Tuesday, March 31, 2015
When I attended the SHOT Show I got a chance to see the preview of the documentary Safe Haven: Gun Free Zones in America. It is a critical look at so-called gun-free zones and how they fail to actually protect people. The film is produced and directed by Tim Crimmins. The Outdoor Channel will be airing tomorrow at 4:30pm. They will also be streaming it online.
If you subscribe to the Outdoor Channel and can DVR it, I suggest you do so. This is a documentary that you will want to share with your friends and family that may be on the fence about firearms and gun-free zones.
I usually can't sit through a movie. I joke that I have "movie ADD". I didn't move for 45 minutes watching Safe Haven. It is that powerful and compelling. Below is a trailer for the documentary. By the way, the Outdoor Channel will be presenting this without any ads or commercials. They have funded the documentary's production out of their own budget.
Monday, March 30, 2015
Jessica Ghawi was one of the victims of the theater shooting in Aurora, Colorado. In September 2014, the Brady Center brought suit on behalf of her parents against Lucky Gunner LLC, Sportsman's Guide, and two other vendors for "failing to screen the gunman and making it too easy for him to buy ammunition, tear gas and body armor." The case was filed in Arapahoe County District Court. This case was part of the Brady Center's so-called "bad apples" project.
The case was moved to US District Court for the District of Colorado in October 2014 under the diversity of citizenship doctrine. The plaintiffs were from Texas, the late daughter was a resident of Colorado, and the defendants were located in a variety of other states. The case was assigned to Senior Judge Richard Matsch.
Fast forward to late Friday afternoon. Judge Matsch ruled against the plaintiffs and awarded attorney fees to Lucky Gunner and Sportsman's Guide.
Upon the foregoing, it is ORDERED that plaintiffs’ claims as to all defendants and this civil action are dismissed. Pursuant to C.R.S. §13-21-504.5, defendants Lucky Gunner and the Sportsman’s Guide are entitled to an award of reasonable attorney fees and costs to be determined after filing motions pursuant to D.C.Colo.L.Civ.R.54.3 within 14 days after entry of judgment pursuant to this order.I hope to have more on this decision after I've had time to read and digest the opinion. In the meantime, I wonder if the Brady Center will be the ones paying the attorney fees or are they going to stick the parents with the bill.
I should note for the record that I am an affiliate of Lucky Gunner and a customer of Sportsman's Guide. Indeed, when I got home from work on Friday, I found a package from Sportman's Guide which contained, among other things, ammo.
Saturday, March 28, 2015
Friday, March 27, 2015
Any long-time reader of this blog knows that I loathe and despise the so-called animal rights group PETA. In addition to their legal grandstanding against events like the Possum Drop, they run an animal shelter in Norfolk, VA. Unlike the private shelters in my area that operate as no-kill shelters, the PETA shelter seems to operate on the kill'em all and let God sort them out principle.
Looking at the statistics from the Virginia Department of Agriculture and Consumer Services for the last 10 years, the lowest percentage of animals euthanized (killed) in any one year was 82.4% in 2013. In 6 out of the 10 years, they euthanized 90% or more of the animals received. In a couple of those years, less than 10 animals (dogs or cats) per year were reported as adopted.
In response to this abysmal record, the Virginia legislature enacted SB 1381 which clarified state law regarding private animal shelters. It says that "their purpose is to find permanent adoptive homes for animals." The Virginian-Pilot reports that Gov. Terry McAuliffe has signed the bill.
It should come as no surprise that PETA opposed this bill.
The sponsor of the bill, Sen. Bill Stanley (R-Franklin County) said he hoped PETA will reduce their extremely high euthanasia rate. If not, they will lose access to the drugs used to euthanize animals.
I guess PETA will have to go back to the old methods like using car exhaust.
Thursday, March 26, 2015
Ninth Circuit Court of Appeals Chief Judge Sidney Thomas is getting his wish: an en banc rehearing of the Peruta and Richards cases. Judge Thomas was the sole dissenter in those cases. The only way to reverse the precedent in those cases was to have it reversed by the US Supreme Court or through an en banc rehearing of the case.
When an unnamed judge on the Ninth Circuit - widely assumed to be Judge Thomas - called sua sponte for an en banc rehearing of the case, it wasn't good news. Both the plaintiffs and the defendants were required to submit briefs arguing either for or against an en banc rehearing. The decision on whether to call for the rehearing was dependent upon the vote of the majority of the active judges on the circuit. Given the overall liberal nature of this circuit, I guess we should not be surprised by the rehearing.
Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Federal Rule of Appellate Procedure 35(a) and Circuit Rule 35-3. The three-judge panel opinion and order denying motions to intervene shall not be cited as precedent by or to any court of the Ninth Circuit.The panel sitting on the rehearing of the case will be Chief Judge Thomas, a Clinton appointee, and 10 other judges picked at random. In all other circuits, all active judges would sit for the en banc rehearing. However, given the number of judges in the Ninth Circuit, they have had to adopt different procedures.
The question on whether California Attorney General Kamala Harris and the State of California will be allowed to intervene in the case is still up in the air.
All in all, this isn't good news for carry rights in California.
Wednesday, March 25, 2015
I missed this on Monday afternoon as I was preparing to leave on a business trip.
US District Court Judge Benjamin Settle of the Western District of Washington allowed the Washington Alliance for Gun Responsibility and Everytown for Gun Safety Action Fund for I-594 to intervene as defendants to the suit brought by the Second Amendment Foundation. Judge Settle refers to WAGR and Everytown as "citizens and organizations operating in Washington State" in his order granting their motion.
WAGR is perhaps a local organization but the reality of considering Everytown as a local organization boggles the mind. Has the judge been watching too many programs on Syfy and magically teleported New York City to Seattle? It does go to show how the efforts of Bloomberg's minions to set up corporations in many states has helped them in this situation.
I'm at an out of town meeting so I'll let Dave Workman provide more background and insight into this.
Monday, March 23, 2015
B. Todd Jones is leaving as Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives effective March 31st. Speculation on this started building on Thursday and it was confirmed on Friday by the BATFE itself in a press release.
Coming on the heels of BATFE's backpedaling on their M855/SS109 bullet/ammo ban, one might assume he was leaving to save the Obama Administration any more embarrassment over this debacle. Obama is famous for throwing people under the bus at the first sign of trouble.
I doubt that they expected the level of response from Congress, gun rights groups, and especially the public that they received. A reported 310,000 plus letters, faxes, and emails were sent to BATFE in response to their "ATF Framework". The typical response is probably less than 10,000 comments to a proposed change and more than likely a lot less than that.
