June 2000
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GUN CONTROL BILL PASSES SENATE 39 TO 20
CLICK HERE TO SEE MY BREAKDOWN OF THE NEW LAW

CALENDAR NO. 1712           SPONSOR,  PADAVAN (H) 
CLICK HERE TO SEE THE BILL PRINTED NUMBER  S8234 / (A11535)

     An act to amend the criminal procedure law,  the general business law and the penal law,  in relation to assault weapons and large capacity ammunition feeding devices, gun  locking devices, creating a ballistic identification databank, sales of firearms, rifles or shotguns at gun shows and establishing a minimum age to possess a firearm; to amend the executive law and the state finance law, in relation to establishing a gun trafficking interdiction program and a gun tracer program; to amend the penal law, in relation to requiring the report of a stolen  or lost weapon to a police agency; and to authorize a study relating to the availability and effectiveness of existing technology for use of smart guns.
                  Frank Padavan 
 R-C; 11th Senatorial District 
  Counties:        Part of Queens
  District:          89-39 Gettysburg Street,
                        Bellerose, NY  11426
                        718-343-0255
  Albany:           505 State Capitol Building
                         518-455-3381 
  This bill was written and agreed to in the back room.  It was only added to the calendar on Thursday afternoon and is a new bill that no one has ever seen.  The smart gun part is totally new.  The bill passed without any debate.  I was able to have the REAL AUDIO FEED for all but a few minutes and the only thing that I heard was the sponsor outlining what was in the bill in very general terms followed by several anti-gunners saying they would vote for the bill and it was a good step that they were happy to see happen but much more needs to be done.  We will have to wait  to find out what is really in the bill.  No court is going to help us with this one.
WE ARE LOOSING THE FIGHT.  IS IT US OR THEM?
     Are we being abandoned by those we elect or are they not supporting us because we have not supported them?  While I will have some harsh words for those elected officials who have failed to stand up for what is right, right now I am going to have some harsh words for gun owners who do not do anything to protect their rights.  You are reading this newsletter to find out what is going on so chances are you are not the problem.  It is all of those gun owners who do not vote, do not write letters or make phone calls or do anything else to support our cause that I am really mad at.  It is one thing for a politician to compromise to stay in office so that they can do some good but it is quite another for a gun owner to sit back and refuse to help fight the battle.  We lost this fight because we were so weak that we allowed Schumer and Spitzer to be elected.  We will have to wait and see how and even if we can punish the politicians but how can we punish all of the gun owners who sit on their hands when we ask them to help?  How can we punish those who fail to go to the Friends of the NRA Dinner and will not send a few bucks to support their own rights?  We are going to have to start "Kicking some ASS" but the first one I want to kick belongs to fellow gun owners.  The snowball has started rolling down the hill and those of us who are active were not enough to stop this new law.  If we are the only ones fighting the next battle we will loose even more.  The snowball is bigger now and it is moving faster and gaining speed.  We need a lot more people now and not just to push against the snowball to slow or stop it but we need some people to pour some gas on it and light it.  We are going to have to generate some heat to melt the snowball down some if we ever want to stop it, much less roll it back up the hill.  Before we can demand that the politicians support we must demand that gun owners support us.
Famous last words:
"They will never pass those laws."  (Right)
"What about the 2nd Amendment?"  (Do you want to be the one arrested and sent to jail, convicted and spend $200,000 or more on you case to send it to the Supreme Court and hope that they will review it and rule in your favor.  I hope you don't expect other gun owners to support you by giving money or spending time writing letters or making phone calls,)
"I will hide my guns!"  (What good does having thousands of dollars of guns planted in your back yard?  You think the police are too stupid to look for them or ask a neighbor.  "Oh yea, I saw Joe digging some big holes in his back yard just after that gun ban bill passed.)
"I will sell my guns to criminals."  (I hope they don't shoot you or someone else in your family with the gun you sold them.   More gun crimes will slow down new gun control laws and I hope that gang member you sell that gun to does not turn out to be a cop.)
WHAT DOES IT ALL MEAN??
I am going to try to figure it out over the next few days, weeks.  As with all laws written for spin rather that doing something, sometimes it is really hard to figure out what the law does mean.  This will not be easy reading.

