Firearms Friday: Executive Orders

This past week was an interesting one to say the least as the President postured in front of the media looking to continue to falsehoods of a decades old failed policy. In a press conference filled with a flood of forced tears, the President announced a series of executive actions regarding gun control. And that last word is key to this whole equation as the posturing and proclamations are all about control which was again driven home by the “Guns in America” town hall that was held last night two days after his speech.

While the discussion that night was more evenly distributed between those on both sides of the issue… the highlight for many was the statements made and questions asked by Taya Kyle, widow of Chris Kyle, who, in part, said, “The laws that we create don't stop these horrific things from happening. That is a very tough pill to swallow," This was in addition to her additional statements stating that criminals would not be stopped from getting guns even if background checks were expanded. 

However, the moment when she truly shined, far brighter than the president, was when she posted her response to the town hall event the following day on CNN. The paragraphs that stood out to me are as follows:

Cars are tools that is involved in about as many deaths as guns. If you are a driver prone to drinking and driving, should we only allow you to drive an ultracompact car? Not an SUV which could kill more people? No, we take away the drunk driver's access to legally drive any car. This is about freedom to do as you like until you prove incapable of showing good moral judgment.

In this country, we give freedom and take it away once you prove to be unworthy of the freedom we have given you. Nobody suggests taking away cars or going through a battery of tests to determine whether or not you might be a drunk driver one day.

My congressman, Representative Joe Pitts, also made his thoughts known at the end of the week following the President’s statements and actions. A portion of his weekly email newsletter read as follows:

On Tuesday, President Obama announced a series of executive actions he would take, as well as proposals for Congress to consider, on the regulation of gun ownership. The President is proposing to spend more money on mental health, though he has not said where that money will come from. From now on, the background check system will be operating 24 hours a day, seven days a week, rather than normal business hours. Doctors will be allowed to tell law enforcement about mentally ill individuals, but only until they have completed treatment.

The largest change will be expanding the scope of federal background check requirements. Federal law requires a federal firearms license for firearms dealers.  Under the President’s new rule, you would need a license and must conduct background checks if you repetitively buy and sell firearms with the principal motive of making a profit, even if that’s not your livelihood.

I am a strong supporter of background checks, and I have voted that way. Two years ago, I voted to increase funding for the background check system by 20 million dollars. But I have also sworn an oath to support the Constitution, and that includes the Second Amendment. It is also important to note that these actions would not have actually stopped any of the most horrific mass shootings that have occurred in recent years.

The last paragraph is or particular note in this who smoke show by the White House. Funds to improve background checks in general and the NICS system in particular have been voted upon and passed many times over in Congress. This is a non-issue. The focus should actually be on two parts of the actions that the President would like to take… patient confidentiality should not be something that is breached. While I can see the need to know those who are mentally unstable this should also be seen in the same way that it is in the legal system… sane until proven otherwise.

However, here is the most troubling aspect of the announcements made on Tuesday night… restricting gun sales and requiring a FFL for those who sell firearms for a profit. In the end, the FFL requirement through the ATF can potentially be used as a means to restrict sales well beyond the broad brushstrokes that the president likes to paint. There is nothing happy about these trees:

Thanks to a carefully drafted statute enacted in 1986, the president had relatively little room to maneuver in this regard. Those reforms were part of the NRA-supported Firearm Owners’ Protection Act. They were enacted specifically in response to abusive practices by the ATF, which included treating occasional sales of personal firearms as unlicensed “dealing” or seizing private firearm collections, on the pretext that they were the “inventory” of illegal “dealers.” 

At the end of the day, the administration’s big move on background checks was, instead, a 15-page brochure or “guidance” which explains the relevant federal statutes and regulations concerning firearms dealing and summarizing its view of the controlling case law.  Even though the president cannot unilaterally expand the law, he can still instill fear in gun owners and intimidate them into believing that private transfers are now illegal.  ATF can take his directive push the envelope with marginal cases that would be ignored in a less agenda-driven administration. They may well be looking to “make an example” of somebody, especially in the realm of sales advertised online. 

Obviously, chilling otherwise lawful firearms transfers could be just as effective as restricting such activity with passage of a new law or regulation.  There can be little doubt the president knows this and why he and administration officials have repeatedly said, “even 1 or 2 sales” can make one a dealer.

Based on evidence from past practices, the administration will likely try to have it both ways – revoke licenses for “dealers” who don’t sell a “sufficient” number of firearms, but prosecute those who sell a small number of firearms without a license.  In the 1980’s for example, there was evidence of ATF revoking the FFL of a person because he only sold three guns during the year, while simultaneously prosecuting another person for selling three guns that year without a license. And during the Clinton administration, after ATF had forced low-volume private sellers to become FFLs, the agency then aggressively reduced the number of FFLs for lack of business activity. 

There is a lot of posturing by the President as he concludes his second term in office. It is almost as if he really doesn’t care about the facts or what is right, he just wants to feel the warmth of the spotlight for as long as possible and try to grab as much power and control as he can before heading out the door. Sadly, the events this week are only the beginning to a very long year… hopefully we can get things back on track by the time November comes around.

