The Department of Justice (DOJ) has initiated a significant shift in how firearm rights are restored to certain individuals, marking one of the first substantial actions following President Donald Trump’s executive order on the Second Amendment.
According to Stephen Gutowski’s report for The Reload, Attorney General Pam Bondi is moving forward with a plan that removes the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) from the process and places the responsibility directly under her authority. The move sets the stage for a new approach to firearm rights restoration, though specifics on its implementation remain unclear.
ATF Stripped of Authority Over Gun Rights Restoration
Curtis Hallstrom of The VSO Gun Channel highlights that the biggest immediate effect of this decision is the ATF’s removal from the firearm rights restoration process. For decades, individuals who were prohibited from owning firearms due to past convictions had no real path to appeal their status due to Congress blocking ATF funding for processing these cases since 1992. Now, with Bondi taking back control, the DOJ intends to create a new framework, though it has yet to specify clear criteria for eligibility.
The Role of Trump’s Executive Order
This development stems from Trump’s February executive order, which directed the DOJ to review existing gun policies and propose reforms. While gun rights advocates have long pushed for the restoration of Second Amendment protections for non-violent offenders, the executive order merely laid the groundwork. Now, Bondi’s move is the first tangible policy shift resulting from that directive. However, as Gutowski points out, the change does not immediately restore anyone’s rights – it only opens the door to a new process that has yet to be fully defined.
Promise of a “Clean Slate” for Future Rulemaking
Bondi’s interim final rule (IFR) eliminates outdated ATF regulations and provides what she calls a “clean slate” for constructing a new system. Gutowski’s report explains that prior requirements, such as submitting applications in triplicate, were outdated and unnecessary. The DOJ claims that future rulemaking will ensure that non-violent individuals can have their rights reconsidered without undermining public safety. Bondi’s statement emphasizes the need to balance individual rights with keeping dangerous individuals from accessing firearms.
A Long-Awaited Move for Gun Rights Advocates
The decision to begin re-establishing a path for firearm rights restoration has been a major demand from gun rights activists, particularly following recent legal victories. Gutowski notes the case of Bryan Range, a Pennsylvania man who lost his gun rights over a food stamp application fraud conviction in the 1990s. Courts have begun ruling in favor of non-violent felons seeking to have their gun rights reinstated, adding legal pressure to create a functional system for appeals.
Concerns Over DOJ’s Motivations and Transparency
Despite this step forward, some remain skeptical about the DOJ’s motivations and transparency in implementing this policy. Hallstrom, in his analysis, warns against celebrating too soon, arguing that Trump’s administration has a mixed record on Second Amendment issues. He reminds viewers that Trump was responsible for previous firearm restrictions, such as the bump stock ban, and that while this move is a positive step, it does not erase past policy failures.
A Potentially Politicized Process?
A controversy has already emerged regarding how firearm rights restoration decisions may be made. Gutowski reports that former DOJ pardon attorney Elizabeth G. Oyer claims she was fired after refusing to recommend Mel Gibson for firearm rights restoration, despite his past domestic violence misdemeanor. Oyer alleges that DOJ officials pressured her to approve Gibson’s application due to his ties to Trump, raising concerns about whether this new process could be politically influenced rather than purely merit-based.
Gun Rights Community Reacts
Gun rights commentators have had mixed reactions. Jared Yanis of Guns & Gadgets 2nd Amendment News views this policy shift as a step in the right direction but warns that it is just the beginning. He urges gun owners and advocates to remain engaged in the process, particularly during the 90-day public comment period that follows the rule’s publication. Yanis emphasizes that while this decision may eventually restore rights to some individuals, it could also lead to more bureaucratic hurdles if not properly managed.
What Happens Next?
Now that Bondi has withdrawn the ATF’s authority over this process, the next phase will involve defining eligibility criteria and determining whether Congress will fund the DOJ’s new system. As Gutowski notes, Bondi has suggested that the DOJ will make legislative recommendations on funding, but it remains uncertain whether Congress will support these efforts. Until then, the process for restoring firearm rights remains in limbo.
Broader Implications for the 2A Landscape
Hallstrom and Yanis both point out that this decision could reshape how the government handles Second Amendment restrictions moving forward. If successfully implemented, it could provide a model for addressing the broader issue of firearm restrictions imposed by past convictions. However, without clear guidelines, there is concern that the process could become either too restrictive or too lenient, leading to legal challenges.
A Step Forward, but Not a Solution Yet
This decision marks a major policy shift, but it is far from a final solution. Gun rights advocates see potential benefits but also recognize that the process must be carefully monitored. Hallstrom’s skepticism and Yanis’ cautious optimism both highlight that while this move is significant, it remains an open-ended question how effectively the DOJ will handle rights restoration going forward.
Public Response and the Road Ahead
With the rule going into effect immediately but still allowing for public comment, gun rights advocates are urging Second Amendment supporters to make their voices heard. Yanis stresses the importance of submitting comments in favor of ensuring a fair and efficient process. Whether this decision ultimately expands gun rights or merely shifts bureaucratic control will depend on how the DOJ implements its forthcoming plan.
This policy shift is an undeniable moment in Second Amendment advocacy, but the details remain uncertain. As Bondi moves forward with this process, the gun rights community will be watching closely to see if this is the beginning of meaningful reform – or just another bureaucratic reshuffling.
A former park ranger and wildlife conservationist, Lisa’s passion for survival started with her deep connection to nature. Raised on a small farm in northern Wisconsin, she learned how to grow her own food, raise livestock, and live off the land. Lisa is our dedicated Second Amendment news writer and also focuses on homesteading, natural remedies, and survival strategies. Lisa aims to help others live more sustainably and prepare for the unexpected.