by The NSSF has been putting out a lot of instructional videos lately. One of the latest is how to get your eyes on target faster when wingshooting. After seeing the video the thought came to me that the techniques as well as the mechanics of how the eye works would apply for more than wingshooting. If the target – or bad guy – is moving, how the eye acquires the target is going to be the same whether you are using a shotgun, an AR-15, or a Glock.
NSSF
The Month After Tucson
NSSF is reporting that the adjusted NICS checks for the month of February 2011 are up 13.6% over the previous year.
The February 2011 NSSF-adjusted National Instant Criminal Background Check System (NICS) figure of 963,746 is an increase of 13.6 percent over the NSSF-adjusted NICS figure of 848,036 from February 2010. For comparison, the unadjusted February 2011 NICS figure of 1,463,138 is an increase of 18.2 percent over the unadjusted NICS figure of 1,237,617 from February 2010. The adjusted NICS data was derived by NSSF by subtracting out all NICS purpose code permit checks used by several states such as Kentucky, Iowa and Utah for CCW permit application checks as well as checks on active CCW permit databases. While not a direct correlation to firearms sales, the NSSF-adjusted NICS data provides a more accurate picture of current market conditions.
 |
|
| Courtesy of NSSF |
The raw data directly from the FBI can be seen here. It breaks out NICS checks by state.
Looking at the bar chart above, you can see the spike in sales in February 2009 as compared to February 2008. I think it can be reasonably assumed that this is due to the spike in gun sales nationwide beginning with the election of President Barack Obama. The heavy surge in gun sales has moderated by February 2010 as the fear over new gun control measures has started to abate. However, after the shootings in Tucson and the clamor for more gun control, NICS checks (and presumably sales) surge even higher than after the election of Obama.
Looking at the raw numbers, some states like Georgia, North Carolina, Pennsylvania, and Texas show increases of more than 10,000 checks over the January 2011 numbers. While past history tends to show more sales in February than in January (due, in part, I presume to leftover bills from Christmas), the increases this year are substantially more than in previous years.
NSSF Opposes Nominee Tied To Eliot Spitzer
The NSSF released this about an hour ago on their blog about Caitlin Halligan who is nominated as a Circuit Judge for the U.S. Court of Appeals for the District of Columbia.
The Senate Judiciary Committee is slated to vote later today on the nomination of Caitlin Halligan to the U.S. Court of Appeals for the District of Columbia. Ms. Halligan previously served as Solicitor General under then-New York State Attorney General Eliot Spitzer while he was suing members of the firearms industry. As New York’s Solicitor General, Halligan signed the brief in People of the State of New York v. Sturm, Ruger & Co, Inc., et al arguing that the lawful and highly regulated sale of firearms somehow created a ”public nuisance.” The New York appellate decision roundly rejected her arguments and upheld the dismissal of the case. Later, she filed an amicus brief in City of New York v. Beretta U.S.A. Corp. in support of the Giuliani/Bloomberg lawsuit against members of our industry arguing that the Protection of Lawful Commerce in Arms Act (PLCAA) was unconstitutional. Every appellate court in the nation has rejected that argument and not a single federal court judge has ever agreed, not even Brooklyn, N.Y., federal court judge Jack B. Weinstein whose ruling Halligan was seeking to have overturned.
Her specious arguments as Solicitor General in support of baseless lawsuits designed to destroy America’s firearms industry raise important questions about whether Ms. Halligan is qualified to serve as a federal appellate court judge.
Unfortunately, the Senate Judiciary Committee has held the vote on Halligan and approved her nomination by a 10 to 8 vote. I am presuming it was along party lines. Of the votes taken during their business meeting, the vote on Halligan was the only one with a roll call vote. If her nomination is to be stopped, it will be on the floor of the Senate.
NSSF Releases Letter Opposing Multi-Rifle Sale Reporting
From the NSSF:
The National Shooting Sports Foundation (NSSF) sent a letter yesterday to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Office of Management and Budget commenting on ATF’s proposal to require as part of a year-long “pilot program” that federally licensed firearms retailers in Texas, New Mexico, Arizona and California report to ATF the multiple sales of certain rifles (Federal Register, December 17, 2010).
In its letter, NSSF explains that it respectfully disagrees with ATF’s proposal because Congress has not provided ATF the legal authority under the Gun Control Act to impose this reporting requirement and, perhaps more importantly, because NSSF believes that this reporting requirement will actually make it more difficult for firearms retailers to help law enforcement since illegal firearms traffickers will easily modify their illegal schemes to circumvent the new reporting requirement.
While NSSF opposes ATF’s proposal, it remains committed to strongly encouraging all firearms retailers to contact ATF whenever they suspect an illegal straw purchase or other efforts to acquire firearms for illegal purposes.
The NSSF’s letter can be found here.
I found this part of their letter particularly interesting.
