Uncategorized

Uncategorized

Mayor Daley Not Fading Away

February 15, 2011 by

Chicago Mayor Richard M. Daley is not fading away as his latest term in office runs out. At least not with regard to gun control, that is.

Gathering a group of clergy, activists, elected officials, and victim’s families for his annual gun control law press conference, Daley pushed the Illinois General Assembly to pass “common-sense gun laws.”

Felons convicted of illegal gun possession or charged with other gun crimes would no longer be eligible for probation, under one of four new wrinkles in Daley’s annual package of gun control legislation.

The lame-duck mayor is also proposing: a mandatory, ten-year prison sentence for pointing a gun at a first responder; a separate felony charge for parents or guardians who bring a child along when they commit or attempt a felony and automatic transfer from juvenile to criminal court for 15- to 17-year-olds charged with possession or use of a firearm.

According to CBS Chicago, he also reiterated his call for an “assault weapons ban” and background checks on private sales. As heard in the audio report by WBBM, he was dismissive towards the Supreme Court for ruling against Chicago in the McDonald case. I guess when you have been the Mayor of Chicago for as long as Daley, you become a law unto yourself – at least in your own mind.

Asked by another reporter whether this was his last effort on gun control, Daley responded that “I will keep this up as a private citizen as well.” I wonder how much traction Daley will have once he doesn’t have his army of police, elected officials, and the Chicago Machine to back him up anymore.

Uncategorized

FY 2012 BATFE Proposed Budget

February 15, 2011 by 3 Comments

Below is the Obama Administration’s proposed budget for ATF for fiscal year 2012. Key points are that they will be increasing personnel by 186 and their overall budget by $52 million.

