LEGAL UPDATES & IFC AT NRAAM

LEGAL UPDATES & IFC AT NRAAM

LEGAL UPDATES & IFC AT NRAAM

Legal updates & IFC at NRAAM: This week’s President’s Message includes a couple of surprising court decisions and a heads-up that IFC will be attending the NRA Annual Meeting in Dallas this week.  As President of Iowa Firearms Coalition, I was invited to speak at the Clubs & Associations Forum on Friday, May 17th. After missing the last two weeks for a much-needed vacation, I’m back at it here at IFC.

Legal Updates

These last few weeks have seen some interesting court rulings from some surprising places.  

This first unfortunately is from the Iowa Supreme Court with a ruling (I think incorrectly) that antique muzzleloading firearms are “firearms” when it comes to ‘felon in possession’ statutes. We strongly disagree with this ruling and are studying the case to see if the Iowa legislature needs to clarify this issue.

The more interesting case is that the US 9th Circuit Court of Appeals has held that non-violent convicted felons cannot be denied the right to keep and bear arms in Duarte. In Duarte, the three-judge panel ruled 2-1 that they could not be denied. The case was very well summarized by Jeff Charles at RedState:

“The court’s ruling repudiated an earlier Ninth Circuit decision in United States v. Vongxay and argued that the decision was “clearly irreconcilable” with the Supreme Court’s ruling in Bruen. The Vongxay ruling upheld federal laws prohibiting felons from owning firearms.

 

The court applied Bruen’s two-step framework, acknowledging that Duarte, as an American citizen, is part of “the people” covered by the Second Amendment and rejected the state’s argument that felons are excluded from its constitutional protections.

 

At Bruen’s second step, the court determined that “The Government put forward no ‘well-established and representative historical analogue’ that ‘impose[d] a comparable burden on the right of armed self-defense’ that was ‘comparably justified’ to the current law’s “sweeping, no-exception, lifelong ban.”

Why This is Surprising

What is striking to me is that this same court just overruled its own prior decision in United States v. Vongxay.  That case previously upheld the federal ban on felons’ possession of firearms. You might remember that the current SCOTUS session included a case I’ve previously written about, United States v. Rahimi, challenging that ban.  That ruling has yet to be passed down from SCOTUS but is expected shortly. 

At the time of the adoption of the Bill of Rights, the only felonies defined by law were capital crimes like murder, rape, robbery, kidnapping, and a few others.  At that time, capital crimes were mostly punishable by death. Because those were so serious, persons convicted of them lost their constitutional rights. 

This ruling might be the 9th Circuit’s attempt to set up a future Bruen-limiting SCOTUS ruling. For now, however, the Bruen decision is upending nearly everything related to gun bans and prohibitions. Its impact will be felt for years–and that is good news. I’ll follow up in the next few weeks in a future President’s Message, with the “in common use” standard. I think that standard may be the answer to nearly every unconstitutional gun ban starting with the 1934 National Firearms Act to the present

Please post a comment below on this issue for us.  We’d like to get your input on this important question. 

National Rifle Association Annual Meeting 2024

NRAAM is this week, and a couple of members of our Executive Committee will be in attendance in Dallas. On Friday morning, May 17th, I have the honor of presenting about IFC’s social media efforts.  I’ll be talking about how we successfully spread the truth regarding the Second Amendment far and wide. As the 2020 and 2022’s ‘NRA Outstanding State Association of the Year’, IFC continues to set the pace when it comes to leveraging both social and earned media. 

Please stay Ready at All Times, and help us defend all of Iowa’s rights by joining or renewing your IFC membership here today.

Shoot Straight, Speak The Truth, and Never Surrender Our Liberties.

Dave Funk
President
Iowa Firearms Coalition

 

 

The Problem with Progressive Anti-Liberty Mindset is Tyranny

The Problem with Progressive Anti-Liberty Mindset is Tyranny

Tyranny is the problem with the progressive anti-liberty mindset.  Whenever possible, they employ tyranny over us with glee and enthusiasm.  Why?  Because they tell themselves they’re saving us from ourselves.  It isn’t that the 2A or 1A are fundamental problems.  Rather, the average progressive, post-modern, neo-Marxist, or run-of-the-mill left winger can’t handle a world they don’t control.  It won’t matter to them that you and I, among 99% of the rest of us do well, sometimes even great, with the exercise of our civil liberties, but more that they can’t imagine doing anything of the sort themselves.  And because they can’t think through what it would be like to defend oneself with a firearm, they seek to remove any choice for you to do so.

