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Will the NRA embrace Michael’s Law Amendment Constitutional gun carry?

Feb
10,
2017
0

The National Rifle Association (NRA) has been trying for over a decade with various national reciprocity gun permit attempts.  In accordance with the 10th amendment, each state has their own laws when it comes to gun rights and the 2nd amendment, with many states being strongly against national reciprocity,believing it would infringe on their state’s rights.

Legal gun owners many times find crossing state lines with a firearm confusing, as a permit legal in one state may not be acknowledged by another state. Some have even been arrested doing so.

Concealed Carry Permit Reciprocity Maps
The Permit map link  shows which states you can carry concealed in as well as which state’s permits are honored in a particular state.

The most recent bill introduced to the house has been applauded by the NRA.
H.R. 38, The Concealed Carry Reciprocity Act of 2017, authored by Congressman Richard Hudson (NC-8).
The question arises however, that even if the NRA is successful with a Republican Congress and President, it is unclear whether such a move that uses Federal power to force one state to accept the standards of another, would withstand judicial scrutiny. Most likely, restrictive states like New York would challenge national reciprocity on 10th Amendment “States’ Rights” grounds and such a law could be declared by SCOTUS “UnConstitutional.
Thus any victory in this area could wind up being very short-lived.

James Lamb of the Small Business in Transportation Coalition (SBTC) also has also been fighting for a gun rights law since 2014. The SBTC believes there is a better way to accomplish the NRA’s goal of national reciprocity, a “back door in” that avoids the state’s 10th amendment fight… It’s called the Michael’s Law Amendment

HISTORY OF THE MICHAEL’S Law Amendment

The initial attempt of the SBTC was called Michael’s law, named after murdered trucker Michael Boeglin.  Read more Trucker found shot in truck in Detroit, rig burned

The original 2014 Mike’s Law bill would have created a business carry permit for Americans working in Interstate Commerce. This was rejected by the NRA.
NRA objected to
(1) special carve out
(2) gun permitting leading to gun registration leading to confiscation.
So, James and the SBTC listened to NRA members, went back to the drawing board, and started all over from scratch.
SBTC  created Plan B the Michael’s Law Amendment to address the NRA and NRA membership’s concerns.

Both the NRA and the The Small Business in Transportation Coalition (SBTC) believe there should be law allowing citizens to legally carry from state to state, relieving citizens with gun permits from the confusion of state carry laws.  The difference is the way these two organizations  have gone about addressing it.

The SBTC has chosen the different path of the Michael’s Law Amendment, one which they believe will be more tolerated by the states.   The amendment would be 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;”

As part of the Michael’s Law Amendment, SBTC has recently created the Trucker Lives Matter website which offers updates and information regarding the progress of the Michael’s Law Amendment. Along with the Trucker Lives Matter website, the Social Media group on Facebook, by the same name, is quickly becoming a movement. Tucker Lives Matter on Facebook presently has over 22,000 members in just 3 weeks.

Michael’s Law Amendment to 18 U.S.C. 926A

Michael’s Law Amendment is a PRO GUN Federal legislative effort that ‘tweaks’ an existing Federal statute already on the books called “Interstate Transportation of Firearms” (18 U.S.C. 926A). Michael’s Law Amendment has two parts that would essentially do four things:

1. Michael’s Law Amendment makes the distinction between merely “possessing” a locked, unloaded firearm only for the purpose of transporting it… and actually carrying a firearm in a loaded, readily-accessible capacity for self-defense purposes. Currently, 926A neither authorizes nor prohibits the “carrying” of firearms interstate; it just speaks to “possession” for the purpose of transporting it unloaded and locked up.

2. Michael’s Law Amendment makes it a Federal Law to be able to CARRY from one state to another state. Without the need for a permit at all. It essentially just reaffirms the Second Amendment and is a declaration of all American citizens’ right to CONSTITUTIONAL CARRY from state-to-state.

3. Michael’s Law Amendment preempts a state’s ability to regulate the carrying of firearms by an American citizen who is entering their state, leaving their state or passing through their state pursuant to Federal authority under the Commerce Clause.

