SUPPLEMENTARY INFORMATION:

I. Background

Federal law prohibits several categories of persons from “possess[ing] in or affecting commerce, any firearm or ammunition.” 18 U.S.C. 922(g). It also provides that any “person who is prohibited from possessing, shipping, transporting, or receiving firearms or ammunition may make application to the Attorney General for relief from th[at] disabilit[y]” and that “the Attorney General 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.” 18 U.S.C. 925(c). In February 2025, the President issued Executive Order 14206, reaffirming the nation's commitment to “[t]he Second Amendment [as] an indispensable safeguard of security and liberty,” and directed that “the Attorney General shall examine all orders, regulations, guidance, plans, international agreements, and other actions of executive departments and agencies (agencies) to assess any ongoing infringements of the Second Amendment rights of our citizens[.]”

In connection with the Executive Order 14206 review, the Attorney General identified the process under 18 U.S.C. 925(c), as one meriting attention. Prior to March 2025, the process was handled by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”). However, since 1992, Congress has restricted the ATF from expending its appropriated funds to conduct section 925(c) investigations, rendering ATF's relief from disabilities program unusable. In March 2025, the Attorney General issued an interim final rule withdrawing the delegation of authority to ATF to administer section 925(c). See Withdrawing the Attorney General's Delegation of Authority,90 FR 13080 (Mar. 20, 2025). A notice of proposed rulemaking followed in July 2025 that announced specific requirements regarding the means through which an individual should apply for relief, as well as detailed guidance regarding the review and adjudication of section 925(c) applications. See Application for Relief From Disabilities Imposed by Federal Laws With Respect to the Acquisition, Receipt, Transfer, Shipment, Transportation, or Possession of Firearms,90 FR 34394 (Jul. 22, 2025). In August 2026, following public comment, a final rule providing detailed guidance regarding the application, review and adjudication of this application process was issued. See Application for Relief From Disabilities Imposed by Federal Laws with Respect to the Acquisition, Receipt, Transfer, Shipment, Transportation, or Possession of Firearms,91 FR 54054 (Aug. 20, 2026).

The FRRERD is a new system of records established in the Office of the Pardon Attorney with the principal purpose of collecting, storing, and maintaining the personally identifiable information (PII) of applicants seeking the restoration of their federal firearms rights. The system will leverage an existing information system and technology—the Federal Bureau of Investigation's (FBI) Electronic Departmental Order (eDO) service, which resides within the FBI's Next Generation Identification (NGI) system (JUSTICE/FBI-009, 84 FR 54182 (Oct. 9, 2019))—to maintain records in connection with federal firearms rights restoration applications. The eDO and NGI will also host the FRRERD where the records will be maintained. The responsibility for the FRRERD system of records will belong to PARDON, who will receive, track, and adjudicate applications to restore federal firearms rights. Further, PARDON will initiate the necessary investigations concerning these applications and prepare recommendations for the Attorney General to determine if, pursuant to 18 U.S.C. 925(c), relief from disability is warranted. PARDON will also act as a liaison to the public to respond to inquiries about the process to restore federal firearms rights.

II. Privacy Act Exemption

The Privacy Act allows Federal agencies to exempt eligible records in a system of records from certain provisions of the Act, including those that provide individuals with a right to request access to and amendment of records about the individual. If an agency intends to exempt a particular system of records, it must first issue a rulemaking pursuant to 5 U.S.C. 553(b)(1)-(3), (c), and (e). This proposed rule explains why exemptions are being claimed for this system of records, and it invites public comment, which the Department will consider before the issuance of a final rule implementing the exemptions.

