In a major win for Second Amendment advocates, the Gun Owners of America (GOA) has forced the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) to reverse a controversial 2020 policy that stripped Michigan concealed pistol license (CPL) holders of their right to bypass federal background checks when purchasing firearms. The ATF lawsuit 2025 stems from a five-year legal battle, GOA v. DOJ, challenging the ATF’s claim that Michigan’s CPL process failed to meet federal standards. On May 23, 2025, the ATF backtracked, restoring Michigan CPLs as valid alternatives to National Instant Criminal Background Check System (NICS) checks. But the fight isn’t over—GOA warns that without a final court ruling, future administrations could reverse course again. Here’s what you need to know about this pivotal Second Amendment case and its implications for gun owners.
Background: The ATF’s 2020 Reversal on Michigan CPLs
In March 2020, the ATF issued a “Public Safety Advisory” declaring that Michigan’s concealed pistol licenses no longer qualified as “Brady Permits” under 18 U.S.C. § 922(t)(3). This federal law allows certain state-issued permits to substitute for NICS background checks when buying firearms from federal firearms licensees (FFLs). The ATF argued that Michigan’s CPL issuance process lacked sufficient due diligence, specifically claiming the state didn’t adequately follow up on NICS hits indicating potential prohibitions, even without final confirmation. This forced Michigan CPL holders to undergo NICS checks, adding delays and costs to gun purchases.
GOA, alongside Michigan resident Donald Roberts, sued the ATF and DOJ, arguing the advisory was arbitrary, violated the Administrative Procedures Act (APA), and infringed on Second Amendment rights. The lawsuit, filed in the U.S. District Court for the Eastern District of Michigan, claimed the ATF lacked authority to unilaterally revoke Michigan’s CPL exemption without proper rulemaking. Despite initial dismissals for lack of standing, the Sixth Circuit Court of Appeals remanded the case for further fact-finding, keeping the fight alive.
The 2025 Turnaround: ATF Restores Michigan CPLs
The 2024 election and President Trump’s January 2025 executive order, “Protecting Second Amendment Rights,” shifted the landscape. The order directed the DOJ and ATF to review all firearm-related policies for potential rights violations. On May 23, 2025, the ATF issued an updated Brady Permit Chart, reinstating Michigan’s CPLs (issued within the last five years) as valid NICS alternatives, alongside Alabama’s concealed carry permits. The ATF’s open letter to FFLs superseded the 2020 advisory, admitting Michigan’s process now meets federal requirements under 18 U.S.C. § 922(t)(3).
This reversal means Michigan CPL holders can once again purchase firearms from FFLs without undergoing additional NICS checks, streamlining the process for law-abiding gun owners. The ATF’s move, under new leadership including Acting Director Kash Patel, reflects a broader policy shift following Trump’s directive, which also led to the repeal of the Biden-era “Zero Tolerance” policy targeting FFLs for minor errors.
Why the Case Isn’t Over: GOA’s Push for a Final Ruling
Despite the ATF’s reversal, the DOJ argues the case is moot, claiming the 2020 policy no longer exists and there’s no ongoing controversy. They assert the change resulted from a nationwide review, not GOA’s lawsuit, and that future flip-flops are unlikely. GOA disagrees, warning that without a binding court judgment declaring the ATF’s 2020 advisory unlawful, future anti-gun administrations could reinstate similar restrictions. On X, GOA emphasized, “Cases are not moot until there is ‘no reasonable expectation that the alleged violation will recur.’ Why is ATF preserving its ability to be anti-gun in the future?”
GOA seeks a final ruling to permanently enjoin the ATF from revoking Michigan’s CPL exemption without proper APA procedures. They argue that the DOJ’s request to dismiss the appeal, while vacating the lower court’s ruling against GOA, doesn’t go far enough. A binding judgment would protect Michigan gun owners and set a precedent for other states, preventing bureaucratic overreach.
Implications for Gun Owners and Businesses
This case highlights the power of legal and grassroots pressure in defending Second Amendment rights. The ATF’s reversal is a victory for Michigan’s 800,000+ CPL holders, who can now buy firearms more efficiently, as the Brady Handgun Violence Prevention Act intended. It also underscores the importance of state permit processes meeting federal standards, ensuring only vetted individuals bypass NICS checks.
For FFLs, the restored exemption reduces administrative burdens, as they no longer need to run NICS checks for valid Michigan CPL holders. However, GOA’s concerns about future policy shifts highlight the need for vigilance. The ATF’s history of inconsistent enforcement—evident in past controversies like Operation Fast and Furious—raises questions about long-term reliability.
If you’re a gun owner, FFL, or advocate affected by shifting ATF policies, this case shows the value of legal recourse. Consulting a Second Amendment attorney can help you navigate federal and state regulations, protect your rights, or challenge unlawful agency actions. Whether you’re facing permit issues or regulatory overreach, expert legal advice can make a difference.
What’s Next for GOA and the ATF?
The GOA v. DOJ lawsuit remains active in the Sixth Circuit, with GOA pushing for a final judgment to secure Michigan’s CPL exemption. The outcome could influence similar cases in states like Wisconsin, where the ATF also reversed CPL exemptions due to lax vetting. The case may set a precedent for how the ATF handles state permits under the Brady Act, impacting millions of gun owners nationwide.
Public sentiment on X reflects strong support for GOA’s efforts, with users praising their “no-compromise stand” against ATF overreach. However, some critics, like the Brady gun control group, argue relaxed policies could increase risks by allowing unvetted purchases, though GOA counters that CPL holders are already rigorously vetted.
Protect Your Second Amendment Rights
If you’re a gun owner or FFL facing challenges from ATF regulations or state permit issues, don’t wait. Contact a qualified Second Amendment attorney for a free consultation to explore your legal options. Whether it’s challenging agency overreach or ensuring compliance, expert advice can safeguard your constitutional rights.
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Last Updated: June 26, 2025
Sources
- YouTube Transcript, “ATF Playing Games In GOA Lawsuit” (youtube.com/watch?v=b84bYLhd0H4, 2025)
- The Reload, “ATF Allows Michigan, Alabama Gun-Carry Permit Holders to Skip Sales Background Checks After Trump Review” (thereload.com, May 30, 2025)
- Gun Owners of America, “GOA Challenges ATF Reversal of NICS Exemption in Michigan” (gunowners.org, September 30, 2020)
- Gun Owners of America, “DOJ and ATF Repeal Zero Tolerance Policy” (gunowners.org, April 7, 2025)
- Bureau of Alcohol, Tobacco, Firearms and Explosives, “Brady Permit Chart” (atf.gov, May 23, 2025)
- X Posts, Gun Owners of America (@GunOwners, May 25, 2025, and June 24, 2025)
