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Ninth Circuit California Gun-Law Ruling: Good News for Second Amendment Rights | National Review

July 20, 2018 by MTR Custom Leather in Uncategorized with No Comments

 

The stage may be set for Brett Kavanaugh’s first Second Amendment test as a justice.

Every now and then the Ninth Circuit Court of Appeals — arguably the nation’s most progressive federal circuit — can offer up a legal surprise. Yesterday, it gave us a legal shock, when a divided panel of its judges affirmed last year’s federal district-court injunctiontemporarily blocking enforcement of California’s confiscatory ban on so-called large-capacity magazines.

Under California law, any person who possesses a legally purchased magazine capable of holding more than ten rounds of ammunition must either remove the magazine from the state, sell it to a licensed firearm dealer, or hand it over to law enforcement. Those citizens who retained their magazines after the law went into effect risked a fine or up to one year’s imprisonment in county jail.

The district court’s 66-page opinion was a legal tour-de-force that not only dismantled California’s justifications for the ban, but also reiterated and reinforced the constitutional and historical basis for the right to keep and bear arms. As I wrote last year, this paragraph from the district-court opinion is nearly-perfect:

Violent gun use is a constitutionally-protected means for law-abiding citizens to protect themselves from criminals. The phrase “gun violence” may not be invoked as a talismanic incantation to justify any exercise of state power. Implicit in the concept of public safety is the right of law-abiding people to use firearms and the magazines that make them work to protect themselves, their families, their homes, and their state against all armed enemies, foreign and domestic. To borrow a phrase, it would indeed be ironic if, in the name of public safety and reducing gun violence, statutes were permitted to subvert the public’s Second Amendment rights — which may repel criminal gun violence and which ultimately ensure the safety of the Republic.

Lest anyone think that the Ninth Circuit has suddenly discovered the original meaning of the Second Amendment, its ruling upholding the district-court injunction was limited. It merely held that the trial court didn’t abuse its discretion when it temporarily blocked enforcement of the law. But despite the limited holding, there was encouraging rhetoric in the court’s ruling.

For example, the appeals court held that the lower court “did not exceed its permissible discretion by concluding, based on those cases, that (1) some part of the Second Amendment right likely includes the right to bear a weapon ‘that has some reasonable relationship to the preservation or efficiency of a well regulated militia’ . . . and (2) the ammunition for a weapon is similar to the magazine for a weapon.”

Much of the modern argument over gun control revolves around the effort to label certain kinds of semi-automatic rifles (and magazines over ten rounds) as “military style” weapons that are effectively unprotected by the Second Amendment. Yet the Ninth Circuit’s language — rooted in the history of the amendment — links constitutional protection to a weapon’s potential militia use. In other words, the “military style” moniker actually connects the guns in question to the historic purpose of the right to bear arms.

If the Court takes the case (and that’s far from certain; SCOTUS has been reluctant to review recent Second Amendment decisions), it will have an opportunity to reset the gun-control debate.

Combine this standard with Heller’s clear statement that the Second Amendment was intended to protect weapons in “common use” for “lawful purposes like self defense,” and one begins to see that merely comparing AR-15s or Glocks to military weapons doesn’t render them unprotected. Instead, their common ownership, combined with their “reasonable relationship” to militia use, should enhance, not diminish, their constitutional status.

While gun owners in California can breathe a temporary sigh of relief, the fight is far from over. As David Kopel notes in a good piece over at Reason, California may petition for en banc review (don’t expect the wider panel of Ninth Circuit judges to rule so favorably), or the trial court may issue a permanent ruling in the weeks or months ahead. Either way — sooner or later — this case will reach the Supreme Court, and it may very well be Brett Kavanaugh’s first chance to look at a serious gun-rights cert petition, assuming he is confirmed to the Court.

If the Court takes the case (and that’s far from certain; SCOTUS has been reluctant to review recent Second Amendment decisions), it will have an opportunity to reset the gun-control debate. If it rules that weapons in common use for lawful purposes enjoy categorical constitutional protection, then most assault-weapons bans and large-capacity-magazine bans would fall. Prohibitions against the sale of “dangerous and unusual” weapons (machine guns, for example) would remain.

