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 38th annual Gun Rights Policy Conference (GRPC), co-hosted by the Second Amendment Foundation (SAF) and Citizens Committee for the Right to Keep and Bear Arms, will be held Friday-Sunday, September 22-24, 2023, in Phoenix, Arizona. The conference is FREE to attend, if you pre-register. CLICK HERE to register online.
The theme of this year’s event, which will be held at the Marriott Phoenix Airport Hotel, is “Road to Liberty!”. GRPC Registration is available online at the SAF website. If you are near Phoenix that weekend, you may definitely want to attend. For those unable to attend, the conference will be featured on multiple platforms including YouTube and Facebook.
As in the past, this year’s conference and all materials are FREE!
This year’s conference will be attended by more than 600 gun rights advocates and activists and will feature a veritable “Who’s Who” of leaders in the Second Amendment movement. More than 80 speakers will offer presentations on a variety of subjects, including legislation, the upcoming 2024 elections, firearms litigation, ATF policy changes, and more.
Notable scheduled speakers this year include Alan Gottlieb, Adam Kraut, Stephen Hallbrook, John Lott, Massad Ayoob, Mark Smith, AWR Hawkins, John Correia, Ryan and Tom Gresham, Mark Walters, Stephen Gutowski and representatives and staff from SAF, CCRKBA, FPC and GOA as well as leaders of state organizations. Learn more about the speakers on the GRPC Speaker Bio Page.
Gun Rights Policy Conference Schedule
Friday, September 22: The conference begins with registration and an evening reception, 7-9 pm.
Saturday, September 23: The conference gets fully underway with panel discussions, individual presentations, and the annual awards luncheon. It’s an all-day event running from 8 am to 6 pm.
Sunday, September 24: The conference has more panel discussions and reports from 9 am to 1 pm.
SAF founder and Executive V.P. Alan Gottlieb said this year’s GRPC event occurs at a critical time for the Second Amendment movement: “Our rights have been under continuing and unrelenting attacks from the Biden administration. While we have seen several Second Amendment victories in the courts and the various state legislatures. We are witnessing continued growth in the number of legally-armed citizens, with more than half of the states now enjoying Constitutional/permitless carry.”
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Would you like gun and outdoor industry companies to learn what products you favor, or what types of hunting you prefer? Then you may want to take a FREE SURVEY.
Your responses help the hunting, recreational shooting, and defensive firearms markets develop new products and improve services. The results are shared with conservation and advocacy groups, allowing them to advance conservation and pro-second amendment issues. To participate, go to ShooterSurvey.com or HunterSurvey.com. NOTE: An email address is required.
Here are some interesting results from recent surveys:
NOTE: Results exceed 100% because many shooters use multiple firearms and/or bow types.
NOTE: Results exceed 100% because many hunters pursue multiple species.
If you take the survey, you get a chance to win a $100 gift card. Each quarter, respondents are entered into a drawing for one of five $100 gift cards to the outdoor retailer of their choice.
About Shooter Survey and Hunter Survey
Southwick Associates launched the HunterSurvey and ShooterSurvey in 2006 to help state Fish & Wildlife Agencies, conservation organizations, and the outdoor equipment industry understand what hunters, recreational target shooters, and personal protectors want and need. Survey results reflect the attitudes and habits of hunters and recreational shooters across the United States and are analyzed to develop new products, provide better services, and make smarter decisions that help improve public hunting, recreational shooting, and protection opportunities.
All survey responses are kept strictly confidential. Only summaries of the responses are used in reporting. However, to take the survey you must provide an email address to Southwick Associates. We recommend you NOT sign up with a primary business or personal email.
This article copyright 2023 AccurateShooter.com. No reproduction is allowed.
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ATF Rule was overturned by U.S. District Court, but DOJ appealed that ruling.
The Second Amendment Foundation (SAF) and its partners are challenging the “Final Rule” issued by the Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE) redefining frames and receivers as firearms. A U.S. District Judge in Texas initially ruled against the BATFE, but the Bureau appealed that ruling. SAF has filed an appellate brief in the case, known as VanDerStok v. Garland. Joining SAF in the legal challenge are Defense Distributed, and JSD Supply.
