“The power under the constitution will always be in the people. It is entrusted for certain defined purposes, and for a certain limited period, to representatives of their own choosing; and whenever it is executed contrary to their interest, or not agreeable to their wishes, their servants can and undoubtedly will, be recalled.”

~ George Washington (1787)

Sunday, January 27, 2013

Second Amendment Legislation Roll Up

There are many problems facing our nation, and not just infringements or violations of the Constitution.  But this is an excellent example of just how Congress works, and and a possible method to help to focus your attention on a specific topic, while discussing (yet another) direct assault on the Constitution.

This listing was extracted from the POPVOX blog, and is a summary of legislation related to the Second Amendment, as of January 25th, 2013. There are 30 bills in this list; 25 are sponsored by Democrats, and 5 by Republicans.  Some Democrats have sponsored more than 1 bill; for example, Senator Lautenberg (D-NJ) has sponsored 4: S. 22, 33, 34, and 35 (Perhaps coincidentally, Senator Lautenberg has at least one Democrat seriously challenging him for the 2014 primary election). All of them further impinge upon the Second Amendment to some degree; a few are deceptive in how they do so.

In an example of both, Congressman James Moran (D, VA-8) is sponsoring HR 21, The NRA Members' Gun Safety Act: To provide for greater safety in the use of firearms.  But, according to the Firearms Policy Coalition:
H.R. 21 would extend the Brady Law background check procedures to all sales and transfers of firearms. The bill would also require the reporting of thefts within 48 hours; require that all states that allow residents to carry concealed firearms institute a permitting process requiring that the applicant demonstrate good cause for requesting a LTC and that the applicant is “worthy of the public trust” to carry a concealed firearm in public; and allow the Attorney General to deny the transfer of a firearm or deny a firearm (or explosives) permit to persons known or suspected of terrorist acts.
The text of the bill is consistent with the Coalition's statement, and with Congressman Moran's past legislative activities.  The bill is anything but Second Amendment friendly.  So it's worth noting that you need to read the bill before it's passed in order to know what's in it.

While the Republicans have fewer bills in the pipeline, those are consistent in supporting the Second Amendment to some degree:

  • House Resolution 40, House Resolution expressing that active duty military personnel who are stationed or residing in the District of Columbia should be permitted to exercise fully their rights under the Second Amendment to the Constitution of the United States.
  • HR 410, The Restore the Constitution Act: To provide that any executive action infringing on the Second Amendment has no force or effect, and to prohibit the use of funds for certain purposes.
  • HR 35, Eliminating ‘gun free zones’ in schools. To restore safety to America's schools. 
  • HR 133, The Citizens Protection Act: To repeal the Gun-Free School Zones Act of 1990 and amendments to that Act. 
  • S 82, The Separation of Powers Restoration and Second Amendment Protection Act: A bill to provide that any executive action infringing on the Second Amendment has no force or effect, and to prohibit the use of funds for certain purposes.

All of the bills are listed below the fold.  Sponsors are noted for each bill in italics.  Links to each POPVOX page are not provided; please go to their blog for those.

Note that many bills never make it out of committee, so this is simply an indication of the general direction of each party thus far.  Finally, this list has not been checked against Thomas.gov:


  • S 150 The Assault Weapons Ban: A bill to regulate assault weapons, to ensure that the right to keep and bear arms is not unlimited.   Sen. Dianne Feinstein [D, CA]
  • S 147 The Common Sense Concealed Firearms Permit Act: A bill to establish minimum standards for States that allow the carrying of concealed firearms. Sen. Barbara Boxer [D, CA]
  • S 2 Sandy Hook Elementary School Violence Reduction Act: A bill to reduce violence and protect the citizens of the United States. Sen. Harry Reid [D, NV]
  • S 82 The Separation of Powers Restoration and Second Amendment Protection Act: A bill to provide that any executive action infringing on the Second Amendment has no force or effect, and to prohibit the use of funds for certain purposes. Sen. Rand Paul [R, KY]
  • S 54 The Stop Illegal Trafficking in Firearms Act: A bill to increase public safety by punishing and deterring firearms trafficking. Sen. Patrick Leahy [D, VT]
  • HR 410 The Restore the Constitution Act: To provide that any executive action infringing on the Second Amendment has no force or effect, and to prohibit the use of funds for certain purposes. Rep. Steve Stockman [R, TX-36]
  • HR 404 The Straw Purchaser Penalty Enhancement Act: To enhance criminal penalties for straw purchasers of firearms. Rep. Adam Schiff [D, CA-28]
  • HRes 40 House Resolution expressing that active duty military personnel who are stationed or residing in the District of Columbia should be permitted to exercise fully their rights under the Second Amendment to the Constitution of the United States. Rep. John Gingrey [R, GA-11]
  • HR 332 The Equal Access to Justice for Victims of Gun Violence Act: To provide victims of gun violence access to the same civil remedies as are available to those injured through other means. Rep. Adam Schiff [D, CA-28]
  • S 54 A bill to increase public safety by punishing and deterring firearms trafficking.  Sen. Patrick Leahy [D, VT]
  • S 35 The Stop Online Ammunition Sales Act: A bill to require face to face purchases of ammunition, to require licensing of ammunition dealers, and to require reporting regarding bulk purchases of ammunition. Sen. Frank Lautenberg [D, NJ]
  • S 34 The Denying Firearms and Explosives to Dangerous Terrorists Act: A bill to increase public safety by permitting the Attorney General to deny the transfer of firearms or the issuance of firearms and explosives licenses to known or suspected dangerous terrorists. Sen. Frank Lautenberg [D, NJ]
  • S 33 The High Capacity Ammunition Feeding Device Act: A bill to prohibit the transfer or possession of large capacity ammunition feeding devices. Sen. Frank Lautenberg [D, NJ]
  • S 22 A bill to establish background check procedures for gun shows. Sen. Frank Lautenberg [D, NJ]
  • HR 321 The Firearm Safety and Public Health Research Act: To amend the Continuing Appropriations Resolution, 2013 (Public Law 112-175) to permit research on firearms safety and gun violence. Rep. Carolyn Maloney [D, NY-12]
  • HR 226 The SAFER Streets Act: To amend the tax code to allow a credit against tax for surrendering to authorities certain assault weapons. Rep. Rosa DeLauro [D, CT-3]
  • HR 238 The Fire Sale Loophole Closing Act: To amend chapter 44 of title 18, United States Code, to restrict the ability of a person whose Federal license to import, manufacture, or deal in firearms has been revoked, whose application to renew such a license has been denied, or who has received a license revocation or renewal denial notice, to transfer business inventory firearms. Rep. Grace Meng [D, NY-6]
  • HR 236 The Crackdown on Deadbeat Gun Dealers Act: To ensure greater accountability by licensed firearms dealers. Rep. James Langevin [D, RI-2]
  • HR 227 The Buyback our Safety Act: To establish a gun buyback grant program.  Rep. Ted Deutch [D, FL-21]
  • HR 133 The Citizens Protection Act: To repeal the Gun-Free School Zones Act of 1990 and amendments to that Act.  Rep. Thomas Massie [R, KY-4]
  • HR 141 Closing the ‘gun show loophole.’ To require criminal background checks on all firearms transactions occurring at gun shows.  Rep. Carolyn McCarthy [D, NY-4]
  • HR 137 The Fix Gun Checks Act: To ensure that all individuals who should be prohibited from buying a firearm are listed in the national instant criminal background check system and require a background check for every firearm sale.  Rep. Carolyn McCarthy [D, NY-4]
  • HR 142 The Stop Online Ammunition Sales Act: To require face to face purchases of ammunition, to require licensing of ammunition dealers, and to require reporting regarding bulk purchases of ammunition.  Rep. Carolyn McCarthy [D, NY-4]
  • HR 138 The High Capacity Ammunition Feeding Device Act: To prohibit the transfer or possession of large capacity ammunition feeding devices.  Rep. Carolyn McCarthy [D, NY-4]
  • HR 21 The NRA Members' Gun Safety Act: To provide for greater safety in the use of firearms.  Rep. James Moran [D, VA-8]
  • HR 34 The Blair Holt Firearm Licensing and Record of Sale Act: To provide for the implementation of a system of licensing for purchasers of certain firearms and for a record of sale system for those firearms.  Rep. Bobby Rush [D, IL-1]
  • HR 35 Eliminating ‘gun free zones’ in schools. To restore safety to America's schools.  Rep. Steve Stockman [R, TX-36]
  • HR 65 Raising the age of legal handgun ownership to 21. To prevent children's access to firearms.  Rep. Sheila Jackson-Lee [D, TX-18]
  • HR 93 The Fire Sale Loophole Closing Act: To amend chapter 44 of title 18, United States Code, to restrict the ability of a person whose Federal license to import, manufacture, or deal in firearms has been revoked, whose application to renew such a license has been denied, or who has received a license revocation or renewal denial notice, to transfer business inventory firearms.  Rep. David Cicilline [D, RI-1]
  • HR 117 The Handgun Licensing and Registration Act: To provide for the mandatory licensing and registration of handguns.  Rep. Rush Holt [D, NJ-12]
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