A new report by the Crime Prevention Research Center (CPRC) finds that the FBI’s Active Shooter Reports have massively underestimated the number of times armed civilians have stopped active shooter attacks. The CPRC analysis found that armed citizens stopped 157 of the 440 active shooter incidents that occurred between 2014 and 2022, a rate of 35.7%. This is significantly higher than the 4.6% rate reported by the FBI.
“The FBI’s Active Shooter Reports have significantly underestimated the number of times armed civilians have stopped active shooter attacks,” said John Lott, the CPRC’s president. “This is important information that the public needs to know in order to make informed decisions about gun policy.”
The Crime Prevention Research Center’s data forcefully highlights that the media’s primary sources have grossly undervalued the number of times armed citizens intervened in potential attack scenarios, overshadowing their life-saving acts by a factor greater than ten. Far from being an anomaly, armed citizens stopping these threats are more common than we’re led to believe. Yet, their heroics are all too often sidelined in national news coverage. While there are occasional implications in the news that using guns defensively might pose risks to others, no concrete evidence supports this biased claim.
The FBI’s official records indicate that from 2014 to 2022, armed citizens intervened in only 14 out of the 302 active shooter events they’ve identified. Their definition of such incidents centers on scenarios where an individual attempts or succeeds in killing others in populated public spaces, conveniently excluding situations associated with other crimes like robberies or territorial disputes over drugs.
An earlier report honed in solely on cases where armed individuals halted probable mass public shootings. An additional 27 scenarios where armed citizens preemptively acted against attackers—despite the absence of gunfire from the assailant—were not counted. Although these cases were left out, one could fiercely argue that these citizens indeed averted potential active shooting catastrophes.
The CPRC report found that the FBI’s reports have misclassified several active shooter incidents as non-active shooter incidents and that the FBI has also overlooked a number of incidents where armed citizens stopped attacks. For example, the FBI’s report on the December 2019 attack on the West Freeway Church of Christ in White Settlement, Texas, does not list this as an incident of “civic engagement.” Instead, the FBI lists this attack as being stopped by a security guard. However, a citizen volunteer parishioner was the “guard” who provided “security” during worship and who fatally shot the perpetrator.
The CPRC study revealed that the FBI’s data overlooks the number of active shooter events in gun-free zones, areas where carrying firearms is restricted for law-abiding individuals.
“The FBI’s reports are not accurate because they do not take into account the number of active shooter incidents that occur in gun-free zones,” said Carl Moody, the CPRC’s research director. “This is a serious problem because gun-free zones make it more difficult for armed citizens to stop active shooter attacks.”
The Crime Prevention Research Center report’s findings are significant because they suggest that armed citizens play a much larger role in stopping active shooter attacks than previously thought. The report’s findings also call into question the accuracy of the FBI’s Active Shooter Reports.
The report’s authors emphasize the need for the FBI to reevaluate its classification of what constitutes an active shooter incident and to refine and improve the way they document such events.
“The FBI needs to revise its definition of an active shooter incident and improve its reporting of active shooter incidents,” said Lott. “They also need to stop ignoring the role that armed citizens play in stopping these attacks.”
Eliminating Joe Biden’s signature gun-free zone law would go a long way to making it more difficult for armed citizens to stop active shooter attacks.
]]>In June of 2022, Gilbert Grooms was confronted and threatened at his job in the presence of his wife and children. He refused to fight hand-to-hand with a younger, brutal, and violent man. When the man continued to confront him and come at him, he used a shotgun to stop the assault.
A South Dakota man facing six felonies in connection with a June 2022 shooting at the Sheridan County Livestock Sale Barn in Rushville has been acquitted.
After a four day trial, a Sheridan County District Court jury on Thursday found 45-year-old Gilbert Grooms not guilty of Attempted Murder, First Degree Assault, Terroristic Threats, plus three Felony Firearms charges that had been filed in the case.
Almost all information to be found about the case on the Internet was from the prosecution. I wondered what had persuaded a jury to acquit Gilbert Grooms of all charges in only two and a half hours, which included lunch. It must have been a powerful defense. I contacted the attorney for the defense in the case, Tim Rench. He explained what the jury had heard.
Gilbert Grooms is a rancher with two children and a loving wife. He is 46 years old. He has had numerous injuries and surgery from working with horses, which have left him with metal screws in his shoulder and a broken vertebra. These injuries limit his balance and ability to act quickly. He lives on the Pine Ridge Indian reservation near the southern border of South Dakota.
About two years before the assault, Gilbert was repeatedly threatened by a friend of his deceased brother.
The adversary is a 35-year-old professional rodeo performer/competitor who also lives on the Pine Ridge Indian Reservation. He is a known violent and brutal man who is very strong and tough, and has beat up numerous people in uninhibited fighting. The toughest man Gilbert Grooms knew had been knocked out by the person who threatened Gilbert. Gilbert wanted nothing to do this adversary, and avoided him.
Gilbert’s reputation is different. Gilbert is a church-attending family man. His neighbors and associates have nothing but praise for him. He is known for his honesty. Besides his ranch, he has been employed at the Sheridan County Livestock Sale Barn, about 30 miles south, across the border in Nebraska, for 27 years. He runs the horse auction at the Sale Barn every month, which involves considerable preparation and expertise. Here is a video of Gilbert in a testimonial for special wheels and tires designed for ranchers in 2016.
Video of Gilbert Grooms in 2016.
On the day of the assault, Gilbert was running the horse auction, a busy day. His wife and teenage daughters (13 and 16) had driven down in a separate vehicle. His daughters sometimes helped him with the auction. At the end of the auction, Gilbert offered to take them out to pizza. His family was waiting in the parking lot of the auction. As part of his job, Gilbert had to take a loadout sheet to a customer across the parking lot.
As Gilbert crossed the parking lot, he noticed his antagonist in a truck with a trailer, not too far from where his wife and children were waiting. The antagonist had been sitting in the truck for hours with his brother-in-law, drinking beer. The brother-in-law had gone into the auction to take possession of a check for the sale of a bull. Gilbert avoids his antagonist, delivers the loadout sheet, and makes some small talk, hoping the pair will drive away. They did not drive away.
Gilbert walks back, avoiding the pair and the truck, but the two men call him over. As customers of the auction, and in the interest of being polite, Gilbert approaches the truck and asks if they need anything. His antagonist sticks out his hand for a handshake. Gilbert, hoping to put the two years of apprehension behind him, takes his hand. His adversary grabs him and partly pulls him into the truck. Gilbert is able to break free.
The adversary challenges Gilbert to fight. Gilbert says he doesn’t want any trouble. Gilbert says he is willing to put everything aside if the adversary is willing to. The adversary jumps out of the pickup truck driver’s seat and says he is going to “f*ckin” kick Gilbert’s head in front of Gilbert’s children. Gilbert repeats that he does not want any trouble. Gilbert avoids the adversary and goes to Gilbert’s truck, which is about 30 yards away from his adversary and away from where his wife and children are parked. The adversary’s vehicle is parked between the Gilberts’ vehicles. If there is to be a violent confrontation, Gilbert doesn’t want his children involved. He has a bad feeling about what is happening.
At his truck, Gilbert quickly loads his shotgun with seven rounds of 00 buckshot. As he is doing this, the adversary gets back in his truck and spins through the large parking lot, with lots of people in it, throwing gravel about. It is a dangerous move. As the truck takes off, Gilbert lays the shotgun on the fender of Gilbert’s horse trailer. He hopes his opponent is leaving. The adversary doesn’t leave. He comes around and slams on the brakes to come to a halt in front of Gilbert’s truck. The adversary jumps out of the truck and tells Gilbert, as he approaches, “I am going to kill you and your whole family. ” Gilbert raises his shotgun. The adversary keeps coming at Gilbert. Gilbert fires in the dirt in front of him. The adversary runs back toward his truck.
Gilbert, knowing his opponent has a reputation for having guns and other weapons, shoots through the opponent’s truck windshield to keep him from accessing the inside of the truck. Then Gilbert puts a round through the truck radiator to keep his opponent from using the truck as a weapon against Gilbert, his children, or others. The adversary moves toward the back of his horse trailer and then doubles back toward Gilbert. As Gilbert raises the shotgun, the man starts to turn, to dive between the truck and trailer. Gilbert’s shot takes him in the left buttock area as he turns. There is some back and forth around the truck and trailer. Then, the adversary charges Gilbert, and Gilbert shoots him in the groin area. This slows down the adversary, and the adversary goes to the back of his horse trailer and sits down. Gilbert tells him to stay put until the authorities arrive. The adversary tells Gilbert, again, that he will kill Gilbert and his whole family. Gilbert tells the adversary if he tries this again or harms his family, Gilbert will do the same thing he just did.
At this point, law officers arrive. Gilbert hands the shotgun over to them willingly. The street fighter says: “I just wanted to fight! I just wanted to fight!”. Gilbert repeats his promise: if you harm my family, I will do this again. At the end of the video, the adversary says: “Hey Gilbert, maybe next time, you won’t be so lucky.”
Gilbert was charged with attempted murder, first-degree assault, three weapons charges in the commission of a felony, and terroristic threats.
When the police showed up, The adversary’s brother-in-law left the area. He avoided being questioned or searched at the scene. Later, the defense team found a .45 caliber cartridge inside the cab of the adversary’s truck.
The party who is attacking you does not need to have a weapon to be a deadly threat. The adversary could and had done great damage to others with his hands and feet. He testified he would do anything to win a fight. His truck was a potential weapon. Because the adversary’s brother-in-law fled the scene, it is impossible to know if there was a firearm in the adversary’s truck. Gilbert was reasonably afraid of death or paralysis by the man who made himself Gilbert’s enemy and the potential death of his children. Gilbert feared if the adversary was pounding him on the ground, his 13 and 16-year-old daughters would have tried to come to his rescue and could have been killed or severely injured by the adversary.
I asked Tim Rench how the adversary was not killed after being hit with two rounds of 00 buckshot. The man was not killed because Gilbert spared his life. Gilbert shot to disable instead of to kill. Gilbert took the stand in his own defense.
The jury was convinced. They took two and a half hours, including lunch, and acquitted Gilbert of all charges.
Why was Gilbert prosecuted? Tim Rench indicated the prosecution took the peculiar position a person could not legitimately use a firearm to defend against someone who did not show a weapon in their possession. This goes against precedent and the clear reading of the law. It is the same argument used by the prosecution when Kyle Rittenhouse was prosecuted for self-defense in Kenosha, Wisconsin. In that case the prosecutor, Thomas Binger, claimed a person armed with a firearm could not legally defend themselves against a person who was not armed with a visible weapon. The claim is false. The critical point is whether a person reasonably believes their life or bodily integrity is in danger, not what weapons the attacker may or may not possess.
The Gilbert Grooms case is a classic example of the doctrine of disparity of force. You have a known skilled, strong, and tough street fighter against a man with serious skeletal and neurological weakness who is more than a decade older. The defender knows he is unlikely to withstand a severe beating without being injured or killed. His use of a firearm to defend his life, bodily integrity and children is reasonable.
The jury agreed.
The lack of news coverage raises the question: How many similar cases happen that are overlooked outside of brief local stories? This case came to light because the prosecutor decided to charge Gilbert. Gilbert chose to take it to a jury trial, and the jury did their job. This article was possible because a defense attorney was willing to talk on the record. It may never have made news if the prosecutor chose not to file charges, if Gilbert had taken a plea deal, or if the jury would have found Gilbert guilty. Gilbert’s defense would never have been known if this correspondent had not found Tim Rench and Tim Rench had agreed to an interview.
About Dean Weingarten:
Dean Weingarten has been a peace officer and military officer, was on the University of Wisconsin Pistol Team for four years, and was first certified to teach firearms safety in 1973. He taught the Arizona concealed carry course for fifteen years until the goal of Constitutional Carry was attained. He has degrees in meteorology and mining engineering and retired from the Department of Defense after a 30-year career in Army Research, Development, Testing, and Evaluation.
]]>Gabriel Metcalf is being held in federal custody without any prior convictions, violence, threats, or use of a weapon. He is incarcerated because he exercised his First and Second Amendment rights.
In the affidavit of a criminal complaint for the arrest of Gabriel Metcalf in Billings, Montana’s Gun-Free School Zone case, ATF Task Force officer and Billings Police officer Dustin Stroble wrote the following:
Per dispatch narrative, METCALF lives at 430 Broadwater and patrols his yard due to a protection order he believes is in place and is trying to protect his mother.
Dustin Stroble may be casting doubt about the existence of a restraining order/protection order in this case. The “he believes” language implies other people, such as the police, believe differently. As shown in a previous article, there is documentary evidence of an order of protection that was granted on August 31, 2022. The Order of Protection is valid until August 29, 2032. Gabriel Metcalf’s mother, Vivian, has confirmed there were numerous contacts with the Billings Police Department since that time, complaining about multiple violations of the restraining order/order of protection in the past year. Moreover, Vivian states David Lee Carpenter was arrested for violations of the restraining order on 31 July 2023 and released on bond within a day.
The four other convictions include two for violations of the order of protection and two for Privacy of Communications, Montana Code Annotated 45-8-213 (1) (a). The privacy of communications violations involved a victim identified as C.U. The privacy of communications code involves threats:
(a) with the purpose to terrify, intimidate, threaten, harass, or injure, communicates with a person by electronic communication and threatens to inflict injury or physical harm to the person or property of the person or makes repeated use of obscene, lewd, or profane language or repeated lewd or lascivious suggestions;
Complaints about David Lee Carpenter’s threats and active attacks started about a year before the issuance of the Order of Protection in August of 2022. He was arrested and convicted of five misdemeanors by November of 2022. He was ordered to wear a GPS-tracking ankle monitor. Afterward, another warrant for his arrest was issued, and he was arrested on that warrant on July 31, 2023, and released on bail without a GPS tracker.
