Election Coverage / Opinion / Politics / Second Amendment

Second Amendment – Endangered by Biden Team

bidenSometimes the obvious bears repeating.  Now is such a moment.  The Second Amendment, allowing every American “to keep and bear arms,” was key to passing the US Constitution.  If the Biden Campaign prevails in lawsuits and Electoral College, leading appointees will take aim at the Amendment.

While current social unrest has triggered record firearm sales, and one recent poll shows support for gun control at its lowest point in four years, Biden partisans have made clear their interest in curtailing the Second Amendment.  See, e.g., https://www.reuters.com/article/usa-guns-insight-idUSKBN2701HP; and https://www.guns.com/news/2020/11/19/poll-support-for-more-gun-control-at-4-yr-low.

At the outset, the political figure Joe Biden indicated will be lead on gun control, former Congressman and failed presidential candidate Beto O’Rourke, has made clear his disaffection for firearms, and intent to limit ownership, not just with legislation limiting sales, but with mandatory buy-backs. He famously said in September 2019, “Hell, yes, we’re going to take your AR-15, your AK-47,” when quizzed.

Echoing confiscation sentiment, former O’Rourke staffer and now aspiring Biden Deputy Chief of Staff, Jen O’Malley Dillon, has made clear her views.  One is pushing “mandatory buybacks” of firearms, including so-called assault weapons – semi-automatic rifles distinguished by their military appearance.

Moreover, discussion this past weekend has highlighted possible Biden appointments, if he becomes President.  One is Federal Judge Merrick Garland, who may be nominated for US Attorney General.  Garland has made clear his hostility to gun rights and could act swiftly to push that view.

Garland knows well the ways of the Justice Department and could push limitations on gun rights with method and high impact, even before legislation was pushed in the House and Senate.  When Garland was nominated to the Supreme Court, a vote that was never taken, his views were scrutinized.

Specifically, the DC Circuit Court judge upheld federal storage of gun buyer’s records during the Clinton Administration, and later joined efforts to reconsider a landmark Second Amendment case, for purpose of narrowing those rights.

As one report assessed, “This is probably the most anti-gun Supreme Court nomination in decades.” See, e.g., https://www.washingtontimes.com/news/2016/mar/16/merrick-garland-has-very-liberal-view-gun-rights/. In time on the bench, Garland has made this a hallmark of his worldview, including an attempt to strike down the famous D.C. v. Heller case, authored by the late Justice Scalia. That case affirmed the right of individuals to keep and bear arms.

As reported, “back in 2007, Judge Garland voted to undo” that case, aiming to revisit the right of DC to restrict individual gun ownership. Public reaction to that DC Circuit Court effort to reconsider, which was defeated, led observers to describe Garland as having “strong hostility to gun owner right.” See, https://www.nationalreview.com/bench-memos/moderates-are-not-so-moderate-merrick-garland/.

What does all this mean?  Several things.  First, if Biden-Harris prevail – and Harris’ views on gun rights limitation, suing gun manufacturers, and curtailing ownership are more radical – limitations on the Second Amendment will be a top priority for the administration.

Second, if Biden-Harris prevail, social unrest, record gun buying – including in minority communities – and polls showing gun control unpopular, will hardly matter.   Most of America does not agree with socialism, defunding police, or the New Green Deal, but Democrats pushed all three without hesitation.

Expect legislation, originating in the House and pushed hard in a close Senate, aimed at limiting gun sales and ownership, mandatory buybacks to elevated liability for gun manufacturers.  Whether these would pass remains unclear, but with Garland as AG – and maybe later nominated again to the Supreme Court, plus O’Rourke and team in power, the issue is sure to become hot soon.

Finally, one of the unusual features of this political moment – and the past several years – is that long-honored norms, enshrined American values, and constitutional rights held inviolate and sure to stand the test of time, have been questioned, buffeted, and increasingly eroded by extreme views, centralizing federal power.

Thus, free speech, worship, assembly, travel, and other timeless rights have been called into question, in places put in peril.  Seeking to look around the next corner – before something comes flying at us – one should consider what the left things of the Second Amendment itself.

