Everytown Comes Out from Behind the Curtain
By Larry Keane, NSSF Senior V.P. and General Counsel
For years, gun control organizations have been seeking to dismantle the bipartisan Protection of Lawful Commerce in Arms Act (PLCAA). That’s the crucial federal law shielding firearm manufacturers and sellers from frivolous lawsuits designed to bankrupt law-abiding businesses by blaming them for the criminal misuse of lawfully-sold firearms … and impose gun control through court-ordered settlements. It is what former Clinton Secretary of Labor Robert Reich dubbed “regulation through litigation”.
Gun control advocates have unsuccessfully urged Congress to repeal the law, falsely claiming it provides total immunity from all lawsuits — a falsehood regularly repeated by President Joe Biden even though the media has fact-checked him and said it is not true. In court, these groups have unsuccessfully challenged the PLCAA’s constitutionality. Attorney General Merrick Garland testified before Congress that the PLCAA was Constitutionally-sound, despite the contrary rhetoric coming from The White House and the gun ban lobby. They continue to ask courts to misapply the law’s exceptions (disproving the total immunity claim). All these efforts are designed to open up a new floodgate of frivolous litigation against the industry not seen since the late 1990s and early 2000s. It was that litigation which the bipartisan PLCAA prevents.
Now, the enemies of the Second Amendment have opened up a new line of attack on the PLCAA. Surreptitiously led by the Bloomberg-funded Everytown for Gun Safety, they have convinced a few “Blue” antigun legislatures to pass unconstitutional “public nuisance” (anti-PLCAA) statutes. These statutes attempt an end run around the PLCAA to set the table for a renaissance of reckless lawsuits against members of the industry. NSSF is challenging the Everytown-backed laws in New York, New Jersey, Delaware, California, Illinois, Washington and Hawaii.
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Everytown’s masquerade as a champion of responsible firearm regulation is a sham. Their actions speak louder than their hollow words. By actively participating in “public nuisance” lawsuits and championing laws like Hawaii’s HB 426, Everytown lays plain its intention to undermine the PLCAA and smother the firearm industry with irrational restrictions that only erode the Second Amendment rights of Americans and do nothing to make communities safer. Their track record of manipulating tragic events for their own political gain is morally reprehensible.
The days of black rifles at Walmart are over apparently. Walmart plans to halt sales of AR-platform rifles and other mag-fed semi-automatic rifles (as well as certain semi-auto shotguns with capacities of 7+ rounds). Currently, AR-15s and other “modern sporting rifles” are sold in roughly one third of the company’s 4,600 U.S. stores. Walmart is the USA’s largest vendor of rifles and ammo, so this is a significant policy change that will impact sportsmen across the country.
Walmart says that its decision to stop selling semi-auto rifles is prompted by reduced demand for AR-type rifles, rather than by political pressures. Walmart spokesman Kory Lundberg told Bloomberg Business, “If you have a product customers aren’t buying, you phase it out,” he said. Shoppers “were buying shotguns and rifles, and so we are increasing assortment in that.” Lundberg stated that Walmart would sell down its remaining AR inventory to zero as stores transition from summer to fall merchandise. (Source: CTD Shooter’s Log, August 28, 2015).
In a recent CNN interview, Walmart CEO Douglas McMillon said: “Our focus, as it relates to firearms, should be hunters and people who shoot sporting clays, and things like that. So the types of rifles we sell, the types of ammunition we sell, should be curated for those things. We believe in serving those customers, we have for a long time, and we believe we should continue to.” But when asked if he would discontinue sales of semi-automatic long guns, McMillon said, “Yes.”
READ MORE About Walmart’s Decision to Halt AR Sales
Americans of all walks of life are purchasing more pistols, rifles, and shotguns than ever before. Based on NSSF-adjusted FBI background check (NICS) records, American purchased 10,791,275 firearms in 2011. That’s an all-time record, and a 14% increase over 2010. Gun sales hit a new high in 2011 after a decade of steady increases (see chart). In 2002, ten years ago, slightly less than 7,000,000 firearms were sold. The 2011 sales figure represents a 54.1% increase over 2002 sales. And the NICS figures are conservative, because they do not report multiple gun sales made with a single background check.
Gun Ownership Becomes More Universal
The increase in gun sales over the last ten years reflects growth in the ranks of gun owners. A significant percentage of recent sales have been made to first-time gun owners. And more women are arming themselves. Gun ownership is becoming more universal, not limited to the traditional groups of male hunters and sportsmen. A recent Gallup Poll found that: “47 percent of American adults currently report that they have a gun in their home or on their property”.
First-time buyers and women are driving the spike in gun sales. USA Today reports: “Some gun industry analysts attributed the unusual surge to a convergence of factors, including an increasing number of first-time buyers seeking firearms for protection and women who are being drawn to sport shooting and hunting.” Confirming that view, Bloomberg.com states that more women, liberals, and Democrats are buying guns. Multiple factors are at work according to CNBC.com: “Uncertainty in a presidential election year. Warriors returning from the battlefields. The comeback of the hunter. These are just some of the reasons… why firearms makers are ringing in 2012 like gangbusters.”
Gallup Gun Ownership Poll Summary
“A clear societal change took place regarding gun ownership in the early 1990s, when the percentage of Americans saying there was a gun in their home or on their property dropped from the low to mid-50s into the low to mid-40s and remained at that level for the next 15 years. Whether this reflected a true decline in gun ownership or a cultural shift in Americans’ willingness to say they had guns is unclear. However, the new data suggest that attitudes may again be changing. At 47%, reported gun ownership is the highest it has been in nearly two decades — a finding that may be related to Americans’ dampened support for gun-control laws. However, to ensure that this year’s increase reflects a meaningful rebound in reported gun ownership, it will be important to see whether the uptick continues in future polling.”
The NSSF adjusts NICS data by subtracting out 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. In addition to other purposes, NICS is used to check transactions of firearms sales and transfers on new and used handguns and long guns. For more NICS info visit the NICS website.
First-time buyers and women are driving the spike in gun sales. 
