NRA Attendance And Voting Statistics

The official attendance at the NRA Annual Meeting in Indianapolis was approximately 81,000. This is about 6,000 less than last year's meeting in Dallas. I will say I had no trouble getting about on the floor nor in the hallways of the Indiana Convention Center.

Now to more important statistics.

At the Meeting of Members on Saturday, William Satterfield, chairman of the Elections Committee announced the statistics for the 2019 NRA Board of Directors election.

2,452,893 ballots were bound in the official magazines of the NRA 

145,920 ballots received back 

141,101 ballot were valid 

4,819 were invalid

Ballots that were deemed invalid for a variety of reasons. Among the reasons enumerated by Mr. Satterfield were arrival after the April 7th cutoff date, more than 25 candidates marked, no candidates marked, and some were actually prior year ballots. I think he said there was even one ballot from 2009.

When you do the math, you are left with the conclusion that most members eligible to vote - Life members and 5-year continuous members - don't give a big rat's ass who serves on the Board. The response rate for just returning the ballot was 5.94% and the response rate for a valid ballot was 5.75%.

That is pathetic. Moreover, it is scary. Think what could happen to gun rights if Michael Bloomberg just spent a few million bucks on advertising to run a slate of stealth (or Manchurian) candidates. With the proper slate and modern ad targeting, it would be possible to take over the organization in as little as two years. Whether it could be kept secret for that long is another matter.

Picture Of The Day

Today marks the 44th anniversary of the Fall of Saigon on April 30, 1975. The poignant picture below shows the evacuation of Americans and South Vietnamese staff from the roof top of the US Embassy in Saigon.

HUGH VAN ES/UPI/NEWSCOM

Newsweek had this on the scale of the airlift:

It was the biggest helicopter lift of its kind in history—an 18-hour operation that carried 1,373 Americans and 5,595 Vietnamese to safety. Yet in sheer numbers, the feat was overshadowed by the incredible impromptu flight of perhaps another 65,000 South Vietnamese. In fishing boats and barges, homemade rafts and sampans, they sailed by the thousands out to sea, hoping to make it to the 40 U.S. warships beckoning on the horizon. Many were taken aboard the American vessels, while others joined a convoy of 27 South Vietnamese Navy ships that limped slowly—without adequate food or water—toward an uncertain welcome in the Philippine Islands. Hundreds of South Vietnamese also fled by military plane and helicopter, landing at airfields in Thailand or ditching their craft alongside American ships.

My father who was drafted into the US Army in December 1940 for "the Hawaiian Department" was to serve two tours of duty in South Vietnam. His first tour was in Cam Rahn Bay from October 1967 until October 1968 and then again from April 1970 until the end of March 1971 in Lai Khe an Bao Loc. He was thus in Vietnam for two of the more momentous events of the war - the Tet Offensive and the Cambodian Invasion.

A Tale Of Two Letters - Part 2

The second open letter addressed to the member of the NRA and to Board of Directors comes from Steve Hoback. Like Andy Lander, Mr. Hoback also worked in the Training and Education Division.

Here is his letter:

April 29, 2019

An Open letter to the NRA MEMBERSHIP and their elected SERVANTS, the NRA Board of Directors.

I hope these words don't fall on deaf ears, as I am just another Bozo on the bus, a small fish in a big - and currently fetid pond: a mere NRA Member. I have, however, an insight on the current situation at the NRA that has developed from both my time as a PROUD NRA staff member, shunned heretic after my departure, and current disgusted yet DEVOTED Member.

I was blessed to have served as the Training Department's Senior Training Program Coordinator, a position that I was incredibly humbled to be created to bring me on board. I served as part of a Team that was passionate, relentless, vigilant, and tireless in our continuing improvement and protection of the training programs, which are the HEART of the NRA's mission statement. We had a Director who had our backs, a Manager who bled the NRA, and a Team that wasn't afraid - even supported in - telling the Emperor when he was naked. I was naive at the time about Ackerman-McQueen. I heard "Ack-Mac" mentioned occasionally with a shrug, but that was it.

What I did notice and was uncomfortable with was the cult of personality that some of the Executive Staff had. The Director of General Operations, a stuffed shirt, self-interested bully in my eyes (whose, I must admit, basically being told to shut up and sit down at the 2019 Meeting of Members seemed like karma at its best), and the Executive Director both always seemed to be placed FAR above their roles and NOT at the helm of a not for profit Association. In fact, the ONLY member of the Executive Staff at the time, Secretary Major James Land, was the MOST deserving of admiration: he worked FOR the Association, not the Association working for him.

I began to sense something was rotten in Denmark shortly after I was tasked with creating the Instructor Sales Program, a program through which Trainers would have access to reduced pricing on items which they could use in their training courses: a "win-win-win" for students and trainers, manufacturers, and the Training Programs. The "win" for the programs was that all of the revenue generated to the NRA had to go into the Education and Training Endowment to help the Training Programs be remain self-perpetuating. My guidelines were pretty clear: quality products, ZERO exclusivity, and no "buy in" on the part of manufacturers. The "contracts" were basically handshake agreements, reviewed by General Counsel, which were welcomed by manufacturers as a pleasant change from the Office of Advancement's hard- sell licensing agreements, which I have NO doubt were blueprinted by Ack-Mac. The program was a moderate success.

However, shortly after, i approached a major optics manufacturer who was more than happy to become involved. Details were worked out, General Counsel approved of the details, but just before launching, I was pulled into the Office of the GO Director and told to stand down temporarily because another optics manufacturer who had NOT responded to my offer to be included, "may not be comfortable with their competition being in the program". This was my first hint that "perks" to senior staff could be driving decisions, later substantiated when a senior staff member went on to a position for the protected manufacturer.

Closer to home for me was the idea of web based training. The Training Department staff had been tasked with vigilantly ensuring that NRA credentials were in no way associated with online training. This determination was made based on three of the keystones could not exist in a web-based course: TPI, Total Participant Involvement; evaluation of the Knowledge, Skills, and ATTITUDE of the student by the trainer; and - most importantly- safety, as the students' safe gun handling could NOT be observed and unsafe acts not be identified, remediated, and corrected, or - failing that course of action - the student being identified as not passing because of Attitude.

Just prior to my leaving Staff, there began to be inklings of the development of web based NRA Basic Firearms Courses, specifically, the Basics of Pistol Marksmanship Course. My peers were adamantly against this, and we were amazed that it was even being considered. After I left, the whole debacle of "blended learning" went ahead full steam, without the consideration of the input from trainers in the trenches being asked for input. This was, in NO doubt, a result of the ever growing Ackerman-McQueen power within the NRA. We all know the farce that the launching of Blended Learning was, and the offshoot of this rape of the integrity of the Programs was the introduction of Carry Guard, an Ack-Mac inspired program that, it must be noted, is the HEART of the New York lawsuit that the "Old Guard" on the Board who voiced the need for secrecy at the Meeting of Members referenced.

This blatant ramrodding of a non-NRA developed course also resulted in the appointment of a new Education and Training Director who was, unbelievable, a major player in the CarryGuard program and who, for all intents and purposes, was given the equivalent of a "no show union job" that organized crime would be proud of.

I have left many names out. A little research can fill in blanks.

Again, I am PROUD to be a MEMBER of the National Rifle Association of America. I am PROUD to have worked with Bill Poole, the late Charles Mitchell, Andy Lander, Mark Richardson, Sean Thornton, Samantha Olsen, and the many other, under payed, overworked, and dedicated staff members in the trenches during my time there. I am saddened and - at times - angered by the few who have apparently turned to "the dark side" and sold out in the name of job security or - often worse, personal gain or power, after preaching "you gotta be here for the passion not the paycheck".

In closing, MY Association is at a crossroads. It has become the swamp that many have lashed out against in our Federal government. The "not for profit" status of the Association, if kept to its charter, bylaws, and mission statement is NOT in jeopardy. The FOR PERSONAL PROFIT actions of the "Old Guard" Board Members, certain of the Executive Staff and Directors and Deputy Directors, and Ackerman-McQueen influence have not only endangered the not for profit status but the INTEGRITY of the Association. In addition, the heedless, unbridled hero worship of many Members and their antipathy toward holding the Old Guard accountable has helped to create the monster that is destroying rhe Association from within. This PROUD member of the "unwashed masses" that the Old Guard looks down on and feels deserve secrecy from the inner workings has had enough and will no longer tolerate the foxes keeping watch over the hen house.

