Barack Obama’s careful effort to hide his anti-Second Amendment agenda is starting to come undone. The latest evidence is found in the budget he sent to Congress this past week. As we reported last fall, NRA was very successful in having a number of provisions included in the annual spending bills that are important protections for our rights. Obama grudgingly signed the Fiscal Year 2012 spending bills that contained those “riders,” although in his signing statement, he announced his intent to defy some. Now, in Obama’s FY 2013 budget, he proposes eliminating many of them outright.

One of the most egregious is the deletion of a provision first added for FY 2012 that prohibits any future “Fast & Furious” style operations. In an official summary, the administration says the restriction is “not necessary.” (Read more.)

Did Other Federal Agencies Know About “Fast And Furious?” It has been said that if you tell a lie often enough, and convincingly enough, people will start to believe it is true. Perhaps that’s the tack U.S. Attorney General Eric Holder is taking regarding his, and the Department of Justice’s, role in the now-infamous “Fast and Furious” gunrunning operation that the Bureau of Alcohol, Tobacco, Firearms, and Explosives ran out of its Phoenix office. (Read more.)

NR A at U.N. Arms Trade Meeting: As we have done in the past, NRA attended a United Nations Arms Trade Treaty meeting in New York City this week. (Re ad more.)

Justice Ginsburg Reminds Us What is at Stake in November: We re ported last week on liberal U.S. Supreme Court Justice Ruth Bader Ginsburg’s dim view of the Constitution, noting that Ginsburg was recently quoted as saying, “I would not look to the United States Constitution if I were drafting a constitution in the year 2012.”

This week, NRA-ILA Executive Director Chris W. Cox wrote an excellent column on Townhall.com that is must-reading if you want clear insight into what is at stake in this year’s critical presidential election. To read the column, please click here.

Watch “Gunny” Take Charge! Too many Americans have, for one reason or another, chosen to sit on the sidelines by not registering to vote. Unfortunately, this includes too many American gun owners. (Read more.)

Defeat the Holder/Obama Gun Registration Scheme: U.S. Attorney General Eric Holder and the Obama administration have devised and implemented a plan that amounts to a gun registration scheme. (Read more.)

Plan to Attend Free Grassroots Workshop at NRA’s Upcoming Annual Meetings in St. Louis, MO! With so much at stake in the 2012 elections, this Grassroots Workshop will provide tips and strategies on how gun owners can work more effectively to elect a pro-gun President, Members of Congress, and state legislatures who will preserve our rights. In addition to hearing from NRA Officers and NRA-ILA staff, for the first time ever, a panel of your fellow NRA members, giving firsthand accounts of their grassroots strategies and successes, will be integrated into the program. (Read more.)

Firearms Law Seminar: The 15^th Annual Firearms Law Seminar will be held on Friday, April 13, 2012, as part of the NRA Annual Meeting. The gold standard in firearms CLE classes, this day-long seminar provides legal instruction for practicing attorneys who represent firearms owners, licensed dealers and gunsmiths, as well as for attorneys wishing to expand their practice to such clients, and others having an interest in Second Amendment law. (Read more.)

Grassroots News Minute Video: To view this week’s “Grassroots News Minute” video, please click here: http://www.youtube.com/watch?v=qqXZWsV2xK0

STATE ROUNDUP (Please note the only items listed below are those that have had recent action. For other updates on state legislation, please go to the state legislation section at www.NRAILA.org, and check each week’s issue of the Grassroots Alert.)

For additional information, please click on the links provided.

ARIZONA: Legislation to Strengthen the Second Amendment Rights of Individuals on Public Property Advances for House Floor Vote
On February 15, House Bill 2729 was given a “do pass” recommendation in the House Military Affairs and Public Safety Committee by a 6 to 2 vote. HB 2729, among other things, amends various sections of the Arizona Revised Statutes to remove the current prohibition on entering a public establishment or attending any public event while carrying a deadly weapon on one’s person, and instead provides for regulation of firearms and ammunition on public property only if specific criteria are met.

Pro-Hunting Legislation Passes in Committee and is Sent to House floor!
On February 8, the Arizona House Committee on Military Affairs and Public Safety passed House Bill 2728. This NRA-backed pro-hunting legislation could now be voted on by the state House as early as next week. Enactment of HB 2728 would allow hunters in Arizona to use lawfully-possessed suppressors (also referred to as silencers) on firearms for hunting. This bill needs your support!

Senate Judiciary Committee Passes Campus Personal Protection Bill!
On February 7, the Arizona Senate Judiciary Committee passed Senate Bill 1474. This bill would enable law-abiding citizens to defend themselves while on the grounds of higher education campuses. SB 1474 will now be sent to the Senate floor for a vote. Please call AND e-mail your state Senator and encourage him or her to support this important personal protection legislation!

COLORADO: Vital NRA-Backed Bills Pass House Committee
On February 9, after extensive testimony in support of NRA-drafted bills, House Bill 1048 and House Bill 1064 passed in the state House Judiciary Committee. HB 1048 would eliminate the duplicative and broadly disqualifying state-run Colorado Bureau of Investigation (CBI) InstaCheck system for the purchase of firearms and solely utilize the existing National Instant Criminal Background Check System (NICS). HB 1064 would prohibit the state or any government agency, during a declared state of emergency, from prohibiting or restricting your Second Amendment rights.

GEORGIA: Firearms Destruction Prevention Legislation Passes Senate Committee Unanimously
On February 9, Senate Bill 350 passed unanimously in the state Senate Judiciary Committee, along with an amendment that would require law enforcement agencies to begin the process of returning seized firearms within thirty days of a court’s final judgment. SB 350 would mandate municipal, county and state police authorities return all seized firearms, not currently being held as evidence in a criminal investigation, to the lawful owner if able. If the lawful owner is not found or unable to take possession of the firearm, SB 350 would require these agencies to sell these firearms at a public auction to a licensed firearms dealer.

ILLINOIS: Statewide Handgun Registry and Ammunition Tax Bills Filed in the House
Two bills assaulting your Second Amendment rights have been filed in Springfield this past week. Introduced on February 17 by state Representative Kelly Cassidy (D-14), House Bill 5167 seeks to impose a punitive tax on firearm ammunition purchases. House Bill 5631, sponsored by Representative William Davis (D-30), would force law-abiding handgun owners to comply with Chicago Mayor Rahm Emanuel’s (D) proposed statewide handgun registry scheme.

INDIANA: House Takes Up NRA-Backed Pro-Hunting Legislation!
After passing in the Indiana Senate with overwhelming bi-partisan support, NRA-backed Senate Bill 243 now awaits its hearing in the House Public Policy Committee. A hearing could be set as early as Wednesday, February 22. SB 243 would allow Hoosiers to use lawfully-possessed suppressors (also referred to as silencers) on firearms for hunting. Currently, Indiana law permits use of suppressors for all shooting activities except for the taking of game.

Charity Gaming Bill Benefitting Friends of NRA Banquets Passes House Committee!
On February 15, the Indiana House Public Policy Committee voted 8 to 0 to pass Senate Bill 315, authored by state Senator Randy Head (R-18) and sponsored by Representative Mark Messmer (R-63). This bill will now be sent to the House floor for its second reading vote as early as Monday, February 20. SB 315 would streamline the licensing and reporting process for charity gaming events, such as Friends of NRA Banquets.

IOWA: Fight Over Ammunition Ban for Dove Hunting Reaches Critical Point!
The battle over a potential lead shot ban for dove hunting continues to rage in Des Moines. This issue is far bigger than many Second Amendment supporters in the Hawkeye state realize. This is not an attack on just the newly-established dove season, but a direct attack on both hunters and shooters. House Joint Resolution 2001, legislation that would prevent Iowa from being the first state to impose such an unfounded and comprehensive ban on lead ammunition, has already passed in the state House of Representatives by an overwhelming bipartisan 73 to 27 vote. It now faces its biggest hurdle in the state Senate. House members showed the courage of their convictions and now it’s time that we make sure the state Senate does the same!

