FLORIDA ONCE AGAIN BREAKS NEW GROUND ON SELF-DEFENSE--
Governor Bush Signs "Castle Doctrine"
Florida, which nearly two decades ago served as the model for the nation`s "shall issue" Right-to-Carry laws (now in effect in 38 states), has once again broken new ground in the area of self-defense.
On April 26, with former NRA President Marion P. Hammer looking on, Governor Jeb Bush (R) signed into law a bill that will allow Floridians to forcefully defend themselves against attackers without first having to try to escape. In a ceremony at the State Capitol, Bush signed SB-436-- Florida`s "Castle Doctrine"--into law. Sponsored by Senator Durell Peaden (R-2) and Representative Dennis Baxley (R-24), the bill unanimously passed the Senate (39-0) and overwhelmingly passed in the House ( 94-20).
Prior to signing this NRA-backed bill, Governor Bush said, "It`s a good, common sense, anti-crime issue."
The "Castle Doctrine" simply says that if a criminal breaks into your home, your occupied vehicle, or your place of business, you may presume he or she is there to do bodily harm and you may use necessary force against him or her.
It also removes the "duty to retreat" if you are attacked in any place you have a right to be, allowing you to stand your ground and fight back, meeting force with force, if you reasonably believe it is necessary to prevent death or great bodily harm to yourself or others.
Furthermore, this law provides protection from criminal prosecution and civil litigation for those who defend themselves from criminal attack and prohibits criminals and their families from suing victims for injuring or killing their criminal attackers.
Marion P. Hammer, current Executive Director of Unified Sportsmen of Florida, said: "Existing law is on the side of the criminal. The new law is on the side of the law-abiding victim. To suggest that you can`t defend yourself against a rapist who`s trying to drag you into an alley or against a car jacker who`s trying to drag you out of your car is nonsense. The ability to protect yourself, your children, or your spouse is important, no matter where you are."
In conclusion, Hammer said, "I want to thank Governor Bush and the bill sponsors, Senator Peaden and Representative Baxley, for supporting this vital measure. This law is about affirming that your home is your castle and, in Florida, you have a right to be absolutely safe inside its walls."
The law will take effect on October 1, 2005.
Keep an eye out on future Grassroots Alerts for information on similar legislation introduced in your state!
Congratulations and special thanks to all NRA members and gun owners who made phone calls and sent letters and e-mails in favor of this common- sense legislation.
CONTINUE YOUR SUPPORT FOR S. 397 AND H.R. 800
The Protection of Lawful Commerce in Arms Act (S. 397/H.R. 800) would protect law-abiding firearm manufacturers from reckless, predatory, and potentially bankrupting lawsuits.
In 2003, the "Protection of Lawful Commerce in Arms Act" passed the U.S. House of Representatives on an overwhelming bipartisan vote of 285-140, enjoyed more than 50 Senate cosponsors, and had the full support of President Bush. Sadly, the legislation was torpedoed in the Senate in 2004 by anti-gun zealots, including former Minority Leader Tom Daschle (D-S.D.), who helped his fellow anti-gun Senators attach a number of anti-gun amendments to the underlying measure.
It is imperative that you continue to contact your U.S. Senators and your U.S. Representative and ask them to cosponsor and support S.397 and H.R. 800--without any anti-gun amendments--and put a halt to these reckless lawsuits once and for all. Again, please be sure to let your lawmakers know that you consider any votes in support of anti-gun amendments to this legislation as votes against the bill itself.
To access the most up-to-date information on this issue, please go to the "Stop Reckless Lawsuits Against the Firearm Industry" heading at, www.NRAILA.org. This function will allow you to easily send an e-mail or letter to your U.S. Representative and U.S. Senators. Please forward this link to your family, friends, and fellow firearm owners.
For additional information on effectively communicating with your lawmakers, please go to: http://www.nraila.org/CurrentLegislation/ActionAlerts/Read.aspx?ID=274 (Grassroots Alert, Vol. 12, No. 12).
You may also call your U.S. Senators at (202) 224-3121, or your U.S. Representative at (202) 225-3121.
