Fix NICS Act of 2017

Uncategorized

That Was Friday, This Is Today

March 13, 2018 by 2 Comments

Marty Daniel of Daniel Defense caused a wee bit of controversy on Friday when he posted his support for the Fix NICS Act. The original Facebook post is gone so I’m copying this from Townhall.com.

Message from Marty Daniel on the Fix NICS Act (S.2135)


Dear Friends,


I need your help. I believe the Fix NICS Act (S. 2135), sponsored by the National Shooting Sports Foundation (NSSF) and endorsed by the National Rifle Association (NRA), is presently the only common sense approach to keeping firearms out of the hands of the wrong people. This bipartisan bill, which aims to keep firearms from being sold to criminals and other dangerous people, was introduced by U.S. Senator John Cornyn of Texas. All provisions of this bill have already been voted on and passed in the U.S. House of Representatives. While the bill has enough votes to pass the Senate, we must put pressure on our representatives until the President puts pen to paper.


Our Senators, by passing the Fix NICS Act, can take logical steps TODAY to improve background checks through the FBI’s National Instant Criminal Background Check System (NICS). By doing so, states would not only be required to, but would be held accountable for not complying with new reporting procedures which would ensure background checks are complete and reliable. The Fix NICS Act would:


• Mandate federal agencies to report criminal convictions to the
Attorney General
• Require reporting of select mental health records that prohibit the
purchase of firearms (Fix NICS only seeks to require mental health
records that fit current federal categories)
• Hold states and federal agencies accountable for failing to upload
records


Here’s how you can help.


1.) Send an Email to Your Representatives at: http://bit.ly/2FFsmg0
2.) Share this Post & Tag Your Representatives in the Comments


Together, we can get this thing passed.


– Marty Daniel

Let’s just say many people were not happy and leave it at that.

Today, Mr. Daniel went back to Twitter, Facebook, and Instagram to post a quite different message. Here is the one from Facebook.

Message from Marty Daniel:


Friends,


First and foremost, let me say that I have heard your voices. I put out a statement on Friday, supporting Senate Bill S.2135 also known as the Fix NICS Act. I have received overwhelming feedback since putting out this statement, which has brought to my attention that there are significant and justified concerns regarding this bill. I can no longer in good conscience put my support behind S.2135.


I released the original statement because I believed it was the best option available at this time to hold back the continued attacks on the Second Amendment and the erosion of our rights. I was wrong.


Let me be very clear:


• My life’s work is to protect an individual’s right to keep and bear arms by holding our lawmakers accountable to the Second Amendment.


• I believe that all firearms laws that limit the rights of law abiding citizens are unconstitutional.


• I will never support any legislation which infringes on any individuals rights, and could potentially subvert due process.


• Myself, my Family, and Daniel Defense love and serve our Veterans every day. I would never support a legislative measure which would strip them of their rights based on their history of service and sacrifice.


Thank you to everyone who reached out and voiced your concerns. You are a motivated and passionate group of people which I am proud to call my peers, my friends, and my family. We are all united in one fight – the fight to support and defend the Constitution of the United States of America. I will never turn my back on you. I stand with you and I am ready to continue to fight for our rights.


-Marty

People I know and respect are on both sides of the debate regarding Fix NICS. I think it is up to you to make your own decision on it. The other thing I would note is that if even half the pressure put on Marty Daniel and Daniel Defense was put on wavering politicians there would be no debating Fix NICS, a new AWB, or age restrictions. The fight would be over and we would have won.

Uncategorized

White House Proposals

March 12, 2018 by

The rumors and news coming out of the White House with regard to gun control all included a proposal to raise the legal age to purchase a rifle or shotgun to age 21. Even Deputy Press Secretary Raj Shah was saying on one of the Sunday morning news roundtables. As things stand now, that proposal has been shelved. I don’t know about you but I wrote both senators and my US representative yesterday strongly objecting to raising the age.

Given the White House has briefed the press but has not released a definitive public statement here is where things stand now:

  • Federal Commission on School Safety headed by Education Secretary Betsy DeVos will study age restrictions and other restrictions, They will issue a report later.
  • Improvements to the FBI’s tip line.
  • Support for FixNICS Act.
  • Support of the STOP School Violence Act which would allocate $50 million annually for school safety improvements including violence prevention training for teachers.
  • Assist states in training teachers and other school staff in firearms use.
  • Allow military vets and retired LEOs to work as school safety officers.
  • Call on states to allow police, with court approval, to remove firearms from people who are a threat to themselves or others. It would also “temporarily” remove their ability to purchase firearms.
  • Ban bump fire stocks (which was previously mentioned).
  • Improve mental health systems to identify and treat treats. This would include “increased integration of mental health, primary health care and family services.”
If I were to make a prediction now, it is that FixNICS is going through no matter what. The other is that gun violence (sic) protection orders (by whatever name) will become a hot topic in some states notwithstanding their threat to civil rights.
The one thing to bear in mind right now is that no politician is your friend. It doesn’t matter the party nor their past support for gun rights. They will throw gun rights and gun rights supporters under the bus if they think it could impact their chances of reelection. One merely need look at Florida where many supposed gun rights supporting legislators threw gun rights under the bus in their haste to pass SB 7026.

