Best Administration for the Second Amendment Since Reconstruction

I usually avoid quoting long posts in their entirety. I’m making an exception for this because there is stuff here that I was unaware of. Independently any one of these would just be a speed bump for the next anti-gunowner administration. Together, combined with what is coming down the road in the next few years, this is closer to a brick wall.

Via Kostas Moros @MorosKostas:

The second Trump Administration has thus far exceeded all expectations when it comes to its nearly unprecedented defense of the Second Amendment. While Trump’s first term gave us hugely important wins on judicial appointments at SCOTUS and the lower courts, that was just about all we got. This term is much different. We are still getting good judicial picks, but are also making so much more progress beyond that baseline. This has been the first time any Department of Justice has meaningfully championed the Second Amendment since the days of the Freedmen’s Bureau during Reconstruction.

Given that, I thought it made sense to maintain a list summarizing the Trump Administration’s actions related to gun rights. I will do my best to keep this updated. If you can think of important things I missed, list them in the comments below.

LAST UPDATED: September 4, 2026.

General News

1. President Trump issues an executive order to defend the Second Amendment and directing further action.

https://www.whitehouse.gov/presidential-actions/2025/02/protecting-second-amendment-rights

2. Robert Leider selected as General Counsel for ATF

https://www.thefirearmblog.com/blog/atf-appoints-gun-law-scholar-robert-leider-as-chief-counsel-44820109

3. Harmeet K. Dhillon selected as AAG for Civil Rights.

https://www.cbsnews.com/news/trump-san-francisco-harmeet-dhillon-assistant-attorney-general-doj

4. Second Amendment Section of the Civil Rights Division established.

https://www.reuters.com/legal/government/us-justice-department-plans-gun-rights-office-within-civil-rights-unit-2025-11-25

https://www.justice.gov/crt/second-amendment-section

5. US concedes in US v. Peterson that suppressors enjoy some degree of Second Amendment protection and may not be totally banned (an important concession to be used in states with total bans).

https://assets.nationbuilder.com/firearmspolicycoalition/pages/10472/attachments/original/1748040757/2025.05.23_129-2_Government’s_Supplemental_Response.pdf?1748040757

6. “Big Beautiful Bill” zeroes the tax on suppressors and SBRs, though registration requirement remains (Update: enjoined for now, at least as to members of the Plaintiffs orgs in two cases). ATF manages the application surge smoothly.

https://www.thetruthaboutguns.com/suppressor-sales-surge-in-2026/https://www.thetruthaboutguns.com/suppressor-sales-surge-in-2026/

7. Department of Veterans Affairs ceases reporting Veterans to the Federal Bureau of Investigation’s National Instant Criminal Background Check System as “prohibited persons” only because they need help from a fiduciary in managing their VA benefits.

https://news.va.gov/press-room/va-undoes-decades-old-wrong-and-protects-veterans-second-amendment-rights/

8. Robert Cekada confirmed as ATF director:

https://www.govexec.com/management/2026/04/career-agent-confirmed-atf/413209

https://thereload.com/trump-atf-director-nominee-faces-little-pushback-in-confirmation-hearing/

9. During congressional testimony, Cekada confirms the Second Amendment exists for anti-tyranny purposes:

https://www.breitbart.com/2nd-amendment/2026/05/14/atf-director-robert-cekada-second-amendment-created-to-allow-citizens-to-protect-themselves-from-a-tyrannical-government/amp

10. Barry Arrington joins Civil Rights Division, heading up the Second Amendment section.

11. DOJ says the ban on mailing concealable firearms is unconstitutional.

https://thehill.com/regulation/court-battles/5691733-doj-opinion-handguns-usps

12. Justice Department Opens Investigation of Philadelphia Police Department’s Allegedly Unconstitutional Permit Revocation Practices.

https://www.justice.gov/opa/pr/justice-department-opens-investigation-philadelphia-police-departments-allegedly

13. A number of judges have been confirmed to the lower courts, including Emil Bove and Jennifer Mascott in the Third Circuit, both of whom played a role in securing the first circuit court win on “assault weapon” and magazine bans.

