Texas Challenge to the National Firearms Act might Succeed with HB957

H/T AmmoLand.



U.S.A. –-(AmmoLand.com)- HB 957, the new silencer/gun muffler/suppressor law, will become effective in Texas on 1 September 2021. On that date, the Attorney General,  Ken Paxton, will be able to accept written notification by a United States citizen who intends to make a firearms suppressor as per Section 2.052 of the new law. The Attorney General shall then seek a declaratory judgment from a federal district court.

There is strong Supreme Court precedent the federal government may not command a state to enforce federal law, known as the anti-commandeering doctrine.

 

HB 957 goes far beyond anti-commandeering. It sets up a test case to undermine the pernicious doctrine which has crept into the federal judiciary over the last 80 years. The doctrine is:  all commerce is essentialy interstate commerce, and may be regulated by the federal government.  From HB957 (now law):

Sec. 2.052. NOT SUBJECT TO FEDERAL REGULATION. (a)  A firearm suppressor that is manufactured in this state and remains in this state is not subject to federal law or federal regulation,including registration, under the authority of the United States Congress to regulate interstate commerce. 

(b) A basic material from which a firearm suppressor is manufactured in this state, including unmachined steel, is not a firearm suppressor and is not subject to federal regulation under the authority of the United States Congress to regulate interstate commerce as if it actually were a firearm suppressor. 

Sec. 2.053.  MARKETING OF FIREARM SUPPRESSOR. A firearm suppressor manufactured and sold in this state must have the words “Made in Texas” clearly stamped on it.

Sec. 2.054. ATTORNEY GENERAL. On written notification to the attorney general by a United States citizen who resides in this state of the citizen’s intent to manufacture a firearm suppressor to which Section 2.052 applies, the attorney general shall seek a declaratory judgment from a federal district court in this state that Section 2.052 is consistent with the United States Constitution.

The United States Courts have created the precedent, since 1942 in Wickard v. Filburn, that all commerce may be regulated by the federal government, because all commerce affects interstate commerce. The precedent was established by courts overwhelmed with justices who were ideological Progressives.

Several cases, starting in 1995, with U.S. v. Lopez(1995), then  U.S. v. Morrison(2000), and even “Obamacare” NFIB v. Sebelieus (2012) establish a different precedent, that the power of the United States government to regulate commerce has some limit.

The most problematic of these sorts of cases is Gonzalez v. Raich (2005). In Raich, the Supreme Court held that people growing Marijuana in their own homes for their own use affected interstate commerce and was subject to regulation by the federal government.

Justice Thomas wrote a famous dissent in Raich, which was decided 6-3. Justice Thomas is the only member of the court who created the Raich decision who is still on the court.

The National Firearms Act (NFA), which is the base federal law used to regulate silencers/gun mufflers/suppressors, is a good test case to work to advance the precedent which limits federal power to regulate all commerce.

The historical record is clear. The taxing power was used, in the case of the NFA, to avoid the limitations on the federal government placed by the Second Amendment, the Tenth Amendment, the Fourteenth Amendment, and the commerce clause. The legislative intent is well documented.

There are numerous precedents that using government power to restrict fundamental rights protected by the Constitution, is invalid.  For example, newspapers may not be taxed more than other, similar establishments.

In other cases, the federal courts are reluctant to restrict taxing powers.

The logical problem is, if you allow taxation of the exercise of Constitutional rights, you grant the government the power to violate those rights.

Silencers are the weakest part of the NFA. There was virtually no legislative history to give intent for the extreme tax on silencers. The tax is not popular; it taxes a safety device; there are numerous examples and statistics to show the tax does not reduce crime.

Silencers are increasing in popularity, while their use in crime is negligible.  There are over 400,000 legal silencers in Texas.

Federal courts, and especially the Supreme Court, have been reluctant to restore constitutional checks and balances, and, especially, limits on federal power, after 80 years of Progressive infringements. The best approach is to offer the court small, incremental steps restoring rights, rather than “all or nothing” efforts which require the courts to invalidate vast expanses of law all at once.

This correspondent believes the way to expand the doctrine of limiting federal power over the commerce clause and to invalidate the NFA, is to argue a person making a silencer for their own use, in their own state, is not “commerce” as defined in the commerce clause of the Constitution.

If everything is commerce, the commerce clause allows the federal government to invalidate the concept of federalism, by invalidating state power to regulate its internal affairs; and to invalidate the Second Amendment by allowing the federal government to selectively apply excessive taxation to a disfavored, fundamental right.

Arguing an individual, making a safety device, for their own use, which has virtually no effect on interstate commerce, is beyond a reasonable interpretation of the original meaning of the commerce clause, has a chance of being accepted by the federal courts.

Arguing a business, selling a commercial product inside a state, is beyond federal power, is much harder. It has a much lower chance of succeeding.

Limits on federal power, which have been stripped away by Progressive courts over the last 80 years, are unlikely to be restored all at once. They can be restored,  incrementally, over time.

This correspondent recommends the examples used by AG Paxton be selected with care. Sympathetic examples are best; perhaps poor, minority, single mothers can be found.  Selecting sympathetic clients has become a major part of jurisprudence in the federal courts.

If you believe you could be helpful to AG Paxton, you may want to contact him.

The law is set up so the AG can challenge the federal law before any items are made in Texas, under the new law.

This correspondent suspects such efforts are already underway. It is likely the briefs to be filed in federal court are already sketched out.

Texas Attorney General Ken Paxton is not a fool.

It would be poor judgment to set up a shop and start to manufacture and advertise “MADE IN TEXAS” silencers/gun mufflers/suppressors before the Texas AG legal challenge is completed.

Privately made and discreetly held gun mufflers, on the other hand, will be much harder for federal or local authorities to find and/prosecute under the new law, because state and local authorities will be risking their budget to do so. Federal authorities mostly depend on local authorities to find cases.

