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Proposed DOJ Rule Could Restore Gun Rights to Mental Health Patients

Proposed DOJ Rule Could Restore Gun Rights to Mental Health Patients
Image Credit: NBC News

For over 30 years, countless Americans have been permanently stripped of their Second Amendment rights – not for violent crimes, but for non-violent convictions or temporary mental health struggles. Now, thanks to a new rule proposed by the Department of Justice, those rights could be restored. As Jared Yanis of Guns & Gadgets puts it, “This is huge.” And he’s right – this change could impact millions of Americans, many of whom have been unfairly locked out of gun ownership for decades.

The Legacy of the Schumer Amendment

The Legacy of the Schumer Amendment
Image Credit: Wikipedia

The story begins in 1992, when Senator Chuck Schumer slipped in an amendment that defunded the only federal process for restoring firearm rights under 18 U.S.C. 925(c). As Michael Hensley at Gun Owners of America (GOA) explains, this effectively created a lifetime ban for people with certain non-violent offenses or short-term mental health issues, even if they posed no danger and had long since recovered. “It was a constitutional abuse,” Hensley wrote. “It unjustly blocked citizens from reclaiming a core right.”

What the New DOJ Rule Actually Does

What the New DOJ Rule Actually Does
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According to both Yanis and Hensley, the proposed DOJ rule would reassign the authority to restore gun rights away from the ATF, which had been barred from processing applications, and back to the Attorney General and Department of Justice. In short, it reopens the door that Schumer slammed shut. “It’s about ending decades of unconstitutional punishment,” said Yanis. And for the first time in over three decades, Americans may once again be able to petition for their rights to be restored.

Aiding Non-Violent Offenders and Mental Health Survivors

Aiding Non Violent Offenders and Mental Health Survivors
Image Credit: Guns & Gadgets 2nd Amendment News

This reform isn’t aimed at violent criminals or people with current mental health issues. It’s for law-abiding Americans who made minor mistakes decades ago, or who sought help during a difficult time. As Yanis explained, “We’re talking about Vietnam vets, small business owners, responsible citizens – people who’ve paid their dues and lived lawful lives ever since.” GOA’s joint comment made it clear: non-violent, non-dangerous persons have never historically been stripped of gun rights in the American tradition.

The Role of Gun Owners of America

The Role of Gun Owners of America
Image Credit: Gun Owners of America

GOA has played a central role in pushing for this change. According to Hensley, the group, alongside the Gun Owners Foundation (GOF), the Tennessee Firearms Association (TFA), and the Firearms Regulatory Accountability Coalition (FRAC), submitted an official comment fully supporting the DOJ’s proposal. Their statement emphasized that § 925(c) still legally exists – even if Congress once refused to fund it. “The authority never disappeared,” GOA wrote. “It’s the DOJ’s duty to honor it.”

Supreme Court Support and Legal Grounding

Supreme Court Support and Legal Grounding
Image Credit: Survival World

Yanis also pointed out that Supreme Court precedents such as District of Columbia v. Heller and New York State Rifle & Pistol Association v. Bruen support this move. These cases affirmed that gun rights are not second-class rights, and must be treated with the same level of constitutional protection as other fundamental rights. GOA’s legal argument is that denying rights without due process – especially to peaceful, rehabilitated individuals – violates the Constitution.

This Time, It’s Not Just Talk

This Time, It’s Not Just Talk
Image Credit: NBC News

Earlier this year, Yanis reported that Attorney General Pam Bondi was interested in restoring gun rights, but at the time, there was no real plan. Now, that’s changed. “They had to propose this rule to actually make it happen,” he explained. With the rule now formally submitted, a public comment period is open until June 18, 2025, giving the public a critical opportunity to support it before it’s finalized.

GOA’s Pre-Written Comment Makes Participation Easy

GOA’s Pre Written Comment Makes Participation Easy
Image Credit: Survival World

To help everyday citizens get involved, GOA has created a pre-written comment that can be submitted in just a few clicks. “It’s fast, it’s effective,” said Yanis. The comment highlights the injustice of denying gun rights to people with non-serious or old offenses, or those who’ve fully recovered from mental health treatment. Yanis and GOA both encourage supporters to add personal stories to their comments to strengthen their impact.

Restoring Rights Is More Than a Policy Shift

Restoring Rights Is More Than a Policy Shift
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This proposal isn’t just a tweak in bureaucracy – it’s a moral correction. For decades, Americans have been discouraged from seeking help for mental health out of fear they’d lose their rights forever. “The same system that tells you to get help then punishes you for doing it,” Yanis said. This rule recognizes that rehabilitation and recovery deserve respect, not lifetime punishment.

A Monumental Moment in Gun Rights Advocacy

A Monumental Moment in Gun Rights Advocacy
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GOA Senior Vice President Erich Pratt called the rule “a monumental breakthrough after decades of injustice.” Director of Federal Affairs Aidan Johnston added that GOA has received “countless calls and letters” over the years from citizens pleading for help. “We are proud to support this reform,” he said, promising that GOA would activate its grassroots army to make sure the DOJ hears the people loud and clear.

Finally, Some Common Sense

Finally, Some Common Sense
Image Credit: Wikipedia / Gage Skidmore

What makes this moment so interesting is that it’s happening under the DOJ of a Biden administration, which is usually known for supporting gun control. Yet here we are – seeing cracks in the anti-gun wall, and a proposed rule that could roll back decades of bureaucratic injustice. This proves that when the public pushes hard enough, even the most resistant agencies can bend. And in a time when polarization dominates everything, this might be one of the most bipartisan solutions we’ve seen in years.

Submit Your Comment Before June 18

Submit Your Comment Before June 18
Image Credit: Survival World

Time is ticking. The public comment period ends on June 18, 2025, and every submission counts. Yanis warns that anti-gun groups will be flooding the comments, trying to block the rule. That’s why it’s critical that supporters speak up now. Visit GOA’s website or use their pre-written form, personalize it, and make your voice heard. As Yanis put it, “If we’re silent, they will back off.”

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