Talking with the enemy
Tuesday, Jan. 18, 2000 | 11:03 a.m.
Gun manufacturers represented at this year's Shooting, Hunting, Outdoor Trade Show think the litigation brought against the firearms industry in 1999 is a bunch of buckshot.
No news flash there. But this is where the issue gets interesting. Some gun makers attending the SHOT show advocate what amounts to -- in pro-gun circles, anyway -- a revolutionary approach to repairing the industry's bullet-riddled image: talking to the other side.
Smith & Wesson Corp. spokesman Ken Jorgensen quickly clarifies that "talking" doesn't mean acceding to the demands of gun-control activists, or even agreeing to negotiate with them. The discussions merely would serve as one way of countering the perception of gun manufacturers as unapproachable and indifferent.
"We're not talking about compromising with the people suing us. But we're talking about sitting down and clearing up a lot of the misinformation and lack of information that is out there," Jorgensen said.
The topic of gun control will spark plenty of talk during the four-day SHOT event, the country's largest outdoor-themed trade show which kicked off Monday at the Sands Expo Center with more than 1,400 exhibitors on hand.
Last year 28 cities and counties nationwide sued gun manufacturers and distributors in an attempt to force the industry to consent to child-safety locks and other similar features on firearms. A lawsuit brought by the city of New Orleans against the gun industry played a part in SHOT organizers deciding to move this year's show to Las Vegas. The event will return to New Orleans in 2001.
Three lawsuits -- in Miami-Dade County, Cincinnati, Ohio, and Bridgeport, Conn. -- were thrown out of court late last year. A judge also dismissed part of a suit brought by the city of Atlanta.
In addition, at least a dozen states, including Nevada, thwarted similar litigation by passing laws that prohibit municipal governments from suing gun manufacturers and distributors.
Despite those legal and legislative victories, gun makers realize their opponents hold the upper hand in the public-relations war. The massacre last April at Columbine High School in Colorado that left 15 people dead touched off a tidal wave of gun-control sentiment. More recently, a threat by the Clinton administration to sue gun manufacturers has the industry on edge.
The bad publicity has the likes of Smith & Wesson, the nation's largest handgun manufacturer, favoring an open-arm approach to the gun-control debate. The company's stance contrasts with National Rifle Association, the industry trade group that mulishly refuses to give any ground on the issue.
Jorgensen said discussing matters with the anti-gun lobby would enable industry representatives to argue their case that change doesn't have to come through lawsuits and legislation. He noted, for example, that most gun makers now include safety locks on firearms -- not because a federal law requires as much, but because of public demand for the feature.
"If people really want to set aside the political rhetoric, we're more than happy to sit down and tackle the issue. We've shown that we're willing to adapt," Jorgensen said.
Gun makers contend that their critics, frustrated by the inability of Congress to pass anti-gun measures, use litigation as an end run around the legislative process. An easier solution would involve stricter enforcement of existing gun laws, according to Jim Pledger, national sales manager for the Austria-based firearms manufacturer Glock Inc.
"We all believe in denying criminals and children access to guns. No one disputes that. But what we don't need is more laws or litigation. We need to rigorously enforce the laws we already have," Pledger said.
Added Wes Lang, spokesman for the Swiss gun maker SIG Arms Inc.: "What laws we have in place should be utilized and enforced. The objectionable things that people do with guns are already illegal, so enforce the law. It's as simple as that."
Jeffrey Reh, general counsel for Maryland-based Beretta U.S.A. Corp., said that if one of the cities suing the industry should happen to win its suit, the ruling could set an ominous precedent for all businesses.
"If this tactic of filing lawsuits succeeds, politicians won't have to seek passage of legislation or get the public's approval to do something that restricts commerce. They'll just file harassing lawsuits to get their way," Reh said.
The desire to head off future litigation before it starts explains why gun manufacturers will meet during the SHOT show with representatives from several cities that have filed anti-gun lawsuits. Still, Reh cautioned, the industry will resist any attempt to curtail the rights of gun owners.
"This is not about negotiating. It's not about giving in. It's discussion and the exchange of information," he said.
That exchange likely will include updates on the firearms industry's ongoing efforts to produce a so-called "smart gun" that can be fired only by designated users.
Smith & Wesson has spent millions trying to develop the technology, Jorgensen said. SIG, meanwhile, already sells a battery-powered combination lock that attaches to a handgun's barrel. The device is designed to prevent anyone who doesn't know the lock's combination from firing the weapon.
Miami-based Taurus International Firearms markets a low-tech version of smart guns. The company sells a handgun that can be secured by turning a manual screw lock with a specially designed key. Taurus marketing manager Gary Mehalik regards the safety feature as proof that individual gun owners, not the entire industry, should be held accountable when a firearm causes harm.
"Punishing companies that manufacture computers or propane barbecue grills because somebody misuses them would be absurd," he said. "So is restraining the right of people who lawfully manufacture guns to gain access into the American stream of commerce."
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