Military Veterans and Patriots

Tag: 2A

  • Some Thoughts on Rahimi

    Some Thoughts on Rahimi

    SCOTUS dropped its opinion on a case called US v Rahimi on 21 June (yesterday at the time writing).

    The Background

    Zachey Rahimi was involved in a domestic incident with his girlfriend/baby momma in December of 2019. A state court in Tarrant County, Texas, issued a restraining order against him. The order, entered with the consent of both parties, included a finding that Rahimi had committed “family violence.” It also found that this violence was “likely to occur again” and that Rahimi posed “a credible threat” to the “physical safety” of C. M. or A. R. (the minor child). Based on these findings, the order prohibited Rahimi from threatening C. M. or her family for two years or contacting C. M. during that period except to discuss A. R. It also suspended Rahimi’s gun license for two years.

    Rahimi was involved in a spate of other shootings – including one where he fired at a bystander who witnessed an altercation with the girlfriend – and threatened another woman while subject to this order. Police executed a search warrant of Rahimi’s residence in connection with the shootings and found a pistol, a rifle, ammunition— and a copy of the restraining order.

    Rahimi was then indicted under 18 U. S. C. §922(g)(8) — 922(g)(8) going forward –, a federal statute that prohibits individuals subject to a domestic violence restraining order from possessing a firearm. Rahimi’s attorney moved to have the 922(g)(8) indictment quashed on the basis it was a facial 2A violation. Court rules prevented an interlocutory appeal, so he pleaded guilty and appealed to the 5th Circuit raising the same issues.

    During the appeals process, SCOTUS issued its decision in Bruen. A new panel of the 5th Circuit ruled that 922(g)(8) as applied was unconstitutional. The Supreme Court granted Cert on 30 June 2023 and oral arguments were held on 7 November.

    The Decision

    The decision was 8-1 with Justice Thomas dissenting (I’ll get to Thomas’s dissent in a bit. I’m of the opinion he was the only one who got it correct). Chief Justice Roberts wrote the opinion, with all of the Justices filing concurrences. The meat of the decision is that the facial challenge of 922(g)(8) failed. From the filing (internal citations omitted):

    Held: When an individual has been found by a court to pose a credible threat to the physical safety of another, that individual may be temporarily disarmed consistent with the Second Amendment.

    (a) Since the Founding, the Nation’s firearm laws have included regulations to stop individuals who threaten physical harm to others from misusing firearms. As applied to the facts here, Section 922(g)(8) fits within this tradition. The right to keep and bear arms is among the “fundamental rights
    necessary to our system of ordered liberty.” McDonald v. Chicago. That right, however, “is not unlimited,” District of Columbia v. Heller

    The reach of the Second Amendment is not limited only to those arms that were in existence at the
    Founding. Heller. Rather, it “extends, prima facie, to all instruments that constitute bearable arms, even those that were not [yet] in existence.” Ibid. By that same logic, the Second Amendment permits more than just regulations identical to those existing in 1791.

    Under our precedent, the appropriate analysis involves considering whether the challenged regulation is consistent with the principles that underpin the Nation’s regulatory tradition. Bruen. When firearm regulation is challenged under the Second Amendment, the Government must show that the restriction “is consistent with the Nation’s historical tradition of firearm regulation.” Bruen. A court must ascertain whether the new law is “relevantly similar” to laws that our tradition is understood to permit, “apply[ing] faithfully the balance struck by the founding generation to modern circumstances.” Why and how the
    regulation burdens the right are central to this inquiry. As Bruen explained, a challenged regulation that does not precisely match its historical precursors “still may be analogous enough to pass constitutional muster.”

    (b) Section 922(g)(8) survives Rahimi’s challenge.

    (1) Rahimi’s facial challenge to Section 922(g)(8) requires him to “establish that no set of circumstances exists under which the Act would be valid.” United States v. Salerno. Here, Section 922(g)(8) is constitutional as applied to the facts of Rahimi’s own case. Rahimi has been found by a court to pose a credible threat to the physical safety of others, see §922(g)(8)(C)(i), and the Government offers ample evidence that the Second Amendment permits such individuals to be disarmed. . .

    The Lone Dissent

    Despite what you may be reading in the news, Justice Thomas does not want those subject to domestic violence restraining orders to have access to firearms. His dissent hangs on two points; due process and the complete lack of a historical analogue to 922(g)(8). We’ll look at the lack of analogue first.

    In his majority opinion, C.J. Roberts takes great pains to equate the so-called peace bond or surety laws with 922(g). Thomas, correctly, notes that a peace bond does not disarm an individual charged with one. Instead it forces them to put up a sum of money as a guarantee of good behavior. From his dissent:

    Although surety laws shared a common justification with §922(g)(8), surety laws imposed a materially different burden. Critically, a surety demand did not alter an individual’s right to keep and bear arms. After providing sureties, a person kept possession of all his firearms; could purchase additional firearms; and could carry firearms in public and private. Even if he breached the peace, the only penalty was that he and his sureties had to pay a sum of money. To disarm him, the Government would have to take some other action, such as imprisoning him for a crime.

    By contrast, §922(g)(8) strips an individual of his Second Amendment right. The statute’s breadth cannot be overstated. For one, §922(g) criminalizes nearly all conduct related to covered firearms and ammunition. Most fundamentally, possession is prohibited, except in the rarest of circumstances.

    . . .

    These sweeping prohibitions are criminally enforced. To violate the statute is a felony, punishable by up to 15 years. That felony conviction, in turn, triggers a permanent, life-long prohibition on exercising the Second Amendment right. See §922(g)(1).

    The fact that many domestic violence restraining orders are not judicial findings of fact means 922(g)(6) violates individuals due process rights. As Thomas notes in his dissent (emphasis mine):

    Just as important as §922(g)(8)’s express terms is what it leaves unsaid. Section 922(g)(8) does not require a finding that a person has ever committed a crime of domestic violence. It is not triggered by a criminal conviction or a person’s criminal history, unlike other §922(g) subsections. And, §922(g)(8) does not distinguish contested orders from joint orders—for example, when parties voluntarily enter a no-contact agreement or when both parties seek a restraining order.


    In addition, §922(g)(8) strips an individual of his ability to possess firearms and ammunition without any due process. Rather, the ban is an automatic, uncontestable consequence of certain orders. See §922(g) (“It shall be unlawful for any [qualifying] person [to] possess in or affecting commerce, any firearm or ammunition”). There is no hearing or opportunity to be heard on the statute’s applicability, and a court need not decide whether a person should be disarmed under §922(g)(8). The only process §922(g)(8) requires is that provided (or not) for the underlying restraining order.


    Despite §922(g)(8)’s broad scope and lack of process, it carries strong penalties. Any violation of §922(g)(8) is a felony punishable by up to 15 years’ imprisonment. And, a conviction for violating §922(g)(8) itself triggers a permanent, life-long prohibition on possessing firearms and ammunition.

    Thomas wraps up his dissent with this:

    This case is not about whether States can disarm people who threaten others. States have a ready mechanism for disarming anyone who uses a firearm to threaten physical violence: criminal prosecution. Most States, including Texas, classify aggravated assault as a felony, punishable by up to 20 years’ imprisonment. Assuming C. M.’s allegations could be proved, Texas could have convicted and imprisoned Rahimi for every one of his alleged acts.

    Thus, the question before us is not whether Rahimi and others like him can be disarmed consistent with the Second Amendment. Instead, the question is whether the Government can strip the Second Amendment right of anyone subject to a protective order—even if he has never been accused or convicted of a crime. It cannot. The Court and Government do not point to a single historical law revoking a citizen’s Second Amendment right based on possible interpersonal violence. The Government has not borne its burden to prove that §922(g)(8) is consistent with the Second Amendment’s text and historical understanding. The Framers and ratifying public understood “that the right to keep and bear arms was essential to the preservation of liberty.” Yet, in the interest of ensuring the Government can regulate one subset of society, today’s decision puts at risk the Second Amendment rights of many more.

    I respectfully dissent.

