Posts Tagged ‘ATF’

Texas #1!

Tuesday, September 17th, 2024

No, not The University of Texas Longhorns football team being ranked number 1 (though that evidently happened this week as well), but Texas is the number one state for gun manufacturing.

Gun manufacturing in the U.S. has been increasing steadily in recent years, with a significant spike during the pandemic.

According to the Violence Policy Center, there are almost five times as many gun manufacturers as there are colleges in the country.

And these days they’re far less harmful to the Republic than those colleges…

The data comes from the Violence Policy Center and reflects 2022 data.

While most production is concentrated in the hands of a few key players, a majority of gun manufacturers actually don’t operate out of big commercial facilities, but instead, out of homes or offices.
Rank State Number of gun manufacturers Increase (2017-2022)
1 Texas 2,321 78%
2 Florida 1,214 59%
3 Arizona 1,026 55%

I’m snipping the rest of the chart, but I thought it striking that not only was Texas #1, it had more firearms manufacturers than #2 Florida and #3 Arizona combined. I am surprised that California still managed to rank eighth with 580 manufacturers, giving its Democrat-controlled government’s unremitting hostility to both firearms and the Second Amendment, but it’s 6% increase was the lowest of any state. Yes, every state saw an increase in gun manufacturers.

Texas, Florida, and Arizona, the three states with the most gun manufacturers in 2022, all have business-friendly policies including low or no income taxes and fewer regulations, as well as strong gun cultures.

Large firearms companies have also increasingly chosen to move their headquarters and production to red states, especially in the South.

Other Southern red states are capitalizing on this trend. In Oklahoma, just north of Texas, Governor Kevin Stitt has promoted the state’s “pro-Second Amendment” stance to attract more firearms manufacturers.

Out of the top five states with the most manufacturers, four (Texas, Florida, Arizona, and Ohio) have constitutional carry laws. These laws allow individuals to carry a firearm without a permit.

I’m sure a lot of these are small operations, but 78% growth over five years is nothing to sneeze at. The combination of low taxes, low regulation, pro-Second Amendment and lots of available land to build is a power combination.

Gun News Roundup for May 21, 2024

Tuesday, May 21st, 2024

A few tidbits of gun news, so let’s do a roundup.

  • “Texas, Gun Owners of America Secure Court Order Against ATF.”

    After the U.S. Department of Justice (DOJ) proposed a new rule expanding federal firearm license (FFL) requirements, the Office of the Texas Attorney General and Gun Owners of America filed a joint lawsuit challenging the rule, and on Sunday secured a federal court order blocking the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) from enforcing the rule against certain plaintiffs.

    The DOJ claimed the rule was to help implement the Bipartisan Safer Communities Act (BSCA) authored by Sen. John Cornyn (R-Texas), but critics, including Cornyn, say the Biden administration violated the law and the Constitution in proposing the rule.

    The rule has prompted Cornyn to file a resolution of disapproval in the U.S. Senate seeking to strike it down legislatively.

    Under the rule, gun owners would be forced to obtain an FFL and perform background checks before selling firearms in a wide range of new circumstances, including if they rented a table at a local gun show.

    However, the court order by Judge Matthew Kacsmaryk compares the language of the BSCA against the new rule, highlighting how FFL requirements evolved from the original statute contained in the Firearm Owners Protection Act (FOPA) of 1986 to the current statutory language in the BSCA, and finally compared that to the new rule.

    The FOPA required those “engaged in the business” of dealing firearms to have an FFL. It defined such persons as one “who devotes time, attention, and labor to dealing in firearms as a regular course of trade or business with the principal objective of livelihood and profit through the repetitive purchase and resale of firearms.”

    The BSCA changed the “engaged in the business” definition, broadening it by eliminating the requirement that a person’s “principal objective” of purchasing and reselling firearms must include both “livelihood and profit,” by shortening the requirement to just someone who predominantly earns a profit, Kacsmaryk explained.

    He also noted the BSCA did not alter an existing exemption for a person who “makes occasional sales, exchanges, or purchases of firearms for the enhancement of a personal collection or for a hobby, or who sells all or part of his personal collection of firearms.”

    Kacsmaryk wrote the new rule likely violated statutory laws in several ways, beginning with the requirement that a person who sells a single firearm or discusses selling a firearm could be subjected to licensure requirements under the rule conflicts.

    Another provision he said likely runs afoul of the BSCA is the prohibition of firearms obtained for personal protection from being counted among the guns a firearm owner may sell from their personal collection.

