Petition to NRA to Endorse and Lobby for the Michael's Law Amendment to 18 U.S.C. 926A
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. (Click Here to join the Michael's Law Amendment group on Facebook).
Change USCG Auxiliary Standard Operating Procedure to Allow USCG Auxiliarists to Carry Concealed Firearms if Duly Permitted While in Uniform to Protect Themselves Against Being Targeted by Terrorists and Agents of a Foreign Power
Whereas, on July 16th, 2015 five uniformed, unarmed U.S. servicemen were targeted at a U.S. Marines Recruiting Station in Chattanooga, TN and another installation due to their military affiliation, and were shot and killed by an armed assailant in furtherance of an apparent terrorist political agenda; and... Whereas, this is no isolated incident and there has been a pattern of such incidents during which, a total of 34 unarmed U.S. Servicemen have now been killed within the United States, and 54 more have been injured since 2009; and... Whereas, there is currently a nationwide movement by the people of the United States and their elected representatives in Congress to allow members of the active duty and reserve armed forces to protect themselves against future violent terrorist and/or criminal attacks and permit the carrying of concealed firearms for their own safety; and... Whereas, American citizens in the meantime are stepping up to protect members of their military by standing armed guard nationwide outside of recruiting stations and this crisis has been formally acknowledged by the US Coast Guard Auxiliary's National Commodore; and... Whereas, the current firearms policy for United States Coast Guard Auxiliarists is publically posted at one or more websites, including this one; and... Whereas, we believe said policy places volunteer civilian members at risk of being targeted by terrorists and agents of a foreign power by virtue of their uniforms, which are confusingly similar to those uniforms worn by active duty and reserve USCG military/law enforcement personnel; and... Whereas, it appears there is room for consideration of such a petition for reconsideration of said policy by virtue of Paragraph 4 of said policy: "First and foremost, the concealed carry of privately owned firearms on board federal facilities, unless authority has been granted by competent authority, is prohibited. This applies even if otherwise authorized to carry concealed in other jurisdictions. Additionally, the possession of privately owned firearms and ammunition while attending an approved Auxiliary function or participating in an authorized Auxiliary activity, including regularly scheduled detachment, flotilla, or division meetings is prohibited. (emphasis added);" and... Whereas, there appears to be a bona fide legal basis to allow Auxiliarists concealed carry while in uniform under 14 U.S.C. § 822. (Purpose of the Coast Guard Auxiliary): "The purpose of the Auxiliary is to assist the Coast Guard as authorized by the Commandant, in performing any Coast Guard function, power, duty, role, mission, or operation authorized by law;" and... Whereas 14 U.S.C. §821(a) states: "...The Auxiliary organization and its officers shall have such rights, privileges, powers, and duties as may be granted to them by the Commandant, consistent with this title and other applicable provisions of law. The Commandant may delegate to officers of the Auxiliary the authority vested in the Commandant by this section, in the manner and to the extent the Commandant considers necessary or appropriate for the functioning, organization, and internal administration of the Auxiliary;" and... Whereas, other government agencies with auxiliary programs like the Suffolk County (NY) Auxiliary Police similar to the USCG Auxiliary have allowed the carrying of firearms by civilian Civil Defense volunteers for decades in furtherance of their auxiliary "eyes and ears" duties as a matter of the Auxiliarists' right to self-defense given they, too, wear uniforms confusingly similar to regular police officers; and... Whereas, in terms of USCG employer risk exposure, said exposure can be mitigated by workplace violence insurance; now... Be It Hereby Resolved that we the undersigned members of the USCG Auxiliary, acting personally, as private citizens, and our undersigned friends, supporters and family, believe that because we wear official confusingly-similar uniforms that resemble the US Military, Auxiliarists could become accidental future targets of violence; and... Be it Further Resolved that we believe that, although internally, we know that the "gold side" is the actual military, the general public and potential terrorist assailants and/or agents of a foreign power do not necessarily understand this-- or if they do-- do not care about this distinction; and... Be it Further Resolved that we are not asking that the role of the USCG Auxiliarist be changed to include any military or law enforcement function; and... Be it Further Resolved that we do believe we should not have to give up our Second Amendment rights as a condition to serve our local community and nation and participate in Auxiliary activities and thereby risk our personal safety and our families' financial security and livelihood as volunteers; and... Be it Further Resolved that we seek to avoid a future tragic attack on one or more Auxiliarists falling victim to a similar incident like what happened in Chattanooga and we as unpaid volunteers should not be asked by the USCG to make that ultimate sacrifice and have our personal safety jeopardized in such a manner; and... Be it Finally Resolved that Pursuant to the First Amendment to the United States Constitution that we hereby respectfully Petition the Commandant of the U.S. Coast Guard and National Commodore and Board of U.S. Coast Guard Auxiliary to RECONSIDER and REVERSE the current no firearms policy in this post 9/11 era, respect Auxiliarists' Second Amendment Right to bear arms for self-protection, and allow Auxiliarists with duly issued permits, where required, to carry concealed firearms while in uniform.
