Bush Signs Law Protecting Legal Guns
by Joseph P. Tartaro
Executive Editor
Congress handed gunowners two significant legislative victories before checking out for election campaigns at the end of September.
One, HR-5013, the “Disaster Recovery Personal Protection Act,” became law almost immediately after the 84-16 vote in the Senate on Sept. 29 when it was signed by President George W. Bush a few days after passage as an amendment to the Department of Homeland Security Appropriations bill.
The second, HR-5092, the “Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Modernization and Reform Act,” passed the House on Sept. 27 by a 277-131 vote, but Senate action was immediately blocked when Sen. Diane Feinstein (D-CA) put a hold on the bill.
The bipartisan ATF reform act, which was sponsored by Rep. Howard Coble (R-NC) with Rep. Bobby Scott (D-VA) followed congressional hearings arising in part because of complaints about ATF actions at gun shows in Richmond, VA, last year.
There is a slim chance that HR-5092 could be voted on during the three or four-day “lame duck” session of Congress to be held the week after the Nov. 7 congressional elections. However, if is not finalized during the remaining days of the 109th Congress, supporters say it will be reintroduced when the next Congress is seated in January.
In either case, the vote on HR-5092, which was vehemently opposed by anti-gunners such as Rep. Carolyn McCarthy (D-NY) and New York City Mayor Michael Bloomberg, serves to give gunowners an excellent yardstick to measure the gun rights positions of their representatives during this session of Congress. (Click for House Roll Call vote.)
The passage and signing of HR-5013 helped reaffirm the sentiment in the popular bumper sticker which reads: “The Second Amendment Is Homeland Security.” The new law provides a federal prohibition against the confiscation of legal firearms from law-abiding citizens during states of natural or man-made emergencies as happened in New Orleans in the wake of Hurricane Katrina.
“I want to thank President George W. Bush for signing this vital measure into law,” declared Chris W. Cox. “The chaos and civil disorder our country witnessed in New Orleans after the city abolished the Second Amendment confirmed every law-abiding gunowner’s worst fear—that pervasive gun confiscations can happen right here in America. As promised, NRA set out to pass legislation at both the federal and state levels to protect the Second Amendment rights of law-abiding American citizens.”
The “Disaster Recovery Personal Protection Act,” was introduced in the House by Rep. Bobby Jindal (R-LA) and passed the House on July 25, 2006 with a broad bi-partisan margin of 322-99. Sen. David Vitter (R-LA) introduced the Senate version of the bill, which passed as an amendment to Homeland Security Appropriations by a vote of 84-16.
Chuck Cunningham, director of federal affairs for NRA-ILA, told Gun Week that it was indicative of general concern about what happened in New Orleans that HR-5013 became law only one year after Katrina rather than take several years to work through Congress as did the Protection of Lawful Commerce in Arms Act.
Coble said it would give the ATF greater flexibility to deal appropriately with minor violations while going after gun dealers who are breaking the law. “Despite what the critics said,” Coble said in a statement, “our bill puts additional muscle in the arm of the ATF.”
The legislation differentiates penalties based on the seriousness of the violation and the size of the firearm business. It requires that any ATF decision on a dealer’s license be reviewed by an administrative law judge. The bill would require that civil penalties for violation of firearms law be based on the nature of the violation and the size of the business involved.
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