In an interesting case, a Puerto Rican drug trafficker is arrested, and the ensuing search turns up a 9mm pistol which was found to have been modified to fire fully automatic. The trafficker is charged with possession of a machine gun in furtherance of a drug crime, which carries a 30-year sentence. He objects that he had no idea the pistol was modified – he was holding it temporarily for his boss – and asks for a jury instruction requiring the government to prove he knew the pistol had been modified. The district court denies the instruction, and he’s convicted. First Circuit: Vacated. “The contention that an injury can amount to a crime only when inflicted by intention is … as universal and persistent in mature systems of law as belief in freedom of the human will and a consequent ability and duty of the normal individual to choose between good and evil.”
U.S. District Judge Jill N. Parrish of the District of Utah ruled on Sept. 29 that the federal prohibition on bump stocks imposed administratively by the ATF several years ago was appropriate, saying “This court concludes that the regulation is an appropriate exercise of the agency’s discretion to fill gaps implicitly left by Congress,” and so “it declines to declare the rule unlawful or enjoin its enforcement.” We suggest that perceived shortcomings of federal statutory law are properly left to be “fixed” by the Congress, not by the judicial or executive branch.
U.S. District Judge George L. Russell, III in Maryland has granted in part a motion for a preliminary injunction in two cases challenging Maryland’s CCW in “sensitive places” law, which was supposed to take effect Oct. 1. Maryland is enjoined from enforcing laws restricting the carrying of firearms in locations selling alcohol, private buildings or property without the owner’s consent, and within 1,000 feet of a public demonstration, but left intact were the prohibitions on carry in health care facilities, school grounds, government buildings, museums, state parks and state forests, casinos, mass transit facilities, stadiums, racetracks, and amusement parks.
Safari Club International, SCI Bowhunters West Michigan Chapter, and Sportsmen’s Alliance have filed suit against Sec. Miguel Cardona and the U.S. Department of Education, challenging the Department’s interpretation of the Bipartisan Safer Communities Act and how it denied funding of hunter education and archery programs. Also see the item in “legislation,” below.
The Ninth Circus has assigned the lawsuit that struck down California’s magazine ban to the same en banc panel as before, extended the stay until at least October 10th, and set a briefing schedule. Four judges dissent, one with a blowtorch.
The Ninth Circuit Court of Appeals has also reversed a district court’s denial of a preliminary injunction concerning California’s controversial Youth Firearm Marketing Law, citing infringement on 1st, 5th, and 14th Amendment rights.
SCOTUS docket update.
Legislation & Regulation
The U.S. Senate has unanimously passed bipartisan legislation to prevent the cuts, and now the White House has confirmed President Biden will sign the Protecting Hunting Heritage and Education Act. The bill passed the House 424-1 last week. Miracles never cease. Also see the related item in “litigation,” above.
Ultimate Training Munitions, a UK-based company, has been prohibited by the ATF from importing non-lethal training ammo to anyone in the US except for military or law enforcement. We note that the Second Amendment protects the right of the PEOPLE to keep and bear arms. There is no protection for the government. As usual, the ATF has it backwards. Of course if the ATF wants non-lethal ammo while I’m using real bullets, that’s their problem.
Last Sunday, Connecticut’s new gun control law limiting the number of handguns a law-abiding citizen can purchase each month (three) went into effect. There is no limit on the number of guns criminals can purchase. Lawsuits have been filed.
NRA has candidate ratings out for next month’s election.
Enemies (also see “Obit” below)
In a surprising move, Defense Secretary Lloyd Austin has announced that the Pentagon will not impose age restrictions or waiting periods on the purchase of firearms and ammunition on military bases, nor will it prohibit personal guns from being possessed by soldiers. Those were a few of the recommendations of an advisory panel put together by Austin to look for ways to reduce the number of suicides among active duty military members, along with a requirement that base commanders be alerted of every gun purchase that takes place within the confines of the military base. The Pentagon remains open to gun control suggestions.
Al Sharpton. Still.
Newsletters & GRPC
Missed the Gun Rights Policy Conference? You can see it here.