4. Michael’s Law Amendment, in accordance with the 10th Amendment, respects a state’s right to regulate its own residents who choose to live, work, and travel point-to-point within that state’s boundaries. But that right stops once another state is introduced into the equation, again, as a matter of Federal authority to regulate commerce between the states.

Existing Law §926A. Interstate transportation of firearms 

Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter
from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such
firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any
ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle
without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console. (Added Pub. L. 99–360, §1(a), July 8, 1986, 100 Stat. 766.)

Amended Law- Here is the full text of the proposed law:

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.

The Michael’s Law Amendment… It’s NOT just for truckers.

Although The Michael’s Law Amendment is not just for truckers, the truck driving community has embraces the concept of a back door for legal gun carry in all states.

Trucker Lives Matter appeared Live on the NRA-TV show on Tuesday, Jan. 31st, 2017 at 5:30pm Eastern

NRA TV Trucker Lives Matter

James Lamb of SBTC appears live on NRA -TV to discuss gun rights and the Michael’s Law Amendment

Petition to NRA to Endorse and Lobby for the Michael’s Law Amendment to 18 U.S.C. 926A

Q: How is Michael’s Law Amendment different from the NRA National Reciprocity bills?

A: The NRA has been pursuing “national reciprocity” in various different forms for over 10 years. They continue to go down this road. The SBTC is concerned that even if they are successful with a Republican Congress and President, it is unclear whether such a move that uses Federal power to force one state to accept the standards of another, would withstand judicial scrutiny. We expect highly restrictive states like New York would challenge national reciprocity on 10th Amendment “States’ Rights” grounds and such a law could be declared by SCOTUS “UnConstitutional.” So, any victory in this area could wind up being very short-lived. We believe there is a better way to accomplish this goal, a back door in that avoids the fight…

Once again, The SBTC bill merely tweaks an existing Federal statute (18 U.S.C. 926A) and creates a national right to carry from one state to another by asserting the “Commerce Clause” of the United States Constitution as the lawful basis for Congress to tell the states they may only regulate the carrying of firearms for their own residents that stay within their state. And it preempts them from interfering with interstate carrying of firearms in accordance with the Second Amendment. SBTS believes there is no bona fide states’ rights challenge since the Constitution clearly gives the Federal government jurisdiction over such matters pertaining to two or more different states.

The NRA has not officially recognized the Michael’s Law Amendment, although they did say they supported the right that “Mike’s Law” would bestow (without actually saying the supported the original Mike’s Law proposal outright.)
They have moved down only one path, the path to national reciprocity.

So the question is:  Will the NRA embrace Michael’s Law Amendment Constitutional gun carry?

The SBTC has been petitioning the NRA for over a year to lobby in favor of their bill as well.  Read more  Another Trucker Gets Shot: SBTC Challenges NRA to Back their Michael’s Law Amendment to 18 U.S. Code 926A to Allow Truckers to Defend Themselves

Trucker Lives Matter FAQ’s

***************************************

Truckers Lives Matters- Michael’s Law Amendment Press Release
Transportation Trade Group Launches ‘Trucker Lives Matter’ Movement

A South Florida-based non-profit transportation trade group representing small players in the industry across America, including truck drivers, says it is time to “Make the Roads Safe Again.”

In an effort to stop the current murder rate of interstate truckers– and other workers in interstate commerce– of approximately 50 men and women per year (according to US Department of Labor, Bureau of Labor Statistics,) the Small Business in Transportation Coalition’s (“SBTC”) president, James Lamb, announced today the group has formally launched the ‘TRUCKER LIVES MATTER’ (“TLM”) movement through their new website: http://www.TruckerLivesMatter.com.

According to Lamb, the website directs truckers– and other interested Americans– to join the movement on social media by becoming a member of the group’s Facebook Page. TLM is encouraging supporters to adopt the TLM logo as their social media profile picture through this Twibbon campaign. The site is also selling TRUCKER LIVES MATTER t-shirts to raise funds. A detailed FAQ page explains the group’s legislative efforts, their take on NRA’s “national reciprocity” efforts, and the various existing state laws that currently prevent truckers from carrying firearms nationwide to protect themselves. Lamb’s bill asserts Federal authority through the Constitution’s “Commerce Clause,” which allows Congress to preempt the states’ regulation of guns entering, exiting, or merely passing through their states.

