The NRA, Gun Manufacturers, and GCA ’68

I was alive when the Gun Control Act of 1968 was enacted. However, given I was an 11-year old, I don’t have any memories of its enactment and the debate around it. I do remember Bobby Kennedy and Martin Luther King being assassinated and the riots after Dr. King’s death. I do remember the war in South Vietnam because my Dad was “in country” at the time. However, policy debates on firearms just were not on my radar at the time.

Fortunately, Sebastian at Snowflakes In Hell has done an excellent job of examining some of the myths around the passage including those that the NRA and major gun manufacturers were complicit in its passage. He also looks at some of the other myths regarding the enactment of  the National Firearms Act of 1934.

Sebastian is correct that much more research using original documents is needed to get a better handle on all the issues surrounding the passage of this legislation. Rather than relying on undersourced modern accounts of the bill’s passage, using the original documents will give a clearer picture of the forces involved in the bill’s passage as well as the forces that opposed it.

Lawsuit Filed Challenging Multi-Rifle Reporting Requirement

J&G Sales of Prescott, AZ has joined the NRA in filing suit against the illegal requirement that FFL’s in the Southwest border states must report multiple sales of certain semi-automatic rifles to the ATF. J&G is also one of the gun dealers that was told during Operation Fast and Furious to allow sales to go through to obvious straw purchasers.

Here is their statement on the lawsuit.

BATFE lawsuit info – Monday August 01, 2011
As many of you may have heard, the BATFE has sent a demand letter to all the licensed firearms dealers in the four border states of Arizona, New Mexico, California, and Texas. This letter requires these dealers to report to the BATFE the names and addresses and serial numbers of all purchases of more than one semi-automatic rifle, with a detachable magazine, over 22 caliber, within a 5 business day period.

The BATF and Department of Justice has made this demand with no Congressional authorization and therefore, J and G Sales has filed suit in the Washington DC federal court challenging the legitimacy of this new regulation. We are being assisted in this law suit by the NRA as well. We hope the outcome of our challenge will be a reversal of this unconstitutional regulation for all border state FFL dealers. We appreciate our customers and your support of the 2nd amendment and will keep you all updated as this case progresses.

This new regulation goes into effect for all purchases that occur on or after August 14th, 2011. The BATFE has issued a new form 3310.12 that FFL dealers have to fill out and return to the BATFE starting on this date and going forward until this is hopefully reversed.

I’ll update this as soon as I get and read a copy of the suit.

NRA Head Addresses UN Conference

Wayne LaPierre, Executive VP and CEO, of the NRA addressed the UN’s Preparatory Committee on the Arms Trade Treaty today. His remarks to this group are below. The gist of his remarks were that the NRA will fight tooth and nail any effort to regulate U.S. civilian firearms ownership by the UN. Moreover, he reminded them that treaties must be approved by a two-thirds vote of the Senate and they isn’t going to happen if he can help it.

I’m sure his remarks were received politely but wouldn’t be that popular with the prohibitionist agenda prevalent amongst the less than democratic countries which comprise the majority of the UN’s membership.

United Nations Arms Trade Treaty
Preparatory Committee – 3d Session
New York, July 11-15, 2011
Statement of the National Rifle Association of America

Mr. Chairman, thank you for this brief opportunity to address the committee. I am Wayne LaPierre and for 20 years now, I have served as Executive Vice President of the National Rifle Association of America.

The NRA was founded in 1871, and ever since has staunchly defended the rights of its 4 million members, America’s 80 million law-abiding gun owners, and freedom-loving Americans throughout our country. In 1996, the NRA was recognized as an NGO of the United Nations and, ever since then, has defended the constitutional freedom of Americans in this arena. The
NRA is the largest and most active firearms rights organization in the world and, although some members of this committee may not like what I have to say, I am proud to defend the tens of millions of lawful people NRA represents.

This present effort for an Arms Trade Treaty, or ATT, is now in its fifth year. We have closely monitored this process with increasing concern. We’ve reviewed the statements of the countries participating in these meetings. We’ve listened to other NGOs and read their numerous proposals and reports, as well as carefully examined the papers you have produced.