The Billings Police Department has about 162 sworn officers. The Order of Protection case involving David Lee Carpenter has been ongoing for over two years, with two separate arrests and five misdemeanor criminal convictions. The Billings Police Department headquarters is about a mile from the 430 Broadwater address of Gabriel Metcalf and his mother, Vivian.
On the basis of the affidavit and criminal complaint, federal Magistrate Judge Timothy J. Cavan granted a pre-trial order of detention for Gabriel Metcalf. This means Gabriel will be held in jail without the possibility of bail until the trial, which could be years. While the real offender, David Lee Carpenter, remains free.
The evidence of an active, ongoing Order of Protection, the five convictions of David Lee Carpenter, and the complaints of numerous credible threats were not presented to Judge Cavan. They may aid in a defense plea to allow bail for Gabriel Metcalf.
Vivian, Gabriel’s mother, is deprived of the help of her son while he sits in jail with no bail in sight. She is poor as a church mouse, in part because of two years of a terror campaign by David Carpenter with several unidentified confederates, in part because of two months of COVID/pneumonia where neither she nor Gabriel could work. She has set up a GiveSendGo account to aid in Gabriel’s defense and to keep the utilities on in her modest home. At 71, Vivian continues to work part-time and to take in alterations at her small alterations shop. Her home and pets remain at risk.
The addition of 11 words to the Act in 1996 has been enough to have 5 of 8 circuits who have ruled on it since 1996 claim the 11 words cured the constitutional defect. The Ninth Circuit, which includes Montana, is one of those five circuits. Three other circuits have maintained the GFSZA continues to be unconstitutional. The opportunity for a clear challenge may be lost if Gabriel becomes desperate enough to succumb to a plea deal in order to get out of jail and help his mother.
About Dean Weingarten:
Dean Weingarten has been a peace officer, a military officer, was on the University of Wisconsin Pistol Team for four years, and was first certified to teach firearms safety in 1973. He taught the Arizona concealed carry course for fifteen years until the goal of Constitutional Carry was attained. He has degrees in meteorology and mining engineering, and retired from the Department of Defense after a 30 year career in Army Research, Development, Testing, and Evaluation.
]]>Massachusetts “An Act Modernizing Firearm Laws,” House Docket 4420, does nothing to reduce gun violence in the Bay State and instead will turn virtually all law-abiding sportsmen of any age into felons.
In June, HD.4420 was sent to the Judiciary Committee, and Speaker Ron Mariano attempted to push this massive gun control bill through before summer recess. Due to a procedural disagreement with the Senate and caucus member concerns, however, HD.4420 stalled.
Currently, Massachusetts’ HD.4420, “An Act Modernizing Firearm Laws”:
Even Massachusetts Chiefs of Police and many local departments are raising serious concerns over HD.4420. Plymouth Police Chief Dana Flynn wrote a letter stating;
“Despite claims this bill attempts to stem the flow of illegal firearms into the state while increasing protection from gun violence, I see no language that would lead one to believe this rationale to be true. Instead, it appears the only thing this bill will accomplish is turning thousands of our law-abiding residents into criminals overnight.”
Please Take Action to email your state Representative AND Senator urging them to OPPOSE HD.4420 or any type of legislation that will only affect law-abiding sportsmen and gun owners.
The Senate also announced it will be working on its own gun control bill. We will update you as soon as we hear of any action on the Senate version.
Don’t forget to share this important alert with your family, friends, and fellow sportsmen urging them to email their state Representative and Senator asking them to OPPOSE HD.4420 or any type of gun control legislation. The Bay State will need all its sportsmen and gun owners working together to stop HD.4420.
About the Sportsmen’s Alliance:
The Sportsmen’s Alliance protects and defends America’s wildlife conservation programs and the pursuits – hunting, fishing and trapping – that generate the money to pay for them. Sportsmen’s Alliance Foundation is responsible for public education, legal defense and research. Its mission is accomplished through several distinct programs coordinated to provide the most complete defense capability possible. Stay connected to Sportsmen’s Alliance: Online, Facebook, Twitter and Instagram.
]]>West Bend, WI – The U.S. Concealed Carry Association for Saving Lives Action Fund (USCCA-FSL Action Fund) released the following statement denouncing New Mexico Governor Michelle Lujan Grisham’s “emergency public health order” to suspend New Mexicans’ constitutional right to carry an open or concealed firearm in the city of Albuquerque.
“The USCCA-FSL Action Fund condemns this order in the strongest possible terms. Not only does Governor Grisham lack the constitutional authority to implement such an unprecedented assault on the Second Amendment rights of New Mexico citizens, but it strikes at the very heart of what responsible gun owners have been saying for years – criminals do not follow the law, and this order only serves to punish law-abiding gun owners who protect their community,” said Katie Pointer Baney, Chairman of the Board & Executive Director of the USCCA-FSL Action Fund.
The order has already garnered a wave of outcry from responsible gun owners, state legislators, and even pro-gun control members of Congress.
I support gun safety laws. However, this order from the Governor of New Mexico violates the U.S. Constitution. No state in the union can suspend the federal Constitution. There is no such thing as a state public health emergency exception to the U.S. Constitution. https://t.co/kOhLMtaOl2
— Ted Lieu (@tedlieu) September 9, 2023
“By invoking a power she doesn’t have, Governor Grisham has abandoned her constitutional oath. In order to obtain a concealed carry permit in New Mexico residents must complete 15 hours of firearm training and pass a live fire qualification. The idea to strip these individuals of their permits in the name of preventing violent crime is nonsensical and dangerous. The USCCA-FSL Action Fund will work tirelessly to inform, engage and support law-abiding New Mexicans who want to see this assault on their rights stopped before too much damage is done,” concluded Pointer Baney.
New Mexico is a shall-issue state with concealed weapons licenses issued at the state level by the Department of Public Safety. Open carry is legal in New Mexico without a license for anyone at least 19 years of age who can legally possess a firearm. Gun ownership, education, and training among New Mexicans living on Tribal lands has recently increased as more Native American men and women have recognized the importance of the right to self-defense and firearms training.
Stay updated by visiting USCCA For Saving Lives Action Fund’s website and follow us on Twitter and Facebook to stay informed.
]]>The unilateral action by New Mexico Governor Michelle Lujan Grisham declaring a ban on civilian possession of a firearm, whether open or concealed, in public “to remain in effect for the duration of the public health emergencies. . .” is unconstitutional, unconscionable, and illegal.
But, apart from the illegality of Grisham’s Public Health Order on Second Amendment grounds and U.S. Supreme Court’s Bruen rulings,,,
…the Order runs afoul of New Mexico’s own state Statutes!
This latter matter has not yet been discussed. We do so here.
We begin with the phrase “Gun Violence,” which appears in the Governor’s Public Health Order. For the longest time, the Anti-Second Amendment establishment has raged over this thing, “Gun Violence.” The idea implicit in ‘Gun Violence,’ if one insists on the expression, is that of ‘Criminal Violence’, where a criminal uses “a gun” in the commission of a crime. In that commonsensical view the phrase ‘Gun Violence’ simply denotes criminal use of guns, nothing more.
So why not eschew talk of Gun Violence for the appropriate expression, ‘Criminal Violence’?
Doing so would drive public policy where it belongs, on crime and criminals and away from the mechanism criminals sometimes employ, although not invariably, to do their horrible misdeeds.
But Democrats and Progressives don’t want to talk about crime and criminals. They don’t even want to talk about criminal use of guns. They only want to talk about guns and reducing the number of them, and that creates a real problem.
And why do tens of millions of Americans wish to keep and bear guns?
Well, they do so for many reasons, all lawful, and one of which stands out as predominant: self-defense.
But little mention of this finds its way into the public square because Democrats and a sympathetic Press won’t allow it. They don’t want it. Anti-Second Amendment elements in Government, in the Press, and in the greater society have their own uses for ‘Gun Violence.’ It is they, after all, who have coined the expression.
And that phrase is the driving force behind the Governor’s Public “Health” Order.
Boiled down to its essence, the tacit message conveyed is this:
“Guns are a virus, a virulent contagion, and like all virulent contagions, must be rooted out, quarantined, and eradicated, and I, New Mexico Governor Michelle Lujan Grisham, intend to do just that!”
The idea of Guns as a virulent contagion is not a novel idea. It goes back decades.
In 1995, in an Academic Article, Don Kates and others wrote (Guns And Public Health: Epidemic Of Violence Or Pandemic Of Propaganda?) about the strategy to deny one’s exercise of the natural law right of armed self-defense by viewing guns as a health menace. The article’s writers referred to this strategy as “The Public Health Agenda.”
“In 1979 the American public health community adopted the ‘objective to reduce the number of handguns in private ownership,’ the initial target being a 25% reduction by the year 2000. Based on studies, and propelled by leadership from the Centers for Disease Control and Prevention (CDC), the objective has broadened so that it now includes banning and confiscation of all handguns, restrictive licensing of owners of other firearms, and eventual elimination of firearms from American life, . . . .
This follows the health advocate sages’ avowed intention to promote the idea that firearm ownership is an evil and that its elimination is a desirable and efficacious means of reducing violence.” From “Guns And Public Health: Epidemic Of Violence Or Pandemic Of Propaganda?”, 62 Tenn. L. Rev. 513, Spring, 1995, by Don B. Kates, et. al.
Viewing “Gun Violence” as a medical matter is inane. It involves tortuous use of a literary device, metaphor, as a mechanism upon which to design and implement public policy.
The metaphor is that guns are like a virulent plague and must be stamped out. And Governor Grisham’s Order is based on the metaphor of “Guns As Virulent Virus.” She attempts to apply the metaphor to law. That is absurd.
Our free Constitutional Republic is grounded on law, not metaphor.
Nonetheless, Grisham trusts that she can skate around the Second Amendment issue and the constraints of State law by focusing on guns as a public health menace. She hopes that no one will bother to notice the card trick and the use of metaphor she employs to do this.
Unfortunately, pervasive and undeniable lunacy doesn’t prevent ideological fanatics who wield immense power from thrusting their lunacy on everyone else, embroiling us all in their nightmarish reality.
So, why isn’t anyone attacking the Governor’s lunacy head-on? That is where attention should first be directed.
N.M. Stat. Ann. § 12-10A-5 provides that,
“A. A state of public health emergency may be declared by the governor upon the occurrence of a public health emergency. Prior to a declaration of a state of public health emergency, the governor shall consult with the secretary of health. The governor shall authorize the secretary of health, the secretary of public safety and the director to coordinate a response to the public health emergency.”
But the pertinent question here is whether the mere possession of guns in public equates with “Gun Violence” such that this “Gun Possession” qua “Gun Violence” falls within the legal definition of a ‘Public Health Emergency’ under New Mexico law.
In New Mexico, public health emergencies fall within the purview of N.M. Stat. Ann. §§ 24-1-1 — 24-1-44.
N.M. Stat. Ann. § 24-1-2 says this:
“As used in the Public Health Act [Chapter 24, Article 1 NMSA 1978]:
A. ‘condition of public health importance’ means an infection, a disease, a syndrome, a symptom, an injury or other threat that is identifiable on an individual or community level and can reasonably be expected to lead to adverse health effects in the community; . . . .”
So, then, Does “a condition of public health importance” include “Gun Violence” qua “Possessing Guns in Public” under New Mexico law?
No, it does not. For this kind of thing does not fall within the purview of New Mexico’s “Public Health Act” and, therefore, cannot be construed as a “Public Health Emergency” under New Mexico law, as shown below.
N.M. Stat. Ann. § 12-10A-3 is the applicable “Definitions,” and Section. N.M. Stat. Ann. § 12-10A-3 (G) defines the phrase, ‘public health emergency.’
“‘Public health emergency’ means the occurrence or imminent threat of exposure to an extremely dangerous condition or a highly infectious or toxic agent, including a threatening communicable disease, that poses an imminent threat of substantial harm to the population of New Mexico or any portion thereof.”
Does the phrase “exposure to an extremely dangerous condition” that appears in the afore-cited statutory section embrace “Gun Violence” qua “Possessing Guns in Public” under New Mexico Law?
Such an idea would be a stretch—an impossible stretch. N.M. Stat. Ann. § 12-10A-2 explains why.
N.M. Stat. Ann. § 12-10A-2 (Purposes of the Act) says,
“The purposes of the Public Health Emergency Response Act [12-10A-1 NMSA 1978] are to:
A. provide the state of New Mexico with the ability to manage public health emergencies in a manner that protects civil rights and the liberties of individual persons; [emphasis added]
B. prepare for a public health emergency; and
C. provide access to appropriate care, if needed, for an indefinite number of infected, exposed or endangered people in the event of a public health emergency.”
Paragraph “C” implies the presence of an ongoing and serious chemical, biological, or epidemiological hazard, causing illness to many people. Such a health emergency is objective and the harm caused to many is measurable and extensive.
A health emergency does not include criminological problems, sociological concerns, or matters deriving from political biases or animosities.
Moreover, Paragraph “A” makes abundantly clear that any declaration of a public health emergency must be conducted in a manner that “protects civil rights and the liberties of individuals.”
