Tag: 2nd amendment

Texas judge blocks Biden ATF rule expanding gun background checks

A federal judge in Texas temporarily blocked the Biden administration from enforcing its gun background check rule in the Lone Star State on Sunday evening, one day before the national measure took effect.

U.S. District Judge Matthew Kacsmaryk, an appointee of former President Donald Trump, granted a temporary injunction against the Bureau of Alcohol, Tobacco, Firearms, and Explosives to block the federal rule in Texas, though not in other states that challenged the rule.

The rule was scheduled to go into effect on Monday and shutters the “gun show loophole” for firearms sales, requiring dealers selling guns for a profit to be licensed and requiring background checks for buyers.

“I am relieved that we were able to secure a restraining order that will prevent this illegal rule from taking effect,” Republican Texas Attorney General Ken Paxton, who challenged the Biden administration rule, said in a statement. The challenge to the ATF measure was also joined by the Gun Owners of America, a pro-Second Amendment group.

“President Biden and his anti-gun administration have aggressively pursued an agenda meant to harass, intimidate, and criminalize gun owners and dealers at every turn,” said Erich Pratt, senior vice president of GOA.

Plaintiffs argued the ATF rule violated the Bipartisan Safer Communities Act of 2022 and the Second Amendment. Kacsmaryk did not rule on the constitutional claim but agreed with the plaintiffs that it ran afoul of the 2022 law.

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He Was Sentenced to a Decade in Prison for Having Unlicensed Weapons

A New York City man on Monday was sentenced to a decade in prison after a jury convicted him of a slew of violent felonies. Most intriguing, though, is that there were no victims because there was no violence.

Dexter Taylor, 53, was arrested in 2022 after police raided his home and found several firearms without the state-required licenses. Taylor, who works as a software engineer, had taken an interest in weapons science and started building “ghost guns”—essentially firearms made by nontraditional manufacturers. Despite Taylor’s hobby being victimless, Brooklyn District Attorney Eric Gonzalez brought a 37-count indictment against him.

“By assembling guns from kits, unfinished parts, or 3D printed components, those who possess ghost guns evade critically important background checks and registration requirements, and because they have no serial number they are untraceable,” he said in a press release at the time. “The surge in ghost guns in our neighborhoods is a major contributor to the violence plaguing our communities and my Office is working tirelessly to stop their proliferation in Brooklyn.”

It’s difficult to know whether or not the latter claim—that ghost guns are at the root of Brooklyn’s gun violence—is true. Beyond dispute, however, is that Taylor did not contribute to those statistics because he didn’t harm anyone. Nevertheless, a jury convicted him of two counts of second-degree criminal possession of a weapon; three counts of third-degree criminal possession of a weapon; five counts of criminal possession of a firearm; unlawful possession of pistol ammunition; and violating the prohibition on unfinished frames or receivers. Many of those charges are violent felonies under New York law, even though they’re essentially paperwork violations.

Especially ironic is that Gonzalez promised to lead “the most progressive D.A.’s office in the country.” Ensuring that a man serves substantial prison time for crimes that hurt no one does not strike me as particularly progressive. The decadelong sentence should “send a message to anyone who, like this defendant, would try to evade critically important background checks and registration requirements to manufacture and stockpile these dangerous weapons,” said Gonzalez on Monday. 

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NYC Man Convicted Over Gunsmithing Hobby After Judge Says 2nd Amendment ‘Doesn’t Exist in This Courtroom’

A Brooklyn man has been convicted of 13 weapons charges after having been arrested and charged in 2022 for building his own firearms. Dexter Taylor’s ordeal could become a landmark Second Amendment case in light of the Bruen ruling handed down in the same year.

The jury found Taylor guilty of second-degree criminal possession of a loaded weapon, four counts of third-degree criminal possession of a weapon, five counts of criminal possession of a firearm, second-degree criminal possession of five or more firearms, unlawful possession of pistol ammunition, violation of certificate of registration, prohibition on unfinished frames or receivers. Two lesser charges, including third-degree criminal possession of three or more firearms and third-degree possession of a weapon, were not voted on.

Taylor, a 52-year-old New York native and a software engineer, discovered the world of gunsmithing years ago. He decided to take it up as a hobby and possibly turn it into a business later. However, when a joint ATF/NYPD task force discovered he was legally buying parts from various companies, they opened up an investigation that led to a SWAT raid and arrest. 

He is currently being jailed on Rikers Island as he awaits sentencing. Taylor’s conviction highlights the ongoing battle for gun rights. During an interview with Vinoo Varghese, Taylor’s defense lawyer, he detailed how Taylor’s trial proceeded and highlighted a distinct bias in favor of the prosecution.

Varghese described how Taylor became fascinated by weapon science during the COVID-19 lockdowns, which inspired him to take up his gunsmithing hobby. “He ended up building, I believe it was eight pistols and five rifles or six rifles, AR-style rifles, and then eight or nine Glock pistols that he built,” Varghese said.