    My Analysis

    This case was always going to be difficult. On one hand, you have a truly bad dude, Zachey Rahimi, who should not have access to firearms. On the other, you have – at least in my and Justice Thomas’s opinion – an unconstitutional law, 922(g)(8).

    In the specific case of Rahimi, the State had ample opportunity to indict, try and convict him of the offences underlying the RO. The convictions would have stripped him of his rights to own a gun. They did not.

    If the State decides that someone shouldn’t be trusted with a gun, they probably shouldn’t be on the streets. There are plenty of laws that meet constitutional muster that can and are used to restrict legal access to firearms. 922(g)(8) is not one of them. The fact that under 922(g)(8) anyone subject to a restraining order is deprived of their rights without due process is ridiculous.

  • Saturday Shootaround

    Saturday Shootaround

    It’s Saturday and time for your weekly 2A/shooting roundup, Saturday Shootaround. We’ll dispense with the verse/quotes portion of this week’s edition of the Shootaround due to the volume of news this week.

    First up is the SCOTUS decision in NRA v Vullo. This case centers on the fact that New York State Department of Financial Services Superintendent Maria T. Vullo used her official position to pressure financial and insurance firms into not doing business with the NRA. In a unanimous decision, the Supremes ruled that the 2nd Circuit erred in dismissing the case. The case has been remanded to the 2nd and will be allowed to go forward.

    While the decision is an important one, it is not as cut and dried as it may seem. Sonya Sotamayor – who wrote the opinion – seemed to indicate that Vullo might be able to claim qualified immunity in the case. We’ll find out more as the case goes forward.

    Mossberg has announced a new home defense shotgun, the Silver Reserve Eventide HS12. The HS12 is a shortened version of their Sliver Reserve over-unders. This 12 gauge shotty comes with 18.5″ cylinder bore barrels, a fiber optic front sight and a pair of picatinny rail attachment points. Black synthetic furniture is standard and the overall length is 36″. MSRP for the HS12 is $700.

    One of my favorite GunTubers, Brandon Herrera aka the AK Guy, nearly shocked the political world this week. He was running for the Republican nomination for US House in Texas 23. It looks like he came up 429 votes short. His opponent was a swamp creature named Tony Gonzales. Gonzales voted for more gun control several times during his time in congress.

    https://twitter.com/TheAKGuy/status/1795606927335981239

    While the count is close enough for a recount, it is unclear if one will happen. The State of Texas requires a significant deposit for recounts.

    The Smith & Wesson Performance center has released a new Jerry Miculek signature series revolver. The Model 327 WR is a 9x19mm revolver with a scandium N-Frame and includes an 8-shot titanium cylinder. It has a 5-inch barrel and weighs in at 35.52oz. It has a wood laminate grip and a brass bead front sight along with an optics cut frame with the C.O.R.E.Optic-plate system and a VORTEX COMPDOT 8MOA red dot included. Miculek’s signature model ships in a custom PELICAN hard case with a speedloader and five moon clips.

    Here’s what S&W had to say:

    Designed in partnership with Professional Shooter and S&W Brand Ambassador, Jerry Miculek, the Model 327 WR boasts features that embody speed and accuracy. This lightweight 9MM handgun is built on a scandium N-Frame and includes a titanium cylinder that allows the user to quickly and precisely transition between targets. Included with the brass bead front and adjustable rear sight package, is a Vortex® COMPDOT and C.O.R.E.™ optic-plate system for revolvers, that accommodate a wide range of optics to enhance the shooter’s experience. The revolver also features a JM Signature laminated wood grip that provides optimal ergonomics for any necessary adjustments needed between holster draw and target acquisition.

    At the Smith & Wesson Headquarters Grand Opening weekend in October of 2023, Jerry set two NRA World Records with his Model 327 WR prototype, making history once again and further positioning himself as one of the greatest shooters to ever do it. The records included the fastest time to hit six steel plates at 7 yards from the draw with a 9mm handgun in 2.01 seconds, and the same with a revolver in 1.88 seconds. “Crafted from the blueprint of shooting excellence, the new Model 327 WR is more than just a high-performance firearm – it’s a legacy. With modern upgrades to an already trusted platform, Jerry’s new signature revolver is a tribute to the mastery of precision and the art of sports shooting perfected by Jerry himself,” said Corey Beaudreau, Product Manager.

    The Performance Center® Model 327 WR includes an 8-round capacity, 5-inch ported stainless-steel barrel, smooth double-action trigger and is a limited-release of 1,880 units, to reflect Jerry’s recent record time of 1.88 seconds. The revolver ships in a custom PELICAN® hardcase with a foam insert to safely secure the handgun and all of its included accessories.

    MSRP for the Model 327 WR Jerry Miculek is $3499

    Gun Porn

    Today’s featured gun is truly a piece of American History. It’s a Parker, Snow & Co. .58 cal rifled musket. This particular rifled musket has provenance pointing to belonging to Corporal David C. Laird 4th Michigan Infantry Company A at Gettysburg.

     

    Here’s what the seller has to say:

    NSN, made in 1863, .58 caliber, 40″ armory bright rifled barrel. ID’d Gettysburg musket belonging to Corporal David C. Laird 4th Michigan Infantry Company A. Wounded on July 2nd in the Wheatfield and died from wounds 2 months later. The butt-plate is marked “D.C. LAIRD/CO.A. Scattered surface oxidation is visible on metals surface. Stock is in good plus condition with two cartouches visible. Minor combat wear is present. Bore is very good with minor frosting noted in the grooves, lock plate is dated 1863. Gregory A. Coco’s book “Killed In Action; Eyewitness accounts of the Last Moments of 100 Union Soldiers Who Died at Gettysburg” page 46 describes  Reverend Parvin’s account of meeting Corporal Laird on the field and until he succumbed to his wounds. 

    The buy-now price for this wonderful piece of history is $18500

  • Saturday Shootaround

    Saturday Shootaround

    This week’s verse is Fuzzy Wuzzy, one of the Barracks-room Ballads from Rudyard Kipling. Most of the poems in that collection were written in the vernacular of the time and Fuzzy Wuzzy is no exception. It (relatively) accurately describes the feeling of the English soldiers concerning the Beja warriors who were supporting the Mahdi of Sudan in the Mahdist War. The term relates to the elaborate tiffa hair style favoured by the Hadendoa tribe, a subdivision of the Beja people

    We’ve fought with many men acrost the seas,
    An’ some of ’em was brave an’ some was not:
    The Paythan an’ the Zulu an’ Burmese;
    But the Fuzzy was the finest o’ the lot.
    We never got a ha’porth’s change of ‘im:
    ‘E squatted in the scrub an’ ‘ocked our ‘orses,
    ‘E cut our sentries up at Suakim,
    An’ ‘e played the cat an’ banjo with our forces.
    So ‘ere’s to you, Fuzzy-Wuzzy, at your ‘ome in the Soudan;
    You’re a pore benighted ‘eathen but a first-class fightin’ man;
    We gives you your certificate, an’ if you want it signed
    We’ll come an’ ‘ave a romp with you whenever you’re inclined.

    We took our chanst among the Khyber ‘ills,
    The Boers knocked us silly at a mile,
    The Burman give us Irriwaddy chills,
    An’ a Zulu impi dished us up in style:
    But all we ever got from such as they
    Was pop to what the Fuzzy made us swaller;
    We ‘eld our bloomin’ own, the papers say,
    But man for man the Fuzzy knocked us ‘oller.
    Then ‘ere’s to you, Fuzzy-Wuzzy, an’ the missis and the kid;
    Our orders was to break you, an’ of course we went an’ did.
    We sloshed you with Martinis, an’ it wasn’t ‘ardly fair;
    But for all the odds agin’ you, Fuzzy-Wuz, you broke the square.

