Beware The Ides Of July

Katie Pavlich of who has been done really good reporting lately on Project Gunwalker posted that Rep. Elijah Cummings (D-MD), Rep. Carolyn Maloney (D-NY), and Rep. Carolyn McCarthy (D-NY) plan to introduce a new gun control bill on July 15th. According to the ancient Roman calendar, the 15th of July – just like the 15th of March – is the Ides of the month.

U.S. Representatives Carolyn B. Maloney (D-NY), Elijah E. Cummings (D-MD), ranking member of the House Oversight and Government Reform Committee, and Carolyn McCarthy (D-NY) will join other members and a leading law enforcement organization for an event Friday, July 15th, 11:00 a.m. at the House Triangle to introduce the “Stop Gun Trafficking and Strengthen Law Enforcement Act,” which establishes a dedicated firearms trafficking statute to empower law enforcement to keep high-powered firearms out of the hands of dangerous criminals, including Mexican drug cartels.

Frankly, other than getting glowing tributes from the opinion pages of the New York Times and the Washington Post, I don’t see much of a future for this legislation. It will gain a quick handful of Democrats as co-sponsors and then languish in committee just like Carolyn McCarthy’s HR 308.

As Katie notes,

So let me get this straight, democrats want to punish law abiding Americans and impede on Second Amendment rights with new legislation “to prevent gun trafficking to Mexico,” however, aren’t willing to focus on the ATF and DOJ’s role in deliberately putting high powered firearms into the hands of criminals including Mexican drug cartels?

Katie was the one who broke the story yesterday on the email from Assistant Director for Operations Mark Chait to Bill Newell which suggests that one aim of Project Gunwalker was to build support for the multiple-rifle reporting requirement.

“Gun Extremist”

I am now officially a “gun extremist” according to the Coalition to Stop Gun Violence. Below is a Tweet that they sent out today.

Gun extremist says C. McCarthy is “using the tragic death of her husband as a means of political gain.” #politics…
16 minutes ago

I want to thank them for this accolade and will endeavor to live up to it.

As to what I wrote about Carolyn McCarthy, I stand by it. Mrs. McCarthy has used the tragic death of her husband as a means for political gain since the day she first ran for Congress and continues to do so. One need only read her recent press releases on gun control issues to see this.

HR 822 – National Right-To-Carry Reciprocity Hits 100

Only last week, Rep. Carolyn McCarthy was issuing press releases trumpeting that her magazine ban bill, HR 308, had hit 100 co-sponsors “with more on the way.” There were quotes from all the gun prohibitionists congratulating her and saying what an important bill it was. It reminded people of “her unique perspective” and tried to reinforce her victimhood. (See my comments at the bottom of this post about not moving on.)

Yesterday, Rep. Cliff Stearns (R-FL) bill – National Right-To-Carry Reciprocity Act of 2011 – hit 100 co-sponsors. It was introduced on Feb. 18th which was exactly one month after McCarthy introduced HR 308. It has added co-sponsors at a much quicker rate and, unlike HR 308, is genuinely bi-partisan. In the past week alone, it has added 17 co-sponsors.

Rep. Stearns is a more modest person than Mrs. McCarthy. He has not used the milestone of 100 co-sponsors as an event that requires press releases and media events. Since he hasn’t publicized this milestone, I will.

The 100 Congressmen and Congresswomen who have stood up for your Second Amendment rights are listed below. As I have said many times, if your representative isn’t listed and they say they are pro-gun, it is time to call them and ask why they aren’t a co-sponsor.

