NSSF Responds to President's Executive Actions; But Little is Changing and the Public is Doubtful

With one year left in his last term, President Obama and his administration have embarked on the biggest gun control push of his presidency. This week, NSSF responded as the President held a television get-together with gun control organizations in the East Room of the White House to announce several executive orders, including one that made it appear ATF would expand the definition of what it means to be "engaged in the business." That event was followed by a New York Times op-ed essay and a Thursday night CNN town hall meeting hosted by Anderson Cooper.

It's a lot of soundbites and sometimes fury, but the public isn't buying it, according to a new Rasmussen poll in which only 21 percent of respondents believe the president's new executive order furthering federal oversight of gun sales will reduce mass shootings. To the contrary, 59 percent said additional oversight would not reduce these shootings, while 20 percent are not sure.

NSSF has responded to numerous media inquiries to provide the industry viewpoint and, just as importantly, been available to Members of Congress and their staffs to answer questions and provide information. With regard to "being engaged in the business," former ATF Director Michael Sullivan was quoted in today's New York Times saying, "I don't think you're going to see scores of individuals racing to ATF to be licensed as a dealer." The Tampa ATF Special Agent in Charge told the Sarasota Herald Tribune, at the joint NSSF-ATF event described in the article below, that "The statute says, 'engaged in the business.' And the law hasn't changed."

 

'Don't Lie for the Other Guy' Campaign in Tampa

NSSF Senior Vice President and General Counsel Larry Keane was joined by federal and regional law enforcement officers on Wednesday to launch the newest regional "Don't Lie for the Other Guy" public awareness campaign at a press conference held at the Bass Pro Shops in Tampa. Also speaking were Regina Lombardo, Special Agent in Charge, ATF Tampa Field Division, and Simon Gaugush, Assistant U.S. Attorney & Chief, Major Crimes Section, U.S. Attorney's Office for the Middle District of Florida.

"Don't Lie" is the longstanding retailer education and public awareness cooperative effort of the industry and ATF to help prevent illegal "straw" purchases of firearms. Through it, NSSF and ATF remind the public in the Tampa area that stiff penalties are in place for individuals convicted of such purchases. More than 11.2 million weekly media impressions are being delivered via billboards, 750 30-second radio spots will air weekly and 170 TV ads will run on cable television during the campaign. See one local TV news story.

Also in attendance at the event were Eric Ward, Chief, Tampa Police Department; Anthony Holloway, Chief, St. Petersburg Police Department; J.R. Burton, Colonel, Hillsborough County Sheriff's Office; and Major Richard Nalven, Major, Pinellas County Sheriff's Office.

 

NSSF Key Vote Helps Defeat Anti-Industry Amendment

A bipartisan majority in the U.S. House of Representatives today defeated an amendment that would have singled out the gun industry for class action lawsuits. The author of the amendment, Rep. Ted Deutch (D-Fla.), erroneously argued that the underlying bill would preclude victims from filing a class action lawsuit if they sustained differing injuries as a result of the same malfunction from a defective firearm.

The legislation would have done no such thing, and the Protection of Lawful Commerce in Arms Act specifically states that manufacturers are not immune from lawsuits because of a defective product. Simply put, this was a political exercise to further the false narrative that the firearms industry is entirely shielded from any lawsuit—an argument voiced by President Obama this week.

NSSF alerted members of the House of Representatives that because we were being singled out for adverse treatment, that we would consider this a "Key Vote" in our candidate scorecard. The amendment was handily defeated with a bipartisan majority voting in opposition.

 

N.J. Politicians Skirt Rules and Swap 'Smart Gun' Mandates

The New Jersey General Assembly Thursday held a hearing on smart gun legislation, ignoring its own rules regarding advance public notice. The Assembly committee held the hearing and then voted on a straight party line to replace its current failed state "Smart Gun" mandate with another one. The bill introduced by State Sen. Loretta Weinberg, sponsor of the original New Jersey mandate law, will repeal the original mandate and instead force firearms retailers to carry at least one model of an authorized-user technology equipped firearm in their inventory.

