Asheville Gun Show!

If you live in western North Carolina or are visiting the area this weekend, stop by the Asheville Gun Show. It is being held Saturday and Sunday in the Davis Event Center at the WNC Ag Center. For those attending from out of town, it is at the corner of Fanning Bridge Road and Airport Road in Fletcher just across from the Asheville Regional Airport.

It open at 9am on Saturday and runs until 5pm. On Sunday, it opens at 10am and runs until 4pm. If you got to the promoter’s website, you can get a coupon for $1 off the $10 admission. With 400 tables, it is one of the larger gun shows in the region.

If you do come to the show, stop by the Grass Roots North Carolina booth and say hello. I should be there most of the weekend. We will be in a new location that should give us more visibility.

More importantly, if you are not a member, take advantage of the gun show discount and join! We are still pushing hard on getting HB 189 – Freedom to Carry NC – through this session of the General Assembly. With enough pressure Tim Moore and Phil Berger plus the Republican supermajority in both houses, it is doable. More members means more pressure on those two.

I hope to see you there!

Band Beach?

Today I learned something new. We’ve always known there were five beaches on D-Day in Normandy: Utah, Omaha, Gold, Sword, and Juno. However, there was a planned sixth beach called Band that was a contingency to protect the eastern flank from the German shore batteries.

Jim aka Old NFO has more on it here.

The NRA Needs Its Own Independence Day

The National Rifle Association filed their own challenge to the BATFE pistol brace ban yesterday. This was after their attempt to intervene in SAF et al v. BATFE was denied as not timely among other reasons.

The NRA has and has had many excellent Second Amendment attorneys at their disposal. These include scholars such as Stephen Halbrook and David Kopel, appellate attorneys such as Paul Clement and Erin Murphy, and others such as Chuck Michel, David Jensen, and Dan Schmutter. In the past I would have also included the attorneys from Cooper and Kirk but they were considered “disloyal” by Wayne and Company and purged.

So who did they choose to handle their own challenge to the BATFE pistol brace ban? It had to be someone other than the attorney who just lost their motion to intervene, right?

Sadly, they went with William Brewer III again. Instead of going with a strong 2A attorney, they went with the attorney whose primary purpose seems to be to keep Wayne out of jail while getting as rich as possible in the process.

Why I don’t know and no one is saying. Even former 1st VP Willes Lee who has gone from stalwart Friend of Wayne to outspoken critic of the old guard is asking why.

Brewer seems to have the same insidious influence on Wayne and the Board as Rasputin did on Nicholas II and Alexandra. We all know how that ended for the Romanov Dynasty.

The NRA needs to declare its independence from Bill Brewer before he does any more damage to the organization – and the Second Amendment. Unfortunately, as things stand now, I see Brewer riding off into the sunset richer than ever and the NRA in shambles.

“In Congress, July 4, 1776” (Updated)

This is a document that I think every American should read at least once a year. As I said when I first started posting in the first year of this blog, it explains why we are citizens and not subjects. I have posted this every year since this blog was founded in 2010.

This year as I re-read it I am struck by how some of the offenses listed by Jefferson could almost be said of today’s US and state governments. For example, Illinois is trying to restrict the counties in which suits can be brought against it to Cook (Chicago) and Sangammon (Springfield). Likewise, the phrase “sent hither swarms of Officers to harass our people and eat out their substance” could apply to everything from the IRS to BATFE to virtually any Federal agency with regulatory powers.

IN CONGRESS, JULY 4, 1776

The unanimous Declaration of the thirteen united States of America

When in the Course of human events it becomes necessary for one people to dissolve the political bands which have connected them with another and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature’s God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. — That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, — That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn that mankind are more disposed to suffer, while evils are sufferable than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security. — Such has been the patient sufferance of these Colonies; and such is now the necessity which constrains them to alter their former Systems of Government. The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world.

He has refused his Assent to Laws, the most wholesome and necessary for the public good.

He has forbidden his Governors to pass Laws of immediate and pressing importance, unless suspended in their operation till his Assent should be obtained; and when so suspended, he has utterly neglected to attend to them.

