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Grassroots Alert: Vol. 17, No. 12 3/26/2010

Court Dismisses "Heller II" Case --
D.C. Gun Registration, "Assault Weapon"
Ban, and
"Large" Magazine Ban Upheld

 

Today, District Judge Ricardo M. Urbina, of the U.S. District Court for the District of Columbia, dismissed Heller v. District of Columbia, NRA's case challenging D.C.'s prohibitive firearm registration requirements, and its bans on "assault weapons" and "large capacity ammunition feeding devices." Mr. Heller was, of course, lead plaintiff in District of Columbia v. Heller, decided by the Supreme Court in 2008.

Judge Urbina rejected Heller's assertion that D.C.'s registration and gun and magazine bans should be subject to a "strict scrutiny" standard of review, under which they could survive only if they are justified by a compelling government interest, are narrowly tailored to achieve that interest, and are the least restrictive means of achieving that interest.

In support of that rejection, Urbina opined that in District of Columbia v. Heller (2008) the Supreme Court "did not explicitly hold that the Second Amendment right is a fundamental right," and he adopted the argument of dissenting Justices in that case, that the Court's upholding of a law prohibiting possession of firearms by felons implied that the Court did not consider that laws infringing the right of law-abiding Americans to keep and bear arms should be subject to a strict scrutiny standard of review.

Plan To Attend Free Grassroots Workshop At NRA's Upcoming Annual Meetings In Charlotte, NC!  With the 2010 elections rapidly approaching there will be no better time than during NRA's Annual Meeting to ensure we are prepared to register pro-gun voters, mobilize them for action, and turn them out to vote on ELECTION DAY!

Your Help Is Needed In Support of BATFE Reform Bills S. 941 And H.R. 2296:
As we've been reporting for months, Senator Mike Crapo (R-Idaho) and Senate Judiciary Committee Chairman Patrick Leahy (D-Vt.) have introduced S. 941, the "Bureau of Alcohol, Tobacco, Firearms and Explosives Reform and Firearms Modernization Act" in the U.S. Senate.  Representatives Steve King (R-Iowa) and Zack Space (D-Ohio) have introduced a companion bill -- H.R. 2296 -- in the U.S. House.  The bills would roll back unnecessary restrictions, correct errors, and codify longstanding congressional policies in the firearms arena.  These bipartisan bills are a vital step to modernize and improve BATFE operations.

Grassroots News Minute Video:  We recently debuted a new and improved format for the "Grassroots News Minute" video!  To view the current video in its new format, please click here:

 



Get Your Copy of Stephen Halbrook's Freedmen, the Fourteenth Amendment, and the Right to Bear Arms, 1866-1876:  Does the Second Amendment apply to the states?  The Supreme Court will soon decide that critical question.  As that historic day approaches, there's no better time for all Americans to learn more about this issue.

Second Amendment March On Washington Scheduled For April:  There will be a Second Amendment March in Washington, D.C., on April 19, 2010, from 10:00 a.m. to 4:00 p.m.  Attendees will gather on the northeast corner of the Washington Monument grounds at 10:00 a.m., and the entire event will take place there (due to logistics, the event will be more of a "rally" than an actual march). 

Join The NRA Online Advisory Panel:  Last November, the NRA introduced a new service and community for our members, the NRA Online Advisory Panel. Inside this community, NRA members can vote and comment on Second Amendment issues, see how they compare to Congress, and track key legislation.  The panel now has more than 10,000 members.  The opinions and feedback of the Online Advisory Panel are helping to guide the strategy and agenda of the NRA heading into a critical political cycle.  If you're not already a member of this growing community, you don't know what you're missing.  We hope you will take a moment to join today by clicking HERE.  

Another Way To Get Involved:  Online Social Networking:  Internet social networking has exploded in recent years.  Websites such as Facebook, YouTube, and Twitter attract millions of users.  These on-line communities foster a connection between their users, and allow distribution of user-generated content (like pictures, profiles, music, video, and text).

STATE ROUNDUP  (Please note the only items listed below are those that have had recent action.  For other updates on state legislation, please go to the state legislation section at www.NRAILA.org, and check each week's issue of the Grassroots Alert.)

ALABAMA:  Bill to Repeal Ban on Short Barreled Rifles and Shotguns Pending Action  House Bill 2 is still pending action in the Alabama Senate.  Sponsored by State Representative Jeremy Oden (R-11), HB2 would repeal the section of the Alabama statute that prohibits the possession, sale, receipt, or use of short barreled rifles and shotguns.  These firearms are already legal under federal law when properly registered.  Please contact your State Senator TODAY at (334) 242-7800 and respectfully urge them to support HB2.  Contact information for your Senator can be found here

Governor Signs Important Pro-Hunting Bill into Law!  On Monday, March 22, Governor Bob Riley (R) signed House Bill 330 into law.  HB330, authored by State Representative Craig Ford (D-28), will require that the state maintain at least the same level of available public hunting land that currently exists.  It will also require that additional lands be opened to hunting if land that is currently open to hunting is closed.  Thank you to all of the NRA members who answered the call in support of HB330.  Without you, this victory would not have been possible.

