HR 38 Moves Forward

The House Judiciary Committee passed HR 38 - Concealed Carry Reciprocity Act of 2017 - yesterday on a 19-11 vote. There were a number of amendments offered. Many of these amendments were meant to gut the bill. Of the 22 amendments offered, only three were adopted and all came from Republican members of the committee. The bill now moves to the whole House of Representatives for consideration.

The first amendment was in the form of a committee substitute offered by Chairman Bob Goodlatte (R-VA) which added a third section to the bill concerning off-duty and retired sworn law enforcement officers. The amendment would allow these individuals to both carry concealed and discharge weapons in school zones.

The second amendment that was accepted was offered by Rep. John Rutherford (R-FL). His amendment clarified that nothing in HR 38 would prevent a law enforcement officer from "conducting a brief investigative stop in accordance with the Constitution of the United States" if they had a reasonable suspicion to the violation of any law. This passed on a voice vote.

The final amendment that passed was from Rep. Daryl Issa (R-CA) and concerned the carrying of concealed firearms by Federal judges. It allows Federal judges to carry concealed in any state so long as they are not prohibited from receiving a firearm. In other words, if Justice Ginsberg can pass a NICS check, then she could carry a concealed firearm not that that would be likely.

The whole list of amendments and their disposition is on this page on the House Judiciary Committee website.

Brady Campaign Continues To Oppose Due Process Of Law

The Brady Campaign released this highly indignant sounding press release condemning the House Judiciary Committee for preserving Americans' right to the due process of law.

Brady Campaign Blasts Judiciary Committee's Vote Against Amendment to Prevent Gun Sales to Terrorists
May 12, 2011


Washington, D.C. - Today, the House Judiciary Committee voted down an amendment to the Patriot Act, offered by Rep. Mike Quigley (Ill.-10), to close the "Terror Gap" by giving the Attorney General authority to prevent gun sales to known or suspected terrorists. The Committee voted 21-11 against the Quigley Amendment on a party-line vote. Paul Helmke, President of the Brady Campaign to Prevent Gun Violence, issued this statement in response to the Committee's action:

"On the day after two suspected terrorists seeking to buy guns and explosives were arrested in New York City, the House Judiciary Committee, incredibly, voted against an amendment to give the Attorney General the authority to prevent known or suspected terrorists from buying guns. Since 2004, over 1,300 persons on the terrorist watch list have been allowed to purchase firearms or explosives because federal law is so weak that being a known or suspected terrorist is not itself sufficient to prohibit someone from buying guns. The Quigley Amendment would have closed this dangerous 'Terror Gap."

Osama bin Laden is dead, but the war on terror is far from over. How can the Congress pretend to be serious about protecting the nation from terrorism, while voting to allow known terrorists to buy guns? The shadow of the gun lobby falls heavily over this disgraceful vote. Is there now a 'gun exception' to the war on terror?"

Darrell Issa Puts Eric Holder On The Hot Seat

Unfortunately, I didn't get to watch the live feed from the House Judiciary Committee hearings this morning. From the video just put up by CBS News, it looks like there were some fireworks!



In the prepared statement submitted to the Committee, Holder made no mention of Operation Fast and Furious and only brief mention of anything to due with the border with Mexico.

Over the last year the Department has continued to aggressively combat violence along our country’s Southwest border. We have dedicated significant anpower resources towards working with our Mexican government counterparts to ssist their crime-fighting capacity, and prosecute the cartel members whose drug trade is the root cause of violence in that region.

With regard to firearms, he made only one brief mention and it was only in the context of protecting law enforcement officers.

At the same time, we must work to prevent gun crimes before they occur. I am committed to strengthening systems that prevent individuals who are legally prohibited from possessing firearms from obtaining weapons. This is a critical public safety goal we can achieve without infringing on the rights of lawful gun owners.

If the Judiciary Committee releases a transcript of the hearings, I will post relevant excerpts as they pertain to firearms and Project Gunwalker.

UPDATE: A less edited version of Issa grilling Eric Holder can be found on YouTube. Unfortunately, embedding has been disabled so you will have to watch it here.

UPDATE II: Here is a hot link to Mike Vanderboegh's report along with reactions from ATF agents to Holders testimony today.

That Didn't Take Long

It was only yesterday that Chris Cox of the NRA-ILA called upon the House Judiciary Committee to hold an expedited investigation into Operation Fast and Furious (aka Project Gunwalker). By last night, Rep. Lamar Smith and 13 Republicans on the House Judiciary Committee released this statement regarding the letter they sent to Attorney General Eric Holder with a demand for answers.

