DOJ opens new pathway to restore federal gun rights for certain barred individuals
Attorney General Todd Blanche on Monday launched a new process to allow certain people who are barred from possessing firearms to apply for restoration of their federal firearm rights.
Under a final rule issued by Blanche, applicants must establish the circumstances of their prohibition, as well as show that they are not likely to pose a danger to public safety.
" 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 safet y," Blanche said in a statement. "This rule establishes a rigorous, commonsense process that protects the public while giving deserving Americans a real path to restoration."
Smith & Wesson M&P-15 semi-automatic rifles of the AR-15 style are displayed during the National Rifle Association (NRA) annual meeting at the George R. Brown Convention Center, in Houston, Texas on May 28, 2022. Attorney General Todd Blanche finalized a rule to launch a process for certain people barred from possessing weapons to apply to have their federal firearms rights restored. (PATRICK T. FALLON/AFP via Getty Images)
Along with the circumstances of the prohibition, the applicant's record, reputation, and subsequent conduct will also be taken into consideration, the Justice Department said.
"Absent extraordinary circumstances, violent felons, registered sex offenders, illegal aliens, and other individuals who present an ongoing danger will remain presumptively ineligible for relief," the agency said. "Any relief granted under the rule removes only applicable federal firearms disabilities and does not override independent restrictions imposed by state law."
Monday's announcement is another win for gun-rights advocates.
Last week, the Trump administration declined to pause a judge's ruling that allows people to possess short-barreled rifles, shotguns, and silencers without registering them with the federal government.
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U.S. Attorney General Todd Blanche speaks during a news conference at the Justice Department on Wednesday in Washington, D.C. (Getty Images)
The National Firearms Act of 1934 (NFA) established a $200 tax on silencers, short-barreled rifles, short-barreled shotguns, and other firearms that also required additional federal registration to obtain.
Republicans reduced that tax to $0 in the One Big Beautiful Bill Act (OBBBA), prompting gun rights groups to successfully argue that the added registration requirement was unconstitutional.
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"Our court victory against NFA registration is the greatest Second Amendment legal win in American history," U.S. Rep. Andrew Clyde, R-Ga., wrote on X last week.
Fox News Digital's Elizabeth Elkind contributed to this report.
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