October 23, 2017

Federal Court Rejects Injunction to Ban Weapons Carry on Federal Land

From attorney for Mountain States Legal Foundation:

“FYI – a good day…

Last Friday, in a case in which we represent the Mountain States Legal Foundation, the Idaho federal district court rejected the attempt by federal lawyers (a U.S. Department of Justice attorney was flown into Boise to argue the case) to dismiss the MSLF lawsuit on behalf of two Idaho individuals who seek to carry loaded firearms on Corps of Engineers managed recreational lands. In addition, over the federal government’s objection, the district court granted a preliminary injunction barring the Corps from enforcing its unconstitutional regulation. The district court’s opinion is quite strong on the fundamental nature (relying on Heller) of the right guaranteed by the Second Amendment, both while in tents on federal land and for the purposes of self-defense. Bear in mind that the Corps has property open for public recreation in 43 States. I have attached the opinion.

Best Regards,

John L. Runft
Runft & Steele Law Offices, PLLC
1020 W. Main St., Suite 400
Boise, Idaho 83702

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The Modern Child

Humor: True stories:

A young lady of perhaps 3 was with family and making quite a mess eating an ice cream cone. She was told by one family member that she needed to learn how to eat an ice cream cone without making such a mess. The 3-year-old replied, “Well, I need more practice.”

Later on that day, the 3-year-old emerged from a store after shopping. It was raining. The young lady said, “Oh, God!”, in disgust of the weather. The mother explained to the little girl that we shouldn’t use God in that manner. In response, the little girl said, “Well, damn it! It’s raining!”

Once again her mom explained that that wasn’t a proper way of speaking, to which the little girl replied, “Well, shit! What am I supposed to say then?”

I take it the subject was dropped.

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Engraving Can Be A Beautiful Thing

Photo:

WrongHouse

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RMEF Membership Tops 200,000

MISSOULA, Mont.–For the first time in its 30-year history, the Rocky Mountain Elk Foundation surpassed the 200,000 member mark. Membership now stands at an all-time high of 203,703. The new total, as of the final day of 2013, is 7,624 higher than the end of 2012. It also marks record growth for the fifth year in a row.

“We are extremely thankful for all our members and volunteers who believe and invest in our mission to ensure the future of elk, other wildlife, their habitat and our hunting heritage,” said David Allen, RMEF president and CEO.

The surge in membership continues a trend that began in 2008. Since then, hunters and conservationists joined RMEF to increase overall membership by more than 25 percent.

Evidence of RMEF’s growing membership also exists in its growing social media presence. RMEF recently passed 100,000 likes on Facebook and set an organization record by reaching more than 2.1 million Facebook users over a seven day period in late 2013. RMEF is also active online via its website and blog as well as Instagram, LinkedIn, Pinterest, Twitter and YouTube.

“More and more people are finding out that RMEF stands tall alongside sportsmen and women in support of conservation, wildlife management and hunting,” added Allen. “Hunters remain the driving economic force that funds land and wildlife conservation in North America. We will continue to press forward in our quest to conserve and enhance vital habitat, create and secure public access, restore elk to their native range, strengthen and ensure the future of our hunting tradition, promote the management of all wildlife including predators and spread the fact that hunting is conservation.”

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Kalifornia Labels Gasoline as Cause for Global Warming

I have always read that Californication is the testing ground for how much Americans can take and how they react to issues that are intended to be implemented in the One World Government as part of the New World Order.

For those who actually thought most people had caught onto the fraud of global warming, isn’t this proof the Governments don’t care? So what do you call a state that does exactly what it wants, when it wants and to whom it wants and to hell with the people? Answers due by noon tomorrow.

GasWarning

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Montana AG submits cert petition in MSSA v. Holder

Dear MSSA Friends,

Tim Fox, Montana’s Attorney General, has submitted a separate petition to the US Supreme Court for the Court to accept our lawsuit to validate the principles of the Montana Firearms Freedom Act, MSSA v. Holder.

Attorneys tell me that this separate cert petition by the State of Montana will significantly improve the chances that the Supreme Court will accept and rule on MSSA v. Holder.

