On March 20, the U.S. Department of Justice (DOJ) announced that it is reviving a provision of federal law that could allow federally prohibited persons to petition for restoration of their Second Amendment rights. The change would allow federal restoration of gun rights for the first time since 1992.
According to NRA-ILA, federal law imposes a ban on firearm possession and receipt for 13 categories of individuals based on certain underlying convictions or events. For most categories, the ban is presumptively permanent. The most prominent of these categories includes those who have been “convicted in any court of … a crime punishable by imprisonment for a term exceeding one year.” The crimes, under ATF’s interpretation of the statute, can include not just felonies but misdemeanors punishable by more than two years imprisonment.
Since 1992, Congress has prohibited ATF from using funds to process gun rights restoration applications, making the statute obsolete.
ATF will no longer handle individual firearm disability relief applications under 18 U.S.C. 925(c). DOJ will instead carry out the statute and process petitions for gun rights restoration.
The DOJ rule goes into effect immediately upon publication and will simultaneously accept public comments on the rule before issuing a final version.
The rule removes outdated regulations and is part of a broader review of firearm-related policies under Executive Order 14206 (Protecting Second Amendment Rights). Upon the interim final rule’s expected publication tomorrow, the DOJ will begin allowing individuals who are not “dangerous to public safety” to use the statute and petition to have their gun rights restored.
Erich Pratt, senior vice president of Gun Owners of America, said, “For decades, law-abiding Americans who have had their gun rights unfairly restricted have been left in legal limbo—creating an unconstitutional de facto lifetime gun ban. This bureaucratic failure has denied thousands of individuals their lawful opportunity to restore their rights. The DOJ’s decision to finally withdraw ATF’s authority in this matter is an encouraging sign that this administration is serious about protecting the Second Amendment for all Americans.”
NRA-ILA said in a statement, “In any case, fundamental rights like the Second Amendment are not a reward bestowed by the government on a discretionary basis for exemplary behavior. Rather, they are limits on its authority the government is required to obey. The NRA commends the Trump Administration for taking this decisive action to protect the right to keep and bear arms.”
Aidan Johnston, director of federal affairs for Gun Owners of America, said, “Since its enactment in 1992, Gun Owners of America has fought against the ‘Schumer Amendment,’ which defunded the federal gun rights restoration statute. GOA and thousands of would-be gun owners are grateful to President Trump and Attorney General Pam Bondi for once again allowing gun owners to petition to have their gun rights restored by the Department of Justice. We hope to see many more infringements repealed as the federal government carries out President Trump’s executive order Protecting Second Amendment Rights.”
