Where The 1A Meets The 2A

As I mentioned the other day, the website sponsored by a coalition of civil rights groups was threatened by prosecution if they didn’t take down certain code files. CodeIsFreeSpeech.com was put up after the anti-gun Attorney General of Washington State and a host of fellow traveler AGs went to court to suppress computer code assembled by Defense Distributed. These groups were not a party to that lawsuit and were not enjoined from distributing them on the Internet.

It turns out that the threat of prosecution came from New Jersey Attorney General Gurbir Grewal. Grewal had demanded server company Cloudfare delete CodeIsFreeSpeech.com’s files or charges would be filed for them being in violation of a NJ state law.

Grewal had been recently successful in getting a lawsuit against him by Defense Distributed filed in the State of Texas dismissed on the grounds that it should have been brought in New Jersey. Mind you, that the dismissal was not on the merits of the case but rather merely whether a US District Court in Texas had jurisdiction.

He should have remembered the old saying, “Be careful what you wish for”, as suit has now been filed in US District Court for the District of New Jersey. Now he will not be facing just Defense Distributed but also the Second Amendment Foundation, the Firearms Policy Coalition, the Firearms Policy Foundation, the Calguns Foundation, and CAL-FFL. The individual plaintiff in the case is Brandon Combs who is executive director of the Calguns Foundation and president of both the Firearms Policy Coalition and the Firearms Policy Foundation. So now Grewal is not facing merely one plaintiff but six institutional plaintiffs and one individual plaintiff.

In a press release sent out yesterday, the groups had this to say about the lawsuit:

TRENTON, N.J. (February 5, 2019) — Today, attorneys for six advocacy organizations and one individual, Firearms Policy Coalition founder Brandon Combs, filed a new lawsuit and a motion seeking a restraining order and preliminary injunction against New Jersey Attorney General Gurbir Grewal. The case was filed just days after Grewal’s Office of the Attorney General sent a threat of prosecution to Cloudflare, a major Internet services company headquartered in San Francisco, about www.CodeIsFreeSpeech.com. A copy of key court filings can be viewed or downloaded at www.codeisfreespeechlawsuit.com.


According to the complaint, on Saturday, February 3 the CodeIsFreeSpeech.com website’s act of republishing some of Defense Distributed’s digital firearms information “was met with yet another of Grewal’s Orwellian take-down orders,” demanding that Cloudflare “delete all files described within 24 hours or [Grewal’s Office] will be forced to press charges.”


“By issuing a takedown demand against” the entire website, “Grewal sought to compel the complete and total suppression of the political speech at CodeIsFreeSpeech.com, the links to other advocacy websites and their educational and political resources, links to political tee shirts, and even the very text of the United States Constitution itself,” the plaintiffs said in the filing. Attorneys for the plaintiffs also filed a motion seeking a temporary restraining order and preliminary injunction against Grewal. The Attorney General’s threats of prosecution and other civil enforcement actions under New Jersey laws, the plaintiffs say, violate their constitutional rights.


Last November, New Jersey Governor Phil Murphy signed a new speech crime into law, in Senate Bill 2465. Among other things, it created a new “third degree crime” for “a person to distribute by any means, including the Internet, to a person in New Jersey” certain kinds of speech, including “digital instructions in the form of computer-aided design files or other code or instructions stored and displayed in electronic format as a digital model that may be used to program a three-dimensional printer…”


CodeIsFreeSpeech.com “is a publicly available website for the publication and republication of truthful, non-misleading, non-commercial political speech and information that is protected under the United States Constitution,” the complaint says. “Its purpose is to allow people to share knowledge and empower them to exercise their fundamental, individual rights. It was created and developed during the week of July 22, 2018—long before the State enacted Senate Bill 2465.”


The plaintiffs are represented by attorneys Chad Flores, Daniel Hammond, and Hannah Roblyer of Texas-based Beck Redden LLP and Daniel L. Schmutter of New Jersey law firm Hartman & Winnicki.


The CodeIsFreeSpeech.com website can be additionally accessed through URLs GurbirGrewalisaTyrant.com and PhilMurphyisaTyrant.com.

