Tweet And Meme Of The Day

The tweet of the day which includes a meme comes from our friends at the Firearms Policy Coalition. If anything points out the hypocrisy of the prohibitionists, it is their use of Jim Crow gun laws as historic support for gun control. Those laws were an abomination in the post-Civil War era and they remain so today.

One only needs to look to North Carolina’s former pistol purchase permit to understand this. It took 104 years to get it repealed. The impetus for that law was white supremacy which was only possible if blacks and others were disarmed.

Not Only No But Hell No!

Judge Robert Summerhays of the US District Court of the Western District of Louisiana released his judgment yesterday in the case of Reese v. ATF. The case was a challenge to constitutionality of 18
U.S.C. §§ 922(b)(1) and (c)(1) which prohibited FFLs from selling handguns to 18 to 20 year olds. Reese was on remand from the 5th Circuit which had found in favor of the plaintiffs on appeal. The 5th Circuit found that this age group was part of “the people” for whom the Second Amendment right to keep and bear arms was protected. Further, the 5th Circuit said the government had provided scant evidence of any founding era firearm restrictions for this age group.

The judgment found for the plaintiffs including members of the Firearms Policy Coalition, the Second Amendment Foundation, and the Louisiana Shooting Association if they were members in 2020 when the case was filed. However, Judge Summerhays restricted the injunction on the ATF to only the states of Mississippi, Louisiana, and Texas or the geographical area of the 5th Circuit. That, unfortunately, was not the worse part of the judgment.

Within twenty-one (21) days of issuance of this Judgment, those Plaintiffs identified at paragraph 2(b) shall provide to Defendants a verified list of their members as of November 6, 2020.

Requiring the Firearms Policy Coalition, the Second Amendment Foundation, and the Louisiana Shooting Association to provide the government a list of their members is patently unconstitutional as it violates the First and 14th Amendment. The US Supreme Court found in National Association for the Advancement of Colored People v. Alabama, 357 U.S. 449 (1958) that:

    “Immunity from state scrutiny of petitioner’s membership lists is here so related to the right of petitioner’s members to pursue their lawful private interests privately and to associate freely with others in doing so as to come within the protection of the Fourteenth Amendment” and, further, that freedom to associate with organizations dedicated to the “advancement of beliefs and ideas” is an inseparable part of the Due Process Clause of the Fourteenth Amendment. The action of the state’s obtaining the names of the Association’s membership would likely interfere with the free association of its members, so the state’s interest in obtaining the records was superseded by the constitutional rights of the petitioners.

    The bottom line is that there is no compelling state interest in the full membership rosters of any of these organizations. If proof is needed that a person under 21 but over 18 years old seeking to purchase a handgun is a member of any of these organizations, a membership card should suffice.

    The organizations in question as well as other 2A organizations have come out with strong statements regarding Judge Summerhays’ judgment.

    FPC called it “legally baseless and morally bankrupt” and promised an immediate appeal to the 5th Circuit. The Second Amendment Foundation attacked the ruling saying, “the scope of the injunction – who’s protected by it – is a population of people that is essentially zero.” SAF’s Executive Director Adam Kraut said, “And even then, they’re only covered if SAF discloses their membership to the government under duress. We’re currently examining our options in relation to the relief granted and will vigorously defend our members’ right to free association and privacy of such.” They go on to say they never have and never will give the government their membership list. The Louisiana Shooting Association has not released a comment on the ruling yet.

    GOA on their X feed said, “This is inexcusable. Not even the Biden Administration ever attempted something so heinous.” In another post, they accused US Attorney General Pam Bondi of “creating a registry of gun owners.” Even NAGR issued a statement on X saying, “No Attorney General who claims to support the Second Amendment should ever demand that a gun rights organization turn over its member lists to the federal government, violating the freedom of association of both the organization and its members. It is beyond the pale and must stop immediately.” William Kirk of the Washington Gun Law YouTube channel contends the DOJ has just ruined a big win.

    I will post more statements condemning this judgment as I get them.

    It Is Only A Matter Of Time

    The One, Big, Beautiful Bill passed the House today and will be sent to President Trump’s desk for signature. He wanted it before the 4th of July and he got his wish. The vote was 218-214 with two Republicans, Tom Massie (R-KY) and Brian Fitzpatrick (R-PA), joining all the Democrats in voting against the bill.

    Sec. 70436 of the bill removed the transfer and making taxes on silencers, short barreled rifles, short barreled shotguns, and any other weapons. The $200 tax is retained for machineguns and other destructive devices. The effective date will be the beginning of calendar quarters 90 days or more after the enactment of the bill. If I am calculating that correctly, then the tax goes to zero on January 1, 2026 given we have already started the 3rd quarter of 2025.

    Once President Trump signs the bill then the real fun begins. The NRA, the American Suppressor Association, the Firearms Policy Coalition, and the Second Amendment Foundation issued a joint statement today stating their intention to sue.

