Biden promises assault weapon ban following midterms

Just The News"There's some things I want to change and add to," he said, referring to what he said was the "rational gun policy" he signed earlier this year.

"But we didn't ban assault weapons," he said. "I'm going to ban assault weapons. We're going to try like the devil."

A ban on "assault weapons" has been a regular goal of Democratic politicians for years, though the measures have often centered around the outlawing of cosmetic feature on common semi-automatic weapons.

I almost want him to pass this so the Supreme Court can strike it down. Almost.

Realistically, the Senate has already caved on gun control once, and control of the House looks to be very narrow at best. We probably can't stop it if Biden really means to push the issue and the Senate goes along. (The Dems can usually find a few squishes in the House if our leadership lets it come to a vote there). But we should try.

Thu Nov 17 23:26:40 CST 2022 by TriggerFinger. Comments [Tweet]

New York's new gun control laws suspended by judge

ReutersA federal judge in New York temporarily suspended many parts of the state's new gun restrictions on Monday to allow members of a gun-owners' rights group to continue their lawsuit challenging the new law as unconstitutional.

Judge Glenn Suddaby of the U.S. District Court in Syracuse agreed to issue the order at the request of six New York residents who are members of Gun Owners of America, which competes with the National Rifle Association in political influence.

On the gun rights front, things sre looking very very good. We're making lots of good precedent.

Categories 2nd Amendment

Tue Nov 15 22:15:41 CST 2022 by TriggerFinger. Comments [Tweet]

Lawsuit filed over ATF crackdown on FFLs

The FederalistA Texas firearms dealer is suing the Biden administration for weaponizing the Bureau of Alcohol, Tobacco, Firearms, and Explosives to shut down law-abiding gun retailers over paperwork errors discovered during audits.

President Joe Biden ordered the Department of Justice in June of 2021 to enforce “zero tolerance for willful violations of the law by federally licensed firearms dealers that put public safety at risk,” but after a 500 percent increase in federal firearm license revocations for retailers over the last year, it’s clear the Biden administration isn’t just going after gun sellers who intentionally violate the law.

I don't see how the current policies survive Bruen when even the use of serial numbers on firearms is in question. We may even get some good legal precedent over the ATF overstepping itself here. But ATF harassment of FFLs under Biden may well succeed in putting many out of business entirely if not checked by a friendly Congress.

Sat Nov 05 22:36:28 CDT 2022 by TriggerFinger. Comments [Tweet]

Judge strikes down law requiring serial numbers on firearms

The HillA federal judge blocked a federal law on Wednesday that prohibits the possession of a firearm with an “altered, obliterated or removed” serial number in light of the Supreme Court’s landmark ruling expanding gun rights earlier this year.

U.S. District Judge Joseph Goodwin ruled that no historical standard exists to demonstrate that firearms without a serial number are more dangerous or unusual than firearms with a serial number, so the law is unconstitutional.

The ruling is obviously correct, but will still generate a lot of screaming and crying from government. Even though the absence of a serial number doesn't make a gun any more dangerous, the presence of that serial number makes it easier for the government to track the gun itself, and the people who have owned it.

Mon Oct 31 22:43:10 CDT 2022 by TriggerFinger. Comments [Tweet]

New York carry law ruled unconstitutional

Gateway PunditA federal judge on Thursday halted parts of New York’s new gun licensing law.

US District Judge Glenn Suddaby, a George W. Bush appointee said key provisions in Hochul’s new law limiting concealed carry of firearms in “sensitive” locations are unconstitutional.

Another victory thanks to Bruen.

Categories 2nd Amendment

Sun Oct 23 22:26:44 CDT 2022 by TriggerFinger. Comments [Tweet]

A strongly worded letter

Just The NewsTwenty-four Republican attorneys general have signed onto a letter demanding that major credit card companies abandon a plan to track private gun purchases made using their payment methods.

"The Second Amendment is a fundamental right, but it's also a fundamental American value. Our financial institutions should stop lending their market power to those who wish to attack that value," the Republicans wrote, according to the Epoch Times.

Visa, MasterCard and American Express announced earlier this month that they would begin tracking gun purchases, a move Republicans have warned may lead to infringements on the Second Amendment.

I suspect that more than a strongly worded letter will be required here. However, there's a difference from previous similar attempts: this is not an effort being made in secret meetings or under the table whispers. It's out in the open, and Republicans have learned from prior efforts. Hopefully.

Fri Oct 07 23:16:08 CDT 2022 by TriggerFinger. Comments [Tweet]

2nd Amendment case strikes down indicted felon in gun possession

Only Guns And MoneyJose Gomez Quiroz was indicted in a Texas state court for burglary and later indicted for jumping bail. Both are felonies under Texas state law. While on the lam, Quiroz sought to buy a .22LR pistol from a dealer and answered “no” on the Form 4473 when asked if he was under indictment for a felony. He got a delayed (but not denied) response and subsequently took possession a week later. Then, the NICS System notified the BATFE of Quiroz’s transaction. He was charged with lying on the Form 4473 (18 USC §922(a)(6)) and illegal receipt of a firearm by a person under indictment (18 USC §922(n)). A Federal jury found him guilty on both charges. A week later, Quiroz moved to set aside the conviction under Rule 29 of the Federal Rules of Criminal Procedure and asked the court to reconsider in light of Bruen.

US District Court Judge David Counts of the Western District of Texas issued his decision yesterday and found §922(n) facially unconstitutional. Moreover, since §922(n) was found unconstitutional, Quiroz’s lie on the Form 4473 was immaterial. The US Attorney is already appealing the decision to the Fifth Circuit Court of Appeals.

I think this decision is correct, but it will be hard to defend as a matter of public relations, which may be the point. The issue is that an indicted felon is not yet convicted of anything, and a mere accusation should not block fundamental rights. On the other hand, an indictment can result in someone being locked up until trial for an accusation, though generally there is a bail process. It seems like finding a workable compromise here should be possible, hopefully one that involves speedy trials and keeping dangerous people locked up until trial.

