Joe Biden ice cream
(AP Photo/Alex Brandon)
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“Good for both home and battle, the AR-15 is the kind of versatile gun that lies at the intersection of the kinds of firearms protected under District of Columbia v. Heller,” U.S. District Judge Roger T. Benitez wrote last year in an early decision for a still-pending challenge to California’s gun restrictions. The final decision will need to reflect this year’s U.S. Supreme Court guidance in Bruen that “when the Second Amendment’s plain text covers an individual’s conduct, the Constitution presumptively protects that conduct, and to justify a firearm regulation the government must demonstrate that the regulation is consistent with the Nation’s historical tradition of firearm regulation.”

So, President Biden’s bold goal of making “semiautomatic weapons” unavailable is probably well beyond his grasp without serious changes to the Constitution. Even if he achieved those, how would he convince the millions of people who “overwhelmingly choose” the tools he doesn’t like to get on board?

Millions of semiautomatic weapons are already in private hands. Gun owners have demonstrated their willingness to ignore restrictions, as seen in the 5 percent compliance rate for New York’s “assault weapon” registration law and the overwhelming defiance that met California’s and New Jersey’s bans on such guns. “More than a year after New Jersey imposed the toughest assault-weapons law in the country, the law is proving difficult if not impossible to enforce,” The New York Times reported in 1991.

More recently, Americans have taken to making their own firearms to hobble restrictive laws.

Even generously assuming he knows what he’s talking about, the most President Biden can accomplish by pushing for a ban on semiautomatic weapons is to increase confrontations between enforcers and the public. That’s if he isn’t just thwarted in his efforts by constitutional protections for individual rights. The genie isn’t going back into the bottle.

J.D. Tucille in President Biden Wants to Ban ‘Semiautomatic Weapons’? Dream On.

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65 COMMENTS

  1. The picture of TheBiden clearly shows what he wants…. a ritalin laced ice cream cone. Once it kicks in he’ll be ready to read whatever his handlers scroll across the Teleprompter.

    • Try and read. They’ve got to keep the words to five syllables or less.
      Words like America, Constitution, and Freedom confuse him.

  2. “Biden Could Never Enforce His Delusional Proposal to Ban Semiautomatic Weapons Even If It Did Somehow Become Law”

    That isn’t the point.

    It allows selective enforcement, and that’s a powerful cudgel to wield, especially when you have the press on a short leash eager to scream what you want them to scream, when you want them to scream it.

    All it takes is a few high-profile takedowns, and watch the frightened comply… 🙁

    • “All it takes is a few high-profile takedowns….”

      The one act, that would get headlines everywhere, doesn’t seem to be implemented: station cops and agents at the parking lots of gun stores, and shooting ranges.

      The fact cops and agents aren’t doing this makes me suspicious.

      • Hey Joe….George Orwell’s ‘1984’ was suppose to be a warning not an instruction manual.

      • Well yes Sam. RE: ILLANNOY will make an ass-ault law but they don’t have the manpower(or po-leece)willing to enforce their BS. I’ve already got 10 round mags for pistols & rifle. And my best friend in nearby Indiana has volunteered to “help”. Indiana cops will NOT cooperate with fat boy Prickster. Meanwhile the mrs n I are planning on moving. I expect pushback with the huge # ILL gun owners…

        • “I expect pushback with the huge # ILL gun owners…”

          Understand the imagining. Seems that pushback for Waco, Ruby Ridge, the Bundy incidents, has been quite deafening in being absent.

          History and tradition are telling us that “pushback” went the way of the founders of the nation.

        • You mean like the huge pushback Pritzker got last election? Dream on.

          The trend in Illinois is towards even more authoritarian government tyranny because that’s what most of the people who vote there want.

          As people move to states more in line with their political viewpoints, the Red states will get redder and the Blue states will get bluer; and it’s going to result in even more polarization.

    • It’s a starting point for them. Even if we still have our guns, we would have lost our freedom. Those in California, NY, New Zealand, Canada, etc who “will not comply” and kept their banned guns, are they still able to acquire new ones, shoot them at ranges, competitions, take them hunting, sell them, etc? If you ever have a domestic incident, robbery, and with red flag laws, they will seize your scary “arsenal” if given the chance.

