Fighting for Your Rights

NSSF is ever vigilant on the governmental front

By Lawrence G. Keane, NSSF Senior Vice President & General Counsel

The National Shooting Sports Foundation (NSSF) has had an extremely busy year fighting for the rights of industry members. NSSF has thwarted attacks on traditional ammunition--that is, ammunition with a lead component--championed legislation to protect and preserve hunting and shooting sports, and has been involved in several lawsuits challenging government regulations attempting to restrict NSSF members from freely engaging in the lawful commerce of firearms, which is their business and livelihood.

Thanks to NSSF, efforts by the Center for Biological Diversity (CBD) and other anti-hunting groups to ban the use of traditional ammunition were rejected with a one-two punch, first by the Environmental Protection Agency (EPA) and then by a federal court. Congress spoke loud and clear 35 years ago when it passed the Toxic Substances Control Act (TSCA), which specifically exempted ammunition from regulation by the EPA. Unable to convince EPA officials that the agency had authority to regulate lead components of ammunition, the CBD sued the EPA in federal court to force its hand (Center for Biological Diversity v. Jackson). NSSF quickly intervened in the lawsuit and wasted no time in successfully persuading the court to dismiss CBD's case.

To prevent future attacks on the rights of sportsmen to use the ammunition of their choice, NSSF is championing a federal bill to clarify the longstanding exemption of ammunition and ammunition components under TSCA. Known as the Hunting, Fishing, and Recreational Shooting Sports Protection Act (S. 838 and H.R.1558), the bill has tremendous bipartisan support in both the U.S. House of Representatives and the Senate, with 159 House and 27 Senate co-sponsors.

Last July, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) sent a "demand letter" to 8,700 federal firearms licensees (FFLs), including law-abiding NSSF members, located in Texas, New Mexico, Arizona, and California demanding them to record and report multiple sales of certain semi-automatic rifles. Because the ATF exceeded the authority Congress has granted it, NSSF filed a federal lawsuit (NSSF v. Jones) to block the ATF from imposing this new regulation because it was the proverbial "slippery slope." As of press time, the court has yet to rule on the NSSF lawsuit. NSSF filed this lawsuit because if ATF can require this information from these dealers, then ATF would be able to require reporting of any information it wants from any licensee simply by sending a letter demanding the information. Congressional leaders agreed with NSSF and in April offered an amendment that passed the House by a wide bi-partisan margin that would restrain ATF from exceeding its authority. Unfortunately, the Senate failed to move the bill. Several bills aimed at restraining ATF's overreach were introduced.

In November, the mainstream media reported that internal ATF e-mails from 2010 showed that some officials planned to use rifles sold by retailers cooperating with the ATF in its flawed "Fast and Furious" operation to justify ATF's new multiple-sales reporting requirements.

NSSF has also filed numerous amicus curiae, or "friend of the court," briefs in federal and state appellate courts this past year to protect the industry's commercial interests.

In a case before the Ohio Supreme Court in late 2011 (Cleveland v. Ohio), NSSF successfully fought to uphold Ohio's firearms pre-emption statute. If Ohio's preemption statute were not upheld, firearms ordinances adopted by the City of Cleveland and other Ohio municipalities would have resulted in a complex patchwork of different restrictions that would have been unevenly enforced from one jurisdiction to another.

In a case pending before the Illinois Supreme Court (Wilson v. Cook County), NSSF is supporting a challenge to Cook County's broad and sweeping "assault-weapons" ordinance banning the manufacture, sale, and possession of several popular classes of semi-automatic firearms, including commonly owned and used modern sporting rifles (MSRs), simply because of their cosmetic features. In its amicus brief, NSSF provided information from its MSR Comprehensive Consumer Report to educate the court about MSRs and their owners and the lawful purposes for which MSRs are commonly and widely used--hunting, target shooting, collecting, and self defense.

