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NRA-ILA FAX ALERT
Vol. 7, No. 28
COURT ALLOWS FBI TO MAINTAIN RECORDS ON LAW-ABIDING GUN PURCHASERS
On Monday, a three-judge panel of the U.S. Court of Appeals for the D.C.
Circuit ruled in National Rifle Association of America, Inc., et al. v.
Janet Reno (see FAX Alerts Vol. 5, No. 50 and Vol. 6, Nos. 3 & 27) that
the FBI is not prohibited from maintaining an "Audit Log" on law-abiding
gun purchasers who have cleared a National Instant Check System (NICS)
check. The 2-1 ruling was sharply divided, however, with two Clinton
appointees ruling in favor of Attorney General Janet Reno and the
Department of Justice (DOJ), and one Reagan appointee strongly dissenting.
NRA's opinion on the case is very simple -- the Brady Act, which
established NICS, clearly directs that all information submitted on a
firearm purchaser be destroyed immediately once the system determines that
the transfer should not be denied. Also, federal law prohibits the
registration of gun owners, not only under the Brady Act itself, but also
under the 1986 Firearms Owners' Protection Act. Reno, however, contends
that the retention of records, which she refers to as an "Audit Log," is
needed to ensure proper management of NICS. She also claims that the
current system (NICS) is not capable of destroying the records of
law-abiding gun buyers, and it is her opinion that federal law is not
explicit enough to "prohibit generally the recordation of information
generated by the NICS." The majority opinion agreed with Reno and is shot
through with Clintonesque ramblings over the possible meanings of words
that, for most of us, are quite clear -- words such as "record" and
"destroy."
The majority opinion by Judges David S. Tatel and Merrick B. Garland held
that federal law "does not prohibit all forms of registration," and that
maintaining the "Audit Log" is permissible because it does not include all
firearm owners in the United States, and is not permanent. However,
federal law does specifically prohibit "any system of registration of
firearms, firearm owners, or firearm transactions or dispositions,"
regardless of how complete the records are or how long they are kept. The
majority also held that, even though the Brady Act clearly states that the
FBI must destroy all records on lawful firearm transfers that are subject
to a NICS check, the law sets no specific timetable as to when the records
must be destroyed. Tatel and Garland claimed the Brady Act is vague and
the court must defer to "agency expertise."
In his dissent, Judge David B. Sentelle argued that Reno exceeded her
authority, and that Congress was clear when it stated that records on
lawful gun purchasers subject to NICS must be "destroyed." Reno's
assertion that the lack of the word "immediately" following Congress's
command to "destroy all records" led Sentelle to write, "The Attorney
General's position strikes me as reminiscent of a petulant child pulling
her sister's hair. Her mother tells her, �Don't pull the baby's hair.' The
child says, �All right, Mama,' but again pulls the infant's hair. Her
defense is, �Mama, you didn't say I had to stop right now.' I do not think
that the parent's command to the child is ambiguous, nor that of Congress
to the Attorney General." NRA-ILA Executive Director James Jay Baker
commented, "When you have words in the law like �destroy,' �don't record'
and �no system of registration,' it seems fairly obvious to us."
NRA will be filing a motion for a re-hearing before the full court and
will also continue to press for Congressional action to clarify, beyond
any doubt, the law that prohibits any retention of information on
law-abiding gun purchasers through NICS. On June 21, hearings were held in
the U.S. Senate to address recurring problems with the overall operation
of NICS (see FAX Alert Vol. 7, No. 25), during which retired U.S. Senator
Bob Dole (R-Kan.) testified that his original intent when working on the
legislation that eventually became the Brady Act was to mandate the
immediate destruction of the records in question. Be sure to let your
federal lawmakers know that you would like to see them work with NRA to
put an end to the Clinton-Gore Administration's maintaining any records on
law-abiding gun owners. You can contact your U.S. Senators by calling
(202) 224-3121, your U.S. Representative by calling (202) 225-3121, or use
the "Write Your Reps" tool at www.NRAILA.org.