SAF’s brief explains how ATF redefined the term “firearm” without any Congressional action. Last year, the agency announced a Rule expanding the definition of firearm to include unfinished firearm components and kits used in the process of manufacturing a firearm. SAF and its partners are asserting ATF violated the Administrative Procedures Act (APA). A federal District Court judge agreed and concluded that ATF had acted in excess of its statutory authority, and granted summary judgment.
SAF founder and Executive Vice President Alan M. Gottlieb promised the organization will pursue this case vigorously as it winds through the court system: “This case challenges the authority of the ATF to change rules and definitions of firearms without Congressional authority,” Gottlieb said. “We simply cannot allow any federal agency to make up its own rules as it goes along, without Congressional approval.”
Judge O’Connor’s ruling in VanDerStok v. Garland vacated the controversial ATF Final Rule that effectively changed the definition of a firearm under Federal law. However the BATFE has challenged that ruling.
SAF Executive Director Adam Kraut said the foundation expects to prevail on the portions of the Final Rule that we challenged: “The district court entered a judgment deeming the Rule illegal and vacating it,” Kraut said, “and we are asking the Fifth Circuit to affirm the district court’s decision to issue relief based on the APA. By promulgating the Rule, ATF has appropriated authority reserved for Congress. Such a usurpation of power is antithetical to our system of government and must be stopped.”
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Sadly, Shooting USA host and respected outdoor sports journalist Jim Scoutten has passed at age 77, following a brief illness. Noted as “one of the most iconic voices in the shooting sports industry”, Jim Scoutten hosted the popular Shooting USA cable television broadcast for decades. He was a leading force in the firearms industry. This Editor had the chance to meet Jim on many occasions at SHOT Show, and I can confirm that he was a talented man of high integrity who was dedicated to advancing the shooting sports and protecting Second Amendment freedoms. The Shooting USA series will continue hosted by Jim’s capable son John Scoutten.
Yesterday, the Shooting USA Facebook page stated: “It is with great sadness that we announce the passing of Jim Scoutten. In his thirty years of reporting the shooting sports, Jim played a pivotal role in the industry and will be greatly missed.” Jim’s concluding message from each show was, famously: “As always, shoot safely, shoot often, and keep ‘em in the ten ring.”
Here are just a few of the 1,000+ comments on Facebook:
I watched Jim for many years. What a wealth of knowledge he was. Thank you Jim for all you did for the shooting sports, your legacy will live on! Even though I am rarely in the “ten ring”, I will keep shooting often! Rest in peace Sir!
There are a lot of heavy hearts tonight. Jim is a LEGEND. My condolences to the family. Thank You, Sir, for your devotion to the industry and to shooters everywhere. Rest easy.
He was such an icon in the shooting industry! Was so proud I made one his shows from Bianchi Cup. My condolences to the family.
He always made Wednesday night TV something to look forward to. He was so passionate towards the shooting sports and outdoors communities.
Jim did so much for the industry and was truly respected. Prayers to his family.
Jim Scoutten Was a Notable Defender of the Second Amendment
In the early 1990s Jim worked on the American Shooter TV program, which was then followed by the very popular Shooting USA series. Media leaders praised Jim’s contribution to the shooting world and his role in protecting Second Amendment Rights.
“Jim leaves a strong legacy as a tireless defender of shooting, firearms, and our Second-Amendment rights. His voice was unique and powerful; we will honor Jim by carrying on in the endless fight to defend the Constitution and will support his family and team as they forge a new future for Shooting USA.” — Mitch Petrie, V.P. Programming of Outdoor Sportsman Group Networks.
“Jim Scoutten [reported] the stories of the shooting industry and the competitive shooting disciplines since 1993. In [30] years of broadcasting on four national networks, he’s done more to popularize the shooting sports than any other individual or organization, reaching multiple generations with the invitation to bring out your guns and enjoy some competition.” — Garry Mason, Outdoor Legends Hall of Fame.
During [Jim Scoutten’s] tenure, the American Shooter TV program became the highest-rated outdoors television program in history, garnering more than one million fans nationwide. In recent years, Scoutten has been a part of the Shooting USA program, a show that he has co-hosted with his eldest son John, and the Sighting In with Shooting USA program, both series appearing on Outdoor Channel along with full seasons on My Outdoor TV (MOTV).
