Below The Radar: HR 6110 – The Defective Firearms Protection Act

U.S.A. –-(Ammoland.com)- One of the things that Second Amendment supporters have known for a long time is that the big threats don’t have to come from elected officeholders. True, they can pass sweeping laws, but the conditions that would enable such passage are very rare. The best chance anti-Second Amendment extremists had was in the wake of the Sandy Hook shooting, and they failed to get a federal ban on modern multi-purpose semi-automatic firearms.

But then again, history teaches us that sweeping legislation is not the only threat. We can also face a threat from bureaucrats and the administrative state. In some ways, this threat is worse than that from lawmakers. Why? Because the bureaucrats and administrative state is always there… even as lawmakers come and go.

This is why HR 6110, The Defective Firearms Protection Act, introduced by Representative Debbie Dingell, should be a very big deal. This very short bill, two pages long in its official form. It has two very short sections and counting the labeling of the section titles, it is all of 79 words long.

But these 79 words mark a monumental shift in power from elected officials that the American people can hold accountable to the administrative state, with grave implications for the ability of Americans to exercise their Second Amendment rights. It’s not what the law puts in place, it’s the restriction that it lifts which Second Amendment supporters should worry about.

Under 15 USC 2052, firearms of all types are not considered consumer products, and under 15 USC 2079, firearms are generally excluded from the jurisdiction of the Consumer Product Safety Commission.

According to a release from Representative Dingell’s office, HR 6110 will give the Consumer Product Safety Commission power over our Second Amendment rights.

“Because the Consumer Product Safety Commission lacks the authority to recall firearms, faulty guns remain on the market and pose a risk to public and household safety,” said Dingell in the release. She went on to press the nonsense claim that more is done to regulate products like highchairs and bicycles than firearms.

Now, we know that is bunk. There are plenty of laws covering firearms. And like any other product, the owner of a firearm can sue if the firearm is truly defective. And no Second Amendment supporter wants unsafe firearms out there. Then again, the trick is, how do you define an “unsafe” firearm? Anti-Second Amendment extremists are certain to have a very… expansive definition.

Keep in mind, the Violence Policy Center long held the position that handguns and modern multi-purpose long guns should be banned as inherently unsafe. The transfer of power to the CPSC could give anti-Second Amendment extremists a chance to achieve sweeping gun bans, and there would be few options to hold them accountable.

Imagine the CPSC telling Rock River Arms to stop making all of their modern multi-purpose semi-automatic firearms. The company would have to comply or face civil and criminal penalties. Litigation would also be much more difficult that in challenging a law.

The Defective Firearms Protection Act is an extremely dangerous piece of legislation. Second Amendment supporters should be contacting their Representatives and Senators and politely urging them to oppose HR 6110. Instead, urge them to back firearms safety education and training, like that provided by the National Rifle Association.

About Harold Hutchison

Writer Harold Hutchison has more than a dozen years of experience covering military affairs, international events, U.S. politics, and Second Amendment issues. Harold was consulting senior editor at Soldier of Fortune magazine and is the author of the novel Strike Group Reagan. He has also written for the Daily Caller, National Review, Patriot Post, Strategypage.com, and other national websites.