A detailed look at what the Smith & Wesson Company agreed to do for the Cinton Administration!

US Department of Housing and Urban Development ^ | FR Post 10-19-2002 | HUD Editorial Staff

[vannrox]

AGREEMENT BETWEEN SMITH & WESSON AND THE DEPARTMENTS OF THE TREASURY AND HOUSING AND URBAN DEVELOPMENT, LOCAL GOVERNMENTS AND STATES SUMMARY OF TERMS Preamble: The city, state, county and federal parties agree to dismiss the parties from the pending suits and refrain from filing suits against the manufacturer parties based on an equivalent cause of action.

SAFETY AND DESIGN

All handguns must meet the following safety and design standards:

• Second "hidden" serial number, to prevent criminals from obliterating serial numbers.
• External locking device sold with all guns within 60 days.
• Internal locking device on all guns within 24 months.
• Smart Guns -- Authorized User Technology.
  • Manufacturers commit 2% of annual firearms revenues to the development of authorized user technology.
  • Within 36 months, authorized user technology will be included in all new firearm models, with the exception of curios and collectors’ firearms.
  • If top eight manufacturers agree, authorized user technology will be included in all new firearms.

• Child Safety. Within 12 months, handguns will be designed so they cannot be readily operated by a child under 6.
• Performance test. All firearms will be subject to a performance test to ensure safety and quality.
• Drop test. All firearms will be subject to a test to ensure they do not fire when dropped.

All pistols must meet the following additional requirements:

• Safety device. Positive manually operated safety device.
• Magazine disconnectors must be available on all pistols to customers who desire the feature, within 12 months.
• Chamber load indicators on all pistols, showing whether the pistol is loaded, within 12 months.
• Large capacity magazines. New firearm designs will not be able to accept large-capacity magazines that were manufactured prior to September 1994. (Manufacture of such magazines has been prohibited since that date.)

Law enforcement and military exception. If law enforcement agencies or the military certify the need, exceptions to these requirements may be made. Manufacturers will ask that these guns not be resold to the civilian market.

Warnings about safe storage and handling included with all firearms within six months.

Illegal firearms. Manufacturers will not sell firearms that can readily be converted into fully automatic weapons or that are resistant to fingerprints.

 

SALES AND DISTRIBUTION

Code of Conduct. The manufacturers will sell only to authorized dealers and distributors and allow their authorized distributors to sell only to authorized dealers. Authorized dealers and distributors will agree to a code of conduct. If manufacturers receive notice of a violation by an authorized dealer or distributor, they will take action against the dealer or distributor, including termination of sales to the dealer or distributor. The Oversight Commission will review such actions and have authority to require termination or suspension if warranted.

The code of conduct will require authorized dealers and distributors to:

• Gun shows: make no gun show sales unless all sales at the gun show are completed only after a background check.
• Brady checks: wait as long as necessary for a completed Brady check showing that the purchaser is not a felon or otherwise prohibited before selling a gun to the purchaser.
• Safety training for purchasers: transfer firearms only to individuals who have passed certified safety course or exam and demonstrate to purchasers how to use all safety devices and how to load, unload, and safely store the firearm before completing the sale.
• Multiple handgun sales: all purchasers of multiple handguns to take only one handgun from the store on the day of sale, at which point a multiple sales report will be filed with ATF. The remainder of the guns can only be collected after 14 days.
• Employee training: require all employees to attend ATF-approved training and to pass a exam on firearms laws, straw purchasers, illegal trafficking indicators, and gun safety.
• Insurance: carry liability insurance where available, with a minimum coverage of $1 million for each incident.
• Inventory control: maintain an electronic inventory tracking plan within 24 months
• Security: implement a security plan for securing firearms.
• Child access: require persons under 18 to be accompanied by adults in gun stores or gun sections of stores.
• Weapons attractive to criminals: not sell large capacity magazines or semiautomatic assault weapons.
• Compliance: provide law enforcement, government regulators, and the Oversight Commission established in this Agreement with access to documents necessary to determine compliance; cooperate fully in the Agreement’s Oversight mechanism.
• Crime gun traces: maintain an electronic record of all ATF trace requests and report trace requests to manufacturers.
• Indicted dealers: forgo firearms sales to licensed dealers known to be under indictment.
• Straw purchasers: not to make sales to straw purchasers.

