2nd Amendment updates

Committee Passes Resolution To Overturn ATF’s “Engaged In The Business” Rule


BamaCarry Inc. | News | by BamaCarry Inc.


The U.S. House of Representatives Judiciary Committee has approved a Congressional Review Act (CRA) joint resolution of disapproval—a piece of legislation that would overturn the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) rule redefining who is “engaged in the business” of selling firearms.

HJR 144, introduced by U.S. Rep. Andrew Clyde, R-Georgia, was passed in the committee on September 19 by a 14-to-9 vote.

The measure, only one page in length, says simply: Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That Congress disapproves the rule submitted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, Department of Justice, relating to ‘‘Definition of ‘Engaged in the Business’ as a Dealer in Firearms’’ and such rule shall have no force or effect.”

The ATF published the final rule back in April. In effect, outlaws most private sales by changing the definition of who is “engaged in the business” of selling firearms. IN doing so, it muddies the water enough that many are afraid to buy or sell guns because they simply don’t know if it is legal anymore or not.

“I’m incredibly pleased that the House Judiciary Committee approved my measure to overturn the ATF’s disastrous rule,” Clyde said in a press release after the vote. “This lawless government overreach subjects law-abiding Americans to unconstitutional barriers—violating both the Second Amendment and Congress’ sole legislative authority. Ultimately, the goal of the Biden-Harris Administration’s universal background check rule is to create a nationwide firearms registry, which I’ve long warned will eventually lead to gun confiscation. It’s imperative that the House promptly passes my critical legislation to nullify the ATF’s rule in order to protect Americans’ Second Amendment liberties.”

Of course, the Final Rule has already run into some trouble in the courts, In May, the U.S. District Court for the Northern District of Texas approved a temporary restraining order on the Final Rule that states it may not be enforced against the individual plaintiff in the case, citizens of the of Texas, and members of Gun Owners of America, Gun Owners Foundation, the Tennessee Firearms Association and the Virginia Citizens Defense League.

“The Final Rule creates sets of presumptions indicating (1) “when a person has the intent to ‘predominantly earn a profit’” and (2) “that someone is ‘engaged in the business,’” Judge Matthew Kacsmaryk wrote in the ruling. “But these presumptions are highly problematic for at least two reasons. First, they flip the statute on its head by requiring that firearm owners prove innocence rather than the government prove guilt… Second, several presumptions conflict with the statutory text.”

House Judiciary Committee Chairman Jim Jordan helped shepherd the legislation through the committee and was also pleased with its passage.

“ATF’s ‘Engaged in the Business’ rule is the latest example of the Biden Administration ATF going after law-abiding Americans by making new laws without congressional authorization,” Jordan said. “The rule drastically expands the universe of Americans who would be classified as a ‘dealer’ under the federal law that requires some people to obtain a license to become a Federal Firearms Licensee (FFL). Representative Clyde’s Congressional Review Act will nullify the rule and prevent regulatory overreach by ATF, ensuring that existing laws that govern firearm sales are not expanded without proper legislative authorization.”
 

New Biden-Harris Executive Order on Gun Control!​

Buzz News R2KBA

September 27, 2024 Larry Z

Gun Owners of America (GOA) and the National Rifle Association (NRA) are speaking out after the White House’s latest executive order on gun control, which was announced earlier yesterday.
Both organizations heavily criticized the move, describing it as a misguided attempt to clamp down on gun rights and a distraction from the real issues.


Erich Pratt, Senior Vice President of GOA, took direct aim at the timing of the announcement.
“The White House just made a huge mistake by reminding gun owners of Kamala’s radical, gun-grabbing agenda, with the election a mere month or so away,” said Pratt in a press release obtained by GunsAmerica.

“Kamala Harris just claimed responsibility for each infringement—every banned gun and part—by ATF in the last four years, so we are pushing back and calling her out,” he added.
Pratt’s comments highlight the frustration many 2A advocates feel about the policies being pursued by the Biden-Harris Administration. It’s pretty clear to all of us that the administration is overstepping by using federal agencies like the ATF to enforce unconstitutional gun control measures.
Aidan Johnston, GOA’s Director of Federal Affairs, also weighed in, pointing to the danger he sees in weaponizing background checks.

