by Bob Barr | Apr 20, 2020 | Uncategorized |
Daily Caller For more than two decades, the system codified in federal law for ensuring that persons prohibited from possessing a firearm are not able to lawfully acquire one from a licensed firearms retailer has worked reasonably well. Since 1998 when the National Instant Criminal Background Check System, or “NICS,” became operational, the FBI has completed hundreds of millions of background checks on prospective gun purchasers; 28.4 million last year alone. For some reason, however, the FBI recently has taken to playing games with NICS, and by bureaucratic fiat ignoring or overriding an important provision in the law. Neither firearms purchasers nor retailers should stand for such skullduggery. The provision at issue is that which permits the FBI to place what amounts to a “hold” on a prospective firearm purchase, in order to allow the Bureau time to determine if a particular purchaser falls within one of the several categories of persons not permitted to possess a gun. Under the law establishing NICS, with the FBI as the “go-to” agency, that temporary “hold” is strictly limited to “three business days.” While the vast majority of inquiries submitted to the FBI each year by firearms dealers (Federal Firearms Licensees or “FFLs”) are approved or denied almost immediately (hence, the “instant” check system), occasionally there are those that raise questions, and in each such instance, the FFL is notified and the statutorily allowed “three business day” period begins to run. If the dealer does not receive a denial within that window, the dealer is permitted at its discretion to allow the purchase (or “transfer”) to proceed. The three-business-day hold period is...
by Bob Barr | Apr 17, 2020 | Uncategorized |
Atlanta, GA Friday, April 17, 2020 Bob Barr, who represented the 7th District of Georgia in the U.S. House of Representatives from 1995 to 2003, today issued a statement praising Federal Communications Commission Chairman Ajit Pai’s decision to circulate a draft FCC Order, that would at long last move forward the process of opening up a segment of mid-band satellite spectrum for commercial use in 5G technology. An application by Ligado Networks to free up mid-length spectrum for commercial purposes essential to deployment of 5G communications, has been languishing for years awaiting the green light from the National Telecommunications and Information Administration (NTIA) embedded within the Commerce Department. Pai’s decision to approve Ligado’s application was predicated on a number of modifications in the company’s application that would protect against harmful GPS interference. If adopted by the five-member Commission headed by Pai, the draft Order would tangibly signal to the country and the world that the United States is committed to seize the leadership in deployment of 5G technology, a role China openly covets. Pai’s move also is in accord with statements last year by President Trump strongly supporting freeing up wireless spectrum for 5G...
by Bob Barr | Apr 15, 2020 | Uncategorized |
Townhall With various states already postponing primary elections in the face of the COVID-19 pandemic, questions are surfacing about whether to postpone the November 3rd general election. The complexities inherent in such consideration would make even the most seasoned constitutional expert’s eyes glaze over. Though we thankfully appear to be past the peak of COVID-19 infections, there is a real possibility of another viral cycle later this year; meaning the November election could take place in circumstances similar to those we face today, with mandated “social distancing” and “lockdowns” in place. This is where things become seriously and constitutionally muddled. Per the 20th Amendment to the Constitution, terms of the President and Vice President end at Noon on January 20th. Likewise, every House Member’s term ends on January 3rd, as does the term of every Senator who currently is up for reelection on November 3rd. While Congress is empowered to set the date of the election by law, the terms of the president, the vice president, all 435 House members, and one-third of Senators are set by the Constitution and cannot extend beyond those dates. No “state of emergency” can change this. So, who would serve as president and vice president if the November 3rd election was postponed? “The Speaker of the House” is the obvious answer, but it is hardly that simple. Should an election not take place before these terms expire, there would be no Speaker of the House because Nancy Pelosi would not have been reelected to represent the people of the 12th District of California. But, hold on a moment — since the House elects...
