Dear Rep. Barr:
I understand the House Subcommittee on Crime might soon be considering H.R. 26. I hope you will consider my previous request to amend this bill to fully repeal the Lautenberg gun ban. There are several reasons for doing so:
* The Lautenberg gun ban is unconstitutional in its entirety and represents a radical break in American jurisprudence. There is more than just a retroactivity problem with this ban. Lautenberg sets a horrible precedent by denying persons one of their inalienable rights because of a mere misdemeanor -- which can include such "offenses" as spanking a child or slapping a husband in anger. (My February 21 letter to you documented some of the frivolous infractions that, because of Lautenberg, are now denying people their gun rights forever.)
The Washington Post has already stated that the Lautenberg gun ban does not go far enough. The Post suggests that in addition to disarming the wife who slaps her husband, the ban should disarm the same wife if she slaps her neighbor. One wonders what the anti-gunners will push for next. Gun bans for speeding tickets? For check bouncing? Because of the Lautenberg ban, Congress has breached the line between misdemeanors and felonies, and is disarming citizens for mere misdemeanors (which by definition refer to offenses that are not as serious). This makes our defense of the Second Amendment that much more difficult -- unless we can get this horrible precedent stripped completely from the federal code.
* To repeal just one-half of the ban severely hinders future efforts to repeal the entire ban. As you know, once Congress has "already dealt with an issue," it is difficult to generate the political groundswell on Capitol Hill to revisit the same issue. Moreover, removing only the retroactive portion hurts our chances at defeating the entire measure in the courts. If we succeed in only repealing the retroactive portion, we will lose a powerful argument against the law, and most likely, will lose a powerful lobby (law enforcement) as well.
* Another reason to work for a full repeal is that there is support, both inside and outside of Congress, for doing so. Rep. Helen Chenoweth's bill (H.R. 1009) now has more cosponsors (26) than any of the other bills dealing with the Lautenberg gun ban. Her bill is the only one that would repeal the ban in full. And I can testify to the fact that in my conversations with people outside of the beltway, as I talk to those who appreciate our Second Amendment rights, there is intense support for repealing this entire law.
As you know, this ban will utterly fail to meet the promises that the anti-gun proponents have set forth. This ban will not -- as the Sarah Brady crowd claims -- take guns out of the hands of those who are truly violent. Where has existing gun control done that? Washington, D.C.? New York City? Gun control has never worked to disarm the truly criminally minded, nor will it begin to do so now.
Indeed, this ban is simply one more infringement of the people's Second Amendment rights. That is why I hope you will work with us to repeal this ban in its entirety. Please let me know if you will consider making such an amendment in the committee or subcommittee. I look forward to working with you on this. Thank you. Best regards.
Sincerely,
Larry Pratt
Executive Director