U.S.A. – -(Ammoland.com)- A lawsuit was filed Thursday by Stamboulieh Law, PLLC, in the United States District Court for the District of Columbia against the Department of Justice. The complaint, filed on behalf of this correspondent, was made necessary due to the DOJ’s failure to turn over records relating to a Freedom of Information Act (FOIA) request seeking documentation of department actions in defense of the Second Amendment.
That requested documentation included:
- Any and all Statements of Interest filed in lawsuits dealing with and/or related to the Second Amendment to the United States Constitution; and
- Any and all documents and records related to enforcement of the Second Amendment via 34 U.S.C. § 12601; and
- Any and all documents and records related to deliberations or discussions, including emails, correspondence or memoranda, related to protecting and defending the Second Amendment.
The reason behind the FOIA request was because of a Statement of Interest representing the United States filed by the DOJ in a First Amendment case decrying preconditions to exercising that right.
“Such extreme preconditions to speech might not be out of place in Oceania, the fictional dystopian superstate in George Orwell’s Nineteen Eighty-Four,” the government’s statement asserted. “The First Amendment to the United States Constitution, however, ensures that preconditions like these have no place in the United States of America.”
“But ‘preconditions like these’ have a place in the United States of America when it comes to the right of the people to keep and bear arms?” this column asked in January. “So they’ll go after violations for other rights, but where the Second Amendment is concerned, state entities can do as they please without fear of federal checks? Even though infringements directly affect the ‘security of a free State’ by disarming the citizen Militia?”
The DOJ statement elaborated on its powers to correct infringements:
“The United States further states that the Attorney General enforces 34 U.S.C. § 12601 ‘which provides in relevant part that governmental authorities and their agents may not ‘engage in a pattern or practice by law enforcement officers… that deprives persons of rights, privileges, or immunities secured or protected by the Constitution or laws of the United States’ and that the Attorney General ‘may in a civil action obtain the appropriate equitable and declaratory relief to eliminate the pattern or practice.’”
That’s appropriate. We hear the term “law enforcement” all the time. Considering the whole reason we have the Constitution in the first place (as articulated in its Preamble), we hear far too little about rights enforcement. Has DOJ ever issued statements or published documents related to the Second Amendment comparable to what it has done on the First? If the answer is “No,” what does that tell us?
It’s too bad the department that penned those fine words decrying preconditions doesn’t seem to want to let us hear more, at least as far as the right to keep and bear arms is concerned. Attorney General William Barr is certainly not shy about enforcing gun laws. So why does his DOJ appear so reluctant to enforce “gun rights”?
DOJ’s required-by-law time period to comply with the FOA request has expired, as has the extended time period it requested. Expecting the nation’s top law enforcement agency to comply with the nation’s laws hardly seems out of line, so this action has unfortunately been made necessary by their own inaction.
And if it was a matter of COVID-19 putting a delay on things, all they had to do was ask. We’re not trying to be unreasonable – it’s not like anybody is going to get rich on having court costs covered — and this litigation would not have been necessary in the first place had the DOJ simply done its job.
We seek information “We the People” have a right to know, and to expect an accounting of themselves by our supposed “public servants.” In response, government attorneys have instead gone on the offense with arrogant dismissals:
“In short, there is a tangled web of connections between a small cadre of firearms activists and their efforts to recover fees through largely unsuccessful FOIA litigation.”
I realize none of us are self-important beltway trough-feeders with virtually unlimited access to other people’s money, but we’ll see about that. We did OK forcing the government to cough up court-martial records on the Texas church shooter and we’re taking our chances here.
Our complaint follows:
Also see: Trump Choosing Barr for DOJ: No Favor to Gun Owners
About David Codrea:
David Codrea is the winner of multiple journalist awards for investigating/defending the RKBA and a long-time gun owner rights advocate who defiantly challenges the folly of citizen disarmament. He blogs at “The War on Guns: Notes from the Resistance,” is a regularly featured contributor to Firearms News, and posts on Twitter: @dcodrea and Facebook.
I’ve been watching shit like this stumble through the courts like a drunken sailor for over 50 years. Even if the complainant wins. Even at the Supreme court. It solves nothing. There will be another road block and another court case. All the while Rights will continue to be denied. Because people Cede their Responsibility to Protect and Preserve Their Rights. At the end of the day to people who could care less about what the people think are Their Rights. Keep Your Powder Dry.
