Second Amendment Roundup: Attorney General to resume removal of disabilities
The Gun Control Act (GCA) prohibits persons with certain legal disabilities from possession of firearms. It also provides a procedure to petition to remove those disabilities on a finding that the person will not be likely to act in a manner dangerous to public safety. Since 1992, appropriations riders have been enacted to prohibit the Bureau of Alcohol, Tobacco, Firearms and Explosives from considering such petitions. Attorney General Pam Bondi has announced an interim final rule that will allow her office to process the petitions directly.
Persons with felony convictions and other legal disabilities are prohibited from having guns by 18 U.S.C. § 922(g). However, § 925(c) provides that such persons may apply to the Attorney General for relief from such disabilities if the circumstances and the person’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.” A denial may be reviewed by a federal court.
Annual appropriations riders since 1992 have prohibited ATF from using funds to consider petitions to remove disabilities. The Attorney General had previously delegated authority to ATF to exercise its powers under 18 U.S.C. chapter “44 (related to firearms),” which is the GCA. 28 C.F.R. § 0.130(a)(1). The interim final rule changes that to refer to chapter “44 (related to firearms), except for 18 U.S.C. 925(c).” The Attorney General thus resumes administration of the disability removal function.
The rule also removes 27 C.F.R. § 478.144, which was the long moribund ATF regulation about processing disability removal petitions. That regulation reflected its origin in 1968 by requiring that applications be submitted “in triplicate.”
The regulation had one provision that the Attorney General should not replicate in how her office administers the program: “Relief will not be granted to an applicant who is prohibited from possessing all types of firearms by the law of the State where such applicant resides.” That is improper because § 925(c) is designed to remove the federal disability and shield one
Article from Reason.com
The Reason Magazine website is a go-to destination for libertarians seeking cogent analysis, investigative reporting, and thought-provoking commentary. Championing the principles of individual freedom, limited government, and free markets, the site offers a diverse range of articles, videos, and podcasts that challenge conventional wisdom and advocate for libertarian solutions. Whether you’re interested in politics, culture, or technology, Reason provides a unique lens that prioritizes liberty and rational discourse. It’s an essential resource for those who value critical thinking and nuanced debate in the pursuit of a freer society.
