Biden DOJ Rolls Out New Gun Control Measures

The Department of Justice under the current Biden administration, has introduced a new pair of gun control “rules” with the goal being to bring regulations into compliance with the Bipartisan Safer Communities Act (BSCA). 

The BSCA, mostly passed by Democrats, saw 15 “Republicans” led by John Cornyn (R-TX) abandoning their constituent base and values to back the proposal by their colleagues across the aisle who never fail to stand atop the graves of anyone to further their gun control agenda. For RINOs (Republican In Name Only), it was an emotional and reactionary response to the Uvalde, Texas, tragedy where 19 children and two adults were killed by a gunman at Robb Elementary School. 

If my disposition comes off as insensitive on the matter, I assure you it is the exact opposite. You see, none of the provisions of the BSCA would have prevented the shooting. However, taxpayer dollars went into the proposal, and Biden signed it into law, marking the first major gun control package since the expired Clinton era “assault weapons ban.” The effort and resources would have been better spent on an honest analysis of measures that could be taken to actually prevent such a tragedy in the future, such as armed and well-trained teachers, including dedicated school security personnel. Unfortunately, these are the pipe dreams of someone who actually wants to prevent a tragedy from occurring rather than exploit it. 

Regarding the Notice of Proposed Rulemaking (NPRM), a DOJ press release on December 4 reads:

“Following the language of the BSCA, the Firearm Handlers Rule proposes that federal firearm licensees (FFLs), such as gun stores, be allowed to use the National Instant Criminal Background Check System (NICS) to voluntarily conduct employment background checks for certain employees. Current NICS regulations prohibit FFLs from initiating background checks for any purpose other than the transfer of firearms. Under the Firearm Handlers NPRM, FFLs will be permitted to request NICS background checks for current or prospective employees who may handle firearms, ammunition, or related materials. The Firearm Handlers Rule NPRM details the scope of employees eligible for background checks, as well as new NICS statuses proposed for such checks.”

“The second NPRM, known as the Under-21 Rule, would codify enhanced NICS background check procedures for prospective firearm purchasers under 21 years of age, among other changes. Under the BSCA, NICS is required to conduct enhanced background checks for such under-21 purchasers, by contacting certain state and local entities to determine if a juvenile record, such as a criminal conviction or mental health record, may disqualify the purchaser from possessing a firearm. The FBI began performing these enhanced checks in late 2022 and has denied nearly 1,000 transactions solely because of enhanced outreach.”

The second proposed rule, AG Order No. 6100-2024, would require enhanced background checks on adults under 21 who wish to purchase a firearm, allowing the FBI to contact local and state organizations to inquire about juvenile criminal and mental health records. Note these agencies, however, are not required to respond to such communications, some of which are explicitly prohibited due to state law. 

There is absolutely zero connection between these rules and preventing a Uvalde-style attack in the future. The assumption that 6100-2024 could have prevented the shooting due to the age of the gunman being 18 is extremely short-sighted. Criminals have a long history of obtaining firearms, explosives, vehicles and other instruments used to maim and kill by illegal means. They are criminals, after all. This measure is the equivalent of installing a 1-inch speedbump to prevent a 4×4 from driving down your street. 

Moreover, both of these proposed “rules” seek to change laws, making them unconstitutional as this is a function of Congress. This test has caused multiple ATF “rules” to fail as courts have decided that the agency exceeded its authority under the Administrative Procedures Act (APA), also striking down Chevron deference, which formerly provided the regulatory agency final say on interpreting the meaning of a law. In other words, they overstepped their bounds. 

The DOJ, however, believes they can avoid potential legal challenges by citing BSCA compliance, and as such, the proposed “rules will be posted to the Federal Registry for public comment. Due to the length of the comment period, however, any final rule stemming from the procedure will fall under the incoming Trump administration. I hope I speak for myself as well as all Second Amendment advocates by saying that if President Trump keeps to his promises, these “rules,” as well as other infringements on Americans’ right to bear arms, might become a moot point in the coming months.