2A Newsletter: Week of February 10th
FTC Being Weaponized Against Guns
Photo Source: Ian Hutchinson via Unsplash
Three letter organizations… Everyone's favorite thing to read about and how they are impacting the firearms industry and attempting to limit the 2nd Amendment right? No.
It looks like we can welcome a new one to the usual lineup of suspects and that would be the Federal Trade Commission (FTC). For a quick refresher on who the FTC is - they're an independent agency of the U.S. government charged with protecting consumers and promoting competition. It does not have a direct role in regulating the firearms industry, but it does have the authority to take action against “false” or “misleading” advertising, including advertising related to firearms which is what anti-gunners and Democrat leaders are strongly pushing for.
Last month, Senator Chuck Schumer (D-NY) actually called for the FTC to investigate a company for marketing a firearm designed around the needs of minors who are learning to responsibly handle guns. "The law says you shouldn't be marketing guns to kids, ' Schumer insisted." "But there is a company in Chicago that is doing exactly that." He refers to the JR-15.
Schumer knows that this statement is false. Contrary to popular belief, the FTC does not have any regulations or statutes against marketing firearms or having content geared towards teenagers or even children! It was certainly proposed at least once in 2014 but no legislation was ever passed to make that policy into law. However, some states have taken it upon themselves to create and pass their own version of such laws. (i.e. California)
The real reason cronies like Schumer are taking issue with the JR-15 is that it looks like an AR-15. By his logic, even the Ruger 10/22 should be canceled and demonized.
With how much the FTC can impact what you see and hear in media on a daily basis, let's stop to remember how other government organizations have greatly impacted public perception and the outcomes of incredibly important moments in recent U.S. history.
FBI Interference - Many of us still remember that in 2016, then FBI Director James Comey had decided to "notify" Congress about new emails discovered in the Hillary Clinton investigation one day before Election Day. Some might say that Comey's actions likely became the nail in Hillary Clinton's presidential campaign coffin.
EPA Promulgation of Clean Power Plan - Recently struck down by the Supreme Court, the Environmental Protection Agency had been creating rules based on Obama's Clean Power Plan which aimed to limit emissions and mean "clean climate" goals. Naturally, coal industries and states like North Dakota and West Virginia were adversely affected by these energy regulations. So the petitions in court continued until the request was made for the Supreme Court to determine whether or not the EPA had legal authority to set such standards on a regional and national level. SCOTUS determined that the EPA did not have that authority and now requires them to have congressional approval to do so.
ATF to redefine their own legal term of 'firearm' - If you follow us you know what we are talking about. ATF Rule 2021R-05F was the bane of our existence for most of the year 2022. The ATF sought to redefine 80 lowers, something they have clearly defined to not be a firearm in the past, as a 100% firearm. Thankfully, we received a preliminary injunction in a federal court which protected us against the ATF's arbitrary and ridiculous rule. Hopefully the federal court strikes this rule down as unconstitutional.
ATF to redefine their own legal term of 'SBR' - The ATF is also seeking to criminalize millions of gun owners for owning pistol stabilizing braces. Under ATF Rule 2021R-08, gun owners are being forced to either register their AR pistols as SBR's, change their AR to have compliant parts or to choose civil disobedience. This in currently an ongoing case between the FPC and ATF.
Gun control activists have always grandstanded and argue that firearms manufacturers often make exaggerated or unsupported claims about the safety and reliability of their products, which can "put consumers at risk." Their concern is not for safety, but for more control over Americans. It's important for us to call them out on their lies.
Why Recent NJ Gun Control Loss is Important
Photo Source: Per Bengtsson via Shutterstock
New Jersey is currently on a losing streak when it comes to defending new gun control laws in court. Ironically, the most recent case involves a NJ statute that was struck down (for now) by a federal judge - one that was appointed Biden, no less.
The law, section 2C:58-35 was designed to get around the federal Protection of Lawful Commerce in Arms Act (PLCAA) in the case National Shooting Sports Foundation v. Platkin. To put it simply, without the PLCAA, firearms manufacturers and retailers could be held liable for third-party criminal acts and that's exactly what anti-gunning politicians in New Jersey wanted.
Just this week, their state Senator Bob Menendez introduced federal legislation to ban "high-capacity" magazines.
It is a logical fallacy that any level of caution or prudence from members of the firearms industry can prevent criminals from committing acts of crimes with their products, whether it is violent or not. Because in the gun control activists' eyes, all guns are dangerous.
Biden has made it clear that one of his top priorities is to repeal the PLCAA to retain more stringent gun control nationwide. What that will do in reality, is devastate the gun industry and reduce the American legal system to a long queue of frivolous lawsuits waiting to be heard in court. This cannot be acceptable. Despite who nominated this judge, they realize this and you can see that in their opinion and issuance of the preliminary injunction which stopped New Jersey from being able to enforce their new law.
Gun Possession Ban for Marijuana Users Ruled Unconstitutional
Photo Source: Sangriana via Shutterstock
This week Oklahoma took a landmark stance in the case of United States v. Harrison. For many states, it isn't uncommon for guns and marijuana to not mix well together.
Like many other states, Oklahoma had a specific ban against this and what that law specifically did was designate marijuana consumers as "unlawful drug users," which referred to the federal law that still technically bars everyone from recreationally using marijuana. However, many states have passed laws that allow for either medicinal, recreational or both uses that protect their residents from that federal law.
Now, a federal judge has ruled that this distinction is unconstitutional! In fact, their court order included the words, "DISMISSED WITH PREJUDICE."
Those powerful three words mean that the plaintiff can never refile the same claim again in that court which sets a new precedent being that this case was being heard in a federal court.
The judge found that the ban infringed upon the Second Amendment rights of individuals, which protects the right to keep and bear arms. Rightfully so, the judge stated that the ban was too broad and did not take into account individual circumstances, such as medical use of marijuana or the fact that some states have legalized marijuana for both medical and recreational use. The court also found that there was no evidence to support the claim that individuals who use marijuana are more likely to be dangerous with firearms.
This ruling is an important step in the ongoing debate over the relationship between marijuana use and firearms —and the extent to which individuals who use marijuana can exercise their constitutional rights. However, it is important to note that the ruling only applies to the ban in Oklahoma, and similar bans may still be in place in other states.
Still, this is a massive win in protecting your right to bear arms throughout the state of Oklahoma and will undoubtedly be used as an example in future similar cases nationwide.
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