9th Circuit Agrees With San Francisco

The Ninth Circuit agreed with the city of San Francisco yesterday saying local ordinances requiring firearms in the home must be either on the person or locked up. They also allowed San Francisco’s ban on the purchase but not possession of hollow point bullets to stand.

This panel of judges was decidedly not as friendly to the Second Amendment as the panel that decided Peruta, Richards, and Baker. The unanimous decision was written by Judge Sandra Ikuta who is a George W. Bush appointee.

Professor Eugene Volokh has his analysis of Jackson et al v. City and County of San Francisco here. He is rather skeptical of their decision and concludes:

As I’ve argued before (and in detail in pp. 1454-61 of Implementing the Right to Keep and Bear Arms for Self-Defense), I think the right to keep and bear arms has long been understood throughout American history as allowing various kinds of regulations that don’t substantially interfere with self-defense. That is also compatible with how many other rights are treated (setting aside equality rights, such as the Equal Protection Clause ban on race discrimination, or the First Amendment bans on religious discrimination or discrimination based on the content of speech). So the hollow-point ban may well be properly seen as constitutional, though I think it’s a bad idea. But I’m skeptical of the court’s conclusion that the locked-storage-when-not-carrying requirement is constitutional.

Comment Of The Day

The comment of the day comes from Jim Shepherd of The Shooting Wire. He reviews the scathing decision by US District Court Judge John D. Bates in which he found that BATFE had erred in classifying Innovator Enterprises’ muzzle brake as a silencer.

Jim ends with this:

Using Judge Bates’ comparative critique of the flawed-logic used by the agency in its decision, you could draw the conclusion that possessing three characteristics of a competent police officer (a badge, gun, and arrest powers) wouldn’t qualify an individual (or group of similar individuals) to mount complicated investigations where a scrupulous attention to detail, an adherence to the rule of law, or an unswerving dedication to public safety during those investigations were essentials.

Maybe it’s just me, but this ruling makes another compelling argument that ATF is an agency in need of a top-to-bottom overhaul.

I think you’d find many rank and file BATFE agents in agreement with Jim’s conclusion.

You can read Judge Bate’s decision here.

The Anti-Anti-Gun Buyback

In some areas of the country, police departments conduct gun buybacks in the mistaken belief that it will “take guns off the streets”. The reality is that it allows people to dump old clunkers as well as allow criminals to ditch hot guns without a question.

In a refreshing turn of events, the Jefferson County Sheriff’s Department in Pine Bluff, Arkansas just had a gun auction that raised over $125,000 for the Sheriff’s Department and the Tri-County Drug Task Force. The auction was held in accordance with Arkansas law (A.C.A. § 5-5-101) that mandates the public auction of seized weapons and contraband by the law enforcement agency.

Courtesy of the Jefferson County Sheriff’s Department

This was the first auction that the Sheriff’s Department held since 2005 when they only netted about $15,000 in proceeds. This auction was the largest auction in the county’s history.

Approximately 600 people from across the state attended the auction with 380 registered bidders. Approximately 204 checks were processed through the NICS. However, 6 individuals hoping to leave with a firearm were disappointed after receiving 3-day delayed notices and one (1) individual was denied approval to purchase firearms by the ATF.


Each gun auctioned went to the highest bidder. The highest bid at of $2,375.00 was for a Winchester .38 WCF L.A. Rifle and the lowest bid was $5.00 for a Marksman 177 Caliber BB Pistol.

I like this quote from the JCSD’s press release: “Today’s auction provided citizens an informative, secure, and safe way to buy firearms at a bargain.”

I think this is a sheriff that get’s it.

Oh, Jeez!

Today’s college students must be protected from everything it seems except reality. That is why university administrators are so adamant about keeping their campuses gun-free zones.

Now it seems that being gun-free is not enough.

I received an email this afternoon from the local university where I teach warning me not to be alarmed if I heard gun-shots. And what, pray tell, would be causing those gun-shots?

A military funeral with the customary 21-gun salute.

From the email:

Students, Staff, and Faculty

There will be funeral with full military honors at the Cullowhee Baptist Church today, March 22, between 3:30pm and 5:00pm. Please be aware the funeral will include a 21-gun salute using blanks. If you are on/near Campus or the Baptist Church, you will hear what sounds like gunshots. Please share the information with others that may not have access to email so they are not alarmed.
Thank you,

Perhaps the bugler playing Taps after the three volleys might have been a giveaway to anyone hearing the gun-shots but I guess that would have been too logical to assume.