The information collection request published by ATF in the Federal Register (75 Fed. Reg. 79021, Dec. 17, 2010) is inconsistent with public statements by ATF (See remarks by Acting ATF Director Ken Melson, December 20, 2010 at http://www.atf.gov/press/releases/2010/12/122010-hdqrts-melson-webcast.html, “ATF Remarks”) and subsequent news reports. First, the information collection request itself applies to all federal firearms licensees everywhere in the United States. It is not geographically limited to licensed firearms dealers located in Texas, New Mexico, Arizona and California (See ATF Remarks, supra). The notice does not say the collection of information will be for one year, as stated by Acting Director Melson.
The notice also underestimates the burden on licensees. ATF appears assume that only one form per dealer will be filled out per year. Not basis is set forth for this conclusion and we are left to speculate. The time estimate of 12 minutes we believe underestimates the burden on small dealers especially those that have not sold handguns and are not familiar will completing the multiple sales form for handguns. The burden and cost to dealers is also not limited to filling out the form itself. ATF underestimates the burden and cost to dealers – particularly small dealers – to implement processes to ensure compliance wit this new reporting requirement, e.g. that one employee doesn’t accidentally sell and fail to report a perfectly legal rifle to a customer to whom another employee sold a rifle within the five day window.
Buyers will no longer be protected by FOPA. Never before, not even in situations where demand-letters have been permitted, has the required information included the identity of the transferors. Blaustein & Reich, Inc. v. Buckles, 365 F.3d 281 (4th Cir. 2004).
Illinois Senators Send Letter Supporting Andrew Traver
It has been a while since we have had any news to report on Andrew Traver – President Obama’s anti-gun nominee to be Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Thanks to Senators Dick Durbin (D-IL) and Mark Kirk (Rino-IL), we have something. They sent a joint letter yesterday to Obama expressing their support for Traver.
In a press release that announcing the letter, they urged the NRA to reconsider it opposition to Traver and give him a second look. A different version of the release sent to local newspapers gives the impression that Traver’s nomination was supported by NSSF.
Traver’s efforts to combat gangs and violent crime in Illinois have drawn bipartisan praise, and his efforts to work cooperatively with the firearms industry have been applauded by industry leaders such as National Shooting Sports Foundation Senior Vice President Lawrence G. Keane.
This is incorrect and NSSF has posted a demand for a retraction on their website which could explain the different versions of the press release. Neither NSSF nor Larry Keane have endorsed Andrew Traver to head ATF and they object to the phrasing of the letter to Obama. The full text of the letter from Durbin and Kirk is below.
February 4, 2011
The Honorable Barack Obama
President of the United States
The White House
Washington, D. C.Dear Mr. President:
We commend you for nominating Andrew Traver to be Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). ATF has been without a Senate-confirmed Director since 2006, and this lack of leadership has hampered our nation’s efforts to combat street gangs and drug cartels and to keep guns out of the hands of criminals. It is long past time for the ATF Director position to be filled, and we believe the record will show that Mr. Traver is the right man for the job.
ATF is a major federal law enforcement agency with approximately 5,000 officers and field division offices located in 25 U.S. cities and 5 foreign countries. While ATF has a dual role as regulator of the U.S. firearms industry and as primary enforcer of federal firearms laws, ATF performs other vital missions critical to our homeland security. For example, the agency plays leadership roles in combating Mexican drug cartels, coordinating the federal law enforcement security response to potential attacks involving weapons of mass destruction, and investigating incidents involving explosives and arson. ATF additionally serves as a key partner in efforts to combat the violent street gangs that plague many of America’s cities. It is critical that the agency have a Director who can manage the agency’s operations and carry out these functions effectively.
We believe Mr. Traver is an exceptional nominee for ATF Director. A Navy veteran and a cancer survivor, Mr. Traver is a 23-year veteran of ATF who served for the last four years as Special Agent in Charge of the ATF Chicago Field Division. Under his leadership, the ATF Chicago Field Division has spearheaded major investigations and enforcement actions against numerous Chicago-area street gangs, including the Latin Kings, the Gangster Disciples, and the Aurora Insane Deuces. Mr. Traver’s efforts to combat gangs and violent crime in Illinois have drawn bipartisan praise, and his efforts to work cooperatively with the firearms industry have been applauded by industry leaders such as National Shooting Sports Foundation Senior Vice President Lawrence G. Keane. We know Mr. Traver personally and can vouch that he is a no-nonsense, results-oriented leader who takes seriously his commitment to enforcing the laws on the books.
We are aware that the National Rifle Association issued an early initial statement opposing his nomination. We believe the NRA should take the opportunity to hear Mr. Traver present his case for confirmation and to permit a review of his qualifications by the Senate Judiciary Committee. The NRA commendably waited until after hearings had taken place before taking a position on the nominations of Sonia Sotomayor and Elena Kagan to the Supreme Court. As a veteran and decorated federal law enforcement officer, Mr. Traver deserves similar respect for the service he provided the nation in and out of uniform.
