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Industry News, Tactics & Training

Can The Government Confiscate My Firearms During a Disaster?

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firearms confiscation

During the recent disaster wrought by Hurricane Harvey in Texas and the impending landfall in Florida of Hurricane Irma, many of our members have been asking if the government can confiscate their firearms if the Governor or Federal Government declare a state of emergency.

Following the devastation caused by Hurricane Katrina in 2005, the New Orleans police went door to door seeking people who rode out the storm in their homes to force them to comply with the forced evacuation ordered by the government. As part of the effort, the officers were also confiscating firearms.

This created an outrage among the law-abiding gun owners of the country and resulted in the passage of state and federal laws to prevent such confiscations from occurring in the future.

In 2006, Congress passed the DISASTER RECOVERY PERSONAL PROTECTION ACT OF 2006. The law was intended to prevent the government from seizing legally owned firearms during the time of a disaster. It was incorporated as an amendment to the Department of Homeland Security Appropriations Act 2007 and signed into law on October 4, 2006.

CAN THE FEDERAL GOVERNMENT CONFISCATE MY FIREARMS?

This law amended 42 U.S.C 5201 Disaster Relief and Emergency Assistance Act to add the following provision:

SEC. 706. FIREARMS POLICIES.

(a) PROHIBITION ON CONFISCATION OF FIREARMS- No officer or employee of the United States (including any member of the uniformed services), or person operating pursuant to or under color of Federal law, or receiving Federal funds, or under control of any Federal official, or providing services to such an officer, employee, or other person, while acting in support of relief from a major disaster or emergency, may–

(1) temporarily or permanently seize, or authorize seizure of, any firearm the possession of which is not prohibited under Federal, State, or local law, other than for forfeiture in compliance with Federal law or as evidence in a criminal investigation;

(2) require registration of any firearm for which registration is not required by Federal, State, or local law;

(3) prohibit possession of any firearm, or promulgate any rule, regulation, or order prohibiting possession of any firearm, in any place or by any person where such possession is not otherwise prohibited by Federal, State, or local law; or

(4) prohibit the carrying of firearms by any person otherwise authorized to carry firearms under Federal, State, or local law, solely because such person is operating under the direction, control, or supervision of a Federal agency in support of relief from the major disaster or emergency.

(b) LIMITATION- Nothing in this section shall be construed to prohibit any person in subsection (a) from requiring the temporary surrender of a firearm as a condition for entry into any mode of transportation used for rescue or evacuation during a major disaster or emergency, provided that such temporarily surrendered firearm is returned at the completion of such rescue or evacuation.

Following the lead of the federal government, most state legislatures adopted their own version of this law.

TEXAS LAW ON FIREARMS CONFISCATION

In Texas, Government Code Chapter 418 (EMERGENCY MANAGEMENT) permits the Governor to declare a State of Disaster which suspends certain state laws and regulations to allow local authorities to conduct rescue and recovery operations.

However, it does not allow for the seizure of any legally owned firearms, with limited exception.

Specifically,

Sec. 418.003.  LIMITATIONS.  This chapter does not:

(5)  except as provided by Section 418.184, authorize the seizure or confiscation of any firearm or ammunition from an individual who is lawfully carrying or possessing the firearm or ammunition;

Sec. 418.184.  FIREARMS.

(a)  A peace officer who is acting in the lawful execution of the officer’s official duties during a state of disaster may disarm an individual if the officer reasonably believes it is immediately necessary for the protection of the officer or another individual.

(b)  The peace officer shall return a firearm and any ammunition to an individual disarmed under Subsection (a) before ceasing to detain the individual unless the officer:

(1)  arrests the individual for engaging in criminal activity; or

(2)  seizes the firearm as evidence in a criminal investigation.

To read Governor Abbott’s actual declaration, click here.

FLORIDA LAW ON FIREARMS CONFISCATION   

Article IV, Section 1(a) of the Florida Constitution permits the Governor to issue an Executive Order to declare a State of Emergency in times of a natural disaster, allowing him to enact provisions of the State’s Emergency Management Plan.

For Hurricane Irma, the Executive Order provides specific provisions regarding the activities permissible to state and local officials during the emergency, as provided for in  Florida Statutes beginning with Chapter 252.31  “State Emergency Management Act.”

