The Slippery Slope (Elections have Consequences – Part 5)

The Slippery Slope (Elections have Consequences – Part 5)

In the lead up to the “most important election in our lifetimes” I’ve covered a lot of subjects. From abuses by executive agencies, to our Supreme Court (how we got here, and how we have the current Justices,) the end of the (quote-unquote) assault weapons ban over 20 years ago, and the four boxes of liberty. All of these have one thing in common: elections have consequences.

It is important for all of us (law abiding gun owners) to remember the eloquent words of Article 1, Section 32 of the Indiana State Constitution, “The people shall have a right to bear arms, for the defense of themselves and the State.” The Bill of Rights was only 25 years old when Indiana became a State. Those 17 words written in Corydon (the first State Capitol) show that the early Hoosiers understood what the 2nd Amendment truly stands for. \Since the 2nd Amendment was based on the British Bill of Rights from 1689, it is also a reminder of the slippery slope we all must avoid.

Yes, I will admit we beat the British in two wars and bailed them out in both World Wars. I will also recognize that much of our law in the United States comes from British Common Law. Much of our 1st, 2nd, and 8th Amendments are clearly in the British Bill of Rights, from King William III and Queen Mary II in 1689. While William and Mary didn’t give the right to bear arms to all citizens (or subjects in their case, we fixed that) our founders remedied the right to arms for all with our 1st Amendment.

In a period of 93 years, Great Britain went from having incredible freedoms concerning the right to keep and bear arms, to self-defense being against the law. This wasn’t overnight, it wasn’t all at once. It was a slippery slope that looks incredibly similar to our own fight to maintain our rights.

In 1903, the Pistols Act forbid the sale of handguns to minors or felons. That seems reasonable enough. To make sure it is enforced, a licensing system was introduced.

In 1914 with the outbreak of WWI, “temporary” gun control measures were introduced for “national security” reasons, of course. As Economist Milton Friedman would state years later, “Nothing is more permanent than a temporary government program.”

By 1920 the war had ended, but there were more threats from revolution (the Bolsheviks had just overthrown the Czar in Russia) and criminals. The Firearms Act of 1920 required a “good reason” to possess a handgun or rifle. A good reason was self-defense.

In 1936 fully automatic firearms were outlawed in Great Britain. At the time there was no evidence that a machine gun had ever been used in a crime in Great Britain, since they didn’t have Prohibition which led to the rise of criminals using automatic weapons like we had in the US. It seemed that British civilians didn’t have a “need” for automatic weapons. Obviously British gun owners didn’t realize they were on a slope, and a slippery one at that.

In 1936 the British Police (who issued the firearms licenses) started enforcing firearms storage requirements. There was no law, the administrative state just did it through a rules process. Does this sound familiar?

In 1940, the British Expeditionary Force evacuated from Dunkirk. The Germans occupied France and the English Channel was all that was between England and an invasion. Sporting shotguns (which required no license) were not the firearms required by the Home Guard. Magazines including the NRA’s flagship publication The American Rifleman had articles such as “Send a Gun to Defend a British Home.” The NRA shipped 7,000 guns to Great Britain. Prime Minister Winston Churchill personally supervised the delivery of these arms to the Home Guard in coastal towns.

After the war these guns were collected and destroyed. In 1946, self-defense was no longer a valid reason to receive a firearms license. The slippery slope was starting to look more like an icy cliff.

Beginning in 1967, a certificate was required to purchase a shotgun. In 1976 the transfer of firearms to heirs became impossible because of restrictions on those yet to be born.

In 1996, handguns larger than .22 caliber were banned. All law-abiding gun owners had licenses to possess their handguns, so the government knew who had all the handguns. Registration has always led to confiscation.

Always remember, we have a Bill of Rights, not a Bill of Needs. A lesson to be learned from what happened in Great Britain was the refusal of the sport-shooting organizations (such as the Clay Pigeon Shooters Association, the National Small Bore Rifle Association, and the United Kingdom Practical Shooting Association) to support those who saw the importance of handguns for self-defense. It was too late when the British gun owners realized the importance of “united we stand.”

In the lead up to the recent pistol brace court battle with the ATF, I said many times that I would support those with braced-pistols. I own none, but I know the powers that be will come after the guns I do own next.

In an essay written by Joseph Olson and David Kopel titled “All the way Down the Slippery Slope,” the writers identified factors leading to the loss of gun rights (my comments in parenthesis.)