MAINE: Employee Protection Bill Moves to the House Floor
On February 13, LD 1603 was voted “ought to pass” as amended vote by the Maine Joint Criminal Justice and Public Safety Committee by an 8 to 5. LD 1603 will now go to the House floor for consideration. Legislative Document 1603 would prohibit the state from banning a state employee, who has a valid permit to carry a concealed firearm, from keeping a firearm in his or her vehicle on state property as long as the vehicle is locked and the firearm is not visible.

MICHIGAN: Heading in the Right Direction with Youth Mentored Hunting Program
On February 10, the Michigan Natural Resources Commission approved an NRA-backed program that encourages youth participation in hunting, trapping and fishing. Although this program contains unnecessary and vague language requiring mentored hunters to “stay at arm’s length” of an adult mentor, Michigan’s Mentored Youth Hunting Program is a significant step in the right direction. As has been proven in other states, mentored hunting programs are an essential tool for recruiting the next generation of hunters.

MINNESOTA: Gun Rights Bill Under Attack!
The state Senate Finance Committee recently passed House File 1467, one of the NRA’s top legislative priorities, by a 10 to 5 vote. This important legislation, sponsored by state Senator Gretchen Hoffman (R-10) and state Representative Tony Cornish (R-24B), is expected to be considered by the full Senate next week. Because a Senate vote is likely next week, opponents and anti-gun forces are using every means possible - including major news conferences at the Capitol - to keep HF 1467 from passing and becoming law, so it is imperative that you contact your state Senator today and urge him or her to support HF 1467.

NEBRASKA: Employee Protection Legislation to be Heard in Committee
Legislative Bill 785 has been scheduled to be heard in the Judiciary Committee on Wednesday, February 22, at 1:30 p.m. in Room 1113 of the Nebraska Capitol.
LB 785 would allow the transportation and storage of firearms in locked personal vehicles while on publicly-accessible parking lots.

NEW HAMPSHIRE: NRA-Backed Pro-Gun Bill Still Alive in state Senate after Three Pro-Gun Bills get Sent to Interim Study
On February 8, the New Hampshire Senate sent three pro-gun bills, House Bill 194, House Bill 330 and House Bill 334 to interim study. Therefore New Hampshire gun owners now need to focus on NRA-backed House Bill 536. HB 536 is currently pending consideration in the state Senate. This Right-to-Carry legislation would repeal the existing law that requires a person to have a concealed firearm license in order to carry concealed.

NEW MEXICO: Senate Bill 26 Passes House and is Sent to Governor Martinez!
Senate Bill 26, sponsored by state Senator Bill Payne (R-ABQ) and carried in the House during the last few critical days of session by state Representative Bill Rehm (R-ABQ), passed in the state House by an overwhelming 61 to 6 vote the night before the Legislature adjourned sine die on February 16. This bill is now on its way to Governor Susana Martinez for her signature.

OREGON: CHL Confidentiality Bill Needs Your Immediate Help!
On February 15, NRA-supported House Bill 4045 passed in the state House of Representatives by a 44 to 14 vote. HB 4045 has been forwarded to the Oregon Senate, but has not yet been assigned to a committee. HB 4045 would provide for the confidentiality of Concealed Handgun License holders’ personal information. It is extremely important that NRA members contact Senate President Peter Courtney (D-11) as soon as possible and ask that he assign HB 4045 to a committee and order a hearing with no amendments attached so this bill can move to the Senate floor immediately.

PENNSYLVANIA: House Action on Firearms Preemption Enhancement Bill Postponed until March
The Pennsylvania House of Representatives has again postponed its second consideration of the NRA-backed House Bill 1523 - this time until the week of March 12. House Bill 1523, sponsored by state Representative Daryl Metcalfe (R-12), would strengthen Pennsylvania’s firearms preemption law to further ensure firearm and ammunition laws are uniform throughout the state.

TEXAS: Parks and Wildlife Commission Opens Public Comment Period for Allowing Suppressor Use While Hunting
The Texas Parks and Wildlife Commission is seeking public comment on a proposed rule change allowing the use of suppressors (also referred to as silencers) on firearms for the hunting of game species. Currently, Texas law permits the use of lawfully-possessed suppressors for all other shooting activities, including the taking of nuisance species. Enactment of this rule change would ensure that hunting is treated the same way as other shooting activities with respect to the use of suppressors, and allow all hunters to reap the many benefits suppressor use provides.

VIRGINIA: House Militia, Police and Public Safety Committee Sends Four Pro-Gun Bills to the House Floor
On February 17, the House Militia, Police and Public Safety Committee passed four pro-gun bills, sending them to the House of Delegates for consideration next week. During its meeting, the committee passed legislation to strengthen your Second Amendment rights during a declared state of emergency as well as two bills that would streamline the concealed carry permit process. The fourth bill passed in committee was the Senate companion of House Bill 940, one-gun-a-month repeal, which was recently passed in the Senate and sent to Governor Bob McDonnell. However, one NRA-supported bill, Senate Bill 429, was carried over until next year.

Sunday Hunting Tabled for Remainder of 2012 Legislative Session
On February 15, the state House Natural Resources Subcommittee tabled Senate Bill 464 for the rest of this current legislative session. SB 464, sponsored by state Senator Ralph Northam (D-6), would have allowed hunting on private land and public waterways on Sundays. Repealing the prohibition on Sunday hunting in Virginia will continue to be a top legislative priority for the NRA.

Planning Process Underway for James River National Wildlife Refuge
The U.S. Fish and Wildlife Service is writing a new management plan for the James River National Wildlife Refuge which is located along the James River in Prince George County, eight miles southeast of Hopewell and thirty miles southeast of Richmond. The 4,325-acre refuge is open to deer hunting. The USFWS is inviting public comments to help shape management decisions on the refuge for the next fifteen years. Once a plan is drafted it will be made available for public review and comment. The Service has identified several preliminary issues, concerns, and opportunities, including the amount and distribution of public use. If you want to become involved in the planning process, you may submit comments to fw5rw_evrnwr@fws.gov. Please include “James River CCP” in the subject line. For further information you may call Meghan Carfioli, the Planning Team Leader, at 804-829-5413.

WASHINGTON: Three Firearm-Related Measures Move Forward
On February 13, House Bill 1508, legislation relating to shooting ranges, was amended and passed in the state House by a 93 to 5 vote. On February 14, House Bill 2471, a background check reform bill, passed in the state House by a 96 to 2 vote. Additionally, Senate Bill 6123, an NRA special license plate bill, passed in the state Senate by a 36 to 13 vote. At this time no action is needed on your part.

Lead Shot Ban on Pheasant Release Sites
Last September, we informed you about the Washington Department of Fish and Wildlife Commission’s overly broad ban on the use of traditional ammunition (lead ammunition) for all upland game hunting on all of the state’s pheasant release sites. Unfortunately, the WDFW has ignored the NRA’s and your requests to repeal the ban. The proposed rules for the 2012-2014 seasons can be found here. Citizens have until Tuesday, February 21, to submit public comment regarding these proposed rules.

WEST VIRGINIA: NICS Exemption Bill Passes Senate Committee Unanimously
On February 15, the state Senate Judiciary Committee passed Senate Bill 353 unanimously by a voice vote. SB 353, introduced by state Senate Majority Leader John Unger (D-16) and Senate President Jeff Kessler (D-2), would expedite the process of purchasing a firearm for valid concealed carry permit holders by making West Virginia eligible for an exemption from the FBI National Instant Criminal Background Check System.

Watch “Gunny” Take Charge in Our New TV Ad!

Too many Americans have, for one reason or another, have chosen to sit on the sidelines by not registering to vote. Unfortunately, this includes too many American gun owners. It’s part of my job to do something about that.

That’s why the NRA Freedom Action Foundation is wasting no time this year to launch our massive “Trigger the Vote” voter registration drive. Protecting our freedoms requires an informed electorate that’s motivated to go to the polls. We know that when gun owners vote, freedom wins!

But in virtually every state, you have to be registered before you can vote. That’s why the NRA Freedom Action Foundation sponsors the important “Trigger the Vote” voter registration campaign, featuring film legend Chuck Norris as our Honorary Chairman.

