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December 10th, 2023

ATF “Engaged in the Business” Proposed Rule Opposed by NSSF

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NSSF Comments Against Biden Administration’s Proposed ‘Engaged in the Business’ Rule
NSSF, The Firearm Industry Trade Association, submitted a 28-page comprehensive public comment letter detailing the pitfalls of the Biden administration’s proposed “Engaged in the Business” rule that would create criminal law through executive fiat. The proposed Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) rule, published 9/8/2023, would redefine individuals considered to be “engaged in the business” of selling firearms, requiring nearly any individual selling more than one firearm to obtain a federal firearms license (FFL) and move the United States toward universal background checks, which was rejected by Congress.

“Respectfully, ATF lacks the legal authority to do so,” wrote Lawrence G. Keane, NSSF’s Senior Vice President and General Counsel in the public comment letter.

READ NSSF Letter Challenging ATF’s Proposed Regulation »

“The Proposed Rule exceeds ATF’s limited authority to adopt regulations. In enacting the Gun Control Act of 1968, Congress rejected making a violation of a regulation a crime,” the letter reads. “In enacting the Firearm Owner’s Protection Act of 1986, Congress further reduced ATF’s regulatory power. The specificity of authorized regulations negates a broad power.”

Keane added, “ATF has no authority to ‘improve’ on what Congress enacted or to create new crimes not enacted by Congress. An agency may not re-write statutory terms or fill in what the agency considers to be ‘gaps’ or ‘loopholes’ in the statute. The GCA is a criminal statute, and ATF’s reading is not entitled to any deference. Given that the GCA is a criminal statute with the same meaning in a civil context, ATF may not create presumptions thereon for civil or administrative purposes.”

Biden Administration Aggressively Targets FFLs
The Biden Administration, acting through the ATF, is aggressively working to shut down gun stores and FFL businesses throughout the country. According to the NRA America’s 1st Freedom site, some 1619 FFLs have gone out of business since 2020 when Joe Biden took office. That is a major change, reflecting extremely hostile and aggressive policies now being pushed by the anti-gun Biden administration.

NSSF warns ATF in the public comment letter that the Proposed Rule would invite unintended consequences that would be detrimental to the ATF’s law enforcement and regulatory missions. The Proposed Rule would create an untold number of licensees, divert ATF resources away from providing necessary industry services, distract ATF from bona fide criminal investigations and harm both the legitimate firearm industry and ATF operations.

NSSF has been critical of Final Rules enacted by the Biden administration that have bypassed Congress to create criminal law through Executive overreach, including the ATF’s Final Rules on Frames and Receivers and Stabilizing Pistol Braces. Those rules are under legal scrutiny by U.S. Courts of Appeal.

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April 8th, 2023

Saturday Movies: Credit Card Gun Tracing, Biden Executive Order

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Today we showcase three videos that cover current issues with gun sales and Second Amendment rights. We lead off with an NSSF interview video that covers key actions that will affect gun owners. The first is the adoption of new product/merchant categories that will allow credit card companies to track firearm purchases. This causes concern because it can identify persons as gun buyers when they only purchased outdoor gear or accessories. And it creates the risk of creating a list of gun owners — even though a national registry is forbidden by Federal law.

The first video, from the NSSF, also covers the impact of a recent Executive Order by President Joe Biden. This seeks to impose new types of gun control by fiat — without the approval of Congress. This new Executive Order is also covered in a recent BackFire TV video and a good video from the U.S. Concealed Carry Association (USCCA).

The NRA-ILA explains: “Joe Biden issued an Executive Order on gun control that could accurately be described as a mile wide and an inch deep. There is no doubt what it all adds up to: antagonism toward gun ownership is now the official policy of the U.S. government’s Executive Branch.

Now, Biden is basically directing an alphabet soup of federal departments — including Justice, Health and Human Services, Education, and Homeland Security — to comb through the BSCA and come up with their own plans to implement it to the fullest extent possible.”

NSSF President Discusses Credit Card Issues and Executive Order

Here is a very informative video from the National Shooting Sports Foundation (NSSF). The video features NSSF President/CEO Joe Bartozzi interviewed by NSSF’s Erik Scarpati. The 20-minute video interview covers three main topics. First NSSF Pres. Bartozzi covers the history of the NSSF and explains its current mission to support the Second Amendment and promote the shooting sports. Second the interview covers some very concerning developments — how Federal agencies are pushing Credit Card companies to track firearms-related purchases. This is being done through the use of Merchant and Product Category Codes. This could effectively be used to create a de facto gun registry, which is specifically prohibited by Federal law. Third the interview covers the terms of President Biden’s recent Gun Control Executive Order.

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Significant Issues with Biden Executive Order

Backfire TV head honcho Jim Harmer has built a popular YouTube Channel with over 650,000 subscribers. He is also a licensed attorney based in Utah. In this video, he discusses key items in President Biden’s recent Executive Order concerning firearms. Harmer explains the ways this Executive Order could restrict Second Amendment rights and encourage multiple Federal agencies to interfere with gun owners.

