Month: October 2023

Or they could do it the easy way.

Fropm Rob Morse’s What we Should Learn from the Attack on Israel | SlowFacts:

I know that about 100-thousand Israelis (archived source outside the paywall) applied for a permit to own a firearm in the last few weeks. For perspective, that would be the same proportion as 3.7 million US citizens applying for their carry permit in two weeks. Again for perspective, that 3.7-million is between the population of Connecticut and Oklahoma. Only 1.5-percent of Israelis were allowed to own firearms while US firearms ownership is about 25-percent. In contrast, 4-out-of-10 of US citizens live in a home with someone who owns a firearm.

 

The easy way? What we call Constitutional Carry. You are in a state of constant warfare and the last thing you need is going from a slow process to a full stoppage because bureaucracy is still up and running and the machine is more important that the individuals.

Shitty laws and special privileges lead to corruption

This blog has covered the insane level of corruption in the NYPD pistol permit division. Described by one former officer as a bribery machine.

Simply, to get a pistol permit in NYC, it was may issue with lots of requirements.  The police knew that the wealthy and well connected wanted gun permits and the wealthy and well connected could pay handsomely for the privilege of a permit.  The whole system was corrupt as fuck.

The NYPD pistol permit scheme isn’t the only one like that.

The Hughes Amendment of the Firearms Owners Protection Act of 1986 prevented the private purchase and registration of new machine guns.

The only way to obtain a post 1986 machine gun was to be a dealer or manufacturer of destructive devices with a special occupancy tax.

To be an FFL SOT isn’t cheap and it requires jumping through a lot of hoops.  It’s also not may issue.

You can see where this is going.

Some people engaged in bribery with law enforcement to obtain FFL SOT as an end run around the Hughes Amendment.

They had a “business” as a dealer but didn’t actually do any dealing.

The dealer samples they acquired were treated like a personal collection and were used to make YouTube videos and Instagram posts.

The thing is, the ATF doesn’t take kindly to this.

North Carolina and North Dakota Police Chiefs and Federal Firearms Licensees Indicted for Conspiracy to Illegally Acquire Machineguns and Other Firearms

A federal grand jury has returned an indictment charging five defendants with a conspiracy to illegally acquire machineguns and other regulated firearms. Charged in the indictment, which was unsealed yesterday are: Sean Reidpath Sullivan, age 38, of Gambrills, Maryland; Larry Allen Vickers, age 60, of Charlotte, North Carolina; James Christopher Tafoya, age 45, of Albuquerque, New Mexico; Matthew Jeremy Hall, age 53, of Four Oaks, North Carolina; and James Sawyer, age 50, of Ray, North Dakota.

According to the 26-count indictment, Hall and Sawyer were Chiefs of Police in Coats, North Carolina and Ray, North Dakota, respectively. Sullivan was the owner and operator of Trident, LLC, located in Gambrills, Maryland, and was also an Intelligence Analyst with the Department of Homeland Security Investigations. Sullivan and Trident were Federal Firearms Licensees (“FFLs”) and Special Occupational Taxpayers (“SOTs”), which allowed them, in certain circumstances, to possess, import, manufacture, and deal in fully automatic firearms (machineguns) and other regulated firearms. Tafoya and Vickers owned and operated firearms related businesses in New Mexico and North Carolina and were also FFLs and SOTs.

The indictment alleges that, beginning in at least June 2018 through at least March 2021, the defendants conspired to acquire machineguns and/or other restricted firearms, such as short-barreled rifles, by falsely representing that the firearms would be used for demonstration to law enforcement agencies, including the Coats Police Department and the Ray Police Department. The indictment further alleges that Hall, Sawyer, and other conspirators signed law letters with no expectation that the weapons would ever be demonstrated to their respective law enforcement agencies.

The defendants allegedly intended to impermissibly import into the United States and resell the machineguns and other firearms for profit or to keep for their own use and enjoyment. Sullivan allegedly submitted the false law letters to the ATF seeking to import the machineguns and other restricted weapons. Once the firearms were received, Sullivan allegedly kept some of the machineguns and other restricted weapons and transferred some of the weapons to Vickers, Tafoya, and other conspirators.

