Firearms Policy Coalition Is Preparing For Litigation On Bump Stocks

President Donald Trump, the black letter law notwithstanding, told the nation’s governors on Monday that he is “writing out” bump fire stocks.

“Bump stocks, we are writing that out. I am writing that out,” he said, addressing a group of state governors at the White House. “I don’t care if Congress does it or not, I’m writing it out myself.”

The president’s comments come after the Feb. 14 shooting at a Florida high school that left 17 students and staff dead. Last week, he directed the Department of Justice to create regulations that ban bump stocks.

Trump also said bump stocks should be put into the same category as certain firearms, making it “tough” to get them.

“You do a rule, have to wait 90 days,” he said. “That’s sort of what’s happening with bump stocks. It’s gone, don’t worry about it. It’s gone, essentially gone, because we are going to make it so tough, you’re not going to be able to get them. Nobody’s going to want them anyway.”

Now yesterday, Attorney General Jeff Sessions said he thinks the Department of Justice has the legal authority to prohibit bump fire stocks.

“We believe in that, and we have had to deal with previous [Bureau of Alcohol, Tobacco, Firearms and Explosives] ATF legal opinions, but our top people in the Department of Justice have believed for some time that we can, through regulatory process, not allow the bump stock to convert a weapon from a semi-automatic to a fully automatic,” Sessions told state attorneys general, according to Reuters.

ATF has previously said that it does not have the authority to regulate bump stocks, which increase the firing rate of semi-automatic rifles.

For once, I think BATFE actually got it right when they said they don’t have the authority to regulated bump fire stocks. So does the Firearms Policy Coalition.

They have retained attorneys Joshua Prince and Adam Kraut of the Firearms Industry Consulting Group to submit their response when the rulemaking is announced and to help with any litigation related to the rulemaking. They have promised to go to court if any rule banning bump fire stocks is adopted without any Congressional change in the law.

From their release sent out Monday evening:

WASHINGTON, D.C. (February 26, 2018) — In a press conference today, President Donald Trump
said
that, “I don’t care of Congress does it or not, I’m writing [so-called
‘bump stocks’] out myself.” In response to these troubling statements,
constitutional rights advocacy organizations
Firearms
Policy Coalition
(FPC) and
Firearms
Policy Foundation

(FPF) have announced that they have retained attorneys Joshua Prince
and Adam Kraut
of the Pennsylvania-based Firearms Industry Consulting
Group, a division of Civil
Rights Defense Firm, P.C., to submit their legal opposition to any
rulemaking and begin preparing for litigation.
 Last month,
FPC
submitted a legal letter of opposition

to the Bureau of Alcohol, Tobacco, Firearms and Explosives’ advanced
noticed of proposed rulemaking on the “Application of the Definition of
Machinegun
to Bump Fire Stocks and Other Similar Devices.” In its comments, FPC
explained that the “DOJ and BATFE clearly lack the statutory authority
to re-define the targeted devices as ‘machineguns’,” and that these
ATF-approved and legally-possessed devices could
not be regulated firearms under the statutes.
 FPC and FPF oppose
restrictions on the acquisition, possession, carry, transportation, and
use of semi-automatic firearms, ammunition, and firearm parts and
accessories by law-abiding people.
 “We will use every resource
and remedy available to us in our ongoing defense of the Constitution,
the rights it protects, and millions of law-abiding American people”
said FPC President Brandon Combs. “While we would
prefer to block any executive action or rulemaking that would ban
currently-legal firearms parts before it becomes law, we would not
hesitate to file a federal lawsuit to protect the rights and legal
personal property of gun owners if that’s what it takes.”
 Those who wish to support
FPC and FPF’s efforts to oppose executive branch gun control and support
legal action a can make tax-deductible donation at
www.defendgunparts.com.
Individuals can become a member of FPC at
www.firearmspolicy.org/join. Firearms Policy Coalition (www.firearmspolicy.org)
is a 501(c)4 grassroots nonprofit
organization. FPC’s mission is to protect and defend the Constitution
of the United States, especially the fundamental, individual Second
Amendment right to keep and bear arms.
 Firearms Policy Foundation (www.firearmsfoundation.org)
is a 501(c)3 grassroots nonprofit organization. FPF’s mission is to
defend the Constitution
of the United States and the People’s rights, privileges and immunities
deeply rooted in this Nation’s history and tradition, especially the
inalienable, fundamental, and individual right to keep and bear arms.
 Firearms Industry Consulting Group
(www.firearmsindustryconsultinggroup.com) represents individuals,
organizations, firearms licensees, and others
located across the United States in all matters relating to firearms
and ATF compliance. FIGG is a division of Civil Rights Defense Firm,
P.C.
 