This year, Chuck is getting an assist from another action hero - R. Lee “Gunny” Ermey, retired Marine Corps Gunnery Sergeant, and member of the NRA Board of Directors. We are proud that Gunny volunteered his time to film a new voter registration PSA, and we wanted to give NRA Members the first look. Here’s what Gunny had to say about the ad:

“Listen up and hear me well! This is a critical time for our nation, and too many people are sitting back to let others do the hard work. So it’s time for all of us to put some gas in it and persuade all eligible gun owners to register. That’s why I volunteered my time to film the ad shown here. Now it’s your turn and I want to see results! Start now by sending this message to everyone you know who supports the Second Amendment. I expect 110% right now from everyone who values our freedoms! NO EXCUSES. And remember — pain is just weakness leaving the body!”

- R. Lee “Gunny” Ermey, NRA Board of Directors

Sounds like he’s serious! Watch the ad here and send it to your friends, family, and fellow gun owners.

Sincerely,

Chris W. Cox
Executive Director
NRA Institute for Legislative Action

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NRA questions what part of the Fast & Furious did Obama and Holder play in the scheme of things?  Is this an attempt to regulate more gun laws on the American people by allowing firearms to “walk” from gun stores? you bet!

Recently, a federal district court in Washington, D.C. issued a ruling upholding an Obama administration policy that requires federally licensed firearms retailers in states bordering Mexico to report multiple sales of semi-automatic rifles. The case was brought by two NRA-backed firearm retailers and by the National Shooting Sports Foundation acting on behalf of its affected members. Plaintiffs have already filed an appeal—but while we await the outcome, your help is urgently needed in seeking congressional action to end this illegal policy.

Devised by Attorney General Eric Holder’s Bureau of Alcohol, Tobacco, Firearms and Explosives, the plan requires all of the 8,700 firearm dealers in California, Arizona, New Mexico and Texas to report all sales of two or more semi-automatic rifles within five consecutive business days, if the rifles are larger than .22 caliber and use detachable magazines.

“A Significant Indictment” of DOJ’s “Integrity”: In a move that stunned members of the House Oversight and Government Reform Committee, the chief of the criminal division in the U.S. Attorney’s Office in Arizona has cited his Fifth Amendment rights against self-incrimination and refused to testify.

Outrage of the Week: Politician Attacks Sheriff’s Support of Self-Defense: During an Oct. 31 press conference following the attempted rape of a woman walking her dog by a convicted felon, Spartanburg County, S.C., Sheriff Chuck Wright didn’t mince words. “It’s too bad someone with a concealed weapons permit didn’t walk by. That would fix it,” Wright said. Wright then repeatedly told his constituents “I want you to get a concealed weapons permit.” To hammer the point home he held up a fanny pack, saying, “They make this right here where you can conceal a small pistol in them.”

Second Amendment Weekend at Cabela’s in Dundee, MI: Join NRA-ILA Headquarters staff February 10-11^th, 2012, for a weekend of important grassroots education for gun owners. 2012 is undoubtedly the most critical election year ever for our Second Amendment rights and we must redouble our efforts to guarantee victory on Election Day. Please make plans to attend NRA-ILA’s FREE Grassroots Workshop and NRA University to learn what you can do to become a better activist in the fight to protect and promote the Second Amendment!

Grassroots News Minute Video: To view this week’s “Grassroots News Minute” video, please click here:

http://www.youtube.com/watch?v=mIYkRmi2TjE

STATE ROUNDUP (Please note the only items listed below are those that have had recent action. For other updates on state legislation, please go to the state legislation section at www.NRAILA.org, and check each week’s issue of the Grassroots Alert.)

For additional information, please click on the links provided.

GEORGIA: Pro-Hunting Bill Passes Unanimously in Senate Committee!
On January 25, NRA-backed Senate Bill 301 passed unanimously in the state Senate Natural Resources & the Environment Committee! This bill now goes to the Senate floor. SB 301 would allow Georgians to use lawfully-possessed suppressors (also referred to as silencers) on firearms for hunting. Currently, Georgia law permits the use of suppressors for all shooting activities except for the taking of game.

State Senator Introduces NRA-Backed Legislation to Prohibit Destruction of Firearms
On January 27, state Senator Don Balfour (R-9) introduced NRA-backed legislation, Senate Bill 350. This bill would require local and state police authorities to return seized firearms, not currently being held as evidence in a criminal investigation, to the lawful owner if able. If the lawful owner is not found or unable to take possession of the firearm, SB 350 would require these agencies to sell these firearms at a public auction or to a licensed firearms dealer. SB 350 has been assigned to the state Senate Judiciary Committee, but a hearing date has not yet been scheduled.

IOWA: Traditional Ammunition Protections Move Forward in Des Moines
On January 26, the state House Natural Resources Committee passed House Joint Resolution 2001 by a 17 to 4 vote. HJR 2001, which is the House companion of Senate Joint Resolution 2001, is now headed to the House floor for consideration. SJR 2001 and HJR 2001 would rescind the Iowa Natural Resources Commission’s unjustified and dangerous regulation banning the use of traditional ammunition for dove hunting. SJR 2001, which has passed in the state Senate Natural Resources and Environment Committee, is currently awaiting Senate floor action.

ILLINOIS: Pending House Votes on Three Anti-Gun Bills in Illinois
Three anti-gun bills passed on January 24 in the state House Rules Committee and could be voted on at anytime when the House convenes on January 31. House Bill 1294 seeks to ban countless semi-automatic handguns, rifles, and shotguns, many parts for them, as well as .50 caliber rifles and ammunition. House Bill 1599 would classify countless semi-automatic handguns, rifles, and shotguns as “semi-automatic assault weapons,” and would classify as “high capacity ammunition” any “ammunition of .50 or more caliber.” House Bill 1855 would create penalties for individuals who have had their firearms stolen if they fail to report the theft in an arbitrarily determined time-frame. Please contact your state Representative TODAY and urge him or her to protect your Second Amendment rights and oppose HB 1294, HB 1599, and HB 1855!

INDIANA: Senate Public Policy Committee Passes Charity Gaming Legislation Crucial to Friends of NRA Events!
On January 25, the Senate Public Policy Committee passed Senate Bill 315 by a 9 to 1 vote. This bill will come up for a vote in the Senate as early as Monday. SB 315 will streamline the licensing and reporting process for charity gaming events, such as Friends of NRA banquets. These policy changes would greatly improve the ability of Friends of NRA committees to comply with Indiana charitable gaming laws in a timely and less cumbersome fashion, while protecting the personal information of Friends of NRA volunteers.

NRA-Backed Pro-Hunting Legislation Passes Committee and Goes to the Senate Floor!
Today, NRA-backed Senate Bill 243 passed in the Senate Judiciary Committee by a 7 to 1 vote! This bill will now go to the full Senate for a floor vote. SB 243 would allow Hoosiers to use lawfully-possessed suppressors (also referred to as silencers) on firearms for hunting. Currently, Indiana law permits use of suppressors for all shooting activities except for the taking of game. Enactment of SB 243 would ensure that hunting is treated the same way as other shooting activities with respect to the use of suppressors, and allow hunters to reap the many benefits suppressor use provides.

NEBRASKA: Critical Castle Doctrine Bill Heard in Committee
On January 25, Legislative Bill 804 was heard by the Judiciary Committee. This bill would create a presumption in the favor of a person who uses force against an intruder who has, or is attempting to, unlawfully and forcibly enter a dwelling or occupied vehicle. In such cases, deadly force would be presumed to be necessary for defense of those within the premises.

NEW JERSEY: Assembly Committee to Consider Ammo Ban & More
On Monday, January 30, the New Jersey Assembly Law and Public Safety Committee is scheduled to consider Assembly Bill 588 and Assembly Bill 1013. A588 is cleverly disguised as police safety legislation aimed at armor piercing ammunition (which is already prohibited under federal and state law). The measure actually opens the door to a sweeping ammunition ban by an unelected public official by executive fiat. Common hunting, target, and self-defense ammunition would be subject to ban, along with BB’s, airgun pellets, and non-metallic ammunition like plastic airsoft pellets, if the Attorney General decides that they pose a threat to the safety and well being of law enforcement.

NEW MEXICO: Pro-Gun Legislation Being Considered by Legislature!
Several pro-gun reform measures are on the move in this year’s thirty-day session which began on January 17. Senate Bill 26 would allow New Mexico residents to purchase long guns in non-contiguous states and residents of non-contiguous states to purchase long guns in New Mexico. SB 26 received an executive message from Governor Susana Martinez and has been ruled germane to the budget-only legislative session.

