From NRA...BATFE Request To Track Semi-Automatic Rifle Sales Delayed

[Lone Star State Sentinal]

NRA-ILA GRASSROOTS ALERT
Vol. 18, No. 1 01/07/10
BATFE Request To Track
Semi-Automatic Rifle Sales Delayed

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As we reported on December 17, the Bureau of Alcohol, Tobacco, Firearms and Explosives has proposed that it be given emergency authority for six months to require about 8,500 firearm dealers along the border with Mexico "to alert authorities when they sell within five consecutive business days two or more semiautomatic rifles greater than .22 caliber with detachable magazines." A Washington Post story reporting on the BATFE proposal described that definition as being applicable to "so-called assault weapons," but it would also apply to many rifles that have never been labeled with that term. The rule change was to have started this week, but has been delayed by the White House.

According to an article on TheUSDaily.com, the White House Office of Management and Budget was expected to approve the rule change on Wednesday, but an official told Reuters that "ATF's information collection request is still under review," and declined further comment until the "deliberative phase is concluded."

NRA Strongly Opposes Obama's Re-nomination Of Anti-Gun-Leaning Andrew Traver To Head BATFE: This week, President Obama re-nominated Andrew Traver to be director of the Bureau of Alcohol, Tobacco, Firearms and Explosives. Obama first nominated Traver on November 17, 2010, but the Senate Judiciary Committee failed to act on his nomination.

National Defense Authorization Act Passes With Pro-Second Amendment Provisions: On December 29, 2010, Congress sent the 2011 National Defense Authorization Act (NDAA) to the White House for President Barack Obama's signature. The legislation includes several provisions developed by NRA-ILA and pro-Second Amendment members of Congress, which will provide practical benefits to gun owners, while generating revenue for military bases, and protect the privacy and Second Amendment rights of gun-owning military personnel and their families and civilian employees of the Department of Defense. President Obama is expected to sign the NDAA imminently.

South Dakota ACLU Sues To Broaden Right-To-Carry Law: The ACLU of South Dakota has filed a suit on behalf of a British national and permanent legal immigrant who was denied a Right-to-Carry permit in South Dakota. According to a January 6 FoxNews.com story, the 30-year legal resident and previous Right-to-Carry permit holder was denied due to a 2002 change in South Dakota's Right-to-Carry law that requires an applicant to be an American citizen. Citing the 14th Amendment's equal protection clause, the ACLU of South Dakota has leveled the suit against the South Dakota Secretary of State and the Minnehaha County Sheriff's Office and has also filed for an injunction to stop the enforcement of the citizenship requirement.

Ohio's Supreme Court Upholds Preemption, Shoots Down Cleveland's Hopes Of More Useless Gun Laws: Last week, the Ohio Supreme Court made a ruling upholding Ohio's preemption law and siding with both the state's and NRA's position, as outlined in an amicus brief the organization filed with the Court. The case, The City of Cleveland v. the State of Ohio, stems from the City of Cleveland's scheme to establish a series of restrictive gun laws despite Ohio law, which clearly prohibits such municipal gun ordinances.

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STATE ROUNDUP (Please note the only items listed below are those that have had recent action. For other updates on state legislation, please go to the state legislation section at www.NRAILA.org, and check each week's issue of the Grassroots Alert.)

ARIZONA: Lake Havasu Travel Management Plan Will Affect Motorized Access for Hunters The Bureau of Land Management is developing a Travel Management Plan (TMP) to designate the routes that will remain open to the use of motorized vehicles by the public. The Federal lands involved in the TMP are located below I-40 in Arizona and California, north, east, and south of Lake Havasu City, including parts of the California shoreline and south within 5-7 miles of the Bill Williams River. The public comment period on the TMP closes February 28th. Comments may be emailed to [e-mail] or by filling out the comment form on BLM's Arizona State website at www.blm.gov/az. Click on Lake Havasu. For further information you may call Myron McCoy at 928-505-1216 or write to [e-mail].

The TMP lays out four alternatives for motorized access:

Alternative A: No Action. Alternative A describes the current management of BLM-administered public lands in the planning area. The current management would continue to occur if no new decisions are made to alter them.

Alternative B: Protection. Alternative B emphasizes minimal human use and influence, and enhanced protection of remoteness and primitive recreation.

Alternative C: Proposed. Alternative C would provide an optimal balance between authorized resource use and the protection and long-term sustainability of sensitive resources within the planning area.

Alternative D: Access. Alternative D places an emphasis on maximum resource use and a more flexible, permissive resource management approach.

In addition to the effects the TMP will have on recreational access, the BLM does not intend to allow the use of vehicles for game retrieval off designated routes. If you hunt or enjoy other recreational activities on these lands, it is important that you review the maps and comment on how the alternatives will affect your access and ability to retrieve downed game.

NEVADA: State Parks Division to Hold Workshop on Guns in Parks
The Nevada Division of State Parks (NDSP) is proposing amending the regulations pertaining to Chapter 407 of the Nevada Administrative Code. The proposed amendments would remove the current prohibition on firearm possession in state parks, while also clarifying prohibitions on the discharge of firearms to specifically recognize your right to self-defense. In order to solicit feedback and comment from the public, NDSP is hosting a workshop on Thursday, January 20th in Carson City, at the Richard Bryan Building, 901 S. Stewart Street/2nd Floor in the Tahoe Hearing Room from 3:00 to 5:00 p.m.. The workshop will also provide a videoconference from the State Park's Southern Region office at 4747 Vegas Drive, in Las Vegas. Those wishing to comment upon this proposed action may address their comments, data, or views in written form to Nevada Division of State Parks via mail at 901 S. Stewart St. Suite 5005, Carson, City, NV 89701 or email at [e-mail] or fax [phone]. Written submissions must be received prior to the January 20th workshop. For any questions, contact Steve Silva, Senior Law Enforcement Specialist at [phone] or via email at [e-mail]. Thank you for your action on this most important issue!

NEW HAMPSHIRE: Right to Self-Defense Restored at New Hampshire State House
On Monday, January 4, the Joint Committee on Legislative Facilities voted 10 to 1 to change the House rules and restored the Second Amendment at the State Capitol complex by allowing the possession of firearms by concealed carry permit holders. This action will eliminate the 2009 regulation that stated: "No person, except for law enforcement personnel in active duty, shall carry a firearm or other dangerous or deadly weapon or an explosive, openly or concealed, while inside the State House, the Legislative Office Building, the Upham Walker House, or any of the underground tunnels connected to these buildings. Law enforcement personnel, when requested by State House security staff, must produce sufficient identification establishing their status as law enforcement personnel." In addition, on Tuesday, January 5, the House of Representatives approved a change to the House Rules allowing its members to carry concealed firearms on the House floor. The last time a similar rule was in effect was 1985.