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Grassroots Alert: Vol. 17, No. 25 6/25/2010

With a Key Supreme Court Decision

Pending, NRA Watches the Court's Latest Nominee

 

On Monday, June 28, the U.S. Senate Judiciary Committee will begin confirmation hearings on the nomination of Solicitor General Elena Kagan to be an Associate Justice of the U.S. Supreme Court.  With a Supreme Court decision expected that same day in the critical Second Amendment case of McDonald v. City of Chicago and many more Second Amendment cases likely to come, the NRA is following the debate over the Kagan nomination extremely closely.

Because Ms. Kagan has no judicial record and few academic writings, the NRA is carefully reviewing her record in other government posts, including her clerkship for the late Justice Thurgood Marshall and her involvement in formulating anti-gun policies at the Clinton White House.  What we've seen to date shows a hostility towards our Right to Keep and Bear Arms, such as her role in developing the Clinton Administration's 1998 ban on importation of many models of semi-automatic rifles; her note mentioning the NRA and the Ku Klux Klan as "bad guy" organizations; and her comment to Justice Marshall that she was "not sympathetic" to a challenge to Washington, D.C.'s handgun ban.

NRA Statement On DISCLOSE Act Passing The U.S. House:  The NRA's sworn duty is to protect the Second Amendment above all else. We face attacks daily from the White House, Congress, state legislatures, city councils, courts, the United Nations, multi-billion dollar media conglomerates and billionaires like Michael Bloomberg and George Soros.  Make no mistake; if our political voice is silenced, they will destroy the Second Amendment.

We refused to let that happen. We will continue to fight to protect the Second Amendment against all attacks -- direct or otherwise. And we will never back down from that commitment.

Daley Just Doesn't Get It:  In less than a week, 10 people have been killed and more than 60 others wounded by gunfire in Chicago--despite the city's decades-old gun ban. Those not blinded by anti-gun zealotry may come to the reasonable conclusion that this ban has not been effective in preventing gun-related crimes.  Chicago Mayor Richard Daley, however, would not be among that group.

Seeking Nominations For 2009 NRA-ILA Volunteer Awards:  The NRA-ILA "Jay M. Littlefield Memorial 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 in defending and promoting our rights over the past year.  Nominations for these honors for last year (2009) should be submitted to:  NRA-ILA Volunteer Awards, c/o Krista Cupp, NRA-ILA Grassroots Division, 11250 Waples Mill Road, Fairfax, VA, 22030. Nominations may also be faxed to Krista 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 2, 2010.

Voter Registration Alert:  With the 2010 elections rapidly approaching, gun owners have a tremendous opportunity to elect officials who will support our Second Amendment rights.  This will not be possible, however, unless you make your voice heard by voting, and encouraging your family, friends, and fellow gun owners to do the same. Therefore, it is critical that gun owners in these states are registered to vote for the November elections, and for the upcoming primary elections. 

Grassroots News Minute Video:  To view this week's "Grassroots News Minute" video, please click here: 

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.)

ARKANSAS:  Comments Needed on Management Plan for the Felsenthal and Overflow National Refuges  The U.S. Fish and Wildlife Service has released a plan to guide management of the Felsenthal and Overflow National Wildlife Refuges for the next 15 years.  Felsenthal is a 65,000-acre refuge established as a result of a Corps of Engineers' Ouachita and Black Rivers Navigation Project.  Overflow is a 13,000-acre refuge that was created to protect one of the remaining bottomland hardwood forests within the watershed of Overflow Creek along the Mississippi waterfowl flyway.  Felsenthal offers quota hunts for white tailed deer and turkey, and offers waterfowl, squirrel, rabbit, raccoon, and opossum hunts.  Management Alternative B proposes to create additional hunting opportunities for youth and hunters with disabilities where feasible.  Overflow offers similar hunt programs and proposes making hunting opportunities more accessible for hunters with disabilities and opening the Oakwood unit to deer hunting.  The plan can be viewed at http://southeast.fws.gov/planning under "Draft CCP Documents."  The Service is accepting comments until July 7th, and comments may be e-mailed to [email protected].  For further information, you may call 601-965-4903.  It is important to the future of hunting on these refuges that hunters comment on this draft plan.  You can be assured that anti-hunters and animal rights extremists will file comments urging the Service to reduce or eliminate the hunt programs. 

