Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Twelve Big Wins for Gun Owners
NRA-ILA ^ | November 18, 2011 | NA

Posted on 11/22/2011 11:57:50 AM PST by neverdem


·11250 Waples Mill Road ·   Fairfax, Virginia 22030    ·800-392-8683

 
Twelve Big Wins for Gun Owners
 
Friday, November 18, 2011
 

The final conference report on the combined Fiscal Year 2012 Agriculture, Commerce/Justice/Science (CJS) and Transportation/Housing/Urban Development (THUD) Appropriations bills—also known as the “Mini-Bus,” was passed by both the U.S. House and the U.S. Senate,  and has been signed into law. 

One of the most important ways that Congress has protected the Second Amendment is through a number of general provisions included in various appropriations bills.  Many of these provisions have been included in the bills for many years—some of the provisions go back almost three decades.  This conference report is no exception, as it contains 12 provisions that strengthen the Second Amendment and protect the American people.

Specifically, the conference report makes PERMANENT the following protections:

  • Firearms Database/National Gun Registry Prohibition.  No funds may be used to create, maintain or administer a database of firearms owners or their firearms. This prohibition has been in place since Fiscal Year 1979, and prevents the federal government from establishing a national gun registry.
  • Former Firearms Dealers Information Retrieval Prohibition.  No funds may be used to electronically retrieve personally identifying information gathered by federal firearms licensees. The provision prohibits the creation of a gun registry from dealers’ records that are required by law to be surrendered to the federal government when a dealer goes out of business. This provision has been included since FY 1997.
  • Information Gathering Prohibition/24-Hour Destruction of Records.  A prohibition on the use of funds to retain any information gathered as a part of an approved instant background check for more than 24 hours. This provision protects the privacy of law-abiding gun buyers by prohibiting gun buyers’ personal information about legal gun purchases from being retained by government authorities for more than 24 hours after a firearm background check. It has been included since FY 1999.

In addition, the conference report adds two NEW provisions designed to bolster our gun rights and protect the Second Amendment from unelected bureaucrats who would twist the law to facilitate their gun-control agenda.

  • Prohibit Funding for “Gun Walking” Operations.  No funds may be used to knowingly transfer firearms to agents of drug cartels unless U.S. law enforcement personnel control or monitor the firearms at all time.  This amendment is designed to prevent the Justice Department (or any government entity) from spending taxpayer dollars on “gun walking” programs like Operation Fast and Furious. 
  • Shotgun Importation Protections.  Prohibits the Department of Justice from requiring imported shotguns to meet a “sporting purposes” test that the Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE) has used to prohibit the importation of shotguns with  one or more features disliked by the Agency, such as adjustable stocks, extended magazine tubes, etc.

Finally, the conference report RETAINS the following provisions:

  • Curio and Relic Definition.  A prohibition on the use of funds to change the definition of a “curio or relic.”  This provision protects the status of collectible firearms for future generations of firearms collectors.
  • Physical Inventory Prohibition.  Prohibition on a requirement to allow a physical inventory of Federal Firearms Licensees.  The Clinton Administration proposed a rule in 2000 to require an annual inventory by all licensees. While the Bush Administration eventually withdrew the proposal, Congress has still passed this preventive provision every year since FY 2007.
  • Business Activity.  A prohibition on the use of funds to deny a Federal Firearms License (FFL) or renewal of an FFL on the basis of low business activity. This provision prohibits BATFE from denying federal firearms license applications or renewals based on a dealer’s low business volume alone. 
  • Firearms Trace Data Disclaimer.  A requirement that any trace data released must include a disclaimer stating such trace data cannot be used to draw broad conclusion about firearms-related crime. 
  • Firearms Parts Export to Canada.  A prohibition on the use of funds to require an export license for small firearms parts valued at less than $500 for export to Canada.   This provision removed an unnecessary and burdensome requirement on U.S. gun manufacturers that was imposed under the Clinton Administration. 
  • Importation of Curios and Relics.  A prohibition on the use of funds to arbitrarily deny importation of qualifying curio and relic firearms. This provision ensures that collectible firearms that meet all legal requirements for importation into the United States are not prevented from import by executive branch fiat.
  • Transfer of BATFE Authority. A prohibition on the use of funds to transfer any duty or responsibility of the BATFE to any other agency or department.  This provision was written in response to a Clinton Administration plan to transfer firearms enforcement to the FBI or Secret Service.  It also prohibits the Executive branch from skirting the will of Congress by allowing another agency to implement policies the BATFE is prohibited from implementing.


