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Win Some Guns

April 8, 2015 by 1 Comment

Aaron at the Weapon-Blog has released his monthly list of contests featuring firearms.

The giveaway compilation includes 17 handguns, 17 rifles, and 0 shotguns. I guess shotguns are being held back for closer to hunting season.

The handgun list includes 1911s, Sigs, a CZ Scorpion, and a Lionheart 9mm. The Lionheart is a latter day version of the earlier Daewoo 51. I have the Daewoo 40 and they are nice.

Thanks to Aaron for taking it upon himself to compile this list on a regular basis. If you know of any contests that aren’t listed, let him know.

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SAF Reaction To DC’s Decision On It’s Appeal Palmer Case

April 3, 2015 by 2 Comments

On Wednesday, District of Columbia Attorney General Karl Racine announced that his office would ask the US Court of Appeals to dismiss their appeal of Palmer v. DC. That decision in that case forced the District of Columbia to start issuing carry permits.

“We need to focus our energies not on litigating old laws, but defending new ones that our leaders enacted
in good faith to comply with court rulings while still protecting public safety,” Attorney General Racine said.
“The Council enacted a law that sets a process by which individuals may apply for gun licenses, which has
superseded the law at issue in Palmer v. District of Columbia. Going forward, our energies are best spent
focusing on defending the current law. We are vigorously defending it in the district court, and we are
confident that it will be upheld.”

The new carry laws that the DC Council “enacted in good faith” (sic) are so onerous and so draconian that the Second Amendment Foundation filed a second lawsuit. DC took as their model Maryland who has a “good cause” requirement.

The Second Amendment Foundation is pleased with their victory but note that it isn’t over yet. They still have pending motions before US District Court Judge Frederick Scullin over the enforcement of his decision in addition to Wrenn et al v. DC.

BELLEVUE, WA – The Second Amendment Foundation will continue fighting the District of Columbia’s new concealed carry law, while notching a small victory with today’s decision by the city to drop its appeal of SAF’s victory in the Palmer case that forced the city to adopt a carry permitting structure.

“While we’re happy to see the city drop their appeal of our earlier victory,” said SAF founder and Executive Vice President Alan Gottlieb, “we were eager to face them in court, as there was no possible way they could have successfully argued in favor of continuing an outright ban on carry in the District.

“This is one more critical Second Amendment Foundation victory for gun rights,” he added. “But we will continue to keep suing the city of Washington, D.C. over their new carry law that is still an unconstitutional infringement on our Second Amendment rights.”

Under the District’s newly-adopted law, permit applicants must still provide a good reason for carrying a protective firearm outside the home, and the police chief gets to decide whether that reason is valid. So far, only a handful of applicants have been approved, and Gottlieb said that shows a fundamental flaw in such a discretionary permitting scheme.

“No public official should enjoy that kind of sway over a citizen’s right to bear arms,” Gottlieb stated. “It creates a manifestly unfair system that is wide open to abuse and favoritism, as we’ve seen in New York, California and elsewhere that insiders and elitists can get permits, but average citizens are routinely given second-class consideration, or no consideration at all.”

This is not the end of the Palmer case, however. SAF still has outstanding enforcement motions pending before U.S. District Judge Frederick J. Scullin, Jr., who handed down the initial Palmer ruling. His rulings on those motions could produce further appeals, SAF attorney Alan Gura explained. SAF has already filed a lawsuit challenging the District’s current highly-restrictive “good reason” requirement.

“Our intent is to continue our battle for the right to bear arms on behalf of all the citizens, not just a privileged few,” Gottlieb concluded.

One thing I did notice in DC Attorney General’s release was the Congress has until May to disapprove the Council’s permanent legislation concerning concealed carry. I’m not sure where that stands but Sen. Marco Rubio (R-FL) and Rep. Jim Jordan (R-OH) have introduced the Second Amendment Enforcement Act of 2015 which would remove the power of the DC Council to enact gun control legislation. The bill also includes shall-issue carry permits, the ability of DC residents to purchase firearms in Maryland and Virginia, and repeal the firearms registration system.

One way or another the District is going to be dragged kicking and screaming into recognizing the Second Amendment just like the South was over civil rights and integration. And just like the South, the District will attempt to do it with all due deliberate speed if their new mayor is any indication.

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For WNC Shooters

April 1, 2015 by 2 Comments

The North Carolina Wildlife Resources Commission announced a temporary closing of Wayne E. Smith Shooting Range in Haywood County. The temporary closing is for annual maintenance. The range is in the shadows of Cold Mountain (yes, THAT Cold Mountain). As it is the closest (free) public range, I’ve shot there a number of times.

From the WRC:

WAYNESVILLE, N.C. — The N.C. Wildlife Resources Commission will close the Wayne E. Smith Shooting Range on Cold Mountain Game Land in Haywood County April 13-17 for routine maintenance and repairs.


