Archive for November 14th, 2009

More on obamacare: devils in the details

November 14, 2009

What a whopper… The obamanure that is the so called health care reform bill will bust the nation into pieces. Talk about a humpty dumty situation. As always, the Patriot Post provides us with a solid analysis.

Saturday Night Special

“Woohoo — I’m close to controlling your health care!”

The Constitution took a beating Saturday night when the House passed its 2,000-page version of ObamaCare by a 220-215 vote. Only one Republican, Joseph Cao of New Orleans, voted for the $1 trillion bill, while 39 Democrats voted against it. But Speaker Nancy Pelosi (D-CA) didn’t dwell on the bipartisan opposition to this legislative disgrace, instead saying, “We’re glad to take responsibility for this bill. And the credit.” Famous last words?

Perhaps. Pelosi has reportedly informed fellow Democrats that she is willing to lose seats in 2010 to get health care “reform” passed. And why not? As Wall Street Journal columnist James Taranto quipped, “At 69, Pelosi stands a good chance of facing a death panel before she leads a majority of this size again.”

ObamaCare’s prospects are uncertain in the Senate, where several Democrats have announced their opposition. Majority Leader Harry Reid (D-NV) is possibly the most vulnerable Democrat in 2010 and may not be crazy about hanging this albatross around his neck. Still, we’re not hopeful that the Senate will refrain from passing something dreadful, if only less so than the House version.

As we noted Tuesday, part of the blame for passage falls on pro-life groups for forcing Republicans to vote for an amendment prohibiting funding of abortions via the “public option.” The intent was good, but ironically, the absence of the amendment might have brought the bill down to defeat. And it was likely a hollow victory anyway, as House Energy and Commerce Chairman Henry Waxman (D-CA) says there is “no guarantee” the amendment will survive.

In fact, the real “right to life” issue is that every medical decision may soon be subject to both political and budgetary considerations. What ever happened to the old liberal slogan, “Keep your laws off my body”?

Furthermore, the bill raises a tax issue. Capital gains taxes will rise from 15 percent to 20 percent when the Bush tax cuts expire in January 2011, and the Democrats’ bill raises them again to 25.4 percent with a surtax. That’s a 69 percent increase, the result of which will be less investment, lower stock prices, economic turmoil and a drop in tax revenue. Of course, revenue is one of the gimmicks in the bill — the Senate bill counts on 10 years of new taxes to pay for just seven years of spending. And it includes a government-run long-term insurance program that begins collecting premiums in 2011 but waits until 2016 to pay benefits.

One other notable stinker is a tort provision that gives “incentive payments” to states that come up with “alternative medical liability law” that encourages “fair resolution” of disputes and “maintains access to affordable liability insurance.” The catch is that states can’t “limit attorneys’ fees or impose caps on damages.” DNC Chair Howard Dean was right: Democrats don’t have the guts to stand up to their ambulance-chasing sugar daddies.

Meanwhile, some 11 amendments requiring members of Congress to be enrolled in the public plan were rejected by Democrats. What’s good for the goose is apparently not so appealing to the gander.

And so the unconstitutional attempted takeover of one-sixth of the U.S. economy marches on.

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Posted in Economics, Editorial, Opinion, Education, Gun Control, Hoplophobia, Immigration, Law, Politics, Wordpress Political Blogs | 1 Comment »

Support BATFE Reform Bills S. 941 And H.R. 2296

November 14, 2009

As we’ve been reporting for months, Senator Mike Crapo (R-Idaho) and Senate Judiciary Committee Chairman Patrick Leahy (D-Vt.) have introduced S. 941, the “Bureau of Alcohol, Tobacco, Firearms and Explosives Reform and Firearms Modernization Act of 2009” in the U.S. Senate.  Representatives Steve King (R-Iowa) and Zack Space (D-Ohio) have introduced a companion bill—H.R. 2296—in the U.S. House.  The bills would roll back unnecessary restrictions, correct errors, and codify longstanding congressional policies in the firearms arena.  These bipartisan bills are a vital step to modernize and improve BATFE operations.

Of highest importance, S. 941and H.R. 2296 totally rewrite the system of administrative penalties for licensed dealers, manufacturers and importers of firearms. Currently, for most violations, BATFE can only give a federal firearms license (FFL) holder a warning, or revoke his license.

