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Grassroots Alert: Vol. 18, No. 5 2/4/2011

Feinstein Asks President To
Tighten Import Restrictions On Semi-Automatic Rifles

 

On Tuesday, Sen. Dianne Feinstein (D-Calif.) sent a letter to President Barack Obama, urging him to have the Bureau of Alcohol, Tobacco, Firearms and Explosives review its interpretation of the federal law that provides for the importation of firearms "generally recognized as particularly suitable for or readily adaptable to sporting purposes."  Adopting a narrower interpretation of the law would, Feinstein claimed, help reduce violence in Mexico and the United States.

As the Supreme Court said in District of Columbia v. Heller (2008), the Second Amendment protects the right to keep and bear arms primarily for self-defense.  This means the "sporting purposes" limitation imposed by the Gun Control Act of 1968 is constitutionally suspect, to put it mildly.  What makes matters worse is that BATFE repeatedly misinterprets the law to serve political ends, which is precisely what Feinstein has in mind.

BATFE Accused Of Fatal Failure To Follow Up On Suspicious Sales:  U.S. Sen. Charles Grassley (R-Iowa) has asked the Bureau of Alcohol, Tobacco, Firearms and Explosives to respond to allegations that it allowed suspicious firearm transactions to proceed, and that a gun sold in one of those cases may have been involved in a shootout that claimed the life of a Border Patrol agent.

Bloomberg At It Again:  With Super Bowl Sunday approaching, New York City Mayor Michael Bloomberg has demonstrated why he would fail as an NFL head coach.  While most coaches modify their playbooks to adapt to their opponents, Bloomberg simply dusts off his tired, old plays, game after game.

Outrage Of The Week:  There's still no shortage of cases involving school officials' over-zealous, one-size-fits-all, zero-common sense enforcement of "zero-tolerance" rules.

Second Amendment Weekend At Cabela's:  Join NRA-ILA staff tomorrow, Saturday, February 5th, 2011, for a day of important grassroots education.  With what will no doubt be a very busy 2011, we must redouble our efforts to ensure we're prepared to meet the opportunities and challenges we will face.  Please make plans to attend NRA-ILA's FREE Grassroots Workshop and NRA University to learn what you can do to become a better activist in the fight to protect and promote the Second Amendment!

am Volunteers Needed For 2011 NRA Annual Meetings In Pittsburgh:  The 2011 NRA Annual Meetings & Exhibits will be an exciting weekend, as thousands of NRA members will come together April 27--May 1, 2011, in Pittsburgh, PA.  You can contribute to the success of our meeting by participating as an Annual Meetings Volunteer.

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.)

ARIZONA:Lake Havasu Travel Management Plan Will Affect Motorized Access for Hunters  The Bureau of Land Management is developing a Travel Management Plan (TMP) to designate the routes that will remain open to the use of motorized vehicles by the public.  The Federal lands involved in the TMP are located below I-40 in Arizona and California, north, east, and south of Lake Havasu City, including parts of the California shoreline and south within 5-7 miles of the Bill Williams River.   The public comment period on this TMP closes February 28.  Comments may be e-mailed to [email protected] or by completing the comment form on BLM's Arizona State website at www.blm.gov/az.  Click on Lake Havasu.  For further information you may call Myron McCoy at 928-505-1216 or write to [email protected].

The TMP provides four alternatives for motorized access:

Alternative A: No Action. Alternative A describes the current management of BLM-administered public lands in the planning area. The current management would continue to occur if no new decisions are made to alter it.

Alternative B: Protection. Alternative B emphasizes minimal human use and influence, and enhanced protection of remoteness and primitive recreation.

Alternative C: Proposed. Alternative C would provide an optimal balance between authorized resource use and the protection and long-term sustainability of sensitive resources within the planning area.

Alternative D: Access. Alternative D places an emphasis on maximum resource use and a more flexible, permissive resource management approach.

In addition to the effects this TMP will have on recreational access, the BLM does not intend to allow the use of vehicles for game retrieval off designated routes.  If you hunt or enjoy other recreational activities on these lands, it is important that you review the maps and comment on how these alternatives will affect your access and ability to retrieve downed game.

