http://www.cleveland.com/open/index.ssf/2010/07/debtors_could_keep_guns_under.html
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WASHINGTON, D.C. — Rep. John Boccieri thinks people in bankruptcy should stick to their guns.
On Tuesday, the House of Representatives debated a bill authored by the freshman Democrat that would allow people undergoing bankruptcy proceedings to retain rifles, shotguns, and pistols worth up to $1,500 without having them seized by creditors.
"We must protect the rights guaranteed to us by our founding fathers, no matter what financial circumstances a citizen might face," said the Alliance congressman, describing how guns like the M1 rifle he inherited from his grandfather are precious heirlooms in many families.
In a speech on the House of Representatives floor, Boccieri said guns shouldn't be treated any differently from other household items, like radios, televisions, musical instruments, jewelry and linens, that people who declare bankruptcy are allowed to keep.
New York Democratic Rep. Carolyn McCarthy, whose husband was killed by a gunman who opened fire on a commuter train, argued against Boccieri's proposal. She said she sees no reason why guns should have a "special carveout" under bankruptcy law.
"This bill wrongly puts guns before the health and safety of families," said MCCarthy, who observed that financial problems can lead to suicides and homicides. A vote on Boccieri's bill was postponed until Wednesday at McCarthy's request.
Boccieri's bill is endorsed by the National Rifle Association, and cosponsored by a bipartisan group of congress members that includes Bainbridge Township GOP Rep. Steve LaTourette.
"We think it is reasonable for folks who are in financial distress to have an effective means of defending themselves, should the need arise, and also to be able to hunt and to use a firearm for legal means," said National Rifle Association spokesman Andrew Arulanandam.
Vermont Democrat Patrick Leahy introduced a similar bill in the U.S. Senate on Tuesday. Leahy noted that several states have enacted specific bankruptcy exemptions for firearms in their states and the proposed law would only affect debtors who choose, where they're permitted, to use federal exemptions.
Boccieri's bill was dismissed as "election-year posturing" by his GOP congressional opponent, former Wadsworth mayor Jim Renacci. Renacci spokesman James Slepian criticized Boccieri for supporting Nancy Pelosi – who has an "F" rating from the NRA -- as Speaker of the House. Boccieri has an "A" rating from the group.
"By electing Jim Renacci as their next Congressman, the people of the 16th district will have a Representative who will stand up for Second Amendment rights each and every day he serves – not just in an election year," Slepian said.
A Georgetown University Law School bankruptcy expert posted a blog item about the bill that predicted it would affect fewer than 1,000 people in the country each year. Writing at creditslips.org, Associate Professor Adam Levitin observed that Ohio is among the states where firearms are already exempted under bankruptcy laws. Levitin did not return a call and email to his office on Tuesday.
"There's a very strange bit of paternalism involved in exempting firearms," Levitin wrote. "Most gun-rights advocates cringe at anything that smacks of paternalism, but a firearms exemption in bankruptcy basically tells debtors that the government thinks they should spend their income on firearms, rather than other forms of property."
UPDATE: On Wednesday afternoon, the House of Representatives adopted Boccieri's bill by a 307-113 vote. The value of guns that debtors could retain was changed to $3,000.