“Of all tyrannies, a tyranny sincerely exercised for the good of its victims may be the most oppressive. It would be better to live under robber barons than under omnipotent moral busybodies. The robber baron’s cruelty may sometimes sleep, his cupidity may at some point be satiated; but those who torment us for our own good will torment us without end for they do so with the approval of their own conscience. They may be more likely to go to Heaven yet at the same time likelier to make a Hell of earth. This very kindness stings with intolerable insult. To be “cured” against one’s will and cured of states which we may not regard as disease is to be put on a level of those who have not yet reached the age of reason or those who never will; to be classed with infants, imbeciles, and domestic animals.”

C.S. Lewis, God in the Dock: Essays on Theology (Making of Modern Theology)

Lewis does a pretty good job of outlining this fundamental problem in the quote above.  If you cut to the core of these silly progressive liberal arguments, you inevitably come to one irrefutable truth.  They can’t possibly grapple with the precept surrounding responsibility and consequence.  They wish to place upon us restrictions that make them feel better about themselves with simultaneous safety nets to make it work.

Why safety nets you ask?  Well, when the consequences are no longer bound to the choices we make, we simply don’t learn the lesson.  Without lessons learned, we are apt to make more bad choices.  With more bad choices, we see poor outcomes associated with everything you can chart, categorize, or easily reference.  To avoid the truth associated with such endeavors, safety nets are necessary to mask the logical conclusion that ethics matter and serve as the basis for our morals in action.

This isn’t to say progs don’t care about people.  Of course, they do.  But they don’t love them enough to allow them to grow in ways that can often result in a bruised knee or a scraped elbow.  My dad pushed me down the driveway, which had a considerable grade, without training wheels, and yelled, “Peddle son!”  Guess what?  I learned to ride a bike in 7 seconds.  How long might it have taken me if I’d had training wheels on?  I’m unsure, as it was the road not traveled.  But I’m guessing longer than 7 seconds.  Dad wasn’t wrestling his own mind about what was going to happen or not happen when he gave me a push.  He had sized me up, knew I was probably ready to rock, and gave me a shove.  Progs have a hard time with that metaphorically speaking, so they tend to avoid the possibility it won’t go well, by placing everyone on perpetual training wheels for their own good.

Unfortunately, their version of training wheels is perpetual intolerance of us while demanding 100% tolerance of them.  Thus, tyranny and Hell on Earth.  Pay close attention to what they say when they’re talking.  They rarely skip an opportunity to talk down to you.  Go read the Lewis quote above again, and let it sink in.

In Libertatem,

 

Michael Ware – IFC Board

NSSF News Regarding ATF

NSSF News Regarding ATF

NSSF News Regarding ATF

News from the NSSF reveals alarming statistics about ATF’s activities.  Last week, in a blog called “This is New York“, we told you about Judge Darkeh who said “‘Do not bring the Second Amendment into this courtroom. It doesn’t exist here. So you can’t argue Second Amendment. This is New York.’  That Judge obviously feels that New York is exempt from the Second Amendment due to restrictive (and unconstitutional) state laws.

“Only in New York” – am I right?…Except that’s no longer true.  It is not just New York.  Several states have passed laws in defiance of the Bruen case.  I believe that lawfare is one of the many ways the current regime, backed by an unleashed and out-of-control ATF, is attempting to make our exercise of Second Amendment rights too expensive, too risky and too much trouble to participate in and enjoy.  IF we give up.

ATF’s Nefarious Activities

Another example of this effort is the ATF’s use of Zero-Tolerance to close down gun shops.  The National Shooting Sports Foundation shared this article “ATF ‘Zero-Tolerance’ Revocations Continue at Blistering Pace”, regarding the ATF’s Zero-Tolerance policy and the aggressive closure of gun shops around the country.

The campaign to shutter firearm retailers over minor clerical errors, called a “zero-tolerance” policy, is having devastating effects on small businesses and the ability for law-abiding citizens to exercise their Second Amendment rights by freely approaching a firearm retailer for a purchase.

The number of inspections, warning letters, settlement conferences, license revocations AND the number of FFLs which “voluntarily” gave up their licenses after interaction with the ATF in order to avoid protracted and expensive investigations, have skyrocketed under the Biden’s gun-control regime.  Even those dealers which do not have any violations are “named and shamed” by the ATF, and rather than face an onslaught of threats and inspections preventing them from conducting their lawful businesses, they simply fold.  But the ATF has it backwards and upside down!

All this adds up to the ATF carrying out a politically-driven agenda to drive firearm retailers out of business rather than the ATF inspection process being used as it was designed – to assist firearm retailers to operate their lawful business in compliance with the laws and regulations governing the sale of firearms.

There are efforts afoot to rein in the ATF, however.  Our own Senator Ernst introduced a bill to do so, as described in this recent Press Release from her office.