Concealed Carrier Shoots Masked Man Outside Her Virginia Home, Ruled Justified

H/T Concealed Nation.

Concealed Carrier-1 Masked Thug-0.

DALE CITY, VIRGINIA – An armed man was fatally shot by a homeowner early Thursday morning. According to police, officers were summoned to the 4100 block of Hoffman Drive at 12:25 a.m. by a woman who reported being approached by an unknown masked man as she was leaving her home, approaching her from the side of the home.

The 44-year-old female was also armed at the time and shot the masked individual as he approached the front door of her home, according to Prince William County Police 1st Sgt. Jonathan Perok. Upon arrival, officers located a man near the front door suffering from gunshot wounds. They also recovered a loaded handgun that the man had in his possession.

Police officers initiated CPR and were relieved by EMS personnel upon their arrival.  The man was transported to a local hospital where he later succumbed to his injuries. He has been identified as 20-year-old Azhar Laurent Smart of Triangle. The victim was not injured.

Investigators consulted with the Prince William County Commonwealth Attorney’s Office, and the shooting was ruled to be justified based on self-defense. As a result, no charges will be lodged against the victim.

Some may find this a bit surprising from a legal standpoint, as Virginia does not have a “Stand Your Ground” law, but does still have a “Duty to Retreat”. This requires persons outside their home to retreat from the perceived threat if possible, to avoid the use of force-on-force. Apparently in this case, the powers-that-be concluded that the intended female victim was unable to do so.

This is the second self-defense shooting in Dale City this month. On July 6, a homeowner on Glendale Road shot and wounded a man attempting to enter his home through a window. The suspect in that case is expected to survive, and no charges were filed against the homeowner

Vista Outdoor To Offer Ammo Subscription

H/T Bearing Arms.

If their prices are not really outrageous this will be a good thing.

Subscription services are an interesting concept. I’m not talking about something like getting a print magazine each month or paying a monthly fee for your Netflix access. No, I’m talking about those subscriptions where you get sent a box full of stuff each month. I’ve never really been into those–I have too much crap as it is–but it looks like an interesting concept. Now, Vista Outdoor is getting into it.

Vista Outdoor owns a number of ammunition brands and with ammo being in short supply, they’re offering people a new way to get the rounds they need for range day.

Vista Outdoor, the leading U.S. manufacturer of ammunition, announced plans to launch ammunition subscriptions in the fall, as Americans continue to stockpile guns and ammo, driving quarterly sales and profit to new heights.

“We’ll be the first to launch the new subscription program,” said Chief Executive Officer Chris Metz in an interview with me, though he wouldn’t detail costs and calibers for the monthly program. He said determining the calibers will be a “game time decision” based on availability, though he intends to include hunting loads and “funky calibers” that can be difficult to find.

The subscription rollout comes amid a multibillion dollar order backlog.

Vista Outdoor reported on Thursday an increase of 38% in sales to $663 million during the quarter ended June 27 compared to the year-ago quarter, while net income more than doubled to $102 million. Inflation played a role, the company said.

Metz said that consumer demand accelerated during the summer. “We cannot meet the current level of consumer demand,” he said in an earnings call with analysts.

Metz also said the company will be launching the ammunition subscriptions as part of a customer loyalty program. This is an unusual strategy for an ammunition maker, especially considering the extreme international demand for copper, a basic ingredient in bullets.

Other ammunition companies have also experienced a surge in demand. Olin Corp. OLN +4%, a maker of industrial epoxies and adhesives that also produces the Winchester ammunition brand, reported on July 27 that Winchester sales more than doubled last quarter, compared to the year-ago quarter.

You know, this is an interesting idea.

With ammunition supplies sketchy at best, wouldn’t you pay just a bit more to know a couple hundred rounds would be coming to your house each and every month? Vista Outdoor can then prioritize sending ammo to subscribers and possibly build up enough money to expand production without taking out loans.

OK, maybe not, but it’s still an interesting idea.

It wouldn’t mean Vista Outdoor brands wouldn’t be putting ammo on the shelf of your local gun store necessarily, only that they would prioritize subscription customers. That’s especially useful if you have some odd caliber firearms that are hard to feed at the best of times. Since this ain’t the best of times, this could be a great way to get your grubby little paws on those strange ammo types.

Of course, since this is just an announcement, it’s really hard to do more than comment on the concept, but I’m intrigued.

After all, even if everything settles out with the copper supply, such a subscription might still be of significant benefit. Assuming, of course, the prices are reasonable and you have some options as to what you get.

I can’t wait to see what we’re looking at when the time comes.

Remington Offers $33 Million Settlement to Families of Sandy Hook Shooting Victims

H/T The Truth About Guns.

I think Remington is really screwing the pooch with this offer to settle.

After a deranged 20-y/o murdered his own mother and stole her Bushmaster (a brand owned by Remington) rifle, he used it to attack Sandy Hook Elementary School in Newtown, Connecticut in December, 2012, tragically killing 20 students and six adults. About 18 months later, a lawsuit was filed against Remington seeking damages for the victims’ families. Now, two bankruptcy filings later, the new Remington has offered nearly $33 million in an attempt to settle.

The legal claim against Remington is that Bushmaster’s advertising and marketing contributed to the shooting by “courting [Lanza] for years.” Claims such as:

It wasn’t just that they marketed the weapon looking for people with the characteristics of Adam Lanza. It’s that Adam Lanza heard the message, and was driven specifically to the Bushmaster for his weapon for this combat mission.

This NY Daily News article details the layers’ case for these claims, including the quote above from attorney Josh Koskoff and referencing advertisements like the one pictured above.

