Controller Arguments for AWB Cases
BY Herschel Smith6 months, 3 weeks ago
Remember. They hate you.
If we’re waiting on the SCOTUS to do the right thing, I think we all may be very disappointed.
Remember. They hate you.
If we’re waiting on the SCOTUS to do the right thing, I think we all may be very disappointed.
Excellent detail is provided in this post.
They’re Coming for Your AR’s and Standard Capacity Magazines
The Chicago Sun Times reported yesterday that the Democratic caucus of the Illinois General Assembly (ILGA) plans to bring forward an “assault weapons” ban during the lame duck session in January. The text of the proposed bill* was released later and it should horrify any gun owner. The bill is facially unconstitutional, and we are planning the court challenges. *focus on the strike-through and underlined text at that link, everything else is current law.
Major trouble areas of the bill:
- State-wide registry of all currently owned “Assault Weapons”
- Ban on sales of “Assault Weapons”
- Ban on sale and possession of all (long gun and hand gun) magazines holding more than 10 rounds
- Raise the age for FOID eligibility to 21
- Firearm Restraining Orders extend from the current 6 to 12 months
This bill has an immediate effective date, as soon as the Governor signs it.
H/T @BankerWeimar
Nearly every person in my concealed carry class cited Illinois’ newly passed law that effectively legalizes crime in 2023.
(18 people total and several had come from other areas because of how booked solid classes are ahead of the law’s implementation)
— Weimar Silver Baron (@BankerWeimar) December 3, 2022
UPDATE: My oldest son points out that this is from a year ago. I asked him if that is important? He says, “The Art of War” is necessary for understanding Trump. It’s difficult to understand whether he’s serious or simply tactically owning or feigning positions. My response: Then why the red flag laws and bump stock ban?
Via Uncle, this isn’t the Onion. It’s real.
President Donald Trump raised the issue, unprompted, during a roughly hour-long televised meeting with Feinstein and other members of Congress Wednesday afternoon at the White House. “I think it’s something you have to think about,” Trump said at the gathering to discuss school safety. “It doesn’t make sense that I have to wait until I’m 21 to get a handgun but I can get this weapon at 18,” he added, referring to assault rifles.
Trump’s comments came the same day Feinstein and Arizona Republican Sen. Jeff Flake formally rolled out their bipartisan legislation to raise the minimum age for purchasing assault weapons and high capacity magazines from 18 to 21. The California Democrat, sitting directly to the president’s left at the White House meeting, interjected at one point, asking if he’d sign legislation to raise the age to 21.
Trump said he’d give it “serious thought,” even though he acknowledged the National Rifle Association opposed such a proposal. The president said he’d been “asked that question more than any other question” in the wake of the Feb. 14 mass shooting at Marjory Stoneman Douglas High School in Parkland, Florida, which killed 17 people.
He also didn’t rule out the idea of outlawing assault weapons, like the semi-automatic AR-15 rifle gunman Nikolas Cruz used to mow down students and teachers at Stoneman Douglas High. Feinstein pitched her 2017 legislation to renew the ban at the beginning of the meeting, handing Trump a copy of the bill. She was the author of the original assault weapons ban that President Bill Clinton signed into law in 1994. It expired in 2004.
Later, the president asked Sens. Pat Toomey of Pennsylvania and Joe Manchin of West Virginia if they could fold Feinstein’s legislation (and another proposal from Minnesota Democratic Sen. Amy Klobucher) into their bipartisan background checks bill. “Can you add what Amy and Dianne have, can you add them in?” Trump asked. Feinstein’s gleeful reaction, smiling widely and appearing to plead with Toomey and Manchin, immediately began circulating on Twitter.
Don’t be surprised. The “Let’s make a deal” president famously said during his campaign that “Everything is negotiable.” By that he meant everything, including recognition of your rights. We all knew that then, and we still know it today. Nothing has changed.
Trump may be just a stupid hack with Northern progressive proclivities who doesn’t understand his base. But then he could also be a Manchurian candidate for the deep state. What else would explain his nomination of Sessions for AG, his leaving Mueller, Comey and Rosenstein in positions of authority, and his support for red flag laws and the bump stock ban? Who knows except him? In any case, time is running out, and the state is evolving to an even more draconian tyranny.
