Thursday, September 20, 2018

Internet Sales Tax---Ebay & States Sales Tax

09-13-2018 01:10:45 PM
Last Edited 09-13-2018 01:58:54 PM by  Community Team trinton@ebay
As you may know, the Supreme Court ruled in favor of South Dakota in June 2018,
which removed the requirement that certain retailers have a physical presence in a state in
order for that state to impose sales tax obligations on these retailers.


Some states have extended the tax collection obligation to marketplaces.  We believe this
ruling is unfair to small businesses and will continue to call for greater simplicity. In the
meantime, we’re working to find the best way to support our sellers.


What this means for eBay sellers: Regardless of where you’re physically located, if you sell
to buyers in certain states, those states may require you to collect applicable taxes on your
transactions.


Therefore, based on these new laws, we will calculate, collect, and remit sales tax for orders
 shipped to customers in the following states on the following schedule:


Washington—starting Jan 1, 2019
Pennsylvania— starting July 1, 2019
Oklahoma—starting July 1, 2019

Once we start collecting tax in these states, you do not need to take any action.
There are no extra charges or fees for this service.  Prior to these dates, please continue
 to collect and remit tax in these states and comply with any other applicable requirements
 they impose.


 There are no opt-outs for selling items into the states listed above, or out of eBay
automatically collecting sales tax for items shipped to the states above.

Additional states will likely be added to the above list. Stay informed on the Help pages.
For more information on these new tax requirements, we recommend that you consult with
your tax advisor. If you do not have a tax advisor, we’ve partnered with Avalara and TaxJar
and they will have specific insights into the best course of action for you.


As always, thank you for selling on eBay.

Thursday, August 30, 2018

English Flint Steel Leather Medicine Bags For Sale

22$  Shipped ---You are purchasing one machine stitched medicine style bag which contains one "C" style striker and an English flint flake
Strikers are not hand forged
The bags are various colors from oil tanned to modern dyed finishes


You get the bag of my choice. You may order other bag leather combinations provided the leather is in stock.

Price listed includes shipping and insurance.




General BPBRS bag information:
BPBReloading manufactures these bags they are not a cheap imported knock off.

Your bag or pouch may have slight defects such as a crooked stitch, misshaped flap,odd coloration, different strap materials. Leather used is top quality and from various sources.

Your bag or pouch may have several different leather color valuations & weight.

Most have a gusset see pictures for each item. Belt loops,slots or a strap for carrying.

Closures will be of antler,bone,tooth,brass stud and draw string. Sizes vary from 6x6" to 12x12" see description for exact details. If you looking for a $200.00 bag or pouch with a fancy cartouche these ain't it.

Shipping will be the least expensive way possible. That is usually USPS flat rate.

The sale price reflects all fees, paypal & handling/shipping cost.

BPBReloading has been a licensed FFL for over 30 years & is a solely owned veteran operation.

Price includes shipping within the United States

Thanks for looking

Regards,
blackpowderbill
Licensed FFL dealer
Google plus & YouTube
FaceBook Blackpowderbill
https://blackpowderbill.blogspot.com

Monday, August 20, 2018

Gov. Cuomo No Good News He Just Runs His Pie Hole!

Yep typical liberal rant he inflames the people by continually running his big mouth. His voter base, one would think may stop kissing his ass. Ya know, since he hasn't done a damn thing for New Yorkisstan in 4 years except line the pockets of his crooked supporters.

Jail for all who surrounds him Just like the firmer NY Senator, Sec of State & #Looser2016Hillary & Bill. How the hell can so many people get jailed, loose a job fold a million dollar political group and these 3 scumbags of NY are walking around FREE?

Anywayyalayyoursights

Regards BPB  FFL 30+ years Veteran owned

Here is Budd's article: The Right Side

THE RIGHT SIDE

BY BUDD SCHROEDER

AUGUST 22. 2018


 CUOMO IS WRONG.  AMERICA IS GREAT

                 People have to be careful what they say and to whom they say it.  This is particularly true when it comes to politicians and speeches.  President Donald Trump keeps raising eyebrows and getting unflattering media comments for some of his speeches and Tweets.  It seems to be part of the game.

            Recently, New York Governor Andrew Cuomo made a huge gaff when he tried to denigrate a Trump slogan of “Make America Great Again.”  Cuomo made the comment that America was never great and that started the commentary about how America is great, was great, and will continue to be great.  At least that is the comment shared by patriotic Americans.

            The Cuomo statement is really backfiring at Cuomo and it is ammunition  for the big guns in the conservative movement making Cuomo the perfect target for shots that don’t have to be cheap.  It is difficult to find anything that is perfect and that includes countries and governments, but America is still growing and getting better in spite of the liberal criticisms.

            What makes America great is the people who have created the republic and those who keep trying to improve it.  When the Declaration of Independence was written it was done to separate the colony from a monarchy and it focused on freedom.  The government was created in a manner that there would be no rulers.  It created a government that would be one of laws, not men.

            The Constitution was a written document that affirmed certain rights were created by God and not subject to the whims of rulers.  These rights focused on individual freedoms and so enumerated in the Bill of Rights.  However, there was a big error that was not corrected because of political compromise to get the Constitution passed.  It still allowed the abomination of slavery.

            Even with the declaration that “all men are created equal” was written, it was perverted and slavery lasted for almost another century. It took the efforts of a great President, Abraham Lincoln, and a Civil War to make all people free.  Even then, it took another century to improve on the levels of that freedom.  The war didn’t solve the problem, but it did open the door so there could be a solution.

            That is a factor that makes America great.  It has the means and the will to improve and the freedoms are what helped to create the Industrial Revolution.  Some may call it capitalism, but what it did was to take away the practice in the old country of nobility and serfs.   Here, a person could start a business that could morph into an industry and create wealth and a better life for those who had the intelligence and ambition to work and to create new ways and products.

            During the growth of the country, injustices were inflicted on the Native Americans.  Bluntly, the government stole the land, broke treaties and created reservations that would contain the Indians.  They lived in poverty and under very poor conditions.  It still is not rectified, but it seems that some are making a good living building and running casinos and is an example of how they can catch up on the American Dream.

            That brings up another issue involving Governor Cuomo.  He has created another war with the tribes.  They are not supposed to be taxed, but he disagrees with that and has even allowed competition by building state run casinos.  That isn’t working very well for him, either.

            However, while there is the process and history for improving America, there are also some built in handicaps which we refer to as corruption.  Now, corruption has been a part of civilization since it started.  There seems to be a human failing known as greed and it sometimes takes over the personality of those who are focused on power.  As this column has mentioned several times, politics is not about good government.  It is all about power and money.

            That statement is difficult to argue against.  Truth can be very inconvenient to the overly ambitious politicians.  Fortunately, there are still some people who run for office and are elected who are honest and do the right thing.  In this state, we can call them a minority just by looking at Albany.

            Sure, we make progress.  America has been a leader in helping other countries survive because of our actions, like military intervention where necessary. There were a couple of instances where intervention wasn’t a good idea  but we have helped countries ravaged by natural disasters and wars.  America has been a champion of trying to help others.

            We still keep trying to do that, but even there the problem of corruption raises its ugly head.  It is seen from local governments to the federal level.  The more money available, the more corruption, and New York is an example of the art of “pay for play.”  An Assembly Speaker and a Senate Majority Leader have been convicted for corrupt practices and still have not spent a day in prison.

            This brings us back to Governor Cuomo who has amassed a campaign fund of more than thirty million dollars.  That brings a focus to links between state contracts and donations to his war chest.  This has been going on all during his tenure.  He once initiated the Moreland Commission which he said was to fight corruption in Albany, but ended it under suspicious conditions.

