To: ALL MEDIA
For Immediate Release

May 6, 2003

For more information contact:
Dave Bean or Matt Masterson
(518) 434-3582

Defense Rests Case In NAACP Lawsuit Against Firearms Industry

BROOKLYN, NY - Lawyers representing members of the firearm industry sued by the National Association for the Advancement of Colored People (NAACP) rested their case today after just one week of testimony. Lawyers for the gun makers and distributors called a number of highly esteemed experts who demonstrated to Brooklyn federal court Judge Jack B. Weinstein, and an “advisory” jury, the scientific flaws and other problems with the research and opinions offered earlier in the trial by experts retained by the NAACP.

“It has now been irrefutably established that the ‘opinions’ offered by the NAACP’s so-called experts were based on agenda-driven science. Time and again we established how the NAACP’s ‘experts’ cherry-picked information to arrive at preordained conclusions, ignoring or misrepresenting any data that didn’t fit those conclusions,” said Lawrence G. Keane, vice president and general counsel for the National Shooting Sports Foundation (NSSF).

“The intellectual dishonesty of the NAACP’s ‘junk science’ has been exposed. ‘The emperor has no clothes’,” Keane said.

Highlights from the defense’s case included testimony from Professor Nancy Mathiowetz, PhD, an expert on survey methods; Professor Gary Kleck, PhD, an expert criminologist whose research specializes on guns and crime, and Professor William Wecker, PhD, an expert on statistics.

Professor Mathiowetz refuted the testimony of NAACP witness Lucy Allen, who had offered a number of dubious opinions allegedly based on ATF trace data. Much of the trace data Ms. Allen used has never before been available to anyone outside of law enforcement - including the gun makers. The data analyzed can not be used outside of this litigation.

Professor Mathiowetz testified that Allen’s interpretation of the data was fatally flawed because of numerous errors in her methodology. Professor Mathiowetz also testified that it was not scientifically appropriate to base any opinions on the data Ms. Allen relied upon. None of the data was capable of, or reliable for, answering the questions Ms. Allen said she was trying to answer.

Professor Kleck testified that the secondary, or used market, is where the vast majority of criminals get the guns they use in crime not, as the NAACP claims, from firearms dealers through the lawful and highly regulated sale and distribution of firearms, known as the primary market. Professor Kleck also testified that gun trafficking by licensed gun dealers is extremely rare and that gun shows are not a significant source of guns for criminals. His conclusions are consistent with recent reports by the U.S. Department of Justice and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATFE).

Professor Kleck testified that academic evidence indicated more guns are stolen every year than are used annually in violent crime. This refuted the NAACP’s main premise that most criminals get guns from corrupt dealers.

Finally, Professor Kleck testified that the gun control restrictions the NAACP is seeking to have Judge Weinstein impose nation wide on the sale and distribution of firearms would not stop criminals from acquiring guns. “Using appropriate evidence and research methods, Professor Kleck established the NAACP’s allegation are untrue and their desired remedies ineffective,” Keane said.

The gun makers also offered the “advisory” jury the expert testimony of William Wecker, PhD., a world-renowned statistician. Like Mathiowetz, Professor Wecker established that Ms. Allen’s methods were suspect and her “opinions” unreliable.

“Professors Mathiowetz’s and Wecker’s critique left little, if any, of Ms. Allen’s opinions standing. As we saw, not even Ms. Allen’s resume was reliable,” Keane said, referring to the fact that Ms. Allen’s resume appeared to have been inflated.

The gun makers also played portions of the taped deposition of NAACP employee Mildred Roxborough. The NAACP presented Roxborough as the person within the NAACP with the most knowledge of wrongdoing by the gun makers and distributors. Not surprisingly, Ms. Roxborough testified the NAACP had no knowledge that any defendant had broken any law, had done anything that caused a criminal to get a gun, had done anything that caused a firearms related injury, or caused any harm to the NAACP.

(A segment of this video deposition can be viewed at www.hsshf.org/legal, by clicking on “NAACP Trial and then clicking on “What the NAACP knows about industry wrongdoing”.)

“This case is Judge Weinstein’s ‘Mulligan’,” Keane said, referring to the 1999 Hamilton trial Ms. Barnes tried to a verdict against gun makers before Judge Weinstein but which was later reversed by an unanimous appellate court.

“It is the same plaintiffs’ lawyer calling the same experts who are offering the same tired and discredited opinions before the same hand-picked judge,” commented Keane. “New York’s high court in the Hamilton case rejected Ms. Barnes’ theory, being advanced again here, that manufacturers are responsible for the actions of criminals. New York law is clear; the ATFE trace data cannot serve as a substitute for actual evidence,” Keane said.

The gun makers, however, are resigned to the fact that Judge Weinstein will likely rule against them no matter the evidence or the law. “While we hope for the best, we know whose courtroom we are in. Suffice it to say the case is being tried for the appeal,” Keane said.

“The NAACP lawsuit is the poster child for why the Senate needs to pass the Protection of Lawful Commerce in Arms Act (S. 659),” Keane said. The House of Representatives has already overwhelmingly passed the bill. Additionally, 30 states have already enacted similar common sense legislation.

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To view the entire press kit for this trial, go to Web site and click on “NAACP Trial”.