ATF IGNORES THE COURTS; NRA CLEANS HOUSE; AND 24% OF VOTERS CARRY GUNS
Well, the ATF ignores the Courts, the NRA cleans house, and 24% of November voters carry guns. This last week has been a mixed bag of 2A News for this week’s 2A Wrap-Up, so here we go!
ATF IS IGNORING THE COURTS ON PISTOL BRACES
AmmoLand reported that the ATF just sent a letter to an individual member of Gun Owners of America that states the ATF can still enforce the ban on pistols equipped with stabilizing devices.
“On December 12, 2024, a member of Gun Owners of America received a response to the question posed to ATF, signed not by any identifiable ATF official, but rather generically ‘FIPB,’ standing for ATF’s Firearms Industry Programs Branch (attached with personal information redacted),” GOA Senior Vice President Erich Pratt wrote to Assistant Director, Office of Enforcement Programs and Services Megan Bennett. “In this December 12, 2024 email, FIPB adopted a legal position about pistol braces that is (i) at odds with the opinions of various courts to have considered the Rule, (ii) likely in violation of various injunctions against ATF’s enforcement of the Rule, and (iii) in conflict with the statute and even the Final Rule itself.”
Remember that this is the agency that has killed people in pre-dawn raids when a simple call to them would have accomplished the goal of searching the home. They also gave its outgoing Director an 80% Lower, as a parting gift. We at IFC will monitor this story and update you as it develops.
NRA BOARD OF DIRECTORS IS CLEANING HOUSE
As reported at The Reload, the NRA BOD has ended its relationship with the erratically effective Brewer Law Firm.
The partnership between the National Rifle Association (NRA) and the architect of its legal strategy for the last half-decade is now ending.
Brewer, Attorneys & Counselors announced late last month it will no longer represent the NRA going forward. The firm and its namesake, William Brewer, have been instrumental in direction-defining decisions the gun-rights group has made since its corruption scandal broke into public sight in 2018. Those decisions resulted in the NRA splitting from its top contractor, filing for bankruptcy, wiping out its top leadership–including Wayne LaPierre, and being found liable by a New York jury for failing to protect whistle-blowers during a years-long civil trial.
“With resolve befitting its mission, the NRA stood and fought,” the firm said in a statement on its website. “Six years later, the NRA still stands – and so do the freedoms for which it has long fought. The Firm is proud it represented the NRA in its blockbuster 9-0 Supreme Court victory, its defeat of the NYAG’s ‘corporate death penalty’ and compliance-monitor claims, its separation from corrupt vendors, and dozens of other matters.”
“The greatest reward of this work arrives now: with major litigation threats defeated, the Firm’s work is nearly done,” it added.
Not everyone inside the group agrees, though. While NRA President Bob Barr, former President Charles Cotton, and other longtime board members have remained staunch Brewer supporters through the firm’s tenure, a growing number of board members have questioned Brewer’s legal strategy–with many effectively voting against the firm’s representation in the group’s last meeting. Jeff Knox, an NRA board member and reform leader, said Brewer’s statement showed the firm “would rather ride off into the sunset than be tossed out into the street,” while Rocky Marshall, another reformer board member, labeled it “comical.”
As the Iowa Official NRA State Association, we work closely with NRA staff on a near-daily basis. As the New York AG attack on the NRA is over, it’s heartening to see that the NRA BOD is cleaning house and more effectively administrating its operations.
24% OF VOTERS LAST NOVEMBER REGULARLY CARRY WEAPONS
Taking rights away from an educated public that is actively exercising those rights daily. Dr. Lott is a real asset to the 2A Community and you can follow him on X here.
IFC’S TRUSTED PARTNER OF THE WEEK: CROSSROADS SHOOTING SPORTS
At Crossroads Shooting Sports; We know that buying a firearm can be intimidating and uncomfortable, especially if it will be your first purchase. Using an online new pistol buying guide can help you sort out the jargon and find out what you need to know before buying, but you’ll still need training and one-to-one support to help you.
When we envisioned CrossRoads Shooting Sports, we had a different model in mind: open, modern, and clean with no attitudes, no pressure, and no gimmicks. Whether it’s your first time holding a firearm,or you’re an experienced shooter looking for that latest piece of gear, you will be met by professionals whose only goal is to serve you with a humble spirit. With nearly 17,000 square feet of total space, classroom facilities, and a state-of-the-art indoor shooting range, CrossRoads Shooting Sports is here to meet your needs, at your level, when you are ready.
