Bipartisan Safer Communities Act

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SCI And Sportsmen’s Alliance File Intent To Sue

August 17, 2023 by

Safari Club International and the Sportsmen’s Alliance Foundation have filed a Notice of Intent to Sue with the US Department of Education over the department’s interpretation of the Bipartisan Safer Communities Act. That interpretation states that archery and hunter safety programs in schools are ineligible for Federal funding as a result of the 2022 law.

From the Office of Elementary and Secondary Education FAQ released in April 2023 on the Bipartisan Safer Communities Act:

D-1. May Stronger Connections funds be used to arm teachers or other individuals,
or to provide training in the use of weapons?

No. Section 13401 of the BSCA amended Section 8526 of the ESEA to prohibit the use of ESEA funds, including those under Stronger Connections, to provide to any person a dangerous weapon or training in
the use of a dangerous weapon. A “dangerous weapon” as defined in section 930(g)(2) of title 18 of the United States Code is a weapon, device, instrument, material, or substance, animate or inanimate, that
is used for, or is readily capable of, causing death or serious bodily injury, except that such term does not include a pocketknife with a blade of less than 2 1/2 inches in length. Accordingly, funds may not be used, for example, to purchase a firearm or to train teachers to use a firearm.

SCI and the Sportsmen’s Alliance Foundation filed the Intent to Sue on Friday, August 11th. They argued that the Department of Education’s interpretation was “arbitrary and capricious”, contrary to law, violated the Administrative Procedures Act, and misconstrued the intent of Congress. The Notice of Intent to Sue gave the Department 10 days to respond or a suit would be filed seeking to correct the misinterpretation of the law.

A number of House Republicans have sent a letter to Education Secretary Miguel Cardona objecting to the Department’s interpretation of the law. Spearheading the move were House GOP Conference Chair Elise Stefanik (R-NY), Education and Workforce Committee Chair Virginia Foxx (R-NC), and Rep. Richard Hudson (R-NC). Three sponsors of the Bipartisan Safer Communities Act in the Senate – Kyrsten Sinema (D-AZ), John Cornyn (R-TX), and Thom Tillis (R-NC) have likewise said the Department is misinterpreting the the law.

Rep. Mark Green (R-TN) has introduced H.R. 5110 to amend the Elementary and Secondary Act of 1965. The bill would clarify “that the prohibition on the use of Federal education funds for certain weapons does not apply to the use of such weapons for training in archery, hunting, or other shooting sports.” That bill was introduced on August 1st and currently has 26 co-sponsors including one Democrat (Rep. Mary Peltola of Alaska). The bill has been referred to the House Education and Workforce Committee.

I am happy to see that SCI and the Sportsmen’s Alliance Foundation has stepped up. Likewise, I am glad some in Congress want to make a correction. I will also say that none of this would have been an issue if a number of RINO Republicans in both the House and Senate hadn’t caved to pressure from the gun control industry to “do something”. I thought it was foolish then and I think it remains so today.

You can read the full Notice of Intent to Sue below:

2023-08-11-Notice-of-Intent-to-Sue-4

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Did Feinstein Just Sabotage The New Gun Bill?

June 23, 2022 by 11 Comments

I don’t know whether to condemn Sen. Dianne Feinstein (D-CA) or praise her. She has filed a bill as an amendment to the Bipartisan Safer Communities Act that would raise the age to purchase many semi-auto rifles, pistols, or shotguns to 21. The impact of this amendment could cause the carefully crafted “compromise” (sic) to fall apart.

AP Photo, March 1998. kolotv.com

From her press release:

Senator Dianne Feinstein (D-Calif.) today filed the Age 21 Act as an amendment to the Bipartisan Safer Communities Act, the gun violence prevention bill pending before the Senate. The amendment would raise the minimum age to purchase assault weapons and high-capacity ammunition magazines from 18 to 21.

