Feinstein Gets Her Way

Sen. Dianne Feinstein (D-CA) got her assault weapons ban (sic) – S. 150 – out of the Senate Judiciary Committee today on a 10-8 party line vote. It now goes to the full Senate.

Sen. John Cornyn (R-TX) offered four amendments to the bill which were all defeated on an 8-10 party line vote. His amendments would have made exceptions for those in rural areas; for those who had obtained a protective order; for those who certified they were the victims of domestic violence, sexual assault, dating violence, or stalking; and for those people who were residents in a county or municipality that borders Mexico to protect themselves against the narco-terrorists. I think Cornyn’s intention was to put the Democrats on record as anti-rural, anti-woman, and anti-self defense.

The votes on Jane Kelly to be an Appeals Court judge in the 8th Circuit and on Kenneth Gonzales to be a District Court judge in New Mexico were held over.

 The results of the business meeting as reported are below:

Results of Executive Business Meeting – March 14, 2013
The Senate Judiciary Committee held an executive business meeting to consider pending nominations and legislation on March 14, 2013.

Agenda

I. Nominations

Jane Kelly, to be United States Circuit Judge for the Eighth Circuit
Held Over

Kenneth John Gonzales, to be United States District Judge for the District of New Mexico
Held Over

II. Legislation

S. 150, Assault Weapons Ban of 2013 (Feinstein)
Ordered Reported by Roll Call Vote, 10-8

Amendment ALB13181 (Cornyn)
Failed by Roll Call Vote, 8-10

Amendment OLL13116 (Cornyn)
Failed by Roll Call Vote, 8-10

Amendment OLL13117 (Cornyn)
Failed by Roll Call Vote, 8-10

Amendment OLL13118 (Cornyn)
Failed by Roll Call Vote, 8-10

The webcast of the meeting for anyone with the stomach enough to watch it is here.

UPDATE: According to Politico, the White House is urging swift action on Feinstein’s Assault Weapons Ban of 2013. Press Secretary Jay Carney had this to say:

“Earlier today, the Senate Judiciary committee voted to send the full Senate an important piece of legislation to help keep weapons of war off America’s streets,” Carney said Thursday. “As you know, banning military-style assault weapons and high-capacity magazines is an important piece of the president’s plan to reduce gun violence.

“We urge congress to swiftly vote on and pass this legislation and other common-sense measures like requiring a background check for all gun purchases and cracking down on gun trafficking and straw purchasers. There’s been significant progress this week on these proposals and the president welcomes that. We urge congress to keep it up.”

Frankly every time I hear the words “common sense” out of Jay Carney or President Obama’s mouth, I shudder at the perversion of the English language.

Results Of Today’s Senate Judiciary Committee Meeting



As I said earlier today, the Senate Judiciary Committee was going to resume meeting to discuss three gun related bills and the nomination of Kenneth Gonzales. They have released the results of the meeting and I have posted it below. Gonzales’ nomination was not acted upon nor was Dianne Feinstein’s S. 150. However, both Sen. Chuck Schumer’s S. 374 and Sen. Barbara Boxer’s S. 146 were reported out of committee with amendments.


Results of Executive Business Meeting – March 12, 2013
The Senate Judiciary Committee held a continuation of an executive business meeting to consider pending legislation on March 12, 2013. The Committee was not able to complete action on all pending matters and the meeting recessed subject to the call of the Chair.

Agenda
I. Legislation

S. 374, Protecting Responsible Gun Sellers Act of 2013
Ordered Reported by Roll Call Vote, 10-8

Amendment ALB13180 (Schumer)
Adopted by Unanimous Consent

S. 146, School Safety Enhancements Act of 2013
Ordered Reported by Roll Call Vote 14-4

Amendment OLL13111 (Leahy)
Adopted by Unanimous Consent

Amendment OLL13112 (Grassley)
Withdrawn

 Last week I wrote that I found it strange that Sen. Chuck Schumer’s S. 374 – Protecting Responsible Gun Sellers Act of 2013 – did not have an action component. It merely consisted of findings which were more suited to a Senate Resolution than to actual legislation.