The right of the people to keep and bear arms is one such fundamental civil right that requires protection when the New Mexico Governor declares, as here, a “Public Health Emergency.”
But how can the exercise of a fundamental civil right, the right of the people to keep and bear arms—that the governor implies is a public health emergency (for that is what the New Mexico Public Health Order targets), and one that must be harshly dealt with—truly be considered a health emergency under New Mexico law when that health emergency is the very fundamental civil right that must, as New Mexico law makes clear, be protected during an emergency?
The answer is: It cannot! That is the crux of the problem for Grisham and her “Public Health Order.”
We hope someone challenging Governor Grisham’s “Public Health Order” in Federal or State Court will make that argument.
About The Arbalest Quarrel:
Arbalest Group created `The Arbalest Quarrel’ website for a special purpose. That purpose is to educate the American public about recent Federal and State firearms control legislation. No other website, to our knowledge, provides as deep an analysis or as thorough an analysis. Arbalest Group offers this information free.
For more information, visit: www.arbalestquarrel.com.
]]>Greeley, CO – Burris Optics, a leading manufacturer of premium optics, congratulates Camdyn Powers for her remarkable performance at the 2023 IPRF Rimfire World Championship held in Gaglietole di Collazzone, Italy. Ms. Powers achieved a 2nd place in the Ladies category and an impressive 12th place overall.
The 2023 IPRF Rimfire World Championship, held August 28 through September 3, 2023, featured some of the world’s most talented men and women, making Camdyn’s achievements even more commendable. Her well-honed marksmanship skills, dedication to personal excellence, and her ability to maintain composure under pressure proved to be her winning formula. Working with the Burris XTR Pro, a rifle scope specifically designed for NRL- and PRS-style competition matches, Camdyn secured 12th overall in the event while competing against 179 of the world’s best rimfire shooters.
The Burris XTR Pro riflescope is ruggedly constructed to deliver reliable performance in challenging environments and offers high-quality optics that for clear and sharp sight images in all conditions. With an adjustable magnification range and precise turret adjustments, this USA-made scope provided Camdyn the best Burris competition optic for long-range shooting and enabled her to maintain pinpoint accuracy at all target ranges.
“The Rimfire World Championship presented by the International Precision Rifle Federation was an experience I will never forget. Being a part of Team USA was a huge honor and I am incredibly thankful to represent my beloved country.” Said Camdyn Powers. “I enjoyed every minute of being around fellow shooters from around the world who share the same passion for precision rifle .22, and experiencing the team camaraderie from each nation was very inspiring. The match challenged my physical ability as well as my mental management. My gear, including a Burris Optics XTR Pro with a SCR2 reticle, was put through its courses and worked flawlessly contributing to my 2nd place win in ladies class and 12th place finish overall.”
Burris Optics is proud to support athletes like Camdyn Powers, who embody the values of precision, accuracy, and performance that are at the core of the Burris brand. Her achievements at this year’s IPRF Rimfire World Championship event serves as an inspiration to shooters everywhere.
For more information about Burris Optics and our products, please visit www.burrisoptics.com.
About Burris
Founded in 1971 and headquartered in Greeley, CO, Burris Company offers a complete line of premium optics, including riflescopes and sights for hunting; competition and law enforcement; handgun scopes, binoculars, spotting scopes, mounts, and accessories. For more information on the complete line of Burris products, visit BurrisOptics.com or Facebook.com/BurrisOptics.
]]>Author Christopher F. Rufo does wonderful work explaining how the irrational and innumerate leftist radicals took over the institutions and political structure of the USA in his book, America’s Cultural Revolution: How the Radical Left Conquered Everything.
It was planned. It was executed. It was through the deliberate and calculated use of lies, fraud, hypocrisy, and coordinated rejection of truth, morality, rationality, and science. The strategy was to conquer the universities from within as a power base and then to use them to destroy culture, morality, ethics, and history, as they conquered the media, bureaucracies, and government. As a final step, the entire structure of constitutional government would be overthrown by redefining words to mean the opposite of common meanings.
The history starts with the failure of the violent Marxist revolution against the USA in the 1960s. I remember the bombings, the armored car robberies, the assassination of police officers. The USA fought back. The revolutionaries were not popular. They were defeated.
Herbert Marcuse was a transplanted Marxist from Germany during WWII, sustained in USA universities. He became depressed with the failure of the Marxist revolution in the USA. He could not admit the basic assumptions of Marxism were wrong. He developed a complex new theory, where white intellectuals would team with the radical Black Nationalists [IE: Barack Obama] to take over the universities and, from the universities, overturn the knowledge base of the United States, destroy its history, and supplant it with a Marxist history where everything the USA ever did was racist. The USA had to be destroyed to create a new Marxist utopia.
The first planned casualties were the concepts of truth, objective fact, rationality, and objective history. It is surprisingly close to what George Orwell described in “1984”.
Marcuse and his theories created Angela Davis and several other pivotal theorists, who became powerful in the underground movement to take over the universities, all paid for with your tax money.
Rufo lays out what happened in a clear and brilliant expose of how this cancer was planted and grew, fed by government largess, and maintained by the moral code that anything was acceptable if it furthered the movement. The license to commit any crimes, lie without accountability, and subvert the institutions that fed and sheltered them gave enormous bureaucratic [Deep State] power to those working hard to destroy the United States.
Rufo is a bit light on the Progressive philosophy, which, in this correspondent’s view, created the fertile ground for cultural Marxism to take root and prosper.
The book has tremendous value in showing how the cultural monster grew, almost unnoticed until it had accumulated so much power it could effectively overturn the history of the country, topple statutes, turn criminals into heroes, and turn cities into sewers.
It is the ammunition you can effectively use in the counter-revolution we are fighting today. The revolutionaries created by Marcuse, Davis, and Derrick Bell are parasites. They do not know how to build, only to destroy. They will never admit their failure, but they always fail.
The difficult part is to build a successful counter-revolution without destroying the country, the Constitution, and the rule of law. It can be done. Those who believe men are not women, math is not racist, and property is not theft far outnumber the fortunate few who inhabit our universities, bureaucracies, the dominant media, and the alphabet agencies. They are lazy, pampered parasites who live off the rest of the country. They have lost touch with reality.
View Related: The Genus Marxism
About Dean Weingarten:
Dean Weingarten has been a peace officer, a military officer, was on the University of Wisconsin Pistol Team for four years, and was first certified to teach firearms safety in 1973. He taught the Arizona concealed carry course for fifteen years until the goal of Constitutional Carry was attained. He has degrees in meteorology and mining engineering, and retired from the Department of Defense after a 30 year career in Army Research, Development, Testing, and Evaluation.
]]>Answers filed on August 28, 2023, from Eastern Band of Cherokee Indians defendants to a lawsuit by plaintiffs Jason H. Kloepfer and Alison M. Mahler alleging their “attempted murder” by the Cherokee Indian Police SWAT Team and the Cherokee County Sheriff’s Department directly contradict Sheriff Dustin Smith’s denial of being on scene when law enforcement opened fire on the unarmed couple as they exited their trailer on command with hands raised. Officers also deny knowing Kloepfer was unarmed.
This is not the first disconnect between what the sheriff has claimed and subsequent evidence uncovered, as a series of exclusive AmmoLand reports have demonstrated.
The first claim, reported in January, alleged Kloepfer was a suspected shooter who “engaged in a verbal altercation with officers and emerged from a camper trailer and confronted officers.” What little media there was at the time focused on (subsequently dropped) charges against Kloepfer of “Communicating Threats and Resist, Obstruct, and Delay,” and reported “SWAT team members were forced to shoot him after he confronted officers, according to the Cherokee County Sheriff’s Office.”
That was directly contradicted by a video of the encounter recorded by an interior camera in Kloepfer’s trailer discovered after the sheriff had made his excuses public.
That report was followed up by two in February, the first documenting lack of major media coverage and presenting key questions left unanswered in the sheriff’s attempts to absolve himself and his department of any responsibility for events he set in motion. The second posting is a time-lined transcript of the Calls for Service Report and Dispatch Recording, highlighting the dangers of SWATting based on unproven allegations. Those reports were followed in April with a follow-up article that showed a new SWAT shooting video taken seven hours after the initial one and featuring State Bureau of Investigation officers, and then raised conflict of interest concerns over the District Attorney recusing herself.
The new contradiction differs from Sheriff Dustin Smith’s Jan. 20 press release claim that “Neither myself nor Chief Deputy Justin Jacobs were on the scene at the time of the shooting, so we relied on information provided to us from the Cherokee Indian Police Department.”
In Defendants Nathan Messer, Neil Ferguson, and Chris Harris’ Answer to Plaintiffs’ Complaint, embedded below, Section L.410 states:
“It is admitted that Sheriff Smith was present at the scene of the Property at all times that these Defendants were present at the Property on December 13, 2022. These Defendants are without sufficient information to formulate a belief as to the truth or falsity of the allegations in this paragraph regarding Chief Deputy Jacobs, so the same are, therefore, denied. Except as expressly admitted, denied.”
Which is it?
And the EBCIPD defendants aren’t above trying to give themselves plausible deniability in the shooting of Kloepfer. Among the statements that will raise eyebrows for objective viewers of the video:
They deny that he was ‘gunned down by the SWAT team.’ They deny that his and Mahler’s “lives are permanently harmed and disrupted.” They attest Kloepfer “appear[ed] to hold a weapon in his right hand” while acknowledging he “walked outside with his hands up and out in front of him.” They also say they were aware the deployed drone robot was being monitored, and “they were wearing intercom devices that included earpieces and a microphone connected to the inside of their helmets,” meaning police must have seen Kloepfer pick the drone up with his right hand.
This is what they want the court to order:
The only questions remaining are whether criminal charges will be filed and what they will be, all predicated on an essential question based on concerns expressed to this writer by a local source monitoring the case that, so far, only AmmoLand Shooting Sports News is asking in the media:
What personal relationships exist between members of the Sheriff’s Department and/or members of the Cherokee Indian Police SWAT unit and members of the State Bureau of Investigation that might compromise their objectivity or present the appearance of impropriety?
Readers who wish to keep apprised of monitoring by local activists, in this case, can learn more at the “Cherokee County, NC WATCHDOG – Politics, Government, Law Enforcement” Facebook page.
The EBCI “Answer” filing and “Answer to Plaintiff’s Complaint” filings, merged into one file, are embedded below.
JASON H. KLOEPFER and ALISON M. MAHLER, Plaintiffs, v. CHEROKEE COUNTY SHERIFF’S DEPARTMENT; EASTERN BAND O…
About David Codrea:
David Codrea is the winner of multiple journalist awards for investigating/defending the RKBA and a long-time gun owner rights advocate who defiantly challenges the folly of citizen disarmament. He blogs at “The War on Guns: Notes from the Resistance,” is a regularly featured contributor to Firearms News, and posts on Twitter: @dcodrea and Facebook.
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Albuequree, New Mexico – A man searching for a holster for his Polymer80 pistol had his firearms confiscated by a gun store in New Mexico because the gun lacked a serial number. The man is currently serving in the military and stationed in New Mexico. He went to Shooter’s Den in Albuquerque to purchase some Glock magazines and search for a holster that would fit his pistol. Although the man is under 21, he legally built the firearm himself.
Citizens under 21 are prohibited from buying a handgun from a Federal Firearms Licensee (FFL), but no federal regulations prevent anyone over 18 from building and possessing a pistol. The military member was well within the law.
While at the gun store, the owner requested the man to bring his firearm so he could assist with selecting a holster. Upon noticing the absence of a serial number on the gun, the owner asked the shopper for personal identification. The customer, feeling confused, provided an ID. Due to the man’s age and the lack of a serial number on the gun, the store owner decided to confiscate the firearm.
Despite the man’s attempts to argue that he was acting within the law, the gun store remained firm in its position. The owner informed him that they would be contacting the Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE) about the matter. The man attempted to reason with the store owner but to no avail.
After several failed attempts, the man posted to Reddit about getting help to get his gun back. AmmoLand News also received multiple tips about the subject and contacted all involved in the dealings.
It came as a shock that the narrative was indeed factual. We attempted to contact the store for 24 hours through various social media platforms, phone calls, and emails. AmmoLand eventually received a response from the store’s now-deleted Facebook page. The store provided a statement to AmmoLand News confirming that they received approval from the ATF to return the firearm to its owner. The statement reads:
“The individual involved in the situation was under the age of 21 with an Illinois state ID in possession of a complete unserialized handgun. Concerns were raised about the situation, and the ATF was contacted immediately for further guidance on the situation. The ATF told Shooters Den LLC to hold it for the time being until advised otherwise. The ATF has cleared the situation and has allowed us to release the firearm back to the owner, and the situation has been passed on to the proper authorities. The owner has been contacted regarding the status of his p80 pistol and has yet to retrieve it.”
After we asked about their authority to seize the gun and their knowledge of state and federal laws regarding unserialized frames, they stopped replying to our messages. AmmoLand News contacted several well-known lawyers for their input on the matter, and they all concurred that it could be argued that the gun shop committed theft.
Gilbert Ambler of the Ambler Law Offices was one attorney who went on record. The firm specializes in firearms and criminal defense.
“The FFL, in this situation, took the personal property of another with the intent to deprive them of it, which fits the common law definition of theft,” Ambler said. “Even if the FFL thought (erroneously) that possession of the handgun was a crime, it would still not create justification for the seizure. Instead, the FFL appears to have engaged in bullying and theft. Having an FFL does not convey law enforcement powers. Quite the opposite, in fact. Here, not only is the FFL likely responsible for theft, but in taking the firearm, they also likely violated 18 USC 922(j), which prohibits the receipt and possession of stolen firearms.”
