This Week in Gun Rights is TTAG’s weekly roundup of legal, legislative and other news affecting guns, the gun business and gun owners’ rights. 

Florida Professor: The FDA Should Regulate Firearms

Lars Noah, a University of Florida law professor is arguing that the FDA’s authority over devices that can “affect the structure or function of the body” ought be used to limit the manufacture of firearms. This is an aggressive re-interpretation of “devices,” usually covering things like pacemakers.

This is a frankly absurd suggestion, but nevertheless, it’s important to keep abreast of what “thought leaders” are pushing in our space. If you thought the ATF was a nightmare to deal with, just remember how the FDA endeavors to keeps us 20 years behind the rest of the world when it comes to medical technology.

That said, I can’t think of many firearms designed and intended to treat medical conditions, so it’s not a theory to be overly concerned with. That said, the concept of shoehorning additional administrative agencies into our lives certainly is.

Joe Manchin may be the last thing stopping federal gun control

Joe Manchin senate gun control
Courtesy Manchin for Senate

Citing his previous promise not to vote to end the filibuster or pack the courts, GOA are arguing that it’s up to Joe Manchin to prevent gun control from going forward.

Many are looking at the 50/50 senate makeup as a massive concern, with Harris being the tiebreaking vote. That makes the filibuster, which takes 60 votes to terminate, of paramount importance to the prevention of egregious gun control laws. There are one or two senate members on the democratic side that exhibit at least some level of principle. It may not be comforting, but the future of gun rights in this country likely indirectly rests on Manchin’s shoulders.

ARFCom’s Owner responds to big tech’s takedown

In the latest display of big tech’s apparent disdain for the 2A community, GoDaddy told AR15.com wonders that the site was being taken down for “promoting and encouraging violence.” This was allegedly due to forum posts which referred to political violence, during a time following the capitol raid where site moderators couldn’t keep up and remove posts that violated the site’s terms.

The AR15.com owners weren’t given an opportunity to clean up the offending content, just immediately denied their domain registry. Don’t worry, they’ve moved their registration and are back up and running. 

Gary Farmer pushing semi-auto ban in Florida

Expo Arms AR-15 parts accessories
Courtesy Expo Arms

After the failure to get an assault weapon ban on the ballot, Florida grabbers haven’t given up. Gary Farmer, Florida state senator, has introduced SB370, styled after the Clinton-era assault weapon ban. This is one of the most egregious assault weapon bans I’ve seen, and it’s being offered in the most gun-shaped state in the union.

It’s frankly absurd, including the name-specific ban (which includes massively expensive, collectible guns that trade hands for many thousands of dollars), plus a single-feature test (where if your magazine-accepting firearm has any one specific feature, it’s affected by the ban).

The “grandfathering” would require application for a possession permit for each affected firearm and magazine over ten rounds. The only way to acquire a covered gun after the effective date would be to have someone leave it to you in their will or trust.

Victories against knife control

SOG Flash AT XR
Dan Z. for TTAG

Sometimes it’s important to remember firearms aren’t the only type of arms we’re entitled to keep and bear. Ohio Governor Mike DeWine signed Ohio’s knife reform bill, SB140, getting rid of the state’s ban on switchblade and gravity knives, as well as getting rid of the prohibition on carrying various knives in the state. In New Hampshire as well, we saw a bill strengthening its knife law preemption signed.

Lyft driver fired for using gun in attempted carjacking

Lyft rideshare driver fired dgu
Shutterstock

A female Lyft driver picked up a pair of young men who requested a ride to a sports facility. As she approached the destination, she became concerned as it appeared closed. That’s when the passengers began attacking her. She fought back, grabbing her gun and firing. What could add insult to this injury? Firing her. So that’s exactly what Lyft did.

Gun grabbers panic, refer to stand your ground law as “homicide-encouragement bill”

man scream horror fear
Bigstock

In a typical display, after the Arkansas senate approved a stand-your-ground law, state media referred to it as a “shoot-first” law and a “homicide-encouragement” bill. This, of course, completely missing the point that the law is about self-defense situations. The only thing immoral about the situation is placing any kind of presumptions against someone who has been unlawfully attacked. Stand your ground laws protect innocent life, nothing more.

