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May 6, 2016 |
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Firearms Industry Compliance Conference
Three learning tracks were offered, as were two pre-conference workshops that provided in-depth discussions on compliance and technology. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) provided a number of breakout sessions throughout the conference, offering FFLs an opportunity to interact, ask questions and focus on proactive compliance. "We were very pleased to see the high level of interaction between the FFLs and the presenting speakers," said Larry Keane, NSSF Senior Vice President and General Counsel. "This keen focus on compliance by all parties clearly demonstrates that ours is an industry dedicated to doing the right thing both on an individual level and as it pertains to the industry at large. It is this dedication that will ensure our industry's ability to face the many challenges before us and come out ahead." "No other event provides FFLs the opportunity to hear from the industry leaders at Orchid and NSSF, the ATF, NICS and industry practitioners in one setting,” said Jon Rydberg, CEO of Orchid Advisors.
ATF Introduces New Rulings at NSSF-Orchid Industry Conference
Ruling 2016-1 supersedes 2013-5 and allows for cloud or remote server storage of records, with some substantial conditions. It also explicitly requires all bound books, such as repair or NFA records, to be in electronic form if records for firearms held for sale are in electronic form. Ruling 2016-2 supersedes 2008-3 and allows for electronic signatures, electronic migration of NICS data and electronic storage of pending Forms 4473. All of these changes come with some specific conditions that have to be met. Ruling 2016-3 involves manufacturers only and supersedes Ruling 2010-8. It clarifies how manufacturers should record changes in model, type, caliber, etc. in the bound books. See the NSSF’s detailed comments on ATF rulings.
Advance Notice of Proposed Rulemaking on Suppressor Marking ATF this week also issued an Advanced Notice of Proposed Rule Making seeking comment on whether it should publish a rule specifying where on a suppressor legally required markings should be placed. NSSF is studying the proposal and send ATF comments on the matter.
U.S. House Majority Whip Scalise Visits Lipsey's in Baton Rouge
U.S. Rep. Steve Scalise, who represents Louisiana’s 1st District and is also the House Majority Whip, the third highest leadership position in that chamber, visited Lipsey’s expansive Baton Rouge facility this week to meet with company executives and employees and to talk about issues of mutual concern. Lipsey’s is family owned and one of the nation’s largest firearms distributors. NSSF encourages member companies to invite elected federal, state and local officials to visit their facilities to acquaint them with the employment and economic benefits they bring to the region and to discuss issues related to the protection of lawful commerce in firearms. NSSF member companies that would like to invite a Member of Congress to visit and would like assistance in learning how do so, may email Patrick Rothwell, prothwell@nssf.org, or Mike Bazinet, mbazinet@nssf.org.
NSSF Congressional Fly-In Largest, Busiest to Date The annual NSSF Congressional Fly-In last month in Washington, D.C., brought to the nation's capital a record number of leaders from NSSF Voting Member companies, supporting manufacturing and distributing member companies and leading retailers. Industry members who participated described their meetings with members of both houses of Congress as highly productive with great interest expressed in the positive economic impact of the industry on the nation's economy and support for our legislative priorities like the Bipartisan Sportsmen's Act. Heather Bennett, Otis Technology, summed up her experience as, "I couldn't have asked for a better experience for my first Fly-In. Everything was done exceptionally well. Nice job by all." By the numbers, 97 percent of attendees responding to our anonymous survey said they would either absolutely or very likely recommend attending the Fly-In to their colleagues. Next year's Fly-In will take place April 4-5.
Keane talks to Radio Host Meghan McCain about Smart Guns
Judge Won't Delay Discovery in Conn. Court Case
NSSF Disappointed in Ga. Governor's Industry Protection Bill Veto Georgia Gov. Nathan Deal recently vetoed omnibus pro-gun legislation, House Bill 1060. This legislation would not have only expanded rights for law-abiding gun owners, but would have given firearms-related businesses protection again the type of discrimination from financial service providers experienced by many in our industry. As long as businesses involved in the lawful commerce of firearms, ammunition or related products continue to experience discrimination in the provision of financial services solely because they are in the firearms industry, NSSF will continue to fight for them. Unfortunately, with Gov. Deal's veto of HB 1060, this type of discrimination will be allowed to continue.
Delaware Sunday Hunting Moves Forward
NSSF Files Brief Defending Indiana PLCAA Statute NSSF has filed a friend of the court brief in the case of KS&E Sports v. Runnels, currently pending before the Indiana Supreme Court. NSSF argues, among other things, that the plain language of Indiana's state PLCAA statute reflects the legislature's intent of protecting all firearm manufacturers and sellers from the burden of litigating responsibility for harm caused when criminals misuse firearms. The Indiana Court of Appeals had effectively nullified the legislature's plain intention when it ruled that the statute permits downstream FFLs to be called into court to defend against allegations that their business activities contributed to the harm directly caused by the actions of criminals. This statute has also been under attack in the ongoing City of Gary litigation, in which the U.S. Department of Justice recently stepped in to defend the constitutionality of the federal PLCAA.
