Allegheny County Sportsmen’s League Legislative Committee Report February 2011 Issue 196 ALLEGHENY COUNTY SPORTSMEN LEAGUE ON THE INTERNET http://www.acslpa.org Contacts : Legislative Committee Chairman , Kim Stolfer (412.221.3346) - [email protected] Legislative Committee Vice-Chairman, Mike Christeson - [email protected] Founding Fathers: "Men must be ready , they must pride themselves and be happy to sacrifice their private pleasures, passions and interests, nay, their private friendships and dearest connections, when they stand in competition with the rights of society." -- John Adams , letter to Mercy Warren, 1776 Gun Owners Targeted ‘Again’ by Media That website was set up by "a group of (ATF) employees who formed a non-profit organization dedicated to returning Big border region gun bust raises questions integrity, accountability and decency to the management of the By Dave Workman, Senior Editor (agency)," according to one of Codrea's Examiner columns. Federal indictments against more than 30 Arizona residents in January's arrests tended to reinforce contentions by the connection with alleged gun running to Mexico have some Obama administration that thousands of US-origin firearms are Internet gun rights activists raising questions. fueling the drug cartel wars in Mexico. The Justice Department announced charges in late January In one of the court documents, a 43-page indictment naming against 34 people who allegedly purchased an estimated 700 20 of the defendants, one gun shop was prominently identified as firearms in Arizona, including semiautomatic rifles and pistols, the source of scores of firearms purchased by various suspects and some .50-caliber long-range rifles. between March and July 2010. Among the purchases were Court papers obtained by Gun Week name several defendants dozens of AK-47-type rifles, three Barrett .50-caliber rifles and and allege that they were variously involved in illegal gun 19 FN Herstal 5.7mm semi-automatic pistols. Two of the transactions, falsification of information on federal firearms suspects, identified as Uriel Patino and Sean Christopher forms, money laundering, conspiracy to obtain firearms for drug Steward, were involved in more than one of these transactions. trafficking and possession of marijuana with intent to sell. The Patino was associated with five of the transactions. documents allege that the gun buying was spread across the state, The indictments clearly state that the defendants "knowingly involved purchases at several different stores and gun shops made false statements and representations" when filling out dating back to at least September 2009. federal firearms forms required for the completion of the The January arrests of 17 people reportedly broke up the gun transactions. The documents further allege that the defendants and drug smuggling ring. The operation involved agents with the engaged in a conspiracy to traffic in the firearms, both in the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), United States and in Mexico. Internal Revenue Service (IRS), Immigration and Customs According to published reports, the gun transactions were Enforcement (ICE) and Phoenix Police Department. primarily designed to provide firearms to the Sinaloa Drug Cartel There are both men and women among the suspects in the 53- in Mexico. The New GUN WEEK , February 15, 2011 count indictment. Court documents identified scores of guns that were involved in the scheme. Many of those guns were involved in multiple CA court nullifies handgun ammo firearm transactions. registration law But the high profile arrests were preceded by allegations that California gunowners were rejoicing after a Superior Court undercover federal agents have actually been involved in gun judge in Fresno ruled on Jab, 18 that the state's prohibition smuggling efforts in which ATF officials "intentionally arranged against online sale of handgun ammunition is unconstitutional, to have hundreds of firearms 'walked' across the US border into and followed up on Jan. 24 with a permanent restraining order Mexico." preventing the state and its agents from enforcing the provisions Jeff Knox, author of the Knox Report on World Net Daily, of AB962. initially characterized the allegations as rumors. However, two The statute was signed into law by former Gov. Arnold other prominent gun rights advocates, Mike Vanderboegh, who Schwarzenegger in 2009 and would have taken effect on Feb. 1 operates the SipseyStreetlrregulars blog, and National Gun of this year. However, it was challenged by several groups Rights Examiner David Codrea have also weighed in, primarily including the California Rifle and Pistol Association (CRPA) and using another Internet website, Clean Up ATF.org as a primary the National Rifle Association. source of information. Page 2 In a highly unusual move that reflects growing law favorite of gun control advocates—requires that all sellers at enforcement opposition to ineffective gun control laws, Tehama gun shows conduct background checks, same as any retail County Sheriff Clay Parker was the lead plaintiff in the