Victory In The House! bill expanding gun control on federal land was narrowly defeated

Thanks to you, a bill expanding gun control on federal land was narrowly defeated Wednesday morning, March 11.

The Omnibus Public Lands Act of 2009, S. 22, would have drastically increased the amount of land controlled by the National Park Service, thus subjecting such land to the anti-gun regulations of the agency.

The bill was brought to the floor of the U.S. House on what is known as the "suspension calendar." This calendar is normally reserved for non-controversial bills. As such, any bill being passed under the suspension calendar requires a two-thirds majority of those voting.

In this case, the pro-gun position prevailed by a mere two votes -- meaning S. 22 is far from being non-controversial.

Although suspension bills are not normally amended, one change was allowed in a secret backroom deal between a few members.

The amendment, offered by Rep. Jason Altmire (D-PA), was intended to alleviate the concerns of gun owners.

The Altmire amendment sought to protect hunting and recreational shooting on federal land, but those steps are completely inadequate to address the concerns of millions of gun owners.

The Second Amendment protects, as the Supreme Court affirmed in D.C. v. Heller, an individual right to keep and bear arms. That right was never intended to protect only the shooting sports.

Under current regulations, firearms possessed for the sole purpose of self-defense on land controlled by the National Park Service is prohibited unless the person holds a concealed carry permit.

While millions of law-biding Americans hold CCW permits, many more do not. It is these citizens' rights that are going unprotected.

NPS land covers the gamut from busy thoroughfares to remote wilderness areas. These gun free zones are dangerous, in addition to creating a patchwork of inconsistent regulations between federal and state land.

The anti-gun leadership will attempt to bring this bill back to the floor in a way that requires a simple majority, rather than the two-thirds vote they needed Wednesday.

Several pro-gun congressmen will try to offer an amendment in committee to simply allow state and local law to govern firearms possession on NPS land. This type of amendment would put more control at the local level and protect the gun rights of all law-abiding Americans.

What is expected is that the leadership will propose a new "rule" that blocks any such pro-gun amendments.

House leaders have not indicated when they will attempt to bring the bill back to the floor, but it could come up at any time.

Therefore, your Representative needs to hear from you once again, for two reasons. First, the entire House needs to be urged to reject any parliamentary trick that excludes language to protect Second Amendment rights on federal land. Next, those who voted against your rights need to know of your dissatisfaction, while those who stood up for your rights should be thanked.

ACTION: Please use the Gun Owners Legislative Action Center to send your Rep. a pre-written letter. Note: the LAC will automatically load the correct text for individual Representatives, based upon their vote Wednesday. Because the list has to be divided in this way, the pre-written letters are not editable by the sender.

Thank you for standing up for the Second Amendment by voting against S. 22, the Omnibus Public Lands Management Act of 2009.

This bill would greatly expand land controlled by the National Park Service, and thus spread the agency's gun restrictions to even more areas. The NPS gun ban should be repealed, not expanded.

Although the pro-gun side won today, the battle is not over. The anti-gun leadership will try to bring the bill to the floor again, this time with a rule intended to exclude a pro-gun amendment to repeal the NPS anti-gun regulations.

If that is the case, I urge you to once again stand up for the Second Amendment and vote against the rule.

I am extremely disappointed that you did not stand up for the Second Amendment on the issue of S. 22, the Omnibus Public Lands Management Act of 2009.

This bill would greatly expand land controlled by the National Park Service, and thus spread the agency's gun restrictions to even more areas. The NPS gun ban should be repealed, not expanded.

If that is the case, I urge you to protect the Second Amendment rights of law-abiding Americans and vote against the rule.

S. 22 - Omnibus Public Land Management Act of 2009

S. 22— Omnibus Public Land Management Act of 2009

(Sen. Bingaman D-NM)

Key Conservative Concerns

Take-Away Points

-- Blocks millions of acres from new oil and gas leasing, logging, mining, and all other business activity in these areas.

-- Eliminates 1.2 million acres from mineral leasing and energy exploration in Wyoming alone - withdrawing 331 million barrels of recoverable oil and 8.8 trillion cubic feet of natural gas from domestic energy supply.

-- Designates more than 2 million acres of land as wilderness areas; permanently eliminating human access for energy exploration or recreational opportunities.

-- Eliminates a proposed terminal site for importing liquefied natural gas (LNG) in Massachusetts by designating a river that runs through a city as “wild and scenic”.

-- Authorizes $5.5 billion of new discretionary spending over five years and $900 million of direct spending.

-- Makes collecting fossils an illegal activity, subjecting thousands of hobbyists to 5 years in federal jail.

-- Pork Projects: $3.5 million to the city of St. Augustine, FL for a birthday party, $200,000 for a tropical botanical garden in Hawaii, $250,000 to study the birthplace of Alexander Hamilton in the U.S. Virgin Islands, and $37 million for a park in New Jersey that is not even supported by the National Park Service.

For more details on these concerns, see below.

Order of Business: The bill is scheduled to be considered on March 11, 2009, under a motion to suspend the rules and pass the bill.

