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APPEARS IN Grassroots

Grassroots Alert: Vol. 13, No. 13 3/31/2006

States with updates this issue:  Alabama, Connecticut, Georgia, Illinois, Maryland, Mississippi, Nebraska, South Carolina, Texas, and West Virginia.


NEBRASKA APPROVES “SHALL-ISSUE” RIGHT-TO-CARRY;
GOVERNOR HEINEMAN PLEDGES SIGNATURE

On March 30, the Nebraska legislature gave final approval to a measure granting law-abiding Nebraska citizens the right to carry a firearm for personal protection.  Legislative Bill 454 now heads to Governor Dave Heineman’s (R) desk, where he is expected to sign it into law.  Last week, legislators in Kansas overrode Governor Sebelius’ veto of the Right-to-Carry measure in that state.

“NRA has worked patiently and diligently with the state legislature for more than a decade to bring Right-to-Carry to Nebraska, and I want to thank Governor Heineman and the bill’s chief sponsor, Senator Jeanne Combs (R-32-Milligan), for their steadfast support.  Their involvement was instrumental in the passage of this pro-Second Amendment legislation for all law-abiding citizens in their great state,” NRA-ILA Executive Director Chris W. Cox declared.

LB 454 met with overwhelming, bi-partisan support as Nebraska senators voted 33-12 in favor of the measure.  The bill allows law-abiding Nebraskans who undergo a background check to apply for a permit to carry a concealed firearm for self-protection.

When the Nebraska legislation becomes law, Wisconsin and Illinois will be the only states to categorically deny citizens the Right-to-Carry a concealed firearm for personal protection! 

“On behalf of all NRA members in Nebraska, I want to thank all the legislators who voted for LB 454,” concluded Cox.  “And as always, we appreciate the commitment and participation of our members in Nebraska for encouraging their legislators to pass Right-to-Carry.”


GOVERNOR BARBOUR SIGNS CASTLE DOCTRINE,
OTHER NRA-BACKED GUN PROVISIONS INTO LAW!

This week, Mississippi Governor Haley Barbour (R) signed two NRA-backed, high-priority bills into law.  SB 2426, a “Castle Doctrine” self-defense bill, and HB 1141, a bill containing two pro-gun, and one pro-hunting provision, for law-abiding gun owners and hunters in the state.

“I'd like to thank Governor Barbour for signing these bills and making them the law of the land in Mississippi,” said ILA's Executive Director Chris W. Cox.  “Both are important pieces of legislation that will help preserve our fundamental right to self-defense, as well as the gun rights and hunting heritage of Mississippians for generations to come.”

SB 2426 states that if a criminal breaks into your home, your occupied vehicle, or your place of business, you may presume he is there to do bodily harm and may therefore use such force as necessary against him.

Mississippi courts have consistently recognized the “stand your ground” principle--both inside and outside the home--since the late 1800s.  SB 2426 codifies such court precedent. 

Furthermore, the “Castle Doctrine” law provides protection from criminal prosecution and civil litigation for those who defend themselves from criminal attack.

HB 1141 enables hunters to continue hunting on certain-sized land tracts annexed by a city or county, even if that locality bans the discharge of firearms within its limits.  It also prohibits the seizure and confiscation of firearms by local officials in the unfortunate event of a future natural disaster in Mississippi, and permits employees to transport and store firearms in their locked, private vehicles while parked on their employer’s property if the employer does not provide secure parking separate from the public.

“On behalf of all NRA members in Mississippi, I want to thank HB 1141’s author, Representative Warner McBride (D-Courtland), and Senator Charlie Ross (R-Brandon), for their efforts in guiding this measure from concept to law,” said Cox.  “I'd also like to thank Senator Ross and Senator Ralph Doxey (R-Holly Springs) for sponsoring the ‘Castle Doctrine’ bill, as well as the leadership in the Mississippi House of Representatives for keeping both bills on track for passage.”

