The NRA-ILA notes:

Representatives Steve King (R-Iowa) and Zach Space (D-Ohio), have introduced H.R. 4900 the “Bureau of Alcohol, Tobacco, Firearms and Explosives Reform and Firearms Modernization Act of 2007.” The bill would roll back unnecessary restrictions, correct errors, and codify longstanding congressional policies in the firearms arena. This bipartisan bill is a vital step to modernize and improve BATFE operations.

Of highest importance, H.R. 4900 totally rewrites the system of administrative penalties for licensed dealers, manufacturers and importers of firearms. Today, for most violations, BATFE can only give a federal firearms license (FFL) holder a warning, or totally revoke his license.

H.R. 4900 would allow fines or license suspensions for less serious violations, while still allowing license revocation for the kind of serious violations that would block an investigation or put guns in the hands of criminals. This prevents the all-too-common situations where BATFE has punished licensees for insignificant technical violation—such as improper use of abbreviations, or filing records in the wrong order.

Among its other provisions, H.R. 4900:

* Clarifies the standard for “willful” violations—allowing penalties for intentional, purposeful violations of the law, but not for simple paperwork mistakes.
* Improves the process for imposing penalties, notably by allowing FFLs to appeal BATFE penalties to a neutral administrative law judge, rather than to an employee of BATFE itself.
* Allows a licensee a period of time to liquidate inventory when he goes out of business.
* Allows a grace period for people taking over an existing firearms business to correct problems in the business’s records—so if a person inherits a family gun store (for example), the new owner couldn’t be punished for the previous owner’s recordkeeping violations.
* Reforms the procedures for consideration of federal firearms license applications. Under H.R. 4900, denial of an application will require notification to the applicant, complete with reasons for the denial. Additionally, an applicant will be allowed to provide supplemental information and to have a hearing on the application.
* Codifies limits on disclosure of firearms trace data—which Congress has already limited through a series of appropriations riders over the past three years, out of concern for gun owners’ privacy and the confidentiality of law enforcement records. The provision would still allow law enforcement agencies full access to trace data for bona fide criminal investigations.
* Requires BATFE to establish clear investigative guidelines.
* Clarifies the licensing requirement for gunsmiths distinguishing between repair and other gunsmith work and manufacture of a firearm.
* Prevents disclosure of information in FFL records outside of law enforcement agencies.
* Focuses BATFE’s efforts on violations of firearms, explosives, arson, alcohol and tobacco laws, rather than on broader areas such as gang or drug investigations.
* Eliminates a provision of the Youth Handgun Safety Act that requires those under 18 to have written permission to use a handgun for lawful purposes (such as competitive shooting or safety training)—even when the parent or guardian is present.
* Permanently bans taxes or “user fees” on background checks by the federal instant check system—fees that Congress has prohibited in annual appropriations riders since 1998.
* Permanently bans creation of a centralized electronic index of dealers’ records—a threat to gun owners’ privacy that Congress has barred through appropriations riders for a decade.
* Allows importation and transfer of machineguns by firearm and ammunition manufacturers for use in developing or testing firearms and ammunition. In particular, ammunition manufacturers fulfilling government contracts need to ensure that their ammunition works reliably.
* Allows transfer and possession of machineguns for use by federal security contractors. Additionally, H.R. 4900 provides for the transfer and possession of machineguns by professional film and theatrical organizations.
* Repeals the Brady Act’s “interim” waiting period provisions, which expired in 1998.
* Gives BATFE sole responsibility for receiving reports of multiple handgun sales. (Currently, dealers also have to report multiple sales to state or local agencies, a requirement that has shown little or no law enforcement value.)
* Restores a policy that allowed importation of barrels, frames and receivers from non-importable firearms, when they can be used as repair or replacement parts.

Good. I particularly like the importation of machinegun bit because:

the lack of a market creates is there will be no new rifle for the military developed in the US. US gun makers (except for Colt) rely heavily on the civilian market. No one is going to develop the next assault rifle unless they can immediately make money off of it and US military contracts are way off in the future. Sure, there’s the occasional smaller company that caters to them but they seem to do so more from a hobbyist standpoint than a business standpoint.