CALIFORNIA:  Long Gun Registration Bill Scheduled for a Hearing on Tuesday, June 29  Assembly Bill 1810 is scheduled to be considered by the Senate Public Safety Committee on Tuesday, June 29.  AB1810 would establish a registration system, similar to the one currently in place for handguns, for all newly-acquired long guns.  Under AB1810, the make, model and serial number of the firearm, as well as the identifying information of the purchaser would be recorded and kept on file by the California Attorney General's office.  Please contact the members of the Senate Public Safety Committee TODAY and strongly voice your opposition to AB1810.  Contact information can be found here.

Important California Pro-Hunting Bill to be Considered Next Week!  On Tuesday, June 29, the Assembly Water, Parks, and Wildlife Committee will meet to consider Senate Bill 1179.  Introduced by State Senator Dennis Hollingsworth (R-36), SB1179 would require the Department of Fish and Game to establish two free hunting days per year where unlicensed hunters can hunt if they are accompanied by someone who is licensed.  This legislation promises to help recruit the next generation of hunters by allowing novices to try their hand at hunting without initially being required to purchase a license.  Please contact the members of the Assembly Water, Parks and Wildlife Committee and respectfully urge them to support SB1179.  Contact information for the committee can be found here.

Open Carry Ban and Lead Ammo Ban Moving Forward  ca On Tuesday, June 22, Assembly Bill 1934 (Open Carry Ban) was passed by the Senate Public Safety Committee.  The bill now heads to the Senate Appropriations Committee for consideration.  Also on Tuesday, Assembly Bill 2223 (Lead Shot Ban) was defeated in the Senate Natural Resources Committee on a 4 to 3 vote.  Unfortunately, the bill was granted reconsideration and will be voted on again on Tuesday, June 29.  To learn more about these bills, please click here.  Simply put, AB1934 would outlaw the open carrying of a handgun for self-defense while AB2223 would outlaw the use of lead shot when shooting or hunting in state-run wildlife management areas.  There is no scientific evidence justifying this proposed ban.  Please contact the members of the Senate Appropriations Committee and respectfully urge them to oppose AB1934.  Also, please continue to contact the Senate Natural Resources Committee and urge them to oppose AB2223.  Contact information for both committees can be found here.

DELAWARE:  Housing Reform Bill Passes House with Anti-Gun Amendment  On Tuesday, June 22, the Delaware House of Representatives passed House Substitute 1 for House Bill 357 by a vote of 31-9.  The bill now heads to the Senate for consideration.  HS1 for HB357, sponsored by State Representative John Atkins (D-41) and State Senator Joe Booth (R-19), would prohibit public housing authorities operating within Delaware from regulating, prohibiting or restricting a tenant from lawfully owning or possessing a firearm or ammunition.  Unfortunately, on a 21 to 19 vote, the House also included an unfriendly amendment. House Amendment 3, offered by State Representative Melanie George (D-5), still gives public housing authorities the power to regulate possession in common areas.  NRA is working to strip this amendment in the Senate.  Please contact your State Senator TODAY and respectfully urge them to pass HS1 for HB357 WITHOUT House Amendment 3.  Contact information for your State Senator can be found by clicking here.

Right-to-Carry Permit Reform Awaiting the Governor's Consideration  On June 9, the Delaware Senate passed House Bill 226 by a vote of 21 to 0.  An amendment in the bill would provide an affirmative defense to any person who is charged with carrying a concealed deadly weapon and has filed for a renewal of their permit, but is still waiting for the Superior Court to act.   The House passed the bill in 2009 with the NRA-supported amendment by a voice vote, but it was not taken up by the Senate and was only recently revived.  The National Rifle Association and Delaware State Sportsmen's Association sought to include this amendment because Delaware's law-abiding permit holders have been delayed by the Court and by the Attorney General's office in renewing their licenses. Please contact Governor Jack Markell (D) and respectfully encourage him to sign HB226.  The Governor can be reached by phone at (302) 744-4101 or (302) 577-3210.  To send e-mail, please visit http://smu.governor.delaware.gov/cgi-bin/mail.php?contact.

