Archive for the 'BATFE' Category



ATF Rulemaking On Adjudication As Mentally Defective

BY Herschel Smith
1 week, 4 days ago

Perhaps someone else I regularly read alerted me to this, but if so, I certainly overlooked it.  This one slid under the wire with me.  Comments close at midnight on April 7th, so these comments will have to suffice.  Prince Law Offices filed an objection to the rulemaking, and their filing is worth reading.  They observe that “few in the Firearms Industry wanted to take a stand against this new notice of proposed rulemaking.”  Perhaps so, but I’m not in the “industry.”  And I do indeed take a strong stand against this rulemaking.  Herein are my comments to the ATF.

The ATF is not the appropriate bureau of the executive to make decisions on adjudication on metal health of any sort.  Furthermore, even qualified individuals disagree with the notion that this will ameliorate crime or other nefarious uses of firearms.  Witness the following list of experts.

Dr. J. Michael Bostwick, Mayo Clinic: “We physicians generally do not know enough about firearms to have an informed conversation with our patients, let alone counsel them about gun safety.”  He continues by arguing:

  • Even if every mentally ill person in the country were registered, the system isn’t prepared to handle them — and only about half of the states require registration.
  • Only about 10 percent of mentally ill people are registered — and these are people who have been committed, they’ve come to attention in a way that requires court intervention.
  • Literature says the vast majority of people who do these kinds of shootings are not mentally ill — or it is recognized after the fact.
  • The majority of mentally ill people aren’t dangerous.

Dr. Richard Friedman: ” … there is overwhelming epidemiological evidence that the vast majority of people with psychiatric disorders do not commit violent acts. Only about 4 percent of violence in the United States can be attributed to people with mental illness.

Dr. Barry Rosenfeld: “”We’re not likely to catch very many potentially violent people” with laws like the one in New York.”

Dr. Steven Hoge: “One reason even experienced psychiatrists are often wrong is that there are only a few clear signs that a person with a mental illness is likely to act violently.”

And National Journal notes the following.

Perhaps most important, although people with serious mental illness have committed a large percentage of high-profile crimes, the mentally ill represent a very small percentage of the perpetrators of violent crime overall. Researchers estimate that if mental illness could be eliminated as a factor in violent crime, the overall rate would be reduced by only 4 percent. That means 96 percent of violent crimes—defined by the FBI as murders, robberies, rapes, and aggravated assaults—are committed by people without any mental-health problems at all. Solutions that focus on reducing crimes by the mentally ill will make only a small dent in the nation’s rate of gun-related murders, ranging from mass killings to shootings that claim a single victim.  It’s not just that the mentally ill represent a minority of the country’s population; it’s also that the overlap between mental illness and violent behavior is poor.

Attempts to restrict firearms ownership for the rightful and God-granted purposes of self defense suffer from lack of legitimacy (since ATF isn’t the right place for such rules to be born) and outrageous prejudice and bigotry, evil features of mankind’s sinful nature that have no place whatsoever in American society.

Since propensity to violence isn’t in any way able to be correlated to mental health issues, and since the mentally ill do not in large measure commit acts of violence at a higher rate than those who are supposedly mentally sound, this rulemaking is unjust and no more than an abortion.  Violence is a function of evil rather than mental soundness, something that an ATF questionnaire or doctor’s examination cannot quantify or repair.

ATF On NFA Firearms In Estates

BY Herschel Smith
5 months ago

I am reproducing this entire post brought to you by AmmoLand because if I am not mistaken it is a release by the ATF and not unique to AmmoLand.

ATF has found that Federal firearms licensees are often involved in the disposition of National Firearms Act (NFA) firearms in estates of decedents.

As a result, ATF receives questions from licensees about the procedures involved to comply with the law.

Information regarding registered firearms is protected tax information and the release of the information by ATF is restricted. In general, the release can only be made to the executor (administrator, personal representative, or whatever term is used for the person appointed and tasked with disposing of any property in an estate).

