Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

Standing Guard July 2007--"... appropriately suspected ..."

Wednesday, July 4, 2007

STANDING GUARD

WAYNE LAPIERRE, NRA Executive Vice President

"... appropriately suspected ..."

ith the full support of Alberto Gonzales' U.S. Department of Justice, New Jersey U.S. Senator Frank Lautenberg is pushing legislation to give the government unprecedented discretionary power to secretly decree that a citizen is banned from owning firearms. The government would need nothing more than a "suspicion" using information it would not have to divulge, ever.

Called "Denying Firearms and Explosives to Dangerous Terrorists Act of 2007"--the Gonzales/Lautenberg bill, S. 1237 drafted by the Justice Department--is the broadest power grab ever proposed over the Right to Keep and Bear Arms. (To see NRA's response. click here.

Harlon B. Carter, founder of the modern NRA, said, "Judge a law by the worst reading, and in the hands of the worst enemies of the Second Amendment." Think of Hillary Clinton as president and Charles Schumer as attorney general.

Then look into Lautenberg's proposal and see what could happen to you or me if S. 1237 were ever to become law.

Imagine you are picking up a pristine 1937 first-year Winchester Model 70. You've filled out the 4473 at your friend Bill's shop, and wait for him to get the usual fast clearance from the National Instant Check System (nics). On the phone, Bill is shaking his head, very animated. He finishes his conversation and motions you over, telling you he can't transfer the rifle. You were turned down.

Bill says he argued that you were a longtime customer, a veteran, a high school teacher; and he asked why the refusal? "They gave me a number for you to call," he says.

When you get home, you are in complete shock. You call the number and are told that the refusal had something to do with "suspected terrorism" and that the government is not at liberty to say more. Terrorism?

It is simply not possible.

You hire a lawyer, and he says it must be an error. Not to worry.

But the new law says, "It shall be unlawful for any person … who has been the subject of a determination by the attorney general . . . to possess in or affecting commerce, any firearm or ammunition . . . ." Days later you receive an official notice that you no longer can own firearms--based on a suspicion. Your lawyer tells you to divest yourself of your firearms, but before you can do so, federal agents arrive at your home with a search warrant and a form demanding that you surrender all firearms and ammunition. They say you are now on the attorney general's "suspect" list, and as a prohibited person, it is a federal felony for you to possess any gun. They take your gun collection--all of it--in lieu of arrest.

The agent in charge warns you to stay away from guns. They will be observing you. All they will say to your question as to "why" is a reading of a card. It's like one of those Miranda warnings you see on tv:

"The attorney general has determined that you are known (or appropriately suspected) to be or have been engaged in conduct constituting, in preparation for, in aid of, or related to terrorism, or providing material support thereof … and that the attorney general has a reasonable belief that you may use a firearm in connection with terrorism."

A day later, your lawyer says your situation is hopeless. You can't get your guns back. Under the law you are now a prohibited person, just like a convicted felon. He reads you the new law--which requires no criminal intent or knowledge, only suspicion:

" . . . any information which the attorney general relied on for this determination may be withheld . . . if the attorney general determines that disclosure of the information would likely compromise national security." You ask the lawyer, "Can't we appeal?"

He continues: "In responding to the petition, the United States may submit, and the court may rely upon, summaries or redacted versions of documents containing information the disclosure of which the attorney general has determined would likely compromise national security."

At the sole discretion of the attorney general, they can withhold anything and everything they allegedly have on you--all in the name of "national security."

You have lost your Second Amendment rights--gun ownership is a criminal act--based on a mere "suspicion," and you can't even find out what it is.

This outrageous scenario has not happened yet, but it could if the Gonzales/Lautenberg Brave New World-like legislation--S. 1237--ever becomes law.

In creating a new criminal class of prohibited persons based on "suspicion," the same language applies to license denials, to state firearm permit denials and to sale of firearms by individuals.

The Bush administration is on record affirming the Second Amendment is an individual right, yet this bill trashes the Constitution, mocking the protections guaranteed by the Bill of Rights. It would arbitrarily take away your rights--without charges, without an arrest, without a trial and without a conviction--just because the attorney general says so. It denies citizens all due process of law at the sole discretion of government--something that must never happen in America.

Shockingly, Lautenberg is telling the world that he has the full support of the Bush administration and expects this measure to be signed into law.

