Lawyers for the Department of Justice submitted a memorandum Friday in the United States District Court, Southern District of California, in support of defendant’s motion to dismiss Lycurgan, Inc., dba Ares Armor vs. B. Todd Jones [successor name to be substituted], in his official capacity as Head of the San Diego Bureau of Alcohol, Tobacco, Firearms and Explosives. The case involves Ares’ contention that ATF erred and overstepped its authority in declaring the firm’s EP80 polymer precursor receivers (“80 percent receiversâ€) to be complete receivers, and thus “firearms†as defined by the Gun Control Act of 1968.
The only people who should have access to these bullets are law enforcement and the military. There is no conceivable reason for anybody else to need access to a handgun round that can pierce body armor. It is our responsibility to do whatever we can to keep law enforcement safe – to protect them while they protect us. And when the gun industry fights to keep ammunition like this on the street, we must stand up.
Hunters and law-abiding gun owners have no need for a compact, semi-automatic firearm with ammunition that punches through body armor. Deer don’t wear Kevlar. Yet over and over again, we hear the gun industry lobby arguing to ensure that civilians have access to cop-killing bullets.
Why do police need armor piercing bullets? How many crimes have been committed by people wearing body armor? Every .30 caliber rifle round can pierce soft body armor. If you are truly against “armor piercing ammo” then you should want all rifle ammunition banned. Hunting is a false argument, the second amendment never mentions hunting. At the time of the War of Independence the citizens of the colonies were just as well armed as the Redcoats. There were even towns that had their own armories stocked with cannons.
In the present case, various officers of the HPD and NLVPD entered into and occupied Linda’s and Michael’s home for an unspecified amount of time (seemingly nine hours), but certainly for less than twenty-four hours. The relevant questions are thus whether municipal police should be considered soldiers, and whether the time they spent in the house could be considered quartering. To both questions, the answer must be no.
I hold that a municipal police officer is not a soldier for purposes of the Third Amendment. This squares with the purpose of the Third Amendment because this was not a military intrusion into a private home, and thus the intrusion is more effectively protected by the Fourth Amendment. Because I hold that municipal officers are not soldiers for the purposes of this question, I need not reach the question of whether the occupation at issue in this case constitutes quartering, though I suspect it would not.
That’s why it’s so refreshing to see a bill like the Surveillance State Repeal Act. It’s bold and effective. Specifically, here is what the bill would do:
Repeals the Patriot Act (which contains the provision that allows for the bulk collection of metadata from U.S. citizens).
Repeals the FISA Amendments Act (which contains provisions allowing for the government to monitor emails).
It would extend judges’ terms on the Foreign Intelligence Surveillance Court and technical and legal experts to advise on technical issues raised during proceedings.
Mandate that the Government Accountability Office (GAO) regularly monitor such domestic surveillance programs for compliance with the law and issue an annual report.
Ban the federal government from mandating that the manufacturer of an electronic device must install spy software.
Gives people a proper channel to report illegal activity in their department.
Says that no information related to a U.S. person may be acquired without a valid warrant based on probable cause—including under Executive Order 12333.
Retains tools that are useful to law enforcement such as not requiring a new warrant if the suspect switches devices in an attempt to break surveillance.
Protects intelligence collection practices involving foreign targets for the purpose of investigating weapons of mass destruction.
B. Todd Jones’ resignation is effective March 31. After that, Deputy Director Thomas Brandon will become acting director.
“I will truly miss leading and working side-by-side with these men and women in their pursuit of ATF’s unique law enforcement and regulatory mission,” Jones said in a statement Friday.
The director of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is stepping down following controversy surrounding the agency’s proposal to ban certain types of ammunition.
Jones, who in July 2013 became the first ATF director to be confirmed by the Senate and led the agency after a scandal involving the agency’s infamously botched Operation Fast and Furious gun tracking initiative, is departing shortly after the agency dropped a controversial attempt to ban certain armor-piercing bullets used in AR-15 rifles.
One of the most popular outlets for selling many of the parts to build an AR-style rifles says it has rules banning the listing of so-called “assault rifle†components, adding its regulations are in line with laws in its home state of California.
But a news investigation into the sales of AR parts on the world’s most popular auction site eBay shows many sellers either don’t know the rules or tweak their listings to circumvent algorithms alerting the company of the banned items. And despite officials at the company learning of the parts sales, the items remain on the site for weeks despite the rules.
Also called “suppression devices,†the metal tubes that enable guns to fire more quietly are one step closer to becoming legal after the House Public Safety and Crime Prevention Committee voted Thursday evening to pass a measure legalizing them.
It heads next to the House floor for a vote, but it’s uncertain whether gun-related legislation will gain traction in the Senate, while Gov.Mark Dayton said he has no interest in changing the state’s existing gun laws.
The committee also cleared measures allowing permit holders to carry guns on State Capitol grounds without first notifying the state Department of Public Safety and easing the purchase of guns in other states.
Under the measure by Sen. Craig Estes, R-Wichita Falls, Texas would join most other states in authorizing open carry of handguns — as long as the person has a state concealed handgun license. Currently, about 826,000 Texans have concealed handgun licenses, nearly 3 percent of the state’s population.
The bill, approved on a party-line 20-11 vote, would be effective on Jan. 1, 2016. Texans can already carry long guns, such as rifles, openly.
In a Senate Appropriations Committee hearing, ATF Director B. Todd Jones said all types of the 5.56 military-style ammo used by shooters pose a threat to police as more people buy the AR-15-style pistols.
“Any 5.56 round” is “a challenge for officer safety,” he said. Jones asked lawmakers to help in a review of a 1986 bill written to protect police from so-called “cop killer” rounds that largely exempted rifle ammo like the 5.56 because it has been used by target shooters, not criminals.
So the problem isn’t M855 but all 5.56 ammo? Sounds like they want to ban all ammunition.
Gun-rights supporters responded angrily. Right-wing media accused the Obama administration of an illegal move to restrict the Second Amendment. U.S. Rep. Bob Goodlatte (R-Va.) wrote a letter co-signed by 236 members of Congress to express their “serious concern.” Fifty-two senators also expressed their displeasure with the ATF’s proposal.
But in a Twitter post on Tuesday, the agency acknowledged the intense opposition to the change and said it would shelve the proposal for now.
“You spoke, we listened,†the post said. “@ATFHQ plans more study on the proposed AP Ammo exemption framework.â€
A statement on the agency’s website said the agency had received more than 80,000 opinions even before the comment period for the proposed regulatory change was due to end next Monday. The agency said the “vast majority of the comments received to date are critical†of the proposal.
“Accordingly, A.T.F. will not at this time seek to issue a final framework,†the statement said. “After the close of the comment period, A.T.F. will process the comments received†and “further evaluate the issues raised.â€
DD had pre-ordered a carbon fiber printer from the company MarkForged, who then backed out saying that only the government is allowed to use their printer for firearms.
“Any ammunition is of concern to police in the wrong hands, but this specific round has historically not posed a law enforcement problem,” said James Pasco, executive director of the Washington office of the Fraternal Order of Police, the world’s largest organization of sworn law enforcement officers, with more than 325,000 members.
He told Secrets that the round used mostly for target practice “is not typically used against law enforcement.”
Gov. Sam Brownback hopes that an increasingly firearm-friendly environment helps draw gun makers and jobs to the state.
During the last 18 months, the Brownback administration has been trying to lure gun makers to Kansas, urged on by conservative lawmakers who think that easing gun restrictions could make the state more attractive to manufacturers under legislative assault elsewhere.