OCTOBER 2005

Nov 1, 2005 Good article on S.397! KEEP THE CANARY ALIVE

LANDMARK NRA VICTORY NOW LAW
President Bush Signs S.397
October 26, 2005
(Washington, DC) - President George W. Bush today signed into law the National Rifle Association (NRA)-backed "Protection of Lawful Commerce in Arms Act" (S. 397) ending politically motivated lawsuits designed to bankrupt law-abiding American firearm manufacturers and retailers. S. 397 passed both chambers in Congress with broad bipartisan support.

"This is an historic day for freedom. I would like to thank President Bush for signing the most significant piece of pro-gun legislation in twenty years into law. History will show that this law helped save the American firearms industry from collapse under the burden of these ruinous and politically motivated lawsuits," said Wayne LaPierre, NRA's executive vice president.

In late July, the Senate approved the measure 65-31. Last week, the House overwhelmingly passed the bill 283-144. The "Protection of Lawful Commerce in Arms Act" was NRA's number one legislative priority and a monumental victory for the Association and its members.

"What we witness today is the culmination of a seven-year effort that included a comprehensive legislative and election strategy," stated Chris W. Cox, NRA's chief lobbyist. "We worked hard to change the political landscape to pass this landmark legislation. As always, our members were up for the task. Key electoral victories in 2000, 2002 and 2004 helped pave passage of this law.

"The Bush administration was a vital ally during debate on Capitol Hill. I would also like to thank Senators Larry Craig and Max Baucus and Congressmen Rick Boucher and Cliff Stearns for doing a yeoman's job as lead co-sponsors of this legislation. In addition, Senate Majority Leader Bill Frist and Senate Majority Whip Mitch McConnell ought to be commended for their steadfast leadership during Senate deliberations," added Cox.

In recent years, 33 states passed similar legislation outlawing frivolous lawsuits intended to bankrupt the gun industry. However, this new law creates judicial uniformity in all courts across the United States.

"This law will help preserve the American firearms industry and also help preserve American manufacturing jobs. American companies will cease to make products if they continue to be sued every time a violent criminal they do not know, have never met and cannot control, misuses a legal non-defective product. This is a significant step toward saving millions of manufacturing jobs," concluded LaPierre.
[NRA story]

NRA and Freedom Win Again
FEMA Changes Louisiana Gun Policy
October 24, 2005

Fairfax, VA - Following concerns raised by the National Rifle Association (NRA), the Federal Emergency Management Authority (FEMA) has changed its policy regarding firearms in temporary housing units; storage and possession of firearms are no longer banned at FEMA temporary housing. FEMA officials notified NRA attorneys this weekend that FEMA is in the process of revamping firearms rules for temporary housing parks for all disasters but that they were taking "immediate steps to address this (ban)" at the FEMA Park in Baker, LA.

NRA Executive Vice President Wayne LaPierre welcomed this move saying, "It is wrong to force citizens to give up their constitutional rights in order for them to get a needed federal benefit. Our constitutional rights must be preserved even in the face of a natural disaster, a pandemic or a terrorist attack."

NRA chief lobbyist, Chris Cox added, "NRA's Institute for Legislative Action (NRA-ILA) worked with FEMA authorities to help right this injustice. We're pleased that FEMA has formally changed their regulations nationwide on the possession and storage of firearms by law-abiding victims of disasters in their temporary housing parks."

The controversy erupted after the East Baton Rouge Parish Sheriff's Department asked FEMA to ban all firearms at temporary trailer shelters where victims of Hurricane Katrina were staying rent-free while they found permanent housing. NRA began to work with FEMA officials to reverse this policy as soon as the directive was issued. The NRA was also prepared to file a lawsuit, if the need arose.

This is the second major victory for the NRA in Louisiana following Hurricane Katrina. Earlier, the New Orleans Police Department was ordered to cease and desist their gun confiscation operations by the United States District Court for the Eastern District in Louisiana. The NRA pledged to tighten language in emergency statutes in Louisiana and other states to ensure gun confiscations do not happen again.

LaPierre said, "The Second Amendment must never be the first casualty of disaster. The breakdown of law and order in the aftermath of a disaster - is exactly the kind of situation where the Second Amendment was intended to allow citizens to protect themselves. After Hurricane Katrina hit, and lawlessness prevailed across the region, many victims depended on their guns for survival against the roving bands of thugs, looters and rapists."

"NRA-ILA will address this at the state and federal level. Efforts are currently underway in the states. The media images of lawlessness are the most compelling images to help us make this argument. When disaster hits, 911 is nonexistent. It is wrong for government to take away the only tool for survival - a lawfully owned firearm - that victims haveunder these circumstances," concluded Cox. [LINK]

HISTORIC VICTORY FOR NRA
House of Representatives Passes S.397
October 20, 2005
(Fairfax, VA) - Today the United States House of Representatives passed the "Protection of Lawful Commerce in Arms Act" (S. 397) by a bipartisan vote of 283-144. The legislation now moves to President Bush’s desk for his expected signature.

