Gun Owners of America press release:

Do you like Cuomo’s semi-auto gun ban? D.C.’s microstamping requirement? Rahm Emaunuel’s licensure laws? The Senate is about to vote to make all of these into federal crimes, turning gun-owning Americans into prohibited persons — meaning they would NOT be able to own a firearm anywhere in the country!

We have talked about some of the problems with Senate Judiciary Committee Chairman Patrick Leahy’s gun “trafficking” bill. Leahy apparently thinks that, if he puts a shiny label on the bill, he can ban as many guns as he wants.

But, at its core, S. 54 would make it a federal crime to violate virtually any state gun law.

Section 5 creates a new “prohibited person” classification which makes it a federal crime to transfer a gun if “prohibited by State or local law … from possessing [or] selling … THE firearm or ammunition.” [Emphasis added]

Note the use of the word “the.” We’re not talking about a person who’s banned from owning ANY firearm. We’re talking about a person who’s prohibited by ANY state law from possessing a PARTICULAR firearm.

So do you like Andrew Cuomo’s massive gun ban? He bans more types of guns than would Feinstein’s so-called “assault weapons” ban. Yet under S. 54, transferring a firearm banned by Cuomo becomes a federal crime, punishable by ten years in a federal prison — at least for New York residents and possibly for others.

Do you like California’s proposed ammunition ban? That also becomes a federal crime — at least for California residents and perhaps for others.

So you like gun licensure? A person who doesn’t have a license in New York and Illinois is also “prohibited by State … law … from possessing [or] selling … the firearm.” This becomes a federal crime.

Do you agree with D.C.’s efforts to ban firearms by imposing a microstamping requirement? Transferring a non-microstamped firearm would become a FEDERAL crime under S. 54 — at least for D.C. residents and maybe others.

By voting for S. 54, your senator will be making guns banned by Andrew Cuomo’s expansive law into federally banned guns, as well. He will be saying, “I like every word of gun control which Rahm Emanuel is pushing.”

By the way, Senator Leahy is trying to sell S. 54 as a supposed crackdown on gun traffickers. But there’s not one word in this bill that would punish (or prevent) what happened in Fast & Furious, where our government helped send thousands of illegal guns south of the border, resulting in the murders of hundreds of Mexicans and at least one federal agent.

Moreover, it’s currently illegal to traffic in firearms. It’s illegal to sell a gun to a prohibited person [18 USC 922(d)]. It’s illegal to serve as a straw man [18 USC 922(d)]. It’s illegal to sell a bunch of guns without a license [18 USC 922(a)]. But that’s not what S. 54 is about. The one thing S. 54 would do is to make anti-gun bans being passed by every anti-gun state into federal crimes as well.

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37 Responses to GOA: S. 54 Is A Death Trap, Suicide Rap for Gun Rights

  1. I realize that it’s better if none of this nonsense passes, but does anyone honestly think that all of this isn’t going to wind up in front of the Supreme Court or overturned by lower courts? I cannt see how this and most of the rest of the civilian disarmament crap can possibly pass constitutional muster post- Heller.

    I’d hate to see it come to that, but its pretty clear that this court has already ruled on this. I doubt if these laws will even get that far before they are overturned by lower courts – like the recent Illinois carry law case.

    It’s a shame that the Second Amendment has to be the last barricade, but it is looking that that’s going to be where the battle is going to be fought. In the end, that’s why it is there.

    If nothing else, it’s going to be quite a show as states and the federal government spend time and money they don’t have attacking the constitution, while much more serious issues go ignored.

    • Don’t put much faith in the Supreme Court. The best recourse is to defeat this crap before it is passed. Actually, the best recourse is to defeat the crap politicians who try to pass this crap. That’s the only thing they fear, being thrown off the gravy train.

      • Agreed. I’ve been pretty vocal about expressing my opinions to my Senators and House member. I’m pretty sure that the OK delegation won’t be among the enemies of the Bill of Rights when and if any of his comes to a vote.

        I’ll have to leave the punitive votes to those who live in other locales. As for myself, I will punish any gun grabber at the ballot box even if it means voting for another gun grabber. A vote for any of this stuff means I work to get you unemployed. This might be a good message for folks in more washy washy areas to send. I doubt I’ll need to.

      • I’m with Chuck on this one. The Keio decision and the Obamacare surprise tells us we can’t depend on the SCOTUS as a firewall any longer. And if Barry gets to replace a somewhat conservative with one more suitable to his thinking the 2A is toast.

        • Agreed. SCOTUS is the last line of defense, these things need to be identified and engaged prior to becoming law.

          I am moderately surprised, though. Leahy is supposed to be one of the smarter ones, this sounds like the kind of overreaching crap I’d expect from Feinstein.

    • Weelll…

      With the high Court we now have, unions and individuals would be limited to single shot .22 short pistols, but corporations would face no restrictions whatsoever.

      • If only that we’re true. If it were we could all spend the $350 to form a Delaware Corp., and load up on guns to our heart’s content.