When the young man attempted to retrieve his firearm from the gun shop, the FFL informed him that the firearm could not be transferred. Shooter’s Den stated the ATF had instructed the shop to serialize the firearm and add it to their FFL records. The young man would have to pass a NICS background check to retake possession from the FFL. Now, the man, who was a young military member under 21, is by law unable to pass the National Instant Criminal Background Check System (NICS) due to his age.
“Citizens under 21 are prohibited from buying a handgun from a Federal Firearms Licensee.” Source ATF [18 U.S.C. 922(b)(1)].
AmmoLand News attempted to verify the gun shop’s story with the ATF but did not receive a response confirming or denying the claims.
The gentleman has now filed a stolen property report with local police. It is reported the police retrieved the firearm from the gun store. The Albuquerque has yet to release the firearm to the young military member.
This story is a cautionary tale about knowing your local gun shop’s policies and stances on Polymer80. Not all gun stores know or care about laws dealing with unserialized frames. Most gun stores know the laws, but more than a few do not.
About John Crump
John is an NRA instructor and a constitutional activist. John has written about firearms, interviewed people from all walks of life, and on the Constitution. John lives in Northern Virginia with his wife and sons and can be followed on Twitter at @crumpyss, or at www.crumpy.com.
]]>With the ongoing case in Billings, Montana, where Billings Police collaborated with federal officials to arrest Gabriel (Gabe Metcalf) for exercising his Second Amendment rights, a recap of the history of the federal Gun Free School Zone Acts (GFSZA) is in order. The GFSZA appears to be designed as a direct attack on the exercise of Second Amendment rights and the right to be able to defend against criminal attacks.
The first GFSZA was passed into law in 1989-90. The federal Gun-Free School Zone Act was introduced by some of the most rabid Anti-Second Amendment zealots, Herb Kohl of Wisconsin and Joe Biden of Delaware. Yeah, that Joe Biden.
The effect of the law was to make it impossible to travel with a firearm for defense in nearly all incorporated areas in the United States. Because the GFSZA includes all the area within 1000 feet of the property line of all schools, including private and parochial schools as well as public schools, the extremely large areas outside of school property often overlap and intersect, creating a trap for people who are exercising their Second Amendment rights.
There are exceptions in the act for private property, people licensed by the state, and firearms that are unloaded and locked up. Here are the important portions. From the Gun-Free School Zone Act of 1990, introduced in the Senate by Senator Herbert Kohl (D) WI as S.2070 and Senator Joe Biden (D) DE as part of the Crime Control Act of 1990, S.3266.
SEC. 2. PROHIBITIONS AGAINST POSSESSION OR DISCHARGE OF A FIREARM IN A SCHOOL ZONE. (a) IN GENERAL- Section 922 of title 18, United States Code, is amended by adding at the end the following:
(q)(1)(A) It shall be unlawful for any individual knowingly to possess a firearm at a place that the individual knows, or has reasonable cause to believe, is a school zone. (B) Subparagraph (A) shall not apply to the possession of a firearm–
- (i) on private property not part of school grounds;
- (ii) if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State, and the law of the State or political subdivision requires that,;before an individual obtain such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license;
- (iii) which is– `(I) not loaded; and (II) in a locked container, or a locked firearms rack which is in a motor vehicle;
- (iv) by an individual for use in a program approved by a school in the school zone;
- (v) by an individual in accordance with a contract entered into between a school in the school zone and the individual; or an employer of the individual;
In 1994, the Gun Free Schools Act was put in place. It only applies inside of school property. It is completely different from the 1990 law. Do not confuse it with the GFSZA of 1990. It requires federal funding for schools to be pulled if the act is not followed. The 1994 law had terrible effects and was amended in 2001. It needs to be covered in a separate article.
The 1990 GFSZA was quickly challenged in court. From cursory examination, the case, USA v Lopez, was an attempt to use a similar tactic as the Miller case in 1939. It was a case involving an unsympathetic defendant designed to cement the authority seized with the GFSZA into permanence with Federal Court approval. But 1994 was not 1934. The Justices on the Supreme Court, especially Justice Clarence Thomas, were of sterner stuff. The 1990 GFSZA was found to be unconstitutional as a federal overreach of the Commerce Clause, the first such case in 50 years!
In response, President Clinton and Attorney General Janet Reno (of the Waco massacre fame), were able to add a minor wording change to the 1990 GFSZA in an appropriations bill. They claimed Congress could satisfy the Constitutional defects in the law by merely saying they were satisfied. The amendment to the law went into effect in 1997. The GFSZA of 1990 was amended in the Omnibus appropriations package (section 657), with changes requested by the infamous Janet Reno. Here is the change in wording, bold added to show the change:
(2)(A) It shall be unlawful for any individual knowingly to possess a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the individual knows, or has reasonable cause to believe, is a school zone.
To protect Montana residents from the pernicious and cruel effects of the GFSZA, Montana passed the Establishment of Individual Licensure Act, Montana Code Annotated 45-8-360, in 1996. The exception (B) (ii) of the 1990 and amended 1996 GFSZA law exempts individuals who are licensed by the state from the GFSZA. To protect all the people in the state who are not disqualified from possessing firearms, Montana granted them all individual licensure, specifically as required by the GFSZA.
Montana Code Annotated 45-8-360. Establishment of individual licensure.
In consideration that the right to keep and bear arms is protected and reserved to the people in Article II, section 12, of the Montana constitution, a person who has not been convicted of a violent, felony crime and who is lawfully able to own or to possess a firearm under the Montana constitution is considered to be individually licensed and verified by the state of Montana within the meaning of the provisions regarding individual licensure and verification in the federal Gun-Free School Zones Act.
Since 1997, there have been several challenges to the amended 1990 GFSZA in the appellate courts. According to Wikipedia, six appellate courts have upheld the amended GFSZA as constitutional, with one circuit, the First, reversing that decision, while three circuits hold the minor word change does not remedy the constitutional defects in the law. Five decisions upholding the GFSZA were before the Heller decision in 2008; one was only a few months later. A Second Amendment defense was not attempted.
The decision reversing the finding in the First Circuit was after both Heller and the McDonald Decisions, occurring in 2014.
The time appears ripe for a second challenge of the Gun-Free School Zone Act as unconstitutional under both the Commerce Clause and the Second Amendment, and possibly the Tenth Amendment under the Montana code 45-8-360.
About Dean Weingarten:
Dean Weingarten has been a peace officer, a military officer, was on the University of Wisconsin Pistol Team for four years, and was first certified to teach firearms safety in 1973. He taught the Arizona concealed carry course for fifteen years until the goal of Constitutional Carry was attained. He has degrees in meteorology and mining engineering, and retired from the Department of Defense after a 30 year career in Army Research, Development, Testing, and Evaluation.
]]>Ban assault weapons. Buy them ALL back. Choose our kids over their killers.
— Rep. Eric Swalwell (@RepSwalwell) August 28, 2023
For U.S. Rep. Eric Swalwell (D-Calif.), some things will never get old, like calling for a complete ban on America’s most popular semiautomatic rifle, the Modern Sporting Rifle (MSR). Or ignoring criminals. Or taking to social media immediately after a tragedy, before facts are known, and pushing for more gun control.
Yet after a deranged, mentally ill, racist murderer took three innocent lives at a Jacksonville, Fla., Dollar General store, Rep. Swalwell did all of those things once again.
“Ban assault weapons. Buy them ALL back. Choose our kids over their killers,” the one-time failed presidential candidate posted on X, formerly known as Twitter.
A gun ban and confiscation is a favored gun control ploy for the California Congressman. The only thing is, he’s dreaming.
Three innocent lives were tragically lost and there were serious questions raised in the wake of the racist attack on African Americans. The murderer, it’s been revealed, had a history of mental health struggles, including an “involuntary commitment” in Florida under the state’s Baker Act. The murderer who had stopped taking his psychiatric medicine, also left several manifestos, a suicide note and painted racist Nazi graphics on his firearms. This person was not well and was set on causing pain to the community and taking his own life.
In giving a press conference update, Jacksonville Sheriff T.K. Waters rejected the narrative of blaming the firearm over the murderer.
“The story’s always about guns.” Sheriff Waters said. “This guy’s a bad guy. If I could take my gun off right now and lay it on this counter, nothing will happen… But as soon as a wicked person grabs ahold of that handgun and starts shooting people with it, there’s the problem. The problem is the individual.”
It was also revealed that the murderer criminally misused both an AR-15-style rifle and a handgun. None of the facts mattered to Rep. Swalwell. His solution is always the same. It’s not to lock up criminals or make sure those who can’t trusted are prohibited from possessing guns. He’s got only one answer – take away Constitutional rights from others.
This most recent episode isn’t the first time Rep. Swalwell has demanded the government confiscate the private property of law-abiding Americans. He’s done it a lot, actually.
In 2019, Rep. Swalwell went on CNN to talk gun control with Jake Tapper and regurgitated his favorite demand. Tapper asked him about a demand he uttered from 2018.
“We should ban possession of military-style semiautomatic weapons,” Rep. Swalwell said. “We should buy back such weapons from all who choose to abide by the law, and we should criminally prosecute any who choose to defy it by keeping their weapons.”
At the time, the California congressman added hyperbolic threats and that anyone who resisted should be nuked by the U.S. Government. Tapper pushed, asking if criminal prosecution meant the congressman believed Americans who held on to their guns would go to jail.
“They would,” Rep. Swalwell shot back. He added that he wished American gun control was more like New Zealand and Australia. It didn’t matter that Tapper rightly reiterated that “the vast majority of gun-related deaths in this country are not related to these semiautomatic assault weapons.”
The FBI’s Uniform Crime Reports consistently demonstrate that more murders are committed with knives, fists and clubs than by rifles of all kinds – not just the MSR, AR-15-style rifles Rep. Swalwell wants to ban. Again, the facts don’t matter.
Rep. Swalwell made a similar demand later in 2019, again pushing confiscation. And once again, the congressman held up New Zealand as a shining example. At the time, that country only had a total of approximately 1.2-1.5 million firearms with an expected taxpayer cost of roughly $300 million. Canada’s mandatory buyback boondoggle is even worse.
Still later in 2019, then on the debate stage as a presidential candidate for the Democratic nomination, Rep. Swalwell used his time to call for a mandatory gun buyback and even labeled the several million MSR owners as “the most dangerous people” requiring confiscation.
“Keep your pistols, keep your rifles, keep your shotguns, but we can take the most dangerous weapons from the most dangerous people,” the congressman said.
Unsurprisingly, Rep. Swalwell’s campaign quickly flamed out.
The “most dangerous people” Rep. Swalwell derided as possessing AR-15-style rifles aren’t who he thinks they are. In fact, maybe – just maybe – the congressman would be surprised to learn who is buying MSRs today. Firearm industry data pegs at least 24.4 million MSRs in circulation today since 1990. That makes them more commonly-owned than the number of Ford F-150 pickup trucks on the road today.
Currently, there have been more than 1 million FBI National Instant Criminal Background Check System (NICS) verifications run for the purchase of a firearm for 48 months straight – that’s four years. Industry data also reveals the gun-owning community, including millions of new first-time gun owners, has never been more diverse than it is now, with large percentages of African Americans, Asian Americans, Hispanic Americans and other minority groups all buying firearms, including MSRs.
These are not “the most dangerous people” Rep. Swalwell accuses them of being. They are law-abiding, freedom-loving Americans exercising their Second Amendment rights and they all would likely love to tell Rep. Swalwell where he can put his mandatory confiscation plans.
About The National Shooting Sports Foundation
NSSF is the trade association for the firearm industry. Its mission is to promote, protect, and preserve hunting and shooting sports. Formed in 1961, NSSF has a membership of thousands of manufacturers, distributors, firearm retailers, shooting ranges, sportsmen’s organizations, and publishers nationwide. For more information, visit nssf.org
]]>Today I issued a 30-day ban on the open & concealed carrying of guns in Albuquerque and Bernalillo County. Gun violence is killing between 2 and 3 children every month in NM – every single one of these deaths is unconscionable and they must stop. https://t.co/KJdXUMBVaG
— Governor Michelle Lujan Grisham (@GovMLG) September 9, 2023
New Mexico Gov. Michelle Lujan Grisham issued a public health order suspending open and concealed carry of firearms in Bernalillo County public places for the next 30 days. Bernalillo County is the home of Albuquerque.
The Governor announced in a press conference Friday that she was taking the extraordinary step after the death of an 11-year-old due to a gunshot and several other shootings. She made the announcement alongside other New Mexico officials, all of whom had taken solemn oaths to support and defend the Constitution.
The order will almost certainly be challenged on Constitutional grounds. The move seems to run afoul of the Bruen Decision, which said individuals have the right to carry firearms outside the home. The Supreme Court did not make any exceptions for “public health.” In fact, the decision knocked down interest balancing. The Governor stated she expects legal challenges to the order.
AmmoLand News has reached out to several gun rights organizations to get comments. Gun Owners of America (GOA) responded, and the organization is aware of the Governor’s actions and is looking at options to challenge it.
One Cuban American who works for GOA compared the order to the country his family fled.
