NSSF and Retailers File Federal Suit against Massachusetts A.G. Healey’s ‘Enforcement Notice’.
Four federally-licensed Massachusetts firearms retailers and the National Shooting Sports Foundation® (NSSF) filed an action in United States District Court for the District of Massachusetts to challenge on Constitutional grounds the “Enforcement Notice” issued by state Attorney General Maura Healey. The lawsuit, filed September 22, 2016, states that Healey’s office overstepped its legal authority and deprived the retailers of their due process protections guaranteed under the U.S. Constitution. The action seeks declaratory relief and a permanent injunction enjoining enforcement.
The retailers are Pullman Arms Inc. of Worcester; Guns and Gear, LLC of Agawam; Paper City Firearms of Holyoke; and Grrr Gear of Orange.
“Attorney General Maura Healey’s actions were unconstitutional. Firearms retailers in Massachusetts cannot determine the meaning or scope of the Attorney General’s Enforcement Notice and subsequent explanations,” said Lawrence G. Keane, NSSF Senior Vice President and General Counsel. “Because criminal penalties can result due to Attorney General Healey’s unilateral reinterpretation of a state statute done without administrative process or input from affected parties, her office exceeded its lawful authority and retailers were deprived of their due process protections under the Fifth and Fourteenth Amendments.”
“In addition, if the Attorney General’s Enforcement Notice is understood as applying to all semi-automatic firearms, it violates the Second and Fourteenth Amendments to keep and bear arms because it bans the manufacture, sale and possession of a broad range of firearms in common use by the citizens of Massachusetts,” Keane said.
Representing NSSF and the retailers are the Boston-based law firm of Kenney and Sams, and Michael Sullivan of the Ashcroft Law Firm. Sullivan is a former U.S. Attorney for the District of Massachusetts and former Acting Director, U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives.
The National Shooting Sports Foundation and Cavern Cove Rimfire welcomes everyone to join us October 14 – 16, 2016 for the 2016 NSSF Rimfire Challenge World Championship! The event will be hosted at the Cavern Cove Rimfire facility in Woodville, Alabama.
Competitors will be challenged with both rimfire pistol and rifle stages. As with all NSSF Rimfire Challenge events, both novice and experienced shooters are encouraged to participate. This event is designed to be fun and enjoyable for all skill levels. For many shooters, a Rimfire Challenge represents their first competitive shooting experience.
Rimfire Challenge events are intended to be entertaining for the entire family. Whether you’re coming as a spectator or a competitor, side shooting activities are in the works so that everyone in attendance will have the opportunity to enjoy some trigger time. Come one come all to what will be a very exciting and fun weekend!
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Click Map to launch interactive webpage with info for all 50 states.
Going hunting this year? Need to find out about hunting licenses, deer tags, local regulations, and the best hunting areas? Then visit WheretoHunt.org. This website has an interactive map of the country. Simply click on a state to find the info you need. For all 50 states, the NSSF has compiled information about hunting license and permits, where to hunt, hunter education classes, laws and regulations and more. For each state you’ll also find a link for required applications and license forms. Have a safe and productive hunt this year.
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The National Shooting Sports Foundation is pleased to announce that registration is now open for its 2016 Fall Shooting Sports Fantasy Camps in Tulsa, Oklahoma. There will be two (2) sessions this October, each with 33 spots available.
Watch Highlights from the First-Ever Shooting Sports Fantasy Camp in Las Vegas:
The NSSF 2016 Fall Shooting Sports Fantasy Camp will take place at the world class United States Shooting Academy in Tulsa, Oklahoma. Two date options will be offered:
NSSF has lined up seven of our country’s top professional shooters for this premier event, including the first family of shooting, Jerry and Kay Miculek and Lena Miculek-Afentul, world class professional shooter, Bruce Piatt, 3-Gun pro couple Dianna and Ryan Muller, and Top Shot Season 4 winner Chris Cheng.
