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Federal Court Judge Rules in Challenge to Bump Stock Ban. Here’s What You Need to Know.

Back in December, the Department of Alcohol, Tobacco, Firearms and Explosives (ATF) finalized a new regulation that changed definition of “machinegun” to include “bump-stock-type devices.” Beginning March 26, owning or possessing a bump stock will be illegal.

On Monday night, a federal court judge denied three separate preliminary injunction requests. The decision was a consolidated ruling in two cases, Firearms Policy Coalition v. Whitaker and Guedes v. Bureau of Alcohol Tobacco, Firearms and Explosives.

According to court documents, the plaintiffs had varying arguments for a preliminary injunction:

To prevent the rule from taking effect, the plaintiffs—Damien Guedes, the Firearms Policy Coalition, David Codrea, and their co-plaintiffs—filed three motions for a preliminary injunction in which they raised overlapping statutory and constitutional challenges. All of the plaintiffs contend that ATF violated the Administrative Procedure Act (APA) when it promulgated the rule. Guedes also argues that ATF violated certain procedural requirements in 18 U.S.C. § 926(b), which grants the agency rulemaking authority. Codrea further argues that the rule violates the Takings Clause of the Fifth Amendment. And all of the plaintiffs contend that then–Acting Attorney General Matthew Whitaker lacked authority to promulgate the rule under either the Appointments Clause of the Constitution or 28 U.S.C. § 508 (the AG Act), a succession statute specific to the Office of the Attorney General. Because none of the plaintiffs’ arguments support preliminary injunctive relief, the Court will deny all three motions.

“It is important to note that today’s order is not a final ruling on any claim, and is merely a trial court’s denial of a temporary injunction. And while we had hoped for a quick and positive outcome at the trial court level, we have been and remain committed to litigating these issues as much as it takes to completely resolve the cases and protect Americans from a rogue and growing executive branch, including by petitioning the United States Supreme Court if necessary,” the group said in a statement.

(Read more from “Federal Court Judge Rules in Challenge to Bump Stock Ban. Here’s What You Need to Know.” HERE)

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Whoa: Americans Have Bought More Guns in the Past Two Months Than Our Military Has on Hand

May was another solid month in gun sales, with over two millionbackground checks being run according to the FBI. Yet, Stephen Gutowski of The Washington Free Beacon also touched upon the Small Arms Survey, which showed that Americans own 393 million of the one billion-plus firearms in worldwide circulation. So, while we’re not the majority owner of all guns worldwide, Gutowski broke down some interesting aspects of this report. First, that in the last two months alone, Americans have bought more guns that our entirely military has on hand, and that Americans bought more guns in 2017 than every police agency in the world did combined:

…American civilians own nearly 100 times as many firearms as the U.S. military and nearly 400 times as many as law enforcement.

Federal Bureau of Investigation background check records suggest that civilians bought more than 2 million guns in May alone, which means civilians purchase more than double the number of firearms owned by police departments. The number of gun-related civilian background checks in May and April, at over 4.7 million, is greater than the number of firearms currently owned by the American military.

The FBI reported processing more than 25.2 million gun-related civilian background checks in 2017, which is more than the 22.7 million guns the Small Arms Survey estimates are currently held by every law enforcement agency in the world combined. Between 2012 and 2017, the FBI reported conducting more than 135 million civilian gun checks—more than the 133 million guns the Small Arms Survey estimates are in all the world’s military stockpiles.

(Read more from “Whoa: Americans Have Bought More Guns in the Past Two Months Than Our Military Has on Hand” HERE)

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Major Chain Will DESTROY Assault-Style Rifles in Stock. No, This Is Not Rational Behavior.

By Bizpac Review. Dick’s Sporting Goods is taking its moral indignation to a whole new level following its recent decision not to sell “assault weapons” — see modern sporting rifles, which includes the AR-15.

Faced with the dilemma of what to do with unsold merchandise, instead of returning the merchandise to the manufacturer, as retailers normally do, Dick’s Sporting Goods has decided to destroy them, the Pittsburgh Post-Gazette reported.

