Cloture Invoked On Kavanaugh Nomination

The Senate voted 51-49 to invoke cloture on debate regarding the nomination of Judge Brett Kavanaugh to replace Justice Anthony Kennedy on the Supreme Court. This means that a final vote can be taken as early as Saturday afternoon. Cloture was invoked at 10:36am EDT which started the 30 hour clock on debate. If the Democrats relinquish the floor at anytime during that 30 hour period, the final vote can be called.

The only Democrat to vote for cloture was Sen. Joe Manchin (D-WV) while the only Republican to vote against it was Lisa Murkowski (R-AK). Manchin is up for re-election this year while Murkowski doesn't have to face Alaska voters until 2022. President Trump won both states in the 2016 election.

If this vote holds without any more Republican defections, then Judge Kavanaugh will become Justice Kavanaugh. The one wrinkle in this right now is Sen. Steve Daines (R-MT) who plans to be out of town on Saturday to attend his daughter's wedding. Too bad she didn't have a June wedding!

The ayes and nays are below:

Grouped By Vote Position 

YEAs ---51

Alexander (R-TN)
Barrasso (R-WY)
Blunt (R-MO)
Boozman (R-AR)
Burr (R-NC)
Capito (R-WV)
Cassidy (R-LA)
Collins (R-ME)
Corker (R-TN)
Cornyn (R-TX)
Cotton (R-AR)
Crapo (R-ID)
Cruz (R-TX)
Daines (R-MT)
Enzi (R-WY)
Ernst (R-IA)
Fischer (R-NE)
Flake (R-AZ)
Gardner (R-CO)
Graham (R-SC)
Grassley (R-IA)
Hatch (R-UT)
Heller (R-NV)
Hoeven (R-ND)
Hyde-Smith (R-MS)
Inhofe (R-OK)
Isakson (R-GA)
Johnson (R-WI)
Kennedy (R-LA)
Kyl (R-AZ)
Lankford (R-OK)
Lee (R-UT)
Manchin (D-WV)
McConnell (R-KY)
Moran (R-KS)
Paul (R-KY)
Perdue (R-GA)
Portman (R-OH)
Risch (R-ID)
Roberts (R-KS)
Rounds (R-SD)
Rubio (R-FL)
Sasse (R-NE)
Scott (R-SC)
Shelby (R-AL)
Sullivan (R-AK)
Thune (R-SD)
Tillis (R-NC)
Toomey (R-PA)
Wicker (R-MS)
Young (R-IN)

NAYs ---49

Baldwin (D-WI)
Bennet (D-CO)
Blumenthal (D-CT)
Booker (D-NJ)
Brown (D-OH)
Cantwell (D-WA)
Cardin (D-MD)
Carper (D-DE)
Casey (D-PA)
Coons (D-DE)
Cortez Masto (D-NV)
Donnelly (D-IN)
Duckworth (D-IL)
Durbin (D-IL)
Feinstein (D-CA)
Gillibrand (D-NY)
Harris (D-CA)
Hassan (D-NH)
Heinrich (D-NM)
Heitkamp (D-ND)
Hirono (D-HI)
Jones (D-AL)
Kaine (D-VA)
King (I-ME)
Klobuchar (D-MN)
Leahy (D-VT)
Markey (D-MA)
McCaskill (D-MO)
Menendez (D-NJ)
Merkley (D-OR)
Murkowski (R-AK)
Murphy (D-CT)
Murray (D-WA)
Nelson (D-FL)
Peters (D-MI)
Reed (D-RI)
Sanders (I-VT)
Schatz (D-HI)
Schumer (D-NY)
Shaheen (D-NH)
Smith (D-MN)
Stabenow (D-MI)
Tester (D-MT)
Udall (D-NM)
Van Hollen (D-MD)
Warner (D-VA)
Warren (D-MA)
Whitehouse (D-RI)
Wyden (D-OR)

Julie Nails It

Libertarian comedienne Julie Borowski with her squeaky little voice and innocent, confused looks nails it in this video. This is especially true given the statement from Sen. Joe Manchin (D-WV) that "due process is what's killing us right now".

Due process is and will remain important so long as we as a country remain faithful to the Constitution. Once due process goes we might just as well have just remained colonies under the British Crown.

Sneak Attack By Dems Fails

If it hadn't been for an alert from the National Shooting Sports Foundation this afternoon, I would not have known that the Democrats were planning to bring up gun control amendments to H.R.3762 - Restoring Americans' Healthcare Freedom Reconciliation Act of 2015. That bill would repeal parts of ObamaCare so it was near and dear to the Republicans' heart.

The two major anti-gun amendments were brought up by Sen. Dianne Feinstein (D-CA) and Sen. Joe Manchin (D-WV). Feinstein's amendment would have made anyone listed on the FBI's secret Terrorist Screening Database a prohibited person for NICS checks. The Manchin amendment was a repeat of 2013's Manchin-Toomey universal background check bill.

Both amendments needed 60 votes to pass. Fortunately, neither even got a majority.

Feinstein's amendment failed 45 Aye to 54 Nay. Meanwhile, Manchin-Toomey failed by a vote of 47 Aye to 50 Nay as reported live on the Senate's livestream. It seems that an additional vote was added to the Aye column in the final reprot.

As NSSF General Counsel Larry Keane pointed out on Twitter, Manchin-Toomey got 7 fewer votes in 2015 than in 2013. (Actually, 6 but still...)

