Category: Government

Kansas Will No Longer Allow Residents To Change Gender On Birth Certificates.

Kansas will no longer allow people to change the gender on their birth certificate after Republicans passed a law enshrining the biological definition of woman into law.

The state’s health department was compelled to follow the law after Kansas Attorney General Kris Kobach sued to stop state agencies from allowing people who say they are transgender to be able to change the gender on public documents.

After a legal back and forth, Kobach won in court, and the Kansas Department of Health and Environment said on Friday that it could “no longer process gender identity amendments to birth certificates.”

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Observation O’ The Day
Providers are moving very quickly from denying they ever did these kinds of things to sounding resentful that they’re no longer allowed to.
-Stephen Green

St Louis Children’s Hospital will no longer perform sex changes on minors.

The Washington University Transgender Center at Saint Louis Children’s Hospital will no longer prescribe puberty blockers or sex hormones to minors for purposes of gender transition, as a result of a new law in Missouri.

In a letter to staff obtained by The Post Millennial, Dr. David H Perlmutter, the executive vice chancellor for medical affairs of Washington University’s School of Medicine told staff at the center that following a review, “We have now reached a point where we can no longer continue to operate the center in the same way.”

He specifically cited “Missouri’s newly enacted law regarding transgender care” that has “created a new legal claim for patients who receive these medications as minors. This legal claim creates unsustainable liability for healthcare professionals and makes it untenable for us to continue to provide comprehensive transgender care for minor patients without subjecting the university and our providers to an unacceptable level of liability.”

“For this reason, we have made the difficult decision to no longer allow Washington University physicians to prescribe puberty blockers or cross-sex hormones to minors for purposes of gender transition.”

Pearlmutter did note that the transgender center “…will continue to offer other services including education and mental health support for all patients and medical care for patients over the age of 18.”

Earlier this year, the Republican-controlled Missouri legislature passed two bills, one which banned sex changes for minors and prohibited biological men from competing in women’s sports.

The legislation was signed into law by Republican Gov. Mike Parson and bans giving minors puberty blockers, hormones, and sex change surgery. It also blocks prisoners and inmates from receiving surgical sex changes. Additionally, the bill prevents Medicaid from covering the cost of these surgeries in the entire state.

In April, Missouri Attorney General Andrew Bailey signed an emergency order placing restrictions on experimental sex changes following an investigation into the whistleblower accusations of malpractice at the center.

Group sues after New Mexico governor suspends right to carry guns in Albuquerque in public

Seems everyone else concerned know the goobernor stepped in it.
The most salient part of the article is this ⇓.

Bernalillo County District Attorney Sam Bregman, who once served as a Democratic party leader and was appointed by Lujan Grisham, on Saturday joined Albuquerque Mayor Tim Keller and Police Chief Harold Medina saying they wouldn’t enforce the order.

“As an officer of the court, I cannot and will not enforce something that is clearly unconstitutional,” said Bregman, the top prosecutor in the Albuquerque area. “This office will continue to focus on criminals of any age that use guns in the commission of a crime.”

Bernalillo County Sheriff John Allen said he was uneasy about how gun owners might respond.

“I am wary of placing my deputies in positions that could lead to civil liability conflicts,” Allen said, “as well as the potential risks posed by prohibiting law-abiding citizens from their constitutional right to self-defense.”

Now in Effect: Texas Second Amendment Financial Privacy Act

AUSTIN, Texas (Sept. 1, 2023) – Today a Texas law goes into effect that prohibits financial institutions operating in the state from requiring a credit card merchant code to track the purchases of firearms and ammunition.

Rep. Matt Schaefer and Rep. Candy Noble introduced House Bill 2837 (HB2837) on Feb. 24. Titled the Second Amendment Financial Privacy Act, the law prohibits a financial institution operating in Texas from requiring or assigning a firearms code, which is defined as “any merchant category code approved by the International Organization for Standardization for a firearms retailer, including Merchant Category Code 5723.”

The law now limits the merchant codes that can be assigned to the sale of firearms, firearm accessories, and ammunition.

“For the purposes of the sale of firearms, ammunition for use in firearms, and firearms accessories, a firearms retailer may provide a firearms code to a payment card issuer or payment card network and may only use or be assigned a merchant category code for general merchandise retailers or sporting goods retailers. Any agreement or contractual provision to the contrary is void.

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Saturday is Constitutional Carry Day in Nebraska!

On Saturday, September 2nd, constitutional carry and statewide preemption laws will take effect in Nebraska. Thanks to the significant victories from this year’s legislative session, law-abiding citizens can exercise their Second Amendment right to carry firearms for self-defense without unnecessary government interference and can exercise their rights freely across the state without having to navigate a patchwork of local gun control ordinances.