S. 941 and H.R. 2296 would allow fines or license suspensions for less serious violations, while still allowing license revocation for the kind of serious violations that would block an investigation or put guns in the hands of criminals. This will help prevent the all-too-common situations where BATFE has revoked licenses for insignificant technical violations—such as improper use of abbreviations or filing records in the wrong order.

Among its other provisions, S. 941 and H.R. 2296 would:

·  Clarify the standard for “willful” violations—allowing penalties for intentional, purposeful violations of the law, but not for simple paperwork mistakes.

·  Improve the process for imposing penalties, notably by allowing FFLs to appeal BATFE penalties to a neutral administrative law judge, rather than to an employee of BATFE itself.

·  Allow a licensee a period of time to liquidate inventory when he goes out of business. During this period, all firearms sold would be subject to a background check by the National Instant Criminal Background Check System.

·  Allow a grace period for people taking over an existing firearms business to correct problems in the business’s records—so if a person inherited a family gun store (for example), the new owner couldn’t be punished for the previous owner’s recordkeeping violations.

·  Reform the procedures for consideration of federal firearms license applications. Under S. 941, denial of an application would require notification to the applicant, complete with reasons for the denial. Additionally, an applicant would be allowed to provide supplemental information and to have a hearing on the application.

·  Require BATFE to establish clear investigative guidelines.

·  Clarify the licensing requirement for gunsmiths, distinguishing between repair and other gunsmith work and manufacture of a firearm. This would stop BATFE from arguing that minor gunsmithing or refinishing activities require a manufacturers’ license.

·  Eliminate a provision of the Youth Handgun Safety Act that requires those under 18 to have written permission to use a handgun for lawful purposes (such as competitive shooting or safety training)—even when the parent or guardian is present.

·  Permanently ban creation of a centralized electronic index of out of business dealers’ records—a threat to gun owners’ privacy that Congress has barred through appropriations riders for more than a decade.

·  Allow importation and transfer of new machineguns by firearm and ammunition manufacturers for use in developing or testing firearms and ammunition, and training customers. In particular, ammunition manufacturers fulfilling government contracts need to ensure that their ammunition works reliably. S. 941 and H.R. 2296 would also provide for the transfer and possession of new machineguns by professional film and theatrical organizations.

·  Repeal the Brady Act’s “interim” waiting period provisions, which expired in 1998.

·  Give BATFE sole responsibility for receiving reports of multiple handgun sales. (Currently, dealers also have to report multiple sales to state or local agencies, a requirement that has shown little or no law enforcement value.) State and local agencies could receive these reports upon request to BATFE, but would have to comply strictly with current requirements to destroy these records after 20 days, unless the person buying the guns turns out to be prohibited from receiving firearms.

·  Restore a policy that allowed importation of barrels, frames and receivers for non-importable firearms, when they can be used as repair or replacement parts.

S. 941 represents the first time such BATFE reform legislation has been introduced in the Senate.  However, the House passed similar legislation (H.R. 5092) in the 109th Congress by a 277-131 vote.  A majority of the House–224 congressmen–cosponsored H.R. 4900 in the 110th Congress.

A fact sheet on S. 941/H.R. 2296 can be found here.

 

As of this writing, S. 941 has 16 cosponsors, and H.R. 2296 has 193 cosponsors.

Please be sure to contact your U.S. Senators and Representative, and ask them to cosponsor and support S. 941 and H.R. 2296! You can call your U.S. Senators at (202) 224-3121, and your U.S. Representative at (202) 225-3121.

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Posted in Editorial, Opinion, Education, Gun Control, Hoplophobia, Law, News, Politics, Wordpress Political Blogs | Comments Off on Support BATFE Reform Bills S. 941 And H.R. 2296

Urgent Alert: Ask Your U.S. Senators And Representative To Sign Amicus Brief Supporting Second Amendment Rights In The States!

November 14, 2009

As a critical Second Amendment case goes before the United States Supreme Court, U.S. Senators Kay Bailey Hutchison (R-TX) and Jon Tester (D-MT), and Congressmen Mike Ross (D-AR) and Mark Souder (R-IN) are gathering signatures for an amicus curiae (“friend of the court”) brief by Members of Congress.  And we need your support for this important effort next week.

The case is McDonald v. City of Chicago, and it will answer the question of whether the Second Amendment applies to the states—as the Congress clearly intended in the 1860s, when it adopted the Fourteenth Amendment to protect constitutional rights against abuse by state and local governments.  This brief is an opportunity for today’s Congress to show just as clearly that it respects the Second Amendment’s importance to all Americans—not just residents of the District of Columbia and other federal territories.

