Author Topic: Second Amendment/ATF related cases  (Read 9584 times)

Live Life

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Re: Second Amendment/ATF related cases
« Reply #100 on: January 12, 2025, 08:35:22 AM »
Update to CA Handgun Roster due to Boland v Bonta (CA handgun roster) and Renna v Bonta (CA Unsafe Handgun Act/Handgun roster) - https://armedpolitesociety.com/index.php?topic=70249.msg1459598#msg1459598

Current Roster of Handguns Certified for Sale (910 models as of 1/1/25) -
https://oag.ca.gov/firearms/certified-handguns/search

Removed Handgun Models - https://oag.ca.gov/firearms/de-certified-handguns
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The following are handgun models whose certification has expired or models that have been otherwise removed from the Roster. These models may no longer be sold, offered for sale, imported for sale, or manufactured in California.

Manufacturer   Model   Caliber   Gun Type   Barrel Length   Date Removed
Nighthawk Custom   Predator III (Black/Titanium Blue)   .45 Auto   Pistol   4.33"   01/01/2025
Nighthawk Custom   Talon II (Black/Titanium Blue)   .45 ACP   Pistol   4.25"   01/01/2025
Nighthawk Custom   Predator (Blue)   .45 ACP   Pistol   5"   01/01/2025
Nighthawk Custom   Talon (Blue)   .45 ACP   Pistol   5"   01/01/2025
Nighthawk Custom   Talon III (Black/Blue)   .45 ACP   Pistol   4.25"   01/01/2025
Nighthawk Custom   Predator II (Black/Blue)   .45 ACP   Pistol   4.33"   01/01/2025
FMK Firearms   9C1 Gen II (Burnt Bronze)(w/Polished Barrel)   9mm   Pistol   3.87"   01/01/2025
FMK Firearms   9C1 Gen II (OD Green)(w/Polished Barrel)   9mm   Pistol   3.87"   01/01/2025
FMK Firearms   9C1 Gen II (Pink/Raspberry)(w/Polished Barrel)   9mm   Pistol   3.87"   01/01/2025
FMK Firearms   9C1 Gen II (Black)(w/Polished Barrel)   9mm   Pistol   3.87"   01/01/2025
FMK Firearms   9C1 Gen II (FDE)(w/Polished Barrel)   9mm   Pistol   3.87"   01/01/2025
FMK Firearms   9C1 Gen II (Titianium Grey)(w/Polished Barrel)   9mm   Pistol   3.87"   01/01/2025
FMK Firearms   9C1 Gen II (Dark Grey)(w/Polished Barrel)   9mm   Pistol   3.87"   01/01/2025
FMK Firearms   9C1 Gen II (Blue Jay)(w/Polished Barrel)   9mm   Pistol   3.87"   01/01/2025
Franklin Armory   CA320   9mmx19   Pistol   3.90"   01/01/2025
Charter 2000   53871 UC Lite   .38 Spl   Revolver   2"   01/01/2025
Charter 2000   53870 Undercover Lite (Blk/SS) Std.   .38 Spl   Revolver   2"   01/01/2025
Ceska Zbrojovka (CZ)   CZ 75 Compact (Black) 01190   9mm   Pistol   3.765"   01/01/2025
Ceska Zbrojovka (CZ)   CZ 75 P-01 01199   9mm   Pistol   3.88"   01/01/2025
Ceska Zbrojovka (CZ)   CZ 75 D (Black) 01194   9mm   Pistol   3.763"   01/01/2025
Ceska Zbrojovka (CZ)   75 BD (Black) 01130   9mm   Pistol   4.687"   01/01/2025
Ceska Zbrojovka (CZ)   CZ 75 B (Black) 01102   9mm   Pistol   4.593"   01/01/2025
Ceska Zbrojovka (CZ)   CZ 75 SP-01 01152   9mm   Pistol   4.7"   01/01/2025
Heckler & Koch   VP9SK OR* UPC 68005   9mm   Pistol   3.39   01/01/2025
Heckler & Koch   VP9* UPC 67961   9mm   Pistol   4.09"   01/01/2025
Heckler & Koch   VP9L OR* UPC 67985   9mm   Pistol   5"   01/01/2025
Heckler & Koch   VP9 OR* UPC 67947   9mm   Pistol   4.09"   01/01/2025
Seecamp   LWS 32 CA Edition (Blk)   .32 ACP   Pistol   2.13"   01/01/2025
Seecamp   LWS 32 CA Edition (Southwick, MA) (Stnls)   .32 ACP   Pistol   2.13"   01/01/2025
Seecamp   LWS 32 CA Edition (Milford, CT)   .32 ACP   Pistol   2.13"   01/01/2025
Camdon Defense   CD-15   Multi (5.56)   Pistol   9.85"   01/01/2025


Recently Added Handgun Models (104 added since Boland 3/20/23 and Renna 4/3/23 v Bonta preliminary injunctions) 👍 - https://oag.ca.gov/firearms/certified-handguns/recently-added
Quote
An asterisk (*) next to the model name below indicates that the handgun was added pursuant to the court's order in Boland v. Bonta.

