Gregory Kielma • August 5, 2024
Courts Attack Second Amendment, Right to Buy Firearms
Courts Attack Second Amendment, Right to Buy Firearms
By
Larry Keane
There’s an interesting – if not devious – trend emerging in some Second Amendment cases. The first step of the U.S. Supreme Court’s Bruentest is to ask whether the conduct at issue is covered by the text of the Second Amendment which protects a pre-existing “right to keep and bear arms.” Some lower courts in purporting to apply the Bruen test are upholding gun control laws by holding that you do not have a Second Amendment right to buy a firearm.
That’s intellectually dishonest, to say the least. The ability to freely approach the gun counter to legally purchase a firearm is paramount to exercising the Second Amendment rights to keep and bear arms. There is no “keeping” of firearms if there is no legal right to lawfully acquire those same firearms. The ramifications of this flawed legal reasoning are self-evident. The government could simply ban the buying (and selling) of firearms and therefore eviscerate the Second Amendment all without infringing upon the right.
Right to Buy
The most recent example comes from New Mexico, where a federal district court judge refused to preliminarily enjoin the state’s seven-day waiting period for purchasing a firearm. There were several serious concerns with this decision, including the judge’s determination that the lengthy waiting period doesn’t constrain the rights to keep and bear arms. The judge contended that the waiting period only minimally burdens the “ancillary right to acquire firearms.”
That might come as news to an individual facing imminent threat to their safety or even their life. A woman who is the victim of domestic violence who considers purchasing a firearm to protect herself and her family could argue that the state’s seven-day waiting period is a seven-day ban on her ability to lawfully keep and bear arms when she knows there’s a threat to her life.
That wasn’t the worst of it. The same judge concluded that the waiting-period law is presumptively constitutional” given that the first waiting period laws were enacted in the 1920s – long after U.S. Constitution was ratified, and the 14th Amendment adopted. The judge even pointed to past, discriminatory laws that restricted the sale of firearms to slaves, freedmen and Native Americans. It is astonishing that a federal judge relied on racist laws that have been repudiated by the courts and American society to justify a gun control law.
However, that’s not what the Supreme Court held in the Bruen decision. That test, the Court said, is that gun control laws must have a “history and tradition” consistent with when the Second Amendment was signed into law in 1791 at the nation’s founding.
Court Concerns
It would be tempting to dismiss this judge’s decision as a “one-off” aberration. Unfortunately, that’s not the case. A 2024 decision by the U.S. District Court for the Southern District of New York explicitly said that there is no Second Amendment right to purchase a second handgun within a 90-day window of purchasing a previous handgun.
“The question thus becomes whether a waiting period before the purchase of a second handgun is conduct covered by the text of the Second Amendment. It is not,” the court ruled in its opinion of Knight v. City of New York.
What the court is saying is that the government can ration the exercise of a Constitutionally protected right, in this case, to just once every 90 days. This would be unthinkable if a court ruled that a law-abiding American could only exercise their rights to free speech or attend a church, mosque of synagogue of their choosing every three months. The federal court here is relegating the Second Amendment to a second-class right, that Justice Clarence Thomas has warned about.
That line of thinking wasn’t limited to New York. The U.S. District Court for the District of Vermont upheld the state’s waiting-period law, in Vermont Federation of Sportsmen’s Clubs v. Birmingham this year, by claiming there’s no Second Amendment right to legally purchasing a firearm.
“The Court finds that the relevant conduct – acquiring a firearm through a commercial transaction on-demand – is not covered by the plain text of the Second Amendment,” wrote Judge William Sessions III. He quizzically added, “Plaintiffs may keep and bear arms without immediately acquiring them.”
That defies logic. It is impossible to legally keep and bear anything without the ability to lawfully purchase it first.
In 2023, the U.S. District Court for the District of Colorado ruled against Rocky Mountain Gun Owners seeking to enjoin a three-day-waiting period law signed by Gov. Jared Polis. In this decision, the federal court ruled that the Second Amendment doesn’t explicitly say anything about legally acquiring a firearm.
