Hunter Walks in 3, 2, 1…

Hunter has been charged for being a drug user purchasing a firearm. Now that this law is going to be gone, he will walk. Who knew that Biden would rid us of more gun laws than Trump? Score:

  • Trump: 1 (bump stock ban)
  • Biden: 0 (-1 for drug user and guns, +1 for arm braces)

EDITED TO ADD: For those who say that the only reason Hunter is being prosecuted, read on. Of the 478 referrals for lying on a 4473, there were 298 criminal charges filed- that’s a charging rate of 62%. That’s high for most crimes. Among the most solved and charged felony in the US is homicide. 61.4% of reported homicides are charged. Only 14% of reported burglaries and 33% of reported rapes result in charges.

New Mexico

A situation is developing in New Mexico. The governor there has declared by executive order that no one can carry a weapon, concealed or open, despite having permits or whatever else state law has to say on the matter. You can read the executive order here. (pdf alert) As predicted, she is using her new found COVID executive powers from 2020 to declare a “health emergency” by noting that NM has seen an increase in violent crimes that is double the national average, while completely ignoring that this is due to the illegals flooding the state from the border that has been opened by her own political party’s lack of border enforcement.

The order only applies to public property like roads, sidewalks, and parks. Police and licensed security guards are exempt from the ban, because of course they are. Under the order, residents still can transport guns to some private locations, such as a gun range or gun store, provided the firearm has a trigger lock or some other container or mechanism making it impossible to discharge, which is in direct opposition of Supreme Court decisions.

When the press inquired as to the order’s constitutionality, she said her duty to uphold the constitution, as well as the constitution itself, is “not absolute.”

Some local police and sheriffs are refusing to enforce the order because it raises too many questions about constitutional rights.

Smart Guns, Stupid Reporters

This market report claims that smart guns are the future of firearms. I don’t think that they are. This report can be believed, since the reporter also claims that:

traditional iron sight, which can also help shooters look through an optical telescope for aim, red dot sights project a small light directly onto a target.

So iron sights help you look through a telescope for aim, and red dots project light? How can I take financial advice from someone who obviously doesn’t know what they are talking about?

Then the story goes on to be a bit more misleading.

gun owners overall are 63% male and 73% white, the study found.

Gun owners being 73% white actually means that whites are slightly underrepresented as gun owners, since whites are about 76 percent of the population. Math is a thing.

I don’t see how you can claim that 63% are male, since we don’t seem to know what male or female is any longer.

An Alternate View on 2A

Penn and Teller had a show called “Bullshit” that was on CATV a few years ago. The premise of the show was attacking people with stupid opinions. They tackled the Second Amendment and gun control in one episode.

An interesting take. The phrase “the right of the people to keep and bear arms shall not be infringed” is there precisely because the state has an armed militia, and the people may someday need to oppose that militia with arms because the state will use it as a tool of oppression.

ALERT: Universal BG Check EO Coming

From the GOA and from Breitbart news: President Biden is set to announce a new rule going into effect. Universal background checks will be going into effect for ALL firearms transactions. Any firearm that changes hands will soon require a background check, per a soon to be issued executive order from Biden.

How can Biden do this? A unique reading of changes made to 18 USC 921 that were made by the “Bipartisan Safer Communities Act” when Biden signed it into law on June 25, 2022. Yes, the word “bipartisan” is actually in the law’s title. The Republicans sold gun owners down the river. The law’s sponsors were none other than Florida’s Marco Rubio and Rick Scott.

Here is what the law did:

Section 12002 of the BCSA amends a subparagraph of the GCA definition of “engaged in the business” as it pertains to federally licensed firearms dealers, by striking the language “with the principal objective of livelihood and profit,” and replacing it with “to predominantly earn a profit.” As amended, the definition at
18 U.S.C. §921(a)(21)(C) reads as follows:
[“Engaged in the business,”] as applied to a dealer in firearms, as defined in section 921(a)(11)(A), [means] a person who devotes time, attention, and labor to dealing in firearms as a regular course of trade or business to predominantly earn a profit with the principal objective of livelihood and profit through the repetitive purchase and resale of firearms, but such term shall not include a person who makes occasional sales, exchanges, or purchases of firearms for the enhancement of a personal collection or for a hobby, or who sells all or part of his collection of firearms.

(text that was added is in bold, text eliminated is struck through)

By choosing to interpret it in a way that is most restrictive, this EO will direct the ATF to consider anyone who sells a firearm for more than they bought it for as being an unlicensed dealer. In one fell swoop, they have virtually eliminated all private sales. This also explains why the ATF has such a hard on for kitchen table dealers as of late. Read the entire thing here. (pdf warning)

An article released by the New York Times today is reporting that, “The regulations required to put the new law into effect — expected to be released soon — would require anyone who earns a profit from selling firearms to obtain a federal license and conduct background checks. Previously, dealers were required to join the federal system only if they derived their chief livelihood from selling weapons. Failing to register carries a penalty of up to five years in prison and $250,000 in fines.”

This is huge. In one fell swoop, the Biden administration has enacted the most sweeping change to gun control law in decades. The rules will be backed up by a renewed push to prosecute businesses that refuse to register by accessing bank records, storage unit leases, and other expenses associated with running an off-the-books gun business.

Make no mistake- if this is in fact the case, we are looking at a national firearms registry, and the only real purpose for registration is confiscation. It’s plain that the left is looking to completely circumvent Congress and will simply use executive orders and the administrative rule making process to create whatever laws and regulations that they wish, and in this case they were helped out with the help of Republican Senators.

I have said it plenty of times before- Just because the Democrats are your enemy doesn’t make Republicans your friend. Again and again, we see that Republicans only SAY that they are pro Second Amendment during election time, but then sell us down the river once they get our votes. Now they have figured out that the way to stay in power is to do what you are told. All Republicans care about is staying in power, and the writing is on the wall- play music to the tune dictated by the Left, or they will make sure you are gone. So Republicans are selling us out.

Things are going to get a lot worse before they get even worse. The year 2024 is going to be a cast iron bitch.

Still Fighting

The 80 percent firearm rule has been reinstated by Justice Alito, once again making 80 percent firearms illegal. Is SCOTUS finally being brought to heel by the threats from the left? Are we going to see a loss with regards to the ATF making up laws on behalf of an administration that can’t get its agenda passed by Congress? Only time will tell.

This law is very important to gun grabbers, because you can’t have firearms registration without serializing and its ability to aid in tracking firearms. Can’t have peasants with unfettered access to weapons, because that makes it impossible to crush them under your bootheel.

Court: 80 Percent Receivers are NOT Firearms

The Firearms Policy Coalition recently had a major victory in Federal court. On June 30, a Federal Judge in the Northern District of Texas struck down the ATF ruling that an 80 percent receiver is a firearm, and the order applies nationwide: the case is VanDerStok v. Garland. The judgement was final on July 5.

Last year, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) issued a new rule that improperly defined a range of inert objects as “firearms.” This new definition of “firearm” contradicted the text of the federal Gun Control Act. With this effort to rewrite federal regulations, the Biden administration tried to redefine tens of thousands of individuals into criminals. The FPC sued, arguing that the rule was illegal. The winning argument was that the ATF exceeded its authority.

On June 30th, Judge Reed O’Connor of the US District Court for the Northern District of Texas issued an order granting summary judgment in favor of the FPC and gun owners. This is a huge step forward. There will be an appeal from the ATF.

During the case, briefs were filed in support of the ATF by California, Colorado, Connecticut, Delaware, the District of Columbia, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, and Washington. So there is your complete list of the 18 anti-freedom states.

On the freedom side of things, the FPC was joined by Defense Distributed, the Second Amendment Foundation, and Blackhawk Manufacturing (doing business as 80 percent arms). For now, it’s time to celebrate a major victory on behalf of the Constitution and the Right to Keep and Bear Arms. Read some of Judge O’Connor’s concluding words in his opinion (note: “defendants” refers to the ATF):

In sum, there is a legal distinction between a weapon parts kit, which may be an aggregation of partially manufactured parts not subject to the agency’s regulatory authority, and a “weapon” which “may readily be completed [or] assembled . . . to expel a projectile.” Defendants contend that drawing such a distinction will produce the absurd result whereby a person lawfully prohibited from possessing a firearm can obtain the necessary components and, given advances in technology, self-manufacture a firearm with relative ease and efficiency. Even if it is true that such an interpretation creates loopholes that as a policy matter should be avoided, it not the role of the judiciary to correct them. That is up to Congress. And until Congress enacts a different statute, the Court is bound to enforce the law as written.

I agree. It is time to stop these bureaucrats from becoming a de facto legislative body.

Police Substations

The new hotness among governments in light of the Bruen decision is expanding places that are off limits to carrying concealed weapons. Make the entire city a special carve out of areas that are sensitive, and therefore off limits to carrying concealed weapons, and you can back door your way into a general gun ban.

It isn’t a new concept. Disney tried it by claiming that their license to import fireworks made the entire Orlando theme park complex off limits, and Universal Studios claimed that the presence of the “Digital Audio Visual Effects (DAVE)” college on the grounds of their studios made the entire theme park that was on the same property off limits to carry.

For the last several years, the one that appears to be spreading in Florida is the “Police Substation.” It works like this: a business agrees to let police sit inside of their establishment to do paperwork and take a break, and in exchange they get to put stickers on the entrance claiming that “This is a police substation for XXX police department” and viola- the business is now a police station and is thus off limits for legal concealed carry. The Lauderhill Mall is doing it– so is the Central Baptist Church in Sanford. The Westgate mobile home park in Largo has allowed police to use one of the vacant trailers on the property as a substation. Many hospitals are doing this as well. I have seen at least three of them in the past six months that have posted signs just like this.

I can’t find an answer in the statutes or in any Florida case law on this. Is a business location off limits to carry if they allow police officers to occasionally use a portion of the property as a resting or public relations base, if the property is primarily used as a business or other location, and the police are usually not there? I am writing emails to several prominent attorneys who do firearms rights advocacy to get an answer on this one. Anyone else here have any authoritative information in this?

More Information

As an addendum to my earlier post on the number of firearms in the US:

In 1997, the National Institute of Justice estimated that there were 200 million guns in private hands. (pdf not stored on this website alert)

From The Trace, which is hardly a right wing source:

According to historical ATF data, more than 465 million firearms have been produced for the U.S. market since 1899. This figure includes imports from foreign gunmakers but excludes exports by domestic gunmakers. 

So the ATF thinks that 265 million firearms have been manufactured and imported since 1945? I don’t think that those numbers are accurate at all. The ATF claims that from 2013 to 2021, there were only 100 million guns introduced into the US market. We KNOW that there were 250 million NICS checks performed in that same time period. Are we to believe that the same 44 million gun owners went to a gun store and sold every gun in the nation 3 times over? That math just doesn’t add up.

The Federation of American Scientists took the numbers that The Trace used, and decided that there are 350 million firearms in the United States. They are estimating that 20,000 privately made firearms were added to the total in 2021. The estimate that less than 40,000 PMFs were made since 2016. We know that number is low, because law enforcement has reported recovering more than that many in the past 4 years alone.

No one has any idea how many firearms are in the US, but I am certain that however many there are, there are far more of them than the government and press think there are.

In comments, there was reference to JWR’s piece on gun confiscations, and a part of it bears quotation:

Rather than meeting the police one-at-a-time on their doorsteps, I predict that resisting gun owners will employ guerilla warfare strategy and tactics to foil the plans of the gun grabbers:

1.) They will successfully hide the majority of their banned guns. This is just what many Europeans did, following World War II. There are perhaps a million guns in Europe that were never registered or turned in, after the war. Particularly in Eastern Europe, Scandinavia, Spain, and Greece, there is still massive noncompliance. It has now been 73 years since the end of WWII. So the gun registration noncompliance in Europe is now multi-generational.

2.) They will form small, fully independent “phantom” resistance cells. This is commonly called leaderless resistance. Such cells are very difficult to detect or penetrate. These resistance cells will carefully choose the time and location of their attacks, to their advantage.

3.) They will individually target the legislators who voted for unconstitutional gun ban legislation. This will make it  almost suicidal for these legislators to return to their home districts.

4.) They will individually target any outspokenly anti-gun police chiefs.

5.) They will target all BATF agents and FBI HRT agents–first with intimidation, and then with targeted killings.

6.) They will pillage or burn down the facilities where confiscated guns are being stored and destroyed.

7.) They will anonymously phone in false police reports about gun control advocates. (This is commonly called “SWATing.”)

8.) They will use time-delayed explosives, time-delayed incendiaries, time-delayed bursting toxin containers, cell phone-triggered IEDs, computer program worms and viruses, and long-range standoff weapons to minimize the risk of being detected, apprehended, or killed. Likely targets will be Federal buildings, courthouses, SWAT training facilities, police training ranges, and especially the private residences of anyone deemed to be a gun-grabber.

9.) They will use anonymous re-mailers and VPN to encourage others to resist by forming their own leaderless resistance cells.

10.) They will begin a War of Attrition on the Door Kickers, with tactics such as these:

  A.) Ambushing SWAT vehicles while in transit, rather than waiting for the SWAT teams to set up raids.

  B.) Ambushing individual SWAT team members at unexpected times and places–most likely at their homes.

  C.) Sabotaging SWAT vehicles, most likely with time-delayed incendiaries.

  D.) Targeting SWAT teams or individual team members while they are at home, in training, or when attending conventions.

  E.) Harassing and intimidating individual SWAT team members and their families. The systematic burning of their privately-owned vehicles and their unoccupied homes and vacation cabins will be unmistakable threats.

11.) They will individually target “gun control” advocates, organizers, and group leaders.

12.) They will individually target the judges that issue gun seizure warrants.

13.) They will individually target journalists who have vocally advocated civilian disarmament.

14.) Some owners of M1 Carbines, AR-15s and HKs in the resistance movement will convert them to selective fire. (They will assume: “Well, if it is now a felony to possess a semi-auto, then what is the harm in making it a full auto?”)

15.) They will be willing to wage an ongoing guerilla warfare campaign using both passive and active resistance until the collectivists relent. This would be something like “The Troubles” in Northern Ireland, but on a larger scale, with greater ferocity, and with far more weapons readily available. Unlike the IRA, which had to import arms, all of the the firearms, magazines, and ammunition needed for any American resistance movement are already in situ. It is noteworthy that the agreed “Decommissioning” the Irish Republican Army (IRA) was delayed for more than five years because of their remaining caches of arms, which by then included only around 1,000 battle rifles!)

The only flaw that I see in JWR’s claims is to note that the resistance is not targeting the families of the gun grabbing cops, politicians, and journalists. The cops will shoot and target the families of gun owners. It is a common tactic of the police to threaten the families of their intended targets with child services taking their kids. Don’t think for a second that the families of gun grabbers will be off limits. While Mr Door Kicker is off raiding a gun owner’s house, or Corporal Drone Pilot is putting a Hellfire into the front door of the Second Amendment Foundation’s headquarters, someone will be at the grabbers’ houses, killing off their families.

Civil wars are always ugly. One like this will be no different.

Figures Don’t Lie, but Liars Figure

In this editorial piece disguised as news and statistics, Yahoo tells us that there are only about only 16.7% of Americans actually own firearms.

the top twenty percent of all gun owners actually owned 55% of the guns. In terms of absolute figures, ten million people owned 105 million guns – for an average of ten guns per person, and the remaining 87 million guns were owned by 34 million people – for an average of 2.6 guns per person. The population of the U.S. was 263 million in 1994 – indicating that only 16.7% of Americans had actually owned a weapon.

So their claim is that 44 million people own all of the guns. That is complete and total bullshit, and I can prove it. Let’s use concealed weapons permits as an estimate of the number of gun owners. Florida alone has approximately 2.6 million active concealed weapons permits. With 12% of all Florida residents having a concealed weapons permit, this would mean that three in four gun owners have a CWP. That would be a very high percentage, indeed.

How many people in Florida have weapons but no CWP? That is impossible to know, but what we do know is that the Florida Department of Law Enforcement conducts 1.5 million instant background checks for firearm purchases per year. The anti-gunners are claiming that all of these firearms are being sold to the same people over and over.

I just don’t see it. It is far more likely that, when called by some random “survey taker” that the person answering the phone either says, “Guns? We don’t have any guns here,” when asked, or they simply refuse to take the survey. I just don’t think that surveys are a reliable means of “research” on any topic like firearms. I might as well take a survey of high school boys, asking them about their number of sexual partners. I’m equally as likely to get an accurate count in either case.