BUREAU OF ALCOHOL, TOBACCO, FIREARMS,AND EXPLOSIVES

Federal Funds

SALARIES AND EXPENSES

For necessary expenses of the Bureau of Alcohol, Tobacco, Firearms and Explosives, not to exceed $40,000 for official reception and representation expenses; for training of State and local law enforcement agencies with or without reimbursement, including training in connection with the training and acquisition of canines for explosives and fire accelerants detection; and for provision of laboratory assistance to State and local law enforcement agencies, with or without reimbursement, $1,147,295,000, of which not to exceed $1,000,000 shall be available for the payment of attorneys’ fees as provided by section 924(d)(2) of title 18, United States Code; and of which not to exceed $20,000,000 shall remain available until expended: Provided, That no funds appropriated herein shall be available
for salaries or administrative expenses in connection with consolidating or centralizing, within the Department of Justice, the records, or any portion thereof, of acquisition and disposition of firearms maintained by Federal firearms licensees: Provided further, That no funds appropriated herein shall be used to pay administrative expenses or the compensation of any officer or employee of the United States to implement an amendment or amendments to 27 CFR 478.118 or to change the definition of “Curios or relics” in 27 CFR 478.11 or remove any item from ATF Publication 5300.11 as it existed on January 1, 1994: Provided further, That none of the funds appropriated herein shall be available to investigate or act upon applications for relief from Federal firearms disabilities under 18 U.S.C. 925(c): Provided further, That such funds shall be available to investigate and act upon applications filed by corporations for relief from Federal firearms disabilities under section 925(c) of title 18, United States Code: Provided further, That no funds made available by this or any other Act may be used to transfer the functions, missions, or activities of the Bureau of Alcohol, Tobacco, Firearms and Explosives to other agencies or Departments in fiscal year 2012: rovided further, That, beginning in fiscal year 2012 and thereafter, no funds appropriated under this or any other Act may be used to disclose part or all of the contents of the Firearms Trace System database maintained by the National Trace Center of the Bureau of Alcohol, Tobacco, Firearms and Explosives or any information required to be kept by licensees pursuant to section 923(g) of title 18, United States Code, or required to be reported pursuant to paragraphs (3) and (7) of such section 923(g), except to: (1) a Federal, State, local, or tribal law enforcement agency, or a Federal, State, or local prosecutor; or (2) a foreign law enforcement agency solely in connection with or for use in a criminal investigation or prosecution; or (3) a Federal agency for a national security or intelligence purpose; unless such disclosure of such data to any of the entities described in (1), (2) or (3) of this proviso would compromise the identity of any undercover law enforcement officer or confidential informant, or interfere with any case under investigation; and no person or entity described in (1), (2) or (3) shall knowingly and publicly disclose such data; and all such data shall be immune from legal process, shall not be subject to subpoena or other discovery, shall be inadmissible in evidence, and shall not be used, relied on, or disclosed in any manner, nor shall testimony or other evidence be permitted based on the data, in a civil action in any State (including the District of Columbia) or Federal court or in an administrative proceeding other than a proceeding commenced by the Bureau of Alcohol, Tobacco, Firearms and Explosives to enforce the provisions of chapter 44 of such title, or a review of such an action or proceeding; except that this proviso shall not be construed to prevent: (A) the disclosure of statistical information concerning total production, importation, and exportation by each licensed importer (as defined in section 921(a)(9) of such title) and licensed manufacturer (as defined in section 921(a)(10) of such title); (B) the sharing or exchange of such information among and between Federal, State, local, or foreign law enforcement agencies, Federal, State, or local prosecutors, and Federal national security, intelligence, or counterterrorism officials; or (C) the publication of annual statistical reports on products regulated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, including total production, importation, and exportation by each licensed importer (as so defined) and licensed manufacturer (as so defined), or statistical aggregate data regarding firearms traffickers and trafficking channels, or firearms misuse, felons, and trafficking investigations: Provided further, That no funds made available by this or any other Act shall be expended to promulgate or implement any rule requiring a physical inventory of any business licensed under section 923 of title 18, United States Code: Provided further, That no funds under this Act may be used to electronically retrieve information gathered pursuant to 18 U.S.C. 923(g)(4) by name or any personal identification code: Provided further, That no funds authorized or made available under this or any other Act may be used to deny any application for a license under section 923 of title 18, United States Code, or renewal of such a license due to a lack of business activity, provided that the applicant is otherwise eligible to receive such a license, and is eligible to report business income or to claim an income tax deduction for business expenses under the Internal Revenue Code of 1986. Note.—A full-year 2011 appropriation for this account was not enacted at the time the budget was prepared; therefore, this account is operating under a continuing resolution (P.L. 111–242, as amended). The amounts included for 2011 reflect the annualized level provided by the continuing resolution.

I couldn’t get the tables to import correctly. To read the detailed budget data, go here. Start on page 729 (or 27 of the PDF). Budget line 4000 gives the gross budget for ATF. Also pay attention to the Employment Summary.

Unfortunately, this budget information doesn’t drill down to actual field divisions or offices.

Uncategorized

New HR 308 Co-Sponsors

February 14, 2011 by 2 Comments

HR 308, Carolyn McCarthy’s bill to ban standard capacity magazines and other loading devices, has 15 new co-sponsors which brings the total to 80. I still don’t see any Republicans as co-sponsors of this bill or of Sen. Frank Lautenberg’s companion bill, S. 32.

Last week, this bill was sent by the House Judiciary Committee to their Subcomittee on Crime, Terrorism, and Homeland Security which is chaired by Rep. James Sensenbrenner (R-WI) who is A-rated by the NRA on gun issues. Two-thirds of the Democrat minority of this subcommittee are listed as co-sponsors of HR 308.