Commission staff closes the range for one week each spring to clean the grounds, shore the backstop, grade the shooting lanes, and then seed, fertilize and lime the lanes. Staff also will repair and grade the parking area and entrance road, as well as repair or replace shooting benches as needed. The range is scheduled to reopen on April 18.


The Wildlife Commission does not staff the Wayne E. Smith Shooting Range, but it is open to the public free of charge during daylight hours Monday through Saturday. No shooting is allowed on Sundays. Shooters are allowed to use pistols, rifles, shotguns and muzzleloaders on the range, which features five shooting lanes.


The range does not have an address, but it is located near Waynesville in Haywood County, about two miles past Lake Logan off of Hwy 215, when traveling from Hwy 276. GPS coordinates are: -82 56.385, 35 22.841.


For more information about public and private shooting ranges across North Carolina, see the Wildlife Commission’s online interactive map. For more information about the Wayne E. Smith Shooting Range on Cold Mountain Game Land, contact Land Management Biologist David Stewart at 828-648-0008.

The only correction I might make to this is that the range, in my opinion, is closer to Canton than Waynesville.

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Safe Haven Premiers On April 1st – Don’t Miss It

April 1, 2015 by

When I attended the SHOT Show I got a chance to see the preview of the documentary Safe Haven: Gun Free Zones in America. It is a critical look at so-called gun-free zones and how they fail to actually protect people. The film is produced and directed by Tim Crimmins. The Outdoor Channel will be airing tomorrow at 4:30pm. They will also be streaming it online.

If you subscribe to the Outdoor Channel and can DVR it, I suggest you do so. This is a documentary that you will want to share with your friends and family that may be on the fence about firearms and gun-free zones.

I usually can’t sit through a movie. I joke that I have “movie ADD”. I didn’t move for 45 minutes watching Safe Haven. It is that powerful and compelling. Below is a trailer for the documentary. By the way, the Outdoor Channel will be presenting this without any ads or commercials. They have funded the documentary’s production out of their own budget.

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Brady Center Loses In Colorado

March 30, 2015 by 3 Comments

Jessica Ghawi was one of the victims of the theater shooting in Aurora, Colorado. In September 2014, the Brady Center brought suit on behalf of her parents against Lucky Gunner LLC, Sportsman’s Guide, and two other vendors for “failing to screen the gunman and making it too easy for him to buy ammunition, tear gas and body armor.” The case was filed in Arapahoe County District Court. This case was part of the Brady Center’s so-called “bad apples” project.

The case was moved to US District Court for the District of Colorado in October 2014 under the diversity of citizenship doctrine. The plaintiffs were from Texas, the late daughter was a resident of Colorado, and the defendants were located in a variety of other states. The case was assigned to Senior Judge Richard Matsch.

Fast forward to late Friday afternoon. Judge Matsch ruled against the plaintiffs and awarded attorney fees to Lucky Gunner and Sportsman’s Guide.

Upon the foregoing, it is ORDERED that plaintiffs’ claims as to all defendants and
this civil action are dismissed. Pursuant to C.R.S. §13-21-504.5, defendants Lucky
Gunner and the Sportsman’s Guide are entitled to an award of reasonable attorney fees
and costs to be determined after filing motions pursuant to D.C.Colo.L.Civ.R.54.3 within
14 days after entry of judgment pursuant to this order.

I hope to have more on this decision after I’ve had time to read and digest the opinion. In the meantime, I wonder if the Brady Center will be the ones paying the attorney fees or are they going to stick the parents with the bill.

I should note for the record that I am an affiliate of Lucky Gunner and a customer of Sportsman’s Guide. Indeed, when I got home from work on Friday, I found a package from Sportman’s Guide which contained, among other things, ammo.

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Virginia Enacts Law Aimed At PETA

March 27, 2015 by 6 Comments

Any long-time reader of this blog knows that I loathe and despise the so-called animal rights group PETA. In addition to their legal grandstanding against events like the Possum Drop, they run an animal shelter in Norfolk, VA. Unlike the private shelters in my area that operate as no-kill shelters, the PETA shelter seems to operate on the kill’em all and let God sort them out principle.

Looking at the statistics from the Virginia Department of Agriculture and Consumer Services for the last 10 years, the lowest percentage of animals euthanized (killed) in any one year was 82.4% in 2013. In 6 out of the 10 years, they euthanized 90% or more of the animals received. In a couple of those years, less than 10 animals (dogs or cats) per year were reported as adopted.

In response to this abysmal record, the Virginia legislature enacted SB 1381 which clarified state law regarding private animal shelters. It says that “their purpose is to find permanent adoptive homes for animals.” The Virginian-Pilot reports that Gov. Terry McAuliffe has signed the bill.

It should come as no surprise that PETA opposed this bill.

The sponsor of the bill, Sen. Bill Stanley (R-Franklin County) said he hoped PETA will reduce their extremely high euthanasia rate. If not, they will lose access to the drugs used to euthanize animals.

I guess PETA will have to go back to the old methods like using car exhaust.

