FPC Files Lawsuit Challenging California Discriminatory Fee-Shifting Regime

SAN DIEGO, CA – Today, Firearms Policy Coalition (FPC) announced the filing of a new lawsuit challenging the provisions in California SB 1327 that are designed to suppress and chill legitimate challenges to firearms regulations and were enacted as retribution for Texas’s SB 8 abortion law. The complaint in Miller v. Bonta (Miller II) can be viewed at FPCLegal.org.

“On July 22, 2022, Governor Newsom signed into law Senate Bill 1327, which includes a one-way fee-shifting penalty in the government’s favor that applies solely to litigation challenging state and local firearm regulations,” details the complaint. “In simple terms, Section 1021.11 enables government defendants to recover fees if a firearms plaintiff loses on any claim in the case, while the plaintiff can only avoid liability for fees if it prevails on every claim in the case. Firearms plaintiffs, moreover, cannot be ‘prevailing parties’ under Section 1021.11, meaning they are never entitled to fees.”

“Section 1021.11 is not even rationally related to any legitimate government interest and therefore would fail even rational basis review,” the complaint goes on to argue. “As noted above, SB 1327 was apparently adopted in retaliation for Texas’s SB 8 in connection with abortion statutes. Retaliation is not a rational justification for the classifications in this case and, indeed, is an utterly impermissible justification.” Read more

SAF Sues California Over Law Suppressing Gun Lawsuits

The Second Amendment Foundation has filed suit in federal court in California, asking for injunctive relief and a declaratory judgment against the state’s new law which includes a one-way fee shifting penalty in the government’s favor that applies only to litigation challenging state gun laws.

Joining SAF are plaintiffs James Miller; Ryan Peterson; John Phillips; Gunfighter Tactical, LLC; PWGG, L.P.; San Diego County Gun Owners Political Action Committee; California Gun Rights Foundation; and Firearms Policy Coalition, Inc.; John W. Dillon; Dillon Law Group, P.C.; and George M. Lee. Defendants are California Attorney General Rob Bonta and Luis Lopez, Director of the California Department of Justice Bureau of Firearms, in their official capacities. The case was filed in U.S. District Court for the Southern District of California, and is known as Miller v. Bonta.

The complaint asserts the law violates the Supremacy Clause of the U.S. Constitution. It also says the new California law enables government defendants to recover fees if a firearms plaintiff loses on any claim in the case, while the plaintiff can only avoid liability for fees if it prevails on every claim in the case. Therefore, firearms plaintiffs cannot be “prevailing parties” under Section 1021.11, meaning they are never entitled to recover fees and costs.

As noted in the lawsuit, SAF has been forced by the law “to refrain from challenging California gun-control laws that it believes are unconstitutional, including by forcing Plaintiff SAF to remove itself from litigation that had already commenced.”

“In its effort to silence any opposition to unconstitutional gun control laws,” said SAF founder and Executive Vice President Alan M. Gottlieb, “the California Legislature adopted this new statute which details when and under what circumstances attorney’s fees may be awarded in cases challenging those gun laws.

“Essentially,” he continued, “this new law is designed to suppress any defense of the Second Amendment in court by imposing standards that violate the First Amendment. The law upends Congress’s regulation of fee awards by, among other things, purporting to change who may be considered a ‘prevailing’ party entitled to fees. Simply put, the new law is unconstitutional, and it should not be allowed to stand.”

Plaintiffs are represented by attorneys David H. Thompson, Peter A. Patterson and Joseph O. Masterman with Cooper & Kirk, PLLC in Washington, D.C., and Bradley A. Benbrook and Stephen M. Duvernay at the Benbrook Law Group, PC in Sacramento.

Garmin inReach Messenger: Easy-to-Use Satellite Communicator When Outside of Cellular Coverage

Weighing only 4 oz., device allows you to send and receive messages, trigger an interactive SOS and be notified that help is on the way — even without a cellphone

OLATHE, KS — September 27, 2022 – Garmin® International, Inc., a unit of Garmin Ltd. (NYSE: GRMN), today announced inReach® Messenger, a new communication-focused device with global two-way texting, location sharing, and SOS capabilities1. Built for those who want a quick and easy way to reach loved ones when they’re without cellular coverage, inReach Messenger provides seamless satellite communication either as a standalone device or when paired to the new Garmin Messenger companion app for smartphones. This new app leverages Wi-Fi®, cellular and satellite connectivity for two-way texting and group messaging. The Messenger companion app will automatically choose between Wi-Fi, cellular or satellite connectivity to ensure every message is sent and received. In the event of an emergency, the inReach Messenger and Messenger App2 can send an SOS message to the 24/7 staffed Garmin International Emergency Response Coordination Center (IERCC).

