MAY 2001
Web Page
  • New record of    for one month high hits for Jan. 2001 for OCShooters Main Page.
  • I want to add a new topic, "What is wrong with the NY State handgun laws."  Please e-mail me your ideas.
Other places to go to get News
SCOPE provides Current Firearms News, Updated Daily!
Plattsburgh Rod & Gun:   Regional News  &  Guns in the News
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 "Indeed, the party's electoral success has underscored the dilemma that I face in the [Republican] Party.  In the past, without the presidency, the various wings of the Republican Party in Congress have had some freedom to argue and influence and ultimately to shape the party's agenda. The election of President Bush changed that dramatically. We don't live in a parliamentary system, but it is only natural to expect that people like myself who have been honored with positions of leadership will largely support the President's agenda. And yet, more and more, I find I cannot."

    The main impact is that every person in power in the Senate will now be anti-gun.  Every Chairperson on every committee and sub-committee will be anti-2nd amendment.  The committee who chooses new Judges will try to make sure that no new Judges thinks the 2nd applies to us.  (Just to repeat my thanks to those gun owners in NY who voted for or did not vote against Sen. H. R. C****** and Sen. UpChuck Schumer.)

is collecting money for a lawsuit against Pataki and the State of New York over the new gun laws.

In 1998 Professor Dave Kopel & Professor Ron Noble taught a class at NYU School of Law called
Gun Control and Gun Rights
While you can not take the class you can see the Syllabus and links to syllabus items and other research sources on the web.  A great list of  "Required reading"

Hamilton v. Beretta NY Court of Appeals decision.
    The New York Court of Appeals (our state's highest court) released  its decision in the matter of Hamilton v. Beretta, better known as the  Brooklyn, or Eastern District, Firearms Litigation.  In short, the Court  held that the plaintiff's theories of liability were all without merit.   Gun manufacturers will not be held liable under New York law for criminal  misuse of their products.  The decision also added, perhaps superfluously, that the market share theory of damages used by Judge Weinstein to fund awards for crime victims when the specific weapon used could not be identified, was inappropriate.  Complete victory and a total rejection of the logic that are some of the main ideas of the anti-gunners.  The whole decision is many pages in length so I have made a summary of the decision.  The summary is made up almost totally of quotes taken directly from the decision.  I have not tried to reword anything but to just include the most important points.
 The decision:
In Summary: In January 1995 plaintiffs _- relatives of people killed by handguns -_ sued 49 handgun manufacturers in Federal court alleging negligent marketing, design defect, ultra- hazardous activity and fraud.  ... Eventually, seven plaintiffs went to trial against 25 of the manufacturers.
    After a four-week trial, the jury returned a special verdict finding 15 of the 25 defendants failed to use reasonable care in the distribution of their guns. Of those 15, nine were found to have proximately caused the deaths of the decedents of two plaintiffs, but no damages were awarded. The jury awarded damages against three defendants _- American Arms, Beretta USA and Taurus International Manufacturing _- upon a finding that they proximately caused the injuries suffered by Fox and his mother (in the amounts of $3.95 million and $50,000,  respectively). Liability was apportioned among each of the three defendants according to their share of the national handgun market: for American Arms, 0.23% ($9,000); for Beretta, 6.03% ($241,000); and for Taurus, 6.80% ($272,000).
What the anti-gunners claimed:    That handguns move into the underground market in New York through several well-known and documented means including straw purchases (a friend, relative or accomplice acts as purchaser of the weapon for another), sales at gun shows, misuse of Federal firearms licenses and sales by non- stocking dealers (i.e., those operating informal businesses without a retail storefront). Plaintiffs further assert that gun manufacturers have over saturated markets in states with weak gun control laws (primarily in the Southeast), knowing those "excess guns" will make their way into the hands of criminals in states with stricter laws such as New York, thus "profiting" from indiscriminate sales in weak gun states.  Plaintiffs contend that defendants control their distributors' conduct with respect to pricing, advertising and display, yet refuse to institute practices such as requiring distribution contracts that limit sales to stocking gun dealers, training salespeople in safe sales practices (including how to recognize straw purchasers), establishing electronic monitoring of their products, limiting the number of distributors, limiting multiple purchases and franchising their retail outlets.
    The plaintiffs were permitted over defense objections to proceed on a market share theory of liability against all the manufacturers, asserting that they were severally liable for failing to implement safe marketing and distribution procedures, and that this failure sent a high volume of guns into the underground market.
The Court found in a 7 to 0 decision that:  On appeal, the Second Circuit certified the following questions to us: "(1) Whether the defendants owed plaintiffs a duty to exercise reasonable care in the marketing and distribution of the handguns they manufacture? "(2) Whether liability in this case may be apportioned on a market share basis, and if so, how?"
1.     "A defendant generally has no duty to control the conduct of third persons so as to prevent them from harming others, even where as a practical matter defendant can exercise such control" ... This judicial resistance to the expansion of duty grows out of practical concerns both about potentially limitless liability and about the unfairness of imposing liability for the acts of another. ... a duty and the corresponding liability it imposes do not rise from mere foresee ability of the harm .... Moreover, none of plaintiffs' proof demonstrated that a change in marketing techniques would likely have prevented their injuries. Indeed, plaintiffs did not present any evidence tending to show to what degree their risk of injury was enhanced by the presence of negligently marketed and distributed guns, as opposed to the risk presented by all guns in society. ... Here, defendants' products are concededly not defective _- if anything, the problem is that they work too well.
    Plaintiffs also assert that a general duty of care arises out of the gun manufacturers' ability to reduce the risk of illegal gun trafficking through control of the marketing and distribution of their products. The District Court accepted this proposition and posited a series of structural changes in defendants' marketing and distribution regimes that might "reduce the risk of criminal misuse by insuring that the first sale was by a responsible merchant to a responsible buyer". Those changes, and others proposed  ...  would have the unavoidable effect of eliminating a significant number of lawful sales to "responsible" buyers by "responsible" Federal firearms licensees (FFLs) who would be cut out of the distribution chain under the suggested "reforms." Plaintiffs, however, presented no evidence, ..., showing any statistically significant relationship between particular classes of dealers and crime guns.  To impose a general duty of care upon the makers of firearms  ... would conflict with the principle that any judicial recognition of a duty of care must be based upon an assessment of its efficacy in promoting a social benefit as against its costs and burdens. Here, imposing such a general duty of care would create not only an indeterminate class of plaintiffs but also an indeterminate class of defendants whose liability  might have little relationship to the benefits of controlling illegal guns
    In essence, plaintiffs argue that defendants had an affirmative duty to investigate and identify corrupt dealers. This is neither feasible nor appropriate for the manufacturers. ... Indeed, plaintiffs' law enforcement experts agreed that manufacturers should not make any attempt to investigate illegal gun trafficking on their own since such attempts could disrupt pending criminal investigations and endanger the lives of undercover officers.  ...  Federal law already has implemented a statutory and regulatory scheme to ensure seller "responsibility" through licensing requirements and buyer "responsibility" through background checks.
2. Having concluded that these defendant-manufacturers did not owe the claimed duty to these plaintiffs, we arguably need not reach the market share issue.  However, ... , it seems prudent to answer the second question.
    ... guns are not identical, fungible products. ... Each manufacturer engaged in different marketing activities that allegedly contributed to the illegal handgun market in different ways and to different extents. Plaintiffs made no attempt to establish the relative fault of each manufacturer, but instead sought to hold them all liable based simply on market share. ... Notably, courts  ... have refused to extend the market share theory where products were not fungible and differing degrees of risk were created. ... Although plaintiffs have presented us with a novel theory -- negligent marketing of a potentially lethal yet legal product, based upon the acts not of one manufacturer, but of an industry - - we are unconvinced that, on the record before us, the duty plaintiffs wish to impose is either reasonable or circumscribed. Nor does the market share theory of liability accurately measure defendants' conduct. Whether, in a different case, a duty may arise remains a question for the future.
Click here to link to: Gun Makers Not Liable for Injuries
By John Caher, New York Law Journal,  April 27, 2001

