H.R. 2640, THE “NICS IMPROVEMENT ACT,”
On June 13, the U.S. House of Representatives overwhelmingly passed H.R. 2640, the “NICS Improvement Act,” by a voice vote. H.R. 2640 is consistent with NRA’s decades-long support for measures to prohibit firearm purchases by those who have been adjudicated by a court as mentally defective or as a danger to themselves or others. Additionally, H.R. 2640 makes needed, and long overdue, improvements to the National Instant Criminal Background Check System (NICS).
While the media continues to characterize this bill as a “gun-control” measure, nothing could be further from the truth. The national media either have not bothered to read and accurately assess the text of the bill, or are deliberately manipulating and “spinning” the facts in order to stir up controversy and forward their agendas.
Here are the facts: H.R. 2640 would provide financial incentives to states to make records of prohibited individuals available for use in the NICS, and would also require federal agencies to provide such records. Those blocked from buying a gun due to these newly provided and updated records in the NICS are already prohibited under current law from owning firearms.
The basic goal of the bill is to make NICS as instant, fair, and accurate as possible. While no piece of legislation will stop a madman bent on committing horrific crimes, those who have been found mentally incompetent by a court should be included in the NICS as they are already prohibited under federal law from owning firearms. H.R. 2640 is sound legislation that makes numerous improvements over existing federal law, including:
- Certain types of mental health orders will no longer prohibit a person from possessing or receiving firearms. Adjudications that have expired or been removed, or commitments from which a person has been completely released with no further supervision required, will no longer prohibit the legal purchase of a firearm.
- Excluding federal decisions about a person’s mental health that consist only of a medical diagnosis, without a specific finding that the person is dangerous or mentally incompetent. This provision addresses concerns about disability decisions by the Veterans Administration concerning our brave men and women in uniform. (In 2000, as a parting shot at our service members, the Clinton Administration forced the names of almost 90,000 veterans and veterans’ family members to be added to a “prohibited” list; H.R. 2640 would help many of these people get their rights restored.)
- Requiring all participating federal or state agencies to establish “relief from disability” programs that would allow a person to get the mental health prohibition removed, either administratively or in court. This type of relief has not been available at the federal level for the past 15 years.
- Ensuring—as a permanent part of federal law—that no fee or tax is associated with a NICS check, an NRA priority for nearly a decade. While NRA has supported annual appropriations amendments with the same effect, those amendments must be renewed every year. This provision would not expire.
- Requiring an audit of past spending on NICS projects to find out if funds appropriated for NICS were misused for unrelated purposes.
Neither current federal law, nor H.R. 2640, would prohibit gun possession by people who have voluntarily sought psychological counseling or checked themselves into a hospital:
- Current law only prohibits gun possession by people who have been “adjudicated as a mental defective” or “committed to any mental institution.” Current BATFE regulations specifically exclude commitments for observation and voluntary commitments. Records of voluntary treatment also would not be available under federal and state health privacy laws.
- Similarly, voluntary drug or alcohol treatment would not be reported to NICS. First, voluntary treatment is not a “commitment.” Second, current federal law on gun possession by drug users, as applied in BATFE regulations, only prohibits gun ownership by those whose “unlawful [drug] use has occurred recently enough to indicate that the individual is actively engaged in such conduct.”
- In short, neither current law nor this legislation would affect those who voluntarily get psychological help. No person who needs help for a mental health or substance abuse problem should be deterred from seeking that help due to fear of losing Second Amendment rights.
This bill now moves to the Senate for consideration. NRA will continue to work throughout this Congressional process and vigilantly monitor this legislation to ensure that any changes to the NICS benefit lawful gun purchasers, while ensuring that those presently adjudicated by the courts as mentally defective are included in the system.
If anti-gun Members of Congress succeed in attaching any anti-gun amendments to this bill, we will withdraw support and strongly oppose it!
For additional information, please click here: http://www.nraila.org/Issues/FactSheets/Read.aspx?id=219&issue=018.
BLOOMBERG GOING GLOBAL: On Monday, Canada’s CBC News reported on Mayor Michael Bloomberg’s “Mayors Against Illegal Guns” coalition turning its sights toward the Great White North. Anti-gun Toronto Mayor David Miller, an advocate of a ban on private handgun ownership, is being courted by coalition member, Buffalo Mayor Byron Brown, to join its ranks.
