Ken Paxton Is Suing Biden Administration Over Ban On Private Firearms Sales

Another day, and another act of breaking the law by the Biden administration.

Texas Attorney General Ken Paxton is leading a multistate coalition including Louisiana, Missouri, and Utah to sue the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”) of the U.S. Department of Justice for unlawfully attempting to abridge Americans’ constitutional right to privately buy and sell firearms.

The ATF’s regulatory restrictions go beyond the authority granted to the agency by Congress. The new Final Rule is arbitrary and capricious and is a flagrant violation of the Second Amendment. Attorney General Paxton is seeking immediate injunctive relief to stop the ATF from enforcing its unlawful edict while the issue is considered fully by the courts.

In the past, Congress deliberately recognized the legality of private sales of firearms by non-dealers, going so far as to narrow the statutory definition of “dealer” to prevent the ATF from unlawfully suppressing the private transfer of firearms. Nevertheless, on April 19, 2024, the ATF published a new regulation that would subject hundreds of thousands of law-abiding gun owners to presumptions of criminal guilt for engaging in the constitutionally protected private sale of firearms.

“Yet again, Joe Biden is weaponizing the federal bureaucracy to rip up the Constitution and destroy our citizens’ Second Amendment rights,” said Attorney General Paxton. “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.”

Gun Owners of America (“GOA”), Virginia Citizens Defense League, and Tennessee Firearms Association joined as co-plaintiffs. GOA Vice President Erich Pratt said: “Criminalizing untold numbers of Americans for simply selling a firearm in a private party transaction is wrong, unconstitutional, and must be halted by the courts. Anything less would further encourage this tyrannical administration to continue weaponizing vague statutes into policies that are meant to further harass and intimidate gun owners and dealers at every turn.”

Utah Attorney General Sean Reyes said: “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.”

Mississippi Attorney General Lynn Fitch said: “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.”

Witness: Woman fires shots at suspects who broke into Jackson home

JACKSON, Miss. (WJTV) – One suspect has been arrested and two are wanted for breaking into a woman’s home in Jackson.

The incident happened on Daniel Circle on Wednesday, May 1.

A woman said three young men, who were wearing hoodies, rang her doorbell and asked if she wanted her yard cut. She declined, and the men went to her daughter’s home in the neighborhood.

Teen charged in death of 14-year-old in Jackson appears in court
The woman said her daughter was not home at the time of the incident and that the suspects broke into the home.

According to the woman, her daughter returned home, and the suspects fired shots at her. The daughter fired shots at the suspects. She was not injured.

Jackson police said the three suspects fled the scene, and one of them was later captured.

Boiling Oceans! Rising Sea Level! Climate Refugees! AAUUGGHH!!

13 years ago, Al Gore buys $9 million ocean view villa in California…….

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SCOTUS Distributes Five Gun, Magazine Ban Cases for May 16 Conference

The U.S. Supreme Court on Tuesday distributed five potentially seismic gun rights cases involving challenges to gun and magazine bans in two different federal court circuits—the Fourth and Seventh—for conference May 16, and if these cases are granted certiorari, the outcome would impact pending cases in Washington, Oregon, California and bans in at least four or five other states where bans are in effect.

Bans are also in effect in Connecticut, Massachusetts, Delaware, New York, New Jersey, Hawaii and the District of Columbia.

If the high court ultimately takes these cases and delivers a Second Amendment victory, protecting so-called “semiautomatic assault weapons” and their original capacity magazines holding more than ten cartridges, it would be a crushing defeat for the gun prohibition movement and anti-gun Democrats across the map.

Two of the cases involve the Second Amendment Foundation. They are known as Harrel v. Raoul (Illinois) and Bianchi v. Frosh (Maryland). Also distributed were cases known as Gun Owners of America v. Raoul, Caleb Barnett v. Raoul and Javier Herrera v. Raoul, all three which come from Illinois. There has been some speculation about these cases possibly being consolidated if certiorari is granted.