Pass enabling legislation directing ATF to develop a federal firearms business carry permit that enables citizens engaged in interstate commerce to carry concealed weapons through every state.
Under the Fourteenth Amendment to the United States Constitution, American citizens are guaranteed "Equal Protection under the Law.” The Equal Protection Clause requires each state to provide equal protection under the law to all people within its jurisdiction. However, American Citizens engaged in interstate commerce are routinely discriminated against in that they do not enjoy the same protections as those citizens engaged in other occupations like office workers who can return to the safety of their homes each night. While many American citizens currently enjoy the right to carry concealed weapons in their home state, some states and cities deprive them of the right to protect themselves and the high value cargo they are transporting while working in interstate commerce outside of their home state. American citizens should not have to sacrifice their personal safety and their family's financial security in order to deliver products to their fellow citizens in other states. Once an American citizen leaves his home state and engages in "interstate commerce," his ability to carry a firearm and guard the shipment is at the mercy of other states that may or may not choose to grant reciprocity to their home state. Instead, American citizens should be protected under Federal Law pursuant to the Interstate Commerce clause and in the spirit of the Second Amendment. The "Reserved Powers" clause, which gives the states the right to regulate guns carried WITHIN their state, should not apply to instances involving interstate commerce because the firearm is carried THROUGH a state not solely WITHIN that state. In essence, there should be a Federal Business Carry permit issued by the ATF that supersedes and preempts states' laws and their right to regulate the carrying of guns. The states should not be allowed to interfere with interstate commerce in this manner. "Jason's Law," named after Interstate Truck Driver Jason Rivenburg, who was murdered in his truck while parked in an abandoned gas station in 2009 during an interstate shipment from Virginia to South Caronlina, was passed as part of the Moving Ahead for Progress in the 21st Century Act in 2012 and authorizes funding for safe truck parking. Nonetheless, five years after Rivenburg's murder, history repeated itself as Indiana-based Interstate Truck Driver Michael Boeglin was gunned down in Detroit in June of 2014, leaving behind a new wife and unborn child. But make no mistake: these are not isolated incidents. According to the Federal Bureau of Labor Statistics, truck drivers are one of the most dangerous occupations in the United States ( http://www.bls.gov/iif/oshwc/cfar0020.pdf ). The SBTC is a network of transportation professionals, associations, and industry suppliers that is on the front lines when it comes to issues that affect transportation professionals in small business. We seek to promote and protect the interests of small businesses in the transportation industry. We believe it is clear that Congress needs to take action to enable American Citizens to defend themselves while transporting goods across state lines. Such interference by certain states with interstate commerce is unlawful and Un-Constitutional under the American theory of Federalism. The SBTC therefore calls on Congress to remedy this situation before more lives are lost by passing enabling legislation directing the Bureau of Alcohol, Tobacco, Firearms and Explosives to develop and implement a Federal Concealed Firearms Business Carry program that preempts states from regulating the carrying of firearms through states and their political subdivisions.