Walkabout In The Weminuche Wilderness

Herschel Smith · 05 Aug 2018 · 39 Comments

"There are no socialists in the bush" - HPS All of my physical training only barely prepared me for the difficulty of the Weminuche Wilderness (pronounced with the "e" silent).  It's National Forest land, not National Park.  The Department of Agriculture no longer prints maps of the area, so we relied on NatGeo for the map, and it's good, but not perfect. We have a lot of ground to cover, including traveling with firearms, the modification I made to one of my guns for the trip, the actors…… [read more]

RW Arms Sues Government Over Destruction Of Bump Stocks

BY Herschel Smith
1 week, 5 days ago

Liberty Headlines:

(Matthew Adams, Dallas Morning News) RW Arms, a Fort-Worth, Texas, firearms dealer, has filed a federal lawsuit seeking damages after destroying 72,400 bump stocks to comply with a Trump administration order that took effect March 26, the company announced Monday.

The company filed the case under the Fifth Amendment taking clause, which prohibits the government from seizing property.

RW Arms destroyed the bump stocks on March 26, resulting in its losing millions of dollars, the company said.

When I saw the headline over news search I immediately thought “They must have done this under an illegal taking.”  Sure enough they did.

It’s the only way they can show standing, and it applies.  They should win in a just world.  The world isn’t just, and neither is the U.S. government.  Sorry to say, I predict a loss.

This is Trump’s bump stock ban.  It belongs to him.  He owns it.  We can call it by it’s proper name forever.  550,000 bump stock owners = 550,000 voters.  Grok that, Trump.

Bump Stock Owners Not Exactly Burning Up The Roads To Turn Them In

BY Herschel Smith
2 weeks, 5 days ago

Via Uncle, this.

Most local and area law enforcement agencies aren’t seeing a flood of bump stocks, attachments that allow shooters to continuously fire semi-automatic weapons, being turned in as a result of a federal ban that went into effect a week ago.

Only one agency reached by The State Journal-Register had reported a bump stock being turned over.

As of March 26, owners had 90 days to surrender the devices to local law enforcement agencies or to the Bureau of Alcohol, Tobacco, Firearms and Explosives or to destroy them on their own.

On Thursday, the U.S. Supreme Court issued a one-sentence order upholding the ban.

In October 2017, a gunman used a bump stock to rain gunfire down from a Las Vegas hotel room, killing 58 people and injuring hundreds of others at a country music festival.

The novelty of the device — and some say its inaccuracy — have made it a bit of rarity among gun owners.

“I don’t think it’s a popular item,” said Sangamon County Sheriff Jack Campbell, adding that none have been turned into his office.

“It’s a possibility (some could still be turned in). I don’t know how many were purchased in Sangamon County, and we don’t track the sales.

“You’re going to have a few holdouts. There were gun owners who were adamant that this was part of their Second Amendment right to keep it.”

“What I’ve found out about bump stocks is that they’re unique,” Morgan County Sheriff Mike Carmody said.

Carmody’s office also hasn’t handled any since the ban, though he expects the issue to come up in conversation with gun advocates.

Carmody also said he was unsure if owners would strictly adhere to the ban, but “I guarantee that anyone who has a bump stock knows the law.”

Menard County Sheriff Mark Oller said the only bump stock turned into his office was done so weeks before the ban took effect.

“Someone was going through a person’s estate (when it was found),” Oller said. “It had never been used. It was still in the package.

“It’s not surprising that only one was turned in because I don’t think there are many out there.”

Yea, you keep telling yourself that.  Nationally, some 550,000 of them.  But here’s the real question, Sheriff.  If America is going to make felons out of innocent and peaceable men, what’s the purpose in stopping with bump stocks?  Why not SBRs, suppressors and fully automatic weapons?

D.C. Circuit Court Of Appeals Denies Stay Expansion

BY Herschel Smith
3 weeks, 6 days ago

Via David Codrea.