In part, the Executive Order states:

Section 2. I designate the Director of the Division of Emergency Management as the State Coordinating Officer for the duration of this emergency and direct him to execute the State’s Comprehensive Emergency Management Plan and other response, recover, and mitigation plans necessary to cope with the emergency. Pursuant to section 252.36(1)(a), Florida Statutes, I delegate to the State Coordinating Officer the authority to exercise those powers delineated in sections 252.36(5)-(10), Florida Statutes, which he shall exercise as needed to meet this emergency, subject to the limitations of section 252.33, Florida Statutes.

But those powers have certain limitations with regards to firearms. In particular,

Chapter 252.36(5)(h) states the Governor may:

(h) Suspend or limit the sale, dispensing, or transportation of alcoholic beverages, firearms, explosives, and combustibles. However, nothing contained in ss. 252.31-252.90 shall be construed to authorize the seizure, taking, or confiscation of firearms that are lawfully possessed, unless a person is engaged in the commission of a criminal act.

FINAL WORD

So, there you have it. During our times of disaster, we can all focus on recovery and not have to worry about the authorities coming along and confiscating our firearms. The Second Amendment survives disasters.

Surprising Hurricane Harvey Heroes

 

[Addendum: Due inquiries from Members, this story was updated on Sept. 7.]

U.S. VIRGIN ISLANDS CONFISCATING FIREARMS

On Tuesday, the island’s Governor ordered the National Guard to confiscate weapons and ammo that may be required for them to carry out their mission.  What that specifically means is unclear. Also, the U.S. Virgin Islands IS NOT governed by the U.S. Constitution, but instead by the “Revised Organic Act of the Virgin Islands,” a federal law approved by Congress in 1954. The island does not have its own constitution yet.

The NRA has threatened to file a lawsuit, and here is their take:

In 1997, the chairman of the House Committee on Resources asked the General Accounting Office (GAO) to clarify just how the U.S. Constitutional applies to various “U.S. Insular Areas,” including the U.S. Virgin Islands. Its findings were inconclusive and unsettling, especially to those now living under Governor Mapp’s orders. Said the report:

Under the Insular Cases and subsequent decisions, rights other than fundamental rights, even though they may be stated in the Constitution, do not apply to the territories or possessions unless the Congress makes them applicable by legislation. The Congress can by law extend the coverage of the Constitution in part or in its entirety to a territory or possession, and has done so with respect to some territories. In the absence of such congressional action, however, only fundamental rights apply.

Digging further, one finds that only parts of the Fifth Amendment are considered to be “fundamental” based on court rulings, and none of the Sixth Amendment applies. And nothing is said in the 75-page report about the Second.

If the NRA does sue and their position is sustained by the courts that people living on the island are U.S. Citizens with full protection of the U.S. Constitution, the issue will be settled. If not, or no suit is filed, those living on the island will be subjected to having their weapons confiscated by the National Guard.

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September 1 is Here! This is How the Texas Gun Laws Change

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September 1 changes
The TSRA outlines the new laws taking effect September 1.

Read this release from TSRA to learn about ALL of the changes in Texas gun law on September 1. See below:

LTC Fee Reduction Legislation

(SB16 by Senator Robert Nichols/Representative Phil King)

Background:

In 1995 the Texas Legislature passed the concealed handgun license. At that time the fee to the state for the CHL was put into statute at $140 for the initial license and $70 to renew. The only discounts in 1995 were for seniors over 60 at a 50% discount and to indigents for the same 50% discount.

Over the years the Legislature created discounts for various groups such as judges, district attorneys, military, law enforcement and others but nothing for the average hardworking Texan. In addition, the process of issuing the license became streamlined.

With SB 16:

Those who would have paid $140 will now pay $40, and their renewal will also be $40. The cost will be $40 for seniors for their first license instead of $70, and a senior renewal will remain $35.

$40 is the most any Texan will pay the state for the License to Carry.

While TSRA strongly supports unlicensed possession of a handgun, the Texas license has become acceptable even to those who opposed the issue for decades.

Special thanks to Senator Robert Nichols the author of SB 16, to Representative Phil King for HB300, Representative Dustin Burrows for HB339 and to Representative Kyle Kacal for HB1024; all filed to create support for SB 16.

SB 16 was Lt. Governor Dan Patrick’s #1 priority for Texas gun owners.