You read that right, the company will take a financial hit to ensure the firearms they have never end up in someone’s hands. Critics will argue this further proves liberals are not just interested in stricter gun laws, they want to take them away entirely.

“We are in the process of destroying all firearms and accessories that are no longer for sale as a result of our February 28th policy change,” a company spokeswoman told the paper. “We are destroying the firearms in accordance with federal guidelines and regulations.”

After being destroyed at the company’s distribution centers, the remaining parts will be sent to a salvage company to be recycled, according to the Post-Gazette. (Read more from “Major Chain Will DESTROY Assault-Style Rifles in Stock. No, This Is Not Rational Behavior.” HERE)

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Dick’s Sporting Goods Will Destroy Assault-Style Rifles Pulled From Shelves

By The Post-Gazette. When Dick’s Sporting Goods said it would no longer sell modern sporting rifles at its Field & Stream stores following the Valentine’s Day shooting at a Parkland, Fla., high school, one question was what would happen to the unsold firearms in its inventory.

Typically a retailer may return unsold merchandise to the manufacturer. But in this case, Dick’s Sporting Goods has decided to destroy them. . .

In addition to the decision on pulling assault-style rifles from its 35 specialty Field & Stream locations, the sporting goods chain said in February that it also would no longer sell high capacity magazines or sell firearms to anyone under 21 years old following the mass shooting at Marjory Stoneman Douglas High School.

Dick’s is facing two lawsuits over the new age limit on firearm purchases. (Read more from “Dick’s Sporting Goods Will Destroy Assault-Style Rifles Pulled From Shelves” HERE)

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Man Who Allegedly Had Weapons Stockpile Says He Was on Government Mission

A Texas man who was arrested Sunday after police said they found a weapons stockpile that included an AK-47, AR-15 and bump stock in his hotel room told investigators that he was on a classified government mission, The Lowell Sun reported.

Francho S. Bradley, 59, and Adrianne D. Jennings, 40, were taken into custody after Bradley called police to the hotel room to report that someone was breaking in. Police responded and found the weapons, the report said . . .

Bradley reportedly told investigators about the secret government mission but refused to go into detail. The couple had allegedly driven from Texas to Massachusetts with the weapons.

The report said the couple faces eight counts of possession of a large capacity firearm, three counts of possession of a silencer and other charges including possession of a firearm without a license and possession of a bump stock.

The two are being held without bail after being arraigned Monday in Lowell District Court in connection with a large seizure of weapons. (Read more from “Man Who Allegedly Had Weapons Stockpile Says He Was on Government Mission” HERE)

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Watch: Rapper Threatens Rowdy Concertgoers With Gun

Lil Wayne reportedly scared concertgoers over the weekend when he threatened them with firearms after someone threw a water bottle on stage, prompting the rapper to stop his performance and warn the crowd.

Wayne was “performing at the Jumanji Festival in Sydney over the weekend, where all seemed fine until he was almost hit by a flying water bottle,” TMZ reported.

Wayne immediately stopped the concert and warned the crowd they needed to stop throwing stuff on stage because “all my n***ers got pistols and they don’t know who to shoot at.”

(Read more from “Watch: Rapper Threatens Rowdy Concertgoers With Gun” HERE)

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Apparently This Restaurant Believes a ‘Gun-Free Zone’ Includes Kicking out Law Enforcement Officers

A uniformed officer with the Tennessee Wildlife Resource Agency was asked to leave an Outback Steakhouse on Friday night because he was carrying his sidearm.

The manager of the restaurant reportedly came up to Officer Andrew Ward and his wife Amanda at the Cleveland, Tennessee restaurant, where they were dinning during his dinner break, and asked him to put his gun in his truck.

Ward recounted in a Facebook post (which has been shared over 200,000 times) that the manager explained that the restaurant has a gun-free policy.

Ward responded telling her that he could not put his firearm in his truck because it is part of his uniform.

