<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>From: David Kopel
Sent: Sunday, March 19, 2000 12:52 PM
Subject: Kopel analysis of S&W
Here's my first item for the National Review website. You will notice that it's
a wee bit longer than 300 words. In fact, it's 3,402 words.
Nevertheless, I think your audience will find it quite useful, since it's the
ONLY item on the web with a point-by-point analysis of the S&W/Clinton
agreement.
Given the item's length, perhaps you might want to consider it for the print
edition.
I promise that future items will be much shorter; but this topic really
required
a longer treatment.
Best wishes,
Dave
Smith & Wesson's Faustian Bargain
By Dave Kopel
Connecticut handgun manufacturer Smith & Wesson has earned the dubious honor of
becoming Bill Clinton's favorite gun company. By agreeing to modify its product
design and distribution, the company earned a promise not to be sued by Andrew
Cuomo's Department of Housing and Urban Development, by the Attorneys
General of
New York and Connecticut, and got some-but not all-of the cities which have
sued
the company to drop their lawsuits.
Smith and Wesson says that if it had not stopped the suits, the company would
have gone out of business within a year, due to attorney fees. But it should be
noted that other gun companies are under equally great financial pressure, and
have not capitulated. A bankruptcy filing can allow a company to survive during
a temporary period of severely negative cash flow.
A second reason is that Smith and Wesson is a subsidiary of a British
conglomerate, Tompkins PLC, and the conglomerate ordered Smith and Wesson to
surrender.
The third reason is that the agreement will have only a moderate effect on the
way Smith and Wesson does business. At the same time, the contract terms--if
enforced against other gun companies--could drive them out of business. The
application of the agreement to several of Smith & Wesson's smaller
competitors,
or to Glock (one of the largest and most successful handgun companies) would
destroy them. Thus, Smith and Wesson gains an advantage, by agreeing to terms
which will harm its competitors.
The positive short-term consequences for the company will be increased
government sales and reduced litigation expenses. Litigation expenses will
remain substantial, however, since at several jurisdictions (including Chicago
and Wayne County, Michigan) will not sign the agreement, and will keep Smith &
Wesson in court.
The negative consequences will be that Smith & Wesson will lose many retail
dealers, and so that Smith & Wesson guns will no longer be found in almost
every
firearms store. In addition, gun buyers who care about Second Amendment rights
will stop buying Smith & Wesson products. It is entirely possible that one or
more activist groups will organize a boycott.
Kristen Rand, from the gun prohibition group the Violence Policy Center,
accurately forecast the industry reaction: "There will be a firestorm in the
industry in which every other manufacturer will treat Smith & Wesson as a
pariah. In the gun culture, Clinton equals Satan and they will see that Smith
has just made a deal with Satan." (Although if Clinton were actually a devil,
perhaps "Billzebubba" might be the demon's name.)
Of course if S&W cared about its sister companies, S&W would not have
capitulated in the first place. The combined effect of fewer dealers, fewer
customers, and massive ill-will will be that Smith & Wesson will eventually
lose
its position as the leading handgun manufacturer.
In the long term, S&W has increased the chances that it, along with every other
handgun manufacturer, will be destroyed. S&W has legitimated frivolous lawsuits
against financially vulnerable businesses, and has thereby encouraged the
victimization of many other business by abusive lawyers and prohibition groups.
S&W has strengthened the hand of Handgun Control, Bill Clinton, and anti-gun
politicians. The wording of the agreement implicitly legitimates the lies and
fear-mongering of these prohibitionists. Once the current round of lawsuits has
played out, the gun prohibition groups and their politicians will resume their
campaign to destroy the American firearms business, starting with handgun
companies. S&W's appeasement buys the company, at best, a short period before
its enemies, strengthened by the appeasement, resume their attacks. Appeasement
didn't save France, and it won't save S&W.
Here's what in the agreement, according to the official summary on the HUD
website. My explanation is in [brackets].
All handguns must meet the following safety and design standards:
Second "hidden" serial number, to prevent criminals from obliterating serial
numbers. [Already done by many gun manufacturers.]
External locking device sold with all guns within 60 days. [S&W has been giving
away locks with every handgun since 1997.]
Internal locking device on all guns within 24 months. [The lock that S&W will
use can be left in the "open" position permanently.]
Smart Guns -- Authorized User Technology. Manufacturers commit 2% of annual
firearms revenues to the development of authorized user technology. Within 36
months, authorized user technology will be included in all new firearm models,
with the exception of curios and collectors' firearms. If top eight
manufacturers agree, authorized user technology will be included in all new
firearms. [Note that the new technology is for new models only, not new
production of current models. S&W has already been working at personalization
technology. So far, solving the problem of putting a computer in a gun-and
making the computer work 100% reliably-has proven extremely difficult. Buyer
resistance to guns that only work 99% of the time is likely to be very serious.
