Clinton Semi-auto Ban defeated

Gun owners win round one  

(Monday, March 8, 2004) - The battle against renewing the ban on numerous semi-automatic firearms began in earnest during the last week of February.

On Wednesday, February 25th, U.S. Senate Majority Leader Bill Frist (R-TN) initiated debate on S. 1805, the gun manufacturer protection bill.  But before the opening words were spoken, anti-gun zealots like Diane Feinstein, Barbara Boxer, John McCain and Ted Kennedy were already lining up with amendments to renew the Semi-auto Ban, require trigger locks on handguns, put gun shows out of business, ban common hunting rounds as “cop killer bullets” and much more.

Unfortunately, NRA board member and S. 1805 sponsor Sen. Larry Craig (R-ID) struck a deal with rabid anti-gunner Sen. Jack Reed (D-RI) to reach a “Unanimous Consent Agreement,” which allowed these gun control amendments to be offered to S. 1805. 

This agreement opened Pandora’s Box of Gun Control. 

First came the Boxer/Kohl Lock Up Your Safety amendment.  Sponsored by anti-gun Sen. Herb Kohl (D-WI), this nefarious new law would have required all handgun purchasers to pay an implicit "gun tax" by requiring them to buy a trigger lock when they purchase their handgun, irrespective of need.  In addition, the amendment would have created a broad and implicit cause of action against gun owners who fail to actually use the storage device to lock up their firearms.  Of course, a locked gun is unavailable for self-defense.  The Senate passed the Kohl amendment 70-27.

Next, the Senate voted 52-47 in favor of the Feinstein amendment to renew the Clinton Semi-auto Ban.  Originally passed in 1994 and set to expire on September 13th of this year, the Clinton Ban outlawed more than 180 firearms, as well as magazines holding more than ten rounds.  The Ban strikes at the heart of the Second Amendment by banning military-type rifles, the very arms America’s Founders most intended to protect (see Second Amendment Designed to protect “Assault Weapons”).

Anti-gun Senators John McCain (R-AZ) and Jack Reed also offered an amendment to outlaw the private sale of firearms at gun shows, unless the buyer agrees to submit to a background registration check. The McCain amendment would have effectively eliminated gun shows by threatening to imprison every member of an organization sponsoring a gun show if the organization failed to notify each and every "person who attends the special firearms event of the requirements [under the Brady Law]."  Thus, if the person responsible for handing out "Brady pamphlets" took a break to go to the bathroom, everyone responsible for the event could be sent to prison.  The McCain amendment passed 53-47. 

The Senate also passed the Ammunition Restriction Study amendment brought by Senators Bill Frist and Larry Craig.  Among other things, the language of this provision would have commissioned the Attorney General to determine whether the ban on so-called "cop killer" ammunition should include superior performance bullets in popular hunting calibers such as the .30-06.

As S. 1805 was being weighed down with each of these anti-gun measures, the management of several gun rights groups, including the NRA, seemed inclined to continue supporting the bill.  The NRA told members who called about S. 1805 that they would not oppose it.  Their plan was apparently to get this gun control abomination into conference committee, where they hoped to strip it back down to the underlying liability bill.

But this would have been a risky game.  As SDGO pointed out, President Bush has already voiced support for a renewal of the Clinton Semi-auto Ban, and the House Leadership has indicated that they may follow the President’s lead.  If gun owners had silently allowed the Ban to be agreed to in the Senate, it may very well have made it through the House and been passed into law.

However, thousands of determined gun owners who are members of SDGO and other no-compromise groups all across the U.S., many of whom are also members of the NRA, voiced opposition to S. 1805 once it was laden with gun control.  Thanks to their no-compromise stand, the NRA management decided to oppose the bill, and one of the worst anti-gun bills to be seen in the last decade was defeated by a vote of 90 to 8.

As a result, the Clinton/Feinstein Ban is dead…for now.  But there are currently at least four bills in Congress which would renew and expand the Ban, and Feinstein is expected to offer her amendment to some other “must pass” bill.

Unfortunately, this also means that the efforts to pass any kind of protection for gun manufacturers have been brought to a standstill.  

Rather than bringing the bill to a vote in a manner that left it open to anti-gun amendments, the Senate Leadership should have used what has been dubbed the “tree and cloture” procedure (see http://www.gunowners.org/a030204a.htm).  This method forces an “up or down” vote on the legislation and would not have allowed the anti-gunners to offer any “poison pill” amendments (also see Fumbling the Gun Makers' Protection Act, Gun Owners of America: http://www.gunowners.org/a030504.htm).

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