Gun Rights on a Roll:Republican Congress Unlikely to Renew Clinton Weapons Ban

Human Events ^ | Week of May 12, 2003 | David Freddoso

[Remedy]

Thanks to conservative gains in the 2002 elections, and increasing Democratic reluctance to embrace gun control, gun rights have made significant advances on the state and federal levels over the last two months.

In addition to House passage last month of a bill immunizing gun manufacturers from lawsuits based on criminal misuse of their products (see Human Events rollcall, May 5), several states have passed similar bills or are working on them in their legislatures. Meanwhile, five states have passed laws this year making it easier to carry concealed weapons, and three others have taken legislative steps toward gun rights legislation (see map, page 8).

Of even more concern to gun owners, though—and perhaps more critical to the outcome of the 2004 election—is the looming fight over the federal ban on so-called "assault weapons." Despite President Bush’s recent promise to sign an extension of the ban, 2nd Amendment activists are confident it will die in September 2004, when it automatically sunsets.

Cosmetic Gun Ban

The ban, sponsored by Sen. Dianne Feinstein (D.-Calif.) in 1994, was given a ten-year expiration date as part of a compromise to secure the votes needed for passage. As a part of President Clinton’s signature "crime bill," the law banned specific guns not because they were more dangerous than other guns, but because they had cosmetic features characteristic of military weapons.

For example, a bayonet mount and a protruding pistol grip are enough under the law to classify a rifle as an "assault weapon" if it accepts detachable magazines. The rules for classifying pistols as "assault weapons" are similarly cosmetic.

White House spokesman Ari Fleischer confirmed for Human Events last Wednesday that Bush would sign a bill extending the gun ban. "That is the President’s position, and the stand that he took in the 2000 campaign," said Fleischer.

But Chuck Cunningham, the National Rifle Association’s director of federal affairs, said that a bill renewing "the Clinton gun ban" will not get anywhere near Bush’s pen.

"The difference would be that there’s no Clinton, there’s a Republican President, and the Republicans control both houses of Congress," said Cunningham. "That on its face should be proof of what an uphill battle the other side has."

"I think we’ll have the votes to stop it from being re-enacted or expanded," he said. He also pointed out that the fight on this issue, like federal legislation in 1999 to regulate gun shows out of business, will help strengthen the NRA at the grassroots "by providing a dragon to slay."

NRA board member Grover Norquist agreed.

"The people who remember how people vote on gun control are the people who hate gun control," said Norquist. "It will remind people that it matters who is in the House and Senate, and it will energize our base."

Other activists and congressional sources agreed that a bill to renew the gun ban would be dead on arrival in the House, and maybe in the Senate.

Meanwhile, Democrats on the both the federal and state level are going out of their way to distance themselves from the gun control lobby.

Former Vermont Gov. Howard Dean—an unabashed liberal on most issues—has made a point in his presidential campaign of his support for gun rights, citing this as evidence he is moderate enough to win a general election.

Rep. Harold Ford (D.-Tenn.), a rising Democratic star, was among 63 Democrats who voted for the NRA-backed bill immunizing gun manufacturers against lawsuits. "I’ve come around to the point that [I believe] you can’t go regulating a legal enterprise out of business," Ford told Human Events. Ford did not forget to point out that he is an avid hunter.

In the Senate, the same bill is co-sponsored by Minority Whip Harry Reid (D.-Nev.), Blanche Lincoln (D.-Ark.) and Byron Dorgan (D.-N.D.), who all face re-election this cycle. Even more surprising is the list of Democrats who have not declared either way on the bill. It includes stalwart liberals such as Pat Leahy (D.-Vt.), Jim Jeffords (I.-Vt.) and even Minority Leader Tom Daschle (D.-S.D.).

Eric Howard, spokesman for the pro-gun-control Brady Campaign, would not comment on rumors that Daschle has warned his group not to expect his support when the bill comes up for a vote. Daschle will very probably face a competitive re-election battle next year against former Republican Rep. John Thune.

Political Momentum

Governors in Minnesota, Colorado and New Mexico have all signed laws this year requiring local authorities to issue concealed weapons permits to any sane, law-abiding citizen who applies (see chart). These laws bar local authorities from maintaining de facto gun bans by arbitrarily refusing to issue permits. Democratic Gov. Mark Warner of Virginia also signed a bill pre-empting all local gun control laws.

One or both houses of the state legislatures of Missouri, North Carolina and Ohio have already passed bills making it easier for more people to carry concealed weapons, and New Hampshire, Nevada and Wisconsin are expected to act soon on bills that will ban lawsuits against gun makers in state court.

On the other side of the issue, only one state—Illinois—is expected to pass major anti-gun legislation this term.

Howard tried to put a good face on the Democratic defections. "I don’t think it’s fair to say that everybody’s running from this issue," he said.

Rep. Danny Davis (D.-Ill.), a liberal gun-control champion, was more blunt. "I think that Democrats—or if you want to say people who are thought of as more progressive—have allowed themselves to be out-worked, out-strategized," he said.

Indeed, Republican congressional sources say conservatives can only benefit politically from more votes on gun issues this term.

"The 2nd Amendment is just such a powerful issue," said one House aide. "It’s a great time for it."

Rep. Jeff Flake (R.-Ariz.), a leader on gun rights issues, outlined the dilemma of gun control advocates in keeping Democrats on the reservation. "In 2002, you had the Dingell race," he said, referring to the primary between Democratic Michigan Representatives John Dingell, who supported gun rights, and Lynn Rivers, who did not. Dingell won by an 18-point margin.

"Dingell ran on it and did well, and in a Democratic primary," said Flake. "There’s been a realization on the part of the Democrats that they’re not getting the traction here that they thought they did before, or that they perhaps did before."

