Prediction: NYSRP et al v. Corlett

The US Supreme Court granted cert in NEW YORK STATE RIFLE & PISTOL ASSOCIATION , INC., ROBERT N ASH, BRANDON KOCH v. KEITH M. CORLETT. Some see this as a good thing; SCOTUS finally taking a 2A case. I’m not so optimistic.

Petitioners objected to New York State’s requirement that would-be concealed carry applicants, in addition to training and passing background checks, prove they have a good enough reason to carry a firearm. Mere self-defense for the unwashed masses is not sufficient. It’s called “may issue licensing,” as opposed to “shall issue.”

Firearms Policy Coalition and Firearms Policy Foundation filed an excellent amicus brief, showing any number of important questions that closely relate to the whole issue. Finally addressing them would, in theory, sort out a lot of inconsistencies between Circuits. Sadly, SCOTUS is refusing to answer them yet again.

Petition GRANTED limited to the following question: Whether the State’s denial of petitioners’ applications for concealed-carry licenses for self-defense violated the Second Amendment.

That’s nice, but that isn’t the question that petitioners asked:

Whether the Second Amendment allows the government to prohibit ordinary law-abiding citizens from carrying handguns outside the home for self-defense.

By changing it from a question about law-abiding citizens carrying in public, to denial of licenses Period — no mention of “law-abiding” people carrying — the InJustices can now say, Gee, states have to be able to deny some licenses, otherwise prohibited persons could apply and get licenses. No one wants that to happen.

They’ve dodged the entire issue of denial of rights based on an arbitrary you didn’t show good enough need to carry a gun. The point of contention was shall versus may issue, and if the Second Amendment applies outside the home. Now it’s is licensing constitutional?

Prediction: 5/4 denial of licenses does not not violate the Second Amendment; Roberts with the majority. “May issue” remains because the Court refused to look at that.

Although it could go 6/3. Gorsuch is such an insufferable hair-splitter that he may go along with the majority, too. On the other hand, he might object to the reframed question itself. Hard to say.

Either way, this looks like yet another SCOTUS cop-out, and another 2A loss.

Added:

“If they can get you asking the wrong questions, they don’t have to worry about answers.”
Thomas Pynchon, Gravity’s Rainbow

(Hat tp to David Codrea)

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Analysis Of “Definition of “Frame or Receiver” and Identification of Firearms”

A draft Notice of Proposed Rule-Making covering “unfinished frames/receivers are guns” has leaked. It turns out to be far more than just “ghost guns.” Included is the very definition of firearm, firearm parts (if it sorta looks like ot could made into a part, it is the part), frames, receivers, silencers, gunsmith, and more.

You can find an analysis of the draft NPRM, in the form of a formal comment to be submitted when the final is published here; Analysis: “Definition of “Frame or Receiver” and Identification of Firearms”.

Yes, these remarks will be included.

Is there anyone in the ATF with two functional brain cells?

I suspect the use of recreational pharmaceuticals.

The question of recreational pharmaceuticals comes to mind again. Or perhaps medication is NEEDED.

To summarize, I oppose this irrational, and sometimes self-conflicting rule.

Believe me, those cracks were called for.

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[Update] Indianapolis Prosecutor Still Lying

See update below.


Regarding the Indy FedEx shooting, I previously noted that Marion County prosecutor Ryan Mears was lying about Indiana’s “red flag” law allowing an individual to still lawfully buy guns. He still lying. Or I could generously call it “mischaracterization.”

“Absolutely there needs to be some intervention and absolutely the firearm needs to be taken away. … But the risk is if we move forward with that (red flag) process and lose, we have to give that firearm back to that person,” Mears said. “That’s not something we were willing to do.”

Bull. Under IC 35-47-14-3 Warrantless seizure of firearm from individual believed to be dangerous the police are required to file an affidavit with the court, triggering the hearing.

Sec. 3. (a) If a law enforcement officer seizes a firearm from an individual whom the law enforcement officer believes to be dangerous without obtaining a warrant, the law enforcement officer shall submit to the circuit or superior court having jurisdiction over the individual believed to be dangerous an affidavit describing the basis for the law enforcement officer’s belief that the individual is dangerous.