Rep Adams, Sandy [FL-24] – 3/8/2011
Rep Aderholt, Robert B. [AL-4] – 3/29/2011
Rep Altmire, Jason [PA-4] – 3/16/2011
Rep Bachmann, Michele [MN-6] – 3/2/2011
Rep Bachus, Spencer [AL-6] – 3/8/2011
Rep Barton, Joe [TX-6] – 3/2/2011
Rep Benishek, Dan [MI-1] – 3/3/2011
Rep Bilirakis, Gus M. [FL-9] – 3/11/2011
Rep Bishop, Sanford D., Jr. [GA-2] – 3/3/2011
Rep Boren, Dan [OK-2] – 3/2/2011
Rep Boswell, Leonard L. [IA-3] – 3/2/2011
Rep Buchanan, Vern [FL-13] – 3/15/2011
Rep Burton, Dan [IN-5] – 3/2/2011
Rep Canseco, Francisco “Quico” [TX-23] – 3/8/2011
Rep Carter, John R. [TX-31] – 3/2/2011
Rep Chaffetz, Jason [UT-3] – 3/3/2011
Rep Coffman, Mike [CO-6] – 3/2/2011
Rep Cole, Tom [OK-4] – 3/2/2011
Rep Costello, Jerry F. [IL-12] – 3/11/2011
Rep Crenshaw, Ander [FL-4] – 3/15/2011
Rep Critz, Mark S. [PA-12] – 3/17/2011
Rep Davis, Geoff [KY-4] – 3/3/2011
Rep Dent, Charles W. [PA-15] – 3/16/2011
Rep Diaz-Balart, Mario [FL-21] – 3/2/2011
Rep Duncan, Jeff [SC-3] – 3/29/2011
Rep Duncan, John J., Jr. [TN-2] – 3/2/2011
Rep Emerson, Jo Ann [MO-8] – 3/8/2011
Rep Fleming, John [LA-4] – 3/11/2011
Rep Forbes, J. Randy [VA-4] – 3/29/2011
Rep Foxx, Virginia [NC-5] – 3/8/2011
Rep Franks, Trent [AZ-2] – 3/30/2011
Rep Garrett, Scott [NJ-5] – 3/2/2011
Rep Gibbs, Bob [OH-18] – 3/15/2011
Rep Gibson, Christopher P. [NY-20] – 3/2/2011
Rep Gingrey, Phil [GA-11] – 3/2/2011
Rep Granger, Kay [TX-12] – 3/3/2011
Rep Graves, Sam [MO-6] – 3/2/2011
Rep Green, Gene [TX-29] – 3/10/2011
Rep Griffith, H. Morgan [VA-9] – 3/15/2011
Rep Hall, Ralph M. [TX-4] – 3/3/2011
Rep Harris, Andy [MD-1] – 3/10/2011
Rep Heck, Joseph J. [NV-3] – 3/30/2011
Rep Heinrich, Martin [NM-1] – 3/3/2011
Rep Heller, Dean [NV-2] – 3/2/2011
Rep Hensarling, Jeb [TX-5] – 3/30/2011
Rep Herger, Wally [CA-2] – 3/3/2011
Rep Holden, Tim [PA-17] – 3/3/2011
Rep Huelskamp, Tim [KS-1] – 3/2/2011
Rep Hunter, Duncan D. [CA-52] – 3/29/2011
Rep Jenkins, Lynn [KS-2] – 3/8/2011
Rep Johnson, Sam [TX-3] – 3/14/2011
Rep Johnson, Timothy V. [IL-15] – 3/3/2011
Rep Jordan, Jim [OH-4] – 3/11/2011
Rep Kinzinger, Adam [IL-11] – 3/14/2011
Rep Kissell, Larry [NC-8] – 3/3/2011
Rep Kline, John [MN-2] – 3/8/2011
Rep Lamborn, Doug [CO-5] – 3/2/2011
Rep Latham, Tom [IA-4] – 3/8/2011
Rep Latta, Robert E. [OH-5] – 3/14/2011
Rep Luetkemeyer, Blaine [MO-9] – 3/29/2011
Rep McCotter, Thaddeus G. [MI-11] – 3/8/2011
Rep McIntyre, Mike [NC-7] – 3/8/2011
Rep Mica, John L. [FL-7] – 3/3/2011
Rep Miller, Candice S. [MI-10] – 3/16/2011
Rep Miller, Gary G. [CA-42] – 3/3/2011
Rep Miller, Jeff [FL-1] – 3/2/2011
Rep Mulvaney, Mick [SC-5] – 3/8/2011
Rep Nugent, Richard [FL-5] – 3/17/2011
Rep Owens, William L. [NY-23] – 3/2/2011
Rep Palazzo, Steven M. [MS-4] – 3/15/2011
Rep Pence, Mike [IN-6] – 3/2/2011
Rep Peterson, Collin C. [MN-7] – 3/3/2011
Rep Petri, Thomas E. [WI-6] – 3/8/2011
Rep Platts, Todd Russell [PA-19] – 3/29/2011
Rep Poe, Ted [TX-2] – 3/29/2011
Rep Pompeo, Mike [KS-4] – 3/17/2011
Rep Posey, Bill [FL-15] – 3/3/2011
Rep Rahall, Nick J., II [WV-3] – 3/3/2011
Rep Rivera, David [FL-25] – 3/11/2011
Rep Rogers, Mike D. [AL-3] – 3/2/2011
Rep Rogers, Mike J. [MI-8] – 3/14/2011
Rep Ross, Dennis [FL-12] – 3/11/2011
Rep Ross, Mike [AR-4] – 3/2/2011
Rep Scalise, Steve [LA-1] – 3/29/2011
Rep Schmidt, Jean [OH-2] – 3/2/2011
Rep Schock, Aaron [IL-18] – 3/29/2011
Rep Shuler, Heath [NC-11] – 2/18/2011
Rep Sullivan, John [OK-1] – 3/29/2011
Rep Terry, Lee [NE-2] – 3/30/2011
Rep Thornberry, Mac [TX-13] – 3/16/2011
Rep Tiberi, Patrick J. [OH-12] – 3/16/2011
Rep Turner, Michael R. [OH-3] – 3/8/2011
Rep Walz, Timothy J. [MN-1] – 3/29/2011
Rep West, Allen B. [FL-22] – 3/3/2011
Rep Westmoreland, Lynn A. [GA-3] – 3/2/2011
Rep Wilson, Joe [SC-2] – 3/8/2011
Rep Wittman, Robert J. [VA-1] – 3/10/2011
Rep Wolf, Frank R. [VA-10] – 3/30/2011
Rep Young, Don [AK] – 3/2/2011
Rep Young, Todd C. [IN-9] – 3/30/2011

