Tag Archives: Second Amendment

Get ready for homemade suppressors if HPA passes (but not in every state)

oil-filter-suppressor

With the possible removal of silencers/suppressors from National Firearms Act control, a number of legal questions around the devices emerge.

The current mechanism for change, H.R.3799 — the Hearing Protection Act — is stuck in the U.S. House but would likely see a stronger reboot in the next Congress in 2017. If a new bill gains enough momentum to make it through Capitol Hill and onto the waiting desk of President Trump, it would leave a few things undecided if signed into law with its current language.

I spoke with Adam Kraut, an attorney specializing in Second Amendment rights and NFA issues in particular, about just what could be in store.

More in my column at Guns.com.

NFA deregulation of suppressors a very real prospect for 2017

Firing the 03 Springfield with the Maxim silencer, 1910. From left to right Hiram Maxim, Lieut. Col. Richard J. Goodman, and Capt. Earl D Church

Firing the 03 Springfield with the Maxim silencer, 1910. From left to right Hiram Maxim, Lieut. Col. Richard J. Goodman, and Capt. Earl D Church

A Republican trifecta in Washington next year will likely see action on a bill to remove firearm suppressors from National Firearms Act regulation after 82 years.

The Hearing Protection Act was introduced last October by U.S. Rep. Matt Salmon, R-Ariz., and currently has 78 bipartisan co-sponsors from 34 states. Since then, the HPA has been among the top 10 most-viewed bills on Congress.gov almost every week since it was introduced.

However, with a slim Republican majority in the Senate unable to override a near-certain veto from President Obama, the bill has been in doldrums.

Now, with the White House under new management next year, advocates for the measure feel signs are looking up and will likely return to the next Congress with a fresh mandate.

“Imagine for a second that we lived in a world where you had to pay a $200 tax to buy a pair of earplugs,” Knox Williams, president of the American Suppressor Association, the industry trade group for the devices, told me on Wednesday. “Now, imagine that even after paying that tax you still had to wait 8 months before you could bring your earplugs home with you. As silly as that sounds, it’s the world we live in with suppressors in the NFA.”

Maybe not any more…

(More in my column at Guns.com)

Tom Swift would be pleased

Starting around the 1880s and progressing through the Great War, or in other words the gaslamp Victorian/Edwardian-era, a series of pulp novels appeared with a host of fictitious “Edisonade” brilliant young inventors: Tom Swift, Frank Reade Jr., Jack Write and others whose adventures were full of pluck and included the high tech forward thinking science of the era including radios, electric weapons, electrical land vehicles, steam powered robots, airships, rockets and submarines.

One of these books, a 1911 work titled Tom Swift and his Electric Rifle, was used as the acronym (TSER) of a less lethal gun that projected a set of barbed hooks that delivered a potent electric charge, incapacitating most targets– the TASER.

taser-came-from-the-acronym-of-a-novel-published-in-1911-titled-thomas-a-swifts-electric-rifle

Incidentally, last week the District of Columbia agreed to lift its prohibition on civilian ownership of Tasers as part of a lawsuit filed in federal court.

In the two-page order, signed by U.S. District Judge James E. Boasberg, the city agreed not to enforce its current ban on Tasers and other electronic arms for lawful self-defense in residences while lawmakers hammer out a new and more accommodating law.

washington-d-c-reverses-ban-on-tasers-after-court-challenge

When things are so bad that you have to send it to the people

So in California, which has had an assault weapon ban going all the way back to 1989 and yet still have mass-shootings with California-compliant firearms, lawmakers tried to pass over 20 legislative actions on increased gun control this session.

A baker’s dozen of these made it through the legislature in Dem-heavy votes of which Gov. Jerry Brown signed 7 into law and returned five with vetoes.

Since gun rights groups and Republican lawmakers couldn’t derail these, a group of gun owners on a gun forum (Calguns) got together and decided, “Let’s try for a ballot referendum to repeal these…”

And that’s exactly what they are doing.

With a pressing deadline of Sept.29, they are trying to get 450,000 signatures on 7 different propositions. Of course, California has 13 million gun owners, which by definition should all be capable of registering to vote, so it’s not far-fetched.

I’ve spoken with the man behind the effort, a San Diego tech company executive, and it’s a hail Mary play with a lot of spunk behind it.

More over in my column at Guns.com here and here.

