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utah-firearms-digest      Tuesday, July 14 1998      Volume 02 : Number 085




----------------------------------------------------------------------

Date: Mon, 13 Jul 1998 15:03:17 -0600
From: "David Sagers" <[e-mail]>
Subject: Dangers of CCW

By L. Neil Smith
[e-mail]=20

Exclusive to The Libertarian Enterprise=20


Recently we've heard astonishing fallout from an impressive study of the =
achievements, so far, of a growing effort -- almost amounting to a =
movement -- to make it easier for ordinary folks to legally carry =
concealed weapons.  In states where this effort has been successful, crime =
rates (in terms of violent confrontation) have fallen so dramatically even =
the media can no longer deny it.  Advocates of the right to own and carry =
weapons rendered cynical by years of watching media act as a fourth branch =
of government, rather than its adversaries as Jefferson intended, are =
inclined to wonder why the hairsprayheads have decided, unprecedentedly, =
to tell the truth.  I suspect an answer lies in a troubling aspect of =
concealed carry I've attempted to warn gunfolk about previously.

When I entered the argument three and a half decades ago, the issue where =
both sides were concerned was registration and licensing.  Antigunners =
wanted every firearm in the country listed in government directories, =
every user required to obtain written permission to exercise his Second =
Amendment rights -- rights to be converted into privileges, revocable upon =
the whim of politicians and bureaucrats.=20

Antigunners were unsuccessful until 1968, when, grotesquely stampeded by =
the assassinations of John Kennedy, Robert Kennedy, and Martin Luther King =
(I don't recall any similar outrage on the part of the media over the =
shooting of George Wallace), government began enforcing the registration =
of weapons, new and used, at the point of retail sale, under Lyndon =
Johnson's Omnibus Crime Control Act.

Over the next quarter-century, we managed to "live with" this law, which, =
with the collaboration of a criminal justice system so putrescently =
corrupt it shines in the dark, blatantly violated the letter and intent of =
the Second Amendment.  It helped that guns in private hands or traded =
among individuals didn't enter the retail stream and remained unregistered.=
  It also helped that, thanks to Ronald Reagan, the outlaw BATF (what else =
do you call an out-of- control agency that coldbloodedly murders 81 =
individuals -- 22 of them kids -- and whose very existence is forbidden by =
the Constitution?) was prohibited from computerizing forms generated under =
the 1968 Gun Control Act.  And there was still no provision for licensing =
owners.

Now, the danger of a national Sullivan Act has raised its stealthy head =
again, brought on by well-intended but misguided efforts to issue =
concealed carry permits.  The danger is exacerbated by the fact that this =
extremely circumscribed return of a fundamental liberty has produced such =
remarkably beneficial results.  It reminds us of the way, in the Soviet =
Union, that the 5% of farmland privately owned produced 80% of the crops.  =
Even from our own side, we hear how crime is falling in states that =
generously allow 1% of the people to carry weapons.  But there can be no =
"allow" where an unalienable individual, civil, Constitutional, and human =
right is concerned.

One more time, just to get it straight: there is no "allow".  The word =
applies only to slaves, collared dogs, maybe children, and government.  It =
does not apply to free adults.  We've forgotten that, in America, unlike =
any other nation on Earth, "We the People" allow government to do things =
(too many, as we're belatedly starting to realize), not the other way =
around.  That's the point of the 9th and 10th Amendments.  Second-highest =
on the list of things we don't allow is interference with our right to own =
and carry weapons.

It's undeniable that crime has decreased wherever the right to own and =
carry weapons, previously suppressed, has been converted into a privilege, =
granted or denied by the state.  Overlooked, however, is the fact that, in =
1994, Vermont was named (Crime State Rankings 1994) the safest state in =
America.  It's the only state without laws of any kind forbidding -- or =
allowing -- concealed weapons.  Hence the term, "Vermont Carry", which I =
coined years ago to describe the proper way to observe the Second =
Amendment.

Where licensing proponents tip their hand is that, in many states, in many =
versions of concealed carry legislation, failure to comply with their =
illegal requirements becomes -- without explanation or justification -- a =
felony rather than the misdemeanor it was before.

In other instances, the applicant -- make that, "supplicant" -- must name =
the weapon he or she will be allowed to carry, along with its serial =
number.  Thus we've come, the long way around, by our own clumsy doing, to =
the registration and licensing we once opposed.

An unalienable right is one that can't be taken away by anyone for any =
reason.  All rights are individual rights; no group has rights beyond =
those possessed individually by its members.  My dictionary says a civil =
right is one guaranteed (not "given" or "granted") to the individual by =
law.  A Constitutional right is no right at all, but a limit on the power =
of government.  A human right is one you possess inherently, by virtue of =
being alive; it's what we mean when we say "natural" right.

The right to own and carry weapons is all of these things, not one -- not =
even civil rights; that's why we busted big fat segregationist sheriffs in =
Smokey Bear hats and mirrored sunglasses in the 1960s -- subject to =
government approval.

Anti-gunners are striking back, suing to expose permits lists, violate =
privacy, endanger lives.  The law is with them: permits are a matter of =
public record and must be disclosed.  Elsewhere, we hear of discriminatory =
licensing based on income or race.  In terms of potential abuses, you =
ain't seen nothin' yet.

The Libertarian Second Amendment Caucus, SAFE (Second Amendment is For =
Everyone), and GOLF (Gun Owners' Liberation Front) were the first to =
demand nothing less than Vermont Carry -- repeal of any law having =
anything to do with how people carry weapons.  We're gratified that SWARM =
(Safety for Women And Responsible Motherhood) and GOA (Gun Owners of =
America) have followed suit.

It's time for the National Rifle Association to join us in calling for a =
national non-system of Vermont Carry.  No prerequisites, no records, no =
nothing.

Then watch the crime rate start to fall.=20

L.  Neil Smith's award-winning first novel, The Probability Broach, which =
has long been out of print, will be republished by TOR Books this October. =
 A complete list of his novels and collection of his essays and other data =
may be reached on the World Wide Web through  http://www.webleyweb.com/lnei=
l/.  Permission to redistribute this article is herewith granted by the =
author, provided that it is reproduced unedited, in its entirety, and =
appropriate credit given.

- ------------------------------------------------------------------------
A Juror's Creed: As an American juror, I will exercise my 1000 year old =
duty to arrive at a verdict, not just on the basis of the facts of a =
particular case or instructions I am given, but through my ability to =
reason, my knowledge of the Bill of Rights, and my individual conscience.  =
- -- L. Neil Smith
- ------------------------------------------------------------------------

.. My concealed carry permit is my birth certificate - L. Neil Smith

- -

------------------------------

Date: Tue, 14 Jul 98 08:14:00 -0700
From: [e-mail] (SCOTT BERGESON)
Subject: Handguns

- ---------- Forwarded message ----------
Date: Tue, 14 Jul 1998 03:05:07 -0400
From: "John A. Quayle" <[e-mail]>
Subject: Handguns

[Federal Register: July 13, 1998 (Volume 63, Number 133)]
[Rules and Regulations]
[Page 37739-37743]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13jy98-20]

[[Page 37739]]
_______________________________________________________________________

Part VI

Department of the Treasury
_______________________________________________________________________

Bureau of Alcohol, Tobacco and Firearms
_______________________________________________________________________

27 CFR Part 178

Posting of Signs and Written Notification to Purchasers of Handguns;
Final Rule

[[Page 37740]]

- -----------------------------------------------------------------------

DEPARTMENT OF THE TREASURY

Bureau of Alcohol, Tobacco and Firearms

27 CFR Part 178

[T.D. ATF-402; Ref: Notice No. 855]
RIN 1512-AB68

Posting of Signs and Written Notification to Purchasers of Handguns

AGENCY: Bureau of Alcohol, Tobacco and Firearms (ATF), Department of
the Treasury.

ACTION: Final rule.

- -----------------------------------------------------------------------

SUMMARY: The Bureau of Alcohol, Tobacco and Firearms (ATF) is amending
the firearms regulations to require that signs be posted on the premises
of Federal firearms licensees and that written notification be issued
with each handgun sold advising of the provisions of the Youth Handgun
Safety Act.

EFFECTIVE DATE: September 11, 1998.

