Explore The NRA Universe Of Websites

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: City of San Diego Considers Gun Control Ordinance

Friday, July 12, 2019

California: City of San Diego Considers Gun Control Ordinance

San Diego City Attorney, Mara Elliott has asked the City Council to consider a draft ordinance that would require mandatory locked storage of firearms in the home and would propose a conflicting law regarding the reporting of ...

Recent Poll Shows Gun Control Not as Popular as Some Would Like to Believe

News  

Monday, July 8, 2019

Recent Poll Shows Gun Control Not as Popular as Some Would Like to Believe

A recent Morning Consult/POLITICO poll, conducted immediately prior to the recent  Democratic debates and gathering responses from 1,991 registered voters, asked about views toward the candidates, issues of potential importance in the election, voting intention, and ...

Vox Wants to Take Your Guns

News  

Monday, July 8, 2019

Vox Wants to Take Your Guns

A conspiracy relies on secrecy. Some are, perhaps, never uncovered. Others are exposed by the conspirators themselves, who cannot help but share the details whether from arrogance or anxiousness. For years, law-abiding gun owners and ...

New Zealand Experience Further Proves Registration Facilitates Confiscations

News  

Monday, July 8, 2019

New Zealand Experience Further Proves Registration Facilitates Confiscations

Firearms registration facilitates firearms confiscation. This fact has been demonstrated in recent weeks, as the New Zealand authorities have lamented that the country does not have a firearms registry to assist them in their gun confiscation efforts.

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.

HR 218/Law Enforcement Officers Safety Act (LEOSA)

Gun Laws  

Sunday, May 11, 2014

HR 218/Law Enforcement Officers Safety Act (LEOSA)

LEOSA, as Amended by the National Defense Authorization Act of 2013 (Jan 2, 2013) (Changes have been italicized.) § 926B.

Virginia: Defend Freedom, Oppose Gov. Northam in Richmond Tomorrow

News  

Monday, July 8, 2019

Virginia: Defend Freedom, Oppose Gov. Northam in Richmond Tomorrow

Governor Ralph Northam and his gun ban allies are ready to push their extreme anti-gun agenda when the General Assembly convenes its special session tomorrow--July 9th. Your NRA is calling on members and Second Amendment supporters ...

Hawaii: Governor Ige Signs Anti-Gun Legislation

Wednesday, July 10, 2019

Hawaii: Governor Ige Signs Anti-Gun Legislation

On July 9th, Governor David Ige signed the final remaining anti-gun bill awaiting his consideration, Senate Bill 600. This comes on the heels of him signing Senate Bill 1466 on June 27th. 

NRA Statement On Virginia Special Session

News  

Tuesday, July 9, 2019

NRA Statement On Virginia Special Session

FAIRFAX, Va.–   The interim executive director of the National Rifle Association Institute for Legislative Action, Jason Ouimet, released the following statement today regarding the special session in Virginia:  "The National Rifle Association has a long ...

California: Injunction Request to be Filed in Lawsuit Challenging California Ammo Law

Wednesday, July 3, 2019

California: Injunction Request to be Filed in Lawsuit Challenging California Ammo Law

CRPA, with the support of NRA, challenged the ammunition background check law in court months ago with the filing of the Rhode v. Becerra case. The lead plaintiff in the case is Olympic gold medalist shooter ...

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.