The Department of Justice (DOJ) anticipates issuing a Notice of Proposed Rulemaking (NPRM) that would interpret the statutory definition of “machinegun” in the National Firearms Act of 1934 and Gun Control Act of 1968 to clarify whether certain devices, commonly known as “bump fire” stocks, fall within that definition. Before doing so, the DOJ and ATF need to gather information and comments from the public and industry regarding the nature and scope of the market for these devices.
Posts Tagged ‘Gun Control’
On February 16, 2016, Alton C. Franklin filed suit in the United States District Court for the Western District of Pennsylvania. He contended that a prohibition against his ability to acquire or possess firearms because of a brief involuntary commitment in 2002, was unconstitutional. With a partial summary judgment in his favor, and a re-submission in January of 2017, Mr Franklin prevailed. The law was not struck as unconstitutional, directly. Rather, the Pennsylvania law was ruled to be insufficient to meet the Constitutional requirements of the Federal law.
Every federally licensed firearms retailer (FFL) is required by law to run a background check through NICS before transferring a firearm to an individual, whether the transaction is happening in a store, at a gun show, or online. While the merits of of background checks can be debated, so long as the system is in place, most believe it should include the records that disqualify individuals from buying a firearm—criminal and mental health records that prohibit an individual from owning a firearm. The National Shooting Sports Foundation is spearheading an initiative known as FixNICS.
Politicians often give speeches promising stiffer penalties for criminals in an effort to make the people feel safer. Whether or not they are actually safer is often debatable, however. Enhanced penalties for criminals committing their offense with a firearm is a good example. These laws keep some of the worst offenders off the streets longer and is generally supported by all citizens—or so I thought. That is why it was such a head scratcher when California Governor Jerry Brown recently signed a bill into law removing mandatory minimum sentences for criminals who use guns in their crimes.
Few, if any, gun owners would disagree with more police on the streets or stiffer penalties for criminals who use guns. However, we all have seen surveys that claim gun owners support a proposal based on a couple of pieces such as these when in fact the anti gun forces are proposing something much more insidious. Chicago’s latest Gun Trace report may be just such as a strategy, but that is for the reader’s to decide. Here is the reading and analysis from the National Shooting Sports Foundation (NSSF).
A new Government Accountability Office (GAO) report has confirmed what we know to be true. The distribution of free gun locks helps to increase the use of safe storage practices. Having doctors talk to parents about safe storage and firearms in the home does not change the parents’ behavior. In the words of the GAO authors:
From the moment the recent tragedy in Las Vegas hit the news, we knew we would have to brace for shock and wait for the fallout. Several states have bills pending. There will be the usual sabre rattling from the normal characters, of course. The question that matters most is, “How do they purpose to infringe on the Second Amendment this time?” We have the answers.
There’s a new sheriff in town and criminals are increasingly finding out what that means. President Trump issued a directive, which seemed novel to some, and common sense to most lawful gun owners. According to a recently released memo, Attorney General Jeff Sessions and the Justice Department was directed to focus on getting illegal guns, and those who possessed them, off the streets.
The election of a new President may have lessened the threat to the Second Amendment at the federal level, but it increased the threat at the state and local levels. Gun control advocates no longer have a friend in the White House, and support in the House and Senate have waned as well. However, while many firearm enthusiasts have relaxed and taken their eye off the prize, the antis have been pressing their efforts to weaken the Second Amendment. One such example is Maryland’s semi-automatic modern sporting rifle ban. Fortunately, organizations such as the National Shooting Sports Foundation (NSSF) have maintained their diligence. Read the full release from the NSSF.
The Criminal Justice System seems to be taking on a new meaning in America where Citizens are presumed guilty until they are proven innocent. The CJ Grisham case continues to have folks scratching their heads. A retired Army First Sergeant went on a merit badge walk with his scout son out on a country road and winds up in jail after legally carrying a rifle in Texas. The case became controversial, because veteran Temple law enforcement officer Steve Ermis decided to make up a law on the side of the road and disarmed a Texan. It wall all caught on video.
