Open Letter From The NRA-ILA To The US Senate

Chris Cox of the NRA’s Institute for Legislative Action released an open letter to the Senate. In it he states that the NRA is “unequivocally opposed” to S. 649. He states that the NRA will oppose any and all attempts to extend background checks, to limit firearms and magazines, or to criminalize private transfers and/or sales. He specifically includes the proposals from Joe Manchin and Pat Toomey issued today.

Dear Senator,

I am writing regarding the National Rifle Association’s position on several firearms-related proposals under consideration in the Senate.

S. 649, the “Safe Communities, Safe Schools Act of 2013”, introduced on March 21, contains a number of provisions that would unfairly infringe upon the Second Amendment rights of law-abiding gun owners. This legislation would criminalize the private transfer of firearms by honest citizens, requiring friends, neighbors and many family members to get government permission to exercise a fundamental right or face prosecution. The NRA is unequivocally opposed to S. 649.

In addition, the NRA will oppose any amendments offered to S. 649 that restrict fundamental Second Amendment freedoms; including, but not limited to, proposals that would ban commonly and lawfully owned firearms and magazines or criminalize the private transfer of firearms through an expansion of background checks. This includes the misguided “compromise” proposal drafted by Senators Joe Manchin, Pat Toomey and Chuck Schumer. As we have noted previously, expanding background checks, at gun shows or elsewhere, will not reduce violent crime or keep our kids safe in their schools. Given the importance of these issues, votes on all anti-gun amendments or proposals will be considered in NRA’s future candidate evaluations.

Rather than focus its efforts on restricting the rights of America’s 100 million law-abiding gun owners, there are things Congress can do to fix our broken mental health system; increase prosecutions of violent criminals; and make our schools safer. During consideration of S. 649, should one or more amendments be offered that adequately address these important issues while protecting the fundamental rights of law-abiding gun owners, the NRA will offer our enthusiastic support and consider those votes in our future candidate evaluations as well.

We hope the Senate will replace the current provisions of S. 649 with language that is properly focused on addressing mental health inadequacies; prosecuting violent criminals; and keeping our kids safe in their schools. Should it fail to do so, the NRA will make an exception to our standard policy of not “scoring” procedural votes and strongly oppose a cloture motion to move to final passage of S. 649.

Should you have any questions on these issues, please do not hesitate to contact me at (202) 651-2560.

Sincerely,

Chris W. Cox

CCRKBA Calls For Background Checks …. On Poiliticians



The Citizens Committee for the Right to Keep and Bear Arms has weighed in on universal background checks. Given the higher incidence of crime by mayors associated with MAIG than that of lawful gun owners, Alan Gottlieb makes the suggestion that we should be doing background checks on politicians instead of gun owners.


BELLEVUE, WA – “If politicians want universal background checks, we should start with them,” said Alan Gottlieb, chairman of the Citizens Committee for the Right to Keep and Bear Arms.

He pointed to recent political scandals in the New York Legislature, which just passed a new restrictive gun control law, where a state senator and state assemblyman were arrested last week, as “one small example.”

“But look at politics in recent years,” Gottlieb observed. “From state and federal scandals, to arrests involving several members of Mayors Against Illegal Guns, we have had example after embarrassing example of public officials being charged with violating various laws. Does anyone think former Congressman Anthony Weiner, who had to quit his post over a lewd e-mail scandal, should clear a mental health screening to buy a gun?

“If you compare percentages,” he continued, “the rate of criminal activity by politicians is probably far higher than the rate of crimes committed by the general public.

“What this underscores,” he said, “is the reason gun laws don’t work and never will. People who make the laws we have to live under break them anyway, just like criminals routinely disobey gun laws. Based on their own experience, politicians should know that the gun laws they pass will not prevent crime.”

Gottlieb pointed to crooks like former Louisiana Congressman Bill Jefferson, sent to prison after authorities found $90,000 in his freezer during an investigation. He cited former Detroit Mayor Kwame Kilpatrick, now in prison for racketeering and extortion.

“It is both sad and disgraceful that the list goes on and on,” Gottlieb said. “There are politicians with domestic violence problems, others who accepted bribes, some who stole money or were involved in other criminal acts.

“No wonder citizens are disgusted with politicians and don’t trust them,” he concluded, adding tongue-in-cheek, “And these people want to know why there’s a run on guns and ammunition?”

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

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.

Sen. Jeff Flake – “A Bridge Too Far”

Sen. Jeff Flake (R-AZ) was a guest on NBC’s Meet The Press along with the odious Sen. Chuck Schumer (D-NY). Among the questions they discussed with Chuck Todd of NBC was gun control. Schumer gave the usual answers but as you can see in the video below, Flake called universal background checks “a bridge too far”.

