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Posts Tagged gun rights
Potential Biden Gun Restrictions
From The Federalist:
Out of the myriad options a Biden administration will have to infringe on our constitutional protections, which will they choose first? Based on my experience with clients and the Bureau of Alcohol, Tobacco, Firearms and Explosives (AFT) as a firearms attorney, some recent news events, and a bit of firearm-industry intuition, I think the first things a Biden administration will do regarding guns if given the chance are:
- Banning pistol braces
- Banning homemade firearms/80 percent receivers
- Banning online firearm and ammunition sales
Shortly after the first bans, and if he has the help of the Senate, the next gun control measures will likely be:
- Banning “assault weaponsâ€
- Banning “high capacity†magazines
- Requiring universal background checks
Polymer80 Refuses To Release Customer Info
From Ammoland:
At the same time, Polymer80 received a subpoena from the state of California demanding that they turn over customer information. Polymer80 is refusing to comply with the subpoena and is committed to fighting back against the anti-gun state. Polymer80 attorneys told AmmoLand News that the company will fight against California’s legal request and is committed to protecting its customer’s information. The company is still selling and manufacturing 80% frames.
Mess Of An Article Can’t Reconcile Gun Rights And Minority Rights
From Huckmag.com:
Feral says a ban would be “low-hanging fruit†for Biden’s base, but the implications might be anything but progressive. “If they make assault weapons a National Firearms Act regulated item, you’re talking about $1000 in tax stamps alone [to buy an assault rifle].†In her view, this doesn’t keep guns out of the hands of dangerous people – it keeps them out of the hands of poor people.
As NRA Influence Wanes New Groups Are Stepping Up
From Mother Jones:
Several groups have already ramped up their operations over the past year, such as Gun Owners of America, a national group that former Texas Rep. Ron Paul once called “the only no-compromise gun lobby in Washington.†Van Cleave says the VCDL has “been working quite a bit with†Gun Owners of America on both state and national issues. “I think what’s going to happen is as the NRA ends up being pretty crippled for a while, there are other organizations that are going to step forward,†he says. “There’s not going to be a void there, somebody’s going to fill that.â€
TX State Rep Intros Bill To Repeal Castle Doctrine
From The Truth About Guns:
…a very worrying piece of legislation was introduced by Irving State Representative Terry Meza. HB 196 seeks to repeal the Castle Doctrine, preventing a homeowner from using firearms to defend their property.
Yes and no. The bill does strike “robbery, or aggravated robbery†from the list of things one can use deadly force against in Sections 9.32(a)(3)(B). But the use of deadly force — and not just with a firearm — to prevent the loss of “tangible, movable property†is left intact in Section 9.41.
How The Soviets Took The Guns
From The Truth About Guns:
The only exception was made for hunters who were allowed to possess smoothbore weapons. Gun licenses, however, were strictly regulated and only issued by the NKVD, the police organization known for its role in Joseph Stalin’s political purges.
It was only a matter of time before Russia became an almost totally gun-free nation. Some people believed Russians would regain their right to own guns after the collapse of the Soviet Union but despite firearms becoming available on the black market during the 90s, the new government did not risk liberalizing the gun market.
A Cuban’s Warning About Gun Registration
From The Truth About Guns:
Son, I see things are playing out here in America just as they did back in Cuba when I was a child. Did you know your grandfather had a .44 magnum revolver? Your grandfather had lots of firearms including a western-style lever action rifle, a .38 revolver and a few shotguns.
The ATF’s Arbitrary Rule Making Needs To Stop
From The Truth About Guns:
Then, as we neared the election, the ATF dropped an October surprise, declaring some braced pistols were actually SBRs — NFA-regulated short barreled rifles — only to later back off that determination under pressure. That declaration was in direct disobedience to the Department of Justice’s edict (which happened, in a big part, thanks to Rep. Gaetz with help from brace manufacturer SB Tactical) that ATF could not pursue any new rulings or regulations on pistol braces without first setting clear standards for the accessories in cooperation with the firearm industry.
Are Gun Rights And Police Protestors On The Same Side?
From The Crime Report:
Protesters calling for stricter measures against police violence should be on the same side of the barricades as Second Amendment opponents of stricter gun controls, argues a Virginia law professor.
