On October 19, I wrote The Gun Wisdom Of Joe Biden. In that article, I explained in general terms why Biden’s anti-liberty/gun plans as expressed on his campaign website were dangerous to our liberties. In this article, I’ll focus on just a few of those issues and explain the danger in more detail. On Wednesday of this week, I’ll return to covering election issues. More and more evidence of fraud is being revealed every day, despite the best efforts of the media—including Fox—and every other D/S/C dominated organization and channel to suppress it and to proclaim Biden emperor, despite not a single state certifying votes, and many states still counting, to say nothing of ongoing legal challenges.
Political Factors: It remains possible President Trump will prevail, but if he doesn’t, the Senate can prevent many, but not all, of Biden’s worst intentions from becoming law. At the moment, it appears two Georgia run-off elections will decide the balance in the Senate. There is substantial evidence of fraud in Georgia, which will surely continue in these races, which are projected to be the most costly in history.
There is also speculation Sen. Joe Manchin may switch sides and become a Republican. That’s far from certain, though if he did, under any scenario, the Senate would remain in Republican hands. And of course, even then, there are always RINOS like Murkowski, Collins and the execrable Mitt Romney with which to contend.
If Biden is elected, and D/S/Cs control the Senate, all may not be lost. Sane congressional D/S/Cs—there are a few—are very worried about the 2022 mid term elections. They have not forgotten the electoral massacre of D/S/Cs after they went full anti-liberty in passing the Clinton Gun Ban. Biden intends to expand on that failure, and there may be sufficient numbers of sane D/S/Cs to temper his worst intentions, but that cannot be counted upon. On To Biden’s website:
Hold gun manufacturers accountable. In 2005, then-Senator Biden voted against the Protection of Lawful Commerce in Arms Act, but gun manufacturers successfully lobbied Congress to secure its passage. This law protects these manufacturers from being held civilly liable for their products – a protection granted to no other industry. Biden will prioritize repealing this protection.
This will surely be Biden’s first anti-liberty/gun priority. If he can repeal this law, the American firearm industry is a dead man walking. A blizzard of nuisance lawsuits will bankrupt the industry.
As usual, Biden is lying. The PLCAA only prohibits nuisance lawsuits against gun manufacturers. In 2005, anti-liberty/gun cractivists decided to attack gun manufacturers with a blizzard of nuisance lawsuits, which, if allowed to continue, even if all failed in court, would bankrupt manufacturers. The cost of defending against the lawsuits—we now call this Lawfare—would have overwhelmed profits and no new guns, ammunition or accessories would have been produced. Not only would this result in the loss of hundreds of thousands of skilled, good jobs in the industry, but would also result in the lost of hundreds of thousands of jobs in industries that supply and support the firearms industry.
The intention, then and now, is to sue firearm manufacturers for the acts of third parties about who they have no knowledge and over who they have no control. It would be exactly like bankrupting auto makers because drink drivers use the vehicles they manufacture. D/S/Cs intend to sue manufacturers for marketing legal, non-defective products. This would single out the firearm industry, and anti-gun groups would methodically sue every single manufacturer as many times as it took to bankrupt them. The PLCAA only prevents suits against legal, non-defective products, which is the state of tort law for every other lawful product on the market. Suits for the manufacture of defective products have always been allowed; the PLCAA did nothing to change that.
But what about component manufacturers? What about reloading? While Biden isn’t specifically targeting them in print, his administration—actually Kamala Harris’s administration—would surely put them out of business too.
Destroying American firearms manufacturers would also severely damage national security. If American manufacturers are out of business, who will supply our military? Expect a Biden administration to outsource all military procurement in this area, and perhaps others, to foreign governments. Perhaps all those laid off Americans can learn to code or go to work in renewable energy?
Get weapons of war off our streets. The bans on assault weapons and high-capacity magazines that Biden, along with Senator Feinstein, secured in 1994 reduced the lethality of mass shootings. But, in order to secure the passage of the bans, they had to agree to a 10-year sunset provision and when the time came, the Bush Administration failed to extend them.
The Clinton Gun Ban, as it was known, had no effect at all on public safety. This was so obvious, even many Democrats of the time did not support reauthorizing the law when it sunset. Claiming the Bush Administration failed to extend the ban is a lie, as is branding common semiautomatic firearms “weapons of war.” D/S/Cs of the time, sensing their upcoming electoral slaughter, refused to extend it. That it happened during the Bush Administration is coincidental. Having many of their colleagues turned out of office for their support of the ban also had a sobering effect that has continued to date.
