| Pa Right To Bear Arms Founder and Helpers |
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| Michael & Cheryl & Dakota |
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| M.Ruoss Founder / Owner |
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| Michael Jr & Dakota |
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| My Dad In Navy War II |
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| Dad With Kennett sq Police Dept Pa |
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| Michael Jr & Michael Sr |
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Welcome to the PA Right to Bear Arms Website. This is a place where you can find support , encouragement and education on II Amendment . Help us to preserve and save our rights to bear arms according to the II Amendment . With the growing crime rate we should have the right to protect ourselves as our forefathers stated. Residents that rely on hunting for food or sport, should be able to do so without hesitation and infringement. The hunter safety course provided by the state of Pennsylvania is a wonderful source of education for a hunter of any age. A legal hunting license is not only recommended, but required and necessary by the state. Proper education of gun safety and the legal permits to carry firearms are encouraged. Firearms training courses are highly recommended. Illegal use, ownership and sales of firearms are not supported by this site.
FOUNDER Michael S.Ruoss Former Pa State Constable Security Guard For 29 Years In Memory Of Grand Father Vernon T Ruoss " Former Pa State Constable & Fire Police Capt Longwood Fire Co Father Vernon C.Ruoss U.S.Navy War II A Former Pa State Constable & Police Officer For Kennett Sq Boro Police Dept & New Garden Twp Police Dept & Birmingham Township Police Dept and the First Dispatcher of the Chester Co Police Radio
Brother Glen A.Ruoss Bell Of Pennsylvania, Uncle Samuel Pierce Fire Police Capt Longwood Fire Co Security Guard Longwood Gardens Uncle Richard Carey Us Navy War II Peco Elect
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Kennett district recognizes 14 veterans who left school to serve in World War II
Monday, May 27, 2002 3:00 AM EDT By David Bernard
A culmination of the school district's "Operation Recognition" program, the ceremony awarded diplomas to honorably discharged veterans who left high school prior to graduation in order to serve in the U.S. armed forces between 1940 and 1946.
Held the week before Memorial Day, the federal holiday remembering American soldiers who sacrificed their lives, the Tuesday ceremony also took place as graduation season begins, recognizing those who deferred normal life for the good of their country.
"I was very proud, and I appreciate it," said Mario Calvarese, 78, of New Garden. "I didn't expect it, you know, when I applied (for the recognition). I was really tickled and surprised."
Calvarese, who enlisted in the U.S. Army in 1942 and became a quartermaster in the infantry and artillery divisions, returned to Kennett Square in 1945 to become a mushroom farmer.
The ceremony recognized five veterans who served in the Navy, four from the Army, two each from the Army Air Forces and Marines and one former Merchant Marine.
Kennett Consolidated Superintendent Rudolph F. Karkosak announced the veteran graduates at the ceremony, and Kennett High School Principal James Calhoun and school board President Catherine Townsend also played roles in presenting their diplomas.
"Of course, I don't need it now. I'm retired," Calvarese said of his diploma. "But, now I can go get a really good job."
Leedom R. Smith, 75, of West Grove, said one of his three daughters had encouraged him to apply to the "Operation Recognition" program after reading about it in the newspaper.
"I never thought about anything like this happening," said Smith, who served in the Navy's South Pacific operations from 1944 to 1946.
His wife, daughters and sons-in-law joined him at his long-delayed graduation. "They wanted to come, they really wanted me to go through with it," he said. "So I did."
Members of the Kennett High School student council interviewed each of the veterans in the weeks before the graduation, and the high school's show choir performed patriotic music for the event.
"I hope the young people came to realize what the veterans did," said Nicholas V. Angelucci, 74, now of Hockessin, Del. "People gave their lives for the freedoms of this country."
Rodger F. Bailey, 75, of Chadds Ford, agreed. "It must have been a good experience for them," he said. "I think they got a pretty good history lesson out of it."
Angelucci followed his father into the service, joining the Army Air Forces in 1946 and taking aerial photographs over Korea. When he returned to Chester County, he became a tailor.
He said that he knew most of the other veterans at the ceremony, having been in smaller classes with them before they left for the service. "Everybody knew everybody back in those days," he said.
Bailey was one of 14 children in his family, seven of whom served in the war. Two of his sisters were nurses overseas, and a brother died in Europe.
"My thoughts were with him, the night of the ceremony," Bailey said.
Trained as a tank driver and radio operator in the Army, Bailey said he spends "about 90 percent" of his time woodworking these days.
"It was a very good honor after 57 years to even be thought about," he said. "It was a great feeling to get the diploma."
Bailey said he was surprised by the size of the event. "The audience was pretty big for a bunch of old-timers," he said. "And the nice thing was, when it was over, to get congratulations from your children, your grandchildren, your wife.
"It was an emotional experience," he added. "The thought that people still care about World War II vets."
In addition to Calvarese, Smith, Angelucci and Bailey, the following veterans were also recognized at the Kennett High School ceremony:
Richard F. Boyd, Joseph H. Day, Mark R. Fidanza, Manly J. Hendrickson, Robert J. Hopkins, Thomas Allen Kelly, Vernon Charles Ruoss, John Albert Sharp, William R. Wells and Warren R. Yarnall.
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Illegal and injured
Bill could create an incentive to hire illegal immigrants
Published: Sunday, February 22, 2009 at 3:15 a.m. Last Modified: Friday, February 20, 2009 at 8:43 p.m.
Lawmakers are considering a proposal in the General Assembly that would deny workers' compensation benefits to illegal immigrant workers when they are injured or disabled on the job.
Proponents of this idea think they are justified in denying benefits to these workers because they are in this country illegally, but they haven't thought through the implications of their plan.
It is illegal for employers to hire illegal aliens. Lawmakers want to strengthen that law. But this proposal would undermine it, creating an incentive to hire illegal immigrants.
Employers pay workers' compensation policy rates based largely on the frequency with which their workers file claims and the cost of those claims. Companies with poor safety records, whose employees are often and expensively injured, pay higher rates.
If the workers' compensation claims of illegal immigrants are not covered, the rates of the employers who hire them would likely not go up when they are injured. This law could actually encourage hiring of illegal immigrants, and create unsafe working conditions for them.
Other lawmakers are calling for illegal immigrants to have no access to the courts. That would give unethical employers another incentive to hire illegal workers. Such an employer would be tempted knowing that no matter what happened to the employee or how he was treated, he could not take his employer to court.
A law in place bans hiring illegal immigrants. If this law is properly enforced, the debate about whether illegal immigrants injured on the job should receive worker's compensation will be moot.
But once hired, if injured, such employees must have their needs provided for via the workers' compensation system. To do otherwise means that South Carolina is willing to exploit illegal immigrants. This proposal not only signifies the state's resentment of these people for coming to this nation illegally. It declares the state's willingness to punish them by denying them compensation when they are injured in our service.
That isn't the statement South Carolina wants to make. If we benefit from the labor of illegal immigrants, we should compensate them when they are injured providing that labor. We are not the kind of state that turns its back on injured and disabled people, regardless of their immigration status.
This is a poorly considered proposal that would give those who would exploit poor immigrants a license to abuse them. It's unworthy of this state.
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Court Upholds Workers' Right to Guns in Cars
Posted: Feb 19, 2009 05:33 AM
Updated: Feb 19, 2009 05:33 AM
Associated Press
TULSA, Oklahoma -- A federal appeals court has ruled that Oklahoma's law protecting employees' rights to have a guns in their locked vehicles at work is constitutional.
The Denver-based 10th U.S. Circuit Court of Appeals voted 3-0 Wednesday to overturn a Tulsa federal judge's 2007 court order preventing enforcement of the law.
"We're pleased with the court's decision," said Charlie Price, a spokesman for Oklahoma Attorney General Drew Edmondson. "It was our opinion that the law is constitutional, and the court agreed with us today."
The appellate panel ruled that U.S. District Judge Terence Kern erred in deciding that Oklahoma's law -- passed in two stages in 2004 and 2005 -- was pre-empted by the federal Occupational Safety and Health Act.
The judges ruled that the law did not conflict with any OSHA standard.
"We disagree," the judges wrote in a 23-page decision. "OSHA is aware of the controversy surrounding firearms in the workplace and has consciously decided not to adopt a standard" banning firearms from the workplace.
The impetus for the law came from Federal Way, Wash.-based Weyerhaeuser Corp.'s decision to fire eight workers because they had guns in their vehicles at a southeastern Oklahoma timber mill.
Benton Harbor, Mich.-based Whirlpool Corp. and Houston-based ConocoPhillips challenged the law more recently.
ConocoPhillips spokesman Rich Johnson said Wednesday that "the safety of our employees is a top priority of ConocoPhillips, and we are disappointed with today's decision." ConocoPhillips, a plaintiff in the case, has a refinery in Ponca City.
Johnson said the company has not had time to determine what its next step will be.
The appellate court also rejected claims by ConocoPhillips and its fellow plaintiffs that the law violated their constitutional due-process right to exclude people from company property and that the law constituted a "taking" of their property.
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HR 495 IH
111th CONGRESS
1st Session
H. R. 495
To authorize additional resources to identify and eliminate illicit sources of firearms smuggled into Mexico for use by violent drug trafficking organizations, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
January 14, 2009
Mr. RODRIGUEZ (for himself, Mr. TEAGUE, Mr. ENGEL, and Mr. REYES) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Foreign Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
A BILL
To authorize additional resources to identify and eliminate illicit sources of firearms smuggled into Mexico for use by violent drug trafficking organizations, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
SEC. 2. PROJECT GUNRUNNER.
(a) In General- The Attorney General shall dedicate and expand the resources provided for the Project Gunrunner initiative of the Bureau of Alcohol, Tobacco, Firearms, and Explosives to identify, investigate, and prosecute individuals involved in the trafficking of firearms across the international border between the United States and Mexico.
(b) Activities- In carrying out this section, the Attorney General shall--
(1) assign additional agents of the Bureau of Alcohol, Tobacco, Firearms, and Explosives to the area of the United States adjacent to the international border between the United States and Mexico to support the expansion of Project Gunrunner teams;
(2) establish not fewer than 1 Project Gunrunner team in each State along the international border between the United States and Mexico; and
(3) coordinate with the heads of other relevant Federal law enforcement agencies and State and local law enforcement agencies to address firearms trafficking in a comprehensive manner.
(c) Additional Staff- The Attorney General may hire Bureau of Alcohol, Tobacco, Firearms, and Explosives agents for, and otherwise expend additional resources needed to adequately support, Project Gunrunner.
(d) Authorization of Appropriations- There are authorized to be appropriated $15,000,000 for each of fiscal years 2010 and 2011 to carry out this section.
SEC. 3. ENHANCED INTERNATIONAL COOPERATION.
(a) In General- The Attorney General, in cooperation with the Secretary of State, shall--
(1) assign agents of the Bureau of Alcohol, Tobacco, Firearms, and Explosives to the United States mission in Mexico, to work with Mexican law enforcement agencies in conducting investigations relating to firearms trafficking and other criminal enterprises;
(2) provide the equipment and technological resources necessary to support investigations and to trace firearms recovered in Mexico; and
(3) support the training of Mexican law enforcement officers in serial number restoration techniques, canine explosive detection, and antitrafficking tactics.
(b) Authorization of Appropriations- There are authorized to be appropriated $9,500,000 for each of fiscal years 2010 and 2011 to carry out this section
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111th CONGRESS
1st Session
H. R. 442
To provide an amnesty period during which veterans and their family members can register certain firearms in the National Firearms Registration and Transfer Record, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
January 9, 2009
Mr. REHBERG introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
A BILL
To provide an amnesty period during which veterans and their family members can register certain firearms in the National Firearms Registration and Transfer Record, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
SEC. 2. AMNESTY PERIOD FOR VETERANS TO REGISTER QUALIFYING FIREARMS.
(a) Registration- Subject to such regulations as the Attorney General may prescribe, the applicable veteran or a member of the family of such a veteran, who owns and possesses a qualifying firearm, may register the firearm in the National Firearms Registration and Transfer Record (described in section 5841 of the Internal Revenue Code of 1986) during the amnesty period.
(b) Qualifying Firearm-
(1) IN GENERAL- For purposes of this section, the term ‘qualifying firearm’ means any firearm which was acquired--
(A) before October 31, 1968; and
(B) by a veteran, while the veteran was a member of the Armed Forces and was stationed outside the continental United States.
(2) PRESUMPTION OF VALIDITY- In the absence of clear and convincing evidence to the contrary, the Attorney General shall accept as true and accurate any affidavit, document, or other evidence submitted by an individual to establish that a firearm meets the requirements of paragraph (1).
(c) Hearings- If the Attorney General determines that an individual may not register a firearm under subsection (a) during the amnesty period, the Attorney General, on the request of such individual, shall--
(1) provide the individual any evidence on which the Attorney General’s decision is based; and
(2) promptly hold a hearing to review the determination.
