Category: Justice Department

Holding Pattern

U.S. Department of Justice Announces Second Amendment Pattern-or-Practice Investigation into California’s Los Angeles County [More]

Good, but why California and not Illinois?

I’ll be using this as a springboard to help introduce yet another effort to get their attention on denial of rights in an article I’ll be finishing up this weekend.

Current Wild Swings of the Gun Control Pendulum

Replacing Joe Biden’s Office of Gun Violence Prevention with an Office of Second Amendment Protection, with liaison members like new ATF Chief Counsel Leider, would mean no more surprises, no more cognitively dissonant legal positions, and no more disheartening gun owner who are feeling used, abandoned and betrayed. [More]

All this back-and-forth has got to stop.

Didn’t Get the Memo

AG Bondi: The ball is in your court.

[Via Jess]

Related UPDATE

We’ll see if THIS comes into play:

Protecting the Second Amendment rights of law-abiding citizens is a high priority for @AGPamBondi. To that end, the Department will be re-evaluating some of its recent litigation positions on Second Amendment issues, including silencers.

Workaround Answer Hiding in Plain Sight

The Department of Justice (DOJ) has issued an Interim Final Rule removing the Attorney General’s delegation of authority to the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) to process applications for relief from federal firearms disabilities under 18 U.S.C. 925(c). [More]

Yep:

Although federal law provides a means for the relief of firearms disabilities, ATF’s annual appropriation since October 1992 has prohibited the expending of any funds to investigate or act upon applications for relief from federal firearms disabilities submitted by individuals. As long as this provision is included in current ATF appropriations, ATF cannot act upon applications for relief from federal firearms disabilities submitted by individuals.

[18 U.S.C. 925(c); 27 CFR 478.144]

Rendering Chuck Schumer’s appropriations rider against ATF restoring rights impotent by removing ATF from the equation is really smart, and I feel like this is a “Doh!” moment for those of us who never thought of it.. How come no one proposed this before, or did someone, and word of it never escaped the echo chamber?

A Woman’s Prerogative

Looks like all the noise about Pam Bondi is starting to get things moving…

[Via Jess]

A Step in the Right Direction

So, this puts a plus mark in the Bondi record. We’ll see what it really means as things develop. Case in point, how does it override the Schumer funding prohibiton on restoring rights?

It’s Not Like They’re Powerless

The article does not identify the Federal statute the DoJ can act with. A State judge ruling on State laws is, I would think, a matter for the State. The next step is to fight the law(s) in Federal court. [More]

The Second Amendment and the Constitution being “the supreme Law of the Land” isn’t enough? They’re not shy about citing the First Amendment:

The United States has an interest in protecting the individual rights guaranteed by the First Amendment.

Also, like we noted in the “Ashcroft Petition“:

The Fourteenth Amendment guarantees to the people of each state the full benefit of all rights recognized under the U.S. Constitution, and Americans living in the state of California are being subjected to gross infringements of their Second Amendment rights and therefore are being treated unequally under the law;

And as for federal courts, sure, a “UNITED STATES’ STATEMENT OF INTEREST IN SUPPORT OF PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT” would be a big help.

Out of Focus

Gun Control’s Focus Shifts to State Capitals [More]

While Main Justice does nothing about it.

Remember when the focus of some state capitals was on segregation and DOJ and the administration said “No”? (And note the media trick of calling George Wallace a “staunch conservative.” He was a Democrat at that time and didn’t run as an “American Independent” until ’68.)

My Friends, You Got Trouble

Acting U.S. Attorney Michael Simpson files brief for @TheJusticeDept arguing that silencers are NOT arms & are NOT protected by the Second Amendment. [More]

Did I hear someone say gun owners are losing patience?

Yeah, but he’s only been on the job two months and he’s got a lot on his plate and he’s playing a 3D chess game and… aside from “Would you rather have Kamala?” what excuse did I miss?

And any word on the Bondi report yet?

[Via Andy M]

Justice Department Punts on Complaint against Compromised Anti-Gun Judge

Yet despite clear evidence of bias, thanks to a U.S. Department of Justice official policy of deliberate indifference, such judges will remain on the bench. [More]

What’s that John F. Kennedy quote about making peaceful revolution impossible…?

