SCOTUS Grants Cert In VanDerStok Case

The US Supreme Court granted certiorari in Garland v. VanDerStok today. It was one of two cases granted certiorari in the Order List released this morning. The case was a challenge to the ATF’s “frames and receivers” rule published in 2022. The Second Amendment Foundation as an intervenor had won the case in the 5th Circuit Court of Appeals and the Justice Department appealed their loss to the Supreme Court.

As Lauren Hill of SAF noted to me in an email this morning, this will mark the second time SAF will argue a case in the Supreme Court following their win the McDonald v. City of Chicago.

There were only two amicus briefs filed in this case before it was granted certiorari. Both were in favor of the Supreme Court taking the case. One was filed by a number of anti-gun attorney generals. Sadly, this included Josh Stein, AG of North Carolina, who is the Democrat nominee for governor. The other amicus brief was by a coalition of the gun prohibitionist groups including Everytown, Brady, Giffords, and March for Our Lives. I anticipate that there will be a slew of amicus briefs filed on both sides now that cert has been granted.

ATF Posts Rule On “Engaged In The Business” Today

The Bureau of Alcohol, Tobacco, Firearms, and Explosives has posted their rule (Document Citation 89 FR 28968) defining what they contend is “engaged in the business” of dealing firearms. The rule was posted in the Federal Register early this morning and will become effective on May 20, 2024. They assert this redefinition was forced upon them by the change in wording of a dealer put into the Bipartisan Safer Communities Act. While both Senators John Cornyn (R-TX) and Thom Tillis (R-NC) contend this was not their intention, they were stupid enough to believe Chris Murphy and the rest of the gun prohibitionist Democrats.

Bill Sacks of the Second Amendment Foundation breaks down the new rule and provides an explanation of it. I should note the full PDF post of the ruling goes for 126 pages.

I have not read all 126 pages of the ruling. However, I did see that they had received 258,000 comments in favor of the rule with only 99,000 opposing it. That said, 98% of those in favor of the rule submitted boilerplate wording from one of the gun control corporate entities. By contrast, only 81% of the comments opposing the new rule were boilerplate meaning that those opposed to the rule were much more likely to submit a pertinent comment. It does bother me that the prohibitionists were able to generate 2 1/2 times more comments in favor of the rule than we did in opposition. Of course the numbers could have been reversed and the Department of Justice would still have ruled as they did. It is obvious reading the responses that we don’t count in this administration.

I fully anticipate organizations such as SAF, FPC, and GOA will file suit against this rule in the days to come. Now that Joseph Greenlee is the Director of Litigation for the NRA-ILA there is some hope that they will also file suit.

I did hear a suggestion today that we should overwhelm the ATF by having everyone pony up the $2-300 required for a 01 FFL and submit their application. You may remember that prior to the Clinton Administration raising the cost there were approximately 300,000 FFLs in the US. Today the number is between 50,000 and 80,000. It is an interesting approach but one I don’t think I’ll take.

Interesting Partnership For SAF

The Second Amendment Foundation and Chris Cox’s Capital 6 Advisors announced they will be working together on several projects. The announcement was made yesterday on the SAF website.

From the release:

“We’re bringing Cap6 aboard in an advisory capacity on a number of different projects,” said SAF Executive Director Adam Kraut. “SAF has been the nation’s leading force in the Second Amendment litigation world. As we look towards the future, I am humbled and excited to have another major influence in the Second Amendment sphere, along with his talented team, available as a resource to help me implement my ideas and shape SAF’s trajectory for the next 50 years.

“We are excited to work with Adam Kraut and the team at SAF,” said Cap6 President Chris Cox. “The Second Amendment faces unprecedented attacks and America’s law-abiding gun owners deserve real and transparent leadership. I’m proud to deploy my decades of experience advancing the cause of freedom alongside a team I respect and trust. SAF’s best days are ahead of it and law-abiding gun owners everywhere depend on it.”

I think this will be a fruitful partnership. Chris Cox brings his Washington based contacts and his 25 years with NRA-ILA to the table while the SAF brings their superior 2A litigation experience. The mix of the political strategy with the legal strategy should prove to be a winning combination. It is time to take pro-2A lawfare to the anti’s just as they have been trying to do to us lately.

Brownells’ Second Annual 2A Day

Wednesday, February 22nd, George Washington’s actual birthday, will be the Second Annual 2A Day sponsored by Brownells. As part of the celebration they will be donating $22,222 to the Second Amendment Foundation, Gun Owners of America, and the Iowa Firearms Coalition. Interestingly, a large gun rights organization for whom the CEO of Brownells once served as President is not on that list. Just saying.

More on 2A Day from Brownells below:

Brownells Invites Americans to Celebrate Second Annual 2A Day, 2-22-23

 GRINNELL, Iowa (February 13, 2023) — Brownells invites freedom loving people all across the United States to celebrate, advocate and join in the rights and liberties guaranteed under the Second Amendment of the Bill of Rights during the second annual 2A Day on 2-22-23

Smith & Wesson is the co-presenting sponsor for 2A Day 2023. Other sponsors include CCI, Federal, Fiocchi, Henry Repeating Arms, SIG Sauer, Remington and Winchester. 

