Trump Plans to Create New DOJ Second Amendment Rights Section
The Firearms Policy Coalition (FPC) reports that the Trump Administration will establish a dedicated Second Amendment rights section within the Civil Rights Division of the Department of Justice. The new section is expected to commence work in early December. FPC President Brandon Combs stated: “This is a great move by the Trump Administration. Gun owners certainly have something to be thankful for this year.”
The objective is to fight unconstitutional state and local restrictions on the right to keep and bear arms. The new DOJ staff will work to challenge local and state governments that continue to defy U.S. Supreme Court precedent and block the exercise of fundamental Second Amendment rights.
This move by the Trump administration recognizes that the Second Amendment warrants the same institutional protection as all other enumerated rights. FPC also emphasized the importance of appointing leadership with deep expertise in original-public-meaning jurisprudence to ensure that the new section’s work remains faithful to the Constitution.
“If this new section is led by genuine Second Amendment litigation experts, faithfully grounded in the original public meaning of the Constitution, and fully coordinated with the groups and firms already driving the long-term strategy, this could be a significant step forward for the fight for liberty and the right to keep and bear arms.” — Brandon Combs, FPC President.
FPC can work with the Administration to ensure that the new DOJ section is structured for long-term success, led by advocates and experts committed to proper constitutional interpretation, and fully aligned with the strong national strategy to restore the right to keep and bear arms at all levels of government.
A three-judge panel of the 10th U.S. Circuit Court of Appeals blocked New Mexico’s 7-day waiting period on firearm purchases. In the Ortega v Grisham case, the 10th Circuit panel ruled that the law infringes on Second Amendment rights. Judge Tymkovich, writing for the court, determined that the right to keep and bear arms necessarily includes the lawful acquisition of firearms and, therefore, “cooling off” waiting periods infringe on Second Amendment-protected conduct. The court noted that waiting periods are a modern invention that are unsupported by our nation’s historical tradition of firearm regulation. The case has been sent back to a lower court for injunction specifics. CLICK HERE for full 10th Circuit Decision.
Background: New Mexico enacted a law requiring a 7-day waiting period for firearm purchases. The law was challenged by the NRA and Mountain States Legal, arguing it infringed on the Second Amendment. The lawsuit cited concerns about delayed access to firearms for victims of domestic violence and other crimes.
After the Second Amendment victory in Ortega v. Grisham, John Commerford, NRA-ILA Executive Director, released the following statement:
“In courtrooms across America, the NRA is successfully leading the charge to protect law-abiding Americans’ Second Amendment rights. The 10th Circuit has sided with the NRA and held that radical waiting period laws are indeed unconstitutional. This decision not only impacts gun owners in New Mexico, Colorado, Utah, Wyoming, Kansas, and Oklahoma, but serves as a key piece in dismantling similar gun control laws across the country.”
History of the case
On May 15, 2024, the NRA, in coordination with the Mountain States Legal Foundation, filed Ortega v Grisham, a lawsuit challenging New Mexico’s radical seven-day waiting period law.
On Monday, July 22, 2024, the U.S. District Court for the District of New Mexico denied the plaintiffs’ motion for a temporary restraining order and preliminary injunction against New Mexico’s law requiring individuals to wait seven days before taking possession of any firearm they purchase.
Today, August 19, 2025, the 10th Circuit Court reversed and remanded this decision, ruling the law is unconstitutional and ordered a preliminary injunction to ensure the rights of law-abiding citizens are no longer infringed. The full ruling can be found HERE.
This ruling was based on the landmark NRA-backed Supreme Court case New York State Rifle & Pistol Association v. Bruen, which held that gun control laws are unconstitutional unless they are consistent with our nation’s historical tradition of firearm regulation.
On Thursday, August 14, 2025, the Federal Ninth Circuit Court of Appeals has issued its mandate striking down California’s “one-gun-per-month” purchase restriction law. This was noteworthy as it was the first time the notoriously liberal 9th Circuit has issued a final judgment striking down a law as unconstitutional under the Second Amendment. This follows CA Attorney General Bonta declining to ask the 9th Circuit to rehear the case en banc (i.e. with full panel of all judges).
