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FYI again I borrowed this from a email need to rea
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Member Posts: 28,559 ✭✭✭
[img]In this News Update
#1 -- H. R. 2159, Denying Firearms and Explosives to Dangerous Terrorists Act of 2009
#2 -- It Is Getting Very Serious Now
#3 -- ALERT For All Florida CCW License Holders
#4 -- H.R. 2324: Worse than S. 843?
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ITEM #1
From Thomas - The Library of Congress http://thomas.loc.gov/cgi-bin/thomas
H.R. 2159 - They are just over the top now! And I suppose they will use the DHS Report to decide who is a Terrorist? Call your Representative!
H.R.2159 -- Denying Firearms and Explosives to Dangerous Terrorists Act of 2009
Title: To increase public safety by permitting the Attorney General to deny the transfer of a firearm or the issuance of firearms or explosives licenses to a known or suspected dangerous terrorist.
Sponsor: Rep King, Peter T. [NY-3] (introduced 4/29/2009) Cosponsors (6)
Latest Major Action: 4/29/2009 Referred to House committee. Status: Referred to the House Committee on the Judiciary.
COSPONSORS(6), ALPHABETICAL:
Rep Castle, Michael N. [DE] - 4/29/2009
Rep Kirk, Mark Steven [IL-10] - 4/29/2009
Rep McCarthy, Carolyn [NY-4] - 4/29/2009
Rep Moran, James P. [VA-8] - 4/29/2009
Rep Rangel, Charles B. [NY-15] - 4/29/2009
Rep Smith, Christopher H. [NJ-4] - 4/29/2009
111th CONGRESS
1st Session
H. R. 2159
To increase public safety by permitting the Attorney General to deny the transfer of a firearm or the issuance of firearms or explosives licenses to a known or suspected dangerous terrorist.
IN THE HOUSE OF REPRESENTATIVES
April 29, 2009
Mr. KING of New York (for himself, Mr. RANGEL, Mr. CASTLE, Mrs. MCCARTHY of New York, Mr. KIRK, Mr. MORAN of Virginia, and Mr. SMITH of New Jersey) introduced the following bill; which was referred to the Committee on the Judiciary[/img]
A BILL
To increase public safety by permitting the Attorney General to deny the transfer of a firearm or the issuance of firearms or explosives licenses to a known or suspected dangerous terrorist.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Denying Firearms and Explosives to Dangerous Terrorists Act of 2009'.
SEC. 2. GRANTING THE ATTORNEY GENERAL THE AUTHORITY TO DENY THE SALE, DELIVERY, OR TRANSFER OF A FIREARM OR THE ISSUANCE OF A FIREARMS OR EXPLOSIVES LICENSE OR PERMIT TO DANGEROUS TERRORISTS.
(a) Standard for Exercising Attorney General Discretion Regarding Transferring Firearms or Issuing Firearms Permits to Dangerous Terrorists- Chapter 44 of title 18, United States Code, is amended--
(1) by inserting the following new section after section 922:
`Sec. 922A. Attorney General's discretion to deny transfer of a firearm
`The Attorney General may deny the transfer of a firearm pursuant to section 922(t)(1)(B)(ii) if the Attorney General determines that the transferee is known (or appropriately suspected) to be or have been engaged in conduct constituting, in preparation for, in aid of, or related to terrorism, or providing material support thereof, and the Attorney General has a reasonable belief that the prospective transferee may use a firearm in connection with terrorism.';
(2) by inserting the following new section after section 922A:
`Sec. 922B. Attorney General's discretion regarding applicants for firearm permits which would qualify for the exemption provided under section 922(t)(3)
`The Attorney General may determine that an applicant for a firearm permit which would qualify for an exemption under section 922(t) is known (or appropriately suspected) to be or have been engaged in conduct constituting, in preparation for, in aid of, or related to terrorism, or providing material support thereof, and the Attorney General has a reasonable belief that the applicant may use a firearm in connection with terrorism.'; and
(3) in section 921(a), by adding at the end the following:
`(36) The term `terrorism' means `international terrorism' as defined in section 2331(1), and `domestic terrorism' as defined in section 2331(5).
`(37) The term `material support' means `material support or resources' within the meaning of section 2339A or 2339B.
`(38) The term `responsible person' means an individual who has the power, directly or indirectly, to direct or cause the direction of the management and policies of the applicant or licensee pertaining to firearms.'.
(b) Effect of Attorney General Discretionary Denial Through the National Instant Criminal Background Check System (NICS) on Firearms Permits- Section 922(t) of such title is amended--
(1) in paragraph (1)(B)(ii), by inserting `or State law, or that the Attorney General has determined to deny the transfer of a firearm pursuant to section 922A' before the semicolon;
(2) in paragraph (2), by inserting after `or State law' the following: `or if the Attorney General has not determined to deny the transfer of a firearm pursuant to section 922A';
(3) in paragraph (3)(A)(i)--
(A) by striking `and' at the end of subclause (I); and
(B) by adding at the end the following:
`(III) was issued after a check of the system established pursuant to paragraph (1);';
(4) in paragraph (3)(A)--
(A) by adding `and' at the end of clause (ii); and
(B) by adding after and below the end the following:
`(iii) the State issuing the permit agrees to deny the permit application if such other person is the subject of a determination by the Attorney General pursuant to section 922B;';
(5) in paragraph (4), by inserting after `or State law,' the following: `or if the Attorney General has not determined to deny the transfer of a firearm pursuant to section 922A,'; and
(6) in paragraph (5), by inserting after `or State law,' the following: `or if the Attorney General has determined to deny the transfer of a firearm pursuant to section 922A,'.
(c) Unlawful Sale or Disposition of Firearm Based on Attorney General Discretionary Denial- Section 922(d) of such title is amended--
(1) by striking `or' at the end of paragraph (8);
(2) by striking the period at the end of paragraph (9) and inserting `; or';
(3) by inserting after paragraph (9) the following:
`(10) has been the subject of a determination by the Attorney General pursuant to section 922A, 922B, 923(d)(1)(H), or 923(e) of this title.'.
(d) Attorney General Discretionary Denial as Prohibitor- Section 922(g) of such title is amended--
(1) by striking `or' at the end of paragraph (8);
(2) by striking the comma at the end of paragraph (9) and inserting; `; or'; and
(3) by inserting after paragraph (9) the following:
`(10) who has received actual notice of the Attorney General's determination made pursuant to section 922A, 922B, 923(d)(1)(H), or 923(e) of this title.'.
(e) Attorney General Discretionary Denial of Federal Firearms Licenses- Section 923(d)(1) of such title is amended--
(1) by striking `Any' and inserting `Except as provided in subparagraph (H), any';
(2) in subparagraph (F)(iii), by striking `and' at the end;
(3) in subparagraph (G), by striking the period and inserting `; and'; and
(4) by adding at the end the following:
`(H) The Attorney General may deny a license application if the Attorney General determines that the applicant (including any responsible person) is known (or appropriately suspected) to be or have been engaged in conduct constituting, in preparation for, in aid of, or related to terrorism, or providing material support thereof, and the Attorney General has a reasonable belief that the applicant may use a firearm in connection with terrorism.'.
(f) Discretionary Revocation of Federal Firearms Licenses- Section 923(e) of such title is amended--
(1) in the 1st sentence--
(A) by inserting after `revoke' the following: `--(1)'; and
(B) by striking the period and inserting a semicolon;
(2) in the 2nd sentence--
(A) by striking `The Attorney General may, after notice and opportunity for hearing, revoke' and insert `(2)'; and
(B) by striking the period and inserting `; or'; and
(3) by adding at the end the following:
`(3) any license issued under this section if the Attorney General determines that the holder of the license (including any responsible person) is known (or appropriately suspected) to be or have been engaged in conduct constituting, in preparation for, in aid of, or related to terrorism, or providing material support thereof, and the Attorney General has a reasonable belief that the applicant may use a firearm in connection with terrorism.'.
(g) Attorney General's Ability To Withhold Information in Firearms License Denial and Revocation Suit- Section 923(f) of such title is amended--
(1) in the 1st sentence of paragraph (1), by inserting `, except that if the denial or revocation is pursuant to subsection (d)(1)(H) or (e)(3), then any information on which the Attorney General relied for this determination may be withheld from the petitioner if the Attorney General determines that disclosure of the information would likely compromise national security' before the period; and
(2) in paragraph (3), by inserting after the 3rd sentence the following: `With respect to any information withheld from the aggrieved party under paragraph (1), the United States may submit, and the court may rely on, summaries or redacted versions of documents containing information the disclosure of which the Attorney General has determined would likely compromise national security.'.
(h) Attorney General's Ability To Withhold Information in Relief From Disabilities Lawsuits- Section 925(c) of such title is amended by inserting after the 3rd sentence the following: `If receipt of a firearms by the person would violate section 922(g)(10), any information which the Attorney General relied on for this determination may be withheld from the applicant if the Attorney General determines that disclosure of the information would likely compromise national security. In responding to the petition, the United States may submit, and the court may rely on, summaries or redacted versions of documents containing information the disclosure of which the Attorney General has determined would likely compromise national security.'.
(i) Penalties- Section 924(k) of such title is amended--
(1) by striking `or' at the end of paragraph (2);
(2) in paragraph (3), by striking `, or' and inserting `; or'; and
(3) by inserting after paragraph (3) the following:
`(4) constitutes an act of terrorism (as defined in section 921(a)(36)), or material support thereof (as defined in section 921(a)(37)), or'.
(j) Remedy for Erroneous Denial of Firearm or Firearm Permit Exemption- Section 925A of such title is amended--
(1) in the section heading, by striking `Remedy for erroneous denial of firearm' and inserting `Remedies';
(2) by striking `Any person denied a firearm pursuant to subsection (s) or (t) of section 922' and inserting the following:
`(a) Except as provided in subsection (b), any person denied a firearm pursuant to section 922(t) or pursuant to a determination made under section 922B,'; and
(3) by adding after and below the end the following:
`(b) In any case in which the Attorney General has denied the transfer of a firearm to a prospective transferee pursuant to section 922A or has made a determination regarding a firearm permit applicant pursuant to section 922B, an action challenging the determination may be brought against the United States. The petition must be filed not later than 60 days after the petitioner has received actual notice of the Attorney General's determination made pursuant to section 922A or 922B. The court shall sustain the Attorney General's determination on a showing by the United States by a preponderance of evidence that the Attorney General's determination satisfied the requirements of section 922A or 922B. To make this showing, the United States may submit, and the court may rely on, summaries or redacted versions of documents containing information the disclosure of which the Attorney General has determined would likely compromise national security. On request of the petitioner or the court's own motion, the court may review the full, undisclosed documents ex parte and in camera. The court shall determine whether the summaries or redacted versions, as the case may be, are fair and accurate representations of the underlying documents. The court shall not consider the full, undisclosed documents in deciding whether the Attorney General's determination satisfies the requirements of section 922A or 922B.'.
(k) Provision of Grounds Underlying Ineligibility Determination by the National Instant Criminal Background Check System- Section 103 of the Brady Handgun Violence Prevention Act (Public Law 103-159) is amended--
(1) in subsection (f)--
(A) by inserting after `is ineligible to receive a firearm,' the following: `or the Attorney General has made a determination regarding an applicant for a firearm permit pursuant to section 922B of title 18, United States Code'; and
(B) by inserting after `the system shall provide such reasons to the individual,' the following: `except for any information the disclosure of which the Attorney General has determined would likely compromise national security'; and
(2) in subsection (g)--
(A) in the 1st sentence, by inserting after `subsection (g) or (n) of section 922 of title 18, United States Code or State law' the following: `or if the Attorney General has made a determination pursuant to section 922A or 922B of such title,';
(B) by inserting `, except any information the disclosure of which the Attorney General has determined would likely compromise national security' before the period; and
(C) by adding at the end the following: `Any petition for review of information withheld by the Attorney General under this subsection shall be made in accordance with section 925A of title 18, United States Code.'.
(l) Unlawful Distribution of Explosives Based on Attorney General Discretionary Denial- Section 842(d) of such title is amended--
(1) by striking the period at the end of paragraph (9) and inserting `; or'; and
(2) by adding at the end the following:
`(10) has received actual notice of the Attorney General's determination made pursuant to section 843(b)(8) or (d)(2) of this title.'.
(m) Attorney General Discretionary Denial as Prohibitor- Section 842(i) of such title is amended--
(1) by adding `or' at the end of paragraph (7); and
(2) by inserting after paragraph (7) the following:
`(8) who has received actual notice of the Attorney General's determination made pursuant to section 843(b)(8) or (d)(2),'.
(n) Attorney General Discretionary Denial of Federal Explosives Licenses and Permits- Section 843(b) of such title is amended--
(1) by striking `Upon' and inserting the following: `Except as provided in paragraph (8), on'; and
(2) by inserting after paragraph (7) the following:
`(8) The Attorney General may deny the issuance of a permit or license to an applicant if the Attorney General determines that the applicant or a responsible person or employee possessor thereof is known (or appropriately suspected) to be or have been engaged in conduct constituting, in preparation of, in aid of, or related to terrorism, or providing material support thereof, and the Attorney General has a reasonable belief that the person may use explosives in connection with terrorism.'.
(o) Attorney General Discretionary Revocation of Federal Explosives Licenses and Permits- Section 843(d) of such title is amended--
(1) by inserting `(1)' in the first sentence after `if'; and
(2) by striking the period at the end of the first sentence and inserting the following: `; or (2) the Attorney General determines that the licensee or holder (or any responsible person or employee possessor thereof) is known (or appropriately suspected) to be or have been engaged in conduct constituting, in preparation for, in aid of, or related to terrorism, or providing material support thereof, and that the Attorney General has a reasonable belief that the person may use explosives in connection with terrorism.'.