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Pennsylvania GOP Senator’s Bill Would Let Medical Marijuana Patients Get Gun Carry Permits

A Republican senator in Pennsylvania has formally introduced a bill meant to remove state barriers to medical marijuana patients carrying firearms after previewing the legislation and soliciting co-sponsors earlier this year.

Sen. Dan Laughlin (R) introduced SB 1146 on Wednesday, which state Senate Republicans noted in a press release was also 2A Day, celebrating the Constitution’s Second Amendment.

The GOP statement called the proposal “a bold step toward ensuring the rights of all citizens,” saying it “acknowledges the importance of the right to bear arms, a fundamental aspect of American freedom.”

“My legislation will make sure a valid medical marijuana cardholder is no longer considered an unlawful marijuana user,” Laughlin said in the release. “Although marijuana remains illegal under federal law, we should be updating Pennsylvania’s laws to ensure valid medical marijuana cardholders are not denied their rights.”

The two-page bill would amend the Pennsylvania’s Uniform Firearms Act, which currently says a concealed carry license “shall not be issued” to someone who “is addicted to or is an unlawful user of marijuana.” SB 1146 would add that “the term ‘unlawful user of marijuana’ does not include an individual who holds a valid identification card” under the state’s medical marijuana act.

It would also add a qualifier to a provision barring carry permits for an “individual who is prohibited from possessing or acquiring a firearm under the statutes of the United States,” asserting that the restriction “shall not apply” to someone prohibited from gun ownership “based solely on the individual’s status as a holder of a valid identification card” for medical marijuana.

The changes would take effect 60 days after becoming law.

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Arizona Police officer shoots, kills man in his home

A body cam footage has revealed an Arizona Police officer shooting and killing a man in his own home. The police officer claimed he saw the man holding a shotgun. 44-year-old Trinidad Ledesma was killed after police responded to a domestic dispute …

When the police turned the corner, Ledesma could be heard saying: “Don’t come in. Don’t come near, boss.” The officer said he saw a “black shotgun” in his right hand and immediately shot and killed him. During the incident, the officer called it an AR-15.

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ATF Report Undermines Left’s Hysteria Over So-Called ‘Gun Show Loophole’

The Bureau of Alcohol, Tobacco, Firearms, and Explosives’ (ATF) National Firearms Commerce and Trafficking Assessment (NFCTA), Vol. III, undermines the left’s long-standing hysteria over a so-called “gun show loophole.”

The NFCTA examines gun trafficking and gun trafficking channels, both domestic and international.

The ATF uploaded the NFCTA in various parts or segments, and part four looks at “source-to-market” trafficking.

From the NFCTA:

The term source-to-market type captures the geographic scope of firearm trafficking cases, which include intrastate, interstate, and international trafficking. Within the U.S., intrastate trafficking involves the movement of firearms in markets within states, while interstate trafficking occurs between states. International trafficking involves the movement of firearms in markets between the U.S. and a foreign country. For interstate and international trafficking, the term ‘source’ is used to identify the state or country that is the supplier of illicit firearms, while the term ‘market’ is used to identify the state or country that is the recipient of illicit firearms. In the case of international trafficking, the U.S. may serve as the source country while a foreign country serves as the market country, referred to as U.S. to foreign trafficking. Conversely, a foreign country may serve as the source country while the U.S. serves as the market country, referred to as foreign to U.S. trafficking.

Following decades of hysteria from the left resulting in gun control push after gun control push based on the so-called “gun show loophole,” one would think such shows to play a dominant role in intrastate and interstate trafficking. However, the NFCTA numbers show only 3.2 percent of ATF intrastate trafficking cases involve “trafficking in firearms at gun shows, flea markets, or auctions.”

Moreover, only 4.3 percent of ATF interstate trafficking cases involve “trafficking in firearms at gun shows, flea markets, or auctions.”

The percentage of international ATF trafficking cases from the United States to a foreign country involving “trafficking in firearms at gun shows, flea markets, or auctions” is 4.5 percent.

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Kentucky Approves Gun Owner Privacy Protection

In a significant victory for Second Amendment advocates and the right to privacy, Kentucky has taken a bold step forward with the passage of House Bill 357, also known as the Second Amendment Privacy Act. This pioneering legislation, which received robust support from the National Shooting Sports Foundation (NSSF) marks a crucial milestone in protecting the privacy and financial details of firearm and ammunition purchasers in the Bluegrass State.

Crafted with the dedication and foresight of Kentucky state Representatives Derek Lewis and Michael Meredith, along with state Senator Jason Howell, the Second Amendment Privacy Act ensures that the financial transactions of law-abiding citizens buying firearms and ammunition are shielded from undue scrutiny and politicization. By prohibiting financial institutions from using a specific firearm code to track these purchases, the law stands as a bulwark against discrimination and unwarranted surveillance.