To the extent that this agreement helps pass legislation to mandate so-called
smart guns, the agreement will put S&W's competitor Glock out of business;
Glock
has made a business decision not to invest millions of dollars in
personalization technology that may never work reliably.]
Child Safety. Within 12 months, handguns will be designed so they cannot be
readily operated by a child under 6. [S&W guns already conform to this. The
revolvers have a 10 pound trigger pull, and the semi-automatic pistols require
that the slide be pulled.]
Performance test. All firearms will be subject to a performance test to ensure
safety and quality. [Common industry practice already.]
Drop test. All firearms will be subject to a test to ensure they do not fire
when dropped. [No handgun manufacturer in the U.S. makes guns which fail the
drop test.]
All pistols must meet the following additional requirements: ["Pistol" in this
context means a self-loading, semi-automatic handgun, as opposed to a
revolver.]
Safety device. Positive manually operated safety device. [Already standard on
S&W pistols.]
Magazine disconnectors must be available on all pistols to customers who desire
the feature, within 12 months. [A magazine disconnect prevents the gun from
firing if the magazine is not the gun, and there is a round in the firing
chamber. People who own handguns for defensive purposes, including law
enforcement officers, generally prefer guns without magazine disconnects.]
Chamber load indicators on all pistols, showing whether the pistol is loaded,
within 12 months. [To the extent that the people begin to rely on chamber load
indicators, they will violate the fundamental firearms safety rule: "treat
every
gun as if it's loaded.]
Large capacity magazines. New firearm designs will not be able to accept
large-capacity magazines that were manufactured prior to September 1994.
(Manufacture of such magazines has been prohibited since that date.) [So
new S&W
guns have to be incompatible with pre-1995 magazines. Here, S&W undercuts
defensive gun use, by ensuring that people who buy new models will not be able
to fire more than 11 rounds without stopping to change the magazine. (If the
magazine holds ten, then the gun's maximum capacity is ten rounds in the
magazine, plus one in the firing chamber.) There are many incidents in which
defensive gun users have had to fire more than 11 rounds to stop multiple
attackers, or even single attackers who are under the influence of drugs. This
provision is very helpful to criminals, and will lead to more deaths,
rapes, and
robberies. But since President Clinton, Sarah Brady, and other gun prohibition
leaders are morally opposed to defensive gun use by people who don't work for
the government, this provision represents progress to them.]
Law enforcement and military exception. If law enforcement agencies or the
military certify the need, exceptions to these requirements may be made.
Manufacturers will ask that these guns not be resold to the civilian market.
[Most law enforcement users abhor devices-such as magazine disconnects or
computer chips-which may make a gun function unreliably. Thus, law enforcement
retains the ability to obtain reliable firearms, since defensive gun use by
government employees is legitimate. Likewise, law enforcement wants to be able
to stop attacks by several large, drugged up gangsters, and therefore needs
magazines holding more than ten rounds. Since defensive gun use by ordinary
people is immoral, it would be better for them to die rather than defend
themselves with an effective firearm.]
Warnings about safe storage and handling included with all firearms within six
months. [Every firearms manufacturer already includes a safety manual with the
gun.]
Illegal firearms. Manufacturers will not sell firearms that can readily be
converted into fully automatic weapons or that are resistant to fingerprints.
[The first item has been illegal since 1934. The second item is a slap at
Intratec, which has advertised a particular model as resistant to fingerprints.
In fact, the gun has a coating which reduces the metal's vulnerability to
natural oils from the human hand; the coating does nothing to impede forensic
reading of fingerprints.]
SALES AND DISTRIBUTION
Code of Conduct. The manufacturers will sell only to authorized dealers and
distributors and allow their authorized distributors to sell only to authorized
dealers. [This conforms to S&W's current business practice. Many smaller
manufacturers, however, do not have the resources to maintain an authorized
dealer system. They simply sell to wholesalers, who in turn sell to
federally-licensed firearms dealers. Forcing the whole firearms industry
into an
authorized dealer system will help drive many S&W competitors out of business.]
Authorized dealers and distributors will agree to a code of conduct. If
manufacturers receive notice of a violation by an authorized dealer or
distributor, they will take action against the dealer or distributor, including
termination of sales to the dealer or distributor. The Oversight Commission
will
review such actions and have authority to require termination or suspension if
warranted.
