From: [EMAIL PROTECTED]
NRA-ILA FAX ALERT
Vol. 7, No. 31
DINGELL TO RENO -- WHY WON'T YOU PROSECUTE CRIMINALS?
On Tuesday, U.S. Representative John Dingell (D-Mich.) sent a letter to
Attorney General Janet Reno asking "why the Department of Justice is not
doing more to prosecute" individuals who violate federal law prohibiting
them from obtaining firearms. Dingell, who has been one of the strongest
supporters of our Right to Keep and Bear Arms since he was first elected
to Congress in 1954, was prompted to raise questions regarding the lack of
these federal prosecutions by Bureau of Justice Statistics (BJS) reports
on Federal Firearm Offenders and Background Check for Firearm Transfers,
both of which were released in June. The BJS reports indicate that, while
the National Instant Check System (NICS) continues to identify and deny
convicted murderers, rapists, fugitives, and other violent criminals who
attempt to purchase firearms from Federal Firearms License (FFL) holders
-- a violation of federal law (18 U.S.C. 922(a)(6)) -- less than 1% of
those rejected are being prosecuted at the federal level. The Federal
Firearm Offenders report indicated that federal prosecutions are so low,
in part, because under "DOJ/U.S. Attorney policy," attorneys are declining
cases they feel have "minimal federal interest." Dingell asked Reno: "What
exactly is the policy for prosecuting violations of 18 U.S.C. 922(a)(6)?";
"Why (would there) be a DOJ/U.S. Attorney policy not to prosecute those
who violate federal firearms laws?"; and "Why (would there) be �minimal
federal interest' in prosecuting those who violate federal firearm laws?"
The Michigan Representative, who was awarded the Harlon B. Carter
Legislative Achievement Award at this year's NRA Annual Meetings and
Exhibits in Charlotte, N.C., also pointed out that another reason cited
for not pursuing federal prosecutions was "weak evidence." But, as Dingell
states in his letter, any attempt to purchase a firearm from an FFL holder
requires the prospective purchaser to fill out an ATF Form 4473, and that
form not only asks for information to identify the prospective purchaser,
but also asks if he is prohibited from purchasing a firearm. If he is,
then he has violated federal law by trying to purchase a firearm, and all
the evidence one should need to prosecute has been supplied on the Form
4473. Former federal prosecutor Andrew McBride of the Richmond, Va.,
office even once remarked that such cases are as easy to prosecute as
"picking change up off the street." We applaud Representative Dingell for
continuing to take the Clinton-Gore-Reno DOJ to task over its failure to
prosecute violent criminals who violate federal gun laws. If you would
like a copy of Dingell's letter, please call the NRA-ILA Grassroots
Division (800) 392-8683, or you will find a link to it on our website at
NRAILA.org.
JAMA ARTICLE QUESTIONS EFFECTIVENESS OF BRADY ACT
An article recently published in the anti-gun Journal of the American
Medical Association (JAMA) indicates that the Brady Act has had no
significant impact on violent crime. The research itself, however, is
hardly ground breaking, merely confirming what NRA and other researchers
have said for years. The article's authors, Jens Ludwig and Philip J.
Cook, are notoriously anti-gun, and their work was funded by the anti-gun
Joyce Foundation. Prior research on the Brady Act has been far more
thorough, looking at areas Ludwig and Cook failed to explore, such as the
law's effect on robbery, rape, and aggravated assault. Ludwig and Cook
studied only homicide and suicide -- and their study of homicide included
incidents where law-abiding citizens defended themselves against violent
criminal attack. Yale University School of Law Senior Research Scholar
John R. Lott, Jr., in contrast, studied the Brady Act's impact on all
violent crime, and found that its waiting period had no significant impact
on murder and non-negligent manslaughter (rather than homicide) and
robbery rates, and was associated with a small increase in rape and
aggravated assault rates. Furthermore, Ludwig and Cook didn't account for
variables such as the death penalty, arrest rates, conviction rates,
prison-sentence lengths, other gun control laws, or Right to Carry laws --
variables normally associated with crime deterrence. Lott's research took
these variables and many others into account. So why are anti-gun
researchers so interested in promoting research that seems to support
pro-gun views? The answer is simple -- they are attempting to promote
federal regulations on the private transfer of firearms. The gun ban
extremists at HCI have already started using the Ludwig/Cook study to
promote firearms registration schemes and NICS checks on all private
transfers of firearms, stating that "Ludwig and Cook assert that the
effectiveness of the Brady Law is undermined by the unregulated secondary
market." But, if the Brady Act approach were really crime-preventing, it
should have had some beneficial impact on crime. The Brady Act was
enacted, after all, based on the insistence of its promoters that a
significant minority of criminals obtained their guns from dealers -- and
the Brady Act would put a stop to this.
