Litigation

In Illinois after the passage of the new state gun ban, the Crawford County state-level case was moved from state court to the federal U.S. District Court for the Southern District of Illinois last week, the Illinois State Police motioned to consolidate Langley et al v. Kelly et al. with three other cases filed in federal court: Illinois State Rifle Association’s case Harrel, et al. v. Raoul, et al.; Illinois Gun Rights Alliance’s Federal Firearms Licensees of Illinois, et al. v. Pritzker, et al; and the National Shoot Sports Foundations’ Barnett, et al. v. Raoul, et al. The ISP motion says similar cases are typically combined into lower-numbered cases, which ISP says is the Langley case that was filed Jan. 1, 2023. No word on how the federal case Bevis et al v. City of Naperville, Illinois, which was filed Sept. 07, 2022, may be affected. The Bevis case originally challenged Naperville’s gun ban, but last week it was broadened to include challenging Illinois’ gun ban. We have a report that since the ban was enacted, at least seven lawsuits have been filed in state or federal court seeking to overturn the law on various grounds.

More rundown on Illinois cases here.

Biden Admin moves against background check laws.

ATF nonsense

• Pistol Gripped Shotguns, 922(r), & the Pistol Brace Rule According to the ATF
• ATF downplays impact of new gun ruling, expects 60% to register AR ‘pistols’

Is the pistol brace amnesty a trap? Well, duh.

We also have a report that several Oklahoma sheriffs say they will refuse to recognize the unconstitutional federal ban established by executive fiat. I’m sure there are others.

Federal lawsuits have been filed.

Judiciary

Judge Charnelle Bjelkengren, of Spokane County Superior Court in Washington State, was nominated by President Biden to serve on the U.S. District Court for the Eastern District of Washington. During her confirmation hearing before the Senate Judiciary Committee, Bjelkengren could not answer questions about what different parts of the U.S. Constitution do and how courts might interpret laws.

More on Wayne LaPierre & Company’s pocketing of your NRA funds

• Deposition of John Frazer
• Deposition of John Frazer, Part Two

Liars

“I’m 53 years old, and I’ve seen more Americans die from domestic gun violence than from all of our wars combined.” – anti-gun U.S. Sen Cory Booker (D-NJ)

The Only Ones

Russian soldiers are bringing their army weapons home from the front lines in Ukraine and shooting up their own people.

Rust

Prosecutors have formally filed felony charges of involuntary manslaughter in the fatal shooting of a cinematographer by gun-hating actor Alec Baldwin during a rehearsal on the set of the movie “Rust” in 2021. Involuntary manslaughter can involve a killing that happens while a defendant is doing something dangerous and is acting negligently or without caution, which is a fourth-degree felony, punishable by up to 18 months in jail and a $5,000 fine under New Mexico law. The second set of manslaughter charges, involuntary manslaughter in the commission of a lawful act, alleges recklessness to a degree that is more than simple negligence and could result in a mandatory five years in prison because the offense was committed with a gun. Special prosecutor Andrea Reeb has cited a pattern of “criminal disregard for safety” on the set of “Rust.”

Armorer Hannah Gutierrez-Reed, who was in charge of handling weapons on set of the Western, was also charged with two counts of involuntary manslaughter.

Baldwin and Gutierrez-Reed are charged in the alternative, meaning if a jury returns a guilty verdict, the panel then must determine which definition of involuntary manslaughter applies.

Alec Baldwin needs to make a movie with the cast of The View.

DGUs

“One should expect that if you are brazen enough to enter into someone’s residence and it is not yours, with intent to commit an unlawful act, there may be repercussions.” – Haines City (FL) Police Chief Gregory Goreck, in a press conference after his cops tracked down saved a burglar’s life after he was legally shot by a homeowner

• The Armed Citizen – January 20, 2023
• The Armed Citizen – January 23, 2023
• The Armed Citizen – January 27, 2023
• The Armed Citizen – January 30, 2023

Newsletters

The ACLDN and Rangemaster February (pdf link) newsletters are out. Be sure to read the ACLDN item about empty hand attacks. I printed out a copy and dated it the day I read it and filed it. This might be useful if you ever have to justify your use of deadly force against such an attack.

Tactics

• A reminder: When you gotta go…
• Intimate Partner Violence: Warning Signs — A reminder: Only 1-3 of these signs are necessary to dictate that you GET OUT.
• Active School Shooter Training: 14 Key Points to Consider

“A failure to immediately and effectively fight will result in innocents dying.”

