Litigation

U.S. District Court Judge Reed O’Connor of the Northern District of Texas, Fort Worth Division, has granted a preliminary injunction (pdf link) against the federal government’s enforcement of the final rule regarding partially manufactured firearm parts and kits in a case known as VanDerStok v. Garland, which challenged the authority of the Justice Department and ATF to regulate items that are not firearms, as if they were firearms. The judge stated, that “[t]he Government’s likely ultra vires [exceeding legal authority] enforcement efforts upset decades of ATF regulatory precedent against a public that has relied on that historic posture” and “the liberty interests of law-abiding citizens wishing to engage in historically lawful conduct (dealing in now-regulated parts)—which Defense Distributed shares—outweighs the Government’s competing interest in preventing prohibited persons from unlawfully possessing firearms.” This probably indicates that the pistol brace ban is also in trouble.

In fact, Gun Owners of America has filed for a preliminary injunction in the U.S. District Court for the Southern District of Texas against the ATF’s pistol brace rule. There are now multiple lawsuits around the country challenging the ATF’s attempt to reclassify pistols with stabilizing devices to turn them into short-barreled rifles, which would subject them to the onerous requirements of the National Firearms Act of 1934.

Update on U.S. Fifth Circuit bump stocks and the Chevron defense. It seems that ATF may have thrown in the towel. The Circuit Court of Appeals remanded the case back to the District Court to rule in favor of the Plaintiff and issue the appropriate relief, but the District judge simply received the case back, ruled in favor of the Plaintiff, and ordered the case closed, but the judge did not grant any relief as ordered by the Circuit Court, leaving the issue of legality for bump stocks undecided.

A three-judge panel for the Eleventh U.S. Circuit Court of Appeals has unanimously ruled that the Second Amendment does not protect the ability of 18-to-20-year-olds to purchase firearms, siding with the state Florida’s sales ban. The Court concluded the law, which prohibits sales to those under the age of 21, “is consistent with our Nation’s historical tradition of firearm regulation” as required under the Bruen decision. I believe that finding is erroneous, but I’m no historian. This decision of course conflicts with last year’s ruling by the U.S. District Court for Northern District of Texas that a Texas law prohibiting 18-to-20-year-olds from carrying handguns for self-defense was inconsistent with the Second Amendment. Historical laws which limit what people under 18 may do are few, and inconsistent except for voting, which was limited, generally to adults aged 21 or over. I am curious about what age limits on the acquisition, possession, or carry of firearms existed prior to 1968.

Macon County, IL, Judge Rodney Forbes has ruled that Illinois’ new “assault weapons” ban and registry violates the equal protection and special legislation clauses of the Illinois Constitution. The state’s 5th Circuit Court of Appeals, a court higher than Forbes’s court, had already upheld a ruling that granted a temporary restraining order on the law, which prevented enforcement of the ban against named plaintiffs only, partially tying into Forbes’ decision. However, the latest ruling deemed the law unconstitutional statewide. The state is appealing to the Illinois Supreme Court.

U.S. District Court Judge Brian Wimes of the Western District of Missouri has ruled that Missouri’s Second Amendment Protection Act violates the U.S. Constitution’s supremacy clause. Interesting and complicated (pdf link). Holistically speaking, one does have to wonder how a law specifically upholding the Constitution, is unconstitutional. We have a report that Missouri’s attorney general will appeal. No word on similar supremacy clause rulings regarding “sanctuary cities” and the like for illegal aliens.

Civil rights supporters are asking a U.S. District Court judge to appoint a federal monitor to oversee the NYPD’s gun licensing bureau to ensure the city’s bizarre licensing scheme isn’t violating applicants’ rights.

Are suicidal people mentally ill prohibited persons?

Court rulings on fishing access to public waters. I would presume that the reason for the access is irrelevant, and the legal principle would also apply to hunting, birdwatching, hiking, or whatever.

Big Brother

• Fight back here against the Biden-Harris Administration’s secret illegal registry of gun and gun owner records.
• “Nobody is coming to take your guns.” Wanna bet?
• We don’t need no stinkin’ warrants.

