Courtesy of The Firearm Blog and Free North Carolina:
A while back we blogged about an individual who took the Prince Law Office’s determination that, as a result of the ATF clarifying that “unincorporated trusts” are not “persons” under the Gun Control Act, it may have opened a way for trusts to manufacture new Post-86 machine guns. As I have written about before, machine guns are and have always been legal in the US, but those made and registered after 1986 are not legal for civilians to own, so we may only keep trading the ones already on the market.
Well a member of ar15.com submitted a form 1 for a machine gun (application for registration of an NFA firearm one produces) and it was approved… but don’t rejoice yet.
On September 10th, 2014 the stamp came back approved, bearing that green and all too familiar $200 stamp that would allow for a new machine gun to be made, but the man was immediately contacted by the ATF and was told that he must return the stamp and that it was/is not valid. The applicant says he is taking the issue to court, which could be very interesting for the NFA community. The man says the following in the massive thread:
“Stand by, because we will surely need contributions to a legal fund if it goes to court. All things considered, this looks like a realistic opportunity at taking back out rights to Machine Guns. If this fight starts moving forward, it’s going to take a monumental amount of commitment to see it through. Hold fast, everyone. We’re going to need all hands on deck for this one.”
While I wish the man the best and hope that somehow this opens the door for new MGs here in the USA, I do not see that happening. Of course the powers that be don’t want you to have cheap and readily available legal machine guns, so we will not get cheap and readily available legal machine guns but here are a few reasons why I am pessimistic:
- The ATF tried to say that “unincorporated trusts” were not persons under the 1968 GCA in order to implement a set of rules that would have required all trustees to fill out form 4s, undergo NICS checks, and get CLEO signatures. If you remember, the public outcry during the comment period stopped this (or at least pushed it back). This came back to bite them in the ass, big time, because of, well, this whole bit of shenanigans.
- The ATF flip flops all of the time. In just my memory as a young man, I have seen them approve devices like the Akins Accelerator (a spring assisted bump fire device) and then force them all the be recalled/have the springs removed, remember when they banned all shoestrings in the USA and then had to clarify that it was only when said strings were attached to firearms, and I remember when they said SBR engraving was not necessary and then decided that it was. This organization seems to have little oversight on the highest levels and, like many other government agencies, can make or rescind decisions on the fly.
- There are 186,619 transferable machine guns in the USA, and this number is as fixed as fixed gets. The 1986 FOPA banned the new production of fully automatic firearms for civilians, and that’s that. What is perceived as a loophole by addressing a technicality, will not undo this act of congress.
Do I hope that one day we can all run down to our local gun stores and buy new machine guns? Absolutely! Do I think it will happen? Not at all. In fact, I get asked this all the time by just about every gun savy person who knows I am into machine guns. “Wadaya gunna do when they unban these? Your collection will be worth nuttin’!” Well sure I and many other people will take a hit, but I see the greater good in 3 gun matches with bursts of mighty automatic fire, sub-gun matches becoming mainstream, and the Texas Bellagio being visible from space.
In other words, YRMV – Your Results May Vary…
According to KDAF-TV, the Argyle Independent School District voted in January to allow some teachers – or “marshals” – to carry firearms on school grounds under the state’s Protection of Texas Children Act. Argyle Superintendent Dr. Telena Wright said those who wish to carry are required to hold a handgun license and undergo a psychological evaluation and firearms/emergency response training.
Hopefully, signage of this type will be more successful than the ‘no guns allowed’ sign in stopping crime!
h/t Boyd & Donna
The regal TAMARA (Yes, THAT Tamara) one of my blogmothers, has opted for making her weblog View From The Porch viewable with comments disabled, and is on INDEFINITE HIATUS! (Her words)
Someone repeatedly posted derisive commentary against which she felt the need to defend, and appeared (for lack of a better term) to be Internet stalking her.
Now, aside from her being a fine, intelligent person well-schooled in guncraft and history, she is also known world-wide as the Queen (or Mistress, if you will) of SNARK!
And the idea that she feels the need to insulate herself from the flotsam and jetsam of the Internet (and certain specific a$$h00l3s) only punctuates that the World in which we live can be impudent, unthinking and even rude. And perhaps even criminal and tortuous.
How sad that someone as beloved as she, who is welcomed electronically into thousands (probably millions) of homes daily feels the need to shut the electronic door.
Because someone else is apparently an electronic jackass, or worse.
This is a signpost of the world in which we live. No longer can people vehemently disagree in debate, then go out for a beer together afterward. Now, it becomes personal.
And all of us suffer.
Forgive them, Tam, they know not what they do. or, they do, and they don’t give a sh**!
Let’s not get so wrapped up in electronic media that we buckle to the idiots.
I STAND WITH TAM FOR HER TO DO WHATEVER IS NECESSARY TO PROTECT HER CHARACTER AND SANITY. Let’s hope this bastard just goes away!
And she makes the choice to return.
First, let me state I support both organizations. You may see links to them (along with other fine organizations) on this blog.
Frankly, I’ve not had the time (okay, the inclination) to study this issue in depth. Mea culpa.
Thankfully, Erin Palette of Lurking Rhythmically has done quite a fine, succinct analysis. You may see it here.
The issue appears to be The Second Amendment Foundation is considering acquiring the financially-troubled Jews For The Preservation Of Firearms Ownership.
