This Week in Gun Rights is TTAG’s weekly roundup of legal, legislative and other news affecting guns, the gun business and gun owners’ rights.
Tennessee’s Broken Sanctuary Law
In 2015, Tennessee enacted a kind of Second Amendment Sanctuary law. Most of these laws are toothless, but Tennessee’s was without gums. The law only barred enforcement and assistance in federal gun control laws if the assistance “would result in the violation of Tennessee statutory or common law of the Constitution of Tennessee.”
Of course, nobody knew what this meant. That spawned two attempts to fix the gimped sanctuary law, both of which were wholly ineffective, as a new report from the Tenth Amendment Center shows.
It’s clear that there is a place for Second Amendment sanctuaries in our system. Sanctuary treatment made huge inroads to the normalization of other items in the history of our nation, and there is no reason it can’t help with guns. The thing that needs to be overcome is the seemingly limitless desire of politicians to write impotent laws.
A good sanctuary law would set up civil awards for anyone who is victimized by a state actor who ignores the provision, and yank funding from that division for a period of time.
The definitional problem Tennessee struggles with is unnecessary. A simple line can be drawn: no state money (including employees) should be used to enforce any federal law respecting the peaceable possession of an object. We have yet to see any sanctuary laws do both, and rarely do either.
NSSF’s to challenge New York’s New Public Nuisance Law
We’re all well aware that New York’s Governor Andrew Cuomo hates guns almost as much as he loves himself. Last month he signed a host of anti-gun measures. None of them were what you’d call mild, but the one which seemed to boil to the top was S. 7196, which “allows public to hold gun manufacturers liable for their products creating a public nuisance.”
The law is clearly an attempt to take another bite at the apple the feds eliminated with passage of the Protection of Lawful Commerce in Arms Act, which hamstrung frivolous products liability lawsuits targeting gun manufacturers for the criminal misuse of firearms.
The New York law attempts to skirt the PLCAA by creating a brand new cause of action under a public nuisance theory, which of course still sounds in tort, and is thus analogous to the types of suits prohibited by the PLCAA.
Luckily enough, the NSSF is mounting a challenge to the law, since it spits in the face of the PLCAA and kind of ignores the basic principles of our civil law system.
Louisiana Struggling to Become 22nd Constitutional Carry State
Recently, a constitutional carry bill passed by supermajority in Louisiana, only to be vetoed by Gov. Jon Bel Edwards. It’s fairly rare for a governor to veto a law that has passed both houses by supermajorities. All the legislature generally needs to do is override it. The question brewing was whether Louisiana would hold a special session to do that. Last week we saw the answer was they would.
The override session starts today. Generally speaking, we know the votes are there to override Edwards’ veto. The only question is whether the political smack of a veto override will scare off what were a few fence sitters. Here’s hoping for Louisiana being number 22!
‘Pro-Gun’ Group Promises Kinder, Gentler Disarmament
David Codrea endured an all-day seminar put on by “97 percent”, which is a “bipartisan group of gun owners and non-gun owners representing the vast majority of Americans who believe in gun safety and responsible gun ownership.”
The organization is an instrument of Adam Miller, a “tech founder, social entrepreneur and philanthropist” who launched the allegedly pro-gun group in an attempt to appeal to the mythical nougat center of American politics: the middling middle-grounder that doesn’t actually exist.
According to Codrea, the seminar was focused mainly on such measures as universal background checks, smart gun technology, and safe storage laws.
Here’s hoping you didn’t sink as much time into it as Codrea did and that very few buy into this allegedly bipartisan, pro-gun control faff.
The Big Problem is ‘Community Guns’ (Allegedly)
Cincinnati cops, after finding a gun ditched under an air conditioner or something, have decided that there exists some kind of community gun-share program among criminals in the city.
The idea is that a group of people who can’t legally own guns somehow acquire one — usually by stealing it — and leave it in a known location so that they can… do what they need to do with it. Or something.
Of course, if you believe this report, the unattended “community” gun is at no point simply stolen by one of these prohibited people. Rather it’s maintained in this absurd gunshare program.
