Trump DOJ Takes Aggressive Stance on Gun Rights: Lawsuits Challenge State Bans, Magazine Limits

The Supreme Court’s 2022 clarification of the constitutional test for gun control laws left many longstanding restrictions on firearm ownership vulnerable to legal challenge. Second Amendment advocacy groups seized on this opportunity, filing numerous lawsuits—often against the Biden administration. Now, these groups have found a powerful ally in the Trump administration, which has taken a proactive role in defending gun rights through federal litigation.

The Justice Department, under the leadership of the Civil Rights Division, has filed multiple lawsuits in recent weeks, including two in Colorado targeting state and local gun laws. Harmeet Dhillon, the assistant attorney general overseeing the Civil Rights Division, argues that both Colorado’s 15-round magazine limit and Denver’s assault weapon ban violate the Second Amendment because they ban firearms and accessories that are “in common use” for lawful purposes. Dhillon contends there is no “historical tradition” to justify these restrictions, citing the Supreme Court’s 2022 framework for evaluating gun laws.

In December 2023, Dhillon applied the same legal argument in a lawsuit against the District of Columbia’s assault weapon ban, filed by the newly established Second Amendment Section within the Civil Rights Division. While federal appeals courts have yet to embrace this argument, four Supreme Court justices—Clarence Thomas, Samuel Alito, Brett Kavanaugh, and Neil Gorsuch—have signaled openness to Dhillon’s reasoning. This suggests the high court may soon weigh in on the constitutionality of assault weapon bans, which often target rifles based on features like pistol grips, folding stocks, and flash suppressors.

Dhillon’s legal strategy extends beyond magazine limits and assault weapon bans. In a December 16 lawsuit, she challenged the U.S. Virgin Islands’ handgun carry permitting system, which imposes a vague and highly discretionary requirement similar to the New York law struck down by the Supreme Court in 2022. Additionally, her investigation into the Los Angeles County Sheriff’s Department—where permit applications can take up to 18 months to process—aligns with the Court’s concerns about bureaucratic burdens on the right to bear arms.

The legal foundation for the Justice Department’s involvement in these cases stems from a federal law authorizing the attorney general to seek civil remedies for a law enforcement “pattern or practice” that deprives individuals of constitutional rights.

“The Constitution is not a suggestion,”

“And the Second Amendment is not a second-class right.”

Despite this aggressive defense of gun rights, the Trump administration’s Justice Department has maintained that the Second Amendment does not apply to broad categories of Americans barred from firearm ownership under federal law. This includes individuals prohibited from possessing firearms due to criteria unrelated to public safety, such as past convictions or immigration status.