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NRA-ILA FAX ALERT=20
Vol. 8, No. 17 4/27/01=20
ANTI-GUN EXTREMISTS
SUFFER MONUMENTAL JUDICIAL DEFEAT
Yesterday, the New York Court of Appeals joined the ever-growing list of =
courts that have rejected reckless lawsuits against gun makers by =
unanimously ruling that victims of firearm-related violence cannot sue =
firearm manufacturers for the criminal misuse of a non-defective product =
(i.e., firearms). The suit, Hamilton v. Accu-Tek, is one of dozens that =
are heavily supported by the gun-ban lobby, HCI, its "educational" arm =
the Center to Prevent Handgun Violence (CPHV), and many other anti-gun =
organizations. These reckless lawsuits are designed to circumvent the =
legislative process-where the anti-gun community has suffered countless =
defeats-and harass the firearm industry either into bankruptcy, or into =
allowing anti-gun organizations or bureaucrats to dictate how gun makers =
design and market their products.=20

Thursday's ruling held that firearm manufacturers cannot be held liable =
when their legally produced, legally distributed, non-defective products =
are used by violent criminals. The court also stated that "Federal law =
already has implemented a statutory and regulatory scheme to ensure =
seller 'responsibility' through licensing requirements and buyer =
'responsibility' through background checks." Further, the ruling =
rejected the "reforms" to the firearm industry proposed by the =
plaintiffs because of a failure to show how such changes in =
manufacturing or marketing practices would reduce the criminal misuse of =
firearms, and because the court found the proposed changes would =
eliminate "a significant number of lawful sales to 'responsible' buyers =
by 'responsible' Federal firearms licensees...." The ruling also =
concluded that the suit's demand that manufacturers investigate Federal =
firearms licensees for possible illegal activity was "neither feasible =
nor appropriate," noting that "the plaintiffs' own law enforcement =
experts agreed that the manufacturers should not make any attempt to =
investigate illegal gun trafficking on their own since such attempts =
could disrupt pending criminal investigations and endanger the lives of =
undercover officers."=20

"We are extremely gratified by today's ruling because the Court =
recognized that by complying with the extensive statutory and regulatory =
scheme established by Congress and administered by the Bureau of =
Alcohol, Tobacco and Firearms (BATF) federally licensed firearms =
manufacturers distribute and sell their lawful products in a safe and =
responsible manner and help to keep firearms out of the hands of =
criminals," said Robert T. Delfay, president and chief executive officer =
of the National Shooting Sports Foundation, Inc., the trade association =
for the firearms industry. "We have long supported law enforcement's =
efforts to combat illegal firearms trafficking and cooperate whenever =
and however we are asked to do so, but, obviously, recognize that we =
have no law enforcement authority and should not do things that =
jeopardize those efforts or put law enforcement officers in danger," =
added Delfay.=20

This is just the latest judicial rejection of reckless lawsuits against =
gun makers. Courts across the country have been throwing out similar =
cases-including some filed by a cabal of anti-gun big-city mayors-and =
this tactic is also being rejected by state legislatures. Just last =
week, Indiana became the 25th state to enact a law that prohibits =
municipalities from filing these suits, and Florida (see "A Look At The =
States") is poised to put us over the half-way point. There is also =
NRA-backed federal legislation that calls for a national prohibition on =
reckless lawsuits against the firearm industry-H.R. 123-introduced by =
U.S. Representative (and NRA Director) Bob Barr (R-Ga.). As the courts =
and legislatures continue to reject this extortion effort by the =
anti-gun community, we will continue to keep you updated.=20

URGE YOUR SENATORS TO OPPOSE S. 767

U.S. Senator Jack Reed (D-R.I.) has introduced S.767, his version of the =
legislation once pushed by former U.S. Senator Frank Lautenberg (D-N.J.) =
that sought to end gun shows as we know them today. We also expect U.S. =
Senators John McCain (R-Ariz.) and Joseph Lieberman (D-Conn.) to =
introduce their "compromise" gun show legislation very soon. And as the =
Senate has taken up the issue of education reform, we anticipate that =
Reed and fellow gun-ban extremists such as U.S. Senators Dianne =
Feinstein (D-Calif.) and Chuck Schumer (D-N.Y.) will be working with =
anti-gun organizations to attach Reed's assault on gun shows, as well as =
other anti-gun amendments with no relevance to education reform, to any =
education legislation brought up for consideration. Contact your U.S. =
Senators and urge them to oppose the attack on gun shows, as well as any =
other anti-gun effort. You can reach your U.S. Senators by calling the =
U.S. Senate switchboard at (202) 224-3121. Just ask for your lawmaker's =
office, or give the operator your zip code. Also, for those on the =
Internet, you can find contact information for your federal lawmakers by =
using the "Write Your Reps" tool at www.NRAILA.org.=20


ANTI-GUNNERS
AND THEIR BRUSHES WITH THE LAW
It seems that anti-gun extremists are having all sorts of trouble with =
the law. Last week we told you about the conviction of Robert Brennan. =
This week it's two noted anti-gun U.S. Senators. The April 23 edition of =
Roll Call revealed that, according to a Federal Election Commission =
(FEC) audit, U.S. Senator Chuck Schumer's (D-N.Y.) 1998 Senate campaign =
failed to properly handle its finances. Schumer's spokespeople shrugged =
off the FEC report, admitting there were errors, but claiming they were =
quickly corrected. Another anti-gun U.S. Senator, Robert Torricelli =
(D-N.J.), is facing an embarrassing investigation of his own. Torricelli =
has been accused of accepting tens of thousands of dollars in unreported =
gifts, an allegation first revealed by the New York Times. Apparently =
the anti-gun community is simply numerically-challenged. After all, the =
so-called "Million" Mom March didn't have anywhere near a million moms =
at last year's "march"-the One Hundred-Thousand-or-so Mom March would =
have been a far more accurate name-and HCI President Michael Barnes =
intentionally misled Congress earlier this year when his testimony =
implied that 11 children die every day from firearm-related accidents-in =
fact, there was a total of 121 firearm-related accidents involving =
children in all of 1998!=20


C-SPAN 2 WILL AIR COLUMBIA
COLLEGE CONSERVATIVE CLUB PANEL
On April 18, the Columbia College Conservative Club hosted a panel of =
noted researchers and scholars to discuss the controversial book "Arming =
America" by Michael Bellesiles. This event was organized to offer a =
different perspective to the ceremony held the same day where Bellesiles =
was awarded the Bancroft Award by Columbia University. The panel =
included Yale professor John Lott-author of "More Guns, Less Crime: =
Understanding Crime and Gun Control Laws"-Clayton Cramer-author of =
several historical books, including "For the Defense of Themselves and =
the State: The Original Intent and Judicial Interpretation of the Right =
to Keep and Bear Arms"-and attorney Stephen Halbrook-who successfully =
argued against the constitutionality of the Brady Act before the Supreme =
Court of the United States. C-SPAN 2 is scheduled to air the award =
ceremony, followed by the panel discussion, this Sunday, April 29, at =
8:50 p.m. EST.=20


A LOOK AT THE STATES
CALIFORNIA=20

After moving Assembly Bill 35 (Shelley), the "English Only" Handgun =
Licensing Bill, off of last Wednesday's schedule due to pressure created =
by your phone calls, faxes, and e-mail, the Assembly's Appropriations =
Committee has rescheduled a hearing for Wednesday, May 2 (for bill =
details see FAX Alert Vol. 8, No.16, 4/20/01). Please keep the pressure =
on by continuing to contact the members of the Appropriations Committee =
prior to the May 2 hearing and urging them to oppose AB 35. For a =
complete listing of Committee members and contact information, use the =
"Write Your Reps" tool at NRAILA.org, or call NRA-ILA Grassroots at =
800-392-8683.=20

