Biden’s Gun Control By Executive Order

Anti-gun Senators and Mayors Push Biden on Executive Gun Controls

Polk County Sheriff Grady Judd speaks on Joe Biden’s gun control proposal.

Polk County Sheriff Grady Judd on Biden’s gun control proposals.

Anti-gun Senators and Mayors Push Biden on Executive Gun Controls

NRA-ILA :: MONDAY, FEBRUARY 22, 2021

Following a year filled with the COVID-19 pandemic and widespread civil unrest, Americans are in no rush to enact further gun controls. According to data from a January Gallup poll, 42 percent of Americans are satisfied with the current gun control laws. The poll also found that 9 percent of Americans are dissatisfied with current firearms laws, but want them to be made less strict. Therefore, according to the survey, a majority of Americans (51 percent) either want gun control laws to remain the same or to be made less restrictive.

Sensing a dearth of popular support for their gun control schemes, anti-gun politicians are urging President Joe Biden to act unilaterally to restrict firearms. This week, a group of 12 Senate Democrats led by Sen. Dianne Feinstein (D-Calif.) sent a letter to Biden that urged the president to nominate a permanent director to the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and empower them to enact a raft of executive gun control measures. In a similar vein, a group of big-city mayors that included Chicago’s Lori Lightfoot penned a CNN opinion piece that called on the president to attack gun rights through executive action.

According to the Senators’ letter, “the next Director of the ATF must be committed to enacting policies that will allow the agency to fulfill its mission to protect communities and combat gun violence.” According to the group, in order to do this the next director must adopt the following priorities: 

1. Implement regulations to stop the proliferation of ghost guns.

2. Issue a new regulation clarifying which gun sellers must get dealer licenses and run

background checks.

3. Modernize, strengthen, and prioritize oversight of the gun industry.

4. Ensure public transparency by disseminating robust statistical data.

5. Update critical reports and develop new ways to affirmatively share information about

gun trafficking and the source of crime guns.

6. Require FFLs to notify the Department of Justice every time they complete a gun sale

where a background check has been initiated but not completed to ensure the

prioritization of completing background checks where a sale has been made.

Some of the items are vague, but others directly correspond to policies that have repeatedly been rejected by the American public through their elected representatives.

The first item on the anti-gun senators’ wish list would restrict Americans’ right to make their own firearms for personal use by further regulating unfinished frames and receivers.

Concerning these items, the current federal statute and regulations are clear. Federal law defines a “firearm” to include “any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive” and “the frame or receiver of any such weapon.” In the Code of Federal Regulations (CFR), “firearm frame or receiver” is further defined as “That part of a firearm which provides housing for the hammer, bolt or breechblock, and firing mechanism, and which is usually threaded at its forward portion to receive the barrel.”

In order to target unfinished frames and receivers, ATF would likely attempt to broaden the definition of “firearm frame or receiver” in the CFR. Such a change is inadvisable and would at the very least require a formal rulemaking under the Administrative Procedure Act.

By targeting the materials Americans use to make their own firearms, ATF would be striking at the core of the Second Amendment right in a manner that has no basis in the text, history, and tradition of the right. Since long before the founding, Americans have enjoyed the right to make their own firearms for personal use without government interference. 

The second wish list item is something of an Obama-era retread. Having failed to criminalize the private transfer of firearms by means of legislation in 2013, in 2015 the Obama administration explored restricting the private transfer of firearms through executive action.

Federal law (18 U.S.C. § 922(a)) provides,

(a) It shall be unlawful–

(1) for any person–

(A) except a licensed importer, licensed manufacturer, or licensed dealer, to engage in the business of importing, manufacturing, or dealing in firearms, or in the course of such business to ship, transport, or receive any firearm in interstate or foreign commerce; or

Therefore, a person may not “engage in the business” of dealing firearms without a Federal Firearms License. Federal Firearms Licensees (FFLs), of course, are required to consult the FBI’s National Instant Criminal Background Check System (NICS) before transferring a firearm to a non-dealer.

The term “engaged in the business,” as it pertains to firearms dealers, is defined by statute (18 U.S.C. § 921(a)(21)) as,

a person who devotes time, attention, and labor to dealing in firearms as a regular course of trade or business with the principal objective of livelihood and profit through the repetitive purchase and resale of firearms, but such term shall not include a person who makes occasional sales, exchanges, or purchases of firearms for the enhancement of a personal collection or for a hobby, or who sells all or part of his personal collection of firearms;

Notice that the language does not contain a specific number of firearm sales or transfers that triggers the definition of “engaged in the business.” The language in the definition was carefully crafted to exempt individuals selling and trading firearms in and out of their private collections, no matter the frequency or volume. Rather, it is when a person sells firearms “as a regular course of trade or business with the principal objective of livelihood and profit” that a person must obtain Federal Firearms License.

Enacting this statutory definition of “engaged in the business” was a key component of the Firearms Owners’ Protection Act of 1986. Prior to FOPA, ATF had targeted private individuals at gun shows who sold a few firearms out of their private collections on multiple occasions.

In the end, the Obama administration correctly determined that they did not have the authority to limit the private transfer of firearms by executive fiat. Instead, the administration issued a 15-page guidance document that summarized existing law concerning firearms dealing.

Though vague, wish list items four and five appear targeted at the Tiahrt Amendment. This important piece of legislation restricts the dissemination of certain law enforcement data on firearms traces. Prior to the Tiahrt Amendment, the often-misleading data had been abused by gun control advocates to push gun control measures and attack the firearms industry.