CALIFORNIA:Fresno Court Issues Formal Ruling Finding Ammunition Regulations are Unconstitutionally Vague
The Fresno County Superior Court has issued its ammo awaited formal Opinion holding that AB 962, the law that would have banned mail order ammunition sales and imposed burdensome record keeping requirements on gun dealers, is unconstitutional. In its 22 page Order, the Court held that "[a]fter careful consideration, the Court finds that the definition of 'handgun ammunition' as established in Penal Code §§ 12060(b) and 12318(b)(2) is unconstitutionally vague and, [that] because the definition of 'handgun ammunition' is vague, Penal Code §§ 12060, 12061, and 12318, which define and regulate sales and transfers of 'handgun ammunition' are also impermissibly vague."  The Court's Order Denying Plaintiffs' Motion for Summary Judgment and Granting in Part Plaintiffs' Motion for Summary Adjudication is posted here.  The Court's ruling follows the issuance on January 24th of a Permanent Injunction that prevents enforcement of the provisions of AB 962 (Penal Code sections 12060, 12061, and 12318.) The January 24 Order of Permanent Injunction followed the dramatic ruling on January 18 that AB 962 was unconstitutionally vague on its face. By enjoining enforcement of these statutes, mail order ammunition sales to California can continue unabated, and ammunition sales need not be registered under the law.  For more information on AB 962 and the courts formal Opinion, please click here.

COLORADO:  State of Emergency Bill Defeated in Committee
On Tuesday, February 2, Senate Bill 53 was voted down by a partisan 3 to 2 vote in the Colorado Senate State, Veterans, and Military Affairs Committee.   This legislation would have eliminated the authority of the governor to suspend or limit the sale, dispensing, or transportation of firearms during a state of disaster emergency.  State lawmakers thought they addressed the issue years ago, but it was discovered that a drafting oversight actually left a component of the old law on the books.  This committee defeated similar legislation one year ago by the same partisan 3 to 2 vote.  Thank you to all the NRA members who contacted the Senate State, Veterans, and Military Affairs Committee members.  Rest assured that the NRA will continue our effort to fix this oversight.

FLORIDA: Public Comment Sought on New Refuge Proposed in Central Florida
The U.S. Fish and Wildlife Service is proposing the creation of a new national wildlife refuge that would encompass more than 150,000 acres in portions of Polk, Osceola, Indian River, Okeechobee, and Highlands counties in Central Florida.  The proposed Everglades Headwaters National Wildlife Refuge and Conservation Area is billed as a partnership between federal, tribal, state, and local governments, along with ranchers and other landowners and private organizations.  The Service has stated that it will work with willing landowners to acquire the land in a variety of ways, including direct purchase, conservation easements, leases, and cooperative agreements.

It is unknown at this time how this proposal will affect hunting and other public recreation on lands to be acquired.  Four public meetings have been scheduled to provide the public an opportunity to hear a presentation about the proposal, to ask questions and to submit comments, ideas, and concerns.  The remaining meeting dates and locations are as follows:

February 9: Okeechobee High School at 2800 Highway 441 North in Okeechobee, (6-9 p.m.)

February 10: Vero Beach High School Main Campus Cafeteria at 1701 16th Street in Vero Beach, (6-9 p.m.)

The Service will use public comments in the development of the refuge plan.  Information about the proposal can be found at http://www.fws.gov/southeast/greatereverglades/.  Comments can be e-mailed to [email protected]The comment period closes February 28. 

MARYLAND:Senate Committee to Hear Two Anti-Gun Bills Next Week!
On Thursday, February 10 at 1:00 p.m., the Senate Judicial Proceedings Committee will consider two divisive pieces of anti-gun legislation. The first, Senate Bill 161, is a perennial bill by anti-gun legislators in Maryland which would create unnecessary hurdles in an attempt to dissuade people from filing for state-regulated firearms dealers' licenses.  Also scheduled to be considered is Senate Bill 162, legislation which would ban the manufacture or any type of transfer of so called "large capacity magazines" in Maryland. It is important that you contact members of the Senate Judicial Proceedings Committee today and strongly urge them to OPPOSE SB 161 and SB 162. More information and committee contact information can be found here.

