U.S. Attorney General Announces Proposed Rules for Federal Restoration of 2A Rights!!!

[Molly B.]

 

[Molly B.]

https://www.justice.gov/opa/pr/justice-department-publishes-proposed-rule-grant-relief-certain-individuals-precluded

 

WASHINGTON — President Trump directed the Department of Justice to address the ongoing infringements of the Second Amendment rights of our citizens—all of them. Federal law disables the firearms rights of many citizens who have been convicted of crimes without regard to whether they actually pose a threat of violence. But federal law also empowers the Attorney General to restore Second Amendment rights to individuals who are not “likely to act in a manner dangerous to public safety.” Today, the Department of Justice submitted to the Office of the Federal Register a proposed rule regarding the exercise of the Attorney General’s authority under 18 U.S.C. 925(c) to grant relief to individuals who are otherwise precluded from possessing firearms.

 

"For too long, countless Americans with criminal histories have been permanently disenfranchised from exercising the right to keep and bear arms—a right every bit as constitutionally enshrined as the right to vote, the right to free speech, and the right to free exercise of religion—irrespective of whether they actually pose a threat," said Attorney General Pamela Bondi. "No longer."

 

The proposed rule will provide citizens whose firearm rights are currently under legal disability with an avenue to restore those rights, while keeping firearms out of the hands of dangerous criminals and illegal aliens. Ultimate discretion to grant relief will remain with the Attorney General, and she will exercise that discretion on a case-by-case basis in light of all available facts and evidence that bear on an individual’s application. But absent extraordinary circumstances, violent felons, registered sex offenders, and illegal aliens, in particular, will remain presumptively ineligible for relief.

 

"General Bondi’s support of the rebooted 925(c) program is consistent with President Donald J. Trump’s promise to the American people to support the beautiful Second Amendment," said U.S. Pardon Attorney Edward R. Martin Jr. "My team and I are developing a 925(c) program landing page with a sophisticated, user-friendly platform for Americans petitioning for the return of their gun rights, which will make the process easier for them."

The Justice Department welcomes comments from communities that could be affected by a final rule including law enforcement, victims’ advocates, elected officials, and individuals who would like to apply to have their gun rights restored. Because this proposed rule is intended to create a fair and thoughtful system to evaluate applications for the restoration of firearms right, the Justice Department recommends that individuals seeking the restoration of their firearm rights review and comment on the proposed process rather than submit applications at this time.  

 

View the proposed rule as it was submitted to the Office of the Federal Register HERE

. An official copy will be published next week. 

[Euler]

It creates an administrative remedy that will probably moot several challenges to the Gun Control Act.

More interesting would be people who got convicted of firearm possession after they had their 2A rights suspended, but shouldn't have. Will those convictions get expunged? Those are probably going to have to be other court cases.

[TomKoz]

Ok good.  Now criminally go after Govenors and State Assemblies for Deprivation of Rights for infringing on everyone’s within the State !

[Bubbacs]

Yay they are restoring the rights of those rightly or wrongly accused of a crime and give them full 2A rights again.  Of course if you live is Illinois you MIGHT get 2A rights but then the state will take them away under a state law impeding the 2A rights of all residents.  You can have the gun rights under 2A BUT you can't have this gun that gun these bullets etc.  Ahh the pleasures of being a gun owner in Illinois with 2A rights!  Now don't leave home without it!

[mab22]

Now lets see them make things happen in Illinoisistan!

Go after FOID & PICA, just to get started. 
 

[mauserme]

I split a few posts off to an Illinois Politics topic titled We Need to Do Our Part (formerly part of U.S. Attorney General Announces Proposed Rules for Federal Restoration of 2A Rights!!!).  This topic is in National Politics.

 

 

 

 

 

 

[Euler]

On July 22, the DOJ published the proposed rule for "Relief from Disabilities." Most of it is about who would NOT qualify for relief.

