2A Newsletter: Week of July 21st

Congress Quietly proposes national ban on 80 percents

Photo Source: Rob Crandall via Shutterstock

In a recent legislative development that has largely flown under the radar, Congress has put forth a proposal that could significantly alter the landscape of gun rights in America. Known as H.R. 3993, this proposed law, if enacted, would effectively impose a national ban on 80% lowers.

By definition, an 80% lower isn't recognized as a firearm until the final 20% of the manufacturing process is completed. This has traditionally granted them a somewhat unique status within the wider context of gun legislation. The proposed H.R. 3993 seeks to leverage this technicality by providing a right of private action to victims of crimes involving "ghost guns". This would permit such victims to initiate lawsuits against manufacturers, sellers, or online retailers associated with the distribution of 80% lowers.

This proposed legislation came right after our recent legal victory when the federal district court in North Texas vacated the ATF Final Rule 2021R-05F. This decision reinstated the right of individuals to manufacture and purchase lower receivers and jigs, marking a major milestone in the fight for gun rights.

For those seeking more information about these developments, stop by and read our ATF Ruling FAQ page. It provides a comprehensive overview of these complex issues and the potential impact they could have on the right to build our own guns.

Why is there less support for the 1st Amendment today?

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We've noticed an alarming trend which can be seen in a Louisiana federal judge's ruling last week where the First Amendment and the principles of free speech just seems to continually diminish... The decision barred a host of federal agencies and officials from nudging social media platforms to suppress speech they find politically unfavorable.

Critics of the judge's decision have attempted to downplay the implications of the Biden administration's efforts to quell COVID-19 "misinformation." They argue that these efforts don't add up to state-sanctioned censorship. Yet, the wealth of evidence highlighted in the ruling paints a different picture. It exposes repeated instances where federal officials exerted pressure on platforms like Facebook, Twitter, and YouTube to erase content deemed as a potential threat to public health.

What's more chilling is how the legacy media, such as The New York Times, are viewing this trend. The NY Times had previously warned that "the First Amendment has become, for better or worse, a barrier to virtually any government efforts to stifle a problem that in the case of a pandemic, threatens public health and, in the case of the integrity of elections, even democracy itself." 

These observations should be a major wake-up call. Free speech is not an impediment but the bedrock of our democracy. Now more than ever, it's crucial to remain vigilant and staunchly defend our First Amendment rights which are directly related to our Second Amendment rights as well. 

Supreme Court Agrees to Hear Rahimi Restraining Order 2A Case

Photo Source: Vitalii Vodolazskyi via Shutterstock

This week, the Supreme Court agreed to hear United States v. Rahimi, signaling possible tolerance towards the Biden administration's resistance to fully recognizing Second Amendment rights.

As members of the 2A community, our concern is that tough cases such as Rahimi's can create bad laws which could lead to unintended repercussions. So what is this case all about?

There has been widespread media coverage portraying this case as one about domestic violence. Zackey Rahimi, the defendant, is a convicted drug dealer who has committed several crimes involving firearms as well. His case, however, is about due process. Rahimi was actually never convicted of domestic violence. 

The pivotal question in this case is:

"Can a person's gun rights be taken away, simply from a restraining order?"

A three-judge panel from the Fifth Circuit previously ruled such action as unconstitutional. There is no historical precedent for stripping constitutional rights based on a mere restraining order.

The key point here is the far-reaching implications this case could have on the interpretation of Second Amendment rights. Think back to last year during the Dobbs V. Jackson Womens Health (Case that overturned Roe v. Wade), the media blows everything out of proportion and know exactly which buttons to press to rile up the masses. This becomes especially critical considering the Biden administration's push for the Rahimi case to be before the Supreme Court. Why?

Biden and his cronies likely want to push this case because of the likelihood of anti-gunners being able to use this case as an underhanded method to enhance Extreme Risk Protection Orders, otherwise known as "Red Flag" laws. 

ATF is retaliating against Gun Stores that oppose them

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A North Dakota gun shop, Morehouse Enterprises, was faced with the full force of the ATF shortly after challenging the now-defunct frames & receiver rule through a lawsuit filed with the help of the GOA. After the lawsuit, Morehouse Enterprises received its first-ever ATF inspection, despite the usual practice of delaying such inspections during ongoing litigation.

Despite the Industry Operations Investigators (IOI) stating they were doing a great job. Having all the documentation for the 2700 guns the store had ever acquired, along with 2400 total firearms dispositions. They were then issued a “Report of Violations” showing they had 3 simple clerical errors and 2 more serious issues.

Biden outlined in a press release his Zero tolerance policy and here are the criteria that call for immediate revocation. None of the issues found in Morehouse Enterprises remotely fit that criteria, yet on May 23, 2023 the ATF informed the company that they would be revoking both FFL’s they held.

With FFL revocations up 500% since Biden tripped into the White House, attacks on the Second Amendment are at a high we have not seen in years. The GOA has started up their legislative work in conjunction with Morehouse Enterprises once again. Whether the ATF was being vindictive of a company exercising their First Amendment right or it was “just how things go” will all be seen in the coming months from the court of law.

Has the ATF really not learned their lesson from Waco, Ruby Ridge, or their Fast and Furious Operation failures? Everything has been largely cordial so far with instances of the ATF's overreaching shows of force, but the reality is that Americans can only take so much. It would appear that Biden clearly does not care and his administration intends to push us to the brink. 

It's our job to make sure that doesn't happen and push back to avoid further escalation. So make sure you are doing your part in spreading positive gun culture, introducing new people to exercising their 2A rights, and contribute to 2A legal advocacy groups whenever you can. Write to your elected officials and show up to the polls every time. 

In other 2A news:

• Measure 114 is not looking good for Oregon 
• Remember FPS Russia? Here’s a conversation he recently had with Brandon Herrera

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