We’ve watched, and read … listened and monitored. Now, we must speak out.

The Right to Keep and Bear Arms in defense of self, family and country is ultimately selfevident and is part of the Bill of Rights to the United States Constitution. Reduced to its core, it is about fundamental individual freedom, human worth, and self-destiny.

We reject the notion that American gun owners must accept any lesser amount of freedom in order to be accepted among the international community. Our Founding Fathers long ago rejected that notion and forged our great nation on the principle of freedom for the individual citizen – not for the government.

Mr. Chairman, those working on this treaty have asked us to trust them … but they’ve proven to be unworthy of that trust.

We are told “Trust us; an ATT will not ban possession of any civilian firearms.” Yet, the proposals and statements presented to date have argued exactly the opposite, and – perhaps most importantly – proposals to ban civilian firearms ownership have not been rejected.

We are told “Trust us; an ATT will not interfere with state domestic regulation of firearms.” Yet, there are constant calls for exactly such measures.

We are told “Trust us; an ATT will only affect the illegal trade in firearms.” But then we’re told that in order to control the illegal trade, all states must control the legal firearms trade.

We are told, “Trust us; an ATT will not require registration of civilian firearms.” Yet, there are numerous calls for record-keeping, and firearms tracking from production to eventual destruction. That’s nothing more than gun registration by a different name.

We are told, “Trust us; an ATT will not create a new international bureaucracy.” Well, that’s exactly what is now being proposed – with a tongue-in-cheek assurance that it will just be a SMALL bureaucracy.

We are told, “Trust us; an ATT will not interfere with the lawful international commerce in civilian firearms.” But a manufacturer of civilian shotguns would have to comply with the same regulatory process as a manufacturer of military attack helicopters.

We are told, “Trust us; an ATT will not interfere with a hunter or sport shooter travelling internationally with firearms.” However, he would have to get a so-called “transit permit” merely to change airports for a connecting flight.

Mr. Chairman, our list of objections extends far beyond the proposals I just mentioned. Unfortunately, my limited time today prevents me from providing greater detail on each of our objections. I can assure you, however, that each is based on American law, as well as the fundamental rights guaranteed by the United States Constitution.

It is regrettable that proposals affecting civilian firearms ownership are woven throughout the proposed ATT. That being the case, however, there is only one solution to this problem: the complete removal of civilian firearms from the scope of any ATT. I will repeat that point as it is
critical and not subject to negotiation – civilian firearms must not be part of any ATT. On this there can be no compromise, as American gun owners will never surrender their Second Amendment freedom.

It is also regrettable to find such intense focus on record-keeping, oversight, inspections, supervision, tracking, tracing, surveillance, marking, documentation, verification, paper trails and data banks, new global agencies and data centers. Nowhere do we find a thought about respecting anyone’s right of self-defense, privacy, property, due process, or observing personal freedoms of any kind.

Mr. Chairman, I ‘d be remiss if I didn’t also discuss the politics of an ATT. For the United States to be a party to an ATT, it must be ratified by a two-thirds vote of the U.S. Senate. Some do not realize that under the U.S. Constitution, the ultimate treaty power is not the President’s power to negotiate and sign treaties; it is the Senate’s power to approve them.

To that end, it’s important for the Preparatory Committee to understand that the proposed ATT is already strongly opposed in the Senate – the very body that must approve it by a two-thirds majority. There is a letter addressed to President Obama and Secretary of State Clinton that is
currently being circulated for the signatures of Senators who oppose the ATT. Once complete, this letter will demonstrate that the proposed ATT will not pass the U.S. Senate.

So there is extremely strong resistance to the ATT in the United States, even before the treaty is tabled. We are not aware of any precedent for this – rejecting a proposed treaty before it’s even submitted for consideration – but it speaks to the level of opposition. The proposed ATT has become more than just controversial, as the Internet is awash with articles and messages calling for its rejection. And those messages are all based on the same objection – infringement on the constitutional freedom of American gun owners.