These are the best online videos that I have ever seen.
(Download URL addresses were corrected, 5/25/01)
Legacy of Gun Control, 911 HELL  & WHAT IF?



Gun in waistband has painful outcome.  (OUCH!!!)
The Firearms Coalition Alerts Log, (  )


WALL, AM stops morning talk show.
    Those of you who tuned into 1340 AM or 1390 AM the week of 5/28/01 could only find sports talk.  The Larry Hughes show is no more.  I did not see anything in the newspaper and no one answers the phone.  So ends WALL's move from Middletown to Poughkeepsie with promises to keep contact with Middletown and to provide Orange County listeners with local information and talk.  I was a frequent caller and was able to ask questions to local leaders and provide general information to correct the normal press misinformation especially from the local Times Herald-Record.   The only call in talk show left in Orange County now is  WTBQ,  AM  1110, 11:00 AM TO 12:00 NOON.  651-1110 Chris, CLICK HERE FOR WTBQ Web Site.  It is a small station and does not reach all of Orange County but you can listen to it on the net.  Chris does a good job and has frequent guest and is a supporter of the 2nd.  I have been a guest on his show several times and I do call in when I can.
    WALL follows WGNY in dropping every talk format shows in their daily schedule.  Please e-mail me if you know of any more call in programs.  It is a real set back for our 1st Amendment rights that are now turned over only to those who work for the newspapers and other news outlets.  Who can say that RNN's French or T H-R's Levine fairly represent any of their ideas?