    ‘E ‘asn’t got no papers of ‘is own,
    ‘E ‘asn’t got no medals nor rewards,
    So we must certify the skill ‘e’s shown
    In usin’ of ‘is long two-‘anded swords:
    When ‘e’s ‘oppin’ in an’ out among the bush
    With ‘is coffin-‘eaded shield an’ shovel-spear,
    An ‘appy day with Fuzzy on the rush
    Will last an ‘ealthy Tommy for a year.
    So ‘ere’s to you, Fuzzy-Wuzzy, an’ your friends which are no more,
    If we ‘adn’t lost some messmates we would ‘elp you to deplore;
    But give an’ take’s the gospel, an’ we’ll call the bargain fair,
    For if you ‘ave lost more than us, you crumpled up the square!

    ‘E rushes at the smoke when we let drive,
    An’, before we know, ‘e’s ‘ackin’ at our ‘ead;
    ‘E’s all ‘ot sand an’ ginger when alive,
    An’ ‘e’s generally shammin’ when ‘e’s dead.
    ‘E’s a daisy, ‘e’s a ducky, ‘e’s a lamb!
    ‘E’s a injia-rubber idiot on the spree,
    ‘E’s the on’y thing that doesn’t give a damn
    For a Regiment o’ British Infantree!
    So ‘ere’s to you, Fuzzy-Wuzzy, at your ‘ome in the Soudan;
    You’re a pore benighted ‘eathen but a first-class fightin’ man;
    An’ ‘ere’s to you, Fuzzy-Wuzzy, with your ‘ayrick ‘ead of ‘air –
    You big black boundin’ beggar – for you broke a British square!

    It looks like Thompson Center Arms is making a comeback. In an announcement on April 30, Gregg Ritz, former owner of Thompson/Center, said he had re-acquired the Massachusetts-based gunmaker. Ritz previously sold Thompson/Center to Smith & Wesson in 2007. S&W announced its plans to sell the brand in 2021, and subsequently ended production. The newly launched website has this to say:

    America’s Master Gunmaker™

    Thompson/Center Arms has been a cornerstone of the firearms industry since 1967. With a diverse range of products catering to hunters, shooters, and outdoor enthusiasts, Thompson/Center Arms has earned a reputation for excellence. Thompson/Center Arms looks to build upon its legacy while embracing the future with a renewed commitment to American made quality, innovation, and unmatched customer satisfaction.

    NEW PRODUCT LINE LAUNCHING 2025

    Several TC firearms have had homes in my collection. In fact there are a couple of TC Compass bolt rifles in my safe as I type.

    Some of you have/are dealing with the VA and their ‘fiduciary’ program and the loss of gun rights that go with that program. There was an amendment to strip the VA of that particular power proposed by Rep. Eli Crane’s (R-AZ) to restore veterans’ gun rights. Two putative Republicans voted against it, Reps. Michael Bost (R-IL) and Aumua Amata Coleman Radewagen (R-American Samoa). Radewagen is a delegate, not a voting member of the House, so that really leaves Crane. If you’re in Crane’s district, call and let him know he was wrong. He can be reached at (202) 225-3361.

    This next piece hits close to home for me. Literally. Three Upstate NY men and another from South Carolina were busted on gun charges. The men charged are Charles Baker, 26, of Brewerton, Jeremy Baker, 23, of Syracuse, John Leone Jr., 52, of Elbridge and Brian Lawson, 23, of South Carolina. From CNY Central:

    An investigation led by the AG’s Organized Crime Task Force (OCTF) recovered 31 firearms and receivers, including 18 ghost guns or parts used to make ghost guns, dozens of high-capacity magazines and hundreds of rounds of ammunition. The following firearms and components seized include:

    • Nine Polymer80 and AR-15 style unfinished frames/receivers, used to assemble ghost guns
    • Nine unserialized and unregistered Polymer80 ghost gun pistols
    • Nine serialized unregistered firearms
    • Three AR-15-style rifles
    • One 7.62 assault rifle
    • Dozens of magazines, including several extended magazines classified as high-capacity ammunition feeding devices
    • Hundreds of rounds of ammunition

    A couple of points here. First, New York has arguably the most stringent firearms laws in the country. Second, Polymer80 hasn’t shipped to NY since 2018. Third, the unfinished frames and receivers are not illegal here, at least not yet.

    I have to admit I have little sympathy for these 4 men. They knowingly broke state and probably federal laws. Are the laws they broke unconstitutional and unjust? You bet your ass they are. But they are still the law. At least for now. . .

    Gun Porn

    This week’s gun porn is an interesting bit of history. It’s a Maynard Patent #7 Improved Hunting Rifle.

    Here’s what the seller has to say:

    This fine Maynard Patent Model 1873 single shot rifle appears to be an Improved Hunter’s Rifle No. 7 in one of the various thick base 40 caliber Maynard centerfire cartridges. The overall length is approx. 36″. The 20″ round 40 caliber centerfire barrel has a very good bore with good rifling and light firing erosion. The front sight is a Beach combination style and the rear sight has two flip up leaves (replacing an earlier sight). The barrel has approx. 85% blue turning brown. The case hardened receiver is a smooth mottled silver intermixed with brown. The receiver markings are present but light due to a light stamping on the case hardened action. The 1873 model stamp is distinct. The buttstock is very good with scattered light usage dents and dings and most of its original varnish finish. The lever has the most likely special order checkered pistol grip, usually associated with higher grade guns, installed. The action functions correctly. This very nice example of the scarce Model 1873 Maynard No. 7 Hunter’s rifle is ready for your single shot rifle collection.  

    Before you ask, the gap between the barrel and breech face is supposed to be there. This rifle is chambered in one of the Maynard patent thick base cartridges. The base fills the gap and seals the chamber.

    1873 Maynard .40-40 cartridges

    The Buy Now price for this rare and unique rifle is $2350

  • Saturday Shootaround

    Saturday Shootaround

    Welcome to Saturday Shootaround, the weekly 2A and shooting roundup here at MVAP. This week’s verse was written by Pavel Friedmann. ‘The Butterfly’ was written at Theresienstadt concentration camp on 4 June 1942. On 29 September 1944, Friedmann was shipped to  Auschwitz where he was murdered after selection.

    The last, the very last,
    So richly, brightly, dazzlingly yellow.
    Perhaps if the sun’s tears would sing
    against a white stone…

    Such, such a yellow
    Is carried lightly ‘way up high.
    It went away I’m sure because it wished
    to kiss the world goodbye.

    For seven weeks I’ve lived in here,
    Penned up inside this ghetto
    But I have found my people here.
    The dandelions call to me
    And the white chestnut candles in the court.
    Only I never saw another butterfly.

    That butterfly was the last one.
    Butterflies don’t live in here,
    In the ghetto.

    The NICS numbers for March 2024 are in. There were 2,626,068 checks run for the month. That’s an increase of about 200k over last month, but a decline of around 400k from last year. Keep in mind, those numbers are not a one-to-one indicator of the number of guns sold. The NICS system is also used for some other purposes.

    Ever wonder what would happen when a police department becomes the sole firearms dealer in a specific area? Well, that was the case in Washington DC from at least April 3, 2020, until January 4, 2021. The DC police were the only place a District resident could legally acquire a handgun for those 7 plus months.

    They processed background checks for and transferred 8,038 firearms. They also wound up in an BATFE program called ‘demand 2’. Under that program, FFL dealers that have more than 25 guns they’ve processed in a given year show up at a crime scene, get heightened scrutiny of their operations. That scrutiny involves quarterly records checks and more frequent IOI (industry operations inspectors) visits.

    Around 2% of all dealers are part of the demand 2 program in a given year. For 2023, there were 1323 FFLs in the program out of approximately 65,000 dealers.

    I ran into a rifle I hadn’t seen before at my local the other day. It’s the Stevens 334. They’re built in Turkey and imported by Savage. It is a nice looking little rifle and it comes in at a $450 price (MSRP $509).

    Here’s what Savage has to say:

    Where value and performance meet, is where the Model 334 bolt action rifle excels. The rifle features a crisp trigger and a 60-degree bolt lift to allow faster loading on follow-up shots. The barrel is free-floating and button rifled for consistent accuracy. Offered in three popular calibers, the Model 334 is available in a Turkish Walnut stock option with a silver bolt or a black synthetic stock with a matte black action to match.

