The ruling is very simple as it does two things. Firstly, it confirms that you have the right to carry a gun in public and secondly, the last of the hold out states like Maryland and New Jersey who’s carry permits required a good reason can’t require a good reason any more. That’s it. They can still demand training, fees etc but can’t demand you show a good reason. That’s it.
Of the 50 states, 42 of those states are Shall Issue or Constitutional Carry and in most cases, both of those. Most of America lives in those 42 states. The last of the 8 states use a May Issue system. Some of those states have counties that are fairly permissive on issuance and there’s a high chance you’ll get a permit but it's dependent on the location. The problem is mostly with a few of those 8 states like New York, Maryland, New Jersey and Hawaii and a few restrictive counties who simply never or almost never issue everyday citizens permits for general self defense reasons. The ruling forces those states into a Shall Issue system instead of a May Issue system. They can still deny a permit to violent people or persons with mental health issues and are still subject to background checks.
Why is this a good thing? Let me give you an example. Someone I know is a realtor who has a carry permit in a Shall Issue state for specific instances. In Maryland or New Jersey, she wouldn’t be issued a permit because she can’t show a good reason. She has a good generalized reason and if she explained that reason to the average, everyday person they would likely agree it's common sense but she can’t provide tangible evidence to prove it such as court documents or police records and thus these states would deny her a carry permit.
In reality, this ruling does affirm the in-public thing but it’s mostly focused on impacting those last few political regions where the ruling class doesn’t want you to carry a gun.
No, there won’t be Wild West gun fights on every street corner. It's not going to be Gunfight at the OK Corral (which BTW was a failure of gun control). I've had a few people say that to my face over the last 12 years and it's NEVER come true. We’ve had something like 30 years of Shall Issue permits and the Wild West argument hasn’t turned in to a thing. Making NY state fall in line won’t change that suddenly making it true. If you want to know what'll happen, take a look at Illinois after they started implementing a Shall Issue system after a similar court ruling. People got permits and almost immediately started defending themselves from criminals. It's been a big win.
That said, there is a real probability that the mechanisms this case operates on will have a major impact on gun laws like magazine limitations and the Left's favorite boogie man, Bans on Features and Accessories for Common Rifles also known as an Assault Weapons Ban. I say this as the text of the Opinion makes room for "common" guns. At 10's of millions, I would say that semi-auto, centerfire rifles with Features are common.
What I am hoping for is a new fight in the court system that focuses on these Gun Feature Bans that ultimately results in NFA Title II weapons like Short Barrel Rifles and Shotguns and hopefully silencers being removed from the NFA. Interestingly, there are already cases in the system that we're waiting on this case to be argued.
Fundamentally, this is a HUGE blow to Controllers here in the US. Hawaii, New Jersey and California are already getting applications for permits and have noted their head folks have instructed permitting agencies to by-pass the old Need requirement. New York is acting like a spoiled brat so we'll see how long it takes them to comply.
There are several court cases against the various firearms restrictions implemented by States against their People. 2021 and 2022 have the potential to be ruinous for the forces of Authoritarianism in states like California, New Jersey and New York who, for decades, have labored yearly to envision new ways to regulate firearms and infringe on the Second Amendment. It's like these states are a think tank for an infringement strategy.
The Supreme Court has opted to take several of the most important cases from these states such as a magazine ban limiting magazine capacities to 10 rounds, restrictive issuance policies regarding pistol carry permits and the ever hated but incredibly popular "Assault weapons" that are available in 90% of the rest of the US.
This could be so ruinous for Authoritarians such as Michael Bloomberg that the current President Joe Biden has created a commission to "investigate" changing the number of Supreme Court justices. Basically, the idea is to add something like four more justices to the Bench so that Biden can pick all four, stacking the deck against any "Conservative" ideals. Can't win? Cheat.
Concealed Carry Permits
New York State Rifle & Pistol Association Inc. v. Bruen is the case from New York state that is changing the restrictive concealed carry permit issuance policy that has been in place for decades. For me, this is the most important case since it will impact the average everyday Citizen in these Slave States the most. The unhindered ability for the People to exercise their Right to self-defense in those Slave States will help drive down the wildly out of control crime rate in said places.
When I did the math on this, a favorable vote for the People and the Right to Keep and Bear Arms would potentially add an additional 4 to 7 million concealed carrier permits in the areas where No Issue is the policy. The US is reportedly to have around 19 to 21 million carry permits. I'm looking forward to an additional bolstering of those numbers.
