policy analysis

Trump's FY 2027 Budget Puts Second Amendment Front and Center

MWS
Mark W. Smith
13:58
Mark's Hot Take
To create an actual Second Amendment unit by name and function within the Department of Justice has been a huge accomplishment — and to enshrine that in law moving forward would be fantastic for our right to keep and bear arms.
— Mark W. Smith Share on X

The Trump administration has released its proposed fiscal year 2027 federal budget, and buried within the document are several provisions that represent meaningful advances for Second Amendment rights. This is not aspirational rhetoric. It is line-item funding directed at institutional infrastructure designed to protect the right to keep and bear arms — and to dismantle the regulatory apparatus that the Biden administration weaponized against lawful gun owners.

The DOJ’s Second Amendment Mandate

The budget opens its DOJ section with priorities that signal a fundamental reorientation of resources away from harassing law-abiding citizens and toward violent criminals. It includes a dedicated section on protecting constitutional rights, with the Second Amendment receiving explicit attention. The budget “affirms the president’s commitment to definitively protect the Second Amendment and other constitutional rights of citizens.” That language — “definitively” — suggests permanence, not half-measures.

$1.4 Million for the Second Amendment Rights Section

The marquee item is $1.4 million allocated to fund an office within the Civil Rights Division “solely dedicated to protecting Second Amendment rights from unlawful infringement on the right to bear arms and pursuing cases to definitively enshrine those rights in perpetuity.” This is the formal budgetary enshrinement of the Second Amendment Rights Section that Harmeet Dhillon — the Assistant Attorney General for the Civil Rights Division — announced in late 2025. Creating that unit was a significant institutional accomplishment by Dhillon and former Attorney General Pam Bondi. Locking it into the federal budget transforms it from an executive initiative into something Congress would have to affirmatively defund to eliminate.

A dedicated Second Amendment section provides a permanent institutional home, a point of contact for citizens whose rights are being violated, and a mechanism for accountability. When the government has a named office responsible for protecting a right, it becomes far easier to measure whether that office is doing its job.

$4.8 Million for Firearms Rights Restoration

The budget allocates $4.8 million to the Office of the Pardon Attorney’s firearms rights restoration initiative under 18 U.S.C. 925(c) — the provision allowing individuals prohibited from possessing firearms to petition for administrative restoration of their rights.

For decades, Congress effectively killed this program by inserting a rider into ATF appropriations bills prohibiting any funding for processing 925(c) applications. The political logic was bipartisan cynicism: Republicans did not want to be seen restoring gun rights to people with criminal records, and Democrats did not want anyone getting guns back. A federal statute remained on the books as a dead letter.

The Trump administration revived the program, transferred authority to the Office of the Pardon Attorney, and published proposed regulations. The budget allocation signals that the final rule is on its way and that infrastructure is being built to process what could be hundreds of thousands of applications.

Unwinding Biden-Era ATF Overreach

The budget directs the ATF to continue reversing Biden-era regulations that “effectively criminalized law-abiding gun ownership,” identifying four areas: universal background check requirements, the pistol brace rule that subjected lawful gun owners to up to ten years in prison for failing to register stabilizing braces, excessive restrictions on homemade firearms (the so-called “ghost guns”), and the revocation of federal firearms licenses from dealers on pretextual grounds.

Each of these represents a distinct regulatory abuse. The pistol brace rule alone turned millions of law-abiding gun owners into potential felons overnight. The FFL revocation campaign under the Biden ATF’s “zero tolerance” policy drove small dealers out of business for minor paperwork errors. The budget’s commitment to unwinding these policies provides the ATF with marching orders and the funding to execute them.

Targeting Violent Crime, Not Lawful Ownership

The budget redirects enforcement resources toward illegal firearms traffickers, violent crime in American cities, drug cartels, and federal prison security. This is the correct priority structure. Every dollar spent prosecuting a cartel firearms trafficker is a dollar that makes communities safer and reduces the likelihood of the sensationalized events that gun control advocates exploit to restrict the rights of law-abiding citizens.

The Proof Is in the Pudding

The budget is a proposal, not law. Congress must still act. But as a statement of presidential priorities, this document is significant. It puts institutional money behind institutional commitments, creates budget lines that future administrations would have to affirmatively zero out, and signals to every federal agency that the direction of travel is toward protecting rights — not restricting them.

The war for the right to keep and bear arms is fought in increments, and this budget represents a good day.


This article is based on analysis by Mark W. Smith on The Four Boxes Diner. Watch the original video. This does not constitute legal advice.

Get the Weekly Briefing

New analysis delivered every week. Court decisions, case updates, and expert commentary.

2A
Soon