Braces, Rifles and Short Barrel Shotguns...OH MY!

Joe Biden Senate Measure Would Ensure ATF “Zero Tolerance” Policy Never Returns Mark Chesnut We reported recently how the Trump Administration’s kinder, gentler Bureau of Alcohol, Tobacco, Firearms and Explosives had rolled back its Biden-era “zero tolerance” policy which led to revocation of nearly 200-gun dealers’ federal firearms licenses over simple paperwork errors. Now, one U.S. senator is trying to make sure that policy is never again implemented should another anti-gun advocate reside in the White House. On June 2, Sen. Joni Ernst, R-Iowa, introduced S. 1922, the Fighting Irrational Regulatory Enforcement to Avert Retailers’ Misfortune (FIREARM) Act. The FIREARM ACT would make several changes that will protect lawful gun sellers in the future, including creating a safe harbor for FFLs to self-report violations, so they can correct any accidental errors and requires the ATF to work collaboratively with FFLs to fix violations and help avoid future violations. Zit would also address the “willfulness” issue by defining it to mean a voluntary, intentional violation of a known legal duty achieved through specific intent or deliberate planning, excludes previous conduct and creates a rebuttal if the conduct is not willful, and allow for direct judicial review of license revocations to avoid the ATF from serving as both judge and prosecutor. “The Biden administration’s zero-tolerance policy empowered gun grabbers in Washington to infringe on the Second Amendment and shutter small businesses,” Ernst said in a press release announcing the legislation. “Iowans spoke loud and clear in November that they were tired of bureaucratic overreach. My FIREARM Act disarms the out-of-control ATF and ensures that the rights of law-abiding gun owners are protected.” U.S. Rep. Darrell Issa, R-California, who is introducing a companion measure in the House of Representatives, said the idea is to prevent what happened to Federal Firearms Licensees (FFLs) from every happening again. “For four years, the Biden administration undermined the Second Amendment and weaponized government against law-abiding citizens and small businesses of the lawful firearms industry,” Issa said. “It is now a new day and a different Washington, and that’s why my friend Senator Ernst and I are advancing the FIREARM Act . We can stop the targeting of our citizens and prevent it from ever happening again.” The legislation was met with solid approval by several gun-rights organizations, including the National Shooting Sports Foundation (NSSF), the firearms industry trade association. “Senator Joni Ernst’s FIREARM Act will ensure that future administrations cannot weaponize the ATF as a political gun control tool for special interests,” Lawrence G. Keane, NSSF senior vice president and general counsel, said in a news item posted on the organization’s website. “Under the Biden administration, the firearm and ammunition industry witnessed the ATF being weaponized to carry out that administration’s extreme anti-gun policies. That damaged the cooperative relationships between firearm retailers, who are on the frontline preventing illegal straw purchases of firearms, and the ATF, which enforces laws to safeguard our communities. NSSF is thankful for Senator Ernst’s leadership to provide remedies that repair this necessary public trust in our federal agencies.” At the time of this writing, the text of the bill was not yet available.

