The Attorney General has proposed regulations for procedures for persons to apply for removal of federal firearm disabilities. Most disabilities are found in 18 U.S.C. § 922(g). Under § 925(c), a person prohibited from firearm possession may petition for relief from federal disabilities by applying to the Attorney General, who "may grant such relief if it is established to his satisfaction that the circumstances regarding the disability, and the applicant's record and reputation, are such that the applicant will not be likely to act in a manner dangerous to public safety and that the granting of the relief would not be contrary to the public interest."
In my view, overall the proposed regulations are fair and reasonably implement the above statutory provision. However, there are two items that should be eliminated or modified. Both provide that applications will be denied, absent extraordinary circumstances, if the applicant has been convicted of two types of offenses. Those convictions should be considered on a case-by-case basis instead of being subject to presumptive denial.
Common-law assault convictions