Marketing feel and style entirely aside, I’m surprised — mind you, I’m no lawyer — that these claims withstood the sniff test at all considering the shooter didn’t actually purchase or choose the specific firearm as far as I’m aware.

From all accounts I’ve seen, it was his mother’s rifle and may have been the only semi-automatic rifle in the home. If this is accurate, the assertion that the shooter chose this specific gun due in whole or in part to Bushmaster’s marketing — is there even proof that he ever saw or was aware of the marketing or the brand? — seems tenuous at best. Additionally, it was one of four firearms, all of different brands, that the shooter took with him to the school and also wasn’t the gun he used to kill his own mom (that was a bolt action .22 LR).

At any rate, perhaps new Remington’s acquiescence is even more bothersome? We received this email from a reader:

If Remington settles this lawsuit, I don’t GAF how many green boxes show up on the shelves, even if they are dirt cheap. They can go into bankruptcy a third time for all I care.

I appreciate that they got a bad deal from the CT Supreme Court, but… if they want to be in the game they need to fight and not be a Dick’s.

To be fair, the “green boxes” of ammo are now owned by a completely different company from the Remington that makes firearms. In the most recent bankruptcy, “Big Green’s” assets and business units were liquidated and different groups purchased different segments. Remington Ammunition is now a completely separate company from the company offering this settlement. Just FYI, dear reader, although I agree with your sentiment.

We do need to fight.

 

5 Steps to Make an Old Rifle Shoot Like New

H/T American Hunter.

Five very useful tips to make your old gun like new.

Regardless if you procured an outdated rifle from an older family member, via a gun-show purchase or through some other method, you hope the vintage shooting iron still hurtles projectiles downrange accurately. You may get lucky with that classic gun, but you also may struggle with it spitting bullets irregularly like a malfunctioning baseball pitching machine. You might address the issue via a gun shop visit or DIY gunsmithing. Additionally, consider these five upgrades as possible remedies for errant rounds.     

Before you give your old friend a major makeover, do some research. Use the serial number, model number and other details of the rifle to determine its age. First, the firearm may be an actual antique, and if you have ever watched the PBS program “Antiques Roadshow,” you understand that modifying the character of an item typically decreases its value.

Second, older firearms were not manufactured with the same specifications as their counterparts today. Those older designs may not be up to the task when launching the higher pressures of modern ammunition. Risk of injury or even death could result in a mismatch. Seek out advice from the manufacturer and trusted firearm experts to determine whether your old rifle should return to the field or rest comfortably above the fireplace mantle. 

Cleaning rifle bore


Spring Cleaning
If given the green light to transform an elderly rifle, you can start easily with spring cleaning. Give that old firearm a good scrubdown from end to end. Whether the past owner neglected regular cleanings or simply put the rifle away after the last deer season without cleaning it, a good cleaning could remove performance-affecting gunk throughout.

Make sure the firearm is unloaded and then disassemble, with the help of manufacturer guidelines. This gives you access to all nooks and crannies containing crud. Clean from the breech end with the help of a bore guide as you push your cleaning rod toward the bore. Your goal is to remove all deep-seated copper fouling in the barrel. Repeat until your patches come out clean.

Using gunsmithing tools and solvents, clean the bolt, action, trigger assembly and any mechanisms that hold cartridges, including springs. Afterwards, lubricate lightly with rust prevention products and foul the barrel with one or two shots before assessing accuracy. Fouling removes traces of oil and cleaning solvents, plus it pads the rifling with copper and powder residue. If your rifle shoots accurately and you are happy, your improvements may be complete.

Hornady .308 Winchester Ammunition


New Fuel
After your lawn mower sits all winter, a dose of new fuel helps spark it back to life. New ammunition could do the same for that older rifle, especially after a deep cleaning. Set aside any stockpiles of nostalgic ammunition that may have come with the rifle and explore the latest options. After establishing that your rifle can handle newer advancements in ammunition, research selections that are receiving kudos in articles, forums and blogs. A lot has changed since the original Peters deer hunting cartridges were last available. Technological boosts, such as Hornady’s revolutionary use of Doppler radar to aid bullet design, have led to projectiles that fly more accurately and expand with consistent results.

Handloading may be your thing, and it provides an environment where you can safely create your own recipe for accuracy success. Not only can you tailor loads to match the era of your rifle’s specifications, but you can also tweak them until a bullet flies to your objective.

Whether you test with factory updates or handloaded perfection, new ammunition can make an older rifle shine in performance.

Replacing Rifle Stock


Stock It
Rifles of yesteryear traditionally featured stocks crafted from wood. Some of these were elegant examples of artistic craftsmanship. Others might be held together with a firm wrapping of electrical tape. Unfortunately, the wood stock could be a major culprit in marginalizing your rifle’s precision usefulness.

With weather variables (humidity being the worst), wood could swell and apply pressure to the barrel or receiver, affecting accuracy. Fortunately, you have several easy fixes to the issue. The first fix is to glass- or pillar-bed the action along with free-floating the barrel. Order either kit from Brownells and do it yourself or find a gunsmith for the job. Before you chart this course, consider again the antiquity value of the rifle. This alteration could reduce its value with the “Pawn Stars” employees.

To protect vintage value, ditch this option and shop for a replacement stock. Technically advanced stock systems, crafted of a single component or layers of polymer, graphite and even Kevlar, provide a quality replacement for pressure issues. You can even peruse laminated wood options if you favor that feel. Plus, if you ever wish to sell your heirloom, simply swap back the stock and advertise it as original. MagpulHogueBoyds and others manufacture stocks that are bedded and easy to install.

Installing Riflescope on Rifle


I See Clearly Now
Despite a reemerging spotlight on open-sight rifles, most of us rely on a riflescope to perfect our aim. Your rifle may have arrived with a scope on it, but evaluate the optic to see if it is better gifted or tossed. Improved glass and multilayer coatings, trajectory reticles, focusing abilities and first- and second-focal plane reticle choices can improve your aim.

