AG Publishes Interim Final Rule Reclaiming Authority to Restore Federal Firearms Rights

Under federal law, 18 U.S.C. § 925(c), a person who has lost their firearms rights under federal law, can apply to the Attorney General for the restoration of their firearms rights. The Attorney General can grant that relief he/she is satisfied 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.”

For a quick and simple history: the statute originally conveyed this authority to the Secretary of the Treasury, who delegated it to the Commissioner of the IRS in 1968, prior to ATF’s formation. The Secretary of the Treasury transferred the authority to the newly formed ATF in 1975. The statute was amended in 2002, making it the Attorney General’s authority, rather than the Secretary’s, but in 2003, the AG also delegated the authority to the ATF. In the meantime, Congress had forbidden ATF from using any appropriated funds for purposes of conducting investigations or making determinations on restoration applications beginning in 1992, and it has renewed the appropriations prohibition every year since.

Now, AG Bondi has published an Interim Final Rule, effective March 20, 2025 withdrawing that delegation of authority from ATF. As a result, the appropriations rider binding ATF will not apply and the Attorney General will be able to make individualized determinations as to whether to restore federal firearms rights to those persons she believes meet the criteria specified in the statute above. What this process will look like in practice, is still uncertain at this point, but it’s reasonable to expect we may get some clarity in the near future.

In Pennsylvania, where most people have no choice but to seek a Governor’s pardon, it’s a promising new option to keep a close eye on.

If you or someone you know are prohibited from purchasing or possessing firearms, contact FICG today to discuss your options.

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