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Quote Of The Day

March 15, 2018 by 6 Comments

“Guns don’t have much legitimate purpose in cities outside of the hands of trained law enforcement,” Cook said. “I think many cities would want to reinstitute a blanket ban or licensing requirements on carrying in public.”

Philip Cook is the ITT/Terry Sanford Professor Emeritus of Public Policy Studies at Duke University. He is a well-known researcher in “gun violence” (sic) with a significant anti-gun bias. The quote above comes from Duke’s student newspaper, The Chronicle, in which Cook was interviewed about past and proposed firearms-related legislation in the North Carolina General Assembly.

He advocated much tighter restrictions on concealed carry as well as doing away with state preemption so that cities like Durham where Duke is located could enact their own gun controls. As to enacting a ban on carrying in public, at least for open carrying, it would be an unconstitutional act. The North Carolina Supreme Court decided that in 1922 in the case of State v. Keener where the court ruled that open carrying was a constitutional right.

Another gem in this article deals with a total mischaracterization of why North Carolina has the pistol purchase permit wherein one must apply for a permit from their local sheriff to buy a handgun.

“That is relatively unusual, especially among Southern states,” said Cook, who researches gun control and crime prevention…


“The wisdom of the time [in 1919] was that rifles and shotguns are used for hunting and target shooting and other sports uses. Handguns are used against people,” Cook said. “And I think that remains true today.”

No, the wisdom of the time had nothing to do with handguns being used against people. The wisdom of the time was that blacks, union organizers, populists, and even Republicans had to be kept relatively disarmed. This was so that these people could not present a challenge to segregationist Democrats and their Klan allies. I have researched it extensively and have had many posts over the years on this subject. You can find some of them here, here, and here. I would note again that the co-sponsor of the 1919 bill was State Sen. Earle A. Humphrey (D-Goldsboro) who was the brother-in-law of ardent segregationist and Democrat party boss Furnifold Simmons.

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Two Steps Forward; Potentially Many Back In Illinois

March 14, 2018 by

As I reported yesterday, Gov. Bruce Rauner (R-IL) did the right thing and vetoed SB 1657 – the Gun Dealer Licensing Bill. However, there are many more bills out there that need to die. Moreover, the anti-gun forces are attempting to repeal the state law that pre-empts local regulation of firearms. You can imagine the regulations that would be enacted by Chicagoland politicians in the city and the suburbs.

On another note, kudos to the Iroquois County Board for its pro-Second Amendment resolution. The county is located in northeastern Illinois between Chicago and Champaign-Urbana on the Indiana border.

Illinois Carry has sent out this alert. If you are an Illinois resident, contact your representative and senator. Now.

Governor Rauner Vetoes Gun Dealer Licensing
Calls for Bipartisan Solutions
After
a full court press, all hands on deck, Katie bar the door effort by the
anti Second Amendment legislators in Chicago, Governor Rauner, with a stroke of his pen, has undone the heinous firearm dealer licensing bill.
We’ve
been working with the Governor and his staff from day one for just a
time as this. IllinoisCarry has taken him at his word and with this, the
worst gun bill to hit an Illinois governor’s desk in decades, he has
proven his mettle.
IllinoisCarry
extends our sincere thanks to the Governor, and to our members who
supported him while considering this difficult, but well reasoned,
decision.
But the fight isn’t over!
We
expect anti-gun Chicago legislators to attempt an override of the
Governor’s veto, and to pass several other pieces of legislation.
An amendment has been filed on HB1465 “Assault Weapon” ban Under 21
proposing an “affirmative defense” for our youth who participate in
shooting sports with adults.  This is a poor attempt to make shooting
sports illegal for our children while seemingly addressing our concerns.
An amendment was filed on HB1467 Bump Stock & Trigger Crank Ban to
now include the repeal of state preemption of local gun law, turning a
bill that some considered an acceptable loss into election year theater.
New momentum was given SB2314 Assault Weapons – Municipality, the inspiration for elimination preemption, and SB2317 Crim Cd Trigger Modification,  yet another flavor of bump stock ban.
Call Your State Senator!
Tell your Senator to vote against any attempt to override Governor Rauner’s veto of SB1657 Gun Dealer Licensing.
Also urge your state Senator to vote No on the following bills and any amendments to these bills:
HB1465 “Assault Weapon Under 21
HB1467 Bump Stock & Trigger Crank Ban
SB2314 Assault Weapon – Municipality
SB2317 Crim Cd Trigger Modification

