Fw: NRA-ILA FAX Alert Vol. 8, No. 40 10/5/01

From: Royce C Hayes (rc_hayes1@juno.com)
Date: Fri Oct 05 2001 - 19:25:17 PDT


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CONGRESS CONSIDERS
"DEMILITARIZATION" REQUIREMENT

This week, the U.S. Senate passed S. 1438, the Department of Defense
(DoD) annual authorization bill, which contains a provision that is of
grave concern to hunters and sport shooters. Section 1062 of this bill
provides the Secretary of Defense with the authority to require
"demilitarization" of any "significant military equipment" that has ever
been owned by the DoD. This would include all firearms (such as the
venerable M1, M1 Carbine, and Model 1911, as well as all Civilian
Marksmanship Program rifles, even "sporterized" surplus bolt-action
Springfields!); firearm parts such as barrels, bolts, triggers, firing
pins, sights, etc.; ammunition and ammunition components; and firearm
accessories such as cleaning rods, oilers, and even cleaning brushes.
"Demilitarization" is the term for rendering such items permanently
inoperable, and Sec. 1062 allows for this action to be carried out either
by the owner or a third party, with the owner paying the cost, or by the
DoD. However, if the DoD determines it should perform the
demilitarization, it can also determine that the cost of returning the
demilled item is prohibitive, then simply keep the item, and reimburse
the owner only for the fair market scrap value of the item.

Furthermore, this new authority would require private citizens to
determine for themselves if an item they own is subject to
demilitarization, and face criminal penalties for non-compliance. The DoD
would be under no obligation to notify law-abiding citizens that items
they have lawfully owned for years, and perhaps that their families have
owned for generations, are suddenly subject to forced demilitarization.
This becomes extremely significant when one considers that U.S. military
surplus has been regularly-and legally-bought, sold, and traded for
centuries. Countless Americans own items that could be subject to Sec.
1062. It is likely millions of law-abiding Americans would be affected,
and could unknowingly become criminals overnight without having done
anything or having ever been informed.

The DoD already has the authority and responsibility to demilitarize any
item it sells as surplus, so there is absolutely no reason to seek new
authority to confiscate and destroy lawfully sold and lawfully owned
items that are now the property of private citizens. Be sure to contact
your U.S. Senators at (202) 224-3121, and your U.S. Representative at
(202) 225-3121, and urge them to strike Sec. 1062 from S. 1438, the
"National Defense Authorization Act for FY 2002." The 24 members of the
Senate Armed Services Committee and the 60 members of the House Armed
Services Committee especially need to hear from you. To find out if any
of your lawmakers are on either committee, you can use NRAILA.org`s
"Write Your Reps" tool.

SUPPORT THE SMITH/BURNS AMENDMENT

In the aftermath of the terrorist attacks of September 11, various
proposals have been offered to deal with airline security. One proposal,
sponsored by U.S. Senators Bob Smith (R-N.H.) and Conrad Burns (R-Mont.),
addresses air safety by allowing properly trained commercial pilots,
co-pilots, and flight engineers to carry firearms aboard commercial
airplanes. Along with the possibility of U.S. Air Marshals accompanying
commercial flights, this measure would allow armed pilots, with proper
training and suitable equipment, to be the last line of defense against
hijackers and terrorists in providing cockpit and aircraft security, thus
sending a strong message to potential attackers that self-defense exists
in the air as well as on our land. Be sure to call your U.S. Senators at
(202) 224-3121, and urge them to support the Smith/Burns amendment to S.
1447, the "Aviation Security Act." You can also find contact information
for your U.S. Senators by using NRAILA.org`s "Write Your Reps" tool.

AGS CONTINUES TO TRY
TO EXPLOIT FEAR OVER TERRORISM

Last week, we reported the shameless attempt by Americans for Gun Safety
(AGS) to exploit the terrorist attacks on September 11 as a tool to
promote its anti-gun agenda. Unfortunately, this was not an isolated
incident, and this week, AGS has continued this disgraceful tactic. The
latest effort from AGS involves yet another appalling attempt to foster
the ruse that there is a link between gun shows and terrorism, but it
falls just as flat as last week`s attempt. AGS cited a case involving
alleged terrorists who had violated existing federal gun laws, among them
making "straw purchases" of firearms. As was the case with last week`s
story, though, the system worked here again. The illegal purchases were
uncovered, and the perpetrators were arrested, prosecuted, and convicted.
Even more embarrassing for AGS is the fact that they alleged the
perpetrators were linked to the Irish Republican Army, but the record
shows the jury rejected the prosecution`s charge that the guns were
intended for the IRA.

