NRA-ILA On Obama’s FY2013 Budget

When President Obama told Sarah Brady that he planned to fly under the radar on gun control, he wasn’t kidding. Having looked at the Federal Budget for Fiscal Year 2013 for the last couple of days, I can assure you that the average person would have a hard time finding what is buried in it.

However, the NRA-ILA has people on staff that have the expertise to muddle through the budget. Below is their response posted yesterday:

Barack Obama’s careful effort to hide his anti-Second Amendment agenda is starting to come undone. The latest evidence is found in the budget he sent to Congress this past week.

As we reported last fall, NRA was very successful in having a number of provisions included in the annual spending bills that are important protections for our rights. Obama grudgingly signed the Fiscal Year 2012 spending bills that contained those “riders,” although in his signing statement, he announced his intent to defy some. Now, in Obama’s FY 2013 budget, he proposes eliminating many of them outright.

One of the most egregious is the deletion of a provision first added for FY 2012 that prohibits any future “Fast & Furious” style operations. In an official summary, the administration says the restriction is “not necessary.”

“Not necessary”? Obama may trust Eric Holder and the senior officials at the Department of Justice, but Congress and the American people certainly should not. Holder’s refusal to fully cooperate with congressional investigations is proof enough that this sort of reckless operation should be specifically banned.

Two other provisions first passed for FY 2012 were also put on the chopping block. One prohibits a ban on the importation of shotguns deemed by the BATFE to be non-“sporting.” Congress passed this to block an Obama administration plan to expand the use of the “sporting purposes” test once again, this time to ban the importation of many popular defensive, target shooting and hunting shotguns. Removing this provision is clearly a first step toward implementing a new import ban.

The other new provision for 2012 was a ban on the use of tax dollars to lobby for new gun laws. Obama signaled that he would take this step when he announced at the bill signing for the 2012 legislation that he and his administration would not be bound by that provision. And in his budget, Obama would get rid of that restriction entirely.

Another provision deleted was a prohibition on the use of funds for anti-gun research at the National Institutes of Health and the Centers for Disease Control. These prohibitions have been passed by Congress to stop these groups from funding junk science “studies” in support of new restrictions on gun rights.

Obama also wants to get rid of the provision that stops the Department of Defense from destroying surplus M1 Garands and M1 carbines—a provision that has been in place for over 30 years. And he wants to drop a provision that stops the destruction of spent military brass. Without these protections, thousands of surplus rifles could be destroyed instead of being sold to law-abiding Americans through the Civilian Marksmanship Program, and millions of recyclable brass cases will be melted down as scrap rather than being made available to reloaders.

There is good news for gun owners, though. No one—not even Obama or his closest allies—believe this budget will be passed, and it may not even be brought up for a vote.

So why oppose these provisions now? Is it an election-year signal to his anti-gun base voters? Or is he finally showing his true beliefs and giving up his pretense of support for the Second Amendment? Whatever the answer may be, gun owners should expect nothing but more anti-gun action on the part of the Obama Administration.

Gun Control Activists Fire Squib Loads

I’m sure Joan Peterson will accuse the NRA-ILA of being big meanies for their take-down of the gun prohibitionists Josh Horwitz and Josh Sugarmann. And I’m equally sure that whomever wrote this for the ILA had a damn good time doing it!

The NRA-ILA took issue with CSGV’s Josh Horwitz and his contention that gun sales are not booming. They point out that reporters could do just exactly what the NRA and NSSF do: go to the ATF’s website for their reports.

They then look at  Josh Sugarmann of the Violence Policy Center and his work. Given his “scholarship”, they suggest he might be able to con the Joyce Foundation out of another $100 grand “for his tiny operation.”


Friday, January 13, 2012

On Monday, Josh Horwitz of the Coalition to Stop Gun Violence—previously known as the National Coalition to Ban Handguns— penned an item for the very left-leaning Huffington Post website, deriding media reporters for writing articles that say gun sales are booming.

According to Horwitz, the reporters are wrong because their claims are based upon the FBI’s monthly counts of National Instant Criminal Background Check System (NICS) checks. As Horwitz points out, not all firearm-related NICS checks are for firearm acquisitions, and the number of checks does not reflect the number of firearms acquired in conjunction with the checks. Among other things, he also points out that some NICS checks are for acquisitions of second-hand firearms.