Management then asked Ward to leave the premises, which he and his wife did.

In his Facebook post, Ward wrote, “What is this country coming to? A uniformed Law Enforcement Officer who is sworn to protect and serve the public, is refused service because they have a firearm! I am disgusted and have no other words!!!”

The officer revealed that restaurant management later contacted him and apologized for the incident.

“There was another customer that was ‘scared for her life’ who was seated across from us,” Ward was told. “This customer also stated that she was afraid because ‘police are shooting people’ and this customer went on to demand to be escorted to her vehicle out of fear of being shot.”

The Director of Media and Community Relations for Bloomin’ Brands, Outback’s parent company, sent WTVC-TV a statement explaining the manager made a mistake in asking Ward to leave.

“We’ve always allowed uniformed law enforcement officers to carry their side arms inside our restaurants,” the statement read. “A manager made a mistake and we have discussed this with her. We have contacted the guest personally and apologized.”

WTVC-TV reported that Outback gave Ward and his wife a $100 gift card, which can be used at the Cleveland location or other affiliated restaurants owned by Bloomin’ Brands, including Carrabba’s and Bonefish Grill.

Ward wrote in a follow-up Facebook post Friday night that he holds no animus toward Outback and has accepted the restaurant chain’s apology.

“Outback has called and apologized to me and my family and we have truly accepted this apology,” he wrote. “There was a mistake made and that’s it… we all make mistakes and and must move forward with our lives.”

“If we move forward and learn from our past mistakes, they are no longer mistakes but Lessons!” the officer continued. “I am not nor will I ever be a perfect man…. there was only one perfect man ever to walk this earth and He died some 2000 years ago to forgive my sins. Thank you all so very much for the support.” (For more from the author of “Apparently This Restaurant Believes a ‘Gun-Free Zone’ Includes Kicking out Law Enforcement Officers” please click HERE)

Follow Joe Miller on Twitter HERE and Facebook HERE.

New Law Lets Police Confiscate Guns ‘Without Due Process’ If Someone Reports You

A new law in Oregon could lead to residents having all of their guns confiscated based on a single complaint, raising concerns about the possibility of corruption if false complaints are used to strip law-abiding citizens of their right to defend themselves.

Senate Bill 719, which is defined as one that “Creates process for obtaining extreme risk protection order prohibiting person from possessing deadly weapon when court finds that person presents risk in near future, including imminent risk, of suicide or causing injury to another person” was signed into law by Democratic Gov. Kate Brown on Wednesday.

The confiscation of an individual’s firearms can be pursued through the filing of an “Extreme Risk Protection Order,” which is submitted to a judge in civil court by a police officer or a concerned family or household member.

“Requires court to order respondent to surrender deadly weapons and concealed handgun license within 24 hours of service of initial order, and immediately upon service of continued or renewed order. Provides for law enforcement officer serving order to request immediate surrender of deadly weapons and concealed handgun license and authorizes law enforcement officer to take possession of surrendered items.”

During the legislative process, Brown expressed her support for the bill, calling it “a common-sense, life-saving bill that will help protect Oregon’s women and children by closing the ‘Boyfriend Loophole,’ preventing convicted stalkers from buying or possessing guns, and keeping guns out of the wrong hands.”

The bill passed in the Oregon State Senate by a vote of 17-11 in May, and in the House by a vote of 31-20 in July, before it reached Brown’s desk in August. Once it goes into effect, if an Extreme Risk Protection Order is granted by a judge, the resident in question could legally lose his or her right to possess or purchase firearms or ammo for one year.

While suspects have 30 days to request a hearing in an attempt to regain possession of their seized firearms once an order has been issued, and while individuals who file fake protection orders could face up to one year in prison, gun rights advocates still are not convinced that this new law will eradicate gun violence, even in domestic situations.

In a statement, the National Rifle Association’s Institute for Legislative Action argued that Extreme Risk Protection Orders “could be obtained by a law enforcement officer, family member, or household member in an ex parte hearing to deprive someone of their Second Amendment rights without due process of the law.”