FOR FURTHER INFORMATION CONTACT: Marsha D. Baker, Regulations Division,
Bureau of Alcohol, Tobacco and Firearms, Washington, DC 20226 (202-927-8210).

SUPPLEMENTARY INFORMATION:

Background

    The Youth Handgun Safety Act (YHSA), 18 U.S.C. 922(x), generally
makes it unlawful for a person to transfer a handgun to anyone under 18
years of age or for anyone under 18 years of age to knowingly possess a
handgun. Certain exceptions are set forth in the statute.
    In enacting the YHSA in 1994, Congress found that criminal misuse
of firearms often starts with the easy availability of guns to juvenile
gang members. In addition, Congress found that individual States and
localities may find it difficult to control this problem by themselves.
Therefore, Congress found it necessary and appropriate to assist the
States in controlling violent crime by stopping the commerce in
handguns with juveniles nationwide and allowing the possession of
handguns by juveniles only when handguns are possessed and used under
certain limited circumstances.
    In a memorandum to the Secretary of the Treasury dated June 11,
1997, the President stated that a major problem in our nation is the
ease with which young people gain illegal access to guns. The President
observed that firearms are now responsible for 12 percent of fatalities
among American children and teenagers.
    The President's memorandum directed the Secretary of the Treasury
to propose regulations that would require the posting of signs and
issuance of written notices warning handgun purchasers of the
provisions of the YHSA.

Notice of Proposed Rulemaking

    In response to the concerns raised by the President's memorandum,
ATF published Notice No. 855 in the Federal Register (62 FR 45364) on
August 27, 1997. To enforce the provisions of the YHSA and to ensure
that handgun purchasers are familiar with its provisions, the Notice
of Proposed Rulemaking (NPRM) proposed regulations requiring that
signs be posted on the premises of Federal firearms licensees and that
written notification be issued by licensees to nonlicensed handgun
purchasers warning as follows:

    (1) Federal law prohibits, except in certain limited circumstances,
anyone under 18 years of age from knowingly possessing a handgun, or
any person from transferring a handgun to a person under 18;
    (2) A violation of the prohibition against transferring a handgun
to a person under the age of 18 is, under certain circumstances,
punishable by up to 10 years in prison;
    (3) Handguns are a leading contributor to juvenile violence and
fatalities; and
    (4) Safely storing and locking handguns away from children can
help ensure compliance with Federal law.

    The proposed rule stipulated that signs provided by ATF must be
posted by licensed importers, manufacturers and dealers on their
licensed premises where prospective handgun purchasers can readily
see them. In addition, the written notification to be issued to each
handgun purchaser must be made available either by providing the
purchaser with an ATF Publication or some other type of written
notification that contains the same language, e.g., a manufacturer's
or importer's instruction manual or brochure provided to the handgun
purchaser.

Analysis of Comments

    ATF received sixty-two (62) comments during the comment period in
response to Notice No. 855. These comments were received from fifty-
three (53) members of the public, one (1) Member of Congress, four (4)
Federal firearms licensees (FFLs), and four (4) firearms industry
organizations. Five (5) of the respondents were in agreement with the
proposed regulations. Fifty-seven (57) respondents opposed certain
provisions of the proposed regulations.



- -

------------------------------

Date: Tue, 14 Jul 1998 08:36:43 -0600
From: "David Sagers" <[e-mail]>
Subject: Fwd: Modern Framing Techniques, A Gross Miscarriage of Justice

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Subject: Modern Framing Techniques, A Gross Miscarriage of Justice
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GUEST EDITORIAL

                         Modern Framing Techniques
                       A Gross Miscarriage of Justice

by RICHARD V. PITNER MSG USA (ret)
[e-mail].

The following is a truthful, documented report on the Arrest, Trial and
incarceration of John Irvin Pitner.

John Irvin Pitner formed the Washington State Militia about four years =
ago.
The goal of this group was strictly non-violent and instructive to the
public concerning the violations of the Constitution and the inherent
danger of a New World Order. The BATF investigated the group and classified=

them as no danger to anyone. John Pitner's political philosophy was that
violence would not correct any problems at this stage of the development =
of
the NWO and the continuing intrusion of foreign troops on United States
Lands.

A three time convicted Felon, one Edward Maeurer offered his services to
the FBI in Bellingham, Washington while in Jail for forgery. The District
Agent for the FBI, Ramon Garcia, accepted his offer and paid him enough
money to pay his bail on the charge that he was in jail for. Maeurer had
previously approached the County Sheriff with the same offer, but was
rebuffed. Maeurer had been previously fired as an informant for the FBI
because he had divulged his undercover status to a friend.

In June 1996 Maeurer began attending meetings of the WSM, and by August he
was reporting to Agent Garcia that he had observed a "fortified room" at
John Pitner's house, where boxes of dynamite, a box of grenades,
fertilizer, and fully automatic weapons were kept for the group. Garcia's
response was to initiate a formal investigation of the WSM. Maeurer was
being amply paid by Garcia for these later proved lies. He collected over
$25,000 of the taxpayers money from Agent Garcia for his ability to
fabricate, lie and swear under oath that his data was true. Maeurer was
also guilty of fraud while working for the FBI as he was drawing Labor and
Industry payments at the same time he was being paid by the FBI. That is a
felony and if any of us ordinary people did that, we would wind up in =
Jail.

The Judge in this case ignored that fact and did nothing about it. The =
same
as when the two FBI Agents, while under oath on the witness stand, =
admitted
that they had entered John Pitner's house without a Warrant. All this =
Judge
had to say about that was "I CAN'T BELIEVE I AM HEARING THIS!" Nothing
further was done about it.

During the fall of 1995 and early winter of 1996, Maeurer continued to =
send
reports of illegal activities to Garcia, including reports that the group
possessed stolen night vision devices taken from Fort Lewis, Washington,
and that they were plotting to kill Federal Agents, and intended to
assassinate David Rockefeller. All of this was fabricated by Maeurer to
insure that his pay check would continue to come in.

In February, 1996 Garcia prepared to insert an undercover FBI Agent into
the WSM, namely, SPECIAL AGENT MICHAEL GERMAN. German would establish a
false identity as "ROCK", A childhood friend of Maeurer's from California,
and would pose as a buyer and seller of surplus military equipment.

As a prelude to that plan, Garcia ordered the paid informant to submit to =
a
polygraph examination, administered by Special Agent Raymond Lauer. On
February 20th, during the pre-test interview, Maeurer recanted his =
previous
reports about seeing fully-automatic weapons, grenades, and dynamite at
Pitner's home. Now he was not sure any of them had actually been there,
only their boxes. Agent Lauer then administered the test, which Maeurer
FAILED.

After the first Polygraph, and informed that he had failed, Maeurer again
changed his story about what he had, or had not, seen in Pitner's house.
The fortified room became Pitner's Garage. The report about stolen
night-vision devices was recanted. He also admitted that he had again told
someone he was working as an undercover FBI Informant. Agent Lauer then
administered the test for the second time, and again, Maeurer FAILED. (At
Trial, this evidence of failed polygraph tests was precluded from the Jury
by the Presiding Judge, John Coughenour, and Maeurer testified to his
original FBI reports). This is the false data that was presented to the
Grand Jury and caused a false indictment to be determined by that Grand
Jury. Therefore, the entire case began and ended based on the testimony of
a LIAR.
[NOTE: Judge John Coughenour earlier this year dropped Manslaughter =
charges
against FBI assasin Lon Horiuchi, citing Article 6 of the US Constitution
as redering federal agents not subject to State laws such as Murder or
Manslaughter. ED]

Despite such clear evidence that Maeurer was unreliable, and that
operational security had been breached, Agent Garcia proceeded with the
undercover investigation, and Agent German was ordered to infiltrate the
WSM, posing as "ROCK". At this stage, Special Agent Garcia was invested
heavily into the investigation and in spite of evidence that nothing was
wrong, he continued to press forward.

