First Nonviolent Offenders Get Their Gun Rights Back Under New DOJ Program
First Nonviolent Offenders Get Their Gun Rights Back Under New DOJ Program
The new U.S. Department of Justice Program, which aims to give nonviolent offenders an opportunity to have their Second Amendment rights restored after an extensive review process, is already yielding success.
As TTAG readers are aware, 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. Attorney General Todd Blanche announced on August 17 a finalized federal regulation allowing eligible individuals prohibited from possessing firearms to apply to restore their federal firearm rights. According to Blanche, the final rule would protect Second Amendment rights while keeping firearms out of the hands of dangerous individuals.
“The Second Amendment is not a second-class right, and the federal government should not permanently deprive Americans of a constitutional right without regard to whether they pose a danger to public safety,” AG Blanche said at the time in a news release announcing the rule. “This rule establishes a rigorous, commonsense process that protects the public while giving deserving Americans a real path to restoration.”
According to an item published in the Federal Register on August 27, AG Blanche has granted relief from disabilities imposed by federal laws with respect to certain individuals regarding the acquisition, receipt, transfer, shipment, transportation, or possession of firearms or ammunition.
“The Attorney General is responsible for enforcing the provisions of the Gun Control Act of 1968 (GCA), 18 U.S.C. Chapter 44. Section 922(g) of title 18 of the United States Code prohibits certain persons from shipping or transporting ‘in interstate or foreign commerce, or possess[ing] in or affecting commerce, any firearm or ammunition; or [from] receiving any firearm or ammunition which has been shipped or transported in interstate or foreign commerce,’” the entry stated. “Section 925(c) of title 18 provides that a person who is prohibited under section 922(g) may make application to the Attorney General to remove the firearms disabilities if it is established to [the Attorney General’s] satisfaction that the circumstances regarding the disability, and the applicant’s record and reputation, are such that the applicant will not be likely to act in a manner dangerous to public safety and that the granting of the relief would not be contrary to the public interest. Section 925(c) also provides that whenever the Attorney General grants relief to any person pursuant to this section, he ‘shall promptly publish in the Federal Register notice of such action, together with the reasons therefor.’”
Those whose right to keep and bear arms was restored include Patrick Atkinson, Thomas Leon Brooks, Truman James Cox, Dennis L. Haynes, Joshua Ryan Huffman, Dennis William Richardson, Nicholas Robert Sylvester and Jeffrey Alan Wines. No home cities or states were listed in the entry.
Also, according to the Federal Register entry, all those who regained their rights were vetted extensively before their rights were restored.
“Attorney General Todd Blanche has reviewed all the relevant facts for each individual listed below, including the materials that each individual submitted seeking either a pardon or relief from Federal firearms disabilities,” the entry stated, “and it is established to his satisfaction that each individual will not be likely to act in a manner dangerous to public safety and that the granting of the relief to each individual would not be contrary to the public interest.”
The entry also provided notice that another individual—Trent McCotter—had been granted relief from Federal firearms disabilities on August 5 by then-Acting Attorney General Blanche.
Ultimately, it’s heartening that the DOJ has moved so quickly on this project, already helping those whose rights had been unjustly infringed. It’s unfortunate that the Bureau of Alcohol, Tobacco, Firearms and Explosives hasn’t moved equally quickly in providing guidance to firearm owners and gun sellers on the status of selling NFA items without the court-stricken registration requirement.