OPINION: This article may contain commentary which reflects the author's opinion.
Vice President Kamala Harris became the latest Democrat to politicize a tragic mass shooting in order to stump for major new federal gun legislation.
A post by famed Georgetown University law professor Jonathan Turley on his blog began over the weekend by reminding readers that President Joe Biden has recently repeated false statements regarding the history of the Second Amendment while also failing to acknowledge the limits the amendment imposes while calling for a new law cracking down on so-called “assault weapons.”
That said, Turley noted that Biden has not called for an outright ban, however, “which would run into serious constitutional challenges.”
However, he noted that Harris has come forward instead with a demand to ban such weapons.
This…moron…lacks knowledge of this subject (guns) like she lacks a personality. No wonder she was the first to drop out of the 2020 Democratic presidential primaries (no one wanted her).
Meanwhile, lookit hubby dutifully nod… 🤦 https://t.co/lvCOwQFX4v
— Dr. Jonny Republic If You Can Keep It 🇺🇸 (@JonDougherty10) May 30, 2022
It should be noted, however, that a few Republicans are also backing such a ban, including Rep. Chris Jacobs (R-N.Y.), who told reporters as much over the weekend.
Republican Congressman Chris Jacobs @RepJacobs today announcing he would support an assault weapons ban that would ban the purchases of a gun like an AR-15: pic.twitter.com/k1DIIZ9awP
— Ryan Whalen (@RyanWhalenCT) May 27, 2022
“We are not sitting around waiting to figure out what the solution looks like. You know, we’re not looking for a vaccine. We know what works on this. Let’s have an assault weapons ban,” Harris told a reporter as she prepared to board Air Force 2 en route to Texas to attend funerals of some of the Ulvade victims.
“You know what an assault weapon is? You know how an assault weapon was designed? It was designed for a specific purpose – to kill a lot of human beings quickly. An assault weapon is a weapon of war with no place, no place in a civil society,” Harris lamented
Turley countered:
Politicians often use the term “assault weapon” to refer to the AR-15 and similar models of firearms. These civilian models are not automatic weapons (which are illegal for sale for most citizens). As discussed earlier, the AR-15 is the most popular gun in America and the number is continuing to rise rapidly, with one AR-15 purchased in every five new firearms sales.
These AR-15s clearly are not being purchased for armored deer. Many are purchased for personal and home protection; it also is popular for target shooting and hunting. Many gun owners like the AR-15 because it is modular; depending on the model, you can swap out barrels, bolts and high-capacity magazines, or add a variety of accessories. While it does more damage than a typical handgun, it is not the most powerful gun sold in terms of caliber; many guns have equal or greater caliber.
Nevertheless, Vice President Harris declared that this “weapon of war” that has “no place in civil society.”
Turley noted that he has written on the subject in the past, noting that politicians fail to understand there are limits posed by the Second Amendment as well as controlling case law regarding the adoption of radical measures like gun bans.
“While there are good-faith objections to how the Second Amendment has been interpreted, the current case law makes such bans very difficult to defend. In 2008, the Supreme Court handed down a landmark ruling in District of Columbia v. Heller, recognizing the Second Amendment as encompassing an individual right to bear arms,” he wrote.
Also: The effort to ban AR-15s often fails to clearly distinguish the weapons from other semi-automatic weapons in terms of caliber or rate of fire. There are also obvious practical problems.”
Turley also noted that there are roughly 15 million ‘assault weapons’ in the hands of private citizens, and a ban would mean many would have to be confiscated.
Turning to the courts, Turley also noted that federal rulings have generally overturned gun control measures on constitutional grounds, and that the current Supreme Court has a gun rights case pending that is likely to strengthen the individual right.
“However, there are things that we can do like address the lack of funding for mental illness treatments in this country,” Turley noted in conclusion. “That will require politicians who are willing to work on the basis of the realities rather than the rhetoric surrounding this national crisis.”
