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Fourth Circuit Reverses Ruling That a Ban on Gun Sales to Adults Under 21 is Unconstitutional

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hourglass hour glass
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In July, a Fourth Circuit Court of Appeals panel ruled that banning sales of firearms to adults under 21 is clearly unconstitutional. The ruling noted that “Our nation’s most cherished constitutional rights vest no later than 18. And the Second Amendment’s right to keep and bear arms is no different.”

That was then. This is now.

Now, the plaintiffs in the case, Tanner Hirschfeld and Natalia Marshall, are both 21 years old. Each had tried to buy firearms in Virginia and were refused. As a result of the delays inherent in the legal process, that fact makes the suit she filed against the ATF moot. Or so a Fourth Circuit panel ruled yesterday.

Fromt the Washington Post . . .

The challenge to the age restrictions was brought by prospective handgun buyer Natalia Marshall, who was unable to purchase a handgun from a federally licensed firearms dealer in Virginia because of her age. Once Marshall turned 21, she was no longer prohibited from buying a handgun, and there was no longer a legal controversy, the court said.

Marshall’s attorney had tried to add a new, younger plaintiff to the appeal — two days after Marshall turned 21, according to the court. By then, the court said, the case was moot.

Elliott Harding, who represents Marshall, said Wednesday that he is not giving up.

“One way or another, these laws are going to continue to be challenged,” he said. “It’s unfortunate that the Government will evade the repercussions of the court’s thorough ruling simply because the nature of the laws at issue allow them to escape final review through our lengthy litigation process.”

Read the full ruling here.

ACLU: We Need to Restrict the Second Amendment to Preserve the First

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Constitutional carry map gif
Right to Carry Timeline
Courtesy Wikipedia

 

The America Civil Liberties Union, which has never been able to count to ten and remember to include number two, is apparently unaware that more than 40 states have either shall-issue or some form of constitutional (permitless) concealed carry laws. And somehow the Americans who live in those states have full access to and use of their First Amendment rights.

New York’s restriction on public carry serves the state’s profound constitutional commitment to free expression — one that exceeds the United States Constitution and has made the state a cultural center for the nation and the world.

“Like most other rights, the Second Amendment is not absolute, and there are important First Amendment interests at stake when it comes to the carrying of guns in public,” said ACLU Legal Director David Cole. “The widespread and unregulated presence of guns in public spaces can chill our rights to assemble, protest, and speak out, and states are justified in regulating public carry to help promote trust that all will be free to exercise their right to free expression without worrying about getting shot.” 

ACLU press release announcing their amicus brief filed in New York State Rifle & Pistol Association v. Bruen

Gun Meme of the Day: A Shot At Budget AR-15s Edition

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BuT I cAn bUiLd ONe jUSt As g0oD fOr So MUch lEsS!

 

Faxon Introduces New Line of EXOS Pistol Compensators

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Faxon EXOS Pistol Compensator

 

From Faxon . . .

Faxon Firearms, a Cincinnati, Ohio-based manufacturer of quality rifleand pistol components, and complete firearms, is excited to announce their new line of EXOS Pistol Compensators.

The team at Faxon Firearms is continuing to expand their product offerings for handgun enthusiasts and consumers. So far this year, they have released barrels forM&P Shield/Shield Plus, Glock 43/43X, and SIG P365 & P365 XL, as well as Modular Magazine Extensions for Glock 19.

Faxon EXOS Pistol Compensators come in 3 models:

EXOS-513 for Glock and Faxon FX-19
EXOS-514 for M&P
EXOS-515 for SIG

Each model is designed to enhance both the features and aesthetic appearance of their designated platform(s).

Faxon EXOS Pistol Compensator

EXOS pistol compensators are machined from 6061 Aluminum and then black anodized. They feature a unique porting design to improve consistency while reducing muzzle climb and recoil.The compensators will ship complete with set screws, Allen key, and thread locker.

Faxon will be releasing the EXOS comps to the general public on Wednesday, September 22 with an MSRP for all 3 models set at $85. You can learn more about the EXOS Pistol Compensators, as well as watch the product trailer and installation tutorial at FaxonFirearms.com/PistolComps.

Washington Prosecutor Won’t Charge Cops Who Shot and Killed Alleged Antifa Killer Michael Reinoehl

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Reinoehl shooting portland antifa
Officials work at the area late Thursday, Sept. 3, 2020, in Lacey Wash., where a man suspected of fatally shooting a supporter of a right-wing group in Portland, Ore., the week before was killed as investigators moved in to arrest him. Michael Reinoehl, 48, was killed as a federal task force attempted to apprehend him in Lacey, a senior Justice Department official said. Reinoehl was the prime suspect in the killing of 39-year-old Aaron “Jay” Danielson, who was shot in the chest Saturday night, the official said. (AP Photo/Ted Warren)

 

From the Associated Press . . .

A Washington state prosecutor has decided not to file criminal charges against police who shot and killed an antifascist fugitive wanted in the highly publicized death last year of a right-wing demonstrator in Portland, Oregon, last year.

A U.S. Marshals-led task force was trying to arrest Michael Reinoehl, 48, at an apartment complex in Lacey, near Olympia, in September 2020 when four officers fired at him as he exited his car.

Reinoehl, who was armed, was on the run after being caught on surveillance video shooting Aaron “Jay” Danielson, a supporter of the far-right group Patriot Prayer, on Aug. 29, 2020, after demonstration backing then-President Donald Trump.

Trump cheered on the manhunt for Reinoehl, tweeting just before he was killed for police to “Do your job, and do it fast.”

In a memo dated Monday, Thurston County Prosecutor Jon Tunheim found that the use of force was justified, Oregon Public Broadcasting reported.

The Thurston County Sheriff’s Office previously determined that Reinoehl likely fired first at the officers, based on witness and officer statements as well as a spent shell casing discovered in Reinoehl’s vehicle.

Reinoehl’s gun — the same .380-caliber handgun he used to kill Danielson — had a fully loaded clip, but no bullet in the chamber. Investigators said they couldn’t prove when that shot was fired because they never found the bullet.

According to a summary of the investigative findings released last spring, the officers at the scene said that Reinoehl failed to comply with their commands and that he reached for his gun. Witnesses reported that task force members were readily identifiable because of their badges, vests and markings.

Michael Reinoehl is seen during a protest in front of Mayor Ted Wheeler’s residence Friday, Aug. 28, 2020, in Portland, Ore. Reinoehl, suspected of fatally shooting a supporter of a right-wing group in Portland last week, was killed Thursday, Sept. 3, as investigators moved in to arrest him, a senior Justice Department official told The Associated Press. Reinoehl, 48, was killed as a federal task force attempted to apprehend him in Lacey, Wash., the official said. Reinoehl was the prime suspect in the killing of 39-year-old Aaron “Jay” Danielson, who was shot in the chest Saturday night, the official said. (Beth Nakamura/The Oregonian via AP)

The officers who fired at Reinoehl were Jacob Whitehurst with the Washington Department of Corrections, Pierce County sheriff’s deputies James Oleole and Craig Gocha, and Lakewood police officer Michael Merrill.

Braden Pence, an attorney representing Reinoehl’s family, called Tunheim’s report “disappointing but not surprising.”

 

Gat Monkey Announces New Line of Premium Streamlined Cam-Lock Rifle Slings

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From Gat Monkey . . .

Gat Monkey, American manufacturer of streamlined premium rifle slings, is proud to announce the expansion of their product line to include several new functional but fashionable sling patterns, available immediately.

Founded in 2020 and veteran owned/operated, Gat Monkey has sought to fill a gap in the market by offering high-quality low-profile slings in unique patterns that range from functional to fun. Using a unique Cam-Lock system, Gat Monkey slings offer smooth, rapid, and secure adjustment eliminating the frustration of slings backing out of their adjustment under recoil or movement. Gat Monkey has also taken a lower profile with it’s slings to limit interference with other gear, and to keep slings easily stowable on the rifle.

With two dozen sling colorways, four new patterns are now available: Desert Battle Dress Uniform, Rhodesian Brushstroke, Russian Red Dawn, and PewPew. Three classic vintage camouflage patterns to allow end-users to effectively LARP in any environment, and a classic comic book throwback pattern to our youth because sometimes, going to the range is still just as fun as we imagined it to be while reading G.I. Joe comic books with a flashlight.

Regardless of pattern, Gat Monkey slings feature all steel hardware, and carry a 100% Lifetime Quality & Satisfaction Guarantee. While Gat Monkey slings are fun, the care and attention put into their products could not be more serious. Every sling is manufactured in the United States by US Military Veterans, with materials, hardware, and stitching patterns thoroughly tested prior to selection for production slings.

Gat Monkey slings are available in 23 different patterns, on their website; www.gatmonkey.com

DOJ Needs More Time to Process Over 200,000 Comments on Proposed Pistol Brace Regulation

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Pistol arm stabilizing brace
(Travis Pike For TTAG)

 

From the Second Amendment Foundation . . .

Nine months after the Second Amendment Foundation sued the Department of Justice and Bureau of Alcohol, Tobacco, Firearms and Explosives in federal court over ATF’s flip on how it regulates stabilizing braces on pistols, the DOJ and SAF jointly asked for a continuation of a stay in the legal action to allow processing of more than 211,000 public comments on a proposed rule on “Factoring Criteria for Firearms with Attached Stabilizing Braces.”

The process is expected to require more than four months.

Under the original proposal, guns with stabilizing braces would suddenly be regulated under the National Firearms Act the same as short-barreled rifles. That would require a special license and $200 fee for each firearm fitted with a brace. Without the special license and fee, guns fitted with the stabilizing braces would be illegal to own.

Back on May 4, the court granted an agreed motion for a stay, which was extended on June 15, after the defendants published the proposed rule in the Federal Register seeking public comment. The comment period was 90 days, during which time the agency was flooded with comments.

According to a Joint Status Report filed with the court, it will take more than 120 days for the DOJ to process all the responses. All parties agreed to the delay, according to SAF and have requested that they be allowed to file another Joint Status Report on or before Jan. 19, 2022.

“Depending upon the DOJ’s final ruling,” said SAF founder and Executive Vice President Alan Gottlieb, “SAF reserves the right to amend the court filing to include provisions of the new rule.”

Joining in the SAF lawsuit were Rainier Arms, LLC and two disabled private citizens, Samuel Walley and William Green.

In addition to DOJ and ATF, the lawsuit also named acting ATF Director Regina Lombardo and Acting Attorney General Jeffrey Rosen, in their official capacities. The lawsuit was filed in U.S. District Court for the Northern District of Texas, Dallas Division. The case is known as SAF et. al. v. BATFE, et. al.

When SAF filed the lawsuit, Gottlieb acknowledged, “There are several issues at play in this case. It concerns the failure of the agencies and its officials to abide by long-established and Congressionally-mandated rulemaking requirements, threatening rights protected by the Second Amendment. Another issue is the question whether the Executive Branch has the authority to re-define stabilizing braces without approval of Congress. This is especially important to disabled persons because these devices were originally developed to benefit shooters with physical disabilities.”

However, stabilizing braces are now used by people with and without disabilities and more than 2 million have been sold, the lawsuit estimated.

In late August, SAF reminded gun owners about the original Sept. 8 deadline for comments. At the time, Gottlieb warned, “ATF wants to reclassify millions of stabilizing brace-equipped pistols by making them subject to the National Firearms Act. If that happens, current owners of such pistols would need to register their guns and pay a $200 tax on each one, or turn it in to the ATF, or take one of several other undesirable options.”

 

The Second Amendment Foundation (www.saf.org) is the nation’s oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 650,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control.

Biden Administration Files Supreme Court Brief Supporting New York’s May Issue Gun Control Law

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Supreme Court Gadsden flag scotus
Courtesy Jeff Hulbert

New York’s longstanding proper-cause requirement does not violate the Second Amendment.

A. The Second Amendment protects an individual right to keep and bear arms, but that right is not absolute. For centuries, legislatures in England, the colonies, and the States have protected public safety by adopting reasonable regulations governing who may possess weapons, which weapons they may possess, where and when weapons may be carried, and how they may be manufactured, sold, and stored.

A court considering a challenge to an arms regulation should begin with text, history, and tradition. This Court’s decision in District of Columbia v. Heller, 554 U.S. 570 (2008), instructs that those sources may definitively validate or invalidate the challenged law: The Court struck down a uniquely restrictive law banning possession of handguns in the home, but emphasized that the Second Amendment permits a wide range of measures that are fairly supported by our Nation’s tradition of gun regulation.

Text, history, and tradition will not conclusively determine the validity of some laws—especially new measures adopted to address new conditions. In such cases, courts should apply the judicial method reflected in the relevant history and tradition by asking whether the challenged law is a reasonable regulation—or, to put it in modern terms, whether the law survives intermediate scrutiny.