Patrick Murray, 16 year old, wins Golds at NY Junior Olympics
Junior gunman a straight shooter By David Dirks, May 20, 01, Times Herald-Record
    Patrick Murray has accomplished quite a bit for a 16-year-old. Earlier this year, Carmine Montalbano wrote to me about Patrick.  Carmine supervises the Middletown Pistol & Rifle Junior team. Haven't heard of this rifle team? Or any local rifle team? It's no surprise that in this day and age of "shock" sports, that the very traditional sport of competitive shooting rates no coverage.Patrick Muray wins NY JR. Olympics Gold
    In an era when some people no longer value the lives of others and use guns to settle matters, it is encouraging some sanity and common sense can shine through.  Murray is an example of sanity and common sense. He is a Life Scout with Troop 52 and very close to becoming an Eagle Scout.   He's also a member of the NROTC at Middletown High School. Oh, and did I mention he's an expert marksman?
    Earlier this year, Murray attended several matches, capturing gold medals in the rifle and air rifle competitions during the New York Junior Olympics. That earned him the opportunity to travel to Colorado Springs and try out for the U.S. Olympic team.
    "This is a great honor for a youngster to receive," said Montalbano.  Congratulations to Murray for a job well done and for demonstrating once again that safe gun handling practices and good marksmanship make for a great life experience.
    For more information on the Middletown Pistol & Rifle Junior team, contact Carmine Montalbano at (845) 355-2102.

    Middletown has a very active Junior team as do several other clubs in Orange County.  Shooting and ammo is free and they provide the guns.  They have a very good training program so even if your son or daughter, (and they have has some very good Jr. Women shooters,) has never even held a rifle, they can have them competing for the Olympics in no time.  Please call Carmine if you have any questions.

UPDATE:  Patrick Murray did very well at the national try out for the U. S. Olympic team in Colorado Spring.  He placed 34 out of 76.  Really quite good for a 16 year old.  He has 4 more years to practice so we hope that he does better next time.  He is a fine example of how well junior shooting programs can teach and support out youth.


Rockland's Wal-Mart considers gun sale restrictions
- NY Sportsmen Alert -Wed, 30 May 2001
    SUFFERN, N.Y. (AP) - Wal-Mart officials have tentatively agreed to require 18- and 19-year-olds to attend a police-sponsored gun safety workshop before they can buy guns at a store in Rockland.
    The agreement results from a May 22nd meeting with students, Wal-Mart representatives and town and school officials, The Journal News reported Wednesday.
    Although it is legal to buy a rifle at 18, some students and administrators said that in an age of rising school violence, rifle sales to 18-year-olds make them apprehensive.
    At the meeting, students and officials asked that teen-agers who buy guns be subject to character-education programs to reduce bullying, and hunter safety and responsible gun ownership seminars.
    They also asked Wal-Mart to consider moving its firearms counter away from the toy section, to carefully train and monitor the salespeople's work at the gun counter, and to require 18- and 19-year-olds to attend police gun safety workshops before they buy firearms.
    Wal-Mart Representative Keith Morris said those are points the company can agree to in broad principle, but the details must still be filled in.
Wal-Mart Stores, Inc. 
702 SW Eighth St. 
Bentonville, AR 72716 
Phone: 501-273-4000 
Fax: 501-273-1917
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John L. Cushman is seeking to be re-elected to the NRA Board of Directors.

S3353/A6777 to further reduce where you can have a legal gun.

    Introduced by normally pro-gun Republican Sen. SALAND, this bill would turn legal gun owners into criminals if you went to the baseball field to pick up your child after a visit to the range or if you were an off duty police officer watching your child play and had your backup gun with you.  Some how the local NRA paid lobbyist OKed the bill but I have called him to try to change his mind.  The NYSRPA and Scope will not support the bill.  The bill does not include criminal intent so a legal gun owner picking up their child in a parking lot with a rifle in the trunk of their car would be treated the same as a crack dealer with an illegal handgun.  How many legal gun owners would even ever know about the law?  Please e-mail Sen. Saland and tell him that we do not support his bill.
Stephen M. Saland, 41st District, Columbia, part of Dutchess
 946 Legislative Office Building, Albany, New York 12247, 518-455-2411
    3 Neptune Road Suite A19B, Poughkeepsie, NY 12601, 845-463-0840  Email:
    The bill is sponsored in the Assembly by Assemblywoman  Ann Margaret Carrozza, 26th Assembly District, Queens

    7                                                            ...            in or upon a school bus,
    8  or in or upon a building or grounds purchased, used or owned by a  muni-
    9  cipality  for  the  establishment  and/or maintenance of a playground or
   10  neighborhood recreation center  pursuant  to  article  thirteen  of  the
   11  general  municipal law, or by the city of New York for similar purposes,
   12  without the written authorization of  such  educational  institution  or
   13  municipality; or


