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HR 822 Passes The House 272 to 154

November 16, 2011 by 13 Comments

This afternoon at approximately 5:50pm, the House of Representatives passed HR 822 – the National Right-to-Carry Reciprocity Act of 2011 – on a vote of 272 aye, 154 nay, and 7 not voting.

The ayes were comprised of 229 Republicans and 43 Democrats. Meanwhile the noes were comprised of 147 Democrats and 7 Republicans.

There was only one amendment adopted prior to passage and it was Amendment No. 10 proposed by Rep. Dave Reichert (R-WA). This amendment would order the General Accounting Office to study “the ability of state and local law enforcement authorities to verify the validity of out-of-state concealed firearms permits.” It was adopted on a voice vote. All the other amendments were either withdrawn or failed.

The Republicans who voted no were Rep. Justin Amash (R-MI), Rep. Robert Dold (R-IL), Rep. Michael Grimm (R-NY), Rep. Peter King (R-NY), Rep. Dan Lungren (R-CA), Rep. Robert Turner (R-NY), and Rep. Robert Woodall (R-GA). Of these Republicans, Dold holds the suburban Chicago seat formerly held by anti-gunners Rahm Emanuel and Mark Kirk. Grimm, King, and Turner all represent districts either in or adjoining New York City so I think you can see the fine hand of Mayor Bloomberg at work there. Finally, I can’t explain Woodall’s vote other than a fit of pique at having his amendment defeated and I have no clue about Amash or Lungren.

The full list of the Ayes and Noes can be found here. If your Representative voted Aye, send them a note thanking them. If not, ask them why the heck not!

Now it is on to the Senate where it may or may not pass.

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Rep. Renee Ellmers Speaking In Favor Of HR 822

November 16, 2011 by

Rep. Renee Ellmers (R-NC-2) spoke on the House of Representatives floor this afternoon in support of HR 822. She is both a co-sponsor of the bill and a North Carolina Concealed Handgun Permit holder. In her speech, she held up her CHP while saying she and the thousands of other North Carolinians who hold a CHP are honest, law-abiding individuals seeking to protect themselves and their families.

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Unintended Irony

November 16, 2011 by 1 Comment

Yesterday, the Senate Judiciary Committee’s Subcommittee on Crime and Terrorism held a hearing on Sen. Chuck Schumer’s bill, S. 436 – Fix Gun Checks Act of 2011. One of the witnesses was Heather Anderson of the Washington State Patrol. Her written testimony spoke to Washington State’s submissions for inclusion in the National Instant Criminal Background Check System (NICS).

In what can only be called an unintended ironic statement she said,

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has determined that Washington State does not meet the requirements of the NIAA for firearm restoration of rights and a relief program. ATF considers Washington’s relief law too permissive in some areas and too restrictive in others. This does not allow Washington to participate in NIAA requests for grant funding. The legislature has not updated state law to match federal requirements. There is continued effort by multiple agencies to accomplish this in the future.

What makes this so ironic is that ATF has not processed ANY request for restoration of firearms rights since October 1992. And the reason that they haven’t is because Sen. Chuck Schumer always inserts a clause in the appropriations language to deny them the funds to process these applications for the restoration of firearms rights.

While 18 USC 925(c) does provide for judicial review of applications for the restoration of firearms rights, the Supreme Court ruled in U.S. v. Bean that the courts cannot perform judicial review until such time as an application is rejected by ATF. If ATF is denied the money to process these applications, there can be no denial. In other words, the consummate Catch-22 situation.

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Quote Of The Day

November 16, 2011 by

The Senate Judiciary Committee’s Subcommittee on Crime and Terrorism held a hearing yesterday on one of Mayor Bloomberg’s pet projects. The bill, S. 436, the Fix Gun Checks Act of 2011, was introduced in the Senate by Sen. Chuck Schumer (D-NY). The witnesses were what might be expected from in the Democrat controlled Senate with one exception.

Attorney David Kopel appeared to testify before the subcommittee in opposition to the bill. He correctly tore the bill to pieces. His conclusion is the quote of the day.

S. 436 violates the Second Amendment right to keep and bear arms, the Fifth Amendment guarantee of due of law, the Fifth Amendment guarantee of equal protection of the law, and the Tenth Amendment’s reservation of state authority over purely intrastate activities. S. 436 further violates the Tenth Amendment by imposing on the vast majority of states an extremely repressive system of restrictions on law-abiding gun owners which those states have already rejected.

