Month: November 2019

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“His contributions to the NRA have been transformative.”

November 16, 2019 by 5 Comments

“Wayne LaPierre’s compensation reflects his enormous contributions to our members and the freedoms for which they fight,” NRA President Carolyn Meadows said in a statement. “His contributions to the NRA have been transformative.”

The statement from Mrs. Meadows come in response to reports in the Wall Street Journal, the New York Times, and the Washington Post about Wayne LaPierre’s reported compensation in 2018. This comes from the not-yet public Form 990. That form is a financial report that all not-for-profits must file with the Internal Revenue Service annually.

The AP reports:

According to the filings, known as 990s, longtime NRA CEO Wayne LaPierre’s total compensation rose to more than $2 million. His base salary went from $1.17 million to $1.27 million, he received a bonus of about $455,000, and he got about $366,000 from a deferred compensation plan, according to the documents cited in media reports.

The story from the Wall Street Journal notes that revenues rose 13% while expenses rose 7% for the year. It also noted that Brewer, Attorneys and Counselors, was paid $13.8 million in legal fees making it that third-largest NRA vendor. The largest vendor for 2018 was, as may be expected, Ackerman McQueen.

Ackerman was the largest outside vendor, having been paid $32 million, plus $6.3 million for out-of-pocket expenses, including media buys and “reimbursement of travel and business expenses.”

Given past reports regarding LaPierre’s use of AckMac to disguise his actual spending, I wonder how much of the reimbursement was for his personal expenses.

In addition to the reports on LaPierre’s compensation was this note in the Washington Post on the monies spent by NRA-ILA.

Spending by the political arm of the NRA dropped from $47.1 million in 2014 to $32.51 million in 2018, the filings show. That was the midterm election in which Democrats took over the House and gun-control groups outspent the gun lobby for the first time.

That is very concerning. The monies spent – or in my opinion, wasted – on Brewer, Attorneys and Counselors, could have been used to support the campaigns of pro-gun candidates.

I will be requesting a copy of the 2018 Form 990 from the NRA Secretary’s Office. I have a feeling that it will contain many more unwelcome revelations.

As to the comment from Mrs. Meadows with which I started this post, I agree with her last sentence. LaPierre has been transformative for the NRA. However, if the last few years are any indication, it is not in the way that Meadows means or that you and I would want.

NOTE: If any of my readers has a copy of the 2018 Form 990 or a link to it, please send to me at jpr9954 AT gmail DOT com.

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More On S&W Changes

November 15, 2019 by

American Outdoor Brands Corporation held a shareholder update webcast on the plans to split the company. The webcast last for about 30 minutes if you want to listen to it. It can be found here.

I have embedded the slides for the presentation below. It shows which brands will go to Smith & Wesson and which brands will stay with American Outdoor Brands.

AOBC CEO James Debney acknowledged there had been significant changes in the political, financial, and insurance arenas over the past five years. Based on that, they decided it was in their best interest to separate into two distinct companies. It should be noted that the decision to make the split was in the works for many months. The timing of the announcement which the day after the Supreme Court’s denial of cert to Remington was merely coincidental.

AOBC Spin Off Deck Nov 2019 by jpr9954 on Scribd

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Domestic Terrorists? Not So Fast

November 14, 2019 by 2 Comments

I came across an interesting article yesterday. It was from the Canadian group Organization for World Peace. The article by Abhishek Kumar discussed the labeling of the NRA as “domestic terrorists” by the San Francisco Board of Supervisors. His conclusion is that such labeling is out of place. Mind you, Kumar is no fan of the NRA and the Organization for World Peace leans left.

Kumar notes that the labeling of the NRA as a domestic terrorist group has a political, not objective, purpose. By such labeling, San Francisco sought to “subvert the political and social influence of the NRA by undermining its legitimacy.” The goal is to reduce the power of the NRA’s opposition to more gun control.

The politicisation of labelling the NRA a “domestic terrorist organisation” raises concerns regarding the subjectivity of terrorism through which personal interests seem to be unavoidable. Terrorism inherently is perceived through an accompanied political narrative, however, San Fransisco city’s ruling appears to reflect broader political and social tensions. The NRA embraces the second amendment and actively promotes gun ownership, however, this does not fit the criteria of being a ‘domestic terrorist organisation’. Following the FBI’s definition of domestic terrorism, the NRA does not promote or encourage the commission of violent crime as a result of extremist ideologies. It does, however, stand on hard-line policies in regards to gun ownership.

He goes on to add that legislative bodies should refrain from such resolutions.