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Wyoming Governor Signs Law Prohibiting State Enforcement of Federal Red Flag Laws

On Friday, Wyoming Governor Mark Gordon signed a bill into law that bars state and local officials from enforcing federal “extreme risk” protective orders – sometimes referred to as red flag laws. The bill will not only protect liberty in Wyoming; it will also hinder federal efforts to restrict the right to keep and bear arms.

Rep. Bill Allemand and 12 other cosponsors filed Senate Bill 109 (SF109) on Feb. 13. Titled “Prohibit Red Flag Gun Seizure Act,” the new law prohibits any state or local agency “from implementing or enforcing any federal statute, rule, executive order, judicial order or judicial findings or any state statute, rule, executive order, judicial order or judicial findings that would enforce a red flag gun seizure order against or upon a resident of Wyoming” who is legally allowed to possess a firearm under state law. It also prohibits the state and its political subdivisions from using personnel or funds for enforcement of the same.

No governmental entities in the state are allowed to accept federal grant funding to implement any federal red flag law. Anyone found in violation of the law by a court will now be subject to a civil penalty of up to $50,000 fifty per violation, and the court “may order any injunctive or other equitable relief as permitted by law.”

On March 6, the House passed SF109 by a 54-8 vote with some technical amendments. The following day, the Senate concurred with the House amendments by a 30-0 vote. With Gov. Gordon’s signature, the law went into immediate effect.

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Justice Department Launches the National Extreme Risk Protection Order Resource Center

The Justice Department launched the National Extreme Risk Protection Order (ERPO) Resource Center (the Center) which  will provide training and technical assistance to law enforcement officials, prosecutors, attorneys, judges, clinicians, victim service and social service providers, community organizations, and behavioral health professionals responsible for implementing laws designed to keep guns out of the hands of people who pose a threat to themselves or others.

“The launch of the National Extreme Risk Protection Order Resource Center will provide our partners across the country with valuable resources to keep firearms out of the hands of individuals who pose a threat to themselves or others,” said Attorney General Merrick B. Garland. “The establishment of the Center is the latest example of the Justice Department’s work to use every tool provided by the landmark Bipartisan Safer Communities Act to protect communities from gun violence.”

ERPO laws, which are modeled off domestic violence protection orders, create a civil process allowing law enforcement, family members (in most states), and medical professionals or other groups (in some states) to petition a court to temporarily prohibit someone at risk of harming themselves or others from purchasing and possessing firearms for the duration of the order.

In 2023, the Justice Department’s Office of Justice Programs (OJP) awarded $238 million to states, territories, and the District of Columbia under the Byrne State Crisis Intervention Program (SCIP), which was created by the Bipartisan Safer Communities Act and is designed to help jurisdictions implement crisis intervention strategies, including ERPO programs. In addition, OJP awarded $4 million to support training and technical assistance under Byrne SCIP, including $2 million that was awarded to the Johns Hopkins Center for Gun Violence Solutions to establish the ERPO Resource Center. In collaboration with OJP’s Bureau of Justice Assistance (BJA), the Center will support states, local governments, law enforcement, prosecutors, attorneys, judges, clinicians, victim service providers, and behavioral health and other social service providers in their efforts to implement ERPO programs to fit local needs, share resources and promising practices with the field, and help ensure that funding received through Byrne SCIP is effectively utilized.

“Supporting our law enforcement and community partners in curbing the scourge of gun violence is more critical than ever,” said Acting Associate Attorney General Benjamin C. Mizer. “In addition to other resources leveraged across the Justice Department, this Center will provide communities with new tools and technical assistance to help them implement effective crisis intervention strategies and reduce gun violence.”

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Another Judge Says Illegal Immigrants Have Second Amendment Rights

In a decision earlier this month in U.S. v. Carbajal-Flores from the U.S. District Court for the Northern District of Illinois, Eastern Division, Judge Sharon Johnson Coleman concluded that you can’t always and under every circumstance prohibit people in the country illegally from legally possessing weapons.

The factual background of the prosecution of Heriberto Carbajal-Flores, as explained in Judge Coleman’s decision: “On June 1, 2020, Carbajal-Flores possessed a handgun in the Little Village neighborhood of Chicago, Illinois. Carbajal-Flores contends that he received and used the handgun for self-protection and protection of property. Because of Carbajal-Flores’ citizenship status, he was charged with violating of 18 U.S.C. § 922(g)(5), which prohibits any noncitizen who is not legally authorized to be in the United States from ‘possess[ing] in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.'”

Judge Coleman granted a motion to dismiss the charges against Carbajal-Flores, by declaring that such a blanket prohibition against weapons possession for a category of people can’t withstand scrutiny under current Second Amendment doctrine.

Carbajal-Flores has been on pre-trial release and “has consistently adhered to and fulfilled all the stipulated conditions of his release,” the decision explains. “Pretrial Services has conducted numerous employment visits at various sites, and Carbajal-Flores consistently provides the necessary documentation to verify his income when requested. A criminal record check conducted through the National Crime Information Center reflects no new arrests or outstanding warrants.”

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