There is some evidence more “moderate” D/S/Cs—to whatever degree such mythical creatures may exist—are also wary of going full socialist, but this too cannot be counted upon. It must always be remembered D/S/C’s think their policies non-falsifiable. Because D/S/Cs are intellectually and morally superior, their policies cannot possibly be wrong. So when they fail, this must be because they weren’t in effect long enough for their wonders to manifest—a decade is obviously not nearly long enough—they weren’t sufficiently restrictive; the American people didn’t get their wonders good and hard enough, not enough money was spent, or worst of all, Normal Americans were allowed to exist to oppose them, even if that opposition is nothing more than words, written and spoken. This is of a piece:
Ban the manufacture and sale of assault weapons and high-capacity magazines. Federal law prevents hunters from hunting migratory game birds with more than three shells in their shotgun. That means our federal law does more to protect ducks than children. It’s wrong. Joe Biden will enact legislation to once again ban assault weapons. This time, the bans will be designed based on lessons learned from the 1994 bans. For example, the ban on assault weapons will be designed to prevent manufacturers from circumventing the law by making minor changes that don’t limit the weapon’s lethality. While working to pass this legislation, Biden will also use his executive authority to ban the importation of assault weapons.
Not only will Harris/Biden sue all manufacturers out of business, they’ll close off all potential suppliers from abroad. Shotgun magazine limits are designed to help prevent hunters exceeding their bag limits; they’re a conservation measure. Dishonest politicians always invoke “the children” when their policies are insupportable. The underlying goal here is to ban any class of common, usual, widely owned firearm. With that precedent, it will be only a matter of time—and perhaps court packing—to ban them all.
The devil is always in the details. “Assault weapons” are essentially whatever D/S/Cs want to ban today. AR-15 type rifles, the most popular and common in America—are functionally no different from any other semi-automatic firearm. In order to achieve the goal Harris/Biden want, it will be necessary to ban every semiautomatic firearm, which is the single defining characteristic Biden seeks to ban.
D/S/Cs currently consider a “high-capacity magazine” to hold 11 or more rounds. If they get this ban, they will surely decide public safety requires no more than five rounds, and eventually, no rounds at all. Harris/Biden will do away with domestic manufacture, and also eliminate foreign importation.
Hundreds of different, common and usual firearm designs–rifle and handgun–use standard magazines of greater capacity, and virtually all magazine fed firearms can accept magazines of any capacity.
There is no public safety justification for such bans. Magazines can be exchanged within seconds—as few as one—and there is no mass shooting where such a magazine ban would have made the slightest difference in the toll of wounded and dead. Doing away with “gun free” zones, where these attacks virtually always take place, now that would have an effect. But wouldn’t currently owned weapons and magazines be grandfathered? Remember who might become president:
Regulate possession of existing assault weapons under the National Firearms Act. Currently, the National Firearms Act requires individuals possessing machine-guns, silencers, and short-barreled rifles to undergo a background check and register those weapons with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Due to these requirements, such weapons are rarely used in crimes. As president, Biden will pursue legislation to regulate possession of existing assault weapons under the National Firearms Act.
The NFA regulates machineguns and suppressors, and put overall length, and barrel length, restrictions on rifles and shotguns. A rifle with a 16” barrel is legal. One with a 15.999” barrel is a federal felony. Registration of such weapons does not prevent crimes, rather, it is the fact that owners of such weapons are unusually law abiding and willing to submit to onerous, unnecessary government vetting. Biden doesn’t mention one has to be fingerprinted, photographed, and pay a $200 dollar non-transferable tax for each weapon or suppressor, a process that can take up to a year. Imagine how long that process would be for this boondoggle. In a D/S/C administration, the length of the process would become de facto gun prohibition. In addition, The NRA, via Breitbart, estimates AR-15 owners would pay in the area of $.3.6 billion dollars in taxes for this provision alone. A law-abiding owner of an AR-15 with five magazines would be forced to pay a non-transferable tax of $1200.00 to keep their gun and magazines. “Non-transferable” means when you die, you cannot transfer your gun or magazines to a child, spouse, relative or friend. They must be surrendered to government, essential eliminating weapons in private hands within a few generations.