“California has managed to do what many thought impossible: violate the Second Amendment so blatantly that even the Ninth Circuit won’t uphold it”, explained FPC Action Foundation President Cody J. Wisniewski, counsel for FPC. “We are proud to have secured the rights of peaceable people and look forward to many more wins against California’s unconstitutional laws.”
California “1-in-30″ Firearm Ban Struck Down in Ninth Circuit Decision
The Ninth Circuit Court of Appeals has ruled that a California law restricting gun purchases to just one every 30 days is absolutely unconstitutional. With a unanimous 3-0 decision, a Ninth Circuit panel held that California’s “one-gun-per-month” gun ban law clearly violates the Second Amendment of the U.S. Constitution. The Ninth Circuit ruling in Nguyen v. Bonta can be viewed at firearmspolicy.org/nguyen.
“California has a ‘one-gun-a-month’ law that prohibits most people from buying more than one firearm in a 30-day period. The district court held that this law violates the Second Amendment. We affirm. California’s law is facially unconstitutional because possession of multiple firearms and the ability to acquire firearms through purchase without meaningful constraints are protected by the Second Amendment and California’s law is not supported by our nation’s tradition of firearms regulation”, wrote Ninth Circuit Judge Forrest. At the end of the 24-page decision, Judge Forest added: “The Second Amendment expressly protects the right to possess multiple arms. It also protects against meaningful constraints on the right to acquire arms because otherwise the right to ‘keep and bear’ would be hollow.”
Plaintiffs in the case included two FFL gun dealers, the Firearms Policy Coalition (FPC), the Second Amendment Foundation (SAF), San Diego County Gun Owners PAC, and six private citizens including Michelle Nguyen, for whom the case is named.
The Nguyen v. Bonta lawsuit challenged the California statute that only allows for the purchase of one handgun or semi-automatic centerfire rifle, from a licensed dealer within a 30-day period. Plaintiffs secured a summary judgment win at the District Court, which California then appealed to the Ninth Circuit. The Ninth Circuit affirmed the District Court decision, striking down the gun rationing law as impermissible under the Second Amendment.
President Trump Issues Executive Order Ending Banking Discrimination
NSSF, the Firearm Industry Trade Association, applauds President Donald Trump’s recent signing of an Executive Order Guaranteeing Free and Fair Banking for All Americans. This Executive Order enforces a firearm industry priority to end banking discrimination against individuals and entities based on political beliefs. For years, firearm industry companies and gun sellers have been denied banking and financial services by banks espousing anti-Second Amendment policies.
“President Trump is yet again delivering on his promise to protect Americans’ rights. This time by ensuring that banks cannot discriminate against firearm-related businesses…” said Lawrence G. Keane, NSSF Sr. V.P. and General Counsel. “American businesses, and firearm businesses in particular, must have fair access to essential banking services that are based on an objective criteria and creditworthiness. Politics should not enter into a bank’s lending decision.”
President Trump’s Executive Order cited attempts by the previous administration to compel corporate banks to surveil Americans exercising their Second Amendment rights. The President also noted the illegal “Operation Choke Point”, executed by the Obama administration, former U.S. Attorney General Eric Holder and the Department of Justice (DOJ), along with the Federal Deposit Insurance Corporation (FDIC), to deny essential banking services to firearm-related businesses based on an ill-defined “reputational risk” criteria.
Banking regulators during the Biden administration also illegally pressured banks to refuse banking services based on politics. Before Biden took office, the first Trump administration pushed a Fair Access to Banking rule by the Office of the Comptroller of the Currency (OCC). However, in 2021, the Biden administration halted that Fair Access Rule before it could become effective.
Gun Owners of America (GOA) and Gun Owners Foundation (GOF), together with Pennsylvania resident Bonita Shreve, have filed a lawsuit against the United States Postal Service (USPS), seeking to overturn the Prohibition-era federal ban on the mailing of handguns. The Complaint alleges that this ban is “inconsistent with Founding-era historical tradition” of firearm regulation.
Since 1927, federal law has denied ordinary Americans the right to utilize the mails to ship handguns. Yet all the while, the USPS handles handgun shipments on behalf of businesses and government officials every single day. This ban is as arbitrary and discriminatory as it is violative of the Second Amendment — and its criminal penalties are steep.
