Protecting Second Amendment Rights
This is an executive order titled Protecting Second Amendment Rights, signed by President Donald J. Trump. It directs the Attorney General to conduct a comprehensive review of federal actions related to firearms from January 2021 through January 2025 to identify actions that may have restricted Second Amendment rights for law-abiding citizens. Within 30 days, the Attorney General must present a proposed plan of action (to be developed with the Domestic Policy Advisor) aimed at protecting Second Amendment rights. The plan should cover a broad set of items including past agency actions, Department of Justice and ATF rules, the so-called enhanced regulatory enforcement policy, White House gun violence prevention materials, litigation positions, firearm and ammunition classifications, and the processing of firearm-related applications. After proposing the plan, the Attorney General will work with the Domestic Policy Advisor to finalize and implement it. The order emphasizes that it does not diminish the authority of federal agencies, does not require new rights, and must be carried out in accordance with law and appropriations. In short, the order creates a process to re-examine federal gun regulations and enforcement actions from recent years with the aim of protecting Second Amendment rights, and it sets up a path for potential policy adjustments based on that review.
Key Points
- 1Within 30 days, the Attorney General must assess federal orders, regulations, guidance, and actions from 2021–2025 to identify any that may infringe on Second Amendment rights and present a plan to protect those rights.
- 2The review must cover specific areas, including DOJ/ATF rules, the “enhanced regulatory enforcement policy” for firearms, White House gun violence prevention materials, litigation positions affecting rights, firearm/ammunition classifications, and the processing of applications to make, manufacture, transfer, or export firearms.
- 3The Attorney General is instructed to finalize the plan in collaboration with the Domestic Policy Advisor and establish a process to implement it.
- 4The order explicitly preserves the authority of executive agencies and the OMB, states the plan must comply with applicable law and appropriations, and clarifies it does not create new legal rights enforceable in court.
- 5It signals potential policy shifts by directing a formal review of recent actions that could influence how guns are regulated or enforced at the federal level.