Governor signed (5/26/2017)  Effective Date 9/1/2017

Caliber Requirement for LTC Qualification

(SB263 by Senator Perry/Representative Drew Springer)

Since 1995 there has been a minimum caliber requirement in the statute for the range proficiency portion of the Texas License to Carry class. Range Proficiency requires the applicant shoot a 50-round course of fire.

Currently, those seeking a license must test with a .32 caliber or higher handgun although there is no caliber requirement regarding the firearm carried by the licensee on a day to day basis.

This minimum caliber requirement negatively impacts those with hand injuries and the elderly who wish to obtain a license.

SB 263 by Senator Perry removes the caliber requirement for the range proficiency exam to obtain a Texas License to Carry.  The bill takes effect September 1.

Governor signed (6/9/2017)  Effective Date 9/1/2017

Volunteer First Responders

(HB435 by Representative Ken King/Senator Perry.)  Relating to handgun laws as they apply to licensees who are volunteer first responders.

Governor signed (June 15, 2017) Effective Date 9/1/2017

TSRA Suppressor Bill plus a Friendly Amendment

On Friday, May 19th, at 8:55 p.m. the Texas House passed HB 1819, authored by Rep. Drew Springer (R-Muenster) with Senate sponsor, Sen. Charles Perry (R-Lubbock) plus an amendment by Sen. Craig Estes (R-Wichita Falls).

HB1819 sets up Texas law in preparation for the Hearing Protection Act (HR 367) to pass in Congress. The Hearing Protection Act would remove suppressors, also known as silencers, from the provisions of the National Firearms Act (NFA). This means the purchaser of a suppressor would no longer be required to pay the suppressor dealer a deposit, fill out the form 4, transmit digital fingerprints, send BATFE $200, followed by waiting as long as a year for their application to be processed, the “tax stamp” issued and the purchase finalized.  Again, we’re only talking about suppressors. A device which simply muffles sound.

The US Congress, under our current administration, is expected to act and when the change occurs Texas law will be ready to accommodate the change. This means law-abiding Texans wanting a suppressor for their firearm will show their LTC or submit to NICS as though they were purchasing a firearm.  No forms and no $200 tax to BATFE when the Hearing Protection Act passes in Congress.

But wait, there’s more! Mossberg Shockwave!

It was brought to our attention by State Rep. Poncho Nevarez (D-Eagle Pass) and by TSRA members that the Mossberg 590 Shockwave could not be purchased in two states: Texas and Ohio. There is a Mossberg manufacturing facility in Eagle Pass.
You see BATFE does not require this 14″ barrel,  pistol grip “firearm” to be registered as an NFA device. The Shockwave is not a shoulder-mount shotgun.

The Mossberg amendment was added in the Senate by Senator Craig Estes. Thanks of course to Senator Charles Perry the Senate sponsor for HB 1819.

HB1819 has now been signed by Governor Abbott and takes effect September 1. We may have a wait to purchase a suppressor, but we will purchase the Mossberg 590 Shockwave and other similar firearms after September 1.

HB1819 Bill History with Co-Author’s List

Governor Signed (5/26/2017)  Effective Date 9/1/2017 for Texas law but we wait on Congress!

Online LTC Course Option

(HB3784 by Representative Justin Holland (R-Rockwall and Senator Van Taylor (R-Plano))

Creates an optional online course for the Texas LTC. The shooting portion must be done with a DPS certified instructor.

Governor signed (6/15/2017)  Effective Date 9/1/2017

Church Volunteer Security

Relating to the exemption from the application of the Private Security Act of certain persons who provide security services on a volunteer basis at a place of religious worship.

The original bill didn’t pass but was successfully amended to SB2065 by Senator Kelly Hancock (R-N. Richland Hills)

Governor signed (6/15/2017)  Effective Date 9/1/2017

Primary and Secondary Teachers and School Parking Lot

The language of HB1692 by Representative Cole Hefner (R-Mount Pleasant) Relating to the transportation and storage of a handgun or other firearm and ammunition by a license holder in a motor vehicle in a parking area of a primary or secondary school.

This legislation protects the jobs of hard-working primary and secondary teachers with an LTC. This group was not previously covered by the employer parking lot bill from years ago.

Neither the House Bill nor the Senate bill passed, but the language was amended.

