Just got this in my eMail yesterday, so I'm posting it here. It's long, and the email addys at the end may be kinda garbled up, so if you're going to use 'em, it's probably better to go to the site.
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From : "GRNC Communications" <Alert@GRNC.org>
To : charles_cohn@hotmail.com>
Subject : GRNC Alert 8-9-03: NRA Misrepresents Suit Against GRNC
Date : Sun, 10 Aug 2003 00:54:32 GMT
Grass Roots North Carolina, P.O. Box 10684, Raleigh, NC 27605, 919-664-8565,
www.grnc.org GRNC Alert Hotline: (919) 562-4137
Please distribute this alert to all pro-gun organizations and networks
GRNC Alert 8-9-03:
NRA Misrepresents Suit Against GRNC
As noted in previous alerts, NRA lawyer Dan Zavadil recently filed a lawsuit against pro-gun organization Grass Roots North Carolina. Since 1994, GRNC has been repeatedly forced to reveal NRA sellouts on gun issues to Second Amendment supporters. But even we were shocked when the organization which purports to fight abusive lawsuits by cities against gun makers (e.g. S. 659) has allowed its own NRA Office of the General Counsel to conduct conveniently-timed litigation against a small all volunteer pro-gun group with limited resources.
Gun rights supporters should be aware that GRNC has no interest in a national battle against the NRA. Unfortunately, however, the threat to GRNC's survival left no choice. Worse, statements released by both the NRA and its board members have misrepresented the lawsuit, GRNC's actions, and the legislative issues on which NRA has repeatedly sold out its own members for self-serving purposes. Below, we respond to specific mischaracterizations.
NRA BOARD MISREPRESENTATION: Board members such as H. Walt Walter and David Coy claimed GRNC is not a defendant in the suit.
FACT: The lawsuit (case # CA 03-906-A, U.S. District Court, Eastern District of Virginia, Alexandria Division) lists both Francis Paul Valone II and GRNC/FFE, Inc. "Jointly & Severally", seeking $75,000 in damages.
NRA MISREPRESENTATION: Board member Walt Walter has claimed, "the NRA is not part of the suit." Official NRA communications claim: "NRA has not filed suit against Grassroots North Carolina..."
FACT: As noted by GRNC attorney James Jeffries IV: "First, the lawsuit was filed by Dan Zavadil, Assistant General Counsel for the NRA. Mr. Zavadil signed the Complaint as Ms. Palmer's counsel and gave his address as 11250 Waples Mill Road, 6th floor, Fairfax, Virginia 22030. Mr. Zavadil listed his phone number as (703) 267-1250 and his fax number as (703) 267-3985. This address and telephone information corresponds exactly to the information shown on Mr. Zavadil's official NRA letterhead. Further, Mr. Zavadil sent a demand letter to Mr. Valone as a precursor to the lawsuit that was issued on NRA letterhead. While it is true that the NRA is not the plaintiff (which is not legally possible) it is not true that the NRA did not file the litigation. Their own counsel did, in fact, file the suit and continues to pursue it against F. Paul Valone II personally and GRNC."
NRA MISREPRESENTATION: Say official NRA communications, "Mr. Valone sent an email to numerous people falsely claiming that [NRA lobbyist] Mrs. [Jennifer H.] Palmer was committing adultery."
FACT: Responds attorney Jeffries: "It is not true that F. Paul Valone II sent an email to various people falsely claiming that Ms. Palmer had committed adultery. Instead, he reported a conclusion made by another party (which had been reported to him by this third party after observation of Ms. Palmer's rapport with an Assistant North Carolina Attorney General). That report occurred in the context of an explanation of the NRA's and Ms. Palmers activities undermining GRNC's legislative initiatives at the North Carolina General Assembly. This conclusion is confirmed by the plain language of the allegedly defamatory statement recited in the Complaint filed by NRA Assistant General Counsel Daniel Zavadil. Finally, Valone did not vouch for the accuracy of the information or assert its truth, but simply reported what he had been told."
NRA MISREPRESENTATION: Says the official NRA communication: "Despite several opportunities to do so, Mr. Valone refused to apologize for making the false statement and refused to retract the false statement."
FACT: Says GRNC's counsel: "It is not true that Valone was offered an opportunity to apologize. He was instructed to print a retraction, once by Ms. Palmer and once by Mr. Zavadil (on a demand letter written on NRA letterhead) under direct threat of litigation. The retraction he was instructed to print included facts about which he had no personal knowledge and, therefore, could not truthfully assert. The retraction demanded would have also constituted a legal admission of libel on his part thereby leaving him legally defenseless against claims like those ultimately filed by Mr. Zavadil. Further, both Ms. Palmer's letter and Mr. Zavadil's letter left him with no options because they both indicated that the retraction must be issued in exactly the form demanded or suit would be filed."
NRA BOARD MISREPRESENTATION: Board member H. Walt Walter made the following representation in a letter addressed to "GRNC Members": On the 15th of July the lawyer for the defamed individual received a letter, (here I must presume) from the lawyer representing either GRNC or Paul Valone personally, stating emphatically and in a condescending manner that they would not honer [sic] the deadline and answer the request for an apology in their own time.