Manufacturer   Model   Caliber   Gun Type      Date Added
Shadow Systems   XR920 SS-3039-CA*   9MM   Pistol   3.75"   01/01/2025
Smith & Wesson   M&P9 Shield Plus (Purple Frame)-14299*   9MM   Pistol   3.1"   01/01/2025
Rost Martin   RM1C FDE OSP*   9MM   Pistol   4"   01/01/2025
Colt   PYTHON (PYTHON-BP6WTS)   .357 Magnum   Revolver   6"   01/01/2025
Rost Martin   RM1C GRAY OSP*   9MM   Pistol   4"   01/01/2025
Henry Repeating Arm   H016GD   .22 S/L/LR   Revolver   4"   01/01/2025
Shadow Systems   DR920P SS-2239-CA*   9MM   Pistol   4.5"   01/01/2025
Smith & Wesson   M&P9 Shield Plus (Pink Slide)-14298*   9MM   Pistol   3.1"   01/01/2025
Shadow Systems   MR920 SS-1039-CA*   9MM   Pistol   3.75"   01/01/2025
Smith & Wesson   M&P9 Shield Plus (SLV/REB)-14297*   9MM   Pistol   3.1"   01/01/2025
Colt   PYTHON (PYTHON-BP4WTS)   .357 Magnum   Revolver   4.25"   01/01/2025
Rost Martin   RM1C BLACK OSP*   9MM   Pistol   4"   12/04/2024
FMK Firearms   9C1 G3 (Black)*   9MM   Pistol   4"   12/03/2024
Sturm, Ruger & Co.   LCP MAX 13748*   380 Auto   Pistol   2.80"   11/26/2024
Heckler & Koch   VP9 UPC 642230267961*   9mm   Pistol   4.09"   11/20/2024
Heckler & Koch   VP9 UPC 642230267947*   9mm   Pistol   4.09"   11/20/2024
Heckler & Koch   VP9L UPC 642230267985*   9mm   Pistol   5"   11/20/2024
Heckler & Koch   VP9SK UPC 642230268005*   9mm   Pistol   3.39"   11/20/2024
Sig Sauer   365XL-9-ROSE-MS-CA*   9mm   Pistol   3.1"   10/30/2024
Century Arms Inc.   METE MC9*   9mm   Pistol   3.2"   10/08/2024
North American Arms   NAA-PUG-D   .22 Mag   Revolver   1"   08/13/2024
Sturm, Ruger & Co.   LCRx-05439B   .22 WMRF   Revolver   1.87"   07/17/2024
Smith & Wesson   SD9 VE-11907*   9mm   Pistol   4"   07/16/2024
Kimber   RAPIDE (DAWN)(9MM)*   9mm   Pistol   5"   07/03/2024
Kimber   RAPIDE (DAWN)(45ACP)*   .45 ACP   Pistol   5"   07/03/2024
Kimber   CUSTOM LW (SHADOW GHOST)(9MM)*   9mm   Pistol   5"   07/03/2024
Kimber   CUSTOM LW (SHADOW GHOST)(45ACP)*   .45 ACP   Pistol   5"   07/03/2024
Smith & Wesson   SW22 VICTORY SKU 108490*   .22 LR   Pistol   5.5"   06/12/2024
Springfield Armory   Hellcat-Stainless HC9319SOSPCA*   9mm   Pistol   3"   06/11/2024
Springfield Armory   Hellcat Pro- Stainless HCP9379SOSPCA*   9mm   Pistol   3.7"   06/11/2024
Sturm, Ruger & Co.   SP101-05765A   .22 LR   Revolver   4.2"   05/21/2024
Sig Sauer   320XF-9-BXR3P-MS-CA*   9mm   Pistol   4.7"   05/16/2024
Sig Sauer   320X5-9-LEGION-MS-CA*   9mm   Pistol   5"   05/16/2024
Sig Sauer   365XCA-9-COMP-MS-CA*   9mm   Pistol   3.1"   05/16/2024
Kahr Arms   CW90G93/CW90G93N   9mm   Pistol   3.5"   05/07/2024
Standard Manufacturing Co.   S333 THUNDERSTRUCK GEN III   .22 WMR   Revolver   2.25"   05/07/2024
Springfield Armory   XD-M Elite Compact 3.8 OSP-CA*   9mm   Pistol   3.8"   04/03/2024
Springfield Armory   XD-M Elite 4.5 OSP-CA*   9mm   Pistol   4.5"   04/03/2024
Springfield Armory   XD-M Elite 3.8 OSP-CA*   9mm   Pistol   3.8"   04/03/2024
Girsan (Imported by European American Armory Corporation)   MC P35*   9mm   Pistol   4.87"   04/02/2024
Walther   P22 CA (Grey Slide) Grey Grip   .22 LR   Pistol   3.42"   03/08/2024
Browning   Buck Mark Medallion Rosewood*   .22 LR   Pistol   5.5"   03/05/2024
Browning   Buck Mark Micro Bull*   .22 LR   Pistol   4"   03/05/2024
Taurus   2-85621ULC31NS   .38 Special   Revolver   2"   02/22/2024
Smith & Wesson   M&P9 Shield (OD) SKU 14016/Stainless Steel;Polymer   9mm   Pistol   3"   02/09/2024
Smith & Wesson   M&P9 Shield (OD) SKU 14015/Stainless Steel;Polymer   9mm   Pistol   3"   02/09/2024
Colt   PYTHON (PYTHON-SP5WTS)   .357 Mag   Revolver   5"   02/06/2024
Colt   PYTHON (PYTHON-SP2WCTS)   .357 Mag   Revolver   2.5"   02/06/2024
Heckler & Koch   VP9*   9mm   Pistol   4.09"   01/31/2024
Heckler & Koch   VP9L OR*   9mm   Pistol   5"   01/31/2024
Heckler & Koch   VP9 OR*   9mm   Pistol   4.09"   01/31/2024
Heckler & Koch   VP9SK OR*   9mm   Pistol   3.39"   01/31/2024
Sturm, Ruger & Co.   LCRX-05437B   .22 WMRF   Revolver   3"   01/11/2024
Sturm, Ruger & Co.   SP101-05773A   .327 Fed Magnum   Revolver   4.2"   01/11/2024
Sturm, Ruger & Co.   SUPER REDHAWK - 05526   .22 Hornet   Revolver   9.5"   01/11/2024
Sturm, Ruger & Co.   MARK IV - 40187   22 LR   Pistol   5.5"   01/04/2024
Taurus   2-856P39   .38 Special   Revolver   3"   01/04/2024
Taurus   2-605P39   .357 Mag   Revolver   3"   01/04/2024
Henry Repeating Arm   H017BDM   .38 Spl/.357 Mag   Revolver   4"   01/04/2024
Smith & Wesson   M&P9 M2.0 - 14033*   9mm   Pistol   4.25"   11/16/2023
Smith & Wesson   M&P9 M2.0 Compact - 14032*   9mm   Pistol   4"   11/16/2023
Smith & Wesson   M&P9 Shield Plus - 14031*   9mm   Pistol   3.1"   11/16/2023
Springfield Armory   XDM Elite*   9mm   Pistol   4.5"   11/16/2023
Springfield Armory   Hellcat Pro*   9mm   Pistol   3.7"   11/16/2023
Springfield Armory   Hellcat*   9mm   Pistol   3"   11/16/2023
Colt   ANACONDA (ANACONDA-SP4RTS)   44 Magnum   Revolver   4.25"   11/16/2023
Kimber   K6XS Carry   .38 Special +P   Revolver   2"   11/16/2023
Sig Sauer   365-9-BXR3P-MS-CA*   9mm   Pistol   3.1"   11/02/2023
Henry Repeating Arm   H017GDM   .38Spl/.357Mag   Revolver   4"   09/19/2023
Charter 2000   14423 Bulldog (Grip Rose wood)   .44 Special   Revolver   4"   09/19/2023
Juggernaut Tactical   JT-9 SSP-DFDE   9mm   Pistol   8.5"   08/08/2023
FMK Firearms   9C1 Gen II (OD Green)   9mm   Pistol   3.87"   08/08/2023
Juggernaut Tactical   JT-9 SSP-OD   9mm   Pistol   8.5"   08/08/2023
FMK Firearms   9C1 Gen II (OD Green)(w/Polished Barrel)   9mm   Pistol   3.87"   08/08/2023
FMK Firearms   9C1 Gen II (Dark Grey)(w/Polished Barrel)   9mm   Pistol   3.87"   08/08/2023
Juggernaut Tactical   JT-9 SSP-DBB   9mm   Pistol   8.5"   08/08/2023
FMK Firearms   9C1 Gen II (FDE)   9mm   Pistol   3.87"   08/08/2023
Juggernaut Tactical   JT-9 SSP-DAF   9mm   Pistol   8.5"   08/08/2023
FMK Firearms   9C1 Gen II (Burnt Bronze)   9mm   Pistol   3.87"   08/08/2023
FMK Firearms   9C1 Gen II (Blue Jay)(w/Polished Barrel)   9mm   Pistol   3.87"   08/08/2023
Juggernaut Tactical   JT-9 SSP-DRD   9mm   Pistol   8.5"   08/08/2023
FMK Firearms   9C1 Gen II (FDE)(w/Polished Barrel)   9mm   Pistol   3.87"   08/08/2023
Juggernaut Tactical   JT-9 SSP-DTAF   9mm   Pistol   8.5"   08/08/2023
FMK Firearms   9C1 Gen II (Pink/Raspberry)(w/Polished Barrel)   9mm   Pistol   3.87"   08/08/2023
Juggernaut Tactical   JT-9 SSP-SG   9mm   Pistol   8.5"   08/08/2023
FMK Firearms   9C1 Gen II (Burnt Bronze)(w/Polished Barrel)   9mm   Pistol   3.87"   08/08/2023
FMK Firearms   9C1 Gen II (Blue Jay)   9mm   Pistol   3.87"   08/08/2023
Juggernaut Tactical   JT-9 SSP-FDEC   9mm   Pistol   8.5"   08/08/2023
FMK Firearms   9C1 Gen II (Pink/Raspberry)   9mm   Pistol   3.87"   08/08/2023
Juggernaut Tactical   JT-9 SSP-BB   9mm   Pistol   8.5"   08/08/2023
FMK Firearms   9C1 Gen II (Dark Grey)   9mm   Pistol   3.87"   08/08/2023
FMK Firearms   9C1 Gen II (Titianium Grey)(w/Polished Barrel)   9mm   Pistol   3.87"   08/08/2023
Juggernaut Tactical   JT-9 SSP-GRC   9mm   Pistol   8.5"   08/08/2023
FMK Firearms   9C1 Gen II (Black)(w/Polished Barrel)   9mm   Pistol   3.87"   08/08/2023
Juggernaut Tactical   JT-9 SSP-FDE   9mm   Pistol   8.5"   08/08/2023
FMK Firearms   9C1 Gen II (Black)   9mm   Pistol   3.87"   08/08/2023
FMK Firearms   9C1 Gen II (Titanium Grey)   9mm   Pistol   3.87"   08/08/2023
Sturm, Ruger & Co.   Max-9 03518*   9mm   Pistol   3.2"   08/03/2023
Armscor Precision   M1911 A1 FS PSA Standard (AS) (57007)   .45 ACP   Pistol   5"   08/01/2023
Sig Sauer   320CA-9-M18-MS-CA*   9mm   Pistol   3.9"   07/13/2023
Heckler & Koch   P2000-V3 9mm - GRN/Tungsten   9mm   Pistol   3.3"   07/05/2023
Heckler & Koch   P2000-V3 9mm - FDE/Tungsten   9mm   Pistol   3.3"   07/05/2023
Heckler & Koch   P2000-V3 9mm - Tungsten   9mm   Pistol   3.3"   07/05/2023
Heckler & Koch   P2000-V3 9mm - Cobalt   9mm   Pistol   3.3"   07/05/2023
Heckler & Koch   P2000-V3 9mm - RAL8000   9mm   Pistol   3.3"   07/05/2023
Sturm, Ruger & Co.   SP101, 05784A   327   Revolver   3"   06/29/2023
Sturm, Ruger & Co.   LCP II 13747*   .22 LR   Pistol   2.75"   06/14/2023
Colt   ANACONDA (ANACONDA-SP8RTS)   .44 Magnum   Revolver   8"   06/13/2023
Colt   ANACONDA (ANACONDA-SP6RTS   .44 Magnum   Revolver   6"   06/13/2023
Smith & Wesson   SKU13331   350 Legend   Revolver   7.5"   05/30/2023
Sturm, Ruger & Co.   MARK IV-40183*   .22 LR   Pistol   5.5"   05/24/2023
Sturm, Ruger & Co.   SR22P-03657*   .22 LR   Pistol   3.5"   05/24/2023
Juggernaut Tactical   JT-9 SSP   9mm   Pistol   8.5"   05/18/2023
« Last Edit: January 12, 2025, 08:53:30 AM by Live Life »

Ben

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Re: Second Amendment/ATF related cases
« Reply #101 on: January 12, 2025, 09:15:34 AM »
^^^^

Having been out of CA for a while now, I am curious about the guns being added. I recall you already said that the magazine disconnect regulation is no longer valid, but are there still CA-specific requirements for pistols added to the list other than the ten round mags? For example, I remember that if it was the exact same pistol other than one was blue and one was OD, both colors would have to be submitted for "safety" testing. Are rules like that still in place, or more importantly, rules that require the CA guns to be mechanically different than the same gun sold in the rest of the country?
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Re: Second Amendment/ATF related cases
« Reply #102 on: January 12, 2025, 09:31:45 AM »
Adding to CA Handgun Roster due to Boland v Bonta (CA handgun roster) and Renna v Bonta (CA Unsafe Handgun Act/Handgun roster) - https://armedpolitesociety.com/index.php?topic=70249.msg1460936#msg1460936

are there still CA-specific requirements for pistols added to the list other than the ten round mags?

... submitted for "safety" testing. Are rules like that still in place, or more importantly, rules that require the CA guns to be mechanically different than the same gun sold in the rest of the country?

No, but you may see "CA approved" added to sales listing due to 10 round magazine capacity limit (Which is likely to go away as soon as Duncan case reaches Supreme Court or majority justices review and rule on magazine capacity ban case, whichever comes first).  So as long as make/model numbers match, they are CA legal.

Previous requirements of magazine disconnect mechanism, loaded chamber indicator and micro stamping are no longer applicable due to Boland/Renna court injunctions.

Law enforcement/military importation/transfer exemptions still apply - https://oag.ca.gov/firearms/exemptpo

So only firing/safety/drop testing applies - https://oag.ca.gov/firearms/certified-handguns/search
Quote
As of January 1, 2001, no handgun may be manufactured within California, imported into California for sale, lent, given, kept for sale, or offered/exposed for sale unless that handgun model has passed firing, safety, and drop tests and is certified for sale in California by the Department of Justice.