TEXAS LEGISLATURE PASSES MEASURE
TO PROTECT HUNTING OPPORTUNITIES ON PRIVATE LAND
One of NRA-ILA`s priorities this session has been passage of "No Net Loss of Public Hunting Lands" legislation in the states. However, that type of proposal would have limited impact in a state like Texas, where roughly 95% of land is privately-owned. As a result, Representative Anna Mowery (R-Fort Worth) and Senator Tommy Williams (R-The Woodlands) teamed with NRA-ILA, Texas State Rifle Association, Texas Farm Bureau, Texas Wildlife Association, and the Southwestern Cattle Raisers Association to draft legislation addressing the sportsmen`s access issue in a manner that would truly have a positive impact in the Lone Star State.
The result of these efforts was Senate Bill 734, which the Legislature gave final approval to this week, and sent to Governor Rick Perry (R). When a municipality annexes nearby land, SB 734 would allow hunting with certain firearms to continue on minimum-sized property tracts (10 acres or more for shotgun; 50 acres or more for rifle and pistol), even if the municipality has an ordinance banning the discharge of firearms. The bill also added "wildlife management" to the list of activities which would be grandfathered under Texas` "Right To Farm" Act when annexation occurs.
As Texas cities grow, opportunities for hunting or sport shooting diminish. Most municipalities have ordinances banning the discharge of firearms, with no exception for lawful hunting or safe recreational shooting. Existing state laws offer little protection to property owners who are annexed by a city, but who wish to continue hunting on their own land or leasing it out to sportsmen before development occurs around them. SB 734 changes all that, and is an important step toward protecting Texas`s hunting heritage on private land. This legislation can also serve as a model for other states that wish to address urban sprawl and its negative impact on hunting and sport shooting, and your NRA-ILA will pursue every opportunity to pass similar measures across the nation.
ANTI-GUN MOVEMENT STALLS IN ILLINOIS
WHILE STATE GUN-BAN GROUP STOOPS TO PICKING NITS
This week, gun-ban extremists in the Illinois House of Representatives failed to have two gun-ban bills brought up for a vote. The bills were HB 1098, which seeks to ban .50 cal. rifles, and HB 2414, which seeks to ban certain semi-automatic rifles and shotguns as well as .50 cal. rifles. The failure to bring these two bills up for a vote indicates your calls in opposition to banning firearms from the law-abiding citizens of Illinois are working! In fact, anti-gun extremists are so desperate to shore up the waning support of their gun-ban agenda that they have resorted to a disingenuous attack on a recent NRA-ILA alert on the bills.
A recent release by the Illinois Council Against Handgun Violence (ICHV) claims our mention of HB 1098 banning "all" .50 cal. rifles and ammunition was an intentional attempt to "mislead lawmakers and the public," according to ICHV Executive Director Thom Mannard. In fact, the word "all" was simply included in error, and all one needs to do is refer to previously written alerts on the legislation where the word is not included to see this was a simple mistake. And while it is true HB 1098 has been amended to remove the language banning ammunition, the legislation, as introduced, did seek to ban ammunition, which is clearly one of the goals of these anti-gun extremists. If passed in the House, the bill can be amended again to reinsert the ammunition ban language.
But the ICHV`s rhetoric is simply a not-so-clever attempt at misdirection. As Mr. Mannard knows, banning the rifles renders the ammunition designed for those rifles obsolete; making a rifle ban a de facto ammunition ban. Perhaps ICHV and the bill`s proponents saw amending the legislation as an opportunity to create the facade that these anti-gun zealots were compromising their gun-ban agenda, while they did not really have to give up anything. One might even say such tactics are an attempt to "mislead lawmakers" into thinking some sort of compromise was reached on the issue.