That was then and this is now. The amendment that Schumer made today in committee to S. 374 contains the meat of the bill and it isn’t pretty. Not only does it have universal background checks but it contains a provision that requires gun owners to report stolen weapons within 24 hours to authorities. The bill has also been renamed to the Fix Gun Checks Act of 2013. There is more to the bill and I will have a separate post up about it after I finishing reading the whole thing.

Here is the link to my separate post on the bill.

Senate Judiciary Committee Meets Again

Last Tuesday the Senate Judiciary Committee met to vote on nominees for various judgeships and on a whole host of gun control bills. They ran out of time and only passed out S. 54 which is Sen. Leahy’s bill on “gun trafficking”.

Today they will continue this meeting. US Attorney for New Mexico Kenneth Gonzales will be back on the agenda as the nominee for a District Court judgeship for the District of New Mexico. Also on the agenda are the three gun control bills that they didn’t vote on last week.

As an aside, Chuck Schumer’s S. 374 – Protecting Responsible Gun Sellers Act of 2013 – still doesn’t have an action component to the bill. It still reads more like a resolution than a bill.


CONTINUATION


A continuation of the March 7, 2013 Executive Business Meeting has been scheduled by the Committee on the Judiciary for Tuesday, March 12, 2013 at 10:15 a.m., in Room 226 of the Dirksen Senate Office Building.


By order of the Chairman.


AGENDA


Senate Committee on the Judiciary
Dirksen Senate Office Building, Room 226
March 7, 2013 at 10:00 a.m.


I. Nominations


Kenneth John Gonzales, to be United States District Judge for the District of New Mexico


II. Bills


S.150, Assault Weapons Ban of 2013 (Feinstein)


S.374, Protecting Responsible Gun Sellers Act of 2013 (Schumer)


S.146, School Safety Enhancements Act of 2013 (Boxer)

The Judiciary Committee is also scheduled to meet on Thursday, March 14th, on a similar agenda.

Mixed Results From Today’s Judiciary Committee Meeting

There is both good news and bad news from today’s Senate Judiciary Committee business meeting. The meeting agenda had votes on six nominees for US District Court judgeships and four gun control bills.

First, five out of the six the judicial nominees were passed out of committee on voice votes. However, Kenneth John Gonzales, the US Attorney for New Mexico and a nominee for a District Court judgeship, was held over. This would appear to mean that according to Committee Rules at least one member of the Judiciary Committee requested that the vote on Gonzales be held over until the next committee meeting. As I mentioned yesterday, Gonzales and his office have been pursuing a vendetta against the Reese family of Deming, New Mexico. Check out the Tea Party of Luna County for complete info on the prosecution of the Reeses.

Second, three of the four gun control bills were held over. The bad news is that Chairman Patrick Leahy’s S. 54 – Stop Illegal Trafficking in Firearms Act of 2013 made it out of the committee. It passed on a 11 to 7 vote. Sen. Chuck Grassley (R-IA) was the only Republican to vote for the bill.

Grassley did have an amendment to the bill that would require the Attorney General, Deputy Attorney General, or Assistant Attorney General for the Criminal Division to personally review and approve any “Fast and Furious” type of operation. This amendment was adopted unanimously.

The full results of the business meeting with links to the amendments is below:


The Senate Judiciary Committee held an executive business meeting to consider pending nominations and legislation on March 7, 2013. The Committee was not able to complete action on pending matters and the meeting recessed subject to the call of the Chair.

Agenda

I. Nominations

Sheri Polster Chappell, to be United States District Judge for the Middle District of Florida
Ordered Reported by Voice Vote

Kenneth John Gonzales, to be United States District Judge for the District of New Mexico
Held Over

Michael J. McShane, to be United States District Judge for the District of Oregon
Ordered Reported by Voice Vote

Nitza I. Quinones Alejandro, to be United States District Judge for the Eastern District of Pennsylvania
Ordered Reported by Voice Vote

Luis Felipe Restrepo, to be United States District Judge for the Eastern District of Pennsylvania
Ordered Reported by Voice Vote

Jeffrey L. Schmehl, to be United States District Judge for the Eastern District of Pennsylvania
Ordered Reported by Voice Vote

II. Legislation

S.150, Assault Weapons Ban of 2013 (Feinstein)
Held Over

Amendment ALB13141(Grassley)
As Amended, Adopted by Voice Vote

Second Degree Amendment ALB13196 (Coons)
Adopted by Unanimous Consent

Amendment ALB13190 (Grassley)
Failed by Roll Call Vote, 9-9

Amendment OLL13115 (Cornyn)
Failed by Roll Call Vote, 9-9

S.54, Stop Illegal Trafficking in Firearms Act of 2013 (Leahy)
Ordered Reported by Roll Call Vote, 11-7

Substitute Amendment HEN13250 (Leahy)
Adopted by Unanimous Consent

Amendment ALB13193 (Grassley)
Adopted by Unanimous Consent

S.374, Protecting Responsible Gun Sellers Act of 2013 (Schumer)
Held Over

S.146, School Safety Enhancements Act of 2013 (Boxer)
Held Over

GOA On The Senate Judiciary Bill Mark-Ups

The Gun Owners of America have sent out a notice about the bills that will be voted on in the Senate Judiciary Committee tomorrow. While they mention S. 443, I’m wondering if this bill will be substituted for the S. 54 which is on the agenda. I don’t always agree with GOA but I think are correct about S. 443 being more dangerous than S. 150 which doesn’t have a snowball’s chance in hell of being enacted.


Senate “Deal” Would Impose
Even More Gun Bans
Gifts, gun raffles and multiple sales of guns would be effectively banned

Thursday, the Senate Judiciary Committee will mark up four bills arising out of the Newtown tragedy:

* The Feinstein bill — which would ban millions of shotguns, rifles, handguns and magazines that Americans can legally own — but which will probably die on the Senate floor.

* The universal gun registry — which may also die on the Senate floor — unless a last-minute deal with Sen. Tom Coburn brings it to life.

* Legislation by Barbara Boxer, which throws away $100,000,000 on school safety studies, but doesn’t immediately mention guns.

* And, currently the biggest danger, the Leahy-Gillibrand-Kirk bill, which has ominously been labeled a “gun trafficking” bill.

In regard to this latter piece of legislation (S. 443), the bill is being sold inside the Beltway as a bipartisan “compromise” because anti-gun Senator Mark Kirk (R-IL) is a cosponsor of it.

But S. 443 would dramatically threaten to put gun owners in jail with horrendously long sentences for the most minor of infractions.

Essentially, the bill would impose a 15-year prison sentence for “negligent multiple sales by a dealer,” “negligent gifting” or “negligent raffling.”

Increasingly, there are more and more individuals who are “prohibited persons” for non-violent reasons — for instance, they smoke marijuana or they are military veterans suffering from maladies such as PTSD.

But if S. 443 is passed, any person who sells to such prohibited persons two or more firearms … or gives them a firearm as a gift … or raffles a firearm (where they are the recipient) … does so only at the considerable risk of spending 15 years in a federal penitentiary.

You don’t need to know the person is a prohibited person under either example. Nor does the recipient need to know they’re a prohibited person.

In fact, you don’t need to do anything more than plan (“conspire”) to transfer the gun. In addition, the recipient doesn’t need to be on the NICS list to be a prohibited person.

Not only that, under section 4 of the bill, if you even “intend” to sell a firearm to a person who turns out to be a marijuana smoker — or one of the prohibited military veterans suffering from PTSD — you become a prohibited person yourself.

Go here to read the entire analysis of S. 443.

When all is said and done, this bipartisan “compromise” is as bad as the Feinstein gun ban (S. 150).

ACTION: Click here to demand that your U.S. Senators oppose the Leahy-Gillibrand-Kirk bill (S. 443).

Senate Judiciary Committee Votes On Gun Control Tomorrow



The Senate Judiciary Committee will have an executive business meeting tomorrow morning at 10am. There are a number of items that should be of concern to those concerned with the Second Amendment and gun rights.

The first item on the agenda is a confirmation vote on six nominees for US District judgeships. Of particular concern is Kenneth John Gonzales to be a District Court judge for the District of New Mexico. Gonzales is currently the US Attorney for New Mexico and the man behind the egregious prosecution of the Reese family of Deming, NM on charges of arms smuggling. They have already been found not guilty on 24 out of 28 charges and are seeking dismissal of the other four charges due to prosecutorial misconduct.

National Gun Rights Examiner David Codrea and the Firearms Coalition’s Jeff Knox have been doing yeoman’s work in covering this case since the beginning. Here are a couple of their latest reports. The Tea Party of Luna County (NM) has been on the case since the beginning as well.

Based on the prosecution’s behavior under Gonzales, I and many others feel he is unfit to sit on the bench. David Codrea is urging that people contact Sen. Chuck Grassley R-IA) to make their opposition known.

The other major items on the Judiciary Committee’s agenda are votes on four gun control measures.

II. Bills

S.150, Assault Weapons Ban of 2013 (Feinstein)

S.54, Stop Illegal Trafficking in Firearms Act of 2013 (Leahy)

S.374, Protecting Responsible Gun Sellers Act of 2013 (Schumer)

S.146, School Safety Enhancements Act of 2013 (Boxer)

Given the composition of the committee, I really have no expectation that they won’t pass these measures. The only question is whether any Republican votes for any of these measures.  I would hope not but there is no guarantees. Sebastian has a good post up today about the risk of letting gun controllers have any victory. In my opinion, a party line vote is about the best we can expect in the Senate Judiciary Committee and would count as a win.

It’s time to tell the Republicans on the committee that we expect them to hold the line. Contact info is available here.

Dave Kopel’s Testimony At Senate Judiciary Committee Hearing

Dave Kopel replaced Fordham Prof. Nick Johnson at the Senate Judiciary Committee hearing on gun violence (sic) yesterday. Below is his prepared testimony before the committee. It also includes Dave answering questions from some senators.

While not as dramatic as the “testimony” that former Congresswoman Gabby Giffords gave, it is a lot more instructive on the issue. Unfortunately, the national media will concentrate on the former and ignore this.

Ted Cruz At The Senate Judiciary Committee Hearings

Sen. Ted Cruz (R-TX) is the junior senator from Texas and a member of the Senate Judiciary Committee. In his comments and questions today at the Judiciary Committee’s hearing on gun violence (sic) he brought out that the bill proposed by Sen. Dianne Feinstein (D-CA) is concerned with cosmetics and not functionality. It is a message that most Americans are not getting. I think Cruz is correct when he asserts the average American thinks of full-auto firearms when the term “assault weapon” is used.

Wayne LaPierre’s Prepared Testimony In Today’s Gun Control Hearing

The NRA-ILA has published Wayne LaPierre’s prepared testimony given before the Senate Judiciary Committee today. It was for their hearing on “What Should America Do About Gun Violence (sic)?”


TESTIMONY OF WAYNE LAPIERRE
EXECUTIVE VICE PRESIDENT, NATIONAL RIFLE ASSOCIATION OF AMERICA
BEFORE THE U.S. SENATE COMMITTEE ON THE JUDICIARY
HEARING ON “WHAT SHOULD AMERICA DO ABOUT GUN VIOLENCE?”
216 HART SENATE OFFICE BUILDING
JANUARY 30, 2013

Mr. Chairman and Members of the Committee:

It’s an honor to be here today on behalf of more than 4.5 million moms and dads and sons and daughters, in every state across our nation, who make up the National Rifle Association of America. Those 4.5 million active members are joined by tens of millions of NRA supporters.

And it’s on behalf of those millions of decent, hardworking, law-abiding citizens … to give voice to their concerns … that I’m here today.

The title of today’s hearing is “What should America do about gun violence?”

We believe the answer to that question is to be honest about what works – and what doesn’t work.

Teaching safe and responsible gun ownership works – and the NRA has a long and proud history of teaching it.

Our “Eddie Eagle” children’s safety program has taught over 25 million young children that if they see a gun, they should do four things: “Stop. Don’t touch. Leave the area. Tell an adult.” As a result of this and other private sector programs, fatal firearm accidents are at the lowest levels in more than 100 years.[1]

The NRA has over 80,000 certified instructors who teach our military personnel, law enforcement officers and hundreds of thousands of other American men and women how to safely use firearms. We do more – and spend more – than anyone else on teaching safe and responsible gun ownership.

We joined the nation in sorrow over the tragedy that occurred in Newtown, Connecticut. There is nothing more precious than our children. We have no more sacred duty than to protect our children and keep them safe. That’s why we asked former Congressman and Undersecretary of Homeland Security, Asa Hutchison, to bring in every expert available to develop a model School Shield Program – one that can be individually tailored to make our schools as safe as possible.

It’s time to throw an immediate blanket of security around our children. About a third of our schools have armed security already – because it works.[2] And that number is growing. Right now, state officials, local authorities and school districts in all 50 states are considering their own plans to protect children in their schools.

In addition, we need to enforce the thousands of gun laws that are currently on the books. Prosecuting criminals who misuse firearms works. Unfortunately, we’ve seen a dramatic collapse in federal gun prosecutions in recent years. Overall in 2011, federal weapons prosecutions per capita were down 35 percent from their peak in the previous administration.[3] That means violent felons, gang members and the mentally ill who possess firearms are not being prosecuted. And that’s unacceptable.

And out of more than 76,000 firearms purchases denied by the federal instant check system, only 62 were referred for prosecution and only 44 were actually prosecuted.[4] Proposing more gun control laws – while failing to enforce the thousands we already have – is not a serious solution to reducing crime.

I think we can also agree that our mental health system is broken. We need to look at the full range of mental health issues, from early detection and treatment, to civil commitment laws, to privacy laws that needlessly prevent mental health records from being included in the National Instant Criminal Background Check System.

While we’re ready to participate in a meaningful effort to solve these pressing problems, we must respectfully – but honestly and firmly – disagree with some members of this committee, many in the media, and all of the gun control groups on what will keep our kids and our streets safe.

Law-abiding gun owners will not accept blame for the acts of violent or deranged criminals. Nor do we believe the government should dictate what we can lawfully own and use to protect our families.

As I said earlier, we need to be honest about what works and what does not work. Proposals that would only serve to burden the law-abiding have failed in the past and will fail in the future.

Semi-automatic firearms have been around for over 100 years. They are among the most popular guns made for hunting, target shooting and self-defense. Despite this fact, Congress banned the manufacture and sale of hundreds of semi-automatic firearms and magazines from 1994 to 2004. Independent studies, including a study from the Clinton Justice Department, proved that ban had no impact on lowering crime.[5]

And when it comes to the issue of background checks, let’s be honest – background checks will never be “universal” – because criminals will never submit to them.

But there are things that can be done and we ask you to join with us. The NRA is made up of millions of Americans who support what works … the immediate protection for all – not just some – of our school children; swift, certain prosecution of criminals with guns; and fixing our broken mental health system.

We love our families and our country. We believe in our freedom. We’re the millions of Americans from all walks of life who take responsibility for our own safety and protection as a God-given, fundamental right.

Mr. Chairman and members of the Committee, I thank you for your time and consideration.

[1] Pre-1981 data from National Safety Council, Accident Facts (annual); 1981 forward from Centers for Disease Control and Prevention, available at http://www.cdc.gov/injury/wisqars/fatal_injury_reports.html.

[2] Gary Fields et al., NRA Calls for Arms in School, Wall Street Journal, Dec. 22, 2012, available at http://online.wsj.com/article/SB10001424127887324461604578193364201364432.html.

[3] Calculated from U.S. Department of Justice data available through Transactional Records Access Clearinghouse, http://tracfed.syr.edu.

[4] Ronald J. Frandsen, Enforcement of the Brady Act, 2010: Federal and State Investigations and Prosecutions of Firearm Applicants Denied by a NICS Check in 2010 , available at https://www.ncjrs.gov/pdffiles1/bjs/grants/239272.pdf.

[5] Jeffrey A. Roth & Christopher S. Koper, “Impact Evaluation of the Public Safety and Recreational Firearms Use Protection Act of 1994, (1997), available at http://www.sas.upenn.edu/jerrylee/research/aw_ban.htm.

Bitter’s Live Blog Of The Senate Hearing

I have been occupied with other things today so I haven’t been able to watch the Senate Judiciary Committee hearing on “What Should America Do About Gun Violence?

Fortunately, Bitter at Shall Not Be Questioned has been live blogging this hearing. I suggest going there to read it.

UPDATE: Links for the prepared testimony of the participants in the hearing (other than Wayne LaPierre) are below:

 Mark Kelly

Chief James Johnson

David Kopel

Gayle Trotter