McCarthy Crowing

Rep. Carolyn McCarthy is crowing about how her bill, HR 308, has now reached 100 co-sponsors. She includes numerous congratulatory accolades from gun prohibitionists in her press release. Normally, 100 co-sponsors of a gun control bill like hers would be of concern. However, given that the co-sponsors are all liberal, anti-gun Democrats and the House is now Republican majority, HR 308 is merely something to keep one’s eye on and not something that should cause great and immediate fear. While this bill make get a few more sponsors, I think it has come close to its high water mark.

By contrast, HR 822 – the National Right-To-Carry Reciprocity Bill – now has 83 co-sponsors in less than a month since its introduction. It probably would have more sponsors added this week if the House wasn’t on break this week for a “constituent work break”. If your representative is having an event in his or her district, that might be a good time to ask them to become a co-sponsor if they haven’t already. If they have signed up as a co-sponsor, make sure to thank them.

And now for some light reading courtesy of Rep. McCarthy.

Bill to Ban High-Capacity Ammo Magazines Reaches New Milestone
Wednesday March 23, 2011

H.R. 308 Now Has 100 Cosponsors in House, With More on the Way

WASHINGTON, DC – Rep. Carolyn McCarthy’s (D-NY04) bill to ban high-capacity ammunition magazines has reached a new milestone, with 100 cosponsors now supporting the proposal.

More cosponsors still are expected for H.R. 308, which aims to reduce injuries and save lives by banning the sale or transfer of magazines that allow shooters to fire more than 10 bullets at a time. In the recent mass shooting in Tucson as well as the 1993 massacre on the Long Island Railroad that affected Rep. McCarthy’s family, the shooters were stopped by bystanders only when they stopped to reload their high-capacity magazines.

The 100 cosponsors hail from every part of the country, and represent a broad coalition of Congress members representing urban, suburban and rural areas.

The rapid growth in support behind the bill – which was introduced on Jan. 18 – is the result of a two-pronged strategy being executed by Rep. McCarthy and a nationwide network of advocates.

On one level, Rep. McCarthy is going member-to-member on Capitol Hill making the case personally, reminding her colleagues of her unique perspective as a victim of gun violence herself. Her husband was killed, and son seriously injured, in the 1993 LIRR shooting.
On another level, groups like the Brady Campaign to Prevent Gun Violence, States United to Prevent Gun Violence, the Coalition to Stop Gun Violence, the Violence Policy Center, New Yorkers Against Gun Violence and the Citizens Crime Commission of NYC are working tirelessly with local partners across the country to speak to members of Congress and their constituents directly in their districts.

“The broad and steadily growing coalition of cosponsors for the bill to ban high-capacity magazines is a clear sign that millions of Americans support commonsense measures to address gun violence,” Rep. McCarthy said. “Together with strengthening our background check system so that people known to be dangerous can’t get their hands on deadly weapons in the first place, this proposal is sure to reduce injuries and save lives in our nation.”

