DOJ Pushes Red Flag Laws Plus Pistol Brace Rule

We knew something was coming out on pistol braces as it has been signaled for a while now. The Department of Justice just released their notice of proposed rulemaking on pistol braces and have also said they will provide states with model “extreme violence protection order” legislation. The rule, if adopted, would make AR pistols with pistol braces an NRA item. I guess those who need a brace to shoot an AR pistol due to war wounds or other disabilities need to cough up $200. Evidently, DOJ doesn’t consider that the Americans with Disabilities Act applies to the BATFE nor to wounded veterans.

Here is the press release from Biden’s Department of Justice. I have highlighted a few things in it.

Justice Department Issues Proposed Rule and Model Legislation to Reduce Gun Violence

New Steps Would Enhance Enforcement of the National Firearms Act and Aid States in Drafting “Extreme Risk Protection Order” Laws

Today, the Department of Justice announced two new steps to help address the continuing epidemic of gun violence affecting communities across the country. First, the department issued a notice of proposed rulemaking that makes clear that when individuals use accessories to convert pistols into short-barreled rifles, they must comply with the heightened regulations on those dangerous and easily concealable weapons. Second, the department published model legislation to help states craft their own “extreme risk protection order” laws, sometimes called “red flag” laws. By sending the proposed rule to the Federal Register and publishing the model legislation today, the department has met the deadlines that the Attorney General announced alongside President Biden in April. 

“The Justice Department is determined to take concrete steps to reduce the tragic toll of gun violence in our communities,” said Attorney General Merrick B. Garland. “Today we continue to deliver on our promise to help save lives while protecting the rights of law-abiding Americans. We welcome the opportunity to work with communities in the weeks and months ahead in our shared commitment to end gun violence.”

The department issued a notice of proposed rulemaking that would make clear that the statutory restrictions on short-barreled rifles apply to pistols that are equipped with certain stabilizing braces and intended to be fired from the shoulder. The National Firearms Act imposes heightened regulations on short-barreled rifles because they are easily concealable, can cause great damage, and are more likely to be used to commit crimes. But companies now sell accessories that make it easy for people to convert pistols into these more dangerous weapons without going through the statute’s background check and registration requirements. These requirements are important public safety measures because they regulate the transfer of these dangerous weapons and help ensure they do not end up in the wrong hands. The proposed rule would clarify when these attached accessories convert pistols into weapons covered by these heightened regulations.

Once the proposed rule is published in the Federal Register, the public will have 90 days to submit comments.  To view the Notice of Proposed Rulemaking, please see here.

The department also published model legislation and detailed commentary that will make it easier for states to craft “extreme risk protection orders” authorizing courts to temporarily bar people in crisis from accessing firearms. By allowing family members or law enforcement to intervene and to petition for these orders before warning signs turn into tragedy, “extreme risk protection orders” can save lives. They are also an evidence-based approach to the problem. The model legislation, developed after consultation with a broad range of stakeholders, provides a framework that will help more states enact these sensible laws.

To read the model legislation, please see here.

To learn more about the rulemaking process, please see here.

There is so much bull shit in the paragraph on pistol braces that it would keep most farms fertilized for generations.

As to the legality of it, I really don’t see how they can square it with the 6th Circuit’s ruling in GOA v. Garland in which that court found that only Congress can change definitions like this when a criminal penalty is involved. Trump really screwed up things when he pushed DOJ to ban bump stocks.

As to Merrick Garland, I owe Sen. Mitch McConnell (R-KY) a big thanks for keeping him off the US Supreme Court.

My, My, My! Isn’t This An Interesting Coincidence

After I posted about David Chipman attending one of the inaugural balls with his then fiancee’ Tara, I had a comment on the post saying they met while she was a secretary at BATFE’s Washington headquarters. With a little research, I find this isn’t totally accurate. While I don’t know how Chipman met his current wife, I do know she had worked at the BATFE since 1995 in one job or another.

According to her LinkedIn page, she started as a receptionist, became a writer-editor with them, moved over to the Treasury’s Trade and Tax Bureau’s Congressional Office, back to BATFE as a program manager, and finally advanced to Division Chief, Executive Secretariat Division where she currently works.

The Executive Secretariat Division does such things a publish the internal newsletter, handle correspondence, write speeches, and handle the archives of BATFE. They are also responsible for the BATFE’s historical program. Indeed, Mrs. Chipman served as the acting historian for at least a period of time according to this BATFE Facebook post. She is pictured along with then Columbus SAC Trevor Velinor.