FACT: The letter in question was faxed on July 16-the same day NRA lawyer Zavadil filed the lawsuit TWO DAYS PRIOR TO HIS OWN DEADLINE. As to whether it was "condescending" or said GRNC would "answer the request for an apology in their own time", decide for yourself: GRNC has posted the letter at:
http://www.grnc.org/Zavadilletter.pdf GRNC CHALLENGE: GRNC invites NRA to post Palmer and Zavadil's demand letters, GRNC's response, Jeffries' letter and the Complaint on their web site and let people decide for themselves who is being truthful and who is not.
NRA MISREPRESENTATION OF SB 919: Says the official NRA statement of this "domestic violence" bill: "As for the complaints by Grass Roots North Carolina regarding NRA's efforts with respect to SB 919, they are without merit... At no point was there ever any mention of 'registration' or storage fees."
FACTS:
· CATALOGING EQUALS REGISTRATION: Again, decide for yourself by viewing Section 1, G.S. 50B-3.1(b) of the bill at
http://www.ncga.state.nc.us/html2003/bills/AllVersions/Senate/S919vr.html Note that the judge is required to "catalog" the defendant's firearms at ex parte domestic violence hearings REGARDLESS of whether he determines a protective order should be issued, meaning that even if the judge decides the complaint has no merit, the "cataloging"--including any relevant identification numbers--would still be required. Note also that nothing restricts use of registration information collected. It would even be permissible for law enforcement authorities to send it to the BATFE. Calling the scheme "cataloging" instead of "registration" changes nothing. Finally, by definition an "ex parte" hearing DOES NOT REQUIRE PARTICIPATION BY THE DEFENDANT, meaning that defendants may be unable to defend themselves prior to having guns seized.
· GRNC DID OBJECT TO REGISTRATION & CONFISCATION: Contrary to NRA claims that registration and confiscation measures were not issues for GRNC during debate over the bill, GRNC objected to the entire bill--not just sections of it--during the first alert sent on the issue (GRNC Alert 5-24-03). GRNC also issued alerts and position papers opposing the bill prior to the bill's House Finance Committee hearing. In fact, GRNC Alert 6-4-03 is entitled "Stop Gun Registration & Seizure Act." These alerts are still available via GRNC's web site.
· NRA SUPPORTED THE BILL: Although the NRA's official line is that "NRA took no official position on this legislation.." during the NC House floor debate over SB 919, pro-gun Rep. Carolyn Justus said: And this bill, in its present form, has the support of the Attorney General, North Carolina Victims Assistant Network, the Governor's Crime Commission, Commission on Domestic Violence, the North Carolina Sheriff's Association, The Coalition Against Domestic Violence, the NRA and the Women's Caucus here in Raleigh. (Considering the anti-gun records of NC Attorney General Roy Cooper and Governor Mike Easley, the NRA is in great company here). At the bills House Finance Committee meeting, NRA lobbyists Joe and Henri McClees offered no objections to the bill. Indeed, the Raleigh News & Observer noted: "In the end, Grass Roots North Carolina, a gun-rights group, was the only organization actively opposing the bill."
· ALL FOR YOUR PROTECTION? Most absurd, however, is NRA's defense that: "Regarding the issue of 'registration,' this is simply a red herring. It would seem that anyone who has had his property seized would want that documented, so as to facilitate its proper return in a timely and accurate way." Instead, it should be obvious that in order to protect gun owners, the GUN OWNER should be given a signed receipt for property seized, not the LAW ENFORCEMENT personnel who seized the firearms.
IMMEDIATE ACTION REQUIRED
· CONTACT THE NRA (1-800-672-3888 & 1-800-392-8683) and let them know that you dont want your membership dues used to sell out gun rights and silence legitimate pro-gun activists. Regretfully, the only way to get the message across is to convince them that their abuses will cost them money. GRNC has always encouraged gun rights supporters to join the NRA and to keep memberships even when the NRA has undermined the Second Amendment. This time, however, the NRA is going to far. While GRNC does not advocate any particular action that means annual membersnot Life membersmay consider resigning their memberships. Life members and others might consider letting the NRA know that they will not contribute a dime to the organization for as long as it compromises gun rights.
· CONTACT NRA BOARD MEMBERS listed below and let them know what the organization they direct has been up to.
· FIGHT THE LAWSUIT by donating to the Rights Watch Activist Defense Fund, care of Rights Watch International, P.O. Box 10684, Raleigh, NC 27605. Because RWI is a chartered 501(c)(3) non-profit organization, all donations are tax deductible. Bear in mind that if GRNC and RWI don't have enough money to fight the lawsuit, the fact that it is frivolous will be moot. Moreover, it will encourage the NRA to use the same tactics against other pro-gun activists who refuse to "toe the line" To donate using a credit card, go to
http://www.rightswatch.org/help_the_good_fight.htm · USE GRNCs AUTOMATED E-MAIL: Go to
http://www.grnc.org/nra_sellout/ and sign your name. In just a few minutes, you can send e-mails to the NRA and many of its board members.
CONTACT THESE NRA REPRESENTATIVES
· NRA INSTITUTE FOR LEGISLATIVE ACTION at: ila-contact@nrahq.org
· NRA BOARD OF DIRECTORS using the addresses below or GRNC's automated e-mailer at
http://www.grnc.org/nra_sellout/ NRA Contact Numbers:
NRA-ILA phone number: 1-800-NRA-3888 (prompt #1 to resign memberships; prompt #5 for input on state and local affairs).
Membership Account Information 1-877-672-2000
NRA Member Programs 1-800-672-3888
NRA/ILA 1-800-392-8683
NRA Sales 1-800-336-7402
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