Archive for category Law

ATF’s Continued Bad Rulings

From The Federalist:

As Davis noted, in 2010 the agency said bump stocks weren’t “machineguns,” that a bump stock “performs no automatic function when installed. In order to use the installed device [the bump stock], the shooter must apply constant forward pressure with the non-shooting hand and constant rearward pressure with the shooting hand.”

Rejecting its 2010 determination, the BATFE now says that a bump stock causes a semi-automatic firearm to fire “in a manner that allows the trigger to reset and continue firing without additional physical manipulation of the trigger by the shooter.”

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CA Won’t Recognize Expunged Records For Gun Purchases

From Reason:

But not according to the state of California, where Linton and Stewart have long led law-abiding lives. The California Department of Justice (DOJ) maintains that their vacated felony convictions forever disqualify them from buying or possessing guns. Last week Linton and Stewart, joined by the Firearms Policy Coalition and three other gun rights groups, filed a federal lawsuit in San Francisco, arguing that California’s policy violates the Second Amendment, the Full Faith and Credit Clause, and the Privileges and Immunities Clause.

California law, like federal law, prohibits people with felony convictions from owning firearms. On its face, that provision does not apply to people like Linton and Stewart, since their felony records have been vacated and therefore no longer exist as far the courts of conviction are concerned. Yet the California DOJ has told them that the state does not recognize those legal facts.

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Scotland Succumbs To Mob On Hunter

From Breitbart:

Numerous respondents demanded that Scotland do something to stop such hunts from taking place. The outcry eventually grew strong enough that Nicola Sturgeon, the First Minister of Scotland, pledged the government would “review the current situation and consider whether changes to the law [for hunting such animals] are required.”

Fox News reports that Scotland had now brought charges against Switlyk for “firearms offenses.” Police released a statement saying, “Following several complaints of wild goat ‘trophy’ hunting on Islay in (October), Police Scotland can now confirm that a 33-year-old woman and a 41-year-old man from the USA have been reported to the Procurator Fiscal for firearms offences.”

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NJ Created New Felons With Magazine Ban

From Reason:

How many of New Jersey’s 1 million or so gun owners have complied with the ban by turning LCMs in to law enforcement agencies? Approximately zero, judging from an investigation by Ammoland writer John Crump. Crump, an NRA instructor and gun rights activist, “reached out to several local police departments in New Jersey” and found that “none had a single report of magazines turned over.” He also contacted the New Jersey State Police, which has not officially responded to his inquiry. But “two sources from within the State Police,” speaking on condition of anonymity, said “they both do not know of any magazines turned over to their agency and doubted that any were turned in.”

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Bump Stocks Classified As Machine Guns

Everyone who has a bump stock has 90 days to turn them in or become a felon.

From Breitbart:

The Department of Justice is amending the regulations of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) to clarify that bump-stock-type devices-meaning “bump fire” stocks, slide-fire devices, and devices with certain similar characteristics-are “machineguns” as defined by the National Firearms Act of 1934 and the Gun Control Act of 1968 because such devices allow a shooter of a semiautomatic firearm to initiate a continuous firing cycle with a single pull of the trigger.

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Guns In OK Capitol?

From Bearing Arms:

An Oklahoma lawmaker wants to allow those with a valid handgun license to carry guns in the Capitol, something that is currently prohibited.

Senate Bill 38, authored by Sen. David Bullard, R-Durant, would allow individuals with a valid handgun license to proceed through a security checkpoint with a weapon after presenting the license.

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Katie Couric Not Guilty Of Defamation

From Bearing Arms:

The Virginia Citizens Defense League brought the legal claim and asserted $13 million in damages after Under the Gun premiered at the Sundance Film Festival with a controversial scene. Couric asks members of the group, “If there are no background checks for gun purchasers, how do you prevent felons or terrorists from purchasing a gun?”What followed was nine seconds of silence, which the plaintiffs alleged amounted to “manipulated footage falsely inform[ing] viewers that the VCDL members had been stumped and had no basis for their position on background checks.”

