Republicans and gun rights supporters are crying foul over what they say is collusion between the Biden administration and the Department of Justice, in an alleged illegal effort to bribe states into restricting Second Amendment rights.
Seven GOP senators and 26 House members voiced their concern in a letter on July 17 that was sent to Assistant Attorney General Amy Solomon and DOJ Director Karhlton Moore.
GOP members of Congress and the pro-Second Amendment crowd say the Bipartisan Safer Communities Act is being misused. President Joe Biden signed the act in June 2022.
The law—among the most significant gun control measures in decades—was created in the wake of the mass shootings in May 2022 in Buffalo, New York, and Uvalde, Texas, that in total killed 31 and injured 21.
As provided for in the legislation, states can apply for and receive federal money to implement what are called “extreme risk protection” or “red flag” laws, which enable courts to impose a temporary suspension of a person’s access to firearms if they may use a gun to commit violence.
Another major component of the law is funding mental health treatment and crisis intervention.
Protest and Opposition
Republicans and pro-gun advocates still disagree with the law and call any red flag or gun confiscation legislation unconstitutional.What has further stoked the ire of Republican lawmakers and Second Amendment backers is that they say the DOJ has sent “red flag” money to states that did not request the cash, nor have an interest in implementing red flag laws, in pursuit of incentivizing pro-gun states into curtailing gun rights.
“Since the passage of the Bipartisan Safer Communities Act, no states have revised their statutes to comply with the ‘due process’ requirements imposed by the 117th Congress,” wrote the Senate and House members in the letter. “Nevertheless, the Bureau of Justice Programs has funded every state that applied with a ‘red flag’ gun confiscation law on the books without enforcing Congress’ “due process” requirements. The federal government should have no part in funding state level gun confiscation programs which violate the due process rights of gun owners.”
The lawmakers added, “Disturbingly, several states and territories without “red flag” laws on the books have been granted funding for the creation and implementation of such programs—including Arizona, Arkansas, Kansas, Minnesota, and West Virginia.”
Passing the Bipartisan Safer Communities Act
Both chambers of Congress worked across the aisle to pass the Bipartisan Safer Communities Act.On June 23, 2022, the Senate approved the bill 65–33. The House passed the bill the next day, 234–193.
As the vote in Congress neared, those Republicans who said they would break ranks to approve the bill were criticized by members of their party as being Republicans in name only.
The day before the Senate vote, Rep. Lauren Boebert (R-Colo.), co-chair of the Second Amendment Caucus, said at a press conference: “We all know that Bernie Sanders is going to vote to take away your guns. He ran on that platform. But I do think that it’s surprising some of the other 14 senators who ran on preserving Second Amendment rights, have decided to turn their back on their commitment.
“I’m sure we’ll even see some in the House, unfortunately, who have touted their support of the Second Amendment and Americans to have the right to keep and bear arms and they will fold.”
Mr. Biden signed the law on June 25, saying: “While this bill doesn’t do everything I want, it does include actions I’ve long called for that are going to save lives. It funds crisis intervention, including red-flag laws. It keeps guns out of the hands of people who are a danger to themselves and to others.”
