The NRA Year In Review

Here are some of the top stories in the NRA-ILA Grassroots Alert of 2008.

With what will no doubt be a very busy 2009, we must redouble our efforts to ensure we are prepared to meet the opportunities and challenges we will face next year.


JANUARY:

The District of Columbia files its brief in District of Columbia v. Heller. Nearly two dozen briefs are filed with the U.S. Supreme Court by individuals and groups supporting D.C.'s bans on handguns, having a gun assembled within the home, and carrying a gun within the home. The U.S. Supreme Court schedules oral arguments in the District of Columbia v. Heller case for March 18th.

H.R. 4900 - the "Bureau of Alcohol, Tobacco, Firearms and Explosives Reform and Firearms Modernization Act"-is introduced. H.R. 4900 represents the NRA's latest efforts to pass legislation that will make it easier for lawful gun owners and dealers to comply with federal law and regulations, while ensuring that those who break the law are punished accordingly.

The District Columbia Court of Appeals finds that the "Protection of Lawful Commerce in Arms Act" (PLCAA) blocks lawsuits under D.C.'s "Strict Liability Act."

FEBRUARY:

In his capacity as President of the United States Senate, Vice President Cheney signs on to the congressional amicus curiae brief affirming the individual rights view of the Second Amendment. Led by Sen. Kay Bailey Hutchison (R-Texas), the bi-partisan majorities of the U.S. Senate and House of Representatives who sign the brief represent the largest number of co-signers of a congressional amicus brief in American history-55 members of the Senate and 250 members of the House co-signed this brief along with Vice President Cheney.

After nearly five years of effort by NRA-ILA, the U.S. Department of the Interior responds to the many requests for a change in its policy on carrying and transporting firearms in national parks and wildlife refuges. In a letter to the U.S. Senators who wrote him asking for this policy change, Interior Secretary Dirk Kempthorne directs Lyle Laverty, Assistant Secretary for Fish, Game and Parks, to "develop and propose for public comment by April 30, Federal regulations that will update firearms policies on these lands to reflect existing Federal laws (such as those prohibiting weapons in Federal buildings) and the laws by which the host States govern transporting and carrying of firearms on their analogous public lands."

MARCH:

The Supreme Court hears the Heller case. Most in the Supreme Court chamber seem to agree that the Second Amendment protects an individual right. The issues most in contention include the meaning of the words "keep" and "bear," and whether the amendment protects the possession of arms only during militia service or also for self-defense; whether a total ban on handguns is a "reasonable" regulation of firearms; whether restrictions on the right to arms should be subject to "strict scrutiny," or legislatures or courts should be able to decide what is "reasonable;" and what kinds of regulations would be "reasonable" under the Second Amendment.

A Gallup poll finds that an overwhelming majority of the United States public-73%-believes that the Second Amendment guarantees the right of Americans to own firearms.

The National Academy of Sciences (NAS) releases Ballistic Imaging, the report of a committee it assigned to evaluate the feasibility, accuracy, and technical capability of a possible national database of so-called "ballistic" images from all new guns sold in the United States. The committee considered dozens of factors, including the uniqueness of images, the ability of imaging systems to capture images, the odds against images in a database being matched with cartridge cases and/or bullets found at crime scenes, the fact that "there is a huge existing supply of weapons and ammunition that would not be entered into the database," and the fact that criminals can beat the system by using guns that do not leave brass at crime scenes, such as revolvers. The committee concludes, "A national reference ballistic image database should not be established."

APRIL:

A sad day for American gun owners; on Saturday, April 5, Charlton Heston passes away. With his passing, NRA loses a past President, dear friend, and fearless advocate, while America loses a great patriot and the Second Amendment, a faithful friend. Two resolutions honoring Mr. Heston-H.Res. 1091 by Congressman Don Young (R-AK), and S.Res. 512 by Senator Jim DeMint (R-SC)-are introduced in the two houses of Congress.

Obama's hypocrisy continues. Following on reports of his advocacy of a law to shut down gun shops, and his hollow attempt at reassuring pro-gun voters by telling them, "I have no intention of taking away folks' guns," Obama then tells the Pittsburgh Tribune "I am not in favor of concealed weapons," and that he favors ".reasonable, thoughtful gun control measure[s].." A campaign "fact sheet" touts Obama's support for sportsmen, claiming Obama "greatly respects the constitutional rights of Americans to bear arms" (note the failure to say "keep" and bear arms). But the "fine print" reads, "He also believes that the right is subject to reasonable and commonsense regulation."

The faux "pro-gun" group, American Hunters & Shooters Association (AHSA) does what any pro-gun group would do (sarcasm intended)-they endorse Barack Obama-American's most anti-gun presidential candidate.