In March 2018, retired Supreme Court Justice John Paul Stevens openly proposed repealing the Amendment, overturning it in favor of expansive federal power over firearms, at the expense of the citizen rights to protect democracy, their homes, families and the nation.  See, e.g., https://www.foxnews.com/politics/retired-supreme-court-justice-stevens-says-second-amendment-should-be-repealed.

The last line, peek around the corner – based on where potential Biden appointees put their emphasis – is this:  Should Americans be thinking long, striving harder to protect the right to “keep and bear arms,” before that right is removed from the Constitution.  Until this political era, rise of socialism, and aspiring Biden administration, that was never a question.  It is now.

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Lee McQuillen
10 months ago

They want out guns so they can control us and walk all over us. Everyone needs to get that, although many don’t – they re so very naïve. Could cause a civil war….

10 months ago

What amazes me is how few people understand what the first ten amendments, otherwise known as the Bill of Rights, is and is not. It is NOT a list of rights granted to citizens by a benevolent government. It IS a list of Natural Human Rights or God-Given Rights, however you prefer to describe them. No government can deny my rights under the First Ten Amendments. They may fine me for excercising them, or even imprison or kill me but they cannot repeal them. They will always be there. People have such a limited knowledge of history. Why do they think Americans fought the Revolutionary War? What were those guys doing at Lexington and Concord on April 19th, 1775? They were stopping their government from confiscating their guns and with them, their right to defend themselves, their families and their property.

I now live in The People’s Republic of New York State where Premier Komerade Andrew Cuomo has already made it impossible for me to excercise my Second Amendment Right. He has done this on the back of the federal law requiring anyone wishing to buy a firearm to complete a form for the National Instant Criminal Background Check System (NICS). This law is bad enough on its own but Komerade Cuomo has taken it one step further. The federal law provides that if the check fails to be returned in three days, the firearms dealer may transfer the firearm to the purchaser. Komerade Cuomo has decreed that for New Yorkers that this is no longer three days, but THIRTY DAYS. And guess what. If, at the end of thirty days, the NICS check doesn’t come back, the firearms dealer CANNOT release the firearm to the purchaser but (OH JOY) the purchaser CAN complete another NICS form. It doesn’t have to be denied. Just ignored.

Anyone in this country who is a gun owner and who is not a member of the National Rifle Association AND the affiliated state organization (in my case, the New York State Rifle and Pistol Association), does not give a hoot about their Second Amendment Right. The NRA (and the state affiliates) is the only thing standing between you and the government stripping your rights (do you think they’ll stop at the Second Amendment?). The NRA currently has about 5 million members. There are probably 80 million legal gun owners in the United States. Do the math! There are 75 million gun owners who don’t really care if the government takes their firearms. I’m proud to say, I’m not one of the 75 million.

10 months ago
Reply to  Mike

With respects to DAVE, six days ago.

Richard Arveaux
10 months ago

There “WILL” be blood in the streets. I hope Joe and his cronies recognize this phrase. “My Dead Cold Hands” At 78, I don’t have a reason to care anymore, but I will go out on my feet and lead flying.

10 months ago

Tyrants only understand one thing force!Nothing else will eradicate this scum Americans must stand up to the Bidens and harrises of this world these criminals stole the election and as Sheriff David Clark said Do unto them as they have done to us RESIST RESIST RESIST! To hell with them and their communist crap!

10 months ago

I think that if Biden and all his cronies go through with their plans to make the 2nd. Amendment null and void, they better get their own guns loaded because there will be a Civil War in America over this. The absolute hypocrisy of Biden and his team is that they make sure (and will continue to) keep their own fire-arms by their side. See…..it’s okay for hypocritical Socialists to consider themselves superior to the common folk that they will always keep things in their own favor.
I hope that the male citizens (including Democrats) have sense enough to see the utter hypocrisy in all this and get busy locking and loading their firearms to take on these criminals who are against humanity for their own personal gain.

GT Patriot
10 months ago

I have three shotguns which is, to me, a bare minimum

GT Patriot
10 months ago

Buy every gun you can get plus loads of ammo now !!!

