nssf.org

May 9, 2014

Larry Keane Recognized as one of Nation's Top Lobbyists

CEO Update, a Washington, D.C. based publication written for the executive management of associations and non-profits, has named NSSF Senior Vice President and General Counsel Larry Keane as one of the 2014 top lobbyists for his leadership of the industry's government relations and advocacy efforts in Washington and the state capitals. According to CEO Update, "Working alone or as part of a coalition, top lobbyists formulate clear policy arguments backed by a consensus of the groups members, forcefully articulate fundamental points, provide key information to lawmakers, inspire trust in those they seek to influence and never stop fostering the network and contacts arrayed round the playing fields of power." The publication made note of Keane's "calm, reasonable voice for an industry often caught in a passionate debate. Said Keane, "Though I received the recognition I view it as a Team NSSF award."

Oklahoma and Hawaii FixNICS Bills Head to Governors' Desks

As state legislative sessions are slowly drawing to an end, NSSF is pleased to note two more significant successes with the passage of FixNICS legislation in both Oklahoma and Hawaii. In both states, the legislation soon will be signed into law by the governors and will help ensure reporting of all appropriate criminal and adjudicated mental health records to the National Instant Criminal Background Check System (NICS), while also making certain that a process in in place for restoration of rights. Oklahoma and Hawaii have both been priority states in NSSF's nationwide FixNICS initiative from its inception in 2013. These latest successes follow passage of similar FixNICS legislation in the last month in Alaska, South Dakota and Nebraska.

House Panel Approves Justice Department Appropriations Bill and highlights wait times at ATF

On Thursday, the U.S. House of Representatives Appropriations Committee marked up and favorably reported the FY15 Commerce, Justice, Science Appropriations Bill to the floor. Language addressing the backlogs at ATF, and the "e-Forms" website, one of the industry's top priorities discussed during the 2014 Fly In, was included in the committee report that accompanied the bill. During the markup, the committee defeated two amendments opposed by NSSF; one of which would have rescinded a permanent policy rider prohibiting the ATF from requiring all FFLs to conduct an annual physical inventory, and the other would have required all employees of FFLs that may have handled firearms or ammunition to pass a background check certified by the Attorney General. Additionally, the committee approved an amendment prohibiting the ATF from spending any money to require FFLs in the the four southwest border states to report the sale of multiple semi-automatic rifles to the same individual within a 5- day period. Read the letters from NSSF to the committee.

NSSF Files Friend of Court Brief Backing Suit against N.Y. SAFE Act

The National Shooting Sports Foundation this week filed a friend-of-the-court brief with the federal Second Circuit Court of Appeals supporting the lawsuit challenging New York State's categorical ban on modern sporting rifles and standard capacity ammunition magazines used by responsible, law-abiding citizens every day for lawful purposes.

A federal trial court in April upheld these two extreme gun-control provisions and other vague portions of the New York SAFE Act as constitutional. NSSF's federally licensed manufacturer, distributor, and retailer members provide the lawful commerce in commonly owned semiautomatic firearms and magazines that the U.S. Supreme Court found to be protected by the Second Amendment. NSSF contends the SAFE Act clearly infringes on the rights of New York gun owners to possess these banned items and New York retailers right to sell them. Furthermore, the Act is replete with unconstitutionally vague language that forces industry members to guess what conduct is permissible at the risk of losing their businesses and livelihoods and being criminally prosecuted for unintentional violations.

Concerned about the dangerous precedent-setting effects of the trial court's decision and the negative implications that New York's gun laws will have on Second Amendment rights nationally, 22 states have joined together in their own amicus brief challenging the constitutionality of the NY SAFE Act. See all the briefs filed to date in New York State Rifle and Pistol Association et al. v. Cuomo et al.

Microstamping Suit Oral Arguments Postponed

A Fresno, California, Superior Court judge this week postponed until May 14 oral arguments in the lawsuit brought by the National Shooting Sports Foundation (NSSF) and the Sporting Arms and Ammunition Manufacturers' Institute (SAAMI) against the State of California to prevent enforcement of the state's microstamping statute. The state statute being challenged was enacted in 2007, but not made effective until May 2013, requires that all semiautomatic handguns sold in the state not already on the California approved handgun roster incorporate unproven and unreliable microstamping technology.

"There is no existing microstamping technology that meets the requirement of this ill-considered law. It is not technologically possible to micro engrave two locations in the gun so that required information imprints onto the cartridge casing. It is not even possible to consistently and legibly imprint on the cartridge primer the required identifying information from the tip of the firing pin, the only conceivable location for such micro-laser engraving," said Lawrence G. Keane, NSSF senior vice president and general counsel. Read the NSSF press release.

