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Three Clinton Appointed Judges Uphold Sunnyvale Mag Ban

March 4, 2015 by 4 Comments

The Ninth Circuit Court of Appeals ruled today that the City of Sunnyvale, California was within its rights to ban magazines with greater than 10-round capacity. The case, Fyock v. Sunnyvale, was an appeal by the plaintiffs from the US District Court for the Northern District of California. The three judges on the case – Michael Daly Hawkins, Johnnie B. Rawlinson, and District Court Judge Barbara M. G. Lynn – were all appointed by President Bill Clinton.

From the case summary:

The panel affirmed the district court’s denial of a request
to preliminarily enjoin an ordinance enacted by the City of
Sunnyvale, California, restricting the possession of “large capacity
magazines” statutorily defined as a detachable
ammunition feeding device capable of accepting more than
ten rounds.

The panel held that the district court applied the
appropriate legal principles and did not clearly err in finding,
based on the record before it, that a regulation restricting
possession of certain types of magazines burdened conduct
falling within the scope of the Second Amendment. The
panel further agreed with the district court that intermediate
scrutiny was appropriate. The panel held that Sunnyvale’s
interests in promoting public safety and reducing violent
crime were substantial and important government interests.
So, too, were Sunnyvale’s interests in reducing the harm and lethality of gun injuries in general, and in particular as against
law enforcement officers. The panel held that the evidence
identified by the district court was precisely the type of
evidence that Sunnyvale was permitted to rely upon to
substantiate its interest. The panel concluded that the district
court did not abuse its discretion in determining, on the
record before it, that Sunnyvale presented sufficient evidence
to show that the ordinance was likely to survive intermediate
scrutiny and that plaintiffs failed to demonstrate that they
would likely succeed on the merits of their claim.

The Sunnyvale ban was not merely a ban on sale but a ban on possession of standard capacity magazines.

Amicus briefs on the plaintiffs’ behalf included briefs from the NSSF, the California Rifle & Pistol Association, the Pink Pistols, and the Gun Owners of California.

Those supporting Sunnyvale included the usual coterie of gun prohibitionists including the Brady Center, Everytown Moms for Illegal Mayors, the Law Center to Prevent Gun Violence (sic) (formerly LCAV), and the Cities of LA and San Francisco.

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Is Your Congressman On This List?

March 4, 2015 by 12 Comments

238 Congressman have signed the letter from Rep. Bob Goodlatte (R-VA) opposing the BATFE’s ammunition framework and proposed ban on SS109/M855 5.56×45 62-grain ammunition. According to the press release from the NRA-ILA, they worked with Rep. Goodlatte on securing support for the letter and will be working with Senate Judiciary Committee Chair Chuck Grassley (R-IA) on a similar letter from the Senate.

Fairfax, Va. – In an overwhelming show of bipartisan opposition, 238 Members of the U.S. House of Representatives have signed a letter to the director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, opposing the Obama Administration’s attempt to ban commonly used ammunition for the most popular rifle in America, the AR-15. The National Rifle Association worked closely with House Judiciary Committee Chairman Bob Goodlatte (R-Va.) to gather signatures on this critical effort.


“This letter sends a clear message to President Obama that Congress opposes his attempt to use his pen and phone to thwart the will of the American people,” said Chris W. Cox, executive director of the NRA’s Institute for Legislative Action. “Obama said he would enact his gun control agenda ‘with or without Congress.’ He is now trying to make good on that promise. The NRA would like to thank Chairman Goodlatte and all who signed the letter for opposing this unconstitutional attack on our Second Amendment freedom.”


The NRA is working with Senator Chuck Grassley (R-Iowa) on a similar letter of opposition from the U.S. Senate.


To view the letter, along with the Member signatures, click here.

I had been wondering just who had signed the letter and if my Congressman was one of the signatories. After going through the list, I find both my former and current Congressmen have signed on to the letter. Ten out of the 13 North Carolina Representatives have signed the letter which pleases me.

To see whether your Representative is on the list signing the letter, either use the link above or view them in the pictures below. If your Representative did not sign on to this list, I’d be asking them why not. I do notice that the gun control industry’s favorite House Republican Peter King (R-NY) is conspicuously absent.

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Mance v. Holder – Government Requested Stay Denied

March 3, 2015 by 5 Comments

The Justice Department had requested a 60-day stay in Mance v. Holder. They had requested the stay while they decided whether or not to appeal the case.

