Attorney General Todd Blanche announced Monday that the Justice Department (DOJ) was reviving a process by which those who lost gun rights due to criminal convictions could have them restored.
While federal law provides for a process to restore Second Amendment rights lost after a felony conviction or other circumstances, Congress had largely blocked the process since 1992 by refusing to allow the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) to spend any federal funds on it. Blanche described the new process as “commonsense” while also respecting Second Amendment rights.
“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 announcement. “This rule establishes a rigorous, commonsense process that protects the public while giving deserving Americans a real path to restoration.”
“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,” U.S. Pardon Attorney Ed Martin said. “We are proud to serve and defend our great Second Amendment.”
The process has now been moved to the Office of the Pardon Attorney as opposed to ATF, according to the release and the new rule that will take effect in 30 days. Everytown and Giffords did not immediately respond to requests for comment from the Daily Caller News Foundation about the process.
“The DOJ has released its final regulation re-establishing a formal pathway for non-violent felons to seek restoration of their Second Amendment rights. The DOJ’s press release explains, ‘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. This rule establishes a rigorous, commonsense process that protects the public while giving deserving Americans a real path to restoration,’” Second Amendment Foundation Senior Director of Litigation William Sack told the DCNF. “The Second Amendment Foundation led the way on this important issue, bringing multiple constitutional challenges to the lifetime prohibition for even non-violent 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 continued. “Our review of the final regulation is ongoing, and if any other details require comment, those will be forthcoming.”
A February 2025 executive order signed by President Donald Trump directed the DOJ to review government policies to address infringements of Second Amendment rights and to actively protect the right to keep and bear arms.
“President Trump, AG Blanche, and this administration are correcting a nearly 3 decade old injustice created by Senator Schumer and his funding amendment that has prohibited ATF from restoring federal firearm rights,” Gun Owners of America Senior Vice President Erich Pratt said. “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.”
“Gun Owners of America is thankful that President Trump and AG Blanche are restoring the Second Amendment and ensuring that it is not a Second class right when compared to the other Constitutional rights,” Pratt continued
(DCNF)