There is also the support by the NRA that organization will have to answer for. Was their support just stupid, or was there some ulterior motive?
The morning after the Sandy Hook shootings, Shannon Watts, a mother of five and a former public relations executive, started a Facebook page called “One Million Moms for Gun Control.” It proved wildly popular and members quickly focused on renewing the federal ban on military style assault weapons.
“We all were outraged about the fact that this man could use an AR-15, which seemed like a military grade weapon, and go into an elementary school and wipe out 26 human beings in less than five minutes,” Watts said.
Nearly two years later, Watts works full-time as the head of the group, now named Moms Demand Action for Gun Sense in America, is a significant player in a coalition financed by former New York Mayor Michael Bloomberg. But while polls suggest a majority of Americans still support an assault weapons ban, it is no longer one of Watts’ top priorities.
“We’ve very much changed our strategy to focus on public safety measures that will save the most lives,” she told ProPublica.
It’s not just that the ban proved to be what Watts calls a “nonstarter” politically, gaining fewer votes in the Senate post-Sandy Hook than background check legislation. It was also that as Watts spoke to experts and learned more about gun violence in the United States, she realized that pushing for a ban isn’t the best way to prevent gun deaths.
A 2004 Justice Department-funded evaluation found no clear evidence that the decade-long ban saved any lives. The guns categorized as “assault weapons” had only been used in about 2 percent of gun crimes before the ban. “Should it be renewed,” the report concluded, “the ban’s effects on gun violence are likely to be small at best and perhaps too small for reliable measurement.”
With more information, Watts decided that focusing on access to guns, not types of guns, was a smarter approach. She came to the same conclusion that other gun control groups had reached even before the Sandy Hook shootings: “Ultimately,” she said, “what’s going to save the most lives are background checks.”
So in other words, we (the control freaks) lost, we were wrong, and we admit it. Or perhaps we don’t admit it so much as we have to give a reason for our “pivot” to universal background checks. But we all know why you’re interested in that.
The only way we can truly be safe and prevent further gun violence is to ban civilian ownership of all guns. That means everything. No pistols, no revolvers, no semiautomatic or automatic rifles. No bolt action. No breaking actions or falling blocks. Nothing. This is the only thing that we can possibly do to keep our children safe from both mass murder and common street violence.
Unfortunately, right now we can’t. The political will is there, but the institutions are not. Honestly, this is a good thing. If we passed a law tomorrow banning all firearms, we would have massive noncompliance. What we need to do is establish the regulatory and informational institutions first. This is how we do it. The very first thing we need is national registry. We need to know where the guns are, and who has them.
But you’ve tried that one too. You lost. And you’ll lose again, and even if you won, it wouldn’t have any more effect than does your much heralded assault weapons ban.
Because this isn’t about guns and safety and you know it. As for your pivot, bring it. ΜΟΛΩΝ ΛΑΒΕ.
A federal judge has upheld a package of strict firearms regulations that went into effect in Maryland last year.
In a 47-page opinion issued Tuesday, U.S. District Judge Catherine C. Blake said the law “seeks to address a serious risk of harm to law enforcement officers and the public from the greater power to injure and kill presented by assault weapons and large capacity magazines.”
[ … ]
Judge Blake, appointed by President Clinton, agreed with lawyers for the state, who held that assault weapons and large-capacity magazines “fall outside Second Amendment protection as dangerous and unusual arms.” She also pointed out that the plaintiffs could not produce a single example in which an assault weapon or more than 10 rounds of ammunition were “used or useful” in an instance of self-defense in Maryland.
The opinion cites statistics showing that ownership of assault weapons and large-capacity magazines is comparatively rare and yet they are “disproportionately represented in mass shootings” as well as the murders of law-enforcement personnel.
“Upon review of all the parties’ evidence, the court seriously doubts that the banned assault long guns are commonly possessed for lawful purposes, particularly self-defense in the home, which is at the core of the Second Amendment right, and is inclined to find the weapons fall outside Second Amendment protection as dangerous and unusual,” Judge Blake wrote.
