Explore The NRA Universe Of Websites

APPEARS IN News

Biden’s Executive Order Targeting Gun Ownership

Wednesday, March 15, 2023

Biden’s Executive Order Targeting Gun Ownership

On Tuesday, Joe Biden issued an executive order on gun control that could accurately be described as a mile wide and an inch deep.

Media and gun control groups that beforehand had been salivating over the idea that the measure would impose “universal background checks” for firearm transfers had to content themselves with a vague directive for Attorney General Merrick Garland to develop a “plan” to move in that direction.

And while the order’s other provisions were similarly vague and insubstantial, there is no doubt what it all adds up to: antagonism toward gun ownership is now the official policy of the U.S. government’s Executive Branch.

The good news for gun owners is that — after multiple rounds of anti-gun executive orders in the Obama-Biden and Biden-Harris administrations — there isn’t a lot that can plausibly be done administratively on that front that has not already been done. Therefore, nothing in the order itself immediately or operationally limits Second Amendment rights. The order even acknowledges that it will take further action from Congress to achieve the big ticket items on Biden’s gun control wish list, including banning ALL private firearm transfers, as well as so-called “assault weapons” and “high-capacity” magazines.

On the other hand, what has been done has often ignored the limitations imposed by federal statutes and the Constitution itself. What will actually come from Biden’s instructions to the bureaucracy in his latest order is therefore anybody’s guess.

Complicating the picture was the enactment last summer of the misnamed Bipartisan Safer Communities Act (BSCA). The NRA opposed the legislation, warning that its vague language gave anti-gun officials nebulous authorities that could be abused to target law-abiding gun owners and firearm-related businesses.

Now, Biden is basically directing an alphabet soup of federal departments — including Justice, Health and Human Services, Education, and Homeland Security— to comb through the BSCA and come up with their own plans to implement it to the fullest extent possible.

One of the most onerous aspects of the BSCA was its lowering of the threshold for when a federal dealer’s license (FFL) is needed to sell or transfer firearms. Previously, an individual only needed an FFL when engaged in “a course of trade or business“ involving “repetitive” buying and reselling  of firearms with the “principal objective” of “livelihood and profit.” The BSCA removed the livelihood element so that profit seeking alone would fulfill the required objective of the sales.

This change broadened the FFL requirement, but it’s far from clear what that means in a practical sense. Fortunately, a “course” of “repetitive” buying and reselling of firearms is still necessary. But no one seems to know where the lines are now drawn.

Even national gun control groups haven’t come to a shared understanding. Brady-Giffords advocates for a numerical threshold of annual sales, an approach the Obama-Biden ATF specifically rejected under the “livelihood and profit” language. Meanwhile, Everytown argues that ANY firearm sale at a gun show or pursuant to an ad is presumptive proof the threshold has been met. But this was the standard contained in the Manchin-Toomey legislation that Congress itself rejected during the Obama-Biden administration. 

Thus, what Garland’s background check “plan” will look like and how it will be implemented remains a mystery.

Most of the other directives in the order boil down to a general principle that federal agencies should use whatever authorities they have to make life more difficult for gun owners or the businesses that serve them. Biden’s introductory statement that “we will no longer allow the interests of the gun manufacturers to win out over the safety of our children and Nation” demonstrates that he blames lawful industry — not the lawless, predatory criminals pulling triggers — for firearm-related violence. As long as he continues to labor under that delusion, little progress will be made on reducing violent crime, which not coincidentally tends to be concentrated in areas under legacy control of Biden’s political party.

Besides the background check provisions, another aspect of the order that could eventually lead to substantial infringements involves requiring the Department of Defense (DoD) to “further firearm and public safety practices” through its “acquisition of firearms.”

Similar plans have long been proposed by gun control activists for the law enforcement agencies of large citiesThe basic idea is that companies bidding on firearm-related contracts would have to commit to developing “safer” firearm designs, such as the fabled “smart guns,” or “best practices” that limited the sorts of products they make available to the civilian market.

Such plans have generally been rejected, however, as agencies have pushed back on requirements that would limit their officers’ access to the highest quality equipment. Nevertheless, DoD’s unparalleled purchasing power, and its increasing politicization, are reasons for concern.

Other aspects of the order indicate how impoverished and detached from reality the “thinking” is that underlies the gun control movement.

For example, the Federal Trade Commission is “encouraged” to “issue a public report analyzing how gun manufacturers market firearms to minors and … to civilians, including through the use of military imagery.” This is merely a retread of a recently resurrected gun control effort from the 1990s. Minors, of course, are legally prohibited from buying firearms at retail. And “military imagery” is used to market everything from sunglasses to automobiles without any negative consequences. In any case, the point of this exercise is not to reduce crime. It is to exploit a judicially-created loophole in the Protection of Lawful Commerce in Arms Act and make it easier for activists to pursue extortionate lawsuits against the firearm industry.