    “Nothing in the foregoing text suggests that the term “personal collection” does not include firearms accumulated primarily for personal protection — yet that is exactly what the Final Rule asserts,” Kacsmaryk wrote, adding the DOJ’s defense of that provision is “untenable.”

    “I am relieved that we were able to secure a restraining order that will prevent this illegal rule from taking effect,” Paxton said in a statement on the order. “The Biden Administration cannot unilaterally overturn Americans’ constitutional rights and nullify the Second Amendment.”

  • And speaking of Cornyn gun legislation, he filed a bill to undo the Biden Administration’s attempts to ensnare ordinary Americans in ATF regulations:

    en. John Cornyn (R-Texas) took up two pieces of Second Amendment-related legislation last week, filing a resolution of disapproval aiming to shoot down a proposed rule by the Biden administration to require federal firearms licenses (FFL) for most private gun sales, and a separate bill seeking to relax taxes imposed on firearms regulated under the National Firearms Act (NFA).

    The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) proposed a rule that greatly expands the circumstances in which someone is required to hold an FFL in order to sell a firearm, and when someone must conduct a background check on a potential buyer.

    In proposing the rule, the Department of Justice (DOJ) said its purpose was to finalize the implementation of the Bipartisan Safer Communities Act (BSCA), legislation authored by Cornyn that passed in 2022. However, Cornyn says the rule violates congressional intent.

    The rule would greatly expand upon the circumstances in which someone is required to obtain an FFL, including if they rent a table at a gun show, make firearm purchases in an amount that exceeds their reportable income for a specific period of time, create records that track profits and losses from firearm sales, or any combination of a litany of details that could result in requiring a license.

    According to Cornyn, the BSCA was motivated after the mass shooting at Robb Elementary School in Uvalde that killed 19 children and two teachers. He also provided the mass shooting in Odessa as an example of what the bill was intended to prevent.

    Addressing media questions regarding the resolution, Cornyn pointed out that the Odessa gunman was known to suffer from mental illness. He obtained the rifle used in the city-wide shooting spree from a Lubbock man who was purchasing bulk rifle parts from the internet, which he would assemble into functional rifles and sell as part of a regular business.

    The man who sold the AR-15-style rifle to the Odessa gunman, Marcus Braziel, was convicted of acting as an unlicensed firearm dealer and failing to conduct a background check that would have prevented the sale of the rifle.

    “Those making a living or profit for a business motive was the focus of the law, not those casually buying or selling their personal guns,” Cornyn told reporters.

    “This rule is proof that the Biden administration is a dishonest broker, and Congress must hold it accountable for its actions in favor of its gun-grabbing liberal base over the Constitutional rights of law-abiding Americans,” Cornyn added in a statement on the resolution.

    The resolution currently has 45 co-sponsors in the Senate.

  • The NRA has some new officers, and there are a few surprises.

    Bob Barr representing the Old Guard did win the Presidency. The vote was 37-30. Then the surprises began. Bill Bachenberg from the reform slate went head to head with Blaine Wade for 1st VP and won 36-31. Following that, reformer Mark Vaughan, president of the Oklahoma Rifle Association, beat Tom King 35-31. King really represented the Old Guard and his defeat was a sea change in attitude on the Board.

    Second, and what I consider the biggest surprise, Doug Hamlin, Executive Director of Publications and the reformer’s choice for EVP, beat Ronnie Barrett for EVP/CEO. There is some talk that Hamlin is intended as an interim choice while a nationwide search is conducted.

    The excessive power that Wayne LaPierre gathered to the Executive Vice President position is part of the problem with the office, and is what let LaPierre turn the NRA into his own personal fiefdom. A lot of that should be stripped away and returned to the board.

  • More NRA news: The move to Texas resolution failed. Short term, there’s no question that move to Texas was planned as a Hail Mary to extract LaPierre from the legal troubles his corruption had ensnared the NRA in, and in that it failed. Long term, it probably is in the best interest of the NRA to move to Texas, as the state is a lot more friendly to gun rights, both politically and culturally, than either New York or Virginia.
  • And speaking of NRA news, I would be remiss if I didn’t point out that Dwight covered his trip to the convention, so if you’re interested in that, head over there and just keep scrolling.
  • Texas Sues Biden Over New ATF Rule

    Thursday, May 2nd, 2024

    Another day, another Texas lawsuit against Biden Administration “legislation by regulatory fiat” overreach.

    Texas Attorney General Ken Paxton, alongside Kansas Attorney General Kris Kobach and Gun Owners of America Texas director Wes Virdell, held a press conference on Wednesday morning announcing the filing of two lawsuits against the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) regarding new rules about private firearm sales.

