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More proof that public comments work

by on May.06, 2014, under Uncategorized

ATF plans to expand the outdated CLEO sign off requirements put on hold “…set to be delayed, due to intense opposition from the NRA and other anti-gun-control activists.

…”ATF officials have told industry groups that a June 2014 deadline for publishing the new rule is expected to be pushed back into 2015, due to the scale of opposition expressed during a public consultation phase.

People sometimes make excuses not to help, but proclaiming that public comments don’t work and that the agency will do what they want anyway.

Don’t accept theses excuses not to help.

We have said before in Proof that public comments work, and it only takes a few minutes, and some keystrokes to make your voice heard.




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Rudy DiGiacinto, passed away at age 50

by on Mar.08, 2013, under Uncategorized

Rudolph “Rudy” DiGiacinto passed away unexpectedly February 20th, 2013.  Rudy was the owner of, a website and legal resource about the history of the right to keep and bear arms.  He was a lifelong outdoorsman, a craftsman with wood and leather, a rifleman, a marksman and a passionate advocate for the right to keep and bear arms.  He was also a very good friend.

I knew Rudy for just over 12 years, we met at a VCDL meeting.  His knowledge of the legalities of firearms ownership and willingness to share it got me interested and involved in activism.  Rudy had instructed Hunter Safety with the Virginia Department of Game and Inland Fisheries and handgun safety with the Piedmont NRA Instructors.  We taught many classes together there.  He was an incredible marksman with practically any firearm he picked up.  Black powder, modern, any type of action, revolver or semi automatic, it just didn’t seem to matter.  But there was one gun that got the better of him and he could never master it:  The M11 submachine gun.

No matter how much trigger time he got, he simply could not control the high rate of fire of a sub gun.  We would periodically remind him of this, calling him “Tree top” because most of his shots from a sub gun would have end up in the trees.  With any other gun though, he would repeatably poke single hole or tiny groups of shots.  He was a profoundly safe and competent gun handler with a very good presence and awareness.  More than once he spotted and corrected unsafe gun handling, keeping us all safe while shooting.

Rudy was a fine craftsman with wood & leather, fashioning several gun belts, holsters, a Brown Bess pattern musket from a kit & a black powder rifle he liked to shoot.  He also liked to take pictures and was fond of photographing Eagles & Ospreys on the Potomac River.

Rudy was politically active and excelled at research.  He unearthed many historical documents, documented a lot of the legal aspects of the right to keep and bear arms and specifically how the courts interpret statutes.  He was helpful in getting the National Park Service to repeal their ban on firearms, doing some of it through Congressman Tom Davis’s office.  Congressman Davis was no strong supporter of the right to keep and bear arms and many scoffed at the notion he would be of any help but Rudy and a few others managed to get Congressman Davis’s office to repeatedly intervene & get movement from DOI.  Rudy filed Amicus briefs in both the Heller & McDonald cases and was working on several more  over the years, including just a week before his passing.

I will always think Rudy first and foremost as a friend who I could count on.

Dave Yates




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Bureau of Land Management suppresses 2nd Amendment for Burning Man

by on Aug.31, 2012, under Uncategorized


Notice is hereby given that under the authority of the Federal Land Policy and Management Act (FLPMA) of 1976, as amended, the Bureau of Land Management (BLM) Winnemucca District, Black Rock Field Office will implement and enforce a temporary closure and temporary restrictions to protect public safety and resources on public lands within and adjacent to the Burning Man event on the Black Rock Desert playa.

L. Weapons

1. The possession of any weapon is prohibited except weapons within motor vehicles passing through the public closure area, without stopping, on the west or east playa roads.Show citation box

2. The discharge of any weapon is prohibited.Show citation box

3. The prohibitions above shall not apply to county, state, tribal, and Federal law enforcement personnel, or any person authorized by Federal law to possess a weapon. “Art projects” that include weapons and are sanctioned by BRC LLC will be permitted after obtaining authorization from the BLM authorized officer.Show citation box

