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IRS Moves to Threaten Second Amendment Newsletters, E-mail Alerts
Gun Owners of America ^ | January 15,2004 | GOA staff

Posted on 01/15/2004 6:37:31 AM PST by yoe

The ink is barely dry on the Supreme Court's devastating decision in McConnell v. FEC -- the so-called campaign finance case that GOA was involved in. That decision severely restricted broadcast communications, thus making it more difficult for GOA to hold legislators accountable on Second Amendment issues.

Now, the IRS is already leaping forward to expand the Court's ruling to include GOA newsletters, e-mail alerts, and other Second Amendment communications.

Put out for comment on December 23, 2003 -- when, presumably, no one would notice -- proposed IRS Revenue Ruling 2004-6 creates a broad new set of ambiguous standards which groups like GOA must follow in order to avoid losing all or part of their tax-exempt status.

Under the proposed Revenue Ruling, the IRS would create a vague "balancing test" to determine whether GOA communications would be "permitted" by the government.

If the communication occurred close to an election, mentioned an officeholder who was running for reelection, and was targeted to put pressure on congressmen through constituents in each representative's district, all of these factors would push toward outlawing the communication.

Although the McCain-Feingold Incumbent Protection law was repressive enough, the proposed Revenue Ruling would go far beyond this anti-gun statute:

* Unlike McCain-Feingold, the proposed Revenue Ruling would not be restricted to broadcast ads. Rather, it would apply to newspaper ads, e-mail alerts, newsletters, and other communications by organizations such as GOA.

* Unlike McCain-Feingold, the proposed Revenue Ruling would not automatically exempt communications which occurred more than 60 days prior to an election -- or which fell below a certain monetary threshold.

* Unlike McCain-Feingold, the proposed Revenue Ruling would contain no fixed standards for compliance. Rather every GOA newsletter or alert would have to be published with the realization that the government, after the fact, could apply its vague criteria to determine that is was "impermissible."

For example, when GOA learned that an anti-gun rider had been placed on a Defense authorization bill in September 2000, GOA alerted its members to this provision which would have allowed the Dept. of Defense to confiscate and destroy any military surplus item that had ever been sold by the government.

M1 Carbines, 1903 Springfields, Colt SAAs, uniforms, ammo, scopes -- and much more. All these privately-owned items could have been confiscated and destroyed by the feds.

GOA generated a groundswell of nationwide opposition against the confiscation attempt. But we especially targeted our focus on the Senate Armed Services Committee.

The message evidently got through, as the Committee Chairman's office called GOA to discuss this problem after he received hoards of calls, postcards and e-mails from our members. The provision was removed, and Second Amendment rights were preserved.

But had this IRS regulation been in effect in 2000, the agency (which then was under Clinton's control) could have RETROACTIVELY punished GOA, stating that our activity would have been impermissible if just one of the targeted Senators had been facing reelection!

This new regulation would allow lawmakers to load up gun bills prior to an election, secure in the knowledge that GOA won't be able to let you guys know about them in time.

GOA has formally lodged a protest with the IRS regarding this expansion and abuse of power. To read the GOA comments, go to (link)

It is imperative that this rule be defeated!

ACTION: Contact your congressmen. Ask them to write the IRS and demand that it withdraw proposed Revenue Ruling 2004-6. You can contact your Representative and Senators by visiting the Gun Owners Legislative Action Center at (link) to send them a pre-written e-mail message.

Take Action

Your Representative and Senators must submit their comments to the IRS by January 26.


TOPICS: Announcements; Breaking News; Business/Economy; Constitution/Conservatism; Culture/Society; Government; Politics/Elections
KEYWORDS: 1stamendment; bang; banglist; cfr; civilwar2; infringment; irs; marxism; revolution; socialism; tyranny
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To: Dead Corpse; Taxman; ancient_geezer; Bigun; n-tres-ted
Senate has HJR 45. Zell Miller (D) and Saxby Chambliss (R) are on it. Progress is surely being made. It's nice to ponder the steady growth in support.

Looks like we need a thread on the Fair Tax!

Who's got an article? Post em if you got em!

141 posted on 01/15/2004 3:37:14 PM PST by Principled
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To: yoe
"GWB like everyone else "knew" the Supreme Court would strike this down "

How do you know that GW "knew" this? This is an assumption. I am part of the 'everyone else' - and I had NO confidence they would strike it down. Has GW apologized? Has he said that he was wrong and is sorry that it passed? I haven't heard him say anything that gives me the impression that he was anything other than in favor of it. There was no need for him to sign this. He praised the bill when he signed it, and if he is a man of truth shouldn't we have to take him at his word?
142 posted on 01/15/2004 3:38:56 PM PST by willa
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To: Charles Martel
"Once again, the government tries to tighten its grip, resulting in unexpected consequences. IMHO, this will lead to more activism, not less."

My experience with activism is that very very few people will actually get involved. Our politicians know this. A few activist groups pale in comparison to the millions of magazines and newsletters mailed by organizations at election time.

Groups can try to jump through a zillions hoops, but they will fear the government lawsuits that will be thrown at them. Whose got the $$$ to fight a sustained battle even if they win? The laws are complicated and are meant to be.

There is NO silver lining. We lost freedom, and there wasn't a stir. Where was the activism when CFR passed? I heard alot of excuse making instead.








143 posted on 01/15/2004 3:51:56 PM PST by willa
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To: yoe
A conservative president would block this kind of abuse of the law, by the IRS.

Too bad we don't have a conservative president.