In addition to learning from today’s best shots, you’ll also be provided all meals, hotel accommodations, a swag bag full of premium shooting gear and more! You will need to provide your own travel arrangements and the camp registration fee of $3,495.
Camp Placements Will Sell Out Soon
If you are interestested, we recommend that you register soon — don’t delay. NSSF’s first Fantasy Camp (held this past spring in Las Vegas) sold out immediately. There are only 33 slots available for each date choice. For more information visit www.shootingsportsfantasycamp.com.
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With suicide accounting for nearly two-thirds of all firearm fatalities annually, the topic of suicide prevention deserves our attention. In recent years NSSF has worked with the Veterans Administration, the State of Utah, and mental health agencies to help educate gun owners and the public on how to keep firearms safely out of reach of those who, during a period of despair, decide to do themselves harm.
According to Centers for Disease Control and Prevention (CDC) Data:
1. Nearly half of all suicides were by firearm in 2014.
2. Suicide accounted for almost two-thirds of gun deaths in 2014.
3. 90 percent of suicide attempts with a firearm are fatal.
The NSSF has committed to broaden its efforts, in partnership with the American Foundation for Suicide Prevention (AFSP). Recently, NSSF and AFSP announced a partnership to embark on a first-of-its-kind national plan to build and implement public education resources for firearms retailers, shooting ranges, and the firearms-owning community about suicide prevention and firearms.
Experts say that suicide results from the culmination of several health and life factors, with the decision to act often being made in minutes. Keeping firearms securely stored puts space between the period of risk and the means to act, and sometimes that … can help save a life.
AFSP has commenced a four-state pilot program that will involve firearms retailers and shooting ranges. This pilot program employs AFSP/NSSF jointly-developed strategies and resources to inform firearm owners about warning signs, prevention resources and secure firearms storage options. The NSSF also supports AFSP’s Project 2025, an initiative to reduce the annual suicide rate 20 percent by 2025. You will be hearing more about AFSP and NSSF efforts in this area.
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Looking for a good job in the firearms industry? The NSSF has you covered. The NSSF Jobs Site site offers up-to-date job listings, powerful search features, and a mobile-friendly interface. It’s easy to upload your Resumé, and the Job Alert feature can send you new listings via email as soon as they post. Visit jobs.nssf.org for current employment opportunities in the shooting, hunting and outdoor industry.
The National Shooting Sports Foundation (NSSF) #GUNVOTE program is an important voter registration and education campaign for the November 2016 election. The NSSF’s Gunvote.org website helps visitors register to vote, find a polling place, and determine how candidates stand on gun rights and Second Amendment issues. Quickly find all state and federal candidates in your area with a Zip Code search (or you can search by name). The NSSF’s #GUNVOTE program also provides election news, voter education video resources, and more.
To assist the NSSF’s voter registration and education efforts, Hornady Manufacturing has committed $250,000 in support of #GUNVOTE programs. This is the largest donation the #GUNVOTE campaign has received to date.
“For the first time in our nation’s history, we have a Presidential candidate who is openly running against the lawful commerce in firearms, which is a prerequisite to our ability to exercise our Second Amendment rights,” said Stephen Hornady, President of Hornady Manufacturing. “It is vital that America’s hunters, target shooters and all gun owners become educated on what the candidates are saying and that’s why the #GUNVOTE initiative of our industry is so important. Our company is proud to be a part of this cooperative effort.”
We support the NSSF’s efforts to inform the public and help gun owners register to vote. This is a very important election for firearms owners and supporters of the Second Amendment. As the NSSF explains: “With the balance of the Supreme Court at stake, this election will affect our constitutional rights. It is crucial that all gun owners and Second Amendment supporters register to vote, become informed about candidates’ positions, and on Election Day, #GUNVOTE.”
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Did you know that American women are the fastest-growing segment of gun owners? Whether it’s for self-protection, hunting, or target shooting, women are showing more interest than ever in owning firearms. Moreover, women are taking steps to train and educate themselves, and to get involved in hunting, recreational shooting, and firearms competition. This is now a significant trend — women are becoming an important and vital part of the shooting community. Nearly one-quarter (23%) of American women now own at least one firearm.