Both of these votes were cynical efforts on the part of Democrats to play off on yesterday's terrorist attack in San Bernadino, California. I think we can come to expect to see this come up with every major vote or after any mass shooting that doesn't involve JJ, Pookie, Ice Dog, or Ray-Ray.

The roll call vote on Feinstein's amendment breaks down like this:

YEAs ---45
Baldwin (D-WI) Bennet (D-CO) Blumenthal (D-CT) Booker (D-NJ) Boxer (D-CA) Brown (D-OH) Cantwell (D-WA) Cardin (D-MD) Carper (D-DE) Casey (D-PA) Coons (D-DE) Donnelly (D-IN) Durbin (D-IL) Feinstein (D-CA) Franken (D-MN)	Gillibrand (D-NY) Heinrich (D-NM) Hirono (D-HI) Kaine (D-VA) King (I-ME) Kirk (R-IL) Klobuchar (D-MN) Leahy (D-VT) Manchin (D-WV) Markey (D-MA) McCaskill (D-MO) Menendez (D-NJ) Merkley (D-OR) Mikulski (D-MD) Murphy (D-CT)	Murray (D-WA) Nelson (D-FL) Peters (D-MI) Reed (D-RI) Reid (D-NV) Sanders (I-VT) Schatz (D-HI) Schumer (D-NY) Shaheen (D-NH) Stabenow (D-MI) Tester (D-MT) Udall (D-NM) Warren (D-MA) Whitehouse (D-RI) Wyden (D-OR)

NAYs ---54
Alexander (R-TN) Ayotte (R-NH) Barrasso (R-WY) Blunt (R-MO) Boozman (R-AR) Burr (R-NC) Capito (R-WV) Cassidy (R-LA) Coats (R-IN) Cochran (R-MS) Collins (R-ME) Corker (R-TN) Cornyn (R-TX) Cotton (R-AR) Crapo (R-ID) Cruz (R-TX) Daines (R-MT) Enzi (R-WY)	Ernst (R-IA) Fischer (R-NE) Flake (R-AZ) Gardner (R-CO) Graham (R-SC) Grassley (R-IA) Hatch (R-UT) Heitkamp (D-ND) Heller (R-NV) Hoeven (R-ND) Inhofe (R-OK) Isakson (R-GA) Johnson (R-WI) Lankford (R-OK) Lee (R-UT) McCain (R-AZ) McConnell (R-KY) Moran (R-KS)	Murkowski (R-AK) Paul (R-KY) Perdue (R-GA) Portman (R-OH) Risch (R-ID) Roberts (R-KS) Rounds (R-SD) Rubio (R-FL) Sasse (R-NE) Scott (R-SC) Sessions (R-AL) Shelby (R-AL) Sullivan (R-AK) Thune (R-SD) Tillis (R-NC) Toomey (R-PA) Vitter (R-LA) Wicker (R-MS)

Not Voting - 1

Warner (D-VA)

And the roll call vote on this year's Manchin-Toomey universal background check amendment is as follows:

YEAs ---48
Baldwin (D-WI) Bennet (D-CO) Blumenthal (D-CT) Booker (D-NJ) Boxer (D-CA) Brown (D-OH) Cantwell (D-WA) Cardin (D-MD) Carper (D-DE) Casey (D-PA) Collins (R-ME) Coons (D-DE) Donnelly (D-IN) Durbin (D-IL) Feinstein (D-CA) Franken (D-MN)	Gillibrand (D-NY) Heinrich (D-NM) Hirono (D-HI) Kaine (D-VA) King (I-ME) Kirk (R-IL) Klobuchar (D-MN) Leahy (D-VT) Manchin (D-WV) Markey (D-MA) McCain (R-AZ) McCaskill (D-MO) Menendez (D-NJ) Merkley (D-OR) Mikulski (D-MD) Murphy (D-CT)	Murray (D-WA) Nelson (D-FL) Peters (D-MI) Reed (D-RI) Reid (D-NV) Sanders (I-VT) Schatz (D-HI) Schumer (D-NY) Shaheen (D-NH) Stabenow (D-MI) Tester (D-MT) Toomey (R-PA) Udall (D-NM) Warren (D-MA) Whitehouse (D-RI) Wyden (D-OR)

NAYs ---50
Alexander (R-TN) Ayotte (R-NH) Barrasso (R-WY) Blunt (R-MO) Boozman (R-AR) Burr (R-NC) Capito (R-WV) Cassidy (R-LA) Coats (R-IN) Cochran (R-MS) Corker (R-TN) Cornyn (R-TX) Cotton (R-AR) Crapo (R-ID) Cruz (R-TX) Daines (R-MT) Enzi (R-WY)	Ernst (R-IA) Fischer (R-NE) Flake (R-AZ) Gardner (R-CO) Graham (R-SC) Grassley (R-IA) Hatch (R-UT) Heitkamp (D-ND) Heller (R-NV) Hoeven (R-ND) Inhofe (R-OK) Isakson (R-GA) Lankford (R-OK) Lee (R-UT) McConnell (R-KY) Moran (R-KS) Murkowski (R-AK)	Paul (R-KY) Perdue (R-GA) Portman (R-OH) Risch (R-ID) Roberts (R-KS) Rounds (R-SD) Rubio (R-FL) Sasse (R-NE) Scott (R-SC) Sessions (R-AL) Shelby (R-AL) Sullivan (R-AK) Thune (R-SD) Tillis (R-NC) Vitter (R-LA) Wicker (R-MS)

Not Voting - 2
Johnson (R-WI)	Warner (D-VA)

Just like in 2013 the only Republicans voted for Manchin-Toomey were Sen. Mark Kirk (R-IL), Sen. John McCain (R-AZ), Sen. Susan Collins (R-ME) and, of course, Sen. Pat Toomey (R-PA). (Corrected to add Collins who I missed when I first scanned the list)

Shocked, I Am (Not)

As a "reward" for Sen. Joe Manchin's conversation to the dark side, NYC Mayor Michael Bloomberg will be hosting a fundraiser for him. It is to be held at his home in Manhattan. I presume that means his private home and not Gracey Mansion. The minimum to attend is $1,000.

