FOR IMMEDIATE RELEASE
July 22, 2025
CGF Statement on DOJ’s Proposed Rule for Firearms Rights Restoration Under 18 U.S.C. § 925(c)
SACRAMENTO – Today, the California Gun Rights Foundation (CGF) responded to the U.S. Department of Justice’s newly released proposed rule that seeks to implement long-dormant provisions of federal law under 18 U.S.C. § 925(c), which allows individuals prohibited from possessing firearms to apply for relief from that disability.
This is the first meaningful attempt in over 30 years to operationalize a relief process Congress authorized but left unfunded at the ATF level. In March 2025, DOJ withdrew the ATF’s delegated authority over § 925(c), and this new rule now proposes that the Attorney General’s office itself will directly administer applications.
“We have long argued that peaceable individuals deserve a path to restore their rights under the Constitution,” said CGF Executive Director Michael Schwartz. “This proposed rule finally recognizes that principle and removes the ATF, a historically antagonistic agency, from the equation. That’s a major step forward.”
However, CGF is sounding the alarm on serious concerns embedded in the rule’s structure.
While DOJ deserves credit for reactivating a much-needed process, the proposed framework grants nearly unchecked authority to the Attorney General to determine who qualifies for rights restoration and who does not. The rule establishes complex eligibility tiers, subjective standards, and no meaningful internal appeals process. It gives the AG sweeping discretion to deny or revoke relief, even when an applicant has met all procedural and factual requirements.
“The problem isn’t just who holds the pen today,” said Schwartz. “It’s what happens when the next Attorney General comes in with a different agenda. This rule doesn’t build a durable, objective framework, it centralizes power in a single political office.”
CGF is particularly concerned that:
- The rule does not establish neutral review by a court or independent panel;
- There are no statutory checks or default approval timelines;
- Relief can be revoked arbitrarily if the AG deems the applicant “should not have received it.”
These features risk turning a constitutional right into a discretionary privilege, granted or denied at the whim of an administration.
“A process that lives or dies based on who sits in the Attorney General’s chair isn’t a rights restoration system, it’s a loyalty test,” added Schwartz. “The next administration could weaponize this framework without changing a single comma.”
CGF will be submitting formal comments on the proposed rule and encourages all supporters of the Second Amendment to do the same. We will continue fighting for a rights restoration process that is fair, transparent, and grounded in constitutional principles, not bureaucratic discretion.
California Gun Rights Foundation (CGF) is a 501(c)(3) nonprofit organization that works to protect and restore the rights of Californians through strategic litigation, education, and outreach. CGF is dedicated to ensuring that all peaceable people can access the full protections of the Constitution, especially the Second Amendment.
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media@calgunrights.org