“From this reading of the plain text, it is clear the relevant conduct impacted by the waiting period – the receipt of a paid-for firearm without delay – is not covered,” the decision reads, adding, “To ‘keep,’ under the definitions provided in Heller, meant to retain an object one already possessed. It did not mean to receive a newly paid-for item, and it certainly did not mean to receive that item without delay. Likewise, ‘having weapons’ indicates the weapons are already in one’s possession, not that one is receiving them.”
The U.S. District Court for the Eastern District of Pennsylvania ruled in 2023 in U.S. v. King that there is no right to buy and sell firearms. In fact, Judge Joseph Leeson Jr. clearly states that it is a factor he didn’t – and wouldn’t – consider, writing, “…the Court looks at the Second Amendment’s plain text; it does not consider ‘implicit’ rights that may be lurking beneath the surface of the plain text.”
“Even if the Court assumed that there is an implicit right in the Second Amendment to buy and sell firearms in order to keep and bear arms, that is not the same thing as a right to buy and sell firearms as a regular course of trade or business with the principal objective of livelihood and profit through the repetitive purchase and resale of firearms,” Judge Leeson wrote. “In other words, the Second Amendment does not protect the commercial dealing of firearms.” Of course, while Heller said commercial regulations could be presumptively valid, it never suggested that the buying and selling of commonly used “arms” could be banned.
Governors Knew in 2020
Juxtapose that with governors who, just four years ago, quickly reversed their policies to order firearm retailers to close their doors during the 2020 COVID-19 pandemic. New Jersey’s Gov. Phil Murphy reversed course from his initial ordering of gun stores to be closed. He recognized that denying the ability of law-abiding citizens to legally obtain a firearm is denying them the ability to exercise their Second Amendment rights. Pennsylvania’s former Gov. Tom Wolf did the same, even after Pennsylvania’s Supreme Court denied a challenge to the order. The quiet about-face was in light of what could have become a U.S. Supreme Court challenge.
A federal judge ordered former Massachusetts Gov. Charlie Baker to allow firearm retailers there to reopen. The judge ordering the injunction wrote, “The exigencies surrounding this viral pandemic both justify and necessitate changes in the manner in which people live their lives and conduct their daily business. However, this emergency – like any other emergency – has its constitutional limits. It would not justify a prior restraint on speech, nor a suspension of the right to vote. Just the same, it does not justify a ban on obtaining guns and ammunition.”
Divorcing the right to freely approach the gun counter at a firearm retailer and the right to keep and bear arms is a dangerous slope. Firearms are legal products, available for anyone to freely purchase who is over the age of 18 for long guns or 21 for handguns, provided that individual is purchasing the firearm for him or herself and can pass the FBI’s National Instant Criminal Background Check System (NICS). Conditioning that right – whether through waiting periods which are an attempt to delay the exercise of that right – or by unmooring the right to legally purchase a firearm is a violation of the rights that belong to the people.
Imagine a court ruling that the First Amendment doesn’t include the right to buy a book. Or a law that said you can only buy a newspaper after waiting seven days. Or a law that limits how many books you can buy in a month. Or a law in which the government decides which books you are allowed to buy and read? Obviously, no one would tolerate such laws. So why is it acceptable for Second Amendment rights? The answer, sadly, is that despite the Heller, McDonald and Bruen decisions, because some legislative bodies and judges treat the Second Amendment as a “second class right.”
