NSSF Hails Passage of Priority Legislation with Safeguard for Traditional Ammunition

NSSF is hailing final Congressional passage of legislation that precludes the Environmental Protection Agency (EPA) from asserting Toxic Substance Control Act (TSCA) authority over ammunition and its component parts. A top legislative priority for the NSSF, this important provision was included in the National Defense Authorization Act of 2015 that President Obama is expected to sign into law.

Anti-hunting organizations have been trying to force the EPA to issue a regulation under TSCA to ban traditional ammunition made with lead components. Had they prevailed it would have had a detrimental effect on manufacturers resulting in the loss of jobs and increased costs to buyers, including the Department of Defense. The assertion of TSCA jurisdiction over traditional ammunition also would have resulted in considerable reductions to the excise taxes ammunition manufacturers pay on the sale of their products that is a critical source of wildlife and habitat conservation funding throughout the country.

"This important amendment to the Toxic Substance Control Act demonstrates the continued ability of Congress to unite, on a bipartisan basis, behind a shared commitment to enhancing our hunting and recreational shooting heritage while also protecting jobs in an important sector of our nation's economy." said Larry Keane, NSSF senior vice president and general counsel. "Our industry owes a debt of gratitude to a number of longtime champions of this effort, which include Senate Armed Services Chairman John McCain and Sens. John Thune, Jim Inhofe and Amy Klobuchar as well as House Armed Services Chairman Mac Thornberry along with Reps. Jeff Miller, Rob Wittman, Tim Walz and Rob Bishop."

 

Bipartisan Sportsmen's Bill Advances in U.S. Senate

The U.S. Senate Energy and Natural Resources Committee Thursday voted to advance the Bipartisan Sportsmen's Act of 2015 (S.556) The legislation was reported out of the committee with overwhelming bipartisan support. Sen. Mike Lee (R-Utah) cast the sole recorded vote opposing the measure.

The committee approval represents an important step toward passage of this priority legislation, which will become eligible for consideration by the entire Senate after additional provisions of the act are reported out of the Environment and Public Works Committee. Thank you to all of the NSSF members and hunters and shooters who took the time to contact your state's U.S. Senators to urge advancement of the Bipartisan Sportsmen's Act. Our industry's voice was heard and we made a difference.

 

New Jersey Smart Gun Bill Moves to Senate

The New Jersey State Senate Law and Public Safety Committee this week passed S.3249 on a 3-2 party-line vote. While repealing the overall "smart gun" mandate could be viewed as a net positive development, NSSF testified in opposition to the bill since it would impose a new mandate on all retailers in the state to carry in inventory at least one model of an authorized-user technology equipped firearm. The legislation, introduced by State Sen. Loretta Weinberg (sponsor of the original "Smart Gun" mandate) is also opposed by smart gun manufacturers.

S.3249 is expected to be scheduled for a vote on the floor of the Senate as soon as possible since proponents seek quick action. NSSF continues to urge all New Jersey retailers and gun owners to express your opposition to this attempt to create an artificial market. Please contact your State Senator. Tell him or her that forcing retailers to carry a smart gun in their inventory is the wrong approach and will not work. If a market demand develops for smart guns, consumers will tell retailers that they want the product. You can also explain that responsible New Jersey gun owners know how to safely store their firearms when they are not in use.

 

Six Senate Democrats Join Call for Export Reform Control

Six Democratic U.S. Senators this week joined the growing number of members of both houses of Congress calling on the Obama administration to complete implementation of its Export Control Reform (ECR) initiative. A complicated and duplicative system of multiple licensing agencies and two different control lists continue to burden the firearms and ammunition industry even as other industries are seeing the benefits of the reform initiative on their ability to compete in the global marketplace.

Writing directly to President Obama and citing, "the fractured nature of this (current) export control process …" were: Sens. Jon Tester (Mont.), Heidi Heitkamp (N.D.), Amy Klobuchar (Minn.), Martin Heinrich (N.M.), Joe Donnelly (Ind.) and Joe Manchin (W.V.). The senators asked for "a response indicating when your administration will review and revise" the applicable rules and make them available for public comment.