It's not like you need a gun to kill someone.

Categories 2nd Amendment

Thu Oct 06 23:51:00 CDT 2022 by TriggerFinger. Comments [Tweet]

SAF files suit against new New York carry law

Second Amendment FoundationThe Second Amendment Foundation today filed a federal lawsuit challenging a new gun control law adopted in New York State following the Supreme Court’s nullification of its previous concealed carry state that required “proper cause,” alleging the state’s new statute is just as unconstitutional as the previous law.

Joining SAF is the Firearms Policy Coalition, Inc., and two private citizens, Brett Christian and John Boron. Defendants are Kevin Bruen, superintendent of the New York State Police, and John J. Flynn, Erie County District Attorney, in their official capacities. The case is known as Boron v. Bruen. It was filed in U.S. District Court for the Western District of New York.

According to SAF founder and Executive Vice President Alan M. Gottlieb, passage of Senate Bill S 51001 by state lawmakers in Albany “replaced one unconstitutional licensing scheme with another.”

The new measure bans the lawful, licensed carry of firearms in so-called “sensitive places,” and presumptively most property in the state, creating a de facto ban on firearms carry for personal protection. As a result, SAF and its partners are asking for Declaratory and Injunctive Relief from the court.

New York has also instituted rules for firearms licensing that require a check of social media history that clearly falls afoul of the 1st Amendment.

Wed Sep 28 23:15:26 CDT 2022 by TriggerFinger. Comments [Tweet]

Heller wins again

The Truth About GunsIn July, Heller filed another lawsuit, this one also styled Heller v. DC. This latest action challenged the city’s limit on the total number of rounds a concealed carry license holder can carry in the Capital when armed. The city, in its infinite wisdom, had set a totally arbitrary limit of 20 rounds for concealed carriers.

Given the current legal landscape, as Rob Romano reported last night, the city threw in the towel and used “emergency rulemaking” powers to repeal the 20-round limit.

I would rather have the precedent, but there are other states.

Tue Sep 27 22:19:50 CDT 2022 by TriggerFinger. Comments [Tweet]

FBI pressuring people to put themselves on the NICS list

PJMediaAccording to a wealth of internal documents and communications obtained via a Freedom of Information Act request by the gun rights organization Gun Owners of America (GOA), the FBI secretly coerced Americans into signing documents that waive their rights to own, buy, or even use firearms — a blatant assault on their Second Amendment rights.

“The forms were presented by the FBI to people at their homes and in other undisclosed locations, according to bureau documents,” the Daily Caller reports. “At least 15 people between 2016 and 2019 signed the secret forms, which ask signatories to declare themselves as either a ‘danger’ to themselves or others or lacking ‘mental capacity adequately to contract or manage’ their lives.”

The form states that signatories woud be permanently registered with the FBI’s National Instant Criminal Background Check System (NICS), which would bar them from purchasing, possessing, or using firearms. It’s unclear how the FBI targeted signatories but according to investigation notes on some of the forms, many signatories allegedly made violent threats online, in person, and on social media.

If they made real violent threats, convict them in court and they will go on the NICS list. If you can't do that, probably they should keep their 2nd Amendment rights. Worse, this form originated with an Obama-era program to get people who were NOT dangerous to sign away their rights -- people on social security who needed help managing their finances, for example. That program was shut down by Congress.

Tue Sep 20 22:53:39 CDT 2022 by TriggerFinger. Comments [Tweet]

Lawsuits filed to overturn multiple magazine and gun bans

National Foundation for Gun RightsOn September 7, 2022, the National Foundation for Gun Rights filed five new lawsuits in four federal court circuits to eliminate unconstitutional magazine and gun bans everywhere! Combined with our lawsuits in Colorado these represent nearly half of the country. This nationwide legal blitz aims to take out every single ban on semi-automatic weapons and standard capacity magazines for good.

Ambitious for a small organization. I recognize some of the names involved for some previous involvement in gun rights advocacy that struck me as more fundraising than effective action.

I hope they don't screw this up.

Fri Sep 16 23:09:36 CDT 2022 by TriggerFinger. Comments [Tweet]

Two ways to handle an active shooter

One way is to let law enforcement handle it, like in Uvalde, where hundreds of police stood around for an hour while an 18 year old killed children.

Another way is to allow ordinary citizens to be armed in public. 10 shots, 8 hits, no bystanders hit by the hero.

Americans trust armed citizens more than law enforcement to stop mass shooters.

Categories 2nd Amendment

Wed Aug 17 23:38:46 CDT 2022 by TriggerFinger. Comments [Tweet]

4th circuit rules against 2nd Amendment protection on semiautomatic firearms

NBC NewsMaryland's ban on 45 kinds of assault weapons and its 10-round limit on gun magazines were upheld Tuesday by a federal appeals court in a decision that met with a strongly worded dissent.

In a 10-4 ruling, the 4th U.S. Circuit Court of Appeals in Richmond, Virginia, said the guns banned under Maryland's law aren't protected by the Second Amendment.

Of course these semiautomatic rifles in common use are protected by the 2nd Amendment. They are no different, and no more militarily-useful, than any other semiautomatic rifle. And the 2nd Amendment absolutely does protect weapons of war; that's what it was written to do, to allow a militia to be raised to fight a war from the body of the people, bearing their own arms, to fight a war if necessary.

NBC News"Put simply, we have no power to extend Second Amendment protections to weapons of war," Judge Robert King wrote for the court, adding that the Supreme Court's decision in District of Columbia v. Heller explicitly excluded such coverage.

No doubt we will see this issue before the Supreme Court again soon. Hopefully, we have a better court now than we did then. In any event, while Heller has some language that goes both ways, these are semiautomatic rifles in common use and thus should fall squarely under the 2nd Amendment protections outlined in Heller.