(d) Limited Immunity-
(1) CRIMINAL LIABILITY UNDER TITLE 18- An individual who registers a firearm under subsection (a) of this section--
(A) shall be treated, for purposes of subsections (a)(3) and (o) of section 922 of title 18, United States Code, as having lawfully acquired and possessed the firearm before the date of the enactment of chapter 44 of such title and of each provision of that chapter; and
(B) shall not be liable for any violation of that chapter which--
(i) is based solely on the ownership, possession, transportation, importation, or alteration of the firearm by the individual; and
(ii) occurred before or concurrent with the registration.
(2) CRIMINAL LIABILITY UNDER INTERNAL REVENUE CODE- Except as provided in paragraph (3), an individual who registers a firearm under subsection (a) shall not be liable for a violation of chapter 53 or 75 of the Internal Revenue Code of 1986 with respect to the firearm which occurred before or concurrent with the registration.
(3) TRANSFER TAX LIABILITY- Paragraph (2) shall not affect the liability of any individual for any transfer tax imposed under section 5811 of the Internal Revenue Code of 1986.
(4) ATTEMPTS TO REGISTER- In the case of an applicable veteran or a member of such a veteran’s family who attempts to register a qualifying firearm in the National Firearms Registration and Transfer Record at a time other than during the amnesty period, paragraphs (1), (2), and (3) shall apply with respect to the individual if the individual surrenders the firearm to a law enforcement agency not later than 30 days after notification by the Attorney General of potential criminal liability for continued possession of the firearm.
(e) Forfeiture- A firearm registered under subsection (a) shall not be subject to seizure or forfeiture under chapter 53 or 75 of the Internal Revenue Code of 1986 or chapter 44 of title 18, United States Code, for a violation of any such chapter with respect to the firearm which occurred before or concurrent with the registration.
(f) Notice; Forms; Mailbox Rule-
(1) NOTICE OF AMNESTY PERIOD- The Attorney General shall provide clear printed notices providing information regarding the amnesty period and registering a firearm during the period. To the extent feasible, the Attorney General shall ensure that the notices are posted in post offices, law enforcement buildings, buildings of the Department of Veterans Affairs, and businesses of licensed firearms dealers.
(2) FORMS- The Attorney General shall make available any forms necessary for registering a firearm in the National Firearms Registration and Transfer Record. To the extent feasible, the Attorney General shall make such forms available in the locations referred to in paragraph (1) and through the website for the Bureau of Alcohol, Tobacco, Firearms, and Explosives.
(3) MAILBOX RULE- For purposes of this section, the Attorney General shall treat any form that is postmarked during the amnesty period as received during the amnesty period.
(g) Definitions- In this section:
(1) AMNESTY PERIOD- The term ‘amnesty period’ means the 90-day period beginning on the date that is 90 days after the date of the enactment of this Act.
(2) FIREARM- The term ‘firearm’ has the meaning given the term in section 5845 of the Internal Revenue Code of 1986, except that the term does not include--
(A) any device described in subsection (f)(1) of such section; or
(B) any combination of parts--
(i) designed or intended for use in converting any device into a device described in subparagraph (A); or
(ii) from which a device described in subparagraph (A) may be readily assembled.
(3) APPLICABLE VETERAN- The term ‘applicable veteran’ means, with respect to a firearm, the veteran referred to in subsection (b)(1) with respect to the firearm.
(4) VETERAN- The term ‘veteran’ has the meaning given such term in section 101(2) of title 38, United States Code.
(5) FAMILY-
(A) IN GENERAL- The term ‘family’ means, with respect to a veteran, any grandparent of the veteran or of any spouse of the veteran, any lineal descendant of any such grandparent, and any spouse of any such lineal descendant.
(B) SPECIAL RULES- For purposes of subparagraph (A):
(i) A spouse of an individual who is legally separated from the individual under a decree of divorce or separate maintenance shall be treated as the spouse of the individual.
(ii) Individuals related by the half blood or by legal adoption shall be treated as if they are related by the whole blood.
(6) CONTINENTAL UNITED STATES- The term ‘continental United States’ means the several States and the District of Columbia, but does not include Alaska or Hawaii.
SEC. 3. TRANSFER OF FIREARMS TO MUSEUMS.
(a) Transfer of Forfeited Firearms to Museums-
(1) IN GENERAL- The Attorney General shall transfer each firearm which has been forfeited to the United States to the first qualified museum that submits a request for the firearm in such form and manner as the Attorney General may specify.
(2) DESTRUCTION OF FORFEITED FIREARMS PROHIBITED- The Attorney General shall not destroy any firearm which has been forfeited to the United States until the end of the 5-year period beginning on the date of the forfeiture.
(3) CATALOGUE OF FIREARMS- With respect to each firearm that is available to be transferred to a museum under paragraph (1), the Attorney General shall, not later than 60 days after the forfeiture of the firearm, publish information which identifies the firearm (including a picture) on the web page of the Bureau of Alcohol, Tobacco, Firearms, and Explosives. The information shall be available to the public without cost and without restriction.
(4) REGISTRATION OF FIREARMS- Any firearm transferred under paragraph (1) to a qualified museum shall be registered to the transferee in the National Firearms Registration and Transfer Record (described in section 5841 of the Internal Revenue Code of 1986).
(5) FIREARM- In this subsection, the term ‘firearm’ means any firearm (as defined in section 2(g)(2) of this Act) which is treated as a curio or relic under chapter 44 of title 18, United States Code.
(6) QUALIFIED MUSEUM- In this subsection, the term ‘qualified museum’ means--
(A) any museum owned or operated by a unit of Federal, State, or local government; and
(B) any museum which--
(i) is open to the public;
(ii) is incorporated as a not-for-profit corporation under applicable State law;
(iii) may possess a firearm in the collection of the museum under the laws of the State in which the collection is displayed;
(iv) holds a license under chapter 44 of title 18, United States Code, as a collector of curios or relics; and
(v) certifies to the Attorney General that--
(I) the museum is not engaged in the trade or business of buying or selling firearms;
(II) with respect to the transfer of any firearm under paragraph (1), the museum is not requesting the transfer of the firearm for purpose of sale; and
(III) the museum shall, not later than 90 days after the museum ceases operations, file an application pursuant to chapter 53 of the Internal Revenue Code of 1986 to transfer any machinegun transferred to the museum under paragraph (1) to an entity or person who may lawfully possess the machinegun under section 922(o) of title 18, United States Code, or abandon the machinegun to Federal, State, or local law enforcement authorities.
(b) Transfer of Machineguns to Museums- Section 922(o)(2) of title 18, United States Code, is amended--
(1) in subparagraph (A), by striking ‘or’ at the end;
(2) by redesignating subparagraph (B) as subparagraph (C); and
(3) by inserting after subparagraph (A) the following:
‘(B) a transfer to or by, or possession by, a museum that is open to the public and incorporated as a not-for-profit corporation under applicable State law; or’.
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| R 197 IH
111th CONGRESS
1st Session
H. R. 197
To amend title 18, United States Code, to provide a national standard in accordance with which nonresidents of a State may carry concealed firearms in the State.
IN THE HOUSE OF REPRESENTATIVES
January 6, 2009
Mr. STEARNS (for himself and Mr. BOUCHER) introduced the following bill; which was referred to the Committee on the Judiciary
A BILL
To amend title 18, United States Code, to provide a national standard in accordance with which nonresidents of a State may carry concealed firearms in the State.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
SEC. 2. NATIONAL STANDARD FOR THE CARRYING OF CERTAIN CONCEALED FIREARMS BY NONRESIDENTS.
(a) In General- Chapter 44 of title 18, United States Code, is amended by inserting after section 926C the following:
‘Sec. 926D. National standard for the carrying of certain concealed firearms by nonresidents
‘(a) Notwithstanding any provision of the law of any State or political subdivision thereof, a person who is not prohibited by Federal law from possessing, transporting, shipping, or receiving a firearm and is carrying a valid license or permit which is issued by a State and which permits the person to carry a concealed firearm (other than a machinegun or destructive device) may carry in another State a concealed firearm (other than a machinegun or destructive device) that has been shipped or transported in interstate or foreign commerce, subject to subsection (b).
‘(b)(1) If such other State issues licenses or permits to carry concealed firearms, the person may carry a concealed firearm in the State under the same restrictions which apply to the carrying of a concealed firearm by a person to whom the State has issued such a license or permit.
‘(2) If such other State does not issue licenses or permits to carry concealed firearms, the person may not, in the State, carry a concealed firearm in a police station, in a public detention facility, in a courthouse, in a public polling place, at a meeting of a State, county, or municipal governing body, in a school, at a professional or school athletic event not related to firearms, in a portion of an establishment licensed by the State to dispense alcoholic beverages for consumption on the premises, or inside the sterile or passenger area of an airport, except to the extent expressly permitted by State law.’.
(b) Clerical Amendment- The table of sections for such chapter is amended by inserting after the item relating to section 926C the following:
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111th CONGRESS
1st Session
H. R. 17
To protect the right to obtain firearms for security, and to use firearms in defense of self, family, or home, and to provide for the enforcement of such right.
IN THE HOUSE OF REPRESENTATIVES
January 6, 2009
Mr. BARTLETT introduced the following bill; which was referred to the Committee on the Judiciary
A BILL
To protect the right to obtain firearms for security, and to use firearms in defense of self, family, or home, and to provide for the enforcement of such right.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Police cannot protect, and are not legally liable for failing to protect, individual citizens, as evidenced by the following:
(A) The courts have consistently ruled that the police do not have an obligation to protect individuals, only the public in general. For example, in Warren v. District of Columbia Metropolitan Police Department, 444 A.2d 1 (D.C. App. 1981), the court stated: ‘[C]ourts have without exception concluded that when a municipality or other governmental entity undertakes to furnish police services, it assumes a duty only to the public at large and not to individual members of the community.’.
(B) Former Florida Attorney General Jim Smith told Florida legislators that police responded to only 200,000 of 700,000 calls for help to Dade County authorities.
(C) The United States Department of Justice found that, in 1989, there were 168,881 crimes of violence for which police had not responded within 1 hour.
(2) Citizens frequently must use firearms to defend themselves, as evidenced by the following:
(A) Every year, more than 2,400,000 people in the United States use a gun to defend themselves against criminals--or more than 6,500 people a day. This means that, each year, firearms are used 60 times more often to protect the lives of honest citizens than to take lives.
(B) Of the 2,400,000 self-defense cases, more than 192,000 are by women defending themselves against sexual abuse.
(C) Of the 2,400,000 times citizens use their guns to defend themselves every year, 92 percent merely brandish their gun or fire a warning shot to scare off their attackers. Less than 8 percent of the time, does a citizen kill or wound his or her attacker.
(3) Law-abiding citizens, seeking only to provide for their families’ defense, are routinely prosecuted for brandishing or using a firearm in self-defense. For example:
(A) In 1986, Don Bennett of Oak Park, Illinois, was shot at by 2 men who had just stolen $1,200 in cash and jewelry from his suburban Chicago service station. The police arrested Bennett for violating Oak Park’s handgun ban. The police never caught the actual criminals.
(B) Ronald Biggs, a resident of Goldsboro, North Carolina, was arrested for shooting an intruder in 1990. Four men broke into Biggs’ residence one night, ransacked the home and then assaulted him with a baseball bat. When Biggs attempted to escape through the back door, the group chased him and Biggs turned and shot one of the assailants in the stomach. Biggs was arrested and charged with assault with a deadly weapon--a felony. His assailants were charged with misdemeanors.
(C) Don Campbell of Port Huron, Michigan, was arrested, jailed, and criminally charged after he shot a criminal assailant in 1991. The thief had broken into Campbell’s store and attacked him. The prosecutor plea-bargained with the assailant and planned to use him to testify against Campbell for felonious use of a firearm. Only after intense community pressure did the prosecutor finally drop the charges.
(4) The courts have granted immunity from prosecution to police officers who use firearms in the line of duty. Similarly, law-abiding citizens who use firearms to protect themselves, their families, and their homes against violent felons should not be subject to lawsuits by the violent felons who sought to victimize them.
SEC. 3. RIGHT TO OBTAIN FIREARMS FOR SECURITY, AND TO USE FIREARMS IN DEFENSE OF SELF, FAMILY, OR HOME; ENFORCEMENT.
(a) Reaffirmation of Right- A person not prohibited from receiving a firearm by Section 922(g) of title 18, United States Code, shall have the right to obtain firearms for security, and to use firearms--
(1) in defense of self or family against a reasonably perceived threat of imminent and unlawful infliction of serious bodily injury;
(2) in defense of self or family in the course of the commission by another person of a violent felony against the person or a member of the person’s family; and
(3) in defense of the person’s home in the course of the commission of a felony by another person.
(b) Firearm Defined- As used in subsection (a), the term ‘firearm’ means--
(1) a shotgun (as defined in section 921(a)(5) of title 18, United States Code);
(2) a rifle (as defined in section 921(a)(7) of title 18, United States Code); or
(3) a handgun (as defined in section 10 of
Public Law 99-408).
