CRPA Joins Amicus Brief in US v. Kittson

Today, California Rifle & Pistol Association, Second Amendment Foundation, and the Second Amendment Law Center took the somewhat unusual step of filing an amicus brief in a unique criminal case out of Oregon. US v. Kittson involves an individual charged with violating 18 U.S.C. § 922(o), which prohibits the possession or transfer of an unregistered fully-automatic firearm. The United States District Court for the District of Oregon upheld the ban despite Mr. Kittson’s Second Amendment arguments, and now he is appealing to the Ninth Circuit Court of Appeals. Read the full brief here.

The district court ruling caught our attention not so much because of the result (considering the confusion that courts have created on how to apply the Bruen test of constitutionality, it isn’t surprising that courts are not yet ready to overturn machine gun bans) but rather because of the district court’s refusal to properly apply Bruen’s methodology and historical tradition analysis. In the decision, which is just a few paragraphs, the same federal judge that upheld Oregon’s new magazine capacity law ruled that machine guns are not “arms” covered under the Second Amendment’s plain text, and that prior Ninth Circuit precedent is still good law even after Bruen. The judge skipped the history and tradition analysis entirely.

Our amicus brief focuses on why and how the district court failed to apply Bruen correctly. First, we point out that machine guns are undoubtedly “arms” under the Second Amendment, so the historical tradition analysis must be conducted. Next, we discuss the proper contours of that historical analysis. We contend that the Ninth Circuit should order the district court to analyze whether history supports classifying machine guns within the historical tradition of regulating “dangerous and unusual” weapons. If they are not, they may not be banned. Finally, we argue that the Ninth Circuit should also inform the district court that an arm merely being used by the military, without more, is not sufficient reason to ban it. Even if the machine gun ban is ultimately upheld, like any Second Amendment question it deserves the benefit of a full historical tradition analysis first.

District courts should not be allowed to get away with ignoring what the Supreme Court’s Bruen decision demands.  The analytical legal process matters, and these abuses will continue to be copied in other cases if they are not corrected.

While our main focus is on the civil Second Amendment cases that we litigate on behalf of all law-abiding gun owners, last week’s excellent decision in US v. Duarte reminds us that a lot of Second Amendment case law and legal precedent will be made in criminal matters, where overworked public defenders can benefit from our expertise. So CRPA our allies will continue to monitor criminal matters for amicus brief opportunities.

As we’ve harped on time and again, the way in which the Bruen standard is used (or ignored) in cases all over the country has the potential to advance our cause or to erode gains already made.  This is a critical fight!

Appeals Court overturns gun conviction, questions legality of CPD traffic stop-and-search strategy

CHICAGO (WLS) — There’s strong reaction Friday to an ABC7 I-Team investigation of a controversial Chicago police tactic: vehicle searches during traffic stops, especially in minority communities.

Critics have labeled CPD traffic stops as the “new stop-and-frisk,” while law enforcement experts say the stops are vital in the fight against violent crime citywide.

Now, the ABC7 I-Team has learned in one of the rare cases where a gun was found during a traffic stop search, a man convicted for the crime could walk free from behind bars after the state Appeals Court overturned the conviction, and questioned whether the basis of the stop was unlawful.

While the Cook County State’s Attorney’s office plans to appeal that decision, as the I-Team first reported this week, State’s Attorney Kim Foxx has proposed a new plan to not charge gun crimes if the firearms were found during traffic stops for expired license plates, busted turn signals and other minor infractions.

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7 cuts in 43 seconds of speaking and the longest they could get was 10 seconds. You have to wonder how many takes had to be made to get this campaign ad patched together

Man shot & killed in Vermillion had history of violence

VERMILLION, SD (KELO) — Authorities have released the name of the man killed in Tuesday night’s shooting in Vermillion.

Police say 38-year-old Chase Kinchen violated a protection order by forcing his way into a home armed with a handgun and threatening the two people inside. He was shot and killed by a guest in the home, in an apparent act of self-defense.

