Saturday, November 19, 2011

Twelve Big Wins for Gun Owners

The final conference report on the combined Fiscal Year 2012


Agriculture, Commerce/Justice/Science (CJS) and


Transportation/Housing/Urban Development (THUD) Appropriations


bills-also known as the "Mini-Bus," was passed by both the U.S. House


and the U.S. Senate, and has been signed into law.






One of the most important ways that Congress has protected the Second


Amendment is through a number of general provisions included in


various appropriations bills. Many of these provisions have been


included in the bills for many years-some of the provisions go back


almost three decades. This conference report is no exception, as it


contains 12 provisions that strengthen the Second Amendment and


protect the American people.






Specifically, the conference report makes PERMANENT the following


protections:






-Firearms Database/National Gun Registry Prohibition. No funds may be


used to create, maintain or administer a database of firearms owners


or their firearms. This prohibition has been in place since Fiscal


Year 1979, and prevents the federal government from establishing a


national gun registry.






-Former Firearms Dealers Information Retrieval Prohibition. No funds


may be used to electronically retrieve personally identifying


information gathered by federal firearms licensees. The provision


prohibits the creation of a gun registry from dealers' records that


are required by law to be surrendered to the federal government when a


dealer goes out of business. This provision has been included since FY


1997.






-Information Gathering Prohibition/24-Hour Destruction of Records. A


prohibition on the use of funds to retain any information gathered as


a part of an approved instant background check for more than 24 hours.


This provision protects the privacy of law-abiding gun buyers by


prohibiting gun buyers' personal information about legal gun purchases


from being retained by government authorities for more than 24 hours


after a firearm background check. It has been included since FY 1999.






In addition, the conference report adds two NEW provisions designed to


bolster our gun rights and protect the Second Amendment from unelected


bureaucrats who would twist the law to facilitate their gun-control


agenda.






-Prohibit Funding for "Gun Walking" Operations. No funds may be used


to knowingly transfer firearms to agents of drug cartels unless U.S.


law enforcement personnel control or monitor the firearms at all time.


This amendment is designed to prevent the Justice Department (or any


government entity) from spending taxpayer dollars on "gun walking"


programs like Operation Fast and Furious.






-Shotgun Importation Protections. Prohibits the Department of Justice


from requiring imported shotguns to meet a "sporting purposes" test


that the Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE)


has used to prohibit the importation of shotguns with one or more


features disliked by the Agency, such as adjustable stocks, extended


magazine tubes, etc.






Finally, the conference report RETAINS the following provisions:






-Curio and Relic Definition. A prohibition on the use of funds to


change the definition of a "curio or relic." This provision protects


the status of collectible firearms for future generations of firearms


collectors.






-Physical Inventory Prohibition. Prohibition on a requirement to


allow a physical inventory of Federal Firearms Licensees. The Clinton


Administration proposed a rule in 2000 to require an annual inventory


by all licensees. While the Bush Administration eventually withdrew


the proposal, Congress has still passed this preventive provision


every year since FY 2007.






-Business Activity. A prohibition on the use of funds to deny a


Federal Firearms License (FFL) or renewal of an FFL on the basis of


low business activity. This provision prohibits BATFE from denying


federal firearms license applications or renewals based on a dealer's


low business volume alone.






-Firearms Trace Data Disclaimer. A requirement that any trace data


released must include a disclaimer stating such trace data cannot be


used to draw broad conclusion about firearms-related crime.






-Firearms Parts Export to Canada. A prohibition on the use of funds


to require an export license for small firearms parts valued at less


than $500 for export to Canada. This provision removed an


unnecessary and burdensome requirement on U.S. gun manufacturers that


was imposed under the Clinton Administration.






Importation of Curios and Relics. A prohibition on the use of funds


to arbitrarily deny importation of qualifying curio and relic


firearms. This provision ensures that collectible firearms that meet


all legal requirements for importation into the United States are not


prevented from import by executive branch fiat.






-Transfer of BATFE Authority. A prohibition on the use of funds to


transfer any duty or responsibility of the BATFE to any other agency


or department. This provision was written in response to a Clinton


Administration plan to transfer firearms enforcement to the FBI or


Secret Service. It also prohibits the Executive branch from skirting


the will of Congress by allowing another agency to implement policies


the BATFE is prohibited from implementing.



http://www.nraila.org/Legislation/Federal/Read.aspx?id=7180

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