The Department proposes to modify its regulations at 28 CFR part 16 to incorporate the Privacy Act exemptions for this new system of records, Firearms Rights Restoration Electronic Records Database (FRRERD), JUSTICE/OPA-002. The Department proposes to exempt this new system of records because most of the records in this system contain criminal law enforcement sensitive information and certain requirements of the Privacy Act may interfere with the effective execution of these activities. The Privacy Act, pursuant to 5 U.S.C. 552a(j)(2), authorizes agencies with a principal law enforcement function pertaining to the enforcement of criminal laws (including activities of prosecutors, courts, correctional, probation, pardon or parole authorities) to claim an exemption for systems of records that contain information identifying criminal offenders and alleged offenders, information compiled for the purpose of criminal investigation, or reports compiled for the purpose of criminal law enforcement proceedings. Additionally, pursuant to 5 U.S.C. 552a(k)(2), agencies may exempt a system of records from certain provisions of the Privacy Act if the system contains investigatory material compiled for law enforcement purposes, other than materials within the scope of 5 U.S.C. 552a(j)(2). The Department proposes this exemption because most of the records in this system relate to law enforcement activities, and as a result, notice, access, amendment, and disclosure (to include accounting for those records) to an individual, as well as certain record-keeping requirements, would reveal confidential information concerning the nature and scope of the firearms restoration adjudicatory process, undermine the ability to have candid communications among officials concerned with making recommendations to the Attorney General, and disclose the identity and personal characteristics of persons who furnished information to the Government under an express or implied promise of confidentiality. The Department is proposing to claim exemptions from several provisions of the Privacy Act, pursuant to 5 U.S.C. 552a(j)(2) and 552a(k)(2), to prevent the harms articulated in this rule from occurring. Records in this system of ( printed page 64127) records are only exempt from the Privacy Act to the extent the purposes underlying the exemption pertain to the record. A notice of a new system of records, Firearms Rights Restoration Electronic Records Database (FRRERD), JUSTICE/OPA-002, will be published in this issue of the Federal Register .

III. Statutory and Executive Order Review

A. Executive Orders 12866 and 13563—Regulatory Review

In accordance with 5 U.S.C. 552a(j) and 552a(k), this proposed action is subject to formal rulemaking procedures by giving interested persons an opportunity to participate in the rulemaking process “through submission of written data, views, or arguments,” pursuant to 5 U.S.C. 553. This proposed rulemaking intends to exempt this system of records from certain provisions of the Privacy Act to safeguard confidential criminal law enforcement information; and ensure the integrity of the adjudicatory process involving eligibility and suitability determinations concerning the restoration of an applicant's federal firearms rights pursuant to 18 U.S.C. 925(c). The Department of Justice has determined that this rule is not a “significant regulatory action” under Executive Order 12866, section 3(f), and accordingly this rule has not been reviewed by the Office of Information and Regulatory Affairs within the Office of Management and Budget pursuant to Executive Order 12866.

B. Regulatory Flexibility Act

This proposed rule will only impact Privacy Act-protected records, which are personal and generally do not apply to an individual's entrepreneurial capacity, subject to limited exceptions. Accordingly, the Chief Privacy and Civil Liberties Officer, in accordance with the Regulatory Flexibility Act (5 U.S.C. 605(b)), has reviewed this regulation and by approving it certifies that this regulation will not have a significant economic impact on a substantial number of small entities.

C. Small Business Regulatory Enforcement Fairness Act of 1996 (Subtitle E—Congressional Review Act)

The Small Business Regulatory Enforcement Fairness Act (SBREFA) of 1996, 5 U.S.C. 801 et seq., requires the Department to comply with small entity requests for information and advice about compliance with statutes and regulations within the Department's jurisdiction. Any small entity that has a question regarding this document may contact the person listed in FOR FURTHER INFORMATION CONTACT paragraph, above. Persons can obtain further information regarding SBREFA on the Small Business Administration's web page at www.sba.gov/​advocacy. This proposed rule is not a major rule as defined by 5 U.S.C. 804 of the Congressional Review Act.

D. Executive Order 13132—Federalism

This proposed rule will not have substantial direct effects on the States, on the relationship between the national government and the States, or on distribution of power and responsibilities among the various levels of government. Therefore, in accordance with Executive Order 13132, it is determined that this rule does not have sufficient federalism implications to warrant the preparation of a Federalism Assessment.