      • Media sensationalism about abuses of the right and media hostility toward the exercise of the right. (WOW do we see that a lot.)
      •  Technological changes that introduce new and socially controversial ways of exercising the right. (Semi-automatic firearms have been around since the late-19th century, yet these are vilified. If the Police carry them? It seems prudent we should as well.)
      • Political leaders gaining political benefits (such as diverting the public from the death penalty, or demonstrating the leader’s compassion) from attacks on the right. (Many with taxpayer-funded security would disarm the rest of us if they could.)
      • The production of deliberately misleading data by the government in support of restrictive legislation. (Dr John Lott has recently taken the FBI to task on their under-reporting of armed citizens stopping mass-shootings, as well as under-reporting violent crimes. The FBI then quietly corrected the data to show an increase in crime when a decrease had been touted by the Biden Administration.)
      • The government’s loss of trust in ordinary citizens. (Remember that Attorney General Merrick Garland called those who speak in opposition at school board meetings, domestic terrorists.)

My comments were all based on things that have happened in the last four years. The slippery slope points made by Olson and Koper were about the British losing their gun rights and was written 25 years ago.

If everything goes right, you’ll be reading this within a week of the election. We all know gun owners, ask them if they’ve voted. If you know gun owners in other States, ask them the same question. Elections do have consequences.

Kelly Myers, ISRPA Government Affairs Co-Director

Elections Have Consequences (Part 4)

Elections Have Consequences (Part 4)

Why We Vote (or, Elections have Consequences)

While no one is given credit for the quote, “There are four boxes of liberty: soap, ballot, jury, and cartridge. Use in that order” we do know with whom it originated. South Carolina Governor Stephen Decatur Miller actually used the phrase “cartouche box” (heavy paper cartridge which contained black powder and the projectile, designed to be opened with your teeth) because this quote goes back to 1830, 16 years before the metallic cartridge would be patented. Governor Miller also noted the first boxes were Constitutional, the final was revolutionary.

Soap box: freedom of speech is guaranteed under the 1st Amendment, as is the freedom to peaceably assemble (those of us who exercise our 2nd Amendment rights do peaceably assemble from time to time.) Also under soap box/1st Amendment rights is petition the government for a redress of grievances. When we send letters and emails/make phone calls to our elected officials? We are on our soap box.

Ballot box: The 15th and 19th Amendments guarantee the right to vote to all citizens. I’ve heard many (including President Trump) speak of the low voter turnout among gun owners. I did some research, and ran the numbers.

To be a registered voter, you must be an adult. Based on the estimated adult population and the number of registered voters in the Great State of Indiana, nearly 93% of adult Hoosiers are registered to vote. According to the Kelley School of Business at Indiana University, the 2020 general election saw a 64.6% voter turnout. In 2016, it was 58.1%.

A recent NBC News survey showed the percentage of gun owners in this country at 55% of the population. I think Indiana will be a bit higher, so I used 61% for my estimate.

When you do the math on the number of gun owners not registered to vote, added to the number of gun owners who are registered, but didn’t vote… there were 1,262,515 Hoosier gun owners who didn’t vote in 2020.

Jury box: our Bill of Rights gives We the People significant protections from an abusive government. The 5th Amendment gives us the right to due process, while protecting us from involuntary self-incrimination and double jeopardy. The 6th Amendment guarantees a speedy trial, a jury of our peers, the right to be informed of the nature of the accusation, and the right to legal counsel.

The Jury Box also gave us DC v. Heller (2008) which affirmed the 2nd Amendment is an individual right. McDonald v. Chicago (2010) which held that States must abide by the US Constitution in regards to 2nd Amendment rights. New York State Rifle and Pistol Association v. Bruen (2022) where Justice Clarence Thomas so eloquently stated that the 2nd Amendment is not a second-class right, as well as the “text, history, and tradition” standard. National Rifle Association v. Vullo (2024) which in a unanimous decision ruled that States can’t violate 1st Amendment rights. Loper-Bright Enterprises v. Raimondo (2024) ended 40 years of bad precedent (Chevron deference) and reined-in out-of-control federal agencies.

As South Carolina Governor Stephan Decatur Miller put it all those years ago, those are the Constitutional boxes of liberty. Governor Miller used the term “belligerent principle” when referring to the fourth, the revolutionary box.

The cartridge box (or cartouche box as Governor Miller stated in 1830, since the metallic cartridge had yet to be invented) is indeed a revolutionary box. Our Founders chose the 4th box on 19 April 1775. 16 years later when the Bill of Rights was ratified much of what we call the first three boxes of liberty would become part of the US Constitution.