“Shockingly, Kamala Harris is weaponizing the ‘enhanced background check’ for young adults into a tool for gun confiscation,” he observed.
“If an existing gun owner goes to purchase a new firearm legally, the government may ‘red flag’ them instead and seize their currently owned firearms in the process,” he continued. “The chilling effect this could have on new gun purchases is unimaginable.”
The executive order contains several provisions that have triggered alarm.

Most Notable Executive Orders:​

  • The use of “red flag” laws to disarm gun buyers during an “enhanced background check”
  • $135 million in federal funding offered to states as an incentive to pass and enforce “red-flag” gun confiscation laws and expand “enhanced background” checks
  • Pressure on states to modify privacy laws, specifically to allow the federal government access to minors’ records in order to extend waiting periods for adults under 21 attempting to purchase firearms
  • The creation of a task force to target homemade firearms, 3D-printed guns, and machine gun conversion devices
  • A push for Congress to pass a federal ban on so-called “assault weapons” and bump stocks, along with mandatory “safe-storage” laws and expanded background checks to support the ATF’s gun owner registry
No doubt that these measures represent a serious threat to the 2A and are part of a broader plan to restrict gun ownership in the U.S.
In addition to the GOA’s response, Randy Kozuch, Executive Director of the NRA Institute for Legislative Action (NRA-ILA), also issued a statement.
Kozuch took a broader view of the political context behind the executive order, stating that the Biden-Harris Administration is using the announcement to deflect attention from other, more pressing problems.
“This Executive Order is just one more attempt by the Biden-Harris Administration to deflect attention from their soft-on-crime policies that have emboldened criminals in our country,” said Kozuch.
“The orders are notably heavy on election-year rhetoric and light on substance,” he continued. “It’s no secret that Americans don’t feel safe under the Biden-Harris Administration, as evidenced by the record number of firearms being purchased for the defense of self and family.”

SEE ALSO: Trump Uses Lott’s Crime Data to Slam Biden-Harris Administration

Kozuch’s comments reflect growing concerns about the current administration’s handling of crime and public safety. With violent crime rates on the rise in many urban areas, critics argue that focusing on restricting gun rights ignores the root causes of these issues.
Both GOA and NRA are pointing out the obvious. This executive order is part of a larger effort to curtail Second Amendment rights.
To some extent, we’ve all been on high alert as the administration continues to push for tighter gun control regulations.
The $135 million in funding attached to this executive order is particularly alarming, as it incentivizes states to adopt policies that will lead to more gun confiscations.
Additionally, the expansion of background checks and the push for Congress to pass “assault weapons” bans are a direct attack on gun ownership and individual rights.
GOA and NRA have promised to keep up the fight, with both organizations encouraging their members and supporters to stay informed and engaged in the ongoing battle.
As the 2024 election looms, it’s no time to sit on the sidelines. Get out there. Spread the word.
 
This is from NAGR. The guy that we met with yesterday,

BREAKING NEWS: The gun grabbers are at it again – this time it might be a snake in the grass, Republicans.

I just received intel that Alabama’s ten largest cities, along with their Chiefs of Police, are plotting to REPEAL our hard-won Constitutional Carry law. And that’s not all—they’re discussing other anti-gun schemes like banning so-called “dangerous” triggers and maybe even “Red Flag” Gun Confiscation laws.

Make no mistake, these cities are gathering to scheme against your rights at the Legislative Luncheon on Thursday, October 3rd, at the Hoover Police Training Center. Their goal? To erode the Second Amendment in Alabama, piece by piece.

This is not just a “Legislative Luncheon”; it’s a coordinated attack on your freedom.

The anti-gunners are banking on the Republican leadership in Montgomery to take their bait and sell out Alabama gun owners.

We cannot let that happen.

We fought too hard for Constitutional Carry to watch it get stripped away in a closed-door meeting.

That’s why we MUST flood their phone lines NOW!

Tell Republican Leadership to stand firm against these anti-gun plots:
Governor Kay Ivey: ☎️ (334) 242-7100
Senate President Pro Tem Greg Reed: ☎️ (334) 261-0842
House Speaker Nathaniel Ledbetter: ☎️ (334) 261-0505
Demand they defend Alabama’s Constitutional Carry law and reject ALL anti-gun measures!

