Proud Gabby – With Apologies To John Fogarty

I’m reading yet another email asking for money from Americans for Responsible Solutions. They are criticizing the NRA for being respectfully quiet following the Las Vegas mass casualty event. As I continued to read, a jingle started playing in my head to the tune of Creedence Clearwater Revival’s Proud Mary. All I could hear was “rollin’ in the blood”.

This led me to rewrite a bit of the first few stanzas of Proud Mary.

Left a good job in the Congress
Workin’ for the Left ev’ry night and day
And I never lost one minute of sleepin’
Worryin’ ’bout the way things should have been


Big money keep on commin’
Proud Gabby keep on beggin’
Rollin’, rollin’, rollin’ in the blood


Cleared a lot of checks in the District
Pumped a lot of hands down in Tucson
But I never saw the good side of the city
‘Til I hitched a ride as the anti-gun queen


Big money keep on commin’
Proud Gabby keep on beggin’
Rollin’, rollin’, rollin’ in the blood

 This is probably not the most respectful thing to say about a former member of Congress and I am truly sorry that she got shot by a mentally disturbed young man who had passed all background checks. Nonetheless, I get sick and tired of how the gun prohibitionists roll in the blood of the victims before the blood is even dry.

Sharks And Bottom Feeders – Brady Center And Las Vegas Law Firm File Class Action Suit

Sharks are always attracted to blood and bottom feeders exist to scavenge the remains.

Today, little more Friday, less than a week after the Las Vegas mass casualty event, the Brady Center’s Legal Action Project in conjunction with Las Vegas class action law firm Eglet Prince plan to file suit in Clark County District Court against Slide Fire Solutions, LP, and other manufacturers and sellers of bump fire stocks. The case is being filed on behalf of everyone who attended the Route 91 Harvest Festival concert on October 1st. The suit will ask for both compensatory damages for the cost of counseling for emotional distress and for punitive damages.

From the joint press release, in part:

LAS VEGAS – October 10, 2017. A class action lawsuit was filed in the District Court of Clark County Nevada on behalf of victims of the deadliest mass shooting in American history that took place on October 1, at the Route 91 Harvest Festival. The suit, filed by Las Vegas law firm Eglet Prince and the Brady Center to Prevent Gun Violence, is against Slide Fire Solutions, LP and the sellers, manufacturers and marketers of “bump stock” devices which convert semi-automatic weapons to the functional equivalent of a machine gun.

This case is on behalf of all the festival goers who suffered emotional distress as a result of the shooting. The lawsuit asks the defendants to pay for the costs associated with counseling and other treatment for emotional distress. The lawsuit also asks the court to award punitive damages. The lawsuit alleges that such damages are appropriate for defendants who provided a product that turned a semi-automatic gun into the functional equivalent of a machine gun, thereby evading longstanding federal law.

The lawsuit asserts that Slide Fire Solutions, LP was negligent in developing and marketing “bump stocks” to the general public without any reasonable restrictions, thereby subverting federal law that has highly regulated machine guns for over 80 years. According to the Complaint, “this horrific assault would not and could not have occurred, with a conventional handgun, rifle, or shotgun, of the sort used by law-abiding responsible gun owners for hunting or self-defense.” The complaint goes on to allege that the damage caused to the plaintiffs, “resulted from the military-style arsenal that the defendants manufactured, marketed, and sold to the public, without any reasonable measures or safeguards.”

Representing the Plaintiffs are Robert Eglet, Robert Adams, Aaron Ford, and Erica Entsminger of the Eglet Prince law firm, and Jonathan Lowy, of the Brady Center to Prevent Gun Violence. Brady Campaign & Center Co-Presidents, Kristin Brown and Avery Gardiner, released a statement regarding the impact of this case:

The people who attended the concert have suffered so much already. The physical injuries are staggering, and we know the emotional injuries can be equally severe and long term. Brady has decades of experience supporting the victims of gun violence and has been the only organization in the nation focused on seeking justice for them in the courts.


The announcement was made at a press conference on Tuesday, October 10th at 10:30 am PST by Robert T. Eglet of Eglet Prince and Jonathan Lowy, Vice President, Litigation of the Brady Center. The event was held at the law offices of Eglet Prince 400 South Seventh Street, Suite 400 in Las Vegas.