Federal Register said:→

(a) ... Applications will therefore be denied, absent extraordinary circumstances, if the applicant:

(1) Has been convicted under state or federal law of any offense punishable by a term exceeding one year ... that involves the following conduct, excluding jurisdictional requirements:

(i) The death of another of person; sexual abuse or sexual assault ...; human trafficking; kidnapping ...;

(ii) Intimate partner and domestic violence; animal abuse; burglary; robbery; extortion; carjacking; arson; racketeering (if at least one of the predicate racketeering acts is violent) or gang-related offenses;

(iii) Assault or battery;

(iv) Threats of violence;

(v) Stalking;

(vi) Escape or rescue of a fugitive;

(vii) Terrorism; or

(viii) Witness tampering;

(2) Has been convicted under state or federal law of any felony offense involving conduct prohibited under 18 U.S.C. 922(g), (i), (j), (k), (l), (n), (o), (q), or (u), or 18 U.S.C. 932 and 933, except an individual convicted of violating 18 U.S.C. 922(g)(1) based on an underlying conviction that itself would not be subject to a presumptive denial under this part;

(3) Has been convicted under state or federal law of any felony offense involving the manufacture, possession, transfer, or use of explosives;

(4) Has been convicted under state or federal law of any other felony offense where the defendant committed or threatened acts of violence, or used, brandished, or discharged a firearm or explosive in the course of committing that offense;

(5) Has been convicted under state or federal law of attempting, soliciting, or conspiring to commit, or aiding or abetting the commission of, any of the offenses listed in paragraphs (a)(1) through (a)(4) of this section;

(6) Is currently required to register under the Sex Offender Registration and Notification Act (SORNA) ... or comparable sex offender registration statute, based on an offense that disqualified that person from possessing a firearm under the Gun Control Act;

(7) Has, within the last 10 years, been convicted of or served any part of a sentence (including probation, parole, supervised release, or other supervision) for an offense under state or federal law, punishable by imprisonment for a term exceeding one year ..., that prohibits the manufacture, import, export, distribution, or dispensing of a controlled substance or the possession of a controlled substance with intent to manufacture, import, export, distribute, or dispense; or has, within the last 10 years, been convicted of or served any part of a sentence (including probation, parole, supervised release, or other supervision) for attempting, soliciting, or conspiring to commit, or aiding or abetting the commission of, an offense listed in this paragraph (a)(7);

(8)

(i) Has within the last 10 years been convicted of or served any part of a sentence (including probation, parole, supervised release, or other supervision) for a misdemeanor crime of domestic violence ...; or

(ii) At any time within the 10 years following a conviction for a misdemeanor crime of domestic violence ... has been:

(A) Subject to any of the disabilities set forth in 18 U.S.C. 922(g) or

(B) Arrested for an offense punishable by imprisonment for a term exceeding one year, a misdemeanor crime of domestic violence, or any offense where the defendant was alleged to have committed or threatened to commit acts of violence or used, brandished, or discharged a firearm or explosive in the course of committing that offense, or attempts thereof, barring evidence from the applicant of a judicial determination that no misconduct occurred;

(9) Has, within the last 5 years, been convicted of or served any part of a sentence (including probation, parole, supervised release, or other supervision) for any other offense under state or federal law punishable by imprisonment for a term exceeding one year ...;

(10) Is currently serving a sentence of imprisonment;

(11) Is currently on any form of supervision as part of a criminal sentence (such as probation, parole, or other supervision);

(12) Is currently subject to any of the disabilities set forth in 18 U.S.C. 922(g)(2), (g)(3), (g)(5), or (g)(8); or

(13) Has, at any time, had an application for relief under this section denied based on a disqualification under paragraphs (a)(1) through (a)(5) of this section or has, within the previous 5 years, had an application for relief under this section denied for any other reason.

For reference, the various 18 USC citations are:

18 USC 922(g) person prohibited from shipping, transporting, possessing, and receiving firearms and ammunition

18 USC 922(g)(1) convicted of crimes punishable by imprisonment for a year or more

18 USC 922(g)(2) fugitive from justice

18 USC 922(g)(3) unlawful user or addicted to a controlled substance

18 USC 922(g)(5) illegal/unlawful or nonimmigrant alien

18 USC 922(g)(8) subject of a restraining order

18 USC 922(i) stolen firearms or ammunition

18 USC 922(j) more stolen firearms or ammunition

18 USC 922(k) obliterated serial numbers

18 USC 922(l) illegally import firearms or ammunition

18 USC 922(n) under indictment for crimes punishable by imprisonment for a year or more

18 USC 922(o) machine guns

18 USC 922(q) gun-free school zones

18 USC 922(u) theft from firearm or ammunition manufacturer or dealer

18 USC 932 straw purchase

18 USC 933 trafficking firearms or ammunition without a license

So my previous question:

On July 18, 2025 at 11:51 PM CDT, Euler said:→

...
More interesting would be people who got convicted of firearm possession after they had their 2A rights suspended, but shouldn't have. ...

is answered by (a)(2) above. If the underlying felony is eligible for relief, then possession after the conviction for it is also eligible for relief.

