Gun Companys and Americans... Check Out Bidens New "Laws"
Gregory Kielma • October 31, 2023
Biden Administration Opens a New Front in its War on Guns and the Companies That Make Them
By Larry Keane -October 31, 20237
President Joe Biden is stepping up his effort to cripple the firearm industry, the one industry that provides the means for law-abiding citizens to exercise their Second Amendment rights.
President Biden’s Commerce Department issued a new and unprecedented edict that bans the export of firearms, ammunition and certain accessories to most overseas markets. The Commerce Department’s Bureau of Industry and Security posted a notice of a 90-day “pause” for the exports on a Friday afternoon – on the Frequently Asked Questions Section that’s listed on the bottom the BIS website.
The “Friday news dump” was apparently an attempt to slip the kneecapping of the industry under the radar. However, this appears to be a coordinated event and more evidence of gun control groups steering domestic and foreign policy for the Biden administration.
Earlier Attacks
President Biden’s revulsion that Americans would actually choose to exercise their Second Amendment rights has long been clear. He labeled firearm manufacturers “the enemy” at the outset of his campaign for The White House. That was a purposeful choice of words. He didn’t say the firearm industry “opposed” his policies, nor did he say it was an “adversary.” He chose to call the firearm industry “the enemy,” labeling it as an existential threat to the America he wanted to fashion during his administration.
Since he was inaugurated, Biden has taken every opportunity to wage a campaign against the firearm industry and gun owners in general. He nominated David Chipman, a gun control lobbyist, to lead the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). The ATF, of course, is the federal agency that regulates the firearm industry. His nomination was akin to putting the fox in charge of the hen house. NSSF opposed and his nomination was withdrawn. Director Steve Dettelbach was later nominated and confirmed by the U.S. Senate.
Giffords David Chipman ATF
Giffords Law Center Senior Policy Advisor David Chipman (AP Photo/Andrew Harnik)
There’s also the ATF’s “zero-tolerance” policy that has seen federal firearms licenses (FFLs) revoked and businesses closed for minor clerical errors, even in cases that were addressed and closed. Some of those cases were reopened to revoke licenses and shut down businesses and livelihoods. As part of that pressure campaign, there’s been a significant increase in the number of “voluntary” license surrenders by business owners who agreed to give up their licenses instead of fight the weight of the federal government over the onerous policy.
President Biden has used nearly every lever of government he can to erect roadblocks to law-abiding citizens to exercise their Second Amendment rights and hobble the firearm industry’s ability to meet the demands of gun owners. He issued Final Rules through the Department of Justice (DOJ) and ATF to attempt an end-around Congress and redefine “frames or receivers” and ban stabilizing pistol braces.
The frame or receiver rule outlawed the sale of unfinished firearm parts kits and his stabilizing pistol brace rule redefined brace-equipped pistols as short-barreled rifles, requiring that they be registered as controlled items under the National Firearms Act, requiring tax stamps and submission of fingerprints, photos and redundant background checks.
Both Final Rules are being challenged in the courts as unconstitutional. That’s because they are. The Final Rules create criminal law without the consent and will of Congress. It is important to remember that only Congress can write laws – especially those that involve criminal punishments. When an executive authority does that on its own, that’s tantamount to tyranny.
President Biden also took aim at gun owners and hunters by kowtowing to anti-hunting and antigun special interests to ban the use of traditional lead ammunition on National Wildlife Refuges (NWRs). His administration hasn’t done this just once – but twice (and just last week). These rules phase out the use of traditional lead ammunition and require more expensive and less available alternative ammunition. It was announced that it was to protect wildlife populations from the detrimental effects of the use of traditional ammunition.
Shotgun ammunition shells lead
President Biden promised his administration would “follow the science,” except it isn’t. There is no peer-reviewed, site-specific evidence to support the U.S. Fish and Wildlife Service (USFWS) claims. They published the rules claiming to protect human health, California condors and American bald eagles. But the sites where they are banning the ammunition don’t hold condor populations.