“Garmin inReach devices are trusted by hundreds of thousands of users globally for communication and peace of mind. The new inReach Messenger is no exception, but with its multiple communication networks, ease-of-use, and smartphone compatibility, it is a perfect device for those who want to easily keep in touch when outside of cell coverage,” said Dan Bartel, Garmin vice president of global consumer sales. “Like all inReach devices, inReach Messenger has the ability to send an SOS message to the Garmin IERCC, which has responded to more than 9,000 inReach SOS incidents.”

Streamlined Communication

When paired with the inReach Messenger, users can sync with their smartphone’s contacts list with the companion app to make staying in touch even easier. For the most efficient messaging, the companion app will send messages, post to social media or communicate with fellow adventurers through a cellular or Wi-Fi connection when available, then automatically switch to the 100% global Iridium® satellite network when no longer in cellular or Wi-Fi range.

To keep all friends and family up to date on a trip, the new Messenger companion app supports group text chats with friends and family, even those without inReach devices. Users can continue in-app conversations at home using their Wi-Fi or cellular connection without having to change settings. Read more

Primary Arms Optics Releases the New SLx 1-10x28mm SFP Rifle Scope

HOUSTON, TEXAS – Primary Arms Optics has just released their first 1-10x scope, the SLx® 1-10x28mm SFP Rifle Scope, which launches with a choice of two ACSS® reticles. Priced at $449.99, this new 1-10x LPVO delivers premium performance with unprecedented value.

The SLx Series built Primary Arms Optics’ reputation for innovation, reliability, and value. All SLx products undergo rigorous field-testing during development to best serve the user in any environment. That includes the new SLx 1-10x28mm SFP Rifle Scope, which proved its precision and durability through extensive live-fire testing on a SCAR 17.

The SLx 1-10x28mm SFP Rifle Scope offers a generous eye box and 28mm objective lens, which provides enhanced light transmission for a superior image. Despite its 34mm tube, this scope weighs only 19.2 ounces with a 10.5-inch overall length. It features 11 different reticle illumination settings, including two night vision compatible settings and two daylight-bright settings. Read more

Ruger Reintroduces the Marlin Model 1895 Guide Gun

Sturm, Ruger & Company, Inc. (NYSE: RGR) is pleased to announce the Marlin Model 1895™ Guide Gun. Formerly known as an “1895 GBL” (Guide Big Loop), this model is Ruger’s first reintroduction in the Guide Gun family of rifles and Ruger’s first introduction of an alloy steel Marlin rifle with a blued finish.

“The Guide Gun is our next step in the expansion of the Marlin line,” stated CEO and President, Chris Killoy. “Marlin fans should be encouraged by the growth in product offerings and know that we are going to continuously expand into other models.”

Chambered in .45-70 Govt., this rifle features a 19” cold hammer-forged barrel with a 1:20” twist. The threaded barrel (11/16”- 24), comes with a match-polished thread protector and will accommodate common muzzle devices.

This Guide Gun sports a handsome brown laminate stock with crisp checkering to help maintain a good grip in virtually all weather conditions. This rifle also utilizes a traditional, fully adjustable semi-buckhorn sight system. The alloy steel receiver, big loop lever, and trigger guard plate feature a non-glare, blued, satin finish. The bolt is nickel-plated for smooth cycling and durability.

To stay up-to-date on future Marlin announcements and learn more about the Marlin 1895 Guide Gun, visit MarlinFirearms.com, Facebook.com/MarlinFirearms or Instagram.com/MarlinFirearmsOfficial.

Henry Repeating Arms Introduces Limited-Edition Rifles to Celebrate Twenty-Five Years of Gunmaking

RICE LAKE, Wis., Sept. 26, 2022 – Henry Repeating Arms, one of the country’s leading firearm manufacturers, is pleased to announce two limited-edition models celebrating the company’s twenty-fifth anniversary. Available at dealers nationwide while supplies last, the rifles pay tribute to the beginnings of Henry Repeating Arms as a company and the origins of the lever action rifle’s enduring legacy in America.