In a case pending before the U.S. Fifth Circuit Court of Appeals (Jennings v. BATFE), NSSF is supporting a lawsuit seeking to overturn federal restrictions on the purchase of handguns by 18- to 20-year-olds. Individuals of this age are considered adults for virtually every other purpose, so they should also be able to purchase handguns from licensed firearms retailers.

NSSF members provide lawful commerce in firearms that makes the exercise of an individual's constitutional right to keep and bear arms possible. Whenever the rights of its members to engage in their business and livelihood are threatened, NSSF will take action to defend these rights. Editor's Note: NSSF associate general counsel Jeff Yue and manager, government relations, Ryan Cleckner contributed to the preparation of this article.

Hunting Statistics Bear Out The Safety of Hunting

The National Shooting Sports Foundation has compiled data that shows hunting ranks third in safety when compared to 28 other recreational pursuits, ranging from baseball to wrestling. Hunting with firearms has an injury rate of 0.05 percent, which equates to about 1 injury per 2,000 participants, a safety level bettered only by camping (.01 percent) and billiards (.02 percent). For comparison, golf has an injury rate of 0.16 percent (1 injury per 622 participants), while tackle football topped the list of activities, with an injury rate of 5.27 percent (1 injury per 19 participants).

"Many people have the misconception that hunting is unsafe, but the data tells a different story," said Jim Curcuruto, NSSF's director of industry research and analysis. "Hunter education classes that emphasize the basic rules of firearms safety and a culture of hunters helping fellow hunters practice safe firearms handling in the field are responsible for this good record."

Hunting ranks third in safety when compared to 28 other recreational pursuits.

The number of hunters who went afield last year is estimated at 16.3 million. Of that total, approximately 8,122 sustained injuries, or 50 per 100,000 participants. The vast majority of hunting accidents-- more than 6,600--were treestand-related. Though recent accurate figures on fatalities related to hunting are not available, statistics from 2002 show 99 fatal hunting accidents.

The injury data NSSF used to compile this hunter-safety report comes from the National Electronic Injury Surveillance System of the Consumer Products Safety Commission 2010 and the International Hunter Education Association's Hunter Incident Clearinghouse. Activity participation figures are from the National Sporting Goods Association Sports Participation in 2010 report.

To put hunting's safety standing in perspective, compared to while hunting, a person is. . . 11 times more likely to be injured playing volleyball 19 times more likely to be injured snowboarding 25 times more likely to be injured cheerleading or bicycle riding 34 times more likely to be injured playing soccer or skateboarding 105 more times likely to be injured playing tackle football

 

 

 

 

 

 

 

Firearms Industry, Nation Celebrate A Conservation Milestone

Following the 50th anniversary in 2011 of the National Shooting Sports Foundation comes another highly significant milestone in 2012: the 75th anniversary of what is arguably the most important event in the preservation and conservation of American wildlife and the ability to sustain hunting as part of the nation's heritage.

In 1937, the passage of historic legislation--the Pittman-Robertson Wildlife Restoration Act (P-R Act)--fostered partnerships among the sporting arms industry, federal and state wildlife and fisheries agencies, conservation groups, and sportsmen to benefit wildlife. It has been key to implementing the North American Model of Wildlife Conservation. In 1950, the Federal Aid in Sport Fish Restoration Act (now the Dingell-Johnson Sport Fish Restoration Act) was enacted, and, together, the Wildlife and Sport Fish Restoration program has contributed more than $12 billion to wildlife and fisheries conservation in the U.S.--more than any other single conservation effort.

The P-R Act alone, which requires an excise tax on firearms and ammunition--a concept that was suggested and self-imposed by the industry--has provided more than $7.2 billion to wildlife management.

NSSF, which provided space in the NSSF Press Room at the SHOT Show to promote this anniversary, urges members to incorporate the special Pittman-Robertson logo along with a note of appreciation for the program on their websites and in their communications and other materials.

NSSF Website, Literature Are in Demand

The value of NSSF's communications vehicles was reflected in 2011 by the demand from industry, media, and hunting and shooting sports community. NSSF's website--nssf.org--received more than 5 million visits in 2011.

