Gun Owner

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GMissionTo restore and defend the rightto keep and bear arms throughon-target strategy, and to holdaccountable all those whosurrender that rightthrough compromise.un ownerA Publication of Wisconsin Gun Owners, Inc.SB 44 passed the State Senate.Will Rep. Gunderson make SarahBrady’s dream come true by passingit in the Wisconsin Assembly?Continued Page 2— AB643, Introduced in theWisconsin legislature.See story page 4Inside NICS Expansion Advances WI-Level Lautenberg Ban Pratt: Oppose WI’s AB70 State Handgun Ban (AB643) Firearm Freedom ActVol. VI No.1Gunderson StillPushing Brady CheckExpansion BillMadison, Wis. — The State Senate haspassed Senate Bill 44, which would expandthe state-run background checks conductedon gun buyers from the State Departmentof Justice to the federal National InstantCheck System (NICS).“.all firearm transferswould have to be reportedand all guns registeredinto a centralized databasewithout establishingwho has access to thedatabase.”Spring 2010Warm weather means open carry!Visit wisconsingunowners.org tolisten to WGO’s open carry radio ad,coming soon to a radio station nearyou.Private Handgun Sales Ban Introduced p.4

Page 2WI NICS ExpansionContinued from Page 1Championingthismassiveexpansion of gun control inWisconsin are State Senator AlbertaDarling and State The Senate unanimously passeda bill Tuesday mandating mentalhealth information be includedin background checks for firearmpurchases in Wisconsin,” a reportin the Badger Herald said. “Thebill would bring Wisconsin intocompliance with current federal lawconcerning handgun sales, as wellas put Wisconsin in the company ofmany other states that have workedto monitor mental health historiesand gun purchases in the wake of theVirginia Tech massacre in 2007.”Buster Bachhuber, spokespersonfor the Wisconsin chapter of theNational Rifle Association, hit thenail on the head when he noted that,“There are a lot of things that couldbe done to make campuses safer,to keep dangerous people fromrunning around with guns, but thiswas done more out of fear than outof any sound public policy basis,”according to the Herald story.The Wisconsin Gun OwnerSpring 2010how SB 44 and AB 70 — if passedHow About Campus Concealed by the state assembly and signedby Wisconsin Governor Jim DoyleCarry?Gun owners should wonder why — will become the perfect stormGunderson and Darling are reacting against gun ownership in the Badgerto mass public shootings with State.legislation designed to strap lawfulgun owners with more restrictions, What’s So Dangerous AboutWGO asked. “These are just more Expanding NICS?excuses for bureaucrats to deny gunowners the right to buy guns withoutAs pointed out in previous alerts,government permission slips.”Assembly Bill 70 and Senate BillGun owners surveyed consistently 44 would dangerously expand statewant a clean concealed carry bill level back ground checks to includeintroduced, not more restrictions far-reaching medical data.and centralization of power (whichThe federal version of this gunwill only be ignored by criminals). control scheme, HR2640, was“Whose side is Gunderson on?” passed into law by what most gunasked Corey Graff, executive owners considered a betrayal ofdirector of Wisconsin Gun Owners, trust by congressional republicansInc. (WGO). “When we survey and the NRA.gun owners across Wisconsin,Gun Owners of America (GOA),their reaction to the Gunderson- the National Association for GunDarling gun control bill is contempt Rights (NAGR) and Wisconsin Gunand outrage. They are righteously Owners, Inc. (WGO) (along with anindignant. Republicans should not be army of rock-solid state-level gungroveling at the feet of Washington rights organizations from across theDC gun control groups. They should country) steadfastly opposed thebe repealing this federal database, mental health bills on the basis thatnot expanding it.”they would subject gun owners andWith President Obama’s recently- their rights to arbitrary “diagnosis”passed health care “reform” bill by psychiatrists.turning America officially into aContinued Page 3socialist state, it remains to be seen— wisconsingunowners.org —

