The Department of Justice (DOJ) recently announced a significant policy shift aimed at creating a process for restoring firearm rights to some individuals with federal convictions.
The change stems from an interim final rule (IFR) titled “Withdrawing the Attorney General’s Delegation of Authority,” published on March 20, 2025. This rule transfers the authority to review applications for gun rights restoration from the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) to the Attorney General, effectively reviving a dormant provision under federal law (18 U.S.C. 925(c)) that allows individuals to petition for relief from firearm disabilities.
Since 1992, Congress has blocked funding for ATF to process applications for restoring gun rights, effectively shutting down this pathway. The DOJ’s new rule seeks to bypass these restrictions by removing ATF from the process and delegating the responsibility to other components within the DOJ, such as the Office of the Pardon Attorney. This move is in line with a February executive order from President Trump directing a review of firearm regulations to address perceived infringements on Second Amendment rights
The recently announced rule marks the first tangible outcome of President Donald Trump’s executive order from early February, which called for a comprehensive review of federal gun policies. This development may allay some of the concerns manifested by Second Amendment advocates who believe the Trump administration has been dragging its feet in implementing previously promised pro-gun reforms. However, it’s important to note that neither Trump’s executive order nor this new rule introduces immediate, concrete changes to existing policies. Instead, the rule sets the stage for developing a future process that would allow for the restoration of gun rights, with the specifics of this mechanism to be determined at a later date.
“Revising 28 CFR 0.130 and removing 27 CFR 478.144 further provides the Department a clean slate on which to build a new approach to implementing 18 U.S.C. 925(c) without the baggage of no-longer-necessary procedures—e.g., a requirement to file an application ‘in triplicate,’ 27 CFR 478.144(b),” Attorney General Pam Bondi wrote in the IFR. “With such a clean slate, the Department anticipates future actions, including rulemaking consistent with applicable law, to give full effect to 18 U.S.C. 925(c) while simultaneously ensuring that violent or dangerous individuals remain disabled from lawfully acquiring firearms.”
Bondi stated that she would keep the newly acquired restoration authority within her office for the time being, rather than immediately delegating it to another agency within the Department of Justice. She did, however, commit to developing and presenting recommendations to Congress regarding the optimal funding structure for a comprehensive gun-rights restoration process.
“The Department respects congressional appropriations prerogatives, and it expects its forthcoming plan under Executive Order 14206 to include legislative proposals to modify or rescind the rider,” she noted. “It is also undertaking a broader examination of how to address the drain on resources that caused Congress to impose the rider in the first instance, including by addressing any potential inefficiencies in the regulatory process created by 26 CFR 178.144.”
Federal law prohibits individuals with felony convictions, domestic violence misdemeanor convictions, or disqualifying mental health records from possessing firearms or ammunition. While Attorney General Bondi did not provide detailed criteria for how individuals currently prohibited from firearm ownership could petition for the restoration of their rights, she indicated that the decision would be “based on a combination of the nature of their past criminal activity and their subsequent and current law-abiding behavior.”
“The Department simultaneously recognizes that no constitutional right is limitless; consequently, it also supports existing laws that ensure, for example, that violent and dangerous persons remain disabled from lawfully acquiring firearms,” Bondi said.
Gun rights advocates have long championed the cause of restoring firearm privileges to certain convicted individuals, particularly those with non-violent felony records. Second Amendment activists view the IFR as a long-overdue correction that provides hope for individuals convicted of non-violent offenses or those who have turned their lives around. They argue that restoring Second Amendment rights is an essential part of reintegration into society.
This effort has gained significant momentum in recent years, especially following the Supreme Court’s landmark decision in New York State Rifle and Pistol Association v. Bruen. The Bruen ruling established a new standard for evaluating contemporary gun laws, which has subsequently led to a series of favorable lower court decisions in the Western District of Texas (2022), the Third Circuit Court of Appeals (2024), and Ninth Circuit Court (2024) for non-violent felons challenging what had effectively been lifelong prohibitions on gun ownership.
This policy represents a significant shift in federal firearm regulations and could impact thousands of individuals who have been in legal limbo regarding their Second Amendment rights. The DOJ plans to screen applicants carefully and exclude those deemed dangerous while legislative proposals are drafted to ensure an efficient and safe restoration process.
About José Niño
José Niño is a freelance writer based in Austin, Texas. You can contact him via Facebook and X/Twitter. Subscribe to his Substack newsletter by visiting “Jose Nino Unfiltered” on Substack.com.
