Posts Tagged ‘Wes Virdell’

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.

Texas Election Roundup For February 28, 2024

Wednesday, February 28th, 2024

I hadn’t intended to use so much of this week talking about Texas elections, but a lot of news is dropping and the primary looms next week, so let’s tuck in:

  • Vegas bets on Dade Phelan.

    After mainly remaining on the sidelines ahead of the primary, casino companies seeking to turn Texas into a piggy bank are spending big to back the current House Speaker and his allies.

    Chief among these out-of-state interlopers is Las Vegas Sands, giving through its “Texas” Sands PAC. The largest beneficiary of Sands’ money in the latest filing period is embattled House Speaker Dade Phelan (R-Beaumont).

    The casino outfit gave $200,000 to the Speaker, his second-largest donation in the latest filing period. Another gambling behemoth, Penn Entertainment Inc., gave Phelan $20,000. The Choctaw Nation of Oklahoma donated $10,000.

    Gambling special interests have long targeted Texas but have been rebuffed for decades following failed promises of the Texas Lottery. During the 2023 legislative session, the Texas House advanced gambling measures that the Texas Senate ignored.

    In this latest period, Sands gave $1.8 million to Texas politicians. This money went exclusively to members of the Texas House, with Republicans taking $1.34 million and Democrats $457,500. This is potentially a preview of a deluge of money that big gambling may spend in the lead-up to the 2025 legislative session.

    State Rep. John Kuempel (R-Seguin), a key proponent of growing the gambling footprint in Texas, received the second-highest total from Sands at $110,000. Like Phelan, Keumpel finds himself up against a field of challengers, including Alan Schoolcraft who enjoys the endorsement of Gov. Greg Abbott and heavy financial backing.

  • Speaking of Phelan, it seems that a state agency paid millions in above-market rates for real estate rental to Phelan’s company.

    Texas Republican Party Chairman Matt Rinaldi says the Texas Health and Human Services Commission (HHSC) has paid a company House Speaker Dade Phelan manages three times the market value.

    On February 16, 2023, an exclusive Texas Scorecard investigative report examined a lease between HHSC and 3105 Executive, LLC—a company Phelan and members of the Phelan family manage and direct. From December 2017 to December 2023, state taxpayers paid this company $2.3 million through HHSC. The original lease ran from January 2014 to December 2023 but has been extended to August 2029. Phelan was first elected to the Texas House in 2014 and began serving in 2015. He was elected Speaker by fellow House members in 2021.

    On February 17, Rinaldi took to social media platform X, noting that the 2023 rent HHSC paid Phelan is three times the market value.

    “This looks like a $268,000 windfall to the Speaker’s business paid for money appropriated by the House, which is a big deal,” he wrote. “My next question would be how many other income streams are there like this one?”

  • President Trump just endorsed a bunch more Texas candidates.

    Trump endorsed the following House candidates:

    • Brent Money for House District 2, a seat only recently filled by Jill Dutton in a special election
    • Joanne Shofner, who is challenging State Rep. Travis Clardy (R-Nacogdoches) for House District 11
    • Steve Toth (R–Conroe), who is the current representative for House District 15
    • Janis Holt, who is challenging State Rep. Ernest Bailes (R-Shepherd) for House District 18
    • Gary Gates (R–Richmond), who is the current representative for House District 28
    • Wes Virdell for House District 53, which is an open seat following the retirement of State Rep. Andrew Murr (R-Junction)
    • Hillary Hickland, who is challenging State Rep. Hugh Shine (R-Temple) for House District 55
    • Stormy Bradley, who is challenging State Rep. Drew Darby (R-San Angelo) for House District 72
    • Don McLaughlin for House District 80, which is an open seat following the retirement of Tracy King (D-Uvalde)
    • John Smithee (R–Amarillo), who is the current representative for House District 86
    • Caroline Fairly for House District 87, which is an open seat following the retirement of Four Price (R-Amarillo)
    • Barry Wernick, who is challenging State Rep. Morgan Meyer (R-Dallas) for House District 108

    Bailes, Darby, Shine, and Meyer all voted to impeach Attorney General Ken Paxton—a close ally of Trump. Gates also voted for impeachment but later apologized and contributed $15,000 to Paxton’s campaign fund.

    Bailes, Darby, Clardy, and Shine all voted against Gov. Greg Abbott’s school choice program. Abbott has endorsed Trump’s 2024 presidential bid.

    Money, Virdell, Hickland, and Bradley have also been endorsed by Gun Owners of America.

    A consensus is forming among a broad front of Republicans (Trump, Abbott, Patrick and Paxton) on who to vote for on Tuesday, and Phalen’s pals ain’t it.