The cornerstone of our freedom is the Second Amendment. Neither the United Nations, nor any other foreign influence, has the authority to meddle with the freedoms guaranteed by our Bill of Rights, endowed by our Creator, and due to all humankind.

Therefore, the NRA will fight with all of its strength to oppose any ATT that includes civilian firearms within its scope.

Thank you.

And Then There Was Only One

Illinois is now the only state left that does not have some form of concealed carry or any carry for that matter.

Gov. Scott Walker (R-WI) signed SB 93 today in Wausau, Wisconsin which approved concealed carry for those in the Badger State. From the NRA-ILA who was there along with NRA Exec. VP Wayne LaPierre:

Fairfax, VA. – Today, National Rifle Association (NRA) Executive Vice President Wayne LaPierre and the NRA’s Institute for Legislative Action Executive Director Chris W. Cox joined Governor Scott Walker as he signed the Wisconsin Personal Protection Act into law. This makes Wisconsin the 49th state to give law-abiding citizens an option to carry a concealed firearm for personal protection.

“For everyday crime victims, Right-to-Carry is the difference between no chance and a fighting chance. That is why the NRA’s commitment to freedom, the Second Amendment and the self-defense rights of good people everywhere never wavers,” said LaPierre. “Today’s signing ceremony is proof of the value of the hard work, dedication and perseverance of NRA members in Wisconsin.”

“This is an historic day for the Right-to-Carry effort not only in Wisconsin, but across the country,” said Cox. “The fundamental, individual, God-given right to self-defense must be respected. I’d like to thank Senators Galloway and Zipperer, Reps. Mursau and Suder and Gov. Walker for their dedication to freedom.”
“By signing concealed carry into law today, we are making Wisconsin safer for all responsible, law abiding citizens,” said Gov. Walker.

“I would like to thank the NRA for all their hard work over the past 10 years—they never gave up the fight for Wisconsinites to defend themselves,” said Sen. Pam Galloway. “While we were both disappointed that Constitutional Carry did not have the necessary support in the legislature to pass this year, we know that SB 93 represents one of the most freedom-oriented licensing laws in the entire country and it’s a tremendous first step toward our ultimate goal of adopting Constitutional Carry in the Badger State. I look forward to continuing this battle alongside the proud members of NRA.”

Both chambers of the Wisconsin legislature voted to approve one of the nation’s strongest Right-to-Carry bills by solid bipartisan margins. Today’s signing of the Wisconsin Personal Protection Act into law leaves Illinois as the only state that provides no way for its citizens to carry firearms for self-protection outside their homes or places of business.

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Irony

Assistant Attorney General Ronald Weich, in his written testimony submitted for the hearings into Operation Fast and Furious, relies upon a position taken by the head of the Department of Justice’s Office of Legal Counsel during the Reagan years for refusing to provide all the documents requested by the House Oversight and Government Reform Committee.

The most basic justification for the policy follows from the Constitution’s careful separation of legislative and executive powers, the purpose of which is to protect individual liberty. As Charles J. Cooper, the Assistant Attorney General heading the Department’s Office of Legal Counsel during the Reagan Administration, explained in 1986, providing a congressional committee with sensitive, Executive Branch information about an ongoing law enforcement investigation would put Congress in an inappropriate position of exercising influence over or pressure on the investigation or possible prosecution. See Congressional Requests, 10 Op. O.L.C. at 76.

In what can only be called a delicious irony, the most anti-gun administration in recent memory has had to rely upon the writings of pro-gun attorney Charles J. Cooper to defend their position. Cooper and his law firm Cooper and Kirk serve as the attorneys for a number of the Second Amendment lawsuits brought by the National Rifle Association. Among the more notable include Benson v. Chicago which challenges the New Chicago Gun Law and both of the D’Cruz cases in Texas.

(edited)

An Open Letter From Paul Valone, President Of Grass Roots North Carolina

F. Paul Valone, President of Grass Roots North Carolina, just sent out this open letter regarding SB 594, HB 650, amendments, and the emergency powers gun ban. It shouldn’t come as surprise that I agree 100% with Paul on this if you have read this blog for more than a week.

