2A News: February 24, 2017 Newsletter by Jeff Pittman
MSFOA
Having heard nothing from the Mississippi State Firearm Owners Association, I’m assuming that this year’s annual meeting has been canceled or delayed.
Litigation
In an egregious and torturous en banc decision this week the full US Court of Appeals for the 4th Circus in Richmond, Virginia, reconsidered a divided ruling issued last year that found citizens have a “fundamental right” to own military-style semiautomatic rifles and normal capacity (over 10 rounds) magazines, and that laws restricting the right deserve the toughest level of constitutional scrutiny (strict scrutiny).
The 2013 Maryland ban in question includes semi-automatic rifles that can take detachable magazines and have two of these three features: folding stock, grenade/flare launcher, or flash hider. There is a long list of existing models that are explicitly banned, including all AR15s and variants, and all AK47s and variants. The list of banned guns includes some firearms that are not semi-automatic, such as some pump shotguns. Apparently no military weapons (automatic, select-fire, or burst-fire) are on the list.
Writing for a 10-judge majority in the case Kolbe v. Hogan, US Circuit Judge Robert King said that weapons such as M-16s (sic) and similar-looking guns “are most useful in military service” aren’t protected by the Second Amendment, according to the Supreme Court’s District of Columbia v. Heller decision. King wrote, “Put simply, we have no power to extend Second Amendment protection to the weapons of war that the Heller decision explicitly excluded from such coverage.” But the last time I read the Heller decision, it said nothing of the kind, and in fact recognized that the Second Amendment explicitly protects MILITIA weapons. Perhaps the 4th Circus should read SCOTUS decisions before writing decisions. The Circus Court also explicitly adopted that intermediate scrutiny was the correct analysis to utilize, saying “[I]ntermediate scrutiny is the appropriate standard because the FSA [Maryland’s Firearm Safety Act] does not severely burden the core protection of the Second Amendment, i.e., the right of law-abiding, responsible citizens to use arms for self-defense in the home.” The Court also called the difference between a machine gun and a semi-automatic “slight.”
The court separately rejected claims that Maryland’s assault weapons ban violated the 14th Amendment of the Constitution.
7 of the Circuit’s 15 active judges are Obama appointees. It is clearly impeachment time for these EBs (The “E” stands for “evil.”), with room left over for treason prosecutions.
“And what country can preserve its liberties, if its rulers are not warned from time to time that this people preserve the spirit of resistance? Let them take arms….The tree of liberty must be refreshed from time to time, with the blood of patriots and tyrants.” — Thomas Jefferson in a letter to William S. Smith in 1787. Taken from Jefferson, On Democracy p. 20, S. Padover ed., 1939
We also note that there are fewer murders with “assault rifles” when there is no ban than when there is a ban.
Legislation
Alabama — Briarwood Presbyterian Church and Briarwood Christian School want their own police department and a bill proposing it passed 9-2 in the House Public Safety Committee last week.
LEO shooting follow-ups
Report from the Mississippi DPS/MBI on Gaming Commission Director of Investigations John Gorman’s fatal shooting. Note that apparently only the INSTRUCTORS were the ones doing stupid things with loaded guns.
Punta Gorda, FL Police Officer Lee Coel, 28, who fatally shot a retired librarian during an August community police academy, has been arrested and will face felony manslaughter charges (30 years). Punta Gorda Police Chief Tom Lewis was charged with culpable negligence, a misdemeanor (60 days), but was not arrested and instead received a summons to appear in court. The librarian was acting as a victim in a “shoot/don’t shoot” scenario, and Coel — who was playing the “bad guy” — shot her several (perhaps 6) times. One wonders how that is an “accident,” as claimed by the killer.
Massacre update
GPS information from the car driven by the massacrist who killed nine people at Emanuel AME Church in Charleston, SC, shows that after his massacre he stopped at Branch AME Church about 30 miles away, where he turned off his GPS for several minutes, which prosecutors say suggests he sat there contemplating another attack. The perpetrator told investigators upon his arrest that he was too tired for another attack. (Word to the wise: They get too tired a lot quicker if they’re full of bullet holes.)
Be prepared.
Election follow-up
“The NRA did just about everything right.”
DGU
An unidentified Indiana Conservation Officer was saved from an assault by a suspect when an unidentified female bystander fatally shot the attacker.
Be Careful About Assuming Who the Bad Guy Is
You Are On Your Own
The Detroit Police Department is launching an internal investigation and admitting mistakes were made after a family was stuck in their home with an intruder for more than 30 minutes. Officers didn’t arrive until two hours after they were called. An unidentified DPD representative said “The call taker didn’t do what the call taker is trained to do.”
“Oh, you don’t need a gun — just call 911….”
CCW for Women
Enemies
Bloomberg’s Everytown for Gun Safety embraces Gansta values and Carmelo Anthony.
“I fully support and defend our right to keep and bear arms as written by our Founding Fathers of the Constitution reinforced in the Second Amendment [EXCEPT for permitless concealed carry of a handgun on your person or in a vehicle].” — Madison County, AL, Sheriff Blake Dorning
Etowah County, AL Sheriff Todd Entrekin also said he’s a supporter of the Second Amendment, BUT he also has opposed changes in the law challenging a sheriff’s right to use discretion in giving concealed-carry permits. In other words, gain permission from an anti-gun sheriff before you can peacefully and lawfully exercise your Constitutional rights.
