We cherish freedom of speech in this country. We even protect the ability of those in Congress to speak freely, even exempting them from arrest or questioning about what they say in either the House or Senate. But what Rep. Henry Johnson Jr. (D-GA-4) and his 18 cosponsors have proposed in H.R. 5717 is not only a violation of the law, but a violation of the very purpose of the federal government as stated in the U.S. Constitution.
H.R.5717 – Gun Violence Prevention and Community Safety Act of 2020
To end the epidemic of gun violence and build safer communities by strengthening Federal firearms laws and supporting gun violence research, intervention, and prevention initiatives.
H.R. 5717
Let’s start with the reason for this bill: “To end the epidemic of gun violence.” Well, Mr. Johnson, you’re too late. The “epidemic” of gun violence is already over except in large cities, especially those with strict “gun control” laws. According to FBI statistics, both murder and violent crime as a whole are down over the last decade. While every crime is a tragedy to those involved, claiming there is an “epidemic of gun violence” is not only fraudulent, but it ignores the number of times a gun is used to save lives and protect the innocent.
Which brings me to the “build safer communities” Mr. Johnson claims his bill will promote. How does keeping life-saving tools out of the hands of law abiding citizens make them safer? Do you really think the store owner, the person walking down the street, or the mother at home will be safer if they have to wait for the police to arrive and save them from a violent criminal? Do these congressmen believe that violent criminals will abide by these laws they want to put in place? If that were the case, why don’t they focus their ire on those committing the gun violence rather than the innocent everyday American? It appears Mr. Johnson and his cosponsors are simply ignoring facts they find inconvenient.
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
U.S. Constitution, Amendment II
INFRINGE: To break, as contracts; to violate, either positively by contravention, or negatively by non-fulfillment or neglect of performance.
Webster’s 1828 Dictionary
The Constitution that Mr. Johnson and his cosponsors swore to support clearly states that the right to keep and bear arms shall not be infringed. It shall not be broken or violated, either by contravention or neglect of performance. Yet the first thing Mr. Johnson wants to do in his legislation is infringe on your right to own firearms by making you get permission from the federal government to exercise that right.
Federal Firearm Licensing
“(a) In General.—Except otherwise provided in this section, it shall be unlawful for any individual who is not licensed under this section to knowingly purchase, acquire, or possess a firearm or ammunition.
H.R. 5717 – Title I
In short, you will not be able to own or even possess a firearm unless you get a license from the federal government. Imagine if you needed the fed’s permission to exercise any other right? Imagine I needed a federal license to post this article, or that you needed one to speak in public. What if you needed the government’s permission to petition that government for a redress of your grievance, or to practice your religion as you see fit? I doubt most of us would stand for that, but Mr. Johnson expects us to come to him and the rest of those we have hired to represent us, and beg permission to exercise our unalienable right to self defense with whatever tools we deem necessary. This bill, should it become law, is not only a violation of the supreme law of the land, it is a poke in the eye to the idea of the rule of law.
Background Check Reform
Beginning on the date that is 180 days after the date of enactment of the Gun Violence Prevention and Community Safety Act of 2020, it shall be unlawful for any person who is not a licensed importer, licensed manufacturer, or licensed dealer to transfer a firearm to any other person who is not so licensed, unless a licensed importer, licensed manufacturer, or licensed dealer has first taken possession of the firearm for the purpose of complying with subsection (s).
H.R. 5717 – Title II
After insuring you get the government’s permission to own a firearm, Mr. Johnson wants to make sure you get their permission to buy or sell one as well. Ignoring the inconvenient fact that any sale that takes place within a state’s borders is not subject to federal regulation (Article I, Section 8, Clause 3), we once again have Congress attempting to violate our unalienable right to live free by requiring we get their permission before we engage in commerce. Anyone who believes that those who commit the violent crimes Mr. Johnson claims to be so concerned about would follow such a law shows a serious inability to grasp reality. Face it, folks, these two sections of the law have nothing to do with controlling violent crimes. Instead, they are about controlling the American people.
