DOJ Says Firearms Rights Restoration Portal Is Coming Soon

in News

Estimated reading time: 3 minutes

The Justice Department is preparing to open a new application process for Americans seeking restoration of their federal firearm rights.

U.S. Pardon Attorney Ed Martin announced that his office is building an online portal to accept applications. He said its launch is “just around the corner.”

The announcement follows Attorney General Todd Blanche’s approval of a final rule establishing the new Federal Firearm Rights Restoration Program.

SEE ALSO: Should Mel Gibson Have His Gun Rights Restored?

What Is the New Program?

Federal law allows the attorney general to restore firearm rights lost under certain federal prohibitions.

However, the process Congress created under 18 U.S.C. § 925(c) has been effectively unavailable to most individual applicants for more than 30 years.

The new rule puts that process back into operation.

It will allow eligible Americans who cannot legally possess firearms under federal law to request an individual review from the attorney general.

“The Second Amendment is not a second-class right,” Blanche said. He added that the federal government should not permanently deny that right without considering whether someone still presents a public-safety risk.

Rights Will Not Be Restored Automatically

The new process does not automatically restore anyone’s firearm rights.

Applicants must convince the attorney general that they are unlikely to act in a manner dangerous to public safety. Granting relief must also be consistent with the public interest.

DOJ will review each applicant’s:

  • Original reason for losing firearm rights
  • Criminal or other relevant record
  • Reputation
  • Conduct since becoming prohibited
  • Potential risk to public safety

A successful application is not guaranteed.

Who Will Face a Presumption Against Relief?

The rule establishes strong presumptions against restoring rights to applicants whose history or current status suggests an ongoing danger.

According to DOJ, those presumptions will generally apply to:

  • Violent felons
  • Registered sex offenders
  • Illegal aliens
  • Other people who present an ongoing public-safety risk

An applicant facing one of those presumptions would need to demonstrate extraordinary circumstances to overcome it.

Application Portal Coming Soon

Martin said the Pardon Attorney’s Office is developing an online portal for incoming applications.

“For those of you who are seeking relief, I know you’re anxious to get started,” Martin said.

Until the portal opens, potential applicants can visit the DOJ’s Federal Firearm Rights Restoration website. The department is posting information about eligibility, required documents and application instructions there.

Martin said DOJ will continue updating the site as the program moves toward launch.

The final rule will take effect 30 days after its publication in the Federal Register. DOJ has not provided a specific date for the application portal to begin accepting submissions.

Federal Rights Only

Any relief granted through the program will remove only the applicable federal firearm prohibition.

It will not override a separate restriction imposed under state law.

That means someone approved through the federal program could still remain prohibited from possessing firearms in a particular state.

A Path for Millions

Martin said the department built the program to provide a potential restoration path for the roughly 30 million Americans who have lost their Second Amendment rights.

That does not mean 30 million people will automatically qualify or receive relief. Every case will receive an individual review under the standards established by the rule.

For now, prospective applicants should begin by reviewing the information available on the DOJ program website.

Key Takeaways

  • DOJ finalized a process for restoring federal firearm rights.
  • Restoration will not be automatic or guaranteed.
  • Applications will receive individual reviews.
  • Dangerous or high-risk applicants face strong presumptions against relief.
  • An online application portal is coming soon.
  • Relief applies only to federal restrictions, not independent state prohibitions.
  • The rule takes effect 30 days after Federal Register publication.

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