 

144 posted on 01/15/2004 3:52:07 PM PST by Action-America (Best President: Reagan * Worst President: Klinton * Worst GOP President: Dubya)
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To: Jim Robinson
Jimmy, Where are you, you liberal Democratic bitch boy.
145 posted on 01/15/2004 3:57:15 PM PST by FSPress
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To: yoe
The IRS is disgusting!
146 posted on 01/15/2004 3:59:46 PM PST by Saundra Duffy (For victory & freedom!!!)
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To: FSPress
I'm right here.
147 posted on 01/15/2004 4:06:18 PM PST by Jim Robinson (I don't belong to no organized political party. I'm a Republycan.)
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To: yoe
John Paul Stevens... Nominated by President Nixon

Stevens was nominated by Ford.

148 posted on 01/15/2004 4:07:36 PM PST by Dane
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To: yoe
Over reaching by the IRS - what are their rights to do this?

As an Administrative Agency, they have the right to adopt reasonable regulations. But before we even consider whether or not this trial baloon is reasonable, we ought to be inquiring where in the chain of command, responsibility for this stops. Is this one more example of the Administration, which ultimately is responsible for the IRS, as for every other department in the Executive Branch, showing its indifference to important Conservative core values--or an Administrative Agency off on a tangent?

Just what is really going on here?

We are going to lose America very rapidly, if we do not find an effective way to rally our forces, with sufficient demonstration of our strength, to put the fear of God and principle back into the knaves in Washington.

William Flax Return Of The Gods Web Site

149 posted on 01/15/2004 4:07:42 PM PST by Ohioan
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To: yoe
"Over reaching by the IRS - what are their rights to do this?"

PA 1 and PA 2.
150 posted on 01/15/2004 4:09:35 PM PST by Beck_isright ("You can't fight in here, this is the war room" - President Merkin Muffley)
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To: FSPress
Uh FSP, I'll give you my opinion. From what I've seen of the GOA, I don't care for them. They use hyperbole and this could be a fund raising ruse. Haven't seen anything about this from the NRA.

Oh that's right the NRA is a traitorous organization according to the GOA, nevermind.

151 posted on 01/15/2004 4:11:02 PM PST by Dane
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To: kingu
Wow. You should put together a thread on how to start a newspaper.

I'll bet more than a few would like to pick your brain.

I would. (Ping me if you ever decide to do it.)

X
152 posted on 01/15/2004 4:17:52 PM PST by xzins (Retired Army and Proud of it!)
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To: Action-America
(Best President: Reagan * Worst President: Klinton * Worst GOP President: Dubya)

Again JMO, but Clinton would have had an executive order. This is a proposal that will probably be shot down. The leftist organizations(pro-abortion groups for example are probably against this also).

One arguement is that this about legislation and not elections. Leftist groups(mostly anti-abortion) are probably against it also.

153 posted on 01/15/2004 4:29:13 PM PST by Dane
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To: willa
Where was the activism when CFR passed?

People didn't care. They just wanted the mudslinging TV ads off before Friends came on.

154 posted on 01/15/2004 4:31:46 PM PST by Dane
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To: Dane
From what I've seen of the GOA, I don't care for them.

Sorry to hear that. They really are a uality organization.

Oh that's right the NRA is a traitorous organization according to the GOA, nevermind.

The whole NRA/GOA squabble really pisses me off, and both sides are equally culpable. There is plenty of room for both organizations in fighting for the 2nd.

155 posted on 01/15/2004 4:32:23 PM PST by jmc813 (Help save a life - www.marrow.org)
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To: FSPress
Jimmy, Where are you, you liberal Democratic bitch boy.

That "liberal Democratic bitch boy" could have ZOTted your a$$ out of here with the stroke of a key. How 'bout showing some appreciation to the guy allowing you to post on his servers. I highly doubt you contribute financially to maintaining them.

156 posted on 01/15/2004 4:34:33 PM PST by jmc813 (Help save a life - www.marrow.org)
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To: Dead Corpse
With McCain-Feingold, and now this IRS expansion, the government can violate two Rights at once

It isn't set in stone. It's a proposal.

157 posted on 01/15/2004 4:34:47 PM PST by Dane
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To: Joe Brower
Just called our Senator and gave the long version.
158 posted on 01/15/2004 4:35:34 PM PST by PhilDragoo (Hitlery: das Butch von Buchenvald)
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To: Dane
"People didn't care. They just wanted the mudslinging TV ads off before Friends came on."

Or they sat around and hoped it would be vetoed or ruled unconstitutional. Idiots.
159 posted on 01/15/2004 4:53:56 PM PST by Stew Padasso (Head down over a saddle.)
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To: jmc813
The whole NRA/GOA squabble really pisses me off, and both sides are equally culpable. There is plenty of room for both organizations in fighting for the 2nd

That's whats so weird about this. This proposal has been out there for almost a month. Granted it happened on Dec. 23rd, and if you take into account that the GOA took the week between Christmas and New Years off, that still leaves nine days to put out this e-mail. And nothing from the NRA. There could be thousands of these proposals every year that don't getmentioned and is it the law that every administrative agency has to put out proposals when a law is signed and put out for comment.

Also the GOA could have made a better point that this affects all groups interested in politics and could have called other groups for thier opinion and put it in their e-mail and not make it look like this proposal specifically tragets them.

They have other allies against this proposal and yet they don't mention them. I have no idea who actually votes for this proposal, not that have I seen the whole thing, either. Also I don't know if there is any Congressional oversight in this matter.

160 posted on 01/15/2004 4:58:50 PM PST by Dane
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