Beyond the obvious nepotism issue that Mrs. Chipman faces if, god forbid, her husband is confirmed as Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, there is the little issue of conflicts of interest. Ideally, BATFE employees would be scrupulously neutral when it comes to gun politics. However, we know this is an ideal and not reality.

Mrs. Chipman has jumped on-board with the Demanding Moms’ “Wear Orange” for gun violence (sic) program as seen in this picture.

Not surprisingly, she has also donated to the Cult of Personality Known as Giffords and has publicized it on her Facebook page. Her Facebook page has plenty of other progressive issues that she virtue signals about as well.

She is, of course, free to make donations to whom she wishes and to let the world know it in an unofficial manner. That said, it just reemphasizes the importance of making sure her husband is never confirmed to head BATFE. Even if she resigned if her husband was confirmed, she would still have his ear and use that to reinforce her progressive and anti-gun views.

Do ATF Special Agents Go To Inaugural Balls?

The headline poses an interesting question. One would assume or just maybe hope that special agents working for the Bureau of Alcohol, Tobacco, Firearms, and Explosives would be non-political or even apolitical. They are considered “Further Restricted Employees” under the Hatch Act.

In the case of Biden’s nominee to head BATFE, that would be a wrong assumption.

Below you can see David Chipman with his fiancee’ Tara at a presidential inaugural ball in 2009 for President Barrack Obama. While probably not a violation of the Hatch Act, it is a bit unseemly.

In January 2009, Chipman was still the Assistant Special Agent in Charge of the Detroit Field Division. A couple of months later he got a promotion to a SAC position in the Washington headquarters. I’m sure it is just a coincidence.

Would it surprise anyone to know that Chipman is such a non-believer in OpSec that I was able to find his home address, its Zillow value of $874,000, Facebook pages for him, his now-wife Tara, his ex-wife Micki, and his two kids.

Liar! Liar! Pants On Fire!

Shannon Watts and Moms Demand Action tweeted out the following statement from David Chipman made before the Senate Judiciary Committee in their effort to have him confirmed.

Chipman’s main passion after leaving BATFE was to make as much money as possible and he didn’t care if he had to prostitute himself to do it. If he had to tell bald-faced lies in his testimony in various places, he didn’t care so long as the money kept rolling in.

As to fire, he knows a bit about that from his experiences in Waco.

Twenty AGs Say No To Chipman

Attorneys general from 19 states have signed on to a letter from Montana Attorney General Austin Knudsen opposing the confirmation of David Chipman to be Director of BATFE.

They call the possible confirmation of Chipman an “an attack” on the Second Amendment and say their oath to uphold the Constitution makes it impossible for them to support someone like him.

They go on to write:

The ATF has an important role to play in upholding the public safety of
communities around the country. Its agents deserve a director who will inspire
confidence from the people they serve. Given Mr. Chipman’s history of anti-gun
lobbying and political activism, Americans cannot be reasonably expected to believe
he will be an unbiased enforcer of current laws. As chief law enforcement or legal
officers in our respective states, we are concerned that Mr. Chipman will make
Americans less safe by diverting ATF resources to attack the rights of law-abiding
gun owners instead of cracking down on violent criminals and criminal

I think it is rare to see attorneys general take such a stand against a nominee for a law enforcement position like this. I think if the nominee were someone like a former DA or former US Attorney who, while still probably anti-gun, had not made a small fortune by shilling for the gun control industry you would not have seen this.

You can read the letter in its entirety below.

05.25.2021 State Attorneys General Letter to US Senate Leadership by jpr9954 on Scribd

David Chipman Nomination Hearing Today

The Senate Judiciary Committee will hold a hearing today on the nomination of David Chipman, Joe Biden’s slap in the face to gun owners, to be the Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives. As he is lumped in with a few other nominees for various positions, I’m not sure what time his nomination hearing will actually be held but the live stream starts at 10 am.

I expect Chipman to be asked fawning questions by Democrats such as Sen. Dianne Feinstein (D-CA) and Sen. Richard Blumenthal (D-CT) and equally tough questions by Sen. Ted Cruz (R-TX) and Sen. Tom Cotton (R-AR). I think the final outcome will be a split vote with all Democrats voting to pass his nomination to the floor and every Republican voting against it.