CLICK HERE TO SEE MY BREAKDOWN OF THE NEW LAW


 
THE FOLLOWING WAS POSTED BEFORE THE GUN CONTROL BILL PASSED
UPDATE!!!!!!
According to several e-mails that have been sent to me, Pataki's gun plan will get voted on this Thursday, the 22th.  Call and tell them you do not want gun control.  It does not look good at this time.

Pataki's pushing his gun control plan again.

     It might be too late by the time you read this but call anyway.  Pataki will be trying to pass his gun ban bills by the 14th of June.  If you are ever going to do anything to it now!  Call:

You do not have to stay on the phone long, just long enough to say NO!!! to S7033.
(Traitor and Soon to be X) Governor Pataki, 518-474-8390
Joseph L. Bruno R-C, Local 518-583-1001, Albany 518-455-3191
Thomas P. Morahan R, local 914-425-1818 , Albany 518-455-3261
William J. Larkin, Jr. R-C, Local 914-567-1270, Albany 518-455-2770
John J. Bonacic R; Local 914-255-9656, Albany 518-455-3181

If you have time left call the following and ask them what the Republicans are thinking about.
State Republican Chairman Bill Powers 518-462-2601
John S. Hicks, the Orange County Republican Chairman 469-5200
The following is in the bill.  It would appear that even bolt action rifles could be included.

21. "ASSAULT WEAPON" MEANS (A) A SEMIAUTOMATIC RIFLE OR A RIFLE HAVING
    4  ONE OR MORE BARRELS LESS THAN SIXTEEN INCHES IN LENGTH THAT HAS AN ABIL-
    5  ITY  TO ACCEPT A DETACHABLE MAGAZINE AND HAS AT LEAST TWO OF THE FOLLOW-
    6  ING CHARACTERISTICS: (I) A FOLDING OR TELESCOPING STOCK; (II)  A  PISTOL
    7  GRIP  THAT  PROTRUDES  CONSPICUOUSLY  BENEATH  THE ACTION OF THE WEAPON;
    8  (III) A BAYONET MOUNT;  (IV)  A  FLASH  SUPPRESSOR  OR  THREADED  BARREL
    9  DESIGNED TO ACCOMMODATE A FLASH SUPPRESSOR; (V) A GRENADE LAUNCHER; OR 
   10    (B)  A  SEMIAUTOMATIC  SHOTGUN OR A SHOTGUN HAVING ONE OR MORE BARRELS
   11  LESS THAN EIGHTEEN INCHES IN LENGTH THAT HAS AT LEAST TWO OF THE FOLLOW-
   12  ING CHARACTERISTICS: (I) A FOLDING OR TELESCOPING STOCK; (II)  A  PISTOL
   13  GRIP  THAT  PROTRUDES  CONSPICUOUSLY  BENEATH  THE ACTION OF THE WEAPON;
   14  (III) A FIXED MAGAZINE CAPACITY IN EXCESS OF FIVE ROUNDS; (IV) AN ABILI-
   15  TY TO ACCEPT A DETACHABLE MAGAZINE; OR 
   16    (C) A SEMIAUTOMATIC PISTOL THAT HAS AN ABILITY TO ACCEPT A  DETACHABLE
   17  MAGAZINE  AND  HAS AT LEAST TWO OF THE FOLLOWING CHARACTERISTICS: (I) AN
   18  AMMUNITION MAGAZINE THAT ATTACHES TO THE PISTOL OUTSIDE  OF  THE  PISTOL
   19  GRIP;  (II)  A  THREADED  BARREL CAPABLE OF ACCEPTING A BARREL EXTENDER,
   20  FLASH SUPPRESSOR, FORWARD HANDGRIP, OR SILENCER; (III) A SHROUD THAT  IS
   21  ATTACHED  TO,  OR PARTIALLY OR COMPLETELY ENCIRCLES, THE BARREL AND THAT
   22  PERMITS THE SHOOTER TO HOLD THE FIREARM WITH THE NONTRIGGER HAND WITHOUT
   23  BEING BURNED; (IV) A MANUFACTURED WEIGHT OF FIFTY OUNCES  OR  MORE  WHEN
   24  THE  PISTOL  IS  UNLOADED;  (V)  A SEMIAUTOMATIC VERSION OF AN AUTOMATIC
   25  FIREARM; OR 

