GRNC Alert 8-9-03: NRA Misrepresents Suit Against GRNC

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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
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.
Palmer's 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...e/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 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
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 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
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 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: 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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