The Second Amendment in the 116th Congress

Opinion

The Second Amendment in the 116th Congress
The Second Amendment in the 116th Congress

Washington, DC – -(AmmoLand.com)- Every two years, we get a new Congress. That means the political terrain is changing with regards to our Second Amendment rights – at the federal level. So, as the 116th Congress is seated, it’s time to take a sober look at what the new Congress means for our rights.

The House of Representatives will be controlled by the Democrats, while the Senate will see an increased margin for the Republicans. This means that the 116th Congress will be a mixed bag for Second Amendment supporters. There will be good news and bad news for both the long-term and short-term outlooks over the next two years. Let’s take a closer look at each of the chambers.

House of Representatives

The Democrats controlling the House of Representatives show a universal lack of respect for our Second Amendment rights. The top leaders have all been avowed opponents of our rights. Jerrold Nadler, who will chair the House Judiciary Committee, is as anti-Second Amendment as Charles Schumer, only he isn’t quite as addicted to being in front of TV cameras.

We can write off any pro-Second Amendment legislation from passing here barring one of two factors: It is either included in must-pass legislation, or it is part of a deal for something else on the agenda of Pelosi and company. For the short term, we will not see any pro-Second Amendment legislation pass, and anti-Second Amendment legislation will be promoted.

That short-term hit will be tough, but it will also expose what those who want to take away our rights see as the most important. That knowledge can help us come up with strategies and tactics to blunt their efforts – or defeat them outright.

It will be a tough two years, but if Second Amendment supporters do their jobs, it will only be for two years. Many of the House races were close, and better effort (and good candidates) could very well flip these seats from reliable votes to take away our rights, to reliable votes to defend our rights.

United States Senate

The biggest gain for Second Amendment supporters is the fact that the GOP picked up a net of two Senate seats. Now, while it is disappointing that Jon Tester and Sherrod Brown won re-election, and Martha McSally’s arrival is as an appointed replacement for Jon Kyl as opposed to defeating Kyrsten Sinema, this still means that the judicial confirmation machine is going to run smoothly.

This is the long-term gain that Second Amendment supporters will get in this Congress. The judges that get confirmed will be extremely likely to uphold our Second Amendment rights. This will provide a future bulwark should an anti-Second Amendment president take office. For instance, the Seventh Circuit may be where we can force the Supreme Court to finally hear cases on semi-auto bans.

Also, while the Democrat-controlled House will be pushing anti-Second Amendment legislation, all 53 Republican Senators have either good track records, or have expressed support for our Second Amendment rights. Gun-control bills will, barring very drastic unforeseen events, be DOA in the Senate over the short term.

Preserving this majority in the 2020 elections will be almost as important in preserving our Second Amendment rights as ensuring President Trump’s re-election. As long as Trump (or any other pro-Second Amendment president) and a pro-Second Amendment Senate are nominating judges, the Second Amendment’s long-term future will be assured.

The 116th Congress will have its share of challenges, but there will also be great opportunities for Second Amendment supporters. It will just be a matter of seizing them.


Harold Hu, chison

About Harold Hutchison

Writer Harold Hutchison has more than a dozen years of experience covering military affairs, international events, U.S. politics and Second Amendment issues. Harold was consulting senior editor at Soldier of Fortune magazine and is the author of the novel Strike Group Reagan. He has also written for the Daily Caller, National Review, Patriot Post, Strategypage.com, and other national websites.

  • 46 thoughts on “The Second Amendment in the 116th Congress

    1. The problems with our government can be summarized down to one basic sentence:
      Politics as usual.
      The main issue behind everything, is that everybody in the system has become polarized to their political party’s position, rather than trying to openly look at both sides, then come to a conclusion that is best for the country, instead of what’s best for their political party.
      Both parties ate equally guilty of this, too, yet each party’s followers point the fingers solely at the other party.
      That’s why I became an Independent, and disavowed both parties.
      I believe firmly in the 2nd Ammendment, no matter what any party currently wants. There was a time in which most Democrats were 2nd Ammendment supporters, and now, it’s most Republicans. Nobody can honestly say what it will be 50 years from now, but I can promise that I will still be pro-2nd Ammendment, no matter what. I stand behind my beliefs, and don’t let anybody manipulate my thinking. We all should.
      United we stand, divided we fall.

