The US Department of Justice announced on Monday (August 17) that it has initiated a new process to allow individuals who are currently prohibited by federal law from possessing firearms to apply to have their federal gun rights restored. The Justice Department stated that this program could provide an opportunity for tens of millions of Americans to apply for the restoration of their rights, but all applications will still be reviewed on a case-by-case basis.
The newly appointed Attorney General, Todd Blanche, confirmed the federal regulations of this program. In a statement, he emphasized that “the Second Amendment of the United States Constitution is by no means a second-class right. The US government should not permanently deprive American citizens of their constitutional rights without considering whether they pose a threat to public safety.”
The US Pardon Prosecutor, Edward Martin, stated that this new initiative will provide a pathway for 30 million Americans who have lost their Second Amendment rights to apply for restoration.
According to the Department of Justice, since 1992, the US Congress has established procedures for those seeking to restore their gun rights under federal law, but the process has not been practical for most applicants.
The Department of Justice explained that the impracticality stemmed from Congress not allowing the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) to use funds to investigate or process rights restoration applications under the law.
Under ATF regulations, federal law prohibits several categories of individuals from possessing firearms, including those convicted of crimes punishable by more than one year of imprisonment, fugitives, illegal drug users or addicts, those involuntarily committed to a mental institution, illegal immigrants, dishonorably discharged veterans, renounced US citizens, individuals subject to certain domestic violence restraining orders, and those who have committed misdemeanor crimes.
The regulation will come into effect 30 days after being published in the Federal Register. Additionally, as this new rule is being introduced, both the Supreme Court and lower federal courts are considering legal challenges regarding gun eligibility restrictions.
The Department of Justice clarified that this new process will not automatically restore a person’s gun rights and each application will be reviewed individually.
The Department of Justice mentioned application rules, including the requirement for applicants to demonstrate to the Attorney General why their initial prohibition from possessing firearms, along with their personal records, reputation, and subsequent behavior, is unlikely to pose a threat to public safety, and restoring their gun rights would not be against the public interest.
The regulation establishes clear presumption principles, where if an applicant’s criminal behavior, conduct, or identity indicates a higher risk to public safety, their gun rights restoration will not be approved.
Additionally, unless under extremely special circumstances, violent felons, registered sex offenders, illegal immigrants, and other individuals who continuously pose a danger are presumed to not meet the conditions for restoring gun rights.
Moreover, any approved applications by the Department of Justice will only lift federal restrictions on individual’s gun rights and cannot overturn independent restrictions imposed by state laws.
The “Everytown for Gun Safety Support Fund” expressed concerns in a 2025 article about the Justice Department’s implementation of this “broad program” because it allows convicted felons, domestic violence offenders, and other prohibited individuals to regain possession of firearms.
The non-profit organization raised concerns that the 50 full-time reviewers may not be able to handle the massive workload, as the Justice Department predicted that one million people would apply in the first year of the new regulation’s implementation.
The group questioned whether such a massive workload would be overwhelming and expressed concerns that “dangerous individuals” could slip through the cracks. They also advocated for human review of the applications rather than relying on artificial intelligence (AI) to complete the process.