By Dave Workman
Editor-in-Chief
“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.”
That was the word Monday from Attorney General Todd Blanche, who finalized a federal regulation launching a new process for restoration of Second Amendment rights to people convicted of crimes which, since the early 1990s, have permanently cost them their right to own and use firearms.
The final rule, as submitted to the Office of the Federal Register, is available here.
“This rule establishes a rigorous, commonsense process that protects the public while giving deserving Americans a real path to restoration,” Blanche said in a prepared statement.
Before the gun prohibition lobby launches predictable attacks that this new rule would put guns in the hands of violent criminals and sexual predators, the DOJ makes it clear this will not happen.
“Absent extraordinary circumstances, violent felons, registered sex offenders, illegal aliens, and other individuals who present an ongoing danger will remain presumptively ineligible for relief,” the Justice Department says in its announcement. “Any relief granted under the rule removes only applicable federal firearms disabilities and does not override independent restrictions imposed by state law.”
Under 18 U.S.C. 925(c), the Attorney General can restore federal firearm rights. It was a process available decades ago, until congressional anti-gunners stopped providing funding to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) to conduct what were called “relief from disability” investigations.
Newsweek is reporting “The new Firearm Rights Restoration web page states that the first 5,000 candidates will be able to apply 75 days after the rule is published.”
The news magazine also noted, “Critics, however, are expected to raise concerns that the policy could make it easier for some individuals with criminal histories to regain access to firearms. Gun-control advocates have long opposed efforts to expand access to guns among people previously prohibited from possessing them, arguing that public safety concerns should take precedence over restoration efforts.”
However, Adam Kraut, executive director of the Second Amendment Foundation, stated, “We commend the Department of Justice for enacting this final rule and recognizing the government should not permanently disenfranchise citizens of their Second Amendment rights for non-violent offenses. The Second Amendment Foundation has led the way on this critical issue, having a history of filing challenges to these lifetime prohibitions for non-violent felons.”
Under the final rule, restoration of firearm rights is neither automatic nor guaranteed, DOJ explained in a news release.
“Each applicant must establish to the Attorney General’s satisfaction that the circumstances giving rise to the prohibition, together with the applicant’s record, reputation, and subsequent conduct, demonstrate that the applicant is not likely to act in a manner dangerous to public safety and that granting relief would not be contrary to the public interest,” DOJ said. “The Department will consider the facts and circumstances of each application, while maintaining strong presumptions against relief for individuals whose crimes, conduct, or status demonstrate heightened risks to public safety.”
“It’s a relief to see the Administration taking a positive step forward in removing the barriers and now allowing non-violent offenders a process by which they can restore their constitutional rights,” said SAF’s Kraut.” While we are still reviewing the language of the final rule to see what changes may have been made from the proposed rule, we expect that many people will avail themselves to this reanimated process in order to be able to exercise their rights once again.”
