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Anti Civil Rights ideas & "Friends"

News Democrats Propose Bill to Neuter Militias (It’ll be selectively enforced. Grumpy)

A MILITIA LIKE GROUP MAKES THEIR WAY TO A RALLY FOR US PRESIDENT DONALD TRUMP IN WASHINGTON, DC ON JANUARY 6, 2021. (PHOTO BY JOSEPH PREZIOSO/AFP VIA GETTY IMAGES)

Militias who like to spend their weekends training to overthrow the government could find themselves running afoul of federal law, under new legislation being proposed in the House and Senate Thursday that seeks to curtail paramilitary activity.

The “Preventing Private Paramilitary Activity Act” is being introduced by Senator Ed Markey from Massachusetts, and Congressman Jamie Raskin of Maryland, both Democrats.

The legislation would prohibit publicly patrolling, drilling or engaging in harmful or deadly paramilitary activities, interfering with or interrupting government proceedings, interfering with someone else exercising their constitutional rights, falsely assuming the role of law enforcement, and “training to engage in such behavior.” 

The lawmakers propose different tiers of criminal penalties, depending on whether violations result in injury or property damage. The bill would establish harsher penalties for repeat offenders, and probationary sentences for first-time offenders. It would also create paths for the DOJ and private individuals to seek civil federal lawsuits against paramilitary activity.

This legislation comes almost exactly three years after Jan. 6, 2021, when thousands of Trump supporters—many dressed for war—stormed the U.S. Capitol over conspiracy theories about the presidential election results. Leading the charge were members and leaders of the Oath Keepers, a militia, and Proud Boys, a quasi-paramilitary group often described as a far-right street-fighting gang. Top brass of those organizations have since caught seditious conspiracy charges.

“Private paramilitary actors, such as the Proud Boys and Oath Keepers, pose a serious threat to democracy and the rule of law,” Sen. Markey said in a statement. “We must create new prohibitions on their unauthorized activities that interfere with the exercise of people’s constitutional rights. The forces of bigotry, hatred, and violent extremism must be stopped for the sake of our democracy.”

The Capitol riot was the culmination of surging anti-government sentiment and paramilitary activity seen throughout 2020. That year, armed paramilitary groups swarmed government buildings to protest COVID-19 restrictions, plotted to kidnap Michigan’s governor over those restrictions, conducted armed neighborhood patrols in response to racial justice protests, and killed law enforcement officers.

The modern paramilitary movement surged in the 1990s, galvanized by new federal gun laws, and by armed FBI raids on extremist compounds such as Waco and Ruby Ridge. The movement has waxed and waned in the decades since. And as the dust settled from the Capitol riot, many asked why these heavily armed, organized groups had seemingly been able to operate with impunity for so long.

Gun rights organizations and anti-government groups have typically argued that paramilitary activity is constitutionally protected by the Second Amendment’s language about “a well regulated Militia, being necessary to the security of a free State.”

But constitutional experts hold that it is not protected. After the violent white supremacist rally in Charlottesville, Virginia in August 2017, a team with Georgetown Law’s Institute for Constitutional Advocacy and Protection (ICAP) sought to examine the legality of the kind of brazen paramilitary activity on display that weekend. They found that all 50 states had some kind of laws on the books, but were rarely enforced.

The team, led by Mary McCord, former acting assistant attorney general at the Department of Justice’s national security division, also found that the historical context of “militia” did not mean a private paramilitary group that was answerable only to themselves, but an armed group that predated the National Guard, was first established in the colonies in the 1600s and was meant to be deployed at the behest of the governor. Additionally, McCord told The Trace in an interview two years ago, Supreme Court decisions in 1886 and 2008 found that the Second Amendment did not prohibit states from banning private paramilitary groups.

“Our legislation makes the obvious but essential clarification that these domestic extremists’ paramilitary operations are in no way protected by our Constitution,” Rep Raskin said in a statement regarding Thursday’s bill.

How the proposed legislation is received by hardline conservatives in Congress and by Trump voters will remain to be seen. Grievances against the federal government, particularly the FBI and DOJ, have continued to mount since 2021, amid the slew of indictments against Trump and the massive prosecution effort against Capitol rioters. A recent poll found that a quarter of American voters believe the baseless “Fedsurrection” conspiracy theory that the FBI instigated the Capitol attack. These grievances and conspiracies have established the false narrative that the Biden Administration is hellbent on persecuting its ideological or political opponents.

