U.S. House of Representatives Votes for Sweeping Gun Control
Earlier this week, U.S. House of Representatives passed a sweeping gun-control package titled the “Protecting Our Kids Act” (POKA). This radical legislation involves eight new statutes, covered below. Voting primarily on party lines, the Democratic-majority House approved the eight measures that collectively comprise POKA by a 223-204 vote.
NOTE: No part of POKA has become actual Federal law yet — it has only made it through the Democratic-controlled U.S. House of Representatives. For any part of POKA to become law, the provisions must be approved by the U.S. Senate and then signed by President Biden.
Here Are Key Statutory Components of the New POKA Federal Legislation:
1. Anthony Brown’s Raise the Age Act — This raises the lawful age to purchase a semi-automatic rifle from 18 to 21 years old.
2. David Cicilline’s Untraceable Firearms Act — This makes so-called “ghost guns” subject to existing federal firearms regulations.
3. Ted Deutch’s Keep Americans Safe Act — This is a new Full-Capacity Mag ban that would ban the sale, manufacture, and possession of New gun magazines that hold more than 15 rounds.
4. Robin Kelly’s Prevent Gun Trafficking Act — This creates new federal offenses for gun trafficking and straw purchasing.
5. Dina Titus’s End Bump Stock Loophole Act — This carries the Biden Executive orders further, by banning the manufacture, sale, or possession of Civilian bump stocks.
6-8. Gun Storage Regulations — There are three Gun storage proposals which mandate gun storage: Rosa DeLauro’s Ethan’s Law, Elissa Slotkin’s Safe Guns, Safe Kids Act, and Sheila Jackson Lee’s Firearm Safe Storage Act.
According to GunsAmerica Digest: “Only two Democrats — Reps. Jared Golden of Maine and Kurt Schrader of Oregon — voted against [POKA] while five Republicans — Reps. Anthony Gonzalez of Ohio, Fred Upton of Michigan, Brian Fitzpatrick of Pennsylvania, Adam Kinzinger of Illinois, and Chris Jacobs of New York — voted for it.”
The National Shooting Sports Foundation (NSSF) criticized lawmakers for supporting measures that clearly violated the Second Amendment rights of law-abiding citizens. The NSSF stated that POKA is seriously flawed, and violates the U.S. Constitution:
“This legislation isn’t a serious attempt to find common ground and effective answers. This was nothing short of a partisan effort to advance a radical gun control agenda”, said Mark Oliva, NSSF’s Managing Director of Public Affairs in a message to GunsAmerica.
“Many of the ideas included in this legislative package are unconstitutional, including denying Second Amendment rights to adults under the age of 21″, he continued. “The U.S. Court of Appeals for the Ninth Circuit just struck down California’s age-based gun ban as unconstitutional.”
Here is the analysis of the new POKA legislation from the NRA Institute for Legislative Action (NRA-ILA):
Among its many provisions, H.R. 7910 would ban law-abiding 18-20 year old adults from acquiring semi-automatic rifles and shotguns. This unconstitutional legislation would extinguish law-abiding adults’ Second Amendment rights and contends that these individuals are responsible enough to defend their country or vote in an election, but cannot be trusted to follow the law.
H.R. 7910 would generally ban standard-capacity magazines that are overwhelmingly popular with law-abiding Americans for self-defense, as well as redirect federal tax dollars intended for law enforcement and other public safety programs to “buyback” existing lawfully-possessed magazines.
Furthermore, H.R. 7910 includes several “safe storage” mandates that would control how individual Americans keep firearms in their own homes. These provisions are in direct contravention to the U.S. Supreme Court decision in Heller that held mandatory storage provisions that prevent a law-abiding American from having ready access to a firearm for self-defense are unconstitutional.
The second bill, H.R. 2377, is a combination of legislative proposals to create ‘red flag orders’ that allow for the confiscation of firearms without due process of law. The legislation would directly empower federal judges to nullify Second Amendment rights on a case-by-case basis and issue orders to seize firearms from the named individuals. It would also provide funding to encourage states and localities to pass and enforce laws allowing judges to issue orders to seize firearms.
H.R. 2377 would strip Second Amendment rights of individuals by confiscating firearms without constitutional due process by allowing courts to issue ex parte (meaning the accused is not present) firearm confiscation orders. A person could be forcibly disarmed of otherwise lawfully-possessed firearms before he or she had so much as an opportunity to contest the accusations – this would represent a clear denial of constitutional due process protections.
Moreover, H.R. 2377 would generally authorize indefinite firearm deprivations, giving courts options to issue orders without a time cap, or choose to allow for indefinite order renewals. This legislation treats the Second Amendment as a second-class, disfavored right and flies in the face of due process, the presumption of innocence and fundamental fairness.
On April 17th, the Sportsmen’s Heritage Act of 2012 (H.R. 4089) passed the House of Representatives with a 274-146 vote. Sponsored by Rep. Jeff Miller (R-Fla.), the bill combines four legislative priorities that will expand recreational hunting, shooting and fishing opportunities and also reaffirms existing law and heads off determined bureaucratic efforts to deny hunters and shooters from using traditional ammunition. This important legislation is supported by more than 35 national conservation and sportsmen’s groups.
