Category: Gun Control

FPC Responds to Ninth Circuit Decision Upholding California’s Magazine Ban

SAN FRANCISCO, CA — Firearms Policy Coalition (FPC) has issued the following statement in response to today’s misguided Ninth Circuit Court of Appeals decision in Duncan v. Bonta, which held that California’s law banning so-called “large capacity magazines” (those that can hold more than 10 rounds of ammunition) is permissible under the U.S. Constitution’s Second Amendment, Takings Clause, and Due Process Clause:

Today’s misguided decision makes it crystal clear that the Ninth Circuit will not respect the Constitution until the Supreme Court requires it to. Rather than following the binding Supreme Court’s D.C. v. Heller and McDonald v. Chicago opinions, the Court of Appeals again used legal gamesmanship to avoid the constitutionally required result just as it has for over a decade. Read more

Firearms, Gun Control

Avoiding Your Own #newmexicomoment

This feature first appeared in The Shooting Wire…

What (sadly passes) as “news media” has presented a regular load of non-news about the heartbreaking accidental killing of Director of Photography Halyna Hutchins and critical wounding of Director Joel Souza on the set of a movie being … shot … on October 21, 2021.

A lot of the “news” coverage – which leaves out incidentals like “when-where-why-how” – centers around “who is at fault?”

We won’t dally around with that here. There’s enough heat shedding absolutely no light and we won’t add to it. As to culpability, that’s for the triers of fact, not us. There are ongoing investigations. The people and state of New Mexico have gone to a lot of time, effort and expense to enact and enable laws (civil and criminal), recruit, hire, train and deploy peace officers and county prosecutor/district attorney offices as well as an Attorney General – not to mention the potential civil litigants and their attorneys – to attempt to unravel this mess. As to the potential for the insurer of the production to investigate, quite separately, the possibility of not paying claims on the basis of any alleged failures to follow “best practices,” I’ll let those better educated consider that.

An image from a TV screen, from an old Perry Mason TV show … mind the muzzle, Mr. Berger! Below, “the Rules” as formulated by the API/Gunsite founder, Jeff Cooper.

The issue for enthusiasts – both consumers of the outdoors and shooting industries and members of those industries – is how to keep from having a #newmexicomoment of our own.

First, we don’t rely on the word or belief of others as to the condition of any firearms within our reach and grasp. We look to Jeff Cooper who came down from the mountain with the tablet upon which the first four of our Rules were imprinted.

Rule One – All guns are always loaded.

This isn’t a matter for debate or discussion. It’s not “treat guns as if” because that allows some possibility, however remote, that “Murphy” didn’t show up to mess up the works. We don’t allow for the possibility. If the chamber is flagged, the gun is field stripped into components, if it’s tagged, taped and locked open – we still follow the rest of the Rules that follow.

Because all the Rules follow from Rule One. “Which commandment, out of all of them, do we have to follow?” – Rule One.

Because all guns are always loaded, we practice muzzle discipline, Rule Two – Never let the muzzle cover anything you don’t want to destroy.

Don’t guess the gun’s condition — observing Rule Two, check the damn thing. Note the hand is behind the muzzle. Below, ensuring the gun is empty is best done twice: once by looking and again by feeling for a cartridge.

It’s not “don’t point the gun” – that’s an active and intentional act; too often, it becomes an act of carelessness, lack of discipline, allowing the muzzle to cover something we really don’t want to shoot. That’s why “holstered handguns are safe.” If it’s not in your hand, you’re not unintentionally, thoughtlessly covering something precious and important to you. So, the handgun should be (1) in the holster, (2) at a ready position with the muzzle covering the safest available direction and practicing trigger finger discipline, or (3) aimed in at an appropriate target, with an appropriate backstop, whilst in the process of shooting. Otherwise, it should be in a locked container, which we’ll get to in a moment.

As to that pesky trigger finger, the human hand is designed in such a way that when any fingers close, they all tend to close. For us, that’s a problem. When handling firearms of any type without any intention to morally, ethically and legally shoot it, the trigger finger should be “at register.” Register is the furthest point on the gun away from the trigger/trigger guard that doesn’t compromise the control of a firing grip.

Rule Three, “Keep your finger off the trigger until your sights are on the target,” was a relative late-comer to the “tablet.” When discussing the Rule (which is a mnemonic, short-hand as a reminder – not the whole Rule), I make it a point to note that we’re not touching the trigger until the muzzle is covering something we can shoot (or must shoot) and we have formed the intention to shoot; no ‘gunpoint’ allowed. Read more

Firearms, Gun Control

Boston Settles Gun Permit Lawsuit, City Pays SAF $10K

BELLEVUE, WA – The City of Boston has settled a federal lawsuit filed by the Second Amendment Foundation and other plaintiffs over delays in accepting and processing licenses to carry a firearm, and has agreed to pay $10,000 to cover attorneys’ fees and costs.

