ATF police rifles illegal gun ghost guns
ATF agent poses with alleged "ghost guns." (AP Photo/Jae C. Hong, File)
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From the NRA-ILA . . .

On Tuesday, Joe Biden issued an executive order on gun control that could accurately be described as a mile wide and an inch deep.

Media and gun control groups that beforehand had been salivating over the idea that the measure would impose “universal background checks” for firearm transfers had to content themselves with a vague directive for Attorney General Merrick Garland to develop a “plan” to move in that direction.

And while the order’s other provisions were similarly vague and insubstantial, there is no doubt what it all adds up to: antagonism toward gun ownership is now the official policy of the U.S. government’s Executive Branch.

The good news for gun owners is that — after multiple rounds of anti-gun executive orders in the Obama-Biden and Biden-Harris administrations — there isn’t a lot that can plausibly be done administratively on that front that hasn’t already been done. Therefore, nothing in the latest order itself immediately or operationally limits Second Amendment rights.

The executive order even acknowledges that it will take further action from Congress to achieve the big ticket items on Biden’s gun control wish list, including banning ALL private firearm transfers, as well as so-called “assault weapons” and “high-capacity” magazines.

On the other hand, what has been done has often ignored the limitations imposed by federal statutes and the Constitution itself. What will actually come from Biden’s instructions to the bureaucracy in his latest order is therefore anybody’s guess.

Complicating the picture was the enactment last summer of the misnamed Bipartisan Safer Communities Act (BSCA). The NRA opposed the legislation, warning that its vague language gave anti-gun officials nebulous authorities that could be abused to target law-abiding gun owners and firearm-related businesses.

Now, Biden is basically directing an alphabet soup of federal departments — including Justice, Health and Human Services, Education, and Homeland Security— to comb through the BSCA and come up with their own plans to implement it to the fullest extent possible.

One of the most onerous aspects of the BSCA was its lowering of the threshold for when a federal dealer’s license (FFL) is needed to sell or transfer firearms. Previously, an individual only needed an FFL when engaged in “a course of trade or business“ involving “repetitive” buying and reselling  of firearms with the “principal objective” of “livelihood and profit.” The BSCA removed the livelihood element so that profit-seeking alone would fulfill the required objective of the sales.

This change broadened the FFL requirement, but it’s far from clear what that means in a practical sense. Fortunately, a “course” of “repetitive” buying and reselling of firearms is still necessary. But no one seems to know where the lines are now drawn.

Even national gun control groups haven’t come to a shared understanding. Brady-Giffords advocates for a numerical threshold of annual sales, an approach the Obama-Biden ATF specifically rejected under the “livelihood and profit” language.

Former Congresswoman and gun violence survivor Gabrielle Giffords addresses supporters during a gun control rally at the Michigan State Capitol, Wednesday, March 15, 2023, in Lansing, Mich. (AP Photo/Carlos Osorio)

Meanwhile, Everytown argues that ANY firearm sale at a gun show or pursuant to an ad is presumptive proof the threshold has been met. But this was the standard contained in the Manchin-Toomey legislation that Congress itself rejected during the Obama-Biden administration.

Thus, what Garland’s background check “plan” will look like and how it will be implemented remains a mystery.

Most of the other directives in the order boil down to a general principle that federal agencies should use whatever authorities they have to make life more difficult for gun owners or the businesses that serve them. Biden’s introductory statement that “we will no longer allow the interests of the gun manufacturers to win out over the safety of our children and Nation” demonstrates that he blames lawful industry — not the lawless, predatory criminals pulling triggers — for firearm-related violence.

President Joe Biden speaks on efforts to limit gun rights at The Boys & Girls Club of West San Gabriel Valley, Tuesday, March 14, 2023, in Monterey Park, Calif. (AP Photo/Evan Vucci)

As long as he continues to labor under that delusion, little progress will be made on reducing violent crime, which not coincidentally tends to be concentrated in areas under legacy control of Biden’s political party.