They didn’t want to do the paperwork. And while it appears chumbucket really shouldn’t have guns, consider other people, who aren’t so dangerous. Indiana law allows warrantless seizures, but requires a hearing post-seizure, in a semi-nod to almost due process. IMPD is skipping that part in violation of the law. And the County Prosecutor’s office knows it and is letting them get away with it.

IMPD broke state law, thus allowing the shooter to obtain more guns. They enabled these murders.

How many other people have been denied due process and property by these people? I asked the Marion County Prosecutor’s Office

It appears from Mears’ statement that he is aware that IMPD is choosing
to ignore state law that says they “shall” file an affidavit, triggering
a hearing.

1. Can Mears explain why he seems to be allowing IMPD to break the law?

2. Is Mears aware of any other instances of IC 35-47-14-3 being ignored
to deprive individuals of due process and property?

As yet, I have received no response. I will update this column I get answers.

Update, 4/20/2021: Still no response from the prosecutor’s office, but now Mears is changing the story from we didn’t want to risk chumbucket winning and getting his shotgun back to we didn’t have enough time.

Prosecutors lacked sufficient time and evidence to obtain an order under Indiana’s “red flag” law that would have prevented the gunman who killed eight people in a FedEx facility from purchasing firearms, a top prosecutor said Monday.
[…]
Ryan Mears, the top prosecutor for Marion County, said the occurrence wasn’t enough to pursue a warrant from a judge to prevent Hole from purchasing more weapons and said the law’s 14-day hold isn’t enough time to investigate potential risks.

It is not a 14-day hold. Per the law: 1) officer takes gun, 2) office fills out and affidavit explaining why he thinks the person is dangerous and sends it to court, 3) judge schedules a hearing to take place in no more than 14 days.

Given the number of family friends, and acquaintances who have come forward to say how mentally disturbedd the shooter was, I would think establishing that to the judge’s satisfaction would have been very easy.

I have contacted the MCPO once again.

1. Why did the officer not file the affidavit?

2. In how many other cases is IMPD not following IC 35-47-14-3?

3. What action will the Marion County Prosecutor’s Office take in this matter?

Further updates if MCPO ever responds.

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Priorities: Lying

Reporting on the Indianapolis FedEx shooter raises some questions about just what law enforcement andf the FBI see as most important when dealing with dangerous people.

“In March 2020, the suspect’s mother contacted law enforcement to report he might try to commit ‘suicide by cop.’ The suspect was placed on an immediate detention mental health temporary hold by the Indianapolis Metropolitan Police Department. A shotgun was seized at his residence. Based on items observed in the suspect’s bedroom at that time, he was interviewed by the FBI in April 2020. No Racially Motivated Violent Extremism (RMVE) ideology was identified during the course of the assessment and no criminal violation was found. The shotgun was not returned to the suspect.”
[…]
Hole was transported to a local hospital. No online court records appear to correspond with the incident.

It sounds like Some Asshole was “Baker Acted.” No adjudication of mental defect, no “red flag.” Nothing to make him a prohibited person. But he was dangerous enough that the police took his shotgun. And left him on the loose to obtain another weapon.

This bucket o’ chum was the poster boy for “red flag” laws. Yet, no one flagged him. But the FBI…

I’m still curious about why his mother, according to some reports, reported him to the FBI as well as local police. But I’m even more concerned that the FBI’s main concern was determining whether he was a “Racially Motivated Violent Extremist” — FBI code for “white supremacist.” Well, guys; he might be dangerous enough to disarm, but he isn’t a white supremacist so it’s all good.

If I were the cynical sort, I’d be wondering if they left in place to provide another example of my we need more gun control victim disarmament. Oh. Wait. I am cynical.

Other reporting on the incident is troubling.

Hole was in possession of two assault rifles, which he purchased legally in July and September of 2020, according to the Bureau of Alcohol, Tobacco and Firearms. Police said Hole was witnessed using both rifles during the assault.