Brady Campaign to Prevent Gun Violence President Paul Helmke said: “We applaud this new milestone and are encouraged that Congress is waking up to the fact that sensible gun laws save lives. More members of Congress are beginning to understand that restrictions on military-style weaponry are necessary to help prevent mass shootings. We are encouraged by the support of these 100 co-sponsors and are determined to fight for the passage of this proven and effective law to reduce gun violence.”

States United to Prevent Gun Violence Executive Director Andy Pelosi said: “We applaud Rep. McCarthy’s leadership and the growing Congressional support on this issue to re-establish the ban on high capacity ammunition magazines. No private citizen should have access to such high-power lethality. Our state-based gun violence prevention organizations have found wide support for this ban which will save lives.”

Violence Policy Center Legislative Director Kristen Rand said: “Increasing support in Congress for restricting high-capacity magazines demonstrates the public’s recognition that these devices have no legitimate purpose in a civilized society.”

Coalition to Stop Gun Violence Executive Director Josh Horwitz said: “Representative McCarthy has shown yet again that she is a tenacious advocate. Reaching the 100 cosponsor mark in such a short amount of time is a reminder that Congress will have to consider this legislation sooner rather than later. Our Coalition has worked tirelessly to develop cosponsors and it is rewarding to see so many Members respond.”

New Yorkers Against Gun Violence Executive Director Jackie Hilly said: “A ban on large capacity ammunition magazines is a sensible step to reduce gun violence and is supported by an overwhelming majority of Americans. I thank each of the 100 cosponsors of H.R. 308 for listening to the demands of their constituents. The leadership shown by these Members of Congress, particularly Representative Carolyn McCarthy, will help save lives.”

Citizens Crime Commission of NYC and formerBrady Campaign President Richard Aborn said: “The fight for commonsense gun control has never been an easy one, but we’re halfway there with Congresswoman McCarthy’s outstanding leadership on H.R. 308. The issue is simple: this isn’t about Democrats or Republicans, it’s about protecting law enforcement and keeping the public safe. Congress needs to understand that cops should not be outgunned by criminals; it’s not fair.”

Michael Bane made a comment a week or so ago that we as Americans tend to accord victims a special status. McCarthy always wants to play on that status by never failing to mention the murder of her husband on the Long Island Railroad in 1993 by a deranged individual.

Like McCarthy, I was widowed in 1993. My wife died from breast cancer at the age of 42. Neither event was supposed to happen but they did. As harsh as it may sound, life goes on and we need to deal with it. To expect – and even demand – continued sympathy from an event that happened over 17 years ago like McCarthy seems to want to do is sad. It is sad that McCarthy hasn’t really moved on with her life and sad because she is using the tragic death of her husband as a means of political gain.

HR 308 – Updates For March

Another month and some more fellow travelers have signed on to Carolyn McCarthy’s HR 308 which would ban standard capacity magazines.

The newest co-sponsors who signed on yesterday are:

Rep Pallone, Frank, Jr. [NJ-6] – 3/1/2011
Rep Sanchez, Loretta [CA-47] – 3/1/2011
Rep Johnson, Henry C. “Hank,” Jr. [GA-4] – 3/1/2011

You may remember Rep. Hank Johnson as the Congressman who questioned whether redeploying more Marines to Guam would cause the island to tip over and capsize. How Adm. Robert Willard, Commander of the U.S. Pacific Fleet, kept a straight face in response is beyond me.

As to Rep. Loretta Sanchez, you may remember that in an interview on a Spanish-language radio station in fall 2010, she accused “the Vietnamese” of trying to steal her seat from Hispanics. She eventually apologized for that gaffe. In January, Sanchez attempted to get Gabby Giffords removed from the House Armed Services Committee while she was recovering from her wounds. As you can imagine, that didn’t go over too well.

I guess Carolyn McCarthy is not too picky about her bill’s supporters. As it is, not one Republican – not even Rep. Peter King (R-NY) – has signed on to her bill. No hearings have been scheduled on the bill which was referred to the House Judiciary Subcomittee on Subcommittee on Crime, Terrorism, and Homeland Security on February 7th.

New HR 308 Co-Sponsors

HR 308, Carolyn McCarthy’s bill to ban standard capacity magazines and other loading devices, has 15 new co-sponsors which brings the total to 80. I still don’t see any Republicans as co-sponsors of this bill or of Sen. Frank Lautenberg’s companion bill, S. 32.

