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Early Voting Opens In North Carolina Today

October 20, 2016 by 1 Comment

Early voting opens in North Carolina today. In Buncombe County where I live, it starts at 10am and runs to 6pm. Times in other counties may differ. The one-stop early voting runs until Saturday, November 5th. You can check the North Carolina State Board of Elections for which district you live in, links to your county elections board, and more.

In time for this, GRNC-PVF has released their recommendations of candidates for the office of President and on down. It is part of their Remember in November project. You will notice that they give recommendations and not endorsements. Recommendations are based upon their evaluation of which candidate would be better on gun rights issues.

2016 GRNC-PVF General Election
Candidate Recommendations
The
2016 election is a referendum not only on the Second Amendment, but
on diametrically opposed plans for the future of our Republic. Key to
the outcome of that election is North Carolina, which is now regarded as
a hotly
contested “battleground state.” Translated, the future of our Republic
is now in your hands. If you fail to vote, if you fail
to bring like-minded people to the polls, Hillary Clinton’s nomination
of the next Supreme Court justice will be, quite literally, your
fault.

Candidate recommendations versus evaluations:
Below are
recommendations for effective voting strategies by the Grass Roots North
Carolina Political Victory Fund. Candidate recommendations, which are
more
limited than blanket “endorsements,” are not made in all races, only in
races where a clear pro-gun candidate stands out or where
strategic voting is necessary to keep anti-gun candidates out of office.

Recommendations differ from GRNC candidate evaluations. While the
evaluations are
intended to provide an objective measure of where candidates stand on
Second Amendment issues, GRNC–PVF recommendations are analytical and
therefore subject to interpretation. For a full explanation of GRNC’s
objective star evaluations, go to: http://www.grnc.org/remember-in-november/grnc-candidate-evaluations-2016

Important note:
Candidates who lack voting records or other
history on Second Amendment issues and who fail to return GRNC’s
candidate survey automatically receive a zero star evaluation (0) on the
assumption that they are hiding their position from gun voters. Every
election year, we receive complaints about ostensibly pro-gun candidates
who
receive zero star evaluations due to failure to return the survey. Each
candidate is mailed a survey to the address he or she registered with
the
State Board of Elections. If they fail to return the survey, we cannot help candidates who will not help themselves.

Voting instructions: General election One Stop Early Voting
begins on October 20 and ends on November 5 at 1:00 PM. Absentee ballots must be received by 5:00 PM on November 8. Election day is
November 8 between 6:30 AM and 7:30 PM. Click here to find your polling place on election day, or click here to find your One Stop
Early Voting place.

Important changes to voting laws: Due to ongoing litigation,
same-day registration will still be permitted during One Stop Early Voting. Straight party voting is no longer permitted, so
GRNC strongly suggests you investigate individual candidates. Please click here to find out about
identification requirements.

GRNC CANDIDATE
RECOMMENDATIONS

Key to listings:
Included in listings below are scores on
GRNC’s candidate survey, pro-gun voting percentage, and GRNC star
evaluation (0-star, *, **, ***, or ****, depending on how closely a
candidate
can be expected to agree with a control group of conservative gun
owners). “NR” means the candidate failed to return GRNC’s survey
which, for candidates without voting records, gives the candidate a
0-star (0) evaluation.

US PRESIDENT

Thanks to his change in position on key Second Amendment issues, DONALD
TRUMP now holds a GRNC 3-star (***) evaluation. He may or may
not be your first choice, but make no mistake: The election of Hillary
Clinton
to POTUS absolutely will allow her to make at least one (and probably
more than one) Supreme Court appointment – this from a candidate who is
on
record as saying the SCOTUS decisions affirming an individual right to
arms are “wrong.” Without doubt, such a Clinton Supreme Court would
reverse both the Heller and McDonald decisions and pave the way for
massive gun bans. Beyond Clinton’s fundamental and pervasive corruption,
she
is on record as supporting semi-auto bans, universal gun registration
(a/k/a/ “universal background checks”), and Australia-style gun
confiscation. If Democrats also gain control of the US Senate (see
below), the Senate Majority Leader will be Sen. Charles Schumer – a
dedicated, long-term opponent of gun rights. Do not for a moment think
you can “sit this one out” simply because you don’t like
either candidate. It is your duty to keep Hillary Clinton out of the Oval Office.

US SENATE

In
this closely contested race which could be key to control of the US
Senate,
GRNC-PVF recommends Republican RICHARD BURR.
With a 91%* pro-gun voting record, Burr holds GRNC’s highest 4-star
(****)
evaluation. Opponent Deborah Ross has a long history of antagonism
toward both gun rights and traditional American values. Beyond her
abysmal 21%
voting record, as NC House Judiciary Chair, Ross was responsible for
killing one of GRNC’s first Castle Doctrine bills, despite the fact that
it
had cleared the Senate and was sponsored by a fellow Democrat. In
fairness, with a 94% survey, Libertarian Sean Haugh also earned a GRNC
4-star
evaluation. Because he will likely garner less than 5% of the vote,
however, a vote for Haugh is a vote to put anti-gun Deborah Ross in the
Senate and to potentially give Hillary Clinton the votes needed to pass gun control.

US HOUSE

District 1:
With only a 33% voting record, incumbent GK
Butterfield earned only GRNC’s lowest 0-star evaluation. Unfortunately,
Republican challenger H. Powell Dew, Jr. failed to return GRNC’s
survey, also earning a 0-star evaluation. GRNC-PVF recommends Libertarian J. J. SUMMERELL (survey 95%, GRNC ****).

District 2: GRNC-PVF recommends Republican GEORGE
HOLDING. Holding scored 95% on GRNC’s survey, earning four stars (****), while challenger John McNeil refused to return the survey,
netting a 0-star evaluation.

District 3: With a 100% survey score and a 97% pro-gun voting
average, earning a GRNC four-star evaluation (****), GRNC–PVF continues to recommend incumbent WALTER JONES. Challenger Ernest
Reeves refused to return the survey, netting a 0-star evaluation.

District 4: Against longtime anti-gun Democrat David Price (0%
voting record, GRNC 0), GRNC–PVF recommends SUE GOOGE, who returned GRNC’s candidate survey with a score of 81%,
earning three stars (***).

District 5: With a 100% GRNC survey score and 100% pro-gun voting
record earning GRNC’s highest four-star evaluation (****), GRNC–PVF continues to recommend incumbent VIRGINIA FOXX
over Democrat challenger Josh Brannon, who refused to return GRNC’s survey, netting a 0-star evaluation.

District 6: Although the US House has not had any gun votes in
the 114th Congress, on the basis of his 99% survey score and GRNC four-star evaluation (****), GRNC–PVF recommends MARK
WALKER over Democrat challenger Pete Glidewell, who refused to return GRNC’s survey, netting a 0-star evaluation.

District 7: Due to his 100% pro-gun voting record, earning
GRNC’s four-star evaluation (****), GRNC–PVF recommends DAVID ROUZER over Libertarian challenger J. Wesley Casteen
(82% survey, ***).

District 8: Although the US House has not had any gun votes in
the 14th Congress, on the basis of his 100% survey score and GRNC four-star evaluation (****), GRNC–PVF recommends RICHARD
HUDSON over Democrat challenger Thomas Mills, who refused to return GRNC’s survey, netting a 0-star evaluation.

District 9: Due to his 100% pro-gun voting record, earning
GRNC’s four-star (****) evaluation, GRNC–PVF recommends ROBERT PITTENGER over Democrat challenger Christian Cano,
who refused to return GRNC’s survey, netting a 0-star evaluation.

District 10: With a 98% GRNC survey score and 100% pro-gun voting
record earning GRNC’s highest four-star evaluation (****), GRNC–PVF continues to recommend long term gun rights supporter
PATRICK McHENRY over Democrat challenger Andy Millard, who refused to return GRNC’s survey, netting a 0-star evaluation.

