MEMBER ALERT: DOJ LAUNCHES FEDERAL FIREARM RIGHTS RESTORATION PROGRAM
On August 17th, Attorney General Todd Blanche announced a final rule establishing a new federal process that allows eligible individuals who are currently prohibited from possessing firearms to apply for restoration of their federal firearm rights.
WHAT HAPPENED
The Department of Justice finalized a regulation reactivating the rights restoration process authorized by Congress under 18 U.S.C. § 925(c). That statutory mechanism had been effectively unavailable for more than three decades. As many as 30 million Americans are estimated to have lost their Second Amendment rights under existing federal firearms disabilities.
HOW THE PROGRAM WORKS AND WHO IS PRESUMPTIVELY INELIGIBLE
Restoration of firearm rights under the new rule is neither automatic nor guaranteed. Each applicant must demonstrate to the Attorney General’s satisfaction that:
- The circumstances giving rise to the prohibition, together with the applicant’s record, reputation, and subsequent conduct, show the applicant is not likely to act in a manner dangerous to public safety; and
- Granting relief would not be contrary to the public interest.
The DOJ will consider the facts and circumstances of each application individually, while maintaining strong presumptions against relief for individuals whose crimes, conduct, or status demonstrate heightened risks to public safety.
Absent extraordinary circumstances, the following categories of individuals will remain presumptively ineligible for relief:
- Violent felons
- Registered sex offenders
- Illegal aliens
- Other individuals who present an ongoing danger to public safety
IMPORTANT LIMITATIONS FOR CALIFORNIA RESIDENTS
Any relief granted under the Federal Firearm Rights Restoration Program removes only federal firearms disabilities. Such relief does not override independent restrictions imposed by state law.
California maintains its own set of firearms prohibitions under the California Penal Code and related statutes. Individuals who receive federal relief may still be prohibited from possessing, purchasing, or transferring firearms under California law. Federal restoration alone may not be sufficient to lawfully possess firearms in this state.
CRPA members who are considering applying for federal relief should carefully evaluate whether any California-specific prohibitions apply to their circumstances. Consultation with a qualified firearms attorney familiar with both federal and California law is strongly recommended before taking any action in reliance on a federal restoration of rights.
WHEN THE PROGRAM LAUNCHES AND HOW TO APPLY
The final rule takes effect 30 days after publication in the Federal Register. The DOJ has not yet announced the exact publication date. Members should monitor the program website for updates regarding the effective date and application timeline.
Individuals seeking restoration of their federal firearm rights may visit the DOJ’s Federal Firearm Rights Restoration Program website at www.justice.gov/ffrr for eligibility information, application instructions, and access to the application process.
The full text of the final rule is available on the DOJ website here: https://www.justice.gov/ffrr/media/1458101/dl?inline.
CLOSING AND CONTINUED MONITORING
CRPA will continue to monitor developments as the program becomes operational and will provide further guidance on how this rule interacts with California firearms law once the final rule is published in the Federal Register.