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NSSF today released a newly commissioned report detailing double-digit gains in jobs and other data showing the industry has been a leader in the nation’s economic recovery. The report can be viewed at http://nssf.org/impact.

Firearms industry members on Capitol Hill were briefed on such remarkable statistics as the 30.6 percent increase in jobs between 2008 and 2011, a 66.5 percent increase in economic impact and a 66.5 percent increase in federal taxes paid by industry companies.

Armed with the good news of the report and recognizing that jobs and the economy are of major importance in the November elections, industry executives are meeting today with elected officials during the NSSF-sponsored Congressional Fly-In.

“During difficult economic times and high unemployment rates nationally, our industry actually grew and created more than ten thousand new, well-paying jobs,” said NSSF President Steve Sanetti. “Our industry is proud to be one of the bright spots in this economy.”

The firearms industry has stood apart from other industries by thriving in a down economy. Indicators such as background-check statistics, firearms production and importation, firearm-retailer surveys and on-the-ground reports from retailers nationwide reveal that Americans are purchasing firearms in record numbers. For example, federal background checks for March totaled nearly 1.2 million in adjusted figures, representing an increase of 20 percent over a year ago and the 22nd straight month-over-month increase. (NSSF adjusts figures from the National Instant Criminal Background Check System to remove purpose-code checks associated concealed carry applications and permits. Though not a direct correlation to firearm sales, adjusted NICS figures provide a more accurate picture of market conditions.)

This year’s robust sales are a continuation of the economic growth the firearms and ammunition industry experienced last year that was driven by an unprecedented number of Americans choosing to exercise their fundamental right to keep and bear arms and purchase a firearm and ammunition. This increase in firearms ownership coincided with the continued decline in accidental firearm-related fatalities–a more than a 60 percent decrease in the last 20 years–and a continued drop in crime rates nationally.

Also cited in the economic impact report were the significant taxes paid by industry member companies to federal and state governments and the Pittman-Robertson excise tax the industry pays on the products it sells. The latter tax is the major source of wildlife conservation funding in America.

“Last year our industry increased its contribution to wildlife conservation by over seven percent, which translates into sportsmen contributing more than 1.3 million dollars daily to conservation efforts,” said NSSF Senior Vice President and General Counsel Lawrence G. Keane.

“Ours is an industry with a rich history and heritage that remains vital and important to the American economy today,” continued Keane. “To millions of Americans our industry’s products represent liberty, security and recreation. We look forward to speaking with members of Congress today about important legislative and regulatory issues that will allow our industry members to continue to grow their businesses and create even more new jobs in their communities.”

Pictured left to right: NSSF President Steve Sanetti, Sen. Jon Tester, Rep. Jeff Miller and NSSF Senior Vice President Lawrence G. Keane.

NSSF honored Sen. Jon Tester (D-Mont.) and Rep. Jeff Miller (R-Fla.) as NSSF’s 2011 Legislators of the Year at an NSSF Political Action Committee (PAC) reception this evening in Washington, D.C., on the eve of the firearms industry’s annual Congressional Fly-In.

In presenting the awards, NSSF Senior Vice President and General Counsel Lawrence G. Keane praised the leadership qualities of the two lawmakers.

“Sen. Tester’s leadership in the United States Senate has helped to ensure and protect our shooting sports, hunting and firearms freedoms,” said Keane. “NSSF is pleased to present to Sen. Tester NSSF’s 2011 Legislator of the Year Award and looks forward to continuing a constructive dialogue with him on public-policy matters affecting the industry.”

“Rep. Miller’s leadership in the U.S. House of Representatives reflects his commitment to protecting the shooting sports, hunting and our firearms freedoms,” said Keane. “NSSF is pleased to honor Rep. Miller as its 2011 Legislator of the Year.”

Last year, Sen. Tester and Rep. Miller, who are co-chairs of the Congressional Sportsmen’s Caucus in their respective chambers, introduced the Hunting, Fishing and Recreational Shooting Protection Act (S. 838/H.R. 1558) in order to protect the right of hunters and sportsmen to use the ammunition of their choice. Anti-hunting organizations, as well as extreme environmental groups, continue to push for the Environmental Protection Agency (EPA) to ban traditional ammunition made with lead components. These groups falsely claim a ban is needed to protect wildlife populations, despite incontrovertible evidence wildlife populations are thriving, and to protect hunters, even though the science is clear using traditional ammunition poses no human health risk to hunters.