MICHIGAN: Future of Gun Hunting at Risk in Huron-Manistee National Forest
A recent court ruling could result in the closure to gun hunting in all Semiprimitive Nonmotorized Management Areas and of the Nordhouse Dunes Primitive Area of the Huron-Manistee National Forest.

As a result of a lawsuit filed against the management plan for the Huron-Manistee, the Sixth Circuit U.S. Court of Appeals ruled that the U.S. Forest Service should have considered banning gun hunting in the semiprimitive and wilderness areas of the Huron-Manistee because it could impair the "quality recreation experience" of non-hunters.  In addition, the court ruled that the Forest Service violated its own planning regulations that call for reducing the duplication of recreational activities.

The Service published a Notice of Intent asking for public comment on the two proposed alternatives it has under consideration in preparing the SEIS:  the No Action Alternative and the Modified Closure Alternative.  Information about the SEIS can be found at www.fs.fed.us/r9/hmnf.  Click on "Land and Resources Management" and then "Forest Land and Resource Management Plan."

Public comment is being accepted on the Notice of Intent until February 11, 2011.  Comments can be e-mailed to [email protected].  Please put "Forest Plan SEIS" in the subject line.  

Nothing short of the future of hunting on all forest lands is at stake if the Forest Service buckles under the court's interpretation of its planning regulations and closes all or portions of the Huron-Manistee to hunting. It is vitally important that hunters attend the public meetings and send comments to the Forest Service in support of the "No Action Alternative." A list of meeting dates, times, and locations can be found here.

MISSISSIPPI:  NRA-Backed Right to Carry Reform Bill Passes Senate, Could Face Uphill Battle in the House - Make Your Voices Heard Now!
This week, the Mississippi Senate unanimously passed Senate Bill 2469, a comprehensive bill that would reverse or roll back many of the restrictions on where concealed pistol permit holders may lawfully carry.  The measure now moves to the Mississippi House, where it died last session for lack of consideration.  Don't let that happen this year!  This bill has not yet been referred to a specific House Committee, so for now, please contact your state Representative and urge them to support SB 2469!  Currently, Mississippi's concealed carry law -- with its blanket prohibitions on carrying in certain locations -- creates "defenseless" zones for law-abiding citizens.  The goal of SB 2469 is to allow permit holders to lawfully protect themselves in unsecured areas of public buildings and in privately owned establishments if the owner or controller of the property has not posted the areas off-limits.  Contact information for your state Representatives may be found here.

NEW MEXICO:Please Begin Contacting Committee Members in Support of NRA-Backed Bills in the New Mexico Legislature!
As previously reported, two NRA-backed bills have been filed in the New Mexico Legislature and have now been assigned to committees where they are awaiting action. Senate Bill 220 is the NRA-backed "Castle Doctrine" self-defense bill which would allow lawful occupants of a dwelling to use any degree of physical force against an intruder.  The second, House Bill 140, would eliminate the mandatory mid-term firearms refresher training course currently required for concealed handgun licensees.   

 SB 220has been referred to the Senate Public Affairs & Senate Judiciary Committees, where they have yet to be scheduled.  Please contact members of the Senate Public Affairs Committee and the Senate Judiciary Committee and urge them to support SB 220. Contact information for both committees can be found here.

HB 140has been referred to the House Consumer & Public Affairs and House Judiciary Committees.  At the time this alert went to press, no hearing had officially been scheduled on the bill.  In the meantime, please contact members of these two committees and urge them to support HB 140.  Contact information for both committees can be found here.

OREGON:Pro-Gun Legislation To Be Heard February 9
The Oregon legislature convened on February 1 and the House Judiciary Committee has already scheduled two pro-gun bills for a public hearing on Wednesday, February 9 at 1:30 p.m. in room 343 at the Capitol.  HB 2787 would prohibit a public body from releasing information that identifies the holder of or applicant for a concealed handgun license.  HB 2792 would recognize and honor a Right-to-Carry license issued by another state when the license holder is traveling in Oregon. If you would like to speak in support of HB 2787 and HB 2792, you must compete the sign-in sheet at the door.  If you are unable to attend, please contact the members of the House Judiciary Committee and urge them to support HB 2787 and HB 2792.  Contact information for the House Judiciary Committee can be found here.

