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Thread: Obama signs three constructive gun measures in NDAA S.1356. Dave Kopel

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    Obama signs three constructive gun measures in NDAA S.1356. Dave Kopel

    President Obama signs three constructive gun measures
    These reforms demonstrate that, although Congress is not interested in banning guns, or in banning gun owners based on secret blacklists, Congress and the president can work together to enact common-sense reforms.
    • Section 315 Prohibiting an administrative ban on lead ammunition
    • Section 526 Allowing military personnel to protect themselves
    • Section 1087 Sale of surplus handguns to the public


    https://www.washingtonpost.com/news/...-gun-measures/
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    I would question the "common sense" reforms being anything more than a government trying to regulate a right.

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    the only thing constructive in Obama's office is the construction paper.

    anything else tied to him is destructive of our heritage and our rights.

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    Three good measures put into a must-sign bill it seems.

    Preventing the EPA and other Exec bureaucracies from banning lead ammo is a big win.

    Ditto for adding handguns (the 1911) to the Civilian Marksmanship program for sale to civilians.

    The provision for allowing base commanders to authorize the carrying of firearms for personnel or force protection is a modest step in the right direction. It strikes me as the first step toward some kind of "may issue" permit system on bases. While not a full recognition of the RKBA, nor even a shall-issue permit, it is a step in the right direction away from the current, effective outright ban on possession.

    Incrementalism isn't sexy. But so long as it is heading in the correct direction, over time it leads to major wins for us.

    Charles
    All experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. Thank heaven we do not permit a few to impose anarchy.

    "With Anarchy as an aim and as a means, Communism becomes possible."
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    "Communism and Anarchy [are], a necessary complement to one another. "
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    Incremental compromise is the legal manifestation of Zeno's Paradoxes.
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    Quote Originally Posted by Nightmare View Post
    Incremental compromise is the legal manifestation of Zeno's Paradoxes.
    Without attempting to challenge the argument, Simplicius of Cilicia demonstrates quite decisively that the conclusion is in error.

    So too does a study of the history of firearms legislation.

    If by "compromise" we mean giving up less than our opponents asked for, then the long string of statutory infringements on our RKBA from the GCA 1938, through the GCA of 1968, to the ban on new machine guns in 1986 and the federal ban on some semi-auto guns and magazines of 1994 shows that our opponents can very effectively take our rights one piece at a time.

    On the flip side, if "compromise" means settling for less than we asked for today, and then coming back and asking for a little more, then the history of firearms legislation starting roughly with Florida's adoption of shall-issue permits in 1987, accelerating through the Democrats losing control of the House in direct consequence of the federal gun ban of 1994, to the non-renewal of 2004, to some 40 States and territories with shall issue permits, half a dozen states requiring no permits to conceal carry, additional State level protections for OC, and States moving to allow teachers and college students to carry, along with Heller and McDonald all combine to demonstrate that we can effectively reclaim our rights one piece at a time.

    In both cases, the process is slower and less exciting than respective proponents would like. But as long as we're moving the ball the correct direction, we are winning. Take a little, give up nothing in return is a "compromise" I'm more than happy to make a thousand times over.

    Charles
    All experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. Thank heaven we do not permit a few to impose anarchy.

    "With Anarchy as an aim and as a means, Communism becomes possible."
    --Marxist.org

    "Communism and Anarchy [are], a necessary complement to one another. "
    --PETER KROPOTKIN, "Anarchism: its philosophy and ideal." 1898.

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    I've included text from the references sections, along with my comment on each. Source.

    Quote Originally Posted by Nightmare View Post
    President Obama signs three constructive gun measures
    These reforms demonstrate that, although Congress is not interested in banning guns, or in banning gun owners based on secret blacklists, Congress and the president can work together to enact common-sense reforms.

    Section 315 Prohibiting an administrative ban on lead ammunition
    SEC. 315. Exclusions from definition of “chemical substance” under Toxic Substances Control Act.

    Section 3(2)(B)(v) of the Toxic Substances Control Act (15 U.S.C. 2602(2)(B)(v)) is amended by striking “, and” and inserting “and any component of such an article (limited to shot shells, cartridges, and components of shot shells and cartridges), and”.

    Comment: Unless 15 U.S.C. 2602(2)(B)(v) is a list of exclusions, this appears to classify any component of ammunition as a toxic substance. Is it a list of exclusions?

    Section 526 Allowing military personnel to protect themselves
    SEC. 526. Establishment of process by which members of the Armed Forces may carry an appropriate firearm on a military installation.

    Not later than December 31, 2015, the Secretary of Defense, taking into consideration the views of senior leadership of military installations in the United States, shall establish and implement a process by which the commanders of military installations in the United States, or other military commanders designated by the Secretary of Defense for military reserve centers, Armed Services recruiting centers, and such other defense facilities as the Secretary may prescribe, may authorize a member of the Armed Forces who is assigned to duty at the installation, center or facility to carry an appropriate firearm on the installation, center, or facility if the commander determines that carrying such a firearm is necessary as a personal- or force-protection measure.