Tester is the author of the Making Public Lands Public Access Act, S. 901, a bipartisan bill will ensure that a certain portion of the Land and Water Conservation Fund would be spent acquiring public access for sportsmen and women. The measure was included in the transportation bill that recently passed the Senate.

“Sportsmen and women need strong advocates for gun rights and access to public lands to keep hunting traditions strong,” Tester said. “I’m proud to fight for more access and protect gun rights so that our kids and grandkids will forever enjoy our outdoor traditions.”

Rep. Miller sponsored the Sportsmen’s Heritage Act, H.R. 4089, which was passed by the House of Representatives on Tuesday. The bill combines four legislative priorities that will expand recreational hunting, shooting and fishing opportunities and also reaffirms existing law and heads off determined bureaucratic efforts to deny hunters and shooters from using traditional ammunition. This important legislation is supported by more than 35 national conservation and sportsmen’s groups.

“Outdoor activities like hunting and fishing are an important part of our heritage and way of life. I feel it is important to preserve these traditions and promote them to the next generation of outdoorsmen at every opportunity, especially in our nation’s capital,” said Miller. “I am humbled to be able to do a small part to help preserve the traditions of the great outdoors, and I am honored by this recognition from the sportsmen’s community.”

Sponsored by Rep. Jeff Miller (R-Fla.), the bill combines four legislative priorities that will expand recreational hunting, shooting and fishing opportunities and also reaffirms existing law and heads off determined bureaucratic efforts to deny hunters and shooters from using traditional ammunition. This important legislation is supported by more than 35 national conservation and sportsmen’s groups.

“NSSF thanks Rep. Miller for his exceptional leadership in helping to expand access and opportunities for sportsmen and in protecting and preserving America’s hunting and shooting heritage,” said Lawrence G. Keane, NSSF senior vice president and general counsel. “We look forward to seeking passage of the bill in the Senate.”

Said Rep. Miller, “I think it is important to recognize the contributions that sportsmen make to protect our nation’s most precious resources. Outdoor activities like hunting and fishing are a central part of our heritage and way of life, but they also help fund a good portion of our conservation efforts. We must remain ever diligent to ensure the rights of sportsmen. Thanks to the members of the sportsmen’s community, Congressional Sportsmen’s Caucus and the House Committee on Natural Resources, H.R. 4089 will be able to address some of the most pressing concerns the outdoors community faces.”

Included in H.R. 4089 is the Hunting, Fishing, and Recreational Shooting Protection Act. The bill amends the Toxic Substances Control Act to clarify the original intent of Congress to exclude traditional ammunition — ammunition containing lead-core components — and fishing tackle from regulation by the Environmental Protection Agency.

H.R. 4089 includes other key legislative priorities of the sportsmen’s community:

• The Recreational Fishing and Hunting Heritage Opportunities Act, which requires federal land managers to support and facilitate use and access for hunting, fishing and recreational shooting.
• The Recreational Shooting Protection Act, which requires National Monument land to be open to access and use for recreational shooting.
• The Polar Bear Conservation and Fairness Act, which will allow the importation of polar bear parts taken in a hunt in Canada, if legally harvested before certain dates.

The National Shooting Sports Foundation (NSSF), the trade association for the firearms, ammunition, hunting and shooting sports industry, applauds the EPA’s latest decision and called upon Congress to immediately pass the Hunting, Fishing and Recreational Shooting Sports Protection Act (S.838/H.R.1558). In the House of Representatives, the bill is also included in the Sportsmen’s Heritage Act of 2012 (H.R. 4089), an important piece of legislation that combines three other legislative priorities for sportsmen. The bill (S.838/H.R.1558) amends the Toxic Substances Control Act (TSCA) to clarify that Congress has excluded traditional ammunition from regulation by the EPA. The legislation is supported by more than 35 national conservation and sportsmen’s groups. The bill is even supported by the Fraternal Order of Police because a ban on traditional ammunition would apply to law enforcement and the U.S. military.

NSSF opposed the petition, which was filed by the Center for Biological Diversity (CBD) and other like-minded groups. This was the second attempt by the CBD to ban traditional ammunition since it first petitioned the EPA in August of 2010. In rejecting the CBD’s latest petition the EPA agreed with NSSF, telling the CBD that it did not have jurisdiction under TSCA to regulate ammunition. The CBD’s petition purported to narrow the scope of the ban sought, but the EPA concluded that this change was a “distinction without a substantive difference.” The EPA went on to say the new petition “contains no new information.”