This is the case that overturned that part of the Gun Control Act of 1968 that banned the purchase and immediate transfer of handguns by FFLs to out of state purchasers. Today, Judge Reed O’Connor denied the government’s request for a stay.

From CCRKBA’s release:

FEDERAL JUDGE DENIES STAY REQUEST IN GUN TRANSFER CASE

Monday, March 2nd, 2015

BELLEVUE, WA – A federal court in Texas has denied a government motion for a 60-day stay in a case involving interstate handgun transfers in which the judge applied strict scrutiny to determine whether a ban on such transfers meets constitutional muster.

The case, known as Mance v. Holder, was filed by the Citizens Committee for the Right to Keep and Bear Arms, and is financially supported by the Second Amendment Foundation. It involves plaintiffs residing in Texas and the District of Columbia, and the ruling last month by U.S. District Judge Reed O’Connor of the Northern District of Texas, Fort Worth Division, found that “the federal interstate handgun transfer ban is unconstitutional on its face.”

The government had asked for a 60-day stay in order to decide whether to file an appeal. But Judge O’Connor ruled today that a stay is not warranted because the government could offer no other reasons for its request other than the court’s “inherent authority to manage its docket.”

“We’re delighted that Judge O’Connor is not going to simply allow the government to stall this ruling,” said CCRKBA Chairman Alan Gottlieb. “This case could have significant ramifications nationwide, and allowing a two-month stay while the government essentially claims it will be thinking about whether to appeal obviously was not warranted.”

CCRKBA and the individual plaintiffs are represented by Virginia attorney Alan Gura and Texas attorney William B. “Bill” Mateja of Fish & Richardson in Dallas.

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A Compilation Of Endorsements For The NRA Board Election

March 2, 2015 by 4 Comments

The NRA Directors election is upon us again. The ballots must be received by March 22, 2015 to be counted. Eligibility to vote is limited to Life Members or Annual Members with five or more years of continuous membership. Ballots of those eligible to vote should have been in your February American Rifleman, American Hunter, or America’s 1st Freedom magazines.

In the chart below, I have compiled the endorsements that I could find. Some came directly from the candidate’s statement included in the magazine, some came from candidate’s websites, and finally some came from what I consider reliable sources. I will discuss those reliable sources after the chart. The chart also indicates whether a candidate was put on the ballot by the Nominating Committee or through the petition process. A “Y” stands for placement on the ballot by the Nominating Committee while a “P” stands placement on the ballot by the petition process.

First
Last
NomComm
Endorsements
Scott
Bach
Y
SOF, Knox,
William
Bachenberg
Y
Ronnie
Barrett
Y
John
Brown
Y
Robert
Brown
Y
NYSRPA, MSSA, FCofCO,CO2AA
David
Coy
Y
SOF,MiRPA, DeSSA
Joseph
DeBergalis
Y
SOF, Knox,N-SSA,AR15.com, IDPA, NYSRPA,TFC
Edie
Fleeman
Y
Joel
Friedman
Y
CRPA
Maria
Heil
Y
Knox
Antonio
Hernandez
Y
SOF
Steve
Hornady
Y
David
Keene
Y
SOF
Timothy
Knight
P
SOF, Knox,CO2AA
Herbert
Lanford
Y
Sean
Maloney
P
SOF, Knox,CO2AA,BFA
Virginia
McLemore
P
Knox
Carolyn
Meadows
Y
John
Milius
Y
Bill
Miller
Y
Owen Buz
Mills
Y
Grover
Norquist
Y
Robert
Nosler
Y
Timothy
Pawol
Y
Brian
Pemberton
P
Harold
Rocketto
P
Wayne Anthony
Ross
Y
SOF
Don
Saba
Y
William
Satterfield
Y
SOF
Mecedes
Schlapp
Y
Ronald
Schmeits
Y
SOF
John
Sigler
Y
Robert
Unkovic
Y
SOF
Robert
Viden
P
SOF, Knox,
Robert
Wos
Y
Legend:
SOF – Soldier of Fortune
Knox – Jeff Knox, Firearms Coalition
NYSRPA – NY State Rifle & Pistol Assoc.
FCofCO – Firearms Coalition of Colorado
MSSA – Montana Shooting Sports Assoc.
MiRPA – Michigan Rifle & Pistol Assoc.
DeSSA – Delaware State Sportsman’s Assoc.
N-SSA – North-South Skirmish Assoc.
IDPA – International Defensive Pistol Assoc.
TFC – Texas Firearms Coalition
CRPA – California Rifle & Pistol Assoc.
CO2AA – Colorado 2nd Amendment Assoc.
BFA – Buckeye Firearms Assoc.

