NRA News

NRA-ILA Grassroots Alert Vol. 13, No. 49 12/15/06

OHIO LEGISLATURE OVERRIDES GOVERNOR'S VETO

Governor Bob Taft's (R) veto of crucial statewide preemption legislation has been overridden by the state legislature. This was the first time in 29 years that the Ohio legislature overturned a Governor's veto. On Thursday, December 7, the State House voted 71-21 to override House Bill 347. On Tuesday, December 12, the State Senate also voted (21-12) to override the veto, with three Democratic Senators voting in favor of the measure.

Championed by Representative Jim Aslanides (R-94), HB 347 will create statewide preemption ensuring that firearm laws are uniform throughout the state. Currently, 43 states have similar laws. Passing statewide preemption eliminates problems for gun owners who have been unduly burdened by local ordinances, such as the Columbus "assault weapons ban." In addition, this legislation will correct a number of problems that have surfaced during the past year for Right-to-Carry permit holders. The most common complaint for license holders has been the "plain sight" requirement in a motor vehicle. HB 347 will eliminate this requirement.

To view how your State Legislator voted on the veto override, please visit www.nraila.org/Legislation/Read.aspx?ID=2510. Please take a moment to contact your State Representative at (614) 466-3357, and State Senator at (614) 466-4900, and thank them for defending your Second Amendment rights. If they opposed the veto override, please politely remind them you will remember their vote come election time.

A special thank you to all NRA members for your calls and e-mails in support of HB 347 during the legislative session!

MICHIGAN PROTECTS GUN OWNERS' RIGHTS

Michigan's State Legislature has passed a two-bill, NRA-backed package, to create the state's "Emergency Powers Protection Act" (HB 6363 and HB 6364). The new laws prevent local governments from confiscating lawfully-owned firearms during a declared state of emergency, as witnessed in New Orleans following Hurricane Katrina. "Law-abiding Michiganders have won a significant victory in the State Legislature," said NRA-ILA Executive Director Chris W. Cox. "The aftermath of Hurricane Katrina confirmed a fear long-held by American gun owners: the day government bureaucrats declare our Second Amendment null and void, leaving law-abiding citizens defenseless in the midst of chaos and lawlessness. We promised then to take measures to ensure that the Second Amendment is not another casualty during a declared emergency, and we are proud to have delivered on that promise."

In the first year since Hurricane Katrina, state legislatures in Alaska, Idaho, Florida, Kentucky, Mississippi, New Hampshire, Oklahoma, South Carolina, Virginia, and Louisiana passed measures that echo the spirit of Michigan's "Emergency Powers Protection Act". This fall, the U.S. House of Representatives and the U.S. Senate passed a similar federal bill with broad, bipartisan support, and President Bush signed the measure in October.

Michigan's bills passed overwhelmingly in the State Senate, 37-1, and unanimously in the State House, 105-0. "No matter what the circumstances, lawful gun owners have the right to possess their firearms in their homes," Cox said. And if forced to evacuate, they have the right to transport their firearms to a safe place. Nobody has the right to disarm them. On behalf of our many NRA members in Michigan, I want to thank Representative Scott Hummel for his leadership and his dedication to seeing the 'Emergency Powers Protection Act' become law. I also want to thank the representatives and senators who recognized the will of the people and voted overwhelmingly to pass this sound legislation."

COURT NIXES JERSEY CITY'S GUN RATIONING SCHEME

In a persuasively reasoned decision he read from the bench, New Jersey Superior Court Judge Maurice Gallipoli declared Jersey City's one-gun-a-month handgun rationing law null and void, holding that it violates state preemption, equal protection, and was "arbitrary and capricious."

Ordinance # 06-116, limited handgun purchases persons pre-certified by the State as non-criminals after undergoing extensive background checks. The ordinance criminalized Jersey City dealer sales of more than one handgun per month, deviating from New Jersey's already strict gun control laws, that require separate government-issued permits for each handgun. Permits are only issued after an extensive, costly, and lengthy background investigation of the purchaser.

Jersey City Mayor Jerramiah Healy introduced the invalidated law earlier this year, in a rush to appear to be combating Jersey City's mounting crime problems. The City Council passed the law by a vote of 6-2, despite a mountain of evidence that the law would not reduce crime because it targeted only law-abiding purchasers. The President of the City Council even called the measure "feel good" legislation that would probably not reduce crime--before voting in favor of the law.

The lawsuit was brought by the Association of New Jersey Rifle & Pistol Clubs (ANJRPC) as lead plaintiff, with the support of NRA-ILA, the NRA Civil Rights Defense Fund, and the New Jersey Association of Firearms Dealers (an affiliate of the National Shooting Sports Foundation).