    U.S. Attorney General Merrick Garland announced new rules adding definitions of certain terms under the Safer Communities Act that will expand the circumstances requiring individuals to obtain Federal Firearm Licenses (FFL) and perform background checks to sell guns. This is to close the so-called “gun show loophole,” which has been a priority for the Biden administration.

    If they are talking about the Bipartisan Safer Communities Act of 2022, there’s absolutely nothing in the text of the act about closing any “gun show loophole.”

    Texas’ lawsuit was filed on the morning of May 1, 2024 in the United States District Court for the Northern District of Texas, Amarillo Division. It was filed by Texas with the states of Louisiana, Mississippi, and Utah; Jeff Tormey; Gun Owners of America; Gun Owners Foundation; Tennessee Firearms Association; and the Virginia Citizens Defense League also listed as plaintiffs.

    Kansas’ lawsuit was filed on the morning of May 1, 2024 in the United States District Court for the Eastern District of Arkansas, Delta Division. It was filed by Kansas alongside the states of Arkansas, Iowa, Montana, Alabama, Alaska, Georgia, Idaho, Indiana, Kentucky, Missouri, Nebraska, New Hampshire, North Dakota, Oklahoma, South Carolina, South Dakota, Tennessee, Virginia, West Virginia, and Wyoming, with Phillip Journey, Allen Black, Donald Maxey, and the Chisholm Trail Antique Gun Association also listed as plaintiffs.

    Both lawsuits seek declaratory and injunctive relief.

    “Today, Texas is leading a multi-state coalition that is suing to stop the final rule issued by the ATF that criminalizes private firearm sales. Biden’s latest effort to unilaterally curtail our constitutional rights is completely illegal,” said Paxton in his speech.

    “Yet again, Joe Biden is weaponizing the federal bureaucracy to rip up the Constitution and destroy our citizens’ Second Amendment rights. This is a dramatic escalation of his tyrannical abuse of authority. With today’s lawsuit, it is my great honor to defend our Constitutionally-protected freedoms from the out-of-control federal government.”

    Kobach also spoke at the announcement of the lawsuits.

    “Biden’s latest attempt to strip away the Second Amendment rights of Americans through ATF regulations will make many law-abiding gun owners felons if they sell a firearm or two to family or friends. This rule is blatantly unconstitutional. We are suing to defend the Second Amendment rights of all Americans,” said Kobach.

    “Until now, those who repetitively purchased and sold firearms as a regular course of business had to become a licensee… This rule would put innocent firearm sales between law-abiding friends and family members within reach of federal regulation,” the Kansas court filing reads. “Such innocent sales between friends and family would constitute a felony if the seller did not in fact obtain a federal firearms license and perform a background check.”

    While not at the announcement, the attorneys general of Utah and Mississippi both offered statements in the lawsuit’s press release.

    “Nearly 40 years ago, Congress condemned ATF for targeting innocent gun owners instead of focusing on felons, calling ATF’s actions ‘reprehensible.’ Congress even changed the law to limit ATF’s authority. But ATF is at it again, this time trying to require a citizen selling even a single firearm to obtain a license. Utah is proud to join the 26 states — in three separate lawsuits— protecting their citizens from this bureaucratic overreach.” said Utah Attorney General Sean Reyes.

    “By seeking to treat every legal gunowner as a commercial gun dealer and every gun sale or trade into a commercial transaction, this rule unmasks the Biden Administration’s anti-gun agenda in ways many of its other actions have not. The Second Amendment could never have contemplated this kind of regulation and it will not withstand scrutiny in the courts. On behalf of Mississippi gunowners, we are proud to stand with the citizens who have come forward in this lawsuit,” said Mississippi Attorney General Lynn Fitch.

    Twenty-five states are suing the ATF across both lawsuits. Florida has also filed its own suit against the ATF for declaratory and injunctive relief about the same rule.

    For those counting along on the home game, that’s more than half the states in the union suing the Biden Administration over their latest attempt at gun legislation by fiat.

    This is not the first lawsuit that Paxton has filed against the ATF this year. In February, the State of Texas sued the ATF over the Biden administration’s recent decision to redefine firearms with pistol braces as short-barrelled rifles under the National Firearms Act (NFA).

    Complete civilian disarmament has been a longterm goal of the Democratic Party, and to that end they would love to ensnare ordinary Americans in FFL laws and paperwork for private firearms transactions, despite such restrictions never being contemplated by the founding fathers. In the post-Bruen judicial landscape, expect the courts to be extremely skeptical of unconstitutional firearms regulation, especially those with no basis in the underlying statute language, and expect Paxton to notch another victory over the Biden Admistration in his belt.