Further, the release of this sensitive data had the potential to imperial law enforcement officers. Writing in support of the Tiahrt Amendment, the National President of the Fraternal Order of Police explained “releasing sensitive information about pending cases can jeopardize the integrity of an investigation or even place the lives of undercover officers in danger.” Though the amendment restricts the dissemination of trace data, it does ensure law enforcement can access this information for legitimate investigative purposes.

Item six is an attempt to undermine the NICS’s three-day safety-valve provision by intimidating FFLs into not transferring a firearm even when they are permitted by law to do so.

Under federal law, if a NICS check is delayed for further research and the FBI’s NICS section is unable to determine that the prospective firearm transferee is prohibited from possessing firearms under federal or state law three business days after the check was initiated by a firearms dealer, the firearms transfer may proceed at the dealer’s option. This provision encourages the FBI to conduct NICS checks in an efficient manner and prevents the government from arbitrarily denying an individual their Second Amendment rights through an indefinite delay. According to the 2019 NICS Operations Report only 70 percent of NICS checks that year resulted in an “instant determination,” with the remaining 30 percent requiring some analysis or additional research. 

The proposed requirement that FFLs report lawful firearm transfers to the Department of Justice, who through ATF has control over their license, is an obvious attempt to bully gun dealers into cutting off this vital safety-valve. Moreover, there is no statutory language supporting such a scheme. 

In addition to Mayor Lightfoot, the CNN column was authored by United States Conference of Mayors (USCM) President and Louisville Mayor Greg Fischer, Los Angeles Mayor Eric Garcetti, and Baltimore Mayor Brandon Scott. In the piece, the mayors offered a vaguer call for executive action than their more sophisticated federal allies, but explicitly demanded action on “ghost guns” and “strengthening the background check system.”

As the piece pointed out, the mayors are all members of finance tycoon Michael Bloomberg’s gun control group Mayors Against Illegal Guns. Moreover, the group contended that their anti-gun initiative was the result of the winter meeting of the USCM.

The USCM is a handgun prohibitionist organization. In June 1972, USCM adopted a policy resolution on handgun control that called for the abolition of private handgun ownership. The resolution stated,

NOW THEREFORE BE IT RESOLVED that the United States Conference of Mayors takes a position of leadership and urges national legislation against the manufacture, importation, sale, and private possession of handguns, except for use by law enforcement personnel, military and sportsmen clubs;

In 2008, USCM joined with Legal Community Against Gun Violence (now Giffords) in a friend of the court brief in the U.S. Supreme Court Case District of Columbia v. Heller that argued in favor of upholding Washington, D.C.’s unconstitutional handgun ban. 

It is unsurprising that members of a group that believes the Second Amendment does not constrain their power to enact gun control would believe that the U.S. Constitution and federal law should not constrain President Biden’s.

In late 2015, Obama tasked his White House with doing everything within their lawful authority to pursue gun control through executive action. Deputy Press Secretary Eric Schultz said of Obama’s administrative gun control efforts, “he has asked his team to scrub existing legal authorities to see if there’s any additional action we can take administratively…The President has made clear he’s not satisfied with where we are, and expects that work to be completed soon.” In remarks announcing the new actions, Obama stated “we’re going to do everything we can to ensure the smart and effective enforcement of gun safety laws that are already on the books…”Further, a press release that accompanied the announcement of these measures, stated, “The President and Vice President are committed to using every tool at the Administration’s disposal to reduce gun violence.”

The executive branch has not been granted further power to regulate firearms since the Obama administration “scrub[bed]” the law for avenues to attack gun owners by presidential fiat. The measures advanced by this anti-gun cadre of U.S. Senators and mayors are willful perversions of federal law that NRA stands ready to oppose.

New House Bill Takes Aim At Second Amendment Rights

H.R. 127 – Hannibal is at the gates

FEB 10, 2021https://www.larslarson.com/a-new-house-bill-could-take-aim-at-your-second-amendment-rights/

H.R. 127 sponsored by Rep. Shelia Jackson Lee

H.R. 127 sponsored by Rep. Shelia Jackson Lee (D-TX), released on 1/28/21 could be a major threat to your second amendment rights if it makes its way to law. This awful infringement on your rights would do the following:

  • Impose Licensing of Firearms and Ammunition for Possession of any firearm or ammunition.
  • Impose an additional license to DISPLAY  an Antique Firearm in the HOME.
  • Impose an additional license for Possession of  “Military Style Weapons.”
  • Impose mandated Firearm Liability INSURANCE with a yearly fee of $800 payable to the US Attorney General.
  • Impose a detailed Federal Firearm Registration System to which THE PUBLIC, all Federal, State and Local law enforcement, all governments, and all branches of the US Armed Forces has complete access.

Lars Larson’s interview with Dr. John Lott of the Crime Research Prevention Center below . . .

Lars Larson’s interview with Dr. John Lott of the Crime Research Prevention Center – FEB 10, 2021

Unprecedented Number of Americans Exercise 2A Rights in 2020

40% were first-time gun buyers

MONDAY, JANUARY 11, 2021 – NRA-ILA

Millions of Americans exercised their Second Amendment rights for the first time in 2020. And, it’s easy to understand why.

