Protecting Second Amendment Rights
This presidential order prioritizes the protection of Second Amendment rights.
It directs the Attorney General to review federal actions from 2021-2025 that might infringe on these rights and to develop a plan to safeguard them.
The plan must encompass various federal regulations, policies, and court positions related to firearms.
Arguments For
- Intended benefits: Reinforces the importance of Second Amendment rights and aims to prevent government overreach in regulating firearms.
- Evidence cited: The order asserts the Second Amendment is foundational to other rights and must not be infringed. It doesn't cite specific evidence of infringement beyond a claim of actions during the 2021-2025 period.
- Implementation methods: The Attorney General will conduct a review and propose a plan for action. This involves examining numerous federal actions, rules, and positions on firearms.
- Legal/historical basis: The order's authority is claimed to stem from the President's constitutional and statutory powers.
Arguments Against
- Potential impacts: The review could lead to the weakening or repeal of existing gun safety regulations. This may increase gun violence and pose safety risks. The review process may be extensive and time-consuming.
- Implementation challenges: Gathering and assessing the vast quantity of information required within a short timeframe will be difficult. Political opposition to the order and its outcomes is likely.
- Alternative approaches: Bipartisan efforts towards responsible gun ownership through policy solutions that balance Second Amendment rights with public safety concerns could be explored.
- Unintended effects: The order could lead to legal challenges and may exacerbate existing tensions surrounding gun control.
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.
This section establishes the order's purpose: to protect Second Amendment rights.
It underscores the amendment's importance in safeguarding individual liberty and security, asserting that these rights are fundamental and should not be restricted.
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.
This section outlines the Attorney General's responsibilities.
Within 30 days, the Attorney General must review various federal actions, rules, and policies from 2021-2025 for potential infringements on Second Amendment rights.
This review includes a wide range of materials, including DOJ rules, White House reports, and court positions, to comprehensively assess the impact of government actions on Second Amendment rights.
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.
This section describes the next steps after the Attorney General completes the review.
The Attorney General and the Domestic Policy Advisor will collaborate to finalize the proposed plan and establish a process for its execution.
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.
This section includes general provisions clarifying the order's scope and limitations.
It states that the order doesn't diminish the authority of executive departments or the OMB's budgetary functions.
Implementation must comply with existing laws, contingent on available funds.
Finally, it specifies that the order does not create any new legal rights or benefits.