(Disclosure: Gavin McInnes, who founded the Proud Boys in 2016, was a co-founder of VICE in 1994. He left the company in 2008 and has had no involvement since then.)

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All About Guns Another potential ENEMY OF THE PEOPLE Anti Civil Rights ideas & "Friends"

Mexican-American Billionaire from New York Funds ‘Tennessee 11’ to Push Gun Control Agenda via ‘Citizen Solutions’ in 2024

The 2024 session of the Tennessee General Assembly is scheduled to convene in Nashville on Tuesday, January 9.

According to his personal website, Daniel Lubetzky was born in Mexico City in the late 1960s and came to the United States with his family as a teenager.

In 2004, Lubetzky is the founded the snack company Kind LLC. It was reportedly worth $5 billion when the company was sold to Mars Inc. in 2020. When the company was under his management, Lubetzky was named a Presidential Ambassador of Global Entrepreneurship by former President Barack Obama and his administration’s Commerce Secretary, Penny Pritzker.

His foundation received its tax-exempt status in 2017, and a federal tax filing from 2021 indicates the Lubetzky Family Foundation has offices at 3 Times Square, also known as the Thomson Reuters Building, in New York. The Lubetzky Family Foundation spent nearly $3.5 million in 2021, when its eight highest-earning employees were each paid more than $100,000, and collectively were compensated $1,294,410.

Lubetzky’s involvement in Tennessee politics comes through a group called Citizen Solutions, which is a project of Starts With Us, which in turn is a project of the Lubetzky Family Foundation. Citizen Solutions seems to exist to spread awareness of the suggestions made by the Tennessee 11, a group of 11 Tennessee residents affiliated with Citizen Solutions.

The Tennessee 11 apparently met for the first time in September, when the group held a “solution session” in Franklin.

In October, the Tennessee 11 announced eight proposals for new laws, regulations, and initiatives they claim would contribute toward the prevention of gun violence. Among the proposals, according to a press release by Citizen Solutions, are calls for Tennessee to pass a red flag law, which would allow courts to order the temporary suspension of an individual’s right to bear arms, require Student Resource Officers (SROs) be trained in “mental health first aid” and “trauma-informed care,” and create “an incentives-first approach to gun ownership rights and responsibilities.”

Another proposal includes Tennessee investing resources to prevent traumatic childhood experiences that could potentially precipitate gun violence.

The Tennessee 11 also proposed laws or regulations requiring Tennesseans obtain a license or permit to carry a handgun, though the group noted, “the TN11 reached a majority but not unanimous consensus on this proposal and now asks the public for feedback.”

In November, the Citizen Solutions “opened a public feedback platform,” according to The Daily Beacon, which reported the activists “are encouraging [University of Tennessee] students to give feedback on the proposals” made by the Tennessee 11.

On the Citizen Solutions website, the activists claim their gun control proposals were drafted by “Tennesseans with very different perspectives.” Citizen Solutions also bills itself as “an ambitious civic experiment empowering Americans to counteract the extreme voices dominating media and politics by elevating the will of the people.”

However, several of the activists who comprise the Tennessee 11 appear to be partisan, and some worked for the Democratic Party or are former Democratic political candidates.

One of the Tennessee 11, Brandi Kellett, is an Associate Professor at Lipscomb University, and her “areas of scholarship focus on culture, memory and faith as a resistance to oppression in the African disapora across the Americas,” according to her university biography.

Arriell Gipson, a Memphis Democrat who unsuccessfully ran for Shelby County Clerk in 2022, is another member of the Tennessee 11. A profile for her campaign revealed she is “the committee chair for the Mayor’s Young Professional Council, Violence Prevention and Criminal Justice Reform Committee, First Vice President for the Shelby County Young Democrats, a graduate of Leaders of Color, Organizing for Action, New Memphis Leadership Institute, and The University of Tennessee at Chattanooga with a Bachelor of Science in Psychology.”