Senator Feinstein reintroduced the Age 21 Act on May 19, five days after the massacre at a Buffalo supermarket and five days before the school shooting in Uvalde, each of which involved an 18-year-old who legally purchased an assault rifle.

 “The Senate gun safety bill is a step in the right direction, but it doesn’t address the major problem of teenagers owning weapons of war,” said Senator Feinstein. “It makes no sense that it’s illegal for someone under 21 to buy a handgun or even a beer, yet can legally buy an assault weapon.  My amendment is a commonsense fix with broad public support that should receive bipartisan backing and I hope that it’s allowed a vote.”

Reading through the amendment which I have embedded below, something as innocuous as a semi-auto shotgun such as the Mossberg 940 Pro Waterfowl Snow Goose edition would be forbidden to anyone under 21. The reasoning, according to the amendment, is that it has a tubular magazine that holds more than 5 rounds. Likewise, a turkey shotgun that had a pistol grip would be forbidden. On pistols, if you wanted to have a threaded barrel for a suppressor to protect your hearing, sorry but young ears need to be damaged is the message this amendment sends.

I really think these sorts of amendments could cause the whole thing to fall apart and force the Republicans to walk away. It is one thing to say you want to do careful background checks taking into account juvenile records for those under 21 and a whole another thing to ban a whole category of firearms to them. I don’t think a Manchin or Sinema could get by with voting for such a bill that included that along with the other stuff.

I do notice that Sen. Chris Murphy (D-CT) is not one of the co-sponsors of her original bill nor is Senate Majority Leader Chuck Schumer (D-NY).

Here is the text of Feinstein’s Age 21 Act amendment.

Feinstein-Age-21-Act

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Neville McConnell

June 22, 2022 by 5 Comments

If you are a student of 20th Century history, you know that the British led by then-Prime Minister Neville Chamberlain engaged in a policy of appeasement when confronted by Hitler’s demands for the Sudetenland which was part of then Czechoslovakia. Emboldened by this, Hitler later invaded Poland which marked the start of the Second World War.

I think of the 14 Republican senators led by Minority Leader Mitch McConnell who voted to invoke cloture on the Bipartisan Safer Communities Act yesterday. It is a policy of appeasement. I presume that McConnell hopes that by appeasing the Democrats on gun control that it will not be an issue of great importance in the November elections. Is agreeing to a “bipartisan” bill on gun control now any different than Chamberlain’s “Peace for our Time”? Frankly, I don’t think so. If you read any of the comments from the gun control industry issued last night, you can see they are already planning for the next move.

What Sen. McConnell does not seem to realize is that appeasement will never regain the Senate for the Republicans. Those who want gun control will never vote for Republicans and those for whom gun control is anathema may just sit out the election.

Excuse my poor Adobe Photoshop skills but this is how I see it along with an rewriting of Chamberlain’s speech he was waving in his hand after returning from Munich.

Neville McConnell

And the speech.

We, the Democrats, and the Republicans, have had a further meeting today and are agreed in recognizing that the question of gun control is of the first importance for our two parties and for the United States.
We regard the agreement signed last night and the Bipartisan Safer Communities Act as symbolic of the desire of our two parties to ignore the Constitution. We are resolved that the method of capitulation shall be the method adopted to deal with any other commonsense questions of gun control by our two parties, and we are determined to continue our efforts to remove possible sources of difference, and thus to contribute to the end of the Second Amendment.

Chamberlain’s actual speech is here.

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Sold Down The River

June 22, 2022 by 3 Comments

RINOs, quislings, I don’t give a damn what you call them, but gun owners just got sold down the river by the GOP. As I said in an email to Traitor Thom Tillis earlier tonight, the “gun reform” (sic) bill was a capitulation and not a compromise.

The Washington Post is reporting that within less than two hours of the text of the “Bipartisan Safer Communities Act” being released, the Senate had voted 64-34 to advance the bill to the floor. That means that all Democrats voted in the affirmative that 14 Republicans crossed the aisle and vote aye.

Tuesday’s 64-to-34 test vote, which took place less than two hours after the final text was circulated, put the legislation on a path to pass the chamber by the end of the week.Key players on the political right took sides immediately after the text was released, with Senate Minority Leader Mitch McConnell (R-Ky.) backing the bill and the National Rifle Association opposing it….

Cornyn, too, acknowledged the compromise was likely to leave those on both extremes of the political spectrum dissatisfied. But he said the time had come for lawmakers to heed the public’s calls for action: “We know there’s no such thing as a perfect piece of legislation. We are imperfect human beings. But we have to try, and I believe this bill is a step in the right direction.”

Texas Republicans know just what a sell-out Beltway Bandit Cornyn has become and showed it this past weekend. Not only was he booed by the delegates but they adopted a resolution condemning the senators involved (which includes Cornyn) and stated “that all gun control is a violation of the Second Amendment and our God-given rights.”

“Cocaine Mitch” McConnell was one of the 14 that voted in favor of moving the bill. He even called the bill “commonsense”. To use that word which is right up there in the gun prohibitionists’ lexicon with “gun safety” was a slap in the the face.

He continued:

McConnell on Tuesday lent the bill firm support, calling it “a commonsense package of popular steps that will help make these horrifying incidents less likely while fully upholding the Second Amendment rights of law-abiding citizens.”

“For years, the far left falsely claimed that Congress could only address the terrible issue of mass murders by trampling on law-abiding Americans’ constitutional rights,” he said. “This bill proves that false.”

Bullshit!

Of course, the Demanding Moms, Everytown, Giffords, Brady, and every other gun prohibitionist group were ecstatic with “this first step” while calling for more “reforms”.

Here, by name, are the 14 Republicans who sold us down the river.

All 50 members of the Democratic caucus supported the procedural motion Tuesday, plus 14 Republicans — Roy Blunt (Mo.), Richard Burr (N.C.), Shelley Moore Capito (W.Va.), Bill Cassidy (La.), Susan M. Collins (Maine), Joni Ernst (Iowa), Lindsey O. Graham (S.C.), Lisa Murkowski (Alaska), Rob Portman (Ohio), Mitt Romney (Utah), and Todd C. Young (Ind.), as well as Cornyn, McConnell and Tillis. Sen. Patrick J. Toomey (Pa.) did not vote Tuesday but issued a statement supporting the bill.

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Text Of Bipartisan Safer Communities Act

June 21, 2022 by 2 Comments

I have embedded the full text of the “gun reform” (sic) legislation just released this evening. It is based upon the agreement between 10 Democrat senators and 10 Republican senators led by Sen. Chris Murphy (D-CT), Sen. John Cornyn (R-TX), and Sen. Thom Tillis (R-NC).

If you go to Sec. 12002, you will see that the definition for “engaged in business” which would require a Federal Firearms License has changed. Rather than the prior “principal objective of livelihood and profit”, it is now changed to “to predominantly to earn a profit”. If this is adopted, I am sure we will see many undercover ATF Special Agents at gun shows going after the frequent traders.

Those firearms purchasers that are over 18 but not yet 21 are being thrown under the bus as was expected. It will apply to all firearms purchases including that of a single shot .22 LR rifle. As I read it, the bill imposes what is essentially a 3-day waiting period which is extended if there are any juvenile mental health or criminal record exists. This is in Sec. 12001.

Sec. 12004 deals with straw purchases. We already know that they are illegal under Federal law. However, now adds extra penalties if the straw purchaser knowingly transfers a firearm (or has reason to suspect) to someone who plans to engage in a felony, drug trafficking, or terrorism. Just transferring the firearm raises the penalty to 15 years imprisonment. If it involves the furtherance of a felony, drug trafficking, or terrorism, then the penalty is now 25 years imprisonment.

There is a lot more and it will take some careful combing to get to the rest. If you see something as you read through it, make a comment.

bipartisan_safer_communities_act_text