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Supreme Court Will Take Up “Ghost Gun” Case This Fall By Mark Chesnut

By a razor-thin margin, the U.S. Supreme Court on Monday agreed to hear the challenge to the Biden Administration’s “ghost gun” law.

The case, VanDerStok v. Garland, challenges the Department of Justice’s 2022 Final Rule that redefined important legal terms dealing with guns, including “firearm,” “receiver” and “frame,” making the longstanding American tradition of building personal firearms pretty much a thing of the past.

The vote to hear the case was 4-to-3, with no information released as to who voted for or against hearing the case. It takes four “yea” votes for the Supreme Court to grant a review in a case.

At issue is whether the DOJ and Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) overstepped their bounds in promulgating the Final Rule. Plaintiffs in the case argue that the rule is just another example of the bureaucrat-run agencies overstepping their bounds by making laws instead of enforcing them.

That’s exactly what a three-judge panel of the Fifth Circuit Court of Appeals found last November when it unanimously ruled to uphold an earlier district court decision on the matter. In that ruling, Judge Kurt Engelhardt, who wrote the majority opinion, agreed in no uncertain terms that the rule was an overstep.

“ATF, in promulgating its Final Rule, attempted to take on the mantle of Congress to ‘do something’ with respect to gun control,” Judge Engelhardt, a Donald Trump nominee, wrote in the opinion. “But it is not the province of an executive agency to write laws for our nation. That vital duty, for better or for worse, lies solely with the legislature.”

Judge Engelhardt further wrote that the Final Rule “flouts clear statutory text” and “exceeds the legislatively imposed limits” on agency authority.

“Because Congress has neither authorized the expansion of firearm regulation nor permitted the criminalization of previously lawful conduct, the proposed rule constitutes unlawful agency action, in direct contravention of the legislature’s will,” the judge wrote. “Unless and until Congress acts to expand or alter the language of the Gun Control Act, ATF must operate within the statutory text’s existing limits.”

The lawsuit was brought by the Firearms Policy Coalition (FPC) on behalf of itself, two individual FPC members and Tactical Machining LLC. News that the Supreme Court would hear the case brought a positive reaction from FPC Founder and President Brandon Combs.

“FPC and our members look forward to the end of President Biden’s unconstitutional and abusive rule,” Combs said in an FPC press release. “We are delighted that the Supreme Court will hear our case and decide this important issue once and for all. The Fifth Circuit’s decision in our case was correct and now that victory can be applied to the entire country.”

Cody J. Wisniewski, FPC Action Foundation president and counsel for the plaintiffs, said the case should teach the ATF a lesson about who is charged with making laws in the country.

“This is an important day for the entire liberty movement,” Wisniewski said. “By agreeing to hear our case, the Supreme Court will have the opportunity to put ATF firmly in its place and stop the agency from unconstitutionally expanding its gun control agenda. We look forward to addressing this unlawful rule in the Court’s next term.”

The case has been added to the high court’s calendar for the session beginning in October. Oral arguments in the case are expected to begin sometime this fall.

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Some Luger Art perhaps?


Not your day Officer!

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A Mauser Model 1934 Semi Automatic Pistol in caliber 6.35mm (.25ACP)

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James Wilkinson & Son, 470 Nitro Express Double Rifle

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When British Tanks First Encountered Flak 88s at Halfaya Pass – June 1941

Allies War Well I thought it was neat!

The Royal Navy’s War by Paul Kennedy

HMS Ark Royal early in WWII

The Second World War was the Royal Navy’s finest hour, so says the acclaimed naval historian, Paul Kennedy.

There are many remarkable aspects to Victory at Sea that might be the subject of an individual blog, but one I would like to call attention to is the way the book, and perhaps especially Ian Marshall’s illustrations, confirm how much the 1939-1945 war at sea was the Royal Navy’s War.

It was there at the very start, pushing out patrols and hunting-groups in search of the German surface raiders; and it was there at the every end, with British warships [HMS Duke of York] among the Allied fleets in Tokyo Bay in 1945, and another bidding godspeed to Pres Truman in Plymouth harbor after the Potsdam settlement is over.

By my count, a full 23 out of the 53 beautiful Ian Marshall paintings are of ships and naval actions involving the Royal Navy, and they range from paintings of storm-tossed little escorts to magnificent ones of the HMS Ark Royal being slowly towed into Malta’s Grand Harbour. The very cover of this book shows, dramatically, the Bismarck under attack by the puny [if also very effective] Swordfish torpedo planes.

Chapter after chapter of this book is devoted to what was really the greatest, longest-lasting maritime struggle of all, the Battle of the Atlantic, not concluded until the serried ranks of Doenitz’s U-boats were tied up in Allied harbours.  And from chapter 5 there begins another campaign story, that of the Battle of the Mediterranean, including the Taranto Raid and the many Malta convoys.  A whole number of Ian Marshall’s paintings are of British warships at Malta, because that was one of his favourite places as a backdrop to his art.

And this was a Royal Navy which was willing to take incredible losses in the fight to keep control of the sea.  Of course Churchill would have it no other way, but the service itself never flinched at the high costs of fighting – there is considerable detail throughout this book of the HUGE losses of merchant ships and escorts in the Atlantic and Arctic convoy campaigns, the stupendous cost in Royal Navy destroyers off Dunkirk and Crete, the terrifying Malta convoy experiences  –  just count how many cruisers and destroyers, not to mention the many original carriers, were lost against enemy action in this war.

And yet this was a navy that was still receiving newer and more effective warships from the hard-working British shipyards throughout the war:  new KG-V-class battleships,  the Illustrious-class  carriers, town-class cruisers then many new light cruiser classes, fleet destroyers, frigates, sloops, corvettes.

If the lengthy conflict wore down the British economy, there was no sign of that until the very end – although it was clear by 1943 (this is one of the big points stressed in this book) that the US Navy was emerging as a far larger force than anything that had been seen in world history. And this is why, surely, the sub-title of this book Naval Power and the Transformation of the Global Order in World War II is most appropriate..”

Paul Kennedy is the author of Victory at Sea: Naval Power and the Transformation of the Global Order in World War IIpublished by Yale University Press.


Happy World Book Day N.S.F.W.

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Really Honey I am just looking at guns