The “New Fascism” At Work In North Carolina

Snow storms dumped ample amounts of the white stuff on parts of the mid-Atlantic states over the weekend. Unfortunately, some town’s leaders either have never heard of a U.S. Constitution or Bill of Rights or somehow they think, like what happened in New Orleans, that just because the town declared an emergency, all of a sudden people give up their God-given and constitutional rights.

Other restrictions include a ban on the sale or purchase of any type of firearm, ammunition, explosive or any possession of such items off a person’s own premises.

I guess they thought they were doing everyone a favor ALLOWING them to possess a gun on their own property. Uh, uh, uh! This cannot be allowed.

Tom Remington

If you enjoyed this post, make sure you subscribe to my RSS feed!

Kansas Introduces Firearms Freedom Act

Rep. Merrick has introduced HB 2620, the Kansas Firearms Freedom Act.

This brings to 22 the number of states with introduced FFA bills, in addition to the two states with bills enacted (Montana and Tennessee). Two more states and it will be a majority of states onboard this effort to challenge the authority of D.C. Idaho, West Virginia, New Mexico, Arkansas, Louisiana, Georgia and North Carolina are reputed to be working on FFA bills. See:
http://www.FirearmsFreedomAct.com
(to be updated with Kansas ASAP)

Gary Marbut, president
Montana Shooting Sports Association
http://www.mtssa.org
author, Gun Laws of Montana
http://www.mtpublish.com

If you enjoyed this post, make sure you subscribe to my RSS feed!

Metal Storm – The Weapon Of The Future

Check this out!

If you enjoyed this post, make sure you subscribe to my RSS feed!

McDonald v. Chicago: Does 2nd Amendment Apply To States?

McDonald v. City of Chicago is about the right of citizens to keep and bear arms in Chicago, right? Just as District of Columbia v. Heller was about the right of the citizens to keep and bear arms in Washington, D.C. Right? Well, the answer is a resounding YES……and NO!

Heller was a victory for gun rights as the ruling declared that the Second Amendment did guarantee an individual, not a state-run militia, the right to keep and bear arms. But it didn’t answer the question as to whether the states and the cities and towns within those states, have the right to limit or restrict gun ownership based on a degree of sovereignty from the federal government. Hopefully, this is what McDonald v. Chicago will answer for us.

But hold on. It’s not quite that simple. The Second Amendment, which is the one most Americans believe guarantees them the right to own a gun, says: “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.” We know that everybody and his brother have twisted, spun, manipulated, redefined and reprocessed the Second Amendment hoping they could convince the people what they think the Second Amendment is “meaning” to say. We now know from Heller, that Justice Scalia’s majority opinion stated very clearly that the Second Amendment guarantees an individual that right.

McDonald, however, is a bit more complicated. Lawyers for McDonald are hoping to convince the Supreme Court that the Second Amendment, as defined by Scalia’s Heller decision, has to be applied to the states because of the Fourteenth Amendment, which, as it might apply to McDonald, says: “Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

Whether we like it or not or agree, over the years the Due Process Clause of the Fourteenth Amendment has been used repeatedly to apply our rights under the Constitution. I have often asked why the Second Amendment cannot stand along and have never received what I would call a satisfactory answer. Nevertheless, McDonald will ague accordingly in hopes that the Supreme Court will agree.

I have repeatedly stated that I thought the use of the Fourteenth Amendment to apply the Second Amendment to the states comes at us as a bit of a two-edged sword. I still think I’m right in that analysis. States are scrambling around finding ways of reestablishing their sovereignty. Because the Fourteenth Amendment utilizes the power of the Federal Government to apply a Constitutional right, isn’t that somehow calling upon the authority to exert the power one is seeking to get out from under?

Ken Klukowski for Townhall, makes a stab at trying to explain how lawyers for McDonald will use the Fourteenth Amendment to win their case.

