Litigation & Government

• In a 49-page opinion issued September 17, US Assistant Attorney General T. Elliot Gaiser determined that applying 18 U.S.C. §§ 922(b)(1) and (c)(1) to young adults violates the Second Amendment. Those provisions of the Gun Control Act of 1968 prohibit federally licensed dealers from selling handguns or handgun ammunition to anyone under 21. The opinion’s conclusion is direct: The statutes “may not be enforced to impose criminal penalties on dealers” who sell handguns to otherwise law-abiding adults between 18 and 20.
• According to sources in Congress and verified by CBS News (not that I trust either of them), the Department of Justice will not appeal the decision in Silencer Shop Foundation v. Bureau of Alcohol, Tobacco, Firearms and Explosives, a Texas US District Court ruling that the National Firearms Act, as applied to suppressors, short-barreled rifles, short-barreled shotguns, and any other weapons, is unconstitutional. Word is that President Trump himself ordered the DOJ to stand down.
• Follow up to last week’s NICS surveillance report. I told you it was illegal. No word on any prosecutions of federal officials.
• A US Court of Appeals for the Fifth Circuit panel has ruled 2-1 that the federal government’s ban on direct interstate handgun purchases violates the Second Amendment. The Court reversed the lower court’s dismissal of the case and rendered judgment for FPC and its co-plaintiffs. The case is Elite Precision Customs v. ATF. The opinion also delivered this gold nugget: “We must pause before endorsing a cost attached to the exercise of a fundamental constitutional right. To the extent that prior decisions from this court hint there is an acceptable cost that may be imposed on the basic exercise of Second Amendment rights, they are abrogated by Bruen and its progeny.” The ruling also creates a direct conflict between federal appeals courts—a “circuit split.” In rejecting the Second Circuit’s contrary decision upholding the same federal ban, the Fifth Circuit said plainly: “We reject the Second Circuit’s approach,” concluding that its analysis stretched the historical record “far beyond what it can actually bear.”
• In a 6-5 vote, the en banc US Ninth Circus Court of Appeals upheld Hawaii’s unconstitutional handgun acquisition permit deadline and firearm inspection requirement under the Second Amendment, reversing an injunction against the laws. Hawaii requires handgun acquisition permits (government permission slips to acquire a handgun) to be used within 30 days or become void. It also requires certain newly acquired firearms to be brought to a police station for inspection. A federal district court had declared the challenged requirements unconstitutional.
• On September 14, the Fifth Circuit granted rehearing en banc in United States v. Cordova, a Second Amendment challenge to the lifetime felon gun ban, 18 U.S.C. § 922(g)(1). That follows the July 20 en banc rehearing grant in United States v. Squire, a challenge to the same prohibition under the Commerce Clause. These cases test whether Congress had the power in the first place, and even if so, is it prohibited from doing so?
• New Hampshire school officials have formally admitted that they violated former student Jack Harrington’s Fourth Amendment rights when they searched his pickup truck after learning that he lawfully owned a handgun. Punishment, if any, for the school criminals complicit in this atrocity was not revealed.
• The US DOJ is suing the City of San Jose, CA, over its $1,600 fee for a concealed carry permit (firearm and ammunition not included).
• The US DOJ sent a notice of suit to Minnesota Gov. Tim Walz, Minneapolis Mayor Jacob Frey and St. Paul Mayor Kaohly Her on Sept. 17, threatening to sue the state and the two cities over firearm purchase waiting periods, according to the letter, which argues that Minnesota’s permit-to-purchase and transferee report requirements violate the Second Amendment rights of residents who have not obtained a permit to carry.
• Missouri Attorney General Catherine Hanaway has filed a lawsuit against the US Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) challenging federal restrictions on suppressors and short‑barreled rifles. Hanaway argues that the federal government’s restrictions through the National Firearms Act are unconstitutional and that suppressors and short‑barreled rifles are both protected arms under the Second Amendment. Only a fool or a liar would disagree, but there are plenty of both sitting on courts.
• The Association of New Jersey Rifle & Pistol Clubs and Knife Rights are challenging New Jersey laws that criminalize carrying common non-firearm arms in preparation for self-defense.
• President Trump signed new executive orders last week to expand hunting and fishing access in the US, rolling back restrictions on these activities. The “Reinvigorating America’s Hunting Heritage” and “Restoring American Saltwater Angling and Recreation” orders direct Interior Secretary Doug Burgum to reverse “years of overregulation” under previous administrations and expand hunting access on some federal lands. This is an expansion upon the Trump administration’s August order, which opened up over 92 million acres across 32 states for hunting. The president also directed his administration to authorize the use of traditional lead ammunition and tackle within 180 days of the order.
• Bonus reading: How courts keep getting Bruen wrong.
• More: Second Amendment Foundation attorney Konstadinos T. Moros explains that special taxes targeting common firearms and ammunition violate the Second Amendment under the Bruen standard. I’ve been saying they are unconstitutional for decades. What if there was a special tax on Bibles, over and above regular sales tax that applies to all other books?
• SCOTUS Gun Watch 9/21/2026.
• Grassroots Judicial Report—September 23, 2026.