I am disappointed in the content of Montana’s separate cert petition, however. Rather than keeping with our broad theme of liberty, and resurrection of the Ninth and Tenth Amendments, Montana’s petition seeks a remand to the Ninth Circuit for reconsideration of the “substantial effects” doctrine associated with historic Interstate Commerce Clause jurisprudence. Unfortunately, discussion of “substantial effects” is the lawyers’ version of the classic theological debate about how many angels can dance on the head of a pin. Plus, previous challenges to federal Interstate Commerce Clause authority that relied on attacks on the “substantial effects” doctrine have failed.

So, thumbs up to AG Fox’s effort for Montana to submit its own cert petition. However, diminished kudos for allowing that effort to distract from the broad principles of liberty that have been asserted all along by MSSA and our supporters, and for seeking to devolve the case into lawyers’ arguments about legal trivia (even though Fox’s petition did a great job of arguing the legal trivia).

If you’re interested in reading them, the cert petitions from MSSA and Montana, and the supporting briefs by our friends, are all posted at:
http://firearmsfreedomact.com/montana-lawsuit-updates/

The Supreme Court should now decide soon, probably within 45 days, if it will accept and consider MSSA v. Holder.

Many of you will remember and appreciate that getting this case before the US Supreme Court is the culmination of a decade of effort. I originally wrote the Montana Firearms Freedom Act in 2004. We had it before the Montana Legislature in 2005 and 2007, and finally got it passed in 2009. We filed our federal lawsuit to validate the principles of the MFFA on the day the MFFA became effective in Montana, October 1, 2009.

The purpose of the MFFA and the lawsuit is to roll back federal power asserted under the Constitution’s Interstate Commerce Clause, which allows Congress to “regulate commerce … among the several states.” For this effort to trim back federal power, firearms are the vehicle for the exercise, but not the object of the exercise. The MFFA declares that the feds simply have no authority to regulate any firearms made and retained within Montana.

Eight other states have enacted clones of the original MFFA, and 23 other states have introduced MFFA-clone bills.

Many thanks to Missoula attorney Quentin Rhoades who has been our stalwart champion in this lawsuit since the beginning. Thanks also to MSSA’s co-plaintiff in the case, the Second Amendment Foundation, and to the many amici (friends of the court) who have supported us, which include the Weapons Collectors Society of Montana, the Center for Constitutional Jurisprudence, the AG of Utah (also representing 12 other AGs), and others.

Best wishes,

Gary Marbut, President
Montana Shooting Sports Association
http://www.mtssa.org
Author, Gun Laws of Montana
http://www.MTPublish.com

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A Monster Tree

PHOTO: Creativity with antlers and skulls.

MonsterTree

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Making For A Warmer Toilet Seat

I suppose one might suggest to make sure the person whose socks these are to be used, didn’t have a bad case of athletes foot….or been wallowing in the poison ivy.

ToiletSeatSocks

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Straight Facts: How Coyotes Impact Deer Herds

Clearly, removing predators can increase the number of fawns that survive. We did not “scientifically” measure the increased pleasure of hunters on this farm, but I will report that they were very happy. Why wouldn’t they be? I like seeing deer and work hard to help folks grow healthy deer. Predators, especially coyotes, eat a lot of deer. They also cause deer stress. Stress can keep those deer from expressing their full potential in weight, fawn production, and—yes—antler size!

Does this mean I think all coyotes should be killed? Heck no. I enjoy hearing coyotes; they are part of the wild experience I crave. However, as a biologist and hunter, I know it is important for predator and prey relationships to be kept in balance. This rarely happens “naturally.” There are plenty of records of predators doing extreme damage to prey populations. Most hunters have heard about the substantial decreases in some elk populations, where the wolf populations have been allowed to go unchecked.<<<Read More>>>

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More Than One Way for a Dictator to Disregard Constitution and Create His Own Laws

fascistpropaganda - Copy

From the White House:

FACT SHEET: Strengthening the Federal Background Check System to Keep Guns out of Potentially Dangerous Hands

Today, the Administration is announcing two new executive actions that will help strengthen the federal background check system and keep guns out of the wrong hands. The Department of Justice (DOJ) is proposing a regulation to clarify who is prohibited from possessing a firearm under federal law for reasons related to mental health, and the Department of Health and Human Services (HHS) is issuing a proposed regulation to address barriers preventing states from submitting limited information on those persons to the federal background check system.