Respectfully,

Steve Hoback
NRA Life Member
NRA Training Counselor
Former NRA Training Department Staff Member

I asked Mr. Hoback if the GO (General Operations) Director was Josh Powell and he confirmed it.

It is obvious that both Lander and Hoback want the NRA to be reformed and both want the influence of Ack-Mac removed. I agree with both of them.

A Tale Of Two Letters - Part 1

There were two open letters published on Facebook within the last couple of days addressed to the NRA Board of Directors. They both come from former NRA employees who were employed in the Training and Education Division. You have often heard the refrain that the NRA is the largest gun safety organization in the world due to the number of people it trains. Well, these guys were part of the reason.

These are long letters so I will publish them in two posts. The first is from Andy Lander who ended his career with the NRA as the Training Counselor Program Coordinator. Training Counselors, for those that don't know, are the folks who train the trainers. In other words, they are the instructor's instructors.

April 29, 2019

An Open letter to the NRA Board of Directors.

First off, I would like to congratulate all the newly elected NRA board members, I’m sure your reason for running for the NRA Board of Directors (BOD) was driven by patriotism, pride ,and selfless service to millions of law abiding gun owners. This letter is not for you. I would like to say a sincerer thank you for your willingness to sacrifice your own personal health and sanity to try and guide the NRA through its most turbulent times. As for the incumbents who are on the NRA Board this letter is for you. I’m sorry to say that I’ve lost all faith in you as leaders. I’m also unsure if any of you actually understand what leadership is. Many of you have been on the board for many years and even decades, and continue to remain an elected member of the NRA BOD, in what appears to those of us who have worked at the NRA as nothing more than a shill or yes man/woman. I’m not just speaking to those on the Finance Committee, or Nomination Committees, I’m speaking to all incumbents including those working on committees that have nothing to do politically and operate only in the realm of the programs side of the Association. I request that you remove highly overpaid executives particularly NRA’s Executive Vice President Mr. Wayne Lapierre, Josh Powell, along with cutting all business ties to Ackerman and McQueen (Ack Mack) and anyone that has ever worked with Ack Mack. For some of you, it appears that you are nothing more than a paid vote to ensure the longevity of Mr. Lapierre or elected to ensure that Ack Mack can leech off the NRA thus receiving compensation from Ack Mack itself. I can only draw one of the two following conclusions, the first one is that you’re incompetent in your duties as an NRA Board member, or two you’re part of the actual problem.

I worked at the Association for over 13 years ending my time as the Training Counselor Program Coordinator. My job was to coordinate and conduct the NRA Training Counselor Workshops, or the folks who trained NRA Certified instructors. When I started in the training department in 2005 there where 42,000 NRA instructors, when I left the NRA there were over 120,000 instructors. My entire time at the NRA I worked 2-4 job at any given time to pay the bills. There are quite a few employees that still do this at the NRA to make ends meet.

That being said, I can think of no other non-profit organization that compensates their Executive Vice President the kind of salary and benefits that Mr. Lapierre gets relative to how much employees receive. I also cannot understand how a person like Mr. Lapierre treats the people that work for him like his own personal indentured servants, unless you know the secret handshake, then you’re compensated very handsomely as long as you follow along blindly providing no resistance to the people running the organization. Those BOD’s that OBEY, are rewarded with NRATV contracts provided by Ackerman and McQueen, or are paid handsomely for speaking arrangements. The things that are taking place within the organization, I feel are things that corrupt Congressmen would be doing not the leaders of oldest civil rights organization in the country. Please correct me if I’m wrong, but it is to my understanding that the BOD knew a year in advance of how NRA Employees retirements were going to be frozen and run the risk of not existing at all. Yet before employees received the letter notifying them of the possibility of having little to no retirement. Mr. Lapierre and a few other executives cashed out their retirements so they wouldn’t loose any money. I’m not an attorney but this appears very fishy and has the appearance of what in the business world is referred to as insider trading. This is not just a moral violation but one would wonder if it would follow into the realm of possible criminal behavior? When I started at NRA, I was still eligible to be in the NRA retirement program, I was hired in 2004 as a membership specialist at starting salary of $28,000 a year working in one the richest counties in America. The retirement was stopped, (IIRC by the BOD) in 2007 for all new employees. The letter shows exponential drops in percentages as well as 13.3 million dollar funding short fall for 2018, a 4.5 million dollar funding short fall for 2017, and $0.00 shortfall for 2016 for non NRA executives retirement funds. This letter was dated April 15, 2019 and was from Ms. Shawn Soto from NRA Human Resources.

It is interesting to note that all the short falls started around the time in which Josh Powell took over as the Executive Director of NRA General Operations. The individual or individuals that came up with the idea to put Josh Powell, a man who has had shady dealings, lawsuits, and what appears to have led multiple failed businesses, in charge of the most important organization pertaining to individual rights in this country is either pure BOD’s incompetence or are possibly somehow involved in these dealings themselves. If you’re a board member who helped to put Mr. Powell in charge, you’re part of the problem. If you’re a board member who knew about this and did nothing to stop it you’re part of the problem. If you’re a board member and knew nothing about Mr. Powell’s shady dealings until the articles started to come out you’re part of the problem. If you’re a board member and you’re being paid by Ackerman and McQueen than you’re part of the problem. If you’re not actively seeking the removal of Mr. Lapierre you are the problem.

I have heard numerous excuses for Mr. Lapierre from board members, including speeches at the recent NRA members meeting on how Mr. Lapierre has taken the Association through the tough times and should trust him since he has been at the helm for the last 40 years. If I speed through a neighborhood for 10 years only to get pulled over with the excuse of “I’ve been doing this all along therefore you should let me continue to do so Officer” my excuse is a poor one at best. Mr. Lapierre and his colleagues have demonstrated what appears to be a great deal of impropriety as it pertains to running what is supposed to be the brightest beacon of freedom we have left in this country. The leaders of NRA should not be lining their own pockets, creating never-ending retirements for themselves, and conducting shady under the table dealings with ad agencies that their family members work at or have financial dealings. A perfect example of this is allowing Mr. Josh Powell to pay his father what is suggested of being in the 10’s of thousands of dollars to photograph the 2017 NRA World Shooting Championship for one single day. This is highly unusual and I don’t understand why he would have needed to hire any outside photographer, especially since NRA publications had already sent their own photographers to that event.

Despite the fact that current employees continue to be underpaid, fired, used as scape goats such as in the recent termination of Mark Richardson ( a loyal employee of 10 plus years and former army veteran) in some cases are ordered to travel, only to find their NRA credit card has been canceled and have to use their own credit cards to finance their business expenditures is direct result of Mr. Lapierre’s lack of leadership. This means they must put their personal bills on hold because of NRA’s financial shortcomings. I had this happen to me personally a few times during my time at NRA. In the mean time NRA executives continue to accumulate astronomical compensations not seen in any other non profit 501(c3).

Then there is the case of the Director of NRA Competitive Shooting Division Cole Mcculough who I believe is currently involved in litigation to shut down a neighboring shooting range to his family owned personal for profit shooting range. The name of the range is Shadow Hawk located in West Virginia. Shadow Hawk is privately owned and operated shooting range which is highly respected and loved by the local competitive shooters in the area. Another riddle I have yet to answer is, how does the NRA Competitions Director get paid a handsome salary, and draw a large profit estimated in the in the 100’s of thousands of dollars from the NRA’s World Shooting Championship? The Director of Competitions is the same individual that decides where the World Shooting Championship is held every year. Let’s not forget how Cole forgot to report the winnings from the World Shooting championship in 2016/17, only to have NRA Human resources take 2016 taxes out of 2017 pay checks two days after Christmas. I was on vacation at the time and received a pay check of less around $300 dollars. Another employee didn’t even receive a paycheck. I also believe what the NRA did was actually a violation of IRS tax code. Then there is the issue of possible cronyism going on in the Competitive Shooting Division, yet I digress. This made me ask the question to myself, why is a current NRA Staff member trying to actively shut down a shooting range?

