Posts Tagged ‘Second Amendment to the United States Constitution’

The U.N. Arms Trade Treaty WILL restrict your gun rights

July 10, 2012

As GOA reported before the holiday break, the United Nations has begun discussions over finalizing language in the Arms Trade Treaty (ATT) — talks that are expected to last all month.

Senator Moran has prepared a letter, which GOA has in its possession, demanding that the Obama Administration oppose any treaty that would sacrifice Americans’ gun rights — even if it means “breaking consensus” at the July conference.

“We are concerned that the Arms Trade Treaty poses dangers to rights protected under the Second Amendment,” Senator Moran says in his letter.

You have to ratify the ATT to see what’s in it

Despite the risks to our liberties, there is much double-speak taking place at the UN.  The talks in New York are reminiscent of the process that Americans saw with the passage of ObamaCare. Remember Nancy Pelosi’s famous quip: “You have to pass the [health care] bill so you can see what is in it”?

In similar fashion, the gun control details in the ATT will “not be publicly available” until the treaty has been agreed to by all the member nations.

It makes you wonder if Pelosi is being paid as a consultant at these meetings.

Make no mistake about it; UN officials are using secrecy to their advantage, claiming the treaty will not infringe upon the rights of individual gun owners.  They claim the treaty only deals with international transfers of firearms.

But Moran counters that the treaty will expand federal gun controls and lead to the registration of firearms.

The Arms Trade Treaty WILL restrict your gun rights

The Moran letter quotes a draft of the treaty, noting that it requires nations to “monitor and control” arms in transit and to prohibit the unauthorized “transfer of arms from any location” — a requirement, he says, that implies a huge “expansion of federal firearms controls that would be unacceptable on Second Amendment grounds.”

And the draft version of the treaty calls for the creation of a “U.N.-based firearms registry for all firearms that are either imported into or transit across national territory.”  Can you imagine any greater infringement of your privacy … giving UN bureaucrats the “right” to collect information on you as a gun owner?

Some 130 Representatives sent their own letter to the President on Monday reminding him that the Second Amendment guarantees the “fundamental, individual right to keep and bear arms” and declaring that the U.S. has no business supporting a treaty that infringes on the Bill of Rights.

The House letter is a good first step, but getting a similar one sent from the Senate is even more important.  After all, IT’S THE SENATE — and not the House — which must ratify the ATT.

Since the treaty will be finalized later this month, it is very important for Senator Moran to get at least 34 Senators on his letter — meaning he would have enough votes to prevent the treaty’s ratification.

ACTIONPlease click here to send a message urging your Senators to sign on to the Moran letter right away.  Senator Moran’s office says that Senators have been very slow to respond to his request for more signatories.  But he needs these signatures right away!

Cynthia Lummis closet anti Bill of Rights?

March 2, 2012

From Wyoming Gun Owners, used with permission.

While you and I were busy fighting an expansion of gun-free zones here in Wyoming, the folks in Washington D.C. were moving to enact new gun control on a unsuspecting public.

Sadly Representative Cynthia Lummis voted YES on a measure that criminalizes someone that is lawfully carrying a firearm for self defense.

Under this federal legislation, H.R. 347 – Restricted Buildings and Grounds Improvement Act, anyone addressing the government with grievances (like the first amendment guarantees) while lawfully in possession of a firearm, could face ten years in prison.

The gun grabbers recipe is simple:

Create new places where the second amendment no longer applies – Start by taking something as harmless as tea party gathering, combine new regulations that say it’s disruptive of government business, finally throw law abiding gun owners into the mix, and there you have it, gun owners under the bus again!

Cheyenne--Tea-Party protesters in front of the Capital, many were lawfully armed.
Cheyenne Tea-Party gathered in front of the Wyoming Capital — many were lawfully armed. (Federal building in background)

The text in H.R. 347 is so telling of the real agenda — expansive gun control– just being in the “proximity” of federal property — could be punishable.

Who defines “proximity”?

Does it mean 10 or 10,000 feet?

