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Will Congress block Biden from pulling a Grisham?

AP Photo/Alan Diaz, File

New Mexico Gov. Michelle Lujan Grisham decided to be clever and banned all lawful carry in Albuquerque. It was a short-lived effort, lasting about a week before the pressure forced her to revamp her “public health” order.

Yet some have been worried that others might pull the same stunt, including President Joe Biden.

It’s not the most likely concern considering how Grisham got smacked down so hard for what she tried to pull, but let’s not forget that the White House has been beating the “public health crisis” drum on so-called gun violence for a while now and the president loved him some lockdowns during COVID.

With those two facts in mind, it’s not difficult to be concerned that he just might give it or something like it a try.

And that’s why a particular bill was recently introduced.

U.S. Senator Cynthia Lummis (R-WY) joined Senator Mike Braun (R-IN) and 19 of her colleagues in introducing the Protecting the Right to Keep and Bear Arms Act which would prevent the President and the Secretary of Health and Human Services from declaring a public health emergency to impose gun control. The bill would serve as a firewall to protect the Second Amendment rights of people in Wyoming from the anti-gun activists in the Biden administration.

“President Biden cannot be allowed to manufacture a crisis as an excuse to confiscate guns from law abiding Wyoming citizens,” said Lummis. “The Protecting the Right to Keep and Bear Arms Act affirms that the federal government cannot infringe on Wyoming gunowners’ freedoms. Gun ownership boosts safety and any attempt to limit gun ownership is a win for criminals.”

The bill does essentially two things. First, it makes it so that pretty much no one in the federal government can declare a public health emergency as a way to impose gun control. Not the President, not a member of the cabinet, no one.

Next, it prevents any government official from prohibiting the manufacturing or transferring of firearms during an emergency.

That last exists in several states and has since Hurricane Katrina. Seeing it at the federal level is a good thing, as is the prohibition against government officials using public health crisis powers to bypass both Congress and the Constitution to restrict our right to keep and bear arms.

Now, I won’t say that Biden is thinking about this. I can’t say that Biden is thinking at all, for that matter.

But we’d be remiss if we assumed the political beating Grisham got was sufficient to dissuade someone like Biden or some other anti-gunner that might occupy the Oval Office. Sooner or later, someone is going to try something like this again. At least this bill prevents it from being at the federal level.

Now the question is whether or not this bill has a hope in hell of passing.

The answer is that it probably doesn’t, and that’s a shame. This should pass and it should pass with bipartisan support. Even Democrats in Congress should worry about a president or anyone in the executive branch essentially bypassing the legislative branch entirely, all to impose rules and regulations that our elected representatives didn’t vote on.

Further, if one set of rights is restricted due to some “emergency,” then what’s to stop someone from declaring others restricted due to that same emergency?

Even something that’s not really a right, but some want to believe it is, could face regulation well beyond what lawmakers would allow.

Drawing the line here and now prevents that, so yes, even anti-gunners should be on board with this.

The problem is that most won’t, so while this might get through the House, it won’t make it through the Senate, much less be signed by Biden.