The NRA is grateful to Senator Tom Brewer for championing this legislation and all the Nebraska state legislators who fought for these laws to pass. We also thank all of our members and other Second Amendment advocates whose vigilance made this victory possible.

We encourage you to stay engaged, support pro-Second Amendment candidates, and be prepared to defend our rights whenever necessary. Together, we can continue making strides in protecting our cherished heritage and ensuring that future generations enjoy the freedoms bestowed upon us by our Founding Fathers.

Montana leads 18 states in court to strike down Maryland ‘buffer zones’ gun law

EXCLUSIVE — Montana Attorney General Austin Knudsen (R-MT) filed an amicus brief in a lawsuit over a Maryland county law he says is defying the Supreme Court’s landmark Second Amendment test by establishing “unconstitutional” gun-free buffer zones.

A group of 18 attorneys general led by Knudsen filed the brief Monday at the Virginia-based U.S. Court of Appeals for the 4th Circuit, asking the court to side with plaintiffs who say it is “practically impossible” to carry a gun for personal defense in Maryland’s most populous county, Montgomery County, due to a restrictive gun control law passed in late November.

When asked why Montana sought to intervene over a Maryland county law, Knudsen told the Washington Examiner that the Second Amendment is one of his “personal passion issues.”

“I’m a hunter. I’m a reloader. I’m a competitive shooter. I’m a bit of a gun nut — so I keep a pretty close eye on these things,” Knudsen said. “And I firmly believe that as some of these states go, if left unchallenged, we’ll see this kind of nonsense regulation and, frankly, unconstitutional laws being attempted in other places, not just in Maryland.”

Montana’s assistant solicitor general wrote in the brief first provided to the Washington Examiner that Section 57 of Montgomery County Code “prohibits the sale, transfer, or possession of firearms ‘[i]n or within 100 yards of a place of public assembly.'”

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among others, the mayors of Kansas City and St Lousy are also in for a rude awakening, or so the Missouri Attorney General has said.

OHIO COURT, PHILADELPHIA SUBURBS SHOW IMPORTANCE OF PREEMPTION LAWS

Neighboring states of Ohio and Pennsylvania are offering lessons in real time of what happens when gun control politicians ignore laws and create barriers for the firearm industry. Gun control politicians, acting on behalf of gun control activists, create havoc and disarray when they foist their own restrictive gun control policies that aren’t in step with state law.

Ohio’s Tenth District Court of Appeals overturned a lower court’s decision to grant an injunction that allowed the City of Columbus to enact their own gun control laws. The appeals court found that Columbus’ attempt to block the state from enforcing uniform laws for firearms was incorrectly granted, since it was sought years after the challenge and after Columbus enacted their own ordinances that barred standard capacity magazines and firearm storage mandates.

Ohio is one of 42 states that have what is called a “preemption” law. That means authority to enact laws that regulate firearms resides with the state legislature and not local municipalities. Those laws protect from cities and towns creating a patchwork of gun control laws that would ensnare state citizens traveling throughout the state.

“The court’s ruling assures that all Ohioans must abide by the same law, state law, when it comes to firearms,” said Ohio’s Attorney General Dave Yost in a press release following the court’s ruling. “Just like we argued in court, firearms owners statewide should have to follow the same rules.”

When It’s Gun Control, Though…
It’s a law gun control advocates ignore when it is convenient. When it comes to enforcing overreaching gun control laws, gun control politicians demand strict adherence and strict enforcement.

Oregon passed their Measure 114 that outlaws standard capacity magazines and requires police to maintain an electronic, searchable firearm permit database, provide additional hands-on firearm training and fingerprint applicants for firearm purchase permits, at least five county sheriffs said they wouldn’t enforce the gun control law, calling it a violation of Second Amendment rights. NSSF is challenging that law in federal court.

Oregon’s Attorney General Ellen Rosenblum had previous dust-ups over Second Amendment issue with county sheriffs and cited a state law requiring them to arrest and imprison “all persons who break the peace, or attempt to break it, and all persons guilty of public offenses.”

“Thus, a sheriff and deputies have a statutory duty to enforce state criminal laws,” AG Rosenblum wrote in a petition of earlier clashes with sheriffs over Second Amendment concerns.

New Mexico’s Gov. Michelle Lujan Grisham clashed with sheriffs in her state in 2020 over “red flag” laws. The head of New Mexico Sheriffs’ Association, Tony Mace, wrote that the law didn’t take Due Process rights into consideration and some sheriffs said they wouldn’t enforce it. Gov. Grisham said sheriffs had no discretion in the matter.