Besides the background check provisions, another aspect of the order that could eventually lead to substantial infringements involves requiring the Department of Defense (DoD) to “further firearm and public safety practices” through its “acquisition of firearms.”

Similar plans have long been proposed by gun control activists for the law enforcement agencies of large cities. The basic idea is that companies bidding on firearm-related contracts would have to commit to developing “safer” firearm designs, such as the fabled “smart guns,” or “best practices” that limited the sorts of products they make available to the civilian market.

Rejected design for the Army’s Next Gen Squad Weapon contract

Such plans have generally been rejected, however, as agencies have pushed back on requirements that would limit their officers’ access to the highest quality equipment. Nevertheless, DoD’s unparalleled purchasing power, and its increasing politicization, are reasons for concern.

Other aspects of the order indicate how impoverished and detached from reality the “thinking” is that underlies the gun control movement.

For example, the Federal Trade Commission is “encouraged” to “issue a public report analyzing how gun manufacturers market firearms to minors and … to civilians, including through the use of military imagery.” This is merely a retread of a recently resurrected gun control effort from the 1990s.

Minors, of course, are legally prohibited from buying firearms at retail. And “military imagery” is used to market everything from sunglasses to automobiles without any negative consequences. In any case, the point of this exercise is not to reduce crime. It’s to exploit a judicially-created loophole in the Protection of Lawful Commerce in Arms Act and make it easier for activists to pursue extortionate lawsuits against the firearm industry.

A host of federal components are also encouraged to do whatever they can “to encourage effective use of … ‘red flag’ laws.” This basically means encouraging citizens to accuse each other in court of being too dangerous to have guns and letting a judge gaze into a crystal ball or use some other non-scientific hokum to predict an individual’s future behavior and determine that person’s civil rights based on things that have not even happened.

Police officers red flag confiscation order
(AP Photo/Gerald Herbert)

Again, how the agencies will fulfill this mandate is anybody’s guess. But the inclusion of the Department of Education indicates that schools may soon be involved in targeting the firearms in students’ homes for seizure.

In summary, Biden’s latest executive order is not so much a roadmap as a declaration: gun ownership and firearm-related businesses are bad and a “whole of government approach” must be used to suppress them.

 

This article originally appeared at nraila.org and is reprinted here with permission. 

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80 COMMENTS

  1. The mask is sliding. Fascism is getting greedy.

    Not to worry. Work Will Set Us Free. Or so goes the rumor. Maybe Madagascar?

    • The common law of a constitutional Republic is very concise in that public servants can only act upon those things so privileged to them.
      WHAT IS NOT ALLOWED IS ABSOLUTELY DENIED.
      =
      Nowhere in any Constitution is the privilege granted to the President or any public servant to act upon the possession of firearms by lawful citizens.
      =
      Not “Rocket Science”.
      Madison wrote in Federalist 49, that public servants being restricted to that only allowed to them would protect our rights which is everything else they are not allowed to act upon.
      =
      Now if only we can get our public servants to do the right thing.
      ==
      ==========

  2. As I keep pointing out, the anti-gun direction of the Dems and Progressives is solely aimed at disarming Americans so that there will not be any real opposition to the Chinese peacekeepers that the Dems/Progressive plan on calling in to deal with the parts of the country that don’t accept the rule of the elites. The US is approaching the tipping point where the rule of law will fail, as Progressives take the ultimate steps to impose their rule.

    • They probably won’t be Chinese peacekeepers. They’ll be UN peacekeepers. The treaties are already in place, permitting the UN to put peacekeepers on US soil. Those individuals in UN uniforms may or may not be Chinese citizens, of course, since China is a member of the UN.

      And, God knows if that happens in my lifetime, I’ll be part of the resistance. Any uniformed and armed person on US soil who is not a US citizen is an invader. Legitimate targets, all of them.

      • please tell me one thing that makes more sense than bulldozing that whole mess into the hudson. would it really impact the fish that much?