FRT Update 01/31/2026 In a move that has stunned many in the firearms community, the United States government, through the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), filed a rare “Statement of Interest” on January 26, 2026, in a private patent infringement lawsuit in the Eastern District of Tennessee. The case pits ABC IP, LLC and Rare Breed Triggers, Inc. against Timothy Hoffman, an individual inventor, and his small Tennessee-based company, Hoffman Tactical LLC. Rather than remaining neutral in what is ostensibly a civil dispute over intellectual property, the Department of Justice chose to weigh in heavily on the side of the plaintiffs, urging the court to consider the “public interest” as strongly favoring a preliminary injunction against Hoffman. At the heart of the dispute are forced reset triggers (FRTs). These devices allow semi-automatic firearms to achieve a faster cyclic rate by mechanically resetting the trigger after each shot. Rare Breed Triggers holds several patents on its version of this technology, and it alleges that Hoffman infringed those patents by designing and publicly sharing 3D-printable files for a similar “super safety” trigger design. Hoffman, like many innovators in the 3D-printing and home-gun-building community, openly released his files, enabling hobbyists to experiment and manufacture their own parts. What makes this case extraordinary is the federal government’s intervention. The ATF’s filing explicitly states that it has a “strong interest… in discouraging unregulated manufacture of forced reset triggers.” It argues that enjoining Hoffman would advance public safety and support the agency’s broader efforts to limit the proliferation of FRTs. Remarkably, the government cites a May 2025 settlement agreement it reached with Rare Breed, after years of aggressive enforcement actions against the company, as justification for now backing Rare Breed’s private patent enforcement crusade. This settlement is worth examining closely. After the Supreme Court’s 2024 decision in Garland v. Cargill struck down the ATF’s bump-stock rule, the agency’s legal position on other rapid-fire devices like FRTs became precarious. Facing multiple adverse court rulings, the ATF chose to settle its civil enforcement actions against Rare Breed. In exchange for dropping the lawsuits, Rare Breed agreed not to design FRTs for handguns and crucially to “take all reasonable efforts to enforce its patents and seek injunctions” against anyone else making or distributing FRTs. In essence, the government outsourced part of its regulatory agenda to a private company, turning a former enforcement target into an ally. Now, when a small inventor like Timothy Hoffman independently develops and shares a competing design, the federal government steps in, not to prosecute him criminally, but to lend its considerable weight to a corporate plaintiff seeking to shut him down. This move is a profoundly troubling development for several reasons.
Before Prices Shift: An Important Update The inevitable is upon us, as price increases plan to take effect on April 1, 2026. These changes will apply to a wide variety of ammunition types, from rifle ammo to shot shells. Largely due to the volatile nature of raw materials utilized in ammo production, such as copper, lead, and zinc; manufacturers have emphasized this price adjustment is simply unavoidable. Here’s the breakdown: • No sole manufacturer will be affected, multiple brands will show adjusted pricing • Increases are predicted to fall in the low to mid-single digit range • Orders shipped on or after April 1 may reflect new pricing This means you may not have all that long before the current prices you see on shelves today, disappear. So, take action now. For more information, click here to read the full article.
VR Firearms Training at Tactical K Training and Firearms: How ACE and Meta Are Enhancing My Students’ Skills By Gregg Kielma-Tactical K Training and Firearms As an instructor who has spent years teaching responsible firearm handling in real world environments, I never adopt new technology just because it’s trendy. It must add value, reinforce safety, and genuinely improve a student’s ability to make good decisions under stress. That’s why VR training with ACE and the Meta platform has earned a place in my program — not as a replacement for live fire instruction, but as a powerful tool that strengthens everything we do on the range. A Safe Way to Build Confidence Before Live Fire One of the biggest advantages of VR is the ability to introduce new shooters to firearms concepts without the pressure of recoil, noise, or the anxiety that sometimes comes with handling a real weapon for the first time. Inside the ACE training environment, students can practice stance, grip, sight alignment, and movement in a calm, controlled setting. For many beginners, this reduces the learning curve dramatically. By the time they step onto my outdoor range, they already understand the fundamentals and feel more prepared. Realistic Scenarios Without Real World Risk ACE’s scenario-based modules allow me to expose students to decision making situations that would be impossible — or unsafe — to recreate in person. They can practice threat identification, situational awareness, and de escalation in a virtual environment that feels immersive but carries zero physical risk. This aligns perfectly with my teaching philosophy: avoidance first, escape if possible, and defense only as a last resort. VR gives