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Article #576

NRA-ILA FAX ALERT - Vol. 8, No. 1 1/5/01

#576
From: Neil At Hollywood.Hom
Date: Sun, 07 Jan 2001 18:41
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NRA-ILA FAX ALERT=20
Vol. 8, No. 1 1/5/01=20
MARYLAND LAW CREATES "de facto BAN" ON HANDGUNS
Maryland's "ballistic fingerprinting" requirement has had a chilling =
effect on the lawful sale of handguns in the not-so-"Free State." Many =
new handguns, perfectly legal in most states, are simply not coming into =
Maryland, which means the supply for any law-abiding citizen who hopes =
to buy a new handgun is drying up. It seems that many gun makers are not =
able or willing to comply with Maryland's requirement that any handgun =
manufactured after October 1, 2000, that is intended to be sold in =
Maryland, include with the firearm a shell casing from a round of =
ammunition that has been fired from that handgun, along with identifying =
information on the handgun and the casing. The casing and information is =
then stored at the Maryland State Police Crime Laboratory, creating, in =
effect, a handgun registration system.=20

When the problem of gun makers and distributors not shipping new =
handguns into Maryland was brought to the attention of U.S. Rep. Robert =
Ehrlich, Jr. (R-Md.), last October, he immediately sent a letter of =
inquiry to Col. David B. Mitchell, the Maryland State Police =
Superintendent. Rep. Ehrlich, a solid friend of Maryland's gun owners, =
asked Col. Mitchell for "a detailed accounting of handgun manufacturers =
or distributers who have given notice...of their intent to provide =
handguns for sale in Maryland." The response, which came on December 13, =
confirmed many fears. Mitchell stated that his investigation found that =
nine manufacturers have "prohibited distributers from transporting their =
handguns to Maryland," three others may comply with the new requirement, =
but have not begun to yet, and three more have stated they will supply =
"only limited models." At the core of the confusion is the simple fact =
that the firearm distribution system employed by most manufacturers is =
not designed to segregate guns by state.=20

As the supply of legal handguns available to Maryland's gun owners and =
gun dealers starts to diminish, even some of the sponsors of the =
legislation are beginning to realize there is a real problem. Maryland =
House Speaker Casper R. Taylor, Jr. (D-Allegany), one of the bill's most =
powerful proponents when it was under debate, commented that the new law =
has actually created a "de facto ban" on some firearms that are =
completely legal. According to an article in the December 29, 2000 issue =
of the Washington Post, Taylor sent a letter Maryland Attorney General =
J. Joseph Curran, Jr. (D) requesting he "reinterpret the law to make =
clear that gun makers unwilling to supply shell casings may continue to =
ship their weapons to Maryland." Curran responded by stating the state =
police can determine whether a gun dealer may sell a handgun when a =
manufacturer has not supplied a shell casing. But Curran's office also =
stated any handguns sent without casings can be seized. This "Catch 22" =
should come as no surprise, as Curran is the same AG who stated in 1999, =
"Our public policy goal must be to rid our communities of handguns."=20


FLORIDA COURT UPHOLDS PRIVACY RIGHTS OF NRA MEMBERS
NRA and Unified Sportsmen of Florida (USF), an NRA affiliate led by NRA =
Past President Marion P. Hammer, won a significant court victory on =
December 27, 2000, when the District Court of Appeal of Florida, Third =
District, ruled that the identity of members of these organizations need =
not be disclosed in a lawsuit. This issue arose when the City of South =
Miami, in response to a suit filed against it by NRA and USF, demanded a =
list of the names and addresses of all NRA and USF members who live in =
the City. The original NRA/USF suit, which is still pending, was filed =
because the City had enacted a law mandating trigger locks be used to =
secure all firearms-a violation of Florida's statewide preemption law, =
and a conflict with state law that allows firearms to be secured by many =
other methods.=20

Speaking on behalf of both NRA and USF, Hammer called the City's demand =
for the names of members "nothing more than harassment." The City even =
went so far as to demand a list of members who own firearms, along with =
information on how they store their firearms. Hammer went on to call the =
City's effort "nothing less than a devious political attempt to try to =
force us to give up our constitutional right to privacy in order to =
exercise our right to seek relief in the courts-from the illegal actions =
of local anti-gun politicians."=20

