Explore The NRA Universe Of Websites

APPEARS IN News

American Bar Association Expands Promotion of Gun Control

Monday, February 24, 2020

American Bar Association Expands Promotion of Gun Control

The American Bar Association (ABA) has long supported restrictions on the rights of gun owners. While it has defended the due process rights of some very unpopular groups, including, enemy combatantsterror suspects, and convicts on death row, in 2017 the ABA decided that gun owners should not be afforded similar due process protections.

This year, the ABA decided it should increase its assault on the Second Amendment, and perhaps other constitutional protections.

Under the guise of “gun safety regulations,” the ABA adopted three resolutions that should call into question the group’s claim that it seeks to “[e]liminate bias in…the justice system.” It seems that “bias” against gun owners is OK.

The first resolution takes on the most recent anti-gun bogeyman; “ghost guns.”

This term was invented by anti-gun California State Senator Kevin de Leon (D), originally to describe homemade plastic firearms manufactured with the use of a 3-D printer. Following efforts by gun control activists and the mainstream media to provoke the public, “ghost guns” has become an umbrella term for all unserialized firearms. Gun control proponents have shown particular interest in regulating unserialized homemade firearms made through the use of a 3-D printer and those constructed from an unfinished frame or receiver.

Apparently, the ABA has abandoned the plastic firearms aspect, as its release does not mention them, and appears focused on “any unfinished firearm frame or receiver.”

Under 18 U.S.C. 921(a)(3) the definition of a firearm includes “(A) 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; [or] (B) the frame or receiver of any such weapon…”

As is made clear by federal law, the frame or receiver of a firearm is the only part that is legally considered a “firearm.”

Gun control advocates contend that this system permits those who would otherwise be prohibited from possessing firearms to make their own firearms, circumventing the background check provisions of the Brady Handgun Violence Protection Act. Anti-gun activists also contend that unserialized firearms inhibit law enforcement’s ability to trace firearms back to their initial point of sale through the ATF’s National Tracing Center.

But any attempt to require serialization in this context would have no impact on criminals. In Haynes v. U.S., the United States Supreme Court ruled that a convicted felon could not be convicted for his failure to comply with the registration provisions of the National Firearms Act, as doing so would implicate his Fifth Amendment right against self-incrimination. Any requirement that a gun owner alert the federal government to the manufacture of a firearm, such as supplying proof of serialization, could not be enforced against those prohibited from possessing firearms.

In reality, as with most anti-gun proposals, the ABA is really targeting law-biding gun owners. Making and customizing your own firearms is an American tradition, which is why the provisions of the Gun Control Act do not prohibit individuals from making firearms for non-commercial purposes.

If the federal government were tasked with determining what constitutes “manufacturing” in the non-commercial context, it could implicate the ordinary behavior of millions of gun owners. In the commercial context, ATF has already set a low bar for “manufacturing” that has forced some gun dealers to refrain from assisting customers with simple gunsmithing tasks.

For instance, ATF has concluded that a gun dealer who adds some aftermarket accessories or finishes to firearms in inventory before resale is manufacturing firearms and must be licensed as a manufacturer.

Anti-gun Pennsylvania Attorney General Josh Shapiro (D) has taken this issue to heart, and recently issued a tortured opinion that would appear to support the ABA’s resolution.

The other egregious positions the ABA has taken are requiring law-abiding citizens to seek permission from the government before they can acquire a firearm, and then require those law-abiding gun owners who have received permission to obtain a firearm to store them in a government-approved fashion.

Seriously, does the ABA need a refresher course on our right to keep and bear arms?

With regard to permission to acquire a firearm, this anti-gun association “urges authorities to require people to apply for a permit from a designated law enforcement or public safety agency before they are given a permit to purchase a firearm.” The ABA’s resolution is unclear as to whether one would be required to apply for such a permit every time one wants to purchase a firearm, or if the initial application approval would result in something akin to a license being issued.

The ABA does want applicants to be fingerprinted and run through a background check at the time of applying for permission to exercise a constitutionally protected right. Of course, anyone who purchases a firearm from a licensed gun dealer is already subject to what would presumably be the same background check, so this really sounds like a licensing scheme for gun owners.

Perhaps the ABA feels that a “permit” sounds less authoritarian than a “license.”

This “permit/licensing” scheme would apply to ALL firearm transfers, so what the ABA is ultimately getting at is promoting so-called “universal” background checks, which are at the top of virtually every anti-gun organization’s wish-list. And, as we were told by President Obama’s Justice Department, “universal” background checks are unenforceable without a comprehensive national registry of firearms.

Requiring a “permit/license” to exercise a constitutionally protected right should be considered anathema to an organization that purports to be committed to “defending liberty.”

As for the ABA’s storage requirement, this creates the potential for even more constitutional violations. The resolution calls for all levels of government to “define the requirements of safe storage of a firearm” and “require firearm owners to meet those requirements.”

