Sunday, January 24, 2010

Obama Impact on Guns During His First Year in Office (2009)

A summary of how Obama impacted gun rights in 2009:

Supreme Court (SCOTUS) - Obama places Sonia Sotomayor on the court. In Maloney v. Cuomo her per curiam opinion ruled that the 2nd Amendment doesn't apply to nunchacku (i.e. nun-chucks). In short, she ruled that two sticks tied together with a shoe lace is punishable by one year in jail. As she is not on the Supreme Court, she will get to be one of the 9 judges that decide if the 2nd Amendment applies to the citizens Chicago in the upcoming McDonald vs. Chicago case. Since we were only a single vote away from losing our 2nd amendment rights in District of Columbia v. Heller, it shouldn't be hard to understand why pro-rights legal experts decried her nomination so vehemently during her confirmation hearing (CSPAN video).1

Reloading - Millions of Americans load their own ammo. Basically, everyone that competes or does precision shooting tunes their ammo to their weapon to a much higher degree than what you can get at a store. Others do it for cost/recreational purposes. If CIFTA was signed millions of people would be subject to licensing fees, legal paperwork and unannounced searches of their homes. See a more thorough analysis by David Kopel.

Attorney General - Obama nominated Eric Holder as the Attorney General of the United States. He has openly stated that he and Obama will push for the reinstatement of the "Assault Weapon Ban" expired in 2004.1 In District of Columbia v. Heller, Holder signed brief in support of Washington DC. "The brief argued that the Second Amendment is a "collective" right, not an individual one, and asserted that belief in the collective right had been the consistent policy of the U.S. Department of Justice since the FDR administration. A brief filed by some other former DOJ officials (including several Attorneys General, and Stuart Gerson, who was Acting Attorney General until Janet Reno was confirmed)took issue with the Reno-Holder brief's characterization of DOJ's viewpoint."1 Much more information on Holder is available at Volokh. That material is a must read.

Bureau of Alcohol Tobacco and Firearms (BATF) - Blueprint for Federal Action on Guns is lengthy list of changes to be made at the Bureau of Alcohol Tobacco and Firearms (BATF). All of these changes would not need approval of Congress.

Gun Confiscations and Sales - In the United States, it is common for police and sheriffs’ departments to sell confiscated firearms to federally licensed firearm dealers (FFLs). The FFLs then resell the guns, after a background check, to lawful consumers. Obama pushed to ban this in the CIFTA treaty or "Convention Against the Illicit Manufacturing of and Trafficking in Firearms, Ammunition, Explosives, and Other Related Materials".

On Democrats - open letter (more coming soon)



Sunday, August 10, 2008

Ban and confiscate rifles and shotguns commonly used for skeet, trap and hunting.

Obama voted for the SB 1195 ( summary) bill which defines an "assault weapon" as:
any firearm having a caliber of 50 or greater;
or any semi-automatic firearm that has a:
magazine capacity in excess of 5 rounds
This means almost EVERY semiautomatic firearm ever made will be considered an assault weapon. The bill makes it a FELONY to own almost every 10, 12, 16, 20 and very light weight 28 gauge semi-automatic shotgun ever produced. High end Italian shotguns such as the Beretta Teknys and the extremely popular Remington 1100 would turn law abiding citizens into felons:

It would also ban and confiscate rifles such as the M1A

Since the WWII era M1 Garand is capable of holding more than 5 rounds of ammo it too would be banned:

And then there is the 1874 Sharps rifle used in the movie Quigley Down Under which comes in a 50 cal version:

This too, would be banned by Obama. Then Tom Selleck's character could be turned into a felon:

But only if he used a "replica" made after 1898. In other words, if you by a replica from this website you are a felon. If you buy an original, then you are ok. The British and the Americans during the Revolutionary war both used the Brown Bess musket which was designed in 1722. This rifle design is older the United States itself. It fires a 71 cal bullet which is much larger than the 50 cal cutoff set by this bill. While the ~300 year old rifles have been exempted with an "1898 antique" clause one needs to be careful because there are plenty of black powder rifles that are not exempt:

Non-Compliance with any part of SB 1195 will cause you to be charged with a FELONY.

Did they intend to ban tools that are commonly used for sport and hunting? The text of the bill seems to set the goal of doing exactly that:
The General Assembly finds …that the use of these weapons, devices, or attachments for sport or recreation is substantially outweighed by the danger these weapons or devices present to human life, and that restrictions should therefore be placed on the manufacture, delivery, and possession of these weapons, devices, and attachments.”

