DOJ Unveils New Path for Restoring Firearm Rights to Convicted Individuals
The U.S. Department of Justice (DOJ) has initiated a noteworthy policy change aimed at facilitating the restoration of firearm rights for individuals with federal convictions. This announcement follows an interim final rule (IFR) published on March 20, 2025, which shifts the responsibility for reviewing applications for gun rights restoration from the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) to the Attorney General.
Context and Legislative Background
Since 1992, funding restrictions imposed by Congress have prevented the ATF from processing applications for restoring gun rights, effectively stalling this avenue. The DOJ’s new rule seeks to circumvent these limitations by eliminating ATF’s involvement and allowing the Office of the Pardon Attorney to oversee the process. This alteration aligns with an executive order from former President Trump issued in February, which called for a review of existing firearm regulations with a focus on Second Amendment rights.
Significance of the Rule Change
This rule is a direct outcome of the aforementioned executive order and may ease the concerns of pro-gun advocates who felt the Trump administration was slow to act on promised reforms. Importantly, while the rule itself does not yield immediate changes to current policies, it lays the groundwork for the development of a future system enabling individuals to petition for the restoration of their gun rights.
“Revising 28 CFR 0.130 and removing 27 CFR 478.144 further provides the Department a clean slate on which to build a new approach to implementing 18 U.S.C. 925(c) without the baggage of no-longer-necessary procedures,” said Attorney General Pam Bondi in the IFR. “With such a clean slate, the Department anticipates future actions, including rulemaking consistent with applicable law, to give full effect to 18 U.S.C. 925(c) while simultaneously ensuring that violent or dangerous individuals remain disabled from lawfully acquiring firearms.”
Future Developments
Attorney General Bondi has indicated that she will retain the newly granted authority for firearm rights restoration within her office at this stage, with plans to develop recommendations for Congress regarding funding structures necessary for a comprehensive restoration process.
“The Department respects congressional appropriations prerogatives, and it expects its forthcoming plan under Executive Order 14206 to include legislative proposals to modify or rescind the rider,” she noted. “It is also undertaking a broader examination of resource management that led Congress to impose the rider initially, including addressing any inefficiencies in the regulatory process created by 26 CFR 178.144.”
Eligibility Criteria for Restoration
Under current federal law, individuals with felony convictions, misdemeanor domestic violence convictions, or specific mental health disqualifications are typically prohibited from possessing firearms or ammunition. Although specific guidelines detailing how individuals may petition for rights restoration were not provided, Bondi noted that decisions would be based on the type of past offenses and the individual’s current conduct.
“The Department simultaneously recognizes that no constitutional right is limitless; consequently, it also supports existing laws that ensure, for example, that violent and dangerous persons remain disabled from lawfully acquiring firearms,” Bondi stated.
The Advocacy Landscape
Gun rights advocates have long pushed for the restoration of firearm privileges, particularly for those with non-violent felony convictions. They view the IFR as a crucial step toward providing hope for individuals seeking reintegration into society. The movement has gained traction in light of favorable court rulings that have challenged longstanding prohibitions on gun ownership for non-violent offenders.
Conclusion
This policy shift represents a significant change in federal firearm regulations that may affect countless individuals who find themselves in legal uncertainty regarding their Second Amendment rights. As the DOJ begins its assessment of applications, it aims to balance restored rights with public safety, ensuring that those deemed dangerous remain unable to acquire firearms.
About José Niño
José Niño is a freelance writer based in Austin, Texas. To connect with him, find him on Facebook or X/Twitter. Subscribe to his Substack newsletter, “Jose Nino Unfiltered,” on Substack.com.