In late April, Pitner's wife left him. In early May, he began to suffer
from visual problems and disorientation, which his family physician, Dr.
Scott Tarleton, diagnosed as a temporary short term stroke. Later that =
same
month, Pitner resigned as Director of the WSM due to his illness, marital
and financial problems. After repeatedly urging Pitner to re-assume
leadership of the WSM (to no avail), Maeurer and Agent German began to
assume absolute control of the organization themselves. They were both
appointed members of a four person leadership council, and began to take
charge of daily operations of the members. Up to this time, nothing had
happened that was illegal within the group. This was because John Pitner
would not have tolerated any activity that was illegal. In fact, he would
have probably reported them to the FBI himself for the things that they =
set
up after he was no longer active in the group.
[NOTE: Federal agents normally refuse top level leadership positions
because any crimes they order or permit to be committed are legally
sanctioned or ordered by the US government. They prefer the role of
"helpful advisor." ED]

During the remainder of the undercover FBI investigation, the two of them
(Maeurer and German) developed plans to obtain chemicals for home made C-4
Plastic Explosives, to instruct the members on how to make Pipe Bombs, and
how to convert semi-automatic weapons to fully Automatic, and to convince
the other WSM members that Pitner was not to be trusted anymore. Selected
members of the group were directed by the Undercover Agent and the =
Informer
to begin constructing Pipe Bombs, [NOTE: Ordered by the governenment to
commit the crime. ED] and started delivering them to the two undercover
Agents. "ROCK" (German) was supposedly selling them to raise funds for the
group. Again, John Pitner, being no longer associated with the group, had
no knowledge of these illegal happenings going on as initiated by the
Undercover Provocateur's.

Special Agent German rented a warehouse in Bellingham, Washington to use
for meetings, weapons storage, and stockpiling supplies and equipment. He
went to the BATF and asked for help in acquiring a couple of semi-automatic=

weapons to use in entrapping the people of the WSM by getting them to
convert the weapons to fully automatic. The BATF turned him down, telling
him that they had also investigated this group and found them not =
dangerous
at all. He acquired a pair of M-15 semi-automatic rifles and the necessary
parts for conversion to fully automatic. One of the members had some
gunsmithing experience and was selected as the one to do the job.
Incidentally, the warehouse in Bellingham was also planted with tape
recorders, audio and video cameras. The person who was going to do the
conversion said he could not do it without a machine tool of a certain
type. German promptly went out and bought him one. Again, I remind you =
that
John Pitner was not privy to any of this. In fact, the group was told by
the two Agents that John Pitner was specifically not to know of these
activities they were embarking on.

A class was scheduled for 27 July, where "ROCK" would teach how to make a
home-made C-4, after he had obtained the ingredients needed. The FBI made
plans for a mass arrest of everyone who attended. Separate plans were made
for John Pitner's arrest.

FBI Agents Garcia and Cathy Fahey made a pretextual visit to Pitner's =
home,
which had been placed on the market for sale, posing as prospective buyers
on July 25th. Pitner was out of town in Seattle, working for his sister =
who
owned a landscaping business during that time. The Agents met with =
Pitner's
Real Estate Agent at the home and went through the entire house,
familiarizing themselves with the layout, and examining the contents of =
the
house. Agent Garcia discovered two legal Rifles in a bedroom closet. This
was done WITHOUT A WARRANT!!

At 5:43 on the afternoon of the 27th, following the arrest of those in the
warehouse, FBI Agents Cathy Fahey, Stephan, and Burroughs - posing as two
interested buyers and the Real- Estate Agent, went to Pitner's home,
introduced themselves and asked to see the house. Pitner agreed, even
though they had no appointment. Once inside the house, the Agents =
abandoned
their subterfuge, pulled their weapons and placed Pitner under arrest. =
This
was also done WITHOUT A WARRANT!! Pitner offered no resistance, never
raised his voice, was completely cooperative with all requests made by the
arresting officers. He provided truthful information when asked for the
location of firearms in the house. He was asked to consent to a search of
the Garage and outbuildings, and signed a written consent to search. The
Agents did NOT ask him for consent to search the house which they had
already done illegally by surreptitious means. The Agents searched the
Garage and outbuildings and found nothing. At no time were there any
illegal weapons, bombs, bomb parts, fuses, grenades, dynamite, fertilizer,
or residue ever found at Pitner's house, or in his possession. As Pitner
was placed in the Police car for transport to jail, Special Agent =
Burroughs
commented to him, " well, Mr. Pitner, we don't have anything on you it
seems, but we're going to see to it that you go to jail for a couple of
years, anyway" Then, he laughed.

The Trial which ensued was a collage of evidence tampering by the Federal
Judge and the Prosecutors, the denial by the Judge of the protection of =
the
2nd and 9th amendments to the Constitution, continuous overruling of
objections by the defense, and a statement made by the Judge that THE 1ST
AMENDMENT MAY WORK IN THE STREET, BUT NOT IN HIS COURT [emphasis added.
ED]. It was obvious from the beginning of this trial that Justice was not
the obvious target of these people. In fact, the way that the charge was
made included John Pitner in all of the Provocateuring that the FBI Agent
and the Criminal informant did. The charge was against "JOHN I PITNER ET
AL". In this way, the Federal Prosecution included John as being also
involved in the illegal acts that they provoked the others into doing. It
was get these guys even if you have to cheat, lie, provoke, ad infinitum.
Along with the obvious violations of court procedure, the prosecution used
means other than evidence to make these people look bad. One graphic
example of that was the Federal Prosecutor utilizing verbal blasts by
saying JOHN PITNER in a loud voice, and then make the correction saying, =
"I
mean John Kirk" in a low voice making the emphasis on John Pitner's name =
to
the Jury when he was talking about John Kirk. He did it several times
during this trial.

John Pitner was charged with two counts, selling an automatic weapon and
conspiracy against the United States. The jury, a confused group under the
domination of Judge Cougenhour, found him guilty of selling the automatic
weapon when another man was the one that confessed to doing it. The =
weapon,
a Korean version of the UZI, was brought home by the young man's uncle
after military duty during that war. It was an antique almost 50 years =
old.

John Pitner never saw this weapon, and of course never touched it, so
therefore could not have sold it. In fact, the young man who was also
convicted of selling it sold it to one of the FBI Agents for $1,500.00,
exactly what John Pitner was asking for a Mustang car he had for sale.
Somehow, the sale of the car got inter- twined with the young man talking
about the weapon and wondering what it was worth. Use you imagination!! I
would like to see that tape examined by a sound engineer to see if it has
been tampered with. Added evidence that John Pitner had nothing to do with
the sale of the weapon is that the young man who was convicted of it =
signed
an affidavit to the effect that John Pitner had nothing to do with the
sale, nor knew about it. He also stood up in court and verbally stated the
same thing. No one believed him I guess, but they believed a proven liar,
the Criminal Informant Edward Maeurer, a three time felon. As of this
writing, the young man convicted of selling the weapon is out of jail. He
was released after spending about 18 months in prison. He has three years
of probation to endure always with the fear that he will be framed as John
Pitner was and returned to prison for something that he DID NOT DO.

The current status of John Pitner is that he will have completed two years
in custody as of July 28th, 1998. To date, he has not been sentenced for
the illegal conviction because the prosecutors have indicated they would
like to re-try him and two others on the conspiracy charge. John's =
Attorney
has filed an Appeal to the 9th Circuit Court, asking that the Double
Jeopardy rule be applied and to stop the Federal Prosecutors from pursing
this false charge of Conspiracy.

This appeal was filed several months ago, and it was just placed on the
Docket. This means that it could be another 14 months before the case is
heard by the 9th Circuit Court of Appeals. John Pitner has competed most =
of
the time that sentencing guidelines show, and is perhaps looking at =
another
year and a half before anything more happens. JUST WHERE IS THE CONSPIRACY
NOW?? I believe that there is a Conspiracy, by the Federal Government, to
contain John Pitner as long as they can, or even longer if they are =
allowed
to get away with it.

This entire miscarriage of Justice has caused John Pitner to lose his =
wife,
his property and his reputation. The Federal Government has managed, in
their zeal to attack anyone who says anything about them, to destroy this
Veteran of the US Army (who did his part and didn't go to Canada or hide
behind a Rhodes Scholarship to get out of the draft). He did his duty the
same as his father who gave 26 years of honorable service to the US
Military.