By allowing a law enforcement officer, family member, or household member to seek the ERPO, SB 719A would allow people who are not mental health professionals, who may be mistaken, and who may only have minimal contact with the respondent to file a petition with the court and testify on the respondent’s state of mind. This ex parte order, which strips the accused of their Second Amendment rights, would be issued by a judge based on the brief statement of the petitioner. The accused would not be afforded the chance to appear in court to defend themselves against the allegations when the ERPO is issued. These orders may be issued without any allegations of criminal behavior.

The new law in Oregon was inspired by a law that went into effect in California in January 2016. Assembly Bill No. 1014 authorized “gun violence restraining orders” which allowed law enforcement to seize the firearms of an individual if a judge “finds that there is reasonable cause to believe that the subject of the petition poses an immediate and present danger of causing personal injury to himself, herself, or another by having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm.”

While there are a number of problems with the new trend of gun confiscation laws, one of the most glaring issues is that a “protection order” can be filed by a police officer who has had minimal contact with the suspect in question, and if it is granted by the judge, the suspect will have his or her firearms confiscated immediately, and the only way to return them is to go through a lengthy court process—eliminating one of the most basic principles of due process. (For more from the author of “New Law Lets Police Confiscate Guns ‘Without Due Process’ If Someone Reports You” please click HERE)

Follow Joe Miller on Twitter HERE and Facebook HERE.

Gun Sales Have Fallen Since Obama Left Office

The gun industry may be headed for a slump after eight years of explosive growth under former President Barack Obama.

From December through February, the number of federal background checks conducted each month declined from the same month a year ago, according to the Associated Press. While not an exact measure of total firearm sales, background checks are considered a key measure of how gun manufacturers are performing.

One reason for the softening demand, some gun industry experts say, is that potential gun buyers are no longer worried Washington will issue new regulations restricting gun sales.

“President Obama was the best gun salesman the world has ever seen,” Karl Sorken, a production manager at Houston-based Battle Rifle Co., told the AP.

During Obama’s tenure, customers rushed to buy firearms before the administration could follow through on its goal of placing tighter controls on the type and number of guns that could be sold. The gun industry boomed on the surging demand: The number of U.S. companies licensed to make firearms jumped 362 percent over the decade ending in 2015. (Read more from “Gun Sales Have Fallen Since Obama Left Office” HERE)

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The Latest on the President: Trump Signs Order Loosening Gun Restrictions

President Donald Trump has signed a resolution blocking an Obama-era rule that would have prevented an estimated 75,000 people with mental disorders from buying guns. The rule was part of former President Barack Obama’s push to strengthen the federal background check system in the wake of the 2012 Newtown, Connecticut shooting.

It required the Social Security Administration to send in the names of beneficiaries with mental impairments who also need a third-party to manage their benefits. But lawmakers, the National Rifle Association and even the American Civil Liberties Union criticized the rule, saying it unfairly stigmatized the disabled and infringed on their constitutional right to bear arms. (Read more from “The Latest on the President: Trump Signs Order Loosening Gun Restrictions” HERE)

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Underreported: How Gun Silencers Became a Health Issue

Most people only know about silencers from what they see in the movies—a stealthy gun accessory that helps criminals more easily kill by suppressing the sound of the gunshot. But silencers, some say, is a misleading way to describe these firearm accessories. Why? Because they don’t actually silence the sound of a gunshot.

In a brand new video series, “Underreported,” The Daily Signal digs into the controversy surrounding silencers—or “suppressors,” as gun advocates prefer to call them. We explore why firearm suppressors are so heavily regulated; speak with Sen. Mike Crapo, a Republican from Idaho who’s leading the charge to lift these regulations; and head to the National Rifle Association to see how they actually work.

Watch the video and share your feedback about whether Congress should take on this issue on The Daily Signal’s Facebook page. (For more from the author of “Underreported: How Gun Silencers Became a Health Issue” please click HERE)

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