    2. I believe they all are full of crock! They’re not for the 2nd amendment. If they were they wouldn’t be trying to pass the red flag law. This law will allow anyone to report you if they see that you are buying to much ammo or if you have neighbors that are anti gun and don’t like the idea that you have certain rifles. Without any proof that you are a threat or danger to anyone. They can report you and the law enforcement officer will come and take away your guns with no due process.

    3. If the Republican Senate was really on our side, the side of the Bill of Rights including the Second Amendment, they would have passed HR 38, National Reciprocity for July 4, 2018. Instead it died two days ago with the 115th Congress.
      There are bright spots. The judges are being appointed are constitutionalists. But there are still many judges who will happily take your guns, and let all the illegals invade.
      A big part of the problem though come back to gun-owners against “any new law” because they are afraid any new law will be used as a path to gun registration and confiscation.
      In most cases you must have a new law to undo a bad old law.
      Nancy and chuckie don’t need any excuse to write a bad law.
      The communists and insane can kill a dozen people in a gun free zone on their schedule and use that to raise a media storm.
      We are between a rock and a hard place. WE get promised by politicians that they will support the Second Amendment and then they chicken out.
      Some people cite States’ Rights as a reason to oppose National Reciprocity. That is just stupid. National Reciprocity IS NOT a federal carry license, it isn’t gun owner registration and licensing. It is enforcement of the Constitution and Bill of Rights to force states to recognize and honor the legal licensing by each state.
      NY, NJ, California and Hawaii abridge and deny gun owners their rights, whether they are residents or non-residents. Illinois has a Non-resident CC license but they only accept applications from residents of four states. Since having a CC license is part of the non-resident requirements and Hawaii hasn’t issued a license in years it is a double whammy.
      In some cases the Democrats and media [same thing?] began eliminating candidates years ago.
      The State of Kansas was in deep recession during BHO’s administration because so much of Kansas’ economy is based on aviation [ Air Capitol of the World ]. Governor Sam Brownback cut taxes to stimulate the economy. By telling a few lies and omitting even asking how bad things would have been without the tax cuts the media said “Brownback’s tax cuts” with every story about school budgets, road construction and lost jobs. Then in the 2018 election, Kris Kobach, perhaps the best candidate in the nation, was called “Sam Brownback” and Kansas Republicans endorsed the Democrat for Governor. So now if something happens to Senator Roberts health, a Democrat will appoint a Democrat, anti-gun replacement Senator.
      WE are fighting among ourselves. Billionaire bloomberg can and has spent more money than all the “gun lobby” has available. Gun owners bitch about getting too many calls and letters for donations from te NRA or SAF. There are groups that CLAIM to be pro-gun but are bloomberg financed and support “reasonable gun-safety” meaning they support only the Olympics and maybe trap shooting. Self-defense is called murder.
      And on the dark side, if some third world dictator manages to kill the POTUS and VPOTUS, Nancy will be our President.
      Happy New Year. May the Force be with you!

      1. Absolutely!! If Nancy and Chuckie wanted Gun Control, why wasn’t anyone out marching in protest after that ILLEGAL, shot and killed a police officer who was a LEGAL immigrant.

        1. nancy and chuckie have more immediate wants. But “common sense gun safety” laws are high on their bucket list.
          To them Gun Safety means :
          Possession of more than 1 box, 100 rounds, of ammunition that fits a gun they own 1,000 rounds of shotgun, rifle, and handgun ammunition in all calibers will be a maximum allowed w/o special licensing for use at a government approved and authorized range or gun club.
          Firing pins must be removed from all guns while they are not in use.
          Trigger pulls light enough that a child under 12 years of age can pull will require special enhanced training and storage requirements.
          Telescopic sights must be computer enhanced to “go into standby” if a human form appears in the scope.
          Police and military will be exempt from civilian gun control laws.
          Movies and television will not be allowed to show historical of pre 2019 legal use of firearms. Only murders, school killings and suicides will be allowed on film or video.

