States with updates this issue: California, Louisiana, Michigan, New Jersey, New York, Utah.
SAN FRANCISCO SUPERIOR COURT REJECTS GUN BAN --
SECOND AMENDMENT UPHELD!
This week, San Francisco Superior Court Judge James Warren struck down the San Francisco handgun ban, asserting that under California law, local officials do not have the authority to ban firearms from law-abiding citizens. NRA-ILA opposed the ban from its inception, both at the ballot box and in court.
NRA Executive Vice President Wayne LaPierre stated, "This ruling is a major victory for freedom and for the National Rifle Association. Proposition H was an ill-conceived gun ban scheme that would have violated the rights of only the law-abiding in San Francisco. We fought this outrageous attack on the constitutional rights of the good guys and we prevailed. We are determined not to see this gross injustice happen again and will fight any effort by politicians to resurrect this faulty proposal."
The San Francisco gun ban would have prohibited law-abiding city residents from purchasing firearms - rifles, shotguns and handguns - for any lawful reason, whether for self-defense, hunting or recreational shooting. In addition, current law-abiding gun owners would have to surrender their registered handguns to the police.
NRA-ILA Executive Director Chris W. Cox stated, "We are pleased with the decision of Judge James Warren of the California Superior Court. In today’s ruling, Judge Warren ruled California law prohibits a city or county from banning handgun possession by law-abiding adults. This ruling supports the premise of NRA’s argument. The NRA filed it’s lawsuit soon after Proposition H passed arguing that the proposition was in violation of California preemption laws that say firearm laws are regulated by the state."
The San Francisco Police Officers Association also opposed the ban, stating that the new law nullified "the personal choice of city residents to lawfully possess a handgun for self-defense purposes."
Cox continued, "It seems evident that the authors of this measure either intentionally misled voters during the election or authored this proposed measure with gross disregard of California law. Regrettably, the biggest losers were the voters in this municipality who had to bear the considerable financial burden to satisfy the careless political whim of their elected officials."
NRA and its Civil Rights Defense Fund presently support more than 60 cases involving the constitutional rights of gun owners. NRA has recently filed lawsuits challenging gun confiscations in the wake of Katrina (NRA v. New Orleans) and to clarify California’s so-called "assault weapon" law (Hunt v. Lockyer). It has now successfully challenged the San Francisco gun ban (NRA v. San Francisco), and is challenging seizures of firearms at New York and New Jersey airports contrary to federal safe passage law (John Torraco and William Winstanley in New York and Gregg Revell in New Jersey). Successes include striking down unconstitutional laws in Wisconsin (State v. Hamdan), New Mexico (Baca v. New Mexico Department of Public Safety), Oregon (State v. Dalgado), and West Virginia (State ex rel. City of Princeton v. Buckner). NRA also supported cases involving successful self-defense, for example, Jeffrey Kinder, Sr., and Jeffrey Kinder III (Arizona) and Tracey Roberts (Iowa).
BLOOMBERG CRUSADE CONTINUES --
OPPOSITION MOUNTS
As New York City Mayor Michael Bloomberg (R) continues his crusade against law-abiding gun owners, the chorus of those criticizing his approach has grown louder.
On June 5, Bloomberg proposed to the city council a package of gun control measures, that included, among other proposals, measures to limit lawful handgun purchases to one every 90 days and a ban on what the mayor dubs "gun coloration" kits. These proposals are fast on the heels of Bloomberg’s testimony in Congress and media tour in opposition to federal pro-gun legislation that would restrict use of BATFE trace data to bolster politically-motivated lawsuits against firearm dealers.
While rationing the rights of law abiding citizens to purchase only a single handgun every three months is anathema to our constitutionally-protected freedom (imagine a law restricting church attendance or writing a letter to the editor to once every 90 days), it is also ineffective, as evidenced by South Carolina repealing its 30-day gun rationing law.
As for the mayor’s proposal to ban DuraCoat, a.k.a. paint, The Chippewa Herald (June 13) reports that Steve Lauer, who owns the company that produces the gun finishing product, doesn’t even sell the product in New York City, finding only two customers in the Big Apple in his records. The product is often used by search and rescue teams to aid them in retrieving dropped firearms. As Lauer opined, "Our customers are all avid hunters, and law enforcement, not gang bangers. We’re not getting orders from New York City. If all they want to do is change the color, they can do that with a "$1.99 can of spray paint from the hardware store."
