Weekly Reminder: HR 45 has not even gained one co-sponsor in committee and S 2099 died nine years ago. It is not necessary to forward the hysterical mailings to me. Friday, January 23, 2009 U.S. Representative Bobby Rush (D-Ill.) recently sponsored H.R. 45, also known as "Blair Holt's Firearm Licensing and Record of Sale Act." The bill is, at its core and as its name implies, a licensing and registration scheme. The measure calls for all handgun owners to submit to the federal government an application that shall include, among many other things: a photo; an address; a thumbprint; a completed, written firearm safety test; private mental health records; and a fee. And those are only some of the requirements to be licensed! The bill would further require the attorney general to establish a database of every handgun sale, transfer, and owner's address in America. Moreover, the bill would make it illegal to own or possess a "qualifying firearm" -- defined as "any handgun; or any semiautomatic firearm that can accept any detachable ammunition feeding device..." without one of the proposed licenses. Additionally, the bill would make it illegal to transfer ownership of a "qualifying firearm" to anyone who is not a licensed gun dealer or collector (with very few exceptions), and would require "qualifying firearm" owners to report all transfers to the attorney general's database. It would also be illegal for a licensed gun owner to fail to record a gun loss or theft within 72 hours, or fail to report a change of address within 60 days. Further, if a minor obtains a firearm and injures someone with it, the owner of the firearm may face a multiple-year jail sentence. H.R. 45 is essentially a reintroduction of H.R. 2666, which Rush introduced in 2007. H.R. 2666 contained much of the same language as H.R. 45, and was co-sponsored by several well-known anti-gun legislators--including Barack Obama's chief of staff, Rahm Emanuel. H.R. 45 currently has no co-sponsors. Rest assured that NRA-ILA will continue to monitor this bill closely, and will keep you informed of any developments if they materialize. http://www.nraila.org/Legislation/Federal/Read.aspx?id=4329 In the last few weeks, NRA-ILA has received hundreds of e-mails warning us about "SB-2099," a bill that would supposedly require you to report all your guns on your income tax return every April 15. Like many rumors, there's just a grain of truth to this one. Someone's recycling an old alert, which wasn't even very accurate when it was new. There actually was a U.S. Senate bill with that number that would have taxed handguns - nine years ago. It was introduced by anti-gun Sen. Jack Reed (D-R.I.), and it would have included handguns under the National Firearms Act's tax and registration scheme. This has nothing to do with anyone's Form 1040, of course. Fortunately, S. 2099 disappeared without any action by the Senate, back when Bill Clinton was still in the White House. We reported about it back then, just as we report about new anti-gun bills every week. Now, it's time for gun owners to drop this old distraction and focus on the real threats at hand. http://www.nraila.org/Legislation/Federal/Read.aspx?id=4925 --- From GOA: Charles Babington of the Associated Press reported yesterday about the Senate Democratic leadership's latest sleazy maneuver to pass the anti-gun health care bill. And this is contemptible even by their admittedly low standards: "White House and Democratic officials are quietly talking with key senators, hoping to craft a thread-the-needle strategy on health care with little or no help from Republicans. The officials are asking a handful of moderate Democrats to do something that might be hard to explain to voters: Cast a Senate vote that could be interpreted as favoring a bill that the lawmakers ultimately plan to oppose on final passage." In other words, they are trying to convince the swing votes - Ben Nelson of Nebraska, Mary Landrieu of Louisiana, Blanche Lincoln and Mark Pryor of Arkansas, perhaps Joe Lieberman of Connecticut - to "throw" their vote on a pivotal filibuster vote. Bottom line: they are being asked to side with the ObamaCare supporters when it comes to the all important "cloture" vote - which is the real hurdle that ObamaCare supporters must overcome if they are to pass the bill in the Senate... (Link will allow you to generate an e-mail to your senators.) http://capwiz.com/gunowners/issues/alert/?alertid=14045911 --- Public-Employee Unions and the RKBA: The previous article showed that there is a correlation between lawyer campaign contributions and gun control voting: As lawyer contributions comprise a larger portion of a Congressman's total campaign fund, the representative is more likely to vote for gun control... According to the Center for Responsive Politics (CRP): "Public sector unions represent workers at every level of government - federal, state and local." The CRP continues: "This broad category encompasses teachers, firefighters, police officers, postal workers and any other employee of the government at any level." Since 1990, public sector unions have contributed over $182 million to federal campaigns, placing this industry group 15th overall in total contribution amounts between 1990 and the present. For the 2008 election cycle, this group contributed over $19.1 million, with 89% ($17,047,766) going to Democrat candidates. The U.S. Census Bureau estimates that there were 17,144,144 full-time public employees in 2007, meaning