Federal Appeals Court: Illegal Aliens Do Not Have Second Amendment Rights

Second Amendment

On Tuesday, a federal appeals court in New Orleans ruled that illegal aliens do not have the right to bear arms under the Second Amendment, due to the fact that they are not American citizens.

As reported by Fox News, a three-judge panel of the 5th U.S. Circuit Court of Appeals determined that federal law prohibiting illegal aliens from owning firearms is legal, as the Constitution does not apply to anyone who has entered the United States illegally.

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Tim Walz Once Received ‘A’ Grade from NRA — Then He Shot Left

Tim Walz

Vice President Kamala Harris’ presidential running mate, Minnesota Gov. Tim Walz, was once a champion of Second Amendment rights during his time in the U.S. House, but he quickly abandoned his policy position during his campaign for governor.

Walz represented Minnesota’s 1st district in the House from 2007 to 2018, earning ‘A’ ratings and donations from the National Rifle Association (NRA), according to Forbes. During his 2018 gubernatorial campaign, he began shifting his policy on guns, and when he became governor in 2019, he passed several gun control measures in Minnesota, receiving an ‘F’ rating from the NRA during his campaign as a result, according to The New York Times.

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‘Excessively Dangerous’: Federal Court Upholds Maryland’s ‘Assault Weapons’ Ban

Person practicing marksmanship at shooting range with AR-15 style rifle

A U.S. appeals court upheld a Maryland law banning assault-style weapons on Tuesday, ruling that the law does not violate the Second Amendment.

The Firearms Policy Coalition, Second Amendment Foundation, Citizens Committee for the Right to Keep and Bear Arms and several Maryland citizens brought up the case challenging the constitutionality of the state’s “military-style assault weapons” ban, prohibiting the sale and possessions of the AR-15, AK-47 and Barrett .50 caliber sniper rifle, among others. The ban has been in place since 2013 following the Sandy Hook Elementary School shooting that killed 20 children and six adults in Connecticut.

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Commentary: The Second Amendment Is More Crucial than Ever After Attempt to Kill Trump

Man training at gun range

A 20-year-old man with a rifle, perched atop a nearby roof, fired several rounds July 13 at Donald Trump as the former president spoke at a campaign rally in Butler, Pennsylvania, killing one attendee and wounding at least two others.

As we know now, one round nicked Trump’s right ear and he avoided a serious wound or death with a fortuitous head turn that moved him out of the bullet’s path at the last second.

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Post Office Firearms Ban Faces Constitutional Challenge

United States Postal Office

A federal ban on carrying guns in post offices is now in question as a legal filing is now challenging whether the ban violates the Constitution.

Two men, Gavin Pate and George Mandry, have filed suit against the Department of Justice over the ban on carrying and storing weapons at federal post office locations.

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Supreme Court Strikes Down Bump Stock Ban for Firearms in Major Win for Second Amendment Advocates

Supreme Court

The Supreme Court on Friday struck down a federal rule put in place during former President Donald Trump’s administration that prohibited bump stocks for guns, handing a major victory to Second Amendment advocates.

In a 6-3, ruling, the court ruled the devices added to semiautomatic weapons to make them fire faster does not convert weapons into prohibited machine guns.

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Commentary: More Defensive Gun Uses Undermine Government Claims About Armed Civilians

Hand Gun

It should be painfully obvious to anyone paying attention that the Biden administration distrusts an armed civilian population and is willing to fudge the truth time and again to defend its untenable positions. But for those living blissfully unaware of the Biden administration’s animosity toward gun owners, it once again demonstrated its animosity in clear terms.

Earlier this month, the Commerce Department’s Bureau of Industry and Security accidentally said the quiet part out loud: It thinks that only the government really can be trusted with firearms, even when the government at issue is notoriously corrupt.

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Tennessee U.S. Rep. Mark Green Introduces Bill to Prohibit New Firearm Export Rule from Being Implemented

Tennessee U.S. Representative Mark Green (R-TN-07) introduced a bill this week that would prohibit federal funds from being used to finalize, implement, or enforce the Department of Commerce’s Bureau of Industry and Security (BIS) interim final rule amending the Export Administration Regulations.

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Commentary: ATF Rule Change Creates a Trap for the Unwary

A selection of modern firearms on a table

On Friday, the 31st anniversary of the massacre of Branch Davidians in Waco, Texas, the ATF issued new regulations that make it more difficult to comply with federal laws regulating gun dealing and background checks.