“Today, the Supreme Court’s docket reflected that both of our cases challenging Illinois’ and Maryland’s ban on so-called ‘assault weapons’ were distributed for conference,” said SAF Executive Director Adam Kraut in a release to the media. “We are hopeful that the Court will discuss these cases during their next conference in mid-May and ultimately grant cert so that millions of Americans can enjoy the same Second Amendment rights their counterparts do throughout the country. It is time for the Supreme Court to confirm that these modern firearms are in fact protected by the Second Amendment.”

“We’re encouraged that these five cases, all essentially dealing with the same issue in two different federal court circuits, were distributed for Supreme Court conference at the same time,” SAF founder and Executive Vice President Alan M. Gottlieb acknowledged. “This could be the signal for which we have been waiting, that the Supreme Court may be ready to consider cases challenging bans on the most popular firearm in America today and their magazines. These firearms are owned by millions of peaceable citizens, and because they are in common use, they certainly qualify for Second Amendment protection.”

The ramifications of a high court review of semi-auto and magazine bans would be staggering. Gun rights advocates contend such bans are unconstitutional because they are directed at the very types of firearms which should be protected by the Second Amendment. Their magazines are necessary to make such firearms function.

Upon learning of the Court’s distribution of the cases, SAF extended recognition and thanks to the various groups involved in the two cases, including SAF’s sister organization, the Citizens Committee for the Right to Keep and Bear Arms, a national grassroots activist group, now in its 51st year. In addition, the Firearms Policy Coalition (FPC) and Field Traders LLC, are part of the Maryland case, while the Illinois State Rifle Association, C4 Gun Store, Marengo Guns and FPC are involved in the Illinois case. There are individual citizens involved in both cases as well.

According to Gottlieb, SAF has long been engaged in strategic litigation, working to get the right cases advanced through the court system, in an effort to fulfill its mission of winning firearms freedom one lawsuit at a time.

Fifth Circuit Upholds ‘Enhanced’ Gun Background Checks for Young Adults

Placing additional background check requirements and delays on 18-20-year-old gun buyers does not run afoul of the Second Amendment, a federal appeals court ruled Friday.

A three-judge panel for the Fifth Circuit Court of Appeals unanimously ruled against challengers who took issue with the “enhanced” background check provisions of the 2022 Bipartisan Safer Communities Act (BSCA). The panel found that the plaintiffs failed to show a likelihood of succeeding on the merits of their constitutional claims and declined to issue an injunction against the law.

“The [Second Amendment’s] plain text covers plaintiffs’ right ‘to keep and bear arms,’” Judge Jerry E. Smith wrote in McRorey v. Garland. “And on its face ‘keep and bear’ does not include purchase—let alone without background check. That is so in either the contemporary or the Founding-era context.”

The decision brings positive news for the Biden administration and the staying power of its signature legislative gun-control achievement. It will allow the National Instant Criminal Background Check System (NICS) to continue conducting less-than-instant background checks, which can take several days to complete, for adults under 21. It also suggests gun-rights advocates could have a difficult time challenging various background check and waiting period measures moving forward.

Signed into law in June 2022, the BSCA became the first new federal gun control law in decades. While it consisted of a mixture of new restrictions and funding programs, one of its most substantive provisions overhauled how young adults can legally purchase firearms from licensed dealers.

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REMINDER: It’s Victims of Communism Day.

Today is May Day. Since 2007, I have advocated using this date as an international Victims of Communism Day. I outlined the rationale for this proposal (which was not my original idea) in my very first post on the subject:

May Day began as a holiday for socialists and labor union activists, not just communists. But over time, the date was taken over by the Soviet Union and other communist regimes and used as a propaganda tool to prop up their [authority]. I suggest that we instead use it as a day to commemorate those regimes’ millions of victims.

The authoritative Black Book of Communism  estimates the total at 80 to 100 million dead, greater than that caused by all other twentieth century tyrannies combined. We appropriately have a Holocaust Memorial Day. It is equally appropriate to commemorate the victims of the twentieth century’s other great totalitarian tyranny. And May Day is the most fitting day to do so….

Our comparative neglect of communist crimes has serious costs. Victims of Communism Day can serve the dual purpose of appropriately commemorating the millions of victims, and diminishing the likelihood that such atrocities will recur. Just as Holocaust Memorial Day and other similar events promote awareness of the dangers of racism, anti-Semitism, and radical nationalism, so Victims of Communism Day can increase awareness of the dangers of left-wing forms of totalitarianism, and government domination of the economy and civil society.

