DOJ Proposes New Rule to Restore Second Amendment Rights
The U.S. Department of Justice (DOJ) has proposed a new rule to revive a process for restoring Second Amendment rights lost under federal law due to convictions or other disqualifying circumstances. Issued on July 22, the proposal aims to address the permanent ban on firearm possession and receipt for certain individuals.
The Gun Control Act (GCA) offers relief from disabilities through a petition to the Attorney General, but the process has been largely defunct since 1992 due to a congressional appropriations rider. The DOJ's proposed rule seeks to reassign authority to consider these petitions to the Office of the Pardon Attorney and establish clear guidelines.
The proposal introduces presumptive denials for certain circumstances, including convictions for crimes punishable by more than a year in prison. These presumptions can be permanent or last for five or ten years. Applicants must also provide three character references from unrelated individuals. The Trump administration had previously restored rights for some individuals, but this new rule aims to create a more structured process.
Historically, about 40.6% of relief investigations were approved between 1981 and 1991, with the remaining applicants either abandoning their applications or being still prohibited under state law or on parole/probation. The National Rifle Association's Institute for Legislative Action (NRA-ILA) has encouraged its members to submit comments on the proposal.
The DOJ's proposed rule seeks to reinvigorate the process for restoring Second Amendment rights, offering a structured approach with presumptive denials and clear guidelines. The NRA-ILA has encouraged public participation in commenting on the proposal, which could significantly impact federal firearm laws.
