So, in the latest from the White House, the Trump administration is floating the idea of prohibiting transgender people from buying guns. This comes in the wake of the Annunciation Catholic School shooting, carried out by a transgender shooter; I will not mention his name.
There’s a problem with the Trump administration plan: They almost certainly can’t do it.
In the wake of the latest deadly attack on a school by a transgender-identifying individual, President Donald Trump’s Justice Department is considering blocking trans-identifying people from buying firearms, The Daily Wire has learned.
“Individuals within the DOJ are reviewing ways to ensure that mentally ill individuals suffering from gender dysphoria are unable to obtain firearms while they are unstable and unwell,” one source inside the Justice Department told The Daily Wire.
The DOJ’s discussions center on the fact that those who identify as transgender suffer from gender dysphoria, a mental disorder, the DOJ source familiar with the conversations shared with The Daily Wire. Gender dysphoria describes the sense of unease that a man or woman may feel if he or she thinks that their biological sex is mismatched with their so-called gender identity.
A DOJ spokesman would not comment on specific measures being considered, but said that a “range of options” is on the table.
There’s one big problem to surmount, and it’s right there on Form 4473, the government form you have to fill out and submit to exercise your constitutional right to keep and bear arms. Yes, I don’t like it either, but for the time being, it’s the law.
The relevant question, on mental health, reads: “Have you ever
been adjudicated as a mental defective OR have you ever been committed to a mental institution? Key words highlighted, and this seems to me to be a major hurdle.
See, there’s due process involved. Under the law, transgender people have the same due-process rights as anyone else. The plain language here indicates that a judge has to find them to be “mentally defective” or they have to have been committed to a mental institution. Those are very specific disqualifications, both of which require due process, and that’s how it should be.
I suspect this is being floated as a trial balloon, or at the most, as a knee-jerk reaction to a recent tragedy. Democrats are, predictably, already shrieking about blaming the sword for the hand that wields
it and demanding more gun control laws, never mind that the Minnesota shooter passed the background check and bought the guns legally, despite Minnesota’s already-strict gun laws.
But this can’t be done. They shouldn’t try. I have my issues with the whole “transgender” movement, as you all know. I abhor the notion of administering “gender-affirming care” to minors, who cannot legally get a tattoo, and I find the whole “dudes on women’s sports teams,” not to mention in their locker rooms, to be loathsome and cruelly unfair to the women athletes involved.
But this notion is a bridge too far. The Trump people should drop it now.