  • And Paxton is out on the campaign trail supporting challengers to the Phelan-aligned reps who voted for his impeachment.
  • State Rep. Gary VanDeaver Faces Stiff Challenge One Decade After Ousting Previous Incumbent.”

    Ten years into his career in the Texas House, state Rep. Gary VanDeaver (R-New Boston) now faces the very same challenge he mounted a decade ago — a newcomer hoping to unseat an incumbent.

    VanDeaver faces two challengers — the Gov. Greg Abbott-backed Chris Spencer and Attorney General Ken Paxton-backed Dale Huls — in his bid for a sixth term in the Legislature.

    He is one of 15 House Republicans seeking re-election who voted both for Paxton’s impeachment last May and to strip education savings accounts (ESA) from the House education omnibus bill last November, and for those he’s become a top target. Abbott and the pro-school choice groups wading into Texas House races have an eye toward flipping the seat, and Paxton is bent on exacting retribution.

    Snip.

    VanDeaver is in a dogfight, primarily against Spencer, the former chairman of the Sulphur Springs River Authority who loaned himself $300,000 at the campaign’s outset and is benefitting greatly from outside money.

    According to ad buy data provided to The Texan from Medium Buying, a national GOP placement agency, Spencer and the groups backing him have reserved $116,000 of ad space on cable and broadcast television from Monday through the election next week. That dwarfs the $12,000 spent by VanDeaver’s camp during the same period.

    Most of Spencer’s ad space was purchased either by Abbott’s campaign or the School Freedom Fund, a PAC affiliated with the national group Club for Growth.

    As of the eight-day reporting period, VanDeaver has $450,000 cash-on-hand after raising $684,000 from January 26 through February 24. During that same period, Spencer raised $257,000 and has $166,000 left on hand. Huls is far behind the other two with $16,000 raised and $7,000 remaining in the bank.

  • A brief look at Republican ballot propositions.
  • Gun Owners Of America Issue Texas Endorsements

    Saturday, February 24th, 2024

    Gun Owners of America have issue their Texas election endorsements. Let’s do the Texas statehouse candidates first (all Republicans):

  • Texas State House District 2: Brent Money
  • Texas State House District 17: Tom Glass
  • Texas State House District 21: David Covey
  • Texas State House District 33: Katrina Pierson
  • Texas State House District 53: Wes Virdell
  • Texas State House District 55: Hillary Hickland
  • Texas State House District 60: Mike Olcott
  • Texas State House District 64: Andy Hopper
  • Texas State House District 65: Mitch Little
  • Texas State House District 71: Liz Case
  • Texas State House District 72: Stormy Bradley
  • Texas State House District 121: Marc LaHood
  • Covey, Olcott and Case were also endorsed by President Trump.

    GOA also made the following non-House race endorsements:

  • Judge Criminal Court of Appeals Place 7: Gina Parker
  • Criminal Court of Appeals Presiding Judge: David Schenck
  • Parker and are both running against judges who ruled Paxton can’t prosecute voter fraud cases.

    LinkSwarm for October 6, 2023

    Friday, October 6th, 2023

    The job search continues, Buddy is healing nicely from his surgery, and we’ve finally gotten some decent cool weather. This week: More Biden border follies, social justice types getting stabbed by reality, and a double dose of doggy goodness. It’s the Friday LinkSwarm!

  • We touched on this earlier this week, but the Biden Administration has done a 180 and will allow Texas to construct a border wall.

    Department of Homeland Security secretary Alejandro Mayorkas waived 26 federal laws Wednesday, allowing border-wall construction in south Texas to resume under the Biden administration for the first time since former president Donald Trump left office.

    “There is presently an acute and immediate need to construct physical barriers and roads in the vicinity of the border of the United States in order to prevent unlawful entries into the United States in the project areas,” Mayorkas wrote in the notice.

    The new construction project will add an additional 20 miles to the border wall in Starr County, Texas, which has been reported as an area experiencing “high illegal entry.” Border Patrol’s Rio Grande Valley sector, in which the county is located, has seen over 245,000 illegal migrants enter the U.S. through that area during fiscal year 2023.

    Among the 26 laws that the DHS waived included the Clean Air Act, Safe Drinking Water Act, and Endangered Species Act, all notable environmental laws that limited further construction of the wall. The project will be funded by a congressional appropriations package from fiscal year 2019, the notice stated.

    The announcement marks a noticeable flip from President Joe Biden’s original stance on the matter. “Building a massive wall that spans the entire southern border is not a serious policy solution,” Biden said in January 2021, ending the national emergency over the border crisis when he first became president.

    While running against Trump in 2020, Biden emphatically stated, “There will not be another foot of wall constructed in my administration.”

