Usa news

John Seiler: The tide is turning against state-level gun bans

In Federalist 46, James Madison wrote a key to liberty was “the advantage of being armed, which the Americans possess over the people of almost every other nation.” By contrast, European “governments are afraid to trust the people with arms.” Shortly after, in his first message to Congress on Jan. 8, 1790, President George Washington urged, “A free people ought not only to be armed but disciplined.”

Although I’ve taken issue with President Donald Trump on many issues lately, he deserves kudos for further protecting our Second Amendment “right to keep and bear arms” through administrative actions and lawsuits. How appropriate it’s happening in the year our country celebrates its 250th year of independence from those countries so “afraid” to trust their own people with guns.

On July 5, the day after the fireworks, The New York Times lamented a “drastic retrenchment at the Bureau of Alcohol, Tobacco, Firearms and Explosives,” ending more than three dozen gun regulations, which supposedly come “at the expense of public safety.”

The actions have been taken by Robert Cekada, confirmed in April as the new head of the ATF. At his confirmation hearing, Cekada affirmed, “ATF’s mission is not to burden lawful gun owners or undermine the Second Amendment.” The Founders would be proud.

Adam Wilson, the director of Gun Owners of California, dismissed the Times’ alarmism. He said, “Actually, it’s a welcome rollback of gun restrictions imposed during the Biden administration.”

He pointed to a key proposed change that involves the retention of gun-purchasing records sent to the National Tracing Center by federal firearms licensees. In a notice welcoming public comments until Aug. 4, the ATF announced it “is proposing these records be retained for a specific period rather than indefinitely, and is considering either 20 or 30 years for the specified period.”

The current retention “essentially creates a permanent database of gun records,” Wilson said. “Our organization is strongly against that. It would be better if they didn’t retain the records at all.” Indeed, the whole purpose of the background checks is to make sure gun sales don’t go to felons or terrorists, not to become a permanent Orwellian database on our free people. Artificial intelligence developments also will make cracking these databases easier.

July 1 brought two new developments. The Trump administration sued Virginia and California over state bans on Glock and Glock-style pistols that went into effect on that date. In the 2008 Heller case and the 2022 Bruen case, the Supreme Court strongly upheld the Second Amendment as a personal right. But these state laws try to get around that by banning certain gun features.

The California law at issue, Assembly Bill 1127 from 2025, specifically bans guns with “a cruciform trigger bar” because it can be converted “into a machine gun … by the installation or attachment of a pistol converter.”

The strategy is California and other states keep changing the rules, forcing private groups to bring expensive lawsuits. For example, another case pending before the court is Duncan v. Bonta, which seeks to overturn California’s ban on magazines with more than 10 rounds. 

And on July 1, the court granted certiorari in the Viramontes v. Cook County case, which challenges Illinois’ ban on the popular AR-15 and similar semiautomatic rifles.

“The Supreme Court is going to have to use very distinct, defined language so states like California can’t circumvent previous rulings,” Wilson said. If it does so, California will have to “substantially change its laws to comply with the court.”

This November, California voters also will have a say. Attorney General Rob Bonta is the “Bonta” in the Duncan and other gun-control cases. He is seeking re-election against Republican Michael E. Gates, who is supported by Gun Owners of California and other gun groups.

Gov. Gavin Newsom, who in 2024 boasted of signing two dozen gun-control bills, is leaving office. Running to replace him, Democrat Xavier Becerra pushed gun control when he was attorney general from 2017 to 2021. His opponent, Republican Steve Hilton, promises to “take immediate action to restore Second Amendment rights in California.”

Voters seldom get a choice this clear.

John Seiler is on the SCNG Editorial Board

Exit mobile version