            Now, because of the gubernatorial election looming large, the issues are being brought up, but it would seem that the major media does not give it the attention it deserves.  Andrew Cuomo is definitely a liberal’s liberal and most of the media in the state is controlled by liberals, so the issue is not given the attention it deserves.

            This column will be focusing on corruption and go beyond the disdain Governor Cuomo thinks about the greatness of America.  We will make the effort to bring attention to the inequities of focus on why New York is the highest taxed state in the nation and has more government controls on everyday life than most.

            Stay tuned for more news about why Governor Cuomo thinks America isn’t so great and what the people will have to do to correct his mistake.  It is called election and our right to vote.  The power belongs to the people, but they have to use it.

                                                            -30-

Wednesday, August 15, 2018

States-Government Restrictions on Binary Trigger Systems

Doesn't take long for more firearms part restrictions to be implemented.  Here is the email I received from Williams Shooters Supply from Franklin Armory this morning.  This is what happens when you elect people who "say" they support the 2nd amendment.

To control your state capitol you must elect local politicians that will fight the state mandates.

Regards bpb
FFL 30+ years Veteran owned



Franklin Armory has provided a list of new and upcoming restrictions on Binary Triggers

Please be advised of the following new and possibly upcoming restrictions of products.

Hawaii has been added to the list of prohibited states for BFSIII™ products. All sales of BFSIII™ products to Hawaii are prohibited immediately.

Delaware: Effective immediately, BFSIII™ triggers are sold for use in pistols and non-rifle firearms only. Buffer springs and adjustable gas blocks are sold for use in pistols and non-rifle firearms only.

Florida: As of September 1st Franklin Armory will be re-evaluating the status of the October 1st laws.

Maryland: As of September 1st Franklin Armory will be re-evaluating the status of the October 1st laws.

Connecticut: As of September 1st Franklin Armory will be re-evaluating the status of the October 1st laws.

Vermont: Effective immediately, rifles will now only ship with 10rnd magazines and pistols will only ship with 15rnd magazines

There are numerous legal challenges to many of these restrictive new laws and we will update you if the status of any of these items changes.

Stock up now before restrictions hit your state. BlackPowderBill can provide you with the parts you need prior to yet another firearm part restriction.


Monday, August 13, 2018

Leather Hand Stitched Belt & Possibles Bags

 75$ shipped Brown with Lacing

165$ Shipped Large bag W/ inside dividers




My generic sales pitch:

Prices range from 40$ to 175$ depending on size,leather used,pockets added, loops metal beads bone, laced or sewn & straps.

Small medicine bags most are machine sewn prices range from 4 to 10$ with the upper priced being hand sewn.


You're purchasing one belt bag appx size 6x7" or larger hand sewn with white hemp,waxed linen, artificial sinew,cotton,flax thread.

1 or 2 belt loops on the back for the belt/sash. Shoulder straps can be adjusted either by lacing strap together or rings to desired length.

These bags or pouches are hand stitched using a variety of thread.

BPBReloading manufactures these bags they are not a cheap imported knock off.

The leather ,stitching and finish represent a home made item like would be put together in a frontier home using scrap or re-purposed materials available. Your bag or pouch may ,(will); have slight defects such as a crooked stitch, misshaped flap,odd coloration, different strap materials. Leather used is top quality and from various sources.

Your bag or pouch may have several different leather color valuations & weight.

Most have a gusset see pictures for each item. The gusset will be of leather or woven strap. Belt loops,slots or a adjustable strap for carrying.

Closures will be of antler,bone,tooth,brass stud and draw string. Sizes vary from 6x6" to 12x12" see description for exact details. If you looking for a $200.00 bag or pouch with a fancy cartouche' these ain't it. But I can come close to 200$

Shipping will be the least expensive way possible. That is usually USPS flat rate.

The sale price reflects all auction fees,paypal fee & handling/shipping cost.

BPBReloading has been a licensed FFL for over 30 years & is a solely owned veteran operation.

The fee includes shipping within the United States

Thanks for looking

Regards,

blackpowderbill

Licensed FFL dealer 30+years

Veteran owned

Google+ & YouTube

FaceBook Blackpowderbill

Thursday, August 9, 2018

NY SCOPE News Letter July/August Issue

Shooters Committee for Political Education latest news letter July/ August

It is a pdf format appx 20 pages

Firing Lines 


Regards BPB
Past NYS Director at Large


Sunday, July 29, 2018

BIG TROUBLE LOOMING FOR (ALL) MIGRATORY BIRDS Solar Farms

BIG TROUBLE LOOMING FOR (ALL) MIGRATORY BIRDS


The Migratory Bird Treaty Act of 1918 (MBTA) has been the single most important protection for our incredible migratory bird resources in all of history. It served to implement theMigratory Bird Treaty signed by the U.S. and Great Britain (on behalf of Canada) in 1916. In short, it prevents anyone not otherwise permitted to “at any time, by any means, or in any manner to hunt, take, capture [or] kill” any protected [listed] migratory birds.”But now there are some serious, even dangerously debilitating problems being proposed that will completely disable (if not destroy) the protections offered by this Act.


Those problems can all be boiled down to one word: Reinterpretation.
The Department of Interior (DOI) is proposing to substantially change the legal definition of the single word “take” as it is found in the MBTA. And changing the traditional and venerated meaning of that single word bodes ill if not evil for all of our migratory birds. 

Here is what I am talking about. Almost exactly 100 years ago the Congress passed the earliest and most important conservation law, the MBTA. Among other things it established the Federal Government’s authority to regulate the “take” of birds, including the prohibition against taking certain non-game birds such as eagles, hawks, songbirds and other birds not historically considered to be “game” birds. The language used in that Act was clear, straightforward and enforceable. Specifically it states, “Unless an individual has a valid permit, “it shall be unlawful at any time, by any means, or in any manner” to “hunt, take, capture [or] kill” migratory birds.” Furthermore, it does not discriminate between live or dead birds, and it also protects any bird parts including feathers, eggs, and nests. There are over 800 bird species currently listed. But now there is a big problem. Under a new, precedent setting Department of Interior  Solicitor’s Opinion (dated Dec. 22, 2017), the prohibitions on “take” have been dramatically changed. Taking a protected migratory bird is now limited only to killings when “the actor [is] engaged in an activity the object of which was to render an animal subject to human control.

The single most important activity in the entire MBTA (taking or attempting to take migratory birds), a prohibited activity that has been clear and straightforward for 100 years, is essentially now being limited only to hunters and their activities regarding migratory game birds.In fact this contrived new standard is contrary to every other previous Administration’s interpretation of the law. It is abhorrent for almost countless reasons. Primarily it reduces the MBTA’s effectiveness (or even usefulness) with respect to protecting migratory birds from almost any other (previously illegal) “take” activity.Here is a short list of dangers that already have or will continue to be adversely affecting all migratory birds. Oil spills can occur almost any time and in any place.

The Exxon Valdez grounding and subsequent oil spill in the Prince William Sound is just one good example.

Tens of thousands of protected migratory birds were either killed or severely oil covered in that incident. With the law and regulations in place before this Solicitor’s decision was announced the birds were illegally killed or injured under the “take” provisions of the MBTA and prosecutions against the culprits were successful. But under these new regulations any birds found in a similar situation were never taken at all, and therefore no person, corporation or entity would or could be prosecuted. That is criminal.Oil pits and seeps are another major problem. They are places where crude oil has, for whatever reason, been deposited on the land’s surface. This might be from a leak, a broken pipe, or any of several other causes. To birds in flight these areas look like bodies of water.

