Carolyn McCarthy

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HR 308 – Large Capacity Ammunition Feeding Device Act

January 19, 2011 by 3 Comments

Carolyn McCarthy (D-NY) introduced her bill yesterday to ban standard capacity magazines, drums, belts, tubes, stripper clips, or anything else that contains more than 10 rounds. Exemptions are made for police and military. All devices made for military or police uses if the bill passes would now be serialized.

Currently, the bill has 47 co-sponsors and has been referred to the House Judiciary Committee. So far, no companion bill has been introduced in the Senate.

H.R.308 — Large Capacity Ammunition Feeding Device Act (Introduced in House – IH)

HR 308 IH

112th CONGRESS

1st Session

H. R. 308
To prohibit the transfer or possession of large capacity ammunition feeding devices, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

January 18, 2011
Mrs. MCCARTHY of New York (for herself, Mr. CLAY, Ms. NORTON, Mr. WEINER, Ms. ESHOO, Mr. ISRAEL, Mrs. MALONEY, Mr. ACKERMAN, Mr. MORAN, Ms. MCCOLLUM, Mr. BRADY of Pennsylvania, Mr. SERRANO, Ms. PINGREE of Maine, Mr. GEORGE MILLER of California, Mr. MCGOVERN, Ms. HARMAN, Mr. PASCRELL, Ms. HIRONO, Mr. VAN HOLLEN, Mrs. LOWEY, Mr. NADLER, Ms. EDWARDS, Mr. HASTINGS of Florida, Ms. MATSUI, Ms. WATERS, Mr. CICILLINE, Ms. CHU, Mr. SHERMAN, Mr. HOLT, Mr. CONNOLLY of Virginia, Ms. SLAUGHTER, Mr. ELLISON, Mr. QUIGLEY, Mr. MEEKS, Mr. HIMES, Mr. HONDA, Mr. LANGEVIN, Ms. SPEIER, Mr. COHEN, Mr. WAXMAN, Mr. CONYERS, Mr. FARR, Mr. YARMUTH, Ms. JACKSON LEE of Texas, Ms. WOOLSEY, Mr. BLUMENAUER, Mr. BISHOP of New York, and Ms. DEGETTE) introduced the following bill; which was referred to the Committee on the Judiciary

——————————————————————————–

A BILL
To prohibit the transfer or possession of large capacity ammunition feeding devices, and for other purposes.

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

SECTION 1. SHORT TITLE.

This Act may be cited as the `Large Capacity Ammunition Feeding Device Act’.

SEC. 2. PROHIBITION ON TRANSFER OR POSSESSION OF LARGE CAPACITY AMMUNITION FEEDING DEVICES.

(a) Definition- Section 921(a) of title 18, United States Code, is amended by inserting after paragraph (29) the following:

`(30) The term `large capacity ammunition feeding device’–

`(A) means a magazine, belt, drum, feed strip, or similar device that has a capacity of, or that can be readily restored or converted to accept, more than 10 rounds of ammunition; but

`(B) does not include an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition.’.

(b) Prohibitions- Section 922 of such title is amended by inserting after subsection (u) the following:

`(v)(1)(A)(i) Except as provided in clause (ii), it shall be unlawful for a person to transfer or possess a large capacity ammunition feeding device.

`(ii) Clause (i) shall not apply to the possession of a large capacity ammunition feeding device otherwise lawfully possessed within the United States on or before the date of the enactment of this subsection.

`(B) It shall be unlawful for any person to import or bring into the United States a large capacity ammunition feeding device.

