The Justice Department has finalized a new rule that creates a pathway for individuals convicted of felonies to apply for the reinstatement of their firearm rights. The process, launched under newly confirmed Attorney General Todd Blanche, aims to restore Second Amendment rights for those who have been prohibited from owning guns due to past convictions.
“The Second Amendment is not a second-class right, and the federal government should not permanently deprive Americans of a constitutional right without regard to whether they pose a danger to public safety,” Blanche stated. He added that the new process will protect public safety while offering a path to restoration for “deserving Americans.”
This move marks the latest effort by the administration to ease firearms restrictions. Previously, federal law allowed individuals to petition the government for gun rights restoration, but a congressional restriction enacted in 1992 effectively barred the Bureau of Alcohol, Tobacco, Firearms and Explosives from processing these applications.
The Trump administration's rule establishes a new application system intended to circumvent the previous limitations. The Justice Department will review applications on a case-by-case basis, assessing an individual's record and reputation to determine potential risks to public safety. Those convicted of violent crimes, registered sex offenders, individuals residing in the country illegally, and others deemed a danger to society will generally be denied, absent extraordinary circumstances.
Kris Brown, president of Brady, an organization advocating for stronger gun laws, indicated that her group is reviewing the final rule. Brown previously emphasized the need for a system that minimizes public safety risks. In a statement, she expressed concerns that the administration has historically shown a lack of discretion, citing instances of restoring gun rights to individuals convicted of domestic abuse and January 6th insurrection-related offenses, and its efforts to roll back policies aimed at preventing crime and gun violence.