NORTH CAROLINA: Forsyth County Commissioners Postpone Vote on Carrying Concealed in County Parks!
At its meeting on January 23, the Forsyth County Board of Commissioners was slated to vote on allowing concealed carry in county parks. Currently, both open and concealed carrying of firearms is banned in all Forsyth County parks, and there has been heated debate over the effect enactment of any new laws would have on citizens and visitors alike. Due to intense arguments on both sides, the county commissioners decided to postpone any action on this measure until they meet again on Monday, February 13.

OHIO: Reserve your seats for the 2012 Buckeye Bash and discover the “inside story” behind “Fast & Furious!”
Former NRA President Sandra Froman is the keynote speaker for this year’s event and will reveal what’s really going on in the gun-running scandal rocking the Obama administration. Plus, she’ll discuss the future of gun rights in America, and the dangers that lie ahead for all of us.

Buckeye Firearms Foundation will be holding this year’s fundraiser at the Crowne Plaza Hotel in Dublin, Ohio, on Saturday, February 11, and they promise that you’re in for a treat. Enjoy a great meal, participate in fun games and raffles, and join in on silent and live auctions for great items, like valuable firearms, artwork, collectibles, gun gear, knives, jewelry and more! Click here (http://www.buckeyefirearms.org/Buckeye-Bash) for more information and to get your tickets now!

PENNSYLVANIA: Votes on Pro-Gun House Bills Postponed until February
On January 24, the state House Judiciary Committee was scheduled to vote on two very important firearm bills. Unfortunately, the votes on House Bill 1523 and House Bill 1668 have been delayed until next month. Please continue to call AND e-mail your state Representative urging him or her to support HB 1523 and HB 1668. These much-needed pro-gun bills would make critical changes to enhance Pennsylvania’s firearm laws.

SOUTH DAKOTA: Employee Protection Legislation Introduced in Pierre!
On January 23, NRA-backed legislation that would prohibit employers from preventing employees from lawfully storing firearms in their locked personal vehicles was formally introduced in the state House of Representatives. Introduced by House Speaker Val Rausch (R-4) and sponsored by Senate Majority Leader Russell Olson (R-8), House Bill 1132 will address a long standing issue for South Dakotans. Please contact your state legislators today and urge them to cosponsor and support HB 1132.

TENNESSEE: House Companion Employee Protection Bills Filed
On January 25, we reported that two NRA-drafted employee protection bills were filed in the Tennessee Senate, Senate Bill 2992 and Senate Bill 3002. We are pleased to announce that the House companion bills were filed on January 26. House Bill 3560 and House Bill 3559 are NRA-drafted bills that would prevent employers from discriminating and enforcing policies against the storage of lawfully-owned firearms in employees’ locked private motor vehicles parked at work.

VIRGINIA: Senate Passes Historic Sunday Hunting Legislation!
On January 26, in a victory for sportsmen throughout the Commonwealth, the Virginia Senate passed legislation to repeal the comprehensive ban on Sunday hunting by a 29 to 11 vote. This bipartisan action will now send Senate Bill 464 to the House of Delegates for committee assignment and further consideration. Those Senators who voted to allow Sunday hunting in Virginia voted to preserve Virginia’s treasured hunting heritage, honor essential private property rights and provide an enormous annual economic stimulus without spending a single dollar of taxpayer money.

House Militia, Police and Public Safety Committee Passes Five Pro-Gun Bills!
On January 27, the House Militia, Police and Public Safety Committee passed five pro-gun bills: House Bill 20, House Bill 22, House Bill 26, House Bill 375 and House Bill 940. These bills will all now be sent to the floor of the House of Delegates for consideration. It is important that you contact your Delegate today and urge him or her to support these bills when they come up for a vote.

Planning Process Underway for James River National Wildlife Refuge
The U.S. Fish and Wildlife Service is writing a new management plan for the James River National Wildlife Refuge which is located along the James River in Prince George County, eight miles southeast of Hopewell and thirty miles southeast of Richmond. The 4,325-acre refuge is open to deer hunting. The USFWS is inviting public comments to help shape management decisions on the refuge for the next fifteen years. Once a plan is drafted it will be made available for public review and comment. The Service has identified several preliminary issues, concerns, and opportunities, including the amount and distribution of public use. If you want to become involved in the planning process, you may submit comments to fw5rw_evrnwr@fws.gov. Please include “James River CCP” in the subject line. For further information you may call Meghan Carfioli, the Planning Team Leader, at 804-829-5413.

WASHINGTON: Two Pro-Gun Bills Could be Heard in House Committee on Monday
House Bill 1508, a shooting range protection bill, and House Bill 2471, a background check reform bill, are scheduled for an executive session and could be voted on by the House Judiciary Committee this Monday, January 30, at 1:30 p.m. in Hearing Room A of the John L. O’Brien Building in Olympia. House Bill 1508 is a vital shooting range protection bill, introduced by state Representatives Dean Takko (D-19), Tim Probst (D-17) and Kevin Van De Wege (D-24). Shooting ranges are critical to competitive and recreational shooters, hunters, law enforcement, and individuals who just want to practice for self-defense.

WEST VIRGINIA: Four NRA-Backed Bills Introduced in the Mountain State
Pro-gun West Virginia legislators have introduced four NRA-backed bills already with at least one more bill expected to be introduced in the very near future. SB 149, SB 353 and SB 370 have been sent to the state Senate Judiciary Committee for its consideration. SB 144 has been sent to the state Senate Natural Resources Committee for its consideration. For more information on these bills please click on the above link.

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ATAC TV FIREARMS, MARK FLINN, JIM FULLER, JEFF HALL, LENNY BOLTON, GLENN JUSTICE, TOM CLARKE, RIFLE DYNAMICS, VENOM TACTICAL, FORCE OPTIONS, TC TACTICAL KNIVES, NRA, FIRED UP,

NRA will appeal yesterday’s decision by a federal court in Texas, which held that the Second Amendment doesn’t protect any right to keep or bear arms outside the home.

The decision, handed down by U.S. District Judge Sam Cummings of the Northern District of Texas, came in the case of Jennings v. McCraw, in which a group of law-abiding 18- to 20-year old adults challenged the state law prohibiting issuance of concealed handgun licenses to persons under 21, who are treated as adults for virtually every other purpose under the law. (NRA is also a party on behalf of its members in this age group.) Judge Cummings ruled that it was unnecessary to address the state’s discrimination against young adults because “the right to carry a handgun outside of the home … seems to be beyond the scope of the core Second Amendment concern articulated in Heller [v. District of Columbia].”

Chicago: Challenge to Ban on Guns Outside the Home Goes Forward: On January 19, a federal judge in Chicago allowed NRA-supported plaintiffs to move ahead with a challenge to that city’s laws that ban anyone from possessing or carrying a handgun except in his or her home, and that ban possession or carriage of a long gun anywhere outside his or her home or place of business.

Congressional Action Needed to Stop Obama/Holder Gun Registration Scheme: Last week, a federal district court in Washington, D.C. issued a ruling upholding an Obama administration policy that requires federally licensed firearms retailers in states bordering Mexico to report multiple sales of semi-automatic rifles. The case was brought by two NRA-backed firearms retailers and by the National Shooting Sports Foundation acting on behalf of its affected members. Plaintiffs have already filed an appeal—but while we await the outcome, your help is urgently needed in seeking congressional action to end this illegal policy.

Rumor Alert: The Vehicle Gun Theft “Epidemic”: Long before Al Gore “created” the Internet, gun owners were busy perfecting grassroots networking. Today, gun owners have an almost unlimited number of ways to spread information crucial to our community. And, while the Internet is certainly an indispensible tool for protecting our rights, an unfortunate side effect has been the fast and easy spread of rumors.

Second Amendment Weekend at Cabela’s in Dundee, MI: Join NRA-ILA Headquarters staff February 10-11^th, 2012, for a weekend of important grassroots education for gun owners. 2012 is undoubtedly the most critical election year ever for our Second Amendment rights and we must redouble our efforts to guarantee victory on Election Day.  Please make plans to attend NRA-ILA’s FREE Grassroots Workshop and NRA University to learn what you can do to become a better activist in the fight to protect and promote the Second Amendment!

