Gun rights organizations are expressing cautious optimism about the Trump Department of Justice's (DOJ) recent decision to establish a new division dedicated to Second Amendment Rights.
These groups, having been disappointed by the DOJ's recent litigation stances, are hoping that this move is more than a mere public relations exercise.
Erich Pratt, Senior Vice President of Gun Owners of America (GOA), expressed his reservations to the Daily Caller News Foundation, stating, "The Justice Department's stance on the Second Amendment is not much better today than it was over the past four years. This DOJ has met us with opposition in almost every legal battle we have had."
According to the Daily Caller, the DOJ has consistently opposed GOA, filing briefs to dismiss their cases challenging policies that have since been repealed and defending restrictions such as the 1986 machine gun ban.
One of the primary concerns for GOA is the DOJ's opposition to their challenge against the National Firearms Act of 1934 (NFA) registration requirements, which the group views as a direct assault on the Second Amendment. In July, several firearms manufacturers joined GOA in filing a lawsuit against the NFA.
The groups argue that when Congress nullified the act's $200 tax on certain firearms through the "One Big Beautiful Bill Act," it effectively undermined the constitutional basis for the NFA's registration requirements.
Despite these concerns, Pratt acknowledged the potential for positive change, stating, "A new office doesn't erase that record of hostility. That said, the Civil Rights Division has already taken pro-Second Amendment actions in the past few months, and if a dedicated office builds on that work and produces real results, we will welcome it. Words and press releases mean nothing, gun owners will judge this Department by its actions."
The DOJ, however, has remained silent, offering no comment in response to these concerns. In a filing dated Nov. 20, the DOJ argued that the issue at hand is not whether the NFA is a "good policy," but whether Congress "exceeded its enumerated powers or violated a fundamental right in making those policy choices."
In a letter dated Nov. 10, Georgia Rep. Andrew Clyde, along with 30 other Republican members of Congress, urged the DOJ to declare the NFA unconstitutional. Other organizations, including the National Rifle Organization (NRO), have also filed lawsuits against the NFA.
The Firearms Policy Coalition, a party to the NRA lawsuit, referred to a statement from its President Brandon Combs, who suggested that the DOJ should collaborate with those litigating to support Supreme Court review in "strong cases" and realign its positions "to stop undermining the very rights this new office is intended to safeguard."
President Donald Trump's administration has taken steps to protect Second Amendment rights, which is a stark contrast to the approach taken by the Biden administration towards gun owners and manufacturers. In April, the DOJ and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) repealed the Biden administration's "zero tolerance" policy, which imposed strict standards for federal firearms dealers and led to licenses being revoked over paperwork errors.
The DOJ also proposed a rule in July that "will provide citizens whose firearm rights are currently under legal disability with an avenue to restore those rights." In October, the DOJ sued the Los Angeles County Sheriff's Department for an alleged "pattern and practice of infringing the Second Amendment rights of law-abiding citizens seeking concealed carry weapons (CCW) permits." The civil rights division announced an investigation into the department in March.
The DOJ is currently supporting a challenge to Hawaii's conceal-carry restrictions at the Supreme Court, arguing in a November amicus brief that the government "cannot enact licensing regimes that effectively eliminate the right to public carry."
Despite their disappointment with certain litigation positions, many groups remain hopeful that a significant shift is underway. Bill Sack, Director of Legal Operations at the Second Amendment Foundation, told the DCNF, "The administration has made major strides in correcting assaults on our Second Amendment rights, but there is still a lot of work to be done and some notable opportunities for improvement."
Larry Keane, general counsel at the National Shooting Sports Foundation (NSSF), welcomed the new office as "a positive, welcomed sign that Washington, D.C., is finally beginning to recognize our efforts are part of the solution." He added, "This marks a historic course correction in federal policy and highlights the Trump Administration's continued effort to assess ongoing infringements on Second Amendment rights."
Login