Ever since 1776, Congress has recognized that a national gun registry would be a dangerous violation of the right to keep and bear arms. S. 436 creates such a registry.

S. 436 has no legitimate constitutional basis of authority, because S. 436 attempts to twists Congress’s real power to regulate interstate commerce into the power to regulate what is not interstate and not commercial.

S. 436 treats arrests as if they were convictions.

S. 436 takes the current gun ban for the criminally insane and applies it to non-dangerous people who have been ordered to get counseling for mental problems that have absolutely nothing to do with dangerousness—including stuttering, lack of sexual desire, and nicotine dependence.

Whatever good intentions might lie behind S. 436, the actual bill as drafted is grotesquely overbroad, and a Pandora’s Box of the dangerous consequences that are the inevitable result of making it a felony for law-abiding Americans to possess and use firearms.

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Good Kids Doing Good In Currituck County

November 16, 2011 by 3 Comments

Currituck County, North Carolina is about as far away from me as you can get and still be in North Carolina. It is in the extreme northeastern corner of the state. It is also home to the U.S. Training Center – formerly Blackwater – in Moyock. Currituck County has a waterfowling tradition that dates back to 1800s when wealthy Northerners established hunt clubs there. And when market hunting was still legal, it was home to a number of market hunters who shipped ducks and geese to cities like Washington and New York

Given the long waterfowling tradition of Currituck County, it comes as no surprise that a carpentry class at Currituck High School was called upon to help rebuild duck blinds destroyed by Hurricane Irene.

CURRITUCK, N.C. (November 15, 2011) – When Hurricane Irene took down two of the four waterfowl blinds in Currituck Sound on a N.C. Wildlife Resources Commission game land, the biologists and technicians knew exactly who to call.

And it wasn’t seasoned carpenters or longtime experts.

They called Jeff Rhodes, and his woodshop students at Currituck High School. The decision to call Rhodes was natural – his students had made several blinds for the Wildlife Commission in the late 1990s. The students also have built blinds for the U.S. Fish and Wildlife Service. The well-made, high-quality blinds had withstood hurricanes and tropical storms for more than a decade when two blinds fell before Hurricane Irene’s fury in August.

So the Wildlife Commission asked Rhodes if his students could quickly build a couple of replacement blinds – in time for the hunters who would soon flock to the Currituck Banks Game Land for waterfowl season. Rhodes easily said yes.

“A lot of my students are hunters or outdoorsmen,” said Rhodes, who is in his 16th year of teaching at Currituck High School. “I like to get them involved in a project that not only helps the community, but also piques their interest. It’s easier to get them excited that way.”

Rhodes said many of the students had helped to build waterfowl blinds for their families. And for students needing to develop carpentry skills, building the blind will prepare them for their more advanced project – constructing a three-bedroom house.

However, the N.C. Wildlife Resources Commission, and the waterfowl hunters who use the blinds in the Currituck Sound, may benefit the most. With short notice, the students have provided two blinds to replace the ones the hurricane destroyed.

“They have provided a real service to all of our constituents,” said Dale Davis, a biologist with the Commission. “They have a local connection to the Currituck Sound, and hunt on the sound and have contributed to the continued use of the Wildlife Commission blinds by all sportsmen.”

Use of the blinds in the Currituck Sound adjacent to the Currituck Banks Game Land is by permit only. For more information, see Permit Hunting Opportunities.

The picture below is of one of the blinds built by the students. It looks like they did a great job in a very harsh building environment.

 
Photo courtesy of NC Wildlife Resources Commission

The group of kids who built this blind and their teacher Jeff Rhodes are shown below. I’m glad to see that they are getting the recognition they deserve for doing good works and doing it well. It is a shame that students like this don’t get more attention.

Photo courtesy of the North Carolina Wildlife Resource Commission

H/T Outdoor Wire

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HR 822 Passes First Hurdle

November 16, 2011 by

HR 822, the National Right-To-Carry Reciprocity Act of 2011, passed a hurdle today when the House approved H. Res. 463 by a vote of 271 to 153. House Resolution 463 provides the rule under which the debate will be conducted, any amendments that can be considered, and other procedural issues. All bills have a rule before they are considered for final passage.