UC Davis concerned about diverse new gun owners keeping useful arms

Dr. Garen Wintemute (AP Photo/Rich Pedroncelli, File)

Surprising to no-one but themselves, UC Davis researchers are linking gun purchases to the current pandemic. They’re also seemingly concerned that new gun buyers are so diverse, and that many people are storing their guns “unsecured.” Of course, when one purchases a gun because they fear unrest and lawlessness, it wouldn’t make much sense to keep its ammunition in another zip code.

 

 

51 COMMENTS

    • If the FDA can regulate guns, then the ATF should be able to regulate Oxycontin.

      Get ready for confusing and contradictory rules about what is an opiate, and what isn’t.

    • “Americans who wish to use firearms should join the State Antifa or State Service. Ordinary citizens don’t need guns, as their having guns doesn’t serve the State.”

      “We have only one task, to stand firm and carry on the racial struggle without mercy.”

      • Kind of like the Interstate Commerce Clause saying the domain of fedgov is limited to…everything under the sun. No, wait, we’ve already done that, haven’t we?

  1. Should FDA regulate guns?

    Why not? What is one more unelected bureaucracy taking control of our Constitutionally affirmed natural rights?… What the Hell, Doctors are already trying to insert themselves into the game under the guidance of the CDC, so who cares? I’m already “not in compliance” and barring some freak “boating accident” I’ll never need to buy another gun, parts kit, accessory, magazine or bullet as long as I live so let them regulate the sheep, the lions will ignore them just like all the rest of the “regulators” and they can’t regulate what they don’t know about…….

  2. They’ll probably try under some ginned up pretext or another. Same goes for other agencies/dept. such as OSHA, Commerce dept., etc. Even the FAA might get a piece of the action once they find out you can strap a stripped down AR to a quad copter. and remotely fire it accurately.

    • Gun Control Australia views guns a health issue. In the year I have statistics for, out of 180,000 recorded deaths firearms were responsible for THIRTY. Cycling accidents took care of 45. Intentional self harm was about 2,500. Medical malpractice was many times the intentional self harm.

  3. Almost All federal letter agencies need to be scrapped, The Constitution doesn’t list these as allowable expenditures!

    • Correct,Congresses powers are limited to these listed,anything not listed are extra constitutional aka un Constitutional.all agencies not listed as in most are not Constitutionally authorized.

      “The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defense and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;

      To borrow on the credit of the United States;

      To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;

      To establish a uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;

      To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;

      To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;

      To establish Post Offices and Post Roads;

      To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;

      To constitute Tribunals inferior to the supreme Court;

      To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations;

      To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;

      To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;

      To provide and maintain a Navy;

      To make Rules for the Government and Regulation of the land and naval Forces;

      To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;

      To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;

      To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings; And

      To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

      — Article I, Section 8 of the United States Constitution
      In addition to the above, Congress is granted a power by Article III Section 3: “The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.” Congress is also granted a power by Article IV Section 3: “The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State.”

      Several amendments explicitly grant Congress additional powers. For example, the Sixteenth Amendment grants the power to “lay and collect taxes on incomes, from whatever source derived.” A number of amendments include a Congressional power of enforcement.”

      • “Correct,Congresses powers are limited to these listed,anything not listed are extra constitutional aka un Constitutional.all agencies not listed as in most are not Constitutionally authorized.”

        That’s all and well so long as there is some agency or power to enforce the written word.

  4. … time to add cars, trucks, buses, airplanes, bikes, knives, forks, baseball bats, ladders, jet skis and half-a-million other things to that list that people end up killing themselves with.