UPDATE: Here is what the White House sent out with their “1600 Daily” email a few minutes ago:

How to secure our schools

After the horrific shooting at a
Parkland, Florida, high school last month,
President Donald J. Trump met with students,
teachers, lawmakers, and local officials to hear
every idea they had about how to keep violence
out of America’s schools.
Every child
in our Nation has a right to feel safe. To
achieve that goal, the President will announce a
series of actions to protect our children and
their communities:

  • Hardening our
    schools    : The Administration will make
    sure our schools are safe and secure—just like
    our airports, stadiums, and government
    buildings—with better training and
    preparedness.
  • Strengthening
    background checks and prevention    :
    President Trump is supporting legislation and
    reforms to strengthen the background checks
    system and law enforcement operations.
  • Reforming mental health
    programs    : The President is proposing
    an expansion and reform of mental health
    programs, including those that help identify
    and treat individuals who may be a threat to
    themselves or others.
  • Keeping the conversation
    going    : In addition to these immediate
    actions, President Trump is establishing a
    Federal Commission on School Safety, chaired
    by Secretary of Education Betsy DeVos, to
    recommend policy and funding proposals for
    school violence prevention.
Uncategorized

The Establishment Has Spoken

February 22, 2018 by 3 Comments

The Wall Street Journal ran an unsigned editorial yesterday regarding background checks for firearms purchases. They noted the Florida school murderer was a known threat. He had been reported to the FBI, the local sheriff’s department had been called multiple times, and the school had a warning out asking to be notified if he showed up with a backpack.

The editorial then advocates for the passage of Sen. John Cornyn’s Fix NICS Act of 2017. They say this could be done quickly if only, in my words, those ideologues in the House would decouple national concealed carry reciprocity from their version of Fix NICS. While they are at they could throw in a Trojan Horse ban on bump fire stocks.

From the editorial:

The bill would tighten an imperfect background-check system and is supported by the National Rifle Association, police associations and the White House. The House passed the legislation last year, but it also added a provision requiring reciprocity for owners of concealed firearm permits across state lines. Democrats oppose the reciprocity provision, which can’t pass the Senate.


Republicans would be wise to let that reciprocity provision die and send a clean Fix-NICS bill to the Senate. The House can throw in a ban on so-called bump stocks, which let an AR-15 rifle fire more rapidly. That also has bipartisan support, and President Trump on Tuesday directed the Justice Department to propose a regulation banning bump stocks.


These ideas might not have stopped (killer’s name redacted), but then neither would the oft-proposed ban on AR-15s. He could as easily have bought handguns, which is how (killer’s name redacted) killed 32 people at Virginia Tech in 2007. But one consequence of Parkland should be a debate on how American society can deny the dangerous mentally ill access to guns of any kind. That will require a rethinking of privacy laws and state mental-health statutes.


Democrats keep saying they merely want “common sense” gun laws, not a ban, and the Cornyn bill is a test of their sincerity.

So let me get this straight so I can understand the thinking of the Establishment. If the Democrats “compromise” and support a bill that gives them virtually everything they want short of a ban on semi-automatic rifles and universal background checks, it is a “test of their sincerity”. However, this also implies that if the Republicans insist on fulfilling their promise to the American voters on national reciprocity they will be considered obstructionists.

What a masterful example of Establishment doublespeak!

The proper response by us gun rights demanding proles is not only no but hell no. Passing Fix NICS with a bump fire ban but no carry reciprocity is no compromise. It should be rightfully seen for what it is:  a willful surrender by spineless Republicans who only give a shit about gun rights when it comes to getting our votes at election time.

Uncategorized

Today’s The Day

December 6, 2017 by

Today is the day that national concealed carry reciprocity finally comes to the floor of the House of Representatives. We have been promised it since last year’s Presidential campaign. It should have come up in March or April but the House Republican leadership seems to have been dragging their feet on this.

We have seen reciprocity pass the House before only to die in the Senate. HR 822 passed the House by a strong majority (272-154) back in November 2011. As much as some are upset about the pairing of carry reciprocity with the Fix NICS Act, that plus the number of red state Democrats up for re-election in the Senate may be the thing that gets it passed. The main thing in the Senate is not only to get it passed but to get it passed without amendments that would either cripple reciprocity or would add a virtual assault weapons ban to the bill. I could see Sen. Dianne Feinstein trying to do both of those things.

