Microstamping Bill Introduced In Massachusetts

Rep. David Paul Linsky (D-Middlesex) has introduced House Bill 1561 in the Massachusetts State House. The bill would mandate all semi-automatic rifles, shotguns, and pistols sold or manufactured in the Commonwealth of Massachusetts be capable of imprinting a “microstamp” on the face of a cartridge effective January 1, 2012.

The text of the bill reads:

SECTION 1. Chapter 269 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by deleting Section 11E and inserting the following new section:-

Chapter 269: Section 11E. Serial identification numbers on firearms.

Section 11E.

(A) All firearms, rifles and shotguns of new manufacture, manufactured or delivered to any licensed dealer within the commonwealth shall bear serial numbers permanently inscribed on a visible metal area of said firearm, rifle or shotgun, and the manufacturer of said firearm, rifle or shotgun shall keep records of said serial numbers and the dealer, distributor or person to whom the firearm, rifle or shotgun was sold or delivered.

No licensed dealer shall order for delivery, cause to be delivered, offer for sale or sell within the commonwealth any newly manufactured firearm, rifle or shotgun received directly from a manufacturer, wholesaler or distributor not so inscribed with a serial number nor shall any licensed manufacturer or distributor of firearms, rifles or shotguns deliver or cause to be delivered within the commonwealth any firearm, rifle or shotgun not complying with this section.

No licensed manufacturer within the commonwealth shall produce for sale within the United States, its territories or possessions any firearm, rifle or shotgun not complying with paragraph one of this section. Whoever violates this section shall be punished by a fine of five hundred dollars. Each such violation shall constitute a separate offense.

(B) All semiautomatic firearms as defined in Chapter 140 Section 21 manufactured or delivered to any licensed dealer within the commonwealth shall be capable of microstamping ammunition.

(C) For purposes of subparagraph (B), a firearm is capable of microstamping ammunition if –
(i) a microscopic array of characters that identify the make, model, and serial number of the of the firearm is etched into the breech face and firing pin of the firearm; and
(ii) when ammunition is fired from the firearm, the characters are copied from the breech face and firing pin onto the cartridge case of the ammunition.

(D) Subparagraph (B) shall apply only to semiautomatic firearms which –
(i) are manufactured, or imported into the Commonwealth on or after the effective date of this subsection;
and
(ii) have not been transferred to a person not licensed under Chapter 140 of the general laws.

(D) Whoever violates paragraph (B) shall be fined an amount equal to –
(i) in the case of a first such violation by the violator, $1,000 multiplied by the number of firearms involved in the violation;
(ii) in the case of a second violation by the violator, $2,000 multiplied by the number of firearms involved in the violation;
(iii) in the case of a third such violation by the violator, $3,000 multiplied by the number of firearms involved in the violation.

(E) The effective date of this act shall be January 1, 2012.

The NRA-ILA had this to say, in part, about the bill:

If passed, the availability of semi-automatic rifles, shotguns and handguns in Massachusetts could be in jeopardy, as manufacturers simply may choose not to build or sell firearms for purchase in the state. In fact, this bill would likely create a de facto ban on new semi-automatic firearms.

Unless I am misunderstanding the language of this bill, both Smith & Wesson and Savage would be impacted by this bill as they both have manufacturing operations in the state and both make semi-automatic firearms.

Smith & Wesson would feel the heavier impact as they manufacture more semi-autos. Given that they were given a grant by the Commonwealth of Massachusetts to expand operations in Springfield while at the same time closing their Thompson-Center plant in New Hampshire just a couple of months ago, one must wonder if they are having second thoughts.

As it is, microstamping is an unproven, untested, and unreliable technology that can be defeated with a common nail file. If the true intent of Rep. Linsky and his fellow compatriots was to drive the gun makers out of the Commonwealth and kill job creation in Massachusetts, then they just might succeed if this bill passes.