Yet NICS checks, over 99 percent of which are related to firearm acquisitions or carry permits, have risen from 11 million in 2007, to nearly 13 million in 2008, to over 14 million in 2009 and 2010, and to 16.4 million in 2011, almost guaranteeing that sales of new firearms have been increasing during that time frame.

However, Horwitz is wrong to conclude that new gun sales have not been rising, merely because NICS check tallies do not specifically address the question of whether new gun sales are increasing and, if so, by how much.

There’s a much better indicator of new gun sales that Horwitz ignored: U.S. firearm manufacturers’ production data and firearm importation statistics, both reported by the BATFE. Horwitz accuses NRA and the National Shooting Sports Foundation of not providing reporters hard data, but reporters can get the BATFE’s data the same way the NRA and the NSSF do—by visiting the BATFE’s website.

The BATFE’s data show that the number of firearms made in the U.S.A. and not exported, plus the number of firearms imported, increased from 5.1 million in 2005, to 5.7 million in 2006, 6.5 million in 2007, 6.9 million in 2008, and almost 9 million in 2009. Figures for 2010 and 2011 have not been released, but based on the trend in NICS checks, it’s likely that they will follow a similar pattern.

Also this week, the Violence Policy Center’s Josh Sugarmann—a former employee of the NCBH himself—had an item on the Huffington Post website, claiming to have conducted a “study” of homicides in California. To be precise, the “study” consisted of cutting and pasting data available from the California Department of Justice. If that’s a “study,” then anyone with a computer and 15 or 20 minutes to spare can be a “scholar!”

In Sugarmann’s case, however, it may have been 15 or 20 minutes well spent. His “study” concludes that the California data surely warrant further study of “the identification of the make, model, and caliber of weapons most preferred by this age group as well as analyses identifying the sources of the weapons” and an “expansion of comprehensive violence intervention and prevention strategies that include a focus on the psychological well-being of witnesses and survivors of gun violence.” Those are just the sort of things Sugarmann might convince the Joyce Foundation to donate another $100,000 or so for his tiny operation to whip together, since the Congress recently banned the National Institutes of Health from using taxpayer dollars for such a frivolous and politically motivated end.

Meanwhile, Fox News ran an article concerning data that undercut the concerns of both anti-gun activists. Bearing in mind that the number of privately owned firearms in America is at an all-time high and apparently, increasing at a record pace, the article says that the Centers for Disease Control and Prevention have reported that “For the first time in 45 years, homicide has fallen off the list of the nation’s top 15 causes of death,” down to 16th place on the list. So much for their assumption that more guns bring more crime.

Only Caitlin Halligan Could Unite The NRA-ILA And The GOA In Opposition

Caitlin Halligan is Obama’s nominee for a seat on the Court of Appeals for the D.C. Circuit. She formerly served as Solicitor General for the State of New York from 2001 until 2007 under then-NY Attorney General Elliot Spitzer. Her nomination is being filibustered in the Senate due to her leftist views on abortion and gun rights. Tomorrow, Senate Majority Leader Harry Reid is calling for a cloture (end of debate) vote on Halligan’s confirmation.

Pravda on the Potomac aka the Washington Post has endorsed her. Meanwhile, the Joyce-funded Media Matters for America is trying to say that Halligan’s anti-gun rights actions were in the past and now she supports the Second Amendment. I seem to remember that the “Wise Latina” Justice Sonya Sotomayor made similar comments during her confirmation battle and then dissented on the McDonald case.

Accordingly, the NRA-ILA released this letter that was sent today to every senator.

December 5, 2011

Dear Senator:

I am writing to express the National Rifle Association’s opposition to the nomination of Caitlin Halligan to the United States Court of Appeals for the District of Columbia Circuit.

Our opposition is based on Ms. Halligan’s attacks on the Second Amendment rights of law-abiding Americans. Specifically, she worked to undermine the Protection of Lawful Commerce in Arms Act (PLCAA), enacted in 2005 with strong bipartisan support. This legislation was critically important in ending a wave of lawsuits sponsored by anti-gun organizations and governments, which sought to blame firearms manufacturers and dealers for the criminal misuse of their products by third parties. This bill was an essential protection both for the Second Amendment rights of honest Americans and for the continued existence of the domestic firearms industry as a supplier of arms for our nation’s defense.

