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February 5, 2016 |
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U.S. Appeals Court Remands Decision The U.S. Court of Appeals for the Fourth Circuit Thursday overturned a federal district court decision that had upheld the 2013 State of Maryland Firearm Safety Act as constitutional under intermediate scrutiny review. The court vacated the district court's denial of the plaintiffs' claims and remanded the case to the lower court, ordering that it apply the appropriate strict standard of review. NSSF is one of the lead plaintiffs in this case. "We are greatly heartened by the Fourth Circuit panel's ruling today," said the NSSF's Larry Keane. "As this important case goes forward, NSSF will continue to work with our co-plaintiffs to ensure that our citizens' Second Amendment rights are protected and that the lawful commerce in firearms is restored in support of this constitutional protection." Read the NSSF press release. Read the court opinion.
House Passes Bill to Stem 'Operation Choke Point' Abuses
"… the first step has been taken to ensure that federal banking agencies and DOJ can no longer intimidate financial institutions from offering financial services to licensed, legally-operating businesses that have been targeted not because of potential wrongdoing, but because of personal and political motivation," Luetkemeyer, who was the recipient of the 2015 NSSF legislator of the year award, said after the measure passed. The Financial Institution Customer Protection Act provides that agencies such as the Federal Deposit Insurance Corporation and the Office of the Comptroller of the Currency cannot influence a financial institution to terminate a banking relationship unless the regulator has material reason. Read the Daily Signal report.
NSSF, 50 Groups Seek House Vote on SHARE Act NSSF has joined 50 sportsmen's groups representing millions of American sportsmen and hunters to urge Speaker of the House Paul Ryan the Majority Leader Kevin McCarthy to schedule HR 2406, the SHARE Act bipartisan sportsmen's legislative package, for floor time and an eventual vote. A NSSF legislative priority, the SHARE Act is the most comprehensive set of pro-hunting and related measures in a generation. It passed the House in the previous Congressional session, but was stalled procedurally in the U.S. Senate. Use this action alert or call the U.S. of Representatives at 202-224-3121, ask for your Representative and request they urge House leaders to schedule a floor vote on the SHARE Act.
U.S. House Panel Sets Hearing on Small Business and ECR The U.S. House of Representatives Committee on Small Business will hold a Feb. 11 hearing, "Export Control: Challenges for Small Business," beginning at 10 a.m. in Room 2360 of the Rayburn House Office Building. Testifying will be Kevin J. Wolf, Assistant Secretary of Commerce for Export Administration, Bureau of Industry and Security, and Brian Nilsson, Deputy Assistant Secretary for Defense Trade Controls, Bureau of Political-Military Affairs, Department of State. Most firearms companies are small and midsize enterprises. Many would like to export more but often are stymied by the overly restrictive regulations and the high fees for licensing and registration. At the 2016 SHOT Show, the Commerce Department's International Trade booth had three days of back-to-back meetings with small companies interested in exporting, which shows that the interest level is high, but the regulatory system is a barrier many of the small companies cannot overcome. NSSF is working to encourage the Obama administration to implement Export Control Reform to improve the industry's ability to compete in the global marketplace.
'Smart Gun' Survey Not All that Smart Itself
NSSF Urges High Court to Hear Case on Regulatory Deference NSSF this week filed a friend-of-the-court brief with the U.S. Supreme Court, urging the justices to take up a case that challenges the long-standing Supreme Court practice of according great deference to federal executive branch agencies' interpretation of their own regulations unless their additional guidance is plainly erroneous or inconsistent. For highly regulated firearms industry businesses to operate without fear of running afoul of the law requires consistent interpretation of the laws by regulators. In this case, the U.S. Department of Education had filed a friend-of-the-court brief with the Seventh Circuit Court of Appeals that raised for the first time the possibility that the defendant's long-standing practice, which had been regularly audited by the agency, could open them to suit by the plaintiff. It was only after the agency submitted this brief to the court that it circulated a "dear colleague" letter to the education industry alerting it to this changed interpretation. Supreme Court justices have recently expressed deep reservations about the legitimacy of this broad deference, which effectively insulates agencies from judicial review. NSSF is hopeful that the Court sees fit to revisit this important issue.
Cross Motions Filed in LEO Combat v. U.S. Dept. of State Parties to ongoing litigation in Colorado federal district court regarding the legality of the registration fees charged under the Arms Export Control Act (AECA) have filed cross motions to determine how and whether the case may proceed. The plaintiff, LEO Combat, alleges that it has a design for a "defense article" it wishes to manufacture, but has been deterred from registering due to the high annual fee it would be required to pay and failure to register may result in civil and criminal penalties. Under the AECA, even non-exporting manufacturers of "defense articles" such as LEO Combat, are required to register with the U.S. Department of State and pay an annual fee of $2,250, regardless of whether the manufacturer will actually export. The U.S. Department of Justice argues the plaintiff lacks standing to pursue the claims because they are merely hypothetical and even if standing exists, none of the constitutional claims raised in the complaint are legally sound. This issue of the high fee charged to non-exporting manufacturers of defense articles is one that NSSF has been closely following and we will continue to provide updates as litigation proceeds.