The months prior to the deadly shooting included an assault by Kinchen and threats of violence against the homeowner.

Police say Chase Kinchen fired his handgun at a guest inside the home Tuesday night. That guest then took out a handgun from a vehicle parked in the garage and returned fire, killing Kinchen.

Court papers show that Kinchen had a history of violence against the woman who lived in the home. She had taken out a protection order against him back in November after she said Kinchen grabbed her face, pulled her hair and threatened to strangle her. She said Kinchen also sent her threatening texts. Just four days later, Kinchen violated that protection order and received a 30-day suspended sentence.

In February, Kinchen pleaded guilty to domestic abuse and disorderly conduct for the original case and received a 10-day suspended sentence.

Then, just last week, on May 8th, the woman filed another protection order, claiming that Kinchen became angry because she hired someone to lay flooring in her house. She says Kinchen started throwing elbows at her and got into her running car with a child inside.

Just days later, Kinchen would be dead from a gunshot wound.

The investigation continues, but police say everyone involved in the incident is cooperating.

An autopsy has been conducted on Kinchen.

Federal Court Rules Maryland Parents Can’t Opt Kids Out Of Classes With LGBT Content.

The Fourth U.S. Circuit Court of Appeals has ruled 2-1 against Maryland parents who sued their local school board for not letting their children in grades K-5 opt out of reading books supporting transgender ideology and gender transitioning.

The Montgomery County Public Schools board denied the parents their request to be notified when the books would be read to their children and the opportunity to opt out.

“The Board is violating the parents’ inalienable and constitutionally protected right to control the religious upbringing of their children, especially on sensitive issues concerning family life and human sexuality,” The Becket Fund for Religious Liberty, litigated the lawsuit, stated, explaining:

In fall 2022, the Montgomery County Board of Education announced over 20 new “inclusivity” books for its pre-K through eighth grade classrooms. But rather than focusing on basic civility and kindness, these books champion pride parades, gender transitioning, and pronoun preferences for children.

For example, one book tasks three- and four-year-olds to search for images from a word list that includes “intersex flag,” “[drag] queen,” “underwear,” “leather,” and the name of a celebrated LGBTQ activist and sex worker. Another encourages fifth graders to discuss what it means to be “non-binary.” Other books advocate a child-knows-best approach to gender transitioning, telling students that a decision to transition doesn’t have to “make sense” and that doctors only “guess” when identifying a newborn’s sex anyway.

A district court ruled against the parents, prompting them to appeal to the 4th US Circuit Court of Appeals, which denied the parents’ request for a preliminary injunction but allowed the possibility of changing its position once the classes have already been taught, writing:

We take no view on whether the Parents will be able to present evidence sufficient to support any of their various theories once they have the opportunity to develop a record as to the circumstances surrounding the Board’s decision and how the challenged texts are actually being used in schools.

At this early stage, however, given the Parents’ broad claims, the very high burden required to obtain a preliminary injunction, and the scant record before us, we are constrained to affirm the district court’s order denying a preliminary injunction.

Judge Marvin Quattlebaum dissented, writing, “I disagree with the majority’s conclusion that the parents have not produced enough evidence to establish that their free exercised rights have been burdened. The parents have met their burden. They have produced the books that no one disputes will be used to instruct their K-5 children. They produced declarations explaining in detail why the books conflict with their religious beliefs. They have produced the board’s own internal documents that show how it suggests teachers respond to students and parents who question the contents of the books.”

We now know the likely truth about COVID, and how scientists lied.

COVID-19, which killed 1.1 million Americans and destroyed the lives and livelihoods of millions more, is a manmade virus that escaped from a Chinese lab partly funded by the US government.

Even today, you’re not supposed to say that — even though it’s the only plausible scenario.

No, “fact checkers” will rush in to claim that eminent scientists deny this. Which is because those scientists have too much invested — in money, in time, in their own beliefs — to admit the truth.