Firearms Friday: The Devil Of Ramadi

This past Tuesday former Marine Eddie Ray Routh was found guilty of the death of former Navy SEAL Chris Kyle, the author of “American Sniper”, and Kyle’s friend Chad Littlefield. It took the Erath County, Texas jury less than two hours to convict Routh of capital murder with the judge sentencing him to life in prison without the possibility of parole. Kyle, who had taken Routh to a local shooting range to help him cope with PTSD, was shot in the back along with Littlefield on February 2, 2013. Kyle had done the same work with returning veterans to help them cope with life after war.

While Routh had admitted to the killing immediately afterward plead not guilty at the onset of the trial with his attorney asserting that he suffers from psychotic episodes caused by PTSD and other factors. In the end however, the right verdict was reached as he was the coward behind the trigger that ended the lives of two American heroes who both fought the same battles in the field and in the mind. Sometimes, the insanity plea should not be a factor in such a heinous act.

In the short time since the verdict was read, two Texas Congressmen have filed legislation intended to award the Medal of Honor to the late Chris Kyle. It should be noted that the military credits Kyle, "The Devil of Ramadi", with 160 confirmed kills, out of 255 claimed (probable kills). Ignore the political timing for a moment and consider what is being proposed…

As the most lethal sniper in military history, there is little doubt that Kyle “distinguish himself through conspicuous gallantry and intrepidity at the risk of life above and beyond the call of duty” both “while engaged in action against an enemy of the United States” and “while engaged in military operations involving conflict with an opposing foreign force.” When reading this definition from the US Department of Defense website, it is clear that there is merit to this case. However, there is a process, a chain of command, that must be followed so don’t expect a decision in the near future.

To this end, Representative Roger Williams, a co-sponsor of the bill, made the following statement, “There is no doubt that this true American hero is worthy of our nation's highest military honor… While the Medal of Honor will not bring back a husband, father, son and a model Texan, we owe Chris Kyle and his family a great deal of gratitude for his relentless devotion to his country."

Kyle is a man who lived up to the cliché of living life to the fullest. While he was not perfect, he went above and beyond the call of duty both in and out of uniform and should be honored for his heroism. This is an honor long overdue especially since the White House refused to lower flags at half-staff at the time of his death but had no problem doing so not long prior to his passing when they were informed of the death of Whitney Houston. It is about time that we honor his life and his service by considering him for the highest honor this country has to offer. The "The Chris Kyle Medal of Honor Act," which is co-sponsored by Rep. Joe Barton, R-Texas, was sent to the House Armed Services Committee for consideration.

Highlights And Shutouts From The Oscars

Last night we turned on the television for only the second time in the past week. All of the sudden the Oscars coverage began running across the screen. We had both completely forgotten about the awards show but it’s not like we have been dedicated viewers in the past either. It is basically a collection of movies that we haven’t seen with a few that we would like to watch at some point in the future. Sometimes it is not even a matter of what role someone played, it can simply be a ‘I liked him/her in some other completely different movie/show so it would be nice to see them win.”

While we only saw a maybe a total of about ten minutes of the show scattered throughout the night, there were a few interesting things that caught my attention. Keep in mind that these are not unique observations as it seems that everyone took note of them immediately but sometimes there is nothing new to say when recording your life. And where there are great moments there are times when the selections are a bit disappointing… such is the case every year at every awards show.

First let’s start with the surprising moments getting the most talked about moment out of the way… who knew Lady Gaga could really pull off the Sound of Music? Come on, don’t lie, no one saw that coming. While I am not a fan of her music she obviously has an amazing voice and I hope that this side of her comes out more and more because it is worth hearing. Thankfully she didn’t perform in a meat dress… that might have killed it.

The other moment was early in the evening (also called Cuba Gooding Jr. time) when JK Simmons, stunned by the sound of his own name, took the stage to accept the award for best supporting actor. While many of you may remember him from the State Farm commercials, Spiderman movies, or Law & Order which adds a little twist to the award in and of itself I remember him in a different role which really makes you do a double take… I best remember him as neo-Nazi Vernon Schillinger on Oz. A great actor and I am happy to see him win it just seems odd when I think of him as that character accepting the award. However, his speech cut through all that and we should all heed his advice… “Call your mom. Call your dad, if you are lucky enough to have a parent or two alive on this planet. Don't text. Don't e-mail. Call 'em on the phone. Tell them you love them, and thank them, and listen to them for as long as they want to talk to you."

Of course, with the good moments are also those that disappoint a little as both the actors I was rooting for to get best actor, Michael Keeton and Bradley Cooper, failed to take home the prize. I have always been a big fan of Keeton from Mr. Mom, Batman, Beetlejuice, Live From Baghdad, My Life, etc. and would like to see him pull it off one of these days. Cooper, in all the parts I have seen, reviews I have read, and interviews I have watched about American Sniper was Chris Kyle. I am quickly becoming a fan of his work. Lastly, why wasn’t Clint Eastwood nominated for best director? That was a bit of an oversight but, when compared to leaving Joan Rivers of the “In Memoriam” video, it doesn’t seem all that bad.