SENATORS CONRAD AND ROBERTS, REP'S. POMEROY AND MORAN, INTRODUCE "OPEN FIELDS INITIATIVE" BILLS--Measures Would Increase Access to Hunting Grounds: On May 24, Senators Kent Conrad (D-N.D.) and Pat Roberts (R-Kans.), and Representatives Jerry Moran (R-Kans.) and Earl Pomeroy (D-N.D.), introduced S. 1502 and H.R. 2473, the Voluntary Public Access and Wildlife Habitat Incentive Program Act of 2007.
CONTRIBUTE TO NRA-ILA AND RECEIVE DISCOUNTED THEME PARK TICKETS! Thanks to the generosity of Anheuser-Busch, NRA-ILA has the opportunity to make available a limited number of single-day passes to one of the Anheuser-Busch Adventure Parks in the United States. These passes are valid through April 2008, and are good for a one-day adult or child admission into SeaWorld Orlando, San Antonio or San Diego; Busch Gardens or Adventure Island in Tampa Bay; Busch Gardens or Water Country USA in Williamsburg.
To make a contribution and get your tickets, please visit https://secure.nraila.org/buschgardens.aspx.
(Contributions to NRA-ILA are not tax deductible as charitable contributions for Federal Income tax purposes.)
SEEKING NOMINATIONS FOR 2006 NRA-ILA VOLUNTEER AWARDS: The “Jay M. Littlefield Memorial NRA-ILA Volunteer of the Year Award” is an annual honor that recognizes an NRA member who demonstrates exceptionally meritorious activism in defense of our Second Amendment rights. Similarly, the “NRA-ILA Volunteer Organization of the Year Award” is bestowed upon a group that has gone above and beyond the call of duty in defending our freedom over the past year. Nominations for the 2006 honors should be submitted to: NRA-ILA Volunteer Awards, c/o Suzanne Anglewicz, NRA-ILA Grassroots Division, 11250 Waples Mill Road, Fairfax, VA, 22030. Nominations may also be faxed to Suzanne at (703) 267-3918, or e-mailed to [email protected]. All nominations must be submitted by NRA members in good standing and be accompanied by a one-page description of why the nominee is deserving. Winners will be selected by NRA-ILA staff and will be acknowledged at this Fall’s NRA Board of Directors Meeting. The deadline for submissions is July 13, 2007.
STATE ROUNDUP(please click to see any updates on states not listed below.)
CALIFORNIA: Senate Hearing Scheduled for California Microstamping Bill! Assembly Bill 1471 has been scheduled for a committee hearing in the Senate Public Safety Committee on Tuesday, June 26. Please contact the members of the Senate Public Safety Committee and respectfully urge them to oppose AB1471. Contact information for the committee can be found by clicking here. AB1471 would require that after a certain date, the make, model, and serial number be micro-stamped onto the interior surface or internal working parts of all handguns in such a manner that those identifiers are imprinted onto the cartridge case upon firing.
Sacramento City Council Considering Anti-Gun Ordinances! The Sacramento City Council could vote any day on two anti-gun ordinances. The first ordinance would require that the purchaser of ammunition be subject to unnecessary forms, fingerprinting, and a background check for every retail purchase. The second ordinance would dictate that a lost or stolen firearm must be reported to law enforcement within 48 hours of the discovery that the firearm is missing. Please contact Mayor Heather Fargo and the Sacramento City Council and respectfully urge them to oppose these unwarranted anti-gun measures. For contact information for the Mayor and the City Council, please click here.
COLORADO: Ouray County Commissioners Proposing Noise Ordinance That Will Ban Recreational Shooting! An ordinance is being considered by the Ouray County Board of Commissioners that would restrict decibel (db) levels to approximately 55 db. With a normal conversation being about 60 db, the maximum allowed would be 55 db during the day, and 50 db at night. This ordinance would effectively ban anyone from target shooting on his or her own property because they would violate the decibel levels emanating beyond property boundaries. The hearing for Ordinance 07-01 and 07-02 is set for Monday, June 25 at 2:00 pm. It will be held at the Ouray County 4-H Event Center located at 22739 Hwy. 550, in Ridgway. Please make plans to attend this hearing and voice your opposition to this attack on our Second Amendment rights. If you are unable to attend, please contact the members of the County Board of Commissioners at (970) 325-7320 and respectfully urge them to defeat Ordinance 07-01 and 07-02.