Last week, this bill was sent by the House Judiciary Committee to their Subcomittee on Crime, Terrorism, and Homeland Security which is chaired by Rep. James Sensenbrenner (R-WI) who is A-rated by the NRA on gun issues. Two-thirds of the Democrat minority of this subcommittee are listed as co-sponsors of HR 308.

The new co-sponsors are:

Rep Towns, Edolphus [NY-10] – 2/10/2011
Rep Engel, Eliot L. [NY-17] – 2/10/2011
Rep Crowley, Joseph [NY-7] – 2/10/2011
Rep Roybal-Allard, Lucille [CA-34] – 2/10/2011
Rep Capuano, Michael E. [MA-8] – 2/10/2011
Rep Napolitano, Grace F. [CA-38] – 2/10/2011
Rep Lee, Barbara [CA-9] – 2/10/2011
Rep Scott, Robert C. “Bobby” [VA-3] – 2/10/2011
Rep Tonko, Paul [NY-21] – 2/10/2011
Rep Payne, Donald M. [NJ-10] – 2/10/2011
Rep Olver, John W. [MA-1] – 2/10/2011
Rep Fattah, Chaka [PA-2] – 2/10/2011
Rep Sutton, Betty [OH-13] – 2/10/2011
Rep Tsongas, Niki [MA-5] – 2/10/2011
Rep Frank, Barney [MA-4] – 2/10/2011

UPDATE: Four more fellow travelers have been added to McCarthy’s list of co-sponsors.

Rep Price, David E. [NC-4] – 2/15/2011
Rep Fudge, Marcia L. [OH-11] – 2/15/2011
Rep Stark, Fortney Pete [CA-13] – 2/15/2011
Rep Garamendi, John [CA-10] – 2/15/2011

Lisa Price, the wife of Rep. David Price, is the co-founder and long-time head of North Carolinians Against Gun Violence. Rep. Price is also a co-sponsor of McCarthy’s “gun show loophole” bill.

One name missing from this list is Rep. Nancy Pelosi. I doubt she has changed her stripes but it is interesting nonetheless.

UPDATE II:  Another four Democrats have signed on to HR 308 as of yesterday.

Rep Johnson, Eddie Bernice [TX-30] – 2/17/2011
Rep Capps, Lois [CA-23] – 2/17/2011
Rep Richardson, Laura [CA-37] – 2/17/2011
Rep Cummings, Elijah E. [MD-7] – 2/17/2011

UPDATE III: You can add two more Democrats to the list of co-sponsors of HR 308.

Rep Schwartz, Allyson Y. [PA-13] – 2/18/2011
Rep Schiff, Adam B. [CA-29] – 2/18/2011

Schiff lists himself as a Blue Dog Democrat but this doesn’t look like what I’d expect a Blue Dog to do. Maybe he is really a Purple Dog just like Rep. Jane Harman who is also listed as Blue Dog. Harman was on the original list of co-sponsors of this bill.

HR 591 – Gun Show Loophole Closing Act of 2011

The text of Rep. Carolyn McCarthy’s HR 591 is now available. It is similar to S. 35 introduced by Sen. Frank Lautenberg (D-NJ) that would have the same title. They differ somewhat in the details but not in substance. Both would require private sales between individuals to be conducted with a FFL as an intermediary.

California has a similar program in place called the Dealer Record of Sale (DROS) process which mandates ALL transactions involving firearms be conducted through a licensed entity. Both bills would continue the push for “Californication” of gun laws. If there was ever a reason that we need to pay attention to what happens in California, this is it.

Lautenberg’s bill has added one new co-sponsor – Sen. Michael Bennet of Colorado. I guess Bennet’s statements about respecting the rights of gun owners during his campaign against challenger Ken Buck in 2010 were mere fluff meant to placate the gun owning voters of Colorado.

The text of McCarthy’s bill is below:

H.R.591 — Gun Show Loophole Closing Act of 2011
HR 591 IH
1st Session

H. R. 591
To require criminal background checks on all firearms transactions occurring at gun shows.


February 9, 2011
Mrs. MCCARTHY of New York (for herself and Mr. CICILLINE) introduced the following bill; which was referred to the Committee on the Judiciary

To require criminal background checks on all firearms transactions occurring at gun shows.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,


This Act may be cited as the `Gun Show Loophole Closing Act of 2011′.


