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.”
Maplewood Man Admits Selling Machine Gun Conversion Devices Wednesday, January 14, 2026 U.S. Attorney's Office, Eastern District of Missouri ST. LOUIS – A man from Maplewood, Missouri on Wednesday admitted selling nine machine gun conversion devices to the Bureau of Alcohol, Tobacco, Firearms and Explosives. Tanario Darden, 23, pleaded guilty in U.S. District Court in St. Louis to two felony counts: transporting prohibited weapons without a license and transferring machine guns. He admitted using his Instagram account to offer machine gun conversion devices (MCDs) for sale. MCDs, also known as switches or auto sears, convert a semi-automatic firearm into fully automatic weapon. MCDs are defined as a machine gun under federal law. ATF agents learned of the Instagram account in the spring of 2024 and an undercover agent contacted Darden. After arranging the sale via Darden, an intermediary delivered two MCDs on April 29, 2024. A different man delivered seven more on May 29, 2024. Darden is scheduled to be sentenced on April 15. The transporting prohibited weapons charge carries a potential penalty of up to five years in prison. The machine gun charge carries a penalty of 10 years in prison. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case. Assistant U.S. Attorney Jennifer Szczucinski is prosecuting the case. Contact Robert Patrick, Public Affairs Officer, robert.patrick@usdoj.gov. Updated January 14, 2026
Ponca City Man Convicted of Possession of Unregistered Short-Barreled Shotgun Thursday, January 15, 2026 U.S. Attorney's Office, Western District of Oklahoma OKLAHOMA CITY – DOYLE GLEN WILSON, 59, of Ponca City, has been convicted by a federal jury of possession of an unregistered firearm, announced U.S. Attorney Robert J. Troester. On October 7, 2025, a federal grand jury charged Wilson with possession of an unregistered firearm. Testimony presented earlier this week at trial showed that on July 11, 2025, officers with the Ponca City Police Department executed a search warrant at Wilson’s home while searching for a short-barreled shotgun used in an assault. Officers located the shotgun in a closet. Under federal law, possession of a short-barreled shotgun requires that the firearm be registered in the National Firearms Registration and Transfer Record. Wilson had not registered the short-barreled shotgun found in his residence. On January 14, 2026, a federal jury found Wilson guilty of illegally possessing an unregistered firearm. At sentencing, Wilson faces up to 10 years in federal prison and a fine of up to $10,000. This case is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Ponca City Police Department. Assistant U.S. Attorneys Daniel Gridley and Cole McFerren are prosecuting the case. Reference is made to public filings for additional information. Updated January 15, 2026
Brothers indicted for trafficking firearms Thursday, January 15, 2026 U.S. Attorney's Office, District of Kansas KANSAS CITY, KANSAS – A federal grand jury in Kansas City, Kansas, returned an indictment charging two brothers with illegal firearms trafficking. According to court documents, Markeese Fluker, 27, of Independence, Missouri, and Markel Fluker, 29, of Kansas City, Missouri, were indicted on one count of conspiracy to commit unlawful trafficking in firearms and four counts of possession and transfer of machine guns. Markeese Flucker is also charged with one of count of possession and sale of a stolen firearm. From September 2025 to December 2025, the Fluker brothers are accused of conspiring to provide firearms to people who they allegedly knew were legally prohibited from possessing firearms and that their acquiring firearms would result in a felony offense. The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) is investigating the case. Assistant U.S. Attorney David Zabel is prosecuting the case. An indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law. Updated January 15, 2026
Haitian Nationals Charged With Unlawfully Smuggling Firearms From United States Tuesday, January 6, 2026 U.S. Attorney's Office, Middle District of Florida Jacksonville, Florida – United States Attorney Gregory W. Kehoe announces the return of an indictment charging Francesca Charles, 28, a U.S. citizen residing in Florida; Jacques Pierre, 32; and his brother, Jeff Pierre, 34, both citizens of Haiti residing in FL, with conspiracy to smuggle goods and unlawfully ship firearms, smuggling goods from the United States, and unlawfully shipping firearms. If convicted, each faces a maximum penalty of 20 years in federal prison. According to court documents, in February 2025, officials in the Dominican Republic seized 18 rifles, 5 handguns, firearms magazines, over 36,000 rounds of ammunition, and a silencer from inside a container that had been shipped from Miami, Florida. The shipping container was destined for Haiti. The firearms and ammunition were not listed on the shipping manifest, which instead listed household goods. Agents with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), as well as Homeland Security Investigations (HSI), learned that the defendants were the purchasers of at least 20 of the 23 firearms