Because when we decide constitutionality, it can only be for one person at a time.  You don’t have “standing,” which means you aren’t rich enough to afford the exorbitant legal fees associated with taking on the FedGov.  And we, the judiciary, play right along with that.  It’ll have to go person by person, unless of course we reject plaintiff’s arguments and go along with the FedGov.  Which we probably will.

Because we’re better than you.

Request To Modify Bump Stock Stay Filed

BY Herschel Smith
4 weeks ago

David Codrea:

Likewise, the Codrea Plaintiffs-Appellants (No. 18-cv-3086 (D.D.C.) in their Motion for a Preliminary Injunction (Doc. 5-1, p. 24), Reply Brief (Doc. 18, p. 17), and Principal Brief before this Court (p. 29), requested a “systemwide preliminary injunction.”

Good.  The stupid way the court works the stay would only have been good for the specific plaintiff.

We shouldn’t even be here.  Thanks Trump.  And NRA (who gave you the original idea and cover for it).

Appeal Filed After Judge Rules For Bump Stock Ban

BY Herschel Smith
1 month, 3 weeks ago

David Codrea:

“Codrea also asserts that the bump stock rule violates the Takings Clause because it fails to provide compensation to current bump stock owners who must destroy or abandon their property. Regardless of the merits of Codrea’s takings challenge, however, it does not justify preliminary injunctive relief.”

Just because she says so, and she has all the power.

Where we stand now is unless the D.C. Appeals Court grants the appeal with expedited treatment, on March 26 I and others will become felons if we do not surrender or destroy property previously deemed lawful by the same bureau now saying it’s not.

And the FedGov has filed an opposition to expedite.  Of course.

Good on David for soldiering on and going through what will likely be a losing battle.

Judge Gives Green Light To Trump’s Ban On Bump Stocks

BY Herschel Smith
1 month, 3 weeks ago

Reuters:

A federal judge gave the Trump administration the go-ahead on Monday to ban “bump stocks” – rapid-fire gun attachments used in the deadliest mass shooting in modern U.S. history – in a defeat for firearms rights advocates.

“None of the plaintiffs’ challenges merit preliminary injunctive relief,” Washington-based District Judge Dabney Friedrich wrote in a 64-page ruling.

[ … ]

Friedrich found courts have regularly recognized the ATF’s authority to “interpret and apply the statutes that it administers,” including the definition of a machine gun.

So in other words, because the courts have teamed up with the administrative state to empower themselves even further, it’s okay.  There’s precedent for it.  Congress doesn’t really matter if we give all authority to the administrative state anyway.

I see that David Codrea is already on this.

Judge Friedrich begins with the assertion that “According to the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), the [Las Vegas] gunman used multiple ‘bump stocks’ in the attack, which increased his rate of fire.”  As contrary to most news reports, political claims and public opinion as this may sound, that has never been definitively established, or if it has, that information has not been made public. True, guns were recovered from the scene with bump stocks attached, but, as a Freedom of Information Act response documented, ATF was denied inspection access to weapons at the scene to determine if the ones used had been modified with “machine gun fire-control components or known machine gun conversion devices,” and to this day no report of technical examination has been released.

He further observes, “Who’s still asleep enough to still think this is “just about bump stocks” or still in denial enough to insist that it’s some genius 3D chess maneuver purposely designed to lose in the courts?”

That was my first thought when I read the report from Reuters.  Yea, what about that 3D chess match Trump is playing to make this all fail in court?  I’ve seen that sort of floated by Glenn Reynolds before, who also notes that this is unconstitutional.

I never once thought that Trump wanted anything but a bump stock ban since (contrary to what the Reuters article says) the NRA gave him cover for it.  He believes that gun owners are a monolith represented by the NRA, when in actuality, many if not most of us consider them to be to willing too compromise.

It’s as if Trump doesn’t really know who his base is, or doesn’t understand them, or doesn’t really care, or simply believes he can replace them with another base.

WSJ Researching Bump Stock Ban Comments In Federal Register

BY Herschel Smith
6 months ago

Via reader and TCJ reporter Fred Tippens.

