Sen. Joe Manchin

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Toomey & Manchin – The Public Safety and Second Amendment Rights Protection Act

April 10, 2013 by 6 Comments

I didn’t get to see the press conference at 11am. However, the following is the joint release that Sen. Pat Toomey and Sen. Joe Manchin are putting out. They are calling this bill “The Public Safety and Second Amendment Rights Protection Act”.

As with everything, the devil is in the details. One of the keys will be how transfers are defined. Will it be transfer as in transferring ownership or the Bloomberg desired redefinition. If it is the latter, this bill needs to die a quick death with plenty of pain for both Toomey and Manchin. Remember these are only the publicized details of the bill and not the actual language

The only two things I really see that I like within this bill is that a concealed carry permit from any state will substitute for a NICS check and that interstate sales of handguns will now be permitted by dealers. I am presuming that the latter means you or I can go into a gun shop in another state and buy that custom 1911 that has been sitting in the dealer’s second hand case. While I can currently use my NC CHP for a purchase, the concern I’d have about this provision is letting the Feds get involved in defining the requirements of a CCW.

I still think Pat Toomey is a damn fool for even getting involved in any of this and should have let the Democrats shoot themselves in the foot with gun control.

Bottom Line: The Public Safety and Second Amendment Rights Protection Act would require states and the federal government to send all necessary records on criminals and the violently mentally ill to the National Instant Criminal Background Check System (NICS). The bill extends the existing background check system to gun shows and online sales.

The bill explicitly bans the federal government from creating a national firearms registry, and imposes serious criminal penalties (a felony with up to 15 years in prison) on any person who misuses or illegally retains firearms records.

TITLE ONE: GETTING ALL THE NAMES OF PROHIBITED PURCHASERS INTO THE BACKGROUND CHECK SYSTEM

Summary of Title I: This section improves background checks for firearms by strengthening the instant check system.

  • – Encourage states to provide all their available records to NICS by restricting federal funds to states who do not comply.
  • – Allow dealers to voluntarily use the NICS database to run background checks on their prospective employees.
  • – Clarifies that submissions of mental health records into the NICS system are not prohibited by federal privacy laws (HIPAA).
  • – Provides a legal process for a veteran to contest his/her placement in NICS when there is no basis for barring the right to own a firearm.

TITLE TWO: REQUIRING BACKGROUND CHECKS FOR FIREARM SALES

Summary of Title II: This section of the bill requires background checks for sales at gun shows and online while securing certain aspects of 2nd Amendment rights for law abiding citizens.

  • – Closes the gun show and other loopholes while exempting temporary transfers and transfers between family members.
  • – Fixes interstate travel laws for sportsmen who transport their firearms across state lines in a responsible manner. The term “transport” includes staying in temporary lodging overnight, stopping for food, buying fuel, vehicle maintenance, and medical treatment.
  • – Protects sellers from lawsuits if the weapon cleared through the expanded background checks and is subsequently used in a crime. This is the same treatment gun dealers receive now.
  • – Allows dealers to complete transactions at gun shows that take place in a state for which they are not a resident.
  • – Requires that if a background check at a gun show does not result in a definitive response from NICS within 48 hours, the sale may proceed. After four years, when the NICS improvements are completed, the background check would clear in 24 hours. Current law is three business days.
  • – Requires the FBI to give priority to finalizing background checks at gun shows over checks at store front dealerships.
  • – Authorizes use of a state concealed carry permit instead of a background check when purchasing a firearm from a dealer.
  • – Permits interstate handgun sales from dealers.
  • – Allows active military to buy firearms in their home states.
  • – Family transfers and some private sales (friends, neighbors, other individuals) are exempt from background checks

 TITLE THREE: NATIONAL COMMISSION ON MASS VIOLENCE

Summary of Title III: : This section of the bill creates a commission to study the causes of mass violence in the United States, looking at all aspects of the problem, including guns, school safety, mental health, and violent media or video games.

The Commission would consist of six experts appointed by the Senate Majority Leader and six experts appointed by the Speaker of the House. They would be required to submit an interim report in three months and a completed report in six months.

WHAT THE BILL WILL NOT DO

The bill will not take away anyone’s guns.

The bill will not ban any type of firearm.

The bill will not ban or restrict the use of any kind of bullet or any size clip or magazine.

The bill will not create a national registry; in fact, it specifically makes it illegal to establish any such registry.

The bill will not, in any way at all, infringe upon the Constitutional rights of law-abiding citizens –

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Toomey, Manchin, And The Politics Of “Doing Something”

April 10, 2013 by 2 Comments

I, for one, do not understand just what the hell that Sen. Pat Toomey (R-PA) thought he’d gain by entering backroom discussions on gun control with Sen. Joe Manchin (D-WV). Gun control legislation was dying in the Senate because red-state Democrats up for re-election in 2014 were mortally afraid of it. Toomey’s move gives them more than a bit of cover.