    Of course the same overflowing conditions have been plaguing the border throughout the entirety of Biden’s term, but Democratic mayors we’re screaming for relief from their own “sanctuary city” policies until recently. Chalk up another win for Texas Governor Greg Abbott’s illegal alien busing policies.

  • Or maybe not? “Mayorkas Furiously Backpedals After Claiming ‘Acute & Immediate Need’ For Border Wall.”
  • The Biden border invasion, by the numbers.

    3 million people, more or less, were “encountered” by U.S. Customs and Border Protection, which includes the Border Patrol, illegally entering the U.S. in fiscal year 2023 (which ended Sept. 30). On Mayorkas’ watch, we have set the record for the highest number of yearly illegal alien encounters in U.S. history. If those caught in 2023 formed a new city, it would the third biggest in America, behind only New York and Los Angeles.

    304,000 illegal aliens were encountered this August alone (the last month for which we have official government numbers). That’s the population of Pittsburgh, Pennsylvania.

    75% of August’s inadmissible aliens were freely let in by President Joe Biden’s Department of Homeland Security. Mayorkas has told the press and Congress many times that the border is not open. But if a door admits three of every four people who attempt to go through it, can we consider it closed? A philosophical question, perhaps. Maybe we can settle on “mostly open,” like the “mostly dead” Wesley in the movie “The Princess Bride” or the “mostly peaceful” riots of 2020.

    Read the whole thing. (Hat tip: Director Blue.)

  • Satanic Pedophile Extortion Cult Uncovered By FBI After NY Arrest.”

    A November 2021 arrest in Queens, New York led to the discovery of a satanic cult of pedophile extortionists known as 764, which has been linked to significant criminal activity around the globe. The organization, which goes byseveral aliases, was uncovered by the FBI while investigating alarming posts on social media made by 23-year-old Angel Almeida of Astoria, Queens, The Guardian reports.

    Almeida was flagged to the FBI by an anonymous tipster who was concerned over his social media accounts, which contained images of violence against children and animals. In one post, he expressed support for Charleston mass-murderer Dylann Roof. Another post showed him talking around with a shotgun while wearing a “a skull mask and crossed bandoliers of rifle ammunition across his chest with a flag in the background featuring an Order of Nine Angles symbol.”

    Almeida served 18 months in prison for third degree burglary in 2018, and was arrested for being a felon in possession of a firearm. He was detained in Brooklyn’s metropolitan detention center. In February 2023, federal prosecutors filed a superseding indictment on child pornography and exploitation charges related to his involvement in the cult, as well as hundreds of thousands of digital files recovered from his residence.

    In new charges, Almeida is accused of coercing a teenage girl into having sex with an older man, and convincing another girl to cut herself on camera and send it to him.

    In one post, Almeida posts “For the 2k pedophile haters,” showing his finger over the trigger guard of a Taurus handgun.

  • FBI creates “MAGA Extremist” category to target Trump supporters.
  • I haven’t kept up with internal issues in Commie dystopian Venezuela, but evidently they’re having trouble with criminal gangs.

    Early in the morning of September 20, 11,000 members of the Venezuelan security forces deployed around the notorious prison of Tocorón in Aragua state, the home base of the country’s most powerful criminal structure, the Tren de Aragua.

    “The Bolivarian Government informs that the Cacique Guaicaipuro Liberation Operation has been underway since the early hours of the morning. Its objective is to dismantle and put an end to organized crime gangs and other criminal networks operating from the Tocorón Penitentiary, to the detriment of the tranquility of the Venezuelan people,” read an official communiqué.

    Residents living near the prison were awakened by the sounds of armored vehicles speeding towards the prison, in what is one of the largest deployments ever of the Venezuelan security forces.

    The simple fact that the operation, named after a legendary native chief of the 16th Century, needed 11,000 soldiers and officials speaks to the power of the Tren de Aragua and its leader Héctor Rusthenford Guerrero Flores, alias “Niño Guerrero,” in Tocorón.

    The prison, which is in the central state of Aragua and home to some 7,000 inmates, is one of the biggest in the country.

    This operation, the first against the Tren de Aragua, and the largest of its kind to date, is a clear show of force by the Venezuelan government.

    Tocorón has long been home to the Tren de Aragua and Niño Guerrero, who ran the prison like his personal fiefdom with the blessing of the prison ministry (Ministerio de Poder Popular para el Servicio Penitenciario). Niño Guerrero, imprisoned for murder, was the “pran” of Tocorón prison, essentially the criminal warden in a system set up by the first Prison Minister Iris Varela, now Vice President of the National Assembly. The pran system saw inmates take control of several prisons across the country in exchange for maintaining order, reducing homicides, and ending jail uprisings.