And I like lifting the import restrictions. Actually, not much I don’t like.

Via ridefast, comes The Wandering Minstrel. Despite his left-leaning bias, he asks:

Did you know that since 1991, the number of privately owned firearms in the U.S. has increased by 65-70 million, the number of right-to-carry states has increased from 15 to 40, and violent crime has decreased 38%?

A repeat of last year at Christmas time:

To Nintendo: Seriously, guys, make more Wiis. I want one but I’m not standing in a line or calling Wal-Mart every day to get one. I got money. Get me a Wii.

Seriously, it’s been a year and I have yet to see one in a store. Nintendo, stop spending money advertising the Wii and spend that money making more Wiis.

Bitter has info on Romney’s support from a NRA board member.

I was out of pocket when the news broke. So, I’ll round up what everyone else said.

The NRA:

After months of careful negotiation, pro-gun legislation was passed through Congress today. The National Rifle Association (NRA) worked closely with Senator Tom Coburn (R-Okla.) to address his concerns regarding H.R. 2640, the National Instant Check System (NICS) Improvement Act. These changes make a good bill even better. The end product is a win for American gun owners.

Late yesterday, anti-gun Senator Ted Kennedy (D-MA), failed to delay progress of this pro-gun measure. The Violence Policy Center, the Coalition to Stop Gun Violence and other gun control and gun ban groups are opposed to the passage of this legislation because of the many pro-gun improvements contained within.

Some highlights from the bill:

* Permanently prohibits the FBI from charging a “user fee” for NICS checks.

* Requires all federal agencies that impose mental health adjudications or commitments to provide a process for “relief from disabilities.” Extreme anti-gun groups like the Violence Policy Center and Coalition to Stop Gun Violence have expressed “strong concerns” over this aspect of the bill—surely a sign that it represents progress for gun ownership rights.

* Prevents reporting of mental adjudications or commitments by federal agencies when those adjudications or commitments have been removed.

* Requires removal of expired, incorrect or otherwise irrelevant records. Today, totally innocent people (e.g., individuals with arrest records, who were never convicted of the crime charged) are sometimes subject to delayed or denied firearm purchases because of incomplete records in the system.

* Provides a process of error correction if a person is inappropriately committed or declared incompetent by a federal agency. The individual would have an opportunity to correct the error-either through the agency or in court.

* Prevents use of federal “adjudications” that consist only of medical diagnoses without findings that the people involved are dangerous or mentally incompetent. This would ensure that purely medical records are never used in NICS. Gun ownership rights would only be lost as a result of a finding that the person is a danger to themselves or others, or lacks the capacity to manage his own affairs.

* Improves the accuracy and completeness of NICS by requiring federal agencies and participating states to provide relevant records to the FBI. For instance, it would give states an incentive to report those who were adjudicated by a court to be “mentally defective,” a danger to themselves, a danger to others or suicidal.

* Requires a Government Accountability Office audit of past NICS improvement spending.

Nothing in there about disarming veterans, which is what GOA will tell us if they haven’t already.

Sebastian noted that the ATF reform bill may be combined with the NICS improvement. Not sure that happened but I hope it did.

He notes that the NICS bill passed in the senate and discusses details of the bill. Quite a few provisions addressing restoration of rights, such as funding programs.

As the GOA is to the NRA, the VPC is to the Brady Bunch. Seems they think the Brady Bunch is now the gun lobby. They take issue with the bill because of quite a few issues:

This bill was intended to be Congress’ response to the mass shooting at Virginia Tech that left 32 people murdered. But rather than focusing on improving the current laws prohibiting people with certain mental health disabilities from buying guns, the bill is now nothing more than a gun lobby wish list. It will waste millions of taxpayer dollars restoring the gun privileges of persons previously determined to present a danger to themselves or others. Once a solution, the bill is now part of the problem.”

But no one noticed except us pro-gunnies who kinda like the though of Kristen Rand crapping herself.

Ahab has more and notes:

Here’s what Carolyn McCarthy said: “Together, we have crafted a bill that will prevent gun violence, but maintain the Second Amendment rights of law-abiding citizens” to bear arms.”

I’m not opposed to the bill. It is a giant band aid with quite a few pro-gun improvements. I concur with John Lott who says:

The irony is if this legislation had been in effect it would have had absolutely no impact on the Virginia Tech shooting.

Update: BTW, The Brady Campaign to Prevent Gun Ownership supported the bill too. Seems rather odd that the best Brady can accomplish these days at the federal level is a bill supported by the NRA.

Update 2: Being spun as a gun control bill, which it is not.

And the National Shooting Sports Foundation likes the bill too.

I like it when unclisms appear at other places, particularly offline.

Always seems to happen after a shooting, doesn’t it? In other news, you need a permit to buy a handgun in Nebraska?

What happened to the press? Did anyone not sit back and say wait a minute, this is overreaching? I guess it happens when the press is as much a part of the establishment as, well, the establishment.

What do I think we should do? Here’s a hint:

Kinda funny. But Bloomberg has his panties in a bunch over frivolous lawsuits.

Kevin’s written a long one entitled that. Go read and take a lunch. Or, do what I’ll do, and actually read it while eating lunch.

Interesting reading is the testimony of the president of the NRA to congress prior to the 1934 National Firearms Act. The original NFA would have classified all handguns and all semi-automatics that held more than 12 rounds as NFA weapons subject to taxes etc. Seems the original NFA prior to NRA’s suggestions is very similar to the classification that Washington DC uses to define machine guns.

Joe reports that Microsoft, Google, and Yahoo have to shell out megabucks to settle a suit that they promoted gambling. And by promote, they mean sold ads too companies that offer online gambling. Ya know, I watched the World Series of Poker on ESPN and every commercial break had an ad for an online gaming site.

Reader Tommy emails his senators’ letters on the confirmation. More of the same. They are below the fold.

Read the rest of this entry »

I got in the car to run an errand and the radio was still on the local talk radio. Some guy I’ve never heard of was pinch-hitting for Boortz or Limbaugh or some such. He was going on about the presidential race so I listened. He stated the various candidates position on the economy and how too many people want the .gov to intervene on this or that. Then he said this:

Folks, there is no Department of Happy.

Heh.

Bad Bad Ivy emails some nifty crafts. A gun shaped purse, which I confess doesn’t seem to be a good idea. And how to make a paper AK-47.

Don’t tase me, Bro is #1, but I personally like #6.

Fred Thompson:

I consider good gun control as a real steady aim.

This time, in VA:

Virginia is the third state to sign on to the friend-of-the-court brief

Anyone heard from Tennessee’s AG? You can pester him here.

Instead of pulling over people to reward their good behavior, pull over people that are actually, you know, breaking the law. Pure idiocy.

Go to the foreign press to learn that:

A recent poll conducted by Zogby International for Associated Television News shows that voters value the endorsements of the National Rifle Association, by former President Clinton and President George W. Bush over influential organizations like the AFL-CIO and the National Council of LaRaza or celebrities Oprah Winfrey and Barbra Streisand.

As to the numbers:

Nat”l Rifle Assoc. 27 %

Bill Clinton 25%

George W. Bush 23 %

AFL-CIO 16 %

Oprah Winfrey 9 %

Nat”l Council of LaRaza 5 %

Barbra Streisand 4 %

Per Google News, nothing in the American press.

Rules 1, 2 and 4, goddammit.

The rules.

I’ve covered the issue many times. Now, the press is covering how Bill Akins has been bankrupted by inconsistencies from the ATF:

More than five years later, Akins is teetering on the verge of bankruptcy.

His business partner has severed ties with his company. His investors have bailed. He has a warehouse in Oregon filled with more than $750,000 worth of useless stock. His reputation has been sullied by trade publications that once praised his invention.

He can’t afford to hire a lawyer to challenge the ATF’s ruling.

“They’ve destroyed my dream,” Akins said. “Eleven years of my life, gone like that.”

ATF officials stand behind their decision to outlaw the Akins Accelerator.

Drew Wade, an agency spokesman in Washington, said the ATF initially approved the device after test firing a prototype that Akins sent them in 2003.

Records indicate the prototype malfunctioned when it was tested and analyzed by a senior technician from the ATF’s Firearms Technology Branch, according to Wade. But the agency approved the Accelerator anyway, saying in a letter that it did not meet the criteria for a machine gun and, as a concept, was allowable under federal law.

“FTB has concluded that your submitted device is not designed and intended for use in converting a weapon into a machine gun,” Alcohol, Tobacco and Firearms officials wrote in a letter dated Aug. 23, 2005.

Wade said the agency reversed its position after someone who bought a fully functioning Accelerator requested another test firing.

And this time, he said, the mechanism worked.

Shortly after, federal regulators issued a new ruling: The Akins Accelerator is prohibited under the National Firearms Act and the Gun Control Act of 1968.

The article also notes the NRA’s lack of involvement in the case: Officials from the NRA and the National Sports Shooting Association, chief advocates for gun ownership in the country, weren’t willing to comment on Akins’ dilemma.

Read the whole thing.

Via Greg.

Tam: The Internet, much like Soylent Green, is people.

You do develop friendships in this blogging thing. And they seem to last a while. I’ve lost count of how many bloggers I’ve met and how many bloggers’ phone numbers on my cell phone. Blogging is a great way for like-minded people to meet, communicate, and share ideas. Plus, you know, we can be active in groups such as The Triangle of Death.

Rustmeister wrote a letter. He got a response, which isn’t much of a response.

I don’t know what you are but I like it.

From the AP’s candidates on the issues:

GUN CONTROL:

DEMOCRATS:

_Clinton: Voted for ban on assault-type weapons and to require background checks at gun shows. Favored leaving gun-makers and dealers open to civil suits. Also, in 2000 supported proposals for a federal requirement for state-issued photo gun licenses, as well as a national registry for handgun sales.

_Edwards: Voted as North Carolina senator for ban on assault-type weapons and to require background checks at gun shows.

_Obama: Voted to leave gun-makers and dealers open to suit. Also, as Illinois state lawmaker, supported ban on all forms of semiautomatic weapons and tighter state restrictions generally on firearms.

_Richardson: Signed into law a bill allowing residents to carry concealed handguns.

___

REPUBLICANS:

_Giuliani: Now says states should decide appropriate gun controls. As New York mayor and Senate prospect in 2000, favored variety of federal controls, including ban on assault-style weapons and waiting period for purchases. Also favored a federal mandate to register handgun owners and require handgun buyers to “demonstrate good moral character and a reason to have the gun.”

_Huckabee: Supports state laws allowing people to carry concealed weapons and a national “right to carry” law that would require states to recognize concealed weapons permits issued by other states.

_McCain: Voted against ban on assault-type weapons, but in favor of requiring background checks at gun shows. Voted to shield gun-makers and dealers from civil suits.

_Romney: As governor, supported state’s strict gun-control laws and signed into law one of the nation’s toughest laws against assault-type weapons. Also supported regulatory changes favored by gun owners and sellers, including setting up appeals process for people denied gun licenses. Previously supported federal ban on assault-type weapons and federal waiting period for purchases.

_Thompson: Hostile to many gun control proposals, including mandatory background checks at gun shows. Supported campaign finance changes that gun groups and other activists saw as an infringement of their speech rights.

Heh. Even the AP notes Giuliani’s flip.

New shooter report!

Unfortunate name given that it’s also based on the bogus research of Michael Bellisiles.

The Brady Campaign to Prevent Gun Ownership’s lawyer seems to know the impact Heller will have.

So, why haven’t they passed a law saying cancer must be cured by next year? I mean, since they have no issue legislating pipe dreams.