Lt. Col. Robert Brown offers his endorsements for the NRA Board annually at Soldier of Fortune magazine. Col. Brown is the publisher of the magazine and a long-time member of the NRA Board. He is also one who is not afraid to rock the boat. In this year’s endorsements, he endorses 10 current board members including Robert Viden who is a petition candidate. He also endorsed both Tim Knight and Sean Maloney who are petition candidates. He makes it a point not to endorse John Brown. Mr. Brown, who is head of the NFA Trade and Collectors Association, has been accused of being too cozy with the ATF and has been called a “ATF snitch” by some.

The other set of endorsements that I consider reliable are from Jeff Knox of the Firearms Coalition. Jeff and his family have been fighting to reform the NRA since the 1977 Cincinnati Revolt and before. Jeff is the son of the late Neal Knox who at one time headed the NRA-ILA. Jeff suggests – and I would second it – that you only vote for a handful of people as it gives more weight to those for whom you vote. Jeff’s endorsements and rationale for these candidates is below:

For 2015 I am endorsing the following seven candidates:

1. Timothy Knight, Durango, Colorado is a proven, effective, grassroots activist who orchestrated the stunning recalls of anti-rights senators in Colorado. He is not an NRA insider, and was nominated by petition of the members, not the Nominating Committee.

2. Sean Maloney, Liberty Township, Ohio is an attorney who has an extensive record of grassroots activism and comes highly recommended by people I trust.

3. Virginia McLemore, Socorro, New Mexico, is an active competitive shooter and youth training volunteer. She has served in leadership in her state association which I feel has been neglected by NRA in the past. Rural, western, and competitive shooting representation is needed on the Board.

4. Maria Heil, New Freedom, Pennsylvania, was on my endorsement list 3 years ago and she has proven herself a worthy pick. I’d like to see her continue on the Board for another term now that she knows the ropes.

5. Robert Viden, Glassboro, New Jersey, has served on the Board off and on for a number of years. He knows how to get things done and does a lot when given the opportunity. I have endorsed Bob in the past, and think he’s earned my support. For whatever reason, he tends to come in low in the vote totals, so a little extra support could make all the difference for him.

6. Joseph DeBergalis, West Seneca, New York, has demonstrated much more willingness to communicate with the membership and take action on their behalf than most of the directors. I endorsed him in his first run and he won handily. When he ran for reelection, I did not consider him to be in jeopardy of losing, so I did not offer an endorsement. That came close to being a big mistake as he barely made the cut that year. This year I don’t want to take that chance. I’d like to see Joe continue on the Board.

7. Scott Bach, Newfoundland, New Jersey. Scott is a good friend who is doing yeoman’s work deep in enemy territory. Normally Scott comes in high in the voting, but whenever there is more than one candidate from the same state, voters tend to choose one or the other. With my endorsement of Bob Viden, I want to reinforce support for Scott.

Jeff also says for whom he wouldn’t vote. These three are John Milius, the aforementioned John Brown, and Grover Norquist.  He says no to Milius for having lied to the board and bragged about it, no to Brown due to the conflicting interests of the NRA and the NFATCA (among other things), and no to Norquist because he seems more interested in other political matters than the Second Amendment.

In years gone past, Dave Hardy at Of Arms and the Law and Sebastian at Shall Not Be Infringed have had their own endorsements. Neither has issued any endorsements so far this year.

I really don’t do endorsements but I will say that Timothy Knight seems very appealing to me as a candidate due to his work in the trenches to recall Sen. Angela Giron and Sen. President John Morse. This kind of solid grassroots activist experience is needed on the board.

Remember, your ballot must be received by March 22nd to be counted. Don’t procrastinate!

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Her Hypocrisy Knows No Bounds

February 27, 2015 by 10 Comments

Shannon Watts is an out and out hypocrite. She posted the tweet below yesterday. It links to a story arguing against concealed carry by legal concealed carry holders on college and university campuses. It is obviously her position and that of her organization.

I don’t believe in visiting the sins of the parents upon the child. I won’t name Mrs. Watts older daughter nor will I say which university she attends. However, I will say that the university at which Mrs. Watts’ daughter attends has legal concealed carry on campus and has had it for a number of years. This is information that I gleaned from social media postings by the daughter. I believe it to be both accurate and relevant.

