JPFO: “Biden” Gun Bill Calls for Gun Owner Licensing

Can Presidents Ignore the Bill of Rights?

Biden Plans “Psych” Test for Gun Ownership.

All existing arms in private hands will be subject to confiscation.

A plain reading—not “analysis”—of Democratic presidential candidate Joe Biden’s gun bill, now in both houses of Congress, will require current and future gun owners to pass psychology and character tests to continue owning the firearms they already legally possess. When asked, legal experts have been unable to describe how this would be legal, Biden has not commented. America has 100 million gun owners by most estimates. That has grown dramatically by sales to people terrified amidst urban rioting, who can’t get police protection, during the corona-virus pandemic.

The first line of the identical bills, HR5717 and S3254, requires a federal license for any American to legally “purchase, acquire, or possess a firearm or ammunition.” This is de facto infringement.

To obtain this license you would need to prove to unelected officials that you are of “sound mind and character,” you do not “potentially create a risk to public safety,” and you meet “any other requirements the State determines relevant.” No standards or guidelines are provided. Assuming anyone could qualify, authorities, “make a determination of suitability,” for your possession and ownership of firearms, including any you currently own. Orthodox Rabbi Raziel Cohen, a JPFO Ambassador and certified trainer says, “This outrageous usurpation of power, and affront to the Bill of Rights and the Second Amendment could never pass muster at the U.S. Supreme Court.” Read more

SAF, Defense Distributed Seek Injunction in 3D Censorship Case

BELLEVUE, WA – Defense Distributed and the Second Amendment Foundation have moved for an interim injunction pending appeal by New Jersey Attorney General Gurbir Grewal in the continuing challenge of Grewal’s censorship relating to the publication of information about 3D gun production.

The case is in the Fifth Circuit Court of Appeals, where a three-judge panel recently ruled unanimously that Grewal is “subject to the jurisdiction of Texas courts” because of his efforts to prevent publication of the information by Defense Distributed violates the company’s and SAF’s First Amendment rights. Grewal is one of nine Attorneys General to file suit in the Western District of Washington to enjoin the State Department from authorizing the release of Defense Distributed’s files.

The SAF/Defense Distributed motion states their case bluntly: “This appeal arises from the ongoing efforts of New Jersey’s Attorney General Gurbir Grewal and several of his peers to hamstring the plaintiffs’ distribution of materials related to the 3D printing of firearms.” Read more

NRA-ILA Announces Partnership with 6 Companies for $1Million Match Campaign

The National Rifle Association Institute for Legislative Action (NRA-ILA) is proud to announce a new partnership with six companies that have pledged to match $1 million in donations made to NRA-ILA through Nov. 15.

“These patriotic businesses are pledging vital resources to support and defend the Second Amendment because they understand that our right to own a gun in defense of ourselves and our families is on the ballot in November. By working together with such partners, our membership intends to defeat those who are trying to strip our rights away from us,” said Jason Ouimet, executive director, NRA-ILA.

The six participating companies are: SIG SAUER, Kel-Tec, Credova, Rock Island Auction Company, Taurus, and Davidson’s Gallery of Guns.The campaign, Partners for Patriotism, is simple. Anyone who makes a donation to NRA-ILA between now and Nov. 15 will have their donation matched. Folks can make donations of any size — whatever they can spare is helpful. And because of this campaign, whatever is donated will automatically be doubled by participating companies.

Partners for Patriotism could not come at a better time. With the presidential election looming, the stakes have never been higher. Democratic presidential nominee Joe Biden and his running mate, Kamala Harris, have made their intentions clear: If elected, they will immediately work to enact gun control that could result in rifle confiscation, criminalization of private sales, tax and registration schemes, and elimination of a law that prevents gun companies from frivolous lawsuits. Read more

CCRKBA: Seattle Homicide Count More Proof Restrictive Gun Laws Failed

BELLEVUE, WA – A Wednesday report in the Seattle Times offers more proof that restrictions placed on law-abiding Washington State gun owners, plus a tax on gun and ammunition sales in Seattle, have dramatically failed to reduce violent crime as promised, the Citizens Committee for the Right to Keep and Bear Arms said.