        • Doing so would feed some of the fish. As for the rest of the UN, as my old water pollution prof liked to state, “the solution to pollution is dilution.”

  3. the EO probably coming to SCOTUS soon….yes, SCOTUS can do away with a presidential executive order and the effects/results of it as well as any actions taken under it.

    but…

    neither garland or the president can implement any more than is already allowed in law no matter what they ‘plan’, and a ‘federally implemented ‘universal background check’ is already unconstitutional as it requires a registry which is already illegal and unconstitutional. bans are already unconstitutional and have been for a number of years for ‘common use’ which SCOTUS has already ruled basically only means ‘posession/ownership’ (along with purchase or aquistion) and not in use for a specific purpose or a specific type.

    this is political grandstanding and bluster. there is nothing in the EO that has not already been in place for many years already.

      • They are going to push until they get the illinois response. 30 days to stop this nonsense or constitutional carry is the law of the land.

        They have become desperate and are lashing out. It will not end well.

        • They’re trolling for a response and doing so in both directions simultaneously.

          If they can bait someone into doing something stupid they have justification for a clampdown.

          If they get told to kick rocks by a court they can turn their base against the court system even more while screaming about [insert something from their usual grab bag here] and how this is “undemocratic”.

          They’ll take the first, it’s what they really want, but they’re planning on the second one because an election cycle starts in *checks watch* about six months and this is one of the things they’re hoping is a motivator for their side, provided the wheels don’t entirely come of the economy/finance world.

        • strych9 – you’re probably judging their reasoning and motivations pretty accurately. But, they’re not counting on the rather large numbers of Democrats and people who live in Democrat controlled cities who have purchased their own weapons in recent years. The polls tell us that fewer and fewer people approve of gun control. It’s all going to bite them in the ass.

        • “But, they’re not counting on the rather large numbers of Democrats and people who live in Democrat controlled cities who have purchased their own weapons in recent years.”

          They are quite well aware of this. They don’t care.

          They don’t care because the number of urban/suburban non-gun owners who can be ballot harvested “post Covid” far outnumber the people who’ve bought a gun.

          This got them an sub/urban advantage of 7,059,526 in 2020 and they’re considering that a cushion going forward. As such, they’re worried about things that can move the needle and guns are not one of those things.

          For all the hoopla #GunVote is never a top issue outside our own 2A base. Most people simply DGAF. I’ve been pointing that out every cycle since 2016. It’s why the GOP is totally content to backstab you every time and you do nothing about it. Because you can do nothing about it.

          Democrats, OTOH, have other issues that concern them, they vary a bit by geography, but guns are not one of them at a national level.

          Democrats have two things that the GOP fundamentally doesn’t understand. First, excellent party discipline and second, very, very, very expensive and extremely good private polling at their fingertips and they choose to attack on guns at this point because they know it cannot actually hurt them. This is why the Podesta hack showed internal HRC emails that were 100% against the public narrative. They knew she was in trouble in 2016, they just couldn’t admit that in public.

          Here’s the truth no one wants to admit: Joe Sixpack doesn’t care about the 2A and hasn’t since 1950. In fact, you can argue back to beginning of scientific polling that Joe Sixpack has never cared. The only people who don’t seem to realize this are 2A folks.

          Joe Sixpack cares mostly about the economy. Foreign affairs and even war take a backseat to that. Sorry to say it, but constitutional Rights are not even on the average Americans radar in an election.

          The only people who get amped up about gun control are 2A folks, who don’t really matter at the national level, and anti-gun folks.

          As such Dems see the the truth; being hardcore antigun at this point increases their base energy and can’t hurt them since no one who’s actually going to vote 2A has voted Democrat in the past four cycles.

        • @strych

          “Joe Sixpack doesn’t care about the 2A and”

          Actually, it is Jolene that doesn’t care. And Joe Six cares, but has his hands full with Jolene.