The numbers of women participating in the shooting sports has grown dramatically in recent years. in fact, in the decade from 2001 to 2010, the number of female target shooters has risen 43.5%:
There are important safety and behavior rules you need to follow at a gun range. Sometimes bad range etiquette is simply annoying. Other times poor gun-handling practices can be downright dangerous. The NRA Blog has published a useful article about range safety and “range etiquette”. While these tips were formulated with indoor ranges in mind, most of the points apply equally well to outdoor ranges. You may want to print out this article to provide to novice shooters at your local range or club.
8 Tips for Gun Range Etiquette
Story by Kyle Jillson for NRABlog
Here are eight tips on range etiquette to keep yourself and others safe while enjoying your day out [at the range]. Special thanks to NRA Headquarters Range General Manager Michael Johns who assisted with this article.
1. Follow the Three Fundamental Rules for Safe Gun Handling
ALWAYS keep the gun pointed in a safe direction.
ALWAYS keep your finger off the trigger until ready to shoot.
ALWAYS keep the gun unloaded until ready to use.
This NSSF Video Covers Basic Gun Range Safety Rules:
2. Bring Safety Gear (Eye and Ear Protection)
Eye and Ear protection are MANDATORY for proper safety and health, no matter if “required” by range rules or not. It is the shooter’s responsibility to ensure proper protection is secured and used prior to entering/using any range. Hearing loss can be instantaneous and permanent in some cases. Eyesight can be ruined in an instant with a catastrophic firearm failure.
3. Carry a Gun Bag or Case
Common courtesy and general good behavior dictates that you bring all firearms to a range unloaded and cased and/or covered. No range staff appreciates a stranger walking into a range with a “naked” firearm whose loaded/unloaded condition is not known. You can buy a long gun sock or pistol case for less than $10.
4. Know Your Range’s Rules
Review and understand any and all “range specific” rules/requirements/expectations set forth by your range. What’s the range’s maximum rate of fire? Are you allowed to collect your brass? Are you required to take a test before you can shoot? Don’t be afraid to ask the staff questions or tell them it’s your first time. They’re there to help.
5. Follow ALL Range Officer instructions
ROs are the first and final authority on any range and their decisions are generally final. Arguing/debating with a Range Officer is both in poor taste and may just get you thrown out depending on circumstances.
6. Don’t Bother Others or Touch Their Guns
Respect other shooters’ privacy unless a safety issue arises. Do NOT engage other shooters to correct a perceived safety violation unless absolutely necessary – inform the RO instead. Shooters have the right and responsibility to call for a cease fire should a SERIOUS safety event occur. Handling/touching another shooter’s firearm without their permission is a major breech of protocol. Offering unsolicited “training” or other instructional suggestions to other shooters is also impolite.
7. Know What To Do During a Cease Fire
IMMEDIATELY set down your firearm, pointed downrange, and STEP AWAY from the shooting booth (or bench). The Range Officer(s) on duty will give instructions from that point and/or secure all firearms prior to going downrange if needed. ROs do not want shooters trying to “secure/unload” their firearms in a cease fire situation, possibly in a stressful event; they want the shooters separated from their guns instantly so that they can then control the situation as they see fit.
8. Clean Up After Yourself
Remember to take down your old targets, police your shooting booth, throw away your trash, and return any equipment/chairs, etc. Other people use the range too; no one wants to walk up to a dirty lane.
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This popular video, viewed over 1.1 million times on YouTube, provides a clear explanation of Minute of Angle (MOA) and how that angular measurement is used. Among novice shooters, there is much confusion over this term. In this NSSF Video, Ryan Cleckner, a former Sniper Instructor for the 1st Ranger Battalion, defines the term, “Minute of Angle” (MOA) and explains how you can adjust for windage and elevation using 1/4 or 1/8 MOA clicks on your scope. This allows you to sight-in precisely and compensate for bullet drop at various distances.
