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 โa public health crisisโ and the administrationโs actions do not contravene Second Amendment rights.
The administration aims to โconfront 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.
โNothing Iโm about to recommend in any way impinges on the Second Amendment,โ Biden said. โThese are phony arguments suggesting that these are Second Amendment rights at stake from what weโre talking about.โ
Biden said: โBut no amendment to the Constitution is absolute. From the very beginning, you couldnโt own any weapon you wanted to own. From the very beginning the Second Amendment existed, certain people werenโt allowed to have weapons. So the idea is just bizarre to suggest that some of the things weโre 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 โghost guns,โ which are โkitsโ 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 โcommunity violence interventionโ; to publish suggestions for โred 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.
โIโve seen with my own two eyes what a bullet can do to the human body and Iโve fought my entire career to fight this violence and to pass reasonable gun safety measures,โ Harris said as she introduced Biden.
โWhat are we waiting for? Cause we arenโt waiting for a tragedy. Weโve had more tragedy than we can bear,โ she said. โThe solutions existโฆpeople 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.
โEnough prayers, time for some action,โ Biden said of Congress. โI 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.
โWe should also ban assault weapons and high-capacity magazines in this country,โ Biden said. He said โthereโs no reasonโ a person would need a weapon that can hold โ100 rounds.โ
โWe 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.
โThis is the only outfit that is exempt from being sued,โ he continued. โIf I get one thing on my listโฆ 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 Bidenโs claims during the press conference are regularly disputed by Republicans, including that gun manufacturers canโt be sued and that background checks arenโt required at gun shows.
Indeed, the PLCAA only protects against suits for โharm 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 โgun 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 donโt 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 Bidenโs agenda which goes even further than what he announced today.
โBy appointing the anti-gun Merrick Garland as attorney general and nominating David Chipman โ formerly a senior staffer at the leading gun control lobby โย 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.
โFurther, 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: โPresident 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 wonโt stand for it. And neither will House Republicans. Follow the Constitution!โ
Sen. Ted Cruz, R-Texas, said, โThe 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 โtragedyโ from gun violence.
โWe 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 โthe strongest gun safety ticket in historyโ at an event last fall.
โPresident Bidenโs 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 presidentโs executive actions in a statement.