Biden’s ATF has had it out for gun owners since day one,” Ernst said. “For years, the Biden administration has cracked down on law-abiding gun dealers to advance its gun-grabbing agenda, even preventing small businesses from making a living. Rather than helping dealers comply with the law, Biden’s ATF has created more hurdles to legally sell guns, so it can turn around and revoke licenses for inconsequential, so-called ‘violations.’.

The fate of Senator Ernst’s bill remains to be seen, but at the least it brings the ATF’s actions into sharp and questionable focus.

NSSF’s Project ChildSafe

In other news from the NSSF, they are promoting firearms safety during National Safety Month and in advance of the upcoming June 11th Responsible Gun Owners Day, pointing out that:

Over the last two years, there have been more than 14 million first-time gun owners, many of them seeking guidance on training and safety education at firearm retailers, shooting ranges and through NSSF’s Project ChildSafe program. Firearm ownership is a right enjoyed by millions of Americans, and with that right comes the responsibility to safely handle and store firearms when they’re not in use. Project ChildSafe has a vast library of firearm safety resources available to gun owners to help prevent accidents, theft and misuse, including suicide.

The Press Release is here for your review and consideration.  IFC strongly supports responsible firearms ownership and gun safety, and we hope the links from this article are helpful to you and your families:

Top Project ChildSafe resources for firearm owners:

JOIN IFC!

You should be thankful to have such an effective organization working on your behalf.  However, there is no question that there is strength in numbers – and we need your participation!  It is just a fact that legislators listen more closely to larger groups.  There is more work to be done, as was outlined recently in this IFC blog.  Become a part of the fight.  Second Amendment challenges are everywhere and it takes all gun owners to keep our rights intact.

Membership in IFC is not expensive.  Even if you belong to a national gun rights organization, you should join IFC.  IFC is involved at a state level – and those laws affect you each and every day.  Being a member keeps you up-to-date on legislation being proposed, or passed, as well as Second Amendment developments and firearms industry news.  In addition – an ADDED BONUS to membership is the discounts offered by our Trusted Partners and Affiliates to our members.  Check it out!

Second Amendment Matters

Sponsors for the 2024 GUNCON?  Too Many To List!

Sponsors for the 2024 GUNCON? Too Many To List!

GUNCON 2024 is happening and it isn’t too late to get your tickets and be part of the “collective” as it were…  This event is the next evolution of our TGC Panel you know and love. We are bringing together some of the top content creators, some of your favorite brands, and YOU all at the Brownells HQ! There will be tours of the Brownells facility, tons of cool guns and gear, as well as some big giveaways!

The Gun Collective is brought to you by Jon Patton, and he produces all the content for TGC.  Jon makes every effort to be honest and forthright, focusing on educating firearm owners and enthusiasts, while pay close attention to continual quality content.  The news, reviews, videos, or podcasts you see coming from TGC is top tier.  That’s what makes GUNCON being held in our neighborhood so exciting.  You can listen to the panelist discussions, talk to vendors directly, and shake hands with the people you’ve followed for years.  GET YOUR TICKETS HERE.

Check out this list of sponsors!!! And yes, the Iowa Firearms Coalition is included!

What Is GunCon 2024 And Why I Drawn To It Like A Magnet?

What Is GunCon 2024 And Why I Drawn To It Like A Magnet?

GUNCON 2024 is happening and it isn’t too late to get your tickets and be part of the “collective” as it were…  This event is the next evolution of our TGC Panel you know and love. We are bringing together some of the top content creators, some of your favorite brands, and YOU all at the Brownells HQ! There will be tours of the Brownells facility, tons of cool guns and gear, as well as some big giveaways!

The Gun Collective is brought to you by Jon Patton, and he produces all the content for TGC.  Jon makes every effort to be honest and forthright, focusing on educating firearm owners and enthusiasts, while pay close attention to continual quality content.  The news, reviews, videos, or podcasts you see coming from TGC is top tier.  That’s what makes GUNCON 2024 being held in our neighborhood so exciting.  You can listen to the panelist discussions, talk to vendors directly, and shake hands with the people you’ve followed for years.  GET YOUR TICKETS HERE.

IFC is a sponsor!  Read all about GUNCON 2024 HERE.  Listen in with Michael Ware of IFC and Jon Patton of The Gun Collective as they discuss what is going on with GUNCON 2024 right here in the middle of little ol’ Iowa.

 

This Is New York

This Is New York

This is New York

Click here to learn more

Well, everyone deserves a break and our illustrious President, Dave Funk, is taking one this week. I’m subbing for this week’s President’s Message and there’s some stuff to get through! Here goes…

‘Do not bring the Second Amendment into this courtroom. It doesn’t exist here. So you can’t argue Second Amendment. This is New York.’