The Centers for Disease Control and Prevention’s own research demonstrates there is no human risk from consuming game harvested using traditional ammunition. American bald eagles are thriving, in large part because of the contributions paid by firearm and ammunition manufacturers through Pittman-Robertson excise taxes. That’s benefited wildlife conservation to the tune of over $25 billion since 1937, when adjusted for inflation.
The Latest Salvo
Now, the Biden administration has slipped in this “pause” on firearm exports. That’s significant for several reasons.
First, President Biden campaigned on reversing the U.S. Munitions List to Commerce Control List (USML-CCL) export reforms that were begun under the Obama-Biden administration and completed by the Trump administration. Those reforms reduced regulatory costs and streamlined exports while strengthening end-to-end user checks to ensure firearm exports weren’t being sent overseas to bad actors.
Opponents of these reforms include disgraced U.S. Sen. Bob Menendez (D-N.J.), who coveted his Senate oversight role to bless or block any firearm exports under the old rules.
Senator Robert Menendez New Jersey
It’s now apparent why he so zealously wanted that oversight back. The longtime ally of President Biden was recently indicted on federal corruption and bribery charges that stem from him greasing the skids for small-arms shipments to companies in Egypt. FBI officials raided his home and found hundreds of thousands of dollars wadded up and stuffed in his jacket pockets, along with stacks of gold bars. The twice-indicted senator has also been charged with illegally acting as an agent for the Egyptian government.
The export “pause” is unprecedented and the timing is suspect. The Biden administration’s new Office of Gun Violence Prevention, which is staffed by gun control lobbyists and activists, just concluded a roundtable meeting with Democratic lieutenant governors to explore new ways they could collaborate on more gun control.
It also took place in the wake of successive Bloomberg News features that called into question exports to foreign countries, falsely alleging that U.S. manufacturers are somehow complicit in stoking crime.
One was an attack on SIG SAUER over crime in Thailand and a later article focused on Central and South America. Another attacked the Commerce Department’s role in assisting U.S. manufacturers at NSSF’s annual SHOT Show. That’s something the Commerce Department does for all industries.
Bloomberg News is owned, of course, by Michael Bloomberg. He’s the billionaire former New York City mayor who flamed out on his own attempt to occupy the Oval Office. He also ran an undercover sting to uncover illegal gun trafficking in other states…without notifying the ATF or FBI. That put the lives of federal agents in jeopardy and was subsequently chastised by his own police chief and the U.S. Department of Justice.
Michael Bloomberg
Bloomberg is also the financier of Everytown for Gun Safety and their mouthpiece The Trace, the gun control group that now has office space in The White House, along with other gun control projects he’s funding, such as Moms Demand Action, Students Demand Action and the Center for Gun Violence Solutions at Johns Hopkins University’s Bloomberg School of Public Health. When you pay that much money to fund gun control, universities name an entire school after you.
During this so-called “pause” in exports, the Commerce Department will conduct a “policy review to determine if changes are warranted to advance U.S. national security and policy interests.” Of course, this raises concerns that under the guise of human rights, the Biden administration will actually attempt to undo the USML-CCL reforms, extend the “pause” indefinitely, impose unwarranted regulatory burdens to increase costs to exporters and close off overseas markets to American firearm manufacturers.
Purely Political
All firearm and ammunition exports, of course, are subject to Defense and State Department review, which can halt exports if there are concerns. Firearm and ammunition license applications undergo a 100 percent end-user check by the BIS Office of Export Enforcement. They do this regardless of how long a company has been doing business with a particular customer, regardless of how many times the buyer was subjected to an end-user check and regardless of whether BIS has no derogatory information on that customer, even if the end-user was recently approved.
At present, no other commodity is subject to this same 100 percent check requirement. The kicker is that The White House has complete authority to regulate the export of firearms. That’s what exposes this “pause” as being purely politically motivated.
