Biden Pushes For Further Gun Control Measures Despite Current Agenda Facing Legal, Congressional Pushback

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Since his election in 2021, President Joe Biden has introduced a number of gun control measures. However, many of his proposals are currently being reviewed by Congress and/or widely opposed by legislators.

Biden’s Bipartisan Safer Communities Act, and the administration’s three-letter agencies have implemented extensive background checks and red flag funding. He also established pistol stabilizer rules, ghost guns rules and a “zero tolerance” policy for gun dealers. However, much of his work now is subject to congressional review. Biden will announce additional gun regulations via Executive Order Tuesday amid legal battles about his current gun agenda. This announcement is made at the scene of a mass shooting in Monterey Park (California) in January.

According to Alan Gottlieb, Executive Vice President of Second Amendment Foundation (SAF), “Biden has always had a anti-gun agenda” and that he has not let courts, public opinion, or the Bill of Rights stand in his way on this crucial constitutional issue, Second Amendment Foundation (SAF) founder and executive vice president told Daily Caller News Foundation.

Biden, together with the Bureau of Alcohol, Tobacco, Firearms and Explosive, (ATF), have imposed gun restrictions on law-abiding Americans, Federal Firearm Licence (FFL) holders, and gun manufacturers since he took office. The final rule regarding the “frame” and receiver of ghost guns was implemented by the Biden administration, ATF, and Department of Justice in April 2022. This rule is intended to track custom, unsolicited firearms.

Judge Reed O’Connor of U.S. District Court for Northern Texas ruled in November that the ATF couldn’t enforce the ghost gun rule against Defense Distributed. O’Connor issued an injunction against this rule, stating that it was likely unconstitutional, and places undue burdens on the parts maker.

O’Connor wrote that enforcement efforts would “stifle decades of ATF regulatory precedents against a public which has relied upon that historic position.” “The liberty interests law-abiding citizens who wish to engage in historically legal conduct outweigh the Government’s competing interest of preventing prohibited persons unlawfully possessing firearms,” O’Connor wrote.

According to a release, Texas Attorney General Ken Paxton filed a lawsuit against ATF and the Biden administration in February 2023 following the announcement of the final rule on the pistol brace.

Paxton stated that “this is yet another attempt of the Biden administration in order to create a workaround for the U.S. Constitution, and expand gun registrations in America.” ATF’s decision to force registration on Americans and change the long-standing classification of stabilizing braces is arbitrary. If they don’t comply, there’s no legal basis.”

Paxton filed a temporary injunction request against the rule in March.

Biden ordered the ATF to have a “zero tolerance policy” for gun dealers since taking office. FFL revocations reached a 16 year high in 2022, thanks to this directive. Because they no longer have to go through a multi-step process and often choose to pull licenses due to a variety of “willful” violations, the ATF has seen an increase in license revocations to 92 in 2022.

“That is not the way regulatory agencies should work in the industry they regulate. They’re supposed help companies, ensure compliance, but they’re not supposed punish or destroy entire industries based on political opposition or distaste,” Aidan Johnston, Director of Federal Affairs at Gun Owners of America, told the Daily Caller News Foundation.

Republican Reps. Jim Jordan & Thomas Massie asked Stephen Dettelbach, ATF Director, to testify before Congress on April 12th in response to the ATF’s pistol stabilizer rule, ghost gun rule and “zero tolerance” policy.

“Just last year, in West Virginia v. Environmental Protection Agency, the United States Supreme Court ruled that, under the major question doctrine, ‘given both the separation of powers principles as well as a practical understanding legislative intent, the agency must point out to ‘clear congressional authorisation’ for the authority it claims,’” the Reps wrote.

They added that “this ruling raises serious doubts regarding ATF’s capability to regulate pistol braces without a clear mandate by Congress.”

Although Biden has been unable to ban so-called “assault weapon” assault weapons, it has not stopped his administration pushing for one. Biden made the call at numerous events, and after several mass shootings in 2023.

Many Republican legislators are uneasy about Biden’s repeated calls for “assault weapon bans.” In February, a group of 15 Republican attorneys general wrote a letter calling Biden out and opposing the plan to attack gun rights.

According to the letter, the coalition challenged Biden’s definitions of “assault weapon” and said that his request for Congress to ban such weapons is “irresponsible” and “unconstitutional.” Biden’s call for an assault weapon ban was called “astonishing” by the coalition, as over 100 million semiautomatic handguns are available in the United States and 45 million semiautomatic rifles are owned by law-abiding Americans.

Many of Biden’s ideas are currently in the hands of the courts, and subject to review by Congress or widely opposed to by lawmakers. However, the president will announce Tuesday a new list gun control executive orders at the site of the massacre at Monterey Park.

“This is another chapter in Joe Biden’s war on gun right. Gottlieb stated that it was a distraction from the Democrats’ failure to protect Americans from violent criminals released on bail without bail and are free prey to us all.”

Biden’s federal war against guns has been fought by other state legislatures using different methods. Montana and Missouri have resisted Biden’s gun agenda. They have enacted laws that prohibit state governments from aiding in the enforcement of federal gun laws.

Missouri is appealing the decision of an Obama-appointed judge to invalidate the law. During the appeals process, the law will not be changed.

Texas Republican state Rep. Bryan Slaton enjoyed some “fun” with the federal government after introducing a House Committee Resolution. This informed the federal government that many guns in Texas’s counties were lost in a series alleged boating accidents. Further, the resolution informed the Biden administration and any future administration that it was not possible or necessary to “buyback confiscate or register” firearms.

There are many ways to deal with federal overreach. People get angry and upset by natural emotions, but I think that if they are going to be disrespectful, then maybe we should have some fun with them,” Slaton stated to the DCNF. “In a world where people can be whatever they want and don’t need facts, it’s fine. There were a number of boating accidents.