In 2014, the Seattle-based Alliance for Gun Responsibility, a gun prohibition lobbying group largely funded by wealthy Seattle-area elitists pushed through Initiative 594, a so-called “universal background check” measure that was supposed to keep guns out of the wrong hands. In 2015, the Seattle City Council pushed through the gun tax that has never come close to its revenue forecast. In 2018, the gun ban lobby rammed through Initiative 1639, which prohibits young adults from purchasing any kind of semiautomatic rifle and requires an “enhanced” background check and 10-day waiting period, plus proof of training.

“All of these restrictive gun control measures have only penalized law-abiding citizens,” noted CCRKBA Chairman Alan Gottlieb. “All three have failed miserably, and the time has come for the gun ban lobby to admit it and allow each of these bogus crime fighting tools to be repealed. Indeed, gun prohibitionists should fold their tents and go home in shame, because their anti-violence ‘remedies’ have proven to be nothing more than snake oil.” Read more

SAF, Defense Distributed Win Court Victory in 3D Gun Case

BELLEVUE, WA – The Fifth U.S. Circuit Court of Appeals has unanimously ruled that New Jersey Attorney General Gurbir Grewal is “subject to the jurisdiction of Texas courts” in a First Amendment case brought by Defense Distributed, a Texas-based firm, and the Second Amendment Foundation.

The case revolves around plaintiffs’ distribution of materials related to the 3D printing of firearms. Defense Distributed and SAF contend Grewal’s efforts to prevent publication of the information online violates their First Amendment rights. Grewal has been fighting to stay out of Texas federal court in this case. He is one of nine Attorneys General to file suit in the Western District of Washington to enjoin the State Department from authorizing the release of Defense Distributed’s files. The opinion may be read here.

However, just before Grewal and his colleagues sued in Washington state, SAF and Defense Distributed filed their own legal action in the Western District of Texas challenging what they say is “select enforcement actions taken by the state Attorneys General.” Grewal, according to court documents, moved to dismiss “for lack of personal jurisdiction.”

“No one is above the law or the constitution, not even attorney General Grewal,” said SAF founder and Executive Vice President Alan M. Gottlieb. “If you trample on the First Amendment rights of gun owners trying to exercise their Second Amendment rights, you will be headed for trouble.”

In its ruling, the 5th Circuit noted, “Grewal’s conduct beyond sending the cease-and-desist letter confirms his intent to crush Defense Distributed’s operations and not simply limit the dissemination of digital files in New Jersey. Grewal’s enforcement actions are selective. Read more

Biden Chooses Senator Kamala Harris for Gun Control Partner

By Larry Keane of the National Shooting Sports Foundation

Americans’ Second Amendment rights will be front and center in the November election as 2020 presumptive Democratic nominee Joe Biden made it official, announcing U.S. Senator Kamala Harris (D-Calif.) as his running mate. The pick means Democrats will nominate one of the most antigun presidential tickets in modern history, placing Sen. Harris a heartbeat from the presidency.

She will also swing a heavy hammer to forge a platform that will punish the firearm industry and quash gun rights.

Sen. Harris tried her best to knock Biden out of the Democratic primary, but she dropped early after failing to gain voter acceptance and running out of campaign cash. More recently, she’s warmed up to her former rival and crows Biden’s praises on Everytown’s Veepstakes town hall appearances.

Golden State Gun Gaffes

Prior to her election to the U.S. Senate, Harris served as a prosecutor and then as California’s Attorney General. Despite these prominent law and order positions, she lacked basic understanding of the Second Amendment in a state with some of the strictest gun control in the country. She proclaimed she’d close by executive order the “online gun loophole” to stop “domestic terrorists with a laptop” from being “a click away” from purchasing a gun. There is, of course, no online gun sales loophole, as all firearm purchases must be completed with a face-to-face transfer and completed background check from a federally licensed firearm retailer.

