John Torelli - Jersey Small Arms Gunsmithing
501 Ireland Ave.
Millville NJ 08332
(856)825-5766
( This page updatedFebruary 10, 2016 )

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  NJ "Smart Gun" Bill to be heard 02/11/2016  

  Obama's "Operation Choke Point"  

  The Corzine Handgun Ban  

  NJ Governor Jon Corzine (D)

Use Of Force 

S&W - Back On Track 



NJ "Smart Gun" Bill to be heard 02/11/2016

This from the Association of New Jersey Rifle & Pistol clubs.
ANJRPC Official Web Site


"Just weeks after Governor Christie pocket vetoed last session's "smart gun" bill sponsored
by State Senator Loretta Weinberg (D37), his session's newly introduced version of the exact
same bill  (now numbered S816) sailed through committee in a straight partisan vote on January 28
and is  now scheduled for a vote in the full Senate on Thursday, February 11."

"While S816 would roll back the ban on conventional handguns from New Jersey's 2002
"smart gun" law, the bill is badly tainted because it swaps in a new mandate in its place, forcing
every New Jersey firearms dealer to stock and display smart guns for sale - essentially compelling
 market acceptance of the technology instead of letting the free market decide."

"The effort to coerce smart guns onto the market by bullying dealers suggests
that politicians will be back with their ban on all conventional handguns soon after an
artificial market for the new and unproven technology has been created."

"For key background on the smart gun issue, and why this legislation is so dangerous, please see
ANJRPC Executive Director Scott Bach's recent editorial in The Record on the subject,
and see this detailed ANJRPC alert on the subject from late last year."

"It is important that both our legislative friends and foes keep hearing from gun owners on this issue."

Now my thoughts.
 
Is Senator Weinberg  getting "consideration" from "smart-gun"
manufacturers for this forced adoption of their product? 
With approximately 400 FFL holders in New Jersey that could
be a lot of "consideration." 

Recognizing that her own body guards refuse to arm
themselves with this technology there is clearly something
else going on and I think Senator Weinberg needs to be
asked about it.




Obama's  "Operation Choke Point"  tried shutting
me down on December 15, 2015

After almost 35 years of trouble free operation of my home based gunsmithing
business and having but one insurance claim in those years, which was minor storm
damage unrelated to my shop, my home owners insurance company, Travelers
 Insurance of Knoxville TN
, cancelled my policy due strictly, I was told, to the fact
that my business involves firearms.  When I asked about my part time computer
repair business, they said that was fine.  When I told them I have always carried
separate commercial insurance for the gunsmithing business they told me
they didn't care
.   Clearly their motivation is political correctness prompted
by President Barack Hussein Obama's Operation Choke Point which is designed
to financially choke off businesses they deem to be unacceptable.  The letter I
received from Travelers Insurance used those words exactly.  I am deemed to
be "an unacceptable business."
 
Due to the efforts of my Congressman, Frank LoBiondo and NRA representative
Bob Viden I've tentatively contracted insurance with Farmers Insurance who doesn't
appear to be concerned about the firearms connection at all.   I hope to have
a paper contract in my hand soon and I can assure everyone that I am still
  operating normally and will continue to do so for, hopefully, a long time.

(UPDATE)
Currently, due to what I believe is a miscommunication between Farmers Insurance
and my agent, I have received another notice of cancellation.  This one, however, claims
to be due to a requirement by Farmers that I have a commercial policy.   Despite the fact
that I have let them know that I have always had a separate commercial policy I informed
my agent  that I would gladly subscribe to a Farmers  commercial policy if need be.  I've
gotten no response from my agent and my termination date is January 2, 2016.  I'm
hoping this is an error and not a dodge to do what Travelers Insurance did. 

(UPDATE)
I did  receive a policy from my Farmers Insurance agent and also received a notice
from the NJ Division of Insurance and Consumers Affairs, with whom I had
filed a formal complaint against Travelers Insurance.   The notice from NJ basically
told Travelers that what they did violated state regulations and they were
ordered to reinstate my policy.  After contacting Travelers Insurance and
presenting them with this notice they apologized and were sorry for the
"mis-understanding" and could offer no reason why the termination letter I
received was sent in the first place.  Operation Choke Point has failed in this case,
most likely due to NJ Governor Chris Christie appointing supervisors who are
not your usual North Jersey rabid anti-gunners.  If this had been a typical Democrat
administration the outcome most likely would have been very different.