(c) Enforcement of Right-
(1) IN GENERAL- A person whose right under subsection (a) is violated in any manner may bring an action in any United States district court against the United States, any State, or any person for damages, injunctive relief, and such other relief as the court deems appropriate.
(2) AUTHORITY TO AWARD A REASONABLE ATTORNEY’S FEE- In an action brought under paragraph (1), the court, in its discretion, may allow the prevailing plaintiff a reasonable attorney’s fee as part of the costs.
(3) STATUTE OF LIMITATIONS- An action may not be brought under paragraph (1) after the 5-year period that begins with the date the violation described in paragraph (1) is discovered.
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111th CONGRESS
1st Session
H. R. 45
To provide for the implementation of a system of licensing for purchasers of certain firearms and for a record of sale system for those firearms, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
January 6, 2009
Mr. RUSH introduced the following bill; which was referred to the Committee on the Judiciary
A BILL
To provide for the implementation of a system of licensing for purchasers of certain firearms and for a record of sale system for those firearms, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title- This Act may be cited as ‘Blair Holt’s Firearm Licensing and Record of Sale Act of 2009’.
(b) Table of Contents- The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Definitions.
TITLE I--LICENSING
Sec. 101. Licensing requirement.
Sec. 102. Application requirements.
Sec. 103. Issuance of license.
Sec. 104. Renewal of license.
Sec. 105. Revocation of license.
TITLE II--RECORD OF SALE OR TRANSFER
TITLE III--ADDITIONAL PROHIBITIONS
Sec. 301. Universal background check requirement.
Sec. 302. Failure to maintain or permit inspection of records.
Sec. 303. Failure to report loss or theft of firearm.
Sec. 304. Failure to provide notice of change of address.
Sec. 305. Child access prevention.
TITLE IV--ENFORCEMENT
TITLE V--FIREARM INJURY INFORMATION AND RESEARCH
TITLE VI--EFFECT ON STATE LAW
TITLE VII--RELATIONSHIP TO OTHER LAW
TITLE VIII--INAPPLICABILITY
TITLE IX--EFFECTIVE DATE
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings- Congress finds that--
(1) the manufacture, distribution, and importation of firearms is inherently commercial in nature;
(2) firearms regularly move in interstate commerce;
(3) to the extent that firearms trafficking is intrastate in nature, it arises out of and is substantially connected with a commercial transaction, which, when viewed in the aggregate, substantially affects interstate commerce;
(4) because the intrastate and interstate trafficking of firearms are so commingled, full regulation of interstate commerce requires the incidental regulation of intrastate commerce;
(5) gun violence in the United States is associated with the majority of homicides, over half the suicides, and two-thirds of non-fatal violent injuries; and
(6) on the afternoon of May 10, 2007, Blair Holt, a junior at Julian High School in Chicago, was killed on a public bus riding home from school when he used his body to shield a girl who was in the line of fire after a young man boarded the bus and started shooting.
(b) Sense of the Congress- It is the sense of the Congress that--
(1) firearms trafficking is prevalent and widespread in and among the States, and it is usually impossible to distinguish between intrastate trafficking and interstate trafficking; and
(2) it is in the national interest and within the role of the Federal Government to ensure that the regulation of firearms is uniform among the States, that law enforcement can quickly and effectively trace firearms used in crime, and that firearms owners know how to use and safely store their firearms.
(c) Purposes- The purposes of this Act and the amendments made by this Act are--
(1) to protect the public against the unreasonable risk of injury and death associated with the unrecorded sale or transfer of qualifying firearms to criminals and youth;
(2) to ensure that owners of qualifying firearms are knowledgeable in the safe use, handling, and storage of those firearms;
(3) to restrict the availability of qualifying firearms to criminals, youth, and other persons prohibited by Federal law from receiving firearms; and
(4) to facilitate the tracing of qualifying firearms used in crime by Federal and State law enforcement agencies.
SEC. 3. DEFINITIONS.
(a) In General- In this Act:
(1) FIREARM; LICENSED DEALER; LICENSED MANUFACTURER; STATE- The terms ‘firearm’, ‘licensed dealer’, ‘licensed manufacturer’, and ‘State’ have the meanings given those terms in section 921(a) of title 18, United States Code.
(2) QUALIFYING FIREARM- The term ‘qualifying firearm’ has the meaning given the term in section 921(a) of title 18, United States Code, as amended by subsection (b) of this section.
(b) Amendment to Title 18, United States Code- Section 921(a) of title 18, United States Code, is amended by adding at the end the following:
‘(36) The term ‘qualifying firearm’--
‘(A) means--
‘(B) does not include any antique.’.
TITLE I--LICENSING
SEC. 101. LICENSING REQUIREMENT.
Section 922 of title 18, United States Code, is amended by adding at the end the following:
‘(aa) Firearm Licensing Requirement-
‘(1) IN GENERAL- It shall be unlawful for any person other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to possess a qualifying firearm on or after the applicable date, unless that person has been issued a firearm license--
‘(A) under title I of Blair Holt’s Firearm Licensing and Record of Sale Act of 2009, which license has not been invalidated or revoked under that title; or
‘(B) pursuant to a State firearm licensing and record of sale system certified under section 602 of Blair Holt’s Firearm Licensing and Record of Sale Act of 2009, which license has not been invalidated or revoked under State law.
‘(2) APPLICABLE DATE- In this subsection, the term ‘applicable date’ means--
‘(A) with respect to a qualifying firearm that is acquired by the person before the date of the enactment of Blair Holt’s Firearm Licensing and Record of Sale Act of 2009, 2 years after such date of enactment; and
‘(B) with respect to a qualifying firearm that is acquired by the person on or after the date of the enactment of Blair Holt’s Firearm Licensing and Record of Sale Act of 2009, 1 year after such date of enactment.’.
SEC. 102. APPLICATION REQUIREMENTS.
(a) In General- In order to be issued a firearm license under this title, an individual shall submit to the Attorney General (in accordance with the regulations promulgated under subsection (b)) an application, which shall include--
(1) a current, passport-sized photograph of the applicant that provides a clear, accurate likeness of the applicant;
(2) the name, address, and date and place of birth of the applicant;
(3) any other name that the applicant has ever used or by which the applicant has ever been known;
(4) a clear thumb print of the applicant, which shall be made when, and in the presence of the entity to whom, the application is submitted;
(5) with respect to each category of person prohibited by Federal law, or by the law of the State of residence of the applicant, from obtaining a firearm, a statement that the individual is not a person prohibited from obtaining a firearm;
(6) a certification by the applicant that the applicant will keep any firearm owned by the applicant safely stored and out of the possession of persons who have not attained 18 years of age;
(7) a certificate attesting to the completion at the time of application of a written firearms examination, which shall test the knowledge and ability of the applicant regarding--
(A) the safe storage of firearms, particularly in the vicinity of persons who have not attained 18 years of age;
(B) the safe handling of firearms;
(C) the use of firearms in the home and the risks associated with such use;
(D) the legal responsibilities of firearms owners, including Federal, State, and local laws relating to requirements for the possession and storage of firearms, and relating to reporting requirements with respect to firearms; and
(E) any other subjects, as the Attorney General determines to be appropriate;
(8) an authorization by the applicant to release to the Attorney General or an authorized representative of the Attorney General any mental health records pertaining to the applicant;
(9) the date on which the application was submitted; and
(10) the signature of the applicant.
(b) Regulations Governing Submission- The Attorney General shall promulgate regulations specifying procedures for the submission of applications to the Attorney General under this section, which regulations shall--
(1) provide for submission of the application through a licensed dealer or an office or agency of the Federal Government designated by the Attorney General;
(2) require the applicant to provide a valid identification document (as defined in section 1028(d)(2) of title 18, United States Code) of the applicant, containing a photograph of the applicant, to the licensed dealer or to the office or agency of the Federal Government, as applicable, at the time of submission of the application to that dealer, office, or agency; and
(3) require that a completed application be forwarded to the Attorney General not later than 48 hours after the application is submitted to the licensed dealer or office or agency of the Federal Government, as applicable.
(c) Fees-
(1) IN GENERAL- The Attorney General shall charge and collect from each applicant for a license under this title a fee in an amount determined in accordance with paragraph (2).
(2) FEE AMOUNT- The amount of the fee collected under this subsection shall be not less than the amount determined by the Attorney General to be necessary to ensure that the total amount of all fees collected under this subsection during a fiscal year is sufficient to cover the costs of carrying out this title during that fiscal year, except that such amount shall not exceed $25.
SEC. 103. ISSUANCE OF LICENSE.
(a) In General- The Attorney General shall issue a firearm license to an applicant who has submitted an application that meets the requirements of section 102 of this Act, if the Attorney General ascertains that the individual is not prohibited by subsection (g) or (n) of section 922 of title 18, United States Code, from receiving a firearm.
(b) Effect of Issuance to Prohibited Person- A firearm license issued under this section shall be null and void if issued to a person who is prohibited by subsection (g) or (n) of section 922 of title 18, United States Code, from receiving a firearm.
(c) Form of License- A firearm license issued under this section shall be in the form of a tamper-resistant card, and shall include--
(1) the photograph of the licensed individual submitted with the application;
(2) the address of the licensed individual;
(3) the date of birth of the licensed individual;
(4) a license number, unique to each licensed individual;
(5) the expiration date of the license, which shall be the date that is 5 years after the initial anniversary of the date of birth of the licensed individual following the date on which the license is issued (or in the case of a license renewal, following the date on which the license is renewed under section 104);
(6) the signature of the licensed individual provided on the application, or a facsimile of the application; and
(7) centered at the top of the license, capitalized, and in boldface type, the following:
‘FIREARM LICENSE--NOT VALID FOR ANY OTHER PURPOSE’.
SEC. 104. RENEWAL OF LICENSE.
(a) Application for Renewal-
(1) IN GENERAL- In order to renew a firearm license issued under this title, not later than 30 days before the expiration date of the license, the licensed individual shall submit to the Attorney General (in accordance with the regulations promulgated under paragraph (3)), in a form approved by the Attorney General, an application for renewal of the license.
(2) CONTENTS- An application submitted under paragraph (1) shall include--
(A) a current, passport-sized photograph of the applicant that provides a clear, accurate likeness of the applicant;
(B) current proof of identity of the licensed individual; and
(C) the address of the licensed individual.
(3) REGULATIONS GOVERNING SUBMISSION- The Attorney General shall promulgate regulations specifying procedures for the submission of applications under this subsection.
(b) Issuance of Renewed License- Upon approval of an application submitted under subsection (a) of this section, the Attorney General shall issue a renewed license, which shall meet the requirements of section 103(c), except that the license shall include the current photograph and address of the licensed individual, as provided in the application submitted under this section, and the expiration date of the renewed license, as provided in section 103(c)(5).
SEC. 105. REVOCATION OF LICENSE.
(a) In General- If an individual to whom a license has been issued under this title subsequently becomes a person who is prohibited by subsection (g) or (n) of section 922 of title 18, United States Code, from receiving a firearm--
(1) the license is revoked; and
(2) the individual shall promptly return the license to the Attorney General.
(b) Administrative Action- Upon receipt by the Attorney General of notice that an individual to whom a license has been issued under this title has become a person described in subsection (a), the Attorney General shall ensure that the individual promptly returns the license to the Attorney General.
TITLE II--RECORD OF SALE OR TRANSFER
SEC. 201. SALE OR TRANSFER REQUIREMENTS FOR QUALIFYING FIREARMS.
Section 922 of title 18, United States Code, as amended by section 101 of this Act, is amended by adding at the end the following:
‘(bb) Unauthorized Sale or Transfer of a Qualifying Firearm- It shall be unlawful for any person to sell, deliver, or otherwise transfer a qualifying firearm to, or for, any person who is not a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, or to receive a qualifying firearm from a person who is not a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, unless, at the time and place of the transfer or receipt--
‘(1) the transferee presents to a licensed dealer a valid firearm license issued to the transferee--
‘(A) under title I of Blair Holt’s Firearm Licensing and Record of Sale Act of 2009; or
‘(B) pursuant to a State firearm licensing and record of sale system certified under section 602 of Blair Holt’s Firearm Licensing and Record of Sale Act of 2009 established by the State in which the transfer or receipt occurs;
‘(2) the licensed dealer contacts the Attorney General or the head of the State agency that administers the certified system described in paragraph (1)(B), as applicable, and receives notice that the transferee has been issued a firearm license described in paragraph (1) and that the license remains valid; and
‘(3) the licensed dealer records on a document (which, in the case of a sale, shall be the sales receipt) a tracking authorization number provided by the Attorney General or the head of the State agency, as applicable, as evidence that the licensed dealer has verified the validity of the license.’.
SEC. 202. FIREARM RECORDS.