I need proof of this:
Forget what he said in a survey, in 2003 Obama voted FOR IL SB1195 which would have banned the sale, possession and manufacturing of any semi-automatics (as well as magazines) capable of firing more than FIVE rounds. During the Senate Judiciary meeting on the bill, Obama commented that giving folks 90 days to surrender thair weapons was essentialy confiscation.
And then he voted YES.

Barack Obama supports banning the sale or transfer of all forms of semi-automatic weapons: According to his responses to an Illinois State Legislative Election 1998 National Political Awareness Test, Obama pledged to “Ban the sale or transfer of all forms of semi-automatic weapons.” (Project Vote Smart Website,, Accessed 3/5/08)

Barack Obama voted to support legislation that “would have banned most of the privately held hunting shotguns, target rifles, and black powder rifles” in Illinois: “[I]n 2003, Obama voted in support of SB1195, which, if passed, would have banned most of the privately held hunting shotguns, target rifles, and black powder rifles in the state. If the ban was enacted, law enforcement officials would have been authorized to forcibly enter private homes to confiscate newly banned firearms.” (Illinois State Rifle Association, “ISRA Blasts Candidate Obama On His Record Of Hostility Toward Law-Abiding Firearm Owners,” Press Release, 8/24/04)

SB 1195 Caused Furor; Would Have Banned Shotguns, Muzzleloaders. "The gun furor basically revolves around Senate Bill 1195, sponsored by Democratic Sen. Antonio Munoz. It would ban shotguns with a bore of .50 caliber or more, the net result, according to numerous interpretations, being to outlaw a variety of shotguns, and even muzzleloaders." (Lew Freedman, Op-Ed, "Hunters Need Not Worry--Yet," Chicago Tribune, 4/19/03)

Special Note:
The state of Illinois has moved their servers so finding old bills can be difficult. Searches for SB1194 on the new server only brings up stuff from the current Illinois Senate. I accidentally deleted my copy of this bill but will to host a copy of it once the old website is up and running again.

State Senate Bill Targets Hunters, 3/19/2003 11:05:25 AM
Illinois Sportsmen and Gun Owners Against Brick Wall in State Legislature, Sunday, March 30, 2003
Arms and the Law, Obama's Smoking Gun? David Hardy · 4 April 2008 01:45 PM

Tuesday, August 5, 2008

Expand the semi-auto ban to include millions more firearms.

"Obama, however, called for a host of new gun-control measures: strengthening the assault-weapons ban to include high-capacity clips made prior to 1994;",com_frontpage/Itemid,1/limit,10/limitstart,10/

Ban use of firearms for home defense.


The majority of both the U.S. Senate and House of Representatives - in fact, the largest number of co-signers of a congressional amicus brief in American history - asked the Supreme Court to support the individual rights view. Obama refused to sign the brief. During a speech at the NRA John McCain said:
He says he believes that the Second Amendment confers an individual right to bear arms. But when he had a chance to weigh in on the most important Second Amendment case before the U.S. Supreme Court in decades, District of Columbia v. Heller, Senator Obama dodged the question by claiming, "I don't like taking a stand on pending cases." He refused to sign the amicus brief signed by a bipartisan group of 55 Senators arguing that the Supreme Court should overturn the DC gun ban in the Heller case. When he was running for the State Senate in Illinois, his campaign filled out a questionnaire asking whether he supported legislation to ban the manufacture, sale and possession of handguns with simple, "Yes."
Watch Obama ever so slightly admit he supports the DC handgun ban:

This is the equivalent of saying "I support free speech, but only when the local governments deem it convenient". Obama also answered two questionnaires, one with handwritten notes one without, stated that he supported banning handguns and 'evil black rifles'. Feel free to look at a PDF of a questionnaire in 1996 when Obama was running for the Illinois senate. It states the following:
35. Do you support state legislation to:
a. ban the manufacture, sale and possession of handguns? Yes.
b. ban assault weapons? Yes.
c. mandatory waiting periods and background checks? Yes.
Clearly, Obama has a long history of denying citizens the right to self defense.

