Today we showcase three videos that cover current issues with gun sales and Second Amendment rights. We lead off with an NSSF interview video that covers key actions that will affect gun owners. The first is the adoption of new product/merchant categories that will allow credit card companies to track firearm purchases. This causes concern because it can identify persons as gun buyers when they only purchased outdoor gear or accessories. And it creates the risk of creating a list of gun owners — even though a national registry is forbidden by Federal law.
The first video, from the NSSF, also covers the impact of a recent Executive Order by President Joe Biden. This seeks to impose new types of gun control by fiat — without the approval of Congress. This new Executive Order is also covered in a recent BackFire TV video and a good video from the U.S. Concealed Carry Association (USCCA).
The NRA-ILA explains: “Joe Biden issued an Executive Order on gun control that could accurately be described as a mile wide and an inch deep. There is no doubt what it all adds up to: antagonism toward gun ownership is now the official policy of the U.S. government’s Executive Branch.
Now, Biden is basically directing an alphabet soup of federal departments — including Justice, Health and Human Services, Education, and Homeland Security — to comb through the BSCA and come up with their own plans to implement it to the fullest extent possible.”
NSSF President Discusses Credit Card Issues and Executive Order
Here is a very informative video from the National Shooting Sports Foundation (NSSF). The video features NSSF President/CEO Joe Bartozzi interviewed by NSSF’s Erik Scarpati. The 20-minute video interview covers three main topics. First NSSF Pres. Bartozzi covers the history of the NSSF and explains its current mission to support the Second Amendment and promote the shooting sports. Second the interview covers some very concerning developments — how Federal agencies are pushing Credit Card companies to track firearms-related purchases. This is being done through the use of Merchant and Product Category Codes. This could effectively be used to create a de facto gun registry, which is specifically prohibited by Federal law. Third the interview covers the terms of President Biden’s recent Gun Control Executive Order.
Significant Issues with Biden Executive Order
Backfire TV head honcho Jim Harmer has built a popular YouTube Channel with over 650,000 subscribers. He is also a licensed attorney based in Utah. In this video, he discusses key items in President Biden’s recent Executive Order concerning firearms. Harmer explains the ways this Executive Order could restrict Second Amendment rights and encourage multiple Federal agencies to interfere with gun owners.
Specifics of Biden Executive Order — Gun Buyer Lists, Red Flag Laws, and More…
President Joe Biden recently signed an Executive Order paving the way for eventual universal background checks, red flag laws, and further gun control measures. In this video, Katie Pointer-Baney, USCCA Director of Government Affairs, outlines what this Executive Order could mean for the future of private gun sales, Federal Firearms Licensees, and the Safer Communities Act.
Here are highlights from the video:
00:00 President Biden’s Executive Order
01:25 What is an Executive Order?
02:28 Accelerating the Safer Communities Act
03:02 How does the Order affect FFLs?
03:20 Law-abiding citizens and private gun sales
05:09 Let your elected representatives hear your viewpoint
How Credit Card Tracking Affects Gun Owners
The use of special Codes for outdoor sports stores is problematical to say the least. There is a real concern that there would be broad over-reporting of sales relating to guns, because the Code would be applied to a variety of purchases.
NRA America’s First Freedom explains: “A person who uses a credit card to purchase a gun safe, a trolling motor and binoculars from a sporting goods store over several weeks or months, as well as any ammunition they might need, will make all of these purchases under the same proposed MCC used for gun sales. If anti-Second Amendment extremists get their way, these purchases could then prompt a credit-card company to report the sales to the authorities. Next, a police officer, or an agent from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), might show up at a citizen’s home to find out why they’ve been buying so much stuff from their local ‘gun store’.”
In response to an unprecedented, partisan attack on the firearm industry, lead by the Democratic administration in Washington, Smith & Wesson Brands, Inc. President & CEO Mark Smith responded this week with the following statement:
“A number of politicians and their lobbying partners in the media have recently sought to disparage Smith & Wesson. Some have had the audacity to suggest that after they have vilified, undermined and defunded law enforcement for years, supported prosecutors who refuse to hold criminals accountable for their actions, overseen the decay of our country’s mental health infrastructure, and generally promoted a culture of lawlessness, Smith & Wesson and other firearm manufacturers are somehow responsible for the crime wave that has predictably resulted from these destructive policies. But they are the ones to blame for the surge in violence and lawlessness, and they seek to avoid any responsibility for the crisis of violence they have created by attempting to shift the blame to Smith & Wesson, other firearm manufacturers and law-abiding gun owners.