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Re: Second Amendment/ATF related cases
« Reply #103 on: January 12, 2025, 10:48:21 AM »
Update to AW/magazine ban - https://armedpolitesociety.com/index.php?topic=70249.msg1460857#msg1460857

Arnold v Kotek (OR magazine ban/permit to purchase) NOTE: This is state case under Oregon constitution regarding Measure 114 ban on magazine capacity and permit to purchase process - https://armedpolitesociety.com/index.php?topic=70249.msg1458019#msg1458019

- Oregon Measure 114 ... was recently ruled unconstitutional and struck down in its entirety ... issued permanent injunction
- State of Oregon is currently attempting to remove that permanent injunction through the appeals process
- Case was just heard in ... Oregon court of appeals ... asked to remove and reverse that permanent injunction

Oregon judge signs final order striking down voter-approved gun control law - https://www.centraloregondaily.com/archives/central-oregon-daily/oregon-judge-signs-final-order-striking-down-voter-approved-gun-control-law/article_f66fd725-d78a-5f00-be8a-48cf7b6a8e9b.html

- Measure 114 required criminal background check/gun safety training for permit to purchase firearm and banned larger than 10 round capacity magazines
- Harney county circuit court judge Robert Raschio signed the general judgment, final order striking down Measure 114
- The judgment finalizes the opinion Raschio issued in November finding the law violated the right to bear arms under the Oregon constitution - https://apnews.com/article/oregon-gun-law-trial-d67946a7d8c3075a14bbdd09bad26203
- Oregon AG Ellen Rosenblum plans to appeal the ruling


Federal Oregon Measure 114 cases FPC backed OFF v Brown and Fitz v Rosenblum (OR magazine ban/permit to purchase) and NRA/NSSF/OSSA backed Eyre v Rosenblum (OR magazine ban/permit to purchase) along with Fitz v Rosenblum/Azzopardi v Rosenblum have been consolidated and at the 9th Circuit waiting on 9th Circuit En Banc ruling on Duncan v Bonta (CA magazine ban) - https://assets.nationbuilder.com/firearmspolicycoalition/pages/6664/attachments/original/1703006950/2023.12.19_018_ORDER_Staying_Cases.pdf?1703006950


FPC attorney Anthony Miranda discuss Oregon Measure 114 related state and federal cases - https://www.youtube.com/watch?v=JUCbGMpgGlc

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Re: Second Amendment/ATF related cases
« Reply #104 on: January 12, 2025, 04:54:27 PM »
Adding to ATF - Pistol Brace updates (Previous post has all the email/letters sent between GOA and ATF) - https://armedpolitesociety.com/index.php?topic=70249.msg1460872#msg1460872

GOA pinned response to ATF on X (formerly Twitter) with Trump's promise to rescind pistol brace Rule within the first week, maybe first day (5:45 minute of video) - https://x.com/GunOwners/status/1877780812134756808

Washington Gun Law President, William Kirk, discusses the ATF's last gasp of air as they once again try to enforce, their now defunct pistol brace Rule - https://www.youtube.com/watch?v=Z6I9d4WWDuo
Quote
Why Does ATF Still Want to Enforce the Pistol Brace Rule?

Wait, why are we talking about the ATF Pistol Brace Rule again?  Isn't that Rule dead? 

This time, ATF has determined that a pistol with an attached stabillizing brace is a short barrel rifle. 

Did they use their unlawful Rule to determine this? 

Well, ATF is claiming that they are just interpreting the statute that way, which the last time I checked that is how they formulated to pistol brace Rule.  So understand that ATF is now claiming that they are not following their Rule, but just all the logic that generated that Rule to begin with.

- We're talking about the pistol brace Rule ... I thought that was dead?
- I thought it was dead also

- You know, in certain instances, you may be able to submit items to the ATF to get basically an advisory opinion as to the legality of those items
- Well, a member of the Gun Owners of America decided to send in a normal pistol with an attached stabilizing brace to get a determination from the ATF as to whether or not that was legal or not
- But guess what? ATF said ... ATF has determined that pistol with an attached stabilizing brace actually constitutes a short barrel rifle
- Now, per a very terse letter sent to the ATF by Erich Pratt ... Executive Vice President of Gun Owners of America
- He accused the ATF of the following that their determination is (i) at odds with the opinions of various courts that have considered the Rule, (ii) likely in violation of various injunctions against ATF's enforcement of the Rule, and (iii) in conflict with the statute and even the Final Rule itself.
- But I know what many of you are asking is ... Hey, isn't that rule dead?  Wasn't there some cases out there that actually basically said that ATF had far exceeded their authority, had no absolute statutory authority at all to make that rule?
- Well yeah there was and in fact, we've talked about Mock v Garland, FRAC v Garland, Britto v ATF and there is also the cases of Watterson v ATF and Colon v ATF
- And what does every single one of those cases have in common?
- Every single one of those cases has found unequivocally that the ATF did not have statutory authority to regulate pistols with attached stabilizing braces, they did not have the statutory authority to redefine them as short barrel rifles, and therefore, the rule making order was outside of both constitutional and statutory authority

- Many of those rulings also said that there was not a logical outgrowth and some of you may recall, when ATF was first kicking this idea around their form 4999, which everyone freaked out about, everyone commented on
- So then when ATF finally published their final pistol brace rule, it had no resemblance whatsoever to the Rule that had been proposed, the one that the public had commented on and therefore, in many of these cases the Rule was thrown out on those grounds as well
- So how is the ATF actually getting away with this? Because the Rule is dead
- Well, the ATF is not necessarily citing to the Rule ... They're just saying that we now interpret the federal definition of short barrel rifle to encapsulate these types of firearms
- But many of you would say, well isn't that exactly what the Rule did? That's exactly what the Rule did
- So this is an agency who, although they know their Rule is "Dead on Arrival", although they know that, they have had multiple courts now throw that Rule out on its ass, throw it to the dust, where it belongs
- ATF has taken the position that they nonetheless get to interpret the statute consistent with their rule making order and for that reason, they could still find that any pistol with an attached stabilizing brace constitutes an SBR
- Now Erich Pratt, again senior vice president over at Gun Owners of America has sent a scathing letter to the ATF ... Good on you Erich, nice work
- But this is what I want you to think about America because we're having this debate right now about whether or not we should just scrap the ATF all together or with a more refined and fine-tuned ATF be more advantageous to the advancement of Second Amendment rights
- But then again every time we're having this conversation, we get stories like this gentleman right here that we already did a video on and now we get a story about an agency that even though their rule making order has been slammed down their throat multiple times, they continue to perpetuate this ridiculous interpretation of the statute
- Ultimately, we cannot get to January 20th soon enough where some of this insanity can stop
- The ATF can go back into the garage where it belongs but in the long run, one of the last dying breaths of a renegade agency, their waterloo, the hill that they may actually choose to die on will ultimately be their pistol brace Rule
« Last Edit: January 12, 2025, 06:48:29 PM by Live Life »

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Re: Second Amendment/ATF related cases
« Reply #105 on: January 13, 2025, 10:34:49 AM »
Update to AW/magazine ban - https://armedpolitesociety.com/index.php?topic=70249.msg1460857#msg1460857

Mark [Smith] posted ... some or all four 2A cases could be relisted on Monday to be conferenced again next Friday night. (Bruen case was relisted multiple times)

Update from Second Amendment Foundation Executive Director Adam Kraut (While Gray v Jennings cert was denied, posted Snope v Brown could be relisted) - https://x.com/theadamkraut/status/1878812245658087567
Quote
The Supreme Court has denied cert in @2AFDN's appeal from a denial of a preliminary injunction in Gray v. Jennings stemming from DE's AWB and Mag Ban.

Snope v. Brown not on the order list ... It'll likely get relisted later today.

(ORDER LIST: 604 U.S.) - https://www.supremecourt.gov/orders/courtorders/011325zor_5425.pdf
Quote
MONDAY, JANUARY 13, 2025

CERTIORARI DENIED

24-309 GRAY, GABRIEL, ET AL. V. JENNINGS, ATT'Y GEN. DE, ET AL.

Update from Mark Smith - https://x.com/fourboxesdiner/status/1878813627706200551
Quote
BREAKING 2A SCOTUS: SCOTUS denied cert in Md Shall Issue (licensing issue) and Gray v. Jennings.  However, looks like Snope (AR-15 ban) and Ocean State Tactical (magazine ban) will be relisted later today. This means semi-auto rifle ban issue is still alive & well so, on balance, I am okay with this so far.

< Why did they reject cert on the Delaware AWB? >
I suspect they rejected cert in the DE Gray v. Jennings case because it was dealing with the proper application of Preliminary Injunction standards in a 2A case. So, it dealt more with process than the substance of 2A.

< The two most important ones. The Snope is the most important but the OST is a big one too >
My guess: if they grant cert in one of these cases, they will grant cert in Snope and hold in abeyance Ocean State Tactical; And then GVR Ocean State Tactical after they decide Snope this June.

< Why the continued delays for Snope? >
We hope that SCOTUS has decided to grant cert in Snope and/or Ocean State, and that they are spending this week reviewing the cases for procedural or jurisdictional defects. This defect check is standard operating procedure for SCOTUS if they intend to grant cert in a case. It usually takes 1 to 2 weeks to conduct the check
« Last Edit: January 13, 2025, 11:23:35 AM by Live Life »

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Re: Second Amendment/ATF related cases
« Reply #106 on: January 13, 2025, 03:43:08 PM »
Update to AW/magazine ban - https://armedpolitesociety.com/index.php?topic=70249.msg1461054#msg1461054

Update from Second Amendment Foundation Executive Director Adam Kraut ...

Snope v. Brown not on the order list ... It'll likely get relisted later today.

And Snope got relisted.

Adam Kraut - https://x.com/theadamkraut/status/1878843366227787890
Quote
Snope v. Brown relisted for Conference 1/17.

@MorosKostas, @fourboxesdiner, @2AFDN

Well they didn't make a decision on this one. So either a cert grant or denial...or another relist. The others were different topics (preliminary injunction element and handgun purchase licenses) so I don't think that has any bearing on these.

If a denial, I'd venture to say that you'd likely get a fiery dissent from at least one justice (Thomas).

How's that for the lawyer answer of "it depends."

Honestly, everyone tries to read the tea leaves at SCOTUS. They're going to do whatever they're going to do. Smarter people than myself guess and get it wrong.

There are some stats out there as to probability of grant or denial with the number of times it is relisted (I don't know what they are off hand).

... Some of you were asking about what does the Supreme Court's decision to relist Snope v. Brown mean.

As I've said, I don't try to guess what the Court will do. But there are stats which have been compiled (albeit 2022).

Hat tip to @rpstrimple for looking for them. Saved me some time since I'm putting together CLE Materials to present at @SafariClubIntl's CLE (https://safariclub.org/advocacy-events-at-sci-convention/) next Friday.

Mark Smith - https://x.com/fourboxesdiner/status/1878855268488130787
Quote
Perfect

Kostas Moros - https://x.com/MorosKostas/status/1878867259495706663
Quote
I've been plenty bearish on SCOTUS news lately do to my frustrations with the Court's timidity on 2A, but here is the bullish interpretation of today's news:

They denied cert on two 2a petitions, so if they wanted to deny cert in Snope, they could have. And while relists could mean someone is writing a dissent from denial of cert, that doesn't explain why Ocean State Tactical survived too. That one is a magazine case only (no AWB), so easy enough to deny that one too and let Thomas and whoever else write their dissents on Snope.

