NRA Explore
APPEARS IN Second Amendment

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
California: Governor Brown Takes Action on Final Firearm-Related Bills

Monday, September 26, 2016

California: Governor Brown Takes Action on Final Firearm-Related Bills

Today, Governor Brown made his decision on the final firearm-related bills of the 2016 legislative session that made it to his desk.   Governor Brown vetoed two anti-gun bills, AB 450 and SB 1332, and signed ...

Not The Victim Hillary Needs

News  

Tuesday, September 27, 2016

Not The Victim Hillary Needs

This feature appears in the October ‘16 issue of NRA America’s 1st Freedom, one of the official journals of the National Rifle Association. “Why can’t everyone just have their DNA on file? Then it would ...

California: Referendum Update

Tuesday, September 27, 2016

California: Referendum Update

On behalf of the National Rifle Association (NRA), we would like to thank all of the volunteers and individuals who participated in the Veto Gunmageddon ballot referendum qualification effort.  Despite the tremendous efforts of all involved, ...

Hillary: Contempt For The Truth And American Freedom

News  

Thursday, September 29, 2016

Hillary: Contempt For The Truth And American Freedom

There is no greater danger to American liberty and to the security of our nation than a Hillary Clinton administration. To see the future if Clinton were to take the White House, look no further ...

Trump: The Official NRA Q&A

News  

Thursday, September 29, 2016

Trump: The Official NRA Q&A

This year’s race for the White House is like no other in our history. Hillary Clinton has made it clear that, if elected, she will come after our firearm freedoms on her very first day ...

War on Terror or a War on Guns?

News  

Friday, September 23, 2016

War on Terror or a War on Guns?

Sadiq Khan, the mayor of London, was in New York City recently on an official visit. Commenting on the bombs that exploded while he was in town, he opined that such attacks are now simply ...

Guide To The Interstate Transportation Of Firearms

Gun Laws  

Thursday, January 1, 2015

Guide To The Interstate Transportation Of Firearms

CAUTION: Federal and state firearms laws are subject to frequent change. This summary is not to be considered as legal advice or a restatement of law.

News  

Friday, July 1, 2016

California Governor Signs Draconian Gun Control Package into Law

Fairfax, Va.— California Gov. Jerry Brown signed into law on Friday a package of gun bills that were rushed through the state legislature with no regard for proper process. The National Rifle Association Institute for ...

Show Your Support—NEW NRA Yard Signs Available!

News  

Friday, September 23, 2016

Show Your Support—NEW NRA Yard Signs Available!

Show your support for NRA and the Second Amendment this election cycle by purchasing an NRA yard sign.  With everything that is at stake this year, including the Presidency, the balance of the U.S. Senate ...

Virginia Politician and Clinton Backer Brands Trump Supporters as “Mentally Deficient”

News  

Friday, September 23, 2016

Virginia Politician and Clinton Backer Brands Trump Supporters as “Mentally Deficient”

With the presidential race tighter than ever as it heads into its final stretch, panicked Hillary Clinton supporters are desperate to find a way to discredit, not just Donald Trump, but anyone who would dare ...

MORE TRENDING +
LESS TRENDING -
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.