that their unions contributed about $1.11 per full-time employee. As with lawyers, certain public employee groups are on record for being pro-gun control... http://www.examiner.com/x-2879-Austin-Gun-Rights-Examiner~y2009m9d18-Your-taxes-at-work-against-you http://www.examiner.com/x-2879-Austin-Gun-Rights-Examiner~y2009m9d18-Public-sector-unions-Your-taxes-at-work-against-you-Part-2 --- The Beat Goes On: While a remarkable surge that began late last year is starting to ease, Americans' demand for firearms and ammunition - driven largely by economic concerns and the fear of new regulations - remains brisk as double-digit sales increases continue to fill the financial coffers of gun and ammo makers alike. In August, the number of background checks performed by the Federal Bureau of Investigation's Instant Criminal Background Check System was up 12.3% from the same month in 2008 to about 1.1 million. That is down from the nearly 42% increase of November but is still a growth rate that would be the envy of virtually every other consumer product category. And, while the number of background checks is a good barometer of sales, that doesn't tell the whole story as some of them may have been performed on purchases of multiple firearms. In addition, some private transfers and gun show sales are exempt so the actual number of guns sold is likely higher... Among the main worries are a reinstatement of the ban on some semiautomatic rifles, often called "assault weapons," huge increases in federal excise taxes on ammunition and a lifting of the "gun show loophole" on background checks... He also noted that a widespread ammunition shortage, although also starting to abate, may keep some buyers away as they are unlikely to purchase a firearm they won't be able to load, much less fire. Manufactures like ATK... and Olin... have been ramping up production but are still running behind demand... http://www.marketwatch.com/story/firearms-ammo-see-explosive-sales-growth-2009-09-18 Anyone even remotely familiar with gun isses is aware that gun sales started picking up as soon as it became apparent that gun banner extraordinaire Barack Obama was likely to be elected. The spike became especially dramatic immediately after the election, and was sustained for months. As had to happen eventually, the huge surge in gun sales has levelled off, but a look at NICS background checks (a pretty reliable gauge of relative numbers of sales) shows that sales are still up (pdf file). To those who believe More Guns=More Violence, this rapid growth in the number of privately owned firearms is alarming. Violent crime must be going through the roof! . . . Or not, according to the FBI, at least not in 2008 (remember, the spike started before Obama's election in November), when violent crime actually went down for the second year in a row, to the lowest levels seen in at least twenty years. Granted, if the huge increase in the number of privately owned firearms is having an impact on violence, most of that impact would not be seen until we have the stats for this year, and actually, given the state of the economy, I would not be terribly surprised if there is some increase. Still, if violence were spiking to anywhere close to the degree gun sales have, I suspect we would have noticed it by now... http://www.examiner.com/x-2581-St-Louis-Gun-Rights-Examiner~y2009m9d18-Gun-sales-up-crime-down?cid=exrss-St-Louis-Gun-Rights-Examiner --- Appeals Court Hears Gun-Related DC Case: A federal appeals court heard arguments today in a Fourth Amendment case that has united civil libertarians and gun rights advocates against the District of Columbia government. At issue before the U.S. Court of Appeals for the D.C. Circuit was the question of whether a plaintiff could sue the city for wrongly targeting him with an arrest warrant, even though it was quickly withdrawn. The case was dismissed by a district court judge, who found that the man, Robert Ord, lacked standing... Ord sued the District in 2008, after the police issued, then rescinded, an arrest warrant claiming he illegally carried firearms into the city. A Virginia resident, Ord ran a private security company, and was designated a Special Conservator of the Peace. That should have given him the right to carry his weapon in Washington, where he had significant amount of business, he argued. In his suit, he claimed he could no longer work in Washington because he feared the city would might try to arrest him again. He also argued that police had violated the Fourth Amendment, which states "no Warrants shall issue, but upon probable cause." The city countered that because Ord had never been arrested, he had not suffered any harm, and the court could not grant any relief... http://legaltimes.typepad.com/blt/2009/09/dc-circuit-hears-fourth-amendment-case-on-withdrawn-warrant-.html --- From SAF: The Second Amendment Foundation today renewed its pledge to sue Seattle Mayor Greg Nickels if he pushes through a proposed rule that would ban legally-carried firearms in city Parks and Recreations Department facilities. The proposed rule change was announced Friday morning. SAF founder Alan Gottlieb quickly noted that this rule would violate Washington State's long standing firearms preemption statute, first adopted more than 25 years ago. That law has become a model for similar state laws all over the country. "This must be Greg Nickels' desperate parting shot at gun owners who worked hard to make sure he did not survive the