Specifics of Biden Executive Order — Gun Buyer Lists, Red Flag Laws, and More…

President Joe Biden recently signed an Executive Order paving the way for eventual universal background checks, red flag laws, and further gun control measures. In this video, Katie Pointer-Baney, USCCA Director of Government Affairs, outlines what this Executive Order could mean for the future of private gun sales, Federal Firearms Licensees, and the Safer Communities Act.

Here are highlights from the video:
00:00 President Biden’s Executive Order
01:25 What is an Executive Order?
02:28 Accelerating the Safer Communities Act
03:02 How does the Order affect FFLs?
03:20 Law-abiding citizens and private gun sales
05:09 Let your elected representatives hear your viewpoint

How Credit Card Tracking Affects Gun Owners
The use of special Codes for outdoor sports stores is problematical to say the least. There is a real concern that there would be broad over-reporting of sales relating to guns, because the Code would be applied to a variety of purchases.

NRA America’s First Freedom explains: “A person who uses a credit card to purchase a gun safe, a trolling motor and binoculars from a sporting goods store over several weeks or months, as well as any ammunition they might need, will make all of these purchases under the same proposed MCC used for gun sales. If anti-Second Amendment extremists get their way, these purchases could then prompt a credit-card company to report the sales to the authorities. Next, a police officer, or an agent from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), might show up at a citizen’s home to find out why they’ve been buying so much stuff from their local ‘gun store’.”

For more information about the Credit Card Code issue, see this story in our Daily Bulletin: Credit Card Companies to Implement Special Code for Gun Sales.

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November 2nd, 2022

Vote in the Election — Make Your Voice Heard & Protect 2A Rights

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NOTE: The above image (with time count-down) was captured Wednesday morning 11/2/22. But the clock is ticking. CLICK HERE for the current time remaining. Register now, and be sure to vote in this election.

Get out and vote people. It’s not too late to register to vote in many states — you can do so in person or remotely. It’s absolutely vital that all Americans who believe in the Second Amendment and personal freedom vote in this November election. The Biden administration is pushing for further restrictive gun control measures, and Blue State politicians wish to restrict CCW, limit your gun purchases, and ban many types of guns outright. For example, Ballot Measure 114 in Oregon would create a published, searchable database of gun members and require a special state permit to buy or sell a firearm.

The forces against freedom are relentless, and they will not be satisfied until gun rights are gone. Just look at what is happening in Canada. Prime Minister Trudeau recently imposed a complete ban on sale, transfer, and importation of handguns. Don’t want that to happen here in America? Then get out and VOTE.

The Gunvote.org site has helpful links that provide information on registration and voting in all 50 states. Use that site to find out WHERE and WHEN you can vote in your jurisdiction. Now more than ever it is vital for ALL American gun owners to make their voices heard.


REGISTER and VOTE People — DO IT!

The last day to vote in most states will be Tuesday, November 8, 2022.

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April 15th, 2022

Biden Nominates Radical Anti-Gunner for ATF Director Job

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On April 11, the Biden Administration nominated Steven Dettelbach as the Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), subject to Senate confirmation. With Dettelbach’s nomination, President Biden revealed his intent to put an aggressive gun control advocate in charge of the agency responsible for regulating America’s firearms industry.

David Chipman, Biden’s first ATF Director nominee, failed to achieve enough support in the Senate to be confirmed. After Chipman’s shortcomings were exposed in Senate hearings, the Biden Administration withdrew Chipman’s nomination. Chipman had worked for anti-gun lobbying groups and advocated widespread banning of popular current firearms types and even supported confiscation of modern sporting rifles. When it was clear Chipman would not win Senate confirmation, Biden withdrew the nomination.

Now Biden has nominated a second ATF Director candidate who is equally objectionable.

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NRA-ILA Says Dettlebach Supports Radical Restrictions on Gun Rights
The NRA-ILA states: “Like Chipman, Dettelbach is a dedicated gun controller with a background that proves he would be neither fair nor objective as head of ATF. When running for Ohio Attorney General in 2018, Dettelbach endorsed gun bans, restrictions on lawful firearm transfers, and further expansion of prohibitions on who can lawfully possess a firearm. In short, it’s unclear what gun control measures Dettelbach doesn’t support.

This led NRA-PVF to award Dettelbach an ‘F’ for his positions on the right to keep and bear arms. Notably, Michael Bloomberg’s … gun control group Everytown for Gun Safety (David Chipman’s former employer) endorsed Dettelbach in his bid to become Ohio’s Attorney General.

Ohio voters wisely rejected Dettelbach and his gun control promises in 2018. But, Dettelbach’s unpopular views on the Second Amendment put him in line with the most anti-gun presidential administration in American history.