Technologically advanced optics systems, like SIG Sauer’s Sierra3BDX system, Bluetooth communicate between the riflescope and the rangefinder to automatically adjust the reticle. The 1970s Weaver riflescope that tops your grandfather’s rifle cannot do that trick. While swapping scopes, consider upgrading hardware, including new rings and bases. If yesteryear tugs at your heart, save the old hardware and scope to restore that rifle to a past era when it completes your tour of duty.

Timney Replacement Trigger


Crisp and Clean
Lastly, like NASA, a clean launch ensures a good start to your mission. A new trigger can guarantee a good bullet launch. It is possible your earlier cleaning returned the trigger to a quality state or a gunsmith could tune the old trigger into a functioning mechanism with a sweet spot. Companies such as Timney and Geissele manufacture replacement trigger systems for a variety of firearms. Study up on an upgrade for your project rifle and consider having work completed by a competent gunsmith. A trigger needs to be adjusted according to manufacturer recommendations or you need to be responsible if you decide to set your trigger for a more sensitive release.

Installing New Rifle Trigger

Many precision rifles have adjustable triggers from 1.5 to 4.5 pounds. A setting between 2.5 and 3.5 allows you to depress without jerking and keeps your rifle safe. This is critical, as a trigger adjusted too light could accidentally go off simply by slamming the bolt closed.

A rifle with senior-citizen status does not have to be sent to the display case. With some creative ingenuity, it can still play a major part in your future hunts.

Chipman Owes Answers To African-American Gun Owners

H/T Bearing Arms.

Comrade Chipman does not need to become the leader of the ATFE.

One of the fastest-growing demographics in the gun world is African-American gun owners. This is a great thing because gun control’s history is rooted in keeping these very people disarmed. Seeing them pick up firearms is a reminder of just how far we’ve come as a nation.

However, many of those same gun owners are concerned about David Chipman.

Granted, we’re all concerned about Chipman. The man is a disaster as a nominee to head the ATF and would be even worse in the office. However, as National African American Gun Association founder and president Philip Smith writes over at our sister site Townhall, he owes some special answers to African-American gun owners.

President Joe Biden’s nominee to run the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) owes Americans – particularly African-American gun owners – straight answers over serious and unaddressed allegations.

Senators weighing David Chipman’s confirmation for ATF director must not vote on this nominee until he releases his personnel records and answers questions concerning allegations in Equal Opportunity Commission (EEOC) complaints. These complaints, filed by ATF agents in 2007, assert that he made racist remarks about co-workers he now wants to lead.

Specifically, Tom Jones, president of the American Accountability Foundation, says he personally spoke with one agent who claimed Chipman said, “Wow, there were an unusually large number of African-American agents that passed the exam this time. They must have been cheating.”

At that time, Chipman was the assistant special agent-in-charge of the ATF Detroit Field Division. Since no one has produced his personnel files, Jones sued the ATF with two Freedom of Information Act (FOIA) requests in May for records of any complaints and disciplinary actions taken against Chipman. So far, there’s been no response.

Chipman glossed over questions posed by Sen. Ted Cruz (R-Texas) regarding the two EEOC complaints against him as an ATF agent, stating the complaints were “resolved without any finding of discrimination and no disciplinary action was taken against me.” The White House that nominated him for this position of special trust and confidence has not commented on these serious allegations.

These allegations, along with his unwillingness to make public his personnel records, his evasive answers during his confirmation hearing, and his remarks denigrating first-time gun buyers in 2020, disqualify him from public service. Without answers, he’s untrustworthy to lead the ATF, or any other law enforcement agency.

He’s right. Chipman’s answer to the question by Sen. Cruz is completely unsatisfactory since we don’t really know why the complaints were resolved. Was there a deal where he’d attend some special training in exchange for there being no official blemish on his service record? Or, was it found that the people making the accusation were lying.

There’s a vast difference between those two, and that gulf matters when you’re talking about the head of a federal law enforcement agency.

However, Smith doesn’t just keep his criticism to Chipman. He points out that there was another option to helm the ATF who didn’t have some of Chipman’s baggage. Marvin Richardson, who spent 32 years with the ATF including working as deputy director and even as acting director. Richardson, who is black, was ignored in favor of Chipman.

So it appears that President Joe Biden overlooked an African-American who is already doing the job right now in favor of Chipman. Smith doesn’t scream racism, though. Instead, he points out how this must have been because Chipman was a professional gun control activist, which is exactly why he was nominated.

Does Chipman owe African-American gun owners answers? Absolutely. There are questions they have more of a stake in than anyone and he hasn’t answered them.

He owes the rest of us answers too, though, because I sure as hell don’t want someone like that running an agency that will decide gun policy.

THE GUN PROBLEM” IS A SOCIAL ISSUE

H/T JPFO.

Left and Right Don’t or Won’t See It—

It’s not about the guns—it’s about the people involved

Mass media won’t say, but it’s not suburbanites, right?

It has become totally obvious to everyone except the people nominally in control. The media is carefully obscuring the truth. So-called “gun control” is totally out of control, a product of ceaseless rhetoric, subversion and failed policy, with daylight murders on city streets a common occurrence. It is not widespread, and not everyone is doing it.

• Inner-city ghetto dwellers have lost all respect for the sanctity of life and no longer have any compunction about unleashing deadly force in the middle of town, on foot and from vehicles.

• Guns have become playthings for them, with no training, no background checks, and no authority figure providing any semblance of order. That includes family members, peers, police and educators.

• “Defund the police” movements, a Democrat-led concoction, basically detested by Republicans, is propelling and encouraging the violence and promoting lawless behavior. Deny it at your peril.

