From firearms-alert-owner Tue Aug 9 12:56:44 1994 Received: from localhost (chan@localhost) by jobe.shell.portal.com (8.6.4/8.6.4) id MAA10406 for firearms-alert-outgoing; Tue, 9 Aug 1994 12:56:00 -0700 Received: from nova.unix.portal.com (nova.unix.portal.com [156.151.1.101]) by jobe.shell.portal.com (8.6.4/8.6.4) with ESMTP id MAA10400 for ; Tue, 9 Aug 1994 12:55:58 -0700 Received: from gatekeeper.nra.org (gatekeeper.NRA.Org [192.156.97.62]) by nova.unix.portal.com (8.6.7/8.6.4) with SMTP id MAA13031 for ; Tue, 9 Aug 1994 12:55:49 -0700 Received: by gatekeeper.nra.org (5.65/DEC-Ultrix/4.3) id AA09545; Tue, 9 Aug 1994 15:47:50 -0400 Date: Tue, 9 Aug 1994 15:47:50 -0400 Message-Id: <9408091947.AA09545@gatekeeper.nra.org> Reply-To: alerts@gatekeeper.nra.org Originator: rkba-alert@nra.org From: alerts@gatekeeper.nra.org (NRA Alerts) To: firearms-alert@shell.portal.com Subject: INFO: FL - USF Newsletter - Nationwide updates X-Listprocessor-Version: 6.0c -- ListProcessor by Anastasios Kotsikonas X-Comment: NRA Alerts list Sender: firearms-alert-owner@shell.portal.com Precedence: bulk Status: RO Florida Firing Line, No 8 - July/August 1994 Unified Sportsmen of Florida PO Box 6565 Tallahassee, FL 32314 904-222-9518 GUN BAN STILL IN CRIME BILL As we go to press the Crime Bill is still alive and still contains the gun ban. The bill came out of conference committee with language that bans 19 guns by name, at least 180 guns by description, and magazine holding more 10 than 10 rounds. We are urging legislators to defeat the crime bill, by both voting AGAINST the rule for debate in the House (in effect killing the bill), and if that fails, by voting AGAINST the bill outright due to its lack of merit. In the Senate we are urging Senators to OPPOSE the rule to proceed, SUPPORT the filibuster and OPPOSE the bill outright. KEEP CALLING Your CONGRESSMEN AND SENATORS! U.S. COURT STRIKES DOWN GUN BAN On July 11, 1994, the U.S. Court of Appeals for the Sixth Circuit struck down a ban on so-called "assault weapons" in (Columbus, Ohio, calling it "unconstitutionally vague." In the opinion, Chief Judge Gilbert S. Merritt called the ban on 46 specific firearms and "other models by the same manufacturer with the same action design that have slight modifications or enhancements vague. Merritt stated that "the ordinance is fundamentally irrational and impossible to apply consistently by the buying public the sportsman, the law enforcement officer, the prosecutor or the judge." The court concluded that, due to the "arbitrary nature" of the ordinance, which "the city council simply copied" from a similar California law, the entire gun ban is void. OFFICIALS ABUSE BRADY LAW An Associated Press Report in The Tampa Tribune on August 2, 1994, on the "success" of the Brady Law reports that during the first 100 days under the new law about 5% of prospective gun buyers were barred from purchasing firearms. Treasury secretary (BATF) Lloyd Bentson, told the press, "The law has punished those it meant to punish: the criminals... We stopped them from buying guns and, and we probably stopped them from committing some terrible crimes." The word "CRIMINAL" takes on a whole new meaning when the anti-gunners want to block firearms sales. We recently were made aware of a memorandum from Dennis Garrett, Police Chief of Phoenix, Arizona, responding to a request from Phoenix Councilman John Nelson for a breakdown of offenses that were used in turning down firearms purchases by the Arizona Crime Information center ACIC) and the City of Phoenix. Chief Garrett reported on the week of March 28 - April 3, 1994 and in his memorandum reported that by and large, most of the turndowns were for "Failure to Appear" for various offenses. The list of 35 turndowns included the following: 10 Driving with a suspended or canceled license (misdemeanor) 4 DUI (Driving under the influence) 1 Discharge of firearm in city 4 Bad checks (misdemeanor) 1 Vehicle Insurance suspended (misdemeanor) 2 Fictitious Registration (misdemeanor) 1 False reporting misdemeanor 1 Disorderly conduct (misdemeanor) 2 Assault (misdemeanor) 1 Speeding 2 Trespass 1 Fishlng without License 1 Dog license violation These 31 turndowns are hardly hardened criminals and they are not felons, yet their right to purchase a firearm was illegally denied. The remaining 4 turndowns were two for felony drug possession and two for Larceny Those of us who opposed the Brady Bill argued that it the bill passed it would become a tool of abuse -- DIDN'T TAKE LONG DID IT? CIVIL LIBERTIES FALL TO POLICE TACTICS The Washington Times reported on June 13, 1994, that the St Louis. Missouri Police Department had a "novel gun-suppression program" and considered it "one of the most innovative in the country." Police, acting on "tips" that people might have illegal guns in their homes, show up at doors asking to search the home. "And it's all done without a search warrant," reports columnist Kim Bell of the St. Louis Post-Dispatch. If homeowners refuse to allow police to randomly search their homes, police by they leave but "of course police keep a close eye on them " "We figure they have something to hide," said Lt. Joseph Richardson commander and creator of the 1 8-member Mobile Reserve Unit, which roams the city conducting these searches. "The key, he said, is getting inside the home ... We'll say something like 'We see you've BOUGHT three [guns]. Do you still have them?"' The article continued, "And on the wall in the Mobile Reserve's offices hangs a list of about 80 gun owners targeted for checking - - either people who list themselves as unemployed but who recently bought ... guns, or homemakers whose husbands have long arrest records." BRADY