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Attorney General Todd Blanche finalized a rule on Tuesday that establishes a formal process for certain individuals with felony convictions to seek the restoration of their federal firearm rights. The new mechanism allows people currently prohibited from gun ownership under the Gun Control Act to apply for relief if they can demonstrate they do not pose a danger to public safety. The Department of Justice (DOJ) stated that the rule is intended to provide a path for "deserving Americans" while maintaining public safety protections.
Under the Gun Control Act, several groups are barred from possessing or transporting firearms, including those convicted of crimes punishable by more than a year in prison, fugitives, unlawful drug users, undocumented immigrants, and those dishonorably discharged from the military. U.S. Pardon Attorney Edward Martin stated that approximately 30 million Americans have lost their gun rights under these classifications. The new DOJ process will require applicants to prove that their record, reputation, and conduct show they are unlikely to act dangerously and that granting relief is in the public interest.
While the rule opens applications for millions, certain groups will remain "presumptively ineligible for relief." According to the DOJ, these groups include violent felons, registered sex offenders, and undocumented immigrants. Additionally, the federal restoration process will not override any existing firearm restrictions at the state level. The rule is scheduled to take effect in 30 days, at which point an online application system will be launched.
For a person with a qualifying non-violent felony conviction, the most immediate change will be the ability to submit an electronic application starting in approximately one month. If approved, an individual would legally be allowed to transport, receive, and possess firearms under federal law. However, because federal relief does not supersede state laws, residents in states with independent firearm prohibitions for felons would still be subject to those local restrictions, meaning their day-to-day legal status regarding firearms may remain unchanged depending on their location.
The implementation of this rule sets a precedent for how the executive branch manages constitutional rights for those with criminal records. By creating a standardized review process for "record, reputation, and subsequent conduct," the Justice Department is moving away from a blanket permanent deprivation of rights for certain classes of individuals. The long-term impact on the legal system will depend on how the DOJ defines "public interest" during the evaluation of the expected hundreds of thousands of applications. The online application portal is expected to open in mid-September.