Sha-Na-Na, Hey, Hey, Hey, Goodbye

Rep. Carolyn McCarthy (D-NY) announced today that she would not be seeking re-election after serving nine terms in the US House of Representatives.  McCarthy, who made her name by pushing gun control bills in Congress, has lung cancer and has been undergoing treatment for the last six months.

From Newsday:

For the past 17 years, McCarthy has built a public career on her gun-control work, but she said her legacy also is about strong bipartisan ties and the legislation she has passed on health, education, and finance.

She became an activist and then candidate for Congress after gunman Colin Ferguson killed six, including her husband Dennis, and wounded 19, including her son Kevin, on a Hicksville-bound Long Island Rail Road on Dec. 7, 1993. McCarthy acknowledged she has become a public face for the cause of gun control after every tragedy since.

But after the outpouring support for legislation to curb gun violence following the shooting deaths of 20 children and six adults in a Newtown, Conn., school in December 2012, she said she was convinced that others can step up as the new faces of the gun-control movement.

"It's something that I have been thinking about really from the half past year," she said, "and after what happened at Newtown, so many voices came out ... and their voices were so strong."

She cited Gabrielle Giffords, the former Arizona congresswoman critically wounded in a shooting two years ago Wednesday, and former Mayor Michael Bloomberg as two of her key successors in advocating gun control.

Also retiring at the same time as McCarthy is Rep. Mike McIntyre (D-NC) who is one of the few remaining pro-gun Blue Dog Democrats in the House. McIntyre has an A rating from the NRA-PVF and was endorsed by them in 2012. He won re-election by less than 1,000 votes. His seat will most likely go Republican in this year's Congressional elections.

The first time I was labeled a "gun extremist" by Ladd Everitt and CSGV was due to a post I made about McCarthy's efforts to pass her standard capacity mag ban (HR 308) back in 2011. I concluded that post with this comment and, what I said then, is still true today.

Like McCarthy, I was widowed in 1993. My wife died from breast cancer at the age of 42. Neither event was supposed to happen but they did. As harsh as it may sound, life goes on and we need to deal with it. To expect - and even demand - continued sympathy from an event that happened over 17 years ago like McCarthy seems to want to do is sad. It is sad that McCarthy hasn't really moved on with her life and sad because she is using the tragic death of her husband as a means of political gain.

And thus, on her retirement, I dedicate this to Rep. McCarthy. Some may call it cruel and classless but I still think it is quite appropriate.

It's A Contest And The American People Lose

Rep. Diana DeGette (D-CO) seems to be in a contest with Rep. Carolyn McCarthy (D-NY) to see who can make the most ignorant, most inane comment regarding firearms.

Rep. McCarthy is famous for response that a barrel shroud on a semi-automatic rifle or carbine is "a shoulder thing that goes up." Yesterday at a public forum held by the Denver Post on gun control, Rep. DeGette launched into a disquisition on standard capacity magazine that illustrated merely one thing - she doesn't have a clue about what she is talking about nor what legislation on which she is the lead co-sponsor would ban.

Asked how a ban on magazines holding more than 15 rounds would be effective in reducing gun violence, DeGette said:

“I will tell you these are ammunition, they’re bullets, so the people who have those now they’re going to shoot them, so if you ban them in the future, the number of these high capacity magazines is going to decrease dramatically over time because the bullets will have been shot and there won’t be any more available.”

It is a shame that Larimer County Sheriff Justin Justin Smith who was sitting next to her at the forum didn't just take out a spare magazine, start unloading the cartridges, and then reload them. That would have said just about everything. As it was, the crowd just chuckled after her remarks.

David Codrea reports in the National Gun Rights Examiner that DeGette's spokesperson doubled down on her boss' ignorance.

A spokeswoman trying to deflect well-deserved ridicule and criticism made things worse in an issued statement, calling it “political gamesmanship” by “opponents of common-sense gun violence prevention trying to manipulate the facts to distract from the critical issue of keeping our children safe and keeping killing machines out of the hands of disturbed individuals.

“The Congresswoman has been working on a high-capacity assault magazine ban for years, and has been deeply involved in the issue,” Juliet Johnson said. “She simply misspoke in referring to ‘magazines’ when she should have referred to ‘clips,’ which cannot be reused because they don’t have a feeding mechanism."

Of course, clips can be reloaded just like magazines.

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Firearms Legislation Introduced This Week In Congress

Three more bills affecting gun rights and shooting opportunities have been introduced since Monday. Two are anti-gun and come from well-known gun prohibitionists and the third is a bill that would protect hunting, shooting, and fishing on public lands. It is interesting to note that on Carolyn McCarthy's HR 437 that 70% of the co-sponsors come from states that severely restrict gun rights.

HR.437 - Rep. Carolyn McCarthy (D-NY)
Co-Sponsors:
Rep Bishop, Timothy H. [D-NY-1] - 1/29/2013
Rep Blumenauer, Earl [D-OR-3] - 1/29/2013
Rep Brady, Robert A. [D-PA-1] - 1/29/2013
Rep Carney, John C., Jr. [D-DE] - 1/29/2013
Rep Cartwright, Matt [D-PA-17] - 1/29/2013
Rep Cicilline, David N. [D-RI-1] - 1/29/2013
Rep Cohen, Steve [D-TN-9] - 1/29/2013
Rep Conyers, John, Jr. [D-MI-13] - 1/29/2013
Rep DeGette, Diana [D-CO-1] - 1/29/2013
Rep DeLauro, Rosa L. [D-CT-3] - 1/29/2013
Rep Deutch, Theodore E. [D-FL-21] - 1/29/2013
Rep Eshoo, Anna G. [D-CA-18] - 1/29/2013
Rep Esty, Elizabeth H. [D-CT-5] - 1/29/2013
Rep Frankel, Lois [D-FL-22] - 1/29/2013
Rep Grijalva, Raul M. [D-AZ-3] - 1/29/2013
Rep Hahn, Janice [D-CA-44] - 1/29/2013
Rep Himes, James A. [D-CT-4] - 1/29/2013
Rep Holt, Rush [D-NJ-12] - 1/29/2013
Rep Huffman, Jared [D-CA-2] - 1/29/2013
Rep Jackson Lee, Sheila [D-TX-18] - 1/29/2013
Rep Larson, John B. [D-CT-1] - 1/29/2013
Rep Levin, Sander M. [D-MI-9] - 1/29/2013
Rep Lofgren, Zoe [D-CA-19] - 1/29/2013
Rep Lowenthal, Alan S. [D-CA-47] - 1/29/2013
Rep Lowey, Nita M. [D-NY-17] - 1/29/2013
Rep Maloney, Carolyn B. [D-NY-12] - 1/29/2013
Rep Matsui, Doris O. [D-CA-6] - 1/29/2013
Rep McCollum, Betty [D-MN-4] - 1/29/2013
Rep McGovern, James P. [D-MA-2] - 1/29/2013
Rep Meeks, Gregory W. [D-NY-5] - 1/29/2013
Rep Meng, Grace [D-NY-6] - 1/29/2013
Rep Miller, George [D-CA-11] - 1/29/2013
Rep Moran, James P. [D-VA-8] - 1/29/2013
Rep Nadler, Jerrold [D-NY-10] - 1/29/2013
Rep Pallone, Frank, Jr. [D-NJ-6] - 1/29/2013
Rep Pascrell, Bill, Jr. [D-NJ-9] - 1/29/2013
Rep Perlmutter, Ed [D-CO-7] - 1/29/2013
Rep Quigley, Mike [D-IL-5] - 1/29/2013
Rep Schakowsky, Janice D. [D-IL-9] - 1/29/2013
Rep Schiff, Adam B. [D-CA-28] - 1/29/2013
Rep Scott, Robert C. "Bobby" [D-VA-3] - 1/29/2013
Rep Serrano, Jose E. [D-NY-15] - 1/29/2013
Rep Sherman, Brad [D-CA-30] - 1/29/2013
Rep Sires, Albio [D-NJ-8] - 1/29/2013
Rep Slaughter, Louise McIntosh [D-NY-25] - 1/29/2013
Rep Speier, Jackie [D-CA-14] - 1/29/2013
Rep Swalwell, Eric [D-CA-15] - 1/29/2013
Rep Takano, Mark [D-CA-41] - 1/29/2013
Rep Tierney, John F. [D-MA-6] - 1/29/2013
Rep Tsongas, Niki [D-MA-3] - 1/29/2013
Rep Van Hollen, Chris [D-MD-8] - 1/29/2013
To regulate assault weapons, to ensure that the right to keep and bear arms is not unlimited, and for other purposes.
Referred to the House Judiciary Committee
(Since the text hasn't been received yet, I am presuming that this bill is the House version of Feinstein's S.150 - Assault Weapons Ban of 2013)

S.170 - Sen. Lisa Murkowski (R-AK)
Co-Sponsor:
Sen. Joe Manchin (D-WV) - 1/29/2013
A bill to recognize the heritage of recreational fishing, hunting, and recreational shooting on Federal public land and ensure continued opportunities for those activities. 
Referred to the Senate Committee on Energy and Natural Resources

S.174 - Sen. Richard Blumenthal (D-CT)
Co-Sponsors:
Sen Lautenberg, Frank R. [D-NJ] - 1/29/2013
Sen Murphy, Christopher S. [D-CT] - 1/29/2013
A bill to appropriately restrict sales of ammunition. 
 Referred to Senate Judiciary Committee.