Fingers crossed. I hope the bulls win.


... To clarify - the reason it would be weird to not just deny cert in Ocean State Tactical and let dissents be written in Snope alone is because unlike Snope, Ocean State Tactical is a preliminary injunction appeal.

As this SCOTUS has made frustratingly clear, they don't care about 2A preliminary injunctions. So the only reason Ocean State Tactical would survive, you would think, is if they intend to GVR it after deciding Snope. GVRs are the only exception lately on 2A preliminary injunction petitions always being denied.

So that's the bull case for why Snope will be granted
, based on this dumb game of tea leaf reading.

If they do deny it, they are sadists for making us suffer through this.

SAF - https://x.com/2AFDN/status/1878815232212205967
Quote
Also on today's order list was a denial of cert in MSI v. Moore. Our friends at
@MD_Shall_Issue challenged the constitutionality of Maryland's Handgun Qualification License (HQL) - a license necessary to purchase a handgun in Maryland. Maryland Shall Issue prevailed in front of a panel in the 4th Circuit post-Bruen. The 4th Circuit then ordered en banc rehearing and upheld the constitutionality of the HQL.

CERT DENIED IN MAJOR 2A CASES... SCOTUS denied cert in two major 2A cases - https://www.youtube.com/watch?v=OCuMLjp3oHw&t=190s
Quote
0:00 Cert Denied In Major 2A Cases - https://www.youtube.com/watch?v=OCuMLjp3oHw&t=0s
2:20 Silence Speaks Volumes - https://www.youtube.com/watch?v=OCuMLjp3oHw&t=140s
3:57 What We Should Be Cheering For... - https://www.youtube.com/watch?v=OCuMLjp3oHw&t=237s
5:01 What I Am Concerned About - https://www.youtube.com/watch?v=OCuMLjp3oHw&t=301s
6:10 Where We Stand Now... - https://www.youtube.com/watch?v=OCuMLjp3oHw&t=370s
« Last Edit: January 13, 2025, 04:03:17 PM by Live Life »

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Re: Second Amendment/ATF related cases
« Reply #107 on: January 13, 2025, 09:24:14 PM »
Fun fact ... Why is Mark Smith's YT channel called "Four Boxes Diner"?
Quote
Four boxes of liberty: Cartridge box/arms, Jury box/justice, Ballot box/voting and Soap box/free speech

BIG WIN IN GUN TAX CASE... Today gun owners won an important victory under Illinois state law in the Guns Save Life v. Cook County case - https://www.youtube.com/watch?v=1tRsb0MzTsg
Quote
0:00 Big 2A Win! - https://www.youtube.com/watch?v=1tRsb0MzTsg&t=0s
1:58 Targeted Tax on Constitutional Rights Issue - https://www.youtube.com/watch?v=1tRsb0MzTsg&t=118s
4:22 IL State Constitution Uniformity Clause - https://www.youtube.com/watch?v=1tRsb0MzTsg&t=262s
7:23 The Bad News... - https://www.youtube.com/watch?v=1tRsb0MzTsg&t=443s
« Last Edit: January 13, 2025, 09:45:09 PM by Live Life »

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Re: Second Amendment/ATF related cases
« Reply #108 on: January 13, 2025, 09:44:32 PM »
Update to Carry ban cases - https://armedpolitesociety.com/index.php?topic=70249.msg1459601#msg1459601

Adding to Bruen methodology applied to other cases where Bruen methodology reaffirmed in Rahimi was properly applied in this case ruling - https://armedpolitesociety.com/index.php?topic=70249.msg1459075#msg1459075

Update to Lara v Paris (PA 18-20 carry ban) - https://www.firearmspolicy.org/lara

3rd Circuit has reaffirmed its opinion striking down Pennsylvania's law banning 18-20-year-olds from open carrying during states of emergency. The Supreme Court previously sent the case back to be reheard in light of Rahimi - https://x.com/gunpolicy/status/1878906465962065937

Ruling - https://assets.nationbuilder.com/firearmspolicycoalition/pages/5782/attachments/original/1736801070/2025.01.13_118_OPINION.pdf?1736801070
Quote
Bruen thus reminds us that laws enacted in the late-19th century “do not provide as much insight into” the original meaning of the right to keep and bear arms as do earlier sources ... And “postratification adoption or acceptance of laws that are inconsistent with the original meaning of the [Second Amendment] obviously cannot overcome or alter that text.”

... The Supreme Court has counseled “against giving postenactment history more weight than it can rightly bear,” (Bruen) and given its irreconcilable conflict with the Founding-era laws, the Commissioner’s catalogue of statutes from the mid-to-late nineteenth century can bear none.

CONCLUSION

For the foregoing reasons, and having considered the Supreme Court’s analysis in Rahimi, we maintain our decision to reverse the District Court’s judgment and remand with instructions to enter an injunction forbidding the Commissioner from arresting law-abiding 18-to-20-year-olds who openly carry firearms during a state of emergency declared by the Commonwealth.

SAF WINS CHALLENGE TO PENNSYLVANIA CARRY BAN FOR YOUNG ADULTS - https://saf.org/saf-wins-challenge-to-pennsylvania-carry-ban-for-young-adults/
Quote
The Second Amendment Foundation has won a victory for young adults in Pennsylvania, where a panel of the Third U.S. Circuit Court of Appeals ruled 2-1 to remand the case back to the District Court with instructions to enter an injunction forbidding the state police from arresting law-abiding 18-20-year-olds for openly carrying firearms during a declared state of emergency.

The case is known as Madison Lara v. Commissioner Pennsylvania State Police.

Joining SAF in the case are the Firearms Policy Coalition and three private citizens, including Lara, for whom the case is named. They are represented by attorneys Peter Paterson, Haley N. Proctor, David H. Thompson and John D. Ohlendorf at Cooper & Kirk in Washington, D.C. and Joshua Prince at Civil Rights Defense Firm, P.C., in Bechtelsville, Pa.

It is the second time the Third Circuit has ruled in SAF’s favor on this case. After the initial ruling, the state appealed to the U.S. Supreme Court which, in turn, remanded the case back to the Third Circuit to reconsider in light of the high court’s recent ruling in Rahimi. The Third Circuit determined that Rahimi changed nothing about their analysis and once again ruled for the plaintiffs. The circuit court then ordered the District Court to enter an injunction in SAF’s favor.

Writing for the majority, Circuit Judge Kent A. Jordan, a George W. Bush appointee, noted, “It is undisputed that 18-to-20-year-olds are among ‘the people’ for other constitutional rights such as the right to vote, freedom of speech, the freedom to peaceably assemble and to petition the and the right against unreasonable searches and seizures. We therefore reiterate our holding that 18-to-20-yearolds are, like other subsets of the American public, presumptively among ‘the people’ to whom Second Amendment rights extend.”

Judge Jordan was joined by Judge D. Brooks Smith, another Bush appointee. Judge L. Felipe Restrepo, a Barack Obama appointee, dissented.

“SAF has maintained all along that 18-20 year olds are unquestionably part of ‘the people’ contemplated by the Second Amendment who have the same rights to keep and bear that any other adult has,” said SAF Director of Legal Operations Bill Sack. “The Third Circuit already agreed with us once, and today it reaffirmed its decision, finding that the Rahimi decision from the Supreme Court changes precisely nothing.”

“There is no language in the Second Amendment that applies only to some age-exclusive subset of the people,” SAF founder and Executive Vice President Alan M. Gottlieb observed. “We’re delighted the Third Circuit once again has ruled in our favor, and we will continue defending that position.”

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Re: Second Amendment/ATF related cases
« Reply #109 on: January 14, 2025, 02:57:23 PM »
Update to Ammunition Restriction and expanding to Importation of arms/ammo - https://armedpolitesociety.com/index.php?topic=70249.msg1458676#msg1458676

Republicans take aim at easing imports of sporting guns and ammo - https://www.msn.com/en-us/news/politics/republicans-take-aim-at-easing-imports-of-sporting-guns-and-ammo/ar-BB1rs8UC

Quote
Washington Examiner - EXCLUSIVE: Sen. James Risch (R-ID) will introduce legislation Tuesday designed to weaken the ability of the Bureau of Alcohol, Tobacco, Firearms, and Explosives to block imports of firearms and ammunition designated for “sporting purposes.”

Dubbed the Sporting Firearms Access Act, which was first shared with the Washington Examiner, the bill would amend the Gun Control Act of 1968 to define “sporting purposes” for authorized imports to include hunting, target shooting, and competitions. This would prevent the ATF from “arbitrarily” restricting firearms.

Risch, chairman of the Senate Foreign Affairs Committee, criticized current regulations as a “chokehold on law-abiding gun owners’ Second Amendment rights.”

“Barring the import of firearms for legal sporting activities is bureaucratic red tape at its finest,” Risch said. “My Sporting Firearms Access Act sets the ATF's definition of sporting purposes straight to ensure Idaho’s hunters, skeet shooters, and sportsmen are not denied the import of firearms or ammunition to enjoy these pastimes.”

The Gun Control Act of 1968 generally only allows the imports of certain firearms for sporting purposes and was enacted after the assassinations of President John F. Kennedy, Attorney General Robert F. Kennedy, and Dr. Martin Luther King, Jr.

Gun advocacy groups such as the Congressional Sportsmen’s Foundation and the National Shooting Sports Foundation endorsed Risch's proposal, saying it would offer clarity to the law that governs millions of imported firearms each year.

“Many of the preferred firearms used by sportsmen and women across the country are imported from other countries for use in hunting and recreational shooting, and this legislation provides needed clarifications that firearms for these activities are lawful importations,” said Jeff Crane, president and CEO of the Congressional Sportsmen’s Foundation.

Democrats have long opposed such a change and advocated that President Joe Biden direct the ATF to further restrict imports under the agency’s “sporting purposes” authority.

Dozens of Democrats cited in a 2023 letter to Biden that the ATF had not reviewed the eligible shotguns for over a decade and eligible rifles in over 20 years. They said technological advances warranted more import restrictions.

“The White House should direct ATF to review the lists of firearms, firearm parts, and related accessories being imported under the ‘sporting purposes’ exception to determine whether those products are still used for legitimate sporting purposes by law-abiding citizens and thus still satisfy the standard for that exception,” the Democrats wrote. “If they do not, ATF should ban their import.”

