Justice Department Revives Gun Rights Restoration for Nonviolent Offenders

The Justice Department (DOJ) is reviving a program to restore gun rights for nonviolent offenders. This effort marks a renewal of pathways last available through a similar program run by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) in the 1990s.

Eligibility and Process

Violent offenders, such as those convicted of rape or kidnapping, will not qualify for this program. Individuals still in prison or awaiting sentencing are also ineligible. Applicants need to submit crime and conviction details, character references, and fingerprints, and eventually a $30 fee. The DOJ anticipates 330,000 applicants annually. The application process involves thorough reviews by office staff and attorneys.

The DOJ will start accepting applications from invited candidates before opening to the general public on November 4. In January, the initiative will accept 500 more applicants. Names of those restoring rights will be published in the Federal Register as required.

Challenges with State Laws

A potential complication exists with differing state laws. Restoring federal gun rights doesn’t automatically equate to state-permitted gun ownership. The DOJ advises applicants to consult local authorities for guidance.

Safety Concerns

A 1992 Violence Policy Center report criticized the ATF program, noting cases where restored rights led to rearrests. The DOJ’s new initiative faces criticism from gun control advocates, citing fears of public safety risks. However, clemency experts argue the program offers a second chance to nonviolent ex-offenders, asserting that an effective review process should minimize risks.

Resource Challenges

The DOJ acknowledges concerns about the pardon office’s capacity to handle the potential applicant volume. Currently, the office faces high clemency caseloads and staff shortages. Former DOJ pardon attorney Liz Oyer, who served under President Biden, doubts the office’s ability to meet demand, given existing resource constraints.

The DOJ has requested additional budget allocations from Congress to address these challenges. This funding would support new hires, including attorneys dedicated to the gun rights program.