In July, the Biden administration sought to create a new division within BIS called “Embargoes and Human Rights.” With the assistance of the U.S. House of Representatives Committee on Commerce, Justice and Science, this creation of the division was blocked. It could be that the export “pause” is political payback.
There’s no right to export and the decision to grant or deny a license is purely a function of the national security and foreign policy assessment of those in charge. The USML-CCL reforms give the administration complete and essential unfettered discretion. BIS invoked national security and foreign affairs as the reason for the pause.
Congressional reaction to this move comes through the power of the purse. Congress can – and must – act through appropriations to ensure that the Biden administration is held accountable for its attempt to kneecap the industry through this unprecedented halt in exports
This is a naked attempt by the Biden administration to hobble the firearm industry, which President Biden made more than clear he despises. It’s also a shameless favor to the gun control industry that have bought their way into The White House and are now using foreign policy to exert their influence over domestic policy.
The American firearm industry has been called the “arsenal of democracy” because a strong and robust small arms manufacturing base has armed and equipped our law enforcement at home and our military and allies abroad. President Biden’s export “pause” is an attempt to weaken that capability and diminish the industry that provides the means for Americans to exercise their Second Amendment rights.
Larry Keane is SVP for Government and Public Affairs, Assistant Secretary and General Counsel of the National Shooting Sports Foundation.
Brazilian National Sentenced for Selling Firearms Without a License and Conspiracy Thursday, November 13, 2025 U.S. Attorney's Office, District of Massachusetts BOSTON – A Brazilian national unlawfully living in Milford was sentenced on Oct. 24, 2025 in federal court in Worcester for conspiracy and engaging in the business of selling firearms without a license. Rafaell Martins Ferreira, 28, was sentenced by U.S. District Judge Margaret R. Guzman to time-served (approximately 13 months) followed by two years of supervised release. The defendant is subject to deportation upon completion of the imposed sentence. In July 2025, Martins Ferreira pleaded guilty to one count of conspiracy to engage in the business of dealing firearms without a license and one count of engaging in the business of dealing firearms without a license. Between February and March 2024, Martins Ferreira sold two firearms to cooperating witnesses without the required license. In addition, Martins Ferreira indicated he had access to additional firearms. One of these firearms included a large capacity magazine (capable of holding more than 15 rounds of ammunition). United States Attorney Leah B. Foley; Thomas Greco, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division; Michael J. Krol, Special Agent in Charge of Homeland Security Investigations in New England; Patricia H. Hyde, Field Office Director, Boston, U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations; and Ketty Larco-Ward, Inspector in Charge of the U.S. Postal Inspection Service’s Boston Division made the announcement. Valuable assistance was provided by the Massachusetts State Police and the Milford Police Department. Assistant U.S. Attorneys Michael J. Crowley and John Reynolds of the Organized Crime & Gang Unit prosecuted the case. Updated November 13, 2025
FEDERAL JURY CONVICTS PENSACOLA MAN FOR SHOOTING AT DEA SPECIAL AGENT Thursday, November 13, 2025 U.S. Attorney's Office, Northern District of Florida PENSACOLA, FLORIDA – Austin James McCastler II, 36, was convicted by a federal jury on two counts of distribution of methamphetamine, possession with intent to distribute fentanyl and marijuana, possession of a firearm in furtherance of a drug trafficking offense, possession of a firearm and ammunition by a convicted felon, attempted prevention of the government’s authority to take property during an authorized search and seizure, assault with a deadly weapon of a Special Agent of the Drug Enforcement Administration, and discharging a firearm during a violent crime. John Heekin, United States Attorney for the Northern District of Florida, announced the verdict today. US Attorney Heekin said: “This case exemplified the extreme dangers faced by the brave men and women of law enforcement who put their lives on the line every day to keep our communities safe from violent criminals. I am incredibly proud of the outstanding trial work by the talented prosecutors in my office that resulted in this successful verdict.” Trial testimony and evidence revealed that, after undercover law enforcement purchased methamphetamine from McCastler’s Pensacola residence on two occasions, a