COLORADO=20

SB 225, which seeks to ban the purchase of handguns by those 18-21 =
without parental consent, will be considered by the full Senate next =
Monday. Contrary to statements by the bill's sponsors, Governor Bill =
Owens (R) DOES NOT support SB 225 and has said so publicly. Please =
contact your State Senators at (303) 866-2316 and urge them to oppose SB =
225. Also, please call Senators Jim Dyer (303) 866-4884, Alice Nichol =
(303) 866-4865, John Evans (303) 866-4881 and Norma Anderson (303) =
866-4859 and thank them for continuing to oppose SB 225.=20

FLORIDA=20

SB 412, a bill that seeks to protect firearm manufacturers from =
reckless, politically-motivated lawsuits aimed at bankrupting them, =
passed the full House on a 78-35 vote. The bill now goes to Governor Jeb =
Bush's (R) desk. Contact your lawmakers by phone or e-mail to thank them =
for supporting SB 412.=20

IOWA=20

SF488, a bill that sought to ban all private firearms transfers unless =
they went through an FFL, is now dead for the year. Thank you to all =
members who made calls to their lawmakers.=20

NORTH CAROLINA=20

House Bill 622, a bill that seeks to prohibit municipalities from filing =
reckless lawsuits against gun makers, passed the House by a vote of =
101-16. Also, HB 320, a bill that sought to hold adults criminally =
responsible if any minor gains access to a firearm and injures or kills =
another person, and mandate storage requirements, was defeated by the =
full House on an 83-33 vote.=20

OREGON=20

Republican State Senators have held firm against a number of attempts =
over the past week to add gun control language to crime- or =
education-related bills in the Oregon Senate. Contact these Republican =
Senators on Monday to thank them for their support, and urge them to =
resist any further attempts to advance gun-control advocates' agenda in =
this manner. For a list of Republican State Senators and their capitol =
phone numbers, visit www.leg.state.or.us.=20

TEXAS=20

HB 367, a bill making it a FELONY for anyone other than an FFL to trade =
or sell a firearm at a gun show, has still not been set for a vote by =
the full Texas House. Continue calling your State Representative at =
(512) 463-4630 and urge him to oppose HB 367 if and when it's scheduled =
for a vote.=20


-------------------------------------------------------------------------=
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Having difficulty finding ILA-related info? Try our FAQ Sheet=20

NRAILA.org is maintained for the NRA by=20
Mainstream Electronic Information Services=20

Homepage established 1994 by the NRA Institute for Legislative Action=20
11250 Waples Mill Road, Fairfax, VA 22030=20




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<DIV><FONT size=3D2>
<CENTER>
<H2>NRA-ILA FAX ALERT </H2>
<H3></CENTER>Vol. 8, No. 17 4/27/01 </H3><B>
<CENTER>ANTI-GUN EXTREMISTS<BR>SUFFER MONUMENTAL JUDICIAL =
DEFEAT</CENTER></B>
<P>Yesterday, the <B>New York Court of Appeals</B> joined the =
ever-growing list=20
of courts that have rejected reckless lawsuits against gun makers by =
unanimously=20
ruling that victims of firearm-related violence cannot sue firearm =
manufacturers=20
for the criminal misuse of a non-defective product (i.e., firearms). The =
suit,=20
<B><I>Hamilton</I> v. <I>Accu-Tek</I></B>, is one of dozens that are =
heavily=20
supported by the gun-ban lobby, <B>HCI</B>, its "educational" arm the =
<B>Center=20
to Prevent Handgun Violence</B> (CPHV), and many other anti-gun =
organizations.=20
These reckless lawsuits are designed to circumvent the legislative =
process&#8212;where=20
the anti-gun community has suffered countless defeats&#8212;and harass =
the firearm=20
industry either into bankruptcy, or into allowing anti-gun organizations =
or=20
bureaucrats to dictate how gun makers design and market their products.=20
<P>Thursday's ruling held that firearm manufacturers cannot be held =
liable when=20
their legally produced, legally distributed, non-defective products are =
used by=20
violent criminals. The court also stated that "Federal law already has=20
implemented a statutory and regulatory scheme to ensure seller =
&#8216;responsibility'=20
through licensing requirements and buyer &#8216;responsibility' through =
background=20
checks." Further, the ruling rejected the "reforms" to the firearm =
industry=20
proposed by the plaintiffs because of a failure to show how such changes =
in=20
manufacturing or marketing practices would reduce the criminal misuse of =