Contact information for your legislators can be found here.
###
Iroquois County Board Passes
Pro-Second Amendment Resolution!
Tuesday night, Mar. 13th the Iroquois County Board voted to adopt
the following resolution supporting lawful gun owners in Illinois.  We
encourage other counties to adopt similar resolutions, and ask each of
you to share a copy with your county board members!
Copies of the resolution and contact infromation can be found here.
RESOLUTION
of the
COUNTY BOARD OF THE COUNTY OF IROQUOIS, ILLINOIS

Resolution opposing the passage of HB1465, HB 1467, HB1468, HB1469, SB1657, any
trailer bill, or any bill similar too, or any bill where the 100th Illinois General Assembly
desires to restrict the Individual right of US Citizens as protected by the Second
Amendment of the United States Constitution
WHEREAS, the Right of the People to Keep and Bear Arms is guaranteed as an Individual Right under
the Second Amendment to the United States Constitution and under the Constitution of the State of Illinois, and;

WHEREAS, the Right of the People to Keep and Bear Arms for defense of Life, Liberty, and Property
is regarded as an Inalienable Right by the People of Iroquois County, Illinois, and:

WHEREAS, the People of Iroquois County, Illinois, derive economic benefit from all safe forms of
firearms recreation, hunting, and shooting conducted within Iroquois County using all types of firearms
allowable under the United States Constitution and;

WHEREAS, HB1465 is a violation of the 4th Amendment to the US Constitution requiring responsible
persons under 21 to surrender lawfully owned firearms or face becoming instant felons; fails to define how to
relinquish firearms; only allows possession at Sparta shooting complex, but fails to provide similar exemptions
for recreational shooting at gun clubs, private ranges or under supervision of responsible adult or parent, unless
certified as a firearms instructor;

WHEREAS HB1467 is violation of the 4th Amendment to the US Constitution requiring persons to
immediately relinquish lawfully owned bump stocks or trigger cranks, while also failing to provide where and
how to relinquish firearms devices, thus creating instant felons upon passage;

WHEREAS HB1468 contains broad and unclear definitions which will cause confusion amongst
firearm owners and dealers as to which type of firearm is subject to 72 hour wait period; bans nonresidents from
purchasing certain long guns defined loosely as assault weapons, puts dealers in jeopardy of unknowingly
violating the law;

WHEREAS HB1469 is violation of the 4th Amendment to the US Constitution requiring persons to
immediately relinquish lawfully owned magazines, fails to provide how to properly relinquish banned
magazines, creates instant felons if enacted as written, creates conflicts allowing for sale to out of state persons
while stating possession is a felony, bans body armor worn as protection for those who employ the use of chain
saws, motorcyclists, range officers and firearm instructors, shop owners and employees who work in dangerous neighborhoods or during night shifts;

WHEREAS
SB1657 and trailer bills will create economic hardship on lawfully
owned and operated, small business firearm dealerships, in effect
forcing them to close; will create undue burdens and price increases on
persons to lawfully purchase firearms; will have a direct negative
impact on local economies thru job loss and sales tax loss; will create
another layer of burdensome government regulation on top of the heavy
Federal regulations; imposes new fees on top of existing Federal license
fees;

WHEREAS, Iroquois County Board, being elected to represent the People of Iroquois County and
being duly sworn by their Oath of Office to uphold the United States Constitution and the Constitution of the
State of Illinois, and;


WHEREAS,
the Illinois House of Representatives and the Illinois Senate, being
elected by the People of the State of Illinois and being duly sworn by
their Oath of Office to uphold the United States Constitution and the
Constitution of the State of Illinois, and;

WHEREAS, The Governor of Illinois, being elected to represent the People of the State of Illinois and
being duly sworn by your Oath of Office to uphold the United States Constitution and the Constitution of the
State of Illinois, and;