A well regulated Militia, being necessary to the security of a free state, the right of the people to keep and bear Arms shall not be infringed. Our founders fought and won a war against the most powerful military on Earth. I like to think our founders chose the 4th box of liberty, so we could rely on the first three. I also think the founders realized that without an armed population, the first three boxes of liberty would become irrelevant.

We have an election coming very soon. We all must all use the soap box as well as the ballot box, because elections have consequences.

Kelly Myers, ISRPA Government Affairs Co-Director

ISRPA Annual Meeting and Awards Banquet

ISRPA Annual Meeting and Awards Banquet

Plan to join us at the ISRPA Annual Meeting and Awards Banquet Saturday November 2 at the Umbarger Conference Center at Camp Atterbury, IN!

The Annual Meeting is your chance to be part of YOUR State Association! The Awards Banquet is our annual opportunity to honor the accomplishments of our many outstanding competitors and 2A supporters!

 



Annual Meeting 1:00pm
Awards Banquet begins 5:00 pm

Details and on line sign up available NOW!

Elections Have Consequences – (Part 3)

Elections Have Consequences – (Part 3)

20 Years Ago: The “Assault Weapons Ban” of 1994 Passed into History (or, Elections have Consequences)

Like many of you, I find it hard to believe that 2004 was 20 years ago. A couple weeks ago Guy Relford mentioned it was the 20th anniversary on his radio show (The Gun Guy on WIBC) and it got me thinking about how far we have come in regards to 2nd Amendment (2A) rights. It also serves as another reminder that elections have consequences.

On 13 September 2004, the Assault Weapons Ban of 1994 (AWB of 94) hit the 10-year sunset and was no more. The actual title of the bill was the Public Safety and Recreational Firearms Use Protection Act of 1994, (and that’s the biggest case of false advertising since Chunky Monkey Ice Cream.) Reading the provisions of the AWB of 94 I was reminded of how our elected officials kept us safe by identifying assault weapon features such as: telescoping stocks (making it easier for people of smaller stature shoot effectively is bad?) Bayonet lugs (because attaching a large knife to a rifle gives it an effective range of 1 yard?) A flash-hider (because having night vision after the first shot is a bad thing?) And the ever-evil pistol-grip (which has more to do with ergonomics and design than with making a rifle more “assaultee”.)

In 1994 the Democrats had a 57-43 majority in the Senate. Senate rules require 60 votes to “end cloture” and allow the bill to come up for a vote. Six Republicans voted in favor of the AWB of 94. Elections do have consequences. Less than two months after the AWB of 94 was signed into law, Republicans took the majority in both the Senate and House for the first time in over 40 years. Actions have consequences as well.

According to the National Shooting Sports Foundation, there are an estimated 28 million modern sporting rifles in private hands, an estimate 20 million are AR-15 platforms. The “in common use for lawful purposes” standard from the Supreme Court (SCOTUS) in DC v Heller (2008) would make another ban unlikely to pass judicial scrutiny. Unfortunately, we’ve seen the current administration operate in an unconstitutional manner (student loan forgiveness, rent moratorium.) Elections do have consequences.

After reviewing the provisions of the AWB of 94 (and a couple other things since I saw a lot of similarities) I made a couple observations. First, a lot of our elected officials really know absolutely nothing about firearms. I don’t mean “explain the difference between how a semi-automatic handgun operates compared to a semi-automatic rifle” level of knowledge. I mean “doesn’t know which end the bullets come out” level of knowledge. Second, the ends always justify the means, so they reverse-engineer the means to arrive at the ends.

The Gun Control Act of 1968 gave us a point system which led to the ban of many imported firearms, including the Walther PPK. You can buy the gun carried by James Bond here in the United States, it’s made in Arkansas, not Germany.

Wearing another of my many hats, I’m a staff member on an Internet-based discussion forum that has a classifieds section. In this role I’ve learned there are many things about which I do not know. I can’t tell a counterfeit Benchmade Infidel knife from a real one. I know a Lee-Enfield rifle is chambered in .303 British, but I can’t tell the difference between one used in the Boer War and one used in WW II. Then one day, a Federal Firearms Licensee (FFL) brought up an issue, and I was even more certain that to people who know nothing about firearms, the ends justify the means.

Since November 1990, there has been a ban on importing semi-automatic rifles and shotguns with certain features. Importers bring them into our country and swap out foreign parts for US-made parts to make it legal according to a point-system designed by people who really know nothing about firearms. This also means that replacing US-made parts with foreign-made parts that have nothing to do with the weapon’s operation, makes it an illegal weapon.

