Washington, D.C. – The Department of Justice (DOJ) has issued an Interim Final Rule removing the Attorney General’s delegation of authority to the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) to process applications for relief from federal firearms disabilities under 18 U.S.C. 925(c).
This action follows more than three decades of Congressional funding restrictions that have rendered ATF unable to process individual applications.
The rule removes outdated regulations and is part of a broader review of firearm-related policies under Executive Order 14206 (Protecting Second Amendment Rights). Upon the interim final rule’s expected publication tomorrow, the DOJ will begin allowing individuals who are not “dangerous to public safety” to use the statute and petition to have their gun rights restored.
Background on Federal Firearms Disabilities and 18 U.S.C. § 925(c)
Under federal law, certain individuals are prohibited from possessing or acquiring firearms. These restrictions, commonly referred to as “firearms disabilities,” are outlined in 18 U.S.C. § 922(g) of the Gun Control Act of 1968 (GCA). The law bans firearm ownership for felons, individuals with certain mental health adjudications, those convicted of domestic violence misdemeanors, and others deemed ineligible.
However, 18 U.S.C. § 925(c) was designed to provide a mechanism for individuals subject to these restrictions to seek relief. The provision allows an individual to apply to the Attorney General (via the Bureau of Alcohol, Tobacco, Firearms, and Explosives – ATF) for the restoration of their gun rights. To qualify, the applicant must prove that they are not likely to endanger public safety and that granting relief would not be contrary to the public interest. If denied, the applicant has the right to seek judicial review.
Despite this legal pathway, Congress has blocked funding for the ATF to process these applications since 1992, effectively rendering § 925(c) useless for most individuals. This leaves alternative routes—such as state-level restoration processes, expungements, or presidential pardons—as the only viable options for those seeking to regain their Second Amendment rights.
The lack of enforcement of § 925(c) has long been a point of contention among gun rights advocates, who argue that a legitimate avenue for relief exists in federal law but remains inaccessible due to congressional inaction.
Key Points of the Rule Change:
- Since 1992, Congress has prohibited ATF from using funds to process gun rights restoration applications, making the statute obsolete.
- ATF will no longer handle individual firearm disability relief applications under 18 U.S.C. 925(c). DOJ will instead carry out the statute and process petitions for gun rights restoration.
- The DOJ rule goes into effect immediately upon publication and will simultaneously accept public comments on the rule before issuing a final version.
- Gun Owners of America remains committed to monitoring this process and ensuring that any future policies respect the constitutional rights of all law-abiding citizens.
Erich Pratt, Senior Vice President of Gun Owners of America, issued the following statement:
“For decades, law-abiding Americans who have had their gun rights unfairly restricted have been left in legal limbo—creating an unconstitutional de facto lifetime gun ban. This bureaucratic failure has denied thousands of individuals their lawful opportunity to restore their rights. The DOJ’s decision to finally withdraw ATF’s authority in this matter is an encouraging sign that this administration is serious about protecting the Second Amendment for all Americans.”
Aidan Johnston, Director of Federal Affairs for Gun Owners of America, issued the following statement:
“Since its enactment in 1992, Gun Owners of America has fought against the ‘Schumer Amendment’ which defunded the federal gun rights restoration statute. GOA and thousands of would-be gun owners are grateful to President Trump and Attorney General Pam Bondi for once again allowing gun owners to petition to have their gun rights restored by the Department of Justice. We hope to see many more infringements repealed as the federal government carries out President Trump’s executive order Protecting Second Amendment Rights.”
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About Gun Owners of America
Gun Owners of America is a nonprofit grassroots lobbying organization dedicated to protecting the right to keep and bear arms without compromise. GOA represents over two million members and activists. For more information, visit GOA’s Press Center.
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