District 11:
Although the US House has not had any gun votes in
the 14th Congress, on the basis of his 100% survey score, leadership in
defending gun owners against federal abuses, and GRNC four-star
evaluation
(****), GRNC–PVF recommends MARK MEADOWS over Democrat challenger Rick Bryson, who refused to return GRNC’s
survey, netting a 0-star evaluation.

District 12: Against longtime anti-gun Democrat Alma Adams (11%
voting record, GRNC 0), GRNC–PVF recommends LEON THREATT, who returned GRNC’s candidate survey with a score of
85%, earning three stars (***).

District 13: This district represents a rare opportunity for gun
owners to elect a gun rights supporter who has not only talked the talk, but walked the walk. GRNC-PVF strongly recommends Republican TED
BUDD (survey 100%, GRNC **) over Democrat Bruce Davis
(survey: NR, GRNC 0). Beyond running for Congress, Budd owns a gun shop.
Frankly,
we should have recommended him in the Republican primary election, but
underestimated his ability to beat no fewer than 16 Republican
challengers.

STATEWIDE RACES

North Carolina Governor: In this critical and tightly contested
race, GRNC-PVF recommends PAT McCRORY (GRNC ***)
over longtime anti-gun Democrat Roy Cooper (58% voting record, GRNC 0).
Having, in years past, killed pro-gun legislation as NC Senate Judiciary
Chairman, Cooper will most certainly veto any pro-gun legislation GRNC
could
get passed by the legislature. Although Libertarian Lon Cecil scored 99%
on GRNC’s survey, earning four stars (****), he will draw only a few
percent of the vote, potentially helping Cooper get elected. Cooper must
be kept out of the governor’s mansion at all costs.

North Carolina Lt. Governor: GRNC-PVF recommends
incumbent DAN FOREST, who scored 95% on GRNC’s survey, earning four stars (****). Challenger Leslie Coleman, during her tenure in
the NC Senate, voted with gun owners only 67% of the time, earning a low one-star (*) evaluation.

North Carolina Treasurer: GRNC-PVF recommends DALE
FOLWELL (****) who earned a perfect 100% pro-gun voting record while in the NC House.

North Carolina Attorney General: For the open seat vacated by Roy
Cooper, GRNC – PVF recommends BUCK NEWTON for Attorney General.
In the NC Senate, Newton has been a leader for gun
rights, cementing passage of three omnibus pro-gun bills. With his 100%
survey score and 100% pro-gun voting record, Newton earned GRNC’s
highest (****) four-star evaluation. By contrast, Newton’s opponent,
anti-gun Sen. Josh Stein voted with gun owners only 38% of the time,
netting him a 0-star evaluation.

Judicial races: GRNC-PVF recommends you vote for
all of the following:

BOB EDMUNDS for NC Supreme Court
PHIL BERGER, JR. for Court of Appeals (Stephens seat)
RICHARD DIETZ for Court of Appeals (Dietz seat)
BOB HUNTER for Court of Appeals (Hunter seat)
HUNTER MURPHY Court of Appeals (Geer seat)
VALERIE J. ZACHARY for Court of Appeals (Zachary seat)

NC SENATE

Note: Only contested races are covered.

District 1: GRNC-PVF recommends incumbent BILL
COOK (100% voting record, GRNC ****) over Democrat challenger Brownie Futrell (survey: NR, GRNC 0-star).

District 2: GRNC-PVF recommends incumbent NORMAN
SANDERSON (100% voting record, GRNC ****) over Democrat challenger Dorothea White (survey: 68%, GRNC *).

District 4: GRNC-PVF recommends challenger RICHARD
SCOTT (survey: 95%, GRNC ****) over Democrat incumbent Angela Bryant (voting record: 22%, GRNC 0).

District 11: For this open seat, GRNC-PVF recommends
RICK HORNER (survey: 97%, GRNC ****) over Albert Pacer (survey: NR, GRNC 0).

District 12: GRNC-PVF recommends incumbent RONALD
RABIN (voting record: 100%, GRNC ****) over Democrat challenger Susan Byerly (survey: NR, GRNC 0).

District 15: GRNC-PVF recommends incumbent JOHN
ALEXANDER (voting record: 100%, GRNC ****) over Libertarian Brad Hessel (survey: 94%, GRNC ****) and Democrat Laurel Deegan-Fricke
(survey: NR, GRNC 0).

District 16: GRNC-PVF recommends incumbent ERIC
WEAVER (survey: 100%, GRNC ****) over Democrat Jay Chaudhuri (survey: NR, GRNC 0).

District 17: GRNC-PVF recommends incumbent TAMARA
BARRINGER (voting record: 100%, GRNC ****) over Libertarian Susan Hogarth (survey: NR, GRNC 0) and Democrat Susan Evans (survey: NR, GRNC
0).

District 18: GRNC-PVF recommends incumbent CHAD
BAREFOOT (voting record: 100%, GRNC ****) over Democrat challenger Gil Johnson (survey: NR, GRNC 0).

District 19: GRNC-PVF recommends incumbent WESLEY
MEREDITH (voting record: 100%, GRNC ****) over Democrat challenger Toni Morris (survey: NR, GRNC 0).

District 20: GRNC-PVF recommends challenger BARBARA
HOWE (survey: 99%, GRNC ****) over anti-gun Democrat incumbent Floyd B. McKissick, Jr. (voting record: 50%, GRNC 0).

District 21: GRNC-PVF recommends challenger DAN
TRAVIESO (survey: 99%, GRNC ****) over anti-gun Democrat incumbent Ben Clark (voting record: 25%, GRNC 0).

District 22: GRNC-PVF recommends challenger T. GREG
DOUCETTE (survey: 99%, GRNC ****) over anti-gun Democrat incumbent Mike Woodard (voting record: 0%, GRNC 0).

District 24: GRNC-PVF recommends incumbent RICK
GUNN (voting record: 100%, GRNC ****) over Democrat challenger John Thorpe (survey: NR, GRNC 0).

District 25: GRNC-PVF recommends incumbent TOM
McINNIS (voting record: 100%, GRNC ****) over Democrat challenger Dannie M. Montgomery (survey: NR, GRNC 0).

District 27: GRNC-PVF recommends incumbent TRUDY
WADE (voting record: 100%, GRNC ****) over Democrat challenger Michael Garrett (survey: NR, GRNC 0).

District 28: GRNC-PVF recommends challenger DEVIN R.
KING (survey: 100%, GRNC ****) over anti-gun Democrat incumbent Gladys A. Robinson (voting record: 0%, GRNC 0).

District 30: GRNC-PVF recommends incumbent SHIRLEY
BLACKBURN RANDLEMAN (voting record: 100%, GRNC ****) over Democrat challenger Michael W. Holleman (survey: NR, GRNC 0).

District 33: For this open seat, GRNC-PVF recommends
CATHY DUNN (survey: 100%, GRNC ****) over Jim Beall Graham (survey: NR, GRNC 0).

District 36: For this open seat, GRNC-PVF recommends
PAUL R. NEWTON (survey: 100%, GRNC ****) over Robert Brown (survey: NR, GRNC 0).

District 37: GRNC-PVF recommends challenger BOB
DIAMOND (survey: 96%, GRNC ****) over anti-gun Democrat incumbent Jeff Jackson (voting record: 0%, GRNC 0).

District 38: GRNC-PVF recommends challenger RICHARD
RIVETTE (survey: 99%, GRNC ****) over anti-gun Democrat incumbent Joel Ford (voting record: 25%, GRNC 0).

District 39: For this open seat, GRNC-PVF recommends
DAN BISHOP (NC House voting record: 94%, GRNC ****) over Lloyd Scher (survey: 47%, GRNC 0).

