The Justice Department completed a new regulation on Monday establishing a pathway for individuals whose firearm rights were revoked due to criminal convictions to petition for restoration of those rights. Attorney General Todd Blanche, who was recently confirmed, championed the initiative as part of the administration’s broader approach to firearms policy. The official stated that the Second Amendment should not be permanently withheld from Americans without consideration of whether they pose an actual public safety risk.
Under federal law, restoration of gun rights has theoretically been available to convicted felons seeking reinstatement, but since 1992, Congress effectively prevented the federal Bureau of Alcohol, Tobacco, Firearms and Explosives from processing such applications. The new rule bypasses this restriction by establishing an alternative application system utilizing an online portal managed by the Justice Department.
The restoration process will operate on an individualized basis, with officials reviewing each applicant’s criminal history and reputation to assess potential danger to public safety. According to the administration, applicants convicted of violent crimes, registered sex offenders, individuals present in the country without legal status, and those deemed likely to pose societal threats will be rejected “absent extraordinary circumstances.” This action represents part of the Trump administration’s broader initiative to modify existing firearms regulations, following earlier moves this year to adjust various gun-related rules and policies.
Gun control advocates have raised concerns about the implementation. Brady, an organization supporting stricter firearms legislation, indicated the restoration system requires careful oversight to protect public safety. Critics contend the administration has demonstrated inadequate discretion in previous gun-related decisions, including cases involving domestic abusers and individuals connected to January 6 events.
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