Please take advantage of your IFC Member discounts when patronizing this great IFC-supporting business.
2A LOBBY DAY AND THE IFC-PAC DINNER
2A Day on February 18th at the State Capitol is fast approaching. Don’t forget to get your tickets now, for the IFC-PAC BBQ Dinner that evening with Iowa Hero, Major Jeff Streucker of Black Hawk Down Fame.
Demand Full Second Amendment Rights for Iowa’s Young Adults
Fact: Iowa significantly restricts the right to keep and bear pistols and revolvers for (most) adults aged 18 to 20.
Fact: Both the Second Amendment to the U.S. Constitution (Bill of Rights, 1791) and Section 1A of the Iowa Constitution (Freedom Amendment, 2022), guarantee the right shall not be infringed upon (hindered or destroyed) by government.
Question: Are Iowa’s current weapons laws restricting adults aged 18 to 20 unconstitutional?
In the case of New York State Rifle & Pistol Association, Inc. v. Bruen (2022), the Supreme Court of the United States definitively ruled that the Second Amendment protects the right of the people to carry a handgun for self-defense outside the home.
Furthermore, the decision clarified that all inferior courts must use the methodology the Supreme Court employed in Heller v. D.C. (2008) for challenges brought under the Second Amendment. That is,
Step One: Determine if the conduct regulated by the law is covered by the Second Amendment’s plain text. If the conduct is covered, then the challenged regulation is presumed to be unconstitutional and the burden shifts to the government:
Step Two: The government may only justify its regulation by demonstrating that it is consistent with the Nation’s historical tradition of firearm regulation. This means the government must show that the regulation is analogous to historical laws that were common at the time of the Founding or shortly thereafter.
It is obvious that laws restricting the possession or carrying of pistol and revolvers – such as Iowa Code 724.8 and 724.22 – do involve conduct covered by the text (“keep and bear”) of the Second Amendment. It is also apparent that persons aged 18-20 are members of “the people” to whom those rights are guaranteed. Therefore, Iowa’s relevant laws must be presumed to be unconstitutional. The burden is thus on the government to rebut the presumption by showing that the laws are not infringements because they are the same as or appropriately analogous to regulations dating to the founding era. (If a law restricting the right to keep and bears arms was commonplace at the time of the adoption of the Second Amendment, it could not have been considered an infringement by those who drafted and adopted the amendment. There were few, if any, such laws.)
Iowa will be unable to justify the current restrictions, in that there were no comparable laws in the relevant time period of American history. In fact, the Militia Act of 1792 compelled males aged 18-44 to be enrolled in the militia and to bring their privately obtained firearms with them when mustered. Both Iowa and federal law consider persons to be adults upon reaching age 18. Iowans aged 18 to 20 can marry, enter into contracts, enlist in the military, be employed as sworn law enforcement officers, etc. There can be no constitutional or moral justification for denying this group of adults full access to fundamental rights necessary to defend themselves, their families, and their communities.
Yet Iowa is one of only ten states, plus the District of Columbia, that enforce a minimum age for handgun possession that is more strict than federal law, which is 18 years.
It is well past time that Iowa legislators must fully recognize these fundamental rights of young Iowa adults. This is especially true because a quirk in current Iowa law actually allows young adults visiting or moving here from other states to fully exercise their 2A rights, while denying that ability to native Iowans. You see, Iowa law does not actually prohibit persons aged 18 to 10 from possessing handguns. Instead, it makes it a crime for “any person” to “make available” a handgun or handgun ammunition to any person under the age of 21, with certain limited exceptions. So, a young adult who obtained a handgun while living in another state may possess and carry it while visiting or living in Iowa.
IFC will be vigorously pursuing the repeal of these unconstitutional statutes in the current legislative session. Watch for IFC updates and action alerts on this issue and then contact your legislators to urge their support.
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NOTES:
The following 18 states permit individuals under the age of 21 to carry a concealed firearm:
Arkansas, Idaho, Indiana, Kansas, Louisiana, Minnesota1, Mississippi, Missouri2, Montana, Nebraska, New Hampshire, North Dakota, South Dakota, Tennessee3, Texas4, Utah, Vermont, West Virginia
These 18 states allow individuals under the age of 21 to obtain a permit to carry weapons or allow constitutional carry without a permit for this age group. In addition, Oklahoma allows 18-year-olds in the military to carry concealed without a permit.