While the idea of community guns sounds incredibly cool, like much of what the media produces, I expect it’s incredibly contrived.
Anyone, anywhere actually not believe that the ultimate goal is the total disarmament of American citizens? Baby steps may fool some of us but the goal is still the same!
https://www.youtube.com/watch?v=jgYJ5V2HYy4
What was missing in that crowd?
@ possum…Can you say in European terminology and spelling……”colour”
“Cincinnati cops, after finding a gun ditched under an air conditioner or something, have decided that there exists some kind of community gun-share program among criminals in the city.”
OMG!!!! it’s easier to get a gun than check out a library book!!!
Wait… it’s exactly the same as checking out a library book apparently.
What idiots.
Does the last ̶c̶r̶i̶m̶i̶n̶a̶l̶ ‘community program member’ who uses the “gun sharing” gun have to top off the magazine?…or risk a hefty fine?
Ammo is quite expensive.
Asking for a friend.
looking forward to good news from the pew krewe.
The Louisiana Special Session kicks off at Noon today in the Senate, and SB118 over ride vote is scheduled for early in the Session.
popped back hoping there might be an update.
Regarding Louisiana, the good thing I can think of about a veto override is that such an action would signal the will of the People of LA, rather than the will of a single person (Governor) with the support of just enough legislators to support him. A supermajority veto override speaks with greater volume.
Be on your guard against backroom deals.
https://www.ammoland.com/2021/07/constitutional-carry-corruption-in-the-bayou-louisiana-video/
Failed.
https://www.legis.la.gov/legis/BillInfo.aspx?&i=240183
So, let’s see if we can figure this out logically.
Do we really think that one individual who has control of a gun will leave it in a place where EVERYone in the community – except for the cops – will know where it could be retrieved? This just doesn’t make sense. If too many people know where it’s kept, knowledge of that place will leak to either the cops or someone who will retrieve and keep the gun. THIS just can’t happen.
One individual who is a member of a gang – be it large or small – might leave this gun in a common place accessible to members. A much preferred alternative would be to leave it in the custody of a “librarian” who will take care to lend it only to fellow gang members and that it be returned promptly. This certainly could happen. No doubt it does happen.
The only noteworthy consideration is that it increases the elasticity of supply. If there are 100 gang members in a neighborhood and they each need a gun – but only occasionally – then they can get by with just 10 guns using a lending library approach. In a country with 400 million guns in circulation, how much does this lending library increase supply?
These 100 gang members could get along – more conveniently – with such lending if they had 50 guns; each gun being shared by just two members. The gang will simply have to invest more precious capital in their gun inventory; increasing their inventory from 10 to 50.
Turn the problem the other way round. Suppose this gang has 50 guns and gun control is successful (by some magic) in making it too costly to maintain so many guns in this limited capital pool. Simply by raising the price of guns from $500 to $1,500 might achieve this goal. (The lawful owner of a $1,500 gun will buy a stronger safe so his gun won’t be stolen.)
Since we see how the lending library works to increase the elasticity of supply, we can also anticipate that the number of guns available to those who need them for criminal activity will not really be reduced. Instead of 2 members sharing a gun 10 members will have to share each gun. If 10 guns suffice for the desired level of crime, then the number of crimes need not decrease.
Changing access to my rights because of what criminals “might do” isn’t a free country.
Getting really burned out of fancy pants telling 300 million people that they can’t own and enjoy something because one person might use it the wrong way.
There needs to be a 3rd party watch that unless the item in question is causing an issue to the majority of the population, then no law needs made…. kinda like a Supreme Court or something…..
Socialists have a thing for “collective punishment”.
Wow where’s my local “community gun library”?!? I’m looking for something with a giggle switch 😏😐😝
Actually, it’s been known for years that the steet gangs maintain “pool” guns that are stashed in locations, or with non-gang people, that are useable by any gang member when needed.
Not all gang members are strapped 100% and those that are don’t like carrying a weapon with bodies attached.
So, the weapons are fetched as needed.
