Well, here we are passing another milestone for this blog. We have had an interesting year thus far, with all the political nonsense going on, attempted assassinations of DJT a couple of times and the endless calls to save “democracy,” when we actually need to save our Constitutional Republic.
The political Left is intent on destroying the Constitution and the original nation envisioned and realized by the Founders. They can’t do that as long as there are several hundreds of millions of firearms owned by good, patriotic Americans, thus the endless calls for “assault weapon” (i.e. a political term for commonly owned carbines) bans and “red flag laws,” also a ploy to take lawful weapons from folks without due process.
We’ll hang in there, if we get everybody we know to get registered and vote this fall to oust the swamp creatures in congress and to elect those who defend the Constitution. Just do it.
Enough of that – now, we’re entering the third season of this year as the sun heads south of the equator for shorter days and cooler temperatures. Our blog will continue to post on occasion about our personal travels and events as well as posting about holidays and other significant occurrences.
Thanks for reading all these years and see you on the next posting. Happy Autumn, even though Arizona is still enjoying our “second spring.”
By the way, there was a partial eclipse of the moon on the 17th of September. I got this shot when the shadow was nearly at maximum obscuration . . .
Camera: Canon EOS Rebel SL1
Aperture: F22
Exposure: 1/200sec
Focal Length: 250mm
ISO: 800
Lens: Canon EF-S55-250 f/4 IS STM
As of a few weeks ago, our Monsoon Season has brought us a few showers, but not in the usual summertime quantity nor have they been very intense. We’re not complaining about the lack of damaging rainfall at all, but as to not getting a good soak now and then. The image above (I later learned) is of a cell located over Yarnell, AZ, a town 30 miles north of here. They had a good prolonged rainfall just up there around eleven AM local, while we have had didley squat.
Later in the day, some intense, dark clouds drifted over us, but again, no significant precipitation. Damsel took the following photo of a Turkey Buzzard circling overhead beneath the clouds:
After the time of the previous photo, I took the dogs for a walk and distinctly smelled wet creosote, but observed no rain. I presume that the Good Lord will eventually bring gentle, soaking rain our way as He always does.
In other news, we have been monitoring some of the court proceedings regarding our rights to keep and bear arms. There are some good decisions and some bad decisions about various aspects of arms and accessories. We anticipate that one of these days the US Supreme Court will gather their collective cajones and grant certiorari for one or more of the “Assault Weapons” cases where various Communist states (California, Illinois, Maryland, Massachusetts, New York, New Jersey, etc.) are unconstitutionally restricting the right to keep and bear those “commonly in use for lawful purposes” firearms. Maybe I will live long enough to see that become a reality.
For the first time in American history, the federal government will require virtually every person who sells a gun privately to be a licensed gun dealer – and every person who buys one privately to register the sale with the federal government!
(Image: A Double whammy – either the “Punisher” or the Gadsden Snake will subject me to be put on an FBI “domestic terrorist” watchlist.)
As you know, gun registration is the first step towards confiscation and by becoming a licensed gun dealer, gun owners would be forced to submit to warrantless searches by ATF agents looking for even the slightest violations.
To make matters even worse, the ATF can throw the book at any gun owner who runs afoul of the new rule! If you sell a gun and the ATF determines you made a “profit,” you can be jailed for 5 years and fined $250,000!
Time is running out for comments against the proposed rule. The on-line comments form is at REGULATIONS.GOV. Go there and leave your comment in opposition to this bizarre (and unconstitutional) proposed rule. The comment period ends December 07, 2023, so just do it NOW. Copy and paste is OK.
The following are a couple of comments made by others in opposition to the NPRM:
From John Crump at Ammoland:
I strongly oppose the proposed rule that redefines who is “engaged in the business” of selling firearms. The new rule will burden American gun owners by creating a grey area where they can inadvertently break the law.
The new requirement circumvents Congress by creating a de facto universal background check rule. Congress has chosen to leave background check laws for private gun sales to the state governments. This rule will override the authority of the states with overburdensome federal regulations and strip state’s rights.