Following this idea of political interests, legislative bodies should refrain from designating opposing actors as “terrorist organisations” in order to fulfil political goals and delegitimise political opponents. While increased social tensions regarding gun violence cultivate an environment to hold an individual or organisation responsible, it important to not address domestic terror attacks and weapons used to enact those attacks as a single issue.

Kumar concludes that gun ownership is a national security issue. But, he adds, the promotion of gun ownership does not make the NRA or other groups responsible for “extremist ideologies, specifically the increasing right-wing extremism.”

I doubt Kumar and I would see eye to eye on most issues including the need for more gun control. I also question the notion that “right-wing extremism” is really on the rise or is any more prevalent than that coming from the left such as Antifa. However, I do agree with him that labeling political opponents as “domestic terrorists” based on policy differences is dangerous and ought not be done.

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S&W To Become Free-Standing Company

November 13, 2019 by

American Outdoor Brands Corporation announced today that it planned to separate into two publicly traded companies. One company would be focused on firearms (Smith & Wesson) while the other company would be dedicated to outdoor products (American Outdoor Brands). The split would be finalized in the second half of 2020 according to the press release.

Bloomberg reports that the split is part of “an effort that may help it boost values that have flagged under pressure for gun reforms in the U.S.” “Gun reforms” is the euphemism that Bloomberg is using for gun control.

While something like this would have been in the works for months, I find it interesting that the announcement is being made the day after the Supreme Court denied cert to Remington. Bloomberg does make reference to this in their article as well as moves by retailers such as Dick’s and Walmart to limit what firearms and ammunition they sell.

The official rationale for the split is to let each segment concentrate on their separate markets.

The purpose of the spin-off is to enable the management team of each company to focus on its specific strategies, including (1) structuring its business to take advantage of growth opportunities in its specific markets; (2) tailoring its business operation and financial model to its specific long-term strategies; and, (3) aligning its external financial resources, such as stock, access to markets, credit, and insurance factors, with its particular type of business.

AOBC Chair Barry Monheit said, ” There have been significant changes in the political climate as well as the economic, investing, and insurance markets since we embarked upon what we believe have been our very successful diversification efforts.” It is obvious to me that Monheit is speaking about both national and state efforts to impose more restrictions on firearms ownership and possession.

The move by American Outdoor Brands is similar to that of Vista Outdoor. In that case, Vista Outdoor was the firearms-centric portion of the ATK split. While initially the stronger part of the split company, the pull back in firearm and ammunition sales hit it hard. They finally sold off the Savage Arms portion of the business this summer to concentrate on ammunition and the other outdoor portions of their business.

James Debney, the current CEO, will become the CEO of American Outdoor Brands. Mark Smith will become CEO of Smith & Wesson. He is currently the president of the Manufacturing Services Division of AOBC.

The entire press release can be found here. It goes into much more detail on the lower leadership positions, finances, etc.

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Remington Denied Cert (Updated)

November 12, 2019 by 7 Comments

The US Supreme Court has denied a writ of certiorari to Remington in their appeal of the Connecticut Supreme Court’s ruling. That ruling allowed the lawsuit by some of the families of the Newtown murders against Remington to go forward. The Connecticut Supreme Court had said Remington would not be protected by the Protection of Lawful Commerce in Arms Act.

The denial was in the Order List released this morning.

As I mentioned earlier, the anti-PLCAA forces had brought out the big legal guns with Obama’s former Solicitor General. His argument must have swayed enough justices that they voted against taking the case.

You can read more about the Connecticut Supreme Court’s ruling in the case here.

This means that the lawsuit against Remington will go to trial in Connecticut Superior Court and that the plaintiffs can go on a fishing expedition through Remington’s records.

To be blunt, this denial of cert sucks. It turns on its head the supremacy of Federal law and makes a mockery of a law passed by Congress to prevent exactly what the plaintiffs are seeking to do.

UPDATE: Dave Hardy, 2A scholar and attorney, gives his take on the SCOTUS denial of cert in the case. He still thinks the plaintiffs have a long way to go before they win.

Big point: the trial court dismissed the suit for “failure to state a claim.” This is the first stage at which a suit can be reviewed. Dismissal is only proper if it is based on the pleading, bare written allegations. The CT Supremes said only that it couldn’t be, at this stage. Plaintiff still have to prove their allegations (after discovery, they can be challenged by a motion for summary judgement, and if that’s denied, fought at trial). The CT Supremes even allowed that plaintiff may have to surmount “herculean” barriers to win.

I’ll defer to Dave given his long experience as an attorney.

