CCRKBA: Biden’s Executive Order Is About Restrictions, Not Safety

BELLEVUE, WA – President Joe Biden’s new executive order on guns won’t reduce gun-related violent crime, nor will it make our communities safer, the Citizens Committee for the Right to Keep and Bear Arms said today.

Biden signed the executive order Tuesday in Monterey Park, California. He is bypassing Congress, “with the goal of increasing the number of background checks conducted before firearm sales,” and moving the country closer to so-called “universal background checks” as possible without additional legislation.

“Joe Biden is trying to sell this new gun control scheme the way he’s always done: by promising less violent crime and safer neighborhoods,” said CCRKBA Chairman Alan Gottlieb, “But, this plan isn’t going to accomplish either goal, and he knows it. This sleight-of-hand maneuver simply makes it more difficult for law-abiding citizens to purchase firearms, while creating the impression gun dealers are crooks and the industry is unregulated.

“This is just another chapter in Joe Biden’s war on gun rights,” he continued. “It is a diversion to the Democrat failure to keep Americans safe from violent criminals who are released without bail and are free to prey on us all.”

Biden will encourage the Federal Trade Commission (FTC) “to issue a public report analyzing how gun manufacturers market firearms to minors and how such manufacturers market firearms to all civilians, including through the use of military imagery.” He will “Provide the public and policymakers with more information regarding federally licensed firearms dealers who are violating the law.” He will also direct the Secretary of Defense to develop and implement principles to further firearm and public safety practices through Department of Defense acquisition of firearms, consistent with applicable law.

“So,” Gottlieb observed, “Biden wants the Defense Department to buy more guns, he will blame crime on gun dealers and tell gun makers how to market their products. But he won’t tell the Justice Department to crack down on recidivist criminals, he’s not asking the courts to lock up armed felons and he’s continuing to treat the Second Amendment as a second-class right. Read more

SAF Files Brief in Challenge of Handgun Sales Ban to Young Adults

The Second Amendment Foundation (SAF) and its partners in a federal lawsuit challenging the prohibition of handgun sales to young adults have filed an appellant’s brief with the U.S. Fifth Circuit Court of Appeals in New Orleans. The case is known as Reese v. ATF.

Joining SAF are the Louisiana Shooting Association, Firearms Policy Coalition and two private citizens, Emily Naquin and Caleb Reese, for whom the case is known. They are represented by attorneys David H. Thompson, Peter A. Patterson and William V. Bergstrom at Cooper & Kirk; George J. Armbruster, III at Armbruster & Associates; Joseph Greenlee, FPC Action Foundation; John W. Dillon at the Dillon Law Group; Raymond M. DiGuiseppe, DiGuiseppe Law Firm and Adam Kraut at SAF.

Defendants are the Bureau of Alcohol, Tobacco, Firearms and Explosives, its director, Steven Dettelbach and U.S. Attorney General Merrick Garland.

At issue is the ban on licensed handgun sales to law-abiding 18-to-20-year-old adults, because this prohibition is at odds with the Second Amendment, SAF and its partners contend.

“At the time the Second Amendment was adopted,” noted SAF founder and Executive Vice President Alan M. Gottlieb, “there were no restrictions on the rights of 18-to-20-year-olds to keep and bear arms because of their age. Indeed, people in that age group, because as Americans they were in the civilian militia, were actually required to acquire firearms. Read more

NSSF Reacts to President’s Gun Control Executive Order

WASHINGTON, D.C. — NSSF®, The Firearm Industry Trade Association, takes exception with President Joe Biden’s Executive Order to increase gun control measures. In the name of “doing something,” the Biden administration is chilling fundamental Constitutional rights and simply rehashing existing law, many of which were previously supported by the firearm industry.

“The Biden administration should demand that soft-on-crime prosecutors and lawmakers use the laws already in existence to lock up criminals that misuse firearms to prey on innocent Americans,” said Lawrence G. Keane, NSSF Senior Vice President and General Counsel. “Instead, this administration continues to scapegoat the firearm industry for its unwillingness to address crime. The failure of this administration to seriously address spiraling crime and instead focus its attacks on a Constitutionally-protected industry that works diligently to remain in compliance with laws and regulations and actively cooperates with law enforcement, especially ATF, exposes the lack of urgency Americans demand to curb rampant and out-of-control crime.”

