Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

Senate Judiciary Committee Holds Hearing on Schumer Registration and Rights Denial Bill

Friday, November 18, 2011

On Tuesday November 16, the Senate Judiciary Committee’s Subcommittee on Crime and Terrorism held a hearing on Sen. Charles Schumer’s (D-N.Y.) S. 436.  Dubbed by anti-gunners the “Fix Gun Checks Act,” rather than “fix” the current National Instant Criminal Background Check System, the legislation would eliminate private sales and gun shows as we know them and expand the range of persons prohibited from owning firearms.

For much of the hearing, Sen. Schumer and his witnesses, including Mayor Michael Bloomberg’s Chief Advisor for Policy and Strategic Planning John Feinblatt, were reluctant to touch upon the drastic changes to federal gun laws contained in the bill. Instead, they pretended that the bill would ensure that states and federal agencies provide more accurate information to the NICS database.

Shredding through this misrepresentation of the bill was Second Amendment scholar Prof. David Kopel of the University of Denver Sturm College of Law.

Kopel first noted that S. 436 would require a background check for all firearm transfers. However, the overly broad wording of the bill would not only eliminate private sales and much of the lawful activity at gun shows, but as Kopel explained, could also extend the transfer requirement to situations such as letting a friend use your firearm at a range, sharing a firearm for self-defense or conducting a safety class in which students handle a firearm.

More insidious, a requirement for background checks for all firearm transfers would result in a system of gun registration, as the federal government would have access to information on all firearm sales. In his written testimony, Kopel noted that Congress has repeatedly rejected firearm registration and pointed out that federal law bars “any system of registration of firearms, firearms owners, or firearms transactions or dispositions.”

Kopel also testified that the bill has several provisions which violate the Fifth Amendment’s guarantee that no person is to “be deprived of life, liberty, or property, without due process of law.” The bill would require that firearm purchasers be denied for “an arrest for the use or possession of a controlled substance within the past five years.” Kopel points out that a mere arrest is not sufficient to bar someone of a constitutionally protected right, explaining that under the bill, a person who was arrested erroneously or arrested and subsequently found not guilty by a jury of his peers would still be barred from possessing a firearm.

Kopel further pointed out a provision of the bill that would ban gun possession by a person who has been ordered by a “lawful authority” to receive counseling. This could include a person whose employer or school administrator orders him to receive counseling as a condition of further employment or enrollment, regardless of the outcome of such counseling. An example, Kopel explained, could be a police officer ordered to receive counseling after using a firearm in the line of duty.

Kopel’s defense of the Fifth Amendment led to a spirited exchange with Sen. Schumer as to the contents of his own bill. Kopel repeatedly corrected the Senator as to the power to strip gun rights the bill would grant to school administrators and other “lawful authorities,” explaining to Sen. Schumer the exact page and line number where the provision could be found. After several denials by Sen. Schumer that the provision would grant this power, Kopel suggested that the senator redraft the text of the bill if it did not reflect his intent. 

As a practical matter, Sen. Jeff Sessions (R-Ala.) questioned witness David Cuthbertson of the FBI’s Criminal Justice Information Services Division on the completeness of felony conviction records being provided to the NICS database.  The exchange revealed that only 50 percent of arrest dispositions end up in the federal database. Sen. Sessions went on to infer that it should be of a higher priority that accurate data on convicted felons be available to NICS, explaining that there are already gun laws on the books that should be effectively enforced before the Congress contemplates additional restrictions on a constitutional right. 

Appropriately, Sen. Charles Grassley (R-Iowa) spoke on a bill that actually would fix the current system of gun checks-S. 1707, the “Veteran’s Second Amendment Protection Act.”  The legislation, as Sen. Grassley noted, would correct the injustice where thousands of veterans, who had been entrusted by the federal government with firearms to defend the United States, have been barred from exercising their Second Amendment rights for simply being assigned a fiduciary to manage their finances. The House has already passed such legislation as an amendment to H.R. 2349 and Grassley expressed his hope that the issue will soon be taken up in the Senate.

