full text of second amendment A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
The Supreme Court recently declared a new standard for Second Amendment jurisprudence, "text, history, and tradition." Established by the 2022 landmark decision, NYSRPA v. Bruen, the text, history, and tradition test now governs laws restricting the right to keep and bear arms – invalidating any gun laws that fail to meet its standard. Second Amendment scholar, Prof. Joseph Blocher of Duke Law School explains the new test, its history, and some potential questions surrounding its application. Prof. Blocher explains that the new test supplants a prior 2A test, generally referred to as the “two-part test.” He then compares and contrasts the two-part test and the newly confirmed text, history, and tradition test and suggests some likely challenges in applying the new rule.
Justice Antonin Scalia wrote in the Heller majority opinion. “The Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home,” Scalia said.
If your seriously looking into the purchase of a fire arm for home defense you obviously have three basic categories. handguns (decent power, easily concealed and easily carried but generally best used at well under 30 yards in most hands) rifles have far more power but tend to over penetrate...
Selective fire weapon. May be encountered with or without bayonet, with wooden stock or folding metal stock. Used by Soviet Bloc countries and may be designated also as AKM, TYPE 56 (China), TYPE (58 N Korea), MPIKM E Germ., or RPK, TARIQ (IRAQ) depending on the country of origin.
Special Note
Commercial semi-automatic variations are currently being imported s and are NOT classified as machine guns.
Rate of Transfer Tax
$200.00
MP-43, MP-44 and STG-44 Assault Rifles
Classification
Machinegun
Distinctive Characteristics
Selector switch on side of frame permits either full or semi-automatic fire.
Rate of Transfer Tax
$200.00
Mauser Machine Pistol, 7.63mm (.3Ocal.)
Classification
Machinegun (Machine Pistol)
Distinctive Characteristics
The selector switch on the left side of frame permits full or semi-automatic fire; this weapon is usually accompanied by a wooden holster which is capable of attachment as a shoulder stock. However, with or without the attachable shoulder stock, this weapon is a machine gun.
0 Comments TOP STORY ATF: ‘Assault Weapon’ Term is Bogus
A Bureau of Alcohol Tobacco Firearms and Explosives (ATF) “white paper” correctly identifies “assault weapons” as a politically contrived term with no real meaning and recommends dramatic federal law revisions in how they are regulated.
Authored by ATF second-in-command Ronald Turk, the “white paper” also supports the proposed “Hearing Protection Act,” which would eliminate firearm suppressor regulations that costs the agency more than $1 million a year in overtime pay and occupy the time of 30 full-time employees despite a “lack of criminality.”
Turk’s “white paper” says the agency is interested in reforms that “promote commerce and defend the Second Amendment without significant negative impact on ATF’s mission to fight violent firearms crime and regulate the firearms industry.”
Turk wrote that the misleading “assault weapons” term to describe AK-and-AR-style rifles should be replaced with a “modern sporting rifles,” to reflect how the use and popularity of these firearms has grown. In fact, he noted, their use in “sport shooting” has grown “exponentially” and such guns “are now standard for hunting activities.”
The ATF official also argued in favor of changes in policy for the import of WWII-era military weapons, such as M1 Garand rifles.
Turk said the agency should support H.R.367, The Hearing Protection Act of 2017, which is co-sponsored by Rep.. Jeff Duncan (R-SC) and John Carter (R-Texas) and has been submitted to the House Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.
“In the past several years, opinions about silencers have changed across the United States. Their use to reduce noise at shooting ranges and applications within the sporting and hunting industry are now well recognized. At present, 42 states generally allow silencers to be used for sporting purposes. The wide acceptance of silencers and corresponding changes in state laws have created substantial demand across the country. This surge in demand has caused ATF to have a significant backlog on silencer applications. ATF’s processing time is now approximately eight months,” Turk writes.
PREDATOR PREEMPTION Alaska to FWS: We’ll Manage Our Own Wildlife
The U.S. House of Representatives on Feb. 14 is expected to vote on a proposal to permanently revoke a regulation that requires federal wildlife and habitat management priories automatically supersede state game management plans.
Alaska Rep. Don Young’s proposal — H.J. Resolution 49 — would specifically overturn an August 2016 final rule by the U.S. Fish & Wildlife Service that restricts hunting practices for bear and wolves on federal lands in Alaska, which Alaska claims violates the Alaska Statehood Compact and Alaska National Interest Land Conservation Act (ANILCA).
The Alaska-specific wildlife regulation has evoked a clear disagreement between many in the state over how to manage predators such as wolves and bears. Members of Alaska's congressional delegation have attempted to pass legislation to block the rules in the past but have been thwarted mainly by the limited amount of legislation that made it out of Congress last year.
In a Feb. 7 press release, Young said his proposal would "fundamentally alter not only how national wildlife refuges and the fish, wildlife, and habitats on them will be managed" but also the relationship between state and federal actors.
“There’s no question, the Fish and Wildlife Service rule – which lays claim to more than 20 percent of our state – violates ANILCA and the Alaska Statehood Compact,” Young said. “Not only does this action undermine Alaska’s ability to manage fish and wildlife upon refuge lands, it fundamentally destroys a cooperative relationship between Alaska and the federal government.”
Alaska filed a lawsuit on Jan. 13 challenging the authority of the National Park Service and the U.S. Fish & Wildlife Service to ban certain practices. Among the methods park service officials banned on federal land:
Taking wolves and coyotes (including pups) during the animals' denning season.
Taking black bears with artificial light at den sites.
Taking brown or black bears attracted to bait.
Using dogs in black bear hunts. State law currently prohibits using dogs to hunt big game, with an exception for black bears. The park service will no longer honor this exception on national preserves.
Shooting swimming caribou, a practice primarily used in the Noatak National Preserve in Northwest Alaska. Currently, state law prohibits taking big game that is swimming, but hunters may shoot a swimming caribou from a boat under power, and hunters can also shoot a caribou that has emerged from the water on the shoreline while the hunter is still in a moving boat. The new park service regulations will no longer recognize those exceptions on preserves.
In addition, Fish and Wildlife this summer imposed strict limits on predator control to its 77 million acres of national refuge land in Alaska, prohibiting:
Killing cubs or sows with cubs or brown bears over bait;
Using snares or traps on bears;
Killing wolves or coyotes from May through Aug. 9 and,
Taking bears from an aircraft the same day air travel has occurred.
STATE ROUNDUP North Carolina could be 12th state to adopt ‘Constitutional Carry’
Rep. Larry Pittman (R-Cabarrus County) has introduced House Bill 69, the Constitutional Carry Act, to eliminate the need for concealed-carry permits for North Carolinians who carry handguns. If adopted, any U.S. citizen 18 years or older would be able to carry a concealed handgun, unless that individual is otherwise disallowed by state or federal law.
Grass Roots North Carolinas says passage of the proposal would make North Carolina the 12th state with a “constitutional carry” law.
“A gun is a tool,” Pittman told the Associated Press. “It is only as good or bad as the intentions of the person carrying it. Concealed or open carry makes no difference, except that if we can carry concealed, criminals and terrorists have no idea which lawful citizens just might fight back. The government should not interfere with our freedom to do so.”
Pittman, who submitted a similar bill last year that got no traction, said the 2017 version has been changed to gain more support in the General Assembly. His plan would leave the concealed carry permit process in place for anyone who needs a permit while traveling in other states.
Pittman says his 2016 proposal faced greater odds because it would have requirement an amendment to the State Constitution. “This year, I have taken that part out of the bill,” he told the AP. “Another difference is that we are changing the language about not being able to carry concealed if you have an ‘other than honorable discharge’ from the military to if you have a ‘dishonorable discharge.’ I seem to remember that a few years ago, I tried to make a change about other weapons. This version only deals with firearms,” he said.
IN THE COURTS Second Amendment Foundation’s First Amendment Seattle suit dismissed
A King County Superior Court has dismissed a lawsuit by the Second Amendment Foundation (SAF) claiming that the city of Seattle’s decision to withhold data on how much money it collects from taxes and fees on gun and ammunition sales violates the state’s Public Records Act (PRA).
Last year, attorneys representing the SAF, its news publication, TheGunMag.com, and TheGunMag.com editor Dave Workman filed a lawsuit alleging the city was not complying with the PRA after it sought information from the city about its first quarter revenues from a controversial “gun violence tax” levied on the sale of firearms and ammunition in Seattle.
According to the suit, the city had refused to turn over the information on the grounds that it would violate the privacy of individual gun dealers by revealing the taxes they paid under the ordinance. And that concern was cited again last week when the suit was dismissed.
