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April 10, 2015 |
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House Financial Services Committee Leaders
In action strongly supported by NSSF, the chairman and subcommittee chairmen of the U.S. House Financial Services Committee this week called on four federal financial regulatory agencies to publicly disavow "past, present, and future involvement in Operation Choke Point or any similar operation." Letters were delivered to the heads of the Federal Reserve, Consumer Financial Protection Bureau, Office of the Comptroller of the Currency and National Credit Union Administration. Signing the letters were: Financial Services Committee Chairman Jeb Hensarling (R-Texas), Capital Markets and Government Sponsored Enterprises Subcommittee Chairman Scott Garrett (R-N.J.),Financial Institutions and Consumer Credit Subcommittee Chairman Randy Neugebauer (R-Tex.), Housing and Insurance Subcommittee Chairman Blaine Luetkemeyer (R-Mo.),Monetary Policy and Trade Subcommittee Chairman Bill Huizenga (R-Mich.) and Oversight and Investigations Subcommittee Chairman Sean Duffy (R-Wis.) The committee leadership also asked that the agencies take internal actions to ensure "deposit account terminations are based on sound reasoning and potential risk, not political motive." NSSF has been working with several members of Congress to end unfair and arbitrary discriminatory practices by financial services providers against firearms-related businesses.
President Obama Has Not Given Up on Gun Control, But … President Obama this week on the ABC "Good Morning America" program told interviewer Dr. Richard Besser that he hasn't given up on passing more gun control laws, "But the power of NRA and the gun lobby in Congress is formidable," Obama said. "And you know, we're going to keep chipping away at this, but until you get intense public demands for this, it's probably not going to happen because some special interests and lobbyists in Washington are really, really strong and their membership feels very intensely about the issue. Whereas the general public is concerned about it, but doesn't make it their top priority." Coincidentally, the Washington Times this week pointed out the how well the American firearms industry has been doing during the Obama administration, noting historically high consumer demand that sent production of guns soaring to more than 10.8 million manufactured in 2013 alone. Said NSSF Public Affairs Director Mike Bazinet, "The surge in firearms sales in 2013 reflects both a long-term upward trend in shooting sports participation and [a] particular concern that year that law-abiding gun owners and those interested in purchasing a firearm for the first time could face tougher restrictions affecting access to and selection of firearms."
'Don't Lie for the Other Guy' on Both Coasts
NSSF's national initiative to help deter illegal "straw" purchases of firearms is reminding the public in campaigns launched on both coasts that stiff penalties are in place for individuals convicted of such purchases. Billboard and transit shelter advertisements for the Don't Lie for the Other Guy program have been purchased by NSSF in the East San Francisco Bay region from Oakland to Richmond, joining the previously announced campaign in the Philadelphia-adjacent markets of Camden, New Jersey, and Wilmington, Delaware. In California, more than 11.3 million weekly media impressions will be delivered via outdoor advertising through the industry-funded, public-education program. In addition more than 900 30-second radio spots will air. The Philadelphia regional effort will generate approximately 4.8 million weekly media impressions through billboards joined by more than 600 radio spots. Developed over a decade ago, "Don't Lie" is a cooperative program between the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and NSSF. The program also helps ATF educate firearms dealers so they can be better prepared to deter potential straw purchases. See the California campaign press release.
Misleading Donors, Lying to Congress – Just Another Day for HSUS The average person can't be blamed for thinking that donations to the Humane Society of the United States (HSUS) mostly go to help fund local animal shelters. But the HSUS 2013 tax return reveals that a mere 1 percent of its $120 million budget went toward helping animal shelters. The other 99 percent of that budget was primarily spent on fundraising expenses or placed in offshore funds. It also turns out that the HSUS knows full well that most of its donors believe they're helping cats and dogs, not paying to advance an anti-hunting and anti-farming agenda. So what did the HSUS CEO say when asked about this state of affairs by a U.S. senator? Read NSSF Senior Vice President and General Counsel Larry Keane's blog.