Beyond the obvious gun control political overtones of this case, Eglet Prince attorney Aaron Ford is also the Majority Leader of the Nevada State Senate. His campaign finance reports don’t indicate any direct contribution from either Michael Bloomberg or Everytown. However, Everytown and their PAC did contribute over $600,000 to the Nevada Democratic Party. The Eglet Prince law firm itself is a big donor to both Democrats and to the trial lawyers’ PAC “Citizens for Justice”.

The question is whether this case can go forward given the Protection of Legal Commerce in Arms Act. The Firearm Blog covered this in relationship to Gunbroker.com’s decision to not allow any further sales of bump fire stocks on their website. Gunbroker.com asserts that the PLCAA doesn’t cover the stocks. However, James Reeves who is an attorney and who writes for The Firearm Blog asserts the PLCAA does cover bump fire stocks but it is very questionable whether private sellers would be protected.

Is a bump fire stock a firearm product? While the courts will have to make the final determination, I’m going to side with those who hold that it is covered by the PLCAA.

If bump fire stocks are found to be covered by the PLCAA, then this case should either be moved immediately to US District Court or dismissed immediately. One would hope that the US Justice Department would file a motion in Clark County District Court asking that the case be moved to US District Court. Given the infestation of DOJ by the “deep state”, I’m taking a wait and see attitude on that. In the meantime, we need to keep a watch on this and similar lawsuits.

The full 30-page complaint can be found here.

UPDATE: According to stories in both the Las Vegas Sun and the Las Vegas Review-Journal, the class action lawsuit was actually filed on Friday, October 7th.

Avery Gardiner, co-president of the Brady Campaign, was quoted saying she does not think the PLCAA applies.

Avery W. Gardiner, co-president of the Brady center and the gun control group’s former chief legal officer, said she doesn’t believe PLCAA will protect bump stock manufacturers. “PLCAA covers firearms and ammunition,” she said. “A bump stock is not a firearm and it is not ammunition. It does not qualify for immunity. I would be surprised if the defendants didn’t try to make a PLCAA argument, but they will not win.” Gardiner cited the 2010 letter sent by the ATF, which specifically states that the bump stock “is a firearm part and is not regulated as a firearm.”

That is an argument that is being made in the press who don’t know the law but I doubt will be made in court. Under 15 U.S. Code § 7903 (4), a qualified product under the PLCAA includes “a component part of a firearm or ammunition.” It can be reasonably argued that a stock – even a bump fire stock – is a component part of a rifle or carbine. Furthermore, Slide Fire Solutions LP and its founder, Jim Cottle, would qualify as a manufacturer and dealer respectively. Slide Fire Solutions LP holds a 07 manufacturer’s FFL and Mr. Cottle a 01 dealer FFL. Both are protected classes under the PLCAA.

NSSF/SAAMI Joint Statement On Las Vegas Tragedy (And Bump Fire Stocks)

The National Shooting Sports Federation and the Sporting Arms and Ammunition Manufacturers’ Institute seem to be taking the same approach as the NRA on bump fire stocks: have the BATFE evaluate them under the existing law. All three groups are intent on keeping Congress out of this fight for the time being. They would prefer to have an agency regulation on the stocks than to have new legislation which would most likely go much further. Feinstein’s S.1916 would certainly do that.

The joint statement is below:

Our thoughts and prayers continue to be with the families and loved ones of all those killed and injured in the criminal attack in Las Vegas. The manufacture, distribution and sale of automatic firearms and their components has been stringently regulated by federal laws since 1934. We believe the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) should interpret and enforce existing laws and regulations. We call upon ATF to conduct a prompt review and evaluation of aftermarket trigger activation devices such as bump stocks to determine whether they are lawful to install and use on a firearm under the National Firearms Act of 1934 (NFA), or whether, if they have no function or purpose other than to convert a conventional firearm into an automatic firearm, they are regulated items under the NFA. We urge Congress to allow ATF to complete its review before considering any legislation so that any policy decisions can be informed by the facts and ATF’s analysis.

