Gun Control 2022 (IV) - Gun Rights, Control, & Government

[Aclion]

Well hughes has two problems with it, it's effectively a ban and it's passage was tainted by fraud.

[Novus America]

Well hughes has two problems with it, it's effectively a ban and it's passage was tainted by fraud.

Definitely a good argument. I could definitely see Hughes getting struck down, but I could also see it surviving.
I am not sure how that would turn out.

Although I am more concerned about killing AWBs and “May Issue”, which I definitely think we have a very good chance at doing.

Happy switches are fun, but not terribly useful for most applications.

[Pax Nerdvana]

I know it's a pipe dream, but I want to see an end to the NFA, and every other gun control law.

[Grinning Dragon]

Well this just happened.
Pennsylvania Superior Court Rules the PLCAA is Unconstitutional
Give it a read, and see the bizarre judge's convoluted noddle cooking. Since this is coming from a state court the judge can't strike down the PLCAA as it would need to go before a federal court, which I am certain it would make it's way to the USSC and the PLCAA would be upheld.

[The Two Jerseys]

Well this just happened.
Pennsylvania Superior Court Rules the PLCAA is Unconstitutional
Give it a read, and see the bizarre judge's convoluted noddle cooking. Since this is coming from a state court the judge can't strike down the PLCAA as it would need to go before a federal court, which I am certain it would make it's way to the USSC and the PLCAA would be upheld.

We should remove immunity for judges and make them personally liable for their actions in court.

Judge lets a criminal out of jail and they go kill someone? Slap the judge with a wrongful death suit!
Judge rules against you? Sue them for "emotional distress"!

Watch how fast they change their tune then.

[Major-Tom]

Well this just happened.
Pennsylvania Superior Court Rules the PLCAA is Unconstitutional
Give it a read, and see the bizarre judge's convoluted noddle cooking. Since this is coming from a state court the judge can't strike down the PLCAA as it would need to go before a federal court, which I am certain it would make it's way to the USSC and the PLCAA would be upheld.

Wait what? They ruled it unconstitutional because of an alleged design flaw in a singular instance?

There's gotta be more to the story than that, the judge couldn't have been that transparently obtuse in his argument there. I mean, he could've, but wow.

[Telconi]

Well this just happened.
Pennsylvania Superior Court Rules the PLCAA is Unconstitutional
Give it a read, and see the bizarre judge's convoluted noddle cooking. Since this is coming from a state court the judge can't strike down the PLCAA as it would need to go before a federal court, which I am certain it would make it's way to the USSC and the PLCAA would be upheld.

Wait what? They ruled it unconstitutional because of an alleged design flaw in a singular instance?

There's gotta be more to the story than that, the judge couldn't have been that transparently obtuse in his argument there. I mean, he could've, but wow.

Let me be the first to welcome you to The United States of America, Tom. Glad to have you!

[Nobel Hobos 2]

Wait what? They ruled it unconstitutional because of an alleged design flaw in a singular instance?

There's gotta be more to the story than that, the judge couldn't have been that transparently obtuse in his argument there. I mean, he could've, but wow.

Let me be the first to welcome you to The United States of America, Tom. Glad to have you!

Welcome to the United States of America, where citizens are free to judge judges based on a single recount by a person whose name is Carl Bussjaeger, because law is easy and who needs to listen to the judge?

"I dissent. This is unconstitutional. Judges don't know shit!"

Home of the free! Where free speech is so free it doesn't cost a second thought!

[Novus America]

Let me be the first to welcome you to The United States of America, Tom. Glad to have you!

Welcome to the United States of America, where citizens are free to judge judges based on a single recount by a person whose name is Carl Bussjaeger, because law is easy and who needs to listen to the judge?

"I dissent. This is unconstitutional. Judges don't know shit!"

Home of the free! Where free speech is so free it doesn't cost a second thought!

Appeal to Authority fallacy is fallacious.
Try again,
There are judges who are extremely politicized and make bad decisions.
If you think this decision is correct, you are going to have to defend it on better grounds than just “listen to the judge”.

Not that this ruling should have any real impact.
An intermediate state court cannot unilaterally change federal law.

[Galloism]

Let me be the first to welcome you to The United States of America, Tom. Glad to have you!

Welcome to the United States of America, where citizens are free to judge judges based on a single recount by a person whose name is Carl Bussjaeger, because law is easy and who needs to listen to the judge?

"I dissent. This is unconstitutional. Judges don't know shit!"