NSSF Congressional Fly-In Preparatory Webinar Scheduled
Indiana House Committee Advances Bill to Encourage Industry Jobs The Indiana House Judiciary Committee has given its approval to a bill that would prohibit the filing of certain lawsuits against firearms manufacturers and retailers and would also prohibit persons from maintaining such lawsuits that are currently pending. Senate Bill 98, sponsored by State Sen. Jim Tomes (R-49) and State Rep. Ben Smaltz (R-52), was introduced to encourage the growth of the firearms industry in Indiana. The Indiana Senate passed the measure earlier this year and the bill also has the support of Gov. Mike Pence. The House of Representatives is expected to vote on SB 98 early next week. Read the Indianapolis Star news account.
California Fish & Game Commission Adopts Regulations Banning Traditional Ammo
NSSF Testifies Against Traditional Ammo Ban in Rhode Island Jake McGuigan, NSSF Director, Government Relations-State Affairs, testified at hearings over the past two weeks before the House Committee on Environment and Natural Resources as well as the Senate Judiciary Committee of the Rhode Island State Legislature against bills that would ban the use of traditional lead ammunition in hunting. HB 5669 and SB 504 would task the Department of Environmental Management with implementing rules to ban traditional ammunition in all hunting in the Ocean State by July 1, 2016. NSSF will continue to work to defeat the bill and will report on any developments.
Right to Hunt and Fish Measure Advances in Indiana An Indiana House committee reported favorably a measure to protect hunting and fishing in the Hoosier State earlier this week. Supported by NSSF in our ongoing mission to promote, protect and preserve hunting and the shooting sports, SJR 2 would guarantee Indiana sportsmen the right to hunt, fish and harvest wildlife while promoting management and wildlife conservation. If approved by the House of Representatives, the constitutional amendment will be placed on the 2016 ballot. Currently, 18 states have similar constitutional provisions protecting the right to hunt and fish.
Montana Legislature Poised to Allow Suppressors for Hunting
Iowa House Approves Bill to Legalize Suppressors—Again By a vote of 73-25, the Iowa House of Representatives once again passed a bill to legalize suppressors in the Hawkeye State. SF 427 came out of the Senate including only language that would approve lawfully owned and possessed suppressors, but during a House committee hearing, a number of amendments were added to benefit law-abiding gun owners, shooters and sportsmen. SF 427 will now go back to the Iowa Senate where it will await a vote. If passed, Iowa would become the 40th state to allow law-abiding citizens to own and possess firearm suppressors.
D.C. Drops Appeal to Focus on Defending CCW Permit System
Maine Court Dismisses HSUS Suit Against Wildlife Agency The Humane Society of the United States (HSUS) and its grassroots front group, Mainers for Fair Bear Hunting, suffered a major loss recently when a Maine Superior Court judge dismissed its lawsuit filed late last year against state wildlife regulators. In its suit, the HSUS-funded anti-hunting group sought to silence the Maine Department of Inland Fisheries and Wildlife from educating voters on the impact of a referendum that if passed would have banned bear baiting, hounding, and trapping in the state and would have had national repercussions. Maine voters for a second time rejected the referendum in November. The court found Maine citizens deserved to hear from the state's wildlife experts. Mainers for Fair Bear Hunting may appeal this defeat, but even if they do not, we are likely to hear more from the group and HSUS soon as they have vowed to place the same issue on the ballot for a third time in 2016.
Appeals Court Hears Oral Argument in Walmart AR Sales Case A federal appellate court this week heard oral argument in the case of Trinity Wall Street v. Wal-Mart. At issue is whether Wal-Mart improperly excluded from its 2014 proxy materials a proposal by the shareholder church to require Wal-Mart's board of directors to approve what are typically store-level management decisions as to products sold. In its legal challenge, the New York church specifically directs Wal-Mart to consider whether it wants to be, as characterized in court proceedings, "the low-cost provider of the AR-15 rifle," which it argues among other things "especially endanger[s] public safety." A lower court previously ruled against Wal-Mart, finding that the big-box retailer should have included the church's proposal in proxy materials even though Wal-Mart received approval from the Securities and Exchange Commission to exclude it. Although the proposal is unlikely to succeed even if included in the 2015 proxy materials, this case highlights the growing risk posed by activist shareholders who own few shares but attempt to use the proxy proposal process to force publicly held businesses to stop selling certain products or engaging in activities they do not like. Because Wal-Mart's 2015 annual meeting is quickly approaching we expect the court to rule on the case no later than April 15. Read a Washington Times account in which the NSSF's Larry Keane is quoted.