I am a Life Member of both the National Rifle Association and of the Second Amendment Foundation. I also belong to Grass Roots North Carolina. As Paul says, this isn’t about the NRA or GRNC. I’d also add in the Second Amendment Foundation. It is about being smart and not-short sighted. We are in a Long War to regain our freedom and our God-given rights to protect ourselves and our families. We lost these rights bit by bit and now must win them back bit by bit. Among the tools we need to win are legal precedents. A case that gets mooted never becomes a precedent.

OPEN LETTER FROM PAUL VALONE:

IS SB 594 THE RIGHT BILL?

To: North Carolina Gun Rights Supporters

From: GRNC President F. Paul Valone

Members of the NRA recently received postcards urging them to call NC Senate leadership in support of Senate Bill 594, described in the postcard as “an emergency powers bill [to] ensure that our Right to Keep and Bear Arms cannot be suspended” during declared states of emergency.

But while North Carolina’s state of emergency law is indeed a problem, SB 594 is the wrong solution. Worse, it seems to be a short-sighted effort by the NRA to grab credit for what some would have you believe to be a victory.

Why? Because it would render moot – and cause the dismissal – of crucial litigation to expand recognition of the Second Amendment in the U.S. Supreme Court. The case is Bateman v. Perdue. Together with the Michael Bateman, Virgil Green, Forrest Minges, and the Second Amendment Foundation, GRNC is working with Alan Gura – the winner of DC v. Heller and McDonald v. Chicago – the cases which led the Supreme Court to affirm the individual right to keep and bear arms.

Although GRNC has made numerous entreaties to NRA representatives to back the Bateman case, they have apparently fallen on deaf ears. Just as the NRA tried to derail the DC v. Heller decision in its early stages through its attempts to repeal the DC gun ban, now it apparently wants gun owners to regard GRNC – the state’s most vocal and effective gun rights organization – as somehow “anti-gun” for realizing that SB 594 is a short-sighted and misguided vehicle to advance gun rights.

Gun rights supporters have two choices:

* Help the NRA achieve a narrow, short-sighted win by amending HB 650 or other gun bills to include language from SB 594, the now-dead “state of emergency” bill; or

* Help Gura, SAF and GRNC expand the interpretation of the Second Amendment, which will not only render North Carolina’s state of emergency law unconstitutional, but will advance gun rights for everyone, everywhere.

Don’t support GRNC. Don’t support the NRA: SUPPORT THE SECOND AMENDMENT! And do so by helping Bateman v. Perdue expand your right to keep and bear arms.

Armatissimi e liberissimi,

F. Paul Valone
President, Grass Roots North Carolina

I would also urge you to read Sean Sorrentino’s post that went up this afternoon entitled More Respectful Disagreement. It is an excellent post and I think his ideas are on the mark.

An Area In Which The NRA Excels

The legislative arena along with the concomitant lobbying is one of the areas in which the National Rifle Association really excels. The embedded letter below is evidence of their success.

The letter to President Barack Obama urges him to stop the stonewalling over Project Gunrunner and Operation Fast and Furious (aka Project Gunwalker). It was spearheaded by Rep. Jason Altmire (D-PA) who was one of the keynote speakers at the recent NRA Annual Meeting in Pittsburgh. The letter is signed by 31Congressional Democrats.

In an ideal world, the NRA would concentrate on training, the legislative arena, and other areas in which being a mass organization really helps and leave the court challenges to the Second Amendment Foundation. While the NRA does have good lawyers, it is the Second Amendment Foundation that has the agility, smarts, and legal expertise in Alan Gura to bring the strategic Second Amendment cases which will get the appellate wins.

Unfortunately, we don’t live in an ideal world. There are some in the NRA’s hierarchy who believe the NRA has to be the be-all and end-all of all things Second Amendment. The result so far has been a number of “me, too” cases, overly broad complaints, and poorly vetted plaintiffs as well as interference in the strategic civil rights litigation of the Second Amendment Foundation. It is time for the adults in the NRA to rein in those who seek organizational glory at the expense of the Second Amendment.

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But What Will The Violence Policy Center Say?