      It’s a long game, over time, if no new “assault weapons” are being sold or imported from gun stores, and gun owners are hiding their banned stash, the supply will be slowly reducing as the guns and their owners age. New potential gun owners aren’t going to want to break a law to build or acquire guns, so they won’t get much exposure to what they could have had.

      Not complying wouldn’t be a successful long term arrangement, it could only be a short term strategy to weather a storm until things could be corrected.

      • we’ve won far more than we’ve lose, for the last decade or so. Who’d have believed, back then, that so many states would have gone constitutional carry or that the supremes would come down on our side? thank god for Trump’s federal judge appts (most of them.

      • NY is what I am most familiar with on this one and yes we now have even more restrictive ammo sale and needing a semi auto upgrade on a pistol permit to buy semi auto rifles. End result is a lot of out of state shopping for body armor, ammo, and stripped lowers (can still buy them here but one stop shops are being identified within 20 miles of whatever border you want. Also a lot of bolt action ARs are being sold lately for some reason. They will push for more control but will also create a more inventive and less trusting of authority gun owning public. I am sure they are competent enough to handle such challenges.

  3. The only firearm in America Jim Crow Gun Control democRat tough guy joe needs to be concerned about is the handgun his 4473 lying son hunter and joe’s deceased son’s wife dropped in a dumpster.

    • “If you want to see a shooting war, pass this law and then enforce it at the end of a barrel.”

      You’ve heard the saying “We must all hang together or surely we will all hang separately,” I presume?

      The Gestapo will stage no notice raids using 15-20 tooled up agents at a time against a lone, middle aged gun owner who’s unprepared and rousted out of a deep sleep. They’ll pick people off one at a time and the speed and violence of the raids, followed by show trials, will engender a lot of fear among gun owners in general.

      Sure, there are millions of people who own guns but what use are they if people don’t formally band together and train like the colonial militias did as a show of resolve? And not just 10 or 20 guys getting together and LARPing through the woods, but thousands, millions of people banding together. That’s what the Founders envisioned as a counterbalance to an out of control government. But, is there any sign people are feeling so threatened that they’re actually starting to band together for their mutual defense?

      A big problem to doing that is the overwhelming surveillance state we live under. Our Founders were able to operate their Committees of Safety and Committees of Correspondence in relative secrecy but, today it would be an impossibility. There would never have been an American Revolution if the British had the surveillance tools available to them that our present government has. If it looked like there was any possibility of gun owners actually mounting an effective opposition the Gestapo would come down on the leaders like a ton of bricks and frog march them to the nearest gulag.

      I don’t know what the solution is, all I know is that as long as there’s no coordinated opposition, all the talk about there being a “shooting war” is just hyperbolic empty talk. There may be a few individuals shooting it out with government agents, but certainly nothing that will actually add up to actually making the government change course.

      Having said that, I’m just as frustrated and angry as you are.

  4. I have been making this same comment for years now that given past history in NY, CT, NJ and other states people have simply not complied and the State Supt. of Police all told their Governors they would not enforce those laws unless they found those firearms in the commission of another crime. Why? Because they know officers would be shot dead trying to confiscate firearms. Now that Bruen is in effect and many of these Democratic run areas are trying to disobey the law they have to face one reality. If they don’t obey the law why should we. You either lead by example or pay the consequences when you try to be a hypocrite. No one is falling for the safety claim. This is a power and control move and nothing less.

  5. Maybe 80% of the 400 Million guns in America are semi-autos, I wish the DOJ, FBI, ATF and the rest of the clowns with badges lots of luck collecting them. The images of Ruby Ridge and Waco are still fresh in American’s minds. Hope they stocked up on body bags because they will certainly need them, because even if only 1% of the gun owners fight back, there won’t be any LEO’s left to try and enforce the law.

    • You nailed it . . . a number of Constitutional Sheriffs in Oregon have already said they will not enforce the draconian M114 that was passed by 25 thousand liberal votes (.08%) of 1.5 million casted . 6 counties said yes and 30 counties said no . It took a State judge from a rural county to put a hold for now on on a clearly UNconstitutional law after it went before a Trump appointed judge who kowtowed and failed to support the Constitution . sad.

