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June 13th, 2010

GAO Ruling Affirms Amtrak Must Allow Guns as Checked Baggage

Amtrak gun transportIn December 2009, President Obama signed a transportation funding bill that included a provision allowing Amtrak passengers to bring firearms aboard trains — provided the arms are stowed in locked, checked baggage.

Amtrak’s gun ban was instituted after the 9/11/2001 terrorist attack. The 2009 legislation will restore rail riders’ rights that existed prior to “9/11″. Amtrak has until December to put the new law into effect, and Amtrak is obliged to deliver an implementation plan to Congress next week.

Amtrak officials have resisted the new policy on gun transport from the beginning, pointing to a shortage of funding. However, just last week, on 6/10/2010, the Government Accounting Office (GAO) removed any “wiggle room” for Amtrak. The GAO held that the legislation obligating Amtrak to carry firearms was “permanent law”, erasing doubts that Amtrak would have to comply. The amendment (to the 2009 funding bill) which obliges Amtrak to resume firearms carriage was authored by Sen. Roger Wicker (R-MS). Senator Wicker explained the purpose of his amendment: “Sportsmen who would like to use an Amtrak train for hunting trips cannot do so because they are not allowed to bring a firearm in checked luggage, something that is done every day at airports across our country.”

How does all this shake-out for shooters traveling by rail? Amtrak’s current policy still prohibits carriage of firearms on trains, and that won’t change until December, 2010. Below is the language of Amtrak’s stated rules regarding transport of firearms:

AMTRAK Baggage Policy — Firearms in Checked Baggage
Amtrak’s current policy prohibits all firearms, ammunition and other weapons aboard its trains. This includes any being carried on the person, in carry-on baggage, or in checked baggage. Please be advised that this policy remains in effect until Amtrak begins firearm carriage service by December 2010.

The Departments of Transportation and Housing and Urban Development, and Related Agencies Appropriations Act of 2010, enacted into law on December 16, 2009, requires Amtrak to implement the procedures necessary to provide storage and carriage of firearms in checked baggage cars and at Amtrak stations that accept checked baggage, within one year of the bill’s enactment. This requirement applies solely to checked baggage, not carry-on baggage.

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April 17th, 2010

Important Rules Governing Shipment of Firearms and Air Travel

NSSF VP and Gen’l Counsel Lawrence Keane has analyzed the laws governing transport of firearms and ammunition. Here Keene explains long-standing restrictions as well as some new rules that affect firearms owners who ship guns by Common Carrier or who bring firearms when they travel by air.

Disclose to the Carrier if Contents Include Firearms or Ammunition
In a recent case, an individual was criminally prosecuted by the federal government for shipping two guns and some ammunition via a common carrier. The federal government also seized and forfeited the firearms and ammo. Why? Because the shipper “knowingly” failed to disclose to the carrier in writing that the contents of the package contained firearms and ammo. He violated Section 922(e) of the Gun Control Act. This case provides an important lesson for all of us who may, for example, ship a firearm to ourselves for an event rather than check the firearm as luggage.

You MUST declare the contents to the common carrier in writing (on the carrier’s form, check the box/fill in the line). It is a crime to “knowingly to deliver or cause to be delivered to any common or contract carrier for transportation or shipment . . . to persons other than a licensed [importer, manufacturer, dealers, or collector], any package or other container in which there is any firearm or ammunition without written notice to the carrier that such firearm or ammunition is being transported or shipped.”

Transportation Safety AgencyName on Airline Reservations and Picture ID must be Identical
An important new change is taking place for everyone who travels. The Transportation Security Administration (TSA) has launched a program called “Secure Flight,” which will require travelers to provide their full name as it appears on the government-issued identification they will be traveling with (i.e. passport, driver’s license) when making airline reservations. With this change, you will no longer be able to travel under an abbreviated name or nickname (i.e. Scott vs. W. Scott, Liz vs. Elizabeth or Bill vs. William). This change in airline procedure may affect you and require you to make changes to how your name appears in your travel documents including profiles with your travel agency.

Transportation Safety AgencyEducate Yourself About Restricted Items
The TSA offers a comprehensive list of all prohibited items on its website, www.TSA.gov. The lengthy list explains which items may be carried on and which must go in checked luggage. The exhaustive list of items barred from carry-on includes many things you might not expect.

For example, it is illegal to have drill bits or even screwdrivers (more than 7″ in length) in carry-on luggage. Scissors longer that 4″ must be checked. Hammers must be checked. Gel shoe inserts must be removed and checked, and even snow globes may not be carried on a plane. Because its hard to remember all the restrictions, we recommend you download the TSA’s digital PDF brochure on restricted items, and use it for reference before your new airline trip.

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May 6th, 2008

Shooting USA Features 2008 Shot Show This Week

This Wednesday night, May 7th, Shooting USA will reprise its 2008 SHOT Show Special. The hour-long broadcast on the Outdoor Channel will include footage shot on the floor of the SHOT Show in Las Vegas.

