No one wants weapons kept out of the wrong hands more than the shooting community. However, for far too long a person who lost these rights had virtually no recourse EVER to regain their Second Amendment freedoms.
On Monday, new Attorney General Todd Blanche announced that the Department of Justice (DOJ) enacted a process through which a citizen may apply for restoration and be fairly judged.
The rule was sent to the Federal Register.
There’s no slam-dunk promise on gun rights restoration
“Neither automatic nor guaranteed,” eligible individuals must demonstrate that they are not a threat to the well-being of themselves or others. Many offenders will never legally possess a firearm again, and that’s the way it should be.
“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. “This rule establishes a rigorous, commonsense process that protects the public while giving deserving Americans a real path to restoration.”
Under most circumstances, violent felons need not apply.
DOJ considered recent SCOTUS decision on firearms and cannabis
No doubt the anti-gun lobby will howl in protest, but the DOJ carefully noted that dangerous individuals are not eligible.
Blanche made clear that violent criminals, registered sex offenders, illegal aliens, and anyone who poses a risk to their communities will be turned away.
Those convicted of a violent felony, including homicide, kidnapping, terrorism, stalking, and other crimes against the community, are disqualified. The same goes for those guilty of infractions specifically involving weapons, including brandishing or discharging a firearm.
Some infractions, such as drug trafficking convictions, have a lengthy though limited period during which the guilty party may not apply. The individual would have to wait at least 10 years after incarceration and any ensuing probation.
Then there’s the case of drug users, which was seemingly clarified recently in the U.S. Supreme Court’s ruling in Hemani. The high court concluded that regular use of marijuana alone does not automatically eradicate gun rights for the individual as would consumption of hard drugs.
Unlawful users of controlled substances would be barred from having their 2A rights restored until they can show they no longer regularly consume these substances.
But the DOJ created a carveout for marijuana.
For the presumption that drug use disqualifies a person from restoration, marijuana was excluded from the “controlled substance” designation. This followed the SCOTUS decision and many public comments in favor of exempting cannabis from the list.
The DOJ also removed requirements that applicants demonstrate that they do not partake in or are addicted to marijuana.
In the 1990s, the U.S. Congress gutted the restoration process, making the pathway all but impossible. Lawmakers removed funding for the ATF to administer the relief, meaning such restorative action was out of reach.
But in March 2025, the DOJ introduced an interim final rule. In midsummer, the agency added more details and welcomed public comments. Over 90% supported returning to a legitimate pathway for restoration, which will be implemented in specific stages.
The DOJ will wait 30 days and then “invite” certain individuals to apply; then the window will open to another 5,000 applicants. As the apparatus is refined, over 300,000 Americans are expected to apply during the first full year of the program.
U.S. Pardon Attorney Edward Martin noted the work accomplished this year to give deserving citizens a chance to regain their right to keep and bear arms.
“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,” Martin explained. “We are proud to serve and defend our great Second Amendment.”
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