I’m seeing that pretty consistently: Lawfully purchased assault rifles. That’s basically impossible. The lag time for tax stamps for an NFA assault rifle is an average of seven and a half months. Chum was 19 in April 2021; he probably would have been 18 when he bought the assault rifles four and six months after his shotgun was confiscated. If he had started the process before the confiscation, he might have been 17 years old, which wouldn’t be lawful.

I think it’s safe to assume the authorities are lying about NFA assault rifles. In fact, and oddly, no one is identifying the weapons at all. AR-pattern? AK-pattern? An SKS? Any semi-auto? It looks like misdirection in support of a semi-auto ban. But I’m a cynic.

Moving on, we can also see the authorities covering their butts over the apparent lack of “red flag” action against the scum bucket.

The Marion County prosecutor’s office did not immediately respond to questions about whether authorities sought to use the red-flag law against Hole.

Under Indiana’s red-flag measure, authorities have two weeks after seizing a gun to go before a judge. But a red-flag case can stretch months as the person who lost the firearm makes their own case, Marion County Prosecutor Ryan Mears told a local news station last February. During that time, the person can buy another gun — a “loophole” that Mears urged lawmakers to fix.

Previous reporting said there are no court records in connection with the confiscation or Baker Acting of the guy. That means the police never sent it to the courts. Mears is lying about the “red flag” process, as well. If deemed necessary, the police are supposed to immediately file with the courts, which are required to address it immediately. A hear must be held within two weeks. If the judge finds the person to be a danger, he must:

(c) If the court determines that the state has proved by clear and convincing evidence that the individual is dangerous, the court shall issue a written order:

(1) finding the individual is dangerous (as defined in section 1 of this chapter);

(2) ordering the law enforcement agency having custody of the seized firearm to retain the firearm;

(3) ordering the individual’s license to carry a handgun, if applicable, suspended; and

(4) enjoining the individual from:

(A) renting;

(B) receiving transfer of;

(C) owning; or

(D) possessing;

a firearm; and

determine whether the individual should be referred to further proceedings to consider whether the individual should be involuntarily detained or committed under IC 12-26-6-2(a)(2)(B).

Any firearm; not just the seized weapon as Mears falsely claimed.

Even if the defendant somehow drew the process out for “months” as Mears claims, courts routinely issue preliminary injunctions barring the person from possessing firearms pending final determination. Whether preliminary or final, that should have filed with NICS making the subject a prohibited person.

But none of that even matters, If the police didn’t do their jobs in the first place. It’s just CYA, misdirection.

And then there’s the irony of a people required to bear a defensive weapon at all times, the kirpan, calling for victim disarmament.

Kiran Deol, who attended the vigil in support of family members affected by the shooting, said loopholes in the law that make it easier for individuals to buy guns “need to be closed now,” and emphasized that anyone who tries to buy a firearm should be required to have their background checked.

Within 48 hours — over a weekend — the ATF was able to trace the shooter’s firearms and determine they were lawfully purchased. The only way that could happen is if the purchases were through an FFL, which means he underwent a background check. Two, in fact. Two separate private, check-less, sales couldn’t have been traced that quickly.

Everyone’s priority in this is lying to cover their mistakes and push a victim disarmament agenda.

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Gun Control Didn’t Work. We Need More Gun Control.

The Indianapolis Fedex shooter has been identified. As always, I’ll deny the asshole the notority he probably wanted.

Reporting is the usual mess, with chumbucket’s weapon being described as an AR, a submachine gun, an automatic rifle, and even two rifles. But one as-yet unconfirmed revelation will surpise exactly zero regular TZP readers: chumboy had been reported to the police by his family.

The gunman, who after murdering 8 people committed suicide, was flagged by a family member to law enforcement before the attack took place.
[…]
Authorities were warned about FedEx suspect’s potential for violence in the past, wrote one CNN journalist on Twitter.

“the suspect in the Indianapolis mass shooting was known to federal and local authorities prior to the attack.”