SAF was joined by Commonwealth Second Amendment, Inc., and several individuals. The lawsuit was known as Alves v. McNamara. Plaintiffs are represented by New York attorney David Jensen.

“The city had already been very slow processing applications for carry licenses, and when the COVIC-19 pandemic hit, things completely ground to a halt,” SAF founder and Executive Vice President Alan M. Gottlieb recalled. “With things returning to normal, the city has agreed that all individuals who were on the list of applicants as of July 26 will be contacted so they may submit permit applications. The city also agreed to resume its pre-pandemic practice of accepting applications by Oct. 31, which has happened, and they are paying our legal expenses.

“This is one of the many COVID-related lawsuits to protect gun rights that we won,” he added, “and we had also warned several other jurisdictions around the country of probable legal action for similar shutdowns because of the pandemic.” Read more

Gun Control, Self Defense

CCRKBA: VA Gun Owners Made Difference in State Races

BELLEVUE, WA – Virginia’s embattled gun owners were the margin of difference when it counted to take back the governor’s office, the Assembly and other key races, essentially setting the stage for “a return of common sense to the Commonwealth,” the Citizens Committee for the Right to Keep and Bear Arms said today.

“Old Dominion gun owners were not about to allow anti-gun Democrats enjoy another two years of power after what happened in January 2020,” CCRKBA Chairman Alan Gottlieb observed. “They knew what Terry McAuliffe’s return to Richmond would mean for their Second Amendment rights. His party’s politics of attacking gun owners, and their outrageous record of eroding gun rights brought gun owners to the polls to say enough is enough.”

“What is most gratifying,” he continued, “was to see savvy gun rights voters ignore the despicable last-minute ad buy by desperate Democrats to suppress the gun vote by painting Republican Glenn Youngkin as an anti-gunner, when it is their own candidate who has a deplorable record on gun rights.” Read more

Gun Control

Alec Baldwin Should Have Known Better

By Glen Wunderlich

Charter Member Professional Outdoor Media Association (POMA)

Alec Baldwin, who discharged a prop firearm on a film set Thursday, killing a cinematographer, has a history of speaking out against the National Rifle Association and other gun rights activists.

Baldwin discharged a prop firearm on the set of the western film “Rust” in New Mexico, killing cinematographer Halyna Hutchins, 42, and injuring director Joel Souza, 48,.

Too bad Mr. Baldwin never understood some of the most important “gun control” measures NRA teaches to American citizens. After reading the nonsense about a “misfire”, which was being reported, I already know that some glaring and deadly mistakes were made by Baldwin and supporting crew.

Safe gun handling rule taught by the NRA: Never point a gun at anything or anyone you don’t want to shoot. Mr. Baldwin violated this rule of firearms safety and has nobody to blame but himself. And, the firearm did not fire by itself; he pulled the trigger! There was no misfire!

It’s imperative that anyone presenting a firearm to another person be personally responsible to demonstrate that a firearm is safe to handle before handing it over to another person. Obviously, this was not done.

Furthermore, if Mr. Baldwin was aware of gun-safety protocol, he would never have accepted the firearm from anyone without having that person show him it was safe.

So sad that he has been blinded by his own perception of the importance of the NRA’s role in gun safety and training.

Firearms, Gun Control

CCRKBA: ‘King County, Washington Murder Spike Typifies National Gun Control Failure’

BELLEVUE, WA – Authorities in Washington’s King County—epicenter of the Northwest’s gun prohibition movement—are alarmed at the continued rise in gun-related homicides and shooting incidents, but nowhere has anyone acknowledged that gun control laws they have supported are an utter failure, the Citizens Committee for the Right to Keep and Bear Arms said today.

“Nothing more clearly illustrates gun control lack of success than the situation in King County,” noted CCRKBA Chairman Alan Gottlieb. “It is reflective of the national trend revealed in the FBI Uniform Crime Report for 2020, showing murders up by 30 percent nationwide. If restricting the gun rights of law-abiding citizens worked, this should not be the case.”

Gottlieb recited the recent failed history of the Seattle-based, and billionaire-backed gun control crusade beginning in 2014 with statewide Initiative 594, requiring so-called “universal background checks” for all gun transfers. This was followed in 2015 by Seattle’s adoption of a special gun control tax on the sale of firearms and ammunition, which has never achieved the revenue forecast of $300,000 to $500,000 annually, and has only driven business out of the city. In 2018, Seattle’s wealthy anti-gun elitists pushed through another statewide gun control initiative, again contending it would reduce gun-related violent crime, but the exact opposite has happened. Read more

Gun Control

SAF in Federal Court Challenge of Calif. Gun Show Prohibition

BELLEVUE, WA – The Second Amendment Foundation and two California gun rights groups have filed a federal lawsuit challenging the state’s restrictive regulatory scheme covering the sale of firearms and ammunition as it applies to gun show operations in the state.