We’re from the government. We’re here to help

FBI_Badge_&_gun glock

At one point Greg Ledet made a minor mistake. Back in 1997 he was found guilty of a misdemeanor crime (theft under $100) and got 18 months probation for it under threat of a six-month jail term. Other than that minor (and petty) stain on his record, he has kept his nose clean and is by all accounts a law-abiding citizen. A stand-up guy.

According to U.S. law, there are a number of things that can make it illegal for you to be a prohibited firearms possessor (renouncing your citizenship, being convicted of a felony, of domestic violence, of serious misdemeanors that result in more than two years in the klink, serious mental illness, dishonorable discharges, et. al). If so adjudicated, the FBI’s NICS program will blackball you from being able to get a gun. None of these things Ledet did.

Well the feds for some reason have Ledet listed as a prohibited possessor, although they got his records from his home state in 2003 showing he was not. This led to him not being able to buy a gun legally in 2010. Somehow in seven years they didn’t update their files.

Trying again this year to buy a simple .22LR rifle, he was still denied.

He filed a color of law suit this year and suddenly the FBI was able to– just three weeks after they received notice to appear– approve his apparently forgotten appeals.

Kinda

More in my column over at Guns.com

An innovative (and probably effective) way to ban ‘assault weapons’

"Kanarejka” (Canary) system, mounted below the AKS-74U assault rifle.

“Kanarejka” (Canary) system, mounted below the AKS-74U assault rifle. Now this is a real assault rifle. An “assault weapon” is a political term.

“Assault weapons bans” go back a quarter century with California implementing the first such restrictions in 1989. The the California Department of Justice’s assault weapon list has some registered 145,253 firearms  as of last year when I did an in-depth report on them. However, the AWB, although tweaked continually, focuses on named models and arbitrary cosmetic features such as hand grips, barrel shrouds, and threaded muzzles, deeming such guns “assaulty” while they accidentally wind up making such innocent models as the Marlin Model 60, a tubular magazine .22LR popgun, illegal in some states.

Such bans aren’t very efficient, nor do they reduce crime, as witnesses a decade after in a postmortem on the Federal Assault Weapons Ban of 1994, which sunsetted in 2004.

Even the sometimes left-leaning New York Times noted that, “The continuing focus on assault weapons stems from the media’s obsessive focus on mass shootings, which disproportionately involve weapons like the AR-15, a civilian version of the military M16 rifle.”

Further, manufacturers can just rename their guns and delete cosmetic features, selling state-compliant models. As such, you can still very much buy modified AR-15-ish rifles in California legally over the counter. Sure, they have bullet buttons and look funny, but at their heart they are still ARs.

A state-compliant AR

A state-compliant AR. Even these abominations are banned in Massachusetts, at least for now.

However, Massachusetts Atty. Gen. Maura Healey last week flipped the script and decided to re-interpret the state’s 1998 ban to include an interchangeability test on the gun’s action, as ruling whether it is banned under state law. For instance, if Mass-compliant 5.56mm semi-auto rifle accepts the same bolt carrier group and magazine of the banned AR-15, it is banned as well.

So now components, such as the bolt carrier group and charging handle, define what make up an "assault rifle" under Healy's interpretation of Mass law....not the gun itself.

So now components, such as the bolt carrier group and charging handle, define what make up an “assault rifle” under Healy’s interpretation of Mass law….not the gun itself.

Gun grabbing genius this is. Because of the extremely broad strokes used to issue her office’s new guidance, most semi-auto centerfire rifles with the exception of a few (Ruger Mini-14, Remington 7400, Winchester 1910, etc), can be outlawed.

The thing is, Healy may have overstepped her authority and there has been a run on stores by gun owners fearing it will stick and some are promising legislation and litigation to short circuit her effort.

Either way, you can bet it is a blueprint for future moves by lawmakers to place a much more restrictive gun prohibition in the works.

Bringing the Second Amendment to the hood

The Black Lives Matter movement has embraced gun control and allied with anti-gun groups while their leadership has very publicly painted the group as non-violent and non-confrontational.

Not affiliated with the Black Lives Matter movement, 29-year-old community leader Maj Toure is a gun owner and a card-carrying member of the National Rifle Association and believes that the right to keep and bear arms is fundamental. And he is bringing that message, without any outside support, to the black community through outreach and free firearms training conducted by certified instructors.