    FEATURES
    • 3-Position Safety
    • Crisp Trigger
    • 60 Degree Bolt Lift with 3-Locking Lugs
    • Ergonomic Stock and Recoil Pad
    • Matte Black Synthetic Stock or Turkish Walnut Stock Options
    • 3 Round Detachable Box Magazine
    • Matte Black Carbon Steel Receiver with Integrated Recoil Lug
    • Drilled & Tapped Receiver (Savage M110 Spacing) with Steel MIL-STD 1913 Picatinny Rail
    • Free-floating, Button Rifled, Carbon Steel Barrel with 11°Target Crown
    • 2-Sling Swivel Studs

    The 334 is currently available in .308, .243 and 6.5 Creedmoor. I am currently working on getting my hands on one for a test, so stay tuned.

    This week’s gun porn is an interesting piece, even for gun porn. It’s an Ebert parlor rifle built in the schuetzen style and chambered in 4mm Flobert.

    I suppose some explanations are in order. Parlor rifles were a common thing in the late 1800s among a certain segment of the population. They were used for indoor shooting, hence the appellation “Parlor”. 4mm Flobert is a rimfire cartridge that uses solely priming compound to launch a 4.3mm lead ball. They have a muzzle velocity of up to 600 fps.

    Here’s what the seller has to say:

    Antique German Salon or Parlour rifle in 4mm Flobert, made by Ebert of
    Neuburg in Bavaria. 635mm octagonal false barrel with 150mm  micro
    groove insert – market St. George Munich. OAL=1035mm, LOP=335mm,
    weight = 3.25Kg. The hammer will move the transfer rod. Only the front 
    trigger is active, rear one is a finger rest! Nice walnut stock with carved
    decoration and curved schutzen style butt. Iron sights and tang mounted 
    peep sight. Original wood and metal patina, not restored, good bore. 
    Add this Germanic belle epoque rifle to your collection.

    4mm Flobert cartridge

    Current bid is $806 and the auction ends April 7 at 1730.

  • Saturday Shootaround

    Saturday Shootaround

    It’s Saturday and time for your weekly 2A and shooting post here at MVAP. Instead of a verse, we’re going to start this week’s Shootaround with a collection of quotes.

    A man can never have too much red wine, too many books, or too much ammunition”

    Rudyard Kipling

    Remember the first rule of gunfighting … have a gun.”

    “The purpose of the pistol is to stop a fight that somebody else has started, almost always at very short range.”

    Col. Jeff Cooper

    The way to reason with a predator is to make it aware that it can live in a cage, or it can die, but it can no longer prey upon us.”

     “Firearms, if you think about it, are power tools. They drill holes in things and chew things up. That’s their purpose. The purpose of the user is, quite simply, to puncture and destroy the right things and not the wrong things.”

    Massad Ayoob

    The Second Amendment Foundation (SAF) is one of the pro-2A groups getting stuff done. They recently had a minor victory in Pennsylvania. Before we get to that, some background is in order. Back in 2020, SAF filed a suit in PA, Lara v Evanchick, that challenged some of that state’s restrictions on under-21s to transport handguns.

    Pennsylvania law generally allows for individuals over the age of 18 years-old to openly carry firearms without a License to Carry Firearms (LTCF). However, the law provides for extremely limited transportation of firearms absent a LTCF – allowing an individual to take an unloaded firearm from their home to only certain locations. As a result, people without LTCFs may not take an unloaded firearm from their home to most locations in order to then openly carry for self defense. To compound the issue further, the law does not allow for an individual under the age of 21 to apply for a LTCF. 

    As a result, Young Adults (ages 18-20-years-old) are unable to acquire licenses and are barred from exercising their right to bear arms outside the home. The Second Amendment’s plain text, as informed by this nation’s history and tradition, reveals that prohibiting the bearing of arms by Young Adults is constitutionally impermissible. There were no colonial or founding era laws that restricted the rights of Young Adults to keep and carry arms. 

    After having the case dismissed by US district Judge William Stickman, SAF and FPC filed an appeal to the 3rd Circuit court of appeals. In January a three judge panel of that court reversed and remanded it to the lower court. At this point the state of Pennsylvania is enjoined from enforcing the transport provisions on under 21s.

    Here’s the minor victory. PA requested an en-banc rehearing on the matter. The court refused. That means the state cannot enforce the transport ban.

    More winning. This time in Virginia where Governor Glenn Youngkin vetoed a raft of gun control bills. H/T Rogue Unicorn:

    HB2 and SB2 would have banned many commonly owned semi-automatic centerfire rifles, pistols, and shotguns manufactured after July 1, 2024. Additionally, the legislation would have imposed arbitrary magazine limits and discriminated against young adults by prohibiting them from purchasing certain firearms.
    HB183 and SB368 would have mandated firearm storage requirements in the home.
    HB318 and SB491 would have subjected firearm industry members to frivolous lawsuits. This legislation would have been detrimental and costly to the industry and would have made it more challenging and expensive for you to exercise your constitutional rights.
    HB466 would have diminished opportunities for those with out-of-state concealed carry permits to carry in the Commonwealth. Currently, Virginia recognizes all out-of-state valid concealed carry permits. This bill would have instituted a new standard, which could cause some states to lose recognition.
    HB585 would have banned home-based firearm dealers from opening or continuing to operate if they were located within 1.5 miles of any elementary or middle school. This extreme radius would have caused many firearm dealers to lose the ability to operate their small businesses.
    HB1174 and SB327 would have discriminated against young adults by disallowing them to own certain handguns, rifles, and shotguns.
    HB1195 and SB273 would have imposed a mandatory five-day waiting period for firearm purchases.

    Good news for denizens of the Old Dominion.

    This is a bit of older news, I probably should have covered it before. Anyway, GunTuber Brandon Herrera forced a primary runoff in his race to be the Representative from Texas congressional district 23. The incumbent, Tony Gonzales, nominally R, faced censure from the Texas GOP over his anti-2A votes in the aftermath of the Uvalde school shooting. Herrera, known as “the AK Guy” owns a gun building company in Texas as well as creating content for YouTube. He may soon add US Representative to his resume.

    Gun Porn

    This week’s gun porn features an antique rifle, The Whitney-Kennedy. Produced as both a rifle and a carbine, the Whitney-Kennedy was a slight redesign of the 3rd model Burgess rifle. It was initially chambered in .44 WCF. Total production of all variants of the Whitney-Kennedy are estimated at approximately 23,500. Later models introduced other chamberings like .40-60 and .45-75.

    Here’s what the seller has to say:

    For bid is a Whitney Kennedy 44-40 Cal. Lever Action Rifle.  Rifle is in great shape for its age.  As expected, there are signs of wear as well as some period gunsmithing at the screw points. Rifle is old enough to qualify as an antique so does not require an FFL. Please confirm with your state laws to confirm no FFL will be required. 

    Whitney Kennedy 44-40 Cal. Lever Action Rifle, #C256 on lever, 24” oct. bbl., mfg. from 1880 until 1886.

    Starting bid on this rifle is $2700. The auction ends at 2047 today. As of this writing there are no bids on this wonderful piece of history.

  • Saturday Shootaround

    Saturday Shootaround

    Welcome to Saturday Shootaround, your home for all things 2A and shooting related. This edition of Shootaround will be a little abbreviated, there isn’t a whole lot of legal news to cover this week.

    As usual, we start with a poem. This week’s selection is The War in the Air by Howard Nemerov. Nemerov was a pilot in the US Army Air Corps during WWII and eventual Poet Laureate of the Library of Congress.

    For a saving grace, we didn’t see our dead,
    Who rarely bothered coming home to die
    But simply stayed away out there
    In the clean war, the war in the air.

    Seldom the ghosts come back bearing their tales
    Of hitting the earth, the incompressible sea,
    But stayed up there in the relative wind,
    Shades fading in the mind,

    Who had no graves but only epitaphs
    Where never so many spoke for never so few:
    Per ardua, said the partisans of Mars,
    Per aspera, to the stars.

    That was the good war, the war we won
    As if there was no death, for goodness’s sake.
    With the help of the losers we left out there
    In the air, in the empty air.