Original co-sponsors of Risch’s bill include a dozen Republicans: Sens. Cynthia Lummis (R-WY), Bill Cassidy (R-LA), Rick Scott (R-FL), John Cornyn (R-TX), Steve Daines (R-MT), Roger Wicker (R-MS), Roger Marshall (R-KS), Tim Sheehy (R-MT), Thom Tillis (R-NC), Mike Crapo (R-ID), Pete Ricketts (R-NE), and Ted Budd (R-NC).

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Re: Second Amendment/ATF related cases
« Reply #110 on: January 14, 2025, 03:43:36 PM »
Update to CA Handgun Roster due to Boland v Bonta (CA handgun roster) and Renna v Bonta (CA Unsafe Handgun Act/Handgun roster) *Link has list of removed handguns - https://armedpolitesociety.com/index.php?topic=70249.msg1460936#msg1460936

Girsan/EAA MC P35 "Liberador" added to the roster. =D



Recently Added Handgun Models (105 added since Boland 3/20/23 and Renna 4/3/23 v Bonta preliminary injunctions) 👍 - https://oag.ca.gov/firearms/certified-handguns/recently-added

Quote
An asterisk (*) next to the model name below indicates that the handgun was added pursuant to the court's order in Boland v. Bonta.

Manufacturer   Model   Caliber   Gun Type      Date Added
Girsan/EAA   MC P35 CAL LIBERADOR*   9MM   Pistol   4.87"   01/14/2025
Shadow Systems   XR920 SS-3039-CA*   9MM   Pistol   3.75"   01/01/2025
Smith & Wesson   M&P9 Shield Plus (Purple Frame)-14299*   9MM   Pistol   3.1"   01/01/2025
Rost Martin   RM1C FDE OSP*   9MM   Pistol   4"   01/01/2025
Colt   PYTHON (PYTHON-BP6WTS)   .357 Magnum   Revolver   6"   01/01/2025
Rost Martin   RM1C GRAY OSP*   9MM   Pistol   4"   01/01/2025
Henry Repeating Arm   H016GD   .22 S/L/LR   Revolver   4"   01/01/2025
Shadow Systems   DR920P SS-2239-CA*   9MM   Pistol   4.5"   01/01/2025
Smith & Wesson   M&P9 Shield Plus (Pink Slide)-14298*   9MM   Pistol   3.1"   01/01/2025
Shadow Systems   MR920 SS-1039-CA*   9MM   Pistol   3.75"   01/01/2025
Smith & Wesson   M&P9 Shield Plus (SLV/REB)-14297*   9MM   Pistol   3.1"   01/01/2025
Colt   PYTHON (PYTHON-BP4WTS)   .357 Magnum   Revolver   4.25"   01/01/2025
Rost Martin   RM1C BLACK OSP*   9MM   Pistol   4"   12/04/2024
FMK Firearms   9C1 G3 (Black)*   9MM   Pistol   4"   12/03/2024
Sturm, Ruger & Co.   LCP MAX 13748*   380 Auto   Pistol   2.80"   11/26/2024
Heckler & Koch   VP9 UPC 642230267961*   9mm   Pistol   4.09"   11/20/2024
Heckler & Koch   VP9 UPC 642230267947*   9mm   Pistol   4.09"   11/20/2024
Heckler & Koch   VP9L UPC 642230267985*   9mm   Pistol   5"   11/20/2024
Heckler & Koch   VP9SK UPC 642230268005*   9mm   Pistol   3.39"   11/20/2024
Sig Sauer   365XL-9-ROSE-MS-CA*   9mm   Pistol   3.1"   10/30/2024
Century Arms Inc.   METE MC9*   9mm   Pistol   3.2"   10/08/2024
North American Arms   NAA-PUG-D   .22 Mag   Revolver   1"   08/13/2024
Sturm, Ruger & Co.   LCRx-05439B   .22 WMRF   Revolver   1.87"   07/17/2024
Smith & Wesson   SD9 VE-11907*   9mm   Pistol   4"   07/16/2024
Kimber   RAPIDE (DAWN)(9MM)*   9mm   Pistol   5"   07/03/2024
Kimber   RAPIDE (DAWN)(45ACP)*   .45 ACP   Pistol   5"   07/03/2024
Kimber   CUSTOM LW (SHADOW GHOST)(9MM)*   9mm   Pistol   5"   07/03/2024
Kimber   CUSTOM LW (SHADOW GHOST)(45ACP)*   .45 ACP   Pistol   5"   07/03/2024
Smith & Wesson   SW22 VICTORY SKU 108490*   .22 LR   Pistol   5.5"   06/12/2024
Springfield Armory   Hellcat-Stainless HC9319SOSPCA*   9mm   Pistol   3"   06/11/2024
Springfield Armory   Hellcat Pro- Stainless HCP9379SOSPCA*   9mm   Pistol   3.7"   06/11/2024
Sturm, Ruger & Co.   SP101-05765A   .22 LR   Revolver   4.2"   05/21/2024
Sig Sauer   320XF-9-BXR3P-MS-CA*   9mm   Pistol   4.7"   05/16/2024
Sig Sauer   320X5-9-LEGION-MS-CA*   9mm   Pistol   5"   05/16/2024
Sig Sauer   365XCA-9-COMP-MS-CA*   9mm   Pistol   3.1"   05/16/2024
Kahr Arms   CW90G93/CW90G93N   9mm   Pistol   3.5"   05/07/2024
Standard Manufacturing Co.   S333 THUNDERSTRUCK GEN III   .22 WMR   Revolver   2.25"   05/07/2024
Springfield Armory   XD-M Elite Compact 3.8 OSP-CA*   9mm   Pistol   3.8"   04/03/2024
Springfield Armory   XD-M Elite 4.5 OSP-CA*   9mm   Pistol   4.5"   04/03/2024
Springfield Armory   XD-M Elite 3.8 OSP-CA*   9mm   Pistol   3.8"   04/03/2024
Girsan (Imported by European American Armory Corporation)   MC P35*   9mm   Pistol   4.87"   04/02/2024
Walther   P22 CA (Grey Slide) Grey Grip   .22 LR   Pistol   3.42"   03/08/2024
Browning   Buck Mark Medallion Rosewood*   .22 LR   Pistol   5.5"   03/05/2024
Browning   Buck Mark Micro Bull*   .22 LR   Pistol   4"   03/05/2024
Taurus   2-85621ULC31NS   .38 Special   Revolver   2"   02/22/2024
Smith & Wesson   M&P9 Shield (OD) SKU 14016/Stainless Steel;Polymer   9mm   Pistol   3"   02/09/2024
Smith & Wesson   M&P9 Shield (OD) SKU 14015/Stainless Steel;Polymer   9mm   Pistol   3"   02/09/2024
Colt   PYTHON (PYTHON-SP5WTS)   .357 Mag   Revolver   5"   02/06/2024
Colt   PYTHON (PYTHON-SP2WCTS)   .357 Mag   Revolver   2.5"   02/06/2024
Heckler & Koch   VP9*   9mm   Pistol   4.09"   01/31/2024
Heckler & Koch   VP9L OR*   9mm   Pistol   5"   01/31/2024
Heckler & Koch   VP9 OR*   9mm   Pistol   4.09"   01/31/2024
Heckler & Koch   VP9SK OR*   9mm   Pistol   3.39"   01/31/2024
Sturm, Ruger & Co.   LCRX-05437B   .22 WMRF   Revolver   3"   01/11/2024
Sturm, Ruger & Co.   SP101-05773A   .327 Fed Magnum   Revolver   4.2"   01/11/2024
Sturm, Ruger & Co.   SUPER REDHAWK - 05526   .22 Hornet   Revolver   9.5"   01/11/2024
Sturm, Ruger & Co.   MARK IV - 40187   22 LR   Pistol   5.5"   01/04/2024
Taurus   2-856P39   .38 Special   Revolver   3"   01/04/2024
Taurus   2-605P39   .357 Mag   Revolver   3"   01/04/2024
Henry Repeating Arm   H017BDM   .38 Spl/.357 Mag   Revolver   4"   01/04/2024
Smith & Wesson   M&P9 M2.0 - 14033*   9mm   Pistol   4.25"   11/16/2023
Smith & Wesson   M&P9 M2.0 Compact - 14032*   9mm   Pistol   4"   11/16/2023
Smith & Wesson   M&P9 Shield Plus - 14031*   9mm   Pistol   3.1"   11/16/2023
Springfield Armory   XDM Elite*   9mm   Pistol   4.5"   11/16/2023
Springfield Armory   Hellcat Pro*   9mm   Pistol   3.7"   11/16/2023
Springfield Armory   Hellcat*   9mm   Pistol   3"   11/16/2023
Colt   ANACONDA (ANACONDA-SP4RTS)   44 Magnum   Revolver   4.25"   11/16/2023
Kimber   K6XS Carry   .38 Special +P   Revolver   2"   11/16/2023
Sig Sauer   365-9-BXR3P-MS-CA*   9mm   Pistol   3.1"   11/02/2023
Henry Repeating Arm   H017GDM   .38Spl/.357Mag   Revolver   4"   09/19/2023
Charter 2000   14423 Bulldog (Grip Rose wood)   .44 Special   Revolver   4"   09/19/2023
Juggernaut Tactical   JT-9 SSP-DFDE   9mm   Pistol   8.5"   08/08/2023
FMK Firearms   9C1 Gen II (OD Green)   9mm   Pistol   3.87"   08/08/2023
Juggernaut Tactical   JT-9 SSP-OD   9mm   Pistol   8.5"   08/08/2023
FMK Firearms   9C1 Gen II (OD Green)(w/Polished Barrel)   9mm   Pistol   3.87"   08/08/2023
FMK Firearms   9C1 Gen II (Dark Grey)(w/Polished Barrel)   9mm   Pistol   3.87"   08/08/2023
Juggernaut Tactical   JT-9 SSP-DBB   9mm   Pistol   8.5"   08/08/2023
FMK Firearms   9C1 Gen II (FDE)   9mm   Pistol   3.87"   08/08/2023
Juggernaut Tactical   JT-9 SSP-DAF   9mm   Pistol   8.5"   08/08/2023
FMK Firearms   9C1 Gen II (Burnt Bronze)   9mm   Pistol   3.87"   08/08/2023
FMK Firearms   9C1 Gen II (Blue Jay)(w/Polished Barrel)   9mm   Pistol   3.87"   08/08/2023
Juggernaut Tactical   JT-9 SSP-DRD   9mm   Pistol   8.5"   08/08/2023
FMK Firearms   9C1 Gen II (FDE)(w/Polished Barrel)   9mm   Pistol   3.87"   08/08/2023
Juggernaut Tactical   JT-9 SSP-DTAF   9mm   Pistol   8.5"   08/08/2023
FMK Firearms   9C1 Gen II (Pink/Raspberry)(w/Polished Barrel)   9mm   Pistol   3.87"   08/08/2023
Juggernaut Tactical   JT-9 SSP-SG   9mm   Pistol   8.5"   08/08/2023
FMK Firearms   9C1 Gen II (Burnt Bronze)(w/Polished Barrel)   9mm   Pistol   3.87"   08/08/2023
FMK Firearms   9C1 Gen II (Blue Jay)   9mm   Pistol   3.87"   08/08/2023
Juggernaut Tactical   JT-9 SSP-FDEC   9mm   Pistol   8.5"   08/08/2023
FMK Firearms   9C1 Gen II (Pink/Raspberry)   9mm   Pistol   3.87"   08/08/2023
Juggernaut Tactical   JT-9 SSP-BB   9mm   Pistol   8.5"   08/08/2023
FMK Firearms   9C1 Gen II (Dark Grey)   9mm   Pistol   3.87"   08/08/2023
FMK Firearms   9C1 Gen II (Titianium Grey)(w/Polished Barrel)   9mm   Pistol   3.87"   08/08/2023
Juggernaut Tactical   JT-9 SSP-GRC   9mm   Pistol   8.5"   08/08/2023
FMK Firearms   9C1 Gen II (Black)(w/Polished Barrel)   9mm   Pistol   3.87"   08/08/2023
Juggernaut Tactical   JT-9 SSP-FDE   9mm   Pistol   8.5"   08/08/2023
FMK Firearms   9C1 Gen II (Black)   9mm   Pistol   3.87"   08/08/2023
FMK Firearms   9C1 Gen II (Titanium Grey)   9mm   Pistol   3.87"   08/08/2023
Sturm, Ruger & Co.   Max-9 03518*   9mm   Pistol   3.2"   08/03/2023
Armscor Precision   M1911 A1 FS PSA Standard (AS) (57007)   .45 ACP   Pistol   5"   08/01/2023
Sig Sauer   320CA-9-M18-MS-CA*   9mm   Pistol   3.9"   07/13/2023
Heckler & Koch   P2000-V3 9mm - GRN/Tungsten   9mm   Pistol   3.3"   07/05/2023
Heckler & Koch   P2000-V3 9mm - FDE/Tungsten   9mm   Pistol   3.3"   07/05/2023
Heckler & Koch   P2000-V3 9mm - Tungsten   9mm   Pistol   3.3"   07/05/2023
Heckler & Koch   P2000-V3 9mm - Cobalt   9mm   Pistol   3.3"   07/05/2023
Heckler & Koch   P2000-V3 9mm - RAL8000   9mm   Pistol   3.3"   07/05/2023
Sturm, Ruger & Co.   SP101, 05784A   327   Revolver   3"   06/29/2023
Sturm, Ruger & Co.   LCP II 13747*   .22 LR   Pistol   2.75"   06/14/2023
Colt   ANACONDA (ANACONDA-SP8RTS)   .44 Magnum   Revolver   8"   06/13/2023
Colt   ANACONDA (ANACONDA-SP6RTS   .44 Magnum   Revolver   6"   06/13/2023
Smith & Wesson   SKU13331   350 Legend   Revolver   7.5"   05/30/2023
Sturm, Ruger & Co.   MARK IV-40183*   .22 LR   Pistol   5.5"   05/24/2023
Sturm, Ruger & Co.   SR22P-03657*   .22 LR   Pistol   3.5"   05/24/2023
Juggernaut Tactical   JT-9 SSP   9mm   Pistol   8.5"   05/18/2023