Known to fed and local authorities? Where have we heard that before.

I find the use of the word “flagged” interesting. Indiana does have a “red flag” law.

Naturally, since the feds, local LE, and “red flag” law didn’t work, we need even more.

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Legislative News From The Swamp

Rep. Jamie Raskin [Dumbass-MD8] has filed two new firearm bills.

H.R.2427 – To amend the Internal Revenue Code of 1986 to increase the transfer tax on certain firearms, and for other purposes does two things. First, it would immediately raise the NFA stamp tax price to $300, from the current $200. Thereafter, it increases annually by the cost-of-living adjustment. That’s bad enough, but the second thing it does is worse.

It channels the tax stamp revenue to the DOJ and ATF so they can fund “gun violence prevention initiatives.” That sounds like grants to Demanding Mommies and whatevername Brady is using this month (honestly, I can’t keep up).

I’d give this one a fifty-fifty chance of passage. Law ‘n order Republicans might just roll over on tax stamps.

Compared to that, H.R.2426 – To prohibit the transfer of a firearm to a person whose State license to purchase, own, or possess a firearm has been revoked, or a person who has been ordered by a State court to surrender all firearms is almost funny. The title says it all. Clearly Raskin, in his idiocy, has mistaken Maryland for the rest of the country.

There are twelve states, and the District of Calamity, that require any sort of license to purchase or possess a firearm. And, generally speaking, the things that get a license revoked are usually things that make one a prohibited person anyway. Ditto with court orders to not possess guns. HR 2426 is basically a redundant waste of taxpayer-funded time and money.

This bill I give a 70% chance of passage. Again, the law ‘n order Republicans will tend to like preventing criminals getting guns, and some will support as a dickering tool, since they’ll largely see it as redundant.

Then again, I suppose I might have underestimated Raskin’s intelligence. He could have filed it as an expendable bill that the Dims can sacrifice in a pretend-compromise.

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Once is happenstance

When I was young, Polish jokes were the rage. Every country has their own style of jokes along the same lines, in Ireland around the same time I believe it was Kerry man jokes, about County Kerry. And then there is Chelm. Top 10 Jokes about Chelm https://www.aish.com/j/fs/Top-10-Jokes-about-Chelm.html

But of late it’s been some of those from Poland that have been some lions at the forefront of the coming battle. And I do believe we are headed for one. The signs aren’t hard to see that danger looms. Holocaust Remembrance Day this year suddenly became “Climate Day”, with no mention of the oddity by the lame stream media. Odd Kamala’s Jewish husband didn’t mention it. Seems a bit tone deaf.

In another display of “I forgot to remember” for the Biden Regime Yom HaShoah this year ended on Thursday, April 8th at sun down. “Day of Holocaust and Heroism Remembrance“. As in the Warsaw ghetto uprising. As in that’s the day Beijing Biden’s handlers decide to trot him out to tell us “No right is absolute”. And since in communism that includes the right to life, regardless of the age of the human, I suppose that’s another one of those things he tells us without really meaning to.

And if Jews had any doubts as to the Communist/Democrats sentiments towards them, I should think that Biden and his gun control lies that spewed forth today put paid to that. https://townhall.com/columnists/johnrlottjr/2021/04/08/bidens-many-false-claims-on-gun-violence-n2587609
The beauty of being a communist is the media is your propaganda arm so you just have to be close “enough for government work”, as my Dad used to say, in your statements, actions and such. But once in a while the D/Cs (Democrat/Communists) tell such a whopper even “Circle-Back Psaki” has to circle back so fast you kind of wonder if she ever tips over.

So we have Yom HaShoah Ve-Hagevurah, and Biden’s handlers are starting to gear up by appointing this bit of floatsom as head of the ATF, or as Beijing Biden called it, the AFT. I believe Tucker Carlson lays out what Beijing’s handlers have chosen.

Sometimes I wonder if people really believed their Unions when they were told to vote for Biden as him really wanting to confiscate guns was just a right wing talking point.

The thing about some of these people from Poland is they know what living under a tyrannical government is like. They’ve seen this movie.