NSSF Fires Back At Feinstein’s New Anti-Gun Jihad

Sen. Dianne Feinstein has launched a new effort in her anti-gun jihad. She is circulating a letter among her fellow senators to get them to urge President Obama to issue an executive order banning the importation of any semi-automatic rifle that has or could possibly be converted to have a capacity of 10 rounds or more. Sebastian wonders if her goal is to have the Democrats lose control of the Senate.

The National Shooting Sports Foundation has fired back at her anti-gun jihad and urges people to call their senators to tell them not to sign the letter. I can be reasonably sure that one of my senators – Richard Burr (R-NC) – is not being asked to sign the letter. I can also be reasonably sure that the other senator – Kay Hagan (D-NC) – would be a fool to sign it. That being said, you can never assume that when it comes to guns that a Democrat won’t act like a fool.

From NSSF:

Call your Senators!
Tell them Not to Sign On to Senator Dianne Feinstein’s Attempt to Ban Imports of Many Semi-Automatic Rifles

She’s back! Roundly defeated legislatively and procedurally on the Senate floor a year ago, Dianne Feinstein, the U.S. Senate’s leading foe of Americans exercising their Second Amendment rights, is resuming her jihad against semi-automatic modern sporting rifles using a different tactic.

This time, the California Democrat is asking her fellow U.S. Senators to sign on to a letter to President Obama asking him to direct the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) to ban the importation of what she calls “assault weapons” and “military-style rifles” that are not “generally recognized as particularly suitable for or readily adaptable to sporting purposes.”

If that sounds like nonsense, it’s because it is nonsense. Here’s some more of her flawed reasoning:

“In 1998, the Department of the Treasury — which then housed ATF — issued guidance that interpreted the import ban to prohibit only semi-automatic rifles that use magazines originally designed for a military rifle. Many semi-automatic firearms on the market today do not have a military origin but are modeled closely after military firearms. These military-style firearms are not prohibited under the current import ban, even though they are functionally equivalent to prohibited rifles with a military origin. In addition, the Treasury Department’s 1998 guidance allows foreign-made firearms to be imported into the United States without military features, even though these firearms have the capacity to fire multiple times in quick succession without the need to reload and can easily have military features attached.”

Sen. Feinstein’s intent is clear. Again she is pursuing “banning” firearms because of their characteristics and not focusing her effort on the criminals who misuse firearms. What does she want President Obama, acting through ATF to do? Here’s what (her words):

  • “Prohibit importation of all semi-automatic rifles that can accept, or be readily converted to accept, a large capacity ammunition magazine of more than 10 rounds, regardless of the military pedigree of the firearm or the configuration of the firearm’s magazine well;


  • Prohibit semi-automatic rifles with fixed magazines with a capacity of more than 10 rounds;

  • Prohibit the importation of the frame or receiver of any prohibited rifle, regardless of whether it is incorporated into a fully manufactured firearm.

  • Prohibit the practice of importing assault rifles in parts and then constructing the rifles once they are in the United States by adding the requisite number of American-made parts;

  • Prohibit the use of a “thumbhole” stock as a means to avoid classification of a rifle as an assault rifle; and

  • Prohibit the importation of assault pistols, in addition to assault rifles.”

That would be a lot of semi-automatic rifles! This effort must be stopped short! Why should law-abiding citizens have their rights curtailed by an anti-gun Senator’s effort to convince other senators to join her jihad?

Call both your Senators today (Capitol switchboard: 202-224-3121) and tell them NOT to sign on to this letter!

An Armed Barista Is A Safe Barista

JitterzJava in North Spokane, Washington was robbed three times last month. Owner Sara Chapel said enough is enough and has begun encouraging her employees to be armed at work.

Security footage from the latest robbery attempt Sunday night shows a suspect holding what looks like a weapon trying to enter the shop through the drive-thru window. The employee was able to put down a block to stop the entry and grab her gun, but by then the suspect left. Chapel is making sure her employees can defend themselves if it happens again.

“A couple of them bring handguns every day, no matter what shift it is. There is always a gun here now,” she said.

Ms. Chapel also makes sure there is a firearm present at the coffee shop at all times. Many of her employees have their Washington State carry permits.

Local police have no problem with the employees of JitterzJava being armed so long as they are 18 years old and have a clean criminal record.

Owners such as Sara Chapel should be applauded for being concerned enough about their employees to encourage them to take their self-defense seriously.