Spring 2010The Wisconsin Gun OwnerPage 3WI NICS ExpansionContinued from Page 2The analysis by the LegislativeReference Bureau provides thesechilling insights into AB70: “Thissubstitute amendment requires DOJ,when conducting a backgroundcheck on a prospective handgunpurchaser, to check whether a courthas ordered the person not to possessa firearm due to a determination thatthe person’s mental health wouldrender the person ineligible underfederal law to possess a firearm.”Sarah Brady and State Rep. Scott Gunderson (R-Waterford)Mental Health Definitions: A both seem to be working toward the same goal: to expandMoving TargetBrady background check gun control.Since 1952, the American PsychiatryAssociation (APA) has utilized theDiagnostic and Statistical Manualof Mental Disorders (DSM) as itsstandard for defining, diagnosingand treating mental health disorders.Since its first printing, the manual hasundergone five revisions, the mostrecent being the DSM-IV, whichwas finalized in 1994. Currently afifth version is being prepared andis due out by 2012.Each new version contradicts theprevious version; new authors withnew perspectives and agendas writeeach new release. The standardkeeps changing, shifting, sometimesradically — the result is that mentalillness is never clearly or objectivelydefined. It is a moving target shapedby political and social pressures.“Following controversy andprotests from gay activists at APAannual conferences from 1970 to1973, the seventh printing of theDSM-II, in 1974, no longer listedhomosexuality as a category ofdisorder. After talks led by thepsychiatrist Robert Spitzer, whohad been involved in the DSM-IIdevelopment committee, a vote bythe APA trustees in 1973, confirmedby the wider APA membershipin 1974, replaced the diagnosiswith a milder category of “sexualorientation disturbance,” one reportsaid.In today’s politically correctclimate, the most recent version ofthe DSM-IV contains “no referenceto homosexuality.”Which DSM was correct or wereboth wrong? One can easily seethe danger this contradiction raisesif these diagnoses were synced upwith a gun owner database that actsas an automated judge, jury andexecutioner for the gun buyer. Suchvariance also calls into questionthe credibility of those who definemental illness. Psychiatrists can’teven agree amongst themselvesover a relatively short period of timeon how to precisely define mentalillness on any given issue. Thirtyyears ago no one heard the term“attention deficit disorder” or “posttraumatic stress disorder” — todaydiagnoses for these new mental— wisconsingunowners.org —illnesses are commonplace.If NICS is expanded, expect entiregroups of Wisconsinites to be deniedtheir right to purchase a firearm.Legislation like this paints with abroad brush and will disarm manygood people who should be able tobuy handguns. One such group isveterans.On one side of the spectrum:someone could be diagnosed todayas “mentally defective” who wouldlater be undiagnosed tomorrowbased on which way the political orsocietal winds blow. In terms of thepsychiatric standards themselves,which DSM was right? Before thepolitically correct movement gainedsteamed or after — and which DSMwill the NICS system rely upon —the one that may disarm you, or theother that may not?Contact State Rep. Scott Gundersonat 608-266-3363 or by e-mail atRep.Gunderson@legis.wisconsin.gov. Tell Gunderson to repeal NICS,not expand it.

Page 4The Wisconsin Gun OwnerSpring 2010Late Bill Would Ban Most Private Gun Sales in WisconsinCertain misdemeanor convictions could bar gun ownership under AB643 By Richard MooreRichard MooreA fast-tracked bill introduced in thestate Legislature at the end of Marchwould ban the private sale of mostfirearms in Wisconsin and would forthe first time extend a prohibition onthe possession of firearms to thoseconvicted of certain misdemeanors.StateSen.SpencerCoggs(D-Milwaukee) and Rep. TonyStaskunas (D-West Allis) are theprincipal authors of the legislation,which received public hearings in boththe Senate and Assembly this pastweek.The bill would essentially requireall firearm transfers to be conductedthrough a federally licensed firearmsdealer, except transfers to familymembers, law enforcement and militaryagencies.Specifically, according to an analysisby the Legislative Reference Bureau,the legislation prohibits the sale ortransfer of any firearm unless one offive conditions applies. That is, thesale or transfer must be by a federallylicensed firearms dealer or the saleor transfer is to or through a firearmsdealer, or the transfer is by gift, bequest,or inheritance to a family member, oris intended to be temporary and thepurpose of the transfer is not illegal.Finally, a sale or transfer may be madeif a waiting period does not apply, suchas for the transfer of firearms classifiedas antiques, or transfers betweenfirearms dealers or between wholesalersand dealers, or transfers of any firearmto law enforcement or armed servicesagencies.Under the proposed statute, familymember means a spouse, parent,grandparent,sibling,child,orgrandchild. The relationship may be byblood, marriage, or adoption.In addition, while current law prohibitsa person from possessing a firearm if heor she has been convicted of a felony,this bill would prohibit a person frompossessing a firearm if he or she hasbeen convicted of a “violent nonfelonyoffense” unless five years have passedsince the conviction.Such offenses include misdemeanorbattery, misdemeanor harassment,misdemeanor endangering safety byuse of a dangerous weapon, exposinggenitals to a child, violations ofa domestic abuse, child abuse, orharassment temporary restrainingorder or injunction, and misdemeanorsfor which the maximum term ofimprisonment has been increasedfor use of a dangerous weapon whencommitting the misdemeanor.Way Out ThereThe National Rifle Association says theproposed legislation is an infringementof the Second Amendment rights ofWisconsin citizens.“These proposals contain outrageouslyhostile language which would putunconstitutional restrictions on firearmtransactions and transfers at gunshows,” the NRA stated on its website.“Gun control advocates refer to this— wisconsingunowners.org —legislation as a fix for the ‘gun showloophole,’ the scare tactic created byNew York Mayor Michael Bloombergto push his anti-gun agenda. (As)in most cases with state legislationand Bloomberg’s federal legislationregarding closing this ‘loophole,’ thebill goes way beyond that and providesmany unconstitutional restrictions onlaw abiding citizens.”“Including information toidentify all firearms, and notjust handguns, would createa registration databasesimilar to Canada’s long gunregistry.”The problem for Wisconsin is thatBloomberg has found a sympatheticear with Milwaukee’s mayor and someMilwaukee legislators who have beenmisled by his false statements andrhetoric, the NRA stated.The NRA said the proposals do morethan close a gun-show loophole.“These proposals go way beyond gunshows though, and frankly attack manypersonal freedoms,” the NRA stated.“These proposals would require that allfirearm transfers be conducted througha federally licensed dealer, except tofamily members. That means if youwanted to sell your firearm to a friend,you would have to find a federallylicensed dealer and pay whatevertransfer fees they felt appropriate.”Continued Next Page

Spring 2010AB643, Private Sales BanContinued from Page 4The organization also points out thatall firearms transfers would have tobe reported and all guns registeredinto a centralized database withoutestablishing who has access to thedatabase.According to the legislation, beforeany firearm is transferred, the personreceiving the firearm must provideidentification to the firearms dealerand the firearms dealer must completea notification form listing his or hername, his or her contact information,and information to identify the firearmand convey the information on the formto the Department of Justice.Including information to identify allfirearms, and not just handguns, wouldcreate a registration database similar toCanada’s long gun registry, which thatcountry is on the verge of dismantling.The difference would be that only gunsinvolved in sales or transfers after theeffective date of the law would beincluded.Finally, the NRA took issue with theconstitutionality of applying possessionrestrictions to those convicted ofmisdemeanors.“This provision is a blatant constitutionalviolation,” the NRA stated. “In Heller v.D.C., the ruling states that only felonyconvictions are justified in restrictingthis constitutionally guaranteed right.”For his part, state Sen. Glenn Grothman(R-West Bend) has criticized theprocess by which the bill’s supportersare moving it along. Grothman hascalled the effort “a rush to the finishline” to pass bills targeting SecondAmendment rights.Closing the “Loophole”The bill’s authors and its supporters saycriminal background checks are neededfor all sales or transfers of firearms; thebill would accomplish that by outlawingmost private sales, and extending theThe Wisconsin Gun Ownercurrent required background check forhandgun purchases to all firearms.Under current law, a criminalbackground check must be conductedon the prospective purchaser when ahandgun is purchased from a federallyWGO Staff PhotoJeri Bonavia, executive directorof the Wisconsin Anti-ViolenceEffort (WAVE), testifies at alegislative hearing in Madison.If Bonavia gets her way, it couldbe a crime to sell your privateproperty to a friend or neighbor.Page 5optional security doesn’t work for gunpurchasing either.”Bonavia said approximately, 30,000U.S. citizens, including 450 Wisconsinresidents, are killed by gunfire everyyear.The bill’s authors say the legislationhas broad public support, even amongmembers of the NRA, and would put astop to the private “straw” sale of gunsat guns shows and garage sales.“Gun violence is arguably themost significant threat to the safety ofurban residents in the United Statesof America,” Coggs and Staskunaswrote in a March 15 memo to fellowlawmakers. “According to a nationwidepoll conducted by conservative politicalconsultant and Fox News commentatorFrank Luntz, 69 percent of NationalRifle Association members and 85percent of non-NRA gun-ownerssupport ‘requiring all gun sellers at gunshows to conduct criminal backgroundchecks of the people buying guns.’”They also cited a survey by WAVEclaiming that 84 percent of likely votersin Wisconsin agreed with the statementthat “anyone who buys a gun should berequired to have a background checkdone by a licensed gun dealer to makesure they have no criminal record.”The national survey they cited wasperformed on behalf of Mayors AgainstIllegal Guns by Luntz’s polling firm,the Word Doctors, Nov. 25 to Dec. 2,2009, and, according to the mayors’group, surveyed 401 NRA gun ownersand 431 non-NRA gun owners.licensed gun dealer, says Jeri Bonavia,the executive director of the WisconsinAnti-Violence Effort (WAVE), whileno such background check is performed Source: LakelandTimes.comwhen guns are sold by unlicensed gun Article reprinted with permission.sellers or private individuals.“It’s as though we are saying tothe bad guys, ‘Do you want to gothrough security screening or not?It’s your choice,’” Bonavia said.“What if we used this kind of optionalsystem at an airport and let passengersdecide whether or not they wanted Sign up for WGO’s FREEto go through security? I don’t thinke-mail newsletter to get lateanyone would believe for a secondthat it could work. Not surprisingly, breaking gun rights alerts. Visitwisconsingunowners.org.— wisconsingunowners.org —

