In regard to the kerfuffle involving the National Rifle Association and H.R. 5175, the “Disclose Act”, there has been a lot of bashing of the NRA by conservatives and a number of organizations devoted to preserving our Second Amendment rights, based on accusations that America’s primary gun owners’ rights group has “sold out” to the anti-gun left in order to exempt themselves from the provisions of a bill which would strip other Second Amendment advocacies of certain rights while having no significant effect on the NRA.

Columnists, bloggers and even other “gun groups” for whose opinions, common sense and patriotic beliefs we here at Hard Astarboard have a great deal of respect express the above sentiment, and here we feel we must disagree.

Seth, Wolf and I are all life members of the NRA and appreciate the hard work they’ve done in the legislative area (the Institute for Legislative Action, NRA-ILA is perpetually, tirelessly and with almost superhuman tenacity all over state legislatures, city councils and both house of Congress) to preserve our Second Amendment rights. The NRA provides a plethora of useful and educational services, including firearms safety.

To the meat of the affair: The NRA-ILA is a legislative behemoth supported by millions of members and is the front line of the defense of our right to keep and bear arms. Their very size, financing and therefore powerful voice are intimidating to the left and to the elected and appointed flunkies of the left, and because of this the NRA’s opposition to H.R. 5175 caused the political opposition to make an accommodation.

The NRA had no intention of cutting out the “little guys”, as it were, but they also have a self appointed and therefore selfless duty to their members and indeed to all gun owning Americans to stay in the box and continue fighting the good fight on our behalf.

To quote Mike Piccione, editor of Guns & Patriots in a recent newsletter:

There were a lot of conservatives bad-mouthing the NRA last week. Most of the talkers aren’t even NRA members, so they have that in common with Obama, Pelosi & Hillary. I trust Wayne LaPierre to protect my gun rights more than whining critics with soft hands that spend more time holding a blow-dryer than a gun. I feel for my $2 a month I get value from the NRA that can’t be delivered from any other organization. If someone is bashing the NRA what is their real agenda anyway?

To hear the NRA’s side of the story, here:

NRA-ILA Executive Director Chris W. Cox’s Letter to Members of Congress on H.R. 5175, the Disclose Act

Read the document here in PDF format:

May 26, 2010

Dear Member of Congress:

I am writing to express the National Rifle Association’s strong concerns with H.R. 5175, the DISCLOSE Act, as well as our opposition to this bill in its current form. It is our sincere hope that these concerns will be addressed as this legislation is considered by the full House.

Earlier this year, in Citizens United v. FEC, the Supreme Court struck down the ban on certain political speech by nonprofit membership associations such as the NRA. In an attempt to characterize that ruling as something other than a vindication of the free speech and associational rights of millions of individual American citizens, H.R. 5175 attempts to reverse that decision.

Under the First Amendment, as recognized in a long line of Supreme Court cases, citizens have the right to speak and associate privately and anonymously. H.R. 5175, however, would require the NRA to turn our membership and donor lists over to the government and to disclose top donors on political advertisements. The bill would empower the Federal Election Commission to require the NRA to reveal private, internal discussions with our four million members about political communications. This unnecessary and burdensome requirement would leave it in the hands of government officials to make a determination about the type and amount of speech that would trigger potential criminal penalties.

H.R. 5175 creates a series of byzantine disclosure requirements that have the obvious effect of intimidating speech. The bill, for example, requires “top-five funder” disclosures on TV ads that mention candidates for federal office from 90 days prior to a primary election through the general election; “top-two funder” disclosure on similar radio ads during that period; “significant funder” and “top-five funder” disclosures on similar mass mailings during that period; and “significant funder” disclosure for similar “robocalls” during that period. Internet communications are covered if placed for a fee on another website, such as the use of banner ads that mention candidates for federal office. Even worse, no exceptions are included for organizations communicating with their members. This is far worse than current law and would severely restrict the various ways that the NRA communicates with our members and like-minded individuals.

While there are some groups that have run ads and attempted to hide their identities, the NRA isn’t one of them. The NRA has been in existence since 1871. Our four million members across the country contribute for the purpose of speaking during elections and participating in the political process. When the NRA runs ads, we clearly and proudly put our name on them. Indeed, that’s what our members expect us to do. There is no reason to include the NRA in overly burdensome disclosure and reporting requirements that are supposedly aimed at so-called “shadow” groups.

On the issue of reporting requirements, the bill mandates that the NRA electronically file all reports with the FEC within 24 hours of each expenditure. Within 24 hours of FEC posting of the reports, the NRA would be required to put a hyperlink on our website to the exact page on which the reports appear on the FEC’s website - and keep that link: active for at least one year following the date of the general election. Independent Expenditure reports would have to disclose all individuals who donate $600 or more to the NRA during the reporting period and Electioneering Communication reports would have to disclose all individuals who donate $1,000 or more to the NRA during the reporting period. There are literally thousands of NRA donors who would meet those thresholds, so these requirements would create a significant and unwarranted burden.

