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WaPo’s history of AR-15 ads falls flat

March 27, 2023 by Cam Edwards Leave a Comment

Editor’s note: Today’s Bearing Arms’ Cam & Co was recorded before news broke of the school shooting in Nashville, so it is not mentioned or referenced in today’s program.

The Washington Post released a 10-part(!) series on the AR-15 on Monday, and we’ll be digging into the paper’s reporting (and anti-gun advocacy) here at Bearing Arms over the next couple of days, starting with its “analysis” of nearly 50 years of advertisements for the AR-15.

The Post’s shallow dive into the history of marketing AR-15s misses the mark in many ways, particularly if the paper’s goal was to portray the industry’s marketing of modern sporting rifles as something nefarious. As the paper inadvertently details, from the beginning the utility of the MSR was a key selling feature, even as consumer concerns shifted from hunting to self-defense over the decades.

There’s little real analysis in the Post’s reporting, which the paper says was based on “a review of more than 400 advertisements, catalogue entries, brochures, social media posts and other messages produced by gun manufacturers and ad agencies.” Given that we’re talking about a nearly 60-year time frame, those 400 ads and other marketing material represent a blip in the overall number of ads produced by the firearms industry, and the WaPo story ultimately only highlights eight ads altogether. Even with that incredibly selective collection, the paper’s attempt to portray the firearms ads as somehow nefarious falls flat. Take this ad from that the Post says comes from a 1985 Colt catalogue; an ad that according to the WaPo writers was part of a shift “from a focus on hunting and outdoor imagery to emphasizing self-defense and law enforcement themes.”

Here’s the thing: this ad (or rather, catalogue page) wasn’t aimed at the civilian market. The copy for the advertisement makes that abundantly clear from the get-go when it talks about the 9mm carbine being “the most practical way to broaden your police department’s selection of calibers.”

Maybe there are ads from the 1980s that are much more open in stating “Wanna be like a cop but don’t want a badge? Buy our guns!” If they’re out there, however, they apparently weren’t a part of the 400 pieces of marketing material supposedly viewed by the Post, because there’s nothing remotely that explicit in the ads highlighted by the Washington Post.

What really stands out in the few ads that the Post chose to focus on, at least for me, is that despite decades of anti-gun activists claiming that AR-15s and other modern sporting rifles are only designed for mass murder or military use, from the outset AR-15s have been marketed as hunting rifles. Here’s the very first ad for a Colt AR-15 from 1964, with “helpful” annotations added by the Post.

And here’s an ad for DPMS Panther Arms (along with the Post’s notes) almost 50 years later, in 2011.

Terrifying stuff, isn’t it?  “Resist the norm”? Marketing to *gasp* women??? Oh, the horror.

If the WaPo was trying to bolster Joe Biden’s “request” that the Federal Trade Commission investigate the marketing practices of the firearms industry, I don’t think they did the anti-gunner-in-chief any favors. Far some demonstrating that the industry has been engaged in shady practices or preys on fear in order to sell their products, the paper has demonstrated that from the beginning modern sporting rifles have been marketed as the next generation of rifle, period. MSR’s have certainly grown in popularity since their introduction in the 1960s, but that makes sense. Just as semi-automatic handguns have surpassed revolvers as the most common handguns sold, modern sporting rifles have overtaken traditional rifles in popularity thanks to their durability, modularity, lighter weight, safety features, and accuracy.

Wake Forest sociologist and “Gun Culture 2.0” advocate David Yamane isn’t that impressed with the Post’s story either, or its assertion that the firearms industry’s use of military or police images is promoting mass murder.

Based on my analysis of gun advertising over a 100-year period, I said there may indeed be some increase in the militarization of American culture and, by extension, gun culture. But it is neither as new nor as dramatic as many suggest.https://t.co/nrPnFyIE6P

— David Yamane (@davidyamane) March 27, 2023

If nothing else, the Post’s story is a reminder that AR-15s have been with us for a lot longer than the many gun banners realize. These “modern battlefield weapons of war” have actually been on the civilian market since the Beatles were playing the Ed Sullivan Show. It was a revolutionary design at the time, but almost 60-years after they were first brought on the market modern sporting rifles have become the industry standard for most consumers; not because the gun lobby has brainwashed them into buying ARs but because the advances in technology make them a better fit for many of us. There’ll always be a place for “old fashioned” rifles, but despite the Post’s protests we’re not going backwards when it comes to the arms we the people are keeping and bearing, and the modern sporting rifle is here to stay.

Filed Under: <![CDATA[AR-15]]>, <![CDATA[Cam &amp; Co]]>, <![CDATA[Cam Edwards]]>, <![CDATA[Federal Trade Commission]]>, <![CDATA[firearms industry]]>, <![CDATA[gun ads]]>, <![CDATA[Video]]>, <![CDATA[Washington Post]]>, Bearing Arms, News

Judge turns down New Jersey’s request for stay in NSSF lawsuit

March 4, 2023 by John Petrolino Leave a Comment

There’s been several victories in the Garden State lately in the courts. A recent court challenge between the National Shooting Sports Foundation and the State of New Jersey found for the plaintiffs in a preliminary injunction. In the case, the NSSF was challenging New Jersey’s work-around of the Protection of Lawful Commerce in Arms Act. On March 3, 2023, United States District Court Judge Zahid N. Quraishi, denied the state’s request for a stay on the previous opinion. 

