Washington, D.C. – The Department of Justice (DOJ) has issued an Interim Final Rule removing the Attorney General’s delegation of authority to the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) to process applications for relief from federal firearms disabilities under 18 U.S.C. 925(c).
This action follows more than three decades of Congressional funding restrictions that have rendered ATF unable to process individual applications.
The rule removes outdated regulations and is part of a broader review of firearm-related policies under Executive Order 14206 (Protecting Second Amendment Rights). Upon the interim final rule’s expected publication tomorrow, the DOJ will begin allowing individuals who are not “dangerous to public safety” to use the statute and petition to have their gun rights restored.
Background on Federal Firearms Disabilities and 18 U.S.C. § 925(c)
Under federal law, certain individuals are prohibited from possessing or acquiring firearms. These restrictions, commonly referred to as “firearms disabilities,” are outlined in 18 U.S.C. § 922(g) of the Gun Control Act of 1968 (GCA). The law bans firearm ownership for felons, individuals with certain mental health adjudications, those convicted of domestic violence misdemeanors, and others deemed ineligible.
However, 18 U.S.C. § 925(c) was designed to provide a mechanism for individuals subject to these restrictions to seek relief. The provision allows an individual to apply to the Attorney General (via the Bureau of Alcohol, Tobacco, Firearms, and Explosives – ATF) for the restoration of their gun rights. To qualify, the applicant must prove that they are not likely to endanger public safety and that granting relief would not be contrary to the public interest. If denied, the applicant has the right to seek judicial review.
Despite this legal pathway, Congress has blocked funding for the ATF to process these applications since 1992, effectively rendering § 925(c) useless for most individuals. This leaves alternative routes—such as state-level restoration processes, expungements, or presidential pardons—as the only viable options for those seeking to regain their Second Amendment rights.
The lack of enforcement of § 925(c) has long been a point of contention among gun rights advocates, who argue that a legitimate avenue for relief exists in federal law but remains inaccessible due to congressional inaction.
Key Points of the Rule Change:
- Since 1992, Congress has prohibited ATF from using funds to process gun rights restoration applications, making the statute obsolete.
- ATF will no longer handle individual firearm disability relief applications under 18 U.S.C. 925(c). DOJ will instead carry out the statute and process petitions for gun rights restoration.
- The DOJ rule goes into effect immediately upon publication and will simultaneously accept public comments on the rule before issuing a final version.
- Gun Owners of America remains committed to monitoring this process and ensuring that any future policies respect the constitutional rights of all law-abiding citizens.
Erich Pratt, Senior Vice President of Gun Owners of America, issued the following statement:
“For decades, law-abiding Americans who have had their gun rights unfairly restricted have been left in legal limbo—creating an unconstitutional de facto lifetime gun ban. This bureaucratic failure has denied thousands of individuals their lawful opportunity to restore their rights. The DOJ’s decision to finally withdraw ATF’s authority in this matter is an encouraging sign that this administration is serious about protecting the Second Amendment for all Americans.”
Aidan Johnston, Director of Federal Affairs for Gun Owners of America, issued the following statement:
“Since its enactment in 1992, Gun Owners of America has fought against the ‘Schumer Amendment’ which defunded the federal gun rights restoration statute. GOA and thousands of would-be gun owners are grateful to President Trump and Attorney General Pam Bondi for once again allowing gun owners to petition to have their gun rights restored by the Department of Justice. We hope to see many more infringements repealed as the federal government carries out President Trump’s executive order Protecting Second Amendment Rights.”
President Trump Issues Executive Order to Protect the Second Amendment
Incremental Strategy to Reform & Repeal the National Firearms Act
About Gun Owners of America
Gun Owners of America is a nonprofit grassroots lobbying organization dedicated to protecting the right to keep and bear arms without compromise. GOA represents over two million members and activists. For more information, visit GOA’s Press Center.
It’s a move in the right direction, but there should be no “restoration of rights “ needed. Those laws are unconstitutional and in the words of Thomas Jefferson “No free man shall ever be debarred the use of arms”.
I have a nonviolent felon friend who will be excited to hear about this. He did something stupid a long time ago and got caught, served his time, probation, etc.
If this rule is successfully applied then my friend can once again be able to protect himself and his family with firearms.
He uses a baseball bat for now…
This is a good start but it comes nowhere near what the constitution GUARANTEES.
Arm up and carry on
Has making gun or ammo possession a crime ever kept an unreformed felon from getting a gun and/or using it in a crime? It’s just another way to stack charges or screw with people.
Thank GOD. I’ve been routinely denied because of a DWI. Stupid.
As someone else noted, baby steps or at least a pivot in the correct direction. A couple of points: afaik all states already have a mechanism in place for a petition of restoring ones rights, yes it can be time consuming and costly. One thing the anti rights folks ignore (intentionally?) is that these only apply to non-violent felons who have completed their sentence (time served, probation/parole etc.) As several posters noted, if that felon is that much of a threat to society, what are they doing out in public and not residing in the gray bar hotel?
In my opinion anyone released from incarceration must prove they are capable of blending back into society as a law abiding citizen. You cannot give them 20 dollars and a Glock just because they’ve done their time. They must work, pay taxes and above all else stay within the law. After 3 years, 5 years, 10 years etc. after completing parole and depending on the severity of their crime, they deserve a path forward. I don’t think that’s unreasonable if your crime was severe enough to warrant prison time. To those who just receive probation, your rights should be restored… Read more »
This would be a good thing to do. I used GOA’s link to send a comment to the DOJ about it.
If someone’s too dangerous to be entrusted with their basic human rights, then they should still be in prison or the nut house. If they’re released, then they should have ALL their rights back.
Sounds pretty pro-Second Amendment individual Rights oriented to me!
It didn’t actually get rid of it but rather restructured it.