The Fish and Wildlife Service (FWS) has, in the past, required these areas to be covered or otherwise subjected to remedial action, and fines have been levied. Under this new definition, every single dead or oil-soaked migratory bird would be an unprotected “thing.”Poison pits are one of my biggest pet peeves. I once spent eleven months investigating and successfully prosecuting a major pesticide company for the unintentional killing of hundreds if not thousands of migrating birds. Here is the official court summary of that case (U.S. vs FMC):“FMC operated a plant which manufactured various pesticides, requiring large amounts of wastewater which was stored in a pond. The pond attracted waterfowl during migration, some of which died. FMC attempted various measures to keep birds away from the pond. But, the Court held that FMC had engaged in an activity involving the manufacture of a highly toxic chemical and had failed to prevent this chemical from escaping into the pond and killing birds. The Court, therefore, held that this was sufficient to impose strict liability on FMC.”Future prosecutions like this would be dead in the (poison) water before they ever got started (pun definitely and sadly intended).High voltage electric likes are a deadly obstacle for migrating birds and local-living eagles, hawks and other birds of prey. In some areas (migratory bird historical migration routes) these lines are utterly deadly, accounting for thousands of deaths every spring and fall.
But once again this new and unwarranted definition would leave those deaths to go unpunished.

Wind turbines, the bane of landscapes in certain areas from the Atlantic to Pacific Oceans and from the Canadian to the Mexican borders, are no doubt one of the two primary reasons for this disgraceful change in the definition of “take” with respect to migratory bird protection. The owners/operators of these windmills have long lamented the fines imposed by the FWS for so many illegal bird deaths. After all, it cuts down on their overly massive profits.
The other probable cause for the definition change are the many solar collection establishments pock-marking our nation (especially in western states). Their immense displays of solar panels kill virtually every bird that has the audacity to fly over them. The workers at these solar firms even have a name for birds dead in the air as they are falling.

“There goes another ‘smoker.’ These operators definitely want to be let of the hook for their killings. Loss of profits, don’t you know.There are many other commercial killers of protected migratory birds, such as commercial fishing operations (set gill-nets kill countless diving birds), that often go unnoticed by most people. But they are still deadly, and they will also be “off the hook” if this new definition of migratory bird take is permitted to remain standing. It essentially reduces the MBTA to nothing more than only a bird hunting statute. The MBTA implements international treaties ratified by the U.S. Senate.


Any Administration action that would affect the MBTA should have been done only after consultation with Canada, Mexico, Russia and Japan, and the U.S. Senate. Instead this Department, or possibly this Administration, has unilaterally decreed that the definition of “take”now refers only to the sport hunting of migratory game birds, and offers no other protections to those same birds or any other migratory birds.In an unprecedented show of solidarity opposing this new interpretation, former career FWS professionals responsible for administering the MBTA joined with former political leaders from FWS and DOI, both Republican and Democrat and representing every Administration dating back to the 1970’s, signed a letter to Secretary Ryan Zinke on January 10, 2018 expressing strong opposition to this ill-conceived limitation of one of America’s most important and effective conservation laws. To date, this coalition of leaders has not received a response to this letter. 

If we want to really continue to protect our migratory bird resources, we cannot accept or condone the DOI’s actions. “The take of birds, eggs or nests occurring as the result of an activity,the purpose of which is not to take birds, eggs or nests, is not prohibited by the MBTA” simply cannot be allowed to become the operational norm of the USFWS.As the MBTA is one of the oldest and most important foundation laws protecting wildlife, the FWS Retirees Association (chair@fwsretirees.org) urges all members (and all other interested persons) to express their concern and objection to this new legal interpretation to both Secretary Zinke and their Members of Congress, both House and Senate.

Len Lisenbee is the Daily Messenger’s Outdoor Columnist.
Contact him at lisenbee@frontiernet .net

Saturday, July 28, 2018

Remington Awarded Army Carbine Contract

Remington Awarded Army Carbine Contract
REM Defense
July 25, 2018
Huntsville, AL ‐ Remington is pleased to announce the recent award of a contract to supply the US Army with Commercial Off The Shelf (COTS) 5.56mm Carbines.

This is the second significant award for 5.56mm carbines to Remington by the US Army on behalf of key international allies. Remington Chief Executive Officer Anthony Acitelli said of the award: "Remington is proud of our continuing contribution to public safety and our nation's national security priorities worldwide. "We look forward to continuing our daily dedication to the design, production, and delivery of the highest quality military and law enforcement products for our public safety officers, warfighters, and allies alike."

Monday, July 23, 2018

SHOULD MARIJUANA BE LEGAL IN NEW YORK?

THE RIGHT SIDE

BY BUDD SCHROEDER
  I'll add legal at the federal level so citizens can retain firearms and other rights otherwise restricted by law.  bpb

Budd is a former NY NRA Director and present SCOPEny.org board member.


JULY 25, 2018

   SHOULD MARIJUANA BE LEGAL IN NEW YORK?


            The questions come up about legalizing marijuana in New York and like many laws it has advocates and detractors.  There are many who believe the benefits of medical marijuana and have stated that they have merit.  It has shown to be helpful for easing pain and can aid in treating illnesses involving seizures. That is a truly positive approach.

            If opiates can be used as treatment for pain, why not the use of marijuana?  Medical experts claim that it is not as addictive as prescription pain pills and has fewer side effects and other disadvantages.  That could be a big plus.

            However, there is the question, often brought up by those in law enforcement, who believe that pot can be an entry drug for the opiates which cause thousands of deaths a year.  Also, many experts say that the smoking of weed is as harmful as tobacco which causes lung and associated diseases.

            There is a question about addiction as well and the controversy goes on.  Tobacco and alcohol are legal and they are addictive, so why not make marijuana legal as well?  Many politicians are on board for passing a law to make it legal.  They quote the economic benefits to the state because it can generate money in sales and other taxes.  That is a huge Albany motive.

            It appears that Governor Cuomo is giving serious consideration to making it legal.  After all, Canada has legalized it for recreational purposes, so why discriminate against New Yorkers who want to smoke a joint to relax and forget about reality for a little while?

            Like any argument with at least two sides, this one has several.  For one thing, it does affect the thinking process and those who use it to excess, like with drunkards and alcohol, it can have severe consequences.  The big question that pops to the front is what effect can it have if a person is high on the drug and decides to drive his car.  We really don’t need more impaired drivers on our highways.

            Many deaths are caused by drivers distracted by using cell phones because it takes their minds off the need to be constantly alert when on the road.  The chemicals in alcohol and drugs also cause major distractions and negative impacts on judgements and reflexes. Having the use of additional mind altering drugs can cause hundreds of more vehicle deaths.  Is it worth the risk? 

            It probably would be an excellent idea to do complete studies on the states that have legalized pot and sell it with the government restrictions and ability to increase the tax flow.  Do positive economic advantages overcome the negative results of drug legalization?

            Looking past the economic advantages for government spending because of increased revenue, it should also consider the financial costs of the potential down side.  First question would be to determine if it really leads to the use of opiates and other illegal drugs.  Does the buzz of pot prime the desire to try something stronger?

            Is it addictive in itself or lead to other drug addictions.  Treatment for any addiction like alcohol or currently illegal drugs is a big drain on society.  The current answer is “education and treatment.”  Both can be expensive and obviously has limits on effectiveness.  How many people go into rehab and then go back to the habit?  It would appear that the success rate is relatively low.

            Can we afford the cost of property damage and medical bills caused by the impaired driver’s desire for a little chemical “recreation?”   Those in favor of the legalization can claim that only a small percentage of drinkers and drug users will cause the problems.  How many of the negatives ae we willing to accept?