To view the full text of HB 1141, please visit www.mississippi.gov.


CONGRESSMAN JINDAL INTRODUCES
THE “DISASTER RECOVERY PERSONAL PROTECTION ACT OF 2006”

On March 28, U.S. Congressman Bobby Jindal (R-La.) introduced H.R. 5013, the “Disaster Recovery Personal Protection Act of 2006.”  This NRA-supported bill would amend federal emergency statute laws to prohibit local authorities from confiscating lawfully owned firearms during times of disaster.

Representative Jindal stated: “The Second Amendment is a cornerstone of our country’s freedom and independence.  Particularly during emergencies like those surrounding Hurricanes Katrina and Rita, when incidences of looting, violence and lawlessness were broadcast around the country, we must ensure that law-abiding gun owners are not deprived of their Constitutionally protected right to bear arms.  I am proud to offer this legislation to protect law-abiding citizens’ Constitutional right to bear arms and to defend their lives, families and property against lawless criminals.”

ILA’s Executive Director Chris W. Cox said, “Hurricane Katrina taught us that lawful citizens need the Second Amendment most during disaster and crisis.  New Orleans residents legally armed themselves to protect their lives and property from civil disorder.”

Thirty three states have “emergency powers” laws that give the government permission to suspend or limit gun sales, and to prohibit or restrict citizens from transporting or carrying firearms--something NRA-ILA is working to change.  In some states, authorities can seize guns outright from citizens who have committed no crime--and who would then be defenseless against disorder.

Cox added, “This bill to amend the federal disaster laws is vital for the future of America.  Legislative bodies can, and should, act to protect the self-defense rights of citizens at the times when those rights are most important.

“We would like to thank Representative Jindal for introducing this bill, and we look forward to the time when the government will never have the power to confiscate firearms from law-abiding citizens,” he concluded.

Please be sure to contact your U.S. Representative at (202) 225-3121, and urge him or her to cosponsor and support H.R. 5013, the “Disaster Recovery Personal Protection Act of 2006!”


HEARINGS PUT SPOTLIGHT ON NEED FOR BATFE REFORM

At back-to-back hearings on Tuesday, March 28, the House Judiciary Committee’s Subcommittee on Crime, Terrorism and Homeland Security, continued to focus on enforcement abuses at the Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE), and also aired opinions about a new bill to correct several issues in federal firearms law.

First, the subcommittee heard testimony from people with first-hand experience dealing with BATFE.  Virginia lawyer Richard Gardiner, who has represented many gun owners and dealers, focused on the way BATFE handles cases against federally licensed firearms dealers (FFLs)--often seeking to revoke FFLs for “trivial, immaterial violations” based on “undefined legal standards.”  Gardiner described one case where a dealer lost his license even though BATFE itself agreed his records were 99.96% accurate, and the few errors posed no threat to public safety. 

Next, Lt. Michael Lara of the Tucson Police Department recounted his personal horror story at the hands of BATFE.  After buying a gun as a gift for a friend, Lt. Lara found himself facing federal felony charges as a “straw purchaser.”  Lt. Lara lost his job, and didn’t get it back before a three-month legal nightmare cost him more than $200,000 in legal fees, lost pay and other costs.  BATFE never even interviewed him during its investigation, and the jury acquitted him in less than an hour.

At the second hearing, the subcommittee focused on H.R. 5005, Rep. Lamar Smith’s (R-TX) bill to make various technical changes and corrections in federal firearms law.  Anti-gun advocates have gone through the roof over one provision of H.R. 5005: a section that prohibits disclosure of firearms trace data outside of law enforcement investigations.  That language simply makes permanent a policy that Congress has enacted through annual appropriations riders for the past several years.  Yet at this hearing, anti-gun New York City Mayor Michael Bloomberg (R) hysterically denounced it as a “God-awful” bill that would “facilitate the shooting deaths of thousands of innocent Americans every year.”  Of course, Bloomberg’s real goal--besides publicity in the Big Apple media--is to use this confidential law enforcement information in the city’s suit against the firearms industry.  Attorney Gardiner took the opportunity to point out that “what the Mayor is saying about this bill simply is not true,” because the trace system is designed to help solve crimes, not to do statistical research.