That said, while the M855 debacle may have played some role in the timing of the announcement, it my firm opinion that it isn't the reason Jones is leaving BATFE for the NFL. One does not just leave one job one day and find a senior level position paying a multi-million dollar salary the next. It doesn't happen that way. It takes months for something like that to come together.
From a New York Post article published on Sunday, it seems that the NFL has been pursuing Jones for quite some time. The NFL needed an investigative counsel to show the world that they are serious about cleaning up the league. Who better than a former Marine who had served as US Attorney in two different administrations and who was now running the agency that dealt with firearms given the problems that many of their players seem to have with guns. The fact that Jones is African-American and that approximately 68% of the league's players are also African-American added to his allure for them.
“Jones is going to be in charge of the NFL’s personal-conduct policy,” the source said.The article in the New York Post goes on to say that the BATFE job was "wearing" on Jones. I'm sure it was as he had never managed anything larger than a US Attorney's Office. As the US Attorney for Minnesota, all he had to deal with was the local media and his friends in the Department of Justice. He wasn't being subjected to intense scrutiny by the national media nor was he being hauled up to Capitol Hill on a regular basis. Moreover, Eric Holder wasn't going to have his back anymore given his announced departure.
His work will involve “determining the length of suspensions and handing out fines,” the source said, adding that the job will pay “several million a year.”
“The NFL courted Jones for a while. They went after him, and recently things started heating up. The deal came very fast,” the source said.
Jones was an ineffectual leader at BATFE. He didn't clean up the Project Gunwalker mess left behind by Kenneth Melson. The heads of the Phoenix-based operation, William Newell and George Gillett, are still at BATFE. William McMahon was allowed to double-dip before he left for a security job in the private sector. And that is just the tip of the problematic iceberg that was the BATFE run by Jones. Given all of that, is it any wonder that he is taking the money and running?
Saturday, March 21, 2015
I'm lying in bed watching one of the Saturday morning new shows and perusing Facebook on my iPad when I see a post by Miguel Gonzalez. Miggy has a post on the proper tools to kill a spider which is not, as he opines, the .45 ACP. It is a flamethrower.
Now WWII generation flamethrowers are getting harder and harder to find. Not only that, they are expensive. I see one currently on Gunbroker with an opening price of $11,900.
Fortunately, some enterprising young men are working on bringing the flamethrower to the masses. They are starting an IndieGoGo campaign which goes live on Monday. I've read elsewhere that the final purchase price should be in the $799 range.
So, unless you live in California where they are illegal (imagine that!), you, too, can be the owner of your very own XM42 flamethrower. Other than killing spiders and taking out ISIS/Russian/Nazi pillboxes, I'm not sure what you'd do with it but why not.
Friday, March 20, 2015
West Virginia Gov. Earl Ray Tomblin (D-WV) vetoed SB 347 this morning it was in the interest of public safety. SB 347 which passed both houses of the West Virginia legislature by overwhelming majorities. The bill would have made the state the fifth to adopt constitutional carry. While open carry is legal without a permit, concealed carry permits require mandated training and cost $105.
From Tomblin's press release:
“Throughout my career, I have strongly supported the Second Amendment, as demonstrated by my repeated endorsements and high grades from the National Rifle Association. However, I must also be responsive to the apprehension of law enforcement officers from across the state, who have concerns about the bill as it relates to the safety of their fellow officers. It also would eliminate the required gun safety training courses for those applying for a concealed carry permit. In light of these concerns and in the interest of public safety for all West Virginians, I have vetoed Senate Bill 347.”Another politician who had received high grades from the NRA at one time, Sen. Joe Manchin (D-WV), was already under fire for his opposition to SB 347 in which he said West Virginians believed in "gunsense". That is one of the code words popular with Shannon Watts and the Everytown Moms for Illegal Mayors. The Firearms Policy Coalition said that Manchin who claims to be a Life member of the NRA needs to be booted from the organization. As Sebastian noted today, he's not sure West Virginians much care for Manchin and we'll find out for sure in 2018.
The West Virginia Citizen's Defense League hasn't not commented publicly on the veto yet and are still considering their options. However, their Facebook page has a very active comment thread on it. It appears that a veto override will require a special session of the legislature.
Legislators on both sides of the aisle are indicating that they will vote in favor of the bill when it comes up again.
Del. Rupie Phillips (D-Logan, 24) supported the legislation in the House of Delegates and promised to do so again.Meanwhile, Del. Mike Folk (R-Berkeley, 63) has said the bill will come up again in the next session. He also dismissed the supposed concern that it would put law enforcement at risk.
“We spent a lot of time on this issue and I hate that we’re going to have to spend time again on it at the beginning of next year’s session,” Phillips said.
He dismissed claims that it would have put law enforcement officers at risk. “They assume (already) that every person is armed, so the safety issue is not a good argument,” Folk said.Given the overwhelming majorities in favor of the bill, 71-29 in the House and 30-4 in the Senate, I think it is a safe bet that when it comes up again, it will pass.
He is promising to bring the proposal up again during next year’s Regular Legislative Session.
“We’ll do it again next year and we’ll make sure we do it early enough that he can veto it next year and the same thing that happened with the pain capable bill will happen with this bill,” Folk said, referencing this year’s legislative override of Gov. Tomblin’s veto of the bill that would have banned abortions in West Virginia after 20 weeks.
Thursday, March 19, 2015
Massad Ayoob is one of the few who have actually handled and shot the new Glock 43. The official announcement is tomorrow but since the news embargo has been broken more and more stuff is coming out about it.
Mas has done a short YouTube video on the G43. One thing he really likes about the pistol is the trigger reach which he says is just right for the adult male hand. He also answered one question I had about it concerning magazines with a finger grip extension. They will be available.
As I said yesterday, I'm sure they will sell a gazillion billion of these little guns. I'm going to hold off judgment until I actually shoot one which should be next month at the NRA Annual Meeting. Glock is holding a media event on the afternoon before the meeting begins and I intend to be there.
Historian and blogger Clayton Cramer will be the featured speaker at an event co-sponsored by the CalGuns Foundation and the Firearms Policy Coalition on March 29th in Sacramento, California. He will be speaking on the racist roots of gun control. Other speakers include Second Amendment attorneys Don Kilmer, Bradley Benbrook, and Stephen Duvernay, CalGuns Foundation chairman Gene Hoffman, and Firearms Policy Coalition president Brandon Combs.
More info on the event is below. If you are in the Sacramento area on the 29th, this sounds like an interesting event. On a personal note, it is great to see Clayton doing a public event like this given his stroke about a year and a half ago. If you can't make the event, Clayton has put together a YouTube video on the topic including PowerPoint slides.