From Buzzfeed:

The fundraiser, scheduled for July 22, marks Bloomberg’s efforts to reward those who supported the gun control campaign and punish those senators who voted against it, including four Democratic senators: Montana’s Max Baucus, Alaska’s Mark Begich, North Dakota’s Heidi Heitkamp, and Arkansas’ Mark Pryor. Last month, the New York City mayor appealed to state donors to cut off contributions to the four lawmakers.

It is no wonder that Beretta scratched the state of West Virginia off the list for possible expansion. I'm sure events like this will play well in the coalfields and factories of West Virginia.

UPDATE: It turns out that Mike Bloomberg not only hates guns but hates coal. Thanks to Sebastian for this link to Bloomberg's commitment of $50 million to close down coal burning power plants.

A Welcome Unintended Consequence Of The IRS Scandal

The scandal involving the IRS targeting tea party groups and auditing certain conservatives is having a welcome unintended consequence. Not only does it have the White House playing damage control but it may have put a hold on further attempts to reintroduce the Manchin-Toomey background checks.

According to Sen. Joe Manchin (D-WV) himself on a West Virginia radio show, it isn't helping.

Isn’t it more understandable, asked host Hoppy Kercheval, that people who fear more government intrusion or influence would now have some of those fears stoked after the revelations in the past week?

“Absolutely - I agree 1,000 percent,” Mr. Manchin said on MetroNews’ “Talkline.” “People are saying, ‘Joe, we read your legislation, it makes all the sense in the world and we’re for that legislation - we’re just afraid government won’t stop there.’”

I guess we should be thanking those faceless Obama ideologues in the IRS for being so overtly and over the top political in their actions.

Manchin goes on to say that the Second Amendment can only be changed by the legislative branch of the government. Perhaps someone needs to send Manchin a copy of the United States Constitution. The amendment process involves both Congress AND ratification by three-fourths of the states. Article V of the Constitution also say the states themselves could call for a constitutional convention.

Manchin's Dead Horse

Joe Manchin's continuing efforts to push background checks and other gun control reminds me of a (bad) joke I heard many years ago.

When told of a pervert's interest in bestiality, necrophilia, and BDSM, the listener just rolled his eyes and said, "That's like beating a dead horse."

Manchin was interviewed by Chris Wallace on Fox News Sunday this morning. In the interview, Manchin continued to insist that his background check bill with a little tweaking could pass the Senate.

From the Fox News Sunday transcript:

WALLACE: All right. Finally, Senator Manchin, you and Republican -- fellow Republican Senator Pat Toomey, were the coauthors of this expanded background check that was voted down a few days ago in the Senate. You're talking now -- you're talking about revising the bill, bringing it back to the Senate floor.

It came out today that your cosponsor, Pat Toomey says, no, I'm done with it. Do you really think that the expansion of background checks can be revised and can be passed by the U.S. Senate?

MANCHIN: I certainly do. The only thing that we've asked for is that people would just read the bill. It's a criminal and mental background check strictly at gun shows and online sales.

The way the law is today, if you go to a gun store, you have a background check done. If you go to a gun show and you go to a licensed dealer, they still do a background check. But you can go to the next table over and have no check at all.

You can online. If you buy a gun out of state online --

WALLACE: But, Senator, respectfully, we knew all that beforehand and your colleagues didn't vote for it?

MANCHIN: Well, I think -- Chris, I think there were some confusion. The first bill that came out basically was dropped, the Chuck Schumer bill, which was all inclusive. Chuck, we talked to Chuck and he backed off that, and we worked on what we thought was a much better bill, especially coming from a gun culture that I come from in West Virginia.

I've gone down and worked the bill into the coal fields, into the gun--friendly West Virginians that I hunt with, and sport shoot with. And all of them to a "T," when they saw the bill, this basically not only protects your Second Amendment rights, it expands your Second Amendment rights.

WALLACE: But, and we're running out of time, Pat Toomey, cosponsor of Manchin/Toomey, says he's done with it?

MANCHIN: I don't think he's done. I really don't know. I was with Pat last night and Pat's totally committed to this bill and I believe that with all of my heart and we're going to work this bill -- when people read the bill, just take time to read the bill. I've said this, if you're a law--abiding gun owner, you'll love this bill. If you're a criminal, if you've been mentally adjudicated through a court, you probably won't like it.

But all we're doing, we don't infringe on anybody's rights, individual rights, transfers of families --

WALLACE: I want to make it clear: you're going to bring this bill back --

MANCHIN: Absolutely.

WALLACE: -- to the Senate floor. And you think it's going to be different?