The regulation will not make us any safer. The vast majority of guns used in crimes are stolen. States that have enacted universal background checks did not see any reduction of crimes committed with firearms. I strongly encourage the government to work on real solutions to solve the epidemic of violent crime and stop using firearms as a scapegoat for failed policies.
From the Arizona Citizens’ Defense League (AZCDL):
1. ATF is wrong to suggest a single firearm sale—or no sale at all—might require a license. ATF’s rule does not specify a certain number of firearms sold but instead suggests that “even a single firearm transaction, or offer to engage in a transaction, when combined with other evidence, may be sufficient to require a license.”
However, the statutes enacted by Congress clearly do not intend to regulate the conduct of an individual who merely sells a single firearm. Instead, 18 U.S.C. 921(a)(11), (21), (22), and (23) contemplate regulating someone who “regular[ly]” and “repetitive[ly]” either (a) manufactures and sells or (b) purchases and resells multiple “firearms.”
2. ATF fails to protect unlicensed conduct exempted by Congress. Congress also expressly exempted “occasional sales, exchanges, or purchases of firearms for the enhancement of a personal collection or for a hobby.”
3. Wrongfully licensing constitutionally protected activity will lead to warrantless searches and additional constitutional violations. Selling a single firearm—which might make you a newly-minted gun dealer—could subject you to warrantless searches of your home and firearm collection. This is a clear violation of both the Second and Fourth Amendments, and runs totally contrary to the Supreme Court’s Caniglia decision in 2021, wherein the court ruled unanimously that warrantless searches for firearms as part of a “welfare check” is unconstitutional.
4. ATF suggests it might deny a license to applicants who the agency ordered to become licensed due to prior sales without a license. Catch-22!
5. ATF’s backdoor Universal Background Check includes Universal Firearms Registration. So-called “Universal Background Checks” are only enforceable with a gun registry. This rule proposes that private citizens be regulated by the federal government as gun dealers, forcing them to run background checks on every firearm transaction in a backdoor attempt to require private citizens to eventually turn over these registration papers (i.e. Forms 4473, Multiple Sales Reports, and Acquisition and Disposition logs). Failure to do so will be considered a federal crime. The Biden Administration described this as “moving the U.S. as close to universal background checks as possible without additional legislation.”
Again, the link to the regulations.gov page is here:
We have been following several of the unconstitutional edicts set forth by the Bureau of Alcohol, Firearms’, Tobacco and Explosives (ATF) for several years now. Of particular interest to us would be the ATF’s conversion (magically) of braced pistols to become short-barreled rifles (registered and taxable under the NFA), even though there are millions of these items in use by law-abiding Americans for lawful purposes.
After declaring that braced pistols are not Short Barreled Rifles (SBRs) in the past, the ATF suddenly (as prompted by the 2nd Amendment hating Biden administration) decided to enact a rule (not a law) to declare these pistols as SBRs in January of this year (2023). Since then, there have been several legal challenges to the rule. Recently, a Texas-based Federal District Court judge issued a nationwide stay preventing the ATF from enforcing its rule on pistols equipped with stabilizing devices.
The case, Britto v. ATF, challenged the “Factoring Criteria for Firearms with Attached ‘Stabilizing Braces’” rule. The ATF created the regulation after an executive order by President Joe Biden directing the Bureau to deal with pistol braces. The ATF would reverse years of classification letters and revoke previous determinations issued to brace manufacturers.
The Britto case challenged the rule, claiming the ATF pistol brace rule violated the Administrative Procedures Act (APA). The plaintiffs felt the final rule wasn’t a logical outgrowth of the proposed rule. The proposed rule had a point system (ATF Form 4999) that helped individuals determine if their firearm would be considered a braced pistol or short-barreled rifle (SBR). Most of the comments during the public comment period addressed concerns with the form.
The bottom line is that the ATF and other law-enforcement agencies are enjoined from enforcing the rule for all braced pistols, nationwide. However, the fight is not over by a long shot since the ATF has unlimited tax plunder to continue fighting this ruling all the way to the Supreme Court. In the meantime though, we may all continue using our braced pistols in whatever manner we please.