CONNECTICUT: “Lost or Stolen” Firearms Bill Becomes Reality in Connecticut! Unfortunately, after four years of successfully keeping the “lost or stolen” firearms bill from becoming law in Connecticut, the State House caved in to anti-gun rhetoric and passed Senate Bill 938. SB 938 will make it a crime to fail to report the loss or theft of a handgun to police within 72 hours of when you “discover or should have discovered” it missing. This law will also trigger two more investigations to determine whether or not you “should have discovered” the missing handgun and whether or not you are a “gun trafficker.” Please take the time to contact those Legislators who voted “ Yes” to turning crime victims into criminals and voice your strong disappointment in their support for this bill. Legislators can be reached at (860) 240-0100 or for help identifying your legislator and further contact information please click here.
DELAWARE: Delaware “Emergency Powers” Bill Referred Back to House! House Bill 175 passed the State Senate on Thursday, June 14 and now heads back to the House for concurrence next week. This bill would protect our Second Amendment rights by prohibiting any government agency from confiscating or regulating the lawful sale, possession, transfer, transport and carry of firearms during a state of emergency. Please contact your State Representative at (302) 744-4087 and ask him or her to defend your Second Amendment rights by supporting HB 175.
Delaware Bill to Allow Handgun Hunting Heading to House Floor! Senate Bill 93, legislation allowing hunters to hunt with a handgun instead of a shotgun during the regular shotgun season, is heading to the House floor for a vote on Tuesday, June 19. Please contact your State Representative at (302) 744-4087 and respectfully urge him or her to support SB 93.
ILLINOIS: Anti-Gun Threats Still Looming in Illinois Legislature At the moment, it appears that the Illinois General Assembly is more concerned with budget issues than attacking our Second Amendment rights. However, that can change on a moment’s notice. The magazine ban bill, Senate Bill 1007, as well as House Bill 758, legislation requiring all private firearm transfers between law-abiding citizens with valid FOID cards, even among family members, to be processed through the State Police, are still alive. We will continue to monitor legislative activities in Springfield, so be prepared to answer the call to action if law-abiding gun owners again become targets during this session.
INDIANA: Indianapolis-Marion County Soundly Defeats Discharge Ordinance! The Indianapolis-Marion County City-County Council soundly defeated Proposal 174 by a vote of 16 to 8. Proposal 174 would have severely restricted the lawful discharge of firearms within the consolidated City-County. We are grateful that the Council stood on the side of law-abiding citizens by rejecting this ill-advised proposal. Special thanks to all of the NRA members, hunters, sport shooters and Second Amendment supporters who worked so hard in opposition to Proposal 174!
MASSACHUSETTS: “One-Gun-A-Month” Bill Still Looming In Massachusetts! House Bill 3991, filed by Governor Deval Patrick (D), is still pending in the Judiciary Committee. This proposal would prohibit law-abiding Massachusetts gun buyers from purchasing more than one firearm per month. Please contact the Judiciary Committee members today and respectfully urge them to oppose H 3991 and any other proposal that limits the rights of lawful gun owners. Also, please contact Governor Patrick and politely ask him to withdraw this anti-gun legislation. Contact information can be found by clicking here.
MICHIGAN: “No-Net-Loss” Legislation Heading to Senate Floor! House Bill 4597, “No-Net-Loss” legislation, is heading to the Senate floor for consideration. This bill will protect Michigan’s valuable hunting tradition by ensuring that today's total acreage of public hunting lands is not reduced. Please contact your State Senator at (517) 373-2400 and respectfully urge him or her to pass HB4597 to protect Michigan’s hunting heritage.
Please Voice Your Opposition to Potential Hunting Fee Increase! Michigan currently ranks last in hunter retention in the country and if House Bill 4624 were to pass, this dubious distinction would only be solified. HB4624 seeks to double and triple hunting license fees over the next four years. Please attend two upcoming meetings of the Appropriations Natural Resources Committee and voice your opposition to this Draconian tax on our hunting tradition. Meetings have been scheduled for: Monday, June 18 at 6:00 p.m. in the Carl T. Johnson Center, 6093 E. M-115 Cadillac, MI 49601 and on Monday, June 25 at 4:00 p.m. in the St. Ignace Public Library, W. Spruce Street, St. Ignace, MI 49781. If you are unable to attend, please contact your State Representative at (517) 373-6339 and let him or her know that you oppose HB4624.
MISSOURI: Missouri’s “Hunting Heritage Protection Act” Being Undermined! In its June 2007 monthly newsletter, the Missouri Municipal League (MML) urged all cities that do not currently have restrictions on hunting and the discharge of firearms to enact such an ordinance prior to the August 28 effective date of Senate Bill 225, the “Hunting Heritage Protection Areas Act.” Primarily, SB225 protects Missouri’s critical wildlife habitat and sport shooting areas within the Mississippi and Missouri Rivers 100 year flood plain by prohibiting both tax incentives for development projects and the ability of localities to enact any ordinance that restricts hunting and lawful discharge within the protected areas. In doing so, this important legislation will protect irreplaceable wildlife habitat for current and future generations of sportsmen. Please be sure to monitor your city government’s meeting and agenda announcements and alert NRA-ILA of any proposal that seeks to restrict hunting and sport shooting. Please forward any information to Kris Koenen at [email protected] or (703) 267-1209.