I’d be willing to say that most of the folks reading this are familiar with Benelli and Beretta semi-automatic shotguns. I’d also be willing to say that very few of you know that neither Benelli or Beretta semi-automatic shotguns can be imported with an extended tube magazine. But wait, there’s more.

To determine which firearms are illegal to import there is of course, a point system. 20 parts, if more than 10 of them are imported, then parts must be replaced with US-made parts until the number of imported parts is 10 or less.

Of the parts listed which could possibly make a firearm illegal: a magazine counts for 3 points. The magazine body, follower, and floorplate each count as 1 point. A magazine feeds ammunition into a firearm. Is there a difference in operation of the firearm if the magazine was made in Bulgaria or in Texas? Is anyone surprised they didn’t assign a 1-point value to the magazine spring?

Does the country of manufacture of the butt-stock and fore-grip make a firearm more or less dangerous? Changing the American Walnut butt-stock and fore-grip on my Winchester Model 12 out and replacing it with a Polish Walnut butt-stock and fore-grip really won’t matter. Replacing the American Walnut butt-stock and fore-grip on my Romanian AK-47 (semi-automatic version) imported after November 1990 and replacing it with a Polish Walnut butt-stock and fore-grip could lead to a long prison sentence since that is 2 points. Switch out the pistol-grip made in Texas by Magpul with an original Romanian pistol-grip? That’s another point.

What attaches the butt-stock on an AK-47 to the receiver? It’s a bent piece of metal called a trunnion. An American-made bent piece of metal verses a Chinese-made bent piece of metal can be the difference between a legal weapon and an illegal weapon since it counts as 1 point.

To sum up my observations: Anti-2A individuals seem to pride themselves on their ignorance of firearms. The ends always justify the means. Cosmetic features that have no effect on the operation of a firearm are an easy means to an end, when you have no knowledge about what you want to ban.

The landmark SCOTUS case New York State Rifle and Pistol Association v. Bruen (2022) established the “text, history, and tradition” standard in reference to 2A rights. I don’t think any of the examples I provided would pass that standard.

Any way you look at it, a lot of elected officials voted for these laws. Elections do have consequences.

Kelly Myers, ISRPA Government Affairs Co-Director

Elections Have Consequences (Part 2)

Elections Have Consequences (Part 2)

As gun owners, we are those who exercise and support the 2nd Amendment (2A.) As gun owners from Indiana, we exercise and support Article I Section 32 of the Indiana Constitution, “The people shall have a right to bear arms, for the defense of themselves and the State.” The Supreme Court Of The United States (SCOTUS) went from 1939 (US v Miller upheld the National Firearms Act of 1934 requiring registration of machine guns and the tax stamp, which doubled the cost of a Thompson sub-machine gun. Miller did set the precedent for firearms lawfully possessed for lawful purposes being protected under 2A) until DC v Heller (2008) with no substantive 2A cases.

Heller was a 5-4 decision. Two of the four in dissent were Republican President appointees. Justice Stevens appointed by President Ford; Justice Souter appointed by President (HW) Bush. It is hard to believe the same individual who appointed Justice Souter, appointed Justice Clarence Thomas.

McDonald v Chicago (2010) affirmed that States had to respect 2A rights as well. It was also a 5-4 decision. Justice Stevens was the only Republican President appointee in dissent.

We went another 12 years after McDonald before a substantive 2A case came up before SCOTUS. New York State Rifle and Pistol Association v. Bruen (2022) was a landmark case and a 6-3 decision. Bruen gave us “text, history, and tradition” as the standard to what was and wasn’t constitutional. As Justice Clarence Thomas wrote in the majority opinion, “The 2nd Amendment is not a second-class right.”

Chevron v. Natural Resources Defense Council Inc. 1984 (referred to as “Chevron Deference” since it set the precedent for the legislative and judicial branches to defer to the “experts” in the executive agencies… and 40 years of a bad precedent.) Also referred to simply as “Chevron”. Two years after Chevron, things started to change on SCOTUS that would lead to where we are today.

So how did we get here? We (as 2nd Amendment, or 2A supporters) have a 6-3 SCOTUS on a good day, 5-4 on a bad day. As much as I miss the days of the Reagan Administration, Justice Scalia was President Reagan’s only solid 2A supporter appointed to SCOTUS, and Justice Scalia started SCOTUS towards where we are today. Justice Day-O’Connor was often “the swing vote” on SCOTUS. Justice Kennedy was the “swing vote” on Heller, he was not always on our side.

