Explore The NRA Universe Of Websites

APPEARS IN News

Not Your Father’s DOJ: Government Actively Backs Second Amendment in Litigation

Monday, May 5, 2025

Not Your Father’s DOJ: Government Actively Backs Second Amendment in Litigation

It has, in theory, always been the sworn duty of the U.S. Department of Justice (DOJ) to uphold the constitutional rights of American citizens and to affirmatively protect fundamental liberties. But its active support for the right to keep and bear arms has been vanishingly rare. Recent developments under President Trump, however, are beginning to change that longstanding neglect. For perhaps the first time in the nation’s history, DOJ is proactively using its legal authority to protect Second Amendment rights.

We have already reported on examples of this, including DOJ’s investigation of the Los Angeles Sheriff Department’s concealed carry permitting practices and its Interim Final Rule aimed at restoring lost firearm-related rights. We also noted that the government dropped a charge for illegal possession of a short-barreled rifle “in the interest of justice” in a case involving a braced pistol. This trend has continued and escalated to the point where DOJ is reversing positions in gun control cases and has now even asked the U.S. Supreme Court to hear a case that addresses a growing trend among anti-gun states that threatens the viability of lawful carry.

Another case in which the government has reconsidered its support for gun control came last month in New York v. Arm or Ally, in which the state of New York is pursuing various companies for selling products that the state claims undermine its gun control regime. Specifically, the companies sold unfinished frame or receiver blanks that customers could use in constructing personally made firearms. The companies in some cases advertised their products as having not yet obtained the status of firearms under the law, such that customers could obtain them without following the same rules that pertain to functional guns.

As a matter of federal law, it has long been legal to obtain precursor parts for frames or receivers without following the formalities that apply to firearm sales. The government under the Biden-Harris administration, however, tried to narrow the range of products exempt from the coverage of federal gun control statutes with an expansive rulemaking.

Meanwhile, New York and certain other anti-gun states passed laws that dealt with personally made firearms, and the parts from which they’re made, more strictly than federal law. Among other things, state officials have used these laws to give themselves standing to sue companies that sell unserialized receiver blanks interstate.

Recently, the U.S. Supreme Court upheld the Biden-era rule because, it stated, the rule could legitimately apply to Polymer80 type receiver blanks and to build kits that contained such blanks and all the other components necessary to assemble a functional firearm. Otherwise, however, the Supreme Court did not elaborate on where the lines would be drawn for products that require more extensive and specialized finish work to be usable in a functional firearm.

Initially, the U.S. government had intervened to join the state as a plaintiff in the New York lawsuit. This substantially increased the resources, personnel, and expertise available for New York to try to vindicate its punitive and persecutory approach to personally made firearms.

Last month, however, the Trump/Bondi DOJ reversed that decision and asked the Second Circuit, which is hearing an appeal in the case, to allow it to withdraw from the case. In a letter dated April 21, the government cited President Trump’s Executive Order, “Protecting Second Amendment Rights,” as well as Attorney General Pam Bondi’s recently created Second Amendment Task Force as leading DOJ to reassess its participation. The government recognized the Supreme Court had recently “provided some clarity on the regulatory question of how best to apply the Gun Control Act to unfinished frames and receivers[.]” But, it continued, “this interpretation should not serve as a basis for punishing gun manufacturers for conduct that the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) considered lawful at the time of the sales.” The upshot of these determinations was the “government .. no longer wishes to be a party to this litigation.“

In another welcomed development last week, DOJ filed a friend of the court brief supporting a petition for the U.S. Supreme Court to review a Ninth Circuit decision upholding an expansive Hawaii gun control law. The case is Wolford v. Lopez.

Hawaii’s law, like the laws of four other anti-gun states, flips the traditional presumption that lawful public carry extends to publicly accessible private property, unless the property owner affirmatively bans it and provides notice of the ban. The challenged law would instead presumptively ban concealed carry on publicly accessible private property, unless the property owner affirmatively decided to allow it and provided prescribed forms of notice for that decision. This, along with extensive statutorily prescribed “gun-free zones” in “sensitive places” in those jurisdictions would, in practical effect, nullify the right to carry, even for those who had successfully navigated the permitting process to do so.

The government’s brief presented a forceful and convincing case for the court to intervene. It noted the lack of any historical tradition for such a restriction, as required by the Supreme Court’s precedent in New York State Rifle & Pistol Association v. Bruen. Moreover, the brief explained, “Hawaii’s default rule functions as a near-complete ban on public carry,” and “effectively nullifies[] the ‘general right to publicly carry arms’ that Bruen recognized.” The government even suggested the state was not acting in good faith: “That is no accident. The structure and operation of Hawaii’s law reveal that the law serves no legitimate purpose and instead seeks only to inhibit the exercise of the right to bear arms.”