For starters, Ryan explains that, when talking about angular degrees, a “minute” is simply 1/60th. So a “Minute of Angle” is simply 1/60th of one degree of a central angle, measured either up and down (for elevation) or side to side (for windage). At 100 yards, 1 MOA equals 1.047″ on the target. This is often rounded to one inch for simplicity. Say, for example, you click up 1 MOA. That is roughly 1 inch at 100 yards, or roughly 4 inches at 400 yards, since the target area measured by 1 MOA increases in linear fashion with the distance.
Story sourced by Edlongrange.
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Amidst the hue and cry (and Congressional sit-ins) calling for more gun control, few observers have actually looked at the facts. Do we, in fact, have an increasing gun crime problem in this nation? Is gun violence spiraling out of control, as the anti-gunners would have you believe?
What do the verified FACTS say (as opposed to the ‘sky is falling’ anti-gun zealots)? Well, the truth of the matter is that major gun-related crime rates have been steadily on the decline for more than a decade. Likewise, most of the major violent crime rates have been declining over the past two decades. What’s more, even accidental gun deaths have been declining despite a huge rise in gun ownership.
So the next time someone tells you that guns must be outlawed to halt a terrible increase in gun crime, you can respond, with 100% certainty, that gun-related crime is going down, not up.
And interestingly, as the supply of handguns has increased, the amount of property crimes has plummeted. Maybe the bad guys are thinking twice before breaking and entering…
Gun Facts™ debunks common myths about gun control. It is intended as a reference guide for journalists, politicians and anyone interested in learning about gun control facts… crime, and the Second Amendment. The free Gun Facts e-book provides over 100 pages of indexed information.
Credit Boyd Allen for finding this first chart. We welcome reader submissions.
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By Bill Brassard for NSSF
The holidays are just around the corner. As hunters, shooters, collectors or just plain plinkers, it’s a natural instinct to want to share our enjoyment of firearms with others. What better way to do that than to make a gift of a firearm to a family member, close friend or relative?
The first thing to remember if you’re thinking about giving someone a gun is that … it’s a gun! You already know that ownership of a firearm brings with it some serious legal and ethical obligations that other consumer products don’t. So let’s look at some questions you may have about giving a firearm as a gift.
The first question you have to ask is whether the intended recipient can legally own the firearm where he or she lives. More than 20,000 different gun laws on the books, even the kinds of firearms that law-abiding citizens can own vary from place to place; for example, juveniles (under age 18) generally speaking are precluded by law from possessing a handgun. Check out the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) website for an overview of local laws and, whatever you do, don’t forget that you can never under any circumstances transfer a firearm to someone you know — or have reasonable cause to believe — legally can’t own one. That’s a federal felony, so be careful.
Though there’s no federal law that prohibits a gift of a firearm to a relative or friend that lives in your home state, some states (such as California) require you to transfer the gun through a local firearms dealer so an instant background check will be performed to make sure the recipient is not legally prohibited from owning the gun.
The ATF recommends that if you want to give someone a new firearm, rather than going to a gun store, buying it on your own and giving it to, say your father, consider instead purchasing a gift certificate from that retailer and giving it to Dad as his present. That way he’ll get the exact gun he wants, and there’s no question about who is “the actual buyer of the firearm,” which is a question any purchaser must certify on the Federal Form 4473 at the time of purchase.
You can only ship a handgun by common carrier (but not U.S. Mail) and a long gun by U.S. Mail or common carrier to a federally licensed dealer, but not to a non-licensed individual. With all carriers, federal law requires you to declare that your package contains an unloaded firearm. To be safe, always consult your carrier in advance about its regulations for shipping firearms.
What if you want to give “Old Betsy,” your favorite old deer rifle, to your son or daughter as a college graduation gift? Again, in most states, there’s no law that says you can’t, but some states require even inter-family transfers to go through a licensed dealer. Remember, you can never transfer a firearm directly to another person who is a resident of a different state. In that case, you must transfer the firearm through a licensed dealer in the state where the person receiving the gift resides. Using a gift certificate from a firearms retailer near where the recipient lives might be a good solution. Pre-1898 antique firearms are generally exempt from the dealer requirement. [But check with the laws in your jurisdiction]. Be safe and check with your dealer or local law enforcement before you hand over your prized possession.