(a) Submission of Sale or Transfer Reports- Not later than 14 days after the date on which the transfer of qualifying firearm is processed by a licensed dealer under section 922(bb) of title 18, United States Code (as added by section 201 of this Act), the licensed dealer shall submit to the Attorney General (or, in the case of a licensed dealer located in a State that has a State firearm licensing and record of sale system certified under section 602 of this Act, to the head of the State agency that administers that system) a report of that transfer, which shall include information relating to--
(1) the manufacturer of the firearm;
(2) the model name or number of the firearm;
(3) the serial number of the firearm;
(4) the date on which the firearm was received by the transferee;
(5) the number of a valid firearm license issued to the transferee under title I of this Act; and
(6) the name and address of the individual who transferred the firearm to the transferee.
(b) Federal Record of Sale System- Not later than 9 months after the date of the enactment of this Act, the Attorney General shall establish and maintain a Federal record of sale system, which shall include the information included in each report submitted to the Attorney General under subsection (a).
(c) Elimination of Prohibition on Establishment of System of Registration- Section 926(a) of title 18, United States Code, is amended by striking the second sentence.
TITLE III--ADDITIONAL PROHIBITIONS
SEC. 301. UNIVERSAL BACKGROUND CHECK REQUIREMENT.
Section 922 of title 18, United States Code, as amended by sections 101 and 201 of this Act, is amended by adding at the end the following:
‘(cc) Universal Background Check Requirement-
‘(1) REQUIREMENT- Except as provided in paragraph (2), it shall be unlawful for any person other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell, deliver, or otherwise transfer a firearm to any person other than such a licensee, unless the transfer is processed through a licensed dealer in accordance with subsection (t).
‘(2) EXCEPTION- Paragraph (1) shall not apply to the infrequent transfer of a firearm by gift, bequest, intestate succession or other means by an individual to a parent, child, grandparent, or grandchild of the individual, or to any loan of a firearm for any lawful purpose for not more than 30 days between persons who are personally known to each other.’.
SEC. 302. FAILURE TO MAINTAIN OR PERMIT INSPECTION OF RECORDS.
Section 922 of title 18, United States Code, as amended by sections 101, 201, and 301 of this Act, is amended by adding at the end the following:
‘(dd) Failure To Maintain or Permit Inspection of Records- It shall be unlawful for a licensed manufacturer or a licensed dealer to fail to comply with section 202 of Blair Holt’s Handgun Licensing and Record of Sale Act of 2009, or to maintain such records or supply such information as the Attorney General may require in order to ascertain compliance with such Act and the regulations and orders issued under such Act.’.
SEC. 303. FAILURE TO REPORT LOSS OR THEFT OF FIREARM.
Section 922 of title 18, United States Code, as amended by sections 101, 201, 301, and 302 of this Act, is amended by adding at the end the following:
‘(ee) Failure To Report Loss or Theft of Firearm- It shall be unlawful for any person who owns a qualifying firearm to fail to report the loss or theft of the firearm to the Attorney General within 72 hours after the loss or theft is discovered.’.
SEC. 304. FAILURE TO PROVIDE NOTICE OF CHANGE OF ADDRESS.
Section 922 of title 18, United States Code, as amended by sections 101, 201, 301, 302, and 303 of this Act, is amended by adding at the end the following:
‘(ff) Failure To Provide Notice of Change of Address- It shall be unlawful for any individual to whom a firearm license has been issued under title I of Blair Holt’s Firearm Licensing and Record of Sale Act of 2009 to fail to report to the Attorney General a change in the address of that individual within 60 days of that change of address.’.
SEC. 305. CHILD ACCESS PREVENTION.
Section 922 of title 18, United States Code, as amended by sections 101, 201, 301, 302, 303, and 304 of this Act, is amended by adding at the end the following:
‘(gg) Child Access Prevention-
‘(1) DEFINITION OF CHILD- In this subsection, the term ‘child’ means an individual who has not attained the age of 18 years.
‘(2) PROHIBITION AND PENALTIES- Except as provided in paragraph (3), it shall be unlawful for any person to keep a loaded firearm, or an unloaded firearm and ammunition for the firearm, any 1 of which has been shipped or transported in interstate or foreign commerce, within any premises that is under the custody or control of that person, if--
‘(A) that person--
‘(i) knows, or recklessly disregards the risk, that a child is capable of gaining access to the firearm; and
‘(ii) either--
‘(I) knows, or recklessly disregards the risk, that a child will use the firearm to cause the death of, or serious bodily injury (as defined in section 1365 of this title) to, the child or any other person; or
‘(II) knows, or reasonably should know, that possession of the firearm by a child is unlawful under Federal or State law; and
‘(B) a child uses the firearm and the use of that firearm causes the death of, or serious bodily injury to, the child or any other person.
‘(3) EXCEPTIONS- Paragraph (2) shall not apply if--
‘(A) at the time the child obtained access, the firearm was secured with a secure gun storage or safety device;
‘(B) the person is a peace officer, a member of the Armed Forces, or a member of the National Guard, and the child obtains the firearm during, or incidental to, the performance of the official duties of the person in that capacity;
‘(C) the child uses the firearm in a lawful act of self-defense or defense of 1 or more other persons; or
‘(D) the person has no reasonable expectation, based on objective facts and circumstances, that a child is likely to be present on the premises on which the firearm is kept.’.
TITLE IV--ENFORCEMENT
SEC. 401. CRIMINAL PENALTIES.
(a) Failure To Possess Firearm License; Failure To Comply With Qualifying Firearm Sale or Transfer Requirements; Failure To Maintain or Permit Inspection of Records- Section 924(a) of title 18, United States Code, is amended by adding at the end the following:
‘(8) Whoever knowingly violates subsection (aa), (bb), or (dd) of section 922 shall be fined under this title, imprisoned not more than 2 years, or both.’.
(b) Failure To Comply With Universal Background Checks; Failure To Timely Report Loss or Theft of a Qualifying Firearm; Failure To Provide Notice of Change of Address- Section 924(a)(5) of such title is amended by striking ‘(s) or (t)’ and inserting ‘(t), (cc), (ee), or (ff)’.
(c) Child Access Prevention- Section 924(a) of such title, as amended by subsection (a) of this section, is amended by adding at the end the following:
‘(9) Whoever violates section 105(a)(2) of Blair Holt’s Handgun Licensing and Record of Sale Act of 2009, knowingly or having reason to believe that the person is prohibited by subsection (g) or (n) of section 922 of title 18, United States Code, from receiving a firearm, shall be fined under this title, imprisoned not more than 10 years, or both.
‘(10) Whoever violates section 922(gg) shall be fined under this title, imprisoned not more than 5 years, or both.’.
SEC. 402. REGULATIONS.
(a) In General- The Attorney General shall issue regulations governing the licensing of possessors of qualifying firearms and the recorded sale of qualifying firearms, consistent with this Act and the amendments made by this Act, as the Attorney General determines to be reasonably necessary to reduce or prevent deaths or injuries resulting from qualifying firearms, and to assist law enforcement in the apprehension of owners or users of qualifying firearms used in criminal activity.
(b) Maximum Interval Between Issuance of Proposed and Final Regulation- Not later than 120 days after the date on which the Attorney General issues a proposed regulation under subsection (a) with respect to a matter, the Attorney General shall issue a final regulation with respect to the matter.
SEC. 403. INSPECTIONS.
In order to ascertain compliance with this Act, the amendments made by this Act, and the regulations and orders issued under this Act, the Attorney General may, during regular business hours, enter any place in which firearms or firearm products are manufactured, stored, or held, for distribution in commerce, and inspect those areas where the products are so manufactured, stored, or held.
SEC. 404. ORDERS.
The Attorney General may issue an order prohibiting the sale or transfer of any firearm that the Attorney General finds has been transferred or distributed in violation of this Act, an amendment made by this Act, or a regulation issued under this Act.
SEC. 405. INJUNCTIVE ENFORCEMENT.
The Attorney General may bring an action to restrain any violation of this Act or an amendment made by this Act in the district court of the United States for any district in which the violation has occurred, or in which the defendant is found or transacts business.
TITLE V--FIREARM INJURY INFORMATION AND RESEARCH
SEC. 501. DUTIES OF THE ATTORNEY GENERAL.
(a) In General- The Attorney General shall--
(1) establish and maintain a firearm injury information clearinghouse to collect, investigate, analyze, and disseminate data and information relating to the causes and prevention of death and injury associated with firearms;
(2) conduct continuing studies and investigations of firearm-related deaths and injuries; and
(3) collect and maintain current production and sales figures for each licensed manufacturer.
(b) Availability of Information- Periodically, but not less frequently than annually, the Attorney General shall report to the Congress and make available to the public a report on the activities of the Attorney General under subsection (a).
TITLE VI--EFFECT ON STATE LAW
SEC. 601. EFFECT ON STATE LAW.
(a) In General- This Act and the amendments made by this Act may not be construed to preempt any provision of the law of any State or political subdivision of that State, or prevent a State or political subdivision of that State from enacting any provision of law regulating or prohibiting conduct with respect to firearms, except to the extent that the provision of law is inconsistent with any provision of this Act or an amendment made by this Act, and then only to the extent of the inconsistency.
(b) Rule of Interpretation- A provision of State law is not inconsistent with this Act or an amendment made by this Act if the provision imposes a regulation or prohibition of greater scope or a penalty of greater severity than a corresponding prohibition or penalty imposed by this Act or an amendment made by this Act.
SEC. 602. CERTIFICATION OF STATE FIREARM LICENSING SYSTEMS AND STATE FIREARM RECORD OF SALE SYSTEMS.
Upon a written request of the chief executive officer of a State, the Attorney General may certify--
(1) a firearm licensing system established by a State, if State law requires the system to satisfy the requirements applicable to the Federal firearm licensing system established under title I; or
(2) a firearm record of sale system established by a State, if State law requires the head of the State agency that administers the system to submit to the Federal firearm record of sale system established under section 202(b) a copy of each report submitted to the head of the agency under section 202(a), within 7 days after receipt of the report.
TITLE VII--RELATIONSHIP TO OTHER LAW
SEC. 701. SUBORDINATION TO ARMS EXPORT CONTROL ACT.
In the event of any conflict between any provision of this Act or an amendment made by this Act, and any provision of the Arms Export Control Act (22 U.S.C. 2751), the provision of the Arms Export Control Act shall control.
TITLE VIII--INAPPLICABILITY
SEC. 801. INAPPLICABILITY TO GOVERNMENTAL AUTHORITIES.
This Act and the amendments made by this Act shall not apply to any department or agency of the United States, of a State, or of a political subdivision of a State, or to any official conduct of any officer or employee of such a department or agency.
TITLE IX--EFFECTIVE DATE
SEC. 901. EFFECTIVE DATE OF AMENDMENTS.
The amendments made by this Act shall take effect 1 year after the date of the enactment of this Act.
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Specter Announces Support for Eric Holder
Washington, D.C. Tuesday, January 27, 2009 -
U.S. Senator Arlen Specter (R-PA), Ranking Member of the Senate Judiciary Committee, today announced that he will support the nomination of Eric Holder to the position of U.S. Attorney General. Senator Specter’s remarks from a press conference held earlier today follow:
“I have decided to announce my position on Attorney General-designate Holder a day in advance to give my colleagues some notice as to my thinking on the subject.
“I begin with the proposition, as I’ve said publicly, that I want to help President Obama organize his new administration. After considerable thought and analyzing a lot of factors I’ve decided to vote in favor of the confirmation of Mr. Holder.
“The constitutional duty on advice and consent requires an examination of the candidate’s qualifications. I believe that it is necessary to ask questions, pointed questions, to try get a good line of all the nominees. That is especially true with the Attorney General. Unlike other cabinet officers, the Attorney General does more than carry out the President’s policy; the Attorney General has an independent duty to the American people to uphold the rule of law.
“Mr. Holder comes with an excellent resume, excellent educational background, excellent professional qualifications; United States Attorney to the District of Columbia, D.C. Superior Court judge, Deputy Attorney General. And, in an extensive career, there have arisen issues that I thought Mr. Holder had to respond to.
“I had particular concern about the Rich pardon because I chaired the Judiciary Committee hearings on that issue back in the year 2001. I similarly had special concerns about the refusal of the Department of Justice with Mr. Holder’s concurrence and input not to appoint independent counsel to investigate the allegations of campaign finance violations by Vice President Gore. With respect to those issues and the FALN commutation of sentence, there are very, very serious questions.
“The issue of independence is one of really great importance. The Attorney General has traditionally been in a critical spot on that issue on independence. Attorney General Daugherty in the Teapot Dome case, Attorney General Cummings in the Court Packing plan with President Roosevelt – two examples where Attorneys General failed to live up to the duty of independence. Eliot Richardson, Attorney General under Nixon, showed the kind of independence on the Saturday night massacre, as did Griffin Bell when President Carter wanted him to get up to prosecution and Attorney General Bell said if you want that conducted, find yourself a new Attorney General.
“These hearings are important markers. They are important for the individual who is being questioned and they are important for people who watch the hearings, so that one day someone who may be in a lesser position in government, or may not be in government at all, or may be in school will think twice about how he or she conducts himself or herself one day with the prospect of being before a confirmation hearing.