I’ll be in client meetings when Toomey and Manchin have their press conference at 11 am this morning. However, Sebastian and Bitter have been doing a great job of reporting on Toomey’s efforts. I suggest going there to read some more background and to keep up with the latest details.

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The Topic That Dare Not Speak Its Name

March 4, 2013 by 1 Comment

With apologies to Oscar Wilde, for Sen. Joe Manchin (D-WV) there is a topic that dare not speak its name. That topic is gun control and the Second Amendment.

Sen. Manchin gave an interview to The Journal of Martinsburg, WV that was published on Sunday. At the top of the interview was the following editor’s note:

Editor’s note: This question and answer session was permitted under the condition that The Journal would not ask questions regarding gun control legislation or the Second Amendment, as requested by the senator’s staff.

Given that Manchin was elected to a full six-year term in 2012 and won’t be up for re-election until 2018, I find this all rather strange. You must wonder what the good Senator has to hide.

His staff is now denying that they made the topic off-limits. They just said he wouldn’t answer questions on gun control or the Second Amendment.

The way I see it is that it is irrelevant whether the topic was off-limits or that Manchin would just refuse to answer the question. He still is hiding. He’s backtracked a good deal from the earlier positions he took in January. If I were a resident of West by God Virginia, I’d be demanding answers as a constituent to just where Manchin stands now on gun control. He owes his constituents an honest answer and it looks like he is doing everything in his power to avoid doing that.

H/T Instapundit

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The Kirsten Gillibrand Of West By God Virginia

December 17, 2012 by 4 Comments

That was then:

This is now. From MSNBC’s Morning Joe:

“I’m a proud outdoors-man and huntsman, like many Americans, and I like
shooting, but this doesn’t make sense,” Manchin said. “I don’t know
anyone in the sporting and hunting arena who goes out with an assault
rifle; I don’t know anyone who needs 30 rounds in the clip to go
hunting.”

I think Joe Manchin needs to be reminded that the Second Amendment has nothing to do with either duck hunting or deer hunting. It has everything to do with being able to protect yourself and your family. That includes protecting yourself from state-sponsored violence and a tyrannic government.

Manchin said that after the fiscal cliff is resolved, this will be a high priority.

Newtown’s shooting “has changed the dialogue and it should move beyond dialogue, we need action.”

With people like Joe Manchin who sways with the politically-expedient winds, is it any wonder that the country is in such trouble?

UPDATE: The West Virginia Citizens Defense League has scheduled a protest outside of Joe Manchin’s Charleston, WV office on Saturday, December 22nd. It is scheduled for 10am. The location is 300 Virginia Street East. See their Facebook page for more details.

H/T Sebastian

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Nice But Why Not Just Pass HR 822

March 13, 2012 by 14 Comments

Senators Joe Manchin (D-WV), Mark Begich (D-AK), and Mike Crapo (R-ID) have introduced the National Right-to-Carry Reciprocity Act of 2012. According to the press releases (see below), it is similar to HR 822 which passed the House of Representatives on November 16, 2011 on a 272-154 rollcall vote. That bill is currently in the Senate Judiciary Committee awaiting hearings.

The text of the Senate bill is not yet available on the Library of Congress’s website. I have to assume that it is very similar – if not exactly the same – to what was passed in the House. A bill passed in the House does not need a similar bill introduced in the Senate though it is common practice. Given that, would not it just be easier to work with the bill that has already passed one house of Congress? To my way of thinking it provides less chance of having to reconcile vastly differing bills in a conference committee where the final bill could be watered down to merely a feel-good measure.

That said, this bill does have the endorsement of the NRA. If giving some pro-gun Democrats cover is the price we need to pay, I can live with that.

From Begich’s press release:

In an effort to remove burdensome red tape that hampers the ability of legal concealed carry permit holders to carry concealed firearms into other states that allow them, a bi-partisan group of Senators has introduced the National Right-to-Carry Reciprocity Act of 2012. A similar bill passed the House last year with a vote of 272-164.

The Senate bill, endorsed by the National Rifle Association (NRA), is sponsored by Sen. Mark Begich (D-Alaska), Sen. Joe Manchin (D-West Virginia), and Sen. Mike Crapo (R-Idaho).

Under the legislation, an individual with a valid ID and concealed carry permit would be allowed to carry a concealed handgun into any state that has a statute permitting residents to carry concealed firearms, or that does not explicitly prohibit them.

The legislation also says an individual who is ineligible for a concealed carry permit in his or her state would not be allowed to obtain an out-of-state permit in a state with less restrictive eligibility requirements in order to use that permit in his or her own state.