2A Day offers three ways for participants to engage with their uniquely American Second Amendment rights.

CELEBRATE

Brownells is partnering with ranges –both in Iowa and across the country – to host 2A Day range sessions, with free range time and limited free ammo for celebrants.

To find a participating range nearby, visit the Brownells 2A Day web page. Those interested should contact the range of their choice to ensure they have a time and lane in which to shoot.

Brownells encourages 2A Day supporters unable to attend a participating range to shoot at a range near them, or to work on building a gun at home. All are encouraged to post photos and short videos of their own 2A Day celebrations on social media with the hashtag #2ADay.

Brownells employees will have a chance to shoot on 2A Day at the Iowa range location.

ADVOCATE

Brownells encourages all gun owners to advocate for the 2nd Amendment by contacting their state and federal lawmakers and urging them to support gun rights. The Brownells 2A Day web page will include links showing how to find and contact legislators, and how to communicate effectively with them.

JOIN

On 2A Day, Brownells encourages Second Amendment supporters to join both a national and a state-level organization promoting gun rights.

The 2A Day page will link to both the Second Amendment Foundation and Gun Owners of America as national organizations.

For state-level organizations, the 2A Day page will link directly to the Iowa Firearms Coalition, and also offer a clickable map of the United States with a link to an organization in each state.

In the spirit of joining, Brownells will donate $22,222 to the Second Amendment Foundation, Gun Owners of America and the Iowa Firearms Coalition.

To learn more, visit the Brownells 2A Day page.

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.

SAF Response To Pistol Brace Rule

The Second Amendment Foundation has an existing case filed in 2021 that currently challenges how the BATFE and DOJ went about the now-released pistol brace rule. They are joined in the lawsuit by Rainier Arms plus two individuals. Interestingly, the lawsuit was filed in the Northern District of Texas which means the precedent set by Cargill v. Garland applies. The lawsuit contends BATFE and the DOJ violated the Administrative Procedures Act as well as the Second Amendment.

From the SAF release sent out today:

BELLEVUE, WA – The Second Amendment Foundation today accused the Biden administration of “once again trying to trample the rights of gun owners” by allowing the Bureau of Alcohol, Tobacco, Firearms and Explosives to adopt a “final rule” on arm braces for modern semiautomatic pistols.

While the definition of a rifle in federal law should be clear, noted attorney Chad Flores, who is representing SAF in a federal lawsuit filed two years ago that was stayed by the court in anticipation of this new rule, it is clear the Biden administration’s new definition of a rifle ignores tradition. SAF sued ATF and the U.S. Attorney General in 2021 in a case known as SAF et. al. v. BATFE, et. al.

SAF is joined in that case by Rainier Arms, LLC and two private citizens, Samuel Walley and William Green. The lawsuit was filed in U.S. District Court for the Northern District of Texas, Dallas Division.

According to Flores’ analysis of the 291-page Final Rule, the definition of a “rifle” now turns on a bewildering six-factor test. This new definition can be controlled not by the firearm’s objective characteristics, but instead by what ATF agents in D.C. think of a manufacturer’s marketing materials or the firearm’s “likely use.”  The new rule itself is forced to admit its dramatic result: Under this new definitional regime, “a majority of the existing firearms equipped with a ‘stabilizing brace’ are likely to be classified as ‘rifles.’”  

“The Biden administration’s new rifle definition overrides the true wish of Congress, to upend the reasonable expectations of stabilizing brace users and makers nationwide,” Flores said.

SAF founder and Executive Vice President Alan M. Gottlieb noted the foundation’s 2021 lawsuit raised critical points about what has now been adopted by ATF.  

“When we started this process,” Gottlieb said, “we anticipated where the agency’s efforts would lead. With our co-plaintiffs, we will continue to challenge this new arm brace rule.”

Adam Kraut Joins SAF As Executive Director

I have known Adam Kraut for a few years now. I supported him in his runs for the NRA Board of Directors even though Marion Hammer considered him “the enemy within”. I think one of the smartest moves he made in the past was opting not to fill out a term on the NRA Board of Directors in lieu of becoming the FPC’s Director of Legal Strategy which later became the VP for Programs. He left the Firearms Policy Coalition in August to be a sole practitioner.

On Monday, it was announced that Adam would be the new Executive Director of the Second Amendment Foundation. He will be doing that full time.

From the announcement:

Kraut brings almost a decade of experience in the Second Amendment realm as a litigator and educator. Throughout his career, Kraut has represented individuals, companies, and institutional plaintiffs in state and federal litigation and regulatory matters.

In addition to his legal background, Kraut draws management experience from his time in the non-profit world, where he was responsible for overseeing the programmatic functions of a liberty-based non-profit, which concentrated on Second Amendment issues. He also managed a federal firearms licensee. Kraut comes with a variety of media experience, having written for publications such as Recoil magazine, Recoil Web, and other online publications, writing and hosting a YouTube series, hosting and appearing as guest on multiple podcasts, and appearing on television.

