by Dave Funk | Mar 7, 2025
LEMON AND THE EPA?
What do Lemon and the EPA – the Environmental Protection Agency – have to do with 2A Rights? A lot more than you might expect. Let me explain in this Week’s 2a Wrap-Up.
LEMON
Lemon v. Kurtzman is a legal case you might not know of by name, but you surely know its impact on everyday American life. The question was, “Do statutes that provide state funding for non-public, non-secular schools violate the Establishment Clause of the First Amendment?” For decades after the 1971 Lemon ruling, there has been a schizophrenic wall between anything government and religion-related.
However, the 2022 Kennedy v. Bremerton School ruling asked the question: “Is a public school employee’s prayer during school sports activities protected speech, and if so, can the public school employer prohibit it to avoid violating the Establishment Clause?” The Supreme Court clearly overruled its previous precedent in Lemon.
From an American Thinker article written by Nate Kellum and Andera Justus, I quote:
“The Court’s decision in Kennedy, written by Justice Neil Gorsuch, explicitly rejected the Lemon test, stating “But — given the apparent “shortcomings” associated with Lemon’s “ambitiou[s],” abstract, and ahistorical approach to the Establishment Clause — this Court long ago abandoned Lemon and its endorsement test offshoot. In place of Lemon and the endorsement test, this Court has instructed that the Establishment Clause must be interpreted by “‘reference to historical practices and understandings,” solidifying the shift away from its flawed framework in favor of a historical understanding of the Establishment Clause.”
The highlights here are mine, and my explanation of why, in just a moment. Read on!
THE EPA
The US Supreme Court just slapped down the EPA again. This time of all plaintiffs, it’s the City of San Francisco, arguing that the EPA’s 10 Billion dollar fine on the city was based on moving targets on treated sewer water discharge standards under the Clean Water Act that are so vague no one can meet them. The City’s attorneys argued:
“We simply want to understand our prohibition limits so we can comply with them,” Tara M. Steeley, the San Francisco deputy city attorney, told the justices.”
It turned out that SCOTUS does not allow moving targets or “end result” regulations. Justice Alito writing for the majority, stated:
“Determining what steps a permittee must take to ensure that water quality standards are met is the EPA’s responsibility, and Congress has given it the tools needed to make that determination. If the EPA does what the CWA demands, water quality will not suffer.”
This is the third major decision against the out-of-control EPA by the current SCOTUS.
THE TREND –
Establishment Clause must be interpreted by “‘reference to historical practices and understandings”
The trend is that our current court is reining in the Federal Bureaucracy and out-of-control States. The destruction of the artificial wall constructed in Lemon means instead States must follow the Establishment Clause as it was understood at the time of the Founding when related to the 1st Amendment. The government must follow the 2nd Amendment regarding “arms” regulations as understood at the time of the Founding (ATF, I’m looking at you). Now the EPA must follow the laws as laid down by Congress and not vague, capricious, and illegal “reinterpretations” of the federal law by unelected bureaucracies.
These are huge wins for freedom.
IOWA LEGISLATIVE NEWS
As we approach Funnel Week, there is a lot of activity happening in Des Moines regarding your 2A Rights. I’ll refer you to the IFC-PAC Bill Tracker. Also, watch our social media for the latest updates and Action Alerts. The Action Center will have the latest Action Alerts when it’s time to reach out to your respective Representatives.
IFC TRUSTED PARTNER OF THE WEEK : MOUNTAIN MAN MEDICAL
Listen to IFC Board Chairman talk about ‘why Mountain Man Medical’ and tell you about these Professional trauma kits assembled to the specifications of the Iowa Firearms Coalition.
I have several MMM IFC kits and carry one in each of my vehicles and in my Bug Out Bags. We suggest you consider doing the same.
Please stay Ready at All Times, and help us defend all of Iowa’s rights by renewing or joining IFC today.
Shoot Straight, Speak The Truth, and Never Surrender Our Liberties.
Dave Funk
Member, Board of Directors
Iowa Firearms Coalition
#2A4IA
by Richard Rogers | Aug 28, 2024
Are Knives “Arms”?
