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April 2010
IMPORTANT NOTE
In order to provide the most up-to-date information on legislative, regulatory and legal matters affecting industry, NSSF Government Relations will be transitioning news currently seen in On Point into real time updates via the NSSF Web site, Facebook page and Twitter feed. This will include information on the latest news stories, GR press releases, legislative alerts and, of course, the Keane Insights blog.
Federal Affairs
NSSF Congressional Fly-In
The 3rd Annual NSSF Congressional Fly-In is scheduled for Wednesday, April 28, to Friday, April 30. Participation in the Fly-In is a voting member, and manufacturer-supporting member, benefit. All Voting Members are strongly encouraged to attend this key government relations effort to help advance our industry's federal legislative priorities. If you are interested in attending and receiving additional details as they become available, please contact Marje Swarts at mswarts@nssf.org. Register for the Fly-In online.
Excise Tax Legislative Update
It remains important that members of the firearms and ammunition industry urge their senators and representatives to support this pro-conservation, pro-business bipartisan legislation to bring equity to the excise tax payment schedule. All the background information and sample letters you need to call and write your senators and representatives is available on the NSSF Legislative Action Center Web page.
The total number of sponsors /co-sponsors and those who have committed to co-sponsor HR 510 now stands at 112 with the pick-ups of Martin Heinrich (D-NM) and Bob Etheridge (D-NC), who serves on the Ways and Means Committee.
The total number of sponsors /co-sponsors and those who have committed to co-sponsor S. 632, the Senate excise tax equity bill, is now at 19 with the pick-up of Sen. Coburn (R-OK). We need your help to push this number up.
We need to continue building the ranks of co-sponsorship, and your efforts can produce results. Please, call your senators and representatives today.
U.S. Capitol Switchboard: 202-224-3121
In Wake of Marlin Firearms Factory Closing, NSSF Calls For Support of FAET Bill
Following the announcement that Marlin Firearms will be shutting down its factory in Connecticut, NSSF issued a press release renewing earlier calls for Sens. Joseph Lieberman (D-Conn.) and Chris Dodd (D-Conn.) to co-sponsor the excise tax reform bill (S. 632). The release was picked-up by media outlets across the country, including Capitol Hill's leading publication, The Hill.
"Connecticut is the birthplace of America's firearms industry and as such it is troubling that our senators continue to sit idly by while major employers in the state like Remington, Winchester and now Marlin leave, taking with them hundreds of well-paying jobs that Connecticut workers relied upon to support their families and pay taxes," said NSSF Senior Vice President and General Counsel Lawrence G. Keane. "With the closing of Marlin Firearms, now would be a good time for both Connecticut senators to champion S. 632, bi-partisan, pro-growth and commonsense legislation."
NSSF Establishes PAC
NSSF has set up a Political Action Committee. This move will enhance NSSF's ability to support pro-Second Amendment, pro-sportsmen candidates for federal office.
Obama Names BIS Under Secretary Recess Appointment
President Obama recently named Eric Hirschhorn as Under Secretary of the Bureau of Industry and Security (BIS) pursuant to constitutional authority granted to the President to make appointments while Congress is on recess. Mr. Hirschhorn will serve as BIS Under Secretary until the end of the next term of Congress in the fall of 2010. A Senate vote on Mr. Hirschhorn's confirmation had been blocked since December by Senator Jon Kyl (R-AZ), who had raised concerns about the potential changes that the Obama Administration intends to make to United States export controls. President Obama could re-nominate Mr. Hirschhorn for the post in the fall and seek senate reconfirmation again.
Politics
Sen. Reid on Hand For Clark County Shooting Park Opening
Senate Majority Leader Harry Reid welcomed firearms enthusiasts to the Clark County Shooting Park (CCSP) for the official grand opening of the facility. Reid was instrumental in the development of the $61 million park on 3,000 acres of federal land. Funding came mainly from legislation Reid has championed while in Congress that allows unused federal lands to be sold with money returned to help Nevada communities. Don Turner, general manager of the CCSP, serves on the NSSF Board of Governors.
ATF / DOJ
ATF's New Strategic Plan Focuses On Violent Crime
According to an unpublished draft of its new strategic plan, ATF will be ceding the lead role of investigating and stopping terrorism to the FBI. Instead, ATF will now emphasis its core mission of "combating violent crime." This will include focusing on criminal groups and gangs, explosives and bombings, illegal firearms trafficking and fire and arson.