ARIZONA:  House Passes Right to Hunt and Fish Amendment  On Wednesday, March 24, HCR 2008, Arizona's Right to Hunt and Fish Constitutional Amendment, passed its third and final reading in the House by a vote of 37 to 18, with five listed as absent.  HCR 2008 will now head to the Senate for assignment.  Although it has been an activity conducted by humans since the beginning of time, hunting has been targeted for extinction by the well-funded animal "rights" extremists at the Humane Society of the United States (HSUS).  They spend $120 million a year lobbying and litigating against hunting and science-based wildlife management.  Hunters are America's true conservationists.  No other group contributes more in order to preserve and reestablish wildlife populations and their habitats.  It is time that hunting receives the highest form of protection available and that is what is provided in HCR 2008.  The emotional cries of the animal "rights" extremists cannot be allowed to dictate the future of Arizona's wildlife policies.  If passed and approved by the voters, HCR 2008 would make Arizona one of nearly a dozen states with such a constitutional protection.  Please contact your State Senator and respectfully urge him or her to support this important constitutional amendment. Contact information can be found by clicking here.

FLORIDA:  REPORT -- ROUND 10: The Florida House Passed the CW Trust Fund BiIl 115-0  On Tuesday, March 23, the Florida House passed the Concealed Weapons Licensing Trust Fund Bill by a unanimous vote of 115-0.  Rep. David Rivera (R) steered the bill smoothly to passage and sent it on it's way to Governor Charlie Crist, who is expected to sign it.  Sen. Charlie Dean (R) and Rep. David Rivera (R) did masterful jobs with the bill.  SB-1158 is a bill to STOP legislative raids to remove (confiscate) gun owner money from the Division of Licensing Trust Fund -- that holds funding to administer the Concealed Weapons & Firearms Licensing program.  To learn more, please click here.

GEORGIA:  Two Pro-Gun Bills on the Move  Earlier this week, two pro-gun bills passed the Senate with bi-partisan support.  Senate Bill 291 would allow a person lawfully licensed to carry a concealed firearm the right to carry in all non-secure areas and while dropping off or picking up passengers at an airport or airport facility.  Senate Bill 308 would reform Georgia's right to carry laws so that Georgia would become a pure "shall-issue" state and the concealed carry license would enable the person to carry any weapon, openly or concealed.  Both bills will move to the House of Representatives for committee assignment. No action is needed at this time, but please continue to check www.NRAILA.org for updates on this important legislation.

INDIANA:  Please Thank Your Legislators for Supporting Indiana's New Emergency Powers/Parking Lot Law!  As you will recall, Governor Mitch Daniels (R) recently signed House Bill 1065 into law.  HB1065 protects Hoosiers against firearm confiscation during natural disasters and prevents law-abiding gun owners from being wrongfully terminated from their jobs for having locked firearms in their vehicles while at work.  Please take a moment to thank those lawmakers who stood up and supported this vital legislation.  Contact information can be found here.

NEW YORK:  Several County Legislatures Passing Resolutions Opposing Anti-Gun Bills in Albany  In recent months, several county legislatures in New York have passed resolutions opposing the package of anti-gun bills pending action in the State Assembly in Albany.  This includes bills such as gun and ammo bans, renewal requirements for pistol permits and attacks on lawful firearm retailers and manufacturers.  Counties speaking out against these assaults on our freedom include Rensselaer, Niagara, Herkimer, Chenango, and Seneca.  If you live in one of these counties please contact your local lawmakers and thank them for speaking out.  If your county is not listed here, call your county legislators and encourage them to send a message to Albany, as well!

OREGON & WASHINGTON:  Management Plan Includes Hunting on the Julia Butler Hansen Refuge  The Fish and Wildlife Service has released a plan to guide management actions for the next 15 years on the Julia Butler Hansen Refuge, a 6,000 acre refuge along the Columbia River in southwestern Washington and northwestern Oregon.  The refuge was established to protect habitat for the endangered Columbian white-tailed deer.  The preferred management approach calls for opening Crims and Price Islands to waterfowl hunting.  One other option would open those islands to waterfowl hunting, but close a small portion of Steamboat Slough to hunting.  Public comments can be submitted until Monday, March 29 and emailed to [email protected].  The plan can be viewed at http://www.fws.gov/willapa.  For further information please call 360-484-3482.  The Service needs to receive support for opening the refuge to hunting.  Anti-hunters can be counted on to pressure the Service against it. 