The only way to retain RIGHTS is to FIGHT by any, and all means, those that would take our liberties.VA is a perfect case, IF the PEOPLE had just REFUSED to adhere to Northam and charge HIM and all who enforced his DECREES NOT codified LAWS, he would be in JAIL.
@Dark, Yes, there are many foreign and domestic enemies that want to disarm us (remember that U.N. Small Arms Treaty that Trump got us out of). We have to stick together, vote out betrayers, and screen out rinos at the primary elections.
@Wild Bill
Got a question sir
@SEMPAI, ask it.
Wild Bill) The problem with that strategy is: Once you get through screening out all the demonrats and rinos… there’s nobody left!
The unlimited “power of the purse”, that is, the power to print ‘money’ at no cost, in unlimited quantities, has purchases ALL of politics, including the elections.
That is the first clue that this problem is systemic in nature, and not just a few ‘bad apples”, or whatever other euphemism you like, to describe the criminals in power. Not only in DC, but in all the governors mansions and State Capitols too.
@Kute, Yes, they are all doing something other than what the Congress was designed for. But how do we get the members of Congress to stop engaging in self serving conduct? I suppose that we could execute them all as a warning to future members of Congress, but that sounds highly work intensive.
Eliminate the corrupting influence of parties and lobbyists by banning those, but I think that a whole new Congress would be necessary, first.
Got some additional ideas?
WB) I surely do have a plan. Since the power to create currency, out of nothing, at no cost, is so easily mistaken for “MONEY” (which cannot be created out of nothing at no cost), this system of corruption must end, or liberty cannot survive. Freedom cannot survive when unlimited quantities of fiat currency buy everything, including congress, elections, and the sheeple themselves. The only cure for that is becoming aware that the substitution of currency for money is what created this systemic problem in the first place. Once the sheep become aware of the fraud inherent in it, and… Read more »
@Knute Knute, I noticed. So your plan to insure the honesty of individual Congresspersons, Judges, and bureaucrats is to go back to real money?
You are aware of “payment in other forms.”
Certainly, but no form of payment except fiat currency allows UNLIMITED amounts of corruption. It is this “at no cost” option that allows those who understand the system to dominate anything they choose to, through unlimited corruption. If that were to be removed from the system, so that crime no longer pays, then the scope of the problem will shrink by orders of magnitude! And clean up would then be possible, simply because unlimited amounts of cover up “hush money” (hush currency???) would no longer be available. I’m sure you’ve noticed that whenever the authorities are sued by sheep whom… Read more »
@Knute Knute, Yes, the economy is the most powerful weapon.
WB) Not to even mention it has also been stated “right from the horse’s mouth”, as it were… including the names of the guilty parties. “The few who understand the system will either be so interested in its profits or be so dependent upon its favours that there will be no opposition from that class, while on the other hand, the great body of people, mentally incapable of comprehending the tremendous advantage that capital derives from the system, will bear its burdens without complaint, and perhaps without even suspecting that the system is inimical to their interests.” The Rothschild brothers… Read more »
@Knute Knute, Yes, good stuff.
Thanks! I know that gun people (or just people in general 🙂 )tend to have little interest in finances and banking, but for the reasons already mentioned, I’m of the belief that that simply MUST change. So until then, I’ll just keep repeating fiat currency info, ad nauseum….
@WB; I agree. If ‘l.grahammmmm’ does not call for 0bama to come and answer questions while UNDER OATH this will PROVE ‘graham’ is nothing but a RINO —- which I believe he is.
@Laddy, yep, nothing but a cracker.
I wonder what the NRA has been doing all these years. This seems like the kind of lawsuit the nations oldest civil rights organization would have brought against the DOJ. Or have my $$$$$ contributions to the organization over the years been used for other things ?
The NRA is broke.(Spend a dollar on mailings every week begging for money, while the leadership lived like KINGS.
The MAIN PLAYERS getting anything done NOW, is FPC, SAF, and the GOA, and state Gun Rights Groups.Make no mistake WE will have to fight i the streets to KEEP the 2A,or become slave s like the poor cucks tin the EU.