Since the 1930s, federal law has required gun dealers to be registered as Federal Firearms Licensees (FFL). The requirements hinged on the meaning of “engaged in the business of” gun dealing. This language has always been ambiguous, and there has never been (even after the announcement of the new rules) a true “bright line” that distinguishes when one graduates from selling a few guns from one’s personal collection into full-fledged gun dealing.

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Commentary: 11 More Examples of Defensive Gun Use to Fend Off Criminals

Gun Bullets

As cities across the country reel from explosive crime rates, many politicians at the local, state, and federal levels are too preoccupied with disarming peaceable American gun owners to identify, arrest, and prosecute actual criminals adequately.  

Two masked attackers met their match last month when they attacked Los Angeles resident Vince Ricci as he walked toward the front door of his house. The pair brandished a firearm at Ricci, who pulled out his own gun and shot at the thugs, who ran away.

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Commentary: Domestic Violence Protection Orders Don’t Pass Constitutional Muster

How certain should we be that someone did something wrong before they lose their right to own a gun? Tuesday, the Supreme Court will hear a case that could have a major impact on how courts evaluate the constitutionality of gun control laws. The Biden administration asked for a review of the 5th Circuit Court’s decision not to deprive Zackey Rahimi of his right to own guns. 

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SCOTUS Backs Biden Admin ‘Ghost Guns’ Rule for Second Time

The Supreme Court on Monday blocked a federal judge’s order suspending the Biden administration’s “ghost guns” rule, which regulates gun parts kits as traditional firearms.

After blocking U.S. District for the Northern District of Texas Judge Reed O’Connor’s decision to vacate the rule nationwide in August, the Supreme Court vacated O’Connor’s more recent Sept. 14 injunction suspending enforcement of the regulation against two manufacturing companies, Blackhawk Manufacturing and Defense Distributed. The justice’s decision leaves in place the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) “Frame or Receiver” rule, which expands the definition of firearm to encompass parts kits that are “readily convertible to functional weapons” or “functional ‘frames’ or ‘receivers’ of weapons.

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Commentary: The Left Would Grab Your Guns in a Minute If Patriots Stopped Defending the Constitution

The Left constantly reassures Americans that they do not want to take away firearms, but actions speak louder than words.

In September, New Mexico Gov. Michelle Lujan Grisham (D) used an emergency public health order to suspend the Second Amendment for 30 days in Albuquerque and the surrounding Bernalillo County. Grisham knew fully well that she was violating the Constitution (in fact, she happily admitted so). A handful of gun control advocates quickly condemned her unprecedented decision, but not because they respect the Constitution.

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New Mexico Attorney General Says He Will Not Defend Governor’s Gun Ban Stance

New Mexico Attorney General Raul Torrez announced Tuesday that he will not defend Gov. Michelle Lujan Grisham, a fellow Democrat, in multiple filed lawsuits opposing her gun ban.

“I do not believe that the Emergency Order will have any meaningful impact on public safety,” Torrez’s letter reads. “I do not believe it passes constitutional muster.

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Commentary: 12 Defensive Gun Uses Show That Armed Citizens Make Communities Safer

As the nation continues to reel from historic violent crime spikes, many gun control activists turn reflexively to the same “bumper sticker slogan” policy “solutions” that fail to address real problems while often undermining the Second Amendment rights of peaceable citizens.

Last week, some Hartford, Connecticut, residents made headlines for taking a different approach. Instead of demanding that their fellow citizens abandon their rights to armed self-defense, they announced that they would henceforth start exercising those rights in a public manner to enhance community safety.

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SCOTUS to Take Up Second Amendment Case Next Term

After issuing a string of conservative rulings this week to close out the term, the Supreme Court will hear a key Second Amendment case later this year to determine whether a federal ban on gun possession affecting those under domestic violence restraining orders is constitutional.

At issue is a dispute involving Zackey Rahimi, whom Texas placed under a restraining order due to a violent altercation with his girlfriend, The Hill reported. He subsequently faced federal charges of possessing a firearm while under the order. He had challenged the constitutionality of the ban but pleaded guilty after losing the case.

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Embry-Riddle Aeronautical University Reneges on Hosting Republican Event After ‘Doing Research’ on Group

Embry-Riddle Aeronautical University rescinded its agreement to host a College Republicans United convention “after doing research” on the group.

Richard Thomas, founder of the group, told The College Fix that the event was to be located at the university’s “Lower Hangar” at its Prescott, Arizona campus for three hours and cost a total of $630.00 for media, support and cleanup.

