Archive for the 'Gun Control' Category



Supreme Court Sides With New York In Gun Rights Case

BY Herschel Smith
5 years ago

As well all expected.

The Supreme Court on Monday sidestepped issuing a major ruling on a New York handgun law, a blow to gun rights advocates and the Trump administration, who had hoped the conservative majority would expand gun rights as early as this term.

In an unsigned opinion, the court said on Monday that it sent the case back to the lower court because after the justices agreed to hear the dispute, the New York City law at issue was changed. The court directed a lower court to consider remaining claims from the challengers of the law.

Justices Samuel Alito, Neil Gorsuch and Clarence Thomas dissented.

Justice Brett Kavanaugh, on the other hand, said in a concurring opinion that while the court should sidestep the case at hand, he also agreed with the dissenters’ concerns that lower courts have been thumbing their noses at Supreme Court precedent on the 2nd Amendment and said the court should “address that issue soon.”

Brett Kavanaugh is just a scared little boy in man’s work.  There is also coverage at Ammoland here and here.  The later analysis at Ammoland is a bit too Pollyanna for my tastes.  The bottom line is that the court is comprised of six progressive justices, two reliable conservative/libertarian justices (Gorsuch and Thomas) and one conservative justice (but who will ordinarily side with police powers over individual rights).  The rest couldn’t care less about you.

Roberts is a Bushie.  He is just doing what Bush would have wanted him to do – Bush was ready to sign a new AWB except that he couldn’t get the Congress to go along with it.  Roberts can always be counted on to side with the progressives on heavy duty, important cases.

As I’ve said before, don’t expect the black robed tyrants to protect your God given rights and liberties.  I do agree with one commenter.

The court jesters ruled in Heller that the enumeration of the right removed it from government regulation and they still retain thousands of rules unlawfully infringing the right to this day in complete defiance of their ruling. This should be noted when they rule it means nothing, has no weight, no force. Clowns in gowns is all they are.

Heller and McDonald may as well have never been decided because they mean nothing.  They were weak anyway, but the counties, states, FedGov, and lower courts laugh that their decisions, daring them to make others like it.

Dogs show submission by peeing when they greet you, showing their belly, putting their tail between their legs, and lowering their head.  They get a sense of security knowing their rank.  The “Supremes” behaved like dogs.

Is An AR-15 Now A Machine Gun In Nevada?

BY Herschel Smith
5 years ago

TTAG.

The defendants in Parsons v. Colt et al. asked a federal district court to dismiss the lawsuit. On April 10, 2020, US District Court judge Andrew P. Gordon (Obama appointee) refused to dismiss the plaintiffs’ wrongful death claim. The case will now move forward in Nevada state courts.

Gordon used a set of lies regarding the design and history of the AR platform to rationalize his finding that the manufacturers somehow knew they were making arms that could easily be converted to machineguns, despite the fact that even the ATF claimed otherwise, until they changed their pseudo-minds in late 2017 (and didn’t make it retroactively official until 2019).

Carl then cites from the ruling, made by an Obama-appointed judge.

26 U.S.C. § 5845. Nevada’s definition of “machine gun” mirrors the federal definition. NRS § 202.253. The ATF has defined “designed to shoot” to include “those weapons which have not previously functioned as machineguns but possess design features which facilitate full automatic fire by simple modification or elimination of existing component parts.” ATF Ruling 82-2.

I read the judgment.  It’s as bad as Carl is suggesting in one way, but not in another.  First, the good news.  This isn’t a ruling that is determinative for Nevada.  He is only referring this to the Nevada supreme court.  See the final two pages of the ruling.

Now for the bad news.  If this indeed goes against the plaintiffs, that’s big trouble.  It might not be so in states other than Nevada (can you imagine this happening in Idaho or Texas?), but this is a wrongful death lawsuit, and it could cost big.

The suit is against Daniel Defense (and other manufacturers) and Sportsman’s Warehouse.  What happens now if you want to buy a Daniel Defense rifle?

The cost goes up due to [a] legal expenses, and [b] awards.  That’s the whole intent behind this.

Low Hanging Fruits And Nuts

BY Herschel Smith
5 years ago

Ammoland.

The court granted the City’s petition. The court acknowledged that Lori could legally “walk . . . into any gun store and qualify to buy a handgun . . . and put [it] in that gun safe.” But it held that the City was nevertheless authorized to take the “low hanging fruit” of the guns the Rodriguezes already owned, irrespective of Lori’s ability to buy more, because of the danger that Edward presented. Stating that it was not “ignoring [Lori’s] Constitutional Rights,” the court concluded that it was not appropriate to return the firearms given the public safety concerns at stake.

Ah, those “low hanging fruit” guns.