Prosecution Stats
The Department of Justice has reported that total overall agency prosecutions (ATF, DHS, FBI, etc.) increased from Nov to Dec 2009. Some 4.6 percent of the 12,373 new cases filed in Dec 2009 were categorized as "Weapons-Operation Triggerlock Major." Of the Top 10 leading charges in Dec 2009, "Firearms; Unlawful acts" ranked 4th (1st was reentry of deported aliens, 2nd was drugs, and 3rd was attempt and conspiracy). One year ago (and again 5 years ago), "Firearms; Unlawful acts" also ranked 4th. However, compared to 5 years ago, "Firearms; Unlawful acts" charges experienced the most significant decline (20.5 percent) of all charges.
The ATF specifically prosecuted 676 new cases in Dec 2009. Of these cases, 65.7 percent were categorized "Weapons-Operation Triggerlock Major." "Firearms; Unlawful acts" charges ranked 1st among the Top 10 leading charges filed by ATF in Dec 2009. However, ATF charges that showed the most significant increase compared to one year ago were those involving "Bank robbery and incidental crimes."
Traditional Ammunition / Hunting
National Dove Hunter Survey
NSSF is opposing a study, paid for with Pittman Roberstson funds, designed to gauge the attitudes of dove hunters on traditional ammunition. NSSF has always maintained that wildlife management population decisions must be based on sound science, not popular opinion. "Biologists should be biologists, not pollsters," said NSSF Senior Vice President and General Counsel Lawrence G. Keane. "This survey puts the cart well before the horse. There is no science to support a ban on traditional ammunition. On behalf of our members who pay the firearms and ammunition excise tax -- some of which is being used to fund this ill-considered and biased survey -- we oppose it."
National Park Service
NSSF has learned that the National Park Service (NPS), despite its assurances to the contrary, intends to move forward with a ban on traditional ammunition. NSSF is continuing to work with officials in the Department of Interior to curb this ill-conceived initiative.
International
U.N. Files Firearms Trace Request
The United Nations filed its first firearms trace request, a move that led NSSF to issue a formal press release noting industry's concern. "Firearms trace data is a law enforcement tool to help aid in specific criminal investigations," said NSSF Senior Vice President and General Counsel Lawrence G. Keane. "Our concerns with this trace request stem from U.N. efforts to impose arms trade control treaties that would lead to a ban on the civilian possession and ownership of firearms, possibly even in the United States despite Second Amendment protections and the recent Supreme Court decision (Heller v. District of Columbia) reaffirming that Americans have an individual right to keep and bear arms." Full Story
Gun Control
Mayor Bloomberg slams White House on gun control
New York City Mayor Michael Bloomberg called out President Obama in a letter to the White House for not doing enough to support gun control. Specifically, the mayor referenced a previous letter sent from the Mayors Against Illegal Guns coalition that outlined 40 recommendations to "improve enforcement of existing gun laws."
Industry News
Freedom Group to Relocate Marlin Firearms Production
The Freedom Group announced plans to close the Marlin Firearms' facility in North Haven, Conn. In a press release, the Freedom Group said it is evaluating several relocation options and will announce the future production site of Marlin firearms when a final decision is made. "As competition in today's global marketplace remains intense, consolidation of our manufacturing processes and operating systems allow us to provide Marlin customers with the highest quality products at competitive prices," said Ted Torbeck, Freedom Group CEO. "We are committed to the Marlin brand, its core product offerings and bringing innovative new Marlin firearms to our customers."
Do You Know Who Your Shareholders Are?
The Humane Society of the United States (HSUS) and other anti-hunting groups (e.g., PETA) have become major shareholders in many of the nation's leading meat and poultry processors and restaurant chains (e.g., Jack in the Box, Domino's Pizza, Tyson Foods) and are not shy in stating that they intend to use their shareholder positions to reform the way these companies treat animals. Could publicly traded firearms and ammunition companies be these organizations' next targets? At the same time HSUS is seeking donations to save pets and other animals from the fallout of the Haiti and Chilean earthquakes, it is buying stock in fast food chains to advance its radical animal welfare agenda. Meanwhile, local animal shelters across the county are cash strapped and on the brink of shutting their doors. In related news, HSUS, its lawyers and several other animal welfare sympathizers this past February were sued by Feld Entertainment (owner of Ringling Brothers and Barnum & Bailey Circus) for bribery, obstruction of justice and other RICO violations for collaborating to pay more than $190,000 to a former Feld employee in exchange for his impeached testimony against Feld in an earlier lawsuit that was dismissed.
