California's gun control efforts suffer 2 legal setbacks

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California's efforts to strengthen what already are some of the nation's strictest gun laws took two blows this week, the latest coming when a federal judge blocked a law set to take effect Saturday that would have barred gun owners from possessing high-capacity ammunition magazines.

The judge ruled Thursday that the ban approved by the Legislature and California voters last year takes away gun owners' Second Amendment rights and amounts to the government seizing people's private property without compensation.

California law has prohibited buying or selling the magazines since 2000, but until now allowed those who already owned them to keep them.

Allowing the law to take effect would have given thousands of otherwise law-abiding citizens what San Diego-based U.S. District Judge Roger Benitez called an untenable choice: "Become an outlaw or dispossess one's self of lawfully acquired property."

He issued a preliminary injunction blocking the law from taking effect while he considers the underlying lawsuit filed by the National Rifle Association-affiliated California Rifle & Pistol Association.

Earlier this week, California regulators temporarily blocked proposed new rules on assault weapons submitted by Attorney General Xavier Becerra in May. The Office of Administrative Law said Becerra went too far in trying to impose the new regulations without allowing for public comment.

Becerra's office is developing regulations on how current owners of soon-to-be-illegal assault-style weapons can keep them if they're registered starting in July 2018.

Becerra, who also is defending the high-capacity magazine ban, criticized the San Diego judge's decision without saying what he will do next on either setback.

"Proposition 63 was overwhelmingly approved by voters to increase public safety and enhance security in a sensible and constitutional way," he said in a statement. "I will defend the will of California voters because we cannot continue to lose innocent lives due to gun violence."

Lawyers representing both sides said Becerra can appeal both decisions.

"Unfortunately this law will be delayed but we are confident it will go into effect, and soon," said Ari Freilich, staff attorney at the Law Center to Prevent Gun Violence. He called the San Diego lawsuit and ruling part of the NRA's efforts "to delay and dismantle California's law brick by brick."

Had the ban taken effect, owners would have been required to get rid of their magazines by sending them out of state, altering them to hold no more than 10 bullets, destroying them or turning them into law enforcement agencies.

Owners can now keep the magazines until a final ruling by Benitez or if an appeals court overturns his injunction, said Chuck Michel, attorney for the NRA and the California Rifle & Pistol Association.

"This court recognized that the Second Amendment is not a second-class right and that law-abiding gun owners have the right to own these magazines to defend themselves and their families," Michel said.

State lawmakers approved the ban last year as part of a package of gun restrictions. Voters agreed in November when they approved Proposition 63, a measure that toughened the penalties by allowing violators to be fined or jailed.

Benitez criticized Becerra's arguments that magazines often holding 30 or 100 bullets are typically used in mass shootings and aren't needed by hunters or civilian owners. Forcing assailants to change magazines more frequently gives victims time to flee or subdue the shooter, Becerra argued in court filings.

He listed as examples the shooting in Orlando, Florida, that killed 49 people and injured 53; the terrorist assault that killed 14 and injured 22 in San Bernardino; the massacre of children and teachers at Sandy Hook Elementary School in Newtown, Connecticut; and the Arizona attack that killed six and wounded 13 including former U.S. Rep. Gabrielle Giffords.

"Persons with violent intentions have used large capacity magazines, machine guns, hand grenades and pipe bombs, notwithstanding laws criminalizing their possession or use," Benitez wrote. "Trying to legislatively outlaw the commonly possessed weapon de jour is like wearing flip flops on a slippery slope. A downhill slide is not hard to foresee."

The judge suggested in his ruling that the Attorney General's office failed to show that banning high-capacity magazines would have a significant effect on limiting mass shootings in California.

Becerra said opponents' Second Amendment challenge has repeatedly been rejected by other courts, allowing at least seven other states and 11 local governments to already restrict the possession or sale of large-capacity ammunition magazines.

FBI agent indicted, charged with lying about shooting during encounter with Oregon refuge occupier,“LaVoy” Finicum

FBI agent indicted, charged with lying about shooting during encounter with Oregon refuge occupier

By Leah Sottile and Mark Berman June 28 at 8:20 PM

Occupier Robert “LaVoy” Finicum speaks to the media at the refuge last year. (Rob Kerr/AFP/Getty Images)

PORTLAND, Ore. — A special agent with the elite FBI Hostage Rescue Team has been indicted and accused of trying to cover up the firing of gunshots during an encounter with a member of an armed group who occupied an Oregon wildlife refuge last year.
The indictment — filed last week and made public Wednesday — does not accuse Special Agent W. Joseph Astarita of shooting the occupier, but it is a public black eye for the FBI group, which the bureau has described as unparalleled in its law enforcement capabilities.
At the height of the occupation of the Malheur National Wildlife Refuge, which stretched on for weeks at the bird sanctuary in southeastern Oregon, authorities pulled over some of the group’s leaders as they traveled on a snowy highway toward a meeting on Jan. 26, 2016.

[Police shooting of Oregon occupier LaVoy Finicum deemed justified; FBI agents being investigated]

FBI agents and Oregon State Police troopers swarmed the group, and one of the occupiers — Robert “LaVoy” Finicum, a 54-year-old rancher who acted as the group’s spokesman — tried to drive away at high speed.
After nearly hitting an agent, Finicum veered off the road and into a snowy bank. He walked toward an officer, appearing to reach for his jacket, in which officials say he was carrying a loaded 9mm handgun. State troopers opened fire and struck Finicum three times in the back, killing him.
Weeks later, authorities said they had deemed the shooting justified because the troopers feared for their lives. That same day, Oregon officials and the Justice Department’s inspector general announced that they were investigating the actions of FBI agents during the encounter.
Deschutes County Sheriff Shane Nelson said at a March 2016 news conference that investigators found a bullet hole on the roof of Finicum’s car that could not be accounted for based on the shots troopers fired. Nelson said they came to determine that an FBI agent fired that shot. On Wednesday, speaking after Astarita was indicted and publicly identified, Nelson said Astarita fired the shot that struck the roof of Finicum’s car.

[Getting to Hallelujah: The frantic final hours of the Oregon refuge occupation]

On Wednesday afternoon, Astarita — in a dark gray pinstriped suit and a red and navy striped tie — stood in magistrate court before Judge Janice M. Stewart. Astarita was next to a federal defender, who entered a not guilty plea on all counts. A week-long jury trial was set to begin Aug. 29; Astarita is not being held in custody.
When Astarita appeared in court, one apparent supporter of Finicum was in the front row, a tattoo of Finicum’s cattle brand on her right wrist.
In the five-count indictment filed under seal last week in the U.S. District Court for the District of Oregon and unsealed by a judge on Wednesday, Astarita is described as an HRT member assigned to the wildlife standoff.
The indictment said Astarita “falsely stated he had not fired his weapon during the attempted arrest of Robert LaVoy Finicum, when he knew then and there that he had fired his weapon.” He is described as firing two shots during the encounter.

A memorial for Robert “LaVoy” Finicum, where he was shot and killed in Oregon. (Jim Urquhart/Reuters)

According to the indictment, Astarita made a false statement to three different supervisory special agents, all of whom are identified only by initials for security reasons. The indictment also charges Astarita with two counts of obstruction of justice for allegedly misleading Oregon State Police officers about the two rounds.
An FBI spokesman did not respond to a request for comment Wednesday.
Speaking at a news conference Wednesday, Nelson, the Deschutes County sheriff, said he and his investigators flew to Washington last year to brief the FBI on the findings of their probe. Nelson said he was disappointed to learn that HRT members were not placed on leave after that briefing.

[FBI defends killing of occupier in Oregon, releases video]

Finicum was shot more than three weeks into a standoff at the Malheur refuge, a remote bird sanctuary nearly six hours from the state’s largest city. People from around the country had come to participate in what they described as a protest of the federal government’s ownership of Western lands.
After law enforcement officers pulled over Finicum’s truck — along with another carrying the occupation’s leader, Ammon Bundy — Finicum screamed at them from his vehicle.
“Right there. Put a bullet through it,” he yelled, pointing to his forehead, according to a video that another member of the group filmed on her cellphone from the back seat of his truck. “Go ahead, put the bullet through me! … You want my blood on your hands?”
Finicum hit the gas, speeding toward another roadblock, and he veered to avoid hitting it. Plowing into a snowbank, Finicum climbed out of the truck with his hands raised. Inside the vehicle, the video captured two bullets, shattering a window and piercing the roof of the truck.
“Go ahead and shoot me!” Finicum yelled as he stumbled into the snow. “You’re gonna have to shoot me!”
In the interior left pocket of his denim coat was a 9mm Ruger pistol with a bullet in the chamber. As he yelled at officers to shoot him, drone footage from above captured Finicum appearing to gesture toward his coat before he was killed.