Are knives “Arms” under the Second Amendment? The Massachusetts Supreme Court just ruled that they are which is no surprise since the U.S. Supreme Court ruled in Heller (2008) that the Second Amendment applies to all bearable arms. In the case of Commonwealth v. David E. Canjura the court held that the state’s law prohibiting carrying of “switchblade” knives is an unconstitutional violation of the right to keep and bear arms, which is protected by the Second Amendment.
The Commonwealth of Massachusetts had argued that “knives categorically are not protected by the Second Amendment because the definition of arms is limited to firearms.” The court refuted that nonsense, stating that “… the Second Amendment extends to all bearable arms and is not limited to firearms”, referring back to Heller.
Interestingly, the Massachusetts Court pointed out that the law (and similar laws elsewhere) was passed in response to “sensationalized portrayals (in plays, films, etc.) of switchblades as weapons solely intended for criminality.” The court noted that the government did not provide evidence that “switchblades are…more likely to be used for criminal purposes”. But even had it done so, the Bruen decision (2022) by SCOTUS “expressly” prohibits weighing the right to keep and bear arms against any perceived public benefit of a law infringing upon that right. This is an exactly correct application of the Heller/Bruen methodology for deciding Second Amendment cases. I believe the outcome of this case strongly foreshadows forthcoming rulings on similar bans or restrictions on so-called “assault weapons”.
On The Other Hand…California
In contrast to the Massachusetts decision, a federal district court judge ruled last week that California’s ban on possession of switchblade knives is constitutional. In that case, the judge declared that those knives are not protected under the Second Amendment as they are “dangerous and unusual”. The ruling is quite obviously flawed in several respects. An article in the San Diego Tribune, makes clear that the fight is not over:
Doug Ritter, the CEO and founder of Knife Rights, an Arizona-based organization that’s the lead plaintiff in the case, called Simmons’ ruling “ludicrous and irrational” and promised to appeal the decision to the 9th U.S. Circuit Court of Appeals.
RKBA is a natural and fundamental right that is protected from government infringement by the Second Amendment to the Constitution of the United States. Sixteen years after the full-throated recognition of those facts by the Supreme Court in Heller, the state of American jurisprudence is finally coming around to acceptance of that reality.
#2A4IA
by Dave Funk | Nov 14, 2023
SHUTTING DOWN THE ATF – AT LEAST IN THE FIFTH CIRCUIT
Well it looks like shutting down the ATF is happening, at least in the Fifth Circuit. Over the last several months we have seen the Judges in the Fifth Circuit taking the ATF to the woodshed. Over at Bearing Arms, author Cam Edwards is calling it the Fifth Circuit v. ATF these days. The judges in the Fifth Circuit are calling out the ATF’s recent proposed rule that “…flouts clear statutory text and exceeds the legislatively-imposed limits on agency authority in the name of public policy” in their unanimous agreement on the Frame & Receiver rule. Add to that the the Fifth Circuit’s imposition of a nationwide injunction against the Stabilizing Brace rule, and the shutting down of the Bump Stock rule, clearly the Fifth Circuit has gone to war against the overreaching ATF. The Bearing Arms article cited above by Cam Edwards includes the following observation:
“How do we know when an agency has exceeded its statutory authority? Simple: the plain language of the statute tells us so. Therefore, “[w]e start, as we always do, with the text.” … Here, we read the words of the GCA “in their context and with a view to their place in the overall statutory scheme.” Only where the statutory text shows that ATF has “clear congressional authorization” to enact a regulation can such a regulation withstand judicial scrutiny. As explained below, we hold that ATF lacked congressional authorization to promulgate the two challenged portions of the Final Rule.
The GCA includes as a “firearm” the “frame or receiver” of a weapon. 18 U.S.C. § 921(a)(3)(C). The GCA itself does not define the term “frame or receiver.” The Final Rule, however, newly defines the term “frame or receiver” to include “a partially complete, disassembled, or nonfunctional frame or receiver, including a frame or receiver parts kit, that is designed to or may readily be completed, assembled, restored, or otherwise converted to function as a frame or receiver.”
Because Congress did not define “frame or receiver” in the GCA, the ordinary meaning of the words control. Both a “frame” and a “receiver” had set, well-known definitions at the time of the enactment of the GCA in 1968. In 1971, Webster’s Dictionary defined a “frame” as “the basic unit of a handgun which serves as a mounting for the barrel and operating parts of the arm” and a “receiver” as “the metal frame in which the action of a firearm is fitted and which the breech end of the barrel is attached.” ration of the definition before the Final Rule’s proposed change—defined “frame or receiver” as “[t]hat part of a firearm which provides housing for the hammer, bolt or breechblock, and firing mechanism, and which is usually threaded at its forward position to receive the barrel.” As is apparent from a comparison of the dictionary definitions and the regulatory definition, ATF’s previous understanding of “frame or receiver” closely tracked the public’s common understanding of such terms at the time of enactment.”
Clarity vs. Ambiguity
One of the long-standing bulwarks of freedom is clear, concise, and easily understood laws; the dangerous quack anti-gunners among us don’t want that. They want ambiguous laws that are open to reinterpretation at their whim so they can prosecute their political opponents anytime they want. Think of the times you have heard them describing our Constitution as a “living document” as opposed to “set in stone”.
Despite the Biden Administration’s attempts to stop everyday Americans from having the means to defend themselves, please be Ready at All Times. The future of freedom in the world depends on every one of us.
I look forward to meeting each and every one of you at IFC 2A Day the morning of January 18, 2024, and hopefully you can join us for the IFC PAC Dinner that Evening.
Help us educate Iowan’s on the facts by joining or renewing your IFC membership here today.
Shoot Straight, Speak The Truth, and Never Surrender Our Liberties.
Dave Funk
President, IFC
by Dillon Daughenbaugh | Jul 4, 2023
I consider myself quite the history buff. I find most fascinating how our country came to be. Did you know the United States is considered a social experiment? You have likely heard that we’re a government of, by and for the people. A government based on self-rule and certain rights not given by man but by a higher power. That we have certain inalienable rights, even prior to them being enshrined in the Bill of Rights. Well, it’s all true, and you are fortunate to be living in the greatest social experiment in the world.
History is a neat thing, and if you delve deep enough, you’ll learn that it often repeats itself. We had a Civil War, prior to our nation even existing for 100 years. It’s certainly possible for it to happen again, and the crazy thing is people talk about wanting it to happen. I can talk at length about how I don’t want that to happen, but I’d like to make a point about how we can prevent it. Through education.
You can tell someone that we are living in the greatest country in the world, or you can show them. There are many examples in everyday life that people take for granted. I have, and still do take things for granted like air conditioning, I’m spoiled by it. One thing I do not take for granted is the freedom that has been bestowed upon me by my creator and secured through harsh battles by those before me.
I firmly believe, the more people learn of our history, the less likely we are to repeat it. Educating ourselves and our youth will secure our freedom for generations to come. Pick up a book and do some reading. I didn’t pick up casual reading until roughly Junior High, the Iliad and the Odyssey got me hooked. They’re excellent fictional books that do a great job of helping a reader visualize the story. Now that I enjoy reading, I prefer to pick up books on our founding documents, founding fathers, and historical events. Two books I have read in the past but just recently acquired are the Federalist Papers, and the Anti-Federalist Papers. These are in short, the arguments for and against the Constitution, truthfully these should be required reading in school. *list some of your favorite books in the comments*
Our National Anthem provides a great visual to the beauty found in the chaos of war. Read or listen to the full version, immerse yourself in that visual. It also helps if you’ve got fireworks blasting in the distance, as I currently do. Which brings me to my next point, does the symbolism of fireworks and Independence Day get lost on people?
The fireworks are a celebration of rebellion; of victory; of war; of freedom, yet for liability or nuisance reasons they’re typically “illegal” unless during the week of Independence Day, often called the 4th of July. Now I’m not typically a stickler when it comes to the suppressor/silencer debate, but I do prefer to call this glorious birthday Independence Day over the 4th of July. I think in this case the term is important, what are we independent from? Tea and crumpets, gun control, oppressive dictators, tyrannical governments. The symbolism behind this day can’t get lost on people, we are Americans, and our identity is that of the gold standard of living freely.
