Legislative review

Shooting Industry, Dec, 1997 by Jim Schneider

On another front, the domestic violence misdemeanor law rushed through Congress in 1996 came back to haunt civilians and police officers in '97. The law prohibits possession of a firearm by anyone ever convicted of a domestic violence misdemeanor - even though in some states that is defined as yelling at one's spouse.

Two Pro-Gun Bills

On our side of the coin, two gun bills of special interest to everyone concerned with personal and home defense were filed in the House in '97.

HR-27 would provide civil penalties for anyone who denies people the right to have firearms in their home for defensive purposes.

The bill was filed by Rep. Roscoe Bartlett (R-Md.) and affirms the right to obtain firearms for security and to use firearms in defense of self, family or home.

The bill gives a person whose rights have been violated in any manner the authority to bring a civil action in any U.S. district court against the United States, any state or any person for damages, injunctive relief and other relief deemed appropriate by the court, including attorney's fees.

The other bill was HR-339, a measure which would permit people who have been issued concealed carry licenses in their state to have licenses honored in every other state, including those which do not issue carry licenses to their own residents.

Introduced by Rep. Cliff Stearns (R-Fla.), HR-339 would provide that anyone who is not prohibited by federal law from possessing, transporting, shipping or receiving a firearm may carry in another state notwithstanding any law of the state being visited or traveled through. While in such other state, the state laws governing concealed carry will apply to the nonresident.

For those states which do not have clear statutes regarding licensing, or who may carry concealed, the Stearns bill would establish minimum federal standards.

Justice Department Paper

A major surprise occurred this year when a shocking Department of Justice paper was leaked to the gun press.

Despite President Clinton's early claims about loving duck hunters, the true intentions of the Clinton/Gore Administration regarding gun owners and dealers were revealed in the paper.

A high Justice Department source, who for obvious reasons wished to remain unnamed, said these provisions would not be presented as one massive bill but introduced in Congress one or two at a time. In fact, a number already have been.

The Justice Department paper was a complete laundry list of anti-gun proposals. Well known Second Amendment scholar and lawyer Dave Hardy noted, "It looks to me like this list basically took every anti-gun proposal of the last five years and tried to roll them into one long list.

"Basically, this is a proposal to outlaw gun ownership through the means of making it so burdensome that no one can afford to own firearms."

Perhaps the greatest threat comes from two proposals that appear under the "Gang Violence" section of the Justice Department paper:

* Amend the RICO statute to add certain federal offenses involving the illegal transfer of firearms to the list of RICO predicates.