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9th Circuit Orders En Banc Rehearing In Peruta And Richards Cases

March 27, 2015 by 6 Comments
Ninth Circuit Court of Appeals Chief Judge Sidney Thomas is getting his wish:  an en banc rehearing of the Peruta and Richards cases. Judge Thomas was the sole dissenter in those cases. The only way to reverse the precedent in those cases was to have it reversed by the US Supreme Court or through an en banc rehearing of the case.
When an unnamed judge on the Ninth Circuit – widely assumed to be Judge Thomas – called sua sponte for an en banc rehearing of the case, it wasn’t good news. Both the plaintiffs and the defendants were required to submit briefs arguing either for or against an en banc rehearing. The decision on whether to call for the rehearing was dependent upon the vote of the majority of the active judges on the circuit. Given the overall liberal nature of this circuit, I guess we should not be surprised by the rehearing.

Upon the vote of a majority of nonrecused active judges, it is ordered that
this case be reheard en banc pursuant to Federal Rule of Appellate Procedure
35(a) and Circuit Rule 35-3. The three-judge panel opinion and order denying
motions to intervene shall not be cited as precedent by or to any court of the Ninth
Circuit.

The panel sitting on the rehearing of the case will be Chief Judge Thomas, a Clinton appointee, and 10 other judges picked at random. In all other circuits, all active judges would sit for the en banc rehearing. However, given the number of judges in the Ninth Circuit, they have had to adopt different procedures.

The question on whether California Attorney General Kamala Harris and the State of California will be allowed to intervene in the case is still up in the air.

All in all, this isn’t good news for carry rights in California.

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Judge Allows Anti-Guns Groups To Intervene In I-594 Suit

March 25, 2015 by 2 Comments

I missed this on Monday afternoon as I was preparing to leave on a business trip.

US District Court Judge Benjamin Settle of the Western District of Washington allowed the Washington Alliance for Gun Responsibility and Everytown for Gun Safety Action Fund for I-594 to intervene as defendants to the suit brought by the Second Amendment Foundation. Judge Settle refers to WAGR and Everytown as “citizens and organizations operating in Washington State” in his order granting their motion.

WTF?

WAGR is perhaps a local organization but the reality of considering Everytown as a local organization boggles the mind. Has the judge been watching too many programs on Syfy and magically teleported New York City to Seattle? It does go to show how the efforts of Bloomberg’s minions to set up corporations in many states has helped them in this situation.

I’m at an out of town meeting so I’ll let Dave Workman provide more background and insight into this.

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It Wasn’t The M855 Debacle, It Was The Money

March 23, 2015 by 4 Comments

B. Todd Jones is leaving as Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives effective March 31st. Speculation on this started building on Thursday and it was confirmed on Friday by the BATFE itself in a press release.

Coming on the heels of BATFE’s backpedaling on their M855/SS109 bullet/ammo ban, one might assume he was leaving to save the Obama Administration any more embarrassment over this debacle. Obama is famous for throwing people under the bus at the first sign of trouble.

I doubt that they expected the level of response from Congress, gun rights groups, and especially the public that they received. A reported 310,000 plus letters, faxes, and emails were sent to BATFE in response to their “ATF Framework”. The typical response is probably less than 10,000 comments to a proposed change and more than likely a lot less than that.

That said, while the M855 debacle may have played some role in the timing of the announcement, it my firm opinion that it isn’t the reason Jones is leaving BATFE for the NFL. One does not just leave one job one day and find a senior level position paying a multi-million dollar salary the next. It doesn’t happen that way. It takes months for something like that to come together.

From a New York Post article published on Sunday, it seems that the NFL has been pursuing Jones for quite some time. The NFL needed an investigative counsel to show the world that they are serious about cleaning up the league. Who better than a former Marine who had served as US Attorney in two different administrations and who was now running the agency that dealt with firearms given the problems that many of their players seem to have with guns. The fact that Jones is African-American and that approximately 68% of the league’s players are also African-American added to his allure for them.

“Jones is going to be in charge of the NFL’s personal-conduct policy,” the source said.

His work will involve “determining the length of suspensions and handing out fines,” the source said, adding that the job will pay “several million a year.”

“The NFL courted Jones for a while. They went after him, and recently things started heating up. The deal came very fast,” the source said.

The article in the New York Post goes on to say that the BATFE job was “wearing” on Jones. I’m sure it was as he had never managed anything larger than a US Attorney’s Office. As the US Attorney for Minnesota, all he had to deal with was the local media and his friends in the Department of Justice. He wasn’t being subjected to intense scrutiny by the national media nor was he being hauled up to Capitol Hill on a regular basis. Moreover, Eric Holder wasn’t going to have his back anymore given his announced departure.

Jones was an ineffectual leader at BATFE. He didn’t clean up the Project Gunwalker mess left behind by Kenneth Melson. The heads of the Phoenix-based operation, William Newell and George Gillett, are still at BATFE. William McMahon was allowed to double-dip before he left for a security job in the private sector. And that is just the tip of the problematic iceberg that was the BATFE run by Jones. Given all of that, is it any wonder that he is taking the money and running?