Like Ms. Palette, I’ve no opinion on this issue. Go to the link to see her analysis.
The kerfluffle appears to be some folks don’t like the SAF, and think they would somehow water-down or edit the JFPO’s message…
h/t Lurking Rhythmically
I’ve posted before in this venue about what a cesspool Detroit is and how 60 years of socialist politics have brought a once proud hub of American Industry to it’s knees, and even the police have advised the citizenry they must fend for themselves.
Apparently, they have listened and responded!!
(Below, a short snippet from the article)
Space prohibits a thorough account of Detroiters fighting criminals with lawfully obtained firearms, doing so would run longer than our infamous Hillary piece (our longest column ever, as several critics were kind enough to note). But a search of the Detroit papers for 2014 reveals instance after instance. Just one week’s reportage from February should suffice to demonstrate:
■At 2 a.m. Feb. 22, two men broke into a house on the city’s southwest side; the homeowner shot both men. A 21-year-old man died and the other man escaped.
■Earlier on Feb. 22, at 12:30 a.m., a woman who was surprised by a gunman when she pulled her car into the garage was able to reach for her own gun and fatally shot the man.
■A woman on Feb. 17 opened fire on three teens who kicked in her door. The alleged intruders, ages 14, 14 and 15, were caught by police and charged with home invasion.”
Now if only New Orleans, Oakland, New York and Washington, D.C. would pick up the same mantle!
h/t Kevin Baker
(via Legal Insurrection)
Federal Court Rules California 10-day Waiting Period Unconstitutional (for Some)
As reported by Calguns, California’s 10-day waiting period for gun purchases has been ruled unconstitutional (for at least some residents), in Silvester v. Kamala, in the US District Court for the Eastern District of California (full decision embedded below):
California’s 10-day waiting period for gun purchases was ruled unconstitutional by a federal judge this morning in a significant victory for Second Amendment civil rights. The laws were challenged by California gun owners Jeffrey Silvester and Brandon Combs, as well as two gun rights groups, The Calguns Foundation and Second Amendment Foundation.
In the decision released this morning, Federal Eastern District of California Senior Judge Anthony W. Ishii, appointed to the bench by President Bill Clinton, found that “the 10-day waiting periods of Penal Code [sections 26815(a) and 27540(a)] violate the Second Amendment” as applied to members of certain classifications, like Silvester and Combs, and “burdens the Second Amendment rights of the Plaintiffs.”
Under the court order, the California Department of Justice (DOJ) must change its systems to accommodate the unobstructed release of guns to gun buyers who pass a background check and possess a California license to carry a handgun, or who hold a “Certificate of Eligibility” issued by the DOJ and already possess at least one firearm known to the state.
BUT WAIT, THERE’S MORE!
Louisiana Court Rules Ban on Gun Possession Near Alcohol Unconstitutional
As reported at the Volokh Conspiracy, a Baton Rouge ordinance (§ 13:95.3) that banned the possession of guns on property where alcohol is served or sold–inclusive of the parking lots of such establishments, the scope of which includes grocery stores and Walmart–has been found unconstitutional in Taylor v. City of Baton Rouge by the US District Court for the Middle District of Louisiana (decision embedded below). Interestingly, this decision was made in response to a motion for default judgment, indicating that the city of Baton Rouge had simply failed to adequately respond:
[T]he Court finds that Taylor’s allegations, which the Court accepts as true based on Defendants’ default, are sufficient to establish a viable claim for relief under the Second Amendment. Consequently, the Court concludes that Plaintiff has established a sufficient basis for judgment in his favor.
Our Rights are being gradually re-acknowleged, one court decision at a time! – Guffaw
Remember the (infamous) FBI shootout, wherein a number of agents died and the end result was the agency adopting the 10 mm? Which became the .40 S&W (because some agents couldn’t handle 10 mm). Then some specialized units of the FBI adopted the 1911, in .45 ACP?
Well, it’s time for gun/ammo roulette once again, folks!
THE FBI IS ADOPTING A 9MM SIDEARM
Because 9mm has been shown to be so effective in the street.
I see this as a combination of federal agencies employing physically smaller persons (some minorities, women) and those folks being unable to handle (or perhaps not being properly trained to handle) firearms in a major caliber.
Or, perhaps it’s just because they bought a boatload of 9mm…
h/t Maddened Fowl
Another fine shooting teacher and gentleman gone.
Beginning in South Africa, and emigrating to the United States, he was a range officer @ Jeff Cooper’s Gunsite, before striking out on his own with Yavapai Firearms Academy.
No word yet as to what happened.
h/t Tamara Keel, Facebook
My dear friend Brigid and her ‘partner-in-grime’ (as she puts it) EJ have taken over ePostal Match duties temporarily from Mr. Completely (as he is involved with medical issues – heal quickly, bro!)
In an effort to kick it up a notch, they have designed this month’s target to have a STEAMPUNK theme!
Please visit the link above for the particulars. I know some of you are just crazy enough to dress in full regalia to shoot your black powder or pinfire smokewagons. :-)
If I had such finery, I would!
I’d love to hear about some montebank or ne’er-do-well in a morning coat and topper pull his Velo-Dog pistol from his (or her) waistcoat and commencing to engage the target.
Or, Hell, use your Deagle – whatever works! :-P