ATF can respond to general procedural questions by the licensees, but, for specific questions, the response can only be to the person noted above.

Prior to the release of any registration information, the person requesting the information must provide documentation of their status to the NFA Branch.

The firearms must remain in the possession of the executor, until a transfer application has been submitted and approved. A transfer would include the disposition of an NFA firearm to a licensee for consignment or safekeeping.

Any unregistered NFA firearm(s) in an estate are contraband and there is no means by which these firearms can be registered. The executor should contact the local ATF office to arrange for the disposition of these firearms. The disposition of an NFA firearm to a beneficiary of an estate is on a tax-exempt basis (using ATF Form 5 to update the registry). However, in the case of multiple beneficiaries, ATF will request a release from any beneficiary who is not receiving the firearm. The laws of the State in which the decedent resided determine who is a beneficiary. The application for transfer to the beneficiary must include the beneficiary’s fingerprints and photographs.

The disposition of a serviceable NFA firearm to a person who is not a beneficiary is on a tax paid basis (using ATF Form 4). The disposition of an unserviceable NFA firearm to a person who is not a beneficiary is on a tax-exempt basis (using ATF Form 5). As noted above, the requirements of the NFA apply for these dispositions.

If the disposition is to a person in another State and the person is not a Federal firearms licensee or a beneficiary, then the firearm must be transferred to a Federal firearm licensee in the recipient’s State. After approval of the transfer and receipt by the licensee, the licensee would then apply to transfer the firearm to the purchaser.

Good grief.  None of this would be an issue if the Congress had not passed the NFA (and you know my position, i.e., that the Second Amendment frames in the federal government and restricts their actions, making all gun laws passed at the federal level unconstitutional).  Furthermore, none of this would be a problem were it not for the ATF, which in my opinion is an illegitimate arm of the federal government given the way I see the Second Amendment.

But here we are, with armies of lawyers trying to figure out ways to comply with the regulations, with armies of lawyers inside the beltway trying to figure out ways to make it hard to comply with the regulations.  This is what happens when the federal government is too big and powerful, which is exactly what our wise founders tried to avoid.

Does De Facto Gun Registration Exist In The U.S.?

BY Herschel Smith
6 months, 1 week ago

These observations by Andrew Tuohy have been floating across the gun web for a couple of days.  I have to quote at length, although the entire post is worth reading, as are the comments.

Last year, I was sitting at home when my doorbell rang. Two polite and professional ATF agents informed me that the number of firearms I had purchased from 2007 to 2010 did not match my income. I was disappointed to learn that this fact did not come with some sort of prize or award, but suddenly wondered how they knew what I had purchased. They knew of 5 AR receivers transferred to me on one 4473 (in 2010), for which no background check had been performed. I told them that those receivers, along with most of the firearms I had transferred to me during that time, were provided for free by manufacturers for T&E purposes, and told them about my blog.

When later I asked the FFL about that transaction record, they told me that the ATF had audited their records but didn’t appear to have copied any information – although that is literally the only way they could have known about those five receivers or even the transaction itself. The receivers came from two different manufacturers, and the only time they appeared together was on that 4473, which is supposed to be only retrieved by the ATF if there is a need to trace a specific transaction (and there was no need to trace that transaction). Federal law prohibits their doing so.

A friend was recounting an ATF audit at his gun store, and mentioned that the agents were copying information from 4473s.

I am not the first person to notice this.

I think that ATF Industry Operations agents are using the excuse of auditing the quality of FFL recordkeeping to create a database of firearm owners – or at the very least transferees of certain types of firearms. This is, in essence, a defenestration of the law.

The GAO link states:

Several gun dealers have contacted Gun Owners of America and asked for our advice. Invariably, they say that the ATF is, or has been, at their store — making wholesale copies of their 4473 forms — and they want to know if that’s legal.

We are not going to betray their confidence without permission, but GOA can say that this has occurred enough times to make us believe these are not isolated incidents. (GOA has attached several redacted stories from gun dealers in the Appendix.)

