DOJ makes welcome announcement on ongoing litigation regarding the Second Amendment

The Department of Justice under Attorney General Pam Bondi appears to be taking a different direction in ongoing litigation about Second Amendment rights.

Bondi’s chief of staff, Chad Mizelle, said on X that protecting Americans’ Second Amendment rights is a “high priority” and that the department will be “re-evaluating some of its recent litigation positions on Second Amendment issues, including silencers.”

‘Your pressure worked’

The announcement comes after the DOJ moved to delay a ruling in the U.S. Fifth Circuit Court of Appeals after the acting U.S. attorney argued that suppressors are not protected under the Second Amendment. It is part of the case U.S. v. George Peterson, where Peterson was convicted of possessing an unregistered suppressor.

In order to obtain a suppressor, purchases have to go through the Bureau of Alcohol, Tobacco, Firearms and Explosives and pay a $200 tax stamp. Suppressors are legal in most states and are used to help prevent hearing damage during recreational use of guns.

“The government now requests this Court delay its ruling on Peterson’s petition for 30 days to allow it an opportunity to further consider its position. On February 7, 2025, the President issued Executive Order 14206, Protecting Second Amendment Rights (EO 14206), directing the Attorney General to examine all executive actions to present a proposed plan to protect the Second Amendment rights of all Americans. In implementing that order, the Department of Justice is re-evaluating its litigation positions regarding silencers,” the government said in its filing.

Bondi following through on President Donald Trump’s executive order is a welcome sign for gun rights advocates, who have been worried about Bondi’s actions on the issue, especially regarding red-flag laws, when she was attorney general in Florida.

“To everyone who helped make a stink about the DOJ’s continuing Biden-era strategy, your pressure worked. … All the federal government’s positions on litigation are controlled by the executive branch, which answers to YOU. That means political tactics work to control lawsuit strategies and we saw that happen over the past two weeks,” said Hannah Hill, vice president of the National Association for Gun Rights’ legal arm.

Hill added that while it should not have taken a pressure campaign to end Biden-era stances on firearms, it was worth it because of the DOJ’s reversal.

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