• Tactical Handgun Reloading. Includes Revolvers. Ayoob.

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History of interchangeable shotgun chokes

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Esoterica

• .348 Win. vs. .358 Win.

If you don’t have at least one of these, I guess you’re not done buying guns.

Mississippi Homicides

• Mississippi State Auditor Shad White on Mississippi Homicides

Book Recommendation

• Ayoob recommends a book. I have not read it.

Industry News

Speer Ammunition was recently awarded the French Police 9mm duty handgun ammunition contract for Speer 124-grain Gold Dot. The contract will run for up to four years with an expected quantity of 20 million rounds, and the ammo will be issued to more than 250,000 people from the French National Police, National Gendarmerie, Customs Police and the Penitentiary Administration.

Winchester announced that the U.S. Army has awarded the company a contract to manufacture, test, and deliver 5 million 6.8mm Next Generation Squad Weapon (NGSW) cartridges.

Products

• MDT Zero Stage Electronic Trigger. Pretty cool.
• Camouflage Mausers. Also cool.
  • The Mauser M18 bolt-action rifle is now available in two camo patterns – U.S. Marine Corps (USMC) and Fred Bear Old School Camo. $950.
• The .338 Norma Magnum Minigun. Too cool to touch.

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“No one can read our Constitution without concluding that the people who wrote it wanted their government severely limited; the words ‘no’ and ‘not’ employed in restraint of government power occur 24 times in the first seven articles of the Constitution and 22 more times in the Bill of Rights.” – Edmund A. Opitz

“Sometimes, ‘de-escalation’ does not represent a legitimate, nor a viable, solution to determined criminal violence.” – Anonymous CO Sheriff

“When our civilians have guns, they can defend themselves.” – Israeli Security Minister Itamar Ben-Gvir

Mississippi Legislation Update

2023 MS Gun Bills

Summary of gun related bills filed this legislative session. NOT guaranteed complete.

Next deadline: February 9 for original floor action on bills from their own house.

http://www.legislature.ms.gov/legislation/

2/2/2023

HB 54
By: Rep. Paden
Ref: Jud. B; Constitution
DIED IN COMMITTEE

Requires that CCW license applicants undergo a psychiatric “mental health evaluation” and provide proof that the results show “no sign of mental illness.”

HB 80
By: Rep. Denton
To: Jud. B; Constitution
DIED IN COMMITTEE

Same as HB 100. Requires that courts which adjudicate a person as mentally incompetent or commits a person to a facility for mental health treatment must also notify the Dept. of Public Safety of such, and requires that the DPS maintain a list of those persons for continual checking to ensure that they deny or revoke CCW licenses as provided in the existing law.

HB 99
By: Rep. Denton
To: Jud. B; Constitution
DIED IN COMMITTEE

This is the old, tired, so-called “assault weapon” ban, but only for persons under age 21.

HB 100
By: Rep. Young
To: Jud. B; Constitution
DIED IN COMMITTEE

Same as HB 80. Requires that courts which adjudicate a person as mentally incompetent or commits a person to a facility for mental health treatment must also notify the Dept. of Public Safety of such, and requires that the DPS maintain a list of those persons for continual checking to ensure that they deny or revoke CCW licenses as provided in the existing law.

HB 102
By: Rep. Summers
To: Jud. B
DIED IN COMMITTEE

Limits the issuance of no-knock warrants.

HB 210
By: Reps. Miles, Hulum
To: Military Affairs
DIED IN COMMITTEE

Exempts honorably discharged veterans from CCW license fee.

HB 265
By: Reps. Smith, Hopkins, Williamson
To: Constitution
DIED IN COMMITTEE

Second Amendment Preservation Act. Beefed-up preemption law. Similar to HB 550.

HB 281
By: Rep. Currie
To: Jud. B
PASSED COMMITTEE. GOES TO FULL HOUSE.

Provides that the beneficiary of a law enforcement officer who is killed in the line of duty may be allowed to purchase as his or her personal property one (1) sidearm which was issued to the law enforcement officer by the law enforcement agency by whom he or she was employed at the time of death.

HB 301
By: Rep. Rushing
To: Education
DIED IN COMMITTEE

Allows school systems to designate certain faculty or staff as armed, and pays them extra. Requires enhanced CCW license and LEO firearms training.

