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IRS Moves to Threaten Second Amendment Newsletters, E-mail Alerts
Gun Owners of America ^ | January 15,2004 | GOA staff

Posted on 01/15/2004 6:37:31 AM PST by yoe

The ink is barely dry on the Supreme Court's devastating decision in McConnell v. FEC -- the so-called campaign finance case that GOA was involved in. That decision severely restricted broadcast communications, thus making it more difficult for GOA to hold legislators accountable on Second Amendment issues.

Now, the IRS is already leaping forward to expand the Court's ruling to include GOA newsletters, e-mail alerts, and other Second Amendment communications.

Put out for comment on December 23, 2003 -- when, presumably, no one would notice -- proposed IRS Revenue Ruling 2004-6 creates a broad new set of ambiguous standards which groups like GOA must follow in order to avoid losing all or part of their tax-exempt status.

Under the proposed Revenue Ruling, the IRS would create a vague "balancing test" to determine whether GOA communications would be "permitted" by the government.

If the communication occurred close to an election, mentioned an officeholder who was running for reelection, and was targeted to put pressure on congressmen through constituents in each representative's district, all of these factors would push toward outlawing the communication.

Although the McCain-Feingold Incumbent Protection law was repressive enough, the proposed Revenue Ruling would go far beyond this anti-gun statute:

* Unlike McCain-Feingold, the proposed Revenue Ruling would not be restricted to broadcast ads. Rather, it would apply to newspaper ads, e-mail alerts, newsletters, and other communications by organizations such as GOA.

* Unlike McCain-Feingold, the proposed Revenue Ruling would not automatically exempt communications which occurred more than 60 days prior to an election -- or which fell below a certain monetary threshold.

* Unlike McCain-Feingold, the proposed Revenue Ruling would contain no fixed standards for compliance. Rather every GOA newsletter or alert would have to be published with the realization that the government, after the fact, could apply its vague criteria to determine that is was "impermissible."

For example, when GOA learned that an anti-gun rider had been placed on a Defense authorization bill in September 2000, GOA alerted its members to this provision which would have allowed the Dept. of Defense to confiscate and destroy any military surplus item that had ever been sold by the government.

M1 Carbines, 1903 Springfields, Colt SAAs, uniforms, ammo, scopes -- and much more. All these privately-owned items could have been confiscated and destroyed by the feds.

GOA generated a groundswell of nationwide opposition against the confiscation attempt. But we especially targeted our focus on the Senate Armed Services Committee.

The message evidently got through, as the Committee Chairman's office called GOA to discuss this problem after he received hoards of calls, postcards and e-mails from our members. The provision was removed, and Second Amendment rights were preserved.

But had this IRS regulation been in effect in 2000, the agency (which then was under Clinton's control) could have RETROACTIVELY punished GOA, stating that our activity would have been impermissible if just one of the targeted Senators had been facing reelection!

This new regulation would allow lawmakers to load up gun bills prior to an election, secure in the knowledge that GOA won't be able to let you guys know about them in time.

GOA has formally lodged a protest with the IRS regarding this expansion and abuse of power. To read the GOA comments, go to (link)

It is imperative that this rule be defeated!

ACTION: Contact your congressmen. Ask them to write the IRS and demand that it withdraw proposed Revenue Ruling 2004-6. You can contact your Representative and Senators by visiting the Gun Owners Legislative Action Center at (link) to send them a pre-written e-mail message.

Take Action

Your Representative and Senators must submit their comments to the IRS by January 26.


TOPICS: Announcements; Breaking News; Business/Economy; Constitution/Conservatism; Culture/Society; Government; Politics/Elections
KEYWORDS: 1stamendment; bang; banglist; cfr; civilwar2; infringment; irs; marxism; revolution; socialism; tyranny
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Comment #21 Removed by Moderator

Comment #22 Removed by Moderator

To: RockyMtnMan
My hope is for HR25 to come out of the House Ways and Means committee.

As for our Second Amendment... It is dying. And now, thanks to McCain-Feingold and the IRS... it has gotten that much more difficult to talk about these things prior to an election.

23 posted on 01/15/2004 7:15:48 AM PST by Dead Corpse (For an Evil Super Genius, you aren't too bright are you?)
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To: GigaDittos
I would say yes. I think every american should now start their own newsletter, bulletin board, email list, etc.

