Tag: 2nd amendment

Lawsuits Challenging Spanberger’s Virginia ‘Assault Firearms’ Gun Grab Pour In

Multiple Second Amendment rights advocates are suing Virginia’s police superintendent after Gov. Abigail Spanberger, D-Va., signed into law legislation banning many semi-automatic firearms and standard-capacity magazines.

The new law, effective July 1, “criminalizes the purchase, sale, transfer, manufacture, and importation of a wide range of commonly owned semiautomatic handguns, shotguns, and rifles — including the AR-15, the most popular rifle in America,” said the National Rifle Association (NRA), one of the plaintiffs suing Virginia. It also “prohibits the purchase, barter, transfer, and importation” of any magazine that holds more than 15 rounds, the organization noted.

Democrat state Sen. Saddam Azlan Salim, a politician from Bangladesh who is a driving force behind efforts to strip constitutional rights away from Americans, authored the bill.

The NRA, Firearms Policy Coalition (FPC), the Second Amendment Foundation (SAF), and two NRA members filed a lawsuit in federal court challenging the law; the Virginia Citizens Defense League (VCDL) and Gun Owners of America (GOA) filed a lawsuit in a Virginia county court; multiple firearm retailers, gun ranges, and other organizations filed a lawsuit in state court, and U.S. Assistant Attorney General for Civil Rights Harmeet Dhillon promised the Department of Justice would file one as well.

All lawsuits name Jeffrey S. Katz, superintendent of the Virginia State Police, as the defendant. The NRA lawsuit also names Goochland County Commonwealth Attorney John L. Lumpkins Jr. and Sheriff Steven Creasey, along with Prince William County Commonwealth Attorney Amy Ashworth and Sheriff Glendell Hill. Justin McDonald and Anthony Groeneveld, plaintiffs in the NRA suit, are residents of Goochland and Prince William, respectively, and are also members of the NRA, FPC, and SAF.

The NRA lawsuit appeals to U.S. Supreme Court precedent in both New York State Rifle & Pistol Association, Inc. v. Bruen and District of Columbia v. Heller (as applied to the states through McDonald v. City of Chicago) to argue the gun and magazine bans are unconstitutional. “By prohibiting Plaintiffs from acquiring common semiautomatic firearms and ammunition magazines,” the suit argues, “Virginia has prevented them from ‘keeping and bearing Arms’ within the meaning of the Amendment’s text. As a result, ‘[t]o justify its regulation, the government … must demonstrate that the regulation is consistent with this Nation’s historical tradition of firearm regulation.’”

Because ownership of the kinds of firearms and magazines banned by the new bill is widespread in Virginia, the new legislation necessarily cannot meet the standards set by historical practice, which, Justice Samuel Alito wrote, requires that the banned weapon be “both dangerous and unusual,” according to the lawsuit (emphasis original).

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BEYOND PARODY: The Associated Press Floats Idea of Gun Control for… MUSKETS

Just in time for America’s 250th birthday celebrations, the liberal Associated Press is suddenly floating the idea of gun control for muskets.

They’re not coming right out and saying it, of course. What they have done is drop an article that basically says: Hey America, did you know that muskets are not regulated like other guns? Their purpose here is so obvious.

The liberal left has never heard of a form of gun control that they didn’t like.

The Daily Caller reports:

The Associated Press posted a short video that appeared to highlight what it called a lack of regulation of flintlock muskets Thursday morning.

Under federal law, flintlock muskets fall into the definition of “antique firearms” under the language of 18 USC 921(16), which exempts them from many of the regulations and laws at the federal level, as well as in most states. In a caption for the video posted on X Thursday morning, the AP noted that while a musket could fire a projectile at 1,000 feet per second, it was exempt from gun regulations under federal law.

“When you look at the Congressional Record from 1968, Senator John Tower’s rationale, which involved committee hearing testimonies from gun collectors and other historical organizations, spent a lot of care and effort into identifying that cut-off date,” firearms historian Ashley Hlebinsky told the Daily Caller News Foundation. “He clearly lays out not wanting to burden historians, collectors, gun owners, and museums and dives into a pretty thorough explanation for why he believes the year should be 1898.”

Modern firearms are typically breech-loading weapons that use self-contained metallic cartridges with smokeless powder (or modern propellants) developed primarily after the mid-to-late 19th century, according to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Black-powder muzzle-loading firearms (often classified as “antiques” under U.S. federal law) are older designs that load loose powder, projectile and wadding from the muzzle end, using ignition systems like flintlock, matchlock or percussion cap.