UPDATE  5/30/01

    I had sent an e-mail to Chris McGrath in Albany about the support of this bill.  He is the NRA paid lobbyist in Albany.  This was his reply.
    We have once again examined this bill and have considered some of the valid objections to the items which do not relate to unauthorized entry upon school buses.  Those issues do give us concern and we do not support any concept which infringes upon the full extent of the carry license (Sec. 400) of the Penal Law.  As I explained to you this bill is not going anywhere and has not even been put on a committee agenda.
    George, rather than continue to beat a dead horse, where we really need your help is on issues like Sen. Maziarz's Eddie Eagle Bill (S. 2119), which we are trying to pass in the Senate and need to generate grass roots support NOW; support of the constitutional amendment to keep and bear arms sponsored by Assemblyman Joe Robach;  OPPOSE the following:
    A. 1534     Matusow         Banning .50 caliber weapons
    A. 2663     Englebright       Restricting sales of rifles/shotguns outside NYC to possible residents in NYC
    A. 2666     Englebright       Sale of  alleged "child operated firearms"
    A. 2776     Englebright       Labeling of shipments of firearms (what we call "Steal Me First")
    A. 5667     Pretlow            Statewide firearms licenses with training component.
    This is what I got from John L. Cushman, NRA board of Directors from Long Island:
Here is what I sent out regarding the Saland bill.
"I spoke to the NRA State and Local Affairs Director, Randy Kozuch.  The NRA is NOT supporting this bill."
    Bills such as:
S-2920/A-1596.  This bill: "Provides a means for providing safety and marksmanship training to an applicant for a pistol license by allowing such applicant to receive temporary, supervised instruction in the safe and responsible use of firearms before such license is issued and permitting the unlicensed possession of a firearm by such applicants for this specific purpose."  This bill would allow anyone who has applied for a pistol license to VOLUNTARILY take a handgun safety class that includes shooting a handgun and  "shall exempt a person providing a firearm used for training and instruction under this paragraph from criminal liability resulting from his or her disposal of a firearm to such unlicensed individual."
S-2302/A-6366   This bill: "Establishes presumption that an applicant for a handgun license has proper cause for issuance thereof."  This bill would turn NY into a real "shall issue" state and stop some of the unfair practices of some issuing authorities.
    So do not get the wrong idea about Sen. Saland

Some of Assemblywoman  Ann Margaret Carrozza's Co-Sponsored Legislation:
A. 2663   Restricting sales of rifles/shotguns outside NYC to possible residents in NYC (Note: listed above in McGraths e-mail)
A. 2776   Labeling of shipments of firearms (listed as multisponsor,) (what we call "Steal Me First") (Note: listed above in McGraths e-mail)
A-1202/S-4291 Directs the superintendent of state police to study "junk" guns.
A-1337A Requires persons engaged in the business of selling firearms to sell them with a locking device; authorizes the award of compensation to individuals injured by any person using a firearm if the person who sold or transferred such weapon to another person did so without providing at the time of sale or delivery a gun locking device.
A-2076 Bans affordable and easily concealable firearms. (Who would want to do that?)

Assembly Speaker Sheldon Silver leads Assembly attack on your gun rights.
    In a repeat of last year, Assembly Speaker Sheldon Silver has announced a renewed attack on your gun rights.Map of Silvers 62th District
By Matt Smith, Ottaway News Service
5/16/01   Albany – Assembly Democrats are taking aim at New York's gun laws, targeting owners who carelessly store their weapons, and calling for a ban on certain rifles and pistols.
     "We have to continue to push for sensible gun legislation and do everything in our power to prevent the senseless taking of lives," Assembly Speaker Sheldon Silver, D-Manhattan, said yesterday in a speech to gun control activists. "We had a good start last year, but it was only a good start."
    The Democratic-run Assembly's gun control proposal includes:
- Slapping gun owners with a felony if their weapons lead to a death or injury after winding up in the hands of a child as a result of careless storage.
- Eliminating cheaply made small-caliber pistols known as Saturday night specials, and banning the sale of .50-caliber rifles known as elephant guns.
- And mandating that all guns sold in the state be designed so that children are unable to fire them.
    The package of bills – which moved through the Assembly Codes Committee yesterday and may be voted on next week – was quickly blasted by the National Rifle Association, sportsmen, and Assembly Republicans.
        All of the bills have good sounding names but if you take the time to read them you will find out that they do a lot more than they claim.  The bill to ban "Saturday night special" would also ban many other guns including Glocks that no one would ever think would fall into the "CHEEP" category.
WORKING--- I will try to have the bill numbers soon

Report on SAS Mother's Day Albany March
5/16/01 by Second Amendment Sisters NYS Coordinator, Geneice Hovak
    The Second Amendment Sisters were pleased with the turnout (approx 150) in Albany along with our allies from SCOPE and NY Tyranny Response Team. All those in attendance left with a sense of pride knowing that they actively participated in the preservation of our second amendment rights.
    George Pataki and crew (Schumer, Clinton, and Spitzer) drew less than 500 in the Liberal bastion of Westchester. Most importantly, Mr. Pataki was aware
of what we were doing in Albany as indicated by his "pickets" remark. It's obvious that Gov. Pataki has no respect for the gun owners in this state. It was evident in his remarks expressing his pride in last years legislation.  Pataki is not willing to address our concerns regarding the trampling of our second amendment rights, but is more than willing to take our tax dollars as his salary and squander the rest on idiocy such as ballistic fingerprinting.
    I'm attaching a program. All speakers were excellent! They all took time out of busy lives to share the day with us, traveling from the farthest parts of the state. If I had to select highlights... It is our greatest hope that Governor George Pataki will be haunted by his actions come election day. That he and others like him will come to know the power of the gun owner vote! Our second amendment rights are NOT negotiable!

