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.
Philadelphia sues state of Pennsylvania over gun law preemption
The city of Philadelphia joined CeaseFire PA in suing the Commonwealth of Pennsylvania this week, claiming that the state’s preemption of firearm regulations is impermissible under the Pennsylvania Constitution. The lawsuit is titled Crawford v. Commonwealth, and the city claims that, if not for the Commonwealth’s prohibition on anti-gun legislation, it would be able to reduce gun violence in Philadelphia by passing legislation including purchaser permit requirements, gun rationing, and red flag laws – laws that will only serve to negatively impact law-abiding individuals and will have no impact on drug-related violent crime.
All of these claims are bunk, and the state is clearly correct in preventing radical local bureaucrats from writing laws that infringe on individual rights. Besides, the issue of preemption was already decided by the Pennsylvania Supreme Court in two prior cases: Ortiz v. Commonwealth and Schneck v. Commonwealth. Even Giffords acknowledges that the court determined and accepted as constitutional, that the legislature “denied all municipalities the power to regulate the ownership…transfer or possession of firearms.”
The lawsuit being brought by the city is frivolous and in many ways, substantially identical to the kind of abuse that the city of Pittsburgh is trying to rain down on its gun-owning residents. The court should dismiss this suit in its entirety or at least wait until the FPC is done fighting Pittsburgh.
Sanctuary Cities can’t keep residents safe from Virginia’s red flag laws
Ever since Democrats took control of the state legislature in Virginia, sanctuary cities have been popping up left and right, declaring themselves in support of the right to keep and bear arms in defiance of the state’s new anti-gun laws. Of course the truth is that public declarations of Second Amendment support don’t always hold up.
Over the first couple of months following the passage of Virginia’s new red flag law, at least half of the red flag orders were conducted in localities that had declared themselves as gun rights sanctuaries. In Virginia Beach, a police representative said that the city’s resolution didn’t give them “any hesitation as the Police Department is guided by the statutory mandate of the General Assembly legislation.” That’s right, the city’s own police department willfully violated the expressed intent of its own city government.
The takeaway from this situation is that, just like when you’re forming a contract, no matter what you’re promised by the government, it better be in writing, and it better be legally enforceable.
ATF arbitrarily reclassifies the Q Honey Badger from pistol to short barrel rifle
Earlier this week the ATF issued a cease and desist letter to Q, producer of the Honey Badger AR pistol or at least what we’d always been led by the ATF to believe was a pistol under the National Firearms Act. The ATF’s argument was that the Honey Badger was designed to be used as a rifle, which simply isn’t true; Q’s Honey Badger makes use of a pistol brace, just like a myriad of other AR pistol designs. If the Honey Badger can be this easily reclassified, the owners of other AR pistols should be quite concerned. In fact, I mentioned earlier this year that Representative Matt Gaetz called out the ATF for plotting a pistol brace ban; is this the beginning?
Further, why aren’t we talking about the fact that regulation of SBRs and SBSs is entirely idiotic? They were only regulated because the NFA was intended originally to heavily restrict handguns. Over time, handguns were pulled from the Act, but the provisions to prevent people from “getting around” the handgun ban by making concealable weapons from long guns stayed. The entire discussion is based on a law designed to prevent an end-run around a ban that never existed.
As we explained in our official response to this grievous abuse of government power, the executive branch has limits; namely, it was never intended to rewrite the laws of Congress. Things cannot and should not pop in and out of legality without the passage or repeal of laws. The passage of the National Firearms Act was not only unconstitutional, but was a disaster, allowing the slow but continuous expansion of the federal government’s tentacles into what should be an unrestricted right to keep and bear arms. Not only is the ATF wrong on this classification, the Congress was wrong to have formed the ATF.
Swalwell is up to no good…again
Eric Swalwell is writing op-eds again. His position? “All Americans will be safer if our communities are once and for all free from weapons of war.”
Funny, we keep hearing the same thing coming from Joe Biden. Of course this argument is made entirely in bad faith. Swalwell is best known in the gun community as a walking meme – the man who threatened to nuke us.
