Four Important Pro-Gun Bills Move Forward in the Indiana Senate!

On Tuesday, January 25, the Senate Committee on Courts and Criminal and Civil Matters heard and passed four important pieces of pro-gun legislation: Senate Bill 94, Senate Bill 292, Senate Bill 411, and Senate Bill 506.

Senate Bill 94, authored by state Senator Travis Holdman (R-19), would allow residents of Indiana to purchase a long gun in any state, and allow residents of any other state purchase a long gun in Indiana, so long as both states allow such purchase.

Senate Bill 292, filed by state Senator Jim Tomes (R-49), would remove the originally grandfathered municipalities from the current preemption law and ensure that all Hoosier gun owners can enjoy the same level of statewide firearm freedoms, regardless of where they reside in Indiana.  The law would also protect travelers throughout the state from running afoul of a patchwork of different gun laws when they cross municipal boundaries.

Senate Bill 411, the Parking Lot 2.0 bill, introduced by NRA Board Member and state Senator Johnny Nugent (R-43) would clarify and strengthen last year’s Parking Lot firearm protections bill by putting an end to abusive corporate firearm policies that currently place onerous restrictions on Hoosier employees who lawfully store firearms in their personal vehicles.

Senate Bill 506, introduced by state Senator Jim Tomes (R-49), would remove the onerous “transport permit� requirement. It is currently illegal to transport a firearm in your vehicle for any reason unless you are driving from the point of purchase to your home or fixed place of business, or from your home or fixed place of business to a gunsmith for repair.

These four bills now head for Second Reading in the full Senate. Please continue to check your email and www.NRAILA.org for updates on these bills, as well as future legislation in Indiana.

Maryland: Anti-Gun Senator Introduces Two New Bills!

This week, members of the Maryland General Assembly have begun to introduce both anti-gun and pro-gun legislation. We believe this just might be the tip of the iceberg so please continue to check www.NRAILA.org for more information on legislation impacting your rights.

As expected, the Chairman of the Senate Judicial Proceedings Committee, state Senator Brian Frosh (D-16), has introduced two bills, Senate Bill 161 and Senate Bill 162.

Senate Bill 161 is a perennial bill by anti-gun legislators in Maryland which would create unnecessary hurdles in an attempt to dissuade people from filing for a state-regulated firearms dealer’s license.  SB 161 would allow the Secretary of State Police to reject the license application if it is determined that someone whose license was previously suspended or revoked is involved.  It would also duplicate recordkeeping and other requirements that have been in place at the federal level since 1968. Several provisions of SB 161 mirror federal law and are already illegal. Where it does not mirror federal law, it imposes restrictions greater than those already in place.

Senate Bill 162, would make it illegal for anyone to manufacture, sell, offer to sell, purchase, receive or transfer any detachable magazine with a capacity of more than ten rounds, except for .22 caliber firearms. Any violation and conviction would result in a punishment not to exceed three years and a fine not to exceed $5,000 or both. 

The NRA will continue to update you with the status of these two bills in the Maryland General Assembly. 

On the pro-gun side, House Bill 91, sponsored by state Delegate Mike Smigiel (R-36), would allow an individual filing for bankruptcy to exempt their firearms up to $2,000 in value.

HB 91 is currently scheduled to be heard by the House Judiciary Committee on February 1 at 1:00 p.m.  Please contact the members of the committee and respectfully urge them to support HB 91. Their contact information can be found below.

House Judiciary Committee:

