April 8, 2021 in National News

BIDEN ANNOUNCES SLATE OF GUN CONTROL ACTIONS, CLAIMS ‘PUBLIC HEALTH CRISIS’

President Biden announced today a set of executive actions and legislative proposals on gun control, saying that gun violence is โ€œa public health crisisโ€ and the administrationโ€™s actions do not contravene Second Amendment rights.

The administration aims to โ€œconfront not just the gun crisis but what is actually a public health crisis,โ€ Biden said in his remarks in the Rose Garden. He was joined by Vice President Harris.

โ€œNothing Iโ€™m about to recommend in any way impinges on the Second Amendment,โ€ Biden said. โ€œThese are phony arguments suggesting that these are Second Amendment rights at stake from what weโ€™re talking about.โ€

Biden said: โ€œBut no amendment to the Constitution is absolute. From the very beginning, you couldnโ€™t own any weapon you wanted to own. From the very beginning the Second Amendment existed, certain people werenโ€™t allowed to have weapons. So the idea is just bizarre to suggest that some of the things weโ€™re recommending are contrary to the Constitution.โ€

In attendance were several high-profile gun control activists, including Brady United president Kris Brown, former Rep. Gabby Giffords, D-Ariz., and Fred Guttenberg.

An administration official detailed the actions to reporters on Wednesday. Among them, Biden is asking the Justice Department (DOJ) to propose within a month a rule to stop โ€œghost guns,โ€ which are โ€œkitsโ€ people can buy legally to assemble a functioning firearm that does not have a serial number.

Biden is also asking the DOJ to propose within 60 days a rule on braces used for handguns, which make them more accurate; to propose action on โ€œcommunity violence interventionโ€; to publish suggestions for โ€œred flagโ€ legislation; and is asking his administration to issue a report on gun trafficking.

Biden also formally announced David Chipman as the director of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).

A senior administration official Wednesday said that Chipman will respect the Second Amendment while he enforces gun laws.

โ€œIโ€™ve seen with my own two eyes what a bullet can do to the human body and Iโ€™ve fought my entire career to fight this violence and to pass reasonable gun safety measures,โ€ Harris said as she introduced Biden.

โ€œWhat are we waiting for? Cause we arenโ€™t waiting for a tragedy. Weโ€™ve had more tragedy than we can bear,โ€ she said. โ€œThe solutions existโ€ฆpeople on both sides of the aisle want action, real people so all that is left is the will and the courage to act.โ€

The Biden administration is also expected to throw its weight behind gun control proposals in Congress.

โ€œEnough prayers, time for some action,โ€ Biden said of Congress. โ€œI believe the Senate should immediately pass three House-passed bills to close loopholes that allow gun purchases, purchasers, to bypass the background checks.โ€

He also pushed for two gun control laws that would go even further than that.

โ€œWe should also ban assault weapons and high-capacity magazines in this country,โ€ Biden said. He said โ€œthereโ€™s no reasonโ€ a person would need a weapon that can hold โ€œ100 rounds.โ€

โ€œWe should also eliminate gun manufacturers from the immunity they receive from the Congress,โ€ Biden said, referring to the Protection of Lawful Commerce in Arms Act (PLCAA), a law that prevents gunmakers from being sued for crimes committed with guns they sell legally.

โ€œThis is the only outfit that is exempt from being sued,โ€ he continued. โ€œIf I get one thing on my listโ€ฆ give me that one because I tell you what there would be a come to the Lord moment these folks would have real quickly.โ€

Some of Bidenโ€™s claims during the press conference are regularly disputed by Republicans, including that gun manufacturers canโ€™t be sued and that background checks arenโ€™t required at gun shows.

Indeed, the PLCAA only protects against suits for โ€œharm solely caused by the criminal or unlawful misuse of firearm products or ammunition products.โ€ This does not count, for example, if a gun is defective or if a gun was knowingly given to a person who is banned from possessing one.

Further, the โ€œgun show loophole,โ€ as it is known, is not actually about gun shows. All federally licensed commercial dealers, at gun shows or not, must conduct background checks. But federal law permits some non-commercial sellers who donโ€™t need to be licensed to sell guns without conducting background checks. These sales sometimes happen at gun shows.

Republicans, meanwhile, have expressed their suspicion of Bidenโ€™s agenda which goes even further than what he announced today.

โ€œBy appointing the anti-gun Merrick Garland as attorney general and nominating David Chipman โ€” formerly a senior staffer at the leading gun control lobby โ€”ย  to head ATF, Biden has made clear his sights are set on restricting the rights of law-abiding gun owners while ignoring criminals and foregoing substantive measures that will actually keep Americans safe,โ€ the National Rifle Association (NRA) said in a statement.

โ€œFurther, the proposals Biden announced tonight could require law-abiding citizens to surrender lawful property and enable states to expand gun confiscation orders. The NRA will fight this nomination and ill-conceived executive actions,โ€ the NRA also said.

House Minority Leader Kevin McCarthy, R-Calif., added: โ€œPresident Biden plans to announce his attempts to trample over our constitutional 2A rights by executive fiat. He is soft on crime, but infringes on the rights of law-abiding citizens. I wonโ€™t stand for it. And neither will House Republicans. Follow the Constitution!โ€

Sen. Ted Cruz, R-Texas, said, โ€œThe answer is not to restrict the Second Amendment rights of law-abiding citizens, the answer is to go after violent criminals and come down on them like a ton of bricks.โ€

Attorney General Merrick Garland also spoke at the event. He said that gun control is needed to prevent further โ€œtragedyโ€ from gun violence.

โ€œWe stand here today not at a moment of tragedy but in the midst of an enduring tragedy,โ€ Garland said.

Brady United, one of the highest-profile gun control groups in the U.S., billed Biden and Harris as โ€œthe strongest gun safety ticket in historyโ€ at an event last fall.

โ€œPresident Bidenโ€™s actions are historic and they will have an immediate impact. These are tangible and powerful policies that will save lives,โ€ Brown said of the presidentโ€™s executive actions in a statement.



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