To all who read this, I implore you to make yourself heard so we can force
some kind of decision out of these delaying, lying, conniving Lawyers who
are daily ruining peoples lives in this Country. They must be stopped or
our Country is doomed to become a third world nation after the rest of the
world, through the UN, has raped us of all our 225 years of Freedom. GOD
HELP US IF IT IS NOT STOPPED.
- ---------------------------------------------------------------------------=

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- -

------------------------------

Date: Tue, 14 Jul 1998 14:20:53 -0600
From: "David Sagers" <[e-mail]>
Subject: Fwd: THIS HAPPENED IN ILLINOIS A FEW DAYS AGO !!!!!!!!!!! PLEASE READ

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To: Multiple recipients of list <[e-mail]>
Subject: THIS HAPPENED IN ILLINOIS A FEW DAYS AGO !!!!!!!!!!! PLEASE READ
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This incident happened a few days ago in Illinois, in the
Granite City/Edwardsville area.

The wife of a Granite City alderman was arrested and charged for
allegedly
carrying a loaded weapon into the Madison County Courthouse on
Wednesday morning ( 7-8-98)

The womans name is Pamela Partney, she was stopped by a madison county
Sheriff's Department deputy after he noticed the gun in her purse as she
passed
through the courthouses X-Ray equipment.

Partney told the deputies that she had forgotten that the weapon was
still in
her purse. She was charged with Unlawfull use of a weapon. The gun she
was carrying was a 6.35-caliber semiautomatic handgun.

Pamela Partney is the wife of  Granite City alderman Dan Partney who
has been prominent in Democratic politice in Madison County. Dan Partney

has said he and his wife are upset at the way the situation played out.
He said
his wife was treated like a common criminal.

Mrs Partney was at the courthouse for a civil suit she is currently
involved in.

Police set her bail at $15,000

Mr. Partney said his wife carries the gun for saftey reasons, that she
works
a night shift and travels on rual roads to St. Genevieve, MO where she
resides
in the couples other residence. Mr. Partney also said his wife brings
the gun
in from the car in her purse every morning when she comes home
from work, but because of the schedualed court appearance Wednesday his
wife was off work for a day and forgot to remove the gun from her purse.

Dan Partney was quoted as saying  " My wife tried to explain the
situation, her
lawyer tried to explain and nobody listened, so my wife spent the entire
day in
the Madison County Jail "        also    " She's very upset, its been a
very
emotional and traumatic day "

A court hearing has been scheduled for July 25 for Pamela Partney to
appear
on the gun charge.

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- ----

Here is the kicker about this story. This case is going to be prosecuted
by
Madison County States attorney Bill Haine. Several years ago an Attorney

named Rod Pitts was busted for shooting an AK-47 into the air just for
the hell
of it. He was charged with a felony. Well this Rod Pitts had a very
extensive firearm
collection. Bill Haine had the case and let Rod Pitts go on a misdemenor
charge
because he was an attorney and a felony conviction would hurt his
attorney standing
and also because of Mr. Pitts extensive weapons collection, because if
he was convicted
of a felony he would have to get rid of all his guns. Mr Pitts got the
easy treatment.
Buy would you or I get the same, better question yet will Pamela Partney
get the same
preferencial treatment. Lets make sure she dont!!!!!!!

If anyone wants to verify this story as true you can get a copy of the
Alton Telegraph
Thursday July 9, 1998 edition.  The story is on page A-5 in the lower
right hand corner.
The story appeared in this paper and was also on the local radio
stations.

We need to put pressure on Bill Haine to prosecute this case the same as
you and I will get prosecuted.
I might mention that Madison County is heavily a Democratic County,
infested with those who do not
believe WE the people should carry weapons for self defence. Our State
Police are the same way.
Its because of them we cant get concealed carry in Illinois (my
opinion). So I guess the story goes like
this, The Elites can carry and the citizens cant be trusted.

Contact info below :

States Attorney Bill Haine    618-692-6280

Reporter Dennis Grubaugh   618-656-7500   This guy wrote the Alton
Telegraph story

Madison County Sheriff Bob Churchich     618-692-4433

>From what I have learned this charge is a Class 4 Felony. If anyone
contacts these people,   some follow up
post would be appreciated.

John




- -

------------------------------

Date: Tue, 14 Jul 1998 17:08:14 -0600
From: "David Sagers" <[e-mail]>
Subject: Fwd: FCO 7-13-98

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From: Chris Knox <[e-mail]>
Subject: FCO 7-13-98
Date: Mon, 13 Jul 1998 23:05:30 -0700 (MST)
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     See last page for subscription and administrative information.
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July 13, 1998                                            Vol. 5, No. 6
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In this issue:

    Hard Corps Report for June 6

    Shotgun News Columns=20

       June 1 -- 'Instant Check' Headache

       June 11 -- 'Instant Check' Hearings

       July 1 -- Clinton's New Nose

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    For current legislative information, call the Firearms Coalition=20
Legislative Hotline =20
=20
                   1-900-225-3006 $0.89 per minute =20
=20
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A Note from Chris


     This is a long one, so I'll just point to a few links. =20

     The Philadelphia Convention was a brutal affair.  I vented into a=20
diary of the thing and put it at

   http://www.nealknox.com/fc/nra98/convention_diary.html

                           * * * * *

     I've looked for some time for an electronic copy of Fitzgerald v.=20
NRA.  It is now available at=20

   http://www.nealknox.com/fc/nra98/Fitzgerald_v_NRA.html

I had just started tinkering with a text only version when Chris=20
BeHanna told me that he had html-ified a copy.  From that case comes=20
the admonition, "officers and directors cannot utilize corporate=20
instrumentalities such as The American Rifleman to perpetuate=20
themselves in office."

     Well, they can if nobody sues them.

                           * * * * *

     Finally, I have put up a page covering Bob Barr's H.R. 3949 at=20
http://www.nealknox.com/fc/1998/barr.html.  The initial item on this=20
page, which will grow as the bill moves through the process, is an=20
answer to a query by one of our readers to the effect of "where was=20
Neal during the hearings on the Barr bill." =20

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   I wrote and am solely responsible for everything above this line.
                               Chris Knox
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Hard Corps Report

                                             June 12, 1998

Dear Friend and Supporter,

     The FBI plans to keep Brady Act "Instant Check" firearms
purchase records for 18 months -- despite the law's clear
prohibitions against keeping records on law-abiding citizens.

     Last week the FBI published its proposed regulations
implementing the "National Instant Criminal Background Check
System" (NICS), which goes into effect Nov. 30.

     Yesterday the House Judiciary Crime Subcommittee held a
hearing on those regulations and Rep. Bob Barr's bill (H.R. 3949)
which says FBI can't keep NICS records for more than 24 hours --
subject to 10 years imprisonment and a $250,000 fine -- and
forbids FBI from charging a fee.

     By allowing FBI to retain anything but a transfer number,
which is all the law provides, the courts could rule that H.R.
3949 supersedes the various prohibitions against Federal agencies
keeping any record or portion of record of a firearms purchase. =20

     But NRA's lawyers, and Rep. Barr's, contend existing law
wouldn't be affected, and that the 24-hour prohibition provision
will prohibit "rolling" computer backups that would keep the
records in perpetuity.  I hope they're right.

     Despite the whopping potential punishment for violating gun
owners' privacy, I can't believe an Attorney General Reno would
prosecute her own bureaucrats -- considering her refusal to
prosecute many flagrant violations by the Clinton Administration.

     I would feel better if H.R. 3949 specifically provided for
individual gunowners to be able to bring lawsuits against those
who wrongfully keep or misuse the records.  The bill's drafters
say they will consider that as an amendment.

     Although I asked to testify in yesterday's hearings, I
wasn't invited.  However, I plan to submit written testimony to
be sure these points are covered.

     "Instant Check" was created a decade ago as a tactic to head
off the Brady waiting period in Congress, but it developed a life
of its own.  The cure is proving worse than the illness.  =20

     NRA used an "Instant Check" bill to head off a Virginia
waiting period in 1991, but "Instant Check" caused the computer
system which made Virginia's one-gun-per-month law possible two
years later.  Now FBI is trying to use "Instant Check" to build=20
a national gun registration system.=20

     In 1992, Wayne LaPierre told our minority caucus of NRA
Directors that if we tried to prohibit NRA-ILA from supporting
the "Instant Check" he would resign.  We should have stood fast.=20

     In the 1998 election battle over what philosophies will
determine NRA policies, Charlton Heston's "Mainstreamers" stomped
the group I endorsed with an expensive negative ad campaign.  I
don't know who paid for it; their candidates say they didn't.