"It's Too Hard For Women To Use" - Carolyn McCarthy

I know I shouldn't be surprised when I hear nonsense about guns coming out of Rep. Carolyn McCarthy's mouth. I really shouldn't. That said, I'm just shaking my head over this little tidbit. It leaves you wondering just how someone like this could ever have been elected much less re-elected numerous times.






To read the transcript of this little interview, go to Breitbart.

Lautenberg Introduces Mag Ban To Senate

Today is the first day that Senators can introduce bills and Sen. Frank Lautenberg (D-NJ) has wasted no time. I am presuming that Dianne Feinstein (D-CA) likewise has introduced her new "assault weapon" (sic) ban. The Library of Congress' Thomas page has not been updated to reflect any bills introduced into the Senate.

While the exact wording of Lautenberg's bill is not absolutely know, I am presuming that it will be identical to that of Rep. Carolyn McCarthy's HR 138.

In the release below I find a couple of things interesting. First, Lautenberg implies that former President George W. Bush is in support of his bill. Second, that Sen. Al Franken (D-MN) is a co-sponsor of the bill. Franken has been a little wishy-washy in the last few weeks on guns as he looks to the 2014 election cycle.

From Lautenberg's press release:

WASHINGTON, DC—On the first day for bills to be introduced in the 113th Congress, U.S. Sen. Frank R. Lautenberg (D-NJ) today introduced his bill to ban high-capacity ammunition magazines holding more than 10 rounds. The proposal—which Lautenberg first introduced in January 2011—is a major component of the gun safety plan President Obama announced last week.

“The latest tragedy in Newtown was a wake up call for our nation, and now we must now turn our grief into action to reduce further tragedies. It is clearer than ever that there is no place in our communities for military-style supersized magazines like those used inside Sandy Hook Elementary School, in Aurora, and in Tucson, and I will keep working to reinstate the ban on them,” said Senator Lautenberg. “President Obama's bold plan to address gun violence included my common-sense proposal to ban high-capacity magazines holding more than 10 rounds, and we will get to work in Congress to pass this bill and other reasonable reforms that protect children and families. This is the kind of sensible reform that has the support of Democrats and Republicans, hunters and responsible gun owners, and it is time for Congress to listen to the American people and put this ban back in place.”

A companion bill has been introduced in the House of Representatives by Congresswoman Carolyn McCarthy and has the support of 48 cosponsors.

“Senator Lautenberg and I have reintroduced the bill to ban high-capacity ammunition magazines because they're the common thread in every major mass shooting in recent history and taking them off the market can have a major impact on saving lives in America. The horrific murders in Newtown have shown how our nation's lax attitude towards gun violence has gone too far and we must take action to save lives,” said Rep. McCarthy

Senator Lautenberg's “Large Capacity Ammunition Feeding Device Act” would prohibit the manufacture and sale of ammunition magazines that have a capacity of, or could be readily converted to accept, more than 10 rounds of ammunition. From 1994 to 2004, these high-capacity ammunition magazines were illegal as part of the Federal Assault Weapons Ban, which expired in 2004. Since that time, high-capacity clips (holding more than 10 rounds at a time) have been legal to manufacture and sell under federal law.

Senator Lautenberg first introduced his bill after a high-capacity ammunition magazine was used to carry out the shooting spree in Tucson, allowing the shooter to fire off 31 bullets in just 15 seconds. The shooter was subdued when he stopped to reload. In addition to the Tucson tragedy, high-capacity magazines were used in mass shootings at Virginia Tech, Fort Hood, Aurora, Oak Creek, and Newtown.

The bill is co-sponsored by Senators Charles E. Schumer (D-NY), Dick Durbin (D-IL), Tom Carper (D-DE), Dianne Feinstein (D-CA), Jack Reed (D-RI), Barbara Boxer (D-CA), Robert Menendez (D-NJ), Chris Coons (D-DE), Sheldon Whitehouse (D-RI), Ben Cardin (D-MD), Tom Harkin (D-IA), Carl Levin (D-MI), Richard Blumenthal (D-CT), Al Franken (D-MN), Chris Murphy (D-CT), and Kirsten Gillibrand (D-NY).

Former President George W. Bush and former Vice President Dick Cheney have expressed support for reinstating the ban on high-capacity magazines in the past, and polls show that 65 percent of Americans support such a ban.

UPDATE: Lautenberg's bill is S.33. It currently has 16 co-sponsors as mentioned above in his press release.

HR 138: Large Capacity Feeding Device Act

Rep. Carolyn McCarthy introduced HR 138 - the Large Capacity Feeding Device Act - as expected on January 3rd. It is a word-for-word repeat of her HR 308 introduced in the 112th Congress. It is a straight up magazine ban of all magazines with a greater than 10 round capacity or the ability to be converted or adapted to that size. Unlike the Clinton-era assault weapon (sic) ban, this bill will not allow you to transfer a pre-ban magazine. Of course, all governmental agencies and current or retired law enforcement officers are exempted from it.

The text of the bill is below:

HR 138 IH
113th CONGRESS 1st Session H. R. 138 To prohibit the transfer or possession of large capacity ammunition feeding devices, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES

January 3, 2013

Mrs. MCCARTHY of New York (for herself and Ms. DEGETTE) introduced the following bill; which was referred to the Committee on the Judiciary

---

A BILL To prohibit the transfer or possession of large capacity ammunition feeding devices, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Large Capacity Ammunition Feeding Device Act'.

SEC. 2. PROHIBITION ON TRANSFER OR POSSESSION OF LARGE CAPACITY AMMUNITION FEEDING DEVICES.

(a) Definition- Section 921(a) of title 18, United States Code, is amended by inserting after paragraph (29) the following:

`(30) The term `large capacity ammunition feeding device'--

`(A) means a magazine, belt, drum, feed strip, or similar device that has a capacity of, or that can be readily restored or converted to accept, more than 10 rounds of ammunition; but

`(B) does not include an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition.'.

(b) Prohibitions- Section 922 of such title is amended by inserting after subsection (u) the following:

`(v)(1)(A)(i) Except as provided in clause (ii), it shall be unlawful for a person to transfer or possess a large capacity ammunition feeding device.

`(ii) Clause (i) shall not apply to the possession of a large capacity ammunition feeding device otherwise lawfully possessed within the United States on or before the date of the enactment of this subsection.

`(B) It shall be unlawful for any person to import or bring into the United States a large capacity ammunition feeding device.

`(2) Paragraph (1) shall not apply to--

`(A) a manufacture for, transfer to, or possession by the United States or a department or agency of the United States or a State or a department, agency, or political subdivision of a State, or a transfer to or possession by a law enforcement officer employed by such an entity for purposes of law enforcement (whether on or off duty);

`(B) a transfer to a licensee under title I of the Atomic Energy Act of 1954 for purposes of establishing and maintaining an on-site physical protection system and security organization required by Federal law, or possession by an employee or contractor of such a licensee on-site for such purposes or off-site for purposes of licensee-authorized training or transportation of nuclear materials;

`(C) the possession, by an individual who is retired from service with a law enforcement agency and is not otherwise prohibited from receiving ammunition, of a large capacity ammunition feeding device transferred to the individual by the agency upon that retirement; or

`(D) a manufacture, transfer, or possession of a large capacity ammunition feeding device by a licensed manufacturer or licensed importer for the purposes of testing or experimentation authorized by the Attorney General.'.