- The Armed Citizen
The use of firearms (including pellet guns, bear bangers, bows, sling shots etc.) and hunting are not permitted in Banff National Park. Well at least they didn’t break the rules.
Free-lance Philadelphia, Pennsylvania, journalist Josh Kruger was shot and killed at his home in the city on Monday morning around 1:30 a.m. after mocking those who raised concerns about surging crime. Kruger was shot seven times, according to ABC News.
The Only Ones
We have an unconfirmed report that the LAPD notified its officers that they can no longer carry any handgun magazines with a capacity of more than 18 rounds, on or off duty. LAPD issues the FN 509 MRD-LE pistol.
Former Shelby County, TN, Sheriff’s Captain Monica Johnson-Markwork, 51, shot and critically injured a door to door salesman carrying an iPad last week. She mistakenly thought he was a gang hitman who was there to kill her. She was charged with felony aggravated assault and was released from jail on a $4,000 bond. Johnson was fired from the Sheriff’s Department and then indicted on charges of misconduct in 2016 regarding her son’s rape case. The charges included misconduct and coercing a witness.
The ATF has issued the following warning: Law enforcement is advising Federal Firearms Licensees of expanding interest of criminal networks’ intention to utilize straw purchasers in acquiring large caliber firearms such as .50 caliber and/or belt fed rifles within the next 60 days. This activity is anticipated to occur throughout the entire State of Texas. We note that contemptuous former Attorney General Eric Holder authorized the sale of guns to the cartels.
Tactics & Stuff
I would add if you just HAVE to use FMJ, try to find a flatpoint version.
- Ding Dong
“If I could have gotten 51 votes for an outright ban, picking up every one of them, ‘Mr. and Mrs. America, turn em all in,’ I would have done it.” – Dianne Feinstein, on a 1995 episode of “60 Minutes.”
Senator Dianne Feinstein (D-CA), the oldest sitting senator, died at the age of 90 last week after 31 years of representing (I will not say serving) California. She spent the entire time trying to disarm the rest of us and was one of our worst opponents, authoring the unconstitutional 1994 Clinton federal cosmetic gun ban. Meanwhile Feinstein herself carried a gun and, on election to the US Senate, she allegedly requested appointment as a Special Deputy U.S. Marshal – a credential that would have allowed her discreet carry across the nation. The US DOJ issued a formal opinion stating that such deputization of members of Congress would violate the principle of separation of powers. Meanwhile, she actively opposed all bills mandating interstate recognition of carry licenses, and all pro-gun legislation, period.
Rabidly anti-gun California Governor Gavin Newsome (see last week’s newsletter section on legislation) appointed anti-gun Laphonza Butler – an openly queerdo-alphabet Democratic strategist, gender bigot and pro-death activist – to serve the remainder of Feinstein’s term in the U.S. Senate. Senator Butler is a native of Magnolia, Mississippi, a graduate of Jackson State University, and lived in Maryland right up until she was sworn in this week.
Remington Ammunition has determined that certain boxes of lot codes: N16OCA373, N17OAA373, or N22OCA373 .300 Win. Mag. 180 grain Core-Lokt Tipped – RT300WC, may contain shells with an incorrect propellant. No other .300 Win. Mag. Core-Lokt Tipped lot codes are affected by this notice.
Midway USA has Fiocchi Defense Ammunition 12 Gauge 2-3/4″ #1 Buckshot 9 Pellet on sale for around $0.47 per round.
The EAA/Girsan High Power MCP35 PI LW pistol features an alloy metal frame, making it up to 1/2 lb. lighter than the traditional steel frame Girsan High Power. Four configurations: a two-tone Tungsten or all black finish, with or without a rail (OPS or MATCH). 1.34 lbs. ~$750+. Now give us a full-sized lightweight version.
Winchester is offering three new 3-inch, 28 gauge loads: an XPERT with 3/4 oz. of #4 steel shot, a Bismuth with 1 oz. of #5, and a Super Pheasant with 1-1/8 oz. of #5 copper-plated lead.
What I’m Reading
Spoiler alert: Chicago is corrupt.