(p) Attorney General's Ability To Withhold Information in Explosives License and Permit Denial and Revocation Suits- Section 843(e) of such title is amended--
(1) in the 1st sentence of paragraph (1), by inserting `except that if the denial or revocation is based on a determination under subsection (b)(8) or (d)(2), then any information which the Attorney General relied on for the determination may be withheld from the petitioner if the Attorney General determines that disclosure of the information would likely compromise national security' before the period; and
(2) in paragraph (2), by adding at the end the following: `In responding to any petition for review of a denial or revocation based on a determination under section 843(b)(8) or (d)(2), the United States may submit, and the court may rely on, summaries or redacted versions of documents containing information the disclosure of which the Attorney General has determined would likely compromise national security.'.
(q) Ability To Withhold Information in Communications to Employers- Section 843(h)(2) of such title is amended--
(1) in subparagraph (A), by inserting `or section 843(b)(1) (on grounds of terrorism) of this title,' after `section 842(i),'; and
(2) in subparagraph (B)--
(A) by inserting `or section 843(b)(8)' after `section 842(i)'; and
(B) in clause (ii), by inserting `, except that any information that the Attorney General relied on for a determination pursuant to section 843(b)(8) may be withheld if the Attorney General concludes that disclosure of the information would likely compromise national security' before the semicolon.
(r) Conforming Amendment to Immigration and Nationality Act- Section 101(a)(43)(E)(ii) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(43)(E)(ii)) is amended by striking ` or (5)' and inserting `(5), or (10)'.
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ITEM #2
Chuck pretty well sums up how I feel about H. R. 2159 as well.
It Is Getting Very Serious Now
By Chuck Baldwin
May 12, 2009
This column is archived at
http://www.chuckbaldwinlive.com/c2009/cbarchive_20090512.html
First, it was a Missouri Analysis and Information Center (MIAC) report; then it was a Department of Homeland Security (DHS) report; now it is a New York congressman's bill. Each of these items, taken on their own, is problematic enough; taken together they portend "a clear and present danger" to the liberties of the American people. It is getting very serious now.
As readers may recall, the MIAC report profiled certain people as being potential violence-prone "militia members": including people who supported Presidential candidates Ron Paul, Bob Barr, and myself. In addition, anyone who opposed one or more of the following were also included in the list: the New World Order, the U.N., gun control, the violation of Posse Comitatus, the Federal Reserve, the Income Tax, the Ammunition Accountability Act, a possible Constitutional Convention, the North American Union, the Universal Service Program, Radio Frequency Identification (RFID), abortion on demand, or illegal immigration.
The MIAC report prompted a firestorm of protest, and was eventually rescinded, with the man responsible for its distribution being dismissed from his position. The DHS report profiled many of the same people included in the MIAC report, and added returning Iraq and Afghanistan war veterans as potentially dangerous "extremists."
As I have said before, it is very likely that when all of the opinions and views of the above lists are counted, 75% or more of the American people would be included. Yet, these government reports would have law enforcement personnel to believe we are all dangerous extremists that need to be watched and guarded against. If this was not bad enough, a New York congressman has introduced a bill in the House of Representatives to deny Second Amendment rights to everyone listed above.
According to World Net Daily, May 9, 2009, "A new gun law being considered in Congress, if aligned with Department of Homeland Security memos labeling everyday Americans a potential 'threats,' could potentially deny firearms to pro-lifers, gun-rights advocates, tax protesters, animal rights activists, and a host of others--any already on the expansive DHS watch list for potential 'extremism.'
"Rep. Peter King, R-N.Y., has sponsored H.R. 2159, the Denying Firearms and Explosives to Dangerous Terrorists Act of 2009, which permits the attorney general to deny transfer of a firearm to any 'known or suspected dangerous terrorist.' The bill requires only that the potential firearm transferee is 'appropriately suspected' of preparing for a terrorist act and that the attorney general 'has a reasonable belief' that the gun might be used in connection with terrorism.
"Gun rights advocates, however, object to the bill's language, arguing that it enables the federal government to suspend a person's Second Amendment rights without any trial or legal proof and only upon suspicion of being 'dangerous.'"
WND quotes Gun Owners of America Executive Director Larry Pratt as saying, "By [DHS] standards, I'm one of [DHS Secretary] Janet Napolitano's terrorists. This bill would enable the attorney general to put all of the people who voted against Obama on no-gun lists, because according to the DHS, they're all potential terrorists. Actually, we could rename this bill the Janet Napolitano Frenzied Fantasy Implementation Act of 2009."
Pratt was also quoted as saying, "Unbeknownst to us, some bureaucrat in the bowels of democracy can put your name on a list, and your Second Amendment rights are toast." He went on to say, "This such an anti-American bill, this is something King George III would have done."
Now that DHS has established both a list and a lexicon for "extremists," it looks to Congress to confer upon it police-state-style powers through which these individuals may be disarmed and eventually done away with. Rep. Peter King is accommodating this goal with H.R. 2159.
Let me ask a reasonable question: how long does anyone think it would be, after being profiled by DHS and denied the lawful purchase of firearms, that those same people would be subjected to gun confiscation? And how long do you think it would be before DHS began profiling more and more groups of people, thus subjecting them to gun confiscation?
This was exactly the strategy employed by Adolf Hitler. The Jews were the first people denied their civil rights--especially the right to own and possess firearms. Of course, after disarming Jews, the rest of the German citizenry was likewise disarmed. And we all know where that led.
I'm not sure how many of the American people realize that it was the attempted confiscation of the colonialists' cache of arms in Concord, Massachusetts, that started America's War for Independence. Yes, my friends, it was attempted gun confiscation that triggered (pun intended) the "shot heard 'round the world." And now it would appear that, once again, a central government is on the verge of trying to deny the American people their right to keep and bear arms.
I am told that as of 2004, 50% of the adults in the United States own one or more firearms, totaling some 270 million privately owned firearms nationwide. I would venture to say that the vast majority of these gun owners would find themselves matching the DHS profile of a potential "extremist." I wonder how many gun owners realize the way they are now being targeted by their government, and just how serious--and how close--the threat of gun confiscation has become?
If one doubts the intention of the elitists in government today to deny the American people their right to keep and bear arms, consider what former Secretary of State Henry Kissinger is purported to have said just a couple of weeks ago. Kissinger attended a high-level meeting with Russian President Medvedev that also included former Secretaries of State James Baker and George Shultz; former Secretary of Defense William Perry; and former Senator Sam Nunn. Included in the discussions was Kissinger's assertion that the American people were now ready to accept a "New Global Order." He is also reported to have told Medvedev, "By September we'll have confiscated all privately owned guns so it really doesn't matter what we do, we'll still be in charge." (Even though the national news media has not reported this statement, the Internet is abuzz with Kissinger having said it. Whether Kissinger actually made that statement or not, he, and rest of his ilk, have repeatedly called for a New World Order, in which there will be no constitutional protection for the right to keep and bear arms.)
This leads to a very serious question: how many of America's gun owners would allow their government to deny them gun ownership? Further, how many would passively sit back and allow their guns to be confiscated?
As humbly and meekly as I know how to say it: as for me and my house, gun confiscation is the one act of tyranny that crosses the line; debate, discourse, discussion, and peaceful dissent cease and desist at that point.
I say again, it is getting very serious now.
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(c) Chuck Baldwin
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ITEM #3
From NRA-ILA http://www.nraila.org/Legislation/Read.aspx?ID=4854
***ALERT for All Florida CCW License Holders*** Monday, May 11, 2009
Legislators Raid CCW Trust Fund - Try to Intimidate Governor
DATE: May 11, 2009
TO: USF & NRA Member and Friends
FROM: Marion P. Hammer
USF Executive Director
NRA Past President
In a last minute sneak attack on gun owners, the Florida Legislature raided the concealed weapons and firearms licensing trust fund. This not only effects resident CCW license holders, but non-resident Florida license holders as well!
They took $6 million from the Division of Licensing Concealed Weapons and Firearm Trust Fund that is intended, by law, to be used solely for administering the concealed weapons and firearms licensing program. (Read background information below)
Please Call, Fax, or Email Governor Charlie Crist IMMEDIATELY, and ask him to veto the $6 Million trust fund sweep from the Department of Agriculture & Consumer Services Division of Licensing authorized under Section 59 of the Conference Report of SB-2600.
Please send your email today!!!!!
And/or please contact the Governor's office by phone or fax ASAP.
Phone number: (850) 488-4441 or (850) 488-7146
Fax number: (850) 487-0801
Send your email to the Governor at this address: Charlie.Crist@MyFlorida.com
BACKGROUND:
Right now, the concealed weapons and firearms licensing program is backlogged and overloaded, due in part, to the refusal of budget officials and the Legislature to allow the Division of Licensing to use its own trust fund money to hire more employees and expand/upgrade equipment.
Crates of unopened mail containing license and license renewal applications sit in storage. The backlog of mail sitting unopened, at times, has extended beyond 90 days while existing licenses are expiring because renewal applications haven't been opened and processed.
Currently (although the Division of Licensing has been working weekend shifts to clear the backlog), it is taking 13-14 weeks to process a "perfect" application once it has been opened. That is an unequivocal violation of the law that requires issuance or denial of a license by a specific time -- a violation of law that legislative leaders are condoning by their actions.
THE LAW REQUIRES THE DIVISION OF LICENSING TO ISSUE A LICENSE WITHIN 90 DAYS OF RECEIPT OF THE APPLICATION -- or deny the license "for cause", based upon the criteria set forth in the law. Theft of operating funds by the Legislature is not "just cause" for failure to issue licenses or renewals within 90 days.
While applications sit gathering dust, legislative leaders took $6 million of approximately $8 million held in the trust fund. That $6 million is supposed to be used to pay employees, buy upgraded equipment, upgrade or replace computers or software and to otherwise administer the concealed weapons and firearms licensing program.
BUT, feigning a desperate need for funds for education and health care, legislative leaders recklessly and ruthlessly confiscated trust fund money. Why? Because they were building a so-called "working capital" fund for the 2010-12 legislative term, reported now to be in the neighborhood of $1.8 BILLION DOLLARS. This so-called "working capital fund" is for the use of future legislative leaders.
They didn't take that money for education. They didn't take that money for health care. They didn't take that money to save jobs. They didn't take that money to avoid pay cuts, or budget cuts -- they took the money to help build their own fund.
While Senate leadership reportedly fought to stop the ruthless raids on trust funds, in the end, they simply caved and let the House of Representatives prevail.
The bad behavior doesn't end there.
Obviously fearing the Governor would use his line-item veto to stop trust fund raids, proviso language was inserted in the bill in a clear attempt to intimidate the Governor.
The proviso language, states that if any portion of the moneys swept from this and other trust funds does not become law (meaning it is vetoed), that portion of the money shall be deducted from the EDUCATION BUDGET. This is clearly designed to keep the Governor from vetoing trust fund sweeps, and prevent trust fund money from being taken back out the House leadership's so-called "working capital" fund.
Money in the concealed weapons trust fund came from gun owners. No money to administer and run the concealed weapons and firearms licensing program has ever come from general revenue, or any other state fund or revenue source. The taking of these gun owner user fees is an unauthorized tax on the exercise of the Second Amendment.
AGAIN, Please call, fax and email Governor Crist IMMEDIATELY, and ask him to veto the $6 Million raid on the Concealed Weapons & Firearms Trust Fund!
Send your email to the Governor at this address: Charlie.Crist@MyFlorida.com
Please send your email today!!!!!
You may also call the Executive Office of the Governor at: (850) 488-7146.
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ITEM #4
From NRA-ILA http://www.nraila.org/Issues/FactSheets/Read.aspx?ID=252
H.R. 2324: Worse than S. 843?
The Castle gun show bill (H.R. 2324) shares many unacceptable provisions with S. 843, but in key areas goes even further. Despite changes from the Lautenberg juvenile justice amendment of 1999 that it is based on, this bill fails to address gun owners` most significant concerns--and in several areas is even more restrictive than Lautengberg`s current bill, S. 843.
H.R. 2324 creates federal gun registration of many firearms sold at gun shows. Unlike the S. 843, H.R. 2324 requires that information on gun transactions between unlicensed persons that are assisted by a licensed dealer, be transmitted to the Attorney General within 10 days. Make, model and serial number of the firearm(s) sold is required, along with "such other information and be on such form, as the Attorney General shall require by regulation." This broad grant of power to the Attorney General will greatly facilitate the creation of a firearms registry by an anti-gun administration.
H.R. 2324 creates gun owner registration. "Special firearms event operators" would have to submit names of all "vendors" to the U.S. Justice Department both before and after the show--whether or not any of the vendors sold a gun. A private citizen who enters a gun show hoping to sell or trade a firearm, but who does not find a buyer and leaves with his own gun, would be on file with the Justice Department forever as a "special firearms event vendor." This gun owner registration provision is more restrictive than the Lautenberg amendment.
H.R. 2324 requires registration of gun shows. This bureaucratic requirement would allow an anti-gun administration to harass event organizers for paperwork violations. It would also allow government agents to harass gun owners who gather for purposes other than selling guns.
H.R. 2324 allows harassment of show organizers and vendors. The bill allows inspection, at a gun show, of a show promoter`s or dealer`s entire business records--including records of transactions that occurred at other shows or at a dealer`s licensed place of business. These inspections are time consuming for licensees and highly intrusive; conducting business at a gun show while simultaneously undergoing a compliance inspection would be impossible.
H.R. 2324 does not provide for true instant checks. The biggest controversy during the 1999 debate on gun show legislation was how long a "delay period" should be allowed for investigation of a questionable background check. Like S. 843, H.R. 2324 does not make allowances for the short duration gun show. Instead both bills provide the full 3 business day allowance for replies to instant check requests. This does not work for a 2-day weekend gun show.
H.R. 2324 gives no priority to gun show checks. Gun show checks should be expedited over others, simply due to the temporary nature of these events and the distances both sellers and buyers travel to attend them.
Most importantly, H.R. 2324 ignores the real problem--multiple government studies prove gun shows are not a source of "crime guns."