When a lower court ordered that NRA and USF disclose at least 10 =
members, Hammer stated, "We have never and will never release our =
membership information. We will not release ten names nor one single =
name, period." In its reversal of the lower court's ruling, the Court of =
Appeals held: "We are not convinced that simply because the Associations =
filed the action as plaintiffs, they have waived their privacy rights =
concerning the members' names. The discovery of the names should not =
have been ordered. We therefore quash the order."=20


NOMINATIONS NOW BEING ACCEPTED FOR 2000 NRA-ILA VOLUNTEER AWARDS
The "Jay M. Littlefield Memorial NRA-ILA Volunteer of the Year Award" is =
an annual honor that recognizes an NRA member who demonstrates =
exceptionally meritorious activism in defense of our Second Amendment =
rights. Similarly, the "NRA-ILA Volunteer Organization of the Year =
Award" is bestowed upon that group which has gone above and beyond the =
call of duty in defending our freedoms over the past year. Nominations =
for these honors for last year (2000) should be submitted to:=20

  NRA-ILA Volunteer Awards
  c/o Chris Manthos
  NRA-ILA Grassroots Division
  11250 Waples Mill Road
  Fairfax, VA 22030
They can also be faxed to Chris at (703) 267-3918. All nominations must =
be submitted by NRA members in good standing and accompanied by a one =
page description of why the nominated individual/organization is =
deserving. Winners will be selected by NRA-ILA staff, and will be =
acknowledged and presented with their awards at this year's Annual =
Meetings in Kansas City, Missouri. The deadline for submissions is April =
27, 2001.=20


N.Y. GOV. PATAKI CONTINUES TO PANDER TO ANTI-GUN EXTREMISTS
New York Governor George Pataki (R) seems bent on alienating himself =
from law-abiding gun owners, hunters, and conservatives-a significant =
voting bloc that contributed to his election in 1998-as he announced his =
latest proposal to "reinforce [New York's] gun laws" in his State of the =
State Address on Wednesday, January 3. Pataki claims his newest proposal =
will "reinforce [New York's] gun laws"-already among the strictest in =
the nation-and he will also propose an increase in penalties for anyone =
caught "trafficking in illegal weapons." While it may sound like the =
Governor is attempting to seize on NRA's message of enforcing existing =
laws, and getting tough on real criminals, we'll have to wait to see the =
particulars of this latest scheme. As they say, the devil's in the =
details, and this is the same Governor who turned his back on =
law-abiding gun owners last year when he first vetoed legislation that =
would have encouraged schools to teach life-saving firearm safety =
courses such as NRA's award-winning Eddie Eagle GunSafe=A9 Program, then =
leapt feet-first into the camp of the gun-ban community when he rammed =
his anti-gun legislative package through the New York legislature. =
Pataki described last year's Draconian legislation-which included =
language that attempted to mirror the federal ban on so-called assault =
weapons and a "ballistic fingerprinting" requirement (i.e., backdoor gun =
registration, such as in Maryland)-as "common sense laws that protect =
the rights of honest gun owners...." If Pataki feels that banning guns =
and registration schemes protect honest gun owners, one has to wonder =
what he has in mind next.=20


-------------------------------------------------------------------------=
-------

Having difficulty finding ILA-related info? Try our FAQ Sheet=20

NRAILA.org is maintained for the NRA by=20
Mainstream Electronic Information Services=20

Homepage established 1994 by the NRA Institute for Legislative Action=20
11250 Waples Mill Road, Fairfax, VA 22030=20