Please call Rep. Cynthia Lummis and tell her a vote for “gun control” no matter how insignificant it may seem is a vote against Wyoming.

Call and email Rep. Lummis here

To Liberty,

Anthony Bouchard
   Executive Director
Wyoming Gun Owners

 

P.S. Wyoming Gun Owners is the ONLY pro-gun organization working at this level — please consider contributing to the effort by chipping in just $20 so we can stay in the fight.

Free fire zones for the unlawful are not the answer to some perceived “problem.” Remember, it’s the forces of anti freedom and liberty that take the position of never letting a crisis, real or imaginary, go to waste.

The incremental chipping away of our rights and freedoms is not to be taken lightly and we should, each and every one of us let our leaders at all levels know that.

 

Rahm Emanuel’s childish strategy of striking back at the Second Amendment

February 18, 2012
BELLEVUE, WAChicago Mayor Rahm Emanuel’s proposal to slap law-abiding Illinois gun owners with a handgun registration mandate that includes a $65 per-gun fee is “nothing more than a maneuver to discourage gun ownership in the face of court rulings that have gone against Chicago’s stubborn gun ban mentality,” the Citizens Committee for the Right to Keep and Bear Arms said today.

Under Emanuel’s proposal, any Illinois resident purchasing a handgun would be hit with the $65 registration requirement, which is over and above current statutory requirements that include possession of a Firearm Owner’s Identification (FOID) card.

“This is Rahm Emanuel’s childish strategy of striking back at the Second Amendment,” said CCRKBA Chairman Alan M. Gottlieb. “Chicago lost before the Supreme Court in the landmark McDonald case, and its horribly written handgun ordinance has also been rejected by a federal appeals court.

“Because he is on the losing end of the gun rights battle,” Gottlieb continued, “Mayor Emanuel now wants to take out his frustration on every law-abiding gun owner in Illinois. This is the kind of reaction one expects from a five-year-old throwing a temper tantrum, but it should be beneath the dignity of an adult who is supposed to be the leader of one of the nation’s largest cities.”

Emanuel claims that his measure is aimed at helping police, parents and community groups. But State Rep. Brandon Phelps, a Harrisburg Democrat, called the proposal a “slap in the face of every law-abiding gun owner.” Gottlieb concurs with that assessment.

“Rahm Emanuel is a both a product, and a philosophical poster child, of two anti-gun administrations,” he said. “He served in both the Clinton and Obama administrations, always as point man on gun control initiatives. He does not seem to grasp the reality that American citizens, including those living in Illinois, have a constitutionally-protected civil right to keep and bear arms for their personal protection.

“Mayor Emanuel’s crass effort to infringe on that right through legislative demagoguery is insulting and immature,” Gottlieb said. “This is the kind of behavior that continues to land Chicago in court, and pretty soon, taxpayers will grow tired of entertaining his anti-gun agenda with their dollars.”

With more than 650,000 members and supporters nationwide, the Citizens Committee for the Right to Keep and Bear Arms is one of the nation’s premier gun rights organizations. As a non-profit organization, the Citizens Committee is dedicated to preserving firearms freedoms through active lobbying of elected officials and facilitating grass-roots organization of gun rights activists in local communities throughout the United States. The Citizens Committee can be reached by phone at (425) 454-4911, on the Internet at www.ccrkba.org or by email to InformationRequest@ccrkba.org.

“arbitrary or capricious,” without any doubt!

