July Blog: THE USE OF DEADLY FORCE

Embattled Minnesota Gun-Rights Advocates Launch New Gun Owners Law Center Initiative Mark Chesnut Minnesota gun owners are facing some harsh proposals as Gov. Tim Walz has the legislature meeting in a special session to consider passing additional gun control laws in the wake of the shooting at the Annunciation Catholic Church. Fortunately for Minnesota gun owners, gun-rights leaders in the state are just lying down and playing dead. On September 18, the Minnesota Gun Owners Caucus (MGOC) announced the formation of the Minnesota Gun Owners Law Center (MNGOLC), a brand new 501(c)(3) nonprofit organization dedicated to aggressively defending and expanding the constitutional rights of Minnesota gun owners through legal action. According to a press release distributed by the MGOC, Rob Doar, co-founder of the Caucus and longtime advocate for Minnesota’s gun owners, will step into the role of president of the Minnesota Gun Owners Law Center. In that capacity he will lead strategic legal efforts on behalf of gun owners across the state. Bryan Strawser, chair of MGOC and MGOLC said Minnesota gun owners deserve aggressive action, and that’s what they’ll get with Doar at the helm of the Law Center. “For years, the Caucus has fought against unconstitutional laws at the Capitol and in the courts,” Strawser said. “Now, we have in-house capacity to pursue aggressive legal action to restore Second Amendment freedoms without relying solely on outside counsel. This is a game changer.”

Why Are FPC, SAF Having To Battle Trump’s DOJ Over Young Gun Owners’ 2A Rights? Mark Chesnut Two separate court battles—one in Louisiana and one in Illinois—paint a curious picture of a seemingly divided Trump Administration Department of Justice (DOJ) when it comes to the Second Amendment right to keep and bear arms. As we’ve reported, the DOJ filed a brief and is actually set to testify before the 7th Circuit Court of Appeals that it believes Illinois ban on so-called “assault weapons” is unconstitutional and should be overturned. The brief even states: “Illinois violated the Supreme Court’s clear directive that States cannot prohibit arms that are ‘in common use’ by law-abiding citizens for lawful purposes.” Unfortunately, and illogically, two gun rights groups—the Firearms Policy Coalition (FPC) and Second Amendment Foundation (SAF) are having to fight the very same Trump DOJ in a Louisiana case focused on the rights of American gun owners who are 18, 19 and 20 years old. In that case, Reese v. ATF, the DOJ is working hard to avoid an injunction blocking enforcement of the federal ban on sales of handguns and handgun ammunition to adults under 21 years of age. The DOJ has argued for a narrow proposed judgment that would leave those unconstitutional gun control laws in place for virtually everyone in the United States. And that’s not something the good folks at FPC can live with. “In the latest brief, FPC and its co-plaintiffs explain that the law requires complete and meaningful relief for all members, not just the few individuals originally named in the lawsuit as proposed by the government,” the organization wrote in a press release on the lawsuit. “To that end, they point out that both the Supreme Court and the Fifth Circuit have long recognized the ability of membership organizations to vindicate the rights of their members, and that this case is no different.”

Why would you bring a gun and/or firearm into a gun store for cleaning? Gregg Kielma Says Gregg Kielma, Gunsmith, I've spent a lot of time gun smithing. Case study: I had a LEO former; retired LEO bring in his Colt Trooper MkIII for cleaning. His reason was that he could not get a jammed round out of his gun. Continues Kielma, as a Gunsmith, I do not like working with live rounds that are “stuck”. Could make for a bad day. My professional opinion, after evaluating the firearm, he never cleaned the gun, and his department, at that time had qualifications once a year. He had never removed the old rounds after qualification, just loaded it with .357 mag rounds and had never im my opinion ever cleaned the weapon. It took me about 30 minutes with wooden dowels and a brass hammer to drive the old ammo out of the revolver and a couple of hours of ultrasonic cleaning to get all the debris out of the firearm, a major process, but when it was cleaned, it functioned like a new one. I advised him to practice more and use up his older ammo and taught him how to clean the gun. Later some of his friends started bringing me their firearms and let me know he passed away a few years ago. Amen, thank you sir for your service. Your missed.

Gregg Kielma in HIs Gun Shop Husband NOT Wife would like to purchase a firearm for the house, but the wife disagrees. What are your opinions on guns in the house? Let's Take a Look Gregg Kielma Says Gregg Kielma, Firearms Instructor and Safey Consultant, your relationship dynamics matter, but if he’s set on buying a gun, consider agreeing if he commits to practicing safe handling—such as taking a shooting or safety class and regularly using the firearm. If children are in the home, please have an accessible gun safe. Continuing Kielma advises, while statistics show owning a gun is generally safer, proper training and safety measures may and will reduce risks. Personal experience shows firearms can be used defensively, but safety remains essential.

