alan
Member
GREAT NEWS!
Gun Registration Provisions In HR 3199 Stall Yet Again
Gun Owners of America E-Mail Alert
8001 Forbes Place, Suite 102, Springfield, VA 22151
Phone: 703-321-8585 / FAX: 703-321-8408
http://www.gunowners.org
--------------------------------------------------------------
"We should be very proud that... the American Conservative Union, the
GUN OWNERS OF AMERICA, the U.S. Chamber of Commerce, the American
Library Association and the American Book Sellers Association have
come together [in opposition to H.R. 3199]." -- Rep. Bernie Sanders,
Dec. 14, 2005
-------------------------------------------------------------
Tuesday, December 20, 2005
Twice, the leadership in the U.S. Senate has tried to run H.R. 3199
up "the hill." Twice it has failed.
On Friday, supporters of the bill failed to garner the 60 votes
needed to stop the filibuster of the PATRIOT conference report. The
final vote was 52-47.
At issue for gun owners is a provision that would allow the FBI to
obtain "firearms sales records." The bill extends Section
215 of the
PATRIOT Act and allows agents of the federal government to get
"firearms sales records" which, in their opinion, are relevant to
investigating terrorism.
These records would be obtained from gun dealers, who are required by
law to keep the gun purchase records (4473 forms). Thus, an anti-gun
administration could then easily compile gun owner registration lists
-- an enterprise which has often been a prelude to gun confiscation.
Congressmen on both sides of the fence made reference to GOA's
concerns last week when the House considered the latest version of
H.R. 3199.
During the debate, Rep. Dana Rohrabacher (R-CA) stated that people
"should take note of what is happening here because the expanded
police powers of the Federal Government will be used against them.
Our Second Amendment friends already understand that...."
And Rep. Bernie Sanders (I-VT) challenged House Republicans to
consider whether they are really comfortable with "allowing the FBI
to access Americans' reading records, GUN RECORDS, medical records
and financial records without judicial approval; [or] allowing the
FBI to search someone's home without probable cause and without
telling that person about the search."
In the Senate, Larry Craig (R-ID) and Russ Feingold (D-WI) led the
opposition to the latest version of the bill. If a compromise is not
reached, 16 provisions of the bill will expire on December 31 --
provisions that include the Section 215 "gun registration"
language.
Much has been made of the expiration date later this month. People
should understand that only 16 provisions of the original PATRIOT Act
will expire on New Year's -- and these provisions are some of the
most controversial ones in the original act, as they affect the
Fourth Amendment protections that American citizens enjoy.
REGISTRATION OF GUN OWNERS
H.R. 3199 would extend provisions which the FBI claims would allow it
to seize 4473 forms, without the approval of any judge.
This runs contrary to the protections that were gained in the
Firearms Owners Protection Act of 1986, when it prohibited the
establishment of any registration system with respect to firearms [18
USC 926(a)(3)]. It is also significant to note that federal code
bans inspections of gun dealers records, excluding four, narrowly
tailored exceptions [18 USC 923(g)(1)(b)]. Those exceptions are
absent with regard to the FBI's current practice of soliciting 4473
forms under the PATRIOT Act.
The protections that were won during the McClure-Volkmer battle took
years to achieve, and it would be a shame to see those protections
superseded by another enactment of gun control -- all in the vain
hope that gun owners' purchase records can somehow help authorities
curb terrorism. (Gun registration certainly hasn't worked to curb
crime in any of the states or localities that have implemented it.)
For this reason, Gun Owners of America has told Senators that we
would like to see serious reforms in this bill, including language
which further restricts the ability of a future, anti-gun
administration to muster a gun owner registration list.
The status of H.R. 3199 is unclear at this time. But it is more than
likely that the Senate will hold another vote later this week.
ACTION: Please contact your two Senators and urge them to vote
against the House-Senate conference report on H.R. 3199, unless gun
records are removed from the records which can be demanded under
Section 215 of the PATRIOT Act.
You can visit the Gun Owners Legislative Action Center at
http://www.gunowners.org/activism.htm to send your Senators a
pre-written e-mail message such as the one below.
-----Pre-written letter-----
Dear Senator:
Please vote against the current version of the PATRIOT
reauthorization bill (HR 3199) because it would extend provisions
which the FBI claims would allow it to seize 4473 forms, without the
approval of any judge.
This runs contrary to the protections that were gained in the
Firearms Owners Protection Act of 1986, when it prohibited the
establishment of any registration system with respect to firearms
[see 18 USC 926(a)(3)]. It is also significant to note that the law
bans inspections of gun dealers records, excluding four, narrowly
tailored exceptions [18 USC 923(g)(1)(b)]. Those exceptions are
absent with regard to the FBI's current practice of soliciting 4473
forms under the PATRIOT Act.
You are certainly familiar with the rule of construction that deems
more recent legislation to trump older legislation when there is a
clear conflict between the two. The protections that were won during
the McClure-Volkmer battle took years to achieve, and it would be a
shame to see those protections superseded by another enactment of gun
control -- all in the vain hope that gun owners' purchase records can
somehow help authorities curb terrorism. (Gun registration certainly
hasn't worked to curb crime in any of the states or localities that
have implemented it.)
It is imperative that H.R. 3199 be amended to protect gun owner
rights.
Please vote against cloture on H.R. 3199, unless gun records are
removed from the records which can be demanded under Section 215 of
the PATRIOT Act -- a move which would return the McClure-Volkmer
protections as the operative law concerning when and where gun
records can be demanded.
Thank you.