CLICK HERE TO SEE MORE INFORMATION POSTED IN THE MARCH NEWSLETTER

MY ADDITIONAL COMMENT
Please note that NY PL 265.01(1) already bans, (using  PL265.00, Definitions,) all rifles with barrels less than 16 inches and all shotguns with barrels less than 18 inches.

 
 
QUOTE OF FACTS FROM A NEAL KNOX REPORT
    But Professor John Lott Jr., senior research scholar at the Yale University Law School and author of "More Guns, Less Crime," has exposed the blatant lies in the statistics bandied about by the President and the press, such as the lie that 12 children a day die from guns.

     Most of the "children" in the statistics on kids killed by gunfire are 17-, 18- and 19-year-olds killed in gang or drug wars in high-crime urban areas. It is unrealistic to think that trigger locks or waiting periods would have any effect in
stopping those homicides.

     The Centers for Disease Control could identify only 21 children under age 15 dying from accidental handgun deaths in 1996. But 40 children under the age of five drown in water buckets every year and another 80 drown in bathtubs.

     Are we going to demand that water buckets and bathtubs be locked up and fitted with safety catches? The risk of a child drowning in a swimming pool is 100 times greater than the risk of dying from a firearm-related accident.

ORANGE COUNTY

NEW YORK STATE
(I am not going to cover the outcry against the NRA about opening up an NRA Restaurant.  The anti-gunners are more upset about that than the guys who killed the 5 Wendy workers.)
NATIONAL


  • Rosie O'Donnell supports gun owners!
  • Florida Law related to storage laws related to teachers shooting.
  • Schumer: New York needs Clinton to fight for gun licensing law
  • Treasury Department to recall 25 million coins. (JOKE)
  • U.S. v Emerson, first appeal hearing
  • Gun Deaths
  • LINKS ONLY


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    Pistol Permit Department
    Lil McDonald is now in charge of the Pistol Permit Department and she said that all of the paperwork is caught up. Everything is on the Judges desk.

    Election line up.
         Assembly Member Nancy Calhoun is facing opposition in November elections.  New York City firefighter James Sollami has won the Democratic nomination.  Sollami, a captain and 21-year veteran of the NYCFD is from the Town of Cornwall.
         Family Court Judge Carol Kline took the oath of office on 5/25/00. She will serve for the rest of the year and she is running for the seat in this November's election. Woodbury town justice and Village of Tuxedo Park justice, David L. Levinson will be running against Judge Kline in the November elections. This will not be an easy election and it is unclear who the best person is at this point. The Judge elected in November will issue pistol license for the next 10 years in Town of Highlands, City of Port Jervis, Towns of Deerpark, Greenville, Goshen, Minisink. (Gov. Mario Pataki's Press Release.)
         Sue Kelly will face a challenge from Larry Otis Graham in the November election.  Most people have seen Graham on CNN in his role as a commentator on education and social issues.  He has written many books and teaches American Government at the Dutchess Community College and is also a lawyer.  He has raised over $300,000 for the race.  Being a liberal, black lawyer working on the Clinton News Network should help him get all of the free press that he wants and should keep his campaign bank accounts full.  I shook his hand at the Million Mom March but did not give any speeches.
         Dr. James Darrigo will challenge Sen. William J. Larkin, Jr.
         Ben Gilman will be challenged again by Paul Finner

    Wallkill Pin and Plate Shoot
        Wallkill Rod and Gun Club had a great Pin and Plate Shoot this last weekend.  I went Sunday and while it was raining it did not really slow us down because all of the Plate positions were covered.  I did my normal finish, good but behind those guys who are really good shooters.  If you have a chance plan to go next year.