January 23, 2012
Federal Court Supports Illegal Obama Multiple Sales Regs
First, the good news: Fox News is reporting that due to an amazing outpouring of opposition, the vote on the so-called anti-piracy legislation — which could muzzle websites like GOA’s — has been postponed. Thank you all for your activism … and please stay tuned to further updates on this issue.
Now for the bad news: You know what they say about Friday the 13th.
Well, this past Friday, the U.S. District Court for the District of Columbia issued a setback to gun owners. The issue involved a lawsuit challenging Barack Obama’s illegal multiple sales regulations. [NSSF v. Jones, Acting Director, BATFE.]
Through those regulations, Obama has demanded, by regulatory fiat, that firearms licensees in four southwestern states report multiple sales of certain long guns to the federal government.
In upholding this action, Judge Rosemary Collyer -– a Bush appointee! –- ignored the Constitution, the Supreme Court’s decision in the Heller case, and the clear language of federal law.
Of course, this once again underscores the danger of putting all our eggs in the “court basket.” It’s not a bad idea to challenge unconstitutional measures in the courts, but it’s problematic if we look to them as being the ultimate defenders of our gun rights. Clearly, they are not.
Among other things, Judge Collyer ignored the obvious language of the 1986 McClure-Volkmer Act, which prohibits the ATF from demanding any information on gun owners other than information explicitly allowed by statute.
Specifically, the section states: “Such [licensees] shall not be required to submit to the Attorney General reports and information with respect to such records and the contents thereof, except as expressly required by this section.” (18 U.S.C. 923(g)(1))
Paragraph (g)(5) allows the Attorney General to demand information by issuing a “demand letter,” but participants in the drafting of McClure-Volkmer affirm that this was not intended to trump the paragraph (1) limitation, in order to statutorily mandate reporting requirements.
To interpret paragraph (g)(5), as Obama and Attorney General Holder have interpreted it, is to say that there are NO limits on the information the Attorney General can demand -– up to and including every 4473 in the country.
In opening this door, Collyer cited much narrower decisions in the Fourth and the liberal Ninth Circuit, but expanded them beyond any judicial precedent. Citing a test that looked at whether the ATF’s action constituted a “clear error of judgment” or was “arbitrary or capricious,” Collyer gave all of the benefit of the doubt to Obama -– and none to the Second Amendment, which wasn’t even considered in her 21-page opinion.
The decision will presumably be appealed to the D.C. Circuit Court of Appeals -– a supposedly “conservative” circuit that nevertheless upheld ObamaCare.
But the larger issue is this: Congress can block these regulations by simply cutting off the money to implement them. Last fall, we demanded that the House include such a prohibition in its giant money bill. But congressional leaders ignored the Second Amendment community on this and a variety of other pro-gun issues, including defunding ObamaCare.
It is late in the game. But there is still an opportunity to prohibit funding for the multiple sales regulations on the annual Department of Justice Appropriations bill and the “continuing resolution” which will inevitably follow around September 30.
True, a lot of damage will have been done by that point. But we cannot allow to stand the precedent that the Attorney General can seize any and all gun-related information, simply by saying he wants it.

“Constitutional Carry” (SB 25) for Colorado

January 19, 2012
State Senator Tim Neville, R-Littleton, has agreed to sponsor “Constitutional Carry” (SB 25) as his first bill in the 2012 Colorado state legislative session. What happens next is up to RMGO supporters like you.

If you haven’t done so already, please sign the Rocky Mountain Gun Owners petition in support of Constitutional Carry. Then, please forward this message to friends, family, and other like-minded citizens and ask them to sign the petition as well.

With the start of the 2012 session just days away it’s absolutely vital we turn up the heat on every member of the state legislature.

As you may know, this critical legislation will ensure honest gun owners their constitutional right to carry a concealed handgun without having to fight through the expensive government red tape of the permit process.

But will your State Senator and Representative stand up for your second amendment rights? Or will they bow down to the radical anti-gun lobby?

You see, with a liberal majority in the Colorado State Senate getting this bill out of committee won’t be an easy task.

That’s why Rocky Mountain Gun Owners is unveiling an ambitious program to promote Constitutional Carry in 2012.

With nearly 20 years in the fight to preserve our right to keep and bear arms at both the state and federal level, I will be the first to tell you, I can’t do this alone.

It takes patriots like you to continue the fight to allow every honest gun owner the ability to protect him or herself at all times.

This is why I’m asking you to stand up for our Second Amendment rights and sign the RMGO Constitutional Carry Petition.