The Only Ones

• The Los Angeles Sheriff’s Department is run by gangs. Really.

Enemies

• Bank of America.
• Visa, Mastercard, American Express, and Discover have decided to “pause” work related to creating and implementing a Merchant Category Code (MCC) for businesses that sell guns. In other words, they’re trying to figure out how to get away with it. If they decided that together, isn’t that some sort of illegal collusion?
• The Gun Violence Archive, parroted by CNN and the like, says the U.S. has already had 100 “mass shootings” in 2023. But, “mass shooting” = 4 people shot, none dead. It all depends on what “is” is.
• And GunPolicy.org, a gun ban group is ginning up to take away your rimfire squirrel rifles. This is posted on their website.
• Bloomberg-Backed Gun Control Group Swipes NSSF-provided Project ChildSafe Kits to Pass Off as Their Own. Liars.
• Rabidly anti-gun U.S. Rep. Cori Bush (D-MO), who wants to defund the police to make life more dangerous for her constituents while spending hundreds of thousands of dollars for her own private, armed security, recently married a member of her private security detail – someone who was/is on her payroll (and that itself is under investigation) – named Courtney Merritts, who likely carries a firearm everyday for his “job” even though he wasn’t properly licensed in Missouri. So how’s that marriage gonna work?
• The Biden Effect.
• PETA kills. Literally.

DGUs

• The Armed Citizen – March 3, 2023
• The Armed Citizen – March 6, 2023
• Armed Citizens Are Fighting Back
• Why do you “need” an AR? Bears.

Not DGUs

“Police arrived three minutes after the first 911 call.”

How long is a lifetime? 3 minutes/11 deaths = 16 seconds. That may be all you have.

Why carry all the time? In case of a fatal monkey attack.

Stats

Rutgers School of Public Health professor Mike Anestis says “Suicide accounts for anywhere from 60% to 65% of all the ‘gun deaths’ in the United States in any given year.” So, if you take suicides and accidents out of the mix, what is the motivation behind gun control efforts allegedly to reduce “crime?”

Tactics

• Spaulding on survival.
• Spaulding on Stopping Power.
• Wasp Spray Is for Wasps.
• What can happen when you load the wrong ammo or load ammo wrong.
• Think like a criminal.

“Any time you hear, ‘Shelter in place!’ and ‘We’re in lock-down!’ adhering to that advice is likely to be fatal.” (I wouldn’t say likely, but would say has a probability. – JP)

Competition

• Well, I missed it again. The Tactical Games 2023 Mississippi Regional event took place February 18-19 in Meridian, Mississippi.
• The Civilian Marksmanship Program hosted its first installment of the new Talladega Quarterly Matches on Feb. 23.
• The Civilian Marksmanship Program’s 2023 Eastern CMP Games and Highpower Rifle Matches are set to be held April 28 through May 7, at the Camp Butner Training Facility in North Carolina.
• The End of Trail Cowboy Action Shooting competition made its first official debut in Arizona last weekend.

Industry news

• A conversation with Robert Nioa, the second-generation owner/manager of the company that acquired Barrett.
• Cylinder & Slide to remain open. Yay!

Products

• Fiocchi’s new Knock Down ammunition features all-copper hollow point bullets and is available in eight popular deer hunting calibers from .243 Win. to .300 Win. Mag.
• Rock River Arms has a new Operator DMR (Designated Marksman Rifle) series that includes four models chambered for .308/7.62×51 and two models chambered in .223/5.56 NATO.
• Spohr GmbH revolvers from Germany. Impressive. You will have to translate the website (right click, then “Translate to English”).
• Francolin Arms has a lot of interesting shotguns in pretty much every action type. The newest is a 20 gauge revolver shotgun. Cool.
• FK Brno has successfully developed prototype 7.5mm FK rounds that will defeat Level IV rifle-rated body armor out of a handgun.

Just a cool pic.

2023 MS Gun Bills

Summary of gun related bills still alive this legislative session. NOT guaranteed complete.