MASSACHUSETTS:  House Votes to Send Governor Patrick's Anti-Gun Bill Back to Committee  The Massachusetts House voted to send House Bill 4102, Governor Deval Patrick's (D) anti-gun bill, back to the Joint Committee on the Judiciary for consideration.  Among other things, House Bill 4102, would limit lawful firearm purchases to one per 30-day period and require the private transfer of all firearms, even those between family and friends, to be conducted through a federally licensed firearms dealer.  In essence, this bill is a repeat of Chapter 180 of the Acts of 1998, an act that created some of the most confusing and ill-advised gun laws in the nation.  The vast majority of those new laws attacked lawful gun owners and did little, if anything, to address violent crime in the Commonwealth.  The only results have been a startling 85 percent decrease in the number of lawfully licensed gun owners in Massachusetts and a dramatic increase in crime.  If enacted, H.4102 would have disastrous effects on the Second Amendment rights of Massachusetts' law-abiding gun owners.  Please continue to check www.NRAILA.org and your e-mail for updates.

MISSOURI:  Two Important Pro-Gun Bills Awaiting Governor's Consideration  House Bill 1692 and House Bill 2081 are currently on the desk of Governor Jay Nixon (D) awaiting his consideration.  HB1692 contains numerous pro-gun provisions, such as: expanding Missouri's "Castle Doctrine" protections to any property boundaries one leases or owns; capping the sheriff fee at $10 for permit holders who change addresses; and clarifying the language, "intoxicated with a firearm," so that the person cannot be charged with a felony if they lawfully possess firearms in their home while intoxicated. HB1692 would also allow a prosecutor with a Right-to-Carry permit to carry in a courthouse, and with the judge's permission, in the courtroom as well. If signed, the bill would also bring Missouri's gun laws into compliance with federal law exempting antique firearms from "unlawful possession" citations.  HB2081 specifies that a pregnant woman may use deadly force if she reasonably believes that deadly force is necessary to protect her unborn child against death, serious physical injury, or any forcible felony.  Under current Missouri State statute, a pregnant woman can be criminally charged if she uses deadly force to protect her unborn child when violently attacked. To learn more about these bills and how you can take action, please click here.

NEW YORK:  Continue to Voice Your Opposition to Micro-Stamping in New York!  On Tuesday, June 15, the New York State Senate laid aside Senate Bill 6005 and expunged the vote.  While many consider this battle over, the bill could still be brought back to the Senate floor at any time before the proposed end of session on Monday, June 28.  Proponents of S6005 are continuing to push this extreme anti-gun legislation, so we must continue to make our voices heard.  S6005 would require all semi-automatic handguns delivered to any licensed firearms dealer in New York to mechanically stamp certain information about the firearm (such as the make, model and serial number) onto the cartridge case when the gun is discharged. This bill does not exempt models currently available, making all of these guns illegal for sale in New York unless they are redesigned by their manufacturers, which would vastly increase the cost of these firearms. We urge NRA members to continue to contact the following Senators and thank them for their "no" vote on this issue and to urge their continued opposition to S6005.  That list of Senators can be found here.

