I had covered this act (H.R. 38 and H.R. 4477) here, albeit briefly. I was skeptical. Now I’ve read the bill, and I’m even more skeptical and I have begun to trust my initial inclinations on things like this. I’ve covered gun rights and politics long enough to know a turd pile when I smell it.
This opinion will place be squarely out of accord with 99% of gun writers and analysts, and much of the gun community, but I’m okay with that. We’ll see who was right, and if I’m wrong I’ll say so when proven so.
Reddit/r/firearms is simply giddy over this, as are most in the gun community as best as I can tell. The active thread is here. I actually read the bill before recent amendments, and the bill as passed can be located here. Not much has changed with the amendments.
The first thing I’ll observe is that meeting the stipulations of the alleged “fix” of the NICS will be onerous and detailed, and will absolutely required a huge bureaucracy along with a permanent electronic system of prohibited persons managed and adjudicated by bureaucrats. The details are too numerous to outline here, but go read the bill for yourself and make your own decisions. I don’t like this aspect of the bill.
NOTE: [David Codrea sent me a note and asked me, “Where is the bump stock wording?” My answer: It was apparently removed by amendment. It is in the draft bill. Thanks to David for the correction. I missed its removal. I’m trying. It’s difficult to keep up.]
The second thing I’ll observe is that they throw bump stocks under the bus. I neither have a bump stock nor am I inclined to purchase one, but if I did want one in the future, bump stocks will (I suspect) either be illegal or an NFA item. The bill requires the attorney general’s office (he’ll assign it to lawyers in the DoJ) to study bump stocks and report back on why they shouldn’t be controlled like machine guns.
I said earlier that “I do not support any bill, ever, under any circumstances, for any reason whatsoever, that includes more gun laws. I do not believe in compromise.” I maintain my position, and I oppose “throwing anything under the bus” or sacrificing anything else to the god of the state like pagans sacrificed children to Baal.
Perhaps the most problematic thing to me about this whole effort is the way it reads straight out of the gate. Consider the following language.
‘‘(a) Notwithstanding any provision of the law of any State or political subdivision thereof (except as provided in subsection (b)) and subject only to the requirements of this section, a person who is not prohibited by Federal law from possessing, transporting, shipping, or receiving a firearm, who is carrying a valid identification document containing a photograph of the person, and who is carrying a valid license or permit which is issued pursuant to the law of a State and which permits the person to carry a concealed firearm or is entitled to carry a concealed firearm in the State in which the person resides, may possess or carry a concealed handgun (other than a machinegun or destructive device) that has been shipped or transported in interstate or foreign commerce, in any State that—
(1) has a statute under which residents of the State may apply for a license or permit to carry a concealed firearm
Think hard about this. Why is it necessary to include the language stipulating that this is for states that have a statute under which residents of the state may apply for a license or permit to carry a concealed firearm?
The answer of course is that it isn’t necessary. They could have stopped without even including that stipulation. You mark my words on this. This will be the subject of endless court deliberations, endless contradictory bureaucratic rulings, endless AG interpretations, and endless arrests of concealed carriers across state lines.
So how many permits to carry have been issued in Hawaii? How many permits to carry have been issued in New York, Connecticut or Massachusetts to holders who weren’t retired LEOs? Is it possible for Maura Healey to decide that if her state doesn’t really do that sort of thing for regular people, you know, the peasants like you and me, then her state isn’t subject to this law?
You bet it is, and it will happen. But the language is there, right up front, and it didn’t have to be. It could have been omitted entirely and still have accomplished everything it needed. And it will go through endless appeals, and the SCOTUS will not – I repeat, WILL NOT – take up the cases. This will all lead to endless fund raising emails and flyers from the NRA to fight the good fight in endless court battles. Speaking of the NRA, they have really staked out an awful position with their name calling and the ugliness with which they are treating fellow gun groups.
“We are in the thick of the legislative process and a so-called ‘pro-gun group,’ which is nothing more than a fundraising entity, is spreading lies about the FIX NICS legislation that was attached to the Concealed Carry Reciprocity Act,” Lars Dalseide, a spokesperson for the NRA’s Institute for Legislative Action, told the Washington Free Beacon. “Their talking points are nothing but lies. Unfortunately, they are misleading well-meaning members of Congress with these false and inaccurate talking points.”
Differences of opinion and different interpretations aren’t lies, sir. Are you calling me a liar? Or stupid? I have very strong opinions on this piece of legislation, and I’m willing to say I’m wrong if proven so in the future. I’ve never once heard that from the NRA.
I suspect that no one who is permitted to carry in North Carolina or Texas will ever legally carry in New York, Massachusetts, Connecticut or Hawaii under this bill. That is, if the Senate passes such a bill, which I doubt. It may pass something worse, and deliberations in committee may even water down what little good is there about the right to carry on federally controlled lands.