Another member, former Tennessee state trooper Mark Proctor, wrote in a guest column for The Tennessean in August that “stricter gun regulations save lives.” The Tennessee 11 member specifically argued in favor of a “[s]trict permitting process” and new legislation to “[k]eep guns away from the wrong people.”

Therapist Adam Luke joined the Tennessee 11 from Columbia, Tennessee. In October, Starts With Us published a lengthy statement from Luke on social media. Luke lamented, “When we talk about guns, there’s so much division. Either we’re attacking traditions or we want people to be in harm’s way.”

He urged Tennesseans to “have that bigger discussion of recognizing that what you’re feeling is legitimate, but sometimes our feelings alone aren’t the only information we need to be taking in.” While Luke seemed hesitant to support a red flag law in his statement, the group’s proposal to “[a]llow courts to temporarily remove someone’s firearms if they are deemed a danger to themselves or others based on certain criteria showing they are at risk of committing violence” had the unanimous support of the Tennessee 11.

While Lubetzky funds the Tennessee 11 through his New York-based Lubetzky Family Foundation, he is also an Inaugural Board of Directors member for the controversial Anti-Defamation League (ADL). The ADL notes Lubetzky is the recipient of awards from the World Economic Forum, Skoll Foundation, Conscious Capitalism, and Hispanic Heritage Foundation.

It remains unclear if Lubetzsky’s efforts will bear fruit after a significant push for gun control failed in 2023, when Democrats were joined by Governor Bill Lee (R) in calls for restrictions following the Covenant School shooting.

Red flag legislation was unsuccessful during the regular session in 2023, and though Lee called a special session for the Tennessee General Assembly to pursue gun control initiatives, the governor did not back a red flag law proposal for a second time. Ultimately, no gun restrictions were passed during the special session, and Lee recently signaled that he does not intend to push for red flag legislation in 2024.

– – –

Tom Pappert is the lead reporter for The Tennessee Star, and also reports for The Georgia Star News, The Virginia Star, and the Arizona Sun Times

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Anti Civil Rights ideas & "Friends"

And thats the way it is!

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Anti Civil Rights ideas & "Friends"

Hopefully not coming soon to your town!

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Anti Civil Rights ideas & "Friends" Gun Fearing Wussies

America’s First “Assault Weapon”: The “Bowie Knife”?

The title of this article may seem curious, but there is a point to it.  Consider the fact that “assault weapon” is an intentionally nebulous, malleable term created and promoted by anti-gun extremists with the stated intent of creating confusion.  A “weapon” can actually be anything that is simply used to inflict damage or bodily harm.  It can be specifically designed to be used as a weapon, but could it be the actual use of the item, not the design, that makes the ultimate determination as to whether it is, indeed, a “weapon”?

This may be a philosophical debate, but is an antique rifle hung above a fireplace—one never intended to be taken down, loaded, and fired—still a “weapon” because of its design, or has it now become a decoration because of its actual ornamental use?

To take an even deeper philosophical dive, is a chair’s existence in the universe somehow magically altered from furniture to “weapon” the moment someone picks it up to strike someone else?  Perhaps this is a loose variation on the quantum mechanics thought experiment of Schrödinger’s cat.

The chair is both furniture and weapon, and the rifle is both weapon and decoration, until someone “opens the box” to decide the application, thus determining how the items will actually exist in the world.

The ultimate truth is that something is only a weapon if it is used, or intended to be used, as one.  So an “assault weapon” can, technically, be any item used to “assault” someone.

But proponents of banning the possession of firearms by law-abiding US citizens have strived for decades to inculcate in the American psyche the notion that an “assault weapon” is a specific type of firearm; usually a semi-automatic rifle that incorporates a detachable magazine.

Today, the anti-gun industrial complex wants the image of an AR-15 to pop into your mind when it screams about banning “assault weapons,” but that wasn’t always the case.  In the early days of the use of the term—in the mid-1980s—it was often semi-automatic versions of the AK-47, MAC-10, or Uzi that were depicted with the sobriquet “assault weapon.”

The term is so malleable and undefinable by design, however, that extremists have also used it to describe countless handguns and shotguns, and the ability to utilize a detachable magazine is not always considered a prerequisite for inclusion as an “assault weapon.”  Indeed, even those who promote banning “assault weapons” are often so confused by their own term that they frequently either misidentify firearms, or simply cannot, or refuse to, offer a definition of the term.