Notes:
Minnesota (By order of federal district court and the Eight Circuit Court of Appeals, both of which ruled that Minnesota’s law prohibiting permits to adults aged 18-20 is unconstitutional.)
Missouri (Allows 19-year-olds to carry concealed without a permit, with exceptions for 18-year-olds in the military.)
Tennessee (By consent with a court ruling that the law prohibiting issuance of permits to persons 18-20 is unconstitutional.)
Texas (Federal district and the Fifth Circuit Court of Appeals have enjoined Texas from enforcing current Texas laws restricting the right to bear arms of persons aged 18-10.)
It must be noted that in addition to the court cases referred to above, there are several other such age-related cases moving through the federal court system. Significant cases in PA and FL appear to be near resolution. It is likely that the Supreme Court will consider such a case this year or next. It seems almost certain that SCOTUS will fully affirm the 2A rights of young adults.
States with Stricter Minimum Age Requirements for Possession of Handguns than Federal Law
Connecticut, Hawaii, Illinois, Iowa, Maryland, Massachusetts, New Jersey, New Mexico, New York, Washington, and the District of Columbia impose minimum age requirements for the possession of handguns which are stricter than the federal minimum of 18.
The text of Section 1A of the Iowa Constitution reads:
“The right ofthe people to keep and bear arms shall not be infringed. The sovereign state of Iowa affirms and recognizes this right to be a fundamental individual right. Any and all restrictions of this right shall be subject to strict scrutiny.”
The Second Amendment to the United States Constitution states:
“A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”
Net Neutrality and the Second Amendment — what do they have to do with each other, you might ask? A lot it turns out. Think about the continued increases in both the size and scope of the Federal Government during the last 100 years.
NET NEUTRALITY
First, what is Net Neutrality? “Net neutrality” was a term coined by Columbia University law professor Tim Wu in a 2003 paper titled “Network Neutrality, Broadband Discrimination.” I first heard of it from the tech guys when I entered the political candidate realm in 2009-2010. To sum it up, it was and is the concept that Internet Service Providers should not be allowed to throttle content to only those that they wanted, thereby stifling the free exchange of ideas and free speech. But in practice, it was a poorly disguised power grab by the Leftists in the Administrative State.
Not surprisingly, Obama seized the opportunity to use the Federal Communications Commission to silence his opposition. He tried to expand the power of the FCC to regulate ISPs in 2015 by imposing Net Neutrality rules. President Trump’s FCC Commissioner quickly rolled back those regulations. However, Biden’s minions reimposed those restrictive rules in April of 2024. Remember, the FCC only has authority over the airwaves, like radio and television, in the electromagnetic spectrum.
Sixth Circuit Decision
Those Biden rules were quickly challenged in multiple Federal District Courts. The challenges were ultimately consolidated to the Sixth Judicial District. Correctly, Circuit Judge Richard Griffin, writing for a unanimous panel, just slapped them down:
“That brings us to today. The Safeguarding Order once more imposes net-neutrality policies on Broadband Internet Service Providers by reclassifying broadband Internet as a telecommunications service subject to common-carrier regulation under Title II. 89 Fed. Reg. at 45404.3 This order—issued during the Biden administration—undoes the order issued during the first Trump administration, which undid the order issued during the Obama administration, which undid orders issued during the Bush and Clinton administrations. Cf. Loper Bright, 144 S. Ct. at 2288 (Gorsuch, J., concurring) (lamenting that “Chevron deference engender[ed] constant uncertainty and convulsive change even when the statute at issue itself remains unchanged”). Applying Loper Bright means we can end the FCC’s vacillations.”
Google, Facebook, and NetFlix were all in on those rules, looking to further monopolize the marketplace and stifle competition. However, unless appealed to the Supreme Court (or unless Congress acts to impose these bad ideas), it looks like the final nail is in the coffin of expanding the FCC’s power to regulate the internet.
This is an important decision and a major win for the First Amendment. This decision further reins in the Administrative State and protects our fundamental human rights. Think of FaceBook’s anti-gun content policies, or the Blue States attempting to outlaw 3D Printing file-sharing to stop the private production of personal firearms or other accessories.
SOMETHING TO THINK ABOUT IN 2025
As Iowans, we need to ask ourselves if we want to emulate New York City, (or nearly all Blue cities) where people are afraid to protect strangers and cower in fear over doing the right thing. Or will we stay true to our Iowa motto: “Our liberties we prize and our rights we will maintain”?
