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Grassroots Alert: Vol. 8, No. 44 11/2/2001

CLINTON APPOINTEE IGNORES
<align=center>THE FACTS—INITIATES BB GUN RECALL

On Tuesday, outgoing Consumer Product Safety Commission (CPSC) Chairman Ann Brown, a Clinton appointee who has bragged to the Washington Post that she "like[s] to be on TV," orchestrated a 2-1 vote by the CPSC to initiate a mandatory recall process for certain Daisy Powerline BB guns. The vote came two days before Chairman Brown`s resignation became effective, and was immediately followed by a press conference featuring Brown and a victim of the alleged design defects.

Dissenting Commissioner Mary Sheila Gall issued a lengthy statement in opposition to the action. Gall, who was nominated earlier this year by President Bush to succeed Brown but was defeated on a party-line vote orchestrated by U.S. Senator Hillary Clinton (D-N.Y.), noted a variety of procedural irregularities, inadequate information provided by CPSC staff, outrageous statements given as "fact" (such as the allegation that a .177 caliber BB at 350 feet per second is more "powerful" than a .38 Spl.), and that ridiculously unsafe behavior contributed to some of the alleged accidents. Most importantly, Commissioner Gall noted that these and related issues have been examined up to a dozen times by CPSC since 1975, and in each case CPSC has found the BB guns to be non-defective.

The greatest threat posed by this action is that the arguments used to portray the BB guns as "defective" could be used against a variety of cartridge firearms in current or prospective litigation. In fact, Amy Stilwell, a gun-ban lobby spokesman, commented to Reuters on the CPSC decision, stating, "We have made no secret that we think there ought to be consumer oversight of guns.... BB guns could be a step in the right direction."

At this point, the complaint against Daisy is in the hands of an administrative law judge, who could take anywhere from six months to a few years to conduct an investigation before recommending or denying a recall. Should the judge agree with the CPSC, then Daisy could appeal back to the full commission for a final vote. NRA-ILA will continue to follow this case very closely, and we thank everyone who responded to last week`s call to contact the CPSC to oppose this politically-motivated recall that shows utter disregard for the facts.

AGS PUBLICLY CONFIRMS
<align=center>ITS TARGET IS NOT JUST GUN SHOWS

The anti-gun organization Americans for Gun Safety (AGS) continues desperately to try to fool the American public into believing it is something other than another anti-gun lobby, but its actions and words continue to expose the truth. On Wednesday, AGS Director of Public Affairs Matthew Bennett—a former White House staffer under Bill Clinton—and NRA-ILA Executive Director James Jay Baker took part in an online discussion regarding the "debate on guns in America," and during this discussion, Bennett exposed, perhaps accidentally, one of AGS`s true goals. He revealed that AGS will not be satisfied if it merely succeeds with its current attacks on gun shows, and he stated one of the group`s ultimate goals is to require a background check on every transfer of every firearm—even if the transfer takes place in your living room and involves a sale to your next-door neighbor or a gift to your son.

While Bennett attempted to regurgitate the tired AGS mantra that it is a "new type of organization...a centrist, moderate" organization, he resorted to the same type of extremist rhetoric parroted by other anti-gun groups. The AGS representative continued to shamelessly exploit the terrorist acts of September 11 to promote his organization`s anti-gun agenda, but he took this appalling tactic even further. Bennett actually implied that anyone who opposes the AGS attack on gun shows supports allowing criminals and terrorists legal access to firearms. He also made the wild claim that U.S. Representative Dennis Moore (D-Kan.) is pro-gun, although Moore received an "F" rating from NRA in 2000, along with thousands of dollars from HCI`s PAC during the same election cycle. Hardly pro-gun credentials.

ILA`s Baker closed the discussion by pointing out, "AGS is a pet project of a former member of the Board of Handgun Control (Internet billionaire Andrew McKelvey) and is staffed by former members of the most anti-gun administration in American history. AGS has no membership, has no instructors, has no safety programs, and presents a false front to the American people about its true agenda. We would hope that AGS eventually will admit its aspirations and at that time we will be happy to debate the issues on their merits, based on fact and not subterfuge."

If you would like to review the transcripts of this online discussion, which was hosted by The Hill, just go to http://www.thehill.com/forum/103101/.

ELECTION DAY IN NEW JERSEY & VIRGINIA!

Next Tuesday, November 6, is Election Day in New Jersey and Virginia, and NRA encourages its members in these states to go to the polls and exercise their right to vote. Please be sure to review the Political Preference Chart (PPC) included in the November issue of your NRA magazine, as well as recent election mailings, so that you know which candidates will work to defend our Right to Keep and Bear Arms. In addition, there are many campaigns that will need last-minute help right up until the polls close. All NRA members who are interested in helping to elect pro-gun lawmakers to office should contact the Election Volunteer Coordinator (EVC) for their area. EVCs are NRA members who have volunteered to help staff the campaigns of pro-gun lawmakers with volunteers. You will find contact information for EVCs on the last page of the PPC in your NRA magazine, and at NRAILA.org.