        • Joe Sixpack’s grandfather did not care. There is a newsreel that asks the common man about the recalling of gold back in the 30’s. Normal workers were not able to save many gold coins, even the $5 gold pieces. $20 gold coins might be horded, but very few people could do so. When the newsreel asked this guy, he said a buck is a buck, and that is fine with him.
          You can go back to the whisky rebellion, and will see that most people are only interested in their personal economies. I think it would be better if more were, that way people would buy cars when they need a car, not because the government says it would be a wise time to buy.

        • And Joe Six cares, but has his hands full with Jolene.

          This is just a long way of saying Joe doesn’t care.

          I think it would be better if more were, that way people would buy cars when they need a car, not because the government says it would be a wise time to buy.

          Are you referring to tax credits?

      • Private transfers are banned in California and New York, probably New Jersey too; all transactions must be processed through an FFL except as to specified intrastate, intrafamilial transfers. Under federal law, all interstate transaction, private or not, must be processed by an FFL in the transferee’s state.

        • Intrafamilial transfers still require a form and a fee. You just don’t have to go through an ffl. Contacting the state doj on these matters can be a bit of a pisser. At least that’s the way I remember it. It has been a few years since the last time I did it.

        • I know pistols require paperwork for interfamilial in NY but not sure on rifle and shotguns so time to research.

        • exactly. i can purchase an ithaca 16ga pump in sandusky and drive it home across three borders, but their 1911 would have to be sent to my guy.
          i’ve been asking ttag for years to review the “ohio colt.”

        • Banned in Colorado too, since now Senator, then Governor Lickshispooper signed that legislation into State Law in 2018 (I might be off a year on that).
          So here in Cannabis Fragrant Commierado, our 2 US Senators are Die Hard Anti-Gun. When I’ve written either, the replies I receive back are boiler plate Democrat and full of both lies and misinterpretation. Senator Bennett, outright lied and told me I could keep using my pistol brace under ATF’s new rule, as long as I didn’t shoulder the gun. Direct contradiction of what the rule itself says. Hickenlooper, doesn’t even take the time to reply.
          I’ve come to the point of why bother with writing these two schmucks, when they’re both Full Bore Anti-Gun.

      • .40 cal,

        Oh, no, they “ban” them in lots of places, including the People’s Soviet Socialist Republic of KKKalifornia. Problem is, those bans are inherently unenforceable, so they TRY to attack the means of transfer (to get a gun delivered in KKKalifornia, it must be sent FROM a registered FFL or manufacturer TO a registered FFL, and a background check performed). And that’s why gun shows continue to happen, as well as fostering a thriving black market.

        But Leftist/fascist gun-grabbers are unlikely to gain rationality before the heat death of the universe.

  4. FJB.
    Yep, I know the response is childish, but when dealing with children, and those truly inept puppets …
    FJB.
    Executive orders are not Constitutional.

  5. The clock is running down for Jim Crow Gun Control democRat joe. He’s clearly beginning to melt like the evil witch from the Wizard of Oz. In the end if America is not under Russia and China occupation all that will remain of joe is a puddle of steaming Gun Control poo.

  6. I had not planned any further gun purchases for 2023…too many other critically important expenses coming up and my utility Bill’s have almost doubled. But with the left in near total control of the election apparatus, it seems likely their tyranny will continue and expand. Maybe it is time for that AR10. Let’s see how tax season goes.

