I am TJIC

A Massachusetts gun blogger, Travis Corcoran, has had his firearms license suspended over a blog post he made after the shooting of Gabriele Giffords. His blog, Dispatches from TJICistan, is down. Borepatch and JayG have much more on the story and you should read them.

To lose your Second Amendments rights because you used your First Amendment rights to write something insensitive – but not illegal – puts a damper on the exercise of both constitutional rights.

Grandfathering and HR 308

HR 308, Carolyn McCarthy’s bill to outlaw standard capacity magazines and other feeding devices, does not allow any currently owned magazines above 10 rounds to be transferred. The Assault Weapons Ban (sic) of 1994 did allow for existing magazines to be sold, traded, or transferred. The new bill makes it a felony.

Sebastian at Snow Flakes in Hell has an excellent analysis of this provision. To understand just how radical a bill this is, you must read it. As he notes:

McCarthy’s bill contains no such exemption (as in AWB of 1994 regarding proof of ownership), which puts the burden on you to prove you fall under one of these two exemptions. Carolyn McCarthy has been on NPR saying that the things bloggers have been saying about her bill aren’t true. She knows damned well they are true, and so do the anti-gun groups. The purpose of this bill is to try to get more of us thrown in federal prison.

I am not naive enough to believe that they merely don’t know how to draft laws. Dennis Henigan is not a fool or an idiot. He knows federal guns laws, and I would be very surprised if McCarthy’s staffers didn’t consult with the Brady Center on this bill. By removing the original grandfathering and protections that were in the original 1994 ban, the effect is vastly different than what we lived under with that regime. Under this law, you may really only possess 11 round or greater magazines, unless you have proof you possessed them prior, at the arbitrary discretion of the authorities. How many magazines do you have documentation for?

 When you have RINO dinosaurs like Dick Lugar coming out in favor of a ban as well as the comments by Dick Cheney, it tells you two things: most don’t understand the difference between the law in 1994 and what McCarthy proposes AND we are going to have a fight on our hands to stop this monstrosity.

NSSF 50th Anniversary Video

The National Shooting Sports Foundation, sponsor of the SHOT Show, released this video today in honor of their 50th anniversary. You know you are getting old when you have a hard time conceiving that something started (or a person born) anytime in the Sixties could be 50 years old! It just doesn’t seem right.

Dick Cheney On Magazine Restrictions

Jamie Gangel asks Cheney about gun control after Tucson starting about the 2:45 mark.

Dick Cheney thinks it may be “appropriate” to reestablish size limits on magazines. He backs off a bit when he mentions the Second Amendment saying you have to be careful due to the Supreme Court rulings.

I’m sure this will be portrayed as a “common sense” measure.

Common sense is not shooting someone in the face! He violated Rule 2 and Rule 4 when he shot his friend in the face. Obeying those rules is common sense. Banning or limiting magazine size is not.

I think Alan at Snarky Bytes hits the nail on the head with his comments on Cheney.

HR 308 Co-Sponsors

Below is the latest list of sponsors and co-sponsors for Carolyn McCarthy’s HR 308 – The Large Capacity Ammunition Feeding Device Act. The list primarily consists of the usual Northeast and California suspects.

I do see Congressman Steve Cohen (D-TN) on the list. He made some news recently when he said he was going to get his Tennessee CCW permit. I wonder if he’ll ask for an amendment to exclude “high-ranking government officials” such as Congressmen from the bill.