As an aside, the Adam Kraut mentioned in the release is the same Adam Kraut running for the NRA Board of Directors and the same Adam Kraut I have wholeheartedly endorsed. 

Is $5,200 The Price Of A Politician?

Since the murders at Marjory Stoneman Douglas HS in Parkland, Florida, there has been a great debate going on about whether or not teachers and administrators should be armed or, at least, have that option. There are a number of states that do allow it. Moreover, there are fantastic programs like FASTER Saves Lives in Ohio and Colorado that will actually train faculty and administrators in violence response for free.

The North Carolina Superintendent of Public Instruction is Mark Johnson. He is a Republican from Winston-Salem who had served on the Winston-Salem Forsyth County Board of Education prior to running for this office.

Johnson posted on Twitter his position on arming North Carolina’s teachers.

As the Raleigh News and Observer points out about the tweet above, Johnson wants firearms on campus restricted to “these trained, uniformed law-enforcement professionals who courageously choose a career protecting citizens from violent threats.” If the armed Broward County Sheriff’s Department school resource officer had acted as he should have to save student lives, then perhaps I wouldn’t have so much trouble with this statement.

The real trouble I have with Johnson’s statement against arming teachers is that I suspect he is dancing to the tune of one of his largest campaign donors. On December 16, 2015, Johnson’s campaign committee received a check for $5,100 from none other than Michael Bloomberg. Ten days later, Bloomberg’s daughter Emma made an additional $100 donation to Johnson’s campaign for a total of $5,200 from the Bloomberg family. Having scanned all his financial disclosure reports, Johnson only had three or four other donors who each gave $5,100.

As I wrote back in March 2016, seeing such a significant donation from Michael Bloomberg to a candidate for a Council of State office in North Carolina made me feel wary. It didn’t make sense back then but it certainly makes sense now.

So the question for Mark Johnson is $5,200 the going rate for putting the school children of North Carolina at risk?

Tom Fuentes – CNN’s Expert On How Women Carry Firearms

Let’s be frank here. Tom Fuentes, retired Assistant Director of the FBI and CNN’s Law Enforcement Analyst, is ignorant. I might even go so far as to say he is a misogynist. He doesn’t think women can carry concealed on their person other than in an outside the waistband holster with a heavy belt. Moreover, he gives the impression that this is the only way to carry.

The women at A Girl and A Gun Shooting League wish to disagree.

From a release they sent out this afternoon:

CNN Analyst: Women Carrying Guns Is Not Practical

On February 24 CNN law enforcement analyst Tom Fuentes asked the question, “For a woman, where are you going to hide that gun during the day?” He continued with another question, “If you wear a dress, if you wear a skirt, are you going to have to wear a jacket everyday with a belt and a holster the way a detective on duty would do?”

Yes, he actually asked those questions on national television in 2018. Dave Marris captured Tom Fuentes’ comments on his Facebook page.

It is unfortunate that someone with such a public persona and lengthy career in the FBI is so ignorant about women and our ability to carry a firearm. Never before have their been more products available specifically tailored to women’s needs. There are holsters designed for all areas of a woman’s body that can be easily and safely concealed under everyday clothing. The traditional OWB holster that Mr. Fuentes references is used by some women who prefer to wear jackets or overshirts to cover the firearm, but that is only one option. There are quality holsters for inside the waistband (front, side, or back), corset/bellyband, bra mounted (both front and side), thigh and ankle holsters, boot holsters, and others. Millions of women know how to evaluate a concealed carry holster for EDC safety and functionality.

Secondly, firearms themselves have become smaller and easier to conceal. It is not uncommon for women to have a variety of pistols that conceal better with different wardrobe choices or activities. We recently compiled a list of the best concealed carry handguns that our female pistol instructors carry on a daily basis. There are dozens of quality firearms on the market that are perfect for on-body carry for men and women to easily conceal. These firearms are secured safely in a holster unless the person determines, under the law, that lethal force is required.

Finally, firearm safety is not a gender issue. All people must always follow the 4 Rules of Gun Safety. There are 3 safe places for a self-defense pistol and all men and women must adhere to these principles. Mr. Fuentes jested that a woman would leave her concealed carry pistol in her desk drawer and he showed his ignorance to the emphasis that our organization puts on the safe storage of firearms.

We invite Mr. Fuentes and his colleagues at CNN to become more familiar with female gun owners, our gun-carrying lifestyle, values, and abilities. Many women come into gun ownership with the primary purpose of protecting themselves. They turn to A Girl & A Gun for holster information and responsible firearms training. We welcome them to the mindset of being their own first responders by carrying a handgun and taking charge of their personal safety and the safety of their loved ones.