GRNC Urges NC Gun Owners To Contact Burr, Tillis, and McConnell

I spent part of Saturday morning working the Grass Roots North Carolina booth at the Asheville Gun and Knife Show. Paul Valone, President of GRNC, was also helping out at the booth and we had a chance to chat. He told me we needed to put pressure on Senators Richard Burr (R-NC) and Thom Tillis (R-NC) over Sen. Dianne Feinstein’s moves to outlaw bump fire stocks. Paul said it was only a first step for Feinstein and having read her bill I agree. The bill itself contains what I consider a Trojan Horse as it would outlaw anything that accelerated a semi-automatic rifle.

The alert that Paul alluded to in our conversation was released late this afternoon. It asks gun rights supporters to call and email Senators Burr and Tillis as well as Majority Leader Mitch McConnell regarding Feinstein’s ban bill.

The alert is below:

Do you want Washington deciding what should or shouldn’t be your next gun
accessory?




While
our nation continues
to mourn the senseless tragedy in Las Vegas, lawmakers in Washington are
rushing to fix (i.e. exploit) an issue they barely understand. Senator
Dianne Feinstein (D-California) is reportedly proposing legislation that
will eliminate all after-market devices which increase the firing rate
of
legal guns. Of course, this would ban the now infamous “bump stocks”.
But, it would also make illegal many other accessories, such as
systems that enthusiasts use to make semi-automatic versions of belt-fed
machine guns.

Even more troubling, this proposal would NOT grandfather
any of these devices. This would potentially have the chilling effect
of making tens of thousands of otherwise law-abiding citizens, criminals
overnight — just for owning the “wrong” accessory.

If
this dangerous proposal were to become law, nobody knows how far the
government
would go to make sure millions of gun owners have only the “politically
correct” accessories. Nancy Pelosi (D-CA) has even said that
she “certainly hopes” this is will be a slippery slope to more gun
control. This is so much more than a Second Amendment issue — this is
an
attack on our right to own private property, a freedom enshrined in the
Fifth Amendment.

IMMEDIATE ACTION
REQUIRED!


  • Call AND email North Carolina
    Senators Tillis and Burr, and Senate Majority Leader Mitch McConnell’s office:
    Let them know that as a well-informed voting citizen you refuse to stand idly by while
    Congress debates how to strip millions of law-abiding Americans of their private property rights.
  • Contact
    the NRA:
    Call them (at
    800-672-3888) and email them
    and
    tell them to grow a spine. Make it clear you will not hesitate to resign
    your membership unless they ramp up the fight to protect our
    fundamental
    freedoms.
  • Donate to GRNC: As an all-volunteer grassroots
    organization, we work hard to protect our American liberties. It takes a
    lot of
    resources to fight this rising tide of hysteria and disinformation, and
    every little bit helps to keep the torch of liberty burning. Please click here or go to
    https://www.grnc.org/join-grnc/contribute.
CONTACT INFO
Senator
Richard Burr: email link,
202-224-3154
Senator Thom Tillis: email link, 202-224-6342

Senate Majority Leader Mitch McConnell: 202-224-2541

DELIVER THIS MESSAGE


Suggested Subject: “Oppose the Feinstein Gun Ban”  
Dear Senator:

I understand that
California Senator Dianne Feinstein is currently proposing legislation
that
would ban all devices that increase the firing rate of legally owned
firearms. This would have the chilling effect of turning tens of
thousands of
otherwise law-abiding citizens into criminals. It would also strip them
of their private property rights, a right enshrined in the Fifth
Amendment.

Have the courage to stand up to Senator Feinstein and anyone else in
Congress who believes it is their place to decide for millions of
Americans the
“correct” type of accessories they can own.

Please
advise me of your position on this proposal. I will be monitoring your
actions via
Grass Roots North Carolina legislative alerts.

Respectfully,

AzCDL Makes It Easy To Write Congress About Gun Control

The Arizona Citizens Defense League has set up a letter generator that makes it easy to send a letter opposing new Federal gun control measures to both your senators and to your congressional representative. The beauty of their letter generator is that it works no matter where you live in the United States.