MANCHIN: I truly believe if we have time to sell the bill, and people will read the bill, and I'm willing to go anywhere in this country, I'm going to debate anybody on this issue, read the bill and you tell me what you don't like. We stop registration completely from the standpoint of the felony, with 15 years of imprisonment.

WALLACE: And is part of the idea here that you are going to have it stripped away and separate it from --

MANCHIN: The bill needs to be clean, I believe. That's my belief, that if the bill runs clean and people can vote on this bill up or down based on the merits of this bill, how it protects a gun, a Second Amendment gun person, a law-abiding gun owner, it's perfect for that person.

If you're going to a gun show, you're going to expect to have a background check. If you're buying online, whether it's an out-of-state gun or in-state, a background check. No intervening at all with family transfers or any individual rights whatsoever.

Manchin's co-author Sen. Pat Toomey (R-PA) said the effort was over on his part according to his statements in a conference call on Friday. He has indicated he wants to return his attention to fiscal and economic issues.

From the CapitolInq blog at Philly.com:

"My own view is very simple: the senate has had its vote. We’ve seen the outcome of that vote. I am not aware of any reason to believe that if we had the vote again that we’d have a different outcome," Toomey, a Republican, said in a conference call with reporters Friday afternoon. "If that were to change my guess is (Senate Majority Leader Harry) Reid would consider having another vote."....

"Until we have such reason to believe that we’d have a different outcome I think the issue is resolved by the senate," Toomey said Friday. "I accept when the senate speaks and so I’ve turned my attention to the fiscal and economic matters that I’ve normally focused on."

I guess Toomey is not the glutton for pain that Manchin seems to be. 

Text To Manchin-Toomey Amendment Is Now Available

After the Senate adjourned this evening, Sen. Pat Toomey (R-PA) released the official language to the Public Safety and Second Amendment Rights Protection Act. This is the amendment that he and Sen. Joe Manchin (D-WV) will submit to Sen. Chuck Schumer's S. 649.

I've briefly scanned through it and have some preliminary observations.

First, the incentives to the states to provide more and better data to the NICS System looks to have been lifted in its entirety from Sec. 101 and 102 of Schumer's S. 374.

Second, if you offer to sell a firearm using any forum, gun board, Facebook, Gunbroker,com, etc. OR any classified ad in a newspaper or free trading post paper, you must do a background check. From Section 122

(B) pursuant to an advertisement, posting, display or other listing on the Internet or in a publication by the transferor of his intent to transfer, or the transferee of his intent to acquire, the firearm.

The bill does say offering to sell or exhibit your gun for sale in your private residence doesn't constitute a gun show. Still, if you offered to sell it first on the Internet and completed the sale at home, a check would be required.

Third, while the dealer can substitute a CCW or FOID card for the NICS check, it still has to be done by a licensed dealer and a Form 4473 must be completed. Moreover, if I'm reading it correctly, substitution of the CCW for the NICS check would only apply if the Feds have certified it is equivalent. I know there are many states where the a CCW is not accepted in lieu of a NICS check.

Fourth, under Sec. 129 - Rule of Construction it states:

Nothing in this subtitle, or an amendment made by this subtitle, shall be construed-
(1) to extend background check requirements to transfers other than those made at gun shows or on the curtilage thereof, or pursuant to an advertisement, posting, display, or other listing on the Internet or in a publication by the transferor of the intent of the transferor to transfer, or the transferee of the intent of the transferee to acquire, the firearm; or
(2) to extend background check requirements to temporary transfers for purposes including lawful hunting or sporting or to temporary possession of a firearm for purposes of examination or evaluation by a prospective transferee.

I would still worry about so-called temporary transfers for purposes other than hunting or sporting purposes between non-family members. If you loaned a friend who was separated from an abusive spouse a gun for self-protection, it might be dicey.

Finally, the only part of the bill I like is that it makes knowingly violating the prohibition against a national gun registry an offense with a 15 year prison term.

UPDATE: Sebastian has a much more thorough analysis of the amendment here. I would make sure to read the comments as they also contain a lot of analysis.

In general, it seems to be upon reflection that requiring background checks for private sales conducted or arranged at gun shows or through the Internet or a publication is just one step away from universal background checks. All it would take to make it so would another amendment to the bill. The gun prohibitionists could make the argument, and in this case I'd consider it valid, if you are going to require background checks for a gun sold through a posting on an electronic bulletin board, why not require it for posting a notice on a cork bulletin board at work.

What - No Blow And Hookers Available?

Sen. Mark Kirk (Rino-IL) is crediting booze and a yacht for smoothing an agreement on gun control.

Speaking to reporters about his work on firearm background checks and other gun-related legislation, the Illinois Republican told a gaggle of reporters that credit for bipartisan efforts in the Senate are in part thanks to visits to the Black Tie, a vessel that is partially owned by Sen. Joe Manchin III, D-W.Va.

“You guys really ought to go out to National Harbor and see the Black Tie, which has been much of the reason for much of the bipartisan cooperation around here,” Kirk said.

Kirk said Sens. Kay Hagan, a North Carolina Democrat and Lisa Murkowski, an Alaska Republican, are frequent visitors. Asked about the menu at the gatherings, Kirk didn’t say much, though he indicated some booze might be consumed.

“Sometimes alcoholic beverages might be served and ties might … get loosened,” Kirk said.

Manchin described the yacht as "an old boat" in an interview with the Washington Post published today. He seemed a little surprised that they knew about it.

Ed O’Keefe: He said that you’re a one-eighth owner of a vessel that sits in National Harbor.