The firearm industry worked with Congress to update the statutory definition of “in the business,” in the Bipartisan Safer Communities Act, which was passed last year and signed into law by President Biden. The update defined those Americans “in the business” of selling firearms as those “predominantly earning a profit.”

Further, The White House accused industry members, without evidence, of selling firearms without required FBI National Instant Criminal Background Check System (NICS) verifications. This is disingenuous, at best. The firearm industry was the progenitor of the point-of-sale instant background check to ensure firearms are sold only to those the law has determined can be trusted to possess a firearm. Read more

CCRKBA: Lesson From Hamburg

BELLEVUE, WA – While German authorities continue their investigation into the mass shooting at a Jehovah’s Witnesses hall in Hamburg, the Citizens Committee for the Right to Keep and Bear Arms says U.S. politicians should learn something from the tragic incident.

“Anti-gunners who claim mass shootings don’t happen anywhere but America are once again proven wrong,” said CCRKBA Chairman Alan Gottlieb. “More importantly, they should acknowledge that restrictive gun laws do not prevent evil people from committing violent crimes, and that they leave innocent people vulnerable to deadly attacks.”

Six people were murdered in the rampage, and then the killer, identified as Philipp Fusz, took his own life. Published reports say he used a pistol, which he legally owned. He reportedly had no criminal record and no links to terrorism, which would have disqualified him from owning a firearm.

“The typical reflex from politicians following such a tragedy is to further tighten down on law-abiding gun owners,” Gottlieb observed. “But the lesson to be drawn from Hamburg, and any other such incident, is that no law or set of laws can truly prevent some determined individual from committing mayhem. So, the logical solution is to make it easier for people to defend themselves in such situations.

“It has never made sense anywhere to disarm honest citizens in an effort to keep criminals and crazy people from committing violent crimes,” he continued. “That’s why defending the Second Amendment right to keep and bear arms is so important here in the United States, and why the Citizens Committee is not about to fold our tent and go home. Read more

NSSF Encouraged by Credit Card ‘Pause’ in Special Firearm Retail Codes

WASHINGTON, D.C. — NSSF®, The Firearm Industry Trade Association, is encouraged by the announcement from Visa and MasterCard that they will “pause” plans to implement a special Merchant Category Code (MCC) specific to purchases at firearm retailers with their credit cards. That announcement was later echoed by American Express and Discover, which previously announced plans to implement the special codes.

This is a positive development that the major credit card companies have recognized the hazards of implementing this special MCC for purchases at a firearm retailer. However, this is an announcement of a pause, not an abandonment of these special codes.

NSSF is committed to ensuring that these specific MCCs not be used at all as they have the potential for exploitation of customer privacy and denial of services by politically-motivated activists. These codes were the product of Amalgamated Bank and Andrew Ross Sorkin to specifically track the lawful purchases of firearms and ammunition by law-abiding Americans.

In reality, it is just the first step, by the admission of these two parties, to isolating and eventually denying the exercise of a Constitutional right by those who oppose lawful firearm ownership. NSSF will continue to work with state legislators and Congress to put an end to this blatantly discriminatory practice of using private enterprise to construct a back-door firearm registry.

SAF Files Final Summary Judgement Brief in Vanderstok 80% Gun Case

BELLEVUE, WA – The Second Amendment Foundation and Defense Distributed have filed their final summary judgment brief with the federal court in Texas in the case of VanDerStok v. Garland, which challenges the authority of the Justice Department and Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) to regulate items that are not firearms, as if they were firearms.

The brief was filed in U.S. District Court for the Northern District of Texas, Fort Worth Division.

SAF and Defense Distributed have taken a unique approach, alleging the agencies violated the Administrative Procedures Act (APA) by both (1) failing to consider the history that Bruen deems constitutionally mandatory and (2) using balancing analytics that Bruen deems constitutionally improper.