In this Shooting USA episode, Jim Scoutten showcased High Power Silhouette Rifles.
A Franklin, Tennesse resident, Scoutten’s firm but gentle voice and familiar smile were eagerly welcomed into the homes of America’s shooting enthusiasts for three decades, an invitation that made him the most watched firearms reporter in industry history thanks to his knowledge of firearms, his passion for the shooting sports, and journalistic integrity that marked his long career.
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An over-reaching rule recently imposed by the Biden Administration-controlled ATF has been halted by a Federal judge in Texas. In the VanDerStok v. Garland case, U.S. District Judge Reed O’Conner vacated the ATF’s “Final Rule” which treated unfinished frames and receivers the same as if they are functional firearms. The Truth About Guns Blog notes: “In another blow to the Biden Administration’s ongoing war on the gun industry and firearm owners, a Federal judge has thrown out the ATF’s attempt at regulating gun parts and partial receivers as complete firearms.”
“After earlier issuing an injunction blocking ATF enforcement, United States District Court Judge Reed O’Connor ruled yesterday that the ATF overstepped its regulatory authority by skirting the legislative process and, in effect, unilaterally re-writing the Gun Control Act of 1968 in order to allow it to regulate gun parts as it does complete firearms. O’Connor vacated the agency’s rule granting the plaintiffs summary judgement.” — Truth About Guns Blog.
Judge O’Connor issued his 38-page decision last week. The Order stated: “This case presents the question of whether the federal government may lawfully regulate partially manufactured firearm components, related firearm products, and other tools and materials in keeping with the Gun Control Act of 1968. Because the Court concludes that the government cannot regulate those items without violating federal law, the Court holds that the government’s recently enacted Final Rule, Definition of ‘Frame or Receiver’ and Identification of Firearms, 87 Fed. Reg. 24,652 (codified at 27 C.F.R. pts. 447, 478, and 479), is unlawful agency action taken in excess of the ATF’s statutory jurisdiction. On this basis, the Court vacates the Final Rule.”
O’Connor added: “A part that has yet to be completed or converted to function as frame or receiver is not a frame or receiver. ATF’s declaration that a component is a ‘frame or receiver’ does not make it so if, at the time of evaluation, the component does not yet accord with the ordinary public meaning of those terms.”
Judge O’Connor’s ruling in VanDerStok v. Garland vacates the controversial ATF Final Rule that effectively changed the definition of a firearm under Federal law.
Judge O’Connor further observed that previous regulatory actions do NOT justify rulings that are clearly beyond the scope of ATF authority: “If these administrative records show, as Defendants contend, that ATF has previously regulated components that are not yet frames or receivers but could readily be converted into such items, then the historical practice does nothing more than confirm that the agency has, perhaps in multiple specific instances over several decades, exceeded the lawful bounds of its statutory jurisdiction.”
This video covers the Preminary Injunction previously issued in VanDerStok vs. Garland
The Firearms Policy Coalition wrote: “Our victory in VanDerStok v. Garland vacated the ‘Frame or Receiver’ Final Rule and restored the pre-rule status quo. The era of unchecked disarmament schemes is over. You can find case details at FPCLaw.org.
Second Amendment Foundation founder Alan M. Gottlieb stated: “This decision amounts to another court blow to Joe Biden’s anti-gun agenda, which threatens the very Constitution he swore to uphold and defend when he took office.” And SAF Exec. Director Adam Kraut added: “This case is one more example of the Biden administration’s ongoing effort to exceed its authority in an effort to place as many restrictions as possible on the rights of law-abiding gun owners. We are pleased the court took this decisive action, and we will litigate this issue to finality, if and when the government appeals.”
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The Second Amendment recognizes Americans’ right to “keep and bear arms”. That right is NOT limited to bolt action or single-shot rifles. But in defiance of the Second Amendment, New York state has imposed a discretionary licensing requirement for persons who want to acquire semi-auto rifles. That essentially allows New York to arbitrarily deny law-abiding citizens their Second Amendment rights.
