From: LEROY.PYLE@prn-bbs.org (LEROY PYLE)
Subject: GOA on Anti-Terrorism Bil
To: firearms-alert@shell.portal.com, ca-firearms@shell.portal.com
Date: Wed, 24 May 1995 20:54:50 GMT


    Senate Expected to Soon Vote on "Anti-terrorism" Bill
    S. 735 threatens gun owners' rights; calls needed

                                 by Gun Owners of America
    8001 Forbes Place, Suite 102, Springfield, VA 22151
               (703)321-8585; fax: (8408)

      (Tuesday, May 23)-- Sources in the U.S. Senate are
indicating that a vote is expected by the end of the week
on so-called anti-terrorism legislation. The bill under
discussion, S.735, would threaten gun owners rights unless
certain provisions are removed.

     S. 735 was, introduced by Senators Bob Dole and Orrin
Hatch, has a firearms conspiracy provision which would remove
the "overt act" requirement that currently exists under federal
law. This provision would allow the BATF and federal prosecu-
tors to punish law-abiding citizens for far-reaching conspiracy
charges (including simple paperwork and technical violations)
even though no overt act was committed.

      For example, a woman goes to a gun dealer and indicates
that she is being pursued, that she needs a handgun for self-
defense, and that she cannot wait for the five days required
by the Brady Law. The gun dealer indicates that he will sell
her the gun, but, a second later, recants and refuses to con-
summate the transaction. Under S. 735, the dealer would be as
guilty of a violation of the Brady Law as if he had completed
the sale.

      (Punishing words without acts has traditionally been
avoided by common law because it comes perilously close to
incarcerating law-abiding citizens for mere speech. Under
current law, conspiracy must involve an action. But even
this requirement can be abused by federal prosecutors. Con-
sider that when the feds brought conspiracy charges against
Randy Weaver, they had to really stretch the bounds of cred-
ulity to support that claim. The feds argued that because
Weaver had moved from Iowa to Idaho, this act supposedly showed
he was conspiring to have an armed confrontation with the gov-
ernment! Imagine what prosecutors could do with a conspiracy
statute that doesn't even require them to demonstrate any act
at all. With no overt act requirement, it would be a lot easier
for prosecutors to merely invent a claim based on some hypo-
thetical agreement.)

      S. 735 will also allow the federal government to revoke
the tax status of any group (including GOA, NRA, etc.) for
failing to give its membership list to the government. This
broad net can destroy any group that has serious complaints
against the government.

       Other unconstitutional provisions in S. 735 include
provisions which would: preempt state law enforcement efforts
in many circumstances which are primarily of local concern,
broaden the authority of the FBI to make demands of citizens
not suspected of crimes; and in general, increase the ability
of government to intrude on the privacy and rights of
individuals.

     HERE'S WHAT TO DO:

      Call your Senators (202-224-3121) and ask them to oppose
any "anti-terrorist" legislation that would infringe on gun
owners" rights. Tell them that S. 735, as written, is unaccep-
table. Encourage them to get tough on the perpetrators of crime,
not to vote for legislation that sacrifices your liberties. Tell
them we already have an effective deterrent against terrorism.
It's called capital punishment. Let's use it.

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