GRASSROOTS NEWS MINUTE VIDEO: To view this week’s “Grassroots News Minute” video, please click here:

http://www.youtube.com/watch?v=mIYkRmi2TjE
STATE ROUNDUP (Please note the only items listed below are those that have had recent action. For other updates on state legislation, please go to the state legislation section at www.NRAILA.org, and check each week’s issue of the Grassroots Alert.)

For additional information, please click on the links provided.

GEORGIA: Bill Introduced to Further Regulate Georgia Right-to-Carry
On January 13, state Representative Roger Bruce (D-64) introduced legislation that would undermine Georgia’s Right-to-Carry law. House Bill 735 would amend the current concealed carry law by mandating a firearms safety training course within one year of application for Georgia Firearm Permit. HB 735 has been referred to the state House Judiciary Non-Civil Committee for further consideration.

HAWAII: 2012 Hawaii Legislative Session Convenes
The Hawaii Legislature convened on Wednesday, January 18.  There are several bills that have been carried over from the 2011 legislative session, as well as some newly introduced gun-related measures. We will be updating you on the status of these bills as it changes and providing you with information needed to take action as the session progresses.

ILLINOIS: Oak Park Considering More Firearm Regulations
The Village of Oak Park is holding a community forum on Tuesday, January 24, to hear public comments relating to the imposition of additional local restrictions on the sale and possession of firearms. This forum will be hosted by the Board of Health, and the views expressed will be communicated to the Village Board as it considers enacting restrictions on where, how and to whom firearms are sold, and how they are stored.

IOWA: Resolutions Protecting Traditional Ammunition to be Heard in State Senate and House Committees
On January 19, the state Senate Natural Resources and Environment Subcommittee passed Senate Joint Resolution 2001 by a 2 to 1 vote and it will now go before the full committee.  This resolution would remove the Iowa Natural Resources Commission’s unnecessary regulation banning the use of traditional ammunition for dove hunting.  Also on January 19, the state House Natural Resources Subcommittee passed the House companion resolution to SJR 2001 by a 3 to 2 vote.

NORTH CAROLINA: Forsyth County Board to Vote on Local Park Carry Restrictions
The Forsyth County Board of Commissioners is considering an ordinance to address the local park carry provisions of House Bill 650, as previously reported here.  You may recall that, HB 650 removes the absolute authority of local governments when it comes to deciding if Right-to-Carry (RTC) permit holders may lawfully carry their firearms into parks under the control of these local governments. This new law, which went into effect on December 1, 2011, allows localities to impose some restrictions on carrying in certain parks by permittees.  However, the new law does not in any way mandate adoption of these permissible restrictions.

PENNSYLVANIA: Penn Township to Consider Discharge Ordinance
Recently, the Penn Township Board of Supervisors announced its interest in forming a citizen subcommittee to explore the enactment of a firearm discharge ordinance in the community.  For more information on this important firearm issue, please read the Lancaster Online article, Penn explores firearms law, by Beth Anne Heesen.

TEXAS: Texas Parks and Wildlife Commission to Consider Rule Change to Allow Hunting with Suppressors
At its next meeting on Wednesday, January 25, the Regulations Committee of the Texas Parks and Wildlife Commission will present proposed amendments to the 2012-2013 Statewide Hunting Proclamation. It will seek permission for them to be published in the Texas Register for public comment. These amendments include a regulatory change that would expand the use of lawfully-possessed suppressors on firearms while hunting non-nuisance species. This common sense reform will help prevent hearing loss and mitigate noise complaints against sportsmen in the Lone Star State.

VIRGINIA: Sunday Hunting Legislation Passes Senate Committee!
Yesterday, the Senate Agriculture, Conservation and Natural Resources Committee considered four similar Sunday hunting bills. The committee rolled these four bills into Senate Bill 464 and then passed it by an 11 to 4 vote. This legislation will now be sent to the full state Senate for its consideration.

Hearing on Castle Doctrine Self-Defense Bills Postponed!
Although scheduled for January 18, the Criminal Law Subcommittee of the House Courts of Justice Committee postponed its hearing for four “Castle Doctrine” bills. At this time these bills are expected to be considered next week. “Castle Doctrine” establishes the presumption that an individual who forcibly enters one’s home, business or occupied motor vehicle is there to cause death or great bodily harm, and allows force, including deadly force, against that person.

WASHINGTON: Washington Shooting Range Protection Bill Needs Your Help!
On January 12, House Bill 1508, a vital shooting range protection bill was heard in the House Judiciary Committee. Due to the short legislative session, this bill needs to be voted on soon if it is going to pass this year. Please contact your state Representative today and respectfully urge him or her to support House Bill 1508. 

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Record NICS Checks in 2011: In January, the FBI reported that the National Instant Criminal Background Check System (NICS) performed a record number of background checks in 2011. Over 99 percent of NICS checks are firearm-related.Obama to Congress: I’ll Decide What’s Constitutional: This week, NRA-ILA Executive Director Chris W. Cox wrote a comprehensive op-ed for the Daily Caller regarding President Obama abusing executive privilege and seeking new ways to vilify gun owners and further his anti-gun agenda. To read the piece, please click here.Get Involved In This Year’s Elections: NRA, along with America’s gun owners and Second Amendment supporters, have long been anticipating the 2012 elections—discussing, planning, preparing to ensure that our nation heads in the right direction of protecting freedom and our Second Amendment rights. Now is the time to put those plans into action, and with the help of the NRA-ILA Grassroots Division, we are confident in victory for 2012!Rep. Darrell Issa (R-Calif.) announced this week that U.S. Attorney General Eric Holder will testify on Feb. 2 before the House Oversight and Government Reform Committee about his role in the Bureau of Alcohol, Tobacco, Firearms and Explosives’ now-infamous “Operation Fast and Furious.”

Issa, who is chairman of the House committee, and Senate Judiciary Committee ranking member Chuck Grassley (R-Iowa) have led an ongoing investigation into the role of Holder and the Department of Justice in the operation.

Rumor Alert: Veterans’ Health and “Sporting Purposes” Among the thousands of questions NRA-ILA answers every month by email, phone and letter are scores that begin “This guy told me he heard …” Unfortunately, all too often this is the telltale sign of one of the rampant rumors that circulate around campfires or gun store counters, and especially on the Internet. Three of the most recent top rumors involve veterans’ gun rights, the status of the “sporting purposes” test for firearms importation, and new restrictions on gun shows.

GRASSROOTS NEWS MINUTE VIDEO: To view this week’s “Grassroots News Minute” video, please click here:

http://www.youtube.com/watch?v=mIYkRmi2Tj ESTATE ROUNDUP (Please note the only items listed below are those that have had recent action. For other updates on state legislation, please go to the state legislation section at www.NRAILA.org, and check each week’s issue of the Grassroots Alert.)

For additional information, please click on the links provided.

NEVADA: Sheriffs’ and Chiefs’ Association Hosting Fourth Annual CCW Forum
The Nevada Sheriffs’ and Chiefs’ Association will be hosting its annual Concealed Carry Weapons forum in Las Vegas on Tuesday, January 17 from 9:00 a.m. to 12:00 p.m. in the Grant Sawyer Government Building (room 4401) located on 555 East Washington Avenue in Las Vegas.  Your participation is key to the continued success of Nevada’s Right-to-Carry process, so please attend this important forum.

NEW HAMPSHIRE: Pro-Gun Legislation Passes in State House
Despite fierce opposition from Governor John Lynch, House Bill 334 and House Bill 536 passed in the state House of Representatives and will now go to the state Senate for consideration. HB 334 would strengthen current statewide firearms preemption by further prohibiting local governments or state agencies from enacting ordinances or regulations for the use of firearms. HB 536 would repeal the existing law that requires a person to have a concealed firearm license in order to carry concealed.