    Sig Sauer has announced a new rifle – the MCX Regulator. It mates their MCX piston driven upper with a traditionally stocked lower.

    Here’s what Sig has to say about it:

    Introducing the MCX-REGULATOR, using the heart and soul of the legendary MCX platform combined with a proprietary lower design, all built around shooter ergonomics comes a whole new level of MCX modularity. Never before has a ranch rifle possessed the DNA of a rifle used by elite Special Forces operators around the world.

    The MCX-REGULATOR is an aluminum frame rifle with a gas-piston operating system, a Magpul™ SGA Mossberg 500/590 traditional stock combined with a redesigned lower receiver compatible with all MCX upper receivers. It has a fully ambidextrous magazine release, safety selector, and bolt catch. The MCX-REGULATOR ships with a two-stage match trigger, a cold hammer-forged carbon steel barrel, a SIG-designed muzzle brake, and is available in 7.62×39 and 5.56 calibers. The MCX-REGULATOR offers a built in Arca Rail for easy tripod mounting and ships with a 10-round magazine.

    MCX-REGULATOR FEATURES:

    • Reduced Weapons Visual-IR Signature GEN II NiR FDE
      Cerakote
    • Magpul™ SGA Stock – Mossberg 500/590/590A1 
    • Fully Ambidextrous Mag Release, Safety Selector, and Bolt
      Catch
    • SIG-Designed Compensating Muzzle Brake
    • Receiver Integrated ARCA Rail
    • Lower Receiver Compatible with All MCX Upper Receivers
    • 3 MOA ROMEO2 Red Dot Installed on RX2 model

    It’s an interesting rifle if you live in a state with restrictions like NY or CA. Sig can be cagey about MSRP, and this is no different. I’d expect this rifle to land in the $2500-$3000 range. That’s quite a bit more than other rifles in that particular segment like the FightLite SCR, but unlike that gun, you’ll probably see this one in the racks at your local.

    Uberti, the Italian repro gun maker, has a new gun out. The 1873 short rifle Hunter is a modern-ish take on the Winchester 73.

    It’s available in .45 Colt and .44 Remington magnum. Both models have a 20″ barrel and 10 round capacity. Uberti has this to say about it:

    With straight-wall cartridges becoming a popular choice in formerly shotgun-only states, Uberti is proud to introduce a line specifically  dedicated to this form of big-game hunting. Available in .45 Colt and  .44 Magnum, the 1873 Hunter Rifle and 1873 Hunter Revolver offer  the ability to shoot today’s most cutting edge hunting loads safely and effectively. Both rifle and revolver come with standard open sights,  but included in the box is an easily-mounted Picatinny rail for those desiring a scope or a red dot sight. 
     

    The 1873 Hunter Rifle comes with a rubber butt-pad, an ergonomic pistol-grip stock, and a 10+1 round capacity tubular magazine.  Moreover, the extra-tough all-black action is designed to withstand  .44 Magnum pressures (.44 Magnum only. Standard pressure loads  are recommended for .45 LC model). 

    While I’m not sure about the pistol grip, it was an option on the original 73. I should also point out that the Picatinny rail does not come pre-mounted. It does come in the box and requires removal of the rear buckhorn sight for installation.

    Gun Porn

    This week’s Gun Porn is a very nice Eddystone made Model of 1917 Enfield rifle.

    I suppose a little history is in order for this one. Prior to WWI, the Brits had designed a new infantry rifle to replace the venerable SMLE MKII. Called the P-13, it was chambered in a new round, the high pressure .276 Enfield cartridge. When WWI broke out, the Brits needed rifles, badly, and contracted with several US companies to produce the new rifle, but without the new chambering. This rifle, now chambered in .303, was called the P-14.

    Fast forward a few years, and the US is about to enter the war and required a lot of new rifles. Instead of retooling to manufacture the Springfield 1903, the War department decided it would be better if the factories building P-14 rifles, Eddystone Arsenal, Winchester and Remington, simply rechambered them to .30-06. By the end of the war, more than three quarters of the AEF was equipped with the Model of 1917 Enfield. One highly notable user of the 1917 was none other than Alvin C. York. He used one during the action that netted him the Medal of Honor. History lesson over.

    The seller’s description is short to the point of curtness. Here it is:

    US Eddystone Model Of 1917 chambered in .30-06 and dated 1918

    This rifle is in very good condition, the bore is bright and shiny with strong rifling. The metal has traces of the original bluing, the wood is in very nice shape, the name “A.Tate” is carved in it next to the ejection port. C&R OK

    High bid at the time of writing is $872. If I didn’t already have a couple of examples of this rifle in my collection already, I’d think about dropping a bid on it.

    Update: The auction for this gun closed and it sold for $1027 plus fees and taxes.

  • Saturday Shootaround

    Saturday Shootaround

    Welcome to Saturday Shootaround, your home for all 2A and shooting news. This weeks verse comes to us from the pen of Walt Whitman. The poem Beat! Beat! Drums! was written as a patriotic rallying call for the North. Whitman was a volunteer nurse during the War Between the States.

    Beat! beat! drums!—blow! bugles! blow! Through the windows—through doors—burst like a ruthless force, Into the solemn church, and scatter the congregation, Into the school where the scholar is studying, Leave not the bridegroom quiet—no happiness must he have now with his bride, Nor the peaceful farmer any peace, ploughing his field or gathering his grain, So fierce you whirr and pound you drums—so shrill you bugles blow.

    Beat! beat! drums!—blow! bugles! blow! Over the traffic of cities—over the rumble of wheels in the streets; Are beds prepared for sleepers at night in the houses? no sleepers must sleep in those beds, No bargainers’ bargains by day—no brokers or speculators—would they continue? Would the talkers be talking? would the singer attempt to sing? Would the lawyer rise in the court to state his case before the judge? Then rattle quicker, heavier drums—you bugles wilder blow.

    Beat! beat! drums!—blow! bugles! blow! Make no parley—stop for no expostulation, Mind not the timid—mind not the weeper or prayer, Mind not the old man beseeching the young man, Let not the child’s voice be heard, nor the mother’s entreaties, Make even the trestles to shake the dead where they lie awaiting the hearses, So strong you thump O terrible drums—so loud you bugles blow.

    The Palmetto State has become the 29th state to enact permitless carry. South Carolina Gov. Henry McMaster signed the bill on Thursday afternoon. The new law enables individuals 18 and older who are legally allowed to own firearms to carry them, openly or concealed, without requiring training or registration for a permit. The law leaves some restricted locations in place though. All in all, it’s a step in the right direction.

    Your editor experimented with carrying a little Beretta TomCat for a bit a while back. He concluded it wasn’t a good idea and got himself a Glock 43X instead. This might have changed his mind: Federal has announced a new .32 ACP load. The new load pushes a 68-grain Hydra-Shok Deep jacketed hollow point bullet at 1,000 fps from the muzzle, with velocity staying above 900 fps out past 50 yards.

    This is what Federal has to say about the new offering:

    Federal Premium® Hydra-Shok® has proven itself for self-defense since 1989. Hydra-Shok Deep™ builds off the time-tested platform with design improvements that better meet modern performance measurements. The bullet features a more robust center post and a core design that penetrate to optimal depths through the barriers most commonly encountered in self-defense situations.

    • Hits optimum penetration depths through barriers encountered in self-defense situation
    • Iconic center post design has been improved for better, more consistent expansion
    • Specially formulated propellant
    • Extremely reliable primer
    • Caliber-tuned Hydra-Shok Deep bullet design maximizes the performance of the 32 Auto cartridge

    On second thought, probably not. The combination of pocket carry and the shape of the trigger guard on the TomCat was an ND waiting to happen . . .

    Republican lawmakers in Missouri have introduced a bill that would require firearms acquired via any gun buy-back to be put up for auction for $1 twice before they can be destroyed. Of course those on the wrong side are up in arms (see what I did there?) about the bill.

    “Every day, we sit here and talk about gun violence, and we beg for hearings on bills to address gun violence,” said State Rep. Peter Merideth, D-St. Louis. “And instead, we’re talking about a bill to protect the guns, because guns are getting destroyed, and how can we handle that? I’m sorry. . .”

