BULLET POINTS Vol. 2-No. 51 · BROBEK CONTRIBUTES $5,000 TO FIREARMS SAFETY EDUCATION FOUNDATION . . . The law firm of Brobeck, Phleger & Harrison, LLP, the national defense council for our industry’s defense of the municipal lawsuits, has presented a $5,000 check to the Firearms Safety Education Foundation (FSEF). This newly formed non-profit, tax-exempt 501(c)(3) organization will support a number of nationwide firearms safety education efforts. · NSSF MEMBERS NOW HAVE THE STAPLES BUSINESS ADVANTAGE . . . The NSSF has partnered with Staples Business Advantage, the leading small business office supply company, to leverage the buying power of nearly 2,000 NSSF members. That buying power means BIG savings for NSSF members. Staples Business Advantage provides NSSF members with the convenience of ordering online and free next-day delivery right to your door. And what’s more, Staples Business Advantage will contribute a portion of the revenue generated by NSSF members to the Hunting & Shooting Sports Heritage Fund. “This partnership with Staple Business Advantage is the first of a series of membership services that we will announce over the next several months that benefits all NSSF members regardless of their size,” said NSSF Development Director Chris Dolnack. “This particular program is ideal for retailers, smaller manufacturers, distributors, manufacturer’s reps and advertising agencies.” NSSF members may enroll by contacting our Staples Business Advantage Account Manager Wayne Cicco at 1-800-617-1712, ext. 193, or by e-mail at wayne.cicco@staples.com. · TIME FOR SHOT SHOW EXHIBITORS TO SCHEDULE THEIR PRESS CONFERENCES AND PROVIDE TV CONTACTS . . . SHOT SHOW exhibiting companies are urged to schedule their press conferences with NSSF as soon as possible so that a press conference schedule can be provided to media in advance of the show, Feb. 2-5, in Las Vegas. A press conference room adjacent to the SHOT SHOW Press Room can be reserved by filling out a reservation form and faxing it to NSSF at 203-426-1245. The form was mailed recently to all SHOT SHOW exhibitors. To print a copy of the form, go to www.shotshow.org/PDF/TV-NewsIncReq.pdf . NSSF also encourages those exhibitors who would like to be contacted by non-outdoor television media for interviews to list a contact person by filling out a separate form; to print this form, go to www.shotshow.org/PDF/PC-MediaEventsIncReq.pdf . If you have questions about SHOT SHOW media functions, please call Bill Brassard or Scott Moore at 203-426-1320, or e-mail bbrassard@nssf.org or smoore@nssf.org. · NEW JERSEY COURT ALLOWS GUN SUIT TO PROCEED . . . Although numerous claims against the firearm industry have been dismissed over the past six months, a New Jersey Superior Court judge decided Dec. 10 to allow the City of Newark’s lawsuit against gun manufacturers and their trade associations to proceed to the discovery stage. The court noted that although the city’s “claims are novel and push the limits of civil liability,” at this time it was “not concerned about whether the Plaintiff can prove its case,” and that ultimately the case would “be decided at the highest level.” The court ruled that the suit could go forward on the city’s allegations of negligent marketing and distribution, and public nuisance. It ruled in favor of the industry, however, in dismissing several claims including those of product liability and unjust enrichment. “We are, of course, disappointed the court will permit the City of Newark to waste taxpayer money in a futile attempt to try and prove that manufacturers who sell legal, highly-regulated, non-defective products are somehow responsible for criminal violence committed with a firearm,” said Lawrence G. Keane, NSSF vice president and general counsel. “Every appellate court in the nation to consider this notion, including the state supreme courts of New York, Connecticut, California, Florida and Louisiana, has flatly rejected it,” Keane said. “We believe the federal appeals court in the Camden County, NJ case was correct when it recently upheld the dismissal of that case saying that, ‘non-defective, lawful products . . . cannot be a nuisance without straining the law to absurdity,’” added Keane. · CANCER CLAIMS LEADING ATTORNEY IN INDUSTRY LAWSUITS . . . Wendell Gauthier, one of the most outspoken critics of the firearm industry and a leading attorney in lawsuits against gun makers, died of liver cancer in New Orleans Dec. 11. Gauthier had built a national reputation as an attorney in successful lawsuits over silicone breast implants and hotel fires, and had organized the Castano Group of prominent law firms that targeted the tobacco industry before turning his attention to firearms. Gauthier persuaded New Orleans Mayor Marc Morial to file the first lawsuit against gun manufacturers. He aggressively solicited other cities to pursue firearms litigation, and his firm along with several others from the tobacco suits formed a coalition to represent a number of cities in their firearm cases. He is the second plaintiff’s lawyer to die in recent months. In October, Ohio attorney Jack Maistros, who represented the cities of Cleveland and Atlanta in their firearms litigation, died in an automobile accident. · NSSF CHALLENGES FIREARMS INJURY NEWS STORY . . . A Reuters Health wire service story last week dutifully reported that a statistical review of injuries at emergency rooms in a representative sample of America's hospitals proved it was easy access to guns that caused kids to be injured. NSSF analyzed the numbers reported by the Centers for Disease Control and revealed that non-fatal firearms injuries actually showed a dramatic and consistently reduced rate according to the CDC figures in the selected years, a 37.8% decrease between 1993 and 1997. Adding in figures from 1998 would have shown a 43% drop! NSSF also uncovered a pretty liberal definition of what constitutes a firearms injury. The CDC report included pistol whippings by criminals, plus scope-eye and other injury from recoil. Even injuries sustained while cleaning a firearm (M-1 Garand thumb or a cut sustained on the sharp edge of a machined part) were included with powder burns and actual penetrating wounds from bullets.

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