nssf.org

February 12, 2016

Firearms Industry Honors U.S. Rep. Culberson
as 2015 Legislator of the Year

NSSF this week announced it is honoring U.S. Rep. John A. Culberson (R-Texas) as NSSF's 2015 Legislator of the Year. The award will be presented at the dinner during the firearms industry's annual Congressional Fly-In in Washington, D.C. Culberson played a pivotal leadership role in convincing senior management of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) to forestall the effort to introduce a new regulatory framework that would have banned the manufacturing and sale of 5.56mm M855 "green tip" ammunition widely used for target shooting and hunting.

"We are pleased to recognize Congressman Culberson for his outstanding leadership in the U. S. House of Representatives and on the appropriations subcommittee he chairs in resolving the troublesome "green-tip" ammunition matter and are honored to present him with the 2015 NSSF's Legislator of the Year Award," said Lawrence G. Keane, NSSF Senior Vice President and General Counsel. Read the NSSF press release.

 

Administration Promises Progress on ECR at Hearing

The U.S. House of Representatives Small Business Committee held a hearing Thursday on the Export Control Reform (ECR) initiative, with testimony from the State Department's Deputy Assistant Secretary for Defense Trade Controls (DDTC) Brian Nilsson and the Commerce Department's Assistant Secretary of Commerce for Export Administration Kevin Wolf, who runs the Bureau of Industry and Security (BIS).

Significantly, in answers to questions from Rep. Tim Huelskamp (R-Kan.) both officials indicated that the administration still expects to publish the dual proposed rules to transfer export licensing jurisdiction for our industry's products (USML Categories I – III) to BIS from DDTC before the end of the year. Their full testimony is available here. Video of the full hearing is available here.

The testimony echoes what the State Department said in a recent letter in response to letters 22 members of Congress sent last year at NSSF's request seeking to know when our industry categories would move to DDTC as part of ECR. NSSF continues to pressure the administration on multiple fronts to include our industry in the ongoing reform initiative. Read the Daily Signal coverage.

 

ATF Lost or Stolen in Transit Regulations Now in Effect

The new ATF regulations covering the mandatory reporting within 48 hours of the discovery of firearms lost or stolen in transit are now in effect. ATF has guidance on its website detailing the procedures to follow when reporting a lost or stolen firearm, which NSSF anticipates will be updated in the near future to reflect the new regulations. NSSF has learned that ATF will not be updating Form 3310.11 so all FFLs should continue to use the existing version of the Form 3310.6 to report thefts and losses from inventory. All FFLs should make sure their shipping departments are aware of the new regulatory requirements and know the proper internal procedures to follow once they learn a firearm is missing or was stolen while in transit. We further recommend that you contact ATF for guidance on how to make proper entries in your Acquisition and Distribution (A&D) record since it is counterintuitive that you are "acquiring" a firearm as part of your "inventory" that you do not actually have possess, custody or control over because it was lost or stolen in transit after it left your inventory and you likely recorded it as a "disposition."

 

Georgia Firearms Industry Protection Bill Advances

Georgia Senate Bill 282, also known as the Georgia Firearms Industry Nondiscrimination Act, was considered in the Georgia Senate Banking and Financial Institutions Committee this week. A representative from NSSF, along with two Georgia firearms retailers, attended the hearing to testify in support of SB 282. The bill was ultimately approved by the committee. SB 282 will now head to the Senate Rules Committee, where it could be considered as early as next week. For more information on this NSSF-supported initiative, see our FIND Act fact sheet.

 

Supreme Court Appeal filed on Conn. Gun Laws

The Connecticut Citizens Defense League and other plaintiffs have filed an appeal to the U.S. Supreme Court in the Shew v Malloy case. The appeal challenges part of Public Act 13-3 (An Act Concerning Gun Violence Prevention and Children's Safety) that was enacted in 2013 by the Connecticut General Assembly. The plaintiffs are challenging the ban on modern sporting rifles that look similar to assault rifles, but operate only as semi-automatics. The appeal capitalizes on the U.S. Circuit Court split created by last week's opinion from the Fourth Circuit Court of Appeals that applied strict scrutiny in the case of Kolbe v. Hogan. NSSF will continue to keep you informed of developments in both of these cases.

 

California Assemblyman Says No to "No Fly List"

While legislators in a number of states have introduced bills to prohibit those on the "no fly list" from purchasing firearms, Democratic California Assemblyman Mike Gatto took it upon himself to study the issue prior to introducing legislation in a knee-jerk reaction. NSSF provided Gatto with our fact sheet, which outlines why NSSF opposes efforts to ban those on a "no-fly" or "terrorist watchlist" from purchasing firearms. On Thursday Gatto tweeted, "After conferring with respected constitutional scholars (right & left), I have decided not to carry a bill on involving No-Fly List in gun purchases." Even the California ACLU applauded the assemblyman for respecting our constitutional rights and not introducing the legislation.