seized from the shipping container. Throughout the investigation, agents learned that the defendants purchased at least 46 firearms between May 2024 and February 2025, most of which were the same make and model as the firearms recovered in the Dominican Republic. Thirty-seven of those firearms were purchased between August 9, 2024, and February 10, 2025. Agents also obtained records that Jacques Pierre purchased two Barrett .50-caliber rifles, which are heavy-duty military-style weapons that are typically mounted to the tops of vehicles and used in furtherance of violence by gangs and cartels. One of the Barrett rifles was recovered in the aforementioned shipment in February 2025. Travel and shipping records showed that the co-conspirators would facilitate a shipment to Haiti shortly after purchasing a large number of firearms, then would travel to Haiti around the time the shipment was scheduled to arrive in Haiti. Travel records also showed that the defendants traveled to the Dominican Republic three days before the shipping container was intercepted. An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty. This case is being investigated by the ATF and HSI with assistance from U.S. Embassy Port-au-Prince and the United States Marshals Service. It is being prosecuted by Assistant United States Attorney Elisibeth Adams. 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. Updated January 6, 2026
Safety Starts With Everyone: It’s All About Awareness at Home or Work 01-16-2026 By Gregg Kielma Some gentle reminders that are the foundation of safety at home and work. Let’s Take a LOOK Safety depends on consistency, not complexity. Most accidents occur when warning signs are missed, so staying alert at home and work is key. Always be aware of your environment and keep these points in mind when planning for safety. A safe environment starts with simple habits: keeping walkways clear, maintaining working alarms, checking equipment regularly, and making sure everyone knows basic emergency procedures. Clear communication matters just as much. When people speak up about hazards or concerns, problems get solved early instead of after something goes wrong. Is your alarm system functioning at home? Have you checked that your fire extinguisher or extinguishers are up to date? Do you have fire blankets available? Is there a designated safe meeting place outside where your family can gather in case of a fire or home invasion? Responsibility ties it all together. Each of us plays a role in keeping our homes and workplaces safe. When you take ownership of your space and lead by example, others follow. As I always say, Stay Situationally Aware. Stay Prepared and ALWAYS, Stay Safe. Gregg Kielma
Why Owning a Firearm Is a Proactive Choice 01-16-26 ----By Gregg Kielma, Owner & Lead Instructor, Tactical K Training and Firearms My philosophy has always been and has never changed, being proactive means taking responsibility for your safety, your preparedness, and your peace of mind long before a crisis ever occurs. In my decades of training students across Florida and beyond, I’ve seen one truth stand out: owning a firearm—paired with proper training—is one of the most proactive steps a person can take to protect themselves and their loved ones. Let's Take a LOOK, My thoughts: Preparedness Begins Before the Emergency Most people lock their doors, install smoke detectors, and keep a fire extinguisher in the kitchen. Not because they expect danger every day, but because they understand that preparation saves lives. A responsibly owned firearm fits into that same mindset. It’s a tool you hope you never need, but one that can make all the difference when seconds matter and help is minutes away. Training Builds Confidence, Not Fear Proactive firearm ownership isn’t about paranoia or aggression. It’s about education, skill, and confidence. When you train regularly, you develop: • Safe handling habits • Clear decision making under stress • Respect for the responsibility that comes with carrying a firearm • The ability to protect yourself without hesitation or uncertainty Confidence is not built in the moment of crisis. It’s built on the range, in the classroom, and through consistent practice. A Mindset of Responsibility Owning a firearm proactively means embracing a higher standard of responsibility. That includes: • Secure storage • Understanding the law • Maintaining your equipment • Staying current with training and best practices This mindset doesn’t just make you safer — it makes your household and your community safer as well. Empowerment Through Knowledge Knowledge is power, and proactive firearm owners invest in learning. They understand situational awareness, conflict avoidance, and de-escalation. They know that the best fight is the one you never have to be in. A firearm is simply the final tool in a layered approach to personal protection. Kielma’s Parting Shot: Protecting What Matters Most At the end of the day, being proactive is about protecting the people you love. It’s about refusing to leave your safety entirely in the hands of others. A firearm, when paired with proper training and a responsible mindset, gives you the ability to act decisively when it matters most.