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Minnesota Tax Committee Chair Rep. Aisha Gomez Screams at GOP Rep. to “Go F*cking Shoot Yourself” During Gun Control Meltdown – GOP Leaders Demand She Be Stripped of Power

Minnesota House Democrat Rep. Aisha Gomez (D-Minneapolis) verbally assaulted Republican Rep. Elliott Engen, telling him to “go f*cking shoot himself” right in the middle of a heated debate on gun control legislation.

Multiple members of the Minnesota House Republican Caucus have confirmed the disgusting outburst to Townhall reporter Dustin Grage, exposing yet another example of the toxic, violent rhetoric coming from the very Democrats who claim to want to “stop the violence” while pushing their anti-Second Amendment agenda.

The vile attack happened late Thursday night during a marathon session where Democrats staged a sit-in to force a vote on gun-grabbing legislation (HF 5140), mirroring a Senate bill that would ban so-called “assault weapons,” large-capacity magazines, and more. Republicans, led by Speaker Lisa Demuth, rightly insisted on proper committee review first.

After hours of emotional testimony about recent tragedies in Minnesota, including heartbreaking stories of loss from shootings like the one at Annunciation church, Gomez reportedly lost it and directed her filth directly at Rep. Engen.

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Hochul Dragged on Social Media After Post Targeting Privately Made Firearms

I get that states like New York, and governors like Kathy Hochul aren’t fans of gun ownership in general, but especially when they don’t get to have some kind of control over who gets a gun and who doesn’t. They want to be able to peer into the industry and know everything, which is why anything that removes a gun from that paper trail is a bad thing. For them, 3D printers spell doom, which is why Hochul opted to go after them.

But the truth of the matter is that the internet is a strange place, and if you’re going to live by the tweet, you will also die by the tweet.

Hochul made a post about “ghost guns,” and unsurprisingly, the internet had thoughts.

Here are just a few of the responses Hochul’s post received:

  • “Democrats are the fastest-growing gun safety threat in the country.”
  • “People will just buy the printers in another State.”
  • “Have you considered banning basements and garages to stop the construction of these ghost guns?”
  • “Does she realize guns aren’t generally printed only certain components so good luck with ‘software’ that can determine what is exactly being printed.”
  • “Yay! Another way to control Americans…You. Are. So. Brave.”
  • “Why would NY expend any resources to prevent people from exercising their Second Amendment rights? Meanwhile, you release violent criminals without bond and they repeat their crimes harming more New Yorkers. You should be ashamed.”
  • “Eliminate the Gang Data Base. Handcuff Police. Provide Sanctuary to Illegal Aliens. Track 3d printers.”

And the backlash extends through post after post.

And it should.

See, the truth of the matter is that so-called ghost guns are certainly scary sounding, but the data doesn’t really back up the idea of them being some massive threat. When I wrote about Manhattan District Attorney Alvin Bragg’s jihad against 3D printers, I noted how few of these guns turn up, even with this massive growth in their use, especially when compared to violent crime involving a firearm as a whole.

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Top DOJ official predicts Supreme Court will declare AR-15 rifles legal everywhere in America

The Justice Department’s top civil rights lawyer believes the Trump administration’s lawsuit this week against the city of Denver’s gun ban will one day soon lead to a Supreme Court decision legalizing the AR-15 semiautomatic rifle – revered by gun owners and reviled by liberals – in every jurisdiction in America.

“We intend to make sure they do that,” Assistant Attorney General Harmeet Dhillon said in an interview set to be aired Wednesday night on the Just the News, No Noise television show.

Dhillon spoke just hours after her office filed a lawsuit against the city of Denver over its ban on “assault rifles,” arguing the ban violates residents’ Second Amendment rights. 

The ban covers AR-15-style rifles, which the complaint argues are owned by “tens of millions” of Americans, 

The complaint also describes the use of the term “assault rifle” in the Denver law’s language as a “rhetorically politically charged” term used by “anti-gun publicists.” 

In addition, the suit cites the 2008 Supreme Court decision in District of Columbia v. Heller, which held that the Second Amendment protects the right of law-abiding citizens to possess weapons that are in common use for lawful purposes.

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More Bad News From Virginia That Gives Another Major Blow Against The 2nd Amendment And Against Pardoned J6er.

The U.S. Fourth Circuit has Upheld Hatchet Speed’s Ridiculous Conviction for Possessing Three Firearm Silencers (which were actually Solvent Drip Containers).

The case originated with a search over January 6, so Speed should be pardoned anyway! But Speed’s case has been forgotten.

Hatchet Speed of Virginia holds several records among J6ers. He is the only J6er who was subjected to THREE (3) trials and the only remaining J6er whose J6 pardon has never been applied to his clearly related case outside Washington, D.C.

Now the U.S. Fourth Circuit Court of Appeals (which covers federal courts in Maryland, North Carolina, South Carolina, Virginia, and West Virginia) has issued a disgraceful ruling against Speed, the Second Amendment, and common sense. The 4th Circuit has upheld Speed’s “silencer” conviction and ruled that the Second Amendment does not apply to silencer possession.