CO-SPONSORS NEEDED
<align=center>FOR RECKLESS LAWSUIT PREEMPTION BILL

Although the courts continue to throw out the reckless lawsuits designed to bankrupt law-abiding firearms manufacturers, the threat of these suits remains extremely high. And while 27 states have passed lawsuit preemption laws that prohibit such irresponsible action, we need to extend this common-sense reform at the federal level. H.R. 2037, introduced by U.S. Representatives Cliff Stearns (R-Fla.) and Chris John (D-La.), seeks to protect our Second Amendment rights by preventing firearms and ammunition manufacturers from being sued for the criminal misuse of their lawful products by third parties by creating a federal protection for manufacturers and sellers in the firearms and ammunition industry from court-imposed restrictions on interstate or foreign commerce.

While this bill already has strong bipartisan support—173 co-sponsors to date—we need to add to that list. If your U.S. Representative has not yet signed on as a co-sponsor for this much-needed legislation, he needs to hear from you today! To find out if your Representative is a co-sponsor, go to the Library of Congress website, then use the "Search" feature at the top of the page to find information on H.R. 2037. For those not on the Internet, you can call NRA-ILA Grassroots at (800) 392-8683. If your Representative is not a co-sponsor, you can contact him by calling the U.S. House of Representatives` main switchboard at (202) 225-3121, then asking to be transferred to your Representative`s office. For additional contact information, please use our "Write Your Reps" tool. Be sure to encourage your family, friends, and fellow firearm owners to contact their Representatives as well and encourage them to co-sponsor H.R. 2037!

FLORIDA SUPREME COURT
<align=center>REJECTS RECKLESS LAWSUIT

Anti-gun extremists were recently dealt yet another devastating blow to their reckless lawsuit agenda. On October 24, the Florida State Supreme Court issued a refusal to hear an appeal of the reckless lawsuit championed by anti-gun Miami-Dade Mayor Alex Penelas (D). The Penelas suit was originally rejected in 1999 by Circuit Judge Amy Dean, who stated the county "lacks standing" to sue gun makers on behalf of shooting victims. The Supreme Court`s decision not to hear the appeal means Penelas has run out of options for abusing the legal system to promote his anti-gun agenda, unless he chooses to waste more taxpayer funds by appealing to the U.S. Supreme Court, which has already rejected a similar appeal by New Orleans` anti-gun Mayor Marc Morial (D).

While it is not surprising the anti-gun community has been very quiet regarding this crushing setback to its gun-ban agenda, the mainstream media have also been strangely mute. Perhaps the regularity with which courts have been rejecting these reckless lawsuits has led to the media considering them no longer newsworthy. Or maybe those in the media who support attacks on our Right to Keep and Bear Arms are simply tired of reporting demoralizing defeats to the agenda they support.

SECOND AMENDMENT LECTURE

In Fairfax, Va., George Mason University`s annual Finley Lecture Series will be held on November 12, 2001, and the focus of this year`s series is the Second Amendment. The event will begin at 3:30 p.m. in the Johnson Center`s Multipurpose Room at George Mason, and the first two lectures will be given by Akil Amar of Yale University and Saul Cornell of Ohio State University. After a break that will include refreshments, the event will continue at 8:00 p.m., in the Harris Theater. NRA Second Vice President Sandra Froman will then speak, followed by Michael Barnes, President and CEO of the gun-ban lobby formerly known as HCI. This event is free, and NRA members are encouraged to attend. If you have any questions, please call (703) 993-1250.

A LOOK AT THE STATES

NEW MEXICO

On Tuesday, November 6, voters in the City of Las Cruces are encouraged to Vote NO on Question 2, a non-binding referendum on whether the city should opt-out of the state`s new Right to Carry law. Polls will be open from 7:00 a.m. to 7:00 p.m. If you don`t live in Las Cruces, please encourage any friends, family members, or fellow gun owners you know who do live there to vote on Tuesday!

NEW YORK

On Election Day, Tuesday, November 6, the NRA strongly urges New York City NRA members to vote NO on Question 2, which proposes changes to the New York City Charter. Question 2 seeks to create the city`s own "Gun Free School Safety Zones." While it does provide for certain exceptions and affirmative defenses, these so-called "safety zones" are entirely unnecessary, as this is already state and federal law. Question 2 would also prohibit individuals under 21 from purchasing or possessing any firearm, even rifles and shotguns. Not only are persons aged 18 to 20 viewed as adults under our legal system, but they are taxpayers, voters, and many of them are the very same courageous servicemen who are at this very moment putting their lives on the line to protect our country. Please encourage family, friends, and fellow gun owners to head to the polls on Tuesday, November 6, and vote NO on Question 2!

WISCONSIN

The Wisconsin General Assembly passed AB 529 on November 1, by an 87-10 vote. This bill allows retired peace officers to carry concealed firearms for personal protection. Please thank those Assemblymen who voted to pass this reform, and urge your Senator to support the bill when it comes up in the Senate. You can reach your Senator by calling (608) 255-1501.

NRA ILA

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.