UPDATE: Kathy Jackson of the Cornered Cat gives her response to Tom Fuentes along with suggestions for how women can look both very stylish and carry at the same time.

He wasn’t really asking, of course. He was just explaining that women really can’t manage the complex, manly task of carrying a gun. Based on his wide experience as being a woman who carries a gun, I guess?

This would pretty well be the definition of ‘mansplaining’ — not a word that I’m generally a fan of, but it fits. Fuentes, who is not a woman, felt it necessary to explain on national television that women cannot discreetly carry a gun.

News to me.

Guns, Politics, And Freedom Radio

I was a guest yesterday on Episode 24 of the Guns, Freedom, and Politics radio show with Paul Valone. We discussed the failures of law enforcement at Marjory Stoneman Douglas H.S., President Trump’s gun control proposals, the media narrative of events, and what would have worked.

Paul suggested everyone call the White House comment line at 202-456-1111 to let him know where you stand on his proposals regarding bump fire stocks, raising the age to purchase a long arm, and universal background checks. The key thing regarding bump fire stocks is not the stocks themselves but rather if it is interpreted to include anything that might accelerate the rate of fire such as a trigger job, Geissele or Timney triggers, or a different buffer weight.

Paul has made the recording available as a YouTube video. You may want to subscribe to his page so you don’t miss future shows.

Gunsite Steps Up

The Colonel would be proud. Gunsite Academy has stepped up to offer a free Gunsite 250 class to school superintendents, school board presidents, and assistant superintendents. This is an effort to educate them and help them formulate policies that would keep their students safe. A Gunsite 250 pistol class normally costs $1,750.

For Those In Florida

Florida Carry issued a call late last week for legislators to eliminate gun-free zones, to authorize teachers with a CWFL to be allowed to carry in schools, and to immediately provide funding for a FASTER program.

If you live in Florida, it’s time to hit these legislators up.

On Friday, Feb 16th, Florida Carry called for the Florida Legislature to immediately:
  1. Pass emergency legislation to eliminate gun-free zones for law-abiding concealed carry licensees;
  2. Pass
    emergency legislation authorizing all teachers in public schools who
    possess a CWFL to carry their licensed, concealed firearm if they so
    choose, without repercussion; and
  3. Provide
    immediate funding of one million dollars in grants for county school
    boards and sheriffs to implement pilot programs of the
    Faculty/Administrator Safety Training and Emergency Response (FASTER) Program in the State of Florida.
Today, the legislature is under attack.
The candidates who came to us as Florida Gun Owners during the primaries have now become lawmakers.
Those lawmakers are now being pressured in to selling us out.
We have offered effective solutions to the violence of evil people.  Far too many legislators are not listening…
We have called for the legislature to fund FASTER
Investigate the non-response of the Broward County Sheriff’s office to a clear and present danger, to demand that the FBI account for its failure to investigate multiple reported threats, Recognize that “gun free zones” are not free of criminal violence, and Provide for the lawful defence of FL students.  