BILL LAW SUIT UPDATE 3 of 4 COURTS SAY BRADY LAW UNCONSTITUTIONAL Six lawsuits have been filed by sheriffs in six different states challenging the constitutionality of the "Brady Law." (Suits filed in Montana. Mississippi, Texas, Arizona, Louisiana and Vermont). Federal judges have now ruled in four of the suits: three ruled the "Brady background check" unconstitutional and one avoided a clear ruling. On May 16, 1994, a U.S. District Court in Montana ruled that the provision of the Brady law requiring a check of criminal records is a violation of the Tenth Amendment of the U.S. Constitution and is unenforceable anywhere in the country -- because it substantially commandeers state officials to administer a federal program. On May 31, 1994, a federal judge in Texas attempted to "find a way around" the Constitution by ruling that if the legislation is found to be unreasonable, law enforcement is under no obligation to conduct the background checks. The judge simply avoided the question of constitutionality and avoided a definitive ruling. On June 2, 1994, a U.S. District Court in Mississippi ruled the Brady law an unconstitutional violation of the Tenth Amendment. The latest ruling by a U.S. District Court in Arizona is the third federal court, to rule the "Brady law" unconstitutional. On June 28, 1994, siding with law enforcement, Judge John M. Roll declared that the mandatory background checks in the Brady Act violates the Tenth Amendment and is unconstitutional. Further, the court ruled the Brady Act "unconstitutionally vague under the Fifth Amendment." As of this report, no rulings on the remaining suits in federal court in Louisiana and Vermont have been issued. As it stands now three of four courts that have ruled, agree with the arguments made by NRA against the Brady Act while it was in bill form. CHILES OWNS A "LITTLE ASSAULT WEAPON" GOV. LAWTON "Ban All Assault Weapons But Mine" CHILES IS RUNNING FOR RE-ELECTION You can run but you can't hide! Florida Governor Lawton Chiles, who supports banning so-called "assault weapons," got caught red handed. He owns the type of firearm that he doesn't trust you to own -- and he tried to hide his hypocrisy. The web of denials, the attempts to hide the gun, the lies, and the hypocrisy came unraveled and the Governor finally had to admit he owns the .223 Ruger Mini 14 with a camouflage folding stock and pistol grip that had been taken to a Tallahassee gun shop for service. Now he's running for re-election and probably expects you to believe he's a "sportsman." Governor Chiles was untruthful with a television reporter and told him he owned no such gun. He said he owned a Ruger .22 -- not a Ruger Mini-14. The Governor aide, Ron Sachs called the gun shop where the Mini 14 was in for repairs and asked the gun shop owner (a friend of Chiles) to get the gun out of sight -- in other words, hide it. The gun shop owner refused. They then tried to claim the gun belonged to an aide. You'll want to remember these quotes about the Mini 14 from Governor Chiles and from reporters: MIAMI HERALD , 5/10/94. "But Chiles told the television reporter he owned no such gun. He said he owned a .22 caliber rifle which uses smaller cartridges than the .223 caliber semi-automatic in the gun shop." ... "Lawton knows his guns better than that'' responded John Underwood, friend of Chiles and owner of the gun shop. "Sachs [Chile's aide] later acknowledged Chiles owned the gun ... He contended the governor may have unintentionally used the wrong terminology to describe it and asked the gun shop owner to remove it from public view." TAMPA TRIBUNE 5/10/94: "It's a little, little gun, it's not an assault weapon." Chiles said. ORLANDO SENTINEL 5/10/94: "I've supported a ban on assault weapons," Chiles said. It's [the Mini 14] not an assault weapon. It's a rifle I got for turkey hunting; it folds up." ORLANDO SENTINEL 5/10/94: "I've got all kinds of guns. The way you've portrayed it is I'm sitting there with an assault weapon." TALLAHASSEE DEMOCRAT 5/10/94: "I couldn't hit'em [turkeys, with the Mini 14]. I use a shotgun. that's what I do better with." ORLANDO SENTINEL 5/10/94; "I've only shot the gun four or five times. Sure I'll get rid of it if it's on the list." THEN ON MAY 21, 1994, CHILES CHANGED HIS MIND AND TOLD THE PRESS: "I've been offered some awfully big prices for my little gun," the governor said. "I think though I would have a harder time answering to you all if I sold the gun than if I get a different stock for it. So I just may do that," he said. (FT. LAUDERDALE SUN-SENTINEL~ FLORIDA CANDIDATE RATINGS DUE SOON Unified Sportsmen of Florida's "candidate Rating Guide" is scheduled to be mailed to members prior to the September 8, 1994, Primary Election. Each election, USF sends out a questionnaire to all candidates for the Florida Legislature, Florida Cabinet and Florida Congressional offices. Through information submitted by candidates on questionnaires, statement letters from candidates past voting records of incumbents, etc. we grade candidates on Second Amendment self-defense issues and prepare this information for dissemination to our members. In addition to sending a rating guide to members prior to the Primary Election, USF also sends members a new updated guide prior to the General Election. We provide our members with the information they need relating to gun control positions of candidates before they go to the polls to vote. BE SURE YOU'RE REGISTERED TO VOTE !! MEMBERSHIP IN UNIFIED SPORTSMEN OF FLORIDA IS $25 PER YEAR. STAY INFORMED AND HELP PROTECT YOUR RIGHTS! Make checks payable to "USF" and mail to P.O. Box 6565, Tallahassee, Florida 32314-6565, OR CALL (904) 222-9518 WITH VISA OR MASTERCARD.