While communism is most closely associated with Russia, where the first communist regime was established, it had equally  horrendous effects in other nations around the world. The highest death toll for a communist regime was not in Russia, but in China. Mao Zedong’s Great Leap Forward was likely the biggest episode of mass murder in the entire history of the world.

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May 1, 2024

The Roman poet Ovid wrote in his Book Of Days that the month of May is named for the maiores, Latin for “elders,” and that the following month, June is named for the iuniores, or “young people”

 

AG Merrick Garland Admits That It’s *Gang* Violence, Not ‘Gun Violence’

We’ve written about it repeatedly.  It’s gang violence that’s rampant across America, not so-called “gun violence.” The problem has become so bad that even full-time partisan political hack and part-time Attorney General Merrick Garland admitted as much at an ATF “summit” just days ago. Of course, the mainstream media ignored it. What’s more, his comment even escaped most of the alternative news outlets as well.

Garland abandoned his “Christian Nationalist” and “White Supremacist” bogeymen to admit that gangs members and repeat offenders are driving the gun violence problem in America. And for the slow-witted trolls in comments, this isn’t the MAGA gang either.

Here is an excerpt from the transcript provided by the US Department of Justice:

We are using our prosecutorial and technological tools to identify the repeat offenders and gangs who are principally responsible for community violence.

And here’s the video which begins at 28:00 when Garland admits what we’ve known for a long, long time: that repeat offenders and gang members (sorry for repeating ourselves in so many instances) are driving violent crime:

Yes, the mainstream media and left-leaning pols love to redirect low-information voters from violent criminals to the tools they misuse.

I love it when soft-on-crime politicians get very defensive and very animated when you talk about gang violence in their presence or correct them when they throw out the “gun violence” talking point.

“We don’t talk about gangs,” one Illinois State Representative from Chicago said to me as I sat in his office in my role as executive director of Guns Save Life. His body language screamed his discomfort at where the conversation was headed.

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ATF’s Poorly Trained ‘Operators’ are a Threat to Public Safety

ATF Agents qualify with handguns during the two-week course to become member of ATF’s Special Response Team. (Screenshot courtesy ATF.gov)

Selection, training and leadership are vital to any special operations team, regardless of their size or mission parameters. The more rigorous the selection process, the more comprehensive the training, the more professional the leadership, the better the unit will perform.

Delta Force’s Operators Training Course, for example, is six months long, and teaches advanced CQB, precision marksmanship, counterterrorism and a host of esoteric skills needed by Delta operators to meet their worldwide mission requirements. OTC is only open to candidates who survive Delta’s arduous Selection and Assessment phase.

DEVGRU’s Green Team selection and training course is also six months long, and only Navy SEALs who have completed BUDS and spent at last five years on an SDV or SEAL team can apply.

MARSOC Raider candidates must complete a nine-month course, known as the Marine Special Operations Individual Course, or ITC. MARSOC Officers must also attend a four-week Team Commanders Course after they graduate ITC.

Army Special Forces candidates can spend six months to two years training before they earn an SF tab and a Green Beret, and the pipeline for Air Force special operators can take 15 months to two years.

Special Agents who want to join the FBI’s Hostage Rescue Team must pass the New Operator Training School, which is 10 months long and extremely easy to fail.

United States Secret Service Counter Assault Team (CAT) members undergo a two-week selection course and then a seven-week basic training program. Secret Service snipers must pass a one-week selection process and then a 10-week sniper training course.

Candidates for Border Patrol’s Tactical Unit (BORTAC) undergo a three-week selection course and then a six-week training course before being assigned to a sector team. After a year, they can apply to join BORTAC’s elite national team.

By comparison, training for ATF’s Special Response Teams takes only two weeks, and ATF agents call themselves “operators” after they’ve completed the course.

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Yeah, this’ll be off the news by late tomorrow

Charlotte Shooter Identified as 39-Yr-Old Terry Clark Hughes, Jr. – 4 Law Enforcement Dead, 8 Shot – Two Females Arrested from House Including 17-yr-Old – Police Report Second Shooter

The Charlotte police released a statement last night.

