On September 23, 2022, Judge Maryellen Noreika issued a preliminary injunction against Delaware in the case of Rigby v Jennings. The case is about whether the State of Delaware can outlaw homemade guns and the distribution of materials and software to make homemade guns.
*gasp* Ghost Guns!
The decision is a win for supporters of Constitutional rights but has some troubling verbiage. Judge Maryellen Noreika was appointed by President Trump in 2018.
Judge Noreika relies on the “Final Rule” from the ATF, which is under dispute in several cases, as to what is a “firearm.” Further arguments fall apart if the definition of a firearm reverts to the decades-old definition.
Judge Noreika then makes a claim, supported by a Colorado case, that if a commercial transaction may be regulated, then all transactions may be regulated. Footnote 11, p. 11:
Sections 1459(a) and 1463(b) do not solely target commercial transactions. There is no reason to believe, however, that the non-commercial character of a transaction changes the analysis. See Colorado Outfitters Ass’n v. Hickenlooper, 24 F. Supp. 3d 1050, 1074 (D. Colo. 2014) (“Logically, if the government can lawfully regulate the ability of persons to obtain firearms from commercial dealers, that same power to regulate should extend to non-commercial transactions.”),vacated on other grounds and remanded, 823 F.3d 537 (10th Cir. 2016).
This is a jump of logic and directly against the dicta in Heller, which states the Second Amendment allows:
“laws imposing conditions and qualifications on the commercial sale of arms.”
There must be a differentiation between the commercial sale of arms and non-commercial transactions, or the above statement is nonsensical.
Somebody is going to tell us about an acre of wheat grown for private use that “could be” sold out of state.
Here are the TEN gun control provisions hidden in the FY 2023 Commerce, Justice, Science Appropriations bill:
1. Massive ATF Budget Increase to Facilitate Biden’s Pistol Ban
2. Gun Registration Funding
3. Gun Confiscation Law Funding
4. Financial Benefits for Families of Deceased ATF Agents Killed or Injured on the Job while Enforcing Gun Control
5. Ammunition Background Check Study
6. Gun Control Research, Unbound by the Dickey Amendment
7. Anti-gun Community Violence Interventions
8. “Domestic Violence Firearms Lethality Reduction Initiative”
9. “Violent Anti-Government Ideology” Research
10. Gun Control Earmarks
You know they want to know who is buying ammunition and what sort. Don’t bother trying to control the guns, they say. Control the supply of ammunition.
Here is the full take down of the garbage in the bill.
The ATF is asking Congress for a massive raise to:⁰⁰Upgrade their gun registry;⁰⁰Design a background check system for ammo purchases;⁰⁰And offer a pension system for ATF agents & families if injured or killed on the job (right before they start banning millions of firearms) https://t.co/XrXMkHTs1a
You know, that registry that’s supposed to be illegal for them to have, and those background checks on ammo purchases that infringe on the 2A.
That and those, in case you were wondering.
How can anyone left in the ATF actually believe they are doing any sort of good for humanity? How can they look their families in the fact knowing the oath they swore and what they do every day as ATF agents?
If it’s determined that your gun isn’t an SBR, at least they have all of the information on it, including information on you.
If it’s determined that you are in possession of an SBR illegally, then what happens? Do ATF agents come to your door, shoot your dogs and arrest you? Or do they simply register your firearm, now putting that gun on a list of NFA items that cannot cross state lines without their approval?
Watch this video if needed. BLUF: Don’t talk to the police. That included federal police.
Crack the door open enough for them to hear you (don’t go outside, don’t invite them in). Do not let your dogs out through the crack in the door – the ATF will shoot them dead. They like to shoot dogs. Say the following. “Do you have a warrant to be on this property?” If the answer is no, then say the following. “Please remove yourselves from the property. If you do not do so, I will call 911 and inform the local police that I have uninvited guests on my property and I need their assistance.”
The words uninvited guests is procedure-speak for the local police. It means that there are trespassers, but at the moment they’re not threatening your safety and you prefer them to effect an arrest rather than use force to remove them yourself. This is a way of informing the 911 operator that you’re not in a violent state of mind. It de-escalates the situation with the local police before they ever show up.
Do not answer questions. Do not engage in polite conversation. Do not allow them to stay on your property or photograph or harass you. Do not respond to their interrogatories.
This is all true if you did something wrong, or if you didn’t do anything wrong, or you didn’t do anything wrong and know it and intend to try to convince them of it — regardless of the specifics of the situation.
It’s not just me saying this. Listen to lawyers say it to you yet again.
“These two scumbags are exactly the types that would happily and voluntarily turn over any customer information the ATF requested. Including exact payment method, descriptions of all transactions, shipping dates and personal information, etc. There’s no way in hell the ATF could have this information otherwise. These surprise visits to law-abiding citizens by ATF are a direct result of these inside snitches.”
Here is the court decision. Of course, it’s the right call, but that doesn’t mean it will stand the rest of the appeals through the cicuits of black robed tyrants.
Mike does a good job of breaking it down. I was just trying to recall the compliance rate with AR-15 registration when Connecticut tried this stunt. As best as I recall it was < 10%. This is different, i.e., declaring a SBR, but even worse because for those who comply, they can’t even carry the firearm across state lines without ATF approval.