Wednesday, March 18, 2015
Glock is really pushing its pending announcement of their new G43 single stack 9mm pistol. They are planning a news conference on Friday at which they will presumably announce the new pistol.
Coming Soon GLOCK's all new hit single!! Register for #GLOCKLive and be the first to know http://bit.ly/1CsJFKc #GLOCK #Perfection #Confidence #hitsingleA photo posted by GLOCK Inc. (@glockinc) on
Not to steal their thunder but thanks to publishing schedules a picture has leaked out. In the digital world you have control as to when something hits the newsstands. However, in the analog print world, production and distribution of the magazine takes weeks and sometimes things hit the shelf ahead of the official announcement. It appears that in some places the latest issue of Recoil Magazine is now on the shelf. And in that issue is a feature write-up on the G43 which is seen below.
I had really expected them to wait until the NRA Annual Meeting to announce it as that was the impression I was given at the SHOT Show. I had also received an invitation to a press event on the Thursday before the NRA Annual Meeting from Glock which reinforced that impression. According to the Recoil article, it will debut in Nashville and start shipping after that.
In case you can't read the dimensions from the photo, the G43 is 3.39 inches tall, 6.26 inches long, and weights 1.12 pounds. A comparison of the relative thickness of the G43 can be seen in the middle of the page shown in the picture. To the left of the G43 is Glock's .380 ACP G42, while to the right of it is the double stack G26.
I noted on The Polite Society Podcast recorded on Sunday that Glock now has a lot of competition in the small single stack 9mm market from S&W, Springfield, Ruger, Kahr, Beretta, and a bunch of other companies. I think the competitive pressures of the market have forced Glock's hand on this. Even though there are many other worthy choices, Glock will still sell a bazillion of these G43s just because it is a Glock.
Monday, March 16, 2015
Given that I put the "pro" in procrastinate, waiting to submit my comment on the ATF Framework (and M855 ban) until the last day is par for the course. While I have submitted other comments using some of the comment generators, I really wanted to submit a fairly comprehensive comment as to why the ATF Framework was flawed. My comment is a mixture of original research along with some good research done by others.
The BATFE is accepting comments through the close of business today. While they have decided to punt a final decision until a later date and have suspended the ban on the M855 bullet for now, I thought it was important to get this on record. Below is my comment which I submitted by fax just a few minutes ago.
I do plan to send copies of this comment to Senators Burr and Tillis and to Rep. McHenry. I am pleased to note that all three signed the Congressional letters to the BATFE demanding an end to a potential ban on the M855 bullet and cartridge.
15 March 2015Denise BrownEnforcement Programs and ServicesOffice of Regulatory AffairsBureau of Alcohol, Tobacco, Firearms, and Explosives99 New York Ave. NEWashington, DC 20226By fax: 202-648-9741Dear Ms. Brown:I am writing in response to your solicitation of comments regarding the proposed ATF Framework for Determining Whether Certain Projectiles Are “Primarily Intended for Sporting Purposes” Within the Meaning of 18 USC 921(a)(17)(C). Specifically, your agency requested comments regarding how it best can implement the withdrawal of the exemption for M855/SS109 ammunition while minimizing disruption to the ammunition and firearm industry and maximizing officer safety.While I am pleased that your agency has decided to back down from this proposal to ban M855/SS109 ammunition for now, I would still like to make my opinion known in the event that your agency revives this proposal and framework.The ATF Framework states that M855/SS109 ammunition was previously “not classified as ‘armor piercing’ under the statute because there no handguns that could ‘use’ it.” (p. 6) This statement by ATF is erroneous. Prior to the passage of the LEOPA and the granting in 1986 of an exemption from classification as armor piercing to M855/SS109 projectiles, there was in fact a semi-automatic handgun that did fire the 5.56x45 cartridge. This was the Bushmaster Armpistol introduced by Gwinn Firearms Company in 1977. After the purchase of Gwinn Firearms Company by Bushmaster, it was continually made up through 1990. This pistol used standard M16/AR-15 magazines much like the more modern AR-15 pistols do today. Photos of the Bushmaster Armpistol may be seen on the Internet at http://www.biggerhammer.net/armpistol/variants.html.Furthermore, BATFE does not have any statutory authority to prohibit civilian distribution or possession of M855 cartridges under 18 USC 921(a)(17)(B) regardless of any “sporting purpose” determination made by the Attorney General under 18 USC 921(a)(17)(C). Nor does the BATFE have any statutory authority to prohibit civilian distribution of NATO STANAG 4172 specification cartridges (SS109) under under 18 USC 921(a)(17)(B). The statutory language of under 18 USC 921(a)(17)(B) defines armor piercing projectiles as follows:(B) The term “armor piercing ammunition” means—(i) a projectile or projectile core which may be used in a handgun and which is constructed entirely (excluding the presence of traces of other substances) from one or a combination of tungsten alloys, steel, iron, brass, bronze, beryllium copper, or depleted uranium; or(ii) a full jacketed projectile larger than .22 caliber designed and intended for use in a handgun and whose jacket has a weight of more than 25 percent of the total weight of the projectile.The projectile specified in M855 specification ammunition, US Army TACOM ARDEC Drawing 9342869, has a combined steel and lead core. 18 USC 921(a)(17(B)i specifies that the core must be constructed entirely of one of the specified substances. M855/SS109 projectiles fail this test.Continuing, 18 USC 921(a)(17)(B)ii states that the projectile must be “larger than .22 caliber designed and intended for use in a handgun”. Again, the M855/SS109 specification ammunition fails this test as a) the projectile is not larger than .22 caliber; b) MIL-C-63989C (AR), the US Army specification covering M855 cartridges does not mention handguns as a use for which the cartridge was intended; and c) the gas port pressures requirements established in Section 3.10.3 of MIL-C-63989C (AR) constructively exclude the “AR Type handguns” cited in the ATF Framework as an application for M855 cartridges.
The sporting purposes exemption given to M855/SS109 based cartridges in 1986 was made in error. They were not then nor are they now what can be classified as “armor piercing”. As such, no exemption for sporting purposes was even needed. I will leave it to the BATFE to determine the historical rationale for this superfluous action.
BATFE Director Jones in his recent Congressional testimony has expressed concern about the ability of any 5.56x45 bullet to penetrate soft body armor. Virtually all center-fire rifle cartridges used in hunting and target shooting will penetrate soft body armor which was only designed to stop pistol caliber bullets. 5.56 bullets and especially M855/SS109 bullets are no more amenable to misuse by criminals than any other rifle cartridge. I would ask that BATFE permanently retract their proposal to ban M855/SS109 based ammunition.
