The Courts and The Second Amendment
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.”
Open carry is "the law of the state," Florida's top cop says The open carry of firearms is now legal in Florida thanks to a recent court decision deeming the state's ban on the practice unconstitutional, Attorney General James Uthmeier announced Monday. Why it matters: His guidance provides a statewide read of the appellate court decision amid differing interpretations by local law enforcement leaders. Driving the news: "As of last week, open carry is the law of the state," Uthmeier posted on X about the First District Court of Appeal's ruling, issued Wednesday. • Attached was a memo to Florida law enforcement agencies and state attorney's offices saying they "should refrain from arresting or prosecuting law-abiding citizens carrying a firearm in a manner that is visible to others." Between the lines: Although the nearly 40-year-old law banning the practice can only be repealed by the Legislature, several agencies indicated prior to Uthmeier's guidance that they would stop enforcing it. Yes, but: Some sheriffs — including those in Pinellas, Polk, Hernando and Manatee — said that open carry remains illegal until Sept. 25, after the 15-day window during which parties can appeal the court ruling. • "To be on the safe side, you probably don't want to change your actions until Sept. 25," Hernando County Sheriff Al Nienhuis said Monday in a Facebook Live video. • Uthmeier refuted that in his memo, citing legal precedent that says the effective date "is the date appearing on the face of the decision." The intrigue: Pinellas Sheriff Bob Gualtieri, who has long been against open carry, further questioned the reach of the ruling, saying Friday in a statement that Pinellas is under the jurisdiction of the Second District Court of Appeal, not the First. • Gualtieri also noted a previous Florida Supreme Court ruling that upheld the ban, saying that it may trump the lower court's decision. What they're saying: "We will follow the law and respect statutes and court decisions," said Gualtieri, who is also a lawyer. "However, we must know 'what' the law is and where it is applicable before we can decide 'what' and 'how' we enforce the law." • The agency will publish additional guidance to the public before Sept. 25, Gualtieri said, "but in the meantime, please remember, the open carry of guns in Florida is still unlawful." • Gualtieri did not immediately return Axios' request for comment Monday. Zoom out: Both local sheriffs and Uthmeier emphasized that last week's decision doesn't impact where you can bring a gun. • Private property owners maintain their right to ask those bearing arms to leave. • Guns remain banned at government buildings and meetings, schools, polling places, college campuses and bars.
They killed the man… but they could never slay the idea. Charlie Kirk drew his last breath at the hands of a depraved assassin. He leaves behind a widow and two small children – one of whom instinctively ran to him for comfort after hearing the shot ring out. Charlie was a family man. A believer in fair, open-minded dialogue. A champion of good-faith debate. These things carried him… until that bullet stole his life. Take a moment. Let grief wash over you. Feel the ache for his wife, his children, his loved ones. This was no political encounter. This was an innocent soul, cut down while standing for what he believed. But here’s what they won’t understand: Charlie may have fallen, but the ideals he championed swirl stronger now than ever. A single bullet might end a heartbeat… but it cannot end the idea that beat within that heart. That idea is you. Millions across this nation stand in that very heartbeat. With courage. With conviction. With eyes wide open to the evil forces rising among people who are fundamentally at war against the principles that make this nation great, forces that traffic in coercion, in censorship, in an unhinged thirst for power. These are not abstract threats: they seek to break you, your family, your freedom. When they require silence, we must roar. When they want you cowed, we must stand tall. Now is no time for quiet compliance. Now is the time to organize, to rally, to fortify yourself politically and spiritually. To that end, Tactical K Training and Firearms is donating $1,000 to Turning Point USA… because we can’t think of a better way to pay tribute to this fallen Patriot, a God and family loving man for truth and freedom. We invite you to stand beside us. Please donate today. Every dollar you give fuels: • The courage to speak truth… even when the mob demands silence • The training to understand politics, policy, and our rights… so we can defend them • The infrastructure to build movements rooted in grace, strength, and unyielding hope Invest in the idea. Invest in your children’s future. Because they killed the man, but never the idea. And you are that idea alive, beating, and refusing to yield. Stand with us. Honor him. Protect your family’s freedom. Please give to Turning Point USA God Bless America, Charlie Kirk and his family.
