President Trump’s recent executive order promises to drastically alter the landscape for Second Amendment rights, but will it withstand the inevitable legal challenges?
Quick Takes
- President Trump issued an executive order aimed at overturning Biden-era gun reforms.
- The order requests Attorney General Pam Bondi to review policies infringing on Second Amendment rights.
- The NRA supports the order, while gun reform advocates criticize it.
- The Supreme Court chose not to re-evaluate specific state bans on firearms.
Executive Order Details
President Donald Trump signed an executive order designed to reverse several gun control measures introduced by the Biden administration. The directive tasks Attorney General Pam Bondi with identifying executive actions that potentially infringe on Second Amendment rights. The focus is on policies implemented between January 2021 and January 2025, specifically those impacting regulations on ghost guns, expanded background checks, and increased oversight of gun dealers.
The order also addresses court case guidance related to gun rights. Although not scrutinized in this review are existing federal laws impacting the Second Amendment. The directive maintains its focus on policies perceived as overreaching by the Biden administration, signaling a rollback to previous standards. The review encompasses presidential and agency actions, DOJ and ATF rulemakings, White House gun violence policies, legal positions in Second Amendment litigation, and firearm classification policies.
President Trump issued an Executive Order yesterday directing the Attorney General to conduct an in-depth review of actions taken during the Biden Administration, including by ATF, and to "present a proposed plan of action" for protecting the Second Amendment. Read the full… pic.twitter.com/TgVL4gGwYx
— Chuck Michel (@CRPAPresident) February 8, 2025
Response from Stakeholders
The National Rifle Association hailed Trump’s executive action. Doug Hamlin of the NRA stated, “Promises made to law-abiding gun owners are being kept by President Donald J. Trump”. Gun reform advocates, however, have criticized the executive order, arguing that it could endanger public safety and undermine reductions in gun homicides achieved under Biden’s policies. They insist that previous measures were compatible with Second Amendment rights, seeking “restraint and objectivity” from this administration’s review.
Among the policies targeted are the Biden administration’s efforts to close the gun show loophole and defend new gun regulations in court. Specific actions under review include the ATF’s “zero tolerance” policy, which was perceived as excessively targeting law-abiding gun owners and businesses. Critics like Gabby Giffords warn that rolling back these policies may result in a step backward for public safety efforts.
DETAILS of President Trump’s Executive Order on the Second Amendment to roll back Biden’s gun-control!
❌ A statement asserting that our gun rights are
an ‘indispensable safeguard of security and liberty’ then states that the Right to Keep and Bear Arms shall not be…— the Gun Lobby (ist) 🌲 (@2aDorrBro) February 7, 2025
Legal Challenges and Future Implications
Legal challenges are almost certain, as demonstrated by the Supreme Court’s current stance, not wishing to reassess certain state prohibitions on firearms. The executive order might pave the way for alterations in ATF enforcement priorities and could impact certain regulations like the pistol brace rule and the “Engaged in the Business” rule.
The Department of Justice might also be instructed to put civil and criminal proceedings on hold to fit in with the new firearms policy. This anticipates a broader legal battle, as stakeholders wait to see how these policy changes will play out in court. As the administration reconciles with the complex landscape of firearm regulation, both the court’s decisions and the comprehensive review led by Bondi will likely dictate the extent of these changes.