President George HW Bush gave us David Souter. He replaced Eisenhower appointee William Brennan who voted in the majority opinion on Chevron (Chevron v. Natural Resources Defense Council Inc. 1984. “Chevron Deference” set the precedent for the legislative and judicial branches to defer to the “experts” in the executive agencies… again 40 years of a bad precedent.) Chevron was overturned by Loper-Bright Enterprises v. Raimondo 2024.

In the card game Blackjack a tie is known as a “push.” Trading Justice Souter for Justice Brennan was a push. Then Bush 41 appointed Clarence Thomas to replace Thurgood Marshall. The confirmation hearings were on a level that we wouldn’t see again until President Trump nominated Brett Kavanaugh. The addition of Justice Thomas to SCOTUS would later turn out to be a major win for 2A supporters.

The two SCOTUS Justices appointed by Bill Clinton (Bader-Ginsburg and Breyer) replaced Kennedy appointee Byron White and Nixon appointee Harry Blackmun. Both Clinton-appointed Justices replaced

Justices who supported Chevron Deference. Both Justices Baser-Ginsburg and Breyer were in dissent on Heller. We’ll call this a push.

George W Bush appointed Chief Justice Roberts and Justice Alito. It is of note they replaced Chief Justice Rehnquist and Justice Day-O’Connor. There was a reason Heller didn’t come up before SCOTUS until both Justices Rehnquist and Day-O’Connor were off the court. Justice Rehnquist replaced Warren Burger as Chief Justice. Justice Burger voted in favor of Chevron; this was still a push. I hold my breath on some of the decisions from Chief Justice Roberts (replaced Justice Rehnquist in 2005,) but he is solid on 2A. Justice Alito is as good on 2A as Justice Thomas. This was a major shift in SCOTUS as to how 2A was viewed by the court.

President Obama appointed Justices Sotomayor and Kagen. They replaced Justices Souter and Stevens who both opposed Heller. Call that a push.

When President Trump was elected, he nominated Neil Gorsuch to replace the late Antonin Scalia. As I said in Part 1, I am no fan of Senator Mitch McConnell, but thanks to him we don’t have Merrick Garland as a SCOTUS Justice. Even with Justice Gorsuch, we were still a shaky 5-4 SCOTUS at this point.

When Justice Kennedy retired, SCOTUS became a much more certain 5-4 when Justice Kavanaugh was appointed. The confirmation hearings for Justice Kavanaugh were worse than the hearings for Clarence Thomas and those hearings in 1991 were very bad.

When Amy Coney-Barrett replaced Ruth Bader-Ginsburg… that was what gave us at least a solid 5-4 (on a good day a 6-3) SCOTUS majority. It was a very good day when NYSRPA v. Bruen was a 6-3 decision. Justice Bader-Ginsburg opposed both Heller and McDonald, Justice Coney-Barrett was in the majority on Bruen. Enough said.

Trading Justice Breyer for Justice Brown-Jackson was a push, except Brown-Jackson is much younger than Justice Breyer

I hate to think where our 2A rights would be if Hillary Clinton had been elected in 2016. Justice Thomas is 76 years old; Justice Alito is 74. Elections do have consequences.

Kelly Myers
ISRPA Government Affairs Co-Director

Elections Have Consequences (Particularly with the Supreme Court) Part 1

Elections Have Consequences (Particularly with the Supreme Court) Part 1

In my previous article (The Most Important Election in Our Lifetimes, and this time I really mean it) I mentioned a few court cases which have a positive impact on gun owners. While not a 2nd Amendment (2A) case, Loper-Bright Enterprises v. Raimondo (2024) was a Supreme Court (SCOTUS) case that overturned a 40-year-old precedent known as “Chevron Deference” (Chevron v. Natural Resources Defense Council Inc. 1984.) In short, Loper-Bright will rein in executive agencies which operated as if they had the power of all three branches of government, which clearly, they do not. Then again, it was a 6-3 decision so maybe the roles of the three separate but equal branches of government aren’t clear to everyone.

According to the Chevron decision, vaguely-written laws weren’t that way because they were poorly written. This was to allow the “experts” to decide what it meant, thus deferring (this is why it was called “Chevron deference”) legislative authority. Likewise, the Chevron decision declared that the Judiciary should also defer to the “experts” as to whether they were operating constitutionally and within the scope of the law. Six people who went to law school thought this was a good idea. I’ll cover Chevron more in-depth down the page.

For a while now we’ve been hearing about how there is a rogue SCOTUS and there needs to be term limits and oversight. Justice Alito’s wife flew the “An Appeal to Heaven” (Pine Tree) Flag that has been flown since the Revolutionary War. Should he recuse himself in certain cases because of it? Justice Thomas has been frequently on the receiving end of hate since his confirmation hearings in 1991. We need to “pack the court” is a common statement when things don’t go the way of a certain groups. Considering that the individuals calling for these changes are all rabidly anti-2A, this tells me SCOTUS is on the right track for the first time in a very long time. By a very long time, I mean since well before I was born.