MAY:

The U.S. Court of Appeals for the Second Circuit delivers a major blow to New York City mayor Michael Bloomberg's lawsuit aimed at bankrupting the firearm industry, by ruling that the "Protection of Lawful Commerce in Arms Act" (PLCAA) of 2005 blocks the city's lawsuit against a host of gun makers and distributor. Activist U.S. District Judge Jack B. Weinstein announces he will allow New York City's lawsuit against Adventure Outdoors, a Georgia gun store, to continue.

180 staunch, pro-gun patriots attend the NRA-ILA Grassroots Workshop, held in conjunction with NRA's Annual Meetings & Exhibits in Louisville, Ky.

After reports in the NRA-ILA Grassroots Alert, a North Carolina school district backs off a decision that prevented a group of young sportsmen and women from participating in the North Carolina Wildlife Resources Commission Hunter Education Tournament.

JUNE:

On June 26, 2008, the Supreme Court affirms, in a 5-4 decision, the ruling of the U.S. Court of Appeals for the D.C. Circuit that the Second Amendment protects a pre-existing, private, individually-held Right to Keep Arms and to Bear Arms, without regard to a person's relationship to a militia!

NRA files five lawsuits challenging local gun bans in San Francisco, and in Chicago and several of its suburbs.

A Pennsylvania court sides with NRA and issues a permanent restraining order against two of the city of Philadelphia's municipal gun control measures enacted in April. The measures, banning so-called "assault weapons" and restricting handgun purchases to one per month, violate Pennsylvania's state preemption laws, passed by the state legislature to maintain uniformity of gun laws.

Ohio Governor Ted Strickland (D) signs NRA-backed "Castle Doctrine" legislation into law to expand the self-defense rights of law-abiding citizens.

The NRA-supported "Open Fields Initiative" language is inserted into the House and Senate passed 2008 Farm Bill. The original bills, SB 1502 and HR 2473, made up the Voluntary Public Access and Wildlife Habitat Incentive Program to increase public access to private hunting grounds.
NRA-ILA unveils its new "I'm a Bitter Gun Owner and I Vote!" yard signs.

JULY:

In the wake of the historic Supreme Court decision protecting an individual right to possess firearms, the town of Wilmette, Illinois repeals its handgun ban that has been on the books for almost 20 years.
Rather than closing the prescribed comment period as scheduled and moving toward allowing law-abiding citizens to carry their legally-owned firearms in national parks and wildlife refuges, U.S. Senator Daniel Akaka (D-Hawaii) and U.S. Representative Raul Grijalva (D-Ariz.), succeed in delaying the implementation of the final rule by bullying the Department of the Interior (their respective congressional subcommittees have oversight of national parks) to extend the deadline for comments an additional 30 days.

AUGUST:

D.C.'s Mayor and City Council are sued again over the District's thinly veiled attempt to continue its restrictions on firearm ownership following the Heller ruling. The Supreme Court explicitly articulated that handguns are constitutionally-protected, yet the District's Firearms Control Emergency Amendment Act of 2008 bans all semi-automatic handguns and requires any firearm in the home to be disassembled, unloaded, and secured by locking devices unless there is an "immediate" threat of violence, even for innocuous purposes such as cleaning.

The "Second Amendment Enforcement Act" (H.R. 6691) is introduced. This NRA-backed legislation is needed to enforce the U.S. Supreme Court's decision in District of Columbia v. Heller. The "Second Amendment Enforcement Act" seeks to repeal the District's ban on semi-automatic handguns; restore the right of self-defense by repealing the requirement that firearms be disassembled or secured with a trigger lock in the home; reform the current D.C. registration system that requires multiple visits to police headquarters, ballistics testing, passing a written test on D.C. gun laws, fingerprinting, and limiting registration to one handgun per 90 days; and, create a limited exemption to the federal ban on interstate handgun sales by allowing D.C. residents to purchase handguns in Virginia and Maryland.

The Village of Morton Grove, Illinois agrees to a stipulated dismissal of a NRA lawsuit challenging the village's gun ban. A new town ordinance recognizes the right to private handgun ownership, bringing an end to NRA's lawsuit against the village. Morton Grove completely repeals its ordinance banning handguns and agrees not to replace it with any direct regulation other than to adopt existing state laws.

AHSA makes the ridiculous argument that NRA is anti-hunting because NRA does not support the same candidates that Sierra Club and other environmental groups support. The problem is, these groups rate candidates on their radical environmental record, not on their support for hunting or for gun owners' rights. In fact, the politicians endorsed by the Sierra Club are a "Who's Who" of the most anti-gun politicians in American history. Gun-ban advocates like Barack Obama, John Kerry, Charles Schumer, Hillary Clinton, Barbara Boxer, Frank Lautenberg, Jack Reed, and Teddy Kennedy have all been endorsed by the Sierra Club. Since Teddy Kennedy wants to ban almost all ammunition used by hunters in America, it is impossible to see how the Sierra Club is supporting hunters by endorsing him.