Mon Jul 11 22:15:56 CDT 2022 by TriggerFinger. Comments [Tweet]

Beto calls for confiscating AR-15s

Gateway Pundit“And I just took the position that may not be politically popular or maybe too honest that only should no one be able to purchase an AR-15 or an AK-47, because they’re designed to kill humans and that high-impact, high-velocity round will just tear up everything inside you. You’ll bleed out before we can get you back to life,” Beto said on May 21 at a town hall with veterans.

“But I don’t think that the people who have them right now in civilian use should be able to keep them,” he added.


Molon Labe.

Now what, you fascist prick?

Thu Jun 30 23:42:23 CDT 2022 by TriggerFinger. Comments [Tweet]

Supreme Court rules in favor of 2nd Amendment in New York case

DivemedicaSCOTUS releases decision in NY pistol case, ruling that New York’s means test is unconstitutional

We'll get a lot of detailed commentary as people read the case, but the bottom line is that ordinary people won. The Supreme Court declared that New York's rules about carrying firearms and specifically their rules about who qualified for a license to do so were unconstitutional. New York pistol permits have a lot of discretion involved, and it was -- until this ruling -- very difficult for an ordinary person to get one. Celebrities, police, armed security, politicians and their donors, sure. Ordinary people not so much.

Decision here.

Thu Jun 23 12:44:35 CDT 2022 by TriggerFinger. Comments [Tweet]

FBI whistleblower says parents at school boards investigated as terrorists

Gateway PunditRepublican Congressmen Jim Jordan and Mike Johnson received documents from FBI whistleblowers that reveal the bureau targeted parents who protested CRT and Covid rules despite Attorney General Merrick Garland’s claims it never happened.

One mom was investigated because she belonged to a ‘right-wing group’ called “Moms for Liberty” and because she owned a gun. Another dad who opposed masks was investigated because he fit the bill of an “insurrectionist” because he “has a lot of guns.”

Last fall, the National School Board Association (NSBA) coordinated with the Biden White House weeks before AG Merrick Garland classified parents “domestic terrorists” in a letter to the FBI.

No one is going to call Merrick to account for lying to Congress. Or the people at the FBI for their years of political abuse.

Tue May 24 23:03:51 CDT 2022 by TriggerFinger. Comments [Tweet]

WA state prepares to try a magazine ban

Just The NewsThe Washington State Attorney General’s Office (AGO) is celebrating the passage of a bill by the state Senate that limits magazine sizes of firearms.

The bill, Senate Bill 5078, passed Wednesday, 28-20, with all of the Republican senators present and one Democrat voting against it. If enacted, it would limit the size of most magazines sold to 10 rounds, grandfather in current magazines of higher capacity and limit their use.

Gun owners in WA, it's time to start paying attention and contacting your legislators.

Tue Mar 15 22:13:41 CDT 2022 by TriggerFinger. Comments [Tweet]

San Jose begging for a 2nd Amendment lawsuit

The Truth About GunsSan Jose refers to the new fee imposed on gun owners as a “Gun Harm Reduction Fee,” but it’s nothing less than an unconstitutional tax on the exercise of an enumerated right.

The Supreme Court has struck down similar laws, reasoning that “a state may not impose a charge for the enjoyment of a right granted by the federal Constitution.”

This is precisely what San Jose’s fee does—require gun owners to pay an annual sum of money to exercise their Second Amendment rights inside the city.

Well, if they want it so badly, someone should give it to them.

Sun Feb 20 23:58:23 CST 2022 by TriggerFinger. Comments [Tweet]

2nd Amendment case being appealed to SCOTUS

Just The NewsTwenty-five states, led by Arizona and West Virginia, are urging the U.S. Supreme Court to hear Bianchi v. Frosh, which challenges Maryland's restrictive Firearms Safety Act of 2013.

The state of Maryland "has essentially enumerated large specific lists of firearms that are not to be permitted as lawful to posses," Schmidt said. "We don't think that approach is permissible under the Second Amendment. We don't think that political actors, legislatures, get to pick and choose which weapons in common use are available to Americans, and we've asked the Supreme Court to take the case and give us greater definition. I'm hopeful that they will."

The Supreme Court's recent order indicates that at least one justice on the bench wants a response and "likely means that the court will hold this petition pending a decision in NYSRPA v. Bruen," argues Maryland Shall Issue, an all-volunteer, nonpartisan organization committed to defending the Second Amendment. The Supreme Court is currently considering the constitutionality of New York's "good cause" requirement for carry permits in a case it agreed to hear last year.

Good luck.

Tue Feb 08 23:28:37 CST 2022 by TriggerFinger. Comments [Tweet]

Supreme Court hears arguments on New York carry laws

Just The NewsThe Supreme Court is set to hear arguments Wednesday that center on New York's restrictive gun-permit law and whether limits the state has placed on carrying a gun in public violate the Second Amendment.

Gun rights advocates including the New York State Rifle & Pistol Association and two private citizens are challenging the law with hopes that the court with a 6-3 conservative majority will side with them, according to the Associated Press.

We may actually get a win here.

Wed Nov 03 10:42:21 CDT 2021 by TriggerFinger. Comments [Tweet]

Democrats are still voting for Jim Crow laws

Only Guns And MoneyEvery Democrat in the North Carolina Senate save two voted against the repeal of the pistol purchase permit. As I and others have noted many times, the history and purpose of this bill passed in 1919 was to disarm black North Carolinians.

The only two Democrats who didn’t vote against repeal of this Jim Crow law were Sen. Don Davis (D-Greene, Pitt) who didn’t vote and Sen. Ernestine Bazemore (D-Beaufort) who had an excused absence. By contrast, every Republican supported the repeal with the exception of Sen. Bob Steinburg (R-Camden) who had an excused absence.

Gun control is and always has been racist.

Democrats are, and always have been racist.

Categories 2nd Amendment

Fri Aug 27 23:32:58 CDT 2021 by TriggerFinger. Comments [Tweet]

Louisiana may get constitutional carry after all

The Truth About GunsGovernor John Bel Edwards effectively dared the Louisiana legislature to override his veto of a constitutional carry bill last month. He probably thought it would hold up, since the legislature had never before come back into session to override a governor’s veto of a bill in the Crawfish and Gumbo State. But the legislature has called his bluff this time.

