Prosecuting Trump on Gun Charge Could Backfire ‘Bigly’

Per Special Counsel Jack Smith, Trump is committing a “gun crime.” (Marjorie Taylor Greene/X)

“[Donald] Trump goes GUN shopping with Marjorie Taylor Greene: Former president poses with a $829.99 9MM GLOCK with his face on the grip in armory tour,” the Daily Mail gasps. “If Trump had bought the glock, [sic] there would have been questions about the legality of him buying it.”

What questions?

Per ATF:

“The GCA at 18 U.S.C. § 922(n) also makes it unlawful for any person under indictment for a crime punishable by imprisonment for a term exceeding one year to ship, transport, or receive firearms or ammunition.”

Then again, there’s the Texas judge’s Quiroz ruling:

“A U.S. law banning those under felony indictments from buying guns is unconstitutional, a federal judge in West Texas ruled Monday.”

“If I were him, I wouldn’t let anyone photograph me holding a gun without the advice of counsel. I wonder if that will be used against him,” I noted on The War on Guns. “But by assuming he would have tried to buy it at the SC gun shop without having it go to an FFL in his state, they apparently missed the main question.”

The answer to the speculation was quick to come, with Special Counsel Jack Smith calling Trump out in a footnote to a larger goal seeking to muzzle him from speaking out in his own defense under the “legal” pretext that doing so “intimidates” potential witnesses, the prosecutor, and the court. Clearly, the former president’s enemies believe they should dominate the narrative the public hears leading up to trials and the election by supplying the media with their version of events.

“The defendant either purchased a gun in violation of the law and his conditions of release or seeks to benefit from his supporters’ mistaken belief that he did so,” Smith argued, citing posts on Truth Social. “It would be a separate federal crime, and thus a violation of the defendant’s conditions of release, for him to purchase a gun while this felony indictment is pending. See 18 U.S.C. § 922(n).”

But Smith had already upped his game with what appears to be a damning observation:

“The spokesman subsequently deleted the post and retracted his statement, saying that the defendant ‘did not purchase or take possession of the firearm’ (a claim directly contradicted by the video showing the defendant possessing the pistol).”

Again, per ATF:

“The Gun Control Act … makes it unlawful for certain categories of persons to …  possess firearms or ammunition…”

Smith is contending in his court filing that even without purchasing the Glock, Trump committed a felony gun law violation by holding it.

The question remaining is what federal prosecutors will do about it.

If they go after him on it, Democrats know such a charge would almost certainly make it to the Supreme Court. Considering all the complications the Bruen text, history, and tradition standard is throwing in the path of gun prohibitionists in the inferior courts, such charges – like those against Hunter Biden – could very well find such edicts unlawful violations of the Second Amendment. And as long as they’re opening up Pandora’s box, it might be instructive to research Founding intent and what “gag order” First Amendment abridgments existed against those under indictment at the time the Constitution was written, debated, and ratified.

Trump (and liberty advocates) could end up winning “bigly” * and that may not be something Democrats want to risk.

(He actually said “big league,” but Democrats inventing and spreading lies to then exploit with Alinsky Rule 5 ridicule is SOP.)


About David Codrea:

David Codrea is the winner of multiple journalist awards for investigating/defending the RKBA and a long-time gun owner rights advocate who defiantly challenges the folly of citizen disarmament. He blogs at “The War on Guns: Notes from the Resistance,” is a regularly featured contributor to Firearms News, and posts on Twitter: @dcodrea and Facebook.

David Codrea

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Colt

Nothing burger.
Move along TDS mental cases.

Knute Knute

“* (He actually said “big league,” but Democrats inventing and spreading lies to then exploit with Alinsky Rule 5 ridicule is SOP.)”
By an outstanding example of what must be just random chance, it also happens to be big brother’s(CIA via Edward Snowden) disinformation rule number 5:
“5. Sidetrack opponents with name calling and ridicule. This is also known as the primary attack the messenger ploy…” -https://vigilantcitizen.com/latestnews/the-25-rules-of-disinformation/
OFC, like most of their techniques, this only works on the unwary. 🙂

DIYinSTL

Rules for Radicals was assigned reading in college back in the early 70’s. I wonder if I still have the paper I wrote criticizing the hell out of it. I think Dr. Gottlieb still gave me a good grade. Like Dianne F., the world would have been a better place if he shed his mortal coil much earlier than 1972.

Tionico

it wasn’t assigned reading when I was in cawlidge back then but I read it anyway. Fun stuff. I also saw how much fun it would be to use those tactics against the nutjobs trying to take over at the time.. the marxists.