In other words, those who wish to ban “assault weapons” will ultimately determine what is an “assault weapon,” the list of items banned will likely be far more inclusive than exclusive, and said list will also likely be subject to never-ending expansion.

In fact, the most recent version of a proposed federal ban on “assault weapons” would appear to ban ALL semi-automatic firearms, then “exempts” some semi-autos from the ban, and would require the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) to maintain a list of guns that would be legal under the new paradigm.

So, what does any of this have to do with the “Bowie knife”?  More than you might think.

Much like an “assault weapon,” a “Bowie knife” is fairly hard to define—at least, originally, when the term was created ~1830s.  The original “Bowie knife”—the one supposedly carried by frontiersman Jim Bowie that was initially “popularized” through accounts of his use of it at the Sandbar Fight in 1827—likely did not resemble what most today consider a Bowie knife.  And while today’s versions often vary in appearance, most are relatively large knives, carried in a sheath, and frequently include a crossguard and a clip-point.

Also much like an “assault weapon,” there’s nothing innovative or unique to a “Bowie knife”—either originally or currently—that makes it remarkably different from other knives.  It has a blade and a handle, just like most other knives, and is a design that is millennia old.  It is on the larger end of the spectrum of knives, but the same can be said for countless other knife designs that predate the “Bowie knife” by centuries, if not also millennia.

Similarly, “assault weapons” utilize the same technology for operating—including as related to storing, loading, discharging, and cycling ammunition—as has existed for well over a century.  In fact, the semi-automatic operation utilized by “assault weapons” was invented in the 19th century, mere decades after the “Bowie knife” came to be.  These firearms generally fire ammunition that is not only no more powerful than what most hunters use for harvesting deer, but is often much less powerful, ballistically speaking.

And just like with “assault weapons,” around the time the term “Bowie knife” was being more frequently used to describe certain styles of blades, laws that sought to regulate them began popping up around the country.  Again, the knife was not innovative or truly unique in any way, but because people attached a certain mystique to the name (just like with “assault weapons”), and the knife itself began growing in popularity (again, just like with “assault weapons”), it drew the attention of lawmakers determined to impose regulations on arms.

Second Amendment scholar and attorney David Kopel wrote two articles last year that expose the eerie similarities between how these knives were treated in the mid-to-late 19th century and semi-automatic firearms today, although that does not appear to have been the goal of his work.  One discusses some of the ways firearms and “Bowie knives” were regulated in America prior to 1900, and another looks at statutes between 1837 and 1899 that were specific to regulating “Bowie knives.”

One of the points raised by Kopel makes yet another argument for how “Bowie knives” were America’s first “assault weapon.”  It wasn’t until a single, high-profile incident took place that laws restricting “Bowie knives” really started being enacted.

In 1837, a debate between two Arkansas State Representatives escalated to the point of both drawing “Bowie knives,” with the end result being one dead, and one seriously wounded.  Of course, this was long before the Internet, television, or radio, and even the telegraph was still in the process of being developed for widespread use at the time, so news spread slowly in those days.  Nonetheless, a fatal stabbing in the Arkansas State House likely garnered a bit of national attention, and undoubtedly helped spur on some of the “Bowie knife” laws that were passed following the event.

In the same year the Arkansas fight took place, but before the actual altercation, two states—Mississippi and Alabama—enacted the first “Bowie knife” restrictions.  After the fight, Georgia passed its own restrictions, some of which were eventually declared unconstitutional.  The next year saw four states enact their own restrictions, and by 1859, a total of 16 states and territories had enacted some form of a restriction on “Bowie knives.”

By 1899, with 46 states included in the Union, 32 had laws on their books that referenced “Bowie knives” or a variant of the term, according to Kopel.

So, if you thought emotionalism driving legislation was a problem unique to modern times—due largely to the explosion of social media and the 24/7 instant news reporting of any tragedy—that’s probably not the case.  In fact, now that we do have the Internet, social media, and seemingly unlimited news outlets (even if most of the media tend to support rabidly anti-gun views), there are probably more opportunities today to fend off legislation that is emotionally driven, as there are more opportunities for the public to hear logic-based views countering emotional arguments.

