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http://www.nra.org
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Date : Mon Feb 02
From : Alex Vasauskas                                            
To   : groots@nra.org 
Subj : Gun rights progress
groots@nra.org wrote in a message to Alex Vasauskas:
 gn> There is nothing hypocritical, as our goal is to protect gun owners
 gn> rights.  If that means challenging a law on grounds other than the
 gn> Second Amendment, because we feel that that might be the quickest
 gn> way to repeal it, then that is simply a matter of tactics.
This is not an acceptable legal strategy in *any* case.
As any competent attorney will advise you, the best and only
prudent tactic in a lawsuit is to raise every issue that has
a chance of winning -- especially in the initial complaint.
If you raise only the issues you speculate may be the quickest
way of winning and you lose on those, you may end up having waived
all of your other undisclosed issues and never be permitted to
bring them up before the court.  Considering the course of the
current lawsuit, the folly of such an approach should be apparent
and frightening -- particularly in light of the difficulties relative
to establishing standing that have already occurred.
If the object of a lawsuit is to protect 2nd Amendment rights, it
doesn't take much legal understanding to appreciate that the 2nd
Amendment needs to be raised as an issue in the lawsuit.  The fact
that this has apparently not been done in this case indicates that
NRA's attorneys have determined that the assault-weapons-and-high-
capacity-magazines ban does not violate the 2nd Amendment,
that the NRA has an ulterior motive for not raising the issue of a
2nd Amendment violation, or the NRA's attorneys are malpracticing.
It is difficult to accept any of these descriptions relative to
the NRA's involvement in a gun-rights lawsuit, but the circumstances
lead to one of these conclusions -- not a judgment call regarding
tactics.
Thank you for your attention,
Alex Vasauskas
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Date : Tue Feb 03
From : groots@nra.org                                        
To   : Alex Vasauskas                                            
Subj : Re: Gun rights progress
I appreciate your comnments, and while I will defer to our attorneys,
who have worked extensively in the arena of legal matters surrounding
firearms, including testifying before the U.S. Congress, and working on
Supreme Court cases, as to what is the best method to defend our rights
as gun owners, I'll be sure to let them know how you feel.  Perhaps it
would be best that you write to our Office of General Counsel, one
attorney to another, to express your concerns.  Unfortunately, I am not
a practicing attorney, as it appears that you are, so I would not be the
best person to discuss the intricacies of successful legal strategies.
Sincerely,
Anthony Roulette
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NRA-ILA Grassroots Division
E-mail: groots@nra.org
National Rifle Association
Institute for Legislative Action
11250 Waples Mill Road
Fairfax, Virginia  22030
(800) 392-8683
http://www.nra.org
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