When Joe Biden ran for president back in 2020, he was upfront about his gun control agenda. There is no small irony in a federal court case now before the Third U.S. Circuit Court of Appeals challenging a ban on so-called “assault weapons” and “large-capacity magazines” in his home state of Delaware.
Attorneys representing several run rights organizations involved in three lawsuits argued before the Third Circuit last month about why the court should strike down the ban. According to WHYY News, the law is being challenged on Second, Fifth and Fourteenth amendment grounds. Last year, U.S. District Court Judge Richard Andrews, a Barack Obama appointee, denied a preliminary injunction in the consolidated cases, stating in his opinion that it was not likely the plaintiffs would prevail. Plaintiffs include the Second Amendment Foundation, Firearms Policy Coalition, Delaware State Sportsmen’s Association, and several individual citizens. Two of the three cases involve SAF and the third involves the sportsmen’s group.
Published reports suggested it could take months for the appeals court to make a ruling; not surprising because it likely will not be popular among Delaware anti-gunners, provided they rule in favor of the plaintiffs. If they do not, this case is undoubtedly headed to the Supreme Court, which is already being asked to rule on gun ban laws in two other states, Maryland and Illinois. A high court decision saying semiautomatic rifles and pistols, and full capacity magazines, would cause a political earthquake because it would nullify other such laws in Washington, California, the District of Columbia and several other states.
Last year, a group of 20 state attorneys general led by Montana AG Austin Knudsen, submitted an amicus brief supporting the lawsuit(s). The coalition included attorneys general from Alabama, Arkansas, Georgia, Idaho, Indiana, Iowa, Kentucky, Louisiana, Mississippi, Missouri, Nebraska, New Hampshire, North Dakota, South Carolina, South Dakota, Utah, Virginia, West Virginia, and Wyoming. Whether their brief will sway any of the liberal appellate judges remains to be seen. In the meantime, the ban remains in effect.
Now, to keep things in perspective, all three lawsuits were filed in federal court back in 2022. The wheels of justice grind ever so slowly, especially when the case involves Second Amendment rights. Apparently, nobody wants to be known for overturning a popular gun control law in a jurisdiction dominated by gun control politicians.
Nothing could further underscore the importance of this case than the fact that arguments favoring the gun ban were made by both Delaware Attorney General Kathy Jennings and New Jersey Attorney General Matthew Platkin, according to WHYY News.
Veterans, Pay Attention
There is a battle brewing on Capitol Hill regarding Second Amendment rights for military veterans. On one side is the “Kennedy Amendment,” which would prevent the VA from sending certain information about veterans who have been deemed “mentally incompetent” to the National Instant Check System, thereby making them “prohibited persons” and unable to purchase a firearm.
Last month, a group of 138 members of Congress calling themselves the Gun Violence Prevention Task Force, led by California Democrat Rep. Mike Thompson, signed a letter to Denis McDonough, secretary of the Department of Veterans Affairs, declaring their concerns over the Kennedy Amendment. Their two-page letter raised concerns that the amendment “rolls back 30 years of common-sense precedent and practice which ensures that veterans who are deemed to be “mentally incompetent” are added to the National Instant Criminal Background Check System (NICS).”
They raise concerns about veteran suicide, asserting, “we should not be making it easier for veterans who are a danger to themselves or others to access firearms.” The group urges McDonough and the department “to make full use of state extreme risk protection order laws to flag concerning behaviors from veterans. The deadly mass shooting in Lewiston, Maine is a reminder of what can happen when red flags are not taken seriously. To that end, we encourage a concerted educational campaign highlighting the extreme risk protection order laws and processes available specific to the state VA facilities are located in.”
Louisiana Sen. John Kennedy is sponsor of S. 1875, known as the Veterans Second Amendment Protection Act of 2023. The bill would “amend title 38, United States Code, to prohibit the Secretary of Veterans Affairs from transmitting certain information to the Department of Justice for use by the national instant criminal background check system.”
There are arguments on both sides of this issue. It could lead to a serious debate about the rights of veterans.
Recently, the European Union announced it was tightening gun tracing rules to — are you sitting down? — “better track the estimated 35 million illegal firearms in civilian hands across the bloc and put a stop to terror and gang violence,” according to a report at Politico.
So, how does the EU expect to track illegal firearms? If they’re illegal, does anyone over in Europe actually expect the criminal element to line up with their guns so all that hardware can be tracked?
The deal reached by negotiators from the European Parliament and Council “will create a central database for gun-makers and dealers.” Of course, the new restrictions will not apply to military or police firearms.
In Europe, gun ownership is strictly regulated. There is no recognized fundamental right to have a firearm. Does this sound familiar: “The new rules aim to close the loopholes for firearms trafficking, while facilitating trade and movement of firearms used for legitimate purposes.” Those darned loopholes; they’re everywhere.
First Amendment Stunner
We’re all about the Second Amendment here, but recently Supreme Court Associate Justice Ketanji Brown Jackson, during a court hearing on a lawsuit brought by Louisiana and Missouri alleging “high-ranking government officials” of working with social media to censor conservative speech on topics sensitive to liberals, according to Fox News.
Justice Samuel Alito expressed concern about government officials treating social media as political subordinates.
“Your view has the First Amendment hamstringing the federal government in significant ways in the most important time periods,” Jackson told the attorney representing the plaintiffs.
Well, yeah. The First Amendment is supposed to “hamstring” the federal government. Same as the Second Amendment is designed to prevent the government from disarming the citizens. A Supreme Court justice should know this.
Mailbag
Dave Workman,
You know how to please. I have really enjoyed your articles. You are right down my alley when talking about fancy grip panels (NOT STOCKS!). Any handgun looks better with custom grip panels than 99% of factory ones. The .41 Mag is a terrific cartridge but right now I am “hung up” on the .44 Special.
I finally found a Ruger Bisley with a 6-inch barrel at a reasonable price on “GunsInternational” today and bought it. Really wanted to find a standard Blackhawk, but those are rare. I got two of them years ago when Ruger first came out with them, at the insistence of Lipsey’s. Now Ruger doesn’t make them.
Keep up the great work.
— Philip Gregory
Dave replies: The .44 Special is a far better round, I think, than some folks recognize. It’s been around for more than a century, and is still full of spunk. I’ll stick with the .41 Magnum, however, just to be different. As for fancy grip panels, I’m a sucker for anything which looks snazzy, and that covers a lot of ground! Thanks so much for reading Insider Online.
Sir, I am an 80-year-old retired cop. Raised up near Lexington Ky., on horse farms and a cop there for 21 years. I doubt many will relate to your quote from Dr. Hunter Thompson. It warmed my heart.
Did you read about his funeral one year after his death? Johnny Depp spent one million on fireworks while Hunter’s ashes were fired out of a black powder cannon!
Two Kentucky boys that made good. Hunter from Louisville and Depp from Paduca.
You are a great writer. Keep it up!
— Kathy Plummer
Dave replies: Kathy you are very generous with your kind remarks. Delighted you enjoyed my reference to Hunter S. Thompson.