`(2) Paragraph (1) shall not apply to–

`(A) a manufacture for, transfer to, or possession by the United States or a department or agency of the United States or a State or a department, agency, or political subdivision of a State, or a transfer to or possession by a law enforcement officer employed by such an entity for purposes of law enforcement (whether on or off duty);

`(B) a transfer to a licensee under title I of the Atomic Energy Act of 1954 for purposes of establishing and maintaining an on-site physical protection system and security organization required by Federal law, or possession by an employee or contractor of such a licensee on-site for such purposes or off-site for purposes of licensee-authorized training or transportation of nuclear materials;

`(C) the possession, by an individual who is retired from service with a law enforcement agency and is not otherwise prohibited from receiving ammunition, of a large capacity ammunition feeding device transferred to the individual by the agency upon that retirement; or

`(D) a manufacture, transfer, or possession of a large capacity ammunition feeding device by a licensed manufacturer or licensed importer for the purposes of testing or experimentation authorized by the Attorney General.’.

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

`(8) Whoever knowingly violates section 922(v) shall be fined under this title, imprisoned not more than 10 years, or both.’.

(d) Identification Markings- Section 923(i) of such title is amended by adding at the end the following: `A large capacity ammunition feeding device manufactured after the date of the enactment of this sentence shall be identified by a serial number that clearly shows that the device was manufactured after such date of enactment, and such other identification as the Attorney General may by regulation prescribe.’.

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McCarthy Unveiling Her Ban On Standard Capacity Magazines.

January 14, 2011 by

Politico has the story on Carolyn McCarthy unveiling her new bill to ban standard capacity magazines. You can read the draft bill in the post before this here.

I feel bad for Mrs. McCarthy that she lost her husband in a shooting. Heck, I even feel bad for her that she has arthritis in her fingers (see the swollen knuckles) as I know how painful that can be. However, I have no use for any one who would politicize a tragic event caused by a madman whether on a train on Long Island or at a Safeway grocery store in Tucson.

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Free Speech? Gun Rights? Not If Carolyn Has Her Way (updated)

January 14, 2011 by 1 Comment

From the Oath of Office she swore:


I, (name), do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.

The last I knew both the First and Second Amendments were part of the Constitution. What part of “support and defend the Constitution of the United States” does Congresswoman Carolyn McCarthy not understand?

UPDATE: Jacob at GunPoliticsNY.com has a draft copy of the proposed McCarthy magazine ban.Sebastian at Snow Flakes In Hell has some analysis of this draft bill.

Mccarthy Magazine Bill

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Is There Something Toxic In Long Island’s Water?

January 12, 2011 by

Something must be in the water of Long Island that causes politicians to say and do stupid things when it comes to firearms.

First, we have the Queen Bee of gun control, Rep. Carolyn McCarthy (D-NY-4), saying that standard capacity magazines must be banned so we don’t have a repeat of the Tucson shooting. She goes on to say that if the “Assault Weapons Ban” (sic) had still been in place fewer people might have been shot. This is despite the AWB only banned the manufacture and/or importation of new magazines. Existing magazines were easy to find and buy.

Next we have Rep. Peter King (R-NY-3) whose district adjoins Mrs. McCarthy’s. He wants to create a gun-free zone of 1,000 feet around all high-ranking government officials. No word on how this could be done nor just who is considered a high-ranking government official. Speaker Boehner has indicated he would not support such a bill.

Finally, we have news today that Rep. Gary Ackerman (D-NY-5) has introduced a bill to close the “fire-sale loophole.” According to The Hill, the bill would require recently unlicensed gun dealers – that is those who have surrendered or lost their FFL – to still conduct background checks on all buyers as if they were still licensed. Ackerman, the story notes, has introduced this bill every session for a number of years. He says:

“After this weekend’s tragedy, it’s clear that Congress must close troubling loopholes in federal gun control laws that let firearms fall into the hands of convicted felons, fugitives, domestic violence perpetrators and severely emotionally disturbed individuals,” Ackerman said in a statement. “Every gun sold should require a background check, period.”

The story on this bill in The Hill does say that Jared Lee Loughner purchased his firearm through a licensed dealer and would not have been prevented from purchasing it with what this bill proposes. This does not prevent NYC Mayor Michael Bloomberg from endorsing Ackerman’s bill.

“Pharmacists who lose their licenses can’t sell prescription drugs to people without prescriptions, yet gun dealers who lose their licenses can sell off their inventory — without even conducting background checks,” New York Mayor Michael Bloomberg said in a statement endorsing Ackerman’s bill.