District 41: GRNC-PVF recommends incumbent JEFF
TARTE (voting record: 100%, GRNC ****), who has sponsored pro-gun legislation and been a leader for your rights in the Senate, over
Libertarian Chris Cole (survey: 95%, GRNC ****) and Democrat Jonathan Hudson (survey: NR, GRNC 0).

District 44: GRNC-PVF recommends incumbent DAVID L.
CURTIS (voting record: 100%, GRNC ****) over challenger Nic Haag (survey: 97%, GRNC ****).

District 45: For this open seat, GRNC-PVF recommends
DEANNA BALLARD (survey: 100%, GRNC ****) over Art Sherwood (survey: NR, GRNC 0).

District 46: GRNC-PVF recommends WARREN
DANIEL (voting record: 100%, GRNC ****), who has been a leader for your rights in the Senate, over Anne Fischer (survey: 49%, GRNC 0).

District 47: GRNC-PVF recommends RALPH
HISE (voting record: 100%, GRNC ****) over Mary Jane Boyd (survey: NR, GRNC 0).

District 49: GRNC-PVF recommends challenger WILLIAM
MEREDITH (survey: 100%, GRNC ****) over anti-gun Democrat incumbent Terry Van Duyn (voting record: 0%, GRNC 0).

District 50: GRNC-PVF recommends JIM
DAVIS (voting record: 100%, GRNC ****) over Jane Hipps (survey: NR, GRNC 0).

NC HOUSE

As above, only contested races are covered.

A
large number of open seats plus a number of RINOs who voted against gun
owners
on omnibus pro-gun bill HB 562 make NC House race is critical in 2016.

Please note that GRNC-PVF is withholding recommendations for any
incumbent who voted against gun owners more than twice in the 18 floor votes for omnibus pro-gun House Bill 562 in the last session.

District 3: GRNC-PVF recommends incumbent MICHAEL
SPECIALE (recent voting record: 94%, GRNC ***) over Marva Fisher Baldwin (survey: NR, GRNC 0).

District 6: For this open seat, GRNC-PVF recommends
BEVERLY BOSWELL (survey: 88%, GRNC ***) over Warren Judge (survey: NR, GRNC 0).

District 7: GRNC-PVF recommends challenger WILLIAM
DUKE HANCOCK II (survey: 81%, GRNC ***) over anti-gun Democrat incumbent Bobbie J. Richardson (voting record: 9%, GRNC 0).

District 9: For this open seat, GRNC-PVF recommends
GREG MURPHY (survey: 94%, GRNC ****) over Brian Farcas (survey: NR, GRNC 0).

District 10: GRNC-PVF recommends incumbent JOHN R.
BELL (recent voting record: 100%, GRNC ****) over Evelyn Paul (survey: NR, GRNC 0).

District 11: GRNC-PVF recommends Republican challenger
RAY MARTIN (survey: 85%, GRNC ***) over Libertarian Brian Lewis (survey: 90%, GRNC ****) and anti-gun incumbent Democrat Duane Hall
(voting record: 9%, GRNC 0). (Yes, Lewis had a better survey score by 5%, but is unlikely to have the resources to win.)

District 15: GRNC-PVF recommends incumbent PHILLIP
SHEPARD (voting record: 93%, GRNC ****) over Dan Whitten (survey: NR, GRNC 0).

District 16: GRNC-PVF recommends incumbent CHRIS W.
MILLIS (voting record: 100%, GRNC ****) over Steve Unger (survey: NR, GRNC 0).

District 18: GRNC-PVF recommends challenger GERALD
(JERRY) BENTON (survey: 96%, GRNC ****) over anti-gun Democrat incumbent Susi Hamilton (voting record: 5%, GRNC 0).

District 25: GRNC-PVF recommends incumbent JEFF
COLLINS (voting record: 100%, GRNC ****) over James D. Gailliard (survey: NR, GRNC 0).

District 34: GRNC-PVF recommends challenger BILL
MORRIS (survey: 95%, GRNC ****) over anti-gun Democrat incumbent Grier Martin (voting record: 24%, GRNC 0).

District 37: For this open seat, GRNC-PVF recommends
Republican LINDA HUNT-WILLIAMS (survey: 92%, GRNC ****) over Libertarian Robert Rose (survey: 95%, GRNC ****) and Democrat Randy Barrow
(survey: NR, GRNC 0).

District 38: GRNC-PVF recommends Libertarian
challenger OLEN WATSON III (survey: 96%, GRNC ****) over anti-gun Democrat incumbent Yvonne Lewis Holley (voting record: 9%, GRNC 0).

District 46: For this open seat, GRNC-PVF recommends
Republican BRENDEN JONES (survey: 92%, GRNC ****) over Libertarian Thomas (Tom) Howell, Jr. (survey: 98%, GRNC ****) and Democrat Tim
Benton (survey: NR, GRNC 0). (Yes, Howell had a better survey score by 6%, but is unlikely to have the resources to win.)

District 50: GRNC-PVF recommends challenger ROD
CHANEY (survey: 100%, GRNC ****) over anti-gun Democrat incumbent Graig R. Meyer (voting record: 17%, GRNC 0).

District 51: GRNC-PVF recommends Libertarian
challenger JOHN SAULS (previous NC House voting record: 83%, GRNC ***) over anti-gun Democrat incumbent Brad Salmon (voting record: 44%,
GRNC 0).

District 55: GRNC-PVF recommends incumbent MARK
BRODY (voting record: 97%, GRNC ****) over Kim Hargett (survey: 54%, GRNC 0).

District 59: GRNC-PVF recommends incumbent JON
HARDISTER (voting record: 97%, GRNC ****) over Scott A. Jones (survey: NR, GRNC 0).

District 67: GRNC-PVF recommends incumbent JUSTIN P.
BURR (voting record: 96%, GRNC ****) over Carson Roger Snyder (survey: NR, GRNC 0).

District 69: GRNC-PVF recommends incumbent DEAN
ARP (voting record: 94%, GRNC ****) over Gordon B. Daniels (survey: NR, GRNC 0).

District 74: GRNC-PVF recommends incumbent DEBRA
CONRAD (voting record: 97%, GRNC ****) over Marilynn Baker (survey: NR, GRNC 0).

District 82: GRNC-PVF strongly recommends incumbent
LARRY G. PITTMAN (voting record: 97%, GRNC ****), who frequently sponsors pro-gun legislation and is a leader for your rights, over Earle
Schecter (survey: 63%, GRNC *).

District 92: For this open seat, GRNC-PVF recommends
Republican BETH DANAE CAULFIELD (survey: 98%, GRNC ****) over Democrat Chaz Beasley (survey: NR, GRNC 0).

District 93: GRNC-PVF recommends incumbent JONATHAN C.
JORDAN (voting record: 98%, GRNC ****) over Sue Counts (survey: NR, GRNC 0).

District 94: GRNC-PVF recommends incumbent JEFFREY
ELMORE (voting record: 100%, GRNC ****) over Michael T. Lentz (survey: NR, GRNC 0).

District 98: GRNC-PVF recommends incumbent JOHN R.
BRADFORD III (voting record: 94%, GRNC ****) over Jane Campbell (survey: NR, GRNC 0).

District 104: For this open seat, GRNC-PVF recommends
Republican ANDY DULIN (survey: 100%, GRNC ****) over
Democrat Peter Noris (survey: NR, GRNC 0).

District 105: For this open seat, GRNC-PVF recommends
Republican SCOTT STONE (survey: 90%, GRNC ****) over Democrat Connie Green-Johnson (survey: NR, GRNC 0).

District 109: GRNC-PVF recommends incumbent DANA
BUMGARDNER (voting record: 97%, GRNC ****) over Susan Maxon (survey: NR, GRNC 0).

