Category: Anti Civil Rights ideas & “Friends”
Gov. Hochul proposes changes to New York’s concealed carry laws
More changes could be on the way for New York’s concealed carry law after Governor Kathy Hochul made several new proposals in her latest budget.
NEW YORK – Governor Kathy Hochul is proposing changes to New York’s new concealed carry law that would allow for armed security guards outside houses of worship and exempt retired police officers from the law.
Last year, the Supreme Court struck down the state’s century-old concealed carry law stating that it was too restrictive.
In response, New York State lawmakers passed the Concealed Carry Improvement Act, which designated “sensitive locations” where firearms are banned including Times Square and public transportation. It also requires applicants to prove that they are of “good moral character.”
But some argue that these tweaks being proposed don’t go quite far enough.
According to the NYPD, antisemitic hate crimes have more than doubled in November 2022 from November 2021, a 125% spike.
Alan Mindel, Chairman of the Holocaust Memorial and Tolerance Center of Nassau County says they have had to spend thousands on upgrading their security.
“We have an event this weekend at Lake Success Jewish center with a choir and we are thankful that the Lake Success police are going to be providing security for the event, without which I’m not sure it would be safe,” Mindel explained.
Right now under the state’s new concealed carry improvement act, places of worship are considered “sensitive locations” where firearms are banned.
RELATED: Handgun owners carrying daily in US doubled in 4 years; self-protection cited as main reason: study
Security guards can be armed outside the place of worship, but technically this law does not specify that they can be hired.
Hochul wants to change this, but Mindel worries this might not be enough.
“It’s unaffordable really for these institutions to provide this security,” Mindel said. “And unfortunately, it’s not fair to ask police to constantly provide the security that today, these institutions require. “We have to be willing to allow people, ordinary citizens, to bring guns into these houses of worship for the sole purpose of protecting those that are participating in events.”
Hochul wants to make another tweak by allowing retired law enforcement officers to be exempt from the concealed carry laws.
Paul Digiacomo, President of the Detectives’ Endowment Association says even retired officers still face threats of violence.
“The uptick in crime is because of the illegal guns on the street, not the legal guns on the street,” Digiacomo explained. “But New York City detectives that carry their guns, whether active or retired, it adds another layer of safety to the people of this city and state.”
There are numerous lawsuits challenging the Concealed Carry Improvement Act, including one brought forward by the Gun Owners of America-NY.
A federal judge last August ruled in favor of the organization, saying that the new concealed carry law is unconstitutional. The New York Attorney General’s office is currently appealing the decision.
In a statement the Senior VP of GOA, Erich Pratt, wrote “Kathy Hochul knows this law blatantly violates the Second Amendment and the Bruen precedent, and in turn, she hopes that some of these changes will prevent the courts from striking it down like they are already indicating is imminent. Instead of half-baked measures, she would be wise to come to terms with the state’s overreach and encourage the legislature to repeal this law and in turn save millions in legal fees, which will be paid for by her taxpayers.”
In a separate case, New Yorkers for Constitutional Freedoms argue that the restrictions on firearms in places of worship are a violation of civil rights.
“I think what we’re seeing now with the governor’s budget initiative trying to put that proposal in there is this quiet acknowledgement that the houses of worship were right all along,” Executive Director for New Yorkers for Constitutional Freedoms Jason J. McGuire said.
There are some other tweaks to the law Hochul wants to work out in the budget, including clarifying that firearms are allowed at military ceremonies, funerals and on movie production sets.
She also wants firearms to be allowed in the Adirondack and Catskill state parks.
Some of about 125 weapons confiscated in a gang takedown are displayed at a press conference on May 21, 2009 in the Los Angeles-area community of Lakewood, California. (Photo by David McNew/Getty Images)
In the wake of a devastating mass shooting in Monterey Park last month in which 11 people were killed during a Lunar New Year celebration, the Los Angeles County Board of Supervisors is set to evaluate and discuss new gun control measures in hopes of curbing gun violence in the county.
Several motions are expected to be presented at Tuesday’s Board of Supervisors meeting, with proposals both ambitious and small in scale.