Del. Joseph F. Vallario, Jr. (D-27A), Chairman
Joseph.vallario@house.state.md.us

Del. Kathleen M. Dumais (D-15), Vice-Chairman
Kathleen.dumais@house.state.md.us

Del. Tiffany T. Alston (D-24)
Tiffany.alston@house.state.md.us

Del. Curt Anderson (D-43)
Curt.anderson@house.state.md.us

Del. Sam Arora (D-19)
Sam.arora@house.state.md.us

Del. Jill P. Carter (D-41)
Jill.carter@house.state.md.us

Del. Luke H. Clippinger (D-46)
Luke.clippinger@house.state.md.us

Del. John W. E. Cluster, Jr. (D-8)
John.cluster@house.state.md.us

Del. Frank M. Conaway, Jr. (D-40)
Frank.conaway@house.state.md.us

Del. Don H. Dwyer, Jr. (R-31)
Don.dwyer@house.state.md.us

Del. Michael J. Hough (R-3B)
Michael.hough@house.state.md.us

Del. Kevin Kelly (D-1B)
Kevin.kelly@house.state.md.us

Del. Susan C. Lee (D-16)
Susan.lee@house.state.md.us

Del. Susan K. McComas (R-35B)
Susan.mccomas@house.state.md.us

Del. Michael A. McDermott (R-38B)
Mike.mcdermott@house.state.md.us

Del. Keiffer J. Mitchell, Jr. (D-44)
Keiffer.mitchell@house.state.md.us

Del. Neil C. Parrott (R-2B)
Neil.parrott@house.state.md.us

Del. Luiz R. S. Simmons (D-17)
Luiz.simmons@house.state.md.us

Del. Michael D. Smigiel, Sr. (R-36)
Michael.smigiel@house.state.md.us

Del. Kriselda Valderrama (D-26)
Kris.valderrama@house.state.md.us

Del. Geraldine Valentino-Smith (D-23A)
Geraldine.valentino@house.state.md.us

Del. Jeffrey D. Waldstreicher (D-18)
Jeff.waldstreicher@house.state.md.us

NRA backs recall; mayor opposes illegal guns

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Nebraska: NRA backs recall of Omaha Mayor

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Indiana: NRA seeks to protect worker privacy

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Wyoming: Senate approves Constitutional Carry

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California: AB 962 Formal Injunction Order Issued

Today the Fresno Superior Court issued an Order of Permanent Injunction in the NRA – CRPA Foundation funded legal challenge to AB962, Parker v. California. The order permanently prevents the state and its agents from enforcing the provisions of AB962 (Penal Code sections 12060, 12061, and 12318). The Order comes following a dramatic ruling giving gun owners a win in a National Rifle Association / California Rifle and Pistol (CRPA) Foundation lawsuit. On January 18th, Fresno Superior Court Judge Jeffrey Hamilton ruled that AB 962, the hotly contested statute that would have banned mail order ammunition sales and required all purchases of so called “handgun ammunition” to be registered, was unconstitutionally vague on its face. By enjoining enforcement of these statutes, mail order ammunition sales to California can continue unabated, and ammunition sales need not be registered under the law. A formal written ruling from the court will be issued soon.

The lawsuit was prompted in part by the many objections and questions raised by confused police, ammunition purchasers, and sellers about what ammunition is covered by the new laws created by AB 962. In a highly unusual move that reflects growing law enforcement opposition to ineffective gun control laws, Tehama County Sheriff Clay Parker is the lead plaintiff in the lawsuit. Other plaintiffs include the CRPA Foundation, Herb Bauer Sporting Goods, ammunition shipper Able’s Ammo, collectible ammunition shipper RTG Sporting Collectibles, and individual Steven Stonecipher.

In addition to these plaintiffs, Mendocino Sheriff Tom Allman, along with ammunition shippers Midway USA, Natchez Shooters Supplies, and Cheaper Than Dirt also submitted declarations in support of the lawsuit. 

The ruling comes just days before the portion of the law that bans mail order sales of so called “handgun ammunition” was set to take effect on February 1, 2011. The lawsuit, Parker v. California is funded exclusively by the NRA and the CRPA Foundation. If it had gone into effect, AB 962 would have imposed burdensome and ill conceived restrictions on the sales of ammunition. AB 962 required that “handgun ammunition” be stored out of the reach of customers, that ammunition vendors collect ammunition sales registration information and thumb-prints from purchasers, and conduct transactions face-to-face for all deliveries and transfers of “handgun ammunition.” The lawsuit successfully sought the declaration from the Court that the statute was unconstitutional, and successfully sought the injunctive relief prohibiting law enforcement from enforcing the new laws.