We have Halina Friedman, who was in the Warsaw ghetto.

Poland’s business owners have had enough of the lockdown as well. Poland’s Businesses Are Rejecting Their Lockdown.

In America we have Marlena Pavlos-Hackney, a Polish immigrant who owns a bistro and has run afoul of “Jackboots” Whitmer and Dana Nessel who both have their panties in a twist because someone they view as a peasant who dares to try to save her business and support herself defied them! THEM! How DARE she!

And perhaps saving the best for last, a Polish priest who ran the gestapo out of his church.

And the little Aryan blonde just keeps talking, she can’t conceive that someone that is suppose to be afraid of her is standing up to her tyrannical little lecture. And she just keeps blathering on and on. But she was dressed very fitting. Did you notice she was wearing a modern day version of the jackboots? Oh yes she was!

These Poles that have come out of communism know it when they see it, and it is no laughing matter. They are refusing to be cowed down. That mindset is key. We just had Pesach, Passover and in my Haggadah the are some things other than the Sedar service. One of them is a little section on how the Jews became slaves in the first place. Through a trick. The Jews had become very numerous, and the Egyptian Communists feared them. Ooops, just Egyptians. They came up with a building project that all good Egyptians would want to participate in, it was their patriotic duty to take the experimental injection sorry wrong column, help with the building project. In the beginning everyone showed up and worked, but shortly it was only Jews who showed up and they were no longer paid for their labor. Then they were greeted by armed taskmasters, and there was no longer any choice of being patriotic or not. You worked or else. And with the handy covid contract tracing they knew, oh sorry, again. Anyway, they knew where to find those who didn’t show up. But one thing I heard on a radio show, was talking about the slave mentality and that is a mindset we can not allow ourselves to sink into.

But for all the Democrat Communists declarations that the Conservatives are anti-Semitic, that is just one more of their lies. There are anti-Semites in any party, I’m sure. However the Biden regime has been sending some pretty clear signals with the changes to “climate day” and announcing his gun control scam on a day arguably made possible by German “common sense gun control”. That’s twice.

‘Once is happenstance. Twice is coincidence. Three times is enemy action’ ~~ Ian Fleming

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Commenting On Biden’s Proposed Rules

As I told you earlier, the Biden Harris administration is planning more Second Amendment infringements. We now know more about the time frames.

  • The Justice Department, within 30 days, will issue a proposed rule to help stop the proliferation of “ghost guns.”
  • The Justice Department, within 60 days, will issue a proposed rule to make clear when a device marketed as a stabilizing brace effectively turns a pistol into a short-barreled rifle subject to the requirements of the National Firearms Act.
  • The Justice Department, within 60 days, will publish model “red flag” legislation for states: Red flag laws allow family members or law enforcement to petition for a court order temporarily barring people in crisis from accessing firearms if they present a danger to themselves or others.

The first two will require Administrative Procedures Act rule-making with public commenting. The Zelman Partisans will provide links for comments when they are published. But why wait until then to prepare? Start working on comments now. I have some draft comments you may wish to work with.

Pistol Brace = Short Barrel Rifle
I expect them to dust off the same one they floated last year, so this may work:

The ATF has not presented any “objective factors” to determine whether a pistol-braced firearm is a pistol or short-barreled rifle.

No single factor or combination of factors is necessarily dispositive, and FATD examines each weapon holistically on a case-by-case basis.”

That is no more than fancy language for Supreme Court Justice Potter Stewart’s infamous, “I know it when I see it.”

That statement would appear to leave us precisely where we are now: at the mercy of a proven arbitrary and capricious federal agency bound to infringe upon the Second Amendment. But it is really worse than that. By including “length of pull” in the “factors,” the ATF starts with the assumption that a braced firearm is a short-barreled rifle until and unless it is proven otherwise.

An objective definition of pistol brace would be: A device designed to aid a user in holding a large pistol with one hand, which extends no further than the user’s forearm when gripping the firearm normally, and which conforms to the user’s forearm.