PENNSYLVANIA:  Pennsylvania Court Blocks Challenges to Local Gun Laws; NRA Plans Appeal:  On June 25, a three-judge panel of Pennsylvania's Commonwealth Court issued a ruling that makes it harder for gun owners to challenge local gun laws that were passed in violation of the state's firearm preemption law.  pa capitolThis was the second such ruling in just over a year. Pennsylvania's preemption law, like the laws in 47 other states, is supposed to stop cities, counties and towns from passing a patchwork of inconsistent laws that might trip up gun owners who travel or relocate within the state.  But an increasing number of local governments have recently pushed beyond its limits. The June 25 decision involved a Pittsburgh ordinance that makes it a crime not to report the loss or theft of a firearm to law enforcement officials.  NRA opposed the ordinance, not just because it could allow the government to victimize a person who's already suffered a serious crime, but also because the city had no authority to pass it in the first place. The court didn't get to that issue, however.  Instead, it found that the plaintiffs -- Pittsburgh gun owners who live in areas where residential burglaries are common -- had no standing to sue, because they had suffered no "direct and immediate harm."  According to the opinion by President Judge Bonnie Brigance Leadbetter, the possibility of a plaintiff having his or her gun stolen and being fined for not reporting the theft is "remote and speculative." That was the same reasoning that was used to reject an earlier challenge to a similar law in Philadelphia, but in the Pittsburgh case it drew a strong dissent from Judge P. Kevin Brobson.  Judge Brobson argued that the ruling makes it impossible for a citizen to challenge a law unless he or she is willing to go to court and either admit to violating the law, or promise to violate the law in the future.  As Judge Brobson put it, the only way to bring an effective challenge "would be willful noncompliance with a criminal ordinance.  This is no option at all." NRA agrees, and plans to seek a review of this decision by the full Commonwealth Court.  Beyond that, NRA will take whatever steps are necessary to change state preemption laws -- either through the courts or through the legislature, in Pennsylvania and anywhere else -- to protect gun owners' rights from schemes by anti-gun local politicians.

TENNESSEE:  Comments Needed on Management Plan for Tennessee National Wildlife Refuge  The U.S. Fish and Wildlife Service has released a plan to guide management of the Tennessee National Wildlife Refuge for the next 15 years.  The 51,000 acre Refuge is comprised of three separate units that run along 65 miles of the Tennessee River in Henry, Benton, Decatur, and Humphreys Counties. The Refuge offers limited hunting for deer, turkey, squirrel, raccoon, and resident Canada geese.  The three management alternatives presented in the plan would continue to provide for hunting, in varying degrees.  Alternative B, which has a public use emphasis, would increase hunting for deer and would consider new types of hunts.  The plan can be viewed at http:southeast.fws.gov/planning under "Draft CCP Documents."  Scroll down to Tennessee.  The Service is accepting public comments until July 7th, and comments may be e-mailed to [email protected].  For further information you may call 731-432-0981.  It is important to the future of hunting in the Refuge that hunters comment on this draft plan.  You can be assured that anti-hunters and animal rights extremists will file comments urging the Service to reduce or eliminate hunting in the Tennessee National Wildlife Refuge.

WASHINGTON:  Volunteers Needed on July 10 in the Snoqualmie National Forest  The U.S. Forest Service is asking for volunteers to assist in a clean-up of garbage and debris left at several shooting sites located in the Greenwater Area on the Snoqualmie Ranger District of the Mt. Baker-Snoqualmie National Forest.  The areas are becoming filled with a variety of trash, household items, and shooting debris.  In order to keep access opened, the areas need to be cleaned and maintained.  The Service does not have sufficient staff to do this on its own and is asking for help.  Please consider donating some time to this effort.  It is one of the major ways that you can help keep Federal lands open to the public for informal target shooting.  You are asked to bring trash bags and gloves.  If you can join in this volunteer effort and/or have questions, please contact Officer Ian Canaan at 206-510-6496 or email him at [email protected].

WEST VIRGINIA:  Comments Needed on Management Plan for Canaan Valley National Refuge  The U.S. Fish and Wildlife Service has released a plan to guide management of the Canaan Valley National Wildlife Refuge for the next 15 years.  The 16,000 acre Refuge is located in a high elevation valley in Tucker County and includes the largest wetland complex in the state.  The Refuge offers hunting, but the new plan would open more hunter access into the interior of the Refuge and open more land to rifle hunting.  All three management alternatives described in the plan would enhance hunting opportunities.  The plan can be viewed at http://www.fws.gov/northeast/planning.  Click on "Refuge CCP's" and scroll down to Canaan.  The Service is accepting public comments until July 16th, and comments can be emailed to [email protected].  Please put "Canaan Valley NWR CCP" in the subject line.  For further information, you may call 304-866-3858.  It is important to the future of hunting in Canaan that hunters comment on this draft plan.  You can be assured that anti-hunters and animal rights extremists will file comments urging the Service to reduce or eliminate hunting in Canaan.

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.