02-12-2025

Protecting Second Amendment Rights

Executive OrderView the Original .pdf
View the Original .pdf

The 1-Minute Brief

What: Executive Order 14206 directs the Attorney General to review all executive and agency actions related to firearms taken between January 2021 and January 2025. [Executive Order 14206, Section 2(a)] The goal is to identify and create a plan to undo actions from the previous administration that are deemed to infringe on Second Amendment rights. [Executive Order 14206, Section 1]

Money: The order itself does not allocate new funds and is to be implemented "subject to the availability of appropriations." [Executive Order 14206, Section 4(b)] The primary cost will be administrative, related to the Justice Department's review.

Your Impact: If fully implemented, this order could lead to the reversal of several key federal firearm regulations, potentially making it easier to acquire certain types of firearms and accessories, and reducing regulatory scrutiny on licensed gun dealers.

Status: The Executive Order was signed and ordered effective on February 7, 2025.

What's Actually in the Order

This Executive Order initiates a top-to-bottom review of the previous administration's gun policies. It directs the Attorney General to identify actions that may have "impinged on the Second Amendment rights of law-abiding citizens" and to develop a plan to reverse them. [Executive Order 14206, Section 2(b)(i)]

Core Provisions:

  • The Attorney General has 30 days from the date of the order to complete a review and submit a proposed plan of action to the President. [Executive Order 14206, Section 2(a)]
  • The review must specifically examine:
    • All rules from the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) concerning firearms issued between January 2021 and January 2025. [Executive Order 14206, Section 2(b)(ii)] This includes regulations on pistol-stabilizing braces and "ghost guns."
    • The "enhanced regulatory enforcement policy," also known as the "zero-tolerance" policy, for Federal Firearms Licensees (FFLs). [Executive Order 14206, Section 2(b)(iii)]
    • All reports and documents from the White House Office of Gun Violence Prevention. [Executive Order 14206, Section 2(b)(iv)]
    • The U.S. government's legal positions in court cases related to the Second Amendment. [Executive Order 14206, Section 2(b)(v)]
    • How agencies classify firearms and ammunition. [Executive Order 14206, Section 2(b)(vi)]

Stated Purpose (from the Sponsors):

The order's stated purpose is to protect the Second Amendment, which it describes as an "indispensable safeguard of security and liberty." [Executive Order 14206, Section 1] It asserts that the right to keep and bear arms is "foundational to maintaining all other rights held by Americans" and "must not be infringed." [Executive Order 14206, Section 1]

Key Facts:

Affected Sectors: Firearms manufacturers, federally licensed dealers, gun owners, and gun safety organizations.
Timeline: The Attorney General's plan is due by March 9, 2025. Implementation would follow.
Scope: The order has a national scope, affecting federal laws and regulations across the United States.

The Backstory: How We Got Here

Timeline of Events:

The Biden Administration (2021-2025):

Following a series of high-profile mass shootings, the Biden administration initiated several executive and legislative actions aimed at curbing gun violence. This Executive Order is a direct response to those policies.

  • June 2021: The Justice Department, under President Biden, announced an "enhanced regulatory enforcement policy" for FFLs. This "zero-tolerance" policy targeted dealers who willfully violated gun laws, aiming to reduce the flow of firearms into the illegal market.
  • April 2022: The ATF issued a final rule to regulate "ghost guns"—unserialized, privately made firearms. The rule clarified that kits used to build these weapons qualify as "firearms" under federal law, requiring serial numbers and background checks for purchase.
  • June 2022: President Biden signed the Bipartisan Safer Communities Act, the most significant federal gun safety legislation in nearly three decades. It expanded background checks for buyers under 21, provided funding for state red flag laws, and closed the "boyfriend loophole" for domestic violence convictions.
  • September 2023: The White House established the first-ever Office of Gun Violence Prevention, tasked with implementing existing laws and coordinating a government-wide response to gun violence.
  • Ongoing Litigation: Throughout this period, the administration defended its policies against numerous lawsuits from gun rights groups, particularly concerning the rules on ghost guns and pistol braces.

Why Now? The Political Calculus:

  • Fulfilling a Mandate: The issuance of this order on February 7, 2025, signals that a new administration has taken office with a different approach to firearm regulation. It represents the fulfillment of a likely campaign promise to reverse the perceived overreach of the previous administration.
  • Response to Pressure: Gun rights organizations and their supporters have been actively campaigning and litigating against the regulations targeted in this order, viewing them as an infringement on constitutional rights.
  • A New Sheriff in Town: The order explicitly directs a review of the Justice Department's prior actions. By tasking the new Attorney General with this review, the White House is asserting its new policy direction and using its executive authority to quickly change course.

Your Real-World Impact

The Direct Answer: This order directly affects current and prospective gun owners, firearms manufacturers, and licensed dealers, with indirect effects on the broader public.

What Could Change for You:

Potential Benefits:

  • For gun owners and hobbyists, the reversal of ATF rules could make it legal again to purchase "buy build shoot" kits for making firearms at home without background checks.
  • Owners of pistols with stabilizing braces might no longer face the prospect of having to register them as short-barreled rifles.
  • Federal Firearms Licensees (FFLs) could face less stringent compliance inspections, as the "zero-tolerance" policy might be rescinded.

Possible Disruptions or Costs:

Short-term (First Year):

  • Regulatory uncertainty during the review period could disrupt the firearms industry as manufacturers and dealers await final decisions on what is and is not legal.