students a chance to experience those judgment calls in a way that’s both educational and emotionally manageable. Repetition Without Fatigue In VR, students can repeat drills endlessly without burning through ammunition or dealing with physical fatigue. That means more reps, more consistency, and more opportunities to correct mistakes early. Whether it’s drawing from concealment, moving to cover, or practicing reloads, VR allows for focused, efficient skill building that complements the hands-on work we do with real firearms. A Bridge Between Technology and Practical Training I’ve found that VR doesn’t replace the range — it enhances it. Students who train with ACE and Meta tend to arrive more confident, more aware, and more mentally prepared. When they transition to live fire, they absorb instruction faster and make fewer fundamental errors. For experienced shooters, VR offers a way to sharpen decision making and refine tactics without the limitations of physical space. For beginners, it provides a gentle introduction that builds comfort and competence. The Future of Responsible Firearms Education As technology evolves, so does the way we teach. VR training with ACE and Meta has become a valuable part of my curriculum because it supports the same goals I’ve always had, safety, confidence, and responsible firearm ownership. Kielma’s Parting Shot: Combined with ACE and Meta, it’s not about replacing traditional training — it’s about giving students every possible advantage to learn the right way, at the right pace, in the right environment. Gregg Kielma
Instructor Rick S and Student Training in My Pasture: A Look at Your Outdoor Range: Tactical K Training and Firearms Gregg Kielma Set in the quiet openness of a Florida farm pasture, your outdoor shooting range offers something that’s getting harder to find these days — a private, peaceful, and purpose-built space where students can learn without pressure or distraction. The setting isn’t just scenic, cows and all, it plays a real role in the quality of training we deliver at Tactical K Training and Firearms. A Natural, Comfortable Environment The wide-open pasture creates a calm backdrop for learning. Fresh air, open sky, and the natural spacing of the land help students feel at ease, especially those who may be nervous or new to firearms. The rural setting also keeps noise low and distractions minimal, allowing shooters to focus on fundamentals and safety. Designed for Practical, Real World Training My range layout takes advantage of the pasture’s natural contours, giving you safe shooting lanes, solid backstops, and plenty of room for controlled drills. Whether teaching basic marksmanship, firearm handling, or scenario based skills, the space supports the kind of practical, real world training that responsible gun owners appreciate. Safety as the Foundation Even in a relaxed farm setting, my range maintains the same disciplined safety standards we are known for. Clear boundaries, structured instruction, and your emphasis on avoidance, escape, and defense ensure that every student understands not just how to shoot, but how to do so responsibly. A Personal, One on One Experience Unlike crowded public ranges, my pasture range offers privacy and personal attention. Students can ask questions freely, take their time, and build confidence at a pace that fits them. The farm setting reinforces that sense of comfort — it feels like learning with a trusted instructor like Gregg Kielma or Rick S, not performing in front of strangers. More Than a Range — A Place to Grow My outdoor pasture range isn’t just a place to fire rounds. It’s a place where people gain skills, confidence, and a deeper respect for safe firearm ownership. The combination of professional instruction and a peaceful rural setting creates an experience that sticks with students long after they leave. Gregg Kielma
“The Empty Lane” — A Short Thought From My Perspective Gregg Kielma-Tactical K Training and Firearms 1/24/2026 I unlocked the range just after sunrise today, Saturday January 24th 7:15 AM got it cleaned up and started to set up the lanes. The Florida air still cool enough to feel great. Mornings like that always remind me why I started Tactical K Training and Firearms in the first place—quiet, focused, full of potential. But as I walked past the shooting lanes, I noticed the same thing I’d been seeing for years. Most of them were empty at 10AM when I opened. People sign up, no show, or called to cancel, for so many reasons the list goes on and on. People buy firearms with the best intentions. They tell themselves they’ll train, they’ll practice, they’ll stay sharp. But life has a way of getting loud, and training is one of the first things that slips into the background. I remember a student Sam. Good guy, responsible, eager. After his first class he promised he’d be back every month. “I want to be confident,” he said. “I want to protect my family.” Months passed. No Sam. When he finally returned, he looked frustrated. “Gregg, I don’t know what happened. I meant to practice. I really did.” I hear that more than anything else. Just no time in his busy schedule. The reasons are as long as route 66 People don’t fail to train because they’re lazy. They fail because training requires commitment. It forces you to confront what you don’t know, what you can’t do yet, and what you’re afraid you might get wrong. It’s easier to believe that owning a firearm is enough. It’s easier to assume you’ll rise to the occasion when the moment comes. But the truth—the one most folks avoid—is that you don’t rise to the occasion. You fall to your level of training. As I stood there in waiting at one of the lanes, I thought about how many people carry a tool they’ve never truly learned to use. Not out of neglect, but out of fear, pride, or the belief that “I’ll get to it eventually.” That’s why I keep showing up. That’s why I keep unlocking the range at sunrise. BECAUSE I CARE. For Sam one day, someone like him will walk back in, ready to start again. And when they do, I’ll be there to remind them: Training isn’t about perfection. It’s about responsibility. And all the lanes will be waiting. Gregg Kielma
