DOJ Revives Gun Rights Restoration Program, Restores Federal Protections for 22
The Department of Justice (DOJ) recently announced the restoration of federal gun rights for 22 individuals, marking the revival of a program dormant for over three decades. This initiative is designed to allow individuals with certain felony convictions or indictments to regain their Second Amendment protections.
Most of the individuals whose rights were restored had decades-old felony convictions for nonviolent offenses, such as passing counterfeit money or receiving stolen vehicles. The DOJ stated that nearly all these crimes occurred over 20 years ago, and no recipients have faced additional criminal charges since their convictions.
Most of the individuals whose rights were restored had decades-old felony convictions for nonviolent offenses, and no recipients have faced additional criminal charges since their convictions.
Notable Inclusion: State Senator Jake Hoffman
One notable inclusion on the list is Republican Arizona State Senator Jake Hoffman. Hoffman was indicted in April 2024 for his alleged role as a fake elector in 2020 and was among those pardoned by President Trump in November. Unlike the other individuals, Hoffman's charges are recent, and he has not been convicted; he still faces state felony charges related to the fake elector case. The DOJ indicated that restoring his gun rights was deemed "not contrary to public interest."
Unlike the other individuals, Hoffman's charges are recent, and he has not been convicted; he still faces state felony charges related to the fake elector case.
Program Revival and Legal Context
The gun rights restoration program restarted in April of the previous year, with 10 individuals having their rights restored, including actor Mel Gibson for a misdemeanor battery conviction. The DOJ's efforts follow the 2022 U.S. Supreme Court case, New York State Rifle & Pistol Association v. Bruen, which has led to challenges against various gun laws, including those prohibiting felons from owning firearms.
Concerns and Congressional Scrutiny
Gun control advocacy groups, such as Brady United, have expressed concerns regarding the opacity of the program's decision-making process and the inclusion of Hoffman, suggesting potential loopholes. Kris Brown, president of Brady United, questioned the criteria used for evaluation.
Congress previously halted a similar gun rights restoration program in 1992, after a report from the Violence Policy Center indicated that some individuals who regained gun rights were later convicted of violent felonies. Lawmakers subsequently blocked the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) from using federal funds for individual application reviews.
DOJ's Legal Strategy and Criticisms
The current DOJ, under Attorney General Pam Bondi, took over the program, arguing that the underlying authority to grant relief rests with the Attorney General, thereby bypassing the congressional prohibition on the ATF. Six Democratic lawmakers have criticized this action, accusing the DOJ of violating federal law and undermining public safety measures. They have not taken further legal action.
Six Democratic lawmakers have criticized this action, accusing the DOJ of violating federal law and undermining public safety measures.
Law professor Dru Stevenson characterized the DOJ's approach as a "lawyerly, splitting-hairs workaround." He suggested that agency review, involving thorough background checks and record collection, could be more effective than judicial processes for assessing an individual's potential danger to the community.
Selection Process and Applicant Profiles
A DOJ official stated that department staff and Attorney General Bondi reviewed records and background checks to confirm recipients were "law-abiding citizens." The official noted that the agency is reviewing two main categories of people: those who applied for presidential pardons and requested gun rights restoration (approximately 15 individuals), and those involved in civil litigation challenging federal gun prohibitions (approximately 6 individuals). Hoffman was the only individual on the list who did not fall into either of these categories.
One recipient, Nick Sabatine, a 74-year-old lawyer from Pennsylvania, confirmed his rights were restored after a conviction for filing a false tax form 12 years prior. He stated he contacted the DOJ after following litigation concerning the constitutionality of federal gun bans for certain offenders.