Countywide gun owner registry
Supervisors Lindsey Horvath and Hilda Solis have proposed a motion that would direct the County’s legal counsel to study the feasibility and legality of implementing a countywide gun registry.
The registry would be created in partnership with the Los Angeles County Sheriff’s Department and would use existing data and records to create a database that is “easily accessible for law enforcement first responders.”
Horvath and Solis say that the current system for gun tracing is a slow and tedious process and a countywide registry would make it easier for law enforcement officers to track down criminals.
“Having access to a database that lists the firearm(s) registered to a certain address would allow first responders to better assess the situation and adjust their approach accordingly when responding to a call for service at an address with a licensed firearm,” the motion reads.
Even if the Board of Supervisors agrees to move forward with the proposal, a countywide registry would not be immediately implemented and it would likely face many legal challenges. Federal law currently prohibits the Federal Government from having its own nationwide gun owner registry, the motion says.
Liability insurance
Additionally, the motion directs Los Angeles County to look into the possibility of requiring gun owners in the county to carry some form of liability insurance for their firearms.
The hope, according to the motion language, is that the insurance requirement will encourage firearm owners to “take safety classes, use gun safes, install trigger locks, or utilize chamber-load indicators.”
The idea of liability insurance requirement is a popular suggestion among gun control advocates, and the Supervisors’ proposal says there is some data to support its effectiveness.
The County’s Counsel would be required to report the findings of both the registry and insurance items within 90 days of the motion’s passage — if it passes.
Warning signs and secure storage
While those two proposals are quite ambitious and abstract at the current juncture, there are two additional items that appear likely to move forward with some immediacy.
If passed, the County would require new signage that warns of the dangers of firearms to be displayed at businesses where guns are sold.
Additionally, a requirement could be instituted that would require firearms at a gun owner’s home be securely stored in a locked container or disabled with a trigger lock.
Citing a study from the Journal of the American Medical Association, the proposals states that households with locked firearms and ammunition saw a vast decrease in self-inflicted firearms injuries and a much lower risk of unintentional firearms injuries among children.
Currently, California law requires firearm owners to keep guns safely secured and requires trigger locks be sold simultaneously with firearms sales. But, the motion argues, the State does not clearly define what counts as “safe storage” and the requirement only exists for home in which children live or regularly visit.
“The County has the ability to build upon state law with specific requirements for safe gun storage which could prevent the unintentional deaths of children and teen suicides by as much as 85% depending on the type of storage and could also prevent guns from being easily stolen in the case of a home invasion,” the motion reads.
Consumers can buy gun storage devices that are approved by the United States Department of Justice for as little as $40 and trigger locks can often be obtained for free from police and sheriff’s stations.
Assault weapons ban
Another motion authored by Solis and Supervisor Janice Hahn urges the Los Angeles County Board of Supervisors to publicly support efforts by California Sen. Dianne Feinstein to reinstate the nation’s expired ban on the sale and manufacture of assault weapons.
.50 caliber ammo ban and County property restrictions
And a third motion, also authored by Solis and Hahn, aims to ban the sale of .50 caliber firearms and ammunition in Los Angeles County and restrict the carrying of firearms on County property.
County property includes beaches, playgrounds, plazas and County department buildings, the motion reads.
Both ordinances have been researched and are ready for immediate introduction, Hahn and Solis say.
That motion also includes language to evaluate L.A. County’s zoning regulations. If passed, the County will begin researching the legality of implementing zoning restrictions on firearms dealers, including establishing a safe “buffer zone” to keep those businesses a yet-to-be determined distance from schools, parks and daycares, among other “sensitive areas.”
It will also call for stricter requirements for ammunition and firearms dealers to become licensed locally.
The L.A. County Department of Regional Planning and Treasurer and Tax Collector would be tasked with finalizing those two ordinances and would be asked to submit the findings to the Board for approval “as soon as possible.”
“Too many people have lost loved ones to gun violence in Los Angeles County. We must be united in our fight against gun violence and enhancing local regulations is an important part of the fight,” Solis and Hahn wrote in that motion.