The Shooting Wire On Project Gunwalker

Jim Shepherd, the publisher of The Shooting Wire, had an excellent editorial today on Project Gunwalker. He also has some updates in the Sabre Defence story. Jim brings the administration to task over the failings of ATF in the Southwest much better than I could.

If you aren’t a regular subscriber to the Outdoor Wire, the Shooting Wire, and the Tactical Wire, you should be!

Investigations and Findings

Two weeks ago, we told you that a Valentine’s Day auction was set to sell the Nashville, Tennessee company formerly known as Sabre Defence Holdings. The sale by Cadence Bank, was organized under a UCC filing after the bank called the company’s line of credit.

Only days later, the story took another nasty turn as federal officials arrested Sabre’s senior corporate officers, charging them with a litany of charges related to “years” of illegal international arms trafficking. At that point, Cadence saw their hoped-for cashout on Sabre drop to a best bid of only $2.3 million from Alabama’s Manroy USA.

This one just keeps getting more convoluted.

Last week, Sabre filed for bankruptcy, hoping to stop the sale. Now, the Office of the U.S. Trustee for the bankruptcy has appointed Nashville attorney Michael Collins as a third-party trustee to oversee Sabre’s assets.

Next week, Cadence Bank will have another day in court as they have petitioned for relief- an end to the bankruptcy. At that point, the Manroy USA sale is expected to proceed.

Yesterday, we spoke with one of the industry insiders involved with the now-aborted liquidation. What we’ve learned is that this story is far from over- and the ripples from Sabre’s conduct over the past few years may spread “from the U.S. State Department to the British Home Office”.

It has all the ingredients of a great mystery: international arms deals, shaky business conduct, an arrogant owner who thumbed his nose at government regulations, and, lest we forget, a company with a reputation for solid products that seems to have effectively been destroyed by shaky business products.

Watch this space -the Sabre Defence Holdings story is far from over.

To whom do you turn when the chief law enforcement officer of the land ignores you? That’s the question being asked across the firearms industry as Attorney General Eric Holder continues to turn a blind eye to BATFE disaster increasingly being referred to as “Project Gunwalker”.

As facts emerge, it appears that ATF agents actually let firearms “walk” into Mexico as part of some screwball operation designed to see where the guns turned up. The idea they would let this number of guns (some are now saying up to 2,500) “walk” into what is basically a combat zone (Mexico), is screwball enough; the truly crazy thing now the Justice Department continuing to call for crackdowns on legal gun dealers while ignoring a half-baked scheme to go investigated.

Increasingly, evidence says that murdered Border Patrol agent Brian Terry was killed by one of those walking firearms. And the Justice Department refuses to comment.

Fortunately, National Gun Rights Examiner David Codrea and blogger Mike Vanderboegh got onto the story early and refused to let it die – or be swept under the bureaucratic carpet.

Now, it’s getting major national attention. In fact, CBS News has called it a story bigger than Ruby Ridge or Waco – not what an administration that wants to crackdown on private firearms rights wants to hear.

Now, Senator Charles Grassley of Iowa-who just so happens to be ranking minority member of the Senate Judiciary Committee – is calling for a full investigation of the ATF and Justice Department actions.

ATF and Justice have stonewalled to this point, but organizations like the Citizens Committee for the Right to Keep and Bear Arms (CCRKBA) have started calling for more than an investigation- they want the immediate firing of acting ATF Director Kenneth Melson, a new director from outside the agency, and a full and open investigation of the whole sorry mess.

And CCRKBA head Alan Gottlieb has said that, should Attorney General Holder remain reluctant to investigate ATF and “gunwalker” he, too, should be shown the door.

After roiling across the internet via discussion boards, forums and all the social media much the same way democracy has shaken up the middle east and given Colonel Khadafy and other despots fits, it looks like mainstream media -or at least CBS News – has found a hot story to ride.

Here, in the crucible where the idea of democracy was formed, it remains to be seen if our current leadership is even paying attention.

