This Week in Gun Rights is TTAG’s weekly roundup of legal, legislative and other news affecting guns, the gun business and gun owners’ rights.
Background Check Bills Through to Senate
The House has passed, mostly along party lines, two gun control bills. One would require background checks for virtually all firearm transactions, and another would give the government seven additional days to sit around twiddling their bureaucratic thumbs before finishing a background check, increasing the current three-day time period to ten.
As many have observed, the background check bill threatens to pave the way to a nationwide gun registry.
The effective registry problems may seem like hyperbole, given how frequently the pro-gun side warns of this, but it’s a more credible threat than you might think. Many states that are point-of-contact jurisdictions hold on to firearm sales data, and law enforcement is able to look up transfers on a given firearm within the state.
Where private party transfers are fine, even state databases through NICS point-of-contact checks aren’t effective, as there is a legal presumption that the firearm could have legitimately changed hands numerous times between the last transfer and the time of the check.
Were HR 8 to pass, though, the firearm not “lining up” in the state database would be much more problematic for whoever was in possession of the firearm. Even if one accepts as legitimate this proposition, firearms acquired out of state could spell trouble for gun owners. Not a good outcome.
Four Senators Urge President Biden to take executive action on “ghost guns”
A group of lawmakers led by New Jersey’s assiduously anti-gun Senator Robert Menendez, wrote to the BidenHarris administration begging for executive action on the ever-maligned “ghost gun” problem that’s sweeping the nation
“Specifically, we request that you immediately direct the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) to regulate these firearms under the Gun Control Act and ensure that they are subject to a background check,” the Senators opined. “Additionally, the ATF should collect data on when ghost guns are used in crimes and publicly release that information.”
It’s kind of curious that they want to begin collecting data on the very same thing they want to eliminate by executive fiat. It’s almost as if they’re admitting federal action wouldn’t actually cause them to magically disappear.
Let’s also be clear that “executive order” and “executive action” are very distinct things. Executive action is basically the sincere hope and wish of the executive, while an executive order can wind up carrying the force and effect of law.
For what it’s worth, Biden has repeatedly indicated that he does not want gun control to come through the executive. Time will tell whether he’ll honor that and actually respect the structure of the Constitution.
Everytown trademark was opposed by Adidas
Some of you might remember that Michael Bloomberg’s Everytown for Gun Safety went after Mom at Arms, who released a hilarious take on the “moms demand action” marque. Well Mom at Arms just uncovered documents revealing that Adidas, whose trademark is three parallel lines, were opposing Everytown’s trademark registration for three parallel lines, interrupted at the left quarter.
The two sides eventually come to a resolution, allowing the registration to go through. It’s an interesting situation, though, as an unmitigated registration of the admittedly similar logo would enable Everytown to come out with their own competitive tracksuits.
Kansas’ Concealed Carry bill passes house
Kansas HB 2058 would recognize all out-of-state carry permits, and allow individuals 18-20 to apply for a Kansas concealed carry permit. This is a good step, and it seems Kansas’ house has its head in at least the right general direction.
South Dakota gun bills head to the Governor’s desk
SB 100, which provides civil protection to gun businesses and prevents the government from regulating arms during declared states of emergency, along with SB 111, which reduces the cost for certain concealed carry permits, are headed to the desk of Governor Kristi Noem, who is expected to sign them.
Colorado House Passes Mandatory Storage Law
Colorado’s HB1106 passed the house 40-25. It now heads to the senate. The bill imposes strict standards on Coloradans for storing firearms. We often hear about provisions like this, called anything from “Ethan’s Law,” to “safe storage” mandates. They place a burden on firearm owners that may have children, or who may have children in their homes.