It’s unclear at this time which, if any, motions will survive past Tuesday’s Supes meeting, but the Board currently carries a 4 to 1 Democrat majority and the lone Republican, Supervisor Kathryn Barger, has at times shown a propensity to support increased gun control measures during her terms as Supervisor.
U.S. District Court Judge Zahid Quraishi, a Biden appointee, killed a new law that was widely celebrated by anti-gun Liberals and Democrats. The law would have allowed the state to shut down, and likely bankrupt, the firearms industry if a single gun were misused in a crime.
The Federal Judge said that he agreed with the gun industry that the New Jersey law was likely unconstitutional and granted the National Shooting Sports Foundation a preliminary injunction.
In a 20-page opinion, the Judge said that the New Jersey law signed last summer by Gov. Phil Murphy ignored a larger federal law (the PLCAA) that protects the makers of guns, and other items, from being dragged into court when somebody misuses their product.
Here’s a recap of Gov. Phil Murphy’s package of anti-gun measures:
Judge Quraishi said that the federal 2005 Protection of Lawful Commerce in Arms Act (PLCAA) gives immunity to gun and ammo makers and sellers against the types of public nuisance laws Murphy championed.
“The court is mindful that firearms are inherently dangerous and even more so in the wrong hands,” wrote the judge, “but it is also mindful that the PLCAA embodies Congress’s earnest effort to balance those dangers against the national interest in protecting access to firearms.”
Mark Oliva, the spokesman for the National Shooting Sports Foundation, told a Washington Examiner reporter, “It’s a basic understanding of tort law. It’s the foundation of the Protection of Lawful Commerce in Arms Act, that anyone that criminally misuses a firearm or a product is responsible for the damages caused by their crime, not the person that lawfully made, lawfully sold that product.”
In an initial filing last November, the NSSF said the New Jersey law “is squarely preempted by federal law. In the late 1990s and early 2000s, several state and local governments sought to use novel applications of common law theories like negligence and nuisance to impose civil liability on manufacturers and sellers of firearms and ammunition when third parties misused their products. Congress saw these lawsuits for what they were: unconstitutional efforts to stamp out lawful and constitutionally protected activity.”
The bill would also ban anyone younger than 21 from having a permit to carry their gun concealed and would require all permit holders to have more training, including on how to safely store and transport guns.
California Gov. Gavin Newsom wants to limit where people can carry concealed guns after multiple mass shootings left dozens dead across the state in January, calling for more restrictions in a state that already has some of the nation’s toughest gun laws.
He endorsed legislation Wednesday that would ban people from carrying concealed guns into churches, public libraries, zoos, amusement parks, playgrounds, banks and all other privately owned businesses that are open to the public. The rule wouldn’t apply if the business owner puts up a sign that says concealed guns are allowed.
Democratic state Sen. Anthony Portantino, the bill’s author, called that exception “a legal nuance that I think helps it with constitutional muster.”
“This is not window dressing. This is to put a strong bill on the governor’s desk to withstand a legal challenge that is sure to come,” Portantino said.
It would also ban anyone younger than 21 from having a permit to carry their gun concealed and would require all permit holders to have more training, including on how to safely store and transport guns.
California and half a dozen other states previously had laws that required people to give a reason if they wanted to carry a concealed gun in public — like citing a direct threat to their public safety.
But a U.S. Supreme Court ruling last year struck down those laws, making it easier for people in those states to get a permit to carry a concealed weapon.
California Democrats tried to pass new rules last year — and they would have succeeded, had it not been for a strategic blunder requiring a two-thirds vote of the Legislature so the bill could take effect immediately. Democrats could not round up enough support, and the bill died.
“That’s not going to happen this year,” Newsom said. “I will be signing this legislation.”
Newsom and legislative Democrats vowed to double down on passing a new law this year. Their cause came with renewed urgency, after mass shootings in Monterey Park and Half Moon Bay left 18 people dead and 10 others wounded. In total, the state had six mass shootings in January and at least 29 people were killed.
When asked by a reporter if there is evidence that recent mass shootings are linked to the state’s concealed carry process, Newsom said investigators are still analyzing the specifics of the shootings.
“None of us came up here today asserting that this was in response to them,” Newsom said of the concealed carry proposal.