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Why Monitoring Your Blood Pressure Matters By Gregg Kielma Tactical K Training and Firearms 01/20/2026 As an ERT Captain and certified instructor, I provide blood pressure checks, if wanted, during all my classes I offer. This has helped us detect clients with potentially serious heart issues they were unaware of. While not a physician, I can identify critical warning signs requiring further attention. High blood pressure is often called the “silent threat” for a reason—it rarely shows symptoms, yet it can quietly damage your heart, blood vessels, kidneys, and brain over time. Regular monitoring is one of the simplest and most effective steps people can take to protect their long-term health. Checking your blood pressure at home gives you real time insight into how your body responds to daily stress, diet, sleep, and activity. It helps you catch changes early, long before they turn into serious medical problems. For many people, home monitoring also provides more accurate readings than occasional doctor visits, since it removes the stress and pressure of the clinical environment. Consistent tracking empowers you to make informed decisions about your lifestyle and health. It allows you to share accurate data with your healthcare provider, helping them tailor treatment, adjust medications, or recommend preventive steps. In short, monitoring your blood pressure isn’t just a habit—it’s a form of self-protection and early detection that can truly save lives. Thank you for taking the time to read this and help save your life or others. If you have any questions, please let know. Gregg Kielma
Why Some Virginia Lawmakers Push for Strict Gun Laws and Bans By Gregg Kielma Tactical K Training and Firearms 01-19-2026 Debates over firearm legislation in Virginia have intensified in recent years, with several lawmakers proposing sweeping restrictions on gun ownership, magazine capacity, and permitting requirements. While these proposals are controversial and often opposed by responsible gun owners, it’s important to understand the motivations driving them. Knowing the “why” behind these efforts helps gun owners stay informed, engaged, and prepared to advocate for their rights. 1. Rising Concerns About Public Safety and Gun Violence Many Virginia legislators argue that stricter gun laws are necessary to address concerns about public safety. Bills such as SB1109, introduced in 2025, aim to tighten handgun purchase regulations and expand background checks, reflecting a belief that limiting access will reduce misuse. Supporters claim these measures are intended to prevent firearms from falling into the hands of individuals who may pose a risk. 2. A Push for More Comprehensive Vetting Several proposals focus on expanding the vetting process for firearm permits. These include: • Mandatory fingerprinting • More extensive background checks • Reviews of criminal history and mental health records These measures are framed as efforts to ensure only “qualified” individuals can obtain permits. While many responsible gun owners already exceed these standards through training and safe practices, lawmakers argue that uniform statewide requirements are necessary. 3. Influence of Gun Control Advocacy Groups Organizations that support firearm restrictions have become increasingly active in Virginia. Groups promoting “evidence based” gun violence prevention policies advocate for licensing systems, storage mandates, and magazine bans as ways to reduce crime and accidental shootings. Their messaging often influences legislative priorities, especially in districts where voters favor tighter regulations. 4. Political Shifts in Key Regions Urban and suburban areas of Virginia — particularly Northern Virginia — have grown rapidly and tend to elect representatives who support stricter gun laws. These lawmakers often cite constituent pressure to pass bans on certain firearms or accessories, such as the proposed magazine ban highlighted in recent legislative discussions. 5. A Belief That Restrictions Will Reduce Crime Some legislators believe that limiting access to certain firearms or magazines will reduce violent crime. For example, proposals to raise penalties for violent offenders using firearms are framed as crime reduction strategies. While critics argue that these laws target lawful gun owners instead of criminals, supporters maintain that restrictions are part of a broader public safety strategy. Kielma’s Parting Shot Virginia’s push for strict gun laws is driven by a combination of political pressure, advocacy influence, public safety concerns, and shifting demographics. Whether or not these laws are effective is a separate debate — but understanding the motivations behind them helps responsible gun owners stay informed and engaged. Gregg Kielma