Repeal of Ballistics Imaging in Maryland Passes Committee NSSF's ongoing effort to repeal Maryland's ballistics imaging (IBIS) law received a victory this past week with SB 736 being voted out of the Judicial Proceedings Committee by a 9-2 vote. SB 736 would repeal the ballistics imaging law passed in 2000. The bill now moves to the Senate floor. One amendment included in the bill would allow the Maryland State Police to sell the brass casings it currently has in its possession. Maryland is the only state left with this requirement after NSSF successfully worked to repeal the law in New York in 2012. NSSF will continue to work toward repeal in Maryland even though time is running out in the session.
NSSF Opposes New Chemical Warning Labels in Calif. In California, NSSF joined others in the business community in opposing new chemical warning requirements proposed by the state's Office of Environmental Health Hazard Assessment (OEHHA). Under a set of regulations imposed by a 1986 ballot measure, Proposition 65, manufacturers of consumer products are required to include warning labels on products that may contain certain chemicals. As described in our NSSF comment letter and the coalition comment letter, the new proposal would exacerbate the ongoing problem of frivolous lawsuits filed against companies seeking to comply with the regulations.
ATF Report Shows Decline in FFL Thefts/Losses in 2014
ATF NFA Branch Releases Latest Processing Times Report ATF has reported NFA Branch processing times as of March 31, 2015. The report shows processing times for all forms unchanged from Dec. 31, 2014. See the ATF NFA Branch processing times report.
Speakers, Sponsors Announced for May Compliance Conference
Orchid Advisors and NSSF have announced keynote speakers and top sponsors for the 2015 Firearms Compliance Conference to be held on May 11-13, 2015 in Orlando, Florida. More than 30 speakers will be present from organizations such as ATF, Remington Outdoor Company, Smith & Wesson, Sports Authority, Dunham's Sports, NSSF, Orchid Advisors, and SAAMI. Discounted registration is available to all NSSF members. Register to attend. Highlights from last year's event can be found on the Orchid Advisors website.
Software Analytics Boost ATF Compliance, Business Profits
Software-based business analytics are being used to monitor transactions on a real-time basis, including but not limited to: firearm sales discounts, expense reimbursements and even electronic A&D book transactions. This week's Orchid Advisory provides real-life examples where industry leaders of all sizes are using technology to meet (or exceed) compliance expectations and drive business performance. Orchid Advisors is an endorsed compliance information provider for NSSF members.
Thank You to Our Latest NSSF PAC Contributors Capitol Club ($1,000 or more): Christopher Hodgdon
Learn more about our industry's Political Action Committee:
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The California Fish and Game Commission on Thursday adopted regulations that will ban the use of traditional ammunition for all hunting in the state. Once again, a representative for NSSF was at the Commission hearing to voice concerns regarding the availability and supply of non-lead alternatives. AB 711, signed into law in 2013, required the Commission to implement the traditional ammunition ban by July 1, 2019. While the implementation will involve multiple phases, beginning with the 2015 hunting season, hunters will be required to use non-lead ammunition for bighorn sheep and for all hunting taking place on California Department of Fish and Wildlife lands. Review the entire regulatory proposal 
A number of bills are making their way through the Montana Legislature to allow law-abiding sportsmen to use suppressors for the hunting of all game animals in the state. Current Montana law allows for legally possessed suppressors to be used only for varmint hunting. Both HB 250 and SB 295 would align Montana with the 34 other states that currently allow firearm suppressors to be used for the hunting all game species in the state. NSSF supports efforts to remove restrictions on the use of suppressors for hunting and to permit their use at shooting ranges. For more information on NSSF's position on the use of firearm suppressors, see our 
In the face of increasing Congressional attention, the District of Columbia's new attorney general announced that the city would voluntarily drop its pending appeal in the legal case that successfully forced the issuance of concealed firearm carry permits to focus on defending its very strict regulatory regime. Briefing in the case was to have begun later this month regarding the district court July 2014 ruling that the city's ban on the carrying of firearms outside of the home was a clear violation of the Second Amendment. The city has since enacted regulations under the guise of facilitating concealed carry in the district, but the requirement that an applicant provide "good reason" to obtain a carry permit is already being challenged in court. Defending the new burdensome regulations from further challenge will now be the focus. We are sure to see more movement on this issue in the coming months.
