Privacy Act of 1974; Systems of Records

Issuing agencies

Abstract

Pursuant to the Privacy Act of 1974 and Office of Management and Budget (OMB) Circular No. A-108, notice is hereby given that the Office of the Pardon Attorney (PARDON), a component within the United States Department of Justice (DOJ or Department), proposes to develop a new system of records titled Firearms Rights Restoration Electronic Records Database (FRRERD), JUSTICE/OPA-002. The proposed system of records will be used to receive, track, and adjudicate applications to restore federal firearms rights pursuant to 18 U.S.C. 925(c) and 28 CFR 107.1 et seq.

Full Text

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<title>Federal Register, Volume 91 Issue 193 (Wednesday, October 7, 2026)</title>
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[Federal Register Volume 91, Number 193 (Wednesday, October 7, 2026)]
[Notices]
[Pages 64182-64186]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-20536]


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DEPARTMENT OF JUSTICE

[CPCLO Order No. 008-2026]


Privacy Act of 1974; Systems of Records

AGENCY: Office of the Pardon Attorney, United States Department of 
Justice.

ACTION: Notice of a new system of records.

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SUMMARY: Pursuant to the Privacy Act of 1974 and Office of Management 
and

[[Page 64183]]

Budget (OMB) Circular No. A-108, notice is hereby given that the Office 
of the Pardon Attorney (PARDON), a component within the United States 
Department of Justice (DOJ or Department), proposes to develop a new 
system of records titled Firearms Rights Restoration Electronic Records 
Database (FRRERD), JUSTICE/OPA-002. The proposed system of records will 
be used to receive, track, and adjudicate applications to restore 
federal firearms rights pursuant to 18 U.S.C. 925(c) and 28 CFR 107.1 
et seq.

DATES: In accordance with 5 U.S.C. 552a(e)(4) and (11), this notice is 
effective upon publication, subject to a 30-day period in which to 
comment on this notice. Please submit any comments by November 6, 2026. 
The routine uses listed in this notice will be effective after November 
6, 2026.

ADDRESSES: The public, OMB, and Congress are invited to submit any 
comments by mail to the U. S. Department of Justice, Office of Privacy 
and Civil Liberties, ATTN: Privacy Analyst, Two Constitution Square 
(2CON), 145 N Street NE, Suite 8W.300, Washington, DC 20530; by 
facsimile at 202-307-0693; or by email at <a href="/cdn-cgi/l/email-protection#d2a2a0bba4b3b1abfcb1bdbfa2bebbb3bcb1b792a7a1b6bdb8fcb5bda4"><span class="__cf_email__" data-cfemail="1d6d6f746b7c7e64337e72706d71747c737e785d686e797277337a726b">[email&#160;protected]</span></a>. 
To ensure proper handling, please reference the above CPCLO Order No. 
on your correspondence.

FOR FURTHER INFORMATION CONTACT: Kira Gillespie, Deputy Pardon 
Attorney, Office of the Pardon Attorney, U.S. Department of Justice, 
950 Pennsylvania Avenue NW, Washington, DC 20530.

SUPPLEMENTARY INFORMATION: The FRRERD is a new system of records that 
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 collect material in connection with federal firearms rights 
restoration applications. The eDO and NGI will also host the FRRERD 
where the collected material will be stored and maintained. The FRRERD 
system of records will be maintained by 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, or designee, to determine if, pursuant to 18 U.S.C. 925(c), 
relief from disability is warranted. As part of this process, PARDON 
will collect, store, and maintain the records pertaining to an 
applicant seeking the restoration of federal firearms rights. PARDON 
will also act as a liaison to the public for inquiries about the 
federal firearms rights restoration process.
    Pursuant to 5 U.S.C. 552a(b)(12), records maintained in this system 
of records may be disclosed to a consumer reporting agency without the 
prior written consent of the individual to whom the record pertains. 
Such disclosures will only be made in accordance with 31 U.S.C. 
3711(e).
    In accordance with 5 U.S.C. 552a(r), the Department has provided a 
report to OMB and Congress on this new system of records.

    Dated: October 1, 2026.
Laurence E. Rothenberg,
Chief Privacy and Civil Liberties Officer, United States Department of 
Justice.
JUSTICE/OPA-002

SYSTEM NAME AND NUMBER:
    Firearms Rights Restoration Electronic Records Database (FRRERD).

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Records described in this notice will be maintained by PARDON in 
the FRRERD and hosted on FBI's eDO, within the NGI system and is 
maintained by the FBI, Criminal Justice Information Services Division 
(CJIS). The FRRERD will also interface with other FBI systems, 
including, but not limited to, the National Instant Criminal Background 
Check System (NICS) for the adjudication of the applications.