The copying of 4473 forms has happened despite the prohibition in 18 USC 923(g)(1)(D) which specifically prohibits anyone in the Justice Department from “seiz[ing] any records or other documents other than those records or documents constituting material evidence of a violation of law.”

Uncle has the usual quick and insightful summary to offer.  And finally from comments back at Andrew’s blog:

As an FFL who has been through an ATF audit, I can confirm that they are thorough in their investigation, but do NOT scan 4473s (at least not with me). The IOIs, however, are trained to look for patterns of repetition, which IOIs take note of. And, yes, they do appear to be looking for patterns of frequent purchases. Ostensibly, this is to flush out people that are making a business by “flipping” firearms through private sales (which happens, but it’s not rampant).

Now for my assessment.  I have absolutely no problem believing that the ATF has violated the law (and code of federal regulations) at times, and I have no doubt that they will in the future.  I have absolutely no doubt that the ATF wants a comprehensive national gun registry.  Finally, I do not doubt the veracity of any of these anecdotal instances of illegalities.

However, what I do doubt is that the ATF is capable of pulling off a comprehensive national gun registry by audit, and without the assistance of the civilian population.  While they may see form 4473s during audits, and while some ATF employees may make illegal copies of said forms, or write down information that they shouldn’t, I doubt that they could construct a comprehensive database out of said activities that was anything other than laughable and ridiculous.

To be sure, if a national gun registry ever becomes laws, civil war will ensure.  But in the absence of the civil war, the DoJ/ATF would have to rely on FFLs to construct the database for them.

I work with federal employees regularly.  Many of them are stolid and shouldn’t be working in their capacities at all.  Testing should be done before hiring federal employees (assuming that any such position exists after my recommended secession), and any federal applicant who cannot factor a cubic polynomial or solve problems using basic trigonometric functions should be told to hit the road – or go back to school.  Notice that I haven’t raised the bar too high.  I’m not asking them to solve differential equations or Laplace Transforms – just do high school mathematics.

I’m not trying to be insulting, but any database that doesn’t have the input, guidance, formatting and QA to ensure its fidelity from the civilian population doesn’t stand a chance of being anything other than a joke.  That’s why the progressives want it codified into law.  They want the database to be constructed by the very people that it would rule.

In summary, I think Andrew has made a valuable contribution to the state of knowledge of ATF misdeeds, as has the GOA.  I think that the ATF would use any chance to violate the law to press its agenda (Fast and Furious is proof of principle).  I don’t doubt that the ATF has attempted in the past to encroach on the sacred space of form 4473s.  I don’t doubt that they will do it again if given half a chance.  What I do doubt is that the ATF can pull off a national gun registry that has any credibility whatsoever without having us construct it for them.

Judgment Day Cometh For The ATF

BY Herschel Smith
10 months, 2 weeks ago

David Codrea notes on his web site a passing thought that isn’t given in his Examiner article.  For the ATF, “a day of judgment is coming.”  At Examiner:

The case of Jay Anthony Dobyns v. The United States is scheduled to begin Monday by the United States Court of Federal Claims, an entry yesterday on the ATF agent’s blog announced. “The trial will start in Arizona and end in Washington, D.C. in early August,” Dobyns wrote.

[ ... ]

“ATF has breached its settlement contract terms … and has continually failed to approach minimal standards of law enforcement safety practices by failing to properly assess, respond to, investigate, process or document any of these threats and occurrences,” the Synopsis of Facts in Dobyn’s complaint states.

Dobyns was a whistle blower, and you can read the rest of the story at Examiner (which keeps me from having to recapitulate it here).  Now, take a slight detour to WRSA, where their reaction to Senator Lautenberg’s death was exactly the same as mine: “Good Riddance.”

Totalitarians will answer for their totalitarianism in eternity if they don’t answer in the here and now.  You can count on it.  But totalitarianism is way down the list of things for which the ATF will be held accountable one awful day.  This leads me to my main point about the ATF and Dobyns.  All of those who work for the ATF and who superintended this ugliness are in great peril.  Take careful note what a testimony it is to one’s character to make an agreement and then break it.

There can never be a time or situation when truth is not the morally right thing to declare. Dr. Charles Hodge, in his Systematic Theology says, “A man who violates truth sins against the very foundation of his moral being. … Truth is at all times sacred, because it is one of the essential attributes of God. Truth is … the very substratum of Deity.” (Vol. III, chapter XIX, section 13)

Lying is a characteristic of Satan and his kingdom. This is openly declared by our Lord when in John 8:44 he said of the Devil, “… he is a liar, and the father of lies.”

I might take some issue with the expansiveness of this edict, witness Rahab’s lie and the fact that the enemy didn’t deserve the truth.  But let the weightiness sink in.  The ATF had contractual terms with Dobyn’s and violated those terms.  Shame.  Eternal shame.

David is right.  There will be judgment on the ATF – now or in eternity, or both.

The Low-Tech Way Guns Get Traced

BY Herschel Smith
11 months ago

From NPR.  None of this is a surprise to any of my readers, but the main thing to recognize is that when they refer to trace, they mean trace it to a gun dealer.  So a serial number gets traced to a wholesaler, who then can trace it to an FFL, who then (unfortunately) has the form 4473 on file.

What they don’t say, and what they can’t do, is tell whether a gun has been privately sold to another individual.  This happens often, and it’s legal as it should be.

I’m fine with this being low-tech, and I’m fine with the ATF being unable to trace it to the actual owner in a large number of cases.  Being not okay with this means belief in a national gun registry, and that would be anathema to believers in liberty, and a function of a wicked government since all gun control is evil.

Two From Examiner

BY Herschel Smith
11 months, 3 weeks ago

First, Kurt Hofmann.  Kurt gives a good summary history of the issue of gun control in Chicago / Illinois, and details how the communists there would rather prosecute an unlawful set of regulations and rules than follow the constitution.  Their scorched earth policy may backfire, but they have some options, as if an injured criminal hoping to avoid prison.

Second, read David Codrea citing a report by Gary North.

I just spoke to a good entrepreneurial friend. When he read about the ammo shortage he saw a business opportunity. He began researching what is involved in opening and operating ammo manufacturing. He found out that since he is not a felon he just needs a $30 license from the ATF. He contacted that department. He has waited over 2 weeks with no reply. In the meantime he found the manufacturing equipment in China. He contacted them. He heard back through their broker and was informed that just 3 days before, our government made it illegal to export that equipment to US citizens. I’ve not read anything about this in any news source.

I’d like to see this followed up with more reporting.  I don’t like anonymous sources, although I understand the need to prevent divulging names when no permission has been granted.  Read David’s conversation with the ATF at Examiner.

That said, I do know a little something about Gary North.  He is confidant of a large number of very smart people, and knows some wealthy ones as well.  Furthermore, he is an honest man, whether you agree with his analysis or not.  On its face, I trust this to be a truthful report, and thus it is highly disturbing.

Recall what I said about rulemaking?

I work with the federal government on at least a semi-regular basis, and when not, I am doing things that follow federal regulation, even though highly technical (the specific nature of what I do is not the subject and won’t be discussed).

For most people who never work with federal agencies and departments, ignorance is bliss.  But for those who do, they know that the nasty little secret about the federal government has to do with lawmaking by regulation.

Laws are passed by the Senate and Congress.  But after laws pass, thousands of lawyers inside the beltway go to work writing regulations based on those laws, or not, using the law as a pretext for further regulation that Congress didn’t specifically intend.  At times, Congress has even had to pass laws undoing regulations because the regulations don’t meet the intent of the law, and yet the executive branch won’t stop enforcing that regulation (or class of regulations).

Regulation is passed merely by entering them into the federal register, allowing a waiting time for public comments (which are nothing but a chance afforded to the authors of the regulations to ignore them or write sarcastic rebuttals), and then after the waiting period, it takes on the force of law including prosecution, fines and imprisonment for failure to follow them.