In the op-ed, the flatulent Congressman talks about his assault weapons ban legislation, which exempts the police. For someone who allegedly wants Americans to be safe from “weapons of war”, it’s odd that he wants the police to have them out on the streets. At least he’s consistent in expressing his love for tyranny.
North Carolina appellate court explains how grenades work
On Tuesday the North Carolina Court of Appeals issued a pretty interesting opinion, vacating a criminal sentence and remanding the case to the lower court for a new trial. The issue? The defendant was pulled over by the police and his vehicle was searched. During the search, police recovered three flash bang grenades.
For some reason, the lower court determined that the flash bangs were “weapons of mass death and destruction,” and the man was convicted for their possession.
I don’t know the extent of your exposure to grenades or explosives, but flash bangs are quite clearly not WMDs. They’re obviously intended only to be used to temporarily blind and disorient hostile individuals. After all, if they really were WMDs, then why do the police get to use them on civilians?
NFL player’s felony gun charges dropped
In a turn of good news, Defensive End Quinnen Williams of the New York Jets is free and clear of two felony gun charges that resulted from his trip through La Guardia airport back in March of this year. Williams was facing charges for possession of an unlicensed handgun which was in his luggage at the airport.
While I support the District Attorney’s decision to drop the charges, I have to point out that at first glance, this was almost certainly only done because of Williams’ status as a prominent professional athlete. If only the state had the decency to drop similar charges that it’s brought against hundreds of people who have passed through New York City’s airports.
2A/4A case relisted by the Supreme Court
On Monday the Supreme Court relisted a case called Rodriguez v. City of San Jose. What this means is that the high court will reconsider hearing it over the next term. In this case the government was placing a man on a mental health hold and while doing so, entered his home and seized his firearms and related property. This was despite the man’s wife telling the police that she wanted to maintain possession of the property while he was in custody.
After his release the couple petitioned the city for the return of the property, which of course they refused.
This case is important because the Supreme Court’s say on the matter will have an impact on the future of red flag laws and the right of the government to enter homes and seize property. It’s also interesting that the Court relisted it, probably in anticipation of Justice Barrett assuming the ninth seat soon.
If you would like to read the brief for the case, you can click here.
Straight ticket vote (R), easy peasy.
I wish there were Democrats that worth a damn to vote for. The Republicans are no true fan of any enumerated right. But the Dems are just so much worse.
Why can’t I have more than 10 rounds? I need a gun to protect my family, the ATF said I could have it now they say I cannot, it’s the Republicans they not concerned, yada, yada, yada.
It should be obvious by now that tit for tat arguments with Gun Control Zealots fall on deaf ears. Until Gun Control is seen across America as a despicable agenda rooted in racism and genocide a racist and nazi based agenda in America will continue until there is no Second Amendment. Remember where you heard it.
TRUMP/PENCE 2020.
Dog. I’ve said it before. I have no love for Trump. But I’ll vote for him again.
The alternative to Trump is too terrible to think about.
If you’ve voted for someone else in the primaries you’ve already done all you can. You vote for your party’s candidate no matter who that is, that’s just how our republic works. It’s in the primaries that you try to make that candidate YOUR candidate.
As for the last several decades, voting is a case of voting for the lesser of two evils. I didn’t vote for Trump in 2016, but I sure as Hell voted against Hillary. (No I didn’t waste my vote on a third party.)
Wow a National Felon League player got off😃 Amazing ain’t it?!? Ummm…why the delay in reporting on the so-called plot to kidnap Michigan’s govergal??? What a load of guano😕😕😕
Re the reporting on the Michigantics, on a guess trying to stop laughing first. Having read some of the transcripts that have been published … it sure seems like a study in how not to plot such a thing.
When the Feral Bureau of Instigation plots a crime, it’s supposed to fail.
They are usually pretty good at stopping the crimes that they instigate.
Actual crime that they weren’t involved with planning, they have a much worse record with.
Sometimes instigation gets away from them though.
https://en.wikipedia.org/wiki/16th_Street_Baptist_Church_bombing
https://en.wikipedia.org/wiki/Curtis_Culwell_Center_attack
Those guys were on stand-by. So not worth talking about. The plan was to be carried out this week or next. None of them were ready for a fight and rolled over when the feds came a no-knocking.