 All of this has  been an annoyance and I plan to continue
to serve the shooters, police, sportsmen and women of our state for the
foreseeable future.  Thank you all for your concern and advice.
 
Remember in November!  Vote!   We must reverse America's decline.








Handgun Ban = DEFEAT !

On Friday, August 7, 2009 it was reported that Governor Jon Corzine of New Jersey signed into law a bill that limits lawful citizens of the
state from purchasing no more than a single handgun in any 30 day period.  It's mostly being reported that collectors are not effected by this law.  
Unfortunately, New Jersey does not recognize a collector license as a replacement for a pistol permit.  If you purchase a curio or collectible using
a Federal Collectors license in New Jersey and want to transfer it to your personal collection you are required to complete a Pistol Purchase
application just as any Federal Firearms Licensee in New Jersey does.  What's very interesting is that nothing is being reported about any exemption
for Federal Firearms Licensees operating sporting goods stores in New Jersey.  As of this writing, when your local gun shops handgun supply is
depleted the owner is only allowed to purchase a single handgun from his distributors to offer for sale in any given 30 day period.  Determining the
type of handgun, the price markup needed and who the lucky person is that he will sell it to raises some serious questions and that is why this bill is
 actually a handgun ban.  The Governor isn't saying you can't buy a handgun, he's just making sure there aren't any available for you to
legally buy.  This will, of course, increase the amount of illegal handguns within the state of New Jersey, because the demand is not going to go away. 
Hopefully a lawsuit will be pursued by the industry on what amounts to a gross infringement of Federal Interstate Commerce, but I'm not holding
my breath and if they do, it won't be for your benefit it will be for they're own.   Another item not mentioned is that the handgun ban puts an enormous
responsibility for enforcement on the backs of your local sporting goods dealer and his counter salesmen who have no way of knowing whether or not
you have previously bought a handgun within your 30 day alloted time.  There are severe criminal penalties for failure to determine if a purchaser,
with his legal permit in hand, is missing his assigned 30 day period by a day or two.   The elitist arrogance of all this is summed up when Corzine was
questioned on the usefulness of the legislation.   The Governor replied that "...there is anecdotal evidence that people with clean records are
making large purchases to help criminals." (Philadelphia Inquirer)   There you go, "anecdotal evidence" is sufficient cause to violate the
civil rights of millions of people.  

Corzine, who is up for re-election this November, states that  "My opponent (Chris Christie) tells you we don't need additional laws. It's very hard to
understand how anybody thinks you need to be buying 13 guns in a given year in New Jersey."  ( NJ.com )   Ignoring for the moment that it's none of
Governor Corzines damn business what I buy in a given year, anyone familiar with the infamous pistol permitting system in New Jersey knows it can
take upwards of 6 months for a single permit to be processed and anyone buying more than one handgun within a five day period has always been
required to have a Federal Notification form completed for BATF tracking purposes.  So if someone did purchase multiple handguns the federal
government is already aware of it and tracking the sales.  This leads us to believe that Corzines intentions should be seriously examined, especially
in light of his running mate, Senator Loretta Weinberg, quoted as saying "We are the team that is going to stand up on gun regulation"  ( NJ.com )   

It should be known that this legislation had been introduced several times and defeated each time.  Then, with almost no notice given
to the public for input, another vote was held and now everyone in New Jersey can thank 4th District Democrat Senator Fred Madden for his
swing vote in support of the handgun ban.  Senator Madden had voted against this legislation all times in the past, but he was either coerced into
changing his mind or actually liked the ban, but was waiting for something in return for his vote.  Either way  the Senator sold out the rights and
 freedoms of his fellow citizens and should be voted out of office at the earliest opportunity.  
Senator Maddens phone number is (856) 232-6700 and his office address is 129 Johnson Rd. Suite 1 Turnersville NJ 08012.  
He can be reached by email here, at the 4th Districts Legislative Web Page should  you care to let him know how much you like
his new handgun ban. 

