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latest from GOA

Discussion in 'Legal' started by alan, Jun 12, 2007.

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  1. alan

    alan Member

    Dec 24, 2002
    sowest pa.
    Some describe them as "over the top" or words to that effect, and then supposedly the latest from Mc Carthy isn't available on Thomas as yet, however reading through what appears below, the following comes to mind.

    1. How much faith do you have in the FBI in particular or the bureaucracy in general?
    2. How much faith do you have in Congresswoman Mc Carthy in particular or the congress in general regarding protecting basic civil rights, gun ownership and acquisition being an example thereof.
    3. As to a "deal" worked out between Congressman Dingel and the NRA, look out for those "little noticed clauses" such seem to come out of nowhere, not to mention from conference committees.

    Compromisers On Capitol Hill Reviving Brady Expansion Again
    -- Your hard work in bottling up this bill is about to be undone

    Gun Owners of America E-Mail Alert
    8001 Forbes Place, Suite 102, Springfield, VA 22151
    Phone: 703-321-8585 / FAX: 703-321-8408

    "[The] more vociferous rival, Gun Owners of America,... has long
    opposed McCarthy's background-check bill." -- The Washington Post,
    June 9, 2007

    Tuesday, June 12, 2007

    While the entire nation was focused on the immigration bill the past
    couple of weeks, the gremlins on Capitol Hill were finalizing a
    "compromise" on gun control legislation.

    The good news is that your tremendous outpouring of opposition to
    Rep. Carolyn McCarthy's Brady enhancement (HR 297) has sent a strong
    signal to Capitol Hill that this bill is unacceptable as written.
    The bad news is that there are some seemingly pro-gun Congressmen who
    are driven to get anything passed, just so they can say they did
    something about Virginia Tech.

    So what's going on?

    On Saturday, The Washington Post reported [ see
    http://tinyurl.com/23cgqn ] that both the Democrats and the NRA
    leadership had reached a "deal" on legislation similar to the
    McCarthy bill. This "deal" involves a new bill that has been
    introduced by Rep. McCarthy (HR 2640) -- a bill that has not yet been
    posted on the Thomas legislative service. While all the legislative
    particulars are not yet available, one thing is clear: it is, as
    reported by the Post, a deal with Democrats. And it involves
    legislation introduced by the most anti-gun member of the House, Rep.
    Carolyn McCarthy (D-NY).

    The Post says that, under the new language, the federal government
    would pay (that is, spend taxpayers' money) to help the states send
    more names of individual Americans to the FBI for inclusion in the
    background check system. If a state fails to do this, then the feds
    could cut various law enforcement grants to that state. In essence,
    this is a restatement of what the original McCarthy bill does. The
    states will be bribed (again, with your money) to send more names,
    many of them innocent gun owners, to the FBI in West Virginia -- and
    perhaps lots of other personal information on you as well.

    Under the terms of this compromise, the Post says, "individuals with
    minor infractions in their pasts could petition their states to have
    their names removed from the federal database, and about 83,000
    military veterans, put into the system by the Department of Veterans
    Affairs in 2000 for alleged mental health reasons, would have a
    chance to clean their records."

    Oh really? The Brady law already contains a procedure for cleaning
    up records. But it hasn't worked for the 83,000 veterans that are
    currently prohibited from buying guns. Gun Owners of America is
    aware of many people who have tried to invoke this procedure in the
    Brady Law, only to get the run around -- and a form letter -- from
    the FBI. The simple truth is that the FBI and the BATFE think the
    83,000 veterans, and many other law-abiding Americans, should be in
    the NICS system.

    After all, that's what federal regulations decree. Unless these regs
    are changed, Congress can create as many redundant procedures for
    cleaning up these records as it wants, but the bottom line is, there
    is nothing that will force the FBI to scrub gun owners' name from the
    NICS system.

    Not only that, there is a Schumer amendment in federal law which
    prevents the BATFE from restoring the rights of individuals who are
    barred from purchasing firearms. If that amendment is not repealed,
    then it doesn't matter if your state stops sending your name for
    inclusion in the FBI's NICS system... you are still going to be a
    disqualified purchaser when you try to buy a gun.