Too many Americans have been severely injured or lost their lives as a result of gun violence. While the vast majority of Americans who experience a mental illness are not violent, in some cases when persons with a mental illness do not receive the treatment they need, the result can be tragedies such as homicide or suicide.

The Administration takes a comprehensive approach to mental health issues by expanding coverage of mental health services so care is affordable, launching a national conversation on mental health to reduce stigma associated with having a mental illness and getting help, directing funds we have now to improve mental health facilities, and proposing more funds be used for efforts such as training additional mental health professionals.

At the same time, the Administration is committed to making sure that anyone who may pose a danger to themselves or others does not have access to a gun. The federal background check system is the most effective way to assure that such individuals are not able to purchase a firearm from a licensed gun dealer. To date, background checks have prevented over two million guns from falling into the wrong hands.

The Administration’s two new executive actions will help ensure that better and more reliable information makes its way into the background check system. The Administration also continues to call on Congress to pass common-sense gun safety legislation and to expand funding to increase access to mental health services.

Progress to Strengthen the Federal Background Check System

Over the past year, the Administration has taken several steps to strengthen the National Instant Criminal Background Check System (NICS), which is used to run background checks on those who buy guns from federally licensed gun dealers to make sure they are not prohibited by law from owning a firearm. For example:

The President directed federal agencies to make all relevant records, including criminal history records and information related to persons prohibited from having guns for mental health reasons, available to the federal background check system. This effort is beginning to bear fruit. In the first nine months after the President’s directive, federal agencies have made available to the NICS over 1.2 million additional records identifying persons prohibited from possessing firearms, nearly a 23% increase from the number of records federal agencies had made available by the end of January.

The Bureau of Alcohol, Tobacco, Firearms and Explosives published a letter to federally licensed gun dealers providing guidance on how to run background checks for private sellers.

States are one of the key sources of data on persons prohibited from having guns, including felons and those prohibited for mental health reasons. That’s why the President took action to invest an additional $20 million this year to improve incentives for states to share this information with the federal background check system. In September 2013, DOJ awarded $27.5 million to 42 states and one territory to strengthen the firearms background check system by improving their abilities to share information with the NICS. In addition, the Administration is proposing $50 million for this purpose in FY2014, and Congress should act to provide these critical resources.

Two New Actions to Further Strengthen the Federal Background Check System

Some states have reported that certain barriers under current law make it difficult for them to identify and submit appropriate information to the federal background check system regarding individuals prohibited under federal law from having a gun for mental health reasons. Today, DOJ and HHS are taking steps that will help address these barriers.

Some states have noted that the terminology used by federal law to prohibit people from purchasing a firearm for certain mental health reasons is ambiguous. Today, DOJ is issuing a proposed rule to make several clarifications. For example, DOJ is proposing to clarify that the statutory term “committed to a mental institution” includes involuntary inpatient as well as outpatient commitments. In addition to providing general guidance on federal law, these clarifications will help states determine what information should be made accessible to the federal background check system, which will, in turn, strengthen the system’s reliability and effectiveness.

Some states have also said that the Health Insurance Portability and Accountability Act’s (HIPAA) privacy provisions may be preventing them from making relevant information available to the background check system regarding individuals prohibited from purchasing a firearm for mental health reasons. In April 2013, HHS began to identify the scope and extent of the problem, and based on public comments is now issuing a proposed rule to eliminate this barrier by giving certain HIPAA covered entities an express permission to submit to the background check system the limited information necessary to help keep guns out of potentially dangerous hands. The proposed rule will not change the fact that seeking help for mental health problems or getting treatment does not make someone legally prohibited from having a firearm. Furthermore, nothing in the proposed rule would require reporting on general mental health visits or other routine mental health care, or would exempt providers solely performing these treatment services from existing privacy rules.

Calling on Congress to Act

While the President and the Vice President continue to do everything they can to reduce gun violence, Congress must also act. Passing common-sense gun safety legislation – including expanding background checks and making gun trafficking a federal crime – remains the most important step we can take to reduce gun violence. The vast majority of Americans support these critical measures, which would protect our children and our communities without infringing on anyone’s Second Amendment rights.

In addition, the President’s FY 2014 Budget proposes a new $130 million initiative to address several barriers that may prevent people – especially youth and young adults – from getting help for mental health problems. The President and the Vice President continue to call on Congress to appropriate funds for these important purposes.

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