It will once again be up to gun owners to make clear that a failed anti-gun politician has no more place at the head of the ATF than a failed anti-gun lobbyist. Please contact your U.S. Senators… and respectfully encourage them to oppose Dettelbach’s nomination.”

Dettlebach Supports Ban on Modern Sporting Rifles
The National Shooting Sports Foundation added: “NSSF is committed to a thorough examination of Dettelbach’s record and qualifications. Dettelbach has previously stated support for bans on Modern Sporting Rifles (MSRs), or AR-15 semiautomatic rifles, universal background checks, which are unworkable without a national firearm registry that is already forbidden by federal law, and extreme-risk protection orders, or so-called ‘red flag’ laws, without protections for Due Process considerations.

Dettelbach … a recent partisan candidate for public office, supported gun control during his campaign [and was] endorsed by the gun control group Everytown for Gun Safety, for his support for policies restricting Second Amendment rights.”

COMMENTARY: Dettlebach is a Staunch Enemy of the Second Amendment
We concur that Dettlebach is not a candidate who respects the Second Amendment. If appointed to head the ATF, Dettlebach can be expected to push for policies that will negatively affect the rights of all American gun owners. Dettlebach will likely seek to impose a de facto national gun registry (a digital database of gun owners), make background checks more difficult, and put more restrictions on semi-auto pistols and rifles.

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April 13th, 2022

ATF Announces New Biden Orders Banning 80% Receivers

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Through Executive action, without new Federal legislation, the Biden Administration, acting through the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) is moving to ban the direct sale of unfinished firearm frames and receivers which could be built into functional guns with some additional work and components. (Top photo from GunsAmerica Digest.)

This week, the Biden administration announced the final ruling for ATF 2021R-05, “Definition of ‘Frame or Receiver’ and Identification of Firearms”. Among its provisions, the ruling will effectively eliminate the distribution of “80% Kits” and require FFLs and gunsmiths to serialize such kits upon acquisition. The rule will go into effect 120 days from the date of publication in the Federal Register.

“This ruling will have significant regulatory and operational impacts on FFLs, gun owners and the entire firearms industry,” said Phil Milks, Orchid LLC VP and FFL Law Lead Attorney. “It’s imperative firearm manufacturers and retailers review the ruling in detail and evaluate their manufacturing, serialization and recordkeeping processes to ensure compliance when the new regulations go into effect. We urge FFLs to contact Orchid to learn more about this ruling and how it may affect their firearms business.”

New ATF Ruling Covered at Upcoming 2022 Firearm Industry Conference
The ATF’s new policies on unfinished receivers will be the focus of a seminar at the 2022 Firearms Industry Conference (FIC), April 26-27 in Atlanta, Georgia. At the FIC seminar/discussion, ATF executives will review the new ruling and take questions. Agency personnel will also be available during scheduled breakout sessions and private FFL/ATF meetings. The seminar/discussion will be hosted by Orchid LLC and the Williams Mullen Firearms Industry Group.

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“With ATF executives in attendance, we believed it was important for attendees to have an opportunity to hear from and engage with their leadership in open dialogue,” said Orchid CEO, Jon Rydberg.

Over 20 ATF executives will attend FIC 2022, including:

– Marvin Richardson, Acting Director, ATF
– Tom Chittum, Acting Associate Deputy Director, ATF
– Alphonso Hughes, Asst. Director, Office of Enforcement Programs & Services
– Andy Graham, Deputy Asst. Director, Office of Enforcement Programs & Services
– Marianna Mitchem, Chief, Firearms & Explosive Industry Division
– Curtis Gilbert, Deputy Asst. Director (Industry Operations), Office of Field Operations
– Andrew Lange, Chief, Office of Regulatory Affairs

“The Firearms Industry Conference is critically important, especially this year, to the firearms industry”, said Chuck James of the Williams Mullen Firearms Industry Group. Held April 21–27, FIC 2022 features virtual and in-person sessions led by Federal agency personnel, firearms industry leaders, and subject matter experts. Sessions are broken intro three tracks: Firearms Industry Law & Finance, FFL Compliance, and FFL Technology. FIC On-Air™ will be held online April 21–22, followed by FIC Workshops on April 25, with the main FIC event on April 26–27 in Atlanta. To register for FIC 2022, visit orchidadvisors.com/FIC.


This article is based on a news release by Orchid Advisors and FFL Law consultants.

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September 10th, 2021

David Chipman Withdrawn as Nominee for ATF Director

ATF David Chipman Nomination BATFE Second Amendment Foundation

Recognizing that a confirmation vote was likely to fail, the Biden White House has retracted the nomination of David Chipman to head the Federal Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). An aggressive anti-gunner, Chipman has advocated the banning of AR-15s and other popular semi-auto rifles. There were concerns about the handling of his own, issued firearms when he worked for the ATF, and his statements as a paid anti-gun activist were extreme and worrisome. Chipman is currently a paid gun control lobbyist who has worked for Bloomberg’s Everytown, as well as the gun control groups Brady United and Giffords Law Center.

