Articles by Herschel Smith

The Hill:

David Chipman, a retired Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) agent, on Monday said AR-15 rifles should be regulated like machine guns.

“What I support is treating them just like machine guns,” Chipman, who is now a senior policy adviser at Giffords: Courage to Fight Gun Violence, told Hill.TV’s Buck Sexton and Krystal Ball on “Rising.”

“To me, if you want to have a weapon of war, the same gun that was issued to me as a member of [the] ATF SWAT team, it makes sense that you would have to pass a background check, the gun would have to be in your name, and there would be a picture and fingerprints on file,” he continued.

“To me, I don’t mind doing it if I want to buy a gun. These policies just protect the criminal. Like, I don’t think you should be able to anonymously purchase 20 AR-15s at one time, and the government shouldn’t know,” he said. “I don’t think it’s unreasonable at all that you have to pass a background check to own a weapon of war.”

Hmm … it’s a short hop and a skip from “weapon of war” to the Winchester Model 70 used by Carlos Hathcock, yes?  Or the Benelli shotguns used by the Marines for room clearing operations in Now Zad.  Or the venerable 1911 pistol used by John Basilone in his famous battle.

I suppose that Chapman doesn’t want people to be able to defend themselves from multiple home invaders as did Zach Peters or Stephen Bayezes.  Well, honestly, you can tack on others in that category.

So now you know what kind of people populate the ATF.  But you knew that already, didn’t you?  Instead of regulating AR-15s, I think we should regulate people who think AR-15s should be regulated.  They are a threat to liberty.

Prince Law:

Although I cannot disclose all of the occasions where ATF has recently reversed its prior determinations or devised a new interpretation of the law or regulation, I can disclose a recent prosecution, of a veteran, where ATF devised a new interpretation out of whole cloth and was successful in convincing the U.S. Attorney’s Office for the Northern District of Ohio to prosecute. The case is U.S. v. Wright, 3:18-CR-162 and it should have the entire Firearms Community alarmed.

Although many of the documents have been sealed by the Court (that should tell you a good bit already), the superseding indictment is publicly available and suggests that Mr. Wright had an unregistered short-barrelled rifle (SBR) that was not registered in the National Firearms Registration and Transfer Record (NFRTR). Regardless of whether you believe the National Firearms Act is constitutional or appropriate, at the time of writing this article, the courts have not yet found it to be unconstitutional and if merely inappropriate, one’s proper recourse is to seek a statutory deletion or revision. Thus, the possession of an unregistered SBR is unlawful. So, why is this case concerning? Unfortunately most of the informative documents have been sealed…that is, except for the Government’s Motion in Limine. (For those who don’t know what a motion in limine is, it is a motion filed by a party which asks the court for an order or ruling limiting or preventing certain evidence from being presented during a trial).

When you review the Motion in Limine, you quickly learn that the Government is seeking to preclude ATF FATD (Firearms and Ammunition Technology Division) determinations from being used in any way during trial. These determinations appear to have been part of a discovery dispute, which is also sealed and is evidenced by the Government’s statement that “[t]he Government produced the letters under the protection of a protective order that the Court authorized on August 1, 2018.”. For the reasons that follow, I find it extremely comical that the Government actually contended that “ATF FATD letters at trial creates a grave risk of confusing the issues and misleading the jury,” but I digress…for now.

We quickly learn from the Government that:

The critical issue in this case will not be possession, registration (or lack thereof), or barrel length. Ultimately, the primary issue in dispute at trial will be whether or not Kelland Wright’s firearm meets the definition of a “rifle,” that is a firearm designed to be fired from the shoulder, see 26 U.S.C. § 5845(a). Part of this issue will center on the implications modifications that Kelland Wright made or had made to the firearm, including the addition of an extension piece to the rear of the firearm.

Hmmm, so now we know that the issue is whether the piece added to his Ar-15 pistol constituted a “stock” or not. The Government further contends:

Wright’s expert, Richard Vasquez, is expected to testify that the extension piece functions as a cheek rest. The Government’s expert, Firearms Enforcement Officer Eve E. Eisenbise, is expected to testify that the extension piece makes the firearm designed to be fired from the shoulder. Officer Eisenbise is an employee of the ATF FATD. Richard Vasquez formerly was employed by the FATD.