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    CIVIL RIGHTS RALLY SET FOR ALBANY, NEW DATE
     SECOND AMENDMENT CIVIL RIGHTS RALLIES
        The next in a continuing series of Second Amendment related civil rights rallies is scheduled for Saturday, July 29, 2000, at the Empire State Plaza in Albany: the site is on the out-of-doors Concourse level "in the shadow of" the Performing Arts Center ("the Egg"), to provide cover from a raging sun for speakers and spectators alike.
        If you need more information about the rally series, this rally, or other plans in the mix, email sacres@juno.com (or telephone Tom Chandler at 518-861-7058.


    Grassroots-Election seminar in Hempstead, NY, June 24th
    From:             "John L. Cushman" <jcushman@juno.com>
    There will be a Grassroots-Election seminar for all who wish to participate in this years elections.
    It will be held at the Best Western  Hotel and Conference Center at 80 Clinton Street in Hempstead, NY, Tel; 1-516-486-4100.  It is being sponsored by the NRA and will be held Saturday June 24th, 2000 at 8:00 AM to 12:00 noon.
    Anyone who wants may attend, PROVIDED YOU NOTIFY the NRA Grassroots division at 1-800-392-8683, attn: Susan Dugger and tell them you are coming.

    Westchester safe storage passes
         6/9/00 Some type of safe storage law passed in Westchester.  I do not know what the specifics are but I know that it requires trigger locks or locked up guns that are unloaded.  More info when I get it.

    NASSAU ALERT
         6/12/00,  Today's Newsday reports that "County Executive Thomas Gulotta and Nassau legislative leaders struck a tentative accord yesterday [to reduce the county budget deficit]. the plan would raise gun-permit fees from $25 to $200 for two years."
          If this information is correct [and I believe it is], not only are they raising the fee, but they are taking away the 5-year license we fought for and they are going to a 2-year license!  The net effect of this change would be a 1900 percent increase - that is not a typo - 1900 percent!  [$25 every 5 years comes to $5 per year, compared to the proposed $100 per year.]

    Assembly and Senate meetings are now LIVE on the web.
    CLICK HERE TO GO TO THE live audio of SENATE chamber session.
    CLICK HERE TO GO TO THE live audio of the ASSEMBLY chamber session.

    New York City Sues Gun Makers
    MAYOR GIULIANI AND SPEAKER VALLONE ANNOUNCE  CITY LAWSUIT AGAINST GUN INDUSTRY
    CLICK HERE TO LINK TO REP. BOB BARR'S LETTER TO RUDY
    CLICK HERE TO LINK TO NYC and HCI Sue gun makers, HCI press release
    CLICK HERE TO LINK TO AG SPITZER'S PRESS RELEASE

    June 25: New York Becomes First State to Sue Gun Companies
         In a major lawsuit filed today, Attorney General Eliot Spitzer charged that handgun manufacturers’ and wholesalers’ sales and distribution practices violate New York State laws.  the Attorney General’s case focuses on a statutory provision of New York law that explicitly defines unlawfully-possessed handguns as a public nuisance.
       The statute, New York Penal Law §400.05(1), states that any unlawfully possessed,  manufactured, transported or disposed handgun "is hereby declared a nuisance." For decades, police agencies in New York have used this statute to seize and destroy weapons used in crimes. This is the first  application of the statute on a large scale in a civil action brought by the state.
         "We are advancing reasonable and responsible steps to keep guns out of the hands of criminals and make firearms safer for legal gun owners and their families," Spitzer said. (It is for the gun owners folks.)
    CLICK HERE TO SEE THE AG'S FULL PRESS RELEASE
    E-MAIL SPITZER

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    Rosie O'Donnell supports gun owners!
    THEN                                                                                                          NOW
         (the) "only people in this nation who should be allowed to own guns are police officers."
         "I don't care if you want to hunt, I don't care if you think it's your right. I say 'Sorry.'
        "you are not allowed to own a gun, and if you do own a gun I think you should go to prison."
    2 faced Rosie O 2 faced Rosie O
      "I don't personally own a gun, but if you are qualified,  licensed and registered, I have no problem."
     CLICK HERE TO SEE THE STAMFORD ADVOCATE ARTICLE