      The State Police and municipal police serve at the pleasure of the governor and Mayors, but sheriffs serve at the pleasure of the People, they are stalwarts of Liberty . Please support your local Sheriff !

  6. “We’re” still missing the point here. Big time.

    Biden’s handlers KNOW it violates Bruen. They. Do. Not. Care.

    This is a ploy to influence the Democrat base voters to elect Senators and Presidents who will eventually populate a Supreme Court that will overturn BOTH Heller AND Bruen.

    NEVER FORGET these folks play the long game. They have nothing to lose, and an uneducated generation of public school students, and millions of illegal aliens on their way to help them in future elections.

  7. How could they even enforce something like that?
    Then what about 2ndA Sanctuary cities or even states?
    See a mass exodus of what were once law abiding citizens to those states?
    Likely that would create a blackmarket for firearms . . . something else the drug cartels could exploit. With a open border like we have now, would Biden move to close it to prevent all those illegal arms from coming into the country?

  8. theBiden wont enforce the law but his robots will.
    Compliance, the system doesn’t want compliance, it wants you to break the law.

  9. History has shown that Biden can indeed put heavy restrictions on semi-auto weapons.

    If the penalties are draconian enough such as those found in the NFA act which at first restricted access to buying machine guns and later under Reagan banned new sales Biden could indeed restrict semi-auto weapons under the NFA act and ban high capacity magazines.

    The average citizen would have no choice but to obey because if they got caught with an unregistered weapon they would go to prison, be fined heavily, lose their jobs and lose the right to own firearms for life.

    And if you had a unregistered weapon you could not take it to the range or even shoot it on private property without the risk of being caught. You could not sell it or use it in a defensive situation either. In short it would be useless to you.

    Biden also does not even need registration to accomplish this either as he could pass Universal Background Checks which although not quite as restrictive would accomplish the same goals as anyone selling their weapon to someone without going through Universal Background Checks would be liable to prosecution when the weapon ended up in the hands of a criminal or lunatic or even if the seller was caught in a law enforcement sting operation. A few sensational cases would let the “unwashed” know that this type of violation of the law would put them in prison.

    All one has to do is look at the history of European nations such as Britain, Australia, and a host of other nations to know that railroad cars full of banned weapons resulted in such laws being passed as the average citizen is not going to risk going to prison over a toy he plays with on the weekends.

      • to Link

        Reading comprehension, reading comprehension. Its a given it would have to pass Congress to become law.

        • Yep you would have walked to the trains in Europe after the NAZI’s took over..

          You would have gladly walked into the line of the firing squad or the showers!!!

    • Y R U stupid, dacian the demented? Knowledge is readily available, for those with the will and the wit to learn (apparently, you lack both). A “national” AWB is no more in compliance with Bruen than would be a state AWB. Even under Heller’s “in common use” standard . . . I would say nearly 30 million (on the LOW end) AR platform rifles in circulation constitutes “in common use”. No, the tapioca-brained, senile idiot (although I can see why you like him – he’s just like you) HAS no such powers. He can jawbone Congress to pass such a law, and that batch of mouth-breathing, booger-eating morons may do it, but . . . it’s still unconstitutional.

      Sorry, you’re still a pathetic oxygen thief. Say, aren’t you a big “climate change” idiot?? Well, since humans are apparently the source of all evil being done to Mother Gaia, why don’t you give us all a salutary example, and cease abusing our mother. Just go expire in an excavation, dacian the demented.

      • to The Lamp that went out in his head

        quote————Say, aren’t you a big “climate change” idiot?? ———quote

        You just fell into the outhouse on that one.

        The World’s majority of scientists as far back as the early 60’s warned and proved that man’s pollution was destroying the planet. The amount of even daily pollution, despite some of man’s recent attempts to lessen it is so high a volume even today it shocks the mind.

        And previously I related a conversation I had with Bill Best who worked at Wright Patterson Air Force Base in the 1940’s who told me he personally observed the pollution hanging above the clouds where the weather could not wash it down and it was therefore blocking out sunlight turning the earth into a greenhouse and that was over 82 years ago. If anyone is a complete moron it is the climate deniers with you as their star depraved cheer leader of ignorance.

