2A Newsletter: Week of May 5th

Illinois Federal Judge Issues Preliminary Injunction Against Gun Ban

Photo Source: Michael Heimlich via Shutterstock

In a significant and surprising victory for Illinois, a Federal Judge of the United States District Court for the Southern District of Illinois issued a preliminary injunction against the "Protect Illinois Communities Act" (PICA). The Act aimed to ban the ownership of over 190 firearm models and criminalize the possession of magazines holding more than 10 rounds.

Judge McGlynn's opinion argued that PICA likely couldn't be harmonized with the Second Amendment and infringed on the constitutional rights of law-abiding citizens. The decision is particularly meaningful in Cook County, where anti-gun sentiments have long prevailed and have reduced the Second Amendment to near obscurity.

This ruling emphasizes the importance of Second Amendment supporters remaining vigilant in their fight to preserve the Constitution. The focus should be on finding solutions to gun violence that address root causes while upholding the constitutional rights of all citizens, rather than implementing blanket bans that infringe on responsible gun owners' rights.

The Supreme Court is about to turn up the heat on ATF

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As the Supreme Court considers reevaluating the Chevron deference, the ATF is also facing increased scrutiny from members of the House Judiciary Committee. Last week, ATF Director Steven Dettelbach was called to testify in Congress to address concerns about the agency's rulemaking policy — namely, the reclassification of pistols with attached stabilizing arm braces as short-barreled rifles (SBRs). This decision impacts law-abiding gun owners and stems from unelected bureaucrats enacting new regulations without any regard to the constitution.

The Chevron Doctrine is what allows the ATF and other government agencies to create these rulings even though they are not elected bureaucrats. Simply put, if a ruling's language is unclear and the agency has provided a “reasonable” interpretation of that ruling, then thats whats deferred to when enacting legislation.

This shift away from the norm could further challenge the ATF's authority to interpret and enforce gun laws. Loper Bright Enterprises et al. v. Raimondo is currently fighting this doctrine. Although this case is not directly addressing ATF the outcome most certainly will impact the way they currently operate. Should the Supreme Court limit the deference given to agencies - it could force Congress to provide clearer guidance on firearm regulations, preventing agencies like the ATF from arbitrarily making unilateral decisions that impact millions of gun owners (as they have been doing so for decades now).

During the House Judiciary Committee hearing, lawmakers like Chairman Jim Jordan and Rep. Thomas Massie tore apart the ATF's actions on stabilizing braces and accused the agency of overreaching its authority. Watching Director Dettelbach get grilled by Republicans in Congress was fun, but it further underscores the confusion arounds the ATF's wanton regulatory actions and the need for increased transparency and oversight.

Two States, Two Opposite Directions

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The Second Amendment landscape in the United States is a patchwork of regulations with neighboring states often taking vastly different approaches. A recent case in point: Montana and Colorado — two states separated only by Wyoming, have passed legislation with opposing implications for gun rights.

Montana has taken a stand for the firearm industry with the Firearm Industry Nondiscrimination (FIND) Act, signed by their Governor Greg Gianforte. The law HB 356 prevents state agencies from entering into contracts with banks that discriminate against the firearm industry. Montana's FIND Act ensures that corporate banks with anti-gun policies won't benefit from taxpayer dollars through state contracts.

The Senior Vice President and General Counsel for the National Shooting Sports Foundation (NSSF), praised the move, stating that Montana is sending a clear message that "Second Amendment rights are not for sale to 'woke' Wall Street corporate banks."

On the other hand, Colorado Governor Jared Polis has just signed four anti-gun bills this week including HB 23-1219, SB 23-168, SB 23-169, and SB 23-170 that further restrict Second Amendment rights. These bills include a three-day waiting period for firearm purchases, the removal of liability protections for manufacturers and sellers, a prohibition on firearm purchases for young adults aged 18-20, and an expansion of Colorado's "red flag" gun confiscation scheme. These measures absolutely infringe on the constitutional rights of law-abiding citizens and threaten Coloradan's ability to protect themselves. Next time I'm feeling a mountainous vacation I know where I'm headed. 

The contrast between these two states represents the current state of affairs regarding Second Amendment rights in the United States. While based states like Montana strengthen its support for the firearm industry, states like Colorado tighten its grip on gun control. Look into and financially support groups like the GOA, SAF, and FPC to stay informed and vigilant about the implications these laws have on our fundamental rights. Can't afford it? If you really care about 2A rights, we challenge you to work it into your budget. There's no such thing as a free lunch. 

In Other 2A News

• Layups to the President: Biden Gets Reporter's Question in Advance
• Democrats would rather talk about gun control rather than our weak border control  
• Suppressors are being attacked on Capitol Hill

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