    • No more firearm anything around here for the forseeable future, the corral is full and gun stuff pocketbooks are empty. When it comes time for your .308 I suggest beginning with Aero Precision Receivers. If you’ve never assembled a .308 they can be finicky especially setting up the upper. And if so consider using the Aero Enhanced upper receiver with a 15″ Aero Enhanced handguard. For an Enhanced upper dig deeper for a Criterion barrel which uses the AR-15 length gas tube.
      I use Faxon 20″ Big Gunner barrels for my sweat equity builds and they require a 15.5″ gas tube. I also use CMMG .308 LPKs mainly because the pivot pin diameter is larger than the Aero LPK. The longer Aero mag release button is purchased separately as are .156″ diameter JP hammer/trigger pins that require the hammer J-Spring to be removed which can be a wrestling match if you haven’t done dozens before. I recommend replacing the CMMG takedown pin with a pushbutton style KNS pin. For a buttstock consider the Fulton Armory A1 or A2 rifle length. Springs vary with those so you might consider the quieter JP rifle length .308 spring. Since mags vary start with a polymer Pmag 20.
      Check if a dummy round will finish chambering using the forward assist. If the round will not forward assist take the bolt completely apart and check it and the headspace.
      Aero was smart staying with the high tang upper receiver, lows are machined very thin between the rail slots and charge handle channel. One of the good things about Aero is you can purchase the lower receiver and later on be confident an Aero upper receiver will fit well.

  7. This is Geriatric Joe flailing again at the wind of the upcoming judicial rulings at SCOTUS and the multiple Circuits. The recent 5th Circuit ruling on the legality of “Bump Stocks” and AG Garland’s decision not to appeal confirms this.

    • Monday for NY’s next hearing against the CCIA and it’s multiple combined challenges. Lost track of when the SAFE act’s next hearing is but it is a few steps behind as is the NYC carry permit one.

  8. Marketing guns to minors? Just about every video game with FPS and TPS has recognizable firearms in it for the last 25+ years. Half-Life and Goldeneye are two of the oldest.

    And then Counter-Strike in its various forms, Medal of Honor and Call of Duty franchises, Global Operations, IGI, and many, many more.

    • I was surprised at how accurate firearms appear in a lot of those videos. I don’t play the games but my kids and grandkids do.

      And the series ‘Archer’ does a decent job representing the look of real firearms for a cartoon.

      • As a person who played tabletop War Games as a kid. Avalon Hill, Game Designers Workshop, Dungeons and Dragons. Etc. The computer game people have followed the history of the previous war game creators. They focus on historical events, real historical figures, as well as the real weapons that were used.

        All as a selling point to Market their games.

        Some of the early gun channels on YouTube had gotten contracts from the computer game companies. To record the sounds of gunfire. And to be specific to make sure they recorded an M1, a Thompson, a sten gun, an MG42 and so on. They wanted the exact sounds of all of these weapons, to add to the correct image, of what the weapons looked like.

        A lot of these kids are not watching the old war movies like I did. They’re playing these computer war games and learning about guns that way.

        It was a Democrat, Al Gore’s wife Tipper Gore, who went after music In the 1990s.
        I fully expect the Democrats to pressure the computer game companies. Just like the Democrats pressured Twitter to censor Republicans and conservatives in general.

        • They may try but I suspect they will be about as successful as they would be in removing firearms from Hollywood and for the same reasons.

        • Chris T in KY,

          Avalon Hill!!!
          Battle of the Bulge
          Bismark
          Anzio
          Blitzkrieg
          D-day
          Afrika Corps

          I learned a great deal of WWII history from playing those games and reading about the battles. Loved them!!

        • to LifeSavor

          I loved all those tabletop games!! Great memories with great friends. I used to dazzle my high school history teacher and classmates with all the information I learned this way. I just wish they could figure out a way, to teach english grammar and mathematics using a game format. It would have helped me later life.
          big(smile)

          Special mentions for, Submarine, Russian Campaign, Richthofen’s War, Squad Leader, Air War, jet combat in the 20th century, and
          “Wacht am Rhein” a monster size with over 800 games pieces!!!

          Over 60 kids and adults cramed into a small library room every friday night. And many a saturday and sunday.

        • Oh I forgot about the game “Diplomacy”. Or how to learn to stab someone in the back, before they realize you were coming for them.
          I understand this game was very popular at the college level, in the political science departments.

        • holy wow blitzkrieg and bismark upon entering junior high. quite a step up from crossing the “t” in broadside or riding the trans siberian railroad in kommissar.