You see, Republicans control 76 of the 105 seats in the Alabama House of Representatives, 27 of the 35 seats in the State Senate, and, of course, Kay Ivey, a Republican, controls the Governor’s Mansion.

It would take a coordinated effort by spineless, backstabbing Republicans to REPEAL Alabama’s most pro-gun law, Constitutional Carry.

This is why your voice is so powerful.

Don’t let the anti-gun crowd bully our Republican lawmakers into making a backroom deal that would gut your right to self-defense.

Together, we’ve stopped bad bills before, and we will do it again—but only if you take action now.

For Freedom,

Taylor D. Rhodes
Alabama State Director
 
“enhanced background check”

What is the difference between "enhanced" and a "regular" background check?
 
"enhanced" means taking longer also hiring more ATF agents to look into social media posts, friends, hobbies---you know like communism.
 
Just plain stupid. A new law that covers a law already in effect to try and establish more control over something already covered.
When this happens ? The person submitting it should be removed from office for gross incompetence and ignorance.
 

Will the National Constitutional Carry Act Have a Chance in 2025?​

By
Todd Woodard
-
Published:December 26, 2024Updated:December 24, 2024
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Rep. Thomas Massie
One of the legislative pushes we hope succeeds in 2025 is the passage of Representative Thomas Massie’s (R-KY) National Constitutional Carry Act (H.R. 9534).
If passed, Massie’s constitutional carry legislation will ensure Americans’ Second Amendment right to carry firearms in public spaces is protected throughout the country.
“I’m fortunate to live in a state where people are free to exercise their right to keep and bear arms without begging the government or paying a fee,” said Rep. Massie. “Unfortunately, not every American enjoys the same right to carry firearms in public because some states and localities infringe upon this right through a variety of criminal, civil, and regulatory penalties. By prohibiting state or local restrictions on the right to bear arms, H.R. 9534 upholds the original purpose of the Second Amendment—to ensure the security of a free state—while safeguarding individual liberties against government infringement.”
Massie’s legislation has two major provisions:
  • The first provision prohibits any state or political subdivision from imposing criminal or civil penalties on eligible individuals carrying firearms in public.
  • The second provision invalidates any existing state or local laws, statutes, regulations, or local restrictions that criminalize, penalize, or otherwise dissuade the carrying of firearms in public.
In addition to covering all 50 states, H.R. 9534 includes the District of Columbia, the Commonwealth of Puerto Rico, and other territories of the United States within its scope to ensure that residents of all U.S. jurisdictions enjoy consistent protection of their Second Amendment rights.
Rep. Massie’s National Constitutional Carry Act is endorsed by prominent gun rights organizations, including the National Association for Gun Rights (NAGR) and the American Firearms Association (AFA). Representatives of these organizations offered the following statements of support for H.R. 9534:
“Currently, 29 states have adopted constitutional carry laws, yet contrary to the warnings of gun control advocates, there’s no evidence of rampant violence or ‘wild west’ scenarios. Instead, crime rates either remain stable or show a decline. With numerous states affirming citizens’ rights to bear arms without excessive government regulation, it’s about time Congress follows suit,” said Hunter King, director of political affairs for the National Association for Gun Rights based in Loveland, Colorado.
“For the past 15 years, anti-gun liberals have told everyone that states passing constitutional carry would experience violence like we haven’t seen since the ‘wild west’ days. Twenty-nine states have proven them wrong, all while gun-control strongholds like DC, Chicago, and California have descended into violence and deadly chaos. AFA is proud to support Congressman Massie’s efforts post-Bruen to help restore Second Amendment freedom to those across the country currently being deprived by their tyrannical governments,” said Patrick Parsons, executive vice president for the American Firearms Association based in Columbus, Ohio.
Original cosponsors of the National Constitutional Carry Act include Rep. Kelly Armstrong (R-ND), Rep. Andy Biggs (R-AZ), Rep. Lauren Boebert (R-CO), Rep. Josh Brecheen (R-OK), Rep. Tim Burchett (R-TN), Rep. Michael Cloud (R-TX), Rep. Mike Collins (R-GA), Rep. Bob Good (R-VA), Rep. Paul Gosar (R-AZ), Rep. Marjorie Taylor Greene (R-GA), Rep. Andy Harris (R-MD), Rep. Clay Higgins (R-LA), Rep. Mary Miller (R-IL), Rep. Barry Moore (R-AL), Rep. Nathan Moran (R-TX), Rep. Andy Ogles (R-TN), Rep. Chip Roy (R-TX), Rep. Victoria Spartz (R-IN), Rep. Tom Tiffany (R-WI), and Rep. Randy Weber (R-TX).
The text of Rep. Massie’s legislation is available here.
 

