nssf.org

March 24, 2016

Supreme Court Rejects Mass. High Court's
Stun Gun Reasoning

The U.S. Supreme Court has issued a stern warning to the Supreme Judicial Court of Massachusetts after that court misapplied the Heller and McDonald rulings in the case of Caetano v. Massachusetts to uphold a law prohibiting the possession of stun guns. In an unsigned order, the U.S. Supreme Court vacated the Massachusetts decision, which held the Second Amendment did not extend to stun guns because they were not in common use at the time of the Amendment's enactment, were unusual weapons because they were not in common use at the time of enactment, and had no use in the military.

All of these arguments were squarely rejected by the Supreme Court's Heller opinion, necessitating remand of the case to the Supreme Judicial Court of Massachusetts. Justice Alito, joined by Justice Thomas, wrote a lengthy concurring opinion in which he admonished the Massachusetts court for its "ill treatment of Heller" and argued that "the pertinent Second Amendment inquiry is whether stun guns are commonly possessed by law-abiding citizens for lawful purposes today." Although the Court has done its best to avoid substantive Second Amendment cases in the wake of Heller and McDonald, this brief order offers some hope that there is still support for those opinions among the current justices.

 

Indiana Appeals Court Green-Lights Retailer Suit

In a 2-1 opinion, the Indiana Court of Appeals has ruled that KS&E Sports v. Runnels, a lawsuit brought by an injured police officer against a firearms retailer can proceed. The injured officer alleges that the retailer negligently, recklessly and unlawfully sold a handgun to a man who was directed to make the purchase by a convicted felon who had picked out the handgun in the store. The man then sold the firearm to the convicted felon who — two months after the initial purchase — used the handgun to shoot the officer.

The court found that despite an Indiana PLCAA-style statute that limits the retailer's liability, the officer's complaint sufficiently alleges that the actions of the retailer proximately caused the harm he suffered as a result of the criminal misuse of the firearm sold by the retailer. A dissenting judge found the Indiana statute requires reversal of the trial court because the statute applies regardless of whether the firearm was sold lawfully or unlawfully. Read a legal site article on the case.

 

Appeals Court: NSSF, Others Lack Standing in Colorado Challenge

The 10th Circuit Court of Appeals has ruled that NSSF and its fellow plaintiffs lack standing to challenge two criminal statutes enacted by Colorado in 2013. The Colorado statutes prohibit the sale, possession, or transfer of firearm magazines capable of holding 16 rounds or more and expand the requirement for background checks to cover private sales and most temporary loans of guns exceeding 72 hours. In finding the plaintiffs lack standing, the 10th Circuit did not touch upon the merits of the case and entirely vacated a district court ruling that had found the Colorado laws did not violate either the Second or Fourteenth Amendments to the U.S. Constitution. Read more.

 

Women Buying Guns or "Who Are You Going to believe …"

The Trace is funded by Michael Bloomberg to spread gun-control messaging disguised as news reporting. But it's even worse than that because the propaganda work includes deliberate and continuing efforts to minimize the wide extent of support for firearms freedoms and the shooting sports, including the increasing numbers and diversity of new gun owners, especially women. Read Larry Keane's new blog post.

 

NSSF Congressional Fly-In April 12-13

The 2016 NSSF Congressional Fly-In will be held April 12-13. 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. Those eligible to attend are receiving information regarding registration and hotel information via email. You can also register now.

 

Iowa Suppressor Legalization Bill Heads to Governor

Last week we reported that the Iowa Senate had voted to approve HF 2279, also known as The Hearing Protection Act, and that the bill was headed back to the Iowa House of Representatives for a concurrence vote. The Iowa House voted earlier this week to approve amendments by the Senate and sent HF 2279 to Gov. Terry Branstad. NSSF expects Gov. Branstad to sign this bill into law making Iowa the 42nd state to legalize the ownership of suppressors and the 39th state to allow their use for hunting.

 

Georgia FIND Act Advances

The language for SB 282, the Georgia Firearms Industry Nondiscrimination Act, was placed in HB 1060, a bill that had already passed the Georgia House of Representatives. The Georgia Senate approved HB 1060 this week and sent this legislation back to the House for an "agree" or "disagree" vote to the changes the Senate had made. The legislature will adjourn sine die at midnight tonight.

 

Deer Hunting with Rifles Soon to be Legal in Indiana

Indiana Gov. Mike Pence signed into law this week House Enrolled Act 1231, legalizing the use of certain rifle calibers for deer hunting in Indiana. Supported by NSSF, HEA 1231 specifically would allow the use of rifles chambered in .243, .30-30, .300, .30-06 and .308 to be used during Indiana's firearms season on privately-owned property. NSSF supported this measure as it expanded hunting opportunities in the Hoosier State.

 

Penn. Committee Approves Families Afield Expansion

The Pennsylvania Senate Game and Fisheries Committee this week approved an amendment to HB 1452 that would expand the current Families Afield program in the state. Specifically, the language would allow a person 12 years of age or older to participate in the mentored hunting program. To combat a decline in the number of hunters across the nation, NSSF was part of a national effort in 2004 to recruit new hunters by expanding apprentice hunting opportunities throughout the country. The Families Afield program seeks to remove unnecessary legal barriers to hunting and create opportunities for adults to mentor those wishing to try hunting.

 

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 concentrated training sessions on firearms industry technology and federal firearms regulations.

Seating is limited for this conference and it will sell out, Learn more about the conference here and register today Limited sponsorship opportunities remain available so please contact Chris Tatulli, NSSF Director, Exhibit & Sponsorship Sales, for more information: ctatulli@nssf.org and (203) 426-1320 ext. 214.

 

#GUNVOTE in the Upcoming Primaries

Presidential primary elections and caucuses resume in April. As we get closer and closer to the party conventions, it is vital to inform yourself of the candidates' views on issues important to American sportsmen and gun owners. To help you evaluate candidates' positions on Second Amendment and sportsmen's issues, 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. Remember #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, including current political news, election information and exclusive invitations to PAC events and updates, to corporate member executives.

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

Capitol Club ($1,000 or more): Barry Bauer, James Boyce

 

Learn more about our industry's Political Action Committee:

 

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