Erich Pratt, Senior Vice President of Gun Owners of America, stated: “This complaint demonstrates that the federal government’s Prohibition-era ban on mailing handguns violates the Second Amendment. GOA is proud to stand with its members and supporters to ensure that their constitutional rights are protected, and we are committed to ending all anti-gun ‘rules for me, but not for thee’, in any form they may take.”
Sam Paredes, speaking for the Gun Owners Foundation, added: “This law was passed in a different time. Our complaint makes clear that every day this ban remains in effect, it infringes on the rights of law-abiding Americans who are fully entitled to exercise all of their Second Amendment freedoms. In America, using the Postal Service to mail handguns to other law-abiding individuals should not be a felony.”
Smart Option for Shipping Handguns Currently
Until Federal policy changes, persons without FFLs cannot use USPS to ship handguns — doing that can get you arrested! But there IS an efficient, cost-effective way to ship handguns — ship via UPS (United Parcel Service) using ShipMyGun.com labels.
If you want to ship handguns, as a private party (non-FFL), there are now very limited options. You cannot use the U.S. Postal Service, and, since September 2021, you cannot use FEDEX. Yes, that’s right, FEDEX no longer allows non-FFLs to ship handguns.
So UPS is currently the only choice for handguns (for non-FFLs). But this can be very expensive because of rules requiring overnight shipping. There IS an alternative that can save you significant money. By ordering your shipping labels from ShipMyGun.com, you could save $50 or more on UPS handgun shipping. It is quick and easy.
ShipMyGun.com has a large FFL database, so you can verify the recipient’s address and FFL status. The ShipMyGun.com website has a simple to use label-printing process. All handgun shipments are fulfilled via next day air. Long guns are shipped quickly via ground and typically arrive within 3-5 business days. (NOTE: For rifles and shotguns it is still possible to use U.S. Postal Service following USPS rules.)
Will you be traveling out of state this spring? Or do you have questions about your own state’s firearms laws? Then you’ll want to have quick access to summaries of gun laws in America’s 50 states. Here’s a very valuable online resource you may want to bookmark.
The NRA-ILA (Institute for Legislative Action) has a great feature on the NRA-ILA’s homepage. From the NRA home page, NRA-ILA.org, you can instantly access a host of information for all 50 states. There is a menu box that includes all 50 states plus the District of Columbia, New York City, and Guam. Look for the box that appears below the “NRA-ILA Top Stories Banner”:
Alternatively, look at the UPPER LEFT for three horizontal lines. Click that to open a drop-down menu. Then select the third line Gun Laws > State Gun Laws. That will open a page with all the 50 states listed in order A to Z. Or bookmark the NRA-ILA State Gun Laws Page.
Shown below is part of the NRA-ILA’s coverage for Georgia, site of the 2025 NRA Annual Meetings and Exhibits. There is a summary of the most important Georgia gun laws. Below that is a map showing the states that recognize Georgia carry permits.
Virginia Governor Glenn Youngkin has vetoed two dozen anti-gun bills passed by the Democrat-controlled Virginia General Assembly. These bills would have curtailed individual gun rights and attacked gun dealers/manufacturers throughout the Commonwealth. The NRA and NSSF (National Shooting Sports Foundation) praised Governor Youngkin for standing up to those who want to destroy gun rights in Virginia.
The NRA praised Gov. Youngkin for his actions to preserve Second Amendment rights: “[We] thank Governor Youngkin for standing strong in his support for the Second Amendment by vetoing the litany of gun control bills pushed through the General Assembly this year,” said John Commerford, Exec. Director of the NRA Institute for Legislative Action (NRA-ILA). “For the second year in a row, [Virginia] gun control activists tried to enact dozens of radical, California-style laws that would have severely restricted the Second Amendment rights of gun owners in the Commonwealth. The NRA applauds Governor Youngkin for upholding his promise to protect our Constitutional freedoms.”