Unfortunately, the administration’s idea of policing firearms is much like the old saw about the NCAA’s unwillingness to punish marquee schools. “The NCAA’s so angry at Kentucky,” the old saw used to go, “that they’ve given Slippery Rock three more years of probation.”

In this sad scenario, anyone who is a law-abiding gun owner is being cast as Slippery Rock.

Hopefully, Senator Grassley will stick to his proverbial guns and get to the bottom of “gunwalker” – no matter how distasteful the findings.

Should the administration not toss the old cloak of “national security” over the whole thing, we’ll likely find that once again, we’ve set our lowered expectations not nearly low enough.

The Justice Department has already started their crab-walk away from the whole affair, saying ATF – an agency under their ultimate responsibility- would never “knowingly” allow such a thing to happen.

Unfortunately, we’ve become so numbed to poor conduct from our government that it’s not going to be hard to predict the way the administration would like to see this play out.

If- the Senate gets its investigation, top officials will disavow any knowledge of the event – or be unable to determine who gave the ultimate permission for it to happen. A few lower-level administrators will be ceremonially tossed to the wolves in a bit of misdirection that would make a Las Vegas magician proud.

I realize that’s cynical; but it has been allowed to happen innumerable times before. This time, we need to let our “elite leadership” know they’re neither following nor above the law.

A housecleaning is still essential to clean up the mess, even if there is an honest investigation.

–Jim Shepherd

Reprinted with permission. Here is a link to today’s Shooting Wire with the editorial.

Holder – Investigate and Fire, Or Resign

CCRKBA issued a blistering press release this afternoon calling on Attorney General Eric Holder to investigate Project Gunwalker and to fire those responsible. It goes on to say that if he isn’t willing to investigate it, he should resign himself.

CCRKBA TO HOLDER ON ATF SCANDAL: INVESTIGATE AND FIRE, OR RESIGN

BELLEVUE, WA- Following new revelations regarding the growing scandal over the Bureau of Alcohol, Tobacco, Firearms and Explosives. Project Gunrunner- the most recent on Wednesday’s CBS Evening News – the Citizens Committee for the Right to Keep and Bear Arms today is calling on Attorney General Eric Holder to investigate the allegations and remove ATF officials responsible, or hand in his resignation.

“Instead of cracking down on American gun owners, it is time to crack down on the ATF,” said CCRKBA Chairman Alan Gottlieb, who earlier this week urged gun owners to pressure Congress to cut ATF’s budget.

The Gunrunner scandal was originally uncovered by National Gun Rights Examiner David Codrea and independent blogger Mike Vanderboegh. The case now has the attention of U.S. Sen. Charles Grassley (R-IA), ranking minority member of the Senate Judiciary Committee. CCRKBA believes the committee should launch a full-scale investigation of ATF and that Grassley should not stand alone in his pursuit of the truth.

“Two weeks ago,” Gottlieb noted, “Sen. Grassley called on Holder to ‘come clean’ about this scandal, and the murder of Border Patrol agent Brian Terry. He was greeted with silence. Agent Terry was likely killed with a gun that ATF allowed one of the Gunrunner suspects to purchase more than a year ago. We have seen documents that show the gun was recovered at the Terry crime scene.

“Almost immediately after he took office,” he continued, “Holder joined other members of the Obama administration in calls for new gun laws to crack down on American gun dealers and gun owners. He wanted to renew the ban on so-called ‘assault weapons’.” Now, thanks to independent Internet reporters and CBS News, it appears hundreds, if not thousands of U.S.-origin guns that made their way to Mexican criminals were allowed to cross the border by an inept ATF operation that was even criticized by ATF agents.

“Senator Grassley’s inquiry has been met with stonewalling,” he said, “but with these new revelations, the time for silence has passed. ATF officials in Phoenix who allowed this travesty to continue, over objections from field agents who knew better, should be fired. Acting ATF Director Kenneth Melson should go immediately, and a new director, from outside of the agency, should be appointed to clean up this mess. If Eric Holder is not willing to hold ATF officials accountable, he should resign.”