The feds had agents inside the group setting them up like they have people on the Chans instigating mass shootings. They love to use Trump to excite his violent followers into plotting a civil war coup against Democrats. The whole boogaloo movement was started by fed posts and Russian agitators.
Republicans don’t want to talk about it because they were encouraging these men to “liberate Michigan” (as Trump ordered) and were cheering when they showed up at the capital with their long guns. Republicans didn’t mind them yelling in the cops’ faces and standing on the second floor while the politicians were on the floor. Republicans loved the photos of those men (who are now labeled terrorists).
If you lose you are a terrorist, if you win you are a patriot. America doesn’t have patriots anymore, just a bunch of loud mouth fanboys. The former military guys that attacked the government were considered terrorists by the Republicans. Now the Democrats are returning the favor to the boogaloo crew.
If anyone is still rocking the boogaloo BS, you are being watched and feds are going to try to get you to rebel. Civil war talk is considered terrorism more important to the government than Islam and Antifa. Those arrested had all their posts archived and used against them.
Gee, I wonder why it’s considered worse by the government?
Come and take them.
“Republicans don’t want to talk about it because they were encouraging these men to “liberate Michigan””
There’s an update on that incident, it looks like the motivation wasn’t conservative, but actually ‘Leftist’:
“‘White Supremacist’ Narrative Unravels: Whitmer Kidnap Suspect Attended BLM Rally, Another Called Trump A ‘Tyrant'”
“One of alleged plotters, 23-year-old Daniel Harris, attended a Black Lives Matter protest in June, telling the Oakland County Times he was upset about the killing of George Floyd and police violence.”
https://www.zerohedge.com/political/white-supremacist-narrative-unravels-whitmer-kidnap-suspect-attended-blm-rally-another
“
chief censor is trying the old switcharoo. He’s trying to plant fear in the patriots and convince them they’re all compromised.
He, enuf and miner are just not very good at their jobs.
That so-called right winger had a youtube video that said Trump isn’t your friend with an anarchy flag on the wall in the background. Chief is a Biden voter that pretends to be non-partisan.
“chief censor is trying the old switcharoo. He’s trying to plant fear in the patriots and convince them they’re all compromised.
He, enuf and miner are just not very good at their jobs.”
Ding ding ding ding ding ding ding, bingo, yahtzee, we have a winner! What do we have for him Johnny?
These guys BS, AND their lame ass spin has been sub-par for the last few weeks.
Leftards lost their mojo, and soon will lose the election too.
Trump/Pence 2020, no BS, no lame ass spin, and mojo to spare!
The feds always have a spy in any militia if it’s outside your circle of friends. Evidently the 1994 war on guns has not taught anyone anything.
It used to be that some Democrats were pro-gun, but Bloomberg’s money has stopped that. Democrats will not support a true pro-gun Democrat on the National Stage. Look at the Governor of Montana he has vetoed several pro-gun bills and if elected to the Senate he will vote with Bloomberg. Sure he may not be Diane Feinstein, but he is not a true friend of the Second Amendment.
Young Democrats are quickly becoming pro gun. Well, pro legal gun ownership and carry. Black America has been pro gun for a long time, but they didn’t follow the gun control infringements.
The Democrat politicians see this and are keeping the gun control talk under the table. I haven’t heard any gun control questions being asked to Democrats at the debates.
Unfortunately, a lot of the new Trump liberal Republicans are for gun control. For instance, they are calling Breonna Taylor and her boyfriend criminals because they took pictures with their legal guns and the boyfriend should be arrested for buying a gun through a private sale. The cops saw those pictures and tried to use the picture of Breonna with an AR to claim she shot at the cops. A lot of Republicans are still claiming it’s okay for no-knocks, it’s fine Breonna got murdered and the boyfriend should be arrested for protecting the castle.
