gun control

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Headline Of The Day

April 18, 2013 by 3 Comments



The headline of the day comes from the National Journal on a story about today’s win for gun rights (or defeat of gun control depending upon your perspective).

At Pivotal Point in Presidency, Obama Routed on Gun Control

What makes this headline even more sweet is that it was written by the National Journal’s Ron Fournier who has been vehemently anti-gun. He tries to salvage this defeat by saying that the win could backfire if it empowers those backing gun prohibition.

I sincerely doubt that will happen given the differences in intensity between those who support rights and those who want to take them away. Even Fournier recognizes this. That said he still has high hopes for Obama’s version of the Young Pioneers.

What if the fledgling OFA unlocks the key to converting Obama’s
reelection machine into a million-member lobbying force? What if voters
who support the Second Amendment and commonsense gun regulation
get angry at Congress for ignoring them? What if these voters realize
that the same social and technological forces that democratized 21st century media and commerce—as well as enabling revolutions in the Middle East—also empower individual Americans to change Congress?

To which I would say, dream on.

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A Load Of Bovine Excrement

April 17, 2013 by 1 Comment

I just read Mayor Bloomberg’s response to the defeat of Manchin-Toomey. If you need some organic fertilizer for your garden, there is a lot of it here.

“Today’s vote is a damning indictment of the stranglehold that special
interests have on Washington. More than 40 U.S. senators would rather
turn their backs on the 90 percent of Americans who support
comprehensive background checks than buck the increasingly extremist
wing of the gun lobby. Democrats – who are so quick to blame Republicans
for our broken gun laws – could not stand united. And Republicans – who
are so quick to blame Democrats for not being tough enough on crime –
handed criminals a huge victory, by preserving their ability to buy guns
illegally at gun shows and online and keeping the illegal trafficking
market well-fed. Senators Manchin and Toomey – as well as Majority
Leader Reid and Senators Schumer, Kirk, Collins, McCain and others –
deserve real credit for coming together around a compromise bill that
struck a fair balance, and President Obama and Vice-President Biden
deserve credit for their leadership since the Sandy Hook massacre. But
even with some bi-partisan support, a common-sense public safety reform
died in the U.S. Senate at the hands of those who are more interested in
attempting to protect their own political careers – or some false sense
of ideological purity – than protecting the lives of innocent
Americans. The only silver lining is that we now know who refuses to
stand with the 90 percent of Americans – and in 2014, our ever-expanding
coalition of supporters will work to make sure that voters don’t
forget.”

At least he blames both Democrats and Republicans alike for the failure of the bill. I’ll give him that.

What I find interesting is his ideological blindness bordering on hypocrisy. If you rewrote the first two sentences and substituted Colorado for Washington and US, you’d have exactly what just happened in Colorado. To say that most Coloradans were in favor of those gun control bills would be a lie. Moreover, the Democrats in the Colorado House and Senate were told by their leaders (and Bloomberg’s lobbyists) to ignore what their constituents were saying. If that isn’t turning their back on Coloradans, what is?

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New Jersey Native Threatens To Replace AZ Senator Over His Pro-Gun Stance

April 16, 2013 by 4 Comments

In one of the more amusing news stories today, Mark Kelly, gun control advocate and husband of Gabby Giffords, is threatening to “replace” Sen. Jeff Flake (R-AZ) in 2018 if Flake doesn’t vote for gun control.

Kelly was reacting to Flake’s announcement — posted Monday night on the senator’s Facebook page — that he will oppose a bill by conservative Sens. Joe Manchin, D-W.Va., and Pat Toomey, R-Penn., that would expand background checks to include people attempting to buy firearms from private individuals at gun shows or on the Internet. The bill is being offered as a compromise to amend a bill with a more sweeping background check requirement.

But Flake said on his Facebook page that he believes the bill would still go too far.

“Manchin-Toomey would expand background checks far beyond commercial sales to include almost all private transfers — including between friends and neighbors — if the posting or display of the ad for a firearm was made public,” Flake said in his posting. “It would likely even extend to message boards, like the one in an office kitchen. This simply goes too far.”