NEW MEXICO: Pro-Second Amendment Companion Bill Pre-Filed for Short Session!Recently, state Senator Bill Payne (R-ABQ) pre-filed Senate Bill 26, the Senate companion measure to House Bill 32, which was introduced in December by state Representative Bill Rehm (R-ABQ) and previously reported here.  This legislation would repeal Section 30-7-9 of the New Mexico Criminal Code, which limits the purchase of rifles and shotguns by New Mexico residents to their home state and contiguous states.

ATAC TV FIREARMS, MARK FLINN, TOM CLARKE, LENNY BOLTON, JEFF HALL, GLENN JUSTICE, SEAN RIGO, JIM FULLER, VENOM TACTICAL, RIFLE DYNAMICS, FORCE OPTIONS, MARKFLINN.ME

Opening Briefs Filed in Federal Age Limit Challenge

On Dec. 5, the NRA filed its opening appellate brief on behalf of several law-abiding young adults challenging the federal ban on dealer sales of handguns and handgun ammunition to persons between the ages of 18 and 20. The case is Jennings v. Bureau of Alcohol, Tobacco, Firearms, and Explosives, and will be heard in the U.S. Court of Appeals for the Fifth Circuit. (A similar case challenging Texas’ age limit of 21 for issuance of concealed handgun licenses remains pending in the trial court.)

The appeal challenges a ruling by the U.S. District Court for the Northern District of Texas, which held that the law does not violate the Second Amendment. The lower court wrongly compared the ban to other restrictions the Supreme Court has said would be “presumptively lawful,” such as the ban on sales to convicted felons.

In response, the brief points out that nearly a decade before Supreme Court decided District of Columbia v. Heller, the Fifth Circuit itself had held (in the 2001 case of United States v. Emerson) that Second Amendment claims should be decided based on the amendment’s “history and text.” The history of the Founding era makes clear that 18-year-olds were considered adults for purposes of the right to keep and bear arms; for example, the Militia Act of 1792 required 18-year-olds to “be enrolled in the militia” and to arm themselves accordingly.

The brief also argues that the right to possess arms clearly implies a right to acquire arms—a principle that has been recognized in other areas, such as First Amendment law. For example, the Second Circuit Court of Appeals struck down a New York City anti-graffiti law banning retail sales of marking pens and spray paint to people under 21, even though older friends or relatives could buy these items for use by legitimate young artists.

Amazingly, the government makes a similar argument in Jennings, suggesting that the ban on dealer sales is constitutional because young adults could legally receive handguns or ammunition as gifts, or buy them in private, unlicensed sales. (The government’s argument surely must be causing heartburn at the Brady Center, since the alternatives suggested by the government would not be subject to background checks in most states.)

But as the NRA’s brief notes, “none of the Plaintiffs has found this mode of random scrounging for second-hand pistols from unlicensed individual gun owners to be a satisfactory avenue for acquiring reliable, safe, and popular handguns.” And a “friend of the court” brief by the National Shooting Sports Foundation points out that the ban deprives young buyers of benefits that are more readily available through licensed dealers, such as warranties, instruction manuals and safety training.

Supreme Court Declines to Hear Carry Cases

On Nov. 28, the U.S. Supreme Court has declined to review the second of two cases involving the right to bear arms outside the home. The Nov. 28 denial in United States v. Masciandaro follows an Oct. 3 denial in Williams v. Maryland.

Masciandaro involved a challenge to the now-repealed ban on possessing firearms in national parks. The defendant was arrested after police found him sleeping in his car on National Park Service property near Washington, D.C. and a search of the vehicle revealed his handgun. Two judges on a three-judge panel of the Fourth Circuit U.S. Court of Appeals upheld the regulation, arguing that the lower courts should wait for the Supreme Court to provide clearer guidance before striking down carry bans.

Williams was an appeal from Maryland’s highest court, which upheld the conviction of a defendant who was caught carrying his pistol in a backpack at a bus stop. The Maryland Court of Appeals court held—very wrongly—that the Second Amendment simply provides no protection for carrying firearms outside the home.

While the Supreme Court’s decision not to hear these cases greatly reduces the chance that the court will explore this aspect of the Second Amendment during the 2011-12 term, several excellent cases addressing carriage outside the home are currently pending in the lower courts. Those include the NRA-supported cases of Peruta v. County of San Diego, which challenges discriminatory permit issuance under California law; Jennings v. McCraw, the Texas carriage case noted above; and Shepard v. Madigan, challenging Illinois’ complete denial of any lawful way to carry firearms for self-defense outside one’s home or place of business. Peruta is pending in the Ninth Circuit U.S. Court of Appeals; Jennings is pending in the U.S. District Court for the Northern District of Texas; and Shepard is awaiting action in the U.S. District Court for the Southern District of Illinois.

Washington Court Rules That Seattle Gun Ban is Illegal

On Oct. 31, the Washington state Court of Appeals affirmed that a gun ban in Seattle’s parks is illegal. The decision comes more than a year after a King County judge sided with several area gun owners, the NRA and the Second Amendment Foundation by blocking enforcement of the law.

In 2008, the city of Seattle and then-Mayor Greg Nickels (D) enacted a rule that banned firearms and “dangerous weapons” from city parks, community centers and other city properties. In 2009, the city added another rule that banned guns from parks where children are “likely to be present.”

In October 2009, the NRA and other plaintiffs asked the King County Superior Court to strike down the ban as a violation of Washington’s preemption statute, which forbids localities from enacting this type of ban. Specifically, the preemption statute says the state preempts the field of firearm regulation, and prohibits cities from regulating firearms—a position supported by an Oct. 2008 legal opinion from state Attorney General Rob McKenna (R).

In response, the city claimed the ban wasn’t a “law” or a criminal regulation, and that it was acting in its “proprietary capacity” as a property owner.

In February 2010, the Superior Court of King County struck down the Seattle City Parks and Recreation rule banning firearms from city parks, including possession by Right-to-Carry permit holders. The city appealed.

In the Oct. 31 ruling, the Court of Appeals panel wrote: “We hold that under the plain language of RCW 9.41.290 and RCW 9.41.300, the City’s attempt to regulate the possession of firearms at designated park areas and park facilities open to the public by adopting the Firearms Rule is preempted by state law.”

The court’s opinion further stated, “The Firearms Rule regulates the possession of firearms at designated city parks and park facilities open to the general public. [The case law on which the City relies] does not support the City’s position that RCW 9.41.290 does not apply because it is acting as a property owner and setting conditions on use of its property. Except as authorized by the legislature, RCW 9.41.290 precludes a municipality from regulating the possession of firearms at city-owned park facilities open to the general public.”

Unfortunately, this long-running case isn’t yet over; the city has appealed to the Washington Supreme Court.

NRA Briefs Defend the Fourth Amendment

The NRA and the California Rifle and Pistol Association Foundation have filed two “friend of the court” briefs in U.S. Supreme Court cases involving the Fourth Amendment’s protection against unreasonable searches and seizures. The cases highlight the importance of other provisions of the Bill of Rights in protecting the rights of gun owners and hunters.

The first case, Messerschmidt v. Millender, involves a civil rights lawsuit brought by Augusta Millender of Los Angeles. The events leading to the suit began when police searching for a domestic assault suspect obtained a search warrant for Ms. Millender’s house; Ms. Millender, then 73 years old, had been the suspect’s foster mother 15 years earlier. Although the police knew the suspect’s gun was a “black sawed off shotgun with a pistol grip,” and officers even had photographs of the suspect holding it, they obtained a warrant for, among other things:

All handguns, rifles or shotguns of any caliber, or any firearms capable of firing ammunition or firearms or devices modified or designed to allow it [sic] to fire ammunition. All caliber of ammunition, miscellaneous gun parts, gun cleaning kits, holsters which could hold or have held any caliber handgun being sought. Any receipts or paperwork, showing the purchase, ownership, or possession of the handguns being sought. Any firearm for which there is no proof of ownership. Any firearm capable of firing or chambered to fire any caliber ammunition.

At Ms. Millender’s house, officers seized her personal shotgun, which clearly didn’t match the description or photos. (It had a wooden stock and wasn’t sawed off.) Both the trial court and the Ninth Circuit U.S. Court of Appeals agreed with Ms. Millender that the officers were not immune from suit, because the warrant failed to meet the Fourth Amendment’s requirement that warrants “particularly describe[e] the place to be searched, and the persons or things to be seized.”