Re-read that quote…

Judge Darkeh, in New York City, has no regard for the Constitution or the Bill of Rights – especially the Second Amendment!  Consequently, an ordinary guy –  a software engineer with a machine shop in his basement – is sitting in prison while real criminals get cashless bail.  Mr. Taylor got interested in gunsmithing during COVID (when New York was completely shut down), and legally ordered parts and lower receivers to begin building firearms.  He is a hobbyist.  He reportedly never even fired the firearms.  He never sold any of the firearms.  Yet today he is in one of the worst prisons in our country, while his attorney attempts to appeal the case.  His attorney estimates it will take two years of appeals to work the case up to the Supreme Court.

To fully appreciate the case, read the particulars here, in an article by Jeff Charles, entitled “NYC Man Convicted Over Gunsmithing Hobby After Judge Says 2nd Amendment ‘Doesn’t Exist in This Courtroom“.  Charles also conducted an interview of Taylor on X, which you can listen to here: Interview of Taylor.

Of course, reactions from around the 2A community are predictably and justifiably loud and angry.  mrgunsngear on YouTube posted this video with his take on the case that provides background about New York law, details about this case, and about Mr. Taylor. Listen here to Colion Noir’s outrage over this case.  And Guns & Gadgets expressed their disbelief about the case here.

 

In Other Anti-Constitutional News…

Watch this Undercover Video from James O’Keefe, featured in this article from American Thinker.  Mr. O’Keefe is having a conversation with a six-year DOD employee, called Jason Beck.  Mr. Beck has a senior position within the Office of the Secretary of Defense and routinely writes prepared responses for his bosses when they go to Capitol Hill to testify to Congress.  Specifically, his title is the ‘Associate Director, Total Force Requirements & Sourcing Policy’.  Like others currently in (unauthorized bureaucratic) ‘power’, he openly advocates to just ignore, discard, and trample upon the Constitution and American gun owners.  In particular, he tells Mr. O’Keefe in the video that gun owners should be stripped of their guns…by the National Guard…by force.  “Take them all away.”  All guns.

“The DoD employee casually noted that he “would like to do some work on the state’s monopoly on violence.” When asked what state’s monopoly on violence meant he replied, “It’s the idea that the state, meaning the country, uh, is the only sort of legitimate purveyor of violence …” Anyone else feel a chill?”

The article succinctly concludes with this observation:

“Disarming the citizenry is the hallmark of totalitarian rule. It is one of the first steps in enslaving a people. It goes hand-in-hand with one party rule, censorship, and “re-education camps.” If the people put up with this, they deserve to be treated like livestock.”

Don’t think they aren’t coming for your guns.  They are impeding gun rights in every possible manner, putting gun shops and manufacturers out of business with a zealous application of bureaucratic rules.  They are conducting lawfare in every court they can, to bankrupt gun owners and gun businesses into submission.  They are determined and WE are in their crosshairs.

Back to Iowa – And YOU

As few as fifteen years ago, gun laws in the State of Iowa were not necessarily very good.  We certainly did not enjoy the 2A freedoms we have today.  We had “May Issue” (carry permits), instead of “Shall Issue”.  We did not have Constitutional Carry.  We did not have the Freedom Amendment.  In fact, there have been many Second Amendment legislative victories since IFC was formed.  You should count your blessings that you live in Iowa, and not New York.  Or California.  Or Colorado.  Or Oregon.  Or Maryland.  Or Illinois.  Or Washington.  Or New Mexico…  I think you get my point.  The success in Iowa did not happen by accident!

The Iowa Firearms Coalition has been remarkably successful over the past dozen or so years, at introducing favorable legislation to enhance and protect Second Amendment rights for all gun owners in Iowa.  IFC has also been extremely effective at keeping “bad 2A bills” from passing.  Check out this updated page for a history of IFC’s legislative actions.

JOIN IFC!

You should be thankful to have such an effective organization working on your behalf.  However, there is no question that there is strength in numbers – and we need your participation!  It is just a fact that legislators listen more closely to larger groups.  There is more work to be done, as was outlined recently in this IFC blog.  Become a part of the fight.  Second Amendment challenges are everywhere and it takes all gun owners to keep our rights intact.

Membership in IFC is not expensive.  Even if you belong to a national gun rights organization, you should join IFC.  IFC is involved at a state level – and those laws affect you each and every day.  Being a member keeps you up-to-date on legislation being proposed, or passed, as well as Second Amendment developments and firearms industry news.  In addition – an ADDED BONUS to membership is the discounts offered by our Trusted Partners and Affiliates to our members.  Check it out here!

Second Amendment Matters