2nd Circuit Court Upholds Some Portions Of New York’s Sensitive Places Gun Ban Mark Chesnut A U.S. Court of Appeals has ruled that some of New York’s restrictive gun law that designates certain areas as “sensitive locations” can be allowed to stand. A lower court in the case Frey v. New York, U.S. District Judge Nelson Stephen Roman plaintiffs’ request for an injunction in 2023. On September 19, a three-judge panel of the New York City-based 2nd Circuit Court of Appeals affirmed the lower court’s decision denying gun owners a preliminary injunction against parts of the state’s so-called “Concealed Carry Improvement Act” (CCIA), which was passed as a kneejerk reaction shortly after the Bruen ruling overturned their previous law. Plaintiffs argued that CCIA wrongly designates huge amounts of public areas as “sensitive locations” where firearms are completely banned, leaving them defenseless against armed criminals who don’t follow such laws. They specifically challenged three provisions of the law—ban on carrying guns in Times Square, the New York City subway, and the Metro-North commuter rail system, the complete ban on open carry and the requirement to obtain a city permit to carry in New York City, along with the state permit. Unfortunately, the three-judge panel ruled that New York’s restrictions fall within the country’s historical tradition of gun regulation, a priority handed down in the Bruen decision. Consequently, the court held, the provisions did not violate the Second Amendment rights of the plaintiffs. “There is perhaps no public place more quintessentially crowded than Times Square,” the court ruling stated. “Extending approximately from 40th to 53rd Street, and from Sixth to Ninth Avenue in Manhattan, this block at the heart of Manhattan, known as the ‘Crossroads of the World,’ teems with ‘rivers of neon and seas of tourists.’ The Nasdaq Exchange and Broadway theaters, as well as hundreds of restaurants and stores are among those that call it home.”

DOJ Gets Involved In Another State AWB Case Mark Chesnut We reported recently how the U.S. Department of Justice (DOJ) had gotten involved in the lawsuit challenging Illinois’ ban on so-called “assault weapons.” In the case Barnett v. Raoul, the DOJ not only filed a brief supporting the plaintiffs’ challenge to the law, but also will be participating in oral arguments before the 7th Circuit Court of Appeals. Now, DOJ officials have put New Jersey’s ban on common semi-automatic rifles and magazines holding more than 10 rounds directly in their crosshairs. On September 18, the DOJ filed a brief in support of the challenge to the state law in the case New Jersey State Rifle & Pistol Club v. Platkin. According to a report at Nraila.org, in late July the district court hearing the case held the “assault firearm” ban to be unconstitutional, but limited its ruling only to the Colt AR-15. The court also upheld the ban on firearm magazines that hold over 10 rounds. Plaintiffs appealed the ruling, and the cases will now be considered by the full 3rd Circuit Court of Appeals. The DOJ’s brief in the case argued that the Second Amendment protects the right to keep and bear arms for any lawful purpose, not only self-defense or sporting purposes. “These consolidated cases pose important questions about the scope of the Second Amendment’s protections,” DOJ wrote in the brief’s introduction. “The United States has strong interests in ensuring that these important questions are correctly resolved; that the Second Amendment is not treated as a second-class right; and that law-abiding Americans in this circuit are not deprived of the full opportunity to enjoy the exercise of their Second Amendment rights.”

Minnesota Dems Preview Proposals For Special Legislative Session On Gun Control Mark Chesnut The first hearing of the Minnesota special legislative session called by Democrat Gov. Tim Walz to ban millions of privately owned firearms and force several other infringements upon state gun owners revealed some of the measures that will likely be considered. According to a report at grandforksherald.com, the September 15 meeting included not only lawmakers, but also parents of children that were hurt in the shooting at Annunciation Catholic Church, where a trans man fired into the windows of the church during the school’s first Mass of the year. At the top of the wish list, of course, is banning so-called “assault weapons,” popular semi-auto firearms owned by millions of Americans who use them for sporting shooting, hunting, competition and other legal purposes. Of course, when a deranged criminal uses such rifles to kill children he has barricaded into a church, suddenly it’s the gun that is the culprit. Interestingly, reports from law enforcement following the attack indicated that the perpetrator also used a shotgun and handgun, along with a rifle. It’s unclear whether Democrat lawmakers will call for a total ban on shotguns and handguns as a result. Other Democrat proposals mentioned during the hearing include a re-enactment of the state’s binary trigger ban, which was struck down last month by a district court, a requirement for serial numbers on guns, safe storage requirements, gun safety training and the creation of a civil commitment division in the Attorney General’s Office. Incidentally, there have been no reports that the attacker at Annunciation Church used a binary trigger, a gun without a serial number or a gun that was stored unsafely.