Long-term:

  • The potential removal of regulations on ghost guns could make it more difficult for law enforcement to trace firearms used in crimes.
  • A rollback of enhanced background checks or other provisions from the Bipartisan Safer Communities Act could alter the process for purchasing firearms.
  • Gun violence prevention advocates argue that these reversals would dismantle critical, life-saving measures.

Who's Most Affected:

Primary Groups: Individuals who own or wish to purchase firearms and accessories that were regulated between 2021 and 2025; federally licensed firearms dealers; and manufacturers of firearm kits and accessories.
Secondary Groups: Law enforcement agencies that trace firearms, victims of gun violence, and communities with high rates of gun violence.
Regional Impact: The impact will be national, but could be felt more acutely in states with fewer state-level firearm regulations.

Bottom Line: This executive order sets the stage to erase the signature gun policies of the previous administration, making certain firearms easier to obtain and reducing federal oversight of the gun industry.

Where the Parties Stand

Republican Position: "Restoring Second Amendment Freedoms"

Core Stance: The executive order aligns with the party's platform of strongly defending the Second Amendment and removing what it sees as burdensome and unconstitutional restrictions on law-abiding gun owners.

Their Arguments:

  • ✓ The order rightly targets regulations that bypassed Congress and were implemented through executive action.
  • ✓ The "zero-tolerance" policy for gun dealers was unfair, punishing small businesses for minor clerical errors.
  • ✗ Policies like the ghost gun rule and the pistol brace rule criminalized law-abiding citizens and infringed on their right to build and own firearms.

Legislative Strategy: To support the administrative actions that will follow this executive order, and potentially pass legislation to codify these reversals into law, making it harder for a future administration to change them back.

Democratic Position: "Undermining Common-Sense Gun Safety"

Core Stance: The executive order is a dangerous rollback of necessary and life-saving measures that were put in place to address the epidemic of gun violence.

Their Arguments:

  • ✓ The policies under review, like the Bipartisan Safer Communities Act, were effective, often bipartisan, and necessary for public safety.
  • ✓ Regulating ghost guns is crucial for law enforcement, as untraceable firearms are a growing problem in violent crime.
  • ✗ Dismantling the Office of Gun Violence Prevention and other initiatives will weaken the federal government's ability to protect communities.

Legislative Strategy: To publicly oppose the administration's actions, use congressional oversight to scrutinize the review process, and build public pressure to keep the existing regulations in place.

Constitutional Check

The Verdict: ✓ Constitutional

Basis of Authority:

The President's authority to issue this executive order stems from Article II of the U.S. Constitution, which grants the President executive power. This power includes the authority to direct the operations of the executive branch and its departments, such as the Department of Justice.

Relevant Portion of the Constitution (Article II, Section 1): "The executive Power shall be vested in a President of the United States of America."

Constitutional Implications:

Executive Prerogative: This order is a valid exercise of the President's authority to set policy and direct the enforcement priorities of the executive branch.
Second Amendment: The core of the order is a directive to align the executive branch's actions with a specific interpretation of the Second Amendment. While the order itself is constitutional, the actions it directs—specifically, the repealing of existing firearm rules—will be judged against court precedents on the scope of the Second Amendment.
Separation of Powers: The order directs a review of agency rules. The underlying legal question, debated heavily in recent years, is whether the agencies had the authority from Congress to create those rules in the first place. This order seeks to resolve that question by revoking the rules.

Potential Legal Challenges:

While the executive order itself is unlikely to be successfully challenged in court, the actions that result from it will almost certainly face legal challenges. Gun violence prevention groups and potentially some states are likely to sue the administration to block the repeal of regulations like the ghost gun and pistol brace rules, arguing that the repeals are arbitrary and capricious under the Administrative Procedure Act and endanger public safety.

Your Action Options

TO SUPPORT THIS EXECUTIVE ORDER

5-Minute Actions:

  • Call Your Rep/Senators: Capitol Switchboard: (202) 224-3121. "I'm a constituent from [Your City/Town] and I urge [Rep./Sen. Name] to support the administration's efforts to protect Second Amendment rights by reviewing and repealing harmful regulations, as initiated by Executive Order 14206."

30-Minute Deep Dive:

  • Write a Detailed Email: Contact your elected officials and the Attorney General's office to express support for a full repeal of the targeted regulations.
  • Join an Organization: [List of advocacy groups supporting the order.]
    • National Rifle Association (NRA)
    • Gun Owners of America (GOA)
    • Second Amendment Foundation (SAF)
    • National Association for Gun Rights (NAGR)
    • California Gun Rights Foundation

TO OPPOSE THIS EXECUTIVE ORDER

5-Minute Actions:

  • Call Your Rep/Senators: Capitol Switchboard: (202) 224-3121. "I'm a constituent from [Your City/Town] and I urge [Rep./Sen. Name] to oppose Executive Order 14206 and fight to keep common-sense gun safety regulations in place."

30-Minute Deep Dive:

  • Write a Letter to the Editor: Submit a letter to your local newspaper arguing that repealing federal gun safety rules is a danger to the community.
  • Join an Organization: [List of advocacy groups opposing the order.]
    • Everytown for Gun Safety
    • Brady United
    • Giffords
    • Moms Demand Action
    • March for Our Lives