HB 353
By: Rep. Harness
To: Jud. B
DIED IN COMMITTEE

Exempts members of the state legislature from the requirement of obtaining a CCW license to legally carry where a license would normally be required. Lumps those politicians in with law enforcement. But it also provides for issuance of a “legislative” CCW license card.

HB 529
By: Rep. Bain
To: Jud. B
COMMITTEE SUBSTITUTE PASSED COMMITTEE. GOES TO FULL HOUSE

Unrelated Highway Patrol legislation which also “brings forward” Section 45-9-101 of the Mississippi Code, without making any changes. This is a common “place holder” move so that the legislature can make changes to the referenced code at a later date in the legislative process. This code section is the one containing the CCW license provisions. Keep an eye on it. Same as SB 2236.

HB 532
By: Reps. Bain, Barnett
To: Jud. B
COMMITTEE SUBSTITUTE PASSED COMMITTEE. GOES TO FULL HOUSE.

The Mississippi School Safety Guardian Act, which allows school systems to designate certain faculty or staff as armed, and pays them extra. Requires enhanced CCW license and LEO firearms training. Comes with some liability protection for the person and creates a layer of program bureaucracy. It is perhaps worth pointing out that school staff with the enhanced CCW license are already legal to carry in schools. Same as HB 1120, SB 2742 & SB 2743.

HB 550
By: Reps. Oliver, Bain
To: Constitution
DIED IN COMMITTEE

Second Amendment Preservation Act. Beefed-up preemption law. Similar to HB 265.

HB 621
By: Reps. Criswell, Williamson
To: Jud. B
DIED IN COMMITTEE

Firearms Protection Act. Prohibits public officials and gun dealers in the state from enforcing federal gun laws and regulations relating to guns made and remaining in the state, or enforcing federal administrative gun or magazine bans or registration requirements.

HB 624
By: Reps. Criswell, Williamson
To: Jud. B
DIED IN COMMITTEE

Removes stun guns from the category of concealed weapons.

HB 656
By: Rep. Hood
To: Jud. B
DIED IN COMMITTEE

Firearms protection act specifically for suppressors.

HB 692
By: Rep. Barnett
To: Jud. B
DIED IN COMMITTEE

Provides weapons definitions and clarifies what is prohibited for felons to possess.

HB 851
By: Rep. Barnett
Jud. B
DIED IN COMMITTEE

Makes it lawful for any person who has been convicted of a nonviolent felony to possess and use previously prohibited weapons in defense of the person’s own residence or motor vehicle.

HB 897
By: Rep. Banks
To: Jud. B
DIED IN COMMITTEE

Removes state preemption limitations on counties and municipalities to regulate or prohibit legal carrying of firearms.

HB 912
By: Reps. Anderson (122nd), Arnold, Bain, Brown (20th), Byrd, Calvert, Carpenter, Creekmore IV, Eure, Gibbs, Goodin, Hale, Hopkins, Ladner, Lancaster, Mangold, Massengill, McKnight, Miles, Newman, Rushing, Sanders, Scoggin, Shanks, Smith, Tullos, Turner, Wallace, Williamson, Zuber
To: Jud. B
COMMITTEE SUBSTITUTE PASSED COMMITTEE. GOES TO FULL HOUSE.

Authorizes manufacture and possession of suppressors in Mississippi and prohibits enforcement of federal laws governing them if they are made and remain in the state. Similar to SB 2246.

HB 1078
By: Rep. Ford (73rd)
To: Jud. B
DIED IN COMMITTEE

Authorizes law enforcement agencies to sell seized/forfeited weapons and use the proceeds to purchase equipment for that agency. Probably a bad idea, since it gives LEOs incentive to seize weapons, perhaps without just legal cause. Money should instead go to the STATE’s general fund. Same as SB 2245.

HB 1105
By: Rep. Barnett
To: Jud. B
PASSED COMMITTEE. GOES TO FULL HOUSE.

Authorizes investigators and regulatory enforcement personnel employed by the Secretary of State’s office to carry weapons.

HB 1110
By: Reps. Owen, Barnett, Bennett, Boyd (19th), Carpenter, Currie, Darnell, Felsher, Ford (73rd), Hobgood-Wilkes, Hopkins, Hulum, Lancaster, McCarty, McLean, Morgan, Newman, Pigott, Read, Scoggin, Shanks, Wallace, Williamson
To: Jud. B
COMMITTEE SUBSTITUTE PASSED COMMITTEE. GOES TO FULL HOUSE.