Federal law illustrates the types of regulations that legislatures may constitutionally adopt. Congress has disarmed felons and others who may be dangerous or irresponsible. It has forbidden the carrying of arms in sensitive places, such as courthouses and school zones. And it has extensively regulated commerce in arms. All those regulations pass constitutional muster. 

B. New York’s proper-cause requirement is likewise constitutional. Throughout the Nation’s history, legislatures have adopted regulations to address the distinctive risks posed by the public carrying of concealed or concealable arms. New York’s law—which is itself a century old—fits squarely within that long tradition. And even if that tradition left any doubt, New York’s proper-cause requirement would also satisfy intermediate scrutiny. It serves public-safety interests of the highest order. It applies only to the carrying of arms in public. It covers handguns, but not most rifles and shotguns. And instead of prohibiting the carrying of handguns entirely, it allows those who need to carry them for self-defense to do so.

Amicus Brief filed by the United States in New York State Rifle & Pistol Association v Bruen

Gun Meme of the Day: They’re Five ARs Safer Edition

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The math checks out! He’d probably believe it, too, as long as there’s no “shoulder thing that goes up.”

 

A New Classic: The Remington Prospector Baby Bullet Knife With Jigged Bone Handles

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Remington SMKW Baby Bullet Knife Prospector

From Remington . . .

Remington has announced a licensing partnership with Smokey Mountain Knife Works (SMKW) to develop and distribute the 2021 Remington Bullet Knife, “Prospector”. Originally introduced in 1922, the Remington Bullet Knife series is widely known and sought after by Remington fans, knife enthusiasts and collectors alike.

“This knife has it all: nostalgia, functionality and quality,” said Danny Evans, Remington’s Director of Licensed Products. “SMKW has a longstanding relationship with Remington in licensed products. It was a natural fit to build on our partnership with SMKW and their long tradition with the Bullet Knife series.”

Remington SMKW Baby Bullet Knife Prospector

In 2021 Remington Ammunition continues to define a new era for such a heralded brand and the Remington Bullet Knife is another example of just how far Big Green has come. This Remington “Prospector” Bullet Knife is hand-crafted and finished to the highest quality standards by trained craftsmen. Remington Bullet Knives have been among the most collected knives of all time, and this knife both continues that long tradition and ushers in a new level of quality and craftsmanship delivered by SMKW.

Remington SMKW Baby Bullet Knife Prospector

“The most important fact about the Bullet Knife is that it has always been USA made,” said SMKW Founder Kevin Pipes. “We partner with the finest knife craftsman in the country to produce our knives, including Great Eastern Cutlery who is making this year’s Bullet Knife. The overwhelmingly positive comments attest to the knife’s quality and collectability. You can’t go wrong making an investment in “The Prospector.”

Made in: USA
Price: $169.99

 

The Media Make It Clear The Problem Isn’t The Guns, It’s You

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atlanta cnn riot
(AP Photo/Brynn Anderson)

By Larry Keane

CNN’s not even pretending to hide their antigun bias these days. Two reports over the weekend painted gun owners as a scourge on America while at the same time giving criminals – and Chinese communists – a free pass.

CNN posted a report on the soaring level of criminal violence in America. The report’s headline stated that 2021 could be the worst year in decades when it comes to crime. Statistics were cited from the Gun Violence Archive through mid-September, noting that 14,516 people died from what they define as gun violence, a nine percent increase over 2020.

CNN also reported Gun Violence Archive’s data showed mass shootings are on the rise, claiming 498 were committed through mid-September, or 1.92 each day of the year. That ticked up, according to their calculations, by 15 percent over last year.

CNN and Gun Violence Archive define mass shootings as four or more people killed or wounded in an incident, excluding the suspect. That’s not how the FBI defines it, though. Armed American News’ Lee Williams pointed out earlier this year the figures are being inflated for shock value.

Gun Violence Archive reported that in 2019 there were 417 mass shootings, but the FBI counted just 30, because they stick to a traditionally accepted definition. The FBI excludes incidents of self-defense, gang violence, drug violence and others.

CNN presented this report of crime spiking alongside information that firearm sales were also at record levels. The pairing of the information leads a reader to believe that there’s a correlation between the two – or even causation. The inference is that because guns are selling at record levels, criminal violence is the result.

Facts Matter

In fact, gun sales are at records levels. More than 21 million background checks were conducted for the sale of a gun in 2020 and so far in 2021, there have been over 12.4 million. Last year, an estimated 8.4 million people purchased a firearm for the first time and in the first six months of this year, over 3.2 million have also legally bought their first gun.

CNN’s article briefly touched on what might be driving the crime spike, pinning the causes on the pandemic and racial strife. However, COVID-19 symptoms don’t include sudden lawlessness or violent criminal intent. The report glosses over the tolerance by elected officials for rioting, looting and burning of cities.

 

Portland police protest black lives matter defund police
(AP Photo/Noah Berger, File)

Portland, Ore., witnessed riots for over 100 days straight. Judges turned criminals out on reduced and no bail policies, only to have those criminals standing before the bench hours later for more heinous charges including murder.

The authors attempted to link rising crime with increased gun buying, not for a moment pausing to think that gun sales rose because of rising crime. It is an anathema to some reporters that Americans would defend themselves against lawlessness.

Praising Communist China

That wasn’t enough for CNN, though. The news outlet drew comparisons between the United States and China. They posited that both countries were born of armed conflict and now have radically different gun policies. The authors praised Communist China’s low rate of criminal violence involving a firearm.

“The difference is stark when it comes to public safety,” the CNN authors wrote. “Despite being the world’s most populous country, with 1.4 billion residents, China only records a few dozen gun crimes a year.”

CNN completely whitewashed that America was a nation founded in protecting personal liberties while China’s revolution was a communist takeover. The disarmament policies instituted by Mao Zedong not only stripped Chinese of their firearms, Chinese also lost the ability to protect themselves against their own government.

China Chinese military police flag communist
Chinese paramilitary police march near a sculpture of the Chinese Communist Party flag outside the Museum of the Communist Party of China in Beijing on Wednesday, June 23, 2021.  (AP Photo/Ng Han Guan)

The Washington Post reported Mao’s bloody campaign to “purify class ranks” resulted in the deaths of as many as 40 to 80 million Chinese. That started with landowners in 1949 and later included Christians, Chinese Nationalist sympathizers, counter revolutionaries and “bad elements,” which included tens of thousands to millions executed in the 1950s by government authorities that controlled all the arms. Other deaths are attributed to disastrous policies that resulted in widespread famine.

It’s About Control, Not Just Guns

This all seems outlandish, but this is what is being pushed by mainstream media. It’s not a new notion, but one that National Review’s Kevin Williamson noted in a series of articles that gun control groups and the politicians that carry their mantra into Congress and state capitals are keen on instituting gun laws on gun owners – who are exceedingly law-abiding. Gun purchasers are required to pass the FBI’s National Instant Criminal Background Check System (NICS), or similar state systems before they can take possession of a firearm.

Criminals don’t pass background checks. They go around them and illegally obtain guns. They also don’t care, Williamson wrote. The striking part is gun control politicians aren’t proposing to hold criminals responsible. They’re only targeting the law-abiding. Williamson pointed out that gun control isn’t interested in controlling guns as much as they are interested in controlling gun culture.

“From that point of view, what matters is not that retail gun dealers and their clients are dangerous — which they certainly are not — but that they are icky.”

That notion was cemented even among a minority of gun owners who supported the view put forth by a New York Times columnist about the need for increased gun control. The commenter started with, “As a gun-owner and carry-concealed holder in Oklahoma,” and later distorted the Second Amendment before tarring every AR-15 owner as loudmouth braggards with little-man complexes.

“That kind of sneering really gets to the heart or the issue — this is not a crime-policy debate, but a culture-war exercise. It’s not ‘these guns,’ it’s ‘these people,’” Williamson wrote.

That’s what makes it easy for CNN to dismiss gun owners while overlooking criminals and murderous regimes when pushing a gun control narrative. It’s not really about the guns. It’s about you.

VIDEO: Crimson Trace RAD Launch Event Behind The Scenes

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Last week Dan and I visited Gunsite Academy as part of Crimson Trace’s RAD Rapid Aiming Dots launch. We did a bunch of training and shooting with CT’s new RAD optics line mounted to both pistols and rifles, and managed to snag some footage along the way:

In addition to the RAD Max, the Radian Weapons Model 1 AR-15 was also equipped with a CMR-301 light+laser, which was awesome. The Gen5 GLOCK 19 MOS was rocking a RAD Pro and a CMR-207G light+laser.

To see ’em in action, click play on the embedded video above or click HERE to watch it directly on Rumble.