Explore The NRA Universe Of Websites

APPEARS IN News

With Proposed Federal Legislation, Anti-gun Advocates Seek to Impose May-Issue Gun Ownership

Thursday, May 2, 2019

With Proposed Federal Legislation, Anti-gun Advocates Seek to Impose May-Issue Gun Ownership

In 1987, only ten states had concealed carry laws that treated the Right-to-Carry in a manner consistent with our constitutional right to bear arms. Understanding that the whims and prejudices of government officials are incompatible with the proper recognition of a constitutional right, in the following three decades NRA and our members have worked to replace discretionary may-issue concealed carry permitting statutes with shall-issue Right-to-Carry laws. Today, 42 states and even the District of Columbia have Right-to-Carry laws that grant permits to law-abiding residents.

Given all of the success in removing government subjectivity in the Right-to-Carry permitting process, it would be easy for gun owners to miss ongoing anti-gun efforts to restrict our rights. Recent legislation passed by the U.S. House of Representatives, for example, would enhance the federal government’s power to block gun sales for those who are not prohibited from possessing firearms. The legislation threatens to set up a new system of may-issue gun ownership.

On February 27, the U.S. House passed H.R. 8, which would criminalize the private transfer of firearms. Under the legislation, almost all firearms transfers, including those among extended family and friends, would be required to take place pursuant to a National Instant Criminal Background Check System (NICS) check on the transferee.

A day later, the House passed H.R. 1112.

Under current law, if a NICS check is delayed for further research and the FBI’s NICS section is unable to determine that the prospective firearm transferee is prohibited from possessing firearms under federal or state law three business days after the check was initiated by a firearms dealer, the firearms transfer may proceed at the dealer's option. This importantly encourages the federal government to conduct NICS checks in an efficient manner and prevents the government from arbitrarily denying an individual their Second Amendment rights through an indefinite delay.

H.R. 1112, on the other hand, would eliminate the three-day provision and turn this crucial protection on its head. Under the legislation, if after ten business days a firearms dealer does not receive an order to proceed with the firearm transfer from the FBI, the prospective transferee would then have to petition the ATF to allow the transfer to proceed. Following the appeal, the dealer would not be permitted to proceed with the transaction until another ten business days have elapsed following the date of the petition.

As a practical matter, this poses a severe problem for those who are delayed. Under current law, a NICS check is only valid for 30 calendar days after the date it is initiated. Given that H.R. 1112 uses business days, during many parts of the year it would be impossible for a transferee to comply with the proposed petition scheme and still be eligible to receive the firearm upon its completion, as the initial NICS check would expire in the meantime.

The combination of H.R. 8 and H.R. 1112 poses an insidious threat to Second Amendment rights. First, H.R. 8 cuts off the ability to lawfully access firearms without government interference by funneling nearly all firearms transfers into the NICS process. Second, H.R. 1112 invites the FBI to effectively deny people who are not barred by federal law from possessing firearms by holding their background checks open indefinitely.

The government has already used NICS delays to frustrate some lawful gun sales. A 2013 report from the Congressional Research Service, for example, explained how it was standard practice to delay NICS transactions involving those on the government’s secret watchlists. The American Civil Liberties Union has pointed out that the government’s secret watchlists are “based on vague, overbroad, and often secret standards and evidence.” In these cases, government bureaucrats have substituted their own discretion for federal law.

Moreover, patriotic gun owners would do well to consider that during the Obama administration, the Department of Homeland Security issued a report entitled, “Rightwing Extremism: Current Economic and Political Climate Fueling Resurgence in Radicalization and Recruitment” that made specific reference to “disgruntled military veterans” and those who oppose further restrictions on Second Amendment rights. If the federal government is empowered to effectively deny firearm transfers through indefinite delays, there is no telling where that might end.

The vague and unpredictable exercise of government subjectivity, influenced all too often by a political agenda, is irreconcilable with the full recognition of a constitutional right. H.R. 8 and H.R. 1112 would allow the government to eliminate the Second Amendment rights of law-abiding gun owners. We have worked too hard to expand recognition of the Right-to-Carry with shall-issue laws only to see all gun ownership subjected to a may-issue regime.