The only thing low hanging about this is the moral compass of the fruits and nuts who made this decision.

Below The Radar: HR 6110 – The Defective Firearms Protection Act

BY Herschel Smith
5 years ago

Ammoland.

This is why HR 6110, The Defective Firearms Protection Act, introduced by Representative Debbie Dingell, should be a very big deal. This very short bill, two pages long in its official form. It has two very short sections and counting the labeling of the section titles, it is all of 79 words long.

But these 79 words mark a monumental shift in power from elected officials that the American people can hold accountable to the administrative state, with grave implications for the ability of Americans to exercise their Second Amendment rights. It’s not what the law puts in place, it’s the restriction that it lifts which Second Amendment supporters should worry about.

Under 15 USC 2052, firearms of all types are not considered consumer products, and under 15 USC 2079, firearms are generally excluded from the jurisdiction of the Consumer Product Safety Commission.

According to a release from Representative Dingell’s office, HR 6110 will give the Consumer Product Safety Commission power over our Second Amendment rights.

“Because the Consumer Product Safety Commission lacks the authority to recall firearms, faulty guns remain on the market and pose a risk to public and household safety,” said Dingell in the release. She went on to press the nonsense claim that more is done to regulate products like highchairs and bicycles than firearms.

[ … ]

Imagine the CPSC telling Rock River Arms to stop making all of their modern multi-purpose semi-automatic firearms. The company would have to comply or face civil and criminal penalties. Litigation would also be much more difficult that in challenging a law.

I know folks at RRA and I don’t want them or anyone to have to go through this.  The controllers never sleep.  We can’t either.  Oppose it by all means necessary.

3D Printed Gun Plans On The Internet

BY Herschel Smith
5 years ago

Ellen Rosenblum.

Dear Ellen,

I don’t think you understand how this works.  You use these words, but I don’t think you really understand what they mean.  You can’t just “remove” things from the internet.  It’s available, and everyone who currently wants the files, has the files.  If someone finds themselves wanting them in the future, they can find them at numerous places.

It’s sort of like when George Soros tried to get video of his interview off of YouTube with him telling stories of how he worked with the Nazis to round up Jews, and had no remorse for it.  Even Soros’s money and Google’s power couldn’t remove the videos.  Every time Google would remove one, users would add two more, and so on, until Google eventually gave up.  Just go to YouTube and search for “george soros helped nazis round up jews.”

You see?

Gun Grabber Desperation Showing As More Americans Buy Firearms

BY Herschel Smith
5 years ago

David Codrea.

“There is no constitutional right to immediately buy or sell guns,” Brady Campaign President Kris Brown whined to NBC News, where it was dutifully picked up by other megaphone wielders like the UK’s BBC for global consumption. “And there certainly is no right to spread coronavirus while buying or selling guns.”

That last part is just a clumsy red herring coupled with a clumsier insult intended to appeal to useful idiot ignorance and gin up their contempt – hardly a feat for those whose very existence screams “mob mentality.” As for Brown’s first contention, stated properly, there’s no constitutional authority to infringe on the right of the people to keep and bear arms, and a right delayed, as Martin Luther King observed, is a right denied. Given her druthers, gun stores necessary to “the security of a free State” would remain shuttered not just indefinitely, but forever.

The entire objection is one that is possible only because of prior and current infringements.  The prior infringement is one of NICS and the necessity that the FedGov stay open for business in order to purchase a firearm from an FFL.

The current infringement is the seemingly ubiquitous executive orders by governors that businesses and churches shutter their places just because the state says so.

Without those two infringements, the entire complaint never never have even been pondered.  It’s all based on false premises.

But We Didn’t Vote For These Laws!

BY Herschel Smith
5 years ago

Via WiscoDave, news from communist controlled California.

More than a dozen of these buyers (men and women) actually thought that since they filled out and signed everything, they could just walk out and go home with the firearm. Several actually said they saw how easy it was to buy a gun on TV and why did they have to fill out all these forms.

The majority of these first timers lost their minds when we went through the Ammo Law requirements. Most used language not normally heard, even in a gun range. We pointed out that since no one working here voted for these laws, then maybe they might know someone who did. And, maybe they should go back and talk to those people and tell them to re-think their position on firearms – we were trying to be nice.

Most were VERY vocal about why it takes 10 days minimum (sometimes longer if the DOJ is backed up) to take their property home with them. They ask why do I need to wait 10 days if I need the protection today or tomorrow? We pointed out again that no one working here voted in support of that law.

They really went crazy when we told them that for each firearm they had to do the same amount of paperwork and they could only purchase ONE handgun every 30 days. Again, we didn’t [vote] for that law.