PENNSYLVANIA:  Please Attend the 5th Annual Right to Keep and Bear Arms Rally!  Please join Wayne LaPierre, NRA Executive Vice President, other Second Amendment activists, and countless patriots for the opportunity to voice your support for our cherished firearm freedoms.  On Tuesday, April 27 at 10 a.m. at the State Capitol in Harrisburg, Second Amendment supporters will gather in solidarity for our gun rights.  Don't miss this great opportunity to meet with legislators and urge them to stand up and support the Second Amendment by passing pro-gun advancements currently pending action in the legislature.  For more information and to register, please visit www.2ARally.com.  Note: attendees must pre-register.

TENNESSEE:  Consideration of Restaurant Carry Bill Delayed Two Weeks  On Wednesday, March 24, the House Finance, Ways, and Means Budget Sub-Committee heard House Bill 3125 and decided to roll the bill two weeks.  It will not be heard again until Wednesday, April 7.  HB3125, with an NRA-backed amendment, would enable a person who has a valid Right-to-Carry permit to carry a firearm for self-defense into restaurants where alcohol may be served, as long as the permit holder is not consuming alcohol or is not otherwise prohibited by posting provisions.  Introduced by State Representative Curry Todd (R-95), HB3125 was filed in response to a court ruling last November.  The current law was held to be unconstitutionally vague because of a perceived ambiguity over the state's definition of "restaurants."  This bill, with the NRA-backed amendment, will correct any ambiguity.  It is imperative to continue to contact members of the House Finance, Ways, and Means Budget Sub-Committee and respectfully urge them to vote for HB3125 with the NRA-backed amendment.  Contact information for the committee can be found here.

Right to Hunt and Fish Amendment Heads to Governor's Desk!  Senate Joint Resolution 30 passed the State House on Thursday, March 18, by a vote of 90-1.  SJR30 now heads to Governor Phil Bredesen's (D) desk for consideration.  This will be one of the final steps in the legislative process to get the Right to Hunt and Fish Amendment on the ballot this November.  SJR30 would propose an amendment to the Tennessee Constitution recognizing citizens' right to hunt and fish.  It provides truly meaningful protections against the anti-hunting activists who seek to ban all hunting in America.  The ultimate adoption of this constitutional amendment by the voters this November would preserve Tennessee's rich hunting and fishing traditions for generations to come.  Please contact Governor Bredesen and urge him to sign SJR30.  He can be reach by phone at (615) 741-2001 or by email at [email protected].

TEXAS:  Management Plan Includes Hunting on the Aransas National Wildlife Refuge  The Fish and Wildlife Service has released a plan to guide management actions for the next 15 years on the Aransas National Wildlife Refuge, a 10,000 acre refuge spread across Aransas, Calhoun, and Refugio Counties.  The plan proposes two management alternatives to the current management plan (Alternative A).  Although Alternative B is the Service's choice, Alternative C calls for significantly expanding all priority public uses, including hunting.  Public comments can be submitted until Tuesday, April 13 and emailed to [email protected].  The plan can be viewed at http://www.fws.gov/southwest/refuges/Plan/index.html.  For further information please call 361-286-3559.  It is important that the Service receives support for providing and enhancing hunting opportunities on the refuge.  Anti-hunters can be counted on to pressure the Service against it.

VIRGINIA: Virginia Department of Forestry Accepting Public Comment on Concealed Carry in State Forests!  The Virginia Department of Forestry is currently accepting public comment on the proposed amendment to Virginia State Forest Regulation 4VAC10-30-170, which would allow concealed carry permit holders the ability to carry a concealed handgun for self-defense in Virginia's state forests.  Public comments will be accepted by the Virginia Department of Forestry until Friday, April 16.  Please click here to submit comments respectfully urging the Virginia Department of Forestry to amend the Administrative Code and to support the Second Amendment rights of law-abiding Virginians.  Also, please attend a public hearing scheduled for Thursday, March 4 at 1:00 p.m. to show your support for this proposed amendment.  The hearing will be held at the Buckingham Agriculture Center Auditorium located at 13360 West James Anderson Highway, in Buckingham.  

WEST VIRGINIA:   Hunting is a Major Feature in Plan for New River Gorge National River  The National Park Service has released a general management plan (GMP) for the New River Gorge, a 70,000-acre park along the New River in south central West Virginia.  The important aspect of this plan is that hunting will be permanently protected.  Although hunting had been a discretionary activity in the park, its future was not threatened until the Service began a planning process which ignited efforts by anti-hunters to close the park forever to hunting.  In response to that threat an amendment was inserted into the Omnibus Public Land Management Act of 2009 which was signed into law a year ago.  It changed the discretionary "may" to the authorized "shall."  Therefore, all five of the management options addressed in the plan include this hunting mandate.  The plan can be viewed on line at http://parkplanning.nps.gov.  Select New River Gorge, West Virginia to bring up the plan.  Public comments are being accepted until April 2nd and can be sent on line per the instructions given with the plan.  Although the National Park Service is now required to open the park to hunting, it is still important for hunters to review each of the alternatives as they address hunting and submit comments.

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.