Category Archives: Gun Rights

No, the ATF Cannot Legally Regulate “Ghost Guns”

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Political observers expect the Washington Post and the New York Times to carry water for Joe Biden’s Department of Justice gun control agenda. It’s surprising when the conservative National Review seemingly bends over backwards to defend the weaponized agency in a poorly researched and written piece.

On August 9, National Review published an item with the confident title “Yes, the ATF Can Legally Regulate Ghost Guns.” The ill-informed piece was written by a summer intern. If it was an unpaid internship, the publication got every penny’s worth.

NRA-ILA
August 21, 2023
National Review Wrong on ATF Frame or Receiver Rule

Words matter. And when those words are legislative law they matter even more. The ATF, and this summer intern, are ignoring and/or deliberately misreading the word of law.

Ignoring the word of law and/or deliberately misreading by politicians and judges should be a punishable offense. And in some cases it is. But of course, that law is there just to make us think we have some protection against those who use the power of government to deny us our rights. That’s not reality. The reality is, that ultimately, you have to defend your own rights. That is why we have the 2nd Amendment.

Talk Like a Person With a Small Penis

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You talk like a person with small penis

Jeff the Patriot @Jeffery71886446
Tweeted on July 19, 2022

It’s not only another Markley’s Law Monday, it is another science denier!

From the conversation thread it appears this is, again, an anti-gun person who is innumerate. When the numbers and facts a shown to them they are completely overwhelmed and have no recourse except to fling childish insults at the person who understands math..

Facts are Being Manipulated

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Tracking crime statistics – and more importantly, whether or not crime is rising or falling in the United States – is getting harder to do. That’s because nearly a third of America’s cities are no longer reporting crime statistics to the FBI.

This is more than just a problem for policymakers looking for data to address the cities most in need of assistance. It also means that some policymakers are demanding bad policy because they’re relying on incomplete data.

The Marshall Project reported that 31 percent of the 18,000 law enforcement agencies across the U.S. failed to report crime data to the FBI’s national database after transitioning to a new data collection system, according to the latest statistics from the FBI. That’s a slight improvement from 2021, when 40 percent of law enforcement agencies didn’t report crime data. Still, it’s a glaring blind spot, especially when that data is missing from some of the largest metro areas dealing with rampant, out-of-control crime.

Many of those cities also happen to be led by the loudest voices calling for gun control, defunding police and soft-on-crime policies. The trifecta means that gun control politicians are missing a third of the crime picture yet demanding 100 percent of the gun control. Typical behavior for zealots who favor government control over individual freedom.

Salam Fatohi
August 10, 2023
AMERICA HAS A CRIME REPORTING PROBLEM

This is concerning. Facts, such as these statistics, are important to us. They are probably not as important as the constitutional protections but they are important. They are unimportant to the antifreedom people unless the facts are in their favor. By failing to report the facts in the cities with the most gun control they can use them to their advantage.

Since the facts are being manipulated, we can hammer them with the fact they are manipulating the facts. Also, it may be we need to rely less on the facts and just hammer them with the legal protections of firearms owners.

Dark Days for Antis’

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When I first was getting involved with the gun rights issue (early 1970s), as I recall gun sales were about 3 million a year. Today it’s over 12 million. The antis’ time has passed.

David Hardy
August 4, 2023
Hurrah! Gun sales over a million a month!

I’m not sure their time has passed. But they certainly know there are dark days in their future.

We have to win the culture war as well as the legal war. Then we can win the political war. Gun sales and gun ownership rates will win us the culture war.

Flawed Logic and Contempt

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The flawed logic of this unconstitutional law is second only to the contempt for which the authors and Gov. Pritzker hold for the constitutionally protected right of the citizens of his state to keep and bear arms.

Lawrence G. Keane
NSSF Senior Vice President
August 16, 2023
Gun Organization Sues Illinois Over New Firearm Restrictions

I’m not sure. I could see the contempt ranking higher.

In other news, August is National Shooting Sports Month.