I’m sure some keep a ‘group stash’ but most gangs are not that smart. Most gang members are too full of hate, rage, and self loathing to care about who else has a gun unless it’s a drug dealer in a deal gone bad. I guaranty the idiot that holds up the corner gas station with a real gun missing a magazine even considers that the clerk behind that counter has their own.
We are not talking about organized people like in Pulp Fiction. Quite a few of them aren’t even 20 years old.
Quite a few of the gang lords are over thirty, and they run fairly sophisticated drug sales organizations that arrange for importation and purchase of drugs, distribution to street retailers, and the collection of hundreds of thousands of dollars in sales proceeds, meting out rewards and pay to all the members of the organization, including the kids who watch out for and alert to the presence of the police. That’s why they get to drive expensive rigs they paid for with cash.
Moreover, I have read reports of gangs maintaining lock boxes and renting out guns with or without ammunition for someone who wants to do whatever. The rent goes up if there is a body on the gun. Sometimes the bullets don’t match the caliber of the pistol (oops). Some guns, when recovered, have been traced to multiple shootings that as fate would have it were committed by different people at different times.
If this is the case then this is something that needs to be talked about on a larger scale than a few responses in a thread somewhere. This is not something I’m seeing discussed anywhere. It could blow the lid off everything we have seen over the last year plus. We are talking about an underground that everyone in Washington will ignore if not blame on conservatives. We are also talking about what they are calling ‘super spreaders’.
But it becomes interesting to hear that there are people that know all this while at the same time we are having guns denied to the law abiding.
If this discussion ends here then it becomes nothing. It in itself needs to be an article or even a series of articles on this website, tv, and radio.
“If this discussion ends here then it becomes nothing.”
Sorry, on this subject (gang communal gun use), there’s is no ‘there’ “there”.
It’s nothing new, nothing unknown…
You guys have had me thinking about this a lot today.
This actually does answer a great many questions about why things have been happening the way they have. The reasons why Washington Democrats do what they do.
It’s crazy and I feel like I’m getting drawn in but it’s all starting to fit together.
🤪🤔
I keep hearing people talk in terms of “the majority of Americans”. It doesnt sound to me like the people saying that have any clue the degree to which this country is split…just about right down the middle. There might be a few that don’t care but we have those that hate the US and those that love it enough to lay down their lives for it.
“…community gun-share program among criminals…”
LOL
What a joke. These fools have no clue what they are doing.
It is very interesting to see so many governors and state legislatures creating all these “2A Sanctuaries” while at the same time so many governors and state legislatures help remove Trump so that the Democrat party could decimate our economy and our future.
While those in power stumble over themselves sending a message to the rest of the worlds’ leaders that there is blood in the water, the American populace arms themselves to the teeth.
While China sets up for war…our elected leaders play paddy-cake telling all of us to sit down, shut up, and do as we are told by our betters.
“…I keep hearing people talk in terms of “the majority of Americans”….”
But ‘Those’ people don’t look on POTG as “Americans”.. not really. The same as when Anti-gun statements include “98% of the American People want safe storage laws. You, I , and POTG are not included in that statistic. ‘The People’ is not fly-over country, not to the gun grabbers.
I agree.
It’s just like when we hear politicians and the media talk about ‘workers’ or ‘working Americans’. They are not talking about people with jobs. They are referring to unions and union workers. It doesn’t matter that union workers are but a tiny fraction of employed Americans.
“…community gun-share program among criminals…”
LOL
What a joke. These fools have no clue what they are doing.”
Actually these “fools” love your thinking.
They are better armed, organized and run then the mob.
Every member has a role to play, it isn’t just a bunch of “fools”.
MSM portrays that as the case and most buy into it.
The gang life begins when you are young.
You climb the ladder. If you are a stupid thug, you shoot people.
If you are a thugs little brother who is smart, the gangs pay for your schooling.
That means you keep you ass clean and if you don’t there will be hell to pay.
You go to college in a different state and get a DL in that state.
Then you buy as many guns and ammo as you can w/o getting on somebodies radar.
Someone from the gang makes monthly trips to get the guns and bring them back.
In the mean time you maintain a 4.0 GPA because after this you are going to law school.
The “fools” have infiltrated the PDs, the military, logistics chain and the bar association.