Ruger is attempting to become the first firearms manufacturer to sell one million guns in one year. They issued the following release saying what happens if they meet their sales goal.


Sturm, Ruger & Company, Inc. (NYSE: RGR) is proud to announce the “Million Gun Challenge” to benefit the NRA. Ruger pledges to donate $1,000,000 to the NRA if one million new Ruger firearms are sold between the 2011 and 2012 NRA Shows.

“Our goal is to present the NRA with a check for one million dollars during the 141st NRA Annual Meeting in St. Louis next April,” said Ruger CEO Mike Fifer. “This substantial donation would reflect a record-breaking feat in the firearms industry, as we believe no company has every sold one million firearms in a 12-month period. With the help of our loyal customers, we hope to make history and to share that accomplishment with the NRA.”

I’m sure that Josh Sugarman and Kristen Rand at the Violence Policy Center are jumping up and down for joy thinking that they have just been vindicated. They have been saying that the NRA is just a tool for firearms manufacturers and that is why the MidwayUSA’s, the Rugers, the Glocks, etc. “subsidize” (i.e., donate money) to the NRA. I wonder what they will do once they realize that this means another million firearms in the hands of freedom-loving, Second Amendment backing Americans?

ISRA Says Anti-Gun Legislators Only Have Themselves To Blame For Lawsuits

The Illinois State Rifle Association release the following which notes that the failure to pass HB 148 robs the Illinois State Police of money needed to upgrade their background check system and is directly responsible for the lawsuits filed by the NRA, ISRA, and the Second Amendment Foundation.

SPRINGFIELD, Ill., May 15, 2011 /PRNewswire-USNewswire/ — The following was released today by the Illinois State Rifle Association (ISRA):

Illinois gun control advocates and their allies in the General Assembly delivered a “triple-whammy” against public safety recently when they sabotaged passage of HB148.

Under the provisions of HB148, well-trained, well-qualified Illinois citizens would be permitted to carry defensive firearms to protect themselves and their families from violent criminals. At the same time, HB148 would have provided upwards of $40 million in permit fees to the Illinois State Police to pay for upgrades to the state’s antiquated gun buyer background check system.

But, thanks to the short-sighted efforts of the gun control movement and its friends in the Illinois House, tens of thousands of law-abiding Illinois citizens will continue to suffer at the hands of murderers, robbers and rapists because they cannot lawfully defend themselves. Likewise, the gun control movement can take credit for saddling the state police with a background check system based on software developed in 1959.

Rounding out the triple whammy-against the citizens of Illinois is the fact that the actions of gun control advocates are to blame for a pair of lawsuits filed this week in federal court against the State of Illinois. Both lawsuits – one filed by the Second Amendment Foundation (SAF), the other filed by the National Rifle Association (NRA) and the ISRA – contend that the state is damaging law-abiding citizens by prohibiting the carrying of defensive firearms.

In a nut shell, the gun control movement’s efforts the kill HB148 have ensured that Illinois remains one of the most dangerous places to live in the United States. In addition to causing the loss of $40 million for better background checks, the gun control movement is now responsible for Illinois having to shell out millions in taxpayer dollars to pay legal bills related to the SAF and NRA/ISRA lawsuits. Once again, the extremist views of the gun control movement are costing the good people of Illinois dearly.

“The ISRA is very excited about being a plaintiff in the NRA/ISRA lawsuit,” commented ISRA Executive Director, Richard Pearson. “This lawsuit defines the cutting edge of one of the most important questions of the day. That is, does the state have the right to decide who is worth defending and who is not?”

“The fact that two lawsuits have been filed against the State of Illinois this week is proof-positive that this issue is not going to go away,” continued Pearson. “The behind the scenes political gamesmanship that resulted in the scuttling of HB148 has not diminished the resolve of the good people of Illinois. Whether it is in the courts, in the legislature, or at the ballot box, we will relentlessly push forward until the citizen’s right to self defense is restored in Illinois.”

The ISRA is the state’s leading advocate of safe, lawful and responsible firearms ownership. For more than a century, the ISRA has represented the interests of millions of law-abiding Illinois firearm owners.