DOJ Finalizes Rule Letting Some Prohibited Persons Apply to Restore Federal Gun Rights

The Justice Department finalized a rule Monday, August 17, that opens a formal process for some of the roughly 30 million Americans barred from owning firearms to apply to get their rights back. Attorney General Todd Blanche finalized the regulation, capping a process that started with a proposed rule published in July 2025.

"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," Blanche said in a statement carried by the Epoch Times, Fox News, and Breitbart. "This rule establishes a rigorous, commonsense process that protects the public while giving deserving Americans a real path to restoration."

Congress authorized this restoration process under 18 U.S.C. § 925(c), giving the attorney general authority to review individual cases. But starting in 1992, Congress attached riders to spending bills that barred the ATF from spending any money to investigate or act on those applications, according to Legis1. The Supreme Court upheld the practical effect of that funding freeze in United States v. Bean in 2002, ruling that courts couldn't step in and grant relief when the ATF was legally barred from processing the paperwork. For more than three decades, the law existed on paper but nobody could actually use it.

Blanche's rule restarts the program by moving the review authority directly to the attorney general's office instead of the ATF. U.S. Pardon Attorney Edward Martin said the program creates a pathway for the 30 million Americans nationwide who have lost gun rights under federal law, according to the Epoch Times and NTD.

Who's actually eligible

The rule isn't a blanket amnesty. Applicants have to prove to the attorney general that the circumstances behind their prohibition, plus their record, reputation, and conduct since, show they're not likely to be dangerous and that restoring their rights wouldn't hurt public safety.

The Justice Department built in strong presumptions against granting relief to specific categories. Violent felons, registered sex offenders, and people in the country illegally are presumed ineligible absent "extraordinary circumstances," per the department's own language, quoted by Fox News and Breitbart. Fugitives, active drug users, and people under domestic violence protective orders also face that same presumption, according to Legis1's earlier reporting on the proposed rule.

Breitbart's AWR Hawkins framed the rule specifically as opening a door for "non-violent felons." Any approval only lifts federal restrictions. State gun laws stay exactly where they are, a point every outlet in this story flagged clearly.

The math on workload

The Justice Department has told the public it expects roughly 330,000 people to apply once the process opens next month, according to the New Republic. That's separate from the 30 million total figure, which represents everyone theoretically eligible under federal prohibited-person categories, not everyone expected to apply.

The Everytown for Gun Safety Support Fund raised a practical concern in 2025. The Justice Department at one point projected up to 1 million applicants in the first year, with only 50 full-time reviewers assigned to handle them, according to the Epoch Times. Whether 50 reviewers can conduct individualized, rigorous safety assessments on that volume of cases is an open question. If the review process ends up rubber-stamping applications to keep pace with the backlog, that undercuts the "rigorous" standard Blanche described. The Justice Department has not detailed publicly how it will staff up or triage that volume.

Reactions split along predictable lines

The National Rifle Association called the rule "an important step in the right direction" while noting it "falls short on a few" of the group's suggested changes, according to Fox News. Kris Brown, president of Brady: United Against Gun Violence, said her organization was still reviewing the rule but reiterated that restoration "must involve a robust and thoughtful system that minimizes the risk to public safety."

The New Republic's Hafiz Rashid framed the move as Trump "making it easier for convicted felons to get guns" and argued the administration is primarily motivated by pleasing its base. The rule's text, as reported across every outlet including Fox News and Breitbart, explicitly excludes violent felons and sex offenders by default. The New Republic piece also noted that former pardon attorney Liz Oyer was fired last year after refusing to restore actor Mel Gibson's gun rights following his 2011 domestic violence conviction, which is relevant history but distinct from this new regulatory pathway.

What happens next

The rule takes effect 30 days after publication in the Federal Register. The Justice Department has said applications will open next month, with each case reviewed individually rather than through automatic reinstatement. Whether the review staff can keep pace with demand, and whether individual determinations hold up to scrutiny once people start getting approved or denied, remains to be seen once the program is actually running.