What should be in a 21st Century Firearms Owners’ Protection Act?

Ronald Reagan
What should be in a 21st Century Firearms Owners' Protection Act?

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?


Harold Hu, chison

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.

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The Revelator
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The Revelator

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 »

Oh Sadtler
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Oh Sadtler

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 »

Jim Orth
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Jim Orth

All we need is a STRICTLY enforced 2nd Amendment. Period.

Mark Are
Guest
Mark Are

EXACTLY. Up and to the first 13 words which are the most important 13 words in the whole constitution. I WANT TO SEE THE MILITAS back in force and effect. I want to see the militas convene grand juries and start trying these traitors.

Ej harbet
Guest
Ej harbet

For fopa 2.0?
Ban new production of semi auto assault weapons and register existing ones in the nfa database.
Mandatory safe storage in field stripped condition ammunition to be locked in a safe at the opposite end of the house.
But at least we can keep Fudd bolts and doubles! YAY
HOW BOUT WE DON’T AND SAY WE DID?
WHAT PART OF SHALL NOT BE INFRINGED IS THE ISDUE?

Austin Jones
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Austin Jones

Uuuhhh…
REPEAL HUGHS AMENDMENT. Duh.

Adam
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Adam

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 »

Jimbob
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Jimbob

The Nazi’s would not have been viable had corporations & “elites” not signed on.

Roy D.
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Roy D.

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.

I Haz A Question
Guest
I Haz A Question

I’m almost as old as you are, and a lifelong Californian as well.

Hey, the author of this article seems to be in agreement with licensing and NICS (gov’t permission for a natural right). Nowhere did I read it mentioned that such “permissions” are unconstitutional and should be nullified. Pretty poor wish list of his.

The Revelator
Guest
The Revelator

@I Haz A Question

Been Saying that about old double H for a long time now. He has been a long time supporter of Anti-second amendment policies.

Most of his articles are “written” to urge us to compromise and give in to what the Anti’s want.

Walt
Guest
Walt

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.

Wild Bill
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Wild Bill

@Walt, Yep, that is preemption if I have ever read it. In the language of Constitutional interpretation “shall” is mandatory. The founders intended a permanent lock on all future Congresses, Executives (and their bureaucrats), and the Judiciary.

joefoam
Guest
joefoam

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.

Oldvet
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Oldvet

@Joe …AND this time it seems it would be logical that those against abortion would be an addition to that number of gun owners . Seems that could be a good coalition to put the People Control socialist demoncrats in their place .

Oldvet
Guest
Oldvet

Imagine that being censored ..er ah.. moderated again!

Oldvet
Guest
Oldvet

And…The Right to life people may well show the gun people how to get off their asses and show up at the voting booth !

Oldvet
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Oldvet

Do you suppose the “moderator” selects those who are censored by name or content of text ?

Malcom Pipes
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Malcom Pipes

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.

Possum Stu
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Possum Stu

Don’t reform the NFA, repeal it, along with the Hughes Amendment.
Don’t fix NICS, abolish it entirely.

There, fixed it for you.

Austin Jones
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Austin Jones

Yeah Dude. You get it.

Core
Guest
Core

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 »

Wild Bill
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Wild Bill

@Harold Hutchison, You write, “Skipping the rights vs privileges discussion…” If you are going to write about law, then you should know that a right and a privilege are the same thing. Black’s defines privilege as a right, power, franchise, or immunity held by a person or class against or beyond the course of the law. See Blacks, Ed 5 p1077-1078.
Many people misuse the word privilege. I think that the words that you are looking for are authorization, benefit, or concession.

Vanns40
Guest
Vanns40

Nice article and wish list. We had a Republican President and a Republican Congress. What we didn’t have and won’t have, probably ever, is a Conservative President and Conservative Congress. Trump is a pragmatist and that’s not necessarily good for us as we’ve already witnessed. The only way we get him to do what WE want him to do is by sheer force of numbers; do it or you’re out! Unfortunately gun owners are too lazy to make that threat or carry it through.

stephen anderson
Guest
stephen anderson

Aside from things mentioned here there are some options.