Finally, your intended framework for future determinations of “sporting use” regarding ammunition that can be used in handguns is flawed. Under Category II, the BATFE states that the presumption that a cartridge is “primarily intended for sporting uses” only applies to those cartridges for which the only handgun readily available is a single shot handgun (bolt or break-open). There currently exist revolvers readily available that chamber such cartridges as the .30 Carbine, the .30-30 Winchester, and the .45-70. These revolvers are large, heavy, can mount scopes, and are intended primarily for the sporting purpose of hunting and target shooting. To presume that a revolver weighing five pounds has anything other than a sporting purpose is, to be blunt, ridiculous.Thank you for consideration of my comments.Sincerely,
John P. Richardson
Friday, March 13, 2015
The quote of the day comes from Hershel Smith at The Captain's Journal. He reviewed the testimony of BATFE Director B. Todd Jones at the Senate Appropriations Committee yesterday. During his testimony, Jones said all 5.56 rounds were a threat to LEO safety as more people buy AR-15 pistols.
Bearing in mind that virtually all rifle cartridges have the speed and power to penetrate kevlar vests, Hershel had this warning for those in the shooting community who only shoot their Remington 700s or Winchester Model 70s during the opening day of deer season and don't want anything to do with those tacticool rifles and the people that shoot them.
Here’s a warning flag to all the Elmer Fudds out there who only care about your bolt action hunting rifles, and think this stuff about AR-15s is all just a bunch of made up theater to bother pampered folk like you. They want your rifles and ammunition too. You do understand that, don’t you?
One need only look across the pond to our British cousins to what can happen. First it was the fox hunters who got thrown under the bus. Then it was the pistol shooters post-Dunblane. Too many people said it was only the rich that can ride to the hounds and too many people said what do pistols have to do with shooting grouse and pheasants.
It is like that hit song from 1970 - United We Stand - from the British pop group Brotherhood of Man: United we stand, divided we fall. Our opponents know that and we should always remember it.
Thursday, March 12, 2015
Wednesday, March 11, 2015
I was looking to see what the reaction of the gun prohibitionists was to BATFE's decision to postpone any immediate decision on M855 and their proposed framework. After checking the Brady Campaign's website and finding nothing, I came to the conclusion that I'd have to start slumming it. Yes, I went to the Facebook page of the Coalition to Stop Gun Violence (sic).
I knew I'd find off the wall comments there and I wasn't disappointed. However, these comments came from CSGV and not one of their followers who project their own violent tendencies upon us.
When asked why we "prize" green tip bullets, the answer was not because they are cheap or because they are accurate. The official answer was, not unexpectedly, "because of insurrectionism." And in response to another person who asks why citizens need "armor piercing" bullets, the official answer is to kill law enforcement officers and military service members when we sense "tyranny".
When I read these answers to the Complementary Spouse, she just looked at me like I was insane and then said, "Are they really that stupid?"
I'm not sure if Ladd is that stupid but I'm sure he would have made a good commissar if he had grown up in Stalin's USSR. He certainly is good at spouting the party line no matter how ridiculous it sounds.
Following on the heels of the letter sent by House members to the BATFE came one from Sen. Chuck Grassley (R-IA), chairman of the Senate Judiciary Committee, and signed by 52 other senators.
You can read the letter here.
I was pleased to see that both Sen. Richard Burr (R-NC) and Sen. Thom Tills (R-NC) were among the signatories of this letter. I'm batting three for three as my Congressman, Rep. Patrick McHenry (R-NC-10) had signed on to the House letter.
As Sen. Grassley noted in another press release, every senator was invited to sign on to his letter to the BATFE. It was signed by 53 out of 54 Republicans and zero out of 46 Democrats. The lone Republican refusing to sign the letter was, as might be expected, Sen. Mark Kirk (R-IL). That the few supposed Second Amendment supporters on the Democrat side of the aisle did not sign is, in my opinion, shameful.
Here are the 52 Senators besides Sen. Grassley that signed the letter:
Senators joining Grassley on the letter include Mike Rounds (R-S.D.); John Thune (R-S.D.); Cory Gardner (R-Colo.); Tom Cotton (R-Ark.); John Hoeven (R-N.D.); Joni Ernst (R-Iowa); David Vitter (R-La); Michael Crapo (R-Idaho); Jerry Moran (R-Kan.); David Perdue (R-Ga.); James Risch (R-Idaho); John Isakson (R-Ga.); Steve Daines (R-Mont.); Dean Heller (R-Nev.); Jim Inhofe (R-Okla.); Richard Burr (R-N.C.); Roy Blunt (R-Mo.); Lindsey Graham (R-S.C.); Bill Cassidy (R-La.); John Boozman (R-Ark.); Mike Enzi (R-Wyo.); Ted Cruz (R-Texas); Thom Tillis (R-N.C.); Orrin Hatch (R-Utah); Jeff Sessions (R-Ala.); James Lankford (R-Okla.); Richard Shelby (R-Ala.); Deb Fischer (R-Neb.); Thad Cochran (R-Miss.); Shelley Capito (R-W. Va.); Pat Roberts (R-Kan.); Pat Toomey (R-Pa.); Lisa Murkowski (R-Alaska); John Cornyn (R-Texas); Ron Johnson (R-Wis.); Michael Lee (R-Utah); John Barrasso (R-Wyo.); Marco Rubio (R- Fla.); Jeff Flake (R-Ariz.); Dan Coats (R-Ind.); Bob Corker (R-Tenn.); Tim Scott (R-S.C.); Kelly Ayotte (R-N.H.); Ben Sasse (R-Neb.); Roger Wicker (R-Miss.); Mitch McConnell (R-Ky.); Lamar Alexander (R-Tenn.); Rand Paul (R-Ky.); John McCain (R-Ariz.); Rob Portman (R-Ohio); Dan Sullivan (R-Alaska); and Susan Collins (R-Maine).If your senator is on this list, I have a suggestion. Send them a nice thank you email. It is something people rarely do and it will help reinforce their good behavior. You can find your senator's contact info here.
Tuesday, March 10, 2015
It should be noted that it was not just the NRA that opposed the BATFE proposed framework and the ban on M855 5.56 bullets. There were a lot of gun rights organizations involved. I will say what I think really got BATFE's attention were the letters from the chairmen of the House and Senate Judiciary Committees signed by a majority of the members of both houses of Congress. For that, I do give the NRA-ILA a lot of credit because I'm sure they had a lot to do with it.
