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Grassroots Alert: Vol. 12, No. 16 4/22/2005

WRAP-UP FROM HOUSTON

The  134th NRA Annual Meetings & Exhibits in Houston, Tex.. were a tremendous success, as more than 59,000 NRA members took part in this annual gathering.  With more than five acres of guns and gear on display, the George R. Brown Convention Center was swarming with pro-Second Amendment enthusiasts checking out the latest wares of the firearm and sporting industries.

As noted in last week`s Grassroots Alert, the 150 NRA members who partook in Friday`s NRA-ILA Grassroots Workshop were a precursor of things to come, as virtually every area of the meeting saw increases, including membership recruitment and fundraising.  Members passing through the ILA booth sent more than 1,000 e-mail messages to their legislators from the on-site computers and ILA`s Grassroots Division recruited more than 100 new FrontLines™ volunteers as well!

On Monday, April 18, NRA`s Board of Directors elected its officers-Sandra Froman (President), John Sigler (First Vice President), Ronald Schmeits (Second Vice President), Jim Land (Secretary), and Wilson Phillips (Treasurer).  Wayne LaPierre was once again chosen as NRA`s Executive Vice President, and he in turn reappointed Chris Cox as NRA-ILA`s Executive Director and Craig Sandler as NRA Executive Director of General Operations.

Outgoing President Kayne B. Robinson was recognized for "fighting for conservative principles and individual liberty" by the Republican Study Committee (RSC).  North Carolina Representative Patrick T. McHenry (R-10), presented a plaque to Mr. Robinson on behalf of the 100-member RSC.

Newly elected Board Members include well-known actor and Second Amendment proponent Tom Selleck, former U.S. Senator Zell Miller (D), and former Virginia Governor and former Republican National Committee chairman James S. Gilmore III (R).

Of course, far more occurred in Houston than we could possibly report here, so please look for a more detailed account of events in an upcoming issue of your NRA magazine.

We hope we will see you at next year`s Annual Meeting in Milwaukee, Wisconsin!

D.C. LIABILITY SUIT UNDERSCORES NEED FOR
RECKLESS LAWSUIT PREEMPTION LEGISLATION

As we`ve lately reported in the Grassroots Alert, "The Protection of Lawful Commerce in Arms Act" was recently introduced in Congress as S. 397 in the U.S. Senate, and H.R. 800 in the U.S. House.  This NRA-backed lawsuit preemption legislation protects law-abiding firearm manufacturers from reckless, predatory lawsuits.

Yet another example of the pressing need to pass such legislation surfaced this week as the District of Columbia Court of Appeals yesterday ruled that firearm manufacturers can be sued for shootings in the District under a "strict liability statute."

The judges, however, rejected the broad assertion of the D.C. government and a group of residents who maintained that they should be able to sue manufacturers and dealers for creating a public nuisance and negligence.

D.C. Superior Court Judge Cheryl M. Long dismissed the entire case in December 2002, leading to the appeal.  In addition to rejecting the nuisance and negligence claims, Justice Long found that the strict liability law was unconstitutional.  In her decision, Justice Long indicated the case never stood a chance of passing legal muster, writing, "This is not a close question."  She also said the case was "burdened with many layers of legal deficiencies," and that the D.C. government went beyond the scope of nuisance and other laws.

Last year, a three-judge panel with the D.C. Court of Appeals upheld Long`s ruling, once again dismissing the nuisance and negligence claims, but allowing the city to pursue the case under the strict liability statute.

With this ruling, the court has once again thrown out the traditional role of "liability."   With the introduction of "absolute liability," a defendant is essentially stripped of almost any defense.  While the Court took a positive step in affirming that firearm manufacturers are not responsible for the criminal misuse of firearms due to (in this case) "negligence" and "public nuisance," the case represents yet another blatant example of the need to pass a comprehensive federal lawsuit protection bill.

It is imperative that you continue to contact your U.S. Senators and your U.S. Representative and ask them to cosponsor and support S.397 and H.R. 800--without any anti-gun amendments--and put a halt to these reckless lawsuits once and for all.  Again, please be sure to let them know that you consider any votes in support of anti-gun amendments to this legislation as votes against the bill itself.

