Gun Owners Foundation

ANNUAL REPORT
2006 - 2007

Overview

The Gun Owners Foundation exists in order to educate the public about the importance of the Second Amendment and to provide legal, expert and support assistance for law-abiding individuals involved in firearms-related cases. The Foundation is a 501(c)(3) organization, incorporated in the State of Virginia. Contributions to Gun Owners Foundation are fully tax-deductible.

Publications

The Foundation continues to research, publish and distribute numerous books, monographs, issue briefs, audio and video tapes, and other educational materials relating to firearms rights.

Legal Assistance

The Foundation has been involved in numerous cases of assistance to organizations and individuals against federal firearms charges, as well as state and local prosecutions for the use of a firearm in self-defense.

GOF has been active not only in criminal cases, but also in civil and administrative matters. Examples of past legal assistance being provided include the following:

• Baltimore businessmen Darrel Kifer and Kenny Der were arrested and tried for murder even though they were forced to defend themselves with firearms against a burglar who was trying to kill them. Legal assistance and support was provided by Gun Owners Foundation, and after a trial both men were totally vindicated when they were acquitted on all of the charges against them.
• When Sheriffs Jay Printz of Montana and Richard Mack of Arizona challenged the constitutionality of the Brady Act, GOF filed an amicus curiae brief with the Supreme Court of the United States in support of the Sheriffs. The brief sets forth the various reasons why this law is blatantly unconstitutional. Subsequently, the Court declared major provisions of the Brady law to be unconstitutional.
• General Laney, a long-time Detroit area firearms dealer, was charged and prosecuted for illegally selling a firearm, even though he complied fully with Michigan law. GOF provided assistance, and after a pretrial hearing, the judge threw out the case. The state appealed, but eventually the Michigan Supreme court agreed, dismissing the case, and totally vindicating Mr. Laney.
• After Michael Saari was illegally arrested, searched and charged for firearms violations in Memphis, the Foundation assisted with his defense. A motion to suppress the tainted evidence was filed and it was eventually granted by the U.S. District Court, after a finding that the arresting officers' actions were unconstitutional. The Court of Appeals later affirmed the lower court decision and the case eventually was dismissed.
• The Foundation provided legal assistance to Fritz Muller after he was charged in West Virginia with carrying a concealed firearm without a license, even though the gun was carried openly. After lengthy legal maneuvering, a hung jury and a mistrial, the matter was finally thrown out by the judge.
• Soon after the government appealed a federal district court decision that a certain gun control statute is unconstitutional based on the Second Amendment, GOF was requested to file an amicus curiae brief in support of Dr. Timothy Joe Emerson, the accused in the case. The Court of Appeals for the Fifth Circuit sent the matter back for trial, but has stated that the Second Amendment is indeed an individual right. The Supreme Court refused to hear the case.
• Idaho resident Michael Kohl, a Christian minister, accidentally and mistakenly shot another man while elk hunting in the upper region of the state. After an overzealous local prosecutor charged Kohl with manslaughter, GOF provided legal and support assistance in the case. A jury acquitted Kohl of all wrongdoing.
• Legal assistance and support was rendered by GOF to Texas firearms dealer Bob Arwady when the BATF manufactured a federal criminal case against him. After a lengthy legal battle, including a jury trial, he was acquitted of all charges.
• When Fairfax County, Virginia, banned firearms in county-owned buildings, the Foundation provided legal assistance to five county residents to bring suit against the ban. The judge threw out the county's restrictions as a violation of the state's preemption law, declaring the ban null and void and enjoining its enforcement.
• Thomas Bean was rendered legal and support assistance by GOF in his efforts to have his firearm rights restored. Because the federal government is currently prevented from providing such restoration, the matter was taken to federal district court in Texas, which granted the appropriate relief. The Court of Appeals for the Fifth Circuit affirmed, but the Supreme Court, unfortunately, reversed the lower courts. The Governor of Texas, however, granted Mr. Bean a pardon.

Organization

The law firm of William J. Olson P.C., serves as Legal Counsel for Gun Owners Foundation. This firm advises on hundreds of cases a year inlvolving individuals and companies seeking legal counsel, and has written and argued friend of the court briefs for the Foundation. The Olson firm coordinates the Legal Advisory Committee which advises the Foundation on which cases should receive financial support.

Legal Advisory Committee members are:

David Hardy, an attorney and an author who has published many law review articles has also served as an associate editor of the Arizona Law Review. Hardy represented Sheriff Richard Mack in his landmark case that went to the Supreme Court. Mack successfully challenged the Brady Law requirement that local law enforcement officials perform a background check on gun buyers.

Kerry Morgan, who is an attorney, has been a firearms dealer, and has published a number of articles in the areas of natural law an unalienable rights. His book, Real Choice, Real Freedom in American Educationwas published in 1997.

Paul Paskey, is an attorney. While at Regent University Law School, he won the Firearms Civil Rights Legal Defense Fund essay contest. This essay was later included in a collection published by Gun Owners Foundation entitled Safeguarding Liberty: The Constitution & Citizen Militias.

The directors of Gun Owners Foundation are: H.L. Richardson, former California state senator, Founder and Chairman; Samuel A. Paredes, a former state government official; and Lawrence D. Pratt, former Virginia state legislator, Executive Vice President. Frank McGlynn is the Foundation's chief administrative officer.

Members of the Board of Directors hold office for a term of two years and thereafter until a successor is elected and qualified. During this past year, Board meetings were held at Springfield, Virginia on March 28. and December 28, 2006..

Finances

Many of the Foundation's fundraising services are donated to the organization. The most recent annual independent financial statements of GOF demonstrate that fundraising expenditures constitute just over five percent of the Foundation's total support and contributions.

Here's What They Are Saying About Gun Owners Foundation

"For over three years I was involved in a legal battle with the BATF. GOF was extremely supportive and helpful the entire time. In fact, I sincerely believe that if it wasn't for the assistance of GOF in helping to prove my innocence, I'd probably be sitting in a Federal prison right now. Thank you so much."
-- Darryl Evans
Los Angeles, California

"When you are the subject of a malicious prosecution, it is very encouraging to know that you are not alone. The City and County tried to run my firearms business into the ground through a frivolous prosecution. I am very grateful to Gun Owners Foundation for helping me."
-- General Laney
Detroit, Michigan

"Thank you so much for your efforts. GOF was there with the necessary assistance to help us fight this government abuse of power, and overturn the county gun ban in court."
Tracy Finnell
Springfield, Virginia

"When the local police violated my right to self defense with a handgun after I was threatened by neighborhood thugs, I had to fight city hall. I really appreciate Gun Owners Foundation's support in this fight."
-- Richard Manuel
Columbus, Ohio

"Without the help of the Foundation, all of the firearms would have been ordered destroyed. I have worked with a number of other organizations that assist with good causes, but never one like GOF that was willing to 'roll up its sleeves' and dive unreservedly into a fight to protect a good family man from ruin."
-- Andrew R. Haut
Bakersfield, California

"Were it not for Gun Owners Foundation, I would have had to fight bogus gun charges brought by a biased local system without the aid of any Second Amendment organization. I would have lost everything without GOF standing by me."
-- Layra Kuriatnyk
Rocky Comfort, Missouri