search warrant was obtained to search for and seize illicit narcotics from his home. On March 7, 2025, law enforcement attempted to execute the lawful warrant. McCastler would not comply with orders to surrender to law enforcement, and he armed himself with his American Tactical Imports assault rifle. As law enforcement surrounded the residence, McCastler opened fire, including one shot intended for the DEA Special Agent. McCastler then fled from the residence, jumped in his vehicle, and a high-speed chase ensued. The Escambia County Sheriff’s Office was immediately on the tail of McCastler and eventually immobilized his vehicle in traffic. McCastler then tried to flee on foot, but law enforcement captured him. A search of his residence ultimately revealed the loaded assault rifle, a second firearm, dozens of rounds of ammunition, fentanyl, and marijuana, amongst other things. McCastler is scheduled for sentencing on February 10, 2026, before United States District Judge M. Casey Rodgers. McCastler, who has more than five prior state felony convictions, faces up to life imprisonment. The Bureau of Alcohol, Tobacco, Firearms and Explosives, the Drug Enforcement Administration, the Florida Department of Law Enforcement, the Escambia County Sheriff’s Office, the Pensacola Police Department, and the Santa Rosa County Sheriff’s Office investigated the case. Assistant United States Attorneys David L. Goldberg and Jessica S. Etherton prosecuted the case. This case is part of Operation Take Back America (https://www.justice.gov/dag/media/1393746/dl?inline ) a nationwide initiative that marshals the full resources of the Department of Justice to repel the invasion of illegal immigration, achieve the total elimination of cartels and transnational criminal organizations (TCOs), and protect our communities from the perpetrators of violent crime. Operation Take Back America streamlines efforts and resources from the Department’s Organized Crime Drug Enforcement Task Forces (OCDETFs) and Project Safe Neighborhood (PSN). The United States Attorney’s Office for the Northern District of Florida is one of 94 offices that serve as the nation’s principal litigators under the direction of the Attorney General. To access available public court documents online, please visit the U.S. District Court for the Northern District of Florida website. For more information about the United States Attorney’s Office, Northern District of Florida, visit http://www.justice.gov/usao/fln/index.html. Contact United States Attorney’s Office Northern District of Florida USAFLN.Press.Office@usdoj.gov X: @USAO_NDFL Updated November 13, 2025
Parrish Man Sentenced To More Than Eleven Years For Firearms Offense U.S. Attorney's Office, Middle District of Florida Tampa, Florida – U.S. District Judge Mary S. Scriven has sentenced Jason Peterson (29, Parrish) to 11 years and 5 months in federal prison for possession of a firearm by a convicted felon. The court also ordered Peterson to forfeit the firearms possessed in connection with the offense. Peterson pleaded guilty on June 11, 2025. According to court records, on November 16, 2024, deputies from the Manatee County Sheriff’s Office responded to a 911 call from a residence in Parrish. The caller stated that Peterson had previously battered her and was in possession of a firearm. Deputies arrested Peterson and recovered a Smith & Wesson handgun and a Bauer handgun from the residence. ATF agents interviewed Peterson after his arrest. Peterson admitted to possessing the Smith & Wesson handgun and knowing that he could not possess a firearm as a convicted felon. During the same interview, Peterson also discussed a Rossi shotgun that his wife had purchased for him at a gun store in Sarasota, which he subsequently sold to another felon. ATF agents subsequently recovered surveillance video showing Peterson in possession of the shotgun in October 2024. Prior to possessing the firearms, Peterson knew he had been convicted of multiple felonies, including battery on a law enforcement officer, resisting an officer with violence, and delivery of a controlled substance. As a convicted felon, Peterson is prohibited from possessing firearms or ammunition under federal law. This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Manatee County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Jeff Chang. This case is part of Operation Take Back America, a nationwide initiative that marshals the full resources of the Department of Justice to repel the invasion of illegal immigration, achieve the total elimination of cartels and transnational criminal organizations and protect our communities from the perpetrators of violent crime. Operation Take Back America streamlines efforts and resources from the Department’s Organized Crime Drug Enforcement Task Forces and Project Safe Neighborhoods. NOTE: This matter occurred on a previous date but not published at that time due to government shutdown. Press release posted and made available following the return to normal operations. Updated November 14, 2025