But all that’s speculation. For now, hundreds of thousands of California gun owners remain law-abiding. They don’t have to face the choice between surrendering the magazines that help keep their families safe and complying with a confiscatory law. Already, there were indications of passive resistance. As the Sacramento Bee reported last year, “Talk to gun owners, retailers and pro-gun sheriffs across California and you’ll get something akin to an eye roll when they’re asked if gun owners are going to voluntarily part with their property because Democratic politicians and voters who favor gun control outnumber them and changed the law.”

Gun-owners choose large-capacity magazines for good reasons, the same reasons why police carry large-capacity magazines in their service weapons. When a deadly encounter occurs, the amount of ammunition can make the difference between life and death. The state cannot be permitted to take a common means of self-defense from its citizens. Thankfully, even in the Ninth Circuit, confiscation has been held at bay.

The stage may be set for Brett Kavanaugh’s first Second Amendment test as a justice.

Source: Ninth Circuit California Gun-Law Ruling: Good News for Second Amendment Rights | National Review

FDR nominated for unprecedented third term – Jul 18, 1940 – 

July 18, 2018 by MTR Custom Leather in Uncategorized with No Comments

On this day in 1940, Franklin Delano Roosevelt, who first took office in 1933 as America’s 32nd president, is nominated for an unprecedentedthird term. Roosevelt, a Democrat, would eventually be elected to a record four terms in office, the only U.S. president to serve more than two terms.Roosevelt was born January 30, 1882, in Hyde Park, New York, and went on to serve as a New York state senator from 1911 to 1913, assistant secretary of the Navy from 1913 to 1920 and governor of New York from 1929 to 1932. In 1932, he defeated incumbent Herbert Hoover to be elected president for the first time. During his first term, Roosevelt enacted his New Deal social programs, which were aimed at lifting America out of the Great Depression. In 1936, he won his second term in office by defeating Kansas governor Alf Landon in a landslide.On July 18, 1940, Roosevelt was nominated for a third presidential term at the Democratic Party convention in Chicago. The president received some criticism for running again because there was an unwritten rule in American politics that no U.S. president should serve more than two terms. Thecustom dated back to the country’s first president, George Washington, who in 1796 declined to run for a third term in office. Nevertheless, Roosevelt believed it was his duty to continue serving and lead his country through the mounting crisis in Europe, where Hitler’s Nazi Germany was on the rise. The president went on to defeat Republican Wendell Wilkie in the general election, and his third term in office was dominated by America’s involvement in World War II.In 1944, with the war still in progress, Roosevelt defeated New York governor Thomas Dewey for a fourth term in office. However, the president was unable to complete the full term. On April 12, 1945, Roosevelt, who had suffered from various health problems for years, died at age 63 in Warm Springs, Georgia. He was succeeded by Vice President Harry S. Truman. On March 21, 1947, Congress passed the 22nd Amendment to the U.S. Constitution, which stated that no person could be elected to the office of president more than twice. The amendment was ratified by the required number of states in 1951.

Source: FDR nominated for unprecedented third term – Jul 18, 1940 – HISTORY.com

Pocket Power Perfected 

June 7, 2018 by MTR Custom Leather in Uncategorized with No Comments

The

The Springfield XD-S Mod.2 Subcompact is a polymer-framed .45 ACP carry gun thinner than a 9mm GLOCK 43, weighing two oz. less than a .380 ACP Walther PPK/S. The XD-S Mod.2 Subcompact packs 6+1 .45 ACP flying ashtrays into the grip yet carries almost as well as your smartphone. Amazingly, despite its diminutive geometry, the .45 ACP XD-S still isn’t butt whooping on the range. This surprised me.

What’s the most fun handgun you’ve ever run? I’m not talking about the Desert Eagle, making you think you look like Arnold Schwarzenegger circa 1984 and weighing as much as your microwave. It’s cool, not fun. You don’t want to hump it. You don’t really much want to shoot it. You just want to slip into a leather jacket and wield it before a full-length mirror in the privacy of your own bedroom. Don’t hate. We’ve all been there. However, for pure unfiltered shooting pleasure I’d have to say my favorite handgun is a Walther P22 with a sound suppressor.

The P22 weighs about nothing, flirts with being recoilless, and, with the can attached, will not offend your eardrums unduly. The P22 throws its tidy little 40-gr. lead bullets ably and well. However, I once met a poor unfortunate sot in an urban ER who had absorbed a full dozen of these zippy little rounds and yet remained a fairly engaging conversationalist. The gun I carry to defend myself and my family is not meant to be fun. It’s meant to be lethal. In the Springfield XD-S Mod.2 Subcompact, however, we actually get a little bit of both.

