Trump Issues Executive Order to Protect Second Amendment and Gun Owners

Gun owners have been waiting with varying degrees of patience for Donald Trump to do something positive on 2A issues since he was sworn in for his second term, and the president delivered on Friday with a sweeping executive order that could not only undo the twisted ATF rules put in place under the Biden administration, but lead the DOJ to reverse course on its defense of federal gun laws that run afoul of the right to keep and bear arms. 

The order, which is now posted on the White House website, deserves to be read in full, so here you go:

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.

It’s great to see the president instruct Attorney General Pam Bondi to review each of the ATF rules put in place during the Biden administration, but I’m even more gratified by Trump’s directive to re-examine the DOJ’s defense of the current federal statutes relating to our right to keep and bear arms. 

Bondi’s going to be immediately confronted with litigation that’s likely to be a sensitive subject for her. Bondi previously expressed support, and as Florida’s Attorney General, actively defended the state law barring adults under 21 from buying a firearm at retail that was passed after Parkland. A number of district courts (and a few appellate courts as well) have ruled that the Second Amendment applies to adults 18 and older, but the Biden administration and former AG Merrick Garland strenously objected to those decisions. 

So what will Bondi do with, say, the Fifth Circuit’s recent decision that held the ban on retail handgun sales for adults younger than 21 violates their Second Amendment rights, or the Eighth Circuit’s decision handed down a few days ago that suggests the federal ban on gun possession for “unlawful” drug users is far too broad, and instead should be limited only to those who pose a heightened danger to themselves or others based on their use or abuse? 

I’m extremely curious to see where Bondi will come down on these issues, and I’d be lying if I said I wasn’t a little nervous as well. Trump’s executive order is a wonderful way to cap off a very busy week, but it’s now up to the Attorney General to ensure that it’s used to the utmost advantage of our Second Amendment rights.