Manchin: “No, I’m not one-eighth. I’m a wee little small owner and have a generous partner. But you know what, it’s an older boat, it’s nice, we have a lot of fun.”

David A. Fahrenthold: Is it a yacht or pontoon?

Manchin: “No, it’s an older big boat. But we can get 10 or more senators and have a good time. And you know what? We can go float out there and you can’t find us.

“We go out on the Potomac. You build relationships. I’m doing everything I can to build relationships. I love to know my senator colleagues – Democrats and Republicans. Just trying to, I just know back home that’s what we do. Cheapest thing you can do is feed people.

Ed O’Keefe: Were any of the gun talks aboard The Black Tie?

Manchin: “We talk about everything. Everything. Everybody. You’d be surprised — and Mark will tell you that. Mark and I just kept getting, we’ve been good friends since day one and we kept getting closer and closer and closer. And we’d say, ‘Let’s invite so-and-so, you invite so-and-so and I’ll invite so-and-so.’

“And you know, just beer, pizza, whatever, just have a good time. But it was a way to break the ice, it was a way that we look forward to getting together. The boat’s not here now, but if we get it back, we’ll use it again.

The Black Tie is a little bit more than a "pontoon boat". According to this article, Manchin bought the boat in partnership with another couple for $620,000 back in 2003. It is a 54 ft Sea Ray Sundancer 540. He and the other couple formed a Delaware corporation to own even though at the time he was Secretary of State for West Virginia. One of the current co-owners is former WV State Liquor Commissioner Dick Barber who was previously convicted on Federal charges of racketeering. Manchin's people are denying that Barber is still an owner.

An example of a Sundancer 540

I guess the junior Senator from West Virginia is giving new meaning to trying to keep up with the Rockefellers.

GOA To Manchin and Toomey - Hell No!

The Gun Owners of America was even less kind to Senators Joe Manchin (D-WV) and Pat Toomey (R-PA) than the NRA-ILA. They called it a sellout that was worse than the "Feinstein gun ban". I'm not sure I'd agree on that but it most certainly is not the panacea envisioned by the good senators.

GOA is calling the bill the "See a Shrink, Lose your Guns" bill. Their release is below:

Urgent action required. It is urgent that every gun owner call their Senators today and demand that they oppose the “See a Shrink, Lose your Guns” sell-out bill that is being authored by Senators Pat Toomey (R) and Joe Manchin (D) - but which also has Chuck Schumer’s fingerprints all over it. Call immediately at 202-224-3121.

See a Shrink, Lose your Guns. The anti-gun "ranters" have spent the last week telling us that Republican Senators can’t filibuster Harry Reid’s gun control bill; that they can’t cut off debate to a bill they haven’t seen yet. “Let the bill come up,” they say. “We need to see the bill” before Senators can vote against cloture to proceed to it.

Well, we’ve seen the Toomey-Manchin-Schumer sell-out, and it’s worse than the Feinstein gun ban, which will reportedly be tied to it and offered simultaneously in a Senate procedure known as an “amendment tree.”

Toomey and Manchin will claim that their bill only covers “gun show sales” and Internet sales. But if you’ve ever talked about your gun and /or let it be known you’d like to sell or buy a gun on the Internet, this language covers you. If you advertise your gun in the church bulletin and the bulletin is put on the Internet, you’re covered.

The only exemption is for sales that are sold exclusively by word of mouth. The increased number of background checks would likely exacerbate the system breakdowns (inherent to NICS) which have shut down gun shows over and over again. It would mean that Americans who were illegally denied firearms because their names were similar to other people's would effectively be barred from owning a gun. (We would never tolerate such delays for voting rights or other freedoms that we are guaranteed.)

And for those Republicans who think they’re going to be able to offer their useless amendments, guess what? Reid is reportedly going to use a procedure to block out all amendments (called an “amendment tree”). And there are plenty of Senators standing in line to make sure that the Senate doesn’t give “unanimous consent” to let those Republicans offer their amendments.

So if you live in a rural area, you’re effectively barred from selling or buying a gun - or it at least becomes very, very difficult.

Incidentally, the Toomey-Manchin-Schumer “national registry” language is full of holes. There will be a national gun registry as a result of this sell-out.

But that’s not the worst part. Under an amendment in the bill to HIPAA (Health Insurance Portability and Accountability Act), you could have your guns taken away because your private shrink thinks you’re “dangerous” and could send your name directly to the FBI Instant Check system.

Did you think it was terrible that 150,000 military veterans had been added into the NICS system because they’d seen a VA shrink about their PTSD? Well guess what? Now it’s going to happen to the rest of the population ... by the millions!

And the next step, of course, will be to begin to sue psychiatrists that don’t send every single patient’s name to the Instant Check system, and to make sure that their lives are ruined if they don’t send a patient to NICS and anything goes wrong.

The bottom line: “See a shrink; lose your guns.”

All of this will reportedly be on an amendment tree with the Feinstein gun ban and magazine bans.

Repeal of gun owner protections. In addition, Toomey no doubt unintentionally agreed to repeal one of the most important protections for gun owners that was included in the 1986 McClure-Volkmer Act - the provision that would allow you to take an unloaded, locked-up gun through states like New York without being stopped. Under a new subsection (c), the Toomey-Manchin-Schumer bill would require you to “demonstrate” to the satisfaction of New York police where you were coming from and where you are going to. And, if you don’t do that to their satisfaction, they can arrest you.