The Bureau of Justice Statistics (BJS) report "Firearms Use by Offenders" found that less than 1% of U.S. "crime guns" come from gun shows. This 2001 study was based on interviews with 18,000 prison inmates and is the largest such study ever conducted by the government.
The BJS study is consistent with previous federal studies. A 2000 BJS study, "Federal Firearms Offenders, 1992-98," found only 1.7% of federal prison inmates obtained their gun from a gun show. Similarly, a National Institute of Justice 1997 study, "Homicide in Eight U.S. Cities," reported less than 2% of criminal guns come from gun shows.
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THOUGHT FOR THE DAY
"Hold on, my friends, to the Constitution and to the Republic for which it stands. Miracles do not cluster and what has happened once in 6,000 years, may not happen again. Hold on to the Constitution, for if the American Constitution should fail, there will be anarchy throughout the world."
--U.S. Senator Daniel Webster (1782-1852)
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To find your Federal Representative and Senators and write, call or email them, use these links:
US House of Representatives:
https://writerep.house.gov/writerep/welcome.shtml
US Senate:
http://www.senate.gov/general/contact_information/senators_cfm.cfm
To find your State Representative and Senator and write, call or email them, use these links:
http://www.kslegislature.org/legsrv-legisportal/redistricting.do
To send letters to the White House:
The White House
1600 Pennsylvania Ave NW
Washington, DC 20500
The White House website:
http://www.whitehouse.gov/
A BILL
To increase public safety by permitting the Attorney General to deny the transfer of a firearm or the issuance of firearms or explosives licenses to a known or suspected dangerous terrorist.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Denying Firearms and Explosives to Dangerous Terrorists Act of 2009'.
SEC. 2. GRANTING THE ATTORNEY GENERAL THE AUTHORITY TO DENY THE SALE, DELIVERY, OR TRANSFER OF A FIREARM OR THE ISSUANCE OF A FIREARMS OR EXPLOSIVES LICENSE OR PERMIT TO DANGEROUS TERRORISTS.
(a) Standard for Exercising Attorney General Discretion Regarding Transferring Firearms or Issuing Firearms Permits to Dangerous Terrorists- Chapter 44 of title 18, United States Code, is amended--
(1) by inserting the following new section after section 922:
`Sec. 922A. Attorney General's discretion to deny transfer of a firearm
`The Attorney General may deny the transfer of a firearm pursuant to section 922(t)(1)(B)(ii) if the Attorney General determines that the transferee is known (or appropriately suspected) to be or have been engaged in conduct constituting, in preparation for, in aid of, or related to terrorism, or providing material support thereof, and the Attorney General has a reasonable belief that the prospective transferee may use a firearm in connection with terrorism.';
(2) by inserting the following new section after section 922A:
`Sec. 922B. Attorney General's discretion regarding applicants for firearm permits which would qualify for the exemption provided under section 922(t)(3)
`The Attorney General may determine that an applicant for a firearm permit which would qualify for an exemption under section 922(t) is known (or appropriately suspected) to be or have been engaged in conduct constituting, in preparation for, in aid of, or related to terrorism, or providing material support thereof, and the Attorney General has a reasonable belief that the applicant may use a firearm in connection with terrorism.'; and
(3) in section 921(a), by adding at the end the following:
`(36) The term `terrorism' means `international terrorism' as defined in section 2331(1), and `domestic terrorism' as defined in section 2331(5).
`(37) The term `material support' means `material support or resources' within the meaning of section 2339A or 2339B.
`(38) The term `responsible person' means an individual who has the power, directly or indirectly, to direct or cause the direction of the management and policies of the applicant or licensee pertaining to firearms.'.
(b) Effect of Attorney General Discretionary Denial Through the National Instant Criminal Background Check System (NICS) on Firearms Permits- Section 922(t) of such title is amended--
(1) in paragraph (1)(B)(ii), by inserting `or State law, or that the Attorney General has determined to deny the transfer of a firearm pursuant to section 922A' before the semicolon;
(2) in paragraph (2), by inserting after `or State law' the following: `or if the Attorney General has not determined to deny the transfer of a firearm pursuant to section 922A';
(3) in paragraph (3)(A)(i)--
(A) by striking `and' at the end of subclause (I); and
(B) by adding at the end the following:
`(III) was issued after a check of the system established pursuant to paragraph (1);';
(4) in paragraph (3)(A)--
(A) by adding `and' at the end of clause (ii); and
(B) by adding after and below the end the following:
`(iii) the State issuing the permit agrees to deny the permit application if such other person is the subject of a determination by the Attorney General pursuant to section 922B;';
(5) in paragraph (4), by inserting after `or State law,' the following: `or if the Attorney General has not determined to deny the transfer of a firearm pursuant to section 922A,'; and
(6) in paragraph (5), by inserting after `or State law,' the following: `or if the Attorney General has determined to deny the transfer of a firearm pursuant to section 922A,'.
(c) Unlawful Sale or Disposition of Firearm Based on Attorney General Discretionary Denial- Section 922(d) of such title is amended--
(1) by striking `or' at the end of paragraph (8);
(2) by striking the period at the end of paragraph (9) and inserting `; or';
(3) by inserting after paragraph (9) the following:
`(10) has been the subject of a determination by the Attorney General pursuant to section 922A, 922B, 923(d)(1)(H), or 923(e) of this title.'.
(d) Attorney General Discretionary Denial as Prohibitor- Section 922(g) of such title is amended--
(1) by striking `or' at the end of paragraph (8);
(2) by striking the comma at the end of paragraph (9) and inserting; `; or'; and
(3) by inserting after paragraph (9) the following:
`(10) who has received actual notice of the Attorney General's determination made pursuant to section 922A, 922B, 923(d)(1)(H), or 923(e) of this title.'.
(e) Attorney General Discretionary Denial of Federal Firearms Licenses- Section 923(d)(1) of such title is amended--
(1) by striking `Any' and inserting `Except as provided in subparagraph (H), any';
(2) in subparagraph (F)(iii), by striking `and' at the end;
(3) in subparagraph (G), by striking the period and inserting `; and'; and
(4) by adding at the end the following:
`(H) The Attorney General may deny a license application if the Attorney General determines that the applicant (including any responsible person) is known (or appropriately suspected) to be or have been engaged in conduct constituting, in preparation for, in aid of, or related to terrorism, or providing material support thereof, and the Attorney General has a reasonable belief that the applicant may use a firearm in connection with terrorism.'.
(f) Discretionary Revocation of Federal Firearms Licenses- Section 923(e) of such title is amended--
(1) in the 1st sentence--
(A) by inserting after `revoke' the following: `--(1)'; and
(B) by striking the period and inserting a semicolon;
(2) in the 2nd sentence--
(A) by striking `The Attorney General may, after notice and opportunity for hearing, revoke' and insert `(2)'; and
(B) by striking the period and inserting `; or'; and
(3) by adding at the end the following:
`(3) any license issued under this section if the Attorney General determines that the holder of the license (including any responsible person) is known (or appropriately suspected) to be or have been engaged in conduct constituting, in preparation for, in aid of, or related to terrorism, or providing material support thereof, and the Attorney General has a reasonable belief that the applicant may use a firearm in connection with terrorism.'.
(g) Attorney General's Ability To Withhold Information in Firearms License Denial and Revocation Suit- Section 923(f) of such title is amended--
(1) in the 1st sentence of paragraph (1), by inserting `, except that if the denial or revocation is pursuant to subsection (d)(1)(H) or (e)(3), then any information on which the Attorney General relied for this determination may be withheld from the petitioner if the Attorney General determines that disclosure of the information would likely compromise national security' before the period; and
(2) in paragraph (3), by inserting after the 3rd sentence the following: `With respect to any information withheld from the aggrieved party under paragraph (1), the United States may submit, and the court may rely on, summaries or redacted versions of documents containing information the disclosure of which the Attorney General has determined would likely compromise national security.'.
(h) Attorney General's Ability To Withhold Information in Relief From Disabilities Lawsuits- Section 925(c) of such title is amended by inserting after the 3rd sentence the following: `If receipt of a firearms by the person would violate section 922(g)(10), any information which the Attorney General relied on for this determination may be withheld from the applicant if the Attorney General determines that disclosure of the information would likely compromise national security. In responding to the petition, the United States may submit, and the court may rely on, summaries or redacted versions of documents containing information the disclosure of which the Attorney General has determined would likely compromise national security.'.
(i) Penalties- Section 924(k) of such title is amended--
(1) by striking `or' at the end of paragraph (2);
(2) in paragraph (3), by striking `, or' and inserting `; or'; and
(3) by inserting after paragraph (3) the following:
`(4) constitutes an act of terrorism (as defined in section 921(a)(36)), or material support thereof (as defined in section 921(a)(37)), or'.
(j) Remedy for Erroneous Denial of Firearm or Firearm Permit Exemption- Section 925A of such title is amended--
(1) in the section heading, by striking `Remedy for erroneous denial of firearm' and inserting `Remedies';
(2) by striking `Any person denied a firearm pursuant to subsection (s) or (t) of section 922' and inserting the following:
`(a) Except as provided in subsection (b), any person denied a firearm pursuant to section 922(t) or pursuant to a determination made under section 922B,'; and
(3) by adding after and below the end the following:
`(b) In any case in which the Attorney General has denied the transfer of a firearm to a prospective transferee pursuant to section 922A or has made a determination regarding a firearm permit applicant pursuant to section 922B, an action challenging the determination may be brought against the United States. The petition must be filed not later than 60 days after the petitioner has received actual notice of the Attorney General's determination made pursuant to section 922A or 922B. The court shall sustain the Attorney General's determination on a showing by the United States by a preponderance of evidence that the Attorney General's determination satisfied the requirements of section 922A or 922B. To make this showing, the United States may submit, and the court may rely on, summaries or redacted versions of documents containing information the disclosure of which the Attorney General has determined would likely compromise national security. On request of the petitioner or the court's own motion, the court may review the full, undisclosed documents ex parte and in camera. The court shall determine whether the summaries or redacted versions, as the case may be, are fair and accurate representations of the underlying documents. The court shall not consider the full, undisclosed documents in deciding whether the Attorney General's determination satisfies the requirements of section 922A or 922B.'.
(k) Provision of Grounds Underlying Ineligibility Determination by the National Instant Criminal Background Check System- Section 103 of the Brady Handgun Violence Prevention Act (Public Law 103-159) is amended--
(1) in subsection (f)--
(A) by inserting after `is ineligible to receive a firearm,' the following: `or the Attorney General has made a determination regarding an applicant for a firearm permit pursuant to section 922B of title 18, United States Code'; and
(B) by inserting after `the system shall provide such reasons to the individual,' the following: `except for any information the disclosure of which the Attorney General has determined would likely compromise national security'; and
(2) in subsection (g)--
(A) in the 1st sentence, by inserting after `subsection (g) or (n) of section 922 of title 18, United States Code or State law' the following: `or if the Attorney General has made a determination pursuant to section 922A or 922B of such title,';
(B) by inserting `, except any information the disclosure of which the Attorney General has determined would likely compromise national security' before the period; and
(C) by adding at the end the following: `Any petition for review of information withheld by the Attorney General under this subsection shall be made in accordance with section 925A of title 18, United States Code.'.
(l) Unlawful Distribution of Explosives Based on Attorney General Discretionary Denial- Section 842(d) of such title is amended--
(1) by striking the period at the end of paragraph (9) and inserting `; or'; and
(2) by adding at the end the following:
`(10) has received actual notice of the Attorney General's determination made pursuant to section 843(b)(8) or (d)(2) of this title.'.
(m) Attorney General Discretionary Denial as Prohibitor- Section 842(i) of such title is amended--
(1) by adding `or' at the end of paragraph (7); and
(2) by inserting after paragraph (7) the following:
`(8) who has received actual notice of the Attorney General's determination made pursuant to section 843(b)(8) or (d)(2),'.
(n) Attorney General Discretionary Denial of Federal Explosives Licenses and Permits- Section 843(b) of such title is amended--
(1) by striking `Upon' and inserting the following: `Except as provided in paragraph (8), on'; and
(2) by inserting after paragraph (7) the following:
`(8) The Attorney General may deny the issuance of a permit or license to an applicant if the Attorney General determines that the applicant or a responsible person or employee possessor thereof is known (or appropriately suspected) to be or have been engaged in conduct constituting, in preparation of, in aid of, or related to terrorism, or providing material support thereof, and the Attorney General has a reasonable belief that the person may use explosives in connection with terrorism.'.
(o) Attorney General Discretionary Revocation of Federal Explosives Licenses and Permits- Section 843(d) of such title is amended--
(1) by inserting `(1)' in the first sentence after `if'; and
(2) by striking the period at the end of the first sentence and inserting the following: `; or (2) the Attorney General determines that the licensee or holder (or any responsible person or employee possessor thereof) is known (or appropriately suspected) to be or have been engaged in conduct constituting, in preparation for, in aid of, or related to terrorism, or providing material support thereof, and that the Attorney General has a reasonable belief that the person may use explosives in connection with terrorism.'.
(p) Attorney General's Ability To Withhold Information in Explosives License and Permit Denial and Revocation Suits- Section 843(e) of such title is amended--
(1) in the 1st sentence of paragraph (1), by inserting `except that if the denial or revocation is based on a determination under subsection (b)(8) or (d)(2), then any information which the Attorney General relied on for the determination may be withheld from the petitioner if the Attorney General determines that disclosure of the information would likely compromise national security' before the period; and
(2) in paragraph (2), by adding at the end the following: `In responding to any petition for review of a denial or revocation based on a determination under section 843(b)(8) or (d)(2), the United States may submit, and the court may rely on, summaries or redacted versions of documents containing information the disclosure of which the Attorney General has determined would likely compromise national security.'.
(q) Ability To Withhold Information in Communications to Employers- Section 843(h)(2) of such title is amended--
(1) in subparagraph (A), by inserting `or section 843(b)(1) (on grounds of terrorism) of this title,' after `section 842(i),'; and
(2) in subparagraph (B)--
(A) by inserting `or section 843(b)(8)' after `section 842(i)'; and
(B) in clause (ii), by inserting `, except that any information that the Attorney General relied on for a determination pursuant to section 843(b)(8) may be withheld if the Attorney General concludes that disclosure of the information would likely compromise national security' before the semicolon.