“New Mexico’ Governor has violated the rights of New Mexico’s law-abiding citizens in a manner I would only expect to see 90 miles off the coast of Florida,” said Luis Valdes, Florida Director, GOA. “In the Communist Hellscape that is Cuba. Criminals will continue to break the law, and the law-abiding will suffer because of it.”
Besides the restriction on carrying firearms outside of one’s residence, there were several other stipulations introduced. Including one measure that will place increased pressure on the locally owned and operated gun shops, implementing monthly inspections of federal firearms licensees (FFL) by the state.
• The Regulation and Licensing Division will conduct monthly inspections of licensed firearm dealers to ensure compliance with all sales and storage laws.
• The Department of Health, along with the Environment Department, will begin wastewater testing for illegal substances such as fentanyl at schools.
• The Department of Health will compile and issue a comprehensive report on gunshot victims presenting at hospitals in New Mexico, which shall include (if available): demographic data of gunshot victims, including age, gender, race, and ethnicity; data on gunshot victims’ healthcare outcomes; the brand and caliber of the firearm used; the general circumstances leading to the injury; the impact of gunshot victims on New Mexico’s healthcare system; and any other pertinent information.
• No firearms are allowed on state property, including state buildings and schools. This also includes other places of education where children gather, such as parks.
• New Mexico State Police will add officers in Albuquerque with funding for overtime provided.
• The Children, Youth, and Families Department will immediately suspend the Juvenile Detention Alternative Initiative and evaluate juvenile probation protocols.
No lawsuits have been announced, but it is not a question of if. It is only a question of how many and when the cases will be filed.
Statement from Bernalillo County Sheriff John Allen:
“…However, as the elected Sheriff, I have reservations regarding this order. While I understand and appreciate the urgency, the temporary ban challenges the foundation of our Constitution, which I swore an oath to uphold. I am wary of placing my deputies in positions that could lead to civil liability conflicts, as well as the potential risks posed by prohibiting law-abiding citizens from their constitutional right to self-defense.
I was elected to represent and safeguard all constituents and to ensure the balance between our rights and public safety is maintained. That means we must critically evaluate any proposed solution to the deeply rooted issue of gun violence, ensuring we both protect our community and uphold the values that define us as a nation.” ~ Bernalillo County Sheriff John Allen.
Albuquerque Police Department Chief Medina sent the following message to APD officers about the governor’s state order on gun possession.
Chief Medina sent the following message to APD officers about the governor’s state order on gun possession. pic.twitter.com/kUIptQhFZL
— Albuquerque Police Department (@ABQPOLICE) September 9, 2023
Late Saturday, September 9th, 2023, Gun Owners of America filed a Temporary Restraining Order against the NM Governor’s unconstitutional order.
RANDY DONK, GUN OWNERS OF AMERICA, INC. and GUN OWNERS FOUNDATION, Plaintiffs, v. Civil Action No. 1:23-cv-…
New Mexico Suspends Concealed Carry Public Health Order
About John Crump
John is a NRA instructor and a constitutional activist. John has written about firearms, interviewed people of all walks of life, and on the Constitution. John lives in Northern Virginia with his wife and sons and can be followed on Twitter at @crumpyss, or at www.crumpy.com.
]]>The government will indict Hunter Biden on a federal gun charge before the end of this month, according to a document provided to the federal court by Special Counsel David Weiss advising U.S. District Judge Maryellen Norieka that the charge is coming.
In a three-page court filing, Weiss acknowledged that federal law requires the government to “obtain the return of an indictment by a grand jury by Friday, September 29 [2023]…at the earliest.”
“The Government intends to seek the return of an indictment in this case before that date,” Weiss wrote.
President Joe Biden’s son had earlier reportedly been ready to accept a plea deal on unrelated drug charges, which would have involved setting aside the alleged gun law violation, offering him a “Pretrial Diversion Agreement,” provided he complied with terms of what gun owners were calling a “sweetheart deal.” But earlier this year, Judge Noreika rejected the terms of that agreement, USA Today noted. She said at the time, the deal was “different from what I normally see,” according to Fox News.
The allegation stems from a firearm purchase in 2018, during which Hunter Biden is alleged to have entered false information on the federal Form 4473 regarding his drug use at the time. Lying on a 4473 is a federal felony, and since Democrats lately have been repeatedly declaring nobody is “above the law” while referencing former President Donald Trump, the country may be on the verge if learning whether that applies equally to someone named Biden.
In June, the Citizens Committee for the Right to Keep and Bear Arms declared the reported Biden plea agreement to be an “outrage.” At the time, CCRKBA Chairman Alan Gottlieb strongly criticized the complete silence from the gun prohibition lobby regarding Hunter Biden’s gun problem, ridiculing the situation by branding the plea deal as the “Biden Loophole.”
The organization issued a statement noting;
“President Biden has spent his entire political career campaigning for strict gun control, including bans on so-called ‘assault weapons’ and more recently, an acknowledged effort to prevent the sale of 9mm pistols. But the rules evidently change when the president’s son is involved in a federal gun crime that would result in fines and imprisonment for up to ten years for anybody else who knowingly lied about not being a prohibited person to obtain a handgun.”
Gottlieb further stated that had any other citizen been facing a similar charge, they would probably be on the way to jail.
In October 2018, Hunter Biden bought a Colt revolver. At the time, he was in a relationship with the widow of his brother, and she may have thrown the gun into a supermarket dumpster positioned near a school, according to Fox News. He was also heavily using drugs.
There is no small irony in how this case is suddenly gathering steam, just days after the Biden administration and the federal Bureau of Alcohol, Tobacco, Firearms and Explosives announced a new proposed gun control rule relating to individuals who may be “engaged in the business,” buying and selling firearms. The proposal is already considered by many in the firearms community as an effort to end gun shows.
This new initiative is seen as one more manifestation of Joe Biden’s open war on gun rights and the Second Amendment.
Amid this drama, House Republicans are digging into the Hunter Biden plea deal, which fell apart in July. Leading that charge are House Judiciary Chairman Rep. Jim Jordan of Ohio, Oversight and Accountability Chairman Rep. James Comer of Kentucky, and House Ways and Means Chairman Rep. Jason Smith of Missouri, according to the USA Today report.
While the Hunter Biden mess is big news with conservative media, Republican politicians, and the firearms community, Joe Biden has been careful to talk about his son as little as possible. The younger Biden’s gun problems are only part of the larger picture emerging about the Biden family and its various business entanglements, including accusations of influence peddling. It is hardly the kind of thing a president already campaigning for re-election wants to have to dominate the news cycle.
If the indictment comes as promised, a trial would almost certainly come in the middle of the 2024 campaign.
Special Counsel Filing on Hunter Biden United States of America, V. Robert Hunter Biden, Criminal Action No…
About Dave Workman
Dave Workman is a senior editor at TheGunMag.com and Liberty Park Press, author of multiple books on the Right to Keep & Bear Arms, and formerly an NRA-certified firearms instructor.
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There’s peril when media sets out to confirm a narrative instead of reporting facts. Whether it’s criminal violence in America perpetrated by a deranged lunatic or by violent drug cartels in countries beyond our borders, some media outlets will find the flawed logic to argue it is American companies that should be punished.
This results in a disservice to readers and erodes public trust not just in their subjects but also in the Fourth Estate.
It’s no surprise The Washington Post published an article critical of the firearm industry. What is surprising is that a news outlet with the motto “Democracy Dies in Darkness” would get so much wrong writing about firearms and gloss over the complicated and strictly-regulated process of firearm exports. The report, written by Bloomberg opinion writer Francis Wilkinson, seemed to blame the firearm industry for corruption and crime in other nations, many with stricter gun control laws than that of the United States. The Washington Post uses words like “morally grotesque,” “murderous,” and “corrupt” to directly connect the industry with “facilitating” violent criminal regimes in other countries, including Guatemala. Other countries that are frequently referenced as receiving firearm exports from U.S. manufacturers include Mexico, Thailand, the Philippines, and even Canada.
That column was preceded by one in Bloomberg chastising U.S. firearm manufacturers for crime, corruption, and violence in Thailand. Bloomberg, of course, is owned by antigun-billionaire Michael Bloomberg, who also funds the gun control groups Everytown for Gun Safety, Moms Demand Action, and Everytown’s agitprop outlet, The Trace.
The misleading narrative of how U.S. firearm exports are regulated was repeated by the Dallas Morning News Editorial Board. In that column, editors attempted to assign blame for lawlessness in Guatemala to U.S. firearm manufacturers.
The Washington Post’s, Bloomberg’s and Dallas Morning News’ repeated mischaracterizations of the export license process and review priorities of the U.S. Department of Commerce, known as the U.S. Munitions List to Commerce Control List reforms, are myopic views to provide the public with an inaccurate account of how firearms and ammunition exports are reviewed and approved. The truth is there are multiple layers of redundancy, and duplicative end-user checks for every single firearm and ammunition license application for export to another country. Firearms are only exported after both the State Department and Defense Department approve a sale, including a specific review to consider human rights records and regional stability.
The Washington Post also references a Congressional letter sent to U.S. Commerce Secretary Gina Raimondo, in which antigun Members of Congress criticize the department for “approving nearly $16 billion in firearms export licenses in the first 16 months after it took over authority over small arms exports from the State Department – a roughly 30 percent increase from the State Department’s rate of approval – while denying only 0.4 percent of applications.” What those lawmakers get wrong, and the article’s author ignores, is that licenses issued by the Commerce Department are valid for four years, while the licenses previously issued by the State Department were only valid for one year. For this reason, the initial license applications in the transition year of 2020 were much higher than the comparable State Department totals.
Likewise, the Congressional letter refers to a Bureau of Industry and Security (BIS) license denial rate of 0.4 percent, lamenting it as extremely low and implying BIS is rubberstamping the approval of firearm export licenses. The truth is firearm exporters do not submit applications for exports to countries they know are prohibited, embargoed or under a policy of denial.
Bloomberg News has reported on Mexico’s years-long attempt to sue U.S. firearm manufacturers – including Smith & Wesson Brands Inc., Glock Inc., and Beretta USA Corp. – for $10 billion in compensatory damages with the help of the Brady United gun control group. Mexico is unwilling to enforce its gun control laws on their side of the border. Further, officials in Mexico’s federal government and military have been found guilty of corruption from the narco-terrorists plaguing that country. The firearm industry is deeply disturbed by the violence brought by these crime syndicates, often with the assistance of Mexican authorities. However, that doesn’t change the facts. Mexico is responsible for the rampant violence and corruption in their own nation.
“Mexico argues that American gun manufacturers are partly liable for the country’s 23,000 annual gun deaths. The businesses allegedly sell assault rifles that can be easily converted to fire automatically and market their weapons to cartels, violating both US law and Mexican tort law,” reported Bloomberg.
Bloomberg failed to report that Mexico has just one firearm retailer in the entire country, and it’s located on a military base in the heart of Mexico City. An independent investigation showed that the Mexican army “lost” 30 percent of its small arms purchased from the United States. Those are arms only the government can buy yet are being found at crime scenes.
The case was correctly dismissed earlier by the U.S. District Court for the District of Massachusetts but is now being considered on appeal by the U.S. Court of Appeals for the First Circuit.
The lawful and Constitutionally-protected firearm industry is among the most stringently-regulated industries in the world. Industry members all share an immense sense of pride in the role they play in facilitating the exercise of the Second Amendment by law-abiding Americans. The firearm industry is invested in efforts to improve community safety, including programs that partner with law enforcement agencies at all levels.
This includes Project ChildSafe, which has distributed over 40 million free gun safety kits, including locking devices, free of charge through partnerships with more than 15,000 local police departments in every state and five U.S. territories. It also includes Operation Secure Store and Don’t Lie for the Other Guy, which help to educate neighborhood firearm retailers about the warning signs of illegal straw purchases and how to more securely store their inventory. The firearm industry led the effort to ensure that all disqualifying records are submitted to the FBI’s National Instant Criminal Background Check System (NICS) by championing the FixNICS campaign to ensure the background check system works as intended. So far, the law has been changed in 16 states and in Congress.
NSSF also partners with the American Foundation for Suicide Prevention (AFSP) and the Department of Veterans Affairs to provide firearm ranges and retailers resources to better recognize the signs of mental distress of suicidal ideations.
Media ignore that it’s the firearm industry that has a proven history of spearheading responsible gun ownership initiatives that have led to the lowest levels of unintended firearm fatalities since records first were kept in 1903, according to the National Safety Council’s Injury Facts Report. Instead, they carry the antigun water to blame U.S. companies for the violence committed in other countries.
About The National Shooting Sports Foundation
NSSF is the trade association for the firearm industry. Its mission is to promote, protect and preserve hunting and shooting sports. Formed in 1961, NSSF has a membership of thousands of manufacturers, distributors, firearm retailers, shooting ranges, sportsmen’s organizations, and publishers nationwide. For more information, visit nssf.org
]]>A community in Jefferson County, Alabama, was shocked last week after a first-grade student was suspended from Bagley Elementary School for pretending his fingers were shaped like a gun while playing with a classmate during recess.
Many people were concerned about the severity of the punishment, which was a Class III suspension!
This type of suspension is usually given for severe offenses like arson, assault with a weapon, selling drugs, and bomb threats. The shocking incident is reigniting a nationwide debate on school discipline policies, and parents and advocates for children’s rights raised their eyebrows at this punishment.
Jarrod Belcher, the father of a young boy, expressed his disapproval of his son’s suspension, considering it to be excessive and damaging to his son’s future. The school defended its decision, but after public outcry and Mr. Belcher’s persistence, they decided to reduce the suspension to a Class II level.