Among the governments that sued the industry was the state of New York. This case was pending while Ms. Halligan was New York’s solicitor general, and she strongly supported the litigation both inside and outside the courtroom.

Ms. Halligan represented the state in its 2001 lawsuit against numerous gun manufacturers, in which the state argued that the legal sale of handguns created a “public nuisance” under state law. In a 2003 speech while that case was pending, Ms. Halligan claimed that the PLCAA “would likely cut off at the pass any attempt by States to find solutions—through the legal system or their own state legislatures—that might reduce gun crimes or promote greater responsibility among gun dealers.” That statement was simply wrong. The legislation then under debate—like the version that finally passed two years later—only prohibited lawsuits “resulting from the criminal or unlawful misuse” of firearms or ammunition by third parties. It exempted traditional tort actions against gun makers. The bill most certainly did not restrict the actions of state legislatures, as the introduction of numerous anti-gun bills in the New York legislature proves each year.

Ms. Halligan also claimed the PLCAA “would make the gun industry the only industry in the country to be so broadly shielded from lawsuits.” In fact, Congress had previously passed targeted liability protection for many industries and other enterprises, ranging from aircraft manufacturers to food banks to makers of medical implants.

After passage of the PLCAA, Ms. Halligan participated in the legal attack on the PLCAA. The state filed an amicus curiae brief in the U.S. Court of Appeals for the Second Circuit supporting New York City’s attack on the law’s constitutionality. The arguments in that brief were ultimately rejected by the Second Circuit, as they have been by every other appellate court (and every federal court at any level) that has considered the issue.

Given Ms. Halligan’s clear opposition to a major federal law that was essential to protecting law-abiding Americans’ right to keep and bear arms, as well as an important industry that equips our military and law enforcement personnel, we must respectfully oppose her confirmation, including the vote on cloture.

We greatly appreciate your attention to our concerns. If you have any questions, please contact NRA Federal Affairs at (202) 651-XXXX.

Sincerely,

Chris W. Cox
Executive Director
NRA Institute for Legislative Action

The Gun Owners of American is also standing strong against the confirmation of Halligan and has issued an alert to their members that says in part:

As New York’s solicitor general, Halligan was one of the chief lawyers responsible for New York’s baseless and politically motivated efforts to bankrupt gun manufacturers using frivolous litigation. In so doing, Halligan proved that she places liberal political activism above fealty to the law.

Halligan’s public hatred for firearms was only matched by her zealotry inside the courtroom. In a speech on May 5, 2003, Halligan called for “handgun manufacturers [to be held] liable for criminal acts committed with handguns.”

Certainly, no other manufacturer of another item — whether it be cars, baseball bats, or anything else — would be held liable for the criminal misuse of its product. And, as Halligan well knows, the application of that principle to firearms would surely eliminate the manufacture of firearms in America.

After attempts of legal extortion of the firearms industry were repudiated by a bipartisan vote in Congress, Halligan’s office did not let up on attacking gun rights, signing a brief calling for New York courts to declare the federal Gun Makers’ Protection Act unconstitutional.

Finally, Halligan, in written testimony submitted to the Senate in connection with her nomination, attempted to conceal the extent of her anti-gun animus.

Halligan’s failure to provide information that would clarify her statements, thus keeping her testimony from being misleading, constitutes “fraud” against the Senate. As such, the only role she should play in the D.C. Circuit Court of Appeals is the role of a defendant.

But, of course, none of this matter to Harry Reid. He already did his part getting two strident anti-gun Obama judges onto the Supreme Court, and now he’s doing what he can to pack the Appeals Courts with radical leftists as well.

We have to stop this Reid/Obama court-packing scheme. Please act now, as the vote is scheduled for this Tuesday.

To facilitate contacting your state’s senators, GOA has set up a CapWiz letter generator that will send either an email or printed letter to them. It can be found here and I would urge you to select “by email” as the vote is tomorrow.

In an interesting coincidence, Halligan graduated in the same law school class (Georgetown University Law Center, 1995) as Alan Gura. I would have to say that Gura was more successful in his advocacy for the Second Amendment than Halligan was in her attempt to sue the firearms industry out of business and we can all be thankful for that.