@Doszap
Got my GOA sticker in the mail just this week read the post (here) about the work they do watched the progress of their work and BOOYAA I’m a GOA member now as well
Me too….without the hashtag.
Me 3, about a week ago, finally bit the dust to be a part of the progress.
@D.; I hope and pray the exchange of lead does not HAVE to happen.
I have serious doubts that if it does, that the end result will not be a restoration of our Constitutional Republic.
Wayne has some silky undies probably courtesy of your generosity.
The NRA has supported and helped write every federal and a lot of state infringements currently on the books. They supported the NFA, GCA, Mulford Act, Hughes Amendment, import bans, NICS, FixNICS, bumpstock ban, red flag laws, and have refused to back constitutional carry legislation at the state level. They even bragged about their support for gun control in American Rifleman magazine. Those butters and Fudds don’t give a shit about rights.
I’m not a lawyer, just a retired lawman, but I don’t believe they can or should ignore this. Something needs to be done to keep states from trampling on the Constitution.
WE WILL have to do it by force,we are 30 years behind any LITIGATION to straighten this out.
ALL NFA LAWS/GCA’s are 100%UNCONSTITUTIONAL.
USA) Not necessarily. While infringements are accepted as “legal” (but not lawful!) at this moment in history, that need not equate to surrender. What the sheeple tolerate today, they might well decide not to tomorrow. Surrender would be handing in all weapons to the State. An army that keeps its weapons still remains a threat later.
The current situation is much more akin to a cease fire, than to a surrender. IMO, OFC. But we never actually fired back in the first place, so perhaps it’s more like an uneasy, temporary, truce.
@David – Doesn’t seem to me that it would take much effort for them to write back (though perhaps with less colorful/more professional language). “FOAD. We have not and will not file any statements of interest in support of the second amendment. We have not and will not enter any enforcement actions in defense of the second amendment. The above statements summarize our deliberations and actions with regard to defending and enforcing the second amendment. Have a nice day.” See – Shouldn’t take but a couple minutes to thoroughly answer your request. Guess they don’t want to piss of every… Read more »
Finnky, that was a bit tame. You forgot to mention their actions willfully violate the Constitution and have gotten many US citizens killed while enforcing illegal edicts (ATF regulations) and unconstitutional laws (every law written that infringes upon the RKBA).
@DC, Go Dave!
The only problem I see (just me) is the wording ” any and all “.
I firmly believe our government and our citizenry does not understand that the government “works for us”. We have been negligent in our duties to “set them straight” and it is time we took our responsibilities back.
ARM UP and CARRY ON
We owe it to those that came before us.
Excellent post, Clark says what most of us think. He beat the Democrats at their own game when he ran for sheriff as a Democrat in Milwaukee. He knew Milwaukee would never elect a Republican. I would stand with this man any time any where.
“Better to die on your feet than to live on your knees.”
I will cover his SIX any day of the week, HE would make an EXCELLENT POTUS,
I did a similar thing. I was elected Judge as a Democrat, (I was endorsed by them and also by the Conservative Party). I’m still a registered Democrat, even though I haven’t voted FOR one since I was a kid. I’ve stayed registered, so I can vote AGAINST the front-runners in the primaries, and also, so I can infiltrate the County Democratic Committees.
When in Rome, dress like a Roman…
Sheriff Clarke is a pretty cool guy, even if he’s a bit over the top in some respects, he a true #Patriot!
He was a Son of a bitch going in to the 2nd Amendment and was all for getting rid of AR Clones/AK Clones. Trump has turned out to be a learn as you go POTUS when it comes to the Constitution,he didn’t know shit about it until HE needed it. He has done more damage to US as 2A supporters than Obama, BIT, not near as much as if the Dems would have WON, the WAR would already have been going on for 4 yrs. Barr should realize he is a criminal BY not following the CONSTITUTION< and the BOR's,and… Read more »
It is a huge mistake to forget that Barr was also Attorney General during the FBI’s illegal sting on Randy Weaver in Idaho. He was in essence in charge when the FBI sniper (Lon Horiuci) murdered Vicki Weaver and then did his best to cover it all up. i don’t trust him at all in 2A matters.
