| Firearms Industry's Last Chance Commentary by Richard W. Stevens, Esq.
 Read this sentence twice:  Your rights are meaningless if 
you can’t afford to exercise them.
 The current wave of lawsuits against gun makers and sellers 
might well kill the Second Amendment. If the lawsuits succeed, 
most Americans will not be able to afford to keep and bear arms.  
Their Constitutional right will be dead.
 Using civil lawsuits, the anti-firearms lobby might well 
prevent average, non-violent, law-abiding Americans from 
obtaining firearms and ammunition. Lawsuits pending in New 
Orleans, Chicago, and other cities seek to hold gun manufacturers 
and sellers liable for the criminal or negligent misuse of 
firearms by others.
 It’s real simple. Person A unlawfully shoots Person B. 
Person B goes to the hospital. The City pays the bill, because 
Person B is poor. The City groups all of the cases like this 
together and sues the manufacturers and distributors of the 
firearms to get the money for the hospital bills. Multiply the 
lawsuits by the number of cities who use this tactic. 
 To defend these suits, according to a Washington Post 
report, the firearms industry might hire the same law firms and 
lawyers who represented the tobacco companies. Several states 
had sued the tobacco companies for the costs of caring for low-
income smokers. The tobacco companies lost. 
 President Clinton has just announced he would order the 
Justice Department to sue the tobacco companies again. The 
multi-hundred billion dollar settlement of the state lawsuits did 
not protect the tobacco companies from a future federal lawsuit. 
 If they use the same tobacco company defense lawyers and the 
same old strategies, then the firearms industry can expect to 
lose. Defense lawyers, as a breed, usually focus on the 
plaintiff’s legal allegations and try to defeat them. That 
short-term approach lets the plaintiff define the terms of the 
lawsuit. Unless the defense lawyers win these cases decisively 
and early (by rarely-successful motions to dismiss), the 
litigation must continue all the way to settlement or trial. 
Then comes the flood of lawsuits. Win or lose, the costs of 
defending the suits mount. Jury verdicts and lawsuit costs tax 
the industry and drive insurance premiums sky high. Guns and 
ammunition will become either much more expensive or 
unavailable. 
 Huge corporations, like Dow Corning, have folded in recent 
years because of litigation. Firearms companies are next. 
 The firearms industry needs to take control of these 
lawsuits by taking control of the whole "gun control" debate. 
They need to mount a public relations campaign that reaches 
average Americans. The campaign must cause people to view these 
lawsuits as crazy and dangerously un-American -- and it must 
destroy the credibility of gun prohibitionists.  
 Here’s step one of the plan. Run advertising that makes 
these simple gut-level points:
  Firearms protect many times more lives than are lost to 
criminal violence. (Dramatize the statistics from Professors 
Kleck and Lott, and use actual first-person stories.)
  "Gun control" is a racist policy. (Use the actual stories 
and laws described in JPFO’s 
"Gun Control" Is Racist 
booklet.)
  It is silly to sue the maker of a product for injuries 
caused by criminals and others who deliberately or carelessly 
misuse it. (Remember when the burglar sued the homeowner for 
injuries?)
 Every American must receive these messages. Daily. On the 
radio, in the magazines and newspapers, in direct mail flyers, on 
the backs of coupons, on billboards, on television. The firearms 
industry and lovers of liberty must unite, and they must 
permanently plant these messages into the mainstream of American 
understanding. Most Americans are uncomfortable with dangerously 
silly and/or racist ideas. Because of this, all Americans, and 
most especially juries, should instinctively distrust these 
lawsuits. 
 JPFO has the information and materials available to 
launch the campaign right now. The firearms industry can win 
-- but only if they change the terms of the debate. 
 
About the author, Richard Stevens
 
 This article comes to you courtesy of JPFO, Inc., America's aggressive, 
no-compromise, civil rights organization. JPFO offers books, booklets, children's 
materials, timely articles, billboard messages and Internet e-mail alerts. Bold 
strategies using these materials can motivate all Americans to celebrate and 
preserve all of the Bill of Rights for all citizens -- including the fundamental 
right to keep and bear arms. Contact JPFO at P.O. Box 270143, Hartford, WI 
53027 or by calling (262) 673-9745. Website: 
www.jpfo.org
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