The bills vetoed by Governor Youngkin came from the long wish list of radical gun control activists. This included attempts to restrict the Constitutional rights of 18- to 20-year-old adults, dramatically expand gun-free zones that would have left law-abiding Virginians defenseless and enact a mandatory waiting period to take possession of a legally-purchased firearm. In addition, the vetoed legislation would have banned a wide range of common firearms used for hunting, competition, and self-defense
Notable anti-gun bills vetoed by Gov. Youngkin this year include:
SB 848 — Remove the right of anybody under 21 years of age to purchase certain semiautomatic rifles mislabeled as “assault weapons.”
SB 891 — Mandates 5-day waiting period of five days for the purchase and transfer of firearms.
SB 1181 and HB 1607 — Bans the sale of many semiautomatic firearms and bans magazines having a capacity of more than 10 rounds.
SB 1329 — Imposes restrictions on concealed carry and storage in vehicles.
SB 1450 and HB 1608 — Creates new civil liabilities for companies engaged in the sale, manufacturing, distribution, or marketing of firearm-related products.
CLICK HERE for the official list of Virginia legislation vetoed by Gov. Youngkin so far this year. This includes the two dozen anti-Second Amendment bills he recently vetoed.
The NSSF notes that the defense of Second Amendment rights by Governor Youngkin proves that Elections DO matter. All gun owners should register and VOTE to ensure that your rights are preserved. Take time to research candidates and support those who will protect your Second Amendment rights.
Brownells hosts the 4th Annual 2A Day (Second Amendment Day) on February 22, 2025, a nationwide event dedicated to celebrating Second Amendment rights, advocating for their preservation, and strengthening the firearms community. On 2A Day, you can visit a participating range and take advantage of free firearm rental or limited free ammo. There are participating ranges in Scottsdale, Arizona; Johnston, Iowa; Ballwin, Missouri; Omaha, Nebraska; and Auburn, Virginia. And some other local ranges may offer free firearm rentals or limited free ammo. Or head to the range of your choice and shoot for fun.
With support from sponsors including CCI, Federal, Fiocchi, Henry, Hornady, Leupold, Magpul, Remington, Smith & Wesson, and Volquartsen, 2A Day provides multiple ways for firearm enthusiasts to participate:
CELEBRATE — Brownells is partnering with shooting ranges across the country to offer free range time and limited complimentary ammunition for participants.
ADVOCATE — Brownells encourages gun owners to actively support the Second Amendment by engaging with lawmakers at both the state and federal levels. The Brownells 2A Day webpage provides links to help individuals contact their elected representatives.
JOIN — Gun owners are encouraged to join national and state organizations committed to protecting gun rights, such as the 2nd Amendment Foundation (SAF) and the Gun Owners of America (GOA). Brownells will donate 4% of all sales from February 18-23 to 2A advocacy groups.
Second Amendment Day Official Target (Download for FREE)
“February 22nd is a day we, as a nation, can recognize, celebrate and do our part to secure one of the most important rights guaranteed by our Constitution – the right to keep and bear arms,” said Pete Brownell, Chairman of the Board at Brownells. “I hope Americans from all walks of life visit the range on this one day – 2/22 … and safely exercise their Second Amendment right, which is the underpinning of safety and security in America.”
On February 7, 2025 President Donald Trump signed a new Executive Order intended to protect and restore Second Amendment rights throughout the United States. Here is the text of the Executive Order:
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered:
Section 1. Purpose. The Second Amendment is an indispensable safeguard of security and liberty. It has preserved the right of the American people to protect ourselves, our families, and our freedoms since the founding of our great Nation. Because it is foundational to maintaining all other rights held by Americans, the right to keep and bear arms must not be infringed.
Sec. 2. Plan of Action. (a) Within 30 days of the date of this order, the Attorney General shall examine all orders, regulations, guidance, plans, international agreements, and other actions of executive departments and agencies (agencies) to assess any ongoing infringements of the Second Amendment rights of our citizens, and present a proposed plan of action to the President, through the Domestic Policy Advisor, to protect the Second Amendment rights of all Americans.
