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You might recall an earlier blog about Senator Ernst and the VAWA.  The “Red Flag” provisions have been removed.  It turns out due process still has some life in this country.  This is fantastic.  Kudos to Senator Ernst and others for removing those components from VAWA’s reauthorization.  Thank you!  However…

As I was reviewing the latest (text) draft of VAWA forwarded to me, I noticed sections 1101 and 1102 (HR1620 earlier version section labeled 1201 and 1202) not only remain but were made worse.  HERE is a link to the current version of the Bill with a pdf copy at the bottom of this blog.  FBI, themselves, mentions they have a 90% incorrect NICS denial rate, and John Lott has that number closer to 99%.  Sending FBI, or newly federally deputized officials AKA local Peace Officers (made possible through section 1103), out to investigate their American neighbors on FBI’s own mistakes is a tremendous waste of resources and tax dollars.  These investigations will not be welcomed by Americans, nor should they be, when law-abiding Americans have already submitted to a Federal Government agency’s process in the form of an ATF 4473 form.  I own a company with an FFL (Federal Firearms License) and we do not see people attempt to fill out an ATF Form 4473 to buy guns when they know they’re prohibited.  This is an attempt to fix a problem that doesn’t exist, and as usual, the people who will be burdened will be the law-abiding among us.

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This isn’t good governance.  If you think cancel-culture is bad, try the decline of your public standing after being federally investigated by a local Peace Officer for nothing more than following ATF’s rules.  …And we’re going to move forward with this legislation knowing 90%+ of these future investigations aren’t warranted before we begin them?  Whatever happened to “first, do no harm” in our construction of the law?

Secondly, section 1103 (HR1620 earlier version section labeled section 1203) deputizes local Peace Officers and Prosecutors under federal auspices, only creating larger government while superseding the wishes and authority of the State and local bodies employing and directly supervising them.  This direction and the eventual result will hand over more federal control when the American public vastly prefers less of it.  Want proof?  As of today, 36 of 99 Iowa Counties have asserted 2A Sanctuary Status specifically to stop this kind of nonsense from coming into their communities in the last year alone. Under this legislative paradigm the Federal Government might enjoy minuscule victories fewer than 10% of the time, the local Law Enforcement & Prosecutors will get egg on their face 90% of the time, waste their time and assets, and the Americans getting investigated will enjoy their reputations plummet, all while paying for this grotesque privilege in the form of tax dollars.

Americans, Iowans, and the Iowa Firearms Coalition membership, certainly do not support more federalization, all while the provisions we’re mentioning here do that specifically, and almost recklessly.  This is both troubling and disappointing.  We cannot support Senator Ernst’s current version of VAWA.  Our Senators need to strike sections 1101, 1102, and 1103 or scrap the VAWA reauthorization itself.

Michael Ware – IFC Board

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PDF Copy of S.3623 – 117th Congress (reauthorization of VAWA 1994)

VISIT IOWA FIREARMS COALITION!

(Thanks to Aidan Johnston and the folks with Gun Owners of America for the research and links, and John Crump for additional help and context.  They both have been instrumental in deciphering and following the VAWA considerations.)

Citations:

https://crimeresearch.org/wp-content/uploads/2017/03/DOJ-IG-Audit-of-the-handling-of-firearm-purchase-denials-through-NICS.pdf

FBI Admits It Is Often Wrong on Gun Related Background Check Denials – ammoland.com article

https://crimeresearch.org/2014/12/cprc-in-the-associated-press-on-background-checks/

https://www.ojp.gov/pdffiles1/bjs/grants/234173.pdf

https://www.ojp.gov/pdffiles1/bjs/grants/239272.pdf

https://www.washingtonpost.com/blogs/fact-checker/post/the-claim-that-the-brady-law-prevented-15-million-people-from-buying-a-firearm/2013/01/23/77a8c1d4-65b4-11e2-9e1b-07db1d2ccd5b_blog.html?utm_term=.61cf7139af5c

https://www.gao.gov/assets/gao-18-440.pdf

https://www.nssf.org/wp-content/uploads/2021/03/NSSF-Factsheet-NICS-Delays.pdf

https://www.gao.gov/assets/gao-18-440.pdf

https://bjs.ojp.gov/content/pub/pdf/suficspi16.pdf

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1 COMMENT

  1. VAWA is repugnant to the Constitution and should be null and void. Due process is given lip service and turns the notion of “innocent until proven guilty” into “probably guilty until proven innocent”.
    The problem with RINOs is that they think they can legislate We The People towards a more perfect union, instead of focusing on prizing our liberties and maintaining our unalienable rights.

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