(c) Penalties- Section 924(a) of such title is amended by adding at the end the following:

`(8) Whoever knowingly violates section 922(v) shall be fined under this title, imprisoned not more than 10 years, or both.'.

(d) Identification Markings- Section 923(i) of such title is amended by adding at the end the following: `A large capacity ammunition feeding device manufactured after the date of the enactment of this sentence shall be identified by a serial number that clearly shows that the device was manufactured after such date of enactment, and such other identification as the Attorney General may by regulation prescribe.'.

This bill has 39 co-sponsors as of today and I'm sure more anti-gun representatives will be flocking to sign on after Obama's unveiling of his proposals tomorrow. The co-sponsors, all Democrats, include:

Rep Brady, Robert A. [PA-1]
Rep Capuano, Michael E. [MA-7]
Rep Castor, Kathy [FL-14]
Rep Cicilline, David N. [RI-1]
Rep Conyers, John, Jr. [MI-13]
Rep Courtney, Joe [CT-2]
Rep Cummings, Elijah E. [MD-7]
Rep DeGette, Diana [CO-1]
Rep DeLauro, Rosa L. [CT-3]
Rep Deutch, Theodore E. [FL-21]
Rep Ellison, Keith [MN-5]
Rep Eshoo, Anna G. [CA-18]
Rep Frankel, Lois [FL-22]
Rep Fudge, Marcia L. [OH-11]
Rep Higgins, Brian [NY-26]
Rep Himes, James A. [CT-4]
Rep Huffman, Jared [CA-2]
Rep Israel, Steve [NY-3]
Rep Kaptur, Marcy [OH-9]
Rep Larson, John B. [CT-1]
Rep Levin, Sander M. [MI-9]
Rep Maloney, Carolyn B. [NY-12]
Rep Matsui, Doris O. [CA-6]
Rep McCollum, Betty [MN-4]
Rep Miller, George [CA-11]
Rep Moore, Gwen [WI-4]
Rep Moran, James P. [VA-8]
Rep Norton, Eleanor Holmes [DC]
Rep Perlmutter, Ed [CO-7]
Rep Quigley, Mike [IL-5]
Rep Schakowsky, Janice D. [IL-9]
Rep Schiff, Adam B. [CA-28]
Rep Sherman, Brad [CA-30]
Rep Slaughter, Louise McIntosh [NY-25]
Rep Speier, Jackie [CA-14]
Rep Tierney, John F. [MA-6]
Rep Tsongas, Niki [MA-3]
Rep Van Hollen, Chris [MD-8]
Rep Yarmuth, John A. [KY-3]

An Idea So Off The Wall It Just Might Work

Gun control pushing politicians and their media supporters usually know squat about firearms. Most have seen the clip where Rep. Carolyn McCarthy (D-NY) when asked what a "barrel shroud" was, answered she thought it was a "shoulder thing that goes up."

In this vein, Frank J. Fleming has a suggestion about new gun control laws. Make them "pretend gun control".

What we can do is pass a law banning a bunch of made-up things that sound scary, and many gun control proponents already have great ideas along this line. For instance, I read a column in which Howard Kurtz mentioned a ban on high-magazine clips — we can certainly do without something that nonsensical. And I’ve heard the press before mention armor-piercing hollow points and plastic guns (actually, I think we already banned that made-up weapon in the ’80s). And as long as the NRA and Wayne LaPierre go apoplectic about it (“This ban on sorcerer-enchanted guns is just a slippery slope toward eliminating all witch-hexed weaponry!”), gun control proponents won’t know the difference between this and actual gun control. And this will help protect our most vulnerable people out there: politicians. Because long after the gun control advocates move on to other things, like who they want to tax next, gun owners will still be annoyed by any actual gun control legislation. One of the greatest fears politicians have is seeing an angry guy with lots of guns charging down the street, because they know he’s probably on his way to commit an act of voting.

You know this idea is so off the wall that it just might work. While my preference is for no law, banning made up stuff just might satisfy those clamoring that "we must do something".

Carolyn McCarthy On Her Magazine Ban Bill

Rep. Carolyn McCarthy (D-NY) and Rep. Diana DeGette (D-CO) will be introducing a bill today that will mandate reduced-capacity magazines and will ban sale and transfer of standard-capacity magazines. Checking the Library of Congress service Thomas, no bills are listed as having been introduced but I think there is probably some lag in the system.

This move by McCarthy and DeGette was fully expected. Sebastian feels that the magazine ban will be harder to fight than any AWB due to many on the center-right who feel it is reasonable. He makes a number of good points especially that the criminal class will have no trouble in obtaining magazines.

Massad Ayoob discusses why good people need standard capacity magazines in his blog in Backwoods Home Magazine. He concludes:

The reasoning is strikingly clear. The cops are the experts on the current criminal trends. If they have determined that a “high capacity” semiautomatic pistol and a .223 semiautomatic rifle with 30-round magazines are the best firearms for them to use to protect people like me and my family, they are obviously the best things for us to use to protect ourselves and our families .

In her statement below, McCarthy makes the semi-erroneous claim that standard capacity magazines are not allowed for hunting. Magazine restrictions as well as restrictions on semi-automatic rifles for hunting exist in some locations and not in others. We need to get away from arguing sporting purpose with regard to magazine-fed rifles and pistols. In my opinion, self-defense of self and family is paramount and Mas makes a very cogent case for why we need standard capacity magazines in his blog post.

McCarthy's release on the bill:

WASHINGTON, DC (Jan. 3, 2013) -- Reps. Carolyn McCarthy (D-NY4) and Diana DeGette (D-CO1) are reintroducing legislation today to ban the high-capacity ammunition magazines that have enabled high numbers of casualties in almost every recent mass shooting in American history.

“These assault magazines help put the ‘mass’ in ‘mass shooting’ and anything we can do to stop their proliferation will save lives in America,” Rep. McCarthy said. “These devices are used to kill as many people as possible in the shortest amount of time possible and we owe it to innocent Americans everywhere to keep them out of the hands of dangerous people. We don’t even allow hunters to use them – something’s deeply wrong if we’re protecting game more than we’re protecting innocent human beings.”
“Since I came to Congress, I have been working to protect our children and our families from senseless gun violence,” Rep. DeGette said. “Recent tragedies have only heightened the need, and that is why Rep. McCarthy and I are reintroducing our bill to ban high-capacity assault magazines. While there is no single answer to stopping these massacres, this bill is a step that will go a long way toward making our country safe.”

The High Capacity Ammunition Feeding Device Act, as the bill is formally known, bans the sale or transfer of ammunition magazines holding more than 10 rounds. Such a standard was federal law between 1994 and 2004, when the assault weapons ban was in effect, and it is state law in many parts of the United States. Magazines are available today in capacities of up to 100 and even more. Law enforcement officials and analysts have cited the direct role that magazine capacity plays in ensuring the high numbers of casualties in mass shootings. Often, as in the cases of Tucson, Arizona and the Long Island Railroad, the carnage ends when the shooters run out of bullets and stop to reload, at which point they are stopped by bystanders.

Unfortunately, the devices are still easily available to the public and have been used in every mass shooting in recent history, such as: Sandy Hook Elementary School in Connecticut; a shopping mall in Oregon; a temple in Wisconsin; a movie theater in Colorado; a Congressional event in Arizona; at schools like Columbine High School and Virginia Tech University; at a law office in California; and on a commuter rail car in New York. They were even acquired from the United States by mail order and used in the Norway shooting of 2011, where 69 people were shot to death.

In many cases, mass shooters intending to act don’t have access to a black market, but acquire whatever they can easily and legally, making a ban on high-capacity magazines a major obstacle for future mass murderers to carry out their plans.

The legislation had 138 House co-sponsors in the 112th Congress, under the number H.R. 308. One hundred and eleven House members signed on after its introduction after the shooting in Tucson, Arizona; two more signed on after the shooting in Aurora, Colorado; then 25 more signed on after last month’s shooting in Newtown, Connecticut.

Rep. McCarthy, a lifelong nurse, strode into a life of activism to reduce gun violence after her husband was murdered and son critically wounded in the 1993 mass shooting on the Long Island Railroad in New York. Her activism led her to Washington first to lobby members of Congress as an advocate for victims, and then as a member herself after running against her own congressman who voted against the assault weapons ban.