From AzCDL:

A madman opened fire on a crowded Las Vegas concert. Politicians are blaming you and the guns you own for his actions. It’s far past time to stop giving up ground.

Senator Feinstein has filed a bill to ban “bump fire stocks” simply because the shooter installed them on some of his firearms. Don’t fall for this misdirection.

Complete the information below and click the “Submit” button to be taken to the pre-written letter to your Senators and Representative telling them to stand up for your Second Amendment rights. You may send it as is or edit as you see fit. It only takes a few mouse clicks to make a difference. Don’t wait, contact them right away! Those that want to disarm you are not hesitating.

It takes time to compose a letter – or at least it does for me. It is much easier to edit a pre-written letter than to write one yourself. The key thing here is volume. Congress needs to be inundated with letters, faxes, and emails from our side. If you don’t think the gun prohibitionists aren’t doing it, then it is time for you to emerge from under that rock.

Here is the link:  AzCDL Letter Generator

I don’t care if you’ve already sent letters or called your Senator’s office. I’ve done that and I’ve also used the AzCDL letter generator. Now just do it.

Feinstein’s S.1916 – Automatic Gunfire Prevention Act

This past Wednesday, October 4th, Sen. Dianne Feinstein (D-CA) introduced S.1916 – Automatic Gunfire Prevention Act – in response to the Las Vegas mass casualty event. As of today, the bill has 38 co-sponsors. All the co-sponsors are Democrats with the exception of Bernie Sanders who is still listed as an Independent.

The operative part of the bill reads:

(v)(1) Except as provided in paragraph (2), on and
after the date that is 180 days after the date of enactment
of this subsection, it shall be unlawful for any person to
import, sell, manufacture, transfer, or possess, in or affecting interstate or foreign commerce, a trigger crank,
a bump-fire device, or any part, combination of parts,
component, device, attachment, or accessory that is designed or functions to accelerate the rate of fire of a semi-
automatic rifle but not convert the semiautomatic rifle
into a machinegun
.

The prohibition would not apply to any agency or department of the United States or to those of any state or local government. The full text of the bill is here.

As I’ve said many a time when it comes to legislation, the devil is in the details. More importantly, it will be in how the courts and the Bureau of Alcohol, Tobacco, Firearms, and Explosives choose to interpret any part, etc. that is designed or functions to accelerate the rate of fire of a semi-auto rifle.

I foresee that items like the Franklin Armory binary trigger systems would be banned under this bill even though not explicitly named. Where I think it will get dicey is with springs and drop-in triggers. Will a stronger trigger return spring or a lighter hammer spring be considered items that function to accelerate the rate of fire? Would anything that makes for a smoother and/or lighter trigger pull fall under the rubric of this bill?

Indeed, would using a rubber band from an office supply store (or that your mail is banded with by the USPS) be prohibited by this bill? SayUncle has a number of examples of bump firing without using any of the explicitly banned items.

I attended the local gun show yesterday. In my 3 hours there, I saw only one person with a Slide-Fire stock. I don’t know if he had just bought it or had it with him to sell.

Bump fire stocks are novelty items in my opinion. I don’t have a need for one nor do I intend to buy one. That said, I think this bill needs to be killed. No bill introduced within days of a serious tragedy is meant to address the problems behind the tragedy. They are strictly to make political hay. This bill in particular is meant to stick it to the gun culture. The all encompassing weasel words after trigger crank and bump-fire device are so open for interpretation that you won’t know what is legal and what is not. That is just not good legislation.

H/T Tiffany Johnson for the link to the bill’s text.

And They’ll Respect Us In The Morning

There are those great lies we all know. Things like “the check is in the mail”, “I’m from the government and I’m here to help you”, and “I’ll respect you in the morning.” I’d to add another that is quickly becoming all too obvious in the post-Las Vegas mass casualty event hysteria: “I’m a Republican, I respect the Second Amendment, and if you vote for me, you can be assured I’ll never vote for a gun control bill.”

Consider these comments from North Carolina Republican congressmen. All of these comments were published in the Raleigh News and Observer yesterday.