E-mail, write, and telephone your U.S. senators and congressmen asking them to oppose S. 1237, and tell Attorney General Gonzales to wake up and withdraw his support.

TRENDING NOW
Bloomberg Dismisses Texas Hero, Insists It Wasn’t His “Job” to Have a Gun or Decide to Shoot

News  

Monday, January 6, 2020

Bloomberg Dismisses Texas Hero, Insists It Wasn’t His “Job” to Have a Gun or Decide to Shoot

Jack Wilson – a 71-year-old congregant of the West Freeway Church of Christ in White Settlement, Tex. – is a hero to most Americans. When a deranged man savagely murdered two of Mr. Wilson’s fellow ...

Bloomberg Bought Virginia Legislators Introduce Confiscatory Gun Ban

News  

Monday, November 25, 2019

Bloomberg Bought Virginia Legislators Introduce Confiscatory Gun Ban

Michael Bloomberg’s bought and paid for Virginia legislators have wasted no time introducing legislation that would make the Old Dominion’s gun laws worse than those of the billionaire’s home state of New York.

Alabama: Important Lifetime Carry Permit Legislation Introduced

Wednesday, January 22, 2020

Alabama: Important Lifetime Carry Permit Legislation Introduced

Today, January 22nd, legislation was introduced in the Alabama Legislature to create a new lifetime carry permit for state residents.

Washington: Mag Ban & Other Bills Heading to Senate Floor

Thursday, January 23, 2020

Washington: Mag Ban & Other Bills Heading to Senate Floor

On January 23rd, the Washington Senate Law & Justice Committee approved three anti-gun bills, among them Senate Bill 6077 to ban most standard capacity magazines. These bills are now headed to the Rules Committee awaiting being pulled ...

California: Firearm & Ammo Tax Bill Returns

Tuesday, January 21, 2020

California: Firearm & Ammo Tax Bill Returns

On Thursday, January 23, the Assembly Appropriations Committee has scheduled Assembly Bill 18, a returning anti-gun measure that was sent to the committee suspense filed last year.    

Second Amendment Rally Seems to Have Anti-Gun Extremists Disappointed … That it was so Peaceful

News  

Monday, January 27, 2020

Second Amendment Rally Seems to Have Anti-Gun Extremists Disappointed … That it was so Peaceful

In the days leading up to the annual lobby day in Richmond, Va.—where thousands of Virginians traditionally lobby their legislators on numerous issues – an unprecedented number of supporters of the Second Amendment were expected ...

Bloomberg-Bought Virginia General Assembly Ignores Peaceful Redress, Advances More Gun Control

News  

Monday, January 27, 2020

Bloomberg-Bought Virginia General Assembly Ignores Peaceful Redress, Advances More Gun Control

Despite the peaceful, orderly, and diverse gun rights protest that attracted tens of thousands of law-abiding gun owners to the state capitol, Virginia’s Michael Bloomberg-bought General Assembly has continued to push forward a radical anti-gun agenda.

Trump Administration Publishes Historic Rulemaking to Modernize America’s Firearm Export Regime

News  

Monday, January 27, 2020

Trump Administration Publishes Historic Rulemaking to Modernize America’s Firearm Export Regime

On Jan. 23, the Trump administration published rules that will be a boon to the United States firearms industry and all who utilize its products. The new regulations will become effective March 9, 2020.

New Hampshire: Bill to Shut Down Shooting Ranges Set for Committee Hearing

Thursday, January 16, 2020

New Hampshire: Bill to Shut Down Shooting Ranges Set for Committee Hearing

On January 23rd, the New Hampshire Senate Judiciary Committee will hold a public hearing on Senate Bill 469, sponsored by Senator Jeanne Dietsch (D – District 9), at 10:00 AM in Room 100 of the State ...

“Journalist” Can’t Decide: Slumping Gun Sales or Best Year Ever?

News  

Monday, January 27, 2020

“Journalist” Can’t Decide: Slumping Gun Sales or Best Year Ever?

On the eve of the annual Shooting, Hunting, and Outdoor Trade (SHOT) Show in Las Vegas, Associated Press reporter Lisa Marie Pane wrote an article titled, “Gun industry gathers amid slumping sales, rising tensions.” But it ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.