It goes without saying that you should have contacted your own senators before today to voice your opposition to Chipman. I have sent both personal emails and the auto-generated emails in opposition to Chipman whose nomination to head BATFE is the equivalent of nominating an avowed vegan to head the meat inspection division of the Ag Department.

If you live the states of West Virginia or Arizona, I hope you have been putting a lot of pressure on Sen. Joe Manchin (D-WV) and Sen. Krysten Sinema (D-AZ) to oppose the nomination. The Democrats haven’t done away with the filibuster yet but even if they go to the “nuclear option” there is some hope that one or both of these senators would vote against Chipman.

In the meantime, it is now time to start making the calls.

Grass Roots North Carolina released an alert aimed at North Carolinians which also suggests contacting Sen. Mitch McConnell. It includes a way to get around McConnell’s web form’s rejection of out-of-state comments.

Act now, hearings start Wednesday

Joe Biden has found a special someone who hates your liberties as much as he does and wants to have that Waco Whacko head up the ATF or is it the “AFT” (to quote Biden). How could the Senate even consider confirming an anti-gunner to head up the ATF? SHOCKENINGLY CHIPMAN HAS MADE IN EXCESS OF A MILLION LOBBYING AGAINST YOUR SECOND AMENDMENT RIGHTS!!!

When Chipman champions “gun safety” the real meaning behind the lie is ‘no firearm protection from criminals for you’ indeed, Chipman’s advice for you in these dangerous times is to”buy stronger deadbolts for the exterior doors of your home”.    

Mr. Chipman (who worked as an ATF agent for 25 years)- ticks off each of the ‘take your firearms boxes’: he saddled up with Mike Bloomberg’s Everytown for Gun Safety (safety for criminals only).

To top it off Chipman is a Senior Policy Advisor for Gifford’s: Courage to Fight Gun Violence. What kind of a nut does Mr. Chipman have to be, to believe that the demoralized and defunded police will get to your home in time to save you in those precious seconds when death is at your door? He didn’t care about the children burned to death at Waco, no doubt he doesn’t care about your safety either. What kind of a nut would confirm someone who is against YOUR right to keep and bear firearms to head up the ATF?

A stronger deadbolt is a road bump to disaster if you have no means to protect yourself from the criminal kicking in your door-or breaking your window. 


  The link below will take you to a website form. It is not an email address. Just click on the link and it will take you to the form.
Contact Thom Tillis using this link, and call him at 202-224-6342 and 919-856-4630.
Contact Richard Burr using this link, and call him at 202-224-3154 and 800-685-8916.

Call AND Contact Mitch McConnell: Use both his phone number (202-224-2541 in D.C. OR  (502) 582-6304 in his district) AND his web contact form: 

Contact him REGARDLESS OF WHERE YOU LIVE and defeat his web form’s attempt to reject out-of-state comments by entering the following in-state address: 601 W. Broadway, Room 630, Louisville, KY 40202.

PLEASE CONTRIBUTE TO GRNC: Help us fight gun control while we promote Second Amendment principles. Please CLICK HERE to contribute. Bear in mind that GRNC is an all-volunteer organization, so you can be sure your donations are put to the best possible use. Any amount helps, and any amount is appreciated.
Suggested Subject: Do Not Confirm David Chipman ATF Nominee
Dear Senator___________

I am contacting you today to demand that the Biden nominee for leading the ATF be rejected without compromise. David Chipman has no business leading an agency that has as it’s mission statement “…to protect communities from violent criminals, criminal organizations….” when he is so dedicated to removing the legal means of citizens to protect themselves from criminals via firearms. 

David Chipman is as anti-Second Amendment as they come and there is no place more dangerous than a gun free zone as we can see in Chicago and many other American cities right now. David Chipman is a danger to my safety and that of my family.

I will continue to monitor this important issue through alerts from Grass Roots North Carolina. Any vote for Chipman will be considered a vote against gun owners. 


A Tale In Three Pictures

Do you recognize either the man or the location of the remnants of this fire?

Here let me give you a hint on the location.

Yes, that is the Branch Davidian compound in Mount Carmel outside of Waco, Texas as it is going up in flames. 76 men, women, and children died in that fire. The siege began when agents from the Bureau of Alcohol, Tobacco, and Firearms raided the compound on February 28, 1993. 12 surviving members of the Branch Davidians were later tried on a variety of firearm offenses. The young man standing in the ashes holding what appears to be a M16 M14 was the ATF case officer for the trial.