He has refused to pass other Laws for the accommodation of large districts of people, unless those people would relinquish the right of Representation in the Legislature, a right inestimable to them and formidable to tyrants only.

He has called together legislative bodies at places unusual, uncomfortable, and distant from the depository of their Public Records, for the sole purpose of fatiguing them into compliance with his measures.

He has dissolved Representative Houses repeatedly, for opposing with manly firmness his invasions on the rights of the people.

He has refused for a long time, after such dissolutions, to cause others to be elected, whereby the Legislative Powers, incapable of Annihilation, have returned to the People at large for their exercise; the State remaining in the mean time exposed to all the dangers of invasion from without, and convulsions within.

He has endeavoured to prevent the population of these States; for that purpose obstructing the Laws for Naturalization of Foreigners; refusing to pass others to encourage their migrations hither, and raising the conditions of new Appropriations of Lands.

He has obstructed the Administration of Justice by refusing his Assent to Laws for establishing Judiciary Powers.

He has made Judges dependent on his Will alone for the tenure of their offices, and the amount and payment of their salaries.

He has erected a multitude of New Offices, and sent hither swarms of Officers to harass our people and eat out their substance.

He has kept among us, in times of peace, Standing Armies without the Consent of our legislatures.

He has affected to render the Military independent of and superior to the Civil Power.

He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation:

For quartering large bodies of armed troops among us:

For protecting them, by a mock Trial from punishment for any Murders which they should commit on the Inhabitants of these States:

For cutting off our Trade with all parts of the world:

For imposing Taxes on us without our Consent:

For depriving us in many cases, of the benefit of Trial by Jury:

For transporting us beyond Seas to be tried for pretended offences:


For abolishing the free System of English Laws in a neighbouring Province, establishing therein an Arbitrary government, and enlarging its Boundaries so as to render it at once an example and fit instrument for introducing the same absolute rule into these Colonies

For taking away our Charters, abolishing our most valuable Laws and altering fundamentally the Forms of our Governments:

For suspending our own Legislatures, and declaring themselves invested with power to legislate for us in all cases whatsoever.

He has abdicated Government here, by declaring us out of his Protection and waging War against us.

He has plundered our seas, ravaged our coasts, burnt our towns, and destroyed the lives of our people

He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation, and tyranny, already begun with circumstances of Cruelty & Perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.

He has constrained our fellow Citizens taken Captive on the high Seas to bear Arms against their Country, to become the executioners of their friends and Brethren, or to fall themselves by their Hands.

He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless Indian Savages whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions.

In every stage of these Oppressions We have Petitioned for Redress in the most humble terms: Our repeated Petitions have been answered only by repeated injury. A Prince, whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people.

Nor have We been wanting in attentions to our British brethren. We have warned them from time to time of attempts by their legislature to extend an unwarrantable jurisdiction over us. We have reminded them of the circumstances of our emigration and settlement here. We have appealed to their native justice and magnanimity, and we have conjured them by the ties of our common kindred to disavow these usurpations, which would inevitably interrupt our connections and correspondence. They too have been deaf to the voice of justice and of consanguinity. We must, therefore, acquiesce in the necessity, which denounces our Separation, and hold them, as we hold the rest of mankind, Enemies in War, in Peace Friends.

We, therefore, the Representatives of the united States of America, in General Congress, Assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the Name, and by Authority of the good People of these Colonies, solemnly publish and declare, That these united Colonies are, and of Right ought to be Free and Independent States, that they are Absolved from all Allegiance to the British Crown, and that all political connection between them and the State of Great Britain, is and ought to be totally dissolved; and that as Free and Independent States, they have full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and Things which Independent States may of right do. — And for the support of this Declaration, with a firm reliance on the protection of Divine Providence, we mutually pledge to each other our Lives, our Fortunes, and our sacred Honor.