Rep Ackerman, Gary L. [NY-5] – 1/18/2011
Rep Bishop, Timothy H. [NY-1] – 1/18/2011
Rep Blumenauer, Earl [OR-3] – 1/18/2011
Rep Brady, Robert A. [PA-1] – 1/18/2011
Rep Chu, Judy [CA-32] – 1/18/2011
Rep Cicilline, David N. [RI-1] – 1/18/2011
Rep Clay, Wm. Lacy [MO-1] – 1/18/2011
Rep Cohen, Steve [TN-9] – 1/18/2011
Rep Connolly, Gerald E. “Gerry” [VA-11] – 1/18/2011
Rep Conyers, John, Jr. [MI-14] – 1/18/2011
Rep DeGette, Diana [CO-1] – 1/18/2011
Rep Edwards, Donna F. [MD-4] – 1/18/2011
Rep Ellison, Keith [MN-5] – 1/18/2011
Rep Eshoo, Anna G. [CA-14] – 1/18/2011
Rep Farr, Sam [CA-17] – 1/18/2011
Rep Harman, Jane [CA-36] – 1/18/2011
Rep Hastings, Alcee L. [FL-23] – 1/18/2011
Rep Himes, James A. [CT-4] – 1/18/2011
Rep Hirono, Mazie K. [HI-2] – 1/18/2011
Rep Holt, Rush D. [NJ-12] – 1/18/2011
Rep Honda, Michael M. [CA-15] – 1/18/2011
Rep Israel, Steve [NY-2] – 1/18/2011
Rep Jackson Lee, Sheila [TX-18] – 1/18/2011
Rep Langevin, James R. [RI-2] – 1/18/2011
Rep Lowey, Nita M. [NY-18] – 1/18/2011
Rep Maloney, Carolyn B. [NY-14] – 1/18/2011
Rep Matsui, Doris O. [CA-5] – 1/18/2011
Rep McCollum, Betty [MN-4] – 1/18/2011
Rep McGovern, James P. [MA-3] – 1/18/2011
Rep Meeks, Gregory W. [NY-6] – 1/18/2011
Rep Miller, George [CA-7] – 1/18/2011
Rep Moran, James P. [VA-8] – 1/18/2011
Rep Nadler, Jerrold [NY-8] – 1/18/2011
Rep Norton, Eleanor Holmes [DC] – 1/18/2011
Rep Pascrell, Bill, Jr. [NJ-8] – 1/18/2011
Rep Pingree, Chellie [ME-1] – 1/18/2011
Rep Quigley, Mike [IL-5] – 1/18/2011
Rep Serrano, Jose E. [NY-16] – 1/18/2011
Rep Sherman, Brad [CA-27] – 1/18/2011
Rep Slaughter, Louise McIntosh [NY-28] – 1/18/2011
Rep Speier, Jackie [CA-12] – 1/18/2011
Rep Van Hollen, Chris [MD-8] – 1/18/2011
Rep Waters, Maxine [CA-35] – 1/18/2011
Rep Waxman, Henry A. [CA-30] – 1/18/2011
Rep Weiner, Anthony D. [NY-9] – 1/18/2011
Rep Woolsey, Lynn C. [CA-6] – 1/18/2011
Rep Yarmuth, John A. [KY-3] – 1/18/2011

UPDATE: Six more co-sponsors have signed on to McCarthy’s bill. This brings the total to 53.

Rep Berman, Howard L. [CA-28] – 1/19/2011
Rep Lofgren, Zoe [CA-16] – 1/19/2011
Rep Green, Al [TX-9] – 1/19/2011
Rep Schakowsky, Janice D. [IL-9] – 1/19/2011
Rep Deutch, Theodore E. [FL-19] – 1/19/2011
Rep Jackson, Jesse L., Jr. [IL-2] – 1/19/2011

UPDATE II: Four more co-sponsors. I am not able to retrieve NRA-PVF grades for the 2010 elections but those I did find for all the California co-sponsors for the 2008 election averaged F.

Rep Rothman, Steven R. [NJ-9] – 1/20/2011
Rep McDermott, Jim [WA-7] – 1/20/2011
Rep Doyle, Michael F. [PA-14] – 1/20/2011
Rep Sarbanes, John P. [MD-3] – 1/20/2011

HR 308 – Large Capacity Ammunition Feeding Device Act

Carolyn McCarthy (D-NY) introduced her bill yesterday to ban standard capacity magazines, drums, belts, tubes, stripper clips, or anything else that contains more than 10 rounds. Exemptions are made for police and military. All devices made for military or police uses if the bill passes would now be serialized.

Currently, the bill has 47 co-sponsors and has been referred to the House Judiciary Committee. So far, no companion bill has been introduced in the Senate.

