Trump Issues Executive Order: Protecting Second Amendment Rights – Where are we now?

Possible Answer: Hurry up and wait. It'll be better than nothing. Now, say thank you.

February 10, 2025 By Darwin Nercesian, News Field Editor

It should come as no surprise that conservatives have been on the edge of their seats waiting for action on the Second Amendment since President Trump was inaugurated on January 20. After all, we have freedom to restore and promises to keep. Being among those conservatives, I have sat in waning patience as gun rights have taken a back seat to executive orders the likes of Withdrawing from The World Health Organization, Keeping Men Out of Women’s Sports, and Promoting Beautiful Federal Civic Architecture. The President has even promised an order to bring plastic back, ending the tyranny of paper straws. In all fairness, an opening day order, Restoring Freedom of Speech and Ending Federal Censorship, addressing the First Amendment, may have had me thinking our next liberty in the Bill of Rights was on deck. Still, it remained a dormant issue until Friday, February 7.

Just in time for the weekend, the White House announced the Protecting Second Amendment Rights executive order, causing hand slapping and cork popping with cheers of “We’re back” and “Winning” reverberating across the internet. Well, as a lover of a crisp high five and an even bigger fan of chilled champagne, I’m all for a well-earned celebration, but as a realist, I’d prefer to break down whether or not this is really the moment.

After dispensing with a statement of purpose and highlighting the foundational significance of the Second Amendment, the executive order goes on to Section 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.”

While there has been plenty of time to identify subjects easily diagnosed as “ongoing infringements,” such as the National Firearms Act (NFA) of 1934, the Gun Control Act (GCA) of 1968, and the Hughes Amendment buried as a provision of the Firearms Owners' Protection Act (FOPA) of 1986, I’ll entertain the 30-day autopsy of the Second Amendment proscribed in this section. It would be easier to swallow if the examiner wasn’t the red-flag queen of confiscation, Pam Bondi, but I’ll be happy to see her prove me wrong.

“(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

In section (b), the operative words, and those that will allow the President to “pass the buck” are “at a minimum.” This is important as sections (i) and (ii) specifically outline Presidential and agency actions, including those of the DOJ and ATF, between 2021 and 2025. How Bondi interprets the order is a factor that will impact how effective the order can be. To that extent, I find it curious that the dates specified focus solely on the Biden administration era. Could it be that the President would prefer his AG not have to walk back issues under Trump’s first administration like the bump stock ban, support for under 21 gun buy bans and red-flag laws, which Bondi herself was instrumental in advising when she was Florida’s Attorney General? You remember. “Take the guns first, go through due process second.” And what was Bondi’s opinion when President Trump stated, “I don’t know why anyone needs an AR-15.” and considered a national ban in his first term? This story, based on White House memos, was released in 2023 by pro-gun author and writer Emily Miller who is also a big Trump supporter. We shall see.

Trump Tweet from 2018 calling for gun legislature for bump stocks — President’s Trump’s last term wasn’t that supportive of the Second Amendment at all as seen by his own words. (Photo Provided by Author)

If Bondi glosses over the “at a minimum” and sticks to the Biden era, we may see the rollback of the ATF zero-tolerance policy with federal firearms licensees and the removal of federal red-flag state incentives, I mean bribes. However, what tangible difference will we see for the average citizen and gun owner? Nothing. Not a damn thing. We must go back further if we mean to effect change and heal the wounds that tyranny has afflicted upon the Second Amendment and our Constitution in the past century.

Section 3 of the executive order deals with 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 doesn’t deal so much with implementation as it says that once the proposed plan is submitted, the AG and a policy adviser will finalize the plan, which should have been finalized before submission, then kick around ideas for implementation.

I know many people out there will cheer anything President Trump touches, and I have voted for the man three times myself, so I’d say he has my support. I’m wondering if I have his. We can’t all be right on every issue. It is not a standard I’d like to be held to, so it isn’t one I will judge any other human being on. I want to be wrong here. Send me hate mail if I am, and I will respond to every piece with an apology and admission that I fell short in my analysis of the President’s actions to restore the Second Amendment rights of Americans.

The Second Amendment is not a mystery. I don’t think it is a coincidence that the Founders kept it so short and sweet, with a plain text that anyone with a sense of intellectual morality could interpret consistently without effort or need for mental gymnastics. It isn’t a puzzle. It is a directive that recognizes Americans’ right to life, liberty, and the pursuit of happiness without fear from those who would cause us harm or unjustly take our property, including and especially our government.

About the Author: Darwin Nercesian is a long-time gun rights advocate and shooter of targets far, far away. As a News Field Editor at Firearms News, Darwin writes about the Second Amendment, firearms, and related gear. Follow him on Instagram, X, and YouTube @DTOE_Official.