That’s another reason why I don’t trust him and I believe what we are seeing is “Political Theater”, which is designed to keep US hopeful until the conspiracy can drive the final nail into our coffin
Say, where is the House of Representatives on this?
How come a Republican super majority didn’t cut the funding for the BATFE back to nothing.??
Because most Republicans are butters and Fudds. They love their big government and unconstitutional agencies as much as the Democrats.
I got a candidate for the House up here in Maine said the same thing today at a meet and greet.
@Doszap; I disagree that President Trump has hurt the 2nd more than the jihadist muslem 0bama and the DemoNAZIS who occupy “representatives’ seats in the current and past CON-gress.
Big O was, at least, mostly in the open about his disdain for the 2A as written.
@loveaduck – Big O was also determined to undermine the 2nd within strictures of the law. He attempted to find legal means to ban bumpstocks while Don-the-con simply ordered ATF to F* the Constitution and do it. That single act wiped away what remained of my naïve expectation of honest governance attempting to do “good” as well as belief that we live in a country under rule-of-law. Now limited to better than the alternatives…
Would like to see someone actually MAGA – restoring respect for individuals and protections for our rights and liberties.
@Finnky, how does one undermine a part of the Constitution within the “strictures of the law.” That is entirely backwards.
Excellent. Fat-boy Billy Barr hates the second amendment. His Project Guardian empowers the ATF more then before to harass the law-abiding. He and his family are Notre Dame elitists.
I’d invite you to give me an option, but I don’t see Biden or Cuomo fitting the bill…
@JG, Where do you sit?
Here’s what happens when Rights are decided by the Courts.
Ninth Circuit Restores Ammo Background Checks In CA
https://www.tacticalshit.com/ninth-circuit-restores-ammo-background-checks-in-ca/
The Ninth Circuit is nothing but a bunch of Commie Leftist FAR left Progressive Political hacks, they wouldn’t know a REAL LAW if hit them in the ass.
There should be a law instituted for the REMOVAL of POLITICAL Judges.
USC Title 18-242 Applies to them and all .GOV hacks.
@Dos, Most people think that federal judges are appointed for life. That is half correct. Federal judges are appointed for life … or a term of good behavior. If judges act beyond their authority, that is bad behavior, and the particular judge can be impeached. Once again we see that the founding fathers had crafted a check and balance.
@DOS & Wild Bill: You must keep in mind under the current system their (Judges) opinion of what a Right is carries far more weight than your opinion. Regardless of what the 2nd or any other Amendment says. As for Impeachment. The Citizenry does not have the power of Impeachment. And the chances of those who do. Doing So is ZERO. So No matter how much You bitch and whine about what They Decide. Their Game Their rules WE the People Lose Again. Keep Your Powder Dry
@Dark, The opinions of Judges carry more weight because they get to rule, so … Yes, that is true.
As to impeachment, impeachment also starts in the House of Reps. So, … also true.
Federal judges are appointed by the POTUS, and confirmed by the Senate. Lets vote for people that would change the judiciary.
Impeachment begins in the House of Reps, so let’s vote for those that would not tolerate bad behaving judges. Like you said its their rules.
Gee, how come we can’t find a member of the House of Representatives to introduce a bill of impeachment against ALL of those judges?
@TN, With the membership of the current House of Rep., it would be wasted effort. Let’s change that.
Well, it is a “lifetime” appointment.
True the check and balance is there but who will carry it out? The whole system is so corrupt no one can remove the bad ones in government and the court system. Hell if all the bad guys were taken out there wouldn’t be anyone left .. 🙂
Outstanding!
The Final Act of this Theatrical, will be “WE THE PEOPLE”.
Going to be a LOT OF Bloodshed,I suggest contacting your Sheriff and try and get a meeting face to face, and try and talk them into DEPUTIZING anyone who wants to be and meets the criteria to be called to duty.
Good luck, Mr. Codrea! It is about time that everyone learns of A.G. Barr’s anti-gun persona! I am absolutely CERTAIN that the basic reason that the DOJ (at the behest of Barr) does not want anyone to have access to the legally requested information. It will plainly show that Barr is NOT doing his job because of his ingrained anti-gun position!!!
What would you expect from anti-2A Trump and his anti-2A administration? That scumbag Barr defended the murderers at Ruby Ridge and Waco.