To access the most up-to-date information on this issue, please go to the "Stop Reckless Lawsuits Against the Firearm Industry" heading at, www.NRAILA.org.

NEW NRA PRESIDENT SCHEDULED TO APPEAR
ON NEWS PROGRAM TONIGHT AS "PERSON OF THE WEEK"

The NRA`s new President, Sandra S. Froman, is expected to be featured as "The Person of the Week" on this evening`s broadcast of ABC`s World News Tonight news program.

Please check your local listings for the scheduled air time in your region and plan to watch this segment which appears toward the end of the program.

"HARLON B. CARTER LEGISLATIVE ACHIEVEMENT AWARD"
PRESENTED TO ZELL MILLER

One of the highlights of NRA`s 2005 Annual Meetings was a presentation by NRA-ILA Executive Director Chris W. Cox of the Harlon B. Carter Legislative Achievement Award (the highest honor conferred by NRA-ILA) to newly elected Board Member and former U.S. Senator Zell Miller (D).

Established in 1992, the Harlon B. Carter Legislative Achievement Award is a tribute to Carter`s lifetime of service to NRA`s membership in defense of the Second Amendment.

And Zell Miller is certainly a deserving recipient of this award.  As Cox noted, a young Zell Miller "served his country in the Marine Corps, and has been serving his fellow citizens at virtually every level of government ever since.  He has been a Mayor, a State Senator, a Lieutenant Governor, a Governor, and a U.S. Senator."

As Governor, Miller signed preemption legislation abolishing a 15-day waiting period and eliminating local firearms laws to ensure that the rights of all citizens were protected equally.  He also signed legislation protecting shooting ranges and establishing Eddie Eagle™ Gun Safety Week.

As a United States Senator, he stood up time and again for gun owners even as many of the leaders of his party abandoned the Second Amendment.

As keynote speaker at NRA`s 2002 Annual Meetings, he said "Whenever I hear politicians talking about gun control, it makes me wonder if they understand my values or my way of life."

Clearly, Zell Miller is a worthy beneficiary of the award and we congratulate him on receiving this great honor!

A LOOK AT THE STATES

(****For all of the action items below, you can find contact information for your legislators by using the "Write Your Representatives" tool at www.NRAILA.org****)

ARIZONA
This week, SB 1363, legislation allowing law-abiding citizens to carry self-defense firearms into restaurants and other establishments that sell alcohol, passed the Senate by a vote of 17-12.  This legislation prohibits a citizen who is carrying a firearm in these establishments from consuming alcohol.  It also allows property owners to post a notice prohibiting firearms in their establishments.  SB 1363 is now headed to Governor Janet Napolitano (D) for her consideration. It is essential that the Governor hear from law-abiding gun owners like you. Please call the Governor`s Office today at (602) 542-4331 or e-mail her at [email protected], and respectfully request that she sign SB 1363 into law. 

CALIFORNIA
AB 352 is on the Assembly floor and could be heard at any time.  AB 352 expands the definition of "unsafe handguns" to include semiautomatic pistols that are not designed and equipped with a microscopic array of characters which identify the make, model, and serial number of the pistol, etched into the interior surface or internal working parts, and which are then transferred by imprinting on each cartridge case when the firearm is fired.  Please contact members of the Assembly at (916) 319-2800 and ask them to oppose AB 352.  AB 1002 prohibits the possession of any ammunition, including bullets and shot, other than non-lead ammunition when hunting within the known or likely range of the California condor.  A commission would be established to determine all hunting areas within the state and to certify what qualifies as non-lead ammunition.  AB 1002 is scheduled to be heard in the Assembly Water, Parks & Wildlife Water Committee on April 26.  Please contact members of the committee at (916) 319-2096 and urge them to oppose AB 1002.  SB 357 would establish a program requiring serialization of handgun ammunition to be enforced by the Department of Justice.  The manufacture, transfer, and possession, of non-serialized handgun ammunition after July 1, 2007 would be considered a crime.  SB 357 would also require ammunition vendors and manufacturers to register with the Department of Justice.  SB 357 is scheduled to be heard in the Senate Public Safety Committee on April 26.  Please contact members of the committee at (916) 322-1305 and urge them to oppose SB 357. 