These things simply aren’t true. See my mass shootings research. These incidents are primarily done with guys toting multiple firearms (usually handguns, but shotguns have also been used) and multiple magazines. Reloading is quick and easy, as mass shooters know.
Furthermore, I can point to Mr. Stephen Bayezes for an incident where an AR-15 and multiple magazines had to be used in self defense. This was South Carolina, but if the judge had turned to the pages of American Rifleman every month, she would have seen the multiple reports of people defending themselves using all sorts of firearms. There are many examples in Maryland.
But this isn’t about self defense. It’s just a continuation of the same sort of fabricated reasoning that grips our judicial system on guns. The second amendment has to do with self defense only insofar as it pertains to amelioration of tyranny.
These are scary words for collectivist judges like her. None of this matters. She won’t get any of our guns, and if you are an owner of a weapon capable of holding more than ten rounds in the magazine, keep it. If you turn it in, you are siding with the collectivists. Maryland will pay for their sins.
As I had hoped, Beretta isn’t full of windbags and liars. They are honest folk. They said they would leave Maryland, and they are.
New legislation is forcing gun manufacturing company Beretta to uproot and take their business elsewhere.
Established in 1526, Beretta holds the distinction of being the oldest active firearms manufacturer in the world. The U.S. factory is located in Accokeek, Maryland, and has been a staple of the local economy for years.
Beretta warned that stricter gun control laws would push the company outside of state lines, but that didn’t stop Maryland legislators. Jeffrey Reh, a spokesman for Beretta who also serves as the President of Stoeger Industries under Beretta, announced that the company would begrudgingly uproot and take its business elsewhere. He said, “We don’t want to do this, we’re not willing to do this, but obviously this legislation has caused us a serious level of concern within our company.”
He added that Beretta paid approximately $31 million in taxes, employs 400 people, and had invested $73 million in the business over the past several decades. Despite being such a prominent player in the local economy, Beretta was unable to prevent legislators from passing tighter gun control laws. Ironically, Beretta manufactures some firearms that are now banned in Maryland.
Good. I hope it’s painful and hard for Maryland. I hope they lose business of all kinds, and I hope they feel it right in the pocketbook. Take note of the next bit.
One legislator stated: “Other than target shooting, the only other reason [for a semi-automic firearm] would be for self-defense… [Why would you need a] rifle that accommodates 20 rounds semi-automatic for deer hunting? … It’s only very infrequently that someone commits a crime with an assault weapon – why do you need one for self-defense?”
Of course, it’s tempting to respond something like, “Well, if you weren’t such a dumb ass you would know that there have been home owners who had to use just such weapons with high capacity magazines to defend their very lives. And you know, under duress you might miss. And you know, multi-man home invasions are becoming the tactic of choice for criminals nowadays. If you weren’t a dumb ass you would know these things. Dumb ass.”
But tempting as it is, the best response is also the simplest: “I need all the high powered weapons and high capacity magazines I can get in order to hold tyrants like you accountable.”
Closer every day, inch by inch.
David Codrea links the text of the upcoming Connecticut gun law. It’s long but I read the majority of it. Taken as a whole, I must say that it seems to me to be the most restrictive gun law ever devised in American history. One particularly salient feature is the new ban on magazines (see line 998).
Except as provided in this section and section 24 of this act: (1) Any person who possesses a large capacity magazine on or after January 1, 2014, that was obtained prior to the effective date of this section shall commit an infraction and be fined not more than ninety dollars for a first offense and shall be guilty of a class D felony for any subsequent offense, and (2) any person who possesses a large capacity magazine on or after January 1, 2014, that was obtained on or after the effective date of this section shall be guilty of a class D felony.
So also with guns. Read it for yourself. So now, Connecticut gun owners. All of those magazines and many of the guns you just purchased in expectation of the upcoming ban will soon be illegal. Owning them will be a felony.
Tyrants in Connecticut have turned you from a law-abiding, upstanding citizen into a felon.