Prohibits the misuse of payment card processing systems to surveil, report, or otherwise discourage constitutionally protected firearm and ammunition purchases within the State of Mississippi. Punishment is limited to allowing civil suits brought by victims for damages against any financial institution or government entity that causes the person’s protected financial information to be disclosed in violation

HB 1120
By: Reps. Bennett, Owen
To: Education
DIED IN COMMITTEE

The Mississippi School Safety Guardian Act, which allows school systems to designate certain faculty or staff as armed, and pays them extra. Requires enhanced CCW license and LEO firearms training. Comes with some liability protection for the person and creates a layer of program bureaucracy. It is perhaps worth pointing out that school staff with the enhanced CCW license are already legal to carry in schools. Same as HB 532, SB 2742 & SB 2743.

HB 1133
By: Rep. Robinson
To: Jud. B
DIED IN COMMITTEE

Another Firearms Protection Act.

HB 1164
By: Rep. Young
To: Jud. B
DIED IN COMMITTEE

Allows for DPS-authorized state or local governing authorities to provide firearms training for enhanced CCW licenses. Since DPS has always clearly violated the law regarding statute-authorized training for the licenses, I doubt this will improve things.

HB 1282
By: Rep. Ladner
To: Public Health and Human Services
DIED IN COMMITTEE

Allows certain kinds of private hospitals to establish their own police force, with guns, arrest powers, etc. Really bad idea. Same as SB 2437.

HC 6
By: Reps. Scoggin, Hopkins
To: Rules
STILL ALIVE

Declares Mississippi a “Second Amendment Sanctuary” state.

SB 2079
By: Sen. Hill
To: Education; Judiciary A
COMMITTEE SUBSTITUTE PASSED COMMITTEE. GOES TO FULL SENATE.

Mississippi School Protection Act. Another School Guardian program. See HB 1120, above.

SB 2083
By: Sen. Hill
To: Jud. A; Education
DIED IN COMMITTEE

Revises minimum age for enhanced CCW licenses to 18, and clarifies (redundantly) that one can legally carry on school property with an enhanced CCW license.

SB 2119
By: Sen. McCaughn
To: Jud. B
DIED IN COMMITTEE

Attempts to clarify that a felon in possession of multiple prohibited weapons is subject to one criminal charge per weapon. I believe this has been the subject of an attorney general’s opinion.

SB 2128
By: Sen. Hill
To: Jud. B
DIED IN COMMITTEE

Creates the crime of trespass on property other than a structure or conveyance. If the trespasser is armed, it becomes a felony.

SB 2233
By: Sens. Barrett, Suber, McCaughn
To: Jud. B
DIED IN COMMITTEE

Provides that the next of kin of an unmarried law enforcement officer who is killed in the line of duty may be allowed to purchase as his or her personal property one (1) sidearm which was issued to the law enforcement officer by the law enforcement agency by whom he or she was employed at the time of death.

SB 2236
By: Sen. Fillingane
To: Jud. B; Appropriations
DIED IN COMMITTEE

Unrelated Highway Patrol legislation which also “brings forward” Section 45-9-101 of the Mississippi Code, without making any changes. This is a common “place holder” move so that the legislature can make changes to the referenced code at a later date in the legislative process. This code section is the one containing the CCW license provisions. Keep an eye on it. Same as HB 529.

SB 2245
By: Sen. England
To: Jud. B
PASSED FULL SENATE. GOES TO HOUSE.

Authorizes law enforcement agencies to sell seized/forfeited weapons and use the proceeds to purchase equipment for that agency. Probably a bad idea, since it gives LEOs incentive to seize weapons, perhaps without just legal cause. Money should instead go to the STATE’s general fund. Same as HB 1078.

SB 2246
By: Sens. Blackwell, Tate, Younger, Moran, Williams, DeLano, Seymour, Barnett, Whaley, McLendon, Barrett
To: Jud. B
DIED IN COMMITTEE

Mississippi Suppressor Freedom Act. Authorizes manufacture and possession of suppressors in Mississippi and prohibits enforcement of federal laws governing them if they are made and remain in the state. Similar to HB 912.