I always thought the NRA stood as a barrier fighting the good fight. I remember a long conversation with my late friend Pat Rogers (editor from SWAT magazine) who supported the NRA, but said, “I don’t always agree with what the NRA, then again I didn’t always agree with what my mother said, but she was right most of the time”. I felt the same way until the motive of the NRA shifted from fighting for freedom, to fighting for money. I personally sat in on meetings in which the discussion was to put USCCA out of business because they were taking what should be ours. I’ll be honest I was a little to shocked to hear the NRA was in the business of trying to put pro gun companies out of business?

I could go on and on, but to be honest I have better things to do. Service as an employee to the NRA is behind me now. I personally have moved on to other things, yet still maintain deep friendships with people at NRA HQ. I hear their pain, I can see their suffering, and at what expense? So Wayne Lapierre, Josh Powell, and friends can make another million? The only people that can stop this is you! The NRA’s survival is at stake, the soul of the organization, the NRA employees that sacrifices a good paying job, gets treated like dirt by folks at Ack Mack, and are forced to loose the most important thing to anyone, time away from their families, will one day come into work and find out they are working for free. The history of the NRA is being written as we speak, I wonder will that history be a relatively short one, causing a collapse in the ability to protect the Constitution particularly the second Amendment. Thus writing your name in the history books as the last BOD’s of the National Rifle Association? Or will you do the right thing and ensure the NRA remains strong for decades to come. I pray that in the future my follow up letter to this will be thanking you for doing the right thing, rather than writing to all you, see I told you so.

Andrew Lander
NRA Life Member
NRA Senior Training Counselor
NRA Staff alumni 2004-2018

Please forgive all the misspellings and typos.

There will come a time in every bodies life to choose between what is right, and what is easy.

The Josh Powell mentioned in this letter is the Chief of Staff to Wayne LaPierre and served for a time as Executive Director of General Operations. His business background was spotty and he was described to me by a board member as "an idiot" who needs to go. According to the last report filed with the State of New York Charities Bureau, he earned over $700,000 as of the end of 2017.

Cracks In The Appearance Of Unanimity

Lt. Col. Allen West, USA (Ret), former Congressman from Florida and a NRA Board Member, put out this tweet a little over an hour ago. Mind you that the release put out by the American Rifleman and elsewhere was that the Board unanimously elected the new officers, reelected Wayne LaPierre as EVP, and re-appointed the rest of the Executive Team.

(3/3) I wish we could have delivered on what our NRA members asked of us in the resolution they referred to the Board. The NRA & 2A is greater than any one person. It’s about the spirit of those Patriots who took the field on April 19, 1775 at Lexington Green and Concord Bridge.

— Allen West (@AllenWest) April 30, 2019

Hmmm. Unanimous you say?

 We recorded a special episode of The Polite Society Podcast tonight to discuss the NRA Annual Meeting, the Board Meeting, and the Meeting of the Members on Saturday. Our guest was Jeff Knox of The Firearm Coalition. One thing that Jeff brought up was that he wouldn't be surprised to see some of the celebs on the board bailing upon the advice of their attorneys. Given the strictness of NY law and the mandate that directors actually direct, I'm just glad to be a peon and not a board member.

Sigh! The Hired Help Rules Supreme

The American Rifleman reported this a bit ago.

National Rifle Association Executive Vice President/CEO Wayne LaPierre was re-elected unanimously and unopposed by the NRA Board of Directors at their meeting in Indianapolis, Ind., April 29, 2019.

Carolyn Meadows was elected NRA President; Charles L. Cotton, First Vice President; and Willes Lee, Second Vice President.

Also retaining their offices are NRA Secretary/General Counsel John Frazer; and Craig Spray, Treasurer.

Chris W. Cox was re-appointed as Executive Director for the Institute for Legislative Action; and Joseph De Bergalis, Jr., Executive Director, General Operations.​

All NRA officers were elected unanimously and unopposed.

It was leaked to the New York Times' reporter Danny Hakim a few hours ago even though the NRA Board of Directors was still in Executive Session and no reporters or members were allowed in the room. Stephen Gutowski of the Washington Free Beacon has been reporting on the BOD meeting all day by Twitter and has been camped outside the door all day. I saw elsewhere on Twitter that Shannon Watts was reporting this even earlier but since she has me blocked I can't tell for sure.

I'm sure Carolyn Meadows is a very nice Southern lady who loves God, America, and the NRA. She is also 83 years old and has an ill husband (from what I've been told). Does anyone in their right mind think she'll be anything more than a figurehead that will do exactly what she is ordered to do by Wayne?

Unanimous? Really? Tell me another one. I guess if there weren't any NO votes and just a few loyalists voted YEA that is unanimous while the rest voted PRESENT. Even though a vote like this should not have been made in Executive Session under the rules, it is obvious that the hired help is running the show.

UPDATE: The timestamp on this Tweet by Shannon Watts was before the results of the vote were announced. Very curious.

Curious, if they just released that to everyone outside the closed door meeting because of this...notice the time she posted it. And I saw it at that time, but didn’t want to say anything. pic.twitter.com/6LrK7DBsux

— Tracy Nickels-Bishop (@JusticeBlaze) April 29, 2019

SCOTUS To New York City - Motion Denied

The City of New York had filed a motion to hold the briefing schedule in NY State Rifle and Pistol Association v. City of New York in abeyance. Their argument was that since the NYPD were proposing to modify regulations on transport for those with premises permits that the briefing schedule should be suspended. In other words, we say we are going to change the regulations in question which might moot the case so don't make us go to all the work necessary to respond to the plaintiffs.

In the orders issued by the Supreme Court today, their motion was denied.

18-280       NY STATE RIFLE & PISTOL, ET AL. V. NEW YORK, NY, ET AL.

The motion of respondents to hold the briefing schedule in abeyance is denied.

Paul Clement is the attorney of record for the NY State Rifle & Pistol Association and opposed this motion to hold briefing in abeyance. He said that "a stay is neither necessary nor appropriate" and then went to note the case was over six years old.

A Heavy Artillery Salvo Has Been Fired On The NRA

Much of what has been said by politicians about the NRA and everything negative that has appeared recently in the media of any sort should be considered the equivalent of sniping. It might take out one or two people but not the whole organization. That was then.

The office of New York Attorney General Letitia James (D-NY) has now fired what I would consider the preparatory barrage in the effort to dissolve the NRA. As someone noted to me, James is under pressure to act and she did on Friday.

From NPR reporting on the NRA Annual Meeting:

Even as the NRA struggled to handle its internal divisions, an external threat emerged this weekend in the form of a new investigation by New York Attorney General Letitia James.

"The Office of New York State Attorney General Letitia James has launched an investigation related to the National Rifle Association (NRA)," a spokesperson for the attorney general told NPR. "As part of this investigation, the Attorney General has issued subpoenas. We will not have further comment at this time."

The NRA has received a document preservation notice in connection with the investigation being undertaken by the New York attorney general, according to a source familiar with the matter.

The NRA responded to the announcement of the investigation by pledging its cooperation.

"The NRA will fully cooperate with any inquiry into its finances," said William A. Brewer III, an outside lawyer for the NRA. "The NRA is prepared for this, and has full confidence in its accounting practices and commitment to good governance."

 This is serious.

It is even more serious because as evidenced by the NRA Meeting of the Members today too many people think just ignoring it will make it go away. The matter is NOT going away.

Compounding this is the NRA's outside counsel who has a checkered past in terms of legal ethics. He was sanctioned in Texas and his appeal of it was upheld by the Texas Appeals Court last year.

If the NRA is going to use an outside counsel, I might suggest getting the very best - and cleanest - New York non-profit law specialist and let him or her handle it. However, given Brewer's apparent hold on the attention of certain NRA executives, I doubt this will happen.

