Defense of Free Market and Public Safety Resolution Exposed

The Defense of Free Market and Public Safety Resolution was adopted by ALEC's Criminal Justice Task Force at the Spring Task Force Summit on May 5, 2000 and approved by the full ALEC Board of Directors in June, 2000. ALEC has attempted to distance itself from this piece of legislation after the launch of ALECexposed.org in 2011, but it has done nothing to get it repealed in the states where it previously pushed for it to be made into law.

CMD's Bill Summary

This Resolution opposes efforts of law enforcement to use their purchasing power to pursue public safety ends, specifically a pledge from gun manufacturers that they will not market weapons for dangerous uses (such as "cop killer" guns or bullets).

ALEC Resolution Text

WHEREAS, certain federal, state, and local officials are publicly urging government leaders to award state and local law enforcement firearm purchasing contracts only to gun manufacturers who agree to submit to the arbitrary terms of a politically-driven “Code of Conduct,” imposed by the federal government and

WHEREAS, this “Code of Conduct” prescribes wide-ranging new controls on gun manufacturers’ marketing strategies, distribution practices, and product design, as well as far-reaching restrictions on licensed dealers’ sales and their customer base, and

WHEREAS, this “Code of Conduct” emerged not as a result of any congressional or state legislative action, but as a capitulation by a single manufacturer to a large number of frivolous lawsuits filed in a multitude of jurisdictions against a number of federally licensed gun companies and dealers, and

WHEREAS, forty-two states have enacted laws similar to ALEC’s model “Consistency in Firearms Regulation Act,” providing for uniform and consistent state laws governing the purchase, sale and delivery of firearms to avoid confusion for law enforcement and law-abiding citizens, and

WHEREAS, federal, state, and local “open bid” laws were enacted to protect taxpayers and government employees in the procurement of goods and services by government agencies, and

WHEREAS, the primary factors in firearms selection for federal, state, and local law enforcement agencies should be product quality, service and price, not the political philosophy of its manufacturer, and

WHEREAS, the safety of these dedicated public servants and the public at large should not be compromised; now, therefore be it

THEREFORE, BE IT RESOLVED, that the American Legislative Exchange Council hereby opposes the efforts of those federal, state, and local elected and appointed officials who are openly encouraging a circumvention of the legislative process to establish further controls on firearms; and be it further

BE IT FURTHER RESOLVED, that the American Legislative Exchange Council opposes any attempts to violate state firearms preemption laws and the competitive bidding process; and be it further

BE IT FURTHER RESOLVED, that the American Legislative Exchange Council strongly opposes any effort that compromises law enforcement officer safety or the public’s safety.

Adopted by ALEC's Criminal Justice Task Force at the Spring Task Force Summit May 5, 2000.

Approved by full ALEC Board of Directors June, 2000.