NIH Deputy Director Lawrence Tabak
NIH deputy director Lawrence Tabak admitted that US taxpayers funded gain-of-function research at the Wuhan Institute of Virology in China before the COVID-19 pandemic started.Jack Gruber / USA TODAY NETWORK

But as Congress continues to probe, that truth is coming out, little by little, and the lies are being exposed:

China tried to deflect blame immediately by saying the virus supposedly began in a “wet market” of animal meat in Wuhan.

Dr. Anthony Fauci repeatedly argued it “evolved in nature and then jumped species” in the spring of 2020.

Since then, both long investigations and government reports have concluded that the virus is manmade. Fauci grudgingly admitted it “could be” true.

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Louisiana: Governor Signs Bill Strengthening Firearm Preemption Law

Louisiana Gov. Jeff Landry has signed a measure that will strengthen the state’s firearm preemption law. Landry signed Senate Bill 194, sponsored by state Sen. Blake Miquez, on Wednesday.

“This bill strengthens 2A rights to ensure a consistent set of gun laws across Louisiana,” Sen. Miguez tweeted when the measure was approved by the Senate Judiciary Committee. “A patchwork of gun laws ultimately leads to law-abiding citizens becoming criminals for merely exercising their constitutional rights.”

Firearms preemption laws basically keep municipalities and parishes from passing more restrictive gun laws than those in state law. This measure will expand the types of behavior political subdivisions are generally prohibited from regulating, provide standing for both individuals and organizations to seek declaratory and injunctive relief when political subdivisions are in violation and require political subdivisions to repeal any offending ordinances or regulations within six months of the bill’s enactment.

“A person or an organization whose membership is adversely affected by any ordinance, order, regulation, policy, procedure, rule or any other form of executive or legislative action promulgated or caused to be enforced in  violation of this Section may file suit against an offending political subdivision in any court of this state having jurisdiction for declaratory and injunctive relief,” the measure states. “A court shall award a prevailing plaintiff in any such suit reasonable attorney fees and costs including expert witness fees and expenses.”

This measure would further restrict the authority of local governments to regulate firearms to include their “manufacture, …carrying, …storage, …[and] taxation;” and add “firearm accessories, knives, edged weapons, or any combination thereof” to the preemption statute.

The National Rifle Association had been lobbying for the passage of the bill since its introduction and was pleased that Gov. Landry signed the measure.

“The NRA would like to thank Governor Landry for signing this critical piece of legislation and his continued commitment to protecting Second Amendment rights in Louisiana,” NRA-ILA said in an update to members. “NRA also thanks Senator Blake Miguez for introducing the bill, and all members of the Louisiana legislature who supported SB 194 throughout this year’s legislative session.”

Two other measures have also been sent to the governor and await his consideration. Senate Bill 214 would create a uniform set of laws for carrying concealed firearms in dining establishments, ensuring lawful citizens have the right to defend themselves and their families in places that serve alcoholic beverages. Additionally, Senate Bill 152, makes some technical clarifications to some of the state’s carry statutes.

to reemphasize from earlier this year………..

Attack and Defense
Thoughts on a 10/7 style attack on America

So I just finished Kurt Schlichter’s new novel, The Attack.  It’s a fictionalized account of an October 7 style attack that takes place on a large scale in the United States.  It’s also a warning.

A person wearing a head scarf Description automatically generated

In essence, Iranian terror experts use America’s open southern border to slip in thousands of Islamist fanatics, sleeper cells who are primed to attack specified targets on command.  The terrorists don’t know their targets until the last minute, when they get guns, ammunition, and directions.  They also don’t know that they’re part of a massive effort.  This means that if they turn, or are caught, as a few do or are, they can’t give anything away.  They have minimal training, basically how to lay low, and to shoot guns and throw grenades.  They’re also equipped with web-linked cameras to stream their attacks, and the atrocities – rape, torture, etc. – that they perpetrate on their victims.  Also meth to pump them up for the attacks.