    • Minor Irratant #49 will be along shortly with some cut’n’paste of some obscure study that shows how movie and video violence is actually healthy fur developing young minds. Gotta give the jackass kudos for his google search prowess, let him cling to his socialism apologist duties.
      I’ll cling to whatever I feel like carrying on any particular day.

  9. This from a President that Sold and Gave Billions of dollars of Weapons to Ukraine. UK:”Can I get a Tank?” President: “Sure”. US Citizen: “Can I get a Pistol to defend myself?” President: ” No, Ban Guns”. Fucking hypocrite.

  10. I just wonder when people are going to wake up and realize the Federal Government has already declared war on its law abiding citizens and all these new laws and rules should be summarily rejected and not obeyed. If this results in confrontations so, be it. They don’t seem to care that violence has escalated due to unfettered illegal immigration, defunding the police, lack of prosecutions for serious crimes, and laws that make no sense whatsoever like not prosecuting thieves if what they stole is less than $1000. I wonder what these same folks would do if I walked into their house and said I am taking $1000 of your property and I am sure you won’t mind since you voted for that for commercial businesses. Wake up folks and stop being mindless dolts that think you will be exempt from more and more of this insane behavior on the part of elected Democrat officials.

    • It’s not just the Feds. Here’s what they’re facing in the state of Washington with the new HB1240 “Assault Weapons” Ban that’s about to be passed:

      “Other important aspects of the law that many are not aware of. This bill also prohibits the sale or transfer of common parts that many of us have for repairs or maintenance. Parts are now subject to regulation as they “can be used to assemble” under this new law. Key parts such as bolt carrier groups, barrels, stocks and grips will all be illegal to sell or transfer after this law goes in to effect.”

    • They don’t seem to care that violence has escalated due to…

      They care very much about this. Just not in the way most Americans would expect.

      Some might say that they view it as “a feature, not a bug”.

  11. Yea make no mistake about it, this new stuff he is pushing will repeal the laws that were put in place prohibiting the suing of gun manufacturers just because their gun was used illegally or in a shooting that is not justified.

    I still just don’t understand how anyone can watch his speeches and not be worried. It’s clear none of this is his design and he is a puppet that can’t remember how to put his socks on each morning.

      • And everyone from your local liquor store, car repair shop, auto dealer that sold the car, all of the former owners, the brewers and distillers. The fault chain would be very long.

  12. This god damn country has burned up my tears……..character Allen o’brien (first introduced page 121 in Lonesome Dove by Larry Mcmurtry)

    jus’ sayin’

  13. so they should prepare
    for a
    “whole of the armed citizenry”
    and “a significant portion of the military” response
    when they unconstitutionally attempt
    lexington and concord 2.0

  14. The nice thing about a suite of tools is that they’re adaptable.

    Don’t have a “compelling government interest” that justifies that suite of tools? That’s cool, you can just make one.

  15. When are the idiots in charge going to understand 2 very simple facts. First being no law, ban, restriction, or legislation will ever prevent a crime or act of violence.
    Second being the implement used is completely irrelevant. Murder has been illegal for a very long time. A pick up truck, or a couple gallons of gasoline and a road flare would do a hell of a lot of damage if someone chooses to commit a crime. The other part of the issue is no matter what is used to cause harm, it still takes a human hand and a human mind to commit the crime. Unless and until the human is held accountable and dealt with no amount of hand wringing or pearl clutching over firearms will do anything about crime.
    Gun control has nothing to do with children or preventing crime or protecting the general public. It has everything to do with control over the general population and giving power and control to the political elites and bureaucrats.

  16. Phillip Pine says No Fishing my south porcelain see.
    And petticoat juncuntion uncle man is taking away our gunms.
    My cat who had kittens went outside for awhile now she is crying for her kittens. I suppose I could make her stop however I’m just to full to eat right now.

  17. Federal law does not prohibit private transfers of firearms between those who are not prohibited persons IF the party’s reside in the same state.

