Date: Thu, 6 Apr 1995 07:06:51 -0500 (CDT) From: Brad Alpert To: firearms-alert@shell.portal.com Subject: SAF Press Release ---------------------------------------- >From : LEROY PYLE Number : 4 of 4 To : ALL Date : 04/05/95 6:32pm Subject : SAF sues Billary! Reference : NONE Read : [N/A] Private : NO Conf : 002 - PRN_NEWS NEWS RELEASE SECOND AMENDMENT FOUNDATION 12500 NE Tenth Place Belleview, WA 98005 (206)454-7012 FAX(206)451-3959 For Immediate Release: Seattle Contact: Alan Gottlieb (206) 454-7012 March 23, 1995 Washington D.C. Richard Gardiner(703) 352-7276 FEDERAL LAWSUIT FILED AGAINST CLINTON'S GUN BAN TODAY A lawsuit challenging the constitutionality of the Clinton Crime bill's so-called "assault weapon" ban was filed today by two of the impacted firearms manufacturers. The precedent setting legal complaint presented to the District of Columbia federal court is being funded by the Second Amendment Foundation. The anti-gun, Clinton Congress left themselves wide open to legal challenges on numerous fronts,"declared Alan Gottlieb, founder of the Second Amendment Foundation. "It will be a pleasure to defeat this illegal ban on guns just as other recent firearm legislation has been declared unconstitutional," added Gottlieb, The thrust of this challenge is threefold: first, Congress exceeded its delegated powers; second, the gun ban is a Bill of Attainder and therefore specifically prohibited under Article I. Section 9 of the U.S. Constitution; and third, the law is unconstitutionally vague. "Overstepping their delegated powers has cost Congress several prized pieces of legislation, including the federal gun-free school zones," reminded Alan Gottlieb, "The gun-free school zone law was declared unconstitutional when Congress failed to indicate under what authority it enacted such a law. Congress similarly failed to declare what power it was exercising in enacting Section 922(v)(l) and Section 922(w)(l) of the Clinton Crime Bill," Gottlieb continued. Several courts have thrown out previous so-called "assault weapon" bans for unconstitutional vagueness. A recent example is last year's 6th Circuit decision in Springfield Armory v. City of Columbus, 29 F. 2D 250. This is one of the most poorly written laws I've ever seen. In ad- dition to being unconstitutionally vague in several areas, this unneces- sary assault on gun owners and manufacturers is too specific in other areas," proclaimed Alan Gottlieb. His statement refers to the fact that by specifically targeting individual companies, this law became a Bill of Attainder. Two of the hardest hit businesses are Intratec and Penn Arms, the two named manufacturers in the lawsuit. Intratec produced the TEC DC-9 and TEC 22 handguns which are listed by name on the ban list. Penn Arms manufactured the "Stiker 12" shotgun which is also specifically listed under the ban. "This law is the product of a trial by Congress of Intratec end Penn Arms, Unlike defendants in a judicial trial, these businesses had no voice to defend themselves in Congress. This is exactly the evil kind of legislation that the Framers of our Constitution sought to prevent," continued Gottlieb. The legal challenge is being handled by Richard E. Gardiner, of Fairfax, Virginia, a prominent attorney in firearms-related litigation through funding by the Second Amendment Foundation (SAF). This lawsuit is one of several planned legal attacks on the Clinton gun ban by the Second Amendment Foundation. With more than 550,000 members and supporters nationwide, the Second Amendment Foundation is the nations oldest and largest tax- exempt education and legal action foundation focusing on the Consti- tutional heritage to privately own and possess firearms. The Foundation conducts many educational and legal action programs designed to better inform the public about the gun control debate and its consequences. -END- --- WM v3.11/92-0211 * Origin: Paul Revere Network/HQ Chicago - (312) 482-9940 (176:100/0)