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)