These are reasonable solutions to the bill’s . shortcomings, and would be inserted in a REMEDIES SECTION of the bill – as the bill may change, if a truly final version becomes available (a rare thing in Congress) we will post the specific proposed location of each of the proposed amendments

1.      strike "on the date of the enactment of this Act" and insert "on July 26, 2007".

Ø      This is probably the most important provision. This would do two things. First, it would keep the law from being applied retroactively, and second, it would keep the BATFE from changing the meaning of the statute by changing its regulations between now and enactment. Remember, administrative regulations are primarily created by unelected bureaucrats.

2.      "Notwithstanding any other provision of law or of this Act, if a person is denied the right to purchase a firearm in a National Instant Criminal Background Check System pursuant to 18 U.S.C. [UNITED STATES CODE] 922(g)(4) et seq. that person shall, within 14 (fourteen) days of the denial, be sent a letter to the address the person provided on the 4473, informing the person denied specifically WHY they were denied, including date of record, the authority supplying the record, and if a court, the name and address of the court and docket number of the record.

If the denied person does not receive a letter within fourteen days from the NICS explaining specifically why they were denied, then the person may request such record from NICS. If NICS does not provide the requester with the specific reason for denial within 14 (fourteen) days of receipt of the request by NICS said person may bring an action against the head of the Federal Bureau of Investigation as the federal agency responsible for the National Instant Criminal Background Check System in the district court for the district in which such person resides, the current filing fee of $350.00 shall be waived, despite any local rules to the contrary, the person filing shall not be required to file electronically, if requested by the person filing the court shall hold a hearing on the matter within 120 (one hundred and twenty) days of filing, and, that person shall be awarded actual damages, attorneys' fees, and liquidated damages of $10,000.00 for having had to file to obtain the information held by NICS." (emphasis supplied for clarity)

Ø      This provision requires that NICS not simply ignore a person who has been denied a firearm, and allows those denied to receive a specific reason why they were denied within a reasonable period of time (the amendment mandates the court hear the matter within 4 months), and if NICS refuses to provide the specific information to the person as to why they were denied the right to purchase a firearm, this amendment allows the person to bring an action in their local court without having to pay an expensive filing fee as well as provides that the person will be reimbursed for expensive attorney fees.

3.      "Notwithstanding any other provision of law or of this Act, the name of a veteran, disabled child, or other person suffering from a disability may be made available to the National Instant Criminal Background Check System pursuant to 18 U.S.C. [UNITED STATES CODE] 922(g)(4) only pursuant to a finding of a judge, magistrate, or other judicial authority and only after notice and an opportunity to be heard by the individual whose name is to appear on this list. It shall be unlawful for the National Instant Criminal Background Check System to maintain the name of any veteran who was discharged under honorable conditions and who has not been subject to a finding of a judge, magistrate, or other judicial authority pursuant to the provisions of this paragraph. Any person whose name continues to be unlawfully retained by the National Instant Criminal Background Check System in violation of the provisions of this paragraph may, beginning on the day six months from the date of enactment of this Act, bring an action against the National Instant Criminal Background Check System in the district court for the district in which such person resides, the current filing fee of $350.00 shall be waived, despite any local rules to the contrary, the person filing shall not be required to file electronically, if requested by the person filing the court shall hold a hearing on the matter within 120 (one hundred and twenty) days of filing, and, upon a finding that such person's name has been unlawfully retained, shall be awarded actual damages, attorneys' fees, and liquidated damages of $10,000.00."

Ø      This requires that NICS not simply ignore a person whose name has been illegally or wrongfully included on the list and allows those prohibited from purchasing a firearm by the illegal inclusion of their name on the list a hearing within a reasonable period of time (the amendment mandates the court hear the matter within 4 months which is reasonable considering in many instances a person will not actually go to trial and receive a final decision from a judge until years after filing a suit it court), and if the person prevails, the person will regain the right to purchase a firearm. This amendment allows the person to bring an action in their local court without having to pay an expensive filing fee as well as provides that the person will be reimbursed for expensive attorney fees.