Your signature will help us in the first part of our plan to collect at least 20,000 signed petitions to deliver to your State Senators and Representatives demanding that they support the Constitutional Carry bill.

Then, in a few weeks, we will introduce our candidate pledge; demanding that each and every member of the General Assembly — and every candidate — pledge to support Constitutional Carry in Colorado.

After you’ve signed RMGO’s Constitutional Carry Petition, please forward this message to as many Second Amendment supporters as possible, and encourage them to sign the petition, too!

And if you can, please consider chipping in $15 or $20.

Your generous contribution will help us really turn up the heat — through letters, phone calls, emails and internet ads . . .

. . . And if funding permits, RMGO will launch hard-hitting newspaper, radio and TV ads urging specific elected officials, by name, to vote to pass Constitutional Carry in Colorado.

You and I both know the gun grabbers and their leftist allies in the state legislature will pull every dirty trick.

Please do not delay signing the petition, and if you can please consider chipping in $15 or $20 to help RMGO fight to pass Constitutional Carry in Colorado.

Of course, if you can and want to contribute more, Rocky Mountain Gun Owners will be careful stewards of your trust.

As always, thank you for your support in the fight to preserve our Second Amendment Rights.

Only together can we do what can’t be done alone.

For freedom,

Dudley Brown
Executive Director, Rocky Mountain Gun Owners

P.S. State Senator Tim Neville is introducing Constitutional Carry in the 2012 Colorado state legislative session.

This critical legislation will ensure honest gun owners their constitutional right to carry a concealed handgun without having to fight through the expensive government red tape of the permit process.

