Suing Trump on guns
His "Guns Everywhere" agenda isn't just deadly - it's illegal.
By our count, President Trump has already taken action to undermine or dismantle over 40 gun violence prevention programs and policies (we’re tracking his executive actions).
He’s fired ATF’s longtime chief counsel and issued pardons for felony gun crimes. He’s shuttered the White House Office of Gun Violence Prevention and the Emerging Firearms Threats Task Force. He’s frozen research funding and eliminated guidance documents on CVI, safe storage, and red flag laws. And Trump’s recent Executive Order signaled the White House and the Gun Lobby are just getting started in ravaging communities for profit.
But to fight back, the gun safety movement needs to take a page from progressive allies on issues like reproductive rights, labor, and the environment: We can’t just speak out against Trump’s “Guns Everywhere” agenda – we need to sue.
TAKING TRUMP TO COURT
We’ve got some ideas for states, cities, and practitioners to chew on (ideas are not legal advice – you should contact your attorney for that!).
SUE TO BLOCK GRANT RESCISSIONS: We expect Trump will begin rescinding individual multi-year GVP grants awarded during the Biden administration – from DOJ CVIPI grants to Department of Education Project Prevent grants. But grant recipients can sue to protect their funding. Here’s an explainer from our friends at Democracy Forward.
DON’T JUST SUE OVER RULES, SUE OVER POLICY: A president that follows the law usually makes major policy changes through the formal rulemaking process – a process that requires transparency and allows opponents to sue over those changes. That’s how President Biden banned ghost guns and closed background check loopholes (and it’s how the Gun Lobby sued over those rules). But Trump is barreling ahead with his “Guns Everywhere” agenda without issuing rules, in part to thwart potential legal challenges.
That shouldn’t stop us from suing. Federal law allows lawsuits against “final agency action.” That includes rules, yes. But it also includes other actions too. If Trump changes gun dealer enforcement policies, rescinds Medicaid waivers, or illegally changes grant criteria, those harmed can potentially sue.
SUE OVER GUN MISINFO: The spread of misinformation on guns and mass shootings fuels panic buying of firearms and causes significant emotional harm to survivors. But spreading misinformation isn’t just dangerous – it’s often illegal. Not only can superspreaders like Alex Jones be sued for defamation, the Trump administration itself can be sued for publishing inaccurate or biased information on guns under a little-known law called the Information Quality Act.
USE SECTION 220 TO INVESTIGATE GUN MANUFACTURERS: Another little-known law that can be useful is Delaware General Corporation Law Section 220. Yes, it’s a mouthful, but it allows a stockholder to access corporate books and records to investigate wrongdoing or mismanagement of companies incorporated in Delaware. Which companies are incorporated in Delaware? Smith & Wesson, Vista Outdoors, and Sturm, Ruger & Co, to name a few.
NEED A RESEARCH PROJECT?
There’s a laundry list of other potential lawsuits our legal team is exploring – and we’d love your help. A few questions we’re hoping to run down:
Are there GVP-related data collections that are explicitly required by Congress? If Trump stops them, groups can sue.
Does the Trump administration’s total capture by the Gun Lobby make their Biden-era rule rollbacks vulnerable under the Administrative Procedure Act? Does anyone actually believe they’re going to engage in “reasoned decision-making”?
If Trump shifts ATF enforcement resources to focus on immigration instead of guns, who has standing to sue for violating the Economy Act or inter-agency detail rules (31 U.S.C. §1301(a), §1342)?
Can a state or city sue a gun dealer and pierce PLCAA’s first exception? The law allows suits to proceed against dealers convicted of certain unlawful transfers – but the lawsuit must be brought by the party directly harmed by the unlawful transfer. Question: If the transfer happens in New York City, isn’t the city directly harmed? And does that mean they can sue a gun dealer for other violations, like causing a public nuisance?
PARTNER SPOTLIGHT
The Gun Violence Prevention Forum
Featuring the Northwell Health Center for Gun Violence Prevention
Featuring Project Unloaded
Featuring the Ad Council
Featuring Kris Brown, President of Brady United
By Corey Ciorciari, Molly Voigt, Jacquelyn Katson, Biz Rasich, Jack Craven, and Lucas Burgard