Show AH Gun Auk Gmt fegi o And IW Tile The Cat C Ad t ti By Donald E E. E Powers Powers r By way way of ot introduction I I wish to state my qualifications qualification t to write an article on a su subject as controversial as the firearms firearms fire fire- arms issue I t I. am am a life member of the National Rifle Association and andam andam andam am certified through the N RA as a Rifle Instructor and Pistol Instructor and until my retirement was an accredited Police Firearms Instructor with the responsibility of firearms firearms firearms fire fire- arms training for a US U.S. Army Security Division at Tooele Army Depot Tooele Uta Utah In 1973 I served as President of the Silver Shield Gun Club Tooele Utah By these qualifications t I I am obligated to report to gun owners the the latest gun anti-gun legislation as proposed by the Carter Carter- Administration tr tion and how the proposed bill would affect gun ownership in America where by the Second Amendment to the Constitution ConstItution tion we are citizens are guaranteed the right to keep and bear arms arms' In the February 1978 issue of th the National Rifleman Magazine Magazine Magazine Maga Maga- zine the official publication of the there appeared in inthe inthe inthe the Official Official Journal Section an article entitled Worst Firearm Firearm Firearm Fire Fire- arm Bill Yet Has White House Okay Sources close to the White House say the gun anti-gun bill drafted by the Justice Department has received approval by by- President Carter and should be sent to Congress early this spring As drafted the Carter bill goes far beyond any gun anti-gun measure drafted by any previous administration The bill would create registration and licensing systems designed designed designed de de- de- de signed to give federal gun control agents in Washington instant access to the names of every hand-gun hand owner in the nation within one generation and empower Federal agents to put out of business the majority of the federally licensed dealers through the creation of a kind of OSHA GUN-OSHA system of enforcement designed specifically to harrass dealers into surrendering their licenses In addition the Carter bill contains major provisions to 1 Empower the Secretary of the Treasury to ban the transfer of a majority of hand gun models now owned by private citizens 2 Stop the production of EVERY HAND GUN model currently currently currently cur cur- in production until each is tested and approved by the Secretary of the Treasury 3 Either authorize both the F FBI and local police investigations investigations investigations on any citizen wishing to purchase a hand gun or mandate a federally approved state gun ownership licensing program 4 Extend Federal government authority over the purely state intra-state transfer of the fifty million hand guns now in legitimate te private ownership The Carter administration bill was written by the same Justice Department staff l lawyers wy rs who authorized major antigun antigun antigun anti- anti gun legislation introduced in Congress last year and contains contains contains con con- some of the onerous provisions o of the defeated HR For example the so-called so Saturday Night Special definition which would ban bart a a. a majority of hand guns now in private possession has been borrowed from last years year's House Judiciary Committee bill The bill according to gun anti groups which helped draft it is in line with Jimmy Carters Carter's campaign pledge to press for a major majo gun anti-gun effort Candidate Carters Carter's position I favor registration of hand guns a ban on the sale of cheap hand handguns handguns handguns guns reasonable licensing provisions including a waiting peri period and prohibition of ownership by anyone anyon convicted of a crime involving a gun and those not mentally competent That last point about convicted felons and mental incompetents is already the law However the bill bill bill- given White House approval goes far beyond any Carter campaign pledge and if enacted would have a drastic effect on legitimate commerce and use of all firearms White House insiders call th the bill a good first step Authors note However th they y don't dont tell us a good first step to what Although drafters of the measure boast that there is no centralized registration of hand guns or Washington based list of hand gun owners their their proposal proposal is s 's deviously the same same thing To quote the summary of the bill The system m establishes establishes establishes es es- es- es de q facto decentralized registration Theoretically if all persons with the law within one ge generation any hand gun could be traced to its owner by a single call from Treasury to the dealer who last transferred the weapon By requiring that any gun transfer between persons persons' be done through a licensed dealer along wi with the required FBI clearances a massive registration and licensing sy system tem is effected r The he C Carter bill would als also g ge at privates privat t.- t. 1 Ie and rr T p possession n of f ail tl firearms within an n ny st state te by a new new Cont on page 6 I r c r M w Coul 0 page 4 t f I t c. c constitutional precedent to wipe away way the need need fo for an n interstate commerce nexus required for federal r tion That states right doctrine requires the federal bureaucracy burl bur- bur 7 l to demonstrate a connection between state inter-state r 7 firearms transactions and possession Now any purely intrastate intrastate intra- intra 7 state firearms matter is under the sale purview of the state and local government I The de facto licensing provisions of the which bill bill require a 21 day waiting period and background checks by both federal and local police agencies for hand gun purchases have another catch designed to put the federal government into j 7 v what has been state business The cumbersome requirements of federal background checks would be forgiven residents of off f SV- SV states which institute gun licensing schemes meeting the approval apr ap r 1 V of the Secretary of the Treasury t In fact the bill bin directs the Treasury Secretary to review r I t. t state laws dealing with licenses or permits to purchase hand guns and then sets down a list of criteria for such laws to meet his certification criteria