District 113: For this open seat, GRNC-PVF recommends
Republican CODY HENSON (survey: 92%, GRNC ****) over Democrat Maureen Mahan Copelof (survey: NR, GRNC 0).

District 118: GRNC-PVF recommends incumbent MICHELE D.
PRESNELL (voting record: 97%, GRNC ****) over Rhonda Cole Schandevel (survey: NR, GRNC 0).

District 119: GRNC-PVF recommends challenger MIKE
CLAMPITT (survey: 100%, GRNC ****) over anti-gun incumbent Joe Sam Queen (voting record: 25%, GRNC 0).

District 120: For this open seat, GRNC-PVF recommends
KEVIN CORBIN (survey: 95%, GRNC ****) over Randy Hogsed (survey: 70%, GRNC **).

This
message, supporting the candidates listed above, is authorized and paid
for
solely by the Grass Roots North Carolina Political Victory Fund. Not
authorized by any candidate or candidate committee.
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Lawsuit In Connecticut Against Remington Et Al Dismissed

October 17, 2016 by 4 Comments



A lawsuit brought by some of the families of children killed in Newtown, CT has been dismissed. The lawsuit sought to find Remington, their distributor Camfour, and the dealer Riverview as having been guilty of “negligent entrustment” for selling the Bushmaster AR-15 used by the killer. Superior Court Judge Barbara Bellis found that the claims put forth by the plaintiffs did not meet one of the six exceptions found in the Protection of Lawful Commerce in Arms Act. She issued her ruling on this past Friday afternoon.

The basis of the lawsuit was on the legal theory of negligent entrustment. That is, did the defendants give, sell, or “entrust” their product knowing full well that it would be misused or had the high potential to be misused. An example of negligent entrustment would be loaning your car to a friend to pick up some more beer when you knew he had been drinking. In this case the plaintiffs argued that an AR-15 was so dangerous and so “assaultive” that it should never have been sold to “civilians”.

In determining her decision, Judge Bellis examined whether the actions of the defendants constituted negligent entrustment under Connecticut state law and then pursuant to the PLCAA. After first examining the history of negligent entrustment and relevant court cases both in Connecticut and outside of it, she first concluded that the actions of Remington and their fellow defendants did not give rise to negligent entrustment.

In the present case, the plaintiffs allege that the defendants’ entrustment of the firearm to the respective entrustees was negligent because the defendants could each foresee the firearm ending up in the hands of members of the an incompetent class in a dangerous environment. The validity of the argument rests on labeling as a misuse the sale of a legal product to a population that is lawfully entitled to purchase such a product. Based on the reasoning from McCarthy, and the fact that Congress has deemed the civilian population competent to possess the product that is at issue in this case, this argument is unavailing. To extend the theory of negligent entrustment to the class of nonmilitary, nonpolice civilians – the general public – would imply that the general public lacks the ordinary prudence necessary to handle an object that Congress regards as appropriate for sale to the general public. This the court is unwilling to do.

 Accordingly, because they do no constitute legally sufficient negligent entrustment claims pursuant to state law, the plaintiffs’ negligent entrustment allegations do not satisfy the negligent entrustment exception to PLCAA. Therefore, unless another PLCAA exception applies, the court must grant the defendants’ motion to strike.

McCarthy, which Judge Bellis references, was a case brought by Carolyn McCarthy against Olin for selling Black Talon cartridges. Her husband’s murderer had used these Winchester cartridges in his killing spree on the Long Island Railroad. The McCarthy case was dismissed under the PLCAA.

Though Judge Bellis did not need to consider whether the defendants’ actions constituted negligent entrustment under the narrower definitions set forth by the PLCAA given they failed to meet the broader standard set under Connecticut state law, she did so in the “interest of thoroughness” and to provide further support for her decision.

After examining the plaintiffs’ case in the light of the more limited definition of negligent entrustment, Judge Bellis concluded that the immunity provided by the PLCAA prevailed. She also examined the plaintiffs’ argument that the Connecticut Unfair Trade Practices Act allowed them to bring this action as an exception to PLCAA due to a violation of a state statute. This, too, was dismissed.

Although PLCAA provides a narrow exception under which plaintiffs may maintain an action for negligent entrustment of a firearm, the allegations in the present case do not fit within the common-law tort of negligent entrustment under well-established Connecticut law, nor do they come within PLCAA’s definition of negligent entrustment. Furthermore, the plaintiffs cannot avail themselves of the Connecticut Unfair Trade Practices Act (CUPTA) to bring this action within PLCAA’s exception allowing lawsuits for a violation of a state statute applicable to the sale or marketing of firearms. A plaintiff under CUPTA must allege some kind of consumer, competitor, or other commercial relationship with a defendant, and the plaintiffs here have alleged no such relationship.

For all of the foregoing reasons, the court grants in their entirety the defendants’ motions to strike the amended complaint. 

Judge Bellis’ opinion ran to 54 pages. I surmise that one of the reasons she took so much time to lay out her arguments for approving the motion to strike is so that it will withstand scrutiny by an appeals court. The plaintiffs’ have vowed to appeal this ruling.

As might be expected, this ruling was attacked by both Hillary Clinton and the gun prohibitionist lobby. Clinton quickly released a tweet saying it was “incomprehensible that our laws could protect gun makers over the Sandy Hook families. We need to fix this.” Robyn Thomas of the Law Center to Prevent Gun Violence (sic) attributed the decision to “the gun lobby’s destructive grip on Washington.” Lest anyone forget, the Protection of Lawful Commerce in Arms Act was enacted in 1995 as a response to multiple municipal lawsuits seeking to destroy the firearms industry through litigation. It also provides only limited immunity and not a blanket immunity against negligence.

Uncategorized

Why Are These Official Hotels For The SHOT Show?

October 16, 2016 by 7 Comments

The SHOT Show always has a number of “official” hotels where their travel company has negotiated special rates for attendees and exhibitors. One of the pluses of staying at one of these on-the-Strip hotels is that there is shuttle bus service to the Sands Expo Center.

For those that are not aware of it, Question 1 on the ballot in Nevada is on universal background checks. It would criminalize the sale or transfer of a firearm between private individuals unless a background check was performed by a FFL. While there are limited exceptions to this, the first offense is a gross misdemeanor and the second offense is a Class C felony.

This initiative was proposed by Nevadans for Background Checks which is a front group for Michael Bloomberg and his Everytown Moms for Illegal Mayors. Tara Paone is a listed as a director of this group. As Jeff Knox notes, she is also the Treasurer for Everytown and was listed as a director in Washington State’s I-594 universal background check initiative.

I am firmly of the belief that if this initiative passes that the SHOT Show, Safari Club International, and other firearms related organizations should forever move their trade shows and conventions out of that state. You don’t reward states that don’t respect your civil rights. The LGBTQ community is very good at this.

That got me to questioning who was financially supporting the initiative and who was funding the opposition. Here is where it gets interesting. There was the big money (over $100,000) donations from Everytown and from Seattle billionaire Nick Hanauer. Hanauer spent over $1 million in a successful effort to pass Washington’s I-594 initiative. These type of donations were expected. What I would not have expected were substantial donations from a number of the casino and hotel companies.

  • MGM Resorts International – $25,000 – 1/22/2016
  • Caesar’s Enterprise Services LLC – $25,000 – 12/29/2015
  • Wynn Resorts Ltd. – $50,000 – 9/29/2015

There is nothing like biting the hand that feeds you. Just so you are aware, let’s see what hotels and casinos belong to each of these groups. I’ve noted whether it was an official hotel or not as well.

