Letters to the 108th Congress

September 22, 2003

Dear Senator:

I am writing on behalf of the American Bar Association to express our strong support for S.1034, the Assault Weapons Reauthorization Act of 2003, introduced with the tripartisan support by Senators Feinstein, Schumer, Chafee, Durbin, Boxer and Jeffords.

In 1994, when the ban was enacted, it was in response to an alarming trend of military style weapons being used by gangs, drug dealers and spree killers throughout the country. The 19 models of military-style firearms and the copies prohibited by S.1034 pose an especially high risk to law enforcement and our nation's youth and have no place on the streets of our neighborhoods. The ABA believes that it remains sound public policy to restrict the availability of such firearms to the military and law enforcement.

The regulation of military-style firearms is clearly constitutionally permissible. The Supreme Court enunciated in United States v. Miller, 307 U.S. 174 (1939), what over sixty years later remains the law of our nation - that the scope of the people's right to bear arms is limited by the introductory phrase of the Second Amendment regarding the necessity of a "well regulated militia" for the "security of a free State." In Miller, the Court held that the "obvious purpose" of the Amendment was "to assure the continuation and effectiveness of ." the state militias and cautioned that the Amendment "must be interpreted and applied with that end in view." In the almost- ten years since the enactment of the ban, a stronger consensus has grown among leaders of both parties that the ban is constitutionally sound and reasonable. President Bush has consistently voiced his support for reauthorization.

Since enactment of the ban, there has been a dramatic reduction in crimes committed with these prohibited firearms. Leaders among both political parties have made clear their agreement, in supporting a renewal of the ban, that these firearms are not suitable for hunting, collecting, or self-defense - but are meant for military combat and are attractive to criminals.

S.1034 is a sensible and balanced approach to fighting crime and protecting the rights of lawful gun owners. The original legislation took every step possible to clarify the weapons subject to the law, listing by name the hundreds of firearms used for hunting and other recreational purposes which were exempted from the bill's coverage.

If the Senate does not take action, the current ban will expire and our communities will once again see an increase in unnecessary violence. We must ensure that the ban remains in effect for the sake of all law-abiding citizens.

The ABA joins with leading law enforcement and civic organizations from across the country in working for passage of this bill as soon as possible. We are committed to reauthorizing the assault weapons ban and helping President Bush to fulfill the campaign promise he made to the American people to reauthorize the ban. We urge you to support S.1034.

Sincerely,

Robert D. Evans

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