“The Wall Street Journal has been writing stories about various regulatory proposals and is preparing a story about a rule pending at the Bureau of Alcohol, Tobacco and Firearms at the U.S. Justice Department.

We are working with a national public research firm to help us collect information using an online survey format that should take you less than 5 minutes to complete.

Your identity, including your name and email address, will be kept confidential unless you indicate otherwise. Your answers will only be used in potential news stories when combined with other participants. At the end of the questionnaire, you will be asked if you are willing to be contacted by a reporter for The Wall Street Journal to discuss your answers further or use your name with a story.

To help us, click here [https://grimaldisurveys.cmail20.com/t/d-l-nqlha-jlidthdyud-t/], which will take you to the survey, being conducted for The Wall Street Journal by Mercury Analytics, a national public opinion research firm. Alternatively, you can go to this web address,

http://www.masurveys.com/wsj_2763?ID=7242155329

Thank you very much.

James V. Grimaldi
Senior Writer
THE WALL STREET JOURNAL
O: +1 202 862-6665
E: james.grimaldi@wsj.com

I also got this tip from another reader.  This is odd.  I didn’t get such an email and I made a comments.

But there is the contact information if you wish to contribute to it.  It won’t do any good.  The collectivists have made their mind up, and the constitution stop mattering a long time ago.

Firearms Policy Coalition And Firearms Policy Foundation Submit Comments On Proposed ATF Bump Stock Ban

BY Herschel Smith
9 months, 4 weeks ago

Ammoland:

Firearms Policy Coalition (FPC) and Firearms Policy Foundation (FPF) have announced that their extensive, 923-page opposition comment was filed with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) regarding the agency’s proposed rulemaking to ban “bump-stock” devices. The FPC Comment and its 35 exhibits can be viewed online in their entirety at https://www.firearmspolicy.org/fpc-fpf-opposition-atf-bump-stock-ban.

The FPC Comment in opposition was filed on the groups’ behalf by attorneys Joshua Prince and Adam Kraut of Firearms Industry Consulting Group (FICG) after President Trump directed Attorney General Jeff Sessions to use executive actions to unlawfully and unconstitutionally expand the scope of statutes to force the dispossession and destruction of legally-acquired property–without just compensation–and subject possibly more than 500,000 Americans to severe federal criminal penalties.

Here is a summary of the arguments.

  • ATF’s Proposed Rulemaking (docket no. 2017R-22) is procedurally flawed and violates the Administrative Procedure Act (APA)
  • ATF’s proposed rule violates the Constitution in numerous ways, including:
    • I – Separation of Powers
    • I – Ex Post Facto Clause
    • Fundamental, individual right to keep and bear arms protected under the Second Amendment
    • Rights to due process, fair notice, and just compensation for the taking of property protected under the Fifth Amendment
  • ATF’s proposed rule exceeds its statutory authority
  • ATF’s proposed rule is arbitrary and capricious
  • ATF’s proposed rule is unconstitutionally vague
  • ATF failed to consider viable and precedential alternatives
  • ATF’s proposed rule is not supported by policy considerations
  • ATF’s proposed rule “should be withdrawn and summarily discarded, or, in the alternative, ATF should elect Alternative 1 and abandon the proposed rulemaking in its entirety.”

I really appreciate the hard work these men put into attempting to stop really bad regulation that has potential far-reaching consequences in the future.

I have not had a chance to read all or even much of what’s there.  Suffice it to say that the ATF is legally required to read and respond, even if their responses are stolid and doltish.

I’d also like to reiterate that I’ve made my own comments, and James Wesley Rawles has made a large number of very astute comments.  I’ve also followed up my initial comments with the following queries.