Source: Pocket Power Perfected | American Handgunner

California teachers put new pressure on gun sellers – CBS News

May 10, 2018 by MTR Custom Leather in Uncategorized with No Comments

Their $222 billion pension fund threatens to sell its shares in any that resist its push to limit sales

WEST SACRAMENTO, Calif. – One of the largest public pension funds in the nation voted Wednesday to use its financial might to pressure gun retailers across the country to stop selling military-style assault weapons and accessories like rapid-fire “bump stocks” used at the 2017 Las Vegas mass shooting.

The $222.5 billion California State Teachers’ Retirement System said it will try to unseat board members at companies that resist and could dump their stock if they still refuse to conform to laws already in effect in California.

The fund plans an accompanying publicity drive to leverage the student-led nationwide push following the February massacre at a Florida high school. Fund officials also are lobbying other pension funds and investors to join their campaign. The system funds pensions for more than 900,000 public school educators and their families.

Aside from outlawing bump stocks and restricting assault-style weapons, California bans sales of magazines holding more than 10 bullets and assault rifles that can rapidly be reloaded.

Opponents said the board is setting a dangerous precedent.

If Congress and other states won’t act to prevent schools “from becoming killing fields, then let’s take the battle to where the money is,” said state Treasurer John Chiang, a Democrat who led the push and is running for governor in next month’s primary election.

The board acted as Democratic state lawmakers introduced legislation that would require the nation’s largest public pension system to similarly pressure retailers to stop selling military-style weapons and attachments. The $350 billion California Public Employees’ Retirement System declined to do so in March.

Both the teachers and public employee funds had already divested from assault weapon manufacturers after the 2012 slayings at a Connecticut elementary school.

San Diego area teacher Jessica Moore told board members Wednesday that her job now includes plotting exit routes and comforting children during lockdowns. “I think in terms of taking a bullet for them,” she said tearfully.

Retired teacher and San Diego gun control advocate Carol Landale urged the board to “hit the gun industry in the pocketbook.”

“I do not want my dollars invested in an industry that sells weapons that kill children,” Landale said.

Gun Owners of California Executive Director Sam Paredes in an email called Chiang’s support “a desperate move by a desperate politician trying anything to gain attention.”

Firearms Policy Coalition spokesman Craig DeLuz said: “Lawmakers are moving beyond unconstitutionally regulating guns and toward using the force of government to bully and coerce the market. This isn’t a slippery slope. It’s a cliff that hostile government actors are forcing people and businesses to walk off.”

The teachers’ fund invests about $465 million in 10 retailers, but the bulk — $344 million — is in Walmart (WMT), which did not respond to a request for comment.

Walmart is among retailers that already stopped selling assault weapons and bump stocks, and Chiang could not say what more he wants the company to do. Sen. Anthony Portantino of La Canada Flintridge, who is carrying the related legislation, said recent changes by Walmart and other retailers show the power of public pressure.

Board member Paul Rosenstiel said the fund’s investment represents less than 1 percent of Walmart’s stock and questioned devoting $280,000 for two staff members to coordinate the fund’s lobbying effort. But he went along when the fund’s chief investment officer, Christopher Ailman, said he’s working to recruit other funds to join the effort.

“We are going to do our part,” said the fund’s investment committee chairman, Harry Keiley. “Sadly, it will not end the horrific violence in America’s public schools but … we did what we could.”

Source: California teachers put new pressure on gun sellers – CBS News

Current Laser Sight Promotions | Official Crimson Trace

March 8, 2018 by MTR Custom Leather in Uncategorized with No Comments

From March 1, 2018 through April 30, 2018 – purchase a Crimson Trace® laser sight* and receive a FREE CMR-201 Rail Master® Universal Red Laser Sight. The CMR-201 is a powerful red laser sighting solution for rail-equipped pistols, rifles or shotguns and is one of our most popular models. Whether you choose to buy through our website, a Local Authorized Dealer (MTR Custom Leather, LLC), or one of our Featured Online Retailers – this is the time to outfit your firearms with the ultimate sighting solution. See below for additional information.

Current Crimson Trace company and product promotions.

Source: Current Laser Sight Promotions | Official Crimson Trace

165 House Dems introduce ban on most semi-auto firearms

Democrats in the U.S. House on Monday kicked off a renewed effort to prohibit a number of popular gun designs from civilian ownership.