A host of federal components are also encouraged to do whatever they can “to encourage effective use of … ‘red flag’ laws.” This basically means encouraging citizens to accuse each other in court of being too dangerous to have guns and letting a judge gaze into a crystal ball or use some other non-scientific hokum to predict an individual’s future behavior and determine that person’s civil rights based on things that have not even happened. Again, how the agencies will fulfill this mandate is anybody’s guess. But the inclusion of the Department of Education indicates that schools may soon be involved in targeting the firearms in students’ homes for seizure.

In summary, Biden’s latest executive order is not so much a roadmap as a declaration: gun ownership and firearm-related businesses are bad and a “whole of government approach” must be used to suppress them. Stay tuned to this page for details on what that looks like as the federal departments mobilize against the Second Amendment in the months ahead. And watch your NRA voter guides for information on which candidates will pledge to undo the damages wrought by the most anti-gun administration in U.S. history.

 

TRENDING NOW
Legislation Introduced to Block Credit Card Gun Registry

News  

Wednesday, February 12, 2025

Legislation Introduced to Block Credit Card Gun Registry

U.S. Representatives Riley Moore (R-WV-02), Richard Hudson (R-NC-09), and Andy Barr (R-KY-06) have introduced H.R. 1181, the Protecting Privacy in Purchases Act. This crucial legislation would prohibit credit card companies from tracking constitutionally protected purchases ...

Defending the Indefensible: Court Strikes Illinois FOID Card Law

News  

Tuesday, February 18, 2025

Defending the Indefensible: Court Strikes Illinois FOID Card Law

Lawmakers in Illinois have a long track record of irrational gun bans and restrictions based on the idea that public safety is best served by disarming criminals and law-abiding citizens alike, even if that means ...

DNC Goes All-In on Gun Control

News  

Monday, February 10, 2025

DNC Goes All-In on Gun Control

A couple weeks ago, we wrote about anti-gun activist David Hogg campaigning to be a Vice Chair for the Democratic National Committee (DNC).  We (somewhat) jokingly endorsed his candidacy, as it would make abundantly clear that ...

NRA Statement on President Trump’s Executive Order Protecting Second Amendment Rights

News  

Second Amendment  

Friday, February 7, 2025

NRA Statement on President Trump’s Executive Order Protecting Second Amendment Rights

Today, the White House announced a new Executive Order to protect and expand the Second Amendment rights of all law-abiding Americans. This is the first action taken by President Donald J. Trump to carry through ...

Washington: Gun-Free Zone Bill Scheduled for a Hearing on Monday

Friday, February 21, 2025

Washington: Gun-Free Zone Bill Scheduled for a Hearing on Monday

On Monday, February 24th, the Senate Transportation Committee will hold a hearing on Senate Bill 5098, a vast expansion to "gun free" zones in Washington. 

Good News, Bad News on ATF Director Dettelbach

News  

Monday, January 6, 2025

Good News, Bad News on ATF Director Dettelbach

It’s really just good news to report that Joe Biden’s director of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Steven Dettelbach, has announced his resignation.  

The Hearing Protection Act Introduced in the 119th Congress

News  

Wednesday, February 5, 2025

The Hearing Protection Act Introduced in the 119th Congress

U.S. Representative Ben Cline (R-VA-06) and U.S. Senator Mike Crapo (R-ID) recently reintroduced the Hearing Protection Act (H.R. 404/S. 364) in the 119th Congress. This commonsense legislation will give gun owners and hunters the opportunity to ...

Anti-Gun “Researchers” Face Harsh Reality

News  

Tuesday, February 18, 2025

Anti-Gun “Researchers” Face Harsh Reality

The reelection of President Trump is already paying great dividends for the Second Amendment, even at this early stage.  Beyond the obvious jettisoning of the most anti-gun administration to ever occupy the White House, we saw ...

Colorado: Final House Vote on Age Restriction Bill Imminent

Saturday, February 22, 2025

Colorado: Final House Vote on Age Restriction Bill Imminent

Late Friday night, House Bill 25-1133 passed its second reading on the House floor, and is expected to come up for a final vote on Monday, February 24th.

Virginia: Gun Control Bills Pass General Assembly, Head to Youngkin's Desk

Friday, February 14, 2025

Virginia: Gun Control Bills Pass General Assembly, Head to Youngkin's Desk

It has been a busy week in Richmond, and not for the right reasons. The House has passed a slew of anti-gun legislation, and these bills will now be transmitted to Governor Youngkin's office

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.