Enemies

• Hollywood CEOs Are Spending Millions On Bodyguards As Threats Soar. Can you name one who is not anti-gun?

The Only Ones

• An unidentified NYPD officer “accidentally” fired his gun inside a subway station, and fragments of the bullet struck both a second officer and a bystander. NYPD says the gun was in the officer’s holster at the time. I think the NYPD service weapon is a Glock.
• Upper Pottsgrove, PA, Police Corporal Sean Farrell, 58, is charged with voluntary manslaughter in connection to the deadly shooting of a 22-year-old New Jersey college student who was not a threat at the time.
• Off-duty Danville, VA, Police Officer Jayquan Morton, 22, is facing multiple felony charges after he allegedly opened fire from one moving vehicle toward another carrying two people Sunday morning. Virginia State Police charged Morton with two counts of attempted malicious wounding, shooting into an occupied vehicle, and using a firearm in the commission of a felony. He was also charged with discharging a firearm from within a motor vehicle, reckless handling of a firearm, and discharging a firearm within city limits.

DGUs

• A Memphis man fired in self-defense after confronting an armed suspect in his driveway, but stray rounds that pierced a neighbor’s home led police to file multiple felony assault charges. My question is this: Do they prosecute felony charges against police officers who in self defense fire stray rounds into houses or cars?
• American Rifleman – The Armed Citizen – September 18, 2026 and September 21, 2026

Tactics & Stuff

• Stop Telling Women Their Guns Will Be Used Against Them.
• Terminal Ballistics 1: How Pistols “Stop” Bad Guys.
• Terminal Ballistics II: What Pistol Bullets Do (And Don’t Do).
• Problems with tactical shotguns. The hardware availability issues are exponentially multiplied for guns that are not 12 gauge.
• Ukraine vs. Russian drones. (Reminder: It ain’t legal to shoot drones in the USA.)

Industry News

• Gun Rights Policy Conference. This weekend’s 41st annual Gun Rights Policy Conference will be live streamed both Saturday and Sunday from Dallas, Texas.

Saturday link:

https://www.youtube.com/watch?v=G0ty5J3XQDc

Sunday link:

• FTC Takes Action to Prevent Anticompetitive Arrangement in Beretta, Ruger Deal.
• Related: Beretta Holding S.A., which owns about 1.6 million shares of Ruger, announced that it has commenced a cash tender offer to purchase up to 2.4 million of the outstanding shares of Ruger common stock. That would bring Beretta up to around 25% ownership of Ruger.

Products

• Does anyone know if there is a company that offers a product line that closely mimics the largely defunct Michaels of Oregon (Uncle Mike’s) products?
• Sig Sauer’s P385 is a new modular striker-fired pistol that combines elements of the P320 and P365. The ambidextrous P385 is a new design with a new fire control unit and flush-faced trigger block. It accepts P320 magazines which can also be used on the P211. Older P320 magazines with the original rounded basepad will work, but SIG says the P385’s metal magwell must be removed first. Rumor is the P385 is a replacement for the troubled P320. The P385 will debut in 9mm with five models: Two comped, Full, Carry, and Compact. All will be available in Black or Coyote Brown and with or without a manual safety. Starting at $600.

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“I’m never going to know I lost a gunfight. I’m just going to keep fighting until the lights go out.” — Jared Reston

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