Among the mayor’s other publicity stunts was a series of sting operations of out-of-state gun dealers by private investigators. In the June 5 edition of the New York Sun, Wally Nelson, former BATFE deputy assistant director, let the mayor and the Sun’s readers know what he thought about this undertaking. Calling this undercover operation an "embarrassment," Nelson noted that Bloomberg "sent amateurs off to play ‘cops,’ without bothering to coordinate with the [BATFE] or his own police department."
In addition to Nelson’s accusations of amateurism, he noted the danger this stunt posed to law enforcement: "[the sting] has jeopardized over a dozen ongoing criminal investigations, putting law enforcement officers at risk….. The ill-considered use of trace data -- like conducting private investigations -- can be dangerous."
Nelson’s professional recommendation on releasing the sensitive trace data that Bloomberg so eagerly wants to aid his litigation --"These restrictions must remain in place to prevent ATF’s national firearms trace database from being misused in the public domain" Incidentally, this opinion was shared by the mayor’s own Police Commissioner, Ray Kelly, who noted similar concerns four years ago when he wrote the U.S. Attorney General that releasing this information "seriously jeopardizes not only the investigations, but also the lives of law enforcement officers, informants, witnesses, and others." Also adding its voice to this chorus of opposition is the Fraternal Order of Police, whose National President, Chuck Canterbury, wrote in May of its "strong support" for federal legislation to "prohibit disclosure of firearms trace data by the [BATFE]…to non-law enforcement entities."
FRENCH HIGH COURT UPHOLDS SOROS CONVICTION
The June 14 issue of the Washington Post reports that, the highest court in France (the Court of Cassation) upheld a conviction for insider trading against billionaire anti-gun zealot George Soros. This decision comes on the heels of a March 2005 ruling by a French Appeals Court, which upheld the same charge and subsequently fined Soros 2.2 million euros.
In this week’s ruling, the high court ruled that a new fine would be issued - adjusted to reflect Soros’s profits - and it ordered the case returned to the appeals court to clarify the amount.
Contrary to his November 2002 testimony where he stated, "I have been in business all my life, and I think I know what is insider trading and what isn’t," at an appeals hearing last year, Soros acknowledged knowing about a Paris financier’s plans to take over a newly privatized French bank just days before he began buying its shares.
Soros gained notoriety during the 2004 Presidential election, where he reportedly spent more than $27 million of his personal fortune to bankroll the global gun-ban movement and attempt to elect John Kerry to the White House.
YOUR ACTION IS REQUIRED
ON THE FOLLOWING FEDERAL LEGISLATION
There are a number of pro-gun bills pending in Congress that require your action. Please review these legislative initiatives and be sure to contact your U.S. Representative at (202) 225-3121, and your U.S. Senators at (202) 224-3121, and urge him or her to cosponsor and support these measures. Additional contact information can be found using the "Write Your Representatives" feature at www.NRAILA.org.
- H.R. 5092-This bill would improve BATFE’s process for punishing the few FFLs who violate the law and it would establish guidelines for BATFE investigations. This bill was drafted in large part to address recent BATFE abuses at Richmond, VA.-area gun shows highlighted in hearings before the U.S. House Judiciary Committee’s Subcommittee on Crime, Terrorism and Homeland Security.
- H.R. 5005-This measure will codify congressional policies, roll back restrictions, and correct errors in federal firearm laws.
- H.R. 5013/S. 2599-Legislation to prohibit the confiscation of lawfully owned firearms during states of emergency. Would guarantee legal recourse for victims of illegal gun seizures.
- H.R. 1384-This bill would remove several antiquated and unnecessary restrictions imposed on interstate firearms business since 1968.
- H.R. 1288/S. 1082-Legislation to repeal the draconian D.C. gun ban and restore the right of lawful District residents to own firearms to defend themselves and their families.