The lawsuit alleged, and the Court agreed, that AB 962 is unconstitutionally vague on its face because it fails to provide sufficient legal notice of what ammunition cartridges are “principally for use in a handgun,” and thus is considered “handgun ammunition” that is regulated under AB 962. It is practically impossible, both for those subject to the law and for those who must enforce it, to determine whether any of the thousands of different types of ammunition cartridges that can be used in handguns are actually “principally for use in” or used more often in, a handgun. The proportional usage of any given cartridge is impossible to determine, and in any event changes with market demands. In fact, the legislature itself is well aware of the vagueness problem with AB 962’s definition of “handgun ammunition” and tried to redefine it via AB 2358 in 2010. AB 2358 failed in the face of opposition from the NRA and CRPA based on the proposal’s many other nonsensical infringements on ammunition sales to law abiding citizens.

Constitutional vagueness challenges to state laws are extremely difficult to win, particularly in California firearms litigation so this success is particularly noteworthy. Even so, an appeal by the State is likely, but the Court’s Order enjoining enforcement of the law is effective – February 1, 2011 – immediately regardless.

Despite this win for common sense over ill-conceived and counter productive gun laws, additional legislation on this and related subjects will no doubt be proposed in Sacramento this legislative session. It is absolutely critical that those who believe in the right to keep and bear arms stay informed and make their voices heard in Sacramento. When AB 962 passed there was loud outcry from law abiding gun owners impacted by the new law. Those voices must be heard during the legislative session and before a proposed law passes, not after a law is signed. To help, sign up for legislative alerts at www.nraila.com and www.calnra.com and respond when called upon.

Seventeen years ago the NRA and CRPA joined forces to fight local gun bans being written and pushed in California by the gun ban lobby. Their coordinated efforts became the NRA/CRPA “Local Ordinance Project” (LOP) – a statewide campaign to fight ill conceived local efforts at gun control and educate politicians about available programs that are effective in reducing accidents and violence without infringing on the rights of law-abiding gun owners. The NRA/CRPA LOP has had tremendous success in beating back most of these anti-self-defense proposals.

In addition to fighting local gun bans, for decades the NRA has been litigating dozens of cases in California courts to promote the right to self-defense and the 2nd Amendment. In the post Heller and McDonald legal environment, NRA and CRPA Foundation have formed the NRA/CRPA Foundation Legal Action Project (LAP), a joint venture to pro-actively strike down ill-conceived gun control laws and ordinances and advance the rights of firearms owners, specifically in California. Sometimes, success is more likely when LAP’s litigation efforts are kept low profile, so the details of every lawsuit are not always released. To see a partial list of the LAP’s recent accomplishments, or to contribute to the NRA or to the NRA / CRPAF LAP and support this and similar Second Amendment cases, visit www.nraila.com and www.crpafoundation.org.

 

Maryland: House Committee to Hear Important Self-Defense Bill Tomorrow, January 25!

Tomorrow, Tuesday, January 25 at 1:00 p.m. the Maryland House Judiciary Committee is scheduled to hold a hearing on House Bill 9. Sponsored by Delegate Mike Smigiel (R-36), HB 9 would allow valid concealed carry permits issued in Delaware, Pennsylvania or Virginia to be accepted in Maryland.

It is important that you contact the members of the House Judiciary Committee and urge them to respect the self-defense rights of law-abiding gun owners by voting for HB 9. 

Please contact the members of the House Judiciary Committee TODAYContact information can be found below. 