SEPTEMBER:

The U.S. House of Representatives votes to approve the NRA-backed "Second Amendment Enforcement Act" by an overwhelming bi-partisan vote of 266-152.

NRA-PVF launches a comprehensive and very informative Web site-GunBanObama.com-to serve as a resource for the facts on Barack Obama's anti-Second Amendment stance.

The FBI releases its crime report for 2007 and, once again, gun control supporters take it on the chin. "More guns means more crime?" Only in anti-gunner "La-La Land." Violent crime has fallen as the number of guns has increased 4.5 million a year. There are more gun owners, owning more guns than ever before, and violent crime is lower than anytime since Gerald Ford became president!

A new study from researchers at the University of Michigan and the University of Maryland finds "no evidence that gun shows lead to substantial increases in either gun homicides or suicides. In addition, tighter regulation of gun shows does not appear to reduce the number of firearm-related deaths." The study-"The Effect of Gun Shows on Gun-Related Deaths: Evidence from California and Texas" -compares gun deaths between 1994-2004 in two states with large numbers of gun shows annually: California, which has the greatest restrictions on gun shows, and Texas, which has none.

OCTOBER:

In an open letter to our nation's gun owners, hunters, and sportsmen, Illinois State Rifle Association (ISRA) Executive Director Richard Pearson, whose credentials include deep involvement in the firearm rights movement for more than 40 years, including serving as the chief lobbyist for the ISRA for the past 15 years, uses his personal experiences to highlight Barack Obama's true stance on the Second Amendment.

The New Jersey Senate votes 32 to 6 to pass S802, legislation that authorizes bow hunting on Sundays during the respective deer season dates set by the State Fish and Game Code.

Pennsylvania's governor signs House Bill 1845 into effect. HB1845 is an omnibus legislative package that contains a number of pro-gun provisions for Pennsylvania gun owners. Among the provisions is an "Emergency Powers" reform measure prohibiting any government agency from confiscating firearms during a state of emergency, such as occurred in the wake of Hurricane Katrina. Other important provisions include: establishing the lawful carry of a concealed firearm in state parks; funding for the acclaimed "Don't Lie For The Other Guy" program administered by the National Shooting Sports Foundation (NSSF); and an emergency permitting system for concealed carry licenses for individuals who are under immediate threat.

NOVEMBER:

Barack Obama is elected President and immediately begins to disrespect gun owners with a number of staff appointments. Potential Administration employees are asked, "Do you or any members of your immediate family own a gun? If so, provide complete ownership and registration information. Has the registration ever lapsed? Please also describe how and by whom it is used and whether it has been the cause of any personal injuries or property damage."

The extremist animal "rights" group, the Humane Society of the United States (HSUS) once again calls for a nationwide ban on lead ammunition, saying that studies by the Center for Disease Control (CDC) and the North Dakota Department of Health prove that game shot with lead ammunition poses a health threat to those who consume it.

DECEMBER:

The U.S. Department of the Interior (DOI), through the National Park Service and U.S. Fish and Wildlife Service, announces the final amended version of its changes to rules on carrying of firearms in national parks and wildlife refuges. DOI's move will restore the rights of law-abiding gun owners who wish to transport and carry firearms for lawful purposes on most DOI lands, and will make federal law consistent with the state law in which these public lands are located.

Oklahoma gun-rights law

A lawyer who represents the National Rifle Association represented Oklahoma’s governor and attorney general Wednesday in support of a controversial state gun-rights law.

The law requires employers to allow workers to have guns in locked vehicles where they work.

It was struck down 13 months ago by U.S. District Judge Terence Kern in Tulsa.

In arguments Wednesday at the federal appeals court in Denver, lawyer Charles Cooper argued on behalf of Gov. Brad Henry and Attorney General Drew Edmondson that Kern was wrong.

Cooper said his Washington, D.C., law firm earlier this year also supported the state law in written arguments for the NRA as a “friend of the court.”

Cooper said Edmondson, rather than having his staff argue on behalf of the state, as is typical, appointed him as a special assistant attorney general to make the arguments.

Tulsa attorney Steven Broussard, on behalf of ConocoPhillips and other employers, argued the law requires employers to allow anyone — not just employees — onto workplace property with guns locked in their vehicles.

Because of that, the law takes away the right of employers to fully control their own property, Broussard said. “We want to protect our employees.”

In earlier written arguments, Broussard said the law therefore constitutes “an unconstitutional taking of (employers’) property” and their right to exclude anyone from their property.

Cooper contended that Kern wrongly concluded the federal Occupational Safety and Health Act preempts the state law. He said OSHA is meant to require employers to maintain safe workplaces involving conditions over which employers have control.