- H.R. 4547/S. 3275-Legislation that would allow any person with a valid carry permit or license issued by a state to carry a concealed firearm in any other state if he or she meets certain criteria. Importantly, the laws of each state governing where concealed firearms may be carried would still apply within its borders.
Again, please contact your U.S. Representative and U.S. Senators and urge them to cosponsor and support these measures. For additional information on these bills, please visit www.NRAILA.org.
NRA-ILA "MIX N’ MINGLES"
Much is at stake in this year’s elections; we will decide if we continue to move ahead on the path of pro-gun reform, or, if we will descend to the dark Clinton-Gore years. In order to ensure continued success for the Second Amendment, we must elect pro-gun lawmakers to office this election season.
To ensure victory for our pro-gun candidates 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!
The next "Mix N’ Mingle" is scheduled for:
- Addison, IL - 07/15/06
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.
ORDER YOUR NRA-ILA YARD SIGNS NOW!
It has been estimated that well-placed campaign signs can account for four percentage points on Election Day. Think back to the 2000 presidential election, where 537 votes in Florida separated George W. Bush from Al Gore, and four points seems like a landslide! While you are focused like a laser beam on the November 7 election, some gun owners may not be aware of what’s at stake for the future of the Second Amendment on Election Day.
To help us raise gun owner awareness of the impending election, and to market NRA’s campaign efforts, we have produced two colorful, patriotic campaign yard signs featuring our "I’m the NRA & I Vote" and "Vote Freedom First!" slogans. These high quality signs are bold, durable, and easy to assemble. Everything needed to assemble the sign is contained in one compact package, and all components made in the USA.
Each sign costs a very reasonable $14.95, or you can order a combination pack of both signs for $24.95 (includes shipping and handling).A portion of the proceeds goes directly to NRA-ILA to assist our efforts to protect, preserve, and strengthen our Second Amendment rights!
By proudly displaying your NRA yard sign, and showing your support for the Second Amendment, you will greatly enhance our ability to deliver victory for pro-gun candidates on November 7!
Please call (866) 869-6389 or visit www.nrailasigns.org to order your NRA yard signs TODAY!
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. For information on NRA-PVF candidate endorsements, NRA members are encouraged to call the NRA-ILA Grassroots Division at (800) 392-VOTE (8683), or visitwww.NRAPVF.org. If you go to the NRA-PVF site, you will have to provide your NRA member ID number to access the site. Your NRA member ID number can be found on the front of your NRA magazine or on your NRA membership card. Your ID number on the magazine’s mailing label is the 10-digit number that follows the code: #07901. Examples of how to find your ID number can also be found atwww.NRAPVF.org on the login page accessed by choosing your state.As always, thank you for your support.***)
States with updates this issue: California, Louisiana, Michigan, New Jersey, New York, Utah.
CALIFORNIA
Assembly Member Alberto Torrico (D-20) has sponsored a bill that would cripple the rights of California’s firearm owners. Simply put, Assembly Bill 2714 would codify into California law a ban on the sale of ammunition through the mail or internet. Your Action is critical, as AB 2714 could be up for a vote in the Senate Public Safety Committee next week! Please contact the Senate Public Safety Committee today at (916) 651-4118 and ask them to vote "no" on AB 2714! For more information, please visit www.calnra.com/.
LOUISIANA
Governor Kathleen Blanco (D) has signed into law HB 760 by Representative Steve Scalise (R-82), and Senator Joe McPherson (D-39). This NRA-supported measure will prevent local governments from confiscating firearms from law-abiding citizens during a future state of emergency or natural disaster. HB 760 took effect upon her signature. Also, on Thursday, the Senate gave final approval to HB 1097 by Representative Eric LaFleur (D-38), NRA-backed legislation granting civil immunity to crime victims who lawfully use force, up to and including deadly force, to protect themselves against a violent attack. That bill now moves to Governor Blanco's desk for her expected signature. HB 1097 was the companion bill to HB 89 (also by Representative LaFleur), the NRA-supported "Castle Doctrine" bill which created presumptions in law for the use of force against intruders in your home, car, or place of business, and explicitly states in law that you have no "duty to retreat" from criminal attack if you are in a place where you have a legal right to be. As we reported last week, HB 89 has already been signed by the Governor and takes effect on August 15.Congratulations, Louisiana!