How did we get here, and how close did we come to being in a far worse place? SCOTUS Justice Antonin Scalia (who was confirmed by the Senate by a 98-0 vote in 1986… my how times have changed) is well known for writing the majority opinion in the landmark DC v. Heller (2008) case. Among other things, Heller affirmed that the Right to Keep and Bear Arms is an individual right (and not a means to arm our military… military being synonymous with armed forces… that have been “armed” since long before black gunpowder was invented.) Heller was a 5-4 decision. Justice Scalia died in 2016. I’m no fan of Senator Mitch McConnell, but as the Senate Majority Leader he did keep us from having Merrick Garland (current Attorney General who called parents who speak in opposition to school policies at school board meetings, “domestic terrorists”) as a SCOTUS Justice.

Back to the question, “How did we get here?” SCOTUS is a separate branch of the government as specified in Article III of the US Constitution. SCOTUS Justices have lifetime appointments because unlike the Executive and Legislative Branches, term limits aren’t specified in the Constitution. The number of SCOTUS Justices is not specified in the Constitution. The number of Justices is set by law and has been nine since 1869.

Franklin D Roosevelt (FDR) tried to “pack the court” in 1937. Many “New Deal” proposals were being declared unconstitutional by SCOTUS. FDR sought to force out SCOTUS Justices over the age of 70 (six of the nine SCOTUS Justices were over 70.) If they wouldn’t resign, an increase of SCOTUS Justices for each Justice over 70 would occur, possibly increasing to 15 Justices. This would allow all of FDR’s New Deal agenda to pass judicial scrutiny. This was overwhelmingly defeated by the Senate (70-20) but in the years 1937-1941 FDR would replace seven SCOTUS Justices. Had FDR lived another year and a half, he’d have replaced all nine SCOTUS Justices. I seriously doubt FDR nominated anyone who would oppose his agenda.

Fast-forward to 1984 and Chevron v. Natural Resources Defense Council Inc (1984.) There was the minimum number of Justices required for a quorum since Thurgood Marshall, William Rehnquist, and Sandra Day-O’Connor were not involved with this case. Byron White had been appointed by President Kennedy. The other five were appointed by Presidents with an “R” after their name. Justice Brennan was appointed by President Eisenhower. Chief Justice Burger, Justices Blackmun and Powell were appointed by President Nixon. Justice Stevens (who also was in the dissent on DC v Heller) was appointed by President Ford. 40 years of bad precedent and five of the six were appointed by Republican Presidents.

By my math it took us over 80 years to get SCOTUS back to a composition that recognizes (in the words of Justice Clarence Thomas) the 2nd Amendment is not a second-class right. SCOTUS Justices are nominated by the President and appointed with the advice and consent of the Senate. Elections do have consequences.

Check out your voter information here: https://indianavoters.in.gov/

In Part 2: how SCOTUS Justices on the court for the Chevron decision, and those who replaced them formed the current SCOTUS. How we went from having no 2A cases from 1939 until 2008, and how we finally have a Supreme Court that recognizes and respects the 2nd Amendment.

Kelly Myers
ISRPA Government Affairs Co-Director

National Rifle Association to Celebrate National Shooting Sports Month

National Rifle Association to Celebrate National Shooting Sports Month

The National Rifle Association of America (NRA) announced its involvement in National Shooting Sports Month, in partnership with the National Shooting Sports Foundation (NSSF). Created to encourage participation in the shooting sports and emphasize firearms safety, National Shooting Sports Month will take place throughout the month of August.

“We are truly excited to see NSSF promoting National Shooting Sports Month,” said Elizabeth Bush, Deputy Executive Director, NRA General Operations. “This is the perfect incentive for NRA Clubs, Business Alliance members, and NRA Instructors to introduce someone new to the shooting sports.”

The NRA encourages all NRA Clubs and Business Alliance members to join the celebration! Simply sign on as a participating/host club while also encouraging your members and customers to head to the range, introduce someone new, or try a new sport.

“Last year’s National Shooting Sports Month was a tremendous success, thanks to hundreds of ranges and retailers across the country reminding people about the fun and excitement of target shooting,” said Zach Snow, NSSF Director, Member Development. “We’re thrilled to have NRA join in continuing the celebration of the shooting sports this year.”

