Smith & Wesson, government now disagree on settlement

By Jonathan Weisman
April 13, 2000

BALTIMORE SUN

WASHINGTON--Smith & Wesson, America's largest manufacturer of
handguns, has issued a "clarification" of its landmark pact with
the federal government that would effectively eviscerate much of
the gun controls trumpeted by the Clinton administration.  Smith
& Wesson's interpretation - posted on its Web site - has forced
the company back into talks with the administration that could
lead to a protracted court battle.  Administration officials
dismissed Smith & Wesson's interpretation as more of a
public-relations gambit than a genuine change of heart, but said
they would be willing to go to court to force Smith & Wesson into
compliance.  "The deal speaks for itself," Neal Wolin, general
counsel of the Treasury Department, said of the agreement that
Smith & Wesson reached March 17 with federal, state and local
officials as a way to settle lawsuits it had faced related to gun
violence.

"I think the language of the deal is clear on all these points,"
Wolin said.

Contrary to the government's interpretation, the gun manufacturer
says now, its agreement would compel Smith & Wesson dealers to
impose background checks and other gun-sale restrictions only on
buyers of Smith & Wesson products.  The government maintains that
dealers who wish to sell Smith & Wesson's products must impose
such restrictions on buyers of all guns.  Moreover, the company
says, the criminal background checks to which it agreed for
gun-show sales would not apply to guns sold by private citizens,
only to those sold by licensed dealers.

Gun-show sales by licensed dealers are already subject to
background checks.  "We can't agree to control things that we
have no way to control," said Ken Jorgensen, a Smith & Wesson
spokesman.  Federal officials touted Smith & Wesson's accord as a
breakthrough, largely because it was supposed to have a broad
effect on the firearms industry.

Under the government's interpretation, Smith & Wesson agreed that
its products could be sold only by dealers who followed a strict
"code of responsibility" for all gun sales, not just sales of
Smith & Wesson products.  White House officials acknowledged that
there were now stark differences between the administration's
position and that of Smith & Wesson, which President Clinton
hailed last month as a courageous and visionary company.  Since
the deal was signed, Smith & Wesson has come under pressure from
gun manufacturers, gun dealers and gun-rights activists, who have
accused it of sabotaging the industry.


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