Yesterday, the Department of Justice announced a new process for people with felony convictions to seek restoration of their right to keep and bear arms. This program is narrow: the Department warned that rights restoration “is neither automatic nor guaranteed” – the Department, which is responsible for criminal prosecutions, will screen applicants and exercise discretion.

Matthew Cavedon, director of the Cato Institute’s Project on Criminal Justice, offered qualified praise for the announcement:

“Federal law bans anyone who has ever been convicted of any crime punishable by more than a year in prison from ever having a firearm again. Even if their crime had nothing to do with violence, even if they were not sentenced to prison time at all, and even if they pick up someone else’s gun only in order to confront would-be home intruders. This is unconstitutional, and the Department’s modest move toward fixing this should be praised. But leaving prosecutors in charge of sifting through who deserves to enjoy constitutional rights still falls short of what the Second Amendment requires.”

To speak with Cavedon concerning overcriminalization and the Second Amendment, contact Christopher Tarvardian.