SYSTEM MANAGER(S):
    Pardon Attorney/Chief Information Officer, Office of the Pardon 
Attorney, U.S. Department of Justice, 950 Pennsylvania Avenue NW, 
Washington, DC 20530.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Authorities for the maintenance of these records include 5 U.S.C. 
301; 18 U.S.C. 922(g) and 925(c); 28 U.S.C. 509-510; Public Law 107-
296, 116 Stat. 2135; Executive Order 12988--Civil Justice Reform; 
Executive Order 14206--Protecting Second Amendment Rights; 28 CFR 25 
and 107; 90 FR 13,080 (Withdrawing the Attorney General's Delegation of 
Authority); 91 FR 54,054 (Application for Relief From Disabilities 
Imposed by Federal Laws With Respect to the Acquisition, Receipt, 
Transfer, Shipment, Transportation, or Possession of Firearms); and 28 
CFR 107.1 et seq.

PURPOSE(S) OF THE SYSTEM:
    Federal law prohibits several categories of persons from 
``possess[ing] in or affecting commerce, any firearm or ammunition.'' 
18 U.S.C. 922(g). At the same time, the law 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). 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 Sec.  925(c) investigations, rendering ATF's relief 
from disabilities program unusable. The Attorney General seeks to 
reinvigorate Sec.  925(c) as an appropriate avenue to restore firearm 
rights to certain individuals who have demonstrated that they are 
unlikely to pose a danger to public safety. The FRRERD, which will be 
administered by PARDON, is a new system of records with the principal 
purpose of collecting, storing, and maintaining the records of 
applicants seeking the restoration of their federal firearms rights, 
thereby enabling PARDON to comprehensively review, assess, evaluate, 
and make recommendations to the Attorney General, or designee, on an 
applicant's eligibility and suitability for relief from disabilities 
under 18 U.S.C. 922(g) and 925(c) and 28 CFR 107.1 et seq.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    A. Individuals who have applied for or have been granted or denied 
relief from disabilities under 18 U.S.C. 922(g) and 925(c) and 28 CFR 
107.1 et seq.
    B. Individuals who have corresponded with PARDON concerning persons 
who have applied for or who have been granted or denied relief from 
disabilities under 18 U.S.C. 922(g) and 925(c) and 28 CFR 107.1 et seq.
    C. Individuals who have provided character references for people 
who have applied for relief from disabilities under 18 U.S.C. 922(g) 
and 925(c) and 28 CFR 107.1 et seq.
    D. Department of Justice personnel, to include contractors, who are 
authorized to access and use the system.
    E. Victim(s) of applicants, if the applicant has a criminal arrest 
or conviction that involves a victim.

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    F. Spouse or partner, former spouse(s) or partner(s), and children 
of applicants.

CATEGORIES OF RECORDS IN THE SYSTEM:
    A. Applicant's identifying information, e.g., name, tax 
identification number, social security number, alien registration 
number (if applicable), sex, prior names (if applicable), Federal 
firearms license number, FBI universal control number (if applicable), 
and passport number.
    B. Applicant's biometric data, e.g., fingerprints and the results 
of fingerprint verification searches.
    C. Applicant's demographic information, e.g., date of birth or age, 
place of birth, race, ethnicity, citizenship, and religion.
    D. Applicant or legal representative contact information, e.g., 
personal or business mailing address, residential address, personal or 
business email address, and personal or business phone number.
    E. Applicant records pertaining to mental health incompetency 
adjudications or commitment, as well as records pertaining to recovery 
of competency.
    F. Applicant medical records, including information concerning past 
or present treatment for substance abuse.
    G. Applicant military records.
    H. Applicant consular records.
    I. Applicant arrest records.
    J. Applicant records regarding firearms prohibitors, as listed in 
18 U.S.C. 922(g).
    K. Legal documents, i.e., publicly available litigation and 
bankruptcy records.
    L. Applicant criminal records information, e.g., information 
regarding an applicant's federal, military, state, tribal and other 
locality criminal conviction(s), performance and service of their 
criminal sentence(s), prison adjustment files, and other criminal 
history.
    M. Applicant records from foreign jurisdictions related to criminal 
conduct, mental health determinations, or service in foreign military 
bodies.
    N. Applicant juvenile criminal records information.
    O. Civil law enforcement information, e.g., civil suits/judgments 
pertaining to Sec.  922(g) litigation for applicant or others.
    P. Identifying information of an applicant's spouse or partner, 
former spouse(s) or partner(s), and children, e.g., name or sex.
    Q. Identifying information for personal character references.
    R. Identifying information about the victim(s) of an applicant.
    S. System administrative/audit data regarding DOJ personnel and 
contractors, e.g., user ID, user passwords/codes, IP address, date/time 
of access.
    T. Unique case numbers, personal identifying numbers, secure links, 
or other identifying information assigned to applicants.

