Litigation
Judge Lawrence VanDyke, writing for a three-judge panel of the U.S. Court of Appeals for the 9th Circuit, ruled last week that two California counties that shut down gun stores as nonessential businesses in 2020 due to the coronavirus pandemic violated the Constitution’s Second Amendment. Los Angeles and Ventura county had separately previously won lower court decisions stating that gun stores were not immune from shutdown orders established early in the pandemic to curb the spread of COVID-19, even though other retailers like bike shops, were allowed to remain open. The opinions in McDougall v. Ventura County and Martinez v. Villanueva can be found at FPCLaw.org.
HOWEVER, don’t look for it to stand. Here’s an interesting analysis.
The National Association for Gun Rights and gun owner Mark Sikes sued San Jose in federal court this week, less than a day after City Council members voted to approve an ordinance requiring gun owners to obtain firearm liability insurance and pay an annual fee for the exercise of their Constitutional rights. The fee is to be paid to a not-yet-formed private nonprofit that could promote an anti-gun message, and the ordinance prohibits the city from directing how the non-profit would use the funds. It’s clearly unconstitutional on First and Second Amendment grounds. Presumably the new ordinance would not apply to criminals, consistent with previous Supreme Court rulings. The complaint seeks nominal damages and an injunction to overturn the ordinance. The Associated Press reported that city officials anticipated such legal challenges heading into the vote and have received offers from local lawyers to defend them pro bono. We also understand that the legislation must get a final reading next month, with an effective date in August, so this suit may be premature. Other, more competent gun rights groups will be joining the fight.
SCOTUS
You’ve undoubtedly heard that radically anti-gun liberal U.S. Supreme Court Justice Stephen Breyer, 83, (the oldest and most forgettable one) is retiring at the end of the current term. President Biden, who can never be believed, has pledged to first appoint only a black female to the Court. No other qualifications were mentioned. One wonders what the fallout would be if a president pledged to only appoint white males…
The U.S. Senate is split 50-50 between Democrats and Republicans, and Vice President Kamala Harris is the tie-breaking vote on nominations.
You can add your name to GOA’s pre-written letter to urge your two Senators to reject any anti-gun replacement nominated by President Joe Biden. I added “Please” to the subject line.
History shows that Republican voters tend to be more motivated by the makeup of the Supreme Court than Democratic voters. However that doesn’t mean that Democratic voters are unmotivated by something else. Likely SCOTUS nominees are my singular criterion when voting for president and my top consideration when voting for senators.
Legislation
GOA invites you to thank or spank your senators for their vote here.
The Mississippi Legislature has passed a medical marijuana bill. Remember, that makes users a prohibited person under federal gun laws.
BATmen
The “improved” eForms platform launched by the Bureau of Alcohol, Tobacco, Firearms, and Explosives to review and process ATF Forms 1, 2, 3, 4, 5, 6, 6A, 9, 10 and 5300.11 applications online, is finding implementation bugs. But they don’t want us talking about it, so “sshhh.”
“Any review, use, or dissemination of this e-mail message and any attached file(s) in any form outside of the Bureau of Alcohol, Tobacco, Firearms & Explosives or the Department of Justice without express authorization is strictly prohibited.”
We also have a rumor that the administration is about to try to restrict the Mossberg Shockwave and similar “non-shotgun” firearms.
ATF is working on closing the Amish loophole.
Q: What goes “Clip-clop, clip-clop, clip-clop, bang, bang, bang, clip-clop, clip-clop, clip-clop?”
A: An Amish drive-by.
The Only Ones
Grand Rapids [MI] Police Officer Greg Bauer is charged with one count of careless discharge of a firearm causing property damage under $50 after police say he unintentionally fired his gun while he and other officers were accosting a citizen. Bauer faces a maximum sentence of 90 days in jail and a fine of $100.
An unidentified off-duty Oakdale [CA] police officer was inside a hospital room at Sutter General Hospital in Sacramento visiting a family member who was a patient and was about to go for a walk when he began handling his weapon and shot himself. The officer, speculated to be Lieutenant Andy Stever, is reported to be recovering and embarrassed, but so far not disciplined or arrested. Gun free zone. Don’t play with your gun.