4.      "No person shall be prohibited from acquiring, possessing, or selling a firearm under subsections (d) and (g) of section 922, Title 18 U.S.C. [UNITED STATES CODE] solely because of a diagnosis of bipolar disorder, post-traumatic stress disorder (PTSD), or attention deficit disorder (ADD) or attention deficit and hyperactivity disorder (ADHD)."

Ø      This makes it clear that simply because an individual has been diagnosed by a psychiatrist or psychologist (maybe incorrectly) with a given condition, does not, by itself without more, prohibit them from owning firearms. Many veterans have served our country honorably, and the military is becoming more and more concerned with their mental health and now, in many instances conducts mental health examinations both before and after military service. This provision will insure that those who have honorably served our country will not be prohibited from owning firearms because of the emotional battle scars they may carry from honorably serving their country.

5.      "provided, however, that a soldier or veteran, honorably discharged, is not, by virtue of his service and the trauma suffered in connection with his service, prohibited from shipping, transporting, possessing, receiving, selling, or disposing of a firearm under paragraph (4) of section 922(d) and 922(g) of title 18, U.S.C.” [UNITED STATES CODE]"

Ø      This makes it clear that simply because a psychiatrist or psychologist (maybe incorrectly) believes a solider or veteran that has been honorably discharge suffers from a trauma in connection with his military service, that individual will not be prohibited from firearm ownership. We cannot punish our veterans for the scars that we demanded they incur on our behalf.

6.      "provided, however, that a person who, having been a child participating in a program under the Individuals With Disabilities Education Act, shall not be prohibited from shipping, transporting, possessing, receiving, selling, or disposing of a firearm under paragraph (4) of sections 922(d) and 922(g) of title 18, U.S.C. [UNITED STATES CODE], by virtue of a diagnosis in connection with such program."

Ø      Just being in the IDEA program wouldn't allow the federal government to equate the IDA diagnosis with that of a prohibited person. Many of those less fortunate than us, both intellectually and financially, are, as a practical matter forced to participate in this program. This would prohibit the federal government from stigmatizing and punishing those least able to protect themselves. This does not mean that having participated in the IDEA program is a pass from being included on the list. If an individual meets the criteria for inclusion on the list they may still be placed on the list, this amendment simply says that having participated in IDEA without more is not a sufficient reason to place someone on the list.

Submitted by GO-NH, Inc. consulting attorney Penny S. Dean, Esq., A.A., B.A., M.I.P., J.D.

Attorney Dean was admitted by examination to the bars in New Hampshire, Maine and Massachusetts. She is admitted to all federal and state courts in those states as well as the First Circuit Court of Appeals, and the United States Supreme Court. She is regularly consulted by the media on firearm issues.

Attorney Dean is not only a practicing attorney but a shooter and shooting instructor as well. She is an NRA Certified Pistol Instructor, Hunter Safety Instructor, a LFI I, II, & III graduate (Lethal Force Institute, Massad Ayoob, Director). She has been a guest commentator on Cam and Company, NRA Patriot radio, and numerous other local and national radio shows, including NH Outlook, New Hampshire Public Television 2/25/04 Gun Permit Debate with Laurel Redden, of New Hampshire ‘Million’ Moms, on the question, “Should Gun Owners be Required to Have a Permit in Order to Carry a Concealed Weapon?” On November 28, 2006 Attorney Dean gave a speech at Durham, UNH before the Young Americans for Freedom. She was an invited speaker at the Mensa Granite State Gathering 2004, Radisson Hotel Manchester, New Hampshire Girls Just Wanna Have Guns! and has spoken at countless other events as an invited speaker. She has testified countless times presenting an analysis of legislation before the New Hampshire General Court on firearms and other civil rights issues. She was a member of the Board of Directors of the New Hampshire Wildlife Federation in 2006.