Litigation
The Firearms Policy Coalition (FPC) filed a new lawsuit challenging the ATF’s rule that would create new terms and enact a slew of regulations for the agency to enforce, including ones that would treat non-frames and non-receivers as if they were actual frames and receivers of weapons, contrary to federal law. The complaint in VanDerStok v. Garland can be viewed at FPCLegal.org.
The Firearms Policy Coalition and FPC Action Foundation announced its successful appeal in Oakland Tactical Supply, LLC v. Howell Township, Michigan, which challenges zoning restrictions imposed by the Township that prohibit shooting ranges for long guns. Because of this key decision, the case can now proceed at the trial court under the review standard outlined in NYSRPA v. Bruen.
The Second Amendment Foundation and others have filed a federal lawsuit challenging California’s Senate Bill 264, a ban on gun shows held on public property that was passed and signed into law by Governor Gavin Newsom. Similar local bans on gun shows on public property in California have already been overturned.
Texas Attorney General Ken Paxton has amended the complaint filed in federal court against the U.S. Attorney General Merrick Garland, in the Texas lawsuit against the ATF, challenging the constitutionality of the NFA and GCA 1968 to regulate privately made silencers/suppressors/gun mufflers made and kept in Texas. The amendment incorporates the Second Amendment decision by the Supreme Court in Bruen, which establishes a refined and clarified procedure for courts to use in Second Amendment cases.
U.S. District Court Judge John Tunheim of the District of Minnesota has ruled that the Minnesota State Fair’s ban on the lawful carry of firearms by permit holders satisfies strict scrutiny because the fair is a “sensitive place,” and found that Minnesota’s preemption statutes do not give private individuals the right to sue over these actions. In the Supreme Court’s Bruen decision, Justice Clarence Thomas wrote that although some places could ban guns because they are “sensitive areas,” the mere fact that people gather in a location is not enough for the area to be considered “sensitive.” Further, Judge Tunheim used the “means-end scrutiny” and “narrow tailoring” in his decision. Both are strictly prohibited from being used in Second Amendment cases. This ruling should get slapped down posthaste, as should the “judge.”
Restoring the Right to Bear Arms: New York State Rifle & Pistol Association v. Bruen, by David B. Kopel. (Click one of the links at the bottom of the abstract page. This is a pretty good analysis of the Bruen decision, but it is a shame that Kopel did not point out the glaring errors made by the Court in the Heller, McDonald, and Bruen cases.)
Gun Law History
1934 NFA, the Failed 1938 NFA, Miller, & the Regulation of Gun Parts
And for those on the Left who erroneously claim that the founding fathers could never have anticipated what the Left calls “assault weapons” today.
Legislation
Utah is seeing a surge in child support payments over the past year, partly due to a new state law that blocks anyone from obtaining a hunting or fishing license if they are past due more than $2,500 in child support for a year. Good idea. Of course not only should those deadbeats support their kids, they ought to be taking their kids hunting and fishing with them. Perhaps the law should require an adult license that’s only valid when the adult is accompanied by his kid and which prohibits the adult from taking any animal or fish until after the kid has scored.
Project Gunwalker
Continues to unfold.
Dell’Aquila Lawsuit Against NRA Revived
That’s a good thing.
Enemies
The acting attorney general of New Jersey, Matthew Platkin, announced last month the creation of a new office in the state whose sole purpose is to sue firearms companies. The Statewide Affirmative Firearms Enforcement (SAFE) office will reportedly “bring civil enforcement actions against gunmakers and dealers that ‘knowingly or recklessly contribute to a public nuisance in New Jersey through unlawful or unreasonable conduct.'”
I suggest that the mere creation of that office is likely in violation of the federal Protection in Lawful Commerce in Arms Act, which was passed into law precisely to prevent such frivolous nonsense.
“Oh you have a policy? I have a policy too. My policy is I’m not gonna let somebody kill me.” – Tom Gresham
Big, Fat, Stinkin Liar
Francis “Beto” O’Rourke’s campaign released a new social media ad last Sunday claiming that he wants to protect our Second Amendment. Or you can believe him when he said, “Hell yes, we’re going to take your AR-15, your AK-47.”
Baldwin
Right on cue after we mentioned we’re still waiting for developments in the homicide case involving former actor Alec Baldwin, the FBI forensics report found that the single action revolver used, a .45 Colt caliber F.lli Pietta, could not be fired without someone pulling the trigger. Investigators found that an accidental discharge was impossible in the quarter-cock, half-cock and full cock hammer positions, and, with the hammer fully cocked, the gun “could not be made to fire without a pull of the trigger while the working internal components were intact and functional.” Of course we knew all that.
Baldwin claims he didn’t pull the trigger. Perhaps he is lying – that would not be the first time. Perhaps he held the trigger back while cocking and the hammer slipped (see below). That counts as pulling the trigger. And of course cocking a gun while pointing it at anyone sets up exactly such a tragedy.
In an ABC News interview late last year, Baldwin said that he pulled “the hammer as far back as I could without cocking” it and then he “let go of the hammer” and “bang, the gun goes off.”
YOYO
About depending on cops to protect you
How to select an attorney for a self defense case.
Ayoob. Take the 10 minutes. If you know of such lawyers, please send me their info.
Vehicle tactics
Vehicle Tactics in a Carjacking — How To Play It Safe
Safety
Army duds
I just couldn’t resist this item. The Army is in the process of developing a flame-retardant tactical bra for female soldiers. Me, I’m waiting to see the stealth version.
Recall
Tristar Arms, Inc. has recently discovered a potential safety issue with certain TriStar Viper G2 .410 Shotguns which may lead to serious personal injury and/or damage to the shotgun. If a user of one of the recalled guns prematurely releases a shotshell while loading or unloading, the unretained shotshell could potentially contact the Bolt Lock Button inside the loading port and detonate. You only have to return the trigger housing assembly for replacement.
Products
The Pentagon is funding a re-boot of the U.S. black powder business because the military has certain uses for the explosive.
Anybody need a new 12 ga. riot gun for $125?
Smith & Wesson’s new Model 350TM is an X-Frame revolver chambered in 350 Legend with a 7.5″ ported barrel and 7-round fluted cylinder that utilizes moon clips for loading and unloading. 71.5 oz., $1600.
Hornady’s Sub-X® (Subsonic – eXpanding) bullets are designed to provide deep penetration below the speed of sound, using lead cores, Interlock rings, long grooves in its gilding metal jacket, and a flat profiled Flex Tip® insert within the bullet’s hollowpoint cavity to help it expand reliably at low velocities. Cannelures provide positive case crimp. Available in .308″/175 and 190 gr., .357″/250 gr., .452″/395 gr., and .458″/410 gr.
Interesting developments in boat motors. Just in case you’re interested.
In Closing
“Rotating the Happy Switch around to the Hallelujah position will cure what ails you.” – Dr. Will Dabbs
In the twentieth century, over 200 million disarmed victims (not soldiers killed in battle) were murdered by governments.