Letter To The NRA Board Drafted By Tiffany Johnson

Tiffany Johnson, attorney, firearms instructor, and legal studies instructor, has drafted a letter to the NRA Board of Directors regarding a resolution that was discussed in the Meeting of the Members Saturday. The resolution calling for the resignation of Wayne LaPierre and the members of the Audit Committee was referred to the Board of Directors after much discussion and quite a bit of contention.

Tiffany has made a modest proposal that allows the matter to be discussed within the confines of the Board of Directors yet removes the appearance of impropriety and conflicts of interest. The key paragraph states:

I have a humble suggestion to help avoid public airing of private business while also quelling further cries of impropriety. When the Board addresses this resolution, I request that any Board member, officer, or staff member who has a personal, financial, or fiduciary interest in, or fidelity to, Ackerman McQueen (or its subsidiary and affiliate companies) — as an employee, contractor, paid consultant, vendor, client, etc. — be required to recuse himself/herself from discussing or voting on this resolution. That way, regardless of how the Board ultimately disposes of the resolution, at least the result will be less vulnerable to accusations of ethically dubious entanglements.

This is a sensible suggestion.

You can read the full letter at this link.

If you would like to sign on to this letter - and I have already done so - please email tiffany@frontsightpress.com with your name and membership type (Annual, Life, Endowment Life, etc.) Don't wait to sign on to the letter as it needs to be delivered ASAP and the Board itself will meet on Monday.

2019 National Firearms Law Seminar

I spent the day the National Firearms Law Seminar sponsored by the NRA Foundation. It was the 22nd annual seminar put on by them. I try to attend these every other year to catch up with what's what with firearms law and Second Amendment litigation.

The day started out with introductory remarks from Carol Frampton who is a NRA Board Member and chair of the seminar committee. She kept things moving along throughout the day.

The highlights of the day for me were (in no order) Prof. George Mocsary's presentation on judicial defiance of Heller, the ethics lecture from Indiana Supreme Court Justice Steven David, a presentation on terminal ballistics from neurosurgeon Dr. Paul Maurer, and finally the lunch time presentation by my friend Prof. David Yamane on gun culture 2.0 and his conversion from a non-gun owner to a concealed handgun carrier.

Of these presentations you are probably wondering why I liked the ethics presentation. The answer is that Justice David - formerly Col. Steven David, JAG, USAR (retired) was entertaining while getting his point across. For example, he had the misfortune of being named the Chief Defense Counsel at Guantanamo Bay for the 9-11 plotters. His point was that lawyers had a duty to represent their clients, and act professionally and responsibly even when they don't like their clients. As it put it, two sides, one oath.

Aaron Kendal of The Shekel Blog and an attorney in Michigan has published posts on each of the presentations. They give a good thumbnail summation of each presentation.

Judicial Defiance of Heller and A Survey of Current 2A Litigation

Ethics Presentation

State Constitutional Arms Provision

Gun Culture 2.0, or How a Liberal Professor Became An Armed American

FBI NICS Checks and Appeals

Gun Rights and The VA

Terminal Ballistics

On Making and Gunsmithing Weapons

Shooting Ranges and the Noise and Environmental Issues They Face

Extortion? Oh, Puhleeze! UPDATED

Adam Kraut had an opinion piece published in Ammoland.com on Monday. It was entitled "When the Levee Breaks - NRA's Untenable Position". It discussed much of the ongoing controversy surrounding the leadership and executive staff of the NRA. At the end, it has this mislabeled comment regarding Adam's candidacy for the board and Anthony Colandro. Adam considered the statement as an assertion and not a "challenge".

With that out of the way, there is one more issue to attend to. Numerous individuals have asked if I’d be running for the 76th Board Seat at the NRA Annual Meeting. Others have asked if I would endorse or support Anthony Colandro (who is now being supported by Wayne LaPierre, among others!?). I’ve decided to keep my options open. My name will appear on the ballot, however, if Mr. Colandro will join me in demanding that Wayne and the Board Members who failed to exercise their fiduciary responsibilities immediately resign, I will consider stepping aside and offering my endorsement. Without that commitment though, I could not in good conscience endorse any candidate.

For those attending the NRA Annual Meeting this year, I’ll see you there. I hope you’ll join me in demanding accountability from the Officers and the Board.

Mr. Colandro responded in the comments saying it reeked of extortion.

I’m independent and I will make my own decisions. Anyone who knows me will tell you that I won’t be intimidated by ANYONE to make ANY decision. In New Jersey, we’re all too familiar with corruption and Mr. Kraut’s so-called “challenge” reeks of extortion. This infighting has to stop! We all have a common goal in the 2A community. If we stand strong and stand together, we stand a chance.

Extortion? I didn't realize the self-described tough guy with pit-bull tendencies was such a snowflake.

Mr. Colandro makes much of the fact that he serves as a non-director member of three NRA committees. As Bitter at Shall Not Be Questioned noted, "Those appointments don’t come without the blessing of the leadership and support of the incumbent board."

Therein lies the problem in my eyes. Mr. Colandro was 33rd out of 35 candidates and had existing board members in the runner-up position ahead of him. I have a feeling - and it is only a feeling - that some sort of deal or commitment was made between Mr. Colandro and the powers that be. The NRA Board doesn't need any more people beholden to the executive staff. Indeed that is where many of the internal troubles have originated.

As for me, I plan to vote for the second runner-up aka Adam. I have a level of trust that Adam Kraut will do the right thing whereas I don't trust Mr. Colandro in the least to do what's right for the organization and its future.

This is my last post before Indy. I will try to post from the NRA Annual Meeting when I have time.

UPDATE: Rob Pincus has a post on Facebook expressing much of the same misgivings about a deal between Mr. Colandro and the existing executive leadership.

Anthony Colandro has been endorsed by the NRA. Nothing about the NRA suggests they would support him unless a clear deal was in place for him to support the current regime.

Read the whole thing. If you are here and want change, then vote for Adam Kraut. If you are satisfied with the status quo and don't care if the NRA goes down the tubes, then by all means vote for Mr. Colandro.

Head In The Sand Approach Doesn't Help Gun Rights - Or Gun Rights Organizations

The Illinois State Rifle Association has always been at the forefront in the fight for gun rights. They are the NRA affiliate in the Prairie State but have often paired with the Second Amendment Foundation on lawsuits. I've met their executive director Richard Pearson at a number of Gun Rights Policy Conferences. I respect the work he does in a state with so many challenges to the Second Amendment.

Sometimes, however, you have to disagree with people respect and call out a head in the sand attitude. Thus is the case with something Richard wrote in today's ISRA Thursday Bulletin.

The NRA is under constant attack these days. These attacks come in a couple of ways. First, of course, is just a straightforward attack on the Second Amendment and law-abiding gun owners. That is you and me folks. The second part of the attack is a propaganda campaign to make members doubt their own organization. Don’t fall for it. This whole propaganda attack is funded by Bloomberg and others like him. Bloomberg and company are trying to erode the loyal NRA base and prevent potential new members from joining. Has the NRA ever made any mistakes? Probably, but so has every other organization. If the NRA did, it was with the best intentions in trying to defend our Second Amendment. I have no qualms about that.

He is correct that the NRA is under attack from the gun prohibitionists.  However, I take exception to what Richard characterizes as the second part of the attack. Yes, The Trace is a Bloomberg funded organization and yes it contributed to the reporting in The New Yorker. However, as a NRA Board Member said to me, facts don't lie. What was printed in The New Yorker is an expose' of the NRA but that doesn't make it wrong or incorrect. Moreover, self-dealing and feathering one's own nest through insider deals is not "with the best intentions in trying to defend our Second Amendment." What those involved have done is put the future of the organization at risk through their personal avarice.

I have plenty of qualms about that.

This Is Pretty Weak -- Even For The Violence Policy Center

Josh  "I invented the term Assault Weapon" Sugarmann's Violence Policy Center is taking note that the NRA Annual Meeting starts on Friday. They have come up with a graphic asserting the Annual Meeting is showcasing "manufacturers of mass shooter's weapon of choice".