         Ms. O'Donnell, notorious for her virulent anti-gun stance, insists that although she doesn't personally own a gun, "if you are qualified, licensed and registered, I have no problem." Moreover, according to today's Stamford Advocate, Ms. O'Donnell has expressed concern that "publicity about her son's attendance at a local school — coupled with the information that the guard would be unarmed — could make him [Parker] vulnerable to harm [emphasis added]." This is about as close as it gets to a concession that an unarmed private citizen finds himself at greater risk of harm from the various felons and crazies that populate our world.

    CLICK HERE TO SEE A GREAT COMMENT FROM THE NATIONAL REVIEW.
    References for Rosie v. Reality article now available on-line at:
    http://www.jpfo.org/alert20000607.htm

    Florida Law related to storage laws related to teachers shooting.
         Under Florida Statute 790.174 it is a misdemeanor of the second degree for a person to leave a LOADED firearm in a place where he knows (or reasonably could expect) a minor to gain access to it, if the minor does indeed gain access to it and display it in public or use it illegally.  If the firearm was unloaded, and the minor had to load it himself, the firearm owner committed no offense.  If the minor gained access to the firearm by ellegally entering the home or business, the firearm owner committed no offense.  If the firearm had a trigger lock on it, or was contained within a locked box or container, the firearm
    owner committed no offense.
         In this particular case, since the gun belonged to the child's grandfather, we can safely assume that the child was allowed in
    grandfather's house and thus no illegal entry occurred.  It also appears that grandfather did not utilize a trigger lock or locked gun case (the firearm is a cheap Raven .25 ACP).  So, the only defense that grandfather could have is if the firearm was not loaded and the kid had to load it himself.  Under Florida law, a firearm is "loaded" if it has one or more rounds in either a chamber or a magazine (with magazine inserted in the firearm).  A semi-auto pistol is NOT deemed "loaded" if the chamber is empty and the loaded magazine is not actually in the gun, even if a loaded magazine is stored right next to the gun.
         The maximum punishment for this offense is 60 days in the county jail and a fine of $500.
         (Information provided by Thom Flynn, flynn@magicnet.net )

    Schumer: New York needs Clinton to fight for gun licensing law

      NEW YORK (AP) Sen. Chuck Schumer announced a new gun licensing proposal on Friday and said New Yorkers should elect Hillary Rodham Clinton to join him in the Senate so that she can vote for it.
    ''New Yorkers deserve a senator in Washington who we can absolutely count on every single time there's a critical gun control vote,'' said Schumer, who joined fellow Democrat Clinton at a news conference at the Manhattan headquarters of the United Federation of Teachers.  ''No hesitation, no equivocation, no waiting till the last minute to announce a position, but true, iron-clad commitment to stand with the people of New
     York on gun control,'' Schumer said. ''New York needs Hillary Clinton because she will vote with us on gun control 100 percent of the time.''
      Schumer said that under his proposal, which he will formally introduce next  week, a person would have to pass a gun-safety course and obtain a gun  license in order to buy a firearm.
      ''This will be a three-year renewable photo license that can be easily renewed just like a driver's license or a passport at state agencies, so long as the individual has not committed a crime or done some other act that makes them ineligible to own a gun,'' he said.
      Clinton, who is running for U.S. Senate against Republican Rep. Rick Lazio, said the proposal ''is the right fight for New York, and it's the right fight for our children and families.''
      ''I'm happy to be here today to state my very strong support for Chuck's new  landmark gun-licensing legislation,'' she said.
      Lazio, a four-term congressman from Long Island, has backed a variety of gun control measures but has called licensing ''invasive.''


    Treasury Department to recall 25 million coins. (JOKE)
              Washington D.C. Sat. April 1, 2000

              The U.S. Treasury Department has announced today that it will re-call all 25 million commemorative quarters honoring the admission of Massachusetts into the union.