“They cannot not enforce,” she said, according to a CNN report. “And if they really intend to do that, they should resign as a law enforcement officer and leader in that community.”

Zoned Out
The conflict over “home rule” and “self-determination” when it comes to passing a patchwork of gun control laws is playing out now in Lower Merion Township, a suburb of Philadelphia. NPR reported that the town passed a zoning ordinance that would put the only federal firearms licensee, Shot Tec, out of business. Shot Tec doesn’t carry an inventory of firearms. It’s a business that facilitates legal firearm transfers and provides firearm safety classes. Still, town officials want it gone.

Township Commissioner Mike McKeon said the local law is one about zoning and not gun control, yet told NPR, “we’re trying to make everyone feel safer.”

“What the township did is they made it less accessible for people to access their rights and for people to access things like gunsmithing, etc.,” said Shot Tec owner Grant Schmidt, noting his firearm business is the only one in Lower Merion Township.

That’s a sticking point because Pennsylvania has a firearm preemption law. This has been challenged numerous times and was most recently batted down after Philadelphia Mayor Jim Kenney attempted to ban firearms in city parks and recreation areas. The reason was on account of the state’s General Assembly has the exclusive legal authority to write those laws in the Commonwealth. Pittsburg officials learned that again last year after trying to write their own gun control laws.

The striking irony is that those politicians demanding to pass their own local gun laws aren’t calling for crackdowns on criminals. They’re only demanding that those who obey the law are stripped of their ability to lawfully purchase a firearm. They’re ignoring state law to press a gun control agenda. These are gun control platitudes that run roughshod on state law and ignores criminals that are the real menace to society.

I don’t think this is working out how the gun grabbers wanted

Bill allowing more guns in Tennessee schools moves forward in special session

NASHVILLE, Tenn. (WKRN) — While many gun-related pieces of legislation are not moving forward in the Tennessee General Assembly’s special session on public safety, one firearm bill cleared its first hurdle in committee.

The bill, brought by Rep. Chris Todd (R—Madison County), would allow any law enforcement officer, whether on or off-duty, as well as any member of the armed forces—honorably discharged or not—and anyone with an enhanced handgun carry permit to carry on school grounds or any place used by a school where students would be present.

During discussion in the House Civil Justice Subcommittee, Todd and others argued the bill would help keep schools safer in the event of an emergency before first responders arrive on the scene, but critics and even the Tennessee Department of Safety pushed back, saying it would cause more harm than good.

Elizabeth Stroecker, with the Department of Safety, said the bill would “create a situation where you would have law enforcement potentially coming in not knowing who could be a bad guy or a good guy when someone has a firearm and it’s not clear that they may be a first responder.”

Todd took issue with Stroecker’s claims, arguing whether the department trusted the “trained and permitted individuals your own department has provided permits for.”

“We absolutely trust the people that we permit, but they are not trained or permitted to carry in a school and protect a school and be able to respond to a situation in a school. There is a very big difference in the eight-hour course they take to get the enhanced permit,” Stroecker said.

Todd became even angrier, snapping at Stroecker.

“We literally have administrators in schools and law enforcement that are about to retire or are already retired that are begging us for this legislation, so that they can protect the children that are around them every single day, and you sit here as a representative of our governor that is preventing that!” Todd said.

He was quieted by the committee chairman Rep. Lowell Russell (R—Vonore) before the vote, which saw the bill approved by voice vote. It now moves onto the full Civil Justice Committee.

Other bills, many by Democrats, were killed in multiple committees today by House members. On the Senate side, one committee killed 52 of 55 bills that were on the agenda. The three that survived were priority bills for Speaker Cameron Sexton (R—Crossville).

Tennessee GOP committee warns governor on special session

If Tennessee Gov. Bill Lee was hoping to bring his fellow Republicans around on the idea of a special session to pass his version of a “red flag” law and other gun-related legislation before officially calling the session into being, his hopes were dashed this weekend when the state’s Republican Party Executive Committee adopted a resolution instead asking the governor to drop his plans altogether.

According to the Chattanooga Free Press, the resolution’s language was suggested by committee member Tina Bensiker, who says she’s concerned that many of the ideas that have been floated would violate the rights of Tennessee residents, while failing to take a bite out of violent crime.

“I feel at this point a lot of this is really emotion as opposed to rational and reasoned,” Benkiser added. “My concern, and a lot of others’ concerns, is that some of the proposals we’ve heard really violate due process of law. And that is a fundamental concern. And when you start talking about potentially infringing on people’s constitutional rights, that needs to be thought out over a long period of time with people who have thought, debated, looked at the language and fleshed all that out. Not something to be rushed through.”

Benkiser said she hopes Lee will take heed of the GOP action.