Second Amendment Sisters would like to thank all who participated in the Mothers' Day Rally. The rally was successful and we couldn't have done it
without you! or P.O. Box 13986 Albany, NY 12212-0986

Million Mom March News
    Several MMM events were held around the state with the Second Amendment Sisters holding a few.  If you were at any of the events please e-mail me and let me know what happened.  The Albany event by the MMM was called off because of  a nut who called from NJ.  (CLICK HERE TO LINK TO: Death threat cancels Albany anti-gun rally.)  The SAS did have a march but only 75 people showed up.
    The big news was that our wonderful Gov. Mario Pataki showed up at the MMM in White Planes, from the MMM web page: Speakers include Gov. George Pataki, Ossie Davis (emcee), NYS Attorney General Eliot Spitzer and Westchester Co. DA Jeanine Pirro, County Executive Andy Spano ... The event also included: musicians, singers, youth performances and a toy gun swap with area police dept. - children's anti-violence art exhibit will be sent to Congress and President
- NY Sportsmen Alert, Mon, 14 May 2001 07:33:01 EDT- Pataki takes shot at 2nd Amendment Sisters. Quotes from Republican Gov. George Pataki at a Million Mom March event held Sunday at the Westchester County Center. NY Sportsmen Alert Comment:  Those "pickets in front of the governor's mansion" were the Second Amendment Sisters who were rallying in support of the right to bear arms.
As recommended in the past, do not donate moneys to the New York Republican Party or to the Governor.  Make donations to individual politicians who support the Second Amendment and "instant background checks".
    As we have guessed, Gov. Mario Pataki expects to get elected next year without the sportsperson's vote.  His re-election motto is going to be: Gunowners votes? We don't need no stinking gun owners votes to win no election!

- NY Sportsmen Alert -Sun, 13 May 2001
Pataki joined by Democrats Clinton, Schumer, Spitzer at Million Mom March

WHITE PLAINS, N.Y. (AP) -- Putting aside party differences, New York's top Democrats -- including Sen. Hillary Rodham Clinton -- planned to join the state's Republican Gov. George Pataki at a Million Mom March event Sunday supporting strong gun control measures.
    The event in White Plains was one of 10 around the state and four dozen around the country, all held on Mother's Day. The first Million Mom March was held on Mother's Day last year, when tens of thousands of women and their families marched on Washington, D.C. to demand stricter gun control laws. This year's emphasis was on grass-roots events rather than a national rally.
    In addition to Pataki and Clinton, the White Plains event was to include actor Ossie Davis and Democrats Sen. Charles Schumer and state Attorney General Eliot Spitzer.
    Schumer is credited with getting the House of Representatives to pass the Brady bill, with its waiting period for handgun purchases, over opposition from the National Rifle Association.
    Pataki has pushed for some of the toughest gun-control laws in the country, including mandatory trigger locks, ballistic "fingerprinting" to better track weapons, raising the legal age for purchasing handguns from 18 to 21, and requiring background checks on gun buyers at gun shows in the state.
    Spitzer filed a lawsuit last year that made New York the first state to sue the gun industry on the grounds it violated a state law that classifies illegal guns as a public nuisance.
    Other New York events were held Albany, Binghamton, Brooklyn, Buffalo, Long Island, Ithaca, Manhattan, Queens and Staten Island.
    Around the country, Million Mom March chapters had supporters sign pink postcards urging Speaker of the House Dennis Hastert to support federal legislation to make background checks mandatory for firearms purchased at gun shows.
    The organizers also set up a Web site for a "Million Mom Cybermarch" so supporters could sign on to a gun control message that was to be sent to first lady Laura Bush.
Washington Times Editorial, May 15, 2001,  What if they had a rally . . .?


