The Trump administration is taking frankly shocking steps to restore Second Amendment rights to former convicts through a new Justice Department rule. Democrats hate it, and Republicans are so surprised it’s even happening that many of them don’t know what to think!
At a glance:
• The Department of Justice plans to create a process for restoring gun rights to former convicts who meet specific criteria
• Attorney General Pam Bondi will take over authority for gun rights restoration from the ATF through an interim final rule
• The ATF has been unable to process restoration requests since the early 1990s due to congressional funding restrictions
• The initiative is part of President Trump’s Executive Order reviewing gun policies
• The rule will take effect immediately but includes a 90-day public comment period
Trump Takes Action on Long-Neglected Gun Rights Issue
The Trump administration is moving forward with a plan to restore Second Amendment rights to former convicts who have paid their debt to society. This significant policy shift comes after decades of congressional inaction that effectively blocked a legal pathway for rehabilitated citizens to regain their constitutional rights.
Attorney General Pam Bondi will assume authority for processing gun rights restoration applications through an Interim Final Rule (IFR), taking over from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). The agency has been prohibited from using funds to process such applications since the early 1990s, creating a legal dead end for those seeking restoration.
Federal law currently prohibits individuals with felony convictions or domestic violence misdemeanors from possessing firearms. The new rule would establish criteria considering the nature of past criminal activity and evidence of current law-abiding behavior before restoring rights.
Be honest…were you expecting this? We weren’t!
Bondi Addresses Decades of Administrative Roadblocks
In statements explaining the new rule, Attorney General Bondi highlighted the longstanding barriers preventing lawful restoration of gun rights. “ATF, which currently has regulatory authority to act on applications made under 18 U.S.C. 925(c), has been forbidden from utilizing any of its appropriated funds for staffing to process requests by individuals for over 30 years,” Bondi noted.
The Justice Department aims to develop a modern approach to implementing the restoration process without outdated procedures. Bondi explained, “Revising 28 CFR 0.130 and removing 27 CFR 478.144 further provides the Department a clean slate on which to build a new approach to implementing 18 U.S.C. 925(c) without the baggage of no-longer-necessary procedures—e.g., a requirement to file an application ‘in triplicate.'”
Rather than immediately delegating authority to another agency, Bondi will recommend funding strategies to Congress to effectively implement the program.
Controversy Surrounds Implementation
The Trump administration’s push for gun rights restoration has not been without controversy. The process has already sparked internal conflict, including the firing of Department of Justice pardon attorney Elizabeth G. Oyer over her refusal to recommend actor Mel Gibson for rights restoration.
Before her dismissal, Oyer reported that she was told, “Mel Gibson has a personal relationship with President Trump and that should be sufficient basis for me to make a recommendation and that I would be wise to make the recommendation.”
The interim final rule will take effect immediately upon publication but includes a 90-day public comment period. Under the Administrative Procedure Act, the DOJ is not required to follow standard notice-and-comment rulemaking procedures for this particular rule, allowing for expedited implementation.