NRA-ILA On Passage Of HR 822 By The House

The NRA-ILA released this statement on the passage of HR 822 yesterday. As Chris Cox notes, this moves us one step closer to improving self-defense laws in the U.S.

The U.S. House of Representatives has passed an important self-defense measure that would enable millions of Right-to-Carry permit holders across the country to carry concealed firearms while traveling outside their home states. H.R. 822, the National Right-to-Carry Reciprocity Act, passed by a majority bipartisan vote of 272 to 154. All amendments aimed to weaken or damage the integrity of this bill were defeated.

“NRA has made the National Right-to-Carry Reciprocity Act a priority because it enhances the fundamental right to self-defense guaranteed to all law-abiding people,” said Chris W. Cox, executive director of NRA’s Institute for Legislative Action. “People are not immune from crime when they cross state lines. That is why it is vital for them to be able to defend themselves and their loved ones should the need arise.”

H.R. 822, introduced in the U.S. House by Representatives Cliff Stearns (R-Fla.) and Heath Shuler (D-N.C.), allows any person with a valid state-issued concealed firearm permit to carry a concealed firearm in any state that issues concealed firearm permits, or that does not prohibit the carrying of concealed firearms for lawful purposes.

This bill does not affect existing state laws. State laws governing where concealed firearms may be carried would apply within each state’s borders. H.R. 822 does not create a federal licensing system or impose federal standards on state permits; rather, it requires the states to recognize each others’ carry permits, just as they recognize drivers’ licenses and carry permits held by armored car guards.

As of today, 49 states have laws in place that permit their citizens to carry a concealed firearm in some form. Only Illinois and the District of Columbia deny its residents the right to carry concealed firearms outside their homes or businesses for self-defense.

“We are grateful for the support of Speaker Boehner, Majority Leader Cantor, Majority Whip McCarthy, Judiciary Chairman Smith and primary sponsors Congressmen Stearns and Shuler for their steadfast support of H.R. 822. Thanks to the persistence of millions of American gun owners and NRA members, Congress has moved one step closer to improving crucial self-defense laws in this country,” concluded Cox.

I might note here that Heath Schuler is my Congressman. I haven’t always agreed with him but he has always been very good on Second Amendment issues.

HR 822 – What It Does And Doesn’t Do

With HR 822 having passed out of the House Judiciary Committee on a 19-11 vote, it is important to understand what it does and doesn’t do. Mayor Bloomberg and his Illegal Mayors are leading the charge against it from the anti-gun side. Moreover, there are some pro-gun activists such as the National Association for Gun Rights that claim it is a stealth bill for more Federal control. Finally, there is the false accusation in some quarters that the NRA-ILA was coming down on bloggers about the bill.

The impact of HR 822 on North Carolina will be minimal as Sean Sorrentino has pointed out. Effective December 1st, we have universal reciprocity and will recognize the permits from any other state.

In the video below, Cam Edwards interviews John Frazier, Research Director for NRA-ILA, on what the bill does and doesn’t do.

House Committee Passes Amendment To Defund Multi-Rifle Reporting

The NRA-ILA sent this out this afternoon regarding an amendment to the FY2012 Commerce-Justice-Science Appropriations that was offered by Rep. Denny Rehrberg (R-MT). This amendment would prohibit the use of funds to the new ATF/DOJ multi-rifle sale reporting requirement.

House Committee Passes Amendment to Defund Illegal Obama Firearm Sales Reporting Requirement

Wednesday, July 13, 2011

Today, during consideration of the FY 2012 Commerce, Justice, Science Appropriations bill, pro-gun U.S. Rep. Denny Rehberg (R-Mont.) offered an amendment to prohibit the use of funds for a new and unauthorized multiple sales reporting plan proposed by the Bureau of Alcohol, Tobacco, Firearms and Explosives. The Amendment was passed by a vote of 25-16.

The Rehberg Amendment, which was strongly supported by NRA, will defund the Justice Department’s controversial and illegal move requiring federally licensed firearms retailers in states bordering Mexico to report multiple sales of semi-automatic rifles.