“I think the hearings will have an impact into the future on Mr. Holder. I’ve been a party to many hearings, and I’ve heard decades later people, including Supreme Court Justices, comment about what went on at a hearing. It’s an important matter and it does make a mark. Mr. Holder was candid in conceding with respect to the Rich pardon that he made a mistake.
“Weighing heavily in my mind were recommendations of people who know him very, very well. Know him beyond what we can determine in the course of a confirmation hearing. I know Eric Holder to some extent, having worked with him over the years, but I do not know him as well as Louis Freeh, Former Director of the FBI. I don’t know him as well as James Comey, who was United States Attorney for the Southern District of New York and later Deputy Attorney General. I don’t know him as well as William Coleman, former Secretary of Transportation. Those three men spoke very highly of Mr. Holder, as well as some others.
“I thought that Director Freeh’s comments were especially weighty. And I thought that because he was very, very critical of what Eric Holder had done. Mr. Freeh characterized the Rich pardon as a “corrupt act.” Not saying that Mr. Holder is corrupt, but the pardon itself was corrupt. We know that Mr. Holder made a recommendation of neutral-leaning-positive, going against the recommendation of the pardon attorney. And for Director Freeh to still recommend Mr. Holder is highly significant.
“Similarly Director Freeh was critical of what the Department of Justice did in declining the appointment of independent counsel in the Gore matter. Director Freeh characterized it in terms that he hadn’t seen the application of the need for independent counsel more decisively stated than in that matter. Also on the FALN matter where 16 Puerto Rican terrorists were let out of jail - people involved in murders and bank robberies. Again, it was condemned by Director Freeh, but he made the recommendation in the face of all of that to recommend the confirmation.
“I think that Mr. Holder is entitled to the benefit of the doubt in the context of the excellent record that he has and those recommendations weighed against the issues which were of concern to me.
“Beyond the hearings I had a lengthy meeting with Mr. Holder last Thursday where I was able to discuss quite a number of issues with him. Having an informal meeting has both plusses and minuses. It’s a plus in the sense that you can say some things and get some responses of a more candid nature without being in front of the television cameras. And the disadvantage is that it is not on the record for other people to read and see. But it’s a customary thing to have the informal sessions.
“Coincidentally, the Freeh issue is coming up at the same time as the new Secretary of the Treasury Timothy Geithner. The difference there, I think, is worth just a moment or two. I had initially been inclined to vote for the Secretary of the Treasury and after taking a closer look at it and discussing the matter with the Ranking Member on Finance, I decided to vote against him because in his situation he knew specifically and had made an acknowledgment and an understanding to pay the taxes. And, in fact did not pay monies which had been allocated to him for the specific purpose of paying the taxes. The International Monetary Fund for whom he worked does not pay the social security or payroll tax, but gives him the specific sum of money to pay. When he was audited he paid for two years - 2003 and 2004 - which were within the statute of limitations. He had a similar obligation to pay for 2001 and 2002. The statute had run and he didn’t pay. He really held that money in the form of a trust and it should have been paid. He had a specific acknowledgment of that obligation, which I think is a very different situation from Holder where there is an issue of judgment.
“At no time did I challenge Mr. Holder’s integrity. It was a question of judgment and a question of independence and all factors considered, as I say, I decided to vote for him.”
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| Virginia Senate to Vote on Right-to-Carry Reform Measure Tomorrow! |
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| Monday, February 02, 2009 |
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Tomorrow, Tuesday, February 3, the Virginia Senate will vote on Senate Bill 1035.
Sponsored by Senator Emmett Hanger, Jr. (R-24), SB1035 would permit a Right-to-Carry permit holder to carry a concealed firearm into a restaurant, provided they notify a designated employee that they posses a concealed handgun and do not consume any alcohol. This bill is similar to last year’s bill that was passed and ultimately vetoed by Governor Tim Kaine (D).
Currently, concealed carry permit holders dining in restaurants that serve alcohol must leave their firearm at home or locked in their vehicle where it is at risk of being stolen. Despite passing a background check and possessing a state issued permit to carry, law-abiding permit holders are forced to give up their right to self-defense when dining in establishments that serve alcohol. The need for this legislation is clear.
Please contact your State Senator TODAY and respectfully urge them to support SB1035. Contact information can be found by clicking here. You may also contact your Senator at their Richmond office at (804) 698-7410 or (804) 698-1470.
While this legislation is clearly important to law-abiding gun owners of the Old Dominion, please do not forget to make your voices heard in opposition to Senate Bill 1257 which could also be voted on tomorrow. For more information on SB1257 and how to take action against it, please click here. |
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THIS IS THE BIGGEST CROCK OF B.S. HERE WE GO TAKE THE GUNS AWAY AND LIVE IN FEAR THE REST OF YOUR LIF
Crime and Law Enforcement
- Support Local Law Enforcement: President Obama and Vice President Biden are committed to fully funding the COPS program to put 50,000 police officers on the street and help address police brutality and accountability issues in local communities. Obama and Biden also support efforts to encourage young people to enter the law enforcement profession, so that our local police departments are not understaffed because of a dearth of qualified applicants.
- Reduce Crime Recidivism by Providing Ex-Offender Supports: America is facing an incarceration and post-incarceration crisis in urban communities. Obama and Biden will create a prison-to-work incentive program, modeled on the successful Welfare-to-Work Partnership, and work to reform correctional systems to break down barriers for ex-offenders to find employment.
- End the Dangerous Cycle of Youth Violence: Obama and Biden support innovative local programs, like the CeaseFire program in Chicago, which implement a community-based strategy to prevent youth violence and have been proven effective.
- Address Gun Violence in Cities: Obama and Biden would repeal the Tiahrt Amendment, which restricts the ability of local law enforcement to access important gun trace information, and give police officers across the nation the tools they need to solve gun crimes and fight the illegal arms trade. Obama and Biden also favor commonsense measures that respect the Second Amendment rights of gun owners, while keeping guns away from children and from criminals. They support closing the gun show loophole and making guns in this country childproof. They also support making the expired federal Assault Weapons Ban permanent.
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DNR to hunters: Hand over your guns on demand Lakeland Times ^ | 9 January, 2009 | Richard Moore
Posted on 01/10/2009 10:36:44 AM PST by marktwain
The Wisconsin Department of Natural Resources has a simple, blunt message for hunters in Wisconsin: When a DNR warden asks you to give up your legal firearm, do so, plain and simple, no matter what.
What's more, that goes for all citizens, the agency has asserted. Citizens with firearms, the DNR argues, should always do exactly what law enforcement officers tell them to do, regardless of the circumstances of the situation.
To which one former hunter education instructor for the department has an equally simple and blunt response: The agency's directive is unconstitutional, plain and simple, and citizens don't have to hand over their firearms without any probable cause.
That viewpoint is the reason Mark Palan, the owner of Palan's Outpost Sporting Goods in Iowa County, has the word 'former' attached to his title. After 14 years as a volunteer instructor, the DNR cast him out last year for, in the agency's words, misrepresenting agency standards to hunter education students.
The issue promises to affect many more people than hunters in the coming year. In fact, the DNR's foray into gun rights issues on the Palan matter represents just one cloud in a growing storm over what authority law enforcement officers actually have to seize openly carried but legal firearms, whether it's from a hunter in the field or a citizen on the street.
Wisconsin is ostensibly an open-carry state; the media debate thus far has focused on whether to extend so-called carrying rights to concealed weapons.
But the latter could soon be yesterday's news; the DNR's excommunication of Palan, and its subsequent articulation of a broad grant of power for law enforcement to confiscate legal firearms, has suddenly called the legitimacy and reality of open carry itself into question.
Just as important, along with an ongoing non-DNR case in West Allis, the agency's expression of support for the ability of police to take away legal firearms upon simple command has in effect opened the door for a de facto state policy for all law enforcement.
The question is, is it constitutional, or, as Palan contends, does the DNR's position characterize an unconstitutional breach of a citizen's Fourth Amendment right against unreasonable search and seizure?
Simply asked, can law enforcement take a person's legally carried firearm without any probable cause that a crime is being committed? Must a hunter in the field surrender his firearm just because a conservation warden tells him to?
Palan's encounter
To Palan, the answer is no.
"For 14 years, I've been teaching my students the same thing, over and over and over," Palan told The Lakeland Times.
The first thing he teaches is, he said, when a person is on private property and a warden stops and asks to see a license, the first thing to do is ask the warden for his credentials. The second thing, Palan said, is to boot the warden off the property because he's trespassing.
"And when they start throwing their weight around, you just reach in your pocket and dial 911 and have the police come out and have them removed," he said.
Being approached by a warden on public land is different, Palan said.
"If you are on public ground and a warden stops you and wants to see your license, you should ask him for his credentials, then you show him your license," he said. "And when he says, give me your gun, you show him your gun. You set it down on the ground or you can hand it to him. But your right is that you do not have to give him your gun. And if you set it down on the ground and he picks it up, now he's taken your gun without your permission. I've been teaching that for 14 years."
But, Palan said, his instruction collided with DNR attitudes last March when a local conservation warden lectured at one of his classes and discovered what Palan was teaching.
A confrontation ensued, Palan recalls, both in the class that night and a few days later in his store, and Palan says the DNR gave him a choice - either admit to the class that what he had been teaching was wrong, or get kicked out.
Palan got kicked out.
For the record
DNR documents corroborate Palan's version of events.
In an April 28, 2008, letter, DNR hunter education administrator Timothy Lawhern told Palan he was being ousted as a DNR instructor for a variety of reasons, including Palan's alleged refusal to abide by a program instructor code of conduct, his refusal to accept constructive criticism from local conservation warden Joe Frost, and his refusal to teach the program as the DNR wanted.
The removal applied to all recreational safety programs, Lawhern stated, boater education as well as snowmobile education, ATV education as well as hunter education and bow hunter education.
"You have trained many hunter education graduates contrary to our program standards of how to handle a firearm when approached by a law enforcement officer," Lawhern wrote. "This training has now placed those students in a potentially dangerous attitude which could have catastrophic results for themselves and members of the law enforcement community."
Palan certainly had the right to disagree with the DNR's approach, Law- hern added, but that did not give him any authority to teach one of their programs contrary to the agency's guidelines.
"You may disagree with our required training as you have every right to do so," Lawhern wrote. "However, you have no authority to teach our program contrary to our guidelines."
Lawhern followed his April 28 letter to Palan with a May 19, 2008, missive to Palan's former students. That letter instructed them to always follow the commands of a law enforcement officer, no matter the circumstance and even if it meant giving the officer the firearm.
"It has come to our attention that a portion of the training you received while taking the Department of Natural Resources Hunter Education Course in Iowa County was not in compliance with our program policies," Lawhern began. ". . . . The portion of the training I need to clarify for you is what is expected of citizens when they are contacted by a law enforcement officer."
Lawhern didn't name Palan but said the "instructor" had misrepresented the DNR's program training standards regarding such contacts.
"What you should have been taught was to maintain good muzzle control and then follow the instructions of the law enforcement officer," Lawhern wrote. "This will vary depending on what type of contact it is, where it is taking place, the circumstances behind the contact, the officer's intuition or concern about safety and your demeanor during the contact."
What the DNR teaches in its hunter education program must carry over to everyday real-life situations, Lawhern continued.
"That is why it is important to understand that law enforcement communities, regardless of their branch of service (i.e. state trooper, county deputy, municipal police, conservation warden, etc.), have expectations that their instructions will be followed," he wrote. "This is for your safety, the safety of the officer as well as any other citizens that might be nearby."
For the most part, Lawhern wrote, wardens were simply checking for legal firearms for the game being pursued, magazine capacity (waterfowl hunting), and legal ammunition types - all the while maintaining a safe environment.
Examples of instructions a person might receive during a hunting situation might include the following, Lawhern stated: "Please open the action of your firearm"; "Would you mind safely unloading your firearm"; "You may place your firearm safely against that tree until we are finished"; "I'll hold your firearm while you check for your license"; "Allow me to check your magazine for a plug while you find your license."
Listening to law enforcement, no matter what, was the proper course of action, he wrote.
"Your cooperation with law enforcement is vital no matter what the situation is," Lawhern concluded. "To act any other way could result in a tragedy easily avoided by simply following their instructions. "
The letter stunned Palan.
"They took the time and the taxpayer dollars to send a letter to every student that I've taught in 14 years, telling them that they were misrepresented by an Iowa county instructor," he said.
But the former instructor said he was more interested in what the letter did not say.
"Now what is expected of citizens?" he asked. "It doesn't say here that the law says that you will hand over your firearm."
To the next level
Even after removing Palan as an instructor, Lawhern wasn't content to leave the issue alone. He also addressed it in the April 2008 issue of the Wisconsin Hunter Education newsletter, which is distributed to hunter education instructors.
In the article, entitled "When a Warden Approaches, What Do I Do with my Gun," he expanded the scope of authority to include all law enforcement and all citizens. In so doing, he put the DNR on a collision course with the state's open-carry law.
