Justice Department to Open Second Amendment Section in Civil Rights Division

The Justice Department on November 25 said it would establish a new Second Amendment Rights Section within its Civil Rights Division, a unit scheduled to begin work on December 4 that will investigate local laws or policies alleged to infringe on the constitutional right to bear arms. The reorganization follows a February executive order directing the Attorney General to assess whether federal government activities restrict gun rights.

Department officials said the change would be implemented using existing funds and personnel, and that the Office of Management and Budget did not object to notifying Congress of the move. The announcement has prompted sharp criticism from civil rights advocates who say placing gun rights enforcement inside the Civil Rights Division represents a major departure from the division’s traditional focus on discrimination, voting rights, housing, education and policing accountability.

Shifting personnel and attention toward enforcement of gun rights could have tangible consequences for communities that have relied on the Civil Rights Division to pursue cases of systemic discrimination and police misconduct. Civil rights lawyers and community leaders warned that diverting staffing and financial resources may slow investigations into unlawful policing practices and limit federal support for enforcement against discrimination that affects health care access, employment and housing stability. Those issues have clear public health implications because they shape access to medical care, mental health services and the social supports that reduce injury and disease.

Public health specialists view gun policy as tightly linked to community well being, and local measures aimed at reducing firearm injuries are often designed with those outcomes in mind. The new section will be empowered to challenge local ordinances or regulations that it deems to restrict gun rights, a dynamic that could prompt fresh federal litigation against laws intended to curb gun violence. Legal challenges may also create uncertainty for city and state officials who have pursued public safety interventions, particularly in jurisdictions struggling with high rates of firearm injury and death.

The reorganization unfolds amid broader national debates about the scope of the Second Amendment and the proper role of federal enforcement in protecting constitutional rights. For many civil rights practitioners, the concern is not only legal theory but also the allocation of enforcement capacity. The Civil Rights Division has historically played a central role in investigating patterns of discrimination and securing remedies that affect school integration, voting access and systemic police reform. Shifting that capacity toward gun rights enforcement raises questions about which communities will be prioritized for federal protection.

Congressional oversight and scrutiny are likely to follow, as lawmakers assess the practical effects of the department’s new structure. For advocates focused on health equity and community safety, the central question is whether the reorganization will strengthen constitutional protection in a way that respects public health goals, or whether it will weaken federal capacity to confront entrenched discrimination and the social drivers of violence. The answers will shape not only legal strategy, but also how resources flow to protect vulnerable communities in the years to come.