Contact your legislators.
larry.ahern@myfloridahouse.gov
ben.albritton@myfloridahouse.gov
thad.altman@myfloridahouse.gov
brian.avila@myfloridahouse.gov
halsey.beshears@myfloridahouse.gov
michael.bileca@myfloridahouse.gov
jim.boyd@myfloridahouse.gov
jason.brodeur@myfloridahouse.gov
daniel.burgess@myfloridahouse.gov
colleen.burton@myfloridahouse.gov
cord.byrd@myfloridahouse.gov
matt.caldwell@myfloridahouse.gov
charles.clemons@myfloridahouse.gov
richard.corcoran@myfloridahouse.gov
robert.cortes@myfloridahouse.gov
travis.cummings@myfloridahouse.gov
jose.diaz@myfloridahouse.gov
manny.diaz@myfloridahouse.gov
byron.donalds@myfloridahouse.gov
brad.drake@myfloridahouse.gov
jay.fant@myfloridahouse.gov
randy.fine@myfloridahouse.gov
jason.fischer@myfloridahouse.gov
heather.fitzenhagen@myfloridahouse.gov
julio.gonzalez@myfloridahouse.gov
tom.goodson@myfloridahouse.gov
erin.grall@myfloridahouse.gov
james.grant@myfloridahouse.gov
michael.grant@myfloridahouse.gov
joe.gruters@myfloridahouse.gov
bill.hager@myfloridahouse.gov
gayle.harrell@myfloridahouse.gov
shawn.harrison@myfloridahouse.gov
blaise.ingoglia@myfloridahouse.gov
clay.ingram@myfloridahouse.gov
sam.killebrew@myfloridahouse.gov
mike.larosa@myfloridahouse.gov
chris.latvala@myfloridahouse.gov
thomas.leek@myfloridahouse.gov
marylynn.magar@myfloridahouse.gov
amber.mariano@myfloridahouse.gov
ralph.massullo@myfloridahouse.gov
stan.mcclain@myfloridahouse.gov
larry.metz@myfloridahouse.gov
mike.miller@myfloridahouse.gov
george.moraitis@myfloridahouse.gov
jeanette.nunez@myfloridahouse.gov
jose.oliva@myfloridahouse.gov
bobby.payne@myfloridahouse.gov
kathleen.peters@myfloridahouse.gov
cary.pigman@myfloridahouse.gov
scott.plakon@myfloridahouse.gov
rene.plasencia@myfloridahouse.gov
mel.ponder@myfloridahouse.gov
elizabeth.porter@myfloridahouse.gov
jake.raburn@myfloridahouse.gov
holly.raschein@myfloridahouse.gov
paul.renner@myfloridahouse.gov
ray.rodrigues@myfloridahouse.gov
bob.rommel@myfloridahouse.gov
rick.roth@myfloridahouse.gov
david.santiago@myfloridahouse.gov
ross.spano@myfloridahouse.gov
chris.sprowls@myfloridahouse.gov
cyndi.stevenson@myfloridahouse.gov
charlie.stone@myfloridahouse.gov
jennifer.sullivan@myfloridahouse.gov
jackie.toledo@myfloridahouse.gov
carlos.trujillo@myfloridahouse.gov
jay.trumbull@myfloridahouse.gov
frank.white@myfloridahouse.gov
jayer.williamson@myfloridahouse.gov
yarborough.clay@myfloridahouse.gov
joseph.abruzzo@myfloridahouse.gov
ramon.alexander@myfloridahouse.gov
bruce.antone@myfloridahouse.gov
robert.asencio@myfloridahouse.gov
loranne.ausley@myfloridahouse.gov
lori.berman@myfloridahouse.gov
kamia.brown@myfloridahouse.gov
john.cortes@myfloridahouse.gov
janet.cruz@myfloridahouse.gov
kimberly.daniels@myfloridahouse.gov
tracie.davis@myfloridahouse.gov
ben.diamond@myfloridahouse.gov
bobby.dubose@myfloridahouse.gov
nicholas.duran@myfloridahouse.gov
katie.edwards@myfloridahouse.gov
joseph.geller@myfloridahouse.gov
margret.good@myfloridahouse.gov
roy.hardemon@myfloridahouse.gov
patrick.henry@myfloridahouse.gov
kristin.jacobs@myfloridahouse.gov
al.jacquet@myfloridahouse.gov
evan.jenne@myfloridahouse.gov
shevrin.jones@myfloridahouse.gov
larry.lee@myfloridahouse.gov
kionne.mcghee@myfloridahouse.gov
amy.mercado@myfloridahouse.gov
jared.moskowitz@myfloridahouse.gov
wengay.newton@myfloridahouse.gov
sharon.pritchett@myfloridahouse.gov
david.richardson@myfloridahouse.gov
barrington.russell@myfloridahouse.gov
sean.shaw@myfloridahouse.gov
david.silvers@myfloridahouse.gov
emily.slosberg@myfloridahouse.gov
carlos.smith@myfloridahouse.gov
cynthia.stafford@myfloridahouse.gov
richard.stark@myfloridahouse.gov
barbara.watson@myfloridahouse.gov
clovis.watson@myfloridahouse.gov
matt.willhite@myfloridahouse.gov
patricia.williams@myfloridahouse.gov
baxley.dennis@flsenate.gov
bean.aaron@flsenate.gov
benacquisto.lizbeth@flsenate.gov
bradley.rob@flsenate.gov
brandes.jeff@flsenate.gov
broxson.doug@flsenate.gov
flores.anitere@flsenate.gov
gainer.george@flsenate.gov
galvano.bill@flsenate.gov
garcia.rene@flsenate.gov
grimsley.denise@flsenate.gov
hukill.dorothy@flsenate.gov
hutson.travis@flsenate.gov
lee.tom@flsenate.gov
mayfield.debbie@flsenate.gov
negron.joe@flsenate.gov
passidomo.kathleen@flsenate.gov
perry.keith@flsenate.gov
simmons.david@flsenate.gov
stargel.kelli@flsenate.gov
steube.greg@flsenate.gov
young.dana@flsenate.gov
book.lauren@flsenate.gov
bracy.randolp@flsenate.gov
braynon.oscar@flsenate.gov
campbell.daphne@flsenate.gov
clemens.jeff@flsenate.gov
farmer.gary@flsenate.gov
gibson.audrey@flsenate.gov
montford.bill@flsenate.gov
powell.bobby@flsenate.gov
rader.kevin@flsenate.gov
rodriguez.jose@flsenate.gov
rouson.darryl@flsenate.gov
simpson.wilton@flsenate.gov
stewart.linda@flsenate.gov
thurston.perry@flsenate.gov
torres.victor@flsenate.gov

