2A News (Second Amendment News)

Litigation, Legislation, NRA, Only Ones

Litigation

Mexican $10 billion lawsuit against U.S. gun makers dismissed. All of the claims are either barred by federal law (PLCAA) or fail for other reasons. Mexico says it will appeal. No word on U.S. suits or charges against Mexicans breaking all sorts of U.S. laws.

The families of three students who survived the Uvalde, TX, school massacre have filed the first federal lawsuit seeking damages from the school district, the city, police officials and gun suppliers in the mass shooting. The complaint filed in the U.S. District Court for the Western District of Texas accuses the Uvalde Consolidated Independent School District, the principal of Robb Elementary School, the city of Uvalde and law-enforcement officials of “significant failures” (well duh) and firearms companies of “negligence, recklessness, and nuisance allegations.” A $27 billion class-action suit is also reportedly in the works.

A new lawsuit was filed last week in federal court by three gun owners, the Connecticut Citizens Defense League and the Second Amendment Foundation, seeking to overturn the state’s prohibition of evil black rifles.

More than two dozen churches and a socially conservative organization, New Yorkers for Constitutional Freedoms, have filed a federal lawsuit challenging New York’s Conceal Carry Improvement Act (CCIA) restrictions on guns in “sensitive” areas, including churches. The suit argues that such a ban violates their Second Amendment rights as well as a natural right to self-defense while attending a religious service. “By making it unlawful for most people to carry firearms in churches and other houses of worship, the CCIA deprives ordinary New Yorkers of their constitutionally protected right to bear arms,” said the Rev. Jason McGuire, the executive director of New Yorkers for Constitutional Freedoms. Pretty much like Mississippi.

The U.S. Supreme Court has declined, without dissent, to hear two bump stock ban cases, Aposhian v. Garland and GOA v. Garland. How would you like a high-paying ($274,200) occupation where you could decline whatever work you don’t want?

These are not really Second Amendment cases but instead are about whether a federal agency can redefine federal law in the absence of specific statutory authority to do so (the Chevron deference). Attorney Mark W. Smith speculates that this may be a legal scenario and setup to wait for a better case to strip much of the unrestrained rulemaking power away from all federal agencies in what would be a blockbuster ruling, and such a case is in the courts now.

SCOTUS has remanded a case challenging a Massachusetts state law barring those convicted of certain misdemeanors, even non-violent ones, from ever buying guns again. The U.S. District Court of Massachusetts originally found the law constitutional, but the Supreme Court that ruling vacated and the case “remanded to the United States Court of Appeals for the First Circuit for further consideration in light of New York State Rifle & Pistol Assn., Inc. v. Bruen.” The case is Morin v. Lyver.

SCOTUS is still holding four gun related cases in conference: Duncan v. Bonta challenges California’s full capacity magazine ban; Association of New Jersey Rifle & Pistol Clubs v. Platkin challenges a nearly identical law in New Jersey; Bianchi v. Frosh argues that Maryland’s ban on “assault weapons” is unconstitutional; and Young v. Hawaii challenges that state’s “may issue” policy for selling government permission slips to openly bear arms.

U.S. District Judge Robert W. Gettleman of the Northern District of Illinois has ruled that a federal law prohibiting drug addicts and people who illegally use controlled substances from possessing firearms does not violate the Second Amendment.

In a GOA-brought case, Judge Joshua H. Roberts of the Philadelphia Court of Common Pleas has issued a permanent injunction against Mayor Jim Kenney’s (D) executive order banning guns from Philadelphia parks and recreation facilities, because the order was in clear violation of the state’s preemption law, which says localities can not pass gun restrictions beyond what the state has adopted.

“Actor” Alec Baldwin and the “Rust” movie producers have reached a settlement of the wrongful death case with the family of the film’s cinematographer Halyna Hutchins, who Baldwin fatally shot on the set a year ago. The deal, which is pending court approval, also says production of the film will resume in January – perhaps not in New Mexico – with the movie’s original director, Joel Souza (who was also shot with the same bullet), and with Halyna Hutchins’ widower Matthew Hutchins as executive producer. I suppose that just goes to prove that Hollywood is truly insane. The civil settlement has no bearing on a possible criminal case, which is still up in the air.

Legislation & Regulation

Action Item

  • Support the bill to remove short-barreled rifles, short-barreled shotguns and “any other weapons” from NFA requirements.

ATF posts open letter on “Final Rule” (link downloads pdf document) about unfinished frames and receivers. We note that such letters can be changed, modified or rescinded at any time, presumably including retroactive prosecutions.

And then there’s the court order.

And the expanded injunction.

California is still crazy.

The Mississippi State Board of Education voted to permanently adopt a new policy regarding weapons on campuses, eliminating an existing one that conflicted with state law. We note that some campuses have illicitly designated pretty much all interior spaces as “non public” after an attorney general’s opinion stated they could bar the general public from sensitive areas and thereby keep guns out. But if they let you into that area without a gun, then you are also legal there with a gun and the enhanced license. I (not a lawyer) believe that a person with the enhanced carry license who carries in the “non public” area would not be guilty of any gun offense, but only, maybe, trespassing.

gun rules meme

Credit card gun shop code update

I’m thinking if you buy stuff at gun shops 3-5 times a week and put it all on your credit cards they will quit worrying about it and take your money.

Credit Card Situation Not As Bad As Feared, But Still Dangerous

Voting

NSSF report cards are out.

