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GENERAL-RKBA Digest 342
Topics covered in this issue include:
1) GRASSFIRE: BATF Letter to Determine Suitability for Rifle Importation
by NRA Alerts
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Topic No. 1
Date: Wed, 4 Mar 1998 17:42:45 -0500 (EST)
From: NRA Alerts
To: general-rkba-real.nra
Subject: GRASSFIRE: BATF Letter to Determine Suitability for Rifle
Importation
Message-ID:
NRA GRASSFIRE!
The Official Newsletter of NRA-ILA
March, 1998
THE NEXT LINK IN THE CHAIN
BATF Sent Letter & Survey to Determine
Certain Rifles' Suitability for Importation
Late in 1997, Bureau of Alcohol, Tobacco and Firearms Director
John Magaw sent a letter and survey to select groups and
individuals seeking their input on whether certain modified
semi-automatic rifles are "properly importable" based upon
whether they "are particularly suitable for or readily adaptable
to hunting or organized competitive target shooting." This
language is another link in the "sporting purposes" chain that
was established by the Gun Control Act of 1968--criteria which
NRA has long rejected as arbitrary and unacceptable. For
starters, the Second Amendment makes no mention of "sporting
purposes" in its guarantee of our right to keep and bear arms,
and this test totally ignores other important, legitimate reasons
for owning firearms, e.g., self-defense and collecting. Moreover,
under this description, BATF is narrowing the law's "sporting
purposes" test. Translation: the BATF considers practicing for a
shooting event or "plinking"--two activities which dominate in
the shooting community--as illegitimate for the purposes of
whether a firearm should be legal for importation.
Does any of this sound familiar? It should. This philosophy is in
line with Senator Barbara Boxer's (D-Cal.) bill, S. 70--the
"American Handgun Standards Act"--which would ban Americans from
owning any handgun deemed not appropriate for importation. By her
own concession, Boxer's bill would ban upwards of 50% of handguns
in America. BATF's latest actions, coupled with bills such as S.
70, demonstrate with clarity that the anti-gunners are fighting
their anti-freedom battle on many fronts.
Add to the Boxer bill Senator Dianne Feinstein's (D-Cal.) recent
outrage over BATF technical staff informing gun manufacturers of
what modifications they would need to make to their firearms to
bring them in accordance with federal law--including the 1994
Clinton gun ban which Feinstein herself authored in the U.S.
Senate! Don't forget, it was Sen. Feinstein, who, when confronted
with FBI data showing rifles of all types are used in only 3% of
homicides, noted, "I don't doubt that at all. . . . It is
probably less than 3%." (San Diego Union Tribune, 1/30/94). This
latest attempt to gather information on the usage of some
semi-automatics to determine their suitability for importation
has nothing to do with crime. It is a blatant political move
aimed at banning more guns--plain and simple.
While the original BATF survey was mailed to only three pro- and
three anti-gun groups, NRA-ILA learned that in an apparent effort
to influence the outcome of this supposedly impartial study, the
Clinton Administration had ordered BATF to send surveys to an
additional 30 anti-gun organizations. That action made it that
much more important for BATF to receive responses from a variety
of pro-gun individuals and organizations, and prompted NRA to
convene a working group of firearms experts that prepared our
reply to the BATF survey and helped individuals and groups
respond as well. For those who would like to see a copy of the
BATF survey and the information NRA-ILA prepared in response,
call the NRA-ILA Grassroots Division at (800) 392-8683. In the
meantime, all members are encouraged to contact their U.S.
Representative at (202) 225-3121, and encourage them to
co-sponsor Rep. Bob Barr's (R-Ga.) bill which calls for the
repeal of the "sporting purposes" test.
BATF CLASSIFIES SOME "IN-LINE"
MUZZLELOADERS AS "FIREARMS"
According to an Industry Circular sent out to all FFL holders by
BATF, muzzleloaders "with in-line firing mechanisms designed or
redesigned to use modern conventional firearm primers DO NOT meet
the definition of "antique firearm," and are therefore now
subject to regulation as a "firearm." The issue revolves around
the definition of "modern ammunition," in which BATF classifies a
primer, by itself, as ammunition. BATF is operating under the
premise that if a "modern primer" is used anywhere in the firing
mechanism, then the firearm is "modern," and thus, not subject to
the 1898 exemption for antiques or replicas. "Primers are not an
antique ignition system and are ammunition subject regulation,"
BATF says, seemingly forgetting that "modern primers" were, in
effect, invented in 1858. Under this brand of reasoning, BATF
stands on the threshold of regulating ALL muzzleloaders as
"firearms." This is yet another example of the Clinton-Gore
Administration's agenda to restrict the lawful activities of
America's shooting community. And just as NRA-ILA has been saying
all along, the anti-gunners will not stop at "Saturday Night
Specials" or so-called "assault weapons" in their efforts to
disarm law-abiding Americans. NRA-ILA has sent BATF Director
Magaw a letter urging him to reconsider and reverse this
arbitrary ruling.
HORIUCHI CASE TAKES NEW TWIST
According to recent news accounts, the legal maneuvering
surrounding the involuntary manslaughter charges against Lon
Horiuchi, the FBI sniper who gunned down Vicki Weaver, wife of
Randy Weaver, during the 1992 siege at Ruby Ridge, Idaho, has
taken some interesting twists. Originally, Horiuchi was scheduled
to stand trial in an Idaho court for involuntary manslaughter.
However, in a later development, Horiuchi succeeded in having his
case moved from state to federal court. U.S. District Judge
Edward Lodge granted the request. At issue was a little known
statute that allows federal courts to handle criminal or civil
cases brought under state law against federal officials. This
statute was intended to protect federal agents from malicious
prosecution by state agencies. Horiuchi is expected to seek
dismissal of these charges, claiming he was carrying out his
official duty as a federal agent. Although the Justice Department
has not formally announced whether it would support this
dismissal motion, John Sennett of the FBI Agents Association said
he's received such assurances from Attorney General Reno. For the
case to be dismissed, Horiuchi would have to show he was acting
within his duties and reasonably believed that the shooting was
"necessary and proper." The Justice Department is using your tax
dollars to pay Horiuchi's legal fees.
LOSS OF A FRIEND TO GUN OWNERS
The pro-gun community lost a true friend with the passing of Rep.
Sonny Bono (R-Cal.), who tragically died in a skiing accident.
Rep. Bono had stood solidly behind gun owners on numerous
occasions, including voting to repeal the 94 Clinton Gun Ban
during the 104th Congress, and signing on to H.R. 339, the
National Right-to-Carry Reciprocity Bill, during the current
legislative session. He will be missed.
-=Continued in next post=-
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