TRENDING NOW
Massachusetts: Update on Proposed Sweeping Gun Control

Monday, July 17, 2023

Massachusetts: Update on Proposed Sweeping Gun Control

Late last month, Massachusetts politicians put forth HD 4420, “an act modernizing firearm laws.” This massive piece of legislation re-writes gun laws in the Commonwealth and imposes unprecedented gun-control.

Update: New Mexico Governor’s Unconstitutional Carry Ban Temporarily Halted, NRA Files Suit

News  

Monday, September 18, 2023

Update: New Mexico Governor’s Unconstitutional Carry Ban Temporarily Halted, NRA Files Suit

On September 8, New Mexico Gov. Michelle Grisham (D) surprised her political opponents and allies when the politician purported to suspend the U.S. and New Mexico constitutions and state statute using a “public health emergency ...

Changes Coming Soon for New York State Gun Owners

News  

Monday, August 21, 2023

Changes Coming Soon for New York State Gun Owners

There are some significant changes due to take effect early next month in the Empire State.

When the rubber hits the road: Anti-police activist does U-turn after being carjacked

News  

Monday, September 18, 2023

When the rubber hits the road: Anti-police activist does U-turn after being carjacked

Three years ago, the “defund the police” movement got its start in Minneapolis, MN. A number of leftist politicians wasted no time in jumping on the bandwagon, along with a bunch of Hollywood celebrities – all of whom thought it was a ...

California: Legislature Passes Carry Restrictions & Over a Dozen More Anti-Gun Bills Headed to the Governor

Saturday, September 16, 2023

California: Legislature Passes Carry Restrictions & Over a Dozen More Anti-Gun Bills Headed to the Governor

On Thursday night, the California Legislature adjourned after having passed a whole slew of anti-gun bills this session.

Massachusetts: 2A Rally in Boston Commons, on September 27th

Friday, September 22, 2023

Massachusetts: 2A Rally in Boston Commons, on September 27th

Gun Owners’ Action League (GOAL) will be holding a rally against HD 4420 “an act modernizing firearm laws,” on Wednesday, September 27th.  NRA members and Second Amendment right supporters are encouraged to join the rally ...

NRA to Move for Expedited Relief for Its Members in Light of Fifth Circuit Pistol Brace Ruling

Hunting  

News  

Second Amendment  

Wednesday, August 2, 2023

NRA to Move for Expedited Relief for Its Members in Light of Fifth Circuit Pistol Brace Ruling

The National Rifle Association of America (“NRA”) announced today that it would be expediting its motion for a preliminary injunction to protect its members from the Biden Administration’s unlawful attempt to reclassify braced pistols as ...

NRA Files Lawsuit Challenging Lujan Grisham’s Unconstitutional Order Banning Public Carry

Thursday, September 14, 2023

NRA Files Lawsuit Challenging Lujan Grisham’s Unconstitutional Order Banning Public Carry

Today, NRA led a coalition of parties in a legal challenge against New Mexico Governor Michelle Lujan Grisham and Department of Health Secretary Patrick Allen’s unconstitutional orders banning the carrying of firearms in Bernalillo County ...

Canadians on Canada’s Gun Control Measures: Expensive, Ineffective, Political Posturing

News  

Wednesday, September 6, 2023

Canadians on Canada’s Gun Control Measures: Expensive, Ineffective, Political Posturing

More than three years have passed since Canada’s Prime Minister Justin Trudeau announced a ban and mandatory confiscation (“buyback”) of what he called “military grade assault weapons,” which was followed by a national handgun “freeze” ...

California Tax is About Curtailing Exercise of a Constitutional Right

News  

Monday, September 18, 2023

California Tax is About Curtailing Exercise of a Constitutional Right

On September 7, the California Legislature passed AB-28. The bill would place an 11 percent excise tax on the sales price of all firearms, firearm precursor parts, and ammunition. As of press time, the legislation remains ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.