Kelly still thinks he can persuade Flake to come around on the Manchin-Toomey amendment “when I talk to him about why his concerns are unfounded.”

If that doesn’t work, then maybe the Orange, New Jersey native will threaten to hold his breathe and stomp his feet to get his way. For some reason I think that is destined to failure as well.

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GRNC Refuses To Pull Punches

April 15, 2013 by

After hearing that CCRKBA endorsed Manchin-Toomey today, it is refreshing to see an organization stand firm. Grass Roots North Carolina is not backing down in their opposition to any form of gun control including the lesser background checks of Manchin-Toomey.

From their release:

Stop Toomey-Manchin Sellout NOW!

– Make calls to sellouts who voted for ‘universal gun registration’
– Show up at Sen. Burr’s district office to voice your displeasure

DEMONSTRATION AT BURR’S OFFICE:

On Tuesday, April 16 at 10:00 AM, GRNC will be holding a demonstration at Senator Richard Burr’s district office in Winston-Salem to deliver the message that his sellout by voting for S. 659 will not be tolerated, and that if he votes for the Toomey-Manchin “compromise” described below, we will work to remove him from office. As always, please “dress for the press” — no offensive signs or clothing. Please note that firearms at demonstrations are prohibited by law. Suggested themes for signs: “Richard Burr: 2nd Amendment Sellout?” and “Burr: Vote ‘NO’ on Toomey-Manchin”. Please RSVP with number of people attending to: Volunteer@GRNC.org Yes, it’s a work day: BE THERE ANYWAY!

Burr’s office is at: 2000 West 1st St., Suite 508, Winston-Salem, NC 27104. BRING LOTS OF FRIENDS! It you live too far away from this office, visit other district offices, which can be found at: http://www.burr.senate.gov/public/index.cfm?FuseAction=Contact.Home

Update: Vote is on Tuesday

On Thursday, both Senators Richard Burr (R) and Kay Hagan (D) sold out gun owners by voting for the “motion to proceed” which will bring “universal gun registration” bill S. 649 to the Senate floor for debate this Tuesday. Hagan has been doing her best to camouflage her stance on the issue, while Burr had previously said he would support the Rand Paul filibuster, before switching sides and voting to proceed. Burr’s claims that he did so only when promised an open amendment process ring false: The most certain way to kill the bill would have been to deny it a floor vote.

‘See a shrink, lose your guns’

Sen. Harry Reid’s original version of S. 649 would criminalize a huge array of lawful behaviors such as loaning a gun to your mother, loaning a gun to a friend to hunt, or even leaving one at home with your spouse for more than 7 days.

The first amendment to be offered, on Tuesday, is the “compromise” worked out by Sens. Pat Toomey (R-PA) and Joe Manchin (D-WV). Although you’re being told it is “better” because it protections for gun owners, those “protections” have holes you could drive a truck through.

As is invariably the case, this “compromise” defines a process in which you lose slightly less than under the original proposal, but you still lose! Worse, the Toomey-Manchin measure described by Gun Owners of America as “See a shrink, lose your guns” is a very real threat.

Says “US News & World Report”: “Toomey and Manchin’s legislation clarifies that doctors can enter mental health records into the national background check system without it being a violation of privacy laws.”

Similar measure triggers confiscations in NY

Thanks to the vagueness of Title 18 of the US Code of Regulations, a single doctor’s report could potentially trigger the loss of your gun rights without any type of hearing or due process. If you want to see how that works, check New York State, which recently adopted a similar proposal. As reported by Fox News and others, authorities have begun confiscating guns from lawful gun owners — in some cases, even the wrong gun owners.

IMMEDIATE ACTION REQUIRED!

Vote likely Tuesday

Burr says he opposes the Toomey-Manchin amendment…but he also said he would filibuster the S. 649 motion to proceed, and we all know how that worked out. Hagan probably wants to vote for it and then claim it as a pro-Second Amendment vote. It is not.

