The U.S. Justice Department this week filed a proposed new rule to restore Second Amendment rights to some felons.
Noting that federal law automatically strips gun rights from those convicted of felonies "without regard to whether they actually pose a threat of violence," and that federal law also allows for the AG to restore those rights to those not "likely to act in a manner dangerous to public safety," the 48-page proposed rule establishes a criteria for such restorations.
While the Attorney General's office will have discretion to grant relief on a case-by-case basis, the rule makes clear that "absent extraordinary circumstances, violent felons, registered sex offenders, and illegal aliens, in particular, will remain presumptively ineligible for relief."
This would seemingly allow non-violent individuals, typically those convicted of drug and property crimes, as well as so-called "white collar" felons, such as those convicted of embezzlement, money laundering, tax violations, or fraud, a ready avenue to restore their rights, provided they maintained a clean record since exiting the justice system.
Noting DOJ research into the tendency of a convicted criminal to reoffend ("Recidivism is common for drug traffickers, with more than 80 percent re-arrested within 10 years following release"), the rule only allows an application to be submitted 10 years after the completion of a sentence, including time spent on probation or parole. Some convictions, such as those for non-drug-related crimes, would be eligible to file in as soon as five years. The application process will be available both online and via mail.
Of the 15,148,860 prohibited persons detailed in the NICS Indices as of last December, at least 3,859,452 were listed as felons. The largest class, those adjudicated under mental health reasons, accounts for 7,727,071.
The Department of Justice estimates that 1 million applicants are expected to take advantage of this new pathway back to the right to keep and bear arms in the first year.
Such appeals had been halted in 1992 under a funding rider in the Democrat-controlled Congress, leaving the only route for many to restore their gun rights as a rarely granted presidential pardon.
"For too long, countless Americans with criminal histories have been permanently disenfranchised from exercising the right to keep and bear arms – a right every bit as constitutionally enshrined as the right to vote, the right to free speech, and the right to free exercise of religion – irrespective of whether they actually pose a threat," said Attorney General Pamela Bondi in a statement. "No longer."
The Second Amendment Foundation welcomed the news of the proposed rule.
"Having litigated as-applied challenges for a number of disenfranchised individuals, it’s good to see that this proposed rule provides a pathway to restore their rights," said SAF Executive Director Adam Kraut. "For years, the only mechanisms available for relief from a federal firearms disability were the all-but-impossible pardon, seemingly illusory expungement that did not satisfy federal requirements, or an expensive and uncertain route of litigation. The reestablishment of a federal firearms relief determination program will enable millions of Americans to regain their ability to exercise their Second Amendment rights."
The rule change was posted on the Federal Register on July 22 and is open to public comment for 90 days.
