Joe Neguse Promotes Nadler’s Incremental Gun Grab

The so-called “Protecting Our Kids Act,” introduced by Jerry Nadler, would make it illegal for 18-20-year-old Americans to purchase semi-automatic rifles that have the capacity to fire more than five rounds. Not mentioned in the bill is that these same young Americans can sign up to fight and die for their country while holding fully automatic rifles.

Colorado Rep. Joe Neguse fully supports the bill, which among other things bans so-called “ghost guns” (guns manufactured through alternate processes like 3D printing) and requires so-called “safe storage.” The bill’s language on safe storage is bizarrely subjective and unenforceable, with passages like (emphasis ours):

..it shall be unlawful for a person to store or keep any firearm that has moved in, or that has otherwise affected, interstate or foreign commerce on the premises of a residence under the control of the person if the person knows, or reasonably should know, that a minor is likely to gain access to the firearm without the permission of the parent or guardian of the minor; or a resident of the residence is ineligible to possess a firearm under Federal, State, or local law.

It is hard to imagine a more difficult to determine legal standard than “if a person reasonably should know.”

It is also notable that the text contains the language about “interstate or foreign commerce,” which is strategically inserted so the federal government can use the commerce clause to meddle in legal matters that rightfully belong to the state or local jurisdictions.

Following the “safe storage” language is the “Firearm Safe Storage Program,” where the proposed law recognizes the lack of jurisdiction over Native American tribes and instead offers money to coerce tribes to impose the same legal restrictions and penalties.

Joe Neguse claims that the above bill contains “common-sense changes for gun laws that will save lives,” yet the only possible change that would have affected the Uvalde shooter is the prohibition on buying semi-automatic rifles at 18 years old. Even if the “Protecting Our Kids Act” went into effect, the gun could be purchased by a 21-year-old would-be shooter with no problem.

The bill also bans the sale and possession of magazines or cartridges that can accommodate more than ten rounds, but only those not in possession before the bill comes into effect. Again, this provision applies only to activity that affects interstate commerce, so it’s possible a person could buy a 30-round magazine that doesn’t cross state lines.

Democrats likely know the bill has no chance of passing the Senate but may become valuable as a wedge against an ascendant Republican party in the 2022 midterms.