From the NSSF:
ATF announced today that it will not move forward with its proposed framework to ban commonplace 5.56 M855 "green tip" ammunition at this time while it reviews the record number (more than 80,000) comments it has received so far. ATF will continue to accept comments through March 16. NSSF, as the trade association for the firearms industry, looks forward to engaging in a dialogue with ATF to address this issue that led to the now withdrawn proposal. Our industry members hope to meet consumer demand in bringing alternative ammunition products to the market and to continue to sell the popular M855 rifle target ammunition. NSSF continues to strongly urge ATF to grant 32 long-pending petitions to exempt alternative rifle ammunition designed and intended for the hunting market.
From Gun Owners of America:
In a stunning new development, the ATF has announced today that it will “formally delay” the implementation of its ammo ban, in the face of 80,000 comments which were overwhelmingly negative.Last month, Obama’s ATF had proposed a rule to effectively ban AR-15's by banning the common AR-15 “green tip” ammunition.Supposedly, gun owners had until March 16 to send comments to ATF. But then, lo and behold, the AR-15 ammunition in question turned up (last week) on an ATF list of ammunition indicating that it had ALREADY BEEN BANNED. Oops!The ATF claimed this was a “publishing error.” But the only “error” the lying agency made was to telegraph its firm intention before the comment period was closed. It was like the bizarre world of Lewis Carroll’s Alice in Wonderland: First the sentence; then the trial.ATF cries “uncle” after getting hammered from the publicThe agency is now crying “uncle,” in the face of thousands upon thousands of negative comments from gun owners all around the country -- including more than 200 congressmen.The agency said today:Although ATF endeavored to create a proposal that reflected a good faith interpretation of the law and balanced the interests of law enforcement, industry, and sportsmen, the vast majority of the comments received to date are critical of the framework, and include issues that deserve further study.A “good faith interpretation”? Well, that’s laughable. But realize the agency says the issue deserves “further study.”So now the question becomes: Is this a genuine retreat, or just a “tactical retreat,” as we saw with Operation Choke Point? In that case, the federal government removed gun dealers from its “risky business list,” but continue to persecute them under that program on a case-by-case basis.And, finally, what about the ban on Russian-made 7N6 ammo, which is not reversed by ATF's reversal?Our answer to both of these questions is that we need to keep up the pressure -- and not trust ATF's purported “change of heart.”GOA will keep watching the ATF and alert you to any future attempts to slip a ban by the American people. Your grassroots efforts have been phenomenal!!!
From the Second Amendment Foundation:
BELLEVUE, WA – While overwhelming public pressure has suddenly caused the Bureau of Alcohol, Tobacco, Firearms and Explosives to postpone action on a proposed ban on M855 ammunition for modern sport-utility rifles, the Second Amendment Foundation said the battle is not over in defense of firearms rights.
SAF founder and Executive Vice President Alan Gottlieb, who launched a television and radio campaign Monday to derail the proposal, was gratified to learn from an ATF statement that more than 80,000 comments had been received from the public.
“We are delighted to have been a part of the effort to stop this proposal in its tracks,” Gottlieb said. “The grassroots responded to a serious threat, and the negative reaction on Capitol Hill from both the House and Senate – no doubt spurred by constituent calls and letters – have, at least for now, put the brakes on a bad idea.
“However,” he continued, “we are encouraging the nation’s gun owners to remain vigilant. Our initial radio and television advertisements will run through this week, reminding grassroots activists that the Obama administration is not likely to abandon its gun control efforts. Frankly, this may just be the end of Round One.”
SAF general counsel Miko Tempski sent a letter threatening legal action, which for sure had an impact, to ATF Director B. Todd Jones.
“This is a great victory but the battle is not over,” Gottlieb cautioned. “The Obama administration will try to rework this ban proposal and we will see it back sooner than later. Now is the time to double our efforts and drive a permanent stake through the heart of any ammo ban.”
From the Firearms Policy Coalition:
March 10, 2015 (WASHINGTON, D.C.) — In the face of overwhelming public opposition, the Obama Administration is running away from yet another gun control scheme. The Bureau of Alcohol, Tobacco, Firearms and Explosives had proposed regulations that would have banned M855 5.56×45 ammunition as “armor piercing.”
But the Bureau published a tweet this morning saying, “You spoke, we listened.”
Second Amendment gun rights advocates are hailing the move, calling it a victory for common sense and the Constitution.
“Millions of law-abiding American gun owners won today,” said Brandon Combs, president of the Firearms Policy Coalition. “Freedom ultimately prevailed in our fight with the ATF because the Constitution, the truth, and the law are on our side.”
In a public notice also published on its website today, the federal agency said that it had already received “more than 80,000 comments” opposing the framework that would ban the ammunition commonly used by shooters in AR-15 platform modern sporting rifles, and that “ATF will not at this time seek to issue a final framework.”
However, gun rights leaders are careful to note that the ATF can easily reverse course again, prompting calls for gun owners across the nation to continue sending ATF comments in opposition to the ammunition regulations.
The ATF’s notice indicated that the Obama Administration might look to propose other, similar ammunition regulations, possibly “through additional proposals and opportunities for comment.”
“While we’re pleased to see that the Obama Administration and ATF listened to the American people for once, it’s clear to us that this fight isn’t over,” Combs warned. “Gun owners must continue to be vigilant in their defense of the fundamental, individual right to keep and bear arms.”
“As the M855 ammo ban debacle proved, the federal government will run over Second Amendment rights any chance it gets. We can’t take our eye off the ball for one second.”
Firearms Policy Coalition noted the strong coalition effort to stop the M855 ammunition regulations, especially through other gun rights groups like the National Rifle Association, the National Shooting Sports Foundation, and the Second Amendment Foundation.
“Today’s positive outcome shows what we as a culture can do when we combine forces and work together,” explained Combs. “I look forward to many more opportunities to show the gun prohibitionists what real grassroots looks like.”
Over 32,000 letters were sent to the ATF through Firearms Policy Coalition’s Take Action activism platform at ammoban.org and stopATF.org, which will continue to allow people to submit public comment letters to the agency.
UPDATE: While not a gun rights organization, Sen. Chuck Grassley (R-IA) is on our side. Here is his response to the BATFE announcement.
