NSSF's weekly briefing of critical industry-related legislative, regulatory and legal news
May 19, 2023       l        View it in your browser.
NSSF - The Firearm Industry Trade Association

 
• Top News •
SCOTUS Leaves in Place Illinois MSR Ban

SCOTUSThe U.S. Supreme Court declined an appeal to block Illinois’ ban on Modern Sporting Rifles (MSRs) and standard-capacity magazines, allowing the law to take effect, for now. The ruling allows for the lower courts to deliberate on whether or not Illinois’ ban violates the Second Amendment and is contrary to the holdings of the Heller and Bruen decisions. The U.S. Court of Appeals for the Seventh Circuit is currently considering the case. The Supreme Court’s decision wasn’t entirely unexpected as justices will often defer to lower courts to decide cases before weighing in. Regardless of the decision by the 7th Circuit, the challenge is expected to be appealed to the Supreme Court by either the plaintiffs or Illinois. Should that happen, the Supreme Court will apply the Bruen precedent of considering the historic tradition, of which there is none when it comes to banning commonly-owned firearms. There are more than 24.4 million MSRs in circulation today.
NSSF Recognizes Four Former Sheriffs in Congress During National Police Week 2023

Rep. RutherfordNSSF recognized four former sheriffs serving in Congress as Real Solutions.® Champions during National Police Week 2023. U.S. Reps. John Rutherford (R-Fla.), Mike Ezell (R-Miss.), Troy Nehls (R-Texas) and Clay Higgins (R-La.) were presented awards for their contributions to keeping communities safe in their law enforcement and Congressional careers. These four Congressmen embody the ethos of NSSF’s Real Solutions. Safer Communities.® campaign to ensure firearms remain beyond the reach of those who cannot be trusted to possess them while respecting and preserving Second Amendment rights. “NSSF is proud to recognize these four Members of Congress who have dedicated their lives to serving and protecting their communities – first while wearing a badge to enforce laws in their counties and presently as representatives of their districts in Congress,” said NSSF’s Larry Keane in a press release.
President Biden Calling for More Gun Control, Ban on MSRs

USA TodayPresident Joe Biden took to the pages of USA Today on the Buffalo tragedy anniversary to call for increased gun control, including a new federal ban on Modern Sporting Rifles (MSRs). “I’m doing everything I can to reduce gun violence, but Congress must do more,” the president wrote. “I have already taken more meaningful executive action to reduce gun violence than any other president, and I will continue to pursue every legal and effective action. But my power is not absolute.” The president repeated the false claim that “guns are the number one killer of children and teens in America.” President Biden also repeated the lie that gun manufacturers have liability immunity and demanded that the Protection of Lawful Commerce in Arms Act (PLCAA) be repealed. In Congress, not even all Democrats in the U.S. Senate support reinstating a federal ban on MSRs, of which there are more than 24.4 million in private circulation since 1990 and public opposition to a federal ban has outpaced support and reached near 50 percent.
Chicago Prosecutor Heading for the Hills Amid Growing Crime

Chicago ProsecutorResidents of Chicago have faced a rough few years. Their mayor refused to take crime seriously and as a consequence was roundly rejected for reelection. The county State’s Attorney refused to hold violent criminals accountable even when their heinous acts were caught on camera. Now it’s so bad with little signs of positive change ahead that one veteran city prosecutor is calling it quits and moving his family. On his way out the door, 20-year felony trial attorney Jason Poje criticized the city’s leadership in a mic drop letter. “The simple fact is that this State and County have set themselves on a course to disaster,” he wrote. Read Larry Keane’s article.
• Federal News •
Sen. Murphy’s ‘Popular Revolt’ Threat Troubling

Sen. MurphyU.S. Sen. Chris Murphy (D-Conn.) is revealing his true colors and they’re not flattering. Sen. Murphy was a guest on NBC’s “Meet the Press” when he ominously and recklessly warned of a “popular revolt” if the U.S. Supreme Court doesn’t rubber-stamp an unconstitutional gun control agenda that he and the Biden administration are attempting to force on the American people. This dangerous rhetoric would be labeled “seditious” or “treasonous” had a Republican lawmaker uttered it. So far, there has been deafening silence by those same lawmakers that rightfully decried the Jan. 6 violence on Capitol Hill. That doesn’t excuse the senator’s remarks that seem to offer a wink-and-a-nod to those who would seize the moment to lash out at best or at worst invite and incite violence against the government institutions that protect the rights of the American people. Read Larry Keane’s column published in The Federalist.