H/T Polite Society Podcast

Florida HB 49 – Threat Of Force Bill

Florida Carry sent out an alert this evening regarding House Bill 49 – Threat of Force. This bill will protect citizens from being threatened with 10-20 year sentences when they use the mere threat of force to protect themselves. Overzealous prosecutors like the utterly despicable State Attorney Angela Corey of Jacksonville have been using an existing law to charge those who display (or brandish) a firearm in self-defense with aggravated assault.

More on this from Florida Carry:


HB 89 meets House floor vote tomorrow! We need your immediate help to ensure it passes!

House Bill 89 – Threat of Force sponsored by Rep. Neil Combee meets the entire House for a floor vote tomorrow, Wednesday, March 19th. The passage of this bill is absolutely crucial to protect law-abiding citizens who use the threat of deadly force in self-defense from being coerced into accepting a plea deal to avoid a lengthy sentence under 10-20-Life.

The 10-20-Life mandatory minimums law was enacted with the sole purpose of toughening punishment of violent criminals who use firearms during the commission of crimes, thus keeping them off the streets for a longer time. Recently however, overzealous prosecutors have figured out they could use the law to threaten people who displayed a firearm in self-defense, by charging them with aggravated assault, conviction on which would be a felony and subject to 10-20-Life.

Some of today’s legislators voted on the 10-20-Life bill, and they say it was NEVER intended to be used in this manner. It has been said that it is legally less dangerous to pull the trigger on an assailant than it is to simply display a firearm to scare them off. HB 89 protects those who display a firearm in self-defense. Please help us put an end to the persecution of law-abiding citizens at the hands of unscrupulous states attorneys and activist judges.

Florida Carry has the email addresses of the entire Florida House of Representatives here. Just cut an paste them into the “To” line of your email program.

They are asking people to send an email encouraging a yes vote on HB 89. To make it more effective, please use your own words and include this in the subject line: Vote yes on HB 89!

Ruger Recalls Some American Rimfire Rifles

Ruger has announced a safety recall of some of their American Rimfire rifles in .17 HMR and .22 WMRF (Magnum) manufactured between November 17, 2013 and January 8, 2014. The recall is due to the lack of a hole that vents gas in case of an obstruction or case rupture.

From Ruger:

WHY ARE YOU RECALLING THESE RIFLES
We have determined that Ruger American Rimfire™ rifles chambered in .22 WMRF (Magnum) and .17 HMR manufactured between November 17, 2013 and January 8, 2014 were manufactured without a vent hole. This hole appears just below and behind the serial number on the left-hand side of the receiver. The hole does not serve any function during normal operation of the rifle, but is a safety feature and may help vent gas in the event of a problem such as a ruptured case head or bore obstruction, for example. We want to recall the rifles and add the vent hole.

How to determine if your rifle needs the retrofit
First, only Ruger American Rimfire™ rifles chambered in .22 WMRF (Magnum) and .17 HMR within the serial number range 830-34831 to 830-43880 are subject to the recall. If your rifle is chambered in .22 LR or falls outside of this serial number range, it is not subject to the recall. If you do have an Ruger American Rimfire™ rifle chambered in .22 WMRF (Magnum) or .17 HMR, you need only examine the left side of the receiver, just below and behind the serial number. If there is a hole there (Figure 1), then you do not need to return the rifle. If there is no hole (Figure 2), then the rifle should be returned.

For instructions on how to return a rifle without the vent hole, go to this Ruger webpage.

H/T Old NFO at The Gun Blog Black List

Legal Comment Of The Day

If anyone wonders about the level of firearms ignorance contained within the Obama Administration, read this paragraph filed as part of the legal proceeding against Ares Armor. It is from the US Attorney for the Southern District of California Laura Duffy and AUSA Daniel Butcher.

The United States Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) is conducting a lawful criminal investigation of the illegal manufacture, distribution, sale, and possession of AK-15 variant lower receivers, which are considered firearms under the Firearms Control Act, 18 U.S.C. § 921(a)(3).

Now I knew the AK-12 had been developed as the latest iteration of the AK-47 but hadn’t heard anything about a AK-15. I wonder if even the Russians know about the AK-15. If not, maybe the US Attorney’s Office in San Diego could tell them about it.

David Codrea has much more about the BATFE battle with Ares Armor here and here. Bob Owens at Bearing Arms has a whole series of videos taken of the raid that took place on Friday despite the existence of a restraining order against the BATFE.