[Killing of an Oregon wildlife refuge occupier has re-energized protesters]

The FBI, seeking to dispel questions about Finicum’s death in January 2016, quickly released video showing the shooting. As word spread, occupiers remaining at the refuge cried foul, describing it as a murder. With their leaders imprisoned, the occupation dwindled to a small, well-armed group of four who called Finicum’s death an assassination and remained at the refuge until early February.

Play Video 5:02

Listen to dramatic audio of Oregon occupiers surrendering to authorities

A phone call with the last four Oregon refuge occupiers was live streamed on Youtube as they walked out of the wildlife refuge and surrendered to authorities Thursday, Feb. 11. (Youtube.com/Gavin Seim, KGW TV)

Finicum’s legacy remained on display during the trial last fall of seven people charged with crimes stemming from the occupation. Supporters inside the Portland courtroom and on the green park lawns outside wore T-shirts and flew flags bearing Finicum’s cattle brand; they held signs that read “Justice for LaVoy.”
His name became something of a symbol for those beyond the occupying group, said Mark Pitcavage, a senior research fellow at the Anti-Defamation League.
“His brand has become a symbol used by anti-government extremists,” Pitcavage said. “You might see it in their rear window or an avatar on social media. There’s no doubt that they’ve made him into a martyr.”

[Oregon wildlife refuge standoff ends as last four occupiers surrender to FBI]

Even before Finicum’s death, the HRT had played a role in disastrous incidents — including the raids at Ruby Ridge in Idaho and Waco, Tex. — that were invoked by occupiers at the refuge. Some FBI officials had also mentioned those same incidents, saying that with memories of those bloody episodes in mind, they deliberately allowed the Oregon occupation to continue for weeks.
Pitcavage said that even though Finicum’s death was very different from what occurred at Ruby Ridge or Waco, extremists would still use it “for propaganda purposes.” He said the HRT member appeared to have made a human mistake. But Kenneth Medenbach, one of the seven occupiers acquitted of all charges in the trial last fall, disagreed.
“I think they were trying to kill everybody in the truck,” he said Wednesday. “If they were trying to scare them they could have shot out their tires. … I think they were trying to kill LaVoy before he got out of the truck.”
He also wondered whether Finicum came to the refuge knowing he might die.
“We all have an appointed time to die,” Medenbach said. “And I think he maybe knew that’s what was coming up on him.”

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Team SIG Member Lena Miculek Brings Home Gold

Posted on June 21, 2017 by AmmoLand Editor Duncan Johnson

Miculek Earns Multiple First Place Finishes at IPSC Rifle World Shoot in Russia

Newington, N.H. –-(Ammoland.com)- SIG SAUER, Inc. announces that Team SIG member Lena Miculek recently earned multiple top finishes during the first ever International Practical Shooting Confederation (IPSC) Rifle World Shoot.
Held at Moscow’s Patriot Park in Kubinka, the Rifle World Shoot consisted of 591 competitors from 40 nations who competed in 30 stages over the course of a week. It is the highest-level rifle match within IPSC.

“For the action shooting sports community, this is our Olympics,” said Lena Miculek. “I was lucky to make the Ladies Open Team alongside Ashley Rheuark, Maggie Reese and my mother Kay Miculek. Through crazy weather and intense competition, the Ladies Open Team came out on top!”

Lena Miculek earned multiple top finishes during the first ever International Practical Shooting Confederation (IPSC) Rifle World Shoot.

In addition to the team victory, Miculek battled through illness to claim multiple individual titles, including the Ladies Open shootoff and 1st place in the Ladies Open division. Using a SIGM400 Predator and SIG Elite Performance ammo, she also reached her goal of placing in the top 20 overall in the world, beating out many of the world’s finest competitors, including her father, shooting legend Jerry Miculek. After a week of competition, the Louisiana native returned home with a pair of 1st place trophies and five gold medals.

“It was an incredible experience to represent the United States at the IPSC Rifle World Shoot,” said Miculek. “Competing against the world’s finest shooters was very humbling. Standing on the podium and hearing our National Anthem play was an experience beyond words.”