I assume you are just a regular gun guy. Say you wanted something special like a MP5.
You also want a few hundred rounds of ammo and some magazines for it.
How fast could you get your hands on one and the ammo?
I ask because a higher level gangbanger could have one brand new in an hour.
Along with ammo that you cannot even procure.
Those “drug deals” net gangs millions upon millions of dollars.
Americans love their drugs, reality sucks for a a lot of people.
Crackheads trade stolen gold for crack. The gold is sold to people who melt it.
A established crack house takes in about 30-50K in gold in a 24 hour period.
You compare these “fools” to a Quentin Tarantino movie. That’s a bit foolish.
The idiot who robs the corner gas station is probably a crack addict.
He will use that money to buy drugs. He isn’t a gangbanger.
MSM will say he has “ties” to gangs but he probably has been thrown out of one.
https://en.wikipedia.org/wiki/Latin_Kings_(gang)
https://en.wikipedia.org/wiki/People_Nation
https://en.wikipedia.org/wiki/Folk_Nation
Do you have a M4A1? They do and 100,000 rounds of ammo to feed them.
It’s really not a bunch of punks with Hi-Points unless they are going to toss it.
That is after they shoot someone multiple times in the head.
That sounds more like BLM and Antifa with THEIR rich old white guy funding.
The gangs love BLM because they really don’t care. The BLM nonsense takes the heat off of them, the gangs are in it for one thing, MONEY.
The only thing I can say on an open forum is I had a store with a business partner in Garfield Park in Chicago.
I have been things that most would not believe but you get A LOT of credibility by just treating people with respect and talking straight with them.
If you treat people like they are stupid, beneath you and are trash people catch on real quick. If you treat people like people who you might have to take time to explain what’s up with your business you establish a common bond. People do not choose what they are born into, they can change that but for most in “ghettos” the only possible way out is gangs.
Somebody comes into my store and they are dopesick? I gave them money because I saw my brother go through the same thing after he got out of the army after Vietnam and didn’t kick until 1987? You give them $20 so they can get a fix and the word gets around and not that you are a chump.
“College Boy Rob” (this was a while back) is alright, he helped my cousin, brother, whatever out when he was dopesick.”
I never got burned once, I made it clear that it was two days lunch money so I wouldn’t be having lunch that day or the next. The $20 would be returned and usually with a couple of hotdogs and fries from this place a block down the street.
People would stop in and tell me that someone was on a binge with a gun so be careful. “When you are leaving get the popo here or we can be here to cover your back. Mookie’s been on a two day crack binge and is out of his mind.”
The moral is yes it is kind of like the “library” because stash houses aren’t just for drugs and money. They also move the stuff in the houses to other stash houses routinely. That’s all I’m going to say on an open forum even though this was years ago.
The store is closed, the partnership is dissolved, my business partner and I are still friends but his wife took him to the cleaners so he’s hurting. I kept my money and didn’t go to the Bahamas every month or build things that lost a lot of money. I didn’t have a custom house built in Henderson, NV that I would occasionally visit and gamble like a complete fool. My ex business partner actually played Keno when he slept, he would get tickets for 50 drawings.
Uber
Uber Eats
Uber Thug?
The notion of common street criminals having a community “gun share” program is too ridiculous to even consider.
even the most common, if affiliated, are under the direction of some very smart cookies. think in terms of a large pool of disposable defaced serial numbers that are viewed only as the tools they are. there are bbq guns in the community, but shorty only gots hardware.
@MarkPA – First, the pool is elastic, with guns being added, traded, sold, dropped, seized, etc.
Second, it isn’t a formal armory with a fixed inventory, i.e., x guns per x gang members. It’s an available supply, should A gun be needed by A gang member.
There are some gangs, in some cities, that do maintain armories, usually soread out a ross several locations. Those gangs usualky have deep ties to cartels.
Third, not all gang members are privy to the locations of the guns, or even the existance of them, and the locations will change, based on many factors.
I might could see this with the high power gangs that take over countries like what happens in South America or Mexico. This might be something for a small group of armed and organized criminals taking over the Nakatomi building to steal millions in bearer bonds.