Infringement of First and Second Amendment

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Illinois Gov. J.B. Pritzker has signed a law banning firearms advertising that officials determine produces a public safety threat or appeals to children, militants or others who might later use the weapons illegally — opening the door for lawsuits against firearms manufacturers or distributors.

Pritzker on Saturday signed the Firearm Industry Responsibility Act, making Illinois the eighth state to approve legislation that rolls back legal protections for firearms manufacturers or distributors.

Associated Press
August 14, 2023
Illinois Gov. JB Pritzker signs law banning firearm advertisements that appeal to children

This law goes much further than the news articles publish. It punishes any

…person, firm, corporation, company, partnership, society, joint stock company, or any other entity or association engaged in the design, manufacture, distribution, importation, marketing, wholesale, or retail sale of firearm-related products, including sales by mail, telephone, or Internet or in-person sales.

who

offers brand name merchandise for minors, including, but not limited to, clothing, toys, games, or stuffed animals, that promotes a firearm industry member or firearm-related product

So… a graphic artist working for Smith & Wesson could go to jail for offering a t-shirt with a Smith & Wesson logo to the 17-year old next door neighbor.

These criminals are trying to step around the PLCCA by infringing upon the First Amendment to infringe upon the Second Amendment.

I hope they enjoy their trials.

Shrinkage by Three Sizes

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Awe, is your dick going to shrink three sizes if they ban your preciouses?

Steve O’Malley @IrishHangover
Tweeted on July 7, 2023

It’s not only another Markley’s Law Monday, it is another science denier!

O’Malley must not be sharing the same reality with the rest of us. In my reality there are no standardized sizes for penises. That his reality is so obsessed with them explains why he thinks firearms are somehow related.

Mandated Freedom of Speech Training

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A Texas District Judge ordered Southwest Airlines to send three of its lawyers for religious freedom training after they fired a flight attendant who expressed religious views on social media.

District Judge Brantley Starr ordered on Monday that Southwest has to organize religious freedom training and send a short notice to all its flight attendants regarding the protections on religious speech, after a lawsuit filed by flight attendant Charlene Carter.

Jana J. Pruet
August 12, 2023
Southwest Ordered to Attend Religious Freedom Training

The backlash against wokeness is getting legal backing.

I wonder if other companies are picking up on the message?

I look forward to companies getting court mandated training on respecting people who exercise their rights under the 2nd Amendment.

Advocates for Flagrantly Violating the Constitution

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We suggest an unlikely source of continuing power, after Bruen, for states to disarm individuals they deem dangerous: qualified immunity. Qualified immunity shields state officers from monetary liability for many constitutional violations. In short, unless a previous case “clearly established,” with high factual particularity, that the officer’s conduct was unconstitutional, the officer does not pay. Thus, a state law enforcement officer may, after Bruen, confiscate an individual’s firearm if the officer deems that person too dangerous to possess it. The officer’s justifications may conflict with the federal courts’ understanding of Bruen or the Second Amendment—perhaps flagrantly. But unless a previous, authoritative legal decision examining near-identical facts says so, the officer risks no liability. And because each individual act of disarmament will be unique, such prior decisions will be vanishingly rare. The result is a surprisingly free hand for states to determine who should and should not be armed, even in contravention of the Supreme Court’s dictates.

Guha Krishnamurthi
University of Maryland Francis King Carey School of Law
Peter Salib
University of Houston Law Center
Qualified Immunity as Gun Control
July 5, 2023

This looks to me like a conspiracy to violate rights and perhaps other crimes by Krishnamurthi and Salib. Can’t they be satisfied with the current violations of the constitution?

If violating the constitution, and openly admitting they know it is unconstitutional, becomes pervasive I could see the response become correspondingly unlawful.

Another Shot Fired at Ferguson

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The Magazine Ban is a complete prohibition on commerce in ammunition magazines capable of holding more than 10 rounds. The Supreme Court has three times answered the specific question of what historical traditions of firearms regulation can possibly support modern day bans on certain types of “arms.” Those cases establish that states can only ban arms that are “dangerous and unusual.” Magazines capable of holding more than 10 rounds are neither.

