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Attorney General Todd Blanche on Monday, August 17, finalized a federal regulation that lets people barred from possessing firearms apply to have their federal firearm rights restored, the Justice Department announced. The department described the rule as one of Blanche's first actions since taking office as Attorney General.
The rule revives the individualized review Congress authorized under 18 U.S.C. § 925(c). The department said that process has been effectively unavailable to most applicants for more than three decades. The regulation takes effect 30 days after publication in the Federal Register.
Restoration is neither automatic nor guaranteed. Each applicant must show that the circumstances behind the prohibition, along with their record, reputation, and conduct since, demonstrate they are not likely to act in a manner dangerous to public safety. They must also show that granting relief would not be contrary to the public interest. The rule maintains strong presumptions against relief for applicants whose crimes or conduct show heightened risk. Absent extraordinary circumstances, violent felons, registered sex offenders, and others the department considers an ongoing danger remain presumptively ineligible.
"This rule establishes a rigorous, commonsense process that protects the public while giving deserving Americans a real path to restoration," Blanche said.
US Pardon Attorney Edward Martin said the program creates a pathway for the roughly 30 million Americans who have lost their firearm rights. Any relief granted removes only federal firearms disabilities. It does not override separate restrictions imposed by state law, which continue to apply on their own terms.
The department has published eligibility information and application instructions through its Federal Firearm Rights Restoration Program site. The final rule as submitted to the Office of the Federal Register is available through the department's announcement.
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