— John Hancock

New Hampshire:
Josiah Bartlett, William Whipple, Matthew Thornton

Massachusetts:
John Hancock, Samuel Adams, John Adams, Robert Treat Paine, Elbridge Gerry

Rhode Island:
Stephen Hopkins, William Ellery

Connecticut:
Roger Sherman, Samuel Huntington, William Williams, Oliver Wolcott

New York:
William Floyd, Philip Livingston, Francis Lewis, Lewis Morris

New Jersey:
Richard Stockton, John Witherspoon, Francis Hopkinson, John Hart, Abraham Clark

Pennsylvania:
Robert Morris, Benjamin Rush, Benjamin Franklin, John Morton, George Clymer, James Smith, George Taylor, James Wilson, George Ross

Delaware:
Caesar Rodney, George Read, Thomas McKean

Maryland:
Samuel Chase, William Paca, Thomas Stone, Charles Carroll of Carrollton

Virginia
George Wythe, Richard Henry Lee, Thomas Jefferson, Benjamin Harrison, Thomas Nelson, Jr., Francis Lightfoot Lee, Carter Braxton

North Carolina:
William Hooper, Joseph Hewes, John Penn

South Carolina:
Edward Rutledge, Thomas Heyward, Jr., Thomas Lynch, Jr., Arthur Middleton

Georgia:
Button Gwinnett, Lyman Hall, George Walton

The Mecklenburg Declaration And Resolves (Reposted)

I originally posted this on July 4th of 2010. I am reposting it as I have every year since to recognize these early North Carolina patriots from Mecklenburg County. Despite all the changes in the Queen City since then, there are still many there or from there who continue the fight for liberty and especially our Second Amendment rights.

Before there was a Declaration of Independence of 1776, there were the Mecklenburg Declaration of May 20, 1775 and the Mecklenburg Resolves of May 31, 1775. While there is significant controversy over the authenticity of the former, there is none regarding the latter. There is controversy about the Mecklenburg Declaration because the original copy is reputed to have been destroyed in a fire and mention of it then only comes to light in 1819. Nonetheless, May 20, 1775 is the date enshrined on both the Great Seal of the State of North Carolina and the State Flag. Even the state flag used during the Confederacy had those dates on it.

Both the Declaration and the Resolves were adopted in Charlotte Town in Mecklenburg County, North Carolina. Charlotte Town is now known as Charlotte. The area had been settled by the heavily Presbyterian immigrants from Northern Ireland and Scotland known as the Scotch-Irish. Upon hearing of the Battles of Lexington and Concord, they had been outraged and the Declaration was the result.

The Mecklenburg Declaration

  1. That whosoever directly or indirectly abetted or in any way, form or manner countenanced to unchartered & dangerous invasion of our rights as claimed by G. Britain is an enemy to this County – to America & to the inherent & inaliable rights of man.
  2. We the Citizens of Mecklenburg County do hereby desolve the political bands which have connected us to the Mother Country & hereby absolve ourselves from all allegiance to the British crown & abjure all political connection, contract or association with that nation who have wantonly trampled on our rights & liberties & inhumanely shed the innocent blood of American patriots at Lexington.
  3. We do hereby declare ourselves a free and independent people – are & of right ought to be a sovereign & self-governing association, under the controul of no power other than that of our God & the general government of the congress, to the maintainence of which independence civil & religious we solemnly pledge to each other our mutual cooperation, our lives, our fortunes & our most sacred honor.
  4. As we now acknowledge the existence & controul of no law or legal officers, civil or military, within this County, we do hereby ordain & adopt as a rule of life, all, each & every of our former laws – wherein nevertheless the crown of great britain never can be considered as holding rights, privileges, immunities, or authority therein.
  5. It is also further decreed that all, each & every military officer in this County is hereby reinstated in his former command & authority, he acting conformably to these regulations. And that every member present of this delegation shall henceforth be a civil officer, viz. a Justice of the peace in the character of a ‘Committee-man’ to issue process, hear & determine all matters of controversy according to sd. adopted laws – to preserve peace, union & harmony in sd. County & to use every exertion to spread the love of country & fire of freedom throughout America until a more general & organized government be established in this province. A selection from the members present shall constitute a Committee of public safety for sd. County.
  6. That a copy of these resolutions be transmitted by express to the President of the Continental Congress assembled in Philadelphia, to be laid before that body.
    Ephraim Brevard
    Hezekiah J. Balch
    John Phifer
    James Harris
    William Kennon
    John Foard
    Richard Barry
    Henry Downs
    Ezra Alexander
    Charles Alexander
    Zaccheus Wilson
    Waightstill Avery
    Benjamin PattonMatthew McClure
    Neil Morrison
    Robert Irwin
    John Flennegin
    David Reese
    William Graham
    John Queary
    Hezekiah Alexander
    Adam Alexander
    John Davidson
    Richard Harris
    Thomas Polk
    Abraham AlexanderJohn McKnitt Alexander

