BASELESS LAWSUIT AIMED AT RUGER DISMISSED WITH PREJUDICE
Fast on the heels of the Senate`s failure to pass a "clean" version of S. 1805--the Protection of Lawful Commerce in Arms Act--comes another example of why legislation to protect the firearm industry is so vital.
On March 10, a trial court dismissed with prejudice the entire lawsuit filed against Sturm, Ruger & Company, and other members of the lawful U.S. firearms industry, by the city of Newark, New Jersey.
In a press release on Monday, Ruger said the court dismissed the case because the City of Newark failed to meet any of the requirements of a prior court order. The plaintiffs would have had to fulfill these requirements in order to file an application to reinstate the complaint before a court-imposed March 1, 2004, deadline.
Commenting on the decision, Ruger President Stephen L. Sanetti said, "While we are pleased to obtain yet another dismissal of these baseless and costly municipal lawsuits, their only genuine resolution will be the enactment of federal preemptive legislation to prevent the filing of such lawsuits arising out of the criminal misuse of lawfully sold, non-defective products.
Clearly, such legislation has widespread bipartisan popular support, and likely would have passed the U.S. Senate recently but for being loaded down with amendments that have nothing to do with its merits. On behalf of the many thousands of workers in this vital American manufacturing base, the many millions of our customers who use our products honorably and responsibly, and the taxpayers of our cities who should not be burdened with the costs of ill-advised political lawsuits, we urge the reconsideration and prompt enactment of the Protection of Lawful Commerce in Arms Act."
Because the case was dismissed with prejudice, Newark won`t be allowed to file the lawsuit again.
Despite this victory, if these suits are allowed to continue unabated, the costs associated with defending itself--now estimated at $150 million--will eventually bankrupt the industry, and thus preclude you from purchasing the means to exercise your Second Amendment rights. That is why NRA-ILA remains committed to enacting a federal lawsuit preemption law--a law that does not in any way compromise our Second Amendment rights.
AMBULANCE CHASING AFTER "ASSAULT WEAPONS"
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.
A LOOK AT THE STATES
ARIZONA
HB 2648, the bill that includes Arizona as one of the over 30 states that allow the carrying of self-defense firearms into restaurants that serve alcohol, passed the full House this week by a vote of 36-21. It is now headed to the Senate. Please call your Senator and ask him to support your right to self-defense by voting for HB 2648.
HAWAII
Senate Bill 2170 has passed to the House and is awaiting hearing in two committees. SB 2170 would PROHIBIT the sale of ammunition unless the purchaser can prove the firearm for which the ammunition is being purchased is registered. This will require retroactive registration of all long-guns in Hawaii and necessitate the creation of a new bureaucracy to track ammunition sales. The federal government many years ago dropped its requirement that ammunition sales be recorded because it was not an effective crime-prevention tool. It is important for you to contact your Representative and committee members to urge their opposition to this misdirected legislation. You can find contact information for your Legislator by using the "Write Your Representatives" feature at www.NRAILA.org.
ILLINOIS
Next week, the House and Senate will be back in session, and several firearm-related bills could be brought up for discussion. In the Senate, SB 2165 and SB 2386 (both supported by NRA) address the problem highlighted by the outrageous prosecution of Hale DeMar--the man in Wilmette who was forced to use a handgun to defend himself and his family against a convicted criminal who had broken into his home for the second time in as many nights. SB 2165, introduced by Senator Edward Petka (R-42), would establish an affirmative defense for a gun owner if he uses a firearm prohibited by local ordinance in the defense of himself or others. SB 2386, introduced by Senator George Shadid (D-46), would prohibit any civil suit against a gun owner who uses a firearm to defend himself or others. HB 4075 (NRA supported), introduced by Representative John Bradley (D-117), is the House version of SB 2165. Also in the House, HB 3989 (NRA supported), introduced by Representative Brandon Phelps (D-118), would lower from 21 years to 18 years the age at which a person may apply for and be issued a Firearm Owner`s Identification (FOID) Card without the consent of a parent or legal guardian. Finally, we have learned that Governor Rod Blagojevich (D) and Chicago Mayor Richard Daley (D) are teaming up to establish a new gun owner registration database in Illinois. This move by Blagojevich and Daley is intended to circumvent a federal law that requires law enforcement agencies to destroy approved gun purchase records within 24 hours. If this proposal becomes law, then you and all your guns will be registered in a government computer that can be accessed by virtually anyone. Thus, your gun inventory, along with your name, address, and phone number, will be available to government agents, reporters, crooks, and anti-gun extremists. There is no bill number yet for this assault on our freedoms and privacy, but we suspect that the bill will be introduced in the House soon. Please call your state legislators and respectfully urge them to support the NRA-backed bills, and oppose any efforts to establish a gun owner registration database. You can find contact information for your state legislators by using the "Write Your Representatives" tool at www.NRAILA.org. Also, the Illinois State Rifle Association (ISRA)--the state affiliate of your NRA--is sponsoring a "Lobby Day" next week. "Lobby Day" will be held in Springfield on Wednesday, March 24, in the Stratton Office Building Cafeteria. The Stratton Building is adjacent to the Capitol, and the cafeteria is located in the lower level. Lobby Day will kick off at 8:00 a.m. with a rally and instructions on how to effectively discuss your concerns with your Representatives. In order to ensure the legislature understands the concerns of the pro-gun community in Illinois, it is important that NRA members, as well as their family and friends, turn out in support of ISRA`s "Lobby Day" on Wednesday, March 24. If you have any questions regarding Lobby Day, please feel free to call the ISRA staff at (815) 635-3198.