“I’m leading the effort to provide consistency so law-abiding gun owners can carry concealed firearms in every state that permits them without having to navigate confusing rules and regulations in different states,” Begich said. “The right to keep and bear arms is a fundamental right and part of who we are as Alaskans and Americans. This bill is one more step in my ongoing efforts to protect the Second Amendment rights of law-abiding citizens.”

“This common sense legislation would cut down on the layers of regulations facing law-abiding Americans who have the right to own guns and use them responsibly,” Manchin said. “If we can streamline and simplify some of our rules governing gun ownership, everybody wins – especially the 65,000 West Virginians who hold concealed carry permits.”

“This legislation respects the rights of law-abiding citizens by allowing them to defend themselves across state lines,” Crapo said. “Most importantly, they would still have to comply with all the firearms laws of the state in which they travel. The act facilitates the ability of states to design a system for concealed-carrier firearms in a fair way, while protecting the rights of states to honor all of their firearms laws.”

The executive director for the NRA’s Institute for Legislation Action, Chris Cox, praised the Senators for introducing the bill and said it is critical to protect Second Amendment rights.

“Over the last two decades, the NRA has led the way toward a brick-by-brick restoration of self-defense laws throughout the country. National Right-to-Carry reciprocity is yet another step forward for law-abiding Americans,” Cox said. “Citizens aren’t immune to crime when they cross state lines, so it is only reasonable that they have an effective means of protecting themselves and their loved ones while in other states. The NRA thanks Senator Mark Begich for introducing this measure in the U.S. Senate, along with Senators Joe Manchin and Mike Crapo, for their efforts to strengthen self-defense laws in America.”

From Manchin’s press release:

Washington, D.C. — In an effort to remove burdensome red tape that limits the ability of legal concealed carry permit holders to carry concealed firearms into other states that allow them, U.S. Senator Joe Manchin (D-W.Va.) has joined a bipartisan group of Senators in introducing the National Right-to-Carry Reciprocity Act of 2012.

Under the legislation, an individual with a valid ID and concealed carry permit would be allowed to carry a concealed handgun into any state that allows residents to carry concealed firearms.

“This commonsense legislation would cut down on the layers of regulations facing law-abiding Americans who have the right to own guns and use them responsibly,” Senator Manchin said. “If we can streamline and simplify some of our rules governing gun ownership, everybody wins – especially the 65,000 West Virginians who hold concealed carry permits.”

The legislation also says an individual who is ineligible for a concealed carry permit in his or her state would not be allowed to obtain an out-of-state permit in a state with less restrictive eligibility requirements, and use that permit to carry a concealed handgun in his or her state.

The Senate bill, endorsed by the National Rifle Association (NRA), is also sponsored by Sen. Mark Begich (D-Alaska) and Sen. Mike Crapo (R-Idaho). A similar bill passed the House last year with a vote of 272-164.

The executive director for the NRA’s Institute for Legislation Action, Chris Cox, praised the Senators for introducing the bill and said it is critical to protect Second Amendment rights.

“Over the last two decades, the NRA has led the way toward a brick-by-brick restoration of self-defense laws throughout the country. National Right-to-Carry reciprocity is yet another step forward for law-abiding Americans,” Cox said. “Citizens aren’t immune to crime when they cross state lines, so it is only reasonable that they have an effective means of protecting themselves and their loved ones while in other states. The NRA thanks Senator Mark Begich for introducing this measure in the U.S. Senate, along with Sens. Joe Manchin and Mike Crapo, and for their efforts to strengthen self-defense laws in America.”

UPDATE: From the NRA on S. 2188 which they say is a companion bill to HR 822.

Fairfax, Va. – Senate Bill 2188, an important self-defense bill that would enable millions of Right-to-Carry permit holders across the country to carry concealed firearms while traveling outside their home states, was introduced in the U.S. Senate today. S. 2188 is the companion legislation to H.R. 822, which passed the U.S. House of Representatives on November 16, 2011 by a majority bipartisan vote of 272 to 154.

“Over the last two decades, the NRA has led the way toward a brick-by-brick restoration of self-defense laws throughout the country. National Right-to-Carry reciprocity is yet another step forward for law-abiding Americans,” said Chris W. Cox, executive director for NRA’s Institute for Legislative Action. “Citizens aren’t immune from crime when they cross state lines, so it is only reasonable that they have an effective means of protecting themselves and their loved ones while in other states. The introduction of S. 2188 is a significant step forward in the ongoing effort to improve self-defense laws in this country.”

S. 2188, introduced in the U.S. Senate by Senators Mark Begich (D-AK) and Joe Manchin III (D-WV), would allow any person with a valid state-issued concealed firearm permit to carry a concealed firearm in any other state that issues concealed firearm permits, or 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. S. 2188 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.

Here is a link to the full text of S. 2188 thanks to Inquisitor (see comments). For comparison, here is a link to the full text of HR 822 as it passed the House of Representatives.