Month: March 2023

Michel & Associates, PC – Updated

I reached out to Michael & Associates, PC for a short write up about their firm. They have been doing great work for the Second Amendment community for years. They are based out of California.

Thank you very much for their hard work supporting the Second Amendment.

This is what they sent:



Michel & Associates, PC is one of the nation’s most recognized and well-respected firearms law firms. Our attorneys are among the world’s most experienced successful Second Amendment advocates. Our extensive firearms law and litigation experience enables us to address increasingly complex issues to help our clients. Our attorneys have expertise in the mandates of federal and state firearm laws and regulations. We wrote the book on gun law in California: California Gun Laws, A Guide to State and Federal Firearms Regulations (www.calgunlawsbook.com).

Michel & Associates’ attorneys appear at agency and legislative rule-making proceedings that impact firearms owners’ interests, assist in drafting firearms legislation, represent clients in firearm licensing matters, represent firearms manufacturers, wholesalers, and retailers in product liability litigation, defend against firearms-related criminal charges, and challenge ill-conceived or unconstitutional state laws and local ordinances in court.

We advise manufacturers, wholesalers, retailers, clubs, ranges, and firearm owners on regulatory compliance requirements, defend against criminal or government agency regulatory enforcement actions, and represent various clients challenging gun control laws on Second Amendment and related grounds.

Our clients include non-profit associations, industry trade associations, gun show promoters, firearm importers, manufacturers, distributors, and retail dealers, indoor and outdoor shooting ranges, law enforcement agencies and officers, special-effects companies, prop houses, armories, pyrotechnicians, and individuals and companies facing firearms-related federal or state licensing and compliance issues or criminal charges.

Michel & Associates has challenged dozens of laws and regulations on Second Amendment grounds. Litigation and test cases moving through the courts today will establish the parameters of the right to keep and bear arms for future generations. We are proud to be on the front lines of the self-defense civil rights battle.

Update

CRPA Is the primary client and founder of our 2A litigation.
C.D. Michel – Private email

Please go visit the California Rifle and Pistol Association. Give them some love for all they are doing for the Second Amendment community.

Boland v. Bonta: Another District Court Win “UHA”


B.L.U.F. A big win out in California where parts of the Unsafe Handgun Act were enjoined. If this injunction stand it is possible that new handguns will be added to the California Roster for the first time since 2013. Side note, the say that there are some 800 handguns on the roster, this is misleading. A firearm can be on the roster multiple times because each sku is considered a different handgun. I.e. a changing the finish of a handgun makes it a different handgun in the eyes of the state.


The Question

On 2022-08-01 the plaintiffs(good guys) filed a Complaint for Declaratory and Injunctive Relief in the Federal District Court of Central California. The complaint asks does the California Unsafe Handgun Act (UHA) violate the Second Amendment by denying The People of California access to new firearms in common use throughout the country? and does the UHA violate the Commerce Clause by interfering in interstate economic activities?

Or as the plaintiffs put it:

Here, Plaintiffs present a question very close to the question posed to the Supreme Court in Heller: what is the scope of the government’s ability to regulate the possession of handguns—the “quintessential” choice—for self-defense? More specifically, does the Second Amendment allow the state to significantly restrict the specific models of the “quintessential self-defense” weapon available to eligible citizens (i.e., the handgun)?
Boland v. Bonta — Complaint for Declaratory and Injunctive Relief at ¶ 73

and:

California’s UHA both unduly burdens and discriminates against interstate commerce because it allows intrastate private party transfer of an Off-Roster handgun but prohibits an out of state private party possessor of an Off-Roster handgun from transferring that firearm into the state to a California resident who wants to acquire it.
Id. at ¶ 81

On 2022-09-22 the parties agreed to drop the second question regarding discrimination against interstate commerce.

The defendant response consists of nearly 18 pages of the Attorney General denies each and every allegation unless they are admitting to a statement of law. In that case he still denies each and every allegation and denies even the quoted regulation if it is misstated. For other paragraphs he says he just doesn’t know.

