What Does the DOJ’s Proposed Rule Change?
The new DOJ rule—now open for public comment—would finally operationalize the process Congress intended under Section 925(c). Here’s what’s most important:
Who is Eligible (and Who Isn’t):
- Presumptively Disqualified:
- Anyone convicted of violent felonies (including murder, rape, kidnapping, robbery, arson, or any crime involving serious violence)
- Those convicted of felony sex offenses or currently required to register as sex offenders
- Convicted domestic abusers, drug traffickers, or those recently serving criminal sentences
- Persons currently on probation, parole, or other supervision, or who have had gun rights restoration applications denied for similar reasons within five years
- Individuals currently subject to federal firearm prohibitions (e.g., fugitives, those under restraining orders, or unlawful users of controlled substances)
For these categories, relief will only be considered in “extraordinary circumstances.” In practice, most applications from violent or high-risk offenders will be denied.
Who May Qualify: