Category: Politics

BILL WOULD UP NFA TAX 50% AS FEDS STUDY TURNING PISTOLS TO SBRS

The very day that the Biden-Harris Administration moved to establish a rule reclassifying millions of braced pistols under the NFA, a Democrat lawmaker introduced a bill to bump their costs.

On April 8, U.S. Rep. Jamie Raskin, D-Md., announced two new gun control proposals, H.R. 2426 and H.R. 2427. The former deals with making it illegal to give a firearm to someone who has had their state license to possess or purchase firearms revoked. The latter is termed the National Firearms Act Modernization Act and aims to increase the tax rates on NFA-regulated items such as machine guns, short-barreled rifles and shotguns, and suppressors.

Noting that the tax amounts in the NFA, established in 1934, have not changed since enacted– for instance, $200 in 1934 would be the equivalent of $3,925 in 2021– Raskin’s proposal would immediately bump the rates by 50 percent. This would make the basic $200 tax stamps on most NFA transfers $300 moving forward. After that, the rate would increase in line annually with the federal cost-of-living adjustment.

At the same time that Raskin’s tax spike scheme was being unveiled, President Biden was announcing he would order the Justice Department to issue a proposed rule within 60 days, “to make clear when a device marketed as a stabilizing brace effectively turns a pistol into a short-barreled rifle subject to the requirements of the National Firearms Act.”

With an estimated 10 to 40 million stabilizing braces and similar components in the hands of otherwise law-abiding gun owners, Raskin’s move could theoretically see a fantastic $8 billion gleaned from the wallets of compliant Americans for items they already legally own. The lawmaker, whose chief claim to fame since joining Congress in 2017 was to serve as the lead impeachment manager for the second impeachment of President Donald Trump, signaled knowledge of the Biden plan when he debuted his NFA tax increase proposal.

“I applaud President Biden and Vice President Harris for announcing strong executive action to address the gun violence public health epidemic,” said Raskin in a release from his office.

Raskin’s bill has been referred to the Democratic-controlled House Committee on the Judiciary, where he sits as a member.

Biden’s planned gun control actions do not pass muster

On Thursday, in a Rose Garden statement, Biden announced that he’s going to take myriad executive actions, all purporting to save Americans from gun violence. In fact, as is almost invariably true for leftists, just about everything he said was a lie, including “and” and “the.” In an epic segment on his show, Tucker Carlson reveals that the truth behind Biden’s lies is that he will disarm law-abiding Americans who oppose his political agenda. The purpose of this post is to show that, as a purely legal matter, he lacks the authority to carry out any of his threats.

The Second Amendment states simply:

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms shall not be infringed.

The Supreme Court, in 2008’s District of Columbia v. Heller, gives a masterful disquisition about the law and history behind the Second Amendment’s language. Suffice to say that we are all the militia and that the government has only the most limited power to interfere with our right to keep and bear arms. Rifles, even if they have cool attachments, are still “arms.”

While there are rights as fundamental as the Second Amendment – namely the other enumerated rights in the Bill of Rights – there are no rights that are more fundamental. Indeed, the Second Amendment is unique in have an entire amendment dedicated to it. The others are portmanteau amendments that gather several related doctrines under a single heading.

At this point, it’s important to point out that the Bill of Rights is not a set of liberties that the government graciously grants to the People. (I have capitalized “People” in this context because I’m using it in its constitutional sense of “We the People.”) If the government gives something to the People, it’s merely a privilege. When it comes to privileges, the government can dole them out and take them away again.

By contrast, the People have “unalienable rights” because they came from the Creator – that is, whether you’re religious or not, they came from a source greater than government.

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Kansas: House Concurs on Senate Amendments to Pro-Gun Bills, Sending them to the Governor

Two bills sprinted through the legislative finish line yesterday as the Senate passed two pro-gun measures which were subsequently approved by the House.  Omnibus legislation, House Bill 2058, and Eddie Eagle Gun Safety legislation, House Bill 2089, now head to the desk of Governor Laura Kelly for her signature.

Proposed by Kansas Attorney General Derek Schmidt, House Bill 2058 does the following:

• Recognizes all out-of-state concealed carry permits, and allows those who have been licensed to carry a firearm for self-defense, to do so lawfully in Kansas.  This legislation recognizes that visitors to Kansas should not be left defenseless simply by crossing a state line.
• Allows individuals who are 18 to 20 years of age to apply for a Kansas concealed carry permit.
• Authorizes the Attorney General to issue an alternative license to carry a concealed handgun to qualified applicants during a declared state of disaster emergency.
• Creates a Restoration of Rights process for individuals to reestablish the Second Amendment right to possess a firearm upon expungement of certain convictions.

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Substitute House Bill 2089 directs the state Board of Education to establish grade-appropriate curricula guidelines to teach firearm safety to K-12 students, based on NRA’s Eddie Eagle GunSafe® program, and/or the Kansas Department of Wildlife, Parks & Tourism’s existing Hunter Education In Our Schools. Individual school district boards are to have the choice whether they wish to provide gun safety education under these standards. This gives the flexibility to school boards and parents to decide what gun safety education is appropriate for their communities and school children. Developing these standards by drawing from proven, existing programs, results in cost savings for the taxpayers.

South Carolina: House Passes Constitutional Carry

[Thursday], the House voted to pass House Bill 3096 on third reading. It has been sent to the Senate for further consideration.

House Bill 3096 allows a law-abiding adult to carry a handgun without first having to obtain government permission. This ensures that citizens have the right to self-defense without government red tape or delays. Additionally, this legislation maintains the existing Concealed Weapon Permit (CWP) system, so citizens who still wish to obtain a permit may do so. Currently, 20 other states have constitutional/permitless carry.

WH Cagey About Prospects for Gun Sales Background Checks

White House press secretary Jen Psaki on Thursday finessed a vexing question about the congressional logjam over a hot-button gun control issue: federal background checks for firearms purchases.

In the wake of President Joe Biden’s announcement of several executive actions aimed at curtailing gun violence, Psaki was asked if the White House believes Congress will actually pass two bills expanding checks.

“The president is going to lead the analysis of what is viable and doable to all of you,” she said, the Daily Caller reported.

“He is not vote counting himself,” she said. “He is also clear about challenges in moving forward with legislation that the Senate. He will continue to advocate for that just as he did today, this morning in the Rose Garden surrounded by some of the bravest and most courageous advocates for gun control, gun safety legislation in the country. He also is not going to wait.”

When pressed on how that communication between Biden and a divided Congress would go, Psaki replied: “I certainly would anticipate the president will arrange conversations with members of Congress.”

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BLUF:
The problem is: Straight partisan victories will be nearly impossible in the Senate as long as the filibuster is in force for non-taxing-and-spending legislation – like new gun laws.

The filibuster is supposed to encourage bipartisanship – but given the new hyper-partisan reality, what it really encourages is gridlock.

Applause, because when Congress is in session, no one is really safe.

The political calculus on the gun issue has changed

President Biden will find it difficult – if not impossible – to get bipartisan support in Congress for new gun control measures, like a new assault weapons ban, which passed with bipartisan support in 1994 and expired ten years later.

Most gun control measures get broad public support, including requiring background checks for private and gun show sales (83 percent in a 2019 poll), a ban on the sale of high-capacity ammunition magazines (61 percent) and a ban on the sale of semi-automatic weapons (57 percent). But what matters politically is intensity of support. Getting gun laws through Congress has always been difficult because of single-issue voting by gun rights supporters.

The gun issue drives their votes; for most other voters, it doesn’t.

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Texas House Committee Reports Out Four Pro-Second Amendment Measures

Dear Texas NRA Member:

On Thursday, by a 6-3 vote, the Texas House Committee on Homeland Security & Public Safety voted out House Bill 1911, by Rep. James White (R-Woodville), and House Bill 1927, by Rep. Matt Schaefer (R-Tyler), NRA-backed permitless carry proposals that would allow law-abiding citizens to carry a handgun without a state-issued License To Carry (LTC).  It’s time for Texas to join the 20 other states that have legalized this personal protection option!

The existing LTC law would not be repealed under these measures.  Criminals who are prohibited from possessing firearms (i.e., felons, fugitives from justice, individuals committed by the courts for mental illness, domestic abusers) would still be barred from carrying guns.  This legislation would not prevent the enforcement of any laws broken by criminals who misuse firearms.  These measures now move to the House Calendars Committee, which will determine if, and when, each measure is considered by the full House.  Please contact your State Representatives and urge them to PASS PERMITLESS CARRY THIS SESSION!

Yesterday, the committee also voted out two additional bills:  House Bill 918, by Rep. Ben Leman (R-Iola), which lowers the age eligibility requirement for a License To Carry to 18 for, and extends this self-defense option to, a person who has obtained an active family violence protective order or magistrate’s order of emergency protection; and, House Bill 1407, by Rep. Schaefer (R-Tyler), which allows a LTC holder to have a handgun in his or her vehicle that is visible and in a holster but not on the person – an important clarification, and an extension of legal, safe and practical carry options in one’s car or truck.  These measures also head to the Calendars Committee, which will consider whether or not they will receive a House floor vote.

When even the hard core anti-gun demoncraps acknowledge it;
“It’s Dead Jim”

Chris Murphy: Unlikely to Get 60 Votes on Universal Background Checks

During a March 28, 2021, interview on NBC’s Meet the Press, Sen. Chris Murphy (D-CT) admitted that Democrats probably cannot round up 60 votes for the universal background check legislation contained in H.R. 8.

Host Chuck Todd pointed out that Sens. Joe Manchin (D-WV) and Jon Tester (D-MT) have both made clear they do not support H.R. 8.

Todd suggested that Manchin and Tester believe the bill is “too broad” as written.

He then asked Murphy if there is any chance of getting the 60 votes for the bill that Democrats need in order to secure passage.

Murphy responded, “I think it’s unlikely that H.R. 8, as it’s written today, can get 60 votes, but I don’t think it has to change very much in order to get the sufficient number of votes.”

Earlier in the interview, Murphy said, “Don’t count us out.” He added, “I’ve gotten a lot of calls from Republicans in the Senate who don’t want to fight this fight any longer because the NRA’s authority is fading; the anti-gun violence movement’s impact is increasing. I think we have a chance.”

On Sunday, Breitbart News reported that the NRA has witnessed a surge in membership that continued in January 2021 and continues even now.

The NRA’s Andrew Arulanandam noted that the civil rights organization is “gaining 1,000 new members a day” just from people signing up via the Internet.

Democrats Face Gun Legislation Dilemma as Support for House Background Check Bill Breaks Down.

Senate Democrats punted on taking up House gun-control bills on Friday, acknowledging that the restrictions put forward by House Speaker Nancy Pelosi (D., Calif.) were “dead on arrival,” according to senior Senate aides.

Facing pressure from gun-control activists and Democratic elected officials alike, Senate Majority Leader Chuck Schumer (D., N.Y.) told colleagues on Thursday he would bring background check legislation to the floor shortly after the Senate returns for business on April 12.  But with Sens. Joe Manchin (D., W.Va.), Jon Tester (D., Mont.), and Susan Collins (R., Maine) publicly stating their opposition to House-passed background check bill H.R. 8, Democrats must find a viable replacement. The political environment makes that a nearly impossible task, according to multiple Senate aides. 

A senior Republican aide said H.R. 8’s requirement that licensed gun dealers perform background checks nearly every time someone sells or even lends a gun to another person is a non-starter. 

“H.R. 8 is just dead on arrival,” a senior Republican staffer said. “Period. It doesn’t have the votes. Not only does it not have the votes quietly it doesn’t have the votes loudly because Manchin and Toomey are out there opposing it.” 

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Wyoming: Permitless Carry Strengthening Legislation Passed out of Senate Committee

Yesterday, the Wyoming Senate Judiciary Committee unanimously passed legislation that enhances Wyoming’s Permitless Carry laws, House Bill 116.  The measure now heads to the Senate floor for further consideration.

House Bill 116 expands Wyoming’s permitless carry law, which has been in effect since 2011, to all law-abiding adults, not just Wyoming residents who have resided in the state for at least six months. This ensures that visitors and new residents have their right to self-defense without government red tape or delays.

Constitutional Carry Bill Clears Iowa Legislature, Heads To Governor

DES MOINES, Iowa — A bill relaxing Iowa’s gun laws is heading to Gov. Kim Reynolds’ desk following a 31-17 vote Monday in the Senate.

The Republican-backed bill House File 756 would no longer require Iowans to have a permit to buy or carry a handgun, making them optional.

The bill passed the House last week.

“The right to keep or bear arms is a fundamental right,” Rep. Steven Holt, R-Denison said. “So a lot of our citizens feel they should not have to pay a fifty-dollar fee to [the] government a permission slip basically, a permit.”……

Democrats Are Willing To Rein In Their Gun Control Ambitions To Break The NRA’s Hold On Congress

WASHINGTON — Senate Democrats have told BuzzFeed News they are considering curtailing their ambitions on gun reform and pushing a narrower piece of legislation that can actually pass, rather than sweeping reforms that would likely be doomed.

The party winning both chambers of Congress plus the White House may have raised hopes for long-sought gun control measures, such as a ban on assault rifles. But Democrats are instead starting to look at smaller measures that can win bipartisan support and break the National Rifle Association’s strong influence over Congress.

With the Senate split 50–50, any gun control measure needs at least 10 Republican votes to overcome a filibuster. The shooting rampage in Atlanta that left eight people dead this week has not softened Republican resistance to any new laws that broadly restrict access to firearms. In interviews with BuzzFeed News, a half dozen Republican senators expressed opposition to universal background checks and said that policy would likely be dead on arrival in the Senate.

That leaves Democrats with a choice between lowering their aims or fighting for an extensive bill and risking coming away with nothing. There does not appear to be much appetite for the latter path.

“Do you try and move a comprehensive gun bill that will go nowhere?” said Delaware Sen. Chris Coons. “Or do you take a small bill, pass it, then a medium-sized bill and pass it?”

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