It is crucial to the security of our nation and our citizens that we enable ATF to effectively carry out its mission and enforce the law. We will urge our colleagues to judge Andrew Traver’s nomination on the merits and are confident that they will find him to be an outstanding nominee. He has served his country and Illinois with distinction and we believe the record will show he deserves to be confirmed.
Sincerely,
Richard J. Durbin Mark Kirk
NSSF On The ATF Shotgun Study
The NSSF released this today. I think they got it right where they say it isn’t for the Federal government to decide an event is sporting if the participants consider it a sport.
The National Shooting Sports Foundation (NSSF) is currently reviewing the recently released study by ATF on the importability of shotguns. NSSF will be submitting comments to ATF by the May 1, 2011 deadline. NSSF’s initial reaction to the study is that if the shooting public deems a certain activity to be “sporting” through participation, even if that sport is new and seems unconventional to the uninitiated, NSSF does not believe the federal government should say that the firearms law abiding citizens use to participate in that shooting sport activity are neither “particularly suitable for nor readily adaptable to generally recognized sporting purposes” pursuant to the Gun Control Act of 1968. Many new sport shooting disciplines have arisen since 1968 and have enjoyed significant participation. The federal government ought not to be making subjective decisions about what lawful shooting activities it considers a sport.
The safe and responsible participation in new and evolving sporting events does not result in injury. The possession of firearms in the hands of law abiding Americans for any lawful purpose, including but not limited to sports shooting, does not cause crime.
The Supreme Court’s decisions in Heller and McDonald make clear that the exercise of the fundamental individual right to keep and bear arms for self defense protected by the Second Amendment does not hinge on whether one will use the firearm to participate in an activity the government deems to be sufficiently sporting. The shotguns this study would ban from importation are also suitable for self protection including home defense.
NSSF believes the time has come for Congress to re-examine the so-called “sporting purpose” test as a criteria for importing a firearm into the United States.
NSSF 50th Anniversary Video
The National Shooting Sports Foundation, sponsor of the SHOT Show, released this video today in honor of their 50th anniversary. You know you are getting old when you have a hard time conceiving that something started (or a person born) anytime in the Sixties could be 50 years old! It just doesn’t seem right.
NSSF Allowed Intervenor Status
From the National Shooting Sports Foundation:
The United States District Court for the District of Columbia has granted NSSF’s motion to intervene in a suit brought by the Center for Biological Diversity (CBD) and several anti-hunting groups against the United States Environmental Protection Agency (EPA). The CBD’s underlying suit against the EPA seeks to have the court overturn the agency’s denial of a CBD petition filed in August of 2010 to have the EPA under the Toxic Substance Control Act (TSCA) issue regulations to ban the manufacture, sale and use of traditional ammunition containing lead components, as well as fishing tackle made with lead components. The EPA properly denied the petition to ban traditional ammunition because Congress expressly exempted ammunition from regulation by the EPA. Later, the EPA also denied the petition as to fishing tackle because the CBD failed to demonstrate a scientific basis for the EPA to act.
“We are pleased with the court’s ruling because it will allow NSSF to ensure that the will of Congress is adhered to and the CBD does not succeed in its efforts to side step Congress and impose its anti-hunting agenda through the judicial system,” said Lawrence G. Keane, NSSF senior vice president and general counsel.
In granting NSSF’s motion to intervene in the case the court acknowledged that the EPA could not adequately represent the business interests of NSSF’s members. The court also rejected the CBD’s efforts, in opposing the NSSF motion, to inappropriately limit NSSF participation in the case.
This is the case where Project Gutpile is one of the plaintiffs. Project Gutpile is a “hunter’s organization” composed of four members.
More From NSSF On Proposed ATF Long Gun Reporting
The NSSF posted this yesterday on their blog:
More on ATF Multiple Sales Reporting
December 29, 2010 By Larry Keane
An editorial in today’s Washington Post discussed the recent decision by ATF to require federally licensed firearms retailers along the Southwest border to report multiple sales, or other dispositions, of most semi-automatic rifles. Specifically this would impact .22 caliber or larger semi-automatic rifles that are capable of accepting a detachable magazine and are purchased by the same individual within five consecutive business days.
Though the Post supports this ill-advised proposal, it did acknowledge the legitimacy surrounding one of industry’s objections:
“When reports of its plan surfaced, the administration came under immediate attack from the gun rights lobby. The National Shooting Sports Foundation, the firearms industry trade association, argued that the administration lacked the legal authority to demand data on rifles and shotguns. It has a point: While Congress authorized the ATF to collect information on handgun sales, it declined to extend the requirement to long guns. A court is likely to be asked to decide whether demand letters may be used to shake loose this information …”
NSSF continues to oppose multiple sales reporting of semi-automatic rifles. Such reporting requirements will actually make it more difficult for licensed retailers to help law enforcement as traffickers modify their illegal schemes to circumvent the reporting requirement. Traffickers will go further underground, hiring more people to buy their firearms. This will make it much harder for retailers to identify and report suspicious behavior to law enforcement.
NSSF would also like to remind all members of industry, sportsmen and gun owners to voice their concerns by doing the following:
1. Call the Office of Management and Budget, Office of Information and Regulation Affairs, Department of Justice, Desk Officer at (202) 395-6466.
2. E-mail Barbara A. Terrell, ATF, Firearms Industry Programs Branch at Barbara.Terrell@atf.gov
3. Call your Senators and Representative: United States Capitol Switchboard: 202-224-3121
4. Send an already formatted cap-wiz letter.
Points to make:
1.Multiple sales reporting of long guns will actually make it more difficult for licensed retailers to help law enforcement as traffickers modify their illegal schemes to circumvent the reporting requirement. Traffickers will go further underground, hiring more people to buy their firearms. This will make it much harder for retailers to identify and report suspicious behavior to law enforcement.
2.Long guns are rarely used in crime (Bureau of Justice Statistics).
3.Imposing multiple sales-reporting requirements for long guns would further add to the already extensive paperwork and record-keeping requirements burdening America’s retailers – where a single mistake could cost them their license and even land them in jail.
4.Last year, ATF inspected 2,000 retailers in border states and only two licenses were revoked (0.1%). These revocations were for reasons unknown and could have had nothing to do with illicit trafficking of guns; furthermore, no dealers were charged with any criminal wrongdoing.
5.According to ATF, the average age of a firearm recovered in the United States is 11 years old. In Mexico it’s more than 14 years old. This demonstrates that criminals are not using new guns bought from retailers in the states.
6.Congress, when it enacted multiple sales reporting for handguns, could have required multiple sales of long guns – it specifically chose not to.
NSSF to Intervene in Lawsuit Challenging EPA on Traditional Ammunition
From the National Shooting Sports Foundation on the Center for Biological Diversity’s lawsuit against the EPA challenging lead ammunition:
NEWTOWN, Conn.—In response to a lawsuit filed today challenging the Environmental Protection Agency’s denial of a petition to ban traditional ammunition containing lead core components, the National Shooting Sports Foundation will file a motion to intervene. This action allows NSSF to protect industry’s interests in the case and ensure that the will of Congress is adhered to.
The suit was brought by the Center for Biological Diversity, which earlier this year had petitioned EPA to ban traditional ammunition as well as fishing tackle containing lead. CBD claims wild birds are being harmed through the ingestion of spent ammunition fragments, though NSSF contends that no scientific evidence shows that wildlife populations are being affected.
In August after considering the CBD’s petition, EPA denied the request, saying it did not have the legal authority to regulate the production and distribution of traditional ammunition under the Toxic Substance Control Act of 1976. Congress expressly exempted ammunition from being regulated by this law. Some weeks after the agency’s decision on traditional ammunition, EPA also denied the other half of CBD’s request to ban fishing tackle. This one-two punch no doubt prompted CBD to file its lawsuit.
“We knew that this fight was far from over even after we gained that early victory,” said Lawrence G. Keane, NSSF senior vice president and general counsel. “The CBD petition and now this lawsuit are clearly attacks on the right of hunters to choose the ammunition that best suits their hunting and target shooting needs, and they are attacks on hunting as well.”
Launching a strong grassroots campaign in response to the CBD petition, NSSF mobilized the sporting and gun-owning community to make its support for traditional ammunition clear to the EPA and its administrator, Lisa P. Jackson, via e-mailed comments and by contacting their lawmakers.
NSSF continues to stress the following in the debate over traditional ammunition:
- There is no scientific evidence that the use of traditional ammunition is having an adverse impact on wildlife populations.
- Wildlife management is the proper jurisdiction of the U.S. Fish and Wildlife Service and the 50 state wildlife agencies.
- A 2008 study by the U.S. Centers for Disease Control and Prevention on blood lead levels of North Dakota hunters confirmed that consuming game harvested with traditional ammunition does not pose a human health risk.
- A ban on traditional ammunition would have a negative impact on wildlife conservation. The federal excise tax that manufacturers pay on the sale of the ammunition (11 percent) is a primary source of wildlife conservation funding. The bald eagle’s recovery, considered to be a great conservation success story, was made possible and funded by hunters using traditional ammunition – the very ammunition organizations like the CBD are now demonizing.
- Recent statistics from the United States Fish and Wildlife Service show that from 1981 to 2006 the number of breeding pairs of bald eagles in the United States increased 724 percent. And much like the bald eagle, raptor populations throughout the United States are soaring.