Bullet Points Vol. 2 - No. 26 · NSSF responds to gun control statements by new ama president . . . Bob Delfay, president and CEO of the National Shooting Sports Foundation (NSSF), has responded in a letter to the strongly anti-gun comments made last week by Dr. Richard Corlin, newly elected president of the American Medical Association. Dr. Corlin used the opportunity of his inauguration speech to call for new federal initiatives to measure the cost of gun violence and to unleash an attack on firearms manufacturers for producing more and more deadly firearms “in pursuit of profit.” “The National Shooting Sports Foundation represents the manufacturers of the sporting firearms and ammunition that are used each year by nearly 30 million responsible Americans who participate in the recreational shooting sports,” Delfay wrote. “Our organization also represents, however, the very same manufacturers when their products are used in highly visible, socially-abhorrent and tragic ways. You know of this unfortunate use of firearms because you see it first-hand. We know of it because we are often pointed to as its cause, as was the case last Wednesday in your inauguration speech. I do not write, today, to argue that the accidental, criminal and irresponsible use of firearms are not serious national issues. I do write to emphasize that virtually all of the controversy surrounding my industry’s products stems from the unintended use of those products. No manufacturer makes its handgun, rifle or shotgun intending that it will be used in a crime, a suicide or an accident. To the extent that, under your leadership, the AMA’s programs will focus on firearms violence and safety there may be opportunity for our organizations to work together. I have included a number of supplemental materials which, perhaps, the AMA staff could review with an eye toward such cooperative effort,” Delfay said. · OHIO PASSES BILL BARRING SUITS AGAINST GUN INDUSTRY . . . With its final passage on June 20 by both houses of the Ohio legislature, a bill to grant firearm and ammunition manufacturers, dealers and their trade associations immunity from municipal lawsuits is now before Gov. Bob Taft for signing. Although the governor has yet to publicly endorse the bill (H.B. 192), sources in the governor’s office say in all likelihood he will approve it. Should he sign, Ohio would become the 27th state to adopt some form of protection for the firearm industry from politically motivated lawsuits filed by local governments that seek to hold the industry responsible for the criminal misuse of its products. It is unclear what effect the new law would have on two such cases currently pending in the state. The City of Cincinnati’s suit is now on appeal before the state Supreme Court after being earlier dismissed by two lower state courts. A suit filed by the City of Cleveland is currently proceeding in federal district court · COURT UPHOLDS ATF RECORDS REQUESTS FROM GUN DEALERS . . . A federal appeals court has ruled that certain federally licensed firearm dealers must comply with demands from the Bureau of Alcohol, Tobacco & Firearms for detailed records on their firearm transactions. The case stems from an ATF gun tracing program requiring certain dealers that the Bureau said “were not complying with its trace requests” to provide sales records going back three years, and on a continuing monthly basis until further notice from the Bureau. A Maryland firearm dealer, Sanford Abrams of Valley Gun in Baltimore, filed suit against ATF claiming it was violating federal law forbidding the government from compiling records on firearm transfers that would be tantamount to establishing a gun registration system. Last year, a U.S. District Court in RSM, Inc. v. Buckles, ruled in favor of the dealer and ordered a halt to the practice. That decision was reversed on June 6 by the U.S. Court of Appeals for the 4th Circuit because, in the court’s view, the demand for records was limited only to a very small number (41) of dealers “who had violated federal law in failing to comply with firearms trace requests.” The attorney for RSM has said he anticipates filing a petition for a rehearing of the case before the full court of appeals. · Connecticut YPO’s Step OutsideÒ . . . Thanks to the initiative of Marlin Firearms Chairman Chip Kenna, members of a Connecticut Young President’s Organization recently participated in a half-day Step Outside program at the Blue Trail Range in Wallingford. Chip organized the half-day program beginning with a 90-minute presentation and question-and-answer session with NSSF President Bob Delfay followed by a luncheon and two hours of shooting instruction. According to Chip, “I didn’t really know what to expect when I organized this event but was tremendously gratified at the outcome. I received many positive comments from attendees and feel we were very successful in imparting a favorable view of responsible firearms use.” “I was extremely impressed with the knowledge of firearms issues that these executives had and by the interest they showed in NSSF programs and positions,” commented Bob Delfay. “I would strongly urge any and all members of the firearms industry who are involved with a YPO organization to organize similar Step Outside activities for YPO meetings in their neck of the woods.” · JUDGE IN WILMINGTON SUIT SKEPTICAL OF CITY’S CASE . . . Saying he had a “healthy skepticism about whether the City can establish actionable damages”, the judge in the Wilmington, DE, suit against the firearm industry has halted the discovery process. Judge Fred S. Silverman, Jr., directed the City to provide evidence of specific harm and to show what actual damages it may have suffered from the individual gun manufacturers before he will allow the case to go forward. Thus far, the City has offered only vague allegations claiming the industry has failed to provide adequate safety warnings with its products and has failed to incorporate various safety features into firearms. The judge’s order is another setback for Wilmington. He earlier dismissed negligent marketing and distribution claims, as well as public nuisance claims filed by the City against the industry.

Vol. 2 - No. 25 BULLET POINTS

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