Pam Bondi Aims To Revive a Moribund Legal Process for Restoring Gun Rights
Although President Donald Trump has been entrusted with control of the nation’s vast military might, including its nuclear weapons, he is not allowed to own a gun. He lost that right as a result of 34 state felony convictions involving falsification of business records. Whatever you think of the legally dubious case underlying those convictions, this situation makes no sense as a matter of public safety. It epitomizes the absurdly broad criteria that bar Americans from possessing firearms under federal law.
Attorney General Pam Bondi recently took an important step toward addressing the unjust, constitutionally dubious burdens imposed by that policy. An interim final rule that took effect last week aims to revive the moribund legal process for restoring the Second Amendment rights of “prohibited persons” who pose no threat to public safety. The rule rescinds the delegation of that process to the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), which Congress has long prohibited from accepting applications for relief.
“For decades, law-abiding Americans who have had their gun rights unfairly restricted have been left in legal limbo—creating an unconstitutional de facto lifetime gun ban,” says Erich Pratt, senior vice president of Gun Owners of America. “This bureaucratic failure has denied thousands of individuals their lawful opportunity to restore their rights. The [Justice Department’s] decision to finally withdraw ATF’s authority in this matter is an encouraging sign that this administration is serious about protecting the Second Amendment for all Americans.”Â
Under 18 USC 922(g), prohibited persons include anyone who has been convicted of a crime punishable by more than a year of incarceration, regardless of the sentence that was actually imposed, whether or not the offense involved violence, and no matter how long ago it happened. This is the provision that forced Trump to give up his guns, even though his offenses were nonviolent and did not result in any formal punishment. The law also prohibits gun possession by anyone who has ever been subjected to involuntary psychiatric treatment, even if he was never deemed a threat to others.
Anyone who defies these bans is committing a federal felony punishable by up to 15 years in prison. He could face additional penalties for lying on the federal form that must be completed to buy a gun from a federally licensed dealer, which can be construed as two distinct felonies under 18 USC 922(a)(6) and 18 USC 924 (a)(1)(A), and for “trafficking in firearms,” which Congress has counterintuitively defined to include prohibited persons who obtain guns. All told, a prohibited person who dares to exercise his Second Amendment rights could face combined maximum sentences of nearly half a century.
Under 18 USC 925(c), someone who loses his gun rights can ask the attorney general to restore them. The attorney general has the discretion to do that based on a determination that “the circumstances regarding the disability, and the applicant’s record and reputation, a
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