President Trump’s administration has taken a bold step to restore firearm rights for Americans previously denied due to legal disabilities. The landmark move ends a three-decade freeze on the constitutional rights of thousands of citizens who have paid their debt to society.
At a glance:
• The Department of Justice has issued an Interim Final Rule allowing federal gun rights restoration for the first time since 1992
• Attorney General Pam Bondi will now directly process petitions instead of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)
• Since 1992, Congress had prohibited ATF from using funds to process gun rights restoration applications
• The rule enables individuals who are not “dangerous to public safety” to have their Second Amendment rights restored
• Gun rights organizations including the NRA and Gun Owners of America strongly support the rule change
Breaking the 30-Year Blockade on Gun Rights
The U.S. Department of Justice published an interim final rule on March 20 entitled “Withdrawing the Attorney General’s Delegation of Authority.” It will allow federally prohibited persons to petition for restoration of their Second Amendment rights. The move effectively ends a three-decade blockade that prevented thousands of Americans from exercising their constitutional rights.
Since 1992, a congressional restriction known as the “Schumer Amendment” has prohibited the ATF from processing applications for relief from federal firearms disabilities, making the existing statute effectively obsolete. The new rule removes the Attorney General’s delegation of authority to the ATF and instead allows the Attorney General’s office to directly process these petitions.
Erich Pratt, Senior Vice President of Gun Owners of America, praised the decision, stating: “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.”
Restoring Constitutional Rights While Protecting Public Safety
The Gun Control Act (GCA) prohibits individuals from owning firearms under certain conditions, including previous felony convictions, but it also includes provisions for petitioning to remove these conditions. The new law allows the Attorney General to grant relief if it is established that “the applicant will not be likely to act in a manner dangerous to public safety and that the granting of the relief would not be contrary to the public interest.”
Attorney General Pam Bondi stated that the restoration process “has taken on greater significance given developments in Second Amendment jurisprudence since 1992.” Under the new rules, individuals with felony convictions can apply for relief from firearm disabilities under 18 U.S.C. § 925(c), with denials reviewable by federal courts.
The rule modernizes the process by removing outdated ATF regulations requiring applications to be submitted in triplicate. It focuses on federal disability removal while maintaining necessary safeguards to ensure that truly dangerous individuals remain prohibited.
Strong Support from Second Amendment Advocates
Gun rights organizations have applauded the Trump administration’s action as a significant victory for constitutional rights. Aidan Johnston of Gun Owners of America expressed gratitude to President Trump and Attorney General Bondi “for once again allowing gun owners to petition to have their gun rights restored by the Department of Justice.”
Historical data shows that from 1981 to 1991, before the congressional funding restriction, 13,790 “relief” investigations were conducted, with 40.6% approved and 25.4% denied. While critics of the relief program point to cases of re-arrest, most were not related to firearms or violence, suggesting the program effectively identified those who could safely regain their rights.
In addition, the new rule aims to reduce the burden on district courts and provide a less expensive process for applicants.