Representative Hefner successfully amended his language to SB1566 by Senator Lois Kolkhorst (R-Brenham).

Governor signed  (6/15/2017)  Effective Date 9/1/2017

Legalize the Bowie Knife

HB1935 by Representative John Frullo/Senator John Whitmire eliminates daggers, dirks, stilettos, poniards, swords, spears, and Bowie knives from Texas law, allowing them to be carried in Texas. Governor signed (6/15/2017)  Effective Date 9/1/2017

LTC Range Qualifications and Veterans

SB138 by Senator Van Taylor/Representative Morgan Meyer to exempt certain military veterans and active duty service members with military range qualifications from the state required range portion of the LTC course. SB138 passed as an amendment to HB3784 Effective Date 9/1/2017

Big News on Big Knives Coming September 1
Industry News

D.C. Appeals Court Strikes Down ‘Good Reason’ Licensing Scheme

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“Unconstitutional” is what a federal appeals court has ruled on the D.C. gun law that says people must show “good reason” to have concealed handgun permits.

The Second Amendment is sufficient reason itself to issue permits, according to the 2-1 ruling released Tuesday July 25, by the U.S. Court of Appeals for the D.C. Circuit.

“In fact, the Amendment’s core at a minimum shields the typically situated citizen’s ability to carry common arms generally,” wrote Judge Thomas B. Griffith in the ruling on the case Wrenn v. District of Columbia.

Subsequently, the appeals court instructed lower courts to block the D.C. law with permanent injunctions. City officials indicated they’re exploring an appeal, while gun-control groups claim the ruling shrinks public safety in the nation’s capital.

D.C. gun laws are among the strictest in the U.S., but they’ve also faced several legal challenges in the last few years, said Kirk Evans, President of U.S. & Texas LawShield.

Evans noted that one landmark pro-gun victory was District of Columbia v. Heller in 2008 in which the U.S. Supreme Court—voting 5 to 4—struck down D.C.’s ban on handguns. Then, in 2014, another federal court prevented a proposed ban on carrying guns in public.

The D.C. Council—the enclave’s municipal government—responded by creating the “good reason” rule, which only issued permits to citizens who could prove they faced legitimate threats, Evans said.

“Simply residing in one of the District’s high-crime neighborhoods was not considered ‘good reason,’” Evans said. “This was not unnoticed by at least one member of Congress who complained colleagues were unarmed when a gunman shot up their ball practice in June.”

But, according to the appeals court’s decision, the “good reason” rule negated what the Supreme Court decided in Heller.

“The District’s good-reason law is necessarily a total ban on exercises of that constitutional right for most D.C. residents,” Judge Griffith wrote. “That’s enough to sink this law under (Heller).

Second Amendment advocates praised the latest ruling, including Alan Gottlieb, founder and executive vice president of the Second Amendment Foundation (SAF).

He said the ruling “contains some powerful language that affirms what we’ve argued for many years, that requiring a so-called ‘good-cause’ to exercise a constitutionally-protected right does not pass the legal smell test.”

Gottlieb added, “We are particularly pleased that the opinion makes it clear that the Second Amendment’s core generally covers carrying in public for self-defense.”

In the days after the ruling it was too early to tell how far the case would rise through the appeals process. The Supreme Court in June declined to consider another Second Amendment case, Peruta v. California, in which the 9th U.S. Circuit Court of Appeals agreed with a San Diego County law requiring gun owners to prove they have “good cause” to apply for concealed carry permits.

But Gottlieb said the latest victory in D.C. spurs confidence among Second Amendment advocates.

“To say we are delighted with the ruling would be an understatement,” Gottlieb said. “We are simply more encouraged to keep fighting, winning firearms freedom one lawsuit at a time.” — Bill Miller, Contributor, Texas & U.S. Law Shield blog

 

 

Check out these other great articles from U.S. Law Shield and click here to become a member:

 

The “purple paint law” became official in Texas on September 1, 1997. The law doesn’t appear to be common knowledge for every hunter in the Lone Star State, even though Texas hunting regulations describe it.
Can your employer restrict your ability to carry firearms at the workplace? Click to watch Emily Taylor, Independent Program Attorney with Walker & Byington, explain that in Texas, employers call the shots regarding workplace self-defense.
In this excerpt from a U.S. Law Shield News live report, watch Emily Taylor, independent program attorney with Walker & Byington, discuss the ground rules for carrying firearms into restaurants and bars. Click the video below to find out the significant differences between blue signs and red signs in Texas establishments, and how getting those colors crossed up could lead to some orange jumpsuit time.   If you would like to see these reports live on Facebook, click here to join the Texas Law Shield Facebook page and sign up for live notifications.
Industry News, Tactics & Training