It would be quite a treat for Constitutional Carry to be the first veto override in the state.

Categories 2nd Amendment

Fri Aug 13 23:43:26 CDT 2021 by TriggerFinger. Comments [Tweet]

McCloskeys plead guilty

Gateway PunditMark and Patricia McCloskey, the St. Louis couple who sought to protect their property and lives from the rabid BLM mob marching down their private street pleaded guilty to misdemeanor charges and agreed to forfeit the firearms they used in the showdown last year.

Mark McCloskey spoke to reporters from the courthouse steps on Thursday and said he’d “do it again” to protect his family.

This result is not justice, but that's the nature of plea bargains. But the requirement to forfeit the specific firearms involved in the case stinks of anti-gun politics, especially as he can legally replace the weapons immediately.

This situation was clearly self defense.

Mon Jul 26 23:08:43 CDT 2021 by TriggerFinger. Comments [Tweet]

4th Circuit: 18-year-olds have 2nd Amendment rights

The Truth About GunsPlaintiffs seek an injunction and a declaratory judgment that several federal laws and regulations that prevent federally licensed gun dealers from selling handguns to any 18-, 19-, or 20-year-old violate the Second Amendment. We first find that 18-year-olds possess Second Amendment rights. They enjoy almost every other constitutional right, and they were required at the time of the Founding to serve in the militia and furnish their own weapons. We then ask, as our precedent requires, whether the government has met its burden to justify its infringement of those rights under the appropriate level of scrutiny. To justify this restriction, Congress used disproportionate crime rates to craft overinclusive laws that restrict the rights of overwhelmingly law-abiding citizens. And in doing so, Congress focused on purchases from licensed dealers without establishing those dealers as the source of the guns 18- to 20-year-olds use to commit crimes. So we hold that the challenged federal laws and regulations are unconstitutional under the Second Amendment. Despite the weighty interest in reducing crime and violence, we refuse to relegate either the Second Amendment or 18- to 20-year-olds to a second-class status.

That such an obvious idea as 18-year-old adults having 2nd Amendment rights is viewed as controversial...

Categories 2nd Amendment

Wed Jul 21 15:17:19 CDT 2021 by TriggerFinger. Comments [Tweet]

Cornyn negotiating on gun control?

BattleswarmWhile preparing to fight back against the ATF’s unconstitutional regulation of pistol braces, we learned some disturbing news…

Senator John Cornyn — a Republican who should be pro-2A — is quietly making a deal with the rabid anti-gunner, Chris Murphy, to pass universal background checks.

We need EVERY gun owner in America to take action right now to prevent what would be Armageddon for the Second Amendment.

Cornyn is a creature of the establishment despite his Texas senate seat. He needs to hear from Texans that negotiating for gun control is not acceptable.

Sat Jul 17 23:35:03 CDT 2021 by TriggerFinger. Comments [Tweet]

9th Circuit court strikes down CA assault weapons ban

Second Amendment FoundationThe Second Amendment Foundation has won a significant court ruling in the case of Miller v. Bonta, which challenged the constitutionality of California’s ban on so-called “assault weapons,” with U.S. District Court Judge Roger T. Benitez declaring the state’s statutes regarding such firearms to be unconstitutional.

In his opening paragraph, Judge Benitez observes, “Like the Swiss Army Knife, the popular AR-15 rifle is a perfect combination of home defense weapon and homeland defense equipment. Good for both home and battle, the AR-15 is the kind of versatile gun that lies at the intersection of the kinds of firearms protected under District of Columbia v. Heller, 554 U.S. 570 (2008) and United States v Miller, 307 U.S. 174 (1939). Yet, the State of California makes it a crime to have an AR- 15 type rifle. Therefore, this Court declares the California statutes to be unconstitutional.”

Later in the ruling, Judge Benitez observes, “The Second Amendment protects modern weapons.” A few pages later, he adds, “Modern rifles are popular. Modern rifles are legal to build, buy, and own under federal law and the laws of 45 states.” Perhaps most importantly, the judge notes that California’s ban on such firearms “has had no effect” on shootings in the state. “California’s experiment is a failure,” Judge Benitez says.

Predictably, the 9th Circus has already overruled this. The Supreme Court has yet to speak.

Wed Jul 14 23:21:50 CDT 2021 by TriggerFinger. Comments [Tweet]

NRA declines to file amicus brief in 2nd Amendment case

NRA In DangerJust in — a Second Amendment attorney informs us that, in the upcoming Supreme Court case involving New York State Rifle and Pistol Association, challenging the New York “Sullivan Law,” and accepted by the Court, the NRA does not plan to file a “friend of the court” brief. It will be the first Second Amendment case since McDonald, eleven years ago, and all the pro-gun groups will be filing briefs. Second Amendment Foundation will be filing one through Chuck Cooper, the former Assistant Attorney General who was NRA’s Supreme Court attorney for decades, until he was purged for supporting resignation of Wayne LaPierre.

The Association has tens of millions to spend on legal fees, to keep a dozen or so lawsuits going, to file bankruptcy and fail, to sue NY and fail, but no money to defend the Second Amendment in the Supreme Court. Suppose it’s just a matter of priorities.

The NRA's failure to put legal pressure behind 2nd Amendment court cases has long been a reason for gun owners to support other groups that do apply that pressure. I've supported the 2nd Amendment Foundation for that purpose. Even the major gun cases early in this century, particularly Parker v DC which became the Heller case, did not have support from the NRA initially. The NRA had to seek to intervene in the case later.

The current NRA is clearly not doing it's job.

Wed Jul 07 22:57:35 CDT 2021 by TriggerFinger. Comments [Tweet]

Florida courts overturn gun seizure

Second Amendment FoundationTrial judges need specific information about physical threats before ordering firearms seized, according to the Florida Second District Court of Appeal.