The lawyers for Otis McDonald and his co-plaintiffs are libertarian activists, who are pushing an aggressive and potentially risky constitutional theory to the Court. Without getting too much in the legal weeds, McDonald is arguing that the Court should extend gun rights to the states through the little-known Fourteenth Amendment Privileges or Immunities Clause, and overrule a venerable precedent from 1873 called the Slaughter-House Cases, which protects state sovereignty by limiting the reach of Congress and the courts.

The National Rifle Association, considered a “respondent” in this case, has been granted time on the floor to argue their side of this case in hopes to keep the court focused on gun rights and not allow the “Privileges and Immunities Clause” argument to become so broad based the court balks on making any ruling. The NRA would like to use the Fourteenth Amendment to only apply to the Second Amendment in this case.

The NRA’s argument therefore stresses that the Court should apply (or “incorporate”) the Second Amendment to the states through the Fourteenth Amendment Due Process Clause. Although this approach is beset with problems from a conservative legal perspective, it’s nonetheless how the Court has always tackled these issues and so it becomes the safest route for extending gun rights to the states.

On March 2, 2010, the Supreme Court is scheduled to hear oral arguments in this case. How focused it will be remains to be seen. Potentially, this ruling, as it might pertain to our Second Amendment, could be huge. In this modern era of gun laws and battles over gun rights, each step taken to define our right to own guns is monumental. We must remember that the Supreme Court has tended to shy away from Second Amendment interpretations. Should the Court opt to define for us the powers of the states in forcing gun laws, would be historical.

Tom Remington

If you enjoyed this post, make sure you subscribe to my RSS feed!

Handgun Sales Boom at Elk Foundation Fundraisers

MISSOULA, Mont. – Ask an elk hunter about their favorite caliber and you’ll hear nary a peep about the .45 ACP. Venerable handgun round, certainly. Big game round, hardly.
That’s why Rocky Mountain Elk Foundation officials are pleasantly surprised that a Kimber 1911 in .45 ACP emerged as the top-performing firearm at 2009 fundraisers for elk habitat conservation.

The gun, blued with an RMEF logo laser-etched into rosewood grips, was the first-ever 1911 in the organization’s core lineup of firearms for auctions and raffles nationwide.

“Hunting rifles and shotguns are always the centerpiece of our fundraising efforts, but last year we sold 325 of these pistols and generated well over $600,000 gross for elk and other wildlife,” said Steve Decker, vice president of marketing for the Elk Foundation. “At several events this gun sold for more than $5,000, which we certainly never expected.”

Also in 2009, RMEF passed the 5.7 million-acre mark in habitat protected or enhanced for elk and other wildlife, and the 600,000-acre mark in hunting lands opened or secured for the public.

Decker says he’s uncertain whether the Elk Foundation’s 2009 handgun sales were related to the nationwide boom in handgun sales last year, or if the big game hunters who support the organization were simply enthusiastic about the new offering. Either way, the inaugural 1911 was so successful, RMEF will offer a Kimber .45 ACP companion model in stainless steel, with matching logo engraving, in 2010.

All firearm recipients must pass standard background checks.

If you enjoyed this post, make sure you subscribe to my RSS feed!

S. Dakota, Colorado File “Firearms Freedom Act” Bills

The movement continues nationwide as state after state gets on the bandwagon seeking 10th Amendment separation of state and federal government. Seemingly fed up with the strong arms and broadening Federal Government controls, states are hoping a law, the same or similar to Montana’s Firearms Freedom Act, will set the ball rolling to regain some of the states’ sovereignty.

For those not familiar, the nation’s first Firearms Freedom Act, appeared in Montana, sponsored by the Montana Shooting Sports Association. The Act essentially declares that any guns or gun parts manufactured in Montana and remain in Montana, cannot be regulated by the Federal Government. Montana passed that Act and it was signed by Gov. Schweitzer. The state is seeking declaratory judgment from the courts.

South Dakota and Colorado are the two latest states to file bills that are clones or near replicas of Montana’s bill. State Senator Larry Rhoden has introduced the South Dakota Firearms Freedom Act as SB 89. In Colorado, Senator Dave Schultheis has just introduced the Colorado Firearms Freedom Act as SB 10-092.

