Gun Control Lobby Targets NICS 3-Day Delay;
NSSF is Responding on Behalf of the Industry

Gun control groups and their allies on Capitol Hill are promoting legislation to change current federal law that provides the FBI's National Instant Criminal background Check System (NICS) three business days to determine whether there is sufficient evidence to deny a firearms purchase. Citing the recent tragedy in Charleston, they are choosing to fault the three-day rule, suggesting that the FBI/NICS examiner did not have enough time to finish the background check. They are also attempting to pressure retailers that choose to legally complete transfers after the three-day period to change their policy.

According to FBI statistics, in 2014 NICS delayed 9 percent of transactions. Of those delayed transfers, 12 percent eventually were denied, but that constituted only 1.1 percent of all NICS checks performed.

The mistakes made during the NICS check process in the case of the Charleston shooter, and admitted to by FBI Director James Comey, rather than making the case for additional federal law demonstrate the need for all appropriate records to be entered into NICS at the state level and for FBI/NICS to be given the resources it needs to fulfill its mission and support firearms retailers. This approach has been the focus of the NSSF's nation-wide FixNICS initiative in many state capitals and our ongoing work in Washington, D.C. to ensure that the system that puts retailers on the front lines to prevent sales to prohibited individuals works in the manner that Congress originally intended. Read NSSF Senior Vice President and General Counsel Larry Keane's new blog post.

As always, NSSF staff will be active on Capitol Hill to provide the industry's viewpoint and experience on this matter of national interest and we will keep you informed of developments.

 

Larry Keane Discusses Gun Issues with Dana Loesch

The release of firearms policy researcher John Lott's new report on the impressive increase in the number of concealed carry permit holders even as the criminal use of firearms has been increasing was the lead-off topic in a lively discussion between TheBlaze TV's Dana Loesch and the NSSF's Larry Keane. Other topics include NICS and the latest anti-gun politics. Watch the TheBlaze TV segment, which is used here with permission.

 

Seattle Gun & Ammo Tax Receives First Consideration

The Seattle City Council's Education and Government Committee met Wednesday to give first consideration to proposed ordinances that would both burden federally licensed firearms businesses and law-abiding citizens and violate Washington state law. Council Bill 118437, touted as a "Gun Violence Tax" ordinance, would require a $25 tax on all firearms and levy a nickel tax on each round of ammunition sold in the city. Council President Tim Burges is author of the proposed ordinance.

Also sponsored by Burgess, Council Bill 118436, billed as the "Stolen Firearms" ordinance, would require the reporting of lost or stolen firearms within 24 hours and provide for a $500 fine.

The Education and Governance Committee will meet again Aug. 5 to discuss these proposals. In the meantime, Seattle residents should continue to contact the City Council and respectfully urge them to oppose these onerous and misguided proposals. NSSF will oppose these proposals and keep you informed of developments.

 

SF Supervisor Wants Firearms, Ammo Sales Video Recorded

San Francisco Supervisor Mark Ferrell has requested that the city attorney draft legislation to require surveillance equipment to capture all sales of firearms and ammunition purchases. This request comes on the heels of a violent illegal-alien felon murdering a San Francisco woman with a firearm stolen from a federal agent. Anti-gun San Francisco Board of Supervisors members have a demonstrated history of using tragedies to push for more gun control, as reported by Fox News. The proposed ordinance would require that all sales be videotaped and sales records be transmitted weekly to San Francisco police. The legislation will likely be considered by the Board of Supervisors in September.

 

Ammunition Background Checks Suspended in N.Y.

As reported earlier this week, the New York SAFE Act Memorandum of Understanding (MOU) entered into between the Republican Senate Majority Leader John Flanagan and Gov. Andrew Cuomo's Director of Operations, Jim Malatras, acknowledges that technology does not exist to implement the use and enforcement of a statewide license and record database for ammunition sales. What remains murky is the legality of Internet-based sales. Although there is no statutory requirement that ammunition sales must be made in person, the New York State Police Superintendent has interpreted the SAFE Act to require in-person sales of ammunition. The MOU stipulates that no state money will be used to implement any background check system or database at the current time. Many media accounts are describing this activity as purely political maneuvers by the governor and the state senate.

 

Positive Changes Made to Illinois Firearms Laws

After months of working its way through the Illinois legislature, Gov. Bruce Rauner has signed legislation to make improvements to the Firearms Owner Identification (FOID) and concealed-carry acts. SB 836 clarifies portions of the concealed carry law enacted two years ago. Some of the more important parts of the bill include allowing the use of a concealed carry license when purchasing firearms or ammunition, permitting concealed carry licensees to possess firearms and ammunition without being in physical possession of their FOID card, and ensuring that non-resident competitors may purchase firearms and ammunition at events held at the World Shooting Complex. NSSF would like to thank all the legislators and citizens in Illinois who supported SB 836.

 

DOJ Files Brief Seeking to Overturn Mance v. Lynch

The U.S. Department of Justice has filed its opening brief with the 5th Circuit Court of Appeals in Mance v. Lynch seeking to overturn a lower court ruling that struck down the federal interstate handgun transfer ban. The district court found the ban unconstitutional after a Washington, D.C.-based couple attempted to purchase two handguns in Texas, but would have been forced to pay at least $150 in transfer and shipping fees to the District's only licensed retailer.

DOJ argues in its brief that under the Heller Supreme Court decision, the handgun transfer provisions are lawful qualifications on the commercial sale of firearms that do not substantially burden Second Amendment rights, including the core right to defend oneself in one's home. NSSF supports the ruling of the district court and intends to file an amicus brief with the 5th Circuit to demonstrate the adverse impact the ban has on federally licensed firearms retailers and its other responsible and law-abiding members.

 

Calif. Court to FFLs: Your 1st Amendment Rights Are Denied (At Least for Now)

There has been a surprising twist in Tracy Rifle v. Harris, the First Amendment case in which several FFLs are challenging California's prohibition on the on-site display of handgun advertisements. In determining whether the imposition of a preliminary injunction was appropriate as the merits of the challenge are litigated, the court determined that although Plaintiffs will most likely succeed on the merits of their First Amendment claim it would still deny the preliminary injunction because plaintiffs provided "no specific evidence that they will suffer irreparable harm due to the immediate consequences of compliance" with the statute. In denying the motion, the court brushed aside the well-accepted idea that the "loss of First Amendment rights, for even minimal periods of time, unquestionably constitutes irreparable injury," ruling instead in favor of "a cautionary approach that favors denial greater serves the public interest than granting the injunction."

 

Rep. Luetkemeyer Not Satisfied with DOJ's Operation Choke Point Limited Self-Reporting

U.S. Rep. Blaine Luetkemeyer (R-Mo.), who has been a standout leader in Congress in investigating "Operation Choke Point," told The Daily Signal's Kelsey Harkness in an exclusive interview this week that he was "disappointed" but "not surprised" by the Department of Justice's internal report on the extent of the department's targeting of legally operating businesses including firearms retailers. The goal of the operation was to cut off the provision of financial services to businesses of the type that the highly political Obama administration holds in low regard. Congressman Luetkemeyer is NSSF's 2014 Legislator of the Year.

 

Import/Export Conference Now At Capacity

The 2015 Import/Export Conference, a joint presentation of NSSF and the FAIR Trade Group, taking place Aug. 4-5 at the Renaissance Washington, D.C., Downtown is now at full capacity. As a result, registration is now closed.

 

 

Thank You to Our Latest NSSF PAC Contributors

Cabinet Club ($2,500 or more): James Boyce
Industry Club (up to $249): Jeff Cernosek, Kevin End, Karl Monk, Regina Nelson

 

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