Secretary of Defense Peter Hegseth Gun club alerts Secretary of Defense of their 2A fight against Fort Devens TTAG Contributor by Lee Williams The Ft. Devens Rifle & Pistol Club, Inc., warned Fort Devens officials multiple times that if they didn’t let the civilian club shoot, they would take official action. Act they did. On Tuesday, the gun club sent a letter to Secretary of Defense Peter Hegseth, notifying him of the five-year history of problems that the gun club has had with Fort officials. The letter was written by the club’s treasurer, James Gettens, an attorney and Iraq War veteran. “On instructions issued by bent DoD civilian lawyer John Hollis, Fort Devens chain of command has, since the March 20, 2025, Judgment and Order entered in the action referred to above, employed multiple stratagems to evade implementing that Judgment and Order and thus has prevented the Club and its members from using Fort Devens,” Gettens wrote. “That dishonesty and obstructionism forced the Club to file its Motion for a Finding and Order of Contempt, with supporting documents.” Copies of the letter were also sent to LTG Omar J. Jones, IV, the three-star general in charge of U.S. Army Installation Management Command, Stephen Miller, Esq., the White House Deputy Chief of Staff for Policy, the Second Amendment Foundation and the National Rifle Association. It was DoD’s civilian lawyer, Hollis, who initially stonewalled the Club’s Freedom of Information Act (FOIA) request, Gettens wrote, for which the club paid $1,056 and never received a single document. “The Club was never repaid the $1,056. Hollis should be fired for continuing misconduct,” the letter states. The Ft. Devens Rifle & Pistol Club, Inc., also told Secretary Hegseth how the Fort was over-charging their gun club and non-DoD law enforcement organizations, too. “The Club demonstrated that Fort Devens is only paying a daily rental fee of $2.29 per ‘Porta-John’ but is still charging municipal, state, and federal non-DoD law enforcement agencies more than $140 per range outing for use of a ‘Porta-John’ located near each firing range,” the gun club reported in its letter. Gettens was very clear to Hegseth about the Fort’s obstructionism. “I remind you that on February 7, 2025, President Trump signed an Executive Order upholding and promoting U.S. citizens’ Second Amendment rights.” Gettens wrote. “I suggest that you order all component commands to honor citizens’ Second Amendment rights and implement 10 U.S. Code Section 7409 honestly and in good faith.” The gun club held regular shoots at the large military base for decades until December 2020, when Joe Biden’s defense officials decided to bill gun clubs for using their ranges, which violated federal law. “Moving forward, the Department will no longer provide non-reimbursable support of any nature to other Federal, State, Territorial, Tribal, or local government entities; private groups and organizations; foreign governments; and international organizations (hereinafter non-DoD entity or entities), unless such support is required by statute or if discretionary non-reimbursable support is authorized but not required by statute. such support: (I) is authorized by the DoD Joint Ethics Regulation or DoD Public Affairs guidance; or (2) is provided after approval of an exception under the process prescribed below,” Biden’s DoD officials wrote in a June 2020 memo titled “Reimbursable Activities in Support of Other Entities.” The gun club first filed suit in August 2022. The club won the lawsuit March 20, 2025. The Fort had 60 days to appeal the court order but allowed it to expire without filing any appeal. Club members showed up to shoot on May 13, 2025, but officials wouldn’t allow them access. The club had been told they would shoot handguns, so all of the members brought handguns. However. when they arrived at the base they were told they had been reassigned to a rifle range without any notice. As part of their initial response, the gun club filed a motion for an order of contempt against Fort officials, which has officials scared, insiders say. Fort Devens public relations officer, John Quinn, had not yet received the letter. Gettens, however, was willing to talk. “Secretary Hegseth has to see the microcosm first—what the Fort did to our club. However, we know this is going on all across the nation. It has to stop.” Gettens said Wednesday. The Second Amendment Foundation’s Investigative Journalism Project wouldn’t be possible without you. Click here to make a tax-deductible donation to support pro-gun stories like this.

Florida Lifts Guns and Ammo Purchase Restrictions During Local States of Emergency Darwin Nercesian - June 6, 2025 17 comments On Wednesday, May 28, Florida Governor Ron DeSantis signed a bill into law that would end the ability of local governments to restrict the purchasing of firearms and ammunition during local states of emergency. While many, including myself, see logic in the ability to protect themselves, their homes, and their loved ones in a state of emergency, I encourage Americans to be prepared ahead of time, as shopping during difficult times can be as rough as the last bits of toilet paper on the shelf during the COVID-19 pandemic. House Bill 6025, sponsored by Republican Representatives Monique Miller and Debbie Mayfield, repeals Section 870.044 of the Florida statute, dealing with restrictions on firearms and ammunition under the state’s “Automatic Emergency Measures” during what the statute calls “Affrays; Riots; Routs; Unlawful Assemblies.” The bill’s message is simple, so simple in fact that it took a single sentence to convey and another to place into effect immediately. “Section 870.044, Florida Statutes, is repealed… This act shall take effect upon becoming a law,” the bill reads. The measure is an important one, as Floridians’ Second Amendment rights during such times are not additionally restricted by the state or federal government, but can be subject to arbitrary, confusing, and unconstitutional local laws enacted by activist city councils. This occurred in certain Florida municipalities during COVID-19, the 2020 riots after the death of George Floyd, and Hurricane Helene. Those restrictions specifically prohibited the sale or any display for sale of firearms or ammunition, and the intentional possession of a firearm in a public place by any person other than a law enforcement officer or military servicemember acting in the official performance of their duties. If preservation of life legally falls solely on those government employees during such times, would they then be subject to liability for loss of life also? No, it never works out that way with the government, where everything seems to work in its favor. But those days are gone now, at least in Florida. Residents will no longer be restricted from defending themselves from the threats of violence and public disorder brought on by the left. Jed Carroll, Florida’s deputy state director of Gun Owners of America, pointed out the obvious as he discussed a similar bill passed around the Senate, calling the former prohibitions unconstitutional, especially “at the very time when people need to be able to protect themselves.” This all comes as Governor DeSantis and the Florida Legislature have been working to restore Second Amendment rights to Floridians by looking to repeal red-flag laws and age restrictions on adults aged 18-20, scars inflicted on the state during Pam Bondi’s time as the state’s Attorney General. Yeah, let that sink in. Either way, this is a smart move that respects the natural and constitutionally enumerated rights of Americans who choose to call the Sunshine State home.

Small Claims Court From an avid reader of the blog. I won a case in small claims court. The defendant made it clear that she has no intentions of paying, even though she lost. How long should I wait before taking action? What even IS the next action? I had to sue someone for $1200 once and the judge ruled in my favor. The defendant kept making promises to pay the judgement. But then he kept failing to send anything and ignored my calls. I called his office — at that point he had no idea I knew where he worked. I was greeted with one of those call trees “press 1 for…”. There were no options that would take me to him. But one of the options was for Human Resources. I left a message with HR stating who I was and needed the defendant to call me (without telling any details of the lawsuit/judgement). The next day, I sent him a letter that included a 6 month payment plan (including statutory interest of 9%) and told him that as long as he made payments per this plan, I wouldn't pursue it further. However, the day after a missed payment, I would file the garnishment paperwork that I had already drawn up — the first payment listed was due 30 days later. A week later, I received my first payment along with a letter agreeing to the payment plan. He followed through as promised.

What is wrong with gun owners? Do they really need guns when my safety is in danger? A post from an avid reader of the blog: There is nothing wrong with me. I am a legal gun owner. I obey the law. I have a concealed permit, even though my state does not require one. Concealed carry permit holders are 1/10th as likely to commit a crime with a gun as a sworn, active-duty police officer. Police officers are extremely unlikely to commit a crime with a gun, so that shows you how unlikely I am to do so. So, you have nothing to fear from me, even though I carry my firearm daily. That said, from here on out, I promise to NOT use my firearm to help protect you, should you ever find yourself in danger and needing someone with a firearm to help you. You want to be a melted snowflake? Be my guest.

North Tonawanda man arrested, facing multiple drug and gun charges Thursday, June 12, 2025 U.S. Attorney's Office, Western District of New York BUFFALO, N.Y.–U.S. Attorney Michael DiGiacomo announced today that Tre Smitherman, 31, North Tonawanda, NY, was arrested and charged by criminal complaint with possession with intent to distribute cocaine, possession of a firearm in furtherance of a drug crime and being a felon in possession of a firearm. The charges carry a mandatory minimum penalty of five years in prison, a maximum life, and a $1,000,000 fine. Assistant U.S. Attorney Jeffrey E. Intravatola, who is handling the case, stated that according to the complaint, on November 6, 2024, the Niagara County Drug Task Force executed a search warrant at Smitherman’s Oliver Street residence and on his vehicle. During the searches, investigators recovered a loaded pistol, quantities of cocaine and methamphetamine, drug paraphernalia, and $3,789.00 in cash. In 2014, Smitherman was convicted of a felony in New York State Court and is legally prohibited from possessing a firearm. The complaint is the result of an investigation by the Niagara County Drug Task Force, under the direction of Sheriff Michael Filicetti, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the direction of Special Agent-in-Charge Bryan Miller, New York Field Division. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty. # # # # Contact Barbara Burns 716-843-5817

ATF NEWS: California Riots Contact: PIO Ashlee Sherrill Friday, June 13, 2025 ATF National Response Team deploys to Los Angeles. Investigators seek the public’s help in arson cases LOS ANGELES – The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has deployed its National Response Team (NRT) to Los Angeles to investigate a series of fires set during recent civil unrest. ATF is working closely with the Los Angeles Police and Fire Departments, the Los Angeles County Sheriff’s Office, and the California Highway Patrol. Several law enforcement and self-driving vehicles were set on fire, along with the LAPD Headquarters Facility, since the unrest began. The NRT's mission is to determine the origin and cause of these fires and identify those responsible. “The cause of these fires is quite obvious,” said ATF Special Agent in Charge Kenneth Cooper of the Los Angeles Field Division. “The task at hand now is to determine who is responsible. ATF’s National Response Team is going to be a tremendous asset, and we look forward to the results of their efforts to hold the responsible parties accountable.” Investigators are asking anyone who was near the affected areas and may have captured photos, videos, or other useful information is asked to contact ATF. Call 1-888-ATF-TIPS (1-888-283-8477), email ATFTips@atf.gov or submit information anonymously via www.ReportIt.com or the Report It mobile app, available on Google Play or Apple App Store. When using Report It, select “ATF – Los Angeles Field Division” as the reporting agency. “We’re grateful to community members willing to step forward,” Cooper continued. “If you have information about who was involved, or footage of the events, we encourage you to share it. The people of Los Angeles don’t deserve the destruction of their communities, and we’re here to help hold people accountable.” Each team includes veteran ATF Special Agents with expertise in post-blast and fire origin-and-cause determinations, along with forensic chemists, explosives enforcement officers, fire protection engineers, accelerant detection canines, explosives detection canines, and specialists in intelligence, computer forensics, and audit support. Together, they work with local partners to reconstruct scenes, identify fire origins, conduct interviews, and sift debris for evidence. Since its founding in 1978, the NRT has deployed to 932 major fire and explosion incidents, including 12 activations this fiscal year alone. The team can typically deploy within 24 hours and brings cutting-edge tools such as unmanned aerial systems, 3D scanning, forensic mapping, and portable labs to assist investigations. This marks the NRT’s most recent deployment to Los Angeles since the January 2025 investigation into the Pacific Palisades fires. That case remains under investigation. Notable past NRT deployments include: • Maui Wildfire Disaster – One of the deadliest U.S. fires in over a century, requiring intricate investigation amid severe wind and rapid spread. • Conception Dive Boat Fire – A deadly fire near Santa Barbara where NRT helped uncover critical evidence, leading to reforms in marine safety. • 2020 Midwest Civil Unrest – More than 200 arson scenes processed, resulting in evidence used to make arrests and secure prosecutions. ATF is the federal agency responsible for investigating arson and fire-related crimes. For more information, visit www.atf.gov and follow @ATFHQ and @LosAngelesATF on X for updates. ###