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Re: Second Amendment/ATF related cases
« Reply #111 on: January 14, 2025, 03:56:30 PM »
Update to ATF - Pistol Brace - https://armedpolitesociety.com/index.php?topic=70249.msg1460989#msg1460989

ATF is ignoring the injunction ... saying if it has a brace and a less than 16" barrel it is an SBR
Even the "defiant" CA AG Bonta huffed and puffed but under Boland/Renna preliminary injunctions, ultimately had to comply by allowing addition of new pistols to CA handgun roster
Erich Pratt, Senior VP of GOA sent a demand letter to ATF with response date of 1/14/25 - https://armedpolitesociety.com/index.php?topic=70249.msg1460791#msg1460791

More popcorn. [popcorn]

And ATF "begrudgingly" complies. :rofl:

"US District Court ... stayed the Final Rule ... While the appeal is pending, ATF is complying with the Court's order"

GOA - https://x.com/GunOwners/status/1879245960595021933
Quote
ATF UPDATE: GOA called the ATF’s bluff, and they walked back their threat—albeit begrudgingly.

This rogue agency has no respect for the rights of law-abiding Americans, and we will not rest until they have been completely abolished.


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Re: Second Amendment/ATF related cases
« Reply #112 on: January 14, 2025, 04:31:25 PM »
Adding to efforts to abolish/eliminate ATF as an agency updates - https://armedpolitesociety.com/index.php?topic=70249.msg1460527#msg1460527

:rofl: :rofl: :rofl:

... latest "determination" by ATF is like "Our last stand in protest before you undo all the anti-2A work we have done the past four years" ... Followed by < Insert sound A-10 Warthog makes firing "Brrrrrrrrrrrrrrt" to destroy targets > =D

Latest "determination" is likely to survive only for 10 days and it will be a blip in the radar to become no more
Washington Gun Law President, William Kirk ... We're talking about the pistol brace Rule ... I thought that was dead?

... So how is the ATF actually getting away with this? Because the Rule is dead ... So this is an agency who, although they know their Rule is "Dead on Arrival", although they know that, they have had multiple courts now throw that Rule out on its ass, throw it to the dust, where it belongs

... Ultimately, we cannot get to January 20th soon enough where some of this insanity can stop ... one of the last dying breaths of a renegade agency, their waterloo, the hill that they may actually choose to die on will ultimately be their pistol brace Rule
Quote from: GOA
Since ATF thinks they are above the law & decided they would not comply with NUMEROUS court orders ... we got our legal team involved & sent their bosses another letter.

We're going to force these tyrants to respect the Second Amendment.🔥

And ATF "begrudgingly" complies - https://armedpolitesociety.com/index.php?topic=70249.msg1461228#msg1461228

"US District Court ... stayed the Final Rule ... While the appeal is pending, ATF is complying with the Court's order"

Well, ATF's "last stand" lasted 4 days and I think I heard "Brrrrrrrrrrrrrt". =D

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Re: Second Amendment/ATF related cases
« Reply #113 on: January 14, 2025, 05:47:34 PM »
Update to Ammunition Restriction and Importation of arms/ammo - https://armedpolitesociety.com/index.php?topic=70249.msg1461220#msg1461220

Sen. James Risch (R-ID) will introduce legislation Tuesday ... the Sporting Firearms Access Act ... the bill would amend the Gun Control Act of 1968

Risch Leads Bill to Block ATF’s Ability to Deny Firearm, Ammunition Imports - https://www.risch.senate.gov/public/index.cfm/pressreleases?ID=CFA0785E-D273-4EEE-A66D-98A9A5116EA4

Quote
WASHINGTON - U.S. Senator Jim Risch (R-Idaho) today introduced the Sporting Firearms Access Act to stop the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) from arbitrarily blocking imports of firearms and ammunition.

The Sporting Firearms Access Act clarifies the definition of “sporting purposes” used by the ATF to regulate import of firearms into the U.S. The new definition would recognize firearms and ammunitions used for activities such as hunting, target shooting, and competitions. Under the Gun Control Act of 1968, firearms and ammunition can only be imported if the ATF recognizes it as being suitable for “sporting purposes.” Ambiguity in the law has allowed the ATF to arbitrarily deny imports of firearms by U.S. customers and businesses.

“The ATF will stop at nothing to put a chokehold on law-abiding gun owners’ Second Amendment rights. Barring the import of firearms for legal sporting activities is bureaucratic red tape at its finest,” said Risch. “My Sporting Firearms Access Actsets the ATF’s definition of sporting purposes straight to ensure Idaho’s hunters, skeet shooters, and sportsmen are not denied the import of firearms or ammunition to enjoy these pastimes.”

Risch is joined by U.S. Senators Mike Crapo (R-Idaho), Cynthia Lummis (R-Wyo.), Bill Cassidy (R-La.), Rick Scott (R-Fla.), John Cornyn (R-Texas), Steve Daines (R-Mont.), Roger Wicker (R-Miss.), Roger Marshall (R-Kansas), Tim Sheehy (R-Mont.), Thom Tillis (R-N.C.), Pete Ricketts (R-Neb.), and Ted Budd (R-N.C.) in introducing the Sporting Firearms Access Act.

The Sporting Firearms Access Act would prohibit the ATF from denying items that are substantially similar to those in circulation in the U.S. and require the agency to work with the firearms industry to determine what items are suitable for sporting purposes. The bill also provides an appeals process for wrongful determinations and a means for judicial review.

The Congressional Sportsmen’s Foundation and the National Shooting Sports Foundation support this legislation.

“The Congressional Sportsmen’s Foundation (CSF) thanks Congressional Sportsmen’s Caucus Member Senator Risch for introducing the Sporting Firearms Access Act. Many of the preferred firearms used by sportsmen and women across the country are imported from other countries for use in hunting and recreational shooting, and this legislation provides needed clarifications that firearms for these activities are lawful importations,” said CSF President and CEO Jeff Crane.

“The Sporting Firearms Access Act will bring clarity to the 1968 Gun Control Act and make clear that the ATF sporting-purposes test does not prohibit from importation firearms and ammunition products that can be used for hunting, recreational target shooting and competitive shooting competitions or where similar products are available from U.S. manufacturers for these same purposes,”said Lawrence G. Keane, NSSF Senior Vice President and General Counsel. “Senator Risch’s legislation will ensure that bureaucratic interpretations of the law cannot arbitrarily deny Americans of the ability to legally obtain imported firearms and ammunition for what are clearly sporting purposes. We commend Senator Risch for his leadership and urge passage of this bill.”

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Re: Second Amendment/ATF related cases
« Reply #114 on: January 14, 2025, 05:54:53 PM »
Quote
The new definition would recognize firearms and ammunitions used for activities such as hunting, target shooting, and competitions.