[SiliconSorcerer]

 

A1 - Has been convicted under state or federal law of any offense punishable by a term exceeding one year 

A felony is defined as a crime punishable by imprisonment for more than one year. 

Sounds like if you have a felony conviction even if you got probation, nothing has changed.

I thought that was the point. 

The 16 year old that has sex with his girl friend can never own a firearm. 

I'm hard pressed to see any relief. 

 

[Quiet Observer]

On 7/23/2025 at 7:21 AM, SiliconSorcerer said:

 

A1 - Has been convicted under state or federal law of any offense punishable by a term exceeding one year 

A felony is defined as a crime punishable by imprisonment for more than one year. 

Sounds like if you have a felony conviction even if you got probation, nothing has changed.

I thought that was the point. 

The 16 year old that has sex with his girl friend can never own a firearm. 

I'm hard pressed to see any relief. 

 

How often are 16-year-olds arrested and convicted for this? I think the 16 year old would be charged with a misdemeanor under (c) below. 

On the other point, if you are found guilty of any felony and later placed on parole, the felony conviction still stands.

 

 (720 ILCS 5/11-1.50) (was 720 ILCS 5/12-15)
    Sec. 11-1.50. Criminal sexual abuse.
    (a) A person commits criminal sexual abuse if that person:
        (1) commits an act of sexual conduct by the use of force or threat of force; or
        (2) commits an act of sexual conduct and knows that the victim is unable to understand the nature of the act or is unable to give knowing consent.
    (b) A person commits criminal sexual abuse if that person is under 17 years of age and commits an act of sexual penetration or sexual conduct with a victim who is at least 9 years of age but under 17 years of age.
    (c) A person commits criminal sexual abuse if that person commits an act of sexual penetration or sexual conduct with a victim who is at least 13 years of age but under 17 years of age and the person is less than 5 years older than the victim.
    (d) Sentence. Criminal sexual abuse for a violation of subsection (b) or (c) of this Section is a Class A misdemeanor. Criminal sexual abuse for a violation of paragraph (1) or (2) of subsection (a) of this Section is a Class 4 felony. A second or subsequent conviction for a violation of subsection (a) of this Section is a Class 2 felony. For purposes of this Section it is a second or subsequent conviction if the accused has at any time been convicted under this Section or under any similar statute of this State or any other state for any offense involving sexual abuse or sexual assault that is substantially equivalent to or more serious than the sexual abuse prohibited under this Section.
(Source: P.A. 96-1551, eff. 7-1-11.) 

720 ILCS 5/11-1.50

[SiliconSorcerer]

On 7/23/2025 at 10:16 AM, Quiet Observer said:

How often are 16-year-olds arrested and convicted for this? I think the 16 year old would be charged with a misdemeanor under (c) below. 

On the other point, if you are found guilty of any felony and later placed on parole, the felony conviction still stands.

Actually a LOT and not a misdemeanor, parents filing charges and pushing, regardless you are on the registry for life. 

Think  that school teacher in Downers Grove will be able to get a firearm after she gets out, why not? She did her time, she wasn't violent. 

Frankly I think the whole sex registry is bs, if your dangerous keep them in jail, if not leave them live their life. 

Punishable, not punished, you can get a felony and not serve a day but you would be prohibited, that's not relief. 

 

[Quiet Observer]

On 7/23/2025 at 12:26 PM, SiliconSorcerer said:

Actually a LOT and not a misdemeanor, parents filing charges and pushing, regardless you are on the registry for life. 

Think  that school teacher in Downers Grove will be able to get a firearm after she gets out, why not? She did her time, she wasn't violent. 

Frankly I think the whole sex registry is bs, if your dangerous keep them in jail, if not leave them live their life. 

