IRS Moves to Threaten Second Amendment Newsletters, E-mail Alerts

Gun Owners of America ^ | January 15,2004 | GOA staff

[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.

[templar]

The republic is dead.

That actually happened quite a while back. What seems to be catching peoples interest now is the funeral.

[Dead Corpse]

Well... at least we TRIED to warn them.

[AAABEST]

You said it.

The GWB knee-pad crew was busy telling us what a patriotic genious their boy-wonder was when he violated his oath of office by signing this s**t, because everyone knew the SC would strike this down.

Hey but he "outsmarted the dems once again".

[Blue Collar Christian]

Oh, my God. We must pray for guidance and enlightenment.

DeadCorpse speaks the truth in these pro 2A threads. Blackie repeats Moulon Labe. I love these people. I pray we people have what it takes to do what it takes to stop this "progress".

To invite "them" to come and take our guns is bravado, but I don't believe it is prudent to let that be the line "they" must cross before action is taken. The legal system is broken. Our lawmakers remind me of my son when he was 6 years old. Whatever game he was playing, whether he was inventing a game or playing an established game, he would amend the rules so as to retain the advantage and continue to win.

The best time to start the action the 2nd Amnendment was written to enact has past, but it is not too late, YET.

The longer we wait, the more systems are installed to prevent or resist what must be done to keep this a free country.

[cmak9]

I think they are just called "low power" and the initiative behind them was squelched I believe.

[freeeee]

This really is a brazen assault on freedom. This strikes at the heart of representative government because people can't make informed choices come election time with this law. Elections will become a farce.

What to do now? Move? Do we really want to live in a country where we can't criticize the government before an election? Seriously, if you woke up today in China or Cuba, would you stay, or would you take an inner tube to Miami?

What makes me saddest is the reaction of what are supposedly the strongest freest people on Earth. Where are the demonstrations? Where is the unrest that must accompany such assaults on the liberty we supposedly hold so dearly? Where is the volcanic political reaction that puts every last one of these tyrants out of a job come election time?

People are defined by their actions. Sitting around and of all things voting again for the people who did this to us shows by example that we aren't any better than the broken people of other nations I used to think we were better than.

People had a fit when Clinton cheated on his wife at work and lied about it. That's nothing compared to this! Where is the impeachment?! Apparently Americans only care about soap opera antics, the type of thing seen in tabloids. This is just sad and pathetic.

[woerm]

bump

wearing out phone calling my misrepresentative

r

[yoe]

Exactly!

[Atlas Sneezed]

So pay taxes.

---

You have it wrong. Whether they are a PAC or a 501c3 charity, they have no profits, and thus would never pay taxes. The only difference is whether the contribution is deductible to the donor.

[Dead Corpse]

Elections will become a farce."

I hate to break it to you, but elections have been "farcical" for some time now. Boss Tweed said it best, "I don't care who does the electing, as long as I do the nominating."

I'm an American. I was born here. I will be buried here. I WILL NOT run.

[xzins]

Thanks cmak; I'll look it up.

Maybe there are regional differences.

[Admin Moderator]

Knock it off.

[Travis McGee]

Well, there goes the First Amendment.

No surprise that their next target is the Second.

[GigaDittos]

The uneducated masses have voted representatives of poor character into office. The Joe "Sixpacks" who say, "as long as they don't bother me, I don't care what they do up there." And of course some of us with some knowledge have been complacent. When you have a family it is difficult to become a political fanatic and go out demonstrating while your horrified wife files for divorce from the "madman". Your Liberally educated children are shocked by your strange notions of the Constitution and liberty, and how this is irrelevant to DragonBall Z, Tony Hawk, Snoop Doggy, Gamecube, X Box or PS 2. The most patriotic people (US military) will be the weapon that the Tyrannt uses against you in the end. The civil rights leaders keep one segment of the population convinced of their historic oppression which no longer exists, but masks the real oppression led by elected officials. Keep them hooked on gangsta rap and the notion that education is for Uncle Toms and geeks. My own gifted child developed such notions within two weeks of going to public school in a predominantly white and "good" public school district, and did not want to attend the gifted program once/week for fear of being consider uncool. Fortunately we resolved this, but for many it is not.

[GigaDittos]

What's the matter? What is wrong?

[longtermmemmory]

So the newsletter has "announced" regular addtions which are published at set times before the first tuesday of november every year. That would avoid the "special issue" argument.

Would this apply to planned parenthood clinics?
NOWgang?
How many other left leaning organizations?

Even if it did, would enforcment be equal? No way.

The gov bereaucrats are dominated by democrats. These democrats still want to use their power.

I wonder how many IRS people are still loyal and owe their jobs to the clintons.

[Angelwood]

FYI

[Charles Martel]

I think every american should now start their own newsletter, bulletin board, email list, etc.

I concur. Also, if GOA, NRA, JPFO, et al wish to favor me with lists of e-mail addresses, I'll be happy to kick my pro-RKBA activism up several notches. I have no tax-exempt status to be concerned about.

Once again, the government tries to tighten its grip, resulting in unexpected consequences. IMHO, this will lead to more activism, not less. Of course, they expect us to suffer a poke in the eye and meekly ask for more of the same.

[Atlas Sneezed]

The GWB knee-pad crew was busy telling us what a patriotic genious their boy-wonder was when he violated his oath of office by signing this s**t, because everyone knew the SC would strike this down.

---

I honestly think that GWB's signing a law that that he knew and admitted was unconstitutional is essentially an admission of a violation of his oath, which is far clearer grounds of impeachment than the crimes committed by Clinton.

[GigaDittos]

I disagree completely, at least we know what Bush does, Clinton never let you know, and he lied about lies.