Consequently, that New York rifle license law is now being challenged in court, in the case of McGregor et al v. Suffolk County, NY, recently filed in Federal District Court for the Eastern District of New York. That lawsuit challenges: “(i) enforcement of Senate Bill 9458, which requires ordinary people to apply for and obtain a discretionary license to purchase, receive, sell, exchange, and/or dispose of semiautomatic rifles, and register their weapons with the government, all under penalty of criminal sanctions; and (ii) enforcement of policies that result in exorbitant 2-3 year delays in issuing a license to purchase, receive, sell, exchange, and dispose of semiautomatic rifles.” Download COMPLAINT HERE.
The Second Amendment Foundation (SAF) has filed an Amicus brief in McGregor v. Suffolk County. The SAF argues that New York State’s “rifle license” requirement under New York SB 9458 is unconstitutional.
In its opening section, the SAF brief states, “The State of New York’s requirement to obtain a ‘rifle license’ before an individual may acquire a semiautomatic rifle is repugnant to the plain text of the Second Amendment and this nation’s history and tradition.” SAF founder and Executive V.P. Alan M. Gottlieb notes that there is nothing in the Second Amendment which supports a “requirement that government give its permission so that an individual may exercise the right to keep and bear arms.”
“The state’s requirement that an individual obtain a license prior to acquiring a long gun is simply incompatible with the text of the Second Amendment as informed by this nation’s history and tradition,” said attorney Adam Kraut, who also serves as SAF Executive Director. “New York has continuously imposed additional burdens and regulations on peaceable individuals on the purchase, transfer, and possession of firearms that do not conform with constitutional limitations on the state’s power. It is time for New York to recognize that, despite its preference to the contrary, it does not have the constitutional authority to enact these types of laws which only serve to impede an individual’s ability to exercise their constitutional rights.”
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In December 2022, New Jersey passed A4769, which effectively declares all public areas to be off limits to firearms, increases permit fees, uses social media posts as grounds to deny permits, and requires gun owners to acquire liability insurance that does not appear to exist in the state. The NRA-ILA, together with the Association of New Jersey Rifle & Pistol Clubs then filed a lawsuit in Federal Court, Siegel v. Platkin, challenging A4769.
The legal challenge to this insane, New Jersey statute is going well. In January, the Federal District Court for New Jersey issued a temporary restraining order prohibiting the state from enforcing a lot of those restrictions. And this week, in a 230-page opinion, the Court preliminary enjoined the state from enforcing much of A4769 until the full legal proceedings are resolved.
The Court examined the new permitting requirements and enjoined the state from requiring individuals to obtain a $300,000 liability policy before they could get a carry license. It also prohibited the state from conducting in-person interviews with the applicant’s character references. The Court also limited the scope of A4769’s provision that allows the state to deny the applicant if it finds that he or she “to be lacking the essential character of temperament necessary to be entrusted with a firearm”. That now means that there is objective evidence that the individual poses a threat, and permitting agents are limited to looking at the applicant’s public statements for statements suggesting that they pose a threat to themselves of the general public.
The Court was even harder on the new so-called sensitive places that were banned under A4769. It enjoined the state from enforcing the bans on the following locations:
— Virtually all private property where the public is generally admitted — i.e., all stores and restaurants;
— Public gatherings and permitted events;
— Parks, beaches, recreational facilities, zoos, and state parks;
— Libraries and museums;
— Places that serve alcohol for on-premise consumption;
— Entertainment facilities and Casinos;
— Airport parking lots and curbside drop-off and pickup;
— Medical offices and ambulatory care facilities;
— Public filming/motion picture locations; and
— Inside vehicles.
The court concluded that A4769 “went too far, becoming the kind of law that Founding Father Thomas Jefferson would have warned against since it ‘disarm[s] only those who are not inclined or determined to commit crimes [and] worsen[s] the plight of the assaulted, but improve[s] those of the assailants.’”
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Would you like gun and outdoor industry companies to learn what products you favor, or what types of hunting you prefer. Then you may want to take a FREE SURVEY.
Your responses help the hunting, recreational shooting, and defensive firearms markets develop new products and improve services. The results are shared with conservation and advocacy groups, allowing them to advance conservation and pro-second amendment issues. To participate, go to ShooterSurvey.com or HunterSurvey.com. NOTE: An email address is required.
Here are some interesting results from recent surveys:
NOTE: Results exceed 100% because many shooters use multiple firearms and/or bow types.
NOTE: Results exceed 100% because many hunters pursue multiple species.