If you have any doubts as to what you'll get if Jon Corzine is re-elected in November take note that on July 26th, about a week prior to his signing
the handgun ban, Governor Corzine announced his determination to enact a ban on all firearms .50 caliber and above.  This would include
revolutionary war muskets and all of the most popular black powder rifles used in New Jersey during muzzle loading season.   Governor Corzine's
intentions concerning shotguns are rather vague.   Despite his curiously consistent reassurances that sportsmen are not being targeted by his
laws it should be noted that all .12 gauge shotguns are aproximately .70 caliber and although they are smooth bore firearms they are capable of
shooting rifled slugs or have rifled barrels.   Revolutionary War and Civil War muskets are smooth bores as well, as are many modern muzzle loaders. 
On August 8th Corzine again promised to impose microstamping of handguns, a process that imprints a serial number on a fired cartridge with
the supposed purpose of being able to identify a handgun by a found cartridge, but there is only one company in the country that produces the
equipment  to do this and it can cost hundreds of dollars per handgun to implement, thereby making whatever handguns that may be left completely
unaffordable.  The Governor further reinforced his call that the Federal so-called "Assualt Weapon" ban be put back in place and that gun show sales
be stopped.  ( Newsroom New Jersey )  If you still think that this is nothing to be concerned about you need to read the Notes of Interest below. 
These quotes were posted well before Jon Corzine won his first term as Governor, back when a handgun ban was only in his dreams.  Now
when we consider the July 17th visit to NJ by President Obama who bestowed his blessings and encouragement on our Governor the
danger gets really serious.  Should Corzine win re-election President Obama will wait no more than about three seconds before he starts
telling every Democrat in Washington who is from a pro-gun state that there is no fear in voting for whatever Federal anti-gun legislation
he can come up with.  So you see these things are not just about a local issue.  They have consequences on a national scale.

There's one last thing to consider before the November, 2009 election.  On May 30, 1990, New Jersey, under Governor Jim Florio,
passed a so-called "Assault-Weapon" ban.  Owners of anything on that long list and owners of anything "substantially identical"
had 30 days to turn them into the police.  All magazines capable of holding more than 15 rounds were also made illegal.  There was no
"grandfather" clause and you were not allowed to possess, transfer or modify any of those guns or magazines after the 30 day period expired.   
When Bill Clinton was elected president he signed into law a Federal "Assault-Weapon" ban, but following the election of George Bush the
ban was lifted in 2004.  New Jersey began interpreting their "Assault-Weapon" ban differently after that and began to allow sales of "black rifles"
providing they did not have bayonet mounts, folding stocks, flash suppressors or above 15 round magazines.  They also began to allow
the sale of modified magazines and rifles and allowed purchasers to have their rifles  modified to come into compliance
with New Jersey regulations.   Here's the problem.  The actual law has never changed, only the interpretation.  This interpretation
can change again at any time resulting in a massive legal mess for anyone who bought, sold or modified anything included on the list.
Should Jon Corzine be re-elected do you suppose he would let the current interpretation stand?   

So, let's see, with a handgun ban in place and the Governor actively campaigning on gun control, if he gets re-elected how long do you suppose
it will be before the introduction of an "Assualt Weapon" style ban that makes possession of most remaining handguns illegal?  With a .50 caliber
ban a certainty, by my calculations that will leave the lawful residents of the state of New Jersey with some shotguns, most bolt action rifles
unless they are "Sniper Rifles" and a smattering of handguns in the possession of "collectors."   So there you are.  We have a Governor with most
of his Democratic allies being arrested on corruption charges, who raised the State Sales Tax to 7% increasing the cost of living for every
middle class family in New Jersey,  took away the Homestead Rebate which kicked back a couple of bucks previously taken in taxes from
working families, increased the tax on wine and spirits by 25%, increased college tuition rates for struggling families trying to better their kids lives,
has managed to idle thousands of construction workers by driving out businesses with confiscatory policies, created an economic climate that only
bolstered the ranks of those working for the Department of Unemployment and now during a major economic slowdown the law abiding hard
workers of this state are to be disarmed and their families left to the mercy of a growing violent criminal community.
 
Yeah, I think I'll vote for this guy.


What to do about it?

1) Write your local newspaper and let them feel your opposition.  Keep it simple and on point.
2) Tell your Assemblyman and Senator how angry you are about the Corzine gun ban and thank them if they voted against the ban.
3) Tell your bosses that you will NOT support Corzine or campaign for him.  They need you as much as you need them.
4) Tell Senator Fred Madden you WILL contribute to his defeat in his next election even if you don't live in his district.
5) Write a letter of support to Gubernatorial Candidate Chris Christie and thank him for opposing Corzines ban.
6) Encourage everyone you know to do the same thing.  Write the letter for them if you have to, some people aren't good at it.
7)  MAKE SURE YOU VOTE ! 
AND YOU DID, WITH A VENGENCE !
ARE YOU PAYING ATTENTION MR. PRESIDENT ?