The new co-sponsors are:

Rep Towns, Edolphus [NY-10] – 2/10/2011
Rep Engel, Eliot L. [NY-17] – 2/10/2011
Rep Crowley, Joseph [NY-7] – 2/10/2011
Rep Roybal-Allard, Lucille [CA-34] – 2/10/2011
Rep Capuano, Michael E. [MA-8] – 2/10/2011
Rep Napolitano, Grace F. [CA-38] – 2/10/2011
Rep Lee, Barbara [CA-9] – 2/10/2011
Rep Scott, Robert C. “Bobby” [VA-3] – 2/10/2011
Rep Tonko, Paul [NY-21] – 2/10/2011
Rep Payne, Donald M. [NJ-10] – 2/10/2011
Rep Olver, John W. [MA-1] – 2/10/2011
Rep Fattah, Chaka [PA-2] – 2/10/2011
Rep Sutton, Betty [OH-13] – 2/10/2011
Rep Tsongas, Niki [MA-5] – 2/10/2011
Rep Frank, Barney [MA-4] – 2/10/2011

UPDATE: Four more fellow travelers have been added to McCarthy’s list of co-sponsors.

Rep Price, David E. [NC-4] – 2/15/2011
Rep Fudge, Marcia L. [OH-11] – 2/15/2011
Rep Stark, Fortney Pete [CA-13] – 2/15/2011
Rep Garamendi, John [CA-10] – 2/15/2011

Lisa Price, the wife of Rep. David Price, is the co-founder and long-time head of North Carolinians Against Gun Violence. Rep. Price is also a co-sponsor of McCarthy’s “gun show loophole” bill.

One name missing from this list is Rep. Nancy Pelosi. I doubt she has changed her stripes but it is interesting nonetheless.

UPDATE II:  Another four Democrats have signed on to HR 308 as of yesterday.

Rep Johnson, Eddie Bernice [TX-30] – 2/17/2011
Rep Capps, Lois [CA-23] – 2/17/2011
Rep Richardson, Laura [CA-37] – 2/17/2011
Rep Cummings, Elijah E. [MD-7] – 2/17/2011

UPDATE III: You can add two more Democrats to the list of co-sponsors of HR 308.

Rep Schwartz, Allyson Y. [PA-13] – 2/18/2011
Rep Schiff, Adam B. [CA-29] – 2/18/2011

Schiff lists himself as a Blue Dog Democrat but this doesn’t look like what I’d expect a Blue Dog to do. Maybe he is really a Purple Dog just like Rep. Jane Harman who is also listed as Blue Dog. Harman was on the original list of co-sponsors of this bill.

Uncategorized

Concealed Carry Bills Introduced In Illinois

February 14, 2011 by 1 Comment

Two bills have been introduced into the Illinois State House that would bring concealed carry to Illinois if passed. HB 112 and HB 148 would both establish the Family and Personal Protection Act. Both bills have been referred to the Agriculture and Conservation Committee. While separate bills have been introduced, they are both identical in wording. As to why two identical bills would be introduced into the same chamber, I don’t have a clue.

The bills would as described in their synopses:

Creates the Family and Personal Protection Act. Permits the county sheriff to issue permits to carry concealed firearms to persons at least 21 years of age who meet certain requirements. Requires an applicant for a permit to have completed specified training requirements developed by the Illinois Law Enforcement Training Standards Board consisting of classroom instruction and live firing exercises. Preempts home rule. Amends the Illinois Police Training Act and the Criminal Code of 1961 to make conforming changes. Effective immediately.

Of the seven members of the House Agriculture and Conservation Committee, five are either sponsors or co-sponsors of these bills including both the Chair and Vice-Chair.

HB 112 can be found here and HB 148 can be found here.

According to a story in the Quincy Herald Whig quoting NRA lobbyist Todd Vandermede:

Todd Vandermyde, legislative liaison of the National Rifle Association, believes the Supreme Court rulings and the make-up of the Illinois Legislature both help the cause of gun rights.

“I think we’re positioned better now than we ever have been. A lot more Democrats coming on board,” Vandermyde said.

He pointed out that Sullivan is a member of the Senate leadership and supports gun rights. Additionally, he said a straw poll in the Senate shows a solid majority of the body supports laws to allow Illinois residents to carry firearms for protection.

“This isn’t some wild thing that only a few states do. It’s something that a lot of states do,” Vandermyde said.