    “Ghost Gun” Ban Headed To Supreme Court

    Monday, April 22nd, 2024

    Another ill-conceived bit of DOJ gun regulation is now headed to the Supreme Court.

    After the U.S. Department of Justice (DOJ) promulgated a rule to regulate home-built firearm kits, or what the Biden administration calls “ghost guns,” two Texas residents filed a lawsuit challenging the legality of the rule that will now be heard by the Supreme Court of the United States (SCOTUS).

    The Biden Administration and other gun-grabbing Democrats call them “ghost guns” because they are literally, by law, not guns. They’re unfinished 80% receiver kits, or build kids that you must finish at home on a milling machine, 3D printer, etc. American citizens building their own guns without the approval of the federal government (which has only occurred since, oh, about 1873) promises to thwart their plans of complete civilian disarmament, hence “ghost gun” regulations.

    Represented by the Firearms Policy Coalition (FPC), the lawsuit from plaintiffs Jennifer VanDerStok and Michael Andren contends the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) exceeded the boundaries of federal law by implementing the new rules, which treat unfinished firearm kits as finished firearms and requires all firearms to possess a serial number.

    The DOJ argued it simply wants to make sure the unfinished parts kits are treated like any other firearm and says implementation of the rule will not prevent anyone who is lawfully allowed to possess a gun from obtaining one. Those wanting to buy one would need to undergo the regular process to purchase any firearm, which includes a background check.

    The plaintiffs disagree, writing in their SCOTUS brief that they believe the federal government’s goal in implementing the rule isn’t to simply regulate the firearm kit industry, but to get rid of it.

    “The expected result of ATF’s Rule was not simply to regulate this industry but to destroy it,” the FPC wrote, pointing to a communication from the ATF to the FBI regarding the rule’s effect.

    “The ATF informed the FBI that the Rule should not be expected to significantly impact the background check system because “many parts kit manufacturers and dealers will go out of business,” the brief continued.

    Both a federal judge in North Texas and subsequently the U.S. 5th Circuit Court of Appeals sided with the plaintiffs in challenging the rule, prompting the DOJ to file an appeal with SCOTUS.

    On Monday, SCOTUS granted a review of the case for its fall term, setting up a final legal showdown between the gun rights groups and the federal government on the issue.

    In previous Supreme Court cases on the legality of various firearms sale and registration acts, the Commerce Clause of the United States Constitution has typically done a lot of heavy lifting. However, someone producing a gun in their own workshop for personal use and not to sell in another state, would not seem to fall under the purvey of federal regulation were it not for the radical expansion of federal power to stick it’s nose into every possible affair of private citizens afford by such post-New Deal decisions as Wickard vs. Filburn.

    Maybe the Supreme Court will finally use this opportunity to reign in the federal government’s unlegislated regulatory powers based on vague, unenumerated Commerce Clause rationales.

    18-20 Handgun Ban Struck Down

    Sunday, December 3rd, 2023

    Another court victory for the Second Amendment.

    On Friday, Judge Thomas S. Kleeh issued a decision striking down the federal prohibition against 18 to 20-year-olds purchasing handguns.

    The plaintiffs in the case are Steven Robert Brown, Benjamin Weekley, the Second Amendment Foundation, and the West Virginia Citizens Defense League.

    Judge Kleeh, a Donald Trump appointee, is Chief Judge of the United States District Court for the Northern District of West Virginia.

    Kleeh put the case in context:

    This case requires the Court to assess the protected right of the people under the Second Amendment to the Constitution to keep and bear arms. U.S. Const. amend. II. Plaintiffs Robert Brown (“Brown”) and Benjamin Weekley (“Weekley”), individuals, are “law abiding, responsible adult citizens who wish to purchase handguns.”…Brown and Weekley are citizens of West Virginia and the United States of America and are between the ages of eighteen and twenty-one. Brown and Weekley, as law-abiding, responsible adult citizens, would purchase handguns and handgun ammunition from Federal Firearms Licensees (“FFLs”) but for the right proscribed by 18 U.S.C. §§ 922(b)(1) and (c)(1).

    He went on to explain that Brown and Weekley had each tried to buy a handgun but were “refused the sales because they were under twenty-one years of age.”

    Kleeh noted that the plaintiffs sought summary judgment against the statute while the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), Attorney General Merrick Garland, and ATF Director Steven Dettelbach sought to have the case dismissed.

    He sided with the plaintiffs and quoted extensively from Bruen (2022) to show the manner at which he arrived at his decision.

