2nd Amendment update – Jeff Gross

By Jeff Gross, contributing writer

Time for an update on legal challenges to the 2^nd Amendment. The 2A community has had a significant number of “wins” in the courts as of late. The only “losses” came in 3 courts which did not abide by the Heller, MacDonald, Catano, Caniglia, and Bruen decisions that have laid out legal direction on how to decide on cases relating to the Second Amendment (2A). The judges in those 3 courts are appointees of Presidents Obama and Biden, and the majority of Rhode Island legislators are of similar mindset, and have stated their public opinions on gun control.

As “gun bills” come before the Rhode Island House Judiciary Committee on Monday, April 17^th at 2 pm, I’d recommended that 2A supporters who traditionally show up send a handful of representatives instead, and avoid the group look. I’ll be attending the hearings and testifying. A colleague described my testimony as “bombshell” – you can watch for yourself as the hearings are televised on Capitol TV, and live-streamed. The next day you can watch it in the online archives https://www.rilegislature.gov/CapTV/Pages/default.aspx. 

Those of you who know me know I am a Constitutionalist. As a former member of the military, I swore an oath to protect the Constitution that lasts for life. . I agree with numerous Generals and Admirals that the US is in a severely weakened military readiness state, with “woke” agendas infiltrating even there. Our country, once the world leader, appears to be on a path to losing that status.

For those who stay home on hearing night, consider donating that $20 in gas and $5 in parking fees to one of the national 2A groups. As Jared of “Guns and Gadgets” on YouTube puts it, “for the cost of a large pizza, alone” one can join the national groups with that $25. That $25 – $35 cost put together with others, can have far reaching effects in advocacy. I recommend the National Association of Gun Rights (NAGR). 

Folks from the NAGR took me on board as an Honorary plaintiff in the Massachusetts AR-15 ban and Magazine ban case. Their attorneys have been informative in the case dealings. These cases are at the First Circuit Court of Appeals now. Either case will benefit the other when they are argued. 

Some other organizations you can join, or support are the Gun Owners of America, the Firearms Policy Coalition, the Second Amendment Foundation and the National Shooting Sports Foundation (NSSF).

NSSF is now the lead in the RI Magazine Ban Case. Thanks to Will at Big Bear Hunting and Fishing,  and also Jon Hirons, President of Smithfield Rod and Gun for all their help, also. Give them your patronage, as both are outstanding members of the RI 2A and RI Outdoors community.

Earlier this year one of my articles included a piece about how gun ownership by women is the largest growing demographic. It is. That demographic is growing at an accelerating pace. When I was in the Military, women were just being brought on board and it was a pleasure to serve together. A firearm is a definite equalizer for an average sized woman confronted by an average sized man, for defensive purposes. Using a weapon effectively comes after training and range time, and advice in purchasing the best firearm for you. Many a RI gun club, including my own, Rhode Island Fish and Game Protective Association in West Greenwich, recognized that women wanted to have a clear understanding of the sport. Today we offer a popular “Ladies Days” event annually, in September. Stay tuned in the coming months for more informational announcements.

As a few of you know, a pair of events last July caused me to lose interest in writing. Many of you supported me with your words of encouragement, and I appreciate your support including your candid words. You all know I am a stickler for the truth.  In the last 4 weeks a series of unexpected, pleasant events have occurred that inspired me to restart the Friday fishing and Friday outdoors articles. I hope you all enjoy the writings going forward and we will see where this path leads us. There is great potential.

Also with great potential is the fact that US Attorney General Garland chose to fight the decision by the 5th circuit court of appeals. This case is in reference to people who are issued domestic restraining orders, losing their Second Amendment rights. I was first notified of this case by Mark W. Smith, host of the “Four Boxes Diner” on YouTube.  The Four Boxes Diner is a great learning source in understanding the legalities of gun cases. Mark also helped me learn legal terminology and court procedures quickly, which will assist in the RI House testimony. I view Garland’s decision as a slam dunk for the gun community. Courts issue restraining orders like popcorn. While no one should ever tolerate domestic violence, too many innocent folks have lost their 2A rights due to unsubstantiated accusations. Garland’s SCOTUS case will eliminate this 2A violation.

Some time ago I mentioned that I see RI gun laws 11-47 as 85% unconstitutional. After the pair of 5th circuit decisions, I’d raise that to 95% unconstitutional. The only aspects of 11-47 that I foresee as constitutional are keeping guns out the hands of convicted violent felons and violent mentally ill. No other aspects of 11-47 will be viewed, eventually, in my opinion, as constitutional. At some point National Permitless/Constitutional carry will be the norm, also.

There are current events that shade our clarity in protection of the 2^nd Amendment of the Constitution. School and mass shootings continue to shock our senses. Most of the gun control efforts being entertained won’t have any weight in preventing these incidents because they are not about guns – they are about mental illness, or substance use. Or they involve lifelong criminals being let out of jail too soon, and not rehabilitated. In most cases there were warnings everyone could see. Taking firearms away from law-abiding citizens won’t stop them – nothing will – until we address those unique problems, if even that is possible.

Doing the much harder work of addressing society’s ills that bring people to mass shootings and crime is where we need to spend our efforts. How are the mental health laws? Addiction programs? Do we help families know what to do when they see a critical issue developing right within their families – and often behind closed doors, and a shock to all when something does happen. Are schools “saying something” when children exhibit violent tendencies so interventions can happen at an early age? A few school administrators may be failing to do their jobs. A 6 year old student shot his teacher in the face in Newport News, Virginia. The 6 year old had prior violent tendencies that were ignored. The administrators were tipped off that the 6 year old had a gun and “was in a violent mood” the day the teacher was shot.