Happy Independence Day America.
Dillon Daughenbaugh – IFC Communications Director and Board Secretary
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by Dillon Daughenbaugh | Jun 6, 2023
Weak men create hard times, you’ve heard the rest. It comes full circle and strong men are created through hard times. The greatest generation were men and women whose strength was forged through unimagined adversity, earning the title. Growing up during WWI, clawing through the Great Depression and battling through WWII. An entire nation supporting the war effort, imagine that. We can’t fathom the mental fortitude it takes to make it through, but we can appreciate it and that’s what remembering D-Day means.
Time and time again the United States has offered her bravest and brightest warriors to fend off the world’s enemies. I had the distinct honor of serving with the 101st Airborne. Immediately upon reception we had the history of the unit instilled in us. The story of “Old Abe,” an eagle whose image would become the most recognizable and decorated unit insignia. Also, the lesser-known quote from Major General William C. Lee stated prior to the invasion that the 101st Division had no history, but a Rendezvous with Destiny, which would later become the division’s motto.
There are stories of heroism, one of my personal favorites is that of Paratrooper Vincent Speranza’s story of his famous Bastogne beer run which has made its way into a movie. You may have seen him singing the paratrooper song “Blood on the Risers.”
There was an emphasis placed on remembering one’s history, for good reason.
“Those that fail to learn from history are doomed to repeat it.” Without using the internet, tell me in the comments who is attributed with that quote.
I would be remiss to say history won’t repeat itself as it often does.
As a country who has been at peace a fraction (roughly 7%) of the time it’s existed, America has sought out and fought Socialism, Communism, Terrorism to the end of the Earth. For now, here we are with members of Congress openly claiming their Socialist ties. I feel we are destined for some hard times as the cycle continues.
To honor those who on D Day were willing to die or did lose their life, we must remember and honor them so that their sacrifice is not lost on us. We must raise America’s sons and daughters by instilling in them what it means to be an American. With us being at war for roughly 93% of our existence, it’s our culture to be the world police, to protect the innocent the world over. To end genocide, to be the beacon of hope for anyone who seeks it. To vehemently protect what it means to be free.
I leave you with this, Americanism – A collective political identity based on the principles outlined in the Constitution of the United States by the Founding Fathers. Such ideologies include republicanism, freedom, liberty, individualism, constitutionalism, human rights, and the rule of law.
Consider joining Iowa Firearms Coalition today.
Airborne!
Dillon Daughenbaugh
by Dillon Daughenbaugh | May 29, 2023
On this day, let us not forget those who made the ultimate sacrifice so that we may enjoy all the freedoms we hold dear today.
As we look back on over 20 years of war in both Iraq and Afghanistan, there are and will continue to be more stories that are told and brought to light than we can ever imagine. Let us not forget those sacrifices by the ones who didn’t make it home with their life. Honor them the best way you can.
In truth, that’s what this day is about. To remember, and to talk about those who gave their last full measure, for us. It’s often used as a day of reflection for all who passed on, which is acceptable.
There is a quote attributed to Plato, “Only the dead have seen the end of war.” I wholeheartedly agree with it. One of the worst parts of war is that for those of us who have seen it and made it through, it still lives within us. We fight these burdens, often alone. For some this holiday is a day where the wound of grief is reopened, and sometimes that may be necessary to heal.
While I don’t like to write about the negative side of an otherwise joyful “holiday weekend,” I feel it necessary as it is a somber day many spend reflecting on the lives of their loved ones.
We can take experiences, stories, and lessons from our now deceased loved ones and sulk or we can stay positive and live a life worthy of their sacrifice.
If there is one piece of advice I can offer, it’s to tell their stories while sharing some laughs and tears.
Live a life worth dying for. God bless all the men and women who made the ultimate sacrifice, thank you for those who continue to toe the line for freedom.
In Liberty
Dillon Daughenbaugh
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