Rep. DeGette has been an outspoken supporter of measures to reduce gun violence and played a critical role in rounding up support for new cosponsors for the ban on high-capacity magazines after the most recent tragedy at Sandy Hook Elementary School in Newtown, Connecticut. Her district includes Columbine High School and is adjacent to that which includes Aurora, Colorado. She is now, with Rep. McCarthy, the original co-sponsor of the legislation, which will receive a bill number shortly.

The bill to ban high-capacity magazines was carried in the Senate in the 112th Congress by Frank Lautenberg of New Jersey. Sen. Lautenberg has helped lead the fight for safer gun policy for much of his decades-long career, writing the law to keep guns out of the hands of domestic violence offenders and co-sponsoring the original Brady Law to establish background checks for handgun purchases, among other efforts.

Newsday Endorsement Of Carolyn McCarthy Triggers Pet Peeve

Perhaps not expectedly, the Long Island-based newspaper Newsday has endorsed Rep. Carolyn McCarthy (D-NY-4). They say she has a "mind meld with the middle class". Whatever.

However, that is not what triggered my pet peeve. This is:

A registered nurse, she was catapulted into public life by tragedy: A husband killed and a son grievously wounded in a mass shooting on the Long Island Rail Road in 1993. McCarthy, 68, of Mineola, has grown beyond the gun control issue that prompted her first run for office in 1996, although it remains an important legislative passion.

While Carolyn McCarthy can be generically called a "nurse", she is not now, nor has she ever been, a "registered nurse". Rep. McCarthy trained as, and is, a Licensed Practical Nurse or LPN.  She is a 1964 graduate of the Glen Cove Nursing School according to Congress.org.

A LPN is limited by the state-level Boards of Nursing in what she or he can do. While it will vary by state, a LPN has a limited number of tasks that can be delegated to them. For example, they are allowed to dispense medications in a long-term care facility. This is not to say LPNs cannot perform the tasks assigned to them well. They can.

However, LPNs are not trained to see the big picture. They cannot assess the patient, they cannot write a care plan, and are not trained to think critically. By contrast, a RN has more education, is trained to assess the patient, is trained to think critically, and can write a plan of care.

Why is this a pet peeve? Because the Complementary Spouse is a BSN-trained Registered Nurse with an advanced practice certificate. She also holds a Masters in Health Science.

If you think about it, Carolyn McCarthy's views on gun control are, in many ways, a reflection of her training and experience. A gun was used in the murder of her husband so therefore guns must be restricted. She cannot see beyond this to realize that the disturbed individual could have used a knife, a container of gasoline, or a black-powder nail bomb to kill the six victims or that a legally armed individual could have limited the number of victims. She wasn't trained to see the big picture or to think critically and it shows.

Tools?

Representatives Elijah Cummings (D-MD), Carolyn Maloney (D-NY), and Carolyn McCarthy say they want to give ATF more tools to stop smuggling and straw purchases. More tools? Reading their release you can't help coming to the conclusion that the only tools in question are the aforementioned representatives.

Straw purchases are already illegal. Smuggling of arms is illegal under the Arms Export Control Act as Dave Hardy makes clear. Possession of a firearm (or ammunition) by a felon is a felony in and of itself. If a drug cartel or other organization is conspiring to buy guns by using straw purchasers, you have RICO as a tool to combat it. This bill is nothing but a means to get some airtime and glowing accolades in the New York Times and Washington Post.

The other thing of note in this release is where it says that they have released the testimony of Acting ATF Director Kenneth Melson given on July 4th. You have to ask yourself if this was to build support for their bill or to alert Eric Holder and his minions in the DOJ just what Melson had to say. My guess it is the latter as Rep. Cummings has been a synchophant of the Justice Department throughout the whole investigation.

WASHINGTON – Today, U.S. Representatives Carolyn B. Maloney (D-NY), Elijah Cummings (D-MD), Ranking Member of the House Oversight and Government Reform Committee, and Carolyn McCarthy (D-NY) introduced the “Stop Gun Trafficking and Strengthen Law Enforcement Act.” The legislation establishes a dedicated firearms trafficking statute to empower law enforcement to keep high-powered firearms out of the hands of dangerous criminals, including Mexican drug cartels.

“This legislation gives law enforcement the tools they need to do their job,” Rep. Maloney said. “It prohibits the transfer of a gun when an individual knows the gun will be transferred to a person who is prohibited by law from carrying a gun or to a person who intends to use the gun illegally. This is a sensible solution to a severe problem and will ensure that weapons do not end up in the hands of criminals-- and drug cartels-- by specifically prohibiting firearms trafficking in the criminal code.”

“We have to move beyond the all-or-nothing rhetoric of the current gun debate and work toward common-sense measures to help our law enforcement authorities combat the Mexican drug cartels without infringing on anyone’s right to own a firearm,” Cummings said. That’s exactly what this bill does.”

“Straw purchasers represent a significant problem in the United States. It is long past time that we take concrete steps to fight back against these individuals who funnel weapons into the hands of criminal and terrorist organizations. I’m proud to join Representative Maloney in taking this step to make our country safer,” Rep. McCarthy said.

“This legislation will provide Alcohol, Tobacco & Firearms with the tools to keep illegal firearms from making their way into the hands of convicted felons who move guns across the southern border, utilizing a network of straw purchasers in the United States. These straw purchases act as an intermediary party for organized crime networks and the cartels by purchasing guns on their behalf", according to Chris Schoppmeyer, FLEOA's Vice President for Agency Affairs. The Federal Law Enforcement Officers Association (FLEOA) is the largest professional police organization that represents over 26,000 federal agents and officers from 65 agencies in the United States Government, including the ATF.

"This legislation would give law enforcement a strong, new tool to fight the gun trafficking that feeds lethal violence in Mexico, and American communities as well. There is no Second Amendment right to supply drug gangs with the firepower of an army," said Dennis Henigan, Acting President of the Brady Campaign. "Mexican families, and American families, have the right to live in peace. That's what this valuable legislation is all about."

“The U.S. civilian gun market is stocked with military-grade weapons—both domestically manufactured and imported—and has extraordinarily weak controls on their sale. This has transformed the United States into a virtually unregulated bazaar of military-style firearms. Traffickers can stock up on their weapons of choice: AK-47 and AR-15 assault rifles and pistols, 50 caliber sniper rifles, and high-capacity armor-piercing pistols. The ‘Stop Gun Trafficking and Strengthen Law Enforcement Act of 2011’ is a crucial step in meeting the United States’ responsibility to address cross-border gun trafficking,” said Kristen Rand, legislative director of the Violence Policy Center, a national non-profit gun violence prevention organization.

The Members released testimony by Acting Director of ATF, Ken Melson, which was obtained as part of the Oversight Committee’s investigation of ATF’s Operation Fast and Furious, stating that law enforcement officials “absolutely” need a firearms trafficking statute to effectively attack these criminal trafficking rings. Additionally, the Members released a letter from the Mexican Ambassador to the United States that stated his support for firearms trafficking legislation.
As a part of the Oversight Committee’s investigation of ATF’s Operation Fast and Furious, law enforcement agents on the ground have warned Congress that the lack of a dedicated firearms trafficking statute means that criminals who supply Mexican drug cartels with weapons of war are typically charged with mere paperwork violations – dealing in firearms without a license – and often only receive a sentence of probation.

This legislation is narrowly tailored to fill that void and help law enforcement stop illegal firearms trafficking.

Beware The Ides Of July

Katie Pavlich of Townhall.com who has been done really good reporting lately on Project Gunwalker posted that Rep. Elijah Cummings (D-MD), Rep. Carolyn Maloney (D-NY), and Rep. Carolyn McCarthy (D-NY) plan to introduce a new gun control bill on July 15th. According to the ancient Roman calendar, the 15th of July - just like the 15th of March - is the Ides of the month.

U.S. Representatives Carolyn B. Maloney (D-NY), Elijah E. Cummings (D-MD), ranking member of the House Oversight and Government Reform Committee, and Carolyn McCarthy (D-NY) will join other members and a leading law enforcement organization for an event Friday, July 15th, 11:00 a.m. at the House Triangle to introduce the “Stop Gun Trafficking and Strengthen Law Enforcement Act,” which establishes a dedicated firearms trafficking statute to empower law enforcement to keep high-powered firearms out of the hands of dangerous criminals, including Mexican drug cartels.

Frankly, other than getting glowing tributes from the opinion pages of the New York Times and the Washington Post, I don't see much of a future for this legislation. It will gain a quick handful of Democrats as co-sponsors and then languish in committee just like Carolyn McCarthy's HR 308.