National Legal Update: Hearing Protection Act Rolling Into Bigger Bill

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The Hearing Protection Act has been attached to the SHARE Act, a sportsman’s omnibus bill with a lot of pro-gun features. Among those features, the SHARE Act (Sportsmen’s Heritage and Recreational Enhancement Act) would do the following:

  1. Moves silencers/suppressors from Title II to Title I status.
  2. Enhances the Firearms Owners Protection Act (FOPA) language to include travel by means other than vehicles.
  3. Creates remedies against states that violate the safe travel provisions, including a cause of action and attorneys fees.
  4. Eliminates the sporting-purposes language from the Gun Control Act of 1968 and the law on armor-piercing ammunition.
  5. Creates a blanket exception for shotguns to prevent arbitrary reclassification as destructive devices.

“The Hearing Protection Act has been one of the most important bills for sportsmen and women this Congress, which is why it’s common sense for it to be included in this year’s sportsman’s legislative package,” Rep. Jeff Duncan (R-S.C.) Duncan, the bill’s sponsor, told POLITICO. “By changing the outdated regulation of suppressors to an instant background check, just like the requirements to purchase a typical firearm, I hope the sportsmen and women in the United States will have greater access to noise reduction technology as they carry the hunting and recreational shooting tradition to future generations.”

“If this bill passes,” said Texas & U.S. Law Shield Independent Program Attorney Michele Byington, “it will make suppressors Title I items like firearms—that is, not National Firearms Act devices—which means they will become more common and more widely transported. However, at least 10 states will likely ban suppressors even if this becomes law. About the same number of states have some kind of restriction on ammunition-feeding devices, also known as magazines. FOPA safe travel won’t do us much good if gun owners can still be arrested for magazines and accessories.”

“Attaching the HPA to a bill that should be easier to pass suggests that Congressional Republicans may have become serious about actually passing this,” she said. “Passing this bill would be a big win.” —Texas & U.S. Law Shield Staff

 

 

Check out these other great articles from U.S. Law Shield and click here to become a member:

 

The “purple paint law” became official in Texas on September 1, 1997. The law doesn’t appear to be common knowledge for every hunter in the Lone Star State, even though Texas hunting regulations describe it.
Can your employer restrict your ability to carry firearms at the workplace? Click to watch Emily Taylor, Independent Program Attorney with Walker & Byington, explain that in Texas, employers call the shots regarding workplace self-defense.
In this excerpt from a U.S. Law Shield News live report, watch Emily Taylor, independent program attorney with Walker & Byington, discuss the ground rules for carrying firearms into restaurants and bars. Click the video below to find out the significant differences between blue signs and red signs in Texas establishments, and how getting those colors crossed up could lead to some orange jumpsuit time.   If you would like to see these reports live on Facebook, click here to join the Texas Law Shield Facebook page and sign up for live notifications.
Tactics & Training

NSSF Applauds Bipartisan Introduction of Target and Marksmanship Training Support Act of 2017

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H.R. 788 would provide more money for public shooting range development, read more…

Source: National Shooting Sports Foundation

shooting instruction

The National Shooting Sports Foundation (NSSF), the trade association for the firearms, ammunition, hunting and shooting sports industries, has praised the bipartisan introduction of H.R. 788, the Target and Marksmanship Training Support Act of 2017 in the U.S. House of Representatives, sponsored by Rep. Duncan Hunter (R-Calif).

“This legislation would provide state fish and game agencies more flexibility to use Pittman Robertson excise taxes dollars raised from the sale of firearms and ammunition to enhance existing public shooting ranges and to build new ones to meet the growing need for additional places for target shooters to participate in their sport,” said Lawrence G. Keane, NSSF senior vice president and general counsel. “Public shooting ranges provide hunters a place to sight in rifles and shotguns before hunting seasons, for people to take firearm safety and hunter education courses and, for recreational target shooters to enjoy their sport.”