Sen. Mitch McConnell was pleased that the Biden Administration retracted the “terrible nomination of David Chipman”. McConnell noted that it was “absurd that a vocal opponent of Americans’ Constitutional rights was ever picked to run ATF. This is a win for the Second Amendment and law-abiding American citizens.”

Sen. Steve Daines concurred: “I’ve been opposed to David Chipman leading the ATF from the start. He’s an anti-Second Amendment, gun-grabbing radical that should not lead the agency that regulates firearms.”

“The defeat of David Chipman is a victory for all Americans who value the right of self-defense,” said Young Americans for Liberty spokesman Eric Brakey, who added: “Chipman has called for a total ban on private ownership of commonly-owned firearms — like the AR-15[.] President Biden should have never nominated this rabid activist on the payroll of Bloomberg-funded anti-gun groups to lead the ATF in the first place.” And the Second Amendment Foundation’s Alan Gottlieb stated: “This is a great grassroots victory for the Second Amendment.”

Immediately following Chipman’s nomination, Gottlieb said it had the smell of political patronage to the Giffords Law Center gun control lobbying group. He also accurately portrayed the nomination as a declaration of war on gun owners’ rights. “We predicted Joe Biden’s pick would ignite a political firestorm, and it did”, Gottlieb recalled. “The President has been so wrong on so many issues, and the Chipman nomination ranks right up there[.]”

Gottlieb continued: “We’re proud of the grassroots effort to defeat this foolish Biden scheme to put an acknowledged extremist gun ban advocate in charge of ATF[.] This is a major defeat for the billionaire elitists who bankroll the gun prohibition movement.”

The Citizens Committee for the Right to Keep and Bear Arms declared that the withdrawal of anti-gun lobbyist David Chipman’s nomination to head the ATF is “a much-deserved defeat for the gun prohibition lobby and Joe Biden”.

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April 10th, 2021

Gun Talk Sunday — Threats to Second Amendment Examined

Gun Talk Radio Tom Gresham

With the aggressive anti-gun stance of the Biden administration, and the President’s demonstrated willingness to rule via authoritarian Executive Orders, bypassing the legislative process, all gun owners should be concerned about serious attacks on their Second Amendment rights.

The latest gun control actions from the White House and the Democratic-party controlled Congress are the key focal points of Tom Gresham’s Gun Talk® Radio show this Sunday, April 11, 2021. In its 26th year of national syndication, Tom Gresham’s Gun Talk show airs live on Sundays from 2:00 PM to 5:00 PM Eastern, and runs on more than 270 stations every week. Listen on a radio station near you or via live streaming on your computer or mobile device.

Gun Talk Radio Tom Gresham

Authoritarianism: The principle of blind submission to authority, as opposed to individual freedom of thought and action. In government, authoritarianism denotes any political system that concentrates power in the hands of a leader or a small elite that is not constitutionally responsible to the body of the people. Authoritarian leaders often exercise power arbitrarily and without regard to existing bodies of law[.]
— Definition from Encyclopedia Brittanica

Gun Control and 2d Amendment Sanctuaries To Be Discussed

This week, Tom talks with BearingArms.com editor Cam Edwards about recent gun control actions at both the state and federal levels, including President Biden’s recently announced gun control executive orders. Plus, Noah Davis has put together an extensive list of counties and cities that are enacting laws to protect gun rights in 2nd Amendment Sanctuaries. And Brownell’s Roy Hill joins Tom to discuss building and upgrading firearms (particularly ARs) with products showcased in the new Brownells Armory.

Tom Gresham Gun Talk Radio

Tom Gresham’s Gun Talk Radio show airs live on Sundays from 2PM-5PM Eastern. Listen on a radio station near you or via LIVE Streaming. All Gun Talk shows can also be downloaded as podcasts through the GunTalk Podcast Center or Apple iTunes. Gun Talk is also available on YouTube and GunTalk.com. As always, call 866-TALK-GUN with your comments, questions, and range reports.

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April 1st, 2021

Biden Orders All Military Terminology to Be Gender-Neutral

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By means of an Executive Order signed yesterday, U.S. President Joe Biden has ordered a ban on ALL military words/terms considered sexist or culturally insensitive. The President has ordered the Pentagon to immediately determine replacement nomenclature for offensive words such as “cockpit” and “chief”. Starting today, all military communications must be “gender-neutral” and not male-centric. To address the issue, the Pentagon is now forming a “Rapid Gender Neutralization Force” with top generals and admirals from the Army, Navy, Air Force, and Marine Corps. Phase One funding of $126.9 million has been allocated from the 2021 U.S. Special Operations budget to handle the Gender Neutralization project.

