Tag: politics

Restoring Federal Firearms Rights: A New DOJ Proposal Explained

On By jaguidaIn UncategorizedLeave a comment

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.

New Mental Health Updates Causing Issues for LTC Holders

On By jaguidaIn Legal UpdatesLeave a comment

The MA Dept. of Criminal Justice Information Services (DCJIS) recently rolled out an update to the Massachusetts Instant Record Check System (MIRCS) in an effort to provide real-time mental health information to firearms licensing authorities. This new update has caused issues for both firearms license holders and firearms licensing officers.

MIRCS is the computer program that firearms licensing officers use to determine if an applicant is eligible to be issued a firearms license. MIRCS interfaces with several criminal justice databases and the Massachusetts court system. Licensing officers are notified directly by the courts via the MIRCS subsequent activity queue when a license holder is charged with a new criminal offense. The licensing officer can review the incident and decide whether to suspend or revoke the LTC in accordance with the licensing statute.

Current law prohibits the issuance of an LTC to a person who has been committed to a hospital for drug/alcohol abuse or mental health issues or placed under a guardianship for mental incapacity. Records of these events are often very old and many people have obtained an LTC despite having a commitment in their background. The recent DCJIS update connected the mental health records maintained by the courts with the MIRCS subsequent activity queue. LTC holders, many who have held the license for many years, are now receiving LTC suspension notices and are being forced to surrender their firearms.

Fortunately, Massachusetts adopted the provisions of the NICS Improvement Act which allows an individual to petition the committing court to restore firearms rights. The petition can be filed 5 years after the commitment date and petitioners are entitled to an evidentiary hearing.

We have successfully litigated many restoration of rights petitions for clients since the provisions of the NICS Improvement Act were adopted. If your license has been suspended due to the recent DCJIS update – or you are attempting to apply for an LTC but have a commitment history – please contact our office.