If the Toomey-Manchin amendment passes on Tuesday, it will hurt our chances for killing S. 649. Stopping Toomey-Manchin will probably kill the bill. Accordingly, you need to deliver a LOUD & CLEAR message to both Burr and Hagan (and Republican turncoats from other states) that if they vote for the Toomey-Manchin amendment, they should start looking for a new job.

  • EMAIL & CALL Sen. Richard Burr at: (202) 224-3154 Contact Sen Burr


  • EMAIL & CALL Sen. Kay Hagan at: (202) 224-6342 Contact Sen Hagan

  • CALL: Republican sellouts who voted for the S. 649 motion to proceed

CONTACT INFO

New Hampshire Sen. Kelly Ayotte (202) 224-3324
Georgia Sen. Saxby Chambliss (202) 224-3521
Oklahoma Sen. Tom Coburn (202) 224-5754
Maine Sen. Susan Collins (202) 224-2523
Arizona Sen. Jeff Flake (202) 224-4521
Georgia Sen. Johnny Isakson (202) 224-3643
Arizona Sen. John McCain (202) 224-2235
Mississippi Sen. Roger Wicker (202) 224-6253
North Dakota Sen. John Hoeven (202) 224-2551
Illinois Sen. Mark Kirk (202) 224-2854
South Carolina Sen. Lindsey Graham (202) 224-5972
Tennessee Sen. Lamar Alexander (202) 224-4944
Tennessee Sen. Bob Corker (202) 224-3344
Pennsylvania Sen. Pat Toomey (202) 224-4254
Nevada Sen. Dean Heller (202) 224-6244

DELIVER THIS MESSAGE

Suggested Subject: “Stop Toomey-Manchin Sellout NOW!”

Dear Senator:

Your vote for the motion to proceed on S. 649 will be forever reflected as a vote against the Second Amendment. What happens next is up to you: Either you can mitigate the damage by voting against the Toomey-Manchin sellout, or you can once again betray gun owners and the Constitution.

Understand that I do not consider this “compromise” to be anything other than a sellout of Second Amendment interests. The supposed protections if promises gun owners are false, and its dangers to gun rights are very real. As gun owners have told you before: We will not compromise on this issue.

In fact, if you continue to vote against gun rights, I encourage you to look for another job; in your next election, gun owners will work to remove you. I will continue to monitor your performance via Grass Roots North Carolina legislative alerts.

Respectfully,

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Peter King And Mike Thompson To Introduce Toomey-Manchin In The House

April 12, 2013 by 5 Comments

Rep. Peter King (R-NY) and Rep. Mike Thompson (D-CA) have announced they will be introducing the House version of the Toomey-Manchin amendment on Monday.

“I will be introducing, along with Mike Thompson [D-Calif.], basically the House version of the Manchin-Toomey bill on Monday or Tuesday at the latest,” the New York Republican said, referencing the bipartisan agreement on background checks reached this week between Sens. Joe Manchin (D-W.Va.) and Pat Toomey (R-Pa.).

He said the legislation will “replicate” what was agreed to by those senators, a bipartisan deal that expands background checks for commercial gun purchases, including those made at gun shows.

King noted that Toomey’s conservative credentials make it easier for House Republicans to vote for background checks.

In my opinion, Peter King is and has always been a big government statist type. Seeing him introduce a gun control bill is not a surprise as he has supported them many times in the past.

Thompson is a self-described Blue Dog Democrat and gun owner. Thompson says he is familiar with assault rifles as he carried one in Vietnam – over 40 years ago. While I thank him for his service, that was a long time ago.

He issued a statement yesterday hinting towards this House bill and applauding the Senate for passing the motion to process on S. 649.

“Today Senate Republicans and Democrats voted overwhelmingly to reject the shameful filibuster that attempted to deny Americans a vote on legislation that will reduce and prevent gun violence.

“Background checks are the first line of defense against criminals and the dangerously mentally ill from getting guns. That’s why the American people, gun owners, NRA members, and even many House Republicans support background checks.