     As you may have seen on C-Span, in last Saturday's Members'
Meeting in Philadelphia I was personally attacked by EVP Wayne
LaPierre and VP Kayne Robinson, and accused of being a
"disgruntled former employee" who was "trying to destroy NRA." =20

     I got almost no rebuttal time, and even then my microphone
kept getting turned off when I mentioned touchy subjects like
Heston's support of the 1968 Gun Control Act.

     The meeting set a record for how few ordinary members were
allowed to speak.  Only one or two were recognized, and the
officers took no questions. =20

     All eight corporate charter amendments were buried in one
motion by former President Joe Foss and new Director Lt. Col.
Oliver North, including the "radical" proposal to allow NRA
members to obtain NRA's IRS returns and other public records.

     Heston was elected NRA President -- not unanimously -- in
Monday's Board meeting without explaining his support for GCA '68
or last year's comments that "AK-47's are inappropriate for
private possession."  However, his recent statements have solidly
supported the Second Amendment, and I pray they don't change.

     Frankly, it wasn't a pleasant week.  We should have been
spending our energies fighting real enemies like Chuck Schumer
and Sarah Brady; it isn't fun being attacked by old friends.  But
it's critical to watchdog NRA because NRA determines what happens
to our gun rights, and we've got to do everything we can to
prevent future mistakes like "Instant Check."

     With your help, I've been able to stay in this fight.=20
Thanks for your confidence and support.

                              Yours for the Second Amendment,



                              Neal Knox

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FBI Plans To Keep 'Instant Check' Records

     Hearings were held Thursday in the House Crime Subcommittee
on Rep. Bob Barr's (R-Ga.) H.R. 3949, which would block the FBI
from keeping records of firearms purchasers more than one day
when they implement the "National Instant Criminal Background
Check System" (NICS) this fall.

     The FBI intends to maintain records of conducting the check
for 18 months on some 11.4 million purchases by law-abiding
citizens each year despite prohibitions against keeping such
records in the "Instant Check" section of Brady and the 1986
McClure-Volkmer amendments. =20

     The Barr bill, called the "No Gun Tax Act of 1998" would
also prohibit FBI from collecting a planned $16 fee for
conducting the check. =20

     NRA-ILA Executive Director Tanya Metaksa said the FBI has no
authority to impose such a "user fee," noting that such fees were
discussed and rejected while the bill was being debated.

     In Thursday's hearing, FBI Spokesman James Kessler Jr.
repeated the proposed regulations' justification for keeping the
records for 18 months:  that it would allow audits to assure
there were no unauthorized use of the NICS system.  (Keeping the
records is itself an unauthorized privacy violation!)

     Kessler said that gunsmiths and pawnbrokers will be required
to conduct a $16 "Instant Check" before returning a gun left for
repair or modification, or redeeming a firearm securing a loan.=20
According to Kessler's testimony, that will total about 2.5
million pawn shop redemptions and four million gunsmith repairs
each year.

     James J. Baker, testifying for the Sporting Arms and
Ammunition Manufacturers Institute, likened the charges on
gunsmithing to requiring people to get a driver's license every
time they had their car's oil changed.

     Chairman Bill McCollum (R-Fla.) extensively queried Kessler
as to why they intended to charge for checks conducted directly
for gun dealers, but not charge for the same checks if done for a
state.

     Kessler said that if they didn't charge for the background
checks in states that don't "cooperate," more states would opt
out of the system, perhaps doubling the manpower FBI now needs to
keep the system running 17 hours per day, 364 days per year.

     "Without user fees, none of the states will participate," he
said.

     Critics are convinced that the reason for doing the checks
"free" for states which establish their own "Instant Check"
system is to "encourage" the states, and their gun owners, to
adopt state laws.

     Unlike the Federal government, states may use an "Instant
Check" system to create a registration system, as Pennsylvania's
NRA-backed Act 17 did on long guns.  Federal agencies would then
able to access the state gun registration data.

     Rep. Barr said that despite much-hyped claims of success,
"background checks are a poor way of preventing criminals from
obtaining guns," noting that at best they merely delayed an
acquisition.

     He said the purpose of the firearms purchase tax was to
"discourage firearms ownership" and was scathing in attacking
FBI's unauthorized plan to keep records on purchases by law-
abiding citizens.

     "There is no legitimate reason to require citizens' guns to
be registered," he said, adding:  "The Federal government cannot
be trusted with this information."

     His bill provides a criminal penalty of up to $250,000 and
10 years imprisonment for keeping or misusing "Instant Check"
records, though he has privately acknowledged that it would be
difficult to get the Justice Department to prosecute itself.

     Grover Norquist, President of Americans for Tax Reform,
testified that because there is no authority to charge a "user
fee" for purchasing a firearm, there is no cap on the amount that
could be charged.

     He said a user fee can be justified when the payer obtains a
benefit, such as a background check for licensing or employment,
but firearms purchasers are supposedly being checked for the
benefit of the public, so the public should pay the cost.

     Baker and other industry spokesmen have said that the volume
of checks to be conducted is too low, and that FBI will need to
directly respond to far more direct dealer inquiries than the 4.9
million that they anticipate, particularly since most states do
not presently conduct checks on long guns and their estimates do
not include the 6.5 million redemptions and gunsmithing returns.

     The resultant understaffing would mean additional delays,
particularly during times of heavy purchases such as before
hunting seasons and Christmas.  The law allows up to three days
before a dealer could transfer a gun without approval.

     Spokesmen for both the Virginia and Maryland state police
opposed the Barr bill, contending it would result in less local
screening in other states. Those states' background checks each
resulted in about 10 percent unjustified delays, and only about 1
percent disqualified from purchase -- many of them for offenses
that are not disqualifying under Federal law.

     Chairman McCollum indicated that he favored expanding the
"Instant Check" to include fingerprinting of firearms purchasers
when the Justice Department's digitized fingerprint checking
system becomes operational next year.

     Although both BATF and Handgun Control Inc. were invited to
testify, neither did.  HCI submitted written testimony calling
for addition of a 72-hour waiting period and continued reporting
of purchases to local police.

     Rep. Sheila Jackson-Lee was the only Democrat to attend, and
only long enough to make a statement condemning H.R. 3949 as "a
contradiction of the ideals of the Brady Act."  She blamed the
bill on the "intrusion and oppression of NRA."=20

     After the hearings the police groups told Neal Knox that
they did not have data on how many illegal attempted purchases
were prosecuted or resulted in convictions.  Most of the
attempted purchases by felons were very old or white-collar
felonies, they said.

     The FBI's proposed regulations were published in the Federal
Register June 4 (and are available on the Internet at
http://www.access.gpo.gov/su_docs/aces/aces140.html).  Comments
may be made until Sept. 2 to Mr. Emmet A. Rathbun, NICS Project
Manager, Federal Bureau of Investigation, CJIS Division, Module
C-3, 1000 Custer Hollow Road, Clarksburg, West Virginia
26306-0147.


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Clarification And Correction

     In my column in the May 20, 1998 Shotgun News and the May 15
Firearms Coalition "Online Bulletin," I stated that "The 1985 (NRA)
meeting in Seattle was stacked with paid staffers who attended at
NRA expense, and California Rifle & Pistol Association members,
many traveling at CRPA expense (for which CRPA was reportedly
fined $70,000 by the IRS for commingling political and
association money)."

     CRPA's attorneys have challenged the part of the statement
in parentheses, stating that "CRPA never was penalized by the IRS
for any commingling of funds, nor ... any activities related to
payments for travel or similar activities.  Furthermore, the CRPA
did not pay for travel for anyone to attend the 1985 NRA meeting
in Seattle."

     According to the CRPA attorney's letter the rumored fines
"reportedly" levied by IRS were actually "extraordinary payments
made by CRPA to the IRS ... to comply with technical provisions
of IRS regulations for the years 1975-1980 in which payments were
made for taxes on income unrelated to CRPA's tax exempt purposes."

