Legislation
Action item: The House Judiciary Committee vote on the bill (H.J. Res. 44), to repeal President Biden’s unconstitutional pistol brace rule, was postponed after Democrats plotted to hijack the process to politicize the recent tragic shooting in Nashville. You can take action here.
Litigation
We previously reported that a panel of the Fifth U.S. Circuit Court of Appeals had ruled that it is unconstitutional for a state to ban a person under a domestic violence protection order from possessing firearms and that the Department of Justice was appealing to the U.S. Supreme Court to overturn the decision and reinstate the federal ban. We now have a report that the full Fifth Circuit has ruled the same way en banc on the case, and that the federal government is not appealing.
Second U.S. Circuit Court’s Review of Cases Challenging New York’s Concealed Carry Improvement Act
“Under Bruen and Heller, the irreducible minimum of the Second Amendment is this: States may not ban arms that millions of Americans possess for lawful purposes.” – Paul Clement
(However, we see nothing in the Second Amendment limiting its protection to arms in “common use.”)
Meanwhile in Delaware, Federal District Judge Richard G. Andrews erroneously found the state’s ban on AR-15s, AK-47s, and similar firearms is consistent with the Second Amendment, despite finding (pdf link) that the guns and magazines they target are in common use for self-defense. In fact, a recent national poll found that about one in sixteen (the linked article title is erroneous) American adults own an AR rifle, with nearly half of those living in the South.
California blinks on microstamping?
Buried in California’s appeal of the decision handed down recently in Boland v. Bonta, CRPA’s case challenging the “safe” handgun roster, CRPA found that the state pushed back on the court’s ruling against the roster’s requirements of a chamber load indicator and a magazine disconnect mechanism, but there was no mention of microstamping; the third – and fatal – requirement in the law.
Miscellaneous
Enemies
“We’re talking about weapons of different destructive capacities, but at the end of the day, a gun is a gun. And as we’ve seen too many times over the years, any gun can kill a child.” – David Pucino, deputy chief counsel at the gun-banning Giffords Law Center
The Indianapolis Metropolitan Police Department has quietly tested every single recovered firearm – even those not used in the commission of crimes – without probable cause or a search warrant FOR AS LONG AS ANYONE AT THE DEPARTMENT CAN RECALL.
The Bidens. Play the 1-minute video.
More Big Fat Biden Lies.
During a stop in North Carolina on Tuesday, President Biden said the weapons used in the Nashville school shooting on Monday were “weapons of war” and that the right to bear arms is not absolute. “You’re not allowed to go out and own an automatic weapon. You’re not allowed to own a machine gun. You’re not allowed to own a flamethrower,” lied Shotgun Joe. I wonder if we can get the FBI to question him, so he can lie to them and go to jail for it.
And in his first public appearance since a 28-year-old woman shot and killed three students and three teachers at a Christian private elementary school in Nashville, President Biden said from the White House’s East Room, “My name is Joe Biden. I’m Dr. Jill Biden’s husband. I eat Jeni’s ice cream — chocolate chip. I came down because I heard there was chocolate chip ice cream,” he continued. “By the way, I have a whole refrigerator full upstairs,” he added. “You think I’m kidding? I’m not,” Biden told the crowd.
ATF running amok.
More.
And then there’s Waco. I watched it burn on live TV 30 years ago. The government said they didn’t start the fire, but they had no peaceful way to take David Koresh into custody (even though they had no legal reason to do so). I disagree.
False stats.
We’ve been hearing a lot since the Nashville school shootings about how guns are “the leading cause of death” for children. Nope. Using the CDC’s numbers, the number of firearm-related deaths for children ages 0-17 was 2,281 in 2020, while the number of motor vehicle deaths for the same ages was 2,503. But the leading cause by far was murder by abortion. In 2020, 49 states recorded over 600,000 such procedures. We don’t know how many thousands more occurred in California, which advertises itself as an abortion “sanctuary” state.
NRA
- Jeff Knox weighs in again on the scandal.
- More and more here.
The trial in New York begins June 8.
The Only Ones
Mexico’s top cop convicted.
Former Highland County, Ohio deputy sheriff Jonathon “Dustin” Malone has pled not guilty to one count of reckless homicide, a third-degree felony. After a police chase, Malone walked up to the suspect/victim’s vehicle with his baton in his right hand and his firearm in his left hand. Malone was right-handed and as the officer smashed the vehicle window with the baton in his right hand, the firearm in his left hand discharged with a bullet fatally striking the victim.
DGUs
- The Armed Citizen – American Rifleman – March 27, 2023
- The Armed Citizen – American’s 1st Freedom – March 24, 2023
- The Armed Citizen – American Rifleman – March 24, 2023
UPDATED: Compiling Cases where concealed handgun permit holders have stopped likely mass public shootings.
