Protecting Second Amendment Rights
This presidential order prioritizes the protection of Second Amendment rights.
It directs the Attorney General to review all executive actions since January 2021 that may have infringed upon these rights and develop a plan to address any identified infringements.
The review includes examining existing regulations, litigation stances, and inter-agency activities concerning firearms.
The order emphasizes the importance of the Second Amendment to liberty and security.
Arguments For
- Intended benefits: Safeguarding Second Amendment rights, ensuring individual liberty, preventing perceived government overreach.
- Evidence cited: The Second Amendment itself is cited as foundational to other rights.
- Implementation methods: Attorney General review of executive actions, development of a plan of action, inter-agency collaboration.
- Legal/historical basis: The President's constitutional authority and the Second Amendment are the legal basis for this action.
Arguments Against
- Potential impacts: Potential challenges to public safety initiatives aimed at reducing gun violence, potential legal challenges to the order itself, logistical difficulties in completing a comprehensive review within the timeframe.
- Implementation challenges: The breadth and complexity of the review, potential for political opposition, coordination across numerous agencies.
- Alternative approaches: Collaboration with Congress on legislation addressing gun violence and Second Amendment rights, focusing on specific areas of concern rather than a wide-ranging review.
- Unintended effects: Increased polarization surrounding gun control, potential for overreach in restricting access to firearms for law-abiding citizens, potential for increased legal challenges and litigation.
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered:
Section 1. Purpose. 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.
Sec. 2. Plan of Action. (a) Within 30 days of the date of this order, the Attorney General shall examine all orders, regulations, guidance, plans, international agreements, and other actions of executive departments and agencies (agencies) to assess any ongoing infringements of the Second Amendment rights of our citizens, and present a proposed plan of action to the President, through the Domestic Policy Advisor, to protect the Second Amendment rights of all Americans.
(b) In developing such proposed plan of action, the Attorney General shall review, at a minimum:
(i) All Presidential and agencies’ actions from January 2021 through January 2025 that purport to promote safety but may have impinged on the Second Amendment rights of law-abiding citizens;
(ii) Rules promulgated by the Department of Justice, including by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, from January 2021 through January 2025 pertaining to firearms and/or Federal firearms licensees;
(iii) Agencies’ plans, orders, and actions regarding the so-called “enhanced regulatory enforcement policy” pertaining to firearms and/or Federal firearms licensees;
(iv) Reports and related documents issued by the White House Office of Gun Violence Prevention;
(v) The positions taken by the United States in any and all ongoing and potential litigation that affects or could affect the ability of Americans to exercise their Second Amendment rights;
(vi) Agencies’ classifications of firearms and ammunition; and
(vii) The processing of applications to make, manufacture, transfer, or export firearms.
Sec. 3. Implementation. Upon submission of the proposed plan of action described in section 2 of this order, the Attorney General shall work with the Domestic Policy Advisor to finalize the plan of action and establish a process for implementation.
Sec. 4. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department, agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
The order begins by stating its authority and then outlines the purpose, plan of action, implementation, and general provisions.
Section 1 declares the Second Amendment's importance to liberty and security, asserting that the right to bear arms must not be infringed.
Section 2 directs the Attorney General to review executive actions since January 2021, assessing potential infringements on Second Amendment rights and proposing a plan to protect these rights.
The review includes a wide range of documents and actions related to firearms.
Section 3 details the implementation process, requiring collaboration between the Attorney General and the Domestic Policy Advisor to finalize and implement the plan.
Section 4 includes general provisions, clarifying that the order does not override existing agency authority or create new legal rights.