MAJOR VICTORY FOR FIREARMS OWNERS
AND FREEDOM IN LOUISIANA
On Thursday, NRA filed a motion in United States District Court for the Eastern District of Louisiana seeking a temporary restraining order to block authorities from confiscating law-abiding citizens' firearms in the aftermath of Hurricane Katrina. Today, we are happy to report, the Court sided with NRA and issued a restraining order to bar further gun confiscations from peaceable, law-abiding victims of Hurricane Katrina in New Orleans.
Federal Judge Jay Zainey granted NRA's motion for an indefinite temporary restraining order and ordered those in power to cease and desist gun seizures. The authorities were also ordered to return guns seized by them or their agents to anyone "...who lawfully possessed them, upon presentation of identification and execution of a receipt therefore."
Commenting on the ruling, NRA Executive Vice President Wayne LaPierre said, "This is a significant victory for freedom and for the victims of Hurricane Katrina. The court's ruling is instant relief for the victims who now have an effective means of defending themselves from the robbers and rapists that seek to further exploit the remnants of their shattered lives."
Joining LaPierre in hailing the U.S. District Court decision was NRA-ILA Executive Director Chris W. Cox. "This is an important victory. But the battle is not over. The NRA will remedy state emergency statutes in all 50 states, if needed, to ensure that this injustice does not happen again."
The controversy erupted when The New York Times reported that the New Orleans superintendent of police directed that no civilians in New Orleans will be allowed to have guns and that "only law enforcement are allowed to have weapons." ABC News quoted New Orleans' deputy police chief, saying, "No one will be able to be armed. We are going to take all the weapons."
NRA also pledges that it will continue its work to ensure that every single firearm arbitrarily and unlawfully seized under this directive is returned to its rightful law-abiding owner.
Although this is great victory, we still need to hear from members who have been a victim of this gun confiscation initiative. If you have personally had a gun confiscated in Louisiana since Hurricane Katrina hit, please call (888) 414-6333. Be prepared to leave only your name and immediate contact information so we can get back to you. Once again, we are seeking contact information from actual victims of gun confiscation in Louisiana only.
For additional information, please visit www.NRAILA.org, or e-mail us at [email protected].
CLARIFICATION OF S. 397 AMENDMENTS
Recently, there has been a new wave of erroneous overstatements concerning two amendments to S. 397--The "Protection of Lawful Commerce in Arms Act." While we have provided detailed information as to the nature of these measures in past editions of the Grassroots Alert, factual information regarding their impact bears repeating.
The first measure, by Senator Herb Kohl (D-Wisc.), requires federally licensed dealers to provide a "secure gun storage or safety device" with the sale/transfer of every handgun (it does not apply to long guns). The measure, which passed by a vote of 70-30, does not require gun owners to use the device, does not apply to private transfers, and does not create any new civil liability for gun owners who choose not to use these storage devices. Virtually all new handguns today are sold with some type of secure storage or safety device. The amendment has no significant impact on current law.
The second measure--an amendment by Senator Larry Craig (R-Idaho)--passed by a margin of 87-11, and was offered this year (as it was in 2004) in a successful attempt to defeat Senator Edward Kennedy's "armor piercing" ammunition amendment that would have banned all centerfire rifle ammunition. By providing an alternative to Senator Kennedy's amendment, pro-gun senators were able to marshal the votes to defeat the Kennedy amendment.
The amendment restates the existing prohibition on manufacture, or sale by manufacturers, of "armor piercing ammunition," except for government use, for export, or for use in testing or experimentation authorized by the Attorney General. This law has been in effect for nearly two decades. It increases the mandatory minimum sentence for the use of "armor piercing ammunition" in a crime of violence or drug trafficking crime. Use of armor piercing ammunition in a crime of violence or drug trafficking crime is already a federal offense punishable by five years in prison. The amendment increases the penalty to 15 years, and authorizes the death penalty if the ammunition is used in a murder. It also directs the Attorney General to conduct a study "to determine whether a uniform standard for the testing of projectiles against Body Armor is feasible." In fact, we know such a standard is "feasible" because the National Institute of Justice (NIJ) has been testing projectiles against body armor since the early 1970s, and has regularly written and updated the standards for testing projectiles against body armor. NIJ's research has saved lives by improving the design and manufacture of body armor.
The amendment does not give the Attorney General (or anyone else) any new authority to ban ammunition, nor does it change the definition of "armor piercing ammunition." Under current law, ammunition is only "armor piercing" if it has a bullet that "may be used in a handgun" and that is made entirely from certain hard metals such as tungsten, steel, bronze or depleted uranium; or if the bullet is "designed and intended for use in a handgun" and has a jacket that weighs more than 25% of the weight of the projectile. The current definition has been in place for more than 12 years.
And finally, the amendment does not create any kind of new ammunition ban. The only ammunition that is banned as "armor piercing" is ammunition that fits the current definition, and neither the amendment nor the study would change the definition.
S. 397, as passed by the Senate, represents our best opportunity to finally enact into law a prohibition on these reckless lawsuits. It is critical that you once again contact your U.S. Representative's Capitol Hill office in Washington, D.C., and urge him/her to pass S. 397 as passed by the Senate!
