NRA-ILA Grassroots Alert Vol. 10, No. 49 12/5/2003

NINTH CIRCUIT DOES IT AGAIN

The Ninth U.S. Circuit Court of Appeals is once again up to its political shenanigans. A three-judge panel of the San Francisco-based court recently reinstated a wrongful death lawsuit against the gun industry, that had been previously tossed out by a Los Angeles federal judge before it went to trial. The suit, Ileto v. Glock, seeks to blame Glock and others for the horrendous criminal actions of deranged white supremacist Buford Furrow. In 1999, Furrow shot and killed postal worker Joseph Ileto, and wounded three children at a Jewish day care center in California. What is not often reported is that, while a Glock pistol was used in Furrow`s heinous crime, the gun was originally sold to a police department, which subsequently sold it to a licensed dealer, who in turn sold it to a collector, who finally sold it to Furrow.

Commenting on the case, Glock attorney Christopher Renzullie asked the obvious question, "How are we supposed to monitor a gun after we sell it to a law enforcement agency?" Echoing this frustrated sentiment, UCLA law professor Eugene Volokh quipped, "According to the Ninth Circuit, Glock has to dictate to the police how to handle [gun sales], because they would know better than the police how to prevent crime."

The only glimmer of rational and equitable reasoning to come out of the reinstatement case came in the form of a well-reasoned dissent by Senior Judge Cynthia Hall. "I understand the majority`s desire to ensure that the appellants have their day in court," Hall wrote. "But I do not concur in the majority`s opinion because I believe that it runs afoul of some of our most basic duties as federal judges....[we] are required to apply state law whether we agree with it or not."

This case dramatically underscores the urgent need for passage of S. 659/S. 1806, the "Protection of Lawful Commerce in Arms Act."

The House version of this bill - H.R. 1036 - was passed last April by an overwhelming vote of 285-140, and has the support of the White House.

Yet, despite assurances of a timely vote and broad bipartisan support, S. 659/S. 1806 has become stalled in the Senate. Thanks to the dedicated grassroots efforts of millions of NRA members and gun owners across the country, S. 659/S. 1806 is now widely acknowledged as having enough votes to overcome a filibuster by anti-gun Senators. But we can`t stop a filibuster until one starts, and the process can`t begin until the bill reaches the Senate floor for debate.

On November 6, pro-gun leaders in the Senate attempted to bring the bill to the floor with a proposed "consent agreement" to govern the length of debate and the number of amendments each side could order. Anti-gun Senators sent their representative to the floor to object. After much discussion, and failing to gain "consent," Senate leaders moved to other business, but vowed to bring S. 659/S. 1806 to a vote early next year, without regard to the objections from the anti-gun corps. That sets us up for a full-blown brawl in the new year.

In the end, it all boils down to politics, but you can help break the logjam. In the coming weeks, your Senators will likely be traveling around your state, holding town hall meetings, where they can report on what they`ve been doing in Washington, and take questions from their constituents. These meetings offer a tremendous opportunity for you to personally voice your strong support for S. 659/S. 1806. Your Senators need to know that this bill is about saving jobs and protecting our rights. If you can`t attend a meeting, send a letter, an e-mail, or make a phone call to your Senators` offices. Tell them it`s time to stop playing politics with the Second Amendment. Urge them to fully support S. 659/S. 1806 without any anti-gun amendments! Ask them to do everything in their power to end these meritless lawsuits and ensure that this essential legislation is approved as written. Tell them it`s time to pass S. 659/S. 1806! Make no mistake - with your help, we will win this fight and see this critical legislation signed into law.

In addition, please contact your Senators and your U.S. Representative and urge them to cosponsor and support S. 1414 and H.R. 3193 - the Senate and House versions of the "District of Columbia Personal Protection Act." This important legislation seeks to restore the constitutionally-guaranteed Second Amendment rights of the residents of the District of Columbia, which has once again reclaimed the title of "murder capital" of the United States.

Finally, please continue to urge your U.S. Representative and Senators to oppose current legislation seeking to expand the 1994 Clinton gun ban: H.R. 2038, S. 1431, and S. 1034. You can find contact information for your elected officials by using the "Write Your Representatives" tool at www.NRAILA.org, or you can call your U.S. Senators at (202) 224-3121 and your U.S. Representative at (202) 225-3121.

LEGAL VINDICATION IN CASE OF POLITICAL CORRECTNESS RUN AMOK

NRA member Alan Newsom, a seventh grade student in Virginia`s Albemarle County Public School system, recently received legal vindication in a case of political correctness run amok.

A lawsuit filed by the NRA Civil Rights Defense Fund on behalf of Newsom charged that Newsom`s First Amendment rights were violated when his school banned him from wearing an NRA Youth Sports Shooting Camp T-shirt that he had received after attending an NRA-sponsored firearm safety camp. In a unanimous decision, a three-judge panel of the U.S. Fourth Circuit Court of Appeals reversed a previous opinion by the U.S. District Court, and barred the Albemarle County school district from enforcing the dress code, which prohibits its students from wearing clothing portraying images of firearms. The court stated that the dress code is too broad and is likely to be found unconstitutional.

Taking a stand on this important issue, Virginia Attorney General, Jerry Kilgore (R) filed an amicus brief with the court, supporting NRA and Newsom. "We`re very pleased that the Fourth Circuit has recognized a law-abiding student`s right to express himself in a way that is nondisruptive and nonoffensive," said Kilgore spokesman Tim Murtaugh.

In issuing this ruling, the Fourth Circuit Court has sent a clear message that political demagoguery in Virginia`s schools will not be tolerated. As the case is brought back to the District Court for a full trial, NRA will continue to fight for equal protection under the law.

A LOOK AT THE STATES

INDIANA

Show your support for the Second Amendment at the Bill of Rights Day celebration hosted by Restoring Our Heritage and The Second Amendment Patriots. The Bill of Rights was adopted on December 15, 1791, and this often forgotten day should be a time for Americans to give thanks for their freedoms guaranteed by the Bill of Rights. Please join with local organizations and lawmakers to celebrate this historic day on Sunday, December 14, from 2:00-4:00 p.m., at the Evansville Coliseum, 350 Court St., in Evansville.

OHIO

Due to a scheduling change, the Conference Committee will meet to vote on a compromise version of House Bill 12 on December 9. As currently written, House Bill 12 would restrict an individual`s ability to protect himself in a motor vehicle by requiring the firearm to be locked up when passengers under the age of 18 are present. This provision is unacceptable and contradicts the underlying principle of a Right-to-Carry law, and, in fact, could put law-abiding permit holders at risk. For more information concerning Ohio Right-to-Carry, please visit our special Ohio Right-to-Carry website at http://www.NRAILA.org/oh-getrighttocarry.aspx