Dept. of Idiocy
Students at Michigan State University soon will not be permitted to hang whiteboards on the outside of their dorm room doors, because something “mean” or “hurtful” may get written on them. You mean like “idiot?”
A US veteran is facing federal criminal charges for placing two, four by six inch American flags outside a Veterans Affairs (VA) fence in Los Angeles and for taking photos without permission of VA police reacting. My understanding is that federal courts have consistently ruled that citizens have the legal right to video record police in action.
Liars
Remember former President Obama (I love saying that) claiming that no other civilized country has the mass shooting problem that the US has? “Remember, mass shootings don’t happen in any other advanced country like they do here.” Well, France, with 1/5 the population, had more casualties from mass shootings in 2015 alone than the US had during the entire 8 years of Obama’s presidency.
The Only Ones
An unidentified high-ranking Pasadena, CA police officer was put on paid administrative leave pending an internal affairs investigation Thursday after the Bureau of Alcohol, Tobacco, Firearms and Explosives searched his home outside Pasadena. No arrest at this time, and apparently the situation is unrelated to the officer’s employment. Under state cover-up law, the results of the internal affairs review — including any discipline — will not be released to the public.
The Monroe County, NY, Sheriff’s Office says jail deputies Dale Fair and Robert Thorpe had stripped and cleaned Fair’s personal weapon early Sunday morning in a home in the village of Hilton, near Rochester. The gun was reloaded after the cleaning. Officials say the weapon fell, and when Fair tried to catch it he accidentally discharged the weapon. The bullet hit his hand and leg, and a fragment hit Thorpe in the lower leg. Both men suffered non life-threatening injuries. An investigation is underway. No criminal charges have been filed.
Don’t try to catch a dropped, loaded gun.
Chinese power company has weaponized drones
Gov’t. guns
DHS — Immigration and Customs Enforcement has adopted the SIG P320C as their next service handgun, replacing the agency’s old SIG P229 DAK handguns.
BPS/Cabela’s merger
The Federal Trade Commission is revisiting Bass Pro Shops’ proposed purchase of Cabela’s, after Cabela’s stock dropped enough to cause the company sale price to fall from $5.5 billion to $4.5 billion, and due to FTC fears that there would be too much consolidation (or a small monopoly) in the outdoor sporting goods market. If the merger goes through, the company would effectively control roughly 20% of their respective market.
Remington X-Mark Pro trigger recall
- Revisited.
- Remington’s response to the 60 Minutes stories.
Products
- Folding “Origami” ballistic barrier
- Nikon’s new BLACK riflescope series of riflescopes is a new category of dedicated optics with models engineered for both precision long-range rifle and action-shooting AR enthusiasts. For the precision rifle shooter, the BLACK X1000 is offered in a range of 4-16×50 and 6-24×50 models with X-MRAD or X-MOA tactical-style reticles synchronized to elevated windage and elevation turrets, while the BLACK FORCE1000 1-4×24 riflescope with capped turrets and SpeedForce reticle suits shooters looking for rapid-action targeting capability with AR/MSR platforms. $400-$650.
- Lyman’s new Bag Jack is a scissor jack (just like your car jack) that can be used to raise and adjust your front sandbag rest. The Bag Jack is made of steel and aluminum with a 10″x10″ platform coated with a non-slip texture. About 6.5 lbs. and $65.
- How about a John Wayne “Big Loop” BB gun?
- Lansky’s Roadie keychain multi-widget includes a carbide “V” knife sharpener. $8.
- Legacy Sports International will be offering the Howa Long-Range Rifle, sold bare or as complete rifle packages that include a variable power scope. The rifle is based on Howa’s 1500 Precision Barreled Action, using a 26″ heavy barrel in 6.5 Creedmoor or .308 Win. The barrels are threaded and come with a thread protector. Stock is a Bell & Carlson varmint configuration in either desert tan or green, with a high cheekpiece and 1″ Pachmayr Decelerator recoil pad. Package rifles include a Nikko Stirling Diamond 4-16×44 scope with red and green illumination. Both the rifle and the scope come with a lifetime warranty. The rifle also carries a one MOA guarantee. $1,015 for the rifle, $1,299 for the package.
- Federal Premium has a new line of “long range” hunting ammunition called Edge TLR. It uses a lead core bullet that is bonded to a copper jacket with a polymer tip called the Slipstream designed to initiate expansion of the bullet at long distances where the velocity has fallen off – successfully tested out to 900 yards. Federal says the ammunition has “match grade” accuracy. Initial offerings include .308 Win, .30-06, .300 Win Mag and .300 WSM. Both the .308 Win and .30-06 use a 175 grain bullet. The remaining two cartridges use a 200 grain bullet.
Quote of the Week
“Studies show the single most effective way to stop a completed rape is a gun. Why would we ever deny someone the right to avail themselves of the single most effective way of [stopping] completing a rape?” — Utah Rep. Kim Coleman in House approves allowing concealed gun permits for Utahns as young as 18 [via sltrib.com]