Looking back at the spread of anti-“Bowie knife” legislation in the 19th century, two things should be noted.  First, at least one law that banned the sale of them was deemed unconstitutional, and in violation of the Second Amendment, when challenged in court.  Another court found the carrying of “Bowie knives” to be a right protected under the Second Amendment.

These court decisions from the mid-19th century are just two of many that eviscerate the anti-gun myth that the more recent rulings out of the US Supreme Court in District of Columbia v. Heller (2008), McDonald v. City of Chicago (2010), and New York State Rifle & Pistol Association v. Bruen (2022) somehow invented the idea that the Second Amendment protects an individual right both to arms, and to carrying those arms.

Another interesting aspect of the comparison between “Bowie knives” and “assault weapons” is the fact that most of the legislative animus towards each has been geographically flipped.  In the 19th century, it was Southern states that predominantly looked to restrict the vilified knives, while the northeast largely ignored such restrictions.

Kopel even noted an interesting contrast to how the South was treating “Bowie knives” out of New Hampshire:

“Like all of the Northeast, New Hampshire in mid-century had no interest in Bowie knife laws. But Bowie knives did appear in a legislative resolution that considered Bowie knives and revolvers to be effective for legitimate defense.”

Today, of course, Southern states tend to reject restrictions on “assault weapons,” while many states in the Northeast have adopted bans and other unconstitutional restrictions on them.

Eventually, the hyper-emotional reaction to “Bowie knives” from the 19th century waned, and today, most states consider them little different than any other knife.  No state currently bans their sale, as some tried to do way back when, and no state currently tries to dissuade their possession with prohibitive taxes for purchase or possession, as was imposed in the past.  And no state bans their mere possession.  Bans on sales, exorbitant taxes, and bans on possession are all, of course, methods today’s anti-arms extremists use to try to restrict our right to own “assault weapons.”

So, whether or not you agree with the hypothesis that “Bowie knives” were America’s first “assault weapon,” there is at least one conclusion to this discussion with which anyone who supports the Second Amendment can likely agree.

Rather than capitulate to the anti-“assault weapon” hysteria of today, as so many apparently did during the anti-“Bowi knife” hysteria of the 19th century, NRA and our supporters must continue to fight against the irrational, emotional arguments of those who promote disarming law-abiding Americans.  We are not willing to be “those” who are described in the aphorism widely attributed to philosopher George Santayana:

“Those who cannot remember the past are condemned to repeat it.”

We must remember what happened to America’s first “assault weapon,” and reject the emotional, illogical call to impose restrictions on our right to arms, as those in the 19th century should have done with the imposed restrictions on “Bowie knives.”  The similarities between the two campaigns separated by roughly a century-and-a-half should be recognized, and rather than wait for states that act irrationally to eventually come to their senses, as was the case with “Bowie knives,” we need to defeat these emotionally-driven, anti-freedom agendas, and make sure these particular errors of the mid-to-late 19th century are not repeated.

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A Victory! All About Guns Anti Civil Rights ideas & "Friends"

Oregon Ballot Measure 114 Declared Unconstitutional — But Fight’s Not Over

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All About Guns Anti Civil Rights ideas & "Friends"

Senate Republicans block assault weapons ban, background checks bill BY ALEXANDER BOLTON

Senate Republicans on Wednesday blocked efforts by Senate Democrats to pass an assault weapons ban and universal background checks legislation after the United States over the weekend broke the record for the most mass shootings in a single year. 

Republican Sen. John Barrasso (R-Wyo.) objected to Senate Majority Leader Chuck Schumer’s (D-N.Y.) request for unanimous consent to pass the assault weapons ban, despite the pleas of Democratic senators who took to the Senate floor to cite the harrowing statistics of gun violence in America.

“The scourge of gun violence in America is a national crisis. The American people are sick and tired of enduring one mass shooting after another. They’re sick and tired of vigil and moments of silence for family, friends, classmates, coworkers,” Schumer argued on the Senate floor.