WHEREAS,
proposed legislation, any bills similar to, under consideration by the
Illinois State Legislature would infringe the Right to Keep and Bear
Arms and would ban the possession and use of firearms, magazines, body
armor now employed by individual citizens of Iroquois County, Illinois,
for defense of Life, Liberty and Property and would ban the possession
and use of firearms now employed for safe forms of firearms recreation,
hunting and shooting conducted within Iroquois County, Illinois;

WHEREAS,
the proposed legislation potentially violates the 5th Amendment failing
to provide just compensation under the takings clause, 8th Amendment
imposition against excessive fines and punishments on law abiding
citizens by punitive forfeiture/relinquishment of lawfully owned
property, and Ex Post Facto Law Clause of the United States
Constitution.

NOW, THEREFORE, IT BE AND IS HEREBY RESOLVED that the People of Iroquois County,
Illinois, do hereby oppose the enactment of any legislation that would infringe upon the Right of the People to
keep and bear arms and consider such laws to be unconstitutional and beyond lawful Legislative Authority.

BE IT FURTHER RESOVLED,
that the Iroquois County Board demands that the Illinois General
Assembly cease further actions restricting the Right of the People to
keep and bear arms, and hereby demand that the Governor of Illinois veto
all such legislation which restricts the Right of the People to keep
and bear arms.
BE IT FURTHER RESOLVED,
that the Clerk of Iroquois County is hereby directed to prepare and
deliver certified copies of this Resolution to all members of the
Illinois General Assembly and to the Office of the Governor.
###
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Some Good News Out Of Illinois

March 13, 2018 by 1 Comment

Finally, some good news on gun rights out of Illinois. Gov. Bruce Rauner (R-IL) vetoed SB 1657 which would have forced Illinois gun dealers to be licensed by both the Federal government and the state. It was legislation intended to eventually force the mom and pop gun shops out of business.

However, the fight is not over. There are other bills out there as well as the potential for Rauner’s veto to be overridden.

From ISRA:
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GRNC Alert: Help Develop NC’s School Safety Plan

March 13, 2018 by

The North Carolina General Assembly’s Joint Committee on Emergency Management Oversight will be meeting on Thursday, March 15th, to discuss school security issues. It is essential that they hear from those of us who have real and actionable suggestions and not merely those with ineffective, looks good on paper, feel good schemes.

I sent my message to the Republicans on the committee and I hope you will as well.

From GRNC:

HELP DEVELOP NC’s
SCHOOL SAFETY PLAN
Thursday, state legislators are hearing arguments that will inform life-and-death decisions regarding school security. Please be there … 
This Meeting Needs Your Voice
At the state legislature, there are two committee meetings in March which revolve around school security. The first is this Thursday (March 15), the Joint Committee on Emergency Management Oversight. There will likely be opportunities for public comments, and it is critical that this not be a one-sided discussion. We all know that the anti-gun-rights crowd will have people there to demand policies that will only make things worse. Due to the deadly serious nature of this topic, ineffective, feel-good schemes cannot be allowed to take hold. Please make every effort to attend these meetings. Below, find details on the upcoming meetings.

Gun-free Zones: the Psychotic-Killer Loophole
The most effective way to reduce mass public shootings is for our elected officials to wise up and eliminate dangerous gun-free zones (GFZs). Documented evidence tells us that criminals and psychotics carefully choose GFZs to commit their heinous acts, because they know they will not be met with timely armed resistance.

All but two of U.S. mass shootings since 1950
have occurred in so-called
“gun-free” zones.
That’s 98%!
Along with improved security provisions, such as fewer unlocked entrances and generally beefed up security, the most effective way to protect school children is to proclaim that any attack will likely be met with rapid armed resistance from an unpredictable source; that source would be teachers and other school personnel. 

Remove the Shackles
Of course, teachers who do not want to carry defensive weapons should not be required to. However, the shackles must be removed from those willing to mount effective resistance if the worst should occur. Some seem very concerned about teachers using weapons during a dire emergency. But consider the alterative: bullets flying in only one direction and resulting in the deaths of many innocent and helpless people. Any objection to evening those odds seems entirely unreasonable. Let’s demand that legislators close the psychotic-killer loophole!