“Employers have no control over random acts of violence that could occur anywhere,” Cooper told a three-judge panel of the court.

Several employers, seeking to have the law struck down, sued the governor and attorney general after legislators passed the law in two stages in 2004 and 2005.

The law was passed in response to Weyerhauser Corp. firing eight workers at a timber mill in southeastern Oklahoma. The workers had guns in their vehicles at the mill in violation of Weyerhauser policy.

Rep. Jerry Ellis, D-Valliant, a principal author of the gun-rights law, has said disgruntled workers who shoot people in the workplace are going to do so no matter what laws are enacted.

The appeals court, under its typical schedule, is likely to decide next year if Kern was right to have issued a court order barring the state officials from enforcing the law.

The judges Wednesday, as usual, did not tip their hand, but one of them, Bobby Baldock, said, “I’ve got a problem” with Kern’s ruling that OSHA preempts the law.

Cooper said his law firm, which has represented the NRA in several cases, worked together with Edmondson’s office in appealing Kern’s decision, leading to the attorney general to pick Cooper to argue on behalf of the state officials.

Cooper said the state of Oklahoma is not paying him for his work in the case. “The taxpayers of Oklahoma are getting a good deal,” Cooper said, although he would not say if the NRA is paying him to argue on behalf of Henry and Edmondson.

He said he and his law firm specialize in constitutional law and have represented clients “in a lot of cases like this.”

Edmondson spokesman Charlie Price said Cooper “has argued the same issue in other states. When the NRA offered his services (to the attorney general), we thought it was a good idea for the state to avail itself of that expertise.”

“Generally, to get an expert to work on your side is a good thing,” Price said, confirming the state is not paying Cooper for his work Wednesday.

Oklahoma colleges to fight concealed gun bill

The heads of Oklahoma's state colleges and universities are vowing to oppose any legislative efforts to allow concealed weapons on campus.

Legislation that would have allowed concealed weapons on college campuses was defeated earlier this year after college presidents and law enforcement officers said it would create chaos and even more violence on campus.

But the issue likely will resurface when the Legislature convenes next year, state Higher Education Chancellor Glen Johnson said Monday.

Johnson spoke to a group of college officials and law enforcement officers that make up the Campus Life and Safety and Security Task Force, formed after the 2007 shooting deaths at Virginia Tech.

House Bill 2513, which was defeated, would have allowed military veterans and others with firearms training to carry concealed weapons on campus.

Task force member Phil Berkenbile, leader of the state's CareerTech system, said guns have no place at schools. He noted recent controversy when a small Texas school district decided to let some teachers and staff carry guns.

"I don't think that's something we want to start in Oklahoma," Berkenbile said. "That's got to be a high priority."

Johnson said the task force will make clear in its upcoming report to the Legislature that it opposes weapons on college campuses.

The group also is planning to ask for about $16 million to improve safety and offer more mental health services on college and CareerTech campuses. The group may ask that the money be distributed through the state Department of Homeland Security.

Rep. Jason Murphey, R-Guthrie, who introduced a measure to allow students to carry concealed weapons on campus, said Monday he would try again next year to give that right to at least some on campus.

His original bill was watered down so only military veterans and others with firearms training would have been allowed to carry concealed weapons on campus.

"I'm really committed to doing something to break up the gun-free bubble," Murphey said. "There's got to be a way to have an application of concealed-carry to a campus that at least makes it so that a criminal can't go into that environment knowing that the only people that are going to have guns are going to have uniforms."

NRA Urges Support For Campus Carry Bill

The National Rifle Association's Institute for Legislative Action today is urging Oklahoma 2nd Amendment advocates to contact legislators in support of a proposed amendment to House Bill 2606 that would allow for active duty, reserve, National Guard and honorably discharged armed services members with concealed carry permits to carry on public college and university campuses.

"The fundamental right of self-defense does not end at a person’s doorstep, or at the boundary of a college or university," the NRA-ILA statement said. "Oklahoma’s law-abiding citizens are not immune from criminal attack simply because they happen to be on a college campus. Moreover, any criminal intending to do harm on a college campus is not likely to be deterred by a university policy prohibiting concealed weapons.

"Nationwide, and certainly in Oklahoma, concealed weapon permit holders have proven to be among the most law-abiding citizens in our society. They have proven to be competent and responsible when exercising their right to carry a concealed firearm for self-defense.

"Furthermore, those which have sacrificed and honorably served our nation have earned and deserve our respect. Surely, those armed services members who have also obtained a concealed weapon permit should be trusted with carrying on a public college or university campus – just as we trust them in other public areas of the Sooner State.

"Please contact your State Senator immediately and strongly encourage him or her to support the proposed amendment to HB2606 in its current form and allow these law-abiding citizens the right and means to defend themselves when on public college and university campuses.

"To contact your State Senator, please click here."