For more information on the complete SIG SAUER line, please visit us at sigsauer.com

From buying to building: Why AR-15 fans are DIYing

6/19/17 | by Jacki Billings

The AR-15’s modular design allows consumers to swap parts and tailor the gun to suit specific goals. (Photo: Peninsula Guns and Tactical)

With its modularity and ability to conform to user needs, the AR-15 is easily considered America’s preferred rifle. Though many gun owners chose to head down to their local gun shop to grab a factory built AR from the shelf, some dedicated fans are circumventing the gun store in favor of building their own, custom gun. But why are shooters forgoing stock guns in favor of time consuming builds? The answer, AR aficionados say, comes down to customization, cash and control.
The AR-15 developed its iconic name from ArmaLite who designed the first AR or ArmaLite Rifle. In 1959, the company sold the rights to Colt, who modified the rifle by relocating the charging handle from under the carrying handle to the rear of the receiver. The redesigned rifle was repackaged and marketed by the United States military as the fully automatic M16. Not to be limited to just one clientele, Colt soon created a semi-automatic civilian version known as the AR-15.
The AR-15 soared in popularity among gun owners who found it to be a versatile platform. Transitioning from hunting to sport shooting to home defense, the adaptable rifle gave consumers more bang for their buck. Even better, the modular design allowed the system to be easily modified and personalized to suit individual preferences — a key feature that would eventually lead some consumers down the path of building rifles from the ground up.
Creating a rifle that is customized to a shooter’s exact specifications and needs is one of the driving forces behind why more gun owners are looking to DIY. The ability to carefully craft a purpose-built setup catered to the mission — be it home defense or plinking on the range — is what makes the AR-15 platform unique.
Ghost Firearms, a Florida-based parts maker specializing in AR components, offers everything from individualized pieces to full build kits. President of Ghost Firearms T.J. Nader told Guns.com in early June that personalization drives sales of his company’s colored and skeletonized AR-15 lowers.
“We have seen strong interest in our colored upper receivers and Skeleton lowers in colors. Considering the AR industry likely produced and sold around 1.5 million stripped lowers in 2016 we are seeing strong demand for parts to build out these lowers into rifles or pistols,” Nader said. “People are unique and very in tastes.”
When creating an AR, each part can be carefully selected to ensure high performance and quality during operation. Reddit user Nreyes238 expounded on the topic during an online discussion, explaining that building offers not only customization but also control for gun owners.
“If customization is your goal, then building is the way to go. You want a specific lower, and a certain trigger, and all matching furniture in that limited edition color from X manufacturer…you won’t find this on a shelf,” Nreyes238 commented.
Parts and accessories manufacturer Wing Tactical shared the sentiment, listing control and customization as one of the main reasons hobbyists are turning to building.
“You get exactly what you want,” the company said. “From the right buttstock to fit your shoulder to the right handguards for the perfect grip, your rifle will be perfect for your comfort. It’s made with custom AR-15 parts, so you can own a high-performance rifle as well, with a high-quality gas system and a reduced power trigger spring. You can enjoy whatever additions you desire, because you’re making it.”
While tricking out guns and tweaking them to exact specifications ensures shooters are getting the most from their rifles, cost also plays a part in why shooters are tackling DIY projects of this magnitude.
Though in some cases gun owners might get away with a complete AR-15 from a major gun maker $100 to $200 cheaper than a custom gun, builders enjoy the luxury of shelling out cash at their own pace. Jumping on sales, buying piece by piece and budgeting affords those that build the opportunity to craft a high quality gun without breaking the bank. Additionally, gun owners get the added benefit of intimately knowing their rifle.
“Ultimately, you may end up spending $100-200 more building it yourself, but in the process you learn the technical nature of the firearm,” Reddit user Romanonnom said in a online AR discussion. “I can tell you, before building my first AR, I didn’t know a thing about how it functioned. Sure, you can read about it, but nothing takes the place of the hands on experience of building it.”
Romanomnom added, “For me, and I think a large majority of people, that initial cost is worth it.”
Though the benefits seem tempting, other AR-15 fans warn that building does come with its disadvantages. Namely, time and resale.
Time-to-cost ratio comes into play when evaluating the merits of buying versus building. If budgets are tight and time is plenty, building becomes a more viable alternative; however if time and patience are the main values, it’s better to buy. Builders agree that if getting out on the range immediately is the goal, grab a gun off the shelf.
“Buying gives you the opportunity to save costs (if you are getting exactly what you want off the shelf), shoot ASAP, requires less effort, and requires less decisions,” Nreyes238 said.
Resale also plays a part in the decision to build. Packaged guns from major manufacturers can easily be traded or sold while so-called “Frankenstein” guns don’t move so quickly.
“To me the biggest downsides of building (this includes using a pre-built upper) is lower resale value and lack of warranty. It can be tough selling a ‘Frankenstein’ gun for what you have into it and while individual parts may have warranty’s you won’t have someone to send the entire gun back to of you have problems with it,” online user Wckdwabbit commented on an AR-15 discussion forum. “That being said, if you built the whole gun you know it better than anyone else and are more likely to be able to fix anything that pops up.”
Controlling the parts and more importantly the cash flow to craft a custom gun brings hobbyist to the table, ensuring the AR-15’s continued success stateside.