lawsuit, firearms dealer. captioned Parker v. California. Other plaintiffs include the CRPA There is no evidence that the alleged shooter in the Giffords Foundation, Herb Bauer Sporting Goods, ammunition shipper attack ever visited a gun show, and he was able to purchase the Able's Ammo, collectible ammunition shipper RTG Sporting 9mm Glock pistol used in the incident at a retail gun shop. Collectibles, and individual Steven Stonecipher. Although he reportedly had previous contacts with law Almost immediately after the ruling, state. Attorney General enforcement, his name was never on a terrorist watch list. Kamela Harris said she might appeal. Lautenberg issued a statement claiming that his legislation Judge Jeffrey Hamilton ruled that the statute, requiring that would "keep deadly weapons out of the hands of criminals and all ammunition sales in the state be face-to-face and that dealers terrorists." Gun rights activists quickly dismissed that argument be required to take a fingerprint of the buyer or face a as rhetoric. misdemeanor criminal charge, is unconstitutionally vague on its There are presently millions of ammunition magazines in face. By enjoining enforcement of these statutes, mail order circulation that hold more than 10 cartridges. Ever since the ammunition sales to California can continue unabated, and Clinton-era semi-auto and magazine ban expired in 2004, people ammunition sales need not be registered under the law. have been able to purchase large-capacity and standard full- Gunowners would have had to get all of their on-line ammunition capacity magazines. Semi-auto pistols designed to hold 15- and purchases shipped to a licensed dealer to comply with the 17- round magazines were returned to their pre-ban registration requirement. configurations, and after-market manufacturers have been The National Shooting Sports Foundation likened the cranking out magazines for various firearms that hold 20 or 30 fingerprint requirement to equating law-abiding gunowners with rounds. criminals NSSF considered the ruling a major victory for Alan Gottlieb, chairman of the Citizens Committee for the gunowners. Right to Keep and Bear Arms, recalled the Rodney King riots in While the law was aimed ostensibly at handgun ammunition, Los Angeles when shop keepers had to defend their businesses it would have applied to a much broader variety of ammunition, from looters and arsonists, with pistols and rifles that held more because some handguns are chambered for rifle cartridges. than 10 rounds. The law was championed by state Sen. Kevin De Leon (D- "When you have hundreds of rioters and looters who are Los Angeles), who argued after the decision that trying to rob your business and burn your store," he said, "and the NRA had gone "judge shopping." you are the only line of defense, you are not going to stop that Judge Hamilton's ruling reportedly does not affect municipal mob with 10 rounds." The New GUN WEEK , February 15, 2011 ammunition regulations now in effect in Los Angeles, Sacramento and other cities. The New GUN WEEK , February 15, West Virginia activists sue over gun laws in 2011 3 cities Lautenberg bill targets gun shows, folks on The West Virginia Citizens Defense League (WVCDL) has filed a lawsuit seeking to overturn gun control ordinances in watch lists Charleston, South Charleston and Dunbar. Capitalizing on public shock following the shooting of According to the Huntington Herald Dispatch and Associated Arizona Rep. Gabrielle Giffords and the slaying of six other Press, the WVCDL lawsuit also involves several private citizens people in Tucson, Az, on Jan. 8, Sen. Frank Lautenberg (D-NJ) and a local firearms dealer. and Rep. Carolyn McCarthy (D-NY) have introduced legislation Their challenge is against regulations that prohibit carrying to ban ammunition magazines that hold more than 10 rounds. firearms on city property, and a Charleston ordinance limiting the Lautenberg went two steps further, however, by also number of handguns that may be purchased by a single introducing bills to close the so-called gun show loophole, and individual in one month. The action also reportedly challenges terror loophole. His measures would require background checks regulations against selling guns to people who have been charged for all gun show transactions, even private sales, and also with certain crimes, or treated for mental illness. prohibit persons whose names appear on terrorist "watch lists" Plaintiffs are represented by attorney James Mullins. He told from purchasing firearms or explosives. a reporter that gun laws do not stop criminals or deranged Under Lautenberg's proposed "Large Capacity Ammunition individuals from committing crimes on public property. Feeding Device Act," magazines that can hold more than 10 "Neither will a criminal wait while his intended victim goes rounds, or can be converted to hold more ammunition would be through the three-day waiting period Charleston imposes on banned. McCarthy's measure would prohibit the sale or transfer buying a handgun," Mullins asserted. of such magazines, even to heirs or family members.