NRA-ILA Grassroots Alert Vol. 11, No. 8

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DEBATE ON LAWSUIT PREEMPTION UNDERWAY? AMENDMENTS TO FOLLOW WITH FINAL VOTE NEXT WEEK

On Wednesday morning, the U.S. Senate began debating S. 1805?the "Protection of Lawful Commerce in Arms Act" (formerly referenced in the Grassroots Alert as S. 659/S. 1806.) On a bi-partisan vote of 75-22, the Senate voted to allow debate on S. 1805 to proceed, lifting the threat of a filibuster.

The debate continued late into the evening with no substantive movement on the bill and no additional votes taken. Senators did, however, reach a "Unanimous Consent Agreement" spelling out specific amendments that would be permitted to be offered during the debate in anticipation of a final vote on the underlying measure on Tuesday, March 2.

On Thursday, the Senate reconvened and first considered an amendment by anti-gun Sen. Barbara Boxer (D-Cal.) that would require all handguns be sold with a mechanical safety device approved by the Consumer Product Safety Commission (CPSC). This amendment was then replaced by a "second degree" amendment by Sen. Herb Kohl (D-Wisc.). The Kohl amendment is much less restrictive and also provides liability protection for gun owners. The revised amendment passed 70-27.

The Senate next debated an amendment by Sen. Ben Nighthorse Campbell (R-Colo.) to permit current and retired law enforcement officers to carry concealed firearms off duty in other states. Arguing hysterically against the amendment, anti-gun Sen. Edward Kennedy (D-Mass.) revealed his deep distrust of gun carrying even by sworn police officers. A vote on the Campbell amendment was deferred until Tuesday.

Sen. Kennedy then introduced an amendment to ban the manufacture and sale of "armor-piercing" ammunition. Kennedy, who actually condemned the 30-30 Winchester cartridge during debate, wants to institute a "performance-based" standard that would grant any future Attorney General sweeping authority to ban any center-fire rifle ammunition, including most common-place hunting ammunition. The standard proposed by Sen. Kennedy was rejected in the 1980s as overly broad and unnecessary to meet any threat posed to law enforcement officers` safety. A vote on this NRA-opposed amendment will take place Tuesday. There is also an amendment by Sen. Larry Craig (R-Idaho) which restates current law and increases penalties for killing a police officer.

The Senate then debated and voted upon two amendments seeking to gut S. 1805. The first related to the D.C. sniper case, but the proposal by Sen. Barbara Mikulski (D-Md.) was defeated, 56-40. A so-called "law enforcement" exemption offered by Sen. Jon Corzine (D-N.J.) was soundly defeated, 56 to 38.

NRA strongly opposed both amendments. One of the strengths of S. 1805 is that it adopts the same rules for all plaintiffs, no matter how sympathetic or unsympathetic, and no matter how notorious or mundane their victimization. Plaintiffs` rights should depend on settled principles of law, not on emotion or sympathy.

Debate will resume on Monday, with the vote on final passage expected Tuesday. We strongly encourage you to watch the proceedings if you are able to do so. Debate will begin at noon on Monday and will air on C-SPAN2.

Using the bully pulpit of the White House, President Bush offered the following statement highlighting his support for the lawsuit bill without any anti-gun amendments: "The Administration strongly supports Senate passage of S. 1805. The Administration urges the Senate to pass a clean bill, in order to ensure enactment of the legislation this year. Any amendment that would delay enactment of the bill beyond this year is unacceptable. The manufacturer or seller of a legal, non-defective product should not be held liable for the criminal or unlawful misuse of that product by others. The possibility of imposing liability on an entire industry for harm that is solely caused by others is an abuse of the legal system, erodes public confidence in our Nation`s laws, threatens the diminution of a basic constitutional right and civil liberty, sets a poor precedent for other lawful industries, will cause a loss of jobs, and burdens interstate and foreign commerce. S. 1805 would help curb frivolous litigation against a lawful American industry and the thousands of workers it employs and would help prevent abuse of the legal system. At the same time, the legislation would carefully preserve the right of individuals to have their day in court with civil liability actions. These civil actions are enumerated in the bill and respect the traditional role of the States in our Federal system with regard to such actions."