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Sen. Flake is one of the senators that is being targeted by Mayor Bloomberg’s Illegal Mayors in their $12 million ad campaign. MAIG was out front about hoping to influence Flake’s vote on gun control issues. That he has come out saying that universal background checks are a no-go for him is good news.

He is one of the co-sponsor’s of S. 480 – NICS Reporting Improvement Act of 2013. This bill aims to clarify the mental health exclusions to firearms ownership.

The Revised S. 374 – Fix Gun Checks Act of 2013

Today in the Senate Judiciary Committee business meeting, Sen. Charles Schumer (D-NY) submitted a substitute amendment for S. 374. This substitute not only changed the name of the bill from the Protecting Responsible Gun Owners Act of 2013 to the Fix Gun Checks Act of 2013 but it also provided that action component that had been missing from the earlier version.

Title I of the bill deals with records submission by the states to the Federal government for purposes of integrating that information into the National Instant Criminal Background Check System. This section provides a carrot and stick approach to getting the states to submit data. It provides for a $100 million appropriation for grants to the states to improve their databases and to help them submit the necessary data to the FBI for NICS check. Up to 10% of this money could be used for a relief from disabilities program. That is, a program to report those to whom firearm rights are restored. I must say this would be a change coming from Chuck Schumer who has stymied the relief from firearms disabilities for years.

The improved data that the bill concerns would be the court records of  those convicted of a felony and those under either a court order or convicted of a misdemeanor crime of domestic violence as well as the mental health adjudications that would cause the loss of firearms rights. The stick component that goes with the grants from Attorney General would be a reduction in monies from the grants under Section 505 of the Omnibus Crime Control and Safe Streets Act of 1968. The states would have two years to bring the records submitted to the 50% or greater level or lose 3% of the Federal monies. It goes up to a 4% reduction after three years if the state didn’t submit at least 70% of the required records. Finally, after the third year there would be a mandatory 5% reduction for any state at less than 90% compliance.

All in all, I can’t argue too much about the intent of Title 1. It is in the interest of everyone to have the records at state level be as accurate as possible and it is also in the interest of everyone that the records in the NICS check system be accurate.

Title II of the S. 374 is a gun controller’s wet dream.

First, Section 202 makes it illegal for a firearm transfer to be made between unlicensed persons. It would required a licensed importer, manufacturer, or dealer to first take possession of it, enter it in their bound book, perform a NICS check, fill out a Form 4473, and then and only then, complete the transfer.

The exceptions include:

  • Bona fide gifts between spouses
  • Bona fide gifts between parents and children
  • Bona fide gifts between siblings
  • Bona fide gifts between grandparents and grandchildren
  • Transfers made from a decedent’s estate by will or operation of law
  • Temporary transfer between unlicensed persons if
    • It occurs in the home or curtilage (adjacent property) of the transferor
    • The firearm is not removed from the home
    • And the duration is less than 7 days.
  • Temporary transfers in connection with lawful hunting or sporting purposes
    • At a range if kept within the premises of the range at all times
    • At a “target firearm shooting competition” under the auspices of a State agency or non-profit organization and the firearm is kept within the premise of the shooting competition.
    • If while hunting to a person with the requisite hunting license during a designated season for a legal game animal.

Section 202 would set a maximum fee for doing the paperwork. It would also require the Form 4473 be kept by the FFL doing the transfer.

The penalty for violating this section is not at all clear. However, it seems to fall upon the FFL who would be liable for a $5,000 civil fine and an up to six months suspension of his or her license. (If you can find another penalty for violating Section 202, please let me know.) Sec. 202 become 18 USC 922 (s) which under 18 USC 924 (D)(5) stipulates a year’s imprisonment and a unspecified fine.

Section 203 is equally egregious. It mandates the reporting of lost or stolen firearms within 24 hours of discovery to the “Attorney General and to the appropriate authorities.” More importantly, the penalty for knowingly violating this provision is 5 years imprisonment!

If passed, the law goes into effect in 180 days from passage. So far, it has passed out of the Judiciary Committee on a 10-8 party-line vote.

While the gun prohibitionists would like to have bans on standard capacity magazines and semi-automatic firearms with ugly cosmetics, universal background checks is what they really want because the only way to make enforcement of them possible is a national firearms and firearm owners database. As Andy Grove, the former CEO of Intel Corporation, famously said, only the paranoid survive.

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.

Supporting A Bill That Would Not Have Changed Things

Mark Kelly, the husband of former Congresswoman Gabby Gifford (D-AZ) and co-founder of American for Responsible Solutions, has jumped on the gun control bandwagon with both feet. Tomrrow, he will be testifying in favor of Colorado HB 1229 which would mandate background checks for all firearms sales in that state.

