The Second Amendment appears to be making a strong comeback.
The Department of Justice (DOJ) has set today (Dec. 4) as a deadline to open a new office within its Civil Rights Division called the Second Amendment Rights Section. Not surprisingly, the notion that the constitutional right to bear arms is a civil right – and should be treated as such – has rendered the left apoplectic. Established by an executive order issued by President Donald Trump, the office is to “assess any ongoing infringements” of gun rights and “present a proposed plan of action,” according to the presidential document, to expand gun rights protections by scrutinizing local laws that effectively limit a citizen’s right to bear arms.
Initially, the Civil Rights Division of the DOJ investigated racial discrimination. However, local laws that interfere with a citizen’s constitutional right to bear arms are indeed a civil rights violation.
The need to protect this crucial right was brought to light when the Los Angeles Sheriff’s Department was accused of slow-walking concealed-carry permits. LA residents complained loudly that their requests for concealed carry licenses were taking an unreasonably long time. Gun rights groups also filed a lawsuit regarding the onerous process for obtaining a concealed-carry license, coupled with overburdening fees.
Gun Rights Shall Not Be Infringed
The Second Amendment reads: “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” It’s the last phrase, “shall not be infringed,” that the DOJ will watch carefully. In a memo on the new department, Attorney General Pam Bondi wrote: “For too long, the Second Amendment, which establishes the fundamental individual right of Americans to keep and bear arms, has been treated as a second-class right. No more. It is the policy of this Department of Justice to use its full might to protect the Second Amendment rights of law-abiding citizens.
This bold statement echoes language in the president’s executive order, which states:
“[The] Second Amendment is an indispensable safeguard of security and liberty. It has preserved the right of the American people to protect ourselves, our families, and our freedoms since the founding of our great Nation. Because it is foundational to maintaining all other rights held by Americans, the right to keep and bear arms must not be infringed.”
Meanwhile, behind the scenes, the Justice Department is wiping away a number of Biden-era policies that Second Amendment advocates say encroach and infringe on the gun rights afforded to Americans. On the chopping block is a March 2023 order that expands background check requirements. As well, the Bipartisan Safer Communities Act, which “funded state gun control programs and took steps to close the so-called ‘gun show loophole’ and ‘boyfriend loophole’ for purchasing firearms,” is being considered for elimination, according to Courthouse News Service.
These edicts and others have, for many years, interfered with the right to own and carry a firearm. The Supreme Court, in its landmark decision on New York State Rifle & Pistol Association v. Bruen, attempted to roll back the stifling atmosphere surrounding gun ownership. Still, some states have been working overtime to find ways around Bruen.
A new day is dawning for stalwart supporters of the Second Amendment, but there is plenty of work yet to do to restore unfettered gun rights to the people. Undoing such a panoply of gun control measures will undoubtedly take time. Still, in the end, it will be worth it for the American people to experience the fulsome freedom and liberty of firearm ownership intended by the Founders.
Dig Deeper Into the Themes Discussed in This Article!
Liberty Vault: The Constitution of the United States
Liberty Vault: New York State Rifle & Pistol Association, Inc. v. Bruen
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