IMMEDIATE ACTION REQUIRED!
  • EMAIL THE REPUBLICAN COMMITTEE MEMBERS: CLICK HERE to generate an email message. After you click, check your email program. An email should have been generated for you. Simply add you name to the bottom and hit ‘send.’ 

    If an email was not generated automatically, or wasn’t generated properly, send the email using the copy/paste email list and the copy/paste text provided below, under ‘Deliver This Message.’
  • ATTEND THE JOINT COMMITTEE MEETING: It’s critical that the public be involved in these meetings, especially because it’s the safety of the citizenry’s own children that is being debated. Practical and effective solutions from concerned citizens like you must be discussed, and ought to dominate the conversation. But without you there to speak, or at least to support the speakers by your presence, that may not happen. Please attend. Find the meeting details below.  
    • SAVE THE DATE TO ATTEND A SECOND COMMITTEE MEETING: The ‘House Select Committee on School Safety’ will be meeting on Wednesday, March 21, at 9:00 AM to discuss the same issues. Please mark your calendar and watch for an upcoming GRNC reminder about that meeting. This meeting will also be in the Legislative Office Building, Rm. 643.  Please plan to attend.
MEETING DETAILS:
WHAT: Joint Committee on Emergency Management Oversight Meeting
WHEN: Thursday, March 15, 9:00 AM (arrive an hour early if possible)
WHERE:
Legislative Office Building, Rm. 544
300 N. Salisbury Street
Raleigh, NC
(directions: https://www.ncleg.net/help/directions.html)
   
NOTES: Dress for the press. Please dress professionally with no inflammatory slogans or the like on clothing.
  Arrive early. To deal with any parking issues, and to make sure you get a seat. Arriving at least one hour early is recommended.



DELIVER THIS MESSAGE
Copy/Paste email List: 
John.Faircloth@ncleg.net; Ron.Rabin@ncleg.net; Jamie.Boles@ncleg.net; Brenden.Jones@ncleg.net; Michael.Speciale@ncleg.net; John.Alexander@ncleg.net; Danny.Britt@ncleg.net; Norman.Sanderson@ncleg.net; Jeff.Tarte@ncleg.net; Mike.Clampitt@ncleg.net; Larry.Pittman@ncleg.net; Jason.Saine@ncleg.net; Jerry.Tillman@ncleg.net
Suggested Subject: 
“For School Safety: End Gun-Free Zones”  
Dear Committee Member:

I am writing today in reference to your service on the Joint Committee on Emergency Management Oversight.

Since the recent disturbing events in Florida, all the usual gun-control voices have called for all the usual ineffective and unconstitutional schemes. None of these useless and ominous notions are acceptable, and I insist that you not lend them credence during your upcoming committee meetings. I do expect you to discuss school security concepts that are actually effective and will truly result in the protection of school children.

Removing the shackles from school employees who have concealed handgun permits would be the simplest and most effective solution. The legislature could do this almost immediately by removing the dangerous gun-free zone (GFZ) status from school buildings and grounds. Teachers and other school staff are no danger to students. If they were, we wouldn’t allow them unfettered, daily access to our children. Yet, the threat of swift armed resistance from an unpredictable source is a highly effective deterrent. This is why a full 98% of all mass public shooting since 1950 have occurred in so-called “gun-free” zones. Should the worst occur, teachers defending their students with deadly force is not such a terrible thing when you imagine the alternative. Indeed, no imagination is necessary, as recent events have shown us exactly what the alternative looks like.

A large number of teachers are already willing and ready for classroom carry. A recent Elon University Poll of North Carolina teachers (which skewed heavily Democrat) revealed that roughly 20% of teachers are open to the idea of concealed handguns in the classroom. Consider that the number of every day citizens who legally carry a gun in our state is something less than 10%. This means the number of teachers willing to consider classroom carry is at least twice the number in the general population who already carry a handgun. This is great news, and further evidence that dangerous GFZs have run their course. 

Our children’s very lives are at stake. I demand that your time on the School Safety committee be used to consider and implement only practical and effective policies. I will be monitoring your actions on this matter through Grass Roots North Carolina legislative alerts.