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Veterans Day 2019

November 11, 2019 by 1 Comment

Let me start off by thanking everyone who served in the military regardless of branch. Without your service, in both peacetime and war, we wouldn’t have the freedoms that we have today.

I was thinking about my Dad this morning. He served 28 years of active duty in the Army and was medically retired in 1972. He was 53 and was suffering from a wide range of health conditions probably brought on by his military service.

My Dad died at age 62 and 10 days. He was actually born on April 3rd and not April 13th like it says on the grave marker.

On May 5th, I officially outlived him. Unlike him, I never smoked, I never was in a war zone, and I was never exposed to Agent Orange. With the exception of not smoking, I wasn’t exposed to the things he was thanks to his service and that of millions of more men and women just like him.

So on this Veterans Day, remember and thank those family members and friends who did serve. Thank them for the lives we live thanks to their hard work and sacrifices.

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A Trip To Cold Mountain

November 10, 2019 by 4 Comments

The North Carolina Wildlife Resources Commission runs a number of shooting ranges that are open to the public. The one closest to me is the Wayne E. Smith/Cold Mountain Shooting Range. It is in the shadow of Cold Mountain in the Pisgah National Forest. The range first opened in 2008.

When I first went to the Cold Mountain Shooting Range, it was an unmanned 100-yard range with a gravel parking lot. The only improvements were the berm, the covered shooting line, and concrete walkways to the 25, 50, and 100 yard lines. There was no range safety officer, no toilets, and no pistol only range.

This is what it looked like looking towards the shooting line.

Fast forward to yesterday. There are now dedicated rifle and pistol ranges. The rifle range has a series of steel strike baffles going out to 50 yards. Each of the five rifle stations is universally accessible and have sound suppression baffles.

More importantly, there is a range safety officer hired by the NCWRC there at all times. All first time users must go through a safety briefing. Everyone gets a shooting range pass which can be used at any of the ranges run by the commission. The RSO assigns shooting lanes, maintains control of the range, calls cease fire, etc. In other words, the often unsafe practices of the unmanned range are gone.

There is a range office and a pair of PortaJons.

There are now 10 Wildlife Resources Commission managed ranges, another one is under construction, and two more are proposed.

I think the Wildlife Resources Commission should be applauded for how they have continually upgraded this range as well as the other ones. It takes money and it appears they have spent it wisely. Given most of these ranges are free, that money has come from licenses and Pittman-Robertson monies.

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Happy 244th Birthday, US Marine Corps

November 10, 2019 by

On November 10, 1775, the Second Continental Congress commissioned Tun Tavern‘s innkeeper Samuel Nicholas to raise two battalions of Marines.

JOURNAL OF THE CONTINENTIAL CONGRESS

(Philadelphia) Friday, November 10, 1775


Resolved, That two Battalions of marines be raised, consisting of one Colonel, two Lieutenant Colonels, two Majors, and other officers as usual in other regiments; and that they consist of an equal number of privates with other battalions; that particular care be taken, that no persons be appointed to office, or enlisted into said Battalions, but such as are good seamen, or so acquainted with maritime affairs as to be able to serve to advantage by sea when required; that they be enlisted and commissioned to serve for and during the present war between Great Britain and the colonies, unless dismissed by order of Congress: that they be distinguished by the names of the first and second battalions of American Marines, and that they be considered as part of the number which the continental Army before Boston is ordered to consist of.


Ordered, That a copy of the above be transmitted to the General.

Since that time, the US Marine Corps has been defending America.

And it isn’t just men doing the defending.

As my fellow Polite Society Podcast co-host Amy Dillon will attest. Among other jobs in the Marines, Amy served as a drill instructor at Parris Island.

Since 1921 the Commandant of the Marine Corps has released a birthday message on November 10th. Commandant David Berger has continued that tradition and his message is here. He says, in part:

The strength of our Corps is our Marines. Our success depends on all Marines embodying the values in which our Corps was founded; it requires leveraging the talents and ingenuity of every Marine to strengthen our Corps. Since 1775, courageous Marines have answered the call to fight for freedom and shaped our reputation as the most feared fighting force the world has seen. Marines from each generation approached every battle with a lethal combination of versatility, perseverance, and adaptability that has allowed us to prevail in any clime and place.

Even though I come from an Army family, I recognize that the Marine Corps, more than any other branch of the US Armed Forces, seems to make the greatest effort to transmit their values, history, and tradition to the next generation of Marines.

So to all my friends and readers who served in the United States Marines Corps, Semper Fi and Happy Birthday!

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NRA Drops Lawsuit Against San Francisco

November 8, 2019 by 2 Comments

The NRA officially dropped their lawsuit against the City and County of San Francisco yesterday. The lawsuit was brought due to a resolution approved by the Board of Supervisors branding the NRA a “domestic terrorist organization”.

