President Joe Biden recently issued 40 unconditional pardons, restoring firearm rights to individuals previously prohibited from owning guns due to federal law. These pardons were granted on December 1 and 2, allowing the recipients to have their information removed from the National Instant Criminal Background Check System. Federal law restricts gun possession for those convicted of certain crimes, but these restrictions do not apply if a person has been pardoned unless specified otherwise.
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) identifies offenses that trigger firearm prohibitions as any crime punishable by over one year in prison. However, exemptions include antitrust violations or misdemeanors with imprisonment terms of two years or less.
Biden’s pardon list began with his son Hunter Biden, who had felony convictions related to unlawful firearm possession. On December 12, he added 38 more names. The official clemency warrants describe these pardons as “full and unconditional,” potentially restoring the right to acquire and possess firearms for those without other disqualifying factors.
In a statement about the pardons, Biden described the offenses as “non-violent crimes” and noted that the individuals demonstrated successful rehabilitation and community commitment. He indicated plans for further actions:
“I will take more steps in the weeks ahead,” said Biden. “My Administration will continue reviewing clemency petitions to advance equal justice under the law, promote public safety, support rehabilitation and reentry, and provide meaningful second chances.”
This move positions Biden as more pro-gun than Congress since 1992 when a funding rider prevented federal consideration of relief applications under the Gun Control Act of 1968. This act allows individuals to petition for relief from firearm disabilities if they are not likely to pose a danger to public safety.
Biden emphasized America’s foundation on “the promise of possibility and second chances,” aligning this action with his broader vision for justice reform.