It's not enough to just ask for a restraining order; there needs to be specific evidence of threats to do physical harm. Judges have long treated firearms as something they can seize upon the merest allegation, even just as a precautionary measure. That appears to be coming to an end.

Categories 2nd Amendment

Tue Jul 06 22:13:33 CDT 2021 by TriggerFinger. Comments [Tweet]

USCCA to get involved in politics

The ReloadOne of the largest concealed carry membership organizations has decided to dive into politics. The United States Concealed Carry Association (USCCA), which boasts nearly 600,000 members, formed a Super PAC in May to influence federal elections and legislation. The new group, headed by chairman of the board Mike Lowney, is green but ready to fight.

This is good news. The NRA will be sidelined for a while, possibly even permanently. We need new people to get into the political side of this debate. Our gun rights are under serious attack right now.

Categories 2nd Amendment

Tue Jun 29 22:11:53 CDT 2021 by TriggerFinger. Comments [Tweet]

South Carolina allows open carry for permit holders

AP NewsGov. Henry McMaster said Monday he signed into law a bill allowing people with concealed weapons permits from the state to carry their guns in the open.

Captain's JournalThis is a big win, a hard fought victory. I’m celebrating tonight over this.

But the fight isn’t over. They denied constitutional carry this time around. We’ll go in baby steps as incrementalists. I have no objections to incrementalism.

Open carry this year, constitutional carry next year.

At the state and local level, we're winning the gun rights fight. Slowly, but winning.

Categories 2nd Amendment

Sat Jun 12 23:09:54 CDT 2021 by TriggerFinger. Comments [Tweet]

9th Circuit court strikes down CA assault weapons ban

Just The NewsA federal judge late Friday struck down California’s three-decade-old ban on assault weapons, saying the law was a “failed experiment” that had wrongly infringed the Constitution’s 2nd Amendment.

The 1989 state law that defined assault weapons and prohibited their sale is “hereby declared unconstitutional and shall be enjoined,” U.S. District Judge Roger T. Benitez wrote in a ruling certain to send shockwaves through the gun rights debate in America,

Benitez wrote that the law was “a 30-year-old failed experiment” that had infringed on “what should be a muscular constitutional right.”

“Government is not free to impose its own new policy choices on American citizens where constitutional rights are concerned,” added Benitez, an appointee of former President George W. Bush

The 9th Circus is likely to reverse this... and then the 6 supposedly conservative justices on the Supreme Court will have some decisions to make.

Categories 2nd Amendment

Sun Jun 06 11:34:52 CDT 2021 by TriggerFinger. Comments [Tweet]

Horrible reporting on guns

The ReloadThe [ghost] gun might look similar to any regular weapon; however, it’s missing one major piece: registration to make it legally owned,” KSBY reporter Melissa Newman said. “Today, I got a first-hand look at the only K9 in the county trained to detect them.”

Let's deal with the obvious first. A dog cannot smell the lack of a serial number.

Further, lack of a serial number doesn't make the gun illegal either. You just can't engage in commerce with it.

And guns don't have to be registered in most states, with or without a serial number, not even in California -- with an exception for so-called "assault weapons" which means basically anything with a reasonably sized magazine.

A dog can probably smell gun oil or fresh rubber or plastic. But a dog who alerts on anything with oil or plastic is useless to anyone who cares about accuracy. (What is your car made out of again?) To the sort of police who think "ghost guns" are actually a threat, though, such a dog would be quite useful. "Probable cause on four legs", as the saying goes, because such a dog will alert at every single traffic stop, 100% of the time, and that's only a problem when a savvy defense attorney requests the dog's scent records.

But hey, the police departments gets to show off their very expensive new pet who can smell gun oil. (Note: the police officer can probably smell it too; stuff is pretty pungent).

I just wish I could be there to watch the dog alert to his handler's own firearm.

Bottom line: Biden and his handlers have a hard-on for gun control and the BATFE plans to deliver whatever they can without going through Congress. The media and police in at least some areas are ready to get out their kneepads like it was the Clinton administration again.

Sat Jun 05 22:28:55 CDT 2021 by TriggerFinger. Comments [Tweet]

Biden's nominee for BATFE wants to ban your AR-15

Just The News"With respect to the AR-15, I support a ban as has been presented in a Senate bill and supported by the president. The AR-15 is a gun I was issued on ATF's SWAT team. And it's a particularly lethal weapon and regulating it as other particularly lethal weapons I have advocated for," he said during a Senate Judiciary Committee hearing on Wednesday.

Chipman noted that if confirmed to lead the ATF he will enforce the law, and presently, "there is no such ban on those guns."

He expressed his opinion that such weapons already owned by Americans should be regulated under the National Firearms Act: "Senator, what I've said publicly is that as an advocate I prefer a system where the AR-15 and other assault weapons are regulated under the National Firearms Act," Chipman said to Texas Sen. Ted Cruz.

Putting AR-15s (and inevitably all other magazine-fed, semiautomatic rifles, and probably most magazine-fed handguns) under the National Firearms Act would mean they would be registered and subject to draconian regulations. Arguably, it could even mean banning the manufacture of new AR-15s, and allowing individual states to ban ownership and possession retroactively.

As AR-15s are undeniably in common use, such a policy would be in direct contravention of the Heller case. And it's not just AR-15s.

PJMediaThe ATF, in one program, “defined an assault rifle as any semiautomatic rifle capable of accepting a detachable magazine above the caliber of .22, which would include a .223, which is largely the AR-15 round,” Chipman explained.

Write your Senators to point this out and demand they refuse to confirm him. You might mention that twenty different state Attorneys General oppose his confirmation, and that he worked for the anti-gun lobby. You can also write Mitch McConnell even if you are out of his state.

Fri May 28 05:26:52 CDT 2021 by TriggerFinger. Comments [Tweet]

Police officer investigated for Molon Labe keychain

Conservative Treehouse quoting Bend BulletinA Bend Police Department officer will be investigated for allegedly violating policy by wearing a keychain connected to a far-right group while in uniform on Saturday.