              Over a ten year period all quarters coined will have on the reverse side a symbol honoring a state's admission to the union. Five were minted in 1999 honoring the first five States. This year the first state to be honored is Massachusetts.

              The recall of the Massachusetts quarters is prompted by the outcry from many groups over the depiction of a man with a gun. The depiction represents the minutemen who fired the first shots of the revolutionary war and has been used by the State of Massachusetts as a state symbol. President Clinton has signed an executive order forcing the treasury department to recall these quarters and issue ones more appropriate to the history of Massachusetts.

              A committee of Massachusetts's legislators and U. S. Treasury officials approved the design. President Clinton through his spokesman Joe Lockhart stated that he was not properly informed by this committee and is outraged that the coin was released without his approval. Sarah Brady, the outgoing president of Handgun Control, Inc., said today, "This administration has committed an act of insensitivity unprecedented in recent history. How can the President at one time name the White House press briefing room in honor of my husband Jim Brady, who was horribly wounded by a gun, and then allow a coin to be issued containing the picture of a gun."

              Donna Dees-Thomases, organizer of the Million Mothers March against guns said, " This coin sends the wrong message to our children. It says to the children that guns are not always dangerous, evil objects that should only be possessed by the government. Also, I noticed that the rifle on the quarter does not have a trigger lock."

              Wayne LaPierre, spokesman for the Gun Lobby said, " This is the type of hysterical over-reaction we have come to expect from these ninnies."

              We have also learned that Sen. Charles Schumer (D. N.Y.) suffered personal humiliation and was injured as a result of the release of the Massachusetts commemorative quarter. Sen. Schumer was recently elevated to the Senate from the House of Representatives chiefly because of his unyielding stance for reasonable gun control legislation. Sen. Schumer was drinking in an upscale Georgetown watering hole with Sen. Ted Kennedy (D. Mass.). According to police reports, Senator Kennedy was idly flipping a quarter, which just happened to be the newest release. The quarter landed unnoticed in Senator Schumer’s glass. As Sen. Schumer lifted the glass to take a sip, he spied there in the bottom an image of a man with a gun. The Senator was so frightened by this he dropped the glass and dove under the table. Sen. Kennedy seeing this, and believing Sen. Schumer had a waitress down there, dove on top of him causing minor injuries.


    U.S. v Emerson, first appeal hearing

    I have two reports on the arguments on the case.  The first is from Tom Gresham and the second is from Linda Thomas.  You should read both reports because this is the most important gun rights case in years.
     Tom Gresham's report
    Date sent: Thu, 15 Jun 2000 08:46:23 EDT
    U.S. v Emerson