Find this item at: http://www.nraila.org/Legislation/Federal/Read.aspx?id=7180&issue=


TOPICS: Constitution/Conservatism; Crime/Corruption; Extended News; Politics/Elections
KEYWORDS: banglist; minibus

1 posted on 11/22/2011 11:57:55 AM PST by neverdem
[ Post Reply | Private Reply | View Replies]

To: neverdem

Eh, when they repeal the 1968 gun control legislation and all the laws passed since then I’ll get excited, this is just pathetic pandering before an election and means basically nothing.


2 posted on 11/22/2011 12:08:00 PM PST by trapped_in_LA
[ Post Reply | Private Reply | To 1 | View Replies]

To: trapped_in_LA
This provision protects the privacy of law-abiding gun buyers by prohibiting gun buyers’ personal information about legal gun purchases from being retained by government authorities for more than 24 hours after a firearm background check.

Am I to believe that all records of all firearms I have purchased no longer exist or is this something that has yet to take effect?

3 posted on 11/22/2011 12:13:37 PM PST by Bloody Sam Roberts (Attacking Wall Street because you're jobless is like burning down Whole Foods because you're hungry.)
[ Post Reply | Private Reply | To 2 | View Replies]

To: trapped_in_LA

Some see it as worse than that. This may be the nasty camel getting more than just its nose under the tent of the Second AMendment.


4 posted on 11/22/2011 12:14:34 PM PST by MHGinTN (Some, believing they cannot be deceived, it's impossible to convince them when they're deceived.)
[ Post Reply | Private Reply | To 2 | View Replies]

To: Bloody Sam Roberts

“Am I to believe that all records of all firearms I have purchased no longer exist or is this something that has yet to take effect?”

Don’t kid yourself. If there are no penalties (i.e., jail time for ATF agents that break this “law”) then there is no reason for them to not ignore it. And trust me, they are ignoring it, they’ve kept the records and will use them when the time comes. That’s what I love about all these laws that congress passes about what our wonderful federal government can’t do, there is no teeth in any of them and they are routinely ignored by the bureaucrats because there is no penalty!


5 posted on 11/22/2011 12:38:21 PM PST by trapped_in_LA
[ Post Reply | Private Reply | To 3 | View Replies]

To: Bloody Sam Roberts
Am I to believe that all records of all firearms I have purchased no longer exist

They have just disappeared like all those sexy pics you posted on Facebook, no really they have.

6 posted on 11/22/2011 12:59:34 PM PST by itsahoot (Throw them all out!)
[ Post Reply | Private Reply | To 3 | View Replies]

To: Bloody Sam Roberts
Am I to believe that all records of all firearms I have purchased no longer exist or is this something that has yet to take effect?

I wouldn't bet on it. It appears that the BATF has been giving data on firearms purchases by U.S. citizens in the USA to the Mexican government.

7 posted on 11/22/2011 1:02:55 PM PST by archy (I'd give my right arm to be ambidextrous!)
[ Post Reply | Private Reply | To 3 | View Replies]

To: harpseal; TexasCowboy; nunya bidness; AAABEST; Travis McGee; Squantos; wku man; SLB; ...
Click the Gadsden flag for pro-gun resources!
8 posted on 11/22/2011 1:15:15 PM PST by Joe Brower (Sheep have three speeds: "graze", "stampede" and "cower".)
[ Post Reply | Private Reply | To 1 | View Replies]

To: archy

Well that was mighty nice of them.


9 posted on 11/22/2011 1:19:37 PM PST by Lurker (The avalanche has begun. The pebbles no longer have a vote.)
[ Post Reply | Private Reply | To 7 | View Replies]

To: neverdem

Strange how laws must be passed to prohibit the Administration from hindering citizens from free exercise of explicitly legal activity.


10 posted on 11/22/2011 1:25:51 PM PST by ctdonath2 ($1 meals: http://abuckaplate.blogspot.com/)
[ Post Reply | Private Reply | To 1 | View Replies]

To: itsahoot
They have just disappeared like all those sexy pics you posted on Facebook, no really they have.

Me...with a Facebook account. Now that's funny. Anyone who knows me knows how funny a notion that is.