Illinois Retailers under Attack by Anti-Gun Legislators NSSF alerted Illinois FFL retailers this week that anti-gun legislators are considering legislation that will seriously impact their businesses. In the name of increasing public safety, legislators seek to mandate elaborate security standards and costly operating procedures. Legislators, community advocates and anti-gun groups publicly announced the Illinois Gun Violence Prevention Coalition and the Gun Dealer Licensing Act. This legislation will, among other things, seek background checks for the employees of retailers (even though a FOID card is already necessary for employment); mandated training and education for retailers and employee; and mandated storage methods for guns at retailers ignoring business-specific concerns. NSSF will keep all Illinois members updated as the process moves forward in the coming weeks.
California Lt. Gov. Pushed Anti-Gun Ballot Initiative
Vermont House Passes Fish and Wildlife Bill On Monday, the Vermont House of Representatives passed legislation sponsored by the Fish and Wildlife Department that included two very important sections for industry members. H.570 includes a provision to permanently allow suppressor possession and use, correcting a sunset provision that was in last year's legislation. Second, many ranges and sportsmen's clubs in the state have come under attack, and H.570 includes provisions to protect these shooting areas when dealing with safety and lead abatement. H.570 will now head to Gov. Shumlin's desk, and he is expected to sign the bill into law. NSSF would like to thank all Vermont sportsmen for their efforts during this legislative session
California 'Assault Weapons' Expansion Bill Looms A number of bills threatening the firearms industry are still alive in California. SB 880, legislation that would further expand California's definition of "assault weapon" to include most semi-automatic firearms that are capable of accepting a detachable magazine, was scheduled for a hearing in the Senate Appropriations Committee this week, but its consideration was postponed by the committee. NSSF stands opposed to SB 880 and will continue to work to defeat this misguided bill.
Oregon Legislator Hosts Listening Session for a Few FFLs Oregon State Rep. Paul Evans, a Democrat, hosted a "listening" session this week to allow a limited number of FFLs to ask questions of the ATF and Oregon State Police (OSP) relating to the background checks system in Oregon. An NSSF representative was in attendance along with a limited number of other attendees. The hearing was informational and issues were discussed with OSP representatives, who were able to explain improvements currently being made to the system. The hiring of new OSP employees to work on background checks should help to alleviate some of the current problems. NSSF will continue to monitor the situation and work to make sure Oregon FFLs can efficiently conduct business.
Seattle Responds to Appellate Challenge to Gun, Ammo Tax The City of Seattle has filed its response to NSSF and other pro-Second Amendment organizations' opening brief in the appeal stemming from our challenge to Seattle's so-called "Gun Violence Tax," which imposes a tax on all firearms and ammunition sold within the city. In its brief, Seattle argues that the ordinance imposes an excise tax, which is a lawful exercise of the city's taxing authority and does not violate Washington State's firearms preemption statute. Seattle further asserts that the funds raised by the excise tax will be used for research into the causes of gun violence and public education programs, putting it beyond the reach of plaintiffs' alternative argument that the excise tax is merely a disguised regulation. NSSF will continue to keep you apprised as the appeal moves forward.
Registration Now Open for 2016 Import/Export Conference
#GUNVOTE Go-To Source Throughout This Election Year
Order #GUNVOTE Stickers — Help Spread the Word! Show your support and order #GUNVOTE stickers. Display them on your vehicles, in your office, at events and anywhere else you see fit to get the word out. There is too much at stake this election year not to be 100 percent committed. Some races could determine whether more anti-gun laws are in our future and whether your rights will be infringed. Don't risk your rights. #GUNVOTE. If you are an NSSF Member, please order from the NSSF Member shopping cart to receive a member discount. Stickers are priced $1 each and a minimum order of 15 stickers is required.
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 Industry Club (up to $250): Sal Gilbertie
Learn more about our industrys Political Action Committee:
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NSSF Senior Vice President and General Counsel Larry Keane was a guest on the nationally syndicated America Now with Meghan McCain program this week. The topic was authorized-user technology "smart guns" and the Obama administration's recent executive actions to potentially involve law enforcement and the Department of Defense in the acquisition of firearms equipped with this nascent technology. 
A Connecticut Superior Court Judge has 
The Delaware House Committee on Agriculture this week held a hearing to discuss and approve House Substitute 1 for House Bill 289, legislation that would repeal the ban on Sunday hunting for deer. HB 289 will allow for the Sunday hunting of deer on both private and public lands. NSSF is urging all retailers, sportsmen and gun-owners to 
Lt. Gov. Gavin Newsom said this week that 600,000 signatures had been received for his anti-gun "Safety for All" initiative and announced it would qualify for the November ballot. This measure look to make California's already restrictive gun laws even more so by requiring background checks on ammunition purchases, something New York tried a few years ago but dropped because it would have cost the taxpayers $100 million. Additionally, Newsom's initiative would call for the confiscation of legally possessed magazines capable of holding more than 10 rounds. Newsom's initiative isn't about public safety. It is about his run for governor in 2018.