"About 8 years ago the International Hunter Education Association raised the question about what is being taught in hunter education courses relative to how hunters should handle their firearms during license checks in the field," Lawhern wrote. "The aftermath of the debate was that a survey should be done within the law enforcement community to determine what they expected as appropriate behavior. The debate caused us to ask all manner of law enforcement since what we teach we wanted to meet every cop, state trooper, county deputy or municipal officer's expectations. "
Law enforcement wanted just two things, he said of the survey's results. One was to maintain good muzzle control. The other was to "do exactly what the officer tells you to do."
"This may seem a bit odd as it's a standard that could be different from one officer to the next or different when situations are different," Lawhern wrote. "The officers instructions can and will vary depending on the situation."
Lawhern them moved on to address the likely response of law enforcement in general when officers see someone openly carrying a firearm, which, again, is not illegal per se in Wisconsin.
"Note that the officer on the street doesn't expect to see firearms openly exposed," he wrote. "In most cases when they do see a firearm, they draw theirs and tell the person 'Let me see your hands! Don't move!' In some cases they yell, 'Put the gun down,' or "Drop the gun!'"
Similarly, he stated, there would be times when a warden would ask a hunter to put down a gun or unload it or hand it to the warden.
"The point is, we must be teaching our students to follow the officer's instructions, " he concluded.
To Lawhern, then, the mere presence of a firearm was reason enough for the police to give commands that must be obeyed, in addition to launching preliminary use-of-deadly force tactics such as drawing weapons.
Mystified at that reasoning, Palan sought out a legislative viewpoint, asking his state senator, Dale Schultz (R-Richland Center), whether a DNR warden in fact possessed any authority to take custody of a legal firearm, absent any probable cause.
Schultz retrieved an opinion from a senior staff attorney for the Wisconsin Legislative Council. The answer was vague, at best. Still, the attorney, Mark Patronsky, could find no blanket authority, except that arising from certain specifically defined statutory reasons.
"Within the scope of the constitutional prohibition of unreasonable searches and seizures, the courts have carved out authorization for law enforcement officers (such as conservation wardens) to take control of a firearm to protect the safety of the law enforcement officer," Patronsky wrote. "The officer, after further investigation and determination of a probable cause, may proceed to arrest the individual and seize the firearm."
Other situations in which a firearm might be seized included violations of various ammunitions and transporting regulations or the creation of a public nuisance.
The bottom line was, though, police needed some reason for the seizure.
"The statutes and administrative rules described in this memorandum, as well as a variety of other statutes and rules, do allow a warden to take a person's firearm for various reasons," he wrote.
Palan says that means a warden simply can't take a firearm without some probable cause.
"Nowhere in the hunters' education manual, nowhere in the instructors manual, nowhere in any state statutes that I can find, does it say you must hand over your firearm," he said. "Nowhere."
Real-life impact
One practical effect of Lawhern's expansive grant of confiscatory powers to police, not to mention their supposed prerogative to draw their weapons on gun-carrying citizens, would be a practical evisceration of Wisconsin's open carry status.
That status is already murky.
On the one hand, despite Lawhern's drawn-gun scenario, the heads of multiple Wisconsin law enforcement agencies told The Lakeland Times their officers would not act in the manner Lawhern described upon merely seeing someone with a gun. They acknowledged the legality of open carry.
In addition, the Use of Deadly Force policy of the Oneida County Sheriff's Department would seem to prohibit such conduct, without some other probable cause or suspicion.
"In any use of force decision, the officer must be certain that he or she has the right to make contact," the policy states. "The intervention must have legal beginning based upon articulable facts or circumstances. Officer presence can be based upon invitation, reasonable suspicion, community caretaker function, probable cause, exigent circumstances or other 'legal beginnings.' "
According to the policy, officer presence - which presumably could include a drawn gun - is the lowest level of use of force, but, the policy emphasizes, "an excessive or negative presence must be avoided or, if used, must be justified."
How could Lawhern's scenario be reconciled with such a policy? That could only logically occur if open-carry was by itself illegal, by definition constituting reasonable suspicion, probable cause, exigent circumstance or some other "legal beginning" that justified police contact and presence.
Then, too, both the state, under then attorney general Jim Doyle, and the Supreme Court recognized open-carry rights in State of Wisconsin v Hamdan, in which the High Court carved out a concealed weapon exemption for small storeowners.
The Department of Justice argued against the exemption, citing the ability of citizens to already possess and carry an open weapon: "The State argues that even under the strictest enforcement of the [concealed carry] statute, a person lawfully in possession of a firearm will always retain the ability to keep the firearm in the open - holding the weapon in the open, keeping the weapon in a visible holster, displaying the weapon on the wall, or otherwise placing the weapon in plain view," the court stated in summing up the DOJ's brief.
In her dissent of the final decision, chief justice Shirley Abrahamson went even further.
"That is, [the law] does not prevent anyone from carrying a firearm for security, defense, hunting, recreation, or other lawful purposes," Abrahamson wrote. "Rather, it limits the manner of carrying weapons, by requiring that a weapon that is on a person or within a person's reach not be concealed. The gist of the offense is the concealment. "
Then again
On the other hand, police have increasingly begun to cite those openly carrying firearms for "disorderly conduct", which a September 2000 memorandum by the Legislative Reference Bureau warned could happen. [Carrying a weapon is guaranteed by the 2nd amendment and the Bible - Luke 22:36 It is NOT "disorderly conduct" - it is self defense. Talk about stretching meanings ! How can they possibly call that "disorderly conduct" ? Insanity !]
"Wisconsin law does not specifically prohibit the open carrying of loaded or unloaded firearms in public, but a person doing so may risk being arrested, and charged with disorderly conduct, on the grounds that the display threatens the public peace or safety," the brief stated.
If that's the case, then police departments and the DNR could effectively make open carry illegal by defining it as disorderly conduct from the get-go, making an end run around both the Supreme Court and the Legislature. Using the same logic, any law enforcement commands not obeyed could result in a disorderly conduct citation.
Until recently, those charged with disorderly conduct for carrying open firearms have not fought the issue. That changed last year.
In West Allis, in August, in a scenario eerily similar to the one Lawhern outlined, West Allis police drew their weapons and arrested Bruce Krause, who was wearing a holstered legal pistol while planting trees on his own property.
In a case that could finally clarify both police authority to seize firearms and the state's open carry law, Krause is fighting back, and a landmark U.S. Court of Appeals decision last month could be decisive in the outcome.
Those cases will be discussed in the next article.
But he will never get his weapon back - no one ever does - that is booty for the cops ! Once you give up your gun - you will never see it again no matter what. And you are out all that money they cost.
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Provisions of H.R. 45
This bill was proposed before Obama took office.
You will have to carry a photo ID firearms license. A training class is required to be licensed. Disclosure of your storage method is required for license. A thumb print is required for license. Every sale recorded by the federal government. If you move, and don't tell the Attorney General within 60 days, you are a criminal. If a firearm is stolen and you don't report it, you are a criminal. There will be no grandfathered firearms. If you do not obtain a license and report every firearm you currently own, you are a criminal. There will be a license fee and a fee for the "services" provided at purchase time. Licenses must be renewed every 5 years.
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Brady Sends Obama Its Pre-Inauguration Wish List
Friday, January 16, 2009
No one, including the Brady Campaign, seriously believes that Barack Obama was elected president because of his support for gun control. But Brady is pretending that it provided Obama the margin of victory in November, and has provided him with a very long list of gun bans and other restrictions that it expects from him in return.
If for no other reason, Obama might want to tell Brady "no," because if he were to do their bidding, they would be sure to demand that he do even more. That's demonstrated by Brady's statement that their current request "is not intended to present an exhaustive list . . . but does provide a starting point." It includes:
A California-style "assault weapons" ban. For several years, Brady has referred to California's ban--which is far more restrictive than the federal ban of 1994-2004--as the "model" for the rest of the nation. Brady doesn't say so, but it clearly supports--as does the Violence Policy Center--the California--like ban that Rep. Carolyn McCarthy (D-N.Y.) has proposed in Congress since before the 1994 semi-automatic firearm ban expired. Among its differences from the 1994 ban, the McCarthy bill would ban rifles like the AR-15, even if they do not have a flash suppressor, bayonet mount, or adjustable-position stock. It would ban the M1, the M1 Carbine, the Ruger Mini-14 series, the SKS, and many other semi-automatic rifles not previously labeled as "assault weapons." And it would ban every semi-automatic shotgun, by banning its receiver. Brady wants .50 caliber rifles banned as well.
A ban on standard magazines designed for self-defense. Brady calls them "high-capacity," but magazines that hold more than 10 rounds are designed for self-defense, as demonstrated by the fact that most guns that use standard defensive magazines (those holding more than 10 rounds) are handguns designed for self-defense, and used for that purpose by private citizens, law enforcement officers, and military personnel alike.
Now's as good a time as any to dispel one blatant lie that Brady includes with its wish list. Brady says, "Beginning with the Brady Law in 1993, the assault weapon ban in 1994, and other Clinton Administration policies, our nation experienced an historic decline in gun crime and violence," adding, "during the Bush years, gun crime increased as the Administration and Congress . . . allowed the assault weapons ban to expire [and] gave the gun industry special legal protection."
The truth is, violent crime began declining in 1991, three years before the Brady Act and the semi-automatic firearm ban, and more than a year before Bill Clinton took office. And, the nation's violent crime rate has declined another eight percent since President Bush took office.
Moreover, in 1998, the Brady Act's waiting period on gun sales ceased, because it was replaced by the National Instant Criminal Background Check System (NICS), which the Brady Campaign has always opposed (though they try to take credit for it today, inappropriately referring to NICS checks as "Brady checks.") And, contrary to Brady's prediction that crime rates would soar if the semi-automatic firearm ban expired, the ban expired in 2004, and since then violent crime rates have been lower than anytime in the last 31 years.
Repeal the recent Department of the Interior rule allowing state law to determine how firearms may be carried in National Parks and wildlife refuges. Brady offers no evidence to support its hunch that allowing permit-holders to carry concealed firearms "would increase the risk of gun crime, injury and death in the parks and wildlife refuges." But as for Brady's hunches, for the last 20 years it has predicted that allowing people to carry guns for protection will cause murder rates to soar, but people now carry guns for protection in 40 states and since 1999, murder rates have been lower than anytime since the mid-1960s.
Repeal the Tiahrt Amendment and the Protection of Lawful Commerce in Arms Act (PLCAA). Brady complains that the Tiahrt Amendment "restricts disclosure of the data to law enforcement," and prevents the BATFE from disclosing firearm-tracing data to the public. The first claim is a lie. The amendment allows BATFE to provide the data to any law enforcement agency involved in a bona fide investigation related to a traced firearm.
Tracing data is not released to the public so that, among other reasons, criminals won't know that the police are investigating them. Brady should just tell the truth, for once: even though the BATFE and Congressional Research Service repeatedly state that tracing data are not reliable enough to draw conclusions about the criminal use of guns generally, Brady wants the data so it can concoct bogus claims to use in lawsuits against firearm manufacturers who comply with every applicable firearm law. These lawsuits are currently prohibited by the PLCAA, which Brady hopes to overturn.
Require all firearm sales to go through NICS (advocated by Mr. Obama's choice for Attorney General, Eric Holder), and allow the FBI to retain the records of all NICS-approved firearm transfers. It used to be that Brady claimed that the only private transfers that it wanted run through NICS were those taking place at gun shows. Now, it's all private transfers, including gifts between family members and sales or trades between friends. And, it wants the FBI to record all transfers. Translation: Gun and gun owner registration, no two ways about it.
Allow a NICS check to reject someone whose name is on an FBI watch list. This is yet another idea recommended by prospective Attorney General Holder and Obama adviser Rahm Emanuel. The obvious problem with it is that you can get on one of these lists by having the same name as a suspected criminal or terrorist, and if you are on a list, you may not be able to determine which one you are on, much less get yourself removed. Sen. Ted Kennedy even ended up on a "no fly" list, for reasons that have not been made public.
Prohibit the sale of more than one handgun to a single individual in a 30-day period, in order to thwart "large-volume" illegal gun traffickers. Federal law already requires a dealer to report to law enforcement authorities whenever a person buys more than one handgun in a five-day period. This proposal amounts to the rationing of a constitutional right with no crime-reduction benefit.
Require all new guns to micro-stamp ammunition with serial numbers linking the owner in a federal gun-owner registration database. Most crimes are solved by other means, not by ammunition markings, and criminals could easily deface the firearm parts that would bear the serial numbers. Brady's agenda isn't about solving crimes; for them micro-stamping is another way of achieving gun and gun owner registration.
Require consumer safety standards for firearms. Even the vehemently anti-gun Violence Policy Center has said this would lead to standards too difficult for firearm manufacturers to achieve, thus ending firearm production.