It now seems to be a good idea to continue (or start) supporting those pro-2A organizations that are making these rulings possible:
Look for the 501(c)(3) foundation of each of the above entities if you want your donations to be tax deductible. Thank you in advance for your support.
Damsel and I each have a special interest in this litigation process.
For the SEVENTH consecutive year Guns and Ammo magazine has rated Arizona as the #1 state for gun owners. The ratings are published in their November 2019 issue. Click here to view a copy of the ratings.
States were measured by the following criteria:
Right To Carry
Treatment of “Black Rifles” (ARs, AKs, etc.)
Treatment of NFA firearms
Castle Doctrine
Miscellaneous issues like preemption statutes, laws and rules that fall outside of the other rated areas, as well as the availability of places to shoot
Arizona’s seventh year #1 rating is primarily because of what AzCDL has accomplished. Prior to AzCDL’s involvement, Arizona’s CCW system was onerous and discouraged applications. Permits were only good for 4 years and required training, testing and additional fingerprinting to renew. Court cases narrowed the interpretation of open carry to a point where the only way to safely openly carry your firearm and avoid arrest was by having a CCW permit. In self-defense situations, the burden of proof was on YOU to prove your innocence – after you admitted to the “crime.” Firearms preemption was Balkanized. Castle doctrine and “no duty to retreat” laws were weak.
AzCDL was created by a handful of activists in 2005 who didn’t like the status quo. By 2010 we achieved Constitutional Carry. CCW permits are now optional and the process to obtain a permit is more realistic. Arizona permits are recognized in the majority of states. Arizona is also one of the few states that recognize all permits from all states – again thanks to AzCDL.
Because of AzCDL’s efforts, you are now “innocent until proven guilty” when defending yourself. Firearms preemption has been strengthened. We were even successful in getting the Arizona Constitution changed to protect law-abiding citizens from law suits when they defend themselves. Visit our Accomplishments and Why AzCDL web pages to learn more about what AzCDL has accomplished.
We are proud that AzCDL’s efforts, with the support of our members, have again garnered this high rating for Arizona from such a prestigious publication. However, from our perspective, there is a lot more that needs to be done to make Arizona truly a free state when it comes to honoring your constitutionally protected right to keep and bear arms. With your continued support we can achieve that goal.
End of AzCDL email.
For reference, here are the top five states followed by the bottom five:
I received the following from AZCDL in a email this evening. I had read about this item elsewhere but now it’s in my inbox. Our local High School (The Wickenburg Wranglers) has possibly the ONLY public school shooting sports team of its kind in the entire US of A. Plus a couple of the team members are invited to shoot in a national event coming up.
I’m not printing the entire AZCDL blurb here, but the full story and support information can be found in the linked article at the Wickenburg Sun.
Supporting the Wickenburg High School Rifle Team
Two members of the Wickenburg (Arizona) High School (WHS) Rifle Team, which may be the only recognized public high school high-power rifle team in the USA, have been invited to join the United States F Class National Under 25 Team. WHS teams have earned four national records in F Class.
Since the team is a public-school activity, donations are fully tax-deductible to anyone in the USA. However, Arizona residents get a deal that’s hard to refuse: you can write off the full amount of your donation against your state income tax liability… not just as a deduction, but as a tax credit.
To clarify, if you usually owe the state of Arizona $200 for state income tax each year, you can make a donation of $200 to the Wickenburg High School Rifle Team and owe the state nothing next April ($400 for couples). If those taxes have already been withheld from your paycheck, you will actually get a refund from the state!
It’s also a terrific way to send a message to both the school system and to the state tax authorities about where their priorities should be. Some years back, the Wickenburg school board took official notice in their minutes that the Rifle Team was neck and neck with the football team for the most popular recipient of tax credit funding. It was that sort of community acceptance that caused them to upgrade the school rifle “club” to a recognized “sport.”