NCLA to Present Oral Arguments in Bump Stock Case

WHO: NCLA Litigation Counsel, Caleb Kruckenberg

WHAT: NCLA will present oral arguments via teleconference before the U.S. Court of Appeals for the Tenth Circuit in the case of Aposhian v BarrNCLA is challenging ATF’s Final Rule that went into effect on March 26, 2019 banning bump stock devices, on behalf of Clark Aposhian of Salt Lake City, Utah. After a panel of the Tenth Circuit upheld the Final Rule in a split decision, the en banc Court vacated that decision and ordered the parties to answer important questions about the application of Chevron deference. At issue, in this case, is whether a court can apply Chevron deference even when an administrative agency declines to invoke it. For more information visit the case page here.

WHERE: Follow this link to listen live: https://www.youtube.com/watch?v=HS425e5i2TI

WHEN: Wednesday, January 28, 2021, at 1:00 pm EST

Washington State Magazine Ban Scheduled in Senate Committee

NSSF Needs Your Help in Opposing this Bill

NSSF® has been working on your behalf this session to kill a multitude of anti-firearm industry bills at the legislature and to inform you about all legislation impacting your business and the industry in general.

Last week we informed you about SB 5078, which if passed would make it a criminal offense to manufacture, possess, distribute, import, sell, purchase or transfer a magazine with a capacity greater than 10 rounds. Read more

Judge Rules New York Lawsuit Against NRA Can Proceed

A New York State Supreme Court judge has ruled the a lawsuit from the state against the National Rifle Association can proceed. Last week the NRA announced its intent to file for Chapter 11 bankruptcy and reincorporate in Texas. In their motion to dismiss, the NRA asked the court to prevent New York Attorney General Letitia James from suing in state court and change the venue to Albany. In his ruling, Judge Joel Cohen ruled, “it would be inappropriate in these circumstances to find that the attorney general cannot pursue her claims in state court just because one of the defendants would prefer to proceed in federal court.”

SAF Sues BATFE Over Arm Brace Violations

The Second Amendment Foundation today filed a lawsuit in federal district court against the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Department of Justice, alleging violations of the Administrative Procedures Act relating to its flip-flop regulation of arm braces on semiautomatic pistols.

SAF is joined by Rainier Arms, LLC and two private citizens, Samuel Walley and William Green. The lawsuit also names acting ATF Director Regina Lombardo and Acting Attorney General Jeffrey Rosen, in their official capacities. The lawsuit was filed in U.S. District Court for the Northern District of Texas, Dallas Division. The case is known as SAF et. al. v. BATFE, et. al.

“There are several issues at play in this case,” said SAF founder and Executive Vice President Alan M. Gottlieb. “It concerns the failure of the agencies and its officials to abide by long-established and Congressionally-mandated rulemaking requirements, threatening rights protected by the Second Amendment. This is especially important to disabled persons because these devices were originally developed to benefit shooters with physical disabilities. Read more

NRA Announces Reincorporation Plan

The NRA announced a restructuring plan that positions us for the long-term and ensures our continued success as the nation’s leading advocate for constitutional freedom – free from the toxic political environment of New York.

The plan can be summed up quite simply: We are DUMPING New York, and we are pursuing plans to reincorporate the NRA in Texas.

To facilitate the strategic plan and restructuring, the NRA and one of its subsidiaries filed voluntary chapter 11 petitions in the United States Bankruptcy Court for the Northern District of Texas, Dallas Division. As you may know, chapter 11 proceedings are often utilized by businesses, nonprofits and organizations of all kinds to streamline legal and financial affairs.

Under the plan, the NRA will continue what we’ve always done – confronting anti-gun, anti-self-defense and anti-hunting activities and promoting constitutional advocacy that helps law-abiding Americans. Our work will continue as it always has. No major changes are expected to the NRA’s operations or workforce.

Importantly, our plans do not impact your membership at any level. Read more

Virginia Legislator Proposes Background Checks for Gun Rentals

Contact Your Elected Officials in Opposition to SB1250 Today

Virginia state Senator Creigh Deeds (D-25) offered Senate Bill 1250, which would expand background checks for firearm transfers to include rentals of firearms. As introduced, the legislation adds the term “rent” to “include a temporary change in dominion or control of a firearm for use at or on the premises of a dealer’s business location in exchange for money or other consideration.” Because federal law does not allow a NICS check for rentals, the legislation would allow the Virginia State Police to conduct a Virginia state criminal history record information check instead.

NSSF® opposes SB 1250 because a rental does not constitute a transfer as defined by federal law. Additionally, such a requirement would have a detrimental impact on ranges and the safe environment they create for those wishing to learn to use firearms and will overload the background check system for legitimate firearm transfers.

