Rep. Barry Moore opposes Democrats’ cynical gun grabbing bills

Washington, D.C. — Rep. Barry Moore (AL-02) voted against H.R. 7910 and H.R. 2377, the Democrats’ cynical bill package exploiting the recent tragedy in Uvalde, Texas to unconstitutionally restricts the exercise of the 2^nd Amendment and deprive citizens of due process.

“I welcome legitimate discussion on how we can prevent violence that places substance over sensationalism, but the poorly-vetted legislation rushed forward by Democrats is not only unconstitutional, it does nothing to get at the root cause of this issue,” said Moore. “We can’t blame an inanimate object for the steep moral decline and eroding family values or worsening mental health crisis in our nation. Until we can have level-headed deliberation on what will and won’t work and can be reasonably achieved, our nation cannot begin to heal.”

In the wake of the senseless, malevolent shootings seen in recent months, the Majority has thrown together this reactionary package comprised of legislation that egregiously violates law-abiding citizens’ 2nd Amendment rights and hinders Americans’ ability to defend and protect themselves and their families. Over the past several years, Democrats have demonized law enforcement at all levels of government through their defund the police movement. Not surprisingly, the result of this movement has been a severe spike in crime across cities and communities everywhere. Amidst this spike in crime and violence, over the past two years more than 14 million Americans purchased a firearm for the first time. Now, the Majority aims to make it harder for all law-abiding Americans to protect themselves while failing to address the causes behind these mass shootings. House Democrats have made little to no effort to engage Republicans to find actual solutions to address gun violence and improve public safety, especially in our schools and local communities.

H.R. 7910 - Unconstitutional Gun Restrictions Act:

• Prohibits the sale of semiautomatic rifles and semiautomatic shotguns to individuals under 21 years of age, with limited exceptions.
• The 9^th Circuit Court recently struck down California’s age restriction as unconstitutional.
• Establishes a new federal crime of gun trafficking, punishable by up to 10 years in prison, that prohibits any individual from purchasing a firearm for a third party, with limited exceptions.
• Current law prohibits straw purchases or the transfer of a firearm to someone prohibited from possessing one. This language drastically limits the ability of a firearm to be purchased as a bona fide gift. For example, it creates a scenario where a well-intentioned friend would face criminal prosecution for purchasing a firearm for a victim of domestic violence to be used in self-defense. 
• While the 2^nd Amendment allows citizens to make a firearm for personal use, this legislation would make that practice illegal for law-abiding Americans.
• Requires a one-size-fits-all federal regulation on firearm storage that infringes on civil liberties and makes it harder for individuals to quickly respond to threats at home. Violations would be punished by a fine and seizure of firearms by the federal government. 
• The Supreme Court’s Heller decision stated that Americans have a right to defend themselves in their homes, and mandating that they be locked at all times would violate that right.
• Adds bump stocks, currently banned under a DOJ rulemaking issued during the Trump Administration, to the list of firearms requiring additional regulatory scrutiny the National Firearms Act.
• Criminalizes the sale, possession, and manufacture of any “ammunition feeding device” that can accept more than 15 rounds of ammunition, again limiting the ability of law-abiding citizens to defend themselves while doing nothing to limit firearm access to criminals.

H.R. 2377 - Federal Extreme Risk Protection Order Act:

This legislation uses overly broad language related to ex parte extreme risk protection orders that casts aside individuals’ rights to due process and tramples on Americans’ 2^nd Amendment rights. This bill also includes the text of H.R. 3480, the Extreme Risk Protection Order Act, which provides grant funding to support implementation of extreme risk protection order laws at the state and local level. Federal law already prohibits firearm possession based on criminal convictions, prior mental health commitments, domestic violence convictions, and disqualifying protective orders. Instead of working with Republicans to find common ground solutions to secure schools and address the root causes of gun violence, Democrats chose to advance poorly crafted legislation focused on firearm confiscation and undermining the Constitutional rights of law-abiding citizens. 

• Allows ‘family or household members’ or law enforcement officers to submit a petition to a U.S. district court requesting an ex parte extreme risk protection order, or long-term protection order with respect to an individual.
• This would strip 2nd Amendment rights of individuals by confiscating firearms without due process.
• The overly broad language would allow anyone who has lived in the same household as another in the past year to file a petition requesting a protection order, meaning ex-spouses or disgruntled former roommates with bad intentions could endlessly submit petitions to harass an individual in an effort to have firearms and ammunition confiscated.
• The court must hold a hearing for a long-term protection order within 72 hours of issuing an ex parte order or within 14 days of receiving a petition for an ex parte order.
• If issued, it would require the individual to surrender all firearms and ammunition.
• The evidentiary standards for ex parte orders would be issued under “probable cause”, far too low a threshold for removing a fundamental right.
• The requirements for extreme risk protection orders in the two bills are not identical, and would create an environment where state protection orders differ from federal ones.