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NRA-ILA FAX ALERT
Vol. 7, No. 26
CALIFORNIA SUPREME COURT UPHOLDS GUN BAN
On Thursday, the California Supreme Court overturned a 1998 ruling by the
California Third Appellate Court of Appeal that had struck down key
provisions of California's Roberti-Roos Assault Weapons Control Act. The
1998 ruling had found that a provision of the 1989 law that allowed the
state's Attorney General -- with a judge's consent -- to add guns to the
list of banned firearms was unconstitutional because it violated the
separation of powers between the Legislature and the judiciary. The 1998
Appellate Court ruling even went so far as to suggest that the entire law
unconstitutionally "violates equal protection" because the banned firearms
are indistinguishable from other guns not affected by the law. Thursday's
ruling, however, held that the law did not improperly delegate legislative
authority to the courts, did not violate equal protection guarantees when
it left unaffected guns that are virtually identical to banned firearms,
and did not violate due process protections despite leaving unclear which
guns were banned. Attorney Chuck Michel, who represented NRA and others
challenging the law along with civil rights attorneys Steven Halbrook, Don
Kates, and others, asserted that yesterday's ruling "gives the attorney
general the authority to just keep creating an ever-expanding list of
firearms...that he deems to be illegal assault weapons." The Court did
find, however, that it was the state's responsibility to let gun owners
know which firearms are added to the list. Michel commented, "If there is
any silver lining in this decision, it is that the confusion about what is
and what is not an assault weapon is now thrown squarely into the attorney
general's lap." But Michel also said, "We're not giving up." He stated
that other lawsuits challenging the ban are being considered, and that an
appeal of Thursday's ruling may be filed with the U.S. Supreme Court.
POLL INDICATES NRA INFLUENCE EXCEEDS ITS MEMBERSHIP
A recent Zogby International poll showed that 10% of its respondents
indicated someone in their house was a member of NRA. While NRA's actual
membership is currently just under four million, responses to Zogby
indicate that more than 10 million Americans consider themselves or one of
their family members to be NRA members. The poll also affirmed that NRA
membership transcends racial, political, religious, and economic
demographics. Of course, this is no surprise to NRA, but we certainly hope
those lawmakers that have not yet committed themselves to supporting our
Right to Keep and Bear Arms will take notice. If they do not, those who
support NRA, whether they are members or not, will certainly make their
voices heard in the one poll that counts the most -- the one that will be
held this November 7, Election Day 2000!
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