Lawmakers favoring gun control are continually talking about Australia’s gun control and how the United States needs to follow Australia’s lead. While laws attempting to abridge the Second Amendment are bad enough, Australia’s laws go far beyond simply banning guns. Australian laws bans fake or replica guns, crossbows, and several types of knives such as trench knives. You know, like the ones used in WWI, because those are common among street muggers and gang members these days…
“Unconstitutional” is what a federal appeals court has ruled on the D.C. gun law that says people must show “good reason” to have concealed handgun permits. The Second Amendment is sufficient reason itself to issue permits, according to the 2-1 ruling released Tuesday July 25, by the U.S. Court of Appeals for the D.C. Circuit.
With President Trump in the White House, the fight for the Second Amendment is going to happen at the local level. This makes it much harder for national Second Amendment groups such as the NRA-ILA or NAGR to fight. However, we have the power of the vote and grassroots efforts such as the New Jersey Second Amendment Firearms Education (NJ SAFE).
Lawmakers and judges in favor of gun control have continually tried to weaken the Second Amendment and deny citizens of their constitutional protections and rights under the Second Amendment by imposing a “good reason” requirement. The Second Amendment was not written with any such condition and was purely a fabrication by forces intent on gutting the Second Amendment. This week, the Court said as much.
In April 2013, Maryland passed the Firearm Safety Act (FSA). Among other things, the FSA bans law-abiding citizens, with the exception of retired law enforcement officers, from possessing the vast majority of semi-automatic rifles commonly kept by several million American citizens for defending their families and homes and other lawful purposes. In truth, the law went so far as to ban 45 types of so-called assault weapons and limit magazine capacity to 10 rounds.
They say that money makes the world go round. While that may be hard to prove, the fact of simply having a mass fortune and a political agenda can yield results or be a political threat. The politics of where you stand on the issue determines which side of the fence you’ll sit. For supporters of the Second Amendment, it is guaranteed that we will be on the opposite side of the fence as Michael Bloomberg.
However, there are lessons to be learned by Bloomberg’s words. In this article, Frank Minter, writing for the NRA, shows how Bloomberg admits to using deception to attain his political objectives. Points such as these are lessons we can all use When debating and educating others about our Second Amendment rights. Read the full analysis.
Michael Bloomberg, former mayor of New York City, the eighth-richest person in the United States, and the billionaire behind the rabidly anti-gun group Everytown for Gun Safety, was asked on CBS’ “60 Minutes” why he didn’t run for president of the United States. His answer was revealing.
By Frank Miniter
“If I thought we could win, or had a reasonable chance, I would have [run for president],” he said. “It would be totally unlikely, very unlikely that an independent could win. And in my case, I was mayor for a long time. People know where I stand. I couldn’t pretend to be something I’m not.”
So Bloomberg realized that his efforts to ban things like “Big Gulp” sodas, coal mining and, effectively, the Second Amendment of the U.S. Bill of Rights made it impossible for him to fool a majority of Americans into voting for him. He “couldn’t pretend to be something” else than what he is, so he opted not to run.
That’s honest—at least to himself. Everytown consistently uses “gun death” statistics that include suicides to make it seem as if there are many more homicides than there are.
Officially, Everytown is a private group that doesn’t disclose its donors. Bloomberg is, of course, the founder of Everytown. He funds the anti-gun group and, we must presume, the group does what he desires. So it is interesting that he realizes his anti-freedom, paternalistic views are too well known to the American people for him to win the presidency, but that he nevertheless thinks his group Everytown for Gun Safety is far enough removed from his views to be taken as nothing but a “gun safety” group by Americans.
After all, even if journalists, given their own political leanings, are unwilling to use the old journalist’s mantra “following the money” to report Everytown’s real mission, Everytown has itself lied so much and so blatantly that it also can no longer hide its real agenda. (Tellingly, this is likely the reason Bloomberg morphed “Mayors Against Illegal Guns” [MAIG] into Everytown, as MAIG had so dirtied its name it needed a new one.)
Everytown consistently uses “gun death” statistics that include suicides to make it seem as if there are many more homicides than there are. They have included terrorist acts in their mass shooting statistics and inflated the numbers of mass shootings. There are too many lies and deceptions to report in one article, but here is a quick analysis of their two biggest campaigns at present—both riddled with lies.
Universal Background Checks
The misinformation and outright deceit from Everytown on so-called “universal” background check laws (universal is in quotes because criminals by definition won’t abide by such laws, so such a law can’t be truly universal) is hard to sum up—there is just too much of it. Here are a few highlights.