11 posted on 11/22/2011 1:30:12 PM PST by Bloody Sam Roberts (Attacking Wall Street because you're jobless is like burning down Whole Foods because you're hungry.)
[ Post Reply | Private Reply | To 6 | View Replies]

To: trapped_in_LA
If there are no penalties (i.e., jail time for ATF agents that break this “law”) then there is no reason for them to not ignore it. And trust me, they are ignoring it, they’ve kept the records and will use them when the time comes.

Ummm yup. The State of Florida just fixed this particular oversight in state law and now watch the antigun counties scramble to scrape their crappola off the books before the Florida Ddept of Law Enforcement (FDLE) comes knocking on their city and county hall meetings with handcuffs and fines ready to slap thereupon. God Bless Florida, the GUNshine state!

12 posted on 11/22/2011 1:33:14 PM PST by ExSoldier ("Life without God is like an unsharpened pencil: It has no point.")
[ Post Reply | Private Reply | To 5 | View Replies]

To: neverdem; All

Close BATFE. Repeal GCA68.

Those would be big wins. Everything else is peanuts.


13 posted on 11/22/2011 3:31:44 PM PST by Red in Blue PA (Let's apply the "reasonable man" standard to gun laws. How many would stand?)
[ Post Reply | Private Reply | To 1 | View Replies]

To: neverdem
Too bad there isn't something in there to kill the hold Obama has put on bringing back the M1 Garands from South Korea.

The excuse used is that the Garand can use high capacity magazines;

"Guns that can take high-capacity magazines are a threat to public safety," said Dennis Henigan of the Brady Campaign to Prevent Gun Violence.

Anyone familiar with the construction and operation of the M1 Garand knows that they do not use external magazines and that their construction prevents them from being loaded with anything larger than an internal 8 round clip.

Obama Administration Reverses Course, Forbids Sale of 850,000 Antique Rifles

September 01, 2010 FoxNews.com

The South Korean government, in an effort to raise money for its military, wants to sell nearly a million antique M1 rifles that were used by U.S. soldiers in the Korean War to gun collectors in America.

The Obama administration approved the sale of the American-made rifles last year. But it reversed course and banned the sale in March – a decision that went largely unnoticed at the time but that is now sparking opposition from gun rights advocates.

A State Department spokesman said the administration's decision was based on concerns that the guns could fall into the wrong hands.

"The transfer of such a large number of weapons -- 87,310 M1 Garands and 770,160 M1 Carbines -- could potentially be exploited by individuals seeking firearms for illicit purposes," the spokesman told FoxNews.com.

"We are working closely with our Korean allies and the U.S. Army in exploring alternative options to dispose of these firearms."

Gun control advocates praised the Obama administration for taking security seriously.

"Guns that can take high-capacity magazines are a threat to public safety," said Dennis Henigan of the Brady Campaign to Prevent Gun Violence. "Even though they are old, these guns could deliver a great amount of firepower. So I think the Obama administration's concerns are well-taken."

But gun rights advocates point out that possessing M1 rifles is legal in the United States -- M1s are semi-automatics, not machine guns, meaning the trigger has to be pulled every time a shot is fired -- and anyone who would buy a gun from South Korea would have to go through the standard background check.

"Any guns that retail in the United States, of course, including these, can only be sold to someone who passes the National Instant Check System," said David Kopel, research director at the conservative Independence Institute. "There is no greater risk from these particular guns than there is from any other guns sold in the United States."

M1 carbines can hold high-capacity ammunition clips that allow dozens of rounds to be fired before re-loading, but Chris Cox, chief lobbyist for the National Rifle Association, noted that is true about any gun in which an ammunition magazine can be inserted -- including most semi-automatics.

"Anything that accepts an external magazine could accept a larger capacity magazine," Cox said.

"But the average number of rounds fired in the commission of a crime is somewhere between 1 and 2 … this issue just shows how little the administration understands about guns."

He called the administration's decision "a de facto gun ban, courtesy of Hillary Clinton's State Department."

Asked why the M1s pose a threat, the State Department spokesman referred questions to the Bureau of Alcohol, Tobacco, Firearms and Explosives. ATF representatives said they would look into the question Monday afternoon, but on Wednesday they referred questions to the Justice Department. DOJ spokesman Dean Boyd referred questions back to the State Department.

According to the ATF Guidebook on Firearms Importation, it would normally be legal to import the M1s because they are more than 50 years old, meaning they qualify as "curios or relics." But because the guns were given to South Korea by the U.S. government, they fall under a special category that requires permission from the State Department before any sale.