by Bob Barr | Apr 13, 2020 | Uncategorized |
Daily Caller At this point in the COVID-19 pandemic, most government sectors are playing out their roles according to script. Congress is throwing money at the problem. Liberal governors are preening for the cameras and auditioning to be chosen by Joe Biden to be his running mate. The mainstream media is obsessed with criticizing Trump’s every move. Local government officials of all political stripes are becoming mini-despots — ordering law enforcement to yank people off buses if they are not wearing mandated personal protective equipment (PPE) and instructing police to intimidate parishioners wanting to attend in-car religious services. Federal regulatory bureaucrats are doing what they do best – demanding that every rule be followed to the T even if doing so slows down salubrious processes. Outside the glare of the TV cameras, however, it is the president, perhaps alone, who is trying to take meaningful steps that will actually improve the chances the United States will be better prepared to both avert a future health crisis imported from outside our borders as well as to respond to health crises wherever their origin. Regulatory reform has been the quiet storm of the Trump administration. Unnecessary and burdensome rules have been identified and, where possible without congressional action, limited or rolled back entirely. The Left, as seen in a recent New York Times piece by Lisa Friedman, is worried sick about Trump’s efforts in this regard. Liberal efforts to slow this hallmark policy of the administration, however, will not succeed; unless, of course, the November election returns control of either the White House or the Senate (or both) to Democrat control. Long before...
by Bob Barr | Apr 8, 2020 | Uncategorized |
Townhall.com Everything New York Sen. Chuck Schumer says is political; and since President Trump took office in January 2017, everything Schumer says is political with an anti-Trump stinger. However, the Senator’s recent call for the President “to designate a senior military officer” to control the federal government’s COVID-19 response, is dead wrong. The proposal reflects a troubling perspective that, while perhaps popular to many citizens in times of crisis, cuts against the grain of how our country is governed; that is, if in accord with the principles and philosophy underlying our founding charter. The United States is a constitutional republic governed by individuals accountable to the people. This principle is codified in the Constitution itself, and explained further and at length in documents from The Federalist Papers to Supreme Court opinions, and in extensive presidential commentary beginning with George Washington. As noted by Richard Brookhiser in his book, “George Washington on Leadership,” it was our very first Commander in Chief who “made the template for American military leaders and their civilian superiors” (emphasis mine). America at its core is a country led by civilians according to civil law, not military individuals operating according to martial law. The distinction is not merely technical or strictly statutory (though such distinctions are extremely important). The “template” establishing the supremacy of civilian leadership over military in our country and in our culture, reflects also the civilian mind-set over the military. Armed forces operate on strict chain-of-command. Navy Captain Brett Crozier, former commander of the nuclear aircraft carrier Theodore Roosevelt, recently learned that going outside the chain of command brings serious consequences. Principles of civilian due process and equal protection...
by Bob Barr | Apr 6, 2020 | Uncategorized |
Daily Caller “Hotspot” is a word that has gained new meaning these past four weeks. Early predictions that February had brought us simply another seasonal flu of the “coronavirus” type quickly gave way to the harsh reality that the United States, as with democracies and totalitarian regimes alike across the globe, is going to be fighting this virus for quite some time to come. Residents from virus “hotspots” like New York City and New Orleans are being “blacklisted” from travelling into less-affected areas of the country. Even states in America’s heartland, such as Illinois, are emerging as viral hotspots. People everywhere are struggling. The unemployment numbers have skyrocketed. You know things are bad when the ink barely has dried on the presidential signature for a $2 trillion spending bill, and already even Republican senators are entertaining talk of yet another spending bill to come. We now are approaching the middle of April, when many experts predict the number of COVID-19 cases will peak. And yet, at this very time — before hardly any of the federal stimulus money has been mailed from the U.S. Treasury to millions of families that live paycheck-to-paycheck — families in parts of the country may be facing higher utility bills not caused by weather, but by legislatively-permitted rate hikes. Maintaining livable conditions, which is dependent on adequate and constant electrical power for homes, businesses and hospitals, is essential for the success of both mandated and voluntary quarantine efforts. Even during “normal” times, people on ventilators have died because of power shutoffs following their inability to keep current their utility bills. Some states have been...