Biden Administration Ignores Science to Push Traditional Ammunition Bans

Rep. WhittmanThe U.S. House of Representatives’ Natural Resources Subcommittee on Water, Wildlife and Fisheries held a hearing to discuss Rep. Rob Wittman’s (R-Va.) H.R. 615, Protecting Access for Hunters and Anglers Act. This NSSF-supported legislation would require the Secretaries of the Interior and Agriculture to provide site-specific peer-reviewed scientific data that demonstrates traditional lead ammunition or fishing tackle is causing detrimental wildlife population impacts before prohibiting their use by hunters and anglers. The bill is in response to the U.S. Fish & Wildlife Service (USFWS) pulling a bait-and-switch that put hunters and anglers in a bind last year by opening up more National Wildlife Refuges for hunting and fishing, but at the same time outlawing the use of traditional lead ammunition and lead fishing tackle. The Biden administration’s Department of the Interior Deputy Assistant Secretary for Fish and Wildlife and Parks testified and essentially said, “We don’t need scientific studies. Trust us.” Read Larry Keane’s article on why that’s going to be a problem.

NSSF Profile Q & A: U.S. Rep. Cory Mills (R-Fla.)

Rep. Cory MillsU.S. Rep. Cory Mills is a U.S. Army combat veteran and is serving in his first term in Congress. He serves on the U.S. House of Representatives Committees on Armed Services and Foreign Affairs. When he was young, Rep. Mills’ grandfather introduced him to hunting and shooting sports. He explained, “We didn’t have a lot of money, so when we hunted, we would store the meat in a large freezer to eat for a long period of time.” To this day, the congressman’s favorite hunting activity is deer hunting, and he enjoys long range and precision fire shooting as well. In Congress, Rep. Mills believes one of the greatest challenges today is the availability and cost of ammunition and hunting land, especially in Florida where there are currently more than 900 people moving into the Sunshine State every day. Read Rep. Mills’ full NSSF profile Q&A here.

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NSSF’s Government Relations – Federal Affairs team tracks legislation that could potentially impact industry businesses. Congress introduces thousands of pieces of legislation and on average, just over 100 actually become law. While NSSF monitors legislation, not every bill is a serious consideration. To learn more about federal legislation relevant to the firearm and ammunition industry, follow along NSSF’s Federal Legislation Tracker here.

• State News •
Nevada Governor Vetoes 3 Gun Control Bills

Gov. LombardoThree gun control bills were vetoed by Nevada’s Gov. Joe Lombardo, who is also the former Clark County sheriff, Guns.com reported. Sent back to the state legislature were Assembly Bills 354 and 355, as well as Senate Bill 171. “I will not support legislation that infringes on the constitutional rights of Nevadans,” Gov. Lombardo said in a press release. The bills would have banned possessing firearms within 100 feet of polling places as well as redefined what constitutes firearm frames and receivers under state law; stripped the Second Amendment rights of adults between the age of 18 and 20 years old by prohibiting them from possessing semiautomatic rifles and shotguns, and also aimed to establish a mandatory gun lock law; and expanded the state’s prohibited person categories for certain misdemeanor crimes. “Governor Lombardo delivered on his promise to protect the rights of law-abiding citizens and their ability to exercise their Second Amendment rights,” NSSF’s Mark Oliva said. 
Idaho AG Leads 19-State Amicus Supporting NSSF’s Challenge to N.J. Law

