So-called conservatives have rightfully pointed out Joe Biden’s out-of-control use of executive orders to issue unconstitutional gun control measures as he systematically dismantles the Second Amendment, but they should also point out that his ability to do so comes courtesy of Donald Trump and the Republican Party.
Biden is expected to release a new round of gun control measures any day now that will take effect in 2024 (via America Insider):
Last year, a federal gun law passed that gave the Biden administration a new tool to increase background checks on “private” firearms sales.
In March, President Joe Biden issued an executive order to take advantage of this new power with help from the Justice Department and Bureau of Alcohol, Tobacco, Firearms and Explosives.
These government agencies are working on the new rule and expect an outcome in 2024.
The new provision “could set a threshold number of transactions that would define a dealer; gun-control groups hope to see it at five sales a year or lower,” political analysts explained.
“The rules will be backed up by a renewed push to prosecute businesses that refuse to register, by accessing bank records, storage unit leases and other expenses associated with running an off-the-books gun business,” the report added. (Emphasis mine)
The federal gun law passed last year is the Bipartisan Safer Communities Act — so titled because Trump and Republicans agreed with Biden and Democrats on the issue of gun control — and it gave Biden the unlimited authority to do as he wishes in the name of “safety.”
I’m hoping all new regulations will be issued & made effective soon by the Biden Administration under the Bipartisan Safer Communities Act.
— Richard Blumenthal (@SenBlumenthal) August 1, 2023
The Bipartisan Safer Communities Act is the brainchild of Marco Rubio — though he voted against final passage — and it was supported by 9 of the top 11 highest NRA-funded Republican Senators. Included in the list of conservative Republicans cowards receiving massive sums of money from the NRA were Mitt Romney (UT), Richard Burr (NC), Roy Blunt (MO), Thom Tillis (NC), Joni Ernst (IA), Rob Portman (OH), Todd C. Young (IN), Bill Cassidy (LA), and Pat Toomey (PA).
Would you look at that!
9 out of top 11 highest NRA funded US Senators voted FOR selling out your gun rights to the Democrats.
In other words this compromise was brought to you by the @NRA.
Care to explain Wayne? @NRAILA pic.twitter.com/DfFFTShwgH
— National Association for Gun Rights (@NatlGunRights) June 22, 2022
The NRA has a nefarious connection with another pro-gun control Republican, Donald Trump, who supported one of the key items in the Bipartisan Safer Communities Act when he was in the White House: red flag laws.
Despite claims to the contrary, Trump was a big fan of the idea of seizing the guns of law-abiding citizens without due process using Extreme Risk Protection Orders, aka red flag laws.
When Nancy — “If I had my way, sporting guns would be strictly regulated, the rest would be confiscated” — Pelosi made “common sense” gun control one of her top priorities as the new Speaker of the House in 2019, it came as no surprise to see Trump and the Republican Party openly embraced Pelosi’s anti-gun agenda.
In fact, beginning with the 2016 shooting at a gay Orlando nightclub by an Islamic terrorist, Trump and the swamp he promised to drain were open to finding new ways to deny Americans the right to bear arms.
I will be meeting with the NRA, who has endorsed me, about not allowing people on the terrorist watch list, or the no fly list, to buy guns.
— Donald J. Trump (@realDonaldTrump) June 15, 2016
While their goal to disarm America laid dormant during the first year of control of Washington following the 2016 election, NRA-endorsed Donald Trump and the Republican Party made gun control betrayal a top priority following the tragic shooting at a Florida high school in February 2018 when they joined Democrats to push for new anti-gun laws.
In a “bipartisan” — there’s that word again — meeting with pro-gun control legislators from both parties a few days after the Florida tragedy, Donald Trump promised Sen. Dianne Feinstein that he would ban bump stocks “without Congress” using his pen and phone.
“I’m going to write that out. We can do that with an executive order. You won’t have to worry about bump stocks. We can do it without Congress. We have to act.”
Unfortunately, the man who routinely broke his promises kept that one, although it was later struck down by the Sixth Circuit Court of Appeals thanks to the fine work of Gun Owners of America.
This was when Trump told his Democrat friends that he supported taking guns from citizens without due process even if they had committed no crime. He also said police should be able to seize guns “whether they have the right or not” and that government should have the power to “take the guns first, go through due process second.”
Seizing guns without due process (Fifth and Fourteenth Amendments) is how Constitution-shredding red flag laws are implemented. Red flag laws allow citizens to anonymously petition a judge for an order giving police authority to seize all firearms from people deemed a threat to themselves or others … by force if necessary. No warrant. No arrest. No charges.
John Cornyn claimed that the Bipartisan Safer Communities Act wouldn’t prevent people from buying a gun, nor deny people who have their guns seized under red flag laws their due process rights:
“Unless a person is convicted of a crime or is adjudicated mentally ill, their ability to purchase a firearm will not be impacted by this legislation.
“What we’re trying do is prevent dangerous individuals from unleashing violence on their communities, and one way of achieving that goal is through more robust crisis intervention programs.
“One of the things that we’ve agreed upon is they have to have robust due process protections because we’re talking about a constitutional right. So, if the new law does not include due process protections, it will not be eligible for these grants, no matter what form that crisis intervention program takes.” (Emphasis mine)
Nice talk, but nothing more than political doublespeak used to hide the fact that many people will be denied their Second Amendment right to purchase a firearm while many more will have their firearms seized by law enforcement without due process and/or in violation of their Fourth Amendment protection against unreasonable search and seizure.
The Supreme Court said as much when it ruled in Caniglia v Strom that warrantless gun confiscation from Americans’ homes is unconstitutional under the Fourth Amendment, voting 9-0 in favor of a Rhode Island man whose firearms were taken by law enforcement without a warrant after his wife expressed concerns that he might hurt himself.
There are many who doubt how Donald Trump in the Republicans helped Joe Biden spread his gun control gospel, but the Bipartisan Safer Communities Act and history tells us otherwise.
David Leach is the owner of the Strident Conservative. He holds people of every political stripe accountable for their failure to uphold conservative values, and he promotes those values instead of political parties.
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