“They labeled my six-year-old as a potentially violent and dangerous student because he was being a little boy and playing cops and robbers with another student (who was also suspended) and using his fingers like a gun,” said Belcher. “It should be noted that punching or hitting a student would have only been a Class II violation, so in the eyes of these school administrators, a finger gun is more serious than punching a classmate in the nose. Fists have broken many noses, but in the last 600 years since the invention of firearms, not a single person has been so much as bruised by a ‘finger gun.’”
In response to the situation, Gun Owners of America (GOA) teamed up with a gun rights organization based in Alabama, BamaCarry, to address the issue proactively. Their goal was to ensure that the incident would not affect the young boy’s permanent record and to prevent any similar occurrences in the future. They are working together to achieve this goal.
“This incident shows how embedded the anti-gun mindset is in so many communities, including in red states like Alabama,” Said Erich Pratt, Senior Vice President of GOA.
“This was a gross mishandling of a situation where children were simply being children. I imagine most men, young and old, hearing about this can recall having played in a similar fashion in their own youth. We will continue to demand action until a full apology is made and all disciplinary records tied to this incident are permanently destroyed.”
After collaborating, the two gun rights organizations wrote a strongly-worded letter, which they sent to the school administration, the school board, and the school district. The letter demanded the complete removal of the incident record from the student’s file and an amendment to the current school policy, which led to the improper punishment. The demands were based on the belief that children should be allowed to engage in age-appropriate play, such as the finger gun incident, without fear of disciplinary action.
During childhood, children experience a world of innocence and exploration. Imaginative play is a crucial aspect of this phase, and pretending to have a finger gun is a common game among children that has endured for generations without causing any harm. It is essential to understand that such behavior is a natural part of development and a means for children to express themselves and engage in imaginative play.
It’s vital for schools to maintain a safe learning environment while also allowing children to be children. Although discipline is necessary, punishing young students for harmless behavior can send the wrong message and have adverse effects on their self-esteem and future prospects. Balancing discipline with age-appropriate expectations is key to fostering a positive and healthy learning environment.
Such a label can negatively impact a child’s self-perception, relationships with peers, and opportunities for growth and success. In the case of the Bagley Elementary student, being labeled as potentially violent because of a harmless act of play could have been a lifelong burden.
The prompt response from advocacy groups such as GOA and BamaCarry showcases the significance of collective efforts in safeguarding the rights and welfare of children. Through their joint efforts, these organizations, along with Mr. Belcher, were able to bring attention to injustices and advocate for reforms.
The letter sent by GOA and BamaCarry is urging schools nationwide to review and modify their disciplinary policies. These policies should consider the age and developmental stage of the children involved to ensure that any punishment is appropriate.
It is now up to schools and policymakers to heed this call and ensure that disciplinary policies are fair and appropriate for the children they serve.
Bagley Elementary School Alabama Finger Gun Suspensions 23.09.07 Ltr Re Suspension (4)
About John Crump
John is an NRA instructor and a constitutional activist. John has written about firearms, interviewed people from all walks of life, and on the Constitution. John lives in Northern Virginia with his wife and sons and can be followed on Twitter at @crumpyss, or at www.crumpy.com.
]]>Battlehawk Armory has 450 rounds cases of Fiocchi Range Dynamics 5.7X28Mm 40Gr FMJ Ammunition on sale for $219.99 with Free Shipping this weekend. That is $0.488 each delivered and a great price.
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NEW ORLEANS – Melvin Walker, 35, a resident of Westwego, Louisiana, was sentenced by U.S. District Judge Jay C. Zainey to 37 months in the custody of the Bureau of Prisons for violating the Federal Gun Control Act, announced U.S. Attorney Duane A. Evans. On May 11, Walker pled guilty to a one-count indictment charging him with being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1) and 924(a)(8).
Walker removed a nine-millimeter firearm from his waistband and fired back at the fleeing SUV. Walker sustained a gunshot wound during the gunfire exchange.
Jefferson Parish Sheriff’s Office deputies responded to the scene and collected fired casings from Walker’s nine-millimeter firearm, as well as .223 rifle casings believed to have been discharged by the occupants of the white SUV. Walker’s residence was searched by deputies, who located a bloody nine-millimeter magazine on Walker’s living room couch. The deputies also determined that the ammunition collected from the magazine was the same caliber and brand of ammunition discharged by the nine-millimeter that Walker discharged. Walker has two previous convictions for firearms-related offenses and is prohibited from possessing firearms.
Following his term of incarceration, Walker will be placed on supervised release for 36 months. The court also imposed a mandatory special assessment fee of $100.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities and measuring the results.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Jefferson Parish Sheriff’s Office. It is being prosecuted by Assistant U.S. Attorney Brittany Reed of the Public Integrity Unit.
New Orleans Field Division
Read Related
Bureau of Alcohol, Tobacco, Firearms, and Explosives
ATF is the federal law enforcement agency responsible for investigating violations of the federal firearms and explosives laws and regulations. More information about ATF and its programs can be found at www.atf.gov.
]]>BILLINGS, Mont. — A Billings man accused of illegally possessing a gun near a Billings elementary school appeared today in federal court on a firearms charge, U.S. Attorney Jesse Laslovich said.
Gabriel Cowan Metcalf, 49, had an initial appearance on a criminal complaint charging him with possessing a firearm within a school zone. If convicted, Metcalf faces a maximum of five years in prison, a $100,000 fine, and three years of supervised release.
U.S. Magistrate Judge Timothy J. Cavan presided. Metcalf was detained pending further proceedings.
The government alleged in court documents that from Aug. 2 to 17, the Billings Police Department received multiple calls and weapons complaints regarding Metcalf, who lives at 430 Broadwater Ave., walking on the sidewalk and around the area carrying a firearm. Broadwater Elementary School is directly across the street from Metcalf’s residence.
Bureau of Alcohol, Tobacco, Firearms and Explosives agents arrested Metcalf near his residence on Tuesday night, pursuant to a warrant issued by a federal judge, and executed a search on the residence at 430 Broadwater Ave.
A criminal complaint is only an accusation, and a defendant is presumed innocent until proven guilty beyond a reasonable doubt.
Assistant U.S. Attorney Thomas K. Godfrey is prosecuting the case. The ATF and Billings Police Department conducted the investigation.
PACER case reference: 23-130.
The progress of cases may be monitored through the U.S. District Court Calendar and the PACER system. Visit PACER to establish an account, which provides electronic access to review documents filed in a case.
Denver Field Division
Read Related
Bureau of Alcohol, Tobacco, Firearms, and Explosives
ATF is the federal law enforcement agency responsible for investigating violations of the federal firearms and explosives laws and regulations. More information about ATF and its programs can be found at www.atf.gov.
]]>Jacksonville FL – Judge Marcia Morales Howard has sentenced Matthew Hoover of CRS Firearms and Kristopher Justin Ervin, the defendants in the AutoKey Card case. Ervin and Hoover were convicted in a Florida Federal Court in April 2023 for transferring machinegun conversion devices, known as Autokey Cards.
The AutoKey Card is a slim metal card that has etched markings that resemble a lightning link. A lightning link allows users to modify certain AR-15-style rifles and convert them into machine guns. As per the National Firearms Act of 1936 (NFA), any device that can change a gun into a machine gun is regulated as a machine gun itself.
Ervin considered the card as a conversation starter. He intended it to spark a discussion about gun rights and the foolishness of gun laws. During the trial, it was disclosed that Ervin did not want a deep etching on the card, in order to prevent buyers from cutting out the lightning link. It was also revealed that the lightning link etching was not the correct size to function as a lightning link, even if someone could cut it out from the card.
Even the ATF itself couldn’t get the lightning link to function by cutting out an AutoKey Card along the lines. The only way the ATF could get a firearm equipped with a lightning link made from the AutoKey Card to fire automatically was by jamming the fire control group and causing hammer follow. The ATF lawyers argued that the men believed the device would work, so it didn’t matter that the AutoKey Card wasn’t functional.
Hoover was convicted of conspiracy. However, he neither sold the card nor owned any part of the company. His role was advertising the item on his popular YouTube channel, CRS Firearms. According to the government, the majority of the company’s sales were directly attributed to its advertisement campaign.
The court recommended a sentence of 22 to 34 months in prison or supervised release for Hoover based on the pre-sentencing report (PSR). Meanwhile, the PSR suggested time served and a three-year probation for Ervin, who has been in jail for nearly three years. Our reporter and Richard Hughes from the YouTube channel FlyingRich were given access to the PSR, which prompted the government to attempt and fail to obtain gag orders against our reporting.
The Department of Justice disagreed with the pre-sentencing report (PSR) and urged the judge to impose a harsher sentence on two men. The Assistant US Attorney (AUSA) leading the case, Laura Cofer Taylor, requested the judge to punish the defendants severely.
The DOJ recommended a sentence of 19 1/2 to 24 1/2 years in federal prison despite the fact that the men had no prior felony convictions.
During the trial, the judge acknowledged that the Pre-Sentence Report (PSR) failed to consider that the ATF considers the AutoKey Card to be machine guns. However, the judge also stated that she would never sentence the accused men to the minimum punishment that the government wanted. Furthermore, the judge questioned why the ATF is not proactively recovering the AutoKey Cards from people’s houses if they pose such a great danger.
The judge handed down the sentences on the second day of the sentencing hearing. Kristopher Justin Ervin and Matthew Hoover were both sentenced to five years in prison. Although the sentence is not what the government had hoped for, it still seems excessively harsh for a crime with no victims.
Both men are expected to appeal the verdict.
About John Crump
John is a NRA instructor and a constitutional activist. John has written about firearms, interviewed people of all walks of life, and on the Constitution. John lives in Northern Virginia with his wife and sons and can be followed on Twitter at @crumpyss, or at www.crumpy.com.
]]>The Biden-Harris administration—according to a statement from the White House—has taken what it claims to be “another life-saving step” to keep guns out of “dangerous hands,” this time by proposing a new “rule” to essentially shut down gun shows and make it more difficult for gun owners to buy or sell their personal firearms.
This came a day after the federal Bureau of Alcohol, Tobacco, Firearms and Explosives announced the following:
“On August 30, 2023, the Attorney General signed ATF’s notice of proposed rulemaking (NPRM) 2022R-17, ‘Definition of ‘Engaged in the Business’ as a Dealer in Firearms,’ which proposes to amend ATF’s regulations to implement the provisions of the Bipartisan Safer Communities Act (BSCA), enacted on June 25, 2022.
“The NPRM proposes to incorporate the BSCA’s definition ‘predominantly earn a profit,’ creating a stand-alone definition of ‘terrorism,’ and amending the definitions of ‘principal objective of livelihood and profit’ and ‘engaged in the business’ to ensure each conforms with the BSCA’s statutory changes and can be relied upon by the public.”
There are two sets of bullet points, one from the White House and the other from ATF. Here’s the White House version:
“The proposed rule, if finalized, would clarify that an individual would be presumed to be “engaged in the business” of dealing in firearms—and therefore be required to become a licensed firearms dealer and run background checks—if they meet certain conditions. For example, under the proposed rule, a person would be presumed to be required to become a licensed dealer and run background checks if they meet one or more of the following criteria:
“The proposed rule,” says the White House, “would also clarify that, for civil or administrative actions, an individual would be presumed to have the intent to ‘predominantly earn a profit’—one of the elements of engaging in the business of dealing firearms—if the person engages in activities such as:
“The proposed rule,” the Biden-Harris administration says, “would make clear that there is no ‘gun show loophole’ or ‘internet loophole’ in federal law. Dealers who engage in the business of selling guns are required to obtain a license and run background checks no matter where they engage in the business of buying and selling firearms. That include at gun shows and over the Internet.”
While it is an arguable point some people attend gun shows regularly to buy and sell firearms—and therefore might be considered “engaged in the business,” one would have to look closely at the White House criteria to determine whether he/she does, or does not, fit the description.
But then comes the list of bullet points in the ATF announcement:
“Furthermore,” the ATF says, “the NPRM specifically proposes to clarify when a person is ‘engaged in the business’ as a dealer in firearms at wholesale or retail by:
Once the proposed rule, all 108 pages of it, is published in the Federal Register, a 90-day period for public comment will be open. Here are the two ways people may submit comment:
So, sometime between now and the end of this year, the Biden-Harris administration will have likely set another brick in place on the wall the president has been determined to build between the people and the Second Amendment.
With 2024 just over the horizon—and with it the beginning of the campaign for the presidency, every seat in the U.S. House of Representatives and many seats in the U.S. Senate—one might think a major gun control effort might be held off. Nothing brings gun owners to the polls like an attack on their rights, but perhaps Democrats don’t think they need to worry this time around.
ATF – Engaged in the Business as a Dealer in Firearms by AmmoLand Shooting Sports News on Scribd
About Dave Workman
Dave Workman is a senior editor at TheGunMag.com and Liberty Park Press, author of multiple books on the Right to Keep & Bear Arms, and formerly an NRA-certified firearms instructor.
]]>Oklahoma’s Pushmataha County Sheriff’s Office is investigating the ATF for their recent SWAT raid of one of their county’s most respected residents, Russell Fincher, PCSO Undersheriff Dustin Bray said Tuesday.
No one at the ATF warned the Sheriff’s Office in advance that highly armed federal agents would be conducting the SWAT raid, the Undersheriff said.