CONNECTICUT
HB 6657 was approved by the Judiciary Committee last week.  It is now headed either to the Public Safety Committee or directly to the House floor.  HB 6657 seeks to make criminals out of crime victims by imposing a misdemeanor charge for the failure to report a stolen firearm.  The measure would also further erode the ability of licensed firearm dealers to hold gun shows, would create new restrictions on who may sell firearms, and allow cities to shut down legal gun stores.  Please contact your State Representatives today and urge them to oppose HB 6657.

ILLINOIS
Last week was a critical time for our Right to Keep and Bear Arms in the Illinois General Assembly.  Numerous firearm-related bills were considered, and the Second Amendment fared very well.  The Senate passed SB 57, a gun show bill that includes statewide preemption of firearm regulations (with the exception of Chicago) and mandates the destruction of the State Police database on lawful firearm purchases.  Also passing the Senate last week were SB 2103, which would improve the current Range Protection law, and SB 2104, which seeks to clarify the issue of how to legally transport a firearm in your vehicle in Illinois.  The Senate also defeated several anti-gun bills, including SB 219, which sought to make it a crime for failing to report the theft or loss of a firearm to the State Police; SB 546, a bad gun show bill; SB 1330 and SB 1331, each of which sought to allow reckless lawsuits against the firearm industry; and SB 1332, which sought to limit handgun purchases to one every 30 days.  The House passed HB 220, a bill that seeks to force the State Police to maintain a list of handguns prohibited under existing law because they can melt or deform at a temperature of less than 800 degrees Fahrenheit, and HB 340, which would eliminate the waiting period requirement when trading an operating firearm for another operating firearm.  Unfortunately, the House also passed HB 794, which is similar to SB 546.  In addition, the House will vote this Tuesday, April 26, on two bills that seek to ban firearms.  The first, HB 1098, introduced by Representative Elaine Nekritz (D-57), seeks to ban all .50 cal. rifles and ammunition.  The second, HB 2414, introduced by Representative Edward Acevedo (D-2), seeks to ban certain semi-automatic rifles and shotguns, as well as .50 cal. rifles.  These bills will do nothing to address the problem of violent crime, and would serve only as another attack on our Right to Keep and Bear Arms.  Please call your State Representative at (217) 782-8223 and urge him or her to oppose HB 1098 and HB 2414. 

KANSAS
Congratulations Kansans! Thanks to your phone calls, e-mails, and letters, Governor Kathleen Sebelius (D) signed SB 195 on April 15.  This NRA supported legislation will eliminate the unfair patchwork of local firearm ordinances across the state of Kansas.  This law takes effect on July 1, 2005.  Thanks for your hard work in helping NRA-ILA make this legislation a reality! 

MAINE
LD 333, sponsored by Representative Stan Gerzofsky (D-66), requires background checks at gun shows for everyone involved in a sale or transfer of a firearm, regardless if you are a dealer or not.  Law-abiding citizens are able to sell their firearms outside the doors of a gun show, but once inside LD 333 would require all firearms to be sold through a dealer.  LD 333 imposes another expensive, time-consuming obstacle for Maine`s law-abiding gun owners.  Please plan to attend the public hearing for LD 333 on Wednesday, April 27 at 9:30 a.m. in room 436 at the State House.  If you are unable to attend, please call the Criminal Justice and Public Safety Committee members and voice your opposition to this legislation.  Chairman Bill Diamond (D-12) can be reached at (207) 287-1515 and other committee members at (800) 423-2900. 

