Litigation

After the Fifth U.S. Circuit Court of Appeals ruled that it is unconstitutional for a state to ban a person under a domestic violence protection order from possessing firearms (see this post), the Department of Justice is asking the U.S. Supreme Court to overturn the decision and reinstate the federal ban.

Five gun cases out of New York’s federal district courts were heard by a three-judge panel of the Second U.S. Circuit Court of Appeals this week. The five cases are Antonyuk v. Nigrelli, Hardaway v. Nigrelli, Spencer v. Nigrelli, Christian v. Nigrelli, and Gazzola v. Hochul.

Judge Cormac Carney of the U.S. Central District Court of California in Santa Anna, blocked California from enforcing a 2001 state law requiring new semiautomatic handguns to have certain safety features, finding it violates the Second Amendment. The order will not take effect for 14 days to give the state a chance to appeal. The Unsafe Handgun Act in question requires new semiautomatic handguns sold in California to have a loaded chamber indicator, a magazine disconnect, and microstamping technology. Apparently it requires none of those for revolvers, derringers, etc.

Judge Reed O’Connor of the Northern U.S. District Court of Texas, Ft. Worth Division, issued a preliminary injunction in favor of Polymer80 against the ATF’s final rule on unfinished pistol frames and receivers. Now the company has returned to selling kits. The injunction applies only to Polymer80 and its customers. The Court found that the ATF overstepped its regulatory powers by trying to go around Congress. “The statutory context repeatedly confirms that Congress intentionally chose not to regulate ‘weapon’ parts generally. As further evidence, look to § 921(a)(4)(C), which does allow for the regulation of ‘parts.’ But it allows for the regulation only of parts of ‘destructive devices’—one of the four statutory sub-definitions of ‘firearm,'” and “No handgun available in the world has all three of these features,” the judge wrote. The ATF could appeal to the Fifth Circuit, but would lose.

In related news, newly-elected Arizona Attorney General, Kris Mayes withdrew that state’s lawsuit which challenged ATF’s final rule on gun parts. Arizona’s former attorney general, Mark Brnovich, and West Virginia Attorney General Patrick Morrisey led a coalition of 20 states urging the ATF to reconsider and reject the proposed rule that weakens Second Amendment rights by giving the ATF extra-statutory power to regulate firearm parts.

Meanwhile, ATF doubles down (more here).

Knife Rights has filed a lawsuit against the state of California, claiming California law (Cal. Penal Code §§ 17235, 21510, and 21590), which bans the possession, carry, sale, loans, transfers and gifts of automatically opening knives with blades of two inches or more, violates the Second Amendment of the Bill of Rights. You got that right.

Related:

The SCOTUS decision in Caetano v. Massachusetts (2016) stated:

• “The Court has held that ‘the Second Amendment extends, prima facie, to all instruments that constitute bearable arms, even those that were not in existence at the time of the founding,’ District of Columbia v. Heller, 554 U. S. 570, 582 (2008), and that this ‘Second Amendment right is fully applicable to the States,’ McDonald v. Chicago, 561 U. S. 742, 750 (2010). In this case, the Supreme Judicial Court of Massachusetts upheld a Massachusetts law prohibiting the possession of stun guns after examining ‘whether a stun gun is the type of weapon contemplated by Congress in 1789 as being protected by the Second Amendment.’ 470 Mass. 774, 777, 26 N. E. 3d 688, 691 (2015).”

The feds are also getting sued for wrongly prohibiting machine guns.

The Bahamas joined Mexico Wednesday to appeal a federal judge’s November decision to dismiss a $10 billion lawsuit against U.S. gun manufacturers for foreign deaths involving firearms they legally made and sold in the U.S.

Legislation

A bill moving through the Montana Legislature would allow students who are being bullied to fight back in self-defense without repercussions from the school. The real shame here is that such legislation is needed to protect a basic human and constitutional right. If school officials who punish victims were themselves considered bullies or accessories and were fought back against, we wouldn’t have this problem. In other words, whip the snot out of the faculty and school board members who punish victims.

Gun ban history

• The History of Bans on Types of Arms Before 1900

Mass shootings

• Some in the New York state assembly are proposing to deal with “mass shootings” by redefining the term “mass shooting.” It’s just a money ploy and has nothing to do with crime prevention.
• More.

In reality, none of this matters. If someone is shooting people around you and coming for you, the problem – and its solution – is the same no matter what anyone calls it. Be prepared for the problem, not the definition.

Enemies

• Medical facilities in New Hampshire, Delaware, Massachusetts, and Oklahoma used the FBI-supplied forms to have patients sign away their firearms rights between 2011 and 2019.
• We have unconfirmed but believable reports of FBI agents showing up at people’s workplaces to talk to them about their politically incorrect but non-threatening social media posts or public speaking. If they want to talk to you, don’t.
• ATF’s warrantless tracking.