E. Executive Order 12988—Civil Justice Reform

This proposed regulation meets the applicable standards set forth in sections 3(a) and 3(b)(2) of Executive Order 12988 to eliminate drafting errors and ambiguity, minimize litigation, provide a clear legal standard for affected conduct, and promote simplification and burden reduction.

F. Executive Order 13175—Consultation and Coordination With Indian Tribal Governments

This proposed rule will have no implications for Indian Tribal governments. More specifically, it does not have substantial direct effects on one or more Indian tribes, on the relationship between the Federal government and Indian tribes, or on the distribution of power and responsibilities between the Federal government and Indian tribes. Therefore, the formal consultation requirements of Executive Order 13175 do not apply.

Nevertheless, two listening sessions were held with tribal authorities regarding the maintenance of tribal records in the system, specifically about the evaluation of risks to public safety from applicants based on information collected from the tribe regarding prior convictions and current status. These listening sessions were conducted in conjunction with Justice Department's Office of Tribal Justice.

G. Unfunded Mandates Reform Act of 1995

This proposed rule will not result in the expenditure by State, local and tribal governments, in the aggregate, or by the private sector, of $100,000,000, as adjusted for inflation, or more in any one year, and it will not significantly or uniquely affect small governments. Therefore, no actions were deemed necessary under the provisions of the Unfunded Mandates Reform Act of 1995.

H. Paperwork Reduction Act

The Paperwork Reduction Act of 1995, 44 U.S.C. 3507(d), requires the Department to consider the impact of paperwork and other information collection burdens imposed on the public. This proposed rule would call for a new collection of information under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501-3521. As defined in 5 CFR 1320.3(c), “collection of information” comprises reporting, recordkeeping, monitoring, posting, labeling, and other similar actions. The title and description of the information collection, a description of those who must collect the information, and an estimate of the total annual burden follow. The estimate covers the time for reviewing instructions, searching existing sources of data, gathering and maintaining the data needed, and completing and reviewing the collection for submission to the Department.

Title: Application for Restoration of Federal Firearms Rights.

OMB Control Number: 1123-0017.

Summary of the Collection of Information: Under 18 U.S.C. 925(c), the Attorney General may grant relief to individuals who are prohibited under federal law from possessing and engaging in certain activities with respect to firearms and ammunition. Section 925(c) thus provides a mechanism for the Attorney General to relieve otherwise-prohibited persons from federal firearm disabilities if they can show that they are likely to possess firearms safely, while ensuring that violent and dangerous persons remain subject to the prohibitions in the Gun Control Act. The information collected will be that necessary to establish eligibility for relief under 18 U.S.C. 925(c), including personal, financial, health, and criminal history information about the applicant.

Need for Information: To determine if such relief should be granted to an individual, the Attorney General, by statute, must determine if “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.” The information requested in the application ( printed page 64128) is necessary for the Attorney General to make such a determination.

Proposed Use of Information: To allow the Attorney General to determine whether to grant restoration of firearms rights to applicants while ensuring safety of the public and that such a decision is not contrary to the public interest.

Description of the Respondents: Persons who are subject to disabilities under 18 U.S.C. 922(g) and who choose to make an application for relief pursuant to 18 U.S.C. 925(c).

Estimated Number of Respondents: 330,000 per year.

Frequency of Response: Once every five years until relief is granted.

Burden of Response: 65 minutes.

Application Fee: $30.

Pursuant to the authority vested in the Attorney General by 5 U.S.C. 552a and delegated to me by Attorney General Order 2940-2008, the Department proposes to amend 28 CFR part 16 as follows:

1. The authority citation for part 16 continues to read as follows:

Authority: 5 U.S.C. 301, 552, 552a, 553; 28 U.S.C. 509, 510, 534; 31 U.S.C. 3711.

2. Section 16.79 is amended by adding revising paragraphs (c) and (d) as follows:

91 FR 64125