From an email received from RMGO

Year in Review for 2011; Gun Owners of America

December 21, 2011
“In the 35 years since its foundation, the GOA has maintained its staunch opposition to any form of gun control, often taking a harder stand than the NRA.”Ben Garrett, award-winning journalist, newspaper editor and blogger
With your help, Gun Owners of America was able to accomplish quite a bit in 2011. We thank you for your support, which makes this e-mail and web service possible. In order to continue serving you into the next year, we hope that you will please consider either:
2. If you are already a GOA member, giving a gift membership to GOA to your family and friends during this holiday season.
As we approach the Christmas holidays, we certainly have a lot to be thankful for. Here’s a partial list of what we accomplished together this year.
January
* One of the first acts of the Congress in 2011 was to read the Constitution aloud, for the first time in history, on the floor of the United States House of Representatives. Virginia Rep. Bob Goodlatte led the effort in the House and credited GOA for helping make it happen.
“I want to thank Gun Owners of America for early support of the idea to read the U.S. Constitution on the House floor and for taking the lead to rally the grassroots in support of the Read the Constitution effort,” Goodlatte said.
Of course, reading the Constitution is one thing, abiding by it is another. And that is a battle GOA brings to Capitol Hill on a daily basis.
*GOA began a year-long effort to call attention to Fast and Furious. This operation that was run out of the Justice Department helped criminals buy guns “legally” from American gun stores -­ with the hopes that the ensuing violence would drive calls for more gun control.
February – March
* GOA began warning its activists that anti-gun Democrats might try to attach gun control restrictions on a bill to reauthorize funding the FAA (Federal Aviation Administration). These proposals included a ban on high capacity magazines; restrictions that would end gun shows; and, potentially, a provision stripping millions of gun owners of their rights by placing them on “watch lists” without any due process of law.
GOA worked on the Hill by putting pro-gun amendments into the hands of certain Senators. Our efforts to counter these disastrous proposals with pro-gun initiatives backed the gun grabbers into a comer and stymied their plans.
*GOA and its activists won temporary victories when the House voted to repeal the anti-gun ObamaCare law and to adopt the Boren-Rehberg amendment — which would defund ATF’s latest gun registry.
Gun Owners of America contacted every member of the House of Representatives prior to winning the votes on ObamaCare and Boren-Rehberg. Sadly, both of these victories were temporary, as the Democrat Senate refused to go along.
* GOA began a national campaign to defeat restrictive legislation introduced by New York Rep. Carolyn McCarthy (D). Her bill, HR 308, would resurrect the ban on high capacity magazines which passed during the Clinton administration — but later sunset in 2004. (GOA will spend the year mobilizing gun owners against this threat, and can thankfully report that, by year’s end, her bill has remained bottled up in committee.)
April-May
* After President Obama nominated Goodwin Liu to the Ninth Circuit Court of Appeals, GOA worked hard to alert Senators to his extreme, anti-gun record. Like many radical progressives, Liu believes that while our Second Amendment rights might have been necessary in the 1700s, they are no longer needed today. Thanks, in large part, to Liu’s radical views on the Second Amendment, his nomination was narrowly defeated.
* Sen. Rand Paul (R-KY) tied the Senate in knots for more than a week fighting for a GOA­backed amendment which would have protected 4473’s and other gun records from blanket searches by the ATF under the so-called PATRIOT Act.
Because many leaders in his own party refused to back him, Sen. Paul was not successful this time, but he put a marker down that gun rights would not be violated without a fight from the pro-gun community.
Sen. Paul thanked “Gun Owners of America for their strong support of my amendment to protect the privacy of gun owners.”
June – August
* GOA activated its grassroots members in opposition to S. 679, the Cover-up Protection Act — a bill that would exempt hundreds of federal appointees from Senate confirmation, thus allowing the President to stack his administration with flaming anti-gunners.
This battle underscored the power of the grassroots — and the effect that phone calls and emails can have upon their elected officials. After hearing from thousands upon thousands of GOA’s activists, Capitol Hill staffers confided to GOA that key Senators reversed course and decided to add amendments which would require the most important Presidential appointments to still be approved by the Senate.
* The crescendo over the Operation Fast and Furious debacle continued to build. Dubbed as Obama’s Watergate, Fast and Furious highlights the extent that his corrupt administration will go to demonize gun owners. GOA has spent the first half of the year educating the media and the grassroots over Fast and Furious — and for its part, CBS and Fox News lead the media in covering this fiasco.
September
* GOA began to energize its grassroots in favor of concealed carry reciprocity bill introduced by Georgia Rep. Paul Broun. His bill (HR 2900) will allow law-abiding gun owners to carry out­of-state without requiring them to possess a concealed carry permit in the state they are visiting.
*Gun Owners of America briefed an important case before the U.S. Supreme Court earlier in the year — and, in September, we won! The Court handed down its decision in Bond v. United States, where the U.S. government had made a “federal case” out of a domestic dispute involving a Pennsylvania woman who injured her neighbor.
There was absolutely no reason why the federal government should have been prosecuting Carol Bond, as opposed to the local authorities. So GOA got involved with the intent to help drive the federal government back into the parameters as outlined in the Constitution — a result which will, most definitely, benefit gun owners.
October- November
* In late October, GOA began pressing hard for congressmen to start petitioning for Eric Holder’s resignation. Within a week, the number of Representatives calling for Holder’s resignation rose to more than two dozen — and the number has since doubled to more than four dozen.
* The Obama Administration issued regulations earlier this year requiring agencies to lie to the public under certain circumstances. GOA alerted its grassroots in October to these regs and urged Congress to defund the administration’s ability to enforce them. The Administration pulled the regulations within the week.
* In November, Gun Owners Foundation won a Supreme Court case in defense of a gun owner in Virginia. Russell Ernest Smith had been wrongfully convicted of “willfully and intentionally” making a false statement on his 4473 form when purchasing a firearm. But GOF believed that the government’s argument against Smith was specious.
So Gun Owners Foundation prepared its amicus brief and submitted it on behalf of Mr. Smith. GOF was the only group making the case that Smith’s conviction should be overturned. After waiting several months for the verdict, the Virginia Supreme Court announced its verdict … and Smith emerged victorious.
What’s both interesting and exciting in this case is that, in overturning Smith’s conviction, the judges used an argument that GOF had made — an argument which his own lawyer did not even make. GOF is clearly making an impact upon the courts in defense of gun owners’ rights!
* Concealed carry reciprocity legislation passed on the floor of the House by a 272-154 vote. Representatives had two bills to choose from — although the weaker bill passed. The battle now moves to the Senate, where GOA will work to amend the legislation with the provisions of HR 2900, the “constitutional carry” friendly bill.
December
* GOA worked hard this year to stall (or defeat) the nomination of anti-gun judges. One of Obama’s picks who stalled out was Caitlin Halligan, a judicial nominee with a history of anti­gun activism. But with most of the nation focusing its attention on the upcoming holidays, GOA had to call the troops into battle after Senate Majority Leader Harry Reid tried to ram through Halligan’s confirmation in early December.
* The response of Gun Owners of America members to the GOA alert was overwhelming and played an important role in defeating the confirmation of Halligan. On the Hill, Gun Owners of America briefed Senate offices right up to the time of the vote about the danger of confirming Halligan. Thankfully, in a procedural maneuver known as a “cloture vote,” Reid fell six votes short of getting the needed votes to move the nomination forward for a final vote.