          All metal working machines that can be adapted to making firearms will be illegal for private ownership. Metal lathes, valve and brake turning machines, drill presses, metal files, drills, must be licensed and inspected to certify that no arms are manufactured.
          Books that show historical arms, the Minutemen, the Battles at Concord and Lexington or other inappropriate use of arms shall be illegal. Books that have chemistry or physics as a subject, including mathematics or properties of materials shall be banned.

          Effective gun control should be easy to do, just trash the entire U.S. Constitution.

          1. You were right on the money until you were talking about historical revisionism, it isn’t that bad YET.(notice I said YET)

            1. @Mark Zanghetti

              But that already happens. Notice, the Republican party gets the blame for Jim Crow, the KKK, and Nazi views(National Socialists)

              So, is historical Revisionism not going on as your comment would lead to believe, or is it just that the Government is not yet as bad as China where they can force you to repeat what they want and kill you if you don’t?

      2. Quote: “It is enforcement of the Constitution and Bill of Rights to force states to recognize and honor the legal licensing by each state.” Nope because per 2nd Amendment there is no “legal licensing” – refer to ‘SHALL NOT BE INFRINGED.”

        1. Thirty-nine states honor the carry license of other states. The other states and District of Columbia deny that the Second Amendment even exists. A Federal law is needed to “break the ice”and force NY, CA, NYC, Hawaii, etc to admit that the Second Amendment is real and exists.
          If you insist that no federal law, such as National Reciprocity is needed, then your depending on the Second Amendment will never matter in NYC, NY State, Maryland, NJ, Hawaii since it does take laws to enforce constitutional provisions and rights.
          Your demand for “absolutism “: is exactly what bloomberg and schumer want.
          Obviously you have not read HR 38.
          None of the Constitutional Carry States sprang out with “the Constitutional Carry ” law. Rather they all went through a step; concealed carry was illegal, a license was required and finally Constitutional Carry was passed.
          Without a federal law that moves states that are now violating the rights to carry and thus the right to self-defense, residents and visitors or just travelers passing through New York or Massachusetts or New Jersey airports to change airplanes, citizens will continue to be arrested on felony charges and lose their legal possession of arms.. One hundred years ago most Americans never traveled more than 50-100 miles from their home. Most roads were mud holes , only trains were reliable long distance transport.
          Today is the opposite. Most Americans travel every year to and through other states.

    4. As the Marxist’s are in control of the House of Representatives,Freedom,Liberty let alone Second Amendment rights,appear to not fare well in the 116 th congress .

    5. May I remind Mr. Hutchison that it was the repub senate, led by mitchell and grassley, that let the House passed bill for National Reciprocity die refusing to bring it to the floor for optics. That SCOTUS has had numerous opportunities to hear key 2A cases and the required votes to take one hasn’t been achieved. POTUS for all his brash statements hasn’t provided any positive actions. The assault on our 2A rights will be especially intense for the next 2 years from all sides. I don’t advocate or support those calling to “ammo up”. If the 100 million gun owners refuse to get unified and push back hard against “our” organizations and representatives we will only have ourselves to blame for the further erosion and losses. We have and are allowing the east and west coasts rule the rest of us- Why?

    6. I think this writer is hoping for the best but I don’t think that is going to happen. Look at the makeup of the majority in the house, they are all Trump haters, muzzie women with big mouths or outright crooks. I can see nothing positive coming from them. Then you have sneaky Chucky being the bad a$$ in the senate along with a bunch of RINOs. Tell me again how we are going to come out of this on the good side.

