Explainer

(Words 1200)

Just what the title says, a number of cases with either short histories or simply where the are in the process.

National Rifle Association v. Commissioner, Florida Dept. of Law Enforcement, 21-12314, (11th Cir.)

Suit filed in March 2018, Eleventh Circuit court 2 judge panel hears oral arguments heard March 24, 2022. On March 9, 2023, the panel decides that 18,19, and 20-year-olds are not Part of the People. The opinion was vacated the same day. On July 14, 2023, the Circuit Court decided to hear the case en banc

Currently waiting for scheduling orders.

United States v. Rahimi, 21-11001, (5th Cir.)

Cert granted by the Supreme Court. Oral arguments to be heard in the term starting October 2023.

United States v. Connelly, 23-50312, (5th Cir.)

A criminal case was opened in Jan. 2022. The Connelly’s were charged with a violation of §922(g)(3). The trial judge (criminal trial) found for Connelly. The state appealed to the fifth circuit on May 4, 2023. Briefings not yet submitted. Oral arguments not yet scheduled.

Ocean State Tactical, LLC v. State of Rhode Island, 23-1072, (1st Cir.)

Case opened June 23, 2022. Magazine ban law. The District court found that magazines are not arms on December 14, 2022. Appealed on January 13, 2023. Oral arguments were heard on September 11, 2023.

Waiting for the three judge panel’s opinion.
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Hopefully, a short one.

4473 and the Gun Control Act of 1968, as amended

All of us have had the pleasure of filling out a form 4473, waiting for some bureaucrat decides that we are good enough to exercise our right to keep and bear arms, and finally give us permission. Most of form 4473 is bogus. It is designed to do a few things.

To capture owner identification and associate it with one or more firearms, a registry. To for the seller to keep an accurate inventory. And to catch people out in lies or mistakes.

The ONE reason it supposedly exists, is to allow the government to do a background check. Are you a prohibited person?

Now, let’s say you or I go in and lie on the 4473. It doesn’t matter where, it is a lie designed to allow us to purchase this particular firearm. If we are not prohibited people, we are guilty. On the other hand, the courts have ruled that it is a Fifth Amendment violation for a prohibited person to self report on a 4473.

Yep, if you are an actual prohibited person, and you lie about it on a 4473, you don’t get in trouble. If you are not a prohibited person and lie, you do get in trouble.

All the authority for the ATF to force the 4473 on us comes from the Gun Control Act of 1968, as amended. In particular, §922(g).

§922(g) is the list of things that make you a prohibited person.

§922(g)3 is the prohibition on being an “unlawful user” of a controlled substance. I.e., they partake of marijuana or other drugs.

Our Story

Our story begins when Patrick Darnell Daniels, Jr, was driving along, minding his own business, when a couple of LEOs pulled him over. They pulled him over for driving without a license plate.

It just so happened that one of these officers was a DEA agent. It is almost as if the DEA agent was looking for reasons to “investigate” vehicles he was interested in.
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