Month: June 2023

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Join SAF If You Want Pistol Brace Protection

June 30, 2023 by

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.

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NRA’s Attempt To Intervene Denied

June 30, 2023 by

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.

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Reason For Slow Blogging

June 29, 2023 by 2 Comments

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.

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Cold Bluing Parts

June 25, 2023 by 2 Comments

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.

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No Comment

June 21, 2023 by 2 Comments

The gun control industry is always pushing for new laws and regulations. You would think that they would also be interested in seeing existing laws being enforced as well as seeing equal justice under the law for “gun crimes”.

Given the release yesterday of news about Hunter Biden’s plea deal regarding his lying on the Form 4473 about his drug use, you would think that the major players such as Everytown, Giffords, and Brady would have something to say about it. Biden and prosecutors agreed to a Pretrial Diversion Agreement whereby the felony charge is dismissed if he complies with the agreement.

It seems that the gun control industry did have stuff to say yesterday but none of it involving the President’s wayward son.

Everytown said the shootings on Juneteenth highlighted the need “for action on gun violence (sic)”. On Twitter, they talked about stuff like so-called safe storage laws, urged the Senate to not to vote against Biden’s pistol brace ban, and touted the Bipartisan Safer Communities Act. Nothing was said about Hunter Biden nor was anything said about how an African-American mom was facing a probable 2-year sentence for the same crime as Biden.

Moving on to the Cult of Personality known as Giffords, what did they have to say about Biden. Nothing. Rather they lauded the Oregon legislature for passing legislation against DIY firearms which they call “ghost guns” (sic). On Twitter, the only mention of Biden by them was to say they knew the President would make good on his promise to work against “gun violence” (sic).

Finally, there is Brady United. Their only press releases were to say they are suing a gun store in Michigan regarding a straw purchase and that they have a new initiative to “harness ad agency and media company talent” to change America’s “gun culture narrative.” Herr Goebbels was not available for comment on the new initiative. Their Twitter feed had nothing about either Biden but a few posts on “Ask Day” which demands that parents ask other parents if they have firearms. Personally, I think they should be pushing for 100% tax credits for gun safes with no dollar limit but that’s just me.

I should note here that both the National Shooting Sports Foundation and the Citizens Committee for the Right to Keep and Bear Arms issued strongly worded statements denouncing the plea deal. Both pointed out the failure of the Biden Justice Department to uphold the law when it involved the President’s son.

So to sum it up, when the gun control industry had a chance to speak out about the failure to keep a firearm out of the hands of a person under the influence of drugs, they punted. They did not want to upset their cozy relationship with the Biden Administration by casting any aspersions upon either Biden father or Biden son.

Hypocrisy today, hypocrisy tomorrow, hypocrisy forever is their motto.

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A Tale Of Two Prosecutions

June 20, 2023 by 3 Comments

This is the tale of two prosecutions for the same crime. The crime involves lying on the Form 4473 where the buyer is asked whether he or she is an “unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance.” This is a violation of 18 USC §§ 922(g)(3) and 924(a)(2). It carries a sentence of up to 10 years imprisonment plus fines.

The first prosecution is of a 26 year old African-American women by the name of Deja Nicole Taylor. She lives in Newport News, Virginia. According to a press release from the US Attorney for the Eastern District of Virginia, police found marijuana and marijuana edibles in a search of her home as well as that of her mother where she was residing at the time of her arrest. She was charged with not only lying but being a user in possession of a firearm to which she has pleaded guilty. Combined she could face up to 25 years in prison.

Law Office of James Ellenson

Ms. Taylor’s real crime, in my opinion, was being negligent by leaving her Taurus pistol where her 6 year old son could take it to school and shoot his first grade teacher. She has been indicted under Virginia law for felony child neglect and a misdemeanor charge of “recklessly leaving a firearm so as to endanger a child.” She maintains she had a trigger lock on the pistol and had placed it on a high shelf. Even the Feds found a trigger lock when they search her home.