Rule provides for consideration of H.R. 822 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order. The resolution waives all points of order against the committee amendment in the nature of a substitute, now printed in the bill. The resolution waives all points of order against the amendments printed in the report.

There were a number of Democrats who voted for H.Res. 463 along with all the Republicans that were present. There were no Republicans who opposed this resolution.

In the Rules Committee, they voted 8-3 along party lines not to allow an “open rule” for HR 822. An open rule would have allowed amendments to be offered from the floor of the House. By not approving an open rule, the Rules Committee made sure that opponents could not keep proposing an endless number of amendments in order to delay the bill. Moreover, it also means that the bill will be clean without the proposed amendment from some Illinois reps which would have allowed concealed carry in both D.C. and Illinois which do not currently have concealed carry.

The 10 amendments that will be considered during debate on HR 822 all come from those opposed to it. Given the number of Representatives who voted for H.Res. 463 and who co-sponsored the bill, they have virtually no chance of passing. A summary is below.

SUMMARY OF AMENDMENTS MADE IN ORDER

1. Woodall (GA): Would protect the rights of states that already have reciprocal agreements in place for the concealed carry of firearms to continue enforcing those preexisting agreements. (10 minutes)

2. McCarthy, Carolyn (NY): Would specify that the legislation can only go into effect in states that have passed legislation enacting the bill. (10 minutes)

3. Hastings, Alcee (FL): Would exempt states from issuing a carry permit on the basis of state reciprocity which do not require individuals to apply for and complete a carry permit application at their local law enforcement station. (10 minutes)

4. Jackson Lee (TX): Would require a state to create a comprehensive database that would contain all permits and licenses issued by the State for carrying a concealed weapon and would make this comprehensive database available to law enforcement officers from all states 24 hours a day. (10 minutes)

5. Conyers (MI): Would preserve state laws with respect to eligibility for concealed-carry. (10 minutes)

6. Johnson, Hank (GA): Would require the possession or carrying of a concealed handgun in a state to be subject to that state’s law regarding concealed carry in regards to firearm safety training that includes live-fire exercise. (10 minutes)

7. Cohen (TN): Would exempt from the bill any State law requiring a person to be at least 21 years of age to possess or carry a concealed handgun. (10 minutes)

8. Jackson Lee (TX): Would require a person provide at least 24 hours notice to a law enforcement officer of the State of the intention to possess or carry a concealed handgun in the State (10 minutes)

9. Cicilline (RI): Would limit the bill from taking effect in a state until the State Attorney General, head of the State police, and the Secretary of State have jointly certified that the other state’s carry laws are substantially similar to its own licensing or permitting requirements. (10 minutes)

10. Reichert (WA): Would require a GAO study on the ability of state and local law enforcement authorities to verify the validity of out-of-state concealed firearms permits. (10 minutes)

The House reconvenes tomorrow at 10am. However, the schedule for floor votes is not yet posted on the House’s website. Sebastian does report it should be voted on tomorrow.

Correction: As Sebastian points out, Rob Woodall (R-GA) is not anti-gun. Moreover, Dave Reichert (R-WA) is not either. I think his concerns about the bill stem from his service in law enforcement. He was the Sheriff of King County before going to Congress. Both Woodall and Reichert voted for H.Res. 463 which is considered a vote in favor of the eventual passage of HR 822.

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Quote Of The Day

November 15, 2011 by

The Daily Caller reports today that Attorney General Eric Holder and the Justice Department tried to manipulate the press coverage of Operation Fast and Furious prior to a Senate Judiciary Committee hearing on November 1st.

The Justice Department selectively leaked documents about earlier gunwalking that were delivered to the Senate Judiciary Committee on October 31st. The goal was to make Sen. Chuck Grassley’s questions appear partisan when he asked about Operation Fast and Furious.

Ed Morrissey writing in HotAir.com has this to say about the attempt at manipulating the press:

Well, it’s no big deal, right? It’s not as if this is a life-and-death issue. Oh, wait …

Scandal-free, my foot. If this administration had nothing to hide, it wouldn’t be so desperate to manipulate the media and dodge Congressional oversight. It’s long past time for Eric Holder to resign. It might be time for the Senate to block all Obama nominees until he fires Holder.