Everytown says on its website that “under current federal law, background checks are only required on gun sales at licensed dealers. This loophole in the system make [sic] it easy for millions of guns to change hands each year with no background check, and no questions asked.” But the study Everytown sources for this claim is a small survey of gun owners that has to do with stolen guns. This study estimated that “about 380,000 guns [are] stolen” each year, not millions. Everytown doesn’t explain how “universal” background check laws would stop criminals who steal guns from selling the stolen goods to other criminals. The organization also don’t explain how such laws would stop criminals from illegally selling guns to prohibited persons.
The NRA wants real solutions to these problems, such as prosecuting those who sell guns to criminals and encouraging gun owners to safely store firearms they are not currently using. But Everytown isn’t interested in practical solutions that respect American freedom. They want bans, harsh controls and to criminalize as many gun owners as they can.
As a caveat, Everytown claims that “[s]ince enacted [background checks at gun dealers] have blocked nearly 3 million sales to felons, domestic abusers, fugitives, and other people prohibited by law from having guns.” There have been nearly 3 million initial denials since the FBI began the National Instant Criminal Background Check System (NICS) in 1998, but many of these happen because someone has a similar name to someone who is prohibited or for another reason having nothing to do with felons, domestic abusers, fugitives and other criminal activity.
They want bans, harsh controls and to criminalize as many gun owners as they can.
Everytown says law enforcement “overwhelmingly opposes” the “Concealed Carry Reciprocity Act of 2017,” but they don’t source any data for this “overwhelming” claim. They do site a 2013 press release from the National Law Enforcement Partnership to Prevent Gun Violence, a group that consistently opposes pro-gun legislation, including the “Hearing Protection Act of 2017,” for this claim, but that hardly constitutes an “overwhelming” majority.
Everytown also says, “Reciprocity would force states to let violent offenders and people with no firearm safety training carry hidden, loaded handguns—even if those people could not otherwise legally purchase a gun in the state.”
This is fear-mongering nonsense. Anyone who reads the “Concealed Carry Reciprocity Act of 2017” can clearly see that the bill recognizes the diversity of state concealed-carry laws by making each person subject to the concealed-carry laws of the state where they are present. This includes respecting the local laws that prohibit firearms.
Everytown also says that “a person denied a permit in his home state—e.g. after a criminal conviction—could simply get an out-of-state permit, and carry back at home.”
Actually, the Concealed Carry Reciprocity Act allows a person to carry concealed only if they are not federally prohibited from possessing or receiving a firearm, are carrying a valid government-issued photo ID and are lawfully licensed or otherwise entitled to carry a concealed handgun. It is already illegal under federal law (18 U.S.C. 922(g)) for prohibited persons to possess a firearm.The Concealed Carry Reciprocity Act would simply protect the freedom of law-abiding gun owners who live in the other 28 states.
Reciprocity is already a reality in the 22 states that recognize all other concealed-carry licenses or allow law-abiding nonresidents to carry a firearm without a license. The Concealed Carry Reciprocity Act would simply protect the freedom of law-abiding gun owners who live in the other 28 states.
All that said, just imagine if Bloomberg were an honest person. He could honestly splash around his $47 billion in ways that might really help. He could look at American freedom for what it is, instead of seeing it as the problem he pretends it is. He could then bolster our freedom while funding new approaches to bust criminals. It would be so much easier this way—working with Americans 100 million-plus gun owners instead of against them.
As Mark Twain said, “If you tell the truth, you don’t have to remember anything.”
What lessons or points did you take from Miniter’s analysis? How can others use these points or others you know of, in future discussions/debates? Share your answers in the comment section.
Frank Miniter is the author of The New York Times bestseller The Ultimate Man’s Survival Guide—Recovering the Lost Art of Manhood. He is also the author of This Will Make a Man of You and The Future of the Gun. He is a contributor to Forbes and writes for many publications. His website is FrankMiniter.com.
The Second Amendment Foundation, joined by several other groups and individuals, has filed a lawsuit in federal district court in California, challenging that state’s law prohibiting the possession, use, or acquisition of so-called “large-capacity magazines,” calling the ban “hopelessly vague and ambiguous.” This case could have repercussions on a similar magazine ban in Colorado.