(r) Conforming Amendment to Immigration and Nationality Act- Section 101(a)(43)(E)(ii) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(43)(E)(ii)) is amended by striking ` or (5)' and inserting `(5), or (10)'.
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ITEM #2
Chuck pretty well sums up how I feel about H. R. 2159 as well.
It Is Getting Very Serious Now
By Chuck Baldwin
May 12, 2009
This column is archived at
http://www.chuckbaldwinlive.com/c2009/cbarchive_20090512.html
First, it was a Missouri Analysis and Information Center (MIAC) report; then it was a Department of Homeland Security (DHS) report; now it is a New York congressman's bill. Each of these items, taken on their own, is problematic enough; taken together they portend "a clear and present danger" to the liberties of the American people. It is getting very serious now.
As readers may recall, the MIAC report profiled certain people as being potential violence-prone "militia members": including people who supported Presidential candidates Ron Paul, Bob Barr, and myself. In addition, anyone who opposed one or more of the following were also included in the list: the New World Order, the U.N., gun control, the violation of Posse Comitatus, the Federal Reserve, the Income Tax, the Ammunition Accountability Act, a possible Constitutional Convention, the North American Union, the Universal Service Program, Radio Frequency Identification (RFID), abortion on demand, or illegal immigration.
The MIAC report prompted a firestorm of protest, and was eventually rescinded, with the man responsible for its distribution being dismissed from his position. The DHS report profiled many of the same people included in the MIAC report, and added returning Iraq and Afghanistan war veterans as potentially dangerous "extremists."
As I have said before, it is very likely that when all of the opinions and views of the above lists are counted, 75% or more of the American people would be included. Yet, these government reports would have law enforcement personnel to believe we are all dangerous extremists that need to be watched and guarded against. If this was not bad enough, a New York congressman has introduced a bill in the House of Representatives to deny Second Amendment rights to everyone listed above.
According to World Net Daily, May 9, 2009, "A new gun law being considered in Congress, if aligned with Department of Homeland Security memos labeling everyday Americans a potential 'threats,' could potentially deny firearms to pro-lifers, gun-rights advocates, tax protesters, animal rights activists, and a host of others--any already on the expansive DHS watch list for potential 'extremism.'
"Rep. Peter King, R-N.Y., has sponsored H.R. 2159, the Denying Firearms and Explosives to Dangerous Terrorists Act of 2009, which permits the attorney general to deny transfer of a firearm to any 'known or suspected dangerous terrorist.' The bill requires only that the potential firearm transferee is 'appropriately suspected' of preparing for a terrorist act and that the attorney general 'has a reasonable belief' that the gun might be used in connection with terrorism.
"Gun rights advocates, however, object to the bill's language, arguing that it enables the federal government to suspend a person's Second Amendment rights without any trial or legal proof and only upon suspicion of being 'dangerous.'"
WND quotes Gun Owners of America Executive Director Larry Pratt as saying, "By [DHS] standards, I'm one of [DHS Secretary] Janet Napolitano's terrorists. This bill would enable the attorney general to put all of the people who voted against Obama on no-gun lists, because according to the DHS, they're all potential terrorists. Actually, we could rename this bill the Janet Napolitano Frenzied Fantasy Implementation Act of 2009."
Pratt was also quoted as saying, "Unbeknownst to us, some bureaucrat in the bowels of democracy can put your name on a list, and your Second Amendment rights are toast." He went on to say, "This such an anti-American bill, this is something King George III would have done."
Now that DHS has established both a list and a lexicon for "extremists," it looks to Congress to confer upon it police-state-style powers through which these individuals may be disarmed and eventually done away with. Rep. Peter King is accommodating this goal with H.R. 2159.
Let me ask a reasonable question: how long does anyone think it would be, after being profiled by DHS and denied the lawful purchase of firearms, that those same people would be subjected to gun confiscation? And how long do you think it would be before DHS began profiling more and more groups of people, thus subjecting them to gun confiscation?
This was exactly the strategy employed by Adolf Hitler. The Jews were the first people denied their civil rights--especially the right to own and possess firearms. Of course, after disarming Jews, the rest of the German citizenry was likewise disarmed. And we all know where that led.
I'm not sure how many of the American people realize that it was the attempted confiscation of the colonialists' cache of arms in Concord, Massachusetts, that started America's War for Independence. Yes, my friends, it was attempted gun confiscation that triggered (pun intended) the "shot heard 'round the world." And now it would appear that, once again, a central government is on the verge of trying to deny the American people their right to keep and bear arms.
I am told that as of 2004, 50% of the adults in the United States own one or more firearms, totaling some 270 million privately owned firearms nationwide. I would venture to say that the vast majority of these gun owners would find themselves matching the DHS profile of a potential "extremist." I wonder how many gun owners realize the way they are now being targeted by their government, and just how serious--and how close--the threat of gun confiscation has become?
If one doubts the intention of the elitists in government today to deny the American people their right to keep and bear arms, consider what former Secretary of State Henry Kissinger is purported to have said just a couple of weeks ago. Kissinger attended a high-level meeting with Russian President Medvedev that also included former Secretaries of State James Baker and George Shultz; former Secretary of Defense William Perry; and former Senator Sam Nunn. Included in the discussions was Kissinger's assertion that the American people were now ready to accept a "New Global Order." He is also reported to have told Medvedev, "By September we'll have confiscated all privately owned guns so it really doesn't matter what we do, we'll still be in charge." (Even though the national news media has not reported this statement, the Internet is abuzz with Kissinger having said it. Whether Kissinger actually made that statement or not, he, and rest of his ilk, have repeatedly called for a New World Order, in which there will be no constitutional protection for the right to keep and bear arms.)
This leads to a very serious question: how many of America's gun owners would allow their government to deny them gun ownership? Further, how many would passively sit back and allow their guns to be confiscated?
As humbly and meekly as I know how to say it: as for me and my house, gun confiscation is the one act of tyranny that crosses the line; debate, discourse, discussion, and peaceful dissent cease and desist at that point.
I say again, it is getting very serious now.
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(c) Chuck Baldwin
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ITEM #3
From NRA-ILA http://www.nraila.org/Legislation/Read.aspx?ID=4854
***ALERT for All Florida CCW License Holders*** Monday, May 11, 2009
Legislators Raid CCW Trust Fund - Try to Intimidate Governor
DATE: May 11, 2009
TO: USF & NRA Member and Friends
FROM: Marion P. Hammer
USF Executive Director
NRA Past President
In a last minute sneak attack on gun owners, the Florida Legislature raided the concealed weapons and firearms licensing trust fund. This not only effects resident CCW license holders, but non-resident Florida license holders as well!
They took $6 million from the Division of Licensing Concealed Weapons and Firearm Trust Fund that is intended, by law, to be used solely for administering the concealed weapons and firearms licensing program. (Read background information below)
Please Call, Fax, or Email Governor Charlie Crist IMMEDIATELY, and ask him to veto the $6 Million trust fund sweep from the Department of Agriculture & Consumer Services Division of Licensing authorized under Section 59 of the Conference Report of SB-2600.
Please send your email today!!!!!
And/or please contact the Governor's office by phone or fax ASAP.
Phone number: (850) 488-4441 or (850) 488-7146
Fax number: (850) 487-0801
Send your email to the Governor at this address: Charlie.Crist@MyFlorida.com
BACKGROUND:
Right now, the concealed weapons and firearms licensing program is backlogged and overloaded, due in part, to the refusal of budget officials and the Legislature to allow the Division of Licensing to use its own trust fund money to hire more employees and expand/upgrade equipment.
Crates of unopened mail containing license and license renewal applications sit in storage. The backlog of mail sitting unopened, at times, has extended beyond 90 days while existing licenses are expiring because renewal applications haven't been opened and processed.
Currently (although the Division of Licensing has been working weekend shifts to clear the backlog), it is taking 13-14 weeks to process a "perfect" application once it has been opened. That is an unequivocal violation of the law that requires issuance or denial of a license by a specific time -- a violation of law that legislative leaders are condoning by their actions.
THE LAW REQUIRES THE DIVISION OF LICENSING TO ISSUE A LICENSE WITHIN 90 DAYS OF RECEIPT OF THE APPLICATION -- or deny the license "for cause", based upon the criteria set forth in the law. Theft of operating funds by the Legislature is not "just cause" for failure to issue licenses or renewals within 90 days.
While applications sit gathering dust, legislative leaders took $6 million of approximately $8 million held in the trust fund. That $6 million is supposed to be used to pay employees, buy upgraded equipment, upgrade or replace computers or software and to otherwise administer the concealed weapons and firearms licensing program.
BUT, feigning a desperate need for funds for education and health care, legislative leaders recklessly and ruthlessly confiscated trust fund money. Why? Because they were building a so-called "working capital" fund for the 2010-12 legislative term, reported now to be in the neighborhood of $1.8 BILLION DOLLARS. This so-called "working capital fund" is for the use of future legislative leaders.
They didn't take that money for education. They didn't take that money for health care. They didn't take that money to save jobs. They didn't take that money to avoid pay cuts, or budget cuts -- they took the money to help build their own fund.
While Senate leadership reportedly fought to stop the ruthless raids on trust funds, in the end, they simply caved and let the House of Representatives prevail.
The bad behavior doesn't end there.
Obviously fearing the Governor would use his line-item veto to stop trust fund raids, proviso language was inserted in the bill in a clear attempt to intimidate the Governor.
The proviso language, states that if any portion of the moneys swept from this and other trust funds does not become law (meaning it is vetoed), that portion of the money shall be deducted from the EDUCATION BUDGET. This is clearly designed to keep the Governor from vetoing trust fund sweeps, and prevent trust fund money from being taken back out the House leadership's so-called "working capital" fund.
Money in the concealed weapons trust fund came from gun owners. No money to administer and run the concealed weapons and firearms licensing program has ever come from general revenue, or any other state fund or revenue source. The taking of these gun owner user fees is an unauthorized tax on the exercise of the Second Amendment.
AGAIN, Please call, fax and email Governor Crist IMMEDIATELY, and ask him to veto the $6 Million raid on the Concealed Weapons & Firearms Trust Fund!
Send your email to the Governor at this address: Charlie.Crist@MyFlorida.com
Please send your email today!!!!!
You may also call the Executive Office of the Governor at: (850) 488-7146.
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ITEM #4
From NRA-ILA http://www.nraila.org/Issues/FactSheets/Read.aspx?ID=252
H.R. 2324: Worse than S. 843?
The Castle gun show bill (H.R. 2324) shares many unacceptable provisions with S. 843, but in key areas goes even further. Despite changes from the Lautenberg juvenile justice amendment of 1999 that it is based on, this bill fails to address gun owners` most significant concerns--and in several areas is even more restrictive than Lautengberg`s current bill, S. 843.
H.R. 2324 creates federal gun registration of many firearms sold at gun shows. Unlike the S. 843, H.R. 2324 requires that information on gun transactions between unlicensed persons that are assisted by a licensed dealer, be transmitted to the Attorney General within 10 days. Make, model and serial number of the firearm(s) sold is required, along with "such other information and be on such form, as the Attorney General shall require by regulation." This broad grant of power to the Attorney General will greatly facilitate the creation of a firearms registry by an anti-gun administration.
H.R. 2324 creates gun owner registration. "Special firearms event operators" would have to submit names of all "vendors" to the U.S. Justice Department both before and after the show--whether or not any of the vendors sold a gun. A private citizen who enters a gun show hoping to sell or trade a firearm, but who does not find a buyer and leaves with his own gun, would be on file with the Justice Department forever as a "special firearms event vendor." This gun owner registration provision is more restrictive than the Lautenberg amendment.
H.R. 2324 requires registration of gun shows. This bureaucratic requirement would allow an anti-gun administration to harass event organizers for paperwork violations. It would also allow government agents to harass gun owners who gather for purposes other than selling guns.
H.R. 2324 allows harassment of show organizers and vendors. The bill allows inspection, at a gun show, of a show promoter`s or dealer`s entire business records--including records of transactions that occurred at other shows or at a dealer`s licensed place of business. These inspections are time consuming for licensees and highly intrusive; conducting business at a gun show while simultaneously undergoing a compliance inspection would be impossible.
H.R. 2324 does not provide for true instant checks. The biggest controversy during the 1999 debate on gun show legislation was how long a "delay period" should be allowed for investigation of a questionable background check. Like S. 843, H.R. 2324 does not make allowances for the short duration gun show. Instead both bills provide the full 3 business day allowance for replies to instant check requests. This does not work for a 2-day weekend gun show.
H.R. 2324 gives no priority to gun show checks. Gun show checks should be expedited over others, simply due to the temporary nature of these events and the distances both sellers and buyers travel to attend them.
Most importantly, H.R. 2324 ignores the real problem--multiple government studies prove gun shows are not a source of "crime guns."
The Bureau of Justice Statistics (BJS) report "Firearms Use by Offenders" found that less than 1% of U.S. "crime guns" come from gun shows. This 2001 study was based on interviews with 18,000 prison inmates and is the largest such study ever conducted by the government.
The BJS study is consistent with previous federal studies. A 2000 BJS study, "Federal Firearms Offenders, 1992-98," found only 1.7% of federal prison inmates obtained their gun from a gun show. Similarly, a National Institute of Justice 1997 study, "Homicide in Eight U.S. Cities," reported less than 2% of criminal guns come from gun shows.
*******************************************************************************************************************
THOUGHT FOR THE DAY
"Hold on, my friends, to the Constitution and to the Republic for which it stands. Miracles do not cluster and what has happened once in 6,000 years, may not happen again. Hold on to the Constitution, for if the American Constitution should fail, there will be anarchy throughout the world."