WASHINGTON – One day after Senator Chuck Grassley of Iowa, Chairman of the Senate Judiciary Committee, led 52 Republican colleagues in condemning a proposal limiting access to rifle ammunition, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) today announced it would not finalize the plan. All senators were invited to join the letter.I thank the senator and those senators that signed his letter to BATFE Dir. B. Todd Jones. My question is why supposed Second Amendment supporters such as Sen. Joe Manchin (D-WV), Sen. Heidi Heitkamp (D-ND), and Sen. Jon Tester (D-MT) did not sign the letter. There were Democrats in the House that signed Rep. Bob Goodlatte's letter.
“I’m pleased to see that the ATF has now decided to abide by congressional intent of the law, and its exemption protecting the rights of law-abiding gun owners. ATF’s original proposal to short-circuit the exemption and limit access to rifle ammunition was an affront to the Second Amendment to the Constitution, and it was met with stiff rebuke. I will continue to stand up for the rights of law-abiding Americans and the constitutional protections they are guaranteed,” Grassley said.
The ATF proposal was inconsistent with a 1986 Law Enforcement Officer Protection Act exemption protecting the ammunition primarily used for sporting purposes, such as hunting and target shooting.
Aaron has posted his monthly compendium of contests with guns and other stuff as prizes.
In the handgun category, you find one each of a Glock 34, 35, and 42. There is the CZ Evo Scorpion and a nice custom 1911 among a few other handguns.
The rifle category has a slew of ARs plus an Accuracy Internation AW Sniper Rifle. I'm sure the gun prohibitionists will try to make something out of that. The only shotgun is a Browning Citori.
Finally, in the accessories category, you'll find everything from a SilencerCo Salvo suppressor to a Chevy pickup truck.
If you come across any other contests giving away guns, let Aaron know on his webpage.
It seems the Everytown Moms for Illegal Mayors has been running an advertisement that seeks to blur the lines and confuse the issue about campus carry in Florida. They are touting their initiative as "Backpacks, Not Bullets". By blurring the lines, Everytown would have you believe that 20 or 30-something PhD student is the same as a 5-year old kid in kindergarten and both should be treated the same.
This is their ad.
Everytown is very slick using Wayne LaPierre's words about firearms in K-12 schools as if he was talking about FSU or the University of Florida instead.
Here is what Florida Carry has to say about it. They point out the obvious and explain what the two bills in question would do. They also note that an armed home invasion took place on the University of North Florida's campus this past weekend.
TALLAHASSEE, FL, March 10, 2015 -- A new anti-gun advertisement produced by former New York City Mayor Michael Bloomberg's astroturf propaganda efforts, Everytown for Gun Safety and Moms Demand Action for Gun Sense in America. Bloomberg's attempt to sell Floridians magical elixirs to keep them safe amounts to little more than wishful thinking, wild imagination and frankly, snake oil.
Rather than addressing the realities of today's on and off campus life, the release instead touts a new initiative - "Backpacks, Not Bullets". It goes on to list the five bills dealing with school carry. Two of the bills deal with college/university campuses, and appear to be the focus of the Bloomberg release. Yet by combining the two disparate topics, the ad attempts to confuse viewers into seeing one issue - kids and guns together. That's right, according to Everytown/MDA, a 25 or 30 year old grad student is no different than a five year old who has just mastered the shoelace!
FACT: Adults are NOT kids. Colleges and universities are NOT elementary schools. HB 4005 and SB 176 would simply remove colleges and universities from the prohibited places list for licensed adult carriers, who can legally carry practically everywhere else in the state, and who do so with more responsibility than even law enforcement according to state government data. Licensees are prohibited by law from being able to protect themselves, yet the criminals who commit violent crimes on campus don't seem to mind the fact that carry without a license is a felony.
FACT: Colleges and universities are not as safe as one might think. According to the US Department of Education, 392 violent crimes (homicide, aggravated assault, forcible sexual assault, robbery, and arson) occurred on Florida campuses and in on-campus housing in 2013. Almost 400 felons didn't care that what they did was illegal, and almost 400 victims were denied the potential of avoiding or stopping that crime. And this doesn't count what happens in off-campus university housing, frat houses, or in the neighborhoods immediately surrounding campuses in the state. What does Everytown/MDA say about the safety and security of those "children"?
Just this weekend an armed home invasion attack took place in campus housing at the University of North Florida. The armed attacker was out on bail when the attack occurred. Despite being too young to have a concealed carry license, despite being prohibited from possessing guns pending trial, and despite the campus gun ban... The only people who followed the law were the only people who didn't have a chance to defend themselves.
This isn't about allowing guns on campus. Guns are already ON CAMPUS, in the hands of those who don't care about laws or victims.
The NRA-ILA released this statement in response to the announcement from the BATFE that they will not be seeking a final framework at this time.
Fairfax, Va. – The National Rifle Association (NRA) was instrumental in stalling the Obama Administration’s initial attempt to ban commonly used ammunition for the most popular rifle in America, the AR-15. The announcement that the Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE) will suspend its proposed framework to ban M855 ammunition validates the NRA’s assertion that this effort was nothing more than a political maneuver to bypass Congress and impose gun control on the American people.
"Today’s announcement proves what we have said all along -- this was 100% political. President Obama failed to pass gun control through Congress, so he tried to impose his political agenda through executive fiat. But every gun owner in America needs to understand Barack Obama’s hatred of the Second Amendment has not changed," said Wayne La Pierre, Executive Vice President of the National Rifle Association.
Chris Cox, Executive Director of NRA-ILA criticized the dishonest campaign to ban this common ammunition: “The lies used to justify the ban were shameful. This proposal was never about law enforcement safety - it was about the Obama Administration’s desire to pander to billionaire Michael Bloomberg and his gun control groups. Since they haven’t been able to ban America’s most popular rifle, they are trying to ban the ammunition instead.”
Since the BATFE announced its plan to ban commonly used ammunition less than a month ago, the NRA rallied its five million members and tens of millions of supporters across the country in strong opposition. In addition, the NRA worked with congressional leaders in both the U.S. House and Senate to oppose this misguided proposal.
“The NRA would like to thank House Judiciary Committee Chairman Bob Goodlatte, Senate Judiciary Committee Chairman Chuck Grassley and House Commerce, Justice, Science Appropriations Subcommittee Chairman John Culberson for leading the fight against this unconstitutional attack on our Second Amendment freedoms,” continued Cox. “This was a significant victory for our five million members and tens of millions of supporters across the country.
“Make no mistake, this fight is not over. We will remain vigilant and continue to fight against President Obama’s attempt to dismantle the Second Amendment,” concluded LaPierre.
The Bureau of Alcohol, Tobacco, Firearms, and Explosives has felt the heat. According to the press release below which was released less than an hour ago, they have already received over 80,000 comments and they will not be seeking to release a final framework at this time.