     I made efforts several years ago to determine whether the
rumors of CRPA funding of travel of large numbers of its members
to the 1985 Seattle meeting (and the 1983 Phoenix NRA meeting)
were true, and whether the rumors of an IRS fine were indeed
related, but could get no hard verification.

     In those days, CRPA did not provide sensitive financial
information even to Directors who were members of its executive
committee, or so I was told by more than one CRPA director.

     When a then-paid official of CRPA was specifically asked
about the rumored IRS fine for getting members to the NRA
meetings he snapped something to the effect:  "You don't need to
know anything about that," which was erroneously taken as
confirmation.

     I'm happy to set the record straight. -- Neal Knox

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Heston Elected At Philly Meeting

     The election of Charlton Heston as NRA President, and the
clean sweep of the Director candidates he endorsed, was the main
news out of the Philadelphia NRA meetings, the first in the
northeast in 16 years and the largest in history.

     Heston pledged to steer the organization back to the=20
political mainstream from what he called "the fringe of American=20
life."=20

     Much of the 41,000 turnout and the doubling of the votes in
the director election (194,378 ballots cast in 1998 compared to
92,590 last year) were due to Heston's starring role in
unprecedented advertising campaigns.

     A petitioned mail bylaw amendment requiring reporting of
relationships between Directors, paid staff and NRA contractors
was defeated five to one.

     Eight somewhat contradictory amendments to the corporate
charter requiring increased disclosure by directors and officers,
requiring NRA to make public documents available to members and
directors, and reducing the size of the board from 76 to 24 were
effectively killed by referral as a block to the Board of
Directors at the members' meeting.

     Kayne Robinson of Des Moines was elected First Vice
President and Sandra Froman was elected Second Vice President.

     After the election Heston read a statement that he was
leaving to do a series of press interviews, and that he would
only attend future meetings "from time to time."

     The Board's final action was unanimous adoption of an NRA
financial policy almost word-for-word as recommended in February
1997 by former Director and Finance Committee Chairman Rick
Carone as part of his management audit (which was much-praised by
former vice presidents Neal Knox and Albert Ross, and reviled by
Executive Vice President Wayne LaPierre and outgoing President
Marion Hammer).

     Most Directors, and even most members of the Finance
Committee, were oblivious to the irony.  They were unaware that
the much-needed financial policy, and its requirements for
tighter fiscal management in NRA, was the primary cause of last
year's internal uproar that unseated Knox, Ross and over a dozen
directors in the last two elections.

     The Board meeting concluded at the end of one day, for the
first time in memory.

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Planned FBI Fee Speeds State System

     The Pennsylvania House unanimously passed a bill Tuesday to
move up the deadline for instant checks on long guns by one year,
so Pennsylvania gunowners will not be subject to the proposed
more expensive FBI background checks that will be required by
Nov. 30 in states that don't have a screening system.

     States which check only handgun purchasers would charge for
that fee, but if the buyer also simultaneously purchased a long
gun he would have to pay a second fee to FBI.

     An NRA-backed amendment to tighten the state's prohibition
on gun ownership for a person "involuntarily committed" for
observation of a possible mental condition would be of little
help, according to local activists. =20

     Russell Laing, the best-known victim of that provision, lost
his gun ownership rights despite an unnecessary and unjustified
committment by a police officer.


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Police Stung For Stealing Guns

    Four veteran Newark police supervisors and an officer are
accused of stealing two guns turned in under a  handgun "buy-back"=20
(sic) program this spring.

     High-quality guns, including a valuable Luger, turned in
under the "no questions asked" program allegedly were taken by
the officers, who substituted cheap guns.

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Illinois Pols Run From Guns

     Gubernatorial candidate Glenn Poshard, a Democrat, and
Republican George Ryan, are trying to distance themselves from
gun positions taken when they weren't running statewide but from
pro-gunrights districts.

     Ryan stiffarmed gunowners at a 1982 rally at the Springfield
capital by ruling, as Speaker of the House, that a preemption
bill designed to overturn the Morton Grove handgun ban required a
super majority.  Gunowners had only a simple majority, made
slightly greater by Ryan's cynical vote for preemption after
torpedoing the bill.

     Poshard has a longer gun voting record, including
Congressional votes against the Brady Bill and repeal of the
federal "assault-weapons" ban.  He now supports the semi-auto
ban.

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School Shootings Trigger Gun Bills

     Using the school shootings as a springboard, Rep. Carolyn
McCarthy (D-N.Y.) is introducing a bill "to limit children's
access to handguns."  It would hold parents criminally liable if
their gun  falls into a child's hands and would also would
require manufacturers to include trigger locks and new "safety
features."

     A technological grant program is being pushed by the Justice
Department and in Congress to develop "smart guns" that could
only be fired by the lawful user.=20

     H.R. 3895 by Reps. Barbara Kenelly, Charles Schumer and
others would authorize $20 million to the National Institute of
Justice for studies of "smart gun" technologies.

     "Personalization methods" now under study include
radio-frequency transmitters, remote controls, magnets,
combination locks and even biometric technology, such as
fingerprint or voice recognition.

     A New Jersey bill, similar to one endorsed by Sarah Brady
last year, would prohibit sale of any handgun without such "smart
gun" features after three year, although Colt, which seems to be
closest to development of a system, says its five years away.
=20
     Law enforcement is the greatest market for "smart guns"
because 16 percent of fatally shot police officers are killed
with their own guns.

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Chicago's Daley Ponders Gun Suit

     Chicago Mayor Richard M. Daley said this week he is
considering filing a lawsuit against firearms makers, marketers
and sellers as "a way to stop the flow of illegal guns into the
city."

     The suit would use a different basis than the approach
pushed by Philadelphia Mayor Ed Rendell but both would break new
legal ground.

     Mayor Daley's father caused passage of the Illinois Firearms
Owner Licensing Card as an alternative to his statewide
registration proposal, then enacted a Chicago registration
ordinance which specifically exempted criminals and mental
incompetents.

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Medical Journal Hits "Private Arsenals"

     The New England Journal of Medicine, long a purveyor of
pseudoscientific studies into the assumed benefits of gun
control, has published an editorial calling for ending school
shooting by eliminating "private arsenals" like the ones stolen
by the boys who committed the Jonesboro school killing.

     Three of the school murders were stopped by gunowners like
Jake Ryker, the Springfield, Ore. boy, who tackled the killer
after being shot in the lung.

     The Pearl, Mississippi school killer, Luke Woodham, who is
on trial this week, was stopped by assistant principal Joel
Myrick with a .45 pistol recovered from his car.

     In Edenborough, Pa., a private citizen went into a field
with a shotgun and captured that school killer.

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Gun Gatherings Under Assault
=20
     The anti-gunrights crowd's hatred of firearms groups shines
through in H.R. 3833, "A bill to better regulate the transfer of
firearms at gun shows," by Rep. Ron Blagojevich (D-Ill.) and a
string of anti-gunners, including Reps. Carolyn McCarthy and John
Conyers.

     Intentionally or otherwise, a "gun show" is defined to
include any event -- even the Grand American trap tournament, the
Camp Perry Matches, or a local sighting-in day -- where 50 or
more guns are present.=20

     The "operator" or persons in charge of "an organization or
association that sponsors functions devoted to the collection,
competitive use, or other sporting use of firearms in the
community," statewide or nationally, could be prosecuted for
committing a Federal felony punishable by up to five years
imprisonment if even one of those guns is sold or traded.

     The bill requires all "gun show operators" -- as defined --
to be licensed, including fingerprinting. =20

     Once licensed, the 50-gun event where trading might occur
can be conducted only after notification of BATF, at least 30
days in advance of the event.

     Anyone who transfers a firearm at such a "gun show" -- not
just table holders -- must provide the "gun show operator" with
the name, age and address of the "prospective transferee," and
the make, model and serial number of the gun.

     Failure to do so is punishable by fine or up to one year in
prison.

     The "show operator" is to follow the requirements of a
Federal dealer, then turn over all records to BATF within 30 days
of the show, shoot or match.

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Shotgun News Columns


                    'Instant Check' Headache
                          By NEAL KNOX
     WASHINGTON, D.C. (June 1) --  "Instant Check," the Brady
Act's computer-driven criminal background check which goes into
effect on all firearms purchases Nov. 30, 1998, is showing signs
of being exactly what skeptics feared:  an expensive and
intrusive national gun registration system.

