-- Texas State Rifle Association Email ---
January 7, 2000
Friends of the Second Amendment:
During the 76th Session of the Texas Legislature, Representatives Suzanna Hupp, Rick Green, Ron Clark, Bob Turner, Ron Wilson, and Senator Lindsay passed S.B. 717 to prohibit Texas cities from suing the gun manufacturers. Despite our efforts here in Texas, 28 cities across the U.S. have filed frivolous lawsuits against the gun manufacturers in an effort to achieve gun control through the courts and bankrupt the industry.
Such lawsuits threaten the viability of gun stores in Texas and across the nation. Colt Manufacturing has already announced that because of the lawsuits they will no longer sell handguns to the civilian public. In addition, Colt is in the process of buying H & K manufacturing and has said that once the purchase is complete, H & K will no longer sell handguns to the public. Most recently, Smith & Wesson has announced it is up for sell. The events that have transpired as a direct result of the lawsuits against the gun industry do not bode well for gun dealers or gun owners.
As such, we and a few other Texas legislators have concluded that more must be done to stop the assault on our constitutional rights. After consulting legal experts, we have concluded that legal action can and should be taken against the cities that have conspired to deprive us of our rights. We are in the process of drafting a complaint that will be filed in a federal district court in Texas.
We will have at least four state representatives who will sue on behalf of themselves and their constituents alleging that the cities have conspired to violate their right to keep and bear arms by using the courts to impose gun control and threaten the gun industry with bankruptcy.
In addition, several Texas gun stores will be plaintiffs in the lawsuit because of the cities' attempt to interfere with the gun stores' ability to participate in interstate commerce - a right that is protected by the Commerce Clause of the U.S. Constitution.
The right to keep and bear arms and the right to participate in interstate commerce are fundamental rights that must be protected. The mayors of the cities, empowered by the statutes creating their offices and by ordinances and resolutions passed by the city councils, have acted to deprive Texas citizens and gun stores of their protected rights and should be held accountable in a court of law.
As you can well imagine, such a lawsuit will be an enormous undertaking that will tax the resources of the plaintiffs and attorneys who choose to participate in the lawsuit. As such, we are asking that every freedom loving American make a donation to our legal fund, so that we can move forward with the lawsuit and defend our Constitution from further abuse.
If you willing to contribute or would like more information, please contact our public relations director. Tell him how much you are able to contribute and how he can best contact you. Thank you for your assistance in this great effort to avert a constitutional crisis.
Sincerely,
Suzanna Hupp
Rick Green
Texas State Representative
Texas State Representative
District 54
District 46
Mail Contributions To:
Civil Liberties Defense Foundation
P.O. Box 163653
Austin, Texas 78716
Why a second lawsuit besides the one by the Second Amendment Foundation?
To answer that question, one must ask why the cities filed 28 different lawsuits in 28 different cities, rather than filing just one lawsuit in one location?
Rep. Hupp and Rep. Green believe that because of their status as public officials, they can garner more attention to the issue than SAF has been able to.
Also, SAF filed their suit in Washington, D.C., which has never seen a judge give a pro-gun decision.
Texas, on the other hand, is a much better place to file such a lawsuit.
Please visit the Texas State Rifle Association
website.
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a message.
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