The Department of Justice (DOJ) has finalized a process allowing individuals convicted of certain nonviolent felonies to apply for the restoration of their firearm rights, Attorney General Todd Blanche announced on Monday. The new rule establishes a case-by-case assessment system to determine if applicants qualify for exemptions from federal laws that generally prohibit felons from possessing firearms.
Federal law currently bars several categories of people, including those with felony convictions, from owning guns, a restriction the DOJ identified as the most frequently prosecuted federal firearm measure. The administration had previously indicated it would develop this restoration process, citing authority granted to the attorney general to offer exemptions under existing federal statutes.
The DOJ stated that the restoration of rights is not guaranteed. Applicants must demonstrate that they are not likely to pose a danger to public safety. According to the department, individuals convicted of violent felonies, sex offenses, or those in the country unlawfully will be considered presumptively ineligible for the program.
For the affected individuals, the concrete change will be the availability of a formal application process to regain a Second Amendment right. Previously, the federal government maintained a general prohibition for all felons without an active restoration mechanism in place. A person who successfully navigates the "rigorous" process described by Blanche would no longer face the risk of federal prosecution for firearm possession, provided they meet the safety criteria established by the DOJ.
The move comes amid broader legal shifts regarding the Second Amendment following a 2022 Supreme Court ruling that established a new test for gun laws, requiring them to be consistent with historical traditions. By creating an administrative path for rights restoration, the DOJ is utilizing statutory authority to address criticisms from gun rights advocates while maintaining restrictions on groups deemed high-risk. The department has not reported a specific start date for accepting applications, but the rule has been finalized as of the August 17 announcement.