United States 2nd Amendment Legal Cases and Law Discussion

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bullethead

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Article:
BREAKING: VanDerStok v. Garland (N.D. TX): Judge grants partial preliminary injunction in lawsuit challenging ATF "frame or receiver" rule, limiting it to the retailer plaintiff but allowing the others to submit briefing on the scope of the injunction.

Article:
"Congress has not extended ATF’s authority so far. That the firearm part is 'designed' to be or may one day become a frame or receiver does not change the fact that, in that moment, it is not 'the frame or receiver of any such weapon.'"
 
DarthOne

DarthOne

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New code, backed by NY lawmakers, will help credit card companies track gun purchases

gothamist.com

New code, backed by NY lawmakers, will help credit card companies track gun purchases

Gun safety advocates, including several public officials, argue the measure will make it easier to flag suspicious activity before guns are trafficked or someone commits a mass shooting.
gothamist.com gothamist.com

It will soon be easier for financial institutions to flag suspicious purchases at gun and ammunition stores.

An international standards body has voted to approve a measure that will allow credit card companies to track transactions at firearm dealers, in the same way that they already track sales at most other types of retailers.

The decision comes amid mounting pressure from gun control advocates and public officials. Dozens of New York state lawmakers and members of Congress sent letters to the leaders of major credit card companies, urging them to use their clout to support the measure. Three pension systems in New York City, one in California, and the attorneys general in both of those states also joined the calls, along with New York Gov. Kathy Hochul, New York City Mayor Eric Adams, and city Comptroller Brad Lander. Many of them celebrated the news on Friday.

“This is a smart, common-sense measure that will track suspicious gun and ammunition sales — saving lives and making our cities safer,” Adams said in a press release.

Hochul said she was “grateful to the business leaders who stepped up and joined the fight to protect public safety — here in New York and across the nation.”

“Together we can stop gun trafficking and keep New Yorkers safe,” she said.

Credit card providers categorize purchases with merchant category codes for different types of retailers. There are unique codes for many kinds of stores and service providers, including sporting goods stores, women’s accessory stores, and shops for candy, nuts, and confectionery. But until now, there has been no separate code for firearm retailers. Instead, they have typically been grouped into a “miscellaneous” category that also includes party supply stores and sunglasses shops, or a “durable goods” category that also tracks purchases at stores specializing in gas lighting fixtures and musical instruments, according to a Mastercard reference booklet.

Supporters of a new code argue it could flag to detect large purchases of firearms and ammunition, which could be trafficked or used in mass shootings. Second Amendment advocates, on the other hand, worry it could invade people’s privacy or prevent people from legally purchasing guns.

To create new codes, financial institutions have to make their pitch to the International Organization for Standardization, which brings together business leaders from around the world to set different regulatory measures, including merchant category codes. Major credit card companies have seats at the table.

The campaign to use this little-known financial tool to target gun violence has been years in the making, stemming from the efforts of New York-based Amalgamated Bank, which refers to itself as “America’s socially responsible bank.” The bank submitted an application to the standards group in 2021 to create a firearm and ammunition store code, without success. This year, it tried again.

Amalgamated received notification that the code had been approved early this morning.

“Once implemented, the new merchant category code for gun stores will save lives by stemming the flow of guns to the black market and giving law enforcement information that could prevent mass shootings,” Maura Keaney, Amalgamated’s first vice president, said in a statement.

Now that the International Organization for Standardization has approved Amalgamated’s application, it will be up to individual financial institutions to decide if they want to use it. Otherwise, they can continue to lump gun dealers into the “miscellaneous” and “durable goods” categories.

American Express said in a statement that it will follow its “usual business practices” to determine how to meet its “regulatory and fiduciary responsibilities.” Mastercard said it is looking into how merchants and banks will implement the new code “to support lawful purchases on our network while protecting the privacy and decisions of individual cardholders.” Visa did not respond to a request for comment.

The National Shooting Sports Foundation called the decision to create a new code for firearm and ammunition retailers “flawed on its premise.”

“This decision chills the free exercise of constitutionally protected rights and does nothing to assist law enforcement with crime prevention or holding criminals accountable,” spokesperson Mark Oliva said in a statement. “Attaching codes specific to firearm and ammunition purchases casts a dark pall by gun control advocates who are only interested in disarming lawful gun owners.”
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Not quite sure if this belongs here or not.
 