Weapon-scanner raises constitutional concern
    I thought that they already had this but we have another story of a machine that can tell if you are carrying a concealed firearm.  (If my math is correct 3mm is about 0.11811 inches.)  I hope it can also detect undercover police, licensed owners, off duty FBI/police agents, and in NYC all of those unlicensed, unregistered firearms owned and carried by all those UN diplomats.  We will have to see if the courts decide that the use of this device will violate our 4th amendment right of "unreasonable search and seizures,".
    BOULDER, Colo., May 30 (UPI) -- A federal agency is developing a radar-like device that uses electromagnetic waves to peer through clothing and detect concealed weapons from up to 15 meters (50 feet) away.
    The technology is based upon a radar-like apparatus that illuminates groups of people with low-level electromagnetic waves that penetrate clothing but reflect off objects concealed beneath them. The reflected energy is collected, focused onto a detector array and ultimately transformed into an image that is displayed on a policeman's laptop, said sources at NIST.
    "What we are doing is more along the lines of radar," said Erich Grossman, a NIST researcher on the project. "We illuminate an area with high frequency radiation or three-millimeter-wavelength millimeter waves. That allows us to see details but anything finer than three millimeters we won't see."
    Government sources said they hope to have a working prototype of the device by year's end.
    Officials at the National Institute of Justice and the Federal Aviation Administration said they could not provide comment by press time.
    The agencies have funded the project to the tune of $200,000 a year for about three years, said Grossman.

"Don't worry about an Assault Weapons Ban?", then look at Conn.
    Conn. passed an AW ban, so big deal.  Now they are back and want to add more guns to the ban including guns that are used in target shooting.  Not satisfied with just naming names like AR-15, Bushmaster, and other popular guns, they also include a "or looks like" clause.
    From an NRA Fax Alert 5/25/01:
CONNECTICUT:   Last night, the State Senate passed SB 1402, Senators Kevin Sullivan's (D-West Hartford) and George Jepsen's  (D-Stamford) Assault Weapons Bill. SB 1402 was stripped of its original language and was replaced with language banning a  long list of semi-automatic rifles and shotguns with politically incorrect cosmetic features. It also now includes a broad ban on  ammunition magazines and various types of ammunition.
From a NY Times Article: May 29, 2001,  Bill to Ban High-Powered Guns in Connecticut Raises Ire
    Last Thursday, the State Senate approved a bill that would outlaw most of the high-powered rifles — those with magazine cartridges and pistol grips and that could be converted to fire automatically — that are still legal in Connecticut.
    Its supporters say the bill only clarifies a law passed in 1993, which banned specific brands of semiautomatic rifles, and to which gun manufacturers responded by selling similar guns with different names.
    Democratic leaders like Kevin B. Sullivan, the Senate president pro tem, said that the new legislation makes sense, particularly in light of horrors like schoolyard shootings, where children illegally arm themselves with guns bought and owned legally by adults.
    "What we have seen too often in the past few years is that guns bought legitimately end up in the hands of people that don't buy them legitimately," said Roy Occhiogrosso, a spokesman for Mr. Sullivan. "The people that are gun control advocates respect and defend the rights of sportsmen," he added. "There are few sportsmen that hunt deer with assault weapons."
    Of course just about any semi-automatic can in some way be modified into a full auto and I like the part; "Its supporters say the bill only clarifies a law passed in 1993,".  Change that to 2000 and it sounds like NY.  Thanks a lot Sen. Morahan and Gov. Mario Pataki.
    Lets see if I understand this.  I can not own a gun because some day someone else might own it illegally own or use it illegally.  Now I understand.  I am glad that this only works for guns and not cars, knives, baseball bats, rope, tape, cameras, (used in child porno, ...

Mr. Ashcroft thinks that the 2nd Amendment is an individual right
    The NRA sends all new Attorney Generals a letter asking them what they think about the 2nd Amendment.  This time AG Ashcroft wrote, "[L]et me state unequivocally....the Second Amendment clearly protect(s) the right of individuals to keep and bear firearms."
    As you can guess, HCI is screaming like a stuck pig:
"The Attorney General's statement to the NRA undercuts his own Department's position in a pending case,"  asserted Mr. Henigan. "It is astonishing that our nation's chief law enforcement officer would have such a grossly misinformed position on a fundamental constitutional issue. And it is disturbing that Mr. Ashcroft would take a position so closely aligned with the extremist views of the NRA, which opposes all reasonable gun laws.  When it comes to defending our nation's gun control laws in court, do we have a fox in the henhouse?"
(Please note that the article states that the NRA spent $1 Million to help get Pres. Bush elected.  How much did the unions, HCI, NOW, ... spent to get Gore elected?)
An Army of One, The right to bear arms belongs to you, not to the government. by Dave Kopel
This is a great must read article that supports Ashcroft and shows other AG that felt the same way.