Subcommittee Chairman Howard Coble (R-NC) and ranking member Bobby Scott (D-VA) agreed on the need to focus BATFE’s efforts on enforcing current laws against serious criminals, while not pursuing petty violations or undermining civil liberties.  To that end, the “Bureau of Alcohol, Tobacco, Firearms, and Explosives Modernization and Reform Act of 2006” will soon be introduced.  This bipartisan bill will update the legal standards for disciplining violations by FFLs.  It also calls for a review of BATFE’s enforcement practices, and clarifies BATFE’s responsibilities to keep the Bureau focused on its core mission.


“THE GLOBAL WAR ON YOUR GUNS”

NRA Executive Vice President Wayne LaPierre has aptly defined “gun control” as making the innocent pay the price for the guilty when the guilty go unpunished.  It is a clear and simple truth that no matter what element of “gun control” is applied--registration, licensing, gun rationing--there is always a next step, and another, leading to the final step:  government agents forcibly taking the private, personal property of law-abiding citizens.  LaPierre believes that on any scale, gun control never prevents anything but freedom.

That is a core theme of a new book by LaPierre titled The Global War On Your Guns.  Its subtitle, “Inside the U.N. Plan to Destroy the Bill of Rights,” spells out a chilling warning that gun owners in the United States and abroad must heed.  The book exposes a far-reaching scheme to pass a global ban on civilian ownership of arms--including YOURS! 

To learn how you can fight the U.N.’s Global Gun Ban and save your Right to Keep and Bear Arms, order Wayne LaPierre’s new book The Global War On Your Guns.  Just make a donation of $20.00 or more to NRA at www.stopUNgunban.org or call (800) 672-0636 to charge your donation today.

(Contributions, gifts or membership dues made or paid to the NRA are not refundable or transferable, and are not deductible as charitable contributions for Federal income tax purposes.)


NRA EMPLOYEE NAMED TO SPORTMEN'S COUNCIL

A national “Sporting Conservation Council” has been created to advise the Secretary of the Interior on resource conservation issues of importance to the hunting community.  Among the topics that will be addressed is access to hunting on federal lands.  The twelve-member Council was announced during the North American Wildlife and Natural Resources Conference in Columbus, Ohio.  Susan Recce, NRA’s Director of Conservation, Wildlife and Natural Resources, was tapped to serve on the Council for a two-year term.  In addition to access, the Council is expected to advise the Interior Secretary about wildlife conservation initiatives that benefit hunting and wildlife.  In making the announcement about the Council, outgoing Secretary Gale Norton said that a “careful appraisal determined that no other entities exist that adequately represent the views of the hunting and conservation communities and she therefore deemed it worthwhile to create the Council under the provisions of the Federal Advisory Committee Act.”


PLAN TO ATTEND FREE  MILWAUKEE GRASSROOTS WORKSHOP!

The NRA-ILA Grassroots Division will host its FREE Grassroots Workshop in conjunction with NRA’s Annual Meetings in Milwaukee.  This Workshop has been a regular part of NRA’s Annual Meetings for a decade.  At this event, you will hear from NRA officers, NRA staff, and your fellow NRA members on what you can do in your own community to ensure victory for the Second Amendment in this year’s elections.

We will also discuss how you can work with your local Election Volunteer Coordinator (EVC). Your EVC is a local NRA member who is working with the various pro-gun campaigns in his area to provide critically-needed volunteer support for a variety of activities, including:  phone banks, precinct walks, literature drops, voter registration drives, Get Out The Vote & Election Day activities, etc. EVCs also promote NRA-ILA’s legislative agenda at the federal and state levels.