Magazine Bans
This and the AWB are the darlings of gun control in the US. They are low hanging fruit and easy to target with cheap propaganda and media manipulation. Association of N.J. Rifle PistolnClubs, Inc. v. Attorney Gen. of N.J is one of the cases that is dealing with a blanket ban on magazines with capacities over 10 rounds. Previously, a person could posses previously acquired magazines but the newest law and a similar one in CA require disposal or modification of those magazines.
"Assault Weapons" Ban
Assault weapons is a term created by gun control advocates based on the same term for a different weapon. Generally, assault weapons are semi-auto firearms that have specific features, those guns are bad according to may Authoritarians and need to be banned. They claim it's about making it harder to commit mass shootings but these are the same people who track incidents with BB guns as shootings and ANY mass shooting with something like a traditional handgun under the guise those incidents are Sandy Hook repeats. You can commit a mass shooting with a cowboy cap and ball revolver but that doesn't really matter does it? The magazine ban case is James Miller v. Bonta. A win in the Supreme Court for the People would immediately crush the push for gun control in the US on the Federal level pretty much whole-stop. There just simply isn't much more that is as big as semi-auto firearms with those banned features that gun control advocates have pushed.
I know I said that the carry permit case is the most important case and it is because it impacts more people on a daily basis. There are literally 10s of millions of American's who can't exercise their rights because they live in CA, HI, NY, NJ, MD, etc. Most people don't care about magazine capacity or semi-auto rifles until they need one. If it really came down to it and I needed to fight for my Rights, I can make a featureless goblin of a substitute for an AR-15 pattern rifle work. If I had to fight with a muzzle-loading rifle or club, I'd do it. Screw your anti-American, anti-Republic, Authoritarianism and your gun control.
03 OCT Update: The NY case for concealed carry is getting huge. The list of groups both pro-freedom and anti-freedom who have filed briefs is LONG. See the below page for the list.
09 NOV Update: The Supreme Court has listened the oral arguments for the NY carry permit case. According to folks who know more about this sort of thing than I do, it isn't looking good for New York. We shouldn't expect to hear back from the Justices until sometime around summer 2022.
07 DEC Update: The California magazine ban case was upheld in the 9th Circuit which isn't a surprise. No details on if the Supreme Court has opted to pick it up yet.
Recently, I decided to buy a silencer. This is the process I took to buy one plus some other cool background stuff.
Background
Silencers for firearms have been around for quiet a while. Hiram Maxim's son filed a patent in 1909 for the first known design calling it a "silencer." In 1934, Congress enacted the Nation Firearms Act, or as I will refer from henceforth NFA or NFA 1934, which created two groups of firearms and firearm devices; Title 1 and Title 2. Title 1 firearms were the guns the writers of the law thought people used for normal activities like hunting and personal defense and the Title 2 group is for firearms and devices they considered exceptionally dangerous or didn't have sporting purposes such as machine guns, short barrel firearms, silencers, poaching, etc. At the time, instead of out right prohibiting firearms (rumor has it they didn't believe they had the power to do so), Congress used the powers of Taxation and power of Commerce granted to them by the Constitution to place an excise tax on Title 2 firearms to regulate said devices. This was the IRS's new firearm division that later became the BATFE. A $200 tax (or $5 tax for specific firearms), registration of the Title 2 device, fingerprints, extensive background checks and storage requirements in exchange for a tax stamp are all part of the NFA world.
Silencers, or suppressors and 'cans' as they are more commonly referred to in the firearms world, work by encapsulating and regulating the expanding gasses of the rapidly burning gun powder. This reduces the auditory signature created by a gun shot but not eliminating it, hence why many refer to silencers as suppressors in the firearm community. Depending on numerous factors such as bullet velocity, barrel length, amount of gun powder, etc, this regulation can reduce the intensity of the sound of a gun shot by a fairly significant amount; around 30 dB. A firearm such as a bolt action rifle chambered in a full power, rifle caliber such as 30-06 with a decent length barrel can produce a decibel level in excess of 160 dB. For perspective, typical conversation is around 60-70 dB according to a quick Google search. A jet engine at take off can be around 130 to 150 dB. Your garbage disposal can be around 80 dB. OSHA says sustained 90 dB (specifically dBA) is acceptable. Basically, a gun shot is one of the loudest things you can come in contact with on a regular basis. Due to the levels involved, it's not unusual for a person to "double up" on ear protection by using ear plus and ear muffs. I've personally shot a 45 ACP 1911 with a 5 inch barrel without ear pro outside with out significant damage but I only did it once and isn't something I'm willing to do regularly. The 1911 in 45 is listed around 159 dB on the Council for Accreditation in Occupational Hearing Conservation's website. They do list the AR-15 in .223 Remington but they don't mention barrel length.