These estimates of gun ownership rates are simple guessing. In fact, the Rand corporation estimates that as many as 28 percent of Floridians are firearm owners, and Florida is outpaced in ownership rates by at least 9 other states. According to that study, rates range from 3.4% in Massachusetts to more than 33% in Mississippi. Even with this method, these “studies” are little more than guesswork.

Just in the 20 years between 1999 and 2019, over 42 million rifles were manufactured (pdf alert). Between 20% and 50% of all rifles manufactured in the USA are AR-15 pattern rifles, including all of the variants like the AR-10, and all of the miscellaneous caliber variations.

What we DO know is that there have been 460 million background checks run through the NICS system since it went online in December of 1998 (pdf alert). Just in the year 2020, there were 39.6 million NICS checks done. Now granted that NICS isn’t a complete count of gun ownership because it fails to capture sales done between private parties, guns stolen from dealers and common carriers, and multiple firearms sold in one transaction. Some sales will likewise be overcounted because checks are occasionally done through NICS for CWP permits that don’t result in a transfer, but NICS is the closest thing that we have to counting the number of firearms transfers in the US. Are we to believe that the number of firearms sold in the US from 1900 to 1998 is only 35 million, when Americans are busy buying more than 30 million firearms a year? Those guns sold in the 1980s aren’t going away. Guns last a long time. I myself own firearms that are over 100 years old.

No, they say. It’s because a few people are busy buying dozens of gun and tens of thousands of rounds of ammunition every year, they claim. The left would have you believe that there are just 34 million people buying those ~40 million guns in a year- more than one per person on average, year after year, while 6 out of 7 Americans aren’t buying any guns at all. Sorry, but that is complete bullshit. I wrote about this in June of 2016, and I guessed at the time that there were somewhere between 400 and 500 million firearms in the US. Since that time, there have been another 219 million NICS checks.

Looking at ammunition sales, American citizens (all civilian sales, including the cops) are buying around 10 to 12 billion rounds of ammunition- about $11 billion dollars worth- in a year. In fact, the American civilian market buys a third of all ammunition manufactured worldwide to all consumers- including the world’s militaries. To put that in perspective, that is more ammunition than was used by the entire US military during each year of World War 2, when the average was just over 10 billion rounds a year and the US armed forces had more than 15 million personnel.

My guess (and mine is just as valid as theirs) is that there are somewhere between 700 and 800 million firearms in the US, and I would also guess that the southeast US is seeing household gun ownership rates that are somewhere near 70%. What all of this means is that, outside of the major antigun metroplexes of NYC, Boston, Baltimore, San Francisco, and LA, more than half of households have at least one firearm, and more than a quarter of those households own at least one “assault weapon.” I would be willing to bet that my guess is closer to reality than the 17% figure that they are waving about. I’m not alone in that opinion. Even in 2016, there were bloggers guessing that there were more than 600 million guns in circulation.

Now I know what you are thinking- you had a lot of guns before the boating accident, and don’t think that millions of “super owners” is out of the question. Keep in mind that those of you reading this are most likely in the “gun culture” and are among the upper 1 or 2 percent of gun owners. I know people who own 100 or more firearms. Still, the most common gun owner has his dad’s hunting rifle in the closet, or a single handgun in his nightstand drawer and hasn’t been to the range in years, if ever. Even in the south, only about a quarter of gun owners regularly visit the range.

If even one percent of the gun owning public decides to respond in kind to being called an enemy of the people, there will be somewhere around 1.8 million people who are armed, pissed off, and know how to shoot. Many of them spend their weekends hitting small targets at thousands of yards, because they think it’s fun. They will not be lined up in neat ranks out in a field somewhere, just waiting for you to nuke or drone strike them.

The US police cannot even begin to control the gang problem in our inner cities, and the membership of those gangs is only around 800,000 or so and the gang members aren’t actively hunting cops, no matter what the cops try to claim. This is a fight that cannot be won, but they don’t care because liberals are not the ones who will be getting killed. Or so they think. That is dangerous thinking indeed. The people of each side who are the least stable will be the ones who decide when the violence begins and how far it goes.