There is no way Republicans can win behaving in that fashion. They will lose and they will have a very hard time ever winning again. The entire country will become California.
https://www.youtube.com/watch?v=sSehS2Jphcc
“A lot of Republicans are still claiming it’s okay for no-knocks, it’s fine Breonna got murdered”
Yeah, that’s precisely why a republican senator introduced the Justice for Breonna Taylor Act, right? You’ll say anything. Your world view is the same as Miner’s. “Republicans bad!”
Please don’t feed the trolls. They are just like stray cats, if you feed them the next thiing you know you will be knee deep in un-nutered cats stinking up the place. If you respond to a troll you just encourage them.
Aren’t you just a ray of sunshine?
WTF CC!
MORE lame ass spin!
This is just getting pathetic.
Trump/Pence 2020! ZERO % pathetic loser spin!
Do you even proof read your bullshit? You actually believe this shit? Man, you and miner49er are fucking insane.
Yea… shut the fuck up.
Blacks don’t follow laws….. you kid?…..
You truly are a fkn POS …..GTFO of here you pu$$y mfkr…. everyone here reads the drivel you post and laughs….. And if $hit gets real WE WILL HAVE THE LAST LAUGH…. And I promise, YOU WON’T BE LAUGHING….
speak for yourself.
I can speak for California and almost every Democrat is an anti-gunner. Some Republicans are anti-gun, but the Democrats in Sacramento are almost 100% anti-gun. If you can believe it Jerry Brown was a lot less anti-gun than these Democratic Socialist we have in Sacramento. He vetoed a few extreme gun bills and one that would of basically outlawed all semi-auto rifles. Newsome is the Gun Controller in Chief and has not met a gun control bill he does not like. So a few Republicans are not pure Second Amendment believers. We still need to vote straight Republican until the Democrats show that they are not in Bloomberg’s pocket.
There are a lot of registered Democrats that are pro gun, but we have to hope they won’t vote that ticket. I haven’t voted Dem on anything since before Bill Clinton(I knew he was a sleeze), but I am still registered Dem. I can’t really vote a Republican ticket, they do not have the working man’s needs in their ticket, until Trump. Trump is like Teddy Roosevelt, Teddy broke up the robber barons and other monopolies and was hated by the party for that. Trump is not really a Republican, he is almost an old style Democrat, without the hood and burning crosses. He wants the working to produce, America to get stronger and to tax those that import trashy goods and sell them to the American public – not employing and American workers. He also wants the factories to pay a living wage for the worker, without depending on the government to pick up the slack, like medical and them needing food stamps.
What an idea, workers earning their living at a job that pays them to raise their family.
Attention the TTAG legal Corps –
Could ‘Rodriguez v. City of San Jose’ be a good case to determine the constitutionality of ‘red flag orders’ in general?
Potentially, but I don’t think so.
The conservative side of the court moves incrementally, not in big leaps — that goes with the territory of believing that judges should not make law but only rule on the cases in front of them. One of the critical parts of that judicial philosophy is that you do not make constitutional rulings when there is a non-constitutional way to resolve the case, and when you do have to rule on constitutionality, you do so in the narrowest fashion.
There are all sorts of ways that the Court could deal with Rodriguez, but jumping straight to the constitutionality of red flag laws would skip a lot of steps. I do not see any members of the pro-2A wing of the Court willing to abandon their core judicial philosophy to do so.
Yes, it is frustrating that our side plays by the rules, but the other side feels free to make them up on the fly as suits their mood. But it is what it is.
If one reads the brief, if should be crystal clear that the 9th district in California is making decisions based on agendas and predetermined decisions relative to the opinions of the judges while at the same time ignoring the law and the constitution which they all swore to uphold. It would have been interesting indeed if Mrs Rodriguez had refused to open the safe until the police had a valid warrant. There was no emergency and no reason to seize any weapons at that time especially weapons owned by Mrs Rodriguez.
The brief reads like a nightmare. Even after Mrs Rodriguez complied with the court’s orders the city refused to return the guns. This case has been going on for years, not days, weeks or months.
Don’t get me wrong, I think Rodriguez has an excellent case that stands a good shot of being reversed, especially given the Ninth Circuit’s exceedingly cavalier opinion.
