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Ambulance Chasing After "Assault Weapons"

Friday, March 19, 2004

The Brady Campaign to Prevent Gun Violence has found a new target for its frivolous lawsuits--the United States Justice Department. The Brady Campaign claims the Clinton gun ban is being violated because manufacturers are being allowed by the government (under terms established during the Clinton administration) to replace receivers on pre-ban produced "grandfathered" guns. The law however does not prohibit the manufacturing of receivers or replacement receivers for grandfathered firearms.

Under the Brady Campaign`s reasoning, it would be illegal to build a compliant post-ban semi-automatic firearm if it is built on a receiver manufactured after the ban, that could be configured as an "assault weapon." It is the accessories attached to the receiver as a finished gun (a concept legally different from "firearm") that determines what is an "assault weapon," not the receiver standing alone. While federal law defines a receiver as a "firearm" for the application of federal law, an "assault weapon" is more than just a "firearm."

This frivolous lawsuit highlights one of the numerous reasons the Clinton gun ban makes no sense--receivers on post-ban and pre-ban guns are exactly the same. The prohibited firearms were banned because of how they look, not how they function.

The lawsuit is about chasing headlines, not enforcing the nation`s laws, and the taxpayer gets to foot the bills.

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Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.