The City of Cincinnati experienced American justice at its finesth this week when Judge Robert P. Ruehlman dismissed the city's reckless lawsuit against certain firearm manufacturers and one distributor. Judge Ruehlman's decision was made "with prejudice," meaning Cincinnati cannot attempt to amend and refile the suit. This decision sends a strong message to all other municipalities that have filed similar reckless suits in an attempt to hold lawful, legitimate manufacturers responsible for the criminal and negligent misuse of their products. Judge Ruehlman's decision stated, among other things, that, "the City's complaint is an improper attempt to have this Court substitute its judgement for that of the legislature.... [O]nly the legislature has the power to engage in the type of regulation that is being sought by the City here. Moreover, the City's request...exceeds the scope of its municipal powers and...violates the Commerce Clause of the United States Constitution."
"This is a major victory for those who believe, as NRA members believe, that we must hold criminals accountable for their crimes," said NRA-ILA Executive Director James Jay Baker. "And this dismissal is a major blow for the greedy attorneys seeking enormous contingency fees and for the mayors seeking scapegoats to blame for their own failure to enforce current laws and prosecute violent criminals. We are confident that other cities that have filed such reckless lawsuits will soon hear the same message." Baker noted that most Americans oppose these types of lawsuits. "In poll after poll, the vast majority of Americans believe these suits are wrong," Baker said. "The very notion of trying to hold a third party that operates in total compliance with the law responsible for the deviant, criminal actions of another is a notion that flies in the face of common sense and our system of American jurisprudence."
During the past year, NRA has successfully worked to enact legislation in 13 states to prohibit municipalities from filing such reckless lawsuits against firearms manufacturers. Included are Georgia and Louisiana, states in which such reckless suits had been filed. Additionally, U.S. Representative Bob Barr's (R-Ga.) H.R. 1032, which would prohibit any litigation that seeks to hold manufacturers, distributors, dealers, and importers who deal in non-defective firearms responsible for the misuse of their products, is still awaiting action by the U.S. House. NRA will continue with its legislative efforts on this front -- efforts that are drawing greater support as it has become more evident that these suits are totally without merit.
In a move that likely will add up to $25 to the price of each new handgun, United Parcel Service (UPS), the world's largest package distribution company, has stopped delivering handguns through its ground service. On October 11, the company began requiring that all handguns be shipped Next Day Air-- UPS's most expensive shipping option. "We're trying to protect ourselves from employees stealing and criminals stealing," a UPS spokesman told the Associated Press. "Any way you look at this is going to result in a dramatic increase in the cost of getting the product to market," Steve Schneider, owner of Atlantic Guns in Silver Spring, Md., told the Washington Times. "UPS is penalizing our industry for their inability to maintain security at their facilities. Absolutely, we will have to look elsewhere for a shipper." Not everyone thinks the UPS's decision to penalize its customers for its failure to prevent its employees from stealing their property is strange. Paul Jannuzzo, vice president of Glock, Inc., told AP that his company will continue to ship with UPS, passing the increased cost on to dealers, who, most likely will pass their costs on to consumers. "If it will cut out the theft problems, it will be a good thing," Jannuzzo said. Manufacturers who don't think the UPS move is such a "good thing" no doubt will be contacting RPS, Inc., the Pittsburgh-based FDX Corp. subsidiary that competes directly with UPS, but allows ground shipment of handguns. In light of these changes in UPS polices, and considering possible security risks implied by the need for such changes, NRA members might also want to consider RPS for shipping firearms or any other valuable or personal items. RPS can be reached at 1-800-ROADPAK® (762-3725) for customer service, or 1-800-WePikup (937-4587).
COLORADO
On Thursday, October 14, The Gun Violence Prevention Group (GVPG),
organized with the help of HCI and Colorado Springs City Councilmen
Ted Eastburn and Richard Skorman, will host a forum on "Guns,
Violence, and the Public Health" featuring anti-gun Dr. Arthur
Kellermann as the only speaker. Professor John R. Lott, Jr., author
of More Guns, Less Crime -- the book based on his ground breaking
research that shows Right To Carry laws help to reduce violent
crime -- even offered to attend the forum at his own cost to offer
a balanced presentation, but his offer was rejected. A panel discussion
on gun violence lead by local business and civic leaders will
follow. The purpose of this one-sided "forum" and panel
discussion is to fuel the GVPG's sweeping anti-gun agenda -- which
includes, gun rationing, gun storage mandates, and even a gun
ban, to name a few items -- and is to be presented to the Colorado
Springs City Council later this month. A strong showing of gun
owners at the forum is critical if we are to stop these attacks
on our rights. Please attend to show your respectful opposition
to these "gun control" schemes! The forum will be held
on Thursday, October 14, at 6 p.m., at Centennial Hall, located
at 200 South Cascade Ave. in Colorado Springs. Please urge family,
friends, and fellow firearms owners to attend as well.
VIRGINIA
NRA-ILA Volunteers will meet Thursday, Oct. 21, at the Rappahannock
County Public Library, from 7:30 p.m.-9:30 p.m., to discuss how
NRA members and gun owners can work together to ensure that pro-gun
lawmakers are elected or re-elected this Nov. 2. This is a prime
opportunity for you to meet some of your fellow NRA-ILA volunteers
and pro-gun Del. Jay Katzen (D), who will speak to the group,
so please make plans to attend. This meeting will also provide
a great networking opportunity to put in place our volunteer corps
for the all-important 2000 elections. Admission is free. For more
information, or to reserve your spot, call Walt Longyear at (540)
675-3679.
=+=+=+=+
This information is provided as a service of the National Rifle
Association Institute for Legislative Action, Fairfax, VA. This
and other information on the Second Amendment and the NRA is available
at: http://WWW.NRA.Org
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