Gun rights groups don't entirely agree with the Trump Department of Justice's (DOJ) decision to create a new Second Amendment rights division.
Lawyers frustrated by the Justice Department's recent handling of the lawsuits are holding off on issuing a ruling, hoping its creation is more than a publicity stunt.
“The Department of Justice's position on the Second Amendment today is not much better than it has been over the last four years,” Gun Owners of America (GOA) Senior Vice President Erich Pratt told the Daily Caller News Foundation. “We have been opposed by the Department of Justice in almost every lawsuit we have had.”
The Justice Department has submitted briefs urging courts close reduce GOA cases challenging policies that have since been reversed and protection restrictions such as the ban on machine guns in 1986. One of the biggest problems of GOA is the Ministry of Justice. opposing their trial registration requirements of the National Firearms Act of 1934 (NFA), which group stated “an open attack on the Second Amendment.”
Several firearms manufacturers have filed a lawsuit. lawsuit Challenging the PFA together with the GOA in July. When Congress reset The $200 tax on certain firearms in the One Big Beautiful Bill eliminated the “constitutional basis” on which the NFA's registration requirements were based, the groups argue.
“The new office does not erase this history of animosity,” Pratt continued. “However, the Civil Rights Division has already taken action in support of the Second Amendment over the past few months, and if the dedicated office builds on this work and produces real results, we will welcome it. Words and press releases mean nothing; gun owners will judge this Department by its actions.”
The Justice Department did not respond to a request for comment.
In his report dated November 20 inningsThe Justice Department said the question is not whether the NFA is “good policy” but “whether Congress exceeded its enumerated powers or violated a fundamental right in making this policy choice.” (RELATED: Second Amendment Supporters Ask SCOTUS to Overturn Nearly 100-Year-Old Gun Restrictions)
Georgia Rep. Andrew Clyde, along with 30 other Republican members of Congress, called DOJ take the position that the NFA is unconstitutional.
“It remains our clear intention that these transfer and registration requirements no longer apply to firearms, which are now subject to zero tax for the reasons outlined above,” their Nov. 10 letter said.
Other organizations, including the National Rifle Organization (NRO), filed their own lawsuit against the NFA in October.
The Firearms Policy Coalition, which is a party to the NRA lawsuit, referred the DCNF to its statement from its President Brandon Combs, who proposed proposals for opening a new division of the Ministry of Justice. He wrote that the Justice Department needs to work with litigators to support the Supreme Court's consideration of “serious cases” and to reconsider its position “to stop undermining the very rights this new agency is designed to protect.”
“If this new section is led by true Second Amendment litigation experts, faithfully committed to the original public meaning of the Constitution, and fully coordinated with groups and firms already pursuing a long-term strategy, it could be a significant step forward in the fight for freedom and the right to keep and bear arms,” Combs explained. “A strong long-term strategy is already underway across the country, so the Department of Justice should integrate and collaborate rather than start from scratch or go its own way.”
While Harmeet was filming this video, @TheJusticeDept filed this application attacking the right to own silencers. https://t.co/aIarq9FYEs pic.twitter.com/1BhNnKu8EU
— Gun Owners of America (@GunOwners) October 14, 2025
“Welcome Sign”
President Donald Trump issued an executive order order in February on “Protecting Second Amendment Rights,” and the Justice Department has publicly said it will make the Second Amendment a priority. Some groups are pleased with the steps taken by the administration, which stand in stark contrast to how the Biden administration has treated gun owners and manufacturers.
Department of Justice and Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) canceled In April, the Biden administration's “zero tolerance” policy, which imposed strict standards on federal firearms dealers, led to license cancellations. withdrawn due to errors in paperwork.
The Ministry of Justice also proposed rule in July, it will “provide citizens whose firearm rights are currently limited by legal disability the opportunity to restore those rights.”
In October, the U.S. Department of Justice sued the Los Angeles County Sheriff for an alleged “pattern and practice of violating the Second Amendment rights of law-abiding citizens who seek concealed carry weapon (CCW) permits.” Civil Rights Division announced department investigation in March.
The Justice Department is now backing a Supreme Court challenge to Hawaii's concealed carry restrictions, arguing in a November amicus brief. brief that the government “cannot introduce licensing regimes that effectively exclude the right to public transport.”
Despite disappointment over certain positions in the lawsuits, many groups remain hopeful that meaningful change is already underway.
“The Administration has made significant progress in eliminating attacks on our Second Amendment rights, but there is still much work to be done and some notable room for improvement,” Bill Sack, director of legal operations for the Second Amendment Foundation, told DCNF. “The Department of Justice has taken a proactive stance on state gun control laws, going so far as to issue opinions to several courts concurring with SAF's position. The Department of Justice has also stated its commitment to investigating patterns and practices of constitutional violations committed by state and local officials.”
Larry Keane, General Counsel, National Shooting Sports Foundation (NSSF) called the new office is “a positive and welcome sign that Washington, D.C. is finally beginning to recognize that our efforts are part of the solution.”
“This marks a historic course correction in federal policy and underscores the Trump administration's ongoing efforts to assess ongoing violations of Second Amendment rights,” he said. wrote in a message dated December 2.
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