Maybe you recognize him in this picture.

Getty Photo

Credit should go to the the British newspaper Daily Mail for linking the first photo to the man who is now President Biden’s choice to be the next Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives. The Daily Mail also has placed Chipman at the other infamous raid of that era – Ruby Ridge.

I guess Biden couldn’t get Waco Jim Cavanaugh so is making do with Chipman.

Chipman Is Delusional!

David Chipman, Biden’s nominee to be Director of BAFTE, is not only anti-gun but a delusional liar.

He participated in a Reddit AMA or Ask Me Anything. During that AMA, he asserted that the Branch Davidians shot down two Texas ANG helicopters in Waco with two .50 caliber Barrett rifles.

According to a list of firearms recovered from the compound after the fire that destroyed it, there were zero .50 caliber firearms regardless of maker. This list came from the US Department of the Treasury based upon a dual FBI and Texas Depart of Public Safety search of the Branch Davidian compound.

As the case agent assigned to the trial of the surviving Branch Davidians, Chipman must have known this. If he didn’t, he was derelict in his job performance. Thus, we can either assume Chipman is an incompetent or a liar. You make the call.

H/T David Harsanyi – National Review

David Chipman As Head Of ATF? WTF!

President Joe Biden is reportedly going to nominate David Chipman to be the next Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives. For those who are unaware of Chipman, he is a senior policy advisor for the Cult of Personality known as Giffords. He retired nine years ago as a Special Agent with BATFE. He has since become like a trained seal that the gun prohibitionists trot out anytime there is a hearing on gun control.

According to LinkedIn, Chipman’s last position was as Chief of the Liaison Division, Office of Public and Governmental Affairs. He was there for all of six months. The liaison division for the uninitiated is the lobbying arm of BATFE. So Slow Joe is planning on nominating a lobbyist to head BATFE. It figures.

Here is his self-reported history with BATFE. As you can see, he spent a good part of his career in administrative support or policy roles.

Chief, Liaison Division, Office of Public and Governmental Affairs Dec 2011 – May 2012 D.C. Metro Area Managed external partnerships of the Bureau of ATF to include law enforcement organizations, international liaison, industry, research, and other groups with interest in the prevention of violent crime and public safety.

International Association of Chiefs of Police Jan 2011 – Dec 2011 Alexandria, Virginia Served as ATF Liaison to the IACP assigned to the Research Center Directorate. Advisor to the National Law Enforcement Partnership to Prevent Gun Violence, the Center for the Prevention of Violence Against the Police and various other programs that support law enforcement safety and effectiveness.

Bureau of Alcohol, Tobacco, Firearms and Explosives 22 yrs 7 mos

Special Agent in Charge, Apr 2009 – Dec 2010 Responsible for execution of ATF’s operational budget in 25 Field Divisions. Manager of Asset Forfeiture Program charged with oversight of evidence seized by field agents and properties forfeited as a result of criminal investigations. Charged with monitoring Spectrum Relocation Program tasked with transition of undercover monitoring infrastructure from bandwidths sold by the government. In total, accountable for an annual budget in excess of $150 million.

Assistant Special Agent in Charge, Detroit Field Division, Nov 2006 – Mar 2009 Manager of Law Enforcement Operations for the Detroit Field Division; charged with leading federal firearm, explosives, arson and tobacco diversion investigations throughout the State of Michigan.

Chief, Firearms Programs Division, Sep 2005 – Nov 2006 Managed six branches staffed with over 70 employees that support ATF’s firearms enforcement and compliance missions. Managed foreign offices in Bogota, Mexico City, Ottawa, Toronto and Vancouver. Oversaw budget in excess of $20 million. ATF representative to Department of Justice (DOJ) and International Association of Chiefs of Police (IACP)

Chief, Firearms Enforcement Branch Sep 2004 – Sep 2005 Managed developement (sic) of national firearms enforcement strategies to include implimentation (sic) of the Violent Crime Impact Team (VCIT)program charged with lowering homicides in 15 cities. ATF’s representative to DOJ subcommittee on Violent Crime and Gangs responsible for coordinating National anti-gang strategy.

Chief, Policy Development and Evaluation Branch Jul 2002 – Sep 2004 Led staff charged with programmatic development, budgetary analysis, strategic planning and performance measurement. Managed transition of ATF from the Department of Treasury to the Department of Justice. Managed ATF’s logistical response to the DC Area Sniper Investigation.