The CBD’s serial petitions erroneously claim that the use of traditional ammunition by hunters poses a danger to human health and wildlife, in particular raptor populations such as bald eagles. The truth is that wildlife populations, including raptor and bald eagle populations, are soaring. The myth of a human health risk has been thoroughly debunked by a 2008 study by the Centers for Disease Control and Prevention (CDC) that found the health of hunters consuming game harvested with traditional ammunition was not at risk.

The excise taxes raised from hunters’ purchases of the very ammunition the CBD tries to demonize is a primary source of wildlife conservation in the United States. Restricting or banning traditional ammunition absent sound science will hurt wildlife conservation. “Hunters have done more for wildlife than the CBD ever will,” said NSSF Senior Vice President and General Counsel Lawrence G. Keane. “These relentless and unfounded attacks against traditional ammunition by agenda-driven groups like the CBD are exactly why Congress must take immediate action and pass the Sportsmen’s Heritage Act of 2012.”

Keane is referencing the federal excise tax that manufacturers pay on the sale of the ammunition (11 percent), which is dedicated to the Wildlife Restoration Trust Fund administered by the U.S. Fish & Wildlife Service.

The goal is to remind hunters, shooters and gun owners that together they can make a huge impact at the polls this Election Day. NSSF asks that the icon be linked to nssf.org/gunvote,  a good resource for gun owners on the 2012 elections.

The icon also serves as a reminder to individuals to share information they obtain about candidates on Twitter by using the #gunvote hashtag.

Download the button at nssf.org/gunvote.

Read NSSF’s related press release.

The app — available for free in the iTunes App Store — puts North America’s most comprehensive directory of shooting ranges in the palm of your hand. It also includes video tips for shooters, news and firearm safety information.

Where2Shoot gives users the ability to search for ranges near their current location as well as by zip code and state. It also provides specifics about each range, including shooting activities offered, accessibility and contact information.

The app is modeled after NSSF’s popular WhereToShoot.org website and is updated frequently with range information in every U.S. state and Canadian province. New tips for hunters and shooters are also added regularly.

Download the app here or, if you’re on a computer, scan the QR code above with your device to learn more and to download the app.

The site allows anyone to search for a place to shoot in their area. Visitors simply enter their state or zip code and a list of shooting ranges is created. Searches can be further narrowed by selecting which shooting discipline you are interested in.

In addition to its popular search capability, the site now offers a number of other resources for shooters, including links to:

• Video tips
• Free printable targets
• News about local shooting events and opportunities
• Safety information
• Descriptions of various shooting sports
• How to find a retailer
• Listing of 5 Star-rated shooting facilities
• NSSF’s “Pull the Trigger” e-newsletter archive
• Shooting organizations

Give the new site a look at WhereToShoot.org.

At this time of year, millions of Americans feel the tug to participate in what they consider the ultimate interaction with the natural world–hunting. For many hunters, it’s a time for sharing long-established traditions with family members and friends.

The National Shooting Sports Foundation, the trade association for the firearms, ammunition, hunting and target shooting industry, notes that hunting seasons will be open for small game, big game and bird hunting across the nation over the next several months. Those who are successful in their hunts will stock their freezers with nutritious, locally obtained meat. Many also will share their bounty with food pantries to provide meals to the less fortunate.

With the list below, NSSF offers a reminder of how to maintain your hunting traditions and, for newcomers and inactive hunters, how to establish or re-establish them this hunting season.