Bare shelves at local grocery stores fueled fears that the breakdown in supply chains would lead to a breakdown in our social order. Inmates released early to stem the spread of the virus within prisons and rising unemployment led to fears of a crime wave. Americans watching this unfold in real time realized that they may be able to rely on only themselves. 

Americans didn’t wait for tragedy; they acted to make sure they were not part of the tragic tale of 2020. They applied for permits to obtain or carry a firearm. They purchased handguns and long guns at a rate no one could have imagined, and did so at a time when some states were trying to shut down permit offices and gun shops. The spike in demand led to inventory shortages that likely reduced sales.  

The FBI conducted 39,695,315 total NICS background checks last year. That is the annual record, beating the year 2019 by more than 11.3 million background checks.

The difference in background checks between 2020 and 2019 was more than the number of checks run in any of the first nine years NICS existed. This record was expected given what we saw all year: month after month of record-setting numbers. March was the busiest month ever for the NICS office, until June reset the record. June only held the record until December.

There were 3,937,066 total NICS checks run last month. The number of NICS checks had broken three million in a single month a single time before 2020. It happened eight times last year. Those eight months were among the nine busiest months ever. Nine individual weeks in 2020 rate among the ten highest weeks of all-time, including two weeks in December (third and sixth all-time). That list includes every full week in June, and two consecutive weeks in November.

We know from retailer reports that about 40% of buyers were first-time gun buyers, and that there were significant increases in the percentage and number of female and minority gun buyers. Forty-percent of those first-time gun buyers were women. The 2nd Amendment is not bound by race, gender, or socio-economic status.

It is about giving Americans a fighting chance to defend themselves and their families. 

Millions of Americans gave themselves that chance last year. A significant majority of those purchasing handguns, shotguns, or semi-automatic rifles indicated they were doing so to protect themselves. The FBI ran 11,897,521 handgun-related NICS checks last year and 7,132,864 checks related to long guns. Both are records; those numbers represent a 47% increase in the number of handgun-related checks and about a 0.1% increase in the number of long-gun related checks.

This reality is something no ivory tower academic would have ever predicted. Gun controllers, desperate for attention during 2020, tried to make every crisis about so-called gun violence while running away from the issue during the election.  Maybe they got the hint after months of record-setting background check numbers, but elitist gun controllers have already shown how far they’ll go to create a false narrative about the gun buyers of 2020. They’ve been working behind the scenes to advance their agenda without legislative input, and you can expect that strategy to continue under the next administration.

Those who write for academic journals, magazines, and textbooks will focus considerable energy to the issues and impact of 2020, and they’ll be encouraged to overlook or downplay the significance of the gun-buying surge of 2020. You can expect gun grabbers holding political office and professional anti-gun activists to try to control the narrative.  

You can also expect the NRA to continue our mission of safeguarding the fundamental right of every American to defend themselves and their families. 

We – through the will of our members and supporters – have been doing it for 150 years.

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Joe Biden Doubles Down, Pledges to ‘Defeat the NRA’

By now you may have heard that Joe Biden has pledged to “Defeat the NRA.”   There is plenty of documentation to confirm this – some of which is below. 
 Stories:

  • Joe Biden Doubles Down, Pledges to ‘Defeat the NRA’ (Breitbart)
  • Joe Biden Vows to ‘Defeat the NRA’ (Newsmax)
  • Biden declares that he’ll ‘defeat the NRA’ under his term in office (BizPac Review)
  • Joe Biden Vows to ‘Defeat the NRA’ (KOH AM 780 Reno)

Joe Biden Doubles Down, Pledges to ‘Defeat the NRA’  By AWR HAWKINS  Breitbart  January 10, 2021  https://www.breitbart.com/politics/2021/01/10/joe-biden-doubles-down-pledges-defeat-nra/   In a January 8, 2021, statement recognizing the tenth anniversary of the shooting that wounded Gabby Giffords, President-elect Joe Biden pledged to “defeat the NRA.”  Biden’s full statement recounted the January 8, 2011, attack, which killed six and left Giffords and others wounded, then transitioned to praising Giffords for the gun control work she undertook after the incident.  The statement concluded: “As President, I pledge to continue to work together with Congresswoman Giffords, and with survivors, families, and advocates across the country, to defeat the NRA and end the epidemic of gun violence in America.”  Biden campaigned for the presidency on a platform of defeating the NRA. In fact, when he released an overview of his gun control proposals, they included a reference to his opposition to the NRA…  

Joe Biden Vows to ‘Defeat the NRA’  

By Eric Mack  Newsmax  January 10, 2021 | 9:33 pm  https://www.newsmax.com/politics/nra-gabby-giffords-lobbyist-second-amendment/2021/01/10/id/1005017/   Joe Biden will set his sights on destroying one of the most staunch Republican lobbyist organizations, the National Rifle Association.  Joe Biden’s Twitter account tweeted Friday:  “.@GabbyGiffords — Your perseverance and immeasurable courage continue to inspire me and millions of others. I pledge to continue to work with you — and with survivors, families, and advocates across the country — to defeat the NRA and end our epidemic of gun violence.”  Former Rep. Gabrielle Giffords, D-Ariz., was a victim of a mass shooting, sending out a tweet Biden’s account was responding, too.  “Ten years ago, my life and my community changed forever. I was shot in the head, six people were killed, 12 others injured. But the attack did not break me—or the people I represented in Congress. We came together, turned pain into purpose, and found hope in each other.”…  