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Commentary: Court Rules Government Can’t Strip Second Amendment Rights from Those Convicted of Minor, Nonviolent Offenses

The U.S. Court of Appeals for the Third Circuit held this week in Range v. Garland that the government cannot disarm people convicted of minor, nonviolent offenses. In doing so, it handed down perhaps the most significant Second Amendment victory since the Supreme Court’s landmark decision last year, where it held that Americans have a constitutional right to carry handguns in public for self-defense.

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Judge Orders Preliminary Injunction Against Biden’s ATF in Key Second Amendment Case

A Milwaukee-based public interest law firm has won a key victory in a Second Amendment battle. 

The Wisconsin Institute for Law & Liberty on Wednesday secured a preliminary injunction in federal court on behalf of three veterans challenging the Bureau of Alcohol, Tobacco, Firearms and Explosives’ rule regulating up to 40 million pistols equipped with stabilizing braces. 

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Commentary: Bill Lee Attacks the Second Amendment with a Red Flag Proposal

Governor Bill Lee called on the Tennessee Legislature to pass a Red Flag law – one that he proposed – before the 2023 Legislative session ended. The Legislators did not consider his proposal but instead they wrapped up business – they thought – and adjourned until January 2024. Governor Lee, apparently thinking of himself as perhaps the “master” of the Legislature, has now stated that he will call a special session to force the Legislature to take up his call for a Red Flag law.

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Mike Pence Booed at NRA Convention, Noem Steals the Show

It was a tough start for the old Hoosier and presumptive presidential candidate in Indianapolis. 

Former Vice President Mike Pence stepped on stage at the National Rifle Association-Institute for Legislative Action Leadership Forum Friday afternoon to a small chorus of boos.

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Commentary: Gun Control Laws Backfiring in California

After the three public shootings over the last two weekends in California, Democrats are again clamoring for even more gun control laws. To California Gov. Gavin Newsom, the solution is to ban more places where people can carry permitted concealed handguns. Unfortunately, the proposal has nothing to do with stopping these attacks, and more gun-free zones only encourage these attacks. Other heavily Democratic states such as New York, New Jersey, and Maryland are making similar pushes.

Concealed handgun permit holders didn’t commit those or other mass public shootings. Permit holders are also extremely law-abiding, being convicted of firearms-related violations at 1/12th the rate of police officers.

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Second Amendment Lawsuit Challenges ATF’s New Gun Control Rule

A new federal Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) rule on pistols with stabllizing braces faces a Second Amendment lawsuit filed on behalf of disabled veterans.

The Wisconsin Institute for Law & Liberty (WILL) filed the complaint Tuesday in the U.S. Northern District of Texas Amarillo Division.

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Commentary: Second Amendment a Blessing, Not a ‘Curse,’ in End-of-Year Examples of Defensive Gun Use

The editorial board of a major New Jersey newspaper started the year off with an anti-Second Amendment screed, decrying the right to keep and bear arms as a “curse” perpetuated by a “fanatical” interpretation created by the Supreme Court in 2008.

Among other things, editors at the Newark-based Star-Ledger bemoaned that the Second Amendment keeps the nation from enacting “rational” gun control along the lines of Canada—which is a hair’s breadth away from banning all firearm sales—and called for readers to imagine the possibilities if the Supreme Court would just reinterpret the Constitution according to the justices’ personal perceptions of “reasonable” public policy.

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Half of the US No Longer Requires a Permit for Concealed Carry

Half of the states in the U.S. no longer require residents to hold a concealed carry permit to carry firearms in public after Alabama, Indiana, Georgia and Ohio passed laws in 2022 removing permit requirements.

On Monday, Alabama began enforcing its permitless carry law, becoming the 25th state to do so, while Indiana, Georgia and Ohio also passed laws this year allowing residents to concealed carry firearms without a permit. Over the last two years 10 states have moved to permitless carry, including Utah, Montana, Iowa, Tennessee, Arkansas and Texas.

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New Jersey Passes New Gun Control Law

New Jersey’s state Senate narrowly passed a new concealed carry gun control legislation Monday, with one Democratic lawmaker joining Republicans in saying it is unconstitutional, according to NJ.com.

The bill would require gun owners who seek a concealed carry permit to purchase liability insurance and take training courses, while also increasing permit fees and restricting guns in “sensitive places” like schools, public parks, courthouses, bars and private property, according to the legislation. The bill received bipartisan criticism, with Republican state Sen. Michael Testa calling the bill “absolutely wrong” and Democratic state Sen. Nicholas Sacco saying it is unconstitutional and will face legal challenges, according to NJ.com.