Among the military nouns, verbs, adjectives and acronyms that will be banned are the terms listed below, with the reason for the ban, and proposed replacements.

Cockpit — Not Gender Neutral (New: Pilot Enclosure)
Airman/Airmen — Not Gender Neutral (New: Aviator/Aviators)
Broadside — Offensive to Female Navy Personnel (New: Full Fire Sequence)
Chief and Chief of Staff — Native American Cultural Appropriation (New: Leader, Leader of Group)
Foxhole — Offensive to Female Infantry Personnel (New: Person Pit)
ASDIC — Offensive to Female Navy Personnel (New: Anti-Submarine Sonar ASS)

Military Phonetic Alphabet Changes (Mandatory Immediately)

In addition to the ordered changes in specific military terminology (as listed above), all U.S. Armed Services will immediately start using new Radio Phonetic Call-outs for particular letters of the alphabet. Here are the new Mandatory Radio/Telephone Comms Alphabet terms (with others pending):

“G Golf” (Issue — Golf, favored by white elites, perpetuates systemic racism) Replaced with “G Grim”.
“P Papa” (Issue — Not LGBTQ tolerant) Replaced with gender-neutral “P Parent”.
“K Kilo” (Issue — Promotes drug trafficking) Replaced with “K Kamala”.
“R Romeo” (Issue — Promotes male patriarchy) Replaced with “R Reset”.
“W Whisky” (Issue — Promotes alcohol abuse) Replaced with “W Woke”.
“Z Zulu” (Issue — Racism, Cultural Appropriation) — Replaced with “Z Zealot”

The phonetic alphabet is a list of words used to identify letters in a message transmitted by radio and/or telephone. The phonetic alphabet can also be signaled with flags, lights, and Morse Code.

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Is it Time for Major Changes in Our Military Language?

For many years, U.S. and NATO military leaders have called for progressive, inclusive terminology changes. Here are three recent articles in highly-respected military journals discussing the issue:

We need gender-neutral words to attract female service personnel:

“Why is adopting gender-neutral language so difficult for the Armed Forces? In 2017, a training establishment was widely ridiculed in the press for having suggested a fairly mild list of gender-neutral terms to replace words such as ‘chaps’ and ‘manpower’. Gendered language does more than just give offence[.] The real effects are … insidious, perpetuating stereotypes, damaging recruitment and retention and undermining the ability of the Armed Forces to harness the talents of its people. At the most severe, it affects mental health, damages unit cohesion and undermines operational effectiveness.”

Source: Wavellroom.com, Importance of Gender Neutral Language for Defense

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The horrible effects of military-forged toxic masculinity spills over into the business world:

“Military language infused in business systematically elevates traditionally ‘masculine’ qualities and traits as most … valued and important for moving up into the ranks of leadership. Those who don’t fit the mold struggle to rise. The cycle of ‘institutionalized masculinity’ represents a textbook example of how any ‘ism’ becomes institutionalized — racism, sexism, ageism, and anything else that gets ingrained and perpetuated into culture, ultimately reinforcing the status quo and keeping others on the fringe.”

Source: Inc.com, Sexist Military Language Infiltrates Business Culture
_______________

U.S. Male and Female Soldiers Show New Gender-Neutral Combat Uniforms

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Along with gender-neutral words, many military leaders now favor gender-neutral uniforms for all personnel. Shown above are U.S. soldiers field-testing a new gender-neutral combat uniform. It is believed that the U.S. Army is seriously considering issuing this type of combat clothing for the U.S. Army Rangers, which will be renamed the “Rangerettes” in accord with President Biden’s Executive Order.
_______________

UK Military leaders agree we must rid the English language of oppressive gendered language:

“Gendered language permeates the very fabric of the UK’s Armed Forces, from personnel answering the phone with ‘Sir’ to the widespread use of terms such as ‘unmanned’ and ‘airman’. The use of language that is male-centric only serves to create an image that the armed forces are made up only of men, when increasingly they are not.

It’s not about being ‘woke’ — Defense consultant Dr. Alex Walmsley said the debate around the use of gendered language is ‘evolving in a good way’ adding that the push to change the language used in defense was not just about ‘being woke’.

The idea of a woman performing a job whose title implies she is a man, even though women are able to serve in every role in the UK’s Armed Forces, means that change is a ‘no-brainer’. It is not a big deal; we’re not asking for HMS Prince of Wales to be called ‘Princess of Wales’, Walmsley pointed out.”

Gendered language is not only damaging to women, but also non-binary or transgender service members and defense industry professionals. Changing the words you use is such a minor thing[.] Retiring the term ‘manpower’ in favor of ‘personnel’ does not suddenly mean the UK can no longer conduct a freedom of navigation exercise in the South China Sea. — Emma Salisbury Ph.D.

