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The Cards are Being Dealt

We have at least one gun control bill introduced in Congress.  Thanks to Jdude for bringing this to my attention.  Introduced by Congressman Rush, called HR45.  It is a bill that mandates licensing, registration and safe storage for handguns and semi-automatic rifles with detachable magazines.  It also provides for inspection, so you surrender your fourth amendment rights by being licensed.  It also requires reporting of Lost and Stolen firearms, and you must inform the federal government if you change addresses.

Normally, I’d tell everyone not to worry too much, because it’s probably not going anywhere, but we can’t take anything for granted in this Congress.  Right now the bill has no co-sponsors, and has not been scheduled for a committee hearing, so it is no threat right now.  But we should keep an eye on it.  There is also the risk that Rush gets pieces of his bill attached as amendments to other bills on the House floor.  The problem with this Congress is, if the Democrats were to decide that HR45 is the hill they want to charge up, we’re going to be hard pressed to stop them from taking it.  In my last post I mentioned that NRA prefers not to take high risk gambles it doesn’t have to.  If this bill goes anywhere they will have to gamble on stopping this one.   But the hope is the Democrats know it’s a high risk gamble too, and will also be wary of taking it.  My interpretation is that this isn’t good ground for the Democrats to fight us on, so they aren’t likely to.  But it’s a card on the table, and we have to be mindful of that.

43 Responses to “The Cards are Being Dealt”

  1. Dave thA says:

    It also bans personal sales / transfers of firearms except to family members…

    Inspection is mentioned for commercial operations only.

    What worries me more is the provision to keep access of firearms from under 18s – there is no mention of lawful use except for self-defense. It would seem to preclude taking the kids to the range to shoot… (see page 20)

  2. I like this part:

    (4) because the intrastate and interstate trafficking of firearms are so commingled, full regulation of interstate commerce requires the incidental regulation of intrastate commerce;

    In other words, “yeah, we know Congress is not empowered to regulate intrastate Congress (as if that has ever stopped them), but since it’s so difficult for us to distinguish intrastate and interstate commerce, we’re just gonna have to regulate ’em both, even without any Constitutional authority to do so.”

  3. I meant ” . . . not empowered to regulate intrastate commerce,” not “Congress.” Oops.

  4. Hypnagogue says:

    By stating that intrastate and interstate commerce in arms are comingled, are they declaring GCA68 a dead letter? I see an affirmative defense here.

  5. Carl in Chicago says:

    I wonder if Rush’s bill will have trouble in the Senate … that place he called “the last bastion of racial plantation politics.”

    Bobby Rush, the epitome of honesty and honor in the US Congress.

    At any rate … no, I don’t think his bill will go anywhere.

  6. Tom says:

    I wonder if this was another NRA written piece to head off the dems anti-rights movement?

  7. Carl in Chicago says:

    Tom, I am uncertain what you mean by that. It makes no sense.

  8. USMCBulldog says:

    The section on Inspection in HR45 says that they can come in during “normal business hours” to anyplace where the firearms are bought, sold, or STORED. That’s your HOUSE in case you were not paying attention. They won’t need a warrant to search your house because you have to give up your rights under the 4th Amendment in order to become “licensed”. Read the section again and notice that it does not restrict the inspections to just gun stores – that is what is ASSUMED but that is not what is written in the bill.

    This particular bill is likely a diversionary attack to draw our attention away from the flanking attack they are planning to launch via Carolyn McCarthy’s expanded AWB2. Keep your eyes open – these traitors have to be watched very closely. They WILL try to get something passed as fast as possible and they KNOW they can count on the RINO’s to vote for the AWB because most of them already did – some of them TWICE!.

  9. Sebastian says:

    That was my reading of it too Bulldog. If you had a license, and stored firearms, you could be liable for inspection. It doesn’t specifically limit the reach of that section to businesses.

  10. Jdude says:

    Tom, the NRA had nothing to do with the piece. I discovered HB 45 through ARFCOM and passed it on to Sebastian. The NRA probably knows about this bill but since it has zero cosponsors it is probably on a watch, rather than act, status for the NRA.