As we reported yesterday, this procedure was proposed last fall as an “emergency” measure by BATFE. Specifically, it calls for all of the firearm retailers in California, Arizona, New Mexico and Texas to report multiple sales, or other dispositions, of two or more .22 caliber or larger semi-automatic rifles capable of accepting a detachable magazine purchased by a single individual in a five consecutive business day period. It is important to note that under existing law, BATFE already has full access to every dealer’s firearm transaction records, either during a bona fide criminal investigation or simply to enforce compliance with record keeping requirements. This new reporting procedure would create a registry of owners of many of today’s most popular rifles–firearms owned by millions of Americans for self-defense, hunting and other lawful purposes. Most importantly, however, the BATFE has no legal authority to demand these reports.

In addition, the agency has recently come under intense scrutiny due to its ill-conceived “Fast and Furious” operation. “Fast and Furious” encouraged Arizona gun stores to sell thousands of guns to suspicious buyers, despite objections from dealers and even BATFE’s own field agents.

Earlier this year, the U.S. House of Representatives voted on and passed, by a vote of 277 to 149, an amendment to H.R. 1 (also offered by Rep. Rehberg, along with Rep. Dan Boren (D-Okla.)) that also would have prohibited the use of federal funds for this reporting requirement. Unfortunately, the amendment was not included in the final version of the bill as a result of Senate inaction.

In March, U.S. Sens. Jon Tester (D-Mont.) and Richard Burr (R-N.C.) introduced S. 570–“to prohibit the Department of Justice from tracking and cataloguing the purchases of multiple rifles and shotguns.” The bill would ensure that federal funds cannot be used for the multiple sales reporting procedure.

NRA will continue to work to make sure the Rehberg Amendment makes it through the appropriations process. The amendment is scheduled to be heard on the House floor in August.

While the Rehberg Amendment is a critically important first step, it is imperative that you contact your U.S. Senators and ask them to cosponsor and support S. 570. You can find contact information for your elected officials by using the “Write Your Representatives” tool at www.NRAILA.org, or you can call your U.S. senators at (202) 224-3121. S. 570 currently has 29 cosponsors. To see if your senators are cosponsors, please click here: http://thomas.loc.gov/cgi-bin/bdquery/z?d112:SN00570:@@@P

NRA Response To Multi-Rifle Reporting Requirement

The NRA-ILA issued this response to the DOJ’s new reporting requirement.

NRA Statement on Obama Administration Decision to Require Rifle Sales Reporting

$40 billion transnational criminal enterprises don’t fill out paperwork and are not deterred by paperwork violations. This is a blatant effort by the Obama administration and ATF to divert focus of Congress and the general public from their gross incompetence in the Fast and Furious scandal. This scheme will unjustly burden law-abiding retailers in border states. It will not affect drug cartels and and it won’t prevent violence along our borders. ATF and the Administration lacks the statutory authority to do this and the NRA will file suit as soon as ATF sends the first demand letters.

-Chris W. Cox, executive director, NRA-ILA

NRA-ILA Gives CPD Superintendent A History Lesson

Chicago Police Department Superintendent Gerry McCarthy said that Federal gun laws were tantamount to “government sponsored racism” in a speech at St. Sabina’s Catholic Church in Chicago. Recognizing that McCarthy had a poor education in history growing up in New York, the NRA-ILA gives him a history lesson on where the real connections between racism and gun control lie.

Chicago’s Top Cop: The Racist Roots of Gun Rights?

Friday, July 01, 2011

Chicago Police Superintendent Garry McCarthy, newly appointed by anti-gun Mayor Rahm Emanuel, has wasted no time in sharing his views on Chicagoans’ individual right to keep and bear arms. Less than a month after his approval by the City Council, McCarthy attended a service at St. Sabina’s Church (a parish led by anti-gun extremist Father Michael Pfleger) and made a speech claiming that a lack of restrictive gun control laws is “government sponsored racism.”

Those with a better understanding of history will find themselves confused trying to interpret McCarthy’s logic, as decades of scholarship have proven just the opposite; that gun control, rather than its absence, has often been used as a means of government sponsored racism.

In his 1995 Kansas Journal of Law & Public Policy article, “The Racist Roots of Gun Control,” Second Amendment scholar Clayton E. Cramer outlines the historical case that “racism underlies gun control laws.” Cramer notes that racist gun control in America stretches as far back as 1751 with a French law in the Louisiana territory that required colonists to “‘[i]f necessary,’ beat ‘any black carrying any potential weapon, such as a cane.’”