NOTICE TO THOSE COMMENTING ON THE ARMOR PIERCING AMMUNITION EXEMPTION FRAMEWORK
Thank you for your interest in ATF's proposed framework for determining whether certain projectiles are “primarily intended for sporting purposes” within the meaning of 18 U.S.C. 921(a)(17)(C). The informal comment period will close on Monday, March 16, 2015. ATF has already received more than 80,000 comments, which will be made publicly available as soon as practicable.
Although ATF endeavored to create a proposal that reflected a good faith interpretation of the law and balanced the interests of law enforcement, industry, and sportsmen, the vast majority of the comments received to date are critical of the framework, and include issues that deserve further study. Accordingly, ATF will not at this time seek to issue a final framework. After the close of the comment period, ATF will process the comments received, further evaluate the issues raised therein, and provide additional open and transparent process (for example, through additional proposals and opportunities for comment) before proceeding with any framework.
Comments will still be accepted up to March 16, 2015 and I would continue to urge everyone to submit comments.
Their tweet announcing the press release is below:
You spoke, we listened. @ATFHQ plans more study on the proposed AP Ammo exemption framework. See more http://t.co/SmRKMYvw7J
— ATF HQ (@ATFHQ) March 10, 2015
UPDATE: Paul Bedard at the Washington Examiner on the BATFE's change of heart.
UPDATE II: While there is nothing on ABC, NBC, or CBS, The Hill is covering it. They caught the line in the release above about not issuing a final framework "at this time".
Monday, March 9, 2015
Baltimore City Schools are the ultimate gun-free zones. Not even the cops are allowed to have firearms!
Baltimore City Schools are (somewhat) protected by the Baltimore City School Police. This agency consists of 141 sworn and armed officers. It is the only police agency in the state of Maryland dedicated to protecting a school district. They are also the only cops not allowed to be armed inside the schools while students are present. Somehow the logic of this escapes me.
According to the Baltimore Sun, the city's delegation to the Maryland legislature had introduced bills in the Maryland House of Delegates and Senate to allow the school police to carry within the schools. This was done at the urging of the school board. It also had the support of a majority of members of both the police and teachers union.
However, these bills were tabled because the delegation couldn't come to a consensus on arming the cops. It seems some parents wanted their kids to be even larger targets for murderous psychopaths and there were delegates that agreed with them.
Others contended that weapons would make students feel like criminals in a city where many need a reprieve from the presence of guns.Why do I have the feeling that if any harm came to these school children as a result of psychopath that Ms. Harmon-Darrow would be the first to cry out that the schools didn't do enough to protect her children.
Parents and state lawmakers said they believed the issue needed to be explored and vetted further.
Aimee Harmon-Darrow, a city school parent, helped launch a petition calling for the withdrawal of the legislation until it was publicly debated. The petition had more than 1,740 signatures Friday.
Harmon-Darrow said the legislation was a "catalyst to a dialogue that needs to happen in Baltimore City regarding the role of school police, discipline policies and overall school climate issues."
"I hope the school board recognizes the need for this discussion and engages parents in an open dialogue."
Research done by Dr. Eric Dietz at the Purdue Homeland Security Institute shows that an armed school resource officer cuts casualties by two-thirds in an active shooter situation. However in a case like this, "feelings" trump reason, logic, and scientific evidence.
I just feel sorry for the majority of the parents of school children in Baltimore that their kids are at a greater risk because some politicians would rather listen to blithering idiots than to them. They should remember these politicians come 2016.
Sunday, March 8, 2015
FoxNews picked up a story out of Louisville, KY about the resurgence of rye whiskey. With bourbon booming, I guess it was only natural that rye eventually would pick up again. Given that rye was probably America's first whiskey and that George Washington was the country's largest distiller of rye after he left the presidency, I'm glad to see it.
Woodford Reserve rye is the one shown here in the story. I will admit to not having tried it. I have a bottle of Michter's and a bottle of Wild Turkey rye in my liquor cabinet. And for some reason, I think I have a bottle of Bulleit hanging around as well which might be a sign that I have too many bottles of bourbon and rye.
I like both bourbon and rye Manhattans. However, there is nothing like rye if you want to make a Sazerac. According to the story, mixologists (aka bartenders) actually prefer rye in their creations as it is spicier and less sweet.
If you have a favorite rye, let me know in the comments and I may have to try it.
WDRB 41 Louisville News
Friday, March 6, 2015
It is always nicer to be where you are appreciated. So it is with Magpul and their relocation of their production facilities from Erie, Colorado to Cheyenne, Wyoming. I'm sure the people in Erie appreciated Magpul and the jobs that they provided. However, the then-powers that be in the Colorado legislature didn't nor did Gov. John Hickenlooper when they passed their restrictions on standard capacity magazines.
With their move a mere 80 miles north on Interstate 25, Magpul is in a city and a state that not only appreciates their jobs but their product. This is very evident in the news report from Cheyenne's CBS 5 News Channel.
Normally I would call something like this the quote of the day. However, it is so deliciously snarky that it deserves to be the quote of the week.
You may have heard that some of the gun prohibitionist big-wigs gathered in Washington this week for the introduction of a new universal background check bill that is destined to go nowhere. This included former Congresswoman Gabby Gifford (D-AZ).
A.W.R Hawkins of Breitbart pointed out the obvious when he wrote:
On Wednesday, gun control advocate Gabby Giffords stood with Democratic lawmakers on Capitol Hill to demand that everyone buying a gun be required to undergo the same background check Jared Loughner underwent to acquire the Glock he used to shoot her in 2011.That's correct. All of the above "mass shooters" used legally purchased firearms that included a NICS background check. I would add in the Newtown shooting as the killer's mother actually passed a background check when she purchased her firearms.
Yes, Loughner acquired his firearm via a background check, as did Jerad and Amanda Miller (Las Vegas), Elliot Rodger (Santa Barbara), Ivan Lopez (Fort Hood 2014), Darion Marcus Aguilar (Maryland mall), Karl Halverson Pierson (Arapahoe High School), Paul Ciancia (LAX), Aaron Alexis (DC Navy Yard), James Holmes (Aurora theater), Nidal Hasan (Fort Hood 2009), among others.
Of course, this has Slate.com's panties in a wad. On the same page that they have an article about the latest research on penis size and another about how bureaucracy is a force for good, writer Alec MacGillis is all horrified that the NRA actually retweeted a link to the Breitbart article. He considers it a personal swipe at the sainted Gabby. He's the same writer that thinks St. Louis, Missouri would be better off in Illinois because Illinois gun laws would cut crime in the city. Even though he said it should be called West East St. Louis, it is obvious to me that that he's never been to the actual East St. Louis. If he had, his lily-white ass would be grass.