When the day comes, they attack public places, schools, the Atlanta Zoo, and so on.   The next day, with the overstretched police trying to protect public places and ordering people to shelter in their homes, they go after suburban neighborhoods, again placing torture, rape, and dismemberment videos online.  On the third day, the remaining terrorists attack infrastructure targets – substation transformers, oil refineries, etc.

The result is a six-figure civilian casualty list, massive economic disruption, and political turmoil.  The terrorists’ goal of cowing the United States into isolationism fails, however, in dramatic fashion.   The entire novel is written as an oral history from numerous viewpoints, including the terrorists and their leftist American sympathizers.

It’s a gripping story, and an unfortunately plausible cautionary tale.  How likely is it to happen?

Probably the biggest impediment to something like this happening in America is the aftermath of the 10/7 attacks on Israel.  Atrocities didn’t cow the Israelis, but angered them. Other nations, even many of those that the Palestinians of Hamas generally looked to for support, turned against them.  Hamas leaders are being targeted and killed, Hamas backers know they aren’t safe, and the Israelis simply continue to grind away, four months after the attacks happened.

And everyone knows that the consequences of an attack on the United States would likely be worse.

Or maybe not.  Our current president is senile and inept, our vice president is just inept – though neither Kamala nor Biden is named in the book, Schlichter’s version of Harris’s response to the attacks is picture perfect, an incomprehensible word salad that causes Americans to lose faith in her entirely.  The President and VP wind up being replaced by the unnamed Speaker of the House, who brings the hammer down.  (I was at a luncheon Friday with Speaker Mike Johnson and didn’t get to speak to him – we had to leave early – but I was going to tell him that his role in the line of succession is probably more important for the remainder of this year than it usually would be.  I did notice that there was a lot more security than I had seen at similar events in the past).

Okay, I said it was a cautionary tale, but once cautioned, what should we do?

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More Chinese Nationals Illegally Entered The U.S. In Two Days This Month Than In All Of 2021.

The implications are not just limited to espionage but extend to the potential for creating societal disruptions and furthering the CCP’s global influence campaign in America.

President Joe Biden has completely abandoned U.S. border security. Of the some 10 million people who have illegally entered America under Biden’s unwatchful reign, a particularly alarming threat has emerged: a massive increase in the number of Chinese nationals illegally crossing our borders.

This phenomenon not only underscores a significant breach in national security but also facilitates greater infiltration by the Chinese Communist Party (CCP) into the United States, posing substantial risks not sufficiently addressed by current federal policies.

Chinese illegal immigration has shown a dramatic increase, with reports indicating that in just the first two days of May 2024, more Chinese nationals entered the U.S. illegally than in all of 2021. This stark rise is facilitated by an alarming oversimplification in the vetting process instituted by the Department of Homeland Security (DHS), reducing the number of interview questions for Chinese nationals from approximately 40 to just five. Such measures dangerously prioritize “processing efficiency” over thorough national security checks, leaving gaping vulnerabilities that could be exploited by the CCP to insert espionage agents or exert undue influence within our borders.

This “processing efficiency” has been made necessary by Biden’s lax border policies, which have resulted in border agents being so overwhelmed with illegal crossings and fraudulent asylum requests that fundamental national security measures have been abandoned.

Unrestricted Warfare

Given the geopolitical tensions and the CCP’s documented strategy of using nontraditional means for warfare — as highlighted in its doctrine of “Unrestricted Warfare,” which advocates for the use of various tactics including economic pressure, cyber-attacks, and ideological infiltration — the lack of rigorous screening and the high volume of unchecked entries is deeply concerning. The implications are not just limited to espionage but extend to the potential for creating societal disruptions and furthering the CCP’s global influence campaign in America.

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May 17, 2024

1989 – Class 2-89 of Delta Company, 2nd Battalion, 10th Infantry Regiment U.S. Army, graduates Basic Combat Training at Fort Leonard Wood, Missouri

 

Yes, it would be nice, but this is the usual ‘grandstanding’ that even if it makes it through the house wouldn’t make it past a demoncrap filibuster, and even less a POTUS veto. And everyone knows it.

Republicans Introduce ‘RIFLE Act’ To Remove NFA $200 Tax

A group of 13 Republican U.S. Senators led by Tom Cotton of Arkansas has introduced legislation to remove the $200 tax imposed on firearms and suppressors regulated under the 1934 National Firearms Act (NFA).

In an official announcement, Cotton’s office listed the following facts:

  • The 1934 National Firearms Act (NFA) regulates short-barreled shotguns and rifles, fully automatic firearms, suppressors, and a catchall category of explosives. In addition to background checks and registration, NFA regulated items have a $200 tax.
  • The ATF has acknowledged the tax was intended “to curtail, if not prohibit, transactions” of firearms. The $200 tax, unchanged since 1934, is equivalent to $4,648 in today’s dollars.
  • Since 2018, ownership of NFA regulated items have grown by more than 250% as more sportsmen, shooters and firearm enthusiasts exercise their Second Amendment right.
  • The RIFLE Act does not modify the current checks and registration; it solely removes the federally mandated financial burden on law-abiding gun owners.
  • The legislation is endorsed by the National Rifle Association and the National Shooting Sports Foundation.

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Dem. Sponsor Of WA Gun Owner Insurance Mandate Runs For Insurance Commissioner

The Democrat Washington state Senator who earlier this year introduced legislation to require gun owners to obtain liability insurance is now running to become the next insurance commissioner.

State Sen. Patty Kuderer (D-Bellevue), who has consistently supported gun control measures as a lawmaker, said in a campaign announcement,

“As a State Senator, I have been a vocal advocate for issues such as gun safety, voting rights, and women’s health. I have also been a leading voice on healthcare issues in the State Senate, including sponsoring legislation to create a public option for healthcare in Washington. As your next Insurance Commissioner, I will work tirelessly to protect consumers and to hold insurance companies accountable for their actions. I will fight to expand access to affordable healthcare, to promote transparency and fairness in the insurance market, and to ensure that all Washingtonians have access to the coverage they need to stay healthy and secure.”

She goes on to claim she is “committed to working collaboratively with all stakeholders,” although gun owners may not be included in that definition.

But Kuderer will be facing a Senate foil, at least in the primary. State Sen. Phil Fortunato (R-Auburn), an ardent Second Amendment advocate, has also filed for the position. Neither Kuderer or Fortunato would lose their Senate seats this fall.

Kuderer’s measure, Senate Bill 5963, never made it out of committee. She had nine co-sponsors, all Democrats and all whose names are often linked to gun control legislation.

Kuderer is among four Democrats running for the insurance commissioner’s spot. The three others are identified as Chris D. Chung of Tacoma, Bill Boyd of Spokane and John Pestinger of Seattle.

Fortunato also has company from Republican Justin Murta of Snohomish. Two other candidates have filed without stating party preference, Jonathan Hendrix of Seattle and Tim Verzal of Eatonville.

But only one candidate—Kuderer—can be linked to the proposed liability insurance mandate.

Under her bill, any person who owns a firearm would have been compelled to obtain “in full force and effect,” an  insurance policy “covering losses or damages resulting from the accidental or unintentional discharge of the firearm, including but not limited to, death or injury to persons who are not an insured person under the policy and property damage.”

The law would also have required the gun owner to keep valid and current written evidence of the coverage readily available where each firearm was stored.

The law would also have required insurers to ask whether anyone named on the policy owned a firearm and whether it was securely stored.

When Kuderer introduced her bill in January, she was quoted by MyNorthwest.com stating, “This …requirement does not regulate, limit or control the manner or method in which people may keep or bear arms. Instead, it simply says you must have liability insurance.”

KTTH conservative commentator Jason Rantz countered at the time, “This is astonishing. The bill literally regulates and controls both the manner and method in which we may keep and bear arms.”