Home of the free! Where free speech is so free it doesn't cost a second thought!

This opinion isn’t actually that far out there. He goes a little bit into the slippery slope fallacy, but it’s not bad.

He’s essentially arguing that tort reform in state court isn’t covered by the commerce clause. Thus it’s a violation of state separation of powers.

[Grinning Dragon]

Welcome to the United States of America, where citizens are free to judge judges based on a single recount by a person whose name is Carl Bussjaeger, because law is easy and who needs to listen to the judge?

"I dissent. This is unconstitutional. Judges don't know shit!"

Home of the free! Where free speech is so free it doesn't cost a second thought!

This opinion isn’t actually that far out there. He goes a little bit into the slippery slope fallacy, but it’s not bad.

He’s essentially arguing that tort reform in state court isn’t covered by the commerce clause. Thus it’s a violation of state separation of powers.

I am assuming you are referring to this part of his ruling?

If Congress can declare, as it did in Section 7901 of the PLCAA, that filing a petition or complaint in a state court to vindicate state rights substantially burdens interstate commerce, then what remains for the States to govern under the Tenth Amendment? Reforming the judicial systems of the States from top to bottom in such a manner goes far afield from the enumerated, limited powers of Congress. This is definitely not the vision that Hamilton, Madison, and the other Founders had in mind when they authored the Constitution. The Federal Government’s claim that filing a state lawsuit, based on a state tort, which arose within the boundaries of that state, is private conduct rising to the level of interstate commerce must fail. The Commerce Clause simply does not stretch that far, and the Tenth Amendment forbids it.

This part I can agree with, this part here indicates that federal gun control laws are invalidated under the 10th Amendment and by doing so and without realizing it, tossing out incorporation.


The AG of california is at it again, this time he wants the courts to overrule the BATFe(ARBF) and basically wants them to legislate from the bench and change federal law on what defines what is and what is not a firearm.
California Attorney General Sues the ATF Over Sales of ‘Ghost Guns’
The BATFe(ARBF) is going by what congress has defined. It isn't a loophole, as it is defined in federal law on home built firearms. A part is NOT a firearm.

“If you can assemble Ikea furniture you can probably assemble a ghost gun. And you can probably do it faster,” said Hannah Shearer, litigation director of the nonprofit legal organization Giffords Law Center.

Shearer, who is co-counsel in the lawsuit, said state gun laws have been undermined by the ATF’s refusal to treat the parts used to build homemade guns as firearms. This allows “unscrupulous” DIY firearm sellers to flood the gun market.

“The ATF has specifically exempted them from the federal definition of a firearm, meaning federal gun laws don’t apply to them. As a result, people can order and build these guns without passing background check or even verifying their age,” she said. “This has opened the biggest loophole you can imagine in our federal and state gun laws.”

[The Two Jerseys]

The AG of california is at it again, this time he wants the courts to overrule the BATFe(ARBF) and basically wants them to legislate from the bench and change federal law on what defines what is and what is not a firearm.
California Attorney General Sues the ATF Over Sales of ‘Ghost Guns’
The BATFe(ARBF) is going by what congress has defined. It isn't a loophole, as it is defined in federal law on home built firearms. A part is NOT a firearm.

“If you can assemble Ikea furniture you can probably assemble a ghost gun. And you can probably do it faster,” said Hannah Shearer, litigation director of the nonprofit legal organization Giffords Law Center.

Shearer, who is co-counsel in the lawsuit, said state gun laws have been undermined by the ATF’s refusal to treat the parts used to build homemade guns as firearms. This allows “unscrupulous” DIY firearm sellers to flood the gun market.

“The ATF has specifically exempted them from the federal definition of a firearm, meaning federal gun laws don’t apply to them. As a result, people can order and build these guns without passing background check or even verifying their age,” she said. “This has opened the biggest loophole you can imagine in our federal and state gun laws.”

So is Xavier going to go down to the DMV and pay the registration fees on four vehicles every time he gets a new set of tires?

[Telconi]

This opinion isn’t actually that far out there. He goes a little bit into the slippery slope fallacy, but it’s not bad.

He’s essentially arguing that tort reform in state court isn’t covered by the commerce clause. Thus it’s a violation of state separation of powers.

I am assuming you are referring to this part of his ruling?