We close with yet another Brady lie, "These proposals are clearly constitutional under the U.S. Supreme Court's recent Second Amendment decision in District of Columbia v. Heller and they pose no threat to the interests of law-abiding gun owners." Heller clearly said that laws cannot deprive people of the Right to Keep and Bear Arms for defensive purposes. As for "the interests of gun owners," we'll follow the Supreme Court's example, and let gun owners speak for themselves. The Court declared D.C.'s handgun ban unconstitutional because gun owners consider handguns to be the type of firearm best suited for self-defense.
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| Guns Don't Kill People |
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| New Rules On Right-To-Carry In Our National Parks Take Effect Today |
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| Friday, January 09, 2009 |
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In early December, the U.S. Department of the Interior (DOI), through the National Park Service and U.S. Fish and Wildlife Service, announced the final amended version of a change to rules on carrying firearms in national parks and wildlife refuges. The change will restore the right of law-abiding gun owners to transport and carry concealed firearms for lawful purposes on most DOI lands, according to the laws of the states in which these public lands are located.
The new rule, which takes effect today, allows Right-to-Carry permit holders to carry concealed firearms in national parks and wildlife refuges in states that recognize their permits. The new rule will also put an end to the patchwork of regulations that governed different lands managed by different federal agencies. In the past, Bureau of Land Management and Forest Service lands allowed the carrying of firearms, while lands managed by DOI did not.
The change was obviously necessary, given the passage of Right-to-Carry laws in so many states over the past two decades. As expected, of course, anti-gun activists are adamantly opposed to the new rule, and are already seeking to block the right of law-abiding citizens to protect themselves and their families while on DOI lands.
Not surprisingly, the first to jump on the "banned" wagon was the anti-gun Brady Campaign, in a lawsuit filed against the DOI in federal court, seeking to have the new rule struck down. The National Parks Conservation Association and the Coalition of National Park Service Retirees have also filed a similar suit.
Brady contends that people have a right to visit parks without fear of permit-holders carrying guns. The contention is ludicrous, of course, since to get to a park requires people to travel through places where permit-holders abound, without posing any threat whatsoever.
Using the same hyperbolic rhetoric and fear-mongering claims that are the mainstay of their anti-Right-to-Carry crusades, the Brady Campaign alleges that Right-to-Carry equals danger and violence, when countless studies and reams of data have repeatedly and consistently proved otherwise. Remember, the new rule will extend only to law-abiding citizens who have met the strict safety and background check requirements necessary to acquire a carry permit, and who are legally allowed to carry in the state in which the park is located.
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YOU MAY FIND THIS OF INTEREST
Gun Law Update
by Alan Korwin, Author Gun Laws of America Jan. 5, 2008
1. Officials stocking up on AR-15-style long guns 2. Preliminary gun ban list revealed
1. S&W sales With bans on AR-15 and AR-15-styled rifles to the public expected under the Obama administration (see gun-ban lists below), Smith and Wesson has just announced expansion of that market, with the sale of 275 of its M&P15 rifles to the Chicago police department. http://tinyurl. com/742qre
Chicago, president-elect Obamas home town, has virtual bans on handguns and strict repressive limits on long guns, but police are excluded and criminals blithely ignore the provisions.
The M&P15 strongly resembles the AR-15, a high quality, semi automatic long gun used by the U.S. military and the public for decades. What the Chicago police expect to do with 275 of the guns, vilified as assault weapons by the lamestream media, was undisclosed. Assault, it has been noted, is a type of behavior, not a type of hardware.
In other news, the Minnesota State Patrol has purchased 90 of the high-quality M&P15 firearms, which retail for more than $1,000 each.
In still other news, actor David Spade donated $100,000 to the Phoenix police department, to buy 50 new AR-15 rifles made by Colt, an S&W competitor. Spade was apparently moved by a newsbroadcast that said Phoenix officers had to buy their own rifles due to lack of funding, and he wanted to help them out.
2. Gun-ban list proposed Slipping below the radar (or under the short-term memory cap), the Democrats have already leaked a gun-ban list, even under the Bush administration when they knew full well it had no chance of passage (HR 1022, 110th Congress). It serves as a framework for the new list the Bradys plan to introduce shortly.
I have an outline of the Bradys current plans and targets of opportunity, Im working on getting that news out asap after these ban lists, probably be ready in the next few days. Its horrific. Theyre going after the courts, regulatory agencies, firearms dealers and statutes in an all out effort to restrict we the people. Theyve made little mention of criminals.
Now more than ever, attention to the entire Bill of Rights is critical. Gun bans will impact our freedoms under search and seizure, due process, confiscated property, states rights, free speech, right to assemble and more, in addition to the Second Amendment. See what 250 of your peers thought during our recent Bill of Rights Day event at the Wrigley Mansion in Phoenix: http://www.gunlaws. com/BOR-Day- 2008-Report. htm
The Democrats current gun-ban-list proposal (final list will be worse):
Rifles (or copies or duplicates):
M1 Carbine, Sturm Ruger Mini-14, AR-15, Bushmaster XM15, Armalite M15, AR-10, Thompson 1927, Thompson M1;
AK, AKM, AKS, AK-47, AK-74, ARM, MAK90, NHM 90, NHM 91, SA 85, SA 93, VEPR;
Olympic Arms PCR; AR70, Calico Liberty, Dragunov SVD Sniper Rifle or Dragunov SVU, Fabrique National FN/FAL, FN/LAR, or FNC, Hi-Point Carbine, HK-91, HK-93, HK-94, HK-PSG-1, Thompson 1927 Commando, Kel-Tec Sub Rifle;
Saiga, SAR-8, SAR-4800, SKS with detachable magazine, SLG 95, SLR 95 or 96, Steyr AU, Tavor, Uzi, Galil and Uzi Sporter, Galil Sporter, or Galil Sniper Rifle (Galatz).
Pistols (or copies or duplicates):
Calico M-110, MAC-10, MAC-11, or MPA3, Olympic Arms OA, TEC-9, TEC-DC9, TEC-22 Scorpion, or AB-10, Uzi.
Shotguns (or copies or duplicates):
Armscor 30 BG, SPAS 12 or LAW 12, Striker 12, Streetsweeper.
Catch-all category (for anything missed or new designs):
A semiautomatic rifle that accepts a detachable magazine and has (i) a folding or telescoping stock, (ii) a threaded barrel, (iii) a pistol grip (which includes ANYTHING that can serve as a grip, see below), (iv) a forward grip; or a barrel shroud.
Any semiautomatic rifle with a fixed magazine that can accept more than 10 rounds (except tubular magazine .22 rimfire rifles).
A semiautomatic pistol that has the ability to accept a detachable magazine, and has (i) a second pistol grip, (ii) a threaded barrel, (iii) a barrel shroud or (iv) can accept a detachable magazine outside of the pistol grip, and (v) a semiautomatic pistol with a fixed magazine that can accept more than 10 rounds.
A semiautomatic shotgun with (i) a folding or telescoping stock, (ii) a pistol grip (see definition below), (iii) the ability to accept a detachable magazine or a fixed magazine capacity of more than 5 rounds, and (iv) a shotgun with a revolving cylinder.
Frames or receivers for the above are included, along with conversion kits.
Attorney General gets carte blanche to ban guns at will:
Under the proposal, the U.S. Attorney General can add any semiautomatic rifle or shotgun originally designed for military or law enforcement use, or a firearm based on the design of such a firearm, that is not particularly suitable for sporting purposes, as determined by the Attorney General.Note that Obamas pick for this office (Eric Holder, confirmation hearing set for Jan. 15) wrote a brief in the Heller case supporting the position that you have no right to have a working firearm in your own home.
In making this determination, the bill says, there shall be a rebuttable presumption that a firearm procured for use by the United States military or any federal law enforcement agency is not particularly suitable for sporting purposes, and a firearm shall not be determined to be particularly suitable for sporting purposes solely because the firearm is suitable for use in a sporting event.
In plain English this means that ANY firearm ever obtained by federal officers or the military is not suitable for the public.
That presumption can be challenged only by suing the federal government over each firearm it decides to ban, in a court it runs with a judge it pays. This virtually dismisses the principles of the Second Amendment.
The last part is particularly clever, stating that a firearm doesnt have a sporting purpose just because it can be used for sporting purpose -- is that devious or what? And of course, sporting purposeis a rights infringement with no constitutional or historical support whatsoever, invented by domestic enemies of the right to keep and bear arms to further their cause of disarming the innocent.
If these near-total bans arent enough, the most dangerous part may be the phrase pistol gripbecause: The term pistol gripmeans a grip, a thumbhole stock, or any other characteristic that can function as a grip.In other words, any semi-auto long gun with a grip (thats ALL semi-auto long guns) would be banned under the existing proposal. Its not clear what they hope to achieve by deceptively banning guns with grips instead of just calling to ban the guns -- even an idjit can tell its the same thing.
I didnt cover here all the magazine bans, transfer bans, dealer record-keeping and centralized reporting, and a host of nuisance details -- there will be time enough for that when the new lists are released soon: As soon as President-elect Obama is inaugurated and the 111th Congress is sworn in,according to Ms. Brady. Congress is set to be sworn in on Jan. 6, Inauguration Day is Jan. 20.
No one expects the new proposal to be less abusive than the current one supported by the party of the Democrats. Remember -- these bans were proposed when the congressional anti-rights crowd had no chance of success. Now they are ready to run wild, or according to Sarah herself, I have never been so confident.The newsmedia has failed to report on any of this, preferring instead to blare that the incoming president supports the Second Amendment and commonsense (sic) laws.
To see the whole bill, go to http://thomas. loc.gov and search for HR 1022, (switch to the 110th Congress if the 111th has begun).
The excellent Firearms Coalition started by the late Neal Knox and now run by his family members makes these important points about the upcoming Judiciary hearings for AG nominee Holder:
The Democrat members of the Judiciary Committee are all sworn enemies to the Second Amendment and are unlikely to be swayed at all by any firearms related arguments, but might hesitate to confirm based on Holders participation in the pardons of 16 Puerto Rican terrorists and billionaire financier and arms merchant Marc Rich [and perhaps the Elian Gonzalez abduction by federal agents Holder authorized]. Any letters to Democrats should focus on those issues.
On the Republican side, Arlen Specter, the ranking Republican on the committee has never been a friend to gun rights, but he owes his reelection to NRA support and has expressed concern over the pardon issues. Among the other Republicans, most are relatively reliable votes, but only Coburn has routinely taken a leadership role on Second Amendment matters. All of them need to be pressed hard to do everything they can to block the appointment.
For more information about Eric Holder and why his appointment must be fought tooth and nail, go to our web site at http://www.Firearms Coalition. org.
Respectfully submitted, Alan Korwin, Author Gun Laws of America http://www.gunlaws. com/gloa. htm
Permission to circulate or post this Gun Law Update granted.
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Police Investigate Shootings, Alderman: "Get Armed Last Edited: Tuesday, 02 Dec 2008, 7:37 PM CST Created: Tuesday, 02 Dec 2008, 4:44 PM CST -- SideBar
Related Items Stories One Dead, One Injured In Officer-Involved Shooting
Links Alderman Charles Quincy Troupe
Two Shootings In Downtown St. Louis
ST. LOUIS -- A man is dead after a shooting in downtown St. Louis. Meanwhile, a potential suspect in that case is in stable condition after being shot by police. That man turned out to be unarmed.
It began Monday evening when 27-year-old Terryl Morgan of Madison, Ill., was shot and killed near the Edward Jones Dome.
Witnesses provided a description of the suspect, and not long after the shooting officers saw a man matching that description.
The man was ordered to stop and told to remove his hands from his pockets. Police say he put a hand inside his coat. Two officers, fearing for their safety, shot the 45-year-old man.
Police are uncertain if that man was involved in the first shooting. The officers who shot him are on administrative leave pending the investigation.
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St. Louis Alderman Calls On Residents To Get Armed
By CHERYL WITTENAUER
Associated Press Writer
ST. LOUIS -- A St. Louis alderman who says he is frustrated with police response to crime in his neighborhood is calling on residents to arm themselves to protect their lives and property.
Alderman Charles Quincy Troupe said Tuesday he is telling his north St. Louis constituents to acquire guns and learn how to use them.
He said that "God-fearing, law-abiding citizens and homeowners" are being preyed upon by criminals, and that police are ineffective, outnumbered, or don't care.
Troupe, 72, and a former state representative, said many people don't realize they have a constitutional right to bear arms which they can use to fend off an intruder. He supports Missouri's "conceal and carry" weapons law and is recruiting residents to take the required weapons safety course. Troupe said the wrong people own guns.
"We bought the homes, we're paying the taxes and the police and the emergency personnel's salaries," he said. "Why in the hell can't we get relief from criminals? Why do they have all the power, and we don't and we're paying the damn bills?"
He said people are being killed on the impoverished north side, and homes are being broken into and dismantled by scavengers who steal gutters and downspouts, and that school dropouts are robbing people and snatching purses.
Troupe said when he and residents approached the district police commander last year, he said "there was nothing he could do to protect us and the community ... that he didn't have the manpower, he couldn't do it."