What may be more troubling, however, is Mannard`s implication that lawmakers do not take the time to read the legislation on which they are voting. No one could possibly "mislead lawmakers" into voting against a bill by using (as Mannard alleges) "false statements" unless those lawmakers never bothered to read the bill itself. Bills are regularly amended, as everyone who has even a rudimentary understanding of the legislative process knows, so it is not in the least uncommon for there to
be slight discrepancies or errors in alerts such as ours. Ironically, the ICHV`s own website, as of April 29, (three full days after its recent release attacking NRA), describes HB 1098 in its own synopsis as a bill that would ban .50 cal. ammunition, and states: "ICHV supports this bill. We believe a ban on .50 caliber rifles and ammunition (emphasis added) will greatly reduce the likelihood of terrorists using these weapons to engage in attacks against Americans." Perhaps ICHV can try to claim some accuracy regarding its posting, as the website synopsis heading contains the language "as introduced." But the next synopsis on the website refers to HB 1349, which, in its current form, simply requires handguns sold by licensed dealers to include an external safety lock. (Most new firearms already come with an external locking device, and all licensed dealers are already required to make available such devices for sale.) But the ICHV synopsis claims the legislation also requires all handguns manufactured after January 1, 2006, cannot be sold after that date unless the firearm includes an "integrated mechanical safety device." Fortunately, that language was removed by amendment more than three weeks ago. ICHV has regularly updated its website to track these bills, but has failed to update its synopses, leading one to think the organization is guilty of "false statements" in an attempt to "mislead lawmakers and the public"-- using the same standards in the release attacking NRA.
But the main fact of this issue remains: ICHV and anti-gun extremists are trying to exploit our nation`s legitimate concerns over terrorism in order to promote banning guns from law-abiding American citizens. Fortunately, the American public overwhelmingly rejects the absurd notion that banning guns will in any way offer any sort of protection from terrorism, as indicated in a recent Zogby International poll. NRA certainly apologizes for the unfortunate but honest error in our alert, and we remain steadfast in our opposition to HB 1098, which does seek to ban .50 cal. rifles.
A LOOK AT THE STATES
(****For all of the action items below, you can find contact information for your legislators by using the "Write Your Representatives" tool at www.NRAILA.org****)
ARIZONA
On April 25, Governor Janet Napolitano (D) vetoed SB 1363. This NRA-backed legislation would have made Arizona the 34th state to allow law-abiding citizens to carry self-defense firearms in restaurants and other establishments that serve alcohol. SB 1363 authorized establishment owners to post notices prohibiting firearms possession and law-abiding citizens carrying a firearm would have been prohibited from consuming alcohol. This legislation was intended to allow law-abiding citizens to defend themselves and their families while dining out and to maintain custody of their firearms so that they are not stolen from unattended vehicles parked outside of licensed establishments. Also on April 25, the Governor signed HB 2325, a bill reforming Arizona`s concealed carry law. The new provisions include: reducing the required training for first-time permit applicants from 16 hours to eight hours; reducing the required training for permit renewal applicants from four hours to two hours; eliminating the fingerprint card requirement for permit holders who are applying for a second or subsequent permit renewal; allowing military personnel to carry a concealed firearm pursuant to a permit that expired while on deployment for up to 90 days after returning from service overseas; extending the lifetime of a concealed firearm permit from four years to five years; and requiring the class two misdemeanor charge to be dropped against a person who was not carrying a permit at the time of carrying a concealed firearm, but who later provided the court with a permit that was valid at the time of the citation.
CONNECTICUT
The Judiciary Committee approved HB 6657 on April 14. It is now headed either to the Public Safety Committee or directly to the House floor. HB 6657 seeks to make criminals out of crime victims by imposing a misdemeanor charge for the failure to report a stolen firearm. The measure would also further erode the ability of licensed firearm dealers to hold gun shows, would
create new restrictions on who may sell firearms, and allow cities to shut down legal gun stores. Please contact your State Representatives today and urge them to oppose HB 6657.
DELAWARE
On May 3, the Senate will be considering Senate Bill 46, which would permit the hunting of deer with handguns. This bill will open up many more hunting opportunities by effectively managing the large deer population in Delaware. It is critical that you call your Senator before Tuesday at (302) 744-4286, and respectfully urge him to support SB 46, the Handgun Hunting Bill.
ILLINOIS
In the House of Representatives, SB 2103, which seeks to improve the existing range protection law, and SB 2104, which seeks to eliminate restrictions established by municipalities on transporting firearms, each passed out of the House Agriculture and Conservation Committee, and are now awaiting a floor vote. Please call your State Representative at (217) 782-8223 and urge him to support SB 2103 and SB 2104 when they come up for a vote on the floor. Also, please urge him to continue to oppose any anti-gun efforts, including banning firearms from the law-abiding citizens of Illinois.