If Congress can declare, as it did in Section 7901 of the PLCAA, that filing a petition or complaint in a state court to vindicate state rights substantially burdens interstate commerce, then what remains for the States to govern under the Tenth Amendment? Reforming the judicial systems of the States from top to bottom in such a manner goes far afield from the enumerated, limited powers of Congress. This is definitely not the vision that Hamilton, Madison, and the other Founders had in mind when they authored the Constitution. The Federal Government’s claim that filing a state lawsuit, based on a state tort, which arose within the boundaries of that state, is private conduct rising to the level of interstate commerce must fail. The Commerce Clause simply does not stretch that far, and the Tenth Amendment forbids it.

This part I can agree with, this part here indicates that federal gun control laws are invalidated under the 10th Amendment and by doing so and without realizing it, tossing out incorporation.


The AG of california is at it again, this time he wants the courts to overrule the BATFe(ARBF) and basically wants them to legislate from the bench and change federal law on what defines what is and what is not a firearm.
California Attorney General Sues the ATF Over Sales of ‘Ghost Guns’
The BATFe(ARBF) is going by what congress has defined. It isn't a loophole, as it is defined in federal law on home built firearms. A part is NOT a firearm.

“If you can assemble Ikea furniture you can probably assemble a ghost gun. And you can probably do it faster,” said Hannah Shearer, litigation director of the nonprofit legal organization Giffords Law Center.

Shearer, who is co-counsel in the lawsuit, said state gun laws have been undermined by the ATF’s refusal to treat the parts used to build homemade guns as firearms. This allows “unscrupulous” DIY firearm sellers to flood the gun market.

“The ATF has specifically exempted them from the federal definition of a firearm, meaning federal gun laws don’t apply to them. As a result, people can order and build these guns without passing background check or even verifying their age,” she said. “This has opened the biggest loophole you can imagine in our federal and state gun laws.”

That's bull, I cant assemble IKEA furniture.

[The Two Jerseys]

I am assuming you are referring to this part of his ruling?

This part I can agree with, this part here indicates that federal gun control laws are invalidated under the 10th Amendment and by doing so and without realizing it, tossing out incorporation.


The AG of california is at it again, this time he wants the courts to overrule the BATFe(ARBF) and basically wants them to legislate from the bench and change federal law on what defines what is and what is not a firearm.
California Attorney General Sues the ATF Over Sales of ‘Ghost Guns’
The BATFe(ARBF) is going by what congress has defined. It isn't a loophole, as it is defined in federal law on home built firearms. A part is NOT a firearm.

That's bull, I cant assemble IKEA furniture.

I've assembled IKEA furniture, I don't recall any milling and/or drilling being involved...

[The Chuck]

That's bull, I cant assemble IKEA furniture.

I've assembled IKEA furniture, I don't recall any milling and/or drilling being involved...

I've assembled furniture from a lovely company called "Larue". It involved pins, springs, and a bit of mild frustration.

[Gun Manufacturers]

Rupp v Becerra (dealing with the CA assault weapons ban) is moving forward and getting viewed by three judges, two of whom are Trump appointees. With Barrett getting on the bench next month this is looking better and better.

It is my fervent wish that all awb are struck down, then on to striking down hughes and the nfa.

You forgot about the mag bans.

[Pax Nerdvana]

This opinion isn’t actually that far out there. He goes a little bit into the slippery slope fallacy, but it’s not bad.

He’s essentially arguing that tort reform in state court isn’t covered by the commerce clause. Thus it’s a violation of state separation of powers.

I am assuming you are referring to this part of his ruling?

If Congress can declare, as it did in Section 7901 of the PLCAA, that filing a petition or complaint in a state court to vindicate state rights substantially burdens interstate commerce, then what remains for the States to govern under the Tenth Amendment? Reforming the judicial systems of the States from top to bottom in such a manner goes far afield from the enumerated, limited powers of Congress. This is definitely not the vision that Hamilton, Madison, and the other Founders had in mind when they authored the Constitution. The Federal Government’s claim that filing a state lawsuit, based on a state tort, which arose within the boundaries of that state, is private conduct rising to the level of interstate commerce must fail. The Commerce Clause simply does not stretch that far, and the Tenth Amendment forbids it.

This part I can agree with, this part here indicates that federal gun control laws are invalidated under the 10th Amendment and by doing so and without realizing it, tossing out incorporation.


The AG of california is at it again, this time he wants the courts to overrule the BATFe(ARBF) and basically wants them to legislate from the bench and change federal law on what defines what is and what is not a firearm.
California Attorney General Sues the ATF Over Sales of ‘Ghost Guns’
The BATFe(ARBF) is going by what congress has defined. It isn't a loophole, as it is defined in federal law on home built firearms. A part is NOT a firearm.