1. redefine silencers. Define them as any device bringing the muzzle report of a standard fire arm down below zero DB.

2. Strict scrutiny for all 2a cases

3. Allow individual cops and prosecutors to be sued for 2 a violations. Remove some or all qualified immunity from them.

4. Make it actionable for any federally insured or regulated financial institution to discriminate against gun owners , advocates and licensed dealers.

5. Make gun ownership a protected class like race.

Nanashi
Guest
Nanashi

If Wayne LaPierre had his way: Ban of everything but single shot 22lrs, so long as his collection was grandfathered.

Grigori
Guest
Grigori

Trump winning re-election will no more get us a FOPA than him winning in 16 got us or will get us nationwide CWP reciprocity. The man is a liar and a sellout.

NoSir
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NoSir

Hahahahahaha with our luck and trump a future firearm owner protection act will contain a suppressor ban, semi auto ban and more power to the federal government to make up laws as they wish. Besides many people myself included won’t be coming out for ol gun grabber don in 2020.

Ansel Hazen
Guest
Ansel Hazen

We need to start acting like we (the ones with the several hundred million guns) are holding all the cards.

Because we are.

USA
Guest
USA

That is correct. Until the time of surrender or defeat patriots run the show. Trump pulled out of UN treaty to keep them on the defense for the civil war. He banned silencers and Trumpstocks due to the enemy will use them against us though still of little consequence ultimately. He is trying to level the playing field for the civil war both sides are steering us all towards. Civil war 2.0 2020 or sooner. The mess is far too big to clean up by any other process.

Joseph Kiesznoski
Guest
Joseph Kiesznoski

We must move foward and protect the 2nd .at all cost, Civil war is coming if the Nazi democrats have their Way, America first, Them. Last.

n r ringlee
Guest
n r ringlee

The right to keep and bear arms is deeply rooted in natural law. Natural law is the basis of our legal system and statutory law must defer to natural law. We defend our natural rights, those granted to us by our Creator. The primary duty of government is to defend those rights for individuals. Any government that violates that covenant is not legitimate and must be replaced. By any means necessary. WE are already in a civil war and have been for quite some time. Most are just waking up to that fact. When gun grabbers appear in your town… Read more »

Wild Bill
Guest
Wild Bill

@Gentlemen, The democrats can not start a lawn mower, much less a civil war. We just have to keep them out of elected office.

USA
Guest
USA

And I would like to add that when the left comes gunning they will kill their own like good communists so be advised and stand back so they can wipe each other out unobstructed. They are totally losing it here so I expect them to reach the boiling point before fall. (more like any moment) Local cops tell me the left has totally lost their minds to stay far away from them.

USA
Guest
USA

Federal patriots recently came through my area and hauled off most people here that were all cartel and it was a good thing because I was surrounded for the most part. Can breath a little now. They’re getting dragged off in broad daylight too. Shit is going down. I have Fed’s right here giving me the wave going by so obviously not all gov is against us. Some have our backs and we have theirs in the shit.

Mark Are
Guest
Mark Are

Where did this occur?

NoSir
Guest
NoSir

Sorry man but trumps bumpstock action isn’t the key to leveling anything. It’s a new precedent that a president can use chevron deference to declare anything a machine gun and effectively ban it. That door he opened is how they get the semi autos and anything else they want. No congress needed and no due process.

tomcat
Guest
tomcat

@ No Sir, Just think about your statement a minute. If you don’t vote for the “don” are you going to be pleasantly surprised when one of the democrat candidates get elected? I think not, because they are already promising to do away with the 2A and grab your guns. I agree, the lesser of two evils but we have to be very careful of what we deny.

Ej harbet
Guest
Ej harbet

If hillary became president the shooting would have ended 2 years ago and most of the socialists would be worm food.we’d be free.

Or whatever foreign troops she invited in would have killed most of us and chained the rest
Either way it’d be over