Recently a friend learned someone they know owns a firearm. How do I 'red flag' them so the government takes the firearm away and destroys it? Gregg Kielma Says Gregg Kielma, firearms Instructor, FFL Gunsmith and First Aid Fundamentals Instructor, "thank you, John, for your question, it highlights the reason why most gun owners protest red flag laws. It's because of people like you John, that believe that just owning a firearm is a crime. You are the one that cause legal firearms owner death of innocent people through lies and deceit. John, what do you think happens when the police come in the middle of the night with a no-knock warrant? The lies you told law enforcement concerning a legal firearm owner who use firearms for protection and their safety amounts to a crime. It sets the stage for armed confrontation and for what? A police officer or innocent homeowner dies because you don't like firearms and you're a liar? John, thank you for your question. This may help clarify why some people have concerns about red flag laws. John’ if you ever do such a thing you should go to jail for the rest of your life. No appeal, no questions—just time in a jail cell to reflect on your actions. Shame on you.
If you are carrying a concealed firearm and are approached by someone with a knife with the intention of robbing you, should you threaten them by saying you have the gun, or draw it first? Thoughts from Tom H. Says Kielma, you give the commands, stop, stop, The perp has one of two choices, retreat or continue to advance. Either way you're in a very difficult position. Use distance and time to your advantage. Always be situationally aware. T he perp already knows the risks and is committed. See Tom’s reasoning below. Your gun is ‘all or none’. Don’t threaten, don’t brandish, don’t mess around. Use it, or don’t. Once you decide that you need to shoot and commit to that course of action, you draw and fire. If he didn’t get the picture in the half second or so you afforded him, that’s unfortunate for the perp. He should have thought about that when he decided to try to rob you with a deadly weapon. If he’s within twenty-one feet, or just a little more than the length of a full-sized pickup truck, you are essentially out of time. If he gets any closer before you decide to draw and fire, he can charge you and slash or stab you with his blade before you’ll be able to draw, aim, and fire at him. You might have hit him as he’s closing in, however, he’ll still have the inertia to reach you if you can’t make space between you and him. You also don’t know what he has in mind unless he says things that clue you in. He may be wanting to rob you, but he also may just want to stab you to death for whatever twisted reason his broken brain can conjure up. There may be someone or something he absolutely despises, and for some reason, when he looked at you, his delusional mind registers that. If he attempts to attack you with a knife, you counter his attack with your gun to keep his knife away from you.