Please contact your elected officials today in opposition to SB 1250. Find out who represents you in the Virginia General Assembly here.

CCRKBA: Seattle’s 2020 Homicides Proves Gun Tax Fraud

BELLEVUE, WA – A 61 percent increase in homicides last year is proof positive Seattle’s egregious tax on firearms and ammunition sales amounts to a fraud and should immediately be repealed, the Citizens Committee for the Right to Keep and Bear Arms said today.

“Seattle city leaders rammed through this gun tax over our objections back in 2015,” CCRKBA Chairman Alan Gottlieb recalled. “It has never come close to creating the tax revenue that was predicted, and the number of homicides and non-fatal shootings has not gone down. Claims that this tax would help reduce violent crime amounted to nothing more than a snake oil sales pitch.”

Published reports place the number of murders in the city last year at 50, up from the 31 posted in 2019. It is also up dramatically from the 32 killings in 2018 and 27 logged in 2017, according to Seattle Police Department data.

“The gun tax was an outrage when it was adopted and now it is officially a disastrous failure,” Gottlieb observed. “The tax literally drove business out of the city and into a neighboring county, resulting in a loss of revenue, and it’s pretty clear the actual intent was to push gun stores out and make it harder for Seattle residents to purchase firearms and ammunition. Obviously, when you do that, only criminals will be armed and crime will go up. Read more

SAF: Biden’s Tweet an Attack on Gun Owners

BELLEVUE, WA – Joe Biden’s Twitter message to former Congresswoman Gabby Giffords may read like a threat against one gun rights organization, but it is really an attack on every gun owner in the nation, the Second Amendment Foundation said today.

Biden pledged to work with Giffords on her extremist gun control agenda, and promised to “defeat the NRA,” in the process, but SAF founder and Executive Vice President Alan M. Gottlieb said that’s just cover for a bigger goal.

“Joe Biden has labored relentlessly for decades to reduce the Second Amendment to rubble,” Gottlieb stated. “He may attack one group by name, but his goal is to crush the rights of every gun owner in our country.

“By attacking the Second Amendment Rights of 100 million Americans,” Gottlieb continued, “Biden is not bringing us together but dividing us further. If people take to the streets in protest, if violence occurs it will be his fault and he should be impeached for violating our constitutional rights and inciting violence. Maybe it is time to ban him from Twitter and Facebook!” Read more

NSSF: Help Make Sure the FIND Act Becomes Law in Kentucky

HELP to Make Sure the FIND Act Becomes Law in Kentucky

In recent years, the firearm and ammunition industry has been the target of discrimination by the financial industry including banks, payment processing companies, insurance providers and others. On Wednesday, a bill was introduced in Kentucky to combat these practices. House Bill 175, the Firearm Industry Nondiscrimination (FIND) Act would ensure firearm industry members have fair access to financial services in the Bluegrass State. NSSF® thanks Rep. Savannah Maddox, Rep. Mark Hart, Rep. Phillip Pratt, and Rep. Brandon Reed for sponsoring this important legislation.

NSSF needs your assistance to make sure the FIND Act becomes law and there are two ways you can help:

  1. We need real-world examples to show legislators how common financial discrimination against our industry really is in Kentucky. If you have experienced financial discrimination because of your involvement in the firearm industry and would be willing to share your story with legislators via written or in-person testimony, please reach out to Chris Lee, our Midwest Director of Government Relations – State Affairs at clee@nssf.org or (203) 434-4330.
  2. Contact your state representative to ask that they sign on as a co-sponsor to House Bill 175. You can look up the contact information for your state representative by clicking here.

Washington State Legislature to Introduce ‘Large Capacity’ Magazine, Open Carry Bans

Washington State Legislature to Introduce “Large Capacity” Magazine Ban

What You Need to Know About SB 5078

Over the past few legislative cycles in Washington State, the firearm industry has been successful in narrowly stopping multiple efforts by the legislature to ban “large capacity magazines” and modern sporting rifles (MSRs) or what is being termed as “assault rifles.”

It appears 2021 will be more of the same in the Evergreen State. NSSF’s Government Relations – State Affairs team learned SB 5078 has been prefilled. If enacted, SB 5078 would make it a criminal offense to manufacture, possess, distribute, import, sell, purchase or transfer a magazine with a capacity greater than 10 rounds.

Additionally, SB 5038 was introduced and while mostly focused on banning an individual’s right to open carry, it also contains a troubling provision for retailers. It gives municipalities some authority to use zoning ordinances for the purposes of limiting the lawful commerce and location of firearm retailers. Read more

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