DOJ Admits Gun Ban Is Unconstitutional So Why Dismiss the Case?

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Summary

➡ The Department of Justice (DOJ) has declared a federal law banning the mailing of handguns unconstitutional, but instead of seeking a final court ruling to settle the issue, they’re asking for the case to be dismissed. This move doesn’t remove the law or protect future administrations from enforcing it, essentially leaving the door open for the law to be reinstated. The DOJ’s actions are seen as disingenuous, as they appear to support constitutional rights without accepting the consequences of permanently losing gun control laws. This situation is a concern for all who value civil liberties, as it seems to be more about power than principle.

Transcript

Guys, the DOJ is doing it again! They are so freaking disingenuous and they’re playing a long-term shell game with the Second Amendment and let’s call them out, let’s put them on blast. Let’s talk about what’s really happening here because this matters far beyond any single lawsuit. The Department of Justice has now formally declared that 18 USC 1715, the federal ban on mailing handguns, is unconstitutional. Not questionable. Not outdated. Unconstitutional. A violation of the Second Amendment under Bruin, Heller, and McDonald. Their words, not mine. And yet, instead of seeing the case through to a final judicial ruling that would permanently settle the issue, the Department of Justice is now asking the judge to dismiss the case.

And that should set off alarm bells for every gun owner in America because dismissal is not the same thing as a resolution. A dismissal does not strike the law from the books. A dismissal does not bind future administrations. A dismissal does not protect our rights tomorrow. All it does is kick the can down the road. And here’s the problem. The Department of Justice’s Office of Legal Counsel has already admitted on paper that this law was designed to suppress constitutionally protected arms, has no historical analog, fails the Bruin test, and violates the Second Amendment.

And that is as close as the executive branch can come to saying, hey, we’re wrong. And it was big. But instead of allowing a court to issue a binding ruling that would prevent future abuse, the DOJ wants to quietly walk away and say, trust us, we won’t enforce it. But gun owners have heard that before. And it must be brutally honest. What’s to stop the next Democrat, Gavin Newsom, from reinstituting it? The DOJ is not a permanent institution of principle. It’s a political instrument that changes hands every four years.

And today they say the law is unconstitutional. But tomorrow a different attorney general can say, we disagree. It’s back in effect. And because the statute still exists, if this does get dismissed, because there’s no final court ruling, because the case would be dismissed rather than decided, the door would be left wide open for the next Democrat administration to simply flip the switch back on. Same law, same statute, same enforcement power. All without passing a single new bill. That is not protecting constitutional rights. That’s managing optics. Now, if the law is unconstitutional, prove it in court.

It would take like nine paragraphs. Prove it in court. And this is what exposes the disingenuous nature of the DOJ’s move here. If the Department of Justice truly believes that this law violates the Second Amendment, and they’ve already said that it does, then the reasonable course of action is simple, guys. Let the court rule on it. Let a federal judge declare the statute unconstitutional. Let the precedent stand. And let the law be dead for good. Instead, the DOJ wants the political benefit of appearing pro-constitution, appearing pro-Second Amendment, without accepting the institutional consequence of permanently losing gun control statutes.

They want credit today while preserving leverage tomorrow. And that should concern everybody who cares about civil liberties. Not just us gun owners, but everybody. This is about power, not principle. Make no mistake, this is not about caution or restraint. This is about retaining control. Point blank. By avoiding a final ruling, the DOJ would keep 1715 alive as a dormant weapon, one that could be resurrected the moment the political winds change. Now, that is the opposite of a constitutional fidelity. That is the opposite of what they’re supposed to do. If a law violates the Second Amendment, it should not merely be paused, it should be eradicated and nullified.

But gun owners understand this pattern because we’ve lived through this. Agencies reinterpret laws instead of repealing them, or enforcement pauses quietly resume later. Rights are treated as privileges, dependent on who’s in office. And that’s why judicial clarity matters. This is why dismissals are dangerous. And this is why allowing this case to die quietly rather than being decided openly in a court is not a win. It’s a temporary ceasefire. Now the DOJ has already admitted the truth. Now they should have the courage, the intestinal fortitude, the balls to stand behind it in court.

Because rights that only exist at the discretion of the executive branch are not rights at all. They’re permissions. And the Second Amendment was never meant to be one of those. They’re not your rights, DOJ. You don’t get to play a shell game with them. Guys and gals, if you understand what I’m saying, let me know down below. If I landed this plane for you, you should be frustrated. You should be angry. I’m trying to be happy this week. I just got out of the gym. I’m here at SHOT Show 2026.

I’m about to head out to industry day at the range to see what’s new and, you know, pull some triggers on some freedom seed senders. And I just wanted to get you this information. I got this from DOJ’s law. They’re the lawyers this morning because they’re on top of it. This is a result of a case they brought. I covered that in the first video, and I’m glad they did. But to each of you, stay informed. That’s what I try to do with this channel. Also, check out the series.

I’ve been doing a lot of hard work, taking a lot of time and effort away from my family and stuff to reread and take a lot of copious notes on not only the founding documents, but the Federalist Papers, the Anti-Federalist Papers, etc. And I’m putting out a video series to help educate everybody so that you could use it. Maybe you don’t need it. Maybe you’re on top of your game, but maybe your wife, your daughter, your brother, your husband, maybe your kids need it. Maybe your neighbors need it. So those videos are going out.

I’ll pin the playlist above. Check them out. Let me know what you think. There’s so much work that goes into them that I hope that they provide a value for you and your loved ones for decades to come. I appreciate each and every single one of you. This is Jared from Guns and Gadgets, where I put out Second Amendment News every single day. And guys and gals, we are the ones who are to keep the Republic, and I hope you’re taking it serious. I’ll see you in the next one. God bless you.

God bless America. Take care. you
[tr:trw].

See more of Guns & Gadgets 2nd Amendment News on their Public Channel and the MPN Guns & Gadgets 2nd Amendment News channel.

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