It is expected that the legislation will be voted on in the Assembly as early as Monday and then head to Gov. Chris Christie's desk for his action. Contrary to false claims made by some anti-gun groups, the firearms industry is not opposed to the development of this technology. Our industry is opposed to legislation that would either mandate the use of this technology as a one-size-fits-all solution or that would require it to be placed in stores by state law as if that would create demand for it.

Please contact your Assembly member and tell him or her that forcing retailers to carry a smart gun in their inventory is the wrong approach. If a market demand develops for smart guns, consumers will tell retailers that they want the product. Tell them that artificial markets cannot be created by state law and that responsible New Jersey gun owners know how to safely store their firearms when they are not in use.

 

N.H. House OKs Bill to Legalize Hunting with Suppressors

The New Hampshire House of Representatives this week gave its overwhelming approval to The Hunters Hearing Protection Act. House Bill 500, sponsored by State Rep. John Burt (R-39), would allow for the use of lawfully possessed firearm suppressors for hunting in New Hampshire. The ownership and possession of firearm suppressors is already legal in the Granite State, and currently, 37 states have legalized the use of firearm suppressors for hunting. The bill will now be transmitted to the New Hampshire Senate.

 

Missouri Legislator Proposes Tax Free Gun Sales Holiday

Missouri State Rep. Jered Taylor (R-139) has proposed HB 1901 to create a tax-free holiday for those purchasing firearms on the Saturday following the Fourth of July. Currently, three states have implemented similar tax-free holidays: Louisiana, Mississippi and South Carolina. NSSF strongly supports Second Amendment and sportsmen-related sales tax holidays as a way to encourage more law-abiding Americans to exercise their rights to keep and bear arms and to participate in hunting and the shooting sports.

 

Seattle Gun & Ammo Tax Ruling Appealed

NSSF, the NRA, Second Amendment Foundation and NSSF member plaintiffs this week filed a notice of appeal following a court ruling late last month upholding Seattle's Gun Violence Ordinance taxing firearms and ammunition sales. The judge found the ordinance to be a lawful exercise of Seattle's taxing authority not preempted by state statute. The ordinance took effect Jan. 1. One store has said it will move. We will provide updates as the appeal progresses.

 

Appeals Court Hears Interstate Handgun Transfer Ban Case

A panel of judges from the Fifth Circuit Court of Appeals heard oral argument this week in the case of Mance v. Lynch, which challenges the interstate handgun transfer ban. A Texas-based district court judge had found the interstate handgun transfer ban to be unconstitutional after two District of Columbia residents sought to purchase handguns while in Texas. Faced with the only option of having the Texas retailer ship their guns back to the District's only FFL and pay the $125 transfer fee, the couple brought suit. NSSF filed a friend of the court brief arguing that the sales ban impinges on the Second Amendment and is an unconstitutional interference. We will update you later this year when the court announces its ruling.

 

Appeals Court Finds ATF Wrong to Deny FFL

ATF suffered a rare loss last month before the 8th Circuit Court of Appeals in the case of Harris News Agency, Inc. v. Bowers. The plaintiff corporation, represented by Scott L. Braum & Associates, filed suit after it was denied a federal firearms license. The plaintiff's president and vice president are the wife and son of James Harris Sr., whose FFL was revoked after ATF found that a second son, Brian, was working as a gunsmith in the shop following a 1992 felony conviction.

Although James Harris Sr. and Brian had no role in the new corporation, the district court found the wife and son had allowed Brian to work with firearms and were liable for his illegal possession. The appellate court disagreed, finding ATF had no authority to deny the plaintiff's license. Under this ruling, a specific willful violation of federal firearms laws is required to justify the denial of a federal firearms license.

 

#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.

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): Michael Fifer, Travis Hall, J.B. Hodgdon, Steve Hornady, Tim Nolan

Cabinet Club ($2,500 or more): Steve Sanetti

Capitol Club ($1,000 or more): Dennis Veilleux

Caucus Club ($500 or more): Chris Dolnack, Marshall Lerner

Congressional Club ($250 or more): Joe Bartozzi, Andrea Cerwinske, Jim Curcuruto, Don Drysdale, Michael Halleron, Anne Hodgdon, Deb Kenney, Robert Power, George Trulock, Scott Volquartsen

Industry Club (up to $249): Scott Smith

 

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