    Here is one of Kleeh’s quotes from the Bruen decision:

    To justify its regulation, the government may not simply posit that the regulation promotes an important interest…To demonstrate the regulation of that conduct is within the bounds of the Second Amendment, “the government must demonstrate that the regulation is consistent with the Nation’s historic tradition of firearm regulation. Only if a firearm regulation is consistent with the Nation’s historical tradition may a court conclude that the individual’s conduct falls outside the Second Amendment’s “unqualified command.”

    It’s taken a bit of time, but we’re finally seeing Bruen test standards used to strike down gun-grabbing laws. Hopefully a whole lot more will be struck down in the near future…

    ATF Pistol Brace Regulations Blocked

    Tuesday, October 10th, 2023

    In another small victory in the war against ATF overreach, a federal judge has blocked ATF regulations on pistol braces.

    After the U.S. 5th Circuit Court of Appeals found that a challenge to the Biden administration’s rule regulating pistol braces as short-barreled rifles (SBR) would likely prevail, a district judge entered orders enforcing the appeals court’s findings — blocking any enforcement against the plaintiffs, their customers, or their families.

    The case, styled Mock v Garland, was brought against the Department of Justice by the Firearms Policy Coalition (FPC) to challenge the reclassification of popular pistol braces as SBRs, which are heavily regulated weapons under the National Firearms Act (NFA). That law requires extensive background checks, a $200 tax that in some cases takes over a year to pay, and carries additional restrictions on the firearm.

    Violating any of the nuanced rules in the NFA can subject the owners to heavy fines and penalties.

    While the district court had initially denied the plaintiffs’ request for an injunction, the instructions from the 5th Circuit instructed the district judge to grant the request in a manner consistent with their findings.

    On October 2, Judge Reed O’Connor issued the order blocking enforcement of the law against the individual plaintiffs, FPC and their members, pistol brace manufacturer Maxim Defense, and their customers and families.

    The lawsuit will now proceed to trial, along with challenges brought by several other gun rights groups in separate cases seeking to have the rule struck down entirely.

    As I’ve stated before, the pistol brace rule would retroactively make millions of law-abiding Americans criminals for not registering them (which, for the left, is no doubt the point). Government agencies should not be able to unilaterally and retroactively declare ownership of legally obtained goods suddenly forbidden on penalty of law.

    This ruling is also another example of why the black-pilled “Republicans are useless” mutterings are wrong. Without Reagan, Bush41, Bush43 and Trump judicial appointments, it’s overwhelmingly likely that none of the landmark Second Amendment cases (Heller, Bruen) go our way, and ruling Democrats would be busy working on complete disarmament of American citizens.

    It’s important to celebrate every victory for freedom, no matter how small.

    Brandon Herrera Running For Congress

    Thursday, August 31st, 2023

    I somehow missed this news when it broke a couple of weeks ago, but firearms YouTuber Brandon Herrera, AKA TheAKGuy, is running against incumbent Republican congressman Tony Gonzales for the Texas 23rd U.S. congressional district in the 2024 Republican primary.

    Brandon Herrera, a YouTube influencer with a focus on firearms, has announced that he is challenging incumbent Republican U.S. Rep. Tony Gonzales for Texas’ congressional district 23 seat.

    Herrera, who has over 2 million YouTube subscribers, had been hinting towards a congressional run for weeks on his YouTube channel. He previously made an appearance at a congressional hearing earlier this year after being invited by U.S. Reps. Matt Gaetz (R-FL) and Marjorie Taylor Green (R-GA) to testify against the Bureau of Alcohol, Tobacco, Firearms, and Explosives.

    Congressional District 23 is a rural, majority-Hispanic area that encompasses western San Antonio and contains a large span of the Texas-Mexico border—including Uvalde, Eagle Pass, and El Paso county.

    Herrera first announced his run at the Young Americans for Liberty conference and then in a YouTube video.

    “Several Republicans who swore to defend gun rights, to protect borders, just in general, putting the rights and interests of the American people above their own, turn their back on these values,” Herrera said.

    “There can be no more incumbent politicians who vote time and time again against the interests of the American people without fear of losing their positions,” he continued.

    Herrera calls himself a “Second Amendment absolutist” and has repeatedly criticized Gonzales for being the sole Texas Republican member of the U.S. House to vote for the Bipartisan Safer Communities Act, a Biden-backed law meant to enact stricter background checks for gun purchases.