“The ATF is trying to wriggle out of this,” said SAF founder and Executive Vice President Alan M. Gottlieb, “but we’re not going to let them. Clearly the agencies violated the APA, and in the process used means-end scrutiny to make their decision, which the Supreme Court threw out in the 2022 Bruen ruling.” Read more

SAF Files Appellant Brief in Case Against New York Anti-Carry Law

BELLEVUE, WA – Attorneys representing the Second Amendment Foundation and its partners in a lawsuit challenging New York State’s so-called “Anti-Carry Default” law have filed an appeals court brief in the case with the U.S. Second Circuit Court of Appeals, responding to the state’s appeal of its lower court loss. The case is known as Christian v. Nigrelli.

Joining SAF are the Firearms Policy Coalition and a private citizen, Brett Christian, for whom the case is named. They are represented by attorneys Nicolas J. Rotsko at Phillips Lytle LLP in Buffalo and David H. Thompson, Peter A. Patterson and John W. Tienken at Cooper & Kirk LLC in Washington, D.C. Defendants are New York State Police Supt. Steven A. Nigrelli, and Erie County District Attorney John L. Flynn, in their official capacities.

In their brief, plaintiffs note how Christian was able to legally carry his sidearm for personal protection prior to Sept. 1, 2022, the effective date of New York’s new gun control law. The law was hastily passed in reaction to the Supreme Court’s 6-3 ruling in New York State Rifle & Pistol Association v. Bruen, which nullified the state’s previous law requiring “proper cause” in order to obtain a concealed carry permit. The new law attempts to circumvent the high court’s Bruin doctrine regarding Second Amendment cases. Read more

NRA’s America’s 1st Freedom: Why Mainstream Media Refuses to Learn Anything About Guns

Now on A1F.comMany in the mainstream media refuse to learn anything about guns or the Second Amendment. Even though this ignorance often makes them play the fool in print and on TV, many in the media still prefer not to learn about this critical civil right. Why? That is the important question this feature answers.

Find this and other stories related to your right to keep and bear arms at A1F.com.

For Immediate Release

Contact: Brook Chiasson

bchiasson@nrahq.org

(703) 267-1327

Federal Judge Grants Preliminary Injunction in Vanderstok Case

BELLEVUE, WA – A federal judge in Texas has granted a preliminary injunction against the federal government’s enforcement of the final rule regarding partially manufactured firearm parts and kits in a case known as VanDerStok v. Garland, which challenged the authority of the Justice Department and Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) to regulate items that are not firearms, as if they were firearms.

“This is a huge victory,” said Alan Gottlieb, founder and executive vice president of the Second Amendment Foundation, which was allowed to intervene in the case last summer, along with Defense Distributed, a Texas-based company. “The court’s preliminary determination is pretty straightforward, and it notes that SAF and Defense Distributed are likely to succeed on the merits of their case against the receiver rule.”

The decision was issued by Judge Reed O’Connor for the U.S. District Court for the Northern District of Texas, Fort Worth Division. His preliminary injunction applies to Defense Distributed and its clients.

“We are pleased with the Courts ruling, which correctly finds we are likely to succeed on our claims,” said Adam Kraut, SAF’s Executive Director. “Judge O’Connor agrees that ATF’s final rule expanded the agency’s authority over parts that may be ‘readily converted’ into frames or receivers, which surpasses the authority granted by Congress. Even more compelling is that the judge agrees that ATF’s rule unlawfully treats parts kits as firearms. It is refreshing to see rogue administrative agencies being reined in by the checks and balances of our system of government.” Read more

NRA America’s 1st Freedom Video Why the Gun-Control Crowd Loathes John Lott

Video: NRA America’s 1st Freedom Video Why the Gun-Control Crowd Loathes John Lott

Now on A1F.com: John Lott, founder and president of the Crime Prevention Research Center, explains why gun-control groups and many in the mainstream media call him a “debunked researcher” and why they’ve spent years doing all they can to disparage, delegitimize and cancel him.

Watch this video interview at A1F.com.

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