It is no surprise that the cities suffering most from violent crime are the very same cities that have promoted irresponsible, soft-on-crime policies that often treat criminals as victims and victims as criminals. Many of these same cities also maintain the strictest gun laws in the nation. But rather than confront the failure of their policies, certain politicians have sought more laws restricting the 2nd Amendment rights of law-abiding citizens, while simultaneously continuing to undermine our institutions of law and order. And to suppress the truth, some now seek to prohibit firearm manufacturers and supporters of the 2nd Amendment from advertising products in a manner designed to remind law-abiding citizens that they have a Constitutional right to bear arms in defense of themselves and their families.
We are proud of our 170-year history. We are proud of the commitment of our employees to making a quality product. We are proud to provide law-abiding citizens and law enforcement – our customers – with the tools to provide for their security and independence. We are proud of our responsible business practices.
We will continue to work alongside law enforcement, community leaders and lawmakers who are genuinely interested in creating safe neighborhoods. We will engage those who genuinely seek productive discussions, not a means of scoring political points. We will continue informing law-abiding citizens that they have a Constitutionally-protected right to defend themselves and their families. We will never back down in our defense of the 2nd Amendment.”
Through Executive action, without new Federal legislation, the Biden Administration, acting through the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) is moving to ban the direct sale of unfinished firearm frames and receivers which could be built into functional guns with some additional work and components. (Top photo from GunsAmerica Digest.)
This week, the Biden administration announced the final ruling for ATF 2021R-05, “Definition of ‘Frame or Receiver’ and Identification of Firearms”. Among its provisions, the ruling will effectively eliminate the distribution of “80% Kits” and require FFLs and gunsmiths to serialize such kits upon acquisition. The rule will go into effect 120 days from the date of publication in the Federal Register.
“This ruling will have significant regulatory and operational impacts on FFLs, gun owners and the entire firearms industry,” said Phil Milks, Orchid LLC VP and FFL Law Lead Attorney. “It’s imperative firearm manufacturers and retailers review the ruling in detail and evaluate their manufacturing, serialization and recordkeeping processes to ensure compliance when the new regulations go into effect. We urge FFLs to contact Orchid to learn more about this ruling and how it may affect their firearms business.”
New ATF Ruling Covered at Upcoming 2022 Firearm Industry Conference
The ATF’s new policies on unfinished receivers will be the focus of a seminar at the 2022 Firearms Industry Conference (FIC), April 26-27 in Atlanta, Georgia. At the FIC seminar/discussion, ATF executives will review the new ruling and take questions. Agency personnel will also be available during scheduled breakout sessions and private FFL/ATF meetings. The seminar/discussion will be hosted by Orchid LLC and the Williams Mullen Firearms Industry Group.
“With ATF executives in attendance, we believed it was important for attendees to have an opportunity to hear from and engage with their leadership in open dialogue,” said Orchid CEO, Jon Rydberg.
Over 20 ATF executives will attend FIC 2022, including:
– Marvin Richardson, Acting Director, ATF
– Tom Chittum, Acting Associate Deputy Director, ATF
– Alphonso Hughes, Asst. Director, Office of Enforcement Programs & Services
– Andy Graham, Deputy Asst. Director, Office of Enforcement Programs & Services
– Marianna Mitchem, Chief, Firearms & Explosive Industry Division
– Curtis Gilbert, Deputy Asst. Director (Industry Operations), Office of Field Operations
– Andrew Lange, Chief, Office of Regulatory Affairs
“The Firearms Industry Conference is critically important, especially this year, to the firearms industry”, said Chuck James of the Williams Mullen Firearms Industry Group. Held April 21–27, FIC 2022 features virtual and in-person sessions led by Federal agency personnel, firearms industry leaders, and subject matter experts. Sessions are broken intro three tracks: Firearms Industry Law & Finance, FFL Compliance, and FFL Technology. FIC On-Air™ will be held online April 21–22, followed by FIC Workshops on April 25, with the main FIC event on April 26–27 in Atlanta. To register for FIC 2022, visit orchidadvisors.com/FIC.
“Whether it is a 9mm pistol, or a rifle, it is ridiculous. I am continuing to push to eliminate the sale of those things.” — President Biden, CNN Townhall, 2021.
