Trump’s Attempt to Reverse Biden’s Gun Policies: A Realistic Analysis

Trump’s Pledge to His Gun-Voter Base

One significant campaign trail promise made by President-elect Donald Trump to the gun-owning community is to dismantle all of former President Biden’s gun-control policies. While Trump’s enthusiasm for this is palpable, the process is complex and may not be as swift as his supporters hope. During the NRA’s Great American Outdoor Show, Trump succinctly conveyed his gun policy objectives, vowing to nullify any gun-owner and manufacturer attacks initiated by Biden “my very first week back in office”.

Initial Steps Towards Fulfilling the Pledge

Though Trump’s assertion is engulfed in typical Trumpian rhetoric, there are some actions by Biden that Trump can quickly reverse. The White House Office of Gun Violence Prevention, created by Biden using exclusive executive authority, is a stellar example. In fact, the National Shooting Sports Foundation has recently urged Trump to dissolve this office at the commencement of his tenure, a task he can easily accomplish. Furthermore, Trump can repurpose its mission to support the interests of gun owners or even reconstruct the office with personnel who are more understanding of gun rights.

Changes to the ATF

This reform potential extends to the ATF and its enforcement priorities under the incumbent administration. For instance, Trump could promptly discharge the current ATF director, Steve Dettelbach, mirroring a previous promise he made. Replacement of the director would mandate Senate confirmation. However, with the Republican Party’s clear majority, the appointment of a new, more constitutionally-aligned director could be manageable depending on the proposed candidate’s level of contentiousness. Before instituting the new director, Trump also has the capacity to assign an interim director and shift their enforcement priorities, mimicking his strategy from his initial term.

Challenges to Trump’s Pledge

On the other hand, attempts to dismantle the broader gun-control agenda instituted by Biden are more intricate and time-consuming. Some of Biden’s most significant gun-confining actions were administered through official ATF rules, such as his bans on selling used guns without a federal license, possession of self-assembled “ghost gun” kits, and usage of stabilizing braces on pistols. Overturning these rules is less straightforward as the procedure is often protracted and susceptible to legal challenges, per the Administrative Procedures Act (APA).

The Hurdles of Legal Challenges

Compliance to the APA is obligatory even when amending or repealing pre-existing rules unless an exception applies. The process involves notifying the public of the intended rule change, permitting the public a chance to comment on the proposed alteration, and finally establishing a conclusive rule to take effect after one month of the process completion. Apart from being time-consuming, this process is equally vulnerable to lawsuits like those that challenged Biden’s gun laws. Moreover, the Trump administration had previously run into legal issues with the APA when trying to undo some of President Obama’s executive orders, only to be deemed an “arbitrary and capricious” violation of the APA. These past complications hint that Trump may face similar legal challenges in changing Biden’s gun laws.

Limitations of Executive Action

All told, repealing all of Biden’s gun controls is not likely, even if Trump has some initial victories. The hardest obstacle to overcome is the Bipartisan Safer Communities Act, the first federal law to expand gun ownership restrictions in nearly three decades. Revoking it would necessitate another act of Congress, a seemingly impossible task given the slim Republican majority in both legislative chambers.

Conclusion: A Mixed Outcome for Gun Owners

Though there may be opportunities for quick changes to satisfy some factions of the gun-owning community, it should not come as a surprise if many of Biden’s policies withstand the Trump administration’s efforts. The intricacies and legal implications involved in completely reversing the prior administration’s gun-control policies seem insurmountable—while Trump may make headway, a total reversal is almost certainly off the table.

Originally Post From https://thereload.com/analysis-how-trump-can-and-cant-undo-bidens-gun-policies-member-exclusive/

Exploring the Scope of Trump Reversing Biden’s Gun Policies: A Comprehensive Analysis