    “The reality is, it’s more about surplus property,” bill sponsor Rep. Tony Lovasco told the committee members. “We don’t normally destroy perfectly good working equipment that the state has no use for just out of spite – but with firearms, for whatever reason, we do exactly that on a regular basis.”

    On a related note, a few years ago, this editor took a random collection of unserviceable AK parts, assembled into a gun shaped object to a buyback. I got a $250 gift card and a new Ipad for it. I was saddened however to see a Singer 1911 and Winchester M-1 Garand in the pile of guns collected there. I’d have offered good money for those if I’d caught the person outside the event.

    Weatherby has introduced a new line of auto-loading shotguns. The inertia Sorix is available in 12 ga 3 and 3 1/2″ chambers and 20 ga 3″. These shottys are built in Italy and finished at Weatherby’s Sheridan WY plant. All three offerings come with 28″ crio-choke compatible barrels.

    Here’s what Weatherby has to say about them:

    The SORIX embodies reliability and performance. Its oversized safety, charging handle, and slammer button ensure easy operation even in the most demanding situations.

    The stepped rib, paired with a LPA fiber optic, provides unparalleled accuracy and swift target acquisition, giving you the edge when it matters most. The receiver is drilled and tapped (8-40 holes) to accept mounts making it an optics-ready shotgun right out of the box.

    Adjustable stock shims are included so shooters can adjust cast and fitment. The SORIX was designed with our Shift System, an inertia-operated system that uniquely supports left-handed shooters. With a simple swap of the charging handle and safety, left-handed users can enjoy the same seamless operation and ergonomic design as right-handers.

    Constructed with durability and performance in mind, the SORIX is a testament to innovation and attention to detail. The receiver and barrel are coated with Cerakote to help resist the toughest elements. The stock has textured touch points for a non-slip grip and a soft cheekpiece for comfort while shooting. All SORIX models are crafted in Italy, but our  unique hand-painted brush patterns are finished in Sheridan, WY.

    The SORIX will utilize the popular Crio Plus choke system and comes with 5 chokes, choke wrench, and a convenient choke tube carrying case (chokes included: cylinder, improved cylinder, modified, improved modified, full).

    The Sorix comes in three hand finished camo patterns – pictured above – and has an MSRP of $1499.

    Gun Porn

    This week’s gun porn is a collectors set from Smith & Wesson. The set consists of an M-1954 lever rifle and a Model 29 revolver. Both are serial #1 of 100, chambered in .44 Rem Mag and highly engraved. Part of the proceeds go to the Rocky Mountain Elk Foundation.

    Here’s what S&W has to say about the set:

    Be part of history, commemorating the company’s first ever lever action rifle with this first of a first of its kind limited set.

    Founded in 1852, Smith & Wesson has been synonymous with precision engineering, timeless design, and a commitment to quality that stands the test of time. Our firearms have not merely been instruments of sport or tools for protection; they have become heirlooms, passed down through generations, each bearing witness to the unfolding tapestry of history. 

    As we embark on the journey of our 172nd year, it is with immense pride and pleasure that we introduce a new chapter in the legacy of Smith & Wesson. Our commitment to craftsmanship, innovation, and an unyielding passion for firearms has sustained us throughout our history, and today, we are thrilled to share with you a piece that encapsulates the essence of our brand—the Smith & Wesson Model 1854 Limited Engraved Edition. 

    The lever-action rifle, an icon in its own right, holds a special place in the hearts of firearm enthusiasts worldwide. Since its inception, the distinctive lever-action mechanism has been a symbol of reliability and versatility. Today, as we unveil our latest creation—the Smith & Wesson Model 1854 Series—we pay homage to this enduring design while seamlessly blending it with modern engineering, offering you a firearm that is as much a work of art as it is a formidable tool. These magnificent firearms boast exquisite engraving, stunning gold inlay, and high-grade walnut furniture, making them truly remarkable pieces of artistry and craftsmanship. 

    Owning this exclusive piece is not just about possessing a finely crafted firearm; it is about becoming part of a legacy that spans generations. The Model 1854 Lever-Action Rifle is not merely a firearm; it is a connection to our storied past and a bridge to the future. It symbolizes the culmination of 172 years of expertise, innovation, and a relentless pursuit of excellence. 

    In addition to the Model 1854, we are proud to present the equally iconic Smith & Wesson Model 29 Classic Revolver as part of this limited-edition set. The Model 29, renowned for its association with law enforcement and Hollywood, stands as a symbol of power and precision. With its distinctive design and engraving, this revolver mirrors the rich heritage of our brand, adding an extra layer of sophistication to this exclusive pairing. 

    This limited-edition release, with only 100 units being made, is a testament to our dedication to providing our customers with nothing short of the extraordinary. Enclosed within the well-designed exterior is not just a firearm, but a piece of history that you can hold in your hands.  This is your chance to own ONE. We are auctioning off the first set in this series: #001 of 100 in support of our partners Rocky Mountain Elk Foundation and Safari Club International.

    We are proud to partner with such esteemed conservation organizations, with a portion of the proceeds of the auction being contributed to their efforts and vital initiatives.

    Current high bid at the time of writing is $32,975. The auction runs until the 10th at 2200 EST.

  • Guns For Home Defense

    Guns For Home Defense

    Today we’re going to take a look at home defense guns. There are many choices available for the task, some are more suitable than others. So lets break down the categories and weigh the pros and cons of each.

    Before we get to the breakdowns, here’s my home def setup and why I chose what I chose. Keep in mind, I have had some very specific training and extensive experience in CQB/MOUT, so my choices aren’t necessarily the best for everyone. I have a 1911 chambered in .45 ACP in a hideaway holster at the head of my bed. It is cocked and locked at all times, but it is not my primary home def weapon.

    That’s a Rock River Arms LAR .458, an 18″ barreled AR pattern rifle chambered in .458 SOCOM. Why did I choose that particular weapons system? The answer is somewhat complex, but simply put, I’m extremely confident in the setup and I shoot 300 grain frangible bullets that will stop any threat instantly without worrying about over penetration. I wrote an article called Harden Up a couple of years ago, and in it I said a rifle may not be the best home def option because of the over penetration factor. This particular setup negates that.

    That gun, and a battle belt, hang above the door to my bedroom closet. If the need ever arises, its two steps to the closet and I’m in the fight.

    Handguns

    Handguns are a good choice for home defense generally. They’re easy to handle, easy to store and very useful at home def distances. Choice of gun is a personal thing, but I’d recommend a full-sized autoloader over any of the other types for a few reasons. Typically, they have a higher capacity, are quicker, a lot quicker, to reload than a revolver and a full-sized gun is usually easier to shoot well. As I’ve given recommendations on brand and model before I won’t bother here. If you’re in the market for a new/used home defense handgun, just go with one that has a good reputation.

    There is one other thing I’d look for in a home defense handgun. Reliability. And before anyone starts with the whole revolvers always work nonsense, it isn’t true. Pop a primer out of its pocket in your revolver and tell me how reliable it is. Given the state of ammo quality at the moment, that’s a lot more likely than you might think. I’ve unstuck several wheelguns in the past few months, and it isn’t always all that easy to do.

    Caliber is less important. Unlike with a carry gun where the obvious choice is 9mm, you don’t have the same kinds of restrictions for a house gun. As I said above, my primary home defense pistol is a 1911 chambered in God’s caliber, .45 ACP. It’s a good choice for residential use. 10mm, the best millimeter, is another good choice, but over penetration can be an issue. The same can be said of the magnum revolver cartridges.

    Rifles

    Let’s be honest, I’m mainly talking about ARs here. If all you have is grandpappy’s old lever gun or a bolt action hunting rig, well, they will work. But. . .

    I have some reservations about recommending rifles for home defense even though a rifle is my primary ‘house gun’. That’s not to say they aren’t effective in that role, they are. It’s just that the calibers they are typically chambered in will go through your intended target and the wall behind them, and the wall behind that. If you don’t believe me, head to YouTube and search for drywall penetration tests.

