Last week, Lindsey Graham introduced a bill co-sponsored by other Republicans to codify Heller and Bruen into federal law, but does it really do that?
The Respect For the Second Amendment Act has widespread support amongst Senate Republicans, the National Rifle Association (NRA), and the National Shooting Sports Foundation (NSSF). These politicians and organizations claim the bill will take the Supreme Court’s decisions and turn them into federal law.
“I am very pleased that all Senate Judiciary Republicans are speaking with one voice when it comes to supporting the Second Amendment rights recognized by the Supreme Court in the Heller and Bruen decisions. Now more than ever, it is important that Congress recognize and support that the Second Amendment is an individual right and that the right to bear arms to defend oneself is an integral part of American society. With this bill, we are ensuring that the rights affirmed by the Supreme Court are part of the federal code – and preventing a future Supreme Court from reversing this decision. The Respect for the Second Amendment Act will memorialize the holdings in these landmark Supreme Court cases and provide further protection to the Second Amendment,” said Senator Graham.
While Senator Graham and others celebrate the introduction of a bill to codify Bruen, what these politicians are not telling you is that it replaces the “original text and history” test found in Bruen with a much more watered-down “historical tradition of firearms regulations.” SCOTUS gave us a starting point. That starting point is the ratification of the Second Amendment. It concentrated on the rights of the people. Congressional Republicans sidestepped that test totally. The National Firearms Act of 1934 (NFA), a law I would like to see repealed, is a historical firearms regulation. It can and will be argued that this law encompasses the NFA.
Bruen knocked down New York’s Sullivan laws, which were in place for nearly 100 years. Those laws could be considered historical firearms regulations. For these reasons, some gun groups are withholding support for the bill. One of these groups is Gun Owners of America (GOA). Director of Federal Affairs for GOA, Aidan Johnston, told me that the gun rights organization does not support the bill because of the same concerns I have with it.
“The bill has a laudable goal, but in attempting to protect unconstitutional gun controls like background checks, commercial gun regulations, and ATF’ authority,’ the bill utterly undermines the Second Amendment test from Heller and Bruen,” Johnston told AmmoLand News. “GOA has always argued what the Supreme Court has codified: to examine a gun law’s constitutionality, you must use the text of the Second Amendment and the historical tradition from the founding era. The bill fails to mandate courts apply the text of the Second Amendment and appears to allow any gun control that has had any part in our nation’s historical tradition—like the National Firearms Act, which has infringed on gun rights for nearly 90 years.”
I will go further than GOA and argue this bill does nothing for gun rights and, in fact, hurts them. Bruen is the law of the land. This bill does not even come close to the test set up in the decision. This bill gives anti-gun politicians another data point to cite when arguing their law is Constitutional. It attempts to water down the brilliantly written opinion of the high court while claiming to be some groundbreaking gun rights bill.
This bill is smoke and mirrors to try to make up for the appeasement we saw in the passing of the Bi-Partisan Safer Communities Act. Like millions of other gun owners, I want to see a bill that actually advances gun rights. Removing short-barreled rifles (SBR) from the NFA would be a good start. The SHORT Act does just that, and it has already been introduced in Congress. Another good bill is the Hearing Protection Act (HPA), which would remove suppressors from the NFA. How about introducing and supporting a bill to repeal the NFA itself? Hell, we will even accept a concealed carry reciprocity bill.
But those bills would require guts to propose and bring to the floor for a vote. Instead, we get a watered-down bill to make us forget the biggest betrayal of gun owners in the past 30 years. I urge everyone to reach out to their Senators and demand an actual pro-gun bill instead of a fundraising PR move.
About John Crump
John is a NRA instructor and a constitutional activist. John has written about firearms, interviewed people of all walks of life, and on the Constitution. John lives in Northern Virginia with his wife and sons and can be followed on Twitter at @crumpyss, or at www.crumpy.com.
how about honoring the wording of the Second Amendment and allow citizens their right to keep and bear arms instead of all this grandstanding. these career politicians are not worth the sh1t they are full of.
^^^^^^^^^^^^^^^^^^^THIS^^^^^^^^^^^^^^^^^^^^^
Areed. Other than the word “allow”. I would have said “acknowledge”. No govt. “allows” me to do anything.
I don’t rely on Congress to “allow citizens their right to keep and bear arms”, and neither should you. It is NOT their power to “allow” or deny. Exercise your rights. Period. Use your power. We don’t ask permission.
Congress can screw up anything it puts its dirty rotten paws upon.
Except SENATOR Graham is in the SENATE. Which can also screw up anything it puts its dirty rotten paws on. ONCE UPON A TIME…Mankind Went Insane
Congress covers both the House of Representatives and the Senate.
Trust absolutely NOTHING that comes from Lindseypoo Graham. You can bet it is a setup for worse things, later on.
Hi Ope! You do know his picture is in the dictionary twice, don’t you? Once beside the term “RINO”, and once beside the word “traitor”!
😀
Actually you’re wrong. I found his picture in there under the word PSYCHOPATH also. As well as MENTALLY ILL and WAR HAWK. I bet if we look harder you might find it in a few dozen more places too. Like under SHITBIRD.
Shit weasel?
You mean, ‘Shit-sucking Weasel’ don’t you?
And a third time under “backstabbing POS”
Close but, no Cigar. His picture is next to the term Prostitute!
That is the best description yet…..
No, ’cause he would be broke.
HEY! Don’t dis the ‘working’ girls! At least prostitutes WORK FOR THEIR MONEY and you KNOW you’re gonna get f*cked!
I could make a strong argument on John Cornyn’s behalf.
On his behalf? He’s half-assed as it is!
Sure call your Senators. They listen just like Cornyn did.
No, their STAFF listens, just like Cornyn.
I wouldn’t believe anything RINO Graham said. Smoke and mirrors Lindsey!
Negotiating Rights Away strikes again along with the “ATFs’ Partners” at the NSSF.
And the NRA.
You expect something different from a Communist in drag.
Worthless, spineless, corrupt and despicable congress critters… sums it up.
Lindsay Graham knew this was going nowhere before he even spoke about it. It’s just political grandstanding so he can say he tried. That snake will pander to anyone that he thinks will give him money or vote for him.
REALLLY? What can you expect from the NRA which supported the GCA and the NFA and ignores the first 13 words of the 2nd even though the NRA bylaws clearly state that is one of it’s main objectives. TO TRAIN THE MILITIA. What can you EXPECT from that mentally deranged war mongering WWIII instigating idiot with a Napoleon complex Linsey Graham? He is such a typical PSYCHOPATHIC CONTROL FREAK that if you cant see that or realize that you’re either dead in a grave or one of the walking dead.
PROBLEM: PSYCHOPATHIC CONTROL FREAKS “RULE” US!
The only time lindsey does anything it’s in the dark from behind.
He is a backstabbing traitor. With “friends” like him who needs enemies?
The ONLY REASON for this proposal is to gain street cred with gun owners. ZERO chance of passage, ZERO intent to pass……his real intent (and desire) is to bend you over and F you!
This is grandstanding BS writ large.
No matter the wording. It could never get through the Senate and make it to Biden’s desk to veto it. Nothing but political drama to flush out who-is-who in the House and get them on record.
The first step. Once they’re on record the constituents know whether they should stay or go. Everyone who owns a gun needs to be a registered voter and be at least #4 voter.
Yes- all laws passed would be in the tradition of gun control instead of 2A control! Ouch!
My brother-in-law once had the “distinction” of shaking Miss Lindsey’s hand. He said it was like holding a dead fish, so I’ve been calling him “Dead Fish” ever since. In my opinion, Graham is a weasel.
That’s what I call the “Baptist Minister Handshake”.
I’d call my Senators, but… my Senators are a “Sack of Durbin” and Duckwalk. I’m planning on moving to either Texas or Florida, shortly.
Hard to contact Tammy the Traitor since her offices have been closed for 3 years.
Check out the regions west of DFW.
Geez! Don’t let the Californians know about that!
We’ve got plenty of room for you here in Texas! C’mon!
“Shall Not Be Infringed” is pretty straightforward and means exactly what it says. That No Branch of the Government at any Level, from Local to Federal can Infringe upon that Innate and Protected Right, and that any and all Legislation infringinging on that Right is Unconstitutional.
Not even the NFA Tax Scheme is allowed.
When RINOs introduce a bill that undercuts our 2A Rights by watering down the standard set in Bruen, you need to know only one thing:
Great article, Mr. Crump, thank you for bringing attention to this bill and it’s shortcomings. And thank you for continuing to submit great work to AmmoLand.
At least when he has gone to the world beyond that is the end of his genes
Horseshit! That’s when he’ll start voting Democrat without even showing up at the polls!
As does his dumb-assed gatekeeper in his Dallas office!
Gun laws, by all authorities, should be confined ONLY to punishment for criminal misuse, irresponsible gun handling, negligent storage when in presence of irresponsible minors and known trafficking to criminals. Period.
NO public servant has the authority to codify MY rights! And as soon as I get an entire list of whatever jackasses there are that are trying to do this, I will immediately begin toward censuring and then removing them from public service. How dare they assume THEY have ANY right or authority to try and do this? DUMB ASSES, ONE AND ALL!