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Commentary: Defensive Gun Uses in Month of July Show Protective Benefits of Second Amendment

I testified before Congress’ Joint Economic Committee last month in a hearing focused on “the economic toll of gun violence.”

Of course, there’s no doubt that gun violence imposes a tremendous cost on society, both financially and in far less readily calculable ways. How does one measure, for example, the mental and emotional toll of being shot?

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Report: FBI Lists Ashli Babbitt, Second Amendment, and ‘Betsy Ross Flag’ to Terror Symbols Guide

A leaked internal FBI guide about violent extremism lists the Second Amendment, the “Betsy Ross flag” and Jan. 6 protester Ashli Babbitt as “Domestic Violent Terrorism Symbols” used by militant extremist groups in the United States.

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Blue State Gun Control Laws in Jeopardy After Supreme Court Ruling

An unloaded handgun sitting on the center console of a vehicle with the magazine clip next to it

The Supreme Court’s recent ruling on New York’s anti-concealed carry law has broader ramifications for similar gun control laws across the country, many of which can now be challenged by Second Amendment advocates.

Politico reports that some of the states with gun control laws that may now be in jeopardy after the ruling include California, Maryland, Massachusetts, New Jersey, and Washington D.C. Such states and jurisdictions also have laws in place that similarly try to restrict the ability of residents to carry handguns in public, in what is known as a “may-issue” approach.

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California Pet Store Bans Second Amendment Supporters from Adopting Pets

A pet store in California is facing intense backlash after announcing it would not allow any supporters of the Second Amendment to adopt animals from their shop.

Fox News reports that Shelter Hope Pet Shop, in Thousand Oaks, released a statement on their website declaring that “we do not support those who believe that the 2nd Amendment gives them the right to buy assault weapons.”

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Commentary: Gun Violence Is the Penalty for Our Failure to Uphold a Moral, Functioning Society

In the wake of recent mass shootings in New York, Texas, and Oklahoma, Democrats are once again sending Americans up a blind alley. Their “solution” is to punish millions of law-abiding gun owners for the crimes of a few evil maniacs. Undeniably, there is a certain appeal to this response. Gun control is a facile “fix” to a complex problem. 

Americans have owned guns since the founding, but it wasn’t until comparatively recently that mass shootings became a concern. Guns are not the problem. Our culture is. Broken cultures produce broken human beings. For every school shooter, there are thousands of other weak, confused, mentally disturbed men who are drifting away from society. They aren’t dating, aren’t working, and they spend most of their time in their bedrooms playing video games, smoking weed, watching pornography, and stewing in social media echo chambers. 

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Second Amendment Foundation Sues over Washington’s High-Capacity Magazine Ban

The Bellevue-based Second Amendment Foundation on Friday filed a federal lawsuit against Washington State Attorney General Bob Ferguson and several other officials, challenging the state’s ban on large-capacity magazines for handguns and rifles.

Senate Bill 5078 prohibits the sale of gun magazines with a capacity of more than 10 rounds, along with the manufacturing, distribution or import of such magazines in Washington.

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Commentary: Yes, They’re Coming for Your Guns

handgun with ammo

Perhaps, like me, you’ve always had a sneaking suspicion that the un-American Left is ignorant of many things. But then they open their mouths and remove all doubt. 

The most recent example comes from the gaping maw of Elie Mystal on MSNBC, where he claimed that, like everything else in this country apparently, the Second Amendment is the creation of long-dead, racist white supremacists who supported it for the sole purpose of putting down slave revolts keeping the enslaved populations in bondage. Of course, there is as much “truth” to that as there is in the 1619 Project. Progressives use such revisionist history to discredit the founders so that they can dismantle the founders’ republic.

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Giffords Endorses Democrat in High-Profile Pennsylvania Gubernatorial Race

A far-left gun control group based in Arizona Thursday endorsed Pennsylvania’s Lieutenant Governor, who is also the state’s Democrat nominee for Governor in this year’s election. 

“For years, @JohnFetterman has been a powerful voice for Pennsylvanians who have lost their lives to gun violence, and I have no doubt that he will continue this fight in the Senate. I am proud to back Lt. Gov. Fetterman in his bid for US Senate,” Gabrielle Giffords said in a Thursday tweet.

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White House Press Secretary Karine Jean-Pierre: Greater School Security Not Something Biden ‘Believes In’ Since ‘The Problem Is with Guns’

White House Press Secretary Karine Jean-Pierre said Tuesday Joe Biden has no interest in Republican proposals that focus on “hardening schools,” i.e., installing greater security and safety measures, because “the problem is with guns.”

