Archive for the 'BATFE' Category



Ketanji Brown Jackson: Big Dummy

BY Herschel Smith
2 weeks, 5 days ago

You’d think that at least her clerks would have prepared her better than this.

And here’s Justice Jackson: “And when, you know, ‘function’ is defined, it’s really not about the operation of the thing. It’s about what it can achieve, what it’s being used for. So I see Congress as putting function in this. The function of this trigger is to cause this kind of damage, 800 rounds a second or whatever.”

Not even the Navy’s Phalanx is capable of that rate of fire (4500 Rounds Per Minute).

Maybe there’s a quad gun that can approach that rate, but still, 4500 RPM × 4 = 18000, and 18000 RPM / 60 seconds per minutes = 300 RPM. So, I don’t know of anything that can accomplish 800 rounds per second.

Can you imagine trying to hold a gun on target at that rate of fire?

But hey, I want one!

Cargill Carnival

BY Herschel Smith
2 weeks, 5 days ago

Amazing.

Jerry Miculek is laughing.

Good Lord! So the FedGov is relying not just on the communists on the court, but the general stupidity as well.

Cargill Arguments Before The SCOTUS

BY Herschel Smith
2 weeks, 5 days ago

I listened to the arguments in Cargill before the SCOTUS for a few minutes. I’m out of time with this and cannot devote more to it. I’ll embed Mark Smith when he comes out with an analysis of it.

They’re focused on procedural issues, and nothing more. There is nothing in the arguments or even the attorney presentations dealing with the legality of the ATF just making up rules out of whole cloth.

Prediction: They will issue a ruling addressing the minutia of the procedural rules and punt this back down to the lower courts. They will avoid the issue entirely and thus free and exonerate themselves of holding anyone in the FedGov accountable.

Finally, the attorney for the plaintiff absolutely blew it. His presentation was awful, his speech stammering and stuttering, and he was slow on the responses, wasting time in his presentation.

And never forget. You have Trump to thank for this.

Supreme Court To Hear Bump Stock Ban Case

BY Herschel Smith
2 weeks, 6 days ago

I don’t know what the SCOTUS will do. I suspect the two “conservative” women on the court, Roberts and Barrett, will side with the FedGov. If that’s the case, then there’s pain ahead because the ATF will use this to reinterpret semi-automatic weapons as machine guns and demand registration, tax stamp, and ATF approval of all semiautomatic firearms, which is what they want anyway.

Oh, and never forget that you have Trump to thank for this. And also, never forget that the FBI wouldn’t let the ATF examine the weapons after Las Vegas and it was never demonstrated that Paddock used bump stocks.

Why the Cargill Case Will Be Bigger Than Bruen

BY Herschel Smith
3 weeks, 5 days ago

He makes a good case, but my question is why hasn’t the SCOTUS taken up one of the AWB cases yet? Are they still running from it like screaming little girls? That would be appropriate for Roberts and Barrett.

Regarding the bump stock ban, you have Trump to thank for that, along with the notion of making laws up by sitting in in the Oval office and telling the ATF what laws to make and the awful precedent that sets. Never forget that.

New Process for NFA Appeals

BY Herschel Smith
1 month, 3 weeks ago

Watch the entire video. First of all, Stephen is and friend and one of the best second amendment attorneys out there so we should show him some support. Through GOA and his own firm he has shown resilience and class in dealing with the FedGov, and has achieved a good degree of success in his cases.

Second, after this video, you might be interested in the second one.  A defining and signal characteristic of communist societies is that they hire incompetents and promote the lazy.  Communism isn’t just for the central bureaucracy.  It’s for the distributed bureaucracies too.

As long as you’re incompetent but support the status quo, as long as you don’t rock the rulers’ boat, and as long as you make income for the elitists, you’re welcome in the bureaucracy administrating a lack of justice to the peasants.  If you work for the government, you might be a peasant too, but you’re their peasant.

Stephen is a prime example.  He’s a good and hard working attorney. He could never work for the FedGov and be happy.

Bump Stock Case: ATF Admits To Supreme Court It Changed Definitions

BY Herschel Smith
3 months ago

So what? It won’t matter one whit. Scary, scary, scary … Pretty Boy Floyd, Al Capone, etc., scary, scary, scary, even more scary than the mass shooting at Waco and assassination at Ruby Ridge by Lon Horiuchi, or anything else the FedGov has perpetrated.

But that’s okay, because FedGov. It’s okay when they do it.

My prediction doesn’t change. The two “conservative” women on the court, Roberts and Barrett, side with the communists on this matter and overturn the Fifth Circuit. Barrett has been a huge, huge, huge disappointment, and you can blame Trump for her, as with so many other hundreds of things. In literally a once in a lifetime opportunity, we could have had Don Willett or James Ho. Instead, we got her. Thanks, Trump. And if Barrett is the sort of judge the Federalist Society is putting up and recommending, then what good are they? Stop listening to them.

She failed to enjoin the Illinois AWB, and for the record (I didn’t know this until a few days ago), she opposed taking the Dobbs case. I guess she would have been fine leaving Roe in place.

This is the Future the ATF Wants

BY Herschel Smith
3 months ago

It’s an interesting question – whether the AR pistol market can survive a ruling against the people.  He makes a good case that it can’t, and includes 300 BO in his assessment.  Leave comments below.

Presumably, killing the market is the goal of the ATF, nefarious outfit that they are.

ATF Insanity: New Rule Would Turn Ordinary Americans Into “Gun Dealers”

BY Herschel Smith
3 months, 1 week ago

Oh, I don’t think they’re insane.  They’re just communists and this is what communists do.  And lest you think that there must be some good people left in FedGov law enforcement, no, they’re all for this.  They will enforce this without so much as one ounce of remorse, as well as any other law, rule or regulation their superiors tell them to.  They have already sold their souls.

FFL Questions

BY Herschel Smith
4 months, 2 weeks ago

I initially read a Reddit/Firearms post on whether it’s important who spends the money on a firearm versus whose name is on the 4473.  Here is the thread.

I hope this isn’t a stupid question, I have payed for a gun as a gift for someone else, so can they fill out the 4473 as it is/going to be theirs?

ModestMarksman answers.

Yes you can. Anyone saying no doesn’t know what they are talking about.

Source : I have my FFL and SOT

The 4473 asks if you are the actual buyer OR transferee. If it’s a gift then they are the actual transferee.

When I read that I said out loud to myself, “That’s the right answer.”

In order more fully to explain this, he makes an updated discussion thread where he explains more.  This is that discussion thread.

FFLs don’t need to give one whit where the money comes from.  As long as they are transferring the firearm to the transferee on the Form 4473, it’s legal.

Now, just to remind everyone, all gun control laws are unconstitutional.  All of them, with no exceptions.


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