NRA-ILA stands committed to enacting into law, a "clean" (without any anti-gun amendments) S. 1805. And, as we have from Day One, we will continue to vigorously oppose any anti-gun amendments to S. 1805, specifically, reauthorization of the 1994 Clinton gun ban in any way, shape, or form, and imposing restrictions on gun shows. We will also continue to vigorously support Sen. Orrin Hatch`s (R-Utah), amendment to restore the constitutionally-guaranteed Second Amendment rights of the residents of the District of Columbia. It is anticipated that these amendments will be debated and voted on beginning Monday.

Until this issue is resolved, we will continue to call upon our members and supporters to contact their U.S. Senators in support of S. 1805 without any "poison pill" amendments. As readers of the Grassroots Alert are aware, in recent days and months, we have contacted our supporters nationwide to engage them in this battle. These efforts include: articles in our magazines; contacts by phone, e-mail, fax, and letter; special sections of our website (www.NRAILA.org) dedicated to lawsuit preemption and the Clinton gun ban (www.ClintonGunBan.com); and, in person, at various Grassroots Workshops.

We will continue our efforts until we succeed on these fronts, and will continue to pursue the most effective legislative and grassroots strategies to accomplish our mutual goals.

Please continue to contact your U.S. Senators at (202) 224-3121 and urge them to support S. 1805 without any anti-gun "poison pill" amendments. ILA`s Grassroots staff is ready to assist you, so please call them at (800) 392-8683. Or visit ILA`s website at www.NRAILA.org for additional information on these issues and to utilize the "Write Your Representatives" feature that will allow you to identify and contact your U.S. Senators.

STAY UP TO DATE ON S. 1805 & OTHER GUN-RELATED LEGISLATION

As debate over S. 1805 continues, your need to stay informed and up to date on this crucial legislation is more important than ever. One of the best ways to get timely, accurate, and relevant updates is by receiving the Grassroots Alert by e-mail. We still have thousands of Grassroots Alert

recipients who receive the weekly Alert via fax. If you have an e-mail address, but you still receive the NRA-ILA Grassroots Alert every Friday via fax, we encourage you to switch over to our e-mail system. We can send e-mail at virtually no cost, while each fax incurs the cost of a long distance call, not to mention your cost in paper. E-mail also allows you more flexibility in relaying our information to others. If you would like to switch to e-mail delivery, just go to www.NRAILA.org, then follow the instructions through the link called "Sign Up For Email." Once you start receiving our alerts via e-mail, please call the Grassroots Division at (800) 392-8683, and let us know so we can take you off the fax system.

A LOOK AT THE STATES

KANSAS

HB 2798, the Personal and Family Protection Act, will provide law-abiding gun owners the ability to protect themselves and their loved ones. The bill is on the calendar for March 3 for a floor vote. Please contact your Representative and respectfully urge him to support HB 2798. You can find contact information for your Representative using the "Write Your Representatives" feature at www.NRAILA.org.

KENTUCKY

SB 95, sponsored by Senator Albert Robinson (R-21), passed unamended by the Senate by a vote of 33-4. This critical legislation closes a judicially-created "loophole" in the state`s 1984 preemption law that allows local governments to discriminate against licensed gun dealers and manufacturers through the use of their zoning laws. SB 95 requires local governments to treat dealers and manufacturers in the same manner as they do all other businesses. The bill is now headed to the House for consideration. Please contact your State Representative and request that he support SB 95. You can find contact information for your Representative by using the "Write Your Representatives" feature at www.NRAILA.org.

MICHIGAN

The Michigan Dove Bill is still pending a vote in the Senate. Please contact your Senator and respectfully urge him to support the bill. You can find contact information for your Senator by using the "Write Your Representatives" feature at www.NRAILA.org.