RECORD SOURCE CATEGORIES:
    A. Individual applicants seeking the restoration of their federal 
firearms rights and their representatives. This information will be 
collected utilizing the following PARDON electronic webforms:
    1. Application to Restore Federal Firearms Rights: which will apply 
to individuals seeking relief from federal firearms disabilities under 
18 U.S.C. 925(c) and 28 CFR 107.1 et seq.
    2. Authorization for Release of Information: which will authorize 
investigators, special agents or other duly accredited representatives 
of DOJ to obtain a range of academic, residential, employment, criminal 
and other information about an applicant seeking restoration of his/her 
federal firearms rights.
    3. Authorization for Release of Medical Information (Mental 
Health): which will authorize the release of information relating to 
mental health counseling/psychotherapy to the Pardon Attorney in 
connection with an application for relief from federal firearms 
disabilities under 18 U.S.C. 925(c) and 28 CFR 107.1 et seq.
    B. Records, assessments, and reports of the FBI and/or other 
government agencies.
    C. Records of the Federal Bureau of Prisons.
    D. Records and reports of the U.S. Parole Commission.
    E. Records and reports of the Armed Forces.
    F. Records and reports provided by other federal, state, local, 
territorial, tribal, foreign, and international governmental agencies.
    G. Non-governmental sources, such as hospital and medical 
professionals.
    H. Employees of the Department of Justice, to include contract 
personnel.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    In addition to those disclosures generally permitted under 5 U.S.C. 
552a(b), all or a portion of the records in this system of records may 
be disclosed as a routine use pursuant to 5 U.S.C. 552a(b)(3) under the 
circumstances or for the purposes described below, to the extent such 
disclosures are compatible with the purposes for which the records were 
collected:
    A. To any person or entity, whose knowledge or views about a 
particular firearms rights restoration application are solicited by 
PARDON in connection with its investigation and review of an 
application, to the extent deemed by PARDON to be necessary in order to 
enable such persons or entities to respond to the request or take other 
appropriate action.
    B. To a federal, state, local, or tribal agency in order to verify 
and supplement information in applications to determine eligibility and 
suitability for relief, to consult with these entities regarding 
information necessary to the Attorney General's determination on the 
granting of relief, or to record the restoration decisions of the 
Attorney General.
    C. To local, state, tribal, territorial, or federal law enforcement 
or criminal justice agencies or other authorized federal agencies where 
such disclosure:
    1. May assist the recipient in the performance of its law 
enforcement, criminal justice, or national security functions;
    2. May assist the FBI in performing a law enforcement or national 
security function;
    3. May promote, assist, or otherwise serve the mutual efforts of 
the law enforcement, criminal justice, and national security 
communities; or
    4. May serve a comparable civil law enforcement purpose.
    D. To federal, state, local, territorial, tribal, foreign, or 
international law enforcement agencies and licensing agencies or 
associations that conduct firearms eligibility checks and/or that 
require information concerning the suitability or eligibility of an 
individual for a firearms license or permit.
    E. To a Member of Congress or staff acting upon the Member's behalf 
when the Member or staff requests the information on behalf of, and at 
the request of, the individual who is the subject of the record or 
acting pursuant to congressional oversight functions.
    F. To a federal, state, local, tribal, foreign, or international 
agency, as required by federal statutes, treaties, executive orders and 
other presidential and executive directives, federal regulations, 
federal rules, or Attorney General Guidance. Such agencies may include 
federal and state probation and/or parole systems, the Department of 
War, and federal, state, and tribal penal departments that require such 
information to determine the eligibility of a person to access and/or 
possess firearms or explosives and/or when

