CA Bullet-Microstamping Law Upheld By 9th Circuit, Even Though Technology Doesn’t Exist

A California “microstamping” law that requires new semi-automatic handguns automatically imprint bullet casings with identifying information has been upheld by the 9th circuit court of appeals in a 2:1 split decision – despite the fact that the technology doesn’t exist, reports ABC News.The microstamping law – the first of its kind in the nation signed in 2007 by then-governor Arnold Schwarzenegger, took effect in 2013. It requires that brand new handguns sold in California imprint the gun’s make, model and serial number in “two or more places” on each bullet casing from a spent round. The result of the new law was Smith & Wesson, Ruger and other manufacturers opting to pull out of California.Gun rights advocates have slammed the law, as the technology doesn’t exist to stamp bullet casings in two places as the law is written, and even if it did, criminals could replace or file down the firing pin and any other mechanism to “microstamp.” The law became effective as soon as the California Department of Justice certified that the technology used to create the imprint was available. When this certification occurred in 2013, the State clarified that the certification confirmed only “the lack of any patent restrictions on the imprinting technology, not the availability of the technology itself.” In layman’s terms, the state was saying that nothing was stopping someone from developing the technology, so it was “available,” even though it wasn’t. -NRA-ILAAs a result, compliance with the law’s “dual placement microstamping” requirement was both practically and legally “impossible,” according to court documents from a lawsuit brought by the National Shooting Sports Foundation (NSSF) and the Sporting Arms and Ammunition Manufacturers Institute (SAAMI). In support of their claim, writes the NRA Institute for Legislative Action, the plaintiffs cited an existing provision of California law, Civil Code section 3531, which states “[t]he law never requires impossibilities.” California gun rights advocates say the law effectively bans the sale of new semi-automatic handguns in the state. And what did the 9th circuit say to that? Too bad – as residents can still buy used handguns that don’t carry the yet-to-be invented microstamping technology, as well as any guns on a pre-approved roster – thus, the inability to buy a new semiautomatic handgun that’s not on the roster doesn’t infringe on the 2nd Amendment right to self-defense. Writing for the majority, Judge M. Margaret McKeown said the inability to buy particular guns did not infringe the 2nd Amendment right to self-defense in the home. “Indeed, all of the plaintiffs admit that they are able to buy an operable handgun suitable for self-defense — just not the exact gun they want,” she said. McKeown, joined by Judge J. Clifford Wallace, also rejected the argument that the stamping technology was impossible to implement. -ABC News SAN FRANCISCO (AP) — In ruling on bullet-stamping law, California Supreme Court says state laws cannot be invalidated on the grounds that complying with them is impossible. — Juliet Williams (@JWilliamsAP) June 28, 2018Calguns foundation executive director Brandon Combs said that the 9th circuit used a less rigorous judicial standard in order to arrive at its “policy preferences.” “Really what the 9th Circuit is saying and has said in other cases basically is as long as a person that is law abiding has access to one handgun inside of their home, then that’s it,” he said. “That’s the extent of their right. We think that’s quite wrong.”Dissenting from the majority was Judge Jay Bybee, who cited conflicting evidence over whether the microstamping technology was even technologically feasible – and that if the state adopted an impossible requirement that no gun manufacturer can satisfy, it would not help the state solve handgun crimes and would illegally restrict gun purchases. As Breitbart’s resident Second Amendment columnist AWR Hawkins detailed in 2015, Maryland canceled a similar “ballistic fingerprinting” program after 15 years and $5 million dumped into the program resulted in no crimes solved. The law did not call for “microstamping” like California’s – rather it relied on unique metallurgical “fingerprints” left behind by a gun’s firing pin. Each new gun sold in the state would need to be fired one time, and the resulting bullet casing sent to the state’s police headquarters. Unfortunately, while the forensic technology to match a bullet casing with a gun exists – the computerized system designed to sort and matched images of casings never worked – so the state canceled the program. Of course, just wait until DNA identification is implemented:

Source: CA Bullet-Microstamping Law Upheld By 9th Circuit, Even Though Technology Doesn’t Exist

Cops Attempt Gun Confiscation Without Warrant; This New Jersey Man Said “No” | Zero Hedge

Police in New Jersey have officially crossed the [thin blue] line and literally attempted to confiscate guns from an army veteran without a warrant. But it didn’t go as planned, because Leonard Cottrell Jr. refused to comply with the orders of the cops.