GFZs – Nashville
Tennessee schools. We have reports that Tennessee law makes it illegal for school personnel to be armed* and that the Nashville school murderer switched targets to the less well defended private school, because “her” first choice of another Nashville school had “too much security,” according to the chief of Metro Nashville PD, based on the murderer’s statement to that effect in “her” extensive manifesto. Lesson: Provide “too much security.”
“If one of the first adults to face the deadly intruder had been armed and knew how to use a gun, it might well have been over in fourteen seconds, not fourteen minutes.” – Mas Ayoob
Perhaps the Tennessee lawmakers who set up this fish-in-a-barrel situation should be criminally charged for their actions. Meanwhile, a bill that would allow school staff to carry concealed handguns on school grounds is being considered by the Tennessee legislature.
*Places Off-Limits Even With a Permit/License (TN 39-17-1309)
- Any public or private school building or bus, on any public or private school campus, grounds, recreation area, athletic field or any other property owned, used or operated by any board of education, school, college or university board of trustees, regents or directors for the administration of any public or private educational institution.
- It is a criminal offense to possess or carry weapons, including firearms, on those portions of the property of a religious institution being used for school purposes.
Meanwhile, Trans Activists Called For “Day Of Vengeance” Before Nashville Shooting. Related? Perhaps.
The Marshall Project
New study sees Chicago harassing and arresting people – mostly black people – for paperwork violations, damaging their ability to live and work, without demonstrable effect on gun violence.
Meanwhile the author is accused of plagiarism.
Schools
The Rangemaster April newsletter (pdf link) is out.
Gunsite offers quite a few classes on-the-road.
Tactics & stuff
- Wheelchairs & guns.
- Mugging.
- Something to consider at CCW restrictive locations.
- History of Combat Shotguns.
- Interview with Massad Ayoob.
Products
Oh Happy Day! Standard Manufacturing has resurrected the Colt Woodsman .22 pistol, which was discontinued by Colt in 1977. Starting at $1300.
I once was at a gun range several decades ago when an old guy handed me his original Woodsman and said something to the effect, “Here, you have younger eyes – see what you can do with it.” Though not a particularly skilled shooter, I proceeded to smack a standard 12 oz. Coke can repeatedly offhand at 100 yards with the pistol. He refused to sell it.
Sturm, Ruger & Company, Inc. has resurrected the Marlin Model 336 Classic, in .30-30 Win. $1239.
EAA is importing the new MC1911 C by Girsan, which is a compact 1911 in 10mm with a 9+1 capacity. 4.4″ barrel, 2.35 lbs. Four color combinations. $757.
Can’t afford a 12 ga. pump shotgun for home defense or pest control? Yes you can. Just $130.
JK Armament’s new JK 195 SGX 12G and VERSAX 12G Shotgun Suppressors mount to your shotgun by utilizing existing choke tube threads to mount the CDMR (Choke Replacement Muzzle Device). The JK Bald Eagle 12ga mounting system is available for most common choke tube thread patterns. The Bald Eagle 12ga is a cylinder choke located in the end cap of both the VERSAX12 and SGX12. They ship with an improved cylinder choke and additional chokes will be available for purchase. A Silencer Shop exclusive. I’ll be glad when a competent court rules that suppressor restrictions and taxes are unconstitutional.
2023 MS Gun Bills
Summary of gun related bills still alive this legislative session. NOT guaranteed complete.
Our session is essentially done, barring a veto. The actual session is likely to be extended due to unfinished money work.
http://www.legislature.ms.gov/legislation/ (Apparently requires Microsoft Edge browser.)
3/29/2023
FINAL TALLY
HB 281
By: Rep. Currie
To: Jud. B
AMENDED VERSION PASSED LEGISLATURE AND SIGNED BY THE GOVERNOR.
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 529
By: Rep. Bain
To: Jud. B
CONFERENCE REPORT ADOPTED. GOES TO GOVERNOR.
Unrelated Highway Patrol legislation that 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. Modifications so far have to do with record keeping and computers, insurance, and mail-in CCW license renewals.
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
PASSED CONFERENCE. GOES TO GOVERNOR.
Authorizes manufacture and possession of suppressors in Mississippi and prohibits state enforcement of federal laws governing them if they are made and remain in the state. Also removes slingshots from the general prohibited CCW statute.
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
CONFERENCE REPORT ADOPTED. GOES TO GOVERNOR.
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. Also prohibits Mississippi governments and agencies and employees or any other person, public or private, from knowingly and willfully keep or cause to be kept any list, record, or registry of privately owned firearms or any list, record, or registry of the owners of those firearms, with an exception for criminal investigations. 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.
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
CONFERENCE REPORT ADOPTED. GOES TO GOVERNOR.
Mississippi School Protection Act. 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. Note that school staff and anyone else with the enhanced MS CCW license are already legal to carry in schools.
SB 2347
By: Sens. England, Wiggins, Thompson
To: Jud. B
PASSED LEGISLATURE & SIGNED BY THE GOVERNOR.
Allows certain kinds of private hospitals to establish their own police force, with guns, arrest powers, etc. Still a really bad idea.
What I’m reading.