Pleasant Hill, Calif. Planning Board Won't Change Zoning Ordinance

The Pleasant Hill, California, Planning Commission Tuesday night in a unanimous decision refused to change local zoning rules to support the City Council's approval of an ordinance placing restriction on the location of firearms retailers within city limits. The City Council had approved the ordinance bypassing the normal process that would have first involved the Planning Commission. About 60 citizens attended the Planning Commission meeting, which was re-opened for public comment, nearly all of whom opposed to the new ordinance. NSSF has filed suit to overturn the ordinance. Tuesday's action by the Planning Commission does not help the city's case.

Supreme Court Ducks on N.J. Concealed Carry Case

The U.S. Supreme Court's decision not to review the Drake case this week only furthers the bitter ongoing legal divide over whether New Jersey and states with similar handgun permitting schemes can require individuals to first show "good cause" or "justifiable need" before they can exercise their fundamental Second Amendment rights to own a handgun for self-protection in public.

The plaintiff in the case is the owner of an ATM business who applied for a handgun permit to defend himself in public, but was denied on the grounds that he did not have an "urgent necessity for self-protection." The Third Circuit Court of Appeals later denied Drake's constitutional challenge to New Jersey's permitting requirement, finding the highly restrictive law presumptively lawful.

By its decision, the Third Circuit joined the growing list of federal appellate courts, and state courts of last resort, that remain split on the question of whether the Second Amendment secures a right to carry handguns outside the home for self-defense. It was hoped that the Supreme Court would have taken the case to once and for all resolve this issue. The Supreme Court has not taken a gun case since the Heller and McDonald decisions

New Jersey Anti-gun Lawmakers Push Through Magazine Capacity Bill

As we first reported in February, Anti-gun legislators in both houses of the New Jersey State legislature struck a deal that would allow passage of a measure that would restrict the capacity of ammunition magazines. The state Senate's Law and Public Safety Committee on Monday voted 3-2 along party lines to approve the legislation (A2006), which lowers the legal capacity from 15 to 10 rounds. Senate President Steve Sweeney, who has been supportive of the industry and gun owners' rights, gave in to political pressure from higher powers as the Democrats in the state (and nationally) want to force Gov. Chris Christie to veto the bill. NSSF will continue to battle this legislation.

Vote Yes on May 13 for Sunday Hunting in West Virginia Counties

Following success in Virginia, NSSF shifted its focus to try to remove Sunday hunting prohibitions in West Virginia.  On May 13, voters in seven of the state's counties have the opportunity to overturn the prohibition on Sunday hunting on private land in seven.  The ballot initiative is before voters in the following counties: Braxton, Calhoun, Gilmer, Lewis, Nicholas, Webster and Wirt.  NSSF urges all sportsmen who live in these counties to get involved and vote to allow Sunday hunting on private land.  The "Sunday Hunting in WV" Facebook page is the first stop to get updates and offer volunteer assistance for the election.  Please remember to vote on May 13.

NSSF Taps Virginia Sunday Hunting Champion as Sportsman of the Year

More than four years ago, Matt O'Brien reached out to NSSF concerning the prospect of passing legislation to allow Sunday hunting in Virginia. In 2014, legislation to allow Sunday hunting on private land, that many in the Commonwealth said would never pass, received strong bipartisan support in both houses and was signed into law by the governor. Last week, NSSF honored O'Brien's dedication and commitment to the cause at a reception in Richmond that included many of the Sunday hunting supporters that worked so hard for passage. "Matt was instrumental in organizing grassroots support and was the creator of the Virginia Sunday hunting Facebook page that helped inform everyone through the legislative battle. NSSF and Virginia sportsmen could not ask for a better representative than Matt," noted Jake McGuigan, NSSF Director, Government Relations, State Affairs. Read a local newspaper story about Matt O'Brien.

Massachusetts Legislators Take to the Range

The Gun Owners' Action League and NSSF today held the Seventh Annual Firearms Safety and Education Day for Massachusetts Legislators at the North Leominster Rod and Gun Club. Legislators, their families and staffs were invited to a day at the range. More than 40 legislators and staff, both experienced and many first-time participants, enjoyed the opportunity to try their hand at various shooting disciplines ranging from trap and skeet to rifle and handgun. Without the generous support of industry members, this event would not have been a resounding success. NSSF extends a special thanks to Federal/ATK for providing ammunition and to Smith & Wesson, Savage Arms, and Kahr Arms/Auto Ordnance (all three are Massachusetts-based manufacturers) for bringing numerous firearms and a team of representatives.

Learn more about our industry's Political Action Committee: