United States 2nd Amendment Legal Cases and Law Discussion

Free-Stater 101

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I thought it would be funny to mention but I was driving through a nearby city and see a sign advertising a upcoming Gun Show in early December after the election, and under it is the underlined phrase.

"Last Chance Saloon."

I don't own any firearms myself being a pacifist, but a part of me knows that if Biden wins any such event that takes place between him getting elected and January is going to be totally off the walls.
 

bullethead

Part-time fanfic writer
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Here's some more theories on the whole brace/Honey Badger thing:
ATF Acting Director Regina Lombardo, who is not President Trump's pick to lead the ATF, is a career bureaucrat. AmmoLand New’s sources inside the agency say she is not loyal to the president. Several independent sources have stated that Lombardo has a narrower definition of the Second Amendment than President Trump & the rest of America.

Sources also tell AmmoLand News that Associate Deputy Director Marvin Richardson, another career bureaucrat, has an ax-to-grind against pistol braces and belives they violate the NFA but doesn’t think that they have the political capital to make a move against the millions of accessories under a Trump presidency. Those inside ATF with knowledge of the situation told AmmoLand News that higher-ups at the ATF believe that they will have the political capital and cover to go after braces under an anti-gun Biden administration.

BATF Headquarters advised all their agents not to answer questions on braces. This ban on answering questions does not just apply to the media. Agents cannot answer questions about braces’ legality, even if asked by firearms manufactures and gun dealers who sell the braces.
The same unnamed sources feel that the ATF agency heads are preparing for a Biden victory. They have inferred from conversations with ATF leaders that they are actively working to defeat Trump, and this move was to designed to disenfranchise gun owners just ahead of the election. Although the heads did not say this directly, three independent sources who work closely with the agency heads have verified this interference to be the unspoken truth within the highest halls of the ATF.
 

bullethead

Part-time fanfic writer
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Some mad lads introduced a bill to get SBRs off the NFA:


It probably won't go anywhere, but feel free to use the links to let the president know that the ATF is full of shit.
 

ShadowArxxy

Well-known member
Comrade
I don't own any firearms myself being a pacifist, but a part of me knows that if Biden wins any such event that takes place between him getting elected and January is going to be totally off the walls.

*shrugs* There was plenty of panic buying over Obama's election and he never actually tried to pass any significant federal gun controls at all. Only two firearms related laws of any sort were passed during the Obama Administration and both were actually pro gun.

Trump has actually passed more gun control than Obama, and has actually argued for even more, although he has also argued for less.
 

Bear Ribs

Well-known member
*shrugs* There was plenty of panic buying over Obama's election and he never actually tried to pass any significant federal gun controls at all. Only two firearms related laws of any sort were passed during the Obama Administration and both were actually pro gun.

Trump has actually passed more gun control than Obama, and has actually argued for even more, although he has also argued for less.
That's a big disingenuous. Obama wasn't big on laws but loved his executive orders and executive actions, and the list of those against guns is pretty long.
 

ShadowArxxy

Well-known member
Comrade
That's a big disingenuous. Obama wasn't big on laws but loved his executive orders and executive actions, and the list of those against guns is pretty long.


Long, but not really meaningful one way or the other, and executive actions don't even rise to the level of an executive order. When even the Cato Institute -- not exactly a liberal group -- says it wasn't really a big deal, I'm inclined to accept that.

One of the two laws that Obama actually signed was quite significant to me personally -- he legalized carrying firearms in national parks, reversing an anti-gun policy established by. . . Ronald Reagan, of all people.
 

Bear Ribs

Well-known member

Long, but not really meaningful one way or the other, and executive actions don't even rise to the level of an executive order. When even the Cato Institute -- not exactly a liberal group -- says it wasn't really a big deal, I'm inclined to accept that.

One of the two laws that Obama actually signed was quite significant to me personally -- he legalized carrying firearms in national parks, reversing an anti-gun policy established by. . . Ronald Reagan, of all people.
You keep focusing on "laws actually passed" but that's not significant to the discussion, it's what he tried to do that matters. If a person shoots at me but misses, that doesn't mean I have no reason to worry while he's reloading.

He pushed sweeping gun control laws specifically spearheaded by Biden, which included increasing background checks, restoring "assault weapon" bans, and limiting magazine sizes. The fact that he didn't get all the laws he wanted is no reason to presume that he was actually not wanting those laws.

And a brief look at Joe Biden's own website shows that he's pushing gun control pretty hard there, openly boasting of supporting the Brady act and proposing a lot more... heck taking gun rights away from people for misdemeanors is on that list.

 

ShadowArxxy

Well-known member
Comrade
You keep focusing on "laws actually passed" but that's not significant to the discussion, it's what he tried to do that matters. If a person shoots at me but misses, that doesn't mean I have no reason to worry while he's reloading.