Biden declares that he’ll ‘defeat the NRA’ under his term in office  

By Jon Dougherty   BizPac Review  January 10, 2021   https://www.bizpacreview.com/2021/01/10/biden-declares-that-hell-defeat-the-nra-under-his-term-in-office-1014702/  
In a declaration that is certain to upset throngs of gun owners, President-elect Joe Biden has declared that he’ll “defeat” the National Rifle Association during his term.  In response to a tweet from former Rep. Gabby Gifford (D-Ariz.), who was one of 14 people shot in January 2011 during an event in Tucson and whose husband, Democrat Mark Kelly, just won a U.S. Senate seat, Biden’s official account pledged to “defeat the NRA.”  “Ten years ago, my life and my community changed forever. I was shot in the head, six people were killed, 12 others injured. But the attack did not break me—or the people I represented in Congress. We came together, turned pain into purpose, and found hope in each other,” Giffords wrote on the anniversary of the attack by shooter Jared Lee Loughner…  

Joe Biden Vows to ‘Defeat the NRA’  

KOH AM 780 Reno  January 10, 2021  https://www.kkoh.com/news/joe-biden-vows-to-defeat-the-nra/   Joe Biden will set his sights on destroying one of the most staunch Republican lobbyist organizations, the National Rifle Association.  Joe Biden’s Twitter account tweeted Friday:  “.@GabbyGiffords — Your perseverance and immeasurable courage continue to inspire me and millions of others. I pledge to continue to work with you — and with survivors, families, and advocates across the country — to defeat the NRA and end our epidemic of gun violence.”  Former Rep. Gabrielle Giffords, D-Ariz., was a victim of a mass shooting, sending out a tweet Biden’s account was responding, too.  

“Ten years ago, my life and my community changed forever. I was shot in the head, six people were killed, 12 others injured. But the attack did not break me—or the people I represented in Congress. We came together, turned pain into purpose, and found hope in each other.” 

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5 year official NRA membership.

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$125.00

Official NRA Lifetime Distinguished Membership

Must be 65 years of age or older. One time payment Official NRA Distinguished Lifetime Membership. Includes official NRA monthly publication and all other membership benefits,

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GUNS and the BIDEN ADMINISTRATION: ‘THE BIDEN PLAN TO END OUR GUN VIOLENCE EPIDEMIC’

“Biden will enact legislation to prohibit all online sales of firearms, ammunition, kits, and gun parts.”

THE BIDEN PLAN TO END OUR GUN VIOLENCE EPIDEMIC

Joe Biden knows that gun violence is a public health epidemic. Almost 40,000 people die as a result of firearm injuries every year in the United States, and many more are wounded. Some of these deaths and injuries are the result of mass shootings that make national headlines. Others are the result of daily acts of gun violence or suicides that may not make national headlines, but are just as devastating to the families and communities left behind.

Joe Biden has taken on the National Rifle Association (NRA) on the national stage and won – twice. In 1993, he shepherded through Congress the Brady Handgun Violence Prevention Act, which established the background check system that has since kept more than 3 million firearms out of dangerous hands. In 1994, Biden – along with Senator Dianne Feinstein – secured the passage of 10-year bans on assault weapons and high-capacity magazines. As president, Joe Biden will defeat the NRA again.

Joe Biden also knows how to make progress on reducing gun violence using executive action. After the tragedy at Sandy Hook Elementary School in 2012, President Obama tasked Vice President Biden with developing both legislative proposals and executive actions to make our communities safer. As a result of this effort, the Obama-Biden Administration took more than two dozen actions, including narrowing the so-called “gun show loophole,” increasing the number of records in the background check system, and expanding funding for mental health services.

It’s within our grasp to end our gun violence epidemic and respect the Second Amendment, which is limited. As president, Biden will pursue constitutional, common-sense gun safety policies. Biden will:

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.

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. As president, Biden will:

  • 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. 
  • 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. 
  • 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.
  • Reduce stockpiling of weapons. In order to reduce the stockpiling of firearms, Biden supports legislation restricting the number of firearms an individual may purchase per month to one.

Keep guns out of dangerous hands. The federal background check system (the National Instant Criminal Background Check System) is one of the best tools we have to prevent gun violence, but it’s only effective when it’s used. Biden will enact universal background check legislation and close other loopholes that allow people who should be prohibited from purchasing firearms from making those purchases. Specifically, he will:

  • Require background checks for all gun sales.  Today, an estimated 1 in 5 firearms are sold or transferred without a background check. Biden will enact universal background check legislation, requiring a background check for all gun sales with very limited exceptions, such as gifts between close family members. This will close the so-called “gun show and online sales loophole” that the Obama-Biden Administration narrowed, but which cannot be fully closed by executive action alone.
  • Close other loopholes in the federal background check system. In addition to closing the “boyfriend loophole” highlighted below, Biden will:
  • Reinstate the Obama-Biden policy to keep guns out of the hands of certain people unable to manage their affairs for mental reasons, which President Trump reversed. In 2016, the Obama-Biden Administration finalized a rule to make sure the Social Security Administration (SSA) sends to the background check system records that it holds of individuals who are prohibited from purchasing or possessing firearms because they have been adjudicated by the SSA as unable to manage their affairs for mental reasons. But one of the first actions Donald Trump took as president was to reverse this rule. President Biden will enact legislation to codify this policy.
  • Close the “hate crime loophole.”  Biden will enact legislation prohibiting an individual “who has been convicted of a misdemeanor hate crime, or received an enhanced sentence for a misdemeanor because of hate or bias in its commission” from purchasing or possessing a firearm.
  • Close the “Charleston loophole.”  The Charleston loophole allows people to complete a firearms purchase if their background check is not completed within three business days. Biden supports the proposal in the Enhanced Background Checks Act of 2019, which extends the timeline from three to 10 business days. Biden will also direct the Federal Bureau of Investigation (FBI) to put on his desk within his first 100 days as president a report detailing the cases in which background checks are not completed within 10 business days and steps the federal government can take to reduce or eliminate this occurrence.
  • Close the “fugitive from justice” loophole created by the Trump Administration. Because of actions by the Trump Administration, records of almost 500,000 fugitives from justice who are prohibited from purchasing firearms were deleted from the background check system. The Biden Administration will restore these records, and enact legislation to make clear that people facing arrest warrants are prohibited from purchasing or possessing firearms.

