Winning, Duh.

December 23rd, 2011

H.R. 2055, the Consolidated Appropriations Act, has passed the Senate and is on its way to the President's desk. The NRA managed the inclusion of three pro-2nd Amendment provisions in the final draft.

The first is quite self-explanatory, and very encouraging.

None of the funds available to the Department of Defense may be used to demilitarize or dispose of M-1 Carbines, M-1 Garand rifles, M-14 rifles, .22 caliber rifles, .30 caliber rifles, or M-1911 pistols, or to demilitarize or destroy small arms ammunition or ammunition components that are not otherwise prohibited from commercial sale under Federal law, unless the small arms ammunition or ammunition components are certified by the Secretary of the Army or designee as unserviceable or unsafe for further use. [p. 23]

The second provision is in Section 503 of Title V, and it puts the kabosh on the use of any funds from the National Institute of Health to promote gun control:

The prohibitions in subsections (a) and (b) shall include any activity to advocate or promote any proposed, pending or future Federal, State or local tax increase, or any proposed, pending, or future requirement or restriction on any legal consumer product, including its sale or marketing, including but not limited to the advocacy or promotion of gun control.  [p. 325]

The same language appears in Section 218 of Division F [p. 300], which seems to have the President a bit miffed.  According to a statement he released today,

Additional provisions in this bill, including section 8013 of Division A and section 218 of Division F, purport to restrict the use of funds to advance certain legislative positions. I have advised the Congress that I will not construe these provisions as preventing me from fulfilling my constitutional responsibility to recommend to the Congress's consideration such measures as I shall judge necessary and expedient.

Of course he can still make his recommendations, but he can't use government money to do the legwork for him.

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