Anti-gun Violence Policy Center attacks using lead study
   May 1st.WASHINGTON, DC—The Violence Policy Center (VPC) and the Environmental Working Group (EWG) today released Poisonous Pastime: The Health Risks of Shooting Ranges and Lead to Children, Families, and the Environment. The 71-page study documents how shooting ranges are poisoning children and polluting the environment with lead, yet remain almost entirely unregulated—exempt from even the Bush Administration's new lead pollution reporting rules.
    Poisonous Pastime documents how parents often put their own children at risk because they do not know that their visits to the local shooting range can result in lead poisoning of their children at home. Lead poisoning is known to cause terribly debilitating and sometimes fatal effects on children and adults.
 Study Documents How Shooting Ranges Poison Children; One of the Nation's Top Lead Polluters
    No real need to read all of the 71 pages. The following is an outline of Section Four: Recommendations
Annual NRA meeting
    The NRA had its annual meeting the weekend of 5/21/01 and they had a lot of good speeches.  Please check out the NRA LIVE web site and listen to some of the speeches.  Click on the RECENT NEWS to see past post.  If you have never visited this web page now is a good time to do it.  See the speeches and reports in streaming video with a new report every day.  The best way to see what is current.

McCain, Lieberman Push to Close Gun Show Loophole and  Strengthen Law Enforcement
(Still waiting for a bill #)
    McCain and Lieberman had a press meeting today and guess who else was there?  How about Sen. UpChuck Schumer and Rep. McCarthy and Republican Rep. Castle from Delaware.  You could not wipe the smile off UpChuck's face with a 8" PortaCable sander.  It sounds like they really think that they have something.  They really sounded like they were afraid that they had compromised so much that they thought that they would loose the support of the anti-gunners.  FAT CHANCE!  What BS!  The anti-gunners will vote for anything that brings them closer to their goal and try to pick up more later.  That is why they are doing the "gun-show loophole" now, because they could not go for it when they passed the Brady Bill in the first place.  The bad news is they might be able to pull it off.  It does not really matter to anyone in NY because we already have our own gun show "Instant Check".  (Thank you Gov. Mario Pataki. who had someone call me today asking for money. Guess what I told them.)
    The improvements over past bills are that:
       A Common Sense Definition of a Gun Show
           · McCain-Lieberman eliminates the confusing definition of previous bills and defines a gun
           show as any event where at least 75 guns are available for sale.
           · The bill corrects a flaw in previous bills and excludes from background checks the sale of
           a gun either from the seller's home or to an immediate family member.
       Instant Checks at Gun Shows
           · For the first 3 years, McCain-Lieberman allows for a full 3 business days to complete the
           background check at gun shows.
           · After 3 years, states may reduce background checks between private buyers and sellers
           at gun shows to 24 hours, once DoJ has certified that its records are sufficiently automated
           to prevent prohibited buyers from buying guns.
           · It also authorizes funding for states to improve their criminal history records to make
           background checks faster and more accurate than they are now.
       Strengthening Enforcement and No Onerous Paperwork
           · McCain-Lieberman adds new penalties for those who lie or illegally evade a background
           · It adds funding for new federal law enforcement, Project Exile, and smart gun technology.
           · It requires special licensees who conduct background checks at gun shows to maintain
           the same records that licensed gun stores keep, but it does not require private buyers or
           sellers to keep records.

    The parts that it does not correct are
            ·  That it does not allow an FFL to ship a gun across state lines directly to a buyer who gets
               a DELAY on an "INSTANT" background check and then gets an approval.
            ·  It does not prevent a charge for the "INSTANT CHECK".
            ·  It still allows 3 days for an "INSTANT CHECK".
            ·  Provide no incentives for the states to "sufficiently automate" the required records.  NY has only 85%
               automated records
            ·  Still gives 24 hours for the "INSTANT CHECK".  (What part of INSTANT don't they understand.)
            ·  Includes money for the "Smart Gun Technology".
            ·  Does not stop the FBI's current practice of keeping records of approved checks even though the law states that no records will be kept.

PS:  Is the "INSTANT CHECK" done by the same FBI that has screwed up all those other times and can not even keep track to records in what "must be counted one of the FBI's most important federal prosecutions since World War II" and does not follow the rules covering a fair trial?

British Owner Sells Smith & Wesson
By TRUDY TYNAN / Associated Press Writer/Published Monday, May 14, 2001
     SPRINGFIELD, Mass. (AP) -- Smith & Wesson, the legendary gun maker whose sales plummeted after it pledged to install safety devices, has been sold by its British owner for just $15 million to Saf-T-Hammer Corp., a tiny start-up in Arizona that makes trigger locks.
    Saf-T-Hammer of Scottsdale, Ariz., announced the agreement Monday with Tomkins PLC, which has owned Springfield-based Smith & Wesson since 1987.
    Under the agreement, Saf-T-Hammer assumes liability for the numerous lawsuits filed against Smith & Wesson over gun deaths.
    " That is reflected in the price, " said Michael Blogg, an analyst at the London brokerage Charterhouse Securities. Tomkins paid $112.5 million for privately held Smith & Wesson 14 years ago.
    Mitchell Saltz, Saf-T-Hammer founder and chief executive, said the entire $15 million purchase is being funded by a private investor he refused to identify. The investor will be identified when the company files paperwork with the Security and Exchange Commission in the next two weeks.
    Saf-T-Hammer was founded in 1991 and has just five employees, Saltz said, including President Robert Scott, a former vice president for sales and business development for Smith & Wesson.
 The trigger locks, cables and lock boxes that Saf-T-Hammer makes will be incorporated into Smith & Wesson' s product line, Saltz said.
 CLICK HERE FOR AN ADDITIONAL ARTICLE "New Smith & Wesson owner inherits marketing dilemma "