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What Is It With European Countries And Air Guns?

November 14, 2011 by 4 Comments

Last Monday I reported on an Englishman who received a two year prison sentence for possession of an air rifle without the proper licenses. Mind you, these are the same air rifles that you or I could buy at Walmart or through the mail or internet. The only requirement might be proof of age in some jurisdictions.

Now comes a story from the Moscow Times about how air gun pellets have virtually vanished from the shelves of stores in Moscow. This was in response to an “unofficial” request from the Interior Ministry to stop sales of air gun pellets until they can finish registering owners.

Customers in a Moscow gun shop examining air pistols

The Russian Duma at the request of the Interior Ministry passed laws regarding air guns this past summer according to the Moscow Times.

Foreigners are barred from owning lethal weapons and air guns. But Russians who cannot own lethal weapons have been snapping up air guns in recent years.

The bill passed last summer tightens regulations in the field, obliging prospective buyers to undergo police-supervised training and purchase special boxes with locks to store the weapons. The law also places limits on the sale of air guns.

But the Interior Ministry has said it would push for a blanket ban on air guns, insisting that their non-lethality status encourages abuse that can actually result in deaths.

A spokesman for the Interior Ministry denies that there is an unofficial ban saying that those properly licensed to own air guns can obtain ammo in Moscow. Outside of Moscow, the Interior Ministry request is being ignored according to many sources.

There are Russian groups fighting back on this de facto ban.

But the current ban on ammunition represents an abuse of power by the Interior Ministry, said Sergei Zainullin, deputy head of the All-Russia Association of Civilian Weapons’ Owners.

“The right to bear arms is an unalienable one, just like property rights, and can only be limited through legislation, not emotions,” Zainullin said by telephone Sunday.

I’m glad to hear that there is organized opposition to this. However, I have to wonder how effective it can be in Putin’s Russia.

As an odd postscript to this story, the Moscow Times reports there was a bill introduced in the Duma by a group of legislators from the Kemerovo region that would issue air guns to ambulance workers for protection. It makes me think of the old saying about bringing a knife to a gun fight. Perhaps with all the millions of Makarovs sitting in military warehouses in Russia, they could be issued something a bit more effective than a pellet gun in order to protect themselves.

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Quote Of The Day No. 2

November 11, 2011 by 1 Comment

Reporter Katie Pavlich of Townhall.com has been covering Project Gunwalker and Operation Fast and Furious for quite a while now. If you follow her on Twitter, you know she has continually objected to any characterization of this operation as “botched”, “failed”, etc. Yesterday, in a column for Townhall.com, she laid out why it is wrong to view Operation Fast and Furious as “botched”. She says:

The only thing botched about Operation Fast and Furious is that the American public found out about it. Fast and Furious was carried out exactly as planned: allow straw purchasers to transfer guns to cartels, let those guns get trafficked back to Mexico and see where they end up. There was no plan to trace these guns and no plan to inform the Mexican Government of the operation, either.

And then after laying out the facts, she concludes:

The Obama Administration botched the cover-up of Fast and Furious. Lies perpetuated by the Holder Justice Department continue to be shredded by a handful of media outlets, Sen. Charles Grassley, Sen. John Cornyn, Rep. Darrell Issa and members of the House Oversight Committee, but in no way was allowing Mexican cartels to get their hands on high powered weapons a “mistake.”

H/T Sebastian

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Quote Of The Day

November 11, 2011 by

Attorney General Eric Holder is seemingly incapable of shame. He supposedly sent a letter of apology to the family of slain Border Patrol Agent Brian Terry on Wednesday. However, the only ones who have seen such a “private” letter are the reporters for the political website Politico.

Lana Domino is a friend of the Terry family and she says that no such letter has been received so far. She also noted that Holder never attended his memorial service but that President Obama had called the family and apologized.

I think Ms. Domino nails it on the head when she says,

“The only regret that Eric Holder has is that Brian Terry died and it opened everybody’s eyes to Operation Fast and Furious and it put it to a halt,” Domino noted.

UPDATE: I still agree with the sentiments espoused by Ms. Domino. However, it is now being reported that at least one member of the Terry family did receive Holder’s apology letter before the Politico story.