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June 23, 2014

Vol. 15 No. 24

Supreme Court 5-4 Decision Causes Confusion

DECISION DOES NOT MAKE GIFT PURCHASES ILLEGAL . . . The U.S. Supreme Court ruling in a case involving the arrest of a Virginia man who purchased a firearm for a relative from Pennsylvania that was upheld as an illegal "straw purchase" under federal law does not make it illegal for a consumer to purchase firearms as gift. However, because the ruling has caused confusion, NSSF has asked ATF to provide clarification. As soon as ATF responds, NSSF will provide the information to all FFLs. As expressly noted in the instructions on Form 4473 for Section 11.a. Actual Transferee/Buyer: For purposes of this form, you are the actual transferee/buyer if you are purchasing the firearm for yourself or otherwise acquiring the firearm for yourself (e.g., redeeming the firearm from pawn/retrieving it from consignment, firearm raffle winner). You are also the actual transferee/buyer if you are legitimately purchasing the firearm as a gift for a third party. Read the NSSF retailer communication.

Research

  • http://www.nssf.org/share/images/0314USITCImportGraph.pngNSSF RELEASES UPDATED MODERN TARGET SHOOTER REPORT. . . This 60-plus-page report consists of four years (2010-2013) worth of consumer demographics and purchase habits on a wide variety of target shooting products from firearms and ammunition to targets and cleaning kits. In addition to historical demographic and participation data, the report provides historical market share and average purchase price data for the top products in the target shooting segment.  The data is sourced from Southwick Associates ShooterSurvey.com online consumer panel. View Table of Contents. Members can login and download the report for $75. Non-members can order the report for $750.

  • USITC FIREARMS AND AMMUNITION DATA FOR APRIL 2014 . . . NSSF tracks and reports monthly U.S. import and export units for several sporting arms, ammunition and optics categories from the U.S. International Trade Commission. NSSF members can log in to see a complete breakdown of each category's April import and export data. NSSF members can access additional historical import and export data by logging in and clicking NSSF Industry Research.

Government Relations

  • http://nssf.org/share/images/Capitol_150.jpgMORE SENATORS SOUGHT AS BIPARTISAN SPORTSMEN’S ACT CO-SPONSORS . . . Although NSSF had received word late last week that the full U.S. Senate would be taking up the Bipartisan Sportsmen's Act, S. 2363, this week, it now appears that other matters have been put ahead of it by Senate leadership. NSSF continues to urge hunters, target shooters and outdoor trade business owners to get on the phone to ask your senators to co-sponsor our industry's top legislative priority. To protect your hunting and shooting heritage call 202-224-3121 and ask your senators to co-sponsor S.2363. You can also send emails to your senators. The most significant such package of legislation in a generation, S.2363, protects the use of traditional ammunition, allows more flexibility for federal funds to be used to build and maintain ranges on public lands and ensures access to federal lands for hunting, shooting and other outdoor activities. Anti-hunting and extremist environmental organizations are trying to derail this truly bipartisan effort, co-sponsored by more than 40 senators. Get NSSF's fact sheet on S.2363.

  • http://nssf.org/share/images/Capitol_150.jpgNSSF URGES CALLS TO INTERIOR SECRETARY TO REJECT ANTI-HUNTING GROUPS' PETITION . . . NSSF is urging hunters, sportsmen and target shooters to call Secretary of the Interior Sally Jewell to ask her to reject a petition filed with her department by the Humane Society of the United States (HSUS) and other anti-hunting groups demanding rules against hunting with traditional ammunition on public lands. It's another tactic we warned about previously straight out of the HSUS playbook. The 50 page-petition fails to make the case that the use of traditional ammunition is a threat to wildlife populations or to humans that would warrant such a drastic action. We must let the Department of the Interior know that requiring the use of alternative, non-lead ammunition, is nothing more than a back-door way to ban hunting by raising the price of participating in an American sporting tradition. Read the NSSF Grassroots Action Alert and call today.