Eventually, all gun confiscation will be carried out by the police; who of “don’t make the laws, they just enforce them,” and Cottrell found this out the hard way. After serving two tours in Operation Iraqi Freedom overseas, Cottrell found himself at end of the state’s tyrannical oppression and gun elimination scheme.

According to The Daily Wire, two police officers were given orders to go to Cottrell’s home to confiscate his guns. The order followers complied, and “because [Cottrell’s] 13-year-old son had made a comment at school about the Millstone Middle School’s security, and the officers wanted to confiscate Cottrell’s firearms as part of an investigation,” NJ.com reported. But Cottrell disobeyed and defied the orders of the police.

Cottrell legally owns a shotgun and a handgun (not quite a cache of weapons by any stretch of the imagination) but based solely on comments made by his 13-year-old son, police demanded all his guns. According to the report by The Daily Wire, Cottrell says that his wife let the officers into their home and let them search their sons’ room where they did not find any weapons. But the search didn’t end there. The officers then made attempts to try to take his firearms, which “he has all the correct permits to own.”

“No one from the state was going to take my firearms without due process,” Cottrell said,according to NJ.com. According to New Jersey law, signed into lawCottrell’s disobedience is “illegal.” Democrat Governor Phil Murphy a bill that makes it incredibly easy for law enforcement to confiscate firearms without due process and for seemingly any reason the state deems.

Cottrell said that his son is also very upset by the situation. The teenager did not do anything wrong and the entire situation is being misconstrued and blown up. “He didn’t do anything wrong, and he doesn’t understand why it happened — he was just having a conversation with nothing as far as threats,” Cottrell said. “It shouldn’t have blown up the way it did. But he understands it happened, there are consequences and there’s fallout from his actions.”

https://www.zerohedge.com/news/2018-07-16/cops-attempt-gun-confiscation-without-warrant-new-jersey-man-said-no

Bank of America Stops Lending to Several Gun Manufacturers, Strengthening Case for Crypto – Dash Force News

Bank of America will cease providing lending services to companies manufacturing certain types of firearms.

As reported by Bloomberg, Bank of America, the second-largest bank in the US, will no longer lend to firearms manufacturers involved in selling semi-automatic rifles deemed “military-style” to the civilian populace. This comes after a wave of pressure on banks and payment providers to restrict their services provided to firearms manufacturers in the wake of recent highly-publicized shootings. Increasing financial pressure could cause manufacturers to cease production of controversial items or risk harm to their business.

Centralized payment systems have a long history of shutting out controversial projects

Payment companies and the banking industry, with centralized control over services, have long posed problems for businesses and causes that have attracted controversy over the years. PayPal froze the accounts of supporters of the Bundy Ranch, an agricultural community in the US which was engaged in a dispute with the federal government resulting in an armed standoff. Wikileaks famously also had all its payment providers shut down due to is exposure of government corruption, prompting them to seek cryptocurrency as a way to get around the ban.

Dash is making strong inroads in censored industries like marijuana and alternative media

As the top cryptocurrency for payments, Dash is focused on offering better and censorship-resistant money, which leads to applications in traditionally under-served industries. Independent journalist Ben Swann came back after a year of censorship thanks to an exclusive sponsorship with Dash. Dash point-of-sale and business solution Alt Thirty Six aims to service the legal cannabis industry, which at present is cash-only due to banking restrictions. Finally, Dash is taking off in Venezuela, which has experienced currency issues and regulatory barriers, with over a hundred businesses accepting it for payments as of time of writing.

The firearms industry would be wise to explore Dash for payments seeing present trends of hostility from banks.

 

 

Bank of America Stops Lending to Several Gun Manufacturers, Strengthening Case for Crypto

H.R.5103 – 115th Congress (2017-2018): Gun Violence Prevention and Safe Communities Act of 2018

SEC. 2. Increase in excise taxes relating to firearms.

(a) In general.—Section 4181 of the Internal Revenue Code of 1986 is amended to read as follows:

“SEC. 4181. Imposition of tax.

“There is hereby imposed upon the sale by the manufacturer, producer, or importer of the following articles a tax equivalent to the specified percent of the price for which so sold:

“(1) Articles taxable at 20 percent:

“(A) Pistols.

“(B) Revolvers.

“(C) Firearms (other than pistols and revolvers).