        And your ranting about assault rifles not capable of being severely regulated or banned again shows your ignorance of not only world gun control history but all the surveys showing the majority of Americans are fed up with mass murder by assault rifle and your ignorance of history in relation to other nations even banning them and confiscating them. Pictures of railroad cars full of confiscated weapons in Australia have been available for years. With good old American ingenuity and industrial capacity the government could melt down a couple of million assault rifles per month.

        If you are depraved enough to think that the average American is going to go out in a blaze of glory with his assault rifle in his hand guess again because they do not share your depraved state of mind as they would turn the weapons in because they look out for No. 1 and would not risk being imprisoned, losing their jobs and being fined and losing their gun rights for life.

        I think depraved paranoid lunatics like yourself actually do not realize that you are only a small minority in this country and the average gun owner in no way shares any of your maniacal depraved delusions. Most would indeed support severe restrictions or even bans on such weapons.

        I have seen some members of our club even chastise other members that owned assault rifles telling them they make the majority of gun owners all look like people of the paramilitary far right lunatic fringe. Perhaps because they are.

        And remember the courts often follow public opinion paying little attention to past rulings by the court. The courts at one time ruled black people were counted as only 3/5 of a person and minorities including asians were prohibited from marrying white people and gays were not permitted to marry each other. All that changed court rulings when public opinion demanded it. So it will be with assault rifles and maybe sooner than you think.

        Of course if you really were a lawyer you never would have made this historical blunder because that is supreme court history 101.

    • “History has shown that Biden can indeed put heavy restrictions on semi-auto weapons.”

      The compliance rates in CT, NY, CA, and other authoritian-leaning states are not consistent with that position. At least so far.

    • Unlicensed weapons would be those that are put away by a forward thinking person. These firearms can be kept in tip top shape, fired rarely, but kept in a family(or like minded group) for a century if need be. Old ammo stored properly, usually works, if not, it can be carefully reloaded.
      People can keep their gelded firearms and use and practice with them more often.
      While I have to admit that most people do not have the wherewithall to plan and do this, there are many families that have family land, where they can build caches for upcoming problems. I can also hope and pray that there are good people out there that already have thought this way and have rifles stored at the ready in makeshift armories.
      I am not advocating breaking any constitutional laws here, but I can pray that if it gets bad, my family can and will be able to meet up with others that have similar values.

  10. Commentary: The Serial Lying Emperor Has No Clothes > https://redstate.com/jimthompson/2022/12/05/commentary-the-serial-lying-emperor-has-no-clothes-n668713

    among other things, the obvious

    “…

    I’m old enough to remember Biden running for president in 1988 and being laughed out of the campaign for being a serial liar. It was just that he made up his academic accomplishments, but he was stealing from about every source he could rip a page from or making things up out of whole cloth about. Joe Biden has always been a liar.

    …”

      • Or so the DNC says, possum. “President” LolEightyOneMillion got more votes than any president in history. Just ask David Axelrod, or Rachel Madcow.

        But, unfortunately, enough mush-brained idiots (yeah, dacian the demented and MajorStupidity, I’m talkin’ to YOU!) voted for the stupid, senile p**ck (who was stupid before he became senile) that he is, at least on paper, our Commander in Chief. God help the Republic!

      • He was a bright bulb, he just had his own agenda. When someone enters politics as a career choice and get filthy rich doing so, there is something wrong there.

  11. they could certainly try
    but at what cost
    it definitely would not cost them nothing
    in fact
    i think the cost would be pretty high

    • Are you talking the cost of emu the taxpayers would pay to arm LE to shoot other taxpayers?
      An Army of One doesn’t last to long, and that’s just what it would be.
      No knock search warrants for the gunm nut down the block, neighbors duck and cover and cheer that he’s gone.
      Traffic stop searches, shoot out, bad man had an AR.
      We could have been killed, he’s a killer no doubt.
      Militia?
      No, that’s a hate group or a religious cult.
      News man say bad things happening there.
      Yay for .gov
      Power Play

      • If a ban of this type were to become law, Americans would have to invoke the Second Amendment for its intended purpose and engage in targeted acts of extreme violence, unfortunately I don’t see any other appropriate response.