HB 74 – The Second NC Castle Doctrine Bill – Opposition From Surprising Corner

Grass Roots North Carolina sent out this message a couple of hours ago regarding HB 74, the second – and originally stronger – castle doctrine bill. The amazing thing to me is that the person attacking the bill is Republican House Majority Leader Paul Stam. Without pro-gun voters there wouldn’t be a Republican majority in the NC General Assembly. The former House Majority Leader went down to defeat over this very issue.

* Republican House Majority Leader attacks HB 74, portending battles to come
* Senate version passes 2nd Reading: 3rd Reading Monday

Two Castle Doctrine bills are working their way through the NC legislature. Which bill might ultimately be enacted into law remains to be seen.

SB 34 has been much improved from its original weak version and today passed its 2nd Reading Senate by a vote of 33-17. Vote details for particular Senators will be published when they become available. Generally (although not always), 3rd Reading is a formality. Both may be accomplished in a single day provided no member of the body objects. Apparently, one of the perennial anti-gun members objected, delaying 3rd Reading until Monday.

AMBUSH IN THE HOUSE

HB 74, originally the stronger Castle Doctrine bill, met far tougher resistance in a House Judiciary subcommittee, however, as it was repeatedly attacked not only by anti-gun Democrats, but also by Republican House Majority Leader Paul “Skip” Stam (R-Wake, formerly GRNC ****).

In relentless questioning apparently intended to tie up the bill, painted scenarios of drug dealers shooting it out and using Castle Doctrine as a legal defense (this was rebutted by committee counsel), likening the bill to “expedited execution.” Using phrases like “dead people on the floor” and “shoot first and ask questions later,” Stam eventually produced handwritten language he claimed would accomplish “95%” of what bill supporters want, but which actually offered crime victims few protections beyond current law.

Equally obstructionist were Reps. Darren Jackson (D-Wake, 0-star), and Grier Martin (D-Wake, GRNC 0-star), both of whom repeatedly demanded impossible statistics on home invasions until both GRNC president Paul Valone and representatives of the Administrative Office of the Courts pointed out that such statistics are not kept.

Advocating passage of the bill were subcommittee chair Mark Hilton (R-Catawba, ****), stalwart George Cleveland (R-Onslow, ****), freshman Jonathan Jordan (R-Ashe, ****) and Shirley Randleman (R-Wilkes, ****). Hilton, Cleveland and Randleman are primary sponsors for HB 74.

The bill eventually passed in a 5-3 vote with Reps. Cleveland, Jordan, Hugh Blackwell (R-Burke, ****), Rayne Brown (R-Davidson, ****) and Ric Killian (R-Mecklenburg, ****) voting for it, and Stam, Jackson and Martin voting against it.

IMPLICATIONS FOR THE FUTURE
HB 74 now heads for the full Judiciary Committee, where it will undoubtedly meet resistance not only from the same individuals but other anti-gun Democrats including Deborah Ross (D-Wake, 0-star), who chaired the committee which in the last session killed Castle Doctrine by denying it a hearing. Moreover, when the senate bill, SB 34, crosses to the House, it will also be referred to the same committee, portending tough battles for both bills.
IMMEDIATE ACTION REQUIRED

* CALL AND E-MAIL MAJORITY LEADER SKIP STAM: Remind him that gun owners helped replace previous leadership over precisely this issue. Reach him at: Paul.Stam@ncleg.net and 919-733-2962. Note: If his office complains about the subcommittee hearing giving “no public notice,” remind them that ad hoc committees are not required to and rarely do. If he says his proposal is “better,” remind them that HB 74 mirrors every other state which has adopted Castle Doctrine.
* E-MAIL SPEAKER THOM TILLIS: Pro-gun Speaker Tillis (R-Mecklenburg, ****) supports Castle Doctrine, but needs POLITE AND CONSTRUCTIVE input to rein in Majority Leader Stam. At this point, gun owners from outside his district should e-mail only. Constituents should call. Reach Tillis at: Thom.Tillis@ncleg.net

Brady Campaign Outraged, Outraged I Say!

