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FPC Responds to DOJ | OHUB News
Tensions are rising between the Firearms Policy Coalition (FPC) and the Department of Justice (DOJ). Recently, I reported on the DOJ’s statement regarding an ongoing case, Elite Precision Customs vs. ATF. This case seeks to lift the current restriction that prevents citizens from buying or transferring handguns across state lines. However, the DOJ is requesting that the court issue a narrow injunction that would apply only to the listed plaintiffs. In response to this development, the FPC has voiced its concerns.
FPC’s Response
In short, FPC was not happy with the DOJ’s insertion. With the summary judgment briefing concluded, FPC sought leave of court to respond to the Trump DOJ’s strategy to avoid complying with the Second Amendment and respecting constitutional rights. They cite significant Supreme Court precedent that would require relief to apply to all FPC members, not just those listed as plaintiffs (for example, the national injunction involving braces from a few years ago). From FPC:
“Should Plaintiffs prevail on their motion for summary judgment, they are entitled to injunctive relief for the Individual Plaintiffs and members of Plaintiff Firearms Policy Coalition,” says FPC’s brief. That FPC has the right to sue and seek relief on behalf of its members “is not debatable,” the brief goes on. Indeed, FPC said, “The Supreme Court reaffirmed associational standing two years ago” in the Students for Fair Admissions v. Harvard decision. And while the government complained that compliance with an injunction against enforcement of the ban as to FPC members would be challenging, as FPC’s new brief explained, “the Government could comply with an injunction by, for example, directing FFLs to ask whether prospective non-resident purchasers are FPC members or declining to enforce the restriction across the board.”
Shouldn’t relief for one be relief for all?
“As our brief explains, the DOJ’s new scheme to avoid following the Constitution must fail as a matter of law,” said FPC President Brandon Combs. “Should we prevail against this unconstitutional ban, the court should enjoin its enforcement as broadly as possible, and the Trump Administration should stop enforcing it altogether.”
Zooming Out
The DOJ’s insertion into any legal case involving the Second Amendment seems counterintuitive to the perceived narrative pushed by the current administration. While victories for 2A activists and enthusiasts have been more frequent recently than in years past, this one stings a bit more. This case now awaits a decision on summary judgment, which the court could issue at any time. We will update you on it when the time comes.
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Sources:
- https://www.firearmspolicy.org/fpc-fights-back-against-trump-doj-efforts-to-block-enforcement-of-constitutional-rights
- https://assets.nationbuilder.com/firearmspolicycoalition/pages/10076/attachments/original/1756228739/2025.08.26_045_P’s_%28FPC%29_Reply_ISO_MSJ.pdf?1756228739
- https://www.courtlistener.com/docket/69560509/elite-precision-customs-llc-v-bureau-of-alcohol-tobacco-firearms-and/?filed_after=&filed_before=&entry_gte=&entry_lte=&order_by=desc
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