  • HSUS EARNS ‘DONOR ADVISORY’ WARNING . . . Speaking of HSUS, in a press release, U.S. Sportsmen’s Alliance noted that Charity Navigator, the well-known evaluator of charities, downgraded its rating of the Humane Society of the United States and other animal-rights groups and flagged them with a “Donor Advisory” warning, meaning that “serious concerns have been raised about this charity which prevents the issuance of a star rating.” The downgrade comes after Feld Entertainment, Inc., which operates Ringling Brothers Circus, recovered $15.75 million in attorney fees from HSUS and codefendants Born Free USA/Animal Protection Institute, Fund for Animals, Animal Welfare Institute and the American Society for Prevention of Cruelty to Animals. By the way, USSA earns the highest rating, four stars, from Charity Navigator.

  • RHODE ISLAND LEGISLATURE PASSES FIXNICS IN SESSION’S FINAL HOURS . . . The Rhode Island General Assembly, in a final flurry of bills during the early morning hours on Friday, passed NSSF-advocated FixNICS legislation. The legislation would make Rhode Island compliant in the submission of mental health records to the National Instant Criminal Background Check System (NICS). Over the past year NSSF has testified before house and senate committees and also in front of a specially appointed task force on firearms and mental health. In testimony, NSSF Director, Government Relations, State Affairs Jake McGuigan stressed the importance to the industry that appropriate mental health records be submitted to NICS. Until this point, Rhode Island was not submitting any such records. Rhode Island was one of the priority target states in NSSF's nationwide FixNICS initiative. Once signed by the Governor, this legislation will take effect Jan. 1, 2015.

  • UPDATES FROM ATF-INDUSTRY MEETING . . . ATF met with several NSSF firearms manufacturer members last week to discuss current regulatory issues and developments. ATF announced a number of personnel changes. By July 12, ATF will name a second Deputy Assistant Director for Industry Operations in the Field Operations Directorate. Paul Brown, who is the supervisor of the Explosives Industry Branch, was named Acting Deputy Chief for the Firearms and Explosives Industry Division. Gary Taylor has been appointed Deputy Chief for the Firearms and Explosives Services Division. Chris Reeves, who is the Chief of the Federal Explosives Licensing Center, was named Acting NFA Chief. The new NFA Branch Chief, William Boyle, will be reporting for duty on July 27 from the Santa Ana, California, Area Office. Helen Koppe was named Firearms Industry Branch Chief. Marla Mason has been appointed the Deputy Chief of the Federal Firearms Licensing Center. Read the complete update.

For more Government Relations news, read NSSF's latest Government Relations Update.

Legal

  • COURT UPHOLDS SW BORDER MULTIPLE SALES REPORTING . . . The Federal Fifth Circuit Court of Appeals has upheld ATF's authority to require federal firearms licensees in the Southwest Border States to report multiple sales of certain semiautomatic rifles. The appellate decision stems from a lawsuit brought by an NSSF-backed retailer and another store owner arguing ATF overstepped the authority granted it by Congress when it issued its July 2011 demand letter mandating nearly 8,700 FFLs in Arizona, California, New Mexico and Texas to report sales information they were not otherwise required to keep. A district court denied the challenge and an appeal to the Fifth Circuit Court of Appeals followed. This was the last of two lawsuits supported by NSSF challenging the limits of ATF's 2011 demand letter. In NSSF's own lawsuit, NSSF v. Jones, it was also found that ATF did not abuse its authority.

Ranges

  • NEW FIVE STAR RANGE-RETAILER . . . Point Blank Sporting Goods in Pharr, Texas, is the latest shooting range and retailer member to achieve the coveted Five Stars in NSSF’s Five Star Rating Program. Exhibiting excellence in all aspects of its business, this 15,000 square-foot facility offers a variety of different products and services, including 14 firing lanes, seven archery lanes, two classrooms and more than 5,000 square feet of retail space. On Father’s Day, Point Blank had its most successful promotional event, offering free lane rentals, food and raffles for 1,200 people during what is typically a quiet month for business. Creative ideas like this are just one reason Point Blank Sporting Goods earned its NSSF’s highest rating.

Retailers

  • RETAILER OFFERS PRAISE FOR NSSF FFL COMPLIANCE CONSULTANT PROGRAM . . . We can’t guarantee a perfect inspection if you take advantage of this program, but working with our compliance team will give you all the tools necessary to get your retail location ready for the ATF. From Jeff Adamson of Wiebke Trading Co., "I would like to thank NSSF for all the work you do for the FFL holder! We have experienced firsthand the benefits of having a retired ATF employee of yours come to our shop and do a mock inspection. The inspection was VERY helpful and informative even though we have been in business for 27 years. Shortly after, we had an actual inspection and passed with flying colors! That was the most satisfying, relaxed, and confident we have been during an inspection due largely in part to NSSF and the compliance consultant who worked with us." Get more information about the Compliance Audit.

