Justice Department Publishes Proposed Rule to Grant Relief to Certain Individuals Precluded from Possessing Firearms

WASHINGTON — President Trump directed the Department of Justice to address the ongoing infringements of the Second Amendment rights of our citizens—all of them. Federal law disables the firearms rights of many citizens who have been convicted of crimes without regard to whether they actually pose a threat of violence. But federal law also empowers the Attorney General to restore Second Amendment rights to individuals who are not “likely to act in a manner dangerous to public safety.” Today, the Department of Justice submitted to the Office of the Federal Register a proposed rule regarding the exercise of the Attorney General’s authority under 18 U.S.C. 925(c) to grant relief to individuals who are otherwise precluded from possessing firearms.

"For too long, countless Americans with criminal histories have been permanently disenfranchised from exercising the right to keep and bear arms—a right every bit as constitutionally enshrined as the right to vote, the right to free speech, and the right to free exercise of religion—irrespective of whether they actually pose a threat," said Attorney General Pamela Bondi. "No longer."

The proposed rule will provide citizens whose firearm rights are currently under legal disability with an avenue to restore those rights, while keeping firearms out of the hands of dangerous criminals and illegal aliens. Ultimate discretion to grant relief will remain with the Attorney General, and she will exercise that discretion on a case-by-case basis in light of all available facts and evidence that bear on an individual’s application. But absent extraordinary circumstances, violent felons, registered sex offenders, and illegal aliens, in particular, will remain presumptively ineligible for relief.

"General Bondi’s support of the rebooted 925(c) program is consistent with President Donald J. Trump’s promise to the American people to support the beautiful Second Amendment," said U.S. Pardon Attorney Edward R. Martin Jr. "My team and I are developing a 925(c) program landing page with a sophisticated, user-friendly platform for Americans petitioning for the return of their gun rights, which will make the process easier for them."

The Justice Department welcomes comments from communities that could be affected by a final rule including law enforcement, victims’ advocates, elected officials, and individuals who would like to apply to have their gun rights restored. Because this proposed rule is intended to create a fair and thoughtful system to evaluate applications for the restoration of firearms right, the Justice Department recommends that individuals seeking the restoration of their firearm rights review and comment on the proposed process rather than submit applications at this time.  

View the proposed rule as it was submitted to the Office of the Federal Register HERE. An official copy will be published next week.