    This is an important case for Second Amendment supporters.  For a complete background on Emerson, see the Second Amendment Foundation website: http://www.saf.org/EmersonViewOptions.html.
    Neal Knox sent out an alert about this immediately after the arguments were heard, and while I agree with much of that report, Neal wasn't there.
    Also, because Neal has been in this fight for a long time (as has Linda Thomas, who gave him the report), I think they both might have glossed over something that many gun owners would find amazing. By the way, Neal's email reports are good information, and I suggest that you subscribe to them.  www.nealknox.com. He and I don’t always agree, but if you take his reports as a part of your research, I think you will find them useful.
    I sat next to Linda, which is interesting, in that our notes differ in a couple of places.  Such is reporting, I guess.  Nothing big, but a few details.
    Here are the “Cliff Notes” on the case.  Dr. Emerson was issued a boilerplate restraining order in the middle of a divorce.  There were 22 orders in the R.O., and three of them said, basically, that he had to stay away from his wife.  By federal law (since 1994), a person who is under a restraining order, even if there is no evidence of a threat of violence, may not own firearms.  Yes, that’s right.  You lose a civil, Constitutional right because a judge pushes a key on a computer and a standard R.O. comes out.
    The original decision by Judge Sam Cummings is a work of art, tracing the history of government restriction of arms ownership (swords, armor, firearms) back to England, before there was a United States of America.  You owe it to yourself to read this decision:
    http://www.saf.org/1999Emersoncase2amend.html
    Now, to the appeal in the Fifth Circuit in New Orleans, yesterday.  First, let me say that the lawyer (Crooks) representing Emerson was . . . how shall I say this . . . not the best I’ve seen.  However, the attorney from the Alabama Attorney General’s office (Cooper) was very good.  The A.G.’s office argued on Emerson’s side.
    The three-judge panel (Garwood, DeMoss, and Parker) asked tough questions, and showed that they weren’t buying the government’s (federal government) assertion that because a firearm once traveled across state lines, that this gun was “involved in interstate commerce.”  This is important, because if the firearm is not involved in interstate commerce, the federal government has no place in this, and it is a state matter.
    Note this exchange:
    DeMoss:  “I have a 16 gauge shotgun in my closet at home.  I have a 20-gauge shotgun. I also have a 30-caliber rifle at home.  Are you saying these are “in or affecting interstate commerce?
    Meteja (government lawyer):  “Yes”
    You’ll note the personal tone to Judge DeMoss’s question.  This personal tone carried throughout the one-hour session.
    Veterans of Second Amendment battles understand that the U.S. government takes the position that you do not have a right to own a gun.  Many people, however, say “Oh come on, you don’t really believe that, do you?”
    Well, here it is from the mouth of the lawyers representing the United States government, from my notes at the Emerson case.
    Judge Garwood:  “You are saying that the Second Amendment is consistent with a position that you can take guns away from the public?  You can restrict ownership of rifles, pistols and shotguns from all people?  Is that the position of the United States?”
    Meteja (for the government:  “Yes”
    Judge Garwood was having none of that.
    Garwood:  “Is it the position of the United States that persons who are not in the National Guard are afforded no protections under the Second Amendment?”
    Meteja:  Exactly.
    Meteja then said that even membership in the National Guard isn’t enough to protect the private ownership of a firearm.  It wouldn’t protect the guns owned at the home of someone in the National Guard.
    Garwood:  Membership in the National Guard isn’t enough?  What else is needed?
    Meteja:  The weapon in question must be used in the National Guard.
    In other words, no one, even if a member of the National Guard, has a right to own guns privately.  That is the position of the U.S.  government.
    The judges seemed to reject the federalism position of the government which says that once an item has moved across a state line, it is forever covered by federal laws because it is involved in interstate commerce.  This rejection seems to be in line with several narrow decisions from the Supreme Court in recent years.
    The judges also appeared incredulous that the government was saying that no one has a right to own guns, and that the Second Amendment guarantees only the right of the National Guard to own guns.
    It will be weeks or months before a decision is issued on this case, and nothing is assured, by any means.  However, if you need some hope, I leave you with this final statement to government lawyer, made by Judge DeMoss.
    “You shouldn’t let it bother your sleep that Judge Garwood (the senior judge) and I, between us, own enough guns to start a revolution in most South American countries.”
    Now, what can you do with this information?
    1. Write letters detailing the government’s position that NO ONE has a right to own a gun.  Most people in this country believe that they do, in fact, have the right to own a gun, and they need to know what the government is saying.
    2. Explain to your fellow gun owners how important this case is (see point number 1 above), and that it is vital that Al Gore not be elected president, where he can appoint Supreme Court justices.  If the Emerson case goes as I hope, it will be appealed to the Supreme Court.  We don’t want Gore appointees sitting there when this case arrives.

    And a personal note:  Thanks for your overwhelming support.  You are getting your letters published all over the country.  Keep ‘em coming.  Keep ‘em SHORT!  Stay on point.  Pick a single point to make, and stick to it.  Save everything else for other letters.
    Best,    Tom Gresham, host, Tom Gresham’s Gun Talk radio show

    ***************************************************************************************
    GUN OWNERS ALLIANCE
    !!ALERT!!
    Chris W. Stark - Director, P.O. Box 1924, Crosby, Texas 77532-1924
    Ph. 1-281-787-4111  Fax 1-281-328-7505
    http://www.GOA-Texas.org   email: Director@GOA-Texas.org
    13 June 2000
                             +++++++++++++++++
     Part of 1996 Lautenberg Amendment STRUCK - Emerson Case VICTORY!!
            ++++++++++++++++++++++++++++++++++++++++++++++++++++
    Copyright =A9 2000 by Gun Owners Alliance (GOA-Texas).
    Republication permitted ONLY if this e-mail alert
    is left intact in its original state.
                    +++++++++++++++++++++++++++++++++++++

    http://www.nealknox.com/alerts/msg00289.html
    5:30 p.m. June 13 Neal Knox Report—“The Court really beat up on the government” Linda Thomas of Houston ecstatically told me a few minutes ago.
    She was on a cell phone, standing on the steps of Fifth Circuit Court of Appeals in New Orleans.  A three-judge panel had just heard oral argument in the Emerson case, in which Lubbock, Texas, Federal Judge Sam Cummings struck down part of the 1996 Lautenberg Amendment prohibiting persons under a restraining order from possessing firearms.
    The government prosecutor said the Second Amendment only applied to arms issued to militia members, in Dr. Timothy Emerson’s case either the Texas National Guard or Texas State Guard.  Judge Harold R. DeMoss, Jr., a George Bush appointee, told him he was misreading the 1939 Miller case.
    The court held in Miller that there had been no evidence that Miller’s sawed-off shotgun was a militia-type arm.  Nothing was said abou= t the gun having to have been issued.
    Judge DeMoss asked the prosecutor if Dr. Emerson’s Beretta 92 9mm pistol isn’t the type used by armies.  Of course, it’s the standard U.S. sidearm.
    Judge DeMoss also raised a critical question that addresses the Tenth Amendment.  “I have a 12 gauge and 16 gauge shotgun, and a .30 caliber deer rifle in my closet at home.  Can you tell me how those affect interstate commerce.”
    All Federal gun laws are based on the power of the Congress to regulate interstate commerce.  The present Supreme Court has struck down several laws in a series of narrow decisions based on the Tenth Amendment’s stipulation that powers not specifically delegated to Congress “are reserved to the states and the people, respectively.”
    Judge Robert M. Parker, appointed by President Carter, and to the appellate court by President Clinton, told the government:  “I don’t want you to lose any sleep over this, but Judge Garwood (the senior judge) and I between us have enough guns to start a revolution in most South American countries.”
    Linda, a gun rights activist who has just finished law school and is preparing for the bar exam, said the folks on our side of the aisle “are all smiles.”
    Unlike most firearms-related court cases, there was no reluctance to discuss the Second Amendment, and, Linda said, the judges had done their homework.  “It was like sitting in on a Gun Rights Policy Conference legal seminar.”
    One thing about it, Timothy Emerson’s case is going to have a full and fair hearing.  And so will the Second Amendment.
    If the Fifth Circuit concurs with the trial judge that the Second Amendment protects gun ownership as an individual right— which now seems quite possible—there would be a conflict between the circuit courts, almost guaranteeing a Supreme Court hearing after the next election.
    That’s just one more reason to make certain that Al Gore isn’t in a position to appoint Supreme Court justices.


    Gun Deaths
    Highlights from:   http://www.federalist.com/current/00-24.pdf
    From the CDC: Regarding the accidental deaths of children from birth to age 14, the CDC lists: auto (2,608), drowning (1,010), pedestrian (675), bicycle (201), and gun accidents (142).

    Gun homicides in the same age group totaled 346.  As for Holder's claim of "12 young people, dying every day," he is including the 17-19-year-old gangsters and drug dealers - who target primarily each other - among the "young."

     For all ages, of a population of 270,000,000, there were 13,522 homicides involving the use of a gun.  Tragically, while blacks compose 12.8% of the population, they account for more than 50% of all homicides - mostly black males killed by black males.

     Interestingly, the CDC includes gun deaths by "legal intervention" or self-defense among the total cited above


      Times Herald-Record
    ALBANY, NY TIMES UNION
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