Requests for nine publications and DVDs, which addressed conservation, hunting ethics, and firearms safety, averaged more than 186,000 per month, or nearly 2.25 million for the year.

The quality of communications vehicles was recognized with several awards in 2011.

NSSF's 50th anniversary video received the Apex Award of Excellence and a Bronze Telly. Its Annual Review, which included a DVD of the 50th anniversary video, earned the PR News Nonprofit PR Awards' top prize for in the annual brochure or publication category. The electronic weekly Bullet Points captured an APEX Grand Award of Excellence, and the NSSF was a finalist in several other PR News Nonprofit categories. Among those receiving honorable mentions were NSSF's Hunting Works for America initiative ("Advocacy Campaign" and "Public Affairs/Issues Management" categories) and Bullet Points (Digital PR & Marketing).

Mark Thomas (pictured), NSSF managing director of marketing communications, was runner-up in PR News Nonprofit Publication category for PR Marketing Communicator of the Year.

Pull the Trigger Hits Its Mark

In its first full year of development, Pull the Trigger was distributed to more than 1 million readers.

In 2011, in its the first full year of developmen, the electronic newsletter Pull the Trigger was distributed to more than 1 million readers, including a mailing list of more than 900,000 provided by GunBroker.com.

NSSF aims this monthly communication at getting new and lapsed shooters and hunters to do just what the name says: pull the trigger. Most of the helpful items are linked to videos that bring the words and concepts of the shooting sports to life.

"Pull the Trigger is an innovative NSSF program designed to motivate new and existing shooters to go afield or to the range," said Steve Sanetti, NSSF president and chief executive officer. "From what we are seeing in terms of readers and their comments, it is accomplishing its mission, and we encourage you to not only read it but also help distribute its content."

For a free subscription, go to nssf.org/PullTheTrigger/. Members and others who disseminate information on hunting and the shooting sports are encouraged to reproduce content from Pull the Trigger in their own communications vehicles.

 

2011 Record Year for NSSF Membership

The number of NSSF members in 2012 now exceeds 7,000, meaning its membership has doubled in less than five years.

In 2011, membership in the National Shooting Sports Foundation, the trade association of the firearms, ammunition, hunting, and shooting sports industry, rose to an all-time high, nearing 7,000. That means NSSF’s membership has doubled in less than five years.

Voting Membership, made up of the NSSF’s most financially supportive members, was bolstered with the addition of more than a dozen new companies that stepped up to assume that highly respected and appreciated status.

Membership is made up of manufacturers, distributors, firearms retailers, shooting ranges, sportsmen’s organizations, and publishers.

“With every member adding a key building block to the industry’s foundation, NSSF has assumed a position of strength perhaps unparalleled in its 50-year history,” said Steve Sanetti, NSSF president and chief executive officer.

 

You Should Know -- Take Your Initial Shot at First Shots

NSSF's introductory program is a proven winner

By Tisma Juett, Manager, First Shots

The time is approximately 8:38 a.m., and people are starting to roll in for a 9:00 class. They wonder if they are in the right place as they check in. They are assured they are. The silence is deafening. Why so tense?

At 9 a.m., the instructor stands at the front of the room and states, "Welcome to First Shots!"

For someone unfamiliar with the shooting sports, a firearm can be a mysterious tool--like any other tool for which the user doesn't have proper education and training.

First Shots was designed as a way for member ranges to create opportunities for new shooters to visit their facilities, learn about firearm safety and fundamentals, safe storage and use, and ownership regulations, and then shoot in a closely supervised, unintimidating atmosphere. They learn about the shooting sports and, hopefully, take their first step toward lifelong participation.

Currently First Shots is on a nationwide city tour. What we learned from our first stop in Chicago, Illinois, and Madison, Wisconsin, is that people want to be educated about firearms and the shooting sports. The problem is that they don't know where to go or how to get started. All five of the Chicago area ranges were full by the second week registration was opened. The three ranges in Madison were full not long after. We are anticipating the same as we move next to Sacramento, California, and Miami, Florida, on March 3. You, however, can plan a First Shots anytime.