My point is that if they do take the case, the Court is extremely likely to deal with it by just holding that the Ninth Circuit applied the wrong test on the Second and Fourth Amendments, and remand for further proceedings. We can hope that in so doing they announce a new test for 2A cases (likely the “text, history, and tradition” test favored by Kavanaugh and Barrett), but I think it extremely unlikely that the Court would jump ahead to a ruling on the constitutionality of red flag laws, when that issue hasn’t been fully developed in the courts below. Supreme Court practice just does not work like that.
“…the Court is extremely likely to deal with it by just holding that the Ninth Circuit applied the wrong test on the Second and Fourth Amendments, and remand for further proceedings.”
H’mmm…
A test like declaring strict scrutiny applies to the 2A?
(I can dream, can’t I? 🙂 )
“Earlier this week the ATF issued a cease and desist letter to Q” – August 3rd??? That’s one darned long week.
Eric Swalwell…Gun Control is rooted in racism and genocide. Therefore Gun Control is a racist and nazi based agenda. Apologize you ignorant slut.
For awhile- largely before the ATF said it’s okay to shoulder them as long as they’re not ‘designed’ to be shouldered- companies and marketers were careful with braces. They showed them being used as braces in demonstrations. Shooters on youtube avoided doing anything that could bring ATF attention. But then everyone, including the companies that made them, stopped pretending with a wink and made it obvious what these braces are being sold and used for. We have met the enemy and they are us.
“Further, why aren’t we talking about the fact that regulation of SBRs and SBSs is entirely idiotic?”
We can talk about it but we all agree. The question is, how do we get rid of it? The democrats obviously have no interest in it. And as 2016 proves, neither does the GOP. Why would they? They’ve got your votes anyway.
SBRs were restricted because the cops didn’t want Americans to have rifles small enough to be usable in a vehicle. They want guns to be long, low energy and low capacity. The police don’t want to wear plates for traffic stops. Also, SBRs are small enough to fit in a man’s pants. The police will not allow them to be treated like non restricted guns.
The last thing cops and politicians want is Americans carrying around SBRs with 30 round mags.
lol wut? You can fit an SBR with a 30 round mag in your pants?
Do you even know wtf an SBR is?
Must wear some mighty big pants .
Is that a SBR in your pocket or are you really, really, really happy to see me.
Wow, try the NFA. They were planning on banning handguns, so they needed to put in legislation to keep people from sawing down rifles and shotguns.
Paul Ryan was our worst frenemy. When he had the Speakership he did not let any meaningful pro-gun bills pass. He is part of the swamp that wants to get rid of Trump and would rather have a socialist as a shadow President than Trump.
Pistol brace ban, no pistol brace ban… doesn’t matter.
If you don’t know where you stand by now, you might as well bend the knee to whoever keeps your power on and your smart phone getting signal. Democrat, Republican, Independant. Doesn’t matter. All you pussies scared because the fed bois took an internet joke called “boogaloo” seriously were never going to fight for freedom to begin with. No amount of bumper stickers will help you. Sanctuary cities or not, if you comply with one more gun infringement you are a traitor and a coward.
Pistol brace ban, no pistol brace ban… doesn’t matter.
If you don’t know where you stand by now, you might as well bend the knee to whoever keeps your power on and your smart phone getting signal. Democrat, Republican, Independant. Doesn’t matter. Some of you are scared because the fed bois took an internet joke called “boogaloo” seriously were never going to fight for freedom to begin with. No amount of bumper stickers will help you. Sanctuary cities or not, if you comply with one more gun infringement you are a traitor and a coward.
Dyyy-noooo-miiiite = Boom, there goes the…
Infringement’s upon are high crimes, and should be prosecuted in all definitions of the term, as such.
In short:—-/
“””FREE KYLE””” &
Nobody’s taking any of my shit without a problem…
send all the creeps you don’t like first, I’ll help you clear out your rank & file…
Only fool here is you, FOOL!
Trump/Pence 2020 loser. Enjoy the TDS next month FOOL!
unpopular opinion: When manufacturers started making ‘collapsible braces’ that are obviously meant to be shouldered they were asking for this.