Speed’s case has profound impacts on the status of the Second Amendment and firearm regulation nationwide.

Prior to Speed’s case, Americans have been able to purchase gun-cleaning solvent containers which can be threaded onto the barrels of firearms to catch and filter gun-cleaning fluids. Several manufacturers make variations that resemble firearm silencers in appearance. A purchaser could, with enough tools and ingenuity, drill and convert such containers into firearm silencers. The BATFE under the Biden Administration issued an “open letter” proclaiming a new interpretation that many solvent traps qualify as “firearm silencers” in November 2023. This means that every similar device must be registered, or its possessor faces up to five years in federal prison.

Despite Hatchet Speed’s case, these solvent traps are still sold over the counter at gun stores and online. Untold thousands of them are certainly in people’s drawers and on people’s shelves today. Little do the owners know that they can now be imprisoned for up to five years under the Fourth Circuit’s new ruling.

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DOJ Challenges Denver’s ‘Assault Weapon’ Ban and Colorado’s Magazine Limit

The Department of Justice this week filed two Second Amendment lawsuits in the U.S. District Court for the District of Colorado, challenging that state’s ban on “large capacity” magazines and Denver’s ban on “assault weapons.” Harmeet Dhillon, the assistant attorney general in charge of the department’s Civil Rights Division, argues that both laws are unconstitutional for the same reason: They ban arms in common use for lawful purposes, which the Supreme Court has said are covered by the Second Amendment, and there is no “historical tradition” that would justify such a policy, as required by the Court’s 2022 ruling in New York State Rifle & Pistol Association v. Bruen.

“The Constitution is not a suggestion and the Second Amendment is not a second-class right,” Acting Attorney General Todd Blanche said on Tuesday after the lawsuit against Denver was filed. “Denver’s ban on commonly owned semi-automatic rifles directly violates the right to bear arms. This Department of Justice will vigorously defend the liberties of law-abiding citizens nationwide.”

Denver’s ordinance was enacted in 1989, the same year that California became the first state to ban so-called assault weapons, a politically defined category that typically hinges on arbitrarily disfavored rifle features such as pistol grips, folding stocks, and flash suppressors. But Denver’s ordinance, which prohibits the sale, transfer, or possession of “assault weapons” within city limits, defines the term to include any semi-automatic pistol or center-fire rifle with a fixed or detachable magazine that holds more than 15 rounds. It therefore covers many of the most popular guns sold in the United States when they are equipped with standard-issue magazines, including AR-15-style rifles.

The complaint in United States v. Denver notes that “the term ‘assault weapon’ is not a technical term used in the firearms industry” but rather “a rhetorically charged political term developed by anti-gun publicists.” It adds that the guns banned in Denver “include ordinary semiautomatic rifles possessed by millions of law-abiding Americans.” For example, “Americans own literally tens of millions of AR-15 style rifles, the paradigmatic ‘assault weapon’ covered by the Ordinance.” In a case decided last year, Supreme Court Justice Elena Kagan noted that “the AR–15 is the most popular rifle in the country.”

In January, the National Shooting Sports Foundation (NSSF), the gun industry’s trade association, reported that Americans own more than 32 million “modern sporting rifles,” the industry’s preferred term for the rifles usually covered by “assault weapon” bans. Survey data suggest that somewhere between 16 million and 25 million Americans have owned AR-15-style rifles. They commonly report using them for lawful purposes such as self-defense, hunting, and target shooting.

Such rifles are rarely used by criminals. In 2019, according to FBI data, “only 364 homicides were known to have been committed with rifles of any type, compared
to 6,368 with handguns, 1,476 with knives or other cutting instruments, 600 with personal weapons (hands, feet, etc.) and 397 with blunt objects,” Dhillon notes.

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Virginia Governor Gets Bad News on Background Check Bill

Since the Virginia General Assembly approved a revised version of the bill last week, there’s been a whole lot of confusion about Virginia’s HB 1525, which raises the age to purchase handguns from 18 to 21 and requires the Virginia State Police to resume conducting background checks on private sales. Governor Abigail Spanberger’s amended version contained language that declared the act an emergency, which would allow it to take effect immediately, but the legislature did not approve the changes with a 4/5ths vote, which is supposedly what’s required in order for that “emergency” provision to be adopted. 

The Virginia legislative website lists the effective date for HB 1525 as July 1, but the Virginia State Police put out a notice on Tuesday that declared the law is already in effect. That was the good news for Spanberger. 

The bad news? The VSP won’t be resuming background checks on private sales of firearms anytime soon… at least not without a court order. 