Proposed by U.S. Rep. David N. Cicilline, D-RI, and joined by 164 co-sponsors from his party, H.R.5087, would not only recycle the expired federal ban on “assault weapons” but greatly expand its scope. The lawmaker argues it is needed to end the “carnage” on America’s streets.

“Assault weapons were made for one purpose,” Cicilline said. “They are designed to kill as many people as possible in a short amount of time. They do not belong in our communities.”

The bill, one of the most ambitious bans proposed in recent years, would bar the importation, production, or transfer of 205 firearms by name to include a myriad of semi-auto AR-15 and AK-47 variants. Going past that, any semi-auto rifle with a detachable magazine and any “military-style feature” such as a barrel shroud, pistol grip or threaded barrel, would be caught in the net.

Additionally, a semi-auto shotgun with any feature or the capability to hold more than five shells would be forbidden. Rifles, other than .22s, with an internal magazine capable of holding more than 10-rounds, would be banned. Pistols affected would include any with a threaded barrel or a magazine well located in any spot except the grip. All belt-fed semi-automatic firearms, typically expensive niche guns popular with collectors but rarely used in crime, would be outlawed.

The bill also includes language to ban bump stocks, and detachable magazines capable of holding more than 10 rounds. It would authorize federal funding through Byrne grants for “buy back” programs to purchase unwanted newly classified assault weapons and magazines from the public. Those with grandfathered items would be licensed under the act, with fees set by the Justice Department, and could only transfer them to another individual with a license or to a gun dealer. Grandfathered magazines would have to be dated prior to the act becoming effective.

The National Rifle Association said lawmakers pushing new firearm regulations in the wake of a school shooting in Florida are “attempting to capitalize on this tragedy to convince members of Congress to vote for their gun control wish list.”

The bill has been referred to the Republican-controlled House Committee on the Judiciary. The GOP holds a commanding 238-193 majority in the chamber and Speaker Paul Ryan, who would have to allow a floor vote on the measure if it escaped committee, has repeatedly said that bans have not proven to be successful in the past.

Democrats in the U.S. House on Monday kicked off a renewed effort to prohibit a number of popular gun designs from civilian ownership.

Source: 165 House Dems introduce ban on most semi-auto firearms

Is This the Moment for Gun Control? A Gridlocked Congress Is Under Pressure – The New York Times

WASHINGTON — Lawmakers will return to Washington on Monday facing intense public pressure to break their decades-long gridlock on gun control, a demand fortified by a bipartisan group of governors calling for Congress to take action to protect against mass shootings.

But even as members of both parties said it might be difficult for Congress to remain on the sidelines after the school massacre this month in Parkland, Fla., lawmakers have no clear consensus on even incremental changes to gun restrictions, let alone more sweeping legislation.

Over a weeklong recess, Republican leaders in both the House and the Senate remained largely silent on gun legislation, a reflection of the significant obstacles to passing even modest measures this year.

Many Republicans fear primary challenges from the right in the midterm elections this fall and do not want to be pushed into difficult votes. Democrats are not eager for legislation that they deem too incremental. And with lawmakers of both parties looking to wrap up their work to focus on their campaigns for re-election, the time to pass any significant legislation is running short.

If the past is prologue, Congress will do nothing.

But governors who gathered in Washington for their annual winter meeting warned of the perils of inaction. Animated by a wave of polling since the Florida massacre, Democratic governors warned that candidates would pay a political price for opposing new gun regulations, and some of their Republican counterparts conceded that the pleas of voters could no longer be ignored as they increasingly abandon the party.

“I think for Republicans our challenge in the next race is going to be about appealing to the suburban vote that hasn’t been so good for Republicans the last few races,” said Gov. Bill Haslam of Tennessee, citing in particular suburban women. It is clear, he added, that “people want to see action.”

The combination of political pressure from the governors and moves by President Trump to embrace certain limited measures opposed by the National Rifle Association could set up a congressional showdown with the powerful firearms lobby not seen since the gun debate that followed the deadly school shooting in 2012 in Newtown, Conn.

The sudden focus on guns is likely to complicate an already busy agenda. Congress left Washington without coming up with a replacement for the Deferred Action for Childhood Arrivals program, which protects hundreds of thousands of young immigrants from deportation and expires next week. A contentious debate over gun legislation could push immigration to the back burner.

