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|08-09-2003, 09:34 PM||#1|
Join Date: May 2003
GRNC Alert 8-9-03: NRA Misrepresents Suit Against GRNC
GRNC Alert 8-9-03: NRA Misrepresents Suit Against GRNC
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
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
for self-serving purposes. Below, we respond to specific
NRA BOARD MISREPRESENTATION: Board members such as H. Walt Walter and
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
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
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
(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.
Palmer's activities undermining GRNC's legislative initiatives at the
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
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
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
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
it was "condescending" or said GRNC would "answer the request for an
apology in their own time", decide for yourself: GRNC has posted the
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
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
?? "CATALOGING" EQUALS REGISTRATION: Again, decide for yourself by viewing
Section 1, G.S. 50B-3.1(b) of the bill at
Note that the judge is required to "catalog" the defendant's firearms at
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
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
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
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
(Considering the anti-gun records of NC Attorney General Roy Cooper and
Governor Mike Easley, the NRA is in great company here). At the bill's
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
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
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 don't 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
resigning their memberships. Life members and others might consider
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 GRNC's 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: email@example.com
?? 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 Sales 1-800-336-7402
Mr. Sanford M. Abrams 25 Cotswold Court, Owings Mills MD 21117-1275
Dr. Thomas P. Arvas 7905 Spain Rd NE, Albuquerque NM 87109-3117
Mr. Scott L. Bach P.O. Box 651, Newfoundland NJ 07435
Mr. William A. Bachenberg Bethlehem PA firstname.lastname@example.org
Mrs. M. Carol Bambery 1124 S. Geneva Drive, DeWitt MI 48820-9537
Hon. Bob Barr 3760 Sixes Road, Ste. 126, PMB 247, Canton GA 30114
Mr. Wilbert G. Bauer 209 Someday Road, Boerne TX 78006-7024
Dr. David E. Bennett, III 11828 Caribou Avenue, NE, Albuquerque NM
87111-7215 email@example.com Hon. David O. Boehm 2470 East Avenue,
Hon. Bill K. Brewster 601 13th St. NW, Suite 410S, Washington DC
LTC Robert K. Brown 5735 Arapahoe Avenue #A-5, Boulder CO 80303-1340
firstname.lastname@example.org Mr. David A. Butz 65 Oak Grove Drive, Belleville IL
Dr. David I. Caplan 247 SE 3rd Avenue, Delray Beach FL 33483-4511
Mr. Ron L. Carlisle Rt. 1, Box 55, Kopperl TX 76652-9716
Mr. J. William Carter P O Box 2127, Fredericksburg TX 78624
Mr. Donald M. Causey 9300 S. Dadeland Blvd #605, Miami FL 33156-2721
Mrs Patricia A. Clark 25 Point O Rocks Road, Newtown CT 06470-1933
email@example.com Mr. Jeff Cooper Gunsite Ranch, Paulden AZ 86334
Mr. Allan D. Cors 7413 Georgetown Court, McLean VA 22102-2123
Mr. Charles L. Cotton 110 Eagle Lakes Drive, Friendswood TX 77546-5852
Prof. David G. Coy 1020 Brookside Drive, East Adrian MI 49221-3248
Hon. Larry E. Craig 313 Senate Hart Bldg., Washington DC 20510
Hon. Barabara L. Cubin 2241 Belmont Road, Casper WY 82604-4649
Mr. John L. Cushman 107 Truberg Avenue, Patchogue NY 11772-1748
Mr. William H. Dailey 1528 6th Ave., Moline IL 61265-2049
Mr. H. Tom Davison 2304 Oxford, Bryan TX 77802-1941
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Ms. Sandra S. Froman P O Box 36228, Tucson AZ 85740-6228
Mr. Thomas F. Gaines 947 Ithaca Court, Chula Vista CA 91913-3011
Ms. Marion P. Hammer P O Box 7530, Tallahassee FL 32314-7530
Lt. Philip Hemphill 418 Simpson Circle, Clinton MS 39114-3418
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Mr. Roy Innis 817 Broadway, 3rd Floor New York NY 10003-4809
Mr. Joaquin Jackson 1010 N. Bird Street, Alpine TX 79830-3206
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Mrs. Sue King 515 Timber Terrace, Houston TX 77079-2463
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Mr. Karl A. Malone 301 W 100 S, Salt Lake City UT 84101-1209
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Mr. John Milius Warner Bros., Bldg. 81, Room 215, Burbank CA 91522
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Mr. James D. Nicholson 7305 Arbor Oaks Drive, Dallas TX 75248-2203
Mr. Grover Norquist 718 N. Carolina Avenue, SE, Washington DC 20003-1359
LTC Oliver L. North 22570 Markey Court, Suite 230, Dulles VA 20166-6915
Mr. Theodore Nugent 4133 W. Michigan Avenue, Jackson MI 49202-1862
Dr. David A. Oliver 16537 Winter Leaf Drive, Wildwood MO 63011-1824
Det. Lance R. Olson 705 William Avenue, Marengo IA 52031-1047
Mr. Ernie Padgette 11719 Blue Smoke Trail, Reston VA 20191-3701
Mr. James W. Porter, II P O Box 128, Birmingham AL 35201-0128
Sheriff Jay Printz 226 Marcus St, Hamilton MT 59840-3144
Mr. Todd J. Rathner 802 E. Hedrick Drive, Tucson AZ 85719-2531
Mrs. Edie P. Reynolds 3709 Marlin Court, Raleigh NC 27604-3319
Chief Kayne B. Robinson 3100 St. Johns Road, Des Moines IA 50312-4529
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Mr. Don Saba P O Box 42486, Tucson AZ 85733-2486 info@sierrab
Mr. Robert Sanders Punta Gorda FL
Mr. Ronald L. Schmeits 200 S. 2nd Street, Raton NM 87740-3908
Mr. Harold W. Schroeder 24 Irwinwood Road, Lancaster NY 14086-2415
BIGBUD9 @aol.com Mr. John C. Sigler 11 Waterwheel Circle, Dover DE
Mr. Bruce Stern 935 White Plains Road, Trumbull CT 06611-4547
Mr. Jim Supica P O Box 14040, Lenexa KS 66285-4040 Jim@Armch
Dep. Dwight D. Van Horn 27859 Quincy Street, Castaic CA 91384-3530
Mr. Robert L. Viden, Jr. 318 N. Delsea Drive, Glassboro NJ 08028-1497
Hon. Harold L. Volkmer 719 Country Club Drive, Hannibal MO 63401-3035
Mr. Howard J. Walter P O Box 39, Flat Rock NC 28731-0039
Mr. J. D. Williams Keystone Road, Pearsall TX 78061
Mr. Robert J. Wos 10100 Boston Road, North Royalton OH 44133-6123
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The Second Amendment IS Homeland Security !