DOJ Opens Path for Felons to Regain Guns

DOJ Opens Path for Felons to Regain Guns

Revolver resting atop a closed law book, engraving illustration

The News

Attorney General Todd Blanche finalized a Justice Department rule Monday that lets people barred from owning firearms because of criminal convictions apply to get their federal gun rights back.

The rule moves the review out of the ATF's hands and puts it with the attorney general — reviving a restoration process Congress created but has kept defunded since the 1990s.

The Justice Department expects 330,000 people to apply in the program's first year. It is the latest step by the Trump administration to loosen federal firearms restrictions, PBS NewsHour reported.

How It Works

Restoration is neither automatic nor guaranteed, the DOJ said. Each applicant must satisfy the attorney general that his record, reputation and later conduct show he is not likely to act dangerously and that relief would not run against the public interest.

Absent extraordinary circumstances, violent felons, registered sex offenders, illegal immigrants and others the department deems an ongoing danger stay presumptively ineligible.

Some offenses carry a presumptive denial for a fixed term. A disqualification tied to marijuana use carries no presumption of denial; a disqualification for other drug use carries a five-year presumption, according to Bearing Arms' reading of the rule.

Any relief lifts only federal firearms disabilities. It does not override separate restrictions imposed by state law.

Timeline

March 2026

The Justice Department announces its intent to create an avenue for rights restoration.

July 2026

DOJ publishes the proposed rule laying out the process applicants would face.

Public comment period — More than 15,000 comments come in, 91 percent of them broadly supportive, the department said.

Monday, August 17, 2026

Blanche announces the finalized regulation, one of his first major actions as attorney general.

Rollout, per the DOJ's own website as described by Bearing Arms: 30 days after the final rule is published, the department will invite candidates to apply. Six weeks after that, up to 5,000 candidates may apply on their own before the window briefly closes. At 120 days, the window reopens for 500 more applicants, and a $30 application fee kicks in.

Reactions

"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 the department's press release.

He said the rule "establishes a rigorous, commonsense process that protects the public while giving deserving Americans a real path to restoration."

Gun-rights writers called it progress with holes in it. Bearing Arms' Cam Edwards wrote that the rule "may not be perfect from a 2A standpoint, but the fact that it exists at all is meaningful progress," while faulting it for setting no deadline for DOJ to act on applications — a gap he argued a future administration hostile to gun rights could use to simply sit on every request.

On the left, The New Republic framed the move as Trump "making it easier for convicted felons to regain their gun rights," casting it as a favor to gun groups such as the NRA.

What's Next

The application clock starts with the rule's formal publication, which triggers the 30-day, six-week and 120-day milestones above. The New Republic reported applications open next month.

After the initial capped rounds, the department will have to widen access to handle the 330,000 applicants it projects for year one.

Expect litigation questions over whether the attorney general may run a restoration process Congress specifically defunded at the ATF — and no statutory deadline forcing DOJ to decide any individual case.

More

Federal law bars gun possession by anyone convicted of a crime punishable by more than a year, along with illegal immigrants, dishonorably discharged veterans and people convicted of domestic violence misdemeanors. The New Republic put the total number of Americans blocked from legally owning firearms by criminal convictions at roughly 30 million.

Until now, the practical route back was a pardon. The New Republic noted that DOJ pardon attorney Liz Oyer was fired last year after refusing to restore the gun rights of actor Mel Gibson, who was convicted of domestic violence in 2011.

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