The NSSF rates Mississippi’s incumbent federal delegation as follows:

  • Sen. Roger Wicker A+
  • Sen. Cindy Hyde-Smith A+
  • Rep. Trent Kelly A+
  • Rep. Steven Palazzo (lame duck) A+
  • Rep. Michael Guest A+
  • Rep. Bennie Thompson F

NRA PVF ratings are here.

For the first time in at least 25 years, no Democrat got a top grade.

You might check to see which ones are co-sponsors of S. 4986: A bill to amend the Internal Revenue Code of 1986 to remove short-barreled rifles, short-barreled shotguns, and certain other weapons from the definition of firearms for purposes of the National Firearms Act.

NRA update

Cox: LaPierre fabricated his entire story to the Board.

NRA Board attorney testimony.

Last Thursday, NY Supreme Court Justice Joel Cohen agreed to let New York Attorney General Letitia James to continue efforts to appoint an independent monitor to oversee the NRA’s finances, along with an effort to reclaim millions of dollars in back-salary from EVP Wayne LaPierre when the two-year old lawsuit goes to trial. James is trying to recover what her office calls significant amounts of LaPierre’s salary since 2014, when LaPierre made more than $1 million annually. According to court filings, he is currently under contract to earn $1.5 million through 2025. James’ lawsuit alleges – with significant evidence – that LaPierre and three other NRA executives “lined their pockets” with member donations, using membership funds for everything from luxury vacations to chartered aircraft for family members.

Big Brother

Left Lies

Department of Idiocy

The Merced Sun Star newspaper in Merced, California blasted out a headline freaking out over a suspected gang member arrested with “nearly 50 rounds of ammo.” Dudes, my carry load is more than twice that. But I’m old and don’t want to make an extra trip back to the truck.

A New York man made $21,000 during a state gun buyback program by 3D printing over 100 lower receivers and turning them over to Utica police. The report does not indicate whether the receivers were “guns” or just unfinished parts under the ATF’s 80% rule. If they are unfinished then it seems that the cops shouldn’t have bought them, since they aren’t guns. If they are guns, then presumably the man would have to have a manufacturer’s FFL to legally sell them. Don’t try this at home. The NY rules have since been changed to close this loophole.

Enemies

Pennsylvania Lieutenant Governor John Fetterman (D), who says he’s always wanted to ban guns, has attacked National Rifle Association members as the “lunatic fringe of gun ownership.” In 2013, Fetterman pointed a shotgun at an unarmed, innocent black jogger. No word on charges.

Friends

The East Henderson (NC) Youth Football and Cheerleading League expected to raise maybe $3,000 in their raffle for a FN-15 patrol rifle. But due to the controversy over a youth group having anything to do with a (horrors!) gun, they raised 10 times that amount.

……….

cartoon

GFZs

A former policeman killed 34 people including 22 children in a shooting rampage at a daycare center in eastern Thailand on Thursday, later shooting dead his wife and child at their home before turning his weapon on himself, police said. Thailand has very restrictive gun control laws.

Las Vegas concert massacre follow-up

ISIS jihad motive? Could be.

The Only Ones

Seven Washington, D.C., police officers and supervisors who confiscated “illegal” guns without making arrests are being investigated. Word on the street is that this happens all day, every day, in nearly every jurisdiction across the country, not just with seven cops in one town. You reporters and investigators ain’t trying.

Meanwhile in Yazoo County, MS, Youth Court Judge Betsy Cotton said the cops can’t legally steal guns. Duh.

An investigation by the New York State Attorney General’s office has concluded that an off-duty Rochester Police Department Sergeant Melvin Williams murdered Janet Jordan, a 911 dispatcher, in her home March 14, 2022, before taking his own life a few hours later.

Former Tucson police officer Ryan Remington was criminally charged for shooting a suspected shoplifter in a wheelchair nine times as he moved away from police with his back to them.

Two Polk County, FL, sheriff’s deputies serving a warrant inside a mobile home shot at the suspect who was wielding a BB gun, but one of them also fatally shot a third deputy who was outside. The original suspect survived and will be charged with second degree murder in the incident. FYI aluminum mobile home walls don’t stop bullets.

An unidentified security guard’s handgun went off in a staff bathroom at Oxford Middle School in Oakland County, MI, where a school security guard was using the single-stall staff restroom, and he placed his handgun on a door hook. While he was retrieving his weapon from the hook, it caught on the lower portion of the hook and discharged into the cement ceiling. No injuries. The guard is a retired police officer with 28 years of experience. But apparently no experience in gun safety. Just FYI: Never hang a gun by the trigger guard on a hook.

Air guns are deadly. Still.

A 25-year-old Birmingham, AL, woman found dead in an intersection on the city’s eastside was fatally shot with a pellet gun. I once caught a guy shooting an air gun at passing traffic on a busy street popular with “cruisers.” Fortunately in that case there were no serious injuries and the man went to jail. Unfortunately his partner in crime was never identified.

Tactics

  • Ayoob speaks. Always listen.

“…when a prosecutor hires an outside expert instead, it’s usually because to make their case they need things to be said that no honest police instructor will say.”

Statistics

Even the anti-gun CDC admits the average overall homicide rate among the sixteen constitutional carry states in 2020 was 6.9 per 100,000, beating the national average of 7.5 per 100,000.

New gun owners

  • Confirmed: About 13.8 million U.S. gun purchasers in 2020 and 2021 were first time gun buyers. The new owners are reportedly heavily liberal, female and minority.

Products

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We are now living in a country our Founding Fathers fought to escape.

Don’t miss my next post!

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