Surprised that around the 100th anniversary of the 40th president's birth that no one on DU has discussed the Firearm Owners Protection Act, which Ronald Reagan (who five years earlier had survived an assassination attempt that unfortunately handicapped his press secretary) signed on May 12, 1986. That law revised many provisions of the Gun Control Act of 1968. Cornell Law has the
codified FOPA and
codified GCA.
Among other things, FOPA
allowed interstate transportation of guns should they be unloaded and out of reach of vehicle occupants.
Section 926 (a) has language banning any government firearm owner registry: "No such rule or regulation prescribed after the date of the enactment of the Firearms Owners’ Protection Act may require that records required to be maintained under this chapter or any portion of the contents of such records, be recorded at or transferred to a facility owned, managed, or controlled by the United States or any State or any political subdivision thereof, nor that any system of registration of firearms, firearms owners, or firearms transactions or dispositions be established."
According to the
TOM:/bss/d099query.html||Thomas database at the Library of Congress, the FOPA originated in the Senate as S.49 and was introduced by Senator James A. McClure (R-Id.). At the time the bill passed the Senate (53 R, 47 D) by a 79-15 vote. Yet during the 99th US Congress the House had Democratic control by a 253-182 margin, in contrast to the current 112th Congress with a Republican-dominated House and slight Democratic control in the Senate with a Democratic president. Democratic amendments to the FOCA included:
-
House Amendment 770 by Harold Volkmer (MO): "...eliminates the requirement that gun dealers notify police of handgun purchases and preempts state and local laws to ease interstate travel with handguns as well as rifles for any legal purpose. It also eliminates the need for many gun sellers to obtain a license and keep records of their gun sales." Passed 286 - 136.
- Rep. William J. Hughes (NJ) introduced amendments
776 "to eliminate the provisions that permit the interstate sale of handguns" (passed 233-184) and
777 "to make it unlawful for any person to transfer or possess a machinegun except in the case of a machinegun that was lawfully possessed before the date of enactment" (passed by voice vote).
Unfortunately something that
annoys Freeper types (and maybe something here) is the controversial passage of the Hughes Amendments by Charles Rangel, chairman of the FOPA proceedings during House debate and who was censured in 2011. Rangel claimed that the "amendment in the nature of a substitute, as amended, was agreed to" despite an objection by Rep. James Sensennbrenner (R-WI).
Transcript (pp. 19-20):
The CHAIRMAN. All time has expired for consideration of the Hughes amendment to the Volkmer substitute.
For what purpose does the gentleman from New Jersey <Mr. HUGHES> rise?
Mr. HUGHES. Mr. Chairman, I have a unanimous-consent request.
Mr. Chairman, I made the motion to rise so that I could get additional time for the Rules Committee to finish debate on a number of amendments that were noticed, have not been reached and will not be heard, and that is unfortunate. It is an important matter.
My unanimous-consent request is that I have 5 minutes to explain this vote.
Mr. SENSENBRENNER. A point of order. Mr. Chairman, that is not a proper inquiry.
Mr. DINGELL. Mr. Chairman, a point of order. Regular order.
The CHAIRMAN. The gentleman will state his unanimous-consent request.
Mr. HUGHES. Mr. Chairman, my unanimous request is that I have 5 minutes to explain this vote on machinegun bans.
The CHAIRMAN. Is there objection to the request of the gentleman from New Jersey?CCOLLUM
Mr. MCCOLLUM. Reserving the right to object, Mr. Chairman, would the gentleman explain why he wants that 5 minutes?
Mr. HUGHES. So we can explain what is pending before the House.CCOLLUM
Mr. McCOLLUM. Mr. Chairman, I withdraw my reservation of objection.
The CHAIRMAN. Is there objection to the request of the gentleman from New Jersey <Mr. HUGHES>?
Mr. SENSENBRENNER. Mr. Chairman, I object.
The CHAIRMAN. Objection is heard.
The question is on the amendment offered by the gentleman from New Jersey < Mr. HUGHES> to the amendment, as amended, offered by the gentleman from Missouri <Mr. VOLKMER> as a substitute for the Judiciary Committee amendment in the nature of a substitute, as amended. The amendment to the amendment, as amended, offered as a substitute for the Judiciary Committee amendment in the nature of a substitute, as amended, was agreed to.
The CHAIRMAN. The question is on the amendment, as amended, offered by the gentleman from Missouri <Mr. VOLKMER>, as a substitute for the Judiciary Committee amendment in the nature of a substitute, as amended. The question was taken; and the Chairman announced that the noes appeared to have it.
So what effect do you think that the FOPA has had on 2nd Amendment rights and gun safety?