Be sure to “Like” NSSF’s Facebook page to see how others across the country are celebrating this special event. NRA and NSSF encourage you to share your National Shooting Sports Month experience on social media and to use the hashtag #LetsGoShooting. Visit letsgoshooting.org to learn more.

The Most Important Election in our Lifetimes – Kelly Myers

The Most Important Election in our Lifetimes – Kelly Myers

The Most Important Election in our Lifetimes (and this time I really mean it.)

We are all old enough to remember many elections that were the “most important election.” All we have to do is look at what is happening now and consider what could happen in the next 4 years to know this is the most important election of our lifetimes.

Where are we now? The current administration has shown it will operate in an unconstitutional manner as stated by the Supreme Court Of The United States (SCOTUS) in “student loan forgiveness” (taxpayer-funded money transfer is more accurate.) The power of Executive Agencies (non-appointed/non-elected bureaucrats under the Executive Branch of government) were severely curtailed in a recent SCOTUS decision known as Loper-Bright. The case points out that the Legislative Branch makes laws, and Executive Agencies do not. This ended a 40-year-old precedent known as “Chevron Deference” where decisions should be “deferred” to the experts at Executive Agencies. Despite this, agencies such as the Bureau of Alcohol Tobacco Firearms and Explosives (BATFE, or simply the ATF) seem to be doubling down on their attacks on the law abiding.

In a recent case in the 8th US Circuit involving pistol stabilizing braces: the ATF argued that despite publishing slideshows with pictures of specific pistol-length AR and AK variants with specific braces, now being considered short-barreled rifles (and require registration and a tax stamp under the National Firearms Act of 1934 or you can get 10 years in prison for each offense) it really didn’t count since the final rule hadn’t been published in the National Registry. Fortunately, the 8th Circuit was having none of that. Unfortunately, the ATF is playing with our money and can make arguments with such hutzpah. (Hutzpah is Yiddish for gall or audacity. I can’t use the other words I’d like to use here.)

But wait, there’s more. The Department of Treasury is operating an entity known as the Financial Crimes Enforcement Network (FinCEN) that works with financial institutions and card processors to “track suspected Lone Actor/Homegrown Violent Extremism Indicators.” In reality (as Senator Jim Jordan provided in a press release) the information being sought includes payments to Delta Defense (US Concealed Carry Association,) reloading equipment from Dillon Precision, and Smokey Mountain Knife Works. This all going on while the ATF can’t explain their own 500 pages of rules defining who is “in the business of selling firearms” but can revoke the Federal Firearms License of a gun store in Wilkes-Barre, Pennsylvania because the hyphen in Wilkes-Barre was missing on one ATF Form 4473.

I will be the first to admit the previous three paragraphs paint less than a rosy picture. While reading an op-ed published in The Federalist by Dr John Lott (President, Crime Prevention Research Center) I was reminded that things could actually be worse. The title of the article: If elected, Kamala Harris would be the most anti-gun President in US history. Having met Dr Lott a few times, I can tell you a couple things about him. First, if there is a stereotype for an Economics Professor, it is Dr John Lott. Second, when he makes a statement, he backs it up.

Forced “gun buybacks” (incredibly misleading since the government never owned them, taxpayer-funded confiscation seems more accurate,) taking executive action if Congress won’t change the law (clearly unconstitutional, but that hasn’t stopped the current administration.) In an amicus brief to SCOTUS in 2008 the Democrat nominee for President argued the constitutionality of gun bans since there is no individual right to possess firearms. Thankfully SCOTUS saw it differently.

Heading up the White House Office of Gun Violence Prevention, VP Harris and her team of gun-banners managed to come up with the following:

“Eliminate gun manufacturers immunity from liability.” As with any manufacturer, if a defective product is brought to market there can be lawsuits. This is a direct attack on the Protection of Lawful Commerce in Arms Act. Ford and Jim Beam don’t get sued for drunk drivers. If they did, there would be a similar law for automobile and liquor manufacturers. This is an attempt to sue firearms manufacturers out of existence.

“Ban assault weapons and high-capacity magazines.” It would be helpful if “assault weapons” could be identified by means other than “anything we want to ban.” The country had a quote-unquote assault weapons ban from 1994-2004. An Analyst from the Bureau of Justice Statistics stated that another ban would have results that were “too small to measure” or “statistically insignificant.” As far as high-capacity magazines, no one can seem to agree on a number of rounds that constitutes “high.” Much like the number of home-invaders can’t be predicted.

“Mandate people lock up their guns.” This was addressed in the landmark DC v Heller (2008) as well as when New York changed the SAFE Act law prior to a SCOTUS decision. Responsible gun owners secure their firearms. Responsible governments encourage, rather than mandating.