The code of conduct will require authorized dealers and distributors to: Gun
shows: make no gun show sales unless all sales at the gun show are completed
only after a background check. [In other words, an authorized S&W dealer can't
sell at a gun in most American states, since most states do not require
background checks for handgun or long gun sales by private gun collectors.
Already, every firearms dealer, including authorized S&W dealers, must, by law,
run background checks on every customer; the requirement applies for in-store
sales, and for gun show sales. Now, S&W will forbid its dealers to sell at gun
shows simply because the law of the state where the gun show takes place
authorizes unregistered sales by private collectors. Since gun show sales
are a
very important source of revenue for many small dealers, some dealers will
probably drop Smith & Wesson, rather than dropping out of gun shows. This
provision is an important step towards Handgun Control's goal of requiring
government permission for anyone to obtain a gun, under any circumstances.]
Brady checks: wait as long as necessary for a completed Brady check showing
that
the purchaser is not a felon or otherwise prohibited before selling a gun
to the
purchaser. [Standard practice among most dealers already, although the law says
that if the FBI instant check system fails to respond after 72 hours, the sale
may go forward. Calling the National Instant Check System the "Brady check" is
nonsense. The instant check was thought up Congressman Bill McCollum
(R-Orlando), and his proposal to begin research on a National Instant Check
System was vehemently, but unsuccessfully, opposed by Sarah Brady and her
organization, while the NRA lobbied hard for the McCollum proposal.]
Safety training for purchasers: transfer firearms only to individuals who have
passed certified safety course or exam and demonstrate to purchasers how to use
all safety devices and how to load, unload, and safely store the firearm before
completing the sale. [The second condition-demonstrating how to use the gun-is
already common in many gun stores. The first condition won't affect buyers in
California and a few other states that require safety classes for all handgun
buyers. In other states, persons with concealed handgun permits, hunter safety
classes, and the like would be allowed to buy. As for the rest, it is possible
that a simple in-store paper and pencil test could be given.]
Multiple handgun sales: all purchasers of multiple handguns to take only one
handgun from the store on the day of sale, at which point a multiple sales
report will be filed with ATF. The remainder of the guns can only be collected
after 14 days. [The multiple sales report has been required by law since 1968.
The delay for gun pickup does not affect very many gun sales, but it is
premised
on the phony claim that lawful multiple purchases from retail gun stores are an
important source of crime guns.]
Employee training: require all employees to attend ATF-approved training and to
pass a exam on firearms laws, straw purchasers, illegal trafficking indicators,
and gun safety. Insurance: carry liability insurance where available, with a
minimum coverage of $1 million for each incident. Inventory control:
maintain an
electronic inventory tracking plan within 24 months Security: implement a
security plan for securing firearms. Child access: require persons under 18 to
be accompanied by adults in gun stores or gun sections of stores. [Mandatory
political correctness. No more sending your teenager to the local gun store to
pick up some gun cleaning supplies for you. This helps further the idea that
guns are evil, like cigarettes, and that children should be kept away from
them.]
Weapons attractive to criminals: not sell large capacity magazines or
semiautomatic assault weapons. [Furthers the lie from Handgun Control and Bill
Clinton that so-called "assault weapons"-guns with certain cosmetic
features-are
preferred by criminals, as are magazines that hold more than 10 rounds. The
sale
of any of these items made before 1995 is perfectly legal, and HCI's campaign
for confiscation of all these items has been a failure. Having failed to win in
the legislature, HCI gets S&W's assistance in making it impossible for
law-abiding citizens to buy these lawful items. The clause implies that S&W's
manufacture of 13, 15, and 17 round magazines before 1995 was aimed at the
criminal market. What a pathetic statement from a company that has always made
its gun for law-abiding citizens, not criminals. S&W is surrendering not only
the rights of its customers, but its own good name. Many gun dealers are
willing
to sell S&W guns according to S&W's terms, but here, S&W is attempting to
forbid
the sale of products from other companies. This provision will certainly cause
some dealers to drop the S&W product line, rather than allowing one
manufacturer
to dictate the store's inventory.]
Compliance: provide law enforcement, government regulators, and the Oversight
Commission established in this Agreement with access to documents necessary to
determine compliance; cooperate fully in the Agreement's Oversight mechanism.
[In other words, stores that sell S&W guns must surrender their business
privacy, and their Fourth Amendment right to insist that government employees
obtain a court order before looking at private records. This undermines the
1986
Firearms Owners Protection Act, which restricts government access to
information
about firearms purchasers. Another reason for stores to drop S&W, as opposed to
giving up their constitutional rights.]
Crime gun traces: maintain an electronic record of all ATF trace requests and
report trace requests to manufacturers. [Easy for any store with a computer.]
Indicted dealers: forgo firearms sales to licensed dealers known to be under
indictment. [So much for the Fifth Amendment principle of innocent until proven
guilty. If a gun store owner annoys a local prosecutor by speaking out in favor
of the Second Amendment, the prosecutor can drive the store out business.
Indictments are easy to obtain--especially since the Supreme Court does not
require prosecutors to show the Grand Jury exculpatory evidence, or to
allow the
subject of the indictment to testify to the Grand Jury, or to present his own
evidence, or to have an attorney speak to the Grand Jury. Once the store is
indicted, S&W cuts the store off, and the store has no product to sell, and
thus
goes out of business. The prosecutor achieves his objective, and doesn't
need to
even take the case to trial.]
Straw purchasers: not to make sales to straw purchasers. [Has been illegal
since
1968.]
Manufacturer commitments. Manufacturers will: Provide quarterly sales data to
ATF. [Resurrects a BATF proposal that Congress voted down by a 3-1 margin in
1978.]
Not market guns in any manner designed to appeal to juveniles or criminals.
[Doesn't affect S&W, which only makes handguns, but undercuts companies like
Marlin, which make lightweight .22 rifles for teenagers.]
Refrain from selling any modified/sporterized semi-automatic pistol of type
that
cannot be imported into U.S. [No impact on S&W, but does affect some other
handgun companies.]
Reaffirm policy of not placing advertisements in vicinity of schools, high
crime
zones, and public housing. [Most gun stores advertise with newspaper ads rather
than billboards, so this has little impact. But the provision implies that
people in high crime zones and public housing should not have firearms for
protection.]
Implement a security plan for securing firearms. [Common already, since dealers
don't want their inventory stolen.]
Designate an officer to ensure compliance with the Agreement.
Corporate responsibility for crime gun traces. If an authorized dealer or
distributor has a disproportionate number of crime guns traced to it within
three years of sale, the manufacturers will take action, including possible
termination or suspension, against the dealer or distributor. The Oversight
Commission will review such actions and have authority to require
termination or
suspension if warranted. [BATF traces a gun whenever local law enforcement
asks.
There is no requirement that the gun be connected to a crime, and the majority
of gun traces are unrelated to the use of a gun in a crime. By requesting
traces
in every possible circumstance, a local police chief can drive up the trace
numbers for gun stores in his area. Then, S&W will cut off sales to those
stores-even though the stores have done nothing wrong, and have sold every gun
in compliance with the law.]
Oversight Commission will be established and empowered to oversee
implementation
of the Agreement. The Commission will have five members selected as
follows: one
by manufacturers; two by city and county parties; one by state parties; one by
ATF. [Thus, the commission will have a 4-1 anti-gun majority. Smith & Wesson
puts its future in the hands of a commission composed of people who despise
S&W's very existence.]
The Commission's powers will include the authority to review compliance
with the
design and safety requirements, review the safety and training program for
dealer and distributor employees, review manufacturer actions against
dealers or
distributors that violate the Agreement or have a disproportionate number of
crime gun traces, and require suspension or termination if warranted.
Ballistics Imaging. Within six months, if technologically available,
manufacturers will fire all firearms before sale and will enter the digital
image of the casings in a system compatible with the National Integrated
Ballistics Identification Network and accessible to ATF. This will enable law
enforcement to trace crime guns when only the bullets or casings are recovered.
[And bring us a few steps closer to universal gun registration.]
Access 2000. Manufacturers shall participate in ATF's Access 2000 program,
which
establishes electronic links with ATF and enables high-speed tracing of crime
guns. [Already done by most large manufacturers. Again, most traces are
unrelated to gun crime.]
Legislation. The parties will work together to support legislative efforts to
reduce firearm misuse and the development of authorized user technology. [S&W
commits itself to work with the gun prohibition lobby, and to outlaw companies
like Glock, which do not want to risk their customers' lives by making
potentially unreliable computer guns.]
Education trust fund. Upon resolution of all current city, state, and county
lawsuits, manufacturers will dedicate 1% of overall firearms revenues to an
education trust fund. [Who controls the trust fund?]
Most favored entity. If other manufacturers enter agreements with more
expansive
design and distribution reforms, and those manufacturers, along with the
manufacturer parties to this Agreement, account for fifty percent or more of
United States handgun sales, the manufacturer parties to this Agreement will
agree to abide by the same reforms. [S&W commits itself to even further abuses,
if more gun companies capitulate.]
Web resources: S&W press release:
http://www.smith-wesson.com/misc/breakingnews.html
Summary of agreement: http://www.hud.gov/pressrel/gunagree.html[/quote]
Sent: Sunday, March 19, 2000 12:52 PM
Subject: Kopel analysis of S&W
Here's my first item for the National Review website. You will notice that it's
a wee bit longer than 300 words. In fact, it's 3,402 words.
Nevertheless, I think your audience will find it quite useful, since it's the
ONLY item on the web with a point-by-point analysis of the S&W/Clinton
agreement.
Given the item's length, perhaps you might want to consider it for the print
edition.
I promise that future items will be much shorter; but this topic really
required
a longer treatment.
Best wishes,
Dave
Smith & Wesson's Faustian Bargain
By Dave Kopel
Connecticut handgun manufacturer Smith & Wesson has earned the dubious honor of
becoming Bill Clinton's favorite gun company. By agreeing to modify its product
design and distribution, the company earned a promise not to be sued by Andrew
Cuomo's Department of Housing and Urban Development, by the Attorneys
General of
New York and Connecticut, and got some-but not all-of the cities which have
sued
the company to drop their lawsuits.
Smith and Wesson says that if it had not stopped the suits, the company would
have gone out of business within a year, due to attorney fees. But it should be
noted that other gun companies are under equally great financial pressure, and
have not capitulated. A bankruptcy filing can allow a company to survive during
a temporary period of severely negative cash flow.
A second reason is that Smith and Wesson is a subsidiary of a British
conglomerate, Tompkins PLC, and the conglomerate ordered Smith and Wesson to
surrender.
The third reason is that the agreement will have only a moderate effect on the
way Smith and Wesson does business. At the same time, the contract terms--if
enforced against other gun companies--could drive them out of business. The
application of the agreement to several of Smith & Wesson's smaller
competitors,
or to Glock (one of the largest and most successful handgun companies) would
destroy them. Thus, Smith and Wesson gains an advantage, by agreeing to terms
which will harm its competitors.
The positive short-term consequences for the company will be increased
government sales and reduced litigation expenses. Litigation expenses will
remain substantial, however, since at several jurisdictions (including Chicago
and Wayne County, Michigan) will not sign the agreement, and will keep Smith &
Wesson in court.
The negative consequences will be that Smith & Wesson will lose many retail
dealers, and so that Smith & Wesson guns will no longer be found in almost
every
firearms store. In addition, gun buyers who care about Second Amendment rights
will stop buying Smith & Wesson products. It is entirely possible that one or
more activist groups will organize a boycott.
Kristen Rand, from the gun prohibition group the Violence Policy Center,
accurately forecast the industry reaction: "There will be a firestorm in the
industry in which every other manufacturer will treat Smith & Wesson as a
pariah. In the gun culture, Clinton equals Satan and they will see that Smith
has just made a deal with Satan." (Although if Clinton were actually a devil,
perhaps "Billzebubba" might be the demon's name.)
Of course if S&W cared about its sister companies, S&W would not have
capitulated in the first place. The combined effect of fewer dealers, fewer
customers, and massive ill-will will be that Smith & Wesson will eventually
lose
its position as the leading handgun manufacturer.
In the long term, S&W has increased the chances that it, along with every other
handgun manufacturer, will be destroyed. S&W has legitimated frivolous lawsuits
against financially vulnerable businesses, and has thereby encouraged the
victimization of many other business by abusive lawyers and prohibition groups.
S&W has strengthened the hand of Handgun Control, Bill Clinton, and anti-gun
politicians. The wording of the agreement implicitly legitimates the lies and
fear-mongering of these prohibitionists. Once the current round of lawsuits has
played out, the gun prohibition groups and their politicians will resume their
campaign to destroy the American firearms business, starting with handgun
companies. S&W's appeasement buys the company, at best, a short period before
its enemies, strengthened by the appeasement, resume their attacks. Appeasement
didn't save France, and it won't save S&W.
Here's what in the agreement, according to the official summary on the HUD
website. My explanation is in [brackets].
All handguns must meet the following safety and design standards:
Second "hidden" serial number, to prevent criminals from obliterating serial
numbers. [Already done by many gun manufacturers.]
External locking device sold with all guns within 60 days. [S&W has been giving
away locks with every handgun since 1997.]
Internal locking device on all guns within 24 months. [The lock that S&W will
use can be left in the "open" position permanently.]
Smart Guns -- Authorized User Technology. Manufacturers commit 2% of annual
firearms revenues to the development of authorized user technology. Within 36
months, authorized user technology will be included in all new firearm models,
with the exception of curios and collectors' firearms. If top eight
manufacturers agree, authorized user technology will be included in all new
firearms. [Note that the new technology is for new models only, not new
production of current models. S&W has already been working at personalization
technology. So far, solving the problem of putting a computer in a gun-and
making the computer work 100% reliably-has proven extremely difficult. Buyer
resistance to guns that only work 99% of the time is likely to be very serious.
