DOJ Finalizes Rule Creating Firearm Rights Restoration Path for Felons
The new regulation establishes a formal administrative process for certain convicted felons to petition for reinstatement of gun ownership rights, a policy shift with measurable implications for...
The U.S. Department of Justice finalized a rule on August 11, 2026, that creates a petition process allowing individuals previously barred from firearm ownership due to criminal convictions to apply for restoration of those rights, according to reporting by the New York Post citing the DOJ announcement. The rule was advanced under Attorney General Todd Blanche, who was confirmed to lead the department earlier this year. The DOJ has not yet published the full regulatory text in a publicly accessible Federal Register notice as of the publication date of this article. That document would specify eligibility criteria, disqualifying offenses, and the administering agency.
The rule is framed by DOJ officials as a Second Amendment restoration measure, specifically targeting individuals with nonviolent felony convictions. Federal law under 18 U.S.C. Section 922(g)(1) prohibits any person convicted of a crime punishable by imprisonment for more than one year from possessing firearms. A restoration pathway would require applicants to demonstrate they no longer pose a public safety risk, though the specific legal standard to be applied has not been confirmed in publicly available documents as of this writing.
Second Amendment advocacy organizations have sought a federal restoration mechanism for decades. Congress eliminated funding for the Bureau of Alcohol, Tobacco, Firearms and Explosives to process such applications in annual appropriations legislation beginning in 1992, effectively shutting down the existing statutory pathway under 18 U.S.C. Section 925(c). The new DOJ rule appears to create an administrative alternative, though whether it circumvents the funding restriction or operates through a separate authority is not confirmed in available public records. The Federal Register filing would clarify the statutory basis.
The rule will face legal scrutiny from both gun control advocacy groups, who argue expanded access increases public safety risks, and potential constitutional challenges from petitioners denied relief. No litigation has been filed as of the publication date of this article. The DOJ's Office of Legal Counsel opinion supporting the rule's authority, if one exists, has not been made public. A Freedom of Information Act request to DOJ would be the appropriate mechanism to obtain that analysis.
Several material facts remain unknown. The number of individuals estimated to be eligible under the new rule has not been disclosed by DOJ. The agency responsible for adjudicating petitions, the timeline for processing applications, and the appeals process for denied petitioners are not confirmed in available public sources. The complete text of the finalized rule, once published in the Federal Register, will answer those questions and establish the effective date of the new process.