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DOJ opens new pathway to restore federal gun rights for certain barred individuals
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Attorney General Todd Blanche on Monday launched a new process to allow certain people who are barred from possessing firearms to apply for restoration of their federal firearm rights.
Under a final rule issued by Blanche, applicants must establish the circumstances of their prohibition, as well as show that they are not likely to pose a danger to public safety.
“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,” Blanche said in a statement. “This rule establishes a rigorous, commonsense process that protects the public while giving deserving Americans a real path to restoration.”
Along with the circumstances of the prohibition, the applicant’s record, reputation and subsequent conduct will also be taken into consideration, the Justice Department said.
“Absent extraordinary circumstances, violent felons, registered sex offenders, illegal aliens, and other individuals who present an ongoing danger will remain presumptively ineligible for relief,” the agency said. “Any relief granted under the rule removes only applicable federal firearms disabilities and does not override independent restrictions imposed by state law.”
The National Rifle Association (NRA) told Fox News Digital that it has long championed the restoration of Second Amendment rights for individuals who paid their debts to society and who are not demonstrably dangerous to public safety.
“NRA submitted extensive comments in response to the original proposal to ensure the process was fair, accessible, and consistent with the underlying statute,” the group said in a statement. “While the final rule falls short on a few of these suggestions, it is an important step in the right direction. As ever, we will continue our advocacy to ensure no American is unduly deprived of the right to keep and bear arms.”
Kris Brown, president of Brady: United Against Gun Violence, a gun control advocacy group, said the organization was reviewing the rule.
“Since the Notice of Proposed Rulemaking was announced last year, we have underscored that the restoration of gun rights must involve a robust and thoughtful system that minimizes the risk to public safety,” Brown told Fox News Digital. “Yet the Trump administration has consistently shown us they have no such discretion, including by restoring gun rights to convicted domestic abusers and violent January 6 insurrectionists, and by tirelessly rolling back broad policies proven to prevent crime and gun violence.”
The group said it hopes Blanche prioritizes “American lives over gun lobby profits.”
GUN RIGHTS GETS ‘GREATEST RESTORATION’ IN 100 YEARS WITH LATEST TRUMP DOJ MOVE, LAWMAKER HAILS
Monday’s announcement is another win for gun-rights advocates.
Last week, the Trump administration declined to pause a judge’s ruling that allows people to possess short-barreled rifles, shotguns and silencers without registering them with the federal government.
The National Firearms Act of 1934 (NFA) established a $200 tax on silencers, short-barreled rifles, short-barreled shotguns and other firearms that also required additional federal registration to obtain.
Republicans reduced that tax to zero in the One Big Beautiful Bill Act (OBBBA), prompting gun rights groups to successfully argue that the added registration requirement was unconstitutional.
“Our court victory against NFA registration is the greatest Second Amendment legal win in American history,” U.S. Rep. Andrew Clyde, R-Ga., wrote on X last week.
Fox News Digital’s Elizabeth Elkind contributed to this report.
