“No amendment to the Constitution is absolute,” Biden says while announcing new gun control measures

“No amendment to the Constitution is absolute,” Biden says while announcing new gun control measures
AP Photo/Andrew Harnik
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President Joe Biden intends to make good on his threats to further restrict and regulate the sale of firearms in an open attack on the Second Amendment, starting with a proposal to ban homemade weapons or so-called “ghost guns.” He also intends to develop a federal model for state “red flag” laws, which allow petitions for the temporary removal of an individual's firearms, and ban the sale of certain types of weapons attachments. 

His proposals have been condemned by the National Rifle Association and other pro-Second Amendment groups as infringements on the right to bear arms as guaranteed by the Constitution. 

“Today we’re taking steps to confront not just the gun crisis, but what is actually a public health crisis,” Biden said on Thursday. “Nothing, nothing I’m about to recommend in any way impinges on the Second Amendment. Their phony argument suggesting that these are Second Amendment rights at stake for what we’re talking about, but no amendment to the Constitution is absolute. You can’t yell fire in a crowded movie theater and call it freedom of speech.”

“The idea is just bizarre to suggest that some of the things we’re recommending are contrary to the Constitution,” he said. 

At his announcement, Biden said that the Justice Department will issue a rule to “help stop the proliferation of ghost guns” which is another term for 3D-printed weapons. It is unknown how Biden intends to enforce any legislation that would prevent the uploading or even development of 3D schematics that could be used in the production of a homemade firearm. 

Given the complexity of such devices, it could become a political boondoggle for the Biden administration to attempt to ban parts used to make firearms, such as screws and joints, that are used in other 3D-printed equipment. 

The Department of Justice also plans to create federal “red flag” legislation, to serve as a model for states intending to control the sale of firearms. 

“The President urges Congress to pass an appropriate national ‘red flag’ law, as well as legislation incentivizing states to pass ‘red flag’ laws of their own. In the interim, the Justice Department’s published model legislation will make it easier for states that want to adopt red-flag laws to do,” the White House said in a statement

In addition to efforts to ban guns, the Biden administration is leaning towards proposals made by Black Lives Matter and similar social justice organizations to divest power from the police and place them in so-called “evidence-based community violence interventions.” The White House claims that these are “proven strategies for reducing gun violence in urban communities,” which have seen a sharp increase in serious crimes including homicides in the last year.

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