Applications expected from 330,000 in first year of new rule
The regulation, announced Monday, allows individuals who lost their gun rights because of felony convictions to apply to have them reinstated. “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,” Blanche said.
The Justice Department said it expects 330,000 people to apply to have their gun rights restored during the first year of the initiative. About 30 million Americans are currently barred from owning firearms because of their criminal convictions, according to the department.
The new rule places authority to restore firearms rights with the attorney general’s office rather than with the Bureau of Alcohol, Tobacco, Firearms and Explosives. A different federal option for restoring a person’s gun rights previously existed, but Congress had for years prevented ATF from spending money to process applications under its authority, and the Justice Department last year withdrew ATF’s role in the process.
People with criminal records have in the past been able to reclaim their gun rights by obtaining a pardon.
The Justice Department last year fired its pardon attorney after she objected to restoring the gun rights of actor Mel Gibson, who pleaded no contest in 2011 to a misdemeanor battery charge.
The new regulation retains existing federal firearms prohibitions. Under federal law, gun possession is barred for people convicted of crimes punishable for a term exceeding one year, as well as for fugitives, undocumented aliens, people dishonorably discharged from the military, and people convicted of misdemeanor crimes of domestic violence.
The Justice Department said the new rule will also continue to keep firearms out of the hands of undocumented immigrants, registered sex offenders and violent criminals.
The department expects to begin accepting applications in about a month.