While there still exists much controversy on the authenticity of the Declaration, none exists with regard to the Resolves adopted on May 31, 1775. Captain James Jack of Charlotte was sent with a copy of the resolves and a letter to the North Carolina delegates to the Continental Congress requesting their approval by Congress.

The Mecklenburg Resolves

This day the Committee of this County met, and passed the following Resolves:
WHEREAS by an Address presented to his Majesty by both Houses of Parliament in February last, the American Colonies are declared to be in a state of actual rebellion, we conceive that all Laws and Commissions confirmed by, or derived from the Authority of the king or Parliament, are annulled and vacated, and the former civil Constitution of these Colonies for the present wholly suspended. To provide in some Degree for the Exigencies of the County in the present alarming Period, we deem it proper and necessary to pass the following resolves, viz.
1. That all Commissions, civil and military, heretofore granted by the Crown, to be exercised in these Colonies, are null and void, and the Constitution of each particular Colony wholly suspended.
2. That the Provincial Congress of each Province, under the Direction of the Great Continental Congress, is invested with all legislative and executive Powers within their respective Provinces; and that no other
Legislative or Executive does or can exist, at this Time, in any of these Colonies.
3. As all former Laws are now suspended in this Province, and the Congress have not yet provided others, we judge it necessary, for the better Preservation of good Order, to form certain Rules and Regulations for the internal Government of this County, until Laws shall be provided for us by the Congress.
4. That the Inhabitants of this Country do meet on a certain Day appointed by this Committee, and having formed themselves into nine Companies, to wit, eight for the County, and one for the Town of Charlotte, do choose a Colonel, and other military Officers, who shall hold and exercise their several Powers by Virtue of this Choice, and independent of Great-Britain, and former Constitution of this Province.
5. That for the better Preservation of the Peace, and Administration of Justice, each of these Companies do choose from their own Body two discreet Freeholders, who shall be impowered each by himself, and singly, to decide and determine all Matters of Controversy arising within the said Company under the Sum of Twenty Shillings, and jointly and together all Controversies under the Sum of Forty Shillings, yet so as their Decisions may admit of Appeals to the Convention of the Select Men of the whole County; and also, that any one of these shall have power to examine, and commit to Confinement , Persons accused of Petit Larceny.

6. That those two Select Men, thus chosen, do, jointly and together, choose from the Body of their particular Company two Persons, properly qualified to serve as Constables, who may assist them in the execution of their Office.
7. That upon the Complaint of any Person to either of these Select men, he do issue his Warrant, directed to the Constable, commanding him to bring the Aggressor before him or them to answer the said Complaint.
8. That these Eighteen Select Men, thus appointed, do meet every third Tuesday in January, April, and October, at the Court-House in Charlotte to hear and determine all Matters of Controversy of Sums exceeding Forty Shillings; also Appeals: And in Cases of Felony, to commit the Person or Persons convicted thereof to close Confinement, until the Provincial Congress shall provide and establish Laws and Modes of Proceeding in Such Cases.

9. That these Eighteen Select Men, thus convened, do choose a Clerk to record the Transactions of the said Convention; and that the said Clerk, upon the Application of any Person or Persons aggrieved, do issue his Warrant to one of the Constables, to summons and warn the said Offender to appear before the convention at their next sitting, to answer the aforesaid Complaint.
10. That any Person making Complaint upon Oath to the Clerk, or any Member of the Convention, that he has Reason to suspect that any Person or Persons indebted to him in a Sum above Forty Shillings, do intend clandestinely to withdraw from the County without paying such Debt; the Clerk, or such Member, shall issue his Warrant to the Constable, commanding him to take the said Person or Persons into safe Custody, until the next sitting of the Convention.