Though Superintendent McCarthy might be excused for not looking that far back, he should certainly be aware of last year’s U.S. Supreme Court opinion in the case of McDonald v. Chicago. In a concurring opinion in that case, Justice Clarence Thomas explained that in the years preceding the Civil War, “Many legislatures amended their laws prohibiting slaves from carrying firearms to apply the prohibition to free blacks as well.” After the Civil War, little improved. Justice Thomas writes: “Some States formally prohibited blacks from possessing firearms… Others enacted legislation prohibiting blacks from carrying firearms without a license, a restriction not imposed on whites.”

Other Reconstruction Era (and later) laws were less candid. For example, an 1870 Tennessee law barred the sale of all but the most expensive pistols, effectively disarming newly freed blacks and the poor. New York’s Sullivan Law of 1911, requiring a permit for handgun possession, was largely targeted at Italians and other disfavored immigrant groups. (That law is still on the books.) And the Rev. Martin Luther King Jr. was denied a concealed carry permit in Alabama under a similar discretionary permitting law—even after his house had been bombed.

We suggest that in the future, Superintendent McCarthy might do a little more research before conflating respect for a fundamental individual right with its antithesis, government-sponsored racism.

PA Governor Signs Castle Doctrine Into Law

From the NRA-ILA on today’s signing of the Castle Doctrine into law by Gov. Tom Corbett (R-PA):

Pennsylvania Governor Signs NRA-Backed Castle Doctrine into Law

Fairfax, Va. – Governor Tom Corbett has signed Pennsylvania Castle Doctrine legislation into law. This common-sense measure permits law-abiding citizens to use force, including deadly force, against an attacker in their home and any place where they have a legal right to be. It also protects individuals from civil lawsuits by an attacker or attacker’s family when force is used.

“Gov. Corbett and Pennsylvania lawmakers know that law-abiding citizens must have the right to protect themselves when criminals attack without fear of being second-guessed by an overzealous prosecutor,” said Chris W. Cox, executive director, National Rifle Association’s Institute for Legislative Action. “Crime victims don’t have the luxury of time when confronted by a criminal and must be able to count on the law being on their side. This new law accomplishes that by removing any mandate of forcible retreat.”

The NRA has led the nationwide movement to pass Castle Doctrine legislation, beginning with Florida in 2005. Pennsylvania is the 27th state to adopt this important measure with overwhelming bipartisan support. House Bill 40, sponsored by Rep. Scott Perry (R-92), passed by a 164 to 37 margin. Richard Alloway, II (R-33), sponsored the companion bill to HB 40, Senate Bill 273, which passed 43-4.

“I am very gratified that Governor Corbett has signed this legislation into law, correcting the grievous error made by the previous administration in denying these long-sought protections to our citizens,” said Rep. Perry. “There are many people who have worked hard to get this legislation to this point, and I am grateful to my House and Senate colleagues and to the National Rifle Association for their support. The time has finally come to return common sense and good judgment to state government, and this legislation is a step in that direction. A criminal should never have an advantage over a citizen who abides by the rules of decent society, and today, we finally achieved the goal of returning the right of self-defense to the law-abiding.”

“Law-abiding gun owners should not have to fear prosecution for acting to prevent a violent crime,” said Sen. Alloway, who introduced Castle Doctrine legislation that was approved by the Senate in March. “I am thankful that the General Assembly has taken action to protect responsible gun owners who respond when facing a serious threat from a criminal. I would also like to thank the NRA for their strong leadership and hard work on this effort as it moved through the legislative process.”

“On behalf of NRA members and all gun owners in Pennsylvania, I would like to thank Rep. Perry; Sen. Alloway; and Gov. Corbett for their leadership in helping make Castle Doctrine a reality for Pennsylvanians,” concluded Cox. “This Castle Doctrine bill places the law on the side of law-abiding gun owners who unfortunately become victims of crime – exactly where the law should be.”

In less than one week, the governors of both North Carolina and Pennsylvania have signed legislation implementing the Castle Doctrine in their respective states. There is only one thing to say about this.

Winning!