    The other possible interpretation of your writing is that you believe the NRA wrote the bill as a poison pill for the Democrats to swallow and subsequently fall ill. I doubt that to be the case.

  11. Matt says:

    I never posted on this because it isn’t new. Bobby Rush introduced this bill as HR.2666 back in 2007 under the same name. It got 16 co-sponsors and never went anywhere.

    This is a wish item and it reinforces my view on gun registries being illegal since this bill contains language to specifically repeal 18 USC 926(a).

    We need to watch it but this is posturing. More power to the Democrats to ram this through since it would put their motives out in the open.

  12. Carl in Chicago says:

    Bulldog … or this abomination will be re-introduced. Bet on it. And note that the sponsor and 4 co-sponsors have an “R” behind their name … and the chief sponsor is another Illinois congressman.

    Illinois seems to be taking shape as the epicenter of gun control legislation … and I can’t help but think some of that has to do with all this Joyce Foundation money up here.

    http://www.govtrack.us/congress/bill.xpd?bill=h110-6257

  13. Carl in Chicago says:

    But with John Conyers as chair of the Judiciary Committee, Rush’s bill will never see light of day … ;-(

    And by the way, look what Conyers introduced on 6 January 2009. This is going to be an interesting four years.

    H.R. 40
    The Commission to Study Reparation Proposals for African-Americans Act, establishes a commission to study the institution of slavery and its lingering effects on modern day society.
    Co-sponsors: Nadler, Scott, Gutierrez, Cohen

  14. ATL says:

    “(4) because the intrastate and interstate trafficking of firearms are so commingled, full regulation of interstate commerce requires the incidental regulation of intrastate commerce;”

    This sounds like the Achilles heel of the legislation and grounds for it to be overturned from the Judiciary. This sounds like a blatant attempt (yes another one!) to undermine the 10th amendment. I believe this stink bomb will be a bit too much for the Dem’s to want let loose. It still needs to be watched- agreed.

  15. Stan says:

    To bulldog and sebastion you missed the bolded part

    1 during regular business hours, enter any place in which
    2 firearms or firearm products are manufactured, stored, or
    3 held, for distribution in commerce, and inspect those areas
    4 where the products are so manufactured, stored, or held.

  16. Sebastian says:

    Stan:

    You’re right about that. My bad.

  17. FredK says:

    Bobby Rush? isn’t this the former Black Panther? talking about ………… oops…… there is my alarm clock, I need to wake up now. Man… what a dream.

  18. moorcat says:

    First this bill is unconstitutional, so even if it did stand a chance in hell of being passed, it is unenforceable.

    More importantly, though, is that this bill is one of the thousands of bills that will never even make it out of a committee. If I had to guess, I would say that this bill was submitted by some wacko legislator that was trying to keep some section of his/her constituancy happy. That person can no go back to that constituancy and say “See, I tried to get what you wanted” and then laugh all the way to the bank….

    There will be no significant federal legislation in the next two years impacting gun rights… period. The ink on Heller is still wet and the political landscape is too gun friendly. If you want to worry about gun rights, turn your sites on your local and state government critters…. which in Montana, we don;t have to worry all that much about…

    Moorcat
    Montana Bullets and Blades

  19. Sebastian says:

    First this bill is unconstitutional, so even if it did stand a chance in hell of being passed, it is unenforceable.

    Explain to me how it’s unconstitutional when you already have federal licensing for a lot of commercial activity involving guns. I mean, I don’t really disagree with you, but cite me court precedents that say it’s unconstitutional. Heller said commercial regulation of firearms was acceptable.

    But aside from that Moorcat, I agree with you that this bill is likely not going anywhere. But that’s not to say others won’t.

  20. Carl in Chicago says:

    I can’t speak to the bill’s constitutionality, but Heller stated that regulations on the commercial sale of firearms was presumptively lawful. It said no such thing regarding the private sale of arms.

    Regarding this bill, H.R. 45 is pretty much the same as the H.R. 2666 from 2007, also sponsored by Rush. It was co-sponsored by 16 other representatives, including Obama’s chief of staff, Rahm Emmanuel.

    Other co-sponsors:
    Rep. Dennis Kucinich [D-OH]
    Rep. Yvette Clarke [D-NY]
    Rep. Charles Rangel [D-NY]
    Rep. Alcee Hastings [D-FL]
    Rep. Jesse Jackson [D-IL]
    Rep. Edolphus Towns [D-NY]
    Rep. Chaka Fattah [D-PA]
    Rep. Bennie Thompson [D-MS]
    Rep. Fortney Stark [D-CA]
    Rep. Barbara Lee [D-CA]
    Rep. Rahm Emanuel [D-IL]
    Rep. Danny Davis [D-IL]
    Rep. Elijah Cummings [D-MD]
    Rep. Albert Wynn [D-MD]
    Rep. Luis Gutiérrez [D-IL]
    Rep. John Larson [D-CT]

  21. Sebastian says:

    Carl:

    I’m not really trying to make the case that it’s constitutional. I don’t think it is. But that’s me. What I was looking for from our commenter is show me what makes you so absolutely sure the courts will rule that way? Practically, Heller means you can keep some kind of a pistol in your home. That’s about it. If you’re going to come on the blog and say we’re nuts for thinking gun control is coming, you better be able to back that up with knowledge, and I suspect our commenter cannot.

  22. moorcat says:

    I didn’t say that gun control isn;t coming.. I simply said that it probably won;t be from congress. As I said, the ink is still wet on Heller and most Congress Critters aren’t going to try to ride that horse anytime soon. I do believe that some states are going to take Heller and use it to mandate gun restrictions or hightened registration on the state, county or local level, though. I said as much in my post. In my opinion, that is where we should be focusing our efforts…

    I really have an issue with the seeming mass hysteria in the gun community about Obama winning the election. Gun sales have increased an average of 37% since the election and while I am thrilled to see that many new gun owners, it has also driven the price of certian types of firearms as well as ammunition (pretty much across the board) to rediculous levels. Hell, a brick of .22 ammo at the local gun store has gone from 11$ to 16$ – not because sales in Montana have gone up (they have remained pretty static) but because the suppliers have been hit so hard.

    Hysteria like this makes the suppliers rich, the lobbies rich and the Congress Critters rich but it hurts us – the gun enthusists….

    Moorcat
    Montana Bullets and Blades

  23. USMCBulldog says:

    The “for distribution in commerce” language is precisely the entire premise of this bill. You know..interstate/intrastate COMMERCE. It’s why this bill says they can force ordinary people and not just dealers to get a license so they can keep an eye on all those evil guns that end up in ….yup, COMMERCE. I am merely putting on my ATF glasses and reading it as they’d enforce it…

  24. Doc says:

    Gee really ya think that a president that is so anti gun, that just reversed the ban on funding for international abortions including live birth and partial birth abortions – in other words allows U.S. government funding for the murder of innocent babies to countries that use it for population control, won’t usurp your right to keep and bear arms?…….. wake up america its coming……..

  25. Doc says:

    and futhermore if/when you resist said law you shall be deemed a homeland terrorist by the police ,who, with their, we don’t make the laws, we only enforce them – Nazi goon mentality shall place you in a facility for terrorist crimminals and the news media will back them up, your friends and neighbors will desert you because most of them are cowards that will do anything they are told to do by the state, and, you will be alone…… and if you don’t like it why – they’ll burn your house down and find you guilty you arsonist!…..ya its coming

  26. Jo Walker says:

    This bill takes the cake. Obama has signed more Executive Orders in his first 7 days in office than any other President in history. Though he said, “I won’t be coming after your guns” we all know that he has lied from day one.

    An unarmed citizenship is a slave to the government of the country in which they live.

    For too long now, we have remained silent. Sure we have the special interest groups and representatives that we have allowed to speak for us, but in essence, those said representatives have back pockets which can be stuffed. When stuffed enough, they will turn against those who have put them in their position of representative.

    It is time that WE the people start speaking up! When all the voices are heard then the government has no choice but to listen for fear that their true agenda will be discovered.
    History has shown that when a journey begins with a single step and one voice. IT is then joined by many voices taking all the steps to get noticed.

    The NRA is good, some representatives are good, but they won’t be heard as loudly as all the voices of all the people.

