DOJ Opens Program Allowing Some Former Felons To Apply To Restore Firearm Rights

Newly sworn-in Attorney General Todd Blanche has unveiled a Department of Justice initiative that will let certain people with prior felony convictions apply to have their federal firearm rights restored.

The DOJ announced Monday that individuals whose felony records previously and automatically barred them from possessing weapons can submit applications to request reinstatement of their right to bear arms. The department estimated roughly 330,000 potentially eligible applicants.

Blanche, Trump's former personal attorney, announced a new, quicker way to get guns back in the hands of felons. / Evelyn Hockstein / REUTERS

Who Is Excluded: The Justice Department said the program will not be open to undocumented immigrants, registered sex offenders, or people convicted of violent offenses.

In a statement, Attorney General Blanche 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."

The DOJ hasn't exactly been shy about advancing the presidential legal agenda. / Kevin Lamarque / REUTERS

Background: Historically, restoring federal firearm rights typically required a presidential pardon or relief through a formal clemency process. The DOJ's pardon office experienced notable turmoil during the prior administration, complicating that path for many applicants.

Last year the department dismissed pardon attorney Elizabeth Oyer after she publicly objected to restoring firearms rights in the case of actor Mel Gibson, who lost his gun rights following a 2011 domestic violence misdemeanor conviction. Oyer told The New York Times she viewed the issue as a public-safety concern and said returning firearms to people with a history of domestic violence carried "real consequences."

Trump was forced to replace

Oyer was succeeded by prosecutor Edward Martin, who has been described by critics as politically conservative and who has publicly supported some defendants associated with the Jan. 6, 2021, Capitol breach. Martin—who sometimes goes by the nickname "Eagle Ed"—was not confirmed to lead the U.S. Attorney's Office in Washington, D.C., after lacking sufficient Senate support for the nomination.

Martin praised the new restoration effort, saying he is "proud to serve and defend our great Second Amendment." In a statement endorsing the policy, he added, "President Trump keeps making history—this time by his unprecedented restoration of firearms rights to millions of Americans."

What Comes Next: The DOJ did not publish a detailed timeline for processing applications or the specific criteria and review procedures that will be used. Observers and advocates on both sides of the gun-rights debate said they would be watching closely for the program's implementation details and safeguards intended to protect public safety.