John Torelli - Jersey
Small Arms Gunsmithing
501 Ireland Ave.
Millville NJ 08332
page updatedFebruary 10, 2016 )
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NJ "Smart Gun" Bill to be heard 02/11/2016
"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,
"While S816 would roll back the ban on conventional handguns from New
"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
"The effort to coerce smart guns onto the market by bullying dealers
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
and see this detailed ANJRPC
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
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.
"Operation Choke Point"
me down on December 15, 2015
After almost 35 years of trouble free operation of my home based
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
they didn't care. Clearly their motivation
is political correctness prompted
by President Barack Hussein Obama's Operation Choke Point which
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.
to what I believe is a
miscommunication between Farmers
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.
gotten no response from my agent and
my termination date is January 2,
hoping this is an error and not a
dodge to do what Travelers Insurance
policy from my
agent and also
from the NJ
whom I had
filed a formal
that what they
and they were
them with this
were sorry for
reason why the
sent in the
has failed in
due to NJ
not your usual
If this had
been a typical
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.
in November! Vote! We must reverse
On Friday, August 7, 2009 it was reported
that Governor Jon Corzine of New Jersey signed into law a bill that
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
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
depleted the owner is only allowed to purchase a single handgun from his
distributors to offer for sale in any given 30 day period.
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
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
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
that people with clean records are
making large purchases to help criminals." (Philadelphia
) There you go, "anecdotal
" 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
take upwards of 6 months for a single permit to be processed and anyone
buying more than one handgun within a five
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
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
swing vote in support of the handgun ban. Senator Madden had voted
against this legislation all times in the past, but he was either
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.
phone number is
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
intentions concerning shotguns are rather vague. Despite his
curiously consistent reassurances that sportsmen are not being targeted by
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
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
be stopped. ( Newsroom
) If you still
think that this is nothing to be concerned about you need to read the Notes of Interest
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
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
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
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
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
has managed to idle thousands of construction workers by driving out
businesses with confiscatory policies, created an economic climate that
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?
Write your local newspaper and
let them feel your opposition. Keep it simple and on point.
Tell your Assemblyman and
Senator how angry you are about the Corzine gun ban and thank them if
they voted against the ban.
Tell your bosses that you
will NOT support Corzine or campaign for him. They need you as much
as you need them.
Tell Senator Fred Madden you
WILL contribute to his defeat in his next election even if you don't live
in his district.
Write a letter of support to
Gubernatorial Candidate Chris
and thank him for opposing Corzines ban.
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.
SURE YOU VOTE !
AND YOU DID, WITH A VENGENCE !
ARE YOU PAYING ATTENTION MR. PRESIDENT ?
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
"Corzine is passionate about social justice issues such as affordable
housing and civil rights. He favors strict gun control and expanded health
"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
" 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."
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.
(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.
Durbin): This bill would cover .50 caliber firearms under the National
Firearms Act, thereby requiring a government license in order to possess
"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.
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
other examples of just how useful a firearm can be
take a look at these links:)
"The Armed Citizen"
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
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
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,
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,
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)
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.
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
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:
- Second "hidden" serial number, to prevent criminals from
obliterating serial numbers.
- External locking device sold with all guns within 60 days.
- Internal locking device on all guns within 24 months.
- 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
- If top eight manufacturers agree, authorized user technology will
be included in all new firearms.
- Child Safety. Within 12 months, handguns will be designed so
they cannot be readily operated by a child under 6.
- Performance test. All firearms will be subject to a performance
test to ensure safety and quality.
- Drop test. All firearms will be subject to a test to ensure
they do not fire when dropped.
All pistols must meet the following additional requirements:
- Safety device. Positive manually operated safety device.
- Magazine disconnectors must be available on all pistols to
customers who desire the feature, within 12 months.
- Chamber load indicators on all pistols, showing whether the
pistol is loaded, within 12 months.
- 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
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
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:
- Gun shows: make no gun show sales unless all sales at
the gun show are completed only after a background check.
- 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.
- 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.
- 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.
- 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.
- Weapons attractive to criminals: not sell large capacity
magazines or semiautomatic assault weapons.
- 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.
- Crime gun traces: maintain an electronic record of all ATF
trace requests and report trace requests to manufacturers.
- Indicted dealers: forgo firearms sales to licensed dealers
known to be under indictment.
- Straw purchasers: not to make sales to straw purchasers.
Manufacturer commitments. Manufacturers will:
- Provide quarterly sales data to ATF.
- Not market guns in any manner designed to appeal to juveniles or
- Refrain from selling any modified/sporterized semi-automatic pistol of
type that cannot be imported into U.S.
- Reaffirm policy of not placing advertisements in vicinity of schools,
high crime zones, and public housing.
- Implement a security plan for securing firearms.
- 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.
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
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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