(b) In developing such proposed plan of action, the Attorney General shall review, at a minimum:
(i) All Presidential and agencies’ actions from January 2021 through January 2025 that purport to promote safety but may have impinged on the Second Amendment rights of law-abiding citizens;
(ii) Rules promulgated by the Department of Justice, including by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, from January 2021 through January 2025 pertaining to firearms and/or Federal firearms licensees;
(iii) Agencies’ plans, orders, and actions regarding the so-called “enhanced regulatory enforcement policy” pertaining to firearms and/or Federal firearms licensees;
(iv) Reports and related documents issued by the White House Office of Gun Violence Prevention;
(v) The positions taken by the United States in any and all ongoing and potential litigation that affects or could affect the ability of Americans to exercise their Second Amendment rights;
(vi) Agencies’ classifications of firearms and ammunition; and
(vii) The processing of applications to make, manufacture, transfer, or export firearms.
Sec. 3. Implementation. Upon submission of the proposed plan of action described in section 2 of this order, the Attorney General shall work with the Domestic Policy Advisor to finalize the plan of action and establish a process for implementation.
Sec. 4. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department, agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
Gun Owners of America Praises New Executive Order
Washington, D.C. Press Release — Gun Owners of America (GOA) applauds President Trump for taking bold action to fulfill one of his key campaign promises. In signing an Executive Order today, President Trump laid out a plan for dismantling what he previously referred to as “all of the Biden [gun control] disasters”. This historic move sets the stage for a broader restoration of Second Amendment rights… GOA stands ready to work alongside this administration to protect and expand the rights of law-abiding gun owners nationwide.
Aidan Johnston, GOA’s Director of Federal Affairs, issued the following statement: “Gun owners fought hard to elect a president who would take a sledgehammer to Biden’s unconstitutional gun control policies, and today, President Trump proved he’s serious about that fight. We hope that this executive order is just the first of many victories reestablishing our Second Amendment rights during the Trump administration.”
On Day 2 of SHOT Show 2025 (Wednesday), six state governors attended a notable Forum. As you might expect, ALL the governors were Republicans from “Red” states. Topics included Second Amendment rights, the importance of the firearm industry, the legislative landscape, how and why special interests threatening the firearm and ammunition industry, and how states can help sustain Second Amendment rights. We commend these state leaders for attending SHOT Show and showing concern for the interests of shooters and hunters. We hope that more Governors, including Florida’s Re DeSantis, will attend next year. And perhaps even President Trump may even head to Las Vegas in 2026.
Present at the 2025 NSSF Governors’ Forum are (in alphabetical order of states):
➣ Idaho – Governor Brad Little (Republican)
➣ Montana – Governor Greg Gianforte (Republican)
➣ Nebraska – Governor Jim Pillen (Republican)
➣ Nevada – Governor Joe Lombardo (Republican)
➣ Oklahoma – Governor Kevin Stitt (Republican)
➣ Wyoming – Governor Mark Gordon (Republican)
Forum with State Attorneys General
Along with the Governors’ Forum there was also a moderated Forum with several Attorneys General of U.S. states. This 2nd Annual State Attorneys General Forum covered legal developments to protect Second Amendment rights and the firearm industry from antigun “lawfare” attacks. The forum focused on ongoing legal battles, legal questions, and the amicus briefs these attorneys general submitted opposing threats to the Second Amendment. Members also discussed dealing with the anti-gun policies pushed by the Biden administration, and the never-ending battle against politically-driven attacks on the firearm industry and Second Amendment rights.
Attorneys General Attending the Forum included (in alphabetical order of states):
Georgia – Attorney General Chris Carr
Kansas – Attorney General Kris Kobach
Missouri – Attorney General Andrew Bailey
Montana – Attorney General Austin Knudsen
Ohio – Attorney General Dave Yost
West Virginia – Attorney General J.B. McCuskey
“The firearm industry and gun owners have true courtroom champions in these attorneys general. They are the vanguard [who fought] four years of attacks by the Biden-Harris administration against our industry and our Second Amendment rights”, said Lawrence Keane, NSSF Sr. VP & General Counsel. These attorneys general, the leading law enforcement officials in their states, fight back against the wave of “lawfare” brought by gun control groups that weaponize courts against American civil liberties.
ShipMyGun.com has a large FFL database, so you can verify the recipient’s address and FFL status. The ShipMyGun.com website has a simple to use label-printing process. All handgun shipments are fulfilled via next day air. Long guns are shipped quickly via ground and typically arrive within 3-5 business days. (NOTE: For rifles and shotguns it is still possible to use U.S. Postal Service following USPS rules.)