• Refusal by Democrat-appointed prosecutors and their go-soft policies to do anything about hundreds of felony perpetrators roaming free with mile-long rap sheets exacerbates the problem. So-called “news” media play along—as if they can’t figure out what’s happening. For shame.

• Nominating a head of the BATFE whose historically well-known attitude is vehemently against an armed public, at a time when people need to be armed more than ever, is a slap at our Constitution, the right to arms, and the rule of law, but Democrats act as if they’re not aware of these facts.

“If violent crime is to be curbed, it is only the intended victim who can do it.
The felon does not fear the police, and he fears neither judge nor jury.
Therefore, what he must be taught is to fear his victim.”
–Lt. Col. Jeff Cooper, USMC

• Refusal by Democrat leaders to support use of force by sworn officers and backing them up by tough prosecutorial action will of necessity lead to the use of force by the citizenry to protect itself. It is—a situation you should not want to encourage or find yourself boxed into, but understand it is one properly protected by law.

• If the school system continues to ignore firearms and their quintessential role in history, or worse, portray firearms as evil, instead of righteous tools of justice, honor, self-defense and liberty, the situation will deteriorate further, and rapidly.

• Social programs implemented by Democrats but with Republican acquiescence or cooperation, which have led to fatherless one-parent homes, welfare dependency, uneducated youth, poverty, masses of people incapable of obtaining meaningful employment, and a disrespect for morals and human values, the current murderous civil structure will deepen and become more intractable.

• The willingness of teachers’ unions to adopt flat-out Marxism and propagate it thorough the populace and culture will continue to tear at the fabric of the nation, and work to deteriorate the growing problem often mischaracterized as crime, but a far great difficulty.

• Using all this to build up a groundswell of public support for disarming gun owners who did none of this will drive gun owners and decent people underground, further bifurcate the population, and lead to the demise of what was and still can be the greatest civilization this planet has ever known, creating more wealth, abundance and prosperity for more people than all other systems combined.

• Join Jews for the Preservation of Firearms Ownership, http://www.jpfo.org to help continue shedding light and rational on the landscape, and preserving the fundamental human rights we get from a source greater than ourselves. You don’t have to be Jewish to join JPFO, you just have to love liberty. Founded by the son of a survivor of the Holocaust, Aaron Zelman, 1946-2020.

“Gun control is not crime control.”
“Disarming innocent people is an act of violence.”

Before Booting Biden, Look Over Horizon at Harris

H/T AmmoLand.

As bad as Joe Pee Pads Biden is for gun owners Kalama Knee Pads Harris would be worse.

Fox News is reporting that Congressman Ronny Jackson (R-TX), the former White House physician, has doubts Joe Biden will finish his term as president, and he is calling on Biden to undergo an exam and disclose the results publicly.

“Our cities are EXPLODING with drugs & violence,” Jackson tweeted, “because of Democrat ‘defund the police’ policies and the GREAT UNITER Joe Biden deflects to talk about ‘sucking blood out of kids.’ He’s completely LOST it! Needs a cognitive exam NOW!”

But before anyone gets too excited about getting Biden out of office, whether it be voluntary or by invoking the 25th Amendment, better think ahead about his replacement. As vice president, Kamala Harris would immediately be sworn into office, and many believe she would be a disaster. After all, she dropped out of the Democratic primary race early, not because of Republican opposition but because she did not resonate with voters in her own party.

 

Her message on guns has been crystal clear since she started running for the presidency almost three years ago. She would go after gun owners, give Congress 100 days to pass the kinds of actions she supports, including a ban on so-called “assault weapons,” and if nothing happened, she would take executive action.

As reported at the time by Harper’s Bazaar, “Harris publicly committed to a host of executive actions that she would have undertaken if elected to the Oval Office, including mandating universal background checks, revoking the licenses of (and possibly prosecuting) gun manufacturers who break the law, closing a legal loophole in order to prevent those convicted of domestic violence from purchasing a firearm, and banning AR-15-style assault weapons from being imported into the country.”

When she was California attorney general, Harris was sued by gun rights and retail firearms organizations including the Second Amendment Foundation, Calguns Foundation and California Association of Federal Firearms Licensees.

Harris wants to hold gun manufacturers for crimes committed with firearms. In all, Biden may be bad but Harris has the potential to be a lot worse, and if she were to assume office 25 months into Biden’s term, she would be legally eligible to run for her own two full terms.

Bottom line is Harris would be bad news, and not just for gun owners and the Second Amendment.

Her tactic of answering questions she doesn’t want to answer by first being sarcastic and then breaking out into cackling laughter is wearing thin. That doesn’t mean she won’t continue doing it.

Democrats have wanted to be the first party to put a woman in the White House. They missed the mark with Hillary Rodham Clinton, but they might score with Harris.

Biden’s recent debacle during the CNN Townhall when his slip-of-tongue revealed he does want to ban 9mm pistols, and his other gaffes since taking office, and his shifting of gears midstream in a sentence suggest to many, including rep. Jackson, that he is not in full control of his faculties.

In a revealing piece aired by the KFMB in September 2020, the report acknowledged that what the Biden-Harris team wanted to do then was to “make the U.S. like California.” To gun owners in Idaho, Montana, Colorado, Oregon, Washington, the Dakotas, Utah, Arizona, Texas and elsewhere west of the Mississippi River, that’s the kind of discussion that starts brawls.

The only thing that could change what may be on the horizon is a Republican capture of Capitol Hill—both the Senate and the House of Representatives—in November 2022. With the GOP in control, neither Biden or Harris would accomplish anything. Should Republicans win back the House, it is not inconceivable Nancy Pelosi and other older Democrats would decide to retire.

But it would have to be a decisive GOP victory in November 2022, meaning that every gun owner would have to vote, instead of sitting the election out.