Thus, while Mrs. Watts’ daughter attends a university where young women that are age 21 or older and have a concealed carry license are able to protect themselves from thugs, criminals, and rapists, she does not want your daughters (or for that matter, your sons) to have that same privilege.

That is the height of hypocrisy.

UPDATE: Students for Concealed Carry on Campus have called Shannon Watts out on this as well. Since one of the state’s she bemoans a push for carry on campus is Colorado, they ask whether she is dishonest or oblivious given the Colorado Supreme Court’s ruling that public universities cannot ban carry on campus.

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The Ruger Red Label Is No More

February 27, 2015 by 13 Comments

The Ruger Red Label was Ruger’s entry into the shotgun market. While they had limited runs of a side-by-side and a single barrel trap gun, the over-under Red Label was their shotgun. It was introduced originally in 1977 and was chambered in 12 and 20 gauges. A 28 gauge was introduced in 1994. The original receiver was blued steel which was replaced by a stainless receiver for 12 gauges in 1985. Over the years a number of stock styles, barrel lengths, and choke variations were introduced as well as special models.

The Red Label faded away in 2011 only to be reintroduced last year. I remember speaking with a representative from Ruger – it may have actually been Mike Fifer – about the reintroduction of the Red Label at the NRA Annual Meeting in Indianapolis. He said it had been reengineered to give it simpler internal workings and to make the cost of production affordable for Ruger. This review in the American Rifleman speaks to those changes as well as the gun’s history.

Ruger held its quarterly earnings call with stock analysts yesterday morning. The call was to review both the 4th quarter 2014 results and the full year results. Towards the end of the call in a discussion of products, Brian Gary Rafn of Morgan Dempsey Capital Management, LLC asked if there was any news on the shotgun line.

Mike Fifer responded:

I’m not sure whether we’ve announced it or not, but we have removed the Red Label from our catalog and website. We relaunched it last year with the hopes and expectations that we could hit a certain cost target, and we were never able to successfully get the manufacturing processes under control. And so we have, in fact, discontinued the Red Label.

Checking the website, Fifer is correct. The Ruger Red Label is gone.

I will admit to being saddened by this for nostalgic reasons. We bought one in 20 gauge for my late wife Rosanne back in 1981 which we later sold to pay some bill or another. A few years after her death I again bought a used 20 gauge. I had intended to do some grouse hunting which I never seem to have gotten around to. Nonetheless, it is a nice little shotgun. Mine is a little rough from wear but it is still a good working shotgun and I intend to keep it for many more years.

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It Only Took Six Years To Come To This Bad Conclusion

February 27, 2015 by 3 Comments

The CalGuns Foundation filed its challenge to the state of California’s handgun roster on April 30, 2009 in the case of Pena et al v. Lindley. Today US District Court Judge Kimberly Jo Mueller finally rendered a decision in the case. It has only been five years and ten months.

And after all that time you would think that she would get it right. However, when the decision is rendered by a judge appointed by Barack Obama, you get the clue that she wouldn’t. And she didn’t.

She found for the state of California and upheld the handgun roster. She went on to say the Second Amendment was not even implicated by the roster. So what if you can’t get any new guns or that law enforcement officers and new residents who bring their guns are treated differently than existing residents.

The CalGuns Foundation has already said that they will appeal this ruling. They released this statement:

“We are disappointed that the district court sidestepped a clear violation of Second Amendment civil rights in its decision today. However, we are absolutely committed to litigating this case as far as necessary to reverse this incorrect ruling and restore the right to keep and bear modern handguns in the Golden State.

It is difficult to understand how the Supreme Court’s landmark District of Columbia v. Heller decision could be so badly mis-applied. Laws that ban law-abiding people from acquiring virtually all modern handguns following a rigorous background check have no constitutional basis and must be overturned.

It is utterly preposterous that a Federal Court would rule that a ban on all new semi-automatic handguns does not burden Second Amendment rights. Such a decision conflicts with Ninth Circuit precedent, much less the Supreme Court’s holdings in Heller and McDonald v. Chicago.

Our counsel have already appealed the ruling to the Ninth Circuit Court of Appeals and will take every action necessary to create a successful outcome there.”

I hope to have more on this ruling after I’ve read the whole decision as well as on Judge Mueller and her social justice warrior background.

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If These Guns Could Talk – The Elmer Keith Collection (Updated)

February 26, 2015 by 2 Comments

James D. Julia, Inc. is an auction house in Maine that deals in high end collections including firearms. On March 15th and 16th, they will be auctioning the firearms of the legendary Elmer Keith. These guns come from the Elmer Keith Estate.