https://www2.ca3.uscourts.gov/opinarch/242415p.pdf

14. After losing NFA consolidated cases of Silencer Shop v. ATF and Jensen v. ATF, DOJ decides against seeking to stay the District Court injunction, meaning the registration requirements are unenforceable against the Plaintiffs in the case. But questions remain as of August 13, 2026, including whether DOJ will appeal.

https://twitter.com/ChrisCameronNYT/status/2087913893951590499

15. In an Office of the Legal Counsel Opinion, DOJ concludes that Section 930(d)(3) of title 18, U.S. Code, permits the lawful carrying of constitutionally protected firearms in post offices that are generally open to the public. (This follows SAF’s win on the issue in FPC, et al. v. Bondi).

https://www.justice.gov/olc/media/1457751/dl

16. Tate Adamiak, George Peterson, and others convicted of constitutionally questionable gun-related crimes pardoned.

Civil Rights Lawsuits

1. Sued Los Angeles Sheriff’s Department over its years-long wait times for carry permits. They cited SAF’s lawsuit in their initial pattern-or-practice investigation too.

https://www.justice.gov/opa/pr/civil-rights-division-files-first-department-justice-affirmative-lawsuit-support-gun-owners

2. Sued US Virgin Islands over unconstitutional gun permit denials.

https://www.justice.gov/opa/pr/justice-department-sues-virgin-islands-police-department-unconstitutional-practices

3. Sued DC over its AWB.

https://www.justice.gov/opa/pr/justice-department-sues-district-columbia-unconstitutional-ban-semi-automatic-firearms

4. Sued Denver over its AWB.

https://www.justice.gov/opa/pr/justice-department-sues-city-denver-unconstitutional-weapons-bans

5. Sued Colorado over its mag ban.

https://www.justice.gov/opa/pr/justice-department-sues-state-colorado-unconstitutional-weapons-ban

6. Earlier DC lawsuit amended to include suppressor claim.

https://storage.courtlistener.com/recap/gov.uscourts.dcd.287930/gov.uscourts.dcd.287930.28.0.pdf

7. Sued California over its Glock Ban and Handgun Roster.

https://www.justice.gov/opa/pr/justice-department-sues-california-halt-glock-ban

8. Sued Virginia over its AWB.

https://www.justice.gov/opa/pr/justice-department-sues-commonwealth-virginia-unconstitutional-weapons-bans

9. Sued Montgomery County over sensitive places including churches, parks, and libraries as well as 100 yard buffer zones.

https://www.courtlistener.com/docket/73711844/united-states-v-montgomery-county

Proposed Rulemaking

1. Massive rights restoration process being implemented, with Final Rule published on August 17, 2026. While imperfect (SAF submitted a comment letter, and the final rule addressed some of our concerns), it’s probably the biggest step forward on this front we have yet to see.

https://www.justice.gov/ffrr/media/1458101/dl?inline

https://www.justice.gov/ffrr

2. ATF rule proposed to tighten up the definition of “unlawful user of a controlled substance.” This will help plenty of casual drug users, as well as people who the government can’t prove are anything but casual users.

https://www.federalregister.gov/documents/2026/01/22/2026-01141/revising-definition-of-unlawful-user-of-or-addicted-to-controlled-substance

3. Repealed “zero tolerance.”

https://www.atf.gov/rules-and-regulations/enhanced-regulatory-enforcement-policy

4. A variety of smaller changes listed here:

https://www.atf.gov/rules-and-regulations/atf-launches-new-era-reform

5. On April 29, 2026, package of reforms announced:

https://www.atf.gov/rules-and-regulations/atf-launches-new-era-reform

Text of proposed rules:

https://www.federalregister.gov/agencies/alcohol-tobacco-firearms-and-explosives-bureau

