The United States Department of Justice has introduced a proposed rule that could restore firearm rights to individuals with nonviolent or nonsexual criminal convictions. This development follows the Supreme Court’s decision in New York State Rifle and Pistol Association versus Bruen, which expanded the modern interpretation of the Second Amendment. This proposal is a significant opportunity for individuals who have moved on from their past convictions and have lived law-abiding lives.
What Is the Proposed Rule?
The proposed rule would allow the Department of Justice, rather than the Bureau of Alcohol, Tobacco, Firearms and Explosives, to process petitions for the restoration of Second Amendment rights. It applies to individuals who have nonviolent or nonsexual convictions, have completed their sentence, and have not served any part of a sentence within the last ten years. The rule is currently open for public comment until October of the year two thousand twenty five.
Why This Rule Matters
For many years, those with prior convictions have faced overwhelming obstacles when trying to restore their right to own a firearm. In most cases, there has been no clear or realistic federal pathway available. This proposed rule could finally change that. The Supreme Court’s decision in the Bruen case emphasized that the government must justify firearm restrictions with historical tradition, not just policy preferences. This shift has forced agencies like the Department of Justice to reevaluate how rights are restored. Individuals who have demonstrated rehabilitation and lived responsibly should be given the chance to reclaim their constitutional rights.
Impacts for Residents of Pennsylvania
In Pennsylvania, individuals with certain convictions may already qualify for relief under state law. However, that relief does not automatically restore federal firearm rights. The new rule may provide a way forward at the federal level for individuals who have long since completed their sentence and remained crime-free. As a criminal defense attorney and former prosecutor based in Pittsburgh, I understand how convictions—especially nonviolent ones—can continue to negatively affect someone’s future even long after the sentence is complete. This proposed rule gives many people a reason to hope that their rights can be restored.
What You Should Do Now
If you or someone you care about lost the right to possess a firearm due to a nonviolent conviction, now is the time to review your case. Preparation is key. You should begin gathering records, verifying your sentence status, and reviewing eligibility requirements with an experienced attorney. Although the rule is not yet final, individuals who may benefit from it should start planning now.
Contact PKN Law
At PKN Law, we help people navigate complex legal systems to protect and restore their rights. If you believe you may qualify under this proposed rule, or if you want to understand how this change may impact your record, we are ready to help. Call our office today at (412) 454-5582 or visit patricknightingale.com to schedule a confidential consultation. The Department of Justice’s proposed rule to restore gun rights for nonviolent offenders represents a step toward recognizing rehabilitation and proportional justice. This rule has the potential to positively change lives and restore constitutional rights that have long been out of reach for many. Stay informed. Know your rights. Let us help you take the next step forward.