SB 2347
By: Sens. England, Wiggins, Thompson
To: Jud. B
COMMITTEE SUBSTITUTE PASSED COMMITTEE. GOES TO FULL SENATE.

Allows certain kinds of private hospitals to establish their own police force, with guns, arrest powers, etc. Really bad idea. Same as HB 2023.

SB 2383
By: Sen. Seymour
To: Jud. A
DIED IN COMMITTEE

Basically prohibits state agencies or political subdivisions from contracting out gun or knife control policies.

SB 2407
By: Sen. Norwood
To: Jud. B
DIED IN COMMITTEE

Prohibits the sale of a firearm, handgun, suppressor or destructive device to a minor. We note that the “handgun” term is redundant with “firearm,” and that “minor” is not defined. Felony penalty.

SB 2411
By: Sen. Seymour
To: Wildlife, Fisheries and Parks; Jud. B
DIED IN COMMITTEE

Attempts to clarify what is or is not unlawful road hunting. Doesn’t do a great job.

SB 2742
By: Sen. DeBar
To: Education; Appropriations
DIED IN COMMITTEE

The Mississippi School Safety Guardian Act, which allows school systems to designate certain faculty or staff as armed, and pays them extra. Requires enhanced CCW license and LEO firearms training. Comes with some liability protection for the person and creates a layer of program bureaucracy. It is perhaps worth pointing out that school staff with the enhanced CCW license are already legal to carry in schools. Same as HB 532, HB 1120 & SB 2743.

SB 2743
By: Sen. Hill
To: Education; Appropriations
DIED IN COMMITTEE

The Mississippi School Safety Guardian Act, which allows school systems to designate certain faculty or staff as armed, and pays them extra. Requires enhanced CCW license and LEO firearms training. Comes with some liability protection for the person and creates a layer of program bureaucracy. It is perhaps worth pointing out that school staff with the enhanced CCW license are already legal to carry in schools. Same as HB 532, HB 1120 & SB 2742.

SB 2829
By: Senator McDaniel
To: Accountability, Efficiency, Transparency
DIED IN COMMITTEE

Provides that no department or agency of this state shall enforce any rule or regulation promulgated by any federal agency within the borders of this state unless the enforcement of such regulation is specifically approved by an act of the Legislature.

SB 2832
By: Sen. McDaniel
To: Jud. B
DIED IN COMMITTEE

Provides that all federal acts, laws, orders, rules and regulations, whether past, present or future, which infringe on the people’s right to keep and bear arms as guaranteed by the Second Amendment to the United States Constitution and Article I, Section 12 of the Mississippi Constitution of 1890, shall be invalid in this state, shall not be recognized by this state, shall be specifically rejected by this state and have no effect in this state. Same as SB 2881.

SB 2834
By: Sen. McDaniel
To: Jud. B
DIED IN COMMITTEE

Prohibits public officials in the state from in any way assisting in the implementation of any federal requirement which would ban or restrict any semiautomatic firearm, or register or confiscate any firearm or accessory. Same as SB 2868 & 2884.

SB 2868
By: Sen. Sojourner
To: Accountability, Efficiency, Transparency
DIED IN COMMITTEE

Prohibits public officials in the state from in any way assisting in the implementation of any federal requirement which would ban or restrict any semiautomatic firearm, or register or confiscate any firearm or accessory. Same as SB 2834 & 2884.

SB 2881
By: Sen. Sojourner
To: Jud. B
DIED IN COMMITTEE

Provides that all federal acts, laws, orders, rules and regulations, whether past, present or future, which infringe on the people’s right to keep and bear arms as guaranteed by the Second Amendment to the United States Constitution and Article I, Section 12 of the Mississippi Constitution of 1890, shall be invalid in this state, shall not be recognized by this state, shall be specifically rejected by this state and have no effect in this state. Same as SB 2832.

SB 2882
By: Sen. Sojourner
To: Jud. B
DIED IN COMMITTEE

Second Amendment Preservation Act

SB 2884
By: Sen. Sojourner
To: Jud. B
DIED IN COMMITTEE

Prohibits public officials in the state from in any way assisting in the implementation of any federal requirement which would ban or restrict any semiautomatic firearm, or register or confiscate any firearm or accessory. Same as SB 2868 & 2834.

SB 2885
By: Sen. Sojourner
To: Jud. B
DIED IN COMMITTEE

Legalizes the possession of unregistered suppressors made, purchased and possessed in Mississippi.