Source: Army-Technology.com, Words Matter — A Case for Gender-Neutral Language in Defense

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March 27th, 2021

Court Gun Rulings and Federal Gun Control on Gun Talk Radio

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You may want to monitor Gun Talk Radio this Sunday, March 28, 2021. This Gun Talk episode will be one of the most important of the year. The broadcast covers efforts in Washington to throttle the Second Amendment along with a shocking decision by the 9th Circuit Court of Appeals denying citizens the right to carry firearms. This broadcast airs Sunday, 3/28/21 from 2:00 PM to 5:00 PM Eastern time. You can interact with the Gun Talk team by calling 866-TALK-GUN with comments and questions.

Multiple Gun Rights Issues Covered on Sunday
Important topics include the 9th Circuit’s recent ruling in Young v. Hawaii that the Second Amendment does not guarantee the right to bear arms outside the home, state preemption laws, a bid to end the FOID card, examining the partnership between the gun industry and the mental health industry. The show also covers the recent Boulder, Colorado shooting and a U.S. Senate hearing on the prevention of gun violence. Top Shot’s Chris Cheng testified in the Senate Judiciary Committee Hearing on Gun Violence Prevention. Chris stops by to talk about the hearing. CLICK HERE for Video of testimony at Senate Hearing.

In this Gun Talk episode journalist Emily Miller examines the Ninth Circuit’s latest decision regarding open carry. CLICK HERE to read Miller’s analysis of that Circuit Court decision issued Friday, 3/24/2021.

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Young v. Hawaii Decision Goes Against Supreme Court Precedents
Speaking about the 9th Circuit’s recent 7-4 ruling in Young v. Hawaii, the NSSF says that upholding Hawaii’s ban on carry ignores the clear language of the Second Amendment and U.S. Supreme Court precedent of the landmark 2008 Heller decision and 2010 McDonald decision, which displayed the exact opposite findings. The Ninth Circuit’s ruling underscores the need for the U.S. Supreme Court to accept firearm-related cases for review to settle the long-standing disputes. Lower courts have failed to apply Supreme Court precedents and are effectively treating the Second Amendment as a second-class right.

“The blatant defiance of the Supreme Court to undermine Heller and hollow out rights afforded to individuals by their Creator and clearly protected by the Constitution is unconscionable,” said Lawrence G. Keane, NSSF Senior VP and General Counsel. “It is with amazing boldness that the Ninth Circuit brazenly sets aside not just the previous findings of the Supreme Court, which legally they are bound to apply, but actively chooses to ignore plain English and refuses to acknowledge the right to bear arms. We look forward to filing an amicus brief when this heads to the Supreme Court.”

On Gun Talk Radio this week, Tom Gresham covers the shooting in Boulder and the calls for new gun control laws that were launched within minutes of the breaking news. With random attacks always comes talk of mental health, and Walk the Talk America’s Michael Sodini will address mental health issues on the Sunday show. In addition, Illinois State Senator Neil Anderson talks about lifting the Illinois requirement to have a Firearm Owners Identification Card (FOID) in order to purchase or own a gun.

Gun Talk Radio Broadcast Times — and Podcast Archive

This broadcast airs Sunday, March 28, 2021 from 2:00 PM to 5:00 PM Eastern time on radio stations nationwide. Past podcasts can be heard online via the GunTalk Podcast Center and Apple iTunes. The Gun Talk podcast archive has many great shows. Click the link below to hear a recent show (1/3/2021) about mainstream media and financial industry bias against firearms and shooting sports enterprises.

Podcast about Boulder Colorado Shooting and Gun Control

Podcast about Impending Gun Control Laws:

Tom Gresham’s Gun Talk Radio show airs live on Sundays from 2PM-5PM Eastern, and runs on more than 270 stations. Listen on a radio station near you or via LIVE Streaming. All Gun Talk shows can also be downloaded as podcasts through the GunTalk Podcast Center or Apple iTunes. Gun Talk is also available on YouTube and GunTalk.com.

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March 13th, 2021

Feinstein Introduces New Ban on Semi-Auto Rifles and Magazines

Senator Dianne Feinstein Assault Weapons Ban 2021 democratic party

It didn’t take long. Democratic Party politicians in Washington are moving to ban semi-auto, modern sporting rifles. During his campaign, Joe Biden promised to ban so-called “assault rifles” and now Democratic U.S. Senator Dianne Feinstein (CA) has introduced legislation to do just that. Feinstein’s New Senate bill, introduced as the Assault Weapons Ban of 2021, is Feinstein’s latest attempt to block gun purchases and scuttle the Second Amendment of the U.S. Constitution. An identical bill has been introduced in the House of Representatives by Congressman David N. Cicilline (D-R.I.).