The website directs visitors to a petition to the National Rifle Association (“NRA”) in an effort to promote and acquire NRA support of the SBTC-written pro-gun bill called the “Michael’s Law Amendment (to 18 U.S.C. 926A),” named after the late Indiana-based over-the-road trucker Michael Boeglin who was killed and burned while sleeping in his truck in Detroit in June 2014. Lamb has been pursuing new legislation in various forms since Boeglin’s death. Boeglin’s then-pregnant widow Ashley Boeglin teamed up with Lamb in 2014 and signed on to the SBTC-led efforts to get a law passed that would enable truckers to thwart future attacks against them on the road. She has approved the use of her late husband’s name in connection with the legislation, currently under consideration by the Honorable U.S. Senator Marco Rubio (R-FL).

“If there’s one thing we have learned over the past two and a half years, it’s that you don’t get a pro-gun bill introduced into Congress easily without the support of the NRA,” Lamb noted. NRA disapproved of Lamb’s first legislative draft and he says they have not commented on the new version yet, which seeks to address NRA’s past concerns.

“Unlike our first attempt, this Plan B bill is not a special carve out for truckers in that it applies to all Americans and there is no gun permit or registration issue involved. We would hope the NRA is not opposed to simultaneously backing two bills, theirs and ours, as all roads lead to respecting the Second Amendment for all Americans,” Lamb said.

Rubio, from Miami, Florida, who ran for president this past election cycle (2015-2016), in part, on fighting ISIS and was later re-elected to the Senate in November 2016 to a new 6 year term, is a well known supporter of Second Amendment rights. Lamb said he has pointed out to Rubio’s staff that with all the recent terrorist “truck jackings” in Europe and an ISIS-inspired terrorist attack at Fort Lauderdale airport just two weeks ago, which is in SBTC’s home city and Rubio’s own state: “It’s only a matter of time before trucks are used as weapons by terrorists here on American soil,” Lamb warned.

“In talking with Rubio’s staff, we believe introduction of the bill into the U.S. Senate will happen later this month after the new Republican President has settled in, Lamb said.

The TruckerLivesMatter.com website points truckers to employers that will allow them to carry firearms to protect themselves against the dangers of living and working on the road, including the safe truck parking shortage recently highlighted by the Wall Street Journal.

Lamb appeared on Sirius XM’s Road Dog Trucking News with Mark Willis earlier this week to promote the new TLM movement and take calls for truckers. Lamb released this Facebook live footage, which represents an excerpt from the interview.

“I believe the fact that over 15,000 truckers immediately joined TLM within just a few days of our launching this movement shows that truckers believe their lives do indeed matter and it’s high time we ‘make the roads safe again’,” Lamb said.

© 2017, Allen Smith. All rights reserved.

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By: Allen Smith

Allen Smith is a 37 year veteran who started at an early age in a household goods family moving business. He began driving straight trucks in 1977 and moved to the big rigs in 1982. His experience within the industry includes; owner operator, company driver, operations manager, and owner of a long distance HHG moving business, taking many of the long haul moves himself when needed. Allen Smith, a truck driver advocate who is driven by the desire to help others succeed within an industry where injustice, unrewarded sacrifice, and lack of respect and recognition exists. Allen and his wife Donna are hosts of Truth About Trucking ”Live” on Blog Talk Radio. Other websites include AskTheTrucker, TruckingSocialMedia, NorthAmericanTruckingALerts, TruthAboutTrucking, and many Social Media websites. In 2011 Allen and Donna hosted the first Truck Driver Social Media Convention, designed to create unity and solutions for the trucking industry. This is now being extended through the North American Trucking Alerts network as those within the industry join forces for the betterment of the industry. Allen strongly supports other industry advocates who are also stepping up to the plate to help those who share honesty, guidance and direction. He believes that all those involved in trucking need to be accountable for their part within the industry, including drivers, carriers, brokers, shippers, receivers, etc… The list of supporters and likeminded people grow daily, networking together and sharing thoughts and ideas for the betterment of trucking. He has coined the popular phrase "Raising the standards of the trucking industry"

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