Live tonight at 6:30pm – discussion on last week’s bumpstock ruling from the US Sixth Circuit Court of Appeals, out of Cincinnati. They held that bumpstocks are not “machineguns” under federal law. I’ll go through the opinion and explain what you need to know. Freedom is Scary – Episode No. 52.
Today, the U.S. Court of Appeals for the Sixth Circuit reversed the district court’s decision, which had denied GOA’s motion for a preliminary injunction on bump stocks. Gun Owners of America is seeking an injunction to prevent ATF from implementing a final rule incorrectly classifying bump stocks as machineguns under federal law.
This case was brought by Gun Owners of America (GOA), Gun Owners Foundation (GOF), the Virginia Citizens Defense League (VCDL), Matt Watkins, Tim Harmsen of the Military Arms Channel, and GOA’s Texas Director, Rachel Malone.
“Today’s court decision is great news and told gun owners what they already knew,” said GOA Senior Vice President Erich Pratt. “We are glad the court applied the statute accurately, and struck down the ATF’s illegal overreach and infringement of gun owners’ rights.”https://www.gunowners.org/victory-court-rules-a-bump-stock-is-not-a-machine-gun/
This was never about “bumpstocks,” but rather this was about fighting against the tyranny of the executive branch, e.g., the ATF, in enacting legislation outside the legislative process in Congress. This is about any and all firearms and firearms accessories, and preventing bureaucrats from picking and choosing what they decide is legal vs. illegal.
Here’s the opinion:
The GOA (Gun Owners of America) continues to do great work, fighting tyranny in the courts. The fight continues, so please donate to the battle:
One of my favorite parts of the opinion. Boy does this sound familiar:
First, giving one branch the power to both draft and enforce criminal statutes jeopardizes the people’s right to liberty. The concern over the potential abuse of power if the executive can define crimes predates our nation’s founding. See THE FEDERALIST NO. 47, at 251 (James Madison) (quoting Baron de Montesquieu that “[t]here can be no liberty where the legislative and executive powers are united in the same person, or body of magistrates”); 1 WILLIAM BLACKSTONE, COMMENTARIES *146 (1753) (“In all tyrannical governments, the supreme magistracy, or the right of both making and of enforcing the laws, is vested in one and the same man, or one and the same body of men; and wherever these two powers are united together, there can be no public liberty.”); JOHN LOCKE, SECOND TREATISE OF CIVIL GOVERNMENT § 143, pp. 324-25 (T. Hollis ed., 1764) (1690).
NOTE: this doesn’t change the legal status of those states who’s legislatures banned bumpstocks: Delaware, Rhode Island, Washington, Nevada, California, Maryland, NJ, NY, Florida, Hawaii, Massachusetts, and Vermont, I believe…… It also doesn’t say Congress can’t do so federally. This is just about the ATF doing it on their own.
Today the US Ninth Circuit Court of Appeals issued their opinion in Young v. Hawaii, holding that there’s no Second Amendment right to carry firearms outside of one’s own home, whether concealed or openly. What do you need to know, and what does this mean? Here’s the opinion, with my highlights, which I discussed in the video:
I go through the opinion on YouTube in Episode 51 of Freedom is Scary:
This afternoon, oral arguments were held in the case of Walker v. Donahoe – the AR-15 open carry case out of Putnam County, West Virginia. I’ll discuss what happened in a live debriefing at 6:30 pm, which is in 4 minutes…..
Here’s a link to the actual recording of the arguments, if you missed it live:
Here’s an excerpt of my argument, as taken by my staff:
Here’s the video of the underlying incident, if you haven’t seen it:
If you love life, liberty, property, the Second Amendment, the Fourth Amendment and basically all civil rights, you should understand the potential lifeline of freedom that is made possible due to cryptocurrency. The easiest way to destroy the Second Amendment is to make it impossible for the firearms industry to transact business through corporate suppression of free speech and free enterprise. Even worse, the mainstream corporate financial institutions have a history of partnering with the federal government to share your private data for use in criminal prosecutions and other activities against your consent and constitutional rights.
As suggested by John Crump of the GOA (Gun Owners of America) from FIS Episode No. 45, I’m talking tonight with the co-Founder of TUSC (The Universal Settlement Coin), a decentralized, non-ICO cryptocurrency project that is focused supporting the retail firearms industry with their payments issues. Rob McNealy is a serial entrepreneur, podcaster, cryptocurrency advocate, self-defense activist and recovering corporate MBA.
Join me tonight on Freedom is Scary Live, Episode No. 46. Tonight at 6:30 p.m. Eastern:
TUSC, The Universal Settlement Coin, is an open source, pure payments cryptocurrency project built on a delegated proof of stake (DPOS) blockchain. TUSC is a decentralized, non-ICO, community project with on-chain governance. TUSC was purpose built for retailer adoption using a unique marketing model with an elected and term limited third-party vendor called the Marketing Partner, whose role is to support the onboarding of retailers and to promote TUSC through aggressive marketing and sales strategies to vertical markets and industries with recognized problems with existing payment systems.
More about Rob McNealy and TUSC: Rob McNealy: Podcast Website: https://robmcnealy.com Twitter: https://twitter.com/robmcnealy (365,000+ followers) IMDB: https://www.imdb.com/name/nm11393442 LBRY: https://lbry.tv/$/invite/@robmcnealy:e Minds: https://www.minds.com/robmcnealy Rarible:https://app.rarible.com/robmcnealy LinkedIn: https://www.linkedin.com/in/robmcnealy Instagram: https://www.instagram.com/robmcnealya… YouTube: https://www.youtube.com/robmcnealy Everipedia: https://everipedia.org/wiki/lang_en/r… Parler: https://parler.com/robmcnealy Medium: https://robmcnealy.medium.com TUSC: Twitter: https://twitter.com/tuscnetwork TUSC Website: https://tusc.network TUSC Marketing Partner Website: https://tuscmp.one LinkedIn: https://www.linkedin.com/company/tusc… LBRY: https://lbry.tv/$/invite/@TUSC:a Instagram: https://www.instagram.com/tuscnetwork LinkedIn: https://www.linkedin.com/company/tusc… YouTube: https://www.youtube.com/tuscnetwork Facebook Group: https://www.facebook.com/groups/23371… Facebook Page: https://www.facebook.com/TUSCNetwork Recent media: https://freebeacon.com/guns/cryptocur… https://www.thetruthaboutguns.com/gun…
Here’s a live video I did last night on Youtube with John Crump, from the gun rights advocacy organization, Gun Owners of America.
The big danger right now is our very own Senator Manchin siding with the anti-gun lobby in ending the filibuster. If that happens, there’s nothing stopping Biden and the Democrat Congress from doing what John Crump believes they will pass by federal legislation:
- An outright ban on AR-15 style rifles; and
- A federal NFA registry of all existing AR-15 style rifles (even where legal in any particular state).
Check out all of the recent articles by John Crump at Ammoland News, some of which we discussed.
Here’s the payment host discussed by John in the video (TUSC) which offers a method of buying and selling firearms and firearms accessories, ammunition, etc., in the era of Big Tech censorship and suppression:
Information on Caniglia v. Strom, currently pending at the SCOTUS, where the Court will be deciding whether law enforcement can enter and search your home without a warrant based on the so-called “community caretaking exception”:
Gun Owners of America:
We know it’s coming. It’s time to flex West Virginia’s state sovereignty, and it begins with our Legislature. Take a look at the West Virginia Citizen’s Defense League’s flagship proposed legislation for the 2021 legislative session, and make sure that your representatives know that they’re expected to enact it into law. This is about more than just the “sanctuary” b.s. This bill asserts the state’s prerogative to enforce its own laws, and no one else’s. They’re already shutting down your oil and gas jobs, as well as forcing transgender athletes into women’s sports in West Virginia. You know what’s next. Let’s be proactive.
The WVCDL is your best source of solid, objective, educational information, and bill tracking when it comes to firearms and 2A (WV 3-22) related legislation. We’ll keep you posted on the good, the bad, and the neutral. Some bills sound great but in reality, don’t accomplish tangible benefits for the law abiding gun owners of WV. Some bills have unintended consequences and as subject matter experts, we do our best to help bring those concerns to the attention of legislators.All of this takes the entire membership. Absolutely no one in the WVCDL is paid to any of the work we do. We are 100% volunteer and we absolutely need YOU to help for the most successful session possible. Do not make the mistake of thinking someone else will pick up your slack. WE NEED YOU. We are a grassroots organization and it is YOU when you all come together to advocate with your legislators for change…..
