New Gun Law Threatens Women

In the February 1997 issue of this publication I wrote about the value of the 2nd amendment with regard to crime and the benefits--to women in particular--of owning firearms. It has recently come to my attention how the Republican Party has betrayed the conservatives and Second Amendment supporters within their ranks.

The February 28 issue of The Gun Owners, published by Gun Owners of America, shows the cold reality of the actions of a Republican majority Congress. All of the Congressmen listed for Washington State, as well as both Senators Murray and Gorton, voted for ''The Lautenberg Domestic Confiscation Act'' as part of H.R. 3610 on September 28, 1996. There was no good reason this should have passed and the Republican controlled committee could and should have let it die in its tracks. But, of course , they probably thought they were ''protecting'' women and children and may have believed that the bill posed no threat to the Second Amendment. They were wrong on both counts.

What does the Lautenberg Act do? It prohibits gun ownership by any person who has ever been convicted of a misdemeanor involving the use or attempted use of physical force, the threatened use of a deadly weapon against a spouse, child, intimate partner or other cohabitant (emphases mine). This applies not only to the general citizenry but to all law enforcement and the military, as well. Anyone who has a domestic misdemeanor on their record could face a $250,000 fine and 10 years in prison--even if they only possess one bullet. (The average convicted murderer serves less time for his crime.) Further, the law is retroactive, i.e., if you got into some trouble when you were a youngster, even 20 years ago or more, you may not be permitted to possess a gun or bullets. If found guilty of violating this law (by not turning in your weapon and bullets), you may be subject to the aforementioned punishment. Bear in mind that, under the Gun Control Act of 1968, all convicted felons are already banned from gun ownership.

The fact that law enforcement agencies and the military are not exempt from this law (as they always have been before) may be a blessing. Some police officers have already been stripped of their duties and their weapons as a result of the law. Some are on paid leave pending investigation results. They are not happy. The National Association of Police Organizations wants the law amended to exempt themselves. And Bill Dunham of the U.S. Bureau of Alcohol, Tobacco and Firearms isn't happy either: ''You could have had an argument with your wife twenty years ago, where she said you hit her, and you pay a $25 fine and you think that's the end of it. But now you're basically precluded from owning a firearm today--with no recourse.'' It is estimated that 10% of law enforcement personnel could be guilty of domestic violence, so this means they will certainly try to undo the law--at least the part affecting them.

James Bovard wrote in The Wall Street Journal (December 23, 1996): ''Even though they may need guns more than men, women are increasingly likely to be stripped of the means of self-defense by the gun law's provisions.'' He notes that, in some Virginia counties, police are now required to make arrests when responding to domestic violence calls, and many counties have reported a tripling of domestic abuse charges against women in recent years. Further, during divorce proceedings, it has become common for one party to allege domestic violence on the other's part. People who have plea bargained and paid a small fine to settle such a charge could find that they, too, have lost the right to keep and bear arms. And Peter Proctor, a forensic expert in Houston, states that ''Many domestic violence charges are false--perhaps as many as one--third where child custody or divorce issues are involved.''

Mr. Bovard also wrote about a tragic case in which a woman had separated from her husband and took her children to her mother's house: ''Her husband came to her mother's house and threatened her; she brandished a pistol to force her husband to back off. Police arrived and seized her gun. A week later, she and her mother went to her husband's house to pick up clothing for the children; her husband stepped out of the house and gunned them both down.''

Chris Klicka, director of the National Center for Home Education, raises another concern as to how the law could be used. He says, ''There is a move across the country by child rights groups to outlaw corporal punishment. In a few instances, families have been found guilty of abusing their children as a result of spanking--not that their childen were hurt or anything.'' So, let ''conservative values'' parents beware.

This legislation will have far-reaching effects if it is not undone. Representative Helen Chenoweth of Idaho may present legislation to repeal the Lautenberg Act if she receives enough encouragement. Washington State representatives should be urged to join the bandwagon to repeal this law. And, even though Representative Bob Barr of Georgia wants to repeal the retroactive portion of the bill, he should be urged to repeal the bill in its entirety.

There is another bill of interest, the ''Citizens Self-Defense Act,'' which would restore Americans' gun rights by putting an end to gun control laws aimed at the law-abiding. It would permit state and local laws to be challenged--the laws that make it difficult to defend one's family, home, and property. Criminals should pay the price for their crimes, but people should be able to defend their lives, their family, and their property. The ''Citizens Self-Defense Act,'' H.R. 27, should be supported and I would recommend letting your Congressman know that he or she should co-sponsor this bill.

The 2nd Amendment has been infringed for too long. It is time to reclaim this right. I urge you all to act, to contact your legislative representatives. We should remember that the British were burning the weapons cache of the rebels in Concord, Massachusetts because they knew that they could better control a disarmed population. Our nation's founders knew the value of the right to keep and bear arms and we should value it as highly. History has shown that when a government disarms its people the result is tyranny.