Attorney General Launches New Federal Process to Restore Firearm Rights for Individuals With Felony Convictions

For thirty-four years, the federal mechanism allowing convicted felons to petition for the restoration of their gun rights existed almost entirely on paper. On Monday, Attorney General Todd Blanche finalized a rule that resurrects this dormant pathway, establishing a new online portal administered directly by the Justice Department.[1][2]

The move circumvents a 1992 congressional funding block that had effectively paralyzed the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) from processing such applications. By shifting the administrative burden to the broader Justice Department, the executive branch has bypassed the legislative rider that kept the program frozen.[1][7]

Under the new framework, the Justice Department anticipates that up to one million individuals currently prohibited from possessing firearms could become eligible to apply for relief. The mechanism relies on 18 U.S.C. § 925(c), a provision of the Gun Control Act that grants the attorney general explicit authority to lift federal firearms disabilities on a case-by-case basis.[3]

To qualify, applicants must demonstrate that they are unlikely to act in a manner dangerous to public safety and that restoring their rights is not contrary to the public interest. The rule establishes a tiered system of presumptive disqualifications and mandatory waiting periods to screen candidates before a substantive review begins.[2][4]

Individuals convicted of violent crimes, registered sex offenders, and those involved in terrorism, kidnapping, or domestic violence face near-absolute bars to restoration. Officials noted that applicants falling into these categories will be denied absent extraordinary circumstances.[1][5]

For nonviolent, nonsexual offenses, the framework imposes a five-year waiting period after the completion of all terms of supervision, including probation and parole. Offenses with a direct relationship to violence or felony drug distribution require a ten-year waiting period before an application can even be submitted.[3]

The policy shift follows a rapidly changing legal landscape shaped by the Supreme Court's 2022 decision in New York State Rifle & Pistol Association v. Bruen. That landmark ruling required gun regulations to align with the nation's historical tradition, triggering a wave of lawsuits challenging lifetime firearm bans for nonviolent felons.[3]

In June 2026, the Supreme Court's ruling in United States v. Hemani further narrowed categorical prohibitions, holding that certain drug-related disqualifications required individualized consideration. These judicial mandates intensified pressure on the Justice Department to provide a functional review process rather than relying on blanket lifetime bans.[3]

Attorney General Blanche framed the initiative as a necessary corrective, stating that the federal government should not permanently deprive Americans of a constitutional right without regard to whether they pose an ongoing danger. Second Amendment advocates have praised the rule, arguing that permanent disenfranchisement for decades-old, nonviolent offenses violates fundamental liberties.[1][6]

Conversely, gun control organizations and some lawmakers warn that the executive branch is bypassing congressional intent. Critics argue that rearming individuals with criminal records carries significant public safety risks, pointing to the original 1992 defunding of the ATF program, which was prompted by reports of restored individuals subsequently committing violent crimes.[2][3]

The Justice Department maintains that the rigorous review process—incorporating comprehensive criminal history checks, mental health records, and mandatory input from local law enforcement—will effectively screen out dangerous applicants. The department has stressed that restoration is not an automatic pardon or a clearing of a criminal record.[2][4]

The program is scheduled to launch in stages. The Justice Department's portal will accept applications from the first 5,000 candidates 75 days after the rule's publication in the Federal Register, gradually expanding capacity as the administrative infrastructure scales.[2]

Even if federal rights are successfully restored, applicants must still navigate a complex patchwork of state-level firearm prohibitions. The new Justice Department rule does not override state laws, meaning an individual could regain federal permission to purchase a firearm but remain legally barred from doing so by their home state.[4]