(a) Findings- The Congress finds that–

(1) approximately 5,200 traditional gun shows are held annually across the United States, attracting thousands of attendees per show and hundreds of Federal firearms licensees and unlicensed firearms sellers; and

(2) gun shows at which firearms are exhibited or offered for sale or exchange provide a convenient and centralized commercial location where criminals and other prohibited persons obtain firearms without background checks and without records that enable firearm tracing.

(b) Definitions- Section 921(a) of title 18, United States Code, is amended by adding at the end the following:

`(36) Gun Show- The term `gun show’–

`(A) means any event at which 50 or more firearms are offered or exhibited for sale, exchange, or transfer, if 1 or more of the firearms has been shipped or transported in, or otherwise affects, interstate or foreign commerce;

`(B) does not include an offer or exhibit of firearms for sale, exchange, or transfer by an individual from the personal collection of that individual, at the private residence of that individual, if the individual is not required to be licensed under section 923; and

`(C) does not include an offer or exhibit of firearms for sale, exchange, or transfer at events–

`(i) where not more than 100 firearms are offered or exhibited for sale, exchange or transfer;

`(ii) that are conducted by private, not-for-profit organizations whose primary purpose is owning and maintaining real property for the purpose of hunting activities; and

`(iii) that are attended only by permanent or annual dues-paying members of the organizations, and the members of the immediate families of the dues-paying members.

`(37) Gun Show Vendor- The term `gun show vendor’ means a person who is not licensed under section 923 and who exhibits, sells, offers for sale, transfers, or exchanges a firearm at a gun show, regardless of whether or not the person arranges with the gun show operator for a fixed location from which to exhibit, sell, offer for sale, transfer, or exchange the firearm.’.

(c) Regulation of Firearms Transfers at Gun Shows-

(1) IN GENERAL- Chapter 44 of such title is amended by adding at the end the following:

`Sec. 932. Regulation of firearms transfers at gun shows

`(a) Registration of Gun Show Operators– It shall be unlawful for a person to operate a gun show, unless–

`(1) the person has attained 21 years of age;

`(2) the person (and, if the person is a corporation, partnership, or association, each individual possessing, directly or indirectly, the power to direct or cause the direction of the management and policies of the corporation, partnership, or association) is not prohibited by subsection (g) or (n) of section 922 from transporting, shipping, or receiving firearms or ammunition in interstate or foreign commerce;

`(3) the person has not willfully violated any provision of this chapter or regulation issued under this chapter;

`(4) the person has registered with the Attorney General as a gun show operator, in accordance with regulations promulgated by the Attorney General, and as part of the registration–

`(A) has provided the Attorney General with a photograph and the fingerprints of the person; and

`(B) has certified that the person meets the requirements of subparagraphs (A) through (D) of section 923(d)(1);

`(5) the person has not willfully failed to disclose any material information required, and has not made any false statement as to any material fact, in connection with the registration; and

`(6) the person has paid the Attorney General a fee for the registration, in an amount determined by the Attorney General.

`(b) Responsibilities of Gun Show Operators-

`(1) IN GENERAL- It shall be unlawful for a person to operate a gun show, unless the person–

`(A) not later than 30 days before the commencement of the gun show, notifies the Attorney General, in writing, of the date, time, duration, and location of the gun show, and the identity of each person who will be a gun show vendor at the gun show;

`(B) before commencement of the gun show–

`(i) verifies the identity of each individual who will be a gun show vendor at the gun show by examining a valid identification document (as defined in section 1028(d)(3)) of the individual containing a photograph of the individual; and

`(ii) requires each such individual to sign–

`(I) a ledger, and enter into the ledger identifying information concerning the individual; and

`(II) a notice which sets forth the obligations of a gun show vendor under this chapter; and

`(C) notifies each person who attends the gun show of the requirements of this chapter, in accordance with such regulations as the Attorney General shall prescribe.

`(2) RECORDKEEPING- A person who operates, or has operated, a gun show shall maintain records demonstrating compliance with paragraph (1)(B), at such place, for such period of time, and in such form as the Attorney General shall require by regulation, or transmit the records to the Attorney General.