The Sullivan referred to in the quote above is Senator John Sullivan (D-Rushville), one of the Majority Caucus Whips, who has consistently voted for gun rights legislation since he entered the Illinois State Senate.

While concealed carry bills may pass both houses of the Illinois legislature, Gov. Pat Quinn indicated in his election bid that he would veto any such bill. This makes the narrow loss of the Republican candidate for Governor in 2010, Bill Brady, even more painful as Brady had indicated he would sign such a concealed carry bill.

UPDATE: Thirdpower has this update about CCW in Illinois. There may be enough support for it there is a veto-proof majority. If that proves true, it is great news!

Uncategorized

Nein! Non! No! Na!

February 13, 2011 by 5 Comments

Switzerland is a quad-lingual country if you count the infrequently spoken Romansch. The other official languages are German, French, and Italian.

Regardless of the language, the voters of Switzerland have said “No” in today’s referendum to greater gun control.

Pro-gun campaign poster in Switzerland.

A bit over 56% of the Swiss voters rejected attempts by a coalition of the Green Party, unions, pacifists, church groups, and NGO’s to force military weapons to be kept in armories. The referendum would have also created a gun registry and banned the sale of both full auto weapons and pump-action rifles.

A overwhelming majority of the cantons – 20 out of 26 – were won by the pro-gun vote in this referendum. For a referendum to pass in Switzerland, both a majority of the cantons and a majority of the votes must be for it.

Here is how the AP reported the results of the vote.

Neutral Switzerland is among the best-armed nations in the world, with more guns per capita than almost any other country except the United States, Finland and Yemen.

At least 2.3 million weapons lie stashed in basements, cupboards and lofts in this country of less than 8 million people, according to the Geneva-based Small Arms Survey.

On Sunday, Swiss voters made sure it stays that way, rejecting a proposal to tighten the peaceful Alpine nation’s relaxed firearms laws.

While gun rights forces won today, I think Sebastian is right that the anti’s will be back. The membership of gun clubs is aging and younger voters were more likely to have voted for the gun restrictions proposed in the referendum.

Uncategorized

Blood Drenched Organization?

February 13, 2011 by 4 Comments

Lawrence O’Donnell of MSNBC’s “The Last Word” describes the NRA as a blood drenched organization in his “rewrite” of Wayne LaPierre’s CPAC speech. He goes on to say that “the merchants of death” aka firearms manufacturers pay Wayne’s salary. And here I thought it was my dues as a NRA member that paid them.

If Lawrence O’Donnell is considered by MSNBC to be the man to replace Keith Olbermann, it is obvious that he was chosen because of his gift for hyperbole and snide nastiness. Weren’t progressives bemoaning “hate-filled” political rhetoric only a few weeks ago? Mr. O’Donnell must not have gotten the memo.

Uncategorized

Tester To Introduce Collectible Firearms Protection Act

February 12, 2011 by

The problem of importing those Korean Garands and M-1 carbines could be resolved if a bill that will be introduced by Sen. Jon Tester (D-MT) is passed. The bipartisan bill already has six co-sponsors.

Below is the text of the bill that Sen. Tester plans to introduce to the Senate:

112TH CONGRESS
1ST SESSION S. l

To amend the Arms Export Control Act to provide that certain firearms
listed as curios or relics may be imported into the United States by
a licensed importer without obtaining authorization from the Department
of State or the Department of Defense, and for other purposes.

IN THE SENATE OF THE UNITED STATES

Mr. TESTER (for himself, Mr. CRAPO, Mr. WICKER, Mr. INHOFE, Mr. ENZI,
Mr. BEGICH, and Ms. MURKOWSKI) introduced the following bill

A BILL

To amend the Arms Export Control Act to provide that certain firearms listed as curios or relics may be imported into the United States by a licensed importer without obtaining authorization from the Department of State or the Department of Defense, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Collectible Firearms Protection Act’’.

