2A or Not 2A: DOJ Appeal TODAY Could Put Trump’s Gun Rights Claim on Trial with We the People
A federal court ruling has put the future of a 90-year-old gun-control law on a constitutional collision course with the Trump administration — and August 12 could be the day everything changes. For Gun Owners of America (GOA) spokesman Stephen Willeford, the stakes could hardly be higher: Will President Donald Trump’s Justice Department allow a major Second Amendment victory to stand, or will it appeal and fight to preserve the federal registration regime created under the National Firearms Act?
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- Judge Hendricks’ ruling could unravel the NFA’s registration requirements, a win for 2A.
- August 12 could determine whether the Trump DOJ appeals 2A ruling. AAG Brett Shumate has been identified as someone possibly pushing the DOJ to appeal
- An appeal of 2A ruling could challenge Trump’s claim as America’s most pro-2A president.
- Allegations of DOJ pressure to suppress 2A raise questions about bureaucratic influence.
- A stay or extension could postpone the constitutional showdown.
The NFA was enacted in 1934, during the gangster era and amid the government’s effort to target weapons associated with criminals such as Al Capone. But a ruling from U.S. District Judge James Wesley Hendricks has now struck at the constitutional foundation of the law’s registration requirements. Congress recently eliminated the NFA taxes on suppressors, short-barreled rifles, short-barreled shotguns and other weapons. Hendricks ruled that once those taxes disappeared, the government could no longer rely on Congress’ taxing power to justify the associated registration requirements. The judge temporarily stayed his ruling for seven days, giving the DOJ until August 12 to seek appellate relief.
Now, according to reporting discussed by the Guns & Gadgets YouTube channel, DOJ Assistant Attorney General Brett Shumate has allegedly been pushing for an appeal, which would be a slap in the face of the 2A. The channel stresses that the allegation has not been independently verified and that DOJ has neither confirmed nor denied it.
That creates a remarkable political dilemma for Trump, who has repeatedly declared himself the most pro-Second Amendment president ever. If his DOJ appeals, the administration would effectively be asking the Fifth Circuit to preserve federal registration requirements that gun-rights advocates just successfully challenged. If DOJ allows the deadline to expire, however, the NFA’s regulatory structure could begin to unravel — potentially opening the door to a historic rollback of federal gun restrictions.
And there may be a third option: a stay, extension or other procedural maneuver that kicks the confrontation down the road. Willeford can explain what August 12 means legally, what happens if DOJ appeals, and whether the Trump administration can credibly claim to be the most Second Amendment-friendly in history while defending a federal gun-registration system rooted in a 1934 law inspired by the likes of Al Capone.
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Q&A:
- What makes Judge Hendricks’ ruling potentially so consequential for the future of the National Firearms Act?
- How does eliminating the NFA taxes on suppressors, short-barreled rifles and other weapons undermine the constitutional basis for their registration requirements?
- Why is August 12 such a critical deadline, and what happens if the DOJ allows it to expire without appealing?
- President Trump has repeatedly called himself the most pro-Second Amendment president ever. Would appealing this ruling put that claim to the test?
- According to the Guns & Gadgets report, Brett Shoemate is allegedly pushing the DOJ to appeal. How concerned should gun owners be about that allegation?
- If the Trump DOJ does appeal, what would that mean for the administration’s relationship with Second Amendment advocates?
- Could allowing the ruling to stand ultimately trigger the collapse of major portions of the 1934 NFA regulatory regime?
- Is there a third option — such as a stay or extension — that could allow the administration to postpone this constitutional showdown while avoiding an immediate confrontation with either side?
ABOUT STEPHEN WILLEFORD…
Stephen represents Gun Owners of America and is known around the country as the “good guy with the gun” for helping stop the largest Texas mass shooting in the history of the state in 2017. He is available to speak about all gun rights issues, as well as the importance of Gun Owners of America. He is the author of the book A Town Called Sutherland Springs: Faith and Heroism Through Tragedy. You can read more about him at http://www.thebarefootdefender.com and www.gunowners.org
TO SCHEDULE AN INTERVIEW, CALL OR TEXT 512-966-0983 OR EMAIL BOOKINGS@SPECIALGUESTS.COM