This now makes Firearms Freedom Acts passed in Montana and Tennessee, and introduced in these 21 states: Alabama, Alaska, Arizona, Colorado, Florida, Georgia, Kentucky, Michigan, Minnesota, Missouri, New Hampshire, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Texas, Utah, Virginia, Washington, and Wyoming.

It’s likely that FFAs will be introduced soon in West Virginia, New Mexico, Idaho, Kansas, Arkansas, Louisiana, North Carolina and possibly elsewhere.

Tom Remington

If you enjoyed this post, make sure you subscribe to my RSS feed!

Feds Respond to Firearms Freedom Act Lawsuit

Motion to Dismiss “Expected”

MISSOULA – The United States has made its first response to a lawsuit filed in federal district court in Missoula to test the Montana Firearms Freedom Act (MFFA), passed by the 2009 Legislature and signed into law by Governor Schweitzer.

The MFFA declares that any firearms, ammunition or firearms accessories made and retained in Montana are not subject to federal regulation under the power given to Congress in the U.S. Constitution to regulate commerce “among the several states.” The MFFA is a states’ rights challenge on Tenth Amendment grounds, with firearms serving as the vehicle for the challenge.

This lawsuit to validate the MFFA was brought by the Montana Shooting Sports Association (MSSA) and Second Amendment Foundation (SAF). The suit names U.S. Attorney General Eric Holder as defendant, and is referred to as MSSA v. Holder.

The first response to the lawsuit by the United States is a Motion to Dismiss, submitted January 19th and considered to be a standard procedural maneuver in lawsuits against the U.S government . This motion seeks to avoid the legal merits by asserting that the Plaintiffs lack standing to sue, that a justiciable controversy does not exist, and that prevailing case law is against Plaintiffs.

MSSA President Gary Marbut, also a Plaintiff in the lawsuit explained, “The first import of this response is that the legal game is now on. There was some concern that the defendants would forfeit the game with no response in an effort to prevent this important issue from being adjudicated properly. We are now beyond that hurdle.” However, the Motion to Dismiss by Washington also seeks to sidestep proper adjudication.

SAF Chairman Alan Gottlieb said, “We are disappointed but not surprised that the government would try to kill this suit on standing, rather than arguing about the merits of the case.”

The MFFA concept has gained traction across the Nation since its passage in Montana. Tennessee has enacted a clone of the MFFA, and other clones have been introduced in the state legislatures of 19 other states, including: Alabama, Alaska, Arizona Florida, Georgia, Indiana, Kentucky, Michigan, Minnesota, Missouri, New Hampshire, Ohio, Oklahoma, Pennsylvania, South Carolina, Texas, Utah, Virginia, Washington, and Wyoming. . Ten or more additional states are expected to introduce yet more MFFA clones in the next few weeks. (See: http://www.FirearmsFreedomAct.com)

The U.S.’s Motion to Dismiss and Brief in Support are viewable at: http://FirearmsFreedomAct.com/montana-lawsuit-updates/

MSSA and SAF have assembled a litigation team for this effort consisting of three attorneys from Montana, one from New York, one from Florida and one from Arizona. Lead attorney for the Plaintiffs is Quentin Rhoades, partner the Missoula firm of Sullivan, Tabaracci and Rhoades. Other interested parties from both in and out of Montana are preparing to weigh in on this issue of national interest and national importance as amicus curiae (friends of the court).

Marbut commented, “The FFA concept has created a firestorm of interest nationwide. Lots of people and other states are watching carefully to see how Montana fares in this challenge to overbearing federal authority and to Washington’s attempt to control every detail of commerce in the Nation, especially including activity wholly confined within an individual state. That level of micro management certainly was not the intent of our founders when they gave Congress limited power in the Constitution to regulate commerce ‘among the states’.” (See: http://FirearmsFreedomAct.com/what-is-the-commerce-clause/)

MSSA is the primary political advocate for gun owners and hunters in Montana, having gotten 54 pro-gun and pro-hunting bills through the Montana Legislature in the past 25 years. SAF is a pro-gun foundation in Bellevue, Washington, established to press the rights of gun owners primarily in judicial fora. SAF has been a party to numerous lawsuits to assert the rights of gun owners across the Nation.