While the Newtown massacre and the many that have followed have produced familiar scenes in which Democrats push for tough new gun restrictions and Republicans dig in and resist, the latest mass shooting appears to have shifted the landscape, even if just slightly, as the Parkland students have become overnight gun control advocates and media fixtures.

A smattering of congressional Republicans — including some who have been staunchly opposed to gun control legislation — now suggest that they would be willing to take at least small steps toward restricting gun rights.

After being jeered at a forum televised on CNN, Senator Marco Rubio, Republican of Florida, said last week that he would reconsider his opposition to limiting high-capacity magazines. Another Florida Republican, Representative Brian Mast, an Army veteran who lost both of his legs to a roadside bomb in Afghanistan, called for a ban on the purchase of assault weapons.

Gun control advocates are looking toward the changing political climate in Florida, where the Republican governor, Rick Scott, and state lawmakers defied the N.R.A. in proposing to raise to 21 the minimum age to buy any firearm.

Senator Jeff Flake, Republican of Arizona, is teaming up with Senator Dianne Feinstein, Democrat of California, on legislation that would raise to 21 from 18 the age threshold for purchasing assault weapons like the AR-15 used to kill 17 people in Parkland.

poll released by CNN on Sunday, which showed support for stricter gun laws at levels not seen since the early 1990s, found that 71 percent of Americans backed barring those under 21 from buying any type of firearm.

“I don’t know if crossing the Rubicon is the right historical analogy, but there is a sense that this is different,” Mr. Flake said, adding, “Where the public is and where some Republicans have been on some of these issues just doesn’t match, and I do think we’re going to have to deal with it.”

Senator Pat Roberts, Republican of Kansas, a longtime ally of the N.R.A., has said he would back such an age-restriction proposal. “Certainly nobody under 21 should have an AR-15,” he told reporters in Kansas last week.

Mr. Flake, however, is not seeking re-election, and Mr. Roberts, 81, is unlikely to run again in 2020.

At the governors’ meeting, there was agreement on the issue between Democrats and some Republicans. “We do it for alcohol; we’re talking about raising the age for tobacco to 21,” said Gov. Gary R. Herbert of Utah, a Republican. “I think that’s worth talking about.”

Lawmakers have no clear consensus on even incremental changes to gun restrictions, let alone more sweeping legislation.

Source: Is This the Moment for Gun Control? A Gridlocked Congress Is Under Pressure – The New York Times

MTR Custom Leather IWB Holsters

June 21, 2017 by MTR Custom Leather in Uncategorized with No Comments

The A-3 and A-3A Adversary’s are great holsters. They are very small and compact holsters. You can easily take the holsters on and off very easy with only having one clip attachment. Once these holsters are broken into, the leather will soften up a little and the hoslter will conform to the position that you wear the holsters at on the waistband.

 

The Dual Carry is great choice for target shooting and conceal carry. This holster can go IWB or OWB. This holster is very slim in width and molds nicely against the body.

 

The Slimline IWB holster is similar to the Dual Carry holster in size. The main different is that the Slimline is only IWB carry.

 

The Sentinel is again similar in size of the Dual Carry and Slimline. The sentinel can go IWB or OWB. The OWB part is attached by a plastic paddle. This is easy on and off. You can adjust the clips-leather loops for the perfect ride height or cant. The holster is hand-bone for better retention of the weapon.

 

The Thoroughbred Holster is the largest out of the four of them. You can adjust the ride height and cant of the holster. The width (thickness) of this holster is the thinnest of all. The holster is thin, so it can mold againt the body very fast for comfort. The size of the holster helps to spread out the weight of the weapon.

 

The Deluxe Thoroughbred holster is our NEWEST IWB holster. This holster can be adjusted for ride height and cant. The backing of the holster is supported with a very comfortable memory foam like material to compress against the body when wearing. All of the hardware will be covered by the padding and the suede backing. The holster is hand-bone for better retention of the weapon. The size is a little longer in length than the dual carry and slimline and thicker duer to the comfortable padding.

 

****All of the holsters cover the triggar guard and has a reinforced mouth piece for better re-holstering. There is also a sweat shield on all of the holster to help keep the weapon from touching the body and the body from touching the weapon. Each holster is custom made specfically to the weapon and attachment.

 

**All USA materials and crafted in NC

**For more information and pictures of each holster, check out www.mtrcustomleather.com and visite our facebook page.

 

 

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