4. Definitions:Show citation box

(a) Weapon means a firearm, compressed gas or spring powered pistol or rifle, bow and arrow, cross bow, blowgun, spear gun, hand-thrown spear, sling shot, irritant gas device, electric stunning or immobilization device, explosive device, any implement designed to expel a projectile, switch-blade knife, any blade which is greater than 10 inches in length from the tip of the blade to the edge of the hilt or finger guard nearest the blade (e.g., swords, dirks, daggers, machetes), or any other weapon the possession of which is prohibited by state law. Exception: The regulation does not apply in a kitchen or cooking environment or where an event worker is wearing or utilizing a construction knife for their duties at the event.Show citation box

(b) Firearm means any pistol, revolver, rifle, shotgun, or other device which is designed to, or may be readily converted to expel a projectile by the ignition of a propellant.Show citation box

(c) Discharge means the expelling of a projectile from a weapon.Show citation box

Any person who violates the above rules and restrictions may be tried before a United States Magistrate and fined no more than $1,000, imprisoned for no more than 12 months, or both. Such violations may also be subject to the enhanced fines provided for at 18 U.S.C. 3571.

Same ridiculous likes perpetuated by the National Park Service, USPS and many other federal bureaucrats about self defense.

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A few points on so called ‘large capacity feeding devices’

by on Aug.08, 2012, under Uncategorized

First things first.  These are not in any way “high capacity” or higher than normal capacity.  Advocates or agenda driven people have tried for years to reclassify what “normal capacity” is down to what are essentially 3 shots in a shotgun, a common fowling restriction, 3-5 shots in a rifle again a common hunting limitation and for anything else, zero.  Nada.  Zilch.  Nothing.  Only a total ban will do.  Of course, Heller threw a wrench in that last one but that hasn’t stopped the police statists from clamoring for new restrictions on your right to defend yourself.  The bottom line is that the “standard” capacity for a 9mm service pistol is 17-19 rounds.  That’s what is commonly available on the market today with what the manufacturers deliver with the guns.  These arms are “in common use” by the American people and a “lower capacity” will serve only to put peoples lives in danger.

The policies of prohibition make the world safe for terrorists, predatory sex criminals and rampage killers.  They are unafraid of being caught and prosecuted, nor are they afraid of unarmed resistance and all but the most hardened terrorists do fear injury or death.  The Colorado theater attack, Mumbai, and the LA bank robbery scene showed that for a protected attacker, a low capacity firearm is not sufficiently effective to stop the threat.  So what the police statists want is to put everyone in mutual danger. Handgun rounds are generally weak and shot placement is key in successfully stopping a threat.  An armored or even heavily clad attacker can require hits to a non-center of exposed mass area in order to stop the threat, but if the attacker is wearing a bullet resistant vest or garment under normal clothing, hits on center mass will not stop the threat but you won’t know this by looking at the attacker.

This guy…  The tactics of these political terrorists show their ultimate goals, and that taking the so called “high road” in a political fight with them will end up in defeat for the takers of the “high road”.  This is not a political fight with rules like boxing, or even hockey.  This is a political WAR in which there is no “unfair”, there is only victory and defeat.  There is no room for 2nd place, honorable mention and the 2nd place finisher in this war will be the first loser.  If crazies like this are talking about this strategy on the police state side, gun owners had better get off their duffs and start doing the same but do it harder.

Really though, the probably the most succinct, simple and yet wise beyond the mere words reason that this time around capacity limits are off the table is so eloquently abbreviated as:  BFYTW

The gun owners need to take note:  Manufacturers, distributors & dealers must not stay silent on this issue.  Any law which requires the manufacturing to change will add cost.  That cost will be borne by gun owners.  Manufacturers got a free pass from gun owners back in 1994 – 2004.  They continued to supply police departments and federal law enforcement agencies with “restricted” aka illegal magazines, passing the cost of lower capacity magazines on to consumers.  There is no legitimate need for a “highly trained”, on duty 24×7 police officer or federal agent to have any more rounds in the magazine than a grandmother defending her home from a burglar or rapist.   We should turn Spitzer’s proposal around and insulate manufacturers who don’t agree with Spitzer’s proposal and will refuse to do business with entities who try stuff like this.  This would be great for the economy, but we need to take it further by insisting that manufacturers, distributors and dealers won’t sell normal capacity feeding devices to anyone but DOD military contracts.  We can call this program “Locaps for me means locaps for thee!”

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