Below The Radar: Gun Owner Privacy Act

H/T AmmoLand.

There is a link at the end of this article to contact your members of Congress.

United States – -( With a lot of anti-Second Amendment extremists trying to get firearms registration by various back-door methods involving records from the National Instant Check System, it is worth noting that they are not the only ones pushing legislation involving NICS. To paraphrase Gandalf, there are forces at work in the halls of Congress besides those that hate the Second Amendment.

One of the bills Second Amendment supporters can turn to is S 4040, the Gun Owner Privacy Act. This was introduced by Senator Kelly Loeffler (R-GA). Loeffler replaced Senator Johnny Isakson (R-GA), a Second Amendment champion who resigned due to Parkinson’s Disease. For being in office less than seven months, Loeffler’s already marking herself as a strong supporter of Second Amendment rights with this legislation.

When you look at the text, it carries some very strong provisions when it comes to addressing privacy concerns about NICS, especially when compared to the current text of 18 USC 922(t). Now, the current text requires the destruction of all records of transactions that don’t violate the law. The reason for that is clear: Those who are lawfully exercising constitutional rights should not have the government keeping records about said rights.

The Gun Owner Privacy Act adds a new section to 18 USC 922(t), which prohibits spending federal funds on any background check system that doesn’t immediately destroy records of transactions that don’t violate the law. This is huge – it eliminates any wiggle room for creating a back-door registration system. In fact, it is the polar opposite of Carolyn Maloney’s NICS Review Act.

But there is another benefit as well. Loeffler’s bill also prohibits charging any fee for the use of NICS. Again, we get down to a principle – people shouldn’t have to pay to be able to exercise a constitutional right. In a very real sense, this is akin to charging a poll tax so that people could vote. The poll tax was emphatically rejected with the 24th Amendment.

We should also note that the objections to ensuring the privacy of law-abiding gun owners are one of the biggest “tells” that you can get from anti-Second Amendment extremists, and objections to prohibiting a fee for using NICS run a close second as well. It isn’t just that they want to ban so-called “assault weapons,” they don’t think owning a firearm is a right at all.

When you look at some of the more “ambitious” proposals from Elizabeth WarrenSheila Jackson LeeCory Booker, or even Tammy Duckworth (who teamed up with Bobby Rush), that attitude is palpable in the number of hoops they want law-abiding citizens to jump through. The high crime rates in Baltimore, Chicago, and elsewhere that already have strict laws show that their agenda isn’t about safety.

Second Amendment supporters ought to contact their Senators and Representative to politely urge them to support passage of S 4040. The Gun Owner Privacy Act isn’t perfect, but it makes things much better for those who exercise their Second Amendment rights.

Sen. Loeffler Introduces ‘Gun Owner Privacy Act’

H/T Bearing Arms.

This would be a great bill to ensure gun owner privacy but sadly it will die in the DemocRat controlled house.

Hopefully, if Senator Loeffler gets elected in November and the Republicans retake the House she can reintroduce this bill.

No one voted for Sen. Kelly Loeffler to be a senator from Georgia.

That’s not a slam, just a fact. Loeffler was appointed to fill the seat by Gov. Brian Kemp (R) after Sen. Johnny Isakson (R) resigned from office due to health reasons at the end of 2019. She hasn’t been in office long and is now trying to hold onto her seat, but so far, the people of Georgia haven’t elected her for anything.

Yet, anyway.

However, if she keeps introducing legislation like this, I suspect a lot of people in the state will change that.

Loeffler’s bill, the Gun Owner Privacy Act, would ban the use of federal funds to store personal information collected during background checks attached to gun purchases. Federal agencies are already barred from creating a database of gun owners, but the legislation will give citizens recourse for any infringements on their privacy. While the law would not apply to Americans who fail background checks, those whose records are illegally stored will be able to sue agencies in federal court and collect damages.

Loeffler also introduced a resolution condemning what she said were “laws that unduly inhibit and infringe upon the rights of a law-abiding individual to carry a firearm outside of the home.” The resolution attacks limits on gun-carry permits as “unlawful infringements of the rights granted by the Second Amendment. She called on the legislature to step up to protect gun rights.

“The Second Amendment is our Founding Fathers’ reaffirmation of our natural God-given right to defend life, liberty and property,” Loeffler said in a statement first obtained by the Washington Free Beacon. “Law-abiding citizens should be free to exercise their Second Amendment rights without overly intrusive government regulation.”

Loeffler specifically singled out an incident in Maine where a former state trooper argued the government was keeping records of who bought what firearms, thus creating an illegal database, an example of what her bill would seek to prevent.

Of course, there’s no hope in hell of this bill passing. As much as I’d like to see this become law, as things currently stand, the best that could happen is this bill passes in the Senate and then dies in obscurity in the House. It’s not likely to happen, and we all know it.

However, Loeffler is in a tough political fight. A bill like this could shore up support for her prior to the election in November, where she’ll face two Democrats and a fellow Republican, the top two finishers likely ending up in a runoff unless one amasses a majority of the votes.

It’s also likely an effort to distance herself from an insider trading scandal. Loeffler was one of several Republican lawmakers accused of trading stocks ahead of a stock market crash after being briefed that such a thing was likely. While the Justice Department has finished its investigation into Loeffler and isn’t filing any charges, such a thing is probably not going to help her in November.

So, a good, pro-gun bill makes a lot of sense from a political standpoint.

However, it’s also a good bill that needs to pass, regardless of whether it’s sincerely meant or the result of political calculation–and I honestly don’t know that either way–because far too many people think the identities of gun owners shouldn’t be private, that they should be public record with all our personal information available to just anyone. We shouldn’t need protections like this, yet we do.

It’s only a shame that Loeffler’s bill won’t go much of anywhere.