AG LabradorIdaho’s Attorney General Raúl Labrador led 19 states in filing an amicus brief supporting NSSF’s challenge in the U.S. Court of Appeals for the Third Circuit to New Jersey’s public nuisance law that would allow lawsuits against the firearm industry for the criminal actions of remote third parties. AG Labrador says Idaho has a sovereign interest in regulating these businesses as it sees fit and ensuring they are protected from extreme policy initiatives of other states. New Jersey’s national attack on gun industry members also threatens to interfere with the rights of citizens in Idaho to keep and bear arms. AG Labrador believes states should not punish firearm businesses operating lawfully for the actions of criminals, adding that New Jersey fails to understand that evil people pull the trigger, not the manufacturers of the guns.
Tenn. Gov. Signs Law to Protect Firearm Businesses

Gov. LeeTennessee Gov. Bill Lee signed off on legislation to protect the firearm industry against frivolous civil lawsuits. The protections are similar to those in the Protection of Lawful Commerce in Arms Act (PLCAA), which prohibits frivolous lawsuits against the firearm industry for the criminal actions and damages caused by remote third parties. State Sen. Joey Hensley, the bill’s sponsor, said the bill aims to help out businesses in Tennessee’s booming firearm industry. Tennessee is home to Beretta USA, Barrett Firearms Manufacturing, which was recently acquired by Australia’s NIOA, and Smith & Wesson, which is constructing a new headquarters and expanded production facility expected to be opened later this year.
Minnesota Senate Passes Gun Control Laws, Including ‘Red Flag Law’

Minn LegislatorMinnesota legislators passed a large gun control package through both chambers and sent it to Gov. Tim Walz for signature, which he pledged to do, according to Fox News. Included in the package is the creation of a so-called “red flag” law that will allow authorities to confiscate firearms from someone accused of not being able to possess them, without guaranteeing their Constitutional right to Due Process. The gun control package also expands background check requirements to include private transfers of pistols and semiautomatic rifles, or so-called “assault rifles” as the Democratic bill describes them. NSSF does not oppose red flag laws so long as Due Process rights are protected, which they are not in this bill. NSSF will continue to monitor.
Maryland Gov. Signs New Gun Control Laws

Gov. MooreMaryland Gov. Wes Moore signed several gun control measures into law and the NRA quickly filed a federal lawsuit against them. Among the new laws, Maryland will no longer require a “good and substantial reason” for applying for concealed carry permits but restricts where permit holders can carry firearms. Another law expands requirements and procedures that relate to the issuance and renewal of a permit to wear, carry or transport a handgun and increased application fees from $50 to $125 and renewal fees from $50 to $75. Another law mandates home storage requirements so owners cannot store a loaded firearm in a place where an unsupervised child might have access. NSSF supports voluntarily home storage for firearms not in use that best meets the needs of a gun owner but opposes unconstitutional mandates.
Hawaii Passes ‘Public Nuisance’ Bill to Allow Gun Business Lawsuits

Gov. GreenHawaii’s Gov. Josh Green signed HB 426 HD1 into law, allowing civil lawsuits against firearm businesses for the criminal actions of remote third parties. The law is similar to those in New York, New Jersey, Delaware, California and Washington. It bars firearm manufacturers from selling a “firearm-related product” — a catch-all description for whole guns and parts that can be privately assembled — that is “abnormally” dangerous with an “unreasonable risk of harm” to the public, beyond a gun’s inherent destructive ability. What constitutes that “unreasonable risk” is whether the firearm is designed for purposes other than self-defense, hunting or sport and whether the manufacturer promotes its product’s potential for illegal modification and markets to minors or people prohibited from accessing guns. NSSF intends to challenge this law.
N.D. Gov. Signs Second Amendment Financial Privacy Act

Gov. BurgumNorth Dakota Gov. Doug Burgum signed into law H.B. 187, the Second Amendment Financial Privacy Act, that prohibits financial institutions from requiring a special Merchant Category Code (MCC) to track purchases made at firearm retailers. This law, a priority of NSSF, protects customers from being unwittingly added to a back-door registry through lists made available to government agencies by private businesses. Credit card companies announced earlier this year that they “paused” plans to implement the MCC after states began passing laws barring their use. North Dakota is the latest state to take steps to protect customers at firearm retailers. The law goes into effect Aug. 1.
Second Amendment Financial Privacy Act Moves to Texas Senate