If you take the survey, you get a chance to win a $100 gift card. Each quarter, respondents are entered into a drawing for one of five $100 gift cards to the outdoor retailer of their choice.
About Shooter Survey and Hunter Survey
Southwick Associates launched the HunterSurvey and ShooterSurvey in 2006 to help state Fish & Wildlife Agencies, conservation organizations, and the outdoor equipment industry understand what hunters, recreational target shooters, and personal protectors want and need. Survey results reflect the attitudes and habits of hunters and recreational shooters across the United States and are analyzed to develop new products, provide better services, and make smarter decisions that help improve public hunting, recreational shooting, and protection opportunities.
All survey responses are kept strictly confidential. Only summaries of the responses are used in reporting. However, to take the survey you must provide an email address to Southwick Associates. We recommend you NOT sign up with a primary business or personal email.
This article copyright 2023 AccurateShooter.com. No reproduction is allowed.
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“Second Amendment? — We don’t give a damn.” That could be the mantra of many Democratic Party members of Congress. Now a radical anti-gunner from New Jersey has introduced new Federal legislation, H.R. 584, that would prevent all Americans from purchasing ANY quantity of ammunition online. All ammo sales would have to be in person with photo ID.
Congresswoman Bonnie Watson Coleman (D-NJ) (“Watson Coleman”) has revived legislation that would prohibit the sale of ammunition online. Last month, Watson Coleman introduced the Stop Online Ammunition Sales Act of 2023, a new version of restrictive legislation she authored in the past. The bill has been listed as H.R. 584 and referred to the House Committee on the Judiciary. As of February 24, 2023, H.R. 584 had 23 co-sponsors*, all woke Democrats, including the radical Rashida Tlaib, noted for her calls to defund the police (which shows how little she actually cares about reducing crime).
This unconstitutional bill, according to the NRA-ILA, would implement all of the following:
1. FORCE purchasers to submit a photo ID in person every time one buys ANY ammunition.
2. REPORT the identity of ammo purchasers to the U.S. Attorney General if the ammo buyers purchase more than 1,000 rounds within a 5-day period.
3. REGISTER ammunition buyers in a database maintained by the U.S. Department of Justice.
You know what the DOJ would do with the database of ammo buyers. It would be used to identify gun owners, creating a de facto registry of gun owners. That’s in direct violation of Federal law which forbids such a registry.
Guns.com reports: “The proposal [H.R. 584] would establish the licensing of ammunition dealers who then would be required to confirm the identity of customers seeking to purchase ammo by verifying a valid photo I.D. in person. As such, it would place a prohibition on the current widespread practice of buying ammo online and having it shipped directly to the customer’s door. The measure would also require these vendors to report all purchases of more than 1,000 rounds within a five-day period by the same person to the U.S. Attorney General as well as local and state law enforcement.”
Effects If ‘Stop Online Ammunition Sales Act’ Becomes Law
From a practical standpoint, this legislation would make ammunition much more difficult to buy in large quantities. And specialized ammo, for less popular chamberings, could be almost impossible to get, if people could only shop at local retail outlets. Being able to shop a dozen or more online vendors allows shooting enthusiasts to get a wide variety of ammo types at competitive prices. For example, with AmmoSeek.com, you can see the best rimfire and centerfire ammo deals from dozens of vendors.
Watson Coleman and her anti-Second Amendment co-sponsors want to make it MUCH more difficult to obtain ammunition, and she would be delighted if the cost of ammo doubled or even tripled. She hates firearms and hates gun owners.
Regarding H.R. 584, GunsAmerica contacted Alan Gottlieb, founder of the Second Amendment Foundation. Gottlieb was critical of the one-sidedness of legislation in that it presupposes all ammunition sold online ends up in the hands of criminals. Gottlieb noted: “Day in and day out men and women save their lives with ammunition they have bought online and the only response from Democrats is to call for bans on the sale of ammunition.”
