10/98 Save The Smith Amendment

Action Needed To Save Smith “Anti-Brady” Amendment
— FBI stripped of taxing power; but Smith language made weaker

by Gun Owners of America
8001 Forbes Place, Suite 102, Springfield, VA 22151
703-321-8585   fax 703-321-8408

(Thursday, October 8, 1998) — In recent years, bookstores have carried titles such as “The Dumbing Down of America” and “Why Johnny Can’t Read.” Well, after the next few days, look forward to reading “The Dumbing Down of Washington” and “Why Congress Can’t Legislate.”

In late July, Senator Bob Smith (R-NH) forced a vote on an amendment to keep the FBI from registering and taxing gun owners. The amendment passed OVERWHELMINGLY with 69 votes (out of a total of 100). Support by the GOA grassroots was crucial to getting both Democrats and Republicans to vote for Smith’s amendment. It was a tremendous victory for the country.

So why is it that Congress couldn’t just leave a good thing alone?

High ranking sources on Capitol Hill have told GOA that legislators on the appropriations conference committee are whittling down the Smith amendment– leaving important language on the editing room floor. The good news is that there are remnants of the Smith language– namely, the prohibitions on registering and taxing gun owners.

Congress Opening Huge Loopholes In Smith Language

Unfortunately, there is also some bad news to report. The Smith language originally required the “immediate destruction of all information [relating to background checks].” This language passed the Senate by a veto-proof majority. But the Congressional conferees think they know better than the will of the Senate. That important language is gone!

Rather than requiring the immediate destruction of gun owners’ names, the new language will allow the records to exist for 24 hours! (Note the similarities to legislation introduced by Rep. Bob Barr (R-GA)).

Allowing names to be kept for 24 hours means (you guessed it) that the FBI can “register” names for 24 hours. Make no mistake, a lot can happen to those names in those 24 hours. If this new language is enacted, it would represent the first time in federal history that government officials would have explicit permission to retain gun owners’ names for a period of time– albeit a brief period.

New Committee Version Would Ask Janet Reno To Police The FBI

Capitol Hill staffers warn that the new Smith language may not include the very important “private cause of action.” The original Smith amendment allows aggrieved private citizens to sue the FBI, and to collect monetary damages, including attorney’s fees. If this language is deleted from the bill, it means that gun owners will have to rely upon Janet Reno to prosecute FBI officials for illegally retaining gun owners’ names. (Don’t hold your breath.)

Here’s What To Do (The Congress Could Vote As Early As Tomorrow):

* Call/fax the key House and Senate leaders that will decide the fate of the Smith amendment. Tell them that you want to see the Smith amendment word-for-word as passed by the Senate. (Sample text included below.)

* Call your own Representative and Senators (202-224-3121). Ask them to oppose the Commerce-Justice-State appropriations bill (H.R. 4276) unless the 24-hour “registration” period is deleted from the Smith amendment, and the “private cause of action” (to police the FBI) is included.

House Speaker and Chairmen for the Commerce-Justice-State Appropriations Subcommittee

Subcomm. Chairmen
Sen. J. Gregg (NH) ph: 202-224-3324 fx: 224-4952
Rep. H. Rogers (KY) ph: 202-225-4601 fx: 225-0940
Gingrich’s leadership ofc. ph: 202-225-0600 fx: 225-7733

——– Pre-written text ——–

Dear

In July, the pro-gun Smith amendment passed the Senate OVERWHELMINGLY by a veto-proof majority. Democrats joined Republicans and thumbed their nose at the Administration. Is it too much to ask then that this popular language be left alone? Please leave it word-for-word as passed by the Senate.

I understand that the House and Senate conferees (who are working on H.R. 4276) have altered the Smith language to allow the FBI to keep gun owner records for 24 hours. That is unacceptable– these records must be destroyed immediately!

Moreover, the private cause of action is just as important– if not more important– than any of the other provisions in the Smith amendment. It is imperative that aggrieved private citizens be allowed to sue the FBI, and to collect monetary damages, including attorney’s fees. Otherwise, Janet Reno will be the one who is left to protect the privacy of gun owners– an unrealistic option.

As the Chairman of the Commerce-Justice-State Appropriations Subcommittee, you are responsible for what happens under you. I hope that you will restore the original Smith language. Thank you very much.

Sincerely,


Dear Rep. Gingrich,

In July, the pro-gun Smith amendment passed the Senate OVERWHELMINGLY by a veto-proof majority. Democrats joined Republicans and thumbed their nose at the Administration. Is it too much to ask then that this popular language be left alone? Please leave it word-for-word as passed by the Senate.

I understand that the House and Senate conferees (who are working on H.R. 4276) have altered the Smith language to allow the FBI to keep gun owner records for 24 hours. That is unacceptable– these records must be destroyed immediately!

Moreover, the private cause of action is just as important– if not more important– than any of the other provisions in the Smith amendment. It is imperative that aggrieved private citizens be allowed to sue the FBI, and to collect monetary damages, including attorney’s fees. Otherwise, Janet Reno will be the one who is left to protect the privacy of gun owners– an unrealistic option.

As the House Speaker, you are responsible for what happens under you. I hope that you will make sure the original Smith language is restored. Thank you very much.

Sincerely,