  5. Food and Drug…maybe they need to take DEAs place, too…
    Would that leave ATF as AT…or ATE (explosives)
    Hmmm…alcohol and tobacco impact the body…FDA could handle those, too
    Oh…and so do explosives….
    Wow…we got rid of two whole agencies…
    LMFAO

    • alcohol and tobacco impact the body…FDA could handle those, too

      They already do… ATF, TTB and DEA are just the enforcement/”tax” collection agencies… FDA is responsible for determining the safety of “stuff” their list of responsibilities is extensive and adding firearms would probably require them to hire another 10 or 20 thousand people to keep up…

      Regulation of tobacco by the U.S. Food and Drug Administration began in 2009 with the passage of the Family Smoking Prevention and Tobacco Control Act by the United States Congress..

      Department of Justice’s Drug Enforcement Administration (DEA) works to enforce the controlled substances laws and regulations of the United States

      The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is a federal law enforcement organization within the United States Department of Justice

      TTB is responsible for enforcing federal alcohol laws: the alcohol portions of the Internal Revenue Code and the Federal Alcohol Administration Act

  6. Citing his previous promise not to vote to end the filibuster or pack the courts, GOA are arguing that it’s up to Joe Manchin to prevent gun control from going forward.

    How often has Manchin cast the deciding vote on an issue in a way that Chuck Schumer didn’t want him to vote?

  7. Pfht. ‘Should the FDA regulate gun?’.

    Gun shouldn’t be regulated AT ALL! You wouldn’t say that speech should be regulated and controlled… well… the left now thinks that even speech should be regulated and controlled now. Gotta regulate that speech in case someone else takes what you say as a call to action.

    • The chance Joe Manchin will vote strictly in a Constitutional manner are somewhere between slim and none, although I’d like him to prove me wrong.

  8. Should the FDA regulate guns? Well, of course the answer is “no”, but that is not the question that matters. The question that matters is, does the incoming administration care at all about what we say, what we think or what is constitutional? Well, of course the answer to all three is “no”. They look at us as intellectually inferior and unintelligent. They believe they know what is good for us because obviously to them, we do not. They are going to do whatever they want, regardless of what we want or say. They are going to shove unconstitutional gun control right down our throats. When we take the fight to the Supreme Court, they will do what they do best, refuse to hear any cases regarding the second amendment.

    • SCROTUM has proven it’s self worthless as it’s evident that their first duty is not to the Constitution as written,I wouldn’t hold my breath.

  9. Folks, you are all missing the elephant in the room. 11 million new democrat voters, uncontrolled migration across the southern border of more millions – all of whom will owe the democrats votes in return for their entrance and social services. YOU are being dis-enfranchised for at least the next 12 years, and NO, you are not going to go around shooting people like the gang-bangers in Chicago – your wives, girlfriends and children will turn you in, just as is happening to the January 6th mob. We are going to lose a huge chunk of the gun control fight in the near term. If you want to keep what you have, or get more there is only one way to do it. YOU HAVE GOT TO GET “OFF THE BOOKS” so there is no paper trail of your ownership. Find a friend, trade guns. Find another interested party, trade those guns with them. At least 3 levels of ownership diversion. Figure out a personally owned, off-site storage location that you will be able to use when the time comes. That way when the gestapo puts the lie detector on your arm you can honestly and truthfully say “nope, not me, I don’t know.”

    • I’m old, I gotz special diet’s and living conditions,three months in county would be a death sentence. If I’m wrong I’m wrong, but if I’m right and wronged, No handcuffs please.
      I’m sure I’m not the only one.

    • Nobody has the guts to pack the Court. As long as said Court stays closer to the middle than the far right, it will have a moderating influence for years, if not decades, to come.

  10. Laws are not effective if the citizens won’t comply. Any ‘Round 2’ of AWB won’t go as planned. Massive non-compliance.

  11. “Should FDA regulate guns?”

    As any form of government is strictly and expressly prohibited from any regulation of arms, as in “Shall Not Be Infringed”,Eff NO !

  12. It probably should. Boomers and Xers had every chance to comport themselves with a modicum of personal responsibility and we can see how that turned out. Blew their military-industrial handout-money on Harleys, boats and worse then raided the capitol over a reality-TV character. So, sadly, for the next say 20 or so years some “adult” baby-sitting will continue to be needed.

