Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

NRA-ILA Executive Director Chris W. Cox's Letter to Members of Congress on H.R. 5175, the Disclose Act

Thursday, June 10, 2010

/media/PDFs/DiscloseAct52710.pdf

May 26, 2010

 

Dear Member of Congress:

 

I am writing to express the National Rifle Association's strong concerns with H.R. 5175, the DISCLOSE Act, as well as our opposition to this bill in its current form. It is our sincere hope that these concerns will be addressed as this legislation is considered by the full House.

 

Earlier this year, in Citizens United v. FEC, the Supreme Court struck down the ban on certain political speech by nonprofit membership associations such as the NRA. In an attempt to characterize that ruling as something other than a vindication of the free speech and associational rights of millions of individual American citizens, H.R. 5175 attempts to reverse that decision.

 

Under the First Amendment, as recognized in a long line of Supreme Court cases, citizens have the right to speak and associate privately and anonymously. H.R. 5175, however, would require the NRA to turn our membership and donor lists over to the government and to disclose top donors on political advertisements. The bill would empower the Federal Election Commission to require the NRA to reveal private, internal discussions with our four million members about political communications. This unnecessary and burdensome requirement would leave it in the hands of government officials to make a determination about the type and amount of speech that would trigger potential criminal penalties.

 

H.R. 5175 creates a series of byzantine disclosure requirements that have the obvious effect of intimidating speech. The bill, for example, requires "top-five funder" disclosures on TV ads that mention candidates for federal office from 90 days prior to a primary election through the general election; "top-two funder" disclosure on similar radio ads during that period; "significant funder" and "top-five funder" disclosures on similar mass mailings during that period; and "significant funder" disclosure for similar "robocalls" during that period. Internet communications are covered if placed for a fee on another website, such as the use of banner ads that mention candidates for federal office. Even worse, no exceptions are included for organizations communicating with their members. This is far worse than current law and would severely restrict the various ways that the NRA communicates with our members and like-minded individuals.

 

While there are some groups that have run ads and attempted to hide their identities, the NRA isn't one of them. The NRA has been in existence since 1871. Our four million members across the country contribute for the purpose of speaking during elections and participating in the political process. When the NRA runs ads, we clearly and proudly put our name on them. Indeed, that's what our members expect us to do. There is no reason to include the NRA in overly burdensome disclosure and reporting requirements that are supposedly aimed at so-called "shadow" groups.

 

On the issue of reporting requirements, the bill mandates that the NRA electronically file all reports with the FEC within 24 hours of each expenditure. Within 24 hours of FEC posting of the reports, the NRA would be required to put a hyperlink on our website to the exact page on which the reports appear on the FEC's website - and keep that link: active for at least one year following the date of the general election. Independent Expenditure reports would have to disclose all individuals who donate $600 or more to the NRA during the reporting period and Electioneering Communication reports would have to disclose all individuals who donate $1,000 or more to the NRA during the reporting period. There are literally thousands of NRA donors who would meet those thresholds, so these requirements would create a significant and unwarranted burden.

 

Some have argued that under the bill, all the NRA would have to do to avoid disclosing our $600 or $1,000 level donors is to create a "Campaign-Related Activity Account." Were we to set up such an account, however, we would be precluded from transferring more than $10,000 from our general treasury to the account; all individual donors to that account would have to specifically designate their contributions in that manner and would have to limit their contributions to $9,999; the burdensome disclosure requirements for ads, mailings and robocalls would still apply; and the NRA would be prohibited from spending money on election activity from any other source - including the NRA's Political Victory Fund (our PAC). In sum, this provision is completely unworkable.

 

Unfortunately, H.R. 5175 attacks nearly all of the NRA's political speech by creating an arbitrary patchwork of unprecedented reporting and disclosure requirements. Under the bill, the NRA would have to track the political priorities of each of our individual members - all four million of them. The cost of complying with these requirements would be immense and significantly restrict our ability to speak.