As I said earlier I don’t know what is in the water of Long Island that causes politicians to say and do stupid things when it comes to firearms. One thing I do know is that all three are engaging in shameless pandering to the press and to the gun control lobby. None of these bills would have stopped the tragedy in Tucson and none will keep either criminals or lunatics from obtaining a means to injure innocent people.

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Carolyn McCarthy – Scared?

October 22, 2010 by

As a general rule of thumb political candidates don’t run negative ads against their opponents unless they are feeling pressed. Negative ads, while often effective, turn off a lot of voters. Studies have shown that it tends to lower voter turnout especially among independents. Actually, some candidates want this as it will improve the chances of them being elected. Only their loyalists will turn out as everyone else is repulsed by the negativity.

Incumbents don’t usually want to resort to running negative ads against their opponent for another reason. It gives the challenger more name recognition and transforms a “nobody” into somebody.

The timing of negative ads gives a clue as to how the incumbent is feeling about his or her chances. The earlier the mud starts to fly, the more trouble the incumbent is in.

Carolyn McCarthy who is finishing up her 7th term of office must be feeling the heat. She has started to go negative against her opponent Fran Becker. With luck, instead of turning off the independent voter, it will piss them off and they will vote for Becker. Let’s keep our fingers crossed!

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Carolyn McCarthy May Have Met Her Match

October 10, 2010 by

Sebastian of SnowFlakesInHell has a report on a poll showing Rep. Carolyn McCarthy (D-Brady Campaign) in a statistical tie with her Republican challenger Fran Becker. McCarthy’s supports seems to be dropping more and more as the election approaches. As would be expected, McCarthy is dismissing the poll results saying it is a private poll and not reliable. They insist Becker is no threat to McCarthy.

So who is Francis X. “Fran” Becker, Jr.? He is a financial planner who owns a practice, Becker and Associates Planning Services, in Lynbrook, New York. He holds the Certified Financial Planner™ designation. Becker is an eight-term member of the Nassau County Legislature representing District 6.

Becker has been married to his wife Clementine for over 36 years. They have three grown daughters and six grandchildren. He has been active in community affairs ranging from the Knights of Columbus to raising money for the Cerebral Palsy Foundation.

Given that Carolyn McCarthy has always vied with Sarah Brady to be the Queen Bee of Gun Control, Becker’s position on the Second Amendment is, of course, of interest. Would a vote for Becker be just trading one gun controller for another given the proclivities of northeast Republicans? In a word, no. Becker is pro-gun and says this on the issue:

Second Amendment

I am a Constitutional Conservative. While we must keep guns out of the hands of children and criminals, the Second Amendment clearly states that every law-abiding citizen has the Constitutional right to bear arms for their own safety and protection.

In one of those weird quirks of fate, I know Fran Becker. He and I were participants together in the Financial Planning Association’s Residency Program back in 2004. This was an intense, week-long small group training program where we worked with some of the best and most experienced financial planners in the business. I remember Fran as strong in his faith, conservative, well-versed in financial matters, and anxious to get home to his family.

According to OpenSecrets.org, McCarthy holds a huge financial advantage over Becker. She has raised over a half million dollars from PACs such as the Brady Campaign’s PAC and numerous unions including the thugs at SEIU. If you want to help Becker out, you can make a donation here. I did and really encourage you to do so as well for two reasons. Fran is a good guy and Congress would be better off without someone who thinks a barrel shroud is “that shoulder thing that goes up.”

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Howler of the Day

July 26, 2010 by

From a FoxNew article on pro-gun Democrats comes the howler of the day courtesy of Carolyn McCarthy (D-NY):

“They’ve been very open about saying… ‘Carolyn, if the NRA comes against a bill, I gotta vote with the NRA.’ They’re not going to take that chance. I understand that,” said McCarthy of her Democratic colleagues. “Does it bother me? Of course, it bothers me because I’m not trying to take away anyone’s right to own a gun.”

And I’m sure she has the check in the mail as well.