If you enjoyed this post, make sure you subscribe to my RSS feed!

Arizona Introduces “Firearms Freedom Act” Bill

Arizona has become the 20th state to introduce a clone of the Montana Firearms Freedom Act, Arizona HB 2307, sponsored by Representative Nancy McLain.

If you enjoyed this post, make sure you subscribe to my RSS feed!

Winchester Wins 2010 Cabela Lifetime Business Achievement Award

(Las Vegas) – Winchester Ammunition, one of the world’s most widely recognized and respected names in the shooting industry, has been chosen as the recipient of the 2010 Cabela Lifetime Business Achievement Award. The presentation was made today during a Shooting, Hunting and Outdoor Trade Show (SHOT) reception at the Treasure Island Hotel in Las Vegas.

The award was received by Dick Hammett, President of Winchester Ammunition and was presented by Ed Small, president of Big Rock Sports, Tommy Millner, president of Cabela’s Inc., and Bud Pidgeon, U.S. Sportsmen’s Alliance (USSA) president.

“It is one thing to be recognized for high quality products,” said Hammett. “But it is truly an honor to be recognized for our work in protecting conservation. We look forward to continuing this legacy with company’s such as Cabela’s and groups such as the USSA.”

The U.S. Sportsmen’s Alliance and its Outdoor Business Council created the award in 2006 to honor the Cabela family’s dedication to protecting outdoor sports, including hunting, fishing, and trapping. It is presented to companies that demonstrate the same passion and commitment to protecting America’s outdoor heritage as the Cabelas.

“This is our way of honoring the Cabela family and other leaders such as Winchester in the outdoor business community for their efforts to defend our rights,” said Pidgeon.

Winchester, founded in 1866, is one of the nation’s largest and oldest producers of ammunition. For more than 140 years, the name “Winchester” has come to mean many things to many people. To most folks it’s meant ammunition and the Gun that Won the West. For many others, however, it also rekindles images of fine hand tools and cutlery, fishing tackle and flashlights.

For years Winchester Ammunition has proven a dedicated supporter of conservation. Its support of USSA’s Outdoor Business Council, a coalition of businesses dedicated to protecting outdoor traditions, has made a large impact on hunting and shooting programs from coast to coast. Winchester has also been a key supporter of the Trailblazer Adventure Program, which has introduced over 900,000 youth and their families to outdoor pursuits such as hunting, fishing, trapping and shooting, since its inception in 2001.

Click here to watch a video describing the Cabela Lifetime Business Achievement Award and the history of Winchester Ammunition.

Cabela’s, known as the World’s Foremost Outfitter, has grown and prospered from simple beginnings to become the world’s largest direct marketer, and a leading specialty retailer, of hunting, fishing, camping and related outdoor merchandise.

For more information about Winchester Ammunition, visit www.winchester.com.

The U.S. Sportsmen’s Alliance is a national association of sportsmen and sportsmen’s organizations that protects the rights of hunters, anglers and trappers in the courts, legislatures, at the ballot, in Congress and through public education programs. For more information about the U.S. Sportsmen’s Alliance and its work, call (614) 888-4868 or visit its website, www.ussportsmen.org.

If you enjoyed this post, make sure you subscribe to my RSS feed!

Indiana Introduces Three “Firearms Freedom Act” Bills

Three different Indiana State Senators have introduced what appear to be identical versions of the Indiana Firearms Freedom Act:

Senator Walker has introduced Senate Bill 0200
Senator Holdman has introduced Senate Bill 0276
and
Senator Waterman has introduced Senate Bill 0416

This now makes 19 other states with introduced bills, including: Alabama, Alaska, Florida, Georgia, Kentucky, Michigan, Minnesota, Missouri, New Hampshire, Ohio, Oklahoma, Pennsylvania, South Carolina, Texas, Utah, Virginia, Washington, and Wyoming. Another 12 states are expected to introduce FFA clones within the next few weeks. More info at:
http://FirearmsFreedomAct.com

Gary Marbut, president
Montana Shooting Sports Association
http://www.mtssa.org
author, Gun Laws of Montana
http://www.mtpublish.com

If you enjoyed this post, make sure you subscribe to my RSS feed!