With the 2006 campaign season in full swing, it is critical that we start implementing our grassroots battle plan to ensure we are ready to meet these electoral challenges head on as Election Day 2006 approaches.  Rest assured, the anti-gunners are already doubling their efforts to ensure the defeat of pro-Second Amendment candidates in critical elections across the country, so we must ensure we are prepared to defeat their efforts at every turn. 
 
Workshop details are:

NRA-ILA Grassroots Workshop-FREE!
Friday, May 19, 2006, 9:00 a.m. - 12:00 Noon
(Registration & free continental breakfast-8:00 - 9:00 a.m.) 
Hilton Milwaukee City Center
Crystal Ballroom
509 W. Wisconsin Avenue
Milwaukee, WI 53203

To reserve your seat, or for more information, please call NRA-ILA at  (800) 392-VOTE (8683).  You may also register on-line at www.nraam.org/seminars/grassroots.asp.  We hope to see you in Milwaukee on Friday, May 19!


NRA-ILA “MIX N’ MINGLES”

How often do you get the opportunity to mix n’ mingle with NRA-ILA Headquarters staff and fellow NRA members in your community, to earn FREE NRA items, and to assist with the efforts of candidates seeking office in your area?  Well, in preparation for the 2006 elections, you will have the opportunity to do just that.
 
This election year, NRA-ILA will be hosting FREE NRA-ILA Mix N’ Mingles across the country.  These events will provide NRA members with training on what they can do locally to propel candidates to victory this election season. The meetings also provide attendees the opportunity to meet and socialize with lawmakers, candidates and their staffs, NRA-ILA Headquarters staff, and fellow area NRA members--and to earn FREE NRA fraternal items such as hats, pocketknives, buttons, etc.  Mix N’ Mingles, including materials, food, beverages, and NRA items, are FREE!

Mix N’ Mingle events are scheduled for:

- Lorain, OH -- 04/08/06
- Eau Claire, WI -- 05/23/06
- Ashland, WI -- 05/24/06

NRA members who have access to the Internet can go to www.nraila.org/workshops/ to reserve their seats on-line.  NRA members are encouraged to check this website address frequently to see if any upcoming “Mix N’ Mingles” are scheduled in their area.  NRA members may also contact the NRA-ILA Grassroots Division at (800) 392-VOTE (8683) for details and to reserve their seats.


A LOOK AT THE STATES

(***For all of the action items below, you can find contact information for your legislators by using the “Write Your Representatives” tool at www.NRAILA.org. As always, thank you for your support.***)

States with updates this issue:  Alabama, Connecticut, Georgia, Illinois, Maryland, Mississippi, Nebraska, South Carolina, Texas, and West Virginia.

ALABAMA
Senate Bill 283, the “Castle Doctrine” bill, which removes the duty to retreat in the face of attack, passed the House by a vote of 82 to 9.  SB 283, sponsored by Senator Larry Means (D-10), is now awaiting Governor Riley’s (R) signature.  Please take a moment to call your State Representative and thank him or her for protecting Alabama’s right to self-defense.  The general phone number for the House of Representatives is (334) 242-7600.  Also, please call your State Senator to thank him or her for passing SB 283 out of the State Senate on an overwhelming vote of 30 to 2.  The general phone number for the State Senate is (334) 242-7800.  To view the history and see the vote count on this important piece of legislation, please use the  “Bills” and “Status” feature for SB 283 found at the following link, http://alisdb.legislature.state.al.us/acas/ACASLogin.asp.