Joining Congressman Hunter are 23 original bipartisan cosponsors, including Reps. Jared Polis (D-Colo.), Henry Cuellar (D-Texas), Tim Walz (D-Minn.) and Peter Welch (D-Vt.).

Since 1937 almost $11 billion has been raised for wildlife conservation through the Pittman-Robertson excise tax on the sale of firearms and ammunition. States are permitted to use some of those funds for hunter education course and for public shooting ranges under a restrictive formula that has largely discouraged state agencies from building and enhancing public shooting ranges. The legislation would provide states greater flexibility on their ability to use Pittman Robertson excise tax funds by increasing the cap of federal funds accrued for the creation and maintenance of shooting ranges from 75 to 90 percent. This means states could begin work on range facilities with 10 percent matching funds, instead of the current 25 percent. It would also allow excise funds to be made available and accrue for five years for land acquisition or range construction.

In addition, the legislation would limit frivolous lawsuits that might result from the use of federal land for target practice and encourage federal agencies to cooperate with state and local authorities for maintenance of ranges on federal lands.

Target shooters are largely responsible for the funds derived through excise taxes from the sale of firearms and ammunition products. That money is directly responsible for habitat conservation, recreational shooting and wildlife management, making gun owners, hunters and manufacturers largest financial supporters of wildlife conservation throughout the United States.

Passage of H.R. 788, the Target and Marksmanship Training Support Act of 2017, would ensure that the Pittman-Robertson Act continues to maximize wildlife conservation.

The Target and Marksmanship Training Support Act was previously introduced H.R. 2406, the SHARE Act (Title II)  and the Bipartisan Sportsmen’s Act  in the last Congress as well as a stand-alone bill H.R. 2463  in the 113th Congress.

About NSSF
The National Shooting Sports Foundation is the trade association for the firearms industry. Its mission is to promote, protect and preserve hunting and the shooting sports. Formed in 1961, NSSF has a membership of more than 12,000 manufacturers, distributors, firearms retailers, shooting ranges, sportsmen’s organizations and publishers. For more information, visit www.nssf.org.

Industry News

What’s NOT New at 2017 SHOT Show!

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Shot Show LogoThis year’s NSSF SHOT Show was gargantuan. This is nothing new.  We’re talking about some major real estate being taken up at the Sands Expo Center. Thousands of square feet filled to the brim with booths, climbing 4 levels, not to mention the side rooms full of more booths. Each booth consists of an array of delights spanning everything from our favorite past-time (reloading,) to the uber hip suppressor, to AR builds, coolers, jerky, pistols, rifles, safes, ammo, anything “tacticool”, optics, knives, and more goodies than a guy can see in 3 days.

Again, this is nothing new…

Droves of People at SHOT ShowThere were a ton of people in attendance (second most attended SHOT Show ever) with people from over 100 countries mingling in an environment of mutual respect, passion for the industry, and common interest. Everyone in attendance may or may not have walked as far as we did. According to our fancy watches what tell us to move (or else!) we walked an average of 11 miles per day just at the show. Not new.

Some of the booths at this thing are multiple stories high. Not the Show itself, but the actual booths within the show. Not anything new, yet still mind boggling!

The Booths at SHOT Show

The overall message at the show was one of guarded optimism. This, somehow, wasn’t new either. At the State of the Industry Dinner we were told now was the time to work hard, and continue our efforts to ensure our freedoms were never trampled upon, and to be innovators, and to reach new enthusiasts. New? Thankfully, no.

The outdoor/shooting industry is still a leading jobs creator, as well as an economic center of excellence. Want to see the research for yourself? Check out the research center of the NSSF website right here! The numbers are new, but the sentiment is not.

Now, I know what you’re about to say, and the answer is yes, there were a ton of new products at the show. Over 500 brand new innovations for the consumer to adopt as early as this month. Am I going to write about them? No way. I don’t know them well enough to be of any service to you. You’ll find the press releases in the next segment, where we’ll look at what’s new. This is strictly the “What’s NOT New at SHOT Show 2017”

Row of new Pistols at SHOT ShowFinally, the best thing which wasn’t new at 2017 SHOT Show was the continuous thread of a shared philosophy. Call us enthusiasts, call us ammosexuals, call us deplorables, call us red necks, call us whatever you want. Just remember, there were about 70,000 of us gathered in the desert for no other reason than to look at the new guns and gear in our industry.