As Senator from the Golden State, Sen. Harris also focused her online antigun efforts on the gun control bogeyman “ghost guns.” These are actually unfinished and unassembled parts hobbyists and gunsmiths have used since the founding of America. Sen. Harris joined with fellow gun control advocate Sen. Richard Blumenthal (D-Conn.) to introduce S. 3473, the Untraceable Firearms Act, despite the Department of Justice confirming they are “very rarely used by criminals.

Eliminate the Firearm Industry

Sen. Harris shares several gun control goals with Biden that make her a perfect fit on the ticket – perhaps none more consequential than her desire to go after “gun manufacturers and dealers that break the law,” matching Biden’s goal of eliminating the Protection of Lawful Commerce in Arms Act (PLCAA). The law protects firearm manufacturers and retailers from frivolous lawsuits that are actually designed to harass and punish manufacturers for the consequences of crimes committed by individuals. It’s much like holding Ford accountable for the damages caused by drunk driving incidents. Biden wants the same thing, calling the firearm industry the enemyfrom the debate stage, and making sure the elimination of the PLCAA was included in the Democratic National Committee platform as he heads the ticket.

Sen. Harris is also in lockstep with Biden on other platform pillars. She’s for reinstating the failed 1994 Assault Weapons Ban that Biden supports, even though it was shown not to reduce crime. She declared she would deem anyone selling more than five firearms in a year to be a firearm dealer and require them to run background checks and would punish those who don’t comply with her edict.

Dismissive of Voters Concerns

Sen. Harris doesn’t seem concerned about gun voters. She dismissed American voters and their legitimate concerns about personal and community safety. While speaking with Moms Demand Action’s Shannon Watts on her Everytown Veepstakes audition, Sen. Harris nodded along and agreed as Watts demagogued and belittled the millions of Americans who have purchased firearms in 2020, including more than 2.5 million who have done so for the first time. Responding to Watts, she stated “It’s not grassroots. It’s a façade. It’s a front for some other agenda. It’s not real.”

#GUNVOTE® in November

With less than 90 days to go until the election, voters know they can’t risk their rights and the consequences a Biden-Harris ticket would bring to Second Amendment rights. NSSF launched the #GUNVOTE online resource to make sure voters are educated before they cast their vote and don’t risk their rights.

CCRKBA Expands List of Anti-Gun Rights Businesses

BELLEVUE, WA – Four more high-profile names have been added to the Citizens Committee for the Right to Keep and Bear Arms “Don’t Feed the Gun Prohibitionists” roster of businesses that support gun control by banning guns in their establishments.

CCRKBA launched the educational effort earlier this month to identify businesses, and CEOs, who close their premises or openly support gun control. “Don’t Feed the Gun Prohibitionists” initially listed almost 200 businesses and CEOs. The “Don’t Feed the Gun Prohibitionists” project has developed a dynamic list of businesses and CEOs who have been pushing for new legislation designed to impair the rights of law-abiding firearms owners. The list may be found at www.ccrkba.org/antigunbusinesses.

“Today, we’re adding Subway, Chipotle, Sonic and Panera Bread to the list,” CCRKBA Chairman Alan Gottlieb announced. “All of these businesses have banned guns in their establishments, which is an insult to the millions of law-abiding, legally-armed citizens who have harmed nobody and committed no crimes.” Read more

NCLA Says 10 Circuit Ruling Deepens Circuit Split on Bump Stock Ban

NCLA Bump Stock Ban Reply Brief Says 10th Circuit’s Chevron Waiver Ruling Deepens Circuit Split

W. Clark Aposhian v. William Barr, Attorney General of the United States, et al.

Washington, DC – The New Civil Liberties Alliance, a nonpartisan, nonprofit civil rights group, filed a reply brief in the U.S. Court of Appeals for the Tenth Circuit to support its petition for full court review in the case of Aposhian v. Barr. NCLA argues that the panel majority committed legal error in its 2-1 decision denying Mr. Aposhian’s appeal challenging the ban on bump stocks issued by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). The reply brief addresses the ATF’s flawed arguments against the petition for rehearing.