“I understand that people sometimes act out of emotion when something horrendous has happened, as happened here in Nashville, but really to friends of his. I understand that, and I think the natural reaction is to want to do something and to want to do something now. But like I said, when you’re talking about constitutional rights, at the end of the day, you need to take the time to think that out.”

Other committee members are concerned that the statehouse could turn into a circus once the special session gets underway, pointing to the protests on the floor of the state House earlier this year that resulted in the expulsion of two Democratic lawmakers. Those legislators recently won special elections in their heavily Democratic districts and are vowing to introduce a host of gun control measures during the special session, and some on the GOP Executive Committee believe the special session would once again inflame tensions and create a flashpoint for anti-gun activists to rally around.

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Biden facing more pressure from Dems over crackdown on school hunting, archery classes

Fox News Digital reported last week that federal guidance highlighting the Education Department’s funding decision and interpretation of the BSCA was circulated among hunting education groups earlier this year, sparking concerns about the future of hunting and archery programs in schools.

In the guidance, obtained first by Fox News Digital, senior agency official Sarah Martinez wrote that archery, hunter education and wilderness safety courses utilize weapons that are “technically dangerous weapons” and therefore “may not be funded under ESEA programs.”

The BSCA — which was criticized as a “gun control” bill, but touted by proponents as an effort to promote “safer, more inclusive and positive” schools — was passed overwhelmingly by Congress and signed into law by President Biden in June 2022 after mass shootings at a grocery market in Buffalo, New York, and a school in Uvalde, Texas.

The law, though, included an amendment to a subsection in the ESEA listing prohibited uses for federal school funding. That amendment prohibits ESEA funds from helping provide any person with a dangerous weapon or to provide “training in the use of a dangerous weapon,” but, according to the bill’s sponsors, was included to prevent ESEA funding for school resource officer training.

“By misinterpreting which activities are now supported by ESEA, the Department of Education is limiting learning opportunities critical to student safety,” Tester continued in his letter to Cardona. “I urge the Department of Education to reconsider the interpretation of BSCA in a way that does not limit learning opportunities for students and does not present barriers to critical hunter safety courses.”

Three of the four BSCA sponsors — Sens. Kyrsten Sinema, I-Ariz.; John Cornyn, R-Texas; and Thom Tillis, R-N.C. — have expressed concern about the Department of Education’s interpretation of the BSCA provision. The lawmakers are working with the administration and other legislators to fix the error, they said.

Senators Kyrsten Sinema, I-Ariz., and Joe Manchin, D-W.Va., have both spoken out against the Department of Education’s interpretation of the Bipartisan Safer Communities Act.
In addition, West Virginia Democratic Sen. Joe Manchin criticized the administration.

“Any defunding of schools who offer critical programs like archery and hunting clubs would be a gross misinterpretation of the legislation and yet another example of this administration trying to advance their radical agenda with blatant disregard for the law,” Manchin told Fox News Digital on Wednesday.

Several Republicans and hunting and pro-Second Amendment organizations have also joined the chorus of voices calling on the administration to reverse course.

“The Biden administration is withholding funding from elementary and secondary schools that offer hunting or archery classes,” Sen. Marsha Blackburn, R-Tenn., tweeted Wednesday. “This administration is punishing Americans solely because they disagree with their values.”

“This is outrageous. Hunting and archery programs benefit youth across the country,” Rep. Erin Houchin, R-Ind., added. “At best – the administration is misinterpreting the law. At worst – they simply think they can ignore Congress.

WDOC rolls out Restoration of Rights certificates

CHEYENNE, Wyo. (RELEASE) – The Wyoming Department of Corrections (WDOC) has begun accepting applications and evaluating discharging individuals on their eligibility to receive a restoration of rights certificate in the State of Wyoming.

The WDOC is able to begin this process due to a change in Wyoming Statute §7-13-105 that went into effect July 1, 2023, which allows individuals that are convicted as a first time, non-violent felon, to have their right to vote, along with the rights lost as outlined in W.S. §6-10-106 to be restored. The rights restored under W.S. §7-13-105 include the ability to be an elector or juror or to hold any office of honor, trust or profit within this state or to use or knowingly possess any firearm.

The WDOC is accepting applications by mail, by email or in person at the Central Office. For more information in regards to this process, please visit https://corrections.wyo.gov/restoration-of-rights. Senator Eric Barlow, who was the sponsor for the original bill, commented “I am thankful to those who supported allowing more folks who have fulfilled their debt to society to re-engage in the most foundational aspects of citizenship, including the right to hold public office, serve on a jury and exercise their Second Amendment rights. The Legislature recognized the importance of voting rights for these same folks several years ago and I was pleased to assist with that too. I appreciate the Department of Corrections for implementing this program in a timely and efficient manner.”

