From ca-firearms-owner Tue May 17 16:30:09 1994 Received: from localhost (chan@localhost) by jobe.shell.portal.com (8.6.4/8.6.5) id QAA17665 for ca-firearms-outgoing; Tue, 17 May 1994 16:29:22 -0700 Received: from nova.unix.portal.com (nova.unix.portal.com [156.151.1.101]) by jobe.shell.portal.com (8.6.4/8.6.5) with ESMTP id QAA17657 for ; Tue, 17 May 1994 16:29:20 -0700 Received: from guardian.apple.com (guardian.apple.com [130.43.2.9]) by nova.unix.portal.com (8.6.7/8.6.5) with SMTP id QAA03297 for ; Tue, 17 May 1994 16:25:48 -0700 Received: from federal-excess.apple.com by guardian.apple.com with SMTP (5.65/8-Oct-1993-eef) id AA03011; Tue, 17 May 94 10:24:18 -0700 Received: from quickmail.apple.com by federal-excess.apple.com with SMTP (5.64/26-Sep-1993-eef) id AA25085; Tue, 17 May 94 10:23:21 PDT for ca-firearms@shell.portal.com Message-Id: <9405171723.AA25085@federal-excess.apple.com> Date: 17 May 1994 10:21:43 -0800 From: "Earl Wallace" Subject: Brady Holes To: "Calif Firearms" Sender: ca-firearms-owner@shell.portal.com Precedence: bulk Status: RO Brady Holes >From the Reuters News Service: NRA WINS BEFORE FEDERAL JUDGE IN MONTANA A federal judge in Montana has blown a big hole in the Brady gun control law. U.S. District Court Judge Charles Lovell says the portion of the new law that requires local police departments to run background checks on people who want to buy handguns is unconstitutional. A Montana sheriff and the National Rifle Association teamed up to challenge the law. They say Congress doesn't have the power to force local law enforcement agencies to do its bidding. The judge did not strike down the law's mandatory five-day waiting period for handgun purchases. From ca-firearms-owner Tue May 17 12:08:21 1994 Received: from localhost (chan@localhost) by jobe.shell.portal.com (8.6.4/8.6.5) id MAA00473 for ca-firearms-outgoing; Tue, 17 May 1994 12:08:00 -0700 Received: from nova.unix.portal.com (nova.unix.portal.com [156.151.1.101]) by jobe.shell.portal.com (8.6.4/8.6.5) with ESMTP id MAA00467 for ; Tue, 17 May 1994 12:07:58 -0700 Received: from wrdis01.robins.af.mil (wrdis01.robins.af.mil [192.41.249.81]) by nova.unix.portal.com (8.6.7/8.6.5) with SMTP id MAA05267 for ; Tue, 17 May 1994 12:07:42 -0700 Received: by wrdis01.robins.af.mil id AA02011; Tue, 17 May 94 15:05:09 -0400 Message-Id: <9405171905.AA02011@wrdis01.robins.af.mil> Date: Tue, 17 May 94 15:05:09 -0400 From: dhughes@wrdis01.robins.af.mil (Dolly Hughes) Subject: Gun law challenged To: ca-firearms@shell.portal.com Sender: ca-firearms-owner@shell.portal.com Precedence: bulk Status: RO Helena Mont.-- 17 May 1994 ====================================================================== The Brady handgun control law's requirement that local law enforcement officials run background checks on anyone wanting to buy a firearm is unconstitutional, a federal judge ruled Monday. But US District Judge Charles C. Lovell left in place another provision of the law that mandates a five-day waiting period to purchase a gun. During the waiting period, local law enforcement agencies are suppose to check to be sure a gun buyer is an adult and doesn't have a felony record or a drug, alcohol or mental problem that would bar a purchase. Lovell said the law's order for local law officers to perform the check commandeers state officials to administer a federal program. That violates the constitutional limits on the federal government's power over the states. Larry Elison, professor of constitutional law at the University of Montana, said the ruling does not necessarily apply outside Montana. Federal courts in other states could reach different conclusions that ultimately would have to be resolved in appeals to the US Supreme Court. The Montana lawsuit was filed by Ravalli County Sheriff Jay Printz, part of a multistate effort by the National Rifle Association to overturn the law. The NRA provided lawyers to argue the case on Printz's behalf. Lovell rejected the US Justice Department's argument that the background checks are optional and that no law officers would face punishment if the work wasn't performed. Congress turned down attempts to make the checks discretionary. Lovell said the law requires local authorities to divert time, money and employees to perform the background checks. State and local officials could be forced to increase budgets or reduce services to comply with the mandates. The judge declened to throw out the five-day waiting period. He said eliminating the background checks does not affect provisions controlling the actual sale of handguns. Although Printz and the NRA argued that Congress would not have enacted the law without mandatory background checks, Lovell said he found no proof that was the case. Paul Williams, executive director of the Citizen's Committee for the Right to Keep and Bear Arms, said the entire law should be scrapped. "We now have a Brady bill that has no purpose except to make law-abiding people wait", he said in a telephone interview. The law is named for former presidential press secretary James Brady, who was wounded in the assassination attempt on President Reagan. ====================================================================== I apologize if this is old news, but maybe it's a start in the right direction for the rest of the lower 48. NRA is still kicking. Dolly ************** **************** No, I'm NOT Madonna. I'm BETTER than Madonna will ever be. ************** ****************