The assault weapons ban, originally sponsored by the late Sen. Dianne Feinstein (D-Calif.), would ban semiautomatic rifles with pistol grips, forward grips and folding or telescoping stocks, as well as rifles outfitted with grenade launchers, barrel shrouds or threaded barrels to allow for noise and flash suppressors to be attached.

But Barrasso argued that the Democratic-drafted bill would infringe on the Second Amendment and deprive law-abiding gun owners of an important liberty.

“Americans have a constitutional right to own a firearm. Every day, people across Wyoming responsibly use their Second Amendment rights to keep and bear arms,” he said. “Democrats are demanding that the American people give up their liberty.”

He said that Democrats are trying to ban many types of semiautomatic firearms “because of the way they look.”

He asserted that popular rifles such as AR-15s “work the same way as popular shotguns and other rifles used for hunting and personal protection.”

“The Second Amendment is freedom’s essential safeguard. Without it, there can be no liberty and there can be no security. So Mr. President, I object.”

Democratic Sen. Chris Murphy (Conn.) later stood up on the floor to ask for unanimous consent to pass legislation to require universal background checks for firearms purchases.

“We don’t have more mental illness in this country, we don’t spend less money on law enforcement, we don’t have angrier people, we have more guns, and we are much more permissive in this country about allowing felons, dangerous people, to get their hands on guns,” he said.

Gallup poll conducted in June 2022 found that 92 percent of Americans favor requiring background checks for all firearm sales.

“This just feels like a test of democracy. It really does. Like, how does democracy survive if 90 percent of Americans, 90 percent of Republicans, 90 percent of Democrats want something, and we can’t deliver it?” Murphy asked before he asked for unanimous consent to pass the background checks bill.

Utah Republican Sen. Mike Lee took to the floor immediately to object.

“I want to note at the outset we’re not asked to vote in this chamber on polling questions. We vote on legislation,” he said.

He said the legislation to expand background checks “has some real problems with it.”

“This is not solely about transactions involving guns at gun stores. This is about the father who wishes to pass down a hunting rifle to his son or the friend who wants to lend a shotgun to his neighbor who is in need of protection at the time,” Lee said before objecting to Murphy’s request.

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All About Guns Anti Civil Rights ideas & "Friends" Paint me surprised by this

ATF Violates Agreed Upon Timeline By Filing For An Appeal In Pistol Brace Case by John Crump

MCX-Virtus004
The MCX pistol with folding brace is super compact and easy to carry. IMG Jim Grant

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has filed a notice of appeal in a case challenging its rule against pistol braces (FINAL RULE 2021R-08F). Gun Owners of America (GOA) filed a motion for summary judgment a day later.

The case, Texas v. ATF, is a joint effort between GOA, Gun Owners Foundation (GOF), and the state of Texas to take down the ATF’s pistol brace rule.

Just a day before the ATF rule was due to go into effect, Federal District Court Judge Drew Tipton for the Southern District of Texas issued a preliminary injunction (PI) for all GOA members, barring the ATF from taking enforcement actions against them. This ruling came on the heels of the Mock v. Garland Fifth Circuit Court of Appeals decision that blocked enforcement of the rule on Firearms Policy Coalition (FPC) members. Second Amendment Foundation (SAF) also got a preliminary injunction against the rule before the rule’s effective date.

“For these reasons, the Court GRANTS IN PART Plaintiffs’ Motion for Preliminary Injunction, (Dkt. No. 16). Defendants are ENJOINED from enforcing the Final Rule against the private Plaintiffs in this case, including its current members and their resident family members, and individuals employed directly by the State of Texas or its agencies. The preliminary injunction will remain in effect pending resolution of the expedited appeal in Mock v. Garland,” the order reads.

Since then, the Fifth Circuit Court of Appeals has expanded the injunction to cover everyone in the nation, effectively killing the ATF’s rule. Before that happened, according to GOA, all parties agreed to the timeline in the Texas v. ATF case.

Merely one day prior to Texas and GOA submitting a motion for summary judgment, the ATF proceeded to lodge a notice of appeal with the Fifth Circuit Court of Appeals. Many think the ATF violated the agreed-upon timeline and is trying to stall for time since the Fifth Circuit appears to be a dead end for a Bureau legal victory.

