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June 12, 2015 |
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NSSF Supports H.R. 2710,
U.S. Supreme Court Denies Review of Jackson v. San Francisco The U.S. Supreme Court this week denied review in the case of Jackson v. San Francisco -- upholding what NSSF clearly views as a erroneous opinion by the Ninth Circuit. The Ninth Circuit's opinion from late last year holds that San Francisco's requirement that individuals must store handguns in a lockbox or secured with a trigger lock when not carried on their person is an insubstantial burden on the Second Amendment rights of San Franciscans. Justice Thomas was joined by Justice Scalia in writing a rare dissenting opinion to a denial of certiorari. Justice Thomas analyzed the San Francisco law in the context of First Amendment jurisprudence to conclude that the law would not survive any form of scrutiny and that review of the case should have been granted. While this ruling is certainly a blow to the Second Amendment, it highlights the disagreement between the circuits that has worked to slowly erode the scope of the Supreme Court's Heller opinion and reinforces the need for a strong Second Amendment case to be brought before the Court.
Congressional Democrats Propose National Handgun Qualification License Earlier this week anti-gun U.S. Senators Chris Murphy and Richard Blumenthal, both of Connecticut, along with Congressman Chris Van Hollen (D-MD) and Congresswoman Elizabeth Esty (D-CT) introduced legislation that would require prospective handgun buyers to pass a test and submit to fingerprinting and a background check in order to acquire a license just to have the opportunity exercise their Second Amendment rights. (The purchaser also would have to pass subsequent background checks at the point of purchase.) The bill is based on a biased and seriously flawed study by the anti-gun, Bloomberg-funded Johns Hopkins Bloomberg School of Public Health. This legislation, which amounts to a poll tax on the Second Amendment rights of law-abiding citizens, will certainly be met with significant resistance on Capitol Hill.
Biased Survey Yields Biased Results Remember the December 2014 Pew Research Center poll that showed a majority of Americans believe it's more important to protect the right to own firearms than to control gun ownership? Researchers at the Johns Hopkins Bloomberg School of Public Health are deeply concerned that the results are flawed because the respondents were led to their answers by the wording, not the actual content of the question. These researchers were so concerned they took it upon themselves to do their own poll. Considering the notably anti-firearm bent of the Bloomberg School and the funding from the Mayor's own slush fund, "Bloomberg Philanthropies," it's no surprise their poll attempts to draw different conclusions. Read more.
NSSF & SAAMI Motion Filed in California Microstamping Lawsuit Today NSSF filed a motion for summary judgment in its lawsuit challenging California’s statute requiring microstamping of all new model semi-automatic pistols. Two years after the state imposed the microstamping mandate, the fate of this unreliable and flawed technology that will do nothing to reduce crime now rests in the hands of the Fresno Superior Court. The dual placement microstamping requirement set forth by California is unquestionably impossible to comply with. The absurdity of requiring all new models of pistols introduced in California to comply with an impossible requirement has resulted in the decertification of 339 models of semi-automatic pistols from California’s roster. A hearing on NSSF’s motion is set for August 28 and we fully expect the state will file its own motion for summary judgment before that date.
City of Gary Lawsuit The dust has been blown off the long-dormant case of City of Gary v. Smith & Wesson et al. The City of Gary has obtained new counsel and is seeking a status conference with the court, which has been set for July 27, 2015. This development comes after the city effectively abandoned the case for more than six years and after the governor recently signed a bill amending Indiana's existing law barring public nuisance lawsuits against members of our industry for the criminal misuse of firearms so that it would apply retroactively to cases pending at the time the law was originally enacted in 2001. The city is represented in the case by the Brady Center and a local law firm. We will report further as matters develop.
Federal Court Tosses Brady Center Lawsuit Challenging "Made In Kansas" Law This past week a federal court rejected a Brady Center lawsuit challenging the constitutionality of Kansas' Second Amendment Protection Act, which prohibits application of federal gun control laws to personal firearms made and kept within Kansas borders. The court ruled that the Brady Center lacked standing to challenge the "Made In Kansas" law because none of its members suffered any actual or imminent injury from the act's enforcement. Kansas Attorney General Derek Schmidt has applauded the court's ruling, and the Brady Center is said to be weighing its options. Following passage of the act in 2013, the Obama Administration threatened litigation of its own against Kansas to prevent the state from interfering with federal enforcement of federal law, but interestingly the administration has yet to take action and did not participate in the Brady Center's lawsuit.
Wisconsin Legislature Votes to Repeal Handgun Waiting Period The Wisconsin Assembly gave its approval earlier this week to Senate Bill 35, which would repeal an antiquated law from the 1970s requiring a 48-hour waiting period for handgun purchases. The current law requiring a waiting period for all handgun sales was enacted in Wisconsin in 1976, a time when background checks were not required for all firearm transactions taking place through a federally licensed firearms dealer. Beginning in 1998, with the creation of NICS background checks, all firearms transactions taking place through an FFL require background checks to be conducted; therefore the current waiting period is unnecessary and puts a burden on law-abiding citizens and FFLs. SB 35 now goes to Gov. Scott Walker for his consideration.
Massachusetts Legislators Take to the Range
Stay on Top of Laws, Attend Annual Import/Export Conference
It can be a challenge to stay on top of the myriad federal laws and regulations that govern the import and export of firearms and related products. Compliance, however, is critical to keeping your business operating. To help federal firearms license holders and other members of our industry, a joint presentation of the NSSF and the FAIR Trade Group will take place Aug. 4-5 at the Renaissance Washington, D.C., Downtown, 999 Ninth St., NW. Learn more and register today.
Thank You to Our Latest NSSF PAC Contributors
Capitol Club ($1,000 or more): Dave Jeannette
Learn more about our industry's Political Action Committee:
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| NSSF Government Resources | NSSF PAC |
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U.S. Rep. Rob Bishop (R-Utah) on Wednesday introduced H.R. 2710, the Lawful Purpose and Self Defense Act of 2015. The bill, supported by NSSF, would revise the Gun Control Act of 1968, as amended, to replace the "sporting purposes" and "sporting use" sections with modernizing language used to better define whether firearms and ammunition can be lawfully imported, possessed and transferred. 