Kopel said that he hopes the State Department spokesman's statement that it is working to "dispose" of the guns does not mean they want to melt them down.

"It seems to have this implication of destruction, which would be tremendously wasteful," he said. "These are guns that should be in the hands of American citizens for marksmanship and safety training."

Asked whether melting the guns down would be a good option, Henigan said: "Why let them into the country in the first place? If there is a legally sufficient way to keep them out, we think it's perfectly reasonable to do so."

Past administrations have also grappled with the issue of large-scale gun imports.

The Clinton administration blocked sales of M1s and other antiquated military weapons from the Philippines, Turkey and Pakistan. It also ended the practice of reselling used guns owned by federal agencies, ordering that they be melted down instead.

In contrast, 200,000 M1 rifles from South Korea were allowed to be sold in the U.S. under the Reagan administration in 1987.

A decision like that would be better for everyone, Cox said.

"M1s are used for target practice. For history buffs, they're highly collectible. We're going to continue to make sure that this backdoor effort that infringes not only on lawful commerce but on the Second Amendment is rectified."

Henigan disagrees.

"They clearly were used as military guns, and the fact that they likely can take high-capacity magazines makes them a special safety concern," he said.

The White House referred questions on the issue to the Pentagon, which referred questions to the U.S. Embassy in South Korea, which deferred back to the State Department.


14 posted on 11/22/2011 3:41:05 PM PST by Iron Munro (Ben Raines For President)
[ Post Reply | Private Reply | To 1 | View Replies]

To: neverdem

Does this mean the M1 Carbines and Garands from South Korea should be coming in?


15 posted on 11/22/2011 3:45:10 PM PST by Blue Collar Christian (Let's roll on this gunwalking thing already! NRA <BCC><)
[ Post Reply | Private Reply | To 1 | View Replies]

To: neverdem

Some one with five million in their pocket should go there and pack all those rifles in two shipping containers, label them scrap metal, wait two years and ship roundabout back to the us. Then sell for 100 each.


16 posted on 11/22/2011 5:34:56 PM PST by W. W. SMITH (Obama is an instrument of enslavement)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Blue Collar Christian; Iron Munro; Travis McGee; Joe Brower; El Gato; wardaddy; Squantos; Eaker; ...
Does this mean the M1 Carbines and Garands from South Korea should be coming in?

It's not likely with this administration, but the issue is a perfect example of why the right can't compromise with the left, i.e. the left can't or doesn't debate honestly. Take your pick. They are either ignorant or evil, possibly both.

They deliberately conflate the two different M1s. M1 Garands can't accept external maagazines without serious modification and Browning Automatic Rifle or custom made magazines for 30-06 ammo, a seroius, fully powered .30 caliber round. The Garands should be here already as the gun grabbers objection about accepting high capacity magazines doesn't apply.

I believe M1 carbines fit the left's bogus definition of "assault weapons" because 30 round magazines are not uncommon, even though the .30 caliber M1 carbine round is seriously underpowered. I wouldn't be surprised if they call the standard 15 round magazine as high capacity.

BTW, for me as a 12 or 13 year old kid from NYC in the middle of the 1960s, the M1 Carbine was a great introduction to firearms. One of my best friend's brother took us to the Blue Trail Range in Wallingford, CT, on a fall school holiday! About 100 rounds of Carbine ammo plus maybe a half dozen 30-06 rounds through his brother's cheap gov't surplus. IIRC, his brother got the Springfield for $15 and the Carbine for $30.

17 posted on 11/23/2011 10:44:14 AM PST by neverdem (Xin loi minh oi)
[ Post Reply | Private Reply | To 15 | View Replies]

To: Bloody Sam Roberts
Am I to believe that all records of all firearms I have purchased no longer exist

The post was intended to show the unlikely notion that those records would ever be destroyed once they were created.

18 posted on 11/23/2011 10:49:21 AM PST by itsahoot (Throw them all out!)
[ Post Reply | Private Reply | To 11 | View Replies]

To: neverdem

I’ve got my eye on that 50 Cal SemiAuto Barrett for sale at my local gunshop....a steal at only $9,999....Gonna purchase it with my EITC check....


19 posted on 11/23/2011 10:53:38 AM PST by Gaffer
[ Post Reply | Private Reply | To 1 | View Replies]

To: Bloody Sam Roberts

No....the 4473s you filled out are supposed to be retained by the gunshops, get this, in a fireproof file cabinet or safe.....they are henceforth available for inspection by the BATF....


