Should Nonviolent Felons Have Rights Restored?

in News

Estimated reading time: 2 minutes

The Second Amendment Foundation (SAF) is throwing its weight behind a groundbreaking Department of Justice (DOJ) proposal that would finally reopen a long-closed door for nonviolent Americans seeking to restore their federal gun rights.

mossberg pistol

The proposed rule, published July 22 in the Federal Register, outlines a new application process for individuals prohibited from firearm ownership under federal law to seek relief from that disability.

According to DOJ estimates, over one million applicants could take advantage of this restoration program in its first year alone.

“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… were the all-but-impossible pardon, seemingly illusory expungement… or an expensive and uncertain route of litigation,” he added.

A Door Closed Since 1992

Since 1968, federal law provided a means for prohibited persons to petition for firearms rights restoration through the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).

But in 1992, Congress blocked ATF from using any appropriated funds to process those petitions—effectively shutting the program down for over 30 years.

Now, under a new rule and an interim order from the Attorney General rescinding ATF’s authority, the DOJ itself will oversee the application process—breathing life into long-stalled rights restoration.

“This proposed rule… is long overdue,” said SAF Founder and Executive VP Alan Gottlieb. “The Second Amendment Foundation has been fighting for decades in courts to restore rights to people who are no threat to society.”

DOJ Acknowledges the Constitutional Stakes

In the rule proposal itself, the DOJ stated:

“This rulemaking reflects the Department’s commitment to the Second Amendment as an indispensable safeguard of security and liberty… [and] a policy decision that the Department must find a way to both advance public safety and ensure that the rights of the people enshrined in the Constitution are not infringed.”

That statement marks a significant tone shift from past DOJ and ATF practices, which often left rights restoration out of reach—even for individuals with decades-old, nonviolent convictions.

What Comes Next

The DOJ is currently accepting public comment on the rule through September 20, 2025.

Gun owners, legal advocates, and the general public are encouraged to weigh in on the proposal here:
👉 Federal Register Comments Portal

SAF sees this as a major milestone in restoring Second Amendment rights to Americans who’ve been unjustly sidelined by bureaucratic inertia for decades.

“The reestablishment of a federal firearms relief determination program will enable millions of Americans to regain their ability to exercise their Second Amendment rights,” Kraut said.

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  • chuck July 27, 2025, 2:22 pm

    Hey bearded wonder is that 18 year old kid that goes off to fight our wars comes home a decorated soldier and does a wheelie down the street on his motorcycle a criminal that deserves to have his god given 2nd amendment rights taken away, you know the kind of man that leads his men into combat, maybe he is braver than he is smart. This is the mentality of a lot of good and decent people including our great president Donald Trump and Martha Stuart. Do you really think these individuals are going to commit a violent act. Time has shown that these laws do not stop the crazy insane people in this world from owning guns, they only punish the law abiding citizens of this country. now if you could disarm the Democrats or like minded crazies that would vote democrat you could wipe out probably 90% of all violent crime. the democrats continually try to lower the bar on what a felony is or what misdemeanor will take your rights from you. A good example is Nevada where the governor has vetoed several democratic led anti gun bills for bing unconstitutional.
    .

  • Frank da Tank 2 July 26, 2025, 8:28 am

    This is about individuals who have Federal felonies. Not State felonies. I have a frown that when she was 19 years old. Her husband in his late 20’s had embezzled money from where he worked to pay for his coworker/mistress’s abortion/hush money. When she refused to cooperate with the secret service and FBI investigation the charged her with federal felony obstruction. Her only way to get her rights back is by clemency or this application process. I wish the writer had also mentioned that the reopening for applications is by an executive order from Donald J.

  • Jerry Owens July 25, 2025, 6:29 pm

    Here in Georgia it goes like this. You are a non-violent felon, could be you wrote bad checks, violated a law that made you a felon that had nothing to do with any violent action. You served time, you did your parole, you fulfilled all requirements for re-entry to society. You can then apply for a pardon. Pardons are not given to those who committed a violent crime. If you are granted a pardon, you can then apply to have the charges expunged from your record. Again, non-violent, did your time, did your parole, and got a pardon. Takes several years to go through all the prerequisites and you had better not get anything other than a parking ticket. If you have stayed clean through all that, you MIGHT get the charges expunged. If you do, you have your rights restored and can purchase and carry a firearm.

  • JR July 25, 2025, 5:37 pm

    They gave up their rights when they willingly committed a felony. What about the victims in their case, do you think they think justice was served? The American justice system is a joke. People who have their live saving stolen and never returned yet because it’s “white collar” the POS gets a few months on pirison & then becasue they have “paid their debt to society” they get their rights back? Bullshit.

  • Michael T July 25, 2025, 2:49 pm

    Non-violent felons should never have lost their 2A rights to begin with. If you haven’t demonstrated violence to innocent people, you should have tools to be able to defend yourself at all times. If you’re a non-violent person, having a gun doesn’t magically turn you violent, even if you’ve done other crimes.

  • Mark July 25, 2025, 2:07 pm

    Once the debt to society has been totally repaid, their rights should be restored. Every free man should have the right to self preservation and self determination.

  • The Bearded Wonder July 25, 2025, 2:02 pm

    Sure, give them a gun.
    Then that nonviolent burglary will be a violent murder next time.
    Anyone that committed a felony once should never be able to carry a gun.
    They have already shown they have no respect or regard for you or others by becoming a felon in the first place.

    • The Bearded Wonder July 25, 2025, 2:07 pm

      How about when their next drug deal goes south and they shoot your daughter or son over $20 bucks.
      Go ahead and give these guys a gun, what could go wrong?

  • Larry July 25, 2025, 1:21 pm

    At what point should rights be restored? Immediately after release from prison? A month? A year? A decade? Burglary, smash and grabs, auto theft are all non-violent, but I’m not crazy about the thought of arming these people. Maybe if they are one-time offenders and have kept their noses clean for 10 years then a restoration of rights could be on the table. I feel the same way about voting rights.

  • Bob July 25, 2025, 12:55 pm

    Shall not be infringed, literally says everything. Government overreach needs to end. Everything is government overreach and people just accept it. It NEEDS To STOP!!!
    If you are not locked up then people are safe enough to own firearms of any sort. You can but all over the place but it’s garbage.

  • Patricio July 25, 2025, 10:40 am

    You should never lose your gun rights. I don’t care if you committed a violent act. If you serve your time, you get out of prison, you should be able to vote and own firearms. It’s just like free speech.
    I’m sick of these politicians in Washington DC passing laws to take away our rights. They make laws to take away your right to vote. They make laws to take away your second amendment rights.

  • Joe Nuclear July 25, 2025, 9:45 am

    “Shannon’s Law” in Maricopa County Arizona is a perfect example of “reviewing” non-violent felons 2A rights. Non Violent Accidental Discharges should not make a “Law Abiding” citizen an instant felon.

  • Mark Brickey July 25, 2025, 9:22 am

    I mostly agree, but with very straight-forward regulations such as how many arrests (max. 2-3?), maybe a “cooling off” of 6 mo or a year after release from punishment, esp.if from any jail time (maybe a month per month served?), very specific definition of “non-violent”,

  • Todd July 25, 2025, 9:18 am

    They’ve either ‘paid their debt to society’ or they haven’t.

    That’s the only real question and everything after the response is obvious.

  • GM1-Mic July 25, 2025, 9:15 am

    Well… For nonviolent crimes I believe that if the justice system believes a person’s debt has been paid upon release from prison/jail, then their rights should be restored. So one of two things needs to happen… better evaluation of criminals prior to release or figure out whether you consider someone “rehabilitated” upon release. They both walk hand and hand but one deals with the individual and the other with the system which we really already know has been broken for quite some time.
    The maximum relief of time served should be 15% for good behavior in federal AND state. No more of this crap of states letting people out because they can’t afford to keep them. Recidivism is outrageous!

  • David Hudson July 25, 2025, 7:33 am

    Every man has a right to self defense. If you paid your debt to society then it’s paid. Dragging out punishment is just another form of control. At the same time home owners defending their home should be given leeway to shoot without worrying about a shit storm after.

  • paul I'll call you what I want/1st Amendment July 24, 2025, 2:40 pm

    ooops above comment should be for the other article….must be heat stroke kicking in today

  • paul I'll call you what I want/1st Amendment July 24, 2025, 2:36 pm

    2.2 rds average, well that equals 3rds since you cant fire a .2 rd. criminals are walking around with 30+ mags and full auto weapons, why do we have to be so disarmed!