 

Atty. Gen. Lynch Quizzed on Ammo 'Sporting Purpose Test' Stonewalling

Rep. John Ratcliffe

Attorney General Loretta Lynch testifying before the U.S. House Judiciary Committee this week was questioned by Rep. John Ratcliffe (R-Texas) for several minutes on why the Department of Justice and the Bureau of Alcohol Tobacco and Firearms (ATF) have not responded to any of the at least 32 petitions submitted in recent years requesting exemptions for non-traditional ammunition intended for sporting purposes. View the video.

Under the Gun Control Act of 1968 (GCA), most ammunition made with alternative material is illegal to import, manufacture and sell unless ATF, which reports to Lynch, determines it is "primarily intended to be used for a sporting purpose." Manufacturers have been working to develop and market new hunting ammunition comprised of an array of metals that encounter the composition test and therefore subject to an ATF ruling. ATF's refusal to apply the sporting purposes test for this ammunition is causing uncertainty as companies cannot determine whether to invest in the research and development needed to foster advancements in high performance, cost-effective ammunition.

In response, U.S. Rep. Brian Babin (R-Texas) has introduced H.R. 3802, the Alternative Ammunition Manufacturing Act of 2015 that would require ATF to respond within 60 days to a petition, and if the petition is not granted, provide in writing detailed reasons for the disapproval. If the ATF does not act with 60 days, the ammunition would be granted an exemption from classification as armor piercing. Click here to write your U.S. representative. Ask them to co-sponsor H.R. 3802, the Alternative Ammunition Manufacturing Act of 2015.

NSSF will continue to work with members of Congress to press the Attorney General and ATF to respond to industry petitions and will keep you informed of developments.

 

Appeals Court Hears Arguments in CBD Suit Dismissal Challenge

The Ninth Circuit Court of Appeals this week heard oral argument in the case of Center for Biological Diversity v. U.S. Forest Service.  The case is before the court, not on the merits of CBD's allegation that the Forest Service has contributed to the presence of spent lead ammunition in Arizona's Kaibab National Forest, which has impacted CBD members' ability to view California condors in the wild as a result of lead poisoning, but rather on the issue of whether CBD may even bring this suit against the Forest Service.

NSSF joined with several pro-hunting groups in 2014 to file a friend of the court brief arguing that the district court properly dismissed CBD's suit because, among other reasons, there is no court order that could properly redress CBD's alleged injuries. Despite this, the court appears prepared to find that CBD has standing to pursue their claims and move to the merits phase of litigation. At oral argument CBD's attorney acknowledged that ultimately they would like the district court to issue an order for the Forest Service to remediate the presence of spent lead ammunition in the forest; limit commercial hunters to use of non-traditional ammunition; and potentially issue a rule to prohibit the use of traditional ammunition for hunting in the forest.

We will update you once the court issues its opinion next year.

 

#GUNVOTE Reloads Often with News of Interest to You

To help gun owners register to vote and evaluate their candidates' positions on Second Amendment and sportsmen's issues, NSSF provides #GUNVOTE. This voter education site is updated several times a week with news of interest. Recently, we posted our first video of the 2016 campaign season, which has proven very popular.

Voting in the 2016 election is a process that culminates in going to your polling place. It begins by making sure to register, then becoming educated about the candidates running for office and discussing choices with family and friends so that they understand the importance of voting to protect America's firearms freedoms and the lawful commerce in firearms. So #GUNVOTE early and #GUNVOTE often.

 

Signing Up for NSSF PAC Made Easier for Member Companies

The NSSF Political Action Committee (NSSF PAC) works to support pro-firearms industry, pro-Second Amendment and pro-sportsmen candidates for federal office. Federal law requires a trade association PAC to obtain prior approval from its corporate members before it may send important PAC news and updates to corporate member's executives, including current political news, election information and exclusive invitations to PAC events.

Now, signing up for NSSF PAC has never been easier. Just click the link below, fill out the form, add contacts (or email us a list of names) and hit submit! What are you waiting for? Help ensure our industry is heard as we approach the crucial 2016 election year. Sign up today! Online PAC Prior Consent Form.

 

Thank You to Our Latest NSSF PAC Contributors

President's Club ($5,000): Anne Hodgdon

Caucus Club ($500 or more): William Kempffer

Congressional Club ($250 or more): Bill Dunn

Industry Club (up to $249): Bruce Bradley, Frank Flack, Joe Worsham

 

Learn more about our industry's Political Action Committee:

Editor's Note: There will be no issue of NSSF Government Relations Update next Friday due to the Thanksgiving holiday period.