
Category: A Victory!
Oh Hell No!

HOLLY TOWNSHIP, Mich. (FOX 2) – A man accidentally shot himself in the leg while cleaning a gun Wednesday afternoon in Holly Township.
Michigan State Police initially were dispatched to the home in the 6200 block of Grange Hall Road for what they thought was a suicidal person. However, while on the way there, they learned it was an accidental shooting.
When troopers arrived, family members told them the man was downstairs. Police found him on the floor next to his bed, along with a spent shell casing and a magazine. A .380 handgun was on the bed.
Q: Who cleans a gun when it’s loaded?
A: A complete fucking idiot who deserves to shoot himself.

TANGIPAHOA PARISH, La. (KLFY) — A Louisiana mother shot and killed a home intruder before dawn Sunday, authorities said.
According to the Tangipahoa Parish Sheriff’s Office, Robert Rheams, 51, was armed with a shovel and a lug wrench when he allegedly forced his way into the home of the woman and her two young children.
Chief Jimmy Travis said during the incident, a physical altercation took place between Rheams and the homeowner which led to Rheams being shot and killed.
He was pronounced dead on the scene.
Travis said at the time of the incident, Rheams was out on parole after serving approximately 20 years in prison for armed robbery.
He was also tied to a carjacking that happened hours prior to the home invasion, Travis said.
The U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) in 2018 claimed that two laws banning machine guns meant bump stocks were illegal, reversing its earlier position. The move, backed by then-President Donald Trump, came after a man carried out a mass shooting in Las Vegas, using bump stocks to fire more rapidly.
Michael Cargill, a Texas resident who had to surrender bump stocks due to the reversal, sued in 2019, arguing that the ATF and its parent agency, the U.S. Department of Justice, violated the Constitution by usurping the role of Congress in defining the machine gun ban as extending to bump stocks.
“Cargill is correct. A plain reading of the statutory language, paired with close consideration of the mechanics of a semi-automatic firearm, reveals that a bump stock is excluded from the technical definition of ‘machine gun’ set forth in the Gun Control Act and National Firearms Act,” the U.S. Court of Appeals for the Fifth Circuit said in its new ruling.
Machine guns are defined as a weapon that shoots, or is designed to shoot, or “can be readily restored to shoot,” more than one shot automatically without manual reloading by “a single function of the trigger.” The term includes “the frame or receiver of any such weapon, any part designed and intended solely and exclusively, or combination of parts designed and intended, for use in converting a weapon into a machinegun, and any combination of parts from which a machinegun can be assembled if such parts are in the possession or under the control of a person,” according to the Gun Control Act of 1968, one of the laws cited by the ATF.
The ruling noted that semi-automatic weapons do not fall under the definition because one pull of the trigger corresponds to the firing of a single bullet.
Bump stocks are accessories that, when attached to a weapon, let a shooter speed up the firing mechanism of a semi-automatic weapon, enabling a quicker discharge of bullets. But it does not change the mechanics of a semi-automatic weapon, or the crucial aspect of needing to re-engage the trigger to fire an additional bullet, U.S. Circuit Judge Jennifer Walker Elrod, a George W. Bush appointee writing for the majority, wrote.
“Without a bump stock or the use of an alternative bump technique, the user must provide manual input by pulling the trigger with the muscles of his trigger finger. With a bump stock, the shooter need not pull and release his trigger finger. But the shooter must still apply forward pressure to the weapon’s forebody in order to maintain the shooting mechanism,” Eldrod said. “Again, the manual input remains, even though its form changes.”
Weighing against the government was how the ATF for years after bump stocks were invented in the early 2000s decided they did not fall under the machine gun ban. That changed under public pressure following the 2017 Las Vegas massacre, which left 60 dead and hundreds wounded. The ATF’s final rule stated that the term machine gun “includes a bump-stock-type device, i.e., a device that allows a semi-automatic firearm to shoot more than one shot with a single pull of the trigger by harnessing the recoil energy of the semi-automatic firearm to which it is affixed so that the trigger resets and continues firing without additional physical manipulation of the trigger by the shooter.”
Not Unambiguous
Cargill argued in his suit that the government’s interpretation of machine gun was wrong. Even if it may have been right, Cargill offered, the text of the statute was not unambiguous, which means the rule was not allowed under court precedent.
Courts have been split on whether the ATF’s actions were legal. Several appeals courts had sided with the government against the rule, including the U.S. Court of Appeals for the Fourth Circuit, while several other courts, including a different appeals court, had said the agency overstepped its authority because the law was ambiguous.
In the new ruling, the majority said that the rulings for the government—including one that reasoned “single function of the trigger” could mean “a single pull of the trigger from the perspective of the shooter”—were based “on words that do not exist” in the law, and that a plain reading means bump stocks do not certainly fall under the definition.
“The first thing to note is that the ultimate subject is machine gun, and the subject complement is weapon. In other words, a machinegun is defined by reference to what kind of weapon it is. But identifying the subject of the sentence is only our first step. We next look, second, to the fact that the term weapon is defined by how it shoots. So, again, the definition refers to the device being made to shoot, not the person or thing doing the shooting. Third, the manner of shooting must be automatic. Fourth—and critically—the prepositional phrases define the firing process’s requirements from a mechanical perspective. The process must occur by a single function, and the single act must be by the trigger. In short, there is no mention of a shooter,” the majority said.
“The grammatical structure continuously points the reader back to the mechanics of the firearm. The statute does not care what human input is required to activate the trigger—it cares only whether more than one shot is fired each time the trigger acts.”
Because of the mixed rulings from circuit courts, Cargill’s lawyers expect the government to appeal to the U.S. Supreme Court, which has previously refused to take up cases against the rule.
“We are pleased that a circuit court has finally—and decisively—recognized that Congress must be the one to pass any bump stock ban,” Mark Chenoweth, president and general counsel at the New Civil Liberties Alliance, which has been representing Cargill, said in a statement. “The resulting circuit split should bring this decision to the U.S. Supreme Court’s attention promptly and supply a suitable vehicle for deciding this issue once and for all.”
The Department of Justice did not respond to a request for comment.
The ruling does not have an immediate effect because the court remanded the case to a district court, which had ruled against Cargill, with orders to enter a judgement for Cargill.
Elrod was joined by Chief Judge Priscilla Richman, a George W. Bush appointee, and Circuit Judges Edith Jones, a Reagan appointee; Jerry Smith, a Reagan appointee; Carl Stewart, a Clinton appointee; Leslie Southwick, a George W. Bush appointee; Catharina Haynes, a George W. Bush appointee; Don Willett, a Trump appointee; James Ho, a Trump appointee; Stuart Kyle Duncan, a Trump appointee; Kurt Engelhardt, a Trump appointee; Andrew Oldham, a Trump appointee; and Cory Wilson, a Trump appointee.
Other Opinions
In a one-sentence concurring opinion, Haynes, joined by Richman, said, “I concur in the judgment only because I reluctantly conclude that the relevant statute is ambiguous such that the rule of lenity favors the citizen in this case.”
In a separate concurring opinion, Ho, joined by Richman and Southwick, said that due to the ambiguity, “Congress must take action if it wishes to criminalize bump stocks.”
In a dissent, Circuit Judge Stephen Higginson, an Obama appointee, joined by Circuit Judges James Dennis, a Clinton appointee, and James Earl Graves Jr., an Obama appointee, said that statutory language can be ambiguous enough to bear multiple interpretations but that shouldn’t lead to a ruling that one is incorrect.
“Today, our court extends lenity, once a rule of last resort, to rewrite a vital public safety statute banning machineguns since 1934. In conflict with three other courts of appeals, our court employs its new lenity regime to carve out from federal firearms regulation the bump stock—a device that helped the Las Vegas shooter fire over a thousand rounds during an eleven-minute long attack,” Higginson said.
“Therefore, our court uses lenity to legalize an instrument of mass murder. This is evident from our court’s attempt to confine its new lenity regime only to this statute, giving machinegun owners immunity from prosecution that is not shared by other offenders under the federal code.”
California planning gun microstamp database
(The Center Square) – On July 1, 2022, California Penal Code section 31910 was revised. The change required semiautomatic pistols sold in California to have microstamping technology. A microstamp acts like a fingerprint in identifying ammunition cartridges and the gun from which it
Anew era of gun sales is taking effect in California.
On July 1, 2022, California Penal Code section 31910 was revised. The change required semiautomatic pistols sold in California to have microstamping technology.
A microstamp acts like a fingerprint in identifying ammunition cartridges and the gun from which it was fired. The firing pin imposes an identifying stamp on the round’s primer as it’s discharged.
The revision now only requires one microstamp in the interior of the handgun instead of two. Supporters hoped that this change in the penal code would encourage manufacturers to employ the technology in their firearm products.
Attorney General Rob Bonta, along with the California Department of Justice, is proposing an additional rule to bolster the use of microstamping. The new rule proposes that the unique microstamp of every handgun in California be kept as a record with the Department of Justice to identify firearms used in criminal activity.
A statement released by the California Department of Justice addressed to “Firearm manufacturers and Interested Parties,” invites comments on specific questions “in developing new regulations to achieve the law’s objectives in the most effective manner.”
The department does not ask whether the rule should be made but rather poses questions on procedure once it is implemented. They invite input on questions such as:
Who is best suited to provide the microstamp to the DOJ?When should the microstamp be provided to the DOJ?How should the microstamp be provided to the DOJ?If a microstamp part needs to be replaced, should the regulated replacement part have the same microstamp as the original?
The department will accept comments from interested parties until 5:00 p.m. on Feb. 1, 2023.