Normally, I appreciate a good infographic. This is just weak stuff.

More interesting is what they fail to show. I believe the terrorists who killed 130 concert goers at the Bataclan Theater in Paris used AK-47s. Likewise, I believe the Islamic terrorists that attacked the Taj Hotel in Mumbai and killed 165 and wounded over 300 used AKs. This does not even begin to approach the total number of people who have been killed in mass murders with bombs and arson.

More importantly, this graphic fails to take in account the number of defensive gun uses using the firearms produced by these manufacturers. I'll be gracious and even include Hi-Point in that list.

The graphic also fails to specify which of these locations was an officially gun-free zone. Just glancing over the list I see that most of them qualify.

They put this graphic under their "Investigating the Gun Lobby" banner which is devoted to the National Rifle Association. The actual official gun lobby is the National Shooting Sports Foundation which represents manufacturers. Moreover, if you want to get more expansive, every one of us who supports gun rights is the gun lobby. It isn't only an organization in Fairfax, VA.

Jeff Knox - Two Options

Jeff Knox, son of the late Neal Knox, is a person I like and respect. We've met at various NRA Annual Meetings and Gun Rights Policy Conferences over the years. I've come to appreciate his great love for the NRA and what it could be as well as his extensive institutional memory. He has been fighting a long but so-far losing battle to reform the NRA in an effort to recapture what the Cincinnati Revolt of 1977 was supposed to institutionalize. Some may have seen his efforts as quixotic as he has been a lone voice in the wilderness arguing that change was needed for lo these many years. Nonetheless, he was right and the recent revelations regarding the NRA are providing him some vindication.

Things are coming to a head. As I wrote yesterday, Everytown for Gun Safety has filed a formal complaint with the Internal Revenue Service. This shot across the bow from the gun prohibitionists may only be the first step. Moreover, Attorney General Letitia James (D-NY) could well move to dissolve the NRA for being in violation of New York's stringent non-profit laws as the organization is chartered in the State of New York.

Jeff, in an opinion piece published late yesterday in Ammoland, posits there are now only two options going forward to save the NRA.

Option 1. A majority of the Board circles the wagons in defense of Wayne LaPierre and his pals and tries to weather the storm. (They’ll fail, and the whole ship will sink.)

or

Option 2. A majority of the Board fires LaPierre and other executives (or accepts their resignations) and nullifies their contracts, suspends all vendor contracts pending thorough review and renegotiation, and purges culpable members of their own body – demonstrating a commitment to safeguarding NRA assets on behalf of the membership. (Plugging the holes and possibly saving the ship.)

The days of muddling through are in the past. The enemies of the Second Amendment are seeing to that.

Jeff goes on to write:

The current NRA Board of Directors have a slim chance of saving the NRA from total ruin, but they must act swiftly and decisively.

They must expunge everyone involved in even the appearance of corruption. Including board members who failed in their oversight obligations and individuals like Josh Powell the genius behind many of the NRA's recent disasters like Carry Guard and a known manipulator of Wayne LaPierre's decision making. They must halt all outside contracts until they can be thoroughly reviewed and either canceled or renegotiated. As much as possible needs to be brought in-house and run under the direct oversight of the board. This action may mean the end of things like Ackerman McQueen run NRA-TV, so do not be surprised if they pack up shop one day soon.

All of the significant, life-threatening issues facing NRA revolve around just three operational areas: PR, fundraising, and political spending. Suspending operations in those three areas, and bringing them under tight, in-house control for the immediate future, would put the association back on stable ground and allow it to continue operating effectively.

There will undoubtedly be repercussions from all of this, including fines, sanctions, lawsuits, and possibly criminal indictments, but all of those repercussions are on their way, regardless of what the board does now. The difference is whether those consequences will be levied against an organization that still has the people who created those problems at the helm – people who will be using NRA resources to cover their tails – or an organization that has policed itself and taken corrective action to address its problems.

If I may use the analogy of the stages of cancer, we are well beyond Stage 1 where the cancer is small and only in one area. The only question we are facing is whether it is Stage 3 where the cancer is much larger and has spread into adjacent tissues or is it Stage 4 where the cancer has metastasized to other areas of the body and survival is in doubt. Both Stage 3 and Stage 4 are bad. Treating either stage requires strong, even radical, measures if long-term survival is to have any probability of success.

This unfortunately is what we are facing. I would love to have been writing about all the new products coming out or the seminars and presentations I anticipated attending this weekend. Events of the past week dictate otherwise.

Everytown Files Complaint With IRS Against NRA

As originally reported by The Hill on Friday, Everytown for Gun Safety has filed a complaint with the Internal Revenue Service asking for an investigation into the National Rifle Association and their 501(c)(4) status. Specifically, the complaint alleges that the directors, officers, and others are using income and/or assets for personal gain and that the NRA is engaged in commercial, for-profit, activities.

The letter that accompanies the IRS Form 13909 Tax-Exempt Organization Complaint (Referral) accuses the NRA of related party transactions, financial mismanagement, and lack of transparency. It ask that the IRS begin an investigation to see whether the NRA has violated Section 501(c)(4) laws and regulations. It further asks that if violations are found that the IRS consider what would be appropriate remedies including revocation of the NRA's 501(c)(4) status.

This complaint follows the publication of the expose' of the NRA in The New Yorker by Mike Spies that was published on Wednesday. It relies heavily on the accusations leveled in that article as well as an earlier article that appeared in the New York Times.

Some of the items specified in the accompanying letter include:

• Payments to former NRA Managing Director Michael Marcellin from Lockton Affinity while being paid by the NRA.
• Payment of $1.395 million to HWS Consulting whose owner Wayne Sheets served as Executive Director of the NRA foundation.
• Payments of over $3 million to Crow Shooting Supply since 2008 which has been owned by Brownells since 2011. Some of these payments were while Pete Brownell served as President of the NRA.
• Issues related to Josh Powell who serves as Chief of Staff to Wayne LaPierre.
• Transfer of monies from the NRA Foundation to the NRA itself.

I could only imagine the damage this complaint might have done if it had been filed during the Obama Administration. As it is,  it still isn't good. You can read the entire letter here and make your own estimate of how harmful it is to the NRA.

Great Twitter Thread On April 19th

I didn't get to post this on April 19th as I was helping take care of my granddaughters while their parents were away. If you turn your head on a one year old who has learned to crawl, they are into everything!

April 19th was the 244th anniversary of the "shot heard 'round the world" or the Battle of Lexington and Concord. We should never forget that the battle began when authorities tried to confiscate firearms from men who decided they'd rather be citizens than subjects.

Anyway, this Twitter thread is brilliant. I'll only excerpt a part of it but I'd encourage you to read the whole thing.

On this day in history, the 19th If April, 1775, a group of radical far right nationalists made up of mostly white cis males, likely radicalized by hate groups liberally utilizing printing presses to publish inflammatory anti-government rhetoric fired upon international peacekeepers. pic.twitter.com/d6qlpRoavY

— Sam-flammatory Rhetoric (@AsianJ86) April 19, 2019

The results of the initial skirmish resulted in 8 Lexington men killed and a dozen wounded. One international peacekeeper suffered an injury, a light wound to the thigh. The right wing activists should have know you cant stand up to the gubment, they have warships and cannons.

— Sam-flammatory Rhetoric (@AsianJ86) April 19, 2019

Right wing militia leaders having gotten their ducks in a row, advanced on the international peacekeeping force plundering Concord. With the peacekeepers disbursed throughout the city and the Right wing death squad acting en mass, they outnumbered the peacekeepers they encountered

— Sam-flammatory Rhetoric (@AsianJ86) April 19, 2019

The rest is history. Literally. The moral of the story being that even the most technologically advanced, disciplined, and powerful army in the world was successfully and soundly defeated by a force made up entirely of armed citizens.

— Sam-flammatory Rhetoric (@AsianJ86) April 19, 2019

Learning that their fellow citizens were being attacked by British forces, the right wing militia grew exponentially. British and American leaders were equally stunned by the numbers and enthusiasm of those who’d take up arms and resist rather than lay back and think of England.