What about those micro radio stations that just cover a few miles? I'll bet they would be cheap, too.
24 posted on 01/15/2004 7:20:40 AM PST by xzins (Retired Army and Proud of it!)
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Comment #25 Removed by Moderator

To: Dead Corpse
Not that I agree with the ruling, but Washington, DC is not a state and is under the authority of Congress per the Constitution. See Article I, Section 8, paragraph 17 and Article IV, Section 3, paragraph 2.
26 posted on 01/15/2004 7:26:32 AM PST by GigaDittos (Bumper sticker: "Vote Democrat, it's easier than getting a job.")
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To: GigaDittos
The NRA is planning to buy a radio or tv station. Since this article is from the GOA, I wonder if they're going to do the same.
27 posted on 01/15/2004 7:28:35 AM PST by Shooter 2.5 (Don't punch holes in the lifeboat)
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To: xzins
You my friend have the World Wide Web as your bully pulpit, thanks to Tim Berners-Lee.
28 posted on 01/15/2004 7:31:47 AM PST by GigaDittos (Bumper sticker: "Vote Democrat, it's easier than getting a job.")
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To: AAABEST; wku man; SLB; Travis McGee; Squantos; harpseal; Shooter 2.5; The Old Hoosier; xrp; ...
"Slow death of the Republic" ping.

Click the Gadsden flag for pro-gun resources!

29 posted on 01/15/2004 7:32:32 AM PST by Joe Brower ("If you want a picture of the future, imagine a boot stamping on a human face, forever." - G. Orwell)
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To: Joe Brower
"Slow death of the Republic" ping.

I don't know, Joe. Seems to have picked up considerable speed of late.

God Save the Constitution.

30 posted on 01/15/2004 7:39:11 AM PST by LTCJ (Gridlock '05 - the Lesser of Three Evils.)
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To: stevio
No kidding, once the dominoes start falling how can you stop them?

With a gun.

31 posted on 01/15/2004 7:40:26 AM PST by drypowder
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To: GigaDittos
And the Second Amendment applies to Congress especially. "Shall not be infringed" is pretty damn unambiguous despite this judges ruling.
32 posted on 01/15/2004 7:40:53 AM PST by Dead Corpse (For an Evil Super Genius, you aren't too bright are you?)
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To: yoe; Jeff Head; StriperSniper
Well, this is enough to get me PO'ed in the morning.
33 posted on 01/15/2004 7:43:33 AM PST by OXENinFLA
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To: KarlInOhio
The IRS exists as a means to control the masses, period. With that, the Gov controls the purse and continues to do all it can to control the guns.
34 posted on 01/15/2004 7:46:05 AM PST by drypowder
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To: yoe
It seems to me, that right or wrong (I'm leaning really far toward the wrong..) that this would do much more damage to the Left as it is they who abuse the system the most and really get away with "murder" by using their "tax-exempt" organizations for hard politicking. I've heard many a cry about how Jesse Jackson and a lot of the activist Churches side-step law and still manage to maintain tax-exempt status.

Of course, I don't believe the IRS should be more than an accounting agency and be unable to make/enforce policy - that should be left to other, or even new, agencies to insulate us from another totalitarian power.

35 posted on 01/15/2004 7:46:59 AM PST by trebb
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To: yoe
what are their rights to do this?

No right. They do it because they can and not enough Americans care one way or the other as long as they can make they're monthly payments . . .

It's about control - get the guns - secure control

36 posted on 01/15/2004 7:47:28 AM PST by realpatriot71 (legalize freedom!)
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If the communication occurred close to an election, mentioned an officeholder who was running for reelection, and was targeted to put pressure on congressmen through constituents in each representative's district, all of these factors would push toward outlawing the communication.

Our government has finally crossed the line. Calling this Tyranny is not hyperbole. The republic is dead.

My fellow Americans, you are worms for voting for the people who passed this law. And you'll confirm your stupidity by voting for them again. My only consolation is you've got the government you richly deserve - an oppressive one. Enjoy it!

37 posted on 01/15/2004 7:49:54 AM PST by freeeee (I may disagree with what you say but I will defend to the death your right to say it)
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To: yoe
Over reaching by the IRS - what are their rights to do this?

We don't NEED no Steenkin Rights!! We have a LOT of GUNS!!

[Signed}

IRS

38 posted on 01/15/2004 7:53:52 AM PST by ninenot (So many cats, so few recipes)
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To: xzins
What about those micro radio stations that just cover a few miles?

Did they ever legalize those? Last I heard (few years since I've paid attention to the issue) the FCC was still busting them. Aren't any around here that I know of.

39 posted on 01/15/2004 7:54:57 AM PST by templar
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To: templar
I'd put it on a search engine if I could remember what they called them: "micro" is not correct.
40 posted on 01/15/2004 7:56:24 AM PST by xzins (Retired Army and Proud of it!)
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