S&W SELLOUT REJECTED FOR TREASURY DEPARTMENT
On Tuesday, the House Treasury, Postal
Service and General Government Appropriations Subcommittee approved an
amendment offered by pro-gun U.S. Representative Virgil Goode (I-Va.). The
amendment would prohibit the Treasury, Postal Service, and other agencies
from granting or withholding firearms contracts on the basis of gun
makers' agreement to arbitrary "codes of conduct" relating to their
operating or design practices in importing, manufacturing or dealing in
firearms or ammunition. While the language of the amendment does not refer
specifically to the Smith & Wesson (S&W) Sellout (see Special FAX Alert
3/20/00), it was clearly inspired by the concern that the Clinton-Gore
Administration would impose purchase preferences on the Department of
Treasury, Postal Service, and all other agencies covered under this bill.
HUD Secretary Andrew Cuomo has already proposed such purchase preferences
for federal law enforcement agencies (see Special FAX Alert 3/20/00).
Cuomo's proposal would encourage or require the federal government to give
highly preferential procurement treatment to firearms manufacturers like
S&W who sign coerced agreements restricting their otherwise legitimate
activities. Goode's amendment was approved by voice vote.
The full House Committee on Appropriations is expected to markup the 2001
Treasury, Postal Service and General Government Appropriations bill on
Tuesday, July 18. Anti-gun U.S. Representative Rosa DeLauro (D-Conn.) is
expected to offer an amendment similar to the Senate-passed Lautenberg gun
show amendment, which would effectively ban gun shows as we know them
today. Please call your U.S. Representative and urge him to support the
Goode amendment to the 2001 Treasury, Postal Service and General
Government Appropriations bill. Also urge him to oppose any efforts by
Rosa DeLauro or other anti-gun Representatives to raise the specter of the
Lautenberg gun show ban. You can contact your Representative by calling
(202) 225-3121, or by using the "Write Your Reps" feature on NRAILA.org.
HCI ATTACKS GEORGE ALLEN
HCI has launched an advertising campaign in the Washington, D.C.,
metropolitan area smearing Virginia U.S. Senate candidate George Allen
(R). The ad campaign, which the Washington Post describes as "designed to
galvanize Northern Virginia support for two-term Sen. Charles S. Robb
(D)," is a highly deceitful portrayal of Allen's solid pro-Second
Amendment track record when he served as Virginia Governor. It focuses on
Governor Allen's signing Virginia's fair, non-discretionary Right to Carry
law in 1995. Law-abiding Virginians may wish to express their support for
the governor's policies by writing to Friends of George Allen at Post
Office Box 573, Richmond, Virginia 23218. You can also call (804)
775-2000, or use the on-line form at http://www.allen2000.com/. Just go to
the section called Join the Online Campaign, then Contact the Campaign.
BATF ATTACKING FIRST AMENDMENT?
Many in the pro-gun community are familiar with the novel Unintended
Consequences by John Ross. This fictional work tells the story of the
gradual erosion of the Right to Keep and Bear Arms in America, and also
paints a rather negative picture of the Bureau of Alcohol, Tobacco &
Firearms (BATF). Now a letter to BATF Director Bradley Buckles from the
author's attorney alleges that the BATF has been harassing Mr. Ross and
others involved in the distribution of his book. The letter claims that
"in 1997 the book's publisher became aware that individuals purporting to
be BATF agents had threatened vendors of the book in at least three
different states with �problems' if they did not cease their sales of the
book." The letter states that similar incidents did not occur after a
$10,000 reward was offered for information to identify the "agents." But
the letter from Ross's attorney, James H. Jeffries, III, goes on to state
that BATF agents "have engaged in an official effort to enlist Mrs. Ross,
who is amicably separated from her husband as an informant against her
husband." Mrs. Ross, apparently, has expressed no interest in assisting
the BATF, and Jeffries has demanded that BATF "cease and desist from this
unconstitutional abuse of power." He has also asked for a full
investigation by the Inspector General of the Treasury Department, and
requested the U.S. Attorney General look into whether Mr. Ross's civil
rights have been violated by BATF. Stay tuned.
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