Manufacturer commitments. Manufacturers will:

• Provide quarterly sales data to ATF.
• Not market guns in any manner designed to appeal to juveniles or criminals.
• Refrain from selling any modified/sporterized semi-automatic pistol of type that cannot be imported into U.S.
• Reaffirm policy of not placing advertisements in vicinity of schools, high crime zones, and public housing.
• Implement a security plan for securing firearms.
• Designate an officer to ensure compliance with the Agreement.

Corporate responsibility for crime gun traces. If an authorized dealer or distributor has a disproportionate number of crime guns traced to it within three years of sale, the manufacturers will take action, including possible termination or suspension, against the dealer or distributor. The Oversight Commission will review such actions and have authority to require termination or suspension if warranted.

Oversight Commission will be established and empowered to oversee implementation of the Agreement. The Commission will have five members selected as follows: one by manufacturers; two by city and county parties; one by state parties; one by ATF. The Commission’s powers will include the authority to review compliance with the design and safety requirements, review the safety and training program for dealer and distributor employees, review manufacturer actions against dealers or distributors that violate the Agreement or have a disproportionate number of crime gun traces, and require suspension or termination if warranted.

Role of ATF. To the extent consistent with law, ATF will work with manufacturers and the Oversight Commission to assist them in meeting obligations under the Agreement. ATF will notify the Oversight Commission of certain violations of the Agreement by distributors and dealers if it uncovers such violations.

Ballistics Imaging. Within six months, if technologically available, manufacturers will fire all firearms before sale and will enter the digital image of the casings in a system compatible with the National Integrated Ballistics Identification Network and accessible to ATF. This will enable law enforcement to trace crime guns when only the bullets or casings are recovered.

Access 2000. Manufacturers shall participate in ATF’s Access 2000 program, which establishes electronic links with ATF and enables high-speed tracing of crime guns.

Legislation. The parties will work together to support legislative efforts to reduce firearm misuse and the development of authorized user technology.

Education trust fund. Upon resolution of all current city, state, and county lawsuits, manufacturers will dedicate 1% of overall firearms revenues to an education trust fund.

Most favored entity. If other manufacturers enter agreements with more expansive design and distribution reforms, and those manufacturers, along with the manufacturer parties to this Agreement, account for fifty percent or more of United States handgun sales, the manufacturer parties to this Agreement will agree to abide by the same reforms.

Enforcement. The Agreement will be entered into and enforceable as a court order and as a contract.

[vannrox]

For some reason, I was under the belief and the understanding that S&W was not adbiding by these agreement, but now I can see how cleanly we were sold down the river! I found this information doing research for a S&W model 99 pistol. I thought that it might be a nice gun to have. No LONGER!

[vannrox]

S&W I am ashamed of you. Take that US Flag icon off your web site!

[petuniasevan]

PING!

[BenR2]

Sickening: Absolutely sickening.

Clearly the Federal Government now views gun ownwership in this country is now de facto a privilege and not a right (the words of the Second Amendment to the contrary notwithstanding).

[Mr. K]

In defense of S&W, they were pretty much certain they would be sued a la 'big tobacco' law suits if they did not comply... and knew they couldn't survive a reaming like that.

Remember this was like months after the first big tobacco extortio... I mean law suits were won in state after state.

But they did grab their ankles pretty quick.

[vannrox]

So, in short, when you purchase a Smith and Wesson firearm, you can be assured that your gun and your personal information has...

• Your gun has been fired by S&W before being sold to you. They then entered the digital image of the casings in a system compatible with the National Integrated Ballistics Identification Network and accessible to ATF.
• S&W participates in "ATF’s Access 2000 program", which establishes electronic links with ATF and enables high-speed tracing of your guns.
• The price that you paid for the pistol had a hidden 1% tax that went to the NEA.
• Purchasing the gun made your actions with it the business of both S&W and the ATF. As shuch you are legally bound to adhere to any product recalls and or modifications that they deem necessary after you purchased the firearm.
• S&W Provided quarterly sales data to the ATF. This information included the complete gun sales records that you filled out when you purchased the gun.
• S&W with the ATF have a "security Plan" for securing YOUR Firearms if for some reason you are judged not worthy of owning it.
• And, of course, you had a detailed Brady Gun Background check that is more rigorous than what is normally present when purchasing a fire arm.

