Ironically, the FOCUS Act, which is about limiting government overreach may be overreaching. The stated purpose of the FOCUS Act is to dial back the enforcement powers granted to the federal government under the Lacey Act.
The Lacey Act is a 1900 conservation law that prohibits trade in "illegal wildlife, fish, and plants." Many people support the basic foundation of the Lacey Act, but Congress can't leave well enough alone. There were amendments in 1935, 1969, 1981, 1988, and 2008. The 2008 amendment extended the term "illegal" to include plants and animals that are harvested outside of the laws of other countries. The result is a law that allows the government to shut down Gibson Guitar Corp. for using wood that was "illegally logged" in Madagascar and India.
Because the Gibson Guitar case is so controversial, the FOCUS Act has a lot of support among conservatives. But few of those supporters are aware of what I believe are unintended consequences of modifying or repealing the Lacey Act.
According to Jon Adler, executive director of the Federal Law Enforcement Officers Association (FLEOA), the FOCUS Act would remove the legal authority for federal wildlife officers to carry guns.
And let's be clear here. We are not talking about game wardens that spend all of their time preventing Yogi Bear and Boo-Boo from stealing picnic baskets. We are talking about crime fighters, sheepdogs who could be defanged, even though their jobs are some of the most dangerous in federal law enforcement.