In an unexpected development, President Joe Biden has, in recent weeks, issued a series of pardons that could result in dozens of individuals regaining their right to own firearms. The president’s actions on December 1 and December 12 granted full and unconditional clemency to 40 individuals previously convicted of offenses that would otherwise trigger federal firearm prohibitions.
Under federal law, individuals convicted of certain crimes are barred from owning or purchasing firearms. These prohibitions typically apply to those convicted of offenses punishable by imprisonment exceeding one year, with exceptions for certain non-violent or regulatory crimes. However, federal law also provides that such prohibitions are lifted if the individual receives a pardon that does not expressly restrict their firearm rights.
A Presidential Pardon Surge
Biden’s clemency actions this month began with a pardon for his son, Hunter Biden, whose criminal record includes felony charges related to unlawful firearm possession and providing false information during a firearm purchase. Days later, the president extended clemency to 38 additional individuals, characterizing their crimes as “non-violent” and emphasizing their rehabilitation and commitment to their communities.
The official clemency warrants issued by the White House confirm that these pardons are “full and unconditional,” potentially restoring the recipients’ eligibility to own firearms under federal law, provided they have no other disqualifying offenses.
In a statement accompanying the clemency announcements, Biden emphasized his administration’s commitment to second chances and justice reform:
“I will take more steps in the weeks ahead. 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.”
Restored Gun Rights: A Complex Legacy
The pardons have raised eyebrows, given Biden’s long-standing advocacy for stricter gun control measures. His administration has frequently championed policies aimed at restricting access to firearms, making this clemency decision an unusual counterpoint in his record.
Critics and analysts alike have noted the historical rarity of such actions. Since 1992, federal funding riders have barred the use of government funds to process applications for relief from firearm prohibitions under the Gun Control Act of 1968. While this restriction applies to individuals, corporate entities have continued to seek and obtain relief under the same law. Biden’s recent pardons effectively bypass these restrictions for the individuals involved, granting them relief through executive clemency.
Balancing Rehabilitation and Public Safety
The move highlights Biden’s focus on rehabilitation and reentry for individuals with criminal records. In his remarks, the president underscored the importance of second chances, stating:
“America was built on the promise of possibility and second chances.”
Nevertheless, the decision complicates Biden’s image as one of the most anti-gun presidents in modern history. While the clemency actions align with his broader goals of justice reform, they also stand in contrast to his administration’s efforts to impose stricter gun control measures on law-abiding citizens.
Looking Ahead
As Biden signals the possibility of further clemency actions in the final days of his presidency, questions remain about the implications for public safety and the consistency of his administration’s policies on firearms. For now, his actions mark a notable shift, restoring rights to individuals whose criminal records would have otherwise permanently barred them from gun ownership under federal law.