The news comes from Fox 31 Denver. They were alerted to it from an email put out by Ceasefire Colorado.

The group Ceasefire Colorado, in an email Sunday alerting supporters to join Kelly and Maisich at the Capitol Monday, is explicit about the high stakes of Monday’s hearing — and the potential impact of Colorado lawmakers on the national gun control debate.

“We are done with gun lobby bullies writing our laws, and we are committed to lead the way to a new perspective on responsible gun ownership,” the email states.

Maisich is Patricia Maisich who was one of the people who tackled the gunman* in Tucson and who has now become an advocate for gun control.

While Kelly will be testifying in support of the bill to expand background checks it should be noted that the gunman in Tucson passed the FBI-run NICS check when he purchased his Glock 19. Presumably, the gunman would still have passed a NICS check for a private sale.

*While many news outlets have no hesitation in publishing the names of the shooters in mass shootings, I chose not to do so. I remember their actions but I refuse to give them the publicity that they sought by their actions.

An Impertinent Question In The Wake Of The Call For Universal Checks

I suppose it is impertinent to ask why we need universal background checks when the Obama Administration won’t even prosecute cases involving straw purchases. The correct answer is that we don’t. These laws, if passed, will become another of what Michael Bane calls “flypaper laws”. That is, laws that make it difficult not to violate the law.

Fox New’s William LaJeunesse, who did superb reporting of Project Gunwalker, now turns his attention to the lack of enforcement of the law against straw purchases. In 2010, only 62 people were prosecuted for it and only 13 were convicted or pled guilty. This lack of prosecutions led Rep. Bob Goodlatte (R-VA), Chairman of the House Judiciary Committee, and the Republican members of that committee to send a letter last week to President Obama and Attorney General Eric Holder asking why they weren’t bringing prosecutions for violation of the existing law.

You can see the video of LaJeunesse’s report here.

Sen. Kay Hagan Goes Wobbly On Background Checks

Sen. Kay Hagan (D-NC) was interviewed by Chris Fitzsimon of NC Policy Watch on a number of issues. Among the issues was gun control and where she stood on President Obama’s proposals. NC Policy Watch is a project of the NC Justice Center which is a self-described “progressive” organization.

In her comments in the interview with Fitzsimon, Hagan appears to commit to supporting universal background checks without actually committing to them. In other words, she’s trying to play both sides of the debate. Her comments on gun control begin near the 5:30 mark and run for about a minute. It should be noted that Hagan is one of the most at-risk Democrat incumbents in the Senate.

Grass Roots North Carolina has called her out on her statements and issued an alert asking constituents to email and/or write Hagan.


Demonstrating poor judgment characteristic of an anti-freedom politician who earned only a GRNC 1-star evaluation, Senator Kay Hagan recently gave a radio interview with left-wing activist, Chris Fitzsimon, Director of NC Policy Watch, a “progressive” policy organization.

During this ranging interview, which turns to gun control at about six minutes, Hagan made clear her support of expanded background checks that are a key part of the Obama/Biden/Feinstein gun ban. Hagan claims such checks represent a “positive move” toward keeping “guns out of criminals’ hands”.

What “universal background checks” actually are is a mechanism for gun registration, the necessary prelude to confiscation. Usefulness of such checks in stopping crime is vanishingly rare. According to economist and social scientist John Lott, Jr., purchases prevented by the current NICS system are almost always false-positives, serving only to harass and hinder the law-abiding.

Sen. Hagan clearly needs to be reminded that NC gun owners will tolerate NO COMPROMISE with Obama’s gun ban.

IMMEDIATE ACTION REQUIRED!

Call AND email Sen. Hagan: Tell her background checks only harass the law-abiding, and NO COMPROMISE is acceptable.

CONTACT INFO

Call Hagan’s Office: 202-224-6342

Email Hagan: Use her webform: http://www.hagan.senate.gov/contact/

DELIVER THIS MESSAGE

Suggested Subject: “No Compromise on Private Sales!”

Dear Senator Hagan:

You recently informed liberal activist Chris Fitzsimon that you believe “universal background checks” will effectively keep guns out of the wrong hands.

You should be aware that we already have an extensive background check system, “National Instant Background Check System” (NICS), which almost never results in identifying criminals attempting to purchase guns. Almost all NICS denials are false-positives and only serve to inconvenience and infringe on the rights of law-abiding gun owners.

Proposed expansion of background checks is nothing more than another “feel good” measure that will do nothing to prevent the type of violent crime perpetrated within “Gun Free Zones” that have been created by gun control extremists like Fitzsimon.

As my Senator you need to understand that NC gun owners and I will not tolerate any compromise on or cooperation with Obama’s misguided gun-ban agenda. I will be monitoring your actions via Grass Roots North Carolina legislative alerts.

Respectfully,