Louisiana Legislature Overrides Governor’s Veto of Bill Protecting Kids From Transgender Surgeries.

The cultural conflicts that play out in various states become complicated when the legislature and the executive come from different parties. Take Louisiana for example: in the Bayou State, the legislature is heavily Republican, while Gov. John Bel Edwards is a Democrat.

In 2023, the state legislature passed multiple bills that sought to counter the transgender madness that’s sweeping our culture. The legislature voted on and passed three bills: HB81 would have required teachers and school staff to use a child’s birth pronouns unless parents consented to use alternate pronouns; HB466 was Louisiana’s version of Florida’s Parental Rights in Education law; and HB648 prohibited gender treatments for minors. As one would expect of a Democrat, Edwards vetoed all three bills.

The GOP-dominated legislature began to work to override the vetoes, but Republicans couldn’t muster enough support to get to the two-thirds majority that the law requires to override the vetoes on HB81 and HB466. However, large majorities in both chambers voted to override Edwards’ veto of HB648, so that bill will become law.

“Thanks to the bi-partisan support of the Louisiana State Senate, we are one step closer to protecting children in Louisiana from experimental chemical and surgical sex change procedures. HB648 has passed both chambers of the state legislature with veto-proof majorities, and the people of Louisiana have made it clear that our children are worth fighting for,” State Rep. Gabe Firment (R-22nd district), who sponsored the bill, said in a statement.
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House committee imposes major cuts to Justice, FBI, Commerce.

As had been suggested by its decision to not impose any cuts (or increases) to the NASA budget, the House appropriation subcommittee in charge of Commerce, Justice, Science-related agencies imposed all of the 28.8% cuts required by the House leadership on the Department of Justice, the FBI, and the Commerce department.

Overall, the bill appropriates $58.4 billion for programs under the jurisdiction of the committee, a $23.8 billion cut compared to the current fiscal year. It eliminates 14 “diversity, equity and inclusion” programs in the covered agencies, cuts spending on “wasteful” climate change programs, and saves more than $50 million by ending the Biden administration’s plan to replace auto fleets at the Department of Commerce and Department of Justice with electric vehicles.

According to the GOP summary, the Commerce Department would see a $1.4 billion cut in discretionary funding, and the Department of Justice would see a $2 billion cut. Federal science agencies together would face a $1.1 billion cut under the bill.

The FBI’s budget is to be cut $1 billion, or 9% (an actual cut, not a reduction in the increase in spending), with $400 million of that coming from salaries and expenses. It also forbids the agency from spending a dime on its planned dream of a new posh and palatial headquarters in the DC suburbs, twice the size of the Pentagon and costing more than $3 billion.

This is exactly what Republicans should have been doing for decades, and were too cowardly to attempt. If an agency of unelected employees in the executive branch abuses its power and causes harm to innocent citizens, something the FBI and the Justice Department have been eagerly doing since Trump became president, then it is the responsibility and obligation of Congress to use its power of the purse to cut those agencies’ funding.

Even now, however, no one should be confident these cuts will end up in the final bill. This is only the recommendations of one subcommittee. There are still many Republican cowards in the full House, and even more in the full Senate, who will gladly team up with the Democrats (who are all in favor of the abuse of power and the harm to innocent citizens) to reinstate the cuts.

Nonetheless, this is a start. It indicates that we might finally have turned a real political corner towards reform.

Press Release: Attorney General Bailey joins 23 states in opposing California’s defacto handgun ban

JEFFERSON CITY, Mo. – Missouri Attorney General Andrew Bailey announced today that his office joined 23 other states in challenging California’s “Unsafe Handgun Act.” The amicus brief supports the California Rifle & Pistol Association’s challenge to the California law aimed at limiting the sale and use of guns in California and nationwide.“The Second Amendment guarantees freedom and security for all Americans. I will not stand idly by while rogue progressive activists in California attempt to eradicate the freedoms of law-abiding gun owners that are enshrined in our Constitution,” said Attorney General Bailey. “I am proud to stand in the gap with my fellow attorneys general to protect our God-given rights.”The State of California aims to use the “Unsafe Handgun Act” to chill firearm commerce. California law requires new semiautomatic handguns to have three components:

  1. A chamber load indicator,
  2. a magazine disconnect mechanism, and
  3. microstamping capability.

Currently, no new gun on the market meets all three of these requirements. California has effectively created hurdles to halt the purchase of all new firearms, a clear violation of the Second Amendment.Joining Missouri in filing the brief are the states of Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Utah, Virginia, West Virginia, and Wyoming.