In addition to the indictment, Larry Vickers pleaded guilty yesterday to participating in the conspiracy to import and obtain machineguns and other restricted firearms and admitted that he received some of the imported machineguns and other weapons. As detailed in his plea agreement, Vickers kept some of the machineguns and other restricted weapons in his personal collection and transferred other machineguns and restricted weapons to other FFLs and third parties. Vickers also pleaded guilty to a conspiracy to violate U.S. sanctions against a foreign firearms manufacturer between July 2014 and March 2021, in the Southern District of Florida.

Yes, that Larry Vickers.

And I can tell you with absolute assuredness, he’s not alone.

A lot of popular YouTubers who make lots of money shooting machine guns and other destructive devices have done the same.

Making a monetized YouTube video isn’t what an FFL SOT is for.

I’m going to be honest, fuck them.

Two things can be true at the same time.

Thing one:

The Hughes Amendment is a giant load of bullshit.  The NFA is an unconstitutional load of bullshit.  Law abiding American citizens should have the right to buy machine guns without jumping through federal hoops.  I want to make gun laws great again, like in 1934, when a man could walk into a gun store and buy a Colt Monitor and walk out with it.

Thing two:

Until the Supreme Court kills the NFA, the law is the law, and gun-tubers (ever or especially retired Special Forces guys) need to obey it.  They don’t have more rights and privileges than the rest of us, and using their YouTube money to bribe their way into getting illegal FFL SOTs to pad their personal collections is breaking the law.  And personally, the way some of them have flaunted the law while the rest of us work so diligently to obey it, I’m looking forward to some schadenfreude if they get fucked for what they’ve done.

If you want a machine gun, and I want a machine gun, use your influence to try and change the law.  Don’t bribe your way into getting illegal machine guns.

Shitty laws that rich people will bribe their way into violating only creates a two tier system of corruption where those who can afford bribes break the law for privileges, and those who can’t afford the bribes have no rights.

The Nazis return to Skokie, Il.

Holy shit! Talk about forgetting the past.

Not to worry, the ACLU will again side on the side of the assholes.

Skokie: The legacy of the would-be Nazi march in a town of Holocaust survivors

 

I am predicting a bit of bloodshed

Either the Brit government gives more leeway to cops, or I believe we are going to see some Hamas-inspired-supported mass shooting of London LEOs. Imagine being surrounded by that kind of crowd and 4 or 5 Palestinian Mennonites pull out some handguns. I believe they cops only carry anti-stabbing vests and not the usual ballistic protection their Cousins across the pond wear.

Everytown Tries to Cheat (again)


B.L.U.F.

(??? words)


Pursuant to F.R.A.P. 28(j), amicus curiae Everytown for Gun Safety writes to notify this Court of supplemental authority supporting the constitutionality of the restrictions on firearms in parks in New York’s Concealed Carry Improvement Act (“CCIA”).1 In its amicus brief, Everytown pointed to 66 individual historical restrictions on firearms in parks and a compilation of federal restrictions. See Dkt. 193 (No. 22-2908) at 26 n.21 (linking to website).2 Everytown has since identified 53 additional examples and sources. We attach the full list as Exhibit A, with newly identified restrictions and sources highlighted.
ECF 304 - Antonyuk v. Hochul, No. 22-2972 (2d Cir.)

Looking at FRAP 28(j) we find that there is a 350-word limit on FRAP 28(j) letters. The letter is under 350 words, but the attached appendix is many pages long.

“Lazarus, if you wish, I will have that switch remounted at once. But—’Ten Words’?”
“Uh—” Lazarus looked ungracious. “Okay. ‘Ten Words.’ Not eleven.”
Weatheral hesitated a split second, then counted on his fingers: “I learned your language to explain why we
need you.”
“Ten by the Rule,” Lazarus admitted. “But meaning that you need fifty. Or five hundred. Or five thousand.”
Robert A. Heinlein, Time enough for love: the lives of Lazarus Long; a novel (Putnam 1973)

A FRAP 28(j) letter is supposed to be a citation to some new authoritative source. Authoritative from the courts’ perspective. I am not allowed to publish a 60-page article on my website and then submit a FRAP 28(j) letter with a citation and link back to my own article. There are rules for what “authoritative sources” are.