    Pres. George W. Bush announced an expansion to the PROJECT EXILE that will "is proposing to devote more than $550 million on Project Safe Neighborhoods over the next two years."
                   " We need a national strategy to assure that every community is attacking gun
                 violence with focus and intensity.  I'm here today to announce a national initiative
                 to help cities like Philadelphia fight gun violence.  The program I propose we call
                 Project Safe Neighborhoods will establish a network of law enforcement and
                 community initiatives targeted at gun violence.      I will involve -- it will involve
                 an unprecedented partnership between all levels of government.  It will increase
                 accountability within our systems.  And it will send an unmistakable message:  if
                 you use a gun illegally, you will do hard time.

                      This nation must enforce the gun laws which exist on the books. Project Safe
                 Neighborhoods incorporates and builds upon the success of existing programs.  In
                 Richmond, Virginia, for example, during the first year of what's called Project
                 Exile, homicides were reduced by 40 percent; and armed robberies were reduced
                 by 30 percent, in the first year alone. And thanks to Boston's Operation
                 Cease-fire, in almost two years, no one under the age of 17 was shot."


U. N. Targets American Gun Owners
by Wayne R. LaPierre at
    A push for United Nations action on global gun bans - expected in July - has been preceded with release of a propaganda video that paints its message blood red, and I quote: "A gun born ... a killer is on the loose ... small arms are not fussy about the company they keep ... and they can murder indiscriminately."
   This film - "Armed to the Teeth: The Worldwide Plague of Small Arms" -is a prelude to a U.N. conference on a global gun control scheme that could affect Americans' future right to keep and bear arms.
    "The United Nations Conference on the Illicit Trade in Small Arms and All Its Aspects" will be held in July at U.N. headquarters in New York.

For Immediate Release:  4/23/2001
           Washington, D.C. - Sarah Brady, Chair of Handgun Control, issued this statement today, following an interview Friday night on CNN's "Larry King Live," in which she revealed she is undergoing treatment for lung cancer.
           "I want to thank all those who have wished me well. Your good wishes and prayers mean more to me than you'll ever know. I am feeling fine and Jim's humor is helping keep my spirits up. I've fought many tough battles before, and I'm going to fight this one in the same way I've fought for a safer America.
           "While my recovery is certainly challenging, I am still focused on the work ahead of us to reduce gun violence.  Working with our supporters all across this great nation, I know we can make that happen."

A 12-year-old girl who shot and killed her mother's attacker will not be charged, police said Tuesday.
The Associated Press, Published: May 1, 2001, CLARKSDALE, Miss. (AP)
The girl was asleep in her room when Anthony Fox chased her mother into their apartment, forcing his way through the door, Detective Danny Hill said.
"She heard the commotion and she knew from past experience what was going on," Hill said.
The girl saw Fox choking her mother, grabbed her mother's pistol and fired a single shot into his chest, Hill said.
The county coroner said Fox, 25, died of a single gunshot wound to the chest Saturday at an area hospital.
Fox had been arrested for domestic violence against the girl's mother, his on-and-off girlfriend, at least twice, Hill said.
A youth court judge ruled the shooting self-defense, Hill said. The girl's name was withheld because of her age.

AP-ES-05-01-01 2320EDT

AMA's new Pres. to push for more gun studies.
    AMA Joins Gun Grabbers ,, Tuesday, May 1, 2001

        Spurred on by their president-elect, the American Medical Association is getting ready to take on the defenders of the Second  Amendment. Some AMA members are vowing a last-ditch fight to stop what foes say is just thinly disguised anti-gun propaganda.
    According to Chicago Business, under its president-elect, Richard F. Corlin, the AMA is primed to call for increased funding to study data on firearms injuries at its June 20 annual meeting – a ploy, Second Amendment advocates warn, that puts the national medical association squarely on the side of anti-gun radicals.
    Said Dr. Michael Brown, a Vancouver, Wash., optometrist and a member of Doctors for Sensible Gun Laws: "There is so much potential for misusing the data for political purposes. We have very little faith they would deal with it honestly."  "The doctors that go into medical politics like this are almost always the urban liberal-type folks."
    "They are not scientists; these are social planners," said John A. Bennett, an AMA member and a member of Doctors for Sensible Gun Laws, referring to the doctors who undertake research on firearms issues.
    The planned call for more research funding will not be universally welcomed at the annual meeting, however. There have been objections, notes Chicago Business. "The dissension reportedly extends into the AMA's boardroom, where, one source says, 'there wasn't unanimity.'"


 Times Herald-Record