“We weren’t apprised of anything,” Bray said. “We are a Second Amendment County and we are going to protect our citizens here. We are not going to enforce any gun law or rule that violates the constitution.”
Bray did not yet know whether the investigation would yield criminal charges against ATF agents, adding, “That’s a good one for the Attorney General. The thing I’m looking at are more constitutional issues than criminal, such as civil rights violations.”
Bray said his agency began a “deep dive” into ATF’s conduct. Still, this investigation was put on hold because of an unrelated double homicide in the county, followed by two officer-involved shootings. The PCSO has around a dozen deputies who are responsible for patrolling a county of more than 1,400 square miles.
“We are going to look at this and take it as far as we can,” Bray said. “We are going to look at it – definitely.”
Undersheriff Bray, a 21-year law enforcement veteran who has been at PCSO since 2018, was most concerned about ATF’s apparent disregard for standard deconfliction protocols, which are commonplace among state, county, and local law enforcement agencies.
The Commission on Accreditation for Law Enforcement Agencies defines confliction as “the process of determining when law enforcement personnel are conducting an event in close proximity to one another at the same time. Events include law enforcement actions such as raids, undercover operations, surveillance, or executing search warrants.”
In other words, deconfliction prevents two groups of cops from showing up at the same location at the same time and pointing guns at each other.
“They (ATF) didn’t do any deconfliction with Pushmataha County,” Bray said. “We had no idea they were coming. We didn’t hear anything about it until weeks had passed. Nothing ever got reported to us. I’m not a fan of that. The Sheriff is the chief law enforcement officer of the county.”
ATF Special Agent Theodore Mongell, who led the SWAT raid at Fincher’s home, was unwilling to talk about deconfliction or the Sheriff’s Office’s ongoing investigation.
“Sir, per the last conversation we had, I can’t give any comment at this time,” Mongell said Wednesday. “This is a confidential investigation – a criminal investigation. I will forward your information to my supervisors for comment.”
No one from ATF’s Oklahoma City Field Office or ATF’s Tulsa Satellite Office returned the call.
A story published Tuesday revealed that Oklahoma state Rep. Justin “JJ” Humphrey sent a letter to Oklahoma’s Governor, Attorney General, and other law enforcement officials demanding an investigation into the ATF raid of Fincher’s home. Fincher is one of Humphrey’s constituents, a part-time gun dealer, a high school history teacher, and a Baptist pastor.
According to a press release, Humphrey said he was contacted by Fincher after a dozen ATF SWAT team members bearing “automatic weapons” raided Fincher’s home, handcuffed him on his porch in front of his 13-year-old son, and coerced and threatened him into relinquishing his Federal Firearm License.
“If this report is true, and I have every reason to believe it is, then it would appear the ATF’s actions constitute a gross misuse and abuse of their federal police powers,” Humphrey said in the press release.
Fincher, Humphrey wrote in the letter, “is a distinguished figure in our community, serving both as pastor and schoolteacher in the small community of Clayton, Oklahoma. He is known as a respected member of the community, and I have every reason to believe his account. If proven true, the actions of the ATF agents could be seen as a severe misuse and abuse of their federal law enforcement authority.”
Communications staff for Oklahoma Attorney General Gentner Drummond did not immediately return calls or emails seeking their comments for this story.
This story is presented by the Second Amendment Foundation’s Investigative Journalism Project and wouldn’t be possible without you. Please click here to make a tax-deductible donation to support more pro-gun stories like this.
About Lee Williams
Lee Williams, who is also known as “The Gun Writer,” is the chief editor of the Second Amendment Foundation’s Investigative Journalism Project. Until recently, he was also an editor for a daily newspaper in Florida. Before becoming an editor, Lee was an investigative reporter at newspapers in three states and a U.S. Territory. Before becoming a journalist, he worked as a police officer. Before becoming a cop, Lee served in the Army. He’s earned more than a dozen national journalism awards as a reporter, and three medals of valor as a cop. Lee is an avid tactical shooter.
]]>FN America, LLC is pleased to announce the release of the FN Catch 22Ti, the company’s first rimfire suppressor and second installment in its suppressor lineup following the FN Rush 9Ti released in 2022. The rimfire Catch 22 Ti is a lightweight, durable and quiet suppressor that has been optimized for versatility, spinning up to all suppressor-ready rimfires like the FN 502 Tactical. Designed for unmatched reliability, the Catch 22 Ti turns a normal day on range into an incredibly quiet blast.
“With the successful release of the 9mm Rush 9Ti last year, tackling the rimfire category is the next logical step as we expand our suppressor lineup and develop accessories that enhance our suppressor-ready firearms,” said Chris Cole, Vice President of Sales and Marketing for FN America, LLC. “The FN Catch 22 Ti is an extremely small and tough rimfire suppressor with very effective sound reduction and impressive reliability given the wide variety of .22 ammunition. While it delivers all these benefits to shooters in a compact and lightweight package, it’s also a blast when paired with an FN 502 Tactical.”
Image
Reliability, especially when paired with the FN 502 Tactical, was a key performance metric in the development of the suppressor given the wide variability that is common with .22 ammunition. The Catch 22 Ti was subjected to an extremely rigorous endurance testing paired with the FN 502 Tactical and other .22-caliber firearms along with a variety of common rimfire ammunition loads to ensure functional reliability and platform adaptability would rise above the current products in market.
“During testing, FN ran the FN 502 Tactical suppressed with the FN Catch 22Ti to very high round counts, stopping only to perform routine cleaning and lubrication along the way,” said John Ryan, Director of Product Management for FN America, LLC. “The combination ran flawlessly from start to finish with zero malfunctions, which speaks volumes about the robust design of the Catch 22.”
FN AMERICA FN 502 Tactical 22LR 4.6" 10rd Optic Ready Pistol w/ Threaded Barrel - FDE | KYGUNCO | $ 497.92 |
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FN 502 TACTICAL 22LR FDE 15+1 THREADED BARREL PISTOL | BattleHawk Armory | $ 499.00 |
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FN America 502 Tactical FDE Optic Ready Compact 22LR Pistol with Thumb Safety | SCHEELS | $ 539.99 |
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FN 502 Tactical 22 LR 4.60 15+1 (FDE)" | Ammunition Depot | $ 539.00 |
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Considering the effects of environmental elements and ammunition velocity, the pairing of the FN 502 Tactical with the Catch 22 Ti produces a significantly reduced sound signature that dramatically improves the shooting experience and is especially notable when paired with supersonic ammunition. The usual crack that is heard during unsuppressed fire is all but eliminated and the loudest sound that can be heard is the impact on steel.
“While we don’t publish decibel reduction ratings for our suppressors due to the variability in sound capture methods, meters and ammunition types, multiple sound tests prove the FN Catch 22 Ti is extremely effective in reducing the report of .22LR and other rimfire loads,” said Rich Spalla, Suppressors Product Manager for FN America, LLC. “When we compare Catch 22 Ti head-to-head with all other rimfire suppressors, sound reduction performance puts the newest FN suppressor at the top of its class, suppressing the signature high-pitched crack.
Weighing in at just approximately 5 ounces and 5.25 inches in length, the titanium-hybrid construction of the Catch 22 Ti provides the perfect balance to the FN 502 Tactical. Similar to the Rush 9Ti, the Catch 22 Ti features a titanium tube with a robust Cerkote coating rated for high temperatures. The baffle stack is comprised of a stainless-steel blast baffle tempered for heat resistance and an aircraft-grade aluminum baffle stack for the ultimate strength-to-weight ratio. The included tool enables quick removal of the end cap and baffle stack, making cleaning and maintenance fast and simple.
“Serviceability is critical with rimfire suppressors and .22 rimfire ammunition is notorious for producing a lot of fouling and build-up. We wanted to ensure that owners could easily disassemble their Catch 22 Ti to thoroughly clean each component,” added John Ryan, Director of Product Management. “The included disassembly tool makes maintenance fast and simple – using the tool, unscrew the end cap and slide the entire baffle stack out.”
The slim 1.1-inch tube clears the suppressor-height sights easily on the FN 502 Tactical and mounts securely to any platform via the 1/2×28-inch threads and is rated for rimfire firearms chambered in .22LR, .22 Mag, .22 WMR, and .17 HMR.
ImageSpecifications:
To learn more about the FN Catch 22 Ti, please visit fnamerica.com/catch-22ti.
Carry the Future | FN America, LLC, the U.S. subsidiary of Belgium-based FN Herstal, S.A. provides U.S. military, law enforcement, and commercial customers with a complete range of state-of-the-art, groundbreaking solutions developed around small caliber firearms and associated ammunition under the FN brand name.
FN product lines include portable firearms, less lethal systems, integrated weapon systems for air, land, and sea applications, remote weapon stations, small-caliber ammunition, as well as modern and cutting-edge solutions to provide enhanced combat, logistics, maintenance, and communication capabilities.
FN Herstal is the Defense & Security entity of Herstal Group that also includes a Hunting & Sports Shooting entity (Browning and Winchester Firearms* brand names) and operates globally. In addition to FN America, FN Herstal is the parent company of FNH UK in the United Kingdom and Noptel (optoelectronics) in Finland.
FN America is headquartered in McLean, Virginia, and has manufacturing operations in Columbia, South Carolina. The company also plans future manufacturing operations in Liberty, South Carolina.
For more information on FN’s latest products, visit us at www.fnamerica.com or follow us on Facebook, Twitter (X), and Instagram.
*Winchester Firearms is a registered trademark owned by the Olin Corporation.
]]>The Biden administration is forcing the federal agency charged with overseeing the strictly-regulated firearm industry to tighten a vice grip on private gun owners, claiming if they privately sell guns and offer to sell more, they’re “engaged in the business.”
This is just the latest salvo from President Joe Biden, who declared from the debate stage in 2019 that the firearm industry is “the enemy.”
Now, as the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is snuffing out firearm retailers at a record pace due to an unrelenting attack of historically-high firearm license revocations under the guise of its “zero-tolerance” policy, the administration has unilaterally proposed an expansion of the definition of who is required to obtain a dealer’s license and therefore run a National Instant Criminal Background Check System (NICS) verification to transfer a firearm.
Recall failing to obtain a dealer’s license when required by law is a crime.
This latest gambit does more than exceed the ATF’s statutory authority. It’s an unfeasible requirement. There is no way ATF could keep up with another 328,000 federal firearm licensees.
President Joe Biden continues to barrel around Congress to generate unconstitutional laws when Congress stands against him trampling on citizens’ rights. That’s after conceding he’s powerless to do anything without Congressional action.
U.S. Attorney General Merrick Garland announced the proposed rule that would redefine who qualifies as “engaged in the business” and would require a federal firearms license (FFL) and run a NICS background check when selling or transferring a gun, as well as to maintain all the required records and paperwork. This is a thinly veiled attempt to create a universal background check scheme – which even the Department of Justice (DOJ) has admitted would necessitate a federal firearm registry to work. That’s forbidden by federal law.
The irony is Congress clarified the “engaged in the business” definition in the Bipartisan Safer Communities Act (BSCA). Congress made a one-word change to the “engaged in the business” definition by removing the word “livelihood” the courts had effectively read out of the statute. The law still defines a firearm dealer as “a person who devotes time, attention and labor to dealing in firearms as a regular course of trade or business to predominantly earn a profit through the repetitive purchase and resale of firearms, but such term shall not include a person who makes occasional sales, exchanges, or purchases of firearms for the enhancement of a personal collection or for a hobby, or who sells all or part of his personal collection of firearms.”
There wasn’t a need for the administration to publish 108 pages to clarify a definition that was just updated unless the administration is attempting to snatch away Second Amendment rights from Congress and “The People.”
Yet, the Biden administration is overreaching, claiming they have orders from Congress when they clearly don’t.
“This proposed rule implements Congress’s mandate to expand the definition of who must obtain a license and conduct a background check before selling firearms,” AG Garland said.
The proposed rule, subject to public comment and final approval, would require any individual selling firearms online or at gun shows to be licensed and run background checks before completing the transaction, according to Fox News. The Associated Press reported that ATF estimates the proposed rule sweeps up as many as 328,000 private citizens.
In a move not unique to this administration, the Biden administration’s legal contortions of the BSCA have gone over like a lead balloon. The proposal strains under its own weight, and Congress is brushing back the administration.
“This language is tailored towards individuals regularly selling guns to strangers with the predominant motive of making money through a side business, like the person who sold the Midland shooter his weapon, and it is drafted in such a way that prosecutors will need to prove specific intent on the part of the unlicensed seller,” said officials at U.S. Sen. John Cornyn’s (R-Texas) office. “The Biden admin should expect for this rule to be struck down because it is unconstitutional.”
Sen. Joni Ernst’s (R-Iowa) staff said any efforts to move beyond the previous boundaries for licensing would go against Congress’s intent.
“President Biden is twisting the law to fit his liberal gun-grabbing agenda,” the senator’s staff told media. “His administration’s latest attack on lawful gun owners clearly oversteps both the intent and the text of the law, at the expense of the average gun seller. Senator Ernst has repeatedly defended FFL holders and will continue to stand up against the Biden administration’s attack on Second Amendment rights.”
The unilateral expansion of the firearm dealer definition is unconstitutional and a violation of the Administrative Procedures Act (APA) that will be struck down by the courts. It is also a misallocation of valuable resources and time that should be devoted to going after criminals who willfully break the law. ATF enforcement efforts shouldn’t be used to track down a firearm hobbyist who sells an occasional firearm or an uncle who gifts a cherished hunting rifle to his niece. Gunsmithing and building firearms at home, of course, have been common hobbyist activities since before the country was founded.