City of O’Fallon Withdraws Proposed Annexation of Busch Wildlife Conservation Area! The City of O’Fallon officially withdrew its proposal to annex the nearly 7,000-acre August A. Busch Memorial Wildlife Conservation Area – a move that would have been necessary for the city to achieve its intended goal of annexation of the Missouri Research Park. The controversy over the proposed annexation peaked while O’Fallon officials raced with their counterparts from nearby Weldon Spring to approve competing involuntary annexation proposals. These proposals are aimed at attracting corporate relocations to the Missouri Research Park area located in St. Charles County. Apparently, unlike O’Fallon, Weldon Spring could annex the Research Park without having to also annex the Busch Conservation Area. Using the information at www.ofallon.mo.us/elected.htm, please contact the Mayor and members of the O’Fallon City Council to thank them for withdrawing this proposal, and to encourage them to officially defeat the proposal as soon as possible!
NEW JERSEY: Tabernacle Township Passes Discharge Ban! The Tabernacle Township Committee adopted an ordinance prohibiting the use or discharge of firearms within 450 feet of an occupied building on someone else’s property, even where it is safe to do so, on Monday, June 11. Instead of hearing the proposal during a regular work session, they snuck the ordinance in during a work session. Please contact the members of the Tabernacle Township Committee at (609) 268-1220 and respectfully express your disappointment in the committee for passing this attack on our Second Amendment rights.
Bill to Reorganize Fish & Game Council Heads to Assembly Floor! A3275, a bill that seeks to drastically change the membership of the Fish & Game Council from six sportsmen and three farmers who represent various geographical regions of the state to seven political appointees recommended by the Governor, is now heading to the full Assembly. The bill passed the Assembly Environment and Solid Waste Committee by a 5-2 vote on Thursday, June 14. “Animal rights” extremists testifying in support of A3275 derided hunting as a “15th century” means to wildlife management and touted this legislation as a “21st century” tool for wildlife management. They also expressed their desire to rid the Fish & Game Council of anyone with a “hunter driven background.” Please contact your State Assembly member at (800) 792-8630 and respectfully urge him or her to vigorously oppose this anti-hunting legislation. To identify your Assembly member, please click here.
PENNSYLVANIA: Pennsylvania “Landowner Liability Protection Act” Scheduled for Senate Hearing! House Bill 13, the “Landowner Liability Protection Act,” has been scheduled for a hearing on Tuesday, June 19 in the Senate Game and Fisheries Committee. This bill would make certain that landowners who allow public hunting access without charging a fee incur no liability for property damage or personal injuries caused by hunters -- regardless of whether the damage occurs on or off the landowner's property. Please contact the Senate Game and Fisheries members today and urge him or her to support this crucial piece of legislation. Contact information for committee members can be found by clicking here.
Abington Heights School District Eliminates Rifle Team! The School Board of the Abington Heights School District has decided to eliminate the Abington Heights High School rifle team without notice to the team members and the public because of cost restraints. Please contact the Superintendent of Schools, Michael Mahon, at (570) 585-8251 and respectfully urge him to reconsider the decision to eliminate the Abington Heights High School Rifle Team.
TENNESSEE: 2007 Tennessee Legislative Round Up With the 2007 session of the Tennessee Legislature coming to a close on Tuesday, June 12, two vital Right-to-Carry reform bills failed to reach the desk of Governor Phil Bredesen (D). However, thanks to your hard work, three monumental victories were achieved in the Volunteer State. Governor Bredesen signed House Bill 1907, “Castle Doctrine,” Senate Bill 1597, Emergency Powers, and House Bill 145 “No-Net-Loss” legislation, into law. We would like to thank all of the members that took the time to call their legislators in support of these important Second Amendment bills. Without you, these advances may not have been possible.
WEST VIRGINIA: West Virginia Strikes Right-to-Carry Reciprocity Agreements! Attorney General Darrel McCraw (D) has entered West Virginia into Right-to-Carry reciprocity agreements with North Carolina, Ohio, Florida, and South Dakota. Currently, Kentucky and Virginia recognize permits issued in West Virginia.