Nikki Freed Florida Democrats Trash Open Carry Ruling September 22, 2025 24 comments While Florida gun owners are celebrating the recent court ruling overturning the state’s ban on open carry of firearms, anti-gun Democrats in the Sunshine State are much less enthused. In fact, some are downright angry over the situation. On September 10, Florida’s First District Court of Appeals ruled that the open carry ban violates citizens’ Second Amendment rights, reversing the conviction of the central figure in the case. Then, on September 15, Florida Attorney General James Uthmeier sent a letter to law enforcement agencies and prosecutors stating that “no Florida court will any longer be empowered to convict a defendant” under the ban, and that his office will no longer defend such prosecutions. Now, anti-gun lawmakers in the state, particularly those of the Democrat persuasion, are speaking out against the ruling, promising certain tragedy—despite the fact that 47 other states already allow open carry of firearms. One of the most vocal critics is Florida Democrat Party Chair Nikki Fried. In a news release distributed by the party, which handily appeared on the same pages as an opportunity to donate to the party, Fried bashed the court’s decision. “I have a long history advocating for the rights afforded in the Second Amendment and have previously petitioned Courts to uphold those rights for all citizens,” Fried said. “However, I strongly believe that the First District Court of Appeals has erred in its recent opinion, which paves the way for open carry in the State of Florida.” Of course, the phrase, “I support the Second Amendment, but … has been uttered by anti-gun politicians, bureaucrats and activists ever since they decided that truth wasn’t important to the gun control debate. But I digress.

Can a loaded firearm go off without pulling the trigger? Says Gregg Kielma firearms trainer and firearm enthusiast, I have never had a firearm discharge by itself. I’ve dropped a few, not many at all, however, never had a negligent discharge, ever. Can it happen? I understand the Sig 320 semi auto firearm when accidentally dropped has discharged. Check out the reviews on this firearm. Would I own a Sig P320, no. Would I own the Sig P365 and carry it absolutely. Negligent discharge refers to the unintentional firing of a firearm due to carelessness or failure to follow safety protocols, and it can have serious legal and personal consequences. Definition and Distinction • Negligent Discharge: This occurs when a firearm is unintentionally fired due to a lack of care or failure to adhere to basic safety rules. It is often the result of human error, such as improper handling or not keeping the finger off the trigger. • Accidental Discharge: In contrast, an accidental discharge typically involves mechanical failures or unexpected events, rather than human negligence. Many experts argue that what is often labeled as an accidental discharge is actually a negligent discharge. Legal Implications • In some jurisdictions: such as California, negligent discharge is defined legally under Penal Code § 246.3. It involves willfully discharging a firearm in a grossly negligent manner, which could result in injury or death. This can lead to misdemeanor or felony charges, with penalties including imprisonment. • To be convicted of negligent discharge: it must be proven that the individual acted with gross negligence, meaning a reasonable person would have recognized the risk involved in their actions. Causes of Negligent Discharge • Human Error: Most negligent discharges occur due to carelessness, such as failing to follow firearm safety rules, improper handling, or leaving a firearm unsecured. • Poor Trigger Discipline: A common cause is improper trigger finger placement, where the shooter inadvertently pulls the trigger while handling the firearm. Prevention Strategies • Follow Safety Rules: Adhering to fundamental firearm safety rules can significantly reduce the risk of negligent discharges. These include treating every firearm as if it is loaded, keeping the finger off the trigger until ready to shoot, and ensuring the firearm is pointed in a safe direction. • Proper Training: Comprehensive training on firearm safety and handling can help prevent negligent discharges by educating users on the risks and responsibilities of firearm ownership. Conclusion Negligent discharge is a serious issue in firearm safety that can lead to severe consequences, both legally and personally. Understanding its definition, causes, and prevention methods is crucial for responsible firearm ownership and safety. By following established safety protocols and receiving proper training, the likelihood of such incidents can be minimized. Lets take a look at what Andrew said recently on my blog Complex Question. I’ve dropped a Glock 9mm right on the back of the slide from 6′… no discharge. I’ve dropped a flattop old model .44 mag Ruger from 4′ and blew a hole through the ceiling missing me by 3″ or less. I've fired an M60 belted to the max, removed the trigger group and let the ammo fly until the rounds cooked off before the firing pin hit…ie. we removed the trigger in a fully automatic belted firearm. I've had a 9mm AR15 platform go off when I released the bolt group. Just like and old school Ingram Mac 45 that has a fixed firing pin and fires from an open bolt… i.e. cocked back just far enough not to engage the trigger, but the spring was heavy enough to cause the fixed firing pin to strike the primer. So… I've personally had 4 out of 5 experiences where I didn't pull the trigger and the gun discharged. So accidentally dropping a loaded old school revolver that didn't have that additional safety installed but had a load under the hammer when it should have been empty. So…Do guns discharge without pulling the trigger. It depends on the firearms. Knowledge is king. Research what you are purchasing, get opinions from Gunsmiths ask the critical questions. Know before you buy! They only fire when something, a physical action, initiates the gun to go fire. If the mechanical failure is with the hammer and trigger systems, yes, they can fire…but that's a mechanical failure ie. dropped or misuse of the firearm.