Key Findings from NSSF/Harris Poll
With the U.S. Supreme Court set to issue its decision in McDonald v. City of Chicago in the coming months, a new NSSF poll conducted by Harris Interactive finds 8 in 10 Americans agree with this statement: "State and local governments are bound by law to comply with the Second Amendment." The 80 percent who indicated their support in the March 15 online survey of general population adults 18 and over is an increase from the 77 percent who did so in an NSSF/Harris Interactive poll last September. View complete survey data.
ATK Releases Statement On Once-Fired Brass Cases
In response to concerns over the demilitarization of once-fired brass cartridge cases, ATK issued a statement to clarify its position: "ATK is a strong supporter of our armed forces, the shooting sports industry, second-amendment rights and all of our customers who choose to reload ammunition. In fact, ATK is a leader in the reloading market. A dated brochure and presentation have caused confusion in the marketplace and do not reflect the views of our company and will be immediately withdrawn. As a service to our military customers, we routinely handle demil operations for various munitions and respond to requests from military installations for reclamation and recycling of military items. Each contract is awarded through the military installation's procurement process. The installations received fair value for the brass. ATK fully supports the provision passed by Congress last year to ensure that demilitarized spent brass casings remain available for civilian use."
Don't Lie for the Other Guy
'Don't Lie' Campaign Launched In El Paso, Las Cruces
Continuing its Southwest tour to help stop illegal purchases of firearms, the Don't Lie for the Other Guy campaign was launched in El Paso, Texas, and Las Cruces, N.M., last week. The Don't Lie message, "Buy a gun for someone who can't, and buy yourself ten years in jail," was delivered at a kickoff press conference on Wednesday featuring NSSF Senior Vice President and General Counsel Lawrence G. Keane and senior representatives from ATF. Residents and visitors to El Paso and Las Cruces will see Don't Lie billboards, transit signs and posters as well as hear the Don't Lie public service announcement over the next two months. In addition, NSSF, in conjunction with ATF, put on a retail education seminar that attracted more than 55 firearms retailers from the El Paso area. The seminar also encouraged retailers to utilize the Don't Lie for the Other Guy program.
Firearm Sales
March Background Checks on Firearm Sales
Data released by the FBI's National Instant Criminal Background Check System (NICS) reported 1,300,100 checks in March 2010, ranking the month the second highest March (fifth highest month overall) for most NICS checks. This figure, while being a 3.3 percent decrease from the 1,345,096 checks conducted in March 2009 -- the early stage of an ongoing surge in firearms and ammunition sales -- is an increase of 24.9 percent over checks in March 2008. The total number of background checks reported since the beginning of NICS is 113,680,372.
Concealed Carry Permits Up, Firearms-Related Fatalities Down
MSNBC.com details recent statistics that show firearms-related fatalities are falling as "millions obtain permits to carry concealed guns." Correctly citing CDC statistics, reporter Mike Stuckey goes on to note that "Americans overall are far less likely to be killed with a firearm than they were when it was much more difficult to obtain a concealed-weapons permit." Stuckey also reports that "the decline in gun homicides also comes as U.S. firearm sales are skyrocketing."
Legal
Associate Justice Stevens to Retire
Associate Justice John Paul Stevens, who does not recognize the Second Amendment rights of law-abiding Americans, has announced that he will be retiring from the High Court this summer. Justice Stevens was in the minority in District of Columbia v. Heller, the 2008 decision that reaffirmed the Second Amendment represents an individual right to keep and bear arms. Justice Stevens will still vote in the Second Amendment incorporation case of McDonald v. City of Chicago. It is likely that he will find the Second Amendment is not an incorporated right of the states.
Second Circuit Orders PLCAA Briefing in NYC-Gun Dealer Case
The Second Circuit Court of Appeals in City of New York v. Adventure Outdoors has requested the parties to submit supplemental briefs discussing the impact of the Protection of Lawful Commerce in Arms Act (PLCAA) on the case. Specifically, the three-judge panel that heard oral arguments on March 11th in the matter is seeking guidance on whether the PLCAA would have bestowed or deprived Judge Weinstein's District Court jurisdiction over the city's lawsuit against Adventure Outdoors. Adventure Outdoors had until April 5 to submit its brief to the court and the city has until April 19th.
