United States – -(AmmoLand.com)- In 1986, the Firearms Owners’ Protection Act was passed and signed into law by President Ronald Reagan. It had the effect of greatly reducing the burden on law-abiding citizens who wished to exercise their Second Amendment rights – even though the Hughes Amendment was included. As Duane Liptak said, even though that poison pill was inserted, FOPA was worth it.
Suppose, though, we could get a Firearms Owners’ Protection Act II passed in 2021, assuming President Trump wins re-election, the House of Representatives has pro-Second Amendment leadership, and more pro-Second Amendment Senators are elected. What should be in that bill?
This is one area where setting priorities will be crucial. Legislation like FOPA is hard to get through. In the 2000s, the big fight was short-circuiting the strategy of suing firearms manufacturers into submission to an anti-Second Amendment agenda – an abusive strategy coordinated by Andrew Cuomo two decades ago. That is how we got the Protection of Lawful Commerce in Arms Act. How important is that legislation? Well, look at the efforts to repeal it, coming from some of the most vocal anti-Second Amendment extremists in Congress.
This upcoming version will not be a complete rollback of laws. A big part will be addressing new threats to our Second Amendment rights, especially from corporate gun control. But there may be other things we can do. Here are a few suggestions for what to include.
Limiting Corporate Gun Control
The recent actions by Salesforce, as well as a number of banks, have now shown that the threats to our Second Amendment rights don’t just come from politicians. What happens in corporate boardrooms can be as devastating. What good is a sweeping Supreme Court ruling if a firearms dealer can’t keep a bank account, acquire insurance, or has the rug pulled out from under them by a software company?
So, what may be vitally important is to prohibit discrimination against the firearms industry and those who are acting in defense of our rights. No, I don’t like the expansion of government power, but with the actions of corporations, it is necessary to do so.
Designating Silicon Valley as Publishers
The recent actions of Silicon Valley have made it clear that they are acting as publishers in pursuit of an agenda. The fact that this agenda is anti-Second Amendment is immaterial. Under Section 230, they only have immunity from liability if they are acting as platforms, not publishers. It’s time to drop the hammer on Silicon Valley’s pro-second-amendment censorship.
Fixing NICS and Overriding State Licensing Laws
Two recent mass shootings took place because disqualifying convictions were not in NICS. This is unacceptable, no matter how you feel about NICS. Think about how much effort we had to spend on defense because of those shootings. Fixing NICS also opens another opportunity – we can use the NICS fixes as a way to wipe out the absurd licensing laws in New Jersey, New York, Illinois, and other states.
Require Pre-Clearance of Gun Control Laws
Kamala Harris has done it again. Earlier, when she came out publicly about owning a gun for self-defense, I argued we should defend her right to do so. She recently said that on an unrelated controversial issue, the Justice Department should be given the power to require states to pre-clear laws relating to that. Well, when it comes to our Second Amendment rights, that is a capital idea, especially in the cases of California, Illinois, and New York.
Concealed Carry Reciprocity
Many anti-Second Amendment extremists often mistakenly claim that firearms licensing and registration is a good idea by citing the way we do it with cars. Skipping the rights vs privileges discussion, our driver’s license is good in all 50 states, so let’s make concealed carry licenses good in all 50 states and the assorted territories.
Second Amendment Guarantee Act
This legislation will work hand-in-hand with the pre-clearance requirement. In areas where federal law speaks, the states should not be able to create a patchwork of stricter laws, especially when people are traveling.
National Firearms Act Reform
These days, a lot of technology has changed, and perhaps it is time for the procedures of the National Firearms Act to be updated. The Hearing Protection Act is just part of what should be included in this. We should also repeal the Hughes Amendment. In addition, if NICS is fixed, then there is no need to have a police chief sign off, nor should there be a months-long wait for approval.
The fact is, we are well overdue for a second Firearms Owners’ Protection Act. It’s time to figure out what we should be pushing for when we get the chance. Lets her what you want to see in FOPA2.0?
About Harold Hutchison
Writer Harold Hutchison has more than a dozen years of experience covering military affairs, international events, U.S. politics and Second Amendment issues. Harold was consulting senior editor at Soldier of Fortune magazine and is the author of the novel Strike Group Reagan. He has also written for the Daily Caller, National Review, Patriot Post, Strategypage.com, and other national websites.
Harold. Once again you have missed the target completely. Let us hope that your inability to touch paper doesn’t extend to the restroom as well. The answer is there should be no new “ACT”. Period. The principles put forth in the constitution and the 2nd Amendment state that no level of government has authority to do such. So I will ask a question which I already know you will not answer, you will tuck your head back up into your cheeks and ignore it. Q- Why do you want to waste paper with most of what you said, on an… Read more »
Duane Liptak’s statement is the single most mind-numbingly stupid thing I have ever heard! He makes gun grabbers look like rocket scientists! FOPA was, and still is, a PAPER TIGER! Sure, most states honor it, but those who violate it do so WITH IMPUNITY! Absolutely no consequences whatsoever. In exchange, we lost the right to full-auto. As John Adams said, “Liberty, once lost, is lost forever.” FOPA was worth it? Don’t be an ass, Duane. Jesus, Harold, WAKE UP! The FIRST thing a 21st century FOPA needs is T-E-E-T-H! MANDATORY penalties for violations. Without that, FOPA remains a hollow threat.… Read more »
Uuuhhh…
REPEAL HUGHS AMENDMENT. Duh.
All in all I see banks , multi millionaires and multi millionaire corporations that are spending millions upon millions of dollars to help distort and destroy the second amendment !and back their own agendas! Pumping millions into different causes and groups ( when you’re rich the constitution means nothing to you because you can afford to live anywhere! ) Just like history past the rich people are trying to oppress the poor people by whatever means they can possibly (trump )up ! If the shit hits the fan these very same people will be spending as much money as they… Read more »
Being older than some here I remember then Gov Reagan signing the bill removing the rights of Californians concerning the carrying of firearms. And then there was 1986. And then there were all the statements he made later in life. In regards to firearms rights he was lacking.
Here is an idea: “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” NOTE the shall not be infringed limitations on government.
If there are truly over 100 million gun owners, wouldn’t that be a 40% larger voting bloc than what it took to win the general election. I think we underestimate our power at the polls. I guess the trick is to get the voters off their couches.
Accepting the Hughes Amendment was a disaster!!! We’ve been fighting bans on semi-autos ever since, an outcome I wrote and warned the NRA about at the time. The really upsetting thing is that if the NRA had tried, it could have the Hughes Amendment stripped out of the bill in the Senate-House conference, but the NRA never even tried. That was confirmed to me by Senate staff at the time.
Don’t reform the NFA, repeal it, along with the Hughes Amendment.
Don’t fix NICS, abolish it entirely.
There, fixed it for you.
Remember folks the Second Amendment is the one and original FOPA. Article VI within the US Constitution declares it as Supreme Law, above all of other laws and treaties. The tyrants embedded in the Judicial Branch and our nations leadership have been working hard to convince citizens that Article VI allows States to trump constitutional rights, but this is simply not true. The wording of Article VI paragraph 1. & 2., preempt the US Constitution above all levels of government and paragraph 3. holds all government officials accountable to this oath. The antis have been claiming the last sentence in… Read more »