Punishable, not punished, you can get a felony and not serve a day but you would be prohibited, that's not relief. 

 

You said, "The 16 year old that has sex with his girl friend can never own a firearm". 

 

The school teacher was certainly well over 16. The boy was 15 and she about 28. There were multiple counts against her. This is more than a couple teenagers in the backseat of an SUV.

High School Teacher/Coach Indicted on 52 Additional Charges of Aggravated Criminal Sexual Abuse/Criminal Sexual Assault | DuPage Co, IL 

 

She held a position of trust and authority over the boy. 

(720 ILCS 5/11-1.20) (was 720 ILCS 5/12-13)
    Sec. 11-1.20. Criminal sexual assault.
    (a) A person commits criminal sexual assault if that person commits an act of sexual penetration and:
        (1) uses force or threat of force;
        (2) knows that the victim is unable to understand the nature of the act or is unable to give knowing consent;
        (3) is a family member of the victim, and the victim is under 18 years of age; or
        (4) is 17 years of age or over and holds a position of trust, authority, or supervision in relation to the victim, and the victim is at least 13 years of age but under 18 years of age. 

720 ILCS 5/11-1.20 

 

School teachers, doctors, nurses, and many more professionals are mandated by to report incidents of sexual abuse. That has been the law for several years. Although the 5th Amendment might have protected her from self-incrimination, she still had the training to know what she was doing was unethical and illegal. 

 

Edited July 23, 2025 at 08:13 PM by Quiet Observer

[davel501]

To save others from having to look it up, 

 

Imprisonment: A Class A misdemeanor carries a maximum sentence of 364 days in county jail. The court may also impose periodic imprisonment or home detention, which allows for work-release programs under certain conditions. 

[Euler]

On July 23, 2025 at 07:21 AM CDT, SiliconSorcerer said:→

A1 - Has been convicted under state or federal law of any offense punishable by a term exceeding one year
A felony is defined as a crime punishable by imprisonment for more than one year.
Sounds like if you have a felony conviction even if you got probation, nothing has changed.
I thought that was the point.
...

In Bondi v Range, Bryan Range was convicted of a misdemeanor for which he could have been sentenced to 5 years in jail (not prison). His actual sentence was a fine. He never served a day of any kind of incarceration, but he still had his 2A rights suspended under the GCA. That's how the GCA works.

Meanwhile, some people are not eligible to get their 2A rights back under this new program. Such people under (a)(1) above must also meet the conditions listed in sub-items (i)-(viii). Other people under (a)(1) could be eligible.

[SiliconSorcerer]

Il defer (and accept) people that understand this better but I'm just missing the big win here.  

Difficult problems make bad laws. 

[Quiet Observer]

On 7/24/2025 at 6:57 AM, SiliconSorcerer said:

Il defer (and accept) people that understand this better but I'm just missing the big win here.  

Difficult problems make bad laws. 

Right, welcome to the often confused. Things are rarely as simple as we would like. Laws and regulations are written to cover as many "what abouts?", as possible but there are always more. Trying to follow to another section or paragraph can get confusing. If another law is referenced, then you have to make sense of all of its sections and paragraphs. A law gets a title, but the actions covered vary greatly in severity. A single action can result is numerous charges, assault, attempted assault, attempted murder, illegal use of a firearm, then there are aggravations, etc. 

 

Not to beat a dead horse, but in general I would not be too concerned if the teacher we talked about was allowed to carry a few years after she got out of prison. Someone with multiple convictions for violent offenses is a different story. 

[Molly B.]

On 7/24/2025 at 6:57 AM, SiliconSorcerer said:

Il defer (and accept) people that understand this better but I'm just missing the big win here.  

Difficult problems make bad laws. 

Before these new rules, anyone with a federal conviction had no way to petition for restoration of rights.  Some who had rights restored at the IL Supreme Court level were still prohibited from purchasing from an FFL because the restoration did not apply federally - or so they said.

 

The big win is those who were prohibited for life may now petition for restoration of rights.  

[Euler]

I believe the vast majority of people who are eligible for relief are those who have been convicted in state courts, so it's not just federal convictions.

Of course, the relief is still federal relief. There might still be state restrictions.