Anti-Gunners Hail Gun Control Legislation Targeting Online Ammo Sales

Anti-Gunners Hail Gun Control Legislation Targeting Online Ammo Sales (Dave Workman photo)

U.S.A.-(AmmoLand.com)- Federal legislation introduced in September by perennial anti-gun U.S. Senators Dianne Feinstein (D-CA) and Bob Menendez (D-NJ) may not have a chance in Congress right now, but it may be a warm-up effort that is already being hailed by the gun prohibition lobby as a way to place restrictions on perfectly-legal businesses, and even publications, that deal with or discuss on-line firearm and ammunition sales.

Their S. 4718 is a short bill, but it could have far-reaching consequences, depending upon how it is implemented.

Here is the full language:

“To amend title 18, United States Code, to make fraudulent dealings in firearms and ammunition unlawful, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the “Stopping the Fraudulent Sales of Firearms Act”.

SEC. 2. FRAUDULENT DEALINGS IN FIREARMS.

(a) In General.—Section 922(a) of title 18, United States Code, is amended—

(1) in paragraph (9), by striking the period and at the end and inserting “; and”; and

(2) by adding at the end the following:

“(10) for any person—

“(A) to import, manufacture, or sell a firearm or ammunition by means of false or fraudulent pretenses, representations, or promises; and

“(B) to transmit or cause to be transmitted, by means of wire, radio, or television communication in interstate or foreign commerce, any communication relating to the importation, manufacture, or sale described in subparagraph (A).”.

(b) Penalty.—Section 924(a)(1)(B) of title 18, United States Code, is amended by inserting “(a)(10),” before “(f)”.”

According to Lawrence Keane, senior vice president and general counsel at the National Shooting Sports Foundation, S. 4718 is bad news, something akin to the proverbial “camel’s nose under the tent.”

“This is an attempt to weaponize the Soto decision,” Keane said, “to turn truthful advertising gun control groups don’t like into a crime and a basis for ATF to revoke licenses. It is designed to and would chill First Amendment protected commercial speech pertaining to the lawful commerce in firearms and ammunition products and create a basis for suing industry members gutting the PLCAA.”

Keane was referring to Soto v. Bushmaster Firearms, a Connecticut case involving the lawsuit against Bushmaster by the survivors of Sandy Hook victims. In 2019, the Connecticut Supreme Court ruled that Sandy Hook families could pursue legal action against Bushmaster, which manufactured the rifle used by mass killer Adam Lanza to murder 26 people at Sandy Hook Elementary in 2012.

The PLCAA is the Protection of Lawful Commerce in Arms Act of 2005, passed by Congress to prohibit junk lawsuits against firearms manufacturers, distributors and retailers for the misuse of their products.

In a press release announcing their joint legislation, Feinstein asserted, “While some technology companies have banned selling firearms and ammunition on their websites, the problem persists. Our bill would make it illegal for gun sellers to circumvent websites’ terms of service and continue the underground proliferation of firearms. It’s part of a larger effort that needs to be taken to stop the plague of gun violence in our communities.”

Critics contend the language of this legislation will make it possible criminalize any online advertising for firearms or ammunition, a common practice in today’s business environment. Major firms or online publications such as Brownells, Bass Pro, Cabela’s, Sportsman’s Guide and even AmmoLand News could be targeted.

The gun prohibition lobby has been quick to support the measure. They were quoted news releases from both Feinstein and Menendez.

“Internet marketplaces like Facebook are the virtual dark alley where unscrupulous gun sellers go to meet dangerous individuals who are trying to get their hands on a firearm,” said John Feinblatt, President of Everytown for Gun Safety. “Stopping these illegal sales would save lives, and we applaud Senator Feinstein for introducing legislation to do exactly that.”

“Overwhelming majorities of Americans support policies that ensure that individuals who should not possess firearms are not able to purchase them, including online,” said Kris Brown, President of Brady. “Brady is grateful to Senators Feinstein and Menendez for addressing a dangerous practice of falsely advertising firearm sales online. Such sales are designed to circumvent the regulations that help keep our families and communities safe. This is a common-sense fix to a growing problem that applies the spirit of our nation’s existing gun safety laws to novel, 21st century issues.”

While The Feinstein-Menendez legislation may get no traction this year, its introduction could be a test to see what chances it might have in a future Democrat-controlled Congress, with a Democrat in the White House willing to sign such a bill.

Companion legislation was introduced Oct. 5 by Congresswoman Mary Gay Scanlon (D-PA). She, Feinstein and Menendez cranked out boilerplate comments essentially demonizing the firearms industry, and they all appeared to be remarkably similar.

“The fact is, no matter how many times big tech companies claim they’re cracking down on illegal online firearm sales, determined gun sellers and buyers find new ways to get around it,” Sen. Menendez asserted. “With this bill, we are making very clear to gun sellers who are caught illegally moving their weapons online: if you make the sale, you will pay the price.”

“We hear time and time again from big tech companies that they are cracking down on illegal, online gun sales, yet this problem persists, and has extended far beyond traditional websites and is now present on social media platforms,” Congresswoman Scanlon echoed. This bill would make it illegal for gun sellers to circumvent websites’ terms of service and continue the underground proliferation of firearms. It’s part of a larger effort that needs to be taken to stop the plague of gun violence in our communities.”