    Under federal law, an individual is prohibited from transferring a firearm to an individual who does not reside in the same state as the transferee, unless they are licensed to do so (e.g. FFL).

    However, states may (simply because its not been stuck down at SCOTUS yet) ban private transfers between people inner-state. But, this too is on shaky constitutional footing because under the constitution a person may freely do what they wish with their own property, and its an unconstitutional prohibition on the the exercise of the 2A between non-prohibited persons and also an unconstitutional infringement of the 2A because ‘common use’ also includes ‘personal acquisition’.

    For the federal government to ban private transfers inside state borders would be a constitutional violation of Article I, Section 8 (commerce clause) which only allows Congress “to regulate commerce with foreign nations and among the several states,” known as interstate commerce meaning not inner-state and at the foundation of all federal ‘gun control regulation’ laws is the commerce clause. It does not allow Biden or Garland to do this, and that power can not be ‘executive ordered’ into existence – only Congress may do it.

    For example; The commerce clause is the reason why Federal law does not prohibit private transfers of firearms between those who are not prohibited persons IF the party’s reside in the same state (inner-state) – but can prohibit from transferring a firearm to an individual who does not reside in the same state as the transferee, unless they are licensed to do so (e.g. FFL) which would be interstate.

    Additionally, aside from other constitutional issues and laws the commerce clause would also prohibit the federal government from enacting “universal background checks” (aside from requiring an already illegal and unconstitutional registry) that affected private transfers inside a state because its inner-state and not inter-state.

    Basically, what Biden wants Garland to do is find a way around the commerce clause to which they can claim an existing federal law applies – because anything else would require an act of Congress and Biden knows he can not get Congress to do it or pass a law because the Democrats do not control both houses of Congress. Biden is intentionally trying to bypass congress. But SCOTUS has already in numerous other cases ruled the federal government is very narrowly constrained by the commerce clause and does not have broad power where they wish and as they wish and also the power under the clause the federal government does have can not be applied to private transactions of people for their own property inner-state. But even if Congress did pass something (which they aren’t) to ban private transfers inner-state it would already be unconstitutional the moment it was passed.

    Also, the federal governments actions for the ‘if its for profit’ private sales and their definition of when a private person is engaging in the act of selling firearms is already constitutionally shaky because actually the federal government can’t do that inner-state between private individuals for, for example, one offs or limited sales of personal collections, which is why they frame it in a ‘need an FFL license’ context in an attempt to keep it under the commerce clause power they do have. It just needs a case to make it to SCOTUS and that will probably go away because clearly its outside the limits that SCOTUS has already set many times for government to narrowly constrain them under the commerce clause.

    • Clarification for : “However, states may (simply because its not been stuck down at SCOTUS yet) ban private transfers between people inner-state.” —- specifically for: “(simply because its not been stuck down at SCOTUS yet)” – meaning in the context of Bruen, which incorporates Heller and McDonald as in ‘common use’ which also includes personal acquisition as person chooses in order to exercise the right.

  18. Bidens EO is not going to result in the ‘The Protection of Lawful Commerce in Arms Act (PLCAA)’ being repealed. That would require and act of congress, and Biden knows he can not get something like that through congress because the democrats do not control both houses of Congress. And besides, his claim that firearms manufacturers can’t be sued is false to begin with – they just can’t be sued and held accountable for the criminal acts of others just like Ford already can’t be sued and held accountable for the criminal acts of others with their cars.

    But, if by some (and its not going to happen) chance congress did repeal ‘The Protection of Lawful Commerce in Arms Act (PLCAA)’ – such an action would not affect just the firearms manufacturers. It would affect everyone, yes, even the individual, for any property or thing even if they did not manufacture it. For example, car manufacturers could be sued and held responsible for the criminal acts of others, an individual who had their car stolen could be held responsible if the thieves ran over a person with that stolen car. They can’t be held responsible now or before the PLCAA but repealing the PLCAA would be basically saying that while they can’t be held responsible now that the repeal would set new precedent that one could be held responsible for the misuse or acts of others for anything.

