More on Pistol Braces

November 24th, 2014


I've been over the issue of pistol stabilizing braces before. Attaching one to a pistol is perfectly legal. It is also legal to use it as a shoulder stock, though that's not the intended purpose. The BATFE issued a very specific letter to clarify this.

Black Aces Tactical recently manufactured a shotgun with the brace, and they've been informed that this is impermissible. People are now under the impression that this affects all uses. That is not the case.

The answer is simple and short. In legal terms, a shotgun is not a pistol. They are two different things.

As per 18 U.S.C., § 921(A)(5), a shotgun is defined as,

a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of an explosive to fire through a smooth bore either a number of ball shot or a single projectile

A shotgun is a smoothbore weapon designed to be fired from the shoulder. It has its own set of legal restrictions.

This ruling prohibits the use of a pistol brace on a shotgun. It has no applicability to actual pistols.

Jay Leno Weasels Out

November 23rd, 2014


Jay Leno was scheduled to speak at the 2015 SHOT show but has cancelled under pressure from gun-control groups. This came from his spokesperson:

When it came to his attention that this was actually a pro-gun lobby show, he immediately cancelled his appearance. He found out that it was not what he was originally told it was, and he decided to cancel.

OK, what else would the National Shooting Sports Foundation be? I find it incomprehensible that he would be ignorant of that, or of what the SHOT Show promotes. He could at least have been honest about it.

The Coalition to Stop Gun Violence (formerly the National Coalition to Ban Handguns) had this to say:

The writing is now on the wall for celebrities who would consider getting in bed with the gun lobby: Don't do it. Because if you do, your reputation and brand will be damaged forever, without repair.

And these are the guys who talk about respecting the 2nd Amendment in their rhetoric?

The NSSF covers a lot of bases. Hunting and safety are foremost among them. Guess who distributes education literature to dealers to advise them on responsible selling practices? It's the NSSF, not CSGV. I've yet to hear one word from Moms Demand Action, and I've never seen Everytown for Gun Safety distribute a single piece of literature on, well, gun safety.

So, this happens…

November 20th, 2014


Here's a Cobra .380 pistol, gone asplodey on the range. Notice the texture of the crack: that's not steel. It's a zinc alloy.

One shouldn't trust such things to handle 21,000 psi with any real grace.

I-594: Curios and Relics

November 16th, 2014


The ATF has long recognized that certain firearms fall into a category known as "curios and relics." As defined, this includes weapons that "are of special interest to collectors by reason of some quality other than is associated with firearms intended for sporting use or as offensive or defensive weapons." Most are firearms over 50 years old, or for which the value is historical rather than functional.

Collectors of curios and relics (C&R) can acquire a Type 3 FFL, which allows them to bypass some of the transfer requirements of the Gun Control Act and Brady Act. To the best of my knowledge (and please prove me wrong), Borchardt pistols and Clement carbines are hardly the preferred weapons of gang violence and mass shootings.

But folks in Washington state decided to do things their own way. Whether through haste or design, I-594 now makes it pointless to hold a C&R license there.

The background check requirement applies to all sales or transfers including, but not limited to, sales and transfers through a licensed dealer, at gun shows, online, and between unlicensed persons.

Type 3's aren't dealers, so they can't conduct background checks. As such, they'll need to have all transfers done through a Type 1 or 2 dealer. That pretty much invalidates the very point of a C&R license.

What about the federal rules exempting C&R weapons? There's no equivalent in I-594. The only exception for the background-check requirement is for guns defined as antiques, which are:

(…) a firearm or replica of a firearm not designed or redesigned for using rim fire or conventional center fire ignition with fixed ammunition and manufactured in or before 1898, including any matchlock, flintlock, percussion cap, or similar type of ignition system and also any firearm using fixed ammunition manufactured in or before 1898, for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade.

That's, well…that's pretty much everything. There might be merit to a lawsuit challenging this conflict between federal and state law.

(Sorry, Crufflers: I hadn't considered this wrinkle before. I went back and checked last year's federal background-check bill. Its definitions would have presented the exact same problem.)

Hollis v. Holder

November 8th, 2014


A guy named Jay Aubrey Isaac Hollis has started a crowdfunding campaign. His goal is to bring litigation against Attorney General Holder on the grounds that the National Firearms Act and 1986 Hughes Amendment are unconstitutional.

In short, he submitted a Form 1 to the BATFE for approval to build a machine gun for personal use, even though it's illegal for him to do so. Somewhere along the line, somebody got their wires crossed, and it was approved. The BATFE recognized the error and revoked their approval the same day.

Mr. Hollis seems to think this is his big Mr. Smith Goes to Washington moment, and he's presenting a batch of Hail Mary passes to the Northern District court in Texas. Seriously, this is what he asks for in the opening pages:

  • overturning Wickard v. Filburn
  • declaring "unjust taking" under the 5th Amendment because an erroneous approval was reversed
  • applying strict scrutiny to all matters involving the 2nd Amendment, despite the fact that most Circuit courts have rejected the idea
  • revisiting the legislative process behind the passage of the Hughes Amendment

This guy is going to crash and burn in oral arguments, and we'll all suffer for it. Whatever you do, don't encourage him.