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Nunchucks Are “Arms”

From Bearing Arms:

But the thing is, it’s the right to keep and bear arms. That includes weapons like nunchucks, even if they’re essentially obsolete in most ways. That’s important because it also protects the next kind of weapon. Technology advances, after all. The Kentucky rifle was the standard civilian firearm when the Second Amendment was written, but the descriptor of “arms” protected repeating firearms when they were introduced. It means it should protect whatever firearms come next, even if we don’t live to see that day.

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Australia Wants Backdoors In Software

From Signal:

One of the myriad ways that the “Assistance and Access” bill is particularly terrible lies in its potential to isolate Australians from the services that they depend on and use every day. Over time, users may find that a growing number of apps no longer behave as expected. New apps might never launch in Australia at all.

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Boulder Gun Registration Deadline

From The National Sentinel:

Remember when Boulder, Colorado banned the ownership of AR-15 rifles? They also banned high-capacity magazines and bump stocks, giving gun owners with such magazines until July 15, 2018 to either sell them or dispose of them—whatever that means. Most likely, you’ll have to turn them over to the authorities. Now, there is a grandfather clause allowing residents who already owned AR-15s to keep them as long as they get a certificate by the local sheriff’s office. Well, that date is rapidly approaching. AR-15 owners have until December 27 to certify their weapons. If owners fail to do this, they won’t be allowed to own their rifles within city limits. So far, only 85 rifles have been certified.

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“Red Flag” Law Proposed In Texas

From Gun Dynamics:

Texas lawmakers will consider anti-gun bills including “red flag” laws, mandatory background checks for all private handgun sales at gun shows, and new regulations on 3-D printed firearms in the next year’s legislative session.

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Mass. Refuses To Issue Gun Licenses

From NRA-ILA:

In a complete breakdown of the U.S. system of government, Massachusetts’s executive branch has defied orders issued by the state’s judicial branch and continued to deny the licenses that the courts have ordered them to issue. According to the Globe report, “Daniel Bennett, Baker’s public safety secretary, told local police chiefs… that the state intends to block certain licenses from being reinstated, even if ordered by a judge.” In what some might view as encouragement to commit contempt of court, the Globe reported that the Baker administration has told local law enforcement officials that if they are ordered by a judge to issue a firearms license to an individual the executive branch has deemed prohibited, the local official should submit the prospective gun owner’s paperwork to the state, where “officials would refuse to process it.” The administration is demanding that local officials disobey a direct court order.

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Gun Crime Rises In CA Despite Gun Laws

From Breitbart:

Despite all the stringent gun controls a bill filed by Assemblyman Marc Levine (CA-D-10) admits California firearm homicides were up between from 2014 to 2016. The bill says, “Although California has the toughest gun laws in the nation, more effort is necessary to curtail gun violence. The Department of Corrections and Rehabilitation found that from 2014 to 2016 gun homicides increased 18 percent.”

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Case Could Reign In Federal Bureaucracies

From Bearing Arms:

Recently, there has been a push from some quarters to reconsider Auer deference, Chevron deference, and other aspects of the modern administrative law state, and overturn them as being inherently unconstitutional; specifically, that such deference to bureaucratic decisions violates the required Separation of Powers. 

Were that to happen, the current administrative state would be rocked to its core. While there have been some rumblings from Justice Thomas and others in this regard, there did not appear to be a majority on the Supreme Court interested in potentially unleashing this kind of political earthquake. (Scalia and Kennedy were, at best, squishy on the issue.)

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ATF Changes Accessory Review

From Guns.com:

“Effective immediately, any requests for a determination on how an accessory affects the classification of a firearm under the GCA or NFA must include a firearm with the accessory already installed,” noted ATF. “Except in cases of conditional import determinations, FTISB will not issue a determination on an accessory unless it is attached to the submitted firearm.”

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