      1. Agreed. If we are to save our country, two things need to happen, and they need to happen this year. Neither has anything to do with gun control. First, close the border. California’s last bastion of conservatism, Orange County, was flipped blue almost overnight, by massive immigration and vote harvesting schemes. The same thing is what flipped the House at the Federal level (https://www.americanthinker.com/blog/2019/01/dreamers_tell_of_ballotharvesting_in_california_to_flip_the_house_blue.html). In a nutshell, foreigners who shouldn’t even be here are outvoting us by proxy. We are very near the tipping point, at which this trend will become irreversible, and Americans will become second class peons in our own country. By 2020, it will be too late.

        Second, audit and dismantle the Federal Reserve. The privately owned central bank is a parasite in the U.S. economy, and the reason for the boom and bust cycles that have gradually transferred our wealth to its owners. The stock market implosion is not an accident. The Fed propped it up with almost zero interest rates and injections of currency from their bottomless printing press all through the Obama years. It’s imploding now because they’ve prematurely raised rates and cut the flow of monopoly money in an attempt to collapse the slow recovery that has resulted from Trump’s policies. Get rid of the Fed, and we take away the deep state’s control over our wealth and prosperity.

        I just can’t see the collection of yahoos and losers making up the 116th Congress managing any of that, can you? Got ammo?

        1. Another fact, the birth rate for illegals in the country is far greater than that of second and third generation American citizens.
          Domestic violence is considered “ordinary and proper” family discipline.
          To be fair, legal immigrants come here to “become Americans” and adopt our culture.
          The illegals come here just for the money and insist on society changing to match them.
          I’d like to see a computerized voting machine that required a “USA Civics and history test, in English” before a person could vote.
          There are too many stupid US Citizens voting.
          It would have to be multiple choice and true/false with no subjective questions or answers. No trick questions. Questions on the Constitution, History from 1760- 1805, 1805 to 1873, 1873 to 1932, 1933 to present. Currency, budget, Congress and the Courts.
          I wonder how many members of Congress could pass the test?

        2. Dismantle the Federal Reserve? What kind of dope you smoking? Like THAT is going to happen. Grow up.

    7. @Harold Hutchison

      This was an attempt at a thought out article from you. Color me surprised..

      But…….. You still don’t quite have your thinking cap on. You are still putting your faith into institutions that are broken and corrupt instead of the system that needs your direct support. The system is the Constitution. The institutions are the office holders of the branches of Government, political parties, and lobbying groups.

      You brought up Judicial Nominations, but the Second Amendment much less the rest of the Constitution is far from safe. Setting aside Donald Trumps record on Violating the Second Amendment for now, what have we gotten that has been assured? So far, a single supreme court Justice. Neil Gorsuch. That’s it. Kavanaugh was not on the Original list, he was an add in later in the game. There are serious doubts to his integrity on constitutional matters and his first decisions have already gone leaning left. It is my best educated belief that he will be another Roberts or Kennedy. He will not stand firm on the Constitution like Gorsuch will. AC Barrett would have ben a much more stable choice.

      You have got to start looking past your own desires and opinions. Justices on any level of court are just human beings. Don’t put your faith in the court system, because when you give them that power to them in granting protection, you also give them the power to take it away. Put your faith in the constitution. That’s why I have been pressing against you so hard on your articles. Right now you are not making the choice because you want the easy path that lets you sit in the back, and because of that the choice is making you. There will come a day if we lose this battle that you will find yourself lying to your own ears, trying to convince yourself that it wasn’t your fault. I hope we win, but if we don’t you cannot say that you didn’t know, that nobody warned you.

    8. When you look at some of the individuals elected in BOTH parties, you have to wonder if there is not a serious flaw in the electoral system that permits idiots and criminals to be elected to and hold office with no accountability. Assuming that the elections are above board, honest and fair (a big leap of faith), you have to wonder if perhaps if there should be some kind of qualification test in order to vote since citizenship and even having a pulse isn’t required any more in most states. Obviously, when morons (persons of low mental ability incapable of reasonable and rational thought) are allowed to vote, they elect other morons to office or are taken advantage of by ruthless politicians, which isn’t unlike someone beating up retarded person. Those elected swear an oath to support and defend the Constitution, but don’t. Instead, they are constantly looking for ways around it, or ignore it completely. Some level of accountability needs to be forced on the Congress and the Senate for their actions, both personal and legislatively, along with term limits, but since that would require that they themselves vote for it, it’s never going to happen. The system is broken obviously, and I don’t know what it would take to fix it, but when you have something broken, if you can’t fix it, the only solution is to replace it with something that does work.

