Questions Remain as Trump DOJ Leadership Signal Change In Litigation Strategy for Second Amendment

Attorney General Pam Bondi has clearly signaled a strong commitment to protecting Second Amendment rights for law-abiding Americans, a stance underscored by her Chief of Staff, Chad Mizelle. Mizelle recently affirmed via Twitter that protecting these rights, including reconsidering litigation positions on key issues such as silencers, is a high priority for the Department of Justice.  

Recently, Mizelle also publicly supported Second Amendment attorney Robert Leider being named ATF assistant director and chief legal counsel, tweeting praise for Leider’s robust defense of constitutional rights in court. This endorsement further underscores Mizelle’s—and by extension, Attorney General Bondi’s—commitment to reshaping DOJ’s approach to Second Amendment litigation. Yet, despite this clear direction from DOJ leadership, it seems some DOJ attorneys haven’t quite “gotten the memo.”

As Mark W. Smith, host of Four Boxes Diner tweeted this morning, 

Dear Chad: Your DOJ staff attorneys have NOT gotten the 2A message. In Brown v. ATF in US Court of Appeals, Fourth Circuit, DOJ attorneys just filed a letter attacking the 2A rights of young American adults. @AGPamBondi
@ChadMizelle47
@FBIDirectorKash

Case Name:Steven Brown…

— Mark W. Smith/#2A Scholar (@fourboxesdiner) March 24, 2025

As Smith points out, recent and troubling examples emerged in the ongoing litigation, Steven Brown v. ATF, currently before the U.S. Court of Appeals for the Fourth Circuit (Case No. 23-2275). In this case, DOJ attorneys filed a supplemental authority letter actively undermining the Second Amendment rights of young American adults.

The letter from DOJ Civil Division attorney Steven H. Hazel approvingly cites the recent Eleventh Circuit decision upholding Florida’s ban on gun sales to adults younger than 21, noting “[t]hese and other aspects of the en banc Eleventh Circuit’s decision support the government’s arguments here.”

Indeed, the federal restrictions at issue in this case restrict only the sale of handguns, not all firearms, and apply only to sales by federalf irearms licensees, not all sales, and are thus narrower than the state law the Eleventh Circuit upheld. For the reasons given in the Eleventh Circuit’s opinion and in the government’s prior filings in this Court, the federal restrictions should be sustained.

This action starkly contrasts with this most recent public statement made by Mizelle, who emphasized the Department’s renewed commitment to safeguarding constitutional rights. The disconnect raises significant questions about internal consistency and whether the entire DOJ is aligned behind Bondi’s new strategy. 

It’s no secret that the wheels of bureaucracy within the DOJ can turn slowly, often frustratingly so. Policy shifts from leadership don’t always immediately permeate through every division and individual attorney. This bureaucratic inertia means that clear directives from the top can get diluted or ignored as they trickle down through layers of internal hierarchy, highlighting the challenge Attorney General Bondi and her team face in fully implementing their pro-Second Amendment agenda. 

It is critical for the DOJ to present a unified and coherent stance on constitutional rights. Mixed messaging not only weakens the Department’s credibility but also creates uncertainty among the public and within the courts. Such confusion is harmful to the responsible, law-abiding citizens who depend on clear guidance regarding their rights.

Attorney General Bondi and Chad Mizelle have made commendable strides in steering the DOJ back toward a robust defense of Second Amendment freedoms. However, ensuring this shift translates consistently into courtroom practice requires immediate attention. Mizelle and Bondi must proactively reinforce their vision across all levels of DOJ, holding attorneys accountable to the clearly articulated goals and constitutional commitments of their leadership.

In short, the message is clear: it’s time for all DOJ attorneys to get on board with Attorney General Bondi’s pro-Second Amendment agenda, or step aside. Americans deserve clarity, consistency, and unwavering defense of their constitutional rights.