The U.S. Department of Justice on Monday finalized a regulation establishing a pathway for certain individuals barred from federal firearm possession to apply for the restoration of their gun rights. The rule, announced by Attorney General Todd Blanche, marks the first time in over three decades that such an application process has been made available under federal law.
Attorney General Todd Blanche announced the final rule on August 18, 2025, which creates a structured process for individuals with non-violent felony convictions to petition for the restoration of their Second Amendment rights. The regulation takes effect 30 days after publication, with applications to be reviewed by the Office of the Pardon Attorney rather than the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
Under the new rule, applicants must demonstrate to the Attorney General’s satisfaction that they are not likely to pose a danger to public safety and that granting relief would not be contrary to the public interest. The Justice Department stated that violent felons, registered sex offenders, illegal aliens, and individuals deemed an ongoing danger will remain presumptively ineligible absent extraordinary circumstances. Each application will be evaluated individually, considering the applicant’s criminal history, reputation, and conduct since the prohibition.
The DOJ emphasized that the rule does not override state-level restrictions, meaning individuals may still be subject to additional prohibitions under state law. The federal restoration process applies only to federal firearms disabilities.
How the process works
Individuals seeking to restore their federal gun rights must visit the Justice Department’s Federal Firearm Rights Restoration Program website to review eligibility criteria, application instructions, and submit materials. The DOJ has not provided a timeline for when the application portal will go live, though officials stated the 30-day window allows for implementation.
Attorney General Blanche framed the regulation as a commonsense approach to Second Amendment rights. In a statement, he said: “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. This rule establishes a rigorous, commonsense process that protects the public while giving deserving Americans a real path to restoration.”
Legal and political context
The restoration of federal gun rights for non-violent felons had been effectively blocked since 1992, when Congress prohibited the ATF from spending federal funds on the process. The new regulation shifts oversight to the Office of the Pardon Attorney, which will handle applications on an individualized basis. The DOJ stated that the rule aims to balance Second Amendment protections with public safety concerns by screening applicants rigorously.
The move is the latest in a series of actions by the Trump administration to ease federal firearms restrictions. Earlier this year, the administration rolled back or modified several gun regulations, including a decision to allow the possession of certain short-barreled rifles and silencers without federal registration under the National Firearms Act.
Reactions and perspectives
Second Amendment advocacy groups praised the regulation as a long-overdue correction to what they view as an unjust lifetime prohibition for non-violent offenders. Adam Kraut, executive director of the Second Amendment Foundation, stated in a press release: “We commend the Department of Justice for enacting this final rule and recognizing the government should not permanently disenfranchise citizens of their Second Amendment rights for non-violent offenses.”
The DOJ did not immediately respond to requests for comment from gun safety organizations, including Everytown for Gun Safety and Giffords, regarding the new regulation. The agency stated that applications will be reviewed on a case-by-case basis, with public safety remaining the paramount consideration.
Scope and limitations
The federal restoration process applies only to individuals who lost their gun rights due to felony convictions or other federal prohibitions. It does not extend to individuals barred under state laws, which may impose additional restrictions. The DOJ estimates that 30 million Americans have lost their Second Amendment rights due to federal prohibitions, though the number of eligible applicants under the new rule is unclear.
The regulation takes effect 30 days after publication, with the application process expected to begin shortly thereafter. The DOJ has not specified how long the review process will take for individual applications.