House Judiciary Committee chairman Rep. Jerry Nadler (D-N.Y.) confessed that the function of a restored congressional effort to pass a federal ‘assault weapons’ restriction is to disallow rifles that are in “common use.” His admission might appear apparent, but a committee Republican rapidly pointed out that Nadler’s declaration reveals how the bill flagrantly violates Supreme Court precedent on the Second Amendment.
The judiciary committee held a markup hearing for H.R. 1808, the Assault Weapons Ban Act of 2021. The legislation would prohibit AR-15 rifles and other so-called “assault weapons,” in addition to high-capacity publications. It follows a wave of high-profile mass shootings in current weeks, consisting of at a grocery store in Buffalo, New York; a grade school in Uvalde, Texas’ and a Fourth of July parade in Highland Park, Illinois.
Triggered by these shootings, Congress passed bipartisan legislation that incentivizes states to enact “red flag” laws to take weapons far from unsafe individuals, reinforces background look for weapon purchasers under the age of 21, and funds psychological health resources. Joe Biden and other Democrats think these steps did not go far enough and have actually pressed to restore the highly restrictive 1994 federal assaultweapons ban that ended in 2004.
“As we have learned all too well in recent years, assault weapons—especially when combined with high-capacity magazines—are the weapon of choice for mass shootings,” Nadler said in his opening remarks Wednesday. “These military-style weapons are designed to kill the most people in the shortest amount of time.”
Judiciary Committee Republicans are staunchly opposed to the bill and positioned themselves in front of signs that read, “Shall Not Be Infringed” throughout the hearing. They state prohibiting AR-15 rifles would breach the Second Amendment by making it unlawful to own one of the most popular rifles in America. More than 4.5 million AR- and AK-style rifles were lawfully bought by American civilians given that 2020, according to an estimate from the National Shooting Sports Foundation.
At one point, Rep. Dan Bishop (R-N.C.) challenged Democrats on whether their proposition would prohibit guns that remain in “common use” in America.
“Would anyone on the other side dispute that this bill would ban weapons that are in common use to the United States today?” Bishop asked, offering to yield to any Democrat who would answer that question.
Nadler answered, “That’s the point of the bill.”
“To clarify, Mr. Chairman, you’re saying it is the point of the bill to ban weapons that are in common use in the United States today?” Bishop followed up.
“Yes, the problem is they are in common use,” Nadler said.
Bishop: "Is there any Democrat that would dispute that this bill would ban weapons that are in common use?"
Nadler: "That's the point of the bill."
Bishop: "So it is the point of the bill to ban guns that are in common use?"
Nadler: "The problem is they are in common use." pic.twitter.com/ya1snfokaM
— Greg Price (@greg_price11) July 20, 2022
In District of Columbia v. Heller, the Supreme Court established the “common use” test to identify whether specific guns are secured by the Second Amendment. The concern the court utilizes to assess weapons restrictions is whether the targeted guns remain in “‘common use’ … for lawful purposes like self-defense.'”
Second Amendment supporters argue that since AR-15 rifles are commonly owned by legal weapon owners, laws that would prohibit them fail the Supreme Court’s test. Bishop made that argument throughout Wednesday’s hearing.
“I wonder whether the chairman knows, I think the chairman does know, that there are more than 20 million AR-15s in the United States. That’s in ‘common use,’ and in fact the chairman of course know that because the chairman readily conceded, in fact, the chairman said it is the purpose of the majority’s bill to ban weapons that are in common use in the Untied States,” Bishop said.
“That flies in the face, that is an absolute confrontation with the United States Supreme Court,” he added.
Jerry Nadler says the quiet part out loud: the purpose of this bill is to BAN weapons that are in common use.
This flies in the face of the Constitution, and Dems aren't honest enough to admit that they won't stop here. pic.twitter.com/fmuK6NenXZ
— Rep. Dan Bishop (@RepDanBishop) July 20, 2022
H/T The Blaze