MINIMUM AGE FOR PURCHASING FIREARMS AND AMMUNITION
for any person to transfer, sell, trade, give, transport, or deliver any firearm or ammunition to any person who the transferor knows or has reasonable cause to believe is less than 21 years of age
H.R. 5717 – Title III, Section 303
Not only does Mr. Johnson believe you need to get the federal government’s permission to own a firearm, he believes they are best able to determine when you are old enough to do so. Since the Constitution does not give the federal government any authority to regulate arms, this is another violation of the Tenth Amendment’s prohibition against exercising powers not delegated to them by the Constitution.
EXTREME RISK PROTECTION ORDERS
The Director of the Office of Community Oriented Policing Services of the Department of Justice shall establish a program under which, from amounts made available to carry out this section, the Director may make grants to eligible entities to assist in carrying out the provisions of the legislation described in this section.
H.R. 5717 – Title IV, Section 401
I’ve talked before about the illegal aspects and outright dangers of Red Flag laws, their abuse, and even previous attempts of those in Congress to bribe states to enact them. So I’m not surprised to see Mr. Johnson trying to add to this list of abuses of power to use legislation not authorized by the Constitution, to spend money beyond what Congress is authorized to by the Constitution, and to persuade states to enact unconstitutional and illegal laws prohibited by the Constitution. I know you’re not supposed to repeat a word so often in a sentence, but I want you to see just what Mr. Johnson is proposing in this legislation. It’s nothing less than the subversion of self-government, the rule of law, and lacks any shred of concern for what the Constitution, the supreme law of the land, says.
ASSAULT WEAPONS AND FIREARMS SILENCERS AND MUFFLERS BAN
It shall be unlawful for a person to import, sell, manufacture, transfer, or possess, in or affecting interstate or foreign commerce, a semiautomatic assault weapon.
H.R. 5717 – Title V, Section 502
Mr. Johnson and his cosponsors don’t want you to be able to possess certain firearms. Based on what is in the bill, it’s not a question of lethality, a history of being used in crime, or any other logical or rational reason. It appears Mr. Johnson just doesn’t like these guns, and doesn’t think you should have them. Furthermore, he believes the government has the authority to tell you what you can and cannot own. And scary weapons is not all he’s coming after, but firearm mufflers and magazines as well. So Mr. Johnson, now you have proven you don’t care what the Constitution says, tell me how putting a muffler on a firearm makes it less lethal? How does helping to protect the hearing of millions of American gun owners supposed to make them dangerous criminals? And how is limiting the size of certain magazines supposed to keep us safe? Whether through ignorance, arrogance, or both, it’s men like Mr. Johnson that are making communities less safe.
FIREARM TRAFFICKING
It shall be unlawful to sell, transfer, or otherwise dispose of a firearm, in of affecting interstate or foreign commerce, to any person who is not licensed under section 923 knowing or having reasonable cause to believe that such person purchased a firearm during the 30-day period ending on the date of such sale or disposition.
H.R. 5717 – Title VI
Heaven forbid you should go to the gun store and see more than one firearm you want to purchase. Or, as I have done in the past, purchased matching firearms for myself and a family member. This is just another part of this abominable legislation meant to regulate the American people.
And don’t let that “affecting interstate commerce” language fool you. Congress has the authority to regulate interstate commerce, not anything that affects it. This is a naked attempt to make it appear this pile of junk is being made pursuant to the Constitution.
DEALER REFORM
Not later than 1 year after the date of enactment of this subsection, the Attorney General shall prescribe such regulations as are necessary to ensure that any premises at which a licensed dealer deals in firearms are secure from theft, which shall include requiring—
H.R. 5717 – Title VII
“(1) compliance with the security plan submitted by the licensed dealer pursuant to section 923(d)(1)(G);
“(2) the use of locked metal cabinets and fireproof safes;
“(3) security systems, video monitoring, and anti-theft alarms;
“(4) security gates, strong locks, and site hardening; and
“(5) concrete bollards and other access controls, if necessary.”.