Rep. George Holding (R-NC-2)

“This is a way to circumvent the law, existing law, by sloppily converting a semi-automatic weapon into an automatic weapon. I think we ought to look at getting rid of those,” Holding said Thursday. “You’re purposely trying to circumvent the law.”

Rep. Mark Walker (R-NC-6).

If somebody, just like any other avenue, is circumventing that law, then I think it’s something we should take a look at it. My first impulse is that could be a problem,” said Rep. Mark Walker of Greensboro, who is chairman of the conservative Republican Study Committee.

“At the same time, we don’t want to get to a place where any law we pass out of this House … targets more the law-abiding citizen then the criminal. We want to make sure that we’re protecting our society.”

Rep. Mark Meadows (R-NC-11). Meadows is also chair of the House Freedom Caucus which makes this doubly disturbing. (I met Mark for the first time at a gun show. He needed gun owners then to win in the primary runoff.)

Meadows said ATF may be able to change a rule or regulation that could solve the problem. The federal government allowed the sale of “bump stocks” in 2010.

“What enforcement capabilities are already in statute as it would relate to this? Is there a need for additional legislation?” he said.

Rep. Walter Jones, Jr. (R-NC-3)

Rep. Walter Jones, a Republican who represents much of eastern North Carolina, said he hasn’t had much time to study the “bump stock” issue. He planned to look into it this weekend.

“I have a very great concern about all the shootings and the killings of the American people,” Jones said. “I am concerned, deeply concerned, but I don’t know what the next step should be.”

The statement by the NRA on bump fire stocks will be used by Republicans to give themselves cover. My problem with their statement is that it looks like pre-emptive surrender on a firearm accessory that has been already approved by the BATFE.

While that statement may just be a delaying tactic as Sebastian contends, I still think the optics of it are bad. Few people will actually parse the statement to see what the NRA actually said and will assume incorrectly that they are for a ban on bump fire stocks. As I wrote on Thursday, “However, if bump fire stocks are banned now what is to say that other gun parts such as adjustable stocks or standard capacity magazines won’t be banned later. If you open the door to the ban on one thing, don’t you open the door to the ban of anything firearm related?”

It is a slippery slope. Our opponents recognize this and it is a feature to them. As House Minority Leader Nancy Pelosi (D-CA) told a reporter, “”They’re going to say, ‘You give them bump stock, it’s going to be a slippery slope.’ I certainly hope so.”

In the meantime, call, write, and fax your senators and representatives. They need to hear from you now in very clear and unambiguous terms. Links for the four Republicans quoted are above. You can find your representative by putting in your zip code here.

FPC Repudiates Proposed Bans Semi-Auto Firearms And Accessories

The Firearms Policy Coalition, unlike the NRA, is refusing the cave to those who call for a ban on bump fire stocks. The FPC is a coalition of state level gun rights groups that is a 501(c)4 grassroots, non-partisan, public benefit organization. Being as they are based in California, they have seen first hand the various incremental attacks by the gun prohibitionists.

From the FPC:

Firearms Policy Coalition Statement Repudiating Proposed Bans on Semi-Automatic Firearms and Accessories, Including “Bump Fire” Stocks

SACRAMENTO, CA (October 6, 2017) — Firearms Policy Coalition (FPC) has issued the following statement concerning calls for new bans and regulations on firearms and firearm accessories:

In depraved acts of self-centered posturing, politicians who do not respect our Constitution are leveraging the recent tragedy in Las Vegas to push for more unconstitutional bans and restrictions on common, semi-automatic firearms and their accessories. These important Second Amendment-protected instruments are purchased, possessed, and responsibly used for lawful purposes by millions of Americans across our great nation.

Just as blogs and websites are protected by the First Amendment, and the Fourth Amendment’s shield against unreasonable searches and seizures applies to advanced devices like an iPhone, so too are modern semi-automatic firearms like AR-15s and their appurtenances protected by the Second Amendment.

History shows that gun control is a one-way ratchet, with so-called “compromises” resulting only in more laws that affect law-abiding people and fewer ways to exercise Second Amendment rights. And there is no textual, circumstantial, or emotional exception to the Constitution’s guarantee that “the right of the people to keep and bear Arms, shall not be infringed.”

