Justice Department Issues Framework for Firearm Rights Restoration

The U.S. Department of Justice has issued its proposed criteria and procedural framework for the restoration of firearm rights to those with federal prohibitions, most of which falls under the federal “felon-in-possession” prohibition of 18 U.S.C. 922(g)(1).  The Proposed Rule is designed to disqualify violent offenders, while insuring a sufficient amount of time has passed for non-violent offenders to demonstrate that they will not reoffend. The application will be available on-line and via mail to make It easier to apply.

The Law Firm of David G. Sigale, with the support of the Illinois State Rifle Association, has been involved in this issue for years, prosecuting the case of Atkinson v. Bondi, in which the Seventh Circuit acknowledged that the permanent firearm prohibition for non-violent felons may be unconstitutional under the Second Amendment. SeeAtkinson v. Garland, 70 F.4th 1018 (7th Cir. 2023). That case is currently being litigated back in the U.S. District Court. 

The Firm applauds the commitment to respecting the rights of those who show – notwithstanding past missteps – that they are not a danger to anyone, while at the same time keeping firearms away from violent persons. Expect the application to be available in the coming months. More information from DOJ is in the links below.

Justice Department Publishes Proposed Rule to Grant Relief to Certain Individuals Precluded from Possessing Firearms

Application for Relief from Disabilities Imposed by Federal Laws with Respect to the Acquisition, Receipt, Transfer, Shipment, Transportation, or Possession of Firearms

The Law Firm of David G. Sigale, P.C. was founded to serve the legal needs of the Chicago metropolitan area. Mr. Sigale has counseled and represented corporate and individual clients across the United States and internationally. He believes in protecting Americans from improper attempts by the government to infringe upon their constitutional rights. His firm services clients in Cook, DuPage, Kane, Kendall and Will Counties, and as well as reviews matters in other locations on a case-by-case basis. Contact the firm for a consultation.

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