Prosecutors in New Mexico plan to charge back With manslaughter due to a fatal shooting during filming in October 2021.
Prosecutors dropped charges against the Emmy Award-winning actor in April, just two weeks before his trial began.
But they said the “additional facts” merit the case being brought before a grand jury again next month.
Baldwin’s lawyers criticized the investigators as “misguided.”
“It is unfortunate that a terrible tragedy turned into this misguided trial,” they said in a statement.
“We will respond to any charges in court.”
Baldwin was practicing shooting the gun on the set of Rust on a ranch near Santa Fe when the gun went off, killing 42-year-old cinematographer Halina Hutchins and wounding director Joel Souza.
The actor told investigators at the time that he pulled the hammer on the gun, but did not pull the trigger.
The charges against Mr. Baldwin were dropped six months ago after it was reported that the .45 Colt revolver had been modified with a new trigger in a way that could have increased the possibility of a misfire.
Ms Morrissey and Mr Lewis then had the replica gun forensically tested after parts of it were broken off during FBI testing.
Investigators determined that there was no way to fire the gun without pulling the trigger.
“Following extensive investigations over the past few months, additional facts have been uncovered,” the special prosecutors leading the case, Carrie Morrissey and Jason Lewis, said in a statement sent to BBC News on Tuesday.
“We believe the appropriate course of action is to allow a committee of New Mexico citizens to decide from here whether Mr. Baldwin should be detained for criminal prosecution,” they added.
In an interview with The New York Times on Tuesday, Ms. Morrissey said that “forensic testing of the gun concluded with certainty that the trigger had to be pressed for the gun to go off.”
She added that prosecutors plan to begin presenting their case to a grand jury on November 16.
The gunsmith in the film, Hannah Gutierrez Reid, faces two counts of manslaughter.