“In the gun-making business, twenty-five years makes us a new kid on the block, but I am endlessly proud of how far we have come,” said Anthony Imperato, CEO and Founder of Henry Repeating Arms. “These new rifles are not only a toast to what we do best, which is building guns, but it’s a toast to every single one of our employees and customers that have made Henry Repeating Arms a part of their lives and keeps us striving for our very best day in and day out.”

Twenty-five years ago, from a small manufacturing facility near the Gowanus Canal in Brooklyn, New York, Henry Repeating Arms began shipping the now world-renown model H001 Classic Lever Action .22. Since then, the company has sold more than one million of the rifles. Now, the company is introducing the 25th Anniversary edition, which features Semi Fancy genuine American walnut furniture and an engraved, nickel-plated receiver cover with 24-carat gold plated highlights. Other specifications include a tube magazine with capacity for 15 rounds of .22 Long Rifle, 17 rounds of .22 Long, or 21 rounds of .22 Short, a fully adjustable semi-buckhorn rear sight, and a hooded blade front sight. The Classic Lever Action .22 25th Anniversary Edition (model H001-25) is limited to 5,000 units with a manufacturer’s suggested retail price of $1,130. Read more

Meprolight Solves the Problem

Pick up any gun magazine and you will see reviews on the benefits of micro-red-dot sights or ads for new pistols coming from the factory optics-ready. What if, like millions of other Americans, you already own a standard pistol — not optics ready — and want to mount a micro-red-dot? The main issue when purchasing a red-dot optic for your pistol involved milling the slide to mount the optic. Another issue involved the need for tall, co-witness iron sights for back-up purposes. On top of that, what happens if you don’t want the optic on your gun for any particular reason? Technological advances in design and manufacturing allowed the engineers at Meprolight® to solve these problems with the Mepro microRDS.

The Mepro microRDS — with the patented quick-detach (QD) adaptor Kit — featuring a 3 MOA dot utilizes the existing rear dovetail slot to mount the adaptor holding the Mepro microRDS or any other red dot optic available on the market. Now, many different brand pistols can use a red-dot optic without the need to drill and tap mounting holes on barrels or slides. The adaptor mounts directly to a Meprolight TruDot®, self-illuminated sight which also functions as a back-up sight should the shooter need to remove the optic. It can be placed back on the gun without having to re-zero the sight. Read more

FPC Notches Another Win: Federal Judge Blocks Delaware Ban on Self-Built Firearms Possession, Home Manufacturing

WILMINGTON, DE (September 23, 2022) – Firearms Policy Coalition (FPC) announced that United States District Judge Maryellen Noreika issued an order enjoining Delaware’s bans on self-manufacturing and possession of home-built firearms in its Rigby v. Jennings lawsuit. The opinion and order can be viewed at FPCLaw.org.

“These statutes burden constitutionally protected conduct because possession of firearms and firearm frames and receivers is within the scope of the Second Amendment’s right to ‘keep and bear Arms’ and Defendant has not shown that these firearms and components are not commonly owned by law-abiding citizens for lawful purposes,” wrote Judge Noreika in her opinion. “Further, Defendant has offered no evidence that these statutes are consistent with the nation’s history of firearm regulation.”

The Court went on to hold that “the right to keep and bear arms implies a corresponding right to manufacture arms. Indeed, the right to keep and bear arms would be meaningless if no individual or entity could manufacture a firearm. Thus, if possessing untraceable firearms is protected by the Second Amendment, then so too is manufacturing them.”

The Court’s Order states in pertinent part that: “Defendant [Delaware Attorney General Kathy Jennings], her officers, agents, servants, employees, and all persons in active concert or participation with her, and all persons who have notice of the injunction are preliminarily enjoined from enforcing 11 Del. C. § 1459A(b); 11 Del. C. § 1463(a); 11 Del. C. § 1463(c)(1) and from enforcing 11 Del. C. 1463(b) to the extent that the Court has found it likely unconstitutional (i.e. the statute’s provisions that bar the manufacturing and assembly of untraceable firearms, but not the prohibitions against distributing untraceable firearms).” The Order issued today further denied the State’s motion to dismiss in its entirety.

