by Embedded below is the ATF budget excerpted from the Department of Justice supplements sent to Congress by the White House. It is best viewed at 100-125%.
Month: February 2011
HR 615 – Collectible Firearms Protection Act
Rep. Cynthia Lummis (R-WY) has introduced HR 615 – the Collectible Firearms Protection Act. It is a mirror of the bill that Sen. Jon Tester (D-MT) will be introducing into the Senate.
The bill has been referred to the House Foreign Affairs Committee and the House Ways and Means Committee for hearings.
Currently, this bill has eight co-sponsors on both sides of the aisle.
Rep Bishop, Rob [UT-1] – 2/10/2011
Rep Broun, Paul C. [GA-10] – 2/10/2011
Rep Carter, John R. [TX-31] – 2/10/2011
Rep Donnelly, Joe [IN-2] – 2/10/2011
Rep King, Steve [IA-5] – 2/10/2011
Rep Miller, Jeff [FL-1] – 2/10/2011
Rep Rehberg, Denny [MT] – 2/10/2011
Rep Ross, Mike [AR-4] – 2/10/2011
If your own Congressman is gun-friendly, you should ask him (or her) to sign on as a co-sponsor of this bill. As a “cruffler”, if this bill passes it could mean more firearms imported or re-imported to the U.S. for collectors. I still remember the 3-fers that Century International used to offer. I got three Finnish Moisin-Nagant M-39s for $88 plus shipping.
From A Gun Show In Boise?
As Tom Gresham has said, we must close the submarine loophole! I wonder if this is what Carolyn McCarthy means about the gun show loophole?
The full story can be found here. The sub had a crew of around six and could make the whole voyage to the U.S. submerged.
I Want One!
Robb at Sharp As A Marble has created a new T-shirt. It is sure to anger the gun prohibitionists.
This shirt is in reaction to Abby Spangler of “Protest Easy Guns”. She tweeted a reaction to Chris Cox’s op-ed in yesterday’s USA Today. These are not just standard or, if you insist, high capacity magazines. They are MASS MURDER MAGAZINES. As Sebastian says, all caps are mandatory.
NSSF Releases Letter Opposing Multi-Rifle Sale Reporting
From the NSSF:
The National Shooting Sports Foundation (NSSF) sent a letter yesterday to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Office of Management and Budget commenting on ATF’s proposal to require as part of a year-long “pilot program” that federally licensed firearms retailers in Texas, New Mexico, Arizona and California report to ATF the multiple sales of certain rifles (Federal Register, December 17, 2010).
In its letter, NSSF explains that it respectfully disagrees with ATF’s proposal because Congress has not provided ATF the legal authority under the Gun Control Act to impose this reporting requirement and, perhaps more importantly, because NSSF believes that this reporting requirement will actually make it more difficult for firearms retailers to help law enforcement since illegal firearms traffickers will easily modify their illegal schemes to circumvent the new reporting requirement.
While NSSF opposes ATF’s proposal, it remains committed to strongly encouraging all firearms retailers to contact ATF whenever they suspect an illegal straw purchase or other efforts to acquire firearms for illegal purposes.
The NSSF’s letter can be found here.
I found this part of their letter particularly interesting.
The information collection request published by ATF in the Federal Register (75 Fed. Reg. 79021, Dec. 17, 2010) is inconsistent with public statements by ATF (See remarks by Acting ATF Director Ken Melson, December 20, 2010 at http://www.atf.gov/press/releases/2010/12/122010-hdqrts-melson-webcast.html, “ATF Remarks”) and subsequent news reports. First, the information collection request itself applies to all federal firearms licensees everywhere in the United States. It is not geographically limited to licensed firearms dealers located in Texas, New Mexico, Arizona and California (See ATF Remarks, supra). The notice does not say the collection of information will be for one year, as stated by Acting Director Melson.
The notice also underestimates the burden on licensees. ATF appears assume that only one form per dealer will be filled out per year. Not basis is set forth for this conclusion and we are left to speculate. The time estimate of 12 minutes we believe underestimates the burden on small dealers especially those that have not sold handguns and are not familiar will completing the multiple sales form for handguns. The burden and cost to dealers is also not limited to filling out the form itself. ATF underestimates the burden and cost to dealers – particularly small dealers – to implement processes to ensure compliance wit this new reporting requirement, e.g. that one employee doesn’t accidentally sell and fail to report a perfectly legal rifle to a customer to whom another employee sold a rifle within the five day window.
Buyers will no longer be protected by FOPA. Never before, not even in situations where demand-letters have been permitted, has the required information included the identity of the transferors. Blaustein & Reich, Inc. v. Buckles, 365 F.3d 281 (4th Cir. 2004).
Mayor Daley Not Fading Away
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.
FY 2012 BATFE Proposed Budget
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.
New HR 308 Co-Sponsors
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.
Concealed Carry Bills Introduced In Illinois
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!
Nein! Non! No! Na!
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.
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| 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.