    Comment: This is nothing new, and has been around at least since 1991, when I first looked at carrying a firearm on base. My wing commander at the time signed the base regulation to the effect that members who lived on base could transport firearms to and from their quarters provided the firearm was in unloaded and breech open condition on the front seat and the ammunition was in the trunk.

    Section 1087 Sale of surplus handguns to the public
    SEC. 1087. Transfer of surplus firearms to Corporation for the Promotion of Rifle Practice and Firearms Safety.

    (a) Authorization of transfer of surplus firearms to Corporation for the Promotion of Rifle Practice and Firearms Safety.—

    (1) IN GENERAL.—Section 40728 of title 36, United States Code, is amended by adding at the end the following new subsection:

    “(h) Authorized transfers.— (1) Subject to paragraph (2), the Secretary may transfer to the corporation, in accordance with the procedure prescribed in this subchapter, surplus caliber .45 M1911/M1911A1 pistols and spare parts and related accessories for those pistols that, on the date of the enactment of this subsection, are under the control of the Secretary and are surplus to the requirements of the Department of the Army, and such material as may be recovered by the Secretary pursuant to section 40728A(a) of this title. The Secretary shall determine a reasonable schedule for the transfer of such surplus pistols.

    “(2) The Secretary may not transfer more than 10,000 surplus caliber .45 M1911/M1911A1 pistols to the corporation during any year and may only transfer such pistols as long as pistols described in paragraph (1) remain available for transfer.”.

    (2) TECHNICAL AND CONFORMING AMENDMENTS.—Such title is further amended—

    (A) in section 40728A—

    (i) by striking “rifles” each place it appears and inserting “surplus firearms”; and

    (ii) in subsection (a), by striking “section 40731(a)” and inserting “section 40732(a)”;

    (B) in section 40729(a)—

    (i) in paragraph (1), by striking “section 40728(a)” and inserting “subsections (a) and (h) of section 40728”;

    (ii) in paragraph (2), by striking “40728(a)” and inserting “subsections (a) and (h) of section 40728”; and

    (iii) in paragraph (4), by inserting “and caliber .45 M1911/M1911A1 surplus pistols” after “caliber .30 and caliber .22 rimfire rifles”;

    (C) in section 40732—

    (i) by striking “caliber .22 rimfire and caliber .30 surplus rifles” both places it appears and inserting “surplus caliber .22 rimfire rifles, caliber .30 surplus rifles, and caliber .45 M1911/M1911A1 surplus pistols”; and

    (ii) in subsection (b), by striking “is over 18 years of age” and inserting “is legally of age”; and

    (D) in section 40733—

    (i) by striking “Section 922(a)(1)-(3) and (5)” and inserting “(a) In general.—Except as provided in subsection (b), section 922(a)(1)-(3) and (5)”; and

    (ii) by adding at the end the following new subsection:

    “(b) Exception.—With respect to firearms other than caliber .22 rimfire and caliber .30 rifles, the corporation shall obtain a license as a dealer in firearms and abide by all requirements imposed on persons licensed under chapter 44 of title 18, including maintaining acquisition and disposition records, and conducting background checks.”.

    (b) Pilot program.—

    (1) ONE-YEAR AUTHORITY.—The Secretary of the Army may carry out a one-year pilot program under which the Secretary may transfer to the Corporation for the Promotion of Rifle Practice and Firearms Safety not more than 10,000 firearms described in paragraph (2).

    (2) FIREARMS DESCRIBED.—The firearms described in this paragraph are surplus caliber .45 M1911/M1911A1 pistols and spare parts and related accessories for those pistols that, on the date of the enactment of this section, are under the control of the Secretary and are surplus to the requirements of the Department of the Army.

    (3) TRANSFER REQUIREMENTS.—Transfers of surplus caliber .45 M1911/M1911A1 pistols from the Army to the Corporation under the pilot program shall be made in accordance with subchapter II of chapter 407 of title 36, United States Code.

    (4) REPORTS TO CONGRESS.—

    (A) INTERIM REPORT.—Not later than 90 days after the Secretary initiates the pilot program under this subsection, the Secretary shall submit to Congress an interim report on the pilot program.

    (B) FINAL REPORT.—Not later than 15 days after the Secretary completes the pilot program under this subsection, the Secretary shall submit to Congress a final report on the pilot program.

    (C) CONTENTS OF REPORT.—Each report required by this subsection shall include, for the period covered by the report—

    (i) the number of firearms described in subsection (a)(2) transferred under the pilot program; and

    (ii) information on any crimes committed using firearms transferred under the pilot program.

    (c) Limitation on transfer of surplus caliber .45 M1911/M1911A1 pistols.—The Secretary may not transfer firearms described in subsection (b)(2) under subchapter II of chapter 407 of title 36, United States Code, until the date that is 60 days after the date of the submittal of the final report required under subsection (b)(4)(B).

    Comment: Could be. It's a bit long-winded for me to tackle at this time. Would anyone else like to take a crack at it?
    Last edited by since9; 12-12-2015 at 05:25 PM.
    The First protects the Second, and the Second protects the First. Together, they protect the rest of our Bill of Rights and our United States Constitution, and help We the People protect ourselves in the spirit of our Declaration of Independence.

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