SAF summary thread:

https://twitter.com/2AFDN/status/2049631641484898347

Amicus Briefs Filed by the US in Favor of the Second Amendment

1. Two briefs in Wolford. The first of which was likely why the case got cert despite its preliminary injunction posture:

https://www.supremecourt.gov/DocketPDF/24/24-1046/357921/20250501150148754_24-1046-Cert-Amicus-US.pdf

https://www.supremecourt.gov/DocketPDF/24/24-1046/385635/20251124144506656_24-1046%20-%20Wolford%20v.%20Lopez.pdf

2. They have also filed amicus briefs in the 3rd and 7th Circuit AWB/mag ban cases, calling such bans unconstitutional. Harmeet Dhillon participated in oral arguments in the 7th Circuit.

https://www.justice.gov/crt/media/1404361/dl?inline

https://assets.nationbuilder.com/firearmspolicycoalition/pages/6504/attachments/original/1758223486/2025.09.18_095_United_States_Amicus.pdf?1758223486

3. They filed an amicus brief in Rhode, the California ammunition background check case. They also participated in oral argument.

https://michellawyers.com/wp-content/uploads/2026/01/2026-01-05-Amicus-Brief-of-US-ISO-Plaintiffs-Appellees.pdf

4. They filed an amicus brief in Granata v. Campbell, a challenge to the Massachusetts handgun roster. Will also argue in Granata.

https://assets.nationbuilder.com/firearmspolicycoalition/pages/6166/attachments/original/1769651117/2026.01.28_USA_Amicus.pdf?1769651117

https://assets.nationbuilder.com/firearmspolicycoalition/pages/6166/attachments/original/1785966203/2026.08.05_Motion_to_Participate_in_Oral_Argument.pdf?1785966203

5. Amicus brief filed in Viramontes and Grant at SCOTUS to end AWBs nationwide.

https://www.supremecourt.gov/DocketPDF/25/25-238/423192/20260904171730387_25-238GovtAmicusBr.pdf

Things we are NOT happy with:

NOTE: while I list defense of certain federal laws here as a negative, note that it

shouldn’t be surprising.

1. Their ongoing defense of the NFA. Update as of August 12, 2026: According to Rep. Clyde, DOJ will no longer defend the NFA’s registration requirements. Many questions to be answered, however, and it’s not clear currently if they will simply not seek a stay, or not appeal at all.

2. They also defend other laws too like the Gun free School Zones Act, even as applied to those walking around their own front yard or only just slightly off of it.

3. No pardon/commutation (at least not yet) for guys like Adamiak and Hoover. This one is disappointing because President Trump has not been shy about issuing other pardons and commutations. Preposterous someone like George Santos gets released while Adamiak sits in jail.

September 4, 2026 update: Adamiak and some others have been pardoned. Hoover has not been yet, though.

4. Scope of relief issue. Relief should not be limited to only those who are members of the association at the time a lawsuit was filed, as the government now argues. That would break the whole point of associational standing and force us to do costly class actions instead. Fortunately, it seems DOJ has backed off of this extreme position, albeit with some pressure from the courts.

5. Rushing Hemani and its bad facts to the front of the line of marijuana cases (though this one ended up working out for us with a great ruling from SCOTUS in Hemani).

supremecourt.gov/opinions/25pdf/24-1234_g2bh.pdf

6. President Trump’s poor comments following Pretti shooting. Ditto a couple other admin officials like former DHS Secretary Noem.

https://www.pbs.org/newshour/politics/watch-you-cant-have-guns-you-cant-walk-in-with-guns-trump-says-of-alex-pretti-killing

7. Benson betrayal: DOJ (Jeannine Pirro) files brief urging DC Court of Appeals to grant rehearing en banc. This is another one that seems to have ended up OK, thanks to the Third Circuit giving us a circuit split anyway. But it was still a needless error.

https://thereload.com/analysis-jeanine-pirro-may-have-just-fumbled-a-long-sought-hardware-ban-circuit-split-for-gun-rights-activists/

8. Ongoing defense of the “Engaged in the Business” rule, even as courts have stricken it.

Note: This work is made possible by the Second Amendment Foundation. If you enjoyed this article consider becoming a member or donating!

https://saf.org/join-saf

Follow us at @2afdn

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