The loss and restoration of firearms rights after a disqualifying criminal conviction has become a frequent subject of litigation post-Bruen. A new proposal by the Department of Justice (“DOJ”) aims to provide a pathway to restore firearms rights under federal law to those who would otherwise be prohibited through a detailed application process. It is important to note that this proposal is still in the comment period and no official application process exists at this time.

Understanding the Proposal

The new proposed DOJ rule seeks to create a structured and transparent process for individuals to restore their firearms rights. Applicants will need to prove that they are “not likely to act in a manner dangerous to public safety” and that granting relief “would not be contrary to the public interest”.

The proposed regulations presumptively exclude from relief most violent felons, sex offenders, drug traffickers and many others who are deemed likely to re-offend. Some applicants, such as those convicted of drug crimes or misdemeanor crimes of domestic violence, will need to wait at least 10 years before they are eligible to apply. Others, including most non-violent felons, will need to wait a minimum of 5 years.

The proposed application process will require official documentation related to the underlying prohibiting conviction, supporting affidavits, letters, waivers and background checks.

State Law and Massachusetts

Massachusetts has some of the strictest firearms regulations in the United States. The new proposed DOJ rule clearly states that a restoration of federal firearms rights will not restore firearms rights under state law. This means that many prohibited people who reside in Massachusetts will not be able to access firearms even if their DOJ application is approved. A key exception – one alluded to in the proposed regulations – are those applicants who have restored their firearms under state law through the Massachusetts Firearms Licensing Review Board.

What’s Next?

The proposed rule is open for public comment until October 20, 2025. Comments will then be reviewed by the DOJ and the proposed rule may be modified. The DOJ will then decide whether to issue the new rule. The proposal anticipates the need for 50 employees and a total cost of $20 million to implement the new relief from disabilities procedure. The proposal relies upon an application fee to cover the associated costs. The anticipated cost estimate may be unrealistic and the need for Congressional funding may significantly hamper the implementation of any new regulations.

Our office is monitoring the new DOJ restoration of rights proposal closely. We specialize in the restoration of firearms rights and we expect to begin assisting our clients once the new regulations become effective.