As Katie notes,

So let me get this straight, democrats want to punish law abiding Americans and impede on Second Amendment rights with new legislation "to prevent gun trafficking to Mexico," however, aren't willing to focus on the ATF and DOJ's role in deliberately putting high powered firearms into the hands of criminals including Mexican drug cartels?

Katie was the one who broke the story yesterday on the email from Assistant Director for Operations Mark Chait to Bill Newell which suggests that one aim of Project Gunwalker was to build support for the multiple-rifle reporting requirement.

"Gun Extremist"

I am now officially a "gun extremist" according to the Coalition to Stop Gun Violence. Below is a Tweet that they sent out today.

CSGV
Gun extremist says C. McCarthy is "using the tragic death of her husband as a means of political gain." #politics... http://fb.me/YLVswYYw
16 minutes ago

I want to thank them for this accolade and will endeavor to live up to it.

As to what I wrote about Carolyn McCarthy, I stand by it. Mrs. McCarthy has used the tragic death of her husband as a means for political gain since the day she first ran for Congress and continues to do so. One need only read her recent press releases on gun control issues to see this.

HR 822 - National Right-To-Carry Reciprocity Hits 100

Only last week, Rep. Carolyn McCarthy was issuing press releases trumpeting that her magazine ban bill, HR 308, had hit 100 co-sponsors "with more on the way." There were quotes from all the gun prohibitionists congratulating her and saying what an important bill it was. It reminded people of "her unique perspective" and tried to reinforce her victimhood. (See my comments at the bottom of this post about not moving on.)

Yesterday, Rep. Cliff Stearns (R-FL) bill - National Right-To-Carry Reciprocity Act of 2011 - hit 100 co-sponsors. It was introduced on Feb. 18th which was exactly one month after McCarthy introduced HR 308. It has added co-sponsors at a much quicker rate and, unlike HR 308, is genuinely bi-partisan. In the past week alone, it has added 17 co-sponsors.

Rep. Stearns is a more modest person than Mrs. McCarthy. He has not used the milestone of 100 co-sponsors as an event that requires press releases and media events. Since he hasn't publicized this milestone, I will.

The 100 Congressmen and Congresswomen who have stood up for your Second Amendment rights are listed below. As I have said many times, if your representative isn't listed and they say they are pro-gun, it is time to call them and ask why they aren't a co-sponsor.

Rep Adams, Sandy [FL-24] - 3/8/2011
Rep Aderholt, Robert B. [AL-4] - 3/29/2011
Rep Altmire, Jason [PA-4] - 3/16/2011
Rep Bachmann, Michele [MN-6] - 3/2/2011
Rep Bachus, Spencer [AL-6] - 3/8/2011
Rep Barton, Joe [TX-6] - 3/2/2011
Rep Benishek, Dan [MI-1] - 3/3/2011
Rep Bilirakis, Gus M. [FL-9] - 3/11/2011
Rep Bishop, Sanford D., Jr. [GA-2] - 3/3/2011
Rep Boren, Dan [OK-2] - 3/2/2011
Rep Boswell, Leonard L. [IA-3] - 3/2/2011
Rep Buchanan, Vern [FL-13] - 3/15/2011
Rep Burton, Dan [IN-5] - 3/2/2011
Rep Canseco, Francisco "Quico" [TX-23] - 3/8/2011
Rep Carter, John R. [TX-31] - 3/2/2011
Rep Chaffetz, Jason [UT-3] - 3/3/2011
Rep Coffman, Mike [CO-6] - 3/2/2011
Rep Cole, Tom [OK-4] - 3/2/2011
Rep Costello, Jerry F. [IL-12] - 3/11/2011
Rep Crenshaw, Ander [FL-4] - 3/15/2011
Rep Critz, Mark S. [PA-12] - 3/17/2011
Rep Davis, Geoff [KY-4] - 3/3/2011
Rep Dent, Charles W. [PA-15] - 3/16/2011
Rep Diaz-Balart, Mario [FL-21] - 3/2/2011
Rep Duncan, Jeff [SC-3] - 3/29/2011
Rep Duncan, John J., Jr. [TN-2] - 3/2/2011
Rep Emerson, Jo Ann [MO-8] - 3/8/2011
Rep Fleming, John [LA-4] - 3/11/2011
Rep Forbes, J. Randy [VA-4] - 3/29/2011
Rep Foxx, Virginia [NC-5] - 3/8/2011
Rep Franks, Trent [AZ-2] - 3/30/2011
Rep Garrett, Scott [NJ-5] - 3/2/2011
Rep Gibbs, Bob [OH-18] - 3/15/2011
Rep Gibson, Christopher P. [NY-20] - 3/2/2011
Rep Gingrey, Phil [GA-11] - 3/2/2011
Rep Granger, Kay [TX-12] - 3/3/2011
Rep Graves, Sam [MO-6] - 3/2/2011
Rep Green, Gene [TX-29] - 3/10/2011
Rep Griffith, H. Morgan [VA-9] - 3/15/2011
Rep Hall, Ralph M. [TX-4] - 3/3/2011
Rep Harris, Andy [MD-1] - 3/10/2011
Rep Heck, Joseph J. [NV-3] - 3/30/2011
Rep Heinrich, Martin [NM-1] - 3/3/2011
Rep Heller, Dean [NV-2] - 3/2/2011
Rep Hensarling, Jeb [TX-5] - 3/30/2011
Rep Herger, Wally [CA-2] - 3/3/2011
Rep Holden, Tim [PA-17] - 3/3/2011
Rep Huelskamp, Tim [KS-1] - 3/2/2011
Rep Hunter, Duncan D. [CA-52] - 3/29/2011
Rep Jenkins, Lynn [KS-2] - 3/8/2011
Rep Johnson, Sam [TX-3] - 3/14/2011
Rep Johnson, Timothy V. [IL-15] - 3/3/2011
Rep Jordan, Jim [OH-4] - 3/11/2011
Rep Kinzinger, Adam [IL-11] - 3/14/2011
Rep Kissell, Larry [NC-8] - 3/3/2011
Rep Kline, John [MN-2] - 3/8/2011
Rep Lamborn, Doug [CO-5] - 3/2/2011
Rep Latham, Tom [IA-4] - 3/8/2011
Rep Latta, Robert E. [OH-5] - 3/14/2011
Rep Luetkemeyer, Blaine [MO-9] - 3/29/2011
Rep McCotter, Thaddeus G. [MI-11] - 3/8/2011
Rep McIntyre, Mike [NC-7] - 3/8/2011
Rep Mica, John L. [FL-7] - 3/3/2011
Rep Miller, Candice S. [MI-10] - 3/16/2011
Rep Miller, Gary G. [CA-42] - 3/3/2011
Rep Miller, Jeff [FL-1] - 3/2/2011
Rep Mulvaney, Mick [SC-5] - 3/8/2011
Rep Nugent, Richard [FL-5] - 3/17/2011
Rep Owens, William L. [NY-23] - 3/2/2011
Rep Palazzo, Steven M. [MS-4] - 3/15/2011
Rep Pence, Mike [IN-6] - 3/2/2011
Rep Peterson, Collin C. [MN-7] - 3/3/2011
Rep Petri, Thomas E. [WI-6] - 3/8/2011
Rep Platts, Todd Russell [PA-19] - 3/29/2011
Rep Poe, Ted [TX-2] - 3/29/2011
Rep Pompeo, Mike [KS-4] - 3/17/2011
Rep Posey, Bill [FL-15] - 3/3/2011
Rep Rahall, Nick J., II [WV-3] - 3/3/2011
Rep Rivera, David [FL-25] - 3/11/2011
Rep Rogers, Mike D. [AL-3] - 3/2/2011
Rep Rogers, Mike J. [MI-8] - 3/14/2011
Rep Ross, Dennis [FL-12] - 3/11/2011
Rep Ross, Mike [AR-4] - 3/2/2011
Rep Scalise, Steve [LA-1] - 3/29/2011
Rep Schmidt, Jean [OH-2] - 3/2/2011
Rep Schock, Aaron [IL-18] - 3/29/2011
Rep Shuler, Heath [NC-11] - 2/18/2011
Rep Sullivan, John [OK-1] - 3/29/2011
Rep Terry, Lee [NE-2] - 3/30/2011
Rep Thornberry, Mac [TX-13] - 3/16/2011
Rep Tiberi, Patrick J. [OH-12] - 3/16/2011
Rep Turner, Michael R. [OH-3] - 3/8/2011
Rep Walz, Timothy J. [MN-1] - 3/29/2011
Rep West, Allen B. [FL-22] - 3/3/2011
Rep Westmoreland, Lynn A. [GA-3] - 3/2/2011
Rep Wilson, Joe [SC-2] - 3/8/2011
Rep Wittman, Robert J. [VA-1] - 3/10/2011
Rep Wolf, Frank R. [VA-10] - 3/30/2011
Rep Young, Don [AK] - 3/2/2011
Rep Young, Todd C. [IN-9] - 3/30/2011

McCarthy Crowing

Rep. Carolyn McCarthy is crowing about how her bill, HR 308, has now reached 100 co-sponsors. She includes numerous congratulatory accolades from gun prohibitionists in her press release. Normally, 100 co-sponsors of a gun control bill like hers would be of concern. However, given that the co-sponsors are all liberal, anti-gun Democrats and the House is now Republican majority, HR 308 is merely something to keep one's eye on and not something that should cause great and immediate fear. While this bill make get a few more sponsors, I think it has come close to its high water mark.

By contrast, HR 822 - the National Right-To-Carry Reciprocity Bill - now has 83 co-sponsors in less than a month since its introduction. It probably would have more sponsors added this week if the House wasn't on break this week for a "constituent work break". If your representative is having an event in his or her district, that might be a good time to ask them to become a co-sponsor if they haven't already. If they have signed up as a co-sponsor, make sure to thank them.

And now for some light reading courtesy of Rep. McCarthy.

Bill to Ban High-Capacity Ammo Magazines Reaches New Milestone
Wednesday March 23, 2011

H.R. 308 Now Has 100 Cosponsors in House, With More on the Way

WASHINGTON, DC – Rep. Carolyn McCarthy’s (D-NY04) bill to ban high-capacity ammunition magazines has reached a new milestone, with 100 cosponsors now supporting the proposal.

More cosponsors still are expected for H.R. 308, which aims to reduce injuries and save lives by banning the sale or transfer of magazines that allow shooters to fire more than 10 bullets at a time. In the recent mass shooting in Tucson as well as the 1993 massacre on the Long Island Railroad that affected Rep. McCarthy’s family, the shooters were stopped by bystanders only when they stopped to reload their high-capacity magazines.

The 100 cosponsors hail from every part of the country, and represent a broad coalition of Congress members representing urban, suburban and rural areas.

The rapid growth in support behind the bill – which was introduced on Jan. 18 – is the result of a two-pronged strategy being executed by Rep. McCarthy and a nationwide network of advocates.

On one level, Rep. McCarthy is going member-to-member on Capitol Hill making the case personally, reminding her colleagues of her unique perspective as a victim of gun violence herself. Her husband was killed, and son seriously injured, in the 1993 LIRR shooting.
On another level, groups like the Brady Campaign to Prevent Gun Violence, States United to Prevent Gun Violence, the Coalition to Stop Gun Violence, the Violence Policy Center, New Yorkers Against Gun Violence and the Citizens Crime Commission of NYC are working tirelessly with local partners across the country to speak to members of Congress and their constituents directly in their districts.

“The broad and steadily growing coalition of cosponsors for the bill to ban high-capacity magazines is a clear sign that millions of Americans support commonsense measures to address gun violence,” Rep. McCarthy said. “Together with strengthening our background check system so that people known to be dangerous can’t get their hands on deadly weapons in the first place, this proposal is sure to reduce injuries and save lives in our nation.”

Brady Campaign to Prevent Gun Violence President Paul Helmke said: “We applaud this new milestone and are encouraged that Congress is waking up to the fact that sensible gun laws save lives. More members of Congress are beginning to understand that restrictions on military-style weaponry are necessary to help prevent mass shootings. We are encouraged by the support of these 100 co-sponsors and are determined to fight for the passage of this proven and effective law to reduce gun violence.”

States United to Prevent Gun Violence Executive Director Andy Pelosi said: “We applaud Rep. McCarthy's leadership and the growing Congressional support on this issue to re-establish the ban on high capacity ammunition magazines. No private citizen should have access to such high-power lethality. Our state-based gun violence prevention organizations have found wide support for this ban which will save lives.”

Violence Policy Center Legislative Director Kristen Rand said: “Increasing support in Congress for restricting high-capacity magazines demonstrates the public’s recognition that these devices have no legitimate purpose in a civilized society.”

Coalition to Stop Gun Violence Executive Director Josh Horwitz said: “Representative McCarthy has shown yet again that she is a tenacious advocate. Reaching the 100 cosponsor mark in such a short amount of time is a reminder that Congress will have to consider this legislation sooner rather than later. Our Coalition has worked tirelessly to develop cosponsors and it is rewarding to see so many Members respond.”

New Yorkers Against Gun Violence Executive Director Jackie Hilly said: "A ban on large capacity ammunition magazines is a sensible step to reduce gun violence and is supported by an overwhelming majority of Americans. I thank each of the 100 cosponsors of H.R. 308 for listening to the demands of their constituents. The leadership shown by these Members of Congress, particularly Representative Carolyn McCarthy, will help save lives.”

Citizens Crime Commission of NYC and formerBrady Campaign President Richard Aborn said: "The fight for commonsense gun control has never been an easy one, but we're halfway there with Congresswoman McCarthy's outstanding leadership on H.R. 308. The issue is simple: this isn't about Democrats or Republicans, it's about protecting law enforcement and keeping the public safe. Congress needs to understand that cops should not be outgunned by criminals; it's not fair.”

Michael Bane made a comment a week or so ago that we as Americans tend to accord victims a special status. McCarthy always wants to play on that status by never failing to mention the murder of her husband on the Long Island Railroad in 1993 by a deranged individual.

Like McCarthy, I was widowed in 1993. My wife died from breast cancer at the age of 42. Neither event was supposed to happen but they did. As harsh as it may sound, life goes on and we need to deal with it. To expect - and even demand - continued sympathy from an event that happened over 17 years ago like McCarthy seems to want to do is sad. It is sad that McCarthy hasn't really moved on with her life and sad because she is using the tragic death of her husband as a means of political gain.

HR 308 - Updates For March

Another month and some more fellow travelers have signed on to Carolyn McCarthy's HR 308 which would ban standard capacity magazines.

The newest co-sponsors who signed on yesterday are:

Rep Pallone, Frank, Jr. [NJ-6] - 3/1/2011
Rep Sanchez, Loretta [CA-47] - 3/1/2011
Rep Johnson, Henry C. "Hank," Jr. [GA-4] - 3/1/2011

You may remember Rep. Hank Johnson as the Congressman who questioned whether redeploying more Marines to Guam would cause the island to tip over and capsize. How Adm. Robert Willard, Commander of the U.S. Pacific Fleet, kept a straight face in response is beyond me.

As to Rep. Loretta Sanchez, you may remember that in an interview on a Spanish-language radio station in fall 2010, she accused "the Vietnamese" of trying to steal her seat from Hispanics. She eventually apologized for that gaffe. In January, Sanchez attempted to get Gabby Giffords removed from the House Armed Services Committee while she was recovering from her wounds. As you can imagine, that didn't go over too well.

I guess Carolyn McCarthy is not too picky about her bill's supporters. As it is, not one Republican - not even Rep. Peter King (R-NY) - has signed on to her bill. No hearings have been scheduled on the bill which was referred to the House Judiciary Subcomittee on Subcommittee on Crime, Terrorism, and Homeland Security on February 7th.

New HR 308 Co-Sponsors

HR 308, Carolyn McCarthy's bill to ban standard capacity magazines and other loading devices, has 15 new co-sponsors which brings the total to 80. I still don't see any Republicans as co-sponsors of this bill or of Sen. Frank Lautenberg's companion bill, S. 32.

Last week, this bill was sent by the House Judiciary Committee to their Subcomittee on Crime, Terrorism, and Homeland Security which is chaired by Rep. James Sensenbrenner (R-WI) who is A-rated by the NRA on gun issues. Two-thirds of the Democrat minority of this subcommittee are listed as co-sponsors of HR 308.

The new co-sponsors are:

Rep Towns, Edolphus [NY-10] - 2/10/2011
Rep Engel, Eliot L. [NY-17] - 2/10/2011
Rep Crowley, Joseph [NY-7] - 2/10/2011
Rep Roybal-Allard, Lucille [CA-34] - 2/10/2011
Rep Capuano, Michael E. [MA-8] - 2/10/2011
Rep Napolitano, Grace F. [CA-38] - 2/10/2011
Rep Lee, Barbara [CA-9] - 2/10/2011
Rep Scott, Robert C. "Bobby" [VA-3] - 2/10/2011
Rep Tonko, Paul [NY-21] - 2/10/2011
Rep Payne, Donald M. [NJ-10] - 2/10/2011
Rep Olver, John W. [MA-1] - 2/10/2011
Rep Fattah, Chaka [PA-2] - 2/10/2011
Rep Sutton, Betty [OH-13] - 2/10/2011
Rep Tsongas, Niki [MA-5] - 2/10/2011
Rep Frank, Barney [MA-4] - 2/10/2011

UPDATE: Four more fellow travelers have been added to McCarthy's list of co-sponsors.

Rep Price, David E. [NC-4] - 2/15/2011
Rep Fudge, Marcia L. [OH-11] - 2/15/2011
Rep Stark, Fortney Pete [CA-13] - 2/15/2011
Rep Garamendi, John [CA-10] - 2/15/2011

Lisa Price, the wife of Rep. David Price, is the co-founder and long-time head of North Carolinians Against Gun Violence. Rep. Price is also a co-sponsor of McCarthy's "gun show loophole" bill.

One name missing from this list is Rep. Nancy Pelosi. I doubt she has changed her stripes but it is interesting nonetheless.

UPDATE II:  Another four Democrats have signed on to HR 308 as of yesterday.

Rep Johnson, Eddie Bernice [TX-30] - 2/17/2011
Rep Capps, Lois [CA-23] - 2/17/2011
Rep Richardson, Laura [CA-37] - 2/17/2011
Rep Cummings, Elijah E. [MD-7] - 2/17/2011

UPDATE III: You can add two more Democrats to the list of co-sponsors of HR 308.

Rep Schwartz, Allyson Y. [PA-13] - 2/18/2011
Rep Schiff, Adam B. [CA-29] - 2/18/2011

Schiff lists himself as a Blue Dog Democrat but this doesn't look like what I'd expect a Blue Dog to do. Maybe he is really a Purple Dog just like Rep. Jane Harman who is also listed as Blue Dog. Harman was on the original list of co-sponsors of this bill.

HR 591 - Gun Show Loophole Closing Act of 2011

The text of Rep. Carolyn McCarthy's HR 591 is now available. It is similar to S. 35 introduced by Sen. Frank Lautenberg (D-NJ) that would have the same title. They differ somewhat in the details but not in substance. Both would require private sales between individuals to be conducted with a FFL as an intermediary.

California has a similar program in place called the Dealer Record of Sale (DROS) process which mandates ALL transactions involving firearms be conducted through a licensed entity. Both bills would continue the push for "Californication" of gun laws. If there was ever a reason that we need to pay attention to what happens in California, this is it.

Lautenberg's bill has added one new co-sponsor - Sen. Michael Bennet of Colorado. I guess Bennet's statements about respecting the rights of gun owners during his campaign against challenger Ken Buck in 2010 were mere fluff meant to placate the gun owning voters of Colorado.

The text of McCarthy's bill is below:

H.R.591 -- Gun Show Loophole Closing Act of 2011
HR 591 IH
112th CONGRESS
1st Session

H. R. 591
To require criminal background checks on all firearms transactions occurring at gun shows.

IN THE HOUSE OF REPRESENTATIVES

February 9, 2011
Mrs. MCCARTHY of New York (for herself and Mr. CICILLINE) introduced the following bill; which was referred to the Committee on the Judiciary
---------------------------------------------------------------------------

A BILL
To require criminal background checks on all firearms transactions occurring at gun shows.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Gun Show Loophole Closing Act of 2011'.

SEC. 2. GUN SHOW BACKGROUND CHECK.

(a) Findings- The Congress finds that--

(1) approximately 5,200 traditional gun shows are held annually across the United States, attracting thousands of attendees per show and hundreds of Federal firearms licensees and unlicensed firearms sellers; and

(2) gun shows at which firearms are exhibited or offered for sale or exchange provide a convenient and centralized commercial location where criminals and other prohibited persons obtain firearms without background checks and without records that enable firearm tracing.

(b) Definitions- Section 921(a) of title 18, United States Code, is amended by adding at the end the following:

`(36) Gun Show- The term `gun show'--

`(A) means any event at which 50 or more firearms are offered or exhibited for sale, exchange, or transfer, if 1 or more of the firearms has been shipped or transported in, or otherwise affects, interstate or foreign commerce;

`(B) does not include an offer or exhibit of firearms for sale, exchange, or transfer by an individual from the personal collection of that individual, at the private residence of that individual, if the individual is not required to be licensed under section 923; and

`(C) does not include an offer or exhibit of firearms for sale, exchange, or transfer at events--

`(i) where not more than 100 firearms are offered or exhibited for sale, exchange or transfer;

`(ii) that are conducted by private, not-for-profit organizations whose primary purpose is owning and maintaining real property for the purpose of hunting activities; and

`(iii) that are attended only by permanent or annual dues-paying members of the organizations, and the members of the immediate families of the dues-paying members.

`(37) Gun Show Vendor- The term `gun show vendor' means a person who is not licensed under section 923 and who exhibits, sells, offers for sale, transfers, or exchanges a firearm at a gun show, regardless of whether or not the person arranges with the gun show operator for a fixed location from which to exhibit, sell, offer for sale, transfer, or exchange the firearm.'.

(c) Regulation of Firearms Transfers at Gun Shows-

(1) IN GENERAL- Chapter 44 of such title is amended by adding at the end the following:

`Sec. 932. Regulation of firearms transfers at gun shows

`(a) Registration of Gun Show Operators- It shall be unlawful for a person to operate a gun show, unless--

`(1) the person has attained 21 years of age;

`(2) the person (and, if the person is a corporation, partnership, or association, each individual possessing, directly or indirectly, the power to direct or cause the direction of the management and policies of the corporation, partnership, or association) is not prohibited by subsection (g) or (n) of section 922 from transporting, shipping, or receiving firearms or ammunition in interstate or foreign commerce;

`(3) the person has not willfully violated any provision of this chapter or regulation issued under this chapter;

`(4) the person has registered with the Attorney General as a gun show operator, in accordance with regulations promulgated by the Attorney General, and as part of the registration--

`(A) has provided the Attorney General with a photograph and the fingerprints of the person; and

`(B) has certified that the person meets the requirements of subparagraphs (A) through (D) of section 923(d)(1);

`(5) the person has not willfully failed to disclose any material information required, and has not made any false statement as to any material fact, in connection with the registration; and

`(6) the person has paid the Attorney General a fee for the registration, in an amount determined by the Attorney General.

`(b) Responsibilities of Gun Show Operators-

`(1) IN GENERAL- It shall be unlawful for a person to operate a gun show, unless the person--

`(A) not later than 30 days before the commencement of the gun show, notifies the Attorney General, in writing, of the date, time, duration, and location of the gun show, and the identity of each person who will be a gun show vendor at the gun show;

`(B) before commencement of the gun show--

`(i) verifies the identity of each individual who will be a gun show vendor at the gun show by examining a valid identification document (as defined in section 1028(d)(3)) of the individual containing a photograph of the individual; and

`(ii) requires each such individual to sign--

`(I) a ledger, and enter into the ledger identifying information concerning the individual; and

`(II) a notice which sets forth the obligations of a gun show vendor under this chapter; and

`(C) notifies each person who attends the gun show of the requirements of this chapter, in accordance with such regulations as the Attorney General shall prescribe.

`(2) RECORDKEEPING- A person who operates, or has operated, a gun show shall maintain records demonstrating compliance with paragraph (1)(B), at such place, for such period of time, and in such form as the Attorney General shall require by regulation, or transmit the records to the Attorney General.