Sincerely,
Gun Registration Provisions In HR 3199 Stall Yet Again
Gun Owners of America E-Mail Alert
8001 Forbes Place, Suite 102, Springfield, VA 22151
Phone: 703-321-8585 / FAX: 703-321-8408
http://www.gunowners.org
--------------------------------------------------------------
"We should be very proud that... the American Conservative Union, the
GUN OWNERS OF AMERICA, the U.S. Chamber of Commerce, the American
Library Association and the American Book Sellers Association have
come together [in opposition to H.R. 3199]." -- Rep. Bernie Sanders,
Dec. 14, 2005
-------------------------------------------------------------
Tuesday, December 20, 2005
Twice, the leadership in the U.S. Senate has tried to run H.R. 3199
up "the hill." Twice it has failed.
On Friday, supporters of the bill failed to garner the 60 votes
needed to stop the filibuster of the PATRIOT conference report. The
final vote was 52-47.
At issue for gun owners is a provision that would allow the FBI to
obtain "firearms sales records." The bill extends Section
215 of the
PATRIOT Act and allows agents of the federal government to get
"firearms sales records" which, in their opinion, are relevant to
investigating terrorism.
These records would be obtained from gun dealers, who are required by
law to keep the gun purchase records (4473 forms). Thus, an anti-gun
administration could then easily compile gun owner registration lists
-- an enterprise which has often been a prelude to gun confiscation.
Congressmen on both sides of the fence made reference to GOA's
concerns last week when the House considered the latest version of
H.R. 3199.
During the debate, Rep. Dana Rohrabacher (R-CA) stated that people
"should take note of what is happening here because the expanded
police powers of the Federal Government will be used against them.
Our Second Amendment friends already understand that...."
And Rep. Bernie Sanders (I-VT) challenged House Republicans to
consider whether they are really comfortable with "allowing the FBI
to access Americans' reading records, GUN RECORDS, medical records
and financial records without judicial approval; [or] allowing the
FBI to search someone's home without probable cause and without
telling that person about the search."
In the Senate, Larry Craig (R-ID) and Russ Feingold (D-WI) led the
opposition to the latest version of the bill. If a compromise is not
reached, 16 provisions of the bill will expire on December 31 --
provisions that include the Section 215 "gun registration"
language.
Much has been made of the expiration date later this month. People
should understand that only 16 provisions of the original PATRIOT Act
will expire on New Year's -- and these provisions are some of the
most controversial ones in the original act, as they affect the
Fourth Amendment protections that American citizens enjoy.
REGISTRATION OF GUN OWNERS
H.R. 3199 would extend provisions which the FBI claims would allow it
to seize 4473 forms, without the approval of any judge.
This runs contrary to the protections that were gained in the
Firearms Owners Protection Act of 1986, when it prohibited the
establishment of any registration system with respect to firearms [18
USC 926(a)(3)]. It is also significant to note that federal code
bans inspections of gun dealers records, excluding four, narrowly
tailored exceptions [18 USC 923(g)(1)(b)]. Those exceptions are
absent with regard to the FBI's current practice of soliciting 4473
forms under the PATRIOT Act.
The protections that were won during the McClure-Volkmer battle took
years to achieve, and it would be a shame to see those protections
superseded by another enactment of gun control -- all in the vain
hope that gun owners' purchase records can somehow help authorities
curb terrorism. (Gun registration certainly hasn't worked to curb
crime in any of the states or localities that have implemented it.)
For this reason, Gun Owners of America has told Senators that we
would like to see serious reforms in this bill, including language
which further restricts the ability of a future, anti-gun
administration to muster a gun owner registration list.
The status of H.R. 3199 is unclear at this time. But it is more than
likely that the Senate will hold another vote later this week.
ACTION: Please contact your two Senators and urge them to vote
against the House-Senate conference report on H.R. 3199, unless gun
records are removed from the records which can be demanded under
Section 215 of the PATRIOT Act.
You can visit the Gun Owners Legislative Action Center at
http://www.gunowners.org/activism.htm to send your Senators a
pre-written e-mail message such as the one below.
-----Pre-written letter-----
Dear Senator:
Please vote against the current version of the PATRIOT
reauthorization bill (HR 3199) because it would extend provisions
which the FBI claims would allow it to seize 4473 forms, without the
approval of any judge.
This runs contrary to the protections that were gained in the
Firearms Owners Protection Act of 1986, when it prohibited the
establishment of any registration system with respect to firearms
[see 18 USC 926(a)(3)]. It is also significant to note that the law
bans inspections of gun dealers records, excluding four, narrowly
tailored exceptions [18 USC 923(g)(1)(b)]. Those exceptions are
absent with regard to the FBI's current practice of soliciting 4473
forms under the PATRIOT Act.
You are certainly familiar with the rule of construction that deems
more recent legislation to trump older legislation when there is a
clear conflict between the two. The protections that were won during
the McClure-Volkmer battle took years to achieve, and it would be a
shame to see those protections superseded by another enactment of gun
control -- all in the vain hope that gun owners' purchase records can
somehow help authorities curb terrorism. (Gun registration certainly
hasn't worked to curb crime in any of the states or localities that
have implemented it.)
It is imperative that H.R. 3199 be amended to protect gun owner
rights.
Please vote against cloture on H.R. 3199, unless gun records are
removed from the records which can be demanded under Section 215 of
the PATRIOT Act -- a move which would return the McClure-Volkmer
protections as the operative law concerning when and where gun
records can be demanded.
Thank you.
Sincerely,