[[Page 64185]]

necessary to accomplish the agency's duties.
    G. To the public via the Federal Register, identifying, by name, 
those applicants for whom a grant of the restoration of federal 
firearms rights has been approved.
    H. Where a record, either alone or in conjunction with other 
information, indicates a violation or potential violation of law--
criminal, civil, or regulatory in nature--the relevant records may be 
referred to the appropriate federal, state, local, territorial, tribal, 
or foreign law enforcement authority or other appropriate entity 
charged with the responsibility for investigating or prosecuting such 
violation or charged with enforcing or implementing such law.
    I. To complainants and/or victims of an offense(s) perpetrated by 
an applicant to the extent necessary to provide such persons with 
information and explanations concerning the progress and/or results of 
the investigation or case arising from the matters of which they 
complained and/or of which they were a victim.
    J. In a proceeding before a court, grand jury, or administrative or 
adjudicative body, when the Department determines that the records are 
relevant to the proceeding; or in a proceeding before an administrative 
or adjudicative body when the Department determines the records to be 
relevant to the proceeding.
    K. To officials of civil or criminal courts for use in proceedings 
under 18 U.S.C. 925(c), 922(g), and other related litigation, domestic 
violence and stalking cases, and/or matters related to prospective 
protective court orders and custody disputes.
    L. To the news media and the public, including disclosures pursuant 
to 28 CFR 50.2, unless it is determined that release of the specific 
information in the context of a particular case would constitute an 
unwarranted invasion of personal privacy.
    M. To contractors, grantees, experts, consultants, students, and 
others performing or working on a contract, service, grant, cooperative 
agreement, or other assignment for the Department, when necessary to 
accomplish an agency function related to this system of records.
    N. To designated officers and employees of state, local, 
territorial, or tribal law enforcement or detention agencies in 
connection with the hiring or continued employment of an employee or 
contractor, where the employee or contractor would occupy or occupies a 
position of public trust as a law enforcement officer or detention 
officer having direct contact with the public or with prisoners or 
detainees, to the extent that the information is relevant and necessary 
to the recipient agency's decision.
    O. To appropriate officials and employees of a federal agency or 
entity that requires information relevant to a decision concerning the 
hiring, appointment, or retention of an employee; the assignment, 
detail, or deployment of an employee; the issuance, renewal, 
suspension, or revocation of a security clearance; the execution of a 
security or suitability investigation; the letting of a contract, or 
the issuance of a grant or benefit.
    P. To the National Archives and Records Administration (NARA) for 
purposes of records management inspections conducted under the 
authority of 44 U.S.C. 2904 and 2906.
    Q. To appropriate agencies, entities, and persons when (1) the 
Department suspects or has confirmed that there has been a breach of 
the system of records; (2) the Department has determined that as a 
result of the suspected or confirmed breach there is a risk of harm to 
individuals, the Department (including its information systems, 
programs, and operations), the Federal Government, or national 
security; and (3) the disclosure made to such agencies, entities, and 
persons is reasonably necessary to assist in connection with the 
Department's efforts to respond to the suspected or confirmed breach or 
to prevent, minimize, or remedy such harm.
    R. To another federal agency or federal entity, when the Department 
determines that information from this system of records is reasonably 
necessary to assist the recipient agency or entity in (1) responding to 
a suspected or confirmed breach, or (2) preventing, minimizing, or 
remedying the risk of harm to individuals, the recipient agency or 
entity (including its information systems, programs, and operations), 
the Federal Government, or national security, resulting from a 
suspected or confirmed breach.
    S. To any Federal Office of the Inspector General, or similar 
publicly identified official of a federal agency who has the official 
mission and duty to detect and deter waste, fraud, and abuse, as 
necessary for the purpose of identification and elimination of such 
waste, fraud, and abuse related to federal programs, employees, 
contractors, grantees, inmates, or beneficiaries.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    The FRRERD will be hosted on the FBI's eDO platform within the NGI 
system, thereby providing a secure infrastructure for storage and 
processing of the information contained therein. All records which are 
part of FRRERD will be stored within the FBI's NGI system in electronic 
format.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Individual case files which are part of FRRERD are typically 
retrieved via the name of the person who applied for or was granted or 
denied relief from disabilities pursuant to 18 U.S.C. 925(c) and 28 CFR 
107.1 et seq., but also may be retrieved via uniquely identifying 
numbers, such as Social Security number or case number assigned by 
PARDON.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    The Department has drafted a schedule for the records maintained in 
the FRRERD and has submitted the draft to NARA for review. While 
awaiting approval, all records maintained in the FRRERD will be 
maintained without a destruction schedule. Once the records schedule is 
approved, all records within the FRRERD will be maintained in 
accordance with the records retention schedule as approved by NARA. 
When a case is closed, all records pertaining to the case file are 
maintained in the FRRERD for the period stated in the records retention 
schedule. Once the retention period has lapsed, all records categorized 
as permanent are sent to NARA. Once NARA becomes the legal custodian of 
the records, any remaining records within the FRRERD are destroyed.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    As noted above, the FRRERD will be hosted on the FBI's eDO platform 
within the NGI system, thus inheriting the management, operational, and 
technical controls related to the NGI system and operating environment. 
The NGI system provides a secure infrastructure for storage and 
processing of the information. Further, access to the FRRERD is 
strictly limited to trained personnel assigned to the specific task of 
managing firearms rights restoration applications (i.e., internally to 
PARDON staff who have obtained the requisite clearance and the proper 
request form and/or identity validation has occurred). Access to the 
system is role-based and users are only authorized to access 
information that they need to know to perform their job duties. 
Mandatory