S. 22 passed the Senate on January 15, 2009 by a vote of 73-21. This legislation is comprised of over 165 separate bills introduced in the 110^th Congress. Senate leaders created an omnibus bill to circumvent “holds” Senator Tom Coburn (R-OK) placed on a number of these individual bills because he believed they would authorize wasteful spending, block energy development, and infringe on property rights.

Originally thought to be considered for House action the week of February 9, Democrats had to remove the bill from the schedule over their inability to reach a consensus in their caucus over Second Amendment concerns raised by Blue Dog Democrats. Representative Altmire (D-PA) has drafted an amendment to the legislation aimed to ensure S. 22 will not affect hunting, gaming, or other forms of traditional recreation. The amendment also clarifies that that states have the authority to manage fish and wildlife. While the National Rifle Association does not take a position on S. 22 as whole, they are in support of the Altmire provision.

However, the Gun Owners of America (GOA) believe the Altmire is “insufficient and misses the point. The founding fathers did not, in their struggle to secure essential liberties, craft the Second Amendment with the idea that it would protect hunting and recreational shooting.” The GOA will be rating S. 22 as an anti-gun vote.

Summary: S. 22 is an omnibus federal lands bill that would authorize the Secretary of Interior to study, establish, and redesignate numerous National Parks, National Wildernesses, National Heritage Areas, National Trails, National Scenic River designations, and codify the National Landscape Conservation System (NLCS). S. 22 would also authorize land conveyances and exchanges, federal boundary adjustments, memorials, museums, reclamation projects, and commissions. Additionally, the bill authorizes programs for ocean exploration, local water infrastructure, underwater research, and paralysis research. For a more detailed summary of the legislation, please review the February 11th Legislative Bulletin.

Additional Information: Some conservatives may be extremely concerned that this 1,246 page bill is being considered under “suspension of the rules”. This procedural motion is intended to be reserved for non-controversial matters. The CRS report describing the provisions in this bill used the word “controversial” 37 times.

S. 22 creates eighty new federal wilderness designations or additions to public land that withdraw more than 3 million acres of land from energy leasing. In Wyoming alone, these restrictions eliminate access to an estimated 331 million barrels of oil and 8.8 trillion cubic feet of natural gas. Last summer, Americans were calling on Congress to reduce the price of oil after facing gasoline prices costing over $4 a gallon this summer. Many conservatives believe that it is the wrong strategy to further limit the ability to increase domestic production, and to continue to increase our reliance on foreign imports.

Some conservatives may also be concerned that many of the land designations included in S. 22 severely limit private property rights. Heritage and Wilderness area designations can lead to restrictive federal zoning and land-use planning to block energy development. In Heritage areas, management plans can restrict how residential and commercial property owners utilize their private property without any notice or warning.

Some conservatives may also be concerned that S. 22 couples non-controversial land bills with contentious federal designations that limit land use and are opposed by some residents and Members within the designations. Some conservatives may be concerned that non-controversial land bills are attached to S. 22 in order to garner votes for disputed designations that had difficulty passing under suspension of the rules in the 110^th Congress. By contrast, properly managed public lands can simultaneously contribute to energy independence, wildlife conservation, outdoor recreation and the advancement of science and technology.

Committee Action: None.

Administration Position: No Statement of Administration Policy (SAP) is available.

RSC Bonus Fact: The federal government already owns nearly 650 million acres of land, which amounts to 30 percent of the total land area of the United States. The District of Columbia, established by the Constitution as the federal city, has only 24.7% of its total acreage owned by the federal government. Twelve states rank above DC in federal land ownership. 85% of Nevada is federally owned and the federal government occupies more than 45% of the land in California.

Cost to Taxpayers: While CBO has not prepared a complete cost estimate for all of the provisions of S. 22 that would authorize discretionary spending subject to appropriation, they have estimated that the total discretionary spending that would be necessary to carry out the legislation is more than $5.5 billion over five years, subject to appropriation. In addition, they estimate direct spending would increase by more than $900 million after 2019.

Does the Bill Expand the Size and Scope of the Federal Government? Yes, the bill creates new federal land designations, limits multiple use of public lands, restricts energy development, and expands the jurisdiction of the Department of Interior.

Does the Bill Contain Any New State-Government, Local-Government, or Private-Sector Mandates? Yes, it expands federal land ownership by more than 3 million acres. Many conservatives would argue that federal land acquisition erodes private property ownership rights.

Does the Bill Comply with House Rules Regarding Earmarks/Limited Tax

Benefits/Limited Tariff Benefits? A Committee Report citing compliance with rules regarding earmarks, limited tax benefits, or limited tariff benefits is not available. Such a report is technically not required because the bill is being considered under a suspension of the rules.

Constitutional Authority: A committee report citing constitutional authority is not available.

Outside Organizations opposed to the legislation:

U.S. Chamber of Commerce
American Motorcycle Association (will score vote)
Recreational Off Highway Vehicles Association
Western Business Roundtable
Gun Owners of America (will score vote)
Property Rights Alliance
Americans for Tax Reform
Citizens Against Government Waste
American Conservative Union
Competitive Enterprise Institute
National Taxpayers Union

RSC Staff Contact: Bruce F. Miller, bruce.miller@mail.house.gov, (202)-226-9720.

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