<<the NRA refusing to fight progressive background checks <<
The NRA filed suit a month ago-- here is an update-- and has a link to Canadian Laws too:
NRA-ILA FAX ALERT
11250 Waples Mill Road * Fairfax, VA 22030
Phone: 1-800-392-8683 * Fax: 703-267-3918 * GROOTS@NRA.org
Vol. 5, No. 50 12/18/98
NRA v. RENO -- ROUND ONE
On Thursday, December 17, NRA presented arguments on our
suit challenging FBI's registering of law-abiding gun buyers
whose purchases were not denied by a National Instant Check
System (NICS) check, along with our motion requesting a
preliminary injunction to stop this illegal records retention
scheme. Attorney Stephen Halbrook, who argued the case that led
to the Supreme Court striking down certain provisions of the
Brady Act, presented NRA's case to U. S. District Court Judge
Robertson. The Department of Justice (DOJ), meanwhile, brought a
cadre of eight attorneys to defend their illegal actions -- all,
of course, at the expense of U.S. taxpayers.
NRA's position is simple -- the law that established NICS
clearly directs that all information submitted on a firearm
purchaser be destroyed once the system determines that the
transfer should not be denied. Meanwhile, Attorney General Janet
Reno's opposition brief to NRA's motion for a preliminary
injunction is a massive 65-page work filled with citations from
irrelevant cases that refer to allowing government agencies
leeway when interpreting the implementation of law. In this
particular case, however, the law is clear in its direction, and
courts consistently fail to defer to agencies when the statutory
language is clear.
While the Attorney General's brief is thick with quotes from
inapplicable rulings in an attempt to defend the government's
illegal registering activities, she failed to quote 103 (I) of
the Act itself, which states: "No department...of the United
States may -- (1) require that any record of portion thereof
generated by the system established under this section be
recorded at or transferred to a facility owned, managed, or
controlled by the United States." Referring only to the section
number, she argues that it does not "prohibit generally the
recordation of information generated by the NICS." She further
argues that the retention of records, which she refers to as an
"Audit Log," is needed to ensure proper execution of NICS. To
bolster this position, the brief refers to an FBI employee who
unlawfully ran names through NICS, and was uncovered by the Audit
Log. It is ludicrous to ask that the privacy rights of law-
abiding citizens be suspended because the FBI failed to police
its own employees.
Additionally, Reno claims that the current system is not
capable of destroying the records of law-abiding gun buyers, and
that to reprogram the system would require that it be shut down
for six months, costing $2 million. The system, however, has been
in development for five years, which should have allowed ample
time to program it so that it could comply with the law, leading
one to question whether an intention to violate the law was
always part of the DOJ's plan. Further, independent computer
experts have indicated that records could be destroyed at the end
of each day during reprogramming, which could be accomplished in
one to two weeks. We hope that Judge Robertson will render a
decision, at least in part, by next week, which we will be sure
to report.
HESTON ON "60 MINUTES"
Be sure to watch your television this Sunday evening,
December 20, as NRA President Charlton Heston will be the subject
of a segment on the CBS news program "60 Minutes." We anticipate
that the story will cover Mr. Heston's career as both a
critically acclaimed actor, as well as his civic activities,
culminating in his current position as NRA President. "60
Minutes" is known for its tenacious, go-for-the-throat reporting
style, so we cannot be sure how fair their coverage of NRA will
be. Also interviewed for the piece was NRA Executive Vice
President Wayne LaPierre, Philadelphia Mayor Ed Rendell, and
officials involved with Project Exile in Richmond, Va.
ANOTHER TOOL FOR THE GRASSROOTS VOLUNTEER
Those of you with fax machines wishing to take advantage of
the wealth of resources offered by NRA-ILA need to know about
"NRA-ILA FaxLine" -- a 24-hour fax information system. "NRA-ILA
FaxLine" makes a host of NRA-ILA Alerts, fact sheets, and
brochures available by fax, 24-hours a day at your request! To
receive these items, dial (703) 267-3734 from your fax machine,
and follow the simple voice instructions. You'll have the
information in minutes!
MEXICO & CANADA: GUN OWNERS BEWARE!
While gun owners in the U.S. are under constant attack from
anti-gun lawmakers, ever-pushing to increase restrictions on your
right to keep and bear arms, it should be noted that America is
still one of the few remaining countries where gun owners are
relatively free. Two countries that are popular vacation spots
for Americans, Canada and Mexico, can present serious legal
hazards to traveling gun owners who are unaware of their
restrictions. There have been numerous reports about unwary
travelers landing in Mexican prisons simply because they forgot
that there was nothing more than loose ammunition in their glove
compartments. For information on traveling outside of the U.S.
with your legally-owned firearms, please call the NRA-ILA
Grassroots Division, at (800) 392-8683, and request our Guide to
the Interstate Transportation of Firearms. This document will
give specific information on how you can lawfully transport your
firearms, if possible, into Mexico. For information on traveling
into Canada, please contact the Canadian Firearms Centre (CFC),
which is the Canadian equivalent of our Bureau of Alcohol,
Tobacco & Firearms. The CFC can be reached by calling (800)
731-4000, and they have a website at
canada.justice.gc.ca. They also have an e-mail
address, which is canadian.firearms@justice.x400.gc.ca.
SPECIAL NOTE
NRA will be closed for business on Christmas Day and New
Year's Day, so we will be sending the next two FAX Alerts on the
Thursdays preceding each.
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This information is provided as a service of the National Rifle
Association Institute for Legislative Action, Fairfax, VA.
This and other information on the Second Amendment and the NRA is
available at: nra.org
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