primary election last month," Gottlieb observed. "He has already been advised by Attorney General Rob McKenna's office that he has no authority to impose gun laws that are more restrictive than state statute, and under state law, private citizens may legally carry concealed handguns on public property if they're licensed to do so. Public property does not belong to Mayor Nickels," he added, "it belongs to the people..." http://www.saf.org/viewpr-new.asp?id=303 Mayor Greg Nickels on Friday proposed a rule to ban guns in more than 500 Parks and Recreations Department facilities across Seattle where children and youth go - places like sports fields, playgrounds and swimming pools... Signs would be posted that say firearms are prohibited as a condition of entry into the facilities. Nickels' announcement is his latest attempt to ban firearms from city property. The mayor began efforts after a man shot and injured three people at the 2008 Folklife Festival at Seattle Center. But an opinion issued late last year by Attorney General Rob McKenna's office said cities lack the authority to ban guns because local laws would conflict with state regulations. Friday afternoon McKenna's spokesman said Nickels' latest plan still runs afoul of state law... http://www.seattlepi.com/local/410303_guns18.html Seattle's mayoral candidates Mike McGinn and Joe Mallahan said Friday afternoon they support Mayor Greg Nickels' proposal to ban firearms in city parks, community centers and pools intended for children and youths. McGinn said simply he supports the idea proposed Friday morning, while Mallahan's support was a little more qualified. "Joe thinks its a great start toward making children safer in these public venues," Mallahan spokeswoman Charla Neuman said. But she said gun laws are the jurisdiction of the state and to having more teeth in the prohibition would mean working with the state. Mallahan's statement was signficant because whether the city has the ability to pass tougher gun control measures than the state is at the heart of the legal fight facing the city. Gun rights groups said Friday they would sue if the ban is enacted. Nickels, an advocate of gun restrictions who will be leaving office after being ousted in the primary. But before he goes, he is trying to enact the gun restrictions he initially talked about earlier this year... http://www.seattlepostglobe.org/2009/09/18/nickels-proposes-gun-ban-in-parks-gun-rights-groups-promise-to-sue --- Castle Doctrine Proposed in Wisconsin: Proposed state legislation would give more legal protection to homeowners and residents who use deadly force to defend themselves from an intruder who has broken in. The proposal addresses situations such as Jamie Chen's shooting and killing of Roberto Vega-Gil Wednesday, after Vega-Gil broke into Chen's Fitchburg home with what police officials said was the intention to carry out a burglary. Current law only allows a homeowner to use lethal force as a defense if he or she believes the force was necessary to prevent death or serious injury. District attorneys typically review such situations to establish whether a homeowner possessed a credible belief... Holperin's proposal requires courts to presume a homeowner believed death was a possibility, if lethal force was used in self defense. "The individual should have the benefit of the doubt that the harm is going to come to the homeowner." There are both senate and assembly versions of the proposal. The senate proposal is being considered by the judiciary committee... http://www.wkowtv.com/Global/story.asp?S=11158146 --- Arizona Needs Firearms Freedom Act: It seems there is hardly a day passing that does not witness another one of our rights infringed by an aggressive and activist federal government. In this atmosphere, states are reasserting their sovereignty and their rights under the Constitution. The state of Montana has made a law directly challenging the right of the feds to regulate firearms that are manufactured and kept in the state... Alan Gottlieb, founder of the Second Amendment Foundation, told me there are at least 20 states working on such legislation. But not Arizona. Arizona has a provision in its Constitution similar to that in the U.S. Constitution. It says, "The right of the individual citizen to bear arms in defense of himself or the State shall not be impaired, but nothing in this section shall be construed as authorizing individuals or corporations to organize, maintain, or employ an armed body of men." ... Arizona should join the other states that are asserting their sovereignty and demand the federal government respect and live within the Constitution. http://www.azbiz.com/articles/2009/09/18/opinion/columnists/lionel_waxman/doc4aa027353ef80019651569.txt --- Oops, Wrong Mom: She may be 75, but she's still a mom. Jesse Williams, 28, discovered that truism Thursday night when the mother of a man he allegedly was fighting shot him once in the leg to stop the assault on her son. According to Morgan County [TN] Sheriff's Office Chief Deputy William Angel, Williams broke into David Brandenburg's residence at 905 Back Petros Road. The 43-year-old Brandenburg was home and began struggling with the intruder. The fighting men spilled out from the house and onto the yard, where Brandenburg's mother, Ruth Robbins, heard the commotion. Robbins lives next door, Angel said. When Robbins tried to intervene, Williams allegedly assaulted her, Angel said. Robbins then shot Williams once in the leg