California/Giffords vs Federal Government on 80% Receivers
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    • bullethead

    bullethead

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    LOLOLOLOLOLOLOLOL:

    Article:
    California v. ATF (N.D. CA): Federal government argues that CA/Giffords lawsuit trying to redefine "80% percent" receivers as firearms is moot due to the new ATF rule. Plaintiffs say it's not because "the ghost gun industry is defying" federal law.


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    Article:
    "Plaintiffs’ claims remain live because... 'unfinished' or '80 percent' frames and receivers—continue to be sold without serial numbers, without background checks, and without record-keeping—all critical requirements under federal law that the ghost gun industry is defying."


    Article:
    "And in proceedings before a federal court in another district, Defendants took the position that other 80% receivers are entirely unaffected by the issuance of the Final Rule."

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    • Abhorsen

    Abhorsen

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    Osaul
    bullethead said:
    LOLOLOLOLOLOLOLOL:

    Article:
    California v. ATF (N.D. CA): Federal government argues that CA/Giffords lawsuit trying to redefine "80% percent" receivers as firearms is moot due to the new ATF rule. Plaintiffs say it's not because "the ghost gun industry is defying" federal law.


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    Article:
    "Plaintiffs’ claims remain live because... 'unfinished' or '80 percent' frames and receivers—continue to be sold without serial numbers, without background checks, and without record-keeping—all critical requirements under federal law that the ghost gun industry is defying."


    Article:
    "And in proceedings before a federal court in another district, Defendants took the position that other 80% receivers are entirely unaffected by the issuance of the Final Rule."

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    Click to expand...
    ... are we rooting for the feds here? Uergh, just feels wrong...
     
    NFA Case involving auto-sears
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    • bullethead

    bullethead

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    We got an interesting NFA case!
    Article:
    CHICAGO (CN) — A federal appeals court on Thursday heard arguments in the case of a man who owns banned automatic weapons parts and claims the court should either rule he is allowed to own them because he bought them before they were regulated or that he should be given a grace period to register them and make his ownership legit.

    The firearm components in question are known as drop-in auto sears, or just auto sears, which according to court documents were invented in the mid-1970s. Part of a gun’s trigger mechanism, they essentially convert a semiautomatic rifle into a fully automatic machine gun by allowing it to fire more than one bullet with a single pull of the trigger.

    The federal government began requiring machine guns to be registered and taxed starting with the National Firearms Act in 1934. In 1968, the Gun Control Act expanded the NFA’s reach, at which point auto sears technically fell under the definition of a machine gun.

    In 1981, the Bureau of Alcohol, Tobacco and Firearms specifically classified auto sears as machine guns and codified their regulation as such for registration and taxation purposes, but the ruling did not apply to those manufactured before November of 1981.

    Then, in 1986, Congress passed the Firearm Owners Protection Act, which added to federal gun laws that it is illegal to transfer or possess a machine gun with two exceptions, one being that the prohibition does not apply to machine guns legally owned before the law took effect in May of that year.

    An Illinois man, known in court documents only as John Roe, bought an unregistered auto sear in 1979. He made no attempt to register the part until 2021, when he sued then-acting ATF Director Marvin Richardson and U.S. Attorney General Merrick Garland on the basis that his auto sear should be grandfathered as legally owned because he bought it before 1981, or that he should be given an amnesty period under ATF rules to legally register it.
     
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    • bullethead

    bullethead

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    Here's a good ruling for people who make their own guns:
    Article:
    BREAKING: Rigby v. Jennings (D. DE): Judge issues preliminary injunction against Delaware's ban on self-manufacturing and possessing home-built firearms, but denies the MPI as to its ban on distribution of untraceable firearms and 3D-printed gun files.


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    Article:
    "These statutes burden constitutionally protected conduct... and Defendant has not shown that these firearms and components are not commonly owned by law-abiding citizens for lawful purposes."
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    Article:
    "Proceeding to Bruen’s historical inquiry, Defendant once again resorts to conclusory argument and has furnished no evidence that the laws in question are in line with the nation’s historical tradition of firearms regulation."
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    Article:
    "[The statute] does not prohibit gunsmiths and hobbyists from exchanging information about how to use their 3D-printer to manufacture a firearm, or for instructing individuals on how to program their 3D-printer to make the firearm of their choice."
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    Article:
    "Therefore, Defendant’s motion to dismiss will be denied in its entirety."
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