The NRA-ILA will continue to monitor developments with S. 436 and help make sure this legislation never becomes law.

To watch the video of the hearing, please go to:  http://www.judiciary.senate.gov/hearings/hearing.cfm?id=9b6937d5e931a0b792d258d9b33d0484

Click Here to read more on S. 436.

TRENDING NOW
Virginia: Gun Bill Updates As Crossover Deadline Arrives

Tuesday, February 17, 2026

Virginia: Gun Bill Updates As Crossover Deadline Arrives

Today, February 17th is the legislative crossover deadline in Virginia, and any bills that have not left their chamber of origin by the end of the day are considered dead for the session.

VA Announces End To Policy that Strips the Second Amendment Rights of Veterans

News  

Tuesday, February 17, 2026

VA Announces End To Policy that Strips the Second Amendment Rights of Veterans

Today, the Department of Veterans Affairs (VA) announced that the VA will no longer report veterans to the FBI’s National Instant Criminal Background Check System (NICS) solely because they have been assigned a fiduciary to assist them ...

New Mexico Legislature Adjourns!

Thursday, February 19, 2026

New Mexico Legislature Adjourns!

Today at noon, the New Mexico legislature adjourned sine die from the 2026 legislative session. Despite efforts by anti-gun advocates, Second Amendment supporters were able to engage and help prevent two radical anti-gun proposals from ...

Oregon: Legal and Policy Concerns Ignored as Ballot Measure 114 Implementation Bill Advances

Tuesday, February 17, 2026

Oregon: Legal and Policy Concerns Ignored as Ballot Measure 114 Implementation Bill Advances

Yesterday, the House Judiciary Committee held a work session to “fix” the extremely flawed gun control Ballot Measure 114, where it was advanced out of the committee. 

Virginia Gun Owners Face Magazine Confiscation!

Monday, February 2, 2026

Virginia Gun Owners Face Magazine Confiscation!

Astute Virginia gun owners anticipated terrible gun control legislation from the 2026 General Assembly. Still, some may be shocked to learn that anti-rights zealots in the Virginia Senate have advanced a bill to CONFISCATE standard capacity firearm ...

New Mexico: Anti-Gun Bills Heard in Committee

Tuesday, February 17, 2026

New Mexico: Anti-Gun Bills Heard in Committee

Today, Senate Bill 17, the omnibus gun control bill, was heard in the House Judiciary Committee and Senate Bill 261, expanding gun free zones around ballot drop boxes and polling places, was heard in the House Government ...

North Carolina: Permitless Carry Veto Override Vote Postponed

Tuesday, January 13, 2026

North Carolina: Permitless Carry Veto Override Vote Postponed

Today, the North Carolina House of Representatives rescheduled this morning’s veto override on Senate Bill 50, Freedom to Carry NC, to February 9, 2026.

News  

Thursday, January 24, 2013

Mental Health and Firearms

Since 1966, the National Rifle Association has urged the federal government to address the problem of mental illness and violence. As we noted then, “the time is at hand to seek means by which society ...

Minnesota: Hearing on Semi-Auto and Magazine Bans Next Week

Friday, February 20, 2026

Minnesota: Hearing on Semi-Auto and Magazine Bans Next Week

On Tuesday, February 24th, the House Public Safety Finance and Policy committee will hold a hearing on two all-encompassing ban bills, House File 3433 and House File 3402

“Violence Interrupters” Demonstrate Wishful Thinking is Not Crime Control

News  

Tuesday, February 17, 2026

“Violence Interrupters” Demonstrate Wishful Thinking is Not Crime Control

Not too long ago, Illinois Governor JB Pritzker dismissed President Donald Trump’s assessment of over-the-top violent crime in Chicago as being rooted in “lies,” saying that “civilian law enforcement is how you fight crime,” and “[w]e’ve got ...

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.