Gun Control Opponents Strike Back
After the second phase of the Brady Bill went into effect Nov.
30, gun rights organizations began moving against what they consid-
er illegal actions of the Federal Bureau of Investigation and other
authorities.
The Nov. 30 change abolished the five-day waiting period
required to purchase a handgun substituting a so-called instant
check system while extending the provisions of the act to rifles
and shotguns.
Under the new terms, a dealer should be able to verify a
customer's eligibility to buy a gun instantly by simply making a
phone call.
This brief contact enables Federal authorities to build and
maintain a permanent registry of gun purchasers including personal
information needed to approve the purchase.
The National Rifle Association has sued charging that under FBI
regulations the bureau will hold this information for six months.
NRA contends this violates Federal law which says no Federal de-
partment or agency may require information gained by this procedure
to be recorded by or transferred to any facility controlled by the
Federal government.
Another gun rights group, Gun Owners of America, plans to chal-
lenge the entire background check system, not just illegal
registration of gun owners. To help make the case, Larry Pratt,
executive director of GOA, is seeking accounts from citizens of
abuses and deceptive tactics. He stressed he is not seeking ac-
counts of delays although there have been excessive delays. Some-
times, he said, buyers have left the store in disgust without
making a purchase because of delay in clearance.
Sometimes, Pratt said, "gun dealers have even been stuck with
special orders that they have purchased, but couldn't transfer when
endless delays caused the gun buyers to give up." A cynic, he
said, might even suspect the delays are deliberate.
But, he said, he is seeking reports of actual abuse. He said he
has already received some including:
FBI officials telling gun dealers a buyer may only buy one
handgun a month in a state which does not have a one-gun-a-month
law.
State officials admitting they use the background checks to
deny people with unpaid traffic fines.
State officials requesting copies of the 4473 forms with no
statutory authority to do so.
FBI officials asking for gun ser-ial numbers or Social Security
numbers before approving purchases.
Pratt said such incidents will help GOA fight the law in the
courts. and in Congress where Rep. Ron Paul (R-TX) plans to
introduce a bill repealing the Brady Law. Persons are asked to
report abuses to:
Gun Owners of America
Attn: Brady abuses
8001 Forbes Place, Suite 102
Springfield, VA 22151
goamail@gunowners.org
Another organization, the Second Amendment Foundation, has
notified the US Conference of Mayors that it plans to sponsor a
"damage action" against the cities of Chicago and New Orleans in
response to the "frivolous suits" those cities have filed against
firearms manufacturers, their trade associations and federally
licensed firearms dealers.
The foundation accuses the cities of conspiracy to violate civil
rights, abuse of process and undue burden on interstate commerce.
SAF told the mayors that 12 law professors have agreed to assist
without compensation and any city following the example of Chicago
and New Orleans will be added to the suit.
Alan Gottlieb, SAF director, said, "Whatever problems the cities
may have with the criminal and negligent misuse of firearms, their
suits against the gun manufacturers make as much sense as suing the
National Weather Bureau for the cost of storm damages,"
SAF noted even newspapers backing gun laws have criticized the
lawsuits suggesting they are inspired by suits against tobacco
firms. "Guns and tobacco are not analogous," said Joseph Tartar,
president of SAF. "Firearms have a significant beneficial use in
our society beyond recreation since independent research shows they
are used over two million times a year to prevent or terminate
predatory criminal assaults." The suits, he said, are an attempt to
deny people the means to defend themselves "while looting a legal
industry."