Here are some of the firearms that will be in the auction.

This is the W. J. Jeffrey & Co. double rifle in .450/400 Nitro Express that Jim Corbett used to kill so many man-eating tigers in India including the Thak Man-Eater tigress.

Then there is Elmer’s favorite elephant gun which he used on safari in Tanzania in 1969. It is a Westley Richards Droplock .476 Nitro Express double rifle.

One of Elmer’s favorite cartridges was the .333 OKH (O’Neil Keith Hopkins) which he helped develop. Below is a FN Mauser chambered in it that he used on his first safari.

As any student of firearms history should know, Elmer Keith wasn’t just about rifles. He helped in the development of the .357 Magnum, the .44 Magnum, and the .41 Magnum. What can you say about him after that! Below are some of his revolvers.

In .357 Magnum, a Smith & Wesson Registered Magnum:

In .41 Magnum, a pair of Model 57 Smith & Wessons given to Elmer by the company in recognition of his work in developing the caliber:

And then there is the .44 Magnum which will forever be associated with Elmer Keith. First is a pre-Model 29 engraved revolver that was presented to Elmer by S&W President Carl Helstrom. The second is Elmer’s personal carry Model 29 along with its holster. You can see the holster wear on the barrel of the revolver. I’m sure that revolver could tell stories!

Elmer Keith also liked his Colt Single Action Army revolvers. Below is what he called “The Last Word in Sixguns”.

Some of the Elmer Keith Estate’s more utilitarian firearms will be also up at auction. These will auctioned by Poulin Antiques of Skowhegan, Maine which is just up the road from James D. Julia, Inc. This auction will take place on March 11th through 14th. Unfortunately, they don’t have many pictures up yet.

All the firearms from both auctions have remained in the possession of the Keith family since Elmer’s death in 1984. As I said in the headline, if these guns could talk what stories they would tell. They might even be as fantastic as the tales that Elmer could tell.

UPDATE:  The full auction catalog of the Elmer Keith Estate firearms along with the others for auction is now online. Day One is here and Day Two can be found here. Many of these firearms are museum quality pieces. I hope the NRA can partake in this auction as many of these guns belong in their museum.

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One Step Down, One To Go For Emily Miller

February 26, 2015 by

Emily Miller became the 15th person to be preliminarily approved for a carry permit in the District of Columbia. Metropolitan Police Chief Cathy Lanier approved Emily’s carry permit subject to her successfully completing an 18 hour approved training course training course within 45 days. Emily says she fully intends to complete the process but won’t say when or where she will actually carry.

Emily reported on this yesterday on DC’s Fox 5 News. Her permit was approved based upon her two police reports involving threats. Chief Lanier dismissed her other documented threat as being too general in nature.

DC News FOX 5 DC WTTG

Emily was also on Fox and Friends this morning discussing the carry permit.

Congratulations to Emily on this. If I had to guess, Chief Lanier considered not only the documented threats but the uproar that Emily could have generated if she wasn’t given a permit. Don’t get me wrong, I’m happy Emily got her permit but I have this gut feeling that your average person’s application would not have been given the same consideration.

I’m sure the ne’er do wells at the Coalition to Stop Gun Violence (sic) will want to start another petition to get Emily fired from her job as an investigative reporter at Fox 5. In the meantime, that wailing and gnashing of teeth in DC just might be coming from them.

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Finally, Someone Acted Like An Adult In New Jersey

February 26, 2015 by 3 Comments

The prosecution of Gordan Van Gilder for possession of an antique flintlock pistol was a travesty from the start. This was compounded when Cumberland County (NJ) Sheriff Robert Austino tried to smear the retired school teacher by saying he was arrested in a “known drug area” while trying to buy drugs.

Fortunately, this afternoon Cumberland County Prosecutor Jennifer Webb-McRae showed some sense and used her prosecutorial discretion to dismiss the case.

I don’t think we would have seen this happen without the pressure brought to bear based upon the peculiar circumstances of this case. It was ridiculous from the start and the Prosecutor’s Office knew it. They were the ones left to clean up the mess left by New Jersey law enforcement.

Now it is time as some New Jersey legislators have suggested to clean up the law. While I would love to see the entire law scrapped, I know that isn’t going to happen. At best, the definition of a firearm will be brought in line with that of the Federal law and pre-1898 firearms will be excluded.