MGM Resorts International 

  • ARIA
  • Bellagio – Yes
  • Vdara
  • MGM Grand – Yes
  • Skylofts at MGM Grand
  • The Signature at MGM Grand
  • Mandalay Bay
  • Delano Las Vegas
  • The Mirage – Yes
  • Monte Carlo – Yes
  • New York – New York – Yes
  • Luxor – Yes
  • Excalibur -Yes
  • Circus Circus – Yes
  • Anthology Suites & Villas
  • Bally’s – Yes
  • Caesars Palace – Yes
  • The Cromwell
  • Flamingo – Yes
  • Harrah’s – Yes
  • The LINQ – Yes
  • Paris – Yes
  • Planet Hollywood – Yes
  • Rio
*Caesar’s Enterprise Services LLC is a spin-off from Caesars Entertainment. It was set up in 2014 to protect the company in case they had to declare bankruptcy.
  • Wynn Las Vegas
  • Encore
So what does this leave in the way of official hotels whose owners have not donated to Bloomberg’s universal background check initiative?
  • The Ventian – owned by Sheldon Adelson’s Las Vegas Sands
  • The Palazzo – owned by Sheldon Adelson’s Las Vegas Sands
  • Elara – owned by Hilton
  • Hilton Grand Vacations – owned by Hilton
  • SLS Las Vegas – owned by Sam Nazarian’s SBE Corp.
  • Stratosphere – owned by American Casino & Entertainment Properties LLC
  • The Cosmopolitan – owned by Blackstone Group (investment bankers)
  • Treasure Island – privately owned by Phil Ruffin
  • Tropicana – owned by Hilton
  • Trump Las Vegas – owned by you know who
  • Westin – owned by Marriott International
If you are staying in one of these hotels, you have a decent assumption that you are not subsidizing the anti-gun forces. It makes me glad we finally settled on the Westin instead of Bally’s.
There are plenty of other hotels, motels, and casino properties where you can stay in Las Vegas that are not part of the cabal trying to steal your rights. You might want to go here to check on alternatives.
This leaves the opposition to the initiative. The NRA-ILA has been very active from what I have read but Bloomberg has bought most of the air time. According to the Las Vegas Review-Journal, the NRA Nevadans for Freedom has spent about $140,000 on ads. This contrasts with the $800,000 spent by the Bloomberg group. I have read that the NSSF’s #GunVote is doing some work against the initiative but I’m not sure what. I do have a question on various Nevada shooting forums asking about it.
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Great Use Of Technology To Advance Gun Rights

October 12, 2016 by 4 Comments

I just saw something that I wish every state’s gun rights organization would adopt. It is a voter app customized to where the voter lives and has the ratings of the candidates on gun rights and Second Amendment issues.

The Buckeye Firearms Association is on the cutting edge of the fight for our rights. This app is only part of it. The other is their F.A.S.T.E.R. program which teaches armed defense to school personnel in those districts that will allow it. My colleague Rob Morse went through the F.A.S.T.E.R. program so he could observe what they do. Here is his report on it. In addition, BFA has provided trauma kits to schools around the state of Ohio.

More info on their app:

Now Ohio voters can create a voter guide customized for the ballot in their district with the new mobile app atOhioGunVote.com.

OhioGunVote.com will allow Ohio’s gun owners to quickly see which candidates support Second Amendment rights.

The app reveals grades and endorsements from both Buckeye Firearms Association PAC and the NRA Political Victory Fund on a smartphone, tablet or desktop computer.

This easy-to-use application eliminates the need for voters to know their exact voting district or be forced to choose the correct district from a list of several hundred races which are on the ballot across Ohio.

“Our organization represents the interests of more than 4 million gun owners in Ohio,” said Dean Rieck, Executive Director of Buckeye Firearms Association. “And these gun owners are highly protective of their Second Amendment rights.

“So we created this app to give them the power to see exactly which candidates in their voting district best understand their concerns and have demonstrated support for gun ownership, hunting, sport shooting, and related activities.”

In addition to showing statewide candidates and candidates running for the Ohio House and Senate, the app also shows select local candidates who may be running for Judge, Sheriff, Commissioner, and other positions. Note: not ALL candidate have been graded, only those in key or contested races.

The application is simple to use:

•Visit www.OhioGunVote.com on your phone, tablet, or desktop.
•Enter your LAST NAME, STREET NAME, and ZIP CODE. (If you live at 123 Main St., enter just MAIN. If you live at 2500 N. St Rt. 741, enter just 741.)
•Select your COUNTY from the list of Ohio counties.
•Press “Lookup Voter Record” and select your name to see the candidates on your ballot.

The app uses the Ohio Secretary of State voter records to find the exact voting district for you. So the results you see are just the candidates who will appear on your ballot for this election.

“It’s no secret that gun owners are a serious voting block,” said Rieck. “They are politically active and have high expectations of their elected officials. They do their research and they vote. Gun owners can easily turn an election when they feel their rights are at stake.”

Interested voters can also download a printable Voter Guide listing all the grades and endorsements of Buckeye Firearms Association PAC in the BFA Election Center.

Buckeye Firearms Association is a grassroots organization dedicated to defending and advancing the right of citizens to own and use firearms for all legal activities, including self-defense, hunting, competition, and recreation.

H/T Outdoor Wire

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Tweet Of The Day

October 11, 2016 by 1 Comment

The tweet of the day comes from BearingArms.com editor Bob Owens. This was in response to a tweet by former Attorney General Eric Holder.

You can see Holder’s full tweet below:

Lest we forget, Holder was found in Contempt of Congress for withholding documents (among other things) during the hearings into Operation Fast and Furious.

As to “acting on command”, one must wonder what current Attorney General Loretta Lynch’s marching orders were from President Obama that she passed on to FBI Director James Comey. Hmm?

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“Donald Trump Is An Asshole”

October 10, 2016 by 9 Comments

Evan Kostreva of On Point Firearms puts out an occasional newsletter. He sent out one on Saturday afternoon. His thoughts captured what a lot of us are feeling especially after a week in which all we heard in the media was that Donald Trump is a sexist boor.

Evan graciously gave me permission to reprint his comments. It is a bit of a rant but it is on target.

Donald Trump is an Asshole

Donald Trump is an asshole. Thankfully, that doesn’t matter in a president. We’ve all had bosses or friends or family members that are assholes. And guess what, they all managed to do whatever job they’re doing. It’s of no consequence. There are plenty of assholes in the world. I’m one of them, I should know. You might be one also. I’m not going to have a beer with Trump. He’s not coming over for Thanksgiving dinner. I don’t care. People have written literally dozens of books on the Clintons. Guess what? They’re assholes too.

Donald Trump is an asshole. He has hurt some people’s feelings. In contrast, the Clintons have blood on their hands and have left a trail of dead bodies in their wake a mile long. And look what happens when you choose a president that is hip and cool. You get 8 years of Barack Obama hanging out with Jay-Z and Beyonce.

Donald Trump didn’t pay taxes. So what. Apple doesn’t pay taxes and you keep buying their shit. Lots of rich people don’t pay taxes. There’s a whole cottage industry called “wealth management” that finds creative ways to hedge the rich from taxes. I file deductions every year– as many as my poor ass can manage. I hope you do the same. Is it fair? Probably not. But you know why those loopholes are in place? Because of career politicians like Hillary Clinton. She’s been at this game for decades. What good has she done for this country? Our tax code is a joke and it’s because of crooked politicians like the Clintons. The Clinton Foundation doesn’t pay taxes. It’s nothing more than a giant money laundering scheme for their cronies.

Barack Obama has weaponized the IRS and other areas of the government to attack our Constitutional rights. Operation Chokepoint targeted firearms-related businesses. That’s why my bank of 15 years just dropped me as a client two weeks ago. Imagine the outrage if banks discriminated against the LGBT community, blacks, or Muslims. You wouldn’t hear the end of it. But because liberals hate the 2nd Amendment, it’s okay. No media coverage. No outrage. This policy literally threatens my way of life– and my ability to provide for my family.