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In this NSSF Video, Ryan Cleckner, a former Sniper Instructor for the 1st Ranger Battalion, explains how to gather and organize D.O.P.E. (Data On Previous Engagements) and how to organize this information to make it readily available in the field. As the term is used by Cleckner, D.O.P.E. includes observed bullet drop information at various distances, as well as the effects of wind, temperature changes, humidity and other environmental variables.
If you know your muzzle velocity, and bullet BC, a modern Ballistics App should be able to calculate bullet drop with great precision at distances from 100-1000 yards — often within a couple 1/4-MOA clicks. However, because a bullet’s BC is actually dynamic (changing with speed), and because ballistics solvers can’t perfectly account for all variables, it’s useful to collect actual, verified bullet drop data.
It’s smart to start with ballistics data from a solver app, but, as Cleckner explains: “Odds are, you’re going to have to fine-tune that data to your gun and your system. Every scope and every rifle and every bullet [type] act differently. Your scope may not track the same from rifle to rifle, so it’s important you get the data that’s unique to you.” Cleckner also explains that the ballistic data supplied with some factory ammo may only give you a crude approximation of how that ammo will actually shoot through your gun.
Keeping Your Drop Data with the Rifle
Cleckner also offers some good advice on how to record D.O.P.E. on simple index cards, and how to keep your ballistics data with your rifle. This can be done with a laminated drop chart or data transferred to a scope cover (photo right). CLICK HERE, to learn more about creating handy field data cards.
At the 4:15 mark on the video, Cleckner shows a calibrated tape he has fitted around the turret of his riflescope. The tape shows distance numbers (e.g. “4” for 400 yards, “5” for 500 yards etc.) that correspond with the number of clicks (rotation) required to be zeroed at that particular distance. With that system, you simply “dial your distance” and your point of impact should equal your point of aim. It takes some skill (and the right software) to create these tapes, but the concept is great.
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We first ran this article in 2012, and it was very well received. Since then, many Forum members have requested an explanation of MILS and mildots, so we decided to run this feature again…
In this NSSF Video, Ryan Cleckner, a former Sniper Instructor for the 1st Ranger Battalion, defines the term “MilliRadian” (Milrad) and explains how you can use a mildot-type scope to range the distance to your target. It’s pretty simple, once you understand the angular subtension for the reticle stadia dots/lines. Cleckner also explains how you can use the milrad-based reticle markings in your scope for elevation hold-overs and windage hold-offs.
Even if you normally shoot at known distances, the hold-off capability of milrad-reticle scopes can help you shoot more accurately in rapidly-changing wind conditions. And, when you must engage multiple targets quickly, you can use the reticle’s mil markings to move quickly from one target distance to another without having to spin your elevation turrets up and down.
WEB RESOURCES: If you want to learn more about using Milliradians and Mildot scopes, we suggest the excellent Mil-dot.com User Guide. This covers the basics you need to know, with clear illustrations. Also informative is The Truth about Mil Dots by Michael Haugen. Mr. Haugen begins with basic definitions: 1 radian = 2 PI; 1 Milliradian (Milrad or ‘Mil’) = 1/1000th of a radian; 1 Milliradian = .0573 degrees.
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Guns are big money. In the past seven years, the dollars generated by the production and sales of guns and ammo have more than doubled. In fact, total economic impact of the firearms and ammunition industry in the United States increased from $19.1 billion in 2008 to $49.3 billion in 2015, a 158% increase. Meanwhile the total number of gun industry full-time jobs rose from approximately 166,000 to almost 288,000, a 73% increase in that period, according to a report released by the National Shooting Sports Foundation (NSSF), the industry’s trade association. Read NSSF Report HERE.