[newwahoo]

Is the boycott still on? I felt bad going for a Sig, as I would have liked to support an American gunmaker, but the deal with x42 was too much. I thought I heard that the new owners were going to repudiate it? I wonder what ever happened with that...

[Jonathon Spectre]

About two weeks after S&W committed financial suicide by caving to the Nazis there was a big S&W sale at a local gun shop. S&W representatives were there to show off their wares and try to make sales. It was quite possibly the most embarrassing thing I've ever actually seen.

No one in the store would even look at them. "Not interested." "No thanks." "I'll never buy from y'all again." I added my own, "Thanks, but you couldn't give me one, sell them to the federal government," when they tried to woo me.

Just out of curiosity I returned the next day. They were still there, and they had marked their guns down to what couldn't have been very much more than invoice. They had some *very nice* guns there, and there they stayed. I hung out and talked to the clerk for about two hours just to see what happened. Not one person who came in showed the slightest interest in them or their guns, and most were downright hostile/disgusted. Just before I left they gave each other "The Look" and packed up and took off.

The moral to this story is: The good will punish association and accomodation with evil. Reap what you sow.

[jim_trent]

This is 2 or 3 years old. What is the point? The owners of the company who made that agreement are gone. The new owners and the present administration have ended the agreement. I thought this forum was for current news, now ancient history.

[vannrox]

"...The owners of the company who made that agreement are gone..."

So what. According to USC COntract Law. The contract is still inforce. And it is being enforced.


"...The new owners and the present administration have ended the agreement..."

I hope you are correct. COuld you please kindly give me a URL to verify this. That is why I was looking in the first place. I wanted a S&W 99, but I was unable to determine whether the agreement was revoked. Unless it has been revoked, or the company has completely reorganized under chapter 11 the odds are very likely that the agreement is still in force.

I would really like the link. Other than that, I am afraid that you are basing your thoughts and comments on "hearsay" and nothing legally binding.

Like I said. As far as I know, the agreement is still in place.

[blau993]

Read the story in the Wall Street Journal last week. The agreement you posted is ancient history. The company has since been sold. Its new management is all American, and they have repudiated this agreement. They have rejoined the fold, insofar as defense of Second Amendment rights is concerned. No boycott is in effect nor is any justified.

[mark the shark]

I believe that I also read a similar story on this subject in a recent NRA American Rifleman issue, that stated that S&W had backed out of this "Alleged" agreement from the
Clinton era. I'll try to confirm that with a google search.

[vannrox]

Thanx. I like the SW 99. It's a sweet pistol. But I won't touch it with a mile long wire if the agreement is in any was still un-resended. Otherwise, as soon as a new administration comes to town, the agreement could suddenly be reactivated.

[mark the shark]

I believe that I also read a similar story on this subject in a recent NRA American Rifleman issue, that stated that S&W had backed out of this "Alleged" agreement from the
Clinton era. I'll try to confirm that with a google search.

[mark the shark]

OOPS on the double post. So far all I could find on the S&W web site was reference to the agreement they had with the city of Boston, which was apparently base on a similar foundation when compared with the Fed agreement, but I could find no solid reference to the fed agreement and it's status. I'm still looking though, I'm going to look for my old American Rifleman mags. Try to let you know what I find.

[SteveH]

Consider also HK USP Compact in .40...

[ozzymandus]

Get the Walther version. Mine is .40 cal and it's sweet!

[Skibane]

I doubt that you'll find much further information. S&W informally decided to stop honoring the terms of the agreement, and the current administration informally decided not to hold them to it. The agreement still exists, and could still be enforced by a less gun-friendly administration.

[fire_eye]

Y'all quit playin' with them there toys and buy yerselves a Kahr,
y'hear?

[Capitalist Eric]

I recommend Kimber- they make top-notch weapons, for a (relatively) reasonable price... I tried Sig, S&W and Glock... They were OK, but when I fired a Kimber...?

WOW!

Sweet craftmanship, flawless operation. And a trigger that's as smooth as silk...

Why would I buy a cheap piece of cr@p like S&W, compared to a Kimber???

Be good,