The brief describes Congress’s debates on the Fourteenth Amendment, and points out the many occasions—from 1866 to 2005—when the Congress has spoken in favor of the Second Amendment as protecting a right of all Americans, and taken action to protect that right against actions such as gun confiscation and predatory lawsuits.  It also makes the case for Congress’s interest (under its constitutional war powers) in preserving an armed citizenry as part of America’s national defense.

 

When Congress speaks, the Supreme Court listens.   And it did in the historic Heller case last year when 55 Senators and 250 Representatives signed an amicus brief supporting the Second Amendment as an individual right.  Now every Senator and Congressman who supports the rights of all Americans should step forward to be heard by signing this brief in the McDonald case.

 

The brief must be filed within the week, so we need your immediate help! On Monday through Thursday, please call your U.S. Senators and Representative, and urge them to sign on to this critically important brief, which will be a key part of the legal battle to protect the Second Amendment in the U.S. Supreme Court.

You can call your U.S. Senators at (202) 224-3121, and your U.S. Representative at (202) 225-31

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Posted in Editorial, Opinion, Education, Gun Control, Hoplophobia, Law, News, Politics, Wordpress Political Blogs | 10 Comments »

Kokanee Egg Shortage Leads DOW to Expand Spawning Operations‏

November 14, 2009

DENVER, Colo.–The Colorado Division of Wildlife today announced it will expand its kokanee salmon spawning operations to include three additional reservoirs to offset a decline in the number of eggs collected during this season’s spawning runs.

Additional kokanee salmon collection sites will be implemented at Cheesman Reservoir in Douglas County, and Wolford Mountain and Shadow Mountain reservoirs in Grand County.

“Expanding our egg-collection effort is necessary this year to improve our chances to collect enough eggs to sustain the state’s kokanee salmon populations,” said Greg Gerlich, DOW fisheries chief.  “We are hopeful that we can still meet objectives by expanding to these other locations.”

The DOW collects approximately 11 to 12 million kokanee eggs annually to meet fishery management goals and to maintain the state’s kokanee salmon populations.  Since natural reproduction is limited, sustainable kokanee populations are dependent on fish stocking programs and eggs collected from a limited number of brood lakes each fall.

Only 6.9 million eggs have been collected so far this season.  While egg-takes remained average to above average at most brood reservoirs (Vallecito, McPhee, Williams Fork and Granby), DOW aquatic biologists attribute this year’s egg deficit to a steep decline in the kokanee salmon population at Blue Mesa Reservoir.

“We’ve been seeing a substantial decline in the kokanee populations at Blue Mesa for the last several years,” said John Alves, DOW senior aquatic biologist.  “Blue Mesa provides half of the eggs that are used to sustain kokanee populations throughout Colorado, which is why a declining kokanee population in the reservoir is a considerable threat to the management of our fisheries.”

Historically, 5 to 8 million kokanee eggs are collected annually from Blue Mesa.  This year, a meager 2.5 million eggs were harvested, leading biologists to expand egg-collection to alternative locations.

“Our strategy over the years is to have additional waters where we can collect fish to keep the program going when efforts at primary brood waters are unsuccessful,” said Gerlich.  However, this places a considerable strain on our resources and is much less efficient.”

Since fish stocking began in Blue Mesa Reservoir in 1965, developing the kokanee salmon fishery has been the major priority of the DOW. Biologists believe a growing lake trout population is the primary cause for the declining kokanee population in the reservoir.

“Kokanee spawning and egg-collection efforts have remained stable in reservoirs where lake trout predation is not a factor,” said Gerlich.  “This is why it’s imperative to establish a better balance between the lake trout and kokanee populations at Blue Mesa.”

This fall, the DOW began a project to remove some of the lake trout, which reproduce naturally at Blue Mesa, from the reservoir. The removal project will continue each year until DOW aquatic biologists determine that predation on kokanee has declined to where the salmon population is no longer threatened.  That decision will be aided by spring survey research that will be done by the DOW and by researchers from Colorado State University.

For more information on Kokanee in Colorado, please see our Web page at:
http://wildlife.state.co.us/Viewing/Videos/KokaneeSalmon.htm

For further information about the lake trout removal project at Blue Mesa, please visit: http://wildlife.state.co.us/Fishing/Management/BlueMesaReservoirFisheryManagement.htm

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Posted in Education, Hunting Fishing and the Great Outdoors, News | 2 Comments »