We know why the programs and agencies stay around – it’s an easy way to skim money.

Republican Lawmaker’s Bill Seeks to Phase Out ‘Zombie’ Federal Programs Costing Over $510

House Energy and Commerce Committee Chairman Cathy McMorris Rodgers (R-Wash.) wants to phase out the more than 1,100 “Zombie” federal agencies and programs that continue for years on end to get over $358 billion annually despite having expired legislative authorizations.

The McMorris Rodgers proposal is H.R. 1518, the Unauthorized Spending Act (USA), which she has introduced in every Congress since 2016. The Washington state Republican believes her proposal is needed to restore to voters the power of accountability in the nation’s capital.

“We have a fiscal crisis in America today, too much of the federal government is on autopilot. Americans are rightly frustrated by a government that thinks it knows best. These frustrations are a symptom of the people losing our power to ensure every penny of taxpayer money and every decision by federal agencies are subject to citizens’ scrutiny,” McMorris Rodgers explained in a statement on her official website.

“The USA Act aims to restore the American people’s ‘power of the purse’ by eliminating unauthorized spending or ‘Zombie’ programs—spending on government programs that haven’t been authorized by the people’s representatives in Congress. This bill is simple, it ensures that every penny of taxpayer money is subject to the scrutiny of the American people.

“It means that the people’s representatives are doing their jobs to effectively review, rethink, and possibly eliminate programs that are no longer needed. It means restoring the power of the purse and ending unauthorized spending,” she continued.

Her proposal currently has 11 co-sponsors, all Republicans, in the House of Representatives, and sits in the House Committee on Oversight and Accountability and the House Budget Committee, awaiting further action. No hearings have been scheduled on the measure.

The Congress Budget Office (CBO), in an April 2023 report, “identified 1,108 authorizations of appropriations that expired before the beginning of fiscal year 2023 and 355 authorizations that are set to expire before the end of the fiscal year. CBO also found that $510 billion in appropriations for 2023 was associated with 428 expired authorizations of appropriations.”

The USA proposal “puts all unauthorized programs on a pathway to sunset in three years, which is enforced by a reduction in overall budget authority based on the total value of unauthorized programs,” according to a fact sheet on the McMorris Rodgers website.

“In the first year after expiration, overall budget authority is reduced by 10 percent of the total value of unauthorized spending. In the second and third years, that increases to 15 percent. The programs in question would sunset at the end of the third fiscal year after expiration,” the fact sheet said.

Congress could also decide to reauthorize a Zombie agency or program, but individual senators and representatives would have to go on record one way or another whether to phase out funding or reauthorize the activity.

The process of deciding what to do about a specific Zombie agency or program would be overseen by a new Spending Accountability Commission (SAC) tasked with establishing reauthorization schedules, conducting reviews of the effectiveness of the agencies and programs, and recommending mandatory budget cuts “to be used as potential offsets to restore budget authority that was reduced due to unauthorized programs.”

For David Ditch, Zombie federal agencies are programs, especially those that have continued with funding but without reauthorization, “are a symptom of a federal government that is far too big for the institution of Congress to manage. No institution in the history of humanity could properly manage an entity [like the federal government] that employs so many people doing so many things and spending so much money covering such a broad range of topics.”

Ditch is a senior policy analyst in the Grover M. Hermann Center for the Federal Budget at The Heritage Foundation think tank. Before joining Heritage, Ditch worked on the Senate Budget Committee where, among much else, he analyzed Zombie agencies and programs.

At the heart of the problem, Ditch told The Epoch Times, is how “Congress, rather than doing the hard work of analyzing the performance of an existing federal agency or program, the instinct is to create new things that you can take political credit for back home.”

4 Decades as a Zombie

“Especially when you combine those political incentives with the astronomical growth of the federal government that took place during the 20th century and which has been allowed to keep growing and festering over time, you end up with a combination of small Zombies that probably should be repealed, and I would say large important programs with nowhere near enough oversight,” Ditch said.

Among the results of such political dysfunction are federal agencies—like the National Endowment for the Arts and the National Endowment for the Humanities—that have continued receiving billions of tax dollars despite their legislative authorizations having expired three decades ago in 1993.

Other examples of Zombie programs include the Title X Family Planning Program in the Department of Health and Human Services (HHS) that expired in 1985 which, Ditch pointed out, primarily provides funding for one of the most hotly debated federal subsidy recipients, the Planned Parenthood Foundation of America, Inc.

“If it is so contentious that we couldn’t reauthorize it, why should that program be entitled to going on four decades of billions of dollars over that time period in federal funds?” Ditch asked.