Law-abiding gun owners will not be bullied by killers or politicians, nor will we give up fundamental individual liberties at the shrill cries of Marxist Democrats or unprincipled Republicans, wealthy Hollywood elitists, the alt-left news media, or billionaire-backed Astroturf groups.

All unconstitutional laws are unjust, illegitimate, and offensive to the rule of law—even if they are enacted in response to a very real tragedy. FPC opposes all restrictions on the acquisition, possession, carry, and use of common, semi-automatic firearms, ammunition, and accessories by law-abiding people.

Whatever the conversation our country might wish to have about the evils found in human nature, and whatever questions we as a society might have about how to better address those moral and cultural deficiencies, no legitimate answers will be found in additional emotion-driven gun control laws that undermine our American system of ordered liberty.

FPC calls on House Speaker Paul Ryan, Senate Majority Leader Mitch McConnell, and every member of Congress to pass important legislation to protect and advance the Second Amendment rights of law abiding people without further obstruction or delay. That is the job they were elected to do.
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He Had Me At Mil-Spec Butter Knife

This is something to share with all your gun-hating friends who know nothing about firearms. Tell them they need to share far and wide to show the world just how easy it is to make any firearm full auto. In this case, the guy shows how to make a Sig run at 2,000 rounds a minute and an AR run at 70,000 rounds a minute.

Of course this is a satirical video but do Shannon Watts and her coterie of “I support the Second Amendment but…” friends know this? Probably not which makes it even more imperative that we encourage them to share it. As that great Southern philosopher Forrest Gump once said, “Stupid is as stupid does.”

Is The NRA Making A Grand Trade Or Merely Punting?

Bump fire stocks have come under increased scrutiny since the mass casualty even in Las Vegas where it appears the killer used them in his violent rampage. There have been bills introduced as well as increasing calls for them to be banned. They were originally approved by BATFE during the Obama Administration when it was concluded that they did not convert a semi-auto firearm into a full-auto firearm.

This afternoon the NRA released a joint statement from Wayne LaPierre and Chris Cox which called upon BATFE to re-review bump fire stocks and to subject them to additional regulations.

(FAIRFAX, VA) – The National Rifle Association today issued the following statement:

“In the aftermath of the evil and senseless attack in Las Vegas, the American people are looking for answers as to how future tragedies can be prevented. Unfortunately, the first response from some politicians has been to call for more gun control. Banning guns from law-abiding Americans based on the criminal act of a madman will do nothing to prevent future attacks. This is a fact that has been proven time and again in countries across the world. In Las Vegas, reports indicate that certain devices were used to modify the firearms involved. Despite the fact that the Obama administration approved the sale of bump fire stocks on at least two occasions, the National Rifle Association is calling on the Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE) to immediately review whether these devices comply with federal law. The NRA believes that devices designed to allow semi-automatic rifles to function like fully-automatic rifles should be subject to additional regulations. In an increasingly dangerous world, the NRA remains focused on our mission: strengthening Americans’ Second Amendment freedom to defend themselves, their families and their communities. To that end, on behalf of our five million members across the country, we urge Congress to pass National Right-to-Carry reciprocity, which will allow law-abiding Americans to defend themselves and their families from acts of violence.”

This statement leads to the question of the day: is the NRA trading a bump fire stock ban for national right-to-carry reciprocity or are they merely punting in the face of opposition to them from even some in the GOP who had been supportive of gun rights?

The NRA has always engaged in realpolitik in recent years. This may be a case of appearing to be willing to deal on the regulation of one gun-related item in exchange for loosening another. If so, they are trading a novelty item for something rather substantial. My only fear is that they could get out-maneuvered by trying to placate the gun prohibitionists on this one item.

I don’t care about bump fire stocks. I’m never going to buy one or put one on my AR.  However, if bump fire stocks are banned now what is to say that other gun parts such as adjustable stocks or standard capacity magazines won’t be banned later. If you open the door to the ban on one thing, don’t you open the door to the ban of anything firearm related?

UPDATE: Chris Cox of the NRA-ILA went on Fox’s Tucker Carlson Tonight to explain the NRA’s position and to call for national carry reciprocity. I’ll let you make the call whether it is a good idea or not.