“A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” 1
This article will discuss why Biden’s new gun laws are illegal. The second amendment (hereinafter referred to as the “2A”) was so important to the founding fathers that it was literally the second amendment proposed by the drafters of the U.S. Constitution. It was only surpassed by the freedom of speech and religion. This reflected upon a group of individuals who lived their lives oppressed by their government and enslaved by their tyranny. They knew that these amendments were necessary for America to not become the same country that they just left.
The 2A was ratified and came into being in 1791. For the longest time, it remained unchanged. It was not until the National Firearms Act (“NFA”) in 1934 that firearm rights changed.2 The NFA made the ownership of machine guns, suppressors, short-barreled rifles, etc. illegal. In order to get one of these, you had to ask permission from the government. As underhanded as these tactics were to get this act passed, it was done through proper channels.
The Three Powers
There are three different categories of governmental authority in the United States. The legislative (Congress); the executive (President); and, the judicial (Supreme Court). The system was invented as a safeguard against a tyrannical ruler. The President cannot make laws of their own; that is the job of Congress. Congress makes a law, they give it to the President to sign, and the court system has the final say on the legality of the law made. They alone have the final word on whether the law is legal.
This was a quick turnaround hundreds of years ago. The court could strike down a law before it hurt anyone. With the court system so backed up now, and the political pressure and demonization of the justice system, these “laws” put into place by the President could last for years and years before the court finally declares them unconstitutional. A good example of this is the magazine ban in California. It took some 20 years for a judge to declare it unconstitutional, and even that is still up in the air as of this moment.3
Every Democratic President for the last… who knows at this point, has tried to create gun legislation. As Ben Shapiro said, they take these horrible shooting tragedies and preach their agendas “standing on the graves of the dead.”4 But, even while doing so, the President knew that they could not pass the gun legislation because it is not within their power to do so. They appeal to emotions, and when that did not work, they harshly criticize the people who would not vote on stricter gun laws.
The Trump Administration
This was how the circle worked until President Trump took office. After the shooting in Las Vegas, President Trump signed a bill which classified “bump stocks” as machine guns in 2018.5 Those who despise guns liked this, those who loved guns hated this, and those who liked guns but did not have a bump stock did not seem to mind because it did not do anything to them.
This was short-sighted because what was at stake was far more serious than the loss of bump stock. It was a precedent set that now the executive could sign gun bills and change gun laws as we know it. We know where it started but where would it end? A President could now sign into being any gun law they wanted to. Our law firm was one that fought against the bump stock ban, and we have seen great triumph in the courts.6
Our wonderful sixth circuit court has said “It is not the role of the executive—particularly the unelected administrative state—to dictate.” When they say “administrative” they are referring to the agencies, more specifically the ATF, which is being weaponized against the 2A. These agencies work as an extension of the President and fall under the executive branch.
The Biden Gun Laws Target “Ghost Guns”
Although we have seen great things happening with the bump stock ban, the Biden administration is taking advantage of that precedent set in the Trump administration to pass Biden’s gun laws through the ATF. The Biden administration signed into being a ban on “ghost guns.”7 A ghost gun being a gun that is shipped to the buyer 80% finished, and the buyer themselves turns this into a fully functioning firearm. Since the buyer is not purchasing an actual gun, the guns do not have to be serialized in most states.
The Biden administration worked with the ATF on this one to totally reclassify what is, and is not, a “firearm” by their definition. Just like they re-worded the bump stock, a piece of plastic, classifying it now as a machine gun. Biden’s gun laws want to take the individual components of a gun, such as a trigger or barrel, and classify all of those things as a firearm in order to regulate every part of the gun. The Biden gun laws also state that all gun dealers must retain their records forever. This means that if you are dealer who sold a few guns 40 years ago, you must meticulously maintain those records until you die.
More Constitutional Violations
The law also states that when the government takes something from an individual, they must give them compensation for that thing. However, ever since the Trump administration made bump stocks illegal, the government has never paid the buyers for having to turn in their now illegal firearms, nor have they compensated the makers of these guns and accessories. Another constitutional violation.
Although nobody likes the NFA, it was probably the last piece of gun legislation that was legally enacted. Anything that is enacted now, is illegal. There is no question of this. The question is how many people will this harm before it is declared unconstitutional in court. So, if you see new Biden gun laws being enacted by the ATF, the President, or anyone other than Congress, it is illegal.
What Can You Do?
If you want to fight back against this unconstitutional violation of your 2A, Shield Wall Legal can help. Just as we continue to fight against the bump stocks, and the nonsensical illegality of suppressors and short-barreled rifles, we can help you in your fight. To learn more you can go to our Constitutional law section, use our contact us form, or search the blog posts for more articles.