For Those In Illinois

It goes without saying that the gun prohibitionists in the Illinois General Assembly are trying to make hay out of the tragedy in Parkland, Florida. The Illinois State Rifle Association sent out an action alert yesterday saying that Wednesday, Feb. 28th, will be “gun day” in the legislature. If you live in Illinois, it is time to be calling your local representatives.

From ISRA:

Wednesday, February 28th, has been
deemed “GUN DAY” by the Illinois Legislature, and the cast of anti-2A
usual suspects will be amassing in the State Capitol of Springfield.
They are emboldened by the fever pitch of the recent tragedy in Florida
and feel the wind is at their back as they move, as always, to infringe
further upon the rights given to us by our Founding Forefathers. The
primary pieces of legislation that will be voted on will likely be
overreaching 
“assault weapons” restrictions, the gun dealer licensing bill and its
grossly inadequate trailer bill.

We at the Illinois State Rifle Association and Springfield Armory are
heartbroken and disturbed by the acts of violence in Florida, committed
by a mentally unstable individual that so many that knew, and reported,
to be a danger to our citizens.

It is only natural in times like these to want to do SOMETHING. It is
also in times like this that we must not act solely for the sake of
acting. Clear headed discussions, free of emotion and knee-jerk
reactions must be the order of the day. We must do something to protect
our children so that these horrible acts are stopped for good. We also
must do what is necessary to ensure the survival of our Second
Amendment, the Amendment that protects all others. The Amendment our
Founders trusted to
our Republic with the words “Shall Not be Infringed”. These rights were
fought for and earned with the blood of American Patriots at places like
Lexington and Concord, Bunker Hill, and Trenton.

Now is the time to act. With the specter of further
2A infringements looming tall over Springfield, Illinois in the coming
week, it is imperative that you contact your State Legislators and
demand that they uphold their Oath to protect the Constitution of our
beloved United States of America – and let them know you oppose any type
of “assault weapons” restrictions, the gun dealer licensing bill and
its grossly inadequate trailer bill. Freedom is not free. It
must be fought for against the forces who would happily give up our most
sacred rights and freedoms.

Please use the link below to identify and get contact information for
your Illinois State Representative and Illinois State Senator:

http://www.elections.il.gov/districtlocator/addressfinder.aspx

“Necessity is the plea for every infringement of human freedom. It is the argument of tyrants; it is the creed of slaves.”
– William Pitt (the Younger), Speech in the House of Commons, November 18, 1783

“The Powerful Understand the Need to Be Protected”

Dan Bongino is a former Secret Service agent who served Presidents Clinton, George W. Bush, and Obama. NRA TV just released a very interesting short video with him talking about protecting these men and other high and mighties.

As he says:

“What’s fascinating about Chicago is, when you get these dignitaries, these VIPs, these Hollywood types, these mayors, senators, congressmen, local alderman, city council folks, they all have armed guards. They’re good. Don’t you worry. Those tools of protection are there for them. But the citizens? They all get thrown to the wolves.”

Yep. You are responsible for protecting yourself.

Which is more dangerous?

There is a movement among some politicians to reduce the voting age from 18 to 16. Some municipalities have actually done this. I even read an editorial from a University of Kentucky law professor stating that students from Parkland High School show why this is a good idea. It doesn’t matter that this students are being scripted, used as props, and are coached what to say.

In a free society, I think having immature, easily swayed young minds pull the voting lever is a recipe for disaster. As Michael Bane said the other day, think Lord of the Flies.

Yet these same politicians and pundits want to raise the age at which one can purchase any long arm to 21 years old.

You tell me which is more dangerous.

I know what I think.

What They Really Mean

Since the Parkland High School shootings, you have heard all manner of politicians from the president on down saying that we need to raise the age to buy a semi-automatic rifle to age 21. They along with the media have painted a picture that wants you to believe one thing when the reality is totally different.

I was 18 when I purchased my first firearm. It was a Ruger 10/22 similar to the one shown in the meme. I paid $55 for it at a long ago closed discount store called Best Products. I used my savings from mowing lawns and my job as a school bus driver.