How Did We Get Here?
A Brief Legal History
The Gun Control Act of 1968 was designed to “keep firearms away from the persons Congress classified as potentially irresponsible and dangerous.” This meant that anyone convicted of a felony—any crime punishable by more than a year in prison—was barred from possessing a firearm. Congress did, however, create a mechanism in 18 U.S.C. 925(c) for certain people to apply to the Attorney General for relief from this disability, provided they could show they were not “likely to act in a manner dangerous to public safety” and that granting relief was not “contrary to the public interest.”
For years, this relief was rarely granted, and beginning in 1992, Congress specifically barred ATF from spending funds to process these applications. As a result, there has been virtually no practical pathway for individuals—no matter how long ago or non-violent their offense—to restore their federal gun rights.
Recent Supreme Court cases (Heller, Bruen, Rahimi) have elevated the Second Amendment’s individual protections, fueling legal challenges to “permanent” disarmament and demanding a more nuanced, individualized approach.