So what are you going to do about it?
Twitchy, quoting Jim Carrey:
‘Cold Dead Hand’ is abt u heartless motherf%ckers unwilling 2 bend 4 the safety of our kids.Sorry if you’re offended by the word safety! ;^}
Oh, don’t worry over me being offended Jimbo. You didn’t even come close. See, every time you wax on trying to be scholarly and serious, I just remember that you’re actually a no-talent Hollywood slapstick man who earns his living making juvenile faces.
And then presto! No more serious. Go back to your room in the Asylum Jimbo. Let the serious people talk about serious things. Practice making your silly faces, and pretend that what you think actually matters to anyone.
Our customers are unusually brand-loyal. In many cases, they personally identify with the firearm brand they choose. Although our Connecticut heritage has historically enhanced our brand, that will change overnight if we ban the modern sporting rifle.
As a result Colt, as well as other Connecticut manufacturers such as Mossberg and Stag Arms will see immediate erosion in brand strength and market share as customers migrate to manufacturers in more supportive states. This will have consequences for dozens of Connecticut companies and thousands of workers. Connecticut will have put its firearms manufacturing industry in jeopardy: one that contributes $1.7 billion annually to the state’s economy.
Like every other precision manufacturer in Connecticut, Colt is constantly approached by other states to relocate, but our roots here are deep. Colt is and always has been an integral part of a state characterized by hard work, perseverance and ingenuity.
I know, however, that someday soon, I will again be asked why we fight to keep well-paying manufacturing jobs in Connecticut. I will be asked why we should continue to manufacture in a state where the governor would make ownership of our product a felony.
I will be asked these questions and, unlike in the past, there will be few good answers.
He’s right. Some of the customer base will be faithful, but this issue runs deep, and many will abandon them. We’ve also discussed how many will abandon Remington, too, for staying in New York and focusing almost exclusively on a new military contract. It won’t work out well for Remington.
But the CEO will likely have to decide whether this is bluster or serious-speak. The State of Connecticut won’t listen to him and will probably pass their ban. When they do that, Colt will have to decide whether it is a Remington or a Magpul. The choice is theirs, and no amount of posturing in local newspapers will delay or change things.
These are serious times for a lot of people.
Spurred by the Newtown massacre, Maryland is poised to pass one of the strictest gun control laws in the country.
If Maryland does pass the legislation and Democratic Gov. Martin O’Malley does sign the bill, as is expected, one of the largest gun manufacturers in the country Beretta USA is considering a move elsewhere, taking with it approximately 400 jobs. Republican Gov. Rick Perry of Texas has already put out the welcome mat for any gun manufacturers looking to move.
Beretta claims that the law that would forbid 10-bullet magazines would make the manufacture of their 9mm 13-bullet magazine illegal in Maryland. Beretta says it moved one of its factories to Virginia the last time Maryland tightened its laws.
Such talk, however, doesn’t faze the people supporting the new legislation. They see the new law as long overdue. Even before the bill passes, the Brady Campaign to Prevent Gun Violence had ranked Maryland’s gun laws as the seventh strictest in the nation.
The new law, which will probably be passed this week, would also ban 45 assault-type weapons, set up licensing and fingerprinting of gun buyers, and ban sales to anyone who has been committed to a mental hospital.
I haven’t heard back from my inquiries to Springfield Armory or Rock River Arms, and Kimber and Remington (in New York) are playing coy right now. But I have a feeling that Beretta will put their money where there mouth is. Beretta is [rightfully] concerned about public reaction to this outrage. The American civilian gun market is more powerful and wealthy by a long shot than police or defense contracts, and gun owners rarely forgive and never forget. Just ask Smith and Wesson about the boycott that just about killed their company.
My message to Maryland? Bring it. Bring on the bans, let Beretta move and take 400+ jobs with them, and let gun owners like me work hard the rest of our lives to avoid doing business with Maryland ever again or even driving through Maryland.
Consequences are the best educational tool in the world. Some people never learn that lesson as children.
Prior:
Firearms Manufacturers Boycott Anti-Gun States