…

The relevant issues at trial relate to the specifics of Wright’s firearm, an AR pistol platform that was modified with an angled foregrip and collapsible stock.

Now, everything starts to come into light. The Government is contending that an extension piece that is designed as a cheek rest is actually a stock or if not, Mr. Wright had a vertical foregrip on his pistol. (We call this roping a heifer, where the Government attempts to contend that no matter how you classify the situation, you have violated some law). Now, some of you are probably saying, hold on, ATF previously issued determinations – such as in relation to the Thorsden determination request letter and ATF’s response – that cheek rests and other devices, which were not designed to be shouldered, are not stocks. (For more discussion on cheek weld determinations, see our blog article Ringing In the New Year ATF Style). And they have issued numerous determinations – such as the one regarding the Magpul Angled Fore-Grip – that angled foregrips are not vertical pistol grips. Yep, but that didn’t stop the ATF and the U.S Attorney’s Office from prosecuting Mr. Wright and seeking to preclude the jurors from seeing or hearing of the determination letters, even though, the Government never once contended that Mr. Wright actually shouldered the cheek weld extension or utilized the angled foregrip.

So the DoJ is revising by practice their determination that the stabilizer braces aren’t an NFA item, or more correctly, the weapons to which they are attached are an SBR.  I’m not certain whether he had an angled foregrip or a vertical one, and it should make no difference.

Fortunately, this was an instance of jury nullification and Mr. Wright was found innocent.  But the cloak has been pulled back and you see the future.  It looks stupid.

Guns.com:

The Russian President on Thursday said the country was in dangerous times and needed to step up gun regulations for public safety.

While attending a ceremony to promote senior military officers and state prosecutors, Vladimir Putin said that the Rosgvard, the federal national guard service — a force established two years ago to combat terrorism and organized crime — will have to get tougher when it comes to guns.

“You must promptly suppress any violation of public order,” said the Russian strongman. “Please note that it is necessary to significantly improve gun control. I expect from you concrete proposals, including regarding the legal framework.”

Missing from the quote is the following: ” … just because I say so, because the state is god, and I am the state.”

Don’t miss the ideological connection between American gun controllers and Putin.  A communist is a communist and always favors control over others.  Can a leopard change its spots?

News from the Northwest:

A Gresham woman killed in a suspected cougar attack near Mount Hood suffered a broken neck and had more than a dozen puncture wounds to the nape of her neck, records released this week show.

Those injuries — as well as wounds on Diana Bober’s hands — “appeared to be consistent with an animal attack,” staff in the Clackamas County medical examiner’s office determined, according to a state police report.

The 5-page report doesn’t list an official cause of death for Bober, 55, and it’s unclear why it’s missing. Her death is the state’s first confirmed fatal wild cougar attack.

Wildlife officials later shot and killed a female cougar they believe mauled Bober, based on all available evidence.

The new details emerged in Oregon State Police documents obtained by The Oregonian/OregonLive through a public records request.

Searchers found Bober, an avid outdoorswoman, on Sept. 10 in the Mount Hood National Forest, three days after out-of-state relatives reported her missing. They said they hadn’t heard from her since Aug. 29.

Her body was discovered about 300 feet off the Hunchback Trail and down a steep incline, the state police report shows. The area was about a mile from the Zigzag Ranger Station, where searchers first found Bober’s car.

State officials said her wounds indicated a wild cougar was responsible.

A hunt for the mountain lion began almost immediately. Officials set up multiple cameras along the Hunchback Trail in the area where Bober was found.

Three days later, on Sept. 14, a trail camera captured an image of a large cougar, state police records show.

“This appears to be a big cat,” Sgt. Todd Hoodenpyl wrote to Capt. Jeff Samuels and Trooper Casey Codding at 9:51 a.m. that day.

About six hours later, search dogs treed the cougar off the Hunchback Trail and it was shot and killed, according to state police.

They’re not warm and cuddly and friendly.  If you backpack or hike or mountain bike like I do, going solo is a risk.  I usually take partners, but sometimes don’t.  If you don’t, watch your six.

Always carry weapons and be prepared to use them with quick-access gear.  And a dog can alert you to things you won’t hear or see.

This image says it all concerning the recent shooting in Pittsburgh.

At current count, there are eleven dead.