It is obvious that the Brady Campaign is upset over the House vote to cut funding for implementation of the “emergency” reporting requirement of semi-auto rifles in a caliber larger than .22 with a detachable magazine.

You know that are upset because they say they are outraged! Oh, my.

Brady Campaign Outraged Over House Vote To Kill Funds To Curb Illegal Gun Trafficking

Helmke testifies before House Forum

Feb 24, 2011

Washington, D.C.- Brady Campaign President Paul Helmke today expressed outrage over the U. S. House of Representatives’ vote last Friday to stop any funds from being used for an Obama Administration proposal to curb gun-trafficking, focused particularly on semi-automatic rifles, from the U.S. to Mexico.

Helmke spoke this morning at the forum on the Impact of Budget Proposals on Justice, Job Creation, Public Safety and Civil Liberties, held in Room 2237 of the Rayburn Building and chaired by Congressman John Conyers, ranking member of the House Judiciary Committee.

Helmke was seated at a roundtable with Rep. Conyers and the leaders of 15 other groups affected by HR1, the funding resolution voted on by the House last Friday and Saturday. Helmke began by noting that others present might wonder what reducing gun violence had to do with the budget process. He explained that the amendment by Rep. Dan Boren of Oklahoma, which passed on by a vote of 277-149, would prevent the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) from getting reports on multiple sales of semi-automatic rifles from the four states bordering Mexico.

This amendment was attached to the budget at the behest of the NRA and House agreed to limit the Obama administration’s authority after only 10 minutes of debate. Even though the Department of Justice had been going through a formal rule-making process, the House decided to derail that process just three days after the period for comments on the rules had closed.

“Not only are we ignoring gun violence in our country, we are contributing to the disintegration of the nation directly on our southern border,” Helmke said. “The ATF is already woefully under-funded, understaffed, and leaderless. Making the work of these agents harder will do nothing to decrease the violence we have seen from the drug cartels, which is taking more lives on both sides of the border.”

Under the Obama Administration proposal, 8,500 gun dealers near the U.S.-Mexico border would be required to alert authorities when they sell two or more semiautomatic rifles greater than .22-caliber with detachable magazines to the same person within five consecutive business days.

“Our weak gun laws have enabled ruthless Mexican drug cartels to arm themselves with vast military arsenals from American gun dealers, who sell traffickers countless AK-47s and AR-15s in bulk,” added Helmke. “Our leaders in Congress need to explain why they want to shield these sales from law enforcement.”

On February 15, the Brady Center filed comments in support of the Obama Administration proposal to require gun dealers in Southwest border states to provide notice of bulk sales of semi-automatic long guns to the ATF. The proposal would assist law enforcement with investigating and curbing the rampant trafficking of AK-47s and other guns from U.S. gun stores to Mexican drug cartels. Current law requires that ATF be notified of multiple sales of handguns only.

What makes Paul Helmke think that this “emergency” regulation would make a dent in the violence in Mexico when the ATF knowingly allowed suspicious sales to go through and then lost track of an estimated 2,500 firearms? The man is in denial.

Castle Doctrine Passes Second Reading In NC Senate

S. 34, The Castle Doctrine, passed its Second Reading in the North Carolina State Senate today. It passed this reading with only one minor amendment that merely clarified the language. It will now go to its Third (and final) Reading.

As mentioned on Tuesday, the Senate Judiciary II Committee approved substitute language which strengthened the bill. Moreover, both the NRA and Grass Roots NC have endorsed the updated bill.

The legislative calendar does not state when the final vote in the State Senate will be held on S. 34. After it passes the Senate, it still must be approved in the State House. As soon as I have more updates, I will post them.