Joel B. Ard
Ard Law Group PLLC
Attorneys For Plaintiffs
PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT

Via SAF MOVES FOR SUMMARY JUDGMENT IN WASH. MAGAZINE BAN CASE:

The Second Amendment Foundation today filed a motion in U.S. District Court for summary judgment in its challenge of Washington State’s ban on so-called “large-capacity magazines” in a case known as Sullivan v. Ferguson.

Progress is slow, but we are firing some powerful “ammunition” in our legal war.

I just wish we were in a position to use 18 USC 242 in this fight. Until we are, we will always be doing battle with the forces of evil over this issue.

Small Arms are Toys so Ban Them

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Are you honestly trying to argue you’re going to fight the ARMY (an actual well-regulated militia) with your little small-penis-overcompensation toys?

on POST as SOMETIMESFUNNY @ZTVComedyNews
Tweeted on April 3, 2023

It’s not only another Markley’s Law Monday, it is another science denier!

This is an interesting assertion. Our small arms, such as AR-15s, are “toys”. So, this guy wants them highly restricted and/or banned. If they are mere toys, then what is the point of banning them?

Don’t try to debate people like this. You can’t have a battle of wits with an unarmed person.

From Adam Piersen @AdamPiersen in the replies to this tweet:

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From Michael Winter @Winterborn123 in the replies to this tweet:

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From Michael Winter @Winterborn123 in the replies to this tweet:

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From DissidentRexy @DissidentRexy in the replies to this tweet:

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Cherry Picked Data

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The second amendment is not sacred. It is failed policy.

In the over 200 years since it was added to the constitution, it has become obsolete and dangerous.

Every year you cling to it, tens of thousands of Americans die horrible deaths.

PeteGreenburg @petegreenburg
Xeeted on August 2, 2023

Assuming this is earnest and rational belief and not a deliberate lie or emotions is if they based the assertion upon only the criminal activity associated with firearms while ignoring the benefits. This is known as cherry picking the data.

In any case, the thing to take away from this even with SCOTUS unanimously agreeing in the Heller decision that the Second Amendment protects an individual right there are still people who insist no such right exists. Never let anyone get away with telling you that no one wants to take away your guns.

NFA and GCA Will be Gutted

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Because of the Bruen decision we are going to see every gun law challenged, The NFA and GCA will eventually be gutted. I don’t think there will be a complete removal of both but they won’t look anything like they do now after @gunpolicy and GOA get done.

Scott Wilburn (@ScottWilburn138)
Tweeted on August 2, 20237

A persuasive argument can be made for this. If you are in a rational universe. I am far from convinced of the rationality of our legal system, let alone the entirety our country, world, and beyond.

Still, I know that if we do not try it is certain to not happen. So, I’m donating money every month to FPC and SAF. My goal is to have machine gun shooting sports in high schools in less than ten years.

Manage Your Expectations to be Consistent With Reality

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For years, the ATF allowed unrestricted use of the braces, invented for use by handicapped target shooters, but under Biden moved to ban or regulate them. The White House claimed they are “weapons of war” though only two “mass shootings” have involved the guns, which are typically used for target shooting and hunting.

An estimated 3 million to 20 million are in use, and making the changes could cost owners a total of some $2 billion over 10 years, said the court.

The ATF rule kicked in this year and the agency gave owners a few months to comply and skip the tax. But just about 250,000 decided to register their guns, a far worse compliance rate than expected.

Paul Bedard
August 2, 2023
Judges pistol-whip Biden ATF over gun grab overreach

So, between 1% and 8% registered their guns. Whoever expected more than that is severely out of touch with reality. That is typical in the U.S. and Canada, and probably elsewhere as well.

No Correlation

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Illinois, with its restrictive gun laws and comparatively low gun ownership of 22 percent, had 414 mass shootings and a per capita rate of 3.6 mass shootings per million people.