NC State Rifle Program Discontinued

North Carolina State University announced on Tuesday that it would discontinue its rifle team after the 2022-2023 season. It is currently the only sport at the university in which male and female athletes compete equally against one another. The Wolfpack has been one of just 22 rifle programs in the NCAA. This is apparently due to lack of money, not because of any anti-gun bias.

NRA

• Continues to violate the first rule of holes.
• One sage commenter notes that it is hard to believe that Randy Kozuch would get the appointment as Interim Director of the NRA-ILA after Director Jason Ouimet left, unless Kozuch is a LaPierre acolyte.
• And founders in Florida.
• But it won’t be around much longer in its current guise.

“…in the interests of the Association and our members.” Right.

The Only Ones

Reports from Uvalde show police waited to breach the classroom because the killer had a combat rifle that could penetrate their armor and they were too scared. Numerous police officers from various departments explained the reason they cowardly abandoned protocol for confronting mass shooters is that they heard other officers on the radio saying the attacker had an “AR-15” or an “AR.”

“You need fighter jets to take on the government”

“This one deadly rifle held 400~ LEO & federal agents at bay for two hours”

Pick one. https://t.co/4Lq6JUmj9x

— Shadz (@Shadzey1) March 20, 2023

DGUs

• American’s 1st Freedom – The Armed Citizen – March 17, 2023
• American Rifleman – The Armed Citizen – March 17, 2023
• American Rifleman – The Armed Citizen – March 20, 2023

GFZs

After New York City designated Coney Island among its new “gun free zones” in the wake of Supreme Court decisions overturning earlier unconstitutional NY gun laws, it seems that didn’t work so well. Of course the new law is unconstitutional as well.

Related

Tyree Moorehead, the creator of Baltimore’s “no shoot zones,” spray-painted anti-violence messages in over 200 locations across Baltimore in spots where people were fatally shot. Last Sunday Moorehead himself was warned and then fatally shot by a police officer while he was holding a knife and assaulting a female on the ground in broad daylight just a block away from one of his own messages.

Tactics & stuff

• Intervene, or not?
• Food for thought: Get out. Don’t be a good witness.
• Hand Clenches Leading to Accidental Discharge.

One thing I would add to this is that it seems to me that a LOT of folks, especially cops, run around with pistols in-hand without good reason to even draw the gun from the holster, let alone run around with it. If it’s in the holster, it matters little what your trigger finger is doing.

• A Woman’s Response to Concealed Carry Advice
• 11 Everyday Safety Tips
• PAY ATTENTION

Obit

• John Linebaugh.

Products

• The Great Enabler Song – As heard on Tom Gresham’s Gun Talk.
• We have reports that some people with Smith & Wesson M&P22 Compact pistols are having a LOT of trouble removing the barrel nut/thread protectors. Caveat emptor.
• Gun Deal: ANDERSON AM-15 5.56 Bravo Co. BCM GUNFIGHTER Rifle + Magazine $394.39 shipped.
• Colt’s new King Cobra Target revolver is a 10-shot stainless steel model chambered in .22LR and available with a 4″ or 6″ barrel. $1,000.
• Savage Arms has joined the very long list of 1911 pistol makers with 9mm and .45 models in railed or plain configurations with three finish options. All are 5″ guns so far. $1350-$1500.
• Girsan’s new MC 14 T, imported by EAA, is a tip-up .380 pistol that will fill a niche with folks who have problems loading and working the slide on most autopistols. 13+1, 3.88″ barrel, 6.8″ OAL, 22.4 oz., $500. Shipping next month.
• The Davide Pedersoli 86/71 Droptine lever rifle. Awesome.
• CZ announced that the P-10 M price has recently been reduced to $299, the P-10 S, C, and F have been reduced to $399, the P-10 S, C, and F Optics-Ready guns reduced to $449, and the P-10 Optics-Ready Suppressor-Ready C and F models have been reduced to $499.
• Legacy Sports International’s new Pointer Side–By–Side Shotgun lineup for 2023 feature a Turkish Walnut stock, chrome-lined barrels with 3″ chambers, 12 & 20 gauge options, 5 interchangeable choke tubes, and manual extractors. No weight given. $700. Legacy has some other cool stuff too.
• Wooden revolvers. Not for sale. Just wow.

Maximum usage

• Ukrainian troops use 19th century machine gun to repel Russians in Bakhmut

What I’m reading.

2023 MS Gun Bills

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

Next deadline: March 27 for conference reports to be filed.

http://www.legislature.ms.gov/legislation/ (Apparently requires Microsoft Edge browser.)

3/23/2023

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
DIFFERENT VERSIONS PASSED HOUSE & SENATE. GOING TO CONFERENCE.

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
DIFFERENT VERSIONS PASSED HOUSE & SENATE. GOING TO CONFERENCE.

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.

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
DIFFERENT VERSIONS PASSED HOUSE & SENATE. GOING TO CONFERENCE.

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
DIFFERENT VERSIONS PASSED HOUSE & SENATE. GOING TO CONFERENCE.

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. Amended version allows for contracted security vendors and prohibits use of the designated funds to pay the extra stipend to vendors’ employees. 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. Really bad idea.