We had people cuss at us and stomp out when we explained that secondary identification had to be part of the paperwork, as they felt insulted that what they had wasn’t good enough. We have a number of Yelp reviews calling us names and other things about how bad we are because of this whole new buyer rush.

Maybe you should stop watching television and actually learn something about how all of this works, and decide whether, just maybe, this all infringes on God-given rights.

You see, there’s a word for people who think all of these controls should inhibit my ability to purchase firearms, but not yours.

Virginia Gun Control Bills Signed Into Law

BY Herschel Smith
5 years ago

News from Virginia.

The bills signed by the governor on Friday are:

• Senate Bill 70 and House Bill 2, which establish universal background checks in Virginia
• Senate Bill 240 and House Bill 674, which establish an Extreme Risk Protective Order, allowing authorities to temporarily take guns away from people deemed to be dangerous to themselves or others
• Senate Bill 69 and House Bill 812, which reinstate Virginia’s one-handgun-a-month law
• House Bill 9, which requires gun owners to report their lost or stolen firearms to law enforcement within 48 hours or face a civil penalty.
• House Bill 1083, which toughens the penalty for leaving a loaded, unsecured firearm in a reckless manner that endangers a child

The AWB failing to pass is a small victory, as they could never have confiscated them.  The UBC and red flag law are extremely damaging to God-given rights.

Mark this one as a win for the controllers in spite of the gun rights rally in Richmond.  The VCDL did their best.  The NRA completely failed to engage because they are a gun control organization.

I Thought Georgia And South Carolina Were Gun Friendly States?

BY Herschel Smith
5 years, 1 month ago

Mark Walters writing at Ammoland.

March 17, 2020, GeorgiaCarry.Org was informed that the Probate Courts across the state of Georgia would temporarily suspend acceptance of applications for Georgia Weapons Carry Licenses and the renewal of Georgia Weapons Carry Licenses pursuant to an order of the Supreme Court of GA declaring a Judicial Emergency.

So now you get the idea. Georgia requires its law-abiding citizens to have a Weapons Carry License, which is issued by your respective county probate court. As of March 14, 2020, the probate courts have suspended most operations, including weapons licensing. That emergency order has now been extended by Governor Kemp to at least May 13, 2020, as of Tuesday, April 7, 2020. Because Georgia does not provide for the option of openly carrying a sidearm without that weapons carry license, well pardner, you’re just plain old s**t out of luck.

The Governor has been asked by Georgia Carry to suspend the licensing and renewal requirements during the health emergency. He has responded that his office is looking into the legality of such a move but has not been heard from since.

[ … ]

The bottom line? The permitting scheme has outlived its usefulness. It’s time to move on. I shouldn’t need a stinking permit to carry a gun in the first place, and if this whole debacle doesn’t scream why constitutional carry should be the law of the land, nothing does.

Similar to South Carolina, governor McMaster has said he supports constitutional carry, but for some odd reason, it never makes it out of committee.

Oh, and by the way, the only “usefulness” to a permitting scheme for a God-given right is to serve the evil one.

Gun Ownership As A Solution

BY Herschel Smith
5 years, 1 month ago

Media Matters.

In a March 16 Ammoland post, David Codrea imagined the food supply dwindling during this pandemic before telling his readers the government is “utterly incapable of protecting them.” Articles in Breitbart and The Truth About Guns made similar points, saying that Americans realize “their safety, and their family’s safety, is in their own hands” and that “those vying to run the government vow to take that ability away,” all in a thinly veiled effort to encourage gun purchases.

Hey, why don’t you cite these pages, Cydney?  The encouragement to buy guns isn’t thinly veiled (actually, it isn’t either at DC’s place, so the prose makes no sense).

In other news, there are meat logistics problems.

A Tyson-owned meat processing plant that churns out 2% of the US pork supply ground to a halt this week as workers became infected with Covid-19.

And that wasn’t the only meatpacking plant impacted by the spread of the novel coronavirus. JBS USA on March 31 said it hit pause on much of its work at a beef facility in Souderton, Pennsylvania and wouldn’t have it back online until mid-April. National Beef Packing on April 2 temporarily stopped slaughtering cattle at one of its plants in Tama, Iowa after a worker tested positive for the virus.

Plant closures are emblematic of a larger issue across the US food system, as farms and companies work to weather the storm of Covid-19. The health and safety of workers is paramount if food chains are to continue running smoothly—and workers’ perceived safety appears to vary across the industry.

In Greeley, Colorado, at least 830 JBS employees didn’t show up for work on March 30 after several employees tested positive for the virus.

Vegetables and grains are also problematic coming up soon, especially with flooding in the midwest.

Hey Cydney!  If looters start breaking into your home because they’re starving, you gonna give them your grub?  What if they want more than your grub?  How are you going to defend yourself?  The cops are 15 minutes away.


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