Walkabout In The Weminuche Wilderness

Herschel Smith · 05 Aug 2018 · 30 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]

More FBI Secrecy In The Las Vegas Shooting

BY Herschel Smith
1 month ago

David Codrea:

ATF was “not allowed to physically examine the interior of the weapons” recovered from the Las Vegas shooter’s hotel room, a new Freedom of Information Act production by the Bureau of Alcohol, Tobacco, Firearms and Explosives reveals. The baffling revelation appears on page 335 of a response sent to attorney Stephen Stamboulieh as part of an ongoing production of documents responding to his FOIA request.

[ … ]

“ATF did not disclose that they had not examined the firearms prior to promulgating the rule,” firearms designer and Historic Arms, LLC President Len Savage notes. “And now that the comment period is closed should they go forward with this rule under the Administrative Procedure Act that information can not be used in a court challenge because it was not submitted prior to closing of comments.

“DOJ is manipulating the APA to make sure that information will NOT be used to shoot down the rule,” Savage concludes.

I’m not a lawyer, but the pretext for this entire rule making was the alleged use of bump stocks in the Las Vegas shooting.  The intentional inclusion of material false information in the federal record is felony perjury.  Government agents should be as liable to that fact as any others.

Continuing with a follow-up.

“Today, we filed a lawsuit against the Federal Bureau of Investigation over a Mandalay Bay FOIA [Freedom of Information Act] request that the FBI denied,” Stamboulieh Law, PLLC announced in a Thursday media advisory.

Firearms designer and Historic Arms, LLC President Len Savage is the plaintiff in the complaint that charges “Defendant FBI is unlawfully withholding records requested by Plaintiff pursuant to 5 U.S.C. §552.” As reported by this column in April:

The FBI has responded. They claim they have no way of knowing how many “bump stocks” have been used in crimes and the FOIA law doesn’t require them to be responsive.

Do you see what’s happening here?  Agents of the ATF promulgated the rule on bump stocks.  A different federal agency, the FBI, refused them access to the guns in that Las Vegas hotel room, and now claims that none of this is their responsibility.  The finger always points in the other direction, doesn’t it?

It is said that FBI agents are having to record their conversations with potential criminals because juries don’t believe them any more.

They deserve it.  They’ve asked for everything that’s happening to them.  Secrecy is the enemy of good and honest government.  Truth be told, there are very few things that there is any moral reason for holding back from the American people.  Operations security in a time of war is the only example that comes to mind.

Information On Bump Stocks And Mandalay Bay

BY Herschel Smith
5 months, 1 week 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.

Military Arms Channel Interview With Rick Vasquez On What The Bump Stock Ban Really Means

BY Herschel Smith
8 months ago

This is the wisest 17 minutes you’ll spend today.

Massachusetts Threatens Bump Stock Owners

BY Herschel Smith
8 months ago

NECN.com:

Gun owners in Massachusetts are being warned if they own bump stocks, they have two weeks to get rid of them.

The Massachusetts legislature voted last year to ban them and Feb. 1 is the deadline to comply or face criminal charges.

“This is not a joke,” said Jim Wallace, executive director of the Gun Owners Action League. “A violation of this new law is up to life in prison.”

Wallace says many bump stock owners may not be familiar with the new law, and a warning from Massachusetts state officials to gun owners — despite being dated Dec. 18 — only went out Friday, more than a month later.

[ … ]

There are no exceptions.

The collectivists in the great Northeast have threatened bump stock owners with life in prison for owning one.  Do I have readers in Massachusetts?  Do you own a bump stock, and if so, what are you going to do about this?

ATF Rulemaking On Bump Stocks

BY Herschel Smith
8 months, 3 weeks ago

David Codrea:

The Department of Justice anticipates issuing a Notice of Proposed Rulemaking (NPRM) that would interpret the statutory definition of “machinegun” in the National Firearms Act of 1934 and Gun Control Act of 1968 to clarify whether certain devices, commonly known as “bump fire” stocks, fall within that definition,” a Tuesday Federal Register notice advises. “Before doing so, the Department and ATF need to gather information and comments from the public and industry regarding the nature and scope of the market for these devices.”

The document comment period ends on January 25, the notice continues, providing ways to send them in either by mail or via a submission form. The notice also provides background information, including a summary of claimed statutory authority as well as the ”justification” for the proposed rule, which unsurprisingly relies heavily on last October’s Las Vegas music festival murders to make the case that such controls are needed.

I knew this and had discussed it, but I’m torn on this.  On the one hand, I need to submit comments.  On the other hand, while I’ve seen ATF responses to my points before (concerning importation of shotguns), I’ve never been given more than cursory, dismissive treatment.  I don’t expect better treatment this time around.

I’ll let readers decide for me.  I need help if I’m going to submit comments.  My readers write better than I do, have more background in legal matters than I do, and can present the case better than I can.  I would actually like to submit comments from TCJ rather than just me.

If you have thoughts on this, whether merely single comments, multiple comments, or an actual outline for a response, please respond either in comments to this post or via email.  I’d rather it be in comments to this post since that will cause others to think about the issue and add to the information here.

As always with the federal bureaucracy, although we may want to call them names and curse at them, that will cause them to throw away our comments.  Keep it civil and make it something that will actually be difficult for them to deal with.

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