 

As noted above, there is no legitimate reason to include the NRA in H.R. 5175's overly burdensome disclosure and reporting requirements. Therefore, we will continue to work with members from both parties to address these issues. Should our concerns not be resolved - and to date, they have not been - the NRA will have no choice but to oppose passage of this legislation.

 

Sincerely,

 

Chris W. Cox

Executive Director

 

IN THIS ARTICLE
Campaign Finance Reform
TRENDING NOW
Kentucky: Committee to Consider Firearm Seizures Without Due Process

Friday, November 15, 2019

Kentucky: Committee to Consider Firearm Seizures Without Due Process

On Friday, November 22nd, the Kentucky state Interim Joint Committee on Judiciary will consider so called “red-flag laws.” Though no legislation has been introduced, such laws usually allow for Second Amendment rights to be suspended ...

Joe Biden and His Gift for Gaffes

News  

Monday, November 18, 2019

Joe Biden and His Gift for Gaffes

When the Democrats who are seeking their party’s nomination to run against Donald Trump in 2020 start talking about guns, anyone who supports our right to keep and bear arms knows to be concerned. Of ...

A New Candidate for Confiscator-in-Chief

News  

Monday, November 11, 2019

A New Candidate for Confiscator-in-Chief

Former Texas Congressman Robert Francis O’Rourke abandoned his run for President last week, once again leaving a void for the most strident anti-gun candidate seeking the Democrat nomination. Even before declaring his candidacy for President, ...

Strong Firearms Preemption Laws are More Important Than Ever

News  

Gun Laws  

Monday, November 11, 2019

Strong Firearms Preemption Laws are More Important Than Ever

Photo Courtesy of Jeremy Tremp In recent weeks, gun owners have been given two prime examples of just how important strong firearms preemption laws are to the vibrant exercise of Second Amendment rights. On October ...

Guide To The Interstate Transportation Of Firearms

Gun Laws  

Thursday, January 1, 2015

Guide To The Interstate Transportation Of Firearms

CAUTION: Federal and state firearms laws are subject to frequent change. This summary is not to be considered as legal advice or a restatement of law.

No Protection for the Law that Protects the Firearm Industry: Supreme Court Passes on PLCAA Case

News  

Monday, November 18, 2019

No Protection for the Law that Protects the Firearm Industry: Supreme Court Passes on PLCAA Case

A law designed to protect the firearm industry from frivolous litigation is now in jeopardy thanks to inaction by the U.S. Supreme Court, which earlier this month passed on a petition to review a case ...

Sanders Burns the 2020 Democratic Primary Gun Control Agenda

News  

Monday, November 18, 2019

Sanders Burns the 2020 Democratic Primary Gun Control Agenda

As anti-gun as the 2020 Democratic presidential contenders have exposed themselves to be, much of the field still gives lip-service to the Second Amendment and the Constitution. Take for instance Joe Biden. The leading candidate’s campaign has said that ...

National Hearing Conservation Association Supports Suppressors

News  

Monday, November 4, 2019

National Hearing Conservation Association Supports Suppressors

Photo Courtesy of Silencer Shop On October 28th, the National Hearing Conservation Association sent its new position paper on firearms suppressors to the American Suppressor Association. The paper, in short, recognizes the important role that ...

Nevada: Gov. Sisolak Signs Anti-Gun Bill

Friday, June 14, 2019

Nevada: Gov. Sisolak Signs Anti-Gun Bill

Ignoring the constitutional rights of law-abiding Nevadans, on June 14th, Governor Steve Sisolak signed omnibus anti-gun Assembly Bill 291 into law.  Your NRA would like to thank the many lawmakers who stood with our members and ...

Wisconsin: Gov. Evers Calls for Firearm Confiscation & Criminalizing Private Transfers

Friday, September 20, 2019

Wisconsin: Gov. Evers Calls for Firearm Confiscation & Criminalizing Private Transfers

On September 19th, Wisconsin Governor Tony Evers, Attorney General Josh Kaul, Representative Melissa Sargent (D-48), and Senator Lena Taylor (D-4) held a press conference calling on the Legislature to violate the Second Amendment by: 1) ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.