[jdege]

President Bush's Boy Feels the Sting of His Boss' Mistake
KeepAndBearArms.com ^ | May 8, 2003 | Sam Cohen

[jdege]

Several states have passed or are considering bills that added or improved reciprocity provisions in their shall-issue laws. Alaska, Arizona, North Carolina, etc.

[Blood of Tyrants]

Thanks. There was no good reason for Bush to piss off his base, AGAIN, but he did anyway.

[Jim Robinson]

"Thanks to conservative gains in the 2002 elections, and increasing Democratic reluctance to embrace gun control, gun rights have made significant advances on the state and federal levels over the last two months."

Just keep voting the Democrats out! We need a filibuster proof Senate! The absolute worst thing we could do now is allow the Democrats to regain control. Sock it to them while they're down! Make sure they stay down!

[hchutch]

Amen to that!

[ModernDayCato]

Jim, do you guys have a plan for the RINOs once we kick the Demos @sses?

[Tauzero]

"Do you think he wouldn't sign it if the Dems found a way to pass it?"

I think he would sign it. I don't think Bush's position is an example of brilliant (disingenuous) "strategery". I think he honestly supports the ban.

[discostu]

So where's the lie? He told us while he was running he believed in enforcing the existing laws, which included this ban. And now he's said he'll renew the ban if it lands on his desk, although no one who's commented within the administration thinks it has a chance of landing on his desk. No lies.

[Jim Robinson]

Well, I'd say we continue trying to replace the Rinos through the primaries. Keep bringing up the best and the brightest from the farm teams. I'm hoping someday FR, FRN and an FR PAC can help in this situation. We need to recruit, train, support and hit the streets for the most conservative and electable challengers we can muster. We've got to continue building our memberships and strengthening our alliances with other conservative groups like the NFRA, ACU, RLC, NRA, etc. There's no other way to do it at this time. We must continue building the majority and making our best efforts at making the congress more conservative as we go.

[Tauzero]

"Sucks, don't it?"

Only for those that seek power. It is indeed a sad commentary on the state of this (so-called) nation. The people of the "United" States are so divided that few honest men can be elected.

But actually, I don't think Bush is being dishonest. I think he really does support a ban -- he's just not rabid in his support of it.

(I like your sig BTW. Never understood why (p)EU folks consider "cowboy" an epithet.)

[punster]

"It's finally dawning on them that President Dubya said he would sign a bill that has no chance of clearing Congress - and the trap they THOUGHT had been laid for him politically is really a non-issue. The media hate it when Dubya outsmarts them...again."

As an interesting perspective on tactics, read Gordon R. Dickson's novel, 'The Tactics of Mistake'. It does seem to be useful to get the democrats (read that lying bastards) to commit themselves to a very unpopular cause, thinking they can twist it to their political gain. What happens when they over extend themselves, and the thing falls apart?

[green team 1999]

bump

[Jim Robinson]

He said the current laws should be enforced. I've heard the NRA say the same thing. And if you think about it, seeing as how the current law includes a sunset feature, then by allowing it to expire is enforcing the current law (assuming the Congress does not vote to extend it). The obvious thing to do now is to lobby the Congress. Keep those cards, letters, phone calls and personal visits going. Make sure your reps and Senators understand that they need to let this thing die.

[TexanToTheCore]

He signed the CFR to take it off the table. No one thought that the most awful provisions would make it past the supreme court.

So what are we left with?

John McCain sponsored unconstitutional legislation, and is not well thought of any longer.

The Rats can't raise this as an issue, W. signed it.

We win all rounds and the match.

[ModernDayCato]

I believe that this strategy is quite dangerous (as it strengthens the RINO contingent of the party), but I've come to the same conclusion that you already have: there is no other alternative. There is an average of 2% chance of unseating an incumbent. We're helping to elect RINOs to positions where they're going to stay and amass power. I'll give you the prime example:

I live in Fairfield County, CT, deep in RINO country. There is a palpable disgust here for RINO of the century Christopher Shays. The county is full of middle level management types who don't like to take any chances. I have met lots of Freepers, but it would be an uphill battle to run.

The best we can come up with is that one of us should run and draw fire as a right wing extremist (talk about type casting) which would probably get us the primary but lose us the election to the democrat. Then we pick off the Rat next time.

Aside from the fact that that would require unseating incumbents in two successive elections (which would be unbelievably difficult) that seems to go against the Robinson doctrine. That's how hard it's going to be to pick of the RINOs here in New England, and probably elsewhere.

I would love to see FRN come up with a list of candidates that could do the heavy lifting (and it's gonna suck), with the help of FR PAC and other local PACs (there are several here in CT, along with the Club for Growth, which is very active here) offering some backing.

[The KG9 Kid]

I like 'Lug Nuts' better.

[Jim Robinson]

Need to recruit someone like Ann Coulter to challenge Shays. It's gonna be tough in many rino districts to replace them without turning it back to the Democrats. It's gonna take a lot of campaign dollars, and a lot of troops on the streets, on the phones and on the air and a helluva lot of hard work, but I think we can get there eventually.

[ModernDayCato]

Ann Coulter would never work here. Remember, these are people who have made their careers on not rocking the boat, which I why I could never get elected. I could probably win the primary (the second time probably), but would get slaughtered in the general. Ann would probably have trouble with both.

It's gonna take a lot of campaign dollars, and a lot of troops on the streets, on the phones and on the air and a helluva lot of hard work, but I think we can get there eventually.

So when do we get started then?

[punster]

A question. Is it wrong to lie to the enemy. It is necessary to mislead the enemy, so they will leave themselves vulnerable. That is a fundamental rule of warfare.

[Jim Robinson]

Today seems like a nice day.