A good Samaritan with a gun saved a woman from an alleged attempted abduction at the Shops of Saddle Creek parking lot Friday at 8 p.m.
The Daily Mail reports that surveillance video shows two suspects allegedly grab the woman as she attempted to get in her SUV. The woman struggled to get free and, as she struggled, a good Samaritan with a gun in his hands ran toward the suspects.
The suspects released the woman, jumped into a silver sedan, and fled the scene.
FOX 13 Memphis described the getaway car as a silver Ford Focus.
There was another suspect inside the getaway car, which means police are seeking three suspects in connection with the apparent attempted adduction, FOX 13 Memphis pointed out.
The woman suffered “multiple minor injuries” in the incident.
AWR Hawkins is an award-winning Second Amendment columnist for Breitbart News and the writer/curator of Down Range with AWR Hawkins, a weekly newsletter focused on all things Second Amendment, also for Breitbart News. He is the political analyst for Armed American Radio and a Turning Point USA Ambassador. AWR Hawkins holds a PhD in Military History, with a focus on the Vietnam War (brown water navy), U.S. Navy since Inception, the Civil War, and Early Modern Europe. Follow him on Instagram: @awr_hawkins. You can sign up to get Down Range
To everyone bitching about Texas Roadhouse allowing that dog who was deployed twice, to eat a steak in the restaurant on Veterans Day, I’d rather sit next to him than rowdy, bratty kids all day long. I can guarantee that dog is cleaner and more quiet. He isn’t up being allowed to run around like he (and his parents) were raised in a barn!
Petmatchmaker Rescue South supports Texas Roadhouse, Veterans and all Military Working Dogs.