I prefer to look at actual results, or at least actual legislation that went somewhere, not pie-in-the-sky declarations or projects that went nowhere. But if you're counting rhetoric and proposals, Trump has explicitly called for "take the guns first, go through due process second", which is a hell of a lot more sweeping than anything Obama ever called for. Trump also called for all states to adopt so-called "red flag laws" which would enable direct judicial seizure of privately owned firearms, again a far more extreme action. Conversely, both Presidents have made statements that were much more pro-gun at different times.

I'm not arguing that Obama was particularly pro-gun; I'm saying that the amount of panic buying over Obama is disproportionate compared to the lack of panic buying over Trump. It really seems that the perception that Democrats are super anti gun and that Republicans are super pro gun is much more important than what any president actually does.
 

Bear Ribs

Well-known member
I prefer to look at actual results, or at least actual legislation that went somewhere, not pie-in-the-sky declarations or projects that went nowhere. But if you're counting rhetoric and proposals, Trump has explicitly called for "take the guns first, go through due process second", which is a hell of a lot more sweeping than anything Obama ever called for. Trump also called for all states to adopt so-called "red flag laws" which would enable direct judicial seizure of privately owned firearms, again a far more extreme action. Conversely, both Presidents have made statements that were much more pro-gun at different times.

I'm not arguing that Obama was particularly pro-gun; I'm saying that the amount of panic buying over Obama is disproportionate compared to the lack of panic buying over Trump. It really seems that the perception that Democrats are super anti gun and that Republicans are super pro gun is much more important than what any president actually does.
That I'll agree with, Trump has been quite anti-gun for a Republican and his rhetoric sets off just as many alarm bells as Obama's did. Neither president impressed me on that front.

However Trump will also put conservative Justices on the SCOTUS, who will be more inclined to shoot down anti-gun laws which is what I mainly want from a conservative president, and ironically make an anti-gun Conservative president less a problem because his own courts will stop him. Biden is likely to put liberal justices in charge who will do the opposite.
 

bullethead

Part-time fanfic writer
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Jesus Christ, I want the ATF sued so hard, because they're literally doing the dumb bullshit people make jokes about:


Remember that one time in Ohio?

Length of Pull (LOP) should be measured parallel to the bore, Marvin.

Fun fact... The difference between a law-abiding citizen and illegal possession of an SBR is .2275 inches.

Goddamn, this kind of misconduct needs to get stamped out hard.
 

prinCZess

Warrior, Writer, Performer, Perv
Jesus Christ, I want the ATF sued so hard, because they're literally doing the dumb bullshit people make jokes about:
I...
I'm in a little bit of awe, while at the same time the back of my brain is telling me I shouldn't be.

Did nobody in the ATFs while process looking at the Honey Badger have a SHOP CLASS in High School?
Or even a father that could teach them how to measure something?
...Or even anybody who thought to look at how they'd screwed-up measuring in the past on this exact kind of case?

I can only presume that whatever courtroom (or en banc hearing or whatever legal jargon for step one of a challenge) that Q eventually gets into will (hopefully) go immediate-overturn on the ATF ruling based on prior precedent of this not being how measurements are done.
 

ShadowArxxy

Well-known member
Comrade
Did nobody in the ATFs while process looking at the Honey Badger have a SHOP CLASS in High School?

It has long been known that the ATF are giant assholes who consistently go out of their way to make the most inconsistent, difficult to understand, and just plain mean rulings possible. This is pretty much an invariant fact of the universe which has not changed in the slightest no matter who sits in the White House.

So this "official determination" is completely on brand for them.
 

f1onagher

Well-known member
I...
I'm in a little bit of awe, while at the same time the back of my brain is telling me I shouldn't be.

Did nobody in the ATFs while process looking at the Honey Badger have a SHOP CLASS in High School?
Or even a father that could teach them how to measure something?
...Or even anybody who thought to look at how they'd screwed-up measuring in the past on this exact kind of case?

I can only presume that whatever courtroom (or en banc hearing or whatever legal jargon for step one of a challenge) that Q eventually gets into will (hopefully) go immediate-overturn on the ATF ruling based on prior precedent of this not being how measurements are done.
Considering that the ATF has actively assassinated US citizens on more than one occasion to justify its own continued existence I'm willing to accept intentional malfeasance rather than stupidity on many of their actions.
 

bullethead

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Oh man, the ATF did this same shit two years ago and lost the case because of it:
The second problem had to do with how the ATF measured Wright’s gun. Here’s the standard method for measuring a long gun’s length of pull:
LOP.jpg


The distance is measured from the trigger to the rear-most point on the stock along a line that’s parallel to the axis of the barrel. Here’s how the ATF measured Wright’s gun:
Screen-Shot-2018-11-01-at-11.39.47-AM.png


That’s right, they measured it on an angle. The defense pointed out that measuring that way isn’t standard and was done to produce the longest possible length of pull. In this case, measuring on an angle produced a LOP of 13.75 inches, or .25 inch more than the supposed limit.

...

So to sum up, not only was Wright unaware of the double-secret 13.5-inch length of pull limit, but his gun didn’t even exceed it. The jury found him not guilty in less than an hour.
 

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