One of the reasons gun classes are full is the need people see to protect themselves. Tucker Carlson recently stated, “this is not the time to give up your AR-15.”

Those keeping track of constitutional gun right “wins” to the many challenges across the USA including court hearing timing on local cases:

-Biden appointed judge declares MN under 21 gun possession ban unconstitutional 3/31/2023

-Credit Card companies have paused the tracking of Gun shop purchases due to a number of states passing bills making such data collection illegal

-NRA files case against Credit Card companies in SCOTUS 2/7/2023

-Merrick Garland appeals to SCOTUS, the 5th Circuit Court declaration that banning Bump stocks is unconstitutional. 4/6/2023

-NJ denied request for a stay on the injunction for suing gun manufacturers. 3/3/2023

-Anti-Gun judge in IL forced to declare IL AR-15 ban and Mag. ban unconstitutional. 3/3/2023

-Banning ghost guns injunction granted as is, likely unconstitutional  3/2/2023 5th Circuit 

-Banning gun possession by non-violent felons declared unconstitutional 9/2022 TX Federal Judge

-Banning semi-automatic gun purchase and CCW 18-21 year olds declared unconstitutional – Federal Judge Texas 12/2022

-Gun confiscation through restraining orders unconstitutional  2/2023  5th Circuit Court of appeals

-Gun Confiscation through Red Flag unconstitutional 12/2022  NY Supreme Court

-2^nd NY judge declares Red Flag law unconstitutional 4/4/2023

-Temporary injunction upheld re: NJ CCW restrictions  1/2023 Fed District Judge NJ

-Pistol Brace ban declared unconstitutional by 5th circuit 1/2023

-Banning firearms with obliterated serial Numbers unconstitutional 10/2022 Fed District Judge WV

-Gun Ban due to Pot possession declared unconstitutional 2/2023 Fed District Judge OK

-Gun Ban due to Pot possession declared unconstitutional 4/6/2023 Fed District Judge TX

-Bump Stock Ban declared unconstitutional by Fed District 1/2023  5th Circuit Court of Appeals

-MD AR-15 Ban oral arguments 12/2022  Decision due June 2023

-HI AR-Ban oral arguments 4/7/2023 Decision due June 2023

-RI Mag Ban 1st Circuit Schedule  Gun owners brief due March 31st, 2023, Neronha’s brief due June 1st assuming he requests an extension.  Oral arguments July or August 2023

-MA Mag Ban and AR-15 Ban 1st Circuit Schedule (I am a plaintiff) Gun Owners brief Submitted Feb 2023, MA AG brief due April 6th, Oral Arguments due late April or May.  This case may clear an easy path for RI Mag Ban case.

-MA Banned pistol safety list Oral Arguments April 4th, 2023

-MA Banned Pistol safety Roster law vacated and sent back to MA Federal District court. April 8^th, 2023

-Florida Becomes 26^th State to have Permitless Carry.

-3 States working on Constitutional carry that will bring the total to 28 US States. NE, ND, SC. NE will allow US citizens to carry just like Maine

There were 3 temporary setbacks this week regarding the 11th Circuit Court and the under-21 ban in Florida. The 3 liberal judge panel failed to interpret the FL case via Bruen instructions but instead ruled on emotions. But FL is said to be removing that law.

A federal district judge ruled against an injunction in the Delaware AR-15 ban. This is only temporary and won’t be a complete loss. The other is MO where the 2A sanctuary status was declared unconstitutional. This case will end up being decided more than likely in SCOTUS. However, another state has declared 2A Sanctuary status. Also, MO has a law that any government official that violates a person’s 2A rights receives a $50,000 fine.

It is clear that the reign of unconstitutional gun laws is over – at the same time mass shootings are increasing. If legislators truly want to make society safe, then it is time to focus efforts on individuals with violent tendencies. It is my opinion that legislators are more interested in controlling the general public.

Editor’s Note: as we go to press, we learn that the shooter’s family in Louisville is saying that they were aware of serious mental health issues with their son, and they were getting him care. Details were not disclosed.  Earlier it was noted that the shooter wore a helmet when he played basketball because of many concussions he had suffered playing football. The shooter purchased the gun 5 days before the incident.

The meeting will be televised live on Capitol Television, which can be seen on Cox on Channels 15 and 61, on i3Broadband on Channel 15 and on Channel 34 by Verizon subscribers.  The meeting will also be live streamed at //rilegislature.gov/CapTV/Pages/default.aspx.

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Jeffrey “Jeff” Gross spent 21 years as an Analytical Chemist at the USCG R&D Center in Groton, Connecticut, Woods Hole Laboratories, and Helix Technologies. Changing careers is a “great learning experience for everyone”, Jeff says, and I’m an avid outdoorsman and conservationist, a student of the Sciences, and the world. The US holds too many wonders not to take a chance and explore them”.

Jeff is the Model Train and Railroad entrepreneur. Proud Golden Retriever owner. Ultra strong Second Amendment Advocate and Constitutionalist. “Determined seeker of the truth”.  Jeff is a RIFGPA Legislative and Legal Officer, Freshwater Chairman, NRA Liaison.

His subjects include Outdoors, Second Amendment, Model Railroading, and Whimsical.