Are you better off after 8 years of Obama? Do you want 8 more years of this bullshit under Hillary Clinton? It is impossible for Donald Trump to do a worse job than Obama or Hillary. Impossible. Our country cannot take much more. Obama preaches about low unemployment and the recovery of the economy. That’s laughable. Most of my customers cannot afford to buy a $200 knife from me– let alone a $2000 rifle. It was different a few years ago. Things are worse now. Your dollar doesn’t buy much. The entire financial system is on the brink of collapse. There is much uncertainty in the market. The failed policies of this administration have cost many folks their livelihoods– their homes and cars, their marriages. Can you afford 8 more years of this? I cannot.

My son is going to grow up in an America that is unrecognizable. The good old days are long gone. “Hope and Change” failed miserably. We need a major course correction and Trump is the asshole to do it. That’s my rant for today. I’m going to mow my yard and kick something in anger. Have a good weekend and God bless you and yours. God bless America. We need it.

— Evan

Evan runs a firearms and accessories business down in St. Pete, Florida. His website is here.

As to Trump’s comments to Billy Bush (nephew of George H. W. Bush and 1st cousin of W), they were rude, crude, and unattractive. Very few men unless they are up for sainthood have not said or thought something similar, if maybe less crudely, to other guys. I’d wager many women have said or thought the female equivalent about some guy’s buns or his “package”. The only difference is that we weren’t being recorded and it wasn’t “discovered” 11 years later in some video vault as we were running for President.

The Republican politicians who are stampeding to disavow Trump are what Trump said he’d grab. Their moral righteousness and prudishness is disgusting. Their weak spines are why our national debt is out of control and why even with majorities in both houses of Congress we still don’t have national reciprocity. The only reason to vote for some Republicans is because it would be even worse for gun rights if Democrats controlled things.

I don’t like Donald Trump any more than I like Hillary Clinton. However, while the former is a boor the latter is the avowed enemy of my civil rights. As I said three months ago, #NeverTrump means #NeverGuns. I will vote for Donald Trump whether I like it or not. Pragmatism and my gun rights must rule the day.

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Bloomberg Buying Another Attorney General For Pennsylvania?

October 5, 2016 by 1 Comment

Michael Bloomberg’s first attempt at buying an Attorney General for Pennsylvania didn’t end too well. As most know, his investment in former AG Kathleen Kane was for naught as she had to resign her office in disgrace.

However, like any good investor Bloomberg is resilient. He knows that if one investment doesn’t pay off you cut your losses and look for a better one. His new investment is named Josh Shapiro. Mr. Shapiro is a former Pennsylvania State Representative and is the current chairman of the Montgomery County (PA) Board of Commissioners. Shapiro is the Democratic nominee for Attorney General of Pennsylvania.

“Gun violence” (sic) is one of the items on Mr. Shapiro’s agenda.

“The horrific violence perpetrated against victims in every corner of our Commonwealth makes clear that we must do more to combat gun violence. Gun trafficking, straw purchases, and gray market gun sales threaten us all by putting weapons in the hands of dangerous people. As Attorney General, I will aggressively pursue the sources of these illegal guns and work with police and prosecutors across Pennsylvania to reduce gun violence.” – Josh Shapiro

  • Beef up and expand the Gun Violence Task Force beyond Philadelphia’s borders.
  • Establish and implement model gun show procedures.
  • Prosecute prohibited purchasers who fail background checks.
  • Review concealed carry permit reciprocity agreements.
  • Increase awareness of laws against straw purchasing and simplify purchase forms.
  • Expand background checks to cover private sales of long guns.
  • Advocate for a statewide lost or stolen gun reporting requirement.

 You may wonder why in a state with over 1 million hunters that a candidate for attorney general would think gun control is a winning platform. Perhaps it is because he has 250,000 reasons to be for gun control.

From the Pittsburgh Post-Gazette:

Democratic Attorney General candidate Josh Shapiro may favor a number of gun-control initiatives, but he doesn’t lack for political ammunition. According to campaign-finance reports released last week, he received an eye-popping $250,000 donation from former New York City Mayor Michael Bloomberg, a leading proponent of more expansive gun-control measures nationwide.


That Aug. 1 contribution accounted for more than 9 cents of every dollar raised by Mr. Shapiro and his rival, state Sen. John Rafferty, R-Montgomery, this summer.

 The NRA-PVF has rated Sen. Rafferty as an A- and given him their endorsement. Meanwhile, Shapiro was lucky to get a D instead of a F.

While anti-gun attorneys general do not make the law, how they carry it out sets policy. You can see that in the past month with the way Massachusetts AG Maura Healy has redefined what qualifies as an “assault weapon” in that state making thousands of gun owners potential felons. Moreover, carry reciprocity agreements have been negated by both former Pennsylvania AG Kane and by current Virginia AG Mark Herring. While Herring’s attempt was overthrown by legislation, I don’t recall that Kane’s move has been.

I have seen reader polls putting Rafferty ahead of Shapiro in this race but I don’t put much faith in them. With Hillary leading Trump in the state and Pat Toomey (RINO-PA) dead even with Katie McGinty (D-PA), down ticket races like this will be impacted. I hope for my friends in Pennsylvania that Rafferty can pull this one out.

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Another Record Month For NICS Checks

October 5, 2016 by 3 Comments

The National Shooting Sports Foundation released their adjusted-NICS checks report this week. It marks the 17th straight month with year over year increases compared to the same month in the prior year.

From NSSF:

The September 2016 NSSF-adjusted National Instant Criminal Background Check System (NICS) figure of 1,156,961 is an increase of 7.9 percent compared to the September 2015 NSSF-adjusted NICS figure of 1,071,945. For comparison, the unadjusted September 2016 FBI NICS figure of 1,983,596 reflects an 11.0 percent increase from the unadjusted FBI NICS figure of 1,786,743 in September 2015.

You can see it graphically in the chart below:

 September 2016 also marks the highest September in the past 17 years.

The adjusted NICS checks subtract out the NICS checks that are used by many states for carry permit checks and rechecks. States such as Connecticut and Illinois use the NICS database for their checks.

It should also be noted that in many states such as North Carolina and Texas a carry permit substitutes for a NICS check. While the retail purchaser must file out a BATFE Form 4473, a NICS check is not run.

Depending upon how close the election is in October and the likelihood of Hillary Clinton winning, I would not be surprised to see another record month for October. If Clinton wins, God forbid, then Katie bar the door.

This post was co-written by John Richardson and Barb Richardson

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Official Release On Bass Pro Shops’s Buy-Out Of Cabela’s

October 4, 2016 by 2 Comments

Below is the official press release taken from the Cabelas’ investor relations page. I only wish I had bought Cabelas’ stock back in February of this year when it had dipped down to about $39 per share. The all-cash purchase price is $65 per share!

Though the two stores are very similar I end to prefer Cabela’s over Bass Pro Shops.

Legendary Outdoor Brands Bass Pro Shops and Cabela’s to Combine


Merger Will Enhance Ability to Serve Outdoor Enthusiasts with Complementary Product Offerings and Geographic Footprints


Cabela’s Shareholders Will Receive $65.50 Per Share in Cash


Bass Pro Shops Entering into Multi-Year Credit Card Partnership with Capital One


Bass Pro Shops and Cabela’s Club Customer Loyalty Programs Remain Unchanged


SPRINGFIELD, Mo. & SIDNEY, Neb.–(BUSINESS WIRE)–Oct. 3, 2016– Bass Pro Shops and Cabela’s Incorporated (NYSE:CAB), two iconic American outdoor companies with similar humble origins, and with a shared goal to better serve those who love the outdoors, today announced that they have entered into a definitive agreement under which Bass Pro Shops will acquire Cabela’s for $65.50 per share in cash, representing an aggregate transaction value of approximately $5.5 billion.