Respectfully, 

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That Was Friday, This Is Today

March 13, 2018 by 2 Comments

Marty Daniel of Daniel Defense caused a wee bit of controversy on Friday when he posted his support for the Fix NICS Act. The original Facebook post is gone so I’m copying this from Townhall.com.

Message from Marty Daniel on the Fix NICS Act (S.2135)


Dear Friends,


I need your help. I believe the Fix NICS Act (S. 2135), sponsored by the National Shooting Sports Foundation (NSSF) and endorsed by the National Rifle Association (NRA), is presently the only common sense approach to keeping firearms out of the hands of the wrong people. This bipartisan bill, which aims to keep firearms from being sold to criminals and other dangerous people, was introduced by U.S. Senator John Cornyn of Texas. All provisions of this bill have already been voted on and passed in the U.S. House of Representatives. While the bill has enough votes to pass the Senate, we must put pressure on our representatives until the President puts pen to paper.


Our Senators, by passing the Fix NICS Act, can take logical steps TODAY to improve background checks through the FBI’s National Instant Criminal Background Check System (NICS). By doing so, states would not only be required to, but would be held accountable for not complying with new reporting procedures which would ensure background checks are complete and reliable. The Fix NICS Act would:


• Mandate federal agencies to report criminal convictions to the
Attorney General
• Require reporting of select mental health records that prohibit the
purchase of firearms (Fix NICS only seeks to require mental health
records that fit current federal categories)
• Hold states and federal agencies accountable for failing to upload
records


Here’s how you can help.


1.) Send an Email to Your Representatives at: http://bit.ly/2FFsmg0
2.) Share this Post & Tag Your Representatives in the Comments


Together, we can get this thing passed.


– Marty Daniel

Let’s just say many people were not happy and leave it at that.

Today, Mr. Daniel went back to Twitter, Facebook, and Instagram to post a quite different message. Here is the one from Facebook.

Message from Marty Daniel:


Friends,


First and foremost, let me say that I have heard your voices. I put out a statement on Friday, supporting Senate Bill S.2135 also known as the Fix NICS Act. I have received overwhelming feedback since putting out this statement, which has brought to my attention that there are significant and justified concerns regarding this bill. I can no longer in good conscience put my support behind S.2135.


I released the original statement because I believed it was the best option available at this time to hold back the continued attacks on the Second Amendment and the erosion of our rights. I was wrong.


Let me be very clear:


• My life’s work is to protect an individual’s right to keep and bear arms by holding our lawmakers accountable to the Second Amendment.


• I believe that all firearms laws that limit the rights of law abiding citizens are unconstitutional.


• I will never support any legislation which infringes on any individuals rights, and could potentially subvert due process.


• Myself, my Family, and Daniel Defense love and serve our Veterans every day. I would never support a legislative measure which would strip them of their rights based on their history of service and sacrifice.


Thank you to everyone who reached out and voiced your concerns. You are a motivated and passionate group of people which I am proud to call my peers, my friends, and my family. We are all united in one fight – the fight to support and defend the Constitution of the United States of America. I will never turn my back on you. I stand with you and I am ready to continue to fight for our rights.


-Marty

People I know and respect are on both sides of the debate regarding Fix NICS. I think it is up to you to make your own decision on it. The other thing I would note is that if even half the pressure put on Marty Daniel and Daniel Defense was put on wavering politicians there would be no debating Fix NICS, a new AWB, or age restrictions. The fight would be over and we would have won.

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White House Proposals

March 12, 2018 by

The rumors and news coming out of the White House with regard to gun control all included a proposal to raise the legal age to purchase a rifle or shotgun to age 21. Even Deputy Press Secretary Raj Shah was saying on one of the Sunday morning news roundtables. As things stand now, that proposal has been shelved. I don’t know about you but I wrote both senators and my US representative yesterday strongly objecting to raising the age.

