2A Newsletter: April 2nd thumbnail image

2A Newsletter: April 2nd

80 Percent Arms   |   Apr 2nd 2021

18 Attorneys General Write a Letter to Ban 80%’s

In an attempt to restrict you of your federal right to build and manufacture firearms, 18 attorneys general wrote a letter calling on Attorney General Merrick Garland to take federal action to ban 80%’s and require a serial number and background check on all lower receivers nationwide.

It is mentioned in this letter that the Philadelphia Police Department has seen ghost gun recoveries skyrocket from 13 in 2018 to 250 in 2020. This statistic is often used during debates on 80% lower receivers and neglects how many of those ‘ghost guns’ were actually 80% lower receivers and not stolen firearms with removed serial numbers. In just 5 years, over 43,883 guns were deemed as lost or stolen in Pennsylvania. It's pretty obvious that the problem in their community is theft - criminals stealing guns, not in criminals making them.

These 18 Attorneys General are also claiming the ATF’s interpretation that 80% receivers not be treated as firearms is inconsistent with Congress’s intent when it passed the Gun Control Act and with public safety priorities.

The letter is signed by attorneys general from Virginia, Connecticut, Delaware, the District of Columbia, Hawaii, Illinois, Iowa, Massachusetts, Michigan, New Jersey, New Mexico, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, and Washington.

You can read the letter here.

Biden wants to Take Executive action to enact Gun Control

Biden is pushing the Senate to pass the recent ant-gun legislation that was already passed by the House that would impact background check laws in the country. The two bills that he is calling on the Senate to pass are the Bipartisan Background Checks Act and the Enhanced Background Checks Act of 2021.

The first piece of legislation being the most crucial is the Bipartisan Background Checks Act. This bill would expand background checks on firearm sales on all firearm purchases, including gun show and online gun sales. The second bill Biden is urging the Senate to pass is the Enhanced Background Checks Act of 2021.Currently, the current background check time frame is 3 business days and gun sales are able to proceed after those 3 business days- even if a background check isn't completed in time. This bill would extend the background check review period from 3 business days to 10.

Biden also openly voiced his support for a ban on assault weapons and high-capacity magazines on Tuesday. While on the topic of legislative action biden stated “We should also ban assault weapons in the process.” Shortly after Biden made his statements, White House Press Secretary Jen Psaki mentioned that Biden was considering all options open to him, including working through legislations, including executive actions".

Then this Wednesday Psaki more recently claimed that the biden Administration is looking at "the legislation that’s out there, are there any gaps that need to be filled, policies or proposals that have been introduced in the past that could be reintroduced." and that "there are also executive actions under consideration that we will continue working through internally. And there's lots of levers you can take, obviously, as president and vice president."

Biden Urges the Supreme Court to allow Police Raids to Seize Guns without a Warrant

Without any regard to the Fourth or Second Amendment, the Biden Administration and 9 Attorney Generals are urging the Supreme Court to uphold warrantless gun confiscation.

The Biden Administration has been a huge fan of the ‘community caretaking’ exception which allows search and seizure without a warrant in cases that are deemed to benefit the public's interest- even if there is no reasonable suspicion that a crime is about to transpire. This Doctrine severely overlooks the security clause of the Fourth Amendment which provides the right of people to be secure in their own home.

One of the major issues with the community caretaking doctrine is that it not only would override the fourth amendment, it also doesn't even have any clear boundaries which would result in misconduct by the police and government.

Two lower courts sided with attorneys who argued “The Fourth Amendment does not prohibit law enforcement officers from diffusing a volatile situation in a home to protect the residents or others.” The DOJ also sides with this doctrine and believes that it is reasonable in limited circumstances, yet they dont state or mention what those circumstances are because again, there are no boundaries listed in this doctrine. 

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