Civic Register
| 4.8.21
Biden Announces Executive Actions to Limit 'Ghost Guns' & Stabilizing Braces for Pistols
Do you support or oppose Biden’s executive actions on gun control?
What’s the story?
- President Joe Biden on Thursday announced a series of executive actions on gun control, including orders aimed at restricting so-called “ghost guns” and stabilizing braces for handguns. He also signaled a renewed push by his administration for “red flag” laws and formally announced his pick to lead the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).
- Biden directed the Dept. of Justice (DOJ) to issue proposed rules within 30 days that require serial numbers for key components of “ghost guns” and background checks for the purchase of such assembly kits. The term “ghost guns” refers to firearms that are assembled piece-by-piece by the purchaser. While firearms that are sold fully-assembled have commercial serial numbers for the purpose of tracking them in connection to crimes, individual firearm components sold commercially (or made using 3D printing) may lack serial numbers, which makes the “ghost guns” difficult to trace.
- He also requested that DOJ issue a separate rule on stabilizing braces for handguns within 60 days. Such braces extend up the firearm user’s forearm or resemble the stock of a rifle, enabling the handgun user to fire more accurately because recoil is reduced.
- Additionally, Biden tasked the DOJ with developing model “red flag law” legislation for states, which would allow courts to temporarily remove a firearm from a person who family members or law enforcement believe to be a danger to themselves or others. Red flag laws are also known as “extreme risk protection orders” and have been adopted by more than a dozen states, but have been criticized as potentially violating the due process rights of the accused.
- Biden’s executive actions are likely to draw legal challenges from gun rights advocates as has been the case in other recent instances of firearm regulations. There is ongoing litigation in federal courts regarding the ban on “bump stocks” the Trump administration implemented through executive action after the Las Vegas mass shooting. A year ago, the Supreme Court allowed the regulation to remain in effect while courts heard challenges, but it may weigh in on the merits in the near future, as a panel of the Sixth Circuit Court of Appeals was divided on the issue in March 2021 and found the ATF’s bump stock regulation to be improper in contrast to rulings by other circuit courts.
- In remarks at an event in the White House Rose Garden announcing the executive actions, Biden said his administration is “taking steps to confront not just the gun crisis, but what is actually a public health crisis.” He added that his executive actions are a constitutional effort to limit gun ownership:
“But no amendment ― no amendment to the Constitution is absolute. You can’t yell crowd ― you can’t yell ‘fire’ in a crowded movie theater and call it freedom of speech. From the very beginning, you couldn’t own any weapon you wanted to own. From the very beginning that the Second Amendment existed, certain people weren’t allowed to have weapons. So the idea is just bizarre to suggest that some of the things we’re recommending are contrary to the Constitution.”
- Biden has used the analogy of yelling fire in a crowded theater in past gun control debates despite it being false. The cliché originated after it was cited as a possible limit on the First Amendment in a unanimous Supreme Court opinion from 1919 in a case concerning leaflets opposing the military draft and compulsory conscription which resulted in the conviction of the authors.
- Over time, that ruling’s “clear and present danger” standard for limiting speech came to be viewed as unconstitutional and it was unanimously overturned by the Supreme Court in favor of a new “imminent lawless action” standard in 1969 (a year after Biden graduated law school and the year he was admitted to the Delaware bar).
- Additionally, Biden’s assertion that there have been limits on gun ownership “(f)rom the very beginning” is inaccurate, as there were no federal laws and regulations related to firearms until the first half of the 20th Century according to the Congressional Research Service. The first federal tax involving firearms and ammunition was imposed in 1919; the first restriction on shipping firearms through the U.S. Postal Service was implemented in 1927; and first federal law placing restrictions on private firearm ownership, which required special registration for fully-automatic firearms, wasn’t enacted until 1934 ― long after the Second Amendment was ratified in 1791 as part of the Bill of Rights.
- Active Supreme Court precedent under Heller v. D.C. (2008) and ensuing cases holds that the Second Amendment protects ownership of modern firearms for lawful purposes including self-defense; and that restrictions limiting possession of firearms by felons or the mentally ill, in sensitive locations like schools or government buildings, and conditions or qualifications for commercial gun sales are permitted.