• Go hunting! It’s sounds simple, but the activity itself, whether you successfully take game or not, is a senses-heightening, fulfilling experience.
• Share your hunting experience with friends and family members–whether afield, in hunting camp or by introducing a newcomer to hunting at, for example, a gamebird preserve, or by being a mentored for an apprentice hunter. (Find a gamebird preserve at www.wingshootingusa.org and learn about Families Afield/mentored hunting at www.familiesafield.org.)
• Share a game meal at your table. This is one of hunters’ oldest and most favorite traditions, made sumptuous because the harvest and hunt coincide at this time of year. Today many people are making an effort to use sustainable, locally acquired foods–something hunters have practiced for a long, long time.
• Tell your hunting stories. Write them down. Take photographs and videos. Share your stories on social media or with an online photo album. Such records help keep your traditions alive.
• Continue to use the ammunition of your choice–traditional (containing lead components) or alternatives that use steel, copper or other metals. Understand that some extreme groups want to ban traditional ammunition but that science does not support such a drastic measure. Also, remind fellow hunters that eating game taken with traditional ammunition does not pose a health risk, as confirmed by a Centers for Disease Control and Prevention study. (Learn more here.)
• Remind others that wildlife conservation is funded through the sale of hunting licenses and excise taxes paid on firearms and ammunition, a tax that hunters supported and Congress approved in 1937. Through the Federal Aid in Wildlife Restoration Act (also known as the Pittman-Robertson Act), $6.8 billion has been collected for conservation. Another good post-hunt conversation can be about the North American Model of Wildlife Conservation, one tenant of which is that wildlife is held in public trust for the citizenry. (Learn more here.)
• Use the firearm of your choice as long as it meets your state’s hunting regulations. These days more hunters, particularly younger hunters, are using modern sporting rifles–rifles based on the AR platform. If you prefer a wood-stocked, bolt-action rifle, that’s understandable, but NSSF encourages you to support the choice of firearm made by others. Modern sporting rifles may not look like “Old Betsy,” but after many hunting seasons, such firearms will carry the same meaning for someone as the “Old Betsy” that was passed on to you.
• Set an example for ethical behavior. Before hunting, review your state’s hunting regulations; during your hunt, practice good sportsmanship. The public overwhelmingly supports hunting, but unsportsmanlike behavior by even a few hunters can tarnish the reputation of hunting in general.
• Practice safety in the field, when traveling with firearms and when storing them at home. Practice the four firearm safety rules: Treat every gun as if it were loaded. Always keep the muzzle pointed in a safe direction. Keep your finger off the trigger until ready to take your shot. Know your target and what lies beyond it.

You may have other traditions to honor. We hope so.

NSSF offers a number of resources for hunters, including www.wingshootingusa.org and video and literature titles covering firearm safety, hunter ethics and the hunter’s role in conservation that can be viewed at www.nssf.org/hunting and www.nssf.org/safety.

The top two essays focused on a father helping his daughter get started in the shooting sports and on a real-life scenario involving home protection and the meaning of the Second Amendment.

More than 50 employees of NSSF Voting Member companies or their qualified family members submitted applications and essays on one of four topics offered for consideration for 22 scholarships provided by NSSF. NSSF makes the scholarships available as a means of thanking Voting Members for their substantial financial support of NSSF and its efforts to promote, protect and preserve hunting and the shooting sports.

“We take great pleasure in awarding these scholarships because they recognize not only our Voting-Member companies but also young people who express so well what the freedom to hunt and shoot means to them personally and to our country,” said Bettyjane Swann, NSSF director of membership services. “The judges were quite impressed with this year’s entries.”

Taking the Grand Prize in the essay-evaluation process, and thus earning a $3,000 scholarship, was University of Michigan’s Rachel Papendick, whose father Rick is an employee of Olin Corporation/Winchester Ammunition. Rachel’s well-written essay recalls her introduction to the shooting sports, her frustrations and disappointments, and the loving encouragement provided by her father. Said one judge, “Engaging. The writer provides many good details of her learning experience. Well done!”

Taking the First Prize and earning a $2,000 scholarship was Dayna Stevenson, who attends Westminster College. Her father, Kenton R. Stevenson, works for ATK. Dayna’s essay recounts a frightening incident in which potential home intruders were deterred thanks to the presence of a firearm in the home. Said one judge, “The writer recalls this dramatic, real-life experience using taut, spare language. Thrilling.”

Students were invited to choose from four essay topics: Why Hunting is Important to Rural Businesses; Social Media and the Outdoor World; Prime Time–Families Enjoying the Outdoors Together; and The True Meaning of the Second Amendment.

Twenty other students earned $1,000 scholarships. View the entire list of scholarship winners and read the excellent essays submitted by the top two finishers and two of the runners-up.

Sweat the Details

The Gun Control Act of 1968 (GCA) allows the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) to revoke your federal firearms license (FFL) if you have willfully violated any provision, rule or regulation under the GCA.  To help ensure that your FFL is not revoked, it is important you understand what constitutes a “willful” violation of the GCA and ATF regulations.

Since the term “willful” is not defined within the GCA or ATF regulations, Federal courts have defined what constitutes a willful violation.  By knowing and understanding what the courts have said, you will be able to avoid committing a willful violation of the GCA and the ATF regulations and remain in business for years to come.