  19. The federal government is now officially at war with law abiding gun owners and the Constitution of the United States. Biden’s ‘executive order’, although nothing of real substance, officially in writing weaponizes the federal government, including armed federal law enforcement, against law abiding gun owners, American citizens, and the Constitution of the United States.

    Law abiding gun owners may have reason to ‘reasonably fear serious bodily harm or death’ from any actions of armed federal law enforcement against them (e.g. ATF shows up at your door in force armed for one of their frequent infamous coercive attempts to get you to let them enter without a warrant and you have broken no laws). This executive order basically gives federal law enforcement a ‘use all means necessary’ order to do what he has said …. meaning when you tell the ATF to go pound sand and get a warrant if they want to look at your guns when they show up at your home they can possibly use force or ‘intensive coercive’ techniques (AKA ‘threats of force’) to get you to comply instead of having to leave (no, not legally use force, but its gonna happen). In short, Biden is telling armed federal law enforcement to do as he says and ignore the law and the constitution to get you by any means necessary. Its now only a matter of time before ATF or DOJ tries to do that. Biden has intentionally attacked and threatened and endangered the lives and constitutional rights (the 1st, 2nd, 4th, 5th amendments) of around 40% of American citizens (but actually all American citizens if they own a gun or not because if he could be successful it sets precedent for the federal government to apply infringement to all rights for anyone as they so desired), he has declared war upon American citizens.

    • Clarification: This EO is political grandstanding and bluster. Biden and anti-gun knows there are cases pending for SCOTUS or on the way there that is going to put a hurt on their efforts when SCOTUS rules on them. Its the desperate ‘public’ act of Biden and anti-gun to appear to be ‘right’ and ‘doing something’ when in reality most of their stuff is based upon lies and deceptions they have created in the public sphere in an attempt to use fear and polarization to gain control over all of the first 10 (bill of rights) constitutional rights to make them ‘collective’ instead of rights of the individual. When rights are collective they can be treated as privilege because they can then be selectively applied as government sees fit because its not an individual right if its a collective right – the founders clearly did not intend for the first 10 of the bill of rights, which includes the 2A, to be collective but rather individual rights and they made this known many times. But the fact that Biden put his missive in official writing with his EO, and also by that order to officially weaponize the federal government against American citizens, is a formal declaration of his war upon American citizens.

  20. Advanced background checks for those under 21 purchasing gunm.
    Wow , that should do it as most 21 year olds have an extensive background to check.
    My YAY Another Day happy chart is very very low.

  21. Biden’s DOJ is trying to push SCOTUS to expedite a ruling on a Lower Courts rejection of the Domestic Violence Restraining Orders banning anyone subject to the RO, from owning/possesing/buying a Firearm. The Lower Court was correct IMO, because an RO is not a Conviction, it’s an Allegation.

    Biden’s always been Anti-Gun, so this is a dance he would do even if there wasn’t a puppeteer involved in this Regime. He’s not with it enough, nor has he ever been smart enough to craft this EO on his own, someone else not only wrote it, but he would have no problems calling it his own, proven plagiarist that he is.

    Seriously though, I believe a clandestine Registry already illegally exists, and records of 4473 Background Checks are already in their hands, and have been since the system was first computerized. Congress is clueless about the database’ existence, but it’s there, in a moldy government green painted room, located outside DC, and every 4473 generated Background Check is on file, and ready to be used if Confiscations are ordered.

    You won’t convince me otherwise.

  22. are you guys still paying attention to the law? sorry, I stopped a while back. with commies ignoring the drug and immigration laws and the constitution I figured if they don’t have to obey laws then neithr do I.

  23. We keep saying “ if Biden continues to….”. Biden does what he is told, he is a senile, foolish old man, the latest joke foisted on the American public. His vice-president is a worse joke.
    But do not think that they are driving their own agenda, they are paid puppets, up front, hiding what is really going on.

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