Gun Range, Let's Be Safe Gregg Kielma I observed a gentleman show up with his son and his son’s girlfriend. The son and girlfriend looked like they were in their mid-20’s. The dad then tried to teach the girlfriend how to shoot for the first time….. Very poor instruction to say the least. I continued to watch the “training” and immediately called a “Cease Fire” I could tell this wasn’t going to end well. I offered some assistance and was rejected. As a range safety officer, (this incident was not at my outdoor range) I stopped the fire line and asked that both be removed from the range until they had the proper training form a certified instructor. The indoor ranged operator agreed with me and asked them to leave until they had proper training. I offered all three of them training at my outdoor range. I told them this is the training that they will need to move forward if interested- 11/08/2025 still no answer: MY RULES for Safety at My Outdoor Range: • Tactical K Training and Firearms Safety Class (Must be taken before shooting at my outdoor range). The range is controlled by me and my team. No exceptions. • Liability Form Signed. • Safety is and will always BE #1... ALWAYS. • You can take the CCW class in lieu of the safety training before entering my outdoor range. • Range Day: have firearms ready to present to the RSO for inspection before use. • Follow all Range Rules. • The Range Safety Officer has the “Last Word”. • Any conflicts will be reviewed by Gregg Kielma and the RSO and a final decision will be rendered. If asked to leave, do it. Tactical K Training and Firearms Gregg Kielma
If my client purchases a .22 revolver, is there ammunition I can use to still make it an effective home defense weapon? Gregg Kielma Says Gregg Kielma, FFL, Firearms Instructor, Gunsmith, First Aid Fundamentals Instructor and ERT Captain, that's a great question and can be answered easily. The best ammo you can use for a .22 revolver to make it an effective home defense weapon is .22 ammo. Let's Take a Look My wife has a Ruger LCR 8 round .22 revolver among may other firearms to protect herself at home and out in public. Some people call her Ruger .22 a “pea shooter” but in my opinion it's a great home defense weapon coupled with her .410 Bullpup. Both are small, easy to handle, the Ruger holds 8 rounds, the Bull Pup 6 rounds and has virtually no recoil or very low recoil depending on her firearm use. If someone is breaking in and they hear someone say, “I'm armed and will defend myself if you don't leave immediately!” there are two ways it can go. First, the easy way. They hear that you're armed and get the hell out. They avoid risk staying safe. Second, the scarier way is they don't care and come in anyway. If they come at you and you start shooting, that's usually enough to scare them off. If not, you could put 8 rounds in them. Even .22 rounds are enough to cause pain and, if you hit them right or hit them multiple times, they won't want more and will either flee or drop. Do I, Gregg Kielma, prefer my 9mm or .45 semi auto to her .22 revolver? Yes, I do. Do I want her to be unarmed and defenseless? No, I don't. I'd much rather she has something she's comfortable with and confident enough to use. Side Note: My wife is deadly accurate with all her weapons. She trains with me we and has become an excellent shooter. Practice, Practice, Practice. She learned from one of the best...me. Says Kielma. Let’s Take A LOOK Further Choosing .22 Ammunition for Home Defense The question of whether a .22 revolver can serve as an effective home defense weapon often arises. The most suitable ammunition for this purpose is .22 caliber ammo, which is specifically designed for these firearms. Advantages of the .22 Revolver for Home Defense As an example, the Ruger LCR 8-round .22 revolver stands out as a capable option. While some may dismiss it as a “pea shooter,” it offers several benefits for home defense. Its compact size makes it easy to handle, it holds eight rounds, and it has virtually no recoil, allowing for more comfortable and controlled shooting. Potential Scenarios in a Home Defense Situation In the event of a break-in, announcing that you are armed and willing to defend yourself can often deter an intruder. There are two possible outcomes in this scenario: the intruder may hear your warning and choose to leave, avoiding unnecessary risk; or, in a more dangerous situation, they may ignore your warning and proceed. If this happens, firing the .22 revolver is usually enough to scare off the intruder. If that does not work, the revolver’s eight rounds can still inflict significant pain. Multiple well-placed shots with .22 ammunition can be effective at deterring or incapacitating an assailant, causing them to flee or stop their advance. Comfort and Confidence