Common Myths and Misconceptions About Firearms and Ammo Gregg Kielma Firearms and ammunition tend to stir strong emotions and heated arguments. Some of that comes from genuine concerns, but just as much is fueled by myths that have been repeated so often they feel like fact. You'll hear them in news stories, political debates, gun shop chatter, and even around the dinner table1 claims about how guns work, how dangerous ammunition really is, and what different terms actually mean. If you want a real conversation about firearms, it helps to clear away the fog. Here's a closer look at some of the most persistent gun myths, with a dose of reality. Key Points • Inaccurate ideas about firearms from rumors, mass media, and political rhetoric can endanger people and distort policy debates. It's important to ground our perspectives in facts. Why These Myths Matter • Some of these misconceptions are harmless but others shape how people vote, legislate, and talk about safety. Believing that a suppressor makes a gun silent, for example, can lead to calls for bans based on an inaccurate picture of what they do. Thinking that ammo is dangerously unstable might cause unnecessary fear, while assuming a gun never needs cleaning could result in a dangerous malfunction. Reliable information enables safe gun maintenance, clarifies risks for non-owners, and ensures informed public discussion. For those wanting more gun regulations, understanding how they work can help focus political effort on things that really will help improve public safety, not just assuage public opinion. Myth 1: "Silencers" Make Guns Whisper-Quiet • In Hollywood, the hitman fires a pistol with a little metal tube on the end and all you hear is a soft pfft. The truth is far less sneaky. A suppressor often called a "silencer “doesn’t make a gunshot silent. It simply reduces the noise by about 20 to 35 decibels, which is enough to make shooting safer for hearing but nowhere near silent. A typical suppressed handgun is still as loud as a jackhammer. It won't go unnoticed, and hearing protection is still a must at the range. Suppressors are about reducing ear damage and improving shooter comfort, not about turning gunfire into a whisper. Myth 2: Ammunition "Goes Off" Easily • Some imagine that a box of cartridges is like a row of tiny grenades, ready to detonate if dropped or left in the sun. A bullet fires only when its primer is sharply struck, usually by a gun's firing pin. Dropping a round might dent the casing or damage the bullet, but it won't cause the kind of dramatic explosion you see in movies. Extreme heat can make ammo dangerous, and rounds tossed into a fire may pop. But without a gun barrel to contain and direct the energy, the bullet isn't going to rocket across the room like a miniature missile. Safe storage still matters, but the odds of "accidental" firing from normal handling are extremely low. Myth 3: Modern Civilian Guns Are "Machine Guns" • A common confusion exists between semi-automatic and fully automatic firearms. Civilian rifles that resemble military models are typically semi-automatic, firing one round per trigger pull. In contrast, fully automatic weapons—often called machine guns—fire continuously while the trigger is held and have been strictly regulated in the U.S. since 1934. Visual similarity does not mean identical function. Myth 4: Bigger Caliber Means Guaranteed "Stopping Power • Pop culture often portrays larger bullets as having greater effects, but while bigger calibers can generate more energy, shot placement is generally more important for stopping a threat. A small round placed accurately may be more effective than a larger one that does not hit vital areas. Medical studies indicate that there is no specific bullet size that ensures instant incapacitation, except for explosive devices such as grenades. Actual outcomes are influenced by factors like target movement, shooter accuracy, ammunition design, and chance. Myth 5: Ballistic "Fingerprints" Are Foolproof • Crime shows often portray forensic experts matching a recovered bullet to a specific gun with certainty. While it's true that rifling in a barrel leaves unique marks on bullets, these markings can change over time as the barrel wears. Poor-quality ammo, damaged bullets, or environmental factors can make identification harder. In the real world, ballistic matching can be a valuable investigative lead, but it's far from the flawless "fingerprint" you see on TV. Myth 6: You Don't Need to Clean Modern Guns • Some owners believe that advancements in modern manufacturing make gun cleaning less necessary. While many contemporary firearms are more corrosion-resistant than older models, regular maintenance remains important. Powder residue, dirt, and moisture can cause malfunctions, particularly with frequent use or improper storage. Cleaning and applying lubrication support reliable firearm function. For guns kept loaded for home defense, periodic inspection and maintenance—at least every few months, or sooner if fired—is recommended. Myth 7: "Smart Guns" Are Common and Reliable • Smart guns, designed to work only for authorized users via fingerprint or RFID technology, remain costly, slow, and prone to malfunction in real-world scenarios. Adoption by police, military, and civilians has been minimal. Colorado's Bio fire is among the first to offer a biometric gun with facial recognition. Myth 8: Gunshots Have Great Range and Accuracy • Many people believe firearms can easily hit distant targets, but actual effective range varies by firearm type, ammunition, and shooter skill. Most handguns are reliable up to 25–60 yards, while rifles require training and good equipment for consistent long-range accuracy—details often overlooked in movies. Myth 9: "Armor-Piercing" Ammo Is Everywhere • The term "armor-piercing" is often misused. Police body armor stops most handgun rounds, but some rifle cartridges can penetrate based on bullet type, velocity, and armor rating. True armor-piercing rounds are military-grade and illegal for civilians. Myth 10: Ammunition Expires Quickly • Ammunition has a shelf life of decades when stored in a cool, dry place away from temperature extremes. Many World War II surplus rounds still function reliably. However, any ammo showing signs of corrosion, swelling, or damage should be safely discarded. Myth 11: Explosions, Richochets, and More • Films often depict cars exploding when shot, bullets propelling individuals backward, and ricochets occurring on any metal surface. Gunfire rarely causes cars to explode, as gasoline must vaporize and mix with air at a specific concentration for an explosion to occur, and vehicles are constructed to reduce fuel explosion risks. Individuals struck by bullets typically fall in place or stumble rather than being forcefully moved. Ricochets are less frequent than commonly portrayed; their occurrence and behavior depend on the bullet type, the material's hardness, and the angle of impact.
