Kicking And Screaming
Biden Administration Fights Pro-2A Court Ruling
Almost faster than Steve McQueen in “The Magnificent Seven,” the Biden administration sprinted to court asking for a stay in the U.S. District Court ruling by Judge Thomas S. Kleeh which struck down as unconstitutional the federal prohibition on handgun sales to young adults in the 18-20-year age group.
The 40-page decision, issued Dec. 1, known as Brown v. Bureau of Alcohol, Tobacco, Firearms and Explosives, looked to be well-researched and written so as to be easily understood. In the ruling, Judge Kleeh, a Donald Trump appointee, noted that because the First and Fourth Amendments apply to the age group in question, the Second Amendment also applies. Said the judge, “because neither the First nor Fourth Amendments exclude, nor have been interpreted to exclude, 18-to-20-year-olds, the Court can discern no reason to read an implicit age restriction into the Second Amendment’s plain text either.”
A couple of pages later, Judge Kleeh reiterated, “Considering this analysis, the Court concludes 18- to 20-year-old law-abiding citizens are part of ‘the people’ who the Second Amendment protects.”
Judge Klee’s ruling was released on Dec. 1, a Friday. The following Monday, Dec. 4, the BATF raced to court requesting a stay of Keeh’s ruling, which found, “18 U.S.C. §§ 922(b)(1) and (c)(1) facially unconstitutional and as applied to Plaintiffs.”
Attorneys for the BATF went so far as to provide a proposed order granting the stay, as if federal judges need special help from the government to rule in favor of a government motion to continue stepping on Second Amendment rights.
Advised of the quick motion, Adam Kraut, the executive director of the Second Amendment Foundation — a plaintiff in the case — and also one of the attorneys involved in the initial lawsuit, observed in a text, “That didn’t take long.”
So, what happens now? Could be any number of things, according to Kraut. It all depends upon the judge and the Fourth U.S. Court of Appeals.
What this case demonstrates is the same thing other efforts by the Biden administration do. The federal government, at least under the current administration, will probably have to be dragged kicking and screaming into the 21st Century following the June 2022 Bruen Supreme Court ruling.
It also proves once again something SAF founder and Executive Vice President Alan Gottlieb has repeatedly told people: “Elections matter.” The president nominates federal judges who are then interviewed and either confirmed or rejected by the U.S. Senate.
Same Game Elsewhere
Court rulings have been going against the gun prohibition movement in California, Oregon and elsewhere, and appeals are automatically — and swiftly in most cases — filed. Let’s face it, people who dislike guns don’t like losing, either.
Oregon immediately appealed a circuit court judge’s ruling that onerous Measure 114 was unconstitutional under the Oregon state constitution about five weeks ago, and the state administration went bonkers. An appeal by several gun rights organizations of their loss in federal court, challenging the same law, could make the Beaver State a real battleground this year.
Maryland, Illinois and New Jersey governments are also fighting to retain their restrictive gun controls, and the Second Amendment Foundation last month filed its 18th lawsuit in California, this time challenging the state’s concealed carry law, and the foot dragging by the Los Angeles County Sheriff’s Department to issue permits.
According to the lawsuit, the sheriff’s department and La Verne Police Department have been taking sometimes more than a year to issue a permit, and the costs are outrageous. The federal complaint alleges, “Applicants pay between $900 to $1100 depending on the varying costs that third parties charge for the mandatory training course and live scan services. And even after obtaining a permit, LVPD even charges over $500 for renewal applications every two years ($250 per year to exercise an enumerated right).”
There appears no doubt the fees and delays are designed to deliberately discourage residents of Los Angeles County from even applying for a carry permit.
This lawsuit has another angle: to force California to recognize carry permits and licenses from other states. We’ll see how this shakes out.
And In Los Angeles…
It’s not often a self-defense shooting makes national headlines, but here’s one — coincidentally in Los Angeles’ Granada Hills neighborhood — that was not only reported locally, but also nationally by the New York Post and Fox News.
A crew of home invaders picked the wrong target back on Dec. 2. They got inside a residence where the homeowner grabbed his pistol and opened fire after one of the thugs apparently aimed a gun at him. He fatally shot one guy, who expired right there, and may have wounded a second suspect, who fled on foot.
The suspects did leave something, though. Their getaway car. Oops.
Neighbors told reporters there had been a growing number of residential burglaries in the area. This caper may have sent a message that crime has risks, even in Los Angeles.
Leaving New York
Remington Arms, currently known as “RemArms,” is finally bailing out of Ilion, New York, and it’s been a long time coming. Looks like the doors will close sometime around March 4.
Remington is the nation’s oldest gunmaker, established way back in 1816. According to ABC News, the Ilion plant has been around since 1828. Currently, the plant has about 270 workers.