St. Louis Police Chief Dan Isom wrote Tuesday in a department blog that guns are not the solution to the city's challenging homicide problem. Citizens arming themselves will lead to more danger, not less, he said.
Neighborhood watch groups, and the hard work of helping to eradicate poverty and other social ills are better crime-prevention tools, he said.
So far this year, St. Louis has had 157 homicides, 33 more than last year at this time.
"My position is simply the police are overtaxed, they are a reactionary force and we need a proactive solution to the problems of our community and our children," Troupe said.
"We haven't addressed children on the front end; now we've got problems on the back end."
University of Missouri-St. Louis criminologist Richard Rosenfeld, who is a visiting professor this fall at the John Jay College of Criminal Justice in New York, said Troupe's idea is an understandable response to the spike in homicide in the city, but it's not likely to be effective. More guns, he said, only compound crime problems in communities already awash with guns.
"Much of the problem is free and easy access to guns," Rosenfeld said. "This hope that by putting guns in the right hands will have an influence on criminals is a false hope. There's no evidence for that."
Mayor Francis Slay wrote in his blog Tuesday that some of the most violent crimes in Troupe's First Ward are committed with guns stolen from law-abiding citizens.
He said Troupe could do more good urging constituents to cooperate with investigating police officers, lending support for activities for children, and lobbying legislators to increase funding for jobs training and economic development.
Fellow Alderman Lyda Krewson called Troupe's idea a "whacky and ineffective response."
"Most of us are really not equipped to handle the seriousness and responsibility of walking around with a gun," she said. "The end result is more guns on the street."
Krewson, whose husband was shot and killed in front of their home in the tony Central West End neighborhood in 1995, said she doesn't mean to diminish the problem of crime.
She said having a gun "would not have changed the outcome of that evening. I personally don't think guns are the answer to this."
The Rev. F. James Clark of Shalom Church in suburban Florissant, who organized an anti-crime march this summer that drew tens of thousands to the streets of St. Louis, said it doesn't make sense to "join up with what you've been fighting."
He said it sounds like Troupe "is frustrated, looking for an answer, just like the rest of us."
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| PLEASE READ Barack Obama and Joe Biden PAGE |
http://abclocal.go.com/wpvi/story?section=news/politics&id=6450299
By GLEN JOHNSON, Associated Press Writer BOSTON - October 15, 2008 -- John McCain supports background checks for buyers at gun shows and has his name on a law restricting special-interest group advertising, two positions strongly opposed by the National Rifle Association. So how'd he end up with the group's presidential endorsement? By running against Barack Obama, whom NRA leaders accuse of wanting to put the firearms industry out of business. "Hillary was right: You can't trust Obama with your guns," the association's Political Victory Fund said in a recent mailing. The endorsement reflects the complicated role that gun control is playing in the 2008 campaign. Story continues belowAdvertisement For voters who care about the issue, the most unambiguous record belongs not to McCain, but his running mate. Alaska Gov. Sarah Palin is not only a gun owner and an NRA member, but a proud hunter who is unapologetic about supporting aerial wolf hunting. From there, things get kind of gray. Obama's running rate, Sen. Joe Biden of Delaware, favors gun control but is a gun owner himself - he has three shotguns. Referring to Obama, Biden recently told a Virginia audience, "He tries to fool with my Beretta, he's got a problem." He was referring to a weapon sold by Beretta, a company that makes a wide variety of firearms. Neither McCain nor Obama owns a gun. Obama, a former constitutional law professor, joins McCain in saying he supports the Second Amendment's right to bear arms. And both said the Supreme Court was correct in June when it clarified - for the first time in the country's history - that the Second Amendment gave gun ownership rights to individuals, not just a militia. But that case also exposed a fissure between the two White House contenders. McCain, reflecting the more conservative principles of the GOP, said the ruling is only the first step toward ensuring gun rights. While he supports the gun-show checks and advertising restrictions, he voted against the 1994 assault weapons ban and believes gun manufacturers should not be held liable in civil lawsuits for crimes committed with their products. The Arizona senator said last year: "I strongly support the Second Amendment. And I believe the Second Amendment ought to be preserved - which means no gun control." Obama joined with fellow Democrats in voting to leave gun-makers and dealers open to suit. As an Illinois state lawmaker, he also supported a ban on all forms of semiautomatic weapons and tighter state restrictions generally on firearms. He argues local communities should be able to take the steps they feel are necessary to reduce crime. Those positions helped him win the endorsement of the Brady Campaign to Prevent Gun Violence. "The Obama-Biden ticket will work with law enforcement, gun violence victims and ordinary citizens who want to do more to protect themselves, their families and their communities by making it harder for dangerous people to get dangerous weapons," said Paul Helmke, president of the group named after Jim Brady. Brady was press secretary to President Reagan when he was gravely wounded by a gunman who tried to assassinate Reagan in 1981. A rival gun rights group, the American Hunters and Shooters Association, has endorsed Obama and accuses the NRA of backing McCain for partisan rather than philosophical reasons. "The NRA is holding Obama accountable for votes taken 10 years ago but giving McCain a pass for his actions within the past eight years," said the group's president, former Washington Redskins player Ray Schoenke, who has cut radio ads for Obama. Ohio Gov. Ted Strickland, a Democrat, has also tried to reassure voters in his battleground state, saying last week that gun owners "have nothing to fear from Barack Obama." McCain generally does not raise the issue on the campaign trail. The former naval aviator was trained to use a pistol and carried one with him in combat but hasn't used one since leaving the military. In May, however, speaking to the NRA's annual convention in Kentucky, McCain leveled a double-barreled attack on Obama and Sen. Hillary Rodham Clinton, who was then still in the Democratic nomination race. "If either Sen. Clinton or Sen. Obama is elected president, the rights of law-abiding gun owners will be at risk, my friends - and have no doubt about it," McCain said. While his McCain-Feingold law inhibits special-interest fundraising, he told the group, "Those disagreements do not detract from my long record of support for the Second Amendment and the work we have done together to protect the rights of gun owners." Obama, meanwhile, angered both gun owners and blue-collar workers with his comment during a San Francisco fundraiser that bitter voters in rural Pennsylvania "cling" to guns and religion because of their economic frustrations. Last week, during an appearance in Lebanon, Ohio, he, too, tried to reassure gun owners. "I believe in the Second Amendment," he declared. "I believe in people's lawful right to bear arms. I will not take your shotgun away. I will not take your rifle away. I won't take your handgun away." (Copyright ©2008 by The Associated Press. All Rights Reserved.)
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| Welcome To Pa Right To Bear Arms |
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| My Driver Coty & Back Seat Driver Michael Jr |
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Dear Mr. ruoss:
Thank you for contacting my office regarding gun control. I appreciate you writing to express your interest and opinions on this important matter.
Millions of Americans own firearms for a variety of reasons: many wish to protect themselves and their property while others collect firearms as a hobby or use firearms for sport. Most gun owners are responsible citizens and understand the burden of owning a firearm. While a tiny fraction of the guns in this country are used in the unfortunate instance of the commission of a crime, the government should not prevent gun ownership which would punish law-abiding citizens. I believe the Second Amendment clearly defines the right of citizens to own guns and in my tenure in the Senate, I have a strong record supporting the right of law abiding citizens to own guns.
I opposed the Brady Handgun Violence Prevention Act, more commonly known as the 'Brady Bill.' I believed this legislation to be onerous in its restrictions on individuals' right to purchase firearms and I believe it did not sufficiently address the relevant issues necessary to combat crime.
In the 109th Congress (2005-2006), I voted in favor of the Protection of Lawful Commerce in Arms Act. This act limits the civil liability of gun manufacturers and reduces frivolous lawsuits. During the Senate's consideration of the Department of Homeland Security Appropriations Act for FY 2007, I supported and the Senate adopted an amendment which would prohibit any funding provided by this legislation to be used for the purpose of confiscating firearms during a natural disaster or another state of emergency.
Thank you again for contacting me regarding the right to own firearms. I will keep your thoughts in mind if the Senate considers any legislation relating to guns or gun control in the 110th Congress. Please be assured, I will continue to support the rights of law abiding citizens to keep and own firearms. If you have any further questions about this issue or any other issue, please contact my office or visit my website at www.specter.senate.gov.
Sincerely,
Arlen Specter
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Look at what the Supreme Court and The Constitution of the United States provides "The People" in the way of protection from murder by criminals and madmen:
In 1856, the U. S. Supreme Court ruled that local law enforcement had no duty to protect individuals but only a general duty to enforce the laws. South vs. Maryland, 59 US{HOW} 396, 15 L. Ed. 433 {1856}. A U. S. Federal Appeals Court declared in 1982: "There is no constitutional right to be protected by the state against being murdered by criminals or madmen." Bowers vs. devote, U. S. Court of Appeals, 7th Circuit 686 F. 2d 616 {1982}
In essence, the Constitution and the Supreme Court throws personal protection directly into the hands and the responsibility of the citizen. Without access to Arms, we are nothing more than sheep awaiting the slaughter.
Jesus himself believed in the value of Self-Defense and the most recent interpretation of one of the Ten Commandments is, Thou Shall not Murder. The word "Kill" has been found to be an incorrect interpretation of the original text.
It is our duty from God and Man to protect ourselves and our loved ones from harm and from murder. The Bible give us the right to protect ourselves from murder. The Declaration of Independence recognizes our God given right to Self-Defense and the Constitution gives us the 2nd Amendment and the Right to Arms for use in personal and family protection.
Everything in life states that the Leftists are absolutely wrong in their attempt to disarm the population and if they become serious about their task, we need to become equally serious about our task and fight for our God given rights. What God has given let no man put asunder!
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How to Fly the American Flag
Ten Guidelines
1. The flag should be hoisted briskly and lowered ceremoniously .
2. The flag is never allowed to touch the ground or the floor.
3. When hung over a sidewalk on a rope extending from a building to a pole, the union stars are always away from the building.
4. When vertically hung over the center of the street, the flag always has the union stars to the north in an east/west street, and to the east in a north/ south street.
5. The flag of the United States of America should be at the center and at the highest point of the group when a number of flags of states or localities or tenants of societies are grouped an displayed from staffs.
6. The flag should never be festooned, drawn back, nor up in folds but always allowed to fall free.
7. The flag should be displayed at halfstaff until noon on Memorial Day then raised to the top of the staff.
8. Never fly the flag upside down except as a signal of distress in instances of extreme danger to life or property.
9. The flag is never flown in inclement weather except when using an all weather flag.
10. The flag can be flown every day from sunrise to sunset and at night if illuminated properly.
Flag Display Days
New Year's Day January 1st Inauguration Day January 20th Martin Luther King, Jr. Day 3rd Monday in January Lincoln's Birthday February 12th Washington's Birthday (Presidents' Day) 3rd Monday in February Easter Sunday Variable Mother's Day 2nd Sunday in May Peace Officers Memorial Day (half-staff until sunset) May 15th Armed Forces Day 3rd Saturday in May Memorial Day (half-staff until noon) Last Monday in May Flag Day June 14th Independence Day July 4th National Korean War Armistice Day (half-staff until sunset) July 27th Labor Day 1st Monday in September Patriot Day (half-staff until sunset) September 11th POW /MIA Recognition Day 3rd Friday in September Constitution Day (Citizenship Day) September 17th Columbus Day 2nd Monday in October Navy Day October 27th Veterans Day November 11th Thanksgiving Day 4th Thursday in November National Pearl Harbor Remembrance Day (half-staff until sunset) December 7th Christmas Day December 25th
and such other days as may be proclaimed by the President of the United States; the birthdays of states (date of admission); and on state holidays.
Information outlined above is part of the Federal Flag Code or enacted by Federal legislation.
Fly your POW /MlA flag with your American flag on Armed Forces Day, Memorial Day, Flag Day, Independence Day, National POW /MlA Recognition Day and Veterans Day
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The Rollye James Show Mediatrix
June 8, 2008
Michael S. Ruoss
PA Right to Bear Arms
129 Starr Rd.
Avondale, PA 19311
Michael,
I wanted to thank you for taking the time and effort to put your website together. My mantra on the air is that the only way we will see a positive change in our government is when a sufficient number of Americans awaken and become involved in the political process. Congratulations for doing just that.
When one person contacts a representative, or starts a protest, or like you, erects a website, it often seems like it doesn’t matter. To a great extent, it’s a thankless, unattractive proposition. That’s why so few people do it. But the paradigm changes when one person becomes many. Then it’s a voice congress can not ignore. No special interest lobbiest can begin to counter the will of millions of Americans, awakened and involved. Issues threatening our way of life will come up again and again, and only time will tell if our citizens have what it takes to remain active, but the bottom line is it all starts with one person—that person who refuses to see they are insignficant or their task is insurmountable. Someone willing to spread the word no matter how discouraging a situation appears. Someone just like you.
Thank you for fighting for our second amendment rights. Nothing is constitutionally more important. When it comes to the Bill of Rights, without the second amendment we can’t hope to preserve the other nine. You’re on the right side of Freedom Michael, and I thank you for caring enough to be involved.
Rollye James
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