In the meantime, if Harris does somehow take the reins with a Biden departure—he will have, after all, achieved his 47-year quest to win the presidency that began when he first set foot in Washington, D.C.—there could be far more trouble than gun owners care to imagine.

That’s why talk of sending Biden home to write his memoirs should be alarming to gun owners, because while he may be losing momentum, Harris is just warming up.

N.C. Trooper Facing 10 Years For Knowingly Selling Firearms to a Felon

H/T The Truth About Guns.

Ten years behind bars is a good start but he should get twenty years.

Highway Patrol Trooper Timothy Norman, 47, of Browns Summit, NC, allegedly made a practice of selling ex-police firearms, sometimes directly from the trunk of his patrol car while on duty. While this is perfectly legal in most states — though I’m sure against department policy (at least the “while on duty” part) — selling firearms to a known felon is most assuredly not legal.

Trooper Timothy Jay Norman, 47, allegedly sold some of those firearms to 33-year-old felon Tommy Lee Hudson of Reidsville, someone Norman had known since they both graduated from basic law enforcement training in 2010, the DOJ said in court documents.

Greensboro.com has the story, detailing how Norman sold “many firearms” to his friend, Tommy Hudson, even after Hudson was convicted of felony assault back in 2016. Norman also sold pistols, while in uniform and on-duty, to an FBI informant including $3,200 worth of firearms and ammunition sold to both Hudson and the informant in a single meeting just six weeks ago on June 8th.

Norman is now being charged by the US DOJ in federal court and is facing 10 years in prison.

“V” Is For Victory: The Smith & Wesson Victory Model Revolver

H/T American Rifleman.

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The Smith & Wesson “Victory Model“ was chambered in .38 Spl. and had a 4″ barrel as made under a World War II U.S. Navy contract. It is seen here being fired by Navy cadets. 

In mid-1940, when it was becoming increasingly likely that the United States would be drawn into the war raging in Europe, the U.S. Navy, along with all branches of our armed forces, was evaluating the projected demand for arms. The standard handgun for the Navy at the time was the M1911A1 .45 ACP pistol. It became pretty obvious that the demand for these pistols would soon overwhelm the available supply, particularly since the Army and Marines would also be clamoring for handguns when war began.

The Navy adopted a policy of equipping its personnel with as many M1911A1 pistols as possible and obtaining a secondary source of handguns for “less critical requirements.” It was determined that the most suitable gun for this purpose was the Smith & Wesson Military & Police .38 Spl. revolver with a 4″ barrel. The M&P was Smith & Wesson’s “K-frame Military & Police” revolver which had proven to be popular in the civilian marketplace prior to the war.

This course of action was related in the Ordnance Dept. document “Project Supporting Paper; Miscellaneous Pistols and Revolvers”: “In addition to the M1917 revolvers … sizeable numbers of various other revolvers and pistols were procured by Ordnance. The United States Navy, unable to obtain the standardized M1911A1 Pistol, placed contracts directly with Smith & Wesson for the Caliber .38 Special, Military and Police Model Revolver.“

lanyard ring, “V”-prefix, 158-gr. jacketed bullets(l.) Victory Model revolvers are distinguished by a lanyard ring and their “V”-prefix serial numbers stamped into the butt’s bottom. (r.) This original 50-count box of .38 Spl. ammunition, featuring 158-gr. jacketed bullets, was made by Remington for issue with Victory Model revolvers.


Although the U.S. Navy specified that the revolvers made under its contract be chambered for the .38 Spl. cartridge (technically, the .38 S&W Spl.), the British government also ordered large numbers of similar sixguns from Smith & Wesson chambered for another cartridge, the “.38-200”—which was essentially the .38 S&W cartridge with a 200-gr. lead bullet. This was later changed to a 175-gr. jacketed bullet.

The .38 S&W and .38 Spl. cartridges are sometimes confused, but they are two different chamberings and are not interchangeable; the .38 S&W is shorter and has a slightly larger diameter than the .38 Spl. As related in an Ordnance Dept. document: “From October 1941 to March 1945, Smith & Wesson produced the Caliber .38-200 Revolver for the British Army. This weapon was almost identical to the U.S. Navy’s Caliber .38 Special Revolver except for caliber and barrel length. The British revolver has a 5″ barrel, while the U.S. Navy used the 4-inch.”

While most of the S&W .38-200 revolvers did have 5″ barrels, some were made in 4″ and 6″ lengths as well. The 5″ barrel was made standard after April 10, 1942. Ordnance records indicate that a total of 590,305 of the .38-200 revolvers were manufactured by Smith & Wesson between October 1941 and March 1945, which was significantly more than the number of S&W .38 Spl. revolvers produced during the war. 

Although the majority of S&W .38-200 revolvers were made under British contract and sent to Great Britain, some were also used by the U.S. military, chiefly for security purposes and for arming allies, such as resistance fighters. As discussed in Charles W. Pate’s excellent book, U.S. Handguns of World War II—The Secondary Pistols And Revolvers: “It is not a generally known fact, but the U.S. Army also used these arms (S&W .38-200 revolvers), though on a very limited basis.

There are a few documented cases of U.S. Army issue in the continental United States, primarily for guard purposes, and more substantial numbers were used in combat theaters. Several .38-200 serial numbers were found in OSS [Office of Strategic Services] hand receipt records of overseas units. But the revolver’s association with the OSS was primarily in that organization’s role in supplying resistance forces. Many thousands of .38-200 S&Ws were channeled through the OSS. In addition, it was the OSS that requested development of U.S. jacketed ammunition for the revolver.