Given the White House has briefed the press but has not released a definitive public statement here is where things stand now:

  • Federal Commission on School Safety headed by Education Secretary Betsy DeVos will study age restrictions and other restrictions, They will issue a report later.
  • Improvements to the FBI’s tip line.
  • Support for FixNICS Act.
  • Support of the STOP School Violence Act which would allocate $50 million annually for school safety improvements including violence prevention training for teachers.
  • Assist states in training teachers and other school staff in firearms use.
  • Allow military vets and retired LEOs to work as school safety officers.
  • Call on states to allow police, with court approval, to remove firearms from people who are a threat to themselves or others. It would also “temporarily” remove their ability to purchase firearms.
  • Ban bump fire stocks (which was previously mentioned).
  • Improve mental health systems to identify and treat treats. This would include “increased integration of mental health, primary health care and family services.”
If I were to make a prediction now, it is that FixNICS is going through no matter what. The other is that gun violence (sic) protection orders (by whatever name) will become a hot topic in some states notwithstanding their threat to civil rights.
The one thing to bear in mind right now is that no politician is your friend. It doesn’t matter the party nor their past support for gun rights. They will throw gun rights and gun rights supporters under the bus if they think it could impact their chances of reelection. One merely need look at Florida where many supposed gun rights supporting legislators threw gun rights under the bus in their haste to pass SB 7026.

UPDATE: Here is what the White House sent out with their “1600 Daily” email a few minutes ago:

How to secure our schools

After the horrific shooting at a
Parkland, Florida, high school last month,
President Donald J. Trump met with students,
teachers, lawmakers, and local officials to hear
every idea they had about how to keep violence
out of America’s schools.
Every child
in our Nation has a right to feel safe. To
achieve that goal, the President will announce a
series of actions to protect our children and
their communities:

  • Hardening our
    schools    : The Administration will make
    sure our schools are safe and secure—just like
    our airports, stadiums, and government
    buildings—with better training and
    preparedness.
  • Strengthening
    background checks and prevention    :
    President Trump is supporting legislation and
    reforms to strengthen the background checks
    system and law enforcement operations.
  • Reforming mental health
    programs    : The President is proposing
    an expansion and reform of mental health
    programs, including those that help identify
    and treat individuals who may be a threat to
    themselves or others.
  • Keeping the conversation
    going    : In addition to these immediate
    actions, President Trump is establishing a
    Federal Commission on School Safety, chaired
    by Secretary of Education Betsy DeVos, to
    recommend policy and funding proposals for
    school violence prevention.
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Links For Your Weekend Reading

March 11, 2018 by

I spent three days this week in the gun control paradise known as Chicago. So I’m doing a little catch-up on my reading and I’ve come across a few blog posts that I think are must reads.

Since the murders at Majory Stoneman Douglas HS in Parkland, Florida, we have subjected to a non-stop assault on our civil rights from the gun control industry and their media allies. As the late Professor Brian Anse Patrick showed in his research, the NRA and gun rights groups in general actually benefit from this assault. My friend and Polite Society Podcast co-host Rob Morse has a post up about how NRA and SAF memberships have been rising with this assault. If you want to go into more depth on this, I highly recommend Prof. Patrick’s The National Rifle Association and the Media: The Motivating Force of Negative Coverage. The Kindle edition is $9.99 or about half the cost of the paperback version.

Sebastian at Shall Not Be Questioned has two posts up that I would encourage you to read. The first, Dear NRA, says we and the NRA need to up our grassroots game. In particular, we need to convert those who believe in the Second Amendment from being passive observers to active participants. Our opponents have upped their game and are becoming much more effective. It will not be merely enough to watch a NRA-TV video with Dana Loesch or Colion Noir and nod your head in agreement. It will entail getting our rear ends out to city council meetings and hearings when they impact our gun rights.

In his second post, Sebastian has a lexicon of gun terms that the media has thrown out there to confuse non-gun owners. He addresses them and how we should in turn address them when a non-gun owner asks us questions. In one sense – and this is me saying it and not Sebastian – we need to listen to the immortal words of Crash Davis in Bull Durham, “You’re gonna have to learn your cliches. You’re gonna have to study them, you’re gonna have to learn them, you’re gonna have to know them. They’re your friends.” In other words, we need to know the gun prohibitionists’ argument better than they do. You should also read Tam’s post on Magical Thinking which also addresses this.

Kevin Creighton has a short post saying we need to get back into the game. He’s right. We need to get back into the cultural game because we are in a cultural war. Two things he suggests is reaching out to motorcycle riders as we have a shared interest in freedom and to videogamers to encourage them to get into competitive shooting.