So, if/when a friend undoubtedly asks you what was new at this years SHOT Show, you can unflinchingly say, “Nothing! Aren’t you glad?”

lady with bald eagle

Want to see some other really cool stats on SHOT Show? Click Here for a great infographic from NSSF! The numbers are slightly dated, but you’ll get the idea.

Industry News

Sen. Sessions Stands Strong on Guns During Confirmation Hearing

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WASHINGTON – U.S. Senator Jeff Sessions (R-Ala.) took a firm position on Capitol Hill during two days of confirmation testimony for his nomination to be the next attorney general of the United States. Read more.

Fr. January 13, 2017
Source: nssfnews

sen. sessionsThe National Shooting Sports Foundation urged Sessions’ confirmation due to his commitment to gun ownership rights, respect for the Protection of Lawful Commerce in Arms Act and vow to enforce the gun laws already on the books.

A letter of support from NSSF’s Lawrence Keane, senior vice president and general counsel, was entered into the Senate record.

Sessions testified before the Senate Judiciary Committee on a wide range of topics. The former Attorney General for Alabama and U.S. Attorney for the Southern District of Alabama was clear on his stance with regard to guns. Sessions made it clear to his fellow senators that the Second Amendment would be respected as an individual right by the Trump administration.

“Well, I do believe the Second Amendment is a personal right,” Sessions said in response to questions. “It’s an historic right of the American people, and the Constitution protects that and explicitly states that. It’s just as much a part of the Constitution as any of the other great rights and liberties that we value. So my record is pretty clear on that.”

Sessions also took a stand against universal background checks, telling the committee that laws already on the books need to be effectively enforced. The idea of applying universal background checks to every gun transfer is not only unfeasible, but intrusive.

“Well, I believe in background check laws and many of them are appropriate,” Sessions explained. “But, in every instance –- there’s some instances when it’s not practical, let’s say. For example somebody inherited a gun from their grandfather. Those transactions I’m not sure should require that kind of universal background check.”

Sessions also testified that obstructive practices against the firearms industry would become a thing of the past. He was questioned by fellow senators on Operations Fast and Furious and Choke Point as examples of overreach by the attorney general’s office saying, “… I do believe it has a corrosive effect on public confidence in the constitutional republic of which we are sworn to uphold.”

Sessions responded to concerns from Senator Mike Crapo (R-Idaho) that Congress is still unable to determine if Operation Choke Point, an effort by the Department of Justice to lean on financial institutions to discriminate against businesses in the gun industry, has actually stopped. NSSF has worked with members in both the House of Representatives and the Senate to end the practice and the Federal Deposit Insurance Corporation (FDIC) issued a letter to banking and finance institutions to stop denying banking services based on broad categories versus financial risk.

Sessions told Crapo, “… a lawful business should not be attacked by having other lawful businesses pressured not to do business with the first business. That’s, to me -– it would be hard to justify.”

Sessions vowed to the Senate committee that scapegoating the firearms industry and lawful gun owners for the use of guns in crimes committed by individuals would come to an end. Sessions pointed to his own record as attorney general and the successes in Operations Trigger Lock and Project Exile where the might of the federal government should be wielded to vigorously prosecute those who commit crimes with guns.

“The first and foremost goal I think of law enforcement would be to identify persons who are dangerous, who have a tendency or have been proven to be law breakers and been convicted and those who are caught carrying guns during the commission of a crime,” he explained.

“If I am confirmed, we will systematically prosecute criminals who use guns in committing crimes,” Sessions added. “As United States attorney, my office was a national leader in gun prosecutions nearly every year. We were partners with state and local law enforcement to take down these major drug trafficking cartels and dismantle criminal gangs.”

Industry News

NSSF, SAAMI Will Get Day in Court in Microstamping Suit

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A California Appellate Court has reversed the Fresno Superior Court’s dismissal of the NSSF and SAAMI lawsuit seeking an injunction to block enforcement of the state’s ammunition microstamping law and remanded the case back to the lower court to hear arguments. Keep reading…

Source: NSSF Government Relations Update

microstamping
Microstamping uses laser-engraved codes on a firing pin with the idea of being able to trace a spent casing back to the gun that fired it. Results are inconclusive, and some say unreliable.