Rep. Rehberg’s Legislation Protects Veterans’ Second Amendment Rights

October 17, 2011

The House this week adopted legislation protecting the Second Amendment rights of veterans.

Sponsored by Rep. Denny Rehberg (R-MT), the legislation requires that before a veteran can lose his or her gun rights, they must receive due process in a court of law.  Rehberg offered the measure as an amendment to H.R. 2349, which passed the House on a voice vote.

Sen. Richard Burr (R-NC) told GOA he plans to introduce a Senate version of the bill right away.  GOA is working to get as many cosponsors to this legislation as possible.  In the last Congress, Sen. Burr’s bill passed out of committee only to be derailed by Harry Reid and anti-gun Senate Democrats.

Veterans Disarmament Act

It might seem like a no-brainer.  In America, no one—be they in the military or a civilian—should be stripped of their constitutional liberties without having their day in court, right?  But it can happen, and it does happen.

The Department of Veterans Affairs (VA) can deem a veteran as a “mental defective” for the sole reason of having a third party appointed over their financial affairs.  Veterans with mental health issues such as temporary memory loss or Post Traumatic Stress Disorder (PTSD) commonly turn over control of their finances to a spouse or family member.

Because persons found to be “mental defectives” are prohibited from owning firearms, the names of these veterans are turned over to the FBI’s NICS system.

No crime needs to have been committed.  No finding that the person is even remotely dangerous.  No trial by a jury of one’s peers.  A veteran can be stripped of his or her gun rights simply by the capricious action of government bureaucrats.

Ok, some may protest, but this must happen rarely.  It must be an aberration, a mistake.  Wrong.

Since 1999, over 150,000 honorably discharged veterans have lost their gun rights in precisely this manner. And though it’s theoretically possible to get off the list, that rarely—if ever—happens.

Gun owners who are not veterans can also be affected by the current law because the definition of “mental defective” used by the VA applies to anyone.  It affects veterams particularly hard because of the ease of information sharing between one federal agency (VA) and another (FBI).

But under ObamaCare, medical records for all Americans will be made increasingly available to Washington bureaucrats.  What safeguards are in place to ensure that those records will not likewise be abused?  None.

That’s why it is vitally important that all gun owners contact their two Senators and insist that they support Sen. Burr’s Veterans Second Amendment Protection Act.

This bill ensures that a veteran cannot lose his or her gun rights without a finding in a court of law that the person is a danger to self or others.

This would mean no more “psychiatric gun bans” for vets, and it will serve notice to the federal government that the same thing will not be allowed to happen to the rest of the population.

GOA is working to get as many cosponsors as possible.  Due process under the law is something even anti-gunners should support (they won’t, of course), and we are pushing to get a veto-proof majority behind this legislation.

ACTION: Please contact your Senators and urge them to cosponsor the Second Amendment Veterans Protection Act.

Click Here to Send Your Senators a prewritten email message

SOURCE