And so it begins again...

 

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.

NSSF®’s Government Relations – State Affairs team is committed to defeating all egregious bills this session and will provide updates on the situation as the session unfolds. As we get more information in the coming days, we’ll follow up this alert with ways you can help us defeat this anti-industry bill.

Please comment on the attempt to end effective attempt at back door gun control by removing the possibility of funding to the firearms-related industry!  
Operation Choke Point is an un-Constitutional attempt at regulating something without going through any legislative process. 

 

FROM THE NSSF:

 

Comments Needed for Proposed Rule to End Banking Discrimination Against Firearm Industry

The Jan. 4 deadline to close comments on a proposed rule to ensure fair access to financial services is approaching and NSSF® needs every member to comment today. The Office of the Comptroller of the Currency proposed a rule that would ensure fair access to banking services by industries that are unfairly discriminated against by corporate banks and banking service companies through social responsibility campaigns. These industries include firearms and ammunition, along with oil and gas, private prisons and even cattle. This is the same discrimination Congress ended after discovering the unconstitutional Operation Choke Point, only now it’s gone private.

Read the article “Financial Discrimination Continues Against the Gun Industry” by Brian McCombie published in NRA’s America’s 1st Freedom and go to the Federal Register and comment today. Make your voice heard in Washington, D.C.

The ATF has announced that they are withdrawing their 

Here is the NSSF statement:

"NSSF had been engaging with manufacturers, distributors, retailers, as well as policymakers to highlight concerns surrounding the proposed guidance. NSSF was working to illustrate the potential impact this guidance would have had on the firearm industry. 


NSSF has long requested the ATF to publish objective criteria by which firearm manufacturers can readily produce firearms equipped with arm braces in compliance with the law. To date, the criteria is subjective and open to interpretation on a case-by-case basis. The guidance proposed by the ATF last week did little, unfortunately, to clear the ambiguity that exists with subjective criteria. 

NSSF is committed to working with the ATF, on behalf of firearm manufacturers, to establish objective criteria for stabilizing brace-equipped firearms. The firearm industry trade association will continue to monitor and provide updates on any further developments.  "

Here is a link to the ATF's withdrawal statement: https://nssfpdf.s3.amazonaws.com/sbcriteriawithdraw.pdf


Background:

The ATF has made a lot of news lately. First they met with Biden to discuss "priorities." And then they raided "Honey Badger" declaring their braces to be a SBR. Then they raided Polymer80 saying that kits that included an 80% receiver were somehow, a firearm even though the possession of the parts does not, and finishing the receiver by machining it and then assembling the kit, is also legal. There were stories that they took Polymer's customer list and were confiscating the kits as contraband. Rumor is that ATF was using an evidence form that allowed them to destroy the kits after the conclusion of their investigation INSTEAD of a normal evidence seizure form. 

The focus appears to have been the fact that the kits are shipped in one box whereas shipping them separately would be illegal. Figure that one out. However, following along the (non) logic that a plastic stock can somehow be a "machine gun" the ATF issued a statement that they were looking into pistol braces as a potential NFA item! https://d3uwh8jpzww49g.cloudfront.net/sharedmedia/1511333/2020-27857.pdf

 I suspect that this  is a temporary pause that will, unfortunately, be revisited this upcoming year with a much more anti-gun Administration.

   

Friday, 30 October 2020 08:32

SHOT Show 2021 cancelled!

Written by

Source: https://www.nssf.org/nssf-announces-2021-shot-show-cancellation/

"OCTOBER 30, 2020

NSSF ANNOUNCES 2021 SHOT SHOW CANCELLATION


Statement from NSSF® President & CEO Joe Bartozzi:

Due to the recent rise in COVID-19 cases throughout the world, NSSF, the firearm industry trade association, today makes the difficult announcement that the 2021 SHOT Show® has been canceled.

NSSF has remained in constant communication with Nevada officials throughout the year in our planning for the 2021 show. While there has been a concerted effort to expand the allowable levels for large gatherings by the county and state, with positivity rates peaking during our key planning period we have made the difficult decision to cancel the 2021 show. Sadly, these spikes are currently transpiring worldwide. Given the sheer complexities, diminishing timeline and immense logistical planning required to conduct a trade show as large as SHOT, NSSF simply could not move forward at this point with so many unknowns and variables. We truly appreciate the guidance of Nevada and Las Vegas officials in allowing us to communicate this news to our exhibitors and attendees well in advance of the show. We would also like to thank the Sands directly for their help and efforts to navigate this unprecedented situation.