 

Michigan Commission OKs Hunting with Suppressors

With the approval of Wildlife Conservation Order Amendment No. 1 of 2016 by the Natural Resources Commission, Michigan now becomes the 38th state to allow the use of suppressors for all lawful hunting in the state. The proposal, championed by the American Suppressor Association and the National Rifle Association, received support from NSSF and a number of other sportsmen's organizations.

 

Wisconsin Legislator Introduces Microstamping Again

An anti-gun legislator from Milwaukee is again seeking passage of microstamping legislation that would result in a firearms ban in Wisconsin. The bill's sponsor, Democrat State Rep. Leon D. Young, continues his quest from previous legislative sessions for a legal mandate of this patented, sole-sourced concept that independent studies have found to be flawed and easily defeated by criminals. While there is no indication of widespread support for Young's bill, the last thing Wisconsin needs is a failed concept that would burden taxpayers, force manufacturing jobs out of the state and impact only law-abiding firearms owners and retailers.

 

Bloomberg None Too Happy With Gov. McAuliffe

Former New York City mayor Michael Bloomberg apparently wants his gun-control political allies to see things his way all the time — or else. So when Virginia Gov. Terry McAuliffe changed direction and decided to work with the majority party in the commonwealth's General Assembly on legislation intended to enhance public safety but without the punitive measures against law-abiding gun owners that Bloomberg advocated, retaliation ensued. Read Larry Keane's new blog post.

 

9th Circuit Hears Oral Argument in First Amendment Case

The 9th Circuit Court of Appeals this week heard oral argument in the case of Tracy Rifle and Pistol v. Harris, which challenges on First Amendment grounds a California statute prohibiting the display of advertisements depicting an image of a handgun visible from outside a building. The case was before the court after a district court judge denied Tracy Rifle a preliminary injunction despite finding there to be a likelihood of ultimate success on the merits.

In court, Tracy Rifle argued that California's ban is based solely on a highly speculative inference that seeing the advertisements will trigger impulse purchases and ultimately lead to violence. The judges questioned whether California's 10-day waiting period does not render the government's argument meaningless since it would presumably allow for a cooling off period if such an impulse purchase were to occur. The state countered with two studies that purport to show the threat of violence comes not from an impulse purchase, but rather from the purchase of a handgun in general. We will update you once the court issues its opinion.

 

3-D Printed Gun Case Moves Forward

The U.S. Department of State has filed its response brief with the 5th Circuit Court of Appeals in the suit brought by Defense Distributed, which challenges the controls the department placed on the export of computer data files that would enable anyone with a 3-D printer to potentially produce an operable firearm.

In its filing, the department argues that a license is necessary because 3-D printers are available worldwide, and because the publication of the computer data files at issue would be tantamount to dissemination of the firearms themselves. The department asserts that the Arms Export Control Act confers it with great discretion to identify items, such as the "technical data" contained in the computer data files, that require a license to export and that it therefore acted within its authority to order the removal of Defense Distributed's computer files from the Internet. Additional briefing in this case is expected.

 

Small Iowa College Stands Up for its Shooting Team

Let's hear three cheers for Simpson College. In a time of rampant political correctness on our campuses and with anti-gun politicians seizing any opportunity they can find both to stigmatize those who enjoy the shooting sports and to vilify the firearms industry, this small liberal arts institution deserves a lot of credit. Simpson's Board of Trustees stood up for its collegiate shooters, listening to the vast majority of its student population who backed the team and rejected the political pressure of a former Iowa governor and college benefactor. Read the Des Moines Register story.

 

NSSF Congressional Fly-In, April 12-13

The 2016 NSSF Congressional Fly-In will be held April 12-13, 2016. The change in dates was necessitated by a change in the Congressional calendar. Every year, the Fly-In provides an outstanding 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 will be shared in the near future.

 

Firearms Industry Compliance Conference, May 2-4

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 features 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. Limited sponsorship opportunities remain available so please contact Chris Tatulli, NSSF Director, Exhibit & Sponsorship Sales, for more information: ctatulli@nssf.org and (203) 426-1320x214.

 

#GUNVOTE in the South Carolina Primaries, Feb. 20 & 27

South Carolina primary elections to select delegates who will pick the Republican and Democratic Presidential candidates are Feb. 20 and 27, respectively. The first primary elections in the South, Palmetto State results are closely watched for the candidates' ability to appeal to a diverse electorate. To help gun owners evaluate their candidates' positions on Second Amendment and sportsmen's issues in the South Carolina primaries and all those to come, NSSF provides #GUNVOTE. This voter education site is updated many times a week with news of interest. #GUNVOTE also provides election news and breaking updates on Facebook and on Twitter (@GUNVOTE).

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): Bill Kempffer

Congressional Club ($250 or more): John Smith

Industry Club (up to $249): Charles Davis, John Keirnan

 

Learn more about our industry's Political Action Committee:

 

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