“Clearly, the .38-200 S&W made a significant contribution to the war effort, especially with our allies. But with the end of the war drawing near and with the need for additional handguns lessening, the remaining .38-200 contracts were cancelled during the first quarter of 1945. Most components still in production were diverted to use in the .38 Special Victory Model, and surplus components in a finished state that were not interchangeable with the .38 Special, such as cylinders and barrels, were shipped to field service depots.

“After the war, thousands of the revolvers remained in the U.S. Army inventory as a regularly stocked item, but again, not for general U.S. issue. The primary use of these revolvers continued to be for arming foreign military and security personnel.”U.S. Navy pilot Lt. James Pope, shown here aboard the U.S.S. Yorktown in October 1943 (l.), had a Victory Model revolver in the shoulder holster on his left side. This “Property of U.S. Navy” marking on the side of a Victory Model revolver (above) has been enhanced with red ink, which was often the case.


Smith & Wesson U.S. Navy .38 Spl. Victory Model Revolver

While all of the .38 revolvers made by Smith & Wesson during World War II were dubbed “Victory Model,” the term as generally used today refers to the .38 Spl. 4″-barreled revolvers as made under U.S. Navy and U.S. Ordnance Dept. contracts. The Navy initially bypassed the standard procurement procedure of ordering its small arms under the auspices of the U.S. Army Ordnance Dept. and issued production contracts directly to Smith & Wesson. This course of action, however, soon resulted in problems, and Ordnance eventually got involved. As reported in the above-referenced “Project Supporting Paper; Miscellaneous Pistols and Revolvers”:

“The contracts at Smith & Wesson for Caliber .38 Special Revolvers were taken over by Ordnance, ASF (Army Service Force) in early 1942. Under Navy contracts, no inspector was stationed at the plant, and quality of revolvers suffered as a result. The Resident Inspector of Ordnance at Smith & Wesson worked under the handicap of having no drawings or gages with which to conduct a thorough inspection. The manufacturer had no complete set of drawings for the revolver so Ordnance inspection consisted of a visual and manual examination, function, proof and target firing. During the early production, as much as 30% of a day’s production was rejected for various defects.”

With the increased oversight by Ordnance, including more stringent inspection standards, the quality of the Smith & Wesson .38 revolvers continued to improve. The .38 Spl. revolvers built under Navy contract had 4″ barrels and the standard finish was Parkerizing. The serial number, having a “V” (Victory) prefix, was stamped on the butt. A lanyard ring was also attached to the butt. Some early production .38 Spl. Victory Model revolvers were not stamped with Navy markings at the factory.

In most cases, these guns were subsequently stamped “Property of U.S. Navy” on the left side of the frame. As production continued, the Navy markings were factory-applied to the topstrap above the cylinder. Approximately 65,000 Victory Model revolvers were purchased by the Navy directly from Smith & Wesson. After Army Ordnance took over procurement, the marking was changed to “U.S. Property G.H.D.” The “G.H.D.” marking signified U.S. Army Col. (later Brig. Gen.) Guy H. Drewry, head of the Springfield Ordnance District (SOD) in which Smith & Wesson was located.

Drewry’s initials will be found on other types of arms made in the SOD, including Winchester M1 Garand rifles, M1 carbines and military shotguns. It is sometimes believed that such initials represent the person who actually inspected the guns, but that was not the case. Rather, it indicates that the arms were inspected by Ordnance personnel operating under Col. Drewry’s authority. 

S&W Victory Model revolverA S&W Victory Model revolver is shown next to a World War II U.S. Navy shoulder holster (above) with cartridge loops on the strap. Note the markings applied to the topstrap of a Victory Model revolver manufactured under U.S. Navy contract (right).


The standard ammunition procured for issue with the .38 Spl. Victory Model revolvers was manufactured by the Remington Arms Co. The cartridges had 158-gr. steel-jacketed bullets, and the cases were head-stamped “REM UMC 38 SPL.” Standard commercial .38 Spl. ammunition with lead bullets could not be utilized in overseas combat zones due to provisions of the Hague Convention, thus the necessity for the steel-jacketed bullets. The cartridges were packed in green, commercial-style, 50-round cardboard cartons with lot numbers in the 5,000 range. There was also a limited quantity of .38 Spl. tracer cartridges produced during the war intended for signaling purposes.

Initially, the Navy restricted issuance of the M1911A1 .45 ACP pistols to overseas combat zones and used the .38-cal. revolvers for stateside Navy and Coast Guard personnel. Part of the reason for this policy was to mitigate the logistical problems inherent to having handguns chambered for two different cartridges in oversea theaters. Nonetheless, it didn’t take long for the impracticality of this policy to become apparent.

The lighter .38 revolver was actually preferred over the heavier .45 pistol by many Navy and Marine Corps aviators. By mid-1944, the Navy reversed its original policy and began to issue M1911A1 .45 pistols to some non-combatant personnel, such as guards aboard merchant vessels so that the .38 revolvers they would ordinarily be armed with could be available to flight crews.

The U.S. Navy and Marine Corps aviators generally carried their Victory Model .38 revolvers in a leather shoulder holster, often with web loops sewn onto the strap to hold extra cartridges. A leather hip holster was also made for these revolvers, but the shoulder holster was generally preferred by pilots due to space constraints in the cramped cockpits. The hip holsters were used more often by security personnel, but period photos show some flyers with their Victory Model revolvers in hip holsters.

While the U.S. Navy was the primary user of the S&W .38 Spl. Victory Model revolvers, Ordnance records indicate that some of the guns were also purchased by the U.S. Army and the Office of Strategic Services (OSS). As was the case with the S&W .38-200 revolvers previously discussed, the majority of these .38 Spl. revolvers were undoubtedly used for arming foreign security personnel and, in the case of the OSS, irregular military units.

