Apparently, the people at Everytown for Gun Safety, the anti-Second Amendment zealots funded by billionaire Michael Bloomberg, believe the presidency is a sort of kingship, one where a president can write his or her own laws at will, even though these laws would clearly be contrary to the U.S. Constitution. Recently, Everytown released a “roadmap” for the gun-control actions the group wants Joe Biden to take—“outlining ways the Biden administration can address gun violence through executive action,” to be precise—that would help gut the Second Amendment.
And these actions, as NRA-ILA noted, are illegal! A key statement from Everytown’s roadmap: “The President can also declare gun violence to be a public health emergency, opening a broad set of powers to accelerate steps to prevent gun violence.” With a public-health “emergency” ploy set in place, Biden, Everytown argued, could then use executive actions to “swiftly enact executive orders that would regulate the tracking of homemade firearms, require background checks for virtually all gun sales and mandate dealers notify the F.B.I. when they complete gun sales before completing a background check,” according to The New York Times. Under federal law, a Federal Firearms License (FFL) holder must run a federal background check before the FFL can transfer the firearm to the buyer, with some exceptions for those purchasers who have proof of being exempt from the requirement; such as those with a qualifying state-issued carry permit. The background check is supposed to be “instant,” or as close as practicable, as in the FBI’s National Instant Criminal Background Check System (NICS). Of course, “instant” may not always be possible to deliver on, and so the same federal law gives NICS a three-business-day leeway. If, after those three business days, NICS has not denied the applicant, the FFL can transfer the firearm to the buyer at their discretion. [full article]