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June 16, 1999 Dear Member of Congress: On behalf of our three million members, we are writing you about the votes on gun-related legislation and amendments to take place this week. H.R. 2122, the Mandatory Gun Show Background Check Act of 1999, which draws it language from H.R. 2037, will be the underlying legislation relating to gun shows. Unlike the Lautenberg amendment adopted by the Senate last month, H.R. 2122 "closes the (supposed) gun show loophole" by requiring firearms purchasers at gun shows to clear the National Instant Check System (NICS) without imposing absurd and draconian restrictions on gun show operators, vendors, and attendees. H.R. 2122 does provide important protections for gun owners by: (1) requiring immediate destruction of records on firearms purchasers who get a NICS clearance; (2) prohibiting a federal gun tax for NICS inquiries; and (3) providing immunity from liability for sellers of firearms at gun shows whose buyers undergo the NICS inquiry, are allowed to make a purchase and subsequently misuse the firearm. While it addresses many of the concerns presented by the McCarthy-Conyers gun show language, H.R. 2122 does not go far enough in protecting the integrity of firearms purchasers at gun shows. NRA Very Strongly Supports the Dingell Amendment Congresssmen Dingell, Oberstar, Stenholm, Tanner, Cramer and John are offering a perfecting amendment to H.R. 2122. This amendment does not include any gun control provisions and seeks simply to perfect H.R. 2122. The Dingell Amendment --for which we urge your support --does several important things: (1) reduces unnecessary delays for purchases at gun shows; (2) accurately defines sales at gun shows; (3) improves firearms theft prevention; and (4) creates an enhanced penalty for use of a large capacity magazine in crime. This amendment is very important to the protection of Second Amendment rights and NRA very strongly supports this amendment. NRA Very Strongly Opposes the McCarthy Substitute Amendment Most of the anti-gun language from the Lautenberg Amendment is being offered by Representatives McCarthy, Roukema and Blagojevich. This House version, however, is even more restrictive than its Senate counterpart. The McCarthy Amendment expands the definition of gun shows as an event whenever two or more persons meet with 50 or more firearms present and allows records to be kept by the FBI on persons cleared by the instant check. If this amendment passes, it will end gun shows as we know them and impose massive and needless red tape on law-abiding gun owners. Accordingly, the vote on this amendment is very important to the protection of Second Amendment rights, and NRA urges you to vote "No" on the McCarthy amendment. NRA Very Strongly Opposes the Conyers Substitute Amendment Congressman Conyers' amendment would incorporate all Senate-passed firearms language, including the Lautenberg-McCarthy gun show language. It also includes a number of other provisions that will be offered by other Members, such as sale of safe storage devices and prohibition on gun ownership by certain adjudicated juvenile delinquents (see below). Due to the onerous nature of the Senate-passed Lautenberg gun show language, NRA very strongly opposes the Conyers substitute amendment. NRA Opposes the Hyde-Lofgren Magazine Import Ban Amendment Representatives Hyde, Lofgren, Meehan and DeGette are offering an amendment, identical to the language in the Feinstein Amendment adopted by the Senate, which would impose an importation ban on large capacity magazines. This amendment undermines the 1994 Crime Bill in which the importation of magazines manufactured prior to September 13, 1994 were specifically protected. The NRA opposes this amendment. NRA Opposes the Hyde Age Limit Amendment Congressman Hyde is offering an amendment to ban handgun purchases or attempted purchases by persons under 21 by licensed dealers (as has been the law of the land since 1968) or at gun shows. Most troubling, however, is the provision on attempted purchases. Under this language, since ignorance of the law is not a valid defense, a 20-year-old who is unaware of such a law would commit a federal felony merely by walking into a gun store and asking to buy a handgun --even if the dealer denies the purchase immediately. NRA opposes this amendment. NRA Does Not Oppose the Hyde-McCollum Juvenile "Assault Weapon" Amendment Congressmen Hyde and McCollum are offering an amendment, identical to the language in the Ashcroft Amendment adopted by the Senate by a 95-2 vote, which adds "assault weapons" and large capacity magazines to the general prohibition on the possession of handguns by juveniles through the Youth Handgun Safety Act. Since this prohibition provides several exemptions for a variety of legitimate uses of such firearms and devices, the NRA does not oppose this amendment. NRA Does Not Oppose the Davis "Safe Storage Device" Amendment Congressman Tom Davis is offering an amendment, identical to the language in the Kohl Amendment adopted by the Senate, which requires dealers to sell a "safe storage device" with every handgun at the point of purchase. The NRA does not oppose this amendment since: (1) the definition of "safe storage device" is broad, (2) it does not require use of such devices, and (3) liability protection is extended to those who use such a device if someone gains access to the firearm with the device and causes injury or death to another. NRA Does Not Oppose the Cunningham Concealed-Carry Amendment Congressman Cunningham is offering an amendment which would provide for nationwide concealed handgun carry by current and retired law enforcement officers. Although this amendment does not provide for carry by citizens who are not law enforcement officers, it would certainly have no adverse effect on law-abiding Americans, and would have beneficial effects in allowing law enforcement officers to protect themselves and others from crime. NRA supports reciprocity for law enforcement officers and for all honest citizens, and does not oppose passage of the Cunningham amendment. NRA Supports the Sessions-Frost Pawn Redemption Amendment Congressmen Sessions and Frost are offering an amendment which would ensure that guns pawned for more than one year are not returned until the owner passes the National Instant Check System. Since this amendment relates to the return of a citizen's own property, rather than a firearm sale, the NRA supports this amendment. NRA Supports the Goode D.C. Gun Ban Repeal Amendment Congressman Virgil Goode is offering an amendment which would repeal D.C. Law 1-85, which prohibits residents of the District of Columbia from possessing a firearm and would allow D.C. citizens the right to protect and defend themselves. Since residents of D.C. are not second-class citizens and all other law-abiding Americans have a right to self-defense, the NRA supports this amendment. NRA Supports the Hunter Amendment on Handgun Ownership in D.C. Congressman Duncan Hunter is offering an amendment which would allow law-abiding citizens in the District of Columbia to possess a loaded handgun in their home for purposes of home and family protection. Since residents of D.C. are not second-class citizens and all other law-abiding Americans have a right to self-defense, the NRA supports this amendment. NRA Supports the Rogan Amendment on Gun Ownership by Violent Juvenile Delinquents Congressman Jim Rogan is offering an amendment, identical to the language adopted by the Senate, which would prohibit a juvenile who commits a serious violent felony from being able to purchase or own a firearm as an adult. The NRA supports this amendment. Final Passage of H.R. 2122 Finally, our position on final passage will depend entirely on the amendments adopted by the House. If the Conyers substitute amendment or the McCarthy gun show amendment is adopted, the NRA will oppose final passage of H.R. 2122. Should you have any questions or need additional information about these issues on gun-related amendments, please do not hesitate to contact our Federal Affairs division at (202) 651-2560. Sincerely,
James Jay Baker |