Gun Owners of America and VCDL had threatened to seek contempt charges against the head of the VSP if they abided by Spanberger’s edict, and it looks like the VSP didn’t see that as an idle threat. 

Keep in mind that there are three parts to HB 1525; a ban on those under 18 from possessing handguns and “assault firearms” except under limited circumstances, the ban on handgun and “assault firearm” sales to adults under the age of 21, and the edict to the VSP to start enforcing the enjoined universal background check law. The only portion of the law that the state police say will not be enforced is the section of law regarding background checks on private sales of firearms, and as far as the agency is concerned it’s now against the law for a 20-year-old to purchase an AR-15 in Virginia, even through a private sale. 

Of course, as of July 1 it will be illegal for any adult over the age of 21 to purchase an AR-15 too. The sale ban wasn’t the primary motivation for HB 1525. It was the restoration of the state’s universal background check law, and the VSP just said that isn’t happening until a judge tells the agency it can resume enforcement. 

So what will that take? The case cited by VSP has concluded, with then-Attorney General Jason Miyares declining to appeal the decision. Current AG Jay Jones attempted to intervene before he took office, but the Virginia Court of Appeals shut down that effort fairly quickly. 

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Tim Walz’s Daughter Just As Dumb As Dad on Gun Control

Gov. Tim Walz was in a position to become vice president. I think I speak for most of us when I say that I’m glad he’s still governor of Minnesota. It’s not because he’s been stellar at his job there, mind you, as the Minneapolis day care scandal, and Walz’s reaction to it, amply illustrates that he sucks at it. It’s because it means he and Kamala Harris aren’t in charge in Washington.

Both were terrible on gun issues, despite Walz trying to portray himself as a macho man who could out shoot any of us. In fact, when he tried to act big and bad, he just embarassed himself.

When it comes to guns, though, it seems the apple doesn’t fall very far from the tree.

Hope Walz, the daughter of disgraced Minnesota governor and failed vice presidential candidate Tim Walz, called for gun control this week in the aftermath of another attempted assassination attempt on President Donald Trump.

“Gun control doesn’t just save Democrats’ lives. It also saves Republican lives,” she said in a TikTok video posted this week, apparently attempting to position herself as a leftist taking moral high ground.

“You’d think we’d be at a point now where we could call for some common sense legislation, but I don’t know. I don’t know,” she said sarcastically. “Also here to say that political violence is never ok. Duh. That’s the difference between us and them. It’s never ok.”

Walz continued, “But there’s something we can do about it: common sense gun legislation.”

She ultimately called on her audience to “do something about that for everybody’s sake.”

“For everybody’s sake, yeah. Yeah. Happy Tuesday,” she added. “Feeling a little anxious today, but we’re going to get through it.”

Notably, this is the same “anxious” Walz who described Trump’s previous crackdown on crime in the nation’s capital as nothing more than “bitch baby, wussy, scaredy cat behavior.”

Fascinating, ain’t it?

Look, I agree that political violence isn’t OK. I’ll point out, though, that the left hasn’t exactly been showing any belief in that position. How many have been upset that Thomas Crooks missed, or that this guy didn’t get a shot at the president? How many celebrated the assassinations of UnitedHealthcare CEO Brian Thompson and Charlie Kirk?

Yeah, don’t do the “That’s the difference between us and them” bit. It’s not going to fly.

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Trump DOJ, ATF Unleash Massive Second Amendment Overhaul — 34 New Reforms Slash Red Tape for Gun Owners, Dealers and Small Businesses

In a HUGE victory for the Second Amendment and law-abiding Americans everywhere, the Department of Justice and the Bureau of Alcohol, Tobacco, Firearms, and Explosives announced this week they are unleashing 34 notices of final and proposed rulemaking to slash the mountain of Biden-era red tape strangling gun owners and Federal Firearms Licensees.

The move follows a top-to-bottom review of ATF regulations ordered by President Trump’s Executive Order 14206, “Protecting Second Amendment Rights.”

After years of the Biden ATF acting as an unaccountable attack dog against honest gun shops and citizens, the agency is finally being forced to listen to industry experts, FFLs, and everyday Americans who just want to exercise their God-given constitutional rights without the federal government breathing down their necks.

This is the first wave of reforms. More are coming. The Trump administration is keeping its promise to dismantle the deep-state gun-control apparatus piece by piece.

“The Second Amendment is not a second-class right,” said U.S. Acting Attorney General Todd Blanche. “This Department of Justice is ending the weaponization of federal authority against law-abiding gun owners. We will continue to vigorously defend their rights as the Constitution demands.”

Below are the summary of the 34 proposed and final regulatory changes affecting firearms, explosives, importation, federal firearms licensees (FFLs), and ATF procedures.

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