The looming battle over the 2nd Amendment, AKA Welcome back Mr. Trump!
The U.S. Constitution declares that federal law is “the supreme law of the land.” As a result, when a federal law conflicts with a state or local law, the federal law will supersede the other law or laws. This is commonly known as “preemption.” Under the Supremacy Clause, found in Article VI, section 2 of the U.S. Constitution, both the Constitution and federal law supersede state laws.
On April 8, President Biden announced his intent to issue executive orders aimed at banning ghost guns, closing certain loopholes related to gun shows, making stabilizing braces subject to the NFA, and taking steps toward nationwide Red Flag laws. If this order is like the bump stock ban in 2018, it will ban the sale of stabilizing braces and Americans will have 90 days to destroy them or turn them in to the BATF. It is estimated that there are 10 million or more of these in the U.S. with an untold number of other weapons equipped with these braces.
Much the same thing was done by President Trump, when he signed an executive order criminalizing bump stocks. But just weeks ago, on March 26th, the U.S. Court of Appeals for the 6th Circuit ruled that no President is allowed to dictate the terms of criminal law, blocking Trump’s ban on bump stocks. The court also stated that a lower court should have granted a initial request for an injunction blocking President Trump’s order. Given this decision, I have to believe that if President Biden signs an order criminalizing stabilizing braces, an injunction will immediately be granted blocking that order.
On April 11, Texas Governor Texas Gov. Greg Abbott dismissed the idea that firearm restrictions could be passed via executive order, and called President Biden's measures addressing gun violence a "show" and "I think that there is no acceptable way that a president by executive order can infringe upon Second Amendment rights or alter Second Amendment rights."
Red states are scrambling to fight any and all proposed restrictions and more than a dozen states have pending legislation to nullify new proposed Federal gun laws or Executive Orders issued by President Biden. As of two weeks ago, according the Associated Press, Alabama, Arizona, Arkansas, Missouri, Nebraska, Oklahoma, South Carolina, Tennessee, Wyoming, New Hampshire, North Dakota, South Dakota, West Virginia, Iowa and Utah are considering gun nullification laws. Since 2008, more than 3/4 of U.S. States have proposed nullification laws.
Governor Abbott of Texas has called for his state to become a Second Amendment sanctuary. He recently joined state GOP lawmakers in backing legislation that would allow Texas to simply disregard federal laws on firearms.
In Iowa, Governor Reynolds signed a bill on April 2, 2021 that will make handgun carry permits and background checks on unlicensed sales optional.
The Missouri state House just passed a measure that would allow police departments with officers who enforce federal gun laws to be sued and face a $50,000 fine.
In Utah, the state House passed a bill with a similar provision forbidding the enforcement of federal gun laws.
In 2018, Effingham County, Illinois, passed a series of resolutions opposing bump stock bans and a mandatory 72-hour waiting period on gun purchases, along with a litany of other gun control measures. Since then, more than 70 counties in Illinois have passed some kind of Second Amendment sanctuary legislation.
In Newton County, Missouri, local lawmakers passed a 2nd Amendment act that allows local law enforcement to arrest any federal agents attempting to enforce federal gun laws.
In Montana, the state House passed a bill last week to bar state officials from enforcing federal bans on certain firearms, ammunition or magazines. Governor Greg Gianforte just signed a bill that relaxes gun restrictions. It allows concealed firearms to be carried in most places without a permit and expands the list of places where guns can be carried to include university campuses and the state Capitol.
Similar measures are being pushed in states that include Oklahoma and West Virginia.
On April 6, Arizona Governor Ducey signed legislation which makes it illegal for state and local governments and employees to enforce, administer or cooperate with any federal law, act, treaty, rule or regulation that is “inconsistent with any law of this state regarding the regulation of firearms. The proposal would allow officers to be sued for enforcing federal gun restrictions that the state considers violations of the Second Amendment. Those officers could potentially face criminal charges.
On April 14, Governor Pete Ricketts of Nebraska issued a proclamation designating Nebraska as a "Second Amendment Sanctuary State." It states that "Nebraska will stand up against federal overreach and attempts to regulate gun ownership and use in the Good Life" and sends a message that Nebraska will take any necessary steps to defend the right to keep and bear arms.
Since 2018 nearly 270 counties across the country have passed resolutions declaring themselves part of the 2nd Amendment sanctuary movement. Last year, some 400 municipalities in 20 states had drafted resolutions — and the numbers have only risen since then.
In 2019, Hood County, Texas, declared itself a Second Amendment sanctuary with staunch support from Sheriff Roger Deeds, who believes that the "law enforcement powers held by the sheriff supersede those of any agent, officer, elected official or employee from any level of government when in the jurisdiction of the county."
