Opinion
The Department of Justice started operating on July 1, 1870. The formulation of the DOJ was the result of H.R. 1328 being enacted by President Ulysses S. Grant on June 22, 1870. The department was necessary in order to combat the subversion of rights of emancipated slaves in the wake of the Civil War. There was a need to establish order in the reunified country. Where do we stand today? Is Attorney General Pam Bondi rising to the occasion during the alleged most pro-Second Amendment administration in history?
The Need For The Department of Justice
“The authority of the United States, which has been vindicated and established by its military power, must undoubtedly be asserted for the absolute protection of all its citizens in the full enjoyment of the freedom and security which is the object of a republican government …” President Grant wrote to Congress on April 7, 1869. The need to establish order and protect the rights of all U.S. citizens was a priority for President Grant.
What rights was President Grant interested in protecting? In a 1872 letter to the House of Representatives, Grant recounted reports of “lawlessness” in South Carolina. Of the infringements, an oral account was given to President Grant by his attorney general, where Grant said in his letter the counties in question “were under the sway of powerful combinations, properly known as ‘Kuklux Klans.’”
Grant further alleged that the Klan was using force and terror in order “to deprive colored citizens of the right to bear arms and of the right to a free ballot; to suppress schools in which colored children were taught, and to reduce the colored people to a condition closely akin to that of slavery[.]” Grant noted that unless “more active members [of the Klan] were placed under restraint,” witnesses would not come forward to testify against the crimes that were occurring.
How the Tides Have Changed
The irony of how the Department of Justice and President of the United States went from being concerned about emancipated slaves having access to their Second Amendment rights, to modern-day gun owners living through the weaponization of the DOJ against them shouldn’t be lost. The Biden-era DOJ was used to deprive as many people of their right to keep and bear arms as possible. Other administrations can’t exactly be praised for their active or even passive roles in the disarmament of the citizens either.
President Trump to the Rescue(?)
Gun owners have expressed their frustrations with both the Trump Administration and Attorney General Pam Bondi. President Trump has been in office just over 255 days. As much as gun owners want to think the Second Amendment would be the administration’s first priority, it’s not. It can’t be. That’s not to say our right to keep and bear arms isn’t a priority. However, after four years of Biden-Harris, and decades of potentially malicious and entrenched government workers on the government dole, which mole should get whacked first?
President Trump has pledged his support of the Second Amendment repeatedly — in words and actions. He even gave a shout out to gun owners and the National Rifle Association the night before his inauguration. “I have to tell ya, we had great support from every gun group, including the NRA…Really worked hard,” then-President-elect Trump said during his January 19 victory rally. Yes, talk is cheap.
What are the “Gun Groups” Doing About it?
Five national Second Amendment groups — that we know of — are in contact with the White House. Through separate interviews — with FPC, GOA, NRA-ILA, NAGR, and CCRKBA — all of them have reported that there’s a communication conduit, the Trump Administration is listening to them, and there are conversations occurring.
An often overlooked concept when it comes to lobbying was best summed up by Citizens Committee for the Right to Keep and Bear Arms Chairman Alan Gottlieb. In an interview, Gottlieb noted that the organization has “been obviously working very closely with the Trump Administration.” However, he stipulated that “we don’t like to get into details talking about who we’re working with and how we’re accomplishing it.”
Director of Communications Taylor Rhodes of the National Association for Gun Rights parroted that in part. When discussing the matter with Rhodes, he said, “I can’t say all that much about it, but I will say we have been in contact with the White House.”
Some of the organizations are more open about what lobbying efforts are occurring between the groups and the Trump Administration/DOJ. Others are not as open. Unfortunately, that means the public at large, as well as membership, might not end up being privy to successes that are made. That’s just the way it is — like it or not.
“What’s ‘xyz’ group doing about it?” you might ask. Consider how much is getting done behind closed doors.
A New Era Under Bondi?
The recent announcement from the Department of Justice going after Los Angeles over permitting abuses is huge. Previously reported, Bondi is suing Los Angeles County Sheriff’s Department “due to their pattern or practice of infringing the Second Amendment rights of law-abiding citizens seeking concealed carry weapons (CCW) permits.”