Outside The Waste Band Holster. Open Carry Understanding Brandishing or Improperly Exposing a Firearm By Gregg Kielma_ Tactical K Training and Firearms 01/19/2026 I always field questions during training classes about brandishing a firearm in public, what are the consequences and how will it impact my life, my career or my family’s life? Let’s take a LOOK: My Thoughts Brandishing — or improperly exposing a firearm — is one of the most misunderstood areas of firearms law. Many gun owners assume that if they don’t point a gun at someone, they’re safe from legal trouble. The law takes a much broader view. Knowing what qualifies as brandishing is essential for every responsible gun owner. What “Brandishing” Actually Means Across most jurisdictions, brandishing refers to displaying a firearm in a threatening, intimidating, or aggressive manner. Importantly, the firearm does not need to be pointed at anyone for the act to be considered brandishing. According to legal sources: Even unintentional exposure can lead to accusations if someone feels threatened. • Brandishing is the act of displaying a firearm “to intimidate, threaten, or cause fear in another person”. • It includes “displaying, waving, or showing a weapon in a manner that is threatening or intended to intimidate”. • The key elements often include: o Another person is present o The display is aggressive or alarming o The intent (or perceived intent) is to cause fear What Brandishing Is Not: Context matters — and perception matters even more. If a reasonable person would feel threatened, the situation can escalate quickly. • Simply carrying a firearm in a lawful manner • Printing or accidental brief exposure while concealed carrying • Displaying a firearm in a non-threatening context (e.g., holstering at a range, cleaning at home) Potential Legal Consequences Brandishing is treated as a serious offense because of its potential to escalate into violence, even when no shot is fired. Depending on the state and circumstances, consequences may include: Criminal Charges • Misdemeanor or felony charges • Arrest and potential jail time • Heavy fines Loss of Firearm Rights • Suspension or revocation of concealed carry permits • Possible long-term loss of firearm ownership rights Civil Liability • Lawsuits from individuals who felt threatened • Financial damages for emotional distress or other claims Long-Term Impact • Criminal record • Loss of employment opportunities • Damage to reputation and credibility Why This Matters for Responsible Gun Owners I teach in my classes responsible firearm ownership and marksmanship, it matters. It’s about judgment, restraint, and understanding the law. Brandishing charges often arise from emotional reactions, poor decision-making, or misunderstandings that could have been avoided with proper training. A responsible gun owner should always: • Keep the firearm concealed unless legally justified to draw • Avoid escalating confrontations • Understand state-specific laws • Prioritize de-escalation, avoid, escape and as a last resort defend. Be the reasonable person. Always have a plan. Kielma’ Parting Shot Brandishing or improperly exposing a firearm is a serious legal matter with consequences that can follow a person for life. Education, awareness, and disciplined behavior are the best tools to prevent these situations. When gun owners understand the law and act responsibly, they protect not only themselves but the entire firearms community. Gregg Kielma
Wanda Kielma, Office Boss: A Life Defined by Strength, Service, and Steadfast Values Wanda Kielma i s a woman whose life reflects resilience, dedication, and a deep commitment to the people around her. Known for her unwavering work ethic and her ability to bring calm, order, and compassion into any environment, Wanda has earned the respect of colleagues, friends, and family alike. Raised with strong values and a clear sense of responsibility, Wanda built her reputation through decades of consistent service and leadership. Whether managing complex tasks, supporting others through challenges, or stepping into roles that demanded reliability and integrity, she has always been the person people could count on. Wanda’s professional life is marked by diligence and loyalty. She approaches every responsibility with a level of care that sets her apart—never cutting corners, never compromising her standards, and always putting people first. Her ability to balance firmness with kindness has made her a trusted presence in every setting she enters. Beyond her work, Wanda is the heart of her family . She is the steady voice of reason, the quiet force that keeps things moving forward, and the person who shows up—every time, without fail. Her strength is not loud or boastful; it’s the kind that’s built through years of perseverance, sacrifice, and love. Those who know Wanda describe her as grounded, dependable, and deeply principled. She leads not through titles or recognition, but through example. Her life is a reminder that true character is revealed in the everyday choices we make and the way we treat the people around us. In a world that often celebrates the flashy and the temporary, Wanda Kielma stands out for all the right reasons: her integrity, her humility, and her unwavering commitment to doing what’s right. Her legacy is one of quiet strength—and the countless lives she has touched along the way. Our God is Great Wanda Amen….Love you for everything you have done for the past 40 plus years....
