A dangerous new anti-2A age at the ATF? Gun manufacturer loses FFL after anti-gun advocacy group goes on warpath

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NEW YORK– The ATF has made a bold move to revoke the license of firearms manufacturer JA Industries, LLC located in Nevada, causing supporters of gun control to celebrate.

On Wednesday, in court, the ATF said that they would revoke the gun manufacturer’s license, which has been the focus of Everytown for Gun Safety, an anti-gun advocacy group.

 

 

President of Everytown for Gun Safety, John Feinblatt, said,

We can only hope this decision marks the beginning of a new era at ATF, one that is consistent with President Biden’s commitment to holding rogue and reckless members of the gun industry accountable for breaking the law and putting lives in danger. 

After decades of serving as the gun industry’s lapdog, it’s time for ATF to do its job and be the American people’s watchdog.”

In 2020, Jiminez Arms faced a lawsuit filed by Kansas City alleging that the firearms manufacturer contributed to illegal gun trafficking in the city. They also were sued by a shooting victim’s family.

Their guns sold for $150.00 and became the primary focus of Everytown for Gun Safety.

After that, Jiminez Arms declared bankruptcy but was able to obtain a new federal firearm license (FFL).

According to USA Today, this prompted Everytown for Gun Safety to take action. They made it their mission to destroy Jimenez Arms. They purchased the complete inventory of pistols and gun frames at a bankruptcy auction and destroyed them all.

Their next move was to file a lawsuit along with Kansas City and the state of Illinois against the ATF for giving Jiminez Arms a new FFL.

The lawsuit states that false statements were provided to the ATF and the gun manufacturer shipped guns to a trafficker, which ultimately made Jiminez unqualified to have a license.

According to the complaint filed in Kansas City in January 2020,

“This case involves an unlawful scheme to traffic pistols into the Kansas City, Missouri area. At the center is Defendant James Samuels, who sold these pistols to people with felony convictions, often through straw purchasers, such as Defendant Iesha Boles.

Samuels was aided and abetted by a group of Kansas City-area firearms dealers and one manufacturer of cheap pistols favored by criminals.

The consequences of this scheme were all too predictable: the guns turned up at crime scenes involving drugs, domestic violence, and murder.”

Kansas City, Missouri Mayor and Mayors Against Illegal Guns co-chair Quinton Lucas said,

“I am proud today the ATF has taken bold action to stop the flow of illegal firearms into Kansas City.

Jimenez Arms has caused significant harm to our community, leading to homicides, violent crime, and a number of shootings.

Today’s decision is an important one for Kansas City, for the State of Missouri, and for our country.

I appreciate the ATF working with America’s cities to ensure our communities can be safer as we continue to demand accountability from regulators and gun manufacturers alike.

As we continue our work to save the lives of Kansas Citians—fathers, mothers, sons, daughters, grandparents, and sadly, children—efforts to identify and prosecute those who illegally obtain or provide guns to those should not have them, as defined by law, will remain a priority and part of the solution.

Illinois Attorney General Kwame Raoul remarked that

“I appreciate the ATF’s decision to revoke JA Industries’ license, which should never have been approved in the first place.

Partnerships that extend beyond Illinois’ borders are critical to our efforts to prevent guns from being trafficked into our state and used in carjackings and other violent crimes…

Even though the guns manufactured by JA Industries cannot legally be sold in Illinois, interstate trafficking allows them to reach the hands of young offenders – who are attracted in part because the guns are so cheap – to be used in carjackings and other gun violence.

The ATF’s decision is a step toward holding accountable manufacturers of guns that are designed for trafficking.”

The Nevada Independent noted that the ATF remarked that it “does not comment on matters in litigation.”

Senior vice president Larry Keane of The National Shooting Sports Foundation said regarding the 2005 law Protection of Lawful Commerce in Arms Act that

“The Protection of Lawful Commerce in Arms Act (PLCAA) was passed with wide bipartisan support in 2005 and signed into law by President George W. Bush.

The law was passed in response to a wave of lawsuits attempting to hold firearm companies liable for the criminal misuse of firearms by remote third parties.

The lawsuits were really aimed at putting those companies out of business based on circumstances beyond their control.

The law – PLCAA – keeps activist lawyers from placing the blame on members of the industry for the criminal misuse of legal firearms that are lawfully sold…

Since the day it was signed, gun control politicians and antigun groups have been doing everything possible to smear the law, willfully ignoring what it does and doesn’t do.

Hillary Clinton, during her failed 2016 presidential campaign, claimed the law gave the firearm industry “absolute immunity.” 

That lie was repeated by President Biden during his own campaign and again recently when he pitched a gun control push in Congress.

The notion of “blanket immunity” is an outright lie.

The law simply says that these agenda-driven lawsuits can’t be brought against a manufacturer that had nothing to do with the criminal or wrongful misuse of their product.”

The law reads,

“Protection of Lawful Commerce in Arms Act – (Sec. 3) Prohibits a qualified civil liability action from being brought in any state or federal court against a manufacturer or seller of a firearm, ammunition, or a component of a firearm that has been shipped or transported in interstate or foreign commerce, or against a trade association of such manufacturers or sellers, for damages, punitive damages, injunctive or declaratory relief, abatement, restitution, fines, penalties, or other relief resulting from the criminal or unlawful misuse of a firearm.

Requires pending actions to be dismissed.”