  12. I did not dey California’s requirement to register “assault weapons” or turn them in; I turned my “assault weapon” into something that was not defined as an assault weapon so I was no longer required to register it. such if the fate of features based bans–remove the banned features and you still have a semiauto rifle.

    Also, St. Benitz ruled in the AR ban case under both the Nonth Circuit interest balancing test a
    AND under the Heller History, Text and Tradition test, and found the AR ban unconstitutional under both. The Nonth Circuit panel affirmed, but an en banc panel reversed. The supreme Court granted review and reversed with instructions to reconsider under Bruen. The Ninth then kicked the case back to St. Benitez, who almost certainly will reaffirm his original opinion when he hears the case next week. The State will undoubtedly appeal again and request a stay pending appeal. Here’s hoping that no stay is granted by the Ninth.

      • Well, you see it is like this. Benitez already did the HTT analysis, and at least one 3 judge panel at the Ninth agreed. The en banc panel reversed but then was itself reversed, establishing that the en banc panel got it wrong. The en banc panel that will be held if the three judge panel again upholds Benitez’ decision will be hard pressed to justify upholding the law under the analysis required by Bruen. Then again, it did find, in another reversed decision–Young v. Hawaii–under an extraordinarily strained analysis, that there was no right to bear arms outside the home. So we know what lengths it will go to to deny 2A rights, the question is whether it will be sufficiently remorseful after four reversal on the same basic issue to mind its manners.

        • “…the question is whether it will be sufficiently remorseful after four reversal on the same basic issue to mind its manners.”

          The 9th has a reputation as the most reversed court in the nation. Not seeing any hope of a change in nature. Besides, behavior change would end “the game”.

          (The best part of being a pessimist is that sometimes you are pleasantly surprised.)

  13. It is really simple. Joe Biden is using his position as an attempt to engage in a criminal conspiracy to deprive citizens of their 2nd amendment rights. It is really that simple. He has said in plain english that he wants to outlaw semi auto weapons, a common use weapon. Sounds like someone else in history, with a wierd mustasche.

  14. Wake up! Now that this illegitimate Administration has 51 Senators they can adopt the UN “Arms Trade Treaty” https://www.un.org/disarmament/convarms/arms-trade-treaty-2/#
    Which has provisions for Small Arms Registration. A treaty ratified by the Senate becomes part of the constitution and would take constitutional change action to undo it. The House has not part of this kind of action. This is where the UN blue helmet enforcement troops come it. Sure we can take action, however they can use any and every tool to administer enforcement. A resistance cell can be easily dispatched with a thermobaric bomb. You need to consider how we got into this mess by allowing immorality and corruption to prevail. Complacency, comfort compromise, and status quo are your enemy. You need to awaken and pray for the Truth to be fully revealed.

    • “Now that this illegitimate Administration has 51 Senators they can adopt the UN “Arms Trade Treaty” ”

      Formal ratification of any treaty is 2/3ds votes of the Senate (there is an “informal” ratification that requires no voting at all). Today, that would be 66. Think even Republicrats understand that 15 defections would be highly risky for Republicrats, all over.

      Local gun control is one thing, turning control over to 160 other nations is quite another.

      On the otherhand, this is part of how empires die.

  15. Biden and the Democrats want to begin Civil War Two which will wipe out all Liberals forever !
    End of problem.Liberals six feet under pushing up daiises

  16. “Biden and the Democrats want to begin Civil War Two…”

    Civil War 3.0. “The Revolution” was a civil war.

  17. Potato head is not the only one, due to the brainwash voters in Michigan, there are three house bills: HB6544, HB6545 and HB6546. With the loss of the senate and house in Michigan, Whitmer will definitely sign them.

    -HB 6544 is a bill to ban the manufacture, possession, purchase, and sale of so-called “assault weapons.” This includes any semiautomatic rifle that has the ability to accept a detachable magazine, a pistol grip or thumbhole stock, or any feature capable of functioning as a protruding grip that can be held by the non-trigger hand. This bill would ban almost all long guns.

    -HB 6545 is a bill that would limit the open carry of firearms.

    -HB 6546 prohibits the open carry of so-called “assault weapons.” This includes not just guns such as AR-15s, but most other long guns, too. This bill would also allow the government to come into your home and take your firearms.

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