PENNSYLVANIA:Castle Doctrine Legislation Introduced in the State House
House Bill 40, Castle Doctrine legislation, has been introduced in the state House of Representatives.  In pa 2010, both the House and Senate overwhelming passed this important self-defense legislation, which was vetoed by anti-gun Governor Ed Rendell before he left office.  HB 40 would permit law-abiding citizens to use force, including deadly force, against an attacker in their home or any place they have a legal right to be.  This legislation would also protect individuals from civil lawsuits filed by the attacker or the attacker's family. HB 40 has been assigned to the House Judiciary Committee and has not been scheduled for a hearing.  Please continue to check your e-mail and www.NRAILA.org for updates on HB 40.

Philadelphia Passes Measure to Close Fictional "Florida Gun Loophole"
Philadelphia's City Council passed Legislative File 100722, a measure to close the so-called "Florida Gun Loophole," by a unanimous 17 to 0 vote.  LF 100722 states that Philadelphia will not recognize out-of-state concealed carry licenses held by Pennsylvania residents.  This proposal not only violates Pennsylvania's state firearms preemption law, but the only targets of the measure are those who have taken all of the proper steps to legally obtain a concealed carry permit, while doing nothing to prohibit criminals who carry illegal guns everyday. Any state permit that Pennsylvania agreed to recognize had to meet or surpass the current standards set forth by Pennsylvania's permit system.  To say that anyone holding any of these recognized permits must be a criminal couldn't be farther from the truth. LF 100722 is expected to be recalled and reconsidered at the next city council meeting on February 17.  We must take advantage of this opportunity to stop LF 100722 by flooding calls into the Philadelphia City Council and your state legislators urging them to OPPOSE LF 100722. Their contact information can be found here.

SOUTH CAROLINA:  Right-to-Carry Reform Bill Hearing Cancelled!
The House Judiciary Committee's General Laws Subcommittee hearing scheduled for Thursday, February 3, was cancelled. House Bill 3292, the Right-to-Carry reform bill introduced by state Representative Mike Pitts (R-14), had been on the agenda. A new hearing date has not been set at this time, but the NRA will continue to keep you up to date on the bill's status, so please continue to check your e-mail and www.NRAILA.org.

H. 3292 seeks to reform current law to remove certain restrictions on where one may lawfully carry a concealed firearm, establish that property owners may not set policies or rules that would prohibit the transportation or storage of legally-possessed firearms or ammunition if it is locked, out of sight, within a privately-owned motor vehicle, and create a straight recognition standard for valid permits issued by other states. 

Please continue to contact members of this subcommittee and urge them to support H. 3292.  Their contact information can be found here

SOUTH DAKOTA:Legislation to Remove an Outdated Gun Control Provision
Heads to Committee

House Bill 1079 is expected to be heard in the House Judiciary Committee on Wednesday, February 16 at 10 a.m. The intent of this provision is to clean up South Dakota's firearm code and to remove provisions that became obsolete with the passage of the federal Firearms Owners' Protection Act (FOPA) in 1986.  Originally, the federal Gun Control Act banned interstate sales of firearms but contained an exception for long gun transactions occurring between federally licensed dealers (FFLs) and residents of contiguous states.  Such sales could occur only if "the purchaser's State of residence permit[ted] such sale or delivery by law." FOPA, however, removed both the contiguous states limitation and the requirement that the purchaser's state of residence specifically authorize the purchase.  South Dakota has enacted no barriers to interstate sales, so HB 1079 would not change the current law under which South Dakota FFLs can sell long guns to residents of other states that don't limit their residents' right to purchase, and South Dakota residents can buy long guns from FFLs in other states that do not discriminate against non-residents. Please contact members of the House Judiciary Committee and respectfully urge them to support HB 1079.  Contact information for the committee members can be found here.