Maine Democrats fail in initial try to push gun control through House

AUGUSTA, Maine — The Maine House of Representatives defeated a measure Tuesday to enshrine a 72-hour waiting period before gun purchases.

Maine sticks out nationally as a Democratic-controlled state with a strong hunting culture that combines loose gun laws and  high levels of gun ownership with lower levels of gun mortality, although federal data from 2021 showed the latter was the highest in New England. Voters in 2016 rejected a referendum on mandatory background checks on private gun sales.

House Speaker Rachel Talbot Ross, D-Portland, is proposing a similar law this year. The waiting period bill from Rep. Margaret Craven, D-Lewiston, which would have Maine join seven states with similar laws, was a test to see whether the party could display unity on the fraught issue.

But Republicans and a small number of Democrats defeated the waiting period bill in a 73-69 vote on Tuesday evening. It goes to the Senate for additional votes. Gov. Janet Mills, a Democrat, has taken a dim view of gun control recently.

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Governor Abbott Signs Key Pro-Second Amendment Bills into Law!

Over the weekend, Governor Greg Abbott (R) signed important legislation protecting the privacy rights of lawful firearms purchasers and strengthening the state firearms preemption law. Both measures will take effect on September 1, 2023:

House Bill 2837, by Rep. Matt Schaefer (R-Tyler), prohibits financial institutions and credit card companies from requiring licensed dealers to use a firearms-specific merchant category code (MCC) to categorize retail gun purchases, rather than using a general merchandise retailer code or a sporting goods retailer code. It protects the privacy rights of lawful purchasers of firearms or ammunition by preventing payment card processing systems from collecting and misusing this data to surveil, report or disclose these legal transactions.

Gun control advocates successfully pressured activist banks on the International Organization for Standardization (ISO) to create a unique MCC for licensed gun dealers. Now, they are pushing lawmakers to require credit card companies to use these MCCs to gather data on and track lawful firearms and ammunition purchases. Since the federal government is prohibited by law from creating and maintaining a registry of gun owners, they are attempting to outsource this effort to the private financial sector.

HB 2837 ensures that this will not happen in the Lone Star State! Texas joins Florida, Idaho, Mississippi, Montana, North Dakota, and West Virginia in taking swift action this year to enact laws protecting lawful gun purchasers’ privacy when using credit cards at firearm retailers.

House Bill 3137, by Rep. Carrie Isaac (R-Wimberley), expands the state firearms preemption law to prohibit municipalities or counties from requiring firearm owners to obtain liability insurance, preventing such costly, California-style local regulations from being imposed on law-abiding Texas gun owners in the future.   

Governor Abbott had already signed a third pro-Second Amendment measure into law back in May: House Bill 1760 by Rep. Cole Hefner (R-Mount Pleasant). The current prohibition in the Texas Penal Code on firearms possession at school-sponsored activities could be interpreted to include countless locations where school field trips, school organization fundraisers and after-school programs occur, including public and private venues that are not owned by, or under the control of, a school. HB 1760 makes it clear that License To Carry holders and permitless carriers in possession of otherwise legal firearms at these locations would not become felons simply because students are present on the same premises. The bill clarifies that it is only an offense to carry a firearm where school activities are taking place if they are being conducted on property that is owned or operated by a school. 

NSSF WELCOMES U.S. SEN. GRAHAM’S FFL PROTECTION ACT

WASHINGTON, D.C. — NSSF®, The Firearm Industry Trade Association, welcomes the introduction of the Federal Firearms Licensee (FFL) Protection Act, introduced by U.S. Sen. Lindsey Graham (R-S.C.), along with 22 co-sponsors. The bill would strengthen and enhance criminal penalties for thefts of firearms from federally licensed firearm retailers. This legislation sends a strong message to those violent criminals engaging in these illicit activities and helps provide for safer communities, assists law enforcement and protects the livelihoods of firearm retailers.

“This is what true gun safety legislation looks like. Senator Graham’s FFL Protection Act sends an unequivocal message to criminals intent on burglarizing and robbing firearm retailers that the safety of America’s communities is nonnegotiable,” said Lawrence G. Keane, NSSF Senior Vice President and General Counsel. “This legislation sends a strong message to violent criminals engaging in these illicit activities that there will be accountability and consequences for their crimes. This legislation assigns the responsibility for the crime where it belongs – with the criminal. Senator Graham has been a staunch advocate of holding criminals accountable and protecting firearm retailers. This legislation does both. This legislation is a real solution that will make our communities safer.”