`(c) Background Check Required Before Transfer of Firearm Between Unlicensed Persons- It shall be unlawful for a person who is not licensed under this chapter to transfer possession of, or title to, a firearm at, or on the curtilage of, a gun show, to another person who is not so licensed, or for a person who is not so licensed to receive possession of, or title to, a firearm at, or on the curtilage of, a gun show from another person who is not so licensed, unless a licensed importer, licensed manufacturer, or licensed dealer–

`(1) has entered into a separate bound record the make, model, and serial number of the firearm, and such other information about the transaction as the Attorney General may require by regulation; and

`(2) has notified the prospective transferor and prospective transferee of the firearm that the national instant criminal background check system established under section 103 of the Brady Handgun Violence Prevention Act has provided the licensee with a unique identification number, indicating that receipt of the firearm by the prospective transferee would not violate section 922 of this title or State law.
`(d) Recordkeeping Requirements-

`(1) IN GENERAL- A licensee who provides a notice pursuant to subsection (c)(2) with respect to the transfer of a firearm shall–

`(A) not later than 10 days after the date of the transfer, submit to the Attorney General a report of the transfer, which report shall specify the make, model, and serial number of the firearm, and contain such other information and be on such form, as the Attorney General shall require by regulation, except that the report shall not include the name of or other identifying information relating to any person involved in the transfer who is not licensed under this chapter; and

`(B) retain a record of the transfer, including the same information as would be required if the transfer were from the inventory of the licensee, as part of the permanent business records of the licensee.

`(2) LIMITATION- The Attorney General may not impose any recordkeeping requirement on any gun show vendor by reason of this section.’.

(2) PENALTIES- Section 924(a) of such title is amended by adding at the end the following:

`(8)(A) Whoever knowingly violates subsection (a) or (d) of section 932 shall be fined under this title, imprisoned not more than 5 years, or both.

`(B) Whoever knowingly violates subsection (b) or (c) of section 932, shall be–

`(i) fined under this title, imprisoned not more than 2 years, or both; and

`(ii) in the case of a second or subsequent conviction, fined under this title, imprisoned not more than 5 years, or both.

`(C) In addition to any other penalties imposed under this paragraph, the Attorney General may, with respect to any person who knowingly violates any provision of section 932–

`(i) if the person is registered pursuant to section 932(a), after notice and opportunity for a hearing, suspend for not more than 6 months or revoke the registration of that person under section 932(a); and

`(ii) impose a civil fine in an amount equal to not more than $10,000.’.

(3) CLERICAL AMENDMENT- The table of contents for chapter 44 of such title is amended by adding at the end the following:

`Sec. 932. Regulation of firearms transfers at gun shows.’.

(d) Inspection Authority- Section 923(g)(1) of such title is amended by adding at the end the following:

`(E) Notwithstanding subparagraph (B) of this paragraph, the Attorney General may enter during business hours any place where a gun show operator operates a gun show or is required to maintain records pursuant to section 932(b)(2), for purposes of examining the records required by sections 923 and 932 and the inventory of licensees conducting business at the gun show. The entry and examination shall be conducted for the purposes of determining compliance with this chapter by gun show operators and licensees conducting business at the gun show, and shall not require a showing of reasonable cause or a warrant.’.

(e) Reports of Multiple Sales Assisted by Licensees at Gun Shows- Section 923(g)(3)(A) of such title is amended by inserting `or provides pursuant to section 932(c)(2) notice with respect to,’ after `sells or otherwise disposes of,’.

(f) Increased Penalties for Serious Recordkeeping Violations by Licensees- Section 924(a)(3) of such title is amended to read as follows:

`(3)(A) Except as provided in subparagraph (B), any licensed dealer, licensed importer, licensed manufacturer, or licensed collector who knowingly makes any false statement or representation with respect to the information required by this chapter to be kept in the records of a person licensed under this chapter, or violates section 922(m), shall be fined under this title, imprisoned not more than 1 year, or both.

`(B) If the violation described in subparagraph (A) is in relation to an offense–

`(i) under paragraph (1) or (3) of section 922(b), such person shall be fined under this title, imprisoned not more than 5 years, or both; or

`(ii) under subsection (a)(6) or (d) of section 922, such person shall be fined under this title, imprisoned not more than 10 years, or both.’.

(g) Increased Penalties for Violations of Criminal Background Check Requirements-

(1) PENALTIES- Section 924(a)(5) of such title is amended–

(A) by striking `subsection (s) or (t) of section 922′ and inserting `section 922(t)’; and

(B) by striking `1′ and inserting `5′.