End the online sale of firearms and ammunitions.  Biden will enact legislation to prohibit all online sales of firearms, ammunition, kits, and gun parts.

Create an effective program to ensure individuals who become prohibited from possessing firearms relinquish their weapons. Federal law defines categories of individuals who are prohibited from purchasing or possessing firearms, and the federal background check system is an effective tool for ensuring prohibited persons cannot purchase firearms. But we lack any serious tool to ensure that when someone becomes newly prohibited – for example, because they commit a violent crime – they relinquish possession of their firearms. There are some promising models for how this could be enforced. For example, California has a mandatory process for ensuring relinquishment by any individual newly subject to a domestic violence restraining order. As president, Biden will direct the FBI and ATF to outline a model relinquishment process, enact any necessary legislation to ensure relinquishment when individuals newly fall under one of the federal prohibitions, and then provide technical and financial assistance to state and local governments to establish effective relinquishment processes on their own.

Incentivize state “extreme risk” laws. Extreme risk laws, also called “red flag” laws, enable family members or law enforcement officials to temporarily remove an individual’s access to firearms when that individual is in crisis and poses a danger to themselves or others. Biden will incentivize the adoption of these laws by giving states funds to implement them. And, he’ll direct the U.S. Department of Justice to issue best practices and offer technical assistance to states interested in enacting an extreme risk law.

Give states incentives to set up gun licensing programs. Biden will enact legislation to give states and local governments grants to require individuals to obtain a license prior to purchasing a gun.

Adequately fund the background check system. President Obama and Vice President Biden expanded incentives for states to submit records of prohibited persons into the background checks system. As president, Biden will continue to prioritize that funding and ensure that the FBI is adequately funded to accurately and efficiently handle the NICS system.

ADDRESSING THE DEADLY COMBINATION OF GUNS AND DOMESTIC VIOLENCE The statistics tell a devastating and overwhelming story. The likelihood that a woman in a domestic violence situation will be killed increases by a factor of five if a gun is nearby. Half of mass shootings involve an individual shooting a family member or former intimate partner. This deadly connection tragically impacts children as well: 86% of children killed in shootings with four or more victims were involved in domestic or family violence. Biden recognizes that the gun violence and domestic violence epidemics are linked and cannot be solved in isolation. Addressing the interconnectedness of these challenges will be a core focus of Biden’s anti-violence work as president. The Violence Against Women Reauthorization Act of 2019, which Leader McConnell refuses to bring to the floor for a vote, includes a number of reforms to keep firearms out of the hands of abusers. Senator McConnell should ensure this legislation gets passed long before President Biden would take the oath of office. But if McConnell refuses to act, Biden will enact legislation to close the so-called “boyfriend loophole” and “stalking loophole” by prohibiting all individuals convicted of assault, battery, or stalking from purchasing or possessing firearms, regardless of their connection to the victim. This proposal is modeled after existing laws in California, Connecticut, Hawaii, Nevada, New York, and Pennsylvania. Biden also supports enacting the proposal to prohibit anyone under a temporary restraining order from purchasing or possessing a firearm before their hearing. In addition, President Biden will: Establish a new Task Force on Online Harassment and Abuse to focus on the connection between mass shootings, online harassment, extremism, and violence against women.  As President, Joe Biden will convene a national Task Force with federal agencies, state leaders, advocates, law enforcement, and technology experts to study rampant online sexual harassment, stalking, and threats, including revenge porn and deepfakes — and the connection between this harassment, mass shootings, extremism and violence against women. The Task Force will be charged with developing cutting-edge strategies and recommendations for how federal and state governments, social media companies, schools, and other public and private entities can tackle this unique challenge. The Task Force will consider platform accountability, transparent reporting requirements for incidents of harassment and response, and best practices.  Expand the use of evidence-based lethality assessments by law enforcement in cases of domestic violence. Lethality assessments, sometimes called “risk” or “danger” assessments, are a proven strategy to help law enforcement officers identify domestic violence survivors who are at high risk of being killed by their abusers. These survivors are then connected with social service programs that can offer services and safety planning. An evaluation of the Lethality Assessment Program (LEP) created by the Maryland Network Against Domestic Violence showed promising results. Increased federal funding will incentivize jurisdictions to take advantage of implementing these programs more widely.

Make sure firearm owners take on the responsibility of ensuring their weapons are used safely.