which include one year purchase permits with renewal predicated upon the rede ter termination of the holders holder eligibility j The names of those whose purchase gun-purchase licenses are cancelled cancelled cancelled can can- celled or not are then required to be sent to i 2 Washington where they would be archived on federal computers com corn f. f by the National Gun Police Though touted as a hand gun control measure the Carter bill bin strikes deeply at all existing legitimate and federally licensed iia li licensed li- li a- a censed commerce in all firearms and ammunition The dealer provisions are designed to drastically cut the number of licensed firearms dealers to meet the often repeated lament of the Bureau of Alcohol Tax and Firearms that ther are simply too many dealers for them to manage officials have persistently testified they wish to force out of business about lic licensed dealers two thirds of the dealers in the nation The dealer provisions raise fees from ten dollars a year to dollars and the Secretary Secretary Secretary Sec Sec- six hundred twenty-five twenty annually give of the Treasury broad arbitrary authority to decide which of the dealers whose licenses expire during the year would be allowed to stay in business as legitimate and which would be forced out out out-as as amateurs c. c Cl Closing ing down firearms r retail tail outlets would be simple under the bill because the Secretary of the Treasury is empowered decide to-decide whether a particular licensed dealer has the right kind of business experience financial standing or trade con con- t. t Ions Even worse for dealers and ultimately for firearms and ammunition consumers the Carter administration would establish a kind of OSHA GUN-OSHA through the Secretary of the Treasury by giving the Feds power to fine heavily or lift licenses of any federal dealer who transgresses not only gun laws but any other local law ordinance or regulation such as sewer code or zoning ordinance or business permit The OSHA GUN-OSHA provisions give the combined roles of prosecutor judge and jury in iQ a procedure where C r dealers could b be fined administratively up to for 1 minor infractions and have haye licenses suspended J Under tinder the Carte Carter gun anti-gun bill ill traditional ra l due ue process r being presumed innocent until guilt is established beyond 1 reason reasonable doubt in a court of law would not apply to licensed firearms dealers The proposed measure would force aggrieved dealers dealers who ho wish to defend themselves following administrative conviction n by the Treasury Secretary to the expense exp nse of c challenging his ruling in court All An of this OSHA GUN-OSHA would simply give federal officials ability to speed up a a process they have av already begun methodically removing legitimate te sources of ALL types of firearms and ammunition from consumers For the 50 million minion hand guns in private hands the Carter bill bin could be used to literally freeze any transfer of most models now owned by Americans The Carter bill gives the Secretary of th the Treasury three major avenues to ban hand guns as so-called so Saturday Night Specials First all hand gun production would have to cease 90 days after the President signed the bill into law and could start up only if each model is tested and approved by the Secretary of the Treasury That ban would include all hand gun models in production after 1968 and applies to private sales of those hand gun models as well For example the Smith and Wesson Model 10 military and police would be included in that manufacturing and transfer prohibition Private transfer transfer transfer trans trans- fer of any M P model even those guns made in 1909 when the model 10 was first introduced would be prohibited until otherwise approved The instant ban would be And there would be NO requirement that any banned hand gun be tested by the Secretary thus the ban would be automatic and permanent Second the Secretary could test and ban individual sale of any other model not manufactured after 1968 by applying the same factoring criteria and point system as proposed by bythe bythe bythe the Conyers Committee last year in the final version of HR 1193 or by declaring them to be non sporting Those guns would be legal until they are banned Third the Secretary co could ld ste minimum standards for all hand guns produced in this century In any case the net effect for gun owners would be to outlaw the future sale or transfer or GIFT or EVEN BEQUEST of any of the tite disapproved hand guns It would even be a felony to attempt to have a broken firearm in the banned ca category repaired by the factory unless such repairs were designed to add points such as putting a longer barrel on onan onan onan an originally short hand gun The eventual result of such law would be that owners bury their guns with them If a prohibited hand gun can only be possessed by its original owner arid and cannot even be transferred transferred transferred trans trans- to his heirs then only the government is left CATION But there is more All handgun sales of those left as approved for sporting use only not self defense between individual citizens would have to be approved by the federal government and would have to be made through a licensed dealer if there are any left Additionally the bill would make it a federal crime felony for anyone to transport any firearm through a state in violation of a state law or to receive a firearm in violation of a local ordinance WAKE UP GUN OWNERS Oppose the Carter proposal in inthe inthe inthe the most effect effective ve way possible Write letters to too your Congressman and Senators today NOW and express your opposition to this gun control bill and to any new laws further infringing the rights of Americans to keep and bear arms Ask Ask- your friends and neighbors to join you in opposing this ridiculous s and frightening proposal Let the Carter administration administration administration admin admin- know how you feel about bout your rights If y your ur elected representatives in Washington get the message from fir firearms firearms fire fire- arms own owners rs back home they will pass that sentiment along to the White House and the President Remember next year may be too late and this year is an election year |