“Impose background checks for all firearms transfers.” Universal background checks require universal registration. As history has taught us, registration leads to confiscation. Only the law-abiding follow the law. I’m sure the criminal element who trades drugs for guns will participate in universal background checks, being the law and all.

Again, not a rosy picture, but this is our current reality. We have made great strides at the State-level here in Indiana to protect the rights of gun-owners, but we have more work to do.

Are you registered to vote? Do you know a fellow gun owner who is not? You can register at the County Clerk’s Office or a Bureau of Motor Vehicles Branch. The general election is 5 November, early voting starts 8 October.

Kelly Myers
ISRPA Government Affairs Co-Director

Mentor Watches Pupil’s Triumph from Home: Chris Jennings Shines at Junior Olympics

Mentor Watches Pupil’s Triumph from Home: Chris Jennings Shines at Junior Olympics

Mike Smith, Coach/Mentor watched with pride from his home as his former pupil, Chris Jennings, from Floyd County made a stunning debut on the national stage, clinching third place in the country at the Junior Olympics. Mike, a club junior rifle coach, had dedicated countless hours to training and mentoring young shooters. One of his most promising students, Chris, had shown exceptional talent and dedication.

Chris’s journey to the Junior Olympics was marked by perseverance and hard work…he consistently demonstrated his prowess and composure under pressure. His qualification for the Junior Olympics was a testament to his unwavering commitment and the hours and hours of practice. As the Junior Olympics commenced, the anticipation was palpable. Competing against the best shooters in the nation, Chris displayed remarkable precision and focus. Each shot brought him closer to the podium, culminating in a well-deserved third-place finish in both air rifle and smallbore. It was a moment of triumph not just for Chris, but also for his mentor who had believed in his potential from the start.

Watching the event unfold on his computer, Mike felt an immense sense of pride and fulfillment. “Seeing Chris compete and succeed at this level is incredibly rewarding,” Mike shared. “It’s moments like these that make all the hard work worthwhile. Chris has always had the talent, and today he proved it to the country.”

While Chris competed in the finals, I texted back and forth with his mom, Bonnie…we exchanged messages, sharing the tense moments and cheering for Chris through our screens. We discussed every point, and every reaction, feeling almost as if we were there in person. The live updates and our rapid-fire texts keep us connected, supporting Chris together, even from afar.

Looking ahead, Chris has a bright future in the sport…he currently is going into his junior year at the United States Military Academy at West Point where he has been on the rifle travel team since his freshman year. With his recent success at the Junior Olympics, he has set a solid foundation for a promising career. His performance has also inspired a new generation of young shooters at the Southern Indiana Rifle & Pistol Club junior program, proving that with dedication and the right guidance, reaching the pinnacle of the sport is possible.

Your vote Matters – Kelly Myers

Your vote Matters – Kelly Myers

As I’m writing this, we are one month removed from the Indiana Primary Election. With that in mind I have one question, “Did you vote?”

Looking at the numbers there were a lot of people in Indiana who chose to sit out the 2024 Primary election. According to the Indianavoters.in.gov, there are 4,709,250 registered voters in Indiana. That’s an estimated 91% of the adult population. 814,077 voted in the 2024 Primary, that is 17%.

If you live in Brown County, there’s a roughly 3 in 10 chance you voted (31% voter turnout, the HIGHEST in the State.) If you live in Lake, St Joseph, or Marion County, the chances are roughly 1 in 10 with an 11-12% turnout.

As gun owners, WE HAVE TO SHOW UP AND VOTE!

29% of the votes in the 2024 Primary were absentee votes. This includes both early voting and traditional mail-in absentee ballots.

Having spent over 21 years in the US Air Force, I voted absentee many times over the years. I voted in person once prior to joining the USAF, in 1984 and yes, I did vote for President Reagan (so did a lot of other people.) The next time I would vote in-person would be in a special election as a Florida resident, in 2001. I voted in every election in between and since. Over 40 years of voting (yes 1984 was 40 years ago) I lived in many places and did many different things. In all those elections there was one thing in common: I was a gun owner.

While I choose to vote at the polls on Election Day, we all need to make sure we get to the polls when we can. If you can vote early? Vote early. Are you over 65? You can vote with a traditional absentee ballot in Indiana. Any way you do it, make sure you vote.

As gun owners and supporters of the 2nd Amendment, we outnumber those who oppose the freedoms we enjoy. Our majority doesn’t count unless we show up and vote.

Kelly Myers
ISRPA Government Affairs Co-Director