The Department of Justice (DOJ) has officially begun its rollout of long-overdue reform to restore gun rights to some who lost them due to criminal convictions, many times from decades ago.
There are scores of violent offenders whose loss of Second Amendment rights should be permanent. However, nonviolent felons who paid their penalties and demonstrated over time that they are once again law-abiding citizens do not deserve a lifetime ban.
A prime example of this restorative justice is found in the case of Patrick Atkinson.
Decades-old nonviolent conviction prevented man from purchasing firearm
In 1998, he pled guilty to a single count of federal mail fraud related to job placement. Atkinson was sentenced to two years of probation with six months of home confinement, community service, and fees.
Until now, for a single nonviolent felony conviction, he was denied the right to keep and bear arms despite a spotless record for 24 years. His legal challenges to this clear overreach were unsuccessful in court, but he got a second chance when the DOJ reviewed applicants for gun rights restoration.
Second chances are not automatic, but they should be possible for nonviolent offenders.
Gun rights recovery still denied to most violent felons
First, Congress created this pathway years ago, only for future legislators to deny the ATF funding to process offenders’ applications. That ended last month when nine applicants were approved to regain their Second Amendment rights.
The rollout is being phased in for efficiency, and many will still be unable to lawfully possess a firearm.
Those convicted of the most serious felonies are wasting their time applying, as are those convicted of a crime or serving any part of their sentence within the last 10 years.
Any attempt at deception also voids relief.
The federal law does not override state prohibitions on such persons possessing firearms, and the gun ban can be reinstated for future infractions. It is also not a pardon, but a recognition that a nonviolent offender may regain fundamental rights after at least a decade of being an upstanding citizen.
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