near the groin area... (It's hard to say if Robbins was actually aiming where she struck, a bit low for a pelvis shot [http://www.spw-duf.info/emperor.html#pelvis%20shots]. Wounds to the lower abdomen and leg are common when shots are jerked or pushed low and, typically, to the non-dominant side. Williams is lucky to be alive as the shot must have come very close to his femoral artery.) http://www.knoxnews.com/news/2009/sep/19/75-year-old-moms-aim-is-true/ --- No Charges in Post-Robbery Shooting: A 76-year-old man who shot and killed a teenager who broke into his home will not face charges, according to the Mecklenburg County [NC] District Attorney's Office. The DA released a statement on Friday, saying that an investigation determined that C.L. McClure shot 15-year-old suspect Marcus Fluker in self-defense. McClure told authorities that four teens broke into his home in August. The men allegedly tied up McClure and his wife. Once McClure got free, police say, he chased the teens down with his car and confronted them at a nearby apartment complex. Fluker was shot during the confrontation and died at a hospital. The statement from the district attorney's office reads, in part, "His idea to find the vehicle and try to delay the escape of those who invaded his home did not make him the aggressor nor did that take away his right of self defense. Mr. McClure believed that his life was in danger and fired in self-defense." http://www.wcnc.com/news/topstories/stories/wcnc-091809-mw-mcclure-no-charges.191dc7aa9.html# --- Kentucky Barber Offers Chance to Win AK-47 Clone: Get a haircut, get a chance on an AK-47 rifle; that's the offer from a Louisville barbershop. The shop owner said he's just trying to raise awareness to the right to bear arms, but the gun promotion is drawing fire. A customer at the Okolona barbershop will win a Romanian made AK-47... Bruce Gooden teaches gun safety. He's a certified concealed carry instructor, a lifetime member of the NRA and he cuts hair. The more involved someone is with guns and gun rights, the more chances they have to win the $750 semi-automatic weapon. "You get one ticket per customer. If you are an NRA member you get two. If you join the NRA you get six," said Gooden... The Okolona barbershop plans to give away the AK-47 just in time for Christmas. http://www.wlky.com/news/20991636/detail.html --- California Girl Participates in Speed Shooting Competition: Since her family took her out shooting when she was five-years old, Jenna Arellano has shown a knack for the sport of speed shooting... So much so that at only 11 years old this Crescent City girl has just competed in the World Speed Shooting Championships (Steel Challenge) last month in Piru, Calif., as well as receiving praise from one of the top female shooters in the world. Jenna finished in 4th place in the pre-teen open class division as the youngest participant... Monte Arellano is also a speed shooter and said it has been a wonderful way for his family, including his son, 8, and his wife to spend time together. He said he is proud of his daughter's abilities and the way she has learned the importance of gun safety. She learned from an early age to respect her weapon and has learned first-hand about her Second Amendment rights, her father said... (From the position of her head in the photo, I'd wager that, like many female shooters, Jenna is right-handed and left-eyed.) http://www.triplicate.com/20090917106971/Sports/Sports/Taking-her-best-shot --- NRA-ILA Alerts: List members are encouraged to read the alerts for the week, posted on the NRA-ILA website. http://www.nraila.org/GrassrootsAlerts/read.aspx --- From AzCDL: We invite you to join hundreds of your fellow AzCDL members for the Arizona Citizens Defense League's Annual Meeting of Members (and barbeque!) on October 3, 2009 at the Beaudry Event Center, 3200 E. Irvington, in Tucson. There is only one week left to register. All reservations must be received by AzCDL no later than Saturday, September 26, 2009. More information about the annual meeting and a link to the reservation form can be found at our website: http://www.azcdl.org/html/annual_mtg.html . We want to pack the house! Make your reservation for AzCDL's annual meeting at this weekend's (Sept. 19 & 20) gun show at the Tucson Convention Center and AzCDL will give you a new (or renewed) membership for FREE! Join or renew as a Sustaining annual member and we'll knock $10 off the membership cost (you only pay $40) and give you TWO annual meeting dinner tickets PLUS a free AzCDL t-shirt. All annual meeting attendees will be eligible for our door prize drawing of a Front Sight Course Certificate, good for a 4-day Defensive Pistol, Tactical Shotgun or Practical Rifle class. The certificate also allows two people to attend a 2-day version of these classes. Information on these courses can be found here: http://www.frontsight.com/ . As with all AzCDL gatherings, the tasteful OPEN carrying of firearms is encouraged. What good is a right if we don't exercise it? These alerts are a project of the Arizona Citizens Defense League (AzCDL), an all volunteer, non-profit, non-partisan grassroots organization. Join today! http://www.azcdl.org/html/join_us_.html AzCDL - Protecting Your Freedom http://www.azcdl.org/html/accomplishments.html Copyright © 2009 Arizona Citizens Defense League, Inc., all rights reserved. -- Stephen P. Wenger, KE7QBY Firearm safety - It's a matter for education, not legislation. http://www.spw-duf.info .