Amplifying the need for the court’s intercession, the brief pointed out, the Court of Appeals for the Second Circuit had invalidated a similar New York law in Antonyuk v. James.

DOJ’s participation in cases has traditionally been treated as significant and influential by federal courts, given the department’s duty to pursue the public interest. Its litigators are considered among the nation’s best and often go on to appointments as federal judges, become partners in prestigious law firms, or end up in academia or elected office. The government’s ability to litigate a case, moreover, does not depend on the resources of a given party. To say a committed and involved DOJ could be a force multiplier in the project to uphold the Second Amendment would be an understatement. It could be a gamechanger and could give recalcitrant anti-gun states – used to acting with virtual impunity – a reason to curb their prohibitionist ambitions.

NRA-ILA looks forward to reporting on other developments ushered in by the Attorney General’s Second Amendment Task Force. The Trump Administration’s actions to date have already set a new highwater mark for DOJ’s affirmative protection of the right to keep and bear arms.

TRENDING NOW
Trump’s DOJ Will Participate in Oral Arguments in Illinois Semi-Auto Ban Case

News  

Monday, September 15, 2025

Trump’s DOJ Will Participate in Oral Arguments in Illinois Semi-Auto Ban Case

Within six months of the landmark United States Supreme Court decision of NYSRPA v. Bruen (2022), Illinois disregarded the Court’s clear directives and enacted into law H.B. 5741, the Protect Illinois Communities Act (PICA). 

Armed Citizens: Not Just an American Concept

News  

Monday, September 15, 2025

Armed Citizens: Not Just an American Concept

We frequently post stories about law-abiding citizens who, by exercising their rights protected under the Second Amendment, bring an end to violent criminal assaults.  

New York Law Imperils U.S. Olympic Target Shooting, Favors China’s Dominance

News  

Monday, September 15, 2025

New York Law Imperils U.S. Olympic Target Shooting, Favors China’s Dominance

As U.S. shooting sports athletes prepare for the 2028 Olympics in Los Angeles, New York law is burdening target shooters in the Empire State.

Third Circuit Strikes Some New Jersey Carry Restrictions in NRA Case

Thursday, September 11, 2025

Third Circuit Strikes Some New Jersey Carry Restrictions in NRA Case

Yesterday, the Third Circuit Court of Appeals issued an opinion in Siegel v. Platkin, striking some of the carry restrictions New Jersey enacted in response to the NRA’s landmark Supreme Court victory, New York State Rifle & ...

“Sensitive Places” Embolden Criminals and Threaten the Law-abiding

News  

Monday, September 15, 2025

“Sensitive Places” Embolden Criminals and Threaten the Law-abiding

A beyond horrific murder flashed before our eyes in recent weeks, and a nation collectively mourned Iryna Zarutska after the sickening attack that took her life on a public train in Charlotte, North Carolina

Gun Control “Journalist” Says the Quiet Part Out Loud

News  

Monday, September 8, 2025

Gun Control “Journalist” Says the Quiet Part Out Loud

Pure gun control. As in disarmament and banning of firearms. It’s rare that anti-gunners get straight to the exact point that we have been warning of for decades. 

California: Legislature Adjourns with Anti-Gun Bills Headed to the Governor's Desk

Monday, September 15, 2025

California: Legislature Adjourns with Anti-Gun Bills Headed to the Governor's Desk

On Friday the California State Legislature adjourned the 2025 legislative session in typical California fashion, advancing anti-gun legislation to Governor Newsom's desk. Contact Governor Newsome today and urge his veto of AB 1078, AB 1127, AB ...

Colorado: CSSA Files Suit Challenging "Polis Permission Slip" Permit-to-Purchase Law

Tuesday, September 9, 2025

Colorado: CSSA Files Suit Challenging "Polis Permission Slip" Permit-to-Purchase Law

Last week, the Colorado State Shooting Association (CSSA), the official state affiliate of NRA, filed a lawsuit challenging Senate Bill 25-003...

Due Process: The Backbone of Legal Legitimacy

News  

Monday, September 8, 2025

Due Process: The Backbone of Legal Legitimacy

Close observers of the gun debate often see references to due process.

The Desperate Deflection to the “Red State Murder Problem”

News  

Monday, September 8, 2025

The Desperate Deflection to the “Red State Murder Problem”

California Governor Gavin Newsom (D) may have thought he had scored against President Donald Trump in a recent war of words over rampant crime and the deployment of federal law enforcement agents to Democratic-led cities

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.