In short the AG’s answer is “Nope.”

The state then claims affirmative defenses. An affirmative defense is when the other party is required to prove. The first is that the state claims that the plaintiffs failed to state facts sufficient to bring action against the state. Given that the state denies all the allegations this makes sense.

Then there is that old bugaboo. They claim that the plaintiffs lack standing and if they did they there are adequate remedies within the law for their complaint.

FOURTH AFFIRMATIVE DEFENSE
The Complaint, and every cause of action therein, is barred by the equitable doctrines of estoppel, laches, unclean hands, and/or waiver.
Answer to Amended Complaint at P 16

The Stages

Read More

Contributor article: Eddie the Eagle in School

One subject I believe (without any polling) the vast majority of us support is real gun safety. When a child is injured or killed by a gun, it hurts us all. I believe that the best way to keep that from happening is for children to learn from an early age what to do if they find themselves around a gun without adult supervision. To that end, this is a short story about how I helped get a firearms safety course taught in our local elementary school. I cannot take credit for anything much beyond being a catalyst to launch the program, but sometimes just a spark is all it takes.

In 2019, the Connecticut General Assembly passed a very poor law, the Safe Storage Law, Public Act No. 19-5. However, a part of the act did do a very good thing. It changed the language of an existing statute, directing the State Board of Education to develop, “guides to aid local and regional boards of education in developing firearm safety programs for students in grades kindergarten to [eight] twelve, inclusive, in the public schools” from “may” (which they never did) to “shall”. That guide (found here) was finally published in the Spring of 2021 and is actually a useful document.

When CCDL (Connecticut Citizens’ Defense League) notified its membership of the new guide, they encouraged members to contact their local School Boards to support actually teaching a firearm safety course in their local school. I wrote an email about the training to the Chair of the Barkhamsted, CT BOE, and the Chair forwarded my email to Jim Agostine our new Superintendent of Schools. Jim emailed me and initiated a phone conversation. Jim was most receptive to the idea, having used the Eddie the Eagle program for second graders in his previous school system. I offered to do some basic research on the program, including costs, and he took the idea to the School Board.

As with everything involved with government, nothing happens overnight, and in small towns that can be in spades. Nevertheless, Jim’s initial approach to the Board got a favorable response and we continued to develop the information necessary to go forward. However, things did stall a bit and I offered to send a letter to the Board with a formal request to implement the training for one grade in the Elementary School. While I have no real standing in town other than being a resident and taxpayer, apparently it helped. The town got the funding for the Eddie the Eagle program materials, our Resident Trooper volunteered to help deliver the training, and it happened in the Spring of 2022! Unfortunately, I don’t have any pictures of the event, but the good news is that it will be taught again this Spring to this year’s second grade class. Our hope is to expand it to teach a second course to the fifth grade class each year as well, but that is still in the future.

While this is not a very exciting story, it did show me that we can make changes at the local level if we are just willing to speak up and to provide help and encouragement. It won’t always happen as smoothly as this did for me, but I was extremely lucky to make contact with an official who was already disposed to support my request on the first try. Find that person and your odds of success skyrocket. I want to believe that it also helped that I was willing to do some basic research about programs and help make contact with possible instructors, but the real work was done by Jim and his staff and would not have happened without his enthusiastic support.

It also introduced me to the Eddie the Eagle program. While I had heard of the program, I had never looked into the details. If you haven’t seen it, I highly recommend visiting the site to see for yourself. The NRA did a great job and spent your money well for once, but I’ll warn you, once you watch the movie you won’t get the jingle out of your head! This is true Gun Safety and the more we can get it out there, the safer our kids will be. Even if your school isn’t willing to teach the program, you could present it within you gun club or other organization. Just do it!

They want to kill you: comedy club edition

This is almost painful to watch:

https://twitter.com/WUTangKids/status/1637267980538068992?s=20

 

First of all, let this be your daily reminder that they hate you and want to kill you.