I never got into the pistol brace scene, but there are a lot of them in circulation, many more than I suspect will be registered with the ATF as SBRs.
This article is not about Force Reset Triggers. You should read it for the intelligence value to understand how ATF is running ops against America.
One of these agents spoke to AmmoLand News on a condition of anonymity, giving the gun community an insight into the ATF’s actions.
The Special Agents do not have discretion whether to contact the buyer or not. The order from ATF HQ demanded the field offices act. The ATF Special Agents are instructed to persuade the owner to turn over the triggers. While some agents are honest with gun owners and even give them a couple of days to decide what to do with the triggers, others have lied to the target. Law enforcement officers are not under any obligation, to be honest.
There’s also a degree of speculation in the article. Parse it yourself.
And separately, the legality of ATF’s “Knock and Talk” is being questioned.
US Senator Joni Ernst (R-Iowa) has demanded to see legal justification for the growing number of ‘knock and talk’ visits to lawful gun owners by the Bureau of Alcohol, Tobacco, and Firearms (ATF).
In a letter written Tuesday to Attorney General Merrick Garland and reported on by Breitbart, Ernst laid out eight questions about the program, which according to Garland is aimed at uncovering ‘straw purchases’ – cases in which a person legally barred from buying a gun uses someone with a clean record to purchase it for them.
Ernst asked Garland what constituted probable cause for these visits and whether agents sought a warrant before turning up on the target’s doorstep, expressing concern about what procedures were in place to protect their Fourth Amendment right against unwarranted search and seizure. She also questioned whether any guidelines existed for what time of day agents could conduct their inquiries and whether they were required to wear uniforms identifying them as ATF.
There are a number of things to digest here. First, this video explains the background.
Second, this video is the perspective of GOA when they submitted the brief to the court.
Third, this is the result.
BREAKING: The U.S District Court for the District of North Dakota Eastern Division has denied GOA and GOF's request for a preliminary injunction against the ATF's Frame & Receiver Rule. pic.twitter.com/cdVpfqTI4y
Another tyrant in a black robe, coupled with tyrants inside the beltway, all of whom should be fired and the agency disbanded.
Fourth, this is another follow-on from the rule, said rulemaking which should never have been done, and which should have gone through the comment period.
This ATF rule makes it so EVERY SINGLE firearm transaction record (Form 4473) will eventually end up in a digital searchable database, rather than be destroyed after 20 years. But somehow, THAT isn't a violation of the prohibition on creating a gun registry!? ♂️ pic.twitter.com/ADNoHXa5R0
Take it all under advisement, dear readers. Hope, work and pray for the best, prepare for the worst. They have made it clear that they don’t care about the law, and they don’t even care anymore that you know that they don’t care. ATF agents should be mighty proud tonight. How can they look themselves in the mirror and answer questions from their children about their work without holding their heads down in shame?
Your firearms are your birthright as an American, and the underlying moral code which justifies it comes from the Almighty.
Smith & Wesson has issued a statement amid unprecedented attacks on the gun industry. Read the whole thing.
Next, Duke University is out with an analysis of lower court decisions in the aftermath of Bruen. You can read their summary.
Since Bruen was issued on June 23, lower courts have begun to apply its new framework to Second Amendment challenges. As of today there are no major developments in the four cases that the Court GVR’ed shortly after Bruen, which include a challenge to Hawaii’s proper-cause analogue, two magazine-capacity cases, and a challenge to Maryland’s assault weapons ban. However, in the month following Bruen, some state and lower federal courts have issued decisions invoking Bruen. This post summarizes a handful of notable decisions.
Bruen is being ignored by a Federal Judge in Minnesota. Nobody is surprised that the Left ignores the law; they are anarchists top to bottom.
Next, Missouri Sheriffs continue resisting the FBI’s CCW list audit. They want the list; make no mistake. It has nothing to do with crime or public safety; they want you in a database.
Wheatley is among the sheriffs who received an email from Missouri’s Attorney General Eric Schmitt’s office on Aug. 9 in which he reminded law enforcement officers not to comply.
“We’re the highest ranking freely elected law enforcement of the state and it’s up to us to stand up for the rights of Missouri citizens,” Wheatley told the Epoch Times.
“The federal government, they overstep some, and it’s our job to put them in check and stand up for what we know is right.”
Also, the Washington Times has an opinion piece about BATFE’s new NICS denial and delay procedures. Any third grader can see this will eventually lead to every purchase being delayed, the purchaser being investigated, and serial numbers captured. They want to attain their holy grail database, implemented so they can make you turn them in. How do we know this? Because that’s what they’ve done the world over for generations.
Gun owners and constitutionalists at large are growing increasingly concerned by an invasive new policy to be enforced by the Bureau of Alcohol, Tobacco, Firearms and Explosives, which will mandate the reporting of background-check delays and denials to local law enforcement when someone tries to purchase a firearm. We can already predict the negative consequences of this poorly designed policy, with innocent individuals trying to buy a gun being inadvertently flagged by the National Instant Criminal Background Check System and, shortly after, angrily greeting law enforcement at their front door.
2 years, 1 month ago