However, some of the revolvers were utilized overseas by American combat troops, including U.S. Marines. As stated in R.G. Rosenquist’s Our Kind Of War, Illustrated Saga Of The U.S. Marine Raiders: “The M1911A1 .45 automatic pistol was the standard issue sidearm, but also plenty of .38 caliber Smith & Wesson ‘Victory Model’ revolvers saw action.” There are a number of contemporary accounts of .38-cal. revolvers being used in combat during World War II by American troops. Often the exact model is not mentioned, but, based on the numbers made and wide issuance, the odds are that most were the S&W .38 Spl. Victory Model.

For example, Marine Raider R.G. “Rudy” Rosenquist carried a .38 revolver, quite likely a S&W Victory model, and found it to be a literal life-saver during fierce fighting on Guam when he was bayoneted by a Japanese soldier: “[A]s the enemy soldier … stepped over him, Rudy reached up and grasped the man’s canteen strap and was yanked to his feet. The Japanese tore loose and rushed on. Now a second enemy soldier came running, and Rudy took a bayonet wound in the stomach. By this time, he had got out a .38 pistol, which he emptied into the man, who fell back upon the Marine at the machine gun … .”

As the S&W Victory Model .38 revolver was becoming a commonly issued sidearm, a problem arose that caused a temporary halt in the procurement of the guns. As discussed in an Ordnance Dept. document: “The death of a sailor, resulting from dropping a loaded Smith & Wesson, Caliber .38 Special Revolver prompted a test by the Navy Department to determine (the) effectiveness of the Smith & Wesson Hammer Block. Results of the test showed the Hammer Block to be unsatisfactory. This test was confirmed by a more carefully conducted test at Springfield Armory, authorized by Office, Chief of Ordnance.

Work was commenced immediately by Ordnance and Smith & Wesson to develop an improved Hammer Block capable of preventing discharge even if the revolver fell several feet, striking on the Hammer. This was desired because of the possibility of a seaman dropping a revolver from one deck of a ship to a lower deck. Deliveries of revolvers equipped with the present improved Hammer Block commenced in early 1945. The improved Hammer Blocks are vastly superior to the old type, samples tested having withstood 90-foot lbs. impact without firing.”

The death of the sailor due the S&W Victory Model’s flawed hammer block design resulted in the U.S. Navy requesting that Colt .38 revolvers be supplied for future requirements instead of the Smith & Wesson revolvers. However, it was reported that “ … improved quality and the quick development of a new hammer block convinced the Navy to stay with the S&W revolvers.”Smith & Wesson advertisementThis Smith & Wesson advertisement touts its Victory models and promotes the guns for plant defense by guards. It states that the revolver was adopted in 1942 as “ … the official sidearm for all U.S. Navy Flying Personnel, and is widely used by U.S. Marine Corps Flyers, the U.S. Coast Guard and in the Merchant Marine.” The gun was marketed for S&W via the Defense Supplies Corp.


Victory Model Revolvers With 2″ Barrels

While the vast majority of the S&W .38 Spl. Victory Model revolvers had 4″ barrels, there was also a little-known variant that was otherwise identical except for having a 2″ barrel. The revolvers were the subject of a May 10, 1944, letter from Stuart K. Barnes, vice president of Defense Supplies Corp., to Capt. F.M. Volberg, Small Arms Branch, Chief of Ordnance:

“[W]e have received advice from Smith & Wesson, Incorporated that they are prepared to produce a limited number of 2″ barrel .38 caliber Special revolvers without impairing their production schedule.

“The War Production Board, under the date May 8, 1944, has given approval for the production by Smith & Wesson of 500 .38 caliber Special 2″ barrel revolvers in order to supply essential non-military users. Therefore, it would be appreciated if permission would be granted for the production of 500 2″ barrel revolvers in lieu of 500 4″ barrel revolvers on subject contract at the earliest convenience and placed in the stock of Defense Supplies Corporation at Smith & Wesson Incorporated.

“These 500 revolvers would not be additional to the contract of the 35,000 4″ barrel .38 caliber revolvers, and would not constitute an increase in cost to Ordnance and this Corporation.”

According to factory records, the 500 Victory Model 2″-barrel revolvers were shipped to the Office of Strategic Services on Aug. 22, 1944. It has been reported that some were utilized by couriers, intelligence personnel and other individuals needing a handgun that was a bit more concealable than the standard 4″-barrel revolver. The only martial marking typically applied was a small “flaming bomb” insignia on the top of the frame.

S&W Victory Model with 2" barrelThe U.S. military “flaming bomb” insignia was applied to this S&W Victory Model with 2″ barrel.


It is easy to identify a genuine 2″-barrel Victory Model revolver from a 4″ revolver that subsequently had the barrel shortened. If a barrel was cut down from 4″ to 2″, a portion of the lettering on the barrel would be missing and a replacement front sight would be required, sure indication the gun had been modified. There was a well-made leather shoulder holster fabricated specifically for these 2″ Victory Model revolvers that had “US” embossed on the front. This would be suggestive that some were indeed used by U.S. military personnel. Original examples of these revolvers are quite uncommon today.

The S&W Victory Model revolver’s role in World War II is sometimes minimized or given little more than a cursory mention. Production of the Smith & Wesson .38 Spl. Victory Model revolver under U.S. government contracts (DSC, Navy and Ordnance) between 1941 and 1945 totalled the not-insignificant sum of 352,315 guns. While it wasn’t employed as extensively as was the M1911A1 pistol, it accompanied many U.S. Navy and Marine Corps aviators during the pivotal battles of the Pacific Theater. Its contributions to the war effort should not be overlooked.

Even though none were manufactured under government contract after 1945, the Victory Model revolver’s legacy extended well beyond World War II. It continued to be issued to some Navy and Marine Corps aircrews during the Korean and Vietnam wars and beyond. Uncle Sam certainly got his money’s worth from the Victory Model!