— Sam-flammatory Rhetoric (@AsianJ86) April 19, 2019

NRA Annual Meeting - Where Can You Carry?

The Indy Star published an article on Friday detailing where you can and can't carry at the NRA Annual Meeting which starts on Friday. The biggest event you cannot carry is at the NRA Leadership Forum on Friday. It's not because Wayne and Company is scared but because the Secret Service forbids any weapons in any place where the President will be speaking or appearing. Given that both President Donald Trump and VP Mike Pence will be speaking at the event, I'm sure it goes double.

What is prohibited instead the Leadership Forum?

Here's a complete list of items that won't be allowed inside the stadium when Trump speaks:

• Aerosols
• Ammunition
• Backpacks
• Bags larger than 18"x13"x7"
• Drones and other unmanned aircraft systems
• Firearms
• Glass, thermal, or metal containers
• Gun parts, holsters, magazines, etc.
• Knives
• Laser pointers
• Mace/pepper spray
• Selfie sticks
• Signs
• Toy guns
• Umbrellas
• Weapons of any kind
• Any other item determine to be potential safety hazards 

However,  a group called Knife Rights will provide complimentary storage for knives and other prohibited items at the North Gate entrance.

If you are attending the Leadership Forum, be prepared to get in line early if last year was any indication. I remember a long line snaking through the Dallas Convention Center as people had to go through the Secret Service checkpoint to be admitted.


Firearms will also not be allowed at the Alan Jackson concert to be held at the Lucas Oil Stadium.

 However, you will be able to carry in the convention hall provided you have a valid carry permit. Carrying outside the home requires a permit under Indiana law according to the article.

For the most up-to-date information on carry laws in Indiana, go to www.handgunlaw.us





UPDATE: I checked with a friend in Indy. She said you can carry in establishments that serve alcohol. Unlike in North Carolina, Indiana allows you to consume alcoholic beverages while carrying. However, public intoxication is illegal so moderation is the key. Personally, and this is just me, I don't carry when I plan to consume alcohol.

More From The New Yorker

On my way home this afternoon from visiting my granddaughters, I chanced across The New Yorker Radio Hour. The lead story was on the NRA and Mike Spies article that ran this past week. It goes over much of what was written in the article but it also had excerpts from Spies's interview with Aaron Davis who formerly worked in the NRA's major gifts fundraising unit.

Bearing in mind that any interview that is broadcast is made up of excerpts and that those excerpts are chosen to make a point or enhance the story, the interview with Davis seems to illustrate how the aims of Ackerman McQueen and the aims of preserving and protecting the Second Amendment are at odds. Davis notes that many of those he worked with at Ack-Mac were, as he put it, "New York or Austin types" who were PR professionals first, foremost, and always. Unlike Davis, they were not believers in the NRA or the Second Amendment.

The other thing this audio broadcast illustrated is that Spies' reporting depended on a lot of inside information from presumably disgruntled staff at the NRA including handwritten memos and other documents. I am not disappointed in the staff for spilling the beans. Rather, I'm disappointed that it took an article from an outsider with an anti-NRA agenda to illustrate the major internal problems that can and may put the organization itself at risk. By extension, it also puts the battle for the Second Amendment and gun rights at risk. Bloomberg himself couldn't have done more damage than those tasked with supposedly advancing gun rights have done through their own avarice and self-dealing.

The New Yorker Radio Hour broadcasts on many public radio stations. Rather than have you have to search for a rebroadcast of it, I have embedded it here. The NRA portion of the episode runs approximately 20 minutes.

Dont Shoot The Messenger

In the last couple of days since the lawsuit against Ackerman McQueen I've spoken to a former lobbyist for the NRA and two serving NRA Board Members. The conversations were off the record and not for attribution. Then I read this article in The New Yorker thanks to a link to it posted on Facebook by Prof. David Yamane.

The article is entitled "Secrecy, Self-Dealing, and Greed at the N.R.A." Mike Spies article has a subhead saying "The organization’s leadership is focussed on external threats, but the real crisis may be internal." I hate to say this given all the attacks on the NRA from every Democrat running for President, the State of New York, and the media but from what I've gathered Spies is correct. Just because we don't like the source doesn't mean they are wrong.

Last August, the N.R.A., in desperate need of funds, raised its dues for the second time in two years. To cut costs, it has eliminated free coffee and water coolers at its headquarters and has frozen its employees’ pension plan. Carry Guard, which was meant to save the organization, has proved disastrous. According to the memos, in 2017, the year that Carry Guard was introduced, Ackerman McQueen received some six million dollars for its work on the product, which included the creation of a Web site and media productions featuring celebrity firearms trainers. The lawsuit against New York State has created an additional burden. Sources familiar with the N.R.A.’s financial commitments say that it is paying Brewer’s firm an average of a million and a half dollars a month.

An official assessment performed by Cummins last summer dryly describes the N.R.A.’s decision-making during the previous year as “management’s shift in risk appetite.” The document analyzes the organization’s executive-liability exposures and discusses insurance policies that “protect NRA directors and officers from claims by third parties that they have breached their duties, such as by mismanagement of association assets.” From 2018 to 2019, it says, insurance costs increased by three hundred and forty-one per cent. “To say this is a major increase would be an understatement,” Peter Kochenburger, the deputy director of the Insurance Law Center at the University of Connecticut, told me. “This seems to be pretty direct evidence that the N.R.A.’s problems are not due to New York but rather to how the organization conducts itself.”

The memos urged the audit committee to “step up + fulfill its duties!,” but it’s not clear what the board has done to root out malfeasance. James Fishman, a co-author of “New York Nonprofit Law and Practice: With Tax Analysis,” a leading text on nonprofit law, told me, “There is no such thing as a director who doesn’t direct. You’re responsible to make yourself aware of what’s going on. If the board doesn’t know, they’ve breached their duty of care, which is against the law in New York,” where the N.R.A. is chartered. According to Owens, the former I.R.S. official, New York State “could sanction board members, remove board members, disband the board, or close down the organization entirely.”

Read that last line again. New York State could close down the NRA entirely by moving for dissolution. You have a governor and attorney general in New York that hate the National Rifle Association. You have a Board of Directors which is too large to be effective. You have Ackerman McQueen trying to preserve its position and an outside counsel trying to take their position for himself. And then you have internal civil war going on within the organization between loyalists to one executive and friends of another leader.

The bottom line is that there are tremendous troubles within the NRA just when you need it to be steadfast in the face of outside attacks.

How bad are these troubles? A reliable source told me that Marion Hammer who hasn't attended a Board of Directors meeting since hell froze over the last time will be in Indianapolis to attend the Board meeting. It's that bad.

UPDATE:  Jeff Knox, son of Neal Knox, and co-head of The Firearm Coalition published an opinion piece of the issue in response to The New Yorker's article. It is well worth a read. He makes some good points in it and calls for the resignation of Board members on the Audit, Finance, and Executive Committee for not doing their jobs.

Ackerman McQueen's Statement On NRA Lawsuit

Ackerman McQueen is the largest and oldest ad agency in Oklahoma City. An Oklahoma City news, politics, and entertainment website, The Lost Ogle, refers to them as "OKC's most revered and reviled ad agency." Not living in Oklahoma, I can speak to the veracity of that comment. However, their article was useful in pointing me to the complete statement from Ack-Mac on the NRA lawsuit.

From The Oklahoman:

"During a three-week review, an NRA forensic auditing firm received every single piece of information they (the NRA) requested.

Further, the NRA has had consistent access to any and all documents regarding NRATV analytics.

Despite the representation set forth in their lawsuit, the NRA had the personnel contract they claim AM (Ackerman McQueen) withheld last week before they filed their lawsuit. It was provided by the Williams & Connolly law firm. The transfer occurred as a result of a process for delivery of such highly confidential information.

This flagrant misrepresentation, along with other false claims, serve as the foundation of malicious intent exemplified by this lawsuit.