MISSISSIPPI

The Senate Finance Committee reported out SB 2623, a bill creating a special NRA license plate and dedicating tag fees to the NRA Foundation. Committee Chair and NRA supporter Senator Tommy Robertson (R-51) modeled our bill after the "lead" bill for all other specialized license plates, and rolled all other bills into SB 2623. We will keep you posted.

MISSOURI

On February 26, the Missouri Supreme Court upheld the Right-To-Carry for Missouri citizens. The Court struck down a previous decision by a St. Louis circuit court that ruled the law unconstitutional. The Missouri Constitution guarantees the right to bear arms, but also says the clause "shall not justify the wearing of concealed [firearms]." The Supreme Court ruled that the General Assembly may authorize the wearing of concealed firearms, just as they did in 2003. However, the Court did find that the funding mechanism in the 2003 Right-to-Carry bill may violate the Hancock Amendment to the constitution, which dictates how the state may fund programs. That finding may not allow permits to be issued in Jackson, Greene, Cape Girardeau, and Camden counties?the counties addressed in the case. Legislative options to correct this problem are already being considered in the General Assembly. NRA-ILA is working with appropriate officials to find the best option to resolve this problem. In the meantime, please respectfully encourage your county government to issue permits according to state law and the court decision. Aside from the above-mentioned counties, local sheriffs should start issuing permits immediately. Before a citizen can apply for a permit, he must have the following information: proof of training from a qualified firearm safety instructor; a valid Missouri Driver`s License, non-driver`s license, or military I.D.; and cash, check or money order, in the amount of $100.00. Checks or money orders should be made payable to the County Sheriff`s Revolving Fund. Any individual wishing to obtain a permit will be charged a maximum of $100 by his local sheriff`s office. This fee covers the cost of fingerprints and background checks, but does not cover the proper firearm training. Citizens can obtain a list of qualified trainers, licensed by the state, to teach the Academy`s Basic Firearms, from their local sheriff`s office. Please encourage your local officials to avoid unnecessary further litigation of Right-to-Carry. Due to the Hancock Amendment issues, some localities may try to use the courts to avoid issuing permits. You can contact your local officials by using the "Write Your Representatives" feature at www.NRAILA.org. Please respectfully ask you legislator to avoid further delays and more court action. Missourians have been trying to secure the Right-to-Carry for more than ten years. With your help, we can make sure the wait is over.

NEW YORK

The New York State Senate has rejected Governor George Pataki`s (R) plan contained in budget bills S. 6056/A. 9556 that would have required handgun licensees to pay a $100 "certification" fee to the state; institute a five-year expiration period for licenses (currently most jurisdictions issue lifetime licenses); and charge a fee of $25 for each handgun owned, as well as for amendments, transfers, and duplicates. Senate Majority Leader Joe Bruno (R-43) had expressed his dislike for the plan from the outset, indicating that to single out the state`s 1.2 million licensed law-abiding handgun carriers with this large fee increase is unfair. The budget process won`t be over until it`s finally adopted by the Legislature, so it is important to encourage lawmakers to continue to stand firm in opposing the Governor`s plan. To get contact information for your Representatives please use the "Write Your Representatives" feature at www.NRAILA.org.

NYC

Taking a page from Governor Pataki`s book, the city`s proposed budget includes massive hikes to the already exorbitant fees paid by law-abiding gun owners. The current fee of $255 for a pistol license would rise to $340, and the fee for rifle permits would spike from $55 to $144. The fees hikes would supposedly help balance the city budget on the backs of law-abiding gun owners by producing $1.3 million. It is critical that NYC gun owners contact Mayor Bloomberg (R) at 311, and New York City Council Members at (212)-788-7100 TODAY to voice your strong opposition.

VIRGINIA

The Virginia Senate Courts of Justice Committee has recently passed out HB 1144, HB 1302, and HB 404. Please contact your state Senators and respectfully urge them to pass these bills when they reach the floor. You can find contact information for your Senator by using the "Write your Representative" feature at www.NRAILA.org.