Tag: prohibited persons

Speaking of Equal Protection…

Mel Gibson Got His Gun Rights Back, but Millions of Americans With No History of Violence Are Still Waiting [More]

Particularly those Americans who didn’t back away from the issue because they found it “prickly”…

But the big question: How does NRA President and Lautenberg Amendment supporter Bob Barr feel about it?

[Via Michael G]

News You Can Wipe With

The Justice Department is releasing plans to create a process for those with criminal convictions to restore their gun this decision sparking alarm that it will return firearms of those of convicted violent crimes… [Watch]

Make sure you take a look at the comments under the Queen City “News” video.

Sir Wilfrid has a question:

[Via Jess]

California’s ‘Control Me Because I Can’t Control Myself’ Bill

This bill would require the Department of Justice to develop and launch a system to allow a person who resides in California to voluntarily add their own name to, and subsequently remove their own name from, the California Do Not Sell List, with the purpose of preventing the sale or transfer of a firearm to the person who adds their name, as specified. [More]

So… what the hell are they doing out without a custodian?

“Voluntary,” of course, means coereced to keep from having worse charges filed. Hey, why should people who don’t respect the Second Amendment care about the Fifth?

The feds tried this crap and never did explain where they get the authority from.

[Via Jess]

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?

Biden Proves Gun Control Doesn’t Work

A Dothan man was arrested again on Monday just two months after former President Joe Biden commuted his sentence. Dothan Police charged Willie Frank Peterson on Monday with possessing cocaine, hydrocodone, marijuana, and two counts of illegally possessing firearms… [More]

So… he just went around all those hoops you and I are forced to jump through…?

I wonder who was working the autopen that day…

[Via Michael G]

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?

A Gun Sense Politician

I wanted to update you on the situation involving Senator Nicole Mitchell, who is facing felony burglary charges after breaking into her stepmother’s home last year. On March 13, the Senate Ethics Committee met to review two complaints against Senator Nicole Mitchell tied to these charges and her behavior. Despite clear evidence of wrongdoing, the committee failed to take meaningful action. [More]

Felonies…? So, she could end up a “prohibited person”…?

What is it about these people who don’t trust us with guns…?

[Via Jess]

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]

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]

Setting the Stage for Trump v. Bondi?

Because Trump’s convictions involved crimes that were notionally punishable by more than a year of incarceration, they made him subject to a federal law that bars him from possessing firearms. [More]

But not the nuclear football…

I do wonder– if he challenged this – would his AG defend the law and fight him…?

[Via Dan Gifford]

When Courts Collide

Based on the above four cases, the cert conflict could not be more dramatic. Range and Williams allow as-applied challenges to the felon ban. Jackson and Hunt categorically allow no challenge to the ban. Since felons are the overwhelming majority of persons prosecuted under § 922(g), resolution by the Supreme Court is direly needed. [More]

The fiction, of course, being that truly dangerous felons require any court’s sanction, and that a higher law they won’t acknowledge doesn’t nonetheless hold true…

[Via Michael G]

The Felon in Chief?

Manhattan Judge Juan Merchan sentenced Trump to “unconditional discharge,” meaning no jail, no probation and no fine. But the sentence will still formally make Trump the first criminal convict ever to occupy the Oval Office. [More]

We’ll see what happens with an appeal.

In the meantime, is a “prohibited person” in charge of ATF?

Unsecuring the Blessings of Liberty

Because alleged domestic abusers pose a clear threat of violence, the measure is constitutional under the high court’s United States v. Rahimi ruling, Judge Jerry E. Smith said for the US Court of Appeals for the Fifth Circuit. [More]

If they’re “alleged,” that hasn’t been proven and depriving them of their rights is tyranny.

If it has been proven that they pose a clear threat, leaving them free to victimize is unconscionable.

Any government that would do this to its citizens has delegitimized itself.

[Via Jess]