New Gun Grab In The Works, Already Passed the House HR 4757

Gun Owners of America E-Mail Alert 8001 Forbes Place, Suite 102, Springfield, VA 22151 Phone: 703-321-8585 / FAX: 703-321-8408 http://www.gunowners.org

The House has passed H.R. 4757, the so-called "Our Lady of Peace Act." Its chief sponsor is the rabidly anti-gun Rep. Carolyn McCarthy of New York.

Not surprisingly, one of the other rabid anti-gunners from New York, Senator Chuck Shumer (D), has sponsored the companion bill in the Senate (S. 2826).

The bill would require states to turn over vast numbers of sometimes-personal records (on potentially all Americans) to the FBI for use in connection with the Instantcheck. These records would include any state record relevant to the question of whether a person is prohibited from owning a gun.

This starts with a large volume of mental health records, but the FBI could also require that a state forward ALL of its employment and tax records in order to identify persons who are illegal aliens. It could require that states forward information concerning drug diversion programs and arrests that do not lead to prosecution, in order to determine whether a person was "an unlawful user of... any controlled substance...."

The bill would also help FBI officials to effectively stop millions of additional Americans from purchasing a firearm, because they were guilty in the past of committing slight misdemeanors. You might remember the Lautenberg Gun Ban which President Bill Clinton signed in 1996? Because of this ban, people who have committed very minor offenses that include pushing, shoving or, in some cases, even yelling at a family member have discovered that they can no longer own a firearm for self-defense.

But the anti-gun nuts in Congress are upset because many of the states' criminal records are incomplete. As a result, the FBI does not access all of these records when screening the background of someone who purchases a firearm from a gun dealer. The McCarthy-Schumer bill would change all that and keep millions of decent, peaceful citizens from owning a firearm because of one slight offense committed in their past.

The bill also reaches for a gun owning prohibition on nearly 3 million more Americans who have spent time in mental health facilities. This group has no more involvement in violent crime than does the rest of the population. But even assuming that those with (often minor and treatable) mental health histories are "bad" guys, this bill is NOT about keeping bad guys from getting guns. Bad guys will ALWAYS be able to get guns, no matter how many restrictions there are.

This bill is all about control. Schumer and McCarthy want to keep pushing their agenda forward, making it impossible for more and more Americans to legally own guns! But if it is OK to ban gun ownership for certain people who have engaged in a shouting match with another family member, or who have stayed overnight in a hospital for emotional observation or who have been written a prescription for depression, then who will be next on the McCarthy-Schumer hit list? People who drink an occasional beer? People who take "mind altering" cold medicines -- Nyquil, TheraFlu, etc.?

H.R. 4757 and S. 2826 are major, anti-self defense bills that will only make the country safer for criminals while opening the door to invading the privacy of all Americans.

A near-total gun ban on the island of Great Britain has resulted in England suffering from the highest violent crime rate of any industrialized country. Why would a less oppressive form of gun control work when an outright ban has failed to keep guns out of the wrong hands?

Please contact your Senators and demand that this bill be stopped. A pre-written message is provided below. To identify your Senators, as well as to send the message via e-mail, see the Legislative Action Center at http://www.gunowners.org/activism.htm on the GOA website.

I am shocked that the Senate has before it a bill (S. 2826) that would prohibit millions of Americans from owning a gun for self-defense. Those who would be banned present no greater risk of committing violent crimes than does the rest of the population. Are all the rest of us next?

Please vote against this monstrosity (also known as the Our Lady of Peace bill) if it comes to the floor of the Senate for a vote. Gun Owners of America will be using this vote for their rating of Congress.

I would like to hear from you about whether you support this massive increase in gun control.

Please do not reply directly to this message, as your reply will bounce back as undeliverable.

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"It is in every law-abiding gun owner's interest to prevent nutjobs from walking in and buying a gun."

Who defines 'nutjobs? Did you know that any veteran who ever filled out a form at a veteran's hospital and complained of stress caused by any reason will no doubt be classed as a 'nutjob' once their medical records become part of this proposed data base? There will be few veterans who will not be dis-armed. I ask again, who defines what a 'nutjob' is? How would you define 'nutjob?' If you're a vet, be wary of answering casual and suggestive questions if you ever visit the V.A.

I busted my butt getting to the VA in time for my appointment last year and the trip made my blood pressure go up a few points. The nurse commented about it, and I explained that my blood pressure is usually much lower, but that I've been driving for 40 minutes in rough traffic trying to get here on time and I was probably stressed out. Anyone who is late for a VA appointment knows they will wait another month for another one. The nurse turned her head, looked at me sidewise like I was some kind of a 'nutjob' and wrote down my comment, asking if I usually get stressed when I drive.? I looked at her like she was stupid and said, 'Hell, don't you?' I believe she wrote that down too.