As a sidebar, I was at a training meeting the last two days with limited access to a computer. I love my new iPhone but it is hell to try to do a blog post on it. My thumbs must be too fat!

UPDATE: According to GRNC, the objection of one anti-gun NC State Senator is what held up the 3rd Reading and final vote on S. 34. It will be held on Monday.

UPDATE II: WRAL published a video of the actual debate on the bill in the NC Senate. It is an hour long video so you may only want to skip through it to listen to highlights.

width=576; height=324; wral_insert_video_player_9166807(576, 324);

Castle Doctrine In North Carolina Is Out Of Committee

SB 34, the first castle doctrine bill filed, has been reported out of the NC Senate Judiciary II committee. It will come to the floor of the State Senate as early as tomorrow.

As I discussed earlier, this bill had been criticized as not going far enough as it did not cover people in their vehicles nor did it have a “stand your ground” provision. These defects have been remedied as the Judiciary II committee adopted substitute language to strengthen the bill. It now adds both of these provisions.

Both the NRA and Grass Roots North Carolina have indicated their support and approval of the strengthened bill. The NRA released this tonight:

Earlier today, NRA-supported “Castle Doctrine” self-defense legislation was favorably amended and reported by the Senate Judiciary II Committee. The full Senate will now consider this important legislation, which could take place as early as tomorrow.

Introduced by state Senators Andrew Brock (R-34), Doug Berger (D-7) and Kathy Harrington (R-43), Senate Bill 34 would codify the “Castle Doctrine” in the home, as well as establish immunity from civil lawsuits for those who use lethal force to defend themselves or their loved ones while in their home. The bill was amended to add automobiles to the Castle Doctrine protections, as well as “Stand Your Ground” language. This greatly expands the legislation to offer more protections for law-abiding citizens who use their firearms for personal protection.

Please contact your state Senator TODAY and respectfully urge him or her to support your right to self-defense and pass Senate Bill 34 when it comes up for a vote.

From an alert sent out by Grass Roots North Carolina this evening to its members:

Under guidance from Grass Roots North Carolina, the Senate Judiciary II Committee today passed SB 34: “Castle Doctrine” in a stronger version which could ultimately create the most comprehensive such law in the country.

Thanks to the efforts of Sens. Buck Newton (R-, GRNC ****) and Andrew Brock (R-Davie/Rowan, ****), an amendment was made to the bill to incorporate most of the desirable features of HB 74, plus an added protection against crime in the workplace.

GRNC Legislative Action Team members were heavily involved in improving the language of the bill, drafting and reviewing sections, and providing information to sponsors and committee members.

Speaking on behalf of the bill were Sens. Berger, Clary, Daniel, Newton, and Tucker. Raising questions about the bill were Sens. Dannelly and McKissick. Sen. Berger initially offered an amendment to remove workplaces, but later withdrew the amendment and voted for the bill. SB 34 passed unanimously.

Improvements made to SB 34 include:
* Presumption of reasonable fear of imminent death or great bodily injury when an attacker makes an unlawful and forcible entry not only of a home, but also a motor vehicle and a workplace. Beyond including the carjacking protection long-sought by GRNC, this may be the first law in the country to include the workplace among protected areas
* “No duty to retreat” before using deadly force in anyplace the victim has a lawful right to be.
* Protection against malicious prosecution: Police may not arrest a victim forced to use deadly force unless they have probable cause to believe the use of force was unjustified.

FoxNews Covers Project Gunwalker

Watch the latest video at <a href=”http://video.foxnews.com”>video.foxnews.com</a>

David Codrea has more on the story here.

Larry Pratt was interviewed by Megyn Kelly on America Live about Andrew Traver. Pratt also outlined the allegations regarding Project Gunwalker. No video is available on this yet.

To understand the full background of this story, David has prepared what he calls A Journalist’s Guide to Project Gunwalker. The story and timeline gets longer and longer every day.

UPDATE: The video of Larry Pratt’s interview with Megyn Kelly is now available.