Alan Gottlieb, SAF’s founder and Executive VP, had this to say on the appointment:

“We’re delighted to have Adam coming aboard at a time when our legal activities are greatly expanding,” said SAF founder and Executive Vice President Alan M. Gottlieb. “He brings a wealth of experience to the position, at a critical time when we are challenging an array of restrictive gun control laws that clearly have restrained peaceable, law-abiding citizens while accomplishing nothing in the effort to reduce violent crime.

“Adam has been a SAF Life Member since 2013,” Gottlieb added. “He has a keen understanding of our mission, our history and our effort to win firearms freedom, one lawsuit at a time. We are proud to bring him aboard to fill an important role as we ramp up our fight to restore and expand the Second Amendment as the cornerstone of our Constitution.”

In accepting the position, Adam acknowledged the legacy of the Second Amendment Foundation and said he looked forward to continuing developing more cases to bring to the Supreme Court “to ensure the right to keep and bear arms is restored to its original meaning.”

I think this is a great selection. While not said out loud, I think Alan Gottlieb is looking to build a succession plan for SAF. Contrast that with Wayne LaPierre and the NRA where any thoughts of a succession plan are quickly stomped out. Healthy organizations look to succession; unhealthy organizations actively resist it.

Gun Rights Policy Conference 2022

The 37th annual Gun Rights Policy Conference will be held in Irving, Texas from September 30th to October 2nd. Due to the pandemic, the 2020 and 2021 GRPCs had to be held virtually. This year the conference returns to its regular in-person format. Starting with a reception on Friday night, the meat of the conference will be the presentations on Saturday and Sunday by speakers covering everything from legal issues to gun politics in the states to international issues.

GRPC is sponsored by the Second Amendment Foundation and the Citizens Committee for the Right to Keep and Bear Arms.

I have been an invited speaker for the past few years. As to my topic, I’m not sure what will be this year. However, I have spoken on the use of new media to build support for the Second Amendment while last year I spoke about the history of armed neutrality as represented by Swiss and Swedish firearms.

If you can only do one day, make it Saturday. You don’t need to worry about lunch as box lunches are provided free of charge. Moreover, you will go home with a library of books on the fight for gun rights. If you cannot make it, it will be streamed live on the Second Amendment Foundation’s Facebook and YouTube pages as well as on the OpsLens app.

One thing that needs to be emphasized over and over is that this is a great chance to meet fellow activists in the fight for the Second Amendment from around the country. Oh, and by the way, it is free!

GRPC-2022-Flyer

Polite Society Podcast Back On iTunes

The Polite Society Podcast has not been available for download since approximately April. Paul Lathrop, the executive producer, had a stroke around that time and the worry was more for his health than getting it online. It was still broadcast over YouTube, on Facebook, and on OpsLens as it was recorded.

Episode 512 Yehuda Remer - Polite Society Podcast - Podcast en iVoox

Well, good news! Not only has Paul recovered significantly from his stroke but the podcast will again be available for download.

Starting last night shortly after we recorded Episode 607, the RSS feed was uploaded to iTunes. You will still have to re-subscribe but it is now available. Look in the iTunes library for “Second Amendment Foundation’s Polite Society Podcast” to download it.

By the end of the week the RSS feed will be available on Stitcher and Google podcasts under the name above.

Congratulations To Cam Edwards

The Second Amendment Foundation announced earlier this week that Cam Edwards was awarded the 2021 Ray Carter Blogger of the Year Award. Congratulations to Cam on winning this award.

From the announcement:

The “Blogger of the Year” award honors the memory of Ray Carter, a lifelong gun rights activist in Washington State whose final years were spent working for SAF in its Bellevue, Washington national headquarters. Carter is remembered as “an activist’s activist” by SAF founder and Executive Vice President Alan M. Gottlieb, and one of the founders of “Blogorado,” an annual gathering of pro-gun bloggers in Colorado. Ray passed in May 2016 following a long battle with cancer, but he never gave up fighting in defense of the Second Amendment.

“Ray would have been delighted to see this award go to Cam Edwards,” Gottlieb observed. “Cam’s background and breadth of knowledge about Second Amendment issues makes him a superb writer and blogger. He knows the subject and he knows his audience, and he’s never backed away from the gun rights battle.”

“I am incredibly honored to receive the Ray Carter Blogger of the Year award,” Edwards said. “As someone who started out as a broadcaster to be recognized for my blogging and writing is really an honor. It really means a lot to me. I know I am in really good company with my colleagues.

Previous winners of the Ray Carter Blogger of the Year Award include Paul Lathrop of Polite Society Podcast (2016), Rob Morse of the Slow Facts Blog (2018), Charlie Cook of Riding Shotgun with Charlie (2019), and Rev. Kenn Blanchard of Black Man with a Gun (2020). Without engaging in too much self-promotion, I, too, am a previous winner. I was greatly honored to win this award in 2017.

I can say I was lucky enough to have met Ray aka Gay Cynic in person though not at a “Blogorado”. Dave Workman has more about Ray and the origins of the award here.