Asked if she could elaborate on Biden’s promise to meet with members of Congress on new gun laws, Jean-Pierre said  gun violence is an “epidemic” across the country.

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Sen. Chuck Schumer Rejects Sen. Ron Johnson’s School Safety Bill: ‘We Will Vote on Gun Legislation’

Senate Majority Leader Chuck Schumer (D-NY) rejected a school safety bill proposed by Sen. Ron Johnson (R-WI) Wednesday, one that had been promoted by several of the parents of victims of the 2018 Parkland school shooting.

Schumer dismissed the legislation, first introduced in 2019, on which the Parkland victims’ parents had collaborated, claiming the bill “could see more guns in schools” and touting, “I blocked it.”

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Biden Administration Sues Missouri over Pro-Second Amendment Law

On Wednesday, the Biden Administration announced its intention to sue the state of Missouri over a law passed last year that protects residents’ Second Amendment rights from federal government overreach.

As reported by The Hill, the lawsuit was announced by Attorney General Merrick Garland, targeting Missouri’s House Bill 85 as an alleged violation of the “Supremacy Clause,” which “is preempted by federal law and violates the doctrine of intergovernmental immunity.” Garland’s Department of Justice (DOJ) will argue that the law harms cooperative efforts between the federal government, state governments, and local jurisdictions.

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Gov. Wolf Sides with Local Governments in Rejecting Gun Rights Bill

Gov. Tom Wolf has vetoed legislation designed to protect Pennsylvania residents’ Second Amendment rights against municipalities that enact restrictive gun ordinances.

“Once again, this governor has failed to live up to his oath to ‘support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth,’” said Rep. Matthew Dowling, R-Fayette, sponsor of House Bill 979. “By vetoing this bill, the governor has put the Second Amendment rights of every citizen in jeopardy, effectively encouraging communities to continue enacting illegal gun control measures.”

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Commentary: 12 Incidents of Defensive Gun Use Prove Armed Civilians That Make Situations Safer

I testified earlier this month at a Senate Judiciary Committee hearing in Chicago on underlying causes of the spikes in gun violence in that city and around the country.

Although Sen. Dick Durbin’s interruptions of my opening statement stole the show in many respects, it shouldn’t be overlooked that the Illinois Democrat also solicited disparaging remarks on the right to keep and bear arms from another witness—Chicago Police Superintendent David Brown.  

In direct response to one of Durbin’s questions, Brown remarked that armed civilians make police officers’ jobs more difficult, and that he never has seen a lawfully armed civilian make a situation safer.

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Biden Administration Collecting Information on Millions of American Gun Owners

Guy shooting hand gun at gun range

In just one year, the Biden Administration has collected records of over 54 million legal gun-owners in the United States, for the purpose of increased surveillance of such citizens by the federal government, according to the Washington Free Beacon.

As shown in internal documents from the Bureau of Alcohol, Tobacco, and Firearms (ATF), the ATF processed approximately 54.7 million records in fiscal year 2021. These documents were obtained by the gun rights advocacy group Gun Owners of America (GOA). The records in question are “out-of-business” documents, which consist of all firearms-related transactions made by a particular gun store after the store has gone out of business, at which point those records become property of the ATF.

In the year 2021, the ATF used this method to collect 53.8 million paper records, and roughly 887,000 electronic records. Gun stores are currently allowed to destroy records that are 20 years old or older; the Biden Administration is actively pursuing avenues to ensure that such records are made permanent and cannot be destroyed.

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NBC’s Ken Dilanian Reports Gun Dealer to Secret Service For Selling ‘Let’s Go Brandon’ AR-15 Safety Selectors

AR-15 Magazine that says "Let's Go Brandon"

An NBC reporter said Monday that he has contacted the Secret Service about a gun dealer’s anti-Biden weapons parts. As Joe Biden sinks in the polls, multiple gun dealers appear to be capitalizing on his unpopularity to sell weapons parts and ammunition.

The dealers, according to NBC News’s “Fusion” Ken Dilanian, are “using a right-wing slogan widely understood as code for profanity” to mock Biden, and sell gun supplies.

That slogan—”Let’s Go Brandon”—”isn’t actually about supporting a guy named Brandon,” NPR explained in a hard-hitting investigative report this past weekend. The publicly-funded radio organization spilled the beans on what the phrase actually means: “it’s a euphemism that many people in conservative circles are using in place of saying, ‘F*** Joe Biden.’”

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