Gun owners need to be prepared for the fight of our lives. There’s a very strong possibility next month that Joe Biden will be elected president as he’s currently enjoying an electoral advantage over President Trump and narrowly leading in six key swing states. Democrats look likely to hold their majority in the United States House of Representatives and achieve 50 seats in the United States Senate. It’s also possible that we see an anti-gun majority in the Michigan House of Representatives for the first time in history.
How will this impact us? What’s the big worry about Joe Biden? Biden has stated several times that he disagrees with the District of Columbia v. Heller decision. Biden signed on to an amicus curiae brief opposing the court’s majority decision in Heller. Coincidentally, Kamala Harris was one of the authors of that brief. One of the main points of the Heller decision is that the Second Amendment is not unlimited but protects an individual right to own firearms in common use.
In his current campaign for president, Biden has said that he will end the sale of all modern sporting rifles and magazines with a capacity of greater than 10 rounds. Both are currently protected by the Heller decision. He would require any individual owning a modern sporting rifle to either sell it to the government or register it with the federal government with a mandatory $200 tax stamp. That $200 tax stamp would apply not only to the rifle but each and every magazine that holds more than 10 rounds.
But Biden’s plan doesn’t stop there. He would also ban the online sale of all firearms, ammunition, and gun parts. He would remove civil liability protections for gun manufacturers in order to force them out of business. He would expand the number of people who would be disqualified from purchasing firearms. He would penalize states that do not have firearms registration or “Red Flag” laws. He would even make firearms owners responsible for guns stolen from them. None of this is hyperbole. It’s all in his plan on his website.
Beyond Biden, the long-term goal of the Bloomberg-funded groups like Moms Demand Action and Everytown for Gun Safety (which have endorsed Biden and many other anti-gun candidates) is to achieve Canadian and Australian style gun control laws that prohibit most people from owning handguns and any rifle or shotgun other than those that can only be loaded with one round at a time. Those groups believe that the only proper purpose for individual ownership of firearms is hunting and target shooting. Those policies would prohibit carrying a pistol outside the home for self-defense. Right now the Heller decision and subsequent McDonald decision that applies Heller to the states prohibit those types of gun control laws.
The one thing that could stop these gun control proposals is the United States Supreme Court. The Supreme Court considered ten Second Amendment cases this year but ultimately declined to hear any of them. Four conservative justices support defending the individual right to self-defense but they likely feared that Chief Justice John Roberts would side with the liberal justices and declined to hear the cases. It has been a decade since the Supreme Court has heard any Second Amendment cases. During this period, lower courts controlled by progressives have approved even the most draconian state gun control regulations. That will now change with the confirmation of Amy Coney Barrett. However, even this constitutional check to safeguard the Second Amendment would disappear if Democratic Congressional leaders make good on their court packing threat.
It is critical that you vote by November 3, regardless of whether it’s by mail-in ballot or at the polls on Election Day. Not only is the presidency at stake, but the United State Senate, the Michigan House of Representatives, the integrity of the United States Supreme Court, and our future ability to own firearms for home defense and carry outside the home.
As always, please feel free to contact me at firstname.lastname@example.org or at (517) 484-2746 with any questions or concerns you may have.
Brady Schickinger, Executive Director