nssf.org

May 8, 2015

Congressional Fly-In Gets
High Marks from Attendees

This year's NSSF Congressional Fly-In held last month was not only well-received by federal lawmakers, but also highly rated by our member company participants, according to survey results. The industry leaders that responded to our survey unanimously called the Fly-In good or excellent, with high marks given to the registration process (97% satisfied or very satisfied) and the logistics and organization for meetings (100% good or excellent). In terms of the issues discussed during the Fly-In meetings, respondents agreed the issues, including passage of the Bipartisan Sportsmen's Act and ending Operation Choke Point, were relevant and important to them. Looking ahead to another successful Fly-In next year, NSSF is appreciative that all of the survey respondents would recommend attending the Fly-In to their colleagues.

Be sure to mark your calendars for next year's Congressional Fly-In, on April 12-13, 2016.

 

Attorney General Loretta Lynch Testifies before Senate Committee

This week Attorney General Lynch testified before the Senate Appropriations Committee to justify the Department of Justice's FY2016 budget request. NSSF's Government Relations staff was there to cover the hearing and worked with allies on the committee to submit questions for the record on armor piercing ammunition and Operation Choke Point. We will report when the Department of Justice replies to those questions.

 

Unintentional Firearm Fatalities Decline, Stats Show

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In the home, only 1 percent of unintentional fatalities involve firearms. View larger graph. Source: NSC Injury Facts 2015 Edition

Anti-gun groups are attempting to bolster their latest push to demonize firearms by trying to equate unintentional (accidental) motor vehicle deaths with firearm-related deaths. This apples-to-oranges comparison is absurd, as this Breitbart column points out and as the latest statistics from the Center for Disease Control and Prevention and National Safety Council show, because it requires that the intentional misuse of firearms for homicide and suicide be included. As CDC and NSC report, there were more than 35,000 deaths by unintentional injury in 2013 involving motor vehicles compared to a total of 505 (CDC's number) among all age groups involving firearms. In NSC's Injury Facts 2015 report, firearms are no longer even listed among the top causes of unintentional deaths, which are led by poisoning (more than 38,000 in 2013), motor vehicles, falls, choking, drowning, fire and suffocation. For children under 14, motor vehicle crashes are the leading cause of fatality, with more than 1,401 children dying by this cause in 2011. According to NSC, accidental firearm fatalities declined by 18 percent from 2004 to 2013. Among all these statistics, here is one to keep handy: Firearms are involved in only 0.4 percent of all unintentional fatalities.

 

NSSF's Keane Responds to Senator's Dusted-Off Talking Points

The recent fatal shooting of a New York City Police Officer by a career criminal using a stolen revolver provided the opportunity for anti-gun U.S. Sen. Charles Schumer (D-N.Y.) to place blame on licensed retailers and again call for more laws that do nothing to stop criminal activity. NSSF Senior Vice President and General Counsel Larry Keane reminded the senator in Guns.com that the industry works to assist in the recovery of stolen firearms. "To aid law enforcement in recovering stolen firearms before they can fall into the wrong hands, NSSF has for many years matched ATF reward offers when firearms are stolen from a firearms retailer. Rather than exploiting the death of a police officer for political purposes, Senator Schumer should be asking why this career criminal was allowed back on the street in the first place."

 

Oregon Universal Background Check Bill Passes House

As expected, legislation to require background checks for private firearm sales this week passed in the Oregon House of Representatives on a 32-28 vote. SB 941, expanding background checks for many private firearms transfers, previously passed the state senate and is expected to be signed into law by Gov. Kate Brown. The bill does exempt background checks for the transfer of firearms by a law enforcement agency, private security, members of the military, between spouses, domestic partners or other immediate relatives, or resulting from a death. Retailers will be allowed to charge the service fee they deem necessary for completing a criminal history record check and the required ATF recordkeeping entries. The bill also grants retailers immunity from potential civil liability resulting from conducting the background check.

 

Indiana Governor Signs Bill to End Inactive Lawsuit

Indiana Governor Mike Pence this week signed into law a bill that will likely put an end to the 16-year lawsuit aimed at the firearms industry. The suit filed in 1999 but that has been dormant for the past six years seeks to hold industry members responsible for the criminal misuse of lawfully sold firearms. SEA 98 prohibits the filing of certain lawsuits against firearms manufacturers and retailers, and prevents persons from maintaining such lawsuits that are currently pending. On behalf of the industry, NSSF applauds the work of the bill's sponsors, state Sen. Jim Tomes and state Rep. Ben Smaltz, those who supported the bill in the Indiana House and Senate, and of course, Gov. Pence for signing this important piece of legislation into law.

 

Traditional Ammo Ban Fizzles in Vermont

On Wednesday morning, Jake McGuigan, NSSF Director of State Affairs, testified in front of the Vermont House of Representatives Fish, Wildlife and Water Resources Committee on H.460, which seeks to ban the use of traditional lead ammunition in hunting in the state. By the afternoon, after the floor House session, the Fish, Wildlife and Water Resources Committee reconvened and Chair David Deen announced that the bill will not be acted upon in 2015. However, it is expected that this bill will be back up during the 2016 session. Committee members expressed the need for more details, particularly Vermont-specific information, concerning lead ammunition toxicity issues in mammals, birds and humans.

