The recently confirmed US Attorney General, Todd Blanche, published a new rule that will allow people who were prohibited from carrying weapons to seek “relief” or special permit, to be able to acquire that equipment.
The central argument of the rule is that Attorney General Blanche seeks to restore “federal law” under the Second Amendment of the Constitution.
“The Second Amendment is not a second-class right, and the federal government should not permanently deprive Americans of a constitutional right regardless of whether they pose a danger to public safety,” stated Attorney Blanche. “This rule establishes a rigorous and sensible process that protects the public while offering deserving Americans a real path to restoring that right.”
The new rule reduces the power of a legal process created three decades ago by Congress under Section 925(c) of Title 18 of the United States Code, to prevent convicted or violent people from accessing guns.
“For example, the law prohibits the transfer, possession or receipt of firearms by persons convicted of a crime punishable by a sentence of more than one year,” the DOJ acknowledges in the document published in the Federal Register.
The rule will allow the Department of Justice to review petitions from fugitives from justice, illicit users of controlled substances and people subject to domestic violence restraining orders.
"Because the disqualification of these individuals is not only due to their past conduct, but also other indications of lawlessness and potential dangerousness, the NPRM proposed that, as a presumption, they would be denied relief [...]. However, these individuals can generally move out of their prohibited category by ceasing their unlawful conduct or, in the case of section 922(g)(8), by requesting a modification or early termination of the protective order," says the new rule.
The DOJ defends the final rule as “a functional process” that addresses individualized aspects and promotes President Trump's directive “to protect Second Amendment rights.”
“President Trump continues to make history, this time with the unprecedented restoration of the right to bear firearms for millions of Americans,” said Federal Pardon Attorney Edward Martin. "Over the past several months, we have worked under the direction of Attorney General Todd Blanche to develop a program to restore the rights of the 30 million Americans who have lost their Second Amendment rights. We are proud to serve and defend our great Second Amendment."
An automatic process?
The DOJ states that the request for relief will not be automatic nor will people who request it be guaranteed authorization, but all cases will be reviewed.
“Each applicant must demonstrate to the satisfaction of the Attorney General that the circumstances giving rise to the ban, together with his or her background, reputation, and subsequent conduct, demonstrate that he or she is not likely to act in a manner dangerous to public safety and that granting relief would not be contrary to the public interest,” the DOJ says.
The benefit will leave out some people, President Donald Trump's administration said, including undocumented immigrants, who do not officially have the right to bear arms, a benefit exclusive to American citizens.
“Except exceptional circumstances, violent felons, registered sex offenders, undocumented immigrants, and other individuals who pose an ongoing danger will remain presumptively ineligible for benefits,” it states.
People seeking to apply for relief must register with the Federal Firearms Rights Recovery Program.