Jojo Krako 2A Protection

The 30-day mark for Bondi to report back to Trump through his domestic policy director would have been this past Sunday, March 9. On Thursday, a Department of Justice official confirmed to ABC News that the deadline had been extended to Sunday, March 16. [More]

Who’s missin’ deadlines? We’re extendin’ ’em.

At this posting, still no official word. Hopefully later today there will be a YUGE announcement.

Oregon Court Decision Sides Against Second Amendment and with Tyranny

If it were other civil rights being violated by a state, precedent has already been established that the U.S. Department of Justice would step in and put a stop to it. Gun owners should demand the same for the Second Amendment from an administration that literally owes its electoral victory to them, and our “gun rights leaders” should be the loudest voices making sure it can’t be ignored. [More]

Yo, AG Bondi: A little help here? Or will your DOJ continue being selective about which rights it will protect?

The Buck Stops Where…?

GOA & GOF have been GAGGED from printing the news (uncovered in a FOIA) for 18 months. Despite a recent ruling by the D.C. Circuit prohibiting such gag orders, Biden holdovers in @TheJusticeDept are asking the court to extend this First Amendment violation. [More]

Those “holdovers” report to someone…

UPDATE

Here’s the Motion to Lift Protective Order.

Guess whose name is at the end:

And What Are We Gonna Do About It?

We Caught FBI Using “Minority Report Style” Secret Form Pressuring Gun Owners To Forfeit Their Rights [More]

Here’s the thing: They refuse to identify where they get the authority to create an unlegislated class of prohibited person and if we pursue a lawsuit they will fight paying attorney fees if we win.

[Via bondmen]

A Forced Reset

The DOJ just filed a rebuttal of our Notice of Noncompliance calling out the ATF on their failure to comply with the court’s order to return FRTs. If we were hoping the new DOJ would do an about-face in this case, this ain’t it. The DOJ is arguing that FRTs stolen from gun owners can only be returned if they under go a background check. Absolutely not. [More]

Meet the new boss. Same as the old boss.

[Via Jess]

Restoration Project

About two weeks ago, Ms. Oyer was put on a working group to restore gun rights to people convicted of crimes, she said. [More]

Four Boxes Diner explains the significance.

See, it’s not “prickly” at all, Mel.

Well, maybe for NRA President “Lautenberg Bob” Barr…

[Via Jess]

And So It Begins…?

The entire Department of Justice is starting to file documents in courts basically saying, “Hey we want to put these fights involving the ATF on hold because we’re likely going to be reconsidering them and changing position in favor of the right to keep and be arms.” [Watch]

Case in point:

The federal government asked the Eleventh Circuit to postpone oral arguments in a lawsuit challenging the ATF pistol brace rule, saying that it needs time to review it pursuant to Trump’s Second Amendment executive order…

We’ll see…

[Via Jess]

Trump Order on Second Amendment Raises Hopes and Questions

Trump’s Second Amendment order is a good first step. It’s up to us to keep him on the path and walking in the right direction. [More]

There are things he can’t do and things he can. Let’s make sure the changes are meaningful.

Justice Still Stonewalling on Its Authority to Create a New Class of Prohibited Person

What wasn’t included was where DOJ gets the authority to create a permanent entry to NICS without a conviction or other disqualifier as defined by law. They’re still not saying. [More]

Try stonewalling when they want information and see where that gets you.

DOJ Still Going Postal

Biden’s DOJ makes a final anti-gun argument against the 2nd Amendment in a fight over whether guns can be banned in post offices. [Watch]

Boy, that’s a lot of “gun-free zones” in the land of the Second Amendment:

Now superimpose it over maps of schools, parks, government buildings, “sensitive areas”…

So… when confirmed, is Pam Bondi going to keep fighting for this?

[Via Jess]

Stiffed on the Bill

The Gun Owners of America were denied in their efforts to collect a $400,000 attorney fee in their successful work in challenging ATF’s bumpstock case. [More]

When writing an update on my case, I made a mistake on the title of my piece that is misleading. The judge’s order, as the text of the article states, was that “the plaintiffs shall file any motion for attorney’s fees.”

I signed a declaration for that last week to allow for the attorneys to submit their claim. We’ll now see if the ATF/DOJ under Trump still intends to fight gun owners tooth and nail.

[Via Jess]

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