Current federal law prohibits any federal gun registration scheme, so it will be necessary to repeal that law first, if they bother with actually obeying the law. Biden is threatening to get, via executive order, whatever he can’t get lawfully. The only reason for a gun registry is to aid confiscation, as you’ll momentarily see.
One additional note: In US v. Haynes, the Supreme Court ruled felons cannot be prosecuted for failing to register guns. That would be a violation of their 5th Amendment right against self-incrimination. As is always the case, D/S/Cs are interested only in criminalizing the law-abiding; criminals, a source of votes and virtue signaling material, get a pass from D/S/Cs.
Buy back the assault weapons and high-capacity magazines already in our communities. Biden will also institute a program to buy back weapons of war currently on our streets. This will give individuals who now possess assault weapons or high-capacity magazines two options: sell the weapons to the government, or register them under the National Firearms Act.
Notice they’re going to buy back magazines. Harris/Biden aren’t explicitly saying they’ll force registration of magazines under the NFA, but if not, why would they make buying them back mandatory? “Buy back” is gun confiscation by another name. The government certainly will not fairly compensate gun owners:
Honest Citizen: “Here’s my AR.”
Bureaucrat: “Here’s your authorized $100.”
Honest Citizen: “But it cost $2300!”
Bureaucrat: “Shut up you racist terrorist.”
Few Americans will comply with this. Consider the fate of the New York State SAFE Act:
In January 2013, as the nation still mourned the Sandy Hook massacre, New York State enacted one of the nation’s strictest gun control laws. But three and a half years later, state records obtained after a lengthy court battle show that a key provision of the New York Safe Ammunition and Firearms Enforcement Act — mandatory registration of assault weapons — has been roundly ignored by gun owners in Ulster County and across the state.
The NY SAFE Act defines assault weapons as any rifle, pistol or shotgun that uses a detachable magazine and has one of a laundry list of ‘military features,’ including flash suppressors, folding stocks, bayonet lugs and heat shields. The law banned new sales of assault weapons in the state and required current owners to register the firearms with state police.
NY’s compliance level is generally thought to be about 4%, but is likely lower. National compliance would surely be no better, which means the Federal Government will try to enlist local law enforcement to go door to door seizing guns. Most will not comply, which means a massive increase in federal agents, huge piles of dead Americans, and the provocation of the Second—hot—Civil War.
Hold adults accountable for giving minors access to firearms. Biden supports legislation holding adults criminally and civilly liable for directly or negligently giving a minor access to a firearm, regardless of whether the minor actually gains possession of the firearm.
Socialists/Communists always seize control of and indoctrinate the young. The idea here is not public safety, but depriving all future generations of the opportunity to experience shooting sports, and of course, of the opportunity for self-defense, particularly against the government.
How would this one be enforced, exactly? It would require wholesale violations of the Fourth Amendment. If a second grader told teacher daddy had a gun, bye bye daddy! It would also render all guns utterly useless for self-defense, in the home and otherwise. But what better way to indoctrinate future generations than to put their parents in jail and sue them into poverty so kids can be seized from “unfit” parents. And notice the last clause. D/S/Cs intend to advance criminal justice into prosecuting future thought/potential crime. Real offenses will no longer be necessary. What’s that you say about “presumption of innocence?” You obviously hate children and the government, you terrorist racist!
Final Thoughts: But all this is crazy talk! The courts, particularly the Supreme Court, would never allow the government to destroy the Constitution! Let’s engage in a brief thought experiment. D/S/Cs control the White House and Congress, and they’re moving to make it impossible for anyone else to ever win either. You’re a Supreme Court justice and you get a visit from the House and Senate majority leaders who make it clear a vote against any of their priorities, particularly gun control priorities, will result in a packed Court.
What are your choices? Bravely stand for the Constitution? You know if you do, they’ll just pack the court and make you irrelevant. They’ll get what they want one way or another. You also have to worry if they’ll threaten a Supreme Court justice, would they stop at mere court packing? Would they impeach you? Simply abolish the court? Put you in prison—or worse?
Or do you give in, hoping that by remaining on the court as long as they allow it, you might still be able to do a little good around the margins. You won’t be able to save the rule of law and the Constitution, but you might make what follows a little less bad.
What’s your choice, justice?