The Federal Firearms Licensee (FFL) Protection Act builds on the efforts NSSF has taken to address robbery and burglary of firearms through the partnership with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) on Operation Secure Store®, one of several Real Solutions. Safer Communities.® firearm industry safety initiatives. As part of Operation Secure Store, NSSF matches ATF reward offers for information regarding these crimes that leads to the arrest and conviction of the criminals responsible and the recovery of the stolen firearms. Additionally, NSSF helps raise awareness among firearm retailers to educate them on steps they can take to reduce the chance guns will be stolen from them during a burglary or robbery. In cooperation with ATF, NSSF conducts retailer store security seminars, assists retailers with store security audits of their premises and endorses and promotes the use of security products like smash resistant display cases.

ATF Director Dettelbach testified before Congress on the Operation Secure Store partnership with NSSF. ATF data has shown Operation Secure Store is working. Firearm retailer burglaries in 2021 were 277, compared to 577 in 2017 and 2,936 firearms were stolen in 2021 from firearm retailers, a 65 percent drop from the 7,841 firearms stolen from retailers in 2017.

Congressmen John Rutherford (R-Fla.) and Henry Cuellar (D-Texas) introduced the U.S. House of Representative’s FFL Protection Act as H.R. 2620.

Three Pro-Rights Bills Passed by Texas Lawmakers

Three pieces of legislation backed by the National Rifle Association were passed by the Texas Legislature over the weekend and sent to Gov. Greg Abbott, who has already signed one of the measures.

According to the NRA, the three bills are:

House Bill 1760, which has already been signed into law, provides a solution to allegedly “roving gun-free” school zones, which apply to school events occurring away from the school campus. This legislation limits “gun-free” restrictions to facilities actually owned and controlled by schools, or where high school, collegiate and UIL activities described in the State Penal Code (Section 46.03) are held.

House Bill 2837, which is awaiting Abbott’s signature, is designed to protect the privacy rights of people who purchase firearms and ammunition by preventing financial institutions from requiring the use of a firearms-specific merchant category code (MCC) when such purchases are made. This bill thwarts efforts by gun control groups to essentially separate gun and ammunition purchases from other retail buying with a unique MCC as established by the International Organization for Standardization. The NRA contends anti-gunners were looking for a way to create a defacto registry of gun owners, since the federal government is prohibited by law from doing so.

House Bill 3137 prevents local governments (city and/or county) from requiring firearm owners to obtain liability insurance, under the state firearms preemption law.

The gun prohibition lobby portrays Texas as something of a no-man’s land, and the media focuses on mass shootings there, while essentially supporting states such as California, with its strict gun laws, but which also has mass shootings.

Anti-gunners were busy this session in Austin, where, according to NRA figures, there were a dozen bills aimed at so-called “universal background checks,” eight so-called “red flag” bills, nine bills proposing restrictions on magazine capacity, and a whopping 21 bills that would have placed restrictions on firearms or ammunition sales to young adults.

NSSF COMMENDS NORTH DAKOTA GOV. BURGUM FOR SIGNING SECOND AMENDMENT FINANCIAL PRIVACY ACT

WASHINGTON, D.C. — NSSF®, The Firearm Industry Trade Association, commends North Dakota Gov. Doug Burgum for signing legislation to protect the financial privacy of purchases with credit cards at firearm retailers. Gov. Burgum signed the Second Amendment Financial Privacy Act to prohibit the use of a special Merchant Category Code (MCC) for credit card purchases and prevent personal financial information from being shared by financial institutions.

“Governor Burgum is putting gun control special interests in ‘woke’ Wall Street financial corporations on notice that their attempts at antigun policies end at North Dakota’s borders,” said Lawrence G. Keane, NSSF Senior Vice President and General Counsel. “North Dakotans legally purchasing firearms and ammunition should never be threatened by private financial service providers or government authorities by having their name and financial data being added to a government-accessible watchlist simply for exercising their Second Amendment rights. Governor Burgum is ensuring North Dakotans won’t be held captive by the radical ‘woke’ antigun agenda that seeks to weaponize credit cards in gun owners’ wallets against them. Gun owners should worry about what’s in their wallet, not who’s in their wallet.”

Gov. Burgum signed the Second Amendment Financial Privacy Act (HB 1487). The law prohibits financial institutions from requiring a firearm retailer-specific code that is different from that of other sporting goods or general merchandise retailers.

In late 2022, the International Organization for Standardization (ISO) announced it would create a unique MCC, at the behest of Amalgamated Bank which has been described as the Left’s Private Banker, that would allow credit card companies to monitor transactions at firearm retailers. Credit card companies suspended plans to implement the use of unique firearm retailer MCCs after significant opposition by NSSF and several state governments.

North Dakota joins Florida, West Virginia, Mississippi and Idaho in enacting laws to protect firearm purchasers’ privacy when using credit cards at firearm retailers. Legislation similar to these state laws is pending in Congress.