Months ago, legal counsel informed the NRA that “Mr. Brewer himself has an irreconcilable conflict of interest. Mr. Brewer is the son-in-law of Angus McQueen and brother-in-law of Ackerman McQueen’s CEO, Revan McQueen. Mr. Brewer has demonstrated, in words and deeds, his animus for Ackerman McQueen and these family members and that animus pervades the Brewer firm’s dealings with Ackerman McQueen, whether dealing directly with Ackerman McQueen or through other members of his firm.”

Ackerman McQueen has served the NRA and its members with great pride and dedication for the last 38 years. The NRA’s action is frivolous, inaccurate and intended to cause harm to the reputation of our company and the future of that 38-year relationship.

This lawsuit affects not only Ackerman McQueen, but the members of the organization whose dedication to the Second Amendment is shared equally with the defendants in this case. Much like we have done for the NRA and the Second Amendment over the past 38 years, we too will defend our position and performance aggressively."

You can tell this was written by a PR person. That last paragraph is evidence of that.  As to their lawfirm, Williams and Connolly is pretty fancy. Reports say their first year associates start at $200 grand. You have to bill a lot to be able to pay that.

Village Of Deerfield (Illinois) To Appeal Overturn Of Its AWB

The Village of Deerfield, Illinois had passed an ordinance in 2018 that would have banned standard capacity magazines and "assault weapons" (sic) broadly defined. They were sued by the Illinois State Rifle Association and the Second Amendment Foundation in the case of Easterday v. Deerfield. A second case was filed against the village by Guns Save Lives which was supported by the NRA.

The village lost in March when the Lake County Circuit Court issued a permanent injunction against the ordinance. Judge Luis Berrones found that the ordinance was a new law and not an amendment of a prior ordinance. In 2013 when the Illinois General Assembly passed the Concealed Carry Act and an amended FOID Act, they gave home rule municipalities a few days to amend their ordinances which could have included assault weapon bans. After that time, this power was reserved to the state.

Yesterday's Chicago Tribune is reporting that Deerfield plans to appeal.

The Village of Deerfield plans to appeal a judge’s March 22 ruling permanently blocking the village from enforcing a ban on assault weapons and large-capacity magazines.

In a short statement Tuesday, the village announced that Mayor Harriet Rosenthal and the village board had unanimously agreed April 15 to appeal the ruling of Lake County Circuit Court Judge Luis Berrones to the Illinois Appellate Court.

In that ruling, Berrones contended that Deerfield overstepped its authority in April 2018 when it enacted a ban on assault weapons after the Illinois legislature had declared such regulations to be the exclusive power of the state.

The village's statement on the appeal notes that they are being represented pro bono.

We appreciate the continued pro bono services that have been provided already, and that will be provided throughout the appellate process by the Brady Center to Prevent Gun Violence and Mr. Christopher Wilson, partner of the Chicago office of Perkins Coie. We continue to believe that these weapons have no place in our community and that our common-sense assault weapon regulations are legal and were properly enacted."

So an unholy alliance of gun prohibitionists and Big Law (Perkins Coie has 1,000+ lawyers) continues to conspire to help the Village of Deerfield trample on the rights of its citizens to protect themselves. This is lawfare at its worst.

The NRA Sues Their Ad Agency Ackerman McQueen (Update)

I don't begin to know or understand all the internal politics and machinations at the National Rifle Association. I do know that advertising firm Ackerman McQueen and their PR subsidiary Mercury Group have long been considered the power behind the throne. If reports are to be believed, they are the ones who orchestrated the ascension of Wayne LaPierre and the eventual departure of the late Neal Knox. Having heard the story from multiple sources, I give them a lot of credence.

Thus, it was quite surprising to read in yesterday's Wall Street Journal that the NRA was suing Ackerman McQueen and Mercury Group. The story has since been picked up by the New York Times, Fox News, the Washington Post, and a number of other media outlets.

The lawsuit was filed on Friday, April 12, 2019, in the Circuit Court for the City of Alexandria (Virginia). The lawsuit accuses Ackerman McQueen of impeding efforts by the NRA to inspect book and records including contracts related to the existing services agreement. This inspection is essential for the NRA Board to fulfill its fiduciary duty and to comply with New York non-for-profit law which governs the NRA's activities since it is incorporated in that state.

The specific concerns that the NRA sought to investigate include:

• Out of pocket expenses that lacked documentation as required by the Services Agreement
• Lack of transparency regarding annual budgets as well as adherence to the budgets by Ackerman McQueen
• Lack of transparency regarding "fair market value" determinations for services
• Concerns that the NRA was being invoiced for the full salaries of NRA-Dedicated Personnel despite these people spending time on non-NRA clients
• Refusal to provide data in writing on number of visitors, viewership numbers, and other performance metrics related to NRATV

A footnote also said that many of NRA's stakeholders were concerned "that NRATV's messaging - on topics far afield of the Second Amendment - deviated from the NRA's core mission and values." I know many of my friends in the Second Amendment community shared this concern.

I should note at this point that NRATV is owned by Ackerman McQueen and that personalities such as Cam Edwards and Ginny Simone are actually Ack-Mc employees. This, in turn, is the heart of the other major aspect of this lawsuit - the role of Oliver North with Ackerman McQueen and to whom he owes his allegiance.

The lawsuit alleges that Audit Committee of the Board of Directors sought to review the full contract between Ackerman McQueen and Col. North but was rebuffed. Moreover, North's attorneys indicated he would only "disclose a copy of the contract to the NRA subject to AMc's consent."

 The NRA's General Counsel was finally allowed to see the contract but was not allowed to have a copy. This review by the General Counsel led to many questions. These included a) was North a 3rd-party contractor or an employee of Ack-Mc with a duty of loyalty to them; b) whether previously disclosed costs borne by the NRA for the "North Contract" were accurate; and c) "whether the contract imposed obligations on Col. North that prevent him from communicating fully and honestly with other NRA fiduciaries about AMc." Thus, the NRA says it became determined to resolve these issues.

The suit asks that Ackerman McQueen be found in breach of contract, that they be required to furnish the NRA copies of all AMc-Third Party NRA Contracts, that they be ordered to furnish the NRA with copies of annual budgets for the period 2016-2018, a list of all NRA-Dedicated personnel and the amount of time they devote to the NRA account, and copies of all records that would show the costs to the NRA or the NRA Foundation (from Jan 1, 2018 through April 1, 2019) incurred by North's American Heroes series, from compensation to Col. North, from office space rented for Col. North or related staff, and whether each item was billed specifically to the NRA, the Foundation, or both.

Ackman McQueen contends this lawsuit is the work of the NRA's outside counsel William Brewer III who is the in-law of their co-CEOs Revan and Angus McQueen. However, the lawsuit is brought by the Virginia law firm of  Briglia Hundley not by Mr. Brewer's firm. Todd Rathner, NRA Board Member, speculates that the attack on Mr. Brewer is the work of the pro-AckMc faction of the Board in an effort to undermine Wayne LaPierre.

Board members Todd Rathner and Joel Friedman are on the record about the lawsuit with the New York Times.

The suit culminates the fracturing of a more than three-decade relationship between Ackerman and the N.R.A., going back to the shaping of such memorable lines as Charlton Heston’s proclaiming that his gun would have to be pried “from my cold, dead hands.” Wayne LaPierre, the longtime chief executive of the N.R.A., had previously been a steadfast champion of the Ackerman relationship.

“I think it says something about Wayne’s character, even though he’s had a long-term working business relationship with a vendor, he’s willing to do what is right and necessary for the N.R.A. and its members,” said Todd Rathner, a board member of the rifle association.

Joel Friedman, another board member, said he was dismayed that the documents had not been turned over.

“It leaves you questioning, and you can come up with all these potential different scenarios as to why, but none of them are good,” he said.

“My mind goes to: Are they overcharging us? That’s one,” he added. “Two, are there things charged to us that were not part of the contract? Then, No. 3, has there been a misallocation of personnel?”

It will be interesting to hear the discussion, if any, of this case at the NRA Annual Meeting which starts in little more than a week. As for me, the fact that Board members are finally questioning the costs as well as the role of Ackerman McQueen is good news. In a saner world, with a smaller board that held actual power, the Ackerman McQueen contract would have been put up for bid multiple times over the years. That it hasn't is a disgrace.


