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Outrage of the Week: Illinois Sen. Dick Durbin Blocks Efforts to Restore Rights to Veterans

Friday, May 20, 2016

Outrage of the Week: Illinois Sen. Dick Durbin Blocks Efforts to Restore Rights to Veterans

We have long reported on the Department of Veterans Affairs’ (VA) scandalous practice of reporting to the FBI’s National Instant Criminal Background Check System (NICS)  any VA beneficiary who has had a “fiduciary” appointed to help the individual manage his or her benefits. Sen. Chuck Grassley (R-IA) has shown strong leadership in opposing this unjustified practice and tried to offer an amendment this week to the Military Construction and Veterans Affairs Appropriations Bill that would prevent such reporting without an adjudication of dangerousness. Incredibly, anti-gun Democrats, lead by Illinois Senator Dick Durbin, blocked consideration of the amendment, arguing it was better to over-report those who pose no danger  rather than risk not reporting someone who was mentally ill. 

According to an account in Congressional Quarterly, Durbin acknowledged that the current VA system likely leads to over-reporting. But Durbin called Grassley’s amendment “dangerous,” the article noted, because of his own estimate that some 8% of the 177,000 people VA has reported had been diagnosed with “serious mental illness.” This prompted Sen. Grassley to retort, “Shame on you,” before yielding the floor.

Shame, indeed. Even according to Durbin’s own figures, nearly 92% of the individuals reported by VA have not even been found seriously mentally ill, must less proven dangerous. Sen. Grassley’s amendment, moreover, would not prevent the reporting of individuals whose mental conditions rendered them a danger to self or others. It would simply require that fact to have been established by an adjudicative authority in a formal proceeding. Under the current VA reporting regime, the only threshold required for a veteran or a member of a veteran’s family to lose his or her Second Amendment rights, presumptively for life, is a bureaucratic decision that the individual is incompetent to manage his or her finances.

A fundamental pillar of America’s constitutional system is due process, the idea that government cannot take away life, liberty, or property without sufficient justification established in a formal proceeding in which the accused has a right to present his or her own case. The VA proceeding that is causing veterans and their families to lose the right to keep and bear arms not only lacks important elements of due process, it doesn’t even consider the person’s ability to safely and responsibly possess firearms. Financial acumen or wherewithal is not a sufficient, or even rational, basis for the government to deprive someone of the right to arms, certainly not someone who has served under arms in defense of his or her country!

Durbin’s move shows very clearly that he and likeminded anti-gunners aren’t concerned about public safety. They are simply concerned with reducing the private ownership of firearms by any means necessary. That they would deliberately target America’s veterans through the very agency that is supposed to support them for service-related illnesses and disabilities is perhaps the lowest expression of anti-gun bigotry.

Sen. Grassley has not given up on correcting this rank injustice, and he may try to offer his amendment again at an opportune time. Meanwhile, we can only repeat what Sen. Grassley said on the Senate Floor. Shame on you, Dick Durbin. Shame on you!

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Oregon: Governor Signs Anti-Gun Bill into Law

Thursday, August 17, 2017

Oregon: Governor Signs Anti-Gun Bill into Law

Yesterday, Governor Kate Brown signed Senate Bill 719A.  Based on a California law enacted in 2014, SB 719A will create a so-called “Extreme Risk Protection Order” (ERPO) that could be obtained by a law enforcement ...

Washington: Department of Labor & Industries Targeting Shooting Ranges

Thursday, August 17, 2017

Washington: Department of Labor & Industries Targeting Shooting Ranges

At the request of Public Health, Seattle & King County, the Washington Department of Labor and Industries has released a “first draft” of a new statewide regulatory scheme targeting lead and lead exposure in the workplace. ...

Justice Department Terminates and Repudiates Operation Chokepoint

News  

Friday, August 18, 2017

Justice Department Terminates and Repudiates Operation Chokepoint

Current Justice Department leadership and Boyd should be commended for their forceful statement on this matter. This unequivocal repudiation of Operation Chokepoint should make a return to such political persecution unpalatable for all but the ...

Stossel Report Reinforces Urgent Need for Congressional Action

Second Amendment  

Gun Laws  

News  

Friday, August 11, 2017

Stossel Report Reinforces Urgent Need for Congressional Action

Award-winning journalist John Stossel published a report this week that provides a timely reminder that – nearly a decade after the Supreme Court’s landmark ruling in District of Columbia v. Heller – law abiding gun ...

California: 2017 Legislative Session Reconvenes on Monday

Thursday, August 17, 2017

California: 2017 Legislative Session Reconvenes on Monday

On Monday, August 21, the California Legislature will reconvene from Summer recess.  Below is the status on the firearm-related bills still moving through the legislative process.  Please send an email to your state legislators respectfully urging ...

Elizabeth Warren Urges Democrats to Champion Gun Control, Shut Down Debate

News  

Friday, August 18, 2017

Elizabeth Warren Urges Democrats to Champion Gun Control, Shut Down Debate

Just as many in the Democratic Party are seeking to moderate their message in order to once again compete as a national political party, some high-profile Democrats are urging the party to lurch further left ...

First, Carry No Gun: Police Chief Gets Inhospitable Reception at Texas Medical Clinic

News  

Friday, August 18, 2017

First, Carry No Gun: Police Chief Gets Inhospitable Reception at Texas Medical Clinic

We recently reported on claims that “gun safety advocates” in the Michigan Department of Health and Human Services have given a U.S. Marine Corps. veteran an untenable choice: custody of his grandson or his constitutional ...

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.

Arizona Supreme Court Rebuffs Tucson’s Illegal Destruction of Firearms

News  

Thursday, August 17, 2017

Arizona Supreme Court Rebuffs Tucson’s Illegal Destruction of Firearms

On Thursday, the Arizona Supreme Court unanimously held that the state was within its authority to prohibit cities and counties from routinely destroying firearms obtained through forfeiture or as unclaimed property. State law holds that ...

Czechs File Suit Challenging EU Gun Controls

News  

Second Amendment  

Friday, August 11, 2017

Czechs File Suit Challenging EU Gun Controls

This week, the Czech Republic made good on their promise to pursue a legal challenge to the European Union’s (EU) onerous new changes to the European Firearms Directive.

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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.