The wheels of justice may turn slowly, but they are indeed turning under the new administration, as evidenced by a recent motion by the Department of Justice in a Second Amendment-related case pertaining to Michigan’s concealed carry pistol licensing scheme.
In the case of Gun Owners of America, Inc., et al., v. U.S. Department of Justice, before the Sixth Circuit Court of Appeals, the DOJ filed a motion for a 30-day extension to file a response brief. GOA filed their opening brief on December 6, 2024. The case is a challenge to the ATF’s advisory interpreting how the Gun Control Act’s background-check requirements apply to Michigan’s concealed carry permit issuance.
Although the plaintiffs oppose, the reasoning laid out in the motion may be indicative of a positive, new direction that’s related to the recent Trump Executive Order:
Following a change in administration, there is new agency leadership at the Department of Justice, the Federal Bureau of Investigation, and ATF. In addition, on February 7, 2025, President Trump issued an Executive Order titled Protecting Second Amendment Rights….
As a result of the change in agency leadership as well as the President’s Executive Order, ATF leadership has been conducting a more comprehensive review of the Bureau’s previous determinations regarding which state permits qualify as background check alternatives under Section 922(t)(3).
Whether this memo portends a positive or negative outcome remains to be seen, but it at the very least acknowledges the Executive Order.
We are tracking all Second Amendment-related actions by the Justice Department in our Pam Bondi Action Tracker timeline which is updated as news becomes available.
