Tag Archives: firearms relief

2018 Appropriations Bill Still Doesn’t Provide Funding For Federal Firearms Relief Determinations – Contact Your U.S. Representatives!

As our viewers are aware, although 18 U.S.C. § 925(c) provides for federal firearm relief determinations, since 1992, the ATF’s appropriation bill – which has been enacted each year thereafter – has provided a restriction on ATF’s use of any of the appropriate money for federal firearms relief determinations. As I reported in 2015, an amendment to the 2016 appropriations bill – H.R. 2578 – was passed, which provided for funding of federal firearm relief determinations. Thereafter, the bill, as amended, was passed by the entire House of Representatives. Unfortunately, due to the late nature of the House passing the bill, when it was received by the Senate, the Senate gutted all the language and replaced it with the language from an appropriations bill that it was working on in the interim. The Senate’s version was later passed by the House, including the provision precluding ATF’s usage of the appropriated money for federal firearms relief determinations.

The House is now working on an appropriations bill for 2018 and although it has been reported to include pro-Second Amendment provisions (which it does and are discussed below), the one provision which has not been modified, is the restriction on the appropriated money being used for federal firearms relief determination. Specifically, it provides that

Provided, That none of the funds appropriated herein shall be available to investigate or act upon applications for relief from Federal firearms disabilities under section 925(c) of title 18, United States Code

Accordingly, I am respectfully requesting that you contact your U.S Representatives and demand that the language in the Fiscal Year 2018 Commerce, Justice, Science (CJS) Appropriations Bill be amended to remove the restriction on ATF utilizing the appropriated money for federal firearms relief determinations. In the alternative, if your Representatives push back regarding the cost, then I would respectfully suggest that the language be modified to:

Provided, That none of the funds appropriated herein shall be available to investigate or act upon applications for relief from Federal firearms disabilities under section 925(c) of title 18, United States Code; however, nothing shall preclude an individual from funding his/her own application for relief from Federal firearms disabilities under section 925(c); whereby, the cost to the individual shall not exceed $1,000.00

As this strikes a balance between allowing federal firearms relief determinations to be made and the cost being born by the prohibited person, it is hard to fathom what objection anyone would have to this language.

In relation to the pro-Second Amendment provisions included in the current version of the Fiscal Year 2018 Commerce, Justice, Science (CJS) Appropriations Bill,  it would:

  1. Ban the use of funds for the program launched under the Obama administration to require federally licensed firearm dealers in Southwestern Border States to report certain rifle sales to the U.S. government;
  2. Permanently defund any form of unmonitored “gun walking” operations involved in U.S. Border Patrol Agent Brian Terry’s death;
  3. Effectively block the implementation of the U.N. Arms Trade Treaty;
  4. Permanently block any attempt by anti-gun groups within the ATF to implement a highly restrictive framework on the importability of shotguns (i.e. any shotgun that was importable before the release of ATF’s 2011 shotgun importability study could not be reclassified as “non-sporting” and therefore banned from importation); and,
  5. Promote the importation of collectible “curio and relic” firearms and facilitate export of certain firearm parts valued at $500 or less to persons in Canada.

Accordingly, please join us in supporting the Fiscal Year 2018 Commerce, Justice, Science (CJS) Appropriations Bill, while demanding that the language restricting federal firearms relief determinations be removed.

 

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URGENT: Contact Your Congressional Representative TODAY Regarding The Government Appropriations Bill

It was recently reported by FoxNews that the House of Representatives is preparing a short-term appropriations bill to prevent a Government shutdown. As I discussed recently, the Appropriation bill passed by the House of Representatives, H.R. 2578, contained two key pro-Second Amendment amendments, Amendments 302 and 320.

Amendment 302 provided “that such funds appropriated for BATF shall be available to investigate or act upon applications for relief from Federal firearms disabilities under United States Code”

Amendment 320 provided ATF was prohibited from “the use of funds to propose or to issue a rule that would change the Chief Law Enforcement Officer certificate requirement with respect to purchase of suppressors and other firearms regulated by the National Firearms Act.”

As the Senate and House are still debating H.R. 2578, they intend to pass an interim appropriations bill, until a final agreement can be had in relation to H.R. 2578.  As ATF recently updated the regulatory agenda to reflect its current timetable of implementing a new regulation in relation to ATF-41P in January of 2016, if Amendment 320 will have any substantial effect, it must be implemented before the New Year. It is therefore imperative that you contact you Congressional Representatives and demand that any interim appropriations bill include Amendments 302 and 320 from H.R. 2578.

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Very Pro-2nd Amendment Appropriations Bill Under Attack!

As many of our viewers are aware, in June, the House of Representatives passed H.R. 2578, which provided a number of pro-2nd Amendment provisions, including funding for federal firearms relief determinations under 18 U.S.C. 925(c), which has not been available since 1992, and a prohibition on ATF utilizing any of the funding for promulgating a rule requiring CLEO signature requirements.

Specifically, Amendment 302 provided “that such funds appropriated for BATF shall be available to investigate or act upon applications for relief from Federal firearms disabilities under United States Code”

Additionally, Amendment 320 provided ATF was prohibited from “the use of funds to propose or to issue a rule that would change the Chief Law Enforcement Officer certificate requirement with respect to purchase of suppressors and other firearms regulated by the National Firearms Act.”

H.R. 2578, with these Amendments, was approved by the House of Representatives on June 3, 2015 with a vote of 242 yeas  to 183 nays. You can find out how each Representative voted, here.

It was then sent to the Senate, where Senator Shelby reported it out of the Senate Appropriations Committee with it being substituted for what appears to be the Senate’s Appropriation’s Bill S. 2131. Unfortunately, S. 2131 does not include Amendment 302 or 320.

Accordingly, it is imperative that you contact your Senators and inform them that you want them either to approve H.R. 2578 as sent to the Senate by the House or you want them to include Amendments 302 and 320 in their version of the 2016 Departments of Commerce and Justice, Science, and Related Agencies Appropriations Bill. This is extremely important as hundreds of thousands of people are affected by ATF’s inability to perform federal firearms relief determinations and ATF’s ATf-41P rulemaking.

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Filed under ATF, Firearms Law