with Firearms While some may prefer a 9mm semi-automatic over a .22 revolver, the most important factor is being armed with a weapon you are comfortable and confident using. For example, the .22 revolver may be the best choice for someone who finds larger calibers uncomfortable or difficult to handle. Prioritizing familiarity and confidence with your firearm is essential for effective self-defense. Personal Preferences and Opinions Many people may have differing opinions about the effectiveness of the .22 caliber for home defense. However, the choice ultimately depends on individual comfort and capability. If someone feels more secure and capable with a .22 revolver, that is what matters most. Others are encouraged to choose what works best for them and share their perspectives if they wish.
How long does it take to walk into a gun store and come out with a semi-automatic, if I have a clean record in America? Gregg Kielma Let's Take a LOOK. It depends on the state; however, I wanted to share a client's personal experience for a couple reasons. 1. It may surprise some people - especially non-gun owners. 2. I feel it illustrates that gun control and gun laws are two different things and before jumping to the conclusion that we need more (or fewer) laws pertaining to guns, everyone should take a few minutes to educate themselves and use common sense. From a Client: This is my first time gun buying experience from about 4–5 years ago. His Thoughts I’d done quite a bit of research online, pretty much settled on what I wanted and decided it was time to walk into a gun store to look and make the final decision in person. After about 15 minutes I’d settled on a Gen 4 Glock 19. The store was running a special on the Gen 4s and I received a free box of ammunition, as well as an extra magazine. Next up it was time to go through the background check and pay. I had to wait, because there was an older guy and his son in front of me. He was purchasing the gun for his son (because he wasn’t 21) - apparently his son was joining a junior police academy and needed a handgun. Well, his background check came back - he had some kind of domestic abuse charge - no gun for you, no gun for your son. The owner of the gun shop chastised him for even wasting her time since he clearly knew that was on his record. Clients Turn. They ran my details; everything came back clean and it was time to pay. Something people may not realize is that guns aren’t cheap. Mine was close to $500. That’s a decent chunk of change and puts them out of many people’s reach economically. Of course, I’d imagine criminals acquiring weapons for much less - but then again, they don’t go through the proper process or channels. Great, background check cleared, I’ve paid and ready to go. The guy behind the counter bags things up and hands it to me - then the owner starts berating him. Apparently by putting the newly purchased gun (still in the case) and the box of ammunition, into the same bag they were setting me up to get a felony when I walked out of the store. They also gave me specific instructions about putting the gun and/or ammo in the trunk of my car - NOT the passenger compartment. Again, throwing the now two separate shopping bags into my back seat would have potentially been criminal (felony). This is where things get crazy. In Ohio, you can load up a gun - put it in a holster (on the outside of your clothes) and walk around in most public places. But, as soon as you cover up the gun - or get into a car with it - you’re breaking the law (felony) unless you’ve gotten a special license/permit. This requires more background checks, fingerprinting, attending a class, paying more money, etc. Now, let’s say you’re all about following the letter of the law and you go through all these steps so that you can carry your gun in your car. Things don’t get easier - because each state can be different. Despite having a permit, passing the background checks, etc - if you happen to drive into Chicago, you could be in a lot of trouble. Apparently, you can drive right through with no problems, but if you step foot outside of your car (even to get gas, even if you leave the gun in the car) you’re now in a world of trouble (felony). It makes you wonder why Chicago has so much gun violence when the gun laws there are so strict. The laws are very strict for gun owners, they can be very confusing, and it seems, by definition, only followed by law abiding citizens. Kielma's final thought. 1.) Know the gun laws in your state. Not knowing is not an excuse, ever. 2.) Take a CCW Class 3.) Be the reasonable person. 4.) Stay in condition yellow when an armed citizen. 5.) Always treat the firearm as loaded. 6.) Never point it at anything you do not want to destroy. 7.) Never us alcohol/or drugs when armed. 8.) Do not [put yourself in bad situations. 9.) Avoid-escape-Defend 10.) Always deescalate never escalate and situation when armed.