NOTICE IS HEREBY GIVEN that pursuant to Federal Rule of Civil Procedure 41(a)(1)(i), Plaintiff the National Rifle Association of America voluntarily dismisses without prejudice the above-entitled action against all Defendants. This notice of dismissal is being filed with the Court before service by Defendants of either an answer or a motion for summary judgment.

San Francisco, in their reply to the original complaint, contended their resolution was a “statement of policy” and “non-binding”.

From the San Francisco Chronicle:

Mayor London Breed had already told city staff that the measure did not limit the city’s dealings with any vendors doing business with the NRA. Stefani said her resolution was a legitimate public denunciation with no binding consequences.

At the time Mayor Breed made her statement that the resolution would not impact dealings with vendors, NRA outside counsel William Brewer III indicated that the lawsuit would continue until the the resolution was formally revoked. As of yesterday, the resolution had not been revoked but nonetheless the case was dismissed.

Both sides are now claiming victory in the lawsuit.

City Attorney Dennis Herrera issues a short statement that said:

“We’re pleased the NRA backed down on its frivolous lawsuit. This was a baseless attempt to silence San Francisco’s valid criticisms of the NRA and distract from the gun violence epidemic facing our country. San Francisco will never be intimidated by the NRA. If the NRA doesn’t want to be publicly condemned for its actions, it should stop sabotaging common sense gun safety regulations that would protect untold numbers of Americans every year, like universal background checks, an assault weapons ban, and restrictions on high-capacity magazines.” 

The NRA and its attorney proclaimed victory in a multipart Twitter post:

Today the NRA withdrew its lawsuit in SF – and now celebrates the important victory it obtained on behalf of its members. As has been widely reported, after the Association challenged the unconstitutional resolution, the City beat a hasty retreat and backed down from its wildly illegal blacklisting scheme. The censors are on notice. The NRA will always fight for the Constitution, and will re-file if the City tries anything like this in the future.

So it appears that each side got a participation trophy allowing both sides to claim victory. The NRA got San Francisco to declare that the resolution was non-binding and San Francisco got the lawsuit dismissed without officially revoking the resolution.

I don’t think anyone can question that the NRA had to sue San Francisco in this case. However, I did find it interesting that the NRA didn’t use attorney Chuck Michel and his firm to handle the lawsuit. Michel and Associates has traditionally been the NRA’s go-to law firm for California related cases. Instead they used Las Vegas based Garman Turner Gordon as their attorney on the ground and Brewer, Attorneys and Counselors, as “of counsel”.

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Boycotts Versus Buycotts

November 7, 2019 by 7 Comments

Ed Stack, the anti-gun CEO of Dick’s, said the buycott of his chain really didn’t help his company’s bottom line. However, the boycott of Dick’s by Second Amendment supporters did hurt the company’s finances.

This comes from an interview Stack did with Business Insider.

Dick’s Sporting Goods contended with both boycotts and “buycotts” in the wake of its decision to draw back from the gun business.

But according to CEO Ed Stack, the consumers who gave the company the cold shoulder had a far greater effect on business than any newfound supporters.

The word “boycott” originated with a protest by the Irish Land League against the actions of Captain Charles Boycott 1880. It means withholding your services or financial support as a means of political protest.

“Buycott” is of more recent vintage and means just the opposite. You go out of your way to buy the product or services of a company as a show of support for their political position.

Stack noted that while he appreciated all the support for stopping sales of modern sporting rifles, it was short lived.

“The buycotts were really nice and we appreciated it, but they were kind of short-lived,” Stack told Business Insider.


Stack said that alienated consumers included both hunters and non-hunters who felt “angry” over Dick’s decision to back away from the gun business. All in all, striking guns from the stores ended up costing the company.


“By the time we got done, it was about a quarter of a billion dollars,” Stack said.

It is one of the tenets of sales that it costs more to gain a customer than to keep one. Moreover, the lifetime value of an existing customer far outweighs that of a one-time purchaser. The person who spends $750 on an AR and comes back to you to buy ammo on regular basis is worth more to your company than the mom who drops in once in a blue moon to buy running togs.

Stack should have read Joe Girard’s book How to Sell Anything to Anybody. Joe Girard was the world’s greatest car salesman. He found that the average person has about 250 friends and acquaintances who will show up to your funeral. If you make that person angry by your service or attitude, he or she is likely to influence 250 other people. Unfortunately for Stack, people are more likely to complain than to give kudos and his bottom line proved it.