--U.S. Senator Daniel Webster (1782-1852)
********************************************************************************************************************
To find your Federal Representative and Senators and write, call or email them, use these links:
US House of Representatives:
https://writerep.house.gov/writerep/welcome.shtml
US Senate:
http://www.senate.gov/general/contact_information/senators_cfm.cfm
To find your State Representative and Senator and write, call or email them, use these links:
http://www.kslegislature.org/legsrv-legisportal/redistricting.do
To send letters to the White House:
The White House
1600 Pennsylvania Ave NW
Washington, DC 20500
The White House website:
http://www.whitehouse.gov/
Comments
Doug
Brad Steele
http://forums.gunbroker.com/topic.asp?TOPIC_ID=374365
Could someone pluck my eyes out, please?
If a lawyer can't read it, there's no need for me to try. [:D]
quote:Originally posted by mateomasfeo
Could someone pluck my eyes out, please?
If a lawyer can't read it, there's no need for me to try. [:D]
No, I can read it fine, I just wanted someone to pluck my eyes out...
Attorney General to deny the transfer of a firearm or the issuance of firearms or explosives licenses to a known or suspected dangerous terrorist.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Denying Firearms and Explosives to Dangerous Terrorists Act of 2009 .
SEC. 2. GRANTING THE ATTORNEY GENERAL THE AUTHORITY TO DENY THE SALE, DELIVERY, OR TRANSFER OF A FIREARM OR THE ISSUANCE OF A FIREARMS OR EXPLOSIVES LICENSE OR PERMIT TO DANGEROUS TERRORISTS.
a Standard for Exercising Attorney General Discretion Regarding Transferring Firearms or Issuing Firearms Permits to Dangerous Terrorists- Chapter 44 of title 18, United States Code, is amended--
1 by inserting the following new section after section 922:
`Sec. 922A. Attorney General s discretion to deny transfer of a firearm
`The Attorney General may deny the transfer of a firearm pursuant to section 922 t 1 B ii if the Attorney General determines that the transferee is known or appropriately suspected to be or have been engaged in conduct constituting, in preparation for, in aid of, or related to terrorism, or providing material support thereof, and the Attorney General has a reasonable belief that the prospective transferee may use a firearm in connection with terrorism.
2 by inserting the following new section after section 922A:
`Sec. 922B. Attorney General s discretion regarding applicants for firearm permits which would qualify for the exemption provided under section 922 t 3
`The Attorney General may determine that an applicant for a firearm permit which would qualify for an exemption under section 922 t is known or appropriately suspected to be or have been engaged in conduct constituting, in preparation for, in aid of, or related to terrorism, or providing material support thereof, and the Attorney General has a reasonable belief that the applicant may use a firearm in connection with terrorism. and
3 in section 921 a , by adding at the end the following:
` 36 The term `terrorism means `international terrorism as defined in section 2331 1 , and `domestic terrorism as defined in section 2331 5 .
` 37 The term `material support means `material support or resources within the meaning of section 2339A or 2339B.
` 38 The term `responsible person means an individual who has the power, directly or indirectly, to direct or cause the direction of the management and policies of the applicant or licensee pertaining to firearms. .
b Effect of Attorney General Discretionary Denial Through the National Instant Criminal Background Check System NICS on Firearms Permits- Section 922 t of such title is amended--
1 in paragraph 1 B ii , by inserting `or State law, or that the Attorney General has determined to deny the transfer of a firearm pursuant to section 922A before the semicolon br
2 in paragraph 2 , by inserting after `or State law the following: `or if the Attorney General has not determined to deny the transfer of a firearm pursuant to section 922A
3 in paragraph 3 A i --
A by striking `and at the end of subclause I and br
B by adding at the end the following:
` III was issued after a check of the system established pursuant to paragraph 1 br / br / 4 in paragraph 3 A --
A by adding `and at the end of clause ii and
B by adding after and below the end the following: br / br / ` iii the State issuing the permit agrees to deny the permit application if such other person is the subject of a determination by the Attorney General pursuant to section 922B
5 in paragraph 4 , by inserting after `or State law, the following: `or if the Attorney General has not determined to deny the transfer of a firearm pursuant to section 922A, and
6 in paragraph 5 , by inserting after `or State law, the following: `or if the Attorney General has determined to deny the transfer of a firearm pursuant to section 922A, .
c Unlawful Sale or Disposition of Firearm Based on Attorney General Discretionary Denial- Section 922 d of such title is amended--
1 by striking `or at the end of paragraph 8 br
2 by striking the period at the end of paragraph 9 and inserting ` or br
3 by inserting after paragraph 9 the following:
` 10 has been the subject of a determination by the Attorney General pursuant to section 922A, 922B, 923 d 1 H , or 923 e of this title. .
d Attorney General Discretionary Denial as Prohibitor- Section 922 g of such title is amended-- br / br / 1 by striking `or at the end of paragraph 8
2 by striking the comma at the end of paragraph 9 and inserting ` or and
3 by inserting after paragraph 9 the following: br / br / ` 10 who has received actual notice of the Attorney General s determination made pursuant to section 922A, 922B, 923 d 1 H , or 923 e of this title. .
e Attorney General Discretionary Denial of Federal Firearms Licenses- Section 923 d 1 of such title is amended--
1 by striking `Any and inserting `Except as provided in subparagraph H , any
2 in subparagraph F iii , by striking `and at the end
3 in subparagraph G , by striking the period and inserting ` and and br / br / 4 by adding at the end the following:
` H The Attorney General may deny a license application if the Attorney General determines that the applicant including any responsible person is known or appropriately suspected to be or have been engaged in conduct constituting, in preparation for, in aid of, or related to terrorism, or providing material support thereof, and the Attorney General has a reasonable belief that the applicant may use a firearm in connection with terrorism. .
f Discretionary Revocation of Federal Firearms Licenses- Section 923 e of such title is amended--
1 in the 1st sentence--
A by inserting after `revoke the following: `-- 1 and
B by striking the period and inserting a semicolon
2 in the 2nd sentence--
A by striking `The Attorney General may, after notice and opportunity for hearing, revoke and insert ` 2 and
B by striking the period and inserting ` or and
3 by adding at the end the following:
` 3 any license issued under this section if the Attorney General determines that the holder of the license including any responsible person is known or appropriately suspected to be or have been engaged in conduct constituting, in preparation for, in aid of, or related to terrorism, or providing material support thereof, and the Attorney General has a reasonable belief that the applicant may use a firearm in connection with terrorism. .
g Attorney General s Ability To Withhold Information in Firearms License Denial and Revocation Suit- Section 923 f of such title is amended--
1 in the 1st sentence of paragraph 1 , by inserting `, except that if the denial or revocation is pursuant to subsection d 1 H or e 3 , then any information on which the Attorney General relied for this determination may be withheld from the petitioner if the Attorney General determines that disclosure of the information would likely compromise national security before the period and
2 in paragraph 3 , by inserting after the 3rd sentence the following:
`With respect to any information withheld from the aggrieved party under paragraph 1 , the United States may submit, and the court may rely on, summaries or redacted versions of documents containing information the disclosure of which the Attorney General has determined would likely compromise national security. .
h Attorney General s Ability To Withhold Information in Relief From Disabilities Lawsuits- Section 925 c of such title is amended by inserting after the 3rd sentence the following:
`If receipt of a firearms by the person would violate section 922 g 10 , any information which the Attorney General relied on for this determination may be withheld from the applicant if the Attorney General determines that disclosure of the information would likely compromise national security. In responding to the petition, the United States may submit, and the court may rely on, summaries or redacted versions of documents containing information the disclosure of which the Attorney General has determined would likely compromise national security. .
i Penalties- Section 924 k of such title is amended--
1 by striking `or at the end of paragraph 2 br / br / 2 in paragraph 3 , by striking `, or and inserting ` or and
3 by inserting after paragraph 3 the following:
` 4 constitutes an act of terrorism as defined in section 921 a 36 , or material support thereof as defined in section 921 a 37 , or .
j Remedy for Erroneous Denial of Firearm or Firearm Permit Exemption- Section 925A of such title is amended--
1 in the section heading, by striking `Remedy for erroneous denial of firearm and inserting `Remedies br
2 by striking `Any person denied a firearm pursuant to subsection s or t of section 922 and inserting the following:
` a Except as provided in subsection b , any person denied a firearm pursuant to section 922 t or pursuant to a determination made under section 922B, and
3 by adding after and below the end the following:
` b In any case in which the Attorney General has denied the transfer of a firearm to a prospective transferee pursuant to section 922A or has made a determination regarding a firearm permit applicant pursuant to section 922B, an action challenging the determination may be brought against the United States.
The petition must be filed not later than 60 days after the petitioner has received actual notice of the Attorney General s determination made pursuant to section 922A or 922B. The court shall sustain the Attorney General s determination on a showing by the United States by a preponderance of evidence that the Attorney General s determination satisfied the requirements of section 922A or 922B.
To make this showing, the United States may submit, and the court may rely on, summaries or redacted versions of documents containing information the disclosure of which the Attorney General has determined would likely compromise national security.
On request of the petitioner or the court s own motion, the court may review the full, undisclosed documents ex parte and in camera. The court shall determine whether the summaries or redacted versions, as the case may be, are fair and accurate representations of the underlying documents. The court shall not consider the full, undisclosed documents in deciding whether the Attorney General s determination satisfies the requirements of section 922A or 922B. k Provision of Grounds Underlying Ineligibility Determination by the National Instant Criminal Background Check System- Section 103 of the Brady Handgun Violence Prevention Act Public Law 103-159 is amended--
1 in subsection f --
A by inserting after `is ineligible to receive a firearm, the following: `or the Attorney General has made a determination regarding an applicant for a firearm permit pursuant to section 922B of title 18, United States Code and
B by inserting after `the system shall provide such reasons to the individual, the following:
`except for any information the disclosure of which the Attorney General has determined would likely compromise national security and
2 in subsection g --
A in the 1st sentence, by inserting after `subsection g or n of section 922 of title 18, United States Code or State law the following: `or if the Attorney General has made a determination pursuant to section 922A or 922B of such title,
B by inserting `, except any information the disclosure of which the Attorney General has determined would likely compromise national security before the period and
C by adding at the end the following:
`Any petition for review of information withheld by the Attorney General under this subsection shall be made in accordance with section 925A of title 18, United States Code. .
l Unlawful Distribution of Explosives Based on Attorney General Discretionary Denial- Section 842 d of such title is amended--
1 by striking the period at the end of paragraph 9 and inserting ` or and
2 by adding at the end the following:
` 10 has received actual notice of the Attorney General s determination made pursuant to section 843 b 8 or d 2 of this title. .
m Attorney General Discretionary Denial as Prohibitor- Section 842 i of such title is amended--
1 by adding `or at the end of paragraph 7 and
2 by inserting after paragraph 7 the following:
` 8 who has received actual notice of the Attorney General s determination made pursuant to section 843 b 8 or d 2 , .
n Attorney General Discretionary Denial of Federal Explosives Licenses and Permits- Section 843 b of such title is amended--
1 by striking `Upon and inserting the following: `Except as provided in paragraph 8 , on and
2 by inserting after paragraph 7 the following:
` 8 The Attorney General may deny the issuance of a permit or license to an applicant if the Attorney General determines that the applicant or a responsible person or employee possessor thereof is known or appropriately suspected to be or have been engaged in conduct constituting, in preparation of, in aid of, or related to terrorism, or providing material support thereof, and the Attorney General has a reasonable belief that the person may use explosives in connection with terrorism. .
o Attorney General Discretionary Revocation of Federal Explosives Licenses and Permits- Section 843 d of such title is amended--
1 by inserting ` 1 in the first sentence after `if and
2 by striking the period at the end of the first sentence and inserting the following:
` or 2 the Attorney General determines that the licensee or holder or any responsible person or employee possessor thereof is known or appropriately suspected to be or have been engaged in conduct constituting, in preparation for, in aid of, or related to terrorism, or providing material support thereof, and that the Attorney General has a reasonable belief that the person may use explosives in connection with terrorism. .
p Attorney General s Ability To Withhold Information in Explosives License and Permit Denial and Revocation Suits- Section 843 e of such title is amended--
1 in the 1st sentence of paragraph 1 , by inserting `except that if the denial or revocation is based on a determination under subsection b 8 or d 2 , then any information which the Attorney General relied on for the determination may be withheld from the petitioner if the Attorney General determines that disclosure of the information would likely compromise national security before the period and
2 in paragraph 2 , by adding at the end the following: `In responding to any petition for review of a denial or revocation based on a determination under section 843 b 8 or d 2 , the United States may submit, and the court may rely on, summaries or redacted versions of documents containing information the disclosure of which the Attorney General has determined would likely compromise national security. .
q Ability To Withhold Information in Communications to Employers- Section 843 h 2 of such title is amended--
1 in subparagraph A , by inserting `or section 843 b 1 on grounds of terrorism of this title, after `section 842 i , and br / br / 2 in subparagraph B --
A by inserting `or section 843 b 8 after `section 842 i and
B in clause ii , by inserting `, except that any information that the Attorney General relied on for a determination pursuant to section 843 b 8 may be withheld if the Attorney General concludes that disclosure of the information would likely compromise national security before the semicolon.
Conforming Amendment to Immigration and Nationality Act- Section 101 a 43 E ii of the Immigration and Nationality Act 8 U.S.C. 1101 a 43 E ii is amended by striking ` or 5 and inserting ` 5 , or 10 .
Chuck pretty well sums up how I feel about H. R. 2159 as well.
It Is Getting Very Serious Now
By Chuck Baldwin May 12, 2009
This column is archived at:
http://www.chuckbaldwinlive.com/c2009/cbarchive_20090512.html
First, it was a Missouri Analysis and Information Center MIAC report then it was a Department of Homeland Security DHS report now it is a New York congressman's bill.
Each of these items, taken on their own, is problematic enough taken together they portend a clear and present danger to the liberties of the American people. It is getting very serious now.