Active-duty Army Specialist Yunique Weathers, 22, assigned with the 503rd Military Police Battalion, 16th Military Police Brigade, Ft. Bragg, NC, has been charged with murder in the shooting death of a 21-year-old woman in a field in Horry County, South Carolina.
Las Vegas Metropolitan Police Department SWAT officers served a warrant at the wrong address and killed the occupant who likely believed (correctly) that he was the victim of a home invasion. Apparently no murder charges have been filed against any of the officers.
Enemies
MSNBC Host Tiffany Cross: People Need To “Pick Up A Weapon And Get Involved” In “The War” For America… by shooting Republicans.
So nobody is trying to take our guns? Think again.
“It is time we take real action and repeal the Second Amendment.” – Shannon Liss-Riordan, candidate for Massachusetts Attorney General
So, how would she swear to defend the Constitution? Perjuriously?
Criminals
Thieves have been breaking into Union Pacific freight trains in Los Angeles and stealing guns from cargo containers. So much for those background checks and waiting periods.
Muggers: Q&A. Very interesting.
The United States charged six men this week in a plot to smuggle weapons and ammunition to a Mexican drug cartel in March of 2020. None of those charged are reported to be U.S. federal employees, who were complicit in the equally felonious “Fast & Furious” or similar ATF gunwalking debacles.
After a 17-year-old student shot a 15-year-old student in a bathroom at a Maryland high school, investigators learned that other students who had been in the bathroom tweeted about the shooting, identifying the suspect and the victim, instead of calling 911 or alerting staff that a classmate had been shot. The critically wounded student wasn’t found until a security sweep during the change in classes. I suggest those twits should be charged as accessories to the crime, because that’s what they are.
OC Spray
“OC Spray is best utilized in a preemptive capacity.”
Keep Calm and Defuse
Deep penetration of solid rifle bullets in large animals
Remember that math isn’t science and that some of the science here isn’t either. However it is interesting and informative (pdf document).
Hydra-Shok
The Federal Hydra-Shok bullet was very good. Originally offered by the Hydra-Shok Corporation and improved over the years, it’s better than ever. And now we have the Hydra-Shok Deep.
Primers! We have primers! Finally.
Expansion Industries, an ammunition manufacturing company whose corporate offices are based out of Carrollton (Dallas), Texas, is working to open a manufacturing facility near Texarkana, Texas, after purchasing the main G Line of the former Lone Star Army Ammunition plant and preparing the site for operations, including a hiring drive to pursue more than 400 new employees. The facility will specialize in the production of primers. The new $100M state-of-the-art facility is slated to be up and running in the first few months of this year. This is a big deal. Perhaps an even bigger deal is that the company is not owned by either Vista or Olin.
More on ammo shortages. A good read. This may be a really good time to start an ammo or components production business.
Products
Black Collar Arms APS (Adjustable Pistol Support). It isn’t a stock. It isn’t a brace. Good luck with that, ATF.
The WEE1 JR-15 .22Cal Long Rifle is a 20% downsized AR style rifle for the kiddies. 2.3 lbs. I want one with an adult sized stock. And threaded barrel, of course.
Check out Rock Island Armory’s VRF14 “not a shotgun” 12 gauge semiauto magazine fed pistol. Now if they would make a lighter one in 20 gauge. 6.6 lbs., $600.
Like to load 30 rounds into your 30-round AR mags? The Speed Tac bolt carrier can help.
Federal Ammunition will be 100 years old this year and is marking the anniversary with special-edition commemorative, collectible packaging that honors classic Federal shotshell, rifle and handgun products.
Franklin Armory has introduced a binary trigger (and slide) for certain Glock pistols. The pistol fires when you pull the trigger, and fires again when you release the trigger. Yeah, nothing can go wrong there. Don’t. Just don’t.
Since Diamondback Firearms announced their new DB Sidekick .22LR/.22WMR DA/SA revolver, they have also mentioned that its grips are interchangeable with the Ruger Wrangler, there is likely an upgrade of the cylinder release plunger on the way, and Diamondback plans to make other revolvers in the future.