So, what’s this all about? Let’s just say there’s a better business environment for gun manufacturers in other parts of the country. The plan since 2021 has been to move the company headquarters to Georgia.
Remington as a brand has had some rough times in recent years, including legal actions resulting from the Sandy Hook tragedy more than a decade ago. Remington owned Bushmaster, which made the rifle used by the killer. It was purchased by his mother, whom he murdered prior to the school rampage.
Subsequently, a group of investors purchased the Remington brand, according to the ABC report, which included the Ilion operation and one in Lenoir City, Tenn.
Meanwhile, Let’s Talk Body Counts
The numbers will be coming in this week from various cities around the country about how many people were murdered in 2023. We’re talking about Chicago, New Orleans, Baltimore, Detroit, Atlanta and, of course, Seattle, which set a new record for killings way back on Dec. 1. I expect a final tally virtually at any moment.
There are two good resources for some of this stuff. In Chicago, it’s the popular site Heyjackass.com. In Seattle, there’s a site on “X” (formerly Twitter) called Seattle Homicide.
The Citizens Committee for the Right to Keep and Bear Arms issued a scathing statement on Seattle’s dubious record, calling it a “disaster.” CCRKBA opposed a tax on gun and ammunition sales adopted by Seattle back in 2015. The tax was touted as necessary to raise money for fighting so-called “gun violence.” In 2016, the city racked up 20 slayings. The Jet City has more than tripled the body count in seven short years.
Gottlieb, who also chairs the Citizens Committee, couldn’t resist a bit of “I-told-you-so” when he released a statement to the local media: “Seattle, and the whole of Washington State, is proof positive that passing laws which only impact honest gun owners accomplish nothing to reduce violent crime. We warned people in 2014 that Initiative 594 would not prevent murder or mayhem, and we were right. We told Seattleites in 2015 the tax on guns and ammunition in their city would not prevent shootings or slayings, and we were right. We cautioned voters in 2018 that Initiative 1639 would not keep guns out of the wrong hands, and we were right, again. In fact, we have consistently been right about public safety issues while the other side is only interested in public disarmament.”
And the reaction from the gun control crowd? Crickets.
The Washington Legislature convenes next week. How much does anyone want to wager gun control is going to be high on the list of topics?
A resource I have used for more than two decades — Hodgdon’s Annual Manual — is now available with updated information for 2024. If you’re a reloader, you really ought to have a copy of this magazine-style book.
Inside, you will find more than 6,000 load suggestions for hundreds of metallic rifle and handgun cartridges, along with more than a thousand recommendations for 12-gauge shotgun shells.
The 2024 edition includes data for the new Ramshot Grand magnum rifle powder, Remington 360 Buckhammer, Winchester 400 Legend, and updated data for more than 70 rifle and handgun cartridges. You will find data for Hodgdon, IMR, Winchester, Ramshot and Accurate propellants.
I’ve actually “discovered” data for cartridges using different propellants which produced great loads for my .357 and .41 Magnums, and both the .45 Colt and .45 ACP using different bullets. I keep one on the rack above my loading bench, and another copy in my office, for reference.
Mailbag
We should appreciate Maine State Rep. Lori Gramlich (D-Old Orchard) for her honesty (Insider Online, Dec. 1). She states, “I personally don’t see any reason for those weapons to be on the street in the hands of citizens.” Her public admission of being out of touch with reality is refreshing. Additionally, she makes it clear that she should not be in a position of making policy or laws as it is simply her personal viewpoint.
Rep. Gramlich is not considering the public good. I agree with Lori Gramlich and her ilk. They have no interest in taking personal responsibility for the safety of others and should, therefore, not own firearms. However, they have no right to insist that their shortcomings be foisted on those citizens who wish to be responsible for themselves and others.
Prior to moving to New Hampshire, I lived in the city — New York City, for those that live west of the Hudson River. Most folks there, at least at that time, were not people who owned firearms. I’m speaking as a percentage. One attorney I knew was emphatic in his belief that no one should own firearms. I told him his point was valid in the context that he, and people like him, did not have the maturity and mental composure to own a weapon.
The horrific tragedy in Israel on Oct. 7, should make a clear point to those who erroneously believe an unarmed citizen is somehow safer.
Mitch Rosen
New Hampshire
Dave replies: The Israel outrage apparently taught at least some people in this country a valuable lesson about public disarmament. Anecdotal evidence suggests many Jewish people have been responsibly buying guns for personal protection in the months since that attack, possibly due to a reported increase in hate crimes. The tragedy in Lewiston, Maine, where the victims were in two business establishments where concealed carry, was apparently discouraged. One cannot defend against savagery when one doesn’t have the tools, or the wherewithal to use them. Thanks for reading Insider Online!