In addition, upon closing Bass Pro Shops will commence a multi-year partnership agreement with Capital One, National Association, a wholly-owned national banking subsidiary of Capital One Financial Corporation (NYSE: COF), under which Capital One will originate and service the Cabela’s CLUB, Cabela’s co-branded credit card, and Bass Pro Shops will maintain a seamless integration between the credit card program and the combined companies’ retail operations and deep customer relationships. All Cabela’s CLUB points and Bass Pro Shops Outdoor Rewards points will be unaffected by the transactions and customers can continue to use their credit cards as they were prior to the transaction. Capital One intends to continue to operate the Cabela’s CLUB servicing center in Lincoln, Nebraska.


A driving force behind this agreement is the highly complementary business philosophies, product offerings, expertise and geographic footprints of the two businesses. The essence of both Bass Pro Shops and Cabela’s is a deep passion to serve outdoor enthusiasts and support conservation. The combination brings together three of the nation’s premier sporting brands: Cabela’s, a leader in hunting; Bass Pro Shops, a leader in fishing; and White River Marine Group, a worldwide leader in boating, which is part of Bass Pro Shops.


Bass Pro Shops, Cabela’s and White River Marine Group represent the best of American entrepreneurship, innovation and devotion to customers. The combined companies will strive to provide a remarkably enhanced experience for customers, increased opportunities for team members and greater support for conservation activities.


CABELA’S


Founded in 1961 by Dick, Mary and Jim Cabela, Cabela’s is a highly respected marketer of hunting, fishing, camping, shooting sports and related outdoor merchandise. Today, Cabela’s has over 19,000 “outfitters” operating 85 specialty retail stores, primarily in the western U.S. and Canada. Cabela’s stores, catalog business and e-commerce operations will blend seamlessly with Bass Pro Shops and White River Marine Group. Over the past 55 years Cabela’s has built a passionate and loyal base of millions of enthusiasts who shop both at its retail stores and online.


BASS PRO SHOPS


Bass Pro Shops, founded in 1972 by avid young angler Johnny Morris, is a leading national retailer of outdoor gear and apparel, with 99 stores and Tracker Marine Centers located primarily in the eastern part of the U.S. and Canada. Morris started the business with eight square feet of space in the back of his father’s liquor store in Springfield, Mo., the company’s sole location for the first 13 years of business. Johnny’s passion for the outdoors and his feel for the products and shopping experiences desired by outdoor enthusiasts helped transform the industry. Bass Pro Shops, which employs approximately 20,000 team members, has been named by Forbes as one of “America’s Best Employers.” The company also operates Big Cedar Lodge, America’s Premier Wilderness Resort, welcoming more than one million guests annually to Missouri’s Ozark Mountains.


WHITE RIVER MARINE GROUP


In 1978, Morris revolutionized the marine industry when he introduced the world’s first professionally rigged and nationally marketed boat, motor and trailer packages. Tracker quickly became and has remained the number one selling fishing boat brand in America for the last 37 years running. White River Marine Group offers an unsurpassed collection of industry-leading brands including Tracker Boats, Sun Tracker, Nitro, Tahoe, Regency, Mako, Ranger, Triton and Stratos.


MANAGEMENT COMMENTARY


“Today’s announcement marks an exceptional opportunity to bring together three special companies with an abiding love for the outdoors and a passion for serving sportsmen and sportswomen,” said Johnny Morris, founder and CEO of Bass Pro Shops. “The story of each of these companies could only have happened in America, made possible by our uniquely American free enterprise system. We have enormous admiration for Cabela’s, its founders and outfitters, and its loyal base of customers. We look forward to continuing to celebrate and grow the Cabela’s brand alongside Bass Pro Shops and White River as one unified outdoor family.”


“Cabela’s is pleased to have found the ideal partner in Bass Pro Shops,” said Tommy Millner, Cabela’s Chief Executive Officer. “Having undertaken a thorough strategic review, during which we assessed a wide variety of options to maximize value, the Board unanimously concluded that this combination with Bass Pro Shops is the best path forward for Cabela’s, its shareholders, outfitters and customers. In addition to providing significant immediate value to our shareholders, this partnership provides a unique platform from which our brand will be extremely well positioned to continue to serve outdoor enthusiasts worldwide for generations to come.”


“This opportunity would not be possible without the contributions of the many wonderful Cabela’s, Bass Pro Shops and White River team members,” Morris said. “All three companies are blessed to have been built by the extraordinary efforts of many tremendously talented, dedicated people throughout our respective histories, and we’re thrilled to consider what the combined team can achieve going forward.”


Following the closing of the transaction, Bass Pro Shops intends to celebrate and grow the Cabela’s brand and will build on qualities that respective customers love most about Cabela’s and Bass Pro Shops. In addition, Bass Pro Shops recognizes the strength of Cabela’s CLUB Loyalty program and intends to honor Cabela’s customer rewards and sees potential over time to expand the program in the combined company.


Bass Pro Shops appreciates and understands the deep ties between Cabela’s and the community of Sidney, Nebraska. Dick, Mary and Jim Cabela founded their company in Sidney in 1961, and the company has flourished with its base of operations there ever since. Bass Pro Shops intends to continue to maintain important bases of operations in Sidney and Lincoln and hopes to continue the very favorable connections to those communities and the Cabela’s team members residing there.


Bass Pro Shops Founder and CEO Johnny Morris will continue as CEO and majority shareholder of the new entity, which will remain a private company with a continuing long-term view of supporting the industry and conservation. Morris earned a reputation as a leading retailer and conservationist. In 2008, the National Retail Federation named him as Retail Innovator of the Year. In 2015, the same organization named him as one of 25 People Shaping the Future of Retail in America. In 2012, The Association of Fish and Wildlife Agencies named Morris Citizen Conservationist of the Year.


“Conservation is at the heart and soul of Bass Pro Shops. Bass Pro Shops and Cabela’s share a steadfast belief that the future of our industry, and the outdoor sports we all love, depends – more than anything else – on how we manage our natural resources,” said Morris. “By combining our efforts, we can have a profound positive impact on the conservation challenges of our day and help foster the next generation of outdoor enthusiasts.”


PREFERRED FINANCING


Bass Pro Shops is proud to have secured preferred equity financing from the Merchant Banking Division of Goldman Sachs and Pamplona to facilitate the transaction. Goldman Sachs has committed $1.8 billion and Pamplona has committed $600 million for a total preferred financing commitment of $2.4 billion.


The Merchant Banking Division of Goldman Sachs is one of the leading private equity investors in the world, focusing on assisting large, high-quality companies with best-in-class management teams to achieve their growth objectives. The division brings significant experience and a strong track record of success in supporting industry-leading founder-led businesses. Pamplona Capital Management is a New York and London based specialist investment manager established in 2005. Pamplona is currently managing its fourth private equity fund, Pamplona Capital Partners IV, LP, which was raised in 2014. Pamplona invests long-term capital across the capital structure of its portfolio companies in both public and private market situations.


TRANSACTION DETAILS


The transaction provides Cabela’s shareholders with a premium of 19.2% to Cabela’s closing share price on Sep. 30, 2016, the day prior to announcement of the transaction, 39.7% to the closing share price on Dec. 1, 2015, the day before Cabela’s announced its exploration of strategic alternatives and 57.1% to the 90-day volume weighted trading average prior to Dec. 1, 2015. Immediately prior to closing, Capital One will acquire certain assets and assume certain liabilities of Cabela’s World’s Foremost Bank. The cash proceeds from this transaction will remain with Cabela’s until it is acquired by Bass Pro Shops.


The transaction agreements were unanimously approved by Cabela’s Board of Directors following a comprehensive review of strategic and financial alternatives.


The transaction, which is expected to close in the first half of 2017, will be completed through a cash merger and is subject to approval by Cabela’s shareholders, as well as regulatory approvals and other customary closing conditions.