UPDATE:  Sebastian at Shall Not Be Questioned had this to say, in part, about the lawsuit.

This is a struggle that needs to happen. Bitter and I are not as anti-Ack-Mac as some folks. We think there’s merit to some of their work, and they do some things do well. But we also believe their relationship with NRA is unhealthy, and there probably is not be any fixing it. Sometimes you’re just better off pulling the tooth, rather than trying to save it. This is probably one of those cases.

I had a call out of the blue late this afternoon from a person on the NRA Board. It was off the record and not for attribution. This person thinks that the lawsuit might be a smokescreen to protect the NRA from New York State. It gives the impression that they are taking their fiduciary and financial duties seriously. As both the lawsuit notes and I mentioned above, the State of New York revised their statutes to require not-for-profits to do more due diligence and to pay more attention to where members and donors money is being spent.

The rationale behind this being a smokescreen to protect the NRA is that, according to this person, the NRA had not been requiring any sort of invoices or other detailed record-keeping for services rendered in years gone by. In other words, Ack Mc said here is how much we want and please send us a check. God forbid that they were that slack but I believe it.








So that you can read the whole lawsuit, I'm embedding it at the bottom of this post.

NRA v Ackerman McQueen by on Scribd

NYC Blinks. Unfortunately

When the Supreme Court surprised us by granting certiorari in NY State Rifle & Pistol Association v. City of New York et al, those of us in the pro-rights community rejoiced. This would be the first major Second Amendment case involving firearms accepted for cert since McDonald v. Chicago. A number of states as well as a number of gun rights organizations filed amicus briefs urging the Court to accept the case. As issue in the case was a New York City law that forbid those with handgun licenses from traveling outside the city limits with their handguns. They were only allowed to transport their handgun to one of seven licensed ranges within the city.

It was felt that this case might be used to establish both the right to carry outside the home and to set the standard that should be used in Second Amendment cases. David Kopel said the case offered the opportunity to "to begin reining in lower court nullification of the Supreme Court’s precedents in District of Columbia v. Heller and McDonald v. City of Chicago." Brian Doherty writing in Reason noted that the Second Circuit "believed that the constitutional right to keep and bear arms pretty much only counts in the home, and thus these transport laws do not harm its core purpose." He went on to say the many American believe their right to self defense does not end when they step out the door of their home.

At the end of March I noted an op-ed by Ladd Everitt, Director of George Takai's gun control organization One Pulse for America, which urged the City of New York and the NYPD to change the law forbidding transport. I postulated that the gun control lobby was getting a bit nervous by this case and wanted the city to do what it took to moot the case. While I don't think Everitt's op-ed would case the City of New York to reevaluate its law, I'm sure some heavy hitters among the gun prohibitionists getting on-board this bandwagon would.

Michael Bloomberg's wholly funded mouthpiece, The Trace, ran a story on Monday on the case and by Friday the City of New York had filed a motion with the Supreme Court advising them that the NYPD was engaging in a proposed rulemaking that would moot the case.

From the city's attorney:

The Court granted the petition for a writ of certiorari in this case on January 22, 2019, and petitioners’ merits brief is currently due on May 7, 2019.

I write to advise the Court of a proposed rulemaking. If adopted in accordance with established procedures, the proposed rule would render this case moot before the parties complete the merits briefing in this case. For this reason, I also write to request that the Court stay the current briefing schedule pending final action on the proposed rule.

The proposed rule would allow residents with a premises permit for their handgun to transport them, unloaded, in a locked container, with the ammo in a separate container to:

• Another premises of the licensee where the licensee is authorized to have and possess a handgun;
• A small-arms range/shooting club authorized by law to operate as such, whether located within or outside New York City; and
• A shooting competition at which the licensee may possess the handgun consistent with the law applicable at the place of the competition.

The NRA-ILA released a statement calling the move, in essence, a sham.

“The City of New York clearly knows that its current restrictions on the carrying and transportation of lawfully owned firearms are unconstitutional and will fail under any standard of constitutional review, as the NRA has been saying for years. Today, it asked the U.S. Supreme Court to ignore the Constitution and allow the City to slow walk a narrow expansion of its current policy through a lengthy bureaucratic process -- the result of which, even if adopted, would still unduly infringe upon the fundamental, individual right to keep and bear arms under the Second Amendment. That is not how things work in the Supreme Court; the Court does not put its review on hold while the government embarks on a journey that at best might fix only a limited part of the constitutional defect. This is nothing more than a naked attempt by New York City to resist Supreme Court review of policies that even New York must recognize as inconsistent with the holdings in District of Columbia v. Heller and McDonald v. City of Chicago. The City of New York did not respect its citizens' Second Amendment rights before the Supreme Court granted review in this case and it will not respect them going forward. We are confident that the Court will reject New York's desperate attempt to avoid review of its blatantly unconstitutional laws."

 I'm not sure the NRA is correct in being confident that the Supreme Court will reject New York City's request to hold off on briefing the case. Given the chance to avoid the issue, I think the Supreme Court as led by Chief Justice Roberts may do just that. They have had many other opportunities to take another Second Amendment case and have punted.

I Have A Thing For 16 Gauge

And Stevens has the thing for me!

Stevens by Savage just announced they will be importing their Model 555 and Model 555 Enhanced in 16 gauge from Turkey. They had previously offered these in 12 and 20 gauge.

From their release:

Get the performance and style of the Stevens 555 Enhanced in a new 16-gauge model. Its light aluminum receiver is scaled to gauge and incorporates a steel insert that reinforces the breech, minimizing weight and maximizing strength. The fast-handling over-and-under boasts upgrades including an Imperial walnut stock and fore-end, auto shell ejector, and a silver, scroll-engraved filigree ornament receiver. Standard features include a manual safety and a single, selective mechanical trigger—all at a price that’s unmatched among comparable shotguns.

FEATURES:

•    New 16-gauge model

•    Auto ejectors

•    Imperial walnut stock

•    Silver, scroll-engraved filigree ornament

•    Five interchangeable chokes

•    Lightweight aluminum receiver

•    Single selective mechanical triggers

•    Chrome-lined barrels

•    Tang-mounted safety

The Stevens 555 Enhanced comes in at 6.45 lbs, has 28 inch barrels, and is made by Kofs of Turkey.

MSRP for the Enhanced version is $879 and the non-engraved blued version is $705. That's a lot of gun for the price given that most over-under shotguns start at over $1,000 and go up from there.

As to why I have a love for the 16 gauge, I just do. It is a classic gauge that has fallen out of favor and I think that is part of its appeal to me.

This Saddens Me

There were two candidates running for the NRA Board of Directors who had been nominated by petition. They were Adam Kraut and Anthony Colandro. Both had a good deal of support from grassroots Second Amendment activists.

You can guess what I'm going to write next.

Neither Adam nor Anthony were elected.

From Adam on Facebook:

Earlier this morning, I received word that I was not elected to the NRA Board of Directors.

I want to express my deepest gratitude to everyone who supported me the last three years. The amount of time and effort many of you put in was nothing short of amazing. I am forever grateful that so many of you believed in me.

This was never about me obtaining a seat on the Board but about trying to put the organization on a path that reflected our values. I hope that you all continue to remain engaged, communicate your frustrations with the Board directly, look for new candidates that reflect your values and put the same tenacity in your support behind them as you did myself.

Anthony posted a video about it on Facebook and it can be seen here.

This saddens me. I'm sure when I see the final results that a celebrity who never attends meetings will have come out in first place or within the top five. Moreover, just like last year and the year before, I'll wager that there will be a concerted effort to elect an establishment candidate for the 76th Director.

This sucks because Anthony is doing yeoman's work behind enemy lines in New Jersey and Adam (along with Joshua Prince) is leading the legal battles against the phone and a pen, wink and a nod bump stock ban rule as well as the illegal activities of the Pittsburgh City Council. They are in the trenches. They are actually fighting for the Second Amendment in all its glory. I wish I could say the same for the NRA which has given President Trump cover on both the bump stock ban and red flag laws.