This happens every day, all over the nation, and in the DOT, NRC, EPA, DOJ, ATF, DHS, and other departments and agencies that the reader cannot even name and didn’t know existed.  Any law giving the executive branch the authority to further regulate firearms will be an opportunity for abuse, overreach and exploitation.

Take it from someone who has seen it.  Don’t trust the Leviathan.  It is a monster and it has monstrous intentions.

While it’s disturbing, it doesn’t surprise me in the least.  It saddens me to see our nation turning so sharply towards bureaucratic micromanagement, cronyism, political payoffs, and totalitarian control.

God help us all if our federal government doesn’t see that it has far greater things to worry over than whether we import ammunition fabricating equipment from China – things like how much of our national debt is owned by China.

40+ Law Enforcement Officers Raid FPSRussia

BY Herschel Smith
1 year ago

Online Athens:

Nearly 40 law enforcement officers converged Tuesday on the property of a Franklin County man whose business partner was shot to death in January in a homicide that continues to trouble investigators.

U.S. Alcohol, Tobacco and Firearms agents supervised the raid geared at finding explosives used by Kyle Myers, 26, because the ATF believes Myers may be violating a federal law regulating such explosives, according to ATF spokesman Richard Coes.

Federal agents, accompanied by Georgia Bureau of Investigation agents and deputies with the sheriff’s offices in Franklin and Hart counties, raided the Royston residence of Myers. Authorities also raided on Tuesday the 60-acre farm of Lamar Myers, Kyle’s father, in Lavonia.

No arrests were made, nor did Coes know if any explosives were seized.

“The idea at one of the locations was to take firearms, but they did not do that,” Coes said.

But it gets more stupid yet.

“If it ever came to doing something outside of our legal boundaries, we would then work with someone who was legally authorized to do it in an approved location,” she said about handling guns, explosives and equipment.

Under ATF regulations it is illegal to manufacture, sell, distribute, transport or even own explosives without a federal explosives license.  However, in the FPSRussia videos Myers uses Tannerite, an explosive civilians can buy, own and use without a license.

Tannerite is legal because it’s labeled as a binary compound, meaning a pre-packaged product consisting of two separate components.  This does not fit the ATF’s definition of “Explosives.”

When Guns.com talked to the ATF about this incident the ATF spokesman Richard Coes said he didn’t know why ATF agents suspected Myers of wrongdoing.  However, he told local media that “the claim is that he was using explosives and getting paid for it via YouTube.”

Wandel expanded on that concept saying, “It’s difficult for people to understand how [Myers] makes a living off of a monetized Youtube channel.”

Tannerite.  Remember WRSA reaction to tannerite?

Boo!

Tannerite!

Hold me close, Uncle Bob — I’m a-skeered.

Boo!

But sad to say, it gets even more stupid than that (I know, that’s hard to fathom).

Understanding how Youtube channels make money is a mystery to a lot of people, but in a nutshell when a channel is monetized, meaning ads run on it, money comes with popularity (i.e. a lot of views). The more views, the more ads, the more ads, the more money.

Myers is 26 years old and lives a financially comfortable life by making videos where he shoots guns and blows stuff up, or, more to the point, does stuff people want to see. The FPSRussia channel is just shy of 4 million subscribers and half a billion views.

Not only did these imbeciles issue a warrant to search the premises for “possible” violations, not only did these imbeciles use 40+ agents, but these imbeciles don’t understand how YouTube works.

Ads.  Read it, ATF.  Ads.

What a collective group of outright imbeciles.  The ATF is a bunch of worthless, meaningless, do-nothing morons who waste our tax dollars and their time.  Hand them their pink slips – each and every one of them.

I see cost savings!

Zapata Lawsuit Against U.S. Government

BY Herschel Smith
1 year, 2 months ago

David Codrea scoops the story (before the MSM) on a lawsuit just filed by the parents on behalf of deceased Immigration And Customs Enforcement Agent Jamie Zapata.  I don’t blame them.  I wouldn’t let this go either.  It’s because of corruption that guns were walked across the border in the failed U.S. attempt to side with drug lords in their war against each other while also giving the state an excuse to enact new gun laws.

