Biden Blocked on Gun Control

Once again, American voters proved the polls wrong, returning a mixed verdict on Election Day 2020 that denied either party a mandate. That's good news for gun owners.

As anticipated, Joe Biden appears likely to become president-elect after the Electoral College votes next month. However, he's very unlikely to achieve his promised ban on modern rifles, a $200 tax on standard capacity magazines, the elimination of internet sales of firearms and ammo, or removing liability protections for firearms manufacturers.

At this point in the time, the prospects of Republicans retaining control of the U.S. Senate are high. Republicans will control at least 50 Senate seats with the possibility of two more after Georgia holds its special election on January 5, 2021. Even if Democrats were to accomplish the improbable and win both Georgia seats giving Kamala Harris the tie-breaking vote, Senate Democrats would be reluctant to subject their more vulnerable members up for re-election in 2022 to controversial votes.

The same holds true in the U.S. House of Representatives where Republicans picked up at least five and possibly as many as 16 seats on Tuesday leaving Nancy Pelosi with a very small majority. She's unlikely to have the votes to pass any major gun control legislation.

On a more limited scale, executive orders remain an option for a president. But Biden would not risk any orders that could head to the United States Supreme Court where a new 6-3 conservative majority appears willing to issue a far reaching decision on self defense rights. The most we are likely to see from the federal level over the next two years would be expanded ATF restrictions on items such as pistol braces, ghosts guns, and binary triggers.

The results are much the same on the state level. The Michigan House of Representatives retained its pro-gun majority. Only two state House incumbents lost their seats -both Democrats. The Michigan Senate was not up for reelection this year. Districts will be redrawn next year by the new Independent Citizens Redistricting Commission. However, the historic trend heavily favors Republicans in 2022.

Perhaps the worst news for Michigan firearms owners was the Supreme Court flipping to a 4-3 liberal majority. While we were successful in winning an injunction against Benson and Nessel in their attempt to ban open carry at polling places, we will not be able to be as confident of victory next time in the Michigan Supreme Court. Speaking of open carry at the polls in Michigan, despite all the fear mongering and media type, there wasn't a single reported case of firearms-related voter intimidation.

Michael Bloomberg spent over $1 billion dollars this election, much of it through Everytown for Gun Safety, in an attempt to take control of state legislatures. He failed spectacularly across the county last week. Montana voters passed a pro-gun preemption measure despite it being heavily outspent by gun control groups. With a rapidly expanding and increasingly diverse population of legal gun owners in the United States, any new attempts at gun control will come at a heavy political cost.

Thank you for protecting legal gun ownership and self-defense rights with your ballot.