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September 16th, 2023
Everytown Comes Out from Behind the Curtain
By Larry Keane, NSSF Senior V.P. and General Counsel
For years, gun control organizations have been seeking to dismantle the bipartisan Protection of Lawful Commerce in Arms Act (PLCAA). That’s the crucial federal law shielding firearm manufacturers and sellers from frivolous lawsuits designed to bankrupt law-abiding businesses by blaming them for the criminal misuse of lawfully-sold firearms … and impose gun control through court-ordered settlements. It is what former Clinton Secretary of Labor Robert Reich dubbed “regulation through litigation”.
Gun control advocates have unsuccessfully urged Congress to repeal the law, falsely claiming it provides total immunity from all lawsuits — a falsehood regularly repeated by President Joe Biden even though the media has fact-checked him and said it is not true. In court, these groups have unsuccessfully challenged the PLCAA’s constitutionality. Attorney General Merrick Garland testified before Congress that the PLCAA was Constitutionally-sound, despite the contrary rhetoric coming from The White House and the gun ban lobby. They continue to ask courts to misapply the law’s exceptions (disproving the total immunity claim). All these efforts are designed to open up a new floodgate of frivolous litigation against the industry not seen since the late 1990s and early 2000s. It was that litigation which the bipartisan PLCAA prevents.
Now, the enemies of the Second Amendment have opened up a new line of attack on the PLCAA. Surreptitiously led by the Bloomberg-funded Everytown for Gun Safety, they have convinced a few “Blue” antigun legislatures to pass unconstitutional “public nuisance” (anti-PLCAA) statutes. These statutes attempt an end run around the PLCAA to set the table for a renaissance of reckless lawsuits against members of the industry. NSSF is challenging the Everytown-backed laws in New York, New Jersey, Delaware, California, Illinois, Washington and Hawaii.
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Everytown’s masquerade as a champion of responsible firearm regulation is a sham. Their actions speak louder than their hollow words. By actively participating in “public nuisance” lawsuits and championing laws like Hawaii’s HB 426, Everytown lays plain its intention to undermine the PLCAA and smother the firearm industry with irrational restrictions that only erode the Second Amendment rights of Americans and do nothing to make communities safer. Their track record of manipulating tragic events for their own political gain is morally reprehensible.
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February 13th, 2019
Marlin 1895 Background image from Sportsmans Arms, Petaluma, CA.
Are the days of private gun sales numbered nationwide? Democrats in the U.S. House of Representative have introduced an extreme gun control measure, H.R. 8, that would regulate all private gun sales, circumventing state laws covering gun rights. American Military News reports: “A new bill restricting private gun sales is expected to move to the floor of the U.S. House of Representatives this week for a vote. The bill, H.R. 8, was introduced by [House] Democrats. H.R. 8 plans to stop Americans from conducting private gun sales as they have been since 1791. Instead, they will be required to conduct background checks on prospective buyers before they can sell their own property. The House Judiciary Panel is expected to send the bill to the floor for a vote on Feb. 13.”
Background Checks Would Be Required Nationwide for ALL Private Party Gun Sales
This new legislation would essentially require that ALL gun sales, even between private parties, be subject to Federal NICS background checks.* On the surface, this seems to have some appeal, but there is little convincing evidence that such legislation will produce a meaningful reduction in gun violence. Why? Criminals obtain guns illegally (though theft and the black market), and nearly all the mass shooters in recent years have used weapons that were obtained legally, AFTER the perpetrators had passed normal FBI background checks.
Despite these facts, supporters of H.R. 8, say it is time to outlaw private gun sales. Rep. Henry C. Johnson (Democrat, Georgia) claimed: “Because background checks are not required for sales by unlicensed gun dealers, guns end up in the hands of dangerous people. The failure of Congress to pass universal background check legislation has eroded our sense of safety on the streets, in our schools, and even in our places of worship.”
Conversely, gun rights supporters state that H.R. 8 will NOT have the desired effects. Rep. Doug Collins (Republican, Georgia) stated: “I appreciate the efforts of those who want H.R. 8 and many who have signed on, but similar gun control measures would not have prevented Columbine, San Bernardino, Charleston, or other tragedies. You go to the Bureau of Prisons, when they put out their statistics, most criminals — as you well know — do not get their guns from legal sources.”
* Some states, such as California, already require background checks, made through an FFL, for private-party transfers. But in many other states, a private party can still sell a firearm to another private party, provided there is compliance with applicable state and local laws.
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April 28th, 2018
The administration of New York Governor Andrew Cuomo has declared war on the firearms industry with a campaign that some believe amounts to State-supported blackmail. Major New York State government agencies have pressured financial and insurance companies who do business with producers of firearms, ammunition, and related products. Both the N.Y. Department of Financial Services and the N.Y. State Controller’s office have tried to compel banks and insurers to abandon the gun/firearms industry. The messages sent to banks and insurers were not subtle.
