Cap'n Bob & the Damsel

Second Amendment

Braced Pistol Injunction

Image: Foxtrot Mike FM9B 9mm Braced Pistol

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.

From Ammoland:

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:

Firearms Policy Coalition

Second Amendment Foundation

Gun Owners of America

National Association for Gun Rights

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.

14 Nov 2023 by Firearms Gun Grabbers Second Amendment

Happy Independence Day!

Best wishes for a Happy 4th of July Holiday! We’re going to be celebrating by going off our diets a bit and splurge with some goodies on the grill, despite the forecast high temperature of about 108°F. That’s cooled down from the weekend’s highs of 112°F.

Clickable Image: US and AZ Flags flying above our little abode.

We’re keeping a positive attitude for our Country’s Freedom and Prosperity given some recent positive-for-freedom decisions by the Supreme Court of the U. S. There are also some promising decisions in Inferior Federal Courts that deal with the restoration of our Second Amendment Rights. Really, these are God given rights as enshrined in the Constitution of the U. S. We might point out that recent news coverage of Bruen and other Second Amendment Cases declare that these rulings are “expanding” our rights, when, in fact, these decisions are merely restoring those original rights according to the original text of the founding documents and historical tradition.

We continue to pray for our Nation on this 247th Anniversary of it’s founding. May God’s blessings fall on our Country and all the inhabitants therein. So, we hope everyone has a safe and sane Independence Day Holiday. Keep cool and God Bless.

04 Jul 2023 by Holidays Notions Patriotism Second Amendment

Patriot’s Day — April 19th

248 years ago on this day, the American Revolution began. Damsel and I hoisted our flags today in honor of the commemoration of the beginning of the greatest country in the world — a Republic, if we can keep it.

The “secret orders” intention of the British was to arrest American Patriots and Confiscate Weapons and Ammunition — does that sound familiar?

From the Patriot Post – Mark Alexander’s Column:

On the evening of April 18, 1775, General Thomas Gage, acting as the Crown’s military governor of Massachusetts, dispatched a force of 700 British Army regulars with secret orders. These troops, under the command of Lieutenant Colonel Francis Smith, were to arrest 53-year-old Boston Tea Party leader Samuel Adams, Massachusetts Provincial Congress President John Hancock, and merchant fleet owner Jeremiah Lee.

But what directly tied Gage’s orders to the later enumeration in our Constitution’s Second Amendment assurance of the innate “right to keep and bear arms” was the primary mission of his Redcoat brigades. They were charged with undertaking a preemptive raid to confiscate arms and ammunition stored by Massachusetts Patriots in the town of Concord.

Patriot militia and minutemen, under the leadership of the “radical” Sons of Liberty, anticipated this raid, and the confrontations with British regulars at Lexington and Concord proved to be the fuse that ignited the American Revolution.

…

In the early dawn of April 19th, their oaths would be tested with blood. Under the command of 46-year-old farmer and militia Captain John Parker, 77 militiamen assembled on the town green at Lexington, where they soon faced Smith’s overwhelming force of seasoned British regulars. Parker did not expect shots to be exchanged, but his orders were: “Stand your ground. Don’t fire unless fired upon, but if they mean to have a war, let it begin here.”

And then, there was the shot heard around the world.

We, as the modern militia must not forget the lessons of the American Revolution: the intention of tyrants is to disarm us and then have their tyrannical ways with the masses. Evil entities wanting to disarm Americans is, unfortunately, still with us. All the unconstitutional anti-gun laws (which includes any gun laws) be damned.

“Stand your ground. Don’t fire unless fired upon, but if they mean to have a war, let it begin here.”

19 Apr 2023 by Arizona Gun Grabbers Patriotism Second Amendment

Ringing in the New Year …

… and ringing out the old. So long 2022 – It’s been — weird.

But not all was bad in 2022 — we’re in good health and have been this year save for a major scare when Damsel got a mass report on this year’s mammogram — fortunately, the results of a biopsy (not fun) was benign calcification. My checkups with the urologist, the ophthalmologist, the nephrologist and dermatologist were business as usual with no complications.

Over the last few weeks, we did a first cut at the 2022 taxes and no surprises. It looks like we’ll be getting a small refund. We also calculated the 2023 Required Minimum distribution for the IRA — the new RMD will be down due to dramatic market loss in the IRA in 2022. That, and the Social Security cost of living adjustment is far less than might be necessary to offset Biden’s disastrous economy. It will be tight, but we’re going to be OK.

Over the last two years, we have seen relentless attacks on our God-given rights as guaranteed by the 2nd Amendment. New gun control has been enacted thanks to the Marxist Democrats and a few spineless RINOs. The NYSRPA v Bruen decision by the Supreme Court of the US is a help but states and courts are still ignoring it – be ready to fight in ’23.

So that’s it for our New Year’s message. We’re wishing you good health and providence from The Almighty in the coming year. God Bless!

31 Dec 2022 by Beltway Kabuki Holidays Money and Business Notions Second Amendment

Arizona – We’re Still Number One

I received this via email from AZCDL. Despite the tainted results of Arizona’s election in November, we still came out on top for 2020. I and many others are now engaging with our politicians to keep Arizona safe from those who would infringe on our God-given rights to self defense. In the coming year, we will do our best to keep our state at the top of the list.

azcdl

In the February 2021 issue of Guns and Ammo, Arizona is rated the best state for gun owners. This is the EIGHTH consecutive year Guns and Ammo magazine has rated Arizona as the #1 state for gun owners.

Arizona’s #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.

Here’s the link to join or renew with the Arizona Citizens Defense League:

joinrenew.jpg

09 Feb 2021 by Arizona Second Amendment

Categories

Archives