I DID sit for a full year under Dr. Herbert Marcuse as we examined and critiqued the writings and ideas of Karl Marx. The final full year grade was based 80% on the final paper.. find THREE things or points where Marx is wrong and explain WHY/HOW he is wrong.

Courageous Lion - Hear Me Roar - Jus Meum Tuebor
Last edited 1 year ago by Courageous Lion - Hear Me Roar - Jus Meum Tuebor
DIYinSTL

Good lord, you went to Stanford? And spent a year in classes with Marcuse? And survived without becoming an accolite or puking to death? Now I’m wondering why the U.S. godfather of Critical Theory would have you find 3 things where Marx went wrong. Didn’t he grow up sucking at Marx’s teat? @Tionico, my hats off to you for being able to handle all the navel gazing the classes in philosophy demand.

Bubba

Post the paper if you find it. Would be a fun read. 😉

Knute Knute

I’d like to read it too. My reason Numero Uno why Socialism/ Marxism always fails is bc it ignores human nature.
“From each… to each…” sounds good on paper… but in the real world the productive individuals cannot stay solvent when the authorities steal their labor, only to give it to the weak and indigent. All that does is bankrupt the productive, thereby creating( and encouraging) ever less production and ever weak and indigent victims.
All part of the plan, OFC. The indigent and weak are easy to control. The productive and strong…. not so easy! 🙂

CinciJim

So… if a person visits a gun store and asks to see any actual firearm, holds that firearm, and then completes a 4473 with a disqualifying answer, that person has committed a felony just by having held the firearm.?. Yeah, I’ll bet that almost never happens in this country…. less than 1000 times a day. I realize there’s no indication that Trump actually bought this or any firearm, and a 4473 wouldn’t be completed at the store in which this photo was taken anyway, but the premise is the same. An argument could be made that no law was broken… Read more »

Trussman

As a former FFL holder, you can bet your a** that if Jack Smith is correct, the ATF would waste no time in parading President Trump in front of the cameras, all while shutting down the gun store that he is visiting.

Finnky

Gun store was Palmetto State Armory. Smith wouldn’t just shut down the retail FFL, but the manufacturing, importing and distributing business as well. That would be a horrifying strike against US firearms industry as PSA is high on any list of quality sources for those on a budget.
Shutting down PSA would probably hit 2A prices even harder than the pandemic did.

Last edited 1 year ago by Finnky
2WarAbnVet

Our DemoSocialists (and many establishment Republicans) are absolutely terrified at the prospect that Trump will be in a position to cure the ills that they have created in our country. And they have shown that will move heaven and earth in their efforts to prevent that from happening.

nrringlee

They don’t believe in Heaven.

Shotsmith

They can’t move Heaven but they will say they did and the compliant propagandists in the media will all parrot the lie.

Tionico

and most of them will have aeons of years in the OTHER place to try and figure out where they went wrong to end up THERE.

Arkansas Rob

If Trump is charged, or remanded into custody for violating the terms of his release, they will truly reap the whirlwind. Hell hath no fury like what you will see.

Bubba

That’s a best case scenario.
The hell that would unfold would be amazing.

Trump 2024 from Prison
MAGA forever!

Shotsmith

The idea that one could lose natural rights because they’ve been indicted is offensive. Democrats have proven they can indict a ham sandwich, thus punishment by process occurs. What happened to innocent until proven guilty.

Tionico

well there are many who claim Trump IS a ham. And there he is pictured standing between two other individuals. Ham sandwich right there. And yes, today’s whackjob “law” enforcement critters are barmy enough to indict him for making that photo-op.

Last edited 1 year ago by Tionico
Bubba

We are the side that has always believed in innocent until proven guilty.

The left convolutes everything. They always have.

They even claim they freed the slaves.
The left never mention it was a Republican President that did that.

DIYinSTL

You can see video of his visit to this gun shop on Forbes Breaking News youtube channel. It’s pretty obvious The Donald doesn’t know jack about guns but then again not many real estate moguls do. I’ll still vote for him if he is the (R) candidate. I’m sure he had to surrender his NY carry permit when he moved to FL. I wonder if he has bothered to get one in Florida.
https://www.youtube.com/watch?v=x7YIJuuyZbY

And why is this post also awaiting approval? It’s like I’m on a list.

Last edited 1 year ago by DIYinSTL
F Riehl, Editor in Chief

Because of the link you included….