It is clear that AGS will continue to stoop to these depths as it tries
desperately to exploit the September 11 tragedies to help jumpstart its
attacks on legal gun shows. Be sure to remind your federal lawmakers that
attacks on legal gun shows, such as S. 767, introduced by U.S. Senator
Jack Reed (D-R.I.), and S. 890, introduced by U.S. Senators Joseph
Lieberman (D-Conn.) and John McCain (R-Ariz.), have no place in a
congressional debate on the threat of terrorism. Contact your U.S.
Senators, at (202) 224-3121, and your U.S. Representative, at (202)
225-3121, and urge them to do everything possible to end the threat of
terrorism, but not at the expense of our freedom! You can also find
contact information for your federal lawmakers by using NRAILA.org`s
"Write Your Reps" tool .

BELLESILES ORDERED
TO RESPOND TO CRITICS

Michael Bellesiles, author of the controversial book Arming America: The
Origins of a National Gun Culture, has been told he must defend the
oft-criticized "research" that was the basis of his book. Bellesiles is
currently an historian at Emory University, and the clamor of controversy
surrounding his book has reached such a volume that James Melton, Emory`s
history department chairman, told the Boston Globe Bellesiles must
"defend himself and the integrity of his scholarship immediately." The
book, according to the author, is a culmination of research that
indicates that most Americans around the time of our country`s formation
did not own firearms. This, of course, is contrary to reams of scholarly
research showing that America has always been a nation where the
possession of firearms by responsible, law-abiding, private citizens has
been widespread.

While this book initially received high praise from gun-ban extremists
and the anti-gun media (the New York Times actually gave the book praise
before it was ever released), numerous historians and journalists have
since raised extensive criticism of Bellesiles`s research. Gerald
Rosenberg, a visiting professor of law at Northwestern University, told
the Wall Street Journal`s Kimberley Strassel in April, "...[T]he evidence
is so overwhelming that it is incumbent upon Bellesiles as a serious
scholar to respond. He either has to admit error, or somehow show how his
work is right."

Strassel`s April 5 article mentioned several other critics of Bellesiles,
including UCLA law professor Eugene Volokh, who has pointed to examples
of Bellesiles either misquoting sources, or citing sources that do not
contain the information the Emory professor claims they contain; Bentley
College history professor Joyce Lee Malcolm, author of To Keep and Bear
Arms: The Origins of an Anglo-American Right; Northwestern professor of
law James Lindgren, who has tackled what many reviewers have considered
to be the most compelling aspect of Bellesiles research-his use of
probate records (Lindgren came up with starkly different results showing
widespread ownership of firearms in early America); and Randolph Roth, an
associate history professor at Ohio State University who examined
Lindgren`s work on probate records and commented that "it looks as though
Mr. Bellesiles work won`t be reproducible."

According to Strassel, Bellesiles told her that many of his critics are
"ideologically motivated," but she points out that Rosenberg and Lindgren
all told her that they favor gun control. Bellesiles has also revealed
that he did not keep a database (rather odd in the age of computers), but
kept all his data on paper notes, which he claims were destroyed in a
flood.

Even more recently, Melissa Seckora of National Review called
Bellesiles`s research "one of the worst cases of academic
irresponsibility in memory." In an article originally posted to the
Internet on September 11, but which can now be found online and in the
October 15 issue of National Review, Seckora reveals that Bellesiles`s
claim of having researched San Francisco probate records from the 1840s
and 1850s seems to be a complete fabrication. According to Seckora, every
source Bellesiles cited for these probate records indicated the records
did not exist, as all were destroyed in the San Francisco earthquake and
fire of 1906. While we certainly look forward to the detailed defense of
his research Bellesiles has been told to produce, it is likely it will
simply inspire a new round of questions from historians.

A LOOK AT THE STATES

CALIFORNIA

On Thursday, October 11, Assemblyman Dennis Hollingsworth (R-Murrieta)
(Note: scheduled speaker originally was Senator Rico Oller) will provide
NRA members with an inside look at legislation affecting the pro-gun
community and what we can expect to see before the Legislature in 2002.
In addition, NRA-ILA California State Liaison Ed Worley and attorney
Chuck Michel will give an update on gun-related matters before the
courts. This is an opportunity for Southern Californians to hear what`s
happening in Sacramento and learn how you can get involved in the fight
to protect your Second Amendment rights in California! The event will
take place at the Sportsmen`s Lodge Hotel, at 12825 Ventura Blvd., in
Studio City, at 7:00 p.m.

NORTH CAROLINA

The North Carolina lawsuit preemption bill, SB 680, was passed out of the
House Finance Committee this week WITHOUT any of the restrictive gun show
language added to previous versions. It will probably be brought before
the House next week for a vote. Call your state Representative and urge
him to support SB 680 WITHOUT AMENDMENTS when it comes up for a vote on
the House floor. You can find contact information for your Representative
by using NRAILA.org`s "Write Your Reps" tool.

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