Posts Tagged commerce

Court Dismisses Case Against Gun Manufacturers

From NSSF:

“This decision by the federal judge to dismiss with prejudice this frivolous case is pleasing, if not unexpected,” said Lawrence G. Keane, NSSF Senior Vice President of Government Relations and Public Affairs and General Counsel. “These are lawful and federally-regulated AR-15 modern sporting rifle manufacturers that make semiautomatic rifles for lawful purposes. The judge was absolutely correct to assert that the proper venue to establish public firearms policy is through the legislature and not the courts.”

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Republicans Spreading Bad Idea On Background Checks

From Firearms Policy Coalition:

On September 18, 2019, a purported “idea” document reportedly being circulated among Republican senators and congressmen was leaked to the media. The document, entitled “Idea for New Unlicensed-Commercial-Sale Background Checks”, is both frighteningly vague and callous in its disregard for the Second and Fourth Amendments, as well as the federalist principles that animate the Commerce Clause.
The document suggests that “many commercial sales are conducted outside of FFLs without any background check or record-keeping requirements.” This is either incorrect or uses a definition of “commercial sale” beyond the scope of common understanding. Present law requires anyone “engaged in the business” of selling firearms to acquire a Federal Firearms License. Incidental, intrastate transactions between private individuals are regulated by the states.

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Lawsuits Can Threaten Rights

From Overlawyered:

The brief emphasizes two lines of argument that I find exactly to the point. First, under the right circumstances, the workings of tort lawsuits can impinge on individual rights guaranteed by the Constitution: exorbitant libel verdicts can menace freedom of speech, and similarly stretching of tort and public nuisance law can endanger Second Amendment rights. It is worth making explicit the parallels between the Supreme Court’s acknowledgment of the first in New York Times v. Sullivan and Congress’s recognition of the second in its passage of PLCAA.

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Lawsuits Threaten Gun Industry

From National Review:

In 2005, a wave of lawsuits threatened to bankrupt the gun industry. These suits were based on — pick your adjective — “creative,” “novel,” “inventive,” and “imaginative” legal theories that rarely held up in court, and they did their damage primarily by forcing gun companies to incur the costs of defending against them. Congress, seeing the problem, stepped in to put a stop to it — or at least tried to — by passing the Protection of Lawful Commerce in Arms Act (PLCAA).
A decade and a half later, anti-gun activists have responded with yet more new legal theories, and the Connecticut courts have bought one of them. Some families victimized by the Newtown massacre are being allowed to pursue a wrongful-death claim against Remington, which owns Bushmaster, the company that made the rifle used in the attack.

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NASCAR Refuses Gun Ads

From The Washington Examiner:

Dark Storm Industries said an ad it submitted featuring one of the company’s AR-15s was rejected and online retailer K-Var Corp. said an ad featuring an AK-47 and 9mm handgun was also rejected. Both said a NASCAR advertising agency solicited ads from them for NASCAR publications. They submitted ads but were told NASCAR would not accept them.

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NJ Now Going After Banks That Do Business With Gun Industry

From The New York Times:

New Jersey intends to stop doing business with gun manufacturers and retailers that fail to adopt policies, like conducting background checks, to stop guns from falling into the wrong hands, becoming the first state to take such stringent action against the firearms industry.
The state will also apply pressure on major financial institutions, seeking information from banks that do business with New Jersey about their relationships and policies involving gun makers and sellers.

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Walmart Stops Selling Most Popular Guns

From Guns.com:

The move came in an open letter to company employees by Doug McMillon, president and chief executive officer of Walmart, which operates more than 5,000 store locations nationwide. Out, after selling through current stocks, is handgun ammunition and “short-barrel rifle ammunition such as the .223 caliber and 5.56 caliber that, while commonly used in some hunting rifles, can also be used in large capacity clips on military-style weapons.”

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Sen. Warren To Hike Taxes On Guns If Elected

From PJ Media:

If elected, Warren promises to raise taxes on firearms and ammo purchases by 30% and 50%, respectively. That’s on top of her plan for federal licensing for gun ownership — presumably with a federal database of who owns what — expanded background checks, and a renewed ban on “assault-style” weapons.

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Walmart Employees Walkout Over Guns

From Bearing Arms:

Roughly 40 employees walked out of a Walmart e-commerce office in California on Wednesday to protest the retail giant’s gun sale policy after a deadly mass shooting at one of its stores in El Paso, Texas.
According to The Washington Post, the employees left their offices for about 15 minutes and gathered outside the building, where they took a moment of silence.
Other company locations in New York City and Portland, Ore., also reportedly saw employees take similar actions on Wednesday to call on the company to change its policies.

Notice no employees who work at a physical store walked out. Only people who work behind a computer and on the coasts.

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Walmart Refuses To Stop Selling Guns After Protests

From Bearing Arms:

In the immediate aftermath of the shootings in El Paso, Texas, which took place largely at a Walmart shopping complex, a number of celebrities and activists took to social media to urge the nation’s largest retailer to quit selling firearms and ammunition.

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Will Small Shops Survive Illinois Gun Control?

From Bearing Arms:

A new gun control law aimed squarely at gun shops in the state of Illinois takes effect today. The Firearms Dealer License Certification Act requires all gun stores across the state to be licensed by the Illinois State Police as well as the federal government, and in order to get that state license firearm retailers have to navigate a maze of red tape and comply with onerous new restrictions. In some cases, gun shops are shutting down rather than try to meet the new requirements, and other stores are ditching gun and ammo sales completely.

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Lawsuit Fails Against Armslist

From Guns.com:

In a 5-1 ruling, the court held the federal Communications Decency Act shields the Oklahoma-based website in the case. This had the effect of clearing Armslist of liability in the Brady suit, which aimed to find blame with the company following a 2012 shooting with a firearm purchased from a listing on the site.
A judge in a previous 2016 ruling by a lower court also cited CDA, saying that since Armslist did not create the ad or directly become involved in the transaction, they cannot be held at fault over such third-party content.

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NYT Wants Credit Cards To Discriminate Against Gun Owners

From Breitbart:

The Times suggests banks are “unwittingly financing mass shootings” by allowing individuals to use their cards to buy firearms and related accessories.

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National Gun Trader To Launch Jan 1st

From The Truth About Guns:

The People of the Gun have been bemoaning the lack of a large scale, professional online marketplace for firearms and gear. We’ve been clamoring for someone to step in and fill an obvious void in the marketplace, thanks to so many retail outlets and financial institutions who’ve made it difficult or impossible for retailers and consumers to do business.

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New Dems To Criminalize Private Gun Sales

From Breitbart:

So Thompson will sponsor legislation requiring a background check before someone may buy a gun from his neighbor, a co-worker to get a background check before buying a gun from a co-worker, and so forth. The bill will go so far as to require a son to get a background check before a father can give him a gun as a gift.

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