      1. @Joseph P Martin

        There is a serious flaw in our electoral system. It’s called apathy and the stupidity of the American Voter. This is not just limited to the mentally handicapped, but the mentally able who should know better but are either too lazy or awash in their own lies that they keep checking a yes box. The definition of insanity is doing the same thing and expecting different results.

        However, because we have the constitution, we cannot force people to act against their stupidity. What we can do is lay out a case for their stupidity in front of them and as many people as possible and let them make a choice between the Constitution and their opinions. If they choose their opinions, then there is no problem with letting them demonstrate for as many people as possible just how idiotic they can act so that no one will want to associate with them.

      2. @JPM; The solution to the current problem with congress and OUR government is called; “The Convention of States”. This is what our founding fathers gave We the People a way to correct a problem which congress REFUSES to fix by themselves.

        1. If our current Constitution is being ignored, subverted and the laws are only being enforced when convenient: what makes you think a Convention of the States won’t do either or both:
          1. Be the Communist Manifesto
          2. Be enforced and followed any better than the current office holders are doing.

          Since 1920 the public, government run school system has had as a goal, turning out good subjects that don’t understand the Constitution and the laws made under its authority.

          A Convention of the States cannot be restricted or limited. Should a sufficient number of States and their voters seek a convention for the purpose of balancing the budget and paying off the national debt within 50 years there is nothing to stop NY and CA from repealing the current Second Amendment and substituting a new “right.”
          The right of the individual citizen who has passed a background check and has no felony arrests or convictions, who has no outstanding traffic tickets and has a clean record of never having used the N word, Q word, any F word, including freedom, shall be allowed to own, possess, keep and bear arms for hunting approved game as long as the right to life of four legged animals that are not endangered, or have names such as Thumper or Bambi. Using a gun for self-defense shall be limited to after you are stabbed, clubbed or illegally shot. You can defend immediate family members as long as females are not dressed provocatively.

          Obviously this is not likely, but it will be easier to fix what we have rather than re-writing the whole U S Constitution, which would require all 50 states re-write their constitutions and most of their laws.

          Lots of people on AMMOLAND objected to HR 38 “because of States rights or it would be turned into a pathway to registration and confiscation.”
          Obviously lots of people were agaainst it without ever having read the bill.

          1. The Convention of States cannot be used to “rewrite” the Constitution. All State Representatives MUST agree on the listed and stated “topics” that will be reviewed, investigated for change or voted on for change. Then all the States’ Representative MUST agree on these changes. This in itself LIMITS the COS and PREVENTS a “run away” convention.

            As for the “educational system” in America, I agree that the system is FAILING at teaching the next generation what it means to be an American. The system is FAILING Americans for not teaching “HOW to think for Ones’ own self” instead of “WHAT to think and to follow all directions from their “superiors”. Individualism in America is becoming EXTINCT among the younger generation! I have this discussion with my own children.

            1. I have no doubts in my mind that if I were in High school today I’d probably be thrown out for arguing about the constitution and History with my teachers, and I would have for sure walked out with all the social programming crap they have going on. What they had back when I was in school was bad enough, but whats going on today is insane.

    9. No one brings up the point, that PLANNED PARENTHOOD kill almost 500,000 babies . Guns kill NO ONE People kill people PLANNED PARENTHOOD Must GO. Leave my guns ALONE/.

    10. And then when you throw in the proposed “Red Flag” Laws, thanks to Marco Rubio (R-FL), there are some serious questions to ask about Our Constitution’s survival.
      A “Red Flag” law allows a person to call the police anonymously and tell them that you are a danger to yourself or society. The police can come, collect your firearms and it’s up to you to prove you are innocent and want your guns back.
      AND, if anyone believes that the ATF doesn’t keep records about the Form 4473 that you filled out when you purchased a firearm?