Commenting on the passage of this landmark legislation, NRA Executive Vice President Wayne LaPierre said, "This is an historic victory for the NRA. Freedom, truth and justice prevailed, and today S. 397 is one step closer to becoming the law of the land. No other industry is forced to defend themselves when a violent criminal they do not know, have never met and cannot control, misuses a legal non-defective product. American firearms manufacturers will now receive the same fair treatment."

The "Protection of Lawful Commerce in Arms Act" seeks to end predatory and baseless lawsuits initiated nationwide by the gun control lobby. These lawsuits sought to bankrupt a lawful, highly regulated industry by holding the manufacturers and retailers responsible for the unforeseeable acts of criminals. S. 397 passed the Senate in late July with a bipartisan vote of 65-31.

Joining LaPierre in commenting on this victory, NRA Chief Lobbyist Chris W. Cox added, "Our judicial system has been exploited for politics and Congress put a stop to that. Passage of the 'Protection of Lawful Commerce in Arms Act' would not have been possible without the support of the 257 House co-sponsors from both sides of the aisle. We appreciate the tireless efforts of Rep. Cliff Stearns and Rep. Rick Boucher and the Republican members of House leadership who worked to move the bill in this chamber."

"We are a safer country today because Congress passed this critical legislation and acted to save American icons like Remington, Ruger, Winchester and Smith & Wesson from politically motivated lawsuits. Our men and women in uniform abroad and at home now will not have to rely on France, China or Germany to supply their firearms," Cox added.

During Senate debate earlier this year, the Pentagon stated its concern over the consequences if the American firearms industry was litigated into extinction. The Department of Defense stated that it "strongly supports" S. 397 citing, "that passage of S. 397 would help safeguard our national security by limiting unnecessary lawsuits against an industry that plays a critical role in meeting the procurement needs of our men and women in uniform."

"I would like to thank our members who played a pivotal role in making this bill a reality. Together, we have saved the American firearms industry and protected the sanctity of the Second Amendment," concluded LaPierre. [NRA story]

House of Representatives Ready To Consider S.397
October 18, 2005
The U.S. House of Representatives is scheduled to take up S.397, the Lawful Commerce in Arms Act, on Wednesday, October 19th. This bill would prohibit frivolous lawsuits against manufacturers, distributors and dealers in firearms for unlawful acts committed by purchasers of those firearms. The purpose of these "nuisance" lawsuits is not to win a big award, but to bleed manufacturers and dealers dry with continuing legal costs, a "death of a thousand lawsuits." There is no other industry in America that has been subjected to such a barrage of frivolous lawsuits.

S.397 passed the U.S. Senate in July on a 61-35 vote. A similar bill in the House has more than 250 co-sponsors. Due to minor differences in the bill, it is important that the House act on the Senate version of the bill, S.397. If a different version passed in the House, the bill would have to go to a conference committee and would likely die this year. Passage of S.397 (as passed by the Senate) will send the bill directly to President Bush for his signature. Enactment of this bill is critical if the American gun industry is to remain competitive.

Please call your U.S Representative at 202-225-3121 and ask him or her to vote in favor of S. 397 on Wednesday.

John Burtt, Chmn
Fifty Caliber Institute

Massachusetts renews threat to the fifty
October 2, 2005
by Keith Pagel, editor, Very High Power magazine
Fifty caliber firearms owners in the state of Massachusetts should be aware of a renewed attempt to ban the .50 BMG caliber in that state.

A bill pending before the state legislature has been assigned a number and scheduled for a hearing. The bill, entitled "AN ACT PROHIBITING THE SALE, TRANSFER OR POSSESSION OF 'COP KILLER' HANDGUNS AND HIGH-POWERED RIFLES", is number S2113 and is scheduled to be heard before The Joint Committee on Public Safety and Homeland Security on October 25, at 10 AM, in room 437 of the state house.

Massachusetts .50 BMG owners should immediately contact their state legislators and respectfully request that this legislation, a solution seeking a problem, be defeated. Those that can, should also attend the hearing and voice their opposition.

The bill is modeled on legislation recently enacted in California, banning the caliber by dimensions of the cartridge, but unlike California, the bill bans BOTH the rifle AND all .50 BMG ammunition. In addition, also unlike California, Massachusetts S2113's ban is IMMEDIATE. There is no compliance period provided, there is no "grandfathering" clause (all rifles and ammunition except law enforcement are prohibited), and apparently calls for CONFISCATION of the firearms and ammunition.

As horrible as the California ban was to its citizens, the Massachusetts ban sets a new low in constitutional rights. This is an ironic development considering Massachusetts' role in the American Revolution.

Massachusetts .50 BMG owners can find contact information for the Public Safety committee and its members at this website:

http://www.mass.gov/legis/comm/j22.htm

You can find your own legislators and their contact information at this website:

http://www.mass.gov/legis/citytown.htm

Exact text of the bill is located here:

http://www.mass.gov/legis/bills/senate/st02/st02113.htm

The bill also bans the Herstal Five-seveN, pistol (already banned in the state) as well as its ammunition, claiming they will defeat police body armor, a statement refuted by the ATF when it originally approved the caliber and its importation. (http://www.atf.gov/firearms/firearmstech/fabriquen.htm)