  • Put America on the path to ensuring that 100% of firearms sold in America are smart guns. Today, we have the technology to allow only authorized users to fire a gun. For example, existing smart gun technology requires a fingerprint match before use. Biden believes we should work to eventually require that 100% of firearms sold in the U.S. are smart guns. But, right now the NRA and gun manufacturers are bullying firearms dealers who try to sell these guns. Biden will stand up against these bullying tactics and issue a call to action for gun manufacturers, dealers, and other public and private entities to take steps to accelerate our transition to smart guns.
  • 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.
  • Require gun owners to safely store their weapons. Biden will pass legislation requiring firearm owners to store weapons safely in their homes.

Empower law enforcement to effectively enforce our gun laws.

  • Prioritize prosecution of straw purchasers. “Straw purchasers” buy a firearm on behalf of an individual who cannot pass a background check. Biden will end those loopholes by enacting a law to make all straw purchases a serious federal crime and ensure the U.S. Justice Department has sufficient resources to prioritize their prosecution.
  • Notify law enforcement when a potential firearms purchaser fails a background check. Too often, when prohibited persons attempting to buy a firearm fail a background check, state and local law enforcement is never informed of the attempt. As president, Biden will direct the FBI to set up a process to ensure timely notification of denials to state and local law enforcement, and he’ll support legislation to codify this process. This empowers law enforcement to follow up and ensure prohibited persons do not attempt to acquire firearms through other means.
  • Require firearms owners to report if their weapon is lost or stolen. Responsible gun owners have a responsibility to inform law enforcement if their weapon is lost or stolen. Biden will enact legislation to make this the law of the land.
  • Stop “ghost guns.” One way people who cannot legally obtain a gun may gain access to a weapon is by assembling a one on their own, either by buying a kit of disassembled gun parts or 3D printing a working firearm. Biden will stop the proliferation of these so-called “ghost guns” by passing legislation requiring that purchasers of gun kits or 3D printing code pass a federal background check. Additionally, Biden will ensure that the authority for firearms exports stays with the State Department, and if needed, reverse a proposed rule by President Trump. This will ensure the State Department continues to block the code used to 3D print firearms from being made available on the Internet.
  • Reform, fund, and empower the U.S. Justice Department to enforce our gun laws. Biden will direct his Attorney General to deliver to him within his first 100 days a set of recommendations for restructuring the ATF and related Justice Department agencies to most effectively enforce our gun laws. Biden will then work to secure sufficient funds for the Justice Department to effectively enforce our existing gun laws, increase the frequency of inspections of firearms dealers, and repeal riders that get in the way of that work.
  • Direct the ATF to issue an annual report on firearms trafficking. This report will provide officials with critical information to better identify strategies for curbing firearms trafficking.
TACKLE URBAN GUN VIOLENCE WITH TARGETED, EVIDENCE-BASED COMMUNITY INTERVENTIONSDaily acts of gun violence in our communities may not make national headlines, but are just as devastating to survivors and victims’ families as gun violence that does make the front page. And, these daily acts of gun violence disproportionately impact communities of color. But there is reason to be optimistic. There are proven strategies for reducing gun violence in urban communities without turning to incarceration. For example, Group Violence Intervention organizes community leaders to work with individuals most likely to commit acts of gun violence, express the community’s demand that the gun violence stop, and connect individuals who may be likely perpetrators with social and economic support services that may deter violent behavior. These types of interventions have reduced homicides by as much as 60%Hospital-Based Violence Intervention engages young people who have been injured by gun violence while they are still in the hospital, connecting them to social and economic services that may decrease the likelihood they engage in or are victims of gun violence in the future. Biden will create a $900 million, eight-year initiative to fund these and other types of evidence-based interventions in 40 cities across the country – the 20 cities with the highest number of homicides, and 20 cities with the highest number of homicides per capita. This proposal is estimated to save more than 12,000 lives over the eight-year program.

Dedicate the brightest scientific minds to solving the gun violence public health epidemic. In 2013, President Obama issued a memorandum clarifying that a longstanding appropriations rider that prohibited the Centers for Disease Control and Prevention (CDC) and other federal scientific agencies from using federal dollars to “advocate or promote gun control” does not prohibit those agencies from researching the causes and prevention of gun violence. The National Institutes of Health (NIH) subsequently embarked on funding some of this research, though Republican leadership in Congress refused to appropriate any funds to the CDC for this work. Biden will call for Congress to appropriate $50 million to accelerate this research at the CDC and NIH. 

Prohibit the use of federal funds to arm or train educators to discharge firearms. We should be passing rational gun laws, not requiring educators who already have too much on their plates to also protect the safety of their students. Biden supports barring states from using federal dollars to arm or train educators to discharge firearms.

Address the epidemic of suicides by firearms. Biden believes any plan to address the gun violence epidemic must address suicides by firearms, which account for 6 in 10 gun-related deaths but are often left out of the conversation. Many of the policies noted above – including safe storage requirements and extreme risk protection orders – will have a serious impact on efforts to reduce gun violence. But there’s so much more we need to do to support people experiencing suicidal ideation. In the months ahead, Biden will put forward a comprehensive plan to improve access to mental health services.

