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

Gun Control

Federal Ammunition Awarded $13.8 Million Order from the U.S. Army

ANOKA, Minnesota – July 29, 2020 – Federal Ammunition was recently given a new $13.8 million delivery order based on its contract awarded in 2017 by the U.S. Army. The order is for 5.56 NATO MK311 Frangible Ammunition, which is better known by ordnance code AA40. This military-grade, training ammunition has a 50-grain frangible bullet comprised of a non-toxic, copper and tungsten powder matrix core, and a gilding metal jacket. It disintegrates into small fragments on impact, minimizing over-penetration and ricochet hazards.

“One of the differentiators of AA40 is the use of Federal’s exclusive Catalyst primer. It’s a lead-free technology that provides the most reliable, consistent ignition possible,” said VP of Law Enforcement, Government and International Sales David Leis. “Unlike many other lead-free primer formulations, Catalyst primers have unique properties that allow them to be effectively and safely used in service ammunition. Catalyst primers have been used in hundreds of millions of rounds of ammunition delivered to military, law enforcement and commercial customers to-date.” Read more

Ammunition

Pope and Young Defines Use of Cellualar Trail Cams

Chatfield, MN – The Pope and Young Club, historically, has not viewed the use of trail cameras as a violation of the Rules of Fair Chase. With the invention of wireless trail cameras and other devices that can send real-time data to a hunter, all hunters need to consider how the use of these devices may affect fair-chase. While the use of a wireless trail camera is not automatically a violation of the Rules of Fair-Chase, using this technology to deliver real-time location data of the animal being hunted, would be a violation of the Rules of Fair Chase #7.

“After numerous phone calls and emails asking for clarification on the use of cellular trail cameras and other transmitting technology,” said Roy Grace, Records Chair for the Pope and Young Club. “The Pope and Young Records Committee, with assistance from the Boone and Crockett Records Committee, jointly created a policy that should provide hunters with a greater understanding of how this technology can be used in a manner that still provides Fair-Chase.”

For clarification, receiving a wireless image (photo, video, GPS coordinate, etc.), which elicits an immediate (real-time) response, guiding the hunter to the animal would be considered a violation of the Rules of Fair-Chase. This would prohibit that animal from being eligible for entry into the Pope and Young Club’s Records Program. Fair-Chase is defined as the ethical, sportsmanlike, and lawful pursuit of free-ranging wild game animals that does not give the hunter an improper or unfair advantage over the animal. Read more

Hunting

Fiocchi Announces Major Industrial Expansion in Arkansas

July 2020 – Fiocchi, a global leader in defensive, target, and hunting ammunition, is pleased to announce plans for a significant investment in a new, independent manufacturing facility in Little Rock, Arkansas. This plan is part of an ongoing strategic initiative by Fiocchi of America and the Italy-based Fiocchi Group to expand its U.S. and international operations.

Establishment of the new industrial platform follows Fiocchi’s recent infrastructure and proprietary technology acquisitions — all of which are intended to significantly broaden the company’s manufacturing capabilities in response to increased demand and projected growth trends.

“We are excited to start this new chapter of Fiocchi’s history here in Arkansas,” said Anthony Acitelli, President and CEO for Fiocchi of America. “The plant is a state-of-the-art production facility that will be instrumental in offering our customers premium products and unparalleled service levels.” Read more

Ammunition

5,000 Burmese Pythons Removed from Everglades

FWC, SFWMD announce milestone in effort to restore the Everglades: 5,000 Burmese pythons removed

The Florida Fish and Wildlife Conservation Commission (FWC) and the South Florida Water Management District, working together under the direction of Gov. Ron DeSantis, removed 5,000 invasive Burmese pythons from South Florida’s Everglades ecosystem.