20 posted on 11/23/2011 10:56:43 AM PST by Gaffer
[ Post Reply | Private Reply | To 3 | View Replies]

To: Gaffer
No....the 4473s you filled out are supposed to be retained by the gunshops, get this, in a fireproof file cabinet or safe.....they are henceforth available for inspection by the BATF....

Hmmm...food for thought.

21 posted on 11/23/2011 10:59:13 AM PST by Bloody Sam Roberts (Attacking Wall Street because you're jobless is like burning down Whole Foods because you're hungry.)
[ Post Reply | Private Reply | To 20 | View Replies]

To: Bloody Sam Roberts

There is a line in the popular movie, Red Dawn. In it, the Cuban Colonel that has just invaded the Wyoming town tells a subordinate, “Go to the local hardware store, etc. and collect all the Forms 4473.” It told him who had guns in the community. All the BATFE has on file, and you can bet your ass they DO!, is that a gunshop may have submitted your ‘information’ with respect to approval for a gun purchase.

As far as I’m concerned the Founding Fathers were so frightful of the Federal Government abridging the rights of a US citizen OWNING and BEARING arms, that they put the Second Amendment in the Bill of Rights. IMO the federal government has no damned business whether I own a firearm or not. I’ll grant that concern to my state, but the Federal Government? HELLLLLL NO!


22 posted on 11/23/2011 11:10:07 AM PST by Gaffer
[ Post Reply | Private Reply | To 21 | View Replies]

To: W. W. SMITH
Some one with five million in their pocket should go there and pack all those rifles in two shipping containers, label them scrap metal, wait two years and ship roundabout back to the us. Then sell for 100 each.

This ad dates from 1963 or before (no zip code in address):


23 posted on 11/23/2011 11:22:30 AM PST by Iron Munro (Ben Raines For President)
[ Post Reply | Private Reply | To 16 | View Replies]

To: Iron Munro

Adjusted for inflation that 97.50 is over 2000 dollars today.


24 posted on 11/23/2011 1:57:01 PM PST by W. W. SMITH (Obama is an instrument of enslavement)
[ Post Reply | Private Reply | To 23 | View Replies]

To: Iron Munro

>> “This ad dates from 1963 or before (no zip code in address)” <<

.
Earlier than that, pre-m14 too. (”Current rifle of the US armed forces” per the ad)


25 posted on 11/23/2011 2:53:01 PM PST by editor-surveyor (No Federal Sales Tax - No Way!)
[ Post Reply | Private Reply | To 23 | View Replies]

To: W. W. SMITH

Have you priced an M1 lately?


26 posted on 11/23/2011 2:54:10 PM PST by editor-surveyor (No Federal Sales Tax - No Way!)
[ Post Reply | Private Reply | To 24 | View Replies]

To: neverdem

You write sad truth neverdem. There would be no argument for the left at all if they would just stop deliberately misinterpretting the 2A.

Similar youth as you, and no hearing protection either.


27 posted on 11/23/2011 3:30:58 PM PST by Blue Collar Christian (Let's roll on this gunwalking thing already! NRA <BCC><)
[ Post Reply | Private Reply | To 17 | View Replies]

To: editor-surveyor; W. W. SMITH; neverdem; Blue Collar Christian
Earlier than that, pre-m14 too. (”Current rifle of the US armed forces” per the ad)

I went through Marine Boot Camp in 1960 and we were issued brand new M1 Garands. We kept them until 1963 when we were issued M-14s.

If you have an interest at all in an M1 Garand check out CMP for rifles and ammunition. They probably have the best deals going unless you know someone willing to let one go below market price. CMP has Garands in varying condition starting at $495. Feedback on their forum is excellent.

Civilian Marksmanship Program (CMP) Sales and Catalog


28 posted on 11/23/2011 4:54:03 PM PST by Vlad The Inhaler (Ben Raines For President)
[ Post Reply | Private Reply | To 25 | View Replies]

To: AdmSmith; AnonymousConservative; Berosus; bigheadfred; Bockscar; ColdOne; Convert from ECUSA; ...

Thanks neverdem.


29 posted on 11/23/2011 9:52:57 PM PST by SunkenCiv (It's never a bad time to FReep this link -- https://secure.freerepublic.com/donate/)
[ Post Reply | Private Reply | To 17 | View Replies]

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson