nssf.org

March 20, 2015

BREAKING NEWS:

ATF Director Jones Announces Resignation

Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Director B. Todd Jones today announced that he is resigning. Jones was nominated by President Obama for the position of ATF director on Jan. 24, 2013. On July 31, 2013, Jones became the first ATF director in history to receive Senate confirmation. Prior to becoming ATF's permanent director, Jones served as the acting ATF director starting Aug. 31, 2011. While serving as the acting director of ATF, Jones was also the U. S. Attorney for the District of Minnesota, a post he held from Aug. 7, 2009, until his confirmation as ATF director. ATF Deputy Director Thomas E. Brandon will serve as acting director after Jones departs. See Attorney General Eric Holder's Statement.

Firearms Manufacturers and Dealers Protection Act Introduced In U.S. House, While More Stories of Financial Services Denials Come to Light

Operation Choke Point, the Department of Justice and Federal Deposit Insurance Corporation program that was intended to restrict the provision of banking and financial services to industries arbitrarily deemed at "high risk" of conducting illegal activity but that in reality were simply out of favor with a highly political Obama administration, has galvanized Congress into action and continues to receive the attention of investigative journalists. Action also is also under way on the state level with the introduction in a second state legislature of FIND Act Legislation. NSSF is active in legislative efforts to end both Operation Choke Point abuses and all other discriminatory activities that unfairly target law-abiding businesses in the firearms, ammunition and related industries.

  • Schweikert Introduces Legislation … U.S. Rep. David Schweikert (R-Ariz.) this week introduced the Firearms Manufacturers and Dealers Protection Act of 2015 in direct response to the executive overreach and discriminatory effects of Operation Choke Point. "It is clear that more needs to be done to protect the Second Amendment and to stop the administration's targeting of the firearm industry," Schweikert said in a press release. "The Firearms Manufacturers and Dealers Protection Act will fully defund Operation Choke Point and eliminate the potential for similar programs to emerge in the future." NSSF assisted the Congressman's staff in preparing this legislation, which complements the work of U.S. Rep. Blaine Luetkemeyer, (R-Mo.), who earlier introduced similar legislation.
  • Crapo Amendment Passes Senate Budget Committee … On the other side of Capitol Hill, meanwhile, U.S. Sen. Mike Crapo (R-Idaho) is using the budgetary process to end Operation Choke Point activities. His NSSF-supported amendment to the Senate budget proposal to establish a deficit-neutral reserve fund to end the controversial program was approved Thursday on a 13-9 vote at the Senate Budget Committee markup of the Senate's Fiscal Year 2016 budget blueprint.
  • More Stories of Firearms Businesses Denied Services …The Daily Signal's Kelsey Harkness has been at work for months documenting cases where Operation Choke Point directives prevented a firearms related business from receiving financial services. Read her latest report.
  • Firearms Industry Protection Bill Introduced in Alabama … State Rep. Ed Henry this week introduced HB 327, the Alabama Firearms Industry Nondiscrimination (FIND) Act. Alabama is the second state to see this NSSF-supported legislation introduced to protect the lawful commerce in firearms, ammunition or related products by making it a discriminatory business practice to refuse provision of services. As previously reported, Operation Choke Point, the federally orchestrated initiative in which financial services providers were pressured to end relationships with firearms licensees, is just the tip of the iceberg for discriminatory practices against industry members. FIND Act advocacy is a new NSSF initiative for 2015. We encourage industry members to tell us of instances of discrimination solely because of your involvement in any firearms-related business by emailing Elizabeth Karasmeighan, ekarasmeighan@nssf.org

 

Anti-Hunting HSUS Head Tells Senators He's Not Anti-Hunting

The U.S. Senate this week held its second hearing on the Bipartisan Sportsmen's Act of 2015, at which Humane Society of the United States President Wayne Pacelle testified in opposition to a widely supported package of pro-hunting and pro-sportsmen legislation. Despite a documented record of anti-hunting statements, Pacelle told senators, "I want to be clear that the Humane Society of the United States is not opposed to hunting." See this NSSF Legislative Action Alert, then call your Senators at 202-224-3121 or email them today and urge them to sign on as a cosponsor to S.405, the Bipartisan Sportsmen's Act. Passage of this legislation is an NSSF priority.

 

It's Not Over Yet on the 5.56 'Green Tip' Ammo Front

Industry members and politically aware gun owners know the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) tried to pull a sneak play by quietly releasing a proposal to adopt a new regulatory framework that would ban M855 and SS109 "green tip" rifle ammunition in 5.56 and .223 calibers. This type of ammunition had been exempt from the 1986 Law Enforcement Officers Protection Act (LEOPA), which outlawed armor-piercing ammunition. While NSSF was aware that ATF Director B. Todd joins was planning to step down, today's resignation announcement was likely to have been accelerated by the ammunition issue. To get up to date and gain additional perspective on this issue read NSSF Senior Vice President and General Counsel Larry Keane's latest blog post. And in related news:

  • 23 State Attorneys General Tell ATF They Oppose Ban … The attorneys general of 23 states have jointly written ATF and while they applaud the bureau's decision for now not to issue a new regulatory framework that would ban M855 ammunition, the letter leaves no doubt that they would oppose any bureau attempt to move forward. "…ATF's justification for proposing the ban is arbitrary and, if followed to its logical end, could be used to ban a wide range of rifle ammunition," the AGs' letter states.
  • Public Comments to ATF Top 310,000ATF is now reporting that it has received more than 310,000 comments from the public on the agency's now withdrawn 5.56 mm ammunition proposal. By any standard, that response over such a relatively short period is truly overwhelming.