On a year-over-year basis, the industry’s economic impact rose from $43 billion in 2014 to $49.3 in 2015, a nearly 15 percent increase while total jobs increased from approximately 263,000 to almost 288,000, a 9 percent increase in the same period.
“Our industry is proud to be one of the truly bright spots in our economy as an unprecedented number of Americans have chosen to exercise their fundamental right to keep and bear arms and to safely enjoy the shooting sports,” said Stephen L. Sanetti, NSSF president and CEO. “We have increased our direct workforce by about 21,000 in the last two years alone, adding jobs that pay an average of more than $50,000 in wages and benefits.”
The Firearms and Ammunition Industry Economic Impact Report: 2016 provides a state-by-state breakdown of job numbers, wages and output covering direct, supplier and induced employment, as well as federal excise taxes paid. Access the full report here.
The latest digital edition of Shooting Industry Magazine offers a run-down of hot products at SHOT Show 2016. In this FREE April edition, you’ll find a SHOT Show in Review article, a “Show Stoppers” guide to Buyers’ favorites, a list of products you may have missed, as well as a 2016 New Product Showcase. For anyone interested in new shooting products, you really should read this special April issue cover to cover. This year’s SHOT Show, held January 19-22 in Las Vegas had more than 1600 exhibitors, with a record number of new products on display.
Show Stoppers from Las Vegas
One of the Show Stoppers highlights was a quad-barrel AR Kit. The new Multi-Caliber System (MCS) from Windham Weaponry offers plenty of bang for the buck. The kit comes with four different barrels: .223 Rem, 7.62x39mm, .300 Blackout, and 9mm Luger. The gun’s modular design makes it easy to change calibers by swapping barrels and magazine wells. (That’s right, you change the magwell to fit the caliber — a smart idea. That way you can run proper AK-style 7.62×39 magazines). One dealer stated: “You can get all four conversion kits in a hard-sided case at a decent prices. The fact you can change calibers so quickly is going to make this a big seller.”
New Product Showcase
Along with the Show Stoppers Guide, this April issue of Shooting Industry Magazine featured “Products You May Have Missed At SHOT Show” as well as a New Product Showcase. The Showcase highlights interesting new products from Benelli, Browning, Colt, Kimber, Nikon, McMillan, Nosler, Polycase, and many other leading brands.
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The National Shooting Sports Foundation (NSSF) has launched a health plan for employers and employees in the gun industry. The new Firearms Industry Health Advantage plan allows businesses to upgrade their in-place employee benefits with a low-cost, non-traditional benefit program. Designed to save both time and money when non-life-threatening minor illnesses and injuries occur, the Health Advantage utilizes board-certified doctors to diagnose and treat patients 24/7 via telephone or the live-chat features on computers, tablets and other smart devices. This can help beneficiaries get treatment faster, with fewer hassles and delays.
Firearm Industry Health Advantage Plan
This plan saves employees time and money with 24/7 access to a doctor by phone or online video consult. Smarter Benefits for Smarter Living:
— On demand healthcare – whenever, wherever in the United States.
— U.S. board-certified doctors with an average 15 years practice experience.
— Get diagnosis, treatment options and prescription if necessary.
— Consultations for all ages – from children to seniors.
— 24/7 access by phone or online video consult.
— 16 minutes average call back time.
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The U.S. House of Representatives. in a decisive 242-161 vote last week. passed H.R. 2406, the Sportsmen’s Heritage and Recreational Enhancement (SHARE) Act. Because the SHARE Act is the most important pro-sportsmen and pro-hunting legislation in a generation, this legislation was a top priority for the National Shooting Sports Foundation (NSSF). Twelve Democrats joined the Republican majority to ensure passage. Only four Republicans voted against the SHARE Act. All attempts to amend the legislation with unfavorable provisions were defeated. Favorable amendments were passed. Read the NSSF press release.
You have probably watched one of the excellent shooting sports videos Ryan Cleckner has done for the NSSF. Ryan’s Understanding Minute of Angle (MOA) video has been viewed over one million times. Ryan is noted for his ability to explain complex topics in an easy-to-comprehend manner. Now Cleckner has authored a book, the Long Range Shooting Handbook, which expands on the topics covered in his popular video series. You can view Sample Chapters from Ryan’s Book on Amazon.com.
As a long-range shooting expert, Ryan Cleckner has impressive credentials. Cleckner was a special operations sniper (1/75 Rgr) with multiple combat deployments, and he has served a U.S. Army sniper instructor. Currently he works as a firearms industry executive and attorney.
The Long Range Shooting Handbook is divided into three main categories: What It Is/How It Works, Fundamentals, and How to Use It. “What It Is/How It Works” covers equipment, terminology, and basic principles. “Fundamentals” covers the theory of long range shooting. “How to Use It” gives practical advice on implementing what you’ve learned, so you can progress as a skilled, long range shooter.
Ryan Cleckner’s new book is designed as an introduction to important fundamental concepts such as MOA vs. Mils, External Ballistics, and Environmental Effects. Included are personal tips and advice based on Cleckner’s years of experience as a sniper instructor and special operations sniper.
Iain Harrison, editor of Recoil Magazine said: “Whether you’re looking to dip a toe into the complex world of long range shooting, or you’re a seasoned shooter with years of trigger time, Ryan Cleckner’s book will prove to be excellent reference material. Well written and easy to understand, it covers all the essential topics that a well-rounded shooter needs to master.”
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Appeals Court Remands Decision for ‘Strict Scrutiny’ of Second Amendment Issue.
Earlier this week, the U.S. Court of Appeals for the Fourth Circuit overturned a Federal District Court decision finding the 2013 State of Maryland Firearm Safety Act (FSA) to be constitutional under “intermediate scrutiny” review. In the Case of Kolbe v. Maryland, the Appellate Court held that Maryland’s FSA should, as a matter of law, be subject to “strict scrutiny” under the Second Amendment of the U.S. Constitution. The Kolbe v. Maryland case was filed to challenge Maryland’s 2013 ban on so-called assault weapons and high-capacity magazines.
The National Shooting Sports Foundation (NSSF), which helped challenge the Maryland law, explained that this bodes well for those seeking to nullify portions of Maryland’s 2013 FSA which imposed broad restrictions on firearms including semi-automatic rifles. The NSSF reports:
The [Appellate Court] vacated the District Court’s denial of the plaintiffs’ claims and remanded the case to the lower court, ordering that it apply the appropriate strict standard of review.
Writing for the three-judge appellate court panel that heard the case, Kolbe v. Maryland, Chief Judge William B. Traxler wrote: “In our view, Maryland law implicates the core protection of the Second Amendment — ‘the right of law-abiding responsible citizens to use arms in defense of hearth and home, District of Columbia v. Heller, 554 U.S. 570,635 (2008), and we are compelled by Heller and McDonald v. City of Chicago, 561 U.S. 742 (2010), as well as our own precedent in the wake of these decisions to conclude that the burden is substantial and strict scrutiny is the applicable standard or review for Plaintiffs’ Second Amendment claim.”
“We are greatly heartened by the Fourth Circuit panel’s ruling today,” said Lawrence G. Keane, NSSF Senior Vice President and General Counsel. “As this important case goes forward, NSSF will continue to work with our co-plaintiffs to ensure that our citizens’ Second Amendment rights are protected and that the lawful commerce in firearms is restored in support of this constitutional protection.”
Response from NRA Institute for Legislative Action
Chris W. Cox, the executive director of the National Rifle Association’s Institute for Legislative Action, issued the following statement in reaction to the 4th Circuit Court of Appeals decision in Kolbe v. Maryland: “The Fourth Circuit’s ruling is an important victory for the Second Amendment. Maryland’s ban on commonly owned firearms and magazines clearly violates our fundamental, individual right to keep and bear arms for self-defense. The highest level of judicial scrutiny should apply when governments try to restrict our Second Amendment freedoms.”
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