DOJ Gun Rights Restoration Rule Is a Good Move—But Questions Remain
As one of his first actions as Attorney General, @AGToddBlanche today finalized a federal regulation and launched a new process allowing eligible individuals who are prohibited from possessing firearms to apply for restoration of their federal firearm rights.
“The Second… pic.twitter.com/U0Mwdk32lQ
— U.S. Department of Justice (@TheJusticeDept) August 17, 2026
“Attorney General Blanche Launches New Process to Restore Federal Firearm Rights,” the Department of Justice announced Monday. “As one of his first actions as Attorney General, Todd Blanche today finalized a federal regulation and launched a new process allowing eligible individuals who are prohibited from possessing firearms to apply for restoration of their federal firearm rights.”
That rule was the result of a clever workaround initiated by the DOJ to nullify a procedural obstacle to rights restoration. As a condition of budget approval, a ban on the Bureau of Alcohol, Tobacco, Firearms, and Explosives using any funding for processing applications was implemented in 1992 and reauthorized annually. That restriction was circumvented by withdrawing delegation of authority to review applications from ATF and transferring it to the Department’s Office of Pardon Attorney.
DOJ has created an online portal detailing application process steps, with one significant note still displaying at this writing:
The online application (OMB Form #1123-0017)—Coming soon
As for who should try, the DOJ announcement provides general guidelines:
Under the final rule, restoration of firearm rights is neither automatic nor guaranteed. 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. 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. Absent extraordinary circumstances, violent felons, registered sex offenders, illegal aliens, and other individuals who present an ongoing danger will remain presumptively ineligible for relief. Any relief granted under the rule removes only applicable federal firearms disabilities and does not override independent restrictions imposed by state law.
Missing is information that could be clarified if DOJ responds to a Freedom of Information Act request/complaint that it has so far refused to disclose records on by citing privacy concerns for 10 individuals deemed eligible for rights restoration, including actor/director Mel Gibson. The objection is invalid because the FOIA request never asked for anything that was not a matter of nonexempt record, and the intent behind the effort was simply to help determine what criteria citizens seeking similar relief would need to meet to prove themselves eligible for equal treatment.
Not knowing what records were submitted, reviewed, and other records that were relied on in reaching the restoration decisions could make ensuring equivalent outcomes problematic. Noting “the Department estimates that approximately 1 million people will apply for relief within the first year of the program” requiring “50 FTE [Full-Time Equivalent] personnel,” there will be much room for variations even though circumstances of different applicants may be similar.
The need to apply consistent criteria is not only a matter of basic fairness, but of law. The release of requested records, without disclosing exempt information, will help ensure that.
In any case, Blanche’s announcement is undoubtedly a positive step forward for gun owners, and all should realize this only came about because Democrats are not in power to block it. Being a rule, this will change if the balance of power does, highlighting yet again the critical need to keep that from happening in the midterms and beyond.
About David Codrea:
David Codrea is the winner of multiple journalist awards for investigating/defending the RKBA and a long-time gun owner rights advocate who defiantly challenges the folly of citizen disarmament. He blogs at “The War on Guns: Notes from the Resistance,” is a regularly featured contributor to Firearms News, and posts on Twitter: @dcodrea and Facebook.