Some have argued that under the bill, all the NRA would have to do to avoid disclosing our $600 or $1,000 level donors is to create a “Campaign-Related Activity Account.” Were we to set up such an account, however, we would be precluded from transferring more than $10,000 from our general treasury to the account; all individual donors to that account would have to specifically designate their contributions in that manner and would have to limit their contributions to $9,999; the burdensome disclosure requirements for ads, mailings and robocalls would still apply; and the NRA would be prohibited from spending money on election activity from any other source - including the NRA’s Political Victory Fund (our PAC). In sum, this provision is completely unworkable.

Unfortunately, H.R. 5175 attacks nearly all of the NRA’s political speech by creating an arbitrary patchwork of unprecedented reporting and disclosure requirements. Under the bill, the NRA would have to track the political priorities of each of our individual members - all four million of them. The cost of complying with these requirements would be immense and significantly restrict our ability to speak.

As noted above, there is no legitimate reason to include the NRA in H.R. 5175’s overly burdensome disclosure and reporting requirements. Therefore, we will continue to work with members from both parties to address these issues. Should our concerns not be resolved - and to date, they have not been - the NRA will have no choice but to oppose passage of this legislation.

Sincerely,

Chris W. Cox
Executive Director

Continuing:

Statement From The National Rifle Association On H.R. 5175: DISCLOSE ACT

We appreciate the concerns that some NRA members have raised regarding our position on H.R. 5175, the “DISCLOSE Act.” Unfortunately, critics of our position have misstated or misunderstood the facts.

We have never said we would support any version of this bill. To the contrary, we clearly stated NRA’s strong opposition to the DISCLOSE Act (as introduced) in a letter sent to Members of Congress on May 26 (click here to read the letter).
Through the courts and in Congress, the NRA has consistently and strongly opposed any effort to restrict the rights of our four million members to speak and have their voices heard on behalf of gun owners nationwide. H.R. 5175 would put a gag order on the NRA during elections and threaten our members’ freedom of association, by forcing us to turn our donor lists over to the federal government. We would also be forced to list our top donors on all election-related television, radio and Internet ads and mailings—even mailings to our own members. We refuse to let this Congress impose those unconstitutional restrictions on our Association.

The NRA provides critical firearms training for our Armed Forces and law enforcement throughout the country. This bill would force us to choose between training our men and women in uniform and exercising our right to free political speech. We refuse to let this Congress force us to make that choice.

We didn’t “sell out” to Nancy Pelosi or anyone else. We told Congress we opposed the bill. As a result, congressional leaders announced they would exempt us from its draconian restrictions on free speech. If that happens, we will not be involved in the final House debate. If it doesn’t, we will continue to strongly oppose the bill.

Our position is based on principle and experience. During consideration of the previous campaign finance legislation passed in 2002, congressional leadership repeatedly refused to exempt the NRA from its provisions, promising that our concerns would be fixed somewhere down the line. That didn’t happen; instead, the NRA had to live under those restrictions for seven years and spend millions of dollars on compliance costs and on legal fees to challenge the law. We will not go down that road again when we have an opportunity to protect our ability to speak.

There are those who say the NRA should put the Second Amendment at risk over a First Amendment principle. That’s easy to say unless you have a sworn duty to protect the Second Amendment above all else, as we do.

The NRA is a bipartisan, single-issue organization made up of millions of individual members dedicated to the protection of the Second Amendment. We do not represent the interests of other organizations. That’s their responsibility. Our responsibility is to protect and defend the interests of our members. And that we do without apology.

And here:

NRA-ILA Executive Director Chris W. Cox’s Message on H.R. 5175

I appreciate the concerns that some NRA members have raised regarding the NRA’s position on H.R. 5175, the “DISCLOSE Act”. Regrettably, our position has been misstated by some and intentionally misrepresented by others. I hope you’ll allow me to provide the proper context.

The U.S. Supreme Court’s Citizens United decision was a significant victory for free speech and the Constitution. The NRA filed a strong brief in that case, which the Court specifically cited several times in its opinion. The DISCLOSE Act is an attempt to reverse that victory and that’s why we told Congress we oppose it.

The NRA has never supported–nor would we ever support — any version of this bill. Those who suggest otherwise are wrong.

The restrictions in this bill should not apply to anyone or to any organization. My job is to ensure they don’t apply to the NRA and our members. Without the NRA, the Second Amendment will be lost and I will do everything in my power to prevent that.

We believe that any restriction on political speech is repugnant. But some of our critics believe we should put the Second Amendment at risk over a First Amendment principle to protect other organizations. That’s easy to say–unless you have a sworn duty to protect the Second Amendment above all else, as I do.

The NRA is a single-issue organization made up of millions of individual members dedicated to protecting the Second Amendment. We do not represent the interests of other organizations. Nor do all groups fight all issues together. For example, we didn’t support the U.S. Chamber of Commerce when it backed amnesty for tens of millions of illegal aliens and we did not join the Chamber in its support of President Obama’s stimulus bill. And we’ve been in direct opposition when the Chamber has tried to restrict Second Amendment rights in publicly accessible parking lots.

Rather than focusing on opposing this bill, some have encouraged people to blame the NRA for this Congress’s unconstitutional attack on free speech. That’s a shame. If you oppose this bill, I hope you will contact your Member of Congress and Senators so they can hear from you.

Listen to whomever you like and draw whatever conclusions you will, but our position at Hard Astarboard is that there was no wrongdoing on the part of the NRA.