It is unlikely that the Fifth Circuit of Appeals would overturn Judge Tipton’s decision. The Fifth Circuit is openly hostile to the ATF’s use of the rule-making process.

It has ruled against the ATF’s alleged abuse of its rule-making powers in three different cases. Two of these cases deal with bump stocks (Cargill v. Garland) and frames and receivers (VanDerStok v. Garland). The third case, Mock v. Garland, is almost identical to Texas v. ATF.

GOA, GOF, and Texas were unhappy with the ATF’s actions. They called out the ATF for what they see as an obvious delay tactic. Many agree the ATF’s chances of winning in District Court are non-existent. With the expected defeat at the Fifth Circuit, the only other conceivable reason that the ATF would have to file a notice of appeal is to try to head off another nationwide injunction against its pistol brace rule that GOA and Texas requested in their motion for summary judgment.

“GOF, GOA, & Texas were DAYS away from seeking summary judgment in our lawsuit against the Biden Pistol Ban. ATF had even agreed to the timeline,” GOF posted to X (formerly Twitter). “But, at the 11th hour, appealed to the 5th Circuit (where they have already lost TWICE)—a shameless delay tactic.”

GOA’s motion for summary judgment covers the same topics as their successful PI but with even more substance and evidence. If GOA won easily on the PI and the judge continues to rely on taking cues from the Fifth Circuit, the ATF is looking down the barrel of another defeat. The Fifth Circuit has been critical of the ATF for violating the Administrative Procedures Act (APA).

The ATF has experienced multiple defeats on a cornucopia of issues, including pistol braces, force reset triggers, bump stocks, disarming Americans without due process, and frames and receivers. The only hope to save any of these cases is the Supreme Court, but that doesn’t look like a winning path in most of these legal challenges.

ATF Violates Agreed Upon Timeline By Filing For An Appeal In Pistol Brace Case by AmmoLand Shooting Sports News on Scribd


About John Crump

John is a NRA instructor and a constitutional activist; he has written about firearms and interviewed people of all walks of life. Mr. Crump lives in Northern Virginia with his wife and sons and can be followed on X at @crumpyss, or at www.crumpy.com.

John Crump

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All About Guns Anti Civil Rights ideas & "Friends" California You have to be kidding, right!?!

Appeals Court Rules California Can Continue Doxing Gun Owners to Agenda ‘Researchers’ by David Codrea

The only thing they’re aware of is the personal information of gun owners who aren’t part of the problem. (Attorney General Rob Bonta/Facebook)

“A California appeals court [Fourth Appellate District, Division One Court of Appeal of California] ruled Friday that the state may continue sharing the personal information of gun owners with ‘gun violence’ researchers,” The Western Journal reports. “California’s Department of Justice had been permitted to share ‘identifying information of more than 4 million gun owners’ collected by the state during the background check process for firearms purchases with ‘qualified research institutions,’ ostensibly to aid in the study of gun-related accidents, suicides and violence.”

The “personal information” includes “names, addresses, phone numbers, and any criminal records, among other things.” What “other things”?

Per the bill that “authorized” this massive privacy intrusion against citizens for claiming their rights (Assembly Bill No. 173), those include “a database of gun violence restraining orders, and a database of firearm precursor parts purchases.” In other words, that will include people who have never been charged with or tried for a crime, let alone convicted, and will identify people who bought parts that may later be declared verboten.

And more, but you have to go to the court opinion to see how much:

“The DROS [Dealer Record of Sale] system and the associated AFS [Automated Firearms System] and APRF [Ammunition Purchase Records File] databases create a unique data set regarding gun and ammunition ownership not available anywhere else. Researchers in California have used this data to conduct empirical research regarding firearm-related violence for some time.”

“The court’s decision is a victory in our ongoing efforts to prevent gun violence,” Attorney General Rob Bonta Bonta crowed in a media release. “AB 173’s information-sharing serves the important goal of enabling research that supports informed policymaking aimed at reducing and preventing firearm violence. Research and data are vital in our efforts to prevent gun violence in California and provide a clear path to help us save lives.”

Left unsaid is how Bonta’s DOJ incompetently keeping databases on gun owners has already demonstrably exposed and endangered them.