“We’ve learned through the Python Challenge that experience counts when finding and removing Burmese pythons,” said FWC Commissioner Rodney Barreto. “We can’t win the battle alone. It’s one team, one mission. We need the support of these experienced python hunters as well as the partnership with the South Florida Water Management District and the ongoing support of Gov. Ron DeSantis.”

“Another win for the Everglades. This is what agencies like the South Florida Water Management District and the FWC, focused and working together, can accomplish,” said SFWMD Governing Board Member “Alligator Ron” Bergeron. “Every snake counts. Each invasive python eliminated represents hundreds of native Florida wildlife saved. With Gov. DeSantis’ continued leadership, Florida is doing more than it ever has to remove pythons from the Everglades and protect this ecosystem for generations to come.” Read more

Wildlife

Michigan: Learn to Wing Shoot with August 20 Class

Have you ever wanted to learn to wing shoot? Then this class is for you – come join the fun!

You will learn the basic skills of holding and shooting a gun at a moving target. No shotgun experience is necessary. Shotgun and ammunition will be provided, or you can bring your own shotgun.

Registration is $20. Class size is limited to 15 students. You must be 18 or older to attend. Frankenmuth Conservation Club is located at 8415 E. Curtis Road in Frankenmuth.

For more information or to register, contact Bill Fischer at 989-395-5945 or FischerW@Charter.net.

Participants should bring their own eye and ear protection. Although this is an outdoor program and proper social distancing of at least 6 feet is required, participants still are encouraged to wear face coverings as an added precaution.

Firearms, Hunting

Coast Guard Rescues Kayak Angler 6 Miles off Hawaii

HONOLULU — Coast Guard and Hawaii County Fire Department crews rescued a kayaker beset by weather 6 miles off South Point, Monday.

The crew of the Coast Guard Cutter Kimball (WMSL 756) recovered the kayaker with his craft and transported him to Keauhou Bay.

“Even the most experienced mariner can find themselves in trouble when out on the ocean and that is especially true following a large storm,” said Petty Officer 2nd Class Jonathan Lackey, a Sector Honolulu watchstander. “The Islands are still feeling the after effects of Hurricane Douglas and we urge people to exercise caution due to the high surf and strong rip currents caused by the storm.”

No injuries or medical concerns were reported.

At 7:55 a.m., Sector Honolulu watchstanders received a report from the Hawaii County Dispatch reporting they had received a call from a kayaker in distress. The kayaker stated he had become beset by weather while fishing Sunday night and had drifted off shore. He stated he was capsizing and fatigued.

The Hawaii County Fire Department launched an Air 1 helicopter air crew in response while Sector Honolulu watchstanders issued an Urgent Marine Information Broadcast notice to mariners, and diverted multiple coast guard assets including the Kimball to assist.

The HCF Air 1 helicopter crew arrived on scene, located the kayaker, and remained overhead until the Kimball arrived.

“The kayak blended in with the whitecaps created by the strong winds,” said Seaman Michael Bassman, a lookout aboard the Kimball. “This made the mission incredibly difficult but also all the more fulfilling with its successful conclusion.”

Because of these difficulties the Coast Guard recommends waterway users wear bright clothing while out on the water to assist search and rescue crews during emergencies.

The weather on scene was winds of 28 mph and seas up to 8 feet.

Fishing

Remington Outdoor Company, Subsidiaries File for Chapter 11 Reorganization

  • Company seeks “going concern” sale to complete restructuring
  • Operations to remain ongoing during restructuring process

Huntsville, AL – Remington Outdoor Company (“Remington” or the “Company”), a leading manufacturer of firearms and ammunition, announced today that Remington and its subsidiaries have filed voluntary petitions for relief under Chapter 11 of the U.S. Bankruptcy Code in the United States Bankruptcy Court for the Northern District of Alabama (the “Court”). The Company intends to conduct a competitive bidding process for the sale of some or all of its assets pursuant to Section 363 of the Bankruptcy Code.

