Category: MIL-OSI

As one of his first actions as Attorney General, Todd Blanche today finalized a federal regulation and launched a new process allowing eligible individuals who are prohibited from possessing firearms to apply for restoration of their federal firearm 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,” said Attorney General Todd Blanche. “This rule establishes a rigorous, commonsense process that protects the public while giving deserving Americans a real path to restoration.”

“President Trump keeps making history – this time by his unprecedented restoration of firearms rights to millions of Americans” said U.S. Pardon Attorney Edward Martin. “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. We are proud to serve and defend our great Second Amendment.” 

For more than three decades, the statutory process Congress created under 18 U.S.C. § 925(c) was effectively unavailable to most individuals seeking relief from federal firearms disabilities. The final rule restores a functioning process for the individualized consideration Congress authorized and advances President Trump’s directive to protect the Second Amendment rights of law-abiding Americans.

Under the final rule, restoration of firearm rights is neither automatic nor guaranteed. Each applicant must establish to the Attorney General’s satisfaction that the circumstances giving rise to the prohibition, together with the applicant’s record, reputation, and subsequent conduct, demonstrate that the applicant is not likely to act in a manner dangerous to public safety and that granting relief would not be contrary to the public interest. The Department will consider the facts and circumstances of each application, while maintaining strong presumptions against relief for individuals whose crimes, conduct, or status demonstrate heightened risks to public safety. Absent extraordinary circumstances, violent felons, registered sex offenders, illegal aliens, and other individuals who present an ongoing danger will remain presumptively ineligible for relief.  Any relief granted under the rule removes only applicable federal firearms disabilities and does not override independent restrictions imposed by state law.

The final rule, as submitted to the Office of the Federal Register, is available here. This rule will take effect thirty days after publication in the Federal Register. Individuals seeking restoration of their federal firearm rights may visit the Justice Department’s Federal Firearm Rights Restoration Program website at www.justice.gov/ffrr for eligibility information, application instructions, and access to the Department’s application process.