To the extent that this agreement helps pass legislation to mandate so-called
smart guns, the agreement will put S&W's competitor Glock out of business;
Glock
has made a business decision not to invest millions of dollars in
personalization technology that may never work reliably.]
Child Safety. Within 12 months, handguns will be designed so they cannot be
readily operated by a child under 6. [S&W guns already conform to this. The
revolvers have a 10 pound trigger pull, and the semi-automatic pistols require
that the slide be pulled.]
Performance test. All firearms will be subject to a performance test to ensure
safety and quality. [Common industry practice already.]
Drop test. All firearms will be subject to a test to ensure they do not fire
when dropped. [No handgun manufacturer in the U.S. makes guns which fail the
drop test.]
All pistols must meet the following additional requirements: ["Pistol" in this
context means a self-loading, semi-automatic handgun, as opposed to a
revolver.]
Safety device. Positive manually operated safety device. [Already standard on
S&W pistols.]
Magazine disconnectors must be available on all pistols to customers who desire
the feature, within 12 months. [A magazine disconnect prevents the gun from
firing if the magazine is not the gun, and there is a round in the firing
chamber. People who own handguns for defensive purposes, including law
enforcement officers, generally prefer guns without magazine disconnects.]
Chamber load indicators on all pistols, showing whether the pistol is loaded,
within 12 months. [To the extent that the people begin to rely on chamber load
indicators, they will violate the fundamental firearms safety rule: "treat
every
gun as if it's loaded.]
Large capacity magazines. New firearm designs will not be able to accept
large-capacity magazines that were manufactured prior to September 1994.
(Manufacture of such magazines has been prohibited since that date.) [So
new S&W
guns have to be incompatible with pre-1995 magazines. Here, S&W undercuts
defensive gun use, by ensuring that people who buy new models will not be able
to fire more than 11 rounds without stopping to change the magazine. (If the
magazine holds ten, then the gun's maximum capacity is ten rounds in the
magazine, plus one in the firing chamber.) There are many incidents in which
defensive gun users have had to fire more than 11 rounds to stop multiple
attackers, or even single attackers who are under the influence of drugs. This
provision is very helpful to criminals, and will lead to more deaths,
rapes, and
robberies. But since President Clinton, Sarah Brady, and other gun prohibition
leaders are morally opposed to defensive gun use by people who don't work for
the government, this provision represents progress to them.]
Law enforcement and military exception. If law enforcement agencies or the
military certify the need, exceptions to these requirements may be made.
Manufacturers will ask that these guns not be resold to the civilian market.
[Most law enforcement users abhor devices-such as magazine disconnects or
computer chips-which may make a gun function unreliably. Thus, law enforcement
retains the ability to obtain reliable firearms, since defensive gun use by
government employees is legitimate. Likewise, law enforcement wants to be able
to stop attacks by several large, drugged up gangsters, and therefore needs
magazines holding more than ten rounds. Since defensive gun use by ordinary
people is immoral, it would be better for them to die rather than defend
themselves with an effective firearm.]
Warnings about safe storage and handling included with all firearms within six
months. [Every firearms manufacturer already includes a safety manual with the
gun.]
Illegal firearms. Manufacturers will not sell firearms that can readily be
converted into fully automatic weapons or that are resistant to fingerprints.
[The first item has been illegal since 1934. The second item is a slap at
Intratec, which has advertised a particular model as resistant to fingerprints.
In fact, the gun has a coating which reduces the metal's vulnerability to
natural oils from the human hand; the coating does nothing to impede forensic
reading of fingerprints.]
SALES AND DISTRIBUTION
Code of Conduct. The manufacturers will sell only to authorized dealers and
distributors and allow their authorized distributors to sell only to authorized
dealers. [This conforms to S&W's current business practice. Many smaller
manufacturers, however, do not have the resources to maintain an authorized
dealer system. They simply sell to wholesalers, who in turn sell to
federally-licensed firearms dealers. Forcing the whole firearms industry
into an
authorized dealer system will help drive many S&W competitors out of business.]
Authorized dealers and distributors will agree to a code of conduct. If
manufacturers receive notice of a violation by an authorized dealer or
distributor, they will take action against the dealer or distributor, including
termination of sales to the dealer or distributor. The Oversight Commission
will
review such actions and have authority to require termination or suspension if
warranted.