“(D) Any lower frame or receiver for a firearm, whether for a semiautomatic pistol, rifle, or shotgun that is designed to accommodate interchangeable upper receivers.

“(2) Articles taxable at 50 percent: Shells and cartridges.”.

Text for H.R.5103 – 115th Congress (2017-2018): Gun Violence Prevention and Safe Communities Act of 2018

Source: Text – H.R.5103 – 115th Congress (2017-2018): Gun Violence Prevention and Safe Communities Act of 2018 | Congress.gov | Library of Congress

First US Real Estate Transaction In Blockchain Completed: What’s Next? | Zero Hedge

Stories have been circulating about Vermont testing blockchain for recording real estate transactions.

A contact at Propy informs me that the city of South Burlington, Vermont, just became a global blockchain leader by locking in the first US real estate deed completely on blockchain.

In October of 2017, Business Insider reported Propy Announces World’s First Real Estate Purchase on Ethereum Blockchain.

Natalia Karayaneva, CEO of Propy said, “This is only the beginning. With this transaction, we’ve broken first ground in putting the $217 trillion real estate market on the blockchain. We’re starting with Ukraine, but over the coming year we plan to facilitate real estate transactions with the use of PRO tokens in California, Vermont, and Dubai.”

Business Insider posted this disclaimer “Propy is the source of this content.”

I make the same disclaimer.

My contact says “This first deal makes it much easier for the rest of the 49 states to iterate the process. In fact, Arizona and Colorado are next.”

I have some questions and will post an addendum when I have answers.

Implications

First, this is not unexpected. I have many times commented that blockchain is perfect for real estate transactions. Real estate is low-volume, high-value. Buying candy bars on blockchain is not practical. Blockchain does not scale.

Second. This does not change my attitude towards cryptos. At some point everything will be crypto, but it will be government-sponsored and it will not be Bitcoin nor Ethereum.

Finally, and most importantly, entire chains of business will vanish.

Think of the business of title insurance. Poof!

Source: First US Real Estate Transaction In Blockchain Completed: What’s Next? | Zero Hedge

Clearance of an ICON!!! The Extreme Duty TriDelta Muzzle Brake

Clearance of an ICON!!!

The Extreme Duty TriDelta Muzzle Brake

 

One of the most counterfeited designs in the muzzle brake market!! We began selling this design in 2012 and since then the Chinese have had a lot of fun copying this effective design. But now we must move on and design the next Extreme Duty TriDelta that will surely be copied by the shameless bottom-feeding manufacturers and importers. This is your chance to get the ORIGINAL EDT brake at the rock bottom price. Choose the real deal, choose the ORIGINAL Extreme Duty TriDelta Muzzle Brake!!

With Trump’s backing, NRA maps campaign for ‘silencers’

The National Rifle Association is shifting into high gear to shoot down federal and state barriers to buying gun suppressors, believing that the inauguration of President Trump will help to clear the way to easy and low-cost purchases of silencers.

“It’s going to be a new day, it’s a new opportunity to hit the reset button,” said Chris Cox, NRA’s chief lobbyist and the executive director of the NRA Institute for Legislative Action. “This is a fight we can win,” he added during last week’s annual SHOT Show in Las Vegas.

The Hearing Protection Act of 2017 is the vehicle for ending the federal $200 tax and waiting period for purchasing silencers, and it has won the full support of the NRA.

Critics have mocked the name as simplistic, but Trump’s son, Donald Jr., recently said the issue is all about hearing health. “It’s about safety, it’s about hearing protection, it’s a health issue,” he said. “There’s nothing bad about it at all.”

He added that the Occupational Safety and Health Administration would shut down gun ranges because of noise if the Labor Department agency had its way.

While countries in Europe approve the use of suppressors at ranges and while hunting, the gun accessory has been demonized in America, especially in movies where they are often shown as the tools of assassins.

To help lawmakers pushing the Hearing Protection Act, Cox and others at the NRA have stepped up their campaign against that image while making the case that it’s an extension of gun safety.

“Criminals don’t use them other than in movies,” Cox said. He said Hollywood and the media are “intentionally trying to mislead the American people, scare ’em.”

The NRA’s Internet star, lawyer and gun rights activist Colion Noir, is also fighting the issue on his NRATV show.

 “They should come with every gun like those cheap gun locks,” he said. “Would you buy a car without a muffler?”

