The U.S. Department of Justice (DOJ) has significantly shifted its approach to firearms by establishing a dedicated unit to challenge state-level gun restrictions, while New York officials continue to defend the state’s unconstituional gun control laws.
The Request for a DOJ Investigation:
On May 15, 2025, New York Congresswomen Elise Stefanik and Claudia Tenney sent a formal letter to the DOJ urging an investigation into New York State’s firearms laws. They argued that the state’s restrictive policies—including categorical bans on semi-automatic rifles, licensing and registration mandates, and magazine capacity limits—constitute unconstitutional infringements on Second Amendment rights in direct defiance of Supreme Court precedents like NYSRPA v. Bruen. In response, New York Attorney General Letitia James strongly defended the state’s regulations, stating that gun safety laws protect citizens and that her office is prepared to continue defending them in court.
How the DOJ Has Responded:
While the DOJ has not publicly confirmed a standalone “pattern or practice” investigation solely targeting New York State, the department has enacted sweeping structural updates aimed at reversing state-level gun control measures:
- Creation of a Second Amendment Unit:
In December 2025, the DOJ Civil Rights Division officially launched the Second Amendment Rights Section. This specialized task force is specifically authorized to investigate and file lawsuits against local and state jurisdictions that enforce excessive permitting delays, bans, or burdensome firearm restrictions. - Federal Litigation Strategy:
The DOJ has actively filed lawsuits against several state and municipal governments—such as Los Angeles County, Washington D.C., Denver, and Minnesota—using its civil rights authority to strike down local carry permit delays, magazine caps, and rifle bans. - Recent Warnings to States:
On July 1, 2026, Attorney General Todd Blanche explicitly threatened new federal lawsuits against states maintaining gun restrictions that run afoul of recent Supreme Court Second Amendment expansions. The Trump administration has explicitly positioned the DOJ to maximize the ability of law-abiding citizens to exercise their right to bear arms. - Conflict Over Young Adults:
Most recently, in September 2026, the DOJ’s Office of Legal Counsel issued a major opinion declaring federal restrictions on 18-to-20-year-olds buying handguns unconstitutional. New York Governor Kathy Hochul immediately pushed back on September 19, 2026, stating that New York would not comply or alter its state-level age limits.
Ongoing Judicial Status in New York
While the DOJ escalates its broader national enforcement, independent legal battles over New York’s 2022 Concealed Carry Improvement Act (CCIA) remain ongoing in the court system. Federal appeals courts have struck down certain elements of New York’s laws (such as requiring applicants to turn over social media accounts and broad bans on private property carry). However, other state-level provisions—including background checks for ammunition purchases and restrictions in specific public “sensitive locations”—have been permitted to remain in effect by the courts for the time being.
The midterm elections are only 34 days away, and Governor Kathy Hochul is still refusing to comply with Second Amendment changes. It is crucial now more than ever, that all gun owners vote for pro Second Amendment candidates.