    Here’s his campaign announcement (which looks like it was filmed in a hotel room):

  • “I have a deep love for the values that this country was founded on, the ideas of freedom of self-governance. You see, America was never supposed to be the country that gave you everything you always wanted. It was simply a place that gave you the freedom and the opportunity to chase those things for yourself to pursue happiness to build great things.”
  • “I’m working with groups like The Firearms Policy Coalition, National Association for Gun Rights, and Gun Owners of America.” Notice who’s missing?
  • “Tony Gonzalez claimed to be in favor of gun rights, but he voted in favor of Biden’s post-Uvalde gun control and claims he would do it again.”
  • And here he is at Young Americans for Liberty:

  • “ATF is out of control.”
  • “They are a regulatory body that does not have the Constitutional authority to write the law, yet they write the law. They’re banning FRTs [forced reset triggers], they’re banning arm braces, they’re banning bump stocks. All things, I will remind you, comply to the letter of the law and were actually previously approved by the ATF for sale.”
  • “The American experiment was about having the freedom to be who you want to be, to live how you want to live to do what you want to do. Unless that means you want to fuck kids. That’s that’s when the wood chipper gets hungry.”
  • Here’s his website. His six highlighted issues (gun rights, immigration, budget deficits, censorship, leftwing control of education and abortion) are all solidly conservative, but he might want to throw up paragraphs about the lousy Biden economy and protecting the oil and gas industry (TX-23 includes big chunks of Eagle Ford and Permian Basin fields).

    Herrera is one of the biggest gun bloggers in Texas, but sometimes it’s difficult to translate “internet famous” into electoral success. (In 2015, Fark’s Drew Curtis drew a paltry 3.7% of the vote as an independent in Kentucky’s gubernatorial race.)

    On the other hand, Second Amendment rights are a hot-button issue for Texas Republican voters, and Herrera has just under 3 million subscribers on YouTube. If 1/10th of them sent him $5 each, his campaign would have enough money to run a competative race.

    TX-23 used to be a full-blown swing district, with Will Hurd and Gonzalez winning by narrow margins, but it’s gotten redder thanks to redistricting and a Hispanic swing toward the GOP thanks to Biden’s feckless border policies. Swing districts tend to produce squishy congressmen like Hurd and Gonzalez.

    Pretty much nothing about Herrera makes me think he’d be squishy.

    Federal Judge Rules Against ATF Brace Rule

    Thursday, August 3rd, 2023

    A small victory in the war against ATF overreach:

    The U.S. 5th Circuit Court of Appeals ruled Tuesday that two Texas residents are likely to prevail in their legal challenge to a Biden administration rule that redefined firearms with pistol braces as heavily regulated short-barreled rifles (SBR), ordering the district court to reconsider issuing a permanent injunction to block the rule.

    The case, styled Mock v. Garland, was brought by attorneys with the Firearms Policy Coalition on behalf of Texas residents William Mock and Christopher Lewis. The plaintiffs sought to block the administrative rule that would subject firearms, otherwise legally classified as pistols, as SBRs, which are heavily regulated under the National Firearms Act (NFA).

    To purchase an NFA-regulated weapon, a buyer must undergo a background check, pay $200 in taxes to the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), and wait roughly a year. NFA firearms are also subject to a litany of additional regulations, the violation of which can subject the owner to substantial civil and criminal penalties.

    Gun owners were given four months after the rule change in January to remove braces from their pistols and either destroy, register, or surrender them to the ATF, or else be subject to criminal charges after the grace period.

    Snip.

    The 5th Circuit’s decision noted that the rule was challenged on two fronts, the first being that the ATF failed to follow proper procedure by giving public notice of one version and then implementing a different final version with a broader application.

    Because the court sided with the plaintiffs on the administrative procedural challenge, determining they would likely succeed on the merits at trial and that they meet the requirements for injunctive relief, the court stopped short of addressing the constitutional challenge. However, Justice Don Willet wrote in a separate concurring opinion that he suspects the rule would likely “not withstand constitutional muster.”

    God bless Judge Willet and President Donald Trump for nominating him to the Fifth Circuit.

    The majority opinion remanded the case to the U.S. District Court for the Northern District of Texas, where the original judge had denied the plaintiff’s past request for an injunction blocking the rule.

    For now, the appeals court is maintaining an order blocking enforcement of the rule against FPC and its members until the district court issues a new ruling on its injunction request that complies with the appeals court’s findings.

    Several other legal challenges to the pistol brace rule are presently ongoing in federal district courts, with challenges from Gun Owners of America and the Wisconsin Institute for Law and Liberty prevailing earlier this year in securing injunctions to block the rule’s enforcement for the organizations’ members.