“Then what’s the point?” said Republican Assemblyman and former Riverside Deputy District Attorney, Bill Essayli. “He’s pandering, this is all politics and we’re tired of politics, we want solutions for Californians.”
Essayli and other Republicans have said the state needs to do a better job of enforcing gun and public safety laws already on the state’s books.
“This bill goes after law-abiding concealed carry weapons owners who we know are the safest and most responsible gun owners in society, we need to be going after the people who should not be having guns,” Essayli said.
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This content is imported from Twitter. You may be able to find the same content in another format, or you may be able to find more information, at their web site.
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Here is a look at some firearm-related bills state lawmakers will consider this year:
AB 97: Makes possession of an unserialized, or ghost gun, a felony.
SB 2: Sets new limits for concealed carry permit holders
AB 303: Requires the state attorney general to create an online database for the state’s Armed and Prohibited Persons System.
AB 328: Would reinstate harsher penalties for those who use a gun in the process of committing a violent crime.
AB 28: Creates a new tax on firearms and ammunition to fund gun violence protections.
–KCRA 3’s Ashley Zavala contributed to this story.
FILE – Assault rifles are displayed at Coastal Trading and Pawn, Monday, July 18, 2022, in Auburn, Maine. (AP Photo/Robert F. Bukaty, File)
SPRINGFIELD, Ill. (AP) — An Illinois appellate court on Tuesday upheld a temporary restraining order on enforcement of the state’s three-week-old law banning semiautomatic weapons, enacted largely in response to the mass shooting at an Independence Day parade in the Chicago suburb of Highland Park.
A three-judge panel for the 5th District Appellate Court affirmed the restraining order issued Jan. 20 by a circuit judge in Effingham County.
Illinois Attorney General Kwame Raoul, a Democrat, plans to appeal the ruling to the state Supreme Court.
The Protect Illinois Communities Act prohibits the manufacture or possession of semiautomatic handguns and rifles. Those who owned them before the Jan. 10 effective date of the law must register them with the Illinois State Police by Jan. 1, 2024.
Hundreds of gun owners, merchants and advocates filed suit in Effingham, about 101 miles (160 kilometers) northeast of St. Louis, seeking the restraining order. They argued that the Legislature improperly enacted the law and that by exempting some classes of people — law enforcement, corrections officers, retired police officials — denied potentially millions of other gun owners equal protection under the law.
Plaintiffs’ attorney Thomas DeVore, a Republican who ran unsuccessfully last fall for state attorney general, said the equal protection argument under the Constitution’s 14th Amendment was persuasive in upholding the restraining order.
The law became a priority for Democratic Gov. J.B. Pritzker and Democrats who control the General Assembly after the Highland Park shooting, which left seven dead and injured 30.
Illinois is the eighth state, along with Washington, D.C., to restrict such guns.
The attorney general’s office said it would seek an expedited schedule of proceedings from the state’s high court.
“The Protect Illinois Communities Act is an important tool in what must be a comprehensive approach to addressing gun violence throughout Illinois, and we remain committed to defending the statute’s constitutionality,” spokesperson Annie Thompson said in a statement.
DeVore said the restraining order applies only to the plaintiffs, which include gun dealers that may continue selling the weapons, and that it must be followed by all circuit courts in the state, even outside the 5th District, unless an appellate court elsewhere holds differently.
“Nothing about this is surprising. Everything about this is infuriating,” he stated to O’Donnell Monday before also declaring that “the Second Amendment is becoming a suicide pact.”
In turn, O’Donnell politely but firmly informed a smug-looking Newsom that there are “many people in this country that support the Second Amendment and are lawful gun owners.”
But another clip circulating on social media from their exchange where Newsom is expanding on his comments actually makes him look even worse, not just because of what he claims about Republicans supposedly “not giving a damn” about children getting hurt and killed during shooting tragedies, but because of what’s going on directly behind him as the cameras were rolling.
See if you can spot it:
Yep, that’s Gavin Newsom being trailed by a taxpayer-funded armed security detail as he brags about everything the state of California has done under his watch to curb gun rights.
You absolutely could not make this up if you tried.