SEC. 2. AMENDMENTS TO ARMS EXPORT CONTROL ACT.
(a) IN GENERAL.—Section 38(b)(1) of the Arms Export Control Act (22 U.S.C. 2778(b)(1)) is amended—

(1) by redesignating the first subparagraph (B)(as added by section 8142(a) of the Department of Defense Appropriations Act, 1988 (as enacted into law by Public Law 100–202; 101 Stat. 1329–88)) as subparagraph (C);

(2) in subparagraph (C) (as redesignated byparagraph (1) of this subsection)—
(A) in the matter preceding clause (i), by striking ‘‘subparagraph (A)’’ and inserting‘‘subparagraph (A)(i)’’;
(B) in clause (i), by striking ‘‘Secretary of the Treasury’’ and inserting ‘‘Attorney General’’; and
(C) by striking clause (ii) and inserting the
following:
‘‘(ii) the person seeking to export such firearms
to the United States certifies to the Attorney General that the firearms are lawfully possessed under the laws of the exporting country.’’; and

(3) by adding at the end the following:
‘‘(D) Notwithstanding any other provision of law, regulation, or executive order, any such firearms described in subparagraph (C) may be imported into the United
States by an importer licensed under the provisions of chapter 44 of title 18, United States Code, without the importer or the person described in subparagraph
(C)(ii)—
‘‘(i) obtaining authorization from the Department of State or the Department of Defense for the transfer of such firearms by the person to the importer; or
‘‘(ii) providing payment to the Department of State or the Department of Defense of any of the proceeds of the transfer of such firearms by the person to the importer.’’.

(b) EFFECTIVE DATE.—The amendments made by subsection (a) apply to the importation of firearms described in section 38(b)(1)(C) of the Arms Export Control Act (as amended by subsection (a) of this section) on or after the date of the enactment of this Act.

Uncategorized

NRA On Project “Gunwalker”

February 12, 2011 by

The NRA-ILA released this yesterday regarding Project “Gunwalker”:

Senator Grassley Presses BATFE On Project Gunrunner

Friday, February 11, 2011

Pointing to documentation that guns used by Mexican nationals in a shootout with Border Patrol agents were allowed to be sold under suspicious circumstances with the knowledge of the Bureau of Alcohol Tobacco, Firearms and Explosives, U.S. Senator Charles Grassley (R-Iowa) is calling on the agency to fully respond to his inquiries into the case. Border Patrol Agent Brian Terry was killed in that encounter on Dec. 14 of last year.

Grassley has called the response of BATFE to his original letter on inquiry “little more than delay and denial.”

Assistant Attorney General Ronald Weich responded to Grassley on Feb. 4 denying the allegations.

Senator Grassley on Feb. 9 wrote Attorney General Eric Holder to again request that BATFE cooperate with his investigation, writing “the Terry family deserves answers.”

Grassley stated in the letter that he has documentation for his allegations. “The whistleblowers have expressed a desire to honor agent Terry’s memory by disclosing this information. The Justice Department should work to do the same. The best way to honor his memory is to come clean.”

Senator Grassley has demonstrated that he is determined to uncover the truth regarding BATFE’s investigative tactics, even as BATFE seems intent on shutting down his investigation. BATFE has accused Grassley of conducting a “partisan” investigation and has even gone so far as to ask that Senate Judiciary Committee staff stop talking to law enforcement personnel.

Since Agent Terry’s killing, BATFE has denied the allegations regarding its investigations while at the same time claiming that a shortage of manpower and resources prevents the agency from accounting for all the firearms it is tracking.

The obvious question is: Did BATFE have no involvement with the firearms involved in the shootout, or did it lack the manpower to do its job effectively?

Either way, the BATFE’s desire to mandate reporting of multiple long gun sales by border area firearms dealers is questionable since BATFE seems incapable of managing the criminal leads it already has and unwilling to submit to constitutionally mandated Congressional oversight.