The planning and work that has gone into the 2021 SHOT Show has been nothing short of remarkable. Since the pandemic began in early 2020, NSSF staff and our show partners have been working around the clock to plan our largest show in history while keeping the health and safety of all involved as paramount.

The support of our show exhibitors this year has also been nothing short of remarkable. With three months to go until the show, floor space for both the Sands Expo Center and our expansion to the new Caesars Forum was nearly sold out, with more companies than ever before represented at the SHOT Show.

All of this positions us for a 2022 SHOT Show that will be undoubtedly the best in our industry’s history, and we look forward to bringing our entire community together again at a show that will be one to remember.

During the coming year, NSSF asks for our industry’s unwavering support as we continue our fight to promote, protect and preserve our industry in these unsettling times.

Throughout this year, NSSF has remained at the forefront for our industry. As thousands of businesses across the country were shuttered as being “non-essential” during the pandemic, NSSF worked nonstop to have firearm retailers, ranges, manufacturers and distributors listed as “essential,” which allowed them to remain open for business.

NSSF is your trade association. Everything we do—from education, safety initiatives, compliance and security resources, import/export guidance, consumer activation initiatives, government relations and the SHOT Show—is aimed at helping businesses in our industry succeed. Now, more than ever, we need your continued support.

-30-

About NSSF
NSSF is the trade association for the firearm industry. Its mission is to promote, protect and preserve hunting and the shooting sports. Formed in 1961, NSSF has a membership of thousands of manufacturers, distributors, firearm retailers, shooting ranges, sportsmen’s organizations and publishers nationwide. For more information, visit nssf.org.

________________________

 

Media contact:
This email address is being protected from spambots. You need JavaScript enabled to view it."
203-426-1320 ext. 212

Thursday, 30 April 2020 14:18

SCOTUS to review potential cases Fri 5/1/2020

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From: https://www.yahoo.com/news/supreme-court-win-gun-control-204410207.html

 

"The justices are set to meet Friday for their private conference, during which they discuss cases before the court. On the agenda: at least six cases involving state and local firearms restrictions and the reach of the Second Amendment.

'The Supreme Court is well aware that they need to clarify the scope of the Second Amendment because presently, and Kavanaugh points this out, all the lower courts are doing is rubber stamping any gun law without giving it proper consideration,' said Matthew Larosiere, director of legal policy for the Firearms Policy Coalition."

 

This is a long legal process, so let's hope that they don't take too long. 

 

 

 

Monday, 27 April 2020 13:10

SCOTUS punts on NY case

Written by

And in other bad news for gun owners the US Supreme Court punted on the NY case (posted earlier). If you recall, NY quickly pulled the city's travel restrictions prior to the case being heard. Convenient. Very convenient.

SCOTUS decided that since it was rescinded that there was no need to further review. Of course, there is nothing to keep the city from simply re-enacting now, forcing it through the entire legal process....again.

2A advocates hoped that this would be a potential major victory in a clearly illegal order (even NY knows it), but it appears that we will have to wait for another suitable case. And unfortunately there is now precedent for the jurisdiction to simply halt their restrictions if they fear that they may get over-ruled. 

Article: https://www.nbcnews.com/politics/supreme-court/supreme-court-dodges-n-y-firearms-case-defeat-gun-rights-n1193286?cid=sm_npd_nn_fb_ma&fbclid=IwAR3uBWpkjtokPkEOaY3CT3ovUjqtWGnh8xh0o0bO4udiaw1l1jnCLOOq0_8

 

 

Updated 4/28: it appears that some members of the Court agree: https://finance.yahoo.com/news/dissenting-justices-claim-supreme-court-171809797.html

 

Thursday, 23 April 2020 18:23

Judge tosses out CA Ammo Purchase Law

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UPDATE: On Friday 4/24 the 9th Circuit of Appeals issued an EMERGENCY stay of the Judge's order. This was requested by the CA AG.

 

Repost of article: https://www.yahoo.com/news/judge-tosses-california-ammunition-purchase-233528521.html

 

SACRAMENTO, Calif. (AP) — A federal judge on Thursday blocked a California law requiring background checks for people buying ammunition, issuing a sharply worded rebuke of “onerous and convoluted” regulations that violate the constitutional right to bear arms.