SAF founder and Executive Vice President Alan M. Gottlieb said when the city first imposed its “gun violence tax” of $25 per gun and 2 to 5 cents per round of ammunition, proponents said it would generate between $300,000 and $500,000 annually. All the SAF and other groups want, he said, is for the city to reveal how much money these levies are actually producing, noting their refusal to do so “puts the credibility of their initial revenue forecast in serious doubt.”
SAF is also involved in a separate lawsuit against the gun tax that is joined by the National Rifle Association and National Shooting Sports Foundation, along with two gun stores.
Workman said the matter is a First Amendment issue. “Seattle taxpayers and the firearms retailers who are directly affected by this tax have a right to know if the city projections were accurate or way off base,” he said in December. “We’ve never been interested in which retailer paid how much. We just want the public to know the tax revenue total, because the public has a right to this information.”
Seattle officials praised last week’s ruling. “We were pleased with the court’s decision today,” Assistant City Attorney Kent Meyer told CGMI News. The judge “denied the plaintiff’s motion for summary judgement, and that’s what we asked her to do.”
Workman’s attorney, David Edwards said all the SAF wants is information that should be public to be made public. “All (Workman) wants to know is how much Seattle has collected from this tax. Seattle won’t release that number.”
Bump-Stock-Type Devices
Please look this up on the BATFE web site
66514
Federal Register
/ Vol. 83, No. 246 / Wednesday, December 26, 2018 / Rules and Regulations
1
Regulations implementing the relevant statutes
spell the term ‘‘machine gun’’ rather than
‘‘machinegun.’’
E.
g., 27 CFR 478.11, 479.11. For
convenience, this notice uses ‘‘machinegun’’ except
when quoting a source to the contrary.
DEPARTMENT OF JUSTICE
Bureau of Alcohol, Tobacco, Firearms,
and Explosives
27 CFR Parts 447, 478, and 479
[Docket No. 2018R–22F; AG Order No.
4367–2018]
RIN 1140–AA52
Bump-Stock-Type Devices
AGENCY
:
Bureau of Alcohol, Tobacco,
Firearms, and Explosives; Department of
Justice.
ACTION
: https://garage.grumpysperformance.com/proxy.php?image=http%3A%2F%2Fwww.grumpysperformance.com%2FMar18%2Flives7.jpg&hash=151935228baf538aac0b67c8aaf4ba49
heres info on several companies that throw a ton of money into promoting and financing, GUN CONFISCATION POLITICAL VIEWS
IF you stop funding them your helping to preserve your rights GUN control has always had far more to do with GAINING AND MAINTAINING, TOTAL PEOPLE CONTROL by the elite few than with guns
.08% that's less than 1/10th of 1% of the known potential owners(or 99.92% say screw you!)
AmmoLand News delivers positive gun rights news and opinion on the pressing issues for the second amendment community. With reports from David Codrea, Dean Weingarten, Jeff Knox, Dave Workman, Dan Wos, and many more. Keep reading as they cover the latest happenings and gun rights topics.
THE 7TH CIRCUIT IS , almost totally anti (against) civilian firearm and magazine ownership they are making it up as they go along, as they want the power to regulate and prohibit, civilian ownership and are in total opposition to,(against) civilian firearm and magazine ownership the...
garage.grumpysperformance.com
the political elite that are convinced they know how to run your life's, and make all the choices you should never be allowed
to make are the root cause of most of AMERICAS PROBLEMS
this is very interesting, its the result of the feds (under biden) telling the states, behind the public's back, we want the vast majority of the people disarmed and you guys are going to do it for us!
I wish every state had this law in place!
lets hope its a fast growing trend that goes viral
I don't doubt for a second that the eventual democrat elites political goal is in preventing
the transfer through inheritance of all firearms in the civilian population.
thus current owners must give up ownership or the ability to have firearms transfer to other family members
if this is left to stand as law..
thus the democrat goal has a first step, towards forcing current owners, must give up ownership or the ability to have firearms transfer to other family members
IM glad to see people realize the sinister potential of this
I love this LIBERAL POLITICAL logic, some guys was killed by being pushed in front of a moving subway train, so the NY authorities are rushing metal detectors into subway stations to detect weapons to reduce (CRIME) the biden admin is working hard to severely restrict ammo sales to civilians...