Page 6The Wisconsin Gun OwnerSpring 2010Hold the Fort — Don’t Surrender So QuicklyBy Gary MarbutWhy the Firearm Freedom Act is a Fight Worth FightingNew Hampshire attorney E.F. Nappenwrites that the Firearms Freedom Actsbeing introduced and enacted in variousstates are subject to “The AchillesHeels of the Firearms Freedom Act.”He argues that the inclusion of NFA(National Firearms Act) items (e.g.,suppressors or short-barreled rifles) inthe asserted exemption from federalauthority will cause the Acts to fail incourt because the NFA regulates underfederal tax power, not federal commerceclause power.Of course Nappen is correct to assertthat getting the permission of federaljudges in approval of the Acts willbe a difficult exercise. The federalgovernment (including its judicialbranch) doesn’t surrender powerreadily.As the author of the original MontanaFirearms Freedom Act (MFFA) that isbeing cloned around the nation, I’velong known that litigating the MFFAwould be a chancy proposition. But, Ibelieve, there is more to hope for thanNappen credits.Addressing Nappen’s concern aboutNFA items, it is true that the NFApurports to be founded in the powergiven to Congress in the Constitutionto tax. However, there are two sortsof taxes: 1) Those enacted andimplemented primarily to raise revenue,and 2) those enacted and implementedto affect commerce. The federal excisetax on firearms and ammunition isclearly the former sort, since it raisesmillions of dollars the feds dole outto the states for wildlife management.The various Firearms Freedom Actsdo not challenge or affect this genuinerevenue raising. It is expected that iflitigation under the MFFA is successful,it will still leave the excise tax on statemade and state-retained firearms andammunition in place, and makers willlikely remain liable for this tax.The taxes levied under the NFA,however, are of the second sort,intended primarily to affect (restrict)commerce in these items. The NFAprobably brings in less revenue than thecost of enforcement, so it’s probablya net loss to the federal government.Therefore, although it may claim tobe done under Congress’s tax power,that claim will fail and the fall-backposition of the federal government willbe Congress’s authority to regulatecommerce “among the states.” Thus,NFA-asserted tax power would actuallyfall exactly under the commerce clausepower challenge that is the core of theMFFA and its clones around the U.S.Also, it’s helpful to keep in mindthat the MFFA and its clones are really— wisconsingunowners.org —a states’ rights exercise, a challengeto federal commerce clause power onTenth Amendment and other grounds.It is more about federal power thanfirearms. States’ rights are the subject;firearms are the object.The Montana Shooting SportsAssociation has filed its promised legalchallenge over the MFFA in federalcourt. The most powerful card we haveto play is “emerging consensus,” judicialjargon for “There are mobs of peasantsat the palace gates bearing pitchforksand torches and we’d better payattention to what they want.” That twostates have enacted Firearms FreedomActs, eight states have introducedthem, and 20 other states are poisedto introduce their own is an “emergingconsensus” that the federal judiciaryprobably won’t actively acknowledge,but that those in the black robes will beaware of and pay attention to.Does this mean that litigating theMFFA will be a slam-dunk? Absolutelynot! Nappen is correct that the barriersare high and well-established. Still,it’s high time for this challenge to bemounted. Nappen would serve us allbetter by charging with his legal musketthan by being so ready to concede thefield to the other side.From Nappen’s Website: “Aggressivefighting for the right is the noblestsport the world affords.” — TheodoreRooseveltGary Marbut is president of theMontana Shooting Sports Association(www.mtssa.org) and author of GunLaws of Montana (www.mtpublish.com.) Reprinted with permission.

Spring 2010The Wisconsin Gun OwnerDepartment of Redundancy DepartmentPage 7By Larry PrattLarry Pratt explains why Wisconsin’s background check should be repealed, not expandedApart from all the pr

Scott Gunderson — both republicans. “The Senate unanimously passed a bill Tuesday mandating mental health information be included in background checks for firearm purchases in Wisconsin,” a report in the Badger Herald said. “The bill would