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2A Newsletter: Week of September 8th thumbnail image

2A Newsletter: Week of September 8th

80 Percent Arms   |   Sep 7th 2023

Photo Source: Hanson L via Shutterstock

Washington State's 'Assault Weapons' Ban Upheld Again: A Challenge to 2A Advocates

In what many Second Amendment advocates see as a concerning trend, Washington state's ban on so-called "assault weapons" has been upheld for the third time in recent months. This past Friday, Thurston County Superior Court Judge Allyson Zipp dismissed an appeal in the Guardian Arms v. Inslee case, which sought to halt the enforcement of House Bill 1240. This legislation, which came into effect on April 25, curtails the sale, distribution, manufacture, and importation of over 50 types of firearms, including the iconic AR-15 and AK-47-type rifles. Notably, the bill does not infringe upon the rights of current owners of these firearms.

Earlier, on June 23, Judge Zipp had denied a similar motion in the same case. Even before that, on June 6, U.S. District Court Judge Robert Bryan also declined a request to block Washington’s new legislation against the sale of these firearms.

It's crucial to recognize the broader implications for our constitutional rights. State's Attorney General, Bob Ferguson, was quick to claim victory, stating, "My legal team remains undefeated against the gun lobby in court." He further asserted that this legislation would curtail the "preferred weapon of mass shooters."

Guardian Arms LLC, based in Moses Lake, immediately challenged the bill, filing a lawsuit on the very day Governor Jay Inslee signed HB 1240 into law. Their lawsuit highlighted a critical perspective, noting that firearms labeled as assault weapons have rarely been used in mass shootings in Washington. They also rightly argue that the law's definition of an "assault weapon" is unconstitutionally vague.

These legal developments highlight the persistent challenge to safeguard our core rights. While challenges persist, the commitment to upholding the right to bear arms remains strong.

Photo Source: Perry McLeod via Shutterstock

Biden’s Recent Executive Order on Background Checks Raises Concerns

In a move that has raised eyebrows among staunch Second Amendment supporters, Biden signed an Executive Order aimed at expanding the scope of background checks for firearm sales. This action, taken in conjunction with the Bipartisan Safer Communities Act, appears to be another step towards tightening the noose on law-abiding gun owners, rather than addressing the root causes of gun violence.

Since 1994, federally licensed firearms dealers have been mandated to conduct background checks before completing a firearm sale. While touted as a measure to keep firearms out of the hands of felons and other disqualified individuals, this system has often been criticized for its inefficiencies and potential to infringe upon the rights of law-abiding citizens. Now, with the push to redefine who qualifies as a federally licensed firearms dealer, there's growing concern about the overreach of federal regulations and the erosion of individual rights.

The Justice Department's proposed rule, stemming from the Bipartisan Safer Communities Act, is riddled with ambiguities that could potentially criminalize innocent actions:

  • While personal transactions between family members or sales of collectible firearms are said to remain private, the boundaries of what constitutes a "personal transaction" remain unclear.
  • The criteria for who needs to secure a license are vague. For instance, if someone were to sell a firearm shortly after purchasing it, would they be considered a dealer? Such ambiguities could ensnare regular citizens in legal complications.

The proposal's emphasis on closing so-called "loopholes" seems more like an attempt to further regulate and control private sales, even when they occur between law-abiding citizens. By casting a wide net, there's a risk of infringing upon the rights of individuals who have no ill intent.

When the proposed rule is open for public feedback after it is published, many Second Amendment advocates are skeptical about whether their voices will genuinely be considered, given the current administration's track record on gun control measures. The NPRM will be open for a 90-day comment period once it is published in the Federal Register.

This rule, under the guise of public safety, seems more like a step towards chipping away at the rights of law-abiding gun owners. Instead of focusing on measures that could genuinely address the root causes of gun violence, the emphasis appears to be on limiting the rights of citizens. It's a reminder of the importance of vigilance and advocacy to ensure that the foundational right to bear arms is not eroded piece by piece.

Photo Source: TOM WILLIAMS/CQ ROLL CALL/GETTY IMAGES 

Hunter Biden Faces Potential New Indictment by September 29th

In a move that's drawing national attention, David Weiss, appointed as U.S. special counsel by Attorney General Merrick Garland, indicated in a legal document that the government plans to pursue a grand jury indictment prior to the September 29 deadline, as stipulated by the Speedy Trial Act. "The government plans to pursue an indictment in this case before the specified date," Weiss stated in a status update to U.S. District Judge Maryellen Noreika. This comes after the dissolution of a previous plea deal related to tax and firearm charges.

Hunter Biden had initially been set to plead guilty to two misdemeanor charges for not filing taxes in 2017 and 2018. Additionally, he was allegedly on the path to enter a pretrial program for a firearm charge. However, disagreements between his legal team and federal prosecutors led to U.S. District Judge Maryellen Noreika rejecting the plea agreement.

This situation, which has been scrutinized by some Congressional Republicans, has reignited concerns about potential double standards in gun regulations. The case seems to echo a sentiment many Second Amendment advocates have expressed: "Rules for thee, not for me."

This ongoing case serves as a stark reminder of the challenges and perceived inconsistencies facing gun rights in America. At 80% Arms, we remain steadfast in our dedication to upholding the Second Amendment

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