Since both fear the government’s â€monopoly of force†and are skeptical of authorities’ ability to protect citizens during times of unrest, they have an equal interest in Constitutional guarantees of the right to bear arms and protect themselves, Robert Leider writes in a forthcoming article in the Northwestern University Law Review.
Read the whole cited paper HERE.
First Bump Stock As A Machine Gun Prosecution Dropped
From Houston Chronicle:
A federal prosecutor withdrew the unique charge before the trial began for a Houston man accused of owning the device. However, the defense was prepared to call an ATF expert to testify that bump stocks, attachments that cause a rifle to fire more rapidly, do not render a semiautomatic gun a machine gun.
Experts had conflicting views on the matter, said defense attorney Tom Berg. But Rick Vasquez, a retired ATF agent and firearms expert, would have told the court the bump stock did not meet the statutory definition of a machine gun. The prosecution dismissed case, he said, because the government couldn’t prove beyond a reasonable doubt the bump stock was a machine gun.
Bureaucrat Militias and the Threat To Freedom
From Law and Liberty:
In addition to the administrative agencies that we would expect to have militias, the Justice Department, Homeland Security, the Bureau of Prisons, and such, some unlikely federal bureaucracies actively train and use militias: IRS, Social Security Administration, Department of Education, Consumer Safety Products Commission, Bureau of Land Management, Department of Agriculture, National Oceanic and Atmospheric Administration and a host of other agencies, both large and small. Sensational stories about the Environmental Protection Agency raids to enforce the Clean Water Act have surfaced in recent weeks; the Education Department has used its militia to terrorize citizens suspected of defaulting on student loans; and a few years ago, the National Oceanic and Atmospheric Administration, along with the militia from the Fish and Wild Life Service made a spectacular raid on a Miami business suspected of having violated the Endangered Species Act.
These raids were full-scale military operations to enforce administrative agency regulations. Government militias have become so active in the past several years that the rate at which they purchase ammunition for training purposes has caused widespread shortages in civilian markets—at times it has been almost impossible for civilians to purchase the most popular calibers used by government militias. What should we make of this dramatic expansion of the administrative state?
Delayed Rights Are Denied Rights
From Law and Liberty:
An analogy to the First Amendment demonstrates why the delays in gun access are unconstitutional. While the First Amendment permits states to require licenses for demonstrations (because of the need to prevent disruption to other activities), such licenses cannot be so unreasonably delayed as to effectively undermine the right of free speech. Moreover, the First Amendment suggests the need for licensing exceptions for demonstrations in response to breaking news. In any event, judges have permitted short delays of only a few days before licenses for demonstrations must be issued.
Similarly, licensing is permitted under the Second Amendment to make sure that guns do not get in the hands of felons and the mentally ill—categories of people the Supreme Court has stated do not have the right to guns. But delays in issuing gun licenses during unrest would render the Second Amendment right as ineffective as unnecessary delays in protest licensing would the First. Moreover, substantial delays are unneeded to determine whether someone is a felon or has been adjudicated as mentally ill, as the federal instant gun check program shows. These delays are also far more substantial than any “cooling off†period that would help prevent crimes of vengeance or passion, even assuming that such a reason for delay was compatible with the Second Amendment’s provision of a right to ready self-defense.
The Left Continues To Misinterpret Gun Culture
From The New Republic:
Rarely do the police chiefs or concealed carriers whom Carlson interviews stop to consider if the ubiquity of firearms in America is the source of that constant sense of danger. Instead, their worldview is guided by twin instincts: what Carlson calls “gun militarism†and “gun populism.†Gun militarism, espoused by essentially every chief she interviewed, is synonymous with the infamous “Warrior Cop†training that conditions police to think of the world as filled with enemies at every corner who must be overpowered at all costs, necessitating an arms race with criminals. Gun populism, meanwhile, aligns with the pro-gun dogma that lawful gun owners carrying in public make America safer either by providing quick responses to threats when police aren’t present or by deterring crime in the first place. One is a top-down approach to meeting an ever-present threat, the other bottom-up. Most of the chiefs Carlson interviewed argued that gun militarism and populism complement one another.