                                                                                                                  
Notes of interest about NJ Governor Jon Corzine


"Other U.S. Senate victories by candidates who made support for gun control a centerpiece of their campaigns included Jon Corzine in New Jersey, Hillary Clinton in New York and Tom Carper of Delaware, all of whom were endorsed by the Handgun Control Voter Education Fund." 

"Corzine is passionate about social justice issues such as affordable housing and civil rights. He favors strict gun control and expanded health care."

"During his 2000 campaign, Corzine called for a vast expansion of preschool and of college scholarships, for a mandate that employers offer health insurance, and for licensing of all guns."

"He sponsored an amendment to allow police officers shot in the line of duty to sue gun makers "who participate in arming criminals" (defeated 38-56); voted to expand restrictions on armor-piercing ammunition (defeated 34-63)"

" In June, Sen. Jon Corzine and Rep. Patrick Kennedy, both Democrats, put forward legislation giving the Department of Justice sweeping powers to regulate the design, manufacture and distribution of guns. Just at the end of May, Sen. Frank Lautenberg proposed banning large caliber guns and other new rules that regulate who can buy guns at gun shows."

 S. 645 (Lautenberg, Corzine, Schumer, Boxer, Kennedy, Durbin, Milulski, Sarbanes, Reed, Akaka, Dodd, and Clinton): This bill would resurrect the semiautomatic ban and the semiautomatic magazine ban - and would expand 922(x) provisions in a way that would make it virtually impossible to conduct a youth sporting competition using semiautos.

S. 683 (Lautenberg & Corzine): This bill would make it a felony to sell any handgun that cannot be "personalized" (i.e., containing an "integral... device or feature that... allows the handgun to be fired only by a particular individual..."). The provision kicks in only upon a finding by the Comptroller General that such technology is "commercially feasible," but it does not appear to have a grandfather clause.

 S. 935 (Feinstein, Corzine, Durbin): This bill would cover .50 caliber firearms under the National Firearms Act, thereby requiring a government license in order to possess one.

S. 1431 "The Assault Weapons Ban and Law Enforcement Protection Act of 2003" introduced by Senator Frank R. Lautenberg, (D, NJ) 17 July, which would have banned a "semiautomatic shotgun that has a pistol grip." [SEC. 2. (a)(30)(H)(ii) and (b)(42).] Other co-sponsers included Senators Barbara Boxer, Dianne Feinstein, Hillary Rodham Clinton, Charles Schumer, Teddy Kennedy and Jon Corzine.


http://www.nraila.org/Issues/FactSheets/Read.aspx?ID=149

http://www.njit.edu/publicinfo/newsroom/Spotlight_smartgun.php

http://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=109&session=1&vote=00217





False is the idea of utility that sacrifices a thousand real advantages for one imaginary or trifling
inconvenience;
that would take fire from men because it burns, and water because one may drown in it;
that  has no remedy for evils except destruction.
The laws that forbid the carrying of arms are laws of such
a nature. They disarm only those who are neither inclined nor
determined to commit crime.
— Cesare Beccaria, quoted by Thomas Jefferson

 


Use Of Force

(For other examples of just how useful a firearm can be
take a look at these links:)
"The Armed Citizen"
Civilian Gun Self-Defense

A resident in Columbia Township OH met home invasion suspects with a hammer before running to the car, retrieving a gun and shooting both suspects.  The incident occurred Saturday around 3 a.m.  According to WKRC, “Police say two men broke into the home” and 24-year-old Gary Gross greeted them with a hammer. He struggled with the men then ran to his car, retrieved a gun, and shot both suspects. The suspects fled the scene following the gunshots.  Gross said, “They picked the wrong day to do something like that. I don’t want to kill anybody, so hopefully they’ll be okay and they’ll learn a lesson.”  Gross’s girlfriend and baby boy were in the home at the time of the alleged invasion. He spoke of his obligation to defend them, saying, “You have to do what you got to do. You have to make sure that these guys do not make it to that back room. Your son is back there. If anything happens to you, he’s defenseless, she’s defenseless.”  One of the two suspects is hospitalized in critical condition, the second is in stable condition.  (07/23/2017 Breitbart.com)