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<DIV><FONT size=3D2>
<CENTER>
<H2>NRA-ILA FAX ALERT </H2>
<H3></CENTER>Vol. 8, No. 1 1/5/01 </H3>
<CENTER><B>MARYLAND LAW CREATES "de facto BAN" ON HANDGUNS</B></CENTER>
<P><B>Maryland's</B> "ballistic fingerprinting" requirement has had a =
chilling=20
effect on the lawful sale of handguns in the not-so-"Free State." Many =
new=20
handguns, perfectly legal in most states, are simply not coming into =
Maryland,=20
which means the supply for any law-abiding citizen who hopes to buy a =
new=20
handgun is drying up. It seems that many gun makers are not able or =
willing to=20
comply with Maryland's requirement that any handgun manufactured after =
October=20
1, 2000, that is intended to be sold in Maryland, include with the =
firearm a=20
shell casing from a round of ammunition that has been fired from that =
handgun,=20
along with identifying information on the handgun and the casing. The =
casing and=20
information is then stored at the <B>Maryland State Police Crime =
Laboratory</B>,=20
creating, in effect, a handgun registration system.=20
<P>When the problem of gun makers and distributors not shipping new =
handguns=20
into Maryland was brought to the attention of <B>U.S. Rep. Robert =
Ehrlich,=20
Jr.</B> (R-Md.), last October, he immediately sent a letter of inquiry =
to=20
<B>Col. David B. Mitchell</B>, the <B>Maryland State Police =
Superintendent</B>.=20
Rep. Ehrlich, a solid friend of Maryland's gun owners, asked Col. =
Mitchell for=20
"a detailed accounting of handgun manufacturers or distributers who have =
given=20
notice...of their intent to provide handguns for sale in Maryland." The=20
response, which came on December 13, confirmed many fears. Mitchell =
stated that=20
his investigation found that nine manufacturers have "prohibited =
distributers=20
from transporting their handguns to Maryland," three others may comply =
with the=20
new requirement, but have not begun to yet, and three more have stated =
they will=20
supply "only limited models." At the core of the confusion is the simple =
fact=20
that the firearm distribution system employed by most manufacturers is =
not=20
designed to segregate guns by state.=20
<P>As the supply of legal handguns available to Maryland's gun owners =
and gun=20
dealers starts to diminish, even some of the sponsors of the legislation =
are=20
beginning to realize there is a real problem. <B>Maryland House Speaker =
Casper=20
R. Taylor, Jr.</B> (D-Allegany), one of the bill's most powerful =
proponents when=20
it was under debate, commented that the new law has actually created a =
"<I>de=20
facto</I> ban" on some firearms that are completely legal. According to =
an=20
article in the December 29, 2000 issue of the <B><I>Washington =
Post</B></I>,=20
Taylor sent a letter <B>Maryland Attorney General J. Joseph Curran, =
Jr.</B> (D)=20
requesting he "reinterpret the law to make clear that gun makers =
unwilling to=20
supply shell casings may continue to ship their weapons to Maryland." =
Curran=20
responded by stating the state police can determine whether a gun dealer =
may=20
sell a handgun when a manufacturer has not supplied a shell casing. But =
Curran's=20
office also stated any handguns sent without casings can be seized. This =
"Catch=20
22" should come as no surprise, as Curran is the same AG who stated in =
1999,=20
"Our public policy goal must be to rid our communities of handguns."=20
<P><B>
<CENTER>FLORIDA COURT UPHOLDS PRIVACY RIGHTS OF NRA MEMBERS</B></CENTER>
<P><B>NRA</B> and <B>Unified Sportsmen of Florida</B> (USF), an NRA =
affiliate=20
led by <B>NRA Past President Marion P. Hammer</B>, won a significant =
court=20
victory on December 27, 2000, when the <B>District Court of Appeal of=20
Florida</B>, <B>Third District</B>, ruled that the identity of members =
of these=20
organizations need not be disclosed in a lawsuit. This issue arose when =
the=20
<B>City of South Miami</B>, in response to a suit filed against it by =
NRA and=20
USF, demanded a list of the names and addresses of all NRA and USF =
members who=20
live in the City. The original NRA/USF suit, which is still pending, was =
filed=20
because the City had enacted a law mandating trigger locks be used to =
secure all=20
firearms&#8212;a violation of Florida's statewide preemption law, and a =
conflict with=20
state law that allows firearms to be secured by many other methods.=20
<P>Speaking on behalf of both NRA and USF, Hammer called the City's =
demand for=20
the names of members "nothing more than harassment." The City even went =
so far=20
as to demand a list of members who own firearms, along with information =
on how=20
they store their firearms. Hammer went on to call the City's effort =