Joining SAF are the California Rifle & Pistol Association, Inc., South Bay Rod and Gun Club, Inc., B&L Productions, Inc./Crossroads of the West, Captain Jon’s Lockers, LLC; L.A.X. Firing Range, Inc./LAX Ammo and six private citizens. The case is known as B&L Productions v. Newsom.

SAF is represented by noted civil rights attorney Donald Kilmer, who successfully represented SAF in overturning the ban on gun shows at the Del Mar Fairgrounds in San Diego County, where the defendants were ordered to pay plaintiffs over a half-million dollars.

Named as defendants in this case are California Gov. Gavin Newsom in his official and personal capacity, Attorney General Robert Bonta, California Department of Food & Agriculture Secretary Karen Ross, San Diego County District Attorney Stephan Summer, San Diego County Counsel Thomas Montgomery, the 22nd District Agricultural Association and Does 1-50. The 57-page federal complaint was filed in U.S. District Court for the Southern District of California.

“Boiled down to the basics,” explained SAF founder and Executive Vice President Alan M. Gottlieb, “the state has been regulating gun show operations almost out of existence, and more restrictive than brick-and-mortar retail gun shops or even internet sales. This amounts to deprivation of rights under color of local law, including the First Amendment rights of free speech and freedom of assembly, and the 14th Amendment’s equal protection under the law. Read more

Gun Control

SAF Federal Lawsuit Challenges NY Stun Gun, “Taser” Ban

BELLEVUE, WA – The Second Amendment Foundation has filed a federal lawsuit challenging New York state and municipal laws prohibiting private citizens from possessing and using stun guns and tasers, noting in its complaint, “Most courts have found that bans on stun guns and tasers violate the Second Amendment and are unconstitutional.”

Joining SAF are the Firearms Policy Coalition, Inc., and three private citizens, Nunzio Calce, Shaya Greenfield and Raymond Pezzoli. The lawsuit was filed in U.S. District Court for the Southern District of New York. Plaintiffs are represented by attorney David Jensen of Beacon, N.Y. The case is known as Calce, et.al. v. City of New York, et. al.

Named as defendants are the City of New York and Police Commissioner Dermot Shea.

“As we explain in our complaint, states and localities have some ability to regulate the keeping and bearing of arms,” noted SAF founder and Executive Vice President Alan M. Gottlieb. “However, the Second Amendment prevents states and localities from flatly prohibiting law-abiding citizens from keeping bearable arms, and particularly arms that are in common use for the purpose of self-defense.” Read more

Gun Control

New SAF TV AD: “If Biden Can Force Needle in Your Arm, He Can Take Your Guns”

BELLEVUE, WA – The Second Amendment Foundation has launched a powerful new message to gun owners across the country, warning them, “If Joe Biden can force a needle in your arm, he can take your gun.”

The 60-second TV message includes a clip of Biden telling America, “This is not about freedom or personal choice” in his push for all Americans to get vaccinated, even if they have personal, religious or health concerns. SAF reasons that if Biden—a career anti-gunner—can get away with issuing such a mandate without Congressional approval, he could make the same declaration about surrendering Second Amendment rights.

“Over the past eight months since taking office, Joe Biden has evolved from being an annoying gun control advocate to a dangerously ambitious gun prohibitionist,” observed SAF founder and Executive Vice President Alan M. Gottlieb. “He hasn’t simply climbed on the gun ban train, he’s now the engineer, portraying so-called ‘gun violence’ as a public health epidemic. He’s perpetuating a myth invented by the gun ban lobby to demonize guns, their owners and the Second Amendment that protects their right to keep and bear arms.” Read more

Gun Control

DOJ Asks More Time to Process Comments on Proposed Arm Brace Rule

Nine months after the Second Amendment Foundation sued the Department of Justice and Bureau of Alcohol, Tobacco, Firearms and Explosives in federal court over ATF’s flip on how it regulates stabilizing braces on pistols, the DOJ and SAF jointly asked for a continuation of a stay in the legal action to allow processing of more than 211,000 public comments on a proposed rule on “Factoring Criteria for Firearms with Attached Stabilizing Braces.”

The process is expected to require more than four months.

Under the original proposal, guns with stabilizing braces would suddenly be regulated under the National Firearms Act the same as short-barreled rifles. That would require a special license and $200 fee for each firearm fitted with a brace. Without the special license and fee, guns fitted with the stabilizing braces would be illegal to own.

Back on May 4, the court granted an agreed motion for a stay, which was extended on June 15, after the defendants published the proposed rule in the Federal Register seeking public comment. The comment period was 90 days, during which time the agency was flooded with comments.

According to a Joint Status Report filed with the court, it will take more than 120 days for the DOJ to process all the responses. All parties agreed to the delay, according to SAF and have requested that they be allowed to file another Joint Status Report on or before Jan. 19, 2022. Read more

Gun Control
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