Merrick Garland, a federal appeals court judge, told senators at his confirmation hearing that Biden supports new limits and that his job would be to pursue them.
“As I’m sure you know, the president is a strong supporter of gun control and has been an advocate all of his life, professional life, on this question. The role of the Justice Department is to advance the policy program of the administration as long as it is consistent with the law,” Garland told the Senate Judiciary Committee.
Sen. Mike Lee (R) asked Garland his position on repealing protections for gun makers and Garland responded, “I have not thought myself deeply about this. I don’t think it raises a Second Amendment issue.”
When asked if he supports Biden’s desire to ban certain categories of firearms Garland said, “Where there is room under the law for the president’s policies to be pursued, then I think the president is entitled to pursue them.”
As a federal appeals judge, Garland in 2007 voted in favor of the full DC Circuit re-hearing a ruling in favor of gun rights. The case, ultimately known as District of Columbia v. Heller, was not reheard by the appeals court and the Supreme Court in 2008 ruled in the case that the Second Amendment provides for an individual right to own guns.