            Perhaps the argument could be to make higher penalties for those who break the law. Would it be enough discouragement to cause more people to drive sober?  For example, if a person gets a felony DWI, he is unable to purchase or own a firearm for the rest of his life even if a gun was not involved with the arrest.

            Usually after a period of time, the privilege of driving and owning a car can be reinstated.  How about increasing the penalty of a felony DWI or DUI to cause the person to never be able to get a driver’s license to own a vehicle?

Doesn’t that make more sense?

            Speaking of drugs and guns, nobody has any objections to criminals who sell, make or use illegal drugs becoming felons and losing Second Amendment rights.  Criminals don’t deserve to be gun owners.

            However when a person goes through a background check, the form 4473 asks “Are you an unlawful user or addicted to marijuana or other…( illegal drug)?’’

At the end of the end of the question it states.  “The use and possession of marijuana remains unlawful under federal law regardless of whether it has been legalized or decriminalized for medical or recreational purposes in the state where you reside.”

            Medical marijuana users in New York may not legally purchase or possess firearms.  It is highly possible if a person goes to Canada, smokes a joint, is stopped at the border and charged with using marijuana, they can have their guns confiscated and never be able to own one again under the federal law.

            This would make governor Cuomo very happy to have yet another reason to confiscate a citizen’s guns.  We could expect him to be happy to sign that law.  It would be a pleasure for him to be “tough on gun laws.”  It might even be a campaign promise.

                                                            -30-

Tuesday, July 17, 2018

NICS Retailer Day

Maybe a few of the anti firearm politicians will attend and learn how the process actually works instead of blowing smoke how lax the firearms business is. 
  Better yet lets run politicians names through NICS and see who qualifies to posses a firearm. LOL
Regards BPB  Licensed FFL 30+ years Veteran owned


Good Afternoon,
The FBI Criminal Justice Information Services (CJIS) Division’s National Instant Criminal Background Check System (NICS) Section is happy to announce our annual NICS Retailer Day.  This year’s event will consist of two separate days, Monday, September 17, 2018 and Tuesday, September 18, 2018, in Kansas City, Missouri, at Bass Pro located at 18001 Bass Pro Drive, Independence, MO 64055.
Topics to be discussed include but are not limited to:
·         A demonstration of a NICS background check being processed, including eligibility determinations.
·         A presentation to discuss the unique situation experienced by both the NICS Section and the firearms industry in recent years, and what we have done to manage and mitigate a relentless wave of increased volume and demand.
·         Immigrant and nonimmigrant information as related to the receipt or possession of a firearm.
·         Updates provided by the Bureau of Alcohol, Tobacco, Firearms and Explosives.
·         Information about the NICS E-Check.
Due to the size of the venue, seating each day will be first come, first serve and will be limited to 80 seats.  The material being covered on each day will be the same; therefore, attendees are only permitted to attend one day.  Make your reservation(s) today by sending an e–mail to <NICS_EVENTS@FBI.GOV> with the names of all the attendees in your group, the best call back number, which date you will be attending, and your Federal Firearms License (FFL) number.  Registration will close on September 7, 2018.  This event is only open to FFLs and their employees.
               

We look forward to seeing you there!
The NICS Business Unit  

Friday, May 18, 2018

New Trump Regs Would Alleviate Registration Costs for Gunsmiths, FFLs

New Trump Regs Would Alleviate Registration Costs for Gunsmiths, FFLs


President Donald Trump (Photo: Twitter)
A new proposed regulation announced this week by the Department of State could alleviate the massive annual registration fee that has for years kept small gunsmiths and FFLs out of business.

The regulatory amendment would transfer defense articles to the jurisdiction of the Department of Commerce if they are not inherently for military end use and are widely available in retail outlets. The change would remove the annual $2,250 fee required by the Department of State’s Directorate of Defense Trade Control (DDTC), which the Obama administration imposed on gunsmiths who “manufacture” firearms and ammunition.

In 2012 the Obama administration stepped up enforcement of a regulation that required firearm and ammunition manufacturers to register with the DDTC under the International Traffic in Arms Regulations (ITAR). Because they said that even small gunsmiths engage in activities that are regulated under the ITAR. Many of these small shops closed down because they couldn’t afford the annual registration fee along with compliance costs.

Now the Trump administration’s Department of State is looking to revise these regulations by transferring items currently listed in the United States Munitions List and controlled by the ITAR to the Export Administration Regulations (EAR), which is controlled by the Department of Commerce. These items include non-automatic and semi-automatic firearms and ammunition, as well as their related parts and services. This is good news for gunsmiths because the Department of Commerce does not impose a registration requirement for the manufacture of controlled items and there is no annual fee.

SEE ALSO: GOP Lawmakers Pen Letter to Stop ITAR Gun Control Targeting Gunsmiths

Fully automatic weapons will remain under the ITAR, but so will suppressors, suppressor parts, and any related services. Magazines that have a capacity in excess of 50 rounds will also remain on the list, and companies that manufacture these accessories will be required to register under the ITAR.

The decision to retain these items in the USML seems to contradict the Department of State’s stated goal to “revise the U.S. Munitions List so that its scope is limited to those defense articles that provide the United States with a critical military or intelligence advantage or, in the case of weapons, are inherently for military end use.”

Suppressors and 50+ round magazines are not inherently for military use and are widely available in commercial retail stores throughout the United States. It is unclear why the Department of State would deregulate semi-automatic firearms but retain the burdensome registration fee for companies that manufacture suppressors and high-capacity magazines.

Interested parties may submit comments on the new regs by emailing: DDTCPublicComments@state.gov with the subject line, “ITAR Amendment – Categories I, II, and III.”

Monday, May 7, 2018

WHAT IS FAIR IN THE JUSTICE SYSTEM? by Budd Schroeder

THE RIGHT SIDE

BY BUDD SCHROEDER

MAY 9, 2018



                         WHAT IS FAIR IN THE JUSTICE SYSTEM?



            It is an old saying that our system of justice isn’t perfect, but it is better than any other.  Some have said that there are different levels of justice and that “equal protection under the law” is not a reality.  There are many opinions on both sides of the arguments.

          We have often said that politics is all about power and money and it would be easy to place the same accusation about the current system of justice.  This columnist is not a lawyer, so the commentary is strictly an opinion based on observation and evidence.

          The laws in the United States are complex and there are many of them.  The law libraries are filled with volumes of laws and decisions of trials to determine what is possible to accuse and how to defend against those charges.  The more complex the laws, the more opportunities for abuse!

          The average person has no idea of what most of the laws are and how they are enforced, but in spite of the fact that lawyers, and even judges, need to research laws in many cases, for the average Joe, ignorance of the law is no excuse.

          A Russian member of the KGB was once quoted as saying; “show me the person, and I will find a law to convict him.”  That seems to hold true even in America.  We are watching how the complexities of the laws and the creative ways that power brokers use them, and that would confirm what the Russian said.

          Going back to the level of perception of the laws, there is much controversy on enforcement of the laws.  For decades, African Americans have claimed discrimination when it comes to law enforcement and how it appears to have a different standard involving them.

          They talk about the arrests for “driving while black” and being stopped when they haven’t committed any violations, at least no violations, from their perspective.  They claim that sentences for black people are more severe than for Caucasians convicted for the same crimes.

          The laws also seem to favor the rich because they can hire the best lawyers.  The case of O. J. Simpson would give credence to that opinion.  Money is a big advantage when accused of a crime.

          We are watching how the law can be used as a weapon when it comes to the bureaucrats and political operatives when they are on a quest to destroy President Donald Trump.  What started as an investigation regarding collusion in the last election has turned into what many are now calling a “witch hunt.”

          The laws are being used as a punishment without a crime.  A local political operative has been vocal about how this has destroyed his life and his family.  He has not been charged with any crime, but has been brought before the authorities as a witness for the “witch hunt.”