Bend Chief Mike Krantz did not identify the employee, though Cpl. Josh Spano is the officer seen in a photograph circulating on Reddit and Facebook. Attached to the front of Spano’s service vest is an item reading “molon labe” in Greek lettering, a phrase associated with the far-right Three Percenters militia.

The “molon labe” item and its letters appear to be larger than Spano’s name tag on his vest.

The phrase has been associated with the right to keep and bears arms -- not just the three-percenters, which are a more recent development -- since ancient Greece. This whole panic over anyone who believes in America as the Constitution defined it is political bullshit. And no, the right to keep and bear arms is not extremist.

Tue May 25 22:04:33 CDT 2021 by TriggerFinger. Comments [Tweet]

Texas Constitutional Carry goes to governor's desk

The TexanAfter passing different versions of House Bill (HB) 1927, a bill to allow Texans over the age of 21 who can legally possess a handgun to carry it in public without a government-issued permit, both the Texas House and Senate approved a final version of the legislation that will now be sent to Gov. Greg Abbott’s desk.

Abbott said earlier this year that he would sign the bill, known as “constitutional carry.”

This is a step forward for Texas, but still not perfect.

Tue May 25 09:30:25 CDT 2021 by TriggerFinger. Comments [Tweet]

Texas Senate passes 2nd Amendment Carry -- now back to the House

Just The NewsThe Texas Senate has approve a bill that would allow people in the state to carry handguns without a license, which if enacted would make the state the largest the country to have a so-called permit-less carry law.

The legislation passed the GOP-controlled chamberWednesday in an 18-13 vote, along party lines, according to The Hill. The bill now heads to the Republican-majority House. Should it pass the House, it will go to GOP Gov. Greg Abbott.

The bill will allow adults 21 and older to carry a handgun in public, so long as it is in its holster.

It's going back to the House because both sides have passed slightly different legislation, but similar 2nd Amendment Carry legislation did pass the House recently. I would expect the House to pass this, and the governor to sign it.

Mon May 17 23:11:54 CDT 2021 by TriggerFinger. Comments [Tweet]

Supreme Court decides 4th Amendment case

Of Arms and the LawA 9-0, four-page reversal of the First Circuit, which had held that the "community care taking exception" allowed warrantless search of a home and seizure of a firearm.

Upholding both the 2nd and 4th Amendments. Even the liberals joined. That's rare.

This also means Red Flag Laws are unconstitutional, as they would only be viable under something like the community care exception.

Mon May 17 22:20:38 CDT 2021 by TriggerFinger. Comments [Tweet]

CA's handgun "safety" list violates 2nd Amendment

Second Amendment FoundationThe Second Amendment Foundation is applauding a ruling by a federal judge in Southern California that a provision in the state’s new handgun roster law, requiring the removal of three handguns already on the roster that can be sold, to make room for each new handgun added to the list may violate the Second Amendment.

The ruling by U.S. District Chief Judge Dana Sabraw, is a slap at California’s law, which took effect Jan. 1 of this year. The lawsuit was brought by SAF, the San Diego County Gun Owners PAC, Firearms Policy Coalition and a private citizen, Lana Rae Renna, for whom the case Renna v. Becerra is named. They sued California in November. Plaintiffs are represented by attorneys Raymond DiGuiseppe of Southport, N.C. and Michael Sousa of San Diego.

In his 15-page ruling, Judge Sabraw, a George W. Bush appointee, ruled that plaintiffs “have sufficiently pled the UHA (“Unsafe Handgun Act”) substantially impacts their Second Amendment rights and thus burdens conduct protected by the Amendment.”

It feels like the Supremes finally taking a gun case has opened the floodgates.

And obviously this is unconstitutional. If you have to remove three guns on the list in order to add one, eventually your list will have just one or two guns on it and no other models -- ever -- will be allowed.

Fri May 07 23:07:30 CDT 2021 by TriggerFinger. Comments [Tweet]

Court strikes down Illinois FOID requirement

Second Amendment FoundationAn Illinois Circuit Court Judge in White County has ruled the requirement for possessing a Firearm Owner’s Identification Card to possess a gun in the home is unconstitutional under the Second Amendment.

The case is known as Illinois v. Vivian Claudine Brown. Her case is supported by the Second Amendment Foundation and Illinois State Rifle Association. According to Brown’s attorney, David Sigale of Wheaton, Ill., this is the second time a judge has declared the FOID Card Act unconstitutional, dismissing the charges against Brown, who had a bolt-action rifle in her home, but did not possess an FOID card.

This is a small but significant step forward, as the FOID card itself represents an effective state level registration list of who owns a gun even if it does not map individuals to specific firearms. The card itself also represents a prior permission requirement.

Mon May 03 22:20:26 CDT 2021 by TriggerFinger. Comments [Tweet]

Constitutional Carry in Tennessee

Gateway PunditTennessee Governor Bill Lee (R) signed a constitutional carry bill, also known as the permitless carry bill, into law on Thursday.

The law goes into effect on July 1.

“I signed constitutional carry today because it shouldn’t be hard for law-abiding Tennesseans to exercise their #2A rights. Thank you members of the General Assembly and NRA for helping get this done,” Governor Lee said.

What's taking Texas so long?

Categories 2nd Amendment

Fri Apr 16 23:50:32 CDT 2021 by TriggerFinger. Comments [Tweet]

Iowa goes 2nd Amendment Carry

Epoch TimesIowa Gov. Kim Reynolds signed legislation into law on Friday lifting some restrictions to buy or carry a handgun in the state for law-abiding citizens.

The NRA-backed legislation named “House File 756” will take effect on July 1 and eliminates the requirement for law-abiding Iowans to obtain a permit to purchase a handgun from private non-licensed sources. Additionally, to carry a weapon, people will no longer need to have a permit as well.


What's taking Texas so long to get on this bandwagon?