Resident Agent in Charge, Flint Field Office Jan 2001 – Jul 2002 Managed criminal investigations in 26 counties in north-central Michigan. Formed Project Safe Neighborhoods Task Force.

Group Supervisor, Arson and Explosives Team III, Detroit Field Division Jan 1999 – Jan 2001 Managed responses to large scale fireworks manufacturing plant explosion, multi-million dollar commercial firearm and tobacco diversion conspiracy that funded middle-eastern terrorist group.

Special Agent, Houston Field Division May 1993 – Jan 1999 Case agent in Branch Davidian Trial. Apprehended arsonist resulting in $1.5 million criminal forfeiture. Apprehended mail bomber resulting in 30 year federal sentence. Responded to Oklahoma City bombing as member of Western National Response Team.

Special Agent, Washington Field Division Jun 1988 – May 1993 Assigned to Norfolk, Virginia Field Office charged with combating firearms trafficking. Conducted numerous high risk enforcement operations as member of Washington Entry Control Team. Responded to World Trade Center bombing as member of Northeast National Response Team.

Within a couple of months of retiring from BATFE, Chipman had secured a position with Michael Bloomberg’s Everytown.

You may remember Andrew Traver. He was President Obama’s first pick to head BATFE. His nomination went nowhere and his nomination was eventually withdrawn. When he was nominated, Traver was Special Agent in Charge of the Chicago Field Division. Unlike Chipman, Traver’s gun control bonafides were only suspected and not confirmed.

Chipman’s nomination to head BATFE is not only bad but it is a slap in the face to every one of America’s gun owners. I rarely resort to profanity on this blog but Chipman’s presumed nomination has me saying, “Are you fucking kidding me?” There is no way in hell that a BATFE with Chipman in charge will be a responsible law enforcement agency upholding both the law and the Constitution.

One last thing about Chipman that I always found strange. Rarely, if ever, do you see a person’s high school listed on schools attended on a professional LinkedIn profile. Chipman, however, not only lists his high school but wants you to know that he went to the uber-connected and prestigious Phillips Exeter Academy.

An Honest To God Straw Purchase Prosecution

Those of us in the gun rights community know that straw purchases are often used by prohibited persons to get around background checks. A person with a clean record, often female, is used to fill out the Form 4473 and to make the purchase with money provided by the prohibited person. This person, the straw purchaser, has just broken federal law by lying on the Form 4473 when they said they were the actual purchaser in response to Question 21.a. That is a violation of 18 USC 922a6. Violating that statute carries a sentence of up to 10 years.

If you look at the prosecution statistics for lying on the Form 4473, you find that it is not often prosecuted. In FY 2013-FY 2017 or the second Obama term, there were a total of 533 prosecutions for this offense. They made up only 1.4% of all prosecutions for violating federal firearms laws. Being a felon in possession made up the overwhelming majority of prosecutions. It appears the Trump Administration made it more a priority as prosecutions increased to 2.6% in the first year of that administration. The database from Syracuse University did not specify how many people were actually convicted nor what sentences were given.

Bearing this in mind, it was interesting to receive a press release from the BATFE Chicago Field Division on just such an arrest and indictment. Usually these releases talk about either a reward for information on a gun store burglary or the conviction of violent criminal/gang member/drug dealer on a multitude of charges.

A woman has been indicted on federal firearm charges for allegedly straw purchasing handguns in a Chicago suburb on behalf of another individual.

On three occasions in 2019 and 2020, DIAMOND SMITH purchased a total of seven handguns, including two semi-automatic pistols, from a licensed firearms dealer in Oak Forest, Ill., and falsely certified on federal forms that she was the actual buyer, according to an indictment returned in U.S. District Court in Chicago.  In reality, Smith purchased the guns on behalf of another individual, the charges allege.

Smith, 28, of Chicago, is charged with three counts of making false statements in connection with the acquisition of a firearm….

“Straw purchasers too often play a grave role in enabling the unlawful possession of guns and the violence that can follow,” said U.S. Attorney Lausch. “Our office is committed to working with our law enforcement partners to stop the flow of guns to individuals who cannot legally purchase them.”

After reading the actual indictment, the firearms purchased by Smith were all semi-auto pistols. There were four Glocks, a Walther, a Taurus, and a Smith & Wesson. Notably, one was listed as a “Glock G42 .390 caliber pistol.” I can’t say I’m surprised that no one caught that little error.