The court’s protections during the Chapter 11 process will enable the Company to manage the sale process on an expedited basis while protecting the interests of its customers, employees and other stakeholders. Remington is in active discussions with a number of parties and will continue to engage with parties interested in a going-concern sale. The Company expects to solicit bids prior to an auction to be held in September 2020.

The Company has filed with the Court a motion to approve the use of cash collateral securing its existing Priority Term Loan. Subject to court approval, this cash collateral, combined with cash from operations, is expected to provide sufficient liquidity to, among other things, support the company’s continuing business operations and to minimize any disruption during the sale process. The Company has also filed with the Court a series of customary motions seeking to continue operating its business and facilities. These “first day” motions include requests to continue to pay wages and provide benefits to employees as usual. Read more

Firearms

Michigan Wolf Survey Shows Stable Populations

The Michigan Department of Natural Resources said today that the state’s wolf population has remained relatively stable over the past nine years, with the most recent survey completed this past winter. DNR Wildlife Division staff who participated in this latest survey estimate there was a minimum of 695 wolves found among 143 packs across the Upper Peninsula. Pack size has remained stable and averages just under five wolves.

Dan Kennedy, acting chief of the Wildlife Division, said the DNR has surveyed wolves since 1989 when they began naturally recolonizing the U.P.

“The survey is important because it helps us monitor wolf distribution and abundance, answer research questions and evaluate progress toward state and federal recovery goals,” Kennedy said. “Our survey results continue to demonstrate that Michigan’s wolf population has recovered.”

The survey was conducted from December through March, before wolves had produced pups, when the population is at its lowest point in the annual cycle.

Read more

Wildlife

Introducing Axe Crossbows

Performance. Optimized.

Superior, WI – Forged for the fury of the field, Axe Crossbows have been engineered from the ground up to deliver an unparalleled shooting experience. Balance, accuracy, safety, speed, durability and stealth – like nothing the hunting world has experienced before. Compact by design, but colossal with its features, the new Axe AX405 crossbow is best characterized as; Performance. Optimized.

Thousands of hours in research and development have culminated into a configuration that widely departs from average in look, feel and efficiency. Historically, balance, weight and sound have all been the bane of crossbow designs and use. Axe cuts through those barriers with an optimized system that leverages the sum of all parts to deliver unprecedented performance and accuracy. With industry changing specs, the AX405 boasts 69% less felt recoil and 92% less sound resonance than comparable models.

At a compact and maneuverable 27.75-inches long and less than 10-inches axle-to-axle (cocked) the weight of the crossbow is centered over the shooter’s hand by way of a balanced shoot-through stock and riser design combined with a reverse limb system. This configuration empowers the most efficient part of the AX405’s split limbs to deliver bolt speeds in excess of 405 feet-per-second, from just 13-inches of power stroke. A proprietary cam system is linked by cables that run parallel to each other, rather than from the top of one cam, to the bottom of the other. This unique configuration eliminates cam-lean, limb torque and is further enhanced by an exclusive cable brace that engages the riser to aid in the limitation of flex away from the center of the crossbow. When combined, these features allow the string to move along the same plane throughout the entire power stroke. Unlike the one-piece aluminum rail concepts of conventional crossbow designs that rob speed, efficiency and bolt life, the stock of the AX405 eliminates the rail and utilizes dual carbon guide rods along the entire length of the stock. When combined with the shoot through riser and a tunable roller rest on the bow’s front end these features create a free-floating arrow system that mitigates contact, friction and torque along the arrow’s entire path further enhancing efficiency, accuracy and speed output. Amplifying the bow’s performance is a proprietary and industry-first small diameter (.166 I.D.) bolt system constructed to deliver extreme accuracy, durability, penetration and safety at a head-turning 17-inches long. The interaction between the bolt’s premium aluminum capture nock system and the bow’s string create an audible sound to note full connection and preparation to interface with the trigger system. Read more

Archery
1 … 602 603 604 605 606 … 1,760