MICHIGAN
HB 5192, by Representative Scott Hummel (R-93), which would lower the hunting age from 14 and 12, to 12 and 10, for big game and small game respectively, has passed the Senate and is now in the House awaiting concurrence. The companion bill, SB 1105 by Senator Michelle McManus (R-35), passed the House Natural Resources Committee yesterday and now moves to the House. The House "Castle Doctrine" package comprised of four bills - HB 5142 by Representative Tom Casperson (R-108), HB 5143 by Representative Rick Jones (R-71), HB 5153 by Representative Leslie Mortimer (R-65), and HB 5548 by Representative Tim Moore (R-97) - is awaiting concurrence by the House. The two Senate "Castle Doctrine" bills, SB 1046 by Senator Alan Cropsey (R-33), and SB 1185, by Senator Ron Jelinek (R-21), are on second reading in the House. All the bills listed above are expected to be up for a vote in the House this coming week.Please call you State Representative and ask him or her to support HB 5192, SB 1105, and the House and Senate "Castle Doctrine" packages. The general phone number for the House of Representatives is (517) 373-0135.
NEW JERSEY
Jersey City Update Based on objections and concerns raised by gun owners at a June 14 public hearing, the Jersey City Council voteddown two proposed anti-gun ordinances and is replacing them with substitute ordinances that are somewhat less harsh, but still unacceptable. Ordinance # 06-075, which would have banned the purchase of more than one handgun every six months, was unanimously defeated, and according to Jersey City officials is being replaced with a new ordinance that would ban the purchase of more than one handgun every month. Ordinance # 06-074, which misleadingly labeled compact and affordable defense guns as "junk guns" and "Saturday night specials," was also unanimously defeated and according to officials is being replaced with a new ordinance that grandfathers existing owners of the banned guns and may provide a mechanism for citizens to individually petition to have their firearms exempted. At press time, we still did not have copies of the new ordinances or their new numbers, but they are expected to be heard at a June 28 meeting of the Jersey City Council. Please mark your calendars for the June 28 hearing and watch for follow-up alerts with analysis of the new ordinances and action items for this meeting.
NEW YORK
On June 13, introductory resolution IR-1738-2006 was introduced in the Suffolk County Legislature by Legislator Kate Browning. It would stop all ongoing actions and efforts to reopen the Suffolk County Trap & Skeet Range. The range is/was scheduled to reopen on July 1, 2006, but if this resolution passes out of the Parks & Recreation Committee and is brought to the floor of the full County Legislature, it may not open at all. The next Parks & Recreation Committee Meeting is scheduled for Wednesday, June 21, at 11:00 a.m., at the Suffolk County Legislative Building, Veterans Memorial Highway, Hauppauge, NY 11788, (631) 853-4000. Please plan to attend this public hearing and urge the Committee members to oppose IR-1738-2006. Only large numbers of people can and will influence the members of this committee, of which Ms. Browning is a member. We can, and we must, persuade the committee and/or the County legislature to do the right thing and reopen the Suffolk County Trap & Skeet Range. If the County government wasn’t enough to deal with, now we also have a group called the Pine Barrens Commission, which claims it too, might have jurisdiction over whether or not the Suffolk County Trap & Skeet Range can reopen without its permission. The next meeting of the Pine Barrens Commission is scheduled for Wednesday, June 21, at 2:00 p.m., at the Brookhaven Town Hall, One Independence Hill, Farmingville, NY 11738, (631) 451-9100. Unfortunately, the Suffolk County Parks & Recreation Committee meeting and the Pine Barrens Commission meeting are being held on the same day and in two different places, but attendance is needed at both meetings. Please try to attend both meetings. If you are unable to attend, please call to express your strong opposition to closing the Suffolk County Trap & Skeet Range. For more information about the attempt to close Suffolk County Trap & Skeet, please visit http://www.nraila.org/CurrentLegislation/State.aspx?ST=NY.
UTAH
Don’t forget the 2006 Primary elections are being held Tuesday, June 27. If you have questions regarding voting please visit the following link: http://elections.utah.gov/. Be sure to"Vote Freedom First" on Tuesday, June 27!