The government is now appealing the Ninth Circuit’s decision. The NRA/CRPAF brief argues that “Since firearms are lawful to possess and are constitutionally protected, no basis exists for a search warrant to seize them absent rigorous fulfillment of the Fourth Amendment’s probable cause and particularity requirements.” The brief goes on to explain that one of the original reasons for enactment of the Fourth Amendment was to prevent seizure of firearms, as had occurred in 17th century England and in Colonial America a century later. Likewise, a key purpose of the Fourteenth Amendment was to prevent seizure of arms from freedmen after the Civil War.

The second case, Maikhio v. California, should be of special interest to hunters—but also to any gun owner who might be mistaken for a hunter or fisherman, perhaps by having pro-hunting stickers on his vehicle. That’s because the case is an appeal of a California Supreme Court decision in an illegal fishing case; the court held that a game warden could stop a vehicle without a warrant or reasonable suspicion if the “game warden had reason to believe an occupant had recently been fishing or hunting.”

The NRA/CRPAF brief argues that the California Supreme Court’s decision wrongly created a lower standard for hunters and fishermen, in violation of Supreme Court precedent and in spite of the long and honorable tradition of hunting and fishing in the United States.

City of Los Angeles Forced to Turn Over Documents Regarding Concealed Carry License Decisions

On December 13, 2011, in a victory for self-defense civil rights activists, Los Angeles County Superior Court Judge James Chalfant (Department 85 - Central District Courthouse) granted a motion to compel and ordered the City of Los Angeles, Los Angeles Police Department (”LAPD”), and the LAPD Chief of Police Charlie Beck to produce documents relating to the LAPD’s policies and procedures for processing applications for a license to carry a concealed firearm.

In 1992 and 1994, the City’s unlawful refusal to properly process CCW applications was challenged in two lawsuits. To settle the suits, LAPD agreed to a court-ordered application processing procedure. The LAPD agreed to a definition of “good cause” that was articulated in the settlement, and agreed that all citizens who request a CCW permit application would be provided a CCW application at any LAPD station house, along with a copy of the LAPD’s procedure for handling the application, and the procedures for appealing the denial of a CCW application. The settlements also resulted in the establishment of a Citizens Advisory Review Panel, made up of appointed citizens who would review CCW applications denied by the LAPD and make recommendations regarding whether the Chief should reverse the denial.

The LAPD has repeatedly failed to honor its legal obligations under the settlements. It has not made CCW applications and a written copy of the CCW policy and appeal process available at all station houses. And it has ignored the recommendations of the Citizens Advisory Review Panel and has instead enacted a de facto policy of again issuing no CCWs, despite whatever showing of good cause the applicants might make.

To rectify this situation two new legal actions, funded by NRA-ILA and CRPAF through our joint Legal Action Project, were filed.

The first is a motion to enforce the court’s old order in the 1994 case, Assenza v. City of Los Angeles. Some of the original plaintiffs from that Assenza case seek to force the LAPD to reinstate its agreed-to policy of providing applications and copies of its written policy at all LAPD station houses. In support of its motion, NRA grassroots activist citizens were recruited to investigate the LAPD’s practices and submitted declarations about their recent attempts to get CCW applications. They were frustrated by uncooperative officers at individual station houses, all of whom had a complete lack of understanding of the LAPD’s application process, and who in almost all instances could not provide a CCW application to the requesting citizen, much less a copy of the LAPD’s written policy. Perhaps most egregiously, LAPD officers bluntly told citizens that unless they were celebrities, they shouldn’t even bother filling out the CCW application because they would be denied a CCW as a matter of LAPD policy.

The second action is a new lawsuit, Davis v. City of Los Angeles. The nine plaintiffs in this suit, some of whom have had CCW applications pending and unresolved with the LAPD for years, have been subjected to a litany of abuses by LAPD in its handling of their CCW applications relating to LAPD’s continued failure to comply with the original Assenza judgment.  These abuses include not only the failures to provide applications and copies of the written policies at LAPD station houses, but also refusals to timely consider their applications, failures to respond to inquiries regarding the status of applications, failures to acknowledge the availability of the Citizens Advisory Review Panel as a method of appealing denial, and failure to give any weight to recommendations by the Citizens Advisory Review Panel.

As part of the Davis lawsuit, NRA-ILA and CRPA propounded discovery requests on the City seeking all documents produced, generated, created, consulted, referenced, and/or utilized which showed Chief Charlie Beck’s evaluation, assessment, and decision to follow, and not follow, the positive recommendations of the Citizens Advisory Review Panel. We also sought documents relating to the current City and County of LA residents with active CCW licenses issued by Chief Charlie Beck.

The City refused to turn over any documents relating to these requests based on frivolous objections such as relevance, attorney-client and work product privilege, and vagueness, ambiguity, and burdensomeness. We quickly responded and informed the City that their objections lacked merit, especially because all of these requests were public records pursuant to the California Public Records Act.

The City also raised the novel, but unsupportable argument, that the Assenza procedures they should have been operating under in considering the Davis plaintiffs’ CCW applications did not apply to the Davis plaintiffs, or any other citizen in Los Angeles other than the original Assenza plaintiffs.  Thus, the City claimed that it should not have to produce any discovery materials to the Davis plaintiffs about whether the City’s past handling of CCW applications complied with Assenza’s procedures because the City argues that such procedures are irrelevant to the City’s handling of the Davis plaintiffs’ CCW applications.

Needless to say, the Court was asked to intervene and we filed a motion to compel to produce the requested documents. In ordering the City to produce the documents, the Court noted that the City’s attempt to justify its refusal to turn them over consisted of mere “boilerplate objections,” some of which were not made “in good faith.”  Furthermore, the Court indicated that the requests were directly relevant to investigating whether the City is in compliance with the Assenza judgment and the requirements of Penal Code section 12050.

Cases Pending

For more detail concerning these cases, go to http://nraila.org/legalupdate/.

California – Challenge to “May Issue” Carry Law

Peruta v. County of San Diego, (U.S. Court of Appeals for the Ninth Circuit) — challenges San Diego County Sheriff William Gore’s refusal to issue carry permits to qualified applicants.

California – Ban on Online Ammunition Sales

Parker v. California (Fresno Superior Court) – challenges a ban on direct mail order and online purchases of ammunition. The state of California has filed an appeal to the permanent injunction on the enforcement of the law which was issued in January.

Delaware – Second Amendment Rights in Public Housing

Doe v. Wilmington Public Housing Authority – challenges restrictions on firearm ownership for residents of public housing.

Illinois – Ban on Gun Stores in Chicago

Benson v. City of Chicago (U.S. District Court, Northern District of Illinois) – challenges the ban on gun stores in the city of Chicago.

New York — Handguns for Part-Time Residents

Osterweil v. Bartlett (Second Circuit U.S. Court of Appeals) — challenges New York state law that prevents part-time residents from getting permits to possess handguns in their homes.

Washington, D.C. – Second Amendment Rights in Public Housing

Scott v. District of Columbia Housing Authority – challenges restrictions on firearm ownership for residents of public housing. The court has issued a stay, postponing any action on this case while the D.C. government issues new regulations.

NRA-ILA Referrals and NRA-ILA Supported Litigation

Referrals

The NRA maintains a list of attorneys who have identified themselves as willing to consider cases involving NRA members. If a referral is given, the member must negotiate fees and arrangements with the attorney directly. By providing referrals, we are not endorsing or recommending any attorney on the list for any purpose — the attorneys on the list have simply asked to be placed on our list but have not been vetted by the NRA.

Supported Litigation: How NRA-ILA Accepts Cases

NRA-ILA cannot generally insert itself into litigation in which we are not a party. In order to get involved, we must be invited by a party or the court. Feel free to let us know about cases that may be of interest; however, please do not contact us to become involved in cases to which you are not a party.

NRA-ILA generally assists in cases that affect the Second Amendment civil liberties or civil rights of large numbers of our members and gun owners in general, rather than those involving a dispute between individual parties. The basic questions we ask when reviewing a potential case are:

1. Is this a significant Second Amendment civil liberties or civil rights issue or a vital but derivative civil liberties or civil rights issue?
2. What effect will this case have on people other than the applicant?
3. Do we have the necessary resources to take this case?