J.P. Morgan served as exclusive financial advisor to Bass Pro Shops and Latham & Watkins served as Bass Pro Shops’ legal counsel, with expert assistance from O’Melveny & Myers. Goldman, Sachs & Co. served as financial advisor to The Merchant Banking Division of Goldman Sachs and Davis Polk & Wardwell LLP served as legal advisor. Goldman, Sachs & Co. also served as advisor to Bass Pro Shops on the bank transaction, and Morrison & Foerster served as legal counsel. BofA Merrill Lynch, Wells Fargo Securities LLC, Citigroup Global Markets Inc., RBC Capital Markets, UBS Securities LLC, and Goldman Sachs are providing debt financing to support the transaction.


Guggenheim Securities served as exclusive financial advisor to Cabela’s and Sidley Austin LLP and Koley Jessen P.C., L.L.O. served as Cabela’s legal counsel.


The Kessler Group and Credit Suisse acted as financial advisers to Capital One and Wachtell, Lipton, Rosen & Katz and Chapman and Cutler acted as legal advisers.


ADDITIONAL INFORMATION REGARDING THE TRANSACTION AND WHERE TO FIND IT


This communication does not constitute an offer to sell or the solicitation of an offer to buy the securities of Cabela’s Incorporated (the “Company”) or the solicitation of any vote or approval. This communication is being made in respect of the proposed merger transaction involving the Company, Bass Pro Group, LLC (“Bass Pro Group”) and a wholly-owned subsidiary of Bass Pro Group. The proposed merger of the Company will be submitted to the stockholders of the Company for their consideration. In connection therewith, the Company intends to file relevant materials with the Securities and Exchange Commission (the “SEC”), including a definitive proxy statement. However, such documents are not currently available. The definitive proxy statement will be mailed to the stockholders of the Company. BEFORE MAKING ANY VOTING OR ANY INVESTMENT DECISION, INVESTORS AND SECURITY HOLDERS ARE URGED TO READ THE DEFINITIVE PROXY STATEMENT REGARDING THE PROPOSED TRANSACTION AND ANY OTHER RELEVANT DOCUMENTS FILED OR TO BE FILED WITH THE SEC CAREFULLY AND IN THEIR ENTIRETY WHEN THEY BECOME AVAILABLE, BECAUSE THEY WILL CONTAIN IMPORTANT INFORMATION ABOUT THE PROPOSED TRANSACTION. Investors and security holders may obtain free copies of the definitive proxy statement, any amendments or supplements thereto and other documents containing important information about the Company, once such documents are filed with the SEC, through the website maintained by the SEC at www.sec.gov. Copies of the documents filed with the SEC by the Company will be available free of charge on the Company’s website at www.cabelas.com under the heading “SEC Filings” in the “Investor Relations” portion of the Company’s website. Stockholders of the Company may also obtain a free copy of the definitive proxy statement and any filings with the SEC that are incorporated by reference in the definitive proxy statement by contacting the Company’s Investor Relations Department at (308) 255-7428.


PARTICIPANTS IN THE SOLICITATION


The Company and its directors, executive officers and certain other members of management and employees may be deemed to be participants in the solicitation of proxies in connection with the proposed transaction. Information about the directors and executive officers of the Company is set forth in its Annual Report on Form 10-K for the fiscal year ended January 2, 2016 and Amendment No. 1 thereto, which were filed with the SEC on February 22, 2016 and April 29, 2016, respectively, and in subsequent documents filed with the SEC, each of which can be obtained free of charge from the sources indicated above. Other information regarding the participants in the proxy solicitation of the stockholders of the Company and a description of their direct and indirect interests, by security holdings or otherwise, will be contained in the preliminary and definitive proxy statements and other relevant materials to be filed with the SEC when they become available.


CAUTIONARY NOTE REGARDING FORWARD-LOOKING STATEMENTS


This document contains “forward-looking statements” that are based on the Company’s beliefs, assumptions, and expectations of future events, taking into account the information currently available to the Company. All statements other than statements of current or historical fact contained in this report are forward-looking statements. The words “believe,” “may,” “should,” “anticipate,” “estimate,” “expect,” “intend,” “objective,” “seek,” “plan,” “confident,” and similar statements are intended to identify forward-looking statements. Forward-looking statements involve risks and uncertainties that may cause the Company’s actual results, performance, or financial condition to differ materially from the expectations of future results, performance, or financial condition the Company expresses or implies in any forward-looking statements. These risks and uncertainties include, but are not limited to: the satisfaction of the conditions precedent to the consummation of the proposed merger, including, without limitation, the receipt of stockholder and regulatory approvals; unanticipated difficulties or expenditures relating to the proposed merger; legal proceedings, judgments or settlements, including those that may be instituted against the Company, the Company’s board of directors, executive officers and others following the announcement of the proposed merger; disruptions of current plans and operations caused by the announcement and pendency of the proposed merger; potential difficulties in employee retention due to the announcement and pendency of the proposed merger; the response of customers, suppliers, business partners and regulators to the announcement of the proposed merger; the state of the economy and the level of discretionary consumer spending, including changes in consumer preferences, demand for firearms and ammunition, and demographic trends; adverse changes in the capital and credit markets or the availability of capital and credit; the Company’s ability to successfully execute the Company’s omni-channel strategy; increasing competition in the outdoor sporting goods industry and for credit card products and reward programs; the cost of the Company’s products, including increases in fuel prices; the availability of the Company’s products due to political or financial instability in countries where the goods the Company sells are manufactured; supply and delivery shortages or interruptions, and other interruptions or disruptions to the Company’s systems, processes, or controls, caused by system changes or other factors; increased or adverse government regulations, including regulations relating to firearms and ammunition; the Company’s ability to protect the Company’s brand, intellectual property, and reputation; the Company’s ability to prevent cybersecurity breaches and mitigate cybersecurity risks; the outcome of litigation, administrative, and/or regulatory matters (including the ongoing audits by tax authorities and compliance examinations by the Federal Deposit Insurance Corporation (“FDIC”)); the Company’s ability to manage credit, liquidity, interest rate, operational, legal, regulatory capital, and compliance risks; the Company’s ability to increase credit card receivables while managing credit quality; the Company’s ability to securitize the Company’s credit card receivables at acceptable rates or access the deposits market at acceptable rates; the impact of legislation, regulation, and supervisory regulatory actions in the financial services industry; and other risks, relevant factors, and uncertainties identified in the Company’s filings with the Securities and Exchange Commission (“SEC”) (including the information set forth in the “Risk Factors” section of the Company’s Annual Report on Form 10-K for the fiscal year ended January 2, 2016, and in Part II, Item 1A, of the Company’s Quarterly Report on Form 10-Q for the first quarter ended April 2, 2016), and in subsequent filings, which filings are available at the SEC’s website at www.sec.gov. Given the risks and uncertainties surrounding forward-looking statements, you should not place undue reliance on these statements. The Company’s forward-looking statements speak only as of the date of this document. Other than as required by law, the Company undertakes no obligation to update or revise forward-looking statements, whether as a result of new information, future events, or otherwise.

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If You Live In Western NC

October 3, 2016 by 2 Comments

The last gun show in the Asheville area before the general election is this coming weekend, October 8th and 9th. The Grass Roots North Carolina booth needs volunteers to help man it. I will be there and so potentially will the Complementary Spouse. See the announce below for contact information.

Asheville Gun Show Needs Volunteers! 
Volunteers are needed to help man the GRNC table at the upcomingMK Shows Gun Show, in Asheville, on October 8th and 9th, 2016. The show will be held at the WNC Agricultural Center, located at 1301 Fanning Bridge Rd., Fletcher, NC, 28732.

Help defend Second Amendment freedom and join GRNC in expanding North Carolina gun rights!

Potential Volunteers should contact John Hammond atJohnDHammond@msn.com, or by phone at 828-699-3117.