NEVADA
This week, AB 232, an NRA-supported bill by Assemblyman Richard Perkins (D-23, Clark County), which clarifies the Nevada Revised Statutes regarding the definition of a concealed carry, passed unanimously out of the Assembly.  It is now headed to the Senate.  AB 232 will also amend state law to allow for compliance with the federal Law Enforcement Officers Safety Act of 2004, which allows for retired law enforcement officers authorized under the federal law to carry a concealed firearm.  It is vital that NRA members contact Senate members and ask for their support of this important measure.  For information on how to contact your Senator, please call 1-800-978-2878 or visit www.leg.state.nv.us/general/feedback.cfm

NEW YORK
Lawmakers will return to Albany on May 2. A 2837, which would make it a crime to possess certain types of ammunition, will remain on the Assembly calendar.  Please contact your Assembly member and urge him or her to oppose A 2837.  On the Senate side, S 918 (same as A 4853), an NRA-supported measure which would allow the use of rifles for hunting in certain parts of the state, is on a third reading in the Senate.  Please call your state Senator at (518) 455-2800 and encourage him or her to support S 918.  Also, please call your Assembly Members at (518) 455-4100 and ask them to urge the Assembly Environmental Conservation Committee to approve A 4853.  Contact information for committee members can be found at www.assembly.state.ny.us/comm/

OREGON
On April 25, the House Subcommittee on Civil Law will hold work sessions on HB 2373, NRA-backed legislation protecting gun manufacturers from reckless lawsuits and HM 3, a measure urging Congress to pass similar legislation at the federal level.  The work sessions will take place at 8:30 a.m. in Room 357 of the State Capitol in Salem.  Members are encouraged to attend, but the subcommittee will take invited testimony only.  For a list of subcommittee members and their contact information, please visit www.NRAILA.org.  The Senate Judiciary defeated SB 956, anti-gun extremist Senator Ginny Burdick`s (D-Portland) effort to strip the state firearm`s preemption law and allow local school districts to impose their own bans on Concealed Handgun Licensees, on a 4-3 vote.  A motion to reconsider has been filed, and the bill could be voted on again by April 25.  Please continue contacting members of the committee and urging them to oppose this bill.  Please visit www.NRAILA.org for a list of committee members and their contact information. 

TEXAS
This week, the House passed HB 823 by Representative Terry Keel (R-Austin), an NRA-supported bill which takes important steps toward clarifying that law-abiding Texans may carry handguns for protection in their vehicles without Concealed Handgun Licenses (CHLs).  The bill now moves to the Senate for consideration.  The House also approved SB 734 by Senator Tommy Williams (R-The Woodlands), NRA-backed legislation which allows property owners to continue hunting on their land, or leasing it out to sportsmen, even if they are annexed by a municipality with an ordinance banning the discharge of firearms.  A floor amendment was added by Representative Charlie Geren (R-River Oaks) which adds "wildlife management" to the list of activities protected under Texas` "Right to Farm" Act.  The bill now goes back to the Senate for concurrence.  The Senate Veterans Affairs & Military Installations Committee canceled their meeting this week, so hearings will now take place on April 27, on HB 322 by Representative Suzanna Hupp (R-Lampasas) and Senator Craig Estes (R-Wichita Falls), which lowers the minimum age requirement and CHL fees for military personnel, and HB 685 by Representative Patrick Rose (D-Dripping Springs) and Senator Leticia Van de Putte (D-San Antonio), which eliminates the range instruction portion of the CHL course for military personnel with recent handgun training.  Please continue contacting committee members and urging them to support these two bills for our soldiers and veterans.  For a list of committee members and their contact information, please visit www.senate.state.tx.us/75r/Senate/Commit.htm.  Lastly, please join NRA Director Susan Howard and the Uvalde County Republican Committee for a day of shooting, barbecue, and remarks by Mrs. Howard on Saturday, April 30, at Spanish Dagger Hunting Lodge (3 miles East of Uvalde Hwy. 90).  Shooting begins at 2:30 p.m., and Mrs. Howard will speak at 5:00 p.m.  Cost of BBQ Plate is $10.00 adults/$5.00 children.  For more information, please contact Leland Kerby, Chairman of the Uvalde County Republican Party at (830) 278-1807 or Spanish Dagger Manager, Alan Phillips, at (830) 278-2998.

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.