House Judiciary Committee Members:

Del. Joseph F. Vallario, Jr. (D-27A), Chairman
Joseph.vallario@house.state.md.us

Del. Kathleen M. Dumais (D-15), Vice-Chairman
Kathleen.dumais@house.state.md.us

Del. Tiffany T. Alston (D-24)
Tiffany.alston@house.state.md.us

Del. Curt Anderson (D-43)
Curt.anderson@house.state.md.us

Del. Sam Arora (D-19)
Sam.arora@house.state.md.us

Del. Jill P. Carter (D-41)
Jill.carter@house.state.md.us

Del. Luke H. Clippinger (D-46)
Luke.clippinger@house.state.md.us

Del. John W. E. Cluster, Jr. (D-8)
John.cluster@house.state.md.us

Del. Frank M. Conaway, Jr. (D-40)
Frank.conaway@house.state.md.us

Del. Don H. Dwyer, Jr. (R-31)
Don.dwyer@house.state.md.us

Del. Michael J. Hough (R-3B)
Michael.hough@house.state.md.us

Del. Kevin Kelly (D-1B)
Kevin.kelly@house.state.md.us

Del. Susan C. Lee (D-16)
Susan.lee@house.state.md.us

Del. Susan K. McComas (R-35B)
Susan.mccomas@house.state.md.us

Del. Michael A. McDermott (R-38B)
Mike.mcdermott@house.state.md.us

Del. Keiffer J. Mitchell, Jr. (D-44)
Keiffer.mitchell@house.state.md.us

Del. Neil C. Parrott (R-2B)
Neil.parrott@house.state.md.us

Del. Luiz R. S. Simmons (D-17)
Luiz.simmons@house.state.md.us

Del. Michael D. Smigiel, Sr. (R-36)
Michael.smigiel@house.state.md.us

Del. Kriselda Valderrama (D-26)
Kris.valderrama@house.state.md.us

Del. Geraldine Valentino-Smith (D-23A)
Geraldine.valentino@house.state.md.us

Del. Jeffrey D. Waldstreicher (D-18)
Jeff.waldstreicher@house.state.md.us

Error Cited as Cause for Mississippi Highway Patrol’s Failure to List Recognition of Virginia’s Concealed Handgun Permit

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Florida: Let doctors treat illness, not guns

Please read the following op-ed from the Tallahassee Democrat by Marion Hammer, Executive Director of Unified Sportsmen of Florida and former NRA president.

Marion P. Hammer • My View • Published on January 20, 2011

Re: “Too much, too far: Doctors’ inquiry about guns isn’t a threat” (Jan. 18).

As noted in your editorial, legislation has been filed to stop pediatricians and other physicians from prying into our personal lives, invading our privacy and straying from issues relating to disease and medicine into questioning children or their parents about gun ownership.

We take our children to physicians for medical care, not moral judgment, political harassment, and privacy intrusions — and that is what HB 155 and SB 432 intend to prohibit.

These bills come in answer to families who are complaining about the growing political agenda being carried out in examination rooms by doctors and medical staffs — and the arrogant berating if a patient refuses to answer questions that violate privacy rights and offend common decency.

Horrified parents have described nurses entering the answers to gun questions into laptop computers to become a part of medical records. They have become concerned about whether those records can be used by the government or by insurance companies to deny health care coverage because a family exercises a civil right in owning firearms.

The American Academy of Pediatrics (AAP) and the American Medical Association are pushing this gun ban agenda. The website of the AAP makes it clear its goal is to ban guns and to prevent parents from having guns in their homes or vehicles.

The intent of some may be to stop death from firearms accidents, but it is worth noting that, according to the Centers for Disease Control and Prevention’s National Center for Health Statistics, doctors and medical staffs in Florida are responsible for six times more accidental deaths (called “Medical Misadventures”) than firearms accidents. Physicians have plenty of room to work in their own backyards to stop accidental deaths in keeping with their “first do no harm” medical oaths.

Keeping children and families safe is a worthy goal, but physicians should focus on what happens to children and patients in their offices and hospitals. Doctors should practice medicine rather than behave like social workers or gun monitors or gun registration bureaus.

As parents, we are responsible for our children’s safety. We don’t need doctors pushing their anti-gun politics on us or our kids. We need them to spend their time practicing medicine and not prying into our personal lives on issues that have nothing to do with disease, its cure, or its eradication.

To read this op-ed, please click here.

Marion Hammer: Let doctors treat illness, not guns | tallahassee.com | Tallahassee Democrat

Please urge your state Senator and Representative to support and vote for

SB 432 and HB 155.

For contact information and help identifying your Senator and Representative, please click here.