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Ignoring The Law

Monday, December 12, 2005

On Wednesday, October 26, President George W. Bush signed into law the NRA-backed "Protection of Lawful Commerce in Arms Act" (S. 397)--legislation to end politically motivated lawsuits designed to bankrupt law-abiding American firearm manufacturers and retailers.  S. 397 passed both chambers of Congress with broad bipartisan support; in recent years, 33 states have passed similar legislation.

Having lost this extremely significant battle in Congress, the anti-gunners have again taken their show to the courts--and activist judges--in an attempt to circumvent and challenge the new law.

On December 2, anti-gun New York Federal Judge Jack B. Weinstein ruled that New York City's lawsuit against law-abiding firearm manufacturers and retailers could move forward.

"Judge Weinstein's decision was not only predictable, but intellectually dishonest and blatantly biased, given his decade-long track record of aiming to derail the firearms industry," said Lawrence G. Keane, senior vice president and general counsel for the National Shooting Sports Foundation (NSSF), the trade organization for the firearm industry.  "New York City's lawsuit is precisely the type of suit the ‘Protection of Lawful Commerce in Arms Act' was designed to prevent.  During debate in each chamber of Congress, Senator Larry Craig and Representative Cliff Stearns--the sponsors of the bill--both referenced the city's case as a quintessential example of a lawsuit the act would prevent."

Firearm manufacturers named in the suit include:  Beretta U.S.A. Corporation, the Browning Arms Company, Colt Manufacturing Company, Inc., Glock, Inc., and the Smith & Wesson Corporation.

These industry defendants plan to immediately appeal the decision to the Second Circuit Court of Appeals.

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Guide To The Interstate Transportation Of Firearms

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CAUTION: Federal and state firearms laws are subject to frequent change. This summary is not to be considered as legal advice or a restatement of law.

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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.