ATF spokesman Erik Longnecker said that the

“ATF revokes federal firearms licensees who are found to have committed willful violations of the Gun Control Act and have an adverse impact on public safety.

The vast majority of federal firearms licensees are law abiding businesses.”

Now the question is, are more lawsuits against firearms manufacturers in the works?

If so, what will this mean for gun rights and gun owners?

 

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As the left cracks down on guns and even targets hunters, two states are fighting back in a creative way

By Larry Keane and our friends at NSSF

It’s been a long and winding road for outdoorsmen and women in Virginia and South Carolina but hunting advocates have reason for cautious optimism.

Hunting has experienced a renaissance over the past two years as millions of Americans have taken to the great outdoors. Hunters, and not just those with access to private lands, in the Old Dominion and the Palmetto State are closely monitoring bills that could allow the public to hunt on each state’s vast public lands.

Virginia

Prior to 2014, hunting on Sundays in Virginia wasn’t even allowed. The reasons for the ban varied but that changed after the state legislature passed a bill expanding hunting opportunities on Sundays – but only on private lands and only if the hunter had written permission from the landowner.

Virginia’s more than 1.6 million acres of national forest lands and 70,000 acres of state forests remained off limits for public hunting. They still do.

Democratic Virginia state Sen. Chap Petersen introduced his legislation this session to fully expand hunting in Virginia on Sundays to both public and private lands this year after several years of contentious debate on both sides of the issue. The reasoning is straightforward and simple.

According to the Virginia Department of Wildlife Resources Board, many hunters, including beginners and novices, are only able to hunt on weekends and don’t have access to private lands. Nearly 40 percent of hunters use public lands and they are blocked out from Sundays, losing half their hunting season.

Prior to the start of the 2022 legislative session, momentum for expanded Sunday hunting in Virginia was growing. In November of 2021, the Virginia Department of Wildlife Resources Board backed the expansion and unanimously passed a resolution supporting public, as well as private, Sunday hunting.

The board’s approval greased the skids for Senate approval late last month and now adoption of the expansion is being considered in the Virginia House of Delegates.

“We’ve had Sunday hunting for the last eight years and I think it’s fair to say that civilization hasn’t come to an end,” Sen. Petersen said in a floor speech prior to a vote on his bill.

“This is just an access issue. I know that some people don’t like Sunday hunting. I understand that. I’m not going to try to change their views but I do believe that for those people who believe in outdoor recreation and you only get two days on a weekend and this is one of them.”

Sen. Petersen’s bill, SB 8, passed the Virginia Senate by a vote of 29-11 with bipartisan support.

House’s Move

Virginia remains only one of five states in the country that maintains Sunday hunting prohibitions. Republican Virginia state Delegate James Edmunds is hoping to change that through his Sunday hunting expansion bill in the lower chamber.

Delegate Edmunds’ bill received a House Agriculture, Chesapeake and Natural Resources Committee hearing on the first day of the 2021 Virginia legislative session but it failed to move out of committee.

Delegate Edmunds voiced his disappointment saying, “Hunters contribute the most to the purchase of many public lands but are the only user groups not allowed to use it.”

He also said opposition is likely more related to Second Amendment and shooting sports opposition than to anything else.

“I think it is very hypocritical. I really believe that many of those who voted against it voted against hunting more than they voted against Sunday hunting.”

Following his bill’s defeat, though, Delegate Edmunds vowed to try again in the 2022 legislative session and re-introduced his hunting expansion bill. The bill received a hearing in the House Subcommittee on Natural Resources but failed again to advance, but only after a tied 3-3 vote.

The tie means the bill can still be altered for reconsideration. However, the House of Delegates can still take up, debate and vote on the already-passed Senate bill sponsored by Sen. Petersen. The Sunday hunting bill faces a March legislative deadline in order for passage to remain possible.

South Carolina

In South Carolina, Republican state Rep. Bobby Cox introduced H. 4614, which would open state-owned wildlife management areas for hunting on Sundays.

In a bit of good news, the bill received a favorable 4-0 vote in the House Wildlife Subcommittee and now moves for consideration in the full House Committee on Agriculture, Natural Resources and Environmental Affairs. There is still much work ahead to advance the bill with favorable votes.

Shifting Tides

The moves to expand hunting opportunities in Virginia and South Carolina come at the right time. Throughout the COVID-19 pandemic, NSSF retailer survey data showed millions of Americans sought to join the ranks of American hunters and enjoy some social distancing in the fields and woods.

Firearm sales reached record highs two years ago and last year, and that included nearly 14 million first-time gun buyers. Purchasers said self-defense was a driving force behind their purchases but hunting and recreational shooting were near the top.

In the Commonwealth, more than 800,000 Virginians submitted an FBI National Instant Criminal Background Check System (NICS) verification to buy a gun in 2020. In 2021, the number was more than 650,000. For South Carolina, those numbers were 485,000 and 531,000, respectively.

When hunters and recreational shooters purchase licenses, hunting permits and firearm and ammunition equipment, they support manufacturers who pay Pittman-Robertson excise taxes that fund wildlife and habitat conservation projects and public lands management in the states. Since 1937, that funding has totaled more than $14.7 billion and it’s rising still.

Sunday hunting for all, on private lands and state-operated public ones too, would ensure millions of Virginians and South Carolinians could finally take advantage of millions of acres of beautiful and bountiful public lands to enjoy hunting.

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