11. That when a Debtor for a Sum below Forty Shillings shall abscond and leave the County, the Warrant granted as aforesaid shall extend to any Goods or Chattels of the said Debtor as may be found, and such Goods or Chattels be seized and held in Custody by the Constable for the space of Thirty Days; in which Term if the Debtor fails to return and discharge the Debt, the Constable shall return the Warranty to one of the Select Men of the Company where the Goods and Chattels were found, who shall issue Orders to the Constable to sell such a part of the said Goods as shall amount to the Sum due; that when the Debt exceeds Forty Shillings, the Return shall be made to the Convention, who shall issue the Orders for Sale.
12. That Receivers and Collectors for Quitrents, Public and County Taxes, do pay the same into the Hands of the Chairman of this Committee, to be by them disbursed as the public Exigencies may require. And that such Receivers and Collectors proceed no farther in their Office until they be approved of by, and have given to this Committee good and sufficient Security for a faithful return of such Monies when collected.

13. That the Committee be accountable to the County for the Application of all Monies received from such Officers.
14. That all these Officers hold their Commissions during the Pleasure of their respective Constituents.
15. That this Committee will sustain all Damages that may ever hereafter accrue to all or any of these Officers thus appointed, and thus acting, on Account of their Obedience and Conformity to these Resolves.

16. That whatever Person shall hereafter receive a Commission from the Crown, or attempt to exercise any such Commission heretofore received, shall be deemed an Enemy to his Country; and upon Information being made to the Captain of the Company where he resides the said Captain shall cause him to be apprehended, and conveyed before the two Select Men of the said Company, who, upon Proof of the Fact, shall commit him the said Offender into safe Custody, until the next sitting of the Convention, who shall deal with him as Prudence may direct.
17. That any Person refusing to yield Obedience to the above Resolves shall be deemed equally criminal, and liable to the same Punishments as the Offenders above last mentioned.
18. That these Resolves be in full Force and Virtue, until Instructions from the General Congress of this Province, regulating the Jurisprudence of this Province, shall provide otherwise, or the Legislative Body of Great-Britain resign its unjust and arbitrary Pretentions with Respect to America.
19. That the several Militia Companies in this county do provide themselves with proper arms and accoutrements, and hold themselves in constant Readiness to execute the commands and Directions of the Provincial Congress, and of this committee.
20. That this committee do appoint Colonel Thomas Polk, and Doctor Joseph Kennedy, to purchase 300 lb. of Powder, 600 lb. of Lead, and 1000 Flints; and deposit the same in some safe place, hereafter to be appointed by the committee.
Eph. Brevard, Clerk of the Committee.
Singed by Order of the Committee.

This document was printed in the North Carolina Gazette on June 16, 1775, and the Cape-Fear Mercury on June 23, 1775. There was a slight variation in wording in the two newspapers.

 So on this day as we honor the Nation’s Founders and the Declaration of Independence of 1776, let us also honor these men from a provincial North Carolina backwater who recognized that our future lay in independence from Great Britain.

Tell Me This Is Not Retribution!

Michael Cargill is the owner of Central Texas Gun Works in Austin. He is also the plaintiff in Cargill v. Garland which successfully challenged the BATFE’s ban on bump stocks. The 5th Circuit Court of Appeals found for Cargill in an en banc appeal in January. The US Justice Department appealed that decision to the Supreme Court and is seeking a writ of certiorari.

With that as a background, I find the following full blown audit of Central Texas Gun Works by BATFE inspectors as rather suspicious.

It would be hard to convince me that this is a normal routine inspection and not an effort at retribution by the Justice Department and their henchmen at BATFE. Given the Biden Administration’s new policy of “zero tolerance”, one is left to wonder if they are not seeking a way – anyway! – to put Cargill out of business. I don’t think two misspellings of the city name “Austin” are worthy of it but one never knows with the BATFE.

