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Old 12-04-2017, 07:55 PM   #1
Bart Carter
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Default H.R. 38 — Concealed Carry Reciprocity Act of 2017

The Committee on Rules will meet on Tuesday, December 5, 2017 at 2:00 PM. Next stop - voting.
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Old 12-04-2017, 08:26 PM   #2
Ka Lbo
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On the Senate side, a like effort that includes the so called NICS fix. The House has amended the Reciprocity bill to include their version of the NICS fix.


GOA link below with majority of information pasted further below. Ideally Reciprocity and NICS fix will be separated and voted on individually. Heller is a co-sponsor of NICS fix.


https://www.gunowners.org/alert12012017.htm


"...urge your Senators to oppose the “Traffic Ticket Gun Ban” and to support bringing concealed carry reciprocity bill to the floor for a vote."



"Urge Your Senators to Push Concealed Carry Reciprocity!

Dear Friend:

There's an old adage that says: “When you’ve dug yourself into a hole, stop digging.”

Texas Senator John Cornyn -- the second most powerful Senator in Washington -- is a traditionally pro-gun friend who made a big mistake by sponsoring a bad gun control bill.

But, rather than admitting that he made a mistake, he is digging in -- and, in the process, becoming a vocal advocate for gun control.

That’s why I need you to contact your two Senators right away. Urge them to do everything they can to stop Cornyn in his tracks.

It should tell you something that Cornyn’s “Fix NICS” cosponsors include these gun control crazies: Dianne Feinstein (D-CA), Richard Blumenthal (D-CT), Chris Murphy (D-CT) and Chuck Schumer (D-NY).

You may remember that Sen. Murphy is the guy who put the infamous item on social media arguing that God doesn’t listen to gun owners’ prayers.

Well, now Murphy is publicly arguing that the Cornyn “Fix NICS” bill is the most important gun control in a long time, stating: “The Fix NICS Act is the most important piece of bipartisan guns legislation since Manchin-Toomey…. Reforms aren’t window dressing. Big deal.”

The goal of the Cornyn-Feinstein-Murphy-Schumer bill is to force every single potential NICS name to be sent to the FBI’s NICS system.

It was prompted by reports that the Air Force did not send the name of the Sutherland Springs shooter to NICS -- even though he certainly could have gotten a firearm in a wide variety of ways, even if he had been in NICS, and even though his carnage was stopped by the real solution to violence ... a good guy with a gun.

The problem is that, because of this isolated horror story, the Cornyn bill could add the names of millions of additional law-abiding Americans to NICS.

You already know of the 257,000 veterans who have lost their rights because of a bad experience in Iraq.

You already know that 95% of NICS denials are “false positives.”

And you probably also know that “Fix NICS” would require that the rolls of Social Security, Medicare, Medicaid, CHIP, and ObamaCare be trolled for recipients with PTSD, ADHD, or Alzheimer's -- that is, people who have had guardians appointed.

What you may not know is that the SECOND LARGEST CATEGORY of prohibited persons is “fugitives from justice” -- and that a good portion of these are Americans who have UNPAID TRAFFIC TICKETS.

The Department of Justice reported in 2012 that 19.1% of denials (13,862) were as a result of being a “fugitive from Justice.” That category sounds ominous until you consider that unresolved traffic issues are one of the most common forms of bench warrants that can result in your becoming a “fugitive from justice.”

At Gun Owners of America, we frequently see gun owners who are denied for no apparent reason -- or for the slightest reasons (like traffic offenses).

Take Ryan, who was denied a gun purchase by NICS. Upon appealing his denial, he said, “the only thing [my attorney] can find is that i have a bench warrent [sic] from Ohio for failure to appear for a traffic ticket.”

Or take this gun buyer who, in posting to a “General Firearms Forum,” said he was denied and, upon appeal, “got a letter in the mail saying I had an outstanding warrant for a traffic ticket out of state from 6 years ago.”

So don't be fooled by lying legislators who say they want to expand NICS to reach hard-core criminals, when they’re really going after speeders.

The dirty little secret of NICS is that hundreds of thousands of people in the database are law-abiding Americans who did nothing wrong, unless you count “service to your country” and/or “speeding.”

And many of the names which the “Traffic Ticket Gun Ban” would add would largely fall into these categories.

There is no reason why the second most powerful senator in the country -- Texas Senator John Cornyn -- should be leading a gun control charge.

Instead, the Senate should be taking up concealed carry reciprocity instead!

Sadly, Senator Cornyn is saying that he wants to push gun control first, and then get to concealed carry later.

But what the Senator is ignoring is this: If gun control passes into law, he will have lost any leverage he had to score a pro-gun victory with his seminal reciprocity bill.

So please contact your Senators and urge them to OPPOSE the Traffic Ticket Gun Ban (S. 2135) and to support an immediate vote on concealed carry reciprocity (S. 446).

Thanks so much for your help.

In Liberty,

Erich Pratt
Executive Director

P.S. Please contact your Senators and urge them to say YES to concealed carry reciprocity (S. 446) and to say NO to S. 2135, the “Traffic Ticket Gun Ban.”


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Old 12-04-2017, 09:21 PM   #3
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It's not creating a federal concealed permit but mandating states that allow CCW honor everyone elses. Doesn't that create a states rights issue?
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Old 12-04-2017, 09:36 PM   #4
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Quote:
Originally Posted by jim View Post
It's not creating a federal concealed permit but mandating states that allow CCW honor everyone elses. Doesn't that create a states rights issue?

Don't know. CCW Reciprocity has been likened to States driver license honored across the 50 States and DC. Although, 2A is a right and they say driver licenses are a privilege.

Sorting out beyond that takes someone a whole lot more savvy than I.

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Old 12-04-2017, 09:50 PM   #5
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that could, and would be argued.

much the same as federal supremacy laws. and infringement.

it would probably be the same states for more nics and more anti gun federal laws arguing states rights against ccw reciprocity.

but those states that are the infringers HI CA NY NJ MD etc, for all intents and purposes prohibit ANY carry. (this was brought up on the peruta case, and the lawyer wiffed right by the slow pitch!)

it's fun to watch how two faced state politicians are. they want more federal laws for the things they want, and to ignore those they don't like when they want.

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It's not creating a federal concealed permit but mandating states that allow CCW honor everyone elses. Doesn't that create a states rights issue?
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Old 12-04-2017, 11:24 PM   #6
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From TX_Lawyer on the Truth ABout Guns:

Quote:
...Congress is expressly delegated the power to do this in no less than three different sections of the Constitution...

...The central government has the authority to stop states from violating the 2A. That’s in Section 5 of the 14A. It also has the authority to make laws regarding the militia. Specifically “[t]o provide for organizing, arming, and disciplining, the Militia.” Additionally, it has the authority to “make all Laws which shall be necessary and proper for carrying into Execution” that power. Furthermore, it has the authority to “regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes: and to “make all Laws which shall be necessary and proper for carrying into Execution” that power. The powers granted by the Constitution to the central government are limited by the Bill of Rights and other provisions of the Constitution.

H.R. 38 is a bill allowing people (the militia) to move from one state to another (a key component of interstate commerce) while bearing arms (one of the rights protected by the Constitution). The Congress has the authority to pass this law under Article I, Section 8, Clauses 3 and 16 (and probably others in that section) and Section 5 of the 14A...
and

Quote:
...§ 926D(e) defines a handgun to include “any magazine for use in a handgun and any ammunition loaded into the handgun or its magazine.” This means that magazine capacity limits are preempted for handguns covered by the bill. Also, you won’t have to comply with weird laws about ammo when you carry it in your magazine. I’ve heard hollowpoints are illegal in New Jersey. You could carry hollow points in your magazine in New Jersey under this bill.
Let's not give up yet.
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Old 12-05-2017, 12:09 AM   #7
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Quote:
Originally Posted by Bart Carter View Post
From TX_Lawyer on the Truth ABout Guns:



and



Let's not give up yet.

Certainly hopeful, but two issues in my mind. First will stop Reciprocity. Senate passing will be difficult or so I have read a few times. Big bucks working Senators against Reciprocity. Second is BS baggage to an otherwise superb bill, Reciprocity. NICS fix should be separated from Reciprocity vote. I am not at all of a mind to support NICS fix. More likely, dismantle NICS. The latter will spin up a few folks. NICS all to often infringes on individuals 2A rights.

And when NICS screws up, (unless the original decision was correct), ATF is directed to recover 4K weapons initially processed in NICS. (See Pick Six thread addressing this) IMHO, this recovery of weapons is utterly BS. Absolutely fed up with Americans losing their rights.


Brad

Last edited by Ka Lbo; 12-05-2017 at 12:10 AM. Reason: Correction
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Old 12-05-2017, 10:53 AM   #8
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Breitbart posts an article about this, quoting NC Congressman Richard Hudson who says 73% of Americans support reciprocity:

http://www.breitbart.com/big-governm...l-reciprocity/
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Old 12-05-2017, 02:49 PM   #9
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Originally Posted by Ron_O View Post
Breitbart posts an article about this, quoting NC Congressman Richard Hudson who says 73% of Americans support reciprocity:

http://www.breitbart.com/big-governm...l-reciprocity/

In addition to polls showing majority Americans support reciprocity, 24 State AGs do also. Rather sure the House will pass reciprocity. The Senate will be the long pole as big bucks are pushing a no vote with crying chuck rallying dems to hang tough and oppose anything Republicans bring up. Will be interesting to see if Manchin and a few dems like him vote yes.


From GOA, "Everyone loves [the Fix NICS] bill. The NRA and the NSSF jumped on board; ditto Gabby Giffords and Everytown-Moms. Well, almost everyone. The group which claims it’s the only group standing between freedom and fascism, a.k.a. Gun Owners of America, told its members to demand that we stop trying to “fix an unconstitutional system” because background checks of any kind are an “infringement on 2nd-Amendment rights.” -- Huffington Post, November 20, 2017"


If Senate and House link reciprocity with NICS fix, I'd bet we get reciprocity. At the risk of repetition, I have no use for NICS. But, IMHO, reciprocity is common sense.


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Old 12-06-2017, 03:06 AM   #10
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Has everyone on this forum contacted their congress critter urging them to support H.R. 38? U.S. House set to vote on H.R. 38 on Wednesday, December 6 - that's tomorrow!

https://act.nraila.org/takeaction.aspx?AlertID=1824

I used the above link to send a note to Jacky Rosen (D), even though it may be an exercise in futility as the party of gun control also controls NV per U.S. House. But these people need to know what their constituents like me care about. All of you need to take a moment and contact your reps ASAP and put some pressure on them. Phone calls wouldn't hurt either.
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