firearms, and because the court found the proposed changes would =
eliminate "a=20
significant number of lawful sales to &#8216;responsible' buyers by =
&#8216;responsible'=20
Federal firearms licensees...." The ruling also concluded that the =
suit's demand=20
that manufacturers investigate Federal firearms licensees for possible =
illegal=20
activity was "neither feasible nor appropriate," noting that "the =
plaintiffs'=20
own law enforcement experts agreed that the manufacturers should not =
make any=20
attempt to investigate illegal gun trafficking on their own since such =
attempts=20
could disrupt pending criminal investigations and endanger the lives of=20
undercover officers."=20
<P>"We are extremely gratified by today's ruling because the Court =
recognized=20
that by complying with the extensive statutory and regulatory scheme =
established=20
by Congress and administered by the <B>Bureau of Alcohol, Tobacco and=20
Firearms</B> (BATF) federally licensed firearms manufacturers distribute =
and=20
sell their lawful products in a safe and responsible manner and help to =
keep=20
firearms out of the hands of criminals," said <B>Robert T. Delfay</B>, =
president=20
and chief executive officer of the <B>National Shooting Sports =
Foundation,=20
Inc.</B>, the trade association for the firearms industry. "We have long =

supported law enforcement's efforts to combat illegal firearms =
trafficking and=20
cooperate whenever and however we are asked to do so, but, obviously, =
recognize=20
that we have no law enforcement authority and should not do things that=20
jeopardize those efforts or put law enforcement officers in danger," =
added=20
Delfay.=20
<P>This is just the latest judicial rejection of reckless lawsuits =
against gun=20
makers. Courts across the country have been throwing out similar =
cases&#8212;including=20
some filed by a cabal of anti-gun big-city mayors&#8212;and this tactic =
is also being=20
rejected by state legislatures. Just last week, <B>Indiana</B> became =
the 25th=20
state to enact a law that prohibits municipalities from filing these =
suits, and=20
<B>Florida</B> (see "A Look At The States") is poised to put us over the =

half-way point. There is also NRA-backed federal legislation that calls =
for a=20
national prohibition on reckless lawsuits against the firearm =
industry&#8212;<B>H.R.=20
123</B>&#8212;introduced by <B>U.S. Representative</B> (and NRA =
Director) <B>Bob=20
Barr</B> (R-Ga.). As the courts and legislatures continue to reject this =

extortion effort by the anti-gun community, we will continue to keep you =

updated.=20
<CENTER><B>
<P>URGE YOUR SENATORS TO OPPOSE S. 767</CENTER></B>
<P><B>U.S. Senator Jack Reed</B> (D-R.I.) has introduced <B>S.767</B>, =
his=20
version of the legislation once pushed by former <B>U.S. Senator Frank=20
Lautenberg</B> (D-N.J.) that sought to end gun shows as we know them =
today. We=20
also expect <B>U.S. Senators John McCain</B> (R-Ariz.) and <B>Joseph=20
Lieberman</B> (D-Conn.) to introduce their "compromise" gun show =
legislation=20
very soon. And as the Senate has taken up the issue of education reform, =
we=20
anticipate that Reed and fellow gun-ban extremists such as <B>U.S. =
Senators=20
Dianne Feinstein</B> (D-Calif.) and <B>Chuck Schumer</B> (D-N.Y.) will =
be=20
working with anti-gun organizations to attach Reed's assault on gun =
shows, as=20
well as other anti-gun amendments with no relevance to education reform, =
to any=20
education legislation brought up for consideration. <I><U>Contact your =
U.S.=20
Senators and urge them to oppose the attack on gun shows, as well as any =
other=20
anti-gun effort. You can reach your U.S. Senators by calling the U.S. =
Senate=20
switchboard at (202) 224-3121. Just ask for your lawmaker's office, or =
give the=20
operator your zip code. Also, for those on the Internet, you can find =
contact=20
information for your federal lawmakers by using the "Write Your Reps" =
tool at=20
www.NRAILA.org.</I></U>=20
<P><B>
<CENTER>ANTI-GUNNERS<BR>AND THEIR BRUSHES WITH THE LAW</B></CENTER>
<P>It seems that anti-gun extremists are having all sorts of trouble =
with the=20
law. Last week we told you about the conviction of <B>Robert =
Brennan</B>. This=20
week it's two noted anti-gun U.S. Senators. The April 23 edition of =
<I><B>Roll=20
Call</I></B> revealed that, according to a <B>Federal Election =
Commission</B>=20
(FEC) audit, <B>U.S. Senator Chuck Schumer's</B> (D-N.Y.) 1998 Senate =
campaign=20
failed to properly handle its finances. Schumer's spokespeople shrugged =
off the=20
FEC report, admitting there were errors, but claiming they were quickly=20
corrected. Another anti-gun U.S. Senator, <B>Robert Torricelli</B> =
(D-N.J.), is=20
facing an embarrassing investigation of his own. Torricelli has been =
accused of=20
accepting tens of thousands of dollars in unreported gifts, an =
allegation first=20
revealed by the <B><I>New York Times</B></I>. Apparently the anti-gun =
community=20
is simply numerically-challenged. After all, the so-called =
"<B>Million</B>"=20
<B>Mom March</B> didn't have anywhere near a million moms at last year's =

"march"&#8212;the One Hundred-Thousand-or-so Mom March would have been a =
far more=20
accurate name&#8212;and <B>HCI President Michael Barnes</B> =
intentionally misled=20
Congress earlier this year when his testimony implied that 11 children =
die every=20
day from firearm-related accidents&#8212;in fact, there was a total of =
121=20
firearm-related accidents involving children in all of 1998!=20
<P><B>
<CENTER>C-SPAN 2 WILL AIR COLUMBIA<BR>COLLEGE CONSERVATIVE CLUB=20
PANEL</B></CENTER>
<P>On April 18, the <B>Columbia College Conservative Club</B> hosted a =
panel of=20
noted researchers and scholars to discuss the controversial book =
"<B>Arming=20
America</B>" by <B>Michael Bellesiles</B>. This event was organized to =
offer a=20
different perspective to the ceremony held the same day where Bellesiles =
was=20
awarded the <B>Bancroft Award</B> by Columbia University. The panel =
included=20
<B>Yale</B> professor <B>John Lott</B>&#8212;author of "<B>More Guns, =
Less Crime:=20
Understanding Crime and Gun Control Laws</B>"&#8212;<B>Clayton =
Cramer</B>&#8212;author of=20
several historical books, including "<B>For the Defense of Themselves =
and the=20
State: The Original Intent and Judicial Interpretation of the Right to =
Keep and=20
Bear Arms</B>"&#8212;and attorney <B>Stephen Halbrook</B>&#8212;who =
successfully argued=20
against the constitutionality of the <B>Brady Act</B> before the =
<B>Supreme=20
Court of the United States</B>. <B>C-SPAN 2</B> is scheduled to air the =
award=20
ceremony, followed by the panel discussion, this <B>Sunday, April 29, at =
8:50=20
p.m. EST</B>.=20
<P><B>
<CENTER>A LOOK AT THE STATES</B></CENTER>
<P><B>CALIFORNIA</B>=20
<P>After moving <B>Assembly Bill 35</B> (Shelley), the <B>"English Only" =
Handgun=20
Licensing Bill</B>, off of last Wednesday's schedule due to pressure =
created by=20
your phone calls, faxes, and e-mail, the <B>Assembly's Appropriations=20
Committee</B> has rescheduled a hearing for <B>Wednesday, May 2</B> (for =
bill=20
details see FAX Alert Vol. 8, No.16, 4/20/01). <I><U>Please keep the =
pressure on=20
by continuing to contact the members of the Appropriations Committee =
prior to=20
the May 2 hearing and urging them to oppose AB 35. For a complete =
listing of=20
Committee members and contact information, use the "Write Your Reps" =
tool at=20
NRAILA.org, or call NRA-ILA Grassroots at 800-392-8683.</I></U>=20
<P><B>COLORADO</B>=20
<P><B>SB 225</B>, which seeks to ban the purchase of handguns by those =
18-21=20
without parental consent, will be considered by the full Senate next=20
<B>Monday</B>. Contrary to statements by the bill's sponsors, =
<B>Governor Bill=20
Owens</B> (R) <B><I>DOES NOT</B></I> support SB 225 and has said so =
publicly.=20
<I><U>Please contact your State Senators at (303) 866-2316 and urge them =
to=20
oppose SB 225. Also, please call <B>Senators Jim Dyer</B> (303) =
866-4884,=20
<B>Alice Nichol</B> (303) 866-4865, <B>John Evans</B> (303) 866-4881 and =

<B>Norma Anderson</B> (303) 866-4859 and thank them for continuing to =
oppose SB=20
225.</I></U>=20
<P><B>FLORIDA</B>=20
<P><B>SB 412</B>, a bill that seeks to protect firearm manufacturers =
from=20
reckless, politically-motivated lawsuits aimed at bankrupting them, =
passed the=20
full House on a 78-35 vote. The bill now goes to <B>Governor Jeb =
Bush's</B> (R)=20
desk. <I><U>Contact your lawmakers by phone or e-mail to thank them for=20
supporting SB 412.</I></U>=20
<P><B>IOWA</B>=20
<P><B>SF488</B>, a bill that sought to ban all private firearms =
transfers unless=20
they went through an FFL, is now dead for the year. Thank you to all =
members who=20
made calls to their lawmakers.=20
<P><B>NORTH CAROLINA</B>=20
<P><B>House Bill 622</B>, a bill that seeks to prohibit municipalities =
from=20
filing reckless lawsuits against gun makers, passed the House by a vote =
of=20
101-16. Also, <B>HB 320</B>, a bill that sought to hold adults =
criminally=20
responsible if any minor gains access to a firearm and injures or kills =
another=20
person, and mandate storage requirements, was defeated by the full House =
on an=20
83-33 vote.=20
<P><B>OREGON</B>=20
<P><B>Republican State Senators</B> have held firm against a number of =
attempts=20
over the past week to add gun control language to crime- or =
education-related=20
bills in the <B>Oregon Senate</B>. <I><U>Contact these Republican =
Senators on=20
Monday to thank them for their support, and urge them to resist any =
further=20
attempts to advance gun-control advocates' agenda in this manner. For a =
list of=20
Republican State Senators and their capitol phone numbers, visit=20
www.leg.state.or.us.</I></U>=20
<P><B>TEXAS</B>=20
<P><B>HB 367</B>, a bill making it a FELONY for anyone other than an FFL =
to=20
trade or sell a firearm at a gun show, has still not been set for a vote =
by the=20
full Texas House. <I><U>Continue calling your State Representative at =
(512)=20
463-4630 and urge him to oppose HB 367 if and when it's scheduled for a=20
vote.</I></U>=20
<HR noShade>

<CENTER>
<P><FONT size=3D-2>Having difficulty finding ILA-related info? Try our =
<A=20
href=3D"http://www.nraila.org/show.cgi?page=3D/grassroots/19990813-Genera=
lInfo-015.html">FAQ=20
Sheet</A>=20
<P>NRAILA.org is maintained for the NRA by <BR></FONT><A=20
href=3D"http://www.mainstream.net/"><FONT size=3D-2>Mainstream =
Electronic=20
Information Services </FONT></A><FONT size=3D-2>
<P><FONT size=3D-2>Homepage established 1994 by the NRA Institute for =
Legislative=20
Action <BR>11250 Waples Mill Road, Fairfax, VA 22030 </FONT></P>
<P>&nbsp;</P></CENTER></FONT></FONT></DIV></BODY></HTML>

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