     The FBI, which has been holding briefings for FFL's on their
implementation plan, the "National Instant Criminal Background
Check System" (NICS), intends to charge a $13-16 fee and keep the
record of the check -- including information on the gun buyer and
type of gun -- for as much as two years, despite the law's
prohibition against keeping such records.

     Newly elected NRA Director Rep. Bob Barr (R-Ga.), with NRA
encouragement, last week filed H.R. 3949, which would prohibit
FBI from charging any fee and prohibit them from keeping a record
of the background check for more than two hours.

     I had urged Rep. Barr to file a bill to completely eliminate
the background check on long guns (which could get through
Congress, though repealing the entire "instant check" could not).=20

     That would take advantage of the growing opposition to the
check, particularly as shotgunners and riflemen learn about it.=20
As a practical matter, neither bill could get past President Bill
Clinton's certain veto, but it would increase the vote against
Congressional anti-gunners this fall.

     FBI has not yet published its proposed regulations, but the
plan they describe in their briefing materials conflicts on
several key points with the proposed BATF regulations published
in the Federal Register Feb. 19.

     One major difference is whether the buyer would have to
submit paperwork (and pay the requisite fees) to both the Justice
Department and to his state if the state has its own "instant
check" law (as BATF says), or if the FBI would do the check
"free" for a state, so the gun buyer would pay only the state's
fee (as FBI says).

     (The reason for Justice Department's "generosity" is that
the law specifically prohibits any Federal agency from using the
system to create a registration system or "requiring" a state to
do it, but there is nothing in the law to prohibit a state from
using the data to create its own system, which would then be
accessible to Federal agencies.)

     Under both the Treasury and Justice proposals, someone who
simultaneously purchased a handgun and a shotgun in a state with
a handgun instant check but no long gun check would have to pay
"$13-$16" for the Federal check as a long gun buyer plus the
state's fee for the handgun check. =20

     That could run the buyer's cost to over $30.

     Far more important from a Second Amendment/civil liberties
standpoint, is the Clinton Justice Department's plan to keep the
record of purchase up to two years -- which really means forever,
since computer backup copies will always exist in some form.

     The "Instant Check" plan was created by NRA as an
alternative to the Brady Bill's seven-day waiting period on
handgun purchases.  About 1990 NRA convinced Rep. Harley Staggers
(D-W.Va.) to introduce it, and got a lot of other gun rights
advocates to support it.

     Instead of avoiding the waiting period, or preventing
enactment of any law, it was folded into the Brady Act as a
replacement for the mandatory wait -- though under the final law,
a dealer may not transfer a gun without waiting up to three days
for the check.=20

     The price paid for substituting the "instant-up-to-three-
days-check" after five years was to include long gun buyers in
the background check -- a deal worked out by Majority Leader
Robert Dole and Sen. Howard Metzenbaum, with the blessing of NRA,
shortly before the bill passed in 1993.

     Handgun Control Inc. has repeatedly said they will attempt
to make the present five-working-day wait permanent; don't bet
that they can't do it.

     An unintended consequence of the "instant check," which NRA-
ILA introduced and pushed through the Virginia legislature after
it was introduced in Congress, was the one-gun-per-month law
Virginia subsequently passed -- which was made possible only
because of the computer system created for "instant check." =20

     "One-Gun" laws have since been enacted in Maryland and are
pending in Congress and various states.=20

     Despite the serious problems that "Instant Check" has
created, and is creating, it has been enthusiastically promoted
by NRA-ILA in several states, and was signed into law in
Tennessee last week. =20

     "Instant Check" is proving to be worse than the waiting
period it was designed to cure.  Though Treasury and Justice are
exceeding their authority under the Brady Act, that merely proves
the axiom that if a law can be abused it will be.

     As my grandmother used to tell me, "When you're in a hole,
quit digging."=20

     It's past time to quit pushing "Gun Control Lite."


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                    'Instant Check' Hearings
                          By NEAL KNOX
     WASHINGTON, D.C. (June 11) -- Hearings were held today in
the House Crime Subcommittee on Rep. Bob Barr's (R-Ga.) H.R.
3949, which would prohibit the FBI from keeping records of
firearms purchasers when they implement the "National Instant
Criminal Background Check System" (NICS).

     The NICS stage of the Brady Act will go into effect on all
firearms purchases Nov. 30, 1998, replacing the law's five
working-day waiting period on handgun purchases. =20

     The "Instant Check" section of Brady and the 1986 McClure-
Volkmer amendments specifically prohibit Federal agencies and
employees from requiring what FBI plans to do, as described in
proposed regulations published in the June 4 Federal Register.

     The Barr bill, called the "No Gun Tax Act of 1998" would
also prohibit FBI from collecting a planned $16 fee for
conducting the check.  NRA-ILA Executive Director Tanya Metaksa
said the FBI has no authority to impose such a "user fee," noting
that such fees were discussed and rejected while the bill was
being debated.

     Beginning in about 1988 NRA had advocated an "instant check"
in lieu of a Brady waiting period.  In 1991 Sens. Robert Dole and
Howard Metzenbaum reached an agreement (originally opposed by
NRA) providing that after five years the waiting period on
handguns would be replaced by an "instant check" on purchasers of
all firearms.

     In 1993, NRA "acquiesced" to the "Dole-Metzenbaum
Compromise," despite the concerns of many members.  The key
provision demanded by NRA was the language prohibiting retention
of any record of the check.

     That provision says no Federal government agency or employee
may "require that any record or portion thereof generated by the
system established under this section be recorded at or
transferred to" any state or Federal facility. =20

     In today's hearing, FBI Spokesman James Kessler Jr. repeated
the proposed regulations' justification for keeping the records
for 18 months:  that it would "assist the FBI and state and local
officials in auditing and/or investigating unauthorized use of
the NICS."

     In other words, to make sure there was no "unauthorized"
violations of gun buyers' privacy the FBI plan would violate the
law designed to protect their privacy!

     Now that's chutzpah!

     My concern, as I have discussed with Rep. Barr, is that the
courts might rule that a new law allowing FBI to keep the records
24 hours (or even 24 minutes) supercedes the prohibitions against
the Feds creating a registration system. =20

     Rep. Barr's staff and the attorneys who drafted H.R. 3949
contend it wouldn't affect the existing language against
registration.  Rep. Barr said today he sees no reason for FBI to
keep the records at all; that his bill adds to the earlier
prohibitions.

     Today the FBI spokesman said that if they didn't charge for
the background checks in states that don't "cooperate," more
states would back out of the system, perhaps doubling the
manpower FBI now needs to keep the system running 17 hours per
day, 364 days per year.

     What bureaucracy opposes having more power or personnel?

     I think the real reason for the admitted bribe is to get
more states to establish their own "Instant Check" system.=20
Virginia, for instance, charges gunowners $2 to conduct a check,
which uses the NICS system at no cost to the state.  Texans would
pay $16 for the same NICS check.

     Pennsylvania's Act 17, which was passed with NRA support to
implement the "Instant Check," creates the kind of gun
registration system that the Feds are prohibited from creating.

     Another cute trick spelled out in today's FBI testimony is
requiring pawnbrokers to conduct a $16 "Instant Check" before
returning a firearm securing a loan. =20

     FBI says the same rule applies to gunsmiths who take in a
gun for repair, fitting a scope, cleaning or other work.  The
owner would have to pay for a $16 "Instant Check" before getting
his property back!

     James J. Baker, testifying for the Sporting Arms and
Ammunition Manufacturers Institute, likened that to requiring
people to get a driver's license every time they had their car's
oil changed.

     The Barr bill provides a whopping criminal penalty of up to
$250,000 and 10 years imprisonment for keeping or misusing
"Instant Check" records, but I can't imagine an Attorney General
Reno prosecuting her own agency -- notice her refusal to
prosecute the Clinton White House's snooping into the FBI files
of 900 Republicans. =20

     I've suggested a civil penalty be added to H.R. 3949, with
specified money damages, that could be filed by any gun purchaser
whose privacy is violated.  That might keep them honest.