2004: Barack Obama Voted Against “Letting People Use A Self-Defense Argument If Charged With Violating Local Handgun Bans.” “[Obama] opposed letting people use a self-defense argument if charged with violating local handgun bans by using weapons in their homes. The bill was a reaction to a Chicago-area man who, after shooting an intruder, was charged with a handgun violation.” (Ryan Keith “Obama Record In State Legislature Offers Possible Ammunition For Critics,” The Associated Press, 1/17/07)

NOVEMBER 2007: The Chicago Tribune Reports That The Obama Campaign Says Barack Obama “Believes The D.C. Handgun Law Is Constitutional.” “[T]he campaign of Democratic presidential hopeful Barack Obama said that he ‘…believes that we can recognize and respect the rights of law-abiding gun owners and the right of local communities to enact common sense laws to combat violence and save lives. Obama believes the D.C. handgun law is constitutional.’” (James Oliphant and Michael J. Higgins, “Court To Hear Gun Case,” Chicago Tribune, 11/20/07)

FEBRUARY 2008: During An Interview, Barack Obama Acknowledged His Support For The D.C. Gun Ban. Questioner Leon Harris: “One other issue that’s of great importance here in the district as well is gun control. You said in Idaho recently – I’m quoting here – ‘I have no intention of taking away folks’ guns,’ but you support the D.C. handgun ban.” Obama: “Right.” (Leon Harris and Sen. Barack Obama, Forum Sponsored By ABC And Politico.Com, Washington, DC, 2/12/08)

· In The Same Interview, Barack Obama Indicated He Feels The D.C. Gun Ban Is Constitutional. Harris: “And you’ve said that it’s constitutional. How can you reconcile those two different positions?” Obama: “Oh, because I think we have two conflicting traditions in this country. I think it is important for us to recognize that we’ve got a tradition of handgun ownership and gun ownership generally. And a lot of people, law-abiding citizens, use it for hunting, for sportsmanship, and for protecting their families. We also have violence on the streets that is a result of illegal handgun use. And so, there is nothing wrong, I think, with a community saying we are going to take those illegal handguns off the streets …” (Leon Harris and Sen. Barack Obama, Forum Sponsored By ABC And, Washington, DC, 2/12/08)

· In This Interview, Barack Obama “Didn’t Dispute The Characterization That He Believes The Ban Is Constitutional.” “But a colleague points out that Obama took a question about the constitutionality of the gun ban from WJLA’s Leon Harris during the Potomac Primary, and didn’t dispute the characterization that he believes the ban is constitutional.” (Ben Smith, “Inartful,” The Politico, 6/26/08)

Police officer Heller still can't get a handgun to protect himself when he's off duty.


Pass Federal laws eliminating your Right-to-Carry.


Barack Obama called for federal legislation to pre-empt state concealed carry laws: “In a February [2004] survey of Democratic primary candidates for the U.S. Senate by the Tribune, Obama said he opposed allowing ordinary citizens to carry concealed weapons and that a federal law banning concealed carried weapons except for law enforcement is needed.” (Liam Ford, “Keyes Backs Law On Concealed Guns,” Chicago Tribune, 8/25/04)

Barack Obama opposes concealed carry: Obama: “I mean, I am consistently on record and will continue to be on record as opposing concealed carry.” (David Mendell, “Obama Has Center In His Sights,” Chicago Tribune, 4/27/04)

Obama disagreed. He backed federal legislation that would ban citizens from carrying weapons, except for law enforcement. He cited Texas as an example of a place where a law allowing people to carry weapons has "malfunctioned" because hundreds of people granted licenses had prior convictions. "National legislation will prevent other states' flawed concealed- weapons laws from threatening the safety of Illinois residents," Obama said.,com_frontpage/Itemid,1/limit,10/limitstart,10/

"Gun control: Election Center 2008". CNN. Retrieved on 2008-04-17. “Supports national law against carrying concealed weapons, with exceptions for retired police and military personnel.”
"Democratic hopefuls vary a bit on death penalty", Chicago Tribune (2004-02-20). Retrieved on 2008-04-17. "Obama says, "National legislation will prevent other states' flawed concealed

Ban the manufacture, sale, and possession of handguns.


As a state senate candidate in 1996, Mr. Obama endorsed a complete ban on all handguns in a questionnaire. The Obama campaign has claimed he "never saw or approved the questionnaire," and that an aide filled it out incorrectly. But a few weeks ago, found an amended version of the questionnaire. It included material added in Mr. Obama's handwriting.