With the current administration in office, many expect them to show leniency toward 2A lawsuits filed against various government agencies, both state and federal. However, this may not be the case. A statement regarding the Firearm Policy Coalition’s Elite Precision Customs vs. ATF. This case aims to end the current restriction that prevents citizens from buying (or transferring the handgun to you) out of state. Currently, you can purchase the firearm; however, the FFL dealer must ship it to an FFL dealer in your state. Seems complicated, doesn’t it? But that’s what this case is trying to overturn (also, different rules apply to long guns).
DOJ Statement
This statement appears in the “COMBINED REPLY BRIEF OF DEFENDANTS IN SUPPORT OF MOTION TO DISMISS AND OPPOSITION TO PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT.” On page 11, under a section titled “Should Plaintiffs Prevail on Their Motion for Summary Judgment, Injunctive Relief Should be Limited to the Named Plaintiffs,” it states (man, these titles…):
If the Court grants an injunction, that injunction should extend no further than to bar enforcement of any laws the Court deems unconstitutional against the named plaintiffs specifically identified in the complaint.
The defendants cite Trump v. CASA, in which the Supreme Court clarified, “Congress has granted federal courts no power to enter universal injunctions. Instead, the governing principle is that a court granting equitable relief ‘may administer complete relief between the parties.’ Under this principle, the question is not whether an injunction offers complete relief to everyone potentially affected by an allegedly unlawful act; it is whether an injunction will offer complete relief to the plaintiffs before the court.” In simple terms, if an injunction is issued, it shall only affect the parties identified as plaintiffs and not be extended to others at large.
Zooming Out
It’s ironic, then, that a Supreme Court ruling intended to prevent lower courts from issuing nationwide injunctions is now being used to stop law-abiding citizens from exercising their Second Amendment rights, no matter what state they are in. If this continues, it will significantly impact how 2A cases are filed and decided.
Brandom Combs, FPC President, remarked:
The Trump DOJ’s scheme would gut nearly every lawsuit against the federal government unless and until the Supreme Court steps in. This isn’t just a threat to Second Amendment supporters — it’s a threat to every American. The Trump Administration must stop playing keep-away with constitutionally protected rights and put an end to this misguided strategy to obstruct justice.
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