    This operation might signal the end of the pran system, something suggested in the official communique of the operation, which stated that the operation was to “restore and dignify the penitentiary system.”

    The question now is whether this operation will disrupt the leadership and running of the Tren de Aragua, a transnational criminal structure with thousands of affiliates with a presence not only across Venezuela, but in Colombia, Peru, and Chile. The Tren de Aragua has projected power abroad, riding off the backs of the more than seven million Venezuelans who have fled the economic collapse and authoritarian regime presided over by President Nicolás Maduro.

    What has prompted Maduro to act after years of tolerating the criminal fiefdom of Tocorón? The Venezuelan president has long tolerated criminal structures operating in the country, both Venezuelan and Colombian, because he needed access to criminal rents to maintain the loyalty of key generals and political figures, as the state teetered on the brink of bankruptcy.

    However, since 2020, the Venezuelan security forces have moved against several defiant criminal groups, like the megabanda of Carlos Luis Revete, alias “El Koki,” and dissident elements of the rebel group the Revolutionary Armed Forces of Colombia (Fuerzas Armadas Revolucionarias de Colombia – FARC), which set up drug trafficking infrastructure in the Venezuelan department of Apure. The operation against the ex-FARC saw the deployment of significant military forces, which ended up humiliated by the Colombian rebels, who captured eight soldiers and forced a military withdrawal. This might explain the apparent overkill with the Tocorón operation: Maduro clearly did not want any further defeats or humiliations.

  • “Philadelphia Journalist Who Mocked Concern Over Violent Crime In Democrat Cities Shot Dead In Home.”

    A left-wing Philadelphia journalist who mocked concern over rising crime in Democrat-run cities was shot to death in his home.

    Josh Kruger was shot seven times after someone entered his home, shot him at the base of his stairs, and then fled. Kruger ran outside seeking help from his neighbors and collapsed, where police found them after responding to call just before 1:30 a.m. on the 2300 block of Watkins Street.

    Kruger, 39, was rushed to the Penn Presbyterian Medical Center, where he died just before 2:15 a.m.

    No arrests have been made, and there was no sign of forced entry into the home, according to Deputy Police Commissioner Frank Vanore.

    “Either the door was open, or the offender knew how to get the door open,” he said. “We just don’t know yet.”

    Detectives believe his death may have been the result of a domestic dispute or may have been drug-related, according to three law enforcement sources with knowledge of the case. The sources, who spoke on the condition of anonymity to discuss an ongoing investigation, said police investigators recovered troubling text messages between Kruger and a former partner. Investigators also recovered methamphetamine inside Kruger’s bedroom, the sources said. -Inquirer

    Snip.

    Kruger frequently mocked conservatives on X, ironically calling Dilbert creator Scott Adams “Nostradamus” on Saturday for predicting that people would be dead “within the year” of Biden’s election.

    Kruger also mocked conservatives concerned over the city’s shootings, which he said were “dropping to levels not seen in years.”

  • Speaking of social justice supporters being shot: “Social justice activist fatally stabbed in front of girlfriend in Brooklyn. The search is on for the man who fatally stabbed Ryan Carson, who dedicated his life to fighting for social justice.” And that’s how social justice says “thank you.” (Hat tip: The Other McCain.)
  • Shellyne Rodriguez, the crazy social justice warrior Manhattan College professor who threatened a reporter with a machete is getting off with no jail time, because of course she is. (Previously.) (Hat tip: Stephen Green at Instapundit.)
  • Texas Democratic Rep. Henry Cuellar was carjacked at gunpoint in Washington D.C. on Monday night.
  • Paxton Endorses Primary Opponents of Incumbent Republicans Who Backed Impeachment. Paxton endorsed David Covey in his race against Speaker Dade Phelan and Wes Virdell in his race against Rep. Andrew Murr.”
  • Ruble hits penny parity again.
  • Starbucks is closing seven San Francisco stores. Gee, I wonder why. (Hat tip: Ace of Spades HQ)
  • Turkish drone gets too close to U.S. troops in Syria. Turkish drone goes boom.
  • Dwight has a pretty nice post on the fallen at the Battle of Mogadishu, AKA Black Hawk Down.
  • It’s a ski jump competition, except for different types of tires. Oh, Japan, don’t ever change.
  • “Senator Feinstein Death Not Expected To Affect Re-election Campaign.”
  • Yo, dawg, we heard you like dogs, so we put your dog on your dog so your dog’s dog can dog while you dog, dawg.
  • The cutest rooster:

    (Hat tip: Ace of Spades HQ.)

  • Here’s the tip jar, if you’re so inclined: