killerofa23
Well-known member
NRA are weak and no longer stand for strong legal action. These days the good people are the people over at fire arms policy coalition Firearms Policy Coalition
United States 2nd Amendment Legal Cases and Law Discussion
- Thread starter bullethead
- Start date
Salty Biden tries to kill state law that preserves Second Amendment after failing before:
Article: BREAKING: United States v. Missouri (W.D. MO): United States files lawsuit against Missouri's Second Amendment Preservation Act. Case assigned to Judge Laughrey.
Article: @AGEricSchmitt responds: "Make no mistake, the law is on our side in this case, and I intend to beat the Biden Administration in court once again."
Texas sues to get ATF to stop regulating Texas made suppressors
Article: BREAKING: Paxton v. Richardson (N.D. TX): @TXAG files lawsuit to stop the federal government from regulating suppressors made in Texas for personal use in Texas.
Article: 4. Moreover, federal regulation of firearm suppressors made in Texas for personal use in Texas cannot be justified as regulations of interstate commerce, or as laws necessary and proper for the carrying into execution such regulations of interstate commerce.
5. David Schnitz, Tracy Martin, and Floice Allen are Texas citizens, have informed the Attorney General of Texas that they intend to make a firearm suppressor for personal use in Texas that will remain in Texas. Moreover, Schnitz, Martin, and Allen intend to make the firearm suppressor out of basic materials that are not firearm suppressors and that would not be subject to federal regulation if they possessed them for other reasons. Therefore, Texas law states that the firearm suppressor they intend to make will not be subject to federal law or federal regulation, including registration, under the authority of the United States Congress to regulate interstate commerce. See TEX. G OV ’T CODE §§ 2.052(a).
6. Upon such notification, Texas law requires the Attorney General of Texas, Ken Paxton, to file suit against the federal government. TEX. G OV’T CODE § 2.054.
7. Consequently, Plaintiffs seek an injunction against enforcing federal firearms statutes and regulations as applied to persons who make firearm suppressors in Texas for personal use that will remain in Texas.
8. Plaintiffs also seek declaration that firearms suppressors made in Texas for personal use in Texas may not be regulated under the Interstate Commerce Clause or the Necessary and Proper Clause.
This is incredibly based, and I hope they win, but man, this is going to be a huge ass legal battle that'll probably get to the Supreme Court.
I think the government would make a lot more sense mandating suppressors than restricting them. After all, noise suppression is mandated for cars and various industrial machinery.
Yes, even Obama's CDC has said that.
But we're stuck with a stupid law from 1934 because the last serious attempt to get suppressors off the NFA got derailed by the Las Vegas shooting.
NRA Lawsuit Update: Cannot be dissolved by New York Attorney General
Honestly, weirdly (and wrongly) disappointed. Maybe if the NRA died, the GOA/FPC would take over for most people.
I get the gun rights community getting frustrated with the NRA, and any corruption in the organization should be burned out and prosecuted.
But the New York case was pure political persecution that we should be glad is getting pushed back by the court. The New York case and their desired outcomes in their case were some of the most blatant political prosecutions to ever happen.
Oh, I totally agree the right thing happened here. I just also want the NRA to die in a fire.
prinCZess
Warrior, Writer, Performer, Perv
The NRA has been a puppet-show of BS for far too long and yeah...needs radical, radical overhaul to actually approach being a useful organization again itself.
That said, it (and Wayne LaPierre the suit-owner extraordinaire) has been very good the last five years or so of being the--and please pardon the nature of the analogy--80s action-movie body-shield taking all the fire that otherwise might have been going for FPC, GOA, or actual firearms bills in state legislatures that have expanded constitutional carry.
That said, it (and Wayne LaPierre the suit-owner extraordinaire) has been very good the last five years or so of being the--and please pardon the nature of the analogy--80s action-movie body-shield taking all the fire that otherwise might have been going for FPC, GOA, or actual firearms bills in state legislatures that have expanded constitutional carry.
Firearms Policy Coalition lawsuit against California law that doxxes gun owners
So, uh, big lawsuit against California for attempted doxxing of gun owners:
I added the underline in the last paragraph as emphasis for how fucking insane that is.
Article: Summary: Challenge to California Assembly Bill 173, which requires the state’s Department of Justice to share the personal identifying information of millions of gun and ammunition owners with other parties for non-law-enforcement purposes.
Article: Dr. Amy Barnhorst, one of the Center’s lead investigators who runs its “Bullet Points” project, doesn’t hide her anti-gun-rights views. UC Davis Health, Violence Prevention Research Program, UCFC Lead Investigators, UCFC Lead Investigators | UC Davis Violence Prevention Research Program. She recently unleashed a Twitter tirade on gun owners and gun rights following the Kyle Rittenhouse trial: Barnhorst said the “verdict is a small tree, but the dark forest here is this country’s permissive firearm laws, pervasive myths that guns keep people safer, and vigilante / militia culture that encourages ordinary citizens to take up arms to ‘protect’ themselves and others.” https://bit.ly/3v3Emkq.
This context is important in a case where gun owners’ PII must now be handed over to these anti-gun activists, and may be handed over to countless other opponents of gun rights. In fact, AB 173 was spurred by a dispute between the Center and DOJ over DOJ’s refusal to share the very same PII at issue in this case based on DOJ’s concerns that sharing this data violated gun owners’ privacy rights. See, e.g., Wiley, Gun violence researchers fight California Department of Justice’s plan to withhold data, Sacramento Bee (March 15, 2021); Beckett, TheGuardian.com, California attorney general cuts off researchers’ access to gun violence data (March 11, 2021).
In the past, DOJ had provided the Center with confidential gun owner PII in violation of California law: Multiple research papers affirm that the Center obtained and used gun owner PII in violation of Section 11106. See, e.g., Zhang et al., Assembly of the LongSHOT cohort: public linkage on a grand scale, 26 Injury Prevention 153 (2020) (cross referencing DROS database, voter registration data, and mortality data to link individual-level data of millions of Californians based on their PII); Pear et al., Criminal charge history, handgun purchasing, and demographic characteristics of legal handgun purchasers in California, 8 Injury Epidemiology 7 (2021) (cross referencing AFS and DROS databases with criminal charge and conviction history based on PII and evaluating individual demographic characteristics including age, race, and sex).
In 2020 and 2021, however, DOJ advised the Center that it was going to start complying with the law and no longer provide gun owners’ PII for the Center’s research. Wiley, supra (DOJ spokesman stating “[w]e . . . take seriously our duty to protect Californians’ sensitive personally identifying information, and must follow the letter of the law regarding disclosures of the personal information in the data we collect and maintain”); Beckett, supra (“it’s precisely this more detailed personal information, including about gun purchasers . . . that Becerra’s justice department is telling some researchers that it will not provide”; DOJ “has cited privacy concerns as a justification for the data restrictions, and has said it believes current California law does not permit the agency to release certain kinds of data to researchers”). DOJ reportedly instructed the Center to delete the PII it possessed from these prior disclosures. Wiley, supra.
Wintemute lashed out against DOJ’s change in position, and he dismissed DOJ’s view that disclosing gun owners’ PII raised serious privacy issues: “People have started to wonder what other reasons there might be for which privacy is a fig leaf.” Beckett, supra. Wintemute even took the remarkable position that gun owners’ PII is “public information” since it was held by DOJ. Orr, AG Becerra Takes Heat for DOJ’s Move to Restrict Release of Gun Violence Data, KQED (March 12, 2021). He rallied the Legislature to change the law.5
I added the underline in the last paragraph as emphasis for how fucking insane that is.
After Americans for Prosperity vs Bonta, you'd think California would have learned its lesson about how it handles PII. I guess not.
it really hasn't and the only way we will learn is to start putting the law makers in prison.
posh-goofiness
Well-known member
Summary excerpts from DOJ Commerce in Firearms report
Here's a report from ATF on firearms production/importation:
Article: Between 2000 and 2020, approximately 24% of licensed firearm manufacturers failed to submit the required AFMER report. Between 2016 and 2020, this average increased to 30%. However, the FFLs responsible for most firearms manufactured annually, as indicated by the parent entities throughout the report, have consistently submitted the required AFMER. The percentage of non-AFMER filers does not equate to the volume of firearms entering commerce.
Between 2000 and 2020, the number of domestically manufactured firearms produced on an annual basis per 100,000 persons in the U.S. increased 187%. During that same time, the U.S. population only increased 18%. At no point since 2011 has there been a year where less than 6,731 ,958 firearms were manufactured for domestic consumption.
Between 2016 and 2020, Smith and Wesson, Sturm Ruger, and Sig Sauer parent entities collectively manufactured and entered commerce 42% (20,045,276) of all domestically manufactured GCA firearms (47,716,521) between 2016 and 2020.
Between 2000 and 2009, the dominant firearm type manufactured in the U.S. was rifles. This changed in 2010 when pistols became the dominant firearm type manufactured in the U.S. Pistol dominance continued from 2010 to 2014, until it was slightly overtaken by rifles in 2015, and then reemerged as the dominant firearm from 2016 through 2020. Among pistol calibers manufactured in 2020, the 9mm PARA caliber pistol constituted 58% (3,211,768) of the total 5,509,151 pistols manufactured and distributed into domestic commerce.
Between 2000 and 2020, annual SBR manufacturing volume increased 24,080% with the bulk of this growth taking place since 2011.
Between 2000 and 2020, annual silencer manufacturing volume increased 3,699% with the bulk of this growth taking place after 20l0.
Between 2000 and 2020, annual miscellaneous firearms manufacturing increased 4,281 % with the bulk of this growth taking place in the last 10 years. Miscellaneous firearms are predominantly firearm frames and receivers that are manufactured and sold before being assembled into a complete firearm. This growth reflects the growing trend in private individuals making their own customized firearms from serialized parts.
Article: As technology advances in the making of PMFs [Privately Made Firearms], there has been a corresponding increase in their use in crimes. Between 2016 and 2020, 25,896 suspected PMFs were recovered in crimes and traced by law enforcement. In 2021 alone,19,344 suspected PMFs were recovered and traced by law enforcement. To put these figures in perspective, on average, from 2016 to 2020, approximately 5,150 suspected PMFs were traced annually, whereas, in 2021 this number nearly quadrupled.
ATF has taken numerous steps to address the rise in the criminal use of PMFs. This includes standardizing terminology used by law enforcement, as well as outreach and targeted education to local law enforcement on the identification and tracing of PMFs. Most recently, ATF's issuance of Final Rule 2021R-05F published on April 26, 2022, will result in licensing and serialization of firearm parts kits that are produced and sold commercially, and requires identifying marks be placed on all PMFs when they are taken into inventory by FFLs, including overnight repairs by licensed dealers/gunsmiths, and that FFLs record those PMFs in their A&D records.
These additional requirements will assist law enforcement to more effectively trace PMFs that are recovered in criminal investigations. Continued advancements in technology and information access will likely result in continued growth and evolution of PMF making. As this growth of PMFs occurs, the PMF market will continue to impact licensed manufacturers and their share of the firearms market.
Article: The total number of import permits issued by ATF generally declined between 2000 and 2020. However, the total number of annual firearms imported into the U.S., increased by almost 360% during this 20-year period. This dramatic increase was driven by the total number of handguns imported into the U.S., which grew by 440% between 2000 and 2020 and represented 63% of all firearms imported in 2020. Ammunition imports considerably increased during this time, growing by 175,365% between 2000 and 2020.
Article: Estimated Minimum Sales Volume
EMSV is calculated by multiplying the number ofNICS checks conducted in the relevant period by the number of distinct NICS purpose codes associated with a NICS transaction that involved the actual transfer of a firearm to a new possessor. These NICS purpose codes are: 01 - Sale of a Handgun, 02 - Sale of a Long Gun, 03 - Sale of an Other Weapon, 27 - Private Sale ofa Handgun, 28 - Private Sale ofa Long Gun, and 29 - Private Sale of an Other Weapon. NICS transactions involving more than one of these purpose codes reflect at a minimum the transfer of two firearms and may involve more. For example, a NICS transaction with purpose codes 01, 02, 28, and 29 associated to it would equate to an estimated minimum of four firearms being sold. The NICS data used to calculate EMSV does not include any personally identifiable information about the purchaser or possessor of a firearm; it is limited to aggregate numerical and code data.
As the term itself indicates, EMSV does not capture all firearm sales, but instead provides an estimate of the lowest number of firearms involved in a NICS transaction in which a transfer occurs.
Article: Over this period, by far the largest increase of EMSV across all FFL types occurred between 2019 and 2020. Overall, total EMSV for all FFLs increased by approximately 65% between 2019 and 2020 with EMSV increasing by 64% for Type 01 FFLs and by 94% for Type 07 FFLs. In 2020, approximately 99% of all EMSV sales were transacted by Type 01 (74%), Type 02 (15%) and Type 07 (11 %) FFLs.
EMSV also showed a fairly consistent increase between 2019 and 2020 for most states and territories. However, over the 2017 to 2020 period, EMSV transactions show variation in the degree to which EMSV is concentrated by state across different types of FFLs with Types 02 and 07 EMSV showing more concentration in the top ten states than Type 01 FFLs.
Analysis of EMSV data reveals that many FFLs do not engage in firearm sales that involve conducting NICS checks, and thus had no EMSV, or engage in low levels of EMSV. During the period 2017 to 2020, 27% of Type 01, 17% of Type 02, and 38% of Type 07 FFLs had no EMSV. In the same period, 58% of Type 01, 45% of Type 02, and 55% of Type 07 FFLs were determined to have low EMSV levels (1 to 500 EMSV). In total, from 2017 to 2020, 85% of Type 01 FFLs, 62% of Type 02 FFLs, and 92% of Type 07 FFLs had an EMSV less than 500.
Article: The annual number ofNF A applications received has grown considerably over the last twenty years with a 1,231% increase in annual applications received between 2000 (41,412) and 2020 (551,074). Between 2016 and 2020, ATF received 2,073,275 eligible applications involving the registration or transfer of 10,074,950 NFA weapons. The most registered or transferred NFA weapons were silencers, machineguns, and destructive devices.
Between 2016 and 2020, FFLs paid more than $30 million in SOT.
To facilitate the submission ofNF A applications, ATF established an internet portal to accept eForm submissions in 2013. By 2020, eForms had accounted for almost half of the total number ofNF A applications received by ATF. The average ATF processing time for paper NFA applications in 2020 was almost 154 days as compared to eForms which was about 8 days. The substantial decrease in eForm processing times reflects ATF's commitment to leveraging technology to facilitate lawful firearms commerce more efficiently.
Once again the fatasses of ATF are about as useful as tits on a boar. They are only getting by because of inertia.
I honestly think that their entire mission statement is unconsitutional and they should have been entirely purged 30 years ago.
Relevant.
Ixian
Well-known member
Whats the context here?