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NDAA Clears the U.S. Senate, Anti-Gun Provisions Left Out

Wednesday, December 15, 2021

NDAA Clears the U.S. Senate, Anti-Gun Provisions Left Out

Today, the U.S. Senate approved the National Defense Authorization Act (NDAA), the annual, bi-partisan legislation that directs funding for our nation’s military and national security programs. Thankfully for NRA Members and gun owners across the country, this legislation passed with two anti-gun provisions being struck from the final version. NDAA will now move to the President’s desk to be signed into law.  

As reported last week and following weeks of negotiations, the U.S. House of Representatives approved a revised version of the NDAA. The two anti-gun provisions that were included in an earlier version were removed from the final House-passed bill before being sent over to the U.S. Senate.

The first provision, led by Rep. Jackie Speier (D-CA), would have ignored constitutional due process protections and allowed for the confiscation of personally-owned firearms of members of the U.S. military. It would have afforded the military judicial system the ability to issue ex parte protective orders that would prohibit firearm possession without giving the accused an opportunity to contest the accusations against them and present evidence in their defense. This would have represented a clear denial of constitutional due process and a stunning betrayal of those who swore an oath to protect and defend our country and the U.S. Constitution.

The second provision, offered as an amendment by Rep. Norma Torres (D-CA), would have undone components of two export-reform regulations crafted by the Trump Administration. The regulations were designed to enhance American competitiveness, remove burdensome regulations for gunsmiths and other small businesses, modernize export controls, and enhance national security. Instead, the Torres amendment would have empowered anti-gun legislators to make decisions normally left to subject matter experts, leading to unnecessary delays and increased costs.

The efforts by anti-gun elected officials to include gun control in “must-pass” bills like NDAA is a good reminder that NRA members and Second Amendment supporters must remain vigilant against those who want to see our fundamental rights erased. NRA-ILA worked extensively with members of the U.S. House and Senate to have these provisions struck. “On behalf of our five million members, the National Rifle Association thanks House Armed Services Ranking Member Mike Rogers (R-AL) and Senate Armed Services Ranking Member Jim Inhofe (R-OK) for their tireless efforts to remove these provisions from NDAA,” said NRA-ILA Executive Director, Jason Ouimet. “The due process and Second Amendment rights of our men and women in uniform should never be compromised.”

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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.