Proposed Rule for Restoring Gun Rights Open for Comments from General Public
As we have previously covered, earlier this year the Department of Justice (“DOJ”) had announced that it was transferring the mechanism that adjudicates applications for the restoration of gun rights from the Bureau of Alcohol Firearms and Explosives (“ATF”) to the DOJ itself. The applications are governed by 18 U.S.C. § 925(c), which gives applicants who have had their gun rights stripped due to a qualifying conviction, the ability to restore their gun rights if they can show, “that the circumstances regarding the disability, and the applicant’s record and reputation, are such that the applicant will not be likely to act in a manner dangerous to public safety and that the granting of the relief would not be contrary to the public interest.” The process appears to essentially apply to stale convictions. Under various Congressional appropriations riders, the ATF was forbidden from using funds to implement § 925(c), which prompted the DOJ to take up these applications given they are not under the same budgetary constraints by those appropriation riders. On July 22, 2025, the DOJ released their proposed rule, which gives a preliminary guide into how the DOJ is planning on evaluating said applications in the future.
While the move will be welcome to gun rights advocates, those seeking the restoration of their gun rights still have a long road ahead of them. In announcing several criteria, the rule stresses that the guiding principal of the rule is that, “[in] accordance with certain firearms laws and the Second Amendment of the Constitution” and recognizing that Section 925(c) was passed by Congress in order to, “provid[e] a mechanism for the Attorney General to relieve otherwise-prohibited persons from federal firearm disabilities if they can show that they are likely to possess firearms safely, while simultaneously ensuring that violent or dangerous persons remain subject to the prohibitions in the Gun Control Act.” In application, the rule stresses that there are certain criteria that must be met and that people convicted of certain crimes will still be prohibited from handling, owning, or transferring a firearm under federal law, depending on factors such as an applicant’s type of conviction and how much time has passed since they were subject to a criminal sentence. Under the stated criteria, many applicants will be, “presumptively ineligible for relief and therefore denied relief absent extraordinary circumstances.” The “extraordinary circumstances” typically presents a high bar for any applicants seeking federal relief, and even those who are not “presumptively ineligible” to have their gun rights restored will still need to prove, “the applicant will not be likely to act in a manner dangerous to public safety and that the granting of the relief would not be contrary to the public interest.” Although it should be noted that under the proposed rule, the Attorney General will not be bound by a “’categorial approach’ that looks only at the elements of the applicant’s underlying offenses and compares them to a “generic” version of the listed offenses” and instead any, “decision whether to grant relief will be based on all the relevant circumstances, rather than a blindered approach that looks only at the facts that led to the applicant’s federal firearm disability.” This would allow the Attorney General to consider how old a conviction is, post offense rehabilitation, and other factors that are to be published for consideration when reviewing applications. In practical terms, this means that while some applicants will have a harder time having their rights restored, many convictions will not be automatically disqualifying for said relief and may require a more robust application/proof that they are no longer a threat to the public given their current status that disavows any previous criminal convictions or lifestyles. Anyone seeking such relief should hire an experienced criminal defense attorney who can navigate these complex issues and to see if they are eligible for relief as soon as the program is in effect. Even those seeking to obtain this relief should also temper immediate expectations, as the commentary period will be open until October 20, 2025, with a presumptive period of back and forth where the administration can respond to any praise/criticism from the general public and interest groups before implementing a final and full policy. This will also presumably be in the months to follow, and even then that will only provide a guide for submitting applications and basic criteria that remains to be tested in application. Nonetheless, interested parties should stay up-to-date on these significant developments, along with any court rulings as firearm prohibitions faces legal challenges in the months/years ahead.