Gun recovered in Charlie Kirk assassination revealed — and ammo bore pro-trans, anti-fascist messages A rifle recovered in the hunt for conservative influencer Charlie Kirk’s assassin contained ammo engraved with “transgender and anti-fascist ideology,” according to preliminary reports from law enforcement sources. The weapon — an imported .30-06-caliber Mauser bolt-action rifle was discovered wrapped in a towel by investigators in a wooded area following the killing of the conservative leading light, who was shot once while speaking at an event at Utah Valley University on Wednesday, according to the memo. A bolt-action rifle recovered near the scene where Charlie Kirk was fatally shot is seen in a photo obtained by the New York Post. Obtained by the NY Post A source familiar noted that the Justice Department is investigating the descriptions alleged in the ATF memo, but that the agency was unable to confirm that the description matched the evidence recovered at the scene. Kirk, 31, was struck in the neck by a single shot fired from a distance of around 200 yards while answering an audience member’s question about mass shootings committed by transgender people. A surveillance image of the person of interest wanted for the shooting of Charlie Kirk. Sources said they believe the fatal shot was a high-caliber round — similar to the ammo used in long-range sniper rifles or for hunting big game. The father of two and Turning Point USA founder was rushed to a nearby hospital, where he was later pronounced dead.
If someone is pointing a gun on you, would you still try to draw your gun? Gregg Kielma No. Not while they are looking directly at me anyway. That’s a good way to end up shot or possible dead. You wait your turn. Anyone carrying a concealed firearm should have at least a 1.5 second draw to the first shot time. So, the idea is to wait until the chance presents itself and then go to work. That is called “waiting your turn”. For example, if someone is pointing a gun at you and they turn their head to look at something else and their ear is towards you, that means it is now your turn. With a 1.5 second draw to the first shot time, if his ear is towards you, you can literally put a couple bullets in the guy before he has time for his mind to register what is going on and react. A 1.5 second draw to the first shot is not that hard to accomplish. Anyone who is a concealed carrier should be able to achieve a 1.5 second draw to first shot. If the perp turns the back of his head towards you, it gets even better for you because now all you need is about a 2.5 second draw to the first shot time which is easy to accomplish with practice. However, if the perp is looking directly at you… it’s practically a no-win situation for you so it’s almost always better to wait your turn. I highly suggest training with Tactical K Training and Firearms today. There is information on the website to sign up for class with a certified instructor. We will conduct real self-defense encounters, break down the options, analyze what is happening, and teach you about when and how to react. It’s lifesaving information. Please call or sign up today.