          Anyone in that position should not agree to the questioning without hiring the services of a good attorney.  However, the gentleman has gone broke with legal fees to the tune of about $125,000 without figuring time lost from work and transportation costs to DC to appear before the panel.

          He has managed to get some support from citizens in “Go Fund Me” to recoup some of his losses, but many don’t have that kind of support for their losses.

          When the bureaucracy or government calls for a witness or arrests a person accused of a crime, they are allowed to lie to extract information.  Their lies are perfectly legal, but if the accused or witness lies to them, there can be charges of perjury which are difficult to deny or defend.

          The odds greatly favor the government and it seems that every year, the legislators keep adding more laws that give the government more authority and takes more freedoms away from the citizens.

          The issue of money is truly important when discussing the disparity of “equality” when it comes to legal proceedings.  In New York, corruption cases draw special attention.  Perhaps it is because in Albany, many consider it to be “business as usual” and the politicians have to really foul up before getting caught.

          A couple of years ago two of the most powerful men in Albany, Sheldon Silver and Dean Skelos were tried and convicted for corruption.  They were sentenced to jail terms, but a decision involving a Virginia politician made it possible for the convicted criminals to have a new trial.

          A decision made by a judge in another state was enough for a team of sharp lawyers to delay the prison sentence.  Hopefully, for the citizens of the state, the accused will be reconvicted and the sentence carried out.  Even if serving time, the politicians will still receive their generous pensions.  When politicians make laws, they really know how to take care of themselves.

          So, in the last couple of years the citizens have seen the abuses of the system and that an accusation can have as much punishment, at least financially, as a conviction.  It takes years to get a federal case heard which makes a mockery of “justice delayed is justice denied.”

          However, during the delays, he lawyers are still getting “billable hours” and the accused are trying to figure out how to pay them.  If you don’t have the money to pay, you don't get the necessary representation.

          That is where the slogan of “we have the best laws that money can buy’ is said.  The better the lawyer, the better the chance of winning!    The less fortunate, without large resources, usually have to settle for a plea deal or face a maximum punishment.

          Like in government, money doesn’t just talk.  It yells!  Unless the voters start screaming for better government and if the laws are not changed, they have to change the lawmakers.  This is a good year and opportunity to do that.  More ideas to follow.

                                      -30-

Friday, May 4, 2018

NRA Insurance Scuttled by NY Regulators

More BS~ 

NRA-Branded Insurance Program Is Unlawful, New York Regulators Say

Lockton fined $7 Million by Department of Financial Services
Company said in February it would end NRA brokerage service
A National Rifle Association-branded insurance program unlawfully provided liability coverage to gun owners in the event they were charged with a crime involving their firearms, according to New York state regulators.
Lockton Cos., which administered the insurance, and an affiliate were fined $7 million by New York’s Department of Financial Services and will no longer participate in the NRA’s “Carry Guard” program in the state of New York, the agency said in a statement Wednesday.
Lockton said it will continue to cooperate with regulators. The company announced after the Parkland, Florida, school shooting in February that it would stop providing brokerage services for all NRA-endorsed insurance programs.
“It is our responsibility to ensure we are fully compliant,” company spokesman Dean Davison said in an emailed statement. “We believe this settlement is the best way to resolve these issues.” 
The NRA acted appropriately at all times and relied on Lockton and its assurances that the program complied with state regulations, according to William Brewer, a lawyer for the NRA.
Firearms Insurance
The group advertises Carry Guard as the nation’s “most complete self-defense membership program” on its website, referring to Lockton’s plan as “comprehensive personal firearms liability insurance.” Regulators said the insurance unlawfully offered protection for certain acts of intentional wrongdoing and improperly provided coverage for acts of self defense. Gun control advocates have criticized the program, referring to it as “murder insurance.”
Lockton issued 680 Carry Guard policies to New York residents between April and November of last year, the DFS determined. Between 2000 and March 2018, Lockton and the NRA offered at least 11 other insurance programs. The company collected $12 million in premiums and $785,460 in administrative fees related to these programs during that time, according to the DFS. 
An investigation by the DFS found the program was actively advertised in New York by the NRA both online and through traditional mail. The firearms lobby doesn’t have a license to conduct insurance business in New York, according to the DFS, which oversees insurers and banks chartered in the state.
“Today’s action is part of the Department’s continuing investigation into this matter to uphold and preserve the integrity of New York law,” Financial Services Superintendent Maria Vullo said in the DFS statement.  
The NRA said it will continue to cooperate with DFS.

U.S. judge approves gun maker Remington's bankruptcy plan
NEW YORK (Reuters) - Weapons manufacturer Remington Outdoor Company Inc won approval for its bankruptcy plan on Wednesday, paving the way for the company to slash debt, boost its cash position and better weather the uncertain climate for firearms in the United States.
Remington filed for bankruptcy in March with a deal in hand to cut its debt by about $775 million, a little more than one month after a school shooting in Parkland, Florida.
The shooting sparked protests and a wave of retailers and corporations to limit sales and transactions relating to firearms. Mass discounter Walmart Inc (WMT.N), which Remington is reliant on for sales, said it would stop selling guns to people under 21 years old.
Remington will exit bankruptcy as soon as this month, with some of its creditors, including JPMorgan Chase & Co(JPM.N) and Franklin Advisors, taking ownership stakes in the company in exchange for forgiving debt. Cerberus Capital Management L.P., Remington’s current private equity owner, will give up its equity in the restructuring.
The company confirmed in a statement that its expects to emerge from bankruptcy before the end of May.
Remington will then have a new Asset Based Loan (ABL) facility of $193 million, the proceeds of which will refinance the existing ABL facility in full.
“I’m satisfied there’s sufficient creditor support to win confirmation,” Judge Brendan Shannon said in U.S. Bankruptcy Court for the District of Delaware. Remington filed a so-called pre-packaged bankruptcy, meaning it had largely won the support of its creditors before it filed in court.
WMT.NNEW YORK STOCK EXCHANGE
-0.72(-0.83%)
WMT.N
·         WMT.N
·         JPM.N
Remington’s creditor committee, composed of a representative for its pension and plaintiffs in cases against the company for gun injuries and deaths, supported the bankruptcy plan, an attorney for the group told Shannon.
“I want to especially thank our dedicated employees spread across the United States that have remained focused on Remington throughout this process” said Chief Executive Anthony Acitelli.
The company’s bankruptcy plan allows for lawsuits against it to continue, including one filed by the families of the victims of the Sandy Hook, Connecticut, school shooting. One of its rifles was used in the 2012 shooting.
Gun sales fell after President Donald Trump was elected because firearm enthusiasts were no longer worried about increased regulation. That dynamic led in part to Remington’s bankruptcy filing.

Wednesday, April 18, 2018

Face Book page of BlackPowderBill's Reloading

BlackPowderBill Face Book Page

I have been posting items for sale on my FB page. Sure beats paying auction listing fees.

So now you can check out daily listings as well as BPBReloading GunBroker & Ebay pages.

If you local to the Athens Ga area I have been stocking a few cartridges at the Section 8 Armament gun/fabrication shop on RT 29 just south of Danielsville ,GA.

Stop in and see Johnny and BPB

 
 
 
 
 
 
 
 
http://lzfriendly.org/

Sunday, April 15, 2018

CVA Kentucky Pistol 50 cal Percussion Never Fired! SOLD

SOLD on it's way to Cincinnati.
  Thanks PoBoy
 That is correct like new a few handling marks otherwise in 98% condition

 $150.00 plus 18$ shipping Local sales OK save on shipping. I also have the supplies to get you up and shooting.
 Shooting supplies will cost an approximate $100.00 extra.

No trades or price reductions accepted.  Money order or cash payment

Thanks for looking
Regards,
BPB








Saturday, March 31, 2018

For Sale CVA Plainsman 50 cal Rifle Never Fired

SOLD That's correct! This came in last week and is in like new condition. A few handling marks other wise in factory new condition.

Percussion
50 cal
Single trigger
$200 shipped
Patches,Round Ball,Capper extra $$







Tuesday, March 13, 2018

Monday, March 5, 2018

The Right Side by Budd Schroeder Commentary on Banning Guns

THE RIGHT SIDE

BY BUDD SCHROEDER

March 7, 2018



             A COMMENTARY ON THE BANNING OF GUNS



            The battle continues as the sides line up in the gun control debate.  This column is based on the experience of a Second Amendment advocate with more than fifty years of experience of research and practical application regarding the constitutional right to keep and bear arms.

            The Second Amendment clearly states that “A well regulated militia, being necessary for the security of a free state, the right of the people to keep and bear Arms, shall not be infringed.”  That should be pretty clear, but it has been argued by the intellectuals for decades.

            Some had said that the well regulated militia meant something like the National Guard.  But would the Founding Fathers believe that the Constitution would have a provision that gave the military the right to possess guns?  That interpretation is just plain stupid.

            It took the Heller Decision by the Supreme Court to clarify that this right was to guarantee the individual citizen was the one protected by this right. Several of the quotes by the same patriots who wrote the Constitution affirmed that the right was given to the individuals to protect themselves in case the government attempted to destroy the Constitution.

            It was so important that the framers of Constitution placed it in the Second Amendment right after the right of free speech, freedom of the press, freedom of religion, right of peaceable assembly and the right to petition the government for grievances.

            Now, we see that there is controversy of some of the provisions of the First Amendment by people who question and even protest expressions relating to the freedom of religion.  The controversy on this issue can be heated and like the controversy on the Second Amendment relies more on emotional rants than discussions based on logic.

            Every time there is a mass shooting, the anti-gun crowd calls for a banning of certain kinds of guns.  Decades ago, there was the outcry to ban the Saturday Night Special.  |This was described as a small short barreled handgun that was relatively cheap to buy.  It was an issue for decades before reason prevailed.

            The next attack was for the “plastic gun” that the anti-gun dimwits claimed could defeat the metal detectors in buildings and airports.  That finally got straightened out and that the “plastic gun” is widely used by many police agencies, and, yes, it is detectible by the metal detectors. Stupidity still is used in arguments against logic on gun control.

            The mass murder at a school in Florida has spurred another attack on firearms.  It followed a school mass murder in Sandy Hook CT half a decade ago and that involved the outcry to ban “assault weapons.”  This is a misnomer by the anti-gun fanatics and it does appeal to those who are unfamiliar with firearms as well as the weak minded who are easily swayed by rhetoric.

            An assault weapon, by definition, is a rifle that has a selector switch which can convert a semi-auto rifle into a machine gun.  A semi-automatic firearm requires the trigger to be pulled for every shot fired, just like a double action revolver, but the liberal leftists enjoy the confusion and keep up the facade.

            For all practical purposes, machine guns were outlawed in 1934 and are strictly controlled by federal law and are already banned in some states.  That is where the confusion benefits the gun banners.  However, they used the definitions for banning their “assault weapons.” by cosmetic features like having a bayonet lug on the barrel.  We seldom see any news articles about a homicide of a person who was bayoneted

            Other features that cause a semi-automatic rifle to be banned are folding stocks, barrel shrouds and stocks with a pistol grip or thumbhole.  Having a flash suppressor or even a threaded barrel can put a gun on the list.  Along with those bans, there is the ban on magazines that will hold more than ten rounds.  In New York, a person can get a seven year sentence in prison for possession of one, even if he doesn’t have a gun to put it in.

            It is truly a tragedy when a large number of innocent children are murdered and society always looks for blame and a solution.  It is a fact that more than ninety percent of all mass murders are committed in “gun free zones.”  It is like believing that a person who is determined to kill people will obey a sign telling him he can’t bring a gun to the facility because it is illegal to do so.

            The two school shootings were committed by evil people with mental problems.  The current one was caused by a person who should not have been able to legally purchase the gun he used.  Federal law forbids the sale of firearms to anyone who is a felon, mental defective, user of class one drugs, has a history of domestic violence and other restrictions.  Even those who are prescribed medical marijuana are now forbidden to possess a firearm.

            Nikolas Cruz, the latest alleged killer had several run ins with the law and even was reported to the FBI as a dangerous person.  The Broward County Sheriff, local police agencies and the FBI should have reported him to the NICS system. It would have prohibited him from legally buying any gun..  That was the real reason he was able to commit the murders.  Had they done their job properly, he couldn’t have legally bought any kind of gun.

            The anti-gun group really wants to ban all guns.  They say they don’t, but it is difficult to believe them when the typical response to having a gun control bill passed is “this is a good first step.”  Honest gun owners fear they are in danger of eventual confiscation.  It is difficult to convince them otherwise.

            Those who approve of the banning and confiscation of guns keep saying the problem causing the mass murders is that there are too many guns in the country.  Think about this.  Almost all the mass murders are committed in gun free zones.  Have you ever heard of a mass shooting at a gun club?  Even a crazy person isn’t stupid enough to try that.  This is a point to ponder.

                                                            -30-

Saturday, March 3, 2018

As the box stores flee the firearms owners BPB will take your business!

Reloading Supplies FFL 30+ yrs Veteran owned will be more than happy to fill you ammo /firearm/REI/Wal-Mart/Dicks orders & all future purchases. This isn't the 1st time retail outlets have held the 2nd amendment hostage with boycotts, lets make it the last time.

Contact me via email or call On FaceBook,Google+

Regards Bill

Thursday, February 22, 2018

Sheriff's Say Gun Wars Civil War Before Gun Confiscations

Maryland Sheriff Says It Will Be CIVIL WAR Before Gun Confiscation
Some sheriffs protest gun restrictions; others refuse to enforce the laws
By Marlena Chertock, Emilie Eaton, Jacy Marmaduke and Sydney Stavinoha
NEWS 21

Sheriff Mike Lewis considers himself the last man standing for the people of Wicomico County.

“State police and highway patrol get their orders from the governor,” the Maryland sheriff said. “I get my orders from the citizens in this county.”

With more states passing stronger gun control laws, rural sheriffs across the country are taking the meaning of their age-old role as defenders of the Constitution to a new level by protesting such restrictions, News21 found.

Some are refusing to enforce the laws altogether.

Sheriffs in states like New York, Colorado and Maryland argue that some gun control laws defy the Second Amendment and threaten rural culture, for which gun ownership is often an integral component.

They’re joined by groups like Oath Keepers and the Constitutional Sheriffs and Peace Officers Association, both of which encourage law enforcement officers to take a stand against gun control laws.

“It’s not (the judge’s) job to tell me what I can and can’t enforce,” – Weld County, Colo. Sheriff John Cooke

Lewis and some other sheriffs across the nation, most of them elected by residents of their counties, say their role puts them in the foremost position to stand up to gun laws they consider unconstitutional.

“The role of a sheriff is to be the interposer between the law and the citizen,” said Maryland Delegate Don Dwyer, an Anne Arundel County Republican. “He should stand between the government and citizen in every issue pertaining to the law.”

While the position of sheriff is not found in the U.S. Constitution, it is listed in state constitutions: Article XIV of Colorado’s, Article XV of Delaware’s, Part VII of Maryland’s and Article XIII of New York’s. Nearly all of America’s 3,080 sheriffs are elected to their positions, whereas most state and city police top commanders are appointed.