In the complaint United States of America v. Los Angeles County Sheriff’s Department, it’s alleged that the department is subverting rights not outright, “but through a deliberate pattern of unconscionable delay that renders this constitutional right meaningless in practice.”
Another recent pro-Second Amendment move from the DOJ included a filing in a case out of the U.S. Third Circuit Court of Appeals. Three combined lawsuits including Association of New Jersey Rifle & Pistol Clubs v. Attorney Gen. New Jersey, concerns New Jersey’s prohibitions on magazines over 10 rounds as well as so-called “assault weapons” restrictions.
Bondi’s DOJ filed an amicus brief in support of the plaintiffs in Association of New Jersey Rifle & Pistol Clubs, et.al. v. Attorney Gen. New Jersey, stating that, “A ban on a class of arms that is commonly used for ‘traditionally lawful purposes’ violates the Second Amendment.” The brief further notes that the “Court should hold that New Jersey’s complete bans on possessing overwhelmingly popular rifles such as the AR-15 and magazines with a more-than-ten-round capacity flagrantly violate the Second Amendment.”
Many other pros and cons of what the DOJ has done are further chronicled in: “DOJ Is Still Making Anti-Gun Decisions & We Need To Let Trump Know ~ VIDEO.”
What Else Could be Going on?
Scrutiny and criticism of both President Trump and Attorney General Bondi is rampant. However, one must examine the other side of the coin. That’s not to say don’t be critical. No doubt, the alleged most pro-Second Amendment administration in the nation’s history should be doing everything in its power to return rights back to the people. What else could be going on in some of these cases?
Former President Obama had his DOJ defend the Clinton-era Defense of Marriage Act. The case made it all the way to the U.S. Supreme Court. Famously, President Obama then had the DOJ file a brief in support of Windsor, in United States v. Windsor. Then the government declined to defend the law in the U.S. Supreme Court. That’s how gay marriage became accepted under federal law.
Is there a push to get some Second Amendment cases to the Supreme Court using a similar vehicle? Hard to say for certain. As pointed out, there have been some suspect moves on part of the DOJ. But they’ve also done some magnificent things.
Other Offenders
We’ve seen a departure from past DOJs when it comes to handling the Second Amendment. Infringements that are occurring in Los Angeles are also occurring in other so-called “Bruen-response” states and jurisdictions. New Jersey, New York, Massachusetts, Maryland, Illinois, and other jurisdictions are playing games. They’re obstructing the issuance of permits and the Second Amendment rights of people.
Excessive delays and still-used subjective permitting standards are commonplace in both Massachusetts and New Jersey. There’s a chronicled history of known racial bias, permitting delays, and use of subjective standards in the denials of permits to carry in New Jersey — so much so a non-profit did an independent study showing Black applicants in the Garden State are 10 times more likely to be denied a permit under an illegal subjective standard than their white counterparts. (In one county, Blacks are denied 50 times more)
The Time to Step it up is Now
Has the Trump Administration and Bondi DOJ cut through enough red tape? Are we going to see more positive changes? Or, are there still too many cretins hiding in the corners and making issues by defending bad federal law?
Regardless of what vehicle we’re looking at, now’s the perfect time for Bondi and the DOJ to step up their efforts and launch a full frontal assault on Second Amendment prohibitionists across the entire U.S. The City of Lost Angels isn’t the only place that could use a lawsuit; it’s time to serve these other bad actors and stop defending bad law.
About John Petrolino
John Petrolino is a US Merchant Marine Officer, writer, author of Decoding Firearms: An Easy to Read Guide on General Gun Safety & Use and NRA certified pistol, rifle, and shotgun instructor living under and working to change New Jersey’s draconian and unconstitutional gun laws. You can find him on the web at www.johnpetrolino.com on twitter at @johnpetrolino, facebook at @thepenpatriot and on instagram @jpetrolinoiii .
From the article: Has the Trump Administration and Bondi DOJ cut through enough red tape? Are we going to see more positive changes? Or, are there still too many cretins hiding in the corners and making issues by defending bad federal law? There is still a lot to be done but the answer to are we going to see more positive changes is yes, we are! Pam directed Harmeet Dhillon to go to Portland and investigate why when a reporter was in the midst of the creation terrorist gang ANTIFAgs and was being pushed and yelled at and cornered, why… Read more »