Republicans Want Answers on ATF Gun Trafficking Program

Washington, Mar 9 -

Chairman Lamar Smith (R-Texas) and 13 Republicans on the House Judiciary Committee today sent a letter to Attorney General Eric Holder regarding recent allegations that ATF may have been complicit in the illegal transfer of firearms into Mexico. The members requested information regarding the Phoenix-based program known as “Fast and Furious,” which according to reports intentionally allowed straw buyers for criminal organizations to purchase thousands of guns so that ATF could track them across the border.

Smith and the members criticized ATF’s alleged actions saying, “We find it ironic that the government allowed guns to be trafficked into Mexico as part of a program designed to stop guns from being trafficked into Mexico. We are also troubled that ATF engaged in activities that may have facilitated the transfer of guns to violent drug cartels while simultaneously attempting to restrict lawful firearms sales by border-area firearms dealers.”

According to the Center for Public Integrity, ATF allowed nearly 2,000 guns—valued at over one million dollars—to cross the border to known criminal organizations. Two of the guns from the program were found at the murder scene of Customs and Border Protection Agent Brian Terry in December.

The Department of Justice has requested that the Inspector General investigate the allegations. But more questions for the Department remain, including who authorized and directed the program.

While it doesn't ask about the ATF and DOJ responses to earlier questions from Sen. Chuck Grassley, it is a start.

HjC Gunrunner Letter

Politicizing The Tucson Shooting Even More

From reading this Brady Campaign press release, it looks like they and their fellow traveler friends are pushing the Democrats on the House Judiciary Committee to hold hearings on the Tucson shooting.

Gun Violence Prevention Groups Applaud Push For Congressional Hearings On Tucson Shootings

Jan 28, 2011

WASHINGTON, D.C. - National gun violence prevention groups applauded a written request made today by the Democratic members of the House Judiciary Committee calling for a hearing to address gun violence in the wake of the shootings in Tucson, AZ that killed six and wounded 13 others, including Rep. Gabrielle Giffords.

“Congress for too long has ignored the 30,000 Americans killed and another 70,000 injured by gun violence every year,” said Paul Helmke, President of the Brady Campaign to Prevent Gun Violence. “Now is the time for action. We are grateful that the Democrats on the Judiciary Committee are pushing the House leadership to hold hearings on gun violence. It’s the right thing to do for our nation, and for the way too many families and communities that suffer from gun violence.”

The letter requests a hearing that is narrowly tailored to address specific weaknesses with our gun laws that permit shootings like the one in Tucson to take place. “The Arizona shooting is only the latest is a long line of mass killings made possible by easy access to large capacity ammunition magazines,” said Kristen Rand, Legislative Director of the Violence Policy Center. “Congress can help prevent tragedies like Tucson from occurring by adopting simple and reasonable proposals like Rep. Carolyn McCarthy’s legislation, H.R. 308.”

The Judiciary Democrats urged Chairman Lamar Smith to convene a hearing sometime within the next month. “Chairman Smith has a real opportunity to make a difference here,” said Josh Horwitz, Executive Director of the Coalition to Stop Gun Violence. “Once Congress realizes that this is not a Left/Right issue but a Right/Wrong issue maybe we can usher some sanity back into the debate about our nation’s broken gun laws.”

Horwitz may be correct that this is a Right/Wrong issue but not in the way he wants you to think. It is wrong to push laws that would have had no impact in Tucson except to further burden the rest of us law-abiding gun owners. It would be right for Congressman Smith to tell them to take hike.

Here is a link to the House Judiciary Committee website with a list of the members. Just a quick look at the Democrat members and I see many who are listed as co-sponsors of HR 308. To expect them to not politicize the hearings is like expecting the sun to set in the East. It ain't going to happen. I would suggest if your Congressman is on this list to send them an email saying you oppose this effort.

UPDATE: Rep. Lamar Smith (R-TX), Chairman of the House Judiciary Committee, says no hearings. According to a story in the Los Angeles Times, Rep. Smith said:

Smith, in his response, said the committee should review the database, known as the National Instant Criminal Background Check System "at the appropriate time." But hearings now might affect criminal proceedings in which Loughner's "mental status is likely to be a key issue," he said.

"Jared Loughner has not been found to be mentally ill," Smith said. "It is inappropriate for Congress to hold hearings on NICS that presume otherwise while Loughner is facing trial."

Imagine that - a politician who believes enough in the rule of law and fair trials that he won't allow grandstanding in the committee he chairs.

As to the Democrats on the Judiciary Committee, 10 out of the 16 are co-sponsors of McCarthy's HR 308.