Please keep in mind, nothing in this bill would have stopped Newtown dirtbag from killing his mother and taking the firearms that she owned and perpetrating the horrible crimes that he committed.

Nothing is this bill would actually make children safer at schools. There is nothing that will actually keep bad guys from stealing or illegally acquiring guns, but there’s plenty that will threaten our gun rights!

ACTION: Contact your two senators immediately. Tell them the “see a shrink; lose your guns” sellout is even worse than the Feinstein gun ban which will reportedly be on the same amendment tree with it. Distribute this alert far and wide.

Time is short, so if you call - at 202-224-3121 - you may click below to see the pre-written letter and use the contents to help direct your comments.

Click here to send your Senators a prewritten email message.

NRA To Toomey And Manchin - Nope!

If Senators Toomey and Manchin thought their little attempt at bi-partisan gun control would fly with the NRA, they were mistaken. The NRA-ILA released the statement below regarding the Manchin-Toomey proposed bill.

Fairfax, Va. - Expanding background checks at gun shows will not prevent the next shooting, will not solve violent crime and will not keep our kids safe in schools. While the overwhelming rejection of President Obama and Mayor Bloomberg's "universal" background check agenda is a positive development, we have a broken mental health system that is not going to be fixed with more background checks at gun shows. The sad truth is that no background check would have prevented the tragedies in Newtown, Aurora or Tucson. We need a serious and meaningful solution that addresses crime in cities like Chicago, addresses mental health deficiencies, while at the same time protecting the rights of those of us who are not a danger to anyone. President Obama should be as committed to dealing with the gang problem that is tormenting honest people in his hometown as he is to blaming law-abiding gun owners for the acts of psychopathic murderers.

 TheHill has a little more on this here.

Toomey & Manchin - The Public Safety and Second Amendment Rights Protection Act

I didn't get to see the press conference at 11am. However, the following is the joint release that Sen. Pat Toomey and Sen. Joe Manchin are putting out. They are calling this bill "The Public Safety and Second Amendment Rights Protection Act".

As with everything, the devil is in the details. One of the keys will be how transfers are defined. Will it be transfer as in transferring ownership or the Bloomberg desired redefinition. If it is the latter, this bill needs to die a quick death with plenty of pain for both Toomey and Manchin. Remember these are only the publicized details of the bill and not the actual language

The only two things I really see that I like within this bill is that a concealed carry permit from any state will substitute for a NICS check and that interstate sales of handguns will now be permitted by dealers. I am presuming that the latter means you or I can go into a gun shop in another state and buy that custom 1911 that has been sitting in the dealer's second hand case. While I can currently use my NC CHP for a purchase, the concern I'd have about this provision is letting the Feds get involved in defining the requirements of a CCW.

I still think Pat Toomey is a damn fool for even getting involved in any of this and should have let the Democrats shoot themselves in the foot with gun control.

Bottom Line: The Public Safety and Second Amendment Rights Protection Act would require states and the federal government to send all necessary records on criminals and the violently mentally ill to the National Instant Criminal Background Check System (NICS). The bill extends the existing background check system to gun shows and online sales.

The bill explicitly bans the federal government from creating a national firearms registry, and imposes serious criminal penalties (a felony with up to 15 years in prison) on any person who misuses or illegally retains firearms records.

TITLE ONE: GETTING ALL THE NAMES OF PROHIBITED PURCHASERS INTO THE BACKGROUND CHECK SYSTEM

Summary of Title I: This section improves background checks for firearms by strengthening the instant check system.

• - Encourage states to provide all their available records to NICS by restricting federal funds to states who do not comply.
• - Allow dealers to voluntarily use the NICS database to run background checks on their prospective employees.
• - Clarifies that submissions of mental health records into the NICS system are not prohibited by federal privacy laws (HIPAA).
• - Provides a legal process for a veteran to contest his/her placement in NICS when there is no basis for barring the right to own a firearm.

TITLE TWO: REQUIRING BACKGROUND CHECKS FOR FIREARM SALES

Summary of Title II: This section of the bill requires background checks for sales at gun shows and online while securing certain aspects of 2nd Amendment rights for law abiding citizens.

• - Closes the gun show and other loopholes while exempting temporary transfers and transfers between family members.
• - Fixes interstate travel laws for sportsmen who transport their firearms across state lines in a responsible manner. The term "transport" includes staying in temporary lodging overnight, stopping for food, buying fuel, vehicle maintenance, and medical treatment.
• - Protects sellers from lawsuits if the weapon cleared through the expanded background checks and is subsequently used in a crime. This is the same treatment gun dealers receive now.
• - Allows dealers to complete transactions at gun shows that take place in a state for which they are not a resident.
• - Requires that if a background check at a gun show does not result in a definitive response from NICS within 48 hours, the sale may proceed. After four years, when the NICS improvements are completed, the background check would clear in 24 hours. Current law is three business days.
• - Requires the FBI to give priority to finalizing background checks at gun shows over checks at store front dealerships.
• - Authorizes use of a state concealed carry permit instead of a background check when purchasing a firearm from a dealer.
• - Permits interstate handgun sales from dealers.
• - Allows active military to buy firearms in their home states.
• - Family transfers and some private sales (friends, neighbors, other individuals) are exempt from background checks

 TITLE THREE: NATIONAL COMMISSION ON MASS VIOLENCE

Summary of Title III: : This section of the bill creates a commission to study the causes of mass violence in the United States, looking at all aspects of the problem, including guns, school safety, mental health, and violent media or video games.