Feinstein’s remark appears cut-and-pasted out of the same playbook: “While some technology companies have banned selling firearms and ammunition on their websites, the problem persists. Our bill would make it illegal for gun sellers to circumvent websites’ terms of service and continue the underground proliferation of firearms. It’s part of a larger effort that needs to be taken to stop the plague of gun violence in our communities.”

 


About Dave Workman

Dave Workman is a senior editor at TheGunMag.com and Liberty Park Press, author of multiple books on the Right to Keep & Bear Arms and formerly an NRA-certified firearms instructor.

Dave Workman

Dave Workman
16 Comments
Most Voted
Newest Oldest
Inline Feedbacks
View all comments
Cruiser

They are no longer after just the second amendment, they want the first amendment also.

We need to remove these dangerous people from our government,
they are the real reason violence is out of control.

SHAME ON EVERY GUN OWNER WHO VOTES DEMOCRAT!
If you want to make a difference, vote straight party Republican.
Time to “circle the wagons.”

Last edited 3 years ago by Cruiser
jmb1911

Mr.Workman, Thank you for this information and another very well written informative article. Both these Senators have been anti gun. This will hurt legitimate businesses that sell ammunition on line and will not deter or stop anyone who is prohibited by law to purchase ammunition. The anti gun groups will do anything to further erode a God Given Constitutional Right . Nothing the anti gun groups or pols do to “enhance” what they claim or call gun safety, doesn’t do anything directed at the criminal misuse of buying ammunition on line. With all the rioting, looting, and other unrest happening… Read more »

MICHAEL J

Beware, California has already enacted ammunition background checks which literally gives the state control of most sources of ammo supply. By severely restricting all forms of purchasing including the internet, this limits all residents to what’s available at local businesses. These restrictions coupled with the already short supply put California residents at a distinct disadvantage to other “free states” to exercise any 2nd Amendment rights. Feinstein just happens to be the senile senator from California who wants to impose her will to the rest of the nation.

Arizona

Feinstein will soon go the way of RBG. Good riddance,

This bill is DOA as well, so long as Trump is president.

Jaque

Babs and her comrads are red to the bone. Long ago Americas national pastime in SE Asia was killing communists. Today communists are lawmakers and dragging America straight to hell. A Trump win is only a delaying action to an inevitable communist state. And this is why we must never surrender our arms to anyone, politicians, lawmakers and their KGB. It is why the 2nd Amendment was written- To fight tyranny.

JPM

Anything they can do to limit access to firearms they will undertake. The main reason isn’t public safety, it’s because they fear that there will come a time when an American Patriot or Patriots will do to them what the Founding Fathers rightly did to the British oppressors using firearms.

Ron from Auburn

Ammunition restrictions are defacto gun control. If I recall there has been some precedent on this. Regardless, if Trump loses the left will pack the court and rule against the 2a at every opportunity. VOTE!

loveaduck

What effing fools!

GomeznSA

As usual the hard core anti-gun crowd uses fear and false hoods to try to further their agenda. Case in point is menendez making unsubstantiated claims of ‘underground weapons proliferation’. Unfortunately too many sheeple suck up such trash like a vacuum – and believe it without verification. He knows this and will continue to spew such non-factual garbage. Our only hope is to continue to show facts and truth – and for those who are misinformed to find out what reality is – like multitudes did when they found out that you really cannot order a gun on the internet… Read more »

Tionico

DieFie and her idiot sidekick fail to comprehend that when I order a firearm from some source online, it CANNOT be shipped directl to ME< but ONLY to a Federal Firearms Licensee who MUST conduct the background check through NICS just as if I had bought that same gun out of HIS inventory.. because first he MUST enter it into his “Bound Book” of firearms in HIS inventiry. So in reality I am not purchasing idirectly from the seller online, but from my local FFL, because before I get MY hands on it, it becomes part of HIS inventory. Its… Read more »

Tionico

MusicMan, term limits will NOT fix the problem. When DieFie gets termed out, the idiot corrupt voters in her district will simply find the rough equivalent and float THAT one out to be voted on by just enough mindless dweebs and eead people to infest Congress for the term limited number of years, and the beat goes on. Lazy ignorant uninvolved citiizens are the problem, and term limits won’t fix that. On the flip side, if we’d had term limits the good people who have been woarking hard to keep things right would have been gone long before they ever… Read more »

StLPro2A

WTF??? Ammoland has become the Facebook/Twit of Conservative/gun sites??? Took 15 days to”approve”and post my comment below. Who made Ammoland/Workman the arbiter of free speech? If I wanted to be censored, I’d post on Facebook or Twitville. Anyone else being “approved” this way? WTF????

StLPro2A

In 1958. the late Col Jeff Cooper, handgun expert and founder of Gunsite Academy, stated, “Killing is a matter of will, not weapons. You cannot control the act itself by passing laws about the means employed.” A politician with a law never stops a bad guy with a gun. He only controls the good guys which is his true agenda. A legislator with a bill is far more dangerous to the populace as a whole than a citizen….good or bad….with a gun.  The bad guy with a gun poses short term danger….the worst damage he poses is loss of one or… Read more »

Last edited 3 years ago by StLPro2A