NSSF Closely Monitoring ‘Operation Choke Point’ House Probes

This week, the U.S. House of Representatives was busy examining the highly controversial Obama Administration program named “Operation Choke Point”. NSSF attended three hearings on the topic, two at the Financial Services Committee, and a third at the House Judiciary Committee. Operation Choke Point is the Department of Justice initiative that is attempting to stop banks from doing business with companies and industries that the Administration believes are at a higher risk of fraud. The controversy surrounding the program centers on the fact that the government is putting pressure on banks to cut ties with certain companies and entire industries without showing that the targeted companies are actually violating the law.

Rep. Patrick McHenry (R-N.C.) observed that the identified list of potential targets for Operation Choke Point amounts to a “government hit list”.  Some of the industries listed for targeting are: Ponzi schemes, racist materials, pornography, tobacco sales, ammunition sales and firearms Sales, among other things.

A bill introduced by Congressman Blaine Luetkemeyer (R-Mo.), a former bank examiner, attempts to address some Congressional concerns about Operation Choke Point.  The bill would create a new safe-harbor for banks and credit unions to promote non-discriminatory access to financial products and services, as long as the company or merchant is licensed, registered as a money services business, or has obtained a reasonable legal opinion showing the legality of the business.  NSSF will continue to consult with members of Congress and closely watch developments.

 

Massachusetts Senate Debates, Passes Firearms Legislation

After lengthy debate, the Massachusetts State Senate on Thursday afternoon passed its own version of the firearms legislation passed last week by the House of Representatives. The marathon session considered 63 amendments and produced a bill that does not match the House version, meaning that it now heads to a conference committee or the House could opt to adopt the Senate version in the less than two weeks remaining in the legislative session.

NSSF will continue to work with legislators to try to influence bill language and specifics. We will continue to keep you informed. There are both positive and negative provisions in the legislation that will impact the industry. It is important to note, however, that several amendments that would have been detrimental to retailers in the Commonwealth were NOT adopted. These included: Requiring retailers to conduct background checks on private party sales; mandating retailers to send State Police copies of all records when they closed or went out of business; limiting citizens to one firearm purchase a month; and strengthening of the existing “assault weapons” ban. Read a news account.

 

New Russian Sanctions Cover Eight Arms Manufacturers

President Obama this week announced new, wide-reaching economic sanctions on Russia in reaction to the situation in Ukraine. The restrictions cover certain major financial institutions, energy companies, Russian government leaders and eight arms manufacturers, including the Kalashnikov Concern. In a FAQ document, the Treasury Department offered guidance on AK-47s already in the U.S. that will not be affected by the new sanctions.

 

FY15 Interior, Environment Appropriations Bill Passes Committee

The U.S. House Appropriations Committee this week favorably reported out the FY15 Interior and Environment Appropriations bill. The legislation sets funding levels for the Department of Interior, EPA, Forest Service and related agencies, and includes important provisions for sportsmen such as a prohibition on regulating traditional ammunition made with lead components; a one-year delay on any Endangered Species Act rule-making from USFWS regarding the sage grouse; funding to fight wildfires that have been destroying important wildlife habitat; and preventing any rule-making from the Department of the Interior that would devalue lawfully imported ivory products such as pistol grips and shotgun beads. NSSF will continue to keep you informed on the progress of this bill.

 

Zimbabwe Asks for Lifting of U.S. Ivory Ban

Citing the importance of the elephant hunting industry, wildlife officials in Zimbabwe have asked the U.S. to lift its temporary ban on ivory imports from the country. According to a report submitted to Congress last month by the country's Department of Parks and Wildlife Management Authority, the annual economic impact of elephant hunting is over $14 million and "not less than 55 percent" of the income is contributed directly to the rural communities where sport hunting may be the only source of income.

 

Appeals Court Denies Rehearing on Bay Area Ammunition Ban

The 9th Circuit Court of Appeals has denied the petition for rehearing and petition for en banc rehearing in Jackson v. San Francisco. NSSF and the Sporting Arms and Ammunition Manufacturers' Institute (SAAMI) had filed a joint amicus brief supporting rehearing and en banc review. The denial, as of now, allows to stand two San Francisco ordinances, the first banning ammunition that serves no sporting purpose (e.g., common self-defense ammunition) or that is designed to expand or fragment upon impact (hollow point ammunition) and the second requiring handguns to be stored in a locked container at home or disabled with a trigger lock when not carried on the person, Gun owners and organizations filed a lawsuit against the city seeking to enjoin enforcement of the two ordinances on the grounds that they violated the Second Amendment right to defend oneself and home. A federal trial court denied this request and the denial was subsequently affirmed by a three-judge panel of the 9th Circuit.

 

New Suit Seeks to overturn Ban on Interstate Handgun Sales

The Citizens Committee for the Right to Keep and Bear Arms and a Texas firearms retailer this week filed suit in U.S. District Court in Fort Worth challenging the federal law that limits citizens to purchasing handguns only in the state where they live. The suit questions why Americans may purchase rifles and shotguns across state lines but not handguns. Read a news account. NSSF is monitoring this suit and weighing options.

 

Misleading with Numbers Nothing New for Anti-Gun Groups

Prominent, big-name gun control groups have a long track record of selectively and misleadingly using government data in their effort to build support for more gun control legislation. One of their tactics is to classify 18- and 19-year-old young adults as "children" in order to exaggerate their claims. Recently, a news fact-checking group blew the whistle on another case of attempting to influence through such exaggeration. Read NSSF Senior Vice President and General Counsel Larry Keane's recent blog post.

 

Register Today for Aug. 5-6 Import/Export Conference

To help industry members navigate the federal laws and regulations that govern the import and export of firearms and related products, the National Shooting Sports Foundation and the FAIR Trade Group will present our 13th annual Firearms Import/Export Conference on Aug. 5-6. This year's conference features round-table sessions with key ATF branches, Customs and Border Protection, Treasury's Tax and Trade Bureau, and Census Bureau's Automated Export System. The conference will also feature presentations from ATF, an update on the U.N. arms trade control actions, and State Department speakers covering policy updates, enforcement trends, compliance, commercial export policies and brokering licenses, among other topics. Register now to guarantee your spot. Sponsorship opportunities are available; click here for the chance to promote your business to a high level targeted audience.

Not sure whether to register? Hear first-hand from attendees at last year's conference here.

 

Orchid Advisory: Who is the ATF and How Do I Contact Them?

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It is not uncommon to view a visit from any regulatory agency with a bit of anxiety. But, we still have an obligation to comply and it is helpful to understand how their resources, whether limited or plentiful, can help us achieve our goals in the industry. There's a myriad of ways in which the ATF can support your compliance efforts before "the big day" (i.e., inspection time). Read the latest advisory. Orchid Advisors is an endorsed compliance information provider for NSSF members.

 

PAC Note: Corporate Members Should Return Prior Approval Forms

With the critical midterm elections that will determine which partycontrols the Senate less than five months away, there is no better time than now to make sure that you are informed about which candidates will protect our rights and support our industry. If you are an NSSF corporate member the only way the NSSF PAC can keep you up to date on the political landscape is if you complete and return your prior approval form. Without it we can't send you the vital political news and information you need to know.

 

Learn more about our industry's Political Action Committee: