Trump’s DOJ Falling Short: Betraying Gun Owners in Key Battles for Second Amendment Rights

In a hard-hitting video from Gun Owners of America (GOA) – above,, the organization blasted the Department of Justice (DOJ) under President Trump for siding with police in a Supreme Court case that threatens the core rights of law-abiding gun owners. The case, Case v. Montana, stems from a warrantless home entry during a welfare check, where officers shot homeowner William Trevor Case after spotting a firearm. GOA’s video highlights the DOJ’s amicus brief supporting Montana’s position, arguing that police don’t need a warrant or probable cause for “emergency aid” entries—a stance that conservatives see as a dangerous loophole for gun confiscation under the guise of community caretaking.

This isn’t an isolated fumble; it’s part of a troubling pattern where Trump’s DOJ has failed to aggressively defend citizens’ gun rights, instead maintaining or even advancing positions that echo the anti-Second Amendment zeal of the Biden era. From gag orders shielding ATF surveillance to proposals banning transgender individuals from owning firearms, the DOJ’s actions have left gun rights advocates furious, questioning why the administration isn’t living up to Trump’s pro-gun promises. As conservatives demand a course correction, the stakes couldn’t be higher—if the DOJ doesn’t step up, everyday Americans could see their rights eroded by the very agency tasked with protecting them. The Case v. Montana brief exemplifies this betrayal. The Montana Supreme Court upheld the police’s warrantless entry, rejecting Fourth Amendment claims, and the DOJ jumped in to back them at SCOTUS. GOA warns this creates a “blatant” threat to gun owners, allowing cops to invade homes on flimsy “reasonable suspicion” of an emergency, potentially leading to deadly confrontations over firearms.  Continued below this next vid

Breitbart reported on similar concerns, noting how such policies could enable abuses against Second Amendment supporters, especially in blue states where welfare checks are weaponized against conservatives. Trump’s DOJ arguing against stricter warrant requirements flies in the face of conservative principles of limited government and individual liberties. Why defend a position that could disarm law-abiding citizens? Critics like GOA argue it’s a holdover from deep-state bureaucrats, undermining Trump’s America-First agenda. Another glaring failure is the DOJ’s imposition of gag orders to conceal ATF’s mass surveillance of gun owners. In March 2025, GOA sued the ATF over a protective order blocking the release of documents obtained via FOIA, which revealed the bureau’s warrantless monitoring of millions of firearms transactions through the National Instant Criminal Background Check System (NICS).

The Truth About Guns detailed how the gag order prevents GOA from publicizing this “secret surveillance,” labeling it an unconstitutional infringement on First and Second Amendment rights. GOA’s video follow-up accused the DOJ of undermining Trump by keeping these Biden-era abuses hidden, allowing the ATF to continue spying on law-abiding Americans without oversight. Conservatives are outraged—why isn’t the DOJ lifting these orders and exposing the deep state’s overreach? Instead, it’s protecting the surveillance state, leaving gun owners vulnerable to future confiscations. Perhaps the most shocking lapse is the DOJ’s proposal to ban transgender individuals from owning guns, citing mental health concerns. Breitbart reported that gun rights groups like the Second Amendment Foundation, National Association for Gun Rights, and Texas Gun Rights slammed this as “blatantly unconstitutional,” arguing it sets a precedent for government to strip rights based on subjective criteria. Continued below this Prager U Vid on Gun Rights

The Second Amendment secures an individual right to bear arms.

Gun ownership is a constitutional right. Period.#VirginiaRally pic.twitter.com/IyZkccGRCM

— PragerU (@prageru) January 20, 2020

The Washington Times echoed this, noting the policy could expand to Red Flag laws, allowing bureaucrats to decide who “qualifies” for Second Amendment protections. Critics like Dudley Brown of the National Association for Gun Rights urged the ATF and DOJ to focus on real threats instead of infringing on law-abiding citizens. This move, under Trump’s watch, has conservatives questioning if RINOs in the administration are sabotaging pro-gun policies, turning the DOJ into a tool for social engineering rather than defender of rights. The DOJ’s defense of Biden-era gun control in ongoing litigation adds insult to injury. In cases challenging the ATF’s “zero-tolerance” policy for federal firearms licensees (FFLs), the DOJ has argued there’s no Second Amendment right to sell guns, a position that could devastate small gun dealers.

The Trace reported on the ATF’s repeal of the policy in April 2025, but conservatives note the DOJ fought to maintain it in court, claiming violations warrant license revocations without due process. GOA’s video ties this to broader failures, accusing the DOJ of “fighting to maintain arguments against zero-tolerance gun control policies,” effectively upholding Biden’s attacks on the gun industry. Why hasn’t Trump’s team dropped these cases or reversed course? It’s a betrayal that leaves FFLs hanging, potentially shuttering thousands of businesses and restricting access to firearms for millions. Even in Supreme Court battles, the DOJ has taken positions that alarm gun rights advocates. In drug-user gun bans, the DOJ argued regular marijuana users have no Second Amendment rights, a stance some conservatives support but others see as overreach that could expand to other “disqualifiers.”

USA Today reported the DOJ’s push to uphold federal prohibitions, but gun groups like GOA warn it sets precedents for broader disqualifications, echoing the trans ban concerns. In Case v. Montana, the brief’s support for warrantless entries could enable “red flag” style raids without warrants, a nightmare for gun owners. These failures aren’t just policy missteps—they’re a pattern of inaction and misalignment with Trump’s pro-Second Amendment rhetoric. During his first term, Trump directed the DOJ to ban bump stocks, a move gun rights supporters decried as unconstitutional, and the current administration’s holdovers seem to perpetuate that legacy.

Breitbart’s archives recall the outrage, with groups like GOA calling it a “betrayal.” Now, in 2025, the DOJ’s defense of Biden’s ghost gun rules in court, despite Trump’s promises to dismantle them, has conservatives fuming. The Gateway Pundit highlighted a Trump-appointed judge blocking Biden’s ATF rule on background checks, but the DOJ’s reluctance to abandon similar litigation shows bureaucratic inertia. Conservatives like Rep. Andrew Clyde have accused the DOJ of not wanting an “armed citizenry,” a sentiment echoing today’s criticisms. GOA’s call for public pressure on Trump to align the DOJ with his agenda is spot on—fire the RINOs, drop anti-gun briefs, and lift gag orders.

If not, gun owners could face more encroachments, from surveillance to bans, under the very president who promised to protect them. Trump’s base elected him to drain the swamp, not let it erode Second Amendment rights. The DOJ’s failures in these cases demand immediate action—before more gun owners pay the price.

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