Unfortunately, despite the thousands of requests for assistance we receive each year, there are many legitimate and compelling cases in which NRA-ILA is simply unable to assist, as we do not have unlimited resources. We regret that we cannot provide assistance in many cases even if they fall within the guidelines discussed above. To that end, we encourage you to contact the NRA Civil Rights Defense Fund (www.nradefensefund.org), which provides legal and financial assistance to selected individuals and organizations defending their right to keep and bear arms.

Important Note Regarding Deadlines

All legal claims have time deadlines. These deadlines may be different depending on the nature of the issue and the parties involved. For some kinds of civil cases, you may need to file a claim with a government agency before you can sue, and agencies have their own time deadlines.

If you do not comply with the applicable deadlines, you may be legally barred from pursuing your claim in court. Contacting us to describe your problem does not mean that we represent you, nor does it stop the statute of limitations from running. NRA-ILA cannot give you advice about the specific deadlines that apply to your case. To protect your rights, please consult an attorney promptly to find out what deadlines may apply to your particular situation.

Tell Us What You Think!

If you have any comments on the NRA-ILA Legal Update or suggestions for topics, please e-mail us at legalupdate@nrahq.org. Please do not send requests for legal assistance to this address. Those should be sent to the attention of NRA-ILA Legislative Counsel via phone at (703) 267-1161; fax to (703) 267-1164; or e-mail to ILALegal@nrahq.org.

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ATAC TV^TM

TOM CLARKE, MARK FLINN, JIM FULLER, LENNY BOLTON, GLENN JUSTICE, JEFF HALL, VENOM TACTICAL, RIFLE DYNAMICS, FORCE OPTIONS.NET

Reciprocity—
All Anti-Gun Amendments Defeated!

Click here to vote in this week’s poll.

On Wednesday, Nov. 16, the ongoing effort to fully vindicate the fundamental, individual right to carry a concealed handgun for self-defense took a major step forward with House passage of H.R. 822, the “National Right-to-Carry Reciprocity Act of 2011.” The bill, sponsored by Reps. Cliff Stearns (R-Fla.) and Heath Shuler (D-N.C.), which has 245 cosponsors, was approved by an overwhelming bipartisan vote of 272-154.

Senate Judiciary Committee Holds Hearing on Schumer Registration and Rights Denial Bill : On Tuesday November 16, the Senate Judiciary Committee’s Subcommittee on Crime and Terrorism held a hearing on Sen. Charles Schumer’s (D-N.Y.) S. 436. Dubbed by anti-gunners the “Fix Gun Checks Act,” rather than “fix” the current National Instant Criminal Background Check System, the legislation would eliminate private sales and gun shows as we know them and expand the range of persons prohibited from owning firearms.

Twelve Big Wins for Gun Owners: The final conference report on the combined Fiscal Year 2012 Agriculture, Commerce/Justice/Science (CJS) and Transportation/Housing/Urban Development (THUD) Appropriations bills—also known as the “Mini-Bus,” was passed by both the U.S. House and the U.S. Senate, and has been signed into law.

NRA to Fight Proposed Obama Administration Ban on Recreational Shooting on Public Lands : NRA will fight the proposal by the Obama administration and Bureau of Land Management (BLM) to drastically restrict recreational shooting opportunities on public lands. NRA is particularly concerned about the stated motive of this action. A spokesman for the BLM told U.S. News and World Report that the proposed ban was being enacted in response to “urbanites” who “freak out” when they hear shooting on public lands. The spokesman also acknowledged that the impetus for this restriction was not rooted in safety, rather it was introduced to reduce “social conflict.”

Internet Rumors About Cerberus, Freedom Group Are Patently False: Recently, an old rumor regarding Cerberus–the private equity firm that owns Freedom group, a holding company that in turn owns a number of firearms manufacturers, including Remington, Marlin, Bushmaster, and DPMS–was in some way tied to George Soros.

This rumor is completely false and baseless.

Another Way To Get Involved–Join NRA’s Facebook And Twitter Groups: Internet social networking has exploded in recent years, and websites such as Facebook and Twitter attract millions of users.  This on-line community fosters a connection between its users, and allows distribution of user-generated content (like pictures, profiles, music, video, and text).

GRASSROOTS NEWS MINUTE VIDEO: To view this week’s “Grassroots News Minute” video, please click here:

http://www.youtube.com/watch?v=mIYkRmi2Tj E

STATE ROUNDUP (Please note the only items listed below are those that have had recent action. For other updates on state legislation, please go to the state legislation section at www.NRAILA.org, and check each week’s issue of the Grassroots Alert.)

For additional information, please click on the links provided.

ARIZONA: BLM Proposes Closing One-Half Million Acres to Target Shooting
The Bureau of Land Management (BLM) has released a plan for the future management of nearly 1.4 million acres located southwest of Phoenix in parts of Maricopa, Pinal, Pima, Gila and Yuma counties.  Of that total, over 486,000 acres are within the Sonoran Desert National Monument, which the BLM proposes to close to target shooters. The public comment period for this plan is open through November 25. Please attend one of the scheduled meetings to show support for keeping public lands open for all of the public, including target shooters, and to learn more about how this plan will affect your future enjoyment of these lands.

COLORADO: Management Plan for Public Lands Will Affect Target Shooting
The Bureau of Land Management (BLM) has released a resource management plan (RMP) for 500,000 acres managed by the agency’s Colorado River Valley Field Office located in Silt and responsible for the counties of Eagle, Garfield, Pitkin, Roult, Mesa, and Rio Blanco.  The public comment period is open until December 16, and BLM will soon announce public meetings regarding this RMP.  If you enjoy target shooting on these lands, it is extremely important that you review the plan to determine how it will affect your future access for target shooting.  Please attend at least one of the public meetings and e-mail your comments to the BLM.

Additional BLM Management Plan for Public Lands Will Affect Target Shooting
The Bureau of Land Management (BLM) has released another resource management plan (RMP), and this one on approximately 378,000 acres managed by the agency’s Field Office in Kremmling.  The public lands are within Grand, Jackson, Summit and parts of Larimer and Eagle Counties.  The public comment period is open until December 16, and BLM will announce in advance public hearings on this RMP.  Please attend at least one of the public meetings and e-mail your comments to the BLM.

MICHIGAN: Gun Hunting Up for Public Comment in Huron-Manistee
The U.S. Forest Service has released a Draft Supplemental Environmental Impact Statement (DSEIS) that will ultimately determine whether firearm hunting can continue on more than 66,500 acres in Michigan’s Huron-Manistee National Forests. As a result of a September 2010 ruling by the Sixth U.S. Circuit Court of Appeals, the Forest Service prepared the DSEIS to evaluate the impacts of a proposed ban on firearm hunting and snowmobile use in 14 semi-primitive, non-motorized or wilderness areas of the forest. Public comments must be received by December 21.

TEXAS: Texas Railroad Commission Revises Agency Firearm Policy
Recently, the Texas Railroad Commission (RRC) adopted what can only be described as a model state agency policy for employees and visitors who wish to carry firearms. The new policy which was drafted and proposed by Commissioner Barry Smitherman, was approved by the RRC on November 8 and took effect immediately.

WISCONSIN: Two Pro-Hunting Bills Signed into Law
On November 4, Governor Scott Walker signed two pro-hunting bills into law, which will take effect in advance of opening day of hunting season this year.  Senate Bill 75 provides common sense legislation to eliminate the Department of Natural Resources’ unnecessary restrictions on hunters, anglers and trappers seeking to improve Wisconsin’s rich hunting heritage.  Also, Senate Bill 228 will protect hunters from breaking the law by simply allowing uncased and unloaded firearms, bows and crossbows to be in their motor vehicles.

NRA will be closing at noon next Wednesday, November 23, for the Thanksgiving Holiday.

Because of the abbreviated workweek, we will not transmit the Grassroots Alert next week.

Please have a safe and happy Thanksgiving Holiday!

ATAC TV LEO/MIL, MARK FLINN, TOM CLARKE, LENNY BOLTON, JEFF HALL, GLENN JUSTICE, JIM FULLER, SEAN RIGO, VENOM TACTICAL, RIFLE DYNAMICS