ITAR and free speech.

D

Dixie Gunsmithing

Moderator Emeritus
A letter has been sent to John Kerry, signed by 28 US Senators, on Agust 3rd, demanding that we firearms owners and gunsmiths free speech be protected while on the internet. They stated that this new redefining of wording "represents a prior restraint of free speech and lacks the necessary constitutional protections for such free speech". It ends by stating that "we urge the State Department to modify or delay these misguided changes to the ITAR".

The entire letter, in pdf, can be found here:

https://www.daines.senate.gov/imo/media/doc/ITAR%20Amendment--Revisions%20to%20Definitions%3b%20Data%20Transmission%20and%20Storage.pdf

An article about it, from the NRA, can be found here:

http://cdn.nraila.org/articles/20150807/freedom-advocates-pro-gun-senators-unite-to-oppose-the-obama-administration-s-attempt-to-censor-information-about-firearms-technology
 
An earlier letter was sent to John Kerry by Senator Chuck Grassley, and the chairman of the Committee on Homeland Security and Government Affairs, Ron Johnson, on July 16th, 2015, questioning the acts of the State Department and Obama. Grassley has written about it on his website, and a link to the letter is below.

In the letter, it states: "It appears that the proposed ITAR changes seek to regulate activities that extend beyond the original intent of the ACEA to cover items that previously were not subject to ITAR."

Chuck Grassley:

http://www.grassley.senate.gov/news/news-releases/johnson-grassley-question-state-department-gun-regulations


Letter:

http://www.grassley.senate.gov/sites/default/files/judiciary/upload/2015-07-16%20CEG%20%2B%20RHJ%20to%20State%20Deparment%20%28ITAR%29.pdf
 
barnbwt, I not sure if Senator Grassley received a reply. It does seem that they didn't pay it any mind, and did what they wanted anyhow. Grassley cited his sources, within the current laws, about how they were being unconstitutional about free speech, and that the law was never intended to be what they're claiming. It gives a greater insight into what has been happening behind the scenes, before this was dropped on us.

One good thing about the last letter, is that we know of 28 Senators who stand behind we gunsmiths. We should remember these congressmen and congresswomen in November. Capito signed it, and she is from just across the river from me, so WV still has a voice, in spite of Joe Manchin, who claimed that he was for gun rights.
 
I have ran across a video, that claims that Obama did not use an executive order, concerning Export Control Reform (ECR) initiative. In fact, the ECR initiative started in 2009, but he issued the executive order in 2013, after his second term.

The redefining of the wording of the ITAR came from: "part of the President’s Export Control Reform (ECR) initiative," according to the Federal Register. It was brought about by Executive Order 11958 in 2013. "In August 2009, the President directed a broad-based interagency review of the U.S. export control system." In 2013, he gave the executive order referenced below.

From export.gov; http://2016.export.gov/ecr/ :

"The Administration is implementing the reform in three phases. Phases I and II reconcile various definitions, regulations, and policies for export controls, all the while building toward Phase III, which will create a single control list, single licensing agency, unified information technology system, and enforcement coordination center. As of August 2015, Phase I is finished and Phase II is nearly complete."

Executive order of 2013, for the the ECR:

https://www.whitehouse.gov/the-press-office/2013/03/08/executive-order-export-control-reform

and;

"Executive Order 11958 delegated authority to control exports of defense articles and services to the Secretary of State and delegated the comparable authority to control imports to the Secretary of the Treasury. The Department of State controls the export of defense articles and services on its U.S. Munitions List (USML)."

https://www.whitehouse.gov/the-pres...t-sheet-implementation-export-control-reform
 
One good thing about the last letter, is that we know of 28 Senators who stand behind we gunsmiths. We should remember these congressmen and congresswomen in November.
Click to expand...

Completely agree... ITAR doesn't affect many but it is a disaster for a few. I'm stuck branding holsters and engraving some parts until I modify my business plan. I planned on beginning production of some limited accessories before I applied for my FFL. Heck, the way ITAR reads it appears as though I can't even carve a gun stock or pistol grips out of wood if one held a very literal view of "manufacturing firearm parts." Now I can't even do that without apply for a manufacturing FFL at an extra 2k per year.

This doesn't just hurt the small start ups either. There are a bunch of local gunsmiths that do much more than just parts replacement, but don't do full-on expensive custom work all the time, who aren't getting rich. They make a decent living, but not so decent that an extra 2k a year plus whatever other regulatory and compliance fees that are sure to follow will not effect them.
 
What I'm learning on this matter is that Gunsmiths aren't so sure that they won't be charged the fee for prior years, making it difficult to decide whether they are gonna shut down.
My Smith told me there were no clear answers from the order pertaining to being charged back fees...
I can see 5 whiskey a new Smith getting a fresh start, but those who've worked in this manner for several years would take on too much debt to recover from.

Bottom line is this order lumped the small shops into the pot with the big companies who've been paying these type fees for ever.
Not right by any means...
 
I'm not a lawer and not an expert.. BUT having to deal with ITAR for my 9-5:


YOU CAN be charged with violations for infomation stated, posted, pictured. You can be held PERSONALLY liable for violations of ITAR...criminally and civilly. Normal business protections do not apply. They beat this into our heads annually. Be careful with SPECIFIC information.
 
You must log in or register to reply here.
Back
Top