CC youths take home 4-H shooting prizes

Photo provided by Anne Kretschmann Six Copper Country children finished within the top 50 in the annual 4-H Regional Shoot held in Sagola Township on June 10.

CHANNING – Six Copper Country youths were among 50 of the best shooters in the Upper Peninsula at the Sagola Township Sportsmen’s Club on June 10, to compete in the annual 4-H Regional Shoot, according to Anne Kretschmann, Michigan State University Extension 4-H coordinator for Houghton and Keweenaw counties. Houghton-based Copper Tips 4-H Archery Club sent a six-person team down to compete.
Each youth could enter into two of four disciplines: BB gun, air rifle, .22 small-bore rifle, Archery Unsighted, and Archery Open. Divisions were made by age: Beginners (9-11 years old), Juniors (12-14 years old), and Seniors (15-19 years old).
Houghton-Keweenaw youth were able to participate in BB gun, air rifle, and .22 small bore rifle events, thanks to the generosity of other counties and instructors who shared their expertise and equipment to allow the youth to safely shoot, Kretschmann stated.
In the Unsighted Archery Division, competitors could not use a release or any form of sights. In the Unsighted Senior Division, all three top shooters were from Houghton County. Isaac Balyo earned third place behind Noah Bach in second. Winning for the second year in a row was Alaina Bach as Unsighted Senior Champion.
For the Team Archery event, Caleb Bach, Noah Bach, and Alaina Bach, all of Houghton County, along with Max White of Dickinson County and Trinity Busick of Delta County, competed against a sighted team, and fell short by three points.
In the BB Gun Beginner Division, a Delta County-based team with Levi Bach from Houghton County, took second place.
In Air Rifle, Junior Division, new shooter, Grant Fredrickson, of Houghton County, took third place. A combined team of Houghton and Delta counties took third place. Members were Caleb Bach, Alaina Bach, Grant Fredrickson of Houghton County, and Lily Karl of Delta County.
In the .22 Small Bore Rifle, a mixed-County team with Fredrickson, took third.
Through the support of the Keweenaw Community Foundation, the Copper Tips 4-H Archery Club obtained a canopy which proved essential for participants in the Regional Shoot. The day was 94 degrees, Kretschmann stated.
Many of the shooters in attendance will be representing their home counties at the State of Michigan 4-H shoot at the end of July. For more information about 4-H Shooting Sports opportunities in the area please contact the Michigan State University Extension office at (906) 482-5830.

Shooting Stars: Bulldog rifle team wraps up 10th season

Photos by Randal Meyer Hancock Central High School Marksmanship Team member Catherine Alkuino takes aim at a target with a .777 pellet rifle.

HANCOCK — The Hancock Central High School Marksmanship Team has been around for 10 years, but Randal Meyer doesn’t think too many people know about it.
Meyer, the sergeant major in the HCHS Junior ROTC and the team’s instructor, said the team just finished its 10th year, and it is a school sports team.
“It became a varsity sport about 10 years ago,” he said.
Some Houghton High School students are also part of the team, Meyer said.
The team competes at the Michigan Technological University shooting range, Meyer said. They shoot .777 pellet rifles, which is the same rifle used in some Olympic contests.

Zach Korkko takes aim at a target.

Meyer said marksmanship competitions are different from other sports in that the competitors don’t travel to contests. The team shoots at the Tech range and then send paper targets to whichever school is hosting the competition.
“We compete against schools from all over the United States,” he said. “We host one every year.”
Meyer said the marksmanship team does well in competitions.
“We usually win a place in every competition,” he said. “This year, we won three competitions.”
The number of competitions in which the team participates varies, Meyer said.

Claire Meyer takes aim at a target.

“I try to get them a minimum of six competitions,” he said. “We did eight this year.”
The team is usually comprised of 12 to 18 members.
“I’ve had as high as 20,” he said.
The teams are made up of ninth- to 12th-grade boys and girls without separate divisions, Meyer said.
“It doesn’t matter in shooting,” he said.

The Hancock Central High School Marksmanship Team just completed its 10th year.

In fact, Meyer said girls often do better than boys.
The marksmanship season usually takes part during the winter months, but Meyer said it went into spring this year.