In the meantime, here is the schedule for today as put out by the House Majority Leader’s Office.

H.R. 38 – Concealed Carry Reciprocity Act of 2017, Rules Committee Print (Closed Rule, One Hour of Debate) (Sponsored by Rep. Richard Hudson / Judiciary Committee)
Postponed Suspension Votes:
1) S. 1266 – Enhancing Veteran Care Act (Sponsored by Sen. James M. Inhofe / Veterans Affairs Committee)
2) H.Con.Res. 90 – Condemning ethnic cleansing of the Rohingya and calling for an end to the attacks in and an immediate restoration of humanitarian access to the state of Rakhine in Burma, as amended (Sponsored by Rep. Joseph Crowley / Foreign Affairs Committee)
Special Order Speeches

The House will first have to vote on House Resolution 645 which contains the rule for consideration of HR 38. The Rules Committee provided this summary of the rule:

Rule Information

COMMITTEE ACTION:
REPORTED BY RECORD VOTE of 8-3 on Tuesday, December 5, 2017.
FLOOR ACTION ON H. RES. 645: 
MANAGERS: Collins/Hastings
1. Closed rule.
2. Provides one hour of debate equally divided and controlled by the chair and ranking minority member of the Committee on the Judiciary.
3. Waives all points of order against consideration of the bill.
4. Provides that an amendment in the nature of a substitute consisting of the text of Rules Committee Print 115-45 shall be considered as adopted and the bill, as amended, shall be considered as read.
5. Waives all points of order against provisions in the bill, as amended.
6. Provides one motion to recommit with or without instructions.

The bottom line is that today is the day to light up the phones to Capitol Hill and district offices. You can be damn sure the gun prohibitionists are doing it and thanks to Giffords you know what they are going to say.

Uncategorized

HR 38 Is Moving To A Floor Vote

December 4, 2017 by

The House Rules Committee will issue a rule for HR 38 – Concealed Carry Reciprocity Act of 2017 – on Tuesday, December 5th. This news was announced on Tom Gresham’s Gun Talk Radio show by Rep. Richard Hudson (R-NC) on Sunday.

It is expected that the bill will come before the House for debate and a vote starting on Wednesday.

However, as predicted by Rep. Tom Massie (R-KY) the Fixed NICS bill has been merged with concealed carry reciprocity. It is now Title II of HR 38. Massie goes on to say that when the bill hits the Senate, carry reciprocity will be dropped and only the Fix NICS portion approved. Then given different bills have passed the House and Senate it will go to a conference committee who will only report out the Fix NICS portion of the bill. Rep. Dina Titus (D-NV) has offered an amendment to the bill being considered in the Rules Committee that would drop the carry portion of the bill.

It should be noted that Massie, despite being chairman of the Second Amendment Caucus, has opposed HR 38 from the start according to Dave Cole who is both a constituent of Massie and a blogger at Black Man with a Gun.

I think it was to be expected that that bills would be combined in that they both dealt with guns and both came out of the House Judiciary Committee at the same time. The NSSF is supporting both parts of the bill including the Fix NICS portion.

HR 4477 – Fix NICS – as it passed the House Judiciary Committee includes a provision to require the Attorney General to provide a report on how often bump stocks had been used in crimes. This would be part of the combined bill. That said, I think the actual instances of a bump stock equipped carbine or rifle being used in a crime will be very few.

Uncategorized

HR 38 – Concealed Carry Reciprocity Act of 2017 – Comes Up For Committee Vote This Morning

November 29, 2017 by

The House Judiciary Committee is holding its markup hearings on three bills this morning at 10 am EST. HR 38, the Concealed Carry Reciprocity Act of 2017, and HR 4434, the Fix NICS Act of 2017, will be two of the bills included in the markup. The other bill concerns amber alerts on Indian reservations.

Passing national reciprocity was one of the promises that President Trump and the Republicans made to the gun rights community in 2016. Rep. Richard Hudson (R-NC) introduced HR 38 on the first day of this session of Congress and we have been waiting (and waiting) for any movement on the bill. The bill currently has 210 Republican and 3 Democrat co-sponsors.

HR 4434 and S. 2135 are identical bills introduced to correct some of the problems with the reporting of data to the FBI for inclusion in the databases used to conduct the NICS instant background checks. Both bills were introduced after the murders at the First Baptist Church of Sutherland Springs. In that instance, the murderer had convictions on his record that made him a prohibited person. However, the US Air Force failed to report his convictions to the FBI and the murderer was able to buy multiple firearms after passing multiple NICS checks. The House bill is sponsored by Rep. Henry Cuellar (D-TX) and the Senate bill by Sen. John Cornyn (R-TX). There is bipartisan support for both of these bills.

You can view the hearings live on YouTube.