Expanding the dealer definition means ATF would now be charged with monitoring and requiring registration of up to 328,000 Americans it now deems as “firearm dealers” even though they only make occasional firearm sales, exchanges, or purchases for the enhancement of a personal collection or a hobby, or who sells all or part of a personal firearm collection. Congress did not change the requirement that to be a “dealer,” a person must devote time, attention, and labor to dealing in firearms as a regular course of trade or business to predominantly earn a profit through the repetitive purchase and resale of firearms. The agency’s workload already appears strained enough. The ATF already conducted 6,609 inspections of federal firearms licensees – starting on Oct. 1. That’s close to 2022’s total of 7,502 for the entire year. More sobering is that license revocations are already at 122. There were 92 for all of FY 2022.
For the actual regulated industry NSSF represents, the drain on ATF resources to implement this proposed rule will grind legitimate commerce to a halt. ATF will be unable to provide necessary customer service to the industry, like processing import permits, forms for making and transferring suppressors and classification determination on new products. The firearm industry will go from zero tolerance to zero lawful, Constitutionally-protected commerce – perhaps an ulterior motive behind the rule.
Ironically, during the Clinton administration gun control groups, chiefly Handgun Control Inc. (now renamed Brady United), complained bitterly that there were too many “kitchen table dealers” and that ATF did not have the resources to inspect and license them all. It seems the gun control lobby can’t make up their mind and have done a complete about face on this issue.
President Biden abuses the Constitution and executive authority by wielding ATF like a sledgehammer against law-abiding gun owners, turning them into criminals overnight. He’s making and redefining law when Congress explicitly has chosen not to. The proposed rule is clearly an unconstitutional attack on lawful gun ownership.
About The National Shooting Sports Foundation
NSSF is the trade association for the firearm industry. Its mission is to promote, protect and preserve hunting and shooting sports. Formed in 1961, NSSF has a membership of thousands of manufacturers, distributors, firearm retailers, shooting ranges, sportsmen’s organizations, and publishers nationwide. For more information, visit nssf.org
]]>More than three years have passed since Canada’s Prime Minister Justin Trudeau announced a ban and mandatory confiscation (“buyback”) of what he called “military-grade assault weapons,” which was followed by a national handgun “freeze” and other gun control measures.
We’ve tracked these developments as a matter of interest for our members and other readers. Today, we’ll examine recent articles by Canadian commentators on how they view these measures and what they perceive will be the real impact on crime, public safety, and the ultimate costs.
The 2020 Orders-in-Council criminalized thousands of makes, models, and “variants” of firearms, including ordinary semi-automatic firearms used for hunting and sport shooting. Owners of these lawfully acquired but now-prohibited firearms may continue to possess (but generally cannot use) their property until the amnesty expires on October 30, 2023. A government website is clear that, “[w]hen the Amnesty period ends, individuals and businesses [that] remain in possession of prohibited firearms or devices may be subject to criminal liability.”
In the meantime, how the government will implement the “buyback” remains TBA.
In June, Gage Haubrich, the prairie director for the Canadian Taxpayers Federation (CTF), wrote an opinion piece in the Financial Post titled, New Zealand’s gun buyback suggests Ottawa’s won’t work. The CTF has consistently opposed Trudeau’s ban and buyback scheme as yet another pointless waste of public money, noting that the “government still hasn’t told taxpayers how much the gun buyback will cost.” Haubrich uses the 2019 government confiscation of firearms in New Zealand and the existing (limited) cost estimates for Trudeau’s gun grab as the basis for recommending that the federal government “scrap the gun ban and buyback.”
New Zealand initially budgeted $16 million (in Canadian dollars) for just the implementation of the “buyback,” which ended up costing almost twice that amount. Compensation payments added a further $106 million to the bill, working out to a per-firearm price of about $1,800. (Keep in mind that Canada’s population is eight times that of New Zealand’s and it is geographically 37 times larger.) Another factor affecting the bottom line is the federal government’s track record on costing-out gun control: Canada’s failed long-gun registry was initially estimated to cost $2 million, but the final price tag was $2.7 billion, suggesting that a sizeable suspension of disbelief is warranted in relation to an official estimate of the “buyback” cost of $756 million (which excludes any administrative expenses).
Given that the proffered justification for the ban and “buyback” is to “keep Canadians safer,” the New Zealand experience is illustrative here as well. Haubrich writes that after guns were taken away from law-abiding New Zealanders, violent gun crime in that country increased significantly. The “decade before the buyback[,] violent firearm offences averaged 932 a year. In 2019, the year of the buyback, there were 1,142 offences; in 2020, 1,156; in 2021, 1,338; and last year, 1,444. That’s up almost 55 per cent over the pre-ban decade.” If anything, this squares with the warnings of Canada’s National Police Federation, describing the ban and “buyback” law as not only ineffective to curtail crime, gangs, and the illegal use of firearms, but “divert[ing] extremely important personnel, resources, and funding away from addressing the more immediate and growing threat of criminal use of illegal firearms.”
Another critical aspect of the economics of the ban and “buyback” was analyzed by the Fraser Institute. Federal government plans to confiscate $4 billion worth of private property via gun ban (July 21, 2023) by Gary Mauser (Professor Emeritus, Simon Fraser University), observes that the crackdown on responsible gun owners and “campaign by the Trudeau government to disarm Canadian civilians” has “rendered valueless more than $4.0 billion of private property from law-abiding Canadians while simultaneously bankrupting hundreds of small businesses.”
Besides the mandatory buyback, Mauser points to another Trudeau gun control law announced last year. A “national freeze” that prohibits sales, purchases, and transfers (including through inheritance) of almost all handguns, and that requires their surrender without compensation when the owner dies, “effectively renders approximately one million legal firearms (valued at more than $1.0 billion) worthless.”
Property that was legally owned and used now must be forfeited to the government to purportedly ‘reduce gun violence,’ but none of the owners have been accused of a violent act. Nor were any likely to commit a violent crime.”
Moreover, these measures have grave and likely irreversible financial consequences for firearm-related businesses. “[M]ore than 4,500 small and medium-size businesses, which employ more than 40,000 people, are now stuck with large amounts of inventory that are suddenly illegal for them to sell or export. These businesses can’t absorb such losses; many will need to cut jobs or close their doors. The Canadian Sporting Arms and Ammunition Association estimates the economic loss at between $900 million and $1.06 billion.” Yet another casualty of these government actions is fish-and-game clubs, which face “severe financial pressure because they rely on target sports for much of their income.”
What makes all this even more disastrous – as Mauser sets out in detail – is that none of these measures are likely to make Canadians any safer. Studies have shown that higher gun prevalence levels do not cause higher crime or homicide rates, and “peer-reviewed research shows that previous legislation prohibiting the possession and acquisition of certain firearms made no discernable impact on the rates of homicide, spousal homicide or suicide in Canada or other countries.” Canadians are required to have a valid Possession and Acquisition Licence (PAL) to purchase a firearm, and “be vetted by the RCMP and checked daily for any violation through the ‘continuous eligibility screening’ program.” PAL holders are “exceptionally unlikely” to be murderers – moose, as Mauser points out elsewhere, kill more Canadians than licensed gun owners.
Another indicator Mauser cites is the homicide rate in America. Despite increases in licensed carry and constitutional carry in the U.S., the homicide rate “has fallen faster than in Canada. By 2021, Canada’s homicide rate had fallen 13 per cent from the peak in 1991 (from 2.69 to 2.06 per 100,000) while the U.S. homicide rate had fallen 31 per cent in the same period (from 9.8 to 6.5 per 100,000).”
Mauser concludes that the government’s gun control measures are nothing more than political window-dressing: “Focusing on guns rather than violent criminals lets Ottawa pose as a protector of public safety while doing very little about criminal violence.”
A much more detailed review of the recent gun control measures is Aiming Off Target: Gun Policy in Canada (August 2023), a 28-page paper by Noah Schwartz and Tim Thurley published by the Macdonald-Laurier Institute (MLI), a “rigorously independent and non-partisan” public policy think-tank based in Ottawa. The paper examines Bill C-21 (proposing, among other things, a ban on semi-automatic firearms designed to accept detachable magazines), the “assault weapon” ban, and the regulatory freeze on handguns. “These measures,” the authors conclude, “are out of step with the strongest evidence,” “will have little effect on violent crime,” and instead, “distract from meaningful, evidence-based efforts to reduce crime and violence.”
Existing handgun owners must be licensed, satisfy training requirements and have their personal data entered in the Canadian Police Information Centre database, which “amounts to a continual background check as their data is routinely scanned through the system,” including any interactions with law enforcement. The Liberal government’s national handgun freeze “offers no appreciable public safety benefit” because the “overwhelming majority” of firearms used in crimes are illegally obtained from the United States and are not domestically sourced.
As for the 2020 ban of what the authors call “assault style firearms” (ASF), the paper points out that “true assault rifles” have been prohibited in Canada since 1978. The current “assault weapon” terminology used by the Liberal government is derived from an expansive and imprecise definition invented by gun control advocates in the United States. Besides the makes and models most recently prohibited as ASF, the government “has pledged to complement this with a backwards-looking Order in Council prohibition” of guns, to “include those that do not meet even the new proposed definition of ASF, including the SKS, M1 Garand, and various rimfire rifles.” These measures are not likely to reduce gun crimes for many reasons. Access to these firearms in Canada “has been strictly controlled for decades through a licensing system designed to limit ownership to trained and thoroughly vetted users,” making it “highly unlikely that prohibitions would have further meaningful impacts.”
Instead, in common with the Mauser article, the paper states the actual meaningful impact the law will have will be against Canadian hunters, farmers, trappers, sports shooters, and collectors, including indigenous communities and sustenance hunters, and gun and hunting supply businesses, many of which have already been forced to close.
Significantly, the authors observe that “Canada’s gun policies have been shaped largely by political considerations and wedge politics, not by the government sincerely considering public safety research and concerns.” Accordingly, these measures “will further erode public trust in government amongst gun owners, who interpret them as a politically motivated attack on their way of life.” The way forward is for the government to drop the national handgun freeze, “repeal the costly and ineffective…ban of assault style firearms” (and planned expansion of that ban to other firearms), and revise the existing firearms classification system, which these describe as “confusing, overly bureaucratic, and too easily politicized.”
Overall, though, the “way we think about gun violence prevention as a society requires a paradigm shift.”
About NRA-ILA:
Established in 1975, the Institute for Legislative Action (ILA) is the “lobbying” arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess, and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution. Visit: www.nra.org
]]>Battle Hawk Armory with a low price sale on the top-selling Ruger Max-9 9mm Optic Ready Black Pistol now just $329.99. Be sure to read our in-depth review of the Ruger MAX-9 Pistol.
Ruger Max-9 today from BattleHawk Armory!
The Ruger Max-9 is slim, lightweight and compact for personal protection. It’s striker-fired with a short, smooth trigger pull, clean break and positive reset. It also features rugged construction with through-hardened alloy steel slide; one-piece, precision-machined fire control chassis; and high-performance, glass-filled nylon grip frame. The slide is optic ready for direct mounting of co-witnessed JPoint and Shield-pattern micro red dot sights. It utilizes tritium fiber optic day/night front sight for high visibility and drift adjustable rear sight. A cold hammer-forged barrel results in ultra-precise rifling that provides exceptional accuracy and longevity. Safety features include integrated trigger safety, manual safety, internal striker blocker and inspection port that allows for visual confirmation of a loaded or empty chamber.
Striker-fired with a short, smooth trigger pull, clean break and positive reset.
Slim, lightweight and compact for personal protection.
Rugged construction with through-hardened alloy steel slide; one-piece, precision-machined fire control chassis; and high-performance, glass-filled nylon grip frame.
Hogue Beavertail HandALL grip sleeve with Cobblestone texturing, finger grooves and gentle palm swells.
Tritium fiber optic day/night front sight for high visibility and drift adjustable rear sight.
Optic ready for direct mounting of co-witnessed JPoint and Shield-pattern micro red dot sights.
Safety features include integrated trigger safety, manual safety, internal striker blocker and inspection port that allows for visual confirmation of a loaded or empty chamber.
Reversible magazine release.
- MPN : RUGER3502
- MODEL : Ruger MAX-9
- UPC : 736676035021
- Manufacturer Ruger
- UPC 736676035021
- SKU 3502
- Width 7.2000
- Length 11.0000
- Height 2.0000
- Weight 2.1500
- Action Semi-Auto
- Barrel Material Steel
- Capacity 10 + 1
- Finish Black Oxide
- Frame Material Glass Filled Nylon
- Magazine 2 10 rd.
- Rate Of Twist 1:10″ RH
- Safety External Safety
- Sights Tritium Fiber Optic Front
- Slide Description Optic Ready
- Slide Material Alloy Steel
Also includes: two E-Nickel Teflon coated magazines and finger grip extension floorplate that can be added to the magazine for comfort and improved grip.
Ruger Max-9~ Magazine 9mm Luger | Brownells.com | $ 30.99 $ 26.49 |
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RUGER MAX-9 | Guns.com | $ 679.99 |
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BlackHawk Stache IWB Ruger MAX-9 Prem Kit BK Ruger MAX-9 Box | Optics Planet | $ 69.95 $ 62.99 |
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RUGER MAX-9(TM) 9mm 3.2" Black 12+1 w/ Manual Safety | KYGUNCO | $ 351.87 |
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