Next deadline: March 23 to concur or not concur with amendments from the other house.

http://www.legislature.ms.gov/legislation/ (Apparently requires Microsoft Edge browser.)

3/8/2023

HB 281
By: Rep. Currie
To: Jud. B
PASSED HOUSE. PASSED SENATE JUD. B. AMENDED AND PASSED IN THE SENATE. RETURNED TO THE HOUSE FOR CONCURRENCE.

Provides that the beneficiary of a law enforcement officer who is killed in the line of duty may be allowed to purchase as his or her personal property one (1) sidearm which was issued to the law enforcement officer by the law enforcement agency by whom he or she was employed at the time of death.

HB 529
By: Rep. Bain
To: Jud. B
PASSED HOUSE. PASSED SENATE JUD. B; APPROPRIATIONS. AMENDED AND PASSED IN THE SENATE.

Unrelated Highway Patrol legislation which also “brings forward” Section 45-9-101 of the Mississippi Code, without making any changes. This is a common “place holder” move so that the legislature can make changes to the referenced code at a later date in the legislative process. This code section is the one containing the CCW license provisions. Keep an eye on it. Modifications so far have to do with recordkeeping and computers, insurance, and mail-in CCW license renewals.

HB 912
By: Reps. Anderson (122nd), Arnold, Bain, Brown (20th), Byrd, Calvert, Carpenter, Creekmore IV, Eure, Gibbs, Goodin, Hale, Hopkins, Ladner, Lancaster, Mangold, Massengill, McKnight, Miles, Newman, Rushing, Sanders, Scoggin, Shanks, Smith, Tullos, Turner, Wallace, Williamson, Zuber
To: Jud. B
PASSED HOUSE. PASSED SENATE JUD. B. AMENDED AND PASSED IN THE SENATE.

Authorizes manufacture and possession of suppressors in Mississippi and prohibits enforcement of federal laws governing them if they are made and remain in the state.

HB 1110
By: Reps. Owen, Barnett, Bennett, Boyd (19th), Carpenter, Currie, Darnell, Felsher, Ford (73rd), Hobgood-Wilkes, Hopkins, Hulum, Lancaster, McCarty, McLean, Morgan, Newman, Pigott, Read, Scoggin, Shanks, Wallace, Williamson
To: Jud. B
PASSED HOUSE. PASSED SENATE BUSINESS and FINANCIAL INSTITUTIONS. AMENDED AND PASSED IN THE SENATE.

Prohibits the misuse of payment card processing systems to surveil, report, or otherwise discourage constitutionally protected firearm and ammunition purchases within the State of Mississippi. Also prohibits Mississippi governments and agencies and employees or any other person, public or private, from knowingly and willfully keep or cause to be kept any list, record, or registry of privately owned firearms or any list, record, or registry of the owners of those firearms, with an exception for criminal investigations. Punishment is limited to allowing civil suits brought by victims for damages against any financial institution or government entity that causes the person’s protected financial information to be disclosed in violation.

HC 6
By: Reps. Scoggin, Hopkins
To: Rules
STILL ALIVE

Declares Mississippi a “Second Amendment Sanctuary” state.

SB 2079
By: Sen. Hill
To: Education; Judiciary A
PASSED SENATE. PASSED HOUSE JUD. B. AMENDED AND PASSED IN THE HOUSE. RETURNED TO THE SENATE FOR CONCURRENCE.

Mississippi School Protection Act. Allows school systems to designate certain faculty or staff as armed, and pays them extra. Requires enhanced CCW license and LEO firearms training. Comes with some liability protection for the person and creates a layer of program bureaucracy. Amended version allows for contracted security vendors and prohibits use of the designated funds to pay the extra stipend to vendors’ employees. Note that school staff and anyone else with the enhanced MS CCW license are already legal to carry in schools.

SB 2347
By: Sens. England, Wiggins, Thompson
To: Jud. B
COMMITTEE SUBSTITUTE PASSED SENATE. PASSED HOUSE JUD. B. PASSED HOUSE.

Allows certain kinds of private hospitals to establish their own police force, with guns, arrest powers, etc. Really bad idea.