------

On Monday a 17-year-old Spokane County, Washington, girl called her father and asked permission to grab a gun before using the firearm to fend off a robery suspect.  The incident began when a police chase ended with a stolen car around Wandermere at 5 a.m.  After deputies “set up a perimeter to look for the suspect,” KHQ used their morning news show to alert locals that the suspect was on the loose.  Shortly after the news broke, Kimber Wood’s boyfriend and parents left for work, leaving her in the home alone. Her boyfriend then came across the deputies, asked them about the search, and decided to call Kimber and alert her that the suspect might be coming right at her.  Kimber responded by calling her dad “and [asking] if she could grab one of his guns for protection.” Her father answered in the affirmative and Kimber grabbed a handgun and placed it under her pillow. She fell asleep and awoke to the sounds of someone in her house.  She hid behind her vanity, only to have the suspect walk right up to her. Kimber pointed the gun at the suspect and said, “Who are you?” She added, “Get the (expletive) out of my house!”  Kimber said the suspect’s “eyes got really wide” and he took off running. She said he stole her boyfriend’s ATV to escape.  Deputies came to Kimber’s house “to tell her what a great job she had done and that they were glad she was okay.” While there, they showed her a photograph of the man they were chasing and Kimber identified him as the suspect who had been in her home. (07/18/2017 Breitbart.com)

------

Two masked men entered a Trenton, NJ liquor store and one of the men, armed with a handgun, pushed the gun through a small window in the cashier's glass enclosure and announced a robbery and demanded cash from the store owner Praveen Malhotra. The owner grabbed his .357 magnum pistol and fired twice, hitting the suspect in the chest and sending the second robber fleeing. The wounded suspect, identified by police as Steven Gudger, was taken to the hospital for treatment. Gudger was an escapee from Riverfront Prison and faces chares of armed robbery, aggravated assault and illegal possession of a weapon. (The Trentonian, NJ)

------

Leslie Joni Prater of Clarksville, Tennessee found herself in danger, but was prepared to defend herself. Leslie was asleep in her bed when she was awakened by the sounds of her ex-boyfriend breaking into her home. A struggle ensued as she tried to keep him out of the house but her strength was no match for his. As he came into the room, Leslie ran around to the other side of the bed to get a .38-caliber pistol. The ex-boyfriend lunged across the bed at her and she fired. Her first shot missed; the second shot struck him in the stomach. According to investigators, the man had been stalking Leslie for months and had broken into her home just three weeks earlier. Police commented that Leslie was lucky to be alive. (WKRN.com, Nashville, TN)

------

In February 2001 Tammy Renee Thompson of Augusta, Georgia, had her ex-boyfriend arrested for assaulting her and pointing a weapon at her. He was released from jail after posting a $16,250.00 bond and was awaiting trial when he again tried to attack her in July 2001. After shattering a window next to her front door, he let himself into her home and tried to assault her with a piece of concrete. She fired a .38-caliber revolver and struck him dead center in the right eye. “She was afraid for her life, and she took steps to lessen the threat,” said Sgt. Wayne Bunton. No charges were filed. (The Augusta Chronicle, Augusta, GA)

------

Police say a principal of Crazy Ashers, an electronics store on Wood Street in Vineland New Jersey that had been robbed five times in two months, decided to take matters into his own hands. The man, tired of being a victim, slept in his store in hopes of catching the thief in the act. He did, pointing a gun and yelling "Freeze" at a man who tried to crawl through a store window at 1:00 AM Wednesday. The suspect ran away. Police later arrested a 44 year old Vineland man hiding under a truck at a heating company behind Crazy Asher's. They also arrested a 30 year old Paterson New Jersey man who was found at Second and Pear streets. Both men were held on $2500.00 bail. Police said that one of the men boosted the other up to a window but they ran away when the man in the store confronted them with a gun. (The Daily Journal, Vineland NJ)

------

Susan Galewick was home alone when she observed a man unfastening a window screen at her Orange, CA residence. She quickly called 911, then grabbed her husband's pistol just as the intruder appeared at the bedroom door. The 24 year old woman pointed the gun at him and he pleaded with here not to shoot him before fleeing. The man, who had a lengthy criminal record, was shortly arrested. "I want other women to know at least a gun is good protection," Galewick told the press. (The Register, Orange County, CA)

------

A man pounding at the door of Henry Lewis' Fort Myers, FL, home asked to use the phone. Lewis refused and the man crashed through the front door wearing underwear over his head and socks on his hands. The intruder began chasing Lewis, who retreated to a bedroom where he grabbed a gun from a nightstand and shot his assailant. Police later arrested the wounded man on burglary and robbery charges; Lewis was not charged. (The News-Press, Fort Myers, FL)