“The bipartisan background check legislation that I will introduce and will be voted on in the Senate is enforceable, will save lives, and respects the Second Amendment rights of law abiding Americans. It’s time for Congress to act. The American people are getting a vote in the Senate. They deserve one in the House.”

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Text To Manchin-Toomey Amendment Is Now Available

April 12, 2013 by 14 Comments

After the Senate adjourned this evening, Sen. Pat Toomey (R-PA) released the official language to the Public Safety and Second Amendment Rights Protection Act. This is the amendment that he and Sen. Joe Manchin (D-WV) will submit to Sen. Chuck Schumer’s S. 649.

I’ve briefly scanned through it and have some preliminary observations.

First, the incentives to the states to provide more and better data to the NICS System looks to have been lifted in its entirety from Sec. 101 and 102 of Schumer’s S. 374.

Second, if you offer to sell a firearm using any forum, gun board, Facebook, Gunbroker,com, etc. OR any classified ad in a newspaper or free trading post paper, you must do a background check. From Section 122

(B) pursuant to an advertisement, posting, display or other listing on
the Internet or in a publication by the transferor of his intent to
transfer, or the transferee of his intent to acquire, the firearm.

The bill does say offering to sell or exhibit your gun for sale in your private residence doesn’t constitute a gun show. Still, if you offered to sell it first on the Internet and completed the sale at home, a check would be required.

Third, while the dealer can substitute a CCW or FOID card for the NICS check, it still has to be done by a licensed dealer and a Form 4473 must be completed. Moreover, if I’m reading it correctly, substitution of the CCW for the NICS check would only apply if the Feds have certified it is equivalent. I know there are many states where the a CCW is not accepted in lieu of a NICS check.

Fourth, under Sec. 129 – Rule of Construction it states:

Nothing in this subtitle, or an amendment made by this subtitle, shall be construed-
(1)
to extend background check requirements to transfers other than those
made at gun shows or on the curtilage thereof, or pursuant to an
advertisement, posting, display, or other listing on the Internet or in a
publication by the transferor of the intent of the transferor to
transfer, or the transferee of the intent of the transferee to acquire,
the firearm; or
(2) to extend background check requirements to
temporary transfers for purposes including lawful hunting or sporting or
to temporary possession of a firearm for purposes of examination or
evaluation by a prospective transferee.

I would still worry about so-called temporary transfers for purposes other than hunting or sporting purposes between non-family members. If you loaned a friend who was separated from an abusive spouse a gun for self-protection, it might be dicey.

Finally, the only part of the bill I like is that it makes knowingly violating the prohibition against a national gun registry an offense with a 15 year prison term.

UPDATE: Sebastian has a much more thorough analysis of the amendment here. I would make sure to read the comments as they also contain a lot of analysis.

In general, it seems to be upon reflection that requiring background checks for private sales conducted or arranged at gun shows or through the Internet or a publication is just one step away from universal background checks. All it would take to make it so would another amendment to the bill. The gun prohibitionists could make the argument, and in this case I’d consider it valid, if you are going to require background checks for a gun sold through a posting on an electronic bulletin board, why not require it for posting a notice on a cork bulletin board at work.

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What – No Blow And Hookers Available?

April 11, 2013 by 8 Comments

Sen. Mark Kirk (Rino-IL) is crediting booze and a yacht for smoothing an agreement on gun control.

Speaking to reporters about his work on firearm background checks and other gun-related legislation, the Illinois Republican told a gaggle of reporters that credit for bipartisan efforts in the Senate are in part thanks to visits to the Black Tie, a vessel that is partially owned by Sen. Joe Manchin III, D-W.Va.

“You guys really ought to go out to National Harbor and see the Black Tie, which has been much of the reason for much of the bipartisan cooperation around here,” Kirk said.

Kirk said Sens. Kay Hagan, a North Carolina Democrat and Lisa Murkowski, an Alaska Republican, are frequent visitors. Asked about the menu at the gatherings, Kirk didn’t say much, though he indicated some booze might be consumed.

“Sometimes alcoholic beverages might be served and ties might … get loosened,” Kirk said.

Manchin described the yacht as “an old boat” in an interview with the Washington Post published today. He seemed a little surprised that they knew about it.

Ed O’Keefe: He said that you’re a one-eighth owner of a vessel that sits in National Harbor.

Manchin: “No, I’m not one-eighth. I’m a wee little small owner and have a generous partner. But you know what, it’s an older boat, it’s nice, we have a lot of fun.”

David A. Fahrenthold: Is it a yacht or pontoon?

Manchin: “No, it’s an older big boat. But we can get 10 or more senators and have a good time. And you know what? We can go float out there and you can’t find us.

“We go out on the Potomac. You build relationships. I’m doing everything I can to build relationships. I love to know my senator colleagues – Democrats and Republicans. Just trying to, I just know back home that’s what we do. Cheapest thing you can do is feed people.

Ed O’Keefe: Were any of the gun talks aboard The Black Tie?

Manchin: “We talk about everything. Everything. Everybody. You’d be surprised — and Mark will tell you that. Mark and I just kept getting, we’ve been good friends since day one and we kept getting closer and closer and closer. And we’d say, ‘Let’s invite so-and-so, you invite so-and-so and I’ll invite so-and-so.’

“And you know, just beer, pizza, whatever, just have a good time. But it was a way to break the ice, it was a way that we look forward to getting together. The boat’s not here now, but if we get it back, we’ll use it again.

The Black Tie is a little bit more than a “pontoon boat”. According to this article, Manchin bought the boat in partnership with another couple for $620,000 back in 2003. It is a 54 ft Sea Ray Sundancer 540. He and the other couple formed a Delaware corporation to own even though at the time he was Secretary of State for West Virginia. One of the current co-owners is former WV State Liquor Commissioner Dick Barber who was previously convicted on Federal charges of racketeering. Manchin’s people are denying that Barber is still an owner.

An example of a Sundancer 540

I guess the junior Senator from West Virginia is giving new meaning to trying to keep up with the Rockefellers.

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Motion To Proceed On S. 649

April 11, 2013 by 9 Comments

The Senate approved the motion to proceed on S. 649 by a vote of 68-31. This means they will begin debating the issue. There had been talk of a fillibuster on this motion which evidently never materialized.

Voting for the motion to proceed were 16 Republicans while 2 Democrats voted against it.

Sixteen Republicans voted in favor of the motion, while two Democrats — both from states President Obama lost in the 2012 election, voted against it. The two Democrats were Sens. Mark Begich (Alaska) and Mark Pryor (Ark.), both of whom face reelection next year.

The sixteen Republicans who voted to proceed were Sens. Lamar Alexander (Tenn.), Kelly Ayotte (N.H.), Richard Burr (N.C.), Saxby Chambliss (Ga.), Tom Coburn (Okla.), Susan Collins (Maine). Bob Corker (Tenn.), Jeff Flake (Ariz.), Lindsey Graham (S.C.), Dean Heller (Nev.), John Hoeven (N.D.), Johnny Isakson (Ga.), Mark Kirk (Ill.), John McCain (Ariz.), Pat Toomey (Pa.) and Roger Wicker (Miss.).

I’m a bit surprised to see Sen. Richard Burr (R-NC) on that list as he had agreed to fillibuster the bill earlier. If you’re a North Carolinian, a call to his office just might be in order.

From RollCall on the motion and S. 649.

Even before the roll was called, proponents of the most ambitious gun control package possible announced they had an agreement for an even more pivotal vote on Tuesday — on language embodying the bipartisan agreement, unveiled Wednesday, for expanding the reach of required background checks to cover customers at gun shows and online transactions, but not noncommercial sales. Background checks now are required only before sales at the country’s 55,000 licensed gun dealers.

The delay is because, knowing they were going to lose Thursday morning, the conservative orchestrators of the filibuster served notice they would insist on their right to delay the debate another 30 hours before any consideration of amendments could begin.