LOUISIANA
The Legislature convened this week for its 2005 regular session. Two significant "gun control" measures have been introduced and could be considered by Senate and House committees in the coming weeks. SB 319, a state version of the federal gun ban which sunset last year, is much broader than the federal law in terms of the number of firearms it covers and because it would restrict the purchase, possession, and transport of certain semi-automatic firearms and ammunition to individuals who obtain a two-year, $100 permit from the Louisiana State Police. Please contact your State Senators at (225) 342-2040 and urge them to oppose SB 319. HB 726 is a three percent tax on ammunition sales in the state to fund juvenile crime prevention programs that focus on "stress management and reduction," "conflict resolution and anger management," and "self-esteem development." Please contact your State Representatives at (225) 342-6945 and urge them to oppose HB 726, To view copies of these bills and for further contact information, please visit www.legis.state.la.us.
MAINE
LD 1579, legislation which proposes to ban the possession of so-called "assault weapons" and .50 caliber rifles in Maine, is being heard next week by the Committee on Criminal Justice and Public Safety. This legislation seeks to ban certain semi-automatic firearms and .50 caliber rifles commonly used for competitive shooting and other sporting purposes. The proposal also declares certain firearms and ammunition as contraband, thereby allowing law enforcement to confiscate and seize your firearms without compensation. Without a doubt, this proposal is by far more insidious than the bans in California and New York City. Please attend a public hearing on Monday, May 2 at 10:00 a.m. in Room 208 of the Cross Building. In addition, please contact your legislator and respectfully urge him or her to oppose LD 1579! You can reach the Maine legislature at (207) 287-1400.
NEBRASKA
LB 454, also known as the "Concealed Handgun Permit Act," should be voted on next week. Please continue to contact your Senator and urge him or her to support a cloture vote on this important legislation. Your phone call can help make Right-to-Carry a reality in the Cornhusker State! To contact your Senator, please call (402) 271-2271.
NEVADA
AB 232, a NRA-supported bill by Assemblyman Richard Perkins (D-23, Clark County), which clarifies the Nevada Revised Statutes regarding the definition of concealed carry, passed unanimously out of the Assembly. It is now headed to the Senate. AB 232 will also amend state law to allow for compliance with the federal "Law Enforcement Officers Safety Act of 2004," which allows for retired law enforcement officers authorized under the federal law to carry a concealed firearm. The bill will be heard in the Senate on May 5. It is vital that NRA members contact Senate members and ask for their support of this important measure. For information on how to contact your Senator, please call (800) 978-2878 or visit www.leg.state.nv.us/general/feedback.cfm.
OREGON
HB 2529, an NRA-backed "No Net Loss of Public Hunting Lands" bill, passed the House Agriculture and Natural Resources Committee and should be up for a vote on the House floor next week. Please contact your State Representatives at (503) 986-1187 and urge them to support HB 2529. Please visit www.leg.state.or.us/house for further contact information.
SOUTH CAROLINA
On May 3, the South Carolina Senate Judiciary Committee will consider H 3110, the NRA-backed Right-to-Carry reciprocity bill. Please call committee members at (803) 212-6610 and urge them to vote for H 3110, and oppose any weakening amendments. You can find further contact information on committee members by visiting www.scstatehouse.net/html-pages/senatecommlst.html#jud.
TEXAS
This week, the Senate Veterans Affairs & Military Installations Committee reported out HB 322 by Representative Suzanna Hupp (R-Lampasas) and Senator Craig Estes (R-Wichita Falls), and HB 685 by Representative Patrick Rose (D-Dripping Springs) and Senator Leticia Van de Putte (D-San Antonio). HB 322 lowers the minimum age requirement for a Concealed Handgun License (CHL) to 18 and reduces CHL application fees by 50 percent for active military personnel. The bill was amended while in committee to delete its application to veterans, because of the significant fiscal impact in a tight budget year. HB 685 deletes the range instruction portion of the CHL course for military personnel with recent handgun training. Both bills now move to the Senate floor for consideration. Please contact your State Senators at (512) 463-0100 and urge them to support HB 322 and HB 685.