READ Feinstein Assault Weapons Ban of 2021 FULL TEXT »

God forbid Feinstein should craft legislation to actually deal with the crime, drug abuse, homelessness, and crumbling infrastructure in her home turf of San Francisco, California. No, she doesn’t care about that. That’s because she has no answers, and she knows that Democratic-party policies have fostered ALL those problems. So she wants to target guns once again, though there is zero evidence that past semi-auto gun bans have had a measurable effect on overall, national violent crime rates.

As stated on Feinstein’s official website, here are KEY PROVISIONS* of the 2021 Assault Weapons Bill:

• Bans the sale, manufacture, transfer and importation of 205 military-style assault weapons by name. Owners may keep existing weapons.

• Bans any assault weapon with the capacity to utilize a magazine that is not a fixed ammunition magazine and has one or more military characteristics including a pistol grip, a forward grip, a barrel shroud, a threaded barrel or a folding or telescoping stock. Owners may keep existing weapons.

• Bans magazines and other ammunition feeding devices that hold more than 10 rounds of ammunition, which allow shooters to quickly fire many rounds without needing to reload. Owners may keep existing magazines.

• Requires a background check on any future sale, trade, or gifting of an assault weapon covered by the bill.

• Requires that grandfathered assault weapons are stored using a secure gun storage or safety device like a trigger lock.

• Prohibits the transfer of high-capacity ammunition magazines.

• Bans bump-fire stocks and other devices that allow semi-automatic weapons to fire at fully automatic rates.

Senator Dianne Feinstein Assault Weapons Ban 2021 democratic party

Senator Feinstein declared: “We’re now seeing a rise in domestic terrorism, and military-style assault weapons are increasingly becoming the guns of choice for these dangerous groups. I’m hopeful that with the new administration and Democratic control of the Senate, we can finally … remove these deadly weapons from our communities.” NOTE: This is disingenuous to say the least. If Feinstein was really concerned about “domestic terrorism” she would be doing something about Antifa and BLM rioters.

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In the Senate, the Assault Weapons Ban is cosponsored by Senators Chris Murphy (D-Conn.), Richard Blumenthal (D-Conn.), Charles E. Schumer (D-N.Y.), Dick Durbin (D-Ill.), Edward J. Markey (D-Mass.), Brian Schatz (D-Hawaii), Bob Menendez (D-N.J.), Tom Carper (D-Del.), Sherrod Brown (D-Ohio), Maggie Hassan (D-N.H.), Jeff Merkley (D-Ore.), Sheldon Whitehouse (D-R.I.), Bernie Sanders (I-Vt.), Elizabeth Warren (D-Mass.), Bob Casey (D-Pa.), Tim Kaine (D-Va.), Jack Reed (D-R.I.), Mark R. Warner (D-Va.), Mazie K. Hirono (D-Hawaii), Ron Wyden (D-Ore.), Ben Cardin (D-Md.), Chris Coons (D-Del.), Tina Smith (D-Minn.), Cory Booker (D-N.J.), Chris Van Hollen (D-Md.), Jacky Rosen (D-Nev.), Tammy Duckworth (D-Ill.), Amy Klobuchar (D-Minn.), Ben Ray Luján (D-N.M.), Alex Padilla (D-Calif.), Patty Murray (D-Wash.), Kirsten Gillibrand (D-N.Y.), Jeanne Shaheen (D-N.H.) and Debbie Stabenow (D-Mich.).

Read those names. Notice that there is not ONE Republican on the list. This anti-gun legislation is pure partisan politics folks, pushed by a biased, career politician and supported by a Democratic Party President who is suffering from dementia. While Feinstein and Nancy Pelosi and Chuck Schumer hide behind fences and razor wire, with thousands of armed National Guard troops serving as their “palace guards”, they seek to destroy your right to armed self-defense as guaranteed by the Second Amendment. Without question, after these corrupt politicians ban all mag-fed semi-autos, they will come after other guns, until their mission of disarming America is accomplished.

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* There are certain “carve-outs” in the legislation. The bill exempts by name more than 2,200 guns for hunting, household defense, or recreational purposes. The bill also includes a grandfather clause that exempts all weapons lawfully possessed at the date of enactment.

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March 11th, 2021

House of Reps Passes H.R. 8 for Universal Background Checks

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On Thursday, March 11, 2021 the U.S. House of Representatives passed H.R. 8, a bill that would impose mandatory Federal NICS background checks on ALL firearms transfers, including private sales. Some states, such as California, already have this restriction in effect, but in a few other states intra-family or person-to-person long gun sales are allowed. The House also passed a second gun control measure, H.R. 1446, which would extend the initial background check review period from three to 10 business days. Previously if the NICS check was not completed by the FBI within 3 business days, a sale could (in most circumstances) proceed.

CLICK HERE for H.R. 8 Full Text »

NOTE: H.R. 8 and H.R. 1446 have NOT (yet) been approved by the U.S. Senate, or signed into law. But given Democratic Party control of the Senate and White House, there is a good chance that both these House bills may well become the law of the land.