The corruption might be exposed by this lawsuit, although whether this brings it about won’t effect long term probabilities.  Long term, I just don’t believe that it’s possible to hide the truth.  The sooner everyone confesses, the better it will be, but everyone’s role will ultimately be made known.  It’s just a matter of time and light.

The ATF Doesn’t Know Who Has Guns

BY Herschel Smith
1 year, 2 months ago

Standard-Examiner:

In the fictional world of television police dramas, a few quick clicks on a computer lead investigators to the owner of a gun recovered at a bloody crime scene. Before the first commercial, the TV detectives are on the trail of the suspect.

Reality is a world away. There is no national database of guns. Not of who owns them, how many are sold annually or even how many exist.

[ ... ]

When police want to trace a gun, it’s a decidedly low-tech process.

“It’s not CSI and it’s not a sophisticated computer system,” said Charles J. Houser, who runs the ATF’s National Tracing Center in Martinsburg, W. Va.

When police trace a gun, the search starts by sending all the information they have about the gun – including the manufacturer and model – to an office worker in a low-slung brick building just off the Appalachian Trial in rural West Virginia, about 90 miles northwest of Washington.

ATF officials first call the manufacturer, who reveals which wholesaler the company used. That may lead to a call to a second distributor before investigators can pinpoint the retail gun dealer who first sold the weapon. Gun dealers are required to keep a copy of federal forms that detail who buys what gun and a log for guns sold. They are required to share that information with the ATF if a gun turns up at a crime scene and authorities want it traced. Often, gun shops fax the paperwork to the ATF.

That’s where the paper trail ends.

In about 30 percent of cases, one or all of those folks have gone out of business and ATF tracers are left to sort through potentially thousands of out-of-business records forwarded to the ATF and stored at the office building that more closely resembles a remote call center than a law enforcement operation.

The records are stored as digital pictures that can only be searched one image at a time. Two shifts of contractors spend their days taking staples out of papers, sorting through thousands of pages and scanning or taking pictures of the records.

“Those records come in all different shapes and forms. We have to digitally image them, we literally take a picture of it,” Houser said. “We have had rolls of toilet paper or paper towels … because they (dealers) did not like the requirement to keep records.”

The tracing center receives about a million out-of-business records every month and Houser runs the center’s sorting and imaging operations from 6 a.m. to midnight, five days a week. The images are stored on old-school microfilm reels or as digital images. But there’s no way to search the records, other than to scroll through one picture of a page at a time.

“We are … prohibited from amassing the records of active dealers,” Houser said. “It means that if a dealer is in business he maintains his records.”

Good.  This is the way I want it kept.  Any further collating, storing, amassing, categorizing or any other kind of analysis means that the federal government would have a national gun registry.  And that would be unconstitutional … and immoral.

The Bible does contain a few direct references to weapons control. There were many times throughout Israel’s history that it rebelled against God (in fact, it happened all the time). To mock His people back into submission to His Law, the Lord would often use wicked neighbors to punish Israel’s rebellion. Most notable were the Philistines and the Babylonians. 1 Samuel 13:19-22 relates the story: “Not a blacksmith could be found in the whole land of Israel, because the Philistines had said, “Otherwise the Hebrews will make swords or spears!” So all Israel went down to the Philistines to have their plowshares, mattocks, axes, and sickles sharpened…So on the day of battle not a soldier with Saul and Jonathan had a sword or spear in this hand; only Saul and his son Jonathan had them.” Nebuchadnezzar king of Babylon also removed all of the craftsmen from Israel during the Babylonian captivity (2 Kings 24:14). Both of these administrations were considered exceedingly wicked including their acts of weapons control.

As I said.  Gun control is the action of wicked governments.  A national gun registry grants the government too much power, too much information, and too much control.