“California’s Department of Justice mistakenly posted the names, addresses and birthdays of nearly 200,000 gun owners on the internet because officials didn’t follow policies or understand how to operate their website,” the Associated Press reported last December. California Rifle and Pistol Association  President Chuck Michel “noted the leaked data likely included information from people in sensitive positions — including judges, law enforcement personnel and domestic violence victims — who had sought gun permits.”

As for who the “researcher” is privy to the data, per AB 173:

“This bill would name the center for research into firearm-related violence the California Firearm Violence Research Center at UC Davis. The bill would generally require that the information above be made available to the center and researchers affiliated with the center, and, at the department’s discretion, to any other nonprofit bona fide research institution accredited by the United States Department of Education or the Council for Higher Education Accreditation, as specified, for the study of the prevention of violence.”

That pretty much guarantees whose yard they’ll be playing in, and that suits someone who is no stranger to this correspondent just fine.

“The court’s decision is an important victory for science,” University of California’s Davis California Firearm Violence Research Center Chair Garen Wintemute declared. It’s more like an “important victory” for “agenda science”…

Back in 2007, I warned gun show attendees that Wintemute was surreptitiously eavesdropping on and recording gun show transactions to report them to authorities and justify banning private sales. I saw this as a violation of gun show rules and recommended notifying security if anyone saw it happen. He told Slate it was a “Wanted poster” and tied that in with threats against his life and that “federal law enforcement agents recommended that I wear a ballistic vest.” There was also the false accusation that I had “outed” him. The end result was the science journal Nature felt compelled to publish a (incomplete) retraction.

Call the guy a “researcher” and a scientist” if you like. I prefer “prohibitionist” and “apparatchik.” And drama queen.

Reason warned against AB 173 back when Gov. Gavin Newsom first signed it into “law.”

While acknowledging that “the law also insists that ‘Material identifying individuals shall only be provided for research or statistical activities and shall not be transferred, revealed, or used for purposes other than research or statistical activities, and reports or publications derived therefrom shall not identify specific individuals,’” they made another important observation:

“[A] gun owner might understandably not be thrilled that people in the business of coming up with reasons why no one should be allowed to own guns (largely true of people in the ‘gun violence research’ field) can easily know their name, address, and all the weapons, parts, and ammo they bought legally. What’s more, nothing in the law as written applies any stern level of oversight or punishment over misuse of the information.”

That “misuse” can be deliberate by activists gone wild or due to lax/incompetent security protocols. And it’s not like sensitive and supposedly secure government systems at the highest levels can’t be breached and hacked by anyone, from cyber criminals to foreign enemies. It’s not like names, addresses, and lists don’t have real-world street value, and it would be just like the prohibitionists to have their efforts actually increase violence and its incentives.

It also looks like it might be a good way for someone with list access and an agenda to call in an anonymous tip and give police “probable cause” for sending out militarized confiscation teams. It’s not like law enforcement won’t do so with information targeting owners of previously registered but now prohibited items.

A truism about “gun control” laws is that criminals don’t obey them, and they end up infringing on those who have. A case in point is 1968’s Haynes v. U.S., in which the Supreme Court (correctly, if you think about it) decided that forcing a convicted felon to register an NFA weapons he was prohibited by law from possessing violated his Fifth Amendment-recognized right against self-incrimination. So, oath-breaker Bonta’s vaunted database, relied on by the Davis gun show mole and his gaggle of anti-gun eggheads, by design, does not include the very reprobates initiating the lion’s share of the “gun violence” they’re purporting to “study”—California’s armed-to-the-teeth criminals who get their guns the old-fashioned way, by breaking the law.

It’s all Kabuki theater designed to divvy up the tax plunder and subject a population they hold in contempt (and, truth be known, fear) – gun owners – to more demoralizing in-your-face harassment.

There’s another break afforded exclusively to criminal suspects, the reading of their “Miranda rights.” Noting another well-documented prohibitionist tactic, declaring what was once legal to now be banned, gun owners buying what could be prohibited later should be advised that whatever they admit to on a required registration form can and will be used against them in a court of law if the Democrats get their way.

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Anti Civil Rights ideas & "Friends" Born again Cynic! You have to be kidding, right!?!

Some red hot gospel there!