Thursday, March 5, 2015
The beauty of the Internet is that it allows you to stumble across stuff you'd never expect to find. Tonight, after reading a post on Miguel's blog, I went looking for a site that had flags of the world. While there, I came across a section labeled "historical flags".
And this is what I found.
You're probably thinking, OK, it's just another one of those "join or die" flags that are a take-off on the Benjamin Franklin cartoon. Ah, not so fast.
It is not just a "join or die" flag, it is the Richardson's Join or Die Flag! How cool is that.
The flag was shown in Edward Richardson's book Standards and Colors of the American Revolution and that is where it derives its name. Now the question is do I want to spend $65 or so for this flag. I think I'll ponder on that one for a while.
Wednesday, March 4, 2015
The Ninth Circuit Court of Appeals ruled today that the City of Sunnyvale, California was within its rights to ban magazines with greater than 10-round capacity. The case, Fyock v. Sunnyvale, was an appeal by the plaintiffs from the US District Court for the Northern District of California. The three judges on the case - Michael Daly Hawkins, Johnnie B. Rawlinson, and District Court Judge Barbara M. G. Lynn - were all appointed by President Bill Clinton.
From the case summary:
The panel affirmed the district court’s denial of a request to preliminarily enjoin an ordinance enacted by the City of Sunnyvale, California, restricting the possession of “large capacity magazines” statutorily defined as a detachable ammunition feeding device capable of accepting more than ten rounds.The Sunnyvale ban was not merely a ban on sale but a ban on possession of standard capacity magazines.
The panel held that the district court applied the appropriate legal principles and did not clearly err in finding, based on the record before it, that a regulation restricting possession of certain types of magazines burdened conduct falling within the scope of the Second Amendment. The panel further agreed with the district court that intermediate scrutiny was appropriate. The panel held that Sunnyvale’s interests in promoting public safety and reducing violent crime were substantial and important government interests. So, too, were Sunnyvale’s interests in reducing the harm and lethality of gun injuries in general, and in particular as against law enforcement officers. The panel held that the evidence identified by the district court was precisely the type of evidence that Sunnyvale was permitted to rely upon to substantiate its interest. The panel concluded that the district court did not abuse its discretion in determining, on the record before it, that Sunnyvale presented sufficient evidence to show that the ordinance was likely to survive intermediate scrutiny and that plaintiffs failed to demonstrate that they would likely succeed on the merits of their claim.
Amicus briefs on the plaintiffs' behalf included briefs from the NSSF, the California Rifle & Pistol Association, the Pink Pistols, and the Gun Owners of California.
Those supporting Sunnyvale included the usual coterie of gun prohibitionists including the Brady Center, Everytown Moms for Illegal Mayors, the Law Center to Prevent Gun Violence (sic) (formerly LCAV), and the Cities of LA and San Francisco.
238 Congressman have signed the letter from Rep. Bob Goodlatte (R-VA) opposing the BATFE's ammunition framework and proposed ban on SS109/M855 5.56x45 62-grain ammunition. According to the press release from the NRA-ILA, they worked with Rep. Goodlatte on securing support for the letter and will be working with Senate Judiciary Committee Chair Chuck Grassley (R-IA) on a similar letter from the Senate.
Fairfax, Va. – In an overwhelming show of bipartisan opposition, 238 Members of the U.S. House of Representatives have signed a letter to the director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, opposing the Obama Administration’s attempt to ban commonly used ammunition for the most popular rifle in America, the AR-15. The National Rifle Association worked closely with House Judiciary Committee Chairman Bob Goodlatte (R-Va.) to gather signatures on this critical effort.I had been wondering just who had signed the letter and if my Congressman was one of the signatories. After going through the list, I find both my former and current Congressmen have signed on to the letter. Ten out of the 13 North Carolina Representatives have signed the letter which pleases me.
“This letter sends a clear message to President Obama that Congress opposes his attempt to use his pen and phone to thwart the will of the American people,” said Chris W. Cox, executive director of the NRA’s Institute for Legislative Action. “Obama said he would enact his gun control agenda ‘with or without Congress.’ He is now trying to make good on that promise. The NRA would like to thank Chairman Goodlatte and all who signed the letter for opposing this unconstitutional attack on our Second Amendment freedom.”
The NRA is working with Senator Chuck Grassley (R-Iowa) on a similar letter of opposition from the U.S. Senate.
To view the letter, along with the Member signatures, click here.
To see whether your Representative is on the list signing the letter, either use the link above or view them in the pictures below. If your Representative did not sign on to this list, I'd be asking them why not. I do notice that the gun control industry's favorite House Republican Peter King (R-NY) is conspicuously absent.
Monday, March 2, 2015
The Justice Department had requested a 60-day stay in Mance v. Holder. They had requested the stay while they decided whether or not to appeal the case.
This is the case that overturned that part of the Gun Control Act of 1968 that banned the purchase and immediate transfer of handguns by FFLs to out of state purchasers. Today, Judge Reed O'Connor denied the government's request for a stay.
From CCRKBA's release:
FEDERAL JUDGE DENIES STAY REQUEST IN GUN TRANSFER CASE
Monday, March 2nd, 2015
BELLEVUE, WA – A federal court in Texas has denied a government motion for a 60-day stay in a case involving interstate handgun transfers in which the judge applied strict scrutiny to determine whether a ban on such transfers meets constitutional muster.
The case, known as Mance v. Holder, was filed by the Citizens Committee for the Right to Keep and Bear Arms, and is financially supported by the Second Amendment Foundation. It involves plaintiffs residing in Texas and the District of Columbia, and the ruling last month by U.S. District Judge Reed O’Connor of the Northern District of Texas, Fort Worth Division, found that “the federal interstate handgun transfer ban is unconstitutional on its face.”
The government had asked for a 60-day stay in order to decide whether to file an appeal. But Judge O’Connor ruled today that a stay is not warranted because the government could offer no other reasons for its request other than the court’s “inherent authority to manage its docket.”
“We’re delighted that Judge O’Connor is not going to simply allow the government to stall this ruling,” said CCRKBA Chairman Alan Gottlieb. “This case could have significant ramifications nationwide, and allowing a two-month stay while the government essentially claims it will be thinking about whether to appeal obviously was not warranted.”
CCRKBA and the individual plaintiffs are represented by Virginia attorney Alan Gura and Texas attorney William B. “Bill” Mateja of Fish & Richardson in Dallas.