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Gun Rights· 4 min read· in Law & Justice

DOJ Finalizes Rule Creating First Federal Pathway in Decades for Felons to Restore Gun Rights

The Justice Department has launched a new application process allowing individuals convicted of certain nonviolent felonies to petition for the restoration of their federal firearm rights. The move ends a three-decade freeze on the program, transferring authority to the Office of the Pardon Attorney to evaluate applicants on a case-by-case basis.

By Sierra Monroe

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The Justice Department has finalized a landmark rule that creates a formal pathway for individuals convicted of certain nonviolent felonies to apply for the restoration of their federal firearm rights. Initiated by Attorney General Todd Blanche, the policy operationalizes a statutory relief mechanism that had been effectively dormant for more than three decades.[1][3]

Under the new framework, the DOJ is shifting the administrative authority for processing these applications away from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and placing it under the jurisdiction of the Office of the Pardon Attorney. This bureaucratic maneuver bypasses a long-standing congressional roadblock that had previously frozen the system.[2][4]

The root of the freeze dates back to 1992. While federal law—specifically 18 U.S.C. § 925(c)—has long permitted individuals who lost their gun rights to petition the government for relief, Congress attached an annual appropriations rider that prohibited the ATF from spending any funds to process those applications.[1][3]

As a result, the statutory right existed on paper but had no functioning administrative pathway. For over 30 years, millions of federally convicted individuals with nonviolent records had no meaningful way to seek relief, regardless of how much time had passed or how thoroughly they had rehabilitated themselves.[2][4]

During that three-decade gap, a full presidential pardon was effectively the only route available for federal felons seeking to regain their Second Amendment rights. Because pardons are extraordinarily rare and highly politicized, the avenue for restoration was virtually non-existent for the average citizen.[2]

The newly finalized rule changes that landscape by establishing a dedicated, web-based application portal designed to handle a high volume of petitions. The Justice Department has allocated specific funding to develop the necessary infrastructure to intake, review, and decide on these applications efficiently.[2][4]

The new application process shifts authority to the Office of the Pardon Attorney.

Relief under the new program is not automatic. The Justice Department will evaluate each petition on a rigorous, case-by-case basis. Applicants must demonstrate that the circumstances of their original prohibition, combined with their post-conviction conduct, indicate they no longer pose a risk to public safety.[4][6]

The rule establishes tiered waiting periods before an individual can even apply. Depending on the nature of the underlying conviction, applicants must wait either five or ten years after completing their sentences—including any probation or supervised release—before they are eligible to submit a petition.[2]

To ensure public safety, the DOJ has outlined strict presumptive disqualifiers. Individuals convicted of violent crimes, registered sex offenders, and undocumented immigrants will generally be denied restoration, absent what officials describe as extraordinary circumstances.[1][3]

The application process itself is designed to be comprehensive. Petitioners will be required to submit extensive documentation, including prior criminal judgments, state criminal histories, character references, and electronic fingerprints, allowing the FBI's Criminal Justice Information Services to conduct thorough background checks.[2][4]

Attorney General Blanche framed the initiative as a matter of constitutional fairness, stating that the Second Amendment should not be treated as a second-class right. He emphasized that the federal government should not permanently deprive citizens of a constitutional right without an individualized assessment of their danger to society.[3][5]

The DOJ has allocated specific funding to handle the expected high volume of restoration applications.

The policy shift arrives amid growing legal scrutiny of federal felon-in-possession laws. Following recent Supreme Court rulings that require firearm regulations to align with the nation's historical tradition, lower courts have increasingly challenged categorical bans that lack individualized assessments.[2][5]

Legal experts note that by creating a formal safety valve for nonviolent offenders, the Justice Department may actually be insulating the broader felon-in-possession statute from constitutional challenges. The individualized review process demonstrates that the law accommodates legitimate claims for reinstatement.[2]

It is crucial to note that the federal restoration of rights does not automatically override state-level firearm restrictions. Individuals who successfully navigate the DOJ process must still comply with the laws of their home states, which may maintain separate, permanent bans on firearm possession for anyone with a felony record.[2]

The program is expected to draw immense interest, with estimates suggesting that hundreds of thousands of applications could be filed in the first year alone. This surge will likely place significant demands on the Office of the Pardon Attorney and create a new, specialized area of practice for defense attorneys navigating the complex intersection of federal and state gun laws.[2][4]

Applicants will use a new web-based portal to submit documentation and track their petitions.

Ultimately, the revival of the restoration process represents a major milestone in criminal justice reform and Second Amendment jurisprudence. It offers a tangible second chance for rehabilitated citizens to fully reintegrate into society, balancing the restoration of constitutional rights with the imperative of public safety.[5][6]

Viewpoints in depth

Second Amendment Advocates

Supporters argue that constitutional rights should not be permanently revoked for nonviolent offenses.