Gun manufacturers have the right to present evidence supporting their claim that technology does not exist to comply with a California law requiring new models of semi-automatic handguns to stamp identifying information on bullet casings, a state appeals court said Thursday [Dec. 1].

The ruling by the 5th District Court of Appeals in Fresno overturned a lower court ruling rejecting a lawsuit by two firearms trade associations [NSSF and SAAMI] that challenged the law. The appeals court sent the case back to the lower court for further consideration. “It would be illogical to uphold a requirement that is currently impossible to accomplish,” Justice Herbert Levy wrote for the appeals court.

Larry Keane, NSSF Senior Vice President and General Counsel: “We are pleased by today’s ruling because it means we will now be able to prove in court that this ill-considered law must be enjoined, because it is literally impossible to comply with its requirements, and the law never requires the impossible. We have long maintained that this nascent, unproven, and unreliable technology should not have been mandated.”

Supporters of the law signed by Gov. Arnold Schwarzenegger in 2007 touted it as a help to law enforcement in soliving gun crimes by allowing them to link bullet casings to specific guns. Hannah Shearer, a staff attorney at the San Francisco-based Law Center to Prevent Gun Violence, said that the argument that gun manufacturers can’t comply with the law is bogus and will be rejected by the trial court. “California’s microstamping law gives law enforcement a strong tool to investigate and solve gun crimes and also combat gun trafficking,” she said.

The law requires new handgun models to have a microscopic array of characters in two spots that identify the gun’s make, model, and serial number and that are transferred by imprinting on each cartridge case when the gun is fired.

State officials said gun manufacturers could comply with the law by putting two stamps on the firing pin. But the appeals court said the Legislature required dual microstamping to prevent criminals from defeating the process by defacing or removing the firing pin. Allowing two stamps on the firing pin would not serve that purpose, Justice Levy wrote.

Gun rights groups say it is not possible to microstamp two areas of a gun. Only the tip of the firing pin can be microstamped, and current technology doesn’t allow the stamp to reliably, consistently, and legibly imprint on the cartridge primer from that part of the gun, they claim.

The law was supposed to take effect in 2010 but was delayed because of patents on the technology, including at least one that had been bought up by a gun rights group to delay the law’s implementation.

The law doesn’t impact guns already on the state’s official firearm roster. Only new or modified semi-automatic handguns sold in California must be equipped with the technology. NSSF Senior Vice President Larry Keane said no new models of pistols have been introduced in California since the law took effect, and hundreds of pistols have been taken off the state’s firearm roster because even slight changes render the gun a new model. “When we ultimately prevail in this case, law-abiding consumers in California will once again be able to purchase new models of pistols this law currently prevents our industry members from selling in the state,” Keane said.

A separate lawsuit challenging the law on constitutional grounds is pending before a federal appeals court in San Francisco.

LINKS

Fast Facts on Microstamping .PDF 

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Smith & Wesson Makes Big #GUNVOTE Donation

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The National Shooting Sports Foundation (NSSF), the trade association for the firearms industry,  announced that Smith & Wesson has joined NSSF’s #GUNVOTE Chairman’s Club with a $500,000 contribution to the association’s critical voter registration and education campaign. This is the largest contribution the #GUNVOTE campaign has received to date.

“Smith & Wesson has set the bar high with this unprecedented half-million dollar contribution to our #GUNVOTE campaign,” said Lawrence Keane, NSSF Senior Vice President and General Counsel. “It is exactly that kind of commitment that will help ensure that our history and our rights will remain intact not just for us today.”

James Debney, CEO of Smith & Wesson, said, “We are honored to support this effort on behalf of our employees and especially the law-abiding firearm owners of Massachusetts, who have so recently been denied their fundamental rights through arbitrary government action that threatens to turn lawful gun owners and dealers into criminals. To stop this from happening elsewhere, it is imperative that citizens across our nation are informed and knowledgeable about their rights, their candidates and the importance of their vote in this critical election year.”

NSSF’s #GUNVOTE — www.gunvote.org — is a voter registration and education platform for use by firearms industry manufacturers, wholesaler distributors, retailers, ranges and media members that helps gun owners, hunters and target shooters to register to vote, to become informed on where the candidates in 2016 stand on gun control and conservation issues, and encourages them on election day, armed with the facts, to #GUNVOTE so they do not risk their rights.