Biden Would Have To Change Constitution to Ban Assault Weapons

In the aftermath of the horrific school shooting in Uvalde, Joe Biden has increased his war against guns ten-fold and has said he wants Congress to ban assault rifles like the one used by the Texas gunman. But would it be legal to ban the AR-15?

While it’s understandable that after a senseless, appalling tragedy, the community will cry out for immediate answers and immediate action, acting on impulse and making unreasonable promises often does more harm than good, and Biden could actually be proposing a law change that would break constitutional rights.

Biden has never made any secret about his anti-gun stance. During his 2020 election campaign, he berated the National Rifle Association with “I’m going to take you on and I’m going to beat you”. What Biden was really doing was alienating millions of law-abiding, gun-owning Americans, many of whom share his concerns about tackling gun violence by exercising their connotational right to own a weapon.

But Biden was determined to make guns and gun owners into bogeymen, using the topic as a divisive political tool, and you can only feel that after the awful shooting last month, he probably feels like he’s scored the winning basket. But has he?

The Second Amendment clearly states that it’s every American’s right to bear arms, and while this is not absolute that there are some exceptions to the rule such as “possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings,” noted in the District of Columbia v. Heller Supreme Court case, neither Biden nor Congress has the power to change a connotational right without changing the constitution, which has only been done 27 times in the history of the country.

It’s Biden’s desire to ban an entire category of weapons, namely the AR-15 rifle and assault-type weapons. The AR-15 is an extremely popular choice of gun for Americans, with more than 15 million of us owning one for self-defense or hunting.

The clueless president even cited out-of-date legislation to try to justify the ban. In 1994, Congress passed the Federal Assault Weapons Ban which survived a few legal challenges but still failed to defy the Second Amendment. The law expired years before the precedent for gun ownership that was set by the Heller decision.

Not even the 9th Circuit Court of Appeals in liberal California managed to uphold a ban on semi-automatic weapons last month.

Let’s not forget, in the run-up to Biden’s election campaign in 2020, thousands of peaceful Americans were terrorized, attacked, and had their property destroyed by BLM rioters in ‘protests’ that carried on night after night.

People were frightened and intimidated. Some were violently attacked, and some were even killed. Biden, meanwhile, blamed what he called Trump’s “hate” for the riots and referred to the culprits as “peaceful”.

This is not a president who cares about the safety and security of Americans, even if he attempts to use the Uvalde tragedy to his own political ends.

This story syndicated with permission from Jo Marney, Author at Trending Politics

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