Advocates for the Second Amendment have long argued that a blanket, lifetime ban on firearm ownership for any felony conviction is overly broad and unconstitutional. They emphasize that once an individual has paid their debt to society for a nonviolent crime—such as a white-collar offense or a minor drug charge—they should be allowed to fully reintegrate as citizens. Proponents view the DOJ's new pathway as a necessary corrective measure that aligns with the foundational principle that constitutional rights are inherent and should only be restricted when there is a demonstrable, ongoing threat to public safety.

Gun Control Organizations

Critics worry that the administrative process could inadvertently arm individuals who still pose a risk.

Gun safety advocates have expressed apprehension about reopening a pathway that could potentially restore firearm access to thousands of individuals with criminal records. Their primary concern centers on the rigor of the vetting process and whether the Office of the Pardon Attorney has the resources to accurately assess an applicant's true risk level. Critics argue that even nonviolent felonies can sometimes be indicative of a disregard for the law, and they stress that the burden of proof must remain exceptionally high to prevent firearms from falling into the hands of those who might endanger communities.

Legal Scholars

Experts see the move as a strategic legal defense of the broader federal ban on felons possessing firearms.

From a jurisprudential perspective, legal analysts view the DOJ's rule change as a calculated response to recent Supreme Court decisions that demand firearm regulations be rooted in historical tradition. By providing an administrative "safety valve" for nonviolent offenders to regain their rights, the federal government can argue in court that its felon-in-possession statute is not an absolute, unconstitutional prohibition. Scholars suggest this individualized review process makes the underlying law much harder to strike down, effectively protecting the government's ability to keep guns away from truly dangerous individuals.

Key points

  • The DOJ finalized a rule allowing nonviolent felons to apply for the restoration of their federal gun rights.
  • The move ends a 30-year freeze caused by a 1992 congressional defunding of the ATF's restoration program.
  • Authority to process the applications has been transferred to the Office of the Pardon Attorney.
  • Violent felons, sex offenders, and undocumented immigrants remain presumptively ineligible.

What we don’t know

  • How quickly the Office of the Pardon Attorney will be able to process the expected surge of applications.
  • Whether the new administrative process will face legal challenges from states with stricter gun control laws.
  • How federal courts will interpret the 'extraordinary circumstances' required for violent offenders to seek relief.

How we got here

  1. 1968

    The Gun Control Act establishes a pathway for individuals to petition the government to restore their firearm rights.

  2. 1992

    Congress attaches a rider prohibiting the ATF from spending funds to process restoration applications, effectively freezing the program.

  3. 2022

    The Supreme Court's Bruen decision increases legal scrutiny on categorical firearm bans, prompting lower court challenges to the felon-in-possession statute.

  4. August 17, 2026

    Attorney General Todd Blanche finalizes a rule transferring authority to the Office of the Pardon Attorney, reopening the application process.

Second Amendment Advocates 45%Gun Control Organizations 35%Legal Scholars 20%
Second Amendment Advocates
Argue that constitutional rights should not be permanently stripped from individuals who have served their time and demonstrated rehabilitation.
Gun Control Organizations
Express concern that restoring firearm rights to individuals with criminal records could pose a risk to public safety if the vetting process is not stringent enough.
Legal Scholars
View the administrative pathway as a necessary safety valve that helps insulate federal gun laws from being struck down under recent Supreme Court precedents.

Perspectives this story doesn't cover

  • State-level prosecutors
  • Reentry and rehabilitation advocates

Sources

Source coverage

8 outlets

3 viewpoints surfaced

Second Amendment Advocates 45%Gun Control Organizations 35%Legal Scholars 20%
  1. [1]PBS NewsHourGun Control Organizations

    Justice Department creates a new pathway to restore gun rights for some people convicted of felonies

    Read on PBS NewsHour →
  2. [2]Best LawyersLegal Scholars

    The Mechanics of the New DOJ Program

    Read on Best Lawyers →
  3. [3]Associated PressLegal Scholars

    Justice Department creates a new pathway to restore gun rights for some convicted of felonies

    Read on Associated Press →
  4. [4]NewsweekLegal Scholars

    Trump DOJ Restores Gun Rights Application Process: How Felons Can Apply

    Read on Newsweek →
  5. [5]The HillSecond Amendment Advocates

    DOJ moves to restore gun rights for some convicted of felonies

    Read on The Hill →
  6. [6]Fox NewsSecond Amendment Advocates

    DOJ opens new pathway to restore federal gun rights for certain barred individuals

    Read on Fox News →
  7. [7]The IndependentGun Control Organizations

    Justice Department creates a new pathway to restore gun rights for some convicted of felonies

    Read on The Independent →
  8. [8]28/22 NewsSecond Amendment Advocates

    DOJ moves to restore gun rights for some convicted of felonies

    Read on 28/22 News →
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