------

A 78-year-old Crestwood, AL widow heard a noise at her back door and saw a man cutting a hole in her screen door. After recognizing him as a man who had raped her previously and a suspect in a series of rapes, she drove off the intruder with gunfire. (The News, Birmingham, AL)

------

Alerted by the sound of his front door being kicked in, Lexington, KY resident Bernard McCarthy armed himself. When a knife-wielding burglar burst into McCarthy's residence, the homeowner warned he would shoot. As the man continued to threaten him with a knife, McCarthy fired, wounding him. Charges of first-degree burglary were placed against the intruder. (The Herald-Leader, Lexington, KY)

 

The S&W Sellout and Road to Recovery

The agreement between Smith andWesson and the Clinton Administration and the various local and state governments imparts intrusive mandates on anyone who sells or buys a S&W product. For instance: It mandates that you, as a consumer of a legal product, undergo an "approved" non-existent training program and to be certified by a non-existent government entity before you could posess any S&W product. It also would prevent you from purchasing a S&W product from a private individual or at a gun show without undergoing background check procedures which are NOT mandated by Federal law. It requires sellers to maintain and provide to the Federal Government a detailed and up to date trace of every S&W firearm it sells establishing a defacto Federal gun registration directory which you would be obligated to participate in. Among the other onerous details contained within, it also provides that any dealer who wishes to sell any S&W product will apply the mandates of this agreement to ALL OTHER firearms that the dealer handles, thereby extending this agreement to every gun sold.

Following Commentary
by
JOHN TORELLI

It may be helpful when reading the document below to remember that of all the well publicized lawsuits filed by the varous city mayors around the country EVERY ONE of them have been dismissed by the courts. The threatened lawsuit against the firearms industry by former President William Clinton was headed for the same fate. The agreement with S&W had nothing to do with the financial ability of S&W to survive a threatened lawsuit by an anti-gun government. After all, S&W had managed to find the money to file an anti-trust lawsuit against everyone in the gun industry who refused to sell thier products. It did, however, have everything to do with Tomkins PLC, the British company that owned Smith & Wesson (that's right, S&W was a foreign owned company) playing for favors with the former Clinton administration with whom it's Prime Minister was closely allied politically and ideologically and who both favor the socialist ideals of an unarmed populace controlled by a large central government. President Clinton, failing in attempts to convince the American people to surrender their guns for their own good and also failing in attempts to force Congress to pass ever more far reaching gun laws, hired lawyers at the US taxpayers expense, to destroy the industry that manufactures the guns which we have the right to keep and bear. If Clinton and S&W had succeeded, the divide and conquer tactics of the so-called assault weapon laws (which so many gun owners still don't think affect them), wouldn't have been necessary, because without the firearms industry you can kiss your deer gun goodby.

- UPDATE -

Smith & Wesson was sold by it's English owners in April of 2001 to the American firm of Saf-T-Hammer and is under the stewardship of Smith & Wessons new president, Robert L. Scott. Mr. Scott appears to be very commited to returning Smith & Wesson to the forefront of firearms design and prestige and, of course, getting out from under the legal mess left behind by Tomkins. The Bush Administration has gone on record saying it will not enforce the S&W agreement and believes it to have no legal credibility. How this will effect their agreement in a court of law while under the scrutiny of any future anti-gun administration remains to be seen.



AGREEMENT BETWEEN SMITH & WESSON AND
THE DEPARTMENTS OF THE TREASURY AND HOUSING AND URBAN DEVELOPMENT,
LOCAL GOVERNMENTS AND STATES

SUMMARY OF TERMS

Preamble: The city, state, county and federal parties agree to dismiss the parties from the pending suits and refrain from filing suits against the manufacturer parties based on an equivalent cause of action.

SAFETY AND DESIGN

All handguns must meet the following safety and design standards:

All pistols must meet the following additional requirements:

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.

Warnings about safe storage and handling included with all firearms within six months.

Illegal firearms. Manufacturers will not sell firearms that can readily be converted into fully automatic weapons or that are resistant to 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. 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:

Manufacturer commitments. Manufacturers will:

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.

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. The Commissions 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.

Role of ATF. To the extent consistent with law, ATF will work with manufacturers and the Oversight Commission to assist them in meeting obligations under the Agreement. ATF will notify the Oversight Commission of certain violations of the Agreement by distributors and dealers if it uncovers such violations.

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.

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.

Legislation. The parties will work together to support legislative efforts to reduce firearm misuse and the development of authorized user technology.

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.

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.

Enforcement. The Agreement will be entered into and enforceable as a court order and as a contract.

 

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