Basically, guns are loud. Even a lowly 22 rimfire rifle can be pretty loud at 143 dB. That said, I really like shooting my Henry lever action rifle with those .22 CB Short rounds when I'm at the farm. Very quiet by comparison to a normal .22 LR. At least quiet enough that I'm willing to shoot without ear pro fairly regularly.
Since the introduction of NFA 1934, silencers have been devices that the general public typically only see in movies and other media. People for the most part have no exposure to them. This lack of exposure does little to dispel myths and can help propagate misunderstandings surrounding the devices in both their operation/function and the laws regulating them.
Thanks to video games and certain spy movies, I remember thinking silencers made a whisper quiet, high pitched, pew sound that you may not even hear in a quiet library. Recently, that stereotype has been corrected.
Although this was some time ago, when I found out I could own one I decided that a suppressor was right for me. I did research on how to go abouts doing so and learned a lot. The paperwork surrounding silencers seemed daunting and, frankly, a little scary. I figured someday I would get around to it but just not now. Enter Silencer Shop.
The Process I Took
Some time ago, the ATF changed a few requirements with what has become known as 41P. This removed a few requirements and added others. You are welcome and encouraged to read up on the changes. With 41P, the process becomes significantly more streamlined and reduces the chances for errors on the forms or at least so I'm told.
Along with selling silencers and the corresponding accessories, Silencer Shop has since introduced a few services such as their Tax Stamp service, Trust service and Form 1 service.
To aide in the purchase process, they created a kiosk that has the ability to scan your fingerprints (needed for the ATF forms) and the passport style photo you need to send with the appropriate form; Form 4 in my case.
After the multi-year deliberation, I finally decided to take the plunge into the NFA world and buy a suppressor suitable for 9mm pistols. This needed to be able to work with my ProjectPDW build and other 9mm pistols. It would also give me the option to shoot .300 AAC Blackout if I wanted to. I found a suitable suppressor, or can, that would work for me. More on the device later.
I op-ed to pursue the trust method since this gives me the ability to add heirs should I have children that, once of age, would be able receive my property, in the event of a situation such as death or incapacitation. It also allows me to add persons that I would like to be able to have legal access to the devices, such as a spouse/significant other or parent, that way they can enjoy them or access them, for legal reasons, without breaking any laws should I not be available at the moment to control access.
Setting up a trust through Silencer Shop turned out to be easy. They sent web based forms that I filled out of who I wanted the settlor, the trustees and beneficiaries to be. Give it a name and that's pretty much it. They create the paperwork for you then you sign and have it notarized. Other companies also have NFA trust services but I have no experience with them though people that I trust have recommended others.
If you wish to use Silencer Shop's Tax Stamp service, you create a profile on their website or at the kiosk, inputting all the pertinent information and filling out a questionnaire. You upload the trust information and paperwork to their website along with the passport style photo and fingerprints you put in at the kiosk. They check all the paperwork and fingerprints for compliance then e-file the Form 4 along with the $200 for you. I'm told that this takes about a week to complete. As an update to this article, April 3rd was when I received the Form 4 for signing via Docusign. Silencer Shop should be preparing to E-File it shortly.
Once the ATF has the paperwork, it will take several months (current projections are around 7 months for E-file Form 4, Trust) for them to complete the background check needed then mail out the tax stamp. The stamp will be mailed to the store I purchased the suppressor from who will call me once everything is ready to be picked up. Update: It appears that Silencer Shop will snail mail the Form 4 instead of E-File. That would explain why I couldn't find wait times for Form 4 Trust E-File. Bleh...
Waiting sucks but depending on the shop you buy from and when you buy it (tax return season is apparently the worst), they may allow you to shoot the device at their range while you wait. You are not allowed to take it home since that would be considered a transfer.
The can that I bought is modular enough that I can use it for both 9mm and supersonic .300 Blackout but it doesn't mention anything about 5.56. It's also segmented meaning that one part unscrews from the main body allowing for a shorter configuration. The can is fairly heavy so the shorter, or K configuration, is welcome even though the suppression is significantly reduced. So far, I've only run the can in the full length configuration but on both my CZ P-09 and ProjectPDW. With subsonic 9mm, the full effect is spectacular. The noise levels are fantastic. ProjectPDW is an absolute pleasure to shoot. If there wasn't anyone else at the range, I wouldn't bother with any ear protection when shooting subsonic ammunition. The P09 is just as fun but there seems to be significant debris that ejects rearward so shooting glasses are a must. You should be wearing shooting glasses anyway.