Newton Man Pleads Guilty to Federal Firearm Offense Friday, June 13, 2025 U.S. Attorney's Office, District of Massachusetts BOSTON – A Newton man pleaded guilty on June 10, 2025 in federal court in Boston to illegally possessing two firearms and ammunition. James Welch, 29, pleaded guilty to one count of being a felon in possession of a firearm and ammunition. U.S. District Court Judge Denise J. Casper scheduled sentencing for Sept. 11, 2025. Welch was charged in February 2025. On Feb. 28, 2025, during a search of the defendants’ Newton residence a pistol and a rifle, as well as ammunition were recovered. Welch is prohibited from possessing firearms and ammunition due to multiple prior felony convictions. The charge of possessing ammunition after being convicted of a felony provides for a sentence of up to 15 years in prison, three years of supervised release and a fine of a $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case. United States Attorney Leah Foley and Scott Riordan, Acting Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division made the announcement today. The Newton Police Department provided valuable assistance with the investigation. Assistant U.S. Attorney Eric L. Hawkins of the Major Crimes Unit is prosecuting the case. Updated June 13, 2025

No permit concealed carry proposal expected to reach Stein on Friday Story by Alan Wooten Says instructor Gregg Kielma, "it's great you don't need a ccw in most states. It's our constitutional right to bear arms. However, please know the laws pertaining to carrying a firearm. Ignorance of the law will not be tolerated. Continues Kielma, I teach a constitutional carry class to enlighten people of the laws should you need to use the firearm in self-defense. It's imperative you know what to do and what to say and not say in the event you unholster the firearm and point it at another human being. Just because you can now carry a firearm without a permit, the onus is on you to know the laws and repercussions. Again, not knowing is not an excuse. Please see Alan's article below". Not if but when. Legislation ratified by the General Assembly to make North Carolina the 30th state for carrying a concealed handgun without a permit is scheduled to be delivered to Gov. Josh Stein on Friday. The legislative website’s date for delivery of Freedom to Carry NC, as Senate Bill 50 is entitled, would be Day 0 of the 10 days he has to sign, allowing to become a law without his signature or veto. Stein, asked earlier this month about the proposal as it went through committee, and said his standard is public safety. He reserved right to see the final version and said if the bill “doesn’t make us safer” he would reject it. If he gets it Friday, June 23 is his decision deadline. Turning it down is expected after both chambers stuck mostly to their party lines. In the House of Representatives where majority is 71-49 and 72 are needed for veto override if all 120 vote, Republican Reps. William Brisson of Bladen County and Ted Davis Jr. of New Hanover County were noes and no Democrats were in favor. Passage was 59-48 with 13 excused; in the Senate, passage was party line 26-18 back on March 20 with six excused. Senate majority is 30-20 Republicans. Veto overrides require three-fifths majority of each chamber. “This is a great day for law-abiding gun owners across North Carolina,” said Rep. Keith Kidwell, R-Beaufort. “I’m proud the House stood up to affirm the fundamental right to keep and bear arms. Senate Bill 50 restores freedom and trust to responsible citizens while ensuring that criminals face stronger penalties for breaking the law.” Related video: NC lawmakers pass bill removing concealed carry permit requirement (WVEC-TV Norfolk)