SUPPORTING SURVIVORS OF VIOLENCE AND THEIR COMMUNITIESViolence causes ripples of trauma throughout our communities, impacting not just the victims of violence but also their communities and first responders. Fear of school shootings is having a noticeable impact on the mental health of Gen Z. Intimate partner violence is linked to depression, post-traumatic stress, and other mental health challenges among survivors. And, this trauma can be intergenerational. Science now shows that young children who witness violence – including in their home – literally alters the parts of their brains that affect “reasoning, planning, and behavioral control.”We need to reduce violence to prevent trauma from happening in the first place. But we also must treat the resulting trauma as a serious crisis in its own right.As president, Biden will:Make federal programs more trauma-informed. During his first 100 days, Biden will direct his Cabinet to conduct a review of all federal programs that directly serve communities likely to experience violence and identify reforms to make sure those programs effectively address resulting trauma. Biden will then invest significant federal funds in expanding and improving the federal government’s support for trauma-informed and culturally responsive care.Create a network of trauma care centers. Biden will bring together offices within the federal government to establish specialized trauma care centers for survivors of violence, with a special focus on survivors of domestic and sexual violence. Domestic violence services are focused on meeting the emergency needs of survivors, including safety planning and crisis intervention. As a result, frontline providers lack the resources they need to offer therapeutic services to help survivors heal from trauma. These trauma care centers will be flexible in meeting the needs of communities, and could be housed at rape crisis centers, domestic violence programs, universities, and existing mental health centers.Train health care and other service providers in trauma-centered care. To prevent revictimization and secondary trauma, Biden will align training efforts throughout relevant federal programs to include a focus on understanding the traumatic effects of violence, providing appropriate care to avoid furthering the trauma, linking survivors with evidence-based trauma therapies, and reducing myths about domestic and sexual violence. This will be accomplished through agency directives, policy guidance, and special conditions for grantees and contractors.

Is the Right to Armed Self-Defense Obsolete?

The Right to Armed Self-Defense in the Light of Law Enforcement Abdication

DAVID BERNSTEIN – Oct. 5, 2020

This article defends the position that the right of armed self-defense remains important today, in particular in light of the civil unrest of the Summer of 2020. The article proceeds in three parts. The first part will summarize arguments from various prominent commentators that the right to self-defense with firearms is anachronistic in the contemporary United States. These critics argue that Americans can and should rely solely on their local professional police force to protect them.

The second part of the article will focus on how this argument has been undermined by recent events. This part documents in great detail the failures of law enforcement in reaction to looting, rioting, and other forms of illegal behavior that threatened the well-being of the public. First, many police departments received implicit or explicit orders from their political supervisors to “stand down.” Second, in many instances, the police themselves were unwilling or unable to combat lawless behavior. If police consistently fail to enforce law and order, the argument against the individual right to bear arms for self-defense purposes significantly weakens.

Finally, the last part of the article will discuss examples of individuals and groups of citizens using firearms in self-defense during the recent unrest in the absence of effective law enforcement. Some of these episodes are open to criticism, whether on the grounds that one believes that it’s never worth using or even threatening to use deadly force to defend property, or because the line between justified self-defense and unjustified vigilantism is not always a clear one. Nevertheless, if law enforcement is unwilling or unable to preserve basic law and order, it’s both inevitable that citizens will try to fill the breach, and desirable that law-abiding individuals should be given the means to do so.

DAVID BERNSTEIN is the University Professor and the Executive Director of the Liberty & Law Center at the Antonin Scalia Law School, George Mason University.

College Student Accused of Hate Crime for Owning AR Rifle

Austin Tong was charged with a hate crime by Fordham University for simply posting a photo of his new AR rifle..

This is NRA member Austin Tong. He was charged with a hate crime by his school, Fordham University, for simply posting a photo of his new AR-15 he bought for home defense. The University accused him of owning an “automatic weapon” and they’re doing everything they can to silence his political views, but this NRA member is not backing down. This is his message.

The NRA is America’s preeminent gun rights organization, comprised of millions of patriotic, law-abiding, freedom-loving citizens. Together, we defend the Second Amendment rights of all Americans, and work to protect and preserve our hunting and shooting traditions for future generations. NRA also offers the best firearms education programs in the country and trains millions of Americans each year to be safe and responsible gun owners.

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Florida Alert!! YOU LOOT — WE SHOOT!

Record numbers of firearms have been purchased over the past couple of months in Florida and around our nation. Many by people who never thought they would want or need a gun.

Florida Alert!! YOU LOOT — WE SHOOT!

DATE: July 7, 2020
TO: USF & NRA Members and Friends
FROM: Marion P. Hammer
USF Executive Director
NRA Past President

By Marion P. Hammer

Record numbers of firearms have been purchased over the past couple of months in Florida and around our nation. Many of the firearms were – and are – purchased by people who never thought they would want or need a gun. Firearms training classes are full and booked for months ahead. Florida Tax Collectors are reporting huge increases in the number of Concealed Weapon or Firearm License applications being processed locally.

Around the country, professional rioters and violent protesters have been destroying private property.

These acts of violence are soon followed by looters who help themselves to what’s left. These are not acts of civil disobedience; these are planned and orchestrated acts of domestic terrorism.

People around the nation are getting fed up and are buying guns, getting trained and are preparing to protect what they have worked hard to achieve.

We’ve seen people wake up and take responsibility for themselves and their property before.

In August 1992, Hurricane Andrew hit Miami/Dade County, Florida. The destruction was massive. During the news coverage in the aftermath of Hurricane Andrew, a warning from residents to looters emerged. Images flashed across TV screens on national TV and the message was clear. Hand scrawled on a piece of building debris: “You Loot – We Shoot!” Spray painted on garage doors: “You Loot – We Shoot!” Painted across the front of damaged homes: “You Loot – We Shoot!”

