In The Big Picture, Cornyn-Murphy Is A Nothingburger

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United States – -(AmmoLand.com)- When Joe Biden signed the Cornyn-Murphy bill into law, Second Amendment supporters were upset. Given the rank incompetence of the response to the school shooting in Uvalde, they rightly believe that law-abiding gun owners were being scapegoated for a horrific action – whether criminal or driven by insanity – that they did not commit.

That said, the bill was, for the most part, a nothingburger. The federal government will give grants to states that pass so-called “red flag” laws. There is the “closure” of the so-called “boyfriend loophole,” and young adults who purchase firearms will face more scrutiny in background checks.

Senators Burr, Toomey, Blunt, and Portman are retiring and Second Amendment supporters can replace them with more solid supporters of our rights. Lisa Murkowski can be dealt with in the upcoming primary in Alaska. Others can be deal with – if Second Amendment supporters start the process of finding their challengers now.

The grants don’t really change the game on “red flag” laws. States controlled by Second Amendment supporters will likely not pass them, or if they do pass, they will have at least some due-process provisions. States controlled by anti-Second Amendment extremists either already have passed them or will pass them some more.

The worst of these is the so-called “boyfriend loophole” – largely due to how vague it makes defining what can cause a person to lose their Second Amendment rights. It’s a recipe for catching a lot of people into that category, and it could even be retroactive like the Lautenberg Amendment was.

But between New York State Rifle and Pistol Association v. Bruen and Canigula v. Strom, these “red flag” laws are going to be in serious jeopardy if they do not have sufficient due process protections and provide probable cause. In fact, NYSRPA v. Bruen could eventually strike down the provisions of 18 USC 922 that make restraining orders or misdemeanor convictions for domestic violence a way to render someone a “prohibited person.” Court challenges to those provisions can and should be started in light of those two Supreme Court cases.

In other words, this bill is a nothingburger, and anti-Second Amendment extremists would love to see Second Amendment supporters tear into each other, between those who want to play commissar and those who are rightly focused on bigger threats that exists.

What are those threats? Well, there is the threat of upending our institutions to enact gun control, voiced by Mondaire Jones. There is corporate gun control, including the financial deplatforming of Second Amendment advocacy and gun manufacturers. Those are threats to be addressed and dealing with them is far more important than finger-pointing over this bill.

The worst threat may come from the actions of Kirkland and Ellis. This in an effort to deny us the ability to access the courts with competent legal counsel. These big-time law firms are now saying that Second Amendment supporters (and other conservative causes) are less deserving of legal representation than al-Qaeda. Again, the courts can deal with the provisions of Cornyn-Murphy, but only if Second Amendment supporters have competent lawyers able and willing to take the cases, and the inability to access quality legal representation is a much bigger threat to our rights over the long term than what Biden signed into law.

The Cornyn-Murphy bill was a bad one and wouldn’t have become law under normal circumstances. However, the circumstances after Uvalde were not normal. Second Amendment supporters cannot defeat anti-Second Amendment extremists at the federal, state, and local level via the ballot box if they tear each other apart over a nothingburger and ignore the real threats.


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.Harold Hutchison

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Russn8r

“red flag” laws: States controlled by 2A supporters will likely not pass them, or if they do pass, they will have at least some due-process provisions.”

What a load of quisling BS. True American due process requires swift recourse to fair trial by jury. Red flag laws in “pro-gun” states don’t even have fake due process (“adjudication”)

Last edited 1 month ago by Russn8r
Stag

How did I know this would be a Harold article just by the headline yet again? Must be how he continually downplays treachery by Republicans, in this case calling their anti-2A legislation a “nothingburger”. Incentivizing states to enact laws that blatantly violate multiple constitutionally protected rights and delaying/denying rights to people based on age are pretty damn egregious. Unfortunately, many are content to let some infringements slide as long as it doesn’t really effect them or they take solace in thinking it could have been worse. This is exactly why we will continue to have our rights violated a little… Read more »

UncleT

How can there be “Due Process” when there were never a crime in the first place. You’re going to court for someone else’s fear of guns. That’s not due process to start with. You are now guilty until proven innocent. So, you cavalier attitude that even if Red States pass ERPO’s they have Due Process is wrong, The Gun Control Act of 1968 prohibits the purchase or possession of firearms by people who have been formally & involuntarily committed to mental health or drug treatment by a court, mental health board, or other legal commission. We already have a 72… Read more »

Jim

I guess when we only infringe upon the rights of 18-20 year olds it’s a “nothingburger”, huh? Harold, you hurt your own message when you say ridiculous things like that. There are ways to say “we should play the long game” and such that won’t alienate many pro-2a people.

TexDad

Name the red flag law that has included appropriate due process.

I am an American. I have the right to confront my accusers.

Red flag laws are an end-run around due process.

nrringlee

And please remember, the clowns in the Senate, so-called republicans who stabbed us in the back are all hightly rated by NRA. Nebulous law is unconstitutional law. I will now use my extreme left university education to demonstrate: In reference to the “boy friend” loophole please consider this: if the boyfriend is a drag queen does it still apply? In a world where the Progressive New Left has created at least 147 gender identities in law how is a prosecutor to apply this statute in a prosecution when the so-called ‘boyfriend’ can show up to its arraignment in a blond… Read more »

Last edited 1 month ago by nrringlee
TexDad

commissar – Harold’s word for those who argue against compromise and capitulation

play – transparent belittlement

Harold’s wrong-headed thinking is exactly what has allowed RKBA opponents over time to move the goalposts with impunity when all along they’ve been expressly prohibited from doing so.

Go away, Harold.

Considerthis

Unbelievable ! Harold, name us one state controlled by Second Amendment supporters. Many have questioned your fix on reality. Now we know.

A 2A Fan

Idaho. (Not that I agree with much of what Harold says, but I live in Idaho and we have consistently selected and elected pro-2A politicians for decades).

Otherwise, would agree with your sentiment.

AJChwick

“and it could even be retroactive like the Lautenberg Amendment was”

Side Note: The Lautenberg Law should still be overturned, on principle, as it created a bad precedent for Ex Post Facto, which is unconstitutional. It’s just plain’ole BAD Law.

Russn8r

Harold’s pal LaPierre helped pass Lautenberg.

im_frank

ANY restriction on 2A by any level of government is NOT a “nothingburger.” Like the proverbial camel’s nose inside the tent flap, it doesn’t take the opposition long to coerce their way fully into the tent. ALL 2A restrictions, regardless how “toothless” they may appear prima facie need to be dealt with swiftly, decisively and with such force as may be required to defeat them.

DDS

“Second Amendment Supporters” — Harold Hutchison “I respect the 2nd Amendment. I respect the rights of lawful gun owners to own guns, to use their guns,” — Hillary Clinton “I think we can get something done, I think we have to do things that protect the Second Amendment rights of legitimate gun owners,” — Chuck Schumer ”I believe in the Second Amendment in this country,” — John Kerry “I believe in the Second Amendment,” — Barack Obama I could go on, but I think most of you get the general drift. Except for Harold. Harold might get a clue someday, but… Read more »