Minor Mistakes Count

When determining whether a record keeping error is a willful violation of the GCA or its corresponding regulations, courts are not required to consider the severity nor the effect of the error.  In one case, a court clarified that even minor clerical errors may be treated as willful violations since “failure to comply with exacting book keeping regulations may hinder the ATF’s ability to perform its mandated function.”[1] Another court agreed that minor errors can be considered willful violations. “Keeping records is a technical exercise and errors, even typos, are unacceptable.”[2]

This means that even if a minor error in failing to comply with the GCA does not result in illegal possession of a firearm, illegal use of a firearm or even an inability of the firearm to be tracked, your FFL may still be revoked for willfully violating the GCA.[3] Encouraging careful attention to details, a Federal judge warned, “If ever there were a statutory scheme where a licensee would be obligated to ‘sweat the details,’ irrespective of how trifling they may appear, the [GCA] would appear to fit that bill.”[4]

A Single Violation, Without Warning, Is Enough

The GCA allows for license revocation upon the willful violation of any provision, rule or regulation under the GCA and many federal courts have shared and supported the view that multiple violations are not required before your license may be revoked.[5] Therefore, a single violation is enough for the ATF to revoke your FFL.

Just as there is no requirement for multiple violations, there is also no requirement that ATF provide a dealer with a warning prior to the violation.  As one court pointed out, “No court has imposed a requirement that a warning must precede a determination of willfulness.”[6]

A Failure to Act may be Willful

Failing to abide by known legal obligations through inaction may constitute a willful violation.  The United States Supreme Court and the majority of federal courts have held that when a licensee understands the legal obligations imposed by the GCA and fails to abide by those obligations the FFL may be revoked due to a willful violation.[7]

The United States Supreme Court explained, “Disregard of a known legal obligation [under the GCA] is certainly sufficient to establish a willful violation.”[8] And, more than one federal court has found that when a licensee understands the requirements of the law and knowingly fails to follow those requirements or is simply indifferent to them the licensee has committed a willful violation.[9]

Mere plain indifference to the known requirements is also sufficient to establish a willful violation.  A court may find a willful violation of the GCA when the licensee knew of the requirement to act or even if the licensee knew that a failure to act would be unlawful.[10]

Criminal Intent Is Not Required

The requirement of bad purpose is not required when finding willfulness in a violation of the GCA or its regulations.[11] In one case, a licensee without criminal intent sold handgun ammunition to a purchaser who was under the age of 21 and was found to have willfully violated the GCA.  In its decision, the court pointed out that the GCA itself does not include a requirement of criminal intent.[12] This means that even unintentional violations of the GCA may still be considered willful.[13]

Effort to Correct the Violation Is Irrelevant

Courts determine willfulness at the time of the violation.  Even if you put forward great effort and expense to correct a violation found during an ATF inspection, it may still be considered willful.  In one case, a licensee made efforts to correct the violations pointed out to him during an ATF inspection, and he was still found to have willfully violated the GCA.[14] Another Federal court agreed when it said, “The fact that [the licensee] spent a great deal of money trying to correct his faulty recordkeeping system, after the violations . . . is immaterial to the question of willfulness at the time the violations occurred.”[15]

However, it is still important for you to act on any errors as they are found so that you are not accused of plain indifference on a subsequent inspection.  If you discover a violation, you are encouraged to promptly correct it.  In some cases where you cannot correct the error, you are encouraged to report the situation to ATF and ask for guidance.

Sweat the Details

As the ”responsible person” on your license, you are ultimately responsible for everything any employee does or fails to do.  Therefore, it is important that both you as the licensee and your employees “sweat the details” when it comes to ATF regulatory compliance.  The Federal court cases discussed above explain the law and make it clear that minor mistakes, single errors and the disregard of known obligations, regardless of intent or effort to correct the violation after the fact, may be considered willful violations for which an FFL may be revoked.

The Good News About ATF

However, the good news is that ATF does not view its job as simply to revoke licenses whenever it finds a violation.  Instead, ATF assists and works with members of our industry to encourage and enhance compliance with the requirements of the GCA and the ATF regulations, so that ATF can promote public safety.  In fact, while the number of ATF inspections have been increasing in recent years, up to over 10,000 in 2010 from just 5,000 in 2005, the number and rate of revocations have actually been decreasing down to only 0.64% from 2.5% five years prior.  That’s twice as many inspections and an almost four-fold decrease in revocations.  ATF reports that the rate of regulatory compliance, where no violations of any kind are found, has been increasing over time.

If you and your employees ”sweat the details,” the chances are greatly improved that if you are inspected ATF will not find any mistakes or errors in your records.  This will make the inspection process smoother, help you stay in business lawfully selling firearms to law-abiding Americans and allow us all to promote, protect and preserve hunting and the shooting sports.