Finally, Erin Palette looks at SB 7026 which was signed in Florida on Friday by Gov. Rick Scott (R-FL). She analyzes it in depth and the implications of many of the things in the bill are horrendous. Insofar as creating “school guardians”, it will be dependent upon a county’s sheriff to approve it there. Moreover, it will require 132 hours of training to become qualified as well as another 12 hours in a “certified nationally recognized diversity training program”. Diversity training for stopping an armed attacker? Who the f*&k came up with that nonsense.

So now you have your weekend reading in nice, digestible nuggets. My other suggestion is if there is a gun show in your area, go to it.  Spend some quality time with your cultural brothers and sisters. And, if you are in the Asheville area, go to the Asheville Gun Show at the WNC Ag Center. While there, stop at the Grass Roots North Carolina booth and say hello. I’ll be working it from 10am until 5pm.

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And In Your Morning News From The DOJ…

March 10, 2018 by

The Beltway method of releasing news that you don’t want to get a lot of attention is to release it on a Friday afternoon. I’m guessing the Department of Justice under Attorney General Jeff Sessions is taking it a step further with this release regarding bump fire stocks.

From the DOJ:

FOR IMMEDIATE RELEASE

Saturday, March 10, 2018


Department of Justice Submits Notice of Proposed Regulation Banning Bump Stocks

Today the Department of Justice submitted to the Office of Management and Budget a notice of a proposed regulation to clarify that the definition of “machinegun” in the National Firearms Act and Gun Control Act includes bump stock type devices, and that federal law accordingly prohibits the possession, sale, or manufacture of such devices.

“President Trump is absolutely committed to ensuring the safety and security of every American and he has directed us to propose a regulation addressing bump stocks,” said Attorney General Jeff Sessions. “To that end, the Department of Justice has submitted to the Office of Management and Budget a notice of a proposed regulation to clarify that the National Firearms and Gun Control Act defines ‘machinegun’ to include bump stock type devices.”

This submission is a formal requirement of the regulatory review process. Once approved by the Office of Management and Budget, the Department of Justice will seek to publish this notice as expeditiously as possible.

I don’t have a need, want, desire, or love for bump fire stocks. I do, however, believe in the rule of law. 26 USC Chapter 53 § 5845 (b) defines a machinegun as:

Machinegun. The term ‘machinegun’ means any weapon which shoots, is designed to shoot, or can
be readily restored to shoot, automatically more than one shot, without manual reloading, by a single
function of the trigger. The term shall also include the frame or receiver of any such weapon, any part
designed and intended solely and exclusively, or combination of parts designed and intended, for use in
converting a weapon into a machinegun, and any combination of parts from which a machinegun can be
assembled if such parts are in the possession or under the control of a person.

Arbitrarily saying that a bump fire stock is the same as a machinegun flies in the face of both the black letter law and in the face of numerous BATFE regulatory rulings. It makes a mockery of the rule of law and should be condemned as such. If the DOJ and the Trump Administration want to ban bump fire stocks, they should, as I suggested in my own comment on the Advanced Notice of Proposed Rulemaking, submit a bill to Congress to add them to the NFA and GCA 68.

In the meantime, I plan to send a few buck to the Firearms Policy Coalition as they have already hired attorneys Adam Kraut and Joshua Prince to submit their comments and fight this in court. By the way, donations to fight this are tax-deductible.

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Scott Signs Gun Control Bill Today; NRA Sues Today

March 10, 2018 by 1 Comment

Gov. Rick Scott (R-FL) signed SB 7026, the Majory Stoneman Douglas Public Safety Act, into law today. The bill would allow some teachers to carry firearms on campus, it allocated significant funding (approximately $500 million) to school safety, it imposed a 3-day waiting period on all firearm sales, and raised the age from 18 to 21 for all firearm purchases including shotguns and rifles. It also included some items related to mental health issues.

The bill was opposed by most Democrats in the legislature because they were against letting teachers have the opportunity to defend students with more than harsh words. They were also upset that it didn’t include universal background checks and a state assault weapons ban (sic).

After the signing, the Florida Democratic Party reiterated its opposition to the bill, which was touted as bipartisan since it passed both chambers with GOP and Democratic votes. FDP chair Terrie Rizzo said the governor and Legislature didn’t go nearly far enough.