- Biden also announced that he will nominate David Chipman to serve as director of the ATF. Chipman worked at ATF as a special agent for 25 years and is currently a senior policy advisor for the gun control organization Giffords, which is led by former Rep. Gabrielle Giffords (D-AZ) who was wounded in a 2011 mass shooting.
— Eric Revell
(Photo Credit: Biden: The White House via Flickr / Public Domain | Guns: iStock.com / MariuszBloch)
The Latest
-
IT: 🛢️ New Vermont measure could charge Big Oil for climate damages, and... Do you think Trump is guilty?Welcome to Friday, May 10th, friends... Vermont could be one of the first states to hold Big Oil accountable for the damages read more...
-
Stormy Daniels Takes the Stand in Trump Hush Money TrialUpdated May 9, 2024, 5:00 p.m. EST Adult film star Stormy Daniels, also known as Stephanie Clifford, spent two days on the stand read more... Law Enforcement
-
Vermont Measure to Charge Big Oil for Climate DamagesWhat’s the story? Vermont is expected to become one of the first states to hold Big Oil accountable for the damages caused by read more... Environment
-
IT: Trump's 2016 'deny, deny, deny' campaign strategy, and... How can you help the civilians of Ukraine?Welcome to Wednesday, May 8th, weekenders... As Trump's hush money trial enters it's third week, the 2016 campaign strategy of read more...
Biden (yeah, the one that's not my president and is putting this country on a downward spiral) said in one of his speeches on gun control and the 2nd Amendment that "No Amendment Is Absolute.".....and that you can't yell 'FIRE' in a crowded theater. He's wrong...You can yell 'FIRE' in a crowded theater however there are severe consequences in doing so. If let's say 200 people (including the one that would yell 'FIRE') were to go to a theater and the one person yelled 'FIRE'. Would you arrest and punish the one that committed the act....Or would you arrest and punish all 200 theater goers? Now, let's get back to the 2nd Amendment. So, if someone commits a 'gun crime' do you arrest and punish the one that committed the crime.....or do you punish all 'Law Abiding Gun Owners' like Biden is trying to do now. If someone could please answer this in a timely manner.... I'd appreciate it as I'm taking inventory. Thanks in advance. Asking for a very close friend.
I disagree!
Limiting firearms access only works on the people that abide by the laws, it rarely affects the criminals directly. So any laws that limit the rights of legal gun ownership, or legal gun purchase, will only disadvantage those people that obey the laws. This will not stop criminals, or those that wish to commit crimes.
How about we attack the criminals and fight the illegal guns. Your assault on gun control will only make us victims. The only real reason you want to do this is because you want to disband the Americans as the writing on the wall is Democrats want a socialist society.
I will say it once and I’ll say it again guns don’t kill people people kill people we shouldn’t be limiting guns We should be focusing more on the mental health aspect so that way what happened in Sandy Hook Marjorie Stoneman Douglas high school doesn’t happen again
There may not have been federal laws regarding gun ownership or use in all these years since the constitution, and there might not have been need, but there were certainly local laws, necessary to bring about necessary civilization to the new lands out west. A television series certainly, but remember how Sheriff Matt Dillon took up the guns from every person who entered the town so full of rowdy cowboys bored from the trail and ready to drink some spirits and spend their pay---and challenge anyone who might get in their way of showing off their high spirits. Real western sheriffs and marshals did the same thing with great success, probably allowing the spread of the species into the West without it becoming a battlefield. They and their supportive townspeople could see the foolishness of letting gun power loose and saved many a life and city with gun limitation measures. Why can't we do that now, especially when we have so much shooting that has no seeming reason at all? Why does anyone need to have a gun that can mutilate 50 people in a minute? What valuable or inalienable right can that possibly be protecting?
These regulations are that bad. Not compared to previous comments where the administration pushed towards a full ban on long arms.
The conversation for gun control is not going anywhere until we address the horrible events that took place over the past years. Innocent people are getting killed by the hands of officers and nothing has been done from Congress. It is heartbreaking and as a citizen I am concerned and sick to my stomach. How many more lives have to die? How many of us have children, cousins, uncles, friends, etc that they love and care about and for you not to see them in the eyes of these innocent lives that have been lost?
Guns are out of control and it needs to stop. Morons do not need to have guns. They are not smart and may shoot themselves. For starts, they should present a high school diploma. That will lower the number significantly.