“I ought to be able to protect my life without going deaf in the process,” he said. “Complacency and apathy will always be the catalyst to the degradation our rights,” he said. “You know who decides what normal is? The people with the loudest voice. So if you want to protect your freedom, take the suppressor off your mouth and put it on your gun.”

Source: With Trump’s backing, NRA maps campaign for ‘silencers’

NRA-ILA | NRA Applauds the Introduction of the Hearing Protection Act, H.R. 367

FAIRFAX, Va. – The National Rifle Association Institute for Legislative Action (NRA-ILA) applauded Congressmen Jeff Duncan (SC) and John Carter (TX-31) on Monday for introducing the Hearing Protection Act, an important bill that gives gun owners and sportsmen the opportunity to better protect their ears and hearing.

“Many gun owners and sportsmen suffer severe hearing loss after years of shooting, and yet the tool necessary to reduce such loss is onerously regulated and taxed. It doesn’t make any sense,” said Chris W. Cox, executive director, NRA-ILA. “The Duncan-Carter Hearing Protection Act would allow people easier access to suppressors, which would help them to better protect their hearing.”

The Hearing Protection Act, H.R. 367, would remove suppressors from regulation under the National Firearms Act, replacing the federal transfer process with a National Instant Criminal Background Check. The bill would reduce the cost of purchasing a suppressor by removing the $200 transfer tax.

Suppressors are often mischaracterized in Hollywood. They do not “silence” the sound of a firearm. Instead, they act as mufflers and can reduce the noise of a gunshot to hearing safe levels. Not only do suppressors reduce hearing damage for the shooter, they reduce the noise of ranges located near residential areas.

H.R. 367 would make it easier for gun owners and sportsmen to purchase suppressors in the 42 states where they are currently legal. Purchasers would have to pass a background check to buy them, and prohibited people would be denied.

NRA is proud to have partnered with ASA on this important legislation.

“Gun owners and sportsmen should be able to practice their sport with the tools necessary to do so safely. This bill makes it easier for them to do that,” concluded Cox.

Source: NRA-ILA | NRA Applauds the Introduction of the Hearing Protection Act, H.R. 367

Election drives gun-buying surge, Beretta election sale on magazines

Americans are suspending major purchases of houses and cars until after the presidential election, choosing instead to lard up on guns instead, according to a new survey provided to Secrets.

“The top item Americans say they are likely to buy because of the election is a gun,” according to a survey for the supply chain firm Elementum. What’s more 97 percent of Americans are holding off major purchases “due to the presidential election.”

On top of the list of items all age groups are considering is firearms, said the survey. Some 16 percent “plans to buy a firearm as a result of the upcoming election. Among Americans living in the South, the figure is nearly 1 in 5 (19 percent) and among Gen Xers (35-44 year olds) the number is nearly 1 in 4 (23 percent) especially among women (24 percent),” said Elementum.

Their survey was done by Harris Polls.

Beretta on Tuesday unveiled a pre-election sale, offering 20 percent on magazines. Clinton has sided with those pushing for limits on cartridge magazines. And the sports chain Gander Mountian is running a pre-Election Day sale on semi-automatic weapons including AR-15 rifles.

Other findings:

— 15 percent of Gen X men and 16 percent of Millennial men will secure a passport because of the election.

— 13 percent of Gen X men and 10 percent of Millennial men will stock up on precious metals.

Source: Election drives gun-buying surge, Beretta election sale on magazines

Gun-Show Customers’ License Plates Come Under Scrutiny

Federal agents have persuaded police officers to scan license plates to gather information about gun-show customers, government emails show, raising questions about how officials monitor constitutionally protected activity.

Emails reviewed by The Wall Street Journal show agents with the Immigration and Customs Enforcement agency crafted a plan in 2010 to use license-plate readers—devices that record the plate numbers of all passing cars—at gun shows in Southern California, including one in Del Mar, not far from the Mexican border.

Agents then compared that information to cars that crossed the border, hoping to find gun smugglers, according to the documents and interviews with law-enforcement officials with knowledge of the operation.

The investigative tactic concerns privacy and guns-rights advocates, who call it an invasion of privacy. The law-enforcement officials say it is an important and legal tool for pursuing dangerous, hard-to-track illegal activity.

There is no indication the gun-show surveillance led to any arrests or investigative leads, but the officials didn’t rule out that such surveillance may have happened elsewhere. The agency has no written policy on its use of license-plate readers and could engage in similar surveillance in the future, they said.