INDIANA
On March 17, Governor Joe Kernan (D), signed House Bill 1349, a bill that would protect gun owners whose firearms have been stolen from being sued for injuries or deaths resulting from the misuse of those firearms. Please contact Governor Kernan at http://www.in.gov/gov/contact or (317) 232-4567 and thank him for signing this important legislation.
KANSAS
The Senate Federal & State Affairs Committee will vote on HB 2798--the Personal and Family Protection Act--early next week. The bill will then head to the Senate floor for consideration. Please call you Senator and urge him to vote for HB 2798. You can find contact information regarding your Senator by using the "Write Your Representative" feature at www.NRAILA.org.
KENTUCKY
SB 95, the bill that prohibits cities and counties from using their zoning laws to discriminate against gun dealers and manufacturers, will be considered by the House Local Government Committee on March 23. SB 95 requires zoning authorities to allow firearm dealers, importers, and manufacturers to locate anywhere any other business is allowed to locate. Please call your Representative and ask him to end local discrimination against firearm businesses by voting for SB 95.
MARYLAND
On Tuesday, the House of Delegates Judiciary Committee heard numerous gun related bills, including HB 1298, sponsored by Delegate Neil Quinter (D-13), the Maryland "Assault Weapons Ban" of 2004. Many thanks go out to the NRA members who were in attendance and delivered their opinions by way of testimony and their presence. A vote on these bills, including HB 1298, could be scheduled for any day in the near future. Please call your Delegates, especially those on the House Judiciary Committee, and urge a "no" vote on HB 1298. Contact information for your Delegates can be found by using the "Write Your Representatives" feature found at www.NRAILA.org or by calling the General Assembly Information Line at (410) 841-3000.
MISSISSIPPI
This week, the House approved HB 989, the NRA-backed Right-to-Carry reciprocity legislation sponsored by Representative Warner McBride (D-Panola), which requires Mississippi to recognize permits from any state that recognizes Mississippi permits. The Senate also approved SB 2705, the House companion to HB 989, sponsored by Senator Walter Michel (R-Jackson). Each bill now moves to the other chamber for consideration. The Senate also passed SB 2623, legislation creating a specialized NRA license plate and dedicating fees from such plates to the NRA Foundation State Account for Mississippi. That bill now moves to the House for consideration. We`ll keep you posted!
MISSOURI
On March 15, the Senate Judiciary Committee heard Senate Bill 1332. Sponsored by Senator Harold Caskey (D-31), this bill authorizes the sheriff of every county to pay the costs and expenses for activities related to the issuing of handgun carry permits from the sheriff`s revolving fund. This legislation will fix the Right-to-Carry funding problems outlined by the Supreme Court in its recent decision by allowing sheriffs in all counties to issue Right-to-Carry permits. The committee is expected to act on SB 1332 soon. It is vital that you contact the Judiciary Committee members, and your own Senator, and tell them to support SB 1332. The main information number is (573) 751-3824.
NEW YORK
This week, the anti-gun majority in the State Assembly approved several measures that would impact law-abiding gun owners. They include A 3311, which would prohibit the sale of any pistol or revolver not containing a "child proofing" device, and A 4615C, which legislates how gun owners must store their firearms and creates new crimes and penalties. Also approved were A 7039 (same as S 4453), which bans the sale, use, and possession of .50-caliber firearms; A 8456A, which would place many new onerous restrictions and requirements on firearms dealers; and A 8542B, which would expand the current ballistic "identification" program to include rifles and shotguns. All of these measures have gone to the Senate and have been referred to the Codes Committee, with the exception of A 8542B, which was referred to the Senate Finance Committee. Please contact your State Senator and urge him to OPPOSE the proposals listed above. For contact information for your Senator, please use the "Write Your Representatives" feature located at www.NRAILA.org.
TENNESSEE
HB 1710, the bill that includes Tennessee as one of the more than 30 states that allow the carrying of self-defense firearms into establishments that serve alcohol, is being considered by the House Judiciary Constitutional Protections Subcommittee. Please call your State Representative and ask him to support your right to self-defense by voting for HB 1710.
UTAH
Senate Bill 48 was introduced to clarify existing Utah law, which asserts that the right to keep and bear arms is a constitutionally-protected individual right and that there should be uniform laws across the state. SB 48 is needed to ensure that unelected bureaucrats cannot usurp the legislature`s authority on the subject and impose restrictions on law-abiding citizens. There are some concerns that the Governor may not sign the bill. Please contact Governor Walker and respectfully urge her to support and sign SB 48. You can contact the Governor`s office at (801) 538-1000.
WISCONSIN
NRA-ILA is hosting a FREE Grassroots-Election Workshop tomorrow, March 20, from 1:00-3:00 p.m. (registration will be 12:30-1:00 p.m.) The workshop will be held at the Regency Suites, 333 Main St., Green Bay.