Categories 2nd Amendment

Sat Apr 10 23:37:27 CDT 2021 by TriggerFinger. Comments [Tweet]

Boulder mass murderer passed background check shortly before shooting

The FederalistAccording to a police affidavit, six days before Alissa shot 10 people to death, he purchased a pistol. That would have required him to pass a federal background check also run by the FBI. It seems the FBI is not very good at this “stopping mass shooters” thing.

Remember this when the Democrats try to pass laws banning private gun sales. Their "background checks" don't work.

Mon Apr 05 22:51:02 CDT 2021 by TriggerFinger. Comments [Tweet]

Charges dropped against first Kenosha shooter

Concealed NationThe only charge that remains is disorderly conduct; the felony recklessly endangering safety charge for firing the handgun will not proceed. Having to argue in one case that Ziminski fired the first shot that night might have proved embarrassing while trying to prosecute the Rittenhouse case, where their story is that Kyle started all the trouble. So Ziminski’s inconvenient gun charge has simply gone away.

Predictably corrupt.

Rittenhouse tried to do the right thing. He's learning that doing the right thing is not any kind of protection.

Categories 2nd Amendment

Fri Jan 08 21:38:57 CST 2021 by TriggerFinger. Comments [Tweet]

Virginia ban on private gun sales takes effect

Virginian-PilotFor the first Yuletide ever, a new law makes it illegal for Virginians to sell their personally owned firearms without buyers clearing the kind of background checks that can only be handled by federally licensed dealers.

Gifts — the genuine kind with zero money, goods or services swapped — are exempt.

Otherwise, both parties must enlist a dealer for a criminal history check run through the Virginia State Police, with the state capping the dealer’s service fee at $15.

Will criminals obey the law? Of course not.
Will this solve any crimes? See above.

Sat Jan 02 23:15:16 CST 2021 by TriggerFinger. Comments [Tweet]

Challenging one-gun-a-month laws

Second Amendment FoundationThe Second Amendment Foundation and several partners today filed a federal lawsuit challenging California’s one-gun-per-month limit, declaring the limitation a violation of the Second Amendment.

It looks like we are going to find out if we have 5 votes for gun rights on the Supreme Court. I'm a bit less sanguine about that now than I was before the Texas case got shut down.

Categories 2nd Amendment

Sun Dec 20 14:15:11 CST 2020 by TriggerFinger. Comments [Tweet]

SAF challenges Maryland rifle ban

Second Amendment Foundation The Second Amendment Foundation (SAF) and its sister organization, the Citizens Committee for the Right to Keep and Bear Arms (CCRKBA), have filed a federal lawsuit challenging the state of Maryland’s ban on common semiautomatic rifles.

The lawsuit was filed today in U.S. District Court for the District of Maryland and captioned Bianchi, et al. v. Frosh, et al. Partnering with SAF and CCRKBA in the case are the

If Biden wins, we may have a narrow window with a favorable Supreme Court. Let's use it.

Thu Dec 03 08:44:36 CST 2020 by TriggerFinger. Comments [Tweet]

American gun owners have a saying...

American ThinkerHere's a serious question. Have we passed that Rubicon in America beyond which it is no longer possible to pretend the American government is legitimately representing the people? I know that question is on a lot of Americans' minds these days, and I think it speaks volumes about our brewing crisis that none of our elected leaders has even attempted to acknowledge, let alone address, the growing unease outside the capital. People are arming up right now in record numbers not because of hunting season; they're buying weapons because their instincts tell them America is on the brink. But if America is on the brink, the D.C. Leviathan seems unsympathetic or unaware. That makes for an awfully dangerous situation.

There are three boxes to which a free man can go when seeking to remain free.

He begins with the soap box -- advocating for retaining his liberty, using the 1st Amendment to protect his ability to speak. The media's bias (especially following the final capitulation of Fox News), combined with Big Tech's censorship of the internet, and pervasive cancel culture, have created a situation where speech is no longer free.

If speech alone is insufficient, he moves to the ballot box, voting for leaders who will correct the situation. While this may not resolve the problem immediately, so long as leaders are chosen by popular vote in free and fair elections there remains hope.

The presidential race in 2020 appears to have demonstrated that the ballot box is no longer free or fair.

That only leaves one box left. Pray we need not open it.

Sun Nov 22 17:45:40 CST 2020 by TriggerFinger. Comments [Tweet]

SAF sues over Maryland's restrictive carry laws

Second Amendment FoundationThe Second Amendment Foundation was joined by several other gun rights organizations today in a federal challenge of Maryland’s prohibitive concealed carry regulations that essentially ban average state residents from exercising their right to bear arms for personal protection under the Second Amendment.

Joining SAF in this legal action are the Firearms Policy Coalition, the Citizens Committee for the Right to Keep and Bear Arms, Maryland Shall Issue, Inc. and three private citizens. Named as defendants are State Police Secretary Woodrow Jones III and Maryland Attorney General Brian Frosh, in their official capacities. The case is known as Call, v. Jones et. al. SAF and CCRKBA are represented by the Washington, DC law firm Cooper & Kirk.

We're getting these lawsuits because Trump put the justices on the court to hear them.

Wed Nov 18 10:42:55 CST 2020 by TriggerFinger. Comments [Tweet]

2nd Amendment Foundation sues over age limit on handgun purchases

Second Amendment FoundationSAF is joined by the Firearms Policy Coalition and Louisiana Shooting Association and two private citizens, Caleb Reese and Joseph Granich, both in the affected age group. The lawsuit was filed in U.S. District Court for the Western District of Louisiana. Plaintiffs are represented by attorneys Raymond M. DiGuiseppe of Southport, NC, Adam Kraut and Joseph Greenlee from Sacramento, CA, and John W. Dillon from Carlsbad, CA, and George J. Armbruster III from Lafayette, LA. Kraut is FPC’s Director of Legal Strategy and Greenlee is the group’s Director of Research. The case is known as Reese v. BATF.

Neither Reese or Granich have criminal records. Both are over age 18, and thus have reached what is generically called the age of majority, which means adulthood. Yet they are denied full rights under the Second Amendment to purchase and own handguns, according to the lawsuit, which states, “The Handgun Ban prevents (them) from purchasing handguns of the makes and models of (their) choice, with full manufacturer warranty and support…in violation of (their) constitutionally enumerated rights.”