Members of the crips or bloods or MS13 would be more likely to get theirs by theft. They are more likely to take the gun from someone else after killing them.
You seem to watch a lot of movies.
1988 was 33 years ago.
It’s the “Folk Nation” and “People Nation”
Bloods and Crips are part of a much larger organization.
Precious metals and drugs are better then bearer bonds.
They are much easier to trade on the street.
I’ve seen my share of films. I’m also not living in the past. I do get out and I do pay attention. I’m not hearing this anywhere. Even before Covid. I used to hear about fast and furious and that still comes up on occasion just like Waco. It would seem this would be a great series of article for TTAG. It would also seem to be getting ignored if not covered up. I would submit that it isn’t something the average person has been told about.
This needs attention.
“This needs attention.”
Do you seriously want the Leftist Scum’s undivided attention on this?
Are you stoned, drunk, or stupid? It’s nothing new, and it doesn’t apply to us…
@Geoff
I am coming to realize that.
Although I do think we are getting caught up in it in a secondary way. Decisions made by government in whatever they want to do to handle this is having an affect on how people in general get treated. We are feeling a backlash and it’s not from criminals have guns. That might be intensional. It probably is. But this situation is going to reach a head. It is not realistic to think it won’t spill over.
I’ll put 10K on the gangs in Chicago against the National Guard.
Let the Leftist Scum take them on, they will lose.
It really isn’t anything new at all and doesn’t apply to law abiding gun owners. Most of the cops were completely cool and I bought many guns from CPD that weren’t drop guns or had hits on them. This was before you could buy department buybacks, CPD never supplied their LEOs with guns or ammo.
Read this, I bet a lot of people will find it interesting.
http://directives.chicagopolice.org/directives/data/a7a57b38-137ec5db-e6913-7ec6-7ee3ce8cb24a817d.html
Repeat the following 10 times…The Second Amendment is One Thing. The Criminal Misuse of Firearms is Another Thing. Gun Control is a Racist and Nazi Thing.
“Repeat the following 10 times…The Second Amendment is One Thing. The Criminal Misuse of Firearms is Another Thing.”
Damn straight, Deborah.
Criminals are gonna criminal. This crap isn’t us.
Attracting attention to this will have no positive benefit for us, full stop…
THE 2nd Amendment according to RR says it’s the People’s right in it. Read it yourself so gubmint is just doing theater in order to look like they are your masters. But they are NOT your masters, you are and the 2nd Amendment is a good place to show them.
Other places show that in the Constitution, also. So tell them to sit down, SHUT UP, and listen.
Tennessee now has unlicensed concealed and open carry, state-wide. I didn’t understand the misinformation the article has about Tennessee. No state or local law enforcement agency will be party to ANY federal gun grab, with the possible exception of the Dem-controlled big cities such as Memphis or Nashville–which is likely the same as in any state, sanctuary or not.
I know there are gangs that hand out guns to their members — it’s a cost of doing business and supplying the tools the employees need. In this case, I’m guessing the gun was left nearby so that a gang member had easy access to it, but he couldn’t be charged with possession if he was busted. Gangs have used similar tactics, such as having one person accept payments, and then signal another member to go get the customers drugs from a nearby stash. Unless the cops catch somebody at the stash, nobody has enough drugs to meet “with intent to distribute” limits.
If the sanctuary states dont do what their told the Feds will withhold federal funding.
Any cop worth his salt in the ‘hood knows that drug money is held by grandma, and she divies it out as needed. How much of a reach would it be to think that the gang’s guns are held in one or 2 “grandmas’ homes”?
Particularly in immigrant communities, you will see Grandma holding the family money. The money to pay the coyotes for running the border, to get Hector some bail money, or even for legitimate expenses. My brother sold cars for 40 years, those families came in together, sometimes uncles, aunts and cousins. When papa would like a car, he would look to his wife, and she would nod yes or no to grandma, they would then visit the ladies room and come out with all the cash, and still try for a better deal.
Grandma might go to church every day, but she knows where the money is coming from, they are very practical about “the life”.
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