Second Amendment Groups Challenge Vermont Gun Waiting Period In Second Circuit Story by Mike Jenkins The Second Amendment Foundation (SAF) and a coalition of prominent gun rights organizations have filed an amicus curiae brief with the U.S. Court of Appeals for the Second Circuit, urging the court to strike down Vermont's 72-hour waiting period for firearm purchases. The brief supports the plaintiffs-appellants in the case, Vt. Fed. of Sportsmen’s Clubs, Inc. v. Birmingham, arguing that the district court’s previous ruling upholding the waiting period misapplied the historical test established by the Supreme Court in New York State Rifle & Pistol Association, Inc. v. Bruen. Bruen and Rahimi by misapplying the Second Amendment’s historical test and creating a false ‘fork’ in the analysis for so-called ‘ancillary’ rights, and by relying on unserious analogues like laws disarming intoxicated persons." Moros emphasized the lack of historical tradition for such restrictions, noting, “History shows no tradition of waiting periods, even as mass production made guns widely available in the 19th century.” The groups are urging the Second Circuit to "reverse and restore the proper Bruen framework." The 2nd Amendment: History, Controversy, and Constitutional Debate The brief leverages recent legal victories and historical context to bolster its claim. It notes that the Tenth Circuit recently struck down a similar waiting period in Ortega v. Grisham, and points out that several other challenges to waiting periods are currently pending nationwide. Furthermore, the brief relies on primary historical sources, including newspaper advertisements offering firearms for sale as far back as 1745, to demonstrate a long-standing tradition of immediate access to arms. Alan M. Gottlieb, SAF founder and Executive Vice President, characterized the waiting period as an unconstitutional infringement. “The right to keep and bear arms doesn’t have a timestamp and should be afforded to anyone wishing to legally purchase a firearm,” Gottlieb said. He concluded that "waiting periods to exercise a constitutional right are impermissible and are a direct infringement on the Second Amendment rights of peaceable citizens.”
Second Amendment Foundation Urges Supreme Court To Hear Assault Weapons Ban Case Story by Billy Adams The legal battle over "assault weapons" bans is inching closer to the U.S. Supreme Court, as the Second Amendment Foundation (SAF) filed a reply brief on Wednesday, November 12, 2025, pressing the High Court to take up its challenge to the Cook County, Illinois, ban. The case, Viramontes v. Cook County, has been distributed for a conference among the Justices scheduled for Friday, December 5th. The reply brief was submitted following an attempt by Cook County to persuade the Supreme Court not to hear the case. Viramontes is a suitable vehicle for the Court to settle the assault weapons ban issue," said SAF Executive Director Adam Kraut. He expressed hope that the case would provide the opportunity for the Court to "put an end to these pernicious hardware bans." The brief contends that the Seventh Circuit Court of Appeals, which upheld the ban, "is not alone in deeply misunderstanding the application of the Second Amendment in challenges to firearm bans," and that "the time has come for this Court to address the AR-15 issue." Seeking Constitutional Clarity SAF, along with the Firearms Policy Coalition and two private citizens, is challenging the county's prohibition on certain semi-automatic firearms. The organization argues that the Supreme Court needs to intervene to settle the constitutionality of such bans "once and for all." "Despite Cook County’s attempt to avoid constitutional accountability, we think Viramontes is a suitable vehicle for the Court to settle the assault weapons ban issue," said SAF Executive Director Adam Kraut. He expressed hope that the case would provide the opportunity for the Court to "put an end to these pernicious hardware bans." The brief contends that the Seventh Circuit Court of Appeals, which upheld the ban, "is not alone in deeply misunderstanding the application of the Second Amendment in challenges to firearm bans," and that "the time has come for this Court to address the AR-15 