DOJ Reverses 30+ Year Gun Ban

The Justice Department is reviving a process that could allow some Americans who lost their federal gun rights because of criminal convictions or other circumstances to seek restoration of those rights.

Attorney General Todd Blanche announced the move Monday, describing the new system as a way to evaluate applicants individually while considering public safety.

“The Second Amendment is not a second-class right, and the federal government should not permanently deprive Americans of a constitutional right without regard to whether they pose a danger to public safety,” Blanche said in the DOJ announcement.

“This rule establishes a rigorous, commonsense process that protects the public while giving deserving Americans a real path to restoration.”

Federal law already provides a mechanism under 18 U.S.C. § 925(c) for certain people prohibited from possessing firearms to apply for relief from that restriction. In practice, however, that route has largely been unavailable for decades.

Since 1992, Congress has generally prevented the Bureau of Alcohol, Tobacco, Firearms and Explosives from using appropriated funds to investigate or act on applications for restoration of federal firearms privileges.

The DOJ’s new rule takes a different approach.

Responsibility for the process is being shifted from ATF to the Office of the Pardon Attorney. The new rule is scheduled to take effect 30 days after its publication.

U.S. Pardon Attorney Ed Martin said officials have spent months developing the program.

“Over the past months, we have worked at the direction of Attorney General Todd Blanche to build a program to give a pathway for restoration for the 30 million Americans who have lost their Second Amendment rights,” Martin said. “We are proud to serve and defend our great Second Amendment.”

Gun-rights organizations welcomed the announcement, particularly as it applies to people convicted of nonviolent offenses.

Second Amendment Foundation Senior Director of Litigation William Sack said his organization had previously brought constitutional challenges to lifetime firearm prohibitions affecting nonviolent felons.

“Today’s development is an exciting next step in the process of ensuring the civil rights of all Americans are respected while only those proven dangerous to society are disarmed,” Sack told the Daily Caller News Foundation.

He added that the organization was still reviewing the final regulation.

The change follows a February 2025 executive order from President Donald Trump directing the Justice Department to examine federal policies that could infringe Second Amendment rights and develop measures to protect the right to keep and bear arms.

Gun Owners of America Senior Vice President Erich Pratt also praised the administration’s action, arguing that Americans convicted of nonviolent crimes who have regained their other constitutional rights should have an avenue to recover their firearm rights as well.

“American citizens who committed nonviolent crimes and have had the rest of their constitutional rights restored have been unfairly discriminated against when it comes to their right to keep and bear arms,” Pratt said.