What To Expect On Gun Control In The Coming Months

BY Herschel Smith
1 year, 3 months ago

We’ve discussed it many times, this proposed extended and expanded assault weapons ban proposed by Senator Dianne Feinstein.  The new legislation may fail, but the White House has it’s own front in this war on firearms.  But their own propaganda betrays a serious weakness in their approach.

The White House is also developing strategies to navigate the rocky and emotionally fraught terrain of gun politics once final policy decisions are made. The administration is quietly talking with a diverse array of interest groups, including religious leaders, mental-health professionals and hunters, to build as broad a coalition as possible, those involved in the discussions said.

The president is expected to face fierce opposition from the NRA and its allies in Congress, including most Republicans and some Democrats.

But Biden signaled to those involved in the policy discussions that the White House is not afraid of taking on the NRA, the nation’s largest gun rights group. At the Dec. 20 meeting, according to Stanek, when one law enforcement leader suggested focusing on only the most popular proposals, Biden responded: “Look, what I’m asking you for is your candid opinion and ideas about extreme gun violence. Leave the politics to the president. That’s our job with Congress.”

They want to turn hunters against the NRA and modern sporting rifles.  Fat chance.  That didn’t work out so well for David Petzal or Jerry Tsai.  Their plans to divide and conquer the NRA will meet with disastrous results.  Every minute spent on such a tactic is wasted, and thus we have to hope that they expend a lot of energy on it.

But the later part of the strategy, i.e., politics, is far more fearsome and they have proven very adept at that approach.  Gun Owners of American (h/t Mike Vanderboegh) gives us an inside baseball look at the current tactics.  In summary, John McCain is working against gun owners by pressing (along with the Democrats) for a rule change that would essentially be a work-around of the filibuster rule.  Lindsey Graham has vowed to vote against new gun control measures, but since he is McCain’s lap dog, he may be looking for cover as he works silently behind the scenes to assist in Feinstein’s plans.  Joe Manchin has backed off of his public calls for new gun control measures, but he may be playing the same game as McCain and Graham.

Currently in the Senate, Rand Paul is the only immovable champion of second amendment rights.  If new laws pass the Senate, they must also pass the House before going to the President’s desk.  It isn’t clear what the House will do.  If history is any indication, they are in a weakened state, and lack any backbone anyway.

However, the Republicans stand warned.  If – controlling the House of Representatives – they allow new gun control measures to pass to the President’s desk, the GOP will cease to exists as a viable political party.  Voters are having difficulty finding differences between them and the Democrats anyway.  Caving on gun control would seal the fate of the GOP as a historical relic rather than a future possibility.

If new gun control measures don’t pass the Senate and House, the game is far from over.  The Obama administration is investigating the possibility of executive orders reclassifying semi-automatic firearms as title 2 weapons, thus doing by fiat what the legislative branch rejected.  The fight will continue, just in a different locale than the Senate and House.

Finally, if new gun control measures pass to the President’s desk (in which case he will surely sign the measures into law), it means more than just new background checks.  All semi-automatic firearms will be taxed, required to be submitted to the ATF for approval, controlled from crossing state lines, and prohibited from being bequeathed to your children or grandchildren in your wills.  Violation of any of these rules will turn you into an instant felon.  Of course, this would mean a resistance for which America isn’t prepared.

Karl Denninger writes:

It is time for We The People to take a stand, as did John Hancock, Richard Stockton, Samuel Adams, Thomas Jefferson, John Penn, Arthur Middleton and others.

Your right to life is not bestowed by government. Your right to liberty is not bestowed by government. Government never possessed those rights and you cannot bestow what you do not first lawfully possess.

You right to life and liberty were bestowed by your creator. Those rights inure to each and every one of us by virtue of being human. And here’s the point which many of you wish not to discuss:

A right without the ability and willingness to defend it is no right at all.”

Bob Owens writes:

“The Second Amendment of the United States was never written to protect hunting or target shooting. It was written by men who had just fought a successful armed revolution against the most advanced military of their day, and who wanted to ensure that future generations would be armed with weapons of contemporary military utility in order to stand against the day that once more, tyrants would attempt to consolidate power and lord over the people as their betters.