No. The Constitution doesn't have a Fudd clause. They need to amend that language. It's 2025, there's a new Sheriff in town, and predicating our rights on "sporting purposes" can *expletive deleted*ck right off.
"I'm a foolish old man that has been drawn into a wild goose chase by a harpy in trousers and a nincompoop."

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Re: Second Amendment/ATF related cases
« Reply #115 on: January 14, 2025, 06:09:57 PM »
They need to amend that language. It's 2025, there's a new Sheriff in town, and predicating our rights on "sporting purposes" can *expletive deleted*ck right off.
Perhaps they could use "lawful purposes" instead?

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Re: Second Amendment/ATF related cases
« Reply #116 on: January 14, 2025, 06:54:38 PM »
Perhaps they could use "lawful purposes" instead?

Better.  =)

He's my Senator, so I should probably send him an email.
"I'm a foolish old man that has been drawn into a wild goose chase by a harpy in trousers and a nincompoop."

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Re: Second Amendment/ATF related cases
« Reply #117 on: January 14, 2025, 08:00:40 PM »
Update to AW/magazine Ban - https://armedpolitesociety.com/index.php?topic=70249.msg1461113#msg1461113

Update to WA v Gators Guns (WA magazine ban) - https://www.silentmajorityfoundation.org/GatorsGuns

NOTE: This is a state case under WA constitution

My favorite moments at 4:15 minute of argument when justice McCloud states, "So what I am hearing a large capacity magazine is not an arm but a regular capacity magazine is an arm?" :rofl:  And at 5:25 minute, she then asked, "Is magazine with capacity of two cartridges arm?"  When state attorney answers "Magazine itself is not an arm ... just a container for ammunition", she asked, "So under your theory, state can ban a magazine ... with ability to hold two rounds?" :rofl: (This is hilarious like when a federal court judge asked "What makes 11 round magazine dangerous when 10 round magazine is legal[safe]?") :rofl: < Of course, WA state attorney doesn't mention that many federal district courts already ruled magazines are arms protected by the Second Amendment >

If you want to be entertained for 45 minutes, grab a bag of popcorn and listen in.  =D [popcorn]

WA Supreme Court hears arguments in high-capacity magazine ban case - https://www.thecentersquare.com/washington/article_3be2c8d6-d2b0-11ef-97fd-87bdb078a118.html
Quote
The Washington Supreme Court heard arguments Tuesday morning in a high-profile gun rights case that may ultimately be decided by the U.S. Supreme Court.

The case involves a Kelso gun store owner challenging a law that went into effect on July 1, 2022, prohibiting the sale, attempted sale, manufacture, and distribution of magazines that hold more than 10 rounds. The state sued Gator’s Custom Guns for continuing to sell high-capacity magazines in violation of the law.

... Arguments lasted about 45 minutes

... Wally Wentz owner of Gator's Custom Guns and SMF founder Pete Serrano ... “I think this is going to be a really good opportunity for the court to delve into what … it really [thinks] about the Second Amendment and Article 1 Section 24 of the Washington constitution,” Serrano said, adding he thought the line of questioning from the justices seemed balanced.

“It was a struggle a couple of times,” Wentz admitted. “I’m happy with where it landed. I saw an impartial cast of justices there, and I really didn’t have a lot of confidence I was going to see that.”

William Kirk, president of Washington Gun Law, has followed the case closely from day one and was in the courtroom Tuesday.

He told The Center Square that a case likely to be heard by the U.S. Supreme Court could determine the outcome of the Gator’s case.

“There’s a case called Ocean State Tactical versus Rhode Island, which is a challenge to that state’s magazine ban. It’s identical to the case here, and if the U.S. Supreme Court accepts review of that, we will hear argument on it later this year,” Kirk said. “In that case I think the Washington Supreme Court will stay the outcome of this case and wait for guidance from the U.S. Supreme Court.”

Kirk said the U.S. Supreme Court is conferencing on Friday, Jan. 17, to consider whether to take on the Rhode Island case.

Quote from: Silent Majority Foundation
Washington v Gators Guns hearing tomorrow 01/14/2025 at 9:00 AM at Washington State Supreme Court.

Oral arguments: State of Washington v. Gator's Custom Guns, Inc., et al. (Does a ban on the manufacture, import, and sale of large capacity magazines violate the right to bear arms?) Case #102940-3 - https://tvw.org/video/washington-state-supreme-court-2025011110/?eventID=2025011110

SMF: Update after our hearing today in Washington v Gators Custom Guns - https://x.com/smfjb_org/status/1879296011920945439
Quote
All in all, went as well as it could

FPC - https://x.com/gunpolicy/status/1879300926302994635
Quote
Right out of the gate, Justice McCloud is asking the state numerous critical questions, such as:

Could the state ban gun barrels?
Could the state ban magazines that hold more than 2 rounds?
Why are you adding "in self-defense" to the Supreme Court's common use test?
« Last Edit: January 14, 2025, 08:19:53 PM by Live Life »

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Re: Second Amendment/ATF related cases
« Reply #118 on: January 14, 2025, 08:22:37 PM »
Continuing from previous post on WA magazine ban argued at state supreme court.

William Kirk, who was present at WA Supreme Court today, comments on arguments made - https://armedpolitesociety.com/index.php?topic=70249.msg1461261#msg1461261

William Kirk, president of Washington Gun Law, has followed the case closely from day one and was in the courtroom Tuesday.

Huge Updates from the Washington Supreme Court in the Gators Guns Case - Washington Gun Law President, William Kirk, gives you the highlights from today's oral arguments in the matter of State of Washington v. Gators Custom Guns.  A constitutonal challenge to Washington's magazine ban, enacted via SB 5078.  Today we go over the arguments and what came from the bench so that we can try to predict how this case will be decided - https://www.youtube.com/watch?v=k-gaEwtNxRo

- Today I am ... down here in Olympia Washington just finished up at the Washington state supreme court
- We heard the matter today of state of Washington versus Gator Guns
- Two separate arguments ... There is an argument that this is unconstitutional under Article 1 Section 24 of the Washington state constitution
- No justice, including justice McLoud seem to be too convinced with that ... there's ... interest balancing that can still be done on Second Amendment equivalents in state constitution
- However when it came to the Second Amendment arguments, that's where the Gator's guns seem to be gaining at least some momentum with a couple of the justices
- Two most offensive things that come out of this argument was ... state came up and basically said that the test is that a firearm must be in common use for self-defense
- They also argued that magazines standing alone do not even constitute arm whatsoever so they're free to ban them
- Well, but this "in common use" for self-defense is a made up test ... There is no case out there that has ever said that the analysis is in common use for self-defense
- It is "in common use" for any lawful purpose, self-defense being one of them but so is collecting ... so is just because I want to have them ... all of those are lawful reasons by which you can accumulate these items
- Some of the Supreme Court justices seemed a little aghast at the fact that under this common use test that it would seem like if the American public just decided to purchase a bunch of these that would render the states incapable of regulating them
- And hate to break it to the Washington state supreme court but yeah that's exactly how the rule works
- We don't need to get into big long historical analysis when it comes to issues such as can we ban these particular firearms or certain accessories related to firearms ... That analysis has already been done for us
- It's been done for us in case after case after case and it's really this simple ... If an item is in common use for lawful purposes, it cannot be banned
- The only historical tradition we have of banning anything in this country is firearms which are deemed dangerous and unusual
- But the state of Washington today ... said that the test is actually a firearm or anything which is particularly dangerous
- Well, I got news for you ... Every arm, every weapon is dangerous ... Some weapons can be particularly dangerous but that is not the test test by which we can ban outright platforms of firearms or accessories
- The test is it must it be dangerous and unusual ... Those words never came out of anybody's mouth today in the state supreme court and I do mean everybody's mouth including council for Gator's Guns
- Justice Gonzalez seemed to have some of the greatest confusion today because the state had been in fact arguing that magazines do not constitute arms whatsoever
- He seemed to be caught up on the federal definition under 18 United States code as to what is defined as a firearm and since magazines do not fit under the federal definition, then therefore they are not afforded any type of constitutional protection
- You can't really make this stuff up. That's actually what he thought but none of the justices except for justice McLoud seemed to be aware of the litany of cases that said that all of the ancillary rights necessary to exercise the core right like access to ammunition, access to magazines, access the training and so forth those are equally protected as is the core rights under the Second Amendment ... Otherwise the amendment becomes, well superfluous at best
- Perhaps the most concerning question came from justice Lewis who asked defense founcil why do these people live and need these things ... That was actually a question asked from a Washington state supreme court justice
- Justice Whitener believed that this was not a ban on firearms ... was not a ban on magazines ... it was merely just a ban on how many bullets a person could carry and she didn't really think that there would be any problem with that whatsoever
- So at the end of the day, am I thrilled with the arguments that took place down here? No
- I'm really not ... I'm just being honest with you ... I don't think the state made particularly good argument
- I think that Gator Guns attorneys had an opportunity to score a few points ... had some fast balls right down the middle and whiffed on them okay
- But at the end of the day is any of this going to make a difference?
- No, it's not.  It's not going to make a difference.  This was just an exercise in futility
- This is just the fluff that goes on the cake at the very end
- Many of the justices likely have their minds already made up and if they don't, they and their law clerks will be making them up soon
- Our prediction here at Washington Gun Law is that the state of Washington prevails here before the Washington state supreme court by a vote of 8 to 1
- We believe that justice McLoud will find the law unconstitutional under Second Amendment grounds
- Unfortunately that's only one vote out of a panel of nine

< So I guess this case too is headed for the US Supreme Court, unless majority justices decides to review and rule on a magazine ban case first >
« Last Edit: January 15, 2025, 12:36:26 AM by Live Life »

JTHunter

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Re: Second Amendment/ATF related cases
« Reply #119 on: January 15, 2025, 12:17:19 AM »
Live Life - didn't the SC deny cert on both Ocean State and another case yesterday?
“I have little patience with people who take the Bill of Rights for granted.  The Bill of Rights, contained in the first ten amendments to the Constitution, is every American’s guarantee of freedom.” - - President Harry S. Truman, “Years of Trial and Hope”

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Re: Second Amendment/ATF related cases
« Reply #120 on: January 15, 2025, 12:32:10 AM »
didn't the SC deny cert on both Ocean State and another case yesterday?

https://armedpolitesociety.com/index.php?topic=70249.msg1461054#msg1461054

Snope v. Brown (MD AW ban) was relisted and Ocean State Tactical v Rhode Island (RI magazine ban) likely relisted as well.

Gray v. Jennings (DE AW/magazine ban) on preliminary injunction and MSI v. Moore (MD Handgun Qualification License) were denied cert.