issue." Rights of Millions at Stake SAF founder and Executive Vice President Alan M. Gottlieb emphasized the urgency of the matter, stating, "The assault weapons issue has percolated long enough." He stressed that the bans subject "the fundamental rights of millions of Americans... to constitutional injury." The case originated in 2021, and its petition for a writ of certiorari was filed in August. The Justices will consider the petition at their December conference, which could result in the Court granting review, denying review, or taking no immediate action. A decision to grant review would put the constitutionality of widely adopted "assault weapons" bans—which typically target popular semi-automatic rifles—squarely before the nation's highest court. The Supreme Court has faced numerous appeals concerning firearm bans since its 2022 ruling in New York State Rifle & Pistol Association, Inc. v. Bruen, which established a historical-tradition test for Second Amendment challenges.
Oral Arguments Begin In Oregon Supreme Court Over Restrictive Gun Law Challenge Mark Chesnut Oral arguments begin before the Oregon Supreme Court in the challenge to Measure 114—the restrictive gun-control law passed by voters three years ago. For background, Measure 114 was voted on in November 2022 and passed by a narrow margin of 50.65% to 49.35%. The law includes a very restrictive permit-to-purchase scheme, so-called “universal” background checks, and a 10-round magazine capacity limit. The permit-to-purchase provision is extremely problematic in that even if Oregon citizens jump through all the required hoops, receiving the permit doesn’t mean they’ll be able to purchase a firearm. The law actually states: “A permit-to-purchase issued under this section does not create any right of the permit holder to receive a firearm.” As for so-called “high-capacity” magazines that hold more than 10 rounds, such magazines are commonly owned by millions of Americans for all manner of lawful purposes, including self-defense, sporting and hunting. In fact, Americans owned approximately 115 million such magazines as of November 2022, with millions more purchased since then. In December 2022, just before the measure was set to take effect, a district court judge blocked the law from being enforced. Shortly after, then-state Attorney General Ellen Rosenblum asked the Oregon Supreme Court to step in and allow the law to take effect, but that court declined to overturn the lower court’s decision. Then, on March 12, 2025, the Oregon Court of Appeals reversed the lower court ruling that declared the law unconstitutional. The law remains on hold and has not yet taken effect due to the ongoing legal battle.
How Gun-Banners Bought A Red-Flag Law Mark Chesnut - After a terrible mass murder in Lewiston, Maine, back in October 2023, gun-ban advocates began to push all manners of new gun control laws, despite the fact that few if any would actually make anyone safer. One such was a so-called “red-flag” law, which would allow the state to confiscate firearms from lawful owners without due process, the same as most such laws. Gun grabbers didn’t get everything they wanted, though, as the legislature instead passed a “yellow-flag” law that sought to protect due process rights of Pine Tree State gun owners. That law required law enforcement to request emergency restraining protective orders, and there was also a requirement for mental health consultation. That, however, wasn’t enough restrictions for gun-ban advocates, who wanted to make it where family members can turn in their gun-owning kin, without due process of law, of course. Fast forward to Nov. 4 of this year, and gun-ban advocates finally got what they wanted. Despite that fact that important voices across the political spectrum, from Governor Janet Mills to Governor Paul LePage, advised voters to oppose Question 2, the problematic measure passed with nearly 63% approval. About 306,000 people voted for the measure, compared to 180,000 who voted against it. If you wonder exactly how that happened, look no further than the money trail. According to a report at ammoland.com, anti-gun groups spent 12-times more money to get the scheme passed than pro-gun groups spent trying to defeat the proposal.