      1. ^^ This.

        National ERPOs.
        Rat on a gun lover, get confiscation. Due Process is dead and so will be some attempting to enforce this. Blue line, are you going to SWAT your way into someone’s home?

        POTUS (https://www.whitehouse.gov/briefings-statements/president-donald-j-trump-taking-immediate-actions-secure-schools/ https://thehill.com/homenews/administration/376097-trump-take-the-guns-first-go-through-due-process-second) and NRA (https://www.youtube.com/watch?v=7sNiklO506A)are on board with confiscation minus due process. That’s the state of play.

      2. @Martin; Yep! The “red flag law” has already caused the death of a man in Maryland.
        According to the report I heard/read, the police had their hand on their weapon when the door was opened.
        The “red flag law” is nothing but a CONFISCATION order and the health of the VICTIM is not in consideration.

        1. Then why don’t YOU become a police officer and show us all how it SHOULD be done? Put up or shut up.

        2. @Clark Kent

          You have a very unsettling habit of saying some of the dumbest things at the least appropriate times.

          How did you get so good at it?

    11. We need laws mandating IDs to register to vote, and to cast ballots. These elections have been very close, and you know that those millions of illegals are voting democrat in every election.

      We need to require a birth certificate or passport to register. When you show up to vote, you should have to show a picture ID to confirm your identity.

      This needs to happen immediately.

      1. In Michigan I must show an ID to vote, Has been for years. I am not saying that there are those that have figured out a way to cheat the system just we have to show ID’s

        1. Maryland, Two elections ago – you had to show an ID. The last election you did not have to show an ID. Also, I voted early. The controllers had to give me one of a few different ballots. WHY? They said, ” You voted Democrat”. WEIRD !!!!!!!!!!!!!!!!!!!!!!!!!

        2. @The Green Watch Dog

          Ahh. The fountain of bottomless stupidity.

          1. This aint Dodge City, and you aint Bill Hickock
          This is the US boy, not the UK. You better get used to it.

          2. We have this little item called the Constitution
          This little document has a section in it which states that the Government has no power, authority, or cause to make us beg for permission before we exercise our rights. And the only thing above that is the Founding Document, The Declaration of independence which states that these rights exist independent from government and the Constitution.

          I see you didn’t get your diaper changed yet. Why you hiding boy? One little ol’ question you couldn’t answer chase you away?

      2. Unfortunately, one can obtain a fake ID very easily and present it when voting. You think those who volunteer to work the voting booths can, or will, spot a fake identification? Unless some technology is developed to accurately identify a person, and allow them only a single vote, fraud will continue to occur, albeit at a lower rate (hopefully). We need to have better, pro 2A campaigns during the election cycles, and get more people out to vote. Being complacent is why these crazy anti-gunners are getting into office. They campaign hard, spew lies that their constituents believe, then get elected. And we all scratch our heads and cry about it until the next election cycle. If they take away our God given rights by ratifying the constitution, there won’t be a next time.

      3. Good idea Bosco,
        In the UK one must submit a copy of their passport photo to register a shotgun or rifle.
        We all want stricter laws on immigration, correct? May pass this on to our elected officials.
        With a convincing lobbyist, I am sure they would listen.

    12. Mitch McConnel and Lindsey Graham might have expressed “support” for 2A at some point to get votes, but that is about as good as it will get with those two. I feel sure there are quite a few more Senate RINO’s who will fall into that category.

      1. Exactly. The author is sadly very much out of touch with just how many RINO’s are among those 53.
        ANYONE who thinks this country can be saved at the ballot box at this point has had a few too many bad ice cubes in their drink.

        1. I agree, although sadly. Civil war is coming… inevitably. Now, it is merely a matter of timing. I fear for my grandchildren’s futures.

        2. Ansel, he seems out of touch with a lot of 2A issues. Supposedly he has written for SOF and similar but by his writings and his photo, I could easily imagine him being best buds with David Hogg.

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