AED's For Home and Business Why? Let's Take a LOOK Gregg Kielma January 15, 2026 As someone who is certified to teach CPR and sells Defibrillators, I'm often asked if you should have an AED at home. The answer is yes—during a heart attack, every second counts. Using CPR with an AED can save the precious lives of family friends and loved ones. The cost of home defibrillators is minimal compared to the alternative. Most home AED’s cost $700.00-$1000.00 depending on make and models. Expensive? Not really when lives matter. Having an Automated External Defibrillator (AED) in both your home and business is one of the most powerful steps you can take to protect the people who matter most, family, friends, coworkers and customers. Sudden cardiac arrest can strike anyone, anywhere, and every minute without intervention dramatically reduces the chance of survival. Emergency responders do incredible work, but even in the best conditions, they may be minutes away and those minutes are critical. During a cardiac event every second counts. An AED bridges that gap by giving everyday people the ability to deliver life‑saving action before help arrives. Modern AEDs are simple, intuitive, and designed for anyone to use, even under stress. For families, having an AED at home means you’re prepared for the unexpected, especially if you have loved ones with heart conditions, active lifestyles, or higher risk factors. For businesses, an AED demonstrates a commitment to employee and customer safety, strengthens your emergency response plan, and can significantly reduce liability by showing you took reasonable steps to safeguard your environment. At Tactical K Training and Firearms, I believe preparedness is more than equipment, it’s a mindset. An AED is not just a device; it’s a life‑preserving tool that empowers you to act decisively when seconds matter. Thank you for reading if you like this article please let me know. Gregg Kielma, Tactical K Training and Firearms
Gregg Kielma The Smart Gun Owner: A Model of Responsibility and Preparedness By Gregg Kielma Tactical K Training and Firearms 01/14/2026 I regularly teach my philosophy, "Always Be Safe," focusing on safe and responsible firearm handling. A smart gun owner is more than someone who simply possesses a firearm. They embody a mindset—one built on responsibility, awareness, and a commitment to safety. In communities across America, smart gun owners play a vital role in promoting safe practices, protecting their families, and setting a positive example for others. Their approach to firearm ownership reflects maturity, discipline, and respect for the tools they carry. Knowledge First, Always: Smart gun owners understand that education is the foundation of safe firearm ownership. They seek out training, stay informed about current laws, and continuously refine their skills. Whether it’s mastering safe handling, improving marksmanship, or learning about situational awareness, they recognize that knowledge is their most valuable asset. Safety as a Way of Life: For the smart gun owner, safety isn’t a checklist, it’s a lifestyle. They store their firearms securely, handle them with care, and follow established safety rules every time. Their habits reduce risks, prevent accidents, and set a standard for others to follow. By modeling safe behavior, they help create a culture where responsibility is the norm. Protecting What Matters Most: Many people choose to own firearms for personal and home defense. Smart gun owners take this responsibility seriously. They understand that a firearm is a tool of last resort, used only when escape or avoidance is impossible. Their focus is on protecting loved ones, not seeking conflict. This mindset reinforces the true purpose of responsible ownership: preserving life. Commitment to Skill and Discipline: Smart gun owners know that proficiency doesn’t happen by accident. They practice regularly, maintain their equipment, and stay sharp. Their discipline extends beyond the range—into how they think, plan, and prepare. This dedication ensures they are capable, confident, and ready to act responsibly if the need ever arises. Leaders in Their Community: By sharing knowledge, encouraging safe practices, and supporting others, smart gun owners strengthen their communities. They help dispel myths, promote responsible behavior, and demonstrate that firearm ownership—when paired with education and respect—can be a positive force. Their leadership inspires others to follow the same path of responsibility. Kielma’s Parting Shot: A smart gun owner is defined not by what they carry, but by how they think and act. Their commitment to safety, education, and responsibility sets them apart. They are protectors, learners, and role models—individuals who understand that owning a firearm is both a right and a profound responsibility. Gregg Kielma
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Why Real Estate Agents Should Prioritize Safety Training Gregg Kielma 01/11/2026 Please stay safe Friends in the Real Estate Business. Here are my thoughts and what I teach. Kielma advises real estate agents spend their days meeting strangers, entering unfamiliar properties, and working alone in unpredictable environments. While the industry focuses heavily on sales skills and market knowledge, personal safety is just as essential. Safety training equips agents with the awareness, confidence, and practical tools they need to protect themselves while serving clients professionally. A High-Risk Profession • Agents often meet clients they’ve never met before, sometimes in vacant or remote locations. • Open houses and showings can attract anyone—including individuals with harmful intentions. • Many incidents involving assaults, robberies, and threats occur during routine real estate activities. Situational Awareness Saves Lives: These skills help agents avoid dangerous situations before they escalate. Safety training teaches agents how to: • Recognize suspicious behavior early • Maintain control of their environment during showings • Use safe positioning and exit strategies • Trust their instincts without feeling unprofessional Professionalism Includes Personal Protection Clients trust agents to guide them through major financial decisions. An agent who prioritizes safety demonstrates responsibility, preparedness, and professionalism. Safety trained agents are more confident, make better decisions under stress, and reduce liability for themselves and their brokerage. Empowerment Through Education: This knowledge benefits them not only in their career but in everyday life. Safety training empowers agents with: • De-escalation techniques • Communication strategies • Legal considerations for self defense • Practical tools for staying safe on the job Kielma’s Parting Shot Real estate agents face unique risks that can’t be ignored. Safety training isn’t optional, it’s a critical investment in personal well-being, professional credibility, and long-term career success. Brokerages that encourage or require safety training show they value their agents and are committed to creating a safer industry.