    If you are going to go with a rifle for your home defense gun, there are a few things to look for. You’ll want a shorter barreled rifle. While I think a 20 inch barrel is the best length for a general use AR, the added length can make CQB movements a bit ungainly. A 16″ barrel makes more sense for a dedicated indoor gun.

    You’ll want either a forward rail section or MLOK (or any of the other slot-type mounting systems) to mount a flashlight. A quality close quarters optic is also a necessity. I like EOTech for that, but Holosun, Primary Arms and Vortex make good optics at a decent price point.

    Shotguns

    In all honesty, shottys are probably the best choice for all around home defense. They are easy to use and very effective. A quality pump or autoloader will do everything you need at inside-the-house distances. With the proper choke – Improved Cylinder – and load, there is less worry about over penetration while still having plenty of stopping power and good shot dispersion.

    You’ll probably want to mount some sort of optic, either a red dot or holographic, and a flashlight to your shotgun.

    What is the proper load? Based on my experiences, I’d go with #4 buckshot. (As an aside, I actually use SSSG shot in my home def shotgun rounds. SSSG is the euro designation for #3 buck or .25″ diameter pellets. #4 is the closest diameter shot you can get readily in the US.) Why? Well, a 1 oz 2 3/4″ 12 ga #4 buck load contains 22 .24″ diameter pellets. The same weight load with 00 buck contains 9 .33″ pellets. That’s 13 more chances to hit the target and the additional pellets eliminate the buckshot ‘donut’ that you see with most 00 buck loads.

    This next bit is going to sound repetitive, as I’m constantly banging this particular drum, but. . .

    You need to get out and train with whatever you’re using. And I don’t mean go to the range once and say good enough. I currently shoot several times a week. Am I saying you need to do that? Obviously not. But once every couple of months is probably good for most of you.

    So MVAP, what’s your home def set-up? Let us know in the comments below.

  • Saturday Shootaround

    Saturday Shootaround

    Welcome to Saturday Shootaround, your weekly source for all things 2A and shooting related. In lieu of a verse, this week I’m featuring some quotes.

    After a shooting spree, they always want to take the guns away from the people who didn’t do it. I sure as hell wouldn’t want to live in a society where the only people allowed guns are the police and the military.

    William S Burroughs

    If someone has a gun and is trying to kill you, it would be reasonable to shoot back with your own gun.

    Dalai Lama

    Laws that forbid the carrying of arms disarm only those who are neither inclined nor determined to commit crimes.

    Thomas Jefferson

    Garland v Cargill was argued in front of the Supreme Court on Wednesday. For those who aren’t inveterate court followers like me, that’s the bump-stock case. The entire case hinges on a relatively basic technical question. Under section 5845(b) of the National Firearms Act of 1934 machine guns are defined as any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger. The question before the court is whether or not a bump-stock meets that criteria. If it does not, the ATF does not have the authority to restrict them. This case wound up in front of SCOTUS after the 5th Circuit ruled in favor of Cargill and declared the ban void.

    Based on what I’ve read and heard of the arguments, the ban is likely going away. Other than the usual stupidity about guns – No Justice Jackson, a bump-stock does not shoot 800 rounds per second – the Justices seemed skeptical about the ATF’s ability to regulate them.

    Your editor had the opportunity to play with a newish gun recently, the Springfield 2020 Waypoint. While I did shoot this rifle, I didn’t shoot it enough to do an actual review, so here are my thoughts. For a retail of about $2k, you get a very well sorted, lightweight bolt gun. The model I shot had a carbon fiber wrapped stainless barrel and a carbon fiber stock with adjustable cheek piece.

    A very nice TriggerTech trigger is standard, as is a Picatinny rail and 5 QD mounting points. Accuracy was better than expected with the random factory ammo that was used for break-in. My best group was right around .6 MOA at 100m.

    2,440,730 firearm background checks were initiated with the FBI last month, bringing the total for 2024 so far to 4,678,226 according to official stats.

    Keep in mind, that number is not a 1:1 correlation with guns sold. Not all checks result in a transfer and not all transfers are for single firearms.

    Gun Porn

    This week’s gun porn comes to us from a manufacturer that used to be local to this editor.

    It’s a Baker Gun Company Drilling. Here’s what the listing has to say:

    Note: Those who have been following our auctions know that over the last year we’ve been selling on consignment a collection of guns from a Montana museum that is liquidating part of its collection.  We’re going to continue selling these off and on over the course of 2024!  These guns have been on display for decades, and most were donated by local residents and have never been for sale on the secondary market.  This is a chance to buy some interesting historical firearms, many with a Montana connection including several Sharps rifles and Trapdoor Springfields.  This gun is from that collection…unfortunatly record keeping in small museums during the 1960s and 1970s wasn’t always what you would see today, and the story behind items on display was often lost…which is the case here.  The only thing we can say with certainty is that it was in their collection for a long time.

    This gun qualfies as an ANTIQUE, and can be shipped directly any customer where it is legal to do so without going through an FFL.

    Our Take: 

    While the name L.C. Smith will be familiar to anyone with an interest in vintage shotguns, the name “Baker” probably isn’t…but these guns played an important role in the early years for L.C. Smith.  In September 1877 Lyman Cornelius Smith partnered with gunmaker W.H. Baker to form W.H. Baker & Co. in Syracuse, NY.  Baker held a number of patents for the double barrel shotguns, and the “three barrel gun”.  Baker left the company in 1880 and with several other partners formed the famous Ithaca Gun Company, which continued to produce shotguns…while hardly a household name today like Colt or Browning, Baker was there for the genesis of two of the most famous shotgun makers in the world.  With Bakers’ departure from the company, it was renamed the L.C. Smith Shotgun Company, but continued to produce the Baker designed guns…thus these being marked “L. C. SMITH MAKER OF BAKER GUN” on the top rib.  In 1886 Smith produced their most successful hammerless shotgun, and in 1889 sold the rights to the gun to the Hunter Arms Company.  It’s definitely an interesting footnote in the developement of fine American shotguns.  

    These drillings, or 3 barrel guns were produced from 1880 to 1884 in several grades ranging from a “Quality 1” priced at $75 to $80, all the way up to the fully engraved “Quality 5” priced at $200.  This was a fairly expensive gun at the time–gold was only $15 an ounce!  A cowboy in 1880 was making roughly a dollar a day, so even the base gun would have been quite a luxury.  The company pitched the third barrel in their advertisements as being a way to shoot bigger game when the opportunity presented itself…say you’re bird hunting and come across a deer–well, now you can bag that too!  These were cataloged as coming in 10 or 12 gauge over .44-40.  While .44-40 might not be considered an ideal big game cartridge today, fired from a rifle at “brush gun” ranges it was probably effective if you had decent shot placement.  Certainly better than firing bird shot at them anyway.  While they only listed .44-40, other calibers have been found on existing examples…bore on this one measured roughly .404″, so it could very well be something that was custom ordered. The shotgun barrels are 12 gauge.  While the exact number of guns produced is unknown, based on accounting records from the company it’s estimated that 1186 guns were made in total.  While the advantages of having a gun that can essentially peform the duty of two guns might seem obvious, it’s at the cost of a gun that weighs a lot (it’s almost 10 pounds unloaded), handles slow for a shotgun, and only has one shot as a rifle.  They’re also expensive…it’s a concept that just never really caught on, and they were discontinued after only a few years.  Fascinating…but not super practical.

    This particular piece is a Quality 1 piece, and so it features a black walnut stock, 30″ English stub twist shot barrels (unknown choke), and the original owner opted to pay an extra $5 for the pistol grip.  Overall she’s in nice clean condition, particuarly considering she’s at least 140 years old.  Cosmetically the metal finish shows hints of case coloring on the receiver, with an even gray patina. Barrels have a nice brown patina.  Wood has that nice smooth polished look that comes from many years of use, with the handling marks you’d expect on a field gun.  Wrist has a crack near the tang, and there’s a chip missing by the receiver, but it’s obviously been that way for decades.  These originally came with a tang sight for the rifle, but this doesn’t have one.  The tang of the trigger guard looks like it was probably repaired.  It’s a nice clean example of a historic gun that obviously saw a lot of field use, but was also obviously well cared for.  

