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Felons Could Soon Regain Gun Rights Under New Rule

According to journalist Roman Balmakov of Facts Matter, a major shift in federal gun rights policy is quietly unfolding. In a detailed report, Balmakov explains that the U.S. Department of Justice, under Attorney General Pam Bondi, has issued a new interim final rule aimed at restoring the Second Amendment rights of potentially 10 million Americans. For decades, those convicted of nonviolent felonies were left in legal limbo, stripped of their right to bear arms with no real avenue for restoration. Now, that’s changing.

A Rule Hidden in Plain Sight

A Rule Hidden in Plain Sight
Image Credit: Facts Matter with Roman Balmakov

Balmakov opens by emphasizing how legacy media has largely ignored this story. “Sometimes, rights are treated like sacred protections. Other times, they’re treated like privileges,” he explains. For nonviolent offenders – including those with decades-old convictions – losing gun rights was once a lifetime sentence. This new DOJ rule, effective as of March 20, 2025, could finally correct that injustice.

The Law That Stripped Gun Rights

The Law That Stripped Gun Rights
Image Credit: Survival World

As Balmakov notes, the controlling statute is Title 18 U.S.C. § 922(g)(1), which makes it illegal for anyone convicted of a crime punishable by more than one year in prison to possess a firearm. The law does not distinguish between violent and nonviolent offenses, nor does it impose a time limit. That means a 30-year-old white-collar offense still blocks a person from legally owning a gun today.

It also means that someone like Donald Trump – convicted on 34 nonviolent felony counts of falsifying business records – would now be prohibited from owning a firearm, despite receiving no jail time and commanding America’s nuclear arsenal as president.

A Legacy of Dysfunction: ATF’s Frozen Authority

A Legacy of Dysfunction ATF’s Frozen Authority
Image Credit: ATF

Here’s where things get absurd. As Balmakov outlines, Congress included a “remedy” for restoring rights under 18 U.S.C. § 925(c). However, since 1992, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has been barred from processing those applications due to an annual budget rider. In essence, a process existed – but the agency tasked with managing it was legally forbidden from doing so.

“No one has been able to get their rights back unless they received a presidential pardon,” Balmakov states. And pardons, as anyone can imagine, are exceedingly rare.

The DOJ’s Game-Changing Move

The DOJ’s Game Changing Move
Image Credit: NBC News

Enter Attorney General Pam Bondi. According to Balmakov, Bondi just rescinded the delegation of restoration authority from the ATF and brought it back under direct control of the DOJ. This reverses more than 30 years of legal gridlock. In plain English, Bondi is saying: “If ATF can’t do it, we’ll do it ourselves.”

The new interim rule makes this change effective immediately and marks the first real opportunity in decades for nonviolent felons to request a return of their gun rights – something the law technically allowed but never operationalized.

Legal Commentary: The Catch and the Promise

Legal Commentary The Catch and the Promise
Image Credit: Survival World

Balmakov reminds viewers that although this rule is active, the procedural details for applying haven’t been finalized. A public comment period is open, and further rulemaking will be required. The DOJ also acknowledges that some congressional action may still be needed to formalize the process and address resource concerns that originally led to the ATF’s defunding.

While that might sound like bureaucratic red tape, it’s also a sign that the DOJ is serious. “This confusing state of affairs has taken on greater significance,” the new rule reads, “given developments in Second Amendment jurisprudence since 1992.”

Second Amendment Advocates React

Second Amendment Advocates React
Image Credit: Gun Owners of America

Gun rights organizations are already celebrating. The Gun Owners of America (GOA) issued a statement applauding the DOJ’s move. According to GOA, “This bureaucratic failure has denied thousands of individuals their lawful opportunity to restore their rights.” The group called the decision “an encouraging sign that this administration is serious about protecting the Second Amendment for all Americans.”

Balmakov agrees, noting that roughly half of all U.S. felons – about 10 million people – have been convicted of nonviolent crimes and stand to benefit from this rule change.

A Step Toward Proportional Justice

A Step Toward Proportional Justice
Image Credit: Survival World

Balmakov makes a strong case for proportionality in rights restoration. “You can be imprisoned for up to 15 years just for owning a gun as a felon,” he explains, “even if your original conviction didn’t involve violence.” Add lying on a gun background check and you’re looking at 50 years in federal prison – for trying to exercise a constitutional right.

This new rule introduces long-overdue nuance into a legal regime that has been binary for too long: felon equals banned for life, no matter the context. That’s not justice – that’s policy inertia.

The Trump Administration’s Second Amendment Agenda

The Trump Administration’s Second Amendment Agenda
Image Credit: Survival World

The move aligns with President Trump’s broader executive agenda to defend gun rights. According to Balmakov, the rule states that DOJ actions are “consistent with President Trump’s executive order” to eliminate infringements on the Second Amendment. This includes not only repealing Biden-era policies but also reviewing DOJ and ATF practices that have historically overreached.

So far, Bondi’s DOJ is doing just that – first by gutting the zero-tolerance FFL policy, and now by clawing back meaningful authority from an immobilized ATF.

A New Model of Federal Oversight

A New Model of Federal Oversight
Image Credit: Survival World

One subtle but important feature of this shift is that it repositions the DOJ – not an independent regulatory agency – as the lead arbiter of who may or may not qualify to have their gun rights restored. This increases accountability and transparency while reducing the risk of bureaucratic stagnation.

Balmakov sees this as a necessary evolution: “The new process has yet to be created, but the old one is finally gone.” In other words, a broken system has been dismantled. Now comes the hard part: building a better one.

Critics Voice Concerns

Critics Voice Concerns
Image Credit: Survival World

Balmakov also acknowledges a counterpoint from Justice Samuel Alito, who once said that the federal ban on felons possessing firearms “probably does more to combat gun violence than any other federal law.” While that may be true for violent felons, applying the same standard to nonviolent offenders – decades removed from their crimes – raises ethical and constitutional questions.

There’s a strong case, Balmakov suggests, for distinguishing between those who pose a threat and those who simply don’t.

Looking Ahead

Looking Ahead
Image Credit: Survival World

Although we don’t yet know exactly how nonviolent felons will be able to apply for relief, Balmakov says the mere fact that the rule exists is monumental. “This door, which had been welded shut since 1992, is finally open,” he remarks. With 10 million Americans potentially eligible, it’s not an exaggeration to say this could become one of the most impactful Second Amendment actions in recent memory.

For now, interested individuals can follow the DOJ’s public comment process and stay tuned for the official application procedures, which Bondi and her team are expected to release within the next year.

Opening Up a Legal Pathway

Opening Up a Legal Pathway
Image Credit: Survival World

Roman Balmakov deserves credit for bringing attention to a story that the mainstream press has ignored. This rule doesn’t just tweak a policy – it opens a legal pathway that’s been obstructed for over three decades. In a time when the Second Amendment debate is often polarized and stagnant, this new rule signals progress, proportionality, and a return to constitutional fundamentals.

For millions of Americans once caught in legal purgatory, that’s not just news – it’s liberation.