The code of conduct will require authorized dealers and distributors to: Gun
shows: make no gun show sales unless all sales at the gun show are completed
only after a background check. [In other words, an authorized S&W dealer can't
sell at a gun in most American states, since most states do not require
background checks for handgun or long gun sales by private gun collectors.
Already, every firearms dealer, including authorized S&W dealers, must, by law,
run background checks on every customer; the requirement applies for in-store
sales, and for gun show sales. Now, S&W will forbid its dealers to sell at gun
shows simply because the law of the state where the gun show takes place
authorizes unregistered sales by private collectors. Since gun show sales
are a
very important source of revenue for many small dealers, some dealers will
probably drop Smith & Wesson, rather than dropping out of gun shows. This
provision is an important step towards Handgun Control's goal of requiring
government permission for anyone to obtain a gun, under any circumstances.]
Brady checks: wait as long as necessary for a completed Brady check showing
that
the purchaser is not a felon or otherwise prohibited before selling a gun
to the
purchaser. [Standard practice among most dealers already, although the law says
that if the FBI instant check system fails to respond after 72 hours, the sale
may go forward. Calling the National Instant Check System the "Brady check" is
nonsense. The instant check was thought up Congressman Bill McCollum
(R-Orlando), and his proposal to begin research on a National Instant Check
System was vehemently, but unsuccessfully, opposed by Sarah Brady and her
organization, while the NRA lobbied hard for the McCollum proposal.]
Safety training for purchasers: transfer firearms only to individuals who have
passed certified safety course or exam and demonstrate to purchasers how to use
all safety devices and how to load, unload, and safely store the firearm before
completing the sale. [The second condition-demonstrating how to use the gun-is
already common in many gun stores. The first condition won't affect buyers in
California and a few other states that require safety classes for all handgun
buyers. In other states, persons with concealed handgun permits, hunter safety
classes, and the like would be allowed to buy. As for the rest, it is possible
that a simple in-store paper and pencil test could be given.]
Multiple handgun sales: all purchasers of multiple handguns to take only one
handgun from the store on the day of sale, at which point a multiple sales
report will be filed with ATF. The remainder of the guns can only be collected
after 14 days. [The multiple sales report has been required by law since 1968.
The delay for gun pickup does not affect very many gun sales, but it is
premised
on the phony claim that lawful multiple purchases from retail gun stores are an
important source of crime guns.]
Employee training: require all employees to attend ATF-approved training and to
pass a exam on firearms laws, straw purchasers, illegal trafficking indicators,
and gun safety. Insurance: carry liability insurance where available, with a
minimum coverage of $1 million for each incident. Inventory control:
maintain an
electronic inventory tracking plan within 24 months Security: implement a
security plan for securing firearms. Child access: require persons under 18 to
be accompanied by adults in gun stores or gun sections of stores. [Mandatory
political correctness. No more sending your teenager to the local gun store to
pick up some gun cleaning supplies for you. This helps further the idea that
guns are evil, like cigarettes, and that children should be kept away from
them.]
Weapons attractive to criminals: not sell large capacity magazines or
semiautomatic assault weapons. [Furthers the lie from Handgun Control and Bill
Clinton that so-called "assault weapons"-guns with certain cosmetic
features-are
preferred by criminals, as are magazines that hold more than 10 rounds. The
sale
of any of these items made before 1995 is perfectly legal, and HCI's campaign
for confiscation of all these items has been a failure. Having failed to win in
the legislature, HCI gets S&W's assistance in making it impossible for
law-abiding citizens to buy these lawful items. The clause implies that S&W's
manufacture of 13, 15, and 17 round magazines before 1995 was aimed at the
criminal market. What a pathetic statement from a company that has always made
its gun for law-abiding citizens, not criminals. S&W is surrendering not only
the rights of its customers, but its own good name. Many gun dealers are
willing
to sell S&W guns according to S&W's terms, but here, S&W is attempting to
forbid
the sale of products from other companies. This provision will certainly cause
some dealers to drop the S&W product line, rather than allowing one
manufacturer
to dictate the store's inventory.]
Compliance: provide law enforcement, government regulators, and the Oversight
Commission established in this Agreement with access to documents necessary to
determine compliance; cooperate fully in the Agreement's Oversight mechanism.
[In other words, stores that sell S&W guns must surrender their business
privacy, and their Fourth Amendment right to insist that government employees
obtain a court order before looking at private records. This undermines the
1986
Firearms Owners Protection Act, which restricts government access to
information
about firearms purchasers. Another reason for stores to drop S&W, as opposed to
giving up their constitutional rights.]
Crime gun traces: maintain an electronic record of all ATF trace requests and
report trace requests to manufacturers. [Easy for any store with a computer.]
