From: DENNIS.FUSARO@prn-bbs.org (DENNIS FUSARO) Subject: Alabama Update To: firearms-alert@shell.portal.com Date: Wed, 02 Aug 1995 23:51:11 GMT Dennis Fusaro Director of State and Local Affairs GOA, Springfield, VA The folllowing memo was sent to Sen. Jack Biddle on the day of the votes on S.190/H.332. TO: The Honorable Jack Biddle FROM: Dennis Fusaro, Director of State and Local Affairs -- (703) 321-8585 DATE: July 31, 1995 RE: S.190/H.332 cc: Governor James, GOA's Alabama Members and Supporters _________________________________________________________________ Dear Sen. Biddle: Thank you for your call today about S.190/H.332. I hope you will do everything possible to kill these bills. The fast track approach concerns our members and supporters. We would like to have input into these bills which is not possible at this time. Wisdom dictates that they be set aside and not advanced until corrected some future time. The positions of other "pro-gun" groups are not necessarily the best or correct positions on these bills. Witness the situation of the recent gubenatorial election. One group took no position on the two candidates (i.e. stayed neutral and had no problem with either one) in spite of the fact that the incumbent had visited the White House and endorsed the gun ban supported by President Clinton. GOAPVF -- our affiliated PAC -- opposed the incumbent. In that situation I believe GOAPVF's position was the best for Alabama's gun owners. It is not clear that the pre-emption law prevents local governments which are not incorporated municipalities (i.e. counties) and/or their officials (i.e. sheriffs) from setting excessive or prohibitive fees in place. All this may get thrown into the courts which could pose a real problem for Alabama's gun owners. It is clear that the fees to be charged will change from $1.00 to some presently unknown amount. Fees will be effectively set by the local legislative delegation , its sheriff(s) and other local officials. Protocol will tend to drive the agenda against the interests of your gun owning constituents when the state legislature acts. There likely will be many legislative battles over local fees. The secretary of state with the input of the sheriff's association gets to prescribe the form of the license. Jim Bennett (NRA "?" rating ) is in charge of this process should this bill pass. What this means for your gun owning constituents is unclear at this time. The bill states that, "(b) Any law to the contrary not withstanding, the sheriff may perform any and all acts necessary to comply with federal law, regulation, or rule governing the registration, notice, waiting period, or other requirement relating to the use, ownership or possession of a pistol, handgun, or firearm of whatever kind." This appears to open the door to a whole lot of problems for Alabama's gun owners. What prevents a sheriff from charging a $100 fee as one of those "necessary" acts to comply with federal law? If the carry permit becomes a means of "complying" with the Brady Act, what prevents a sheriff from charging $200 as a "necessary" act of compliance with federal law. Finally, this bill goes in the wrong direction. Alabama should not be "complying" with the unconstitutional Brady Act mandate which 5 out of 6 federal district courts have rule unconstitutional. Alabama should stand up to the federal government on 10th Amendment grounds and refuse to allow its sheriffs the right and power to comply or participate with the Brady Act. Why do all these officials want to comply with the Brady Act? Do they secretly support federal gun control but don't want the responsibility? I want to thank you for your concern and taking the time to contact GOA. Let's keep the discussion open but not act too hastily. _________________________________________________________________ Note to Alabama gun rights activists: Both bills -- S.190/H.332 -- died on Monday, July 31, 1995. Senator Biddle withdrew his bill (S.190) from consideration in the House. H.332 was amended to remove the compliance with Brady provisions and then passed the Senate -- Biddle voted "against." Because the Senate passed version differed from the House passed version H.332 had to go back to the House for a vote. It was not even brought up for a vote. One of those pushing the bill in the House came up to grassroots activists from CSG after the conclusion and asked what he could and would do now to turn off the phone calls. CSG carried out massive leafleting campaigns in key districts over the weekend before the vote. Those of you who called and faxed because of this posting and/or our fax alert deserve the credit as well. Thank you for standing up for your rights. GOA's position is that YOU -- the grassroots -- are the best lobbyists which money can't ever buy. Real grassroots is not telling you what the politicains did to you after the fact. Nor is real grassroots shilling for the Jack Brookses of the world, telling you why he had to -- just had to -- sell out your rights this time. Real grassroots is getting you involved up front to stop -- not shape, amend or influence -- gun control bills. The politicians love those who seek influence and access; those who dance "the dance of legislation" and cave into the "log rolling" mind set. What they fear is grassroots power that sets the agenda for them. --- WM v3.11/92-0211 * Origin: Gun Owners of America BBS - (703)321-7401 (176:100/2.0) ===================================================================== The Paul Revere Network/HQ Chicago BBS (312)482-9940 (V)482-9910 -==***==- BYPASSING the bias of the broadcast media via the "narrowcast" capabilities of the telephone lines! =====================================================================