    Moreover, will gun owners who are currently being denied the ability
    to purchase firearms -- such as the military veterans who have
    suffered from post-traumatic stress -- be recompensed in any way for
    their efforts to "clean their records"? They will, no doubt,
    have to
    spend thousands of dollars going to a shrink for a positive
    recommendation, for hiring lawyers to take their case to court, etc.

    And this is not to mention the fact that this procedure turns our
    whole legal system on its head. Americans are presumed innocent
    until PROVEN guilty. But these brave souls, who risked their lives
    defending our country, were denied the right to bear arms because of
    a mental illness "loophole" in the law. Their names were added to
    the prohibited purchasers' list in West Virginia without any due
    process, without any trial by jury... no, their names were just added
    by executive fiat. They were unilaterally, and unconstitutionally,
    added into the NICS system by the Clinton administration. And now
    the burden of proof is ON THEM to prove their innocence. Isn't that

    One wonders if these military veterans will be any more successful in
    getting back their gun rights than the gun owners in New Orleans who
    tried to get back their firearms which were confiscated in the wake
    of Hurricane Katrina. (Gun owners in the Big Easy have found it very
    difficult to prove their case and get their guns back, even though
    the courts have ruled that the police acted improperly in
    confiscating their firearms.) But isn't that the problem when honest
    people are thrust into the position of PROVING their innocence to the
    government, rather than vice-versa.

    The fact is, current federal law -- combined with BATFE's
    interpretations of that law -- will make it very unlikely that any
    court will restore the Second Amendment rights of those 83,000

    Finally, the Post article also says the "federal government would be
    permanently barred from charging gun buyers or sellers a fee for
    their background checks." Well, that sounds good, but GOA already
    won this battle in 1998 when we drafted and pushed the Smith
    amendment into law.

    GOA had to overcome opposition from certain pro-gun groups to help
    Senator Bob Smith (R-NH) introduce and push his language as an
    amendment to an appropriations bill. The Smith amendment barred the
    FBI from taxing gun buyers, something which the Clinton
    administration was considering doing.

    GOA won the vote in the Senate with a veto-proof majority and the
    Smith amendment has been law ever since. But now we're being told
    that we need to swallow McCarthy's poison pill so that the Smith
    amendment -- which is currently law -- will stay on the books. Huh?!

    ACTION: Gun Owners of America is the only national pro-gun
    organization opposing the McCarthy bill, so it is imperative that you
    contact your representative immediately. Please take action today
    and spread the word about HR 2640! We need all the help we can get.

    You can visit the Gun Owners Legislative Action Center at
    http://www.gunowners.org/activism.htm to send your Representative a
    pre-written e-mail message. You can call your Representative at
    202-225-3121, or you can call your Representative toll-free at

    ----- Pre-written letter -----

    Dear Representative:

    Gun Owners of America tells me there is a compromise brewing on
    McCarthy's Brady expansion legislation -- the recently introduced HR
    2640. I want you to know that grassroots gun owners OPPOSE this

    All the compromises on the table continue to infringe upon the Second
    Amendment. Please understand that no new gun control whatsoever is
    acceptable... period.

    If you want to know some language that gun owners would support, then
    consider this:

    "The Brady Law shall be null and void unless, prior to six months
    following the date of enactment of this Act, every name of a veteran
    forwarded to the national instant criminal background check system by
    the Veterans Administration or the Department of Veterans Affairs be
    permanently removed from that system."



    New Shocking DVD!

    "The Gang," subtitled How A Government Agency Uses The Law To
    Your Rights And Freedoms, is a DVD that details how the Bureau of
    Alcohol, Tobacco, Firearms and Explosives (BATFE) has grown from a
    tiny cell to a cancer that sucks a billion dollars a year from
    taxpayers for the harassment of gun owners. BATFE -- The Gang -- has
    no constitutional authority. It has no rules, and no congressional
    oversight that holds it accountable.

    A highly professional production from Jews for Preservation of
    Firearms Ownership, the DVD has outraged viewers who were not
    sympathetic to gun ownership and convinced them that BATFE has to go.
    Finally, America can see what this increasingly rogue agency is
    doing. "The Gang" could end the career of America's Gestapo
    if enough
    people see it. Now available through Gun Owners Foundation at just
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