  • MORE QUESTIONS ANSWERED . . . Two more great questions off the NSSF Compliance Hotline for this week. One regarding the documentation that an active duty military personal need to provide to determine their state of residency and a question on what to do with all those 4473 forms if you’ve been in business over 20 years. Take a moment to make sure you know the correct answers to these and other questions posed, and share them with your staff.

  • content provided by
  • ORCHID ADVISORY: NAVIGATING TRICKY WATERS . . . Why can’t the law be more like a mechanical device such as a car or a gun? You know, simply made of tangible, interlocking parts that can easily be taken apart and put back together again? Well, we thought we'd take a moment to introduce some basic legalese to better ground your next discussion with State and Federal Regulators or even with your own legal counsel. You might be surprised to find that there is some logic to how the law is structured. Let's use the topic of "imported firearms" to serve as the guinea pig for our story. Read more. Orchid Advisors is an endorsed compliance information provider for NSSF members.

Shooting Industry Masters

  • FMG PARTNERS WITH GUNBROKER.COM FOR ONLINE AUCTION . . . FMG Publications has renewed its partnership with GunBroker.com for the 2014 Shooting Industry Masters online auction to raise funds for the NSSF First Shots program and the USA Shooting Team. The 12th annual Shooting Industry Masters, owned and operated by FMG Publications, will take place July 18-19, 2014, at the Indian River Shooting Range in Sebastian, Florida. Read press release.

  • 'HONORS FOR HAVA' GOLF EVENT AT MASTERS . . . This year's Shooting Industry Masters will feature a golf tournament as part of its fundraising efforts, which will take place Thursday, July 17, at the Indian River County Sandridge Golf Club. The “Honors for HAVA” golf tournament will benefit disabled combat veterans and will work to support HAVA’s mission, which is dedicated to supporting veterans’ healing through shooting sports. Read press release.

News of Note

  • PTR NOTES RELOCATION WITH SPECIAL-EDITION RIFLE . . . Commemorative-edition firearms are nothing new, of course. But PTR Industries will be taking this tradition in a new direction on June 30 when it unveils at its South Carolina facility a commemorative edition of its modern sporting rifle in honor of its relocation from Connecticut and in appreciation for the assistance that made the move possible from state and local officials of PTR's new home state. South Carolina Gov. Nikki Haley is expected to attend the event and will be presented one of the commemorative edition rifles. The company made national news in 2013 when it decided to leave Bristol, Connecticut, following the enactment of poorly conceived and ineffective gun control laws. PTR moved more than 50 jobs out of the state and set up shop in Aynor, S.C. Read what one newspaper business reporter wrote.

  • GOVERNOR LAUDS SCHOLASTIC SHOOTING PROGRAM . . . With a proclamation declaring shooting sports as “enriching the lives of young Hoosiers by instilling discipline and responsibility while also promoting liberty,” Indiana Governor Michael R. Pence welcomed the Scholastic Pistol Program to its first Indiana State Championship. Eight squads participated on June 15 at the Hoosier Hills Rifle and Pistol Club in Columbus. A total of $9,800 in endowment funds were awarded to the participating teams. Read press release.

  • OWAA BESTOWS HONORARY AWARDS . . . The Outdoor Writers Association of America honored five individuals with its most distinguished awards at its recent annual conference in McAllen, Texas. The honorees were Spencer Turner, J. Hammond Brown Award; Brent Frazee, Excellence in Craft Award; Kris Thoemke, Jade of Chiefs Award; Debbie Flanigan, Jackie Pfeiffer Award; and Colleen Miniuk-Sperry, Outstanding Board Member Award. Read the press release to learn more about the honorees and what the awards signify.

Jobs

  • FIREARMS INDUSTRY JOBS . . . Visit www.nssf.org/jobs for current employment opportunities in the shooting, hunting and outdoor industry. Employers: Log in to post a job opening.

NSSF's Mission

"To promote, protect and preserve hunting and the shooting sports. "

Click here to visit the NSSF website and see how we accomplish this mission.


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