CONNECTICUT
Right now in Hartford, lawmakers are considering legislation that will have gun owners shaking in their shoes!  The anti-gun crowd has redoubled their efforts to pass last year’s proposal to make it a crime to fail to report the loss or theft of a firearm within 72 hours from when you “knew or should have known” of the theft.  This year’s version is outrageous!  HB 5818 now includes language that would subject gun owners to criminal investigation and jeopardy of prosecution even if they report the theft, because a court will now be given the authority to decide whether the firearm was stored in such a manner that provided “substantial and unjustifiable risk” that it would be stolen.  Even worse, if the police recover the firearm before the gun owner has discovered it missing and made a report, it will be considered automatic evidence of guilt of violation of this proposed law, as well as guilt of an illegal transfer.  Conviction of the “illegal transfer,” which is a felony, would permanently end your right to own a firearm!  If all of that isn't bad enough, this proposal actually helps the real bad guy -- the gun trafficker!  Supporters of HB 5818 claim they need this to become law because it would stop “straw purchasers,” or people with clean records that purchase firearms and hand them over to people who are prohibited from possessing a firearm, from falsely claiming the guns were stolen after they are detected and tracked down by police.  Under HB 5818, a “straw purchaser” would simply buy guns and call police to report them stolen within 72 hours of handing them over to the trafficker. The “straw purchaser,” who has probably made a nice buck for his trouble, has complied with this proposed law, indemnified himself against felony charges, and left the police with nowhere to go!   HB 5818 must be stopped!  Call your lawmakers TODAY and strongly urge them to OPPOSE HB 5818!   The phone number to the Connecticut General Assembly is (860) 240-0100.  Also contact Governor Jodi Rell (R) at (860) 566-4840 to voice your strong opposition to this bill.  Governor Rell, who supports this legislation, should consider saving all the money the state would spend investigating and prosecuting law-abiding gun owners and use it to fund the state’s now defunct Anti-Trafficking Task Force, which was dedicated to catching real criminals.  It’s just further proof that Rell, her Department of Public Safety and the anti-gun crowd aren’t serious about crime-fighting at all -- they just want to attack legal gun ownership.

GEORGIA
The General Assembly adjourned Thursday, March 30.  Georgia’s NRA members achieved a great victory this session with the passage of SB 396, the “Castle Doctrine” bill.  SB 396 has been sent to Governor Sonny Perdue (R) for his signature.  Please be sure to thank your State Senator and State Representative for their support of this important piece of legislation.  The general phone number for the Legislature is (404) 656-5000.

ILLINOIS
Thanks to the efforts of those who contacted their State Senators, HB 4853 was amended in the Senate to exclude ammunition.  As originally passed by the House, HB 4853 could have been used to target ammunition manufacturers, distributors, users, and owners of property where firearms are lawfully discharged.  This legislation now moves back to the House, so please contact your State Representative and urge him to support the Senate amendment that removes ammunition from the scope of HB 4853.  The general phone number for the Illinois House of Representatives is (217) 782-8223.

MARYLAND
On March 25, the Senate approved SB 907, the NRA-backed Range Protection bill, by a vote of 34 to 11.  Senate Bill 907, sponsored by Senator John Astle (D-30) and Senator E.J. Pipkin (R-36), now advances to the House of Delegates for consideration.  SB 907, the NRA-backed range protection bill would protect Maryland’s well-established shooting ranges from frivolous noise lawsuits aimed at shutting them down.  Be sure to check www.NRAILA.org frequently for updates on this important bill and to see what you can do to help ensure its passage.   The future of Maryland’s shooting ranges depends on it!  Lastly, a special thank you to all Maryland NRA members who called their Senators to voice their support of SB 907. The calls worked, and Maryland’s shooting ranges are another step closer to being protected!