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               NRA Board Adopts Financial Reforms=20

                          By NEAL KNOX
     WASHINGTON, D.C. (June 20) -- The final action of NRA
Directors at the end of last week's unprecedented one-day Board
meeting in Philadelphia was unanimous adoption of an extremely
sound NRA financial policy and a well-thought-out purchasing
procedure that requires competitive bidding -- and notification
of the Board when those policies aren't followed.

     If the Board watchdogs those policies, it should do much to
rein in NRA's free-spending habits, and particularly the practice
of agreeing to, and paying, millions of dollars for services
without competitive bidding, without formal agreements, and
without complying with Board requirements.

     Ironically, those were the very problems that led to the
efforts by a minority of the Board -- led by vice presidents
Albert Ross and myself, and Finance Committee Chairman Rick
Carone -- to clamp down on financial practices of the staff, and
particularly Executive Vice President Wayne LaPierre.=20

     It cost Albert and me our vice presidencies, and Albert and
Rick, and about a dozen other directors, their Board seats in a
carefully contrived coup led by the senior staff and at least
partially directed and funded by NRA contractors who benefitted
from those loose policies.

     What's hilarious is that the financial policy adopted in
Philadelphia is almost word-for-word what was recommended in
February 1997 by former Finance Chair Carone at the conclusion of
his and former Director Ronin Colman's management audit.

     Most Directors, and even most members of the Finance
Committee -- almost all of whom were newly appointed by President
Marion Hammer -- were oblivious to the irony. =20

     I have often been asked why I didn't wait until the
Philadelphia meeting (at which I was in line to have been elected
President) to put NRA's financial house in order.  The short
answer is that Albert, Rick and I weren't sure we would still
have a viable NRA.

     If the stock market hadn't continued its upward spiral last
year, and if the members hadn't responded so well to the Bylaws-
violating sale of Life and contributory Memberships at cut-rate
prices, NRA might not have survived.

     I didn't dare say that out loud last year.

     If NRA's financial portfolio had dropped just 10 percent 18
months ago, we would have been in default on our loan on the HQ
building.  At best, it wouldn't have been pleasant.

     What got NRA over the hump was the soaring stock market and
some $15 million in cash from the "Legion of Honor" cut-rate
memberships.  (Full Disclosure:  My wife and I took advantage of
that sale to upgrade our boys' Life Memberships to Endowment as
Christmas presents; but we paid off the last $1,000 or so of
Jay's Benefactor membership at the full price.) =20

     On a cash basis, NRA is now far more solid; long term there
may still be problems paying for 30 or 40 years of magazines and
services for members whose dues were entirely spent last year. =20

     But the much-reviled, much-needed Carone financial plan
belatedly approved last week should help keep NRA afloat.



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                       Clinton's New Nose
                          By NEAL KNOX
     WASHINGTON, D.C. (July 1 ) --  A friend gave me a computer
"screen saver" that depicts Bill Clinton as Pinocchio, with a
nose that grows every few seconds as he tells another lie.

     Pinnochio Clinton's nose should've stretched around the
corner last week when his Justice Department triumphantly
announced that the Brady Act had stopped 69,000 "felons,
fugitives and drug addicts" from getting a gun last year, and
242,000 since the law went into effect in 1994.

     It was part of the buildup to extend the five working-day
waiting period on handguns that is supposed to end when the so-
called "Instant Check" kicks in on all firearms purchases from
dealers Nov. 30.

     As usual, the news media swooned over the wondrous
achievement that they had wrought.  Every half hour CNN
triumphantly insisted that "there are 69,000 fewer guns on the
street thanks to the Brady Act."

     But hold on just a cotton-picking minute.  The Justice
Department numbers weren't a hard count based on actual data,
only an "estimate" based on information provided by some of the
law enforcement agencies which do the checks.

     The fact that it was an estimate was seldom mentioned;
instead the public was assured that of the 2.6 million handgun=20
applications considered in 1997, precisely 2.7% were rejected --
exactly 62 percent of them because of felony convictions or
indictments, 9 percent because of domestic violence misdemeanor
convictions and 2 percent because of domestic violence protection
orders.

     Those numbers are phony.

     Unlike "reporters" from the rest of news media, who
unquestioningly accepted Pinocchio's numbers, the Indianapolis
Star and News checked with Indiana State Police.  They found that
instead of 1,085 handgun sales in Indiana being blocked in 1997
by the Brady law, as the Clintons claimed, the actual count was
only 82.=20

     "The error calls into question the (Justice) department's
estimate of 69,000 sales blocked nationwide," the newspaper said.

     Of four other states the newspaper checked, Arizona was
reported by DOJ to have had 2,277 rejections.  "But only 1,691
people were  actually restricted from buying a gun once duplicate
or incorrect applications were removed."

     University of Chicago law professor John Lott, who didn't
even own a gun when he began researching the effect of concealed
carry laws on crime (summarized in his new book, "More Guns, Less
Crime,") told the Star and News:  "The Brady law's proponents
have continuously inflated the number of stopped sales since the
law went into effect."

     "Prof. Lott cited an early study done by the Government
Accounting Office, which estimated that 60,000 purchases had been
stopped in one year. Most refusals, though, were due to human
error or paperwork problems. Only 3,000 of the denials were
because an applicant had a violent crime record," the newspaper
reported.

     "'I don't believe the (DOJ) numbers,' Lott said. `They
include  everything -- people improperly filling out forms, human
error.  The vast majority re-fill out paperwork and get their
gun.'"

     James Bovard, author of "Lost Rights: The Destruction of
American Liberty," was even less gentle in a June 25 article in
the Wall Street Journal. =20

     He bluntly declared:  "The Clinton administration ... claims
about the law's effects are bogus."

     Bovard pounced on a Clinton pronouncement the day of the
Justice Department release which further inflated the fake
"69,000" figure.  The White House statement declared "law
enforcement officials have stopped hundreds of thousands of =20
from buying handguns every year"=20

     White House spokeswoman Nanda Chitre attributed the
discrepancy between Justice Department and Clinton numbers to an
"editing mistake." =20

     "This is nothing new," Bovard declared.  "After a Justice
Department report in 1996 asserted that the Brady act had barred
60,000 people from buying guns, Mr. Clinton told supporters in
Michigan: 'We did pass the  Brady Bill and 100,000 felons,=20
fugitives and stalkers lost their handguns.' White House Deputy
Press Secretary Mary Ellen Glynn explained at that time that the
president 'misspoke' as 'he was reaching the end of a train
trip.'"

     The train trip wasn't nearly so long as Mr. Clinton's nose.

     The real measure of Brady's impact is that prosecutions of
felons attempting to buy a gun by lying on the Form 4473 -- an
easily proved 10-year felony -- has declined from 253 in 1994 to
36!=20

     So either Clinton is lying about the law's effectiveness,
criminals are evading the Brady scheme, or the Clinton
Administration turned 69,000 "felons, fugitives and stalkers"
back on the streets last year.



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Electronic newsletter subscription information

This newsletter is sent free upon request.  It is never sent without a=20
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containing the following text:

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To terminate a subscription, send a note to [e-mail]=20
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Please report any problems directly to [e-mail] and include=20
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Copyright (c) 1998 by Neal Knox Associates
               7771 Sudley Rd., No. 44=20
               Manassas, VA  20109

Non-commercial reproduction and distribution is permitted so long as
this statement is included.  All other uses prohibited.

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        Do not put your credit card number in e-mail.

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Dear Neal,

Enclosed is my retainer for your services as my Capitol Hill lobbyist:

$500 [  ]      $250 [  ]     $50 [  ]     $25 [  ]     Other:____ [  ]

                                                        Quarterly [  ]
      Bill my MasterCard [  ]          Visa [  ]          Monthly [  ]
                                                             Once [  ]

Card No. _______________________________________ Expiration Date  _____=20

Mr. [  ]
Mrs.[  ] ______________________________________________________________ =
=20
Ms. [  ]
Signature
    ______________________________________________________________

Address_________________________________________ Phone ________________

City ____________________________________________State ____ Zip________

Email Address ______________________

Print and mail to:

               Firearms Coalition
               7771 Sudley Rd., No. 44=20
               Manassas, VA  20109

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PGP users: remove the leading asterisks from the BEGIN and END lines=20
before using this key. =20

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               "None genuine without this signature."


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End of utah-firearms-digest V2 #85
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