Florida Gov. Ron DeSantis has shown the country how pro-gun governors operate By Lee Williams Every morning as I don my Staccato 9mm and my Microtech automatic knife without any permits or paperwork cluttering my wallet, I realize that these freedoms would never have taken place without the honest pro-gun leadership of Florida Gov. Ron DeSantis. Law-abiding Floridians no longer need to apply in writing or pay a state fee to carry a concealed weapon. Gov. DeSantis saw to that. For the state’s millions of gun owners, our 46-year-old, soon-to-be-former governor has been a true friend. Unfortunately, DeSantis is term-limited and barred from running again. Fortunately, during his terms in office, the good governor gave gun owners one heck of a good ride. Let’s take a close look at his pro-gun accomplishments. Permitless concealed carry On April 3, 2023, in Florida’s state capitol of Tallahassee, Gov. DeSantis signed House Bill (HB) 543, which strengthened Floridians’ Second Amendment rights by allowing concealed weapons to be carried without a state permit. Concealed-carry permits are still available but are no longer required. “Constitutional Carry is in the books,” Desantis said at the time. Florida became the 26th state to enact concealed-carry legislation. However, Open Carry remains prohibited. According to state law, Floridians may only carry an exposed handgun “while traveling to or from fishing, camping, hunting or target shooting.” “Would be great to see it hit my desk — Florida needs to join the overwhelming majority of states and protect this right,” DeSantis posted about Open Carry on X. DeSantis has promised he would change this and sign Open Carry legislation; however, the state’s Republican-led legislature has never given him a bill to sign, and they have never fully explained why. Some believe tourism – Disney and the beaches – as well as the powerful Florida Sheriffs Association could be the reasons why millions of Floridians do not yet enjoy all of their Second Amendment rights. Florida State Guard In December 2021, while Joe Biden occupied the White House, DeSantis created the Florida State Guard, a 200-member volunteer paramilitary force that answered to him, not Joe Biden. The Florida State Guard assists the Florida National Guard in state emergencies. DeSantis noted that the Florida State Guard was not “encumbered by the federal government,” and that the unit would give him “the flexibility and the ability needed to respond to events in our state in the most effective way possible.” Florida, he pointed out, has always been one of the most pro-military and veteran-friendly states. “We are proud of our veterans and active-duty military members and proud of what our communities do to support them,” DeSantis said in a press release. “Florida is one of the most veteran friendly states and I think there are very few places that you would rather be on duty than in the state of Florida. As a veteran, I really appreciate what everyone who wears the uniform does in our state and am excited about these proposals – they will go a long way and have a meaningful impact. In Florida, we are going to continue our momentum of supporting our military, supporting our veterans and being good stewards of our military installations.” Other 2A actions Last May, DeSantis ended a confusing portion of state law that automatically imposed reprehensible firearm restrictions during a local state of emergency.
Jefferson Parish Man Guilty of Possessing Machine Gun Thursday, September 4, 2025 U.S. Attorney's Office, Eastern District of Louisiana shane.jones@usdoj.gov NEW ORLEANS, LOUISIANA – Acting U.S. Attorney Michael M. Simpson announced that on August 21, 2025, JAHBRELL PRICE (“PRICE”), age 25, of Marrero, La. plead guilty before United States District Judge Nannette Jolivette Brown to a two-count indictment pending against him. Count 1 charged PRICE with possession with the intent to distribute a controlled substance, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(3). Count 2 charged PRICE with possession of a machine gun, in violation of Title 18, United States Code, Sections 922(o) and 924(a)(2). Sentencing is set for December 4, 2025. According to court documents, on January 7, 2024, Jefferson Parish Sheriff’s Office detectives located PRICE at a motel in the 6700 block of Westbank Expressway, Marrero, Louisiana. He was taken into custody for an outstanding Orleans Parish arrest warrant. Detectives then secured a search warrant for PRICE’s hotel room and located twenty (20) bottles of promethazine (9,460 ml), $1,375.00 in United States currency, and a Glock Model 45 nine-millimeter handgun with an attached external and visible machine gun conversion device. PRICE faces up to 1 year imprisonment, up to a $100,000 fine, and a $50 mandatory special assessment fee as to Count One, and up to 10 years imprisonment, up to a $250,000 fine, and up to 3 years of supervised release for Count Two, as well as payment of a $100 mandatory special assessment fee for each count. This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results. Acting U.S. Attorney Michael M. Simpson praised the work of the Bureau of Alcohol, Tobacco, and Firearms. The case was prosecuted by Assistant United States Attorney Mary Katherine Kaufman of the General Crimes Unit . Contact Shane M. Jones Public Information Officer United States Attorney’s Office, Eastern District of Louisiana United States Department of Justice Updated September 4, 2025
Laredo Weapons Trafficking Coordinator Pleads Guilty to Charges for Conspiring to Smuggle Military Grade Firearms to Mexican Drug Cartel U.S. Attorney's Office, Western District of Texas SAN ANTONIO – A Laredo man pleaded guilty in a federal court in San Antonio today to four conspiracy counts related to his role as the coordinator for a weapons trafficking organization that illegally obtained hundreds of firearms and smuggled them from the U.S. to Mexico in support of the Cartel Del Noreste (CDN). According to court documents, Gerardo Rafael Perez Jr. aka Jerry, 24, and his network of straw purchasers illicitly obtained the firearms, including FNH SCAR rifles, Barrett .50 caliber rifles, FNH M249S rifles, M240s and M1919s, from gun stores and unlicensed dealers in San Antonio and other Texas cities. They also acquired FightLite MCR belt-fed upper receivers, which allow standard AR-15 lower receivers to use belt-fed ammunition and provide for a greater capacity of continuous fire before reloading. Perez directed the acquisition, trafficking, and illegal export of guns and parts in support of the cartel, all without an export license or a license to deal firearms. Agents searched for the cell phones of multiple straw purchasers of firearms who were receiving directions from Perez, revealing communications in which Perez sent instructions on specific guns to buy from specific sellers across Texas. On one occasion, a straw purchaser purchased six firearms for Perez in San Antonio with nearly $50,000 in cash, including three FN SCAR 17S 7.62 caliber rifles, an FN SCAR 20S 7.62 caliber rifle, an FN M249S belt-fed rifle 5.56 caliber, and a Barrett M82A1 .50 caliber rifle, all which Perez acquired for the purpose of delivery to Mexico. Communications showed Perez telling another straw purchaser he was obliterating serial numbers from trafficked guns so there was no way the gun could be tracked to the original seller. On Sept. 26, 2023, law enforcement conducted a search of Perez’s residence and recovered multiple firearms and various types of ammunition, blank ATF Form 4473s, and CDN jewelry. Agents seized and searched Perez’s cell phone and found photos depicting him in tactical gear and wearing CDN jewelry, as well as photos of numerous guns. His phone also contained messages in which Perez solicited firearms, coordinated their purchase, and negotiated prices with sellers. Perez was arrested March 20, 2024, along with co-defendants Antonio Osiel Casarez, Luis Matias Leal, Francisco Alejandro Benavides Jr., and Mark Anthony Trevino Jr. Three other co-defendants, Gerardo Ibarra Jr., Gerardo Corona Jr., and Jose Emigdio Q. Mendoza were named in an earlier indictment and arrested in 2023. The ninth and tenth co-defendants, Armando Mata Jr., and Felipe Vasquez III, were charged in a superseding indictment and arrested in March 2025. Perez pleaded guilty today to conspiracy to traffic firearms, conspiracy to straw purchase firearms, conspiracy to smuggle goods from the United States, and conspiracy to possess firearms in furtherance of a drug trafficking crime. He faces up to 25 years in federal prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors. U.S. Attorney Justin R. Simmons for the Western District of Texas made the announcement. The Bureau of Alcohol, Tobacco, Firearms and Explosives and Homeland Security Investigations are investigating the case. Assistant U.S. Attorney William Calve is prosecuting the case. 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 (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). ### Contact USATXW.MediaInquiry@usdoj.gov Updated September 4, 2025