H.R.308 — Large Capacity Ammunition Feeding Device Act (Introduced in House – IH)

HR 308 IH

112th CONGRESS

1st Session

H. R. 308
To prohibit the transfer or possession of large capacity ammunition feeding devices, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

January 18, 2011
Mrs. MCCARTHY of New York (for herself, Mr. CLAY, Ms. NORTON, Mr. WEINER, Ms. ESHOO, Mr. ISRAEL, Mrs. MALONEY, Mr. ACKERMAN, Mr. MORAN, Ms. MCCOLLUM, Mr. BRADY of Pennsylvania, Mr. SERRANO, Ms. PINGREE of Maine, Mr. GEORGE MILLER of California, Mr. MCGOVERN, Ms. HARMAN, Mr. PASCRELL, Ms. HIRONO, Mr. VAN HOLLEN, Mrs. LOWEY, Mr. NADLER, Ms. EDWARDS, Mr. HASTINGS of Florida, Ms. MATSUI, Ms. WATERS, Mr. CICILLINE, Ms. CHU, Mr. SHERMAN, Mr. HOLT, Mr. CONNOLLY of Virginia, Ms. SLAUGHTER, Mr. ELLISON, Mr. QUIGLEY, Mr. MEEKS, Mr. HIMES, Mr. HONDA, Mr. LANGEVIN, Ms. SPEIER, Mr. COHEN, Mr. WAXMAN, Mr. CONYERS, Mr. FARR, Mr. YARMUTH, Ms. JACKSON LEE of Texas, Ms. WOOLSEY, Mr. BLUMENAUER, Mr. BISHOP of New York, and Ms. DEGETTE) introduced the following bill; which was referred to the Committee on the Judiciary

——————————————————————————–

A BILL
To prohibit the transfer or possession of large capacity ammunition feeding devices, 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 `Large Capacity Ammunition Feeding Device Act’.

SEC. 2. PROHIBITION ON TRANSFER OR POSSESSION OF LARGE CAPACITY AMMUNITION FEEDING DEVICES.

(a) Definition- Section 921(a) of title 18, United States Code, is amended by inserting after paragraph (29) the following:

`(30) The term `large capacity ammunition feeding device’–

`(A) means a magazine, belt, drum, feed strip, or similar device that has a capacity of, or that can be readily restored or converted to accept, more than 10 rounds of ammunition; but

`(B) does not include an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition.’.

(b) Prohibitions- Section 922 of such title is amended by inserting after subsection (u) the following:

`(v)(1)(A)(i) Except as provided in clause (ii), it shall be unlawful for a person to transfer or possess a large capacity ammunition feeding device.

`(ii) Clause (i) shall not apply to the possession of a large capacity ammunition feeding device otherwise lawfully possessed within the United States on or before the date of the enactment of this subsection.

`(B) It shall be unlawful for any person to import or bring into the United States a large capacity ammunition feeding device.

`(2) Paragraph (1) shall not apply to–

`(A) a manufacture for, transfer to, or possession by the United States or a department or agency of the United States or a State or a department, agency, or political subdivision of a State, or a transfer to or possession by a law enforcement officer employed by such an entity for purposes of law enforcement (whether on or off duty);

`(B) a transfer to a licensee under title I of the Atomic Energy Act of 1954 for purposes of establishing and maintaining an on-site physical protection system and security organization required by Federal law, or possession by an employee or contractor of such a licensee on-site for such purposes or off-site for purposes of licensee-authorized training or transportation of nuclear materials;

`(C) the possession, by an individual who is retired from service with a law enforcement agency and is not otherwise prohibited from receiving ammunition, of a large capacity ammunition feeding device transferred to the individual by the agency upon that retirement; or

`(D) a manufacture, transfer, or possession of a large capacity ammunition feeding device by a licensed manufacturer or licensed importer for the purposes of testing or experimentation authorized by the Attorney General.’.

(c) Penalties- Section 924(a) of such title is amended by adding at the end the following:

`(8) Whoever knowingly violates section 922(v) shall be fined under this title, imprisoned not more than 10 years, or both.’.

(d) Identification Markings- Section 923(i) of such title is amended by adding at the end the following: `A large capacity ammunition feeding device manufactured after the date of the enactment of this sentence shall be identified by a serial number that clearly shows that the device was manufactured after such date of enactment, and such other identification as the Attorney General may by regulation prescribe.’.