Continued »

I-594: A Recipe for Disaster

November 6th, 2014


It only cost $13 million, but Washington State voters have passed a bill [pdf] mandating "universal" background checks for all transfers of firearms. This is bad law. It will punish those whose only failing was not knowing its stipulations in detail, and it will do nothing to deter crime.

Under the law, a transfer is pretty much any situation in which possession of a gun changes. It doesn't just cover the sale of firearms–a transfer occurs whenever someone besides the registered owner is in possession of the gun. So, "hold my rifle while I tie my shoes" is a transfer. If a background check hasn't been done, with a licensed dealer as the intermediary, both parties commit a gross misdemeanor.

I'm afraid it's going to take a few innocent people getting thrown in jail or losing their right to own guns in Washington before the defects of this law come to light.

Continued »

On Referendums

November 4th, 2014


The Republicans are looking to pick up six or more seats in the Senate tonight. Mitch McConnell looks to be winning in Kentucky, and he'll probably replace Harry Reid as majority leader.

Tomorrow morning, the Republicans are going to be basking in optimism and satisfaction. That would be a tremendous mistake. They need to have viable plans in place right now, or they'll be back in the wilderness in two years.

Pundits are calling this election a referendum on the President and his policies. That's not the case. If anything, that would have been the 2010 election. The "take back our country" rhetoric and tricorner hats won Republicans a few seats, but the Tea Party forked the message and turned their narrow majority into a tool for little more than squabbling obstructionism. They seemed to think the public didn't notice.

Next came claims they'd take the White House in 2012. That didn't happen. Presidential candidates bickered among themselves over who was more conservative and did little else. When the dust settled, they were left with Mitt Romney. Tea Party freshmen in the House lost seats. In New York and New Hampshire, they lost their seats back to the Democrats they'd unseated in 2010.

They were left with just enough votes to force one government shutdown and threaten another. They've little else to show for their work.

This year, they seem more focused, but their victory will be transitory at best.

Continued »

Henderson v. United States

October 21st, 2014


The Supreme Court granted cert to this one last night. At issue is the disposition of a person's firearms once he's convicted of a felony.

The question presented is whether such a conviction prevents a court under Rule 41(g) of the Federal Rules of Criminal Procedure or under general equity principles from ordering that the government (1) transfer non-contraband firearms to an unrelated third party to whom the defendant has sold all his property interests or (2) sell the firearms for the benefit of the defendant. The Second, Fifth, and Seventh Circuits and the Montana Supreme Court all allow lower courts to order such transfers or sales; the Third, Sixth, Eighth and Eleventh Circuits, by contrast, bar them.

Henderson's argument is here [pdf].

The government's response is here [also pdf].

I have little doubt this will be dubbed a "felons with guns" case or somesuch, but that would be inaccurate. Henderson does not assert that he is entitled to keep his firearms:  he is claiming that he has the right to compensation upon surrendering them.


October 20th, 2014


The paint on my black Stingray started chipping, so I took a Scotch-Brite pad to it.

Polished Stingray

Continued »

Settling In

October 13th, 2014


Clio's making herself at home. Maia doesn't always seem to approve of the new arrangements, though.

Clio on the couch


October 8th, 2014


I've had Maia for just over two years, so it's time for a new dog.

(A companion, not a replacement. It's important to make that distinction clear when you bring your existing dog to the shelter.)

So, this is Clio.

The coloring suggests English Setter, but the nose and ears are something closer to a Labrador. We're off to the vet tomorrow to get a better idea on age and lineage.

Eric Holder Resigning

September 26th, 2014


It may seem like odd timing, but it makes a perverse sort of sense. Come Monday, the Department of Justice will be required to release documents they previously withheld from Congress during the Fast & Furious investigation. Holder may be trying to distance himself from whatever fallout might ensue, but he remains in contempt of Congress for that bit of obstruction.

While it looks like he'll escape any consequences from that (and it has for some time), one can only hope this will haunt his professional life. Two American law-enforcement officers and over 150 Mexicans died as a result of a botched operation that took place on his watch.

As it stands, we've got a midterm election coming up, and there's a possibility of the Senate changing hands in January. If that's the case (and I'm not sold on it), the President will have a difficult time appointing a favorable successor. Expect a nominee before that.

I imagine Solicitor General Verrilli's name will be in the running. He's the safe choice. Deval Patrick's name was briefly floated, but his political baggage is more disastrous than Holder's.

Kamala Harris is also a possibility, which concerns me. She instituted California's ballistic fingerprinting system, supported Proposition H (a total ban on handguns in San Francisco), and signed on to an amicus curiae brief in the Heller case arguing against the individual right to keep and bear arms.

We're not going to get a good appointee, but Verrilli seems the least dangerous possibility.

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