10 months ago

All of us reading articles on this site know the mess we have gotten ourselves in. The democrats don’t read information on sites like these. The democrats and most of us republicans have not read the Democratic Platform 2020. I have read it, all republicans need to read it. My friends that I sent it to said they would read it if Biden won. It’s like when Pelosi told us we have to pass Obamacare to see what was in it. Having said all that, I don’t know that we have any way out of this. The hatred the democrats have for Trump has led them to blindly elect Biden/Harris and the progressive left wing of the democratic party to office. The Progressive Caucus is part of the Communist Party of the United States of America. There are 90 members in the house right now, you can look it up on Wikipedia, they list them by name. If you want to look up the communist party in America go to cpusa.org, China has taken America over without firing a shot. I believe they weaponized the virus and was specifically done to bring down America. As communism takes over our country in the years to come, we will have to live with the fact that we are the generation that went to sleep at the wheel and left our children to live their lives under communist control.

Rex Croson
10 months ago

We as Americans can only hope that President Trump remains in office and he follows though to prosecute all involved with the vote failure in this country.

10 months ago

So, only the police and military should have guns?
I saw a movie like that once. It was called ‘Schindler’s List.”
Any questions?

10 months ago

None of us realize the gravity of the situation. We are on the brink of communism. The 2 senate seats in Georgia give the dem’s the presidency, house, and senate. There is no way to stop that from happening because the voting system is corrupt. Within 2 years all of the frame work will have been done. There won’t be any more elections. The guns will be confiscated if we don’t fight to keep them, 2nd Civil War. Will the military fight on the dem’s side, will law enforcement? The food supply as well as fuel, utilities, trucking will all come to a halt. Marshal Law will be declared, it would sure be to our benefit if this happened under Trump before January 20th. I fear we are going to find out if the FEMA camps are for detaining POW’s. Many republicans have seen this coming, guns and ammunition have been flying off the shelves since BLM started burning the cities down. What really needs to happen right now is for the 6 states with all the mail in voting problems to be forced to hold a new election. In person voting, voting machines certified to register votes correctly, and the vote counted that night. Absentee ballots could be done, not mail in ballots. This would be a much better solution. U. S. Marshals and federal law enforcement could be on hand to make sure democratic election officials are monitored. The democrats don’t see the big picture of the role the U. S. plays around the world. If the U. S. goes communist the world will be lost, and that my friends is no exaggeration.

10 months ago

Unfortunately, the urban minority vote in Michigan, Pennsylvania, Georgia and Wisconsin who care less about the second amendment, other than freedom of entitlement and killing each other effected the election.

Les Stout
10 months ago

Come and take it, Jackass Joe! I need the target practice!

10 months ago

Just remember how slimey,corrupt and dishonest the liberal anti American democrats are . They will regulate ammunition, tax and restrict what weapons Citizens and Police can own.
Thus is exactly how a socialist or communist bureaucracy begins to rule.
These overarching lock downs and eliminating our right to go worship using COVID-19 as their lame,lying excuse.

10 months ago

The 2nd Amendment is there to protect we the people from the government! Think about it!!

10 months ago

You cannot pass any “LAWS” against the Constitution without 2/3 of Congress and States!!! Think about it people. It’s time to get serious about these commie [email protected][email protected][email protected]&.

JJ Johnson-Smith
10 months ago

Does Beto have a death wish?

10 months ago

If he comes to my house he does……

10 months ago

Will not comply.

10 months ago

The second amendment does not “allow” us to keep and bear arms. It is a God given right, along with all the other rights explicitly mentioned in the Bill of Rights, as well as rights not specifically mentioned; all existed before there was a Constitution. The Constitution and the Bill of Rights merely experss that in writing and law. Most of the gun control laws we have now, let alone those being proposed, are unconstitutional, and should be thought of in those terms by all real Americans.

"Diesel" Dave Galloway
10 months ago

The second amendment was written in order for us to protect ourselves against a tyrannical government. I believe if Biden becomes president and hires the ones he’s talking about hiring, we will have the tyrannical government the amendment is talking about. Be prepared, friends. We can’t let them do this to us.

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