U.S. District Judge Roger Benitez in San Diego ruled in favor of the California Rifle & Pistol Association, which asked him to stop the checks and related restrictions on ammo sales.

“The experiment has been tried. The casualties have been counted. California’s new ammunition background check law misfires and the Second Amendment rights of California citizens have been gravely injured,” Benitez wrote in a 120-page opinion granting the group's motion for a preliminary injunction.

Voters approved toughening California’s already strict firearms laws in 2016, and the restrictions took effect last July.

New York was the first state to require a comprehensive ammunition background check system for each sale, but it never took effect. That left California as the first to the extend firearm background checks to each ammunition sale.

Four other states — Connecticut, Illinois, Massachusetts and New Jersey — require buyers to undergo background checks to obtain firearms or ammunition licenses that they must show when buying bullets, according to the Giffords Law Center to Prevent Gun Violence.

Hannah Shearer, the center’s litigation director, called the ruling “a dangerous step in the wrong direction” at a time when gun stores are seeing increased sales to those worried about the effect of coronavirus on society or their safety.

“The law’s red tape and state database errors made it impossible for hundreds of thousands of law-abiding Californians to purchase ammunition for sport or self-defense,” said Chuck Michel, the association’s general counsel. “The court found that the flimsy reasons offered by the government to justify these constitutional infringements were inadequate.”

He expected the state to appeal the ruling. But in the meantime “Californians can sleep a little easier tonight knowing their Constitutional rights were restored and strengthened by this decision,” he said.

Gov. Gavin Newsom championed the law before he became governor, and spokeswoman Vicky Waters said his administration is disappointed by the decision and considering its next steps. "California’s strong gun safety laws help keep our schools and communities safe,” she said.

The state attorney general’s office said only that it is reviewing the decision. It did not immediately say if it will appeal or seek to stay the order, which takes effect immediately at a time when some California gun stores have been ordered shut because of the coronavirus. Among the places where the shops were not deemed essential businesses are Los Angeles and San Jose.

The same judge’s decision last year striking down the state’s ban on high-capacity ammunition magazines sparked a week-long buying frenzy before he halted sales while the state appeals his ruling. Gun owners similarly rushed to stockpile ammunition before the new restrictions took effect last summer.

Benitez called the ammunition background check law “onerous and convoluted” and “constitutionally defective.”

“Criminals, tyrants, and terrorists don’t do background checks,” he wrote. “The background check experiment defies common sense while unduly and severely burdening the Second Amendment rights of every responsible, gun-owning citizen desiring to lawfully buy ammunition.”

While it is intended to keep ammunition from criminals, it blocked sales to legitimate, law-abiding buyers about 16% of the time, he wrote. Moreover, he ruled that the state's ban on importing ammunition from outside California violates federal interstate commerce laws.

Attorney General Xavier Becerra said in a court filing earlier this month that the background checks stopped more than 750 people from buying bullets illegally from July 2019 through January 2020, not including those who didn’t even try because they knew they weren’t eligible.

The law requires buyers who already are in the state’s firearm background check database to pay a $1 fee each time they buy ammunition, while others can buy longer-term licenses if they do not have certain criminal convictions or mental health commitments.

It took an average of less than 5 minutes to complete the background checks, according to state court filings.

“There is no substantial impediment,” the state said in court documents. “Ammunition purchasers must pass an eligibility check that, in the vast majority of cases, delays a purchase by a few minutes.”

Benitez ruled that the ammunition law illegally locks out-of-state vendors out of California’s market, and that it conflicts with a federal law allowing gun owners to bring their firearms and ammunition through California.

The lawsuit by California Rifle & Pistol Association was joined by out-of-state ammunition sellers and California residents, including Kim Rhode. She has won six Olympic shooting medals.

Monday, 02 December 2019 16:48

Supreme Court hears arguments in NY Case

Written by

Updated 4/27: SCOTUS booted this issue without any ruling since NY scuttled the law prior to it being heard. This sets a horrible precedent because there is nothing to stop NY from simply re-enacting it as fast.

SCOTUS heard arguments today in the case against NYC disallowing gun owners from traveling outside their home/city.  This law was upheld by 2nd Circuit - however after SCOTUS agreed to hear the case NYC, fearing Court review, quickly changed the law and argued that the case was moot.