Washington, D.C., despite not being a state, was included in the study and the researchers were shocked to find that the district had the highest rate of mass shootings per capita at 10.4 shootings for every one million people. This is despite the fact that the country’s capital has some of the strongest gun control laws in the nation.

For states, Louisiana had the highest rate of mass shootings per capita at 4.3 shootings per million people – less than half the per capita rate in Washington, D.C. despite the lax gun laws and 52 percent gun ownership.

Hawaii and North Dakota had zero mass shootings from 2014 to 2022. They are followed by New Hampshire, Vermont and Wyoming, which all had one each, Idaho with two and Maine with three.

Arsenio Toledo
July 28, 2023
Study proves there is NO CORRELATION between gun control laws and mass shootings

I’ve been saying, essentially, the same thing for almost 20 years. That the politicians don’t care about the facts should be used as evidence at their trials.

Violent Criminals are Their Allies

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Zero tolerance doesn’t apply to stopping criminals. The Biden administration reserves that focus for the firearm industry.

Larry Keane
Senior vice president for government and public affairs for the National Shooting Sports Foundation
July 27, 2023
ATF has shut down nearly 2,000 gun stores since the implementation of its new “zero tolerance” policy

This is not news to most of us:

They are just being more blatant about it.

The Phallic Symbol is Unattainable

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The phallic symbol is unattainable, yet firearms and, consequently, violence are used to promote white masculinity. Gun advertisements use phallic imagery and language that promotes toxic masculine ideals. Due to the demographics of gun owners, the majority of the consumers of these products are white men. These advertisers know their market well and accurately demonstrated the anxiety white men have in a world where they feel a loss of rights and/or privileges. By using imagery of the phallic symbol, the advertisers have used their consumers’ fears and anxieties in order to sell more firearms, which, in turn, can at least partially demonstrate the white male gun owner’s identity.

Jenna Bergman
August 11, 2021
Firearms and the Phallus: Using Guns to Reclaim Masculinity

It is not only another Markley’s Law Monday, it is another science denier!

And it is not just an attempt at a snarky comment on Twitter. This is an article in the Columbia Political Review. It is Columbia University’s undergraduate multi-partisan political magazine with a circulation of about 8,000.

It is such gibberish that I gave serious consideration to the hypothesis it is satire. I have since dismissed that hypothesis.

Once you see it, you can’t unsee it.

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Government, almost by definition, DOES restrict our freedoms. Those polled aren’t wrong in the least for seeing it that way. The constant struggle is keeping this necessary evil contained to the minimum required for a functioning society.

Orgs like Everytown are part of a broad spectrum of authoritarian social engineers. They want people to be docile, preferably stuffed into cities, owning nothing, and restricted to a narrow Overton window of acceptable opinions and lifestyles. The Chinese social credit system is their model.

Guns are a threat to this (as is free speech, which is why that is also a target for them). Not even really guns themselves, but the individualist ideas they can awaken simply by accepting the natural right to bear arms. Because once you accept the natural rights framework, the Bloombergian government dystopia they want is unacceptable.

Notice how the very same people who want to ban guns also tend to want social media to censor more speech, want the government to tax everything they declare undesirable, want to punish thought crimes with a widening net of “hate speech” restrictions that shutter the Overton window, and constantly find new things they want banned.

This is also why they insist on federal gun laws. They know Boise or Manchester are doing just fine with minimal gun control laws, which drives them insane. It proves the problem in their violent cities is their own fault, and not due to gun rights. The authoritarians can’t allow such counterexamples to exist.

Control, control, control. Once you see it, you can’t unsee it.

Kostas Moros @MorosKostas
Tweeted on July 28, 2023

Right Wing Bias of Corporate Media

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The right wing bias of corporate media is nuts.

David Hogg
Tweeted on July 26, 2023

Delusions are often functional. Especially for anti-gunners like Hogg.

Others have things to say on this topic as well.

A Good Start

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Suing the ATF is our love language.

Gun Owners of America @GunOwners
Tweeted on July 21, 2023

I am a little lukewarm on this. I would say, it is my like language. Prosecuting and convicting them? That is my love language.