Q: Who are my reps?
A: Find them via district maps here: Senate, https://www.wvlegislature.gov/Districts/maps.cfm, House: https://www.wvlegislature.gov/Districts/maps.cfm#HD01
You can follow WVCDL Legislative Tracking here, https://www.wvcdl.org/forums/2021-legislative-tracking/Bookmark it!As always, the Board of Directors appreciates everything all of you do and we are excited to see this session get underway!
Montani semper liberi.
Amber Perry, WVCDL Vice President & Registered Lobbyisthttp://www.wvcdl.org/forums/
Breaking news just this afternoon: the Walker case has been accepted for oral argument by the U.S. Fourth Circuit Court of Appeals, tentatively set for March 8 through March 12, 2021. This is the case with the video showing my client, Michael Walker, walking down the side of a public roadway in Putnam County, West Virginia, on his way coyote hunting. The video is at the link.
This is good news, being that we’re the ones appealing. Most appeals are decided with a written order and no oral argument. The ones with a good likelihood of success, or which are important issues of law, are generally set for oral argument.
Last Thursday, the ATF raided Polymer80 in Nevada, a seller of so-called “Ghost Gun” 80% kits for the home-manufacture of polymer pistols for personal use. The word on the street is, that they’ve been contacting customers. So what rights do you have if you’re a customer and the ATF comes knocking?
In 2018, West Virginia passed a wonderful pro-2nd Amendment piece of legislation, titled HB 4187, a.k.a. the “Parking Lot Bill,” which took effect on June 8, 2018. The bill prohibited businesses from banning firearms from vehicles in their parking lots. It also prohibited the hiring and firing of employees based on their possession of firearms.
About a year later, a national gun control group, which is really “Everytown for Gun Safety,” financed by Michael Bloomberg, using the b.s. name, “Coalition Against Domestic Violence.” Ironically, this group would forcibly disarm the very group they’re supposed to be advocating for. Victims of domestic violence would not have the option of defending themselves with firearms, from their would-be attackers, because they would have their employers enact policies (which corporations generally do) requiring that no firearms can be kept, even in their employees’ parked cars. Here’s the original lawsuit, in its entirety:
West Virginia Attorney General Patrick Morrissey is the named defendant in the suit. His lawyers filed a motion to dismiss.
Last week, U.S. District Judge John Copenhaver denied the motion. I had to read it for myself, since many were instantly outraged. Judge Copenhaver is as good as it gets. He was first appointed by President Ford, and is a workaholic, even in his 90s. I had the honor of trying a jury trial in front of him a few years back. Here is his ruling:
Keep in mind, that this is a ruling in a motion to dismiss – not a ruling on the merits of the challenge. It’s an easy standard for plaintiffs to pass in most cases. So, what were the grounds for allowing the lawsuit to proceed? Even though the gun control group is advocating for the restriction of the individual rights of West Virginia citizens, they’ve disguised their claims as seeking constitutional protections for a collection of domestic violence advocacy groups who are apparently horrified of armed attackers hiding guns in parking lots.
The motion was actually only seeking dismissal on grounds of “standing” and “ripeness,” which are both technical arguments not quite reaching the constitutionality issues. The Court rightly held that groups should be able to challenge the constitutionality of state statutes in federal court, and that they should be able to do so prior to any enforcement actions – not just afterwards. So this is a bit of a nothing-burger. At some point there will need to be a ruling on the constitutional issues.
One of the claims which will need to be decided, isn that the Parking Lot Bill violates the First Amendment – that there’s a free speech component to the being able to prohibit firearms on your business or organization property, if you don’t like guns. It will be interesting to see what happens with that, because it’s not all that different fro the claim we made in the same federal court last week in our challenge of the Governor’s mask mandate. Many laughed when I argued that compliance (or noncompliance) with a mask mandate was protected free speech. So let’s see if this similar argument gets any traction.