Texas SenateTexas’ Second Amendment Financial Privacy Act, HB 2837 sponsored by state Rep. Matt Schaefer, passed the state House of Representatives by a vote of 89-56 and recently passed the Senate State Affairs Committee by a vote of 8-3. This bill takes the steps necessary to ensure that financial institutions and credit card companies are prohibited from using a Merchant Category Code (MCC) to track and share customers’ private financial information when they purchase firearms, ammunition and related accessories at firearm retail stores. The bill protects gun owners from political and financial retaliation for exercising their Second Amendment rights and the possibility of a “back-door” firearm ownership registry from being established. It will now be considered in the full state Senate and NSSF will continue to monitor for updates.
South Carolina to Allow Sunday Hunting on Public Land

SCAfter a three-year effort by NSSF, the Congressional Sportsmen’s Foundation, Delta Waterfowl, Safari Club International, NRA and others, South Carolina will allow Sunday hunting on select Wildlife Management Areas (WMAs) and federal lands this coming fall. The culmination was several years of work spearheaded by South Carolina state Rep. Bobby Cox. While legislative efforts were unsuccessful, conversations with the South Carolina Department of Natural Resources (DNR), along with elected officials, ultimately created a win for hunters. The regulations adopted by South Carolina DNR will allow Sunday hunting on eight WMAs and two National Forests.
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NSSF’s Government Relations – State Affairs team tracks legislation that could potentially impact industry businesses. State legislators introduce hundreds of bills in state capitols. Some states have short legislative sessions while others run year-round. While NSSF monitors legislation, not every bill is a serious consideration. To learn more about state legislation relevant to the firearm and ammunition industry, follow along NSSF's State Legislation Tracker here.

• In Other News •
NSSF, USFWS and Taurus Release “Partner with a Payer” Video

Partner with a PayerNSSF visited with Taurus Holdings, Inc., in support of the “Partner with a Payer®” initiative by the U.S. Fish & Wildlife Service (USFWS), releasing another video in the series. In this video, titled “Building Our Partnerships,” the world-class manufacturing facilities at Taurus are showcased, which have been vital to assisting the state of Georgia and the Department of Natural Resources (DNR) in their economic development of creating and maintaining resources for the public to utilize for outdoor activities. “This is a win-win situation for everyone involved,” said Tom Decker, Brand Manager, USFWS. “Having more public resources, like this shooting range, made available around the country is very important to our business,” added Bret Vorhees, President and CEO of Taurus Holdings, Inc. “Without our contribution of excise taxes and the state fish and wildlife agencies’ dedication to managing these funding opportunities, initiatives like these wouldn’t be possible.” Watch the video here.
NSSF, Members of Congress File Amicus Briefs in Mexico Appeal

MexicoNSSF and 39 U.S. Senators and Members of Congress, led by Sen. Ted Cruz (R-Texas) and Rep. Mike Johnson (R-La.), filed separate amicus briefs in the appeal by Mexico to keep their frivolous lawsuit alive against several firearm manufacturers. NSSF’s brief contends the Protection of Lawful Commerce in Arms Act (PLCAA) protects the firearm industry from lawsuits arising from the criminal misuse of firearms by remote third parties. The Congressional amicus brief calls Mexico’s lawsuit “an affront to U.S. sovereignty.”  Mexico v. Smith & Wesson, et al was dismissed by a federal court last year and Mexico appealed to the U.S. Court of Appeals for the First District. Mexico is seeking $10 billion in damages claiming negligence and public nuisance, among other claims, alleging U.S. manufacturers are responsible for firearms being illegally smuggled and used in crimes in Mexico. Mexico has refused to confront and hold accountable narco-terrorists within their own borders.
Real Solutions Toolkit Available to Members

Real Solutions ToolkitNSSF’s Real Solutions. Safer Communities.® Industry Toolkit is ready and available for members of the firearm industry for download. Industry members are encouraged to use the ready-made materials that can be found here to share on their social media, websites and printed materials with customers, supporters, employees and stakeholders. NSSF’s Real Solutions® campaign is a member-supported initiative that includes several firearm safety programs that have proven effective at reducing the criminal misuse of firearms and safeguarding firearms from prohibited individuals and those who should not possess them.

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