My oldest son Joshua text this: “None of the turnout gear, range time, gym time, or boot shining in the world is as good as the weapon you have with you.  The state cannot protect you.”

And Trump is calling for more armed guards.  Right.

Gryphon:

Look to see this Spread to common Military (Militia) Calibers next, to try and prevent sales of Cases or Cans of several Hundred to a Thousand Rounds, while maintaining Corporate ‘Profit’ by large price increases on Boxes of 20 Rounds.

Long past Time for everyone to have 10K+ Rounds for Each Gun they Own, as well as Distributed Storage of both.

Yea, it would be perfectly in line with the controllers’ plan as they stated, yes?  But I fear that if this plan fully obtains, 10K rounds won’t be nearly enough.

David Codrea:

The documents from the Advance America et al. v. Federal Deposit Insurance Corp. et al. lawsuit “show that top leadership at the [Federal Deposit Insurance Commission] held strong personal biases and began a ruthless targeted campaign against the small-dollar lending industry [and that] These industries include local small businesses like fireworks and firearms companies…”

It’s instructive at this point to review some of the documents, particularly this appendix, and do a “find” search for the term “firearm.”

Until the actors have all been charged and tried for treason, convicted accordingly and punished as traitors, the book on this is still very much open, and justice has not been served.

I wouldn’t expect either Trump or Sessions to even bring this up to the American people.  Because laws are for little people, and when America elects an administration, we all understand that we’re electing our own law breakers to break whatever law they wish with impunity.

For Obama, it was Fast and Furious, Operation Chokepoint, and a host of other things.  For Trump, it’s bump stocks.

CNBC:

A landmark class action settlement involving some of Remington’s most popular firearms has officially gone into effect, after critics of the agreement declined to take their case to the Supreme Court by a Tuesday deadline, according to an attorney for the plaintiffs.

That means that millions of owners of the iconic Model 700 rifle — and a dozen Remington models with similar designs — have 18 months to file claims for a free replacement of their guns’ allegedly defective triggers. The guns have been linked in lawsuits to dozens of accidental deaths and hundreds of serious injuries, though Remington still maintains they are safe.

“Anyone with one of these guns should take advantage of this opportunity to get the trigger fixed,” said Eric D. Holland, a lead attorney for the plaintiffs in the class action case. “I’ve encouraged everyone to put these guns away. Don’t use these guns. Make the claims now.”

A special website has been set up with information on how to file a claim, and there is also a toll-free hotline, 1-800-876-5940.

[ … ]

The effective date of the settlement comes almost exactly eight years after CNBC first explored allegations that Remington engaged in a decades-long coverup of a defect that allows the guns to fire without the trigger being pulled.

Remington said the guns have been safe since they were first produced. But the 2010 documentary “Remington Under Fire: A CNBC Investigation” uncovered internal company documents showing engineers warning of a “theoretical unsafe condition” even before the trigger design went on the market in 1948. The company repeatedly decided against modifying the design or launching a recall, even as accidents and customer complaints continued to pile up.

It’s more complicated than simply the rifle firing when the trigger isn’t pulled.  The rifle would discharge at times when the cartridge was sent into battery, and Remington engineers knew it and had data from their own testing that showed it.

How sad.  After all of the pain, suffering, money, lawyers and loss of reputation to the company, this is apparently the end.  All of it could have been avoided by simply doing a recall when the engineers found it.  The world is almost always a worse place when people don’t listen to engineers.

Prior: Remington 700

From a reader, see AR-15.com for the scoop.

I titled this with a question mark at the end.  It’s not clear, and there is conflicting information at the link, but it appears to be retailer-specific and not related to Federal.

If you have any more information please drop a comment. Either way, this isn’t a good way to win and keep customers.

Personally, I have a number of boxes of PD ammunition of different brands, but it occurs to me that John Basilone and his fellow Marines all shot ball ammunition and did just fine.  I believe that his storied battle involved a lot of action with his 1911.

News from Washington.

“I’ve lived in Tacoma for 20 years. We’re experiencing definitely more activity,” said Sierra.

[ … ]

Fish and Wildlife suggest if people run into an aggressive coyote, make yourself look big, put your hands in the air and throw things at the animal if they get aggressive.

How about shooting them?  Oh, I see, you can’t discharge a firearm within the city limits without being considered a criminal by the cops.  Well, maybe there’s the answer to the question, yes?