nssf.org

April 8, 2016

Industry Execs in Washington Next Week
for NSSF Congressional Fly-In

Executives from the nation's firearms and ammunition manufacturers, distributors and leading retailers will be in Washington, D.C., and on Capitol Hill next week for the ninth annual NSSF Congressional Fly-In. Numerous meetings are booked with Members of both houses of Congress. Topics to be covered include the nearly $50 billion national economic impact of the firearms industry, the need to complete the administration's export control reform agenda, and providing adequate funding for the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) functions that support our industry and our ability to provide service to customers.

"We are committed to working on a bipartisan basis to help ensure that our member companies can continue to fully engage in lawful commerce and grow their businesses," explains Larry Keane, NSSF Senior Vice President and General Counsel. "Many of the members with whom we meet truly appreciate that the firearms and ammunition industry has been central to America's heritage of self-reliance, enjoyment of outdoor traditions and, in many key respects, our very freedoms."

 

Georgia Firearms Industry Protection Legislation Awaits Governor's Action

The National Shooting Sports Foundation worked hard to get the Georgia Firearms Industry Nondiscrimination Act (FIND Act) passed through the Georgia General Assembly. The FIND Act originally started as Senate Bill 282, but late in the legislative session was added to an omnibus pro-gun bill, House Bill 1060. HB 1060 passed both chambers and awaits action by Governor Nathan Deal. Those involved in the lawful commerce of firearms or related products are continuing to experience discrimination from financial service providers solely because a business is involved in our industry. See recent accounts in this story by The Daily Signal. Please contact Gov. Deal today and respectfully urge him to sign HB 1060 into law.

 

Hearing Postponed for Calif. Bill Requiring Firearm Sales Video Surveillance

A hearing before the California Assembly Committee on Public Safety on AB 2459, originally scheduled for this week, has been postponed to next week. AB 2459 would require firearms retailers to videotape all firearms sales and transfers and keep the video surveillance footage for five years. Additionally, the legislation would require retailers to obtain insurance to cover damages caused by a firearm or ammunition that is sold, transferred or even stolen from their place of business. Such insurance does not exist because insurance companies will not insure against the criminal misuse of a firearm, or any other product for that matter.

The requirements set forth in AB 2459 are unprecedented and cost-prohibitive. The legislation will do nothing to increase public safety, but will cause many firearms businesses to close their doors, which in reality is likely the author's intention. NSSF opposes this legislation and will continue to work to ensure this bill is not passed by the California Assembly.

 

NSSF Seeks to Intervene in Traditional Ammo Case

NSSF has filed a motion to intervene as a defendant in Center for Biological Diversity v. U.S. Forest Service, a case currently pending in Arizona federal district court. The plaintiffs are a number of anti-hunting groups that seek the regulation of traditional lead-component ammunition for hunting as a disposal of hazardous waste under the Resource Conservation and Recovery Act (RCRA).

These groups argue that the U.S. Forest Service is failing to stop the use of traditional lead ammunition for hunting, which they believe is a violation of RCRA, and call for an immediate prohibition on the use of this ammunition in the Kaibab National Forest. Although these plaintiffs claim to limit the scope of this lawsuit to Arizona's Kaibab National Forest, if the court were to rule in their favor, the resulting violation could conceivably extend to any land on which hunting and related recreational activities take place, regardless of ownership.

 

Missouri Supreme Court Rules in PLCAA Case

The Missouri Supreme Court has issued its opinion in the case of Delana v. CED Sales. The lawsuit was filed by the widow of a man who was killed by his daughter, who a jury later found not guilty by reason of insanity. A lower court decision had dismissed the plaintiff's lawsuit against the Missouri pawn shop that sold a firearm used by the purchaser to kill her father and this appeal resulted.

NSSF filed a friend of the court brief with the court last year to argue that the Protection of Lawful Commerce in Arms Act (PLCAA) preempts claims based on criminal or unlawful misuse, rather than the existence of a criminal conviction theory advanced by the plaintiff. The court adopted NSSF's position on this issue and further found the PLCAA to be constitutional. The court went on to find that Missouri law allows the plaintiff's negligent entrustment claim to go forward based on the facts presented because the pawn shop may have had reasonable concern to refuse the firearm sale. The case has been remanded to the trial court. Read the Guns.com article on the case.

 

NSSF/SAAMI Microstamping Appeal Briefing Concludes

Briefing has been concluded in the joint NSSF/SAAMI appeal challenging California's requirement that all semi-automatic pistols be equipped with dual-placement microstamping technology to comply with the state's Unsafe Handgun Act. NSSF filed its appeal with California's Fifth Appellate District last year after the trial court found the lawsuit to violate the separation of powers doctrine because it is based on the equitable maxim engrained in California law that the law never requires impossibilities.

NSSF and SAAMI argue that it is impossible to comply with the rigorous dual-placement microstamping requirements of the statute, which requires a microscopic array of characters identifying the pistol be etched or imprinted in two or more places of the internal working parts of a pistol that will transfer to a cartridge case when the firearm is fired.

On appeal, California now argues that compliance with the statute is possible and that manufacturers comply when they do not seek to manufacture, import or sell semi-automatic pistols that do not appear on the roster. The state's twisted logic ignores that it is the impossibility of compliance with the statute that matters, not the activity that the impossible compliance prevents. We will keep you updated as the appeal proceeds.

 

ATF Warns N.C. and S.C. FFLs of Burglaries

The Bureau of Alcohol Tobacco, Firearms and Explosives (ATF), Charlotte Field Division, has sent a letter to Federal Firearms Licensees (FFLs) in North Carolina and South Carolina to inform them of a series of recent burglaries in the region, advising retailers to be vigilant of suspicious individuals in their stores that may be checking for store vulnerabilities. This week, NSSF launched its new Security Audit Program available to NSSF members. Additional information can be found at www.nssf.org/retailers/SecurityAudit.

 

Best Practices for Firearm Serial Number Application

content provided by

Firearm Serial Number management is a necessary component of the industry's asset identification, tracking and tracing process. This week's Orchid Advisory post covers serial number "application," the second of the four main sub-processes involved in Serial Number Management (Reservation, Application, Recording and Tracking). Orchid Advisors is an endorsed compliance information provider for NSSF members.

 

Firearms Industry Compliance Conference May 2-4

The third annual Firearms Industry Compliance Conference (FICC), May 2-4 in Atlanta, features three learning tracks and timely discussions of how the regulatory environment has evolved over the past two years. Pre-conference sessions will be held May 2 to provide FFLs concentrated discussions on firearms industry technology and federal firearm regulations. Learn more about the conference here, view the agenda and register today. For sponsorship opportunities contact Chris Tatulli at ctatulli@nssf.org and (203) 426-1320 ext. 214.

 

#GUNVOTE in the New York and Upcoming Primaries

New York's presidential primary election for both Republicans and Democrats is April 19 and the results are considered to be pivotal for the parties' candidate selections. 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. Newly added are delegate counts for the three Republican and two Democratic candidates as the clock to the party conventions ticks down. #GUNVOTE also provides election news and breaking updates on Facebook and on Twitter (@GUNVOTE).

 

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): Robert Cicero, Patrick O'Malley, Joshua Waldron

Caucus Club ($500 or more): Joseph Bartozzi, R. Jacob Herman

Congressional Club ($250 or more): Shirley Steffen

Industry Club (up to $249): Noel Geray, William Napier

 

Learn more about our industry's Political Action Committee:

 

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