This is an important case because IMO if allowed to stand ANYTIME  the SCOTUS agrees to hear a case the law can quickly be changed to avert a ruling. What is to stop them from simply re-enacting the SAME law later? Nothing. And the entire legal process would have to start from step 1 again! Basically, un-Constitutional laws could be kept just by this side-stepping. Imagine the precedent that this would set.

Additionally, the City was unable to answer Justice Alito's question if residents would be able to stop to see their mother if on the way to the range.

This is a very good article on what happened today:
https://www.scotusblog.com/2019/12/argument-analysis-justices-focus-on-mootness-in-challenge-to-now-repealed-new-york-city-gun-rule/

 

I urge you contact your legislators because the magazine ban that did not get voted on this session (narrowly) WILL be back this January.
To make matters worse, even though they didn't get floor votes this past session they can skip the committee process again and go to vote, which the Speaker has promised as a priority.

See article here:
https://komonews.com/news/local/latest-mass-shootings-renew-effort-to-ban-high-capacity-ammunition-magazines?fbclid=IwAR18tswwwur2APn-jx_Ofg2fyPGNLi55mVYPQUvKmtuplSFEcnVUH3zf20o

Links to the Bills (House and Senate) are available here:
https://legiscan.com/WA/bill/HB1068/2019

 

This ban allows magazine usage on physical property (with permission) and at the range!

To get them to those locations you must carry them UNLOADED and separate.

THERE IS NO EXEMPTION FOR CCW!

 

There are a lot of firearms do not have 10 round variants, especially those that are out-of-production. This will essentially take those pistols out of LEGAL usage for CCW - by people ALREADY LEGALLY LICENSED to carry a pistol.
Of course, the concept of limiting to 10 is ridiculous itself. 10 is good but 15 is not? 2 x 10rd mags is 20. In the 10 years of the Federal "Assault Weapons Ban" did high-capacity mags disappear? I'll grant you that their prices sure did jump up, but they were far from gone.

Please remain vigilant and contact your legislators.

We know from other States' experience (CA, NY, etc) that first they grand-fathered, then registered, and then outright possession banned. The "nobody is coming for your guns" (and magazines and ammo) is simply not true. One only has to watch the POTUS debates to  see that.

I have received a lot of feedback about how WA State has become increasingly hostile to gun owners. I also ask if folks are contacting their legislators. I had decent luck with with mine. One even replied and followed up with questions to clarify my views.
I hope that if you are upset about what is happening you took the opportunity to do so, and if you didn't please do so next time.

So, a number of bills were passed. Gun owners were hit hard with a plethora of anti-gun bills - some of which even covered the same topic. Believe it or not, the MOST offending bills were defeated. There is no "assault weapons ban," no "magazine capacity limit" and no dismantling of State Preemption by allowing cities to arbitrarily and inconsistently declare "safe zones."

I think the NRA-ILA has the best and most concise summary of what passed (https://www.nraila.org/articles/20190509/washington-gov-inslee-signs-anti-gun-bills):

"On May 8th, Governor Jay Inslee signed into law a number of anti-gun bills that had been passed by the Legislature during the 2019 Legislative Session.

House Bill 1465, sponsored by Representative Roger Goodman (D-45), will require CPL holders to undergo a state background check on handgun purchases instead of the instant NICS check that is currently being conducted as a courtesy by the FBI.  Unfortunately, beginning July 1st, the FBI will no longer be conducting these courtesy NICS checks for CPL holders.

House Bill 1786, sponsored by Representative Laurie Jinkins (D-27), will expand firearm seizures to a wider range of protective orders with little to no due process, and in some cases, will remove a judge’s discretion as to whether to impose firearm restrictions upon respondents of protective orders.

Senate Bill 5027, sponsored by Senator David Frockt (D-46), will expand Washington’s existing Extreme Risk Protection Orders (ERPO) by affirming that the ERPO can be issued against minors while also infringing upon the self-defense rights of law-abiding parents or others in the household without due process.

Senate Bill 5181, sponsored by Senator Kuderer, will suspend Second Amendment rights without due process for six months from individuals who are admitted for a 72-hour mental health evaluation, but who are not subsequently involuntarily committed.

Fortunately, Gov. Inslee did sign House Bill 1934 into law.  Sponsored by Representative Michelle Caldier (R-26), HB 1934 will allow military members who are stationed or assigned out-of-state to renew their CPL by mail." 

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