(2) ELIMINATION OF CERTAIN ELEMENTS OF OFFENSE- Section 922(t)(5) of such title is amended by striking `and, at the time’ and all that follows through `State law’.

(h) Authority To Hire Personnel To Inspect Gun Shows- The Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives may hire at least 40 additional Industry Operations Investigators for the purpose of carrying out inspections of gun shows (as defined in section 921(a)(36) of title 18, United States Code).
(i) Report to the Congress- The Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives shall submit biennial reports to the Congress on how firearms (as defined in section 921(a)(3) of title 18, United States Code) are sold at gun shows (as defined in paragraph (36) of such section), how this section is being carried out, whether firearms are being sold without background checks conducted by the national instant criminal background check system established under section 103 of the Brady Handgun Violence Prevention Act, what resources are needed to carry out this section, and any recommendations for improvements to ensure that firearms are not sold without the background checks.

(j) Effective Date- This section and the amendments made by this section shall take effect 180 days after the date of enactment of this Act.

HR 591 – McCarthy’s Latest Gun Control Bill

Rep. Carolyn McCarthy introduced HR 591 yesterday. It would “require criminal background checks on all firearms transactions occurring at gun shows.” The text of the bill has not yet been published.

As of yesterday, it had only one co-sponsor – Rep. David Cicilline (D-RI).

While the text of the bill hasn’t been received yet, I am presuming that this is an effort by McCarthy to play off of Mayor Bloomberg’s so-called sting operation at a Phoenix gun show in January. What makes a private sale made in the vicinity of a gun show different from any other private sale between lawful individuals is a question that only the gun controllers can answer.

When the full text is published, I will post it here.

In other McCarthy news, her magazine ban bill, HR 308, seems to have reached a high-watermark in terms of co-sponsors. It remains at 65 and has remained that way since January 26th. Of course, this number could change if President Obama were to make some forceful statement in support of the bill. And pigs could fly, too, I suppose.

Eight New Co-Sponsors For HR 308 (updated)

The following are the latest co-sponsors of Carolyn McCarthy’s HR 308 – the magazine ban bill.

Rep Gutierrez, Luis V. [IL-4] – 1/24/2011
Rep Sires, Albio [NJ-13] – 1/24/2011
Rep Carson, Andre [IN-7] – 1/24/2011
Rep Rangel, Charles B. [NY-15] – 1/24/2011
Rep Markey, Edward J. [MA-7] – 1/24/2011
Rep Filner, Bob [CA-51] – 1/24/2011

As far as I can tell, all the bill’s co-sponsors are Democrats. The other co-sponsors can be found in this post.

UPDATE:  Two more co-sponsors – both Democrats – were added to the list for HR 308 on Wednesday. They are:

Rep DeLauro, Rosa L. [CT-3] – 1/26/2011
Rep Grijalva, Raul M. [AZ-7] – 1/26/2011

Grandfathering and HR 308

HR 308, Carolyn McCarthy’s bill to outlaw standard capacity magazines and other feeding devices, does not allow any currently owned magazines above 10 rounds to be transferred. The Assault Weapons Ban (sic) of 1994 did allow for existing magazines to be sold, traded, or transferred. The new bill makes it a felony.

Sebastian at Snow Flakes in Hell has an excellent analysis of this provision. To understand just how radical a bill this is, you must read it. As he notes:

McCarthy’s bill contains no such exemption (as in AWB of 1994 regarding proof of ownership), which puts the burden on you to prove you fall under one of these two exemptions. Carolyn McCarthy has been on NPR saying that the things bloggers have been saying about her bill aren’t true. She knows damned well they are true, and so do the anti-gun groups. The purpose of this bill is to try to get more of us thrown in federal prison.

I am not naive enough to believe that they merely don’t know how to draft laws. Dennis Henigan is not a fool or an idiot. He knows federal guns laws, and I would be very surprised if McCarthy’s staffers didn’t consult with the Brady Center on this bill. By removing the original grandfathering and protections that were in the original 1994 ban, the effect is vastly different than what we lived under with that regime. Under this law, you may really only possess 11 round or greater magazines, unless you have proof you possessed them prior, at the arbitrary discretion of the authorities. How many magazines do you have documentation for?

 When you have RINO dinosaurs like Dick Lugar coming out in favor of a ban as well as the comments by Dick Cheney, it tells you two things: most don’t understand the difference between the law in 1994 and what McCarthy proposes AND we are going to have a fight on our hands to stop this monstrosity.