Democrats Plan To Abolish The Second Amendment This Week
Last week we told you about the Democrats' plans to, in essence, revoke the Second Amendment as the House Judiciary Committee rammed through an extreme package of gun control measures on a party-line vote. If this terrible legislation becomes law, our friends
at the National Rifle Association point out tens of millions of law-abiding gun owners would be turned into felons and their lawfully-acquired property would be subject to confiscation by federal agents. Democrat Speaker of the House Nancy Pelosi plans to bring this to the U.S. House floor for a vote this week.
However, as Rasmussen Reports found in a recent survey, there is certainly no groundswell of support for such legislation.
This unconstitutional and divisive proposal to ban certain types of firearms, including AR-15 rifles, in the wake of recent mass shootings have voters closely divided over whether such legislation would be constitutional.
A new Rasmussen Reports national telephone and online survey finds that 44% of Likely U.S. voters believe banning weapons like the AR-15 would not violate the Second Amendment, which guarantees the right to own firearms. Forty-one percent (41%) think such a ban would violate the Second Amendment. Another 15% are not sure. (To see survey question wording, click here.)
The survey of 1,000 U.S. Likely Voters was conducted on May 31 and June 5, 2022 by Rasmussen Reports. The margin of sampling error is +/- 3 percentage points with a 95% level of confidence. Field work for all Rasmussen Reports surveys is conducted by Pulse Opinion Research, LLC. See methodology.
With polling showing the pros and cons within the margin of error, Americans appear to be evenly divided on the issue, but that’s not stopping the Democrats from charging ahead with their unconstitutional agenda.
The Democrats’ bill, H.R. 7910, was introduced and heard in committee in a matter of only three days, and is a conglomeration of numerous other gun control bills that have failed in the past.
According to a bill analysis by the National Rifle Association Institute for Legislative Action, the bill includes:
Ban on Firearm Acquisition for Law-Abiding Adults
Bans law-abiding 18-20 year old adults from acquiring semi-automatic rifles and shotguns.
Only five states restrict 18-20 year old adults from acquiring long guns, and they are currently facing multiple legal challenges.
In May, the Ninth Circuit Court of Appeals held that California’s similar long gun acquisition ban for 18-20 year old adults was unconstitutional. Jones v. Bonta, 34 F.4th 704 (9th Cir. 2022).
Ban on Standard Capacity Magazines
Prohibits the manufacture, importation, sale, or possession of magazines with a capacity of more than 10 rounds, subject to limited exceptions.
Confusingly written to potentially apply to even sub-10 round magazines because these magazines may generally be “converted” to hold more than 10 rounds.
These magazines are overwhelmingly popular with law-abiding Americans for self-defense with several hundred million currently possessed, and are without a doubt in “common use,” which provides them with constitutional protection under current Supreme Court doctrine. Indeed, two pending challenges to existing state bans are currently awaiting review before the Court.
Uses federal tax dollars intended for law enforcement and other public safety programs to “buyback” existing lawfully possessed magazines.
Ban on “Untraceable Firearms”
Prohibits the longstanding American tradition of building one’s own firearm, which has been protected by American law since our founding.
Goes far beyond allegedly “untraceable” firearms by redefining the term “frame or receiver.” This new definition would effectively turn tens of millions of firearms into contraband. AR-15s, FN FALs, Ruger Mark series pistols, and many other firearms would all be incorrectly serialized under this bill and would therefore be contraband.
Changes federal law on “undetectable firearms” in a way that would ban many existing firearm designs like the Glock 44 .22LR pistol and many other rimfire pistols that have a polymer frame and alloy slide.
New Firearms “Trafficking” Restrictions
While aimed at limiting straw purchases, this overbroad provision would also stop Boy Scout troops and 4H clubs from having a firearms training program.
This provision would make it illegal to give someone a firearm as a gift except in limited circumstances between certain family members.
“Safe Storage” Provisions
The bill includes several “safe storage” provisions that would control how individual Americans keep firearms in their own homes.
In District of Columbia v. Heller, the Supreme Court held that storage provisions that prevent a law-abiding American from having ready access to a firearm for self-defense are unconstitutional.
Ban on Certain Firearm Parts
The bill also includes a provision to ban “bump stocks” and any other device that “eliminates the need for the operator of a semiautomatic weapon to make a separate movement for each individual function of the trigger . . . .”
ATF has already attempted to ban so-called “bump stocks” by regulation, but there are still pending challenges to that regulation.
The language in this provision is very vague and could apply to other types of triggers and other parts that attempt to assist an operator.
Again, Nancy Pelosi is bringing up H.R. 7910 for a vote this week in the U.S. House. She will also hold votes on H.R. 2377 and H.R. 3480, which create “red flag orders” to confiscate firearms without due process of law. If passed, they will then be sent over to the U.S. Senate for consideration.
The best thing you can do to get involved is to call your Senators and Representative (1-866-220-0044) and politely but firmly tell them you demand they vote NO on the Democrats’ unconstitutional gun bans and gun confiscation schemes.
CHQ Editor George Rasley is a certified rifle and pistol instructor, a Glock ® certified pistol armorer and a veteran of over 300 political campaigns, including every Republican presidential campaign from 1976 to 2008. He served as lead advance representative for Governor Sarah Palin in 2008 and has served as a staff member, consultant, or advance representative for some of America's most recognized conservative Republican political figures, including President Ronald Reagan and Jack Kemp. A member of American MENSA, he served in policy and communications positions on the House and Senate staff, and during the George H.W. Bush administration he served on the White House staff of Vice President Dan Quayle.
Consolidated Appropriations Act
NICS Denial Notification Act
assault weapons ban
red flag orders
safe storage requirements