Indicted dealers: forgo firearms sales to licensed dealers known to be under
indictment. [So much for the Fifth Amendment principle of innocent until proven
guilty. If a gun store owner annoys a local prosecutor by speaking out in favor
of the Second Amendment, the prosecutor can drive the store out business.
Indictments are easy to obtain--especially since the Supreme Court does not
require prosecutors to show the Grand Jury exculpatory evidence, or to
allow the
subject of the indictment to testify to the Grand Jury, or to present his own
evidence, or to have an attorney speak to the Grand Jury. Once the store is
indicted, S&W cuts the store off, and the store has no product to sell, and
thus
goes out of business. The prosecutor achieves his objective, and doesn't
need to
even take the case to trial.]
Straw purchasers: not to make sales to straw purchasers. [Has been illegal
since
1968.]
Manufacturer commitments. Manufacturers will: Provide quarterly sales data to
ATF. [Resurrects a BATF proposal that Congress voted down by a 3-1 margin in
1978.]
Not market guns in any manner designed to appeal to juveniles or criminals.
[Doesn't affect S&W, which only makes handguns, but undercuts companies like
Marlin, which make lightweight .22 rifles for teenagers.]
Refrain from selling any modified/sporterized semi-automatic pistol of type
that
cannot be imported into U.S. [No impact on S&W, but does affect some other
handgun companies.]
Reaffirm policy of not placing advertisements in vicinity of schools, high
crime
zones, and public housing. [Most gun stores advertise with newspaper ads rather
than billboards, so this has little impact. But the provision implies that
people in high crime zones and public housing should not have firearms for
protection.]
Implement a security plan for securing firearms. [Common already, since dealers
don't want their inventory stolen.]
Designate an officer to ensure compliance with the Agreement.
Corporate responsibility for crime gun traces. If an authorized dealer or
distributor has a disproportionate number of crime guns traced to it within
three years of sale, the manufacturers will take action, including possible
termination or suspension, against the dealer or distributor. The Oversight
Commission will review such actions and have authority to require
termination or
suspension if warranted. [BATF traces a gun whenever local law enforcement
asks.
There is no requirement that the gun be connected to a crime, and the majority
of gun traces are unrelated to the use of a gun in a crime. By requesting
traces
in every possible circumstance, a local police chief can drive up the trace
numbers for gun stores in his area. Then, S&W will cut off sales to those
stores-even though the stores have done nothing wrong, and have sold every gun
in compliance with the law.]
Oversight Commission will be established and empowered to oversee
implementation
of the Agreement. The Commission will have five members selected as
follows: one
by manufacturers; two by city and county parties; one by state parties; one by
ATF. [Thus, the commission will have a 4-1 anti-gun majority. Smith & Wesson
puts its future in the hands of a commission composed of people who despise
S&W's very existence.]
The Commission's powers will include the authority to review compliance
with the
design and safety requirements, review the safety and training program for
dealer and distributor employees, review manufacturer actions against
dealers or
distributors that violate the Agreement or have a disproportionate number of
crime gun traces, and require suspension or termination if warranted.
Ballistics Imaging. Within six months, if technologically available,
manufacturers will fire all firearms before sale and will enter the digital
image of the casings in a system compatible with the National Integrated
Ballistics Identification Network and accessible to ATF. This will enable law
enforcement to trace crime guns when only the bullets or casings are recovered.
[And bring us a few steps closer to universal gun registration.]
Access 2000. Manufacturers shall participate in ATF's Access 2000 program,
which
establishes electronic links with ATF and enables high-speed tracing of crime
guns. [Already done by most large manufacturers. Again, most traces are
unrelated to gun crime.]
Legislation. The parties will work together to support legislative efforts to
reduce firearm misuse and the development of authorized user technology. [S&W
commits itself to work with the gun prohibition lobby, and to outlaw companies
like Glock, which do not want to risk their customers' lives by making
potentially unreliable computer guns.]
Education trust fund. Upon resolution of all current city, state, and county
lawsuits, manufacturers will dedicate 1% of overall firearms revenues to an
education trust fund. [Who controls the trust fund?]
Most favored entity. If other manufacturers enter agreements with more
expansive
design and distribution reforms, and those manufacturers, along with the
manufacturer parties to this Agreement, account for fifty percent or more of
United States handgun sales, the manufacturer parties to this Agreement will
agree to abide by the same reforms. [S&W commits itself to even further abuses,
if more gun companies capitulate.]
Web resources: S&W press release:
http://www.smith-wesson.com/misc/breakingnews.html
Summary of agreement: http://www.hud.gov/pressrel/gunagree.html[/quote]