The Federal charges were a way of piling on to make an example of this young woman. Here are the comments by the US Attorney and the ATF SAC.

“It is clear from this case that enforcement of our existing federal firearm laws is critical to ensuring public safety,” said Jessica D. Aber, U.S. Attorney for the Eastern District of Virginia. “Federal requirements for firearm ownership are not optional and exist to protect owners, their family members, and the communities where they live. Failing to abide by those requirements when purchasing or possessing a firearm can have far-reaching consequences.”

“The safety of our communities is one of my utmost concerns and our efforts will always reflect that. I want to be clear, anyone that is an unlawful user of or addicted to controlled substances such as marijuana are prohibited from possessing firearms and ammunition under federal law,” said ATF Washington Field Division Special Agent in Charge Craig B. Kailimai. “ATF will continue to collaborate with our local, state, and federal partners to ensure that people who violate this condition of firearm ownership are held accountable for their actions.”

The second person being prosecuted for lying about being an unlawful user was not young, negligent, poor, or Black. Rather he is a graduate of Georgetown University and Yale Law School who has the utmost in connections both here and abroad. You might even call him the “fortunate son”.

Despite the graininess of this photo, I think you know who the second person is being prosecuted.

That’s correct. It is Robert Hunter Biden and the photo of him passed out with the crack pipe in his mouth is from his own laptop.

During 2018 when he was a heavy user of crack cocaine, Biden purchased a handgun from a dealer in Delaware. His own memoir, Beautiful Things, acknowledges his drug use. The handgun was eventually tossed into a dumpster by Hallie Biden, his brother’s widow and his lover, and only returned after being found by a dumpster diver.

Today the US Attorney for Delaware David Weiss filed a plea agreement with the District Court.

According to the plea agreement, Biden will plead guilty to two misdemeanor charges of failure to pay income tax. In addition, he will enter a Pretrial Diversion Agreement on the felony firearm charges whereby the charges are eventually dismissed so long as he lives up to the terms of the agreement.

So the “fortunate son” will get a slap on the wrist, do no time, and have no felony record. Meanwhile, the young, negligent, poor, and Black woman is facing up to 25 years in imprisonment in addition to the state charges. I will grant you that her pistol was used by her son to shoot his teacher but that is why there are state charges.

If there were truly equal justice under the law, Ms. Taylor would have gotten the same plea deal that Mr. Biden received. One might hope the judge in her case sees the deal offered to Biden and sentences her to something similar. Frankly, I doubt that will happen.

In the meantime, I’ll let John Fogarty and Creedence Clearwater Revival have the last word.

It ain’t me, it ain’t me

I ain’t no fortunate one, no, no, no

It ain’t me, it ain’t me

I ain’t no fortunate son, no, no, no

It ain’t me, it ain’t me…

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Wicked Cool Retelling Of Battle Of Bunker Hill

June 18, 2023 by 1 Comment

There is a serving Army officer who blogs and podcasts as “Angry Staff Officer”. He also is active on Twitter. I just read his retelling of the Battle of Bunker Hill which may have been assisted by a bit of gin.

John Trumball’s The Death of Gen. Warren at the Battle of Bunker Hill

He might of been a little pissed when he wrote it but it is still wicked cool to use the local vernacular.

Click where it says “Read all 34 tweets….”

There is something to be said for “drunjhistory”.

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Happy Father’s Day

June 18, 2023 by

Happy Father’s Day to all the dads of whatever kind out there.

My own father died over 42 years ago. I can’t say I think about him every day but I do wish I had more time with him. He was 62 and 10 days old when he passed away. I had intended to hire a fishing guide in Maine that summer and take him fishing. He died before we could take that trip. That was a reminder to not put off stuff.

While I don’t have any biological children, I do have two wonderful step-daughters thanks to the Complementary Spouse. I have been in their lives and they in mine for over 20 years now. The best gift I ever received from them is the framed picture which the younger one crafted herself.