Judy G: Thanks for your comment. I like to think that more and more people are truly taking the time to pay attention to our government and are increasingly less likely to be fooled by political double-speak and disinformation. I give the trump credit for exposing the trumpublicans for what they have become by constantly scaring the crap out of intelligent people with his dismantling and corrupting of so many critical institutions that any functional democracy depends upon. I sincerely hope you are right and that enough people have gained the clarity of purpose and willpower to restore a rational government that works for all of the the people of this country once again. I like to think that we will rise to the occasion over the next few election cycles or at least until the current Republican Party is replaced by some other conservative party with principles, ideals and ideas which is willing to engage in non-partisan political negotiations for the common good.
It’s a start
There is so much flack going on about gun control that it makes my head spin. I do not own a gun or any type of weapon. I learned self defense and it works. I have actually pulled a gun from the hand of someone who had the pistol pointed at my head and took it away easily. I know of people who have been shot in Hunting accidents, at my place of work and other. But, when guns are outlawed only outlaws will have them, excluding the police of course. So, I am against gun control. You all may think gun control will work but it will make criminals get a big head when the can get guns and the public can't. I walked both sides of the tracks and to NOT go there is to not see the big picture of what causes violence. Violence begins with a negative mental attitude and it starts at home-In schools-at the work place-anywhere a person is negatively influenced. Seen too much of it.
Americans are not going to give up their right to bear arms period. Criminals will get the guns they want as they always do and could care less about laws. Passing these gun controlling laws is pointless. Address the social ills that lead people to kill.
Annoying tacky trick to harm good Americans...use the laws that’s on the books and like I said use them!
If you’re not part of the solution you’re part of the problem. No right is absolute has been proven throughout history. Common sense and rational thought must prevail. These sage words are wasted on radicalized, right wingnut Fascist Herr Trump minions. Deacon Gohmert is going to preach to QAnon at a Dallas gathering. Doesn’t matter that Q Anon (anonymous) could be a Russian or Chinese operative. John Boehner has choice words for our Foreign born Latinx wannabe president Sen Eduardo Raphael Ruiz. Texas’s Three Stooges never fail to sink to new lows.
Most gun measures are done as a knee jerk to show something was done, even when the new change is shown that it would not have stopped the tragedy it is in reaction to. So IMHO you have 2 choices - 1st is repeal the 2nd then regulate all you like. The other, would have to be to show how the new action would have prevented which tragedy then be able to pass legal challenge of infringing on the 2nd.
JimK: Your response to this issue is one of your best posts ever. Also, you asked a question right at the end of the post that I would like to answer. Gun ownership and gun violence are issues used to get votes. In other words, most politicians do not care how the guns are used or who is killed by them, they just want to scare voters into voting for them. Same thing for race discrimination. And now the EX is picking on stupid people like medical doctors.....to get votes! Anyway, as long as the majority of the American people are intelligent and get out and vote, things will be okay for US!
But this isn't enough. Congress need to pass comprehensive legislation started with amending the 2ns amdemdment
Brian and all: Even if you normalize to population of blacks making up 13% they still are involved in 50% of homicides and even if say over 50% of those convicted are wrongful blacks still commit a disproportionate amount of crime in comparison to any other race. The police shootings on blacks however only make up 25% and has been declining since the 1970s. Regardless the number one reason why young black males die is because they are shot by other black males. For every one black male shot by a police officer 71 are shot by another black man. There is also the convenient correlation that more than half of the black family households are single parent homes. That SHOULD be the conversation and the BLM movement should focus on this rather than defunding the cops or making nonsense gun laws or stop mass incarceration. Yes we need reform in all but get the conversation straight to why our people are dying. Police are not the enemy. In addition simulated studies to determine if officers are more likely to shoot a black vs white person were also done actually 3x and each concluded they were more likely to shoot at a white person and hesitated to shoot at a black person. https://nursing.wsu.edu/2016/04/27/study-found-race-matters-police-shootings-results-may-surprise
Biden’s executive orders do nothing to prevent gun crimes. All they do is make it harder and/or more expensive for legal gun owners, as well as pave the way for a gun registry. Not to mention they are all violations of the second amendment, thus unconstitutional.