The Biden administration is back at it again, pushing more gun control under the guise of public safety. The latest offering from the Department of Justice (DOJ) comes in the form of two new “rules” purportedly aligned with the Bipartisan Safer Communities Act (BSCA). If you’re wondering how these rules are supposed to make Americans safer, let me save you the suspense—they won’t. Instead, they’re another hollow attempt to undermine the Second Amendment and distract from real solutions.
Let’s not forget how we got here. The BSCA was ushered through Congress, with 15 so-called Republicans led by Senator John Cornyn (R-TX) abandoning their base to support this Democrat-driven agenda. These political turncoats justified their betrayal as an emotional response to the Uvalde tragedy—a devastating event that claimed the lives of 19 children and two adults.
If my tone seems harsh, understand this: it’s not for lack of empathy. It’s out of frustration with ineffective policies that do nothing to prevent such atrocities. Not one provision in the BSCA would have stopped the Uvalde shooter. Yet, taxpayer dollars and political capital were squandered on a law that does little more than provide talking points for the gun control lobby.
Here’s an idea: how about we actually focus on preventing these tragedies? Armed and well-trained teachers, fortified school security measures, and mental health resources could save lives. But those solutions don’t fit the anti-gun narrative, do they?
The New “Rules” That Do Nothing
The DOJ’s first proposed rule, the “Firearm Handlers Rule,” would allow Federal Firearm Licensees (FFLs)—your local gun stores—to use the National Instant Criminal Background Check System (NICS) for employment screening. Under current law, FFLs can only run NICS checks for firearm transfers. The new rule would expand this to include background checks for employees who handle firearms, ammunition, or related materials.
The second rule, dubbed the “Under-21 Rule,” takes aim at young adults. It proposes enhanced NICS checks for firearm buyers under 21, requiring the FBI to contact state and local agencies to uncover juvenile criminal or mental health records. The problem? Many of these agencies aren’t obligated to respond. In some states, they’re even prohibited from doing so.
Let’s address the elephant in the room: neither of these rules would have prevented the Uvalde shooting. The Under-21 Rule, for instance, rests on the assumption that stricter background checks for 18-to-20-year-olds will stop violent crimes. But criminals don’t follow legal channels to acquire firearms. They steal them, buy them on the black market, or coerce others into making straw purchases. It’s like setting up a toll booth in the middle of a dirt road and expecting it to stop traffic.
Regulation by Fiat
The most troubling aspect of these rules isn’t just their ineffectiveness—it’s their legality, or lack thereof. These so-called rules attempt to change laws, a power reserved for Congress. The DOJ is sidestepping the legislative process by framing these as regulatory updates tied to the BSCA. This tactic isn’t just questionable; it’s unconstitutional.
The courts have already pushed back against this type of overreach. Recent rulings have struck down similar rules from the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), citing violations of the Administrative Procedures Act (APA). Judges have also rejected Chevron deference, the legal precedent that once allowed agencies to interpret laws as they saw fit.
The DOJ hopes to dodge legal challenges by tying these rules to the BSCA, but make no mistake—this is regulatory overreach dressed up as compliance.
A Glimmer of Hope
There’s a silver lining to this debacle. The public comment period for these rules will push their implementation into 2025, under the next administration.
Trump has already signaled his commitment to protecting gun rights. If he stays true to his promises, these proposals—and other infringements on Americans’ right to bear arms—could be relegated to the ash heap of history.
The Bigger Picture
At its core, this is about more than just two ineffective rules. It’s about a pattern of exploiting tragedy to advance an agenda that chips away at constitutional rights. The anti-gun crowd is relentless, and they’ll keep pushing until Americans are disarmed and defenseless.
We can’t afford to be complacent. Real solutions to gun violence require thoughtful, effective policies that address root causes—not knee-jerk regulations that punish law-abiding citizens. Whether it’s securing schools, improving mental health resources, or holding criminals accountable, there are ways to protect communities without infringing on the rights of responsible gun owners.
The DOJ’s latest rules? They’re just political theater. But with vigilance and resolve, we can ensure they don’t become a reality. Let’s hold the line and fight for the Second Amendment—for our safety, our freedom, and our future.