As readers may recall, the MIAC report profiled certain people as being potential violence-prone militia members : including people who supported Presidential candidates Ron Paul, Bob Barr, and myself.
In addition, anyone who opposed one or more of the following were also included in the list: the New World Order, the U.N., gun control, the violation of Posse Comitatus, the Federal Reserve, the Income Tax, the Ammunition Accountability Act, a possible Constitutional Convention, the North American Union, the Universal Service Program, Radio Frequency Identification RFID , abortion on demand, or illegal immigration. The MIAC report prompted a firestorm of protest, and was eventually rescinded, with the man responsible for its distribution being dismissed from his position.
The DHS report profiled many of the same people included in the MIAC report, and added returning Iraq and Afghanistan war veterans as potentially dangerous extremists.
As I have said before, it is very likely that when all of the opinions and views of the above lists are counted, 75% or more of the American people would be included. Yet, these government reports would have law enforcement personnel to believe we are all dangerous extremists that need to be watched and guarded against.
If this was not bad enough, a New York congressman has introduced a bill in the House of Representatives to deny Second Amendment rights to everyone listed above.
According to World Net Daily, May 9, 2009, A new gun law being considered in Congress, if aligned with Department of Homeland Security memos labeling everyday Americans a potential threats, could potentially deny firearms to pro-lifers, gun-rights advocates, tax protesters, animal rights activists, and a host of others--any already on the expansive DHS watch list for potential extremism.
Rep. Peter King, R-N.Y., has sponsored H.R. 2159, the Denying Firearms and Explosives to Dangerous Terrorists Act of 2009, which permits the attorney general to deny transfer of a firearm to any known or suspected dangerous terrorist.
The bill requires only that the potential firearm transferee is appropriately suspected of preparing for a terrorist act and that the attorney general has a reasonable belief that the gun might be used in connection with terrorism.
Gun rights advocates, however, object to the bill s language, arguing that it enables the federal government to suspend a person s Second Amendment rights without any trial or legal proof and only upon suspicion of being dangerous.
WND quotes Gun Owners of America Executive Director Larry Pratt as saying, By DHS standards, I'm one of DHS Secretary Janet Napolitano s terrorists. This bill would enable the attorney general to put all of the people who voted against Obama on no-gun lists, because according to the DHS, they re all potential terrorists. Actually, we could rename this bill the Janet Napolitano Frenzied Fantasy Implementation Act of 2009.
Pratt was also quoted as saying, Unbeknownst to us, some bureaucrat in the bowels of democracy can put your name on a list, and your Second Amendment rights are toast.
He went on to say, This such an anti-American bill, this is something King George III would have done.
Now that DHS has established both a list and a lexicon for extremists, it looks to Congress to confer upon it police-state-style powers through which these individuals may be disarmed and eventually done away with. Rep. Peter King is accommodating this goal with H.R. 2159.
Let me ask a reasonable question: how long does anyone think it would be, after being profiled by DHS and denied the lawful purchase of firearms, that those same people would be subjected to gun confiscation? And how long do you think it would be before DHS began profiling more and more groups of people, thus subjecting them to gun confiscation? This was exactly the strategy employed by Adolf Hitler. The Jews were the first people denied their civil rights--especially the right to own and possess firearms.
Of course, after disarming Jews, the rest of the German citizenry was likewise disarmed. And we all know where that led.
I m not sure how many of the American people realize that it was the attempted confiscation of the colonialists cache of arms in Concord, Massachusetts, that started America s War for Independence.
Yes, my friends, it was attempted gun confiscation that triggered pun intended the shot heard round the world. And now it would appear that, once again, a central government is on the verge of trying to deny the American people their right to keep and bear arms.
I am told that as of 2004, 50% of the adults in the United States own one or more firearms, totaling some 270 million privately owned firearms nationwide.
I would venture to say that the vast majority of these gun owners would find themselves matching the DHS profile of a potential extremist.
I wonder how many gun owners realize the way they are now being targeted by their government, and just how serious--and how close--the threat of gun confiscation has become? If one doubts the intention of the elitists in government today to deny the American people their right to keep and bear arms, consider what former Secretary of State Henry Kissinger is purported to have said just a couple of weeks ago.
Kissinger attended a high-level meeting with Russian President Medvedev that also included former Secretaries of State James Baker and George Shultz former Secretary of Defense William Perry and former Senator Sam Nunn. Included in the discussions was Kissinger s assertion that the American people were now ready to accept a New Global Order. He is also reported to have told Medvedev, By September we ll have confiscated all privately owned guns so it really doesn t matter what we do, we ll still be in charge.
Even though the national news media has not reported this statement, the Internet is abuzz with Kissinger having said it. Whether Kissinger actually made that statement or not, he, and rest of his ilk, have repeatedly called for a New World Order, in which there will be no constitutional protection for the right to keep and bear arms.
This leads to a very serious question: how many of America s gun owners would allow their government to deny them gun ownership? Further, how many would passively sit back and allow their guns to be confiscated?
As humbly and meekly as I know how to say it: as for me and my house, gun confiscation is the one act of tyranny that crosses the line debate, discourse, discussion, and peaceful dissent cease and desist at that point.
I say again, it is getting very serious now.
Chuck Baldwin s commentaries are copyrighted and may be republished, reposted, or emailed providing the person or organization doing so does not charge for subscriptions or advertising and that the column is copied intact and that full credit is given and that Chuck s web site address is included.
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From NRA-ILA http://www.nraila.org/Legislation/Read.aspx?ID 4854
ALERT for All Florida CCW License Holders Monday, May 11, 2009 Legislators Raid CCW Trust Fund - Try to Intimidate Governor
DATE: May 11, 2009 br /
TO: USF NRA Member and Friends br / FROM: Marion P. Hammer br / USF Executive Director NRA Past President
In a last minute sneak attack on gun owners, the Florida Legislature raided the concealed weapons and firearms licensing trust fund. This not only effects resident CCW license holders, but non-resident Florida license holders as well!
They took $6 million from the Division of Licensing Concealed Weapons and Firearm Trust Fund that is intended, by law, to be used solely for administering the concealed weapons and firearms licensing program. Read background information below
Please Call, Fax, or Email Governor Charlie Crist IMMEDIATELY, and ask him to veto the $6 Million trust fund sweep from the Department of Agriculture Consumer Services Division of Licensing authorized under Section 59 of the Conference Report of SB-2600.
Please send your email today!!!!!
And/or please contact the Governor s office by phone or fax ASAP.
Phone number: 850 488-4441 or 850 488-7146
Fax number: 850 487-0801
Send your email to the Governor at this address:
Charlie.Crist@MyFlorida.com
BACKGROUND:
Right now, the concealed weapons and firearms licensing program is backlogged and overloaded, due in part, to the refusal of budget officials and the Legislature to allow the Division of Licensing to use its own trust fund money to hire more employees and expand/upgrade equipment.
Crates of unopened mail containing license and license renewal applications sit in storage. The backlog of mail sitting unopened, at times, has extended beyond 90 days while existing licenses are expiring because renewal applications haven t been opened and processed.
Currently although the Division of Licensing has been working weekend shifts to clear the backlog , it is taking 13-14 weeks to process a perfect application once it has been opened. That is an unequivocal violation of the law that requires issuance or denial of a license by a specific time -- a violation of law that legislative leaders are condoning by their actions.
THE LAW REQUIRES THE DIVISION OF LICENSING TO ISSUE A LICENSE WITHIN 90 DAYS OF RECEIPT OF THE APPLICATION -- or deny the license for cause , based upon the criteria set forth in the law. Theft of operating funds by the Legislature is not just cause for failure to issue licenses or renewals within 90 days.
While applications sit gathering dust, legislative leaders took $6 million of approximately $8 million held in the trust fund. That $6 million is supposed to be used to pay employees, buy upgraded equipment, upgrade or replace computers or software and to otherwise administer the concealed weapons and firearms licensing program.
BUT, feigning a desperate need for funds for education and health care, legislative leaders recklessly and ruthlessly confiscated trust fund money.
Why? Because they were building a so-called working capital fund for the 2010-12 legislative term, reported now to be in the neighborhood of $1.8 BILLION DOLLARS. This so-called working capital fund is for the use of future legislative leaders.
They didn t take that money for education.
They didn t take that money for health care. They didn t take that money to save jobs. They didn t take that money to avoid pay cuts, or budget cuts -- they took the money to help build their own fund.
While Senate leadership reportedly fought to stop the ruthless raids on trust funds, in the end, they simply caved and let the House of Representatives prevail. The bad behavior doesnt end there.
Obviously fearing the Governor would use his line-item veto to stop trust fund raids, proviso language was inserted in the bill in a clear attempt to intimidate the Governor.
The proviso language, states that if any portion of the moneys swept from this and other trust funds does not become law meaning it is vetoed , that portion of the money shall be deducted from the EDUCATION BUDGET.
This is clearly designed to keep the Governor from vetoing trust fund sweeps, and prevent trust fund money from being taken back out the House leadership s so-called working capital fund.
Money in the concealed weapons trust fund came from gun owners. No money to administer and run the concealed weapons and firearms licensing program has ever come from general revenue, or any other state fund or revenue source. The taking of these gun owner user fees is an unauthorized tax on the exercise of the Second Amendment.
AGAIN, Please call, fax and email Governor Crist IMMEDIATELY, and ask him to veto the $6 Million raid on the Concealed Weapons Firearms Trust Fund!
Send your email to the Governor at this address:
Charlie.Crist@MyFlorida.com
Please send your email today!!!!!
You may also call the Executive Office of the Governor at: 850 488-7146. From NRA-ILA
http://www.nraila.org/Issues/FactSheets/Read.aspx?ID 252
H.R. 2324: Worse than S. 843?
The Castle gun show bill H.R. 2324 shares many unacceptable provisions with S. 843, but in key areas goes even further.
Despite changes from the Lautenberg juvenile justice amendment of 1999 that it is based on, this bill fails to address gun owners` most significant concerns--and in several areas is even more restrictive than Lautengberg`s current bill, S. 843.
H.R. 2324 creates federal gun registration of many firearms sold at gun shows. Unlike the S. 843, H.R. 2324 requires that information on gun transactions between unlicensed persons that are assisted by a licensed dealer, be transmitted to the Attorney General within 10 days. Make, model and serial number of the firearm s sold is required, along with such other information and be on such form, as the Attorney General shall require by regulation.
This broad grant of power to the Attorney General will greatly facilitate the creation of a firearms registry by an anti-gun administration.
H.R. 2324 creates gun owner registration. Special firearms event operators would have to submit names of all vendors to the U.S. Justice Department both before and after the show--whether or not any of the vendors sold a gun.
A private citizen who enters a gun show hoping to sell or trade a firearm, but who does not find a buyer and leaves with his own gun, would be on file with the Justice Department forever as a special firearms event vendor.
This gun owner registration provision is more restrictive than the Lautenberg amendment. br / H.R. 2324 requires registration of gun shows.
This bureaucratic requirement would allow an anti-gun administration to harass event organizers for paperwork violations. It would also allow government agents to harass gun owners who gather for purposes other than selling guns. br / H.R. 2324 allows harassment of show organizers and vendors.
The bill allows inspection, at a gun show, of a show promoter`s or dealer`s entire business records--including records of transactions that occurred at other shows or at a dealer`s licensed place of business.
These inspections are time consuming for licensees and highly intrusive conducting business at a gun show while simultaneously undergoing a compliance inspection would be impossible.
H.R. 2324 does not provide for true instant checks.
The biggest controversy during the 1999 debate on gun show legislation was how long a delay period should be allowed for investigation of a questionable background check.
Like S. 843, H.R. 2324 does not make allowances for the short duration gun show. Instead both bills provide the full 3 business day allowance for replies to instant check requests. This does not work for a 2-day weekend gun show.
H.R. 2324 gives no priority to gun show checks. Gun show checks should be expedited over others, simply due to the temporary nature of these events and the distances both sellers and buyers travel to attend them.
Most importantly, H.R. 2324 ignores the real problem--multiple government studies prove gun shows are not a source of crime guns.
The Bureau of Justice Statistics BJS report Firearms Use by Offenders found that less than 1% of U.S. crime guns come from gun shows. This 2001 study was based on interviews with 18,000 prison inmates and is the largest such study ever conducted by the government.
The BJS study is consistent with previous federal studies.
A 2000 BJS study, Federal Firearms Offenders, 1992-98, found only 1.7% of federal prison inmates obtained their gun from a gun show. Similarly, a National Institute of Justice 1997 study, Homicide in Eight U.S. Cities, reported less than 2% of criminal guns come from gun shows.
THOUGHT FOR THE DAY
Hold on, my friends, to the Constitution and to the Republic for which it stands. Miracles do not cluster and what has happened once in 6,000 years, may not happen again. Hold on to the Constitution, for if the American Constitution should fail, there will be anarchy throughout the world.
U.S. Senator Daniel Webster 1782-1852
To find your Federal Representative and Senators and write, call or email them, use these links:
US House of Representatives:
https://writerep.house.gov/writerep/welcome.shtml
US Senate:
http://www.senate.gov/general/contact_information/senators_cfm
To find your State Representative and Senator and write, call or email them, use these links:
http://www.kslegislature.org/legsrv-legisportal/redistricting
To send letters to the White House:
The White House
1600 Pennsylvania Ave NW
Washington, DC 20500
The White House website:
http://www.whitehouse.gov/
#1 -- H. R. 2159, Denying Firearms and Explosives to Dangerous Terrorists Act of 2009
#2 -- It Is Getting Very Serious Now
#3 -- ALERT For All Florida CCW License Holders
#4 -- H.R. 2324: Worse than S. 843?
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ITEM #1
From Thomas - The Library of Congress http://thomas.loc.gov/cgi-bin/thomas
H.R. 2159 - They are just over the top now! And I suppose they will use the DHS Report to decide who is a Terrorist? Call your Representative!
H.R.2159 -- Denying Firearms and Explosives to Dangerous Terrorists Act of 2009
Title: To increase public safety by permitting the Attorney General to deny the transfer of a firearm or the issuance of firearms or explosives licenses to a known or suspected dangerous terrorist.