Charlotte, N.C. – (Monday, April 29, 2024) – On Monday, April 29, 2024, an armed suspect opened fire on law enforcement officers in the 5000 block of Galway Drive in the North Tryon Division. Four Charlotte-Mecklenburg Police Department officers were shot, one of which succumbed to his injuries. Additionally, four officers from the U.S. Marshals Fugitive Task Force were shot, three of which succumbed to their injuries.

On Monday, April 29, 2024, around 1:30 p.m., the U.S. Marshals Fugitive Task Force, comprised of officers from multiple agencies, was conducting an investigation in the North Tryon Division at a home in the 5000 block of Galway Drive. The preliminary investigation indicates officers were attempting to serve active felony warrants on a male subject. As officers approached, the male subject discharged his firearm striking multiple officers. These officers requested immediate response from other officers. As officers responded, the gunfire continued, striking additional officers.

In total, eight officers were struck during the gunfire. The officers were rushed to area hospitals. Three task force officers were pronounced deceased at the hospital. One of the injured CMPD Officers, Joshua Eyer, a 6-year veteran, fought for his life for several hours before succumbing to his injuries.

The male suspect exited the residence on Galway Drive with a firearm. Law enforcement officers perceived an imminent deadly threat and fired their service weapons striking the suspect in the front yard of the residence.

The CMPD’s Special Weapons and Tactics Team (SWAT) began negotiations with other occupants in the house. Two females exited the residence and were transported to the Law Enforcement Center (LEC) in Uptown (601 E. Trade St.) to be interviewed by detectives.

Upon securing the scene, the suspect was pronounced deceased at the residence. The deceased suspect has been identified as Terry Clark Hughes, Jr, 39. Mr. Hughes was wanted for Possession of a Firearm by Felon and Felony Flee to Elude (2 counts) out of Lincoln County, North Carolina.

The Charlotte-Mecklenburg Police Department, The U.S. Marshals Office, North Carolina Department of Adult Correction, CMPD’s Crime Scene Investigations, CMPD’s Operations Command, Victim Services, N.C. State Highway Patrol, Mecklenburg County Sheriff’s Office, Bureau of Alcohol, Tobacco, Firearms and Explosives, U.S. Attorney’s Office, Mecklenburg County District Attorney’s Homicide Prosecution Team, MEDIC and the Charlotte Fire Department all responded to the scene.

The investigation is being conducted by CMPD’s Homicide Unit. This is an active and ongoing investigation. As is standard procedure with any officer involved shooting, the CMPD’s Internal Affairs Bureau will conduct a separate but parallel investigation.

As additional information develops, it will be released by the CMPD’s Public Affairs Office. For additional information in reference to this case, please refer to the report: 20240429-1333-00.

Today is Camerone Day, the anniversary of the Battle of Camerone.

On this day in 1863, 3 officers and 62 men of the French Foreign Legion exemplified stoic determination in the face of overwhelming odds.

The Legionnaires under Captain Jean Danjou, retreating in good order from Palo Verde as a diversion, made a stand in an hacienda in the Mexican town of Camarón de Tejeda and were surrounded by as many as 2000 Mexican troops.

When called on to surrender, by Colonel Francisco de Paula Milán, the Mexican commander, Captain Danjou replied, “We have munitions. We will not surrender.”

In the ensuing battle, nearly all of the Legionnaires, including Captain Danjou, were killed. When the last 5 unwounded men ran out of ammunition, under the command of Lieutenant Maudet, they loaded their last round, fixed bayonets, and charged the enemy.

Inevitably, they were surrounded and captured.  The last remaining NCO, Corporal Maine, insisted that the wounded be treated, the survivors be sent with their arms back to France, and that the body of Captain Danjou be escorted for a proper military burial. Colonel Milan reportedly said; “Que podré negar a cierto hombres? No, estos no son hombres, son demonios.” What can I refuse to such men? No, these are not men, they are devils.

The Foreign Legion celebrates this day as an annual holiday where, on parade, the wooden prosthetic hand of Captain Danjou is carried as a high honor.