As with the IRS raid on a gun store in Montana, I think it is time for publicity by the representatives and senators from Texas. While the representative who covers the district where the store is located, Rep. Lloyd Doggett (D-TX-37), is an anti-gun tool in the pockets of the Demanding Moms, Senators Ted Cruz (R-TX) and John Cornyn (R-TX) need to step up and start asking questions.

If you are a Texan reading this, call Cruz and Cornyn and demand they get answers. Being an out-of-stater they don’t have to listen to me but they sure need to listen to a constituent.

Join SAF If You Want Pistol Brace Protection

Less than a half hour ago, I received an email from the Second Amendment Foundation which I found to be brilliant. It arrived while I was still writing my last post. It observed that given Judge Boyle’s denial of intervenor status for the NRA and its members, NRA members can join SAF and get protected by the preliminary injunction like the rest of SAF’s members.

BELLEVUE, WA – The federal judge presiding over a Second Amendment Foundation challenge to the Biden administration’s new arm brace rule has denied a request by the National Rifle Association to intervene in an effort to get the same protections for its members as SAF members have been granted.

However, the order denying NRA’s intervention does not mean NRA members are out of luck, said SAF founder and Executive Vice President Alan M. Gottlieb. They can join SAF and be covered under the judge’s ruling issued last month. The case is known as SAF, et.al. v. ATF, et. al.

“While we’re certain NRA members are disappointed,” Gottlieb said, “by joining SAF they can get the protection of the judge’s ruling.”

SAF offers several different tiers of memberships, available at https://www.saf.org/join-saf/. Annual membership is $15, a five-year membership is $50 and a life membership is $150. Membership is effective upon date of receipt. For questions regarding membership, please contact info@saf.org.

In her ruling, U.S. District Judge Jane J. Boyle wrote, “For intervention as of right, the NRA’s motion fails on two independent grounds. First, the Court finds the NRA’s application for intervention is not timely. Second, the Court finds the NRA’s interests are adequately represented by the current Plaintiffs…In sum, the NRA knew of the Rule more than a year before it moved to intervene, and the NRA had no basis to assume a nationwide injunction would be issued in this case. Moreover, allowing an intervention under these circumstances risks incentivizing opportunistic “injunction shopping” under the auspices of “timely” interventions to protect a threatened interest. The NRA’s Motion is not timely.”

SAF is joined in the case by Rainier Arms, LLC and two private citizens, Samuel Walley and William Green. They are represented by attorney Chad Flores at Flores Law in Houston, Texas.

“We will definitely welcome any NRA members wanting to join SAF,” said Executive Director Adam Kraut.

NRA’s Attempt To Intervene Denied

The NRA sought to intervene in the Second Amendment Foundation’s case entitled Second Amendment Foundation et al v. BATFE. (corrected case title) This is a case challenging the Biden pistol-brace ban. As with Mock v. Garland, the plaintiffs including all members of the Second Amendment Foundation were covered by the injunction against the enforcement of the pistol-brace ban while the 5th Circuit Court of Appeals is taking up the issue. When the NRA sought to intervene, the Second Amendment Foundation did not oppose this motion but it was opposed by the Bureau of Alcohol, Tobacco, Firearms, and Explosives.

At this point, I think it is important to note that the brief and motion of the NRA seeking intervenor status in this case was signed by William Brewer III as the attorney of record. At the time the NRA filed to intervene, I found it more than surprising as Brewer has little to no expertise in Second Amendment law.

Today in a 12 page Memorandum Opinion and Order, US District Court Judge Jane Boyle denied the NRA’s motion for intervenor status. The net result is that NRA members are not covered by the injunction against enforcement of the pistol-brace ban.

The Federal Rules of Civil Procedure allow intervention by another party in two ways. One is by right and the second is by permission of the judge if he or she finds it warranted.