    The pistol brace rule would retroactively make millions of law-abiding Americans criminals for not registering them (which, for the left, is no doubt the point). Government agencies should not be able to unilaterally and retroactively declare ownership of legally obtained goods suddenly forbidden on penalty of law.

    Hopefully the pistol brace rule gets overturned entirely.

    LinkSwarm for April 22, 2023

    Friday, April 21st, 2023

    I finally finished and sent off my taxes this week. It’s a load off my mind! Now I can get back to my low calorie life substitute!

    This week: The Biden Administration tries to cram transexism down America’s throat, more Blue City crime dysfunction, and the Babylon Bee is on fire!

  • “How Americans have taken a pay cut every month since Biden took office.”

    House Speaker Kevin McCarthy has laid out the devastating results of runaway government spending on the middle class and why it’s so important to claw back lost ground for the average American, who has “received a pay cut for 24 consecutive months … as inflation has persisted.”

    He also noted the average American family has lost the equivalent of more than $7,000 in annual income.

    There is a direct link between spending, borrowing and printing trillions of dollars, and these disastrous results for Americans.

    President Biden has spent trillions of dollars the nation didn’t have.

    These unchecked costs drove the deficit to record highs and pushed the debt over $31 trillion.

    (Hat tip: Stephen Green at Instapundit.)
    

  • Ex-Planned Parenthood exec commits suicide after botched child porn raid in Connecticut.

    A former Connecticut Planned Parenthood honcho took his own life days after police failed to arrest him on child pornography charges — botching the raid by knocking down the door of the suspect’s New Haven neighbor.

    Tim Yergeau, 36, the former director of strategic communications at the Southern New England branch of Planned Parenthood, died by suicide on Tuesday amid a child pornography investigation in Connecticut last week.

  • The Biden Administration desperately wants to cram transexism down America’s throats.

    The Biden administration on Thursday unveiled a proposal that would prohibit schools from instituting policies that “categorically ban transgender students from participating on sports teams consistent with their gender identity.” The policy would allow schools to implement certain limitations in the interest of fairness or safety, however.

    The proposed rule, which would impact any school or college that receives federal funding, would expand Title IX protections to include gender identity. Under the proposal, a “one-size-fits-all” ban on transgender athletes playing on teams that match their stated gender identity would be a violation of Title IX. The rule, which is likely to face challenges, will face a lengthy approval process.

    This is, in fact, the exact opposite of the text of Title IX, which provides special protection for biological women, not men pretending to be women.
    

  • “Pennsylvania Teachers, Activists Concocted Bogus LGBTQ Bullying Epidemic for Political Gain, Investigation Finds.”
  • Meanwhile, Twitter has moved in the opposite direction, saying it will no longer ban users for “misgendering” or “dead-naming,” i.e. daring to say that a biological man is a man.
  • Meanwhile, Democrats in Minnesota are planning to shove social justice down children’s throats.

    Under the radar, a package of bills is ramming through sweeping changes that will reorient our public schools around a new paradigm — subordinating academic basics to an obsessive, politicized preoccupation with race and social justice activism.

    “Critical Social Justice” ideology (CSJ) — the vehicle for manipulating our young people into adopting this worldview — is laced strategically through a variety of bills, including “ethnic studies” (HF 1502), “Teachers of Color” (HF 320) and now the House and Senate omnibus education bills (HF 2497/SF 2684).

    Taken together, this legislation will inject reductive, racialized thinking into every classroom in Minnesota’s approximately 500 school districts and charter schools; change the fundamental mechanics of education in our state; and give the Minnesota Department of Education (MDE) and the Professional Educator Licensing and Standards Board (PELSB) broad new powers that amount to an end-run around our state’s hallowed tradition of local control.

  • More blue city dysfunction. “Portland REI to Close Due to Record Number of Break-Ins, Thefts.”
  • California’s crazy program to subsidize poor home owners with mortgage down-payments runs out of money in 12 days.
  • Related: “Joe Biden Wants Homebuyers With Good Credit to Subsidize High Risk Mortgages.”
  • TikTok’s Democrat Lobbyists Visited Biden White House At Least 40 Times In Past Year.” Beijing Joe likes his dough.
  • Here’s a story I missed earlier: “Kazakhstan Impounds Property of Roscosmos Subsidiary.” That’s the Russian company that’s the main operator of Baikonur spaceport. Haven’t seen any resolution to this, mainly because Russia is so broke thanks to mismanagement, sanctions, and an illegal war of territorial aggression.
  • Ruh-roh!

  • ATF Director Steve Dettelbach says he’s not a firearms expert. Sounds like he should have another job.
  • No wonder they hid it. “Louisville Shooter’s Manifesto Details His Intent To Push Gun Control.”
    