For example, in opposing Mr. Aposhian’s request for en banc review, the government has argued that upholding the government’s waiver of Chevron deference could create a conflict among the circuits. But a decision issued earlier this month by the Ninth Circuit Court of Appeals directly conflicts with the Aposhian panel’s decision, thereby eliminating the government’s rationale for denying rehearing in the Tenth Circuit.

According to the Ninth Circuit, Chevron should not be applied to defer to an agency’s statutory interpretation when, as here, the government waives any reliance on it. The Ninth Circuit has now joined at least two other circuits in holding that Chevron deference is not a standard of review but is instead just one tool for statutory interpretation—and is thus subject to waiver.

The Aposhian panel majority also erred by disregarding the rule of lenity. When a criminal statute is ambiguous, the rule of lenity dictates that the law be interpreted to the benefit of the criminal defendant. Any other interpretation risks violating fundamental due process considerations of notice and an opportunity to be heard. Although Mr. Aposhian is not charged with a crime, the statute he is challenging carries criminal penalties, so the rule of lenity applies to it.

Not only has the panel created a deep split amongst the circuits, but it also broke ranks with prior decisions of the Tenth Circuit itself and with the U.S. Supreme Court. If the Tenth Circuit denies en banc review, Mr. Aposhian will either have to appeal the denial of his preliminary injunction to the U.S. Supreme Court or return to federal district court for a trial on the merits. Read more

CCRKBA: Gun Ban Lobby Sides With Portland Rioters

BELLEVUE, WA – A Seattle-based gun prohibition lobbying group has reached a new low, siding with rioters, looters and urban terrorists in Portland, Oregon in an attempt to smear law-abiding gun owners, the Citizens Committee for the Right to Keep and Bear Arms said today.

“We’ve seen some outrageous claims by the gun control crowd over the years,” said CCRKBA Chairman Alan Gottlieb, “but Friday’s fund raising appeal that tried to blame federal agents dispatched to Portland to protect federal property for continued riots is simply unconscionable.”

The Alliance for Gun Responsibility, a billionaire-backed anti-gun rights group, claims “federal agents have descended on the city turning the largely peaceful protests against racism and police brutality into violent clashes.”

“Like their usual anti-gun rhetoric,” Gottlieb observed, “the false image of Portland’s protests the Alliance is trying to create is a myth and they know it. Street thugs, using legitimate demonstrations as cover, have rampaged in downtown Portland for about two months before the Trump administration sent federal agents to protect Government property.

“Maybe the Alliance doesn’t care about the attempts by some rioters to blind officers by shining lasers in their eyes,” he added. “What’s next, blaming match companies for the arson at the Portland Police Association offices? Read more

CCRKBA Identifies “Anti-Gun Rights” Businesses

BELLEVUE, WA – The Citizens Committee for the Right to Keep and Bear Arms has launched a public campaign alerting gun owners about businesses and their CEOs who push for increased gun control and prohibition, identifying the culprits.

The “Don’t Feed the Gun Prohibitionists” project has developed a dynamic list of businesses and CEOs who have been pushing for new legislation designed to impair the rights of law-abiding firearms owners. The list may be found at www.ccrkba.org/antigunbusinesses.

“Many brand name businesses and corporate leadership have a nefarious agenda to limit gun rights,” said CCRBA Chairman Alan Gottlieb. “Their current and potential patrons should have the knowledge of what their hard earned dollars are actually funding. Read more

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