Now let’s break down everything wrong here.

In the fantasies where the NRA/MAGA/Right are being mass murdered, these people are never the ones doing it themselves.

It’s always “the military” as though the military is a monolithic block that will uniformly obey orders to drone strike America citizens.

Of course, there are Leftist offices who would, and enlisted who will obey any command for a paycheck, but their is equally a good chance that the SSG in question, flying the drone is an NRA Golden Eagle.

Next, this particular comedy bit only works in his hypothetical situation where the field of battle is some sort of designated arena.

Reality is that such a war in the US would have no battle lines.  The NRA members would be mixed in developments next to houses with “Love is Love” and “Hate has no home here” door mats.

Asymmetric war would be the name of the game, and I guarantee you it would be ugly to a degree that nobody in the west is prepared for.

It’s literally a plausable situation where the brother of the NRA member who just got droned is a contractor at the base where the drone pilot flies from, and their kids play on the same little league team.  Now tell me how that situation ends.

“We will win this war with the push of a button” is the most ignorant possible takeaway from the GWOT.

Lastly, this twig-arm numb-nuts somehow believes that he is untouched in this situation.  That his cheerleading of the murder of American citizens will be given a pass.

It won’t.

So if we’re going to have some annual televised “FAFO trial,” let the military sit it out, because ot will be rendered useless in very short order.

Make it between these sorts of Leftists and the people on the Right they want to murder, and let them discover what the reality of what civil war is actually like.

Triumph of the Will against Remington

Sandy Hook Gun Lawsuit to Be Dramatized in Limited Series

A lawsuit brought by families of Sandy Hook Elementary School mass shooting victims against a gun manufacturer will be the subject of a limited series project.

Echo Lake Entertainment (Hulu’s The Great, The Girl From Plainville) is producing the project from Robin Swicord (When They See Us, The Curious Case of Benjamin Button), Sarah Koskoff (Hello I Must Be Going) and Echo Lake’s Mary Jane Skalski, with consultation from several families involved in the suit.

The limited series will tell the story of how nine Sandy Hook families sued to hold Remington Arms — at the time of the mass shooting owned by venture capital firm Cerberus Capital Management —accountable for manufacturing and marketing the assault rifle used in the shooting. Josh Koskoff took the case, knowing nothing about guns or gun laws, and despite dire warnings from the legal community that the case was doomed. Remington and the families settled the case in February 2022, with the arms maker agreeing to pay $73 million and releasing thousands of internal documents from the years leading up to the December 2012 mass murder.

“This is a series about accountability,” said Swicord. “As a society, we are used to seeing the largest corporations shield themselves from liability. But these Sandy Hook families found a lawyer who had as much fight in him as they had and who was undaunted by the roadblocks they faced. What [Josh] Koskoff and the families found through research, discovery and industry whistleblowers revealed how Wall Street greed drives big business no matter the human cost.”

The lawsuit was bullshit that a very politically partisan judge should have dismissed, but didn’t, because it was an endrun around the PLCAA.

The settlement was forced by Remington’s insurance carriers, and never should have been allowed to happen.

They arr going to docudrama this up into a David vs Goliath whete Goliath is literally the merchant of death, while there was never any evidence that Adam Lanza ever saw the Bushmaster ad at the heart of the lawsuit or that it was that ad that made him kill his own mother, steal her gun, and murder a bunch of children.

Buy in the world of the anti-gun Left, Remington is worse than Lanza.  Lanza was a victim of an evil gun corporation’s desire for money.

Frankly, I have no desire to be one of the villains in a made for TV anti-gun Erin Brockovichesque series.

F*** You Mini Mengele.

Fauci: “[Red states] are going to keep the outbreak smoldering in the country [because they won’t get vaccinated]. It’s so crazy. They’re not doing it because they say they don’t want to. They’re Republicans. They don’t like being told what to do. We need to break that.

And this is why buy the tools they hate us to have.

I guess this is a good reminder to buy another couple of boxes of ammo this week.