Sponsor: Rep King, Peter T. [NY-3] (introduced 4/29/2009) Cosponsors (6)
Latest Major Action: 4/29/2009 Referred to House committee. Status: Referred to the House Committee on the Judiciary.
COSPONSORS(6), ALPHABETICAL:
Rep Castle, Michael N. [DE] - 4/29/2009
Rep Kirk, Mark Steven [IL-10] - 4/29/2009
Rep McCarthy, Carolyn [NY-4] - 4/29/2009
Rep Moran, James P. [VA-8] - 4/29/2009
Rep Rangel, Charles B. [NY-15] - 4/29/2009
Rep Smith, Christopher H. [NJ-4] - 4/29/2009
111th CONGRESS
1st Session
H. R. 2159
To increase public safety by permitting the Attorney General to deny the transfer of a firearm or the issuance of firearms or explosives licenses to a known or suspected dangerous terrorist.
IN THE HOUSE OF REPRESENTATIVES
April 29, 2009
Mr. KING of New York (for himself, Mr. RANGEL, Mr. CASTLE, Mrs. MCCARTHY of New York, Mr. KIRK, Mr. MORAN of Virginia, and Mr. SMITH of New Jersey) introduced the following bill; which was referred to the Committee on the Judiciary
A BILL
To increase public safety by permitting the Attorney General to deny the transfer of a firearm or the issuance of firearms or explosives licenses to a known or suspected dangerous terrorist.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Denying Firearms and Explosives to Dangerous Terrorists Act of 2009'.
SEC. 2. GRANTING THE ATTORNEY GENERAL THE AUTHORITY TO DENY THE SALE, DELIVERY, OR TRANSFER OF A FIREARM OR THE ISSUANCE OF A FIREARMS OR EXPLOSIVES LICENSE OR PERMIT TO DANGEROUS TERRORISTS.
(a) Standard for Exercising Attorney General Discretion Regarding Transferring Firearms or Issuing Firearms Permits to Dangerous Terrorists- Chapter 44 of title 18, United States Code, is amended--
(1) by inserting the following new section after section 922:
`Sec. 922A. Attorney General's discretion to deny transfer of a firearm
`The Attorney General may deny the transfer of a firearm pursuant to section 922(t)(1)(B)(ii) if the Attorney General determines that the transferee is known (or appropriately suspected) to be or have been engaged in conduct constituting, in preparation for, in aid of, or related to terrorism, or providing material support thereof, and the Attorney General has a reasonable belief that the prospective transferee may use a firearm in connection with terrorism.';
(2) by inserting the following new section after section 922A:
`Sec. 922B. Attorney General's discretion regarding applicants for firearm permits which would qualify for the exemption provided under section 922(t)(3)
`The Attorney General may determine that an applicant for a firearm permit which would qualify for an exemption under section 922(t) is known (or appropriately suspected) to be or have been engaged in conduct constituting, in preparation for, in aid of, or related to terrorism, or providing material support thereof, and the Attorney General has a reasonable belief that the applicant may use a firearm in connection with terrorism.'; and
(3) in section 921(a), by adding at the end the following:
`(36) The term `terrorism' means `international terrorism' as defined in section 2331(1), and `domestic terrorism' as defined in section 2331(5).
`(37) The term `material support' means `material support or resources' within the meaning of section 2339A or 2339B.
`(38) The term `responsible person' means an individual who has the power, directly or indirectly, to direct or cause the direction of the management and policies of the applicant or licensee pertaining to firearms.'.
(b) Effect of Attorney General Discretionary Denial Through the National Instant Criminal Background Check System (NICS) on Firearms Permits- Section 922(t) of such title is amended--
(1) in paragraph (1)(B)(ii), by inserting `or State law, or that the Attorney General has determined to deny the transfer of a firearm pursuant to section 922A' before the semicolon;
(2) in paragraph (2), by inserting after `or State law' the following: `or if the Attorney General has not determined to deny the transfer of a firearm pursuant to section 922A';
(3) in paragraph (3)(A)(i)--
(A) by striking `and' at the end of subclause (I); and
(B) by adding at the end the following:
`(III) was issued after a check of the system established pursuant to paragraph (1);';
(4) in paragraph (3)(A)--
(A) by adding `and' at the end of clause (ii); and
(B) by adding after and below the end the following:
`(iii) the State issuing the permit agrees to deny the permit application if such other person is the subject of a determination by the Attorney General pursuant to section 922B;';
(5) in paragraph (4), by inserting after `or State law,' the following: `or if the Attorney General has not determined to deny the transfer of a firearm pursuant to section 922A,'; and
(6) in paragraph (5), by inserting after `or State law,' the following: `or if the Attorney General has determined to deny the transfer of a firearm pursuant to section 922A,'.
(c) Unlawful Sale or Disposition of Firearm Based on Attorney General Discretionary Denial- Section 922(d) of such title is amended--
(1) by striking `or' at the end of paragraph (8);
(2) by striking the period at the end of paragraph (9) and inserting `; or';
(3) by inserting after paragraph (9) the following:
`(10) has been the subject of a determination by the Attorney General pursuant to section 922A, 922B, 923(d)(1)(H), or 923(e) of this title.'.
(d) Attorney General Discretionary Denial as Prohibitor- Section 922(g) of such title is amended--
(1) by striking `or' at the end of paragraph (8);
(2) by striking the comma at the end of paragraph (9) and inserting; `; or'; and
(3) by inserting after paragraph (9) the following:
`(10) who has received actual notice of the Attorney General's determination made pursuant to section 922A, 922B, 923(d)(1)(H), or 923(e) of this title.'.
(e) Attorney General Discretionary Denial of Federal Firearms Licenses- Section 923(d)(1) of such title is amended--
(1) by striking `Any' and inserting `Except as provided in subparagraph (H), any';
(2) in subparagraph (F)(iii), by striking `and' at the end;
(3) in subparagraph (G), by striking the period and inserting `; and'; and
(4) by adding at the end the following:
`(H) The Attorney General may deny a license application if the Attorney General determines that the applicant (including any responsible person) is known (or appropriately suspected) to be or have been engaged in conduct constituting, in preparation for, in aid of, or related to terrorism, or providing material support thereof, and the Attorney General has a reasonable belief that the applicant may use a firearm in connection with terrorism.'.
(f) Discretionary Revocation of Federal Firearms Licenses- Section 923(e) of such title is amended--
(1) in the 1st sentence--
(A) by inserting after `revoke' the following: `--(1)'; and
(B) by striking the period and inserting a semicolon;
(2) in the 2nd sentence--
(A) by striking `The Attorney General may, after notice and opportunity for hearing, revoke' and insert `(2)'; and
(B) by striking the period and inserting `; or'; and
(3) by adding at the end the following:
`(3) any license issued under this section if the Attorney General determines that the holder of the license (including any responsible person) is known (or appropriately suspected) to be or have been engaged in conduct constituting, in preparation for, in aid of, or related to terrorism, or providing material support thereof, and the Attorney General has a reasonable belief that the applicant may use a firearm in connection with terrorism.'.
(g) Attorney General's Ability To Withhold Information in Firearms License Denial and Revocation Suit- Section 923(f) of such title is amended--
(1) in the 1st sentence of paragraph (1), by inserting `, except that if the denial or revocation is pursuant to subsection (d)(1)(H) or (e)(3), then any information on which the Attorney General relied for this determination may be withheld from the petitioner if the Attorney General determines that disclosure of the information would likely compromise national security' before the period; and
(2) in paragraph (3), by inserting after the 3rd sentence the following: `With respect to any information withheld from the aggrieved party under paragraph (1), the United States may submit, and the court may rely on, summaries or redacted versions of documents containing information the disclosure of which the Attorney General has determined would likely compromise national security.'.
(h) Attorney General's Ability To Withhold Information in Relief From Disabilities Lawsuits- Section 925(c) of such title is amended by inserting after the 3rd sentence the following: `If receipt of a firearms by the person would violate section 922(g)(10), any information which the Attorney General relied on for this determination may be withheld from the applicant if the Attorney General determines that disclosure of the information would likely compromise national security. In responding to the petition, the United States may submit, and the court may rely on, summaries or redacted versions of documents containing information the disclosure of which the Attorney General has determined would likely compromise national security.'.
(i) Penalties- Section 924(k) of such title is amended--
(1) by striking `or' at the end of paragraph (2);
(2) in paragraph (3), by striking `, or' and inserting `; or'; and
(3) by inserting after paragraph (3) the following:
`(4) constitutes an act of terrorism (as defined in section 921(a)(36)), or material support thereof (as defined in section 921(a)(37)), or'.
(j) Remedy for Erroneous Denial of Firearm or Firearm Permit Exemption- Section 925A of such title is amended--
(1) in the section heading, by striking `Remedy for erroneous denial of firearm' and inserting `Remedies';
(2) by striking `Any person denied a firearm pursuant to subsection (s) or (t) of section 922' and inserting the following:
`(a) Except as provided in subsection (b), any person denied a firearm pursuant to section 922(t) or pursuant to a determination made under section 922B,'; and
(3) by adding after and below the end the following:
`(b) In any case in which the Attorney General has denied the transfer of a firearm to a prospective transferee pursuant to section 922A or has made a determination regarding a firearm permit applicant pursuant to section 922B, an action challenging the determination may be brought against the United States. The petition must be filed not later than 60 days after the petitioner has received actual notice of the Attorney General's determination made pursuant to section 922A or 922B. The court shall sustain the Attorney General's determination on a showing by the United States by a preponderance of evidence that the Attorney General's determination satisfied the requirements of section 922A or 922B. To make this showing, the United States may submit, and the court may rely on, summaries or redacted versions of documents containing information the disclosure of which the Attorney General has determined would likely compromise national security. On request of the petitioner or the court's own motion, the court may review the full, undisclosed documents ex parte and in camera. The court shall determine whether the summaries or redacted versions, as the case may be, are fair and accurate representations of the underlying documents. The court shall not consider the full, undisclosed documents in deciding whether the Attorney General's determination satisfies the requirements of section 922A or 922B.'.
(k) Provision of Grounds Underlying Ineligibility Determination by the National Instant Criminal Background Check System- Section 103 of the Brady Handgun Violence Prevention Act (Public Law 103-159) is amended--
(1) in subsection (f)--
(A) by inserting after `is ineligible to receive a firearm,' the following: `or the Attorney General has made a determination regarding an applicant for a firearm permit pursuant to section 922B of title 18, United States Code'; and
(B) by inserting after `the system shall provide such reasons to the individual,' the following: `except for any information the disclosure of which the Attorney General has determined would likely compromise national security'; and
(2) in subsection (g)--
(A) in the 1st sentence, by inserting after `subsection (g) or (n) of section 922 of title 18, United States Code or State law' the following: `or if the Attorney General has made a determination pursuant to section 922A or 922B of such title,';
(B) by inserting `, except any information the disclosure of which the Attorney General has determined would likely compromise national security' before the period; and
(C) by adding at the end the following: `Any petition for review of information withheld by the Attorney General under this subsection shall be made in accordance with section 925A of title 18, United States Code.'.
(l) Unlawful Distribution of Explosives Based on Attorney General Discretionary Denial- Section 842(d) of such title is amended--
(1) by striking the period at the end of paragraph (9) and inserting `; or'; and
(2) by adding at the end the following:
`(10) has received actual notice of the Attorney General's determination made pursuant to section 843(b)(8) or (d)(2) of this title.'.
(m) Attorney General Discretionary Denial as Prohibitor- Section 842(i) of such title is amended--
(1) by adding `or' at the end of paragraph (7); and
(2) by inserting after paragraph (7) the following:
`(8) who has received actual notice of the Attorney General's determination made pursuant to section 843(b)(8) or (d)(2),'.
(n) Attorney General Discretionary Denial of Federal Explosives Licenses and Permits- Section 843(b) of such title is amended--
(1) by striking `Upon' and inserting the following: `Except as provided in paragraph (8), on'; and
(2) by inserting after paragraph (7) the following:
`(8) The Attorney General may deny the issuance of a permit or license to an applicant if the Attorney General determines that the applicant or a responsible person or employee possessor thereof is known (or appropriately suspected) to be or have been engaged in conduct constituting, in preparation of, in aid of, or related to terrorism, or providing material support thereof, and the Attorney General has a reasonable belief that the person may use explosives in connection with terrorism.'.
(o) Attorney General Discretionary Revocation of Federal Explosives Licenses and Permits- Section 843(d) of such title is amended--
(1) by inserting `(1)' in the first sentence after `if'; and
(2) by striking the period at the end of the first sentence and inserting the following: `; or (2) the Attorney General determines that the licensee or holder (or any responsible person or employee possessor thereof) is known (or appropriately suspected) to be or have been engaged in conduct constituting, in preparation for, in aid of, or related to terrorism, or providing material support thereof, and that the Attorney General has a reasonable belief that the person may use explosives in connection with terrorism.'.
(p) Attorney General's Ability To Withhold Information in Explosives License and Permit Denial and Revocation Suits- Section 843(e) of such title is amended--
(1) in the 1st sentence of paragraph (1), by inserting `except that if the denial or revocation is based on a determination under subsection (b)(8) or (d)(2), then any information which the Attorney General relied on for the determination may be withheld from the petitioner if the Attorney General determines that disclosure of the information would likely compromise national security' before the period; and
(2) in paragraph (2), by adding at the end the following: `In responding to any petition for review of a denial or revocation based on a determination under section 843(b)(8) or (d)(2), the United States may submit, and the court may rely on, summaries or redacted versions of documents containing information the disclosure of which the Attorney General has determined would likely compromise national security.'.
(q) Ability To Withhold Information in Communications to Employers- Section 843(h)(2) of such title is amended--
(1) in subparagraph (A), by inserting `or section 843(b)(1) (on grounds of terrorism) of this title,' after `section 842(i),'; and
(2) in subparagraph (B)--
(A) by inserting `or section 843(b)(8)' after `section 842(i)'; and
(B) in clause (ii), by inserting `, except that any information that the Attorney General relied on for a determination pursuant to section 843(b)(8) may be withheld if the Attorney General concludes that disclosure of the information would likely compromise national security' before the semicolon.
(r) Conforming Amendment to Immigration and Nationality Act- Section 101(a)(43)(E)(ii) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(43)(E)(ii)) is amended by striking ` or (5)' and inserting `(5), or (10)'.
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ITEM #2
Chuck pretty well sums up how I feel about H. R. 2159 as well.
It Is Getting Very Serious Now
By Chuck Baldwin
May 12, 2009
This column is archived at
http://www.chuckbaldwinlive.com/c2009/cbarchive_20090512.html
First, it was a Missouri Analysis and Information Center (MIAC) report; then it was a Department of Homeland Security (DHS) report; now it is a New York congressman's bill. Each of these items, taken on their own, is problematic enough; taken together they portend "a clear and present danger" to the liberties of the American people. It is getting very serious now.
As readers may recall, the MIAC report profiled certain people as being potential violence-prone "militia members": including people who supported Presidential candidates Ron Paul, Bob Barr, and myself. In addition, anyone who opposed one or more of the following were also included in the list: the New World Order, the U.N., gun control, the violation of Posse Comitatus, the Federal Reserve, the Income Tax, the Ammunition Accountability Act, a possible Constitutional Convention, the North American Union, the Universal Service Program, Radio Frequency Identification (RFID), abortion on demand, or illegal immigration.
The MIAC report prompted a firestorm of protest, and was eventually rescinded, with the man responsible for its distribution being dismissed from his position. The DHS report profiled many of the same people included in the MIAC report, and added returning Iraq and Afghanistan war veterans as potentially dangerous "extremists."
As I have said before, it is very likely that when all of the opinions and views of the above lists are counted, 75% or more of the American people would be included. Yet, these government reports would have law enforcement personnel to believe we are all dangerous extremists that need to be watched and guarded against. If this was not bad enough, a New York congressman has introduced a bill in the House of Representatives to deny Second Amendment rights to everyone listed above.
According to World Net Daily, May 9, 2009, "A new gun law being considered in Congress, if aligned with Department of Homeland Security memos labeling everyday Americans a potential 'threats,' could potentially deny firearms to pro-lifers, gun-rights advocates, tax protesters, animal rights activists, and a host of others--any already on the expansive DHS watch list for potential 'extremism.'
"Rep. Peter King, R-N.Y., has sponsored H.R. 2159, the Denying Firearms and Explosives to Dangerous Terrorists Act of 2009, which permits the attorney general to deny transfer of a firearm to any 'known or suspected dangerous terrorist.' The bill requires only that the potential firearm transferee is 'appropriately suspected' of preparing for a terrorist act and that the attorney general 'has a reasonable belief' that the gun might be used in connection with terrorism.
"Gun rights advocates, however, object to the bill's language, arguing that it enables the federal government to suspend a person's Second Amendment rights without any trial or legal proof and only upon suspicion of being 'dangerous.'"
WND quotes Gun Owners of America Executive Director Larry Pratt as saying, "By [DHS] standards, I'm one of [DHS Secretary] Janet Napolitano's terrorists. This bill would enable the attorney general to put all of the people who voted against Obama on no-gun lists, because according to the DHS, they're all potential terrorists. Actually, we could rename this bill the Janet Napolitano Frenzied Fantasy Implementation Act of 2009."
Pratt was also quoted as saying, "Unbeknownst to us, some bureaucrat in the bowels of democracy can put your name on a list, and your Second Amendment rights are toast." He went on to say, "This such an anti-American bill, this is something King George III would have done."
Now that DHS has established both a list and a lexicon for "extremists," it looks to Congress to confer upon it police-state-style powers through which these individuals may be disarmed and eventually done away with. Rep. Peter King is accommodating this goal with H.R. 2159.
Let me ask a reasonable question: how long does anyone think it would be, after being profiled by DHS and denied the lawful purchase of firearms, that those same people would be subjected to gun confiscation? And how long do you think it would be before DHS began profiling more and more groups of people, thus subjecting them to gun confiscation?
This was exactly the strategy employed by Adolf Hitler. The Jews were the first people denied their civil rights--especially the right to own and possess firearms. Of course, after disarming Jews, the rest of the German citizenry was likewise disarmed. And we all know where that led.
I'm not sure how many of the American people realize that it was the attempted confiscation of the colonialists' cache of arms in Concord, Massachusetts, that started America's War for Independence. Yes, my friends, it was attempted gun confiscation that triggered (pun intended) the "shot heard 'round the world." And now it would appear that, once again, a central government is on the verge of trying to deny the American people their right to keep and bear arms.
I am told that as of 2004, 50% of the adults in the United States own one or more firearms, totaling some 270 million privately owned firearms nationwide. I would venture to say that the vast majority of these gun owners would find themselves matching the DHS profile of a potential "extremist." I wonder how many gun owners realize the way they are now being targeted by their government, and just how serious--and how close--the threat of gun confiscation has become?
If one doubts the intention of the elitists in government today to deny the American people their right to keep and bear arms, consider what former Secretary of State Henry Kissinger is purported to have said just a couple of weeks ago. Kissinger attended a high-level meeting with Russian President Medvedev that also included former Secretaries of State James Baker and George Shultz; former Secretary of Defense William Perry; and former Senator Sam Nunn. Included in the discussions was Kissinger's assertion that the American people were now ready to accept a "New Global Order." He is also reported to have told Medvedev, "By September we'll have confiscated all privately owned guns so it really doesn't matter what we do, we'll still be in charge." (Even though the national news media has not reported this statement, the Internet is abuzz with Kissinger having said it. Whether Kissinger actually made that statement or not, he, and rest of his ilk, have repeatedly called for a New World Order, in which there will be no constitutional protection for the right to keep and bear arms.)
This leads to a very serious question: how many of America's gun owners would allow their government to deny them gun ownership? Further, how many would passively sit back and allow their guns to be confiscated?
As humbly and meekly as I know how to say it: as for me and my house, gun confiscation is the one act of tyranny that crosses the line; debate, discourse, discussion, and peaceful dissent cease and desist at that point.
I say again, it is getting very serious now.
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(c) Chuck Baldwin
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ITEM #3
From NRA-ILA http://www.nraila.org/Legislation/Read.aspx?ID=4854
***ALERT for All Florida CCW License Holders*** Monday, May 11, 2009
Legislators Raid CCW Trust Fund - Try to Intimidate Governor
DATE: May 11, 2009
TO: USF & NRA Member and Friends
FROM: Marion P. Hammer
USF Executive Director
NRA Past President
In a last minute sneak attack on gun owners, the Florida Legislature raided the concealed weapons and firearms licensing trust fund. This not only effects resident CCW license holders, but non-resident Florida license holders as well!
They took $6 million from the Division of Licensing Concealed Weapons and Firearm Trust Fund that is intended, by law, to be used solely for administering the concealed weapons and firearms licensing program. (Read background information below)
Please Call, Fax, or Email Governor Charlie Crist IMMEDIATELY, and ask him to veto the $6 Million trust fund sweep from the Department of Agriculture & Consumer Services Division of Licensing authorized under Section 59 of the Conference Report of SB-2600.
Please send your email today!!!!!
And/or please contact the Governor's office by phone or fax ASAP.
Phone number: (850) 488-4441 or (850) 488-7146
Fax number: (850) 487-0801
Send your email to the Governor at this address: Charlie.Crist@MyFlorida.com
BACKGROUND:
Right now, the concealed weapons and firearms licensing program is backlogged and overloaded, due in part, to the refusal of budget officials and the Legislature to allow the Division of Licensing to use its own trust fund money to hire more employees and expand/upgrade equipment.
Crates of unopened mail containing license and license renewal applications sit in storage. The backlog of mail sitting unopened, at times, has extended beyond 90 days while existing licenses are expiring because renewal applications haven't been opened and processed.
Currently (although the Division of Licensing has been working weekend shifts to clear the backlog), it is taking 13-14 weeks to process a "perfect" application once it has been opened. That is an unequivocal violation of the law that requires issuance or denial of a license by a specific time -- a violation of law that legislative leaders are condoning by their actions.
THE LAW REQUIRES THE DIVISION OF LICENSING TO ISSUE A LICENSE WITHIN 90 DAYS OF RECEIPT OF THE APPLICATION -- or deny the license "for cause", based upon the criteria set forth in the law. Theft of operating funds by the Legislature is not "just cause" for failure to issue licenses or renewals within 90 days.
While applications sit gathering dust, legislative leaders took $6 million of approximately $8 million held in the trust fund. That $6 million is supposed to be used to pay employees, buy upgraded equipment, upgrade or replace computers or software and to otherwise administer the concealed weapons and firearms licensing program.
BUT, feigning a desperate need for funds for education and health care, legislative leaders recklessly and ruthlessly confiscated trust fund money. Why? Because they were building a so-called "working capital" fund for the 2010-12 legislative term, reported now to be in the neighborhood of $1.8 BILLION DOLLARS. This so-called "working capital fund" is for the use of future legislative leaders.
They didn't take that money for education. They didn't take that money for health care. They didn't take that money to save jobs. They didn't take that money to avoid pay cuts, or budget cuts -- they took the money to help build their own fund.
While Senate leadership reportedly fought to stop the ruthless raids on trust funds, in the end, they simply caved and let the House of Representatives prevail.
The bad behavior doesn't end there.
Obviously fearing the Governor would use his line-item veto to stop trust fund raids, proviso language was inserted in the bill in a clear attempt to intimidate the Governor.
The proviso language, states that if any portion of the moneys swept from this and other trust funds does not become law (meaning it is vetoed), that portion of the money shall be deducted from the EDUCATION BUDGET. This is clearly designed to keep the Governor from vetoing trust fund sweeps, and prevent trust fund money from being taken back out the House leadership's so-called "working capital" fund.
Money in the concealed weapons trust fund came from gun owners. No money to administer and run the concealed weapons and firearms licensing program has ever come from general revenue, or any other state fund or revenue source. The taking of these gun owner user fees is an unauthorized tax on the exercise of the Second Amendment.
AGAIN, Please call, fax and email Governor Crist IMMEDIATELY, and ask him to veto the $6 Million raid on the Concealed Weapons & Firearms Trust Fund!
Send your email to the Governor at this address: Charlie.Crist@MyFlorida.com
Please send your email today!!!!!
You may also call the Executive Office of the Governor at: (850) 488-7146.
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ITEM #4
From NRA-ILA http://www.nraila.org/Issues/FactSheets/Read.aspx?ID=252
H.R. 2324: Worse than S. 843?
The Castle gun show bill (H.R. 2324) shares many unacceptable provisions with S. 843, but in key areas goes even further. Despite changes from the Lautenberg juvenile justice amendment of 1999 that it is based on, this bill fails to address gun owners` most significant concerns--and in several areas is even more restrictive than Lautengberg`s current bill, S. 843.
H.R. 2324 creates federal gun registration of many firearms sold at gun shows. Unlike the S. 843, H.R. 2324 requires that information on gun transactions between unlicensed persons that are assisted by a licensed dealer, be transmitted to the Attorney General within 10 days. Make, model and serial number of the firearm(s) sold is required, along with "such other information and be on such form, as the Attorney General shall require by regulation." This broad grant of power to the Attorney General will greatly facilitate the creation of a firearms registry by an anti-gun administration.
H.R. 2324 creates gun owner registration. "Special firearms event operators" would have to submit names of all "vendors" to the U.S. Justice Department both before and after the show--whether or not any of the vendors sold a gun. A private citizen who enters a gun show hoping to sell or trade a firearm, but who does not find a buyer and leaves with his own gun, would be on file with the Justice Department forever as a "special firearms event vendor." This gun owner registration provision is more restrictive than the Lautenberg amendment.
H.R. 2324 requires registration of gun shows. This bureaucratic requirement would allow an anti-gun administration to harass event organizers for paperwork violations. It would also allow government agents to harass gun owners who gather for purposes other than selling guns.
H.R. 2324 allows harassment of show organizers and vendors. The bill allows inspection, at a gun show, of a show promoter`s or dealer`s entire business records--including records of transactions that occurred at other shows or at a dealer`s licensed place of business. These inspections are time consuming for licensees and highly intrusive; conducting business at a gun show while simultaneously undergoing a compliance inspection would be impossible.
H.R. 2324 does not provide for true instant checks. The biggest controversy during the 1999 debate on gun show legislation was how long a "delay period" should be allowed for investigation of a questionable background check. Like S. 843, H.R. 2324 does not make allowances for the short duration gun show. Instead both bills provide the full 3 business day allowance for replies to instant check requests. This does not work for a 2-day weekend gun show.
H.R. 2324 gives no priority to gun show checks. Gun show checks should be expedited over others, simply due to the temporary nature of these events and the distances both sellers and buyers travel to attend them.
Most importantly, H.R. 2324 ignores the real problem--multiple government studies prove gun shows are not a source of "crime guns."
The Bureau of Justice Statistics (BJS) report "Firearms Use by Offenders" found that less than 1% of U.S. "crime guns" come from gun shows. This 2001 study was based on interviews with 18,000 prison inmates and is the largest such study ever conducted by the government.
The BJS study is consistent with previous federal studies. A 2000 BJS study, "Federal Firearms Offenders, 1992-98," found only 1.7% of federal prison inmates obtained their gun from a gun show. Similarly, a National Institute of Justice 1997 study, "Homicide in Eight U.S. Cities," reported less than 2% of criminal guns come from gun shows.
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THOUGHT FOR THE DAY
"Hold on, my friends, to the Constitution and to the Republic for which it stands. Miracles do not cluster and what has happened once in 6,000 years, may not happen again. Hold on to the Constitution, for if the American Constitution should fail, there will be anarchy throughout the world."
--U.S. Senator Daniel Webster (1782-1852)
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