This letter fails at word limit, authoritative source, and actual citations.

The purported letter should not be accepted for these the above reasons.

I still expect the Second Circuit to rule to accept the FRAP 28(j) letter.

What is Everytown Bringing to the attention of the court

The included Appendix, titled “Exhibit A” is in the form of a table where each row consists of an ordinal/sequence number, location, year, “citation”, Key Language, and link. All the links are tinyurls, you can’t tell where they are going to take you until you follow them.

Bruen made it clear that when Heller says history and tradition, they are speaking of regulations, actual laws.

Under that definition, a rule promulgated by the ATF might not be considered a “regulation.” The ATF exists from Congress’s delegation of power to create rules under the regulations that Congress passed and the President signs. Just because the ATF makes a rule, that does not make it a regulation under Heller

The infringers have brought up school rules as a history of regulation. Rules that a school makes do not have the force of law.

In the same way, the rules and policies of an HOA do not have the force of law. They are enforced by contract.

The first reference Everytown makes is to “Minutes of Proceedings of the Board of Commissioners of the Central Park” (1858 at 166).

On motion of Mr. Dillon, the ordinances recommended by the Superintendent were adopted, as follows:
“Be it ordained by the Commissioners of the Central Park:
All persons are forbidden
To enter or leave the Park except by the gateways.
To climb or walk upon the wall.
To turn cattle, horses, goats or swine into the Park.
To carry fire-arms or to throw stones or other missiles within it.
To cut, break, or in any way injure or deface the trees, shrubs, plants, turf, or any of the buildings, fences, bridges, or other constructions upon the Park;
Or to converse with, or in any way hinder those engaged in its construction.
New York (N Y. ) Board of Commissioners of the Central Park, Minutes of Proceedings of the Board of Commissioners of the Central Park for the Year Ending April 30 ... 166 (Wm. C. Bryant & Company, printers 1858)

You really have to give them credit, they must have had people OCRing documents dating back as far as they could go to do keyword searches on them. From a technical aspect, it is an impressive job.

One of the things that Heller instructs the inferior courts in, was to look at the how and why of a regulation. This commission is forbidding 6 actions within Central Park. They have removed it as a “commons”. A common is a place for the common use of the people of the village. It was often grazed by different people.

They are forcing people to enter and leave via controlled access points. No going over the wall.

They tell people not to vandalize the vegetation nor the buildings within the Park, to include picking flowers.

They also don’t want people to delay the work being done.

Some of these things would have to be handled via laws. The following paragraphs suggest that there is the power of city law behind these ordinances.

The question that comes to mind is whether there was a fire-arms restriction in other parts of the city or other city parks?

The earliest reference they give is the one quoted above from 1858. The latest was from 1940. EVEN if the court were to accept the letter, they should discard all of the references because none of them reference regulations from the time of the founding.

We owe due diligence.

Roughly 61,000 biometric gun safes sold nationwide are being recalled after the shooting death of a 12-year-old boy, Fortress Safe and the U.S. Consumer Product Commission announced on Thursday.

The recalled safe poses a serious safety hazard and risk of death due to a programming feature that can allow unauthorized users, including children, access to the safe and its potential deadly contents, including firearms, according to the Naperville, Illinois-based company and regulatory agency.

CPSC noted a recent lawsuit alleging a 12-year-old boy had died from a firearm obtained from one of the safes. Additionally, the agency cited 39 incidents of safe owners reporting the product had been accessed by unpaired fingerprints.

Fortress recalls 61,000 biometric gun safes after 12-year-old dies – CBS News

Sometimes we are too trusty of technology. And I am not going to say I always check that nobody else can access biometric-secured items, but it will be another item to be dutifully check-listed from now on. I know my phone’s biometric only work with the fingers I selected because every time I don’t use the right one or don’t proper the chose one properly, I get the polite Eff You message.

Let’s double check, shall we?

Hat Tip Royk