I had a chance to talk with Toure this month about his Black Guns Matter group, his vision, and why it’s needed. In short, he wants to replace more gun regulations, buybacks and rhetoric with firearms training, education, and concealed carry permits.

black guns matter

“Charlton Heston said it – you basically got to pry this out of my cold, dead hand. I’m not going down that way because we are citizens, Americans,” Toure told me. “We are citizens. We have the right to exercise the Second Amendment and anyone that’s tryin’ to infringe on that is not only in violation of the Constitution but they’re also just a dick.”

I told him he needed to put that remark on a T-shirt.

More in my column at Guns.com

The Army’s surplus gun pipeline may be fixing to run dry

m1_lede

Last week the U.S. Senate overwhelmingly passed the 2017 defense authorization act– but hidden inside its pages is a section that could destroy the military’s current stock of surplus rifles and pistols.

The Senate’s version of the 2017 National Defense Authorization Act authorizes some $602 billion in spending and despite President Obama’s threat to veto the annual policy measure over issues including a ban on closing the Guantanamo Bay military prison, saw widespread support, passing 85-13 last Tuesday.

While many have noted the measure includes such items as requiring females to register for the draft beginning in 2018, others have been lost in the almost kafkaesque layers of the bill.

In short, within 90 days of the bill becoming law, the Army would transfer almost all of the surplus guns it held at Anniston to Rock Island for meltdown. The only exceptions would be for up to 2,000 M1911 pistols and 2,000 M14 rifles that could be donated to military museums for preservation.

This could mean the death knell for surplus guns for CMP, the 1033 Program which supports some 8,000 local police agencies, and the Ceremonial Rifle Program which provides guns for veterans’ groups such as the VFW and DAV.

More in my column at Guns.com

Of suppressor deregulation and upcoming ATF changes

At SHOT Show this year I had a chance to throw some knives and hawks on range day and did so like shit. They were SOGs and, while I can make the excuse I wasn’t used to them and prefer my own edged weapons which I do throw much better, I still did miserably.

sog knives and hawks

However, I also did it right behind Josh Waldron, the co-founder and CEO of SilencerCo, the company that is like the Glock of suppressors. How big are they? They ship 10,000 cans a month, which is more than most suppressor makers ship in a year.

I had a chance last week to catch back to up him without the tomahawks and talk about various states dropping prohibitions against private suppressor ownership (42 states now allow it), hunting with suppressors (39 now allow it, up from 22 in 2011), potential deregulation of suppressors from NFA requirements via the Hearing Protection Act, and the impact that ATF 41F is going to have on trusts and CLEO requirements.

SilencerCo.founder.believes.in_.creating.a.lifestyle.to_.mainstream.suppressors
“We’re trying to make guns sexy again because they always really have been in this country,” Waldron said. “It’s been part of the fabric of the culture here but we want to make sure that that continues and so we’re trying to revive that.”

You can read the interview over at Guns.com.

Because flamethrowers are used in crime so often…

The $1,200 XM42, able to ship to your door in 48 states without a license, will send flame over 25 feet away and last for about 38 seconds, but has earned frowns from lawmakers seeking to regulate it over what “could” happen. (Photo: Ion Productions)

The $1,200 XM42, able to ship to your door in 48 states without a license, will send flame over 25 feet away and last for about 38 seconds, but has earned frowns from lawmakers seeking to regulate it over what “could” happen. (Photo: Ion Productions)

In the absence of documented flamethrower attacks, I had a chance to speak with the head of a company that makes the devices about pending legislation that seeks to regulate the items.

Detroit-based Ion Productions has been working on the XM42 flamethrower concept since 2008 and last year raised $50,000 overnight through crowd-sourcing to move what they billed as the “world’s first commercial handheld flamethrower” forward into production.

Moreover, they did their homework beforehand.

“During the development and funding of the XM42 project, we were in contact with numerous fire departments and controlled burn workers in regards to its utility for them,” Chris Byars, Ion’s president and founder told Guns.com. “Farmers, firefighters, controlled burn prescribers have used devices that emit streams of fire for many years.”

Laws governing the devices are few, with only California and Maryland having codified their use while the Bureau of Alcohol, Tobacco, Firearms and Explosives have no mandate to restrict them.

However, just months after the X42 gained national media attention, lawmakers sought to step up regulation.

More in my column at Guns.com

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