The Commission would consist of six experts appointed by the Senate Majority Leader and six experts appointed by the Speaker of the House. They would be required to submit an interim report in three months and a completed report in six months.

WHAT THE BILL WILL NOT DO

The bill will not take away anyone's guns.

The bill will not ban any type of firearm.

The bill will not ban or restrict the use of any kind of bullet or any size clip or magazine.

The bill will not create a national registry; in fact, it specifically makes it illegal to establish any such registry.

The bill will not, in any way at all, infringe upon the Constitutional rights of law-abiding citizens -

Toomey, Manchin, And The Politics Of "Doing Something"

I, for one, do not understand just what the hell that Sen. Pat Toomey (R-PA) thought he'd gain by entering backroom discussions on gun control with Sen. Joe Manchin (D-WV). Gun control legislation was dying in the Senate because red-state Democrats up for re-election in 2014 were mortally afraid of it. Toomey's move gives them more than a bit of cover.




I'll be in client meetings when Toomey and Manchin have their press conference at 11 am this morning. However, Sebastian and Bitter have been doing a great job of reporting on Toomey's efforts. I suggest going there to read some more background and to keep up with the latest details.

The Topic That Dare Not Speak Its Name

With apologies to Oscar Wilde, for Sen. Joe Manchin (D-WV) there is a topic that dare not speak its name. That topic is gun control and the Second Amendment.

Sen. Manchin gave an interview to The Journal of Martinsburg, WV that was published on Sunday. At the top of the interview was the following editor's note:

Editor's note: This question and answer session was permitted under the condition that The Journal would not ask questions regarding gun control legislation or the Second Amendment, as requested by the senator's staff.

Given that Manchin was elected to a full six-year term in 2012 and won't be up for re-election until 2018, I find this all rather strange. You must wonder what the good Senator has to hide.

His staff is now denying that they made the topic off-limits. They just said he wouldn't answer questions on gun control or the Second Amendment.

The way I see it is that it is irrelevant whether the topic was off-limits or that Manchin would just refuse to answer the question. He still is hiding. He's backtracked a good deal from the earlier positions he took in January. If I were a resident of West by God Virginia, I'd be demanding answers as a constituent to just where Manchin stands now on gun control. He owes his constituents an honest answer and it looks like he is doing everything in his power to avoid doing that.


H/T Instapundit

The Kirsten Gillibrand Of West By God Virginia

That was then:



This is now. From MSNBC's Morning Joe:

“I’m a proud outdoors-man and huntsman, like many Americans, and I like shooting, but this doesn’t make sense,” Manchin said. “I don’t know anyone in the sporting and hunting arena who goes out with an assault rifle; I don’t know anyone who needs 30 rounds in the clip to go hunting.”

I think Joe Manchin needs to be reminded that the Second Amendment has nothing to do with either duck hunting or deer hunting. It has everything to do with being able to protect yourself and your family. That includes protecting yourself from state-sponsored violence and a tyrannic government.

Manchin said that after the fiscal cliff is resolved, this will be a high priority.

Newtown’s shooting “has changed the dialogue and it should move beyond dialogue, we need action.”

With people like Joe Manchin who sways with the politically-expedient winds, is it any wonder that the country is in such trouble?

UPDATE: The West Virginia Citizens Defense League has scheduled a protest outside of Joe Manchin's Charleston, WV office on Saturday, December 22nd. It is scheduled for 10am. The location is 300 Virginia Street East. See their Facebook page for more details.


H/T Sebastian

Nice But Why Not Just Pass HR 822

Senators Joe Manchin (D-WV), Mark Begich (D-AK), and Mike Crapo (R-ID) have introduced the National Right-to-Carry Reciprocity Act of 2012. According to the press releases (see below), it is similar to HR 822 which passed the House of Representatives on November 16, 2011 on a 272-154 rollcall vote. That bill is currently in the Senate Judiciary Committee awaiting hearings.

The text of the Senate bill is not yet available on the Library of Congress's website. I have to assume that it is very similar - if not exactly the same - to what was passed in the House. A bill passed in the House does not need a similar bill introduced in the Senate though it is common practice. Given that, would not it just be easier to work with the bill that has already passed one house of Congress? To my way of thinking it provides less chance of having to reconcile vastly differing bills in a conference committee where the final bill could be watered down to merely a feel-good measure.

That said, this bill does have the endorsement of the NRA. If giving some pro-gun Democrats cover is the price we need to pay, I can live with that.

From Begich's press release:

In an effort to remove burdensome red tape that hampers the ability of legal concealed carry permit holders to carry concealed firearms into other states that allow them, a bi-partisan group of Senators has introduced the National Right-to-Carry Reciprocity Act of 2012. A similar bill passed the House last year with a vote of 272-164.

The Senate bill, endorsed by the National Rifle Association (NRA), is sponsored by Sen. Mark Begich (D-Alaska), Sen. Joe Manchin (D-West Virginia), and Sen. Mike Crapo (R-Idaho).

Under the legislation, an individual with a valid ID and concealed carry permit would be allowed to carry a concealed handgun into any state that has a statute permitting residents to carry concealed firearms, or that does not explicitly prohibit them.

The legislation also says an individual who is ineligible for a concealed carry permit in his or her state would not be allowed to obtain an out-of-state permit in a state with less restrictive eligibility requirements in order to use that permit in his or her own state.

“I’m leading the effort to provide consistency so law-abiding gun owners can carry concealed firearms in every state that permits them without having to navigate confusing rules and regulations in different states,” Begich said. “The right to keep and bear arms is a fundamental right and part of who we are as Alaskans and Americans. This bill is one more step in my ongoing efforts to protect the Second Amendment rights of law-abiding citizens.”

“This common sense legislation would cut down on the layers of regulations facing law-abiding Americans who have the right to own guns and use them responsibly,” Manchin said. “If we can streamline and simplify some of our rules governing gun ownership, everybody wins – especially the 65,000 West Virginians who hold concealed carry permits.”

“This legislation respects the rights of law-abiding citizens by allowing them to defend themselves across state lines,” Crapo said. “Most importantly, they would still have to comply with all the firearms laws of the state in which they travel. The act facilitates the ability of states to design a system for concealed-carrier firearms in a fair way, while protecting the rights of states to honor all of their firearms laws.”

The executive director for the NRA’s Institute for Legislation Action, Chris Cox, praised the Senators for introducing the bill and said it is critical to protect Second Amendment rights.

"Over the last two decades, the NRA has led the way toward a brick-by-brick restoration of self-defense laws throughout the country. National Right-to-Carry reciprocity is yet another step forward for law-abiding Americans," Cox said. "Citizens aren't immune to crime when they cross state lines, so it is only reasonable that they have an effective means of protecting themselves and their loved ones while in other states. The NRA thanks Senator Mark Begich for introducing this measure in the U.S. Senate, along with Senators Joe Manchin and Mike Crapo, for their efforts to strengthen self-defense laws in America."

From Manchin's press release:

Washington, D.C. -- In an effort to remove burdensome red tape that limits the ability of legal concealed carry permit holders to carry concealed firearms into other states that allow them, U.S. Senator Joe Manchin (D-W.Va.) has joined a bipartisan group of Senators in introducing the National Right-to-Carry Reciprocity Act of 2012.

Under the legislation, an individual with a valid ID and concealed carry permit would be allowed to carry a concealed handgun into any state that allows residents to carry concealed firearms.

“This commonsense legislation would cut down on the layers of regulations facing law-abiding Americans who have the right to own guns and use them responsibly,” Senator Manchin said. “If we can streamline and simplify some of our rules governing gun ownership, everybody wins – especially the 65,000 West Virginians who hold concealed carry permits.”

The legislation also says an individual who is ineligible for a concealed carry permit in his or her state would not be allowed to obtain an out-of-state permit in a state with less restrictive eligibility requirements, and use that permit to carry a concealed handgun in his or her state.

The Senate bill, endorsed by the National Rifle Association (NRA), is also sponsored by Sen. Mark Begich (D-Alaska) and Sen. Mike Crapo (R-Idaho). A similar bill passed the House last year with a vote of 272-164.

The executive director for the NRA’s Institute for Legislation Action, Chris Cox, praised the Senators for introducing the bill and said it is critical to protect Second Amendment rights.

“Over the last two decades, the NRA has led the way toward a brick-by-brick restoration of self-defense laws throughout the country. National Right-to-Carry reciprocity is yet another step forward for law-abiding Americans," Cox said. "Citizens aren't immune to crime when they cross state lines, so it is only reasonable that they have an effective means of protecting themselves and their loved ones while in other states. The NRA thanks Senator Mark Begich for introducing this measure in the U.S. Senate, along with Sens. Joe Manchin and Mike Crapo, and for their efforts to strengthen self-defense laws in America.”

UPDATE: From the NRA on S. 2188 which they say is a companion bill to HR 822.

Fairfax, Va. – Senate Bill 2188, an important self-defense bill that would enable millions of Right-to-Carry permit holders across the country to carry concealed firearms while traveling outside their home states, was introduced in the U.S. Senate today. S. 2188 is the companion legislation to H.R. 822, which passed the U.S. House of Representatives on November 16, 2011 by a majority bipartisan vote of 272 to 154.

"Over the last two decades, the NRA has led the way toward a brick-by-brick restoration of self-defense laws throughout the country. National Right-to-Carry reciprocity is yet another step forward for law-abiding Americans," said Chris W. Cox, executive director for NRA's Institute for Legislative Action. "Citizens aren't immune from crime when they cross state lines, so it is only reasonable that they have an effective means of protecting themselves and their loved ones while in other states. The introduction of S. 2188 is a significant step forward in the ongoing effort to improve self-defense laws in this country."

S. 2188, introduced in the U.S. Senate by Senators Mark Begich (D-AK) and Joe Manchin III (D-WV), would allow any person with a valid state-issued concealed firearm permit to carry a concealed firearm in any other state that issues concealed firearm permits, or does not prohibit the carrying of concealed firearms for lawful purposes.

This bill does not affect existing state laws. State laws governing where concealed firearms may be carried would apply within each state’s borders. S. 2188 does not create a federal licensing system or impose federal standards on state permits; rather, it requires the states to recognize each others' carry permits, just as they recognize drivers' licenses and carry permits held by armored car guards.

As of today, 49 states have laws in place that permit their citizens to carry a concealed firearm in some form. Only Illinois and the District of Columbia deny its residents the right to carry concealed firearms outside their homes or businesses for self-defense.

Here is a link to the full text of S. 2188 thanks to Inquisitor (see comments). For comparison, here is a link to the full text of HR 822 as it passed the House of Representatives.