    Mechanically, everything appears to work as it should…all three firing pins work as intended.  The action is still nice and tight and has just a hair of play in it.  The action is opened by pushing the front trigger forward (something that isn’t obvious just looking at it).  To fire the rifle barrel, the left hammer is cocked and the “switch” in front of the triggers is pushed forward…the rear trigger will then fire the rifle barrel.  Both shotgun barrels have the typical “black powder bore”…it’s pretty typical to find pitting in the barrels of guns from the black powder era–black powder is corrosive and if you don’t clean them relatively soon after shooting, they’re going to pit.  On the bright side, they still have some shine to them, so there’s that.  The rifle barrel on the other hand is still shiny…looks like it could maybe use a cleaning, but otherwise looks pretty good with no pitting I can see.  Honestly it probably wasn’t used much…these were typically just used as a heavy and somewhat unwieldy shotgun.  Might be something that could be fired with sub caliber adapters, but shooting modern smokeless 12 ga rounds in these twist barrels is probaby not a good idea.  Rifle looks like it would shoot fine, though as with any gun this age you’d want to have it inspected by a gunsmith before trying to do so.  Would certainly be a conversation starter at a Cowboy Action shoot!

    While it’s not surprising that this piece ended up out west in a museum in Montana, the exact story of how it got out here is unfortunatly lost to history…records of who owned it and how it came into the collection were either not made or have been lost.

    This is an interesting piece of history that would be a great addition to any collection! For payment we accept USPS money order, bank or cashiers check, and credit cards at 2.9%. Shipping will be UPS Ground. All our auctions begin and end on Sunday afternoons so people have time to bid when they’re not work/church/etc.  Feel free to ask questions! 

    Make:

    L.C. Smith/W.H. Baker

    Model: Baker Drilling

    Serial Number: 762

    Year of Manufacture: Circa 1880

    Caliber: 12 gauge over .44-40?

    Action Type: Drilling

    Barrel Length: 30 Inch

    Sights / Optics: Front blade

    Stock/Grip Configuration & Condition: Factory walnut stock in fair condition

    Type of Finish: Patina

    Overall Condition: Overall Fair to Good condition

    Mechanics: Everything appears to work as intended.

    Current bid on this piece of history is $1199.

  • Saturday Shootaround

    Saturday Shootaround

    Err, Sunday Shootaround. . .

    Welcome to your weekly 2A roundup, Saturday Sunday Shootaround. This week’s verse was written by Randall Jarell. Jarell was a navigator in the USAAF during WWII. the poem is titled The Death of the Ball Turret Gunner, and was written about his experiences during the war.

    From my mother’s sleep I fell into the State,

    And I hunched in its belly till my wet fur froze.

    Six miles from earth, loosed from its dream of life,

    I woke to black flak and the nightmare fighters.

    When I died they washed me out of the turret with a hose.

    While looking for news and stuff for this column, I ran across an article by Tom Knighton over at Bearing Arms. In the piece, Tom talks about author Larry Correia. Some of you may know his work. I do, though I haven’t read any in quite a while. Anyway, Larry wrote a fantastic facebook post on Fudds and gatekeeping.

    Unfortunately, I can’t get the post in question to embed here, so here’s most of it:

    I’ve got to address a really idiotic take that I see from gun guys a lot, and that’s crying about video games. As in some angsty bullshit like “hurumph these kids with the tacticool dots and lights and shit think this is Call of Duty but they ain’t respecting the real life experience of us elders hurumph hurumph.” They’re almost always old, and they’re almost always stagnant in their shooting, but think they’re all that and a bag of chips.

    First, off there’s a 100% chance this dude also whines about us losing the culture war while he bitches about video games like we’re still living in 1995 where video games aren’t a mega huge industry, big games crush hit movies by orders of magnitude, and it’s a totally mainstream activity for kids AND adults.

    I hate to break it to you old grumpy bastards, stuff like Call of Duty has turned more normies into gun people over the last 20 years than anything the NRA has done. (which side note, is another reason Wayne LaPierre pissed me off, with his blaming crime on violent video games like we’re fucking Tipper Gore crying about rock music or something, and I’m happy to see his corrupt and totally out of touch quisling ass get the boot). . .

    And those 20 year old kids you’re crying about, who’ve reliably had anti-gun propaganda crap rammed down their throats their entire lives by TV and movies and school and everything around them… Can also identify every single evil black rifle on a well stocked gun store wall by its in game name and they are super fucking pumped when they get the opporutnity to shoot one in real life… If you elitist assholes would get off your elitist fud ass and actually show them.

    I sold hundreds of guns to hundreds of newbs this way, and it friggin’ rocked. And most of those guys end up being pro-gun for the rest of their lives. And more importantly, pro-gun where it counts, on the stuff the antis are actually trying to ban, unlike the old snob bastards who’ve been fine with banning ARs as long as the gov leaves their classic wooden deer rifle alone. And thank God that generation of assholes are finally dying off, because putting up with their snooty shit for the last 30 years has driven me mad.

    but but but games aren’t real life! Well no shit, sherlock. Only the strawmen in your imagination actually think that. They’re not training. They’re an entertainment medium which makes our thing look AWESOME. John Wick isn’t real life either, but it’s sold a lot of fucking guns. And not that these old bastards will admit it, but most of them at some point got influenced by culture too, which is why they bought their first musket because it was the same one Davey Crockett used. Hell if I know, the point is they are usually really fucking old. . .

    Larry Correia Facebook

    Why am I covering this? It’s pretty simple actually; if we want to continue enjoying our 2A rights we need to bring more youths into the fold. I shoot, a lot, at a wide variety of ranges and I run into this kind of gatekeeping crap almost everywhere. I, and several of my regular shooting partners, go out of our way to show newbs how to shoot, how to set up their gear and be generally encouraging and helpful to them. I would also point out one of our authors here at the site, WhiteKnightLeo, came into the 2A community via video games.

    So, next time you’re at the range and you run into a young person, take a minute and give them a bit of encouragement not criticism.

    A New York jury has ruled that former NRA executive VP Wayne LaPierre owes the organization more than a million bucks. LaPierre and former treasurer Woody Phillips were accused of violating their fiduciary duties to the organization. Judge Joel Cohen will also decide if an outside monitor will be appointed in a bench trial starting in May. LaPierre’s fate with the NRA will also be decided at that time, as the jury recommended that he be barred from working for or serving on the board of the group.

    While the suit was pretty blatantly politically motivated, I’m of the opinion it was a Good Thing for the NRA in total. LaPierre and his closest advisors had been treating the org as their private fiefdom for far too long.

    Full disclosure, this editor is a lifetime voting member of the NRA. That said, I have not given them a penny in a long time. I prefer donating to groups that actually do work in the 2A space like GOA and FPC.

    Louisiana took an important step in becoming the 28th Constitutional carry state. The LA Senate passed SB 1, a bill that would allow lawful gun owners to carry without the need for a government-issued permission slip. The Thursday 28-10 vote fell mostly along party lines. The bill now heads to the House, where the Republicans have a 73-32 advantage.

    Gun Porn

    This week’s gun porn is a very nice Winchester 71 chambered in .348 WCF. As usual this piece is up for auction at GunBroker. Here’s what the seller has to say about it:

    Up for sale is a VERY NICE Winchester Model 71 chambered in .348 WCF!  This BEAUTY features all original wood and bluing.  I would grade this rifle overall at a 95%!  The down grade coming from small dings in the wood.  This beast is ready for its next hunt or Winchester Collector!  DO NOT miss out on your chance to get this VERY RARE rifle at a LOW price!  I have done my best to get every angle of this rare piece pictured but if you would like more or have any questions, don’t hesitate to shoot me a message!  Thanks and Happy Bidding!

    Based on the photos in the listing, I’d give it a 85-90% rather than 95%. The wood is a little rough for a higher rating. Current high bid is $1358 and the auction closes at 2100 today.