I've come to really like my new purchase and it completes ProjectPDW in a massive way. I'm looking forward to buying more.
Update 12/07/2018 - I got the call. The dealer has my stamp and the device is ready for pickup!
I'm tired people shooting up people. I'm tired of hearing how banning semi-automtic rifles will stop mass shootings, I'm tired of hearing the political term "Assault Weapons," I'm tired of crazy people and domestic terrorists committing atrocities and I'm tired of hearing "+30,000 people die from gun violence."
Your Red Herring
Banning AR-15's and similar center-fire semi-automatic rifles along with other proposed "assault weapons" is absolutely a red herring and will not prevent someone from using a firearm such as a pump-action shotgun and/or a handgun to commit a mass shooting. My cherry-picked evidence of this comes in the form of the Charleston, SC church shooting and Virginia Tech shooting where those persons committed their crimes with handguns. In another attack that occurred in Germany in 2002, a person with a pump-action shotgun (an extremely ubiquitous firearm here in the US) and a handgun attacked a school, killing teachers. With this information, it's very clear that an AR-15 is not the only firearm that can be used in a mass shooting. This is your evidence that banning these touted "assault weapons" will prevent mass shootings is a "red herring."
So what will?
Nothing.
As long as people have a basic understanding of what a firearm is and how it works, a motivated person can fabricate a firearm easily and commit a mass shooting (the FBI defines a mass shooting as when 4 or more are shot but not necessarily killed). Yes, banning guns and strictly controlling their access and limiting those who would have access to said firearms will reduce mass shootings assuming you were able to confiscate the ones here in the US one wanted to prohibit (good luck with that blood bath). In parallel, if you ban alcohol the number of DUI's would probably drop since the substance is less prevalent. Though this is the US and we literally have a sport that was born from running illegal alcohol (NASCAR). So again, good luck with that. That's where that similarity ends but the basic idea is that if there is more of something that exists, you are more likely to run into it being used inappropriately. This goes for everything that exists including Free Speech. All in all, you will never see control like you see in Japan and Germany as long as the Supreme Court says the Heller case is canon.
So how can we MINIMIZE mass shootings.
The reality is that we need to analyze the various attacks but from what I can tell, the most common denominator is mental health. Other reasons exist such as a non-violent person breaking down and attacking in a fit of passion/anxiety or a terrorist attack but those are going to be difficult to stop and require a different approach.
My opinion is that the mental health infrastructure is what should be addressed. An analysis of the laws on the books will be needed to see where we can create a precision law, and not a shotgun blast like a ban would be, that would protect people's rights AND lives. Personally I feel that life without freedom is slavery.
It appears that law enforcement dropped the ball with the Parkland shooting and could have prevented it by putting this kid on the NICS list prior to his 18th birthday. It appears they had several opportunities. Remember that we do have a system in place but if we don't use it correctly then there isn't really a point in having it.
If we can improve our mental health infrastructure, we befit from not only in helping reduce these attacks but we also stand to improve some of the lives of those 44,000 people that commit suicide every year.
But "30,000+ people die from gun violence every year!"
The people who push this number clump the 19,000 people who would commit suicide with a firearm in with people who murder the other 11,000. I feel this is inappropriate and unhelpful if not down right disrespectful to those people suffering from depression and anxiety that choose to end their life. By sorting out how to better handle the mental health issue and narrowly tailoring our laws, we stand a chance of not only saving a few of the 11,000 from being mowed down during a mass shooting, we can also save some of the 44,000 who choose to kill themselves, all while protecting our rights.
I finally finished the process one must complete to buy a handgun in Maryland. The entire process will have taken me
about 6 months before I can take possession of any newly purchased
handgun. However, before one gets all excited the ACTUAL time is 22
days. I took the class back in October of 2013 but I had waited before
putting in the actual application, hence the 6 months bit. But from the
day you take a training class to the soonest you would be eligible to
pick up a newly purchased handgun after the waiting period ends is
around 21 days. Are you interested in the minimum total cost? With NO GUN PURCHASED
you are looking at spending a minimum of $124.50 for just the HQL. If
you actually buy a gun the minimum total cost not including the cost the
handgun is $164.50.