DIYinSTL

That just adds to the mystery. I’ve embedded youtube links in several other posts without needing approval. Oh well. Thanks for the quick blessing. Downvoters, it’s not the Editor’s fault. You have to buy software to run this forum and I think they’re the one that makes the rules. I’ve also needed approval of multiple posts for writing the name Dianne followed by the capitalized letter between “E” and “G” and a period. If this post needs approval it must be for the given name with two “n”s. Otherwise it is either the capitalized letter by itself or the two… Read more »

Last edited 1 year ago by DIYinSTL
HLB

You can write your own web site and make it do what you want. I can not accept that argument because it is used too often for too many things. A similar type of argument is used to defend Trump on his bump stock issue. I suppose you could call it a deferral or Chevron argument. No, each individual and each corporation should stand on their own merits – or lack there of.

HLB

DDS

Florida still offers but no longer requires carry permits.

DIYinSTL

That’s a fact. But it’s not the question. It would be symbolic if he did but it’s too late now. He will have to get acquittals and dismissals of all his non-civil suits first. And if he does get one before the election it will be viewed as just a vote getting stunt.

musicman44mag

From the article:
“The GCA at 18 U.S.C. § 922(n) also makes it unlawful for any person under indictment for a crime punishable by imprisonment for a term exceeding one year to ship, transport, or receive firearms or ammunition.”

Lets take this from an X-X chromosome perspective. There is a big difference between holding it and receiving it.

Orion

true, the government also stretches the term “possession” to no end by Trump holding it for a photo op even with the real owner standing next to him. Smith is pathetic.

Knute Knute

“How strangely will the Tools of a Tyrant pervert the plain Meaning of Words!” ― Samuel Adams

gregs

I say let them go for it. Hopefully their ego and arrogance will provide the ammo to further our quest to regain our civil rights.

Zhukov

Considering the losses, the feds have been taking since Bruen and Heller forcing this issue would be a bad idea. He should have posed with a replica gun to really mess with them.

PMinFl

how about an 80%er?

Tionico

yes.. tthey PAY FOR IT and walk out of the store with it. And watch the proggie heads explode.

musicman44mag

Just like Coke, President Trump and the gun he is holding is the REAL THING. We don’t need any more fakers for president.

TRUMP 2024

Bubba

I hope they charge him.
I would love for this to go to SCOTUS.
It would be the end of all gun laws as we know them.

Bring it on you worthless left tard b!tches.

Courageous Lion - Hear Me Roar - Jus Meum Tuebor

One small problem. The founders didn’t put us on a gold “standard”. They put us on GOLD and SILVER actual coin. Blood Running in The Streets. Mobs of Rioters and Demonstrators Threatening Banks and Legislatures…

Courageous Lion - Hear Me Roar - Jus Meum Tuebor

The GUN CONTROL act is not about gun control. It’s about PEOPLE control. SHALL NOT BE INFRINGED IS THE LAW! What, then is law? It is the collective organization of the individual right to lawful defense. Each of us has a natural right-from God-to defend his person, his liberty, and his property. These are the three basic requirements of life, and the preservation of any one of them is completely dependent upon the preservation of the other two. For what are our faculties but the extension of our individuality? And what is property but an extension of our faculties? If… Read more »

Tionico

difference: the Buy Den sprog KNEW he was lying when he filled out that 4473, and lied anyway. He WAS a serious and habitual user of controlled substances at the time of the purchase. I believe that should NOT be a disqualifier, but neither should any of Trumps pending charges.

If someone is too dangerous to be in possession of arms, he should be locked up where his danger to others is kept under control. SO MANY excuses to disarm someone are just that… excuses, process “crimes” that do not rise to the level of criminal prosecution, etc.

Tionico

Read more: https://www.ammoland.com/2023/10/prosecuting-trump-on-gun-charge-could-backfire-bigly/#ixzz8FC6o0Zlk Under Creative Commons License: Attribution Follow us: @Ammoland on Twitter | Ammoland on Facebook The spokesman subsequently deleted the post and retracted his statement, saying that the defendant ‘did not purchase or take possession of the firearm’ (a claim directly contradicted by the video showing the defendant possessing the pistol).” “possession” means you have conrol over it such that you can take it where you wish to and do with it what you wish to. Had he tried to walk out the front door and out into a waiting car, THEN he would have “taken possession” of… Read more »

PMinFl

If only Mr. Trump could keep his mouth shut for maybe two weeks, then an “unnamed source” could float the idea that Trump might not run for election. In that moment the entire country would realize that without Trump the democrats have NOTHING !, the main stream media have nothing, the political pundits have nothing, hell, even Fox news would have nothing.