`(c) Background Check Required Before Transfer of Firearm Between Unlicensed Persons- It shall be unlawful for a person who is not licensed under this chapter to transfer possession of, or title to, a firearm at, or on the curtilage of, a gun show, to another person who is not so licensed, or for a person who is not so licensed to receive possession of, or title to, a firearm at, or on the curtilage of, a gun show from another person who is not so licensed, unless a licensed importer, licensed manufacturer, or licensed dealer--

`(1) has entered into a separate bound record the make, model, and serial number of the firearm, and such other information about the transaction as the Attorney General may require by regulation; and

`(2) has notified the prospective transferor and prospective transferee of the firearm that the national instant criminal background check system established under section 103 of the Brady Handgun Violence Prevention Act has provided the licensee with a unique identification number, indicating that receipt of the firearm by the prospective transferee would not violate section 922 of this title or State law.
`(d) Recordkeeping Requirements-

`(1) IN GENERAL- A licensee who provides a notice pursuant to subsection (c)(2) with respect to the transfer of a firearm shall--

`(A) not later than 10 days after the date of the transfer, submit to the Attorney General a report of the transfer, which report shall specify the make, model, and serial number of the firearm, and contain such other information and be on such form, as the Attorney General shall require by regulation, except that the report shall not include the name of or other identifying information relating to any person involved in the transfer who is not licensed under this chapter; and

`(B) retain a record of the transfer, including the same information as would be required if the transfer were from the inventory of the licensee, as part of the permanent business records of the licensee.

`(2) LIMITATION- The Attorney General may not impose any recordkeeping requirement on any gun show vendor by reason of this section.'.

(2) PENALTIES- Section 924(a) of such title is amended by adding at the end the following:

`(8)(A) Whoever knowingly violates subsection (a) or (d) of section 932 shall be fined under this title, imprisoned not more than 5 years, or both.

`(B) Whoever knowingly violates subsection (b) or (c) of section 932, shall be--

`(i) fined under this title, imprisoned not more than 2 years, or both; and

`(ii) in the case of a second or subsequent conviction, fined under this title, imprisoned not more than 5 years, or both.

`(C) In addition to any other penalties imposed under this paragraph, the Attorney General may, with respect to any person who knowingly violates any provision of section 932--

`(i) if the person is registered pursuant to section 932(a), after notice and opportunity for a hearing, suspend for not more than 6 months or revoke the registration of that person under section 932(a); and

`(ii) impose a civil fine in an amount equal to not more than $10,000.'.

(3) CLERICAL AMENDMENT- The table of contents for chapter 44 of such title is amended by adding at the end the following:

`Sec. 932. Regulation of firearms transfers at gun shows.'.

(d) Inspection Authority- Section 923(g)(1) of such title is amended by adding at the end the following:

`(E) Notwithstanding subparagraph (B) of this paragraph, the Attorney General may enter during business hours any place where a gun show operator operates a gun show or is required to maintain records pursuant to section 932(b)(2), for purposes of examining the records required by sections 923 and 932 and the inventory of licensees conducting business at the gun show. The entry and examination shall be conducted for the purposes of determining compliance with this chapter by gun show operators and licensees conducting business at the gun show, and shall not require a showing of reasonable cause or a warrant.'.

(e) Reports of Multiple Sales Assisted by Licensees at Gun Shows- Section 923(g)(3)(A) of such title is amended by inserting `or provides pursuant to section 932(c)(2) notice with respect to,' after `sells or otherwise disposes of,'.

(f) Increased Penalties for Serious Recordkeeping Violations by Licensees- Section 924(a)(3) of such title is amended to read as follows:

`(3)(A) Except as provided in subparagraph (B), any licensed dealer, licensed importer, licensed manufacturer, or licensed collector who knowingly makes any false statement or representation with respect to the information required by this chapter to be kept in the records of a person licensed under this chapter, or violates section 922(m), shall be fined under this title, imprisoned not more than 1 year, or both.

`(B) If the violation described in subparagraph (A) is in relation to an offense--

`(i) under paragraph (1) or (3) of section 922(b), such person shall be fined under this title, imprisoned not more than 5 years, or both; or

`(ii) under subsection (a)(6) or (d) of section 922, such person shall be fined under this title, imprisoned not more than 10 years, or both.'.

(g) Increased Penalties for Violations of Criminal Background Check Requirements-

(1) PENALTIES- Section 924(a)(5) of such title is amended--

(A) by striking `subsection (s) or (t) of section 922' and inserting `section 922(t)'; and

(B) by striking `1' and inserting `5'.

(2) ELIMINATION OF CERTAIN ELEMENTS OF OFFENSE- Section 922(t)(5) of such title is amended by striking `and, at the time' and all that follows through `State law'.

(h) Authority To Hire Personnel To Inspect Gun Shows- The Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives may hire at least 40 additional Industry Operations Investigators for the purpose of carrying out inspections of gun shows (as defined in section 921(a)(36) of title 18, United States Code).
(i) Report to the Congress- The Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives shall submit biennial reports to the Congress on how firearms (as defined in section 921(a)(3) of title 18, United States Code) are sold at gun shows (as defined in paragraph (36) of such section), how this section is being carried out, whether firearms are being sold without background checks conducted by the national instant criminal background check system established under section 103 of the Brady Handgun Violence Prevention Act, what resources are needed to carry out this section, and any recommendations for improvements to ensure that firearms are not sold without the background checks.

(j) Effective Date- This section and the amendments made by this section shall take effect 180 days after the date of enactment of this Act.

HR 591 - McCarthy's Latest Gun Control Bill

Rep. Carolyn McCarthy introduced HR 591 yesterday. It would "require criminal background checks on all firearms transactions occurring at gun shows." The text of the bill has not yet been published.

As of yesterday, it had only one co-sponsor - Rep. David Cicilline (D-RI).

While the text of the bill hasn't been received yet, I am presuming that this is an effort by McCarthy to play off of Mayor Bloomberg's so-called sting operation at a Phoenix gun show in January. What makes a private sale made in the vicinity of a gun show different from any other private sale between lawful individuals is a question that only the gun controllers can answer.

When the full text is published, I will post it here.

In other McCarthy news, her magazine ban bill, HR 308, seems to have reached a high-watermark in terms of co-sponsors. It remains at 65 and has remained that way since January 26th. Of course, this number could change if President Obama were to make some forceful statement in support of the bill. And pigs could fly, too, I suppose.

Eight New Co-Sponsors For HR 308 (updated)

The following are the latest co-sponsors of Carolyn McCarthy's HR 308 - the magazine ban bill.

Rep Gutierrez, Luis V. [IL-4] - 1/24/2011
Rep Sires, Albio [NJ-13] - 1/24/2011
Rep Carson, Andre [IN-7] - 1/24/2011
Rep Rangel, Charles B. [NY-15] - 1/24/2011
Rep Markey, Edward J. [MA-7] - 1/24/2011
Rep Filner, Bob [CA-51] - 1/24/2011

As far as I can tell, all the bill's co-sponsors are Democrats. The other co-sponsors can be found in this post.

UPDATE:  Two more co-sponsors - both Democrats - were added to the list for HR 308 on Wednesday. They are:

Rep DeLauro, Rosa L. [CT-3] - 1/26/2011
Rep Grijalva, Raul M. [AZ-7] - 1/26/2011

Grandfathering and HR 308

HR 308, Carolyn McCarthy's bill to outlaw standard capacity magazines and other feeding devices, does not allow any currently owned magazines above 10 rounds to be transferred. The Assault Weapons Ban (sic) of 1994 did allow for existing magazines to be sold, traded, or transferred. The new bill makes it a felony.

Sebastian at Snow Flakes in Hell has an excellent analysis of this provision. To understand just how radical a bill this is, you must read it. As he notes:

McCarthy’s bill contains no such exemption (as in AWB of 1994 regarding proof of ownership), which puts the burden on you to prove you fall under one of these two exemptions. Carolyn McCarthy has been on NPR saying that the things bloggers have been saying about her bill aren’t true. She knows damned well they are true, and so do the anti-gun groups. The purpose of this bill is to try to get more of us thrown in federal prison.

I am not naive enough to believe that they merely don’t know how to draft laws. Dennis Henigan is not a fool or an idiot. He knows federal guns laws, and I would be very surprised if McCarthy’s staffers didn’t consult with the Brady Center on this bill. By removing the original grandfathering and protections that were in the original 1994 ban, the effect is vastly different than what we lived under with that regime. Under this law, you may really only possess 11 round or greater magazines, unless you have proof you possessed them prior, at the arbitrary discretion of the authorities. How many magazines do you have documentation for?

 When you have RINO dinosaurs like Dick Lugar coming out in favor of a ban as well as the comments by Dick Cheney, it tells you two things: most don't understand the difference between the law in 1994 and what McCarthy proposes AND we are going to have a fight on our hands to stop this monstrosity.