[[Page 64186]]

training is required of all system users before they may gain access to 
the database.
    By using the FBI website hosting the FRRERD, individuals 
electronically submit their applications online. The website provides 
applicants a unique personal identification number and secure links 
and/or other secure authentication methods to lessen the possibility of 
an individual accessing records pertaining to another person without 
authority.

RECORD ACCESS PROCEDURES:
    All requests for access to records must be in writing and should be 
addressed to the attention of the PARDON FOIA Public Liaison, Office of 
the Pardon Attorney, U.S. Department of Justice, 950 Pennsylvania 
Avenue NW, Washington, DC 20530 or emailed to 
<a href="/cdn-cgi/l/email-protection#7d2d1c0f1912133c0909120f1318043b32343c3d080e191217531a120b"><span class="__cf_email__" data-cfemail="c797a6b5a3a8a986b3b3a8b5a9a2be81888e8687b2b4a3a8ade9a0a8b1">[email&#160;protected]</span></a>. The envelope and letter should be clearly 
marked ``Privacy Act Access Request.'' The request must describe the 
records sought in sufficient detail to enable Department personnel to 
locate them with a reasonable amount of effort. The request must 
include a general description of the records sought and must include 
the requester's full name, current address, and date and place of 
birth. The request must be signed and either notarized or submitted 
under penalty of perjury. Some information may be exempt from the 
access provisions as described in the ``EXEMPTIONS PROMULGATED FOR THE 
SYSTEM'' paragraph, below. An individual who is the subject of a record 
in this system of records may access those records that are not exempt 
from access. A determination whether a record may be accessed will be 
made at the time a request is received.
    Although no specific form is required, a requestor may obtain forms 
for this purpose from the FOIA/Privacy Act Mail Referral Unit, U. S. 
Department of Justice, 950 Pennsylvania Avenue NW, Washington, DC 
20530, or on the Department of Justice website at <a href="https://www.justice.gov/oip/oip-request.html">https://www.justice.gov/oip/oip-request.html</a>.
    More information regarding the Department's procedures for 
accessing records in accordance with the Privacy Act can be found at 28 
CFR part 16 Subpart D, ``Protection of Privacy and Access to Individual 
Records Under the Privacy Act of 1974.''

CONTESTING RECORD PROCEDURES:
    Individuals seeking to amend records maintained in this system of 
records must direct their requests to the address indicated in the 
``RECORD ACCESS PROCEDURES'' paragraph, above. All requests to amend 
records must be in writing and the envelope and letter should be 
clearly marked ``Privacy Act Amendment Request.'' All requests must 
state clearly and concisely which record is to be amended, the reasons 
therefor, and the proposed language for the amendment. Some information 
may be exempt from the amendment provisions as described in the 
``EXEMPTIONS PROMULGATED FOR THE SYSTEM'' paragraph, below. An 
individual about whom a record in this system of records pertains may 
seek to amend only those records that have not been exempted from the 
amendment provisions of the Privacy Act. A determination of whether a 
record is or is not exempt from the amendment provisions will be made 
after a request is received.
    More information regarding the Department's procedures for amending 
or contesting records in accordance with the Privacy Act can be found 
at 28 CFR 16.46, ``Requests for Amendment or Correction of Records.''

NOTIFICATION PROCEDURES:
    Individuals may be notified if a record in this system of records 
pertains to them when the individuals request information utilizing the 
same procedures as those identified in the ``RECORD ACCESS PROCEDURES'' 
paragraph, above.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    The Attorney General has exempted this system from subsections of 
the Privacy Act pursuant to 5 U.S.C. 552a(j) and/or (k) subsections. 
The exemptions will be applied only to the extent that the information 
in the system is subject to exemption pursuant to 5 U.S.C. 552a(j) and/
or (k) subsections. Rules have been promulgated in accordance with the 
requirements of 5 U.S.C. 553(b), (c) and (e), and have been published 
in the Federal Register.

HISTORY:
    None.

[FR Doc. 2026-20536 Filed 10-6-26; 8:45 am]
BILLING CODE 4410-29-P


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