Hurricane Andrew had damaged and destroyed much of what Dade County residents owned, and they did not intend to lose anything else to looters and roving gangs.

Throughout the television coverage of the plight of hundreds of thousands of residents left homeless by – what at the time was – this nation’s worst hurricane disaster, we saw many people refusing to leave the rubble they once called home. They were armed and standing guard to protect what little they had left. There was even a report from Miami of a police officer on local TV telling residents if they needed security, they’d better get a gun – police couldn’t help them.

Even after the National Guard arrived, residents reported to the media that they still had to protect themselves because when the sun went down, the soldiers disappeared and residents were once again on their own.

During this TV coverage the overwhelming majority of firearms that residents were using for protection were semi-automatic firearms – firearms would be banned as so-called “assault weapons” by gun ban organizers.

Such tragic disasters often make folks open their eyes to the importance of firearms for protection and the outrageous restriction of gun control laws – particularly waiting period laws and gun ban laws. When you need a firearm for protection you can’t wait and you need the firearm best suited to stop gangs of intruders!

Those whose anti-gun philosophy is manufactured in air-conditioned offices or in homes with electronic security systems and iron gates should take heed. When their anti-gun counterparts in Miami, became victims of a disaster, they quickly had a new perspective on the importance of the Second Amendment’s guarantee of the right of the People to keep and bear arms.

Hurricane Andrew is not the only time Floridians have stepped up to protect their families and their homes with firearms following hurricane disasters; it just hasn’t been widely reported in the anti-gun, anti-self-defense media.

Today, the ice cold reality of self-reliance settles in when people observe professional protesters rioting with violence and destruction. That’s why they are buying guns.

Contact In-Gauge of Polk County directly for CLUB membership information and benefits at: ingaugeofpolkcounty@gmail.com

See special ‘Distinguished Life Member‘ offer below for those 65 years of age and older.

If you do not want the monthly magazine, we can sign you up for as little as $10 for a one year NRA membership.

One Year $10 Official NRA Membership

This $10 membership does not include monthly publication

$10.00

One Year Regular Official NRA Membership

1 year official NRA membership. Includes official NRA monthly publication.

$35.00

3 Year Official NRA Membership

3 year official NRA membership. Includes official NRA monthly publication.

$85.00

5 year official NRA membership.

5 year official NRA membership. Includes official NRA monthly publication

$125.00

Official NRA Lifetime Distinguished Membership

Must be 65 years of age or older. One time payment Official NRA Distinguished Lifetime Membership. Includes official NRA monthly publication and all other membership benefits,

$600.00

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There is only one organization that’s sole mission is to protect your 2nd Amendment right.
There is only one organization that’s sole mission is to protect your 2nd Amendment right.

There is only one organization that’s sole mission is to protect your 2nd Amendment right.

June 2020 Sets All Time Record For US Gun Sales

The FBI NICS office ran 3,931,607 total background checks during the month of June, breaking the previous record by nearly two-hundred-thousand checks.

June 2020 set another all-time background check record. The FBI NICS office ran 3,931,607 total background checks last month, breaking the previous record by nearly two-hundred-thousand checks. 

The number of background checks run by the FBI has surpassed 3 million in a month four times. Three of those times have been this year. There have been 38% more checks in January through June of this year than during the same time period last year, and we have already hit 67% of the total number of checks run last year.

Last year, you may recall, was the busiest year for the NICS office, for now. To break that record for checks in a year, the FBI would need to conduct about nine million more checks in the second half of 2020.

Or, about three-quarters of a million fewer checks than were run from April through June.

We have been regularly covering the monthly records set by NICS every month this year. Let’s compare June to March 2020, which was the previous record month for the highest number of background checks. March had the all-time busiest week for the NICS office and two additional top 10 highest weeks. This was driven, in part, by five individual days in March that are among the top 10 busiest days.  

June 2020, the new record holder, is different. No individual day in June cracked the top 10 for highest number of background checks for a single day. Every single week in June is a top-six highest week.

This indicates a sustained level of demand for permits and firearms – this was no overnight reaction to an event or last-minute purchases before Christmas.

It was millions of Americans making the choice to keep and bear arms. The gun-owning community is growing, with millions of first-time buyers.

And just what arms are these millions of Americans choosing? Last month saw the second-most background checks related to a handgun purchase all-time (including a small number in U.S. territories) – 1,371,811 to be precise.

The annual record for handgun sales-related checks is just over 8 million. So far this year, the FBI NICS office has run just over 6 million such checks.

There were 611,997 checks for permits last month. A historical comparison is not possible due to the way some states conducted and reported permit checks in the past, but an eyeball test indicates that June is right up there among the monthly leaders. Oh, and don’t forget – there are 24 states in which a valid permit is accepted in lieu of a NICS check. Firearms sales to permit holders in such states are not included in the NICS tally.

The numbers don’t lie. This isn’t a small group of “super gun owners” buying nearly fifty thousand handguns a day. These are your loved ones, your friends, your neighbors who have decided – for one reason or another – that they must be able to rely on themselves.

The National Rifle Association of America is the organization that these gun owners can rely on to protect their rights, as we have for almost 150 years. 

We will not waver.

Judging by the NICS reports for 2020, neither will law-abiding Americans.