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Thanks in large part to the efforts of U.S. Representative Bob Stump (R-Ariz.), the House Armed Services Committee Chair, Section 1062 of S. 1438, the "National Defense Authorization Act for FY 2002," was stripped from the House-Senate Conference Committee`s final report.  Sec. 1062-included at the last minute in the version of the Defense Authorization bill passed by the Senate, but not in the House`s version-sought to provide the Secretary of Defense with the authority to require "demilitarization" of any "significant military equipment" that has ever been owned by the Department of Defense (DoD).  This would include firearms (such as the venerable M1, M1 Carbine, and Model 1911, as well as all Civilian Marksmanship Program rifles, even "sporterized" surplus bolt-action Springfields!), firearm barrels, ammunition, and gun powder.  "Demilitarization" is the term for rendering such items permanently inoperable.  Sec. 1062 would have allowed for this action to be carried out either by the owner or a third party, with the owner paying the cost, or by the DoD.  However, if the DoD were to determine it should perform the demilitarization, Sec. 1062 would have also allowed it to determine whether the cost of returning the demilled item is prohibitive.  If decreed cost-prohibitive, DoD could then simply keep the item, and reimburse the owner only for the fair market scrap value of the item.

Representative Stump deserves the thanks of the entire pro-gun community, as do those NRA members and other activists who took the time to contact members of the House-Senate Conference Committee to urge them to strip Sec. 1062 from the "National Defense Authorization Act for FY 2002."


Exploiting the media frenzy over terrorism, U.S. Senators Charles Schumer (D-N.Y.) and Ted Kennedy (D-Mass.) have introduced S. 1788, legislation that seeks to eviscerate the federal law that prohibits creation of a national firearms registry.  Their legislation would make National Instant Check System (NICS) records-records on gun purchasers who have cleared the criminal record check-available to "any federal, state or local law enforcement agency in connection with a civil or criminal law enforcement investigation."  The anti-gun pair introduced a virtually identical bill, S. 1253, in July.

Kennedy and Schumer introduced their latest bill in response to last week`s decision by the Department of Justice (DOJ) that reaffirmed that the records generated by NICS that do not result in an individual being denied the ability to purchase a firearm cannot be used for anything other than what the Brady Act-which established NICS-allows.  Current federal law requires that all records of cleared purchases be destroyed, and although the anti-gun Clinton-Reno DOJ determined it could keep such records in an "audit log" for as long as six months, it also established regulations that specifically prohibit using these records for anything other than auditing NICS.  Attorney General John Ashcroft ruled earlier this year that the original intent of the Brady Act`s record destruction requirement demanded more immediate action than the Clinton-Reno six-month time frame, and he established regulations instructing that destruction of the records must take place no later than 24 hours after the purchase-a decision that resulted in bitter attacks in the media and by anti-gun-rights organizations.

Currently, records of felons, fugitives, illegal aliens, drug users-all persons whose possession or purchase of any firearms is a federal crime, and who are blocked by NICS if they attempt to buy firearms-are statutorily required to be kept indefinitely.  Those records are always available to law enforcement.  Anti-gun extremists have been attempting for weeks to invoke the specter of terrorists acquiring firearms as justification for their attempts to end traditional American gun shows (see NRA-ILA FAX Alerts Vol. 8, Nos. 39, 46, & 48), and now they are doing the same to promote their attempts to create the mechanism to establish a registry of law-abiding gun purchasers.

NRA Executive Vice President Wayne LaPierre called the Kennedy-Schumer legislation "gun owner registration, plain and simple."  He cautioned, "Clearly, this will be the basis of a national firearms-owner computer registry that would profile decent honest citizens, violate their privacy, and provide a locator to assist Kennedy`s and Schumer`s vision of ultimately banning private ownership of firearms.  Of more immediate danger are the 'civil` data sharing provisions in this legislation that will make National Instant Check records on decent law-abiding people available to trial lawyers."

EVP LaPierre went on to ask, "What if Chicago Mayor Daley or the Attorney General in Massachusetts demanded custody of the entire NICS audit log as part of a 'civil or criminal law enforcement investigation?`  You have to think about what a Janet Reno or any future anti-gun-rights Attorney General would do with this power."

Although the Schumer-Kennedy legislation contains provisions for the destruction of NICS audit log records after 90 days, destruction wouldn`t apply to records given to other federal, state or local agencies as part of an ongoing civil or criminal probe.  Once the personal information is out of the hands of the feds, it could become part of a permanent record elsewhere, perhaps with the reckless city suits designed to bankrupt the firearms industry.

The attacks on Ashcroft began immediately following his refusal to allow the release of the names of tens of thousands of Americans who had cleared extensive background checks for comparison with lists of the individuals, mostly illegal aliens, who were in custody as part of the government investigation of terrorism.  While Ashcroft was simply doing what the law required-protecting the rights of innocent persons-the gun-ban lobby formerly known as HCI actually suggested that the Attorney General turn his back on enforcing the law, and stated Ashcroft should have willfully violated federal law to allow the privacy of law-abiding citizens be invaded.

Even prior to the passage of the Brady Act, federal law specifically forbid "that any system of registration of firearms, firearms owners, or firearms transactions or dispositions be established," and when the Brady Act was enacted, further restrictions were written into the law to prevent federal agencies from retaining information on gun purchasers cleared after a federal/state background check.  In fact, other than a unique number referencing a lawful firearms transaction, the law demands that the system (NICS) "destroy all records of the system relating to the person or the (firearms) transfer."  But these facts are immaterial to anti-gun extremists, and they and their supporters in the media have launched a nationwide campaign attacking Ashcroft, both personally and professionally, for his efforts to remain within the confines of the law while working to fight terrorism.

NRA-ILA Executive Director James Jay Baker warns: "It is imperative that NRA members and firearms owners counter the media hype and explain to their friends and neighbors that this is not about denying law enforcement any records that bear on criminals or terrorists and guns.  This is about preserving the privacy rights of decent innocent people."  NRA members and the rest of the pro-gun community must contact their federal lawmakers to object to the passage of S. 1788, the Kennedy-Schumer legislation that would turn NICS into a de facto registration system for law-abiding gun purchasers.  You can reach your U.S. Representative at (202) 225-3121, and your U.S. Senators at (202) 224-3121.  You can also find additional contact information by using the "Write Your Reps" tool at


While there was little question regarding former Attorney General Janet Reno`s (D) anti-gun views, the Florida gubernatorial candidate appears to have recruited Hollywood`s most shrill anti-gun voice to assist with her campaign to unseat pro-gun Governor Jeb Bush ®.  The AP reports that Rosie O`Donnell has agreed to raise money for Reno by hosting an event on December 30.  A site for the event has yet to be determined, as Rosie`s mansion on Miami Beach`s Star Island will be in use at the time.  Rosie is well known among the pro-gun community for verbally ambushing actor Tom Selleck for being a supporter of NRA-a tirade that helped her to win E! Entertainment Television Networks` 1999 Tacky Taste Award as "the tackiest show-biz personality."


President Bush ® has asked the Republican National Committee (RNC) to select former Montana Governor Marc Racicot ® to be the new RNC Chairman.  Racicot, who received the NRA-PVF endorsement in 1996, and signed a number of pro-gun reforms into law during his administration, would replace Virginia Governor Jim Gilmore ®.  Gilmore announced his resignation on November 30.  NRA-ILA welcomes Governor Racicot to the post.
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