Last year, the Journal reported that the Drug Enforcement Administration had considered conducting such surveillance at gun shows, but scrapped the plans for unclear reasons. Emails and interviews with law-enforcement officials show ICE went ahead with the strategy in 2010, relying on local police to do so.

Jay Stanley, a lawyer at the American Civil Liberties Union, said the gun-show surveillance “highlights the problem with mass collection of data.” He said law enforcement can take two entirely legal activities, like buying guns and crossing the border, “and because those two activities in concert fit somebody’s idea of a crime, a person becomes inherently suspicious.”

Erich Pratt, executive director of Gun Owners of America, said his group also opposes such surveillance. “Information on law-abiding gun owners ends up getting recorded, stored, and registered, which is a violation of the 1986 Firearm Owners Protection Act and of the Second Amendment,” Mr. Pratt said.

A spokeswoman for ICE acknowledged its Homeland Security Investigations agents in San Diego office conducted an operation at the Del Mar gun show. “In conducting these operations, HSI San Diego and its partners make every effort to utilize all investigative methods for planning purposes,” she said. “As for specific methods, HSI San Diego does not comment.”

John Chigos, CEO of PlateSmart Technologies, Inc., which sells license-plate-reader systems, said the devices help protect the public but he called it “an abuse of the technology’’ to target gun-show shoppers.

He added, “I think this was a situation that shows we need to establish policies for license-plate readers, like any new technology.”

License-plate readers are increasingly used by law-enforcement agencies as a way to search for fugitives, missing children, and, recently, the man who allegedly set off a bomb in New York City.

But their use at gun shows occupies a murky legal ground. While technology and data collection have greatly expanded the ability of government and companies to monitor citizens’ activity, U.S. courts, lawmakers, and senior officials have been slow to make clear what types of mass surveillance cross the line into violations of constitutional rights.

It has long been legal for police officers to record license plates they observe in the course of ordinary life. License-plate-reader technology, however, allows those observations to become mass-data collection. A single camera can record thousands of vehicle plates an hour, capturing the data at high speeds, in thick traffic and in other situations that the human eye cannot.

Boosters of the technology say it is a way to find a criminal in a sea of otherwise indistinguishable cars. Critics say that to find that criminal the government is tracking the movements of millions of innocent people—adding up to detailed surveillance of their daily lives and creating data that can be misused.

Critics such as Mr. Pratt say using the technology for gun shows is illegal in any case because of the firearm owners act, which bans the government from creating records of gun buyers except temporarily for background checks.

The Journal obtained, through a request under the Freedom of Information Act, internal ICE emails showing agents in 2010 targeted a gun show called Crossroads of the West in Del Mar, Calif.

More than half of the pages provided by the agency were completely redacted, or blacked out; others have large sections redacted, apparently to keep secret how the surveillance was undertaken.

In an email titled “Request for Assistance,” an ICE investigator wrote, “We would like to see if you can support an outbound guns/ammo operation on (redacted) at the Crossroads (Del Mar) Gun Show. We would like to deploy license plate readers.” The email, whose sender and recipient are redacted, includes a large section of operational details that are also redacted.

The law-enforcement officials with knowledge of the operation confirmed ICE got local police officers to drive around the parking lot at the gun show and use their license-plate readers to collect all of the cars’ information. A spokeswoman for the San Diego County Sheriff’s Office declined to comment on whether the department took part in the activity.

Bob Templeton, the CEO of Crossroads of the West, which puts on the gun show, said he knew local police had been at the show, but was surprised to learn that federal agents had been gathering data about customers. The show at the Del Mar Fairgrounds typically draws 6,000 to 9,000 customers, meaning thousands of cars are in the parking lot, he said.

“It’s obviously intrusive and an activity that hasn’t proven to have any legitimate law-enforcement purpose,” said Mr. Templeton. “I think my customers would be resentful of having been the target of that kind of surveillance.”

Other emails show ICE agents planned to keep scanning license plates at other gun shows in Southern California, though agency officials said they couldn’t confirm whether they had done so.

A June 30, 2010, email from an ICE agent lists a series of gun shows that summer, including ones in nearby Ontario and Costa Mesa, noting that “the last (only) one worked out pretty well, so I’d like to send two or three to that one as well.”

In reply, an unidentified agent wrote, “I am good to go on all of them.”

Source: Gun-Show Customers’ License Plates Come Under Scrutiny