Mr. Johnson and his cosponsors not only don’t believe you’re responsible enough to exercise your right to keep and bear arms, they also don’t believe gun stores know how to safely store their inventory. Once again, Mr. Johnson simply ignores the fact that the Constitution does not delegate to Congress the authority to regulate businesses.
Mandated Annual Inspections Of High Risk Licensed Dealers, Triennial Inspections Of Other Licensed Dealers.—Section 923(g)(1) of title 18, United States Code, is amended by adding at the end the following:
“(E) (i) The Attorney General shall, without such reasonable cause or warrant—
“(I) annually inspect or examine the inventory, records, and business premises of each licensed dealer whom the Attorney General determines is a high-risk dealer (based on the considerations used to do so as of the date of the enactment of this sentence); and
“(II) triennially inspect or examine the inventory, records, and business premises of any other licensed dealer that the Attorney General determines is not a high-risk dealer.
H.R. 5717 – Title VII
Here Mr. Johnson wants to simply ignore the Fourth Amendment completely by ordering the Attorney General, without reasonable cause or warrant, to inspect (i.e., search) the business records of firearm dealers on a regular basis.
INDUSTRY REFORM
Sections 2, 3, and 4 of the Protection of Lawful Commerce in Arms Act (15 U.S.C. 7901, 7902, and 7903) are repealed.
H.R. 5717 – Title VIII
While often referred to as ‘firearm manufacturers being exempt from consumer protection laws’, what this law actually did was protect them from malicious suits. Several organizations and cities attempted to put firearms manufacturers out of business by suing them, claiming they were responsible for the illegal use of their legal product. Imagine someone suing Ford or Chevrolet because a drunk driver killed someone while operating one of their vehicles? Imagine if the manufacturer of the truck used in the Oklahoma City bombing could be held responsible for the lives lost? Those who don’t want the people to own firearms have been misrepresenting and abusing this law since its inception. Now Mr. Johnson and his cosponsors want people to be able to sue companies who have made a legal product, without defect, simply because some third party used it for illegal purposes. This is simply a vindictive and reprehensible attempt to manipulate the law and to target a specific industry for destruction.
“There is hereby imposed upon the sale by the manufacturer, producer, or importer of the following articles a tax equivalent to the specified percent of the price for which so sold
H.R. 5717 – Title VIII
And of course, no sweeping attempt to subvert the Constitution would be complete without imposing another illegal tax. Congress has no authority to tax sales, only imports. But hey, Mr. Johnson and his crew have spent so much time finding ways to trash the very law that created their offices, why should we be surprised at just one more?
Conclusion
It’s hard for me to describe just how vile and disgusting this piece of legislation is. I don’t think there is one title in it that does not treat the U.S. Constitution like a piece of toilet paper to be used and thrown away. I do not use that metaphor lightly. This legislation overturns the rule of law, subverts the blessings of liberty, and treats the American people like subjects of a kingdom rather than citizens of free states. This is yet another step in the destruction of the experiment in self-government started almost 250 years ago. While not technically treason, this is as close to declaring war on the American Republic as just about any legislation I’ve reviewed on this website. These people who claim to represent the citizens of their districts are acting like rulers over them, and this legislation protects no one while trampling on the rights and liberties of millions of Americans. These people are not acting like representatives in a constitutional republic, but like an aristocracy telling the people what they can do and how they can live.
If you live in the Georgia 4th district, or the district of any of the cosponsors, I want to ask you several questions. Do these people truly represent you? Do you want to live in a free country governed by laws, or one ruled by Washington, D.C. and governed by the whim of these men and women? What good are your rights if you won’t stand up and defend them? Even if you don’t like guns, are you willing to become serfs to a ruling class who can take away any of your rights by simply passing some legislation? Because if they can do this to your right to keep and bear arms, they will one day do it to your right to freedom of religion, speech, press, assembly, petition, security from unreasonable search & seizure, trial by jury, assistance of counsel, private property, etc., etc., etc.