    We must hold on, move forward, and act in strength utilizes the rights under our Constitution and most importantly holding fast to the DELCARATION OF INDEPENDENCE.
    Does that mean revolution? Only God knows.
    But how many people are willing to take the stand needed to stop this type of tyranny?

  27. Doc says:

    tis a fact that no less than 6 of my distant relations signed the declaration of independence, we lived up the creek from Davy Crocket (big limestone creek tenn.) and at least one of my family or close relations has fought in every single war that this country has ever had,I myself fought in vietnam (1st cavalry 3rd Bde, 2/8th); the revolutionary war started because a british general wanted to conficate the minutemans firearms at concord……..I don’t care what congress or president buckwheat says about it, or what law they makes again it, I ain’t a gonna do it…..I am willing Mr. Jo Walker

    when the government fears the people its called freedom – when the people fear the government its called tranny
    JFK

  28. Doc says:

    thats tyranny – sorry typo) ; and I don’t mean to appear as a racist for the “president buckwheat” remark (but I still thought it was funny), what I said about my family is true and its true the first shots of the revolution were fired at concord and lexington because the British general demanded the americans guns, the NRA will probably sell out on HR 45 and stab us all in the back under the pretense of whatever…., I do suggest that all of you prepare for the worst case in this matter as this bill will quietly sail through congress and become law as we all blink……..

  29. Juliet says:

    I think that before there is a full scale attack on the 2nd ammendment (which I do believe is comming) The radio talk media must first be silenced. Look for a return to the “Fairness Doctrin” and since were discussing the “Fairness Doctrin” (which sounds to me to be a violation of the 1st ammendment ) I’d be curious to see if the fairness doctrin with a boost from some liberal God hating atheist wasen’t also applied in time to the radio avangelist / religious brodcasts.etc. under that old refrain of “seperation of church and state” (I mean if your going to screw with the first ammendment might as well go hole hog/)

  30. Doc says:

    the congress will pass this bill and Obama will sign it into law, they will erect a multitude of new offices (declaration of independence) to encumber you or restrict you under one pretense or another from ever owning a gun in the first place – and – you will obey said law or you will be arrested by the police who will enfore the law – you will be labeled a homeland terrorist by the media, convicted in their kangaroo court and incarcerated, and don’t count to much on your firends to help you most of them are cowards anyway and in fact they may turn you in “for your best interests”, so you will be alone, its that simple, you and I must make that same decision as our founding fathers did at lexington and concord when the british made a similar law to conficate the peoples guns and demanded them to be turned over………..

  31. Griz says:

    We’d better keep a sharp lookout here. The Heller dagger will allow this if it once gets in, at least some of it as “reasonable restrictions”. These people are obviously trying to start the feud early and will likely sneak anything by they can to disconcert or dissuade firearms ownership for any reason. From what I’ve seen and heard, this was the first bite that they took from Britain. Look where they are now. I won’t go there, ever.

  32. Doc says:

    you will obey the law or you will be arrested and sent to prison, Mr. Moorcat I am sympathic to your view here but the fact is that they often pass and enforce laws that are unconstitutional (the DC gun law was enforced for over 30 years before it was adjudicated by the supreme court as unconstitutional) they will pass this law for the reasons that they have pretended it for, and then they shall erect a multitude of new offices to encumber anyone from ever owning a firearn again, you and I will obide by it or we shall be arrested for violating the law, I ask you people on this forum right now ,just how much are you willing to sacrifice for your belief in the right to keep and bear arms without their license, regulations and encumberments – if you say Yea you are now an enemy of the state, and this one will cost you your life so lets hear what you all have to say one by one on this forum …….our founding fathers made that decision at concord and lexington, I fought in vietnam – I vote Yea

    Doc

  33. Doc says:

    I thought so!, after putting the question to this forum, it appears that I am the only one on this forum that would sacrifice his life to fight for freedom, …………our founding fathers were willing to give their lives for the rights and liberities we now enjoy. they pledged their lives their fortunes and their sacred honor when they signed the declaration of independence, and would have been executed for high treason had they of been caught, all for what they believed in, and for the freedom they gave us paid with their blood…..your all cowards on this forum, and people like you don’t deserve freedom……..