        So just keep spewing your MMFA talking points without even knowing what the words mean.

        • William, when correcting someone, it is important to get the correction correct.

          he typed “we’re” you corrected it to “where” and now I’m going to correct you that it should be “were”

    • One vote is what all this would hang on with SCOTUS. Like letting Charlie Manson call you to say he’s coming to your birthday party, drive up the driveway, knock on the door, come in the house, and gather everyone in the living room for “fun games “. Personally I think that ain ‘t gonna turn out well.

    • “My senators will get emails saying so, as well.”

      Whoa! I’m gonna need to be sitting down when you inform us of their “response”!

      • With offense to none, the fact is you can e-mail, visit, call, whatever. The battle lines are drawn. it’s the collectivists vs. the Americans. If you have a collectivist rep, that’s what you got, and visa versa. The only hope is to keep the grabbers at bay until election time. Only a through house cleaning will solve the problem and that will take at least 4 years. If/when this hits the SCOTUS it will only be the end of the round, as history will support, not the settlement of the issue. And that’s making the monumental assumption that the decision is in our favor. Look around the world, there are only a hand full of countries that allow personal gun ownership. And I can’t think of one that does so in an unfettered manner, though I welcome correction on that. We are the last piece needed for the Globalists to be assured of completing their goal. This gun grab campaign is starting to resemble a virus. Infecting the cells (states) eventually taking down the organism, incrementally. Throw in the educational system’s indoctrination of the last few generations and the present/future inductees and it seems like only a mater of time. I doubt if the Constitution, let alone A2, will survive another 15-20 years unless there is a 180 degree turn around socially and politically. The attack on the 2nd & 4th are symptoms of a greater effort to complete the “Fundamental transformation of the United States”, and thereby the globe.

    • Then by all means, sit quietly in the corner, or just wail and moan on internet bulletin boards…and what will be will be.

      NO, make noise, protest, use social media, contact your elected representatives and everyone elses. MAKE A STAND, MAKE YOURSELF HEARD! The liberals have the advantage of the msm in thier pockets, we have to make the effort whether you think it makes a difference or not.

  2. I don’t get it…so what’s illegal in one state will now be law across the country, or will it make violating the state law within the confines of that state be a felony as well as a state crime? If this is going for the lowest denominator and making all the state laws now country wide federal laws, there is no way that can be done as those laws were passed on a single state level…to have a backdoor for them to impact the entire country defeats the purpose of representative gov’t…

    Molon Labe

    • Felony doesn’t mean federal, as such.

      That said, the gist seems to be that the Feds are considering implementing some of these state or DC policies at the federal level.

      Icky

      • “Icky”

        LOL. Amy Carter: “nuclear proliferation is icky.”

        I don’t think she ever actually said that. It might have been in an SNL skit.

  3. Just a continuation of Operation Exile. Which the NRA was wholeheartedly supporting.

    Where are you getting the “…possibly/perhaps others” information from?

  4. Supreme Court???? Supreme Court my ass, this will end up on the battlefield! This is going to get out of hand and when it does it will be like a Juggernaut…unstoppable and destructive. These idiots on the left/progressives know what they are doing, their weakness is underestimating the American people! We do not want a war, but we will fight for our Constitution or die trying…either way it beats the hell out of living as a slave.

    FOR THE REPUBLIC!

    MOLON LABE…III%

    • I’m afraid you may be right. I’m currently reading Jeff Shaara’s “Rise to Rebellion” and the similarities of today to 1774 scare me.

  5. Perhaps my lack of coffee is making this hard to understand, but would
    “The one thing S. 54 would do is to [B]make anti-gun bans being passed by every anti-gun state into federal crimes as well[/B]” make banning guns illegal?

  6. 10 years for nonsense, yet one of the criminals in Milwaukees first concealed carry shooting was just sentenced to time served. This was about 1 year in jail, mind you this was armed robbery with a sawed off shotgun. Doesn’t look like BATF will prosecute, I guess when you are black, robbing stores with a NFA item just doesn’t matter, yet 1 more round in a mag is 10 years. The guy that actually held the shotgun will come up for sentencing soon, I,m sure BATF won’t prosecute that upstanding citizen either, Randy

  7. SCOTUS will never do anything to potentially bring censure on their misuse of the interstate trade clause. If they did, basically 73% of the federal government would suddenly be on extremely shaky ground. Do not look to them to solve this issue. They’ve been undermining civilian and state rights since 1801 when John Marshall because chief justice.

  8. Not that I’m in favor of any new Federal Laws, but in one way, this concern is a bit “the sky is falling” I don’t really care whether a law is a state one or a federal one. I’m not going to be violating it, because given the choice of spending time in state prison or federal prison, I’ll chose option C, no prison.

    If for no other reason, this legislation should be defeated due to its redundancy. If I’m adverse to breaking the law, adding Federal penalties will not make me any more likely to want to avoid lawbreaking and if I am planning to break the law anyway, making it a Federal crime won’t make me any less likely to break the law.

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