The outcome of the background check vote is still too far in the future to predict, and a huge wave of lobbying on both sides is sure to wash over middle-of-the road senators when they’re back in their home states this weekend. But the momentum seems to be with the authors of the compromise — Toomey and Democratic Sen. Joe Manchin III — a sense undoubtedly reinforced by the solid bloc of GOP support for taking up the bill in the first place.

Watching the odious Sen. Harry Reid (D-NV) on C-Span a little earlie, he said that they would be taking amendments in this probable order:  Manchin-Toomey, AWB, magazine bans, and then it woud be open to other amendments. He also pled with opponents to not fillibuster each and every amendment.

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Open Letter From The NRA-ILA To The US Senate

April 11, 2013 by 1 Comment

Chris Cox of the NRA’s Institute for Legislative Action released an open letter to the Senate. In it he states that the NRA is “unequivocally opposed” to S. 649. He states that the NRA will oppose any and all attempts to extend background checks, to limit firearms and magazines, or to criminalize private transfers and/or sales. He specifically includes the proposals from Joe Manchin and Pat Toomey issued today.

Dear Senator,

I am writing regarding the National Rifle Association’s position on several firearms-related proposals under consideration in the Senate.

S. 649, the “Safe Communities, Safe Schools Act of 2013”, introduced on March 21, contains a number of provisions that would unfairly infringe upon the Second Amendment rights of law-abiding gun owners. This legislation would criminalize the private transfer of firearms by honest citizens, requiring friends, neighbors and many family members to get government permission to exercise a fundamental right or face prosecution. The NRA is unequivocally opposed to S. 649.

In addition, the NRA will oppose any amendments offered to S. 649 that restrict fundamental Second Amendment freedoms; including, but not limited to, proposals that would ban commonly and lawfully owned firearms and magazines or criminalize the private transfer of firearms through an expansion of background checks. This includes the misguided “compromise” proposal drafted by Senators Joe Manchin, Pat Toomey and Chuck Schumer. As we have noted previously, expanding background checks, at gun shows or elsewhere, will not reduce violent crime or keep our kids safe in their schools. Given the importance of these issues, votes on all anti-gun amendments or proposals will be considered in NRA’s future candidate evaluations.

Rather than focus its efforts on restricting the rights of America’s 100 million law-abiding gun owners, there are things Congress can do to fix our broken mental health system; increase prosecutions of violent criminals; and make our schools safer. During consideration of S. 649, should one or more amendments be offered that adequately address these important issues while protecting the fundamental rights of law-abiding gun owners, the NRA will offer our enthusiastic support and consider those votes in our future candidate evaluations as well.

We hope the Senate will replace the current provisions of S. 649 with language that is properly focused on addressing mental health inadequacies; prosecuting violent criminals; and keeping our kids safe in their schools. Should it fail to do so, the NRA will make an exception to our standard policy of not “scoring” procedural votes and strongly oppose a cloture motion to move to final passage of S. 649.

Should you have any questions on these issues, please do not hesitate to contact me at (202) 651-2560.

Sincerely,

Chris W. Cox

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NRA To Toomey And Manchin – Nope!

April 10, 2013 by

If Senators Toomey and Manchin thought their little attempt at bi-partisan gun control would fly with the NRA, they were mistaken. The NRA-ILA released the statement below regarding the Manchin-Toomey proposed bill.

Fairfax, Va. – Expanding background checks at gun shows will not
prevent the next shooting, will not solve violent crime and will not
keep our kids safe in schools. While the overwhelming rejection of
President Obama and Mayor Bloomberg’s “universal” background check
agenda is a positive development, we have a broken mental health system
that is not going to be fixed with more background checks at gun shows.
The sad truth is that no background check would have prevented the
tragedies in Newtown, Aurora or Tucson. We need a serious and meaningful
solution that addresses crime in cities like Chicago, addresses mental
health deficiencies, while at the same time protecting the rights of
those of us who are not a danger to anyone. President Obama should be as
committed to dealing with the gang problem that is tormenting honest
people in his hometown as he is to blaming law-abiding gun owners for
the acts of psychopathic murderers.

 TheHill has a little more on this here.