While this statement is not as strong as that of Gun Owners of America or the Citizen’s Committee for the Right to Keep and Bear Arms, it is significant nonetheless because it puts the heft of the NRA behind Sen. Chuck Grassley as he pushes DOJ and BATFE for answers. It never hurts to have the 800 pound gorilla on your side.

Uncategorized

HR 645 – A Bipartisan Bill To Bring The 2nd Amendment To DC

February 12, 2011 by 6 Comments

Rep. Mike Ross (D-AR) along with Rep. Jim Jordan (R-OH) introduced a bill in the House of Representatives on Thursday that would “restore Second Amendment rights in the District of Columbia. The text of the bill, HR 645, has not be released yet by the Government Printing Office. The bill has been sent to the House Oversight and Government Reform Committee for hearings.

According to a press release on the bill issued by Ross’s office, HR 645 would:

The major provisions of the Second Amendment Enforcement Act include:

Repeal the D.C. Semiautomatic Ban. The District has restricted or banned the availability of various types of semiautomatic firearms that are widely owned throughout the United States. This repeal would allow District residents to choose for themselves the best firearms to meet their needs. The District’s current ban on fully-automatic machine guns would remain in place.

Restore the Right to Self Defense in the Home. The bill would repeal the District’s current storage law and allow gun owners to store their firearms so that they are readily available for immediate defensive purposes. It would also provide for criminal penalties when a person allows an unattended firearm to fall into the hands of minors who harm themselves or others.

Authorize Purchases of Firearms and Ammunition by D.C. Residents. Because there are not traditional gun shops in D.C. and federal law prohibits a person from purchasing handguns outside the person’s state of residence, this bill would provide more meaningful opportunities for D.C. residents to obtain the right firearms for their needs in Maryland and Virginia. It would also allow licensed dealers in D.C. to sell non-restricted ammunition.

Repeal Overly Restrictive Registration Requirement. Buying a firearm in D.C. can often take weeks and the registration fees can often cost as much as the gun itself. This bill would repeal the burdensome and very costly registration requirement and allows D.C. residents to exercise their right to bear arms without undue hindrance.

Ensure the Firearms May be Transported and Carried for Legitimate Purposes. This bill would allow a person to transport and carry firearms in prescribed manners for lawful purposes, while authorizing the D.C. City Council to implement regulations governing licensed carry and the prohibition of firearms in sensitive public places.

Ross represents the 4th District of Arkansas. He is one of the few Blue Dog Democrats to be re-elected in 2010 and is co-chairman of the Congressional Sportsman’s Caucus. He notes in his press release that he is a Life Member of the NRA. Both he and Jordan signed the amicus brief submitted by Members of Congress supporting Heller in D.C. v Heller.

Jordan represents the 4th District of Ohio. He is Chairman of the Republican Study Committee for the 112th Congress which is the caucus of Republican conservatives. Jordan serves onthe House Oversight and Government Reform Committee, where he serves as Chairman of the Subcommittee on Regulatory Affairs, Stimulus Oversight and Government Spending.

Ross and Jordan were rated A+ for the 2010 election cycle by the NRA Political Victory Fund and both received the NRA endorsement.

UPDATE: The Washington Post reports on the bill introduced by Ross and Jordan. They think that some sort of bill will pass that will reduce the constraints imposed by the DC City Council. However, they are unsure whether a standalone bill will get through Congress and Obama.

House Delegate Eleanor Holmes Norton (D-DC) is positively apoplectic in her response to this bill. From a release that her office issue:

“House Republicans revealed themselves to be hypocrites on day one of the new Congress when they stripped our residents of the federal court-approved Committee of the Whole vote,” Norton said. “They won control of the House on the slogans of job creation and reducing the power of the federal government, but they have spent the first month in the majority introducing bills to usurp the local autonomy of the District of Columbia. They underestimate our residents if they think this city will tolerate autocratic rule from Congress any more than the Jordan and Ross districts would tolerate dictatorship from Congress on local matters.”

UPDATE II: The full text of HR 645 is now available. It is a long bill so here is the link to the PDF of the bill.