Litigation
(Kim) Rhode v. Bonta is a federal case challenging California’s bizarre ammunition sales restrictions, which forbid residents from purchasing ammunition online or bringing ammo purchased out-of-state into California. Instead, residents are forced to purchase ammunition in person and go through a background check before taking possession. Visitors to California aren’t allowed to bring ammo with them, and the only way they can buy ammo once they get there is to purchase and use the ammunition at a licensed range.
The Second Amendment Foundation and one of its members, Donald S. Willey, a 64-year-old Marine Corps veteran, have filed a federal lawsuit (read the suit – pdf link) in U.S. District Court for Maryland, challenging the so-called “red flag” law enacted by the State of Maryland five years ago. Defendants are Maryland Attorney General Anthony G. Brown, Dorchester County, Dorchester County Planning and Zoning Director Susan E. Webb, and Dorchester County Sheriff James W. Phillips. All three are sued in their official capacities, and Webb is also being sued personally.
The gun industry trade group does not have standing to challenge a New Jersey law allowing lawsuits against the gun industry, according to a three-judge panel for the Third Circuit Court of Appeals which overturned a lower court decision blocking New Jersey’s “public nuisance” law allowing the state’s Attorney General to sue gun dealers and manufacturers for crimes committed – by others – with firearms. The panel found that the National Shooting Sports Foundation (NSSF), an industry trade group, could not challenge the law since the industry has not yet been sued under it.
Lowell District Court (MA) Justice John F. Coffey dismissed a criminal case (read the decision – pdf link) against a New Hampshire man charged with carrying a firearm without a license in Massachusetts, finding the state’s requirement that non-residents obtain a temporary license to carry in Massachusetts violates the Second Amendment. “An individual only loses a constitutional right if he commits an offense or is or has been engaged in certain behavior that is covered by 18 USC section 922,” Judge Coffey wrote in Commonwealth of Massachusetts v. Dean F. Donnell. “He doesn’t lose that right simply by traveling into an adjoining state whose statute mandates that residents of that state obtain a license prior to exercising their constitutional right. To hold otherwise would inexplicably treat Second Amendment rights differently than other individually held rights.” (We will point out here that any required government permission slip for the exercise of a constitutional civil right – anywhere – is prima facie unconstitutional. The Second Amendment DOES NOT say “the right of the people who have government licenses to keep and bear arms shall not be infringed.” – JP)
Judge Jed S. Rakoff for the U.S. District Court for the Southern District of New York has ruled that the federal statute criminalizing the possession of a firearm after a felony conviction doesn’t violate the Second Amendment, saying that a ruling of the U.S. Court of Appeals for the Second Circuit that the law is constitutional is still good precedent. Of course that ruling conflicts with other circuits. Jonathan Davila, who was indicted on one count of possession of a firearm after a felony conviction, argued that the law is unconstitutional because there is no Bruen-standard “tradition of distinctly similar founding-era regulations.”
NRA
The Only Ones
An unidentified IRS agent “accidentally” shot and killed another veteran IRS Special Agent with the agency’s Criminal Investigations unit during “routine training” at a federal firing range in Phoenix last week. We hear that it was likely an annual qualification shoot rather than the reported training. The FBI is investigating and has advised that details of that process will not be released, probably to cover it up. There is no report of an ongoing criminal investigation.
Fontana, CA, Police said that off-duty Los Angeles County sheriff’s deputy Alejandro Diaz, 45, was fatally shot after he pointed a gun at police officers responding to a golf course last week. Officers had responded to the scene after getting a report of shots fired in a home in the area. Police believe Diaz fired the shots in the home before leaving the scene with two handguns and going to the golf course, where they found him. Officers said they tried talking to Diaz but that he pointed a gun at them. Multiple officers then fired at Diaz, who was pronounced dead at a nearby hospital.
John Snowling, a retired sergeant from the Ventura Police Department reportedly killed three people and wounded six others Wednesday night at a landmark biker bar in Orange County, CA. Apparently his wife was the primary target. Deputies responded in two minutes and then someone killed Snowling.
Liars
Enemies
DGUs
- Miami homeowner shoots at police, isn’t arrested. Don’t try this at home.
- Woman kills registered sex offender trying to break into her home
- Concealed carry holder flips the script during attempted carjacking, shoots suspect and accomplice
- The Armed Citizen – American Rifleman
- Not a DGU. “Only those who disobeyed survived.”
I am not a lawyer and this is not legal advice. However, it seems to me that victims attempting to escape certain death from a wildfire would be very much justified in using whatever force necessary – including deadly force – to remove people who are knowingly and intentionally keeping them from escaping.
Boys. By Will Dabbs.
Full disclosure: I have read Beard’s book and his biography and went on to become an Eagle Scout. Dabbs is right, as usual.
Tactics & Stuff
- The Rules. A reminder.
- In situations where a defender has a suspect in his rifle sight with the safety off and his finger on the trigger, the defender cannot pull the trigger before the suspect could move a gun toward the defender or another, aim and fire.
- Snake bites.
“Be aware that several species of North American rattlesnake have the potential to cause neurotoxic effects, most notably the Mojave rattlesnake, tiger rattlesnake, Southern Pacific, and some populations of timber/canebrake rattlesnakes.”
- Driving
- Upside-down twisted holster thongs. Interesting.
Products
“The last three new J-frames I’ve purchased have come broken from the factory and had to go back after firing the first cylinder. As much as I love Smith and Wessons, I can’t recommend their new revolvers anymore. I think most shooters are better off with a Ruger LCR.” – Trainer Greg Ellifritz
Kimber has announced a new retroactive limited lifetime warranty. This new warranty is available to all new Kimber firearms owners, and original Kimber owners can go online to the Kimber website and register their firearm to be covered by this new Lifetime warranty for free, provided they produce a copy of the original purchase receipt – from now through December 31, 2023. Previously all Kimber firearms carried a one-year warranty against defects in workmanship from the manufacturer.
Trijicon has announced that now through Oct. 31, 2023, customers who purchase any new REAP-IR or IR-HUNTER through a Trijicon Electro Optics retailer, will be eligible to receive a free Trijicon Tenmile riflescope.
The Forward Controls NVTS (Nautilus Variable Timing System) is an interesting solution to timing muzzle devices without shims or crush washers.
Vang Comps “Chair Cover” Discreet Shotgun Case
Quote
“What if grasshoppers had machine guns? Then birds wouldn’t mess with them!” – unidentified USMC gunnery sergeant