Petition to NRA to Endorse and Lobby for the Michael's Law Amendment to 18 U.S.C. 926A
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WHEREAS, the National Rifle Association ("NRA") has been attempting to effect "National Reciprocity" for gun permits for nearly a decade; and
WHEREAS, the NRA has not, to date, been successful; and
WHEREAS, even if such legislation were to successfully pass Congress and be signed into law by the president, we believe there is a good chance the law would be thrown out by the Supreme Court on 10th Amendment grounds, as using Federal power to coerce states that do not want to grant reciprocity into doing so violates "states' rights;" and
WHEREAS, the Small Business in Transportation Coalition ("SBTC") has proposed an amendment to an existing Federal firearms-related statute (18 U.S.C. 926A; Interstate Transportation of Firearms) in furtherance of the U.S. Constitution's Commerce Clause, calling for the statute to be re-entitled: "Interstate Possession, Transportation and Carrying of Firearms;" and
WHEREAS, this proposal is referred to as the "Michael's Law Amendment," in honor of an unarmed trucker named Michael Boeglin, who was shot and killed and burned in his truck on June 26, 2014 in Detroit; and
WHEREAS, Americans travelling interstate are routinely the victim of gun violence with no means to protect themselves if the states they go to do not grant reciprocity, including, but not limited to, truckers like Randy Tomblin, Jerry Matson and most recently, a trucker shot today, January 27, 2016; and
WHEREAS, this proposed law would apply to all Americans and would not require any Federal registration whatsoever, but would merely reaffirm the Second Amendment insofar as traveling from state-to-state is concerned and would preempt the ability of the states to make laws that apply to interstate transportation of-- and travelling with-- firearms;
WHEREAS, the text of this proposed law, in its entirety, is as follows:
18 U.S. Code 926A; (Renamed): Interstate possession, transportation and carrying of firearms...
(1) Notwithstanding any other provision of any Federal law or any Federal rule, a person who is an American citizen and is not otherwise prohibited by this chapter from possessing, carrying, transporting, shipping, or receiving a firearm shall be entitled to carry on his person in a loaded, readily-accessible capacity and transport a firearm for any lawful purpose from any place in any state to any other place in a different state in accordance with the Second Amendment to the United States Constitution.
(2) FEDERAL PREEMPTION The states are hereby preempted from regulating firearms that are transported into, out of, or through their state by a person who is an American citizen and is not a resident of that state, regardless of whether or not the firearm is carried in a loaded, readily-accessible capacity, pursuant to the Commerce Clause of the United States Constitution.
NOW, LET IT HEREBY BE RESOLVED that we, the people of the United States of America, including, but not limited to, members of the SBTC and NRA, respectfully request the NRA leadership immediately embrace, endorse, and lobby for the passage of the SBTC's proposed MICHAEL'S LAW AMENDMENT in the interest of protecting all Americans' gun rights.
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