Vol. 2 – No. 34                                                                                               BULLET POINTS

· NEW YORK SUIT AGAINST INDUSTRY DISMISSED . . . In yet another setback for the politically motivated lawsuits filed against the firearm industry, a New York court on August 10 dismissed New York State’s claim that gun makers have created a public nuisance and should be held liable for the criminal use of their products. State Justice Louis B. York, noting that firearms commerce was “heavily regulated” and “strongly controlled” at both the federal and state levels, ruled that the connection between the legal marketing of firearms and their illegal use was far too remote to substantiate the state’s case. The entire process from licensed manufacturer through the licensed distributor to the licensed retailer is regulated and restricted and “it may be several steps beyond the retailer before a gun ends up with an unlawful user, thus making the connection to defendants even more remote,” the judge wrote. What the state sought, according to Justice York, “would have the potential effect of preventing defendants from engaging in activities, i.e. the manufacture and sale of guns, that they are permitted to engage in by law in an area which is strongly controlled by various federal and state statutes.” State Attorney General Eliot Spitzer filed the case in June of last year making New York the only state to join various municipal governments filing suits against the industry. “We are especially gratified that Attorney General Eliot Spitzer’s effort to regulate the firearm industry through a frivolous and politically motivated lawsuit has failed,” said Lawrence G. Keane, NSSF vice president and general counsel. “Attorney General Spitzer now joins the growing list of antigun politicians who have seen their cases thrown out of court,” Keane said.

· NSSF INTRODUCES FIREARMS INDUSTRY TO STATE LEGISLATORS . . . As part of the National Shooting Sports Foundation’s (NSSF) expanding role in the political and legislative arena, representatives of the organization’s Government Relations Division recently traveled to San Antonio, Texas, where some 5,000 state legislators, staff and guests attended the National Conference of State Legislatures. A steady flow of visitors to the NSSF exhibit booth over two and a half days provided the opportunity to introduce these elected officials to the firearm industry, and to expose them to such key programs as Project HomeSafe and the “Don’t Lie for the Other Guy” campaign. NSSF’s attendance also allowed the industry to counter some of the anti-gun propaganda being disseminated by the Brady Campaign (formerly Handgun Control, Inc.) and Americans for Gun Safety, both of which had booths at the conference. “Our presence let these legislators know that we are available as a valuable resource to them on firearms-related issues,” said Jim Chambers, NSSF vice president of government relations. “And, if anything, the legislators and staff stopping by our booth walked away with the distinct impression that ours is a responsible industry in search of responsible solutions,” Chambers added.

· ABA OPPOSES GUN INDUSTRY IMMUNITY . . . The American Bar Association opposes any legislation that protects the firearm industry from the types of public nuisance and negligence suits filed by various municipalities around the country. That position was made official in a resolution recently adopted by the lawyers’ group and is apparently a response to the growing number of states that have passed laws, as well as bills pending in Congress, that would prevent such suits. Currently, 27 states have adopted measures to protect the industry from politically motivated efforts to hold gun makers and sellers responsible for the criminal use of their products.

· ATF AMENDS FIREARMS MARKING REGULATIONS . . . The Bureau of Alcohol, Tobacco & Firearms has announced that it is amending regulations in (section) 27 Code of Federal Regulations (CFR) Parts 178 and 179 regarding the minimum height and depth requirements for identification markings placed on firearms by importers and manufacturers. The new rules will require a minimum height of 1/16 inch and a minimum depth of 0.003 inch for serial numbers, and a minimum depth of 0.003 inch for all other required markings. The effective date of the final regulations is January 30, 2002. To view the announcement and the amended regulations (T.D. ATF-461) go to www.atf.treas.gov.

· IRISH COURT RULES IN FAVOR OF GUN OWNERS . . . Gun owners in the Irish Free State won a significant legal battle recently when the country’s High Court ruled against the Garda Siochana (Irish Police) in a suit filed by the National Association of Regional Game Councils. The Game Councils had challenged a police directive requiring all gun owners to install gun cabinets in their homes and be available for inspection at any time. They claimed that since the government had enacted no such law, the police lacked the authority to issue the regulations. The High Court held that the police were indeed acting contrary to law, and the demand to enter and inspect homes without legal authority violated the Irish Constitution’s guarantees that the family home shall be inviolable.

· SPORTS, INC. TO SPLIT SUMMER SHOW IN 2002 . . . At its recent show in Denver, Sports, Inc. announced it will divide its summer show in 2002.  The New Athletics Show will be held June 26-29 in Indianapolis, and the new Outdoor Sports Show will be held in Reno, Nevada, August 14-17. “We are excited about the new format,” said Sports, Inc. CEO Dave Salvi . “We split our February show several years ago, and it has been a huge success.  We anticipate the same thing happening with our summer shows.  Many of the suppliers have voiced a concern over the last couple of years about our show being at the wrong time.  I think they will be pleased at this change, and our marketing staff will be working closely with them in 2002 to make the most of our show experience.” Dates for Sports, Inc.’s winter outdoor sports show are February 13-16 in Phoenix.