Additional cosponsors of the bill include:
Jake Auchincloss [D-MA-4]
Joyce Beatty [D-OH-3]
Earl Blumenauer [D-OR-3]
Andre Carson [D-IN-7]
Joe Courtney [D-CT-2]
Jason Crow [D-CO-6]
Danny Davis [D-IL-7]
Madeleine Dean [D-PA-4]
Diana DeGette [D-CO-1]
Susan DelBene [D-WA-1]
Mark DeSaulnier [D-CA-10]
Glenn Ivey [D-MD-4]
Sydney Kamlager-Dove [D-CA-37]
Barbara Lee [D-CA-12]
Zoe Lofgren, Zoe [D-CA-18]
Betty McCollum [D-MN-4]
Kweisi Mfume [D-MD-7]
Seth Moulton, Seth [D-MA-6]
Eleanor Holmes Norton [D-DC-At Large]
Donald M. Payne, Jr. [D-NJ-10]
Mike Quigley [D-IL-5]
Rashida Tlaib [D-MI-12]
Jill Tokuda [D-HI-2]
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Will you be traveling out of state this spring? Or do you have questions about your own state’s firearms laws? Then you’ll want to have quick access to summaries of gun laws in America’s 50 states. Here’s a very valuable online resource you may want to bookmark.
The NRA-ILA (Institute for Legislative Action) has a great feature on the NRA-ILA’s homepage. There is a pull-down menu that includes all 50 states plus the District of Columbia, New York City, and Guam. This quickly provides a host of legal information for each region you select. From the NRA home page, NRA-ILA.org, you can instantly access a host of information for all 50 states. NOTE: Some of this information is not completely current, so you may want to check with more detailed, up-to-date reference, such as the Legal Heat $20 50 State Guide to Firearms Laws and Regulations (2023 Edition). Most of the information in the book is also available in the FREE Legal Heat Firearms Law APP for Android (Google) and iOS (Apple) mobile devices. Here are screenshots from the Legal Heat iPhone App.
Shown below is part of the NRA-ILA’s coverage for Texas. There is a summary of the most important Texas gun laws. Below that is a map showing the states that recognize Texas carry permits.
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In this video, Larry Keane, NSSF Sr. VP and General Counsel, talks with Montana State Attorney General Austin Knudsen. The two men met in the SHOT Show TV Studio to discuss Second Amendment issues, and the firearm industry. Keane noted that Atty. Gen. Knudsen is a recognized leader — among all state elected officials — in protecting the Second Amendment. Knudsen “leads the charge among all Republican AGs” on gun rights issues. Knudsen has filed legal actions to safeguard Second Amendment rights, and he recently spear-headed an investigation of UPS and FedEx Sharing of Gun Owner Info with Federal Agencies.
Montana Attorney General Knudsen Leads 18-State Effort Calling On UPS And FedEx To Clarify Gun-Purchase Tracking Polices
Seventeen state Attorneys General joined Montana Attorney General Austin Knudsen today in asking major shipping companies to clarify new policies that allow them to track firearm sales with unprecedented specificity and bypass warrant requirements to share that information with federal agencies.
Reports from Montana federal firearm license (FFL) holders made to Attorney General Knudsen’s office indicate that UPS and FedEx are now burdening them by requiring them to ship separately and track firearms, firearms parts, and firearm products so gun purchases can be tracked.
Knudsen and the coalition of attorneys general sent letters on November 29, 2022 to leadership at both companies requesting additional information on their new policies and the possibility that the effort was coordinated in part with the federal Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
“These demands, in tandem, allow [UPS/FedEx] to create a database of American gun purchasers and determine exactly what items they purchased… In doing so you, perhaps inadvertently, give federal agencies a workaround to normal warrant requirements. This allows [UPS/FedEx] to provide information at will or upon request to federal agencies—information detailing which Americans are buying what guns,” Attorney General Knudsen’s letters state.”
In addition to requesting updated FFL-related shipping policies from the two companies, Attorney General Knudsen asked them to clarify the following:
Did UPS/FedEx enact these policies with the goal of information sharing with the ATF or any other federal agency;
Did UPS/FedEx enact these policies at the request of officials in ATF, a different federal agency, or on its own initiative;
If UPS/FedEx implemented these policies at the request of a federal agency, please identify that agency, the officials who made that request, the nature of that communication, and any legal authorization cited by those officials;
If UPS/FedEx changed its policies on its own initiative, please explain why it made those changes;
Did UPS/FedEx communicate or coordinate with each other in making these changes;
Did ATF or other federal agency employees help draft the updated shipping agreements?
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