“Ghost Gun” Unfinished Frames/Receivers
Rumors of this circulated last month, so I’ll draw upon my remarks then for potential commenting:

I object to the classification of unfinished parts as firearms.

Per 18 U.S. Code § 921(a)(3)
The term “firearm” means (A) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; (B) the frame or receiver of any such weapon; (C) any firearm muffler or firearm silencer; or (D) any destructive device. Such term does not include an antique firearm.

Per 27 CFR § 478.1
Firearm frame or receiver. That part of a firearm which provides housing for the hammer, bolt or breechblock, and firing mechanism, and which is usually threaded at its forward portion to receive the barrel.

Taking the AR-pattern lower “receiver” as an example: , that does provide housing for the trigger group and hammer. But note the lack of the rest of the firing mechanism, the firing pin. That goes in the upper, which is not considered a firearm. No does the lower house the bolt/breechblock. It doesn’t even have an attach point for the barrel. One characteristic out of four magically makes it a “firearm.” Federal courts have taken note of this, and dismissed firearm possession charges against those who had unassembled lowers.

An UNFINISHED frame or receiver doesn’t provide housing for any component, nor does it have a barrel attach point. That is WHY it is unfinished.

If you administratively enact this proposed rule, you will open up the can of worms that is most semiautomatic pistol frames: no bolt or breechblock, no barrel attach point, no firing pin or striker. Under current law, most unassembled semiautomatic pistols are not “firearms,” and we will take the point to court as part of demonstrating why your proposed rule on unfinished parts fails to meet legal definitions.

Model Red Flag Law
This amounts to a “white paper,”s o doesn’t get a rule-making process. But sending the Attorney General some remarks… well, won’t really do any good, but it can’t hurt.

The state of Florida enacted a “red flag” law on March 9, 2018 in response to the Parkland school shooting. It has proven ineffective.

For two years prior to enactment, Florida’s homicide rate was in decline. Its suicide rate was flat.

In the first year after passage, both homicide and suicide rates increased; dramatically so in the case of suicides. Two years after passage both rates are still above pre-“red flag” rates.

If correlation were causation, we would be forced to consider “red flag” laws as equally dangerous to rights AND lives.

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Hammer Drop

The expected Biden victim disarmament hammer dropped. Initially, six items are planned.

The Justice Department, within 30 days, will issue a proposed rule to help stop the proliferation of “ghost guns.”

It will be interesting to see how they intend to do this. Redefine unfinished frames/receivers as “firearms”? They already have a problem with finished lowers. Not to mention semi-auto pistol frames.

The Justice Department, within 60 days, will issue a proposed rule to make clear when a device marketed as a stabilizing brace effectively turns a pistol into a short-barreled rifle subject to the requirements of the National Firearms Act.

I make odds of three-to-one that the proposed rule will be virtually identical to the last attempt, with all the flaws intact. Basically, It’s a short-barreled rifle if we say so.

The Justice Department, within 60 days, will publish model “red flag” legislation for states.

I wonder if they’ve found some ways to prevent the “Florida Effect,” where homicides and suicides both went up after passage of a “red flag” law.

The Administration is investing in evidence-based community violence interventions.

Even the “details” of this are so vague that it’s hard to say exactly what they mean. Other than it looks like pork for Dimocrat social justice weasels. I have a better idea; a simple three step plan.

The Justice Department will issue an annual report on firearms trafficking.

-sigh- They already do.

The President will nominate David Chipman to serve as Director of the Bureau of Alcohol, Tobacco, and Firearms.

That would be the David Chipman who thinks the Branch Davidians shot down two helicopters at Waco.

Frankly, all of this is old, recycled fails. I’m a little surprised at the lack of imagination in Gropin’ Joe’s puppeteers. Just off the top of my head, I came up with four things they could do, without any new legislation, that would disrupt all commercial sales. Three would require publication in the Federal Register, and one wouldn’t need even that. For obvious reasons — I know that congresscritters read my columns — I’m not publicizing them. But if Mo Brookss staffer want to talk about how to prevent them, they know how to reach me.

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