CCRKBA TV Notice Quotes President’s Aim to Ban Common Handguns
The Citizens Committee for the Right to Keep and Bear Arms (CCRKBA) has a new 60-second TV message on several cable networks which exposes the Biden Administration’s true gun control agenda. The focus of the message are the President’s own, undeniable admission that he wants to ban 9mm handguns.
“Neither Joe Biden nor his White House handlers can sugar-coat the president’s acknowledgement during a CNN Townhall program that he intends to ban some of the most popular pistols in the country,” said CCRKBA Chairman Alan Gottlieb. “This was no Biden gaffe[.] It was an admission … that his hope is to ban 9mm handguns owned and used by tens of millions of Americans, including thousands of police officers.”
Biden was responding to a question about gun control when he told his audience: “Whether it is a 9mm pistol, or a rifle, it is ridiculous. I am continuing to push to eliminate the sale of those things.”
“Biden cannot walk that one back no matter how hard he tries,” Gottlieb said, “and we’re going to keep reminding America about what he said. This is not going to be swept under the rug as just another one of Joe Biden’s famous slips of the tongue.”
“When Joe Biden ran for the presidency,” Gottlieb recalled, “his gun control plan was already extreme, but now he’s exposed himself as a handgun prohibitionist. We’re going to energize every American gun owner possible to stop Biden’s radical agenda.”
CCRKBA’s 60-second message will be broadcast on multiple major cable outlets and networks, including AMC, CNN, MSNBC, FOX, The Weather Channel, HLN, Dish TV, CNBC, the Outdoor Channel and Sportsman Channel and many more.
With more than 650,000 members, the Citizens Committee for the Right to Keep and Bear Arms is one of the nation’s leading gun rights organizations. The non-profit Citizens Committee is dedicated to preserving firearms freedoms through active lobbying of elected officials and grass-roots organization of gun rights activists throughout the USA. For more information, visit CCRKBA.org.
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New American President Joseph Biden, just three weeks after taking office, called for radical, sweeping gun control measures that could dramatically harm the gun industry and strip away citizens’ rights under the Second Amendment of the U.S. Constitution.
On February 14, 2018, Biden said in a statement that his administration will “not wait for the next mass shooting” but will instead “take action” to “end our epidemic of gun violence.”
According to Guns America Digest: “Biden … wants lawmakers to criminalize private transfers, ban many semi-automatic firearms and accessories in common use, and repeal the Protection of Lawful Commerce in Arms Act, which protects the gun industry from being held liable for the criminal misuse of firearms.”
Biden stated: “Today, I am calling on Congress to enact common-sense gun law reforms, including requiring background checks on all gun sales, banning assault weapons and high-capacity magazines, and eliminating immunity for gun manufacturers who knowingly put weapons of war on our streets”.
President Biden is calling for legislation that would ban Modern Sporting Rifles such as the AR-15, shown here as adapted for High Power competition:
The elimination of the Protection of Lawful Commerce in Arms Act could have disastrous consequences for the general shooting sports industry and firearms makers. This is because it would expose gun-makers to civil lawsuits for injuries caused by criminals using guys. As explained by the NRA-ILA:
About the Protection of Lawful Commerce in Arms Act By NRA-ILA
Joe Biden has unveiled his agenda for his first 100 days in the White House, and his list includes an initiative aimed at nothing less than the destruction of the U.S. firearms industry. This is what would happen if Biden succeeds in his pledge to repeal the Protection of Lawful Commerce in Arms Act.
Imagine if firearm manufactures and sellers – even those who strictly followed the laws enacted to regulate their industry – faced potential civil liability every time a criminal misused a firearm. The affect would be similar to holding automobile makers and dealers responsible for injuries caused by drunk drivers. No business, no matter how conscientious and law-abiding, could ever survive being liable for the acts of millions of random people over whom it had no control.
And that is exactly why the law generally imposes no duty on a person or entity to control the acts of third persons to prevent them from causing harm (unless the person or entity has certain types of relationships with those causing the harm or being harmed).
Yet gun control activists in and outside of government hoped to rewrite that principle when it came to the makers and sellers of firearms. During the 1980s and ’90s, a coordinated series of lawsuits against the gun industry sought to hold these businesses responsible for the criminal acts third parties committed with firearms.
This egregious abuse of the legal system to destroy an industry providing constitutionally protected goods and services sparked a bipartisan response from coast to coast. Thirty-four states passed laws to block these suits in their own courts. Finally, in 2005, Congress followed these examples by enacting the Protection of Lawful Commerce in Arms Act (PLCAA) to provide a floor of protection nationwide.
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