  34. Doc says:

    it probable that this bill won’t pass anyway, i just wanted to see how many of you so called good americans would actually stand and be counted if it came to more than just talk……..

  35. HappyGilmore says:

    They will come for my guns, but I won’t give them up. We expect our soldiers to fight to uphold our so called freedoms, and I have no issues doing the same. Unfortunately, it may happen in my own front yard.

  36. Doc says:

    I’m with you and you won’t be alone – just watched happy gilmore on TV this morning I think that was his best movie

  37. Alhefner says:

    Rush and cronies are of the “Government as parent” school. In this they feel that every detail of human life should be regulated by the government.

    In order to further that cause, they know that they must convince the public that they have “much to fear” and the government can and will take to bad things away.

    Using any single, or even multiple, crime committed with a firearm, they then try to convince the ignorant that removing all firearms will make such crimes impossible to commit.

    What they will NEVER volunteer is the truth that proves the lie. The very fact that in every instance where firearms restrictions were mandated in the U.S., violent crime increased! The use of firearms in crime went increased! In every instance where firearms ownership increased, violent crime rates decreased. Every time, without exception.

    Unless a congresscritter is speaking of teaching people how to hit the target, the words “gun control” escaping from his lips should equal political suicide.

  38. Doc says:

    i have seen some of the major newspapers already prepping the public mindset to help this (or similar) gun bills pass, they will run headline stories about rampaging mental cases shooting and killing as if nobody else that ever owned a gun ever shot someone, this will facilitate a law against anyone that has ever had a so called mental disability from ever owning a gun….. including all veterans with PTSD (about 50% of all vets) and anyone whomsoever that has been treated for depression (about 25% of all americans have some type of depression or insomnia etc.)……….this is the usual manner of deception employed for passing unconstitutional laws

  39. gunner says:

    all i have to say is that i would rather die a free man than to live a slave! so yes i would gladly fight and die for our rights and the freedom of our children!

  40. Doc says:

    about 20-50% of our kids have been treated with the drug riddlin (through/because of the public school system) for ADD – and because this is on their medial records they will never be allowed to own a gun either under HR 45, so you have all veterans with PTSD (or anyone else) anyone treated for insommina or depression or any kid ever treated for ADD, if you have ever received a drug of any kind like valium etc. you will also be refused gun ownership……..the media in ca. was showing drive by shootings and violent crime on TV every day as though it was right outside your door – we blinked while the legislature passed the 3 strikes law, we all thought it was for violent crimes, until we found out it was for any crime at all, and that they enhance a non violent mistomeaner to a felony to make you elegible to be a 3 striles case, so now you have people doing 25 years to life for stealing a slice of pizzia or a bicycle…….thats whats coming in america

  41. gunner says:

    i am ready for a uprising in this country. our rights are being taken away left and right. small things just like i can’t even cut down a tree in my own yard witout a damn permit, for gods sake it my own damn tree. i’m also sick of not being able to find a job in my country because of ileagal immagrants are freely coming across our bordars in a mass invation. we should have every available national gaurd on the boarder stoping this. and where is my voice in washington to stop all of this?!!

  42. gunner says:

    why can’t we stand and defend ourselfs. we are the ones that rule this country. the constitution says “by the people for the people” obama, nancy, and harry does not tell the people what to do, we tell them what to do. wake up we are living in a republic not a democracy. the rights of the induvidual out whieghs the rights of the majority. so stand up. and fight now.!!!

  43. John Brushmaker says:

    Doc,
    In reference to you invitation to join in protesting the attempt at restricting our 2nd Amendment rights. I join with you in a loud Yea!
    I just found this board while researching HR 45. Whether or not it passes is immaterial, the fact that (in a previous incarnation) it garnered 16 cosponsors is frightening…. and it is not the only assault… Google “Ammunition Tagging” …. or look at OSHA’s docket concerning “Explosives”. And now, Obama has appointed Eric Holder as Attorney General… and avowed enemy of the 2nd Amendment. It is coming…It sounds as if you (Doc) are ready… so am I. How many other readers are? Consider carefully before you declare. It could mean your liberty.

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