The Civil Rights Division of the United States Department of Justice (DOJ) is launching a new unit dedicated to protecting Americans’ gun rights.
The office, known as the Second Amendment Rights Section, is scheduled to open on December 4. The office’s focus will be on investigating local policies and laws that violate an American’s right to keep and bear arms as protected by the Second Amendment of the United States Constitution. The section is a direct result of Donald Trump’s Executive Order (EO) on gun rights, issued earlier this year.
The Civil Rights Division of the DOJ was created by the Civil Rights Act of 1957. Its mission is to investigate systemic violations of constitutional rights. For most of the department’s history, it has ignored the gun rights of Americans. In the past, it has concentrated chiefly on race issues. The expansion of the Civil Rights Division does not require congressional approval. All that is needed is for the DOJ to notify Congress of the reorganization, which it did yesterday.
The DOJ Civil Rights Division has challenged local and state laws it believes run contrary to the Second Amendment. Recently, the Department of Justice sued the Los Angeles Sheriff’s Department over delays in issuing concealed carry permits. That case is working its way through the court system. The new section will run that suit going forward.
Also, Harmeet Dhillon, the head of the Department of Justice’s Civil Rights Division, recently argued before the Federal Circuit Court of Appeals for the Seventh Circuit against Illinois’ “assault weapons” ban, known as the Protect Illinois Communities Act (PICA). This action was the first time the Department of Justice argued against a gun law in the federal court system.
Earlier this week, the Civil Rights Division filed an amicus brief in support of the petitioners in Jason Wolford v. Anne Lopez, Attorney General of Hawaii, which challenges Hawaii’s stringent firearm laws. The law prohibits carrying firearms on private property unless the property owner gives the gun owner explicit permission. The Ninth Circuit upheld the Hawaiian “vampire” law, and the plaintiffs filed for a writ of certiorari with the Supreme Court. The writ of cert was granted, and for the first time ever, the federal government filed a brief on behalf of the plaintiffs.
Although the Civil Rights Division has taken pro-gun actions, the DOJ has also upset the Second Amendment community by taking what are perceived as anti-gun actions. These actions include requesting membership rolls from the Firearms Policy Coalition (FPC) and the Second Amendment Foundation (SAF) after the two gun rights groups defeated the post office gun ban in court.
Pam Bondi and the Department of Justice have also vehemently defended the National Firearms Act (NFA) by using anti-gun groups’ talking points in a case filed by Silencer Shop, Gun Owners of America (GOA), Firearms Regulatory Accountability Coalition (FRAC), and Palmetto State Armory (PSA). The DOJ argued that short-barreled rifles and shotguns need additional regulations because they are “easily concealable,” which could apply to all handguns. They also demonized suppressors and machine guns in the same case. A DOJ spokesperson responding to the criticism claimed that the courts should not have the power to overturn laws passed by Congress, putting the DOJ in direct opposition to Madison v. Marbury, a legal precedent set over 200 years ago.
The DOJ’s actions have been a mixed bag for gun owners. Many hope the new section will address states’ abuses of the Second Amendment, but are also concerned about the DOJ’s previous actions.
About John Crump
Mr. Crump is an NRA instructor and a constitutional activist. John has written about firearms, interviewed people from all walks of life, and on the Constitution. John lives in Northern Virginia with his wife and sons, follow him on X at @crumpyss, or at www.crumpy.com.