Upstate New York sheriffs don’t understand why the state passed the
SAFE Act when, as they see it, the only place with a gun problem is
New York City. The governor signed the act last year in response to
the 2012 Sandy Hook Elementary School shooting.
When Lewis was president of the Maryland Sheriffs’ Association, he testified with other sheriffs against the state’s Firearms Safety Act(FSA) before it was enacted in 2013. One of the strictest gun laws in the nation, the act requires gun applicants to supply fingerprints and complete training to obtain a handgun license online. It bans 45 types of firearms, limits magazines to 10 rounds and outlaws gun ownership for people who have been involuntarily committed to a mental health facility.

After Lewis opposed the FSA, he said he was inundated with emails, handwritten letters, phone calls and visits from people thanking him for standing up for gun rights. He keeps a stuffed binder in his office with the laminated notes.

“I knew this was a local issue, but I also knew it had serious ramifications on the U.S. Constitution, specifically for our Second Amendment right,” said Lewis, one of 24 sheriffs in the state. “It ignited fire among sheriffs throughout the state. Those in the rural areas all felt the way I did.”

In New York, the state sheriff’s association has publicly decried portions of the SAFE Act, legislation that broadened the definition of a banned assault weapon, outlawed magazines holding more than 10 rounds and created harsher punishments for anyone who kills a first-responder in the line of duty. The act was intended to establish background checks for ammunition sales, although that provision hasn’t taken effect.

A handful of the state’s 62 sheriffs have vowed not to enforce the high-capacity magazine and assault-weapon bans. One of the most vocal is Sheriff Tony Desmond of Schoharie County, population 32,000. He believes his refusal to enforce the SAFE Act won him re-election in 2013.

“If you have an (assault) weapon, which under the SAFE Act is considered illegal, I don’t look at it as being illegal just because someone said it was,” he said.

Desmond’s deputies haven’t made a single arrest related to the SAFE Act. Neither has the office of Sheriff Paul Van Blarcum of Ulster County. Van Blarcum said it’s not his job to interpret the Constitution, so he’ll enforce the law. But he said police should use discretion when enforcing the SAFE Act and determining whether to make arrests, as they do when administering tickets.

In Otsego County, New York, population 62,000, Sheriff Richard Devlin takes a similar approach. He enforces the SAFE Act but doesn’t make it a priority.

Wicomico County Sheriff Mike Lewis is taking a strong stance against
potential limits to Maryland citizens’ Second Amendment rights.
“I feel as an elected official and a chief law enforcement officer of the county it would be irresponsible for me to say, ‘I’m not going to enforce a law I personally disagree with,’” he said. “If someone uses a firearm in commission of a crime, I’m going to charge you with everything I have, including the SAFE Act. I won’t do anything as far as confiscating weapons. We’re not checking out registrations. People that are lawfully using a firearm for target shooting, we’re not bothering those people.”

Colorado made national headlines when 55 of the state’s 62 sheriffs attempted to sign on as plaintiffs in a lawsuit challenging the constitutionality of several 2013 gun control bills in the state. The most-controversial measures banned magazines of more than 15 rounds and established background checks for private gun sales.

Weld County Sheriff John Cooke sits in his office in Greeley, Colo., on June 6, 2014. Cooke was the lead plaintiff in a lawsuit against the governor when the state legislature passed gun control laws in 2013. Cooke says the new laws are unenforceable and unconstitutional. (Photo by Morgan Spiehs/News 21)
A federal judge said the sheriffs couldn’t sue as elected officials, so Weld County Sheriff John Cooke and eight other sheriffs sued as private citizens. Cooke was the lead plaintiff in the lawsuit, which a federal district judge threw out in June. He and the other plaintiffs are preparing an appeal.

“It’s not (the judge’s) job to tell me what I can and can’t enforce,” Cooke said. “I’m still the one that has to say where do I put my priorities and resources? And it’s not going to be there.”

Cooke has won fans with his opposition. He, like Maryland’s Sheriff Lewis, keeps a novel-thick stack of praise and thank-you notes in his office. He’ll run for a Colorado Senate seat in November and is endorsed by the state’s major gun lobby, Rocky Mountain Gun Owners.

Lewis, who is running for re-election this year, said sheriffs have a responsibility to push against what he sees as the federal government’s continual encroachment on citizens’ lives and rights.

“Where do we draw a line?” he asked. “I made a vow and a commitment that as long as I’m the sheriff of this county I will not allow the federal government to come in here and strip my law-abiding citizens of the right to bear arms. If they attempt to do that it will be an all-out civil war. Because I will stand toe-to-toe with my people.”

But Brian Frosh, a Maryland state senator and an FSA sponsor and gun-control advocate of Montgomery County, said Lewis’ understanding of a sheriff’s role is flawed.

“If you are a sheriff in Maryland you must take an oath to uphold the law and the Constitution,” said Frosh, now the Democratic nominee for Maryland attorney general. “You can’t be selective. It’s not up to a sheriff to decide what’s constitutional and what isn’t. That’s what our courts are for.”

Bronx County, New York, Sen. Jeffrey Klein, who co-sponsored the SAFE Act, agreed that sheriffs who refuse to enforce laws they disagree with are acting out of turn. Constitutional sheriffs are not lawyers or judges, Frosh said, which means they are following their convictions instead of the Constitution.

“We had lots of people come in (to testify against the bill) and without any basis say, ‘This violates the Second Amendment,’” Frosh said. “They can cite the Second Amendment, but they couldn’t explain why this violates it. And the simple fact is it does not. There is a provision of our Constitution that gives people rights with respect to firearms, but it’s not as expansive as many of these people think.”

But sheriffs have the power to nullify, or ignore, a law if it is unconstitutional, Maryland Delegate Dwyer said. He said James Madison referred to nullification as the rightful remedy for the Constitution.

“The sheriffs coming to testify on the bill understood the issue enough and were brave enough to come to Annapolis and make the bold stand that on their watch, in their county, they would not enforce these laws even if they passed,” said Dwyer, who has recognized the sheriffs for their courage. “That is the true role and responsibility of what the sheriff is.”

Rural versus Urban Divide
Some rural sheriffs argue that gun control laws are more than just unconstitutional — they’re unnecessary and irrelevant. In towns and villages where passers-by stop to greet deputies and call local law enforcement to ask for help complying with gun laws, they say, firearms are less associated with crime than they are with a hunting and shooting culture that dates back to when the communities were founded.

Edward Amelio, a deputy in Lewis County, New York, shares that sentiment. There’s no normal day for Amelio, who has patrolled the 27,000-person county for eight years. But he usually responds to domestic disputes, burglaries and car accidents. That’s why he considers the SAFE Act unnecessary.

“We issue orders of protection and some contain a clause the judge puts in there saying a person’s guns are to be confiscated,” Amelio said. “That’s mostly when we deal with guns.”

Zachary Reinhart, a deputy sheriff in Schoharie County, New York, said he responds to a wide variety of calls, too.

“Our calls range from accidental 911 dials to domestic disputes to bar fights,” he said. “You can’t really typify a day at the Schoharie County Sheriff’s Office. It’s all pretty helter-skelter.”

Violent crime also isn’t common in Wicomico County, Maryland, where Lewis is sheriff. He receives daily shooting reports from the Maryland Coordination and Analysis Center, which are not available for public disclosure.

“You always see ‘nothing to report’ in the eastern region, in the southern region, in the northern region, in the western region,” Lewis said. “But the Baltimore central region? Homicide after homicide after homicide.”

Even though there are few gun crimes in rural areas, Sheriff Michael Carpinelli in Lewis County argues that people need guns for self-defense.