You can find contact information for your elected officials by using the "Write Your Representatives" tool at www.NRAILA.org. Or you can call your U.S. Representative at (202) 225-3121.
We can and will achieve our mutual goal of finally enacting this common sense law, but only with your continued assistance. Please help us finish the job once and for all by contacting your U.S. Representative in Washington and urging him/her to support the "Protection of Lawful Commerce in Arms Act" as passed by the Senate.
NRA GRASSROOTS-ELECTION WORKSHOPS
Virginia is one of only two states holding elections this year, and in preparation for the November 8, election, NRA-ILA is hosting a FREE Grassroots-Election Workshop tomorrow in Virginia Beach (it was necessary for us to cancel the three additional workshops we had previously scheduled in other Virginia cities).
At the Workshop, you will hear from pro-freedom candidates and their staff, NRA-ILA representatives, and NRA-ILA Election Volunteer Coordinators (EVCs) on what you can do locally to propel pro-gun candidates to victory on Election Day--November 8, 2005.
The meeting will also provide a venue for lawmakers, candidates, and their staffs to reach out to NRA members and explain their positions on our Right to Keep and Bear Arms.
The Workshop will be held tomorrow, Saturday, September 24, from 9:00 a.m. to 11:00 a.m. (registration and breakfast begin at 8:30 a.m.), at the Doubletree Hotel Virginia Beach, 1900 Pavilion Drive, Virginia Beach (hotel phone number is (757)-422-8900).
Once again, the Workshop and related materials, including food and drink, are FREE! NRA members who are interested in attending, but were unable to register in advance may simply show up promptly tomorrow morning.
We hope to see you there!
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. As always, thank you for your support.****)
CALIFORNIA
Assembly Bill 996, authored by Assemblymember Ridley-Thomas (D - Los Angeles), is now on the Governor's desk. AB 996 would require all retailers to display and sell ammunition in a manner that is only accessible by an employee, not the purchaser. Any violation of this measure would result in a misdemeanor. Please contact Governor Schwarzenegger's office and urge him to oppose this onerous legislation further restricting our rights! The Governor can be reached at (916) 445-2841. The Governor has until October 9 to sign or veto this legislation, so your immediate action is needed!
NEW YORK
The Sportsmen's Association for Firearms Education Inc. (S.A.F.E.) will be hosting its "2005 Right to Carry Conference & Second Amendment Rally" on Sunday October 16, from 1:00 p.m. to 4:00 p.m. (doors open at 12:00 noon). The event will be held at the Sheraton, Long Island, 110 Vanderbilt Motor Parkway, Smithtown, NY, (631) 231-1100, (on Motor Parkway on North side of LIE between exits 53 & 55). In attendance at the event will be: Wayne R. LaPierre, NRA Executive Vice President; John C. Sigler, NRA First Vice President; Randy A. Daniels, New York Secretary of State; Jim Fotis, Executive Director, Law Enforcement Alliance of America; and John L. Cushman, S.A.F.E. President and Founder, and NRA Director. At the conference, you will get the latest information on the Right-to-Carry on Long Island, meet and network with fellow sportsmen, raise issues of concern with local and national leaders of Second Amendment organizations and local legislators, and win valuable prizes in drawings limited to attendees only. Admission and parking is free and the event is open to your family and friends.
VIRGINIA
The "Richmond Metro Friends of NRA" cordially invites you to attend its 13th Annual Fun Shoot and Banquet fundraiser, tomorrow, Saturday, September 24, 2005. The event will take place at Sussex Shooting Sports, located on Rt. 460, two miles west of the Town of Waverly. No need to bring your personal firearms--firearm manufacturer representatives will be on hand and provide all the handguns and shotguns you can shoot. Crossbow representatives will also man a special range in anticipation of Virginia's new crossbow hunting season. Gates open at 1:00 p.m., and dinner will begin at 6:00 p.m. There will be a live auction, silent auction, special drawings, and door prizes. Prizes include limited edition firearms, custom knives, and NRA Commissioned Art. Champion Action Pistol shooter Todd Jarrett will also perform a shooting exhibition. Banquet tickets are $35.00 each. For additional information on tickets, event sponsorships, contributions, or to assist the committee, please call Frankie Barham at (804) 598-5425 or visit the committee's web site at www.geocities.com/rmfnra. Also, the "Virginia Shooting Sports Association" (VSSA), NRA's Virginia state affiliate, cordially invites you to attend its Annual Meeting and "NRA Shooting Sports Clinic" Saturday, October 1, 2005. The Annual Meeting and Shooting Sports Clinic will take place at Holiday Lake 4-H Education Center, located on Rt. 723, Appomattox, Virginia. Spend the day shooting air rifles, shotguns, and high powered rifles. Then stay for dinner and hear about VSSA's accomplishments during the past year. The NRA Shooting Sports Clinic is open to VSSA members and non-VSSA members alike, and is a great opportunity to introduce your children or adult friends to the shooting sports. Lodging is available at the center. For additional information on lodging, meals, and pre-registration, please call the VSSA Office at (540) 672-5848 or visit the VSSA web site at www.myvssa.org/am.htm.
