Mission Accomplished, Gun Makers Suspend HUD Suit

NEWTOWN, Conn., Jan. 5 /PRNewswire/ — The National Shooting Sports
Foundation and seven major law enforcement firearms manufacturers today
suspended their lawsuit against Housing and Urban Development Secretary
Andrew Cuomo, New York State Attorney General Eliot Spitzer and 38 other
government officials and municipalities, citing the imminent departure of
Secretary Cuomo and the lawsuit’s success in halting an illegal government
conspiracy against responsible firearms manufacturers.

The lawsuit, charging a violation of the Commerce Clause of the United States
Constitution, sought an injunction to halt efforts by Cuomo and others to
impose arbitrary regulations on the design, manufacture, distribution and
sale of firearms. The lawsuit was filed on April 26, 2000, in the United
States District Court for the Northern District of Georgia.

“We filed this lawsuit to stop an illegal conspiracy among certain government
officials that sought to abuse and cause economic harm to a responsible and
law-abiding industry. It is now clear to us, based on legal documents filed
by the defendants, that our lawsuit has achieved its primary objective,”
commented Robert T. Delfay, president and chief executive officer of the
National Shooting Sports Foundation. “In addition, it is clear that the
election of George W. Bush changes the dynamic regarding this pattern of
government abuse coached by President Clinton and quarterbacked by Secretary
Cuomo,” Delfay said.

In March of 2000, Secretary Cuomo, New York Attorney General Spitzer and
other government officials announced formation of a coalition to coerce
firearms manufacturers to abide by an arbitrary and politically motivated
list of firearms regulations entitled the “Code of Conduct” as a condition to
supplying firearms to members of the coalition. In the words of Attorney
General Spitzer, “We want every appropriate government entity to agree to
purchase firearms only from companies that have signed a comprehensive code
of conduct.” Spitzer said the objective of the coalition was to ” …
boycott gun manufacturers who fail to adhere to a new safety code.”

Notwithstanding the bluster of their bosses when the conspiracy was
announced, lawyers representing Cuomo, Spitzer and the other government
officials told a federal court judge in Atlanta, last month, that the gun
procurement laws and regulations “have not been adopted, implemented or
enforced” and that they are ” … purely hypothetical guidelines.” Spitzer’s
attorney conceded, ” … no code has been approved, much less applied to the
purchase of firearms.” Meanwhile, Cuomo’s attorney claimed that the
government officials have ” … only made vows, pledges or other statements
of support for purchasing preferences that are based on proposed criteria.”

A recent Roper Starch Survey conducted in the weeks following the election
indicated that reaction to government harassment against responsible firearms
manufacturers was a factor in tens of thousands of hunters and gun owners
voting for George W. Bush and against Al Gore. The survey asked licensed
hunters who also voted if they were aware of the city lawsuits brought
against firearms manufacturers. Twenty-six percent of respondents said that
they were aware of the lawsuits and of those, 52 percent indicated the
information had “some” or “a great deal of influence” on their election
decision. These lawsuits, much like the Cuomo coalition, sought to force
manufacturers to abide by an arbitrary list of practices developed by city
officials and others.

Gun makers were joined in their lawsuit by police groups including the Law
Enforcement Alliance of America and the Southern States Police Benevolent
Association citing concern for law enforcement officer’s safety caused by
politicizing the selection of law enforcement firearms.

“We will renew our suit against any government official that attempts to
implement unconstitutional procurement laws in the future.” Delfay said.

SOURCE National Shooting Sports Foundation

CO: National Shooting Sports Foundation

ST: Connecticut, Georgia

IN: SPT

SU: LAW LEG

01/05/2001 16:29 EST http://www.prnewswire.com