Iowans proved in 2022 that we have courage when we overwhelmingly passed The Freedom Amendment. Let’s remain a Free State where courage is celebrated, and not prosecuted like in New York.
2A LOBBY DAY AND THE IFC-PAC DINNER
2A Day on February 18th at the State Capitol is fast approaching! Don’t forget to get your tickets for the IFC-PAC BBQ Dinner that evening with Iowa Hero, Major Jeff Streucker of Black Hawk Down Fame.
This week’s IFC Warrior Wednesday features Cody Hinton of Brownells. We talk industry trends, buying power, best practices, and even got a scoop on the new Brownells BRN-180 Gen 3!!!! This week IFC’s trusted partner feature is POM Industries – pepper spray and more! IFC’s trusted partner page on the site will provide discount codes and ordering information.
IFC is active on X and you should be also… FOLLOW US and ENGAGE! Here are a few that dropped the first few days of January in case you missed them. Do yourself, IFC, and the movement a favor by liking and sharing these posts. It truly helps more than you may realize.
“The state has no constitutional or moral authority to regulate the weapons that the people may possess or carry. The law’s proper purpose is to restrain or punish actual bad (criminal) behavior. The Supreme Court has now repeatedly affirmed that Second Amendment rights are fundamental, not second class, rights. A new resolve to strike down government overreach is spreading across the nation and the world. Iowa’s legislators need to take this opportunity and amend or repeal our state’s laws accordingly.” -Richard Rogers – Iowa Firearms Coalition Board Member, Chief Lobbyist, and NRA Distinguished Advocate Award Winner
IFC Legislative Agenda for the Great State of Iowa includes the following and more to come:
Safer Families Act (provisions of HF654 – passed by the House on April 12, 2023)
Intended to eliminate most of the few remaining “No Guns Zones” in Iowa law
Repeals ban on firearms and ammunition in
Vehicles on the grounds of correctional facilities
Vehicles in publicly accessible parking lots operated by state or local government
Vehicles transporting foster children
School vehicles transporting pupils (authorized armed staff only)
Allows for permit holders to have a concealed handgun in their vehicle when dropping off or picking up at a school
Prohibits state universities and community colleges from banning lawfully possessed weapons in vehicles on their grounds
Repeals the ban on firearms in state-licensed gambling facilities
Repeals the statutes on “manner of conveyance” of long guns in vehicles
Provides for firearm safety Instruction in schools
Provides necessary clean-up of some language in Iowa Code 724 in the wake of the 2021 adoption of permitless carry of weapons
Full 2A Rights for Young Adults
IFC will again seek to remove statutory restrictions on handguns affecting young adults aged 18-20.
2A/4A Protection in Private Parking Lots
IFC will again seek to pass legislation prohibiting employers from disciplining or firing employees who lawfully possess weapons or ammunition in their vehicles on employer-provided parking areas.
Gadsden Flag License Plate to Fund 2A Education and Training
IFC will seek to create an Iowa Gadsden Flag license plate, with funds devoted to 2A education and training, with first priority to IFC or similar groups
Require Iowa Government Agencies to Auction Seized Firearms
IFC will seek to require public disposition of seized firearms, rather than have them all go to the state’s crime lab or be destroyed.
Remove Conservation Officers’ Authority for Warrantless Searches
Investigations on private property must honor Fourth Amendment rights by requiring probable cause, permission or a warrant.
Additionally, there are items in the code that need to be removed and the code streamlined. Things like “724.29 Firearm devices. A person who sells or offers for sale a manual or power-driven trigger activating device constructed and designed so that when attached to a firearm increases the rate of fire of the firearm is guilty of an aggravated misdemeanor. 90 Acts, ch 1147, §1” aren’t relevant, weren’t well constructed at the time, and should cease being in code. To quote my dear friend, Richard Rogers:
“The state has no constitutional or moral authority to regulate the weapons that the people may possess or carry. The law’s proper purpose is to restrain or punish actual bad (criminal) behavior. The Supreme Court has now repeatedly affirmed that Second Amendment rights are fundamental, not second class, rights. A new resolve to strike down government overreach is spreading across the nation and the world. Iowa’s legislators need to take this opportunity and amend or repeal our state’s laws accordingly.”
-Richard Rogers – Iowa Firearms Coalition Board Member, Chief Lobbyist, and NRA Distinguished Advocate Award Winner
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As reported at The Reload, the NRA BOD has ended its relationship with the erratically effective Brewer Law Firm. 
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