www.gunowners.org
Dec 2005

Battle Resumes Over FBI Fishing Expeditions Into Gun Records
-- Please contact your Rep. and Senators immediately

Gun Owners of America
8001 Forbes Place, Suite 102
Springfield, VA 22151
(703)321-8585

Tuesday, December 6, 2005

House and Senate negotiators are reportedly close to hammering out differences on legislation that could greatly impact gun owners.

You will remember that before the Thanksgiving break, legislators were trying to ram PATRIOT Act revisions through the Congress and onto the Presidents desk.

Some of these revisions would improve the PATRIOT Act... some would not.

Of greatest concern to gun owners is a provision in H.R. 3199 that would allow the FBI to obtain "firearms sales records."

The bill extends Section 215 of the PATRIOT Act and allows agents of the federal government to get "firearms sales records" which, in their opinion, are relevant to investigating terrorism.

These records would be obtained from gun dealers, who are required by law to keep the gun purchase records (4473 forms). Thus, an anti-gun administration could then easily compile gun owner registration lists -- an enterprise which has often been a prelude to gun confiscation.

Of course, more than just your gun purchase records are at stake. Financial and medical records, library records and much more are also open to FBI fishing expeditions. They don't have to get any prior approval from any court.

This has led to concerns that the FBI is already infringing upon the rights of law-abiding Americans.

Consider that the FBI -- because of a Freedom of Information Act request -- recently revealed that the amount of information that the agency has gleaned on private citizens has exploded since the passage of the original PATRIOT Act in 2001.

The FBI has issued about 30,000 "national security letters" (NSLs) per year since the Act passed -- NSLs referring to a kind of administrative subpoena power where the FBI can get private records on individuals without a court order.

Such power has led to tremendous violations already. According to The Washington Post, there have been several violations that are "serious enough that the FBI itself determined they must be reported to an executive branch agency called the Intelligence Oversight Board."

Clearly, there is a thirst in Washington for obtaining records on private individuals. And that is why we do NOT want the FBI soliciting information on gun owners from 4473 forms. The stakes are high in regard to passage of H.R. 3199.

The House-Senate agreement on the bill seemed to be a done deal last month, until outside groups (including GOA) and Republican Senators (like Larry Craig of Idaho) issued statements of opposition to the latest version of the bill.

The several dozen organizations that have expressed concern over the bill span the political spectrum, and include groups such as the American Conservative Union, Gun Owners of America and Patriots to Restore Checks and Balances (which is headed by former Rep. Bob Barr).

In all, there are six Senators who have threatened to lead a filibuster on the bill. Three are Democrats; three are Republicans.

Right now, this is an issue that is of utmost priority in the Congress. "The Patriot Act is something that we are spending a lot of time on right now," said Senate Majority Leader Bill Frist last week. "Our objective is to complete that... as soon as possible."

This bill is clearly on the fast track. It is rumored on Capitol Hill that negotiators are nearing a deal on H.R. 3199. You can greatly help by making them aware that gun owners are closely watching what they do on the subject of "firearms sales records."

ACTION: Please ask your Representative and Senators to ensure that the words "firearms sales records" are deleted from the warrantless records provisions of H.R. 3199.

You can visit the Gun Owners Legislative Action Center at http://www.gunowners.org/activism.htm to send your Representative and Senators a pre-written e-mail message such as the one below.

-----Pre-written letter-----

Dear Representative / Senator:

Gun owners are very concerned about a specific provision in the PATRIOT Act expansion bill (H.R. 3199), as it would allow the United States government to seize every lawful gun sale record in the country... solely on the basis of a bureaucrat's determination that a national registry of gun owners would be useful in an anti-terrorism investigation.

H.R. 3199 extends Section 215 of the PATRIOT Act, which allows agents of the federal government to get "firearms sales records" which, in their opinion, are relevant to investigating terrorism. FFL holders must retain copies of the 4473 forms (yellow sheets) filled out on every gun sale. Thus, an anti-gun administration could easily determine that such records would be useful in the fight against terrorism, and demand them all.

Even more ominous, the gun dealers would be required NOT to disclose the existence of the investigation to their customers, meaning that the dealer (rather than the gun purchaser) would be the only person who could contest this action. And why should he risk his livelihood on my behalf? This is massive gun control by simple executive fiat.

There is an illusory right to challenge the secrecy of the court orders, but it's just that... an illusion. If the government claims there is a national security issue at stake or that there's an ongoing criminal investigation, then the FBI's fishing expedition could remain a secret and remain unchallenged.

Right now, there is debate over whether to sunset the provisions in Section 215 -- and how soon that sunset should "kick in." Regardless, "firearms sales records" need to be deleted from the warrantless records provisions of H.R. 3199, as they are an unconstitutional infringement upon the privacy of America's gun owners.

I believe that a national gun registry is a step this country cannot afford to take, and one that the citizenry will not abide.

I would ask you, in the strongest terms, to ensure that "firearms sales records" are deleted from the warrantless records provisions of H.R. 3199. Thank you.

Sincerely,

****************************

Massive Holiday Book Sale!

GOA's legal and educational arm, Gun Owners Foundation, is pleased to announce its largest book sale ever... just in time for Christmas.

Nearly 50 titles on firearms, freedom,and politics have been drastically discounted. Half-price books are common, with some titles having been knocked down by an astounding 70 and even 80 per cent off.

All of our most popular books, featuring authors such as John R. Lott, Dave Kopel, Boston T. Party, Andrew Napolitano, David Hardy, Aaron Zelman, and GOA's Larry Pratt, have been reduced.

Here's your chance to purchase meaningful gifts for the activists in your family at prices that much better than just "affordable." Or fill out your own freedom library with the tools that counter liberal lies.

Please stop by http://www.gunowners.com/resource.htm and browse through the excellent deals available. Note that orders must be processed NLT December 15 for delivery by Christmas.

Here is just a small sampling of what you will find:

* The Bias Against Guns by John R. Lott
(Cover price $27.95, sale price $5.50)
* On The Firing Line by Larry Pratt
(Cover price $17.95, sale price $9.75)
* The Concealed Handgun Manual by Chris Byrd
(Cover price $19.95, sale price $14.95)
* Boston's Gun Bible by Boston T. Party
(Cover price $28.00, sale price $15.95)
* Confrontational Politics by H.L. Richardson
(Cover price $6.00, sale price $3.00)

Again, please visit http://www.gunowners.com/resource.htm today... it truly is a major sale.


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