October 9, 1997

Dear Colleague,

We write to you today concerning our commitment to the Constitution and an important fact regarding domestic violence.

Our top priority in Congress should always be a commitment to uphold the constitutional rights of our constituents. Protecting these basic and fundamental rights is the only thing that will keep this nation truly free.

This is why we introduced H.R. 1009, the States' Rights and Second and Tenth Amendment Restoration Act. This bill would repeal the so-called Lautenberg Amendment which bans firearm ownership of any person convicted of a misdemeanor domestic violence offense.

H.R. 1009 corrects a violation of Tenth Amendment rights as spelled out by the recent U.S. Supreme Court decisions, United States v. Lopez and Printz v. United States. These two cases protecting states' rights show that Congress must respect the Tenth Amendment when it creates large federal regulatory programs, such as the Lautenberg Amendment.

We want to be clear -- we abhor domestic violence. Spousal and child abusers have no place in our society and must be prosecuted to the full extent of the law. However, according to a recent study by the Utah Department of Public Safety, firearms were only used in three percent of all domestic violence cases. On the other hand, personal weapons, i.e. hands, feet, and teeth, were used in eighty-six percent of domestic violence cases. As you can see, the Lautenberg Amendment clearly falls short of its goal of protecting abused spouses and children by banning a weapon that is used in a minute number of instances.

Colleagues, we are not alone in furthering this bi-partisan effort. Groups such as the Idaho Chapter of the American Civil Liberties Union, Concerned Women for America, the Western States Sheriffs' Association, the Idaho Sheriffs' Association, the Home School Legal Defense Association, Frontiers of Freedom, Law Enforcement Alliance of America, Women Against Gun Control, and Safety for Women and Responsible Motherhood have all joined in support of H.R. 1009.

We urge you to join us in support of this valuable legislation to protect our constituents' constitutional rights. To become a co-sponsor please contact Joe Mertz (Chenoweth) at 5-6611.