Iowa Bill to Legalize Suppressors Advances Out of Committee
Georgia Senate Panel to Consider Firearms Industry Protection Bill The NSSF-supported Firearms Industry Nondiscrimination Act was supposed to be heard by a Georgia senate committee this week, but that hearing was rescheduled for Feb. 9. Sponsored by state Sen. Jesse Stone, SB 282 would prohibit the discriminatory refusal to provide credit or financial services to those persons engaged in the lawful commerce of firearms or ammunition products. If your Georgia firearms business has been denied financial services solely because you're involved in the firearms industry, the NSSF needs to hear your story. Please contact Trevor Santos at tsantos@nssf.org or 202-220-1340 ext. 205.
Kansas House Committee OKs Right to Hunt and Fish Amendment
Pittman-Robertson Outlay May Outperform Alaska's Ability to Spend Recent record sales of firearms and ammunition have generated more Pittman-Robertson Act excise tax distribution to the Alaska Department of Fish and Game's Division of Wildlife Conservation than it may actually be able to spend, according to an Alaska Public Radio report. Pittman-Robertson is the 1937 federal law that levies an 11 percent tax on long guns and ammo and 10 percent tax on handguns and sends those funds back to the states for wildlife preservation and habitat acquisition. The billions of dollars generated are credited with bringing several species back from the brink of extinction.
California Eco-Politics Ascend Over Traditional Conservation Model
NSSF Congressional Fly-In, April 12-13 Due to a change in the Congressional session calendar, the dates for the 2016 NSSF Congressional Fly-In have moved from April 5-6 to April 12-13, 2016, in Washington, D.C. This is a great opportunity for leaders from NSSF Voting Member companies and supporting distributor and manufacturing member companies, as well as leading retailers, to meet with members of Congress. More details, including registration and hotel information, are coming soon.
Registration Opens for Firearms Industry Compliance Conference
Orchid Advisors and NSSF have announced that registration is now open for the third annual Firearms Industry Compliance Conference (FICC), to be held May 2-4 in Atlanta. The FICC program is composed of three learning tracks and will include timely and relevant discussions of how the regulatory environment has evolved over the past two years, especially including the 2016 Presidential Actions. Two pre-conference sessions will be held on May 2, prior to the official conference start, and will provide FFLs with a concentrated training session on firearms industry technology and federal firearm regulations. Seating is limited for this conference. It will sell out, so industry members are encouraged to register now. To learn more about the 2016 Firearms Industry Compliance Conference, click here. To register and reserve your seat, click here.
#GUNVOTE in the New Hampshire Primary Next Week
Become educated about the candidates running for office and discuss 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 Cabinet Club ($2,500 or more): Robert Steger Congressional Club ($250 or more): Chad Bisinger
Learn more about our industry's Political Action Committee:
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The U.S. House of Representatives this week passed HR 766, the Financial Institution Customer Protection Act, with 10 Democrats joining 240 Republicans to ensure 
Gun control advocates at the Johns Hopkins Bloomberg School of Public Health have garnered media attention for a survey that purports to show strong consumer demand for firearms equipped with authorized-user technology, so-called smart guns. What's not being reported by mainstream media is that the "study" published in the American Journal of Public Health is not actually a study, but an editorial piece that provides a brief overview of a flawed survey. NSSF does not oppose the development of smart gun technology. We do oppose legislative mandates that would force manufacturers to produce only such firearms. Read the new 
The Iowa State House Judiciary Committee this week gave its approval to HF 2043, passing the bill on an 18-3 vote. Introduced by State Rep. Matt Windschitl and supported by NSSF, 
The Kansas House Federal and State Affairs Committee this week gave its approval to HCR 5008. Supported by NSSF, the bill would guarantee Kansans the right to hunt and fish, thereby creating a permanent safeguard for future generations of sportsmen and for conservation in the state. Currently, 19 states have protected the right of the people to hunt and fish. For more information on which states have such protections see the 
Veteran California State Fish and Game Commission member Jim Kellogg, a strong voice for hunters and fishermen for more than a decade, has called it quits, frustrated by the increasing dominance of eco-politics over the traditional conservation model in setting hunting and fishing regulations. A lobbyist for the anti-hunting Humane Society of the United States (HSUS), an organization with which NSSF has often tangled in California and elsewhere, had to work hard to contain her apparent glee over Kellogg's departure when talking with a 