The ban on the sale of firearms to those between the ages of 18 and 21 did not apply to law enforcement, correctional officers, or those serving in the military. The law would make it a felony for a licensed individual to sell the firearm and for a person to buy the firearm. Moreover, it also prohibited the private sale of handguns to those under the age of 21.

Within an hour of Gov. Scott signing SB 7026, the National Rifle Association filed suit in US District Court for the Northern District of Florida on behalf of their members in Florida. The suit was filed against Attorney General Pam Bondi and Commissioner of the Department of Law Enforcement Rick Swearingen in their official capacities. The suit seeks declaratory and injunctive relief against the bill on the basis that it unconstitutionally discriminates against 18 to 20 years by denying them both their Second Amendment rights and their 14th Amendment Due Process rights. It also seek an order enjoining the enforcement of FLA. STAT. § 790.065(13) by the defendants, their employees, and agents and from enforcing the ban on the sales of firearms to those aged 18 to 20.

16. Independent provisions of federal law also already significantly
constrain the right of adult citizens under the age of 21 to purchase firearms. Under
18 U.S.C. § 922(b)(1), a federally licensed firearm dealer may not sell to any
individual under the age of 21 any handgun—the “quintessential self-defense
weapon” which is “the most popular weapon chosen by Americans for self-defense
in the home.” Heller, 554 U.S. at 629. Florida’s new ban broadens these
preexisting limits, by (1) extending the ban to rifles and shotguns, in addition to
handguns, and (2) prohibiting these law-abiding, adult citizens from purchasing
these firearms from any source, not just federally licensed dealers (i.e., those who

are “engaged in the business of selling firearms at wholesale or retail.” 18 U.S.C. §
921(a)(11)).

17. The effect of Florida’s age-based ban is to impose a significant,
unequal, and impermissible burden on the right to keep and bear arms of a class of
millions of law-abiding 18-to-20 year-old adult citizens.

The suit seeks both a facial and as-applied declaration that the new law is unconstitutional. With regard to the as-applied challenge, the complaint says:

32.  This ban particularly infringes upon, and imposes an impermissible
burden upon, the Second Amendment rights of those NRA Members described
above who are female. Females between the ages of 18 and 21 pose a relatively
slight risk of perpetrating a school shooting such as the one that occurred at
Marjory Stoneman Douglas High School, or, for that matter, a violent crime of any
kind. For example, in 2015, women in this age group accounted for only 1.8% of
arrests for violent crime, while males in the same age bracket accounted for 8.7%
of such arrests—and males between the ages of 21 and 24, who may lawfully
purchase firearms under current law, accounted for 9.2%. See Federal Bureau of
Investigation, Crime in the United States: 2015 tbls. 39 and 40, available at
https://goo.gl/8pVWnb; see also BUREAU OF JUSTICE STATISTICS, WOMEN
OFFENDERS at 2, 13 (2009) (female offenders responsible for only 14% of violent
crimes, and only 10% of female offenders aged 18-20), available at
https://goo.gl/3qAJXu. Regardless of its facial validity, Florida’s ban is therefore
unconstitutional, void, and invalid as applied to women between the ages of 18 and
21.

The full complaint can be found here.

Uncategorized

It’s About Time DOJ Released These Docs

March 8, 2018 by 2 Comments

The Department of Justice announced today that it had entered into a conditional agreement with the House Oversight and Government Reform Committee to release the documents it has been withholding for six years related to Operation Fast and Furious.

From the DOJ release:



Today, the Department of Justice entered into a conditional settlement agreement with the House Committee on Oversight and Government Reform and will begin to produce additional documents related to Operation Fast and Furious. The conditional settlement agreement, filed in federal court in Washington D.C., would end six years of litigation arising out of the previous administration’s refusal to produce documents requested by the Committee.

In announcing the settlement, Attorney General Sessions said:

“The Department of Justice under my watch is committed to transparency and the rule of law. This settlement agreement is an important step to make sure that the public finally receives all the facts related to Operation Fast and Furious.”

It is a shame that Mike Vanderboegh did not live to see this after all the effort he and David Codrea put in to getting the story out to the public.