“The self-manufacture of arms is deeply rooted in American history,” said FPC Law’s Director of Constitutional Studies, Joseph Greenlee. “It has been a celebrated tradition since the earliest colonial days, it helped save America’s war for Independence, it was essential to western expansion, and it has led to many of the most innovative technological breakthroughs in our nation’s history. We are pleased that the court recognized this essential element of the right to keep and bear arms and will continue to fiercely advocate for its protection.” Read more

Hillsdale College Announces New Pistol Range at Shooting Sports Center

The Ailes Action Shooting Range will serve as the home to the Hillsdale Action Shooting Team

HILLSDALE, Mich. — Hillsdale College announced the construction of the Ailes Action Shooting Range at the John Anthony Halter Shooting Sports Education Center. The new rifle and pistol range will provide new shooting sports opportunities at Hillsdale’s state-of-the-art range facilities.

“The shooting sports have been growing in the Hillsdale area and across the country,” said Jim Dugan, director of the Hillsdale College John Anthony Halter Shooting Sports Education Center. “The addition of this new action range increases the variety of what we can offer at the Halter Center.”

The Ailes Action Shooting Range features three 30-yard pistol bays, a 40-yard pistol bay, and a 100-yard rifle range. The primary impetus for the range’s construction was the establishment and success of Hillsdale College’s new action shooting team, which won its first national championship at its very first such competition. Read more

Safe Tree Climbing

By Glen Wunderlich

Charter Member Professional Outdoor Media Association (POMA)

Better safe than sorry.  We’ve all heard these words of wisdom, but unless we’ve had a good scare, or an accident, these words to the wise tend to fall on deaf ears.  And, falling on deaf ears may result in falling on the ground, if deer hunters fail to follow safety guidelines when hunting from trees.

One in three persons using treestands will experience a fall in their lifetime.  Still feel like gambling?

Recent designs in full body harnesses have made antiquated belts obsolete.  Certainly, with costs between $50 to $200, they’re not inexpensive but neither is a broken neck or back.

Any time you are above ground, you are in danger and need to protect yourself. Hunters need to use a Full Body Fall Arrest Harness System (FBFAHS) that meets stringent industry standards.

However, just wearing a harness is not enough. The second component in the safety system is a lifeline or safety line that attaches securely to the tree, and then connects to the hunter’s FBFAHS. This is an integral part of the safety system. It will support the hunter’s weight without breaking, and the inclusion of a Prusik knot allows a hunter to be connected during ascent and descent, as well as when sitting in the stand. The Prusik knot slides easily going up and down, but if there is a sudden fall, the knot tightens immediately, helping to prevent serious injury.

Help?  If you are stuck hanging onto a tree with no means to go up or down, you’ll need help.  That’s why a cell phone could save your life but it must be kept on your person.  No cell service?  It’s good to know that before you climb.  In that case, you’ll need someone on the other end of a two-way radio who can be contacted in the event of an emergency.  Hunting with a friend is another means to avoid catastrophe.

In your new safety vest/harness, you’ll want to tote a few essential tools, as well, including a sharp pocket knife and folding tree steps.  With a knife at hand, a climber can cut straps loose and tree steps can give you a place to stand during the recovery process.

Another option is one more device:  Primal Treestands’ Emergency Descender (wwwPrimaltreestands.com).

After just a few minutes of hanging in a treestand harness after a fall, the leg straps can interrupt blood flow to and from your legs, causing a deadly condition known as suspension trauma, which can cause pain, unconsciousness and even death within as little as 15 minutes.

The Emergency Descender lowers the hunter to the ground automatically and hands-free immediately after a fall. Even if a hunter is unconscious or injured, the Emergency Descender can provide an automatic and gradual descent to the ground.

It can be used with the hunter’s current full-body safety harness, as long as the harness meets ASTM standards for a fall-arrest system. The weight range for users is 120 to 300 pounds.

The Emergency Descender is small enough to fit into a coat or safety harness pocket, weighs less than 2 pounds and allows the hunter to be attached to a tree at 25 feet from the ground.

At a suggested retail price of only $50, the one-time-use Emergency Descender is an affordable, simple, life-saving system.

In addition, universal shooting rails are approximately $40 and can be added to a stand for insurance against falls, while doubling as rests to steady shots and I’ve installed one at each of my treestands.

It’s easy to learn how to use modern safety devices, and if you are at all confused, plenty of quality instructional videos are available online.  Be safe and live to hunt another day.

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