Florida Sheriff Tells Criminals “Expect to be shot “


BamaCarry Inc. | News | by BamaCarry Inc.


Florida Sheriff Tells Criminals “Expect to be shot “

On December 27, 2024 WFIN in Florida quoted Manatee County Sheriff Rick Wells about a recent home invasion and shooting. The Sheriff said:

“This is the state of Florida, if you want to break into someone’s home, you should expect to be shot.”

The incident happened on December 26, 2024 about 9 p.m. From wfin.com:

“He knew something bad was about to happen and he didn’t stall,” MCSO Sheriff Rick Wells said during a press conference Friday. “He grabbed his firearm [and] told his wife to get into a safe spot.”

The homeowner fired multiple rounds, hitting Flores-Toledo “several times,” while Soto-Mella fled the scene, according to the sheriff’s office.

“I sat down next to the lanai, the door was open,” John Nuceder, who was visiting a family member in the neighborhood, told Fox 13. “I vividly heard three gunshots.”

Authorities said Flores-Toledo was initially reported to be in critical condition before being transported to Sarasota Memorial Hospital, where he died Friday morning.

“This is the state of Florida,” Wells said. “If you want to break into someone’s home, you should expect to be shot.”

Deputies tracked down Soto-Mella, who was in the country illegally after his 90-day visa expired in September, using K9 units and arrested him a few blocks away, according to the sheriff’s office. The scene was secured and everyone involved was accounted for, posing no threat to the community.

The man who was killed, Flores-Toledo, was from Mexico. His immigration status was not mentioned. The man with him is from Chile and was in the country illegally.

Situational awareness is key. The homeowner noticed the two suspects before they broke in. This gave him time to access his firearm, gain tactical advantage, and advise his wife to seek shelter. It seems likely the couple had a plan for such a situation because they acted quickly. Too often, people see danger forming and refuse to accept what is happening. This leads to dangerous delays in an effective response. The United States is one of the very few jurisdictions that protect the inherent right of people to use firearms to defend themselves and, to varying degrees, their property.

Neither Mexico nor Chile has anywhere near the concentration of firearms in private hands that exists in the United States. A homeowner in the United States who shoots and kills a home invader is not particularly uncommon. A sheriff who openly celebrates homeowners defending themselves against criminals by exercising their Second Amendment rights is becoming more common. There have been several instances over the last few years.

For 150 years, Americans’ ability and willingness to defend their homes with deadly force were applauded. From about 1965 on, there was a growing trend to denigrate American citizens’ use of firearms to defend themselves, to denigrate the Second Amendment, and to slowly disarm Americans. That trend is dead. While not fully restored, the Second Amendment is being restored in legislatures and by the courts.

Kudos to Sheriff Rick Wells. He is an American politician/lawman who is stating the obvious. I expect him to be re-elected. He has been in office for almost eight years. He is married to Lupita Wells and has three sons.
 

DETTELBACH DEPARTING ATF​

The Citizens Committee for the Right to Keep and Bear Arms is cheering the announced departure of Steven Dettelbach as head of the Bureau of Alcohol, Tobacco, Firearms and Explosives, and is urging incoming President Donald Trump to appoint someone who will “run the agency, not politicize it.”
Dettelbach submitted his letter of resignation Dec. 20, and it becomes effective Jan. 18, just two days before Trump is sworn in as the 47th U.S. President.
“That’s one less person Trump will have to fire after he takes office,” CCRKBA Chairman Alan Gottlieb observed, “and it is one less gun prohibition lobbyist on the government payroll.”...
 
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