He did serve as defense attorney for the Ruby Ridge murders. Not sure about Waco.
Don’t forget, though that Samuel Adams was defense attorney for the eight Brisith Regular soldiers who were charged with murder in the Boston Massacre. When asked about his alledged perfidy afterward, Adams replied that if htese men could not get a fair trial in Boston WHO COULD? Further, if these woud be denied due process any of the people of Boston and Massachussetts, could as well.
Now, whether justice was served in these cases is a different matter.
@Stag: I have not concluded that President Trump is all together Anti-Second Amendment. However, I do not appreciate the infringements placed upon Americans via an Executive Order. Also, President Trump has show a willingness in the past to infringe upon the Modern Sporting Rifle. Mr. Barr has made it known in the past that he favors GUN CONTROL. Mr. Barr HAS defended the ASSASSINS of Ruby Ridge with the MURDER of the Wife while standing in the doorway HOLDING A BABY and the murder of the boy. The shooter has never been brought into a court over this murder. This… Read more »
A good read on this is “I’m From the Government and I’m Here to Kill You.”
I wonder about Clauses 15 & 16. I need to find the how’s, whys and who’s on those.
@duck, Clauses 15 and 16 of what
@Laddy, Trump can not be all anti-Second Amendment, first Trump got us out of that U.N. Small Arms Treaty that would have been the equivalent of a federal statute. Second, he is better than any politician we could have been stuck with.
What Executive Order are you referring to? What willingness to infringe on MSRs are you referring to?
POTUS doesn’t like, or care about the 2A,(his SONS are and do), and is woefully ignorant about the Const /BOR’s and Amendments.HE has been learning on the job.He parrots it FOR VOTES.IF he wins a second term I think we will see an entirely different TRUMP.
I do not trust EITHER of them as far as I can throw them.
Paste this to your Desktop,or a file.
U.S.C Title 18 Section 242.
All of them are guilty of BREAKING FEDERAL and Constitutional laws even SCOTUS.
THE RED & BLUE are on the same road,just going at different speeds.REMEMBER that folks.
Trump has talked a good game but he hasn’t done SHIT for the 2A.
Dentition centers are being secretly built ALL OVER the USA on the QT.
NO WAY you can convince me me He’s not in the Middle of it.
Pro 2A Sheriffs, and LE are being LISTED as NON COMPLIANT.
Guess what that means?.
There is no GRAY here, it’s all BLACK and WHITE.
Perhaps they are diligently attempting to find “something” that may be responsive. Or maybe DOJ found arguments defending 5th Amendment right of those with firearm defects not to register or otherwise advise that they possess a firearm, and that there are instances where an unregistered firearm is not a violation of the NFA. … I expect there are other “old” positions that they would like to forget, or preemptively offer current reasons for why they have changed the “government’s position”. … Similar to the fact that now the “government” the “supreme law” of the land; the “established religion”.
Every ABC agency needs to BE Done away with,or start from scratch.
Yep, Mr.Barr, get off your dead ass and DO YOUR JOB, basically being an ANTI GUNNER doesn’t help Americans Causes.
“The RIGHT of the people to keep and bear arms shall not be infringed.” A RIGHT delayed is a RIGHT denied. Tyranny must not be allowed to go unpunished.
Arm up, carry on.
All I hear is a lotta bitchin, why don’t some of you get out and run for office? At least , go vote!
Some of us do vote, but you are correct too many do not.
Don’t just vote, vote for pro 2A Republicans.
Shame on any gun owner who votes Democrat.
Anyone that votes for Democrats is a co-conspirator and has blood on their hands, 63+ million Americans later.
You cannot “run” for the office of Attorney General of the United States!
When you vote, DO NOT vote for anyone with a (D) or an (I) behind their name!!!
@nobody – Evaluate candidates as individuals. Being independent is not necessarily bad – particularly as both parties want to assume greater power for themselves within government and for government over the people. At the moment (quite a long moment) dems are worse – with every single candidate toeing the line, tripping over themselves to be the most anti-gun and most socialist possible. At the same time republicans have their own issues. Lacking a clear path to victory, third party and independent status, tends to attract fringe candidates lacking resources and capabilities to succeed in either major party. That’s not necessarily… Read more »
Super! With Barr perhaps we can expect better protection!