Hearings to examine the Second Amendment

House Judiciary Bill MarkupsSenate Homeland Security and Governmental Affairs · 2026-04-15 · 119th Congress
The Senate Homeland Security and Governmental Affairs Committee convened this hearing to examine perceived threats to Second Amendment rights, including federal officials' statements on carrying firearms at protests, ATF recordkeeping practices, and new Virginia gun legislation. Begins at 0:15:30
Transcript
Highlights

Title

Homeland Security Committee examines federal Second Amendment policy and enforcement

Purpose

The Senate Homeland Security and Governmental Affairs Committee convened this hearing to examine perceived threats to Second Amendment rights, including federal officials' statements on carrying firearms at protests, ATF recordkeeping practices, and new Virginia gun legislation. Ranking Member Cuccinelli and witness Stephen Vladeck used the hearing to broaden the discussion to alleged executive overreach on war powers, appropriations, and First and Fourth Amendment issues under the Trump administration. Begins at0:15:30

Who spoke

Chair Rand Paul (R-KY)0:15:30: Opened by describing federal officials' statements discouraging armed protest as alarming0:16:32, criticized new Virginia gun restrictions0:18:48, and later questioned witnesses about carrying firearms at rallies and third-party doctrine/Fourth Amendment privacy law1:34:121:35:51.

Mr. Cuccinelli (Ranking Member)0:20:19: Argued the hearing topic was misplaced given what he called the administration's unconstitutional war with Iran and abuse of appropriations power0:20:19; later, as a witness, detailed Virginia's 2026 firearms package banning certain semi-automatic weapons and magazines over 15 rounds0:36:13 and a proposed double-digit gun/ammunition sales tax0:40:16.

Rep. Thomas Massie (R-KY)0:25:58: Described founding the House Second Amendment Caucus0:26:18 and promoted four bills: repealing the Gun Free School Zone Act0:29:06, allowing 18-21 year-olds to buy handguns from licensed dealers0:29:35, requiring DOJ to publish aggregate background-check denial data by race (citing Black applicants three times more likely to be falsely denied)0:30:290:31:19, and the National Constitutional Carry Act0:31:47.

Mr. Erich Pratt, Gun Owners of America0:41:10: Said the ATF has amassed nearly one billion gun-owner records, 94% digital0:41:39, called for Senator Risch's bill to destroy the database0:42:06, and said GOA is pressing the administration on a new rule to stop retaining records1:09:33.

Mr. Dudley Brown, National Association for Gun Rights0:46:25: Discussed the shooting of Alex Pretti at a Minnesota protest and criticized administration officials' statements that carrying a firearm at a protest is impermissible0:46:250:48:20; cited estimates that permit holders commit crimes at one-third the rate of non-carriers1:15:24.

Senator Peters (D-MI)0:51:41: Introduced witness Stephen Vladeck0:51:41; later questioned Vladeck on whether Congress functions as a coequal branch1:03:21, on First Amendment retaliation against press and law firms1:23:54, and on presidential appropriations power1:26:25.

Prof. Stephen Vladeck, Georgetown Law0:52:23: Argued the hearing topic was "displaced" given broader unconstitutional executive conduct including unauthorized military action against Iran0:52:37; said Supreme Court doctrine has made it nearly impossible to sue over constitutional violations or challenge presidential appropriations and war powers0:54:09; cited federal judges (Trump appointees) finding DHS, ICE and DOJ "utterly disregarded" or "ignored" court orders1:05:25.

Senator Johnson (R-WI)0:58:28: Pressed witnesses on ATF actions to end the gun registry0:58:28 and questioned Vladeck sharply on war powers precedent under Obama (Libya) and Clinton (Kosovo) and on Iran1:11:331:12:59.

Senator Hawley (R-MO)1:27:47: Pressed Pratt on unanswered 2021 letters about ATF rule 2021R-05 and on how many Biden-era ATF rules remain enforced1:27:47; cited New York's 1967 rifle/shotgun registration later used for confiscation1:31:08 and Australia's 1996 National Firearms Agreement buybacks1:31:51.

Key moments

Chair Paul said an administration official stated citizens "cannot bring a firearm loaded with multiple magazines to any sort of protest" and another warned approaching law enforcement with a gun invites being legally shot0:16:320:16:59.

Massie said data show background-check applicants are roughly twice as likely to be falsely denied if Hispanic and three times as likely if Black, due to reliance on phonetically similar names0:31:19.

Pratt said the ATF admitted amassing nearly one billion gun-owner records (94% digital) after Rep. Cloud and 51 colleagues demanded answers0:41:39, and that an ATF director told the Senate Judiciary Committee the agency pays extra to remove a name-search function from the database1:29:21.

Brown argued the First and Second Amendments are inseparable, citing administration officials' statements against carrying guns at protests and comparing modern protest-carry bans to Jim Crow-era laws0:49:43.

Vladeck testified federal judges — appointed by Trump — found DHS "utterly disregarded" a court order and DOJ elected to "ignore valid court orders"1:05:251:05:44.

Sharp exchange: Sen. Johnson pressed Vladeck on whether any president has treated the War Powers Resolution as binding, eliciting that Obama's Libya action lacked authorization1:11:33; Johnson then pressed Vladeck on Iran, and Vladeck said the threat level isn't the standard for presidential war authority1:12:591:13:10.

Hawley cited a warehouse of roughly one billion gun-owner records in West Virginia and asked what a future hostile administration could do with them; Pratt said it could identify who is not in compliance with a gun ban1:29:561:30:37.

Chair Paul disclosed the committee sent an ATF records request last year with no response and said the committee will pursue a subpoena in consultation with the minority1:32:47.

Cuccinelli said Virginia's assault-weapons ban exempts government employees while barring the same weapons to ordinary citizens0:59:26.

Vladeck said the Anti-Deficiency Act followed comparable appropriations misbehavior by the Nixon administration, and no prior instance of unchecked appropriations violations of this scale exists1:26:51.

Metadata

CommitteeSenate Homeland Security and Governmental Affairs
Chamber / CongressSenate · 119th Congress
Date2026-04-15
TypeMeeting
Witnesses
(none listed in event metadata)
Videosenate-isvp
Transcript231 caption blocks · 11,634 words · 1:39:35 runtime
EventCongress.gov 338143