"nothing=20
less than a devious political attempt to try to force us to give up our=20
constitutional right to privacy in order to exercise our right to seek =
relief in=20
the courts&#8212;from the illegal actions of local anti-gun =
politicians."=20
<P>When a lower court ordered that NRA and USF disclose at least 10 =
members,=20
Hammer stated, "We have never and will never release our membership =
information.=20
We will not release ten names nor one single name, period." In its =
reversal of=20
the lower court's ruling, the Court of Appeals held: "We are not =
convinced that=20
simply because the Associations filed the action as plaintiffs, they =
have waived=20
their privacy rights concerning the members' names. The discovery of the =
names=20
should not have been ordered. We therefore quash the order."=20
<P><B>
<CENTER>NOMINATIONS NOW BEING ACCEPTED FOR 2000 NRA-ILA VOLUNTEER=20
AWARDS</B></CENTER>
<P>The "<B>Jay M. Littlefield Memorial NRA-ILA Volunteer of the Year =
Award</B>"=20
is an annual honor that recognizes an NRA member who demonstrates =
exceptionally=20
meritorious activism in defense of our Second Amendment rights. =
Similarly, the=20
"<B>NRA-ILA Volunteer Organization of the Year Award</B>" is bestowed =
upon that=20
group which has gone above and beyond the call of duty in defending our =
freedoms=20
over the past year. Nominations for these honors for last year (2000) =
should be=20
submitted to:=20
<BLOCKQUOTE>NRA-ILA Volunteer Awards<BR>c/o Chris Manthos<BR>NRA-ILA=20
  Grassroots Division<BR>11250 Waples Mill Road<BR>Fairfax, VA =
22030</BLOCKQUOTE>
<P>They can also be faxed to Chris at <B>(703) 267-3918</B>. All =
nominations=20
must be submitted by NRA members in good standing and accompanied by a =
one page=20
description of why the nominated individual/organization is deserving. =
Winners=20
will be selected by NRA-ILA staff, and will be acknowledged and =
presented with=20
their awards at this year's Annual Meetings in Kansas City, Missouri. =
<U>The=20
deadline for submissions is April 27, 2001.</U>=20
<P>
<CENTER><B>N.Y. GOV. PATAKI CONTINUES TO PANDER TO ANTI-GUN=20
EXTREMISTS</B></CENTER>
<P><B>New York Governor George Pataki</B> (R) seems bent on alienating =
himself=20
from law-abiding gun owners, hunters, and conservatives&#8212;a =
significant voting=20
bloc that contributed to his election in 1998&#8212;as he announced his =
latest=20
proposal to "reinforce [New York's] gun laws" in his <B>State of the =
State=20
Address</B> on Wednesday, January 3. Pataki claims his newest proposal =
will=20
"reinforce [New York's] gun laws"&#8212;already among the strictest in =
the nation&#8212;and=20
he will also propose an increase in penalties for anyone caught =
"trafficking in=20
illegal weapons." While it may sound like the Governor is attempting to =
seize on=20
NRA's message of enforcing existing laws, and getting tough on real =
criminals,=20
we'll have to wait to see the particulars of this latest scheme. As they =
say,=20
the devil's in the details, and this is the same Governor who turned his =
back on=20
law-abiding gun owners last year when he first vetoed legislation that =
would=20
have encouraged schools to teach life-saving firearm safety courses such =
as=20
NRA's award-winning <B>Eddie Eagle GunSafe=A9 Program</B>, then leapt =
feet-first=20
into the camp of the gun-ban community when he rammed his anti-gun =
legislative=20
package through the New York legislature. Pataki described last year's =
Draconian=20
legislation&#8212;which included language that attempted to mirror the =
federal ban on=20
so-called assault weapons and a "ballistic fingerprinting" requirement =
(i.e.,=20
backdoor gun registration, such as in Maryland)&#8212;as "common sense =
laws that=20
protect the rights of honest gun owners...." If Pataki feels that =
banning guns=20
and registration schemes protect honest gun owners, one has to wonder =
what he=20
has in mind next.=20
<HR noShade>

<CENTER>
<P><FONT size=3D-2>Having difficulty finding ILA-related info? Try our =
<A=20
href=3D"http://www.nraila.org/show.cgi?page=3D/grassroots/19990813-Genera=
lInfo-015.html">FAQ=20
Sheet</A>=20
<P>NRAILA.org is maintained for the NRA by <BR></FONT><A=20
href=3D"http://www.mainstream.net/"><FONT size=3D-2>Mainstream =
Electronic=20
Information Services </FONT></A><FONT size=3D-2>
<P><FONT size=3D-2>Homepage established 1994 by the NRA Institute for =
Legislative=20
Action <BR>11250 Waples Mill Road, Fairfax, VA 22030 </FONT></P>
<P>&nbsp;</P></CENTER></FONT></FONT></DIV></BODY></HTML>

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Subject: NRA-ILA FAX ALERT - Vol. 8, No. 1 1/5/01 
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