“If you can assemble Ikea furniture you can probably assemble a ghost gun. And you can probably do it faster,” said Hannah Shearer, litigation director of the nonprofit legal organization Giffords Law Center.

Shearer, who is co-counsel in the lawsuit, said state gun laws have been undermined by the ATF’s refusal to treat the parts used to build homemade guns as firearms. This allows “unscrupulous” DIY firearm sellers to flood the gun market.

“The ATF has specifically exempted them from the federal definition of a firearm, meaning federal gun laws don’t apply to them. As a result, people can order and build these guns without passing background check or even verifying their age,” she said. “This has opened the biggest loophole you can imagine in our federal and state gun laws.”

I'd like to point out to this grabber that you don't even need actual gun parts to make a gun. I could build one using stuff from Home Depot and Harbor Freight.

[Grinning Dragon]

City of Los Angeles Ordered to Pay NRA $150,000 in 1st Amendment Suit
City of L.A ordered to pay NRA $150K on 1st Amendment grounds.

“In this case, the text of the Ordinance, the Ordinance’s legislative history, and the concurrent public statements made by the Ordinance’s primary legislative sponsor evince a strong intent to suppress the speech of the NRA,” [Judge Stephen] Wilson ruled in December. “Even though the Ordinance only forces disclosure of activity that may not be expressive, the clear purpose of the disclosure is to undermine the NRA’s explicitly political speech.”

The NRA filed suit against the ordinance shortly after it was implemented in April 2019. Amy Hunter, a spokeswoman for the NRA, told the Washington Free Beacon the rulings prove the city unfairly targeted the group because of its advocacy.

“Violations of any constitutional rights by government officials should carry consequences,” she said. “The courts have rightfully imposed those consequences upon Los Angeles. The NRA will continue our fight and, as always, work to hold politicians accountable.”

I believe the NRA has a similar suit against NY, this ruling should pad their suit against NY?

[Hurtful Thoughts]

Seems the NRA leadership has found its dentures and is using super-polygrip this time.

[Washington Resistance Army]

Fully a third of the counties in the US have become 2A sanctuaries and will not comply with or enforce further gun laws.

[Pax Nerdvana]

Fully a third of the counties in the US have become 2A sanctuaries and will not comply with or enforce further gun laws.

Now for the other 2/3...

[Sepulcrisur]

Gun control should not be so strict...

I honestly think that people need more open access to guns, especially in other countries. We should have open access to guns such as handguns, hunting rifles and semi automatics, but maybe automatics should be regulated with a gun license so that it doesn’t get out of hand.

[The Chuck]

ATF just issued a Cease & Desist to Q LLC due to them making the Honey Badger pistol, etc. Thoughts folks? https://www.thefirearmblog.com/blog/202 ... -pistol-2/

[Washington Resistance Army]

ATF just issued a Cease & Desist to Q LLC due to them making the Honey Badger pistol, etc. Thoughts folks? https://www.thefirearmblog.com/blog/202 ... -pistol-2/

Entirely the mfg's fault. Everyone both in the ATF and industry knows that AR pistols are just an NFA work around but as long as you keep appearances up they'll let it slide. Q, however, did not keep appearances up. They explicitly stated on their site that the Honey Badger had a stock whereas pistols are supposed to have braces, thus under existing rules and regulations it ceased to be a pistol and became an SBR.

Tl;dr don't let interns who don't know all the obscure little bits of industry knowledge write things publicly.

[Grinning Dragon]

ATF just issued a Cease & Desist to Q LLC due to them making the Honey Badger pistol, etc. Thoughts folks? https://www.thefirearmblog.com/blog/202 ... -pistol-2/

Entirely the mfg's fault. Everyone both in the ATF and NFA knows that AR pistols are just an NFA work around but as long as you keep appearances up they'll let it slide. Q, however, did not keep appearances up. They explicitly stated on their site that the Honey Badger had a stock whereas pistols are supposed to have braces, thus under existing rules and regulations it ceased to be a pistol and became an SBR.

Tl;dr don't let interns who don't know all the obscure little bits of industry knowledge write things publicly.

Colion Noir, has an interview with both Q and SB tactical.
Point is the BATFe(ARBF) is making up the rules as they go again. BATFe(ARBF) really needs to be disbanded.