Federal Judge Upholds District's Post-Heller Firearms Restrictions
The U.S. District Court for the District of Columbia ruled March 28th that new firearm ordinances enacted by Washington, D.C., after the U.S. Supreme Court's 2008 District of Columbia v. Heller decision "permissibly regulate the exercise of the core Second Amendment right to use firearms for the purpose of self-defense in the home." Dick Heller, the plaintiff who originally challenged the District's previous handgun ban in the Supreme Court, sued the District a second time claiming that its firearms registration process, its ban on so-called "assault weapons," and its prohibition of large capacity ammunition feeding devices were too restrictive and burdensome and violated the Second Amendment. The court found the District's handgun registration process requiring owners to submit fingerprints among other things was constitutional. Furthermore, the court upheld the city's ban on so-called "assault weapons" and large capacity ammunition feeding devices. Heller and his attorney Stephen Halbrook have filed their notice of appeal with the U.S. Court of Appeals for the D.C. Circuit.
In the States
ARIZONA
Arizona Game and Fish Commission supports "right to hunt and fish" amendment
The Arizona Game and Fish Commission supports House Concurrent Resolution 2008, a measure that would create a state constitutional right to hunt and fish. The resolution has passed the Arizona Senate Committee on Natural Resources, Infrastructure and Public Debt by a 5-1 vote. It will next go to the Senate for consideration and, if passed, will go on the ballot in the fall election. NSSF fully supports "right to hunt and fish" legislation.
CALIFORNIA
NSSF Testifies in Opposition to Anti-Gun Bills
Despite compelling testimony from NSSF Senior Vice President and General Counsel Lawrence G. Keane, yesterday, two anti-gun bills (AB 2223 and AB 181) passed out of their respective committees in the California Assembly. Assembly Bill 2223 would ban the use of traditional shotgun ammunition for hunting and recreational shooting in all state Wildlife Management Areas and Assembly Bill 1810 would require all transfers of rifles and shotguns, whether through a retailer, private party transfer, inheritance or gift, to be registered.
NSSF sent out legislative alerts on these bills to sportsmen throughout California.
Changes at California DOJ
Two California Department of Justice Firearms Bureau staffers have left the CA DOJ. Wil Cid, chief of the CA DOJ Firearms Bureau, retired, and Allison Merrilees, an attorney who drafted the "unsafe handgun act," resigned to work for anti-gun state senator Ellen Corbett. NSSF will be meeting with the new firearms bureau chief to continue dialogue on key issues affecting industry in the Golden State.
ILLINOIS
Ban on "assault rifles" gains House panel's backing
An Illinois ban on so-called "assault weapons" has passed the House Executive Committee by a vote of 7-4. The measure is now on the house floor. NSSF has submitted testimony in opposition to this measure and is working with local organizations to line up votes to defeat the bill.
VIRGINIA
Point of Contact State versus NICS State
Pro-gun groups, including NSSF, have voiced opposition to an unnecessary slowing of background check approvals on firearm purchases in the Old Dominion. Some have claimed that the slowing is due to a refusal by pro-gun groups to accept a 250 percent increase in background check fees – monies that would, in theory, have gone to the hiring of additional staff to oversee background checks. In a letter to the editor (one of several sent by NSSF), NSSF reminds Virginians that if the commonwealth were not a Point of Contact (POC) state and allowed the FBI to run background checks, they would save taxpayer dollars and ensure that law-abiding Virginians were able to exercise their right to keep and bear arms without delay. There would be no adverse affect to public safety and the money saved could be used to put more police officers on the street and prosecutors in the court room.
WEST VIRGINIA
Governor Vetoes Second Amendment Sales Tax Holiday Bill
Gov. Manchin (D-WV) vetoed a bill that would create an annual sales-tax holiday on firearms and ammunition in West Virginia. In the governor's veto message he said he "regretfully" had to oppose the holiday given the current economic climate in the state. NSSF remains a vocal supporter of Second Amendment sales tax holidays.
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OUTSIDE NSSF MEMBER COMPANIES
This NSSF Government Relations Weekly Update is a confidential information service of the National Shooting Sports Foundation provided to and intended exclusively for NSSF members. The information may not be reproduced or redistributed to anyone outside of an NSSF member company. If you are not an intended recipient, you have received this communication in error and should notify the sender immediately at onlinesubscriptions@nssf.org and permanently delete this email. The information presented has been obtained or derived from sources believed by NSSF to be reliable, but NSSF makes no representation as to their accuracy or completeness. The information is not intended to replace recipient's own research or act as a substitute for the exercise of independent judgment. |