Asking for it? By your logic, you either comply or… What? Comply? Some people just can’t adapt and overcome I guess… That’s like saying “you invented the internet so you deserve to be spied on”.
ATF has steadfastly refused to issue guidance re what is acceptable and what is not re pistol brace design and construction. They’ve been asked, the response has been “we know it when we see it.”
It’s be like saying, for instance, rifle barrels can’t be too short or it’s an SBR. How short? Eh, we’ll know it when we see it. Instead, no, there’s a specific length, procedure for measuring it, and a fairly well defined list of what counts (e.g. pinned and welded flash hider) and what doesn’t (threaded on flash hider) towards the length.
Without clear rules … this is on ATF, not the companies.
A totally worse in this case, as the ATF has provided guidance saying that braces which are similar are OK, even if they are incidentally shouldered, and now are not standing by that guidance.
*BREAKING*
This could well be a start of something ugly :
Denver, Co. –
“”Right In The F*ckin’ Dome”: Leftists Celebrate After “Patriot Rally” Attendee Killed In Denver”
https://www.zerohedge.com/political/conservative-killed-alleged-antifa-militant-after-denver-rally
“Two men clash during a protest in Downtown Denver on Oct. 10, 2020 in Denver. The man on the left side of the photo was supporting the “Patriot Rally” and sprayed mace at the man on the right side of the image. The man at right, then shot and killed the protester at left.”
https://www.denverpost.com/2020/10/10/denver-protests-saturday-civic-center-park/
From the Denver Post comment section :
“Watch the videos–this murderer was in a shoving match, telling the victim to mace him “mace me bro, mace me” –so the victim did.
This nice man paid with his life.”
https://www.denverpost.com/2020/10/10/denver-protests-saturday-civic-center-park/
Shooter has an Antifa-related “Space Invaders Against Racism” tattoo on his arm :
https://twitter.com/Apistevist1/status/1315141202602123264?ref_src=twsrc%5Etfw%7Ctwcamp%5Etweetembed%7Ctwterm%5E1315141202602123264%7Ctwgr%5Eshare_3&ref_url=https%3A%2F%2Fwww.zerohedge.com%2Fpolitical%2Fconservative-killed-alleged-antifa-militant-after-denver-rally
Well?, how would you describe the tattoo on the shooters wrist?
“After all, if they really were WMDs, then why do the police get to use them on civilians?”
Police are civilians. No, they should not be allowed to use flashbangs on citizens in the course of “law enforcement”. We have had at least two children suffer major burns because of these incendiary devices. Their use by government employees must be curtailed.
The safety of citizens is more important than the safety of government employees.
“Paying the fine, or the tax.” More like an extortion fee. You have to pay $200 otherwise men with guns will come into your home and kidnap you and lock you up in a cage, all while stealing more money from you. Our gov. Has a monopoly on violence and they’ve brainwashed American citizens into supporting them.
Just waiting for the asinine ATF to forbid MY existence, just because of my last name.
ABOLISH THE ATF NOW!!!!
And then, we can deal with the IRS…
Well duh, “Are we learning anything yet?”. What ever was banned by the Bill Clinton administration will be banned again. Doesn’t matter what political party is in office. Personally I do not know how the Shockwave passed through. These “legal” illegal gunms will be banned. …thank you Paddock, the President, and the Supreme Court. “Are we learning anything yet?”
Repeal the NFA, Hughes Amendment, and GCA!
The man yelling mace me mace a is different one from the shooter.
He was there, he was close but he didn’t fire the shot.
Pistol Brace Ban? How is that even possible? I mean, isn’t Trump President? Doesn’t he love us and after we spent $30,000,000 in NRA bucks to get him his job isn’t he loyal to us like no President has ever been?
Surely ya’ll must have misread or misheard something in the news. Strong and Bigly Second Amendment guy Trump would never permit his flunkies at the ATF to expand gun control and impose bans of their own invention!
Next thing you know you folks will be saying Trump is banning bump stocks or some other silly assed thing a real President Of The Gun People would never, ever in bajillion years do.
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