    • Blew their military-industrial handout-money on Harleys, boats and worse

      You bet your ass, AND it was fuking fun… Been there done that still got the T-shirt and three of those Harleys… OBTW I also bought 47 assorted rifles, shotguns, pistols and revolvers as well as crates of ammunition (tens of thousands of rounds) and boxes of miscellaneous repair kits and replacement parts.. I also used what I learned at a jungle warfare school in the Philippines and three years experience in Vietnam to prepare my mountain getaway for the very shitstorm that is about to land on us…. so GFY…..

  13. The Federal Food & Drug Administration should monitor and regulate the safety of food products and the safety and efficacy of medications and medical devices.

    Just as Theodore Roosevelt intended!

  14. WE THE PEOPLE HAVE RIGHT TO OWN GUNS , LTC , SHOULD BE OK IN ALL 50 STATES .

    HOWEVER AGREE NO ASSULT WEAPONS , RIFLES OR SHOTGUNS ALLOWED ON THE STREETS AT PIECEFUL RALLYS .

    • If you are considered legally qualified to carry a weapon by your home state, there should be no restrictions on how, where, or what you carry.

      Some states require mandatory training. My state does not, unless you want reciprocity with Washington and a few other states.

      I personally believe that a responsible citizen should undergo some voluntary training in preparation for this grave responsibility. If too many citizens prove to be irresponsible, that voluntary training may very well become mandatory in more and more states. If that happens, it’s best to think of mandatory training as a day at the range instead of a gross infringement.

  15. Next post- guns dot com.
    No comments allowed.

    Don’t.

    I can’t say bad enough about them.
    Idiots. They can’t read. None of them. Well, three of them. I should probably give credit to some employee there who can. Oh never mind. They are all stupid.

    I tried them once. I will never go there again. They are pure and simple stupid.
    Sorry if that’s giving stupid people credit.

    I use gunbroker. At least you can chat with the seller. Not some idiot who can’t even measure a barrel.

    Oh sure, they can and will take your money in a heartbeat, on their lies, but take days to reimburse you when they get caught in their lies.

    Personal experience-
    Negative 5.
    Don’t go there. Don’t use them.
    Stay away. You will not get what you want.

    • Never used them but always gave off a bad vibe to me.. Don’t know why. I usually trust my gut though.

      Met some really good people on gunbroker.

  16. We are preoccupied with the inch by inch gun control legislation when in reality what they will go after are the people who own the guns. They know as long as a desire for, freedom and independence courses through our veins we will, fight, work around, and not comply whatever new laws or regulations they throw at us.
    They already are openly talking about eliminating us for our thought, and some even use the term “reeducation”. While they move inch by inch towards our “red Line”, you know the one….the line that “if they cross it we will stand up to them”. While we keep moving our line back they are moving in from the rear.
    Gun ownership will become evidence of “wrongthink” and they there will be a lot of people who will turn their guns in when the choice is to lose your jobs or businesses or give up your guns.
    As we see with what happened to the first amendment it won’t be government denying your rights it will be their agents who are private business who will be the enforcers and the precedence has been set that they are allowed to deny constitutional rights without consequence.
    So yeah we will be able to keep our guns, but we won’t be able to work or engage in commerce….So if now is not the time to hold the line, and push back then that time will never come. The left never does anything honestly or up front, so stop focusing on what they are showing you and think about what their end game is.

    • Watch as the stress caused by doublethink causes leftists to snap. But unfortunately they might decide to snap in a shopping mall with a gun.

  17. Previous post
    Do not use guns dot com.

    They are idiots.

    They will sell you whatever you want, and then lie.

    Truly a bad experience.
    I’d use worse language but it’s early.

  18. Joe Manchin should not be trusted to do anything that is not to Joe Manchin’s best interest.

    Hint: the ad before the one referred to with the deer rifle had him with a full auto M-16 borrowed from a state Trooper at a range, that was poorly oriented, built for the specific purpose of the photo-op with Pittman-Robertson funds. It has since been decommissioned and the P-R funds essentially wasted, as overshots were reported in a barn wall over a mile away from the backstop in a bank. Google Pedlar WMA Range for details.

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