TENNESSEE:Clarksville City Council Repeals Ban on Firearms in Parks
On February 3, the Clarksville City Council voted 9-3 to pass Resolution 37-2010-11, a repeal of the 2009 ban on firearms in locally owned or operated parks.  Effective immediately, the repeal, offered by Councilman Wallace Redd (Ward 4) and supported by Councilman Nick Steward (Ward 1), enables residents and visitors with a handgun carry permit to legally carry a firearm for self-defense in several Clarksville's parks, with the following exceptions:
    
1.  Heritage Park
2.  Liberty Park
3.  All city owned or operated swimming pools
4.  All city operated parks or sports fields that are leased by the City and owned
     by the Montgomery County School System 

Thank you to all NRA members who contacted the Clarksville City Council and voiced their support.  This is a step in the right direction. 

TEXAS:Please Continue Urging Your State Representative to Co-Author NRA-Backed Employee/Parking Lot & Campus Carry Legislation!
As you know, two NRA-backed bills have been filed in the Texas House, House Bill 681and House Bill 750. HB 681 would prohibit employers from enforcing policies against the storage of lawfully-owned firearms in employees' private motor vehicles parked at work and HB 750 would allow Concealed Handgun Licenses to protect themselves on public college and university campuses.  Thanks to your phone calls and e-mails, HB 681 now has more than 50 co-authors and HB 750 more than 60!  Our goal is to get at least a majority of the House (75 members) to sign onto each bill, so we are almost there!  To find out whether your state Representative has signed onto these bills, visit www.house.state.tx.us/research/ and insert the bill number.  If your House member has signed onto both bills, please be sure to thank him or her for doing so.  If not, please contact them next week and urge them to sign on as a co-author to both HB 681 and HB 750.  Contact information for House members can be found at www.house.state.tx.us/members/.

VIRGINIA: NRA-Supported Legislation Unanimously Passed by House of Delegates
On Wednesday, February 2, the Virginia House of Delegates passed House Bill 1501 by a unanimous 98 to 0 vote. After crossover on February 8, the bill will be sent to the Senate and assigned to the Senate Privileges & Elections Committee. House Bill 1501, sponsored by Delegate Lacey Putney (I-19), provides that the State Board of Elections, in cooperation with the Department of Game and Inland Fisheries, would make mail-in voter registration forms available where hunting and fishing licenses are sold.

The NRA will continue to update you on this bill as well as other bills as they progress through the Virginia General Assembly. Please continue to check your e-mail and www.NRAILA.org for updates.

WASHINGTON:  Management Plan for Willapa National Wildlife Refuge Expands Hunting:  A plan that will guide management of the Willapa National Wildlife Refuge for the next 15 years is open for public review and comment.  The Refuge was established in 1937 to protect migrating and wintering populations of waterfowl and encompasses about 16,000 acres.  The draft plan presents two management options that are compared to the current one (Alternative 1: No Action).  Alternatives 2 and 3 call for expanding the special-permit-only elk hunt in the Leadbetter Point Unit.  Elk and deer hunting would also be expanded in South Bay units.  The draft plan can be found at http://www.fws.gov/lc.  Comments can be sent by e-mail to [email protected], or at http://www.fws.gov/willapa by selecting "Contact Us."  The deadline for comment is March 7th.  Please support the U.S. Fish and Wildlife Service in its proposal to expand hunting on the Willapa Refuge.

WISCONSIN: You Are Invited to the 2011 NRA Wisconsin State Convention!
The Fifth Annual NRA Wisconsin State Convention will be held on February 11-13th in Wausau.  pa This year's event will include the Hunters' Rights Coalition annual meeting, which will provide some spirited discussions on hunting and firearms issues important to everyone in Wisconsin.  There will also be an informational session set up on various topics related to firearms and hunting, so come out and show your support for Wisconsin's proud hunting heritage and our Second Amendment rights.  

Starting on Friday, February 11, the State Convention will be held at The Plaza Hotel at 201 North 17th Avenue Wausau / WI 54401.  To see the full flyer, including a list of scheduled attendees including Governor Scott Walker, please click here.

For additional information or questions, please contact Scott at (715) 873-3360 or email him at [email protected].  Please attend this special event in an effort to help learn how you can protect your hunting rights!

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.