Live Life

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Re: Second Amendment/ATF related cases
« Reply #121 on: January 15, 2025, 04:22:00 AM »
In addition to "Abolish the ATF", now "Repeal the NFA" is back on the table - https://armedpolitesociety.com/index.php?topic=70249.msg1460876#msg1460876

While "Repeal the NFA" has little chance of reality, perhaps we can open up the registry?

Rep. Eric Burlison - https://x.com/EricBurlison/status/1877857344589041808
Quote
In addition to my bill to ABOLISH THE ATF (H.R. 221), on Monday I will once again introduce legislation to REPEAL THE NFA.

Man of his words.

Rep. Eric Burlison - https://x.com/RepEricBurlison/status/1878949045034750062
Quote
Today, I reintroduced the Repeal the NFA Act.

For decades, the National Firearms Act of 1934 has been used by unelected bureaucrats to impose unconstitutional regulations on gun owners.

It must be dismantled and the ATF abolished.

Live Life

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Re: Second Amendment/ATF related cases
« Reply #122 on: January 15, 2025, 05:07:15 AM »
Adding to AW/Magazine Ban updates - https://armedpolitesociety.com/index.php?topic=70249.msg1461261#msg1461261

Assault Weapon ban and High Capacity Magazine cases we've been covering (And Not All of it is Good) - https://www.youtube.com/watch?v=pzEelmvwGrA

- Snope v Brown ... Maryland's assault weapon ban
- Ocean State Tactical v Rhode Island ... RI magazine ban
- Gray v Jennings ... Injunctive relief when there is an allegation of a violation of a constitutional right
- All three cases ... had conference ... on Friday
- Supreme Court also conferenced on Maryland Shall Issue v Moore ... Maryland's handgun qualification license ... permission slip that you must get from the state
- Supreme Court is going to absolutely positively have to deal with ... problem is they ain't going to be dealing with it this session because the petition on Maryland Shall Issue v Moore had not only gone through a three judge panel in the 4th Circuit, it gone through full En Banc review ... It was ripe for the taking
- Supreme Court has denied review of that case which means the ruling from the 4th Circuit stands at the current time
- In addition, Supreme Court has denied petition on Gray v Jennings ... interlocutory relief ... Supreme Court has decided that they will not be accepting review
- So ... down to two cases ... What happened with Snope v Brown and Ocean State Tactical?
- The answer is they have been rescheduled to January 17th

- It's very disappointing on the Maryland Shall Issue case ... I thought that case was ripe for review
- Gray v Jennings ... was ... interlocutory ... I was a little surprised Supreme Court had taken so much interest in it ... surprised it got as far as it did
- We are most carefully watching Snope v Brown and the Ocean State Tactical ... They were not denied review and that's good news ... they have kicked the can down the road ... for January 17th
- One would think that if the court was really ready just to deny review on it they would have done so already so I do see this ... is some optimism to come from ... reschedule
- If we could get Snope case and Ocean State Tactical case ... before the ... Supreme Court that does give the highest court in the land the opportunity to once and for all definitively answer the question, "Can we actually ban arms and magazines which are in common use for lawful purposes?"
« Last Edit: January 15, 2025, 05:31:21 AM by Live Life »

Live Life

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Re: Second Amendment/ATF related cases
« Reply #123 on: January 15, 2025, 04:55:07 PM »
Adding to ATF - Pistol Brace - https://armedpolitesociety.com/index.php?topic=70249.msg1461228#msg1461228

Related to efforts to abolish/eliminate ATF as an agency - https://armedpolitesociety.com/index.php?topic=70249.msg1460527#msg1460527

And now push for Repeal the NFA - https://armedpolitesociety.com/index.php?topic=70249.msg1461290#msg1461290

Saga continues ...

Does the ATF Really Know What They Want to Do With Pistol Braces? - You may recall a previous video that we did < https://armedpolitesociety.com/index.php?topic=70249.msg1460989#msg1460989 > that explained that despite ATF's Pistol Brace Rule getting its teeth kicked in at about every court humanly possible, the ATF seemed to think that they could still enforce it.  But then the Gun Owners' of America sent a letter to ATF immediately demanding answers.  Well, it appears that the ATF has responded and I get while some want to claim victory in the response, we will show you that the ATF did not really back off on this - https://www.youtube.com/watch?v=PdNg_lnA414

- Followup ... [GOA member] decided to submit a pistol [CZ Scorpian] with an attached stabilizing brace to ATF for predetermination and was told that absolutely positively was an SBR and therefore governed by the NFA
- That had a lot of us wondering ... "We all thought ... pistol brace Rule ... was dead"
- Well, that's what I thought too but apparently the ATF didn't think so
- That prompted pretty swift action by ... Gun Owners of America and they have now received a letter in response that it appears that ATF for the most part is backing off that position
- So let's talk about "Does the ATF really know what they want to do with pistol braces?"
- We did this video over the weekend and it talked about how ... pistol brace Rule had been absolutely positively thrown out on its ass - https://armedpolitesociety.com/index.php?topic=70249.msg1460989#msg1460989
- What they were claiming is, "No we're just interpreting the federal definition of short barrel rifle to include all firearms with attached stabilizing braces"
- But of course, what was the premise behind the pistol brace Rule?
- Well, it was exactly that and court after court after court ... for all intents and purposes ... [The Rule] is dead and it's been nationally enjoined for months now
- I thought I would never ever have to cover that freaking Rule again but here I am doing video number two in a week about it
- As I said in the previous video, Erich Pratt, Executive Vice President over at Gun Owners of America as well as everyone over at GOA had a complete conniption fit and sent a very terse letter to the ATF saying, "Hey you know, what's up with this 'Your rule has been shot down in this case, in this case, in this case, in this case' ... What exactly is going on here?"
- GOA has received a letter back and I'm going to read that letter because it appears that the ATF is backing off a little bit ... What it also appears is the ATF shockingly has no clue what they're talking about
- The letter received by GOA reads as follows, "Mr Pratt ... ATF agree that the statement 'Federal Law requires a pistol with an attached stabilizing brace or stock to be registered as a short barrel rifle' is overbroad."
- Okay, so that is really about the only backing off that we're going to get
- Now we're going to get a lot of hem and haw and explanation from the ATF which goes, "... while the appeal is pending ATF is complying with the court's order" ... right, they are actually complying with the court's order
- What else did the ATF have to say? "The District Court's order does not prohibit enforcement of the National Firearms Act, NFA or the Gun Control Act, GCA ... ATF remains responsible for enforcement of statutory provisions pertaining to 'a rifle having a barrel or barrels of less than 16 inches in length' under the NFA and 'short barrel rifle' under the GCA.  The statutory definition of rifle under the NFA and GCA includes in relevant part ... 'designed or redesigned, made or remade, and intended to be fired from the shoulder' A firearm designed and intended to be fired from the shoulder that meets the statutory definition of short barrel rifle contained in the NFA must be made and transferred in accordance with the statutory requirements of the NFA"
- So I get that the folks over at GOA has said, "Hey listen, the ATF has really backed off on this and they certainly are watering down their statement"; but then you read that paragraph and they're saying, "Well no, we're still going to interpret the statute this way and we still intend on enforcing it that way."
- Here's what else ... ATF had to say the Firearms Industry Program Branch diligently strives to analyze and provide the most current and accurate information and or guidance to any inquiry made with our Branch
- So did the ATF back off of their position? A little
- They basically said, "Well yeah, we're not relying on the Rule whatsoever" but they still double down on their same statement that, Hey listen, we still interpret the statute that way.  We're still going to enforce the statute that way.  And if we believe that this is a rifle with a barrel less than 16 inches which is designed to be fired from the shoulder, we are going to act as though that should be regulated under the National Firearms Act
- So what is my recommendation?
- My recommendation is everybody just hang on until January 20th because I think there may be a much different attitude coming from the ATF moving forward.  =D


Wait, there's more ... Get more popcorn [popcorn] ... ATF raids a family's house due to incorrect information (felon in possession of firearm) on a search warrant for a law abiding citizen.

This is Why All of You Want to Abolish the ATF - Just when you thought you could not hate the ATF anymore than you currenlty do, they once again sink to new lows.  Washington Gun Law President, William Kirk, discuses the case of a Maryland man, who had his home raided, at gun point, with his spouse and children present and for what?  Well that appears to be the problem, because after this violent raid, which cuased thousands of dollars of damage to their home, the only evidence taken, a cell phone - https://www.youtube.com/watch?v=GxPVLpZkvYQ

And there's more ...

AWR Hawkins: Push to Abolish ATF Is Back in Style, And It's Good for the Second Amendment - Whether the ATF is eventually abolished, the increase in efforts to eradicate it benefits freedom and the Second Amendment - https://www.youtube.com/watch?v=GhKo8R2Ytb8


Rep. Eric Burlison Criticizes ATF, Advocates for NFA Repeal - https://www.newsmax.com/newsfront/eric-burlison-atf-nfa/2025/01/13/id/1194923/
Quote
Rep. Eric Burlison, R-Mo., has intensified efforts to dismantle the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and repeal the National Firearms Act (NFA), criticizing both infringing on Americans' constitutional rights by misusing taxpayer dollars

- "The ATF uses your tax dollars to violate your constitutional rights. Does that sound like freedom to you?"
- His comments are part of a broader campaign to repeal the National Firearms Act (NFA), a federal law enacted in 1934 to regulate certain Class III firearms and accessories, including suppressors, short-barreled shotguns and rifles, and machine guns
- Burlison and other critics argue that the NFA imposes unnecessary restrictions on law-abiding gun owners
- Under the NFA, individuals seeking to purchase regulated items must undergo a rigorous process ... including ... fingerprints, photographs ... $200 federal tax ... background check, and registering the firearm or accessory with the ATF
- These requirements represent undue burdens on exercising Second Amendment rights
- "Gun control has always been about control, not safety. The NFA is a prime example of this, and we're working to take it down."
« Last Edit: January 15, 2025, 05:12:43 PM by Live Life »

MechAg94

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Re: Second Amendment/ATF related cases
« Reply #124 on: January 15, 2025, 07:12:53 PM »
Perhaps they could use "lawful purposes" instead?
I don't like that.  Self defense isn't considered lawful to some people. 

If someone does a crime with a gun, convict them of the crime.  No need to add charges due to possession of a gun.  That is just used as an excuse because idiots in the justice system don't want to give out tougher sentences. 
“It is much more important to kill bad bills than to pass good ones.”  ― Calvin Coolidge