 

Bill to Repeal California Traditional Ammo Ban

California Assembly Member James Gallagher recently withdrew a bill that would have repealed that state's recently adopted statewide ban on the use of traditional ammunition for hunting. AB 395 would reverse a law (AB 711) enacted by Gov. Jerry Brown in 2013. NSSF has consistently voiced concerns regarding the availability and supply of non-lead alternatives. Additionally, NSSF warned the Fish and Game Commission that such a ban would likely drive more than one-third of California's hunters to hunt less or stop hunting completely, therefore causing the state to lose millions of dollars in tax revenues, as well as a decrease in wildlife conservation funding.

 

Anti-Hunting HSUS Can't Escape Criticism (or Ridicule)

The Capitol South Metro station in Washington, D.C., through which many Congressional staff members and Capitol Hill reporters pass twice daily, this week was plastered with more than 40 inventive ads from the Humane Watch organization taking to task the self-serving hypocrisy and misleading fundraising tactics of the anti-hunting Humane Society of the United States (HSUS), with which NSSF often spars over issues of importance to American sportsmen. Also taking on HSUS this week is Barton James, who has nearly two decades of experience in conservation policy as a former congressional aide, political appointee and conservation advocate with Ducks Unlimited and the Land Trust Alliance. In an opinion piece for Fox News, Barton wrote, "Well-funded, politically active groups like the Humane Society of the United States use any means necessary to put an end to the traditions we cherish …"

 

Wisdom in Highland Park Ruling's Dissent

Some good news came out of last week's unfavorable ruling by the Seventh Circuit Court of Appeals in Friedman v. City of Highland Park. In a strong dissent, Judge Manion recognized "the right to self-defense is largely meaningless if it does not include the right to choose the most effective means of defending oneself." In examining the city's bans on modern sporting rifles with certain features and magazines capable of holding more than 10 rounds, Judge Manion used evidence from NSSF Director of Industry Research & Analysis Jim Curcuruto, who in an affidavit submitted when the case was before the district court, explained AR-type rifles are commonly used by law-abiding citizens. The majority's reasoning that the Highland Park ordinance is constitutional because it "may increase the public's sense of safety" cannot stand in light of the evidence and the framework for analyzing municipal firearms laws adopted by other courts of appeal following the Supreme Court's Heller decision. NSSF looks forward to submitting another amicus brief in support of the plaintiffs' anticipated petition to the U.S. Supreme Court to hear their appeal.

 

New York Loses in Suit Seeking SAFE Act Registration Numbers

Lawyer Paloma Capanna, who specializes in Second Amendment issues, has won her lawsuit against the State of New York seeking disclosure of how many so-called "assault-style" rifles have been registered under the SAFE Act. This law, hurriedly pushed through a compliant State Assembly by Gov. Andrew Cuomo in 2013, mandated that modern sporting rifles be registered with the State Police starting in April 2014. New sales of rifles with features such as pistol grips and flash suppressors were banned under the law. Despite inquiries from the press and public, New York State Police have never reported how many MSRs had been registered. Capanna successfully argued in court in Albany County that there was no reason the simple number of registrations should be kept secret. It is unclear if the state will appeal the trial court decision.

 

Excise Tax Obligations Second Highest on Record

The latest Firearms and Ammunition Excise Tax Collection report released by the Department of the Treasury indicates that firearm and ammunition manufacturers reported tax liabilities of $158.1 million in the 4th calendar quarter of 2014; down 25.9 percent over the same time period reported in 2013. Still, the 2014 annual total is the second highest on record, reflecting continuing historically strong firearms and ammunition sales. To view more third quarter data, log in to the member side of nssf.org.

 

Export Control Reform Finally Moving Forward

NSSF has learned that the Obama Administration plans to finally move forward with proposed rules to include firearms and ammunition in its Export Control Reform initiative. This positive change, which had been put on hold for two years, would move U.S. Munitions List (USML) Categories I, II and III to the Commerce Control List (CCL). Although the devil is in the details, the NSSF generally supports the Export Control Reform effort and the goal to modernize and streamline the antiquated regulations to help companies including those in our industry compete in an increasingly global marketplace. News of progress on export control reform comes on the heels of NSSF's recently concluded Congressional Fly-In where we called attention to this issue. The proposals are expected to move through the regulatory process beginning this summer and be finalized in roughly a year's time.

 

Multiple Families Afield Bills Advance to Governors

If signed into law, Montana and Colorado could become the 37th and 38th states to enact Families Afield legislation. The "Families Afield" program seeks to remove unnecessary legal barriers to hunting and create opportunities for adults to mentor those wishing to try hunting. Colorado SB 226 would allow hunters at least 10 years old to hunt under the supervision of an experienced adult hunter before having to complete a hunter education course. Additionally, HB 140 in Montana would allow hunters between the ages of 10 and 18 to hunt under the supervision of a licensed adult prior to taking a hunter education course.

 

Firearms Industry Compliance Conference May 11-13

The 2015 Firearms Industry Compliance Conference (FICC) to be held on May 11-13, 2015, in Orlando, Florida, is bringing together more than 30 speakers from organizations such as ATF, Remington Outdoor Company, Smith & Wesson, Sports Authority, Dunham's Sports, NSSF, Orchid Advisors and SAAMI. The conference is co-sponsored by Orchid Advisors and NSSF. 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.

ALERT - Fraudulent Hotel Scam: Be aware of third party organizations that may contact you to register for the 2015 FICC or hotel (ex: Exhibitors Housing Services is NOT an authorized service provider). You should book your reservations only through the Orchid Advisors' registration page. DO NOT GIVE THEM ANY INFORMATION. Contact mingram@orchidadvisors.com if you have any questions.

 

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