“Saying the Second Amendment is a ‘suicide pact’ while literally being protected by armed security guards is the most elitist, unaware, on-brand thing Gavin Newsom has said,” one astute Twitter user observed. “Ranks right ahead of his fancy dining during the covid lockdown. This guy truly is unique.”
Isn’t it fascinating how the harsh infringements on your Constitutional rights that Democrats often push for usually only apply to the common man and never to them? As pointed out above, we saw this all during the coronavirus pandemic, especially in the more heavily restricted states (blue states) like California where Democratic officials like Newsom and then-House Speaker Nancy Pelosi were routinely found to be not practicing what they preached as it related to “keeping their fellow citizens safe” during the pandemic.
We also saw this, for example, in Minneapolis as the Democrat-run city council there pushed in the summer of 2020 to defund the police and yet were found to have armed, taxpayer-funded security due to alleged “threats” they were supposedly receiving over their public statements in support of “reimagining” (read: getting rid of) the Minneapolis police force.
It’s always the same old song and dance with these people, with the rules for thee but not for me mentality and all that. This is why whenever the inevitable calls from the left to chip away at more rights start, rational people should push back using every legal tool at their disposal to counter their attempts – with the most important tool, of course, being their voice.
(The Center Square) – The list of about 170 different semi-automatic guns now banned in Illinois could change with state police granted the authority to update the list “as needed.”
Possession of guns legally purchased before Gov. J.B. Pritzker signed the measure Tuesday are grandfathered in, but owners must eventually register each weapon’s serial number. Illinois State Police are to develop the registry with gun owners required to comply by Jan. 1, 2024. Violations could be a Class 2 felony.
Long gun magazines of more than 10 rounds and handgun magazines of more than 15 rounds are banned in the state of Illinois. Those don’t have to be registered, but are grandfathered. However, violations of having them outside of private property is a petty offense with a fine of $1,000 for each infraction.
Gun-owner rights’ groups plan to sue but the measure is in effect absent any court orders.
While the legislation lays out a list of the banned firearms, House Speaker Emanuel “Chris” Welch said the law gives Illinois State Police some leeway.
“It strengthens the assault weapons ban by also allowing Illinois State Police to update the list as needed,” Welch said.
The legislation says that “No later than October 1, 2023, and every October 1 thereafter, the Illinois State Police shall, via rulemaking, identify, publish, and make available on its website, the list of assault weapons subject to an endorsement affidavit.”
“The list shall identify, but is not limited to, the copies, duplicates, variants, and altered facsimiles of the assault weapons … and shall be consistent with the definition of ‘assault weapon’ identified” in the law.
The list of guns in the law are below.
Rifles:
AK, AK47, AK47S, AK–74, AKM, AKS, ARM,
MAK90, MISR, NHM90, NHM91, SA85, SA93, Vector Arms
AK–47, VEPR, WASR–10, and WUM.
IZHMASH Saiga AK.
MAADI AK47 and ARM.
Norinco 56S, 56S2, 84S, and 86S.
Poly Technologies AK47 and AKS.
SKS with a detachable magazine.
AR–10.
AR–15.
Alexander Arms Overmatch Plus 16.
Armalite M15 22LR Carbine.
Armalite M15–T.
Barrett REC7.
Beretta AR–70.
Black Rain Ordnance Recon Scout.
Bushmaster ACR.
Bushmaster Carbon 15.
Bushmaster MOE series.
Bushmaster XM15.
Chiappa Firearms MFour rifles.
Colt Match Target rifles.
CORE Rifle Systems CORE15 rifles.
Daniel Defense M4A1 rifles.
Devil Dog Arms 15 Series rifles.
Diamondback DB15 rifles.
DoubleStar AR rifles.
DPMS Tactical rifles.
DSA Inc. ZM–4 Carbine.
Heckler & Koch MR556.
High Standard HSA–15 rifles.
Jesse James Nomad AR–15 rifle.
Knight’s Armament SR–15.
Lancer L15 rifles.
MGI Hydra Series rifles.
Mossberg MMR Tactical rifles.
Noreen Firearms BN 36 rifle.
Olympic Arms.
POF USA P415.
Precision Firearms AR rifles.
Remington R–15 rifles.
Rhino Arms AR rifles.
Rock River Arms LAR–15 or Rock River
Arms LAR–47.
Sig Sauer SIG516 rifles and MCX rifles.
Smith & Wesson M&P15 rifles.
Stag Arms AR rifles.
Sturm, Ruger & Co. SR556 and AR–556 rifles.
Uselton Arms Air-Lite M–4 rifles.
Windham Weaponry AR rifles.
WMD Guns Big Beast.
Yankee Hill Machine Company, Inc.
YHM–15 rifles.
Barrett M107A1.
Barrett M82A1.
Beretta CX4 Storm.
Calico Liberty Series.
CETME Sporter.
Daewoo K–1, K–2, Max 1, Max 2, AR 100, and
AR 110C.
Fabrique Nationale/FN Herstal FAL, LAR, 22
FNC, 308 Match, L1A1 Sporter, PS90, SCAR, and FS2000.
Feather Industries AT–9.
Galil Model AR and Model ARM.
Hi-Point Carbine.
HK–91, HK–93, HK–94, HK–PSG–1, and HK USC.
IWI TAVOR, Galil ACE rifle.
Kel-Tec Sub-2000, SU–16, and RFB.
SIG AMT, SIG PE–57, Sig Sauer SG 550, Sig
Sauer SG 551, and SIG MCX.
Springfield Armory SAR–48.
Steyr AUG.
Sturm, Ruger & Co. Mini-14 Tactical Rifle
M–14/20CF.
All Thompson rifles, including the following:
Thompson M1SB.
Thompson T1100D.
Thompson T150D.
Thompson T1B.
Thompson T1B100D.
Thompson T1B50D.
Thompson T1BSB.
Thompson T1–C.
Thompson T1D.
Thompson T1SB.
Thompson T5.
Thompson T5100D.
Thompson TM1.
Thompson TM1C.
UMAREX UZI rifle.
UZI Mini Carbine, UZI Model A Carbine, and
UZI Model B Carbine.
Valmet M62S, M71S, and M78.
Vector Arms UZI Type.
Weaver Arms Nighthawk.
Wilkinson Arms Linda Carbine.
Pistols:
All AK types, including the following:
Centurion 39 AK pistol.
CZ Scorpion pistol.
Draco AK–47 pistol.
HCR AK–47 pistol.
IO Inc. Hellpup AK–47 pistol.
Krinkov pistol.
Mini Draco AK–47 pistol.
PAP M92 pistol.
Yugo Krebs Krink pistol.
All AR types, including the following:
American Spirit AR–15 pistol.
Bushmaster Carbon 15 pistol.
Chiappa Firearms M4 Pistol GEN II.
CORE Rifle Systems CORE15 Roscoe pistol.
Daniel Defense MK18 pistol.
DoubleStar Corporation AR pistol.
DPMS AR–15 pistol.
Jesse James Nomad AR–15 pistol.
Olympic Arms AR–15 pistol.
Osprey Armament MK–18 pistol.
POF USA AR pistols.
Rock River Arms LAR 15 pistol.
Uselton Arms Air-Lite M–4 pistol.
Calico pistols.
DSA SA58 PKP FAL pistol.
Encom MP–9 and MP–45.
Heckler & Koch model SP–89 pistol.
Intratec AB–10, TEC–22 Scorpion, TEC–9, and
TEC–DC9.
IWI Galil Ace pistol, UZI PRO pistol.
Kel-Tec PLR 16 pistol.
All MAC types, including the following:
MAC–10.
MAC–11.
Masterpiece Arms MPA A930 Mini Pistol,
MPA460 Pistol, MPA Tactical Pistol, and MPA Mini
Tactical Pistol.
Military Armament Corp. Ingram M–11.
Velocity Arms VMAC.
Sig Sauer P556 pistol.
Sites Spectre.
All Thompson types, including the following:
Thompson TA510D.
Thompson TA5.
All UZI types, including Micro-UZI.
Shotguns:
DERYA Anakon MC–1980, Anakon SD12.
Doruk Lethal shotguns.
Franchi LAW–12 and SPAS 12.
All IZHMASH Saiga 12 types, including the following:
IZHMASH Saiga 12.
IZHMASH Saiga 12S.
IZHMASH Saiga 12S EXP–01.
IZHMASH Saiga 12K.
IZHMASH Saiga 12K–030.
IZHMASH Saiga 12K–040 Taktika.
Streetsweeper.
Striker 12.
OKLAHOMA CITY, Okla. (KFOR) – Some sheriff’s offices across Oklahoma are standing against the enforcement of a new gun rule from the U.S. Department of Justice that expands the definition of short-barreled rifles to include pistols with stabilizing braces. These sheriffs assert that the new rule contradicts the Oklahoma Second Amendment Sanctuary Act.
On January 13, the DOJ submitted the Bureau of Alcohol, Tobacco, Firearms, and Explosives’ “Stabilizing Braces” Final Rule, “which makes clear that when manufacturers, dealers, and individuals use stabilizing braces to convert pistols into rifles with a barrel of less than 16 inches, commonly referred to as a short-barreled rifles, they must comply with the laws that regulate those rifles, including the National Firearms Act (NFA).”
Attorney General Merrick B. Garland said the rule “makes clear that firearm manufacturers, dealers, and individuals cannot evade these important public safety protections simply by adding accessories to pistols that transform them into short-barreled rifles.”
elbach explained further.
“Short-barreled rifles have the greater capability of long guns, yet are easier to conceal, like a pistol,” he said. “But certain so-called stabilizing braces are designed to just attach to pistols, essentially converting them into short-barreled rifles to be fired from the shoulder. Therefore, they must be treated in the same way under the statute.”
On Tuesday, Oklahoma County Sheriff Tommie Johnson lll said per the Oklahoma Second Amendment Sanctuary Act, his office cannot enforce the rule established by the DOJ since it’s not a federal law.
“This state statute creates a contradiction,” he said. “Therefore, I have instructed my deputies, if you encounter someone in possession of a pistol with a stabilizing brace during a low-level incidental contact like a traffic stop, traffic collision, or a motorist assist, deputies are not to take any action in regard to enforcement of ATF Final rule 2021R-08f… In other words, if a deputy encounters someone with a pistol equipped with a stabilizing brace, they will take no action against that person unless that person is using the weapon in the commission of a crime.”
Sheriff Damon Devereaux of Logan County and Sheriff Jim Mullett of Garvin County announced similar positions on Wednesday and Thursday, respectively.
“The Logan County Sheriff’s Office stands with our neighbors to the South, Sheriff Tommy Johnson lll, and The Oklahoma County Sheriff’s Office and any other Sheriff’s Office or other Law Enforcement in defense of rights,” Devereaux said, citing Oklahoma State Statutes 1289.24d and 1289.24e.
Joshua Harris-Till, a leader with the Oklahoma chapter of Moms Demand Action, disagrees with the stance.
“The sheriff’s office should uphold this new rule because it is just a clarification on the short-barrel firearm laws already on the books,” he said. “It shouldn’t be something that we’re saying is a threat to the Second Amendment. All it is is a clarification.”
He explained how enforcing the rule of registering pistols with stabilizing braces as short-barreled rifles will make things better.
“It doesn’t make them illegal, inherently,” he explained. “What it makes is an opportunity for you to register those guns to show that you are a responsible gun owner and that your guns won’t be used in any of the crimes that are happening. And that’s going to help us kind of determine which guns are supposed to be on the streets and which guns aren’t. And so, if you really support responsible gun ownership, you should be in favor of this law and in favor of the registration so that we can figure out how to end gun violence.”
The DOJ said beyond background checks and serial numbers, the heightened requirements for short-barreled rifles include taxation and registration requirements that include background checks for all transfers including private transfers.
The new rule allows for a 120-day period for manufacturers, dealers, and individuals to register tax-free any existing NFA short-barreled rifles covered by the rule. Other options including removing the stabilizing brace to return the firearm to a pistol or surrendering covered short-barreled rifles to ATF. Nothing in this rule bans stabilizing braces or the use of stabilizing braces on pistols.