The plaintiffs have filed a suit seeking declaratory and injunctive relief. Moreover, at the same time they also filed a motion for a temporary restraining order and a preliminary injunction. They are asking the court to declare the New Jersey law in violation of the First and Second Amendments, the Commerce Clause, and the Due Process and Equal Protection clauses of the 14th Amendment. Moreover, they want the court to declare Federal law preempts the New Jersey law and immunizes the plaintiffs from prosecution.

2019 NRA Board Of Directors Election – A Round-Up Of Endorsements

Voting members of the National Rifle Association – Life or higher members and five-year continuous annual members – should have received their Board of Directors ballot in the February 2019 issue of the NRA magazine that they have chosen. Mine came in my American Rifleman. The ballot this year contains 35 candidates. 33 of these candidates were chosen by the Nominating Committee and two are on the ballot as petition candidates. The Nominating Committee per their usual named a mix of politicians, celebrities, the usual hanger’s on, and, believe it or not, actual gun people.

Out of these 35 candidates, you are allowed to vote for up to 27. However, to be very blunt about it, if you vote for 27 people you are an idiot just checking boxes and you really don’t give a damn about who is on the board or the direction it takes. I say this because you are giving equal weight to both the best candidates and to the worst candidates out of the 27. If you bullet vote or pick a small number of candidates, then they stand a greater chance of actually being elected to the Board of Directors. In other words, the vote for your favorites isn’t diluted.

Lt. Col. Robert Brown of Soldier of Fortune magazine is a long-time NRA Board member who is not afraid of shaking things up. He traditionally publishes a list of his endorsements and this year is no exception. He has endorsed six people for election this year. They are Anthony Colandro, Tom King of the NY State Rifle and Pistol Assn, Adam Kraut, Willes Lee, former NRA President Jim Porter, and Dwight Van Horn. I think it is interesting to note the Lt. Col. Brown has endorsed the two candidates overlooked by the Nominating Committee – Adam Kraut and Anthony Colandro.

The hunting and conservation organization Safari Club International has endorsed Paul Babaz for the Board of Directors. Given he is their current president this is not surprising and should be expected. Babaz was appointed to the Board last year to fill an empty position and is up for election this year.

David Codrea is a journalist and blogger whom I greatly respect. He and the late Mike Vanderboegh were the ones who first brought the BATFE’s gun walking to light. Their articles on Project Gunwalker aka Operation Fast and Furious exposed the plan that ultimately led to congressional hearings and a finding of contempt for former Attorney General Eric Holder. David has endorsed only one person for the Board – Anthony Colandrobased upon his answer’s to David’s hard-hitting questionnaire.

Ammoland.com has been instrumental in collating a number of candidate statements and endorsements. In addition, they have asked that you consider both Anthony Colandro and Adam Kraut for the Board.

Knife Rights traditionally doesn’t make endorsements for the NRA Board of Directors. However, this year they are endorsing a few individuals running for the Board who also serve on their Advisory Board. They sent this out in an email on Jan 31st. The people they endorsed are Sandra Froman, Lt Col. Ollie North, Pete Brownell, Anthony Colandro, Esther Schneider, and Paul Babaz.

My friend Amanda Suffecool of Eye on the Target Radio is bullet voting for Willes Lee. On her ballot she also highlighted Ted Nugent, Oliver North, and Allen West as people she would endorse.

Rock Island Auctions is endorsing their president Kevin Hogan for the Board of Directors. The endorsement points out that in addition to being a collector, he has raised $2.1 million for NRA-ILA.

Lt. Col. Willes Lee has too many endorsements to count. Included in his list of endorsements are Alan Gottlieb of the Second Amendment Foundation, Maj Toure of Black Guns Matter, Kenn Blanchard, the Virginia Shooting Sports Association, and many others. You can find all of them on his Facebook photo page.

Of all the people issuing endorsements and recommendations, the one I examine most closely is that from Jeff Knox and the Firearms Coalition. I say this because I trust Jeff’s judgment, I recognize his unparalleled institutional memory regarding the NRA, NRA-ILA, and the Cincinnati Revolt, and because I think he truly loves both the NRA and the Second Amendment and he is willing to fight for both. Jeff has endorsed both Adam Kraut and Anthony Colandro for the Board. He goes on to say that he would give consideration to Mark Vaughan, Mark Geist, and Mark Robinson.


