06.20.25

Lawmakers Call on DOJ to Withdraw Unlawful Rule Enabling DOJ to Help Violent Criminals Regain Firearms—in Defiance of Decades-Old Appropriations Law

Washington, D.C. — Congresswoman Rosa DeLauro (D-CT-03), Ranking Member of the House Appropriations Committee; Senator Patty Murray (D-WA), Vice Chair of the Senate Appropriations Committee; Congressman Jamie Raskin (D-MD-08), Ranking Member of the House Judiciary Committee; Senator Dick Durbin (D-IL), Ranking Member of the Senate Judiciary Committee; Congresswoman Grace Meng (D-NY-06), Ranking Member of the House Appropriations Subcommittee on Commerce, Justice, and Science; and Senator Chris Van Hollen (D-MD), Ranking Member of the Senate Appropriations Subcommittee on Commerce, Justice, and Science wrote to Attorney General Pam Bondi to denounce the Department of Justice’s (DOJ) interim final rule that illegally enables DOJ to restore firearms to convicted felons—and to call for the interim final rule to be withdrawn.

 

In their comment on the interim final rule, the lawmakers explain that the rule illegally transfers authority over restoration of federal firearm privileges (ROP) applications from the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) to DOJ and uses federal funding for the processing of such applications, which Congress specifically prohibited.

 

“We write to you today to express our deep concern with the interim final rule published on March 20, 2025, and the notice published April 29, 2025. The IFR is unlawful and counter to the expressed intent of the United States Senate and House of Representatives,” write the lawmakers. “You have violated the provisions of the Consolidated Appropriations Act by withdrawing the Bureau of Alcohol, Tobacco, Firearms, and Explosives’ (ATF) authority to oversee restoration of federal firearm privileges (ROP) applications and by inappropriately utilizing funds to act upon the ROP application and approval process.”

 

As the lawmakers detail in their comment, two decades-old provisions in enacted appropriations laws prohibit ATF funding from being used to process firearm restoration applications and from transferring ATF’s authority to other agencies—just as the interim final rule does. The first provision has been carried in every annual appropriations law since fiscal year 1993; the second has been carried in every annual appropriations law since fiscal year 1994 (with the single exception of fiscal year 2003 when Congress explicitly allowed transfer authority).

 

“Specifically,” the lawmakers state, “the rule and your related actions appear to have:

  • Violated the separation of powers by countermanding the intention of Congress;
  • Violated the ban on the use of federal funds to investigate ROP applicants;
  • Violated the ban on the transfer of ATF’s functions by investigating and granting relief for ROP applications; and
  • Improperly granted ROP relief without proper legal authority.

 

Given concerns about rising gun violence, recidivism, and the best allocation of limited public safety resources, the lawmakers explain that: “Congress made an explicit policy choice to prioritize investigating crime, rather than to waste funds on evaluating whether to restore firearm rights to previously convicted individuals.”

 

Since the enactment of the prohibition on processing restoration applications, no applications have been investigated or granted—until this year, when DOJ unlawfully restored legal access to firearms to a number of convicted felons, including a close personal friend of the president who has been convicted of domestic violence.

 

“For the foregoing reasons,” conclude the lawmakers, “DOJ must withdraw the interim final rule improperly withdrawing ATF’s authority over ROP applications and vacate the wrongfully granted restoration of federal firearms privileges to the 10 individuals. Congress deliberately enacted the Transfer Prohibition and Investigation Moratorium more than 30 years ago and has repeatedly incorporated it into subsequent legislation.  Your actions appear to have violated the law, flouted the express intent of Congress, and undermined a prudent public safety measure. The consideration of ROP applications must cease immediately, and authority over ROP applications must be returned to the ATF in order to abide by the laws enacted by Congress.”

 

The full comment letter is available HERE.

 

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