ShootingUSA Shot Show 2008

If you couldn’t attend SHOT Show yourself, this is “must-see” television. Over 2,000 gun, hunting, and outdoor product manufacturers showcased their products at the 2008 SHOT Show. Shooting USA’s camera team found many new exciting products to feature. In addition, Shooting USA covers the Firearms Media Range Day. Held the day before SHOT Show opened at the Las Vegas Convention Center, Range Day gave media members “hands-on” experiences with some of the latest pistols, rifles, and shotguns to hit the market.

Wednesday’s May 7th broadcast times for the Shooting USA Shot Show Special on the Outdoor Channel are:

Eastern Time: 4:30 PM, 8:30 PM
Central Time: 3:30 PM, 7:30 PM
Mountain Time: 2:30 PM, 6:30 PM, Midnight
Pacific Time: 1:30 PM, 5:30 PM, 11:00 PM

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January 8th, 2008

Citicorp Refuses to Process Firearms Transactions

The NSSF reports that Citicorp’s Merchant Services Division is refusing to process gun-related customer credit-card sales. This applies both to legal firearms transactions conducted through licensed FFLs as well as ordinary sales of firearms accessories. The first company to be affected by this decision appears to be firearms distributor CDNN Sports, a large retail operation based in Texas. Citi Merchant Services and First Data notified CDNN that its merchant services account would be terminated and funds seized. (Citicorp Merchant Services employs First Data Merchant Services Corporation to handle credit card transactions.)

Charlie Crawford, president of CDNN Sports Inc., explained: “We were contacted recently by First Data/Citi Merchant Services by a June Rivera-Mantilla stating that we were terminated and funds were being seized for selling firearms in a non-face-to-face transaction. Although perfectly legal, we were also informed that no transactions would be processed in the future, even for non-firearms.”

If you have a Citigroup credit card, or use Citibank for your banking services, you may want to consider shifting your accounts to another financial services provider — and be sure you tell the Citibank representatives why you are making the shift. If gun owners act in solidarity, other credit card companies may think twice about following Citigroup’s lead in refusing to handle gun transactions. To voice your concern to Citi Merchant Services and First Data Corp. directly, you can contact June Rivera-Mantilla at 631-683-7734 or Robert Tenenbaum at 631-683-6570.

If you run a firearms-related business and wish to shift to an NSSF-affiliated credit card processing program, contact Payment Alliance International at 1-866-371-2273 (ext. 1131).

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November 21st, 2007

Supreme Court Agrees to Hear Landmark Second Amendment Case

The U.S. Supreme Court has granted certiorari in the much-discussed District of Columbia v. Heller case (Docket 04-7041), previously known as Parker vs. District of Columbia. This means the High Court WILL review the decision by the D.C. Circuit Court of Appeals striking down the D.C. statute banning residents from owning handguns. The Court of Appeals held that the District of Columbia’s anti-gun law violated the Second Amendment of the U.S. Constitution. In reaching its decision, the Appellate Court found, as a matter of law, that the Second Amendment provides an individual right to keep and bear arms. This was a “breakthrough” finding. Other Circuit Courts of Appeal have held that the Second Amendment merely confers a “collective right” to keep and bear arms. In practical terms, this means that the Second Amendment applies to an organized militia (i.e. the National Guard), but not to individuals.

The High Court’s decision to hear D.C. v. Heller is historically significant. This will represent the first time the Supreme Court rules directly on the meaning of the Second Amendment since the U.S. v. Miller case in 1939. The decision in Miller was poorly reasoned and left many basic issues unresolved, including the key question “Does the Second Amendment confer an individual or collective right?”

The “collective right” interpretation of the Second Amendment is disfavored among legal scholars, despite what anti-gun advocacy groups claim. Many of the nation’s most respected law professors, including Lawrence Tribe of Harvard Law School, Akhil Reed Amar of Yale, William Van Alstyne of Duke, and Sanford Levinson of the Univ. of Texas, have strongly argued that the Second Amendment secures an individual right to keep and bear arms.

BACKGROUND
The mayor of Washington, D.C., Adrian M. Fenty, filed the appeal to the U.S. Supreme Court, setting the stage for the High Court to rule. According to FBI statistics, Washington D.C., despite its gun ban, ranks as one of the most dangerous cities in the United States and maintains one of the highest per-capita murder rates in the country.

In March, the United States Court of Appeals for the District of Columbia, in striking down the District’s gun ban, held in Parker, et al., v. District of Columbia that “The phrase ‘the right of the people’ . . . leads us to conclude that the right in question is individual.” This was the second time in recent history that a Federal Circuit Court upheld the view that the Second Amendment was an individual right. In 2001, the United States Court of Appeals for the Fifth Circuit ruled in the case of U.S. v. Emerson that “All of the evidence indicates that the Second Amendment, like other parts of the
Bill of Rights, applies to and protects individual Americans.”

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