StunnedTater Cornyn shouldn’t have pushed this bill anyway.
The pushback mail he got must have been white hot caustic.

WASHINGTON, D.C. – Today, U.S. Senators Shelley Moore Capito (R-W.Va.), John Cornyn (R-Texas), and Thom Tillis (R-N.C.), along with 41 of their Senate Republican colleagues, introduced a joint resolution of disapproval under the Congressional Review Act to strike down the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) rule on the definition of “Engaged in the Business” as a Dealer in Firearms. The rule ignores the law and congressional intent and flagrantly violates the Constitution to try to require anyone who sells a firearm to register as a federal firearm licensee.

“Once again, the Biden administration is ignoring the law in their attempts to infringe on the Constitutional rights of law-abiding Americans and their ability to bear arms. This gun-grab flies in the face of congressional intent, unlawfully shifts the burden to individuals to demonstrate to the ATF that they are not firearms dealers, and prohibits lawful conduct protected by the Second Amendment. West Virginians have my word that I will fight this rule on their behalf and continue to be a fierce defender of their gun rights,” Senator Capito said.

The resolution is endorsed by the National Shooting Sports Foundation (NSSF), Gun Owners of America (GOA), and the National Rifle Association (NRA).

Alabama Governor Signs Privacy Bill for Gun and Ammo Sales
Supporters say the law will eliminate concerns that merchants will collude with the government to take your guns.

Without comment, Alabama Gov. Kay Ivey signed a new law this week prohibiting merchants from assigning a merchant code to gun and ammo sales. In a statement, Lawrence Keane, the senior vice president and general counsel for the National Shooting Sports Foundation, the trade group for the gun industry, said his organization helped lawmakers craft the Second Amendment Financial Privacy Act.

“Alabamians won’t need to worry that ‘woke’ Wall Street banks, credit card companies and payment processors will collude with government entities to spy on their private finances for exercising their rights,” Keane said.

In addition to eliminating merchant codes, which financial institutions use to track goods and services, the law also prohibits any list or registry of privately owned guns. “No American should fear being placed on a government watchlist simply for exercising their Constitutionally-protected rights to keep and bear arms,” Keane added.

According to the NSSF, Alabama joins 14 other states that have already enacted such laws and bills are making their way through statehouses in two other states. On the flip side, the group said California and Colorado are the only states requiring that financial institutions track gun and ammo sales.

In March, Sen. Elizabeth Warren, a Democrat from Massachusetts, was joined by 31 other lawmakers urging the Department of Treasury to provide guidance directing financial institutions to code gun and ammo sales, arguing that it would allow authorities to flag suspicious or fraudulent purchases. Before 2022, they said there were no merchant codes for gun and ammo sales despite coding for every other type of merchant.

The concept was reportedly proposed by financial columnist Andrew Ross Sorkin, who penned the book Too Big to Fail about the 2008 financial crisis. He argued that the market could better address gun violence issues like mass shootings after multiple failed attempts by Congress. However, groups like the NSSF argue that such plans lead to the targeting of pro-gun and conservative groups.

Alabama lawmakers filed the bill at the beginning of April and after multiple readings, it was delivered to the governor by the end of the month. Ivey signed it on May 7 and it was immediately enacted.

Burglary suspect shot while breaking into Dallas home

DALLAS — A burglary suspect was shot while breaking into a home in far southwest Dallas early Wednesday, police said.

The incident happened shortly after 4:30 a.m. at a home in the 7100 block of Nutmeg Lane, near the Cedar Ridge Preserve in an area of Dallas near Duncanville, DeSoto and Cedar Hill.

Police at the scene said people were inside the home when someone broke in. Someone in the home shot at the burglary suspect, police said.

The burglary suspect was taken to a hospital and was in surgery Wednesday morning. More information about their condition and the incident was not yet available.

There were no reported injuries to anyone inside the home.