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Grassroots Alert: Vol. 11, No. 46 11/19/2004

ILLINOIS GENERAL ASSEMBLY AND SUPREME COURT
DELIVER VICTORIES FOR RIGHT TO KEEP AND BEAR ARMS

It was an excellent week for the pro-gun movement in Illinois, as the General Assembly overrode Governor Rod Blagojevich`s (D) veto of pro-gun legislation, and the Supreme Court dismissed Chicago`s reckless lawsuit against gun manufacturers. 

On Tuesday, November 16, the House of Representatives voted 85-30 (71 votes needed) to override Blagojevich`s veto of SB 2165, which followed last week`s successful override vote in the Senate.  SB 2165, which became law shortly after the vote, provides an affirmative defense for a gun owner if he uses a firearm prohibited by local ordinance in defense of himself or others.  This legislation was inspired by the outrageous prosecution of Hale DeMar—a man in Wilmette, Illinois, 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.  Apparently ignoring the will of the General Assembly, the Village of Wilmette has threatened to pass its own ordinance it claims will exempt it from this law, and allow it to continue to persecute citizens who use a handgun in defense of their lives and the lives of their loved ones.  We will follow closely any developments on this front.

Following closely on the heels of this legislative victory, the Illinois Supreme Court delivered a judicial victory on Thursday, November 18, when it dismissed a liability lawsuit filed by the city of Chicago against gun manufacturers.  Stating there is no legal cause to hold manufacturers responsible for the acts of third party criminals, the court told Chicago and anti-gun Mayor Richard Daley (D), in effect, "It`s the criminals, stupid!"  Justice Rita Garmen wrote, "The mere fact that defendants` conduct in their plants, offices, and stores puts guns into the stream of commerce does not state a claim for public nuisance."  She went on to say, "It is the presence and use of the guns within the City of Chicago that constitutes the alleged nuisance, not the activities at the defendants` various places of business."

"Today`s decision affirms the argument we have been making since the beginning of these reckless city lawsuits—product manufacturers are not responsible for the actions of criminals," said NRA-ILA Executive Director Chris W. Cox  "We applaud the Illinois Supreme Court for upholding common sense in the face of politically motivated lawsuits."

Chicago`s lawsuit was just one of many attempts by anti-gun extremists to bankrupt the American firearm industry with predatory, frivolous litigation, with most courts also throwing out such cases.

Cox added, "These lawsuits seek to undermine our country`s long-standing heritage of firearms ownership. The highest court in Illinois has ruled decisively.  Now perhaps Mayor Daley and other big-city politicians can concentrate on the real solution to lower crime—getting criminals off the streets so they no longer pose a threat to our families and businesses."

Lawrence G. Keane, senior vice president and general counsel for the National Shooting Sports Foundation, the firearm industry`s trade association, said of the ruling, "Today`s decision is the latest in a long list of appellate court decisions that have rejected politically motivated ‘junk` lawsuits that have tried to blame the makers of well-made, lawfully sold firearms for the actions of criminals."

HELP US HELP YOU

In an ongoing effort to better serve you, the NRA-ILA Grassroots Division is exploring the possibility of changing the transmission day and/or time of the NRA-ILA Grassroots Alert.  Since its inception, the Alert has been transmitted on Friday evenings at the close of the business day.

To ensure as many recipients as possible read the important information contained in the Grassroots Alert, we are asking for your input on whether we should change the day it is sent.

To that end, we are asking you please take a moment to let us know which day of the week you typically read the NRA-ILA Grassroots Alert (again, transmission is done at the end of the business day) by filling out a very short survey.  To do so, please visit http://www.nraila.org/grassroots/surveys/GrassRootsAlerts.aspx, then proceed with the short survey.  That`s it!

Your responses will influence our decision on whether to continue to send the Alert on Fridays, or to modify the delivery schedule to comport with the wishes of our subscribers.

Thank you in advance for your cooperation in helping us to better serve you!

TIME IS OF THE ESSENCE!

Once again this year`s elections proved that good and accurate information is critical to success.  But information can only be put to good use if it is received in a timely manner.  Our campaign to ensure readers of the Grassroots Alert switch from receiving the newsletter by fax to e-mail is paying off!  However, we still have thousands of Grassroots Alert recipients who receive the weekly Alert via fax.  If you have an e-mail address, but you still receive the NRA-ILA Grassroots Alert every Friday via fax, we encourage you to switch over to our e-mail system.  We can send e-mail instantly, at virtually no cost, while each fax incurs the cost of a long distance call, not to mention your cost in paper.  E-mail also allows you more flexibility in relaying our information to others whom you know, but who aren`t on our e-mail list.  If you would like to switch to e-mail delivery, just go to www.NRAILA.org, then follow the instructions through the link called "Sign Up For E-mail."  Once you start receiving the Alert via e-mail, please call the Grassroots Division at (800) 392-8683, and let us know so we can take you off the fax system.

A LOOK AT THE STATES

NEW JERSEY
This week, an appeals court unanimously ruled against Bradley Campbell, the commissioner of New Jersey`s Department of Environmental Protection.  The court stated that Campbell exceeded his authority when he ordered the Division of Fish & Wildlife to deny permits, and close all land controlled by his department to bear hunting.  Previously, the Fish & Game Council voted to hold the hunt, noting the state`s biologist determined that the bear population could sustain a hunt.  Campbell was ordered to grant or deny the 3,500 hunting license applications by December 2.  The Sierra Club and other anti-hunting organizations plan on asking Acting Governor Richard Codey (D) to ban the hunt by an executive order.

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.