I think all of these guys would probably be good additions to the Board, but it is very unlikely that all 5 can win seats, and every vote for one of them, reduces the likelihood of the others winning. It’s something of a conundrum, and there’s no simple solution.


Personally, I am going to cast a Bullet Vote with only Adam Kraut’s name marked.

As for myself, I’ll start by saying that I’ve long held that 90% of life is just showing up. Ted Nugent, Karl Malone, and Marion Hammer have not attended one BOD meeting to the best of my knowledge since winning election to the Board. I find that reprehensible. You either serve and show up or you resign. I don’t care if the reason for not showing up is due to a health issue, a family issue, or a prior commitment. Running for the NRA Board was a promise that you would serve and these people failed.

I’ve never been keen on the celebrities on the Board with the exception of R. Lee Ermey who took the role of serving on the Board seriously. The same goes for former politicians. I’d make allowances for Rep. Don Young (R-AK) as he is still in Congress and still carries weight.

People whom I consider worthy of your vote include Sandy Froman, Pete Brownell, Willes Lee (whom I consider a personal friend), and Adam Kraut (whom I also consider a personal friend). Mark Robinson of my hometown of Greensboro would also be worth your consideration. My fear with Mark is that he is a newbie to the defense of the Second Amendment and was nominated due to “optics”. However, I don’t doubt his sincerity in the least.

I think Sandy Froman, Pete Brownell, and Willes Lee have enough backing to get re-elected without my vote. I fear the same cannot be said of Adam Kraut and for that reason I will be bullet voting for him. I hope my friend Willes will understand.

Change needs to come to the NRA or we will have lost all we have won in the last few decades. I see the gun prohibitionists getting stronger, better organized, and certainly better funded. Their misleading messages are repeated daily by the mass media. In an era of changing demographics, they are doing a better job of targeting women and suburban voters as well as the younger voters. If the NRA doesn’t return to its Second Amendment roots and leave the broader social conservative commentary to other organizations, we will lose.

I think Adam is the change that the organization needs.

Threat Of Prosecution?

I got a cryptic text from a friend this morning sending me to www.codeisfreespeech.com. That is the website which has established after the Attorney General of Washington State challenged Defense Distributed‘s settlement with the Department of Justice regarding ITAR. The District Court granted an injunction against Defense Distributed’s ability to put its files on the Internet. Note that it only enjoined Defense Distributed and a couple of others. It didn’t enjoin the any of the coalition of civil rights groups that set up www.codeisfreespeech.com.

Here is what I found when I went to the website.

It says that file access was being restricted due to a threat of prosecution. I don’t know which government entity is threatening them and infringing on the right of free speech but I’m sure we will find in the near future.

As an aside,  I sat next to two guys from Defense Distributed on part of my trip home from the SHOT Show. They told me that the Ghost Gunner 2 mini-CNC machine would now be able to finish the Polymer 80 Glock-ish 80% lower as they had released the code to do it.

I Thought SHOT Show Crud Was A Myth

I have attended the NSSF’s SHOT Show for four years out of the last five. I had prided myself on not getting the supposed “SHOT Show crud” and thought it a bit of a myth.

I was wrong. It is not a myth. It is a real thing.

I was fine while in Las Vegas and on the extended plane trip home. However, on Monday I started getting a bit of a raspy throat and a tickle which led to a cough. Wednesday I started sneezing. If the “SHOT Show Crud” includes a typical winter cold, then I have the SHOT Show Crud.

My roommate for the SHOT Show was David Yamane of the GunCulture 2.0 blog. He took Airborne every morning and every evening. I should have done the same!

I was meticulous about hand washing and trying to stay hydrated as well as getting enough sleep. These are some of the preventives usually mentioned.

I just wish the pharmaceutical companies could come up with something like this for humans. If you can inoculate your dogs against the canine version of a cold, why not humans?