An intervention by right must be timely. That is a threshold requirement which must be met. Judge Boyle found the NRA’s motion was not timely. After reviewing some of the history of this case which began long before the pistol-brace ban was even finalized, she concluded:

On those facts alone, it is hard to conclude that the NRA’s Motion to Intervene is timely. But the unusual circumstances of this case further militate against such a finding. Specifically, despite knowing of the Rule and Plaintiffs’ limited injunction request, the NRA only sought to intervene once this Court granted Plaintiffs’ motion for preliminary injunction pending the Fifth Circuit appeal in Mock. To find intervention timely under these circumstances would seemingly incentivize “injunction shopping” among putative intervenors seeking to challenge agency actions.

Judge Boyle goes on to add that the NRA knew of the BATFE’s proposed rule for more than a year before it moved to intervene. She then goes on to say that the interests of the NRA members will be adequately represented by the plaintiffs in this case.

In terms of the case for a permissive intervention, Judge Boyle found the same considerations that prevented intervention by right also applied here. Namely that the NRA’s interests are adequately represented by the existing plaintiffs. She notes that any ruling to the contrary would create a “perverse” precedent for potential intervenors to go case shopping for cases where a preliminary injunction had already been granted. Accordingly, she denied the NRA’s motion to intervene on both by right and by permission.

Given this ruling, the NRA will need to hope for success in their case in North Dakota which they are backing. That case, Firearms Regulatory Accountability Coalition v. Garland, does not seem to have any injunctions issued as of now.

Chalk up this denial as another loss in court by Bill Brewer while representing the NRA and taking as much of the member’s money as possible.

Reason For Slow Blogging

Blogging has been slow this week due to grandparent duty. Our younger daughter is serving as a volunteer to help facilitate the Get Your Teach On National Conference in Dallas. It draws over 6,500 teachers from around the country. As my son-in-law had to work during the day, we stepped up.

As you can see, it involves keeping little girls’ occupied. We are playing “Project Makeover” on my iPad.

Some things actually take precedence over blogging especially if it involves two little girls who love grandpa.

Cold Bluing Parts

I am not a gunsmith nor do I play one on television. That said, I like to be able to do minor things such as mount a scope or assemble an AR lower. I can add something new to my repertoire – cold bluing.

I am having a friend help me re-barrel my older Savage 111 to .338-06 A-Square. Since I was going to all this trouble I thought I should put a new recoil lug on it. The factory recoil lug is stamped whereas a high quality machined lug would be parallel front and back. I got one in 4140 alloy steel from Pacific Tool and Gauge that was 0.228 inches thick. I could have gone with stainless but the rest of the rifle is blued.

To protect the steel from rusting, I could have just painted it with anything from Rust-Oleum to VHT auto paint. However, paint can chip. What doesn’t chip is bluing nor does it change the dimensions of the part. I don’t have access to a hot bluing tank and rust bluing would have taken more time than I wanted to devote to this. So that left cold bluing. There were many different products to choose from but eventually I went with Brownell’s Formula 44/40 Instant Gun Blue which I ordered from Amazon. I have chatted with a tech at Brownell’s before I placed my order and he confirmed it would work on my steel alloy.

Photo from Brownell’s website

The whole process could not have been simpler. I think from start to finish it took less than 20 minutes while sitting at our kitchen table. I started by cleaning all the oils off the recoil lug with brake cleaner (outside!). I cleaned it twice. While it was drying I assembled some Q-tips, cotton balls, and gauze. Then, while wearing nitrile gloves, I heated up the lug using a hair dryer. When it was hot to the touch, I applied the first coat of Formula 44/40 and then wiped it off. I ran it under hot water to neutralize the bluing and then dried it off. Checking it over, I decided a second coat was needed and repeated heating it with a hair dryer. I gave the lug a good, liberal coat of the bluing and then wiped it off. After rinsing in hot water again, I coated it in Ballistol gun oil and put it in a ziplock bag. The lug now has a dark blue matte finish which will match the rest of the rifle.

I’m not sure if I’d do a whole gun or even a barrel with cold bluing but for a small part it was perfect. I think it is also great for touching up scratches or wear spots. As to the Brownell’s Formula 44/40, it worked well for me. Brownells also has Oxpho-Blue which has a good reputation. Birchwood Casey is another company making a number of cold bluing products. As with all things, ask questions and go from there.