What this proposal overlooks is the fact that gun safety and storage is a matter of personal responsibility, and every person’s situation is different. It is unreasonable for the government to impose a one-size-fits-all solution. More importantly, mandatory storage laws invade people’s homes and force them to render their firearms useless in a self-defense situation by locking them up.

Furthermore, while the ABA refers to its proposal addressing “gun safety,” fatal accidents due to unauthorized access to firearms are exceptionally rare, especially when compared to other accidental fatalities.

But the big question is, after the government dictates the requirements as to how firearms in your home are to be stored, how will it ensure you “meet those requirements”? Is the ABA suggesting periodic spot-checks? How would that comport with the Fourth Amendment’s assurance that American citizens “be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures….”?

Or is their idea for “gun safety” to prosecute someone after the fact, when an unauthorized or prohibited person gains access to a firearm that is not stored in a manner approved by the government? If a single woman, living on her own, has her home broken into, and a handgun she kept stored in her nightstand is stolen and used in a crime, is she to be held responsible if that type of storage doesn’t meet government standards? If that’s the case, then it would seem the ABA now supports crimes for being…crime victims.

These resolutions from the ABA are simply continuations of the association’s objection to lawful gun ownership. Whatever “bias” they wish to eliminate from the justice system clearly does not apply to their own bias against law-abiding gun owners.

IN THIS ARTICLE
gun control
TRENDING NOW
Gun Grabbers Demand Unprecedented “Executive Actions”

News  

Monday, November 23, 2020

Gun Grabbers Demand Unprecedented “Executive Actions”

Biden was supposedly the point man for the gun control push Barack Obama launched during his second term. Obama has made a point of repeatedly emphasizing how lack of “progress” on gun control was the most frustrating and anger-inducing aspect ...

Anti-gun Politicians Seek to Tax Your Second Amendment Rights Into Oblivion

News  

Tuesday, September 8, 2020

Anti-gun Politicians Seek to Tax Your Second Amendment Rights Into Oblivion

In 1819, Chief Justice John Marshall of the U.S. Supreme Court famously wrote:  “the power to tax involves the power to destroy ….”

Delaware: Court Strikes Down Ban on Hunting with Semi-Autos

Friday, November 20, 2020

Delaware: Court Strikes Down Ban on Hunting with Semi-Autos

Today, the Delaware Superior Court issued its decision in the NRA-backed DSSA v. Garvin case, striking down the Delaware Department of Natural Resources and Environmental Control (DNREC) regulations that banned hunting deer with semi-automatic rifles.

BATFE Leadership Push Biden to Target Pistol Stabilizing Braces and Unfinished Receivers

News  

Monday, November 16, 2020

BATFE Leadership Push Biden to Target Pistol Stabilizing Braces and Unfinished Receivers

Just in case anyone needed further proof that much of the federal bureaucracy is more interested in serving themselves and left-wing political interests than public service, news broke this week that rogue elements of Bureau ...

A Government of Laws, Not of Men

News  

Monday, November 23, 2020

A Government of Laws, Not of Men

Justice Samuel Alito of the United States Supreme Court released a keynote address for a Federalist Society event. Speaking on “The Declination of Individual Liberty,” he discussed the alarming erosion of our fundamental constitutional rights – notably, ...

Guide To The Interstate Transportation Of Firearms

Gun Laws  

Thursday, January 1, 2015

Guide To The Interstate Transportation Of Firearms

CAUTION: Federal and state firearms laws are subject to frequent change. This summary is not to be considered as legal advice or a restatement of law.

Gallup: Support for Gun Control has Dropped and It’s Not a Priority for Americans

News  

Monday, November 23, 2020

Gallup: Support for Gun Control has Dropped and It’s Not a Priority for Americans

After a year of COVID uncertainty, civil unrest, and record gun sales, support for further firearms restrictions has reached its lowest point since 2016. Moreover, the data shows that exceedingly few Americans consider additional gun controls the ...

Joe Biden and Kamala Harris Want to Destroy the Second Amendment

News  

Monday, November 2, 2020

Joe Biden and Kamala Harris Want to Destroy the Second Amendment

While discussion of the Second Amendment and gun control have been noticeably absent from the presidential debates and mainstream media coverage, gun rights are without a doubt on the ballot tomorrow.

ATF Continues Rogue Assault on Common Pistols, Rule of Law

News  

Monday, November 2, 2020

ATF Continues Rogue Assault on Common Pistols, Rule of Law

Rogue elements of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) are continuing their assault on certain types of commonly-owned semi-automatic pistols. According to the law firm Wiley, ATF has developed a new interpretation of ...

Record Amount of Gun Control Legislation Introduced on First Day of Bill Pre-Filing for 2021 Texas Legislative Session

Tuesday, November 10, 2020

Record Amount of Gun Control Legislation Introduced on First Day of Bill Pre-Filing for 2021 Texas Legislative Session

Although the 2021 session of the Texas Legislature convenes on January 12, gun control advocates financed by New York billionaire Michael Bloomberg and Beto "Hell Yeah, I'll Take Your Guns" O'Rourke wasted no time in announcing their ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.