So to all the dads out there, biological or otherwise, Happy Father’s Day.

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Happy National Bourbon Day

June 14, 2023 by 3 Comments

It is fitting that the true American spirit – bourbon – is celebrated on Flag Day. Both represent something uniquely American.

So today I would suggest is a great time to have a nip of bourbon. It doesn’t matter if it is in a cocktail, on the rocks, or neat. If you don’t wish to partake of anything alcoholic, you could still use bourbon to make a great tasting sauce as the alcohol will evaporate as you cook it leaving you with the wonderful flavor of bourbon.

I hesitate to even say this out loud but I probably have one too many bottles of bourbon in my collection. I know the Complementary Spouse would agree. I just can’t help myself when I see an interesting bottle that is not overpriced.

So tonight, after we get home, I think I will have a sip or two of the Parker’s Heritage Cognac Finished bourbon. It was the 5th edition of the special blendings of bourbon by the late Parker Beam who was the Master Distiller for Heaven Hill. What good is it to have a special bottle of bourbon if it just sits on the shelf lonely like an old dog waiting for its owner to give it some attention instead of playing with the new puppy.

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National Rifle Association and Implications for the Board of Directors By Rocky Marshall

June 14, 2023 by 9 Comments

Rocky Marshall, former NRA Director and business executive, sent out this opinion piece on the NRA’s finances. I published his earlier analysis on their finances back in February of this year as well as a guest post from January.

His post is below and is presented exactly as it was sent to me.

The following opinion presents an updated financial analysis of the National Rifle Association (NRA) by examining the correlation between US gun sales and NRA revenues. Based on the analysis, revenue projections are made, highlighting the potential catastrophe the NRA has created. 

The correlation analysis comparing US gun sales and NRA revenues reveals a consistent revenue coefficient of $12 per gun sold. Utilizing this coefficient, projections are made for the NRA’s revenues based on the number of guns sold from January to May 2023, which annualizes to 16.2 million units. Accordingly, estimated revenues for January to May are $81.4 million, with a forecast of $195 million for the entire year.

Estimated
Jan-MayJan-Dec
NRA 990 IRS Reports20202021202220232023
Total NRA Revenue282,030,375227,419,952205,314,00081,418,224195,403,738
US Gun Sales (in units)21,799,81318,868,92116,550,3406,784,85216,283,645
Revenue$/Guns Sold Ratio1312121212

However, these projections starkly contrast with the NRA’s budget of $230 million, which appears unrealistic given the current downward trends and decline in gun sales. This raises concerns about the organization’s financial sustainability, particularly considering the anticipated legal expenses that may further strain its finances.

The Board of Directors plays a critical role in overseeing an organization’s financial management, ensuring transparency, and upholding accountability. However, in the case of the NRA, there are indications of a lack of transparency, as financial information is being withheld from Directors. This lack of disclosure suggests potential complicity in deceptive practices.

During the most recent NRA board meeting, no Directors questioned the financials or expressed concerns about the possibility of insolvency. This negligence is concerning, as it reflects a failure to fulfill their core responsibilities in safeguarding the NRA’s financial health and future.

This level of negligence exhibited by the NRA Directors is reminiscent of the children’s nursery rhyme; “The Three Blind Mice,” wherein the mice run around aimlessly until being caught by the Farmer’s wife. Not only has the NRA Board lost not only it’s sight, but also the ability to speak and question the deceptions that are presented at Board meetings.

The NRA’s financial crisis demands immediate attention and action. The alarming revenue projections, coupled with the lack of transparency and negligence displayed by the Board of Directors, pose significant threats to the organization’s survivability. Unfortunately, the NRA Board inactions and wonted neglect suggests they do not give a damn!

Source Gun Sales Data: National Instant Criminal Background Check System (NICS), run by the FBI