 

Annual NSSF Congressional Fly-In is April 22-23

Registration is open for the annual NSSF Congressional Fly-in, April 22-23 in Washington, D.C. This is a great opportunity for leaders from NSSF Voting Member companies and supporting distributor and manufacturing member companies, as well as leading retailers, to meet with members of Congress. At stake is passage of the Bipartisan Sportsmen's Act, the industry's top priority, as well as defeating President Obama's regulatory gun control agenda. To learn more about the importance of claiming a seat at the table, watch this short video. For security purposes, a full agenda including locations and information on how to book a room in the NSSF hotel block will be sent to you via email after you register. Register today to attend this crucial Fly-In.

 

NSSF to Meet With State Department on Possible ECR Setback

NSSF supports the administration's Export Control Reform (ECR) initiative, which would shift our industry's items to Commerce Department control from the State Department's jurisdiction. Although a rule was drafted in 2012 to shift the export licensing of firearms and ammunition products (USML Cat I - III) to the Commerce Department's Commerce Control List (CCL) from the State Department's U.S. Munitions List (USML) Commerce, we continue to wait for these products to move as part of the ECR.

Unfortunately, it has come to our attention that there is a proposal under serious consideration that would reject the goal of the ECR and move commercial, non-sensitive items that have long been on the CCL, including sporting shotguns and non-military scopes, to the USML. NSSF requested and was granted an urgent meeting with State, now scheduled for March 25 ahead of a possible April 1 decision, in order to discuss how this proposal would place significant additional, unwarranted burdens on industry members without advancing national security.

 

NSSF Testifies in Favor of Ending Maryland's Ballistics Imaging

In NSSF's ongoing initiative to repeal the State of Maryland's ballistics imaging requirement, Trevor Santos, manager of state affairs, testified this week alongside State Sen. Edward Reilly, sponsor of SB 736, to repeal the provision of law passed in 2000 that requires firearms manufacturers and dealers to submit bullet casings on new and used firearms to the now defunct Department of State Police ballistics imaging database. This comes a week after Jake McGuigan, Director of State Affairs for NSSF, testified in a House committee on the same issue. NSSF has worked tirelessly to repeal this requirement ever since it was successfully removed from the books in New York a few years ago. Maryland is the only state in the country with this mandate, which is based on a flawed and defunded system unsupported even by the state police.

 

Iowa Pro-Gun Omnibus Bill Awaits Senate Consideration

A few weeks ago, the Iowa House of Representatives gave its approval to an omnibus pro-gun bill containing language that would legalize the manufacture, sale, possession and use of firearm suppressors, while also imposing reasonable deadlines to ensure that individuals who are lawfully seeking to obtain a suppressor are able to do so in a prompt manner. HF 527 received overwhelming support (75-24-1) and generated zero debate. The Iowa Senate has yet to take up its version, SF 425. Iowa residents should contact your State Senator today and respectfully urge him or her to push for SF 425 to be placed on the Senate calendar and to vote in favor of SF 425. Contact information can be found here.

 

Colorado Magazine Ban Repeal Passes Senate

In Colorado this week, SB-175, a bill to repeal the state's ban on ammunition magazines with more than a 10-round capacity passed out of the Senate on a vote of 21-13-1. All Republicans and three Democrats voted for the bill. The bill is expected to be heard next on April 6 in a house committee where there will also be several other gun bills on the agenda. Unfortunately, the bill is not expected to pass the House based on the political make-up of that chamber. Gov. John Hickenlooper said in an interview this week that he would veto SB-175 if it made it to his desk. Read this Colorado newspaper account.

 

Late Victory in West Virginia on Sunday Hunting

In the final hours of the West Virginia legislative session, an amendment was added to a bill that will clarify ballot language used to overturn a specific county's prohibition on Sunday hunting. The language submitted and passed allows clear and straightforward text, "Shall hunting on Sunday be authorized on private lands only with the consent of the land owner in ________ County?" Sunday hunting legislation failed this year mainly because of strong opposition to the bill in the Senate led by Farm Bureau-backed Chairman Robert Karnes of the Senate Committee on Natural Resources. NSSF-backed legislators will again introduce legislation in the next session to help provide a needed positive economic stimulus in the Mountaineer state to the tune of 2,700 jobs and $156 million in new economic impact.

 

ATF eForms: Getting Started with Electronic Import Technology

We live in a world of evolving technology. It encompasses most of what we do from email to regulatory forms processing. Not only does technology eliminate the need for paper-based processes but it allows us to process transactions at a greater pace and with increased accuracy – much to the aid of electronic internal controls. Learn more in this Orchid Advisory. Orchid Advisors is an endorsed compliance information provider for NSSF members.

 

Compliance Conference May 11-13 in Orlando

NSSF and Orchid Advisors are sponsoring the annual Firearms Industry Compliance Conference, May 11-13, at the Marriott's Orlando World Center Resort. Discounted registration is available to all NSSF members. The 2015 conference brings together firearm manufacturers, importers, exporters, distributors, dealers and regulators such as the DOJ and ATF to answer the question, "How can I optimize compliance?" Larry Keane, NSSF Senior Vice President and General Counsel, explains, "NSSF is pleased to join with Orchid Advisors to co-sponsor this important and timely conference because it will offer the practical, operations-oriented solutions to our member base that we strive to provide." Register to attend. Highlights from last year's event can be found on the Orchid Advisors website.

 

Thank You to Our Latest NSSF PAC Contributors

President's Club ($5,000): No new contributors to report
Cabinet Club ($2,500 or more): No new contributors to report
Capitol Club ($1,000 or more): No new contributors to report
Caucus Club ($500 or more): No new contributors to report
Congressional Club ($250 or more): Chris Jarvis
Industry Club (up to $249): Larry Keane

 

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