MISSISSIPPI
This week, Governor Haley Barbour (R) signed SB 2426, the NRA-backed “Castle Doctrine” and self-defense reform law sponsored by Senator Charlie Ross (R-20) and Senator Ralph Doxey (R-2).  This important measure creates a presumption that if someone is breaking into your home, occupied vehicle, or place of business, they are there to cause you serious bodily harm or death, and you may use any manner of force to protect yourself and your family.  The bill also codifies that you have no “duty to retreat” from a violent criminal attack if you are not the initial aggressor and you’re in a place where you have a right to be.  Lastly, it contains certain safeguards from criminal prosecution for victims who justifiably use deadly force to protect themselves and provides immunity from civil liability in those cases.  This new law takes effect July 1.  Thank you for your calls and e-mails in support of SB 2426 during the legislative session!  Thanks also go out to Representative Steve Holland (D-16) and Representative Gary Chism (R-37) for sponsoring the House versions of this measure, and to House leadership for keeping the issue on track for passage this year.  Also this week, the House and Senate adopted the conference committee report on SB 2075 by Senator Lynn Posey (D-36), NRA-supported “No-Net-Loss of Hunting Lands” legislation.  This bill requires the opening of compensatory hunting land if an area is closed to the sport and addresses one of the greatest challenges facing sportsmen today--adequate access to public hunting lands.  SB 2075 is awaiting Governor Barbour’s signature.

NEBRASKA
On March 30, the Legislature gave final approval to a measure granting law-abiding Nebraska citizens the right to carry a firearm for personal protection. Legislative Bill 454, sponsored by Senator Jeanne Combs (I-32), now heads to Governor Dave Heineman’s desk, where he is expected to sign it into law.  Congratulations Nebraska! 

SOUTH CAROLINA
H 4681, introduced by Representative Mike Pitts (R-14), is scheduled to be heard next Thursday, April 6, in the House Judiciary Committee’s Constitutional Laws Subcommittee.  This legislation would remove the ability of local governments to restrict the use, sale, or transportation of firearms during a state of emergency, and would also prohibit South Carolina Law Enforcement Division (SLED) from releasing the personal information of Right-to-Carry (RTC) permit holders unless the request for the information is part of an investigation by law enforcement.  H 4681 would prevent outrageous abuses of power such as that took place in New Orleans in the wake of Hurricane Katrina, when local authorities decided they should disarm law-abiding citizens, leaving countless people helpless to defend themselves against violent criminals during a time of virtual anarchy.  It would also prevent anti-gun newspapers from harassing law-abiding RTC permit holders by publishing their personal information.  In addition, H 4837, introduced by Representative Jeff Duncan (R-15), is also scheduled to be heard.  This legislation would prohibit employers from imposing regulations that restrict employees from transporting and storing firearms in their locked, private vehicles while parked on their employer’s property.  Please contact the members of the Constitutional Laws Subcommittee and urge them to support H 4681 and H 4837.  A list of the members of the Constitutional Laws Subcommittee can be found by going to www.scstatehouse.net/html-pages/housecommlst.html#jud, then clicking the “Subcommittee Assignments” link.  The general phone number for the South Carolina House of Representatives is (803) 734-2010.

TEXAS
Primary runoff elections will be held on Tuesday, April 11 in the statewide race for Court of Criminal Appeals, Place 8, and in certain State House races listed on www.nrapvf.org.  Please check to see whether a runoff election is being held in your area and to see how the candidates measure up on issues of importance to gun owners and sportsmen.  Early voting for this election will run from Monday, April 3, through Friday, April 7.  Please visit www.sos.state.tx.us/elections/voter/votregduties.shtml to find your county elections office’s contact information, where you can learn about early voting locations.  Spread the word to your family, friends, and co-workers about the primary runoff elections, because every vote counts!

WEST VIRGINIA
On March 30, Governor Manchin (D) signed HB 3119, the NRA-supported “No-Net-Loss of Hunting Lands” legislation.  HB 3119, sponsored by Delegate Speaker Robert Kiss (D-27), requires the opening of compensatory hunting land if an area is closed to the sport and addresses one of the greatest challenges facing sportsmen today--adequate access to public hunting lands.  Thank you to Speaker Kiss for sponsoring, and Governor Manchin for signing, this important legislation that will ensure West Virginia’s strong hunting heritage to continue for generations to come.

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.