The Idaho Legislature unanimously passed a law to keep any future federal gun measures from being enforced in the state.
In Kansas, a law passed last year says federal regulation doesn’t apply to guns manufactured in the state. The Kansas law also makes it a felony for federal officials to enforce U.S. firearms laws.
Wyoming, South Dakota and Arizona have had laws protecting “firearms freedom” from the U.S. government since 2010.
On April 8, Tennessee Governor Bill Lee signed a bill that allows people in the state to carry handguns concealed or openly without a permit. The law will apply to most adults in Tennessee.
Under Utah law, guns made, purchased and used in the state are exempt from federal laws.
On April 9, West Virginia Governor Jim Justice signed a bill removing the sales tax on gun and ammunition purchases across his state. The new law will go into effect on July 1.
"The number of FBI background checks for gun purchases continues to break records. In January and March 2021, the FBI's National Instant Criminal Background Check System surpassed four million; the only time they’ve ever been this high. According to the Washington Post, more than two million guns were sold in the US in January alone - an 80% increase over the same month in 2020.
On 24 April 21, Governor Greg Gianforte just signed a bill the bill says that local and state authorities cannot enforce federal bans on guns, ammunition and magazines. It also prohibits state funding from being used to uphold any sort of gun ban that might come from the federal government.
On 28 April 21, the Arkansas legislature passed a bill that aims to ban federal gun restrictions in the state that violate the right to bear arms. The legislation declares federal gun restrictions passed after January 1, 2021 that violate the Second Amendment are invalid in the state. Republican Governor Hutchinson is expected to sign it.
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In 1842, in Prigg v. Pennsylvania, the Supreme Court ruled that states cannot be compelled to use state law enforcement resources to enforce federal law. What exactly does this mean? It means that any state can disagree with Federal gun laws and they can refuse to enforce those Federal laws, so that any and all enforcement must be done by the Bureau of Alcohol, Tobacco, & Firearms, the FBI or Justice Dept., which collectively lack the resources to properly enforce those gun laws. Think of all the states that have passed laws legalizing medical or recreational marijuana. Marijuana is still illegal at the Federal level, but it has become too burdensome for the Federal government to enforce the law. States simply have no obligation to enforce federal laws.
The Posse Comitatus Act is a United States federal law signed on June 18, 1878, by President Rutherford B. Hayes which limits the powers of the federal government in the use of federal military personnel to enforce domestic policies within the United States. This means the U.S. government cannot use the military to enforce gun laws.
It is abundantly clear that Mr. Biden did not win the last election; Trump lost. 81 million voters did not want Biden for President; the vast majority just didn’t want Trump. Moderate Republicans voted for Biden because they could not bear the thought of another 4 years of Trump.
I don’t think most moderates care if President Biden imposes nationwide red flag laws, closes the gun show loophole or mandates stricter background checks or longer waiting periods. I think they will care a great deal if he takes away the millions of stabilizing braces already in American hands. This will be seen as a sign to every gun owner that if the government can take away parts of our guns, they can take away all of our guns. The proverbial “Give them an inch and they think they’re a ruler.” Is this just the beginning of a much broader, more restrictive program by testing the waters to see what he can get away with before jumping in with his real agenda?
A total of 34 Senate seats and all 435 House seats are up for election on November 8, 2022. I think Mr. Biden’s gun grab strategy will guarantee that the House and Senate will flip in 2022; the Republicans will take control and Mr. Biden will lose his tenuous majority.
There are about 72 million gun owners in the United States. It is estimated that there are 393 million guns in the hands of American civilians. There are more than 220 million Americans older than 18. In the last election, some 155 million votes were cast, and Arizona, Georgia and Michigan tilted from red to blue. I believe that those states will tilt back to red if President Biden goes too far and takes away a single thing from gun owners. I think all of the gun owners and many of these moderate Republicans who abandoned Trump will become single issue voters, allowing him to retake the White House in 2024. For these voters in 2020, it was “Anybody but Trump”. The next election will be “Save our guns” and they won’t care that they have to elect Trump to do that.
Four months ago, nobody in America could conceive that thousands of angry Americans would storm the nation’s Capital. I can only imagine what 72 million furious gun owners are capable of.
I think the Democrats are sowing the seeds of their own destruction and playing into the hands of Donald J. Trump.
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Here’s an interesting factoid: In 2012, the Department of Homeland Security published a solicitation entitled “Personal Defense Weapons” seeking bids on new rifles with select fire capability. (AKA machine guns). Isn’t it odd that the government calls fully automatic rifles “personal defense weapons, but the semi-automatic AR15s in the hands of American citizens are called ASSAULT WEAPONS?