First Shots provides an opportunity for someone to try the shooting sports without making a financial commitment. Customer participation is free. The classes are short, taking only three hours out of their day. What might have been apprehension becomes fun.

After they take their first shots at your range, you will have created loyalty in these new shooters. They will want to come back to your range to shoot with you, because you will become their mentor, and they will seek you out for advice, classes, equipment, and supplies.

Six-month follow-up surveys of First Shots participants show that 43 percent have returned to the host range an average of six times, 56 percent have met local requirements for handgun ownership, and 49 percent have purchased an average of $560 of equipment.

NSSF offers a great deal of assistance in planning and hosting a First Shots event. The easy-to-use reference guide helps in every step of the planning phase of the event. A PowerPoint presentation is available to assist with the classroom portion. NSSF provides targets, ammunition, and safety brochures, as well as funding for cooperative advertising. NSSF will reimburse 50 percent of a shooting facility's advertising costs, up to $3,000. The NSSF graphics team will create camera-ready ads for print publications. We have television and radio spots designed to get the attention of prospective participants and direct them to your range. And if questions come up, as manager of First Shots, I am just a phone call or e-mail away.

Hosting a First Shots event will take less time to plan and execute than trying to pack for a hunting trip. Each class is approximately three hours long. That is 90 minutes in the classroom and another 90 minutes on the range. This short time period allows you to host multiple events in one day to maximize your time, preparation, and advertising costs.

By hosting a First Shots event you are not only providing an opportunity for someone to give the shooting sports a try, but you are also helping to influence newcomers who may not have had an opinion on gun control. When new shooters see a program like First Shots and us as an industry promoting safe and responsible firearms ownership and usage, they are able to view the firearms industry in a different light from what is shown on television and in mass media. It is not an overstatement to say participation as a host of a First Shots event can help secure our Second Amendment right to keep and bear arms.

By the end of the First Shots event, the room is no longer quiet. Folks have been high-fiving at the range, and once back in the classroom, smiles are beaming and eyes are brighter. The tension is gone. The apprehension has been replaced with laughter, camaraderie, and confidence. They will be back to shoot again.

Learn more about hosting a First Shots event at nssf.org/FirstShots.

From My Side of the Counter -- Retailer Education Seminars

A free program that, in many ways, helps an FFL do business

By George Romanoff, President, Ace Sporting Goods, Washington, PA

Editor's Note: With this article, SHOT Business begins a new series, "From My Side of the Counter," which will feature articles on services and issues of importance to the firearms retailer. The articles will be written by members of the NSSF Retailer Advisory Committee and other guest authors.

I'd read several articles about the National Shooting Sports Foundation's Retailer Education Seminars. NSSF would post the results in its Bullet Points e-newsletter about where the seminars were held and the subject matter that was covered. At last, I received an invitation to one of these seminars in the mail. As I read the invitation, it became very clear to me that this was one seminar I could not afford to miss.

One of the reasons that I couldn't afford to miss it was that it was free! The seminar was being held about 50 minutes away from my store in Pittsburgh. The hotel that they had chosen was perfect as it was very easy to find and there was ample parking for the event.

When I got there that day, I was very surprised. More than 110 other firearms retailers were there for the very same reasons I was. I was greeted at the door and signed the registration form. As I entered the room, my competitive side of the business went out the door. Today we were all there to meet the NSSF, ATF, and NICS.

The half-day seminar began promptly at 1 p.m. Introductions of the presenters was the first thing on the agenda, and from there the seminar was in high gear. The first speaker, a representative of the local ATF office, spoke to the group about the top 10 instances where firearms retailers struggle with compliance. Some of the reasons listed were improperly filling out the 4473 form and making recording errors in the A&D book.

The seminar presenters also covered other subject areas. For example, one speaker emphasized that proper inventory procedure at the store level is critical to your business. Multiple-gun sales forms and lost or stolen firearms procedures were also covered in great detail. I did a lot of note-taking throughout the day.

One of the other speakers was from NICS. The presentation was very informative for the retailers. I learned in detail the background check procedure and the E-Check process.

In addition, the NICS presenter provided information on how to deal with customers who are denied due to the background check and how to work through the appeal process. NICS also went into detail about the "Non-U.S. Citizens" background check process and what the stores must do in these situations.

A representative from the National Shooting Sports Foundation was there, too. The NSSF representative spoke to the retail group about the accomplishments of NSSF over the past year. In addition, he outlined all of the benefits of being a member of NSSF.

The benefits that NSSF has set up for the retailers are incredible. My membership dues are only $150. One of the many benefits for retailers is NSSF's ATF consultant program. NSSF has contracted with a former ATF deputy assistant director to come to your store and train the store personnel for compliance. Based on the testimonials from the other retailers who have taken advantage of this training, if I availed myself of this consultation, I'd be well prepared for the ATF if I were ever to receive an audit.

At the end of the day I left the seminar with a pad full of notes, answers to what had been, up to then, nagging questions, and a renewed motivation to get back to my store and implement many of the things I had learned.

I scheduled a store meeting with all of my employees the very next day after the seminar. It got them excited to execute the ideas that I had brought home with me.

Visit the NSSF Retailer website at nssf.org/retailers.

NSSF Delivers Value

First Shots Creates New Shooters--and Customers

NSSF's First Shots seminar is a proven means of introducing first-time shooters to firearms safety and the shooting sports. This combination of classroom discussion on firearms fundamentals, safety, and ownership laws, along with a closely supervised live-firing opportunity, brought 5,000 new shooters to partner ranges in 2011--and studies show that many returned for more instruction and shooting opportunities. The NSSF provides tremendous support to member ranges wishing to host a First Shots. For more information, visit firstshots.org, or contact Tisma Juett, NSSF First Shots manager, at tjuett@nssf.org.

One Member's Experience

Member: Michael Barbour, president

Business:Top Gun Shooting Sports Inc. Taylor, Michigan

Description of Business: "Top Gun Shooting Sports Inc. is a successful shooting range and retail store in the heart of southeastern Michigan. We supply everything from tactical to practical for beginners to First Responders. One of our continuing goals is to provide top-rate customer service to all that enter our doors. We treat every customer equally and with the utmost respect. Top Gun Shooting Sports provides its customers with the tools and accessories they need. For more information please visit tgssinc.com."

Experience with Firearms Industry Jobs: "We hold First Shots at least once a month, with a maximum of 20 students. Our First Shots classes are always full and booked two months in advance. That means 20 guaranteed new shooters in our store every month. We give them an additional hour of free range time, which turns into new customers buying ammunition and renting guns. We see approximately 25 percent of the students who take First Shots continuing on with a basic handgun course and a concealed-carry course and then buying an annual membership. The First Shots program is unique in that it turns non-shooters into shooters and, with a minimum of effort, expands my customer base. All ranges should take advantage of this 'no-brainer' opportunity to grow both the shooting sports and their customer base."

Value of NSSF Membership: "The NSSF provides us with a great many tools that help our facility sell, promote, and protect the shooting sports. Many of these tools simply make doing our jobs easier. The NSSF helps keep us informed on new products through the wonderful opportunity that the SHOT Show offers as well as what is happening in the global industry of firearms. Support like this is very valuable and appreciated by Top Gun Shooting Sports Inc."

Interested in NSSF Membership? Promoting the great American tradition of hunting and shooting is what the National Shooting Sports Foundation is all about. For our members, it's more than a sport; it's a way of life. Join the more than 7,000 companies and individuals who have already discovered that NSSF Delivers Value! To learn more, visit www.nssf.org/join or contact Bettyjane Swann, NSSF director of member services, at 203-426-1320 or bswann@nssf.org.