BUSH CALLS FOR ENFORCING EXISTING LAWS
While HCI continues its mantra of "more gun control," George W. Bush made
clear his views on addressing violent crime last night. While accepting
the nomination of the Republican Party as its candidate for U.S.
President, Bush said, "We must help protect our children, in our schools
and streets, by finally and strictly enforcing our nation's gun laws."
CLINTON DEFIES THE WILL OF CONGRESS
Bill Clinton has indicated that he will continue to instruct HUD Secretary
Andrew Cuomo, one of the Clinton-Gore Administration's most loyal anti-gun
lapdogs, to promote the HUD-funded gun-surrender program called "Buyback
America." U.S. Representative James T. Walsh (R-N.Y.), who is the chairman
of the House appropriations subcommittee that oversees HUD, wrote to Cuomo
in July, telling him to stop funding the program. The letter, which was
also signed by U.S. Representatives Allan Mollohan (D-W.V.) and Tom DeLay
(R-Tex.), pointed out that funding the gun-surrender program was not
authorized by law -- a position supported by both judicial review and the
GAO. Walsh stated that HUD is misspending federal funds by diverting $15
million earmarked for a program designed to fight drugs in public housing
to pay for the gun turn-in scheme. Walsh told the Washington Post, "Drug
elimination funds are for eliminating drugs.... Gun buyback programs,
whether you agree or disagree with them, do not qualify under that funding
scheme." He also pointed out that he felt "gun buybacks are sort of silly"
because criminals are not going to turn in their firearms for the
HUD-suggested price of $50. Walsh's evaluation of the ineffectiveness of
gun-surrender schemes is supported by research funded by Janet Reno's DOJ,
as well as by researchers on both sides of the gun issue.
MEDIA REVIVES "PLASTIC GUN" & "ARMOR-PIERCING AMMUNITION" NON-ISSUE
In an effort to scare voters on the gun issue in this year's elections,
anti-gun extremist politicians such as U.S Senators Barbara Boxer
(D-Calif.) and Chuck Schumer (D-N.Y.), and U.S. Representative Carolyn
McCarthy (D-N.Y.), are trying to resurrect two phony issues: "Plastic
Guns" and "Armor-Piercing Ammunition." If you would like the facts
regarding these legislative red herrings, you can call the NRA-ILA
Grassroots Division at (800) 392-8683, or go to our website at
www.NRAILA.org.
ART SACRIFICED FOR POLITICAL CORRECTNESS
A sculpture in Santa Fe, N.M., that had stood unchanged for 21 years has
become the latest victim to anti-gun political correctness. The sculpture
was part of a fountain, and featured a young boy and girl in a water
fight, with the girl holding a hose, and the boy a squirt gun.
Unfortunately, anti-gun sentiments caused a few people to complain about
the squirt gun, and the sculpture was even vandalized, presumably because
someone did not approve of the image of a child playing with a water gun.
On Thursday, the water gun was removed and was replaced with a hose.
Perhaps the next step for anti-gun extremists is to storm the Iwo Jima
Memorial and remove all the M1s.
A LOOK AT THE STATES
CALIFORNIA
On Monday, August 7, the Senate Appropriations Committee is scheduled to
consider AB 273, which would require all handgun buyers be licensed by the
California Department of Justice. In fact, AB 273 would mandate that all
law-abiding gun owners pass a written test on firearm laws, pass a
shooting proficiency test, be fingerprinted, and register all handguns
already owned before being licensed to take possession of another handgun!
In addition to being invasive, costly and time-consuming, this mandate
would result in mass discrimination against the poor, the disabled, and
the elderly -- those who couldn't either afford to pay the licensing fees
or travel the distance to qualify for testing. And, if that weren't bad
enough, once gun owners are licensed under AB 273, they would be required
to notify law enforcement whenever they moved -- just like registered sex
offenders! Continue to contact your State Senator in his Capitol offices
in opposition to AB 273. AB 273 has passed the Assembly once, but should
it pass out of the Senate, it would need to be approved by the Assembly
once more. Also, the California Rifle & Pistol Association, Inc. (CRPA),
the NRA's state affiliate, announced today that it is joining forces with
the Anaheim Police Department and firearms dealers to support the city's
program to crack-down on felons who attempt to buy a firearm -- a program
similar to the "Project Exile" prosecution model. Under this program,
either the Anaheim City Attorney's Office or the U.S. Attorney's Office
will prosecute cases in which a felon falsifies the state or federal
paperwork necessary to buy a gun. Offenders would face up to five years in
prison. For more information on this program, or to assist CRPA in the
promotion of this effort, contact CRPA at (714) 992-2772.
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