As I had stated
earlier the class was back in October 2013 but I waited for personal
reasons. I finally put in the application 26 March 2014 (a Wednesday)
after having completed the fingerprinting requirement (my finger print
receipt says 3/25/14). I watched the Maryland State Police license page
everyday afterward except on Sunday. By Sunday all the sections had been
completed except the MVA Photo, LiveScan and NICS sections (I imagine
those last 3 are actually the easiest sections since NICS is instant).
The page has a section that breaks down the various Maryland criminal
and mental health agencies' databases the MD State Police reference when
completing the background check. There are also sections for the
fingerprinting part and the "MVA Photo" they need for the hard copy and
of course the NICS checks. As each agency reports back, each section is
reported as 'Completed.' Once all sections are complete then an
"approval officer" completes the process. If all goes well, you'll have
an active HQL number in about a week. Mine went active on 31 March (a
Monday).
Once you have an active number though you
still can't buy a handgun... You actually need the laminated card. That
takes about a week to be mailed out to you; I got my card 7 April (a
Monday). That means that it took 12 days from the day I put in the
application to the day I received the card. But we're not done yet. I
could have run out and bought a handgun on 7 April. Had I done that I
would STILL have to wait at LEAST 7 days before I could pick up a
firearm that I just bought (Maryland has a 7 day waiting period). If I
had taken the class on 25 March and if the store allows "8th day
pickup" then you are looking at 21 days before you a able to exercise
your right to own a handgun.
But what about the cost? The ACTUAL minimum
cost to purchase a handgun with all the fees and taking the cheapest
class I could find plus the cost of a chamber lock (more on that later)
is $164.50. Below is the breakdown:
Cheapest class I could find* - $20.00
Cheapest LiveScan fingerprinting I could find - $54.50
Maryland State Police HQL Application fee - $50.00
Minimum Initial Cost - $124.50
*Please note that the $20 class is offered by one group otherwise the
classes offered by other groups are usually around $100 to $120. This
brings you to a cost of around $204.50 and upward.
Purchasing a handgun, however, requires a little more money to go to the
State Police plus one other requirement State law says is needed: the
chamber lock. A chamber lock is a device that is inserted into the
chamber of the firearm then the key is inserted into the muzzle and
rotated to lock the device in place. This locks up the action so one
can't pull the slide back. The State says that you have to have a
chamber lock before you leave the store. If you can't get one from a
buddy then you have to buy one. The fee that goes to the State Police is
for something that I'm not sure about. I've seen where it says
Government Background on a receipt from BassPro for $10 but I've heard
it was a transfer or registration fee. Additional Costs below:
State Police transfer/registration fee - $10.00
Chamber Lock - $30.00
So,
in total, if you want to exercise the 'KEEP' part of your right to
"keep and bear arms" (specifically a handgun) as a resident of Maryland
you will wait around 3 weeks and you will pay a minimum of
$124.50 in addition to the cost of the firearm of your choice plus
sales tax, fees and required accessories. The total cost of that new
$550 Glock 19 GEN4 you want? Around $747.50 without any extra mags, ammo
or other accessories. But remember, not all of the HQL classes are that cheap.
Many of the classes available are around $100 to $120 but some of those classes offer more that just the basic class. From what I have heard, some of the more expensive classes have you shoot various handguns giving you experience with those firearms to help you choose which gun you may end up buying.
When
you buy the gun you still have to do several pages worth of paperwork
in addition to the standard form 4473. Everyone does form 4473 no matter
what state you live in; its a federal requirement when you buy from a
dealer. But Maryland has about 3 or 4 pages you still have to fill out
which, incidentally, those pages are basically the same as form 4473 AND
the questionnaire you had to answer when put in the application for the
HQL. TRIPLE REDUNDANCY!!! Thankfully once you have the HQL you can buy
all the handguns you want (you'll still have fill out all the pages for each purchase). I would strongly suggest you buy as many as
you can so as to help offset that initial cost. Additionally the license
lasts for 10 years; I'd like to move out of this idiotic State before
then but only time will tell.
I just want to say that
it boggles my mind to think that people are willing to set dangerous
precedence by requiring lengthy delays and monetary costs that the
ordinary, everyday citizen has to jump through before exercising what is
a fundamental, Constitutionally protected right.
Don't
believe owning a handgun is a right? Don't take it from me The Supreme Court says it is (see
the 2008 Heller Case).
Update: I may have some of the days wrong. The dates are correct but the math may not stack up just right. Either way, your still looking at about 21 to 24 days before you can actually legally pick up a newly purchased handgun from the store.
