
The Trump administrationās Department of Justice (DOJ) is planning to force Second Amendment cases to the Supreme Court, a top official told the Daily Caller News Foundation Monday.
Under Assistant Attorney General for Civil Rights Harmeet Dhillon, the Second Amendment Section of the DOJās Civil Rights Division was established on Dec. 4, 2025. While lawsuits against Denver, the District of Columbia and Colorado over gun and magazine bans have generated headlines, Dhillon told the DCNF there was a strategy behind the cases the Civil Rights Division brought.
āWeāre identifying places where we can help make new law or create a circuit split for purposes of ultimate Supreme Court determination,ā Dhillon said.
When two appellate circuits disagree on similar cases, known as a ācircuit split,ā the Supreme Court tends to be more likely to hear the case to resolve the matter. The challenges to Denverās semiauto ban and Coloradoās magazine ban are in the Tenth Circuit, which could invalidate the bans, setting up a conflict with other circuits which upheld them, like the Fourth Circuit, which kept Marylandās semiauto ban in place in a decision rendered by the court.
Dhillon admitted that there were far more potentially unconstitutional gun control laws than the Second Amendment Section could tackle right away.
āI think itās safe to say that we have many, many targets throughout the United States,ā Dhillon said. āWeāre familiar with all of these developments. We attend gun shows regularly and gun events. We have an open-door policy here vis-a-vis people who wanna bring things to our attention, but we have to prioritize based on our resources and our other enforcement priorities at the Department of Justice.ā
āEvery time I announce new action, I get a bunch of people criticizing US for āNow do this, now do that,āā Dhillon added. āI mean, thatās not how we do impact civil rights litigation. We donāt necessarily go after every single target. We have to pick and choose the ones that are gonna make the biggest impact and that there should be a trickle-down effect from that.ā
The Second Amendment Sectionās establishment traces back to President Donald Trumpās Feb. 7, 2025, executive order directing the DOJ to review government policies and to actively protect the Second Amendment. Dhillon told the DCNF that there was little resistance in establishing the specialized unit with a mandate to enforce the Second Amendment rights of law-abiding citizens, as many attorneys in the Civil Rights Division were āsubject matter experts on different topicsā and the new section was staffed with ānew hires.ā
āWe had one attorney who joined me when I joined the department who was heading it up originally,ā Dhillon said. āWe then recruited an expert on Second Amendment litigation to join US and head it up, and I think people have been very excited to work on this.ā
Dhillon pointedĀ out that the Civil Rights Division was investigating the handling of concealed carry permit applications by multiple jurisdictions, with Dhillon announcing a probe into the city of Philadelphia in a Tuesday post on X.
āThe police canāt revoke a concealed carry permit based on arbitrary decisions of licensing officials. Today, I directedĀ @CivilRightsā 2A Section to investigate the Philadelphia Police Departmentās practice of revoking the CCWs of those lawfully carrying firearms in public,ā Dhillon posted. Dhillon also tweeted at Democratic Virginia Gov. Abigail Spanberger that she would āsee you in courtā after the governor signed a ban on modern semiautomatic firearms on May 14.Ā
Dhillon also addressed irritation from some pro-Second Amendment organizations over the DOJās defense of provisions of the National Firearms Act against some lawsuits filed by the groups. In April, Gun Owners of America Senior Vice President Erich Pratt criticized the DOJ for opposing the legal cases.
āSince President Trump took office, the Department of Justice repeatedly has undermined the right to own firearm suppressors (or āsilencersā) and short-barreled firearms restricted by the National Firearms Act of 1934,ā Pratt said in written testimony before the Senate Homeland Security and Government Affairs Committee.
When asked about the pushback, Dhillon told the DCNF that much of the ire with the Trump DOJ was misplaced, adding that the Second Amendment Section was seeking input from gun owners and pro-Second Amendment organizations.
āI understand people have policy differences with DOJās enforcement of federal laws, but, in my opinion, and Iāve said this to many gun groups, the appropriate place to launch those policy discussions is in Congress, not with US,ā Dhillon said. āWe have, I mean, not me, but other people in this building regularly respond to all kinds of litigation on behalf of the United States where I donāt necessarily agree with what weāre defending.ā
ā the other team that picks and chooses which laws theyāre gonna enforce, so thatās not what we do,ā Dhillon added.
Four states, California, Maryland, Connecticut and New York, have passed laws banning the sale of Glock pistols on the grounds that they can be converted into machine guns. Virginia passed a ban on modern semiautomatic firearms, while Colorado is preparing to implement a permit-to-purchase scheme for so-called āassault weapons.ā
While Dhillon refused to specify cases the Second Amendment Section would investigate or pursue in the future, she also said that private parties were welcome to ātake our workā for use in litigation against similar legislation in āother jurisdictions.ā Dhillon also said that the objective of the Second Amendment Section was clear.
āEvery law-abiding American citizen who wants to obtain their firearms for lawful reasons should be able to do that rapidly,ā Dhillon told the DCNF. āHere in D.C., it⦠took me less than a week to get my CCW.ā
āWeād like to see, Iād love to see the Supreme Court make it clear that AR-15s and similar semi-automatic rifles that are popular and sought for use by law-abiding citizens⦠see a definitive ruling on that, making it very clear and striking down contrary laws around the country,ā Dhillon added.
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