  1. Note for the record any and all registered professional engineers employed and/or contracted and remunerated by the ATF or DOJ, whose job it was to provide input, calculations, analysis or opinions on the technical issues pertaining to this rulemaking.  Provide those analyses for our review, and list the PEs by name, license number and state.  State laws for all fifty states require that such analyses be traceable and sealed or stamped by the PE.  If no PEs have reviewed the technical issues pertaining to this rulemaking, say so with specificity and clarity.
  2. Note for the record any and all licensed professional gunsmiths employed and/or contracted and remunerated by the ATF or DOJ, whose job it was to provide input, analysis or opinions on the technical issues pertaining to this rulemaking.  Provide those analyses for our review, and list the gunsmiths by name, license number and state.  If no gunsmiths have reviewed the technical issues pertaining to this rulemaking, say so with specificity and clarity.

With all due respect to the lawyers who have worked hard on this, and the mechanics and fabricators who are far better than I am, the machinists who can do things I can’t, and the backyard engineers out there who can rig things I’ve never thought of, I request – no, I demand – that these last two questions be answered officially and in the public record.

A lawyer isn’t an engineer.  A mechanic isn’t an engineer.  A machinist isn’t an engineer – I mean by that a registered professional engineer who is licensed in one or more states.  An engineering license connotes legal liability and financial and fiduciary responsibility, to the point of lose of business and personal possessions and even bankruptcy.  Not even a professor of engineering holding multiple PhDs impresses me in the least.  A PhD isn’t a PE (professional engineering) license.

I demand to know what registered professional engineers were involved in the determination(s) made by the ATF regarding this rule change, their names, states registered, and license numbers.  I retain the right to litigate the lack of technical review and accountability and seek damages to gun owners by all available means, as well as seek censure of the PEs involved in this process.

Final Comments On Bump Stock Device Rulemaking, Federal Register Number 2018-06292

BY Herschel Smith
1 year ago

Since it is obvious that the decision has been made and all comments will be submitted to no avail, these will be my last comments concerning the rulemaking.

First of all, unless and until you have dealt honestly and in detail to my first set of comments, your response is incomplete and lack of forthrightness cowardly.

Second, I realize I am demanding that you do something beyond your capabilities, but until and unless you honestly address every one of the comments made by James Wesley Rawles, it will be apparent to readers that you have no way to respond in a manner that is logically coherent, legal, and rhetorically compelling.  In other words, the vacuous nature of your position will be manifest before the public.

Finally, I offer two additional comments beyond what I proffered earlier.

  1. Note for the record any and all registered professional engineers employed and/or contracted and remunerated by the ATF or DOJ, whose job it was to provide input, calculations, analysis or opinions on the technical issues pertaining to this rulemaking.  Provide those analyses for our review, and list the PEs by name, license number and state.  State laws for all fifty states require that such analyses be traceable and sealed or stamped by the PE.  If no PEs have reviewed the technical issues pertaining to this rulemaking, say so with specificity and clarity.
  2. Note for the record any and all licensed professional gunsmiths employed and/or contracted and remunerated by the ATF or DOJ, whose job it was to provide input, analysis or opinions on the technical issues pertaining to this rulemaking.  Provide those analyses for our review, and list the gunsmiths by name, license number and state.  If no gunsmiths have reviewed the technical issues pertaining to this rulemaking, say so with specificity and clarity.

The goal of said discovery will be to hold licensed PEs accountable before their respective state licensure boards.  If no PEs have reviewed the rulemaking, the goal will be, among other things, to trumpet loud and long the illegitimacy of the rulemaking due to lack of technical rigor or qualified oversight.  Illegitimacy of the rulemaking will redound to the illegitimacy of the ATF itself.

Information On Bump Stocks And Mandalay Bay

BY Herschel Smith
1 year ago

Via David Codrea, this from Stamboulieh Law.

A few days ago (yes, days), I submitted a FOIA to ATF and FBI regarding bumpstocks and the Las Vegas shooting.  Today I received a CD with 777 pages of information, which you can review at the following links:

Volume 1

Volume 2

Volume 3

Volume 4

What shouldn’t even need to be said is that I haven’t had time to slog and crawl through all of this information.  A little reader assistance would be nice.


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