For Immediate Release:
Pro Gun Lawsuit to be Filed in Mid September,
Requires Support
Dear 2nd Amendment Supporters,
The Civil Liberties Defense Foundation was
formed in 1999 for the purpose of providing educational information relating to
the preservation of the civil liberties guaranteed by the Bill of Rights of the
U.S. Constitution and to provide legal services necessary for the protection of
those rights.
CLDF IS CURRENTLY RAISING THE FUNDS AND
LAYING THE LEGAL GROUNDWORK FOR A LAWSUIT TO PROTECT YOUR SECOND AMENDMENT
RIGHTS.
In 1999, 76 Texas state representatives and
many senators fought for and succeeded in passing S.B. 717, which now prohibits
Texas cities from filing frivolous lawsuits against gun manufacturers,
retailers, and ammunition producers.
Despite their noble efforts in Texas, 31
U.S. cities and the state of New York have filed frivolous lawsuits against the
gun manufacturers and many retailers in an effort to achieve gun control through
the courts and ultimately bankrupt the gun industry.
The lawsuits have already had an adverse
effect on gun manufacturers. Colt has announced that because of the lawsuits
they will no longer sell certain handguns to the public. In addition, several
manufacturers have filed for bankruptcy protection, with more expected to do so
in the near future.
Most recently, Smith & Wesson signed an
agreement with the Clinton Administration that bypasses the legislative process
and imposes gun control on Smith & Wesson, the gun stores that buy from
them, and us. If this agreement goes into effect, it will require all would-be
firearm purchasers to undergo government-approved training; it will require all
sales to be recorded in a database linked to the BATF; it will require all
firearms sold to be equipped with "smart-gun" technology within three
years; and it will require the manufacturers to use 1% of their gross income to
fund anti-gun education.
THE EVENTS THAT HAVE TRANSPIRED AS A DIRECT
RESULT OF THE LAWSUITS AGAINST THE GUN INDUSTRY THREATEN, AND MAY IRREVOCABLY
DAMAGE, THE RIGHT OF AMERICANS TO KEEP AND BEAR ARMS.
In light of this precarious situation, many
of the original sponsors of S.B. 717 have concluded that legal action can and
should be taken to protect our rights. As such, a lawsuit will be filed on their
behalf, and for the benefit of all Americans, against the cities and state that
have conspired to deprive us of our Second Amendment rights.
THIS LAWSUIT WILL BE FILED IN
MID-SEPTEMBER.
In addition, several Texas gun stores have
expressed an interest in becoming plaintiffs in the lawsuit and will be suing
under the Commerce Clause of the U.S. Constitution (Art. 1, Section 8, cl. 3),
which forbids state and local governments from enacting laws or policies that
place an undue burden on interstate commerce. Based on the Commerce Clause, the
U.S. Supreme Court has consistently held unconstitutional state and local laws
that seek to regulate business in other states and will certainly frown upon the
current attempts.
The objective of this project is to protect
the right to keep and bear arms and the right to participate in interstate
commerce by holding the cities liable for conspiring to deprive American
citizens and gun dealers of these rights.
We want to put a stop, once and for all, to
the attempts by litigious attorneys to hold lawful industries strictly liable
for the criminal misuse of their products.
If we do not stop them now, the alcohol,
automotive and countless other industries will be attacked next, thus sending
prices skyward and affecting the availability and affordability of products for
the average consumer.
Over 30 lawsuits have been filed against
the gun industry, and the Department of Housing and Urban Development is
threatening to sue the industry on behalf of public housing residents if the
remaining gun manufacturers do not follow the lead of Smith & Wesson and
yield to the extortion of the cities.
The lawsuits are being funded by gun
control groups across the nation and by the attorneys who made billions from
suing the tobacco companies. Our effort to preserve your freedom is a classic
case of David and Goliath. As such, we need your financial support to persevere.
It is estimated that litigation of this
magnitude will cost upwards of $500,000. In addition, we must also raise enough
money to launch a public relations campaign to convince the American people that
the legal system should not be abused, nor should lawful industries be
frivolously attacked by trial attorneys or public officials seeking to bypass
the legislative process to achieve policy goals, while lining their own pockets.
If you believe in the principles upon which
this great nation was founded, if you believe as Thomas Jefferson did that
"no Free man shall ever be debarred the use of arms," then you should
join us in our effort to preserve and protect the Constitution and the
unalienable rights endowed to us by our Creator.
Edmund Burke once said, "all that is
necessary for evil to prevail, is for good men to do nothing." We beseech
you, do not stand by as our freedom is stripped from our hands.
Please make a contribution to this historic
effort today. You may do so by sending a check or moneyorder to:
Civil Liberties Defense Foundation P.O. Box
163653 Austin, Texas 78716
or you can use your Mastercard or Visa to
make a donation on our website at http://www.LibertyDefense.com
Thank you for assisting us with this great
cause.
We also encourage you to visit our website
and subscribe to our E-Mail News service in order to receive updates on the
progress of the lawsuit.
Sincerely,
Suzanna Hupp
Texas State Representative
Rick Green
Texas State Representative
Jerry Patterson
CLDF President,
former Texas Senator