  • Anheuser-Busch Thinks We’re Idiots.” (Hat tip: Sarah Hoyt at Instapundit.)
  • BuzzFeed shuts down. Dwight whipped this up:

  • Jay Leno drives the 1,025 horsepower 2023 Dodge Challenger SRT Demon 170. I have an irrational desire to own something with a Hellcat engine, which I need like I need a hole in my head. Plus I like the look of the Shelby GT-500 Mustang better, and I’m not buying one of those either.
  • Size comparison video of different science fiction starships.
  • “Disney World Forced To Close After DeSantis Builds Elementary School Within 1,000 Feet.”

    “Disney has proudly employed sex predators for years, and this act of aggression by DeSantis will force thousands of our proud pedo-American workers to leave the park to stay outside the 1,000-foot radius required by law,” said Disney CEO Bob Iger. “This is tyranny!”

  • “Hasbro Introduces New ‘Transition Me Elmo’ Doll.”
  • “Budweiser Replaces Clydesdales With Cows Dressed As Horses.”
  • “Chicago Mayor Warns That If Local Walmart Locations Close People Will Have Fewer Places To Shoplift.”
  • “Newlyweds In San Francisco Looking For Nice One Bedroom, Zero Bath Starter Tent.”
  • 

    Gun Owners of America Join Forces With Ken Paxton To Sue ATF Over Gun Brace Regulation

    Tuesday, February 14th, 2023

    Gun Owners of America and Texas Attorney General Ken Paxton join forces to sue the Biden Administration.

    More lawsuits are pouring in against the Biden administration’s recent decision to redefine firearms with pistol braces as short-barrelled rifles (SBR) under the National Firearms Act (NFA), with Texas Attorney General Ken Paxton and Gun Owners of America (GOA) filing a joint lawsuit seeking to block the rule.

    The lawsuit, State of Texas v. ATF, was filed in the Federal Southern District Court of Texas on Thursday, joining two other lawsuits filed in federal district courts in Texas. Those include a challenge filed by attorneys with the Wisconsin Institute for Law and Liberty in the Northern District, and a challenge filed in the Eastern District by the Texas Public Policy Foundation (TPPF).

    GOA called their lawsuit “the most comprehensive” among those filed, writing, “Our complaint makes clear that the agency’s rule violates the Second Amendment ‘text, history and tradition’ standard set forth by the Supreme Court in its recent Bruen case.” GOA also said their case argues the rule violates several other constitutional provisions, including being an “invalid” exercise of taxing authority.

    Paxton also released a statement on the lawsuit, saying he is hopeful they prevail in blocking the rule.

    “This is yet another attempt by the Biden Administration to create a workaround to the U.S. Constitution and expand gun registration in America,” Paxton said in the release. “There is absolutely no legal basis for ATF’s haphazard decision to try to change the long-standing classification for stabilizing braces, force registration on Americans, and then throw them in jail for ten years if they don’t quickly comply. This rule is dangerous and unconstitutional, and I’m hopeful that this lawsuit will ensure that it is never allowed to take effect.”

    The GOA announcement:

    Today, Gun Owners of America (GOA) and the Gun Owners Foundation (GOF) jointly filed a lawsuit challenging the Biden Pistol Brace Ban with Texas Attorney General Ken Paxton. The suit was filed in U.S. District Court for the Southern District of Texas.

    This new rule, which took effect on January 31st of this year, will force Americans to register or destroy their approximately 40 million lawfully owned brace firearms within 120 days, or face possible felony charges.

    Erich Pratt, GOA’s Senior Vice President, issued the following statement:

    “Millions of Americans are facing a very tight deadline to destroy or register their lawfully owned property under this draconian new rule. We hope the court will hear the pleas of gun owners across the country who will be irrevocably harmed by this rule, and GOA stands ready to fight it at every turn.”

    Sam Paredes, on behalf of the board for GOF, added:

    “This rule will have some of the most wide-reaching impacts nationwide in the tyrannical history of gun control. We the People will not tolerate this abuse.”

    You can read the text of the lawsuit here.

    Having a state Attorney General join your lawsuit tends to do wonders to establish standing to sue the federal government. Like bump stocks, ATF has decided to retroactively make an entire class of widely-owned firearms accessory illegal, along with turning millions of lawful gun owners into felons for continuing to possess the same accessories they had already lawfully purchased. The composition of the Supreme Court has changed since Gundy v. United States was decided, and the current court may be much more inclined to reign-in delegation of congressional powers to regulatory agencies.