“Any attempt to take the contemporary arms of military utility our Founders wanted us to have, which includes the standard magazines and clips used in these firearms, is an act of tyranny that the Founders would recognize as an event justifying the use of force to retain our freedoms.”

“Tread carefully.”

Brandon Smith writes:

“There is no ambiguous or muddled separation between the citizenry and the government anymore. The separation is absolute. It is undeniable. It is vast. It is only a matter of time and momentum, and eventually there will be unbridled oppression, dissent, and conflict. All that is required is a trigger, and I believe that trigger has arrived…”

Mike Hendrix writes:

“This is a society preparing for war,” writes Bob Owens.

“Reluctantly, almost unwillingly, it should be noted. But the sad truth is, war is already being made upon it, and has been for a long time now. Said society has been more than patient, more than tolerant. But eventually, enough is enough. Everyone has their limit; freedom-loving Americans’ has very nearly been reached. A few more steps over the line, and the kettle is going to boil over.”

“Any liberal-fascists who think we’re all going to go gently into that good night really, really need to reconsider. We all have to hope they do. But we all have to be prepared for the possibility, the likelihood, that they mightn’t. “This far, no further” is more than just an empty slogan.”

“Gird your loins.”

Alan Halbert writes:

“We are in far more danger from these actions of our own government than from another Sandy Hook atrocity by a crazed killer.”

“The Second Amendment’s purpose is to provide for the citizens’ defense from all who would deny their natural God- given right to “life, liberty and the pursuit of happiness” against a criminal, a foreign or domestic enemy, or our own government. We will witness the end of the Republic if this proposed legislation is passed, since all of our rights flow from the citizen’s ability to defend them.”

“As for this citizen, I will never disarm or surrender my Second Amendment rights, much less willingly comply with such a traitorous act of Congress if enacted… it is actions like these that light revolutionary fervor in a nation and its citizens. It did so in 1776 and it will do so again.”

John Jay writes:

“…when it is done, and the regime defeated, no one will talk about what he did in the war. It shall have been terrible, and brutal. Executions, murders, assassinations and the inevitable collateral damage shall be the issue of the day. This is the price that those who attempt to impose a totalitarian regime in the America’s shall face. Many of us will die, and some shall become iconic photos hanging from lamp posts, stripped naked and hoisted by their ankles, as final witness and testimony to their arrogance.”

“Those who seek to take our weapons trifle with history, heritage and firmly held belief. It should be remembered, those of us who believe this way are god fearing, and shall invoke and beseech our God for support. We have a religious underpinning and faith that shall carry us through this, as opposed to those who seek to suppress us. They have nothing but naked ambition to sustain them.”

“Do Obama, Pelosi, and Feinstein have the stomach for this sort of conflict? Are they willing to initiate, in order to try and gain the rule they aspire to? We shall find out.”

Western Rifle Shooter’s Association writes:

“Understand that once the ball opens, there will be no stopping the righteous fury of viciously-indignant Americans, especially once the 2013 versions of Waco and Ruby Ridge are re-enacted by Regime loyalists across the nation.”

“No one associated with the Federal government or its mutant-twin ruling parties will be safe.”

“Especially once the guys with the scoped hunting rifles come in.”

Mike Vanderboegh writes that there would be a revolution if the government confiscates weapons, and Herschel Smith warns that there will be resistance and writes that the resistance won’t be “the peaceful kind.”  If it goes to the point of forcible implementation of the proposed legislation, it will be awful, bloody, violent and extreme.  Right now we don’t know for certain what will happen in Washington.  But depending upon that outcome, what will happen all across America has been written.  1.6 billion rounds of handgun ammunition won’t be nearly enough for the government.

You’ve been warned.

UPDATE: “Class II” has been changed to “Title II.”  I appreciate Glenn’s attention to this article.  Also, David Codrea gives a link.

UPDATE #2: Thanks to John Richardson for the attention.

UPDATE #3: Thanks to Mike Vanderboegh for the attention.


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