Hey there, fellow firearm enthusiasts! It seems like the news cycle never stops surprising us. One recent buzz is about none other than Donald Trump expressing an interest in owning a Glock handgun. So what's the big deal with the former President showing interests in a Glock handgun customized with his likeness? Well, because of his current legal issues, some in the “get Trump at any cost” camp, claim that a video and social media post by someone associated with Trump prove he committed a felony. Is that really what happened?
Let's look deeper into the gun laws and regulations in play.
Donald Trump and His Interest in Firearms:
We all know Donald Trump as a man who's not afraid to voice his opinions. While visiting South Carolina, he visited a local gun store to admire a special edition Trump Glock 19 9mm handgun. This has sparked a conversation about gun ownership in the United States.
In the video, Donald Trump repeatedly says that he want's one of the nifty 9mm pistols that bears an image of his face, “Trump 45,” and “Make America Great Again.” It's hard to fault the guy for expressing interest in the gun. However, there is just one problem.
The former President in under felony indictment, and therefore prohibited from purchasing a firearm. One of Donald Trump's associates posted, and later removed, the video on social media and claimed that Donald Trump Bought a handgun. People were quick to recognize the legal issue Mr. Trump would be in if he had purchased the gun. However, it's nearly impossible to think that anyone in America doesn't know about the felony indictments against Donald Trump, including every gun store employee in that South Carolina store.
Those employees would know that like everyone else who purchases a firearm from a dealer, Donald Trump would need to complete ATF form 4473.
Check out the video below.
Navigating Gun Laws and ATF Form 4473:
In the United States, one of the key documents in the process is the ATF Form 4473. This form is required for all firearm purchases through licensed dealers and helps ensure that buyers meet the legal criteria for ownership.
The ATF Form 4473 collects vital information about the buyer, including identification details, background check questions, and a certification of the firearm's legality. It's a crucial component of responsible gun ownership, intended to keep firearms out of the hands of those who shouldn't have them.
One of the questions on the form is:
Are you under indictment or information in any court for a felony, or any other crime for which the judge could imprison you for more than one year, or are you a current member of the military who has been charged with violation(s) of the Uniform Code of Military Justice and whose charge(s) have been referred to a general court-martial? –emphasis added–
If President Trump answered “no” he would commit a felony.
Hunter Biden's Felony Indictment:
Recently, and only after efforts to hide the crime, federal prosecutors charged President Joe Biden's son Hunter with lying on a 4473. Hunter is and was a known drug addict and, as such, prohibited from purchasing a firearm. Yet, when completing the ATF form 4473, he lied when answering the following question:
Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance? Warning: The use or possession of marijuana remains unlawful under Federal law regardless of whether it has been legalized or decriminalized for medicinal or recreational purposes in the state where you reside. –emphasis added–
This case highlights the importance of accurately and truthfully completing the form, as any false statements can have serious legal consequences. Even though Hunter will likely face little to no punishment even if convicted, the law exists and serves as a stark reminder of the significance of adhering to the law when it comes to firearms.
But should a felony indictment alone bar someone from being able to purchase a firearm? This is a question before the United States Supreme Court in case US v. Quiroz.
Trump May Be Able to Purchase a Gun After All:
Trump didn't actually purchase the firearm, but he, along with others who have been indicted, may be able to in the future.
In US v. Quiroz. the defendant, Jose Gomez Quiroz, purchased an 1911 .22 caliber handgun. At the time, Quiroz was under federal indictment for burglary. The court convicted him for the illegal purchase. Quiroz challenged the verdict, saying that it violated his Second Amendment rights.
US District Judge David Counts, ruled in favor of Quiroz. Judge Counts said that in light of the Supreme Court’s decision in New York State Rifle & Pistol Association v. Bruen:
Although not exhaustive, the Court's historical survey finds little evidence that § 922(n)-which prohibits those under felony indictment from obtaining a firearm-aligns with this Nation's historical tradition. As a result, this Court holds that § 922(n) is unconstitutional.
It's my opinion that barring extra-ordinary circumstances, a mere indictment should not bar someone from purchasing a firearm. An indictment isn't akin to a conviction, and so I think using it as the criteria is too far of a reach.
Regardless if you like Donald Trump or not, his interest in owning a Glock handgun certainly sparked a conversation about gun laws.
What are your thoughts on this topic? Let's keep the conversation going in the comments below!