With the current composition of the Supreme Court, this seems a promising way of advancing gun ownership rights. The age limit is arbitrary and contravenes a specific enumerated right. While there are other age limits other than 18 in effect (alcohol, 21) that case has so many special factors that it isn't much help.

Wed Nov 11 11:56:32 CST 2020 by TriggerFinger. Comments [Tweet]

Biden would have voted against 2nd Amendment individual right

Biden stated recently he would have voted against the landmark DC v Heller case, which firmly established the 2nd Amendment as an individual rather than a collective right to arms. Presumably he would appoint Supreme Court judges who would vote similarly, which is probably why Biden refuses to release list of Supreme Court judges.

This is hardly a surprise. Biden has signaled his opposition to gun rights by such things as hiring "Beto" as his gun control czar. But it's nice to have him on the record as opposing the Bill of Rights.

Sat Oct 03 01:07:39 CDT 2020 by TriggerFinger. Comments [Tweet]

Police shoot sleeping man through his own window

... and they did it because of red flag laws. They are also refusing to share their bodycam footage, because of course they are. After all, that footage would expose them as liars who shot and killed a man while he slept peacefully in bed next to his pregnant girlfriend, who they also shot.

The police are keeping the survivors under surveillance and threatening them with arrest if they attend protests.

Everyone involved here needs to go on trial for murder and violation of civil rights. But they won't. Because they are police.

Tue May 26 02:15:41 CDT 2020 by TriggerFinger. Comments [Tweet]

Illinois FOID ruled unconstitutional

It's a district court, meaning appeals are inevitable. But the ruling is narrow and based on sound Constitutional law, particularly as it is focused on possession in the home and the impossibility of compliance with the plain language of the law (eg, everyone in the home would need to have a FOID and have it on their person literally at all times).

I think the smart play by the antis would be to not appeal this. They might -- might! -- win one level up at the Illinois Supreme Court. But if this gets to the national Supreme Court, it tracks so closely to Heller that I have to image the statute is doomed -- and that would put at risk similar statutes in other states.

But, of course, they already have.

We're likely to find out what our new Justices think of the 2nd Amendment sooner rather than later.

Categories 2nd Amendment

Mon Mar 25 00:38:00 CDT 2019 by TriggerFinger. Comments [Tweet]

Federal court strikes down New York nunchuk ban

New York Post A federal court says New York’s ban on nunchucks, the martial arts weapon made famous by Bruce Lee but prohibited in the state for decades, is unconstitutional under the Second Amendment.

It says arms, not firearms. Knives, swords, nunchuks, spears, arrows, are all fair game.

This will make it easier when it is time to challenge restrictions on tanks and warships.

Categories 2nd Amendment

Tue Dec 18 06:47:19 CST 2018 by TriggerFinger. Comments [Tweet]

Detroit requires background checks... on ammunition?

The legislation requires a mental health check and limits the quantities that can be bought at one time. It will, obviously, be completely ineffective.

Mon Dec 03 06:47:20 CST 2018 by TriggerFinger. Comments [Tweet]

Retired Justice Stevens suggests Supreme Court may advance gun rights

Think ProgressAccording to Liptak, Stevens “helped persuade Justice Anthony M. Kennedy, who was in the majority, to ask for ‘some important changes’ to Justice Scalia’s opinion.”

The result was a passage providing that Heller should not “be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms.”

First the factual aspect. Assuming it's accurate, it confirms something the gun rights community has long suspected. (I don't particularly doubt the accuracy of the claim, although Stevens may be overstating his own role as as persuasive force...)

Think ProgressThe upshot of Stevens’ highly unusual revelation — justices, even retired justices, rarely disclose internal Court deliberations — is that there are probably no longer five votes on the Supreme Court who support this language in Heller. A wide range of firearm restrictions intended to keep firearms out of the hands of especially dangerous individuals or to keep them out of “sensitive places such as schools” could soon fall.

Now the facts.

We don't know where the current court sits on gun rights. Roberts has demonstrated squishy behavior before. Kennedy was replaced with Kavanaugh, presumably a solid 2nd Amendment vote, but Trump's first pick Gorsuch replaced Scalia (solid pro-gun vote) with a presumably solid pro-gun vote. Neither Kavanaugh nor Gorsuch have really been tested yet and Roberts is untrustworthy. We're probably better off with Kennedy replaced. But we need to win one more to feel secure, and even then, we can't count on the new Justices until we see how they vote.

Since Stevens is clearly trying to stoke panic here, let me rebut.

Gun free zone laws around schools have stopped precisely zero school shootings. As with other places declared gun free, criminals view them as soft targets. The only people deterred from carrying in such zones are the honest, law-abiding people who you would want to have a gun in case of such an attack.

"Laws intended to keep firearms out of the hands of especially dangerous individuals" has a couple possible meanings. Do they mean felons? Most felons will be able to get a gun as easily as they can get drugs, ie, illegally. Challenges to the core of felon-in-possession laws seem unlikely in the near future, though we will likely see nibbles around the edges for people acting in self-defense, whose crimes were not violent in nature, and who have been rehabilitated into society. Do they mean people like the Parkland shooter, who should have been on the naughty list but was not due to law enforcement failures? Law enforcement will have failures no matter what laws you pass. Do they mean people like the man who died at the hands of police in Maryland recently? How many innocent people need to die because one of their in-laws didn't like them owning a gun?

Thu Nov 29 07:47:19 CST 2018 by TriggerFinger. Comments [Tweet]

Violating both the 1st and 2nd Amendments

New York wants to check your social media before letting you buy a gun. And that includes a year of your internet search history.

No mystery writer or fiction author with ever again by able to buy a gun under those rules, which I suspect New York is just fine with.

Wed Nov 07 05:57:43 CST 2018 by TriggerFinger. Comments [Tweet]

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