According to the New York Daily News, “Gov. Cuomo’s administration is urging banks and insurance companies in New York to reconsider any ties they have to the gun industry”. Two powerful New York State agencies have been involved so far…
First State Controller Thomas DiNapoli, director of New York’s State Pension Fund, issued letters to credit card companies “urging them to crack down on gun purchases” according to the N.Y. Daily News. “If gun violence continues unabated in society, public outcry and calls for action may grow and create significant financial risk for the company,” DiNapoli wrote.
This was followed by threatening letters from N.Y. Department of Financial Services Superintendent Maria Vullo. In her official capacity, Vullo wrote that her agency “urges all insurance companies and banks doing business in New York to join the companies that have already discontinued their arrangements with the NRA, the gun industry, or other promoters of guns, and to take prompt actions to manage these risks and promote public health and safety”.
 New York State Rifle & Pistol Association President Tom King stated that Superintendent Vullo’s communication was a “veiled threat” that could be viewed as “extortion”.
Thankfully, some gun industry leaders have taken notice of New York’s actions and are standing firm in opposition to New York’s attempt to threaten banks and insurers. This message was posted by Hornady yesterday on its Facebook page:
Who does Gov. Andrew Cuomo think he is, telling New York banks and insurers to blackball the gun and ammo industry?
Steve Hornady, President of Hornady Manufacturing, responded:
The State of New York did one of the most despicable acts ever perpetrated by any state by asking New York banks, financial institutions and insurance companies to stop doing business with the gun and ammo industry. While it may not make a difference to New York, Hornady will not knowingly allow our ammunition to be sold to the Government of the State of New York or any N.Y. agencies. Their actions are a blatant and disgusting abuse of office and we won’t be associated with a government that acts like that. They should be ashamed.
COMMENT: These New York officials seem to forget that the firearms industry provides essential products for law enforcement and the military, as well as civilians. Who will arm our police if the firearms industry is shut down or bankrupted? And these New York officials forget how firearms are used for self-defense by tens of millions of Americans. This is yet another example of an extreme, radical anti-gun agenda that now infects even the highest levels of government in New York State.
What Do YOU Think of New York’s Attack on the Gun Industry
What’s your view of these actions by New York state agencies? Ask yourself, how would the mainstream media react if New York’s state officials attacked other key industries? What is the best response to this anti-gun activism by Gov. Cuomo’s administration in New York?
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April 12th, 2018
The American Federation of Teachers (AFT) plans to boycott Wells Fargo unless that bank stops doing business with the NRA and gun makers. AFT President Randi Weingarten stated: “We’re issuing Wells Fargo an ultimatum — they [sic] can have a mortgage market that includes America’s teachers, or they can continue to do business with the NRA and gun manufacturers. They can’t do both.” The AFT has publicly stated that if Wells Fargo continues to support firearms businesses and the NRA, the AFT will discontinue its popular Wells Fargo mortgage program offered to teach union members. According to Bloomberg, Wells Fargo has loaned more than $430 million to firearms companies over the years. Wells also operates accounts for the NRA.
Report by Dave Dolbee of Cheaper Than Dirt Blog
Last week, the AFT released correspondence between Weingarten and Wells Fargo President Tim Sloan. The release outlined the union’s concerns about Wells Fargo’s connections with the NRA — as well as its threat to stop offering Wells Fargo mortgages, if Wells Fargo continues being the NRA banker. The Wells Fargo mortgage program is part of the Union Privilege program. More than 20,000 AFT members currently hold mortgages through the program.
If Wells Fargo fails to meet the AFT’s demands, the AFT says it will push other Union Privilege organizations to boycott Wells also. The AFL-CIO was copied on the AFT’s demands to Well Fargo.
AFT President Weingarten declared: “The lives of students and educators must be valued more than guns. This is America — Wells Fargo has the right to be the NRA banker, but we have rights too. That’s why if Tim doesn’t ditch his guns business, we’ll ditch Wells Fargo. No words will dissuade us from our view that our society must value people over profits. We have a responsibility on behalf of our members and their students who face potential gun violence every day.”
Dave Dolbee asks some key questions about this AFT ultimatum: “I wonder how the members of the ATF feel about the move. I mean, did the membership vote for this?” Dolbee wonders if the interests of the majority of AFT members are really being served by this boycott, or whether an extremist policy has been adopted based on the political viewpoints of a handful of AFT leaders.
Points to Ponder — Guns vs. Cell-Phones
While the events in Parkland, Florida were tragic, and the nation must develop strategies to prevent the recurrence of such incidents, there are other risks to young students that may be statistically far more significant than gun violence. Newsday.com reports that over 3000 school-age teens die every year in vehicle accidents caused by texting while driving. Another 300,000 teens are injured in texting-related driving accidents.
That works out to 54 teen deaths per week from texting while driving. That is three times the Parkland HS death toll. Will the AFT teachers’ union demand that Wells Fargo stop doing business with smart-phone manufacturers or cellular providers? By distracting teen drivers, cell phones kill countless more students every year than do firearms. So which problem truly deserves more attention from policy-makers?
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