Alabama And Oklahoma File “Firearms Freedom Act” Bills

Alabama State Representative Mac Gipson has introduced the Alabama Firearms Freedom Act as House Bill 48.

And Oklahoma State Representative Lewis Moore has introduced a “Firearms Freedom Act” for the state – it’s pre-filed for February 1, 2010 as House Bill 2884.

Firearms Freedom Act

Tom Remington

If you enjoyed this post, make sure you subscribe to my RSS feed!

Washington Introduces “Firearms Freedom Act” Bill

Representative Matt Shea has introduced HB 2709, the Washington Firearms Freedom Act, I believe now the 15th such bill to be introduced copying our Montana Firearms Freedom Act(MFFA).

In MSSA’s lawsuit to validate the principles of the MFFA, we have a preliminary pre-trial conference coming up on February 2. U.S. Attorney General Eric Holder and the United States (defendants in the lawsuit) have not responded to the suit yet.

We will continue to post new information about this movement at:
http://www.FirearmsFreedomAct.com

Gary Marbut, president
Montana Shooting Sports Association
http://www.mtssa.org
author, Gun Laws of Montana
http://www.mtpublish.com

If you enjoyed this post, make sure you subscribe to my RSS feed!

Kimber, Elk Foundation to Launch New Rifle in 2010

MISSOULA, Mont. – Kimber and the Rocky Mountain Elk Foundation are teaming up to launch the new Kimber Model 84L, a rifle that one respected gun writer has already described as “as good as a lightweight rifle can get.”

Christened the “Elk Country Classic,” the first 475 Model 84L rifles are chambered in .30-06 Spfd. and will be available only at RMEF fundraisers beginning early in 2010.

This sleek bolt action sporter weighs just 6 pounds, 2 ounces, and balances like a fine shotgun. Kimber upgraded the stock with specially selected AA-grade French walnut streaked with bold, rich grain. Each stock has hand-cut 20 lines-per-inch checkering, a hand-rubbed oil finish and is tipped in ebony. Special markings include an engraved floorplate with gold accents, engraved bolt handle and serial number that reflects the edition sequence. The rifle is elegant from every angle, but not flashy or overdone.

“Our banquet-goers get first dibs on these rifles, with proceeds conserving habitat for elk and other wildlife,” said Steve Decker, director of field programs for RMEF. “Kimber has never launched a new product through a conservation group before, and we’ve never launched a new rifle, so this is one of the coolest things we’ve ever done at our events.”

A project coordinator at Kimber shared the enthusiasm, saying, “Many of us are dedicated elk hunters and RMEF members. Knowing these rifles will be used to further the RMEF mission means a great deal to all of us. I cannot imagine a stronger partnership.”

To find an RMEF fundraiser the only place you can get a new Kimber Model 84L Elk Country Classic near you, go to www.rmef.org and click Attend an Event.

If you enjoyed this post, make sure you subscribe to my RSS feed!

Wyoming Introduces “Firearms Freedom Act”

Introduced by Rep. David Miller, Wyoming has followed suit with several other states and introduced HB28, their version of a Firearms Freedom Act.

Tom Remington

If you enjoyed this post, make sure you subscribe to my RSS feed!

You Do NOT Have To List Guns On Tax Returns!!

You know this rumor has gone around and around and it’s back again. It’s the new year and with it comes the thought of filing income taxes and once again the false email if going around again that claims we have to register our guns on our income tax returns for 2010. NOT TRUE! It’s never been true!

So when the email alert shows up in your in box, please hit “reply all” and let everyone know it’s a bunch of malarkey. This lie has been used as a distraction before and we shouldn’t let it distract us from those who really do want our guns.

Happy New Year!

Tom Remington

If you enjoyed this post, make sure you subscribe to my RSS feed!

Next Page »