Trump administration initiates process for restoring gun rights to former convicts, sparking intense debate over constitutional rights and public safety concerns.
Quick Takes
- The Department of Justice plans to transfer gun rights restoration authority from the ATF to Attorney General Pam Bondi through an interim final rule.
- The ATF has been unable to process restoration requests for over 30 years due to congressional funding restrictions.
- The rule is part of President Trump’s executive branch gun policy review.
- Restoration criteria will consider past criminal activity and current law-abiding behavior.
- The move has caused controversy, including allegations that political connections influenced restoration recommendations.
Justice Department Revives Long-Dormant Gun Rights Restoration Process
The Department of Justice has announced plans to establish a process for restoring firearms rights to former convicts who meet specific criteria. This significant policy shift transfers authority from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) to Attorney General Pam Bondi through an interim final rule (IFR). Federal law currently prohibits individuals with felony convictions or domestic violence misdemeanors from possessing firearms, but this new initiative aims to create a pathway for rights restoration for those who demonstrate rehabilitation and law-abiding behavior.
The ATF has been effectively blocked from processing gun rights restoration applications since the early 1990s due to congressional funding restrictions. This has created a situation where the legal mechanism for restoration exists on paper but has been impossible to access for decades. The Trump administration’s initiative addresses this long-standing impasse that has frustrated gun-rights advocates, particularly regarding non-violent offenders who have served their sentences and returned to society.
Finally, a pro-gun action from Bondi—taking power back from the ATF to restore gun rights.
But this isn’t full compliance with Trump’s EO. The DOJ is still litigating anti-2A cases, Bondi’s Report is overdue, and ATF funding remains at $4.4M/day.
A good start, but we need more. pic.twitter.com/wqA2MdOauY
— National Association for Gun Rights (@NatlGunRights) March 19, 2025
Modernizing the Restoration Process
As part of the executive order on gun policy review, the DOJ aims to develop a fresh approach to implementing gun rights restoration. Attorney General Bondi will not immediately delegate restoration authority to another agency but will instead recommend funding strategies to Congress. The interim final rule will take effect immediately, though it includes a 90-day public comment period, with the DOJ exercising its authority to bypass standard notice-and-comment rulemaking procedures.
The criteria for restoring gun rights will include careful consideration of the nature and seriousness of past criminal activity, the time elapsed since conviction, and evidence of current law-abiding behavior. This balanced approach aims to distinguish between individuals who pose little risk to public safety and those with violent histories who might present ongoing concerns. The process represents a significant shift in federal policy regarding Second Amendment rights for those with criminal records.
Controversy and Political Implications
The Trump administration’s initiative has not been without controversy. According to reports, the DOJ’s pardon attorney was terminated after refusing to recommend gun rights restoration for actor Mel Gibson, who has a personal relationship with President Trump. This incident has raised questions about whether objective criteria will truly guide decisions about who regains their rights.
Gun rights advocates have welcomed the policy as a step toward recognizing that constitutional rights should be restorable for those who have paid their debt to society. Meanwhile, critics express concerns about public safety implications and whether the restoration process will adequately screen out individuals with violent tendencies. The issue cuts across traditional political lines, with perspectives varying based on views about Second Amendment rights, criminal justice reform, and government authority.
Path Forward and Implementation Challenges
Implementing this gun rights restoration process faces significant hurdles. Without congressional appropriations, the DOJ may struggle to establish the necessary infrastructure to evaluate applications thoroughly. The administration will need to develop clear, objective standards for determining which former offenders qualify for restoration while ensuring the process respects both constitutional rights and public safety concerns. Furthermore, the policy will likely face legal challenges from various stakeholders with different perspectives on gun rights.
As the 90-day comment period unfolds, lawmakers, advocacy groups, and citizens will have the opportunity to weigh in on this significant shift in federal firearms policy. The debate highlights fundamental tensions in American society regarding the balance between individual rights and collective safety, the potential for rehabilitation after criminal convictions, and the proper role of government in regulating firearms access. How this policy is ultimately implemented may have far-reaching consequences for both gun policy and criminal justice reform.