About H.R. 8 — What It Would Require
This bill would change the law in states where certain types of person-to-person sales do not currently require the purchaser to have a Federal background check. USA Today explained: “The legislation would expand the cases in which a background check is required for the sale or transfer of a firearm, including for private individuals and groups, closing the ‘Gun Show Loophole'[.] The bill would make it illegal for anyone who is not a licensed firearm importer, manufacturer or dealer to trade or sell firearms to another person; current federal law requires background checks only for [sales made by] licensed gun dealers.”

As it stands now, this Universal Background Check bill would not mandate a National Registry of all firearms, but we know that many Democratic Party politicians, including Pres. Biden and V.P. Harris, support a National Registry. This would provide the Federal government with a database of all firearms owned by Americans, along with the location of the guns. Such a Registry would facilitate gun confiscation, as is happening right now in Canada. (READ about Canadian Gun Confiscation.)

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NRA-ILA Finds Flaws with H.R. 8 and H.R. 1446
After the House of Representative passed gun control bills HR 8 and HR 1446, on a nearly party-line vote, NRA-ILA Exec. Dir. Jason Ouimet released the following statement:

“These bills are a transparent attempt by gun control advocates in Congress to restrict the rights of law-abiding Americans under the guise of addressing the violent criminal culture in America. The truth, however, is that neither of these bills will do anything to solve that problem. By giving full power to unelected government bureaucrats to indefinitely delay and prevent lawful firearm transfers, H.R. 1446 could ultimately destroy the Second Amendment rights guaranteed to every law-abiding American by turning it into a privilege enjoyed by a select few. H.R. 8, so called ‘universal’ background checks, cannot be enforced without a federal gun registry, will not prevent crime, and will turn otherwise law-abiding citizens into criminals for simply loaning a firearm to friends or family members.​ If Congress is serious about the safety of law-abiding citizens, it should have passed concealed carry reciprocity so that Americans can safeguard themselves and their families across state lines and throughout our country during these dangerous times.”​​​​

Video Explains Important Provisions of H.R. 8 and H.R. 1446:

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February 19th, 2021

President Biden Demands Congress Pass Anti-Gun Laws

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New American President Joseph Biden, just three weeks after taking office, called for radical, sweeping gun control measures that could dramatically harm the gun industry and strip away citizens’ rights under the Second Amendment of the U.S. Constitution.

On February 14, 2018, Biden said in a statement that his administration will “not wait for the next mass shooting” but will instead “take action” to “end our epidemic of gun violence.”

According to Guns America Digest: “Biden … wants lawmakers to criminalize private transfers, ban many semi-automatic firearms and accessories in common use, and repeal the Protection of Lawful Commerce in Arms Act, which protects the gun industry from being held liable for the criminal misuse of firearms.”

Biden stated: “Today, I am calling on Congress to enact common-sense gun law reforms, including requiring background checks on all gun sales, banning assault weapons and high-capacity magazines, and eliminating immunity for gun manufacturers who knowingly put weapons of war on our streets”.

President Biden is calling for legislation that would ban Modern Sporting Rifles such as the AR-15, shown here as adapted for High Power competition:
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The elimination of the Protection of Lawful Commerce in Arms Act could have disastrous consequences for the general shooting sports industry and firearms makers. This is because it would expose gun-makers to civil lawsuits for injuries caused by criminals using guys. As explained by the NRA-ILA:

About the Protection of Lawful Commerce in Arms Act
By NRA-ILA
Joe Biden has unveiled his agenda for his first 100 days in the White House, and his list includes an initiative aimed at nothing less than the destruction of the U.S. firearms industry. This is what would happen if Biden succeeds in his pledge to repeal the Protection of Lawful Commerce in Arms Act.

Imagine if firearm manufactures and sellers – even those who strictly followed the laws enacted to regulate their industry – faced potential civil liability every time a criminal misused a firearm. The affect would be similar to holding automobile makers and dealers responsible for injuries caused by drunk drivers. No business, no matter how conscientious and law-abiding, could ever survive being liable for the acts of millions of random people over whom it had no control.

And that is exactly why the law generally imposes no duty on a person or entity to control the acts of third persons to prevent them from causing harm (unless the person or entity has certain types of relationships with those causing the harm or being harmed).

Yet gun control activists in and outside of government hoped to rewrite that principle when it came to the makers and sellers of firearms. During the 1980s and ’90s, a coordinated series of lawsuits against the gun industry sought to hold these businesses responsible for the criminal acts third parties committed with firearms.

This egregious abuse of the legal system to destroy an industry providing constitutionally protected goods and services sparked a bipartisan response from coast to coast. Thirty-four states passed laws to block these suits in their own courts. Finally, in 2005, Congress followed these examples by enacting the Protection of Lawful Commerce in Arms Act (PLCAA) to provide a floor of protection nationwide.

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