“People rely on the police in an urban environment to come and protect you all the time,” he said. “People who live in a rural area also rely upon the police, but they realize that they live further out from those resources and that they may have to take action themselves.”

Duke law professor Joseph Blocher said gun culture has varied in urban and rural areas for centuries.

“It has long been the case that gun use and ownership and gun culture are concentrated in rural areas, whereas support for gun control and efforts to curb gun violence are concentrated in urban areas,” he said. “In the last couple decades we’ve moved away from that towards a more-centralized gun control.”

“When I was five years old, my grandmother was raped, and I was with her when it happened. I remember getting on the telephone and dialing the operator and saying, ‘I need the police.’ And I couldn’t tell her where, and I couldn’t tell her for who, and I was told to hang up and don’t play pranks. At five years old, what do you do? You don’t know. A neighbor had heard my grandmother screaming and took up his shotgun and ran to the woods and held the person at bay that was raping my grandmother. I think that’s probably what made me want to become a police officer. I didn’t want to see that happen to anybody else.” —Sheriff Michael Carpinelli, Lewis County, N.Y.  (Photo by Emilie Eaton/News21)
Lewis bemoaned lawmakers who craft gun-control legislation but are ignorant about guns. “They have no idea between a long gun and a handgun,” he said. “Many of them admittedly have never fired a weapon in their lives.”

But Klein, the Bronx County senator, said he does understand the gun and hunting culture in upstate New York.

“Growing up, my father was in the military,” Klein said. “When I was younger, I had a .22-caliber gun. In the past, I’ve gone pheasant hunting, quail hunting. It’s great,” he said. “I mean, there’s nothing that we do in Albany, especially with the SAFE Act, that in any way takes away someone’s right to own a gun for hunting purposes.”

Oath Keepers and CSPOA
If former Arizona sheriff Richard Mack had it his way, there wouldn’t be a single gun control law in the U.S.

“I studied what the Founding Fathers meant about the Second Amendment, the right to keep and bear arms, and the conclusion is inescapable,” said Mack, the founder of the Constitutional Sheriffs and Peace Officers Association (CSPOA). “There’s no way around it. Gun control in America is against the law.”

“The people here they are like the original rebels that rebelled against England. They’re strong in their thoughts. They will protect themselves, protect their families and they cherish and respect their freedoms. One of the biggest freedoms that they have is the right to keep and bear arms.” —Sheriff Tony Desmond, Schoharie County, N.Y.  (Photo by Emilie Eaton/News21)
He knows his no-compromise stance has cost him and the CSPOA the support of some sheriffs and law enforcement organizations around the country. And it’s resulted in civil rights agencies labeling CSPOA an anti-government “patriot group.”

But Mack, the former sheriff in eastern Arizona’s rural Graham County, is not letting up. His conviction is central to the ideology of CSPOA, which he founded in 2011 to “unite all public servants and sheriffs, to keep their word to uphold, defend, protect, preserve and obey” the Constitution, according to his introduction letter on the association’s website.

CSPOA also has ties to Oath Keepers, an organization founded in 2009 with a similar goal to unite veterans, law enforcement officers and first-responders who pledge to keep their oath to “defend the Constitution against all enemies, foreign and domestic.” Mack serves on the Oath Keepers Board of Directors.

“I’m very proud that the people have put me into this office. As I said, I ran unopposed four years ago and I’m unopposed again this year. I guess I must be doing a good job. It’s an honor to serve the residents. There’s difficult things at times. The SAFE Act is one of those difficult things that you have to deal with and you do the best that you can and you try to be fair to everybody.” —Sheriff Richard Devlin, Ostego County, N.Y.  (Photo by Emilie Eaton/News21)
Oath Keepers is larger and farther-reaching than CSPOA, with active chapters in 48 states and the District of Columbia, and an estimated national membership of 40,000. Its website features a declaration of “orders we will not obey,” including those to disarm Americans, impose martial law on a state and blockade cities.

CSPOA grabbed media attention in February with a growing list of sheriffs — 484 as of late July — professing opposition to federal gun control. Detailed with links beside each name, the sheriffs’ stances run the gamut from refusals to impose a litany of federal and state gun-control laws, to vague vows to protect their constituents’ Second Amendment rights, to law critiques that stop short of promising noncompliance.

“Why are we being penalized? Why are we being crucified because we’re standing up for our Second Amendment right? Why does everybody look at us like we’re right-wing nuts because we’re standing up for our constitutional rights?” —Sheriff Mike Lewis, Wicomico County, Md.  (Photo by Sydney Stavinoha/News21)
Only 16 of those 484 are listed as CSPOA members.

Some sheriffs perceive Oath Keepers and CSPOA as too radical to associate with. Desmond, of Schoharie County, New York, is known around his state for openly not enforcing provisions of the SAFE Act that he considers unconstitutional. Still, he’s not a member of either organization.

“I understand where they are, I guess, but I just have to worry right here myself,” Desmond said. “I don’t want to get involved with somebody that may be a bit more proactive when it comes to the SAFE Act. I want to have the image that I protect gun owners, but I’m not fanatical about it.”

Mack is familiar with that sentiment. He suspects it’s hindered the growth of CSPOA.

“This is such a new idea for so many sheriffs that it’s hard for them to swallow it,” Mack said. “They’ve fallen into the brainwashing and the mainstream ideas that you just have to go after the drug dealers and the DUIs and serve court papers — and that the federal government is the supreme law of the land.”

The Southern Poverty Law Center, a civil rights nonprofit that classifies and combats hate and extremist groups, included both CSPOA and Oath Keepers on its list of 1,096 anti-government “patriot” groups active in 2013. Both groups have faced criticism for their alleged connections to people accused of crimes that range from possessing a live napalm bomb to shooting and killing two Las Vegas police officers and a bystander in June.

Media representatives from the Southern Poverty Law Center did not return phone calls and emails requesting comment.

Franklin Shook, an Oath Keepers board member who goes by the pseudonym “Elias Alias,” said the organization doesn’t promote violence, but rather a message of peaceful noncompliance.

“What Oath Keepers is saying is … when you get an order to go to somebody’s house and collect one of these guns, just stand down,” Shook said. “Say peacefully, ‘I refuse to carry out an unlawful order,’ and we, the organization, will do everything in our power to keep public pressure on your side to keep you from getting in trouble for standing down. That makes Oath Keepers extremely dangerous to the system.”

The Future of Gun Control Laws
Self-proclaimed constitutional sheriffs hope that courts will oust gun control measures in their states — but they recognize that may not happen. Lawsuits challenging the constitutionality of gun control legislation in Maryland, New York and Colorado have been, for the most part, unsuccessful.

In New York, five SAFE Act-related lawsuits have yielded few results: One lawsuit resulted in an expansion of the magazine limit from seven rounds to 10, but the rest of the measures were thrown out and are awaiting appeal; a similar lawsuit was stayed; a third was thrown out and denied appeal; and two additional lawsuits have been combined but are stagnating in court.

Plaintiffs in the Colorado sheriff lawsuit are preparing to appeal the decision of a federal district judge who in June upheld the constitutionality of the 2013 gun control laws.

A lawsuit seeking to overturn Maryland’s assault weapons and high-capacity magazine bans went to trial in July, but the judge has yet to issue a ruling.

“My hope is that the governor will look at it now that it’s been a year plus and say, ‘We’ve had some provisions that have failed. Let’s sit down and look at this and have a meaningful conversation.’” New York’s Devlin said. “I personally don’t see that happening, but I’d like to see that happen.”

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http://gunwars.news21.com/2014/some-sheriffs-protest-gun-restrictions-others-refuse-to-enforce-laws/