    SAF Executive Director Adam Kraut had this to say:

    “The NFA is nothing more than a tax scheme which has imposed an unconstitutional burden on Americans since 1934,” said SAF Executive Director Adam Kraut. “The registration of these items was only justified as the means to ensure taxes on them had been paid. With the One Big, Beautiful Bill zeroing out the tax for silencers and short barreled firearms, the registration scheme serves no other purpose than to create an unlawful barrier to keep people from exercising their Second Amendment rights. Our intention with this new lawsuit is to completely remove these barriers.”

    UPDATE: The NRA just released these statements from President Bill Bachenberg, EVP Doug Hamlin, and ILA Director John Commerford.

    “NRA worked throughout the reconciliation process on Capitol Hill to protect and strengthen the right to keep and bear arms,” said NRA President Bill Bachenberg. “Elections have consequences, and thanks to pro-gun majorities in both the House and Senate, American gun owners are seeing real results. A new era has begun in Washington, D.C., and the NRA is deeply grateful for President Trump’s unwavering support for our constitutional freedoms.”

    “Congress has delivered a game-changing victory for gun owners – reducing the cost of a tax stamp for suppressors, short-barreled firearms, and ‘any other weapons’ to $0,” said Doug Hamlin, NRA Executive Vice President & CEO. “I thank the many NRA members and gun owners who contacted their Senators and Representatives urging them to protect Second Amendment rights. NRA looks forward to President Trump signing the One, Big, Beautiful Bill into law and building on his legacy as a champion for law-abiding gun owners.”

    “Congressional Republicans took action to eliminate a nearly century-old punitive tax designed to discourage the lawful purchase and possession of constitutionally protected arms,” said John Commerford, Executive Director of the NRA Institute for Legislative Action (NRA-ILA). “NRA-ILA applauds the leadership in both chambers for getting the One, Big, Beautiful Bill to President Trump’s desk. While removing the tax is a significant step forward, it is only the beginning. We remain committed to our ultimate goal: ending the unconstitutional National Firearms Act.”

    Learning From The Gun Prohibitionists

    Lee Williams aka The Gun Writer has a post up today about a new anti-gun group called “Legislators for Safer Communities.” It is about gun prohibitionist legislators in 43 states coming together to form a coalition to work for gun control. What struck me about this story was not yet another astroturf gun control organization being formed. Rather that it was being supported by all the major gun prohibitionist groups.

    From their press release:

    Legislators for Safer Communities will serve as a hub for collaboration, partnership, shared resources, strategy, research, and peer networking. The coalition will work in partnership with Brady, Community Justice, Everytown, GIFFORDS, and March For Our Lives.

    You have Brady, you have Everytown (and presumably their subgroups), and you have the Cult of Personality known as Giffords. While they take different approaches, they are all on the same page in fighting firearms rights, promoting the monopoly of violence by the state, and seeking more control over our lives.

    Unfortunately, too many in the pro-rights community don’t play well together whether through philosophical differences or mere jealousy. One need not look too hard to find examples of that.

    Here in North Carolina, a bill to allow permitless concealed carry which came from Grass Roots North Carolina and Gun Owners of America was killed when the NRA objected to it due to a provision that required a class on the use of deadly force. The bill was certainly not perfect and that provision was a requirement from House Speaker Tim Moore to move the bill. The thinking by its backers was that moving the bill was more important than the objectionable provision which might well be removed later.

    The actual question was whether the NRA objected to the bill because of the provision or because it had not originated with them. This mindset has driven me up the wall for years. Unlike the Second Amendment Foundation and the Firearms Policy Coalition, I rarely see the NRA join with other groups as co-plaintiffs in cases. This needs to change! Resources are finite and are even more so now that the NRA has spent almost $200 million on Bill Brewer’s legal “services”.

    If I am elected to the NRA Board of Directors, I plan to be a voice for working with other groups. It should not matter if the group is NRA affiliated or not. Coalitions need to be formed with groups like GRNC, Virginia Citizens Defense League, AzCDL, Commonwealth 2A, and the list goes on. The NRA should work with these groups on the state and local level just as much as they do with their affiliates so that NRA-ILA can do more within the halls of Congress with the resources they have. Sad to say but the non-NRA state affiliates are often more effective and more resolute in their push for gun rights.

    Litigation needs to be coordinated where possible with SAF, FPC, NSSF, and the various foundations like the Mountain States Legal Foundation. You see it somewhat on amicus briefs but it needs to go beyond that. I remember reading about then NRA President Charles Cotton complaining about all the 2A cases brought by other plaintiffs after the NRA’s win in Bruen. The complaint should not have been that these groups were bringing cases based upon the Bruen decision but rather that the NRA had failed to follow up on its own win. Smaller organizations like SAF and FPC are always nimbler and inertia is always a problem with a larger, more bureaucratic, organization like the NRA. The smart thing would have been to give support to the nimbler organizations by either being co-plaintiffs or even funders of their efforts instead of just whining about it.

    Everyone and every organization wants to get the credit for a win. That is understandable. However, is it more important to get the credit or get the win for firearm rights and freedom?

    I know where I stand.

    Henry Repeating Arms Steps Up

    Henry Repeating Arms, makers of some of the nicest lever action carbines, rifles, and shotguns on the market today, has stepped up its support for Second Amendment groups. As part of their “Guns for Great Causes” charitable campaign they presented checks totaling $75,000 to the Second Amendment Foundation, Firearms Policy Coalition, and Gun Owners of America at the recent SHOT Show.

    Henry VP Dan Clayton-Luce presents check to SAF
    Henry VP Dan Clayton-Luce presents check to GOA
    Henry VP Dan Clayton-Luce presents check to FPC

    The founder and CEO of Henry Repeating Arms had this to say regarding the donations:

    “Henry Repeating Arms will never back down when it comes to supporting the individuals and organizations that work tirelessly to fight back against the political degradation of law-abiding Americans’ right to keep and bear arms,” said Anthony Imperato, CEO and Founder of Henry Repeating Arms. “Just like our Constitution, these organizations belong to and for the people. They have our backs, and we will always have theirs.”

    I never had shot a Henry before Range Day. I got to shoot one of their side-gate loading lever actions in .360 Buckhammer. I was impressed with how smooth it was to throw the lever-action on that carbine. It was like cutting through butter. It was much smoother than a Rossi I shot later that morning.

    I think it is instructive where Henry Repeating Arms put their money in the fight for the Second Amendment. While all three are national groups, they aren’t that other national group. I think the industry as a whole is wising up and putting their contributions where it will do the most good for gun rights.

    ATF Training Simulator

    As you may be aware, the new rules regarding the definition of frames and receivers went into effect yesterday. Also in the news is that BATFE Special Agents are now showing up on the doorstep of people that bought the forced reset triggers from Rare Breed to confiscate those triggers. These “visits” are without warrants with the implied threat that if you don’t cooperate, they will be back with a search warrant and tear your house to pieces.

    With this as a background, I found the Firearms Policy Coalition tweet a very good spoof and effective fundraising. Their social media manager is on top of his or her game!

    You Would Not Have Seen This In 2018

    I received a press release earlier this week from Roy Hill of Brownells. Reading through it I was struck that this was not something you would have seen in earlier times. Bear in mind that Pete Brownell served as president of the NRA from May 2017 until May 2018 and was an officer and member of the board prior to that.

    The release was about a donation made by Brownells to the Firearms Policy Coalition.

    Brownells is proud to announce it has become a Benefactor Member of the Firearms Policy Coalition Constitution Alliance.

    Brownells joins other well-known firearms industry companies such as Daniel Defense and Silencer Shop to stand with the Firearms Policy Coalition in defense and support of constitutionally-guaranteed Second Amendment rights for all Americans.

    Founded in 2015, the FPC’s main mission is to protect and defend constitutional rights—especially the right to keep and bear arms— often by filing lawsuits against egregious anti-gun-rights laws and regulations.

    Recently, FPC filed a lawsuit challenging the unconstitutional New Jersey restrictions and local practices that prevent its residents from exercising their right to carry loaded handguns in public for self-defense. Additionally, FPC has recently filed lawsuits in Nevada, Massachusetts, Minnesota, Illinois, and Tennessee.

    “FPC has stood in the Breach to defend our 2A rights for years. They have stacked up an impressive list of legal wins that keeps the individual right to bear arms alive in America,” said Brownells Chairman Pete Brownell.  “Now is the time to double down in supporting our Second Amendment Rights by supporting FPC.”

    “It is an honor to have earned the support of Pete Brownell and the Brownells family,” said FPC president Brandon Combs. “Brownells is not only a world-class supplier of constitutionally protected products, it is an institution in our culture. Because of the generous support of our individual FPC Grassroots Army members and growing family of Constitution Alliance benefactors, like our friends at Brownells, our FPC Team is able to aggressively address important issues and protect individuals’ rights, freedoms, and property without hesitation. FPC will proudly continue to Fight Forward for the People and their rights, liberty, and property.”

    So far in 2021, Brownells has donated around $175,000 to the FPC.

    As I see it, the move by Brownells is an indication of two things. First, it is a testimony to how far the FPC has come in a short time. Second, and what really struck me, is that Brownells which has a long history with the NRA has chosen to send their money elsewhere.

    Perhaps I’m mistaken but I see this as a way for Brownells to continue their support for the Second Amendment while distancing themselves from the NRA and all of its self-inflicted problems.

    Schrödinger’s NRA

    Normally I would call this post “Tweet of the Day”. However, I found the title in Rob Romano’s tweet too good not to use.

    Rob is the creator of the invaluable Gun Case Tracker which follows virtually every 2A related case at the Federal and state level. He is also the Community Communications Director for the Firearms Policy Coalition.

    For those of us in the gun rights community, the acronym NRA means the National Rifle Association. For anti-gun politicians and the media, it is shorthand for both the National Rifle Association and every other gun rights group. Given their top-down approach, it is hard for them to conceive that the largest organization doesn’t control everything. It is also hard for them to conceive that the grassroots can actually make their voice heard without a lot of prodding from the folks in Fairfax.

    Here are the pair of great tweets from Rob:

    Tweet Of The Day

    The tweet of the day comes from the Firearms Policy Coalition with the reminder that tonight is the last time to make your voice heard on pistol braces.

    Make sure to turn up your volume.