There were other questions she asked relating to stress, reading from what must have been a special form, as I was never asked those questions before. Yeah. I'm paranoid. This form came out about the same time news broke about what was included in the Bill when it was written.

I can easily picture what will happen if this Bill becomes law. Especially since all medical records will become part of the data base. They won't have to ban guns. Few will be qualified to buy them. Punch a name into a computer, up comes a psychological profile along with a list of medications taken by the would-be gun buyer. You can bet that the use of any mood-altering or stress-relieving or chemical-balancing prescription medicines will dis-qualify the buyer, having been classified as, in your words, a 'nutjob.'

I would rather have a well-armed 'nut-job' at my side if push ever came to shove anyway. Certifiable psychos are able to get weapons regardless of laws, so why this 'nut-job' law?

On October 16, the U.S. House of Representatives passed by voice vote legislation authorizing funding to ensure that states and
localities report the names of individuals "adjudicated as mentally defective" with the FBI's National Instant Criminal Background

Check System (NCIC). Sponsors of the legislation, known as "Our Lady of Peace Act" (HR 4757/S 2826), attempted to expedite
Senate passage late last week but were blocked in their effort to achieve unanimous consent. Since then, both the House and
Senate have recessed until at least the week of November 18 when members of Congress will return for a post-election "lame duck"
session. It is expected that sponsors of HR 4757/HR 2826 will again attempt to push the bill through the Senate and on to President

Bush's desk where it likely would be signed into law.

During the current congressional recess, NAMI will be attempting to force changes in the current version of the "Our Lady of Peace
Act" to address concerns raised about provisions in the bill that would erode the privacy of individual's mental illness treatment status
and reinforce existingstigma regarding people with mental illness. NAMI will also be urging the Senate Judiciary Committee to
convene hearings on the bill to examine the potential impact on privacy rights of individuals with mental illness and likelihood that
potential disclosure to the federal NCIC database might deter individuals from seeking treatment.

To date, neither the House nor the
Senate have held hearings on HR 4757/S 2826.

In an E-News message circulated on October 2, NAMI outlined a range of concerns about HR 4757/S 2826. Included below is
additional background material and a restatement of the impact this legislation could have on individuals with mental illness.
During
the current recess, NAMI advocates are encouraged to share these concerns with their U.S. senators and urge them to amend the
current version of this legislation to ensure that the privacy rights of consumers are not unfairly compromised as part of the effort to
ensure appropriate screening of individuals seeking to purchase firearms. All members of Congress can be reached by calling the

Capitol Switchboard toll free at 1-800-839-5276 or at 202-224-3121 or online through www.congress.org.

Background on "Our Lady of Peace Act"

Since 1968, federal law has required state and local government agencies to report the names of persons "adjudicated as mentally
defective" to the Federal Bureau of Investigation (FBI), which is responsible for conducting the National Instant Criminal Background
Check System (NCIC) for people seeking to purchase firearms. However, most states and localities have never complied with this
law.

HR 4757/S 2826 authorize a set of incentive grants to state and local agencies to report these names. Although NAMI
recognizes the importance of screening individuals who wish to purchase guns, there is mounting concern that this legislation
contains overly broad language and has potential to reinforce stigma and compromise the privacy of individuals with mental
illnesses.

The term "adjudication as a mentally defective," as defined in HR 4757/S 2826, encompasses a variety of categories. While it is
much narrower than all individuals diagnosed with a mental illness, it does include all individuals that have been involuntarily
committed to a psychiatric facility, without regard to functional impairment, when the commitment occurred or the reason for the
commitment.

Additionally, any determination (formal or otherwise) by a governmental agency that a person is a danger to themselves
as a result of a mental disorder or illness would serve as a basis for reporting their name to the FBI's NCIC. Likewise, a determination
that a person lacks capacity to contract or manage their own affairs would also trigger a disclosure to the NCIC.

Second, as currently drafted HR 4757/S 2868 is lacking adequate protections to safeguard the privacy of individuals whose names
are reported to the FBI for maintenance in the NCIC system. Specifically, the bill directs the Attorney General to work with states,
local law enforcement and the mental health system to establish regulations and protocols for protecting privacy. However, the bill
contains no specific parameters or guidelines for doing so.

Finally, in NAMI's view the very use of the language "adjudicated as a mentally defective" in S 2826 is outdated and highly
stigmatizing of people with mental illness and would possibly deter some people from seeking necessary treatment.

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