National Shooting Sports Foundation v. Platkin directly goes after New Jersey’s law targeting the firearm industry. From the preliminary injunction earlier this year concerning the New Jersey law:

On June 5, 2022, the Governor of New Jersey signed A1765 into law. (Id., ¶ 27.) A1765 is titled “Act concerning public safety and supplementing Title 2C of the New Jersey Statutes.” (Id.) Al 765 creates a cause of action for public nuisance applying to gun industry members “engaged in the sale, manufacturing, distribution, importing, or marketing of a gun-related product, and any officer, agent, employee, or other person authorized to act on behalf of that person or who acts in active concert or participation with one or more such persons.” (Id. ¶ 29.) A1765 also authorizes liability for any gun industry member who fails to “establish, implement, and enforce reasonable controls regarding its manufacture, sale, distribution, importing, and marketing of gun related products.” (Id., ¶31.)

The judge found that the state’s law would not be able to survive full scrutiny, thus granting the injunction:

“As a practical matter, if a plaintiff demonstrates both likelihood of success on the merits and irreparable injury, it almost always will  be the case that the public interest will favor the plaintiff.” American Tel. & Telegraph Co. v Winback & Conserve Program, Inc., 42 F.3d 1421, 1427 n.8 (3d Cir. 1994).

March 3rd’s opinion declined the state’s November 23, 2022 request to stay the opinion pending an appeal. As with the preliminary injunction, the judge is of the opinion that the state will not be victorious on appeal, thus their request was denied. The six page opinion by Quraishi quashes New Jersey’s hopes of further eroding the Second Amendment via charging those engaged in business in the firearms world with what can be considered non-existent crimes/mopery, for the foreseeable future.

Defendant argues that a stay is warranted because enjoining Section 58-35 will interfere with a critical public safety tool adopted by the New Jersey legislature. (Moving Br. at 23.) Defendant’s position is the same one he previously presented, however on the Motion he provides four illustrative, hypothetical examples to support his argument. (See id. at 23–27.) In opposition, NSSF argues that Defendant fails to establish irreparable injury. (Opp’n Br. at 24.)

In its previous Opinion, the Court already recognized that granting the preliminary injunction had the possibility of harming the State in that it would be unable to enforce its own statute. (ECF No. 17 at 18.) The Court did not take the issue lightly, but nonetheless found that this potential harm was insufficient to deny the injunction. It finds no reason in Defendant’s brief to deviate from its previous conclusion. Accordingly, the Court finds, for purposes of this Motion, that Defendant will not suffer irreparable harm absent a stay.

…

D. Public Interest

Because Defendant has not shown that he is likely to succeed on an appeal, the Court finds that it is in the public interest to continue the injunction. See Novartis Consumer Health, Inc. v. Johnson & Johnson-Merck Consumer Pharm. Co., Civ. No. 00-5361, 2001 WL 493266, at *3 (D.N.J. 2001).

IV. CONCLUSION

For the foregoing reasons, Defendant’s Motion to Stay will be DENIED. An appropriate Order will follow.

This is a victory for the NSSF and all engaged in commerce related to firearms in the Garden State. The purposefully vague terms of the law could subject civil rights organizations and even firearms instructors if they were engaged in so-called “marketing of gun-related products.” There’s far too much room for abuse of all constitutionally protected, lawful, and legitimate business dealings. That’s all beyond the blatant and obvious moves New Jersey was taking to usurp and work-around the Protection of Lawful Commerce in Arms Act proper.

In 2023, if the courts remain honest, there’s no way the state will be victorious over the NSSF once this has been completely put to bed. This is a big win which will hopefully help establish precedent that New Jersey has to respect the federal law protecting the firearm industry from frivolous lawsuits and or charges.

Filed Under: <![CDATA[firearms industry]]>, <![CDATA[gun industry]]>, <![CDATA[lawsuits]]>, <![CDATA[Litigation]]>, <![CDATA[new jersey]]>, <![CDATA[NSSF]]>, <![CDATA[public nuisance]]>, <![CDATA[Video]]>, Bearing Arms, News

Colorado Democrats unveil waiting periods, gun bans for under-21s, and more

February 24, 2023 by Cam Edwards Leave a Comment

While the Democratic supermajority in Denver isn’t ready to release its proposed ban on so-called assault weapons quite yet, anti-gun lawmakers did receal four new anti-gun proposals on Thursday; all of them aimed either at legal gun owners or the firearms industry.

The legislation includes a mandatory three-day waiting period between the time a firearm is purchased and when the buyer is allowed to take it home, a complete prohibition on firearms possession and purchases for most adults under the age of 21, expanding the state’s “red flag” gun seizure law to allow more people to file petitions, and removing legal protections designed to prohibit junk lawsuits against the firearms industry seeking to hold them responsible for the actions of violent criminals.

A couple of the bills had a soft introduction earlier this week, with lawmakers giving a sneak peak to a few members of the press, but on Thursday anti-gun legislators held a press conference to proudly show off their anti-civil rights legislation, swearing that the laws will make the state a safer place.

“These are incredibly important bills that will save lives,” Senate President Steve Fenberg, D-Boulder, said during a press conference on Thursday. “We worked for months on practical language and with stakeholders, advocates and gun violence survivors to make sure these policies will be effective and, most importantly, enforced.”

Oh really? What about all the laws that are already in place? Sure sounds like they’re not being enforced as much as they could. Take the case of 31-year-old Devon Bobian; one of three individuals police say were involved in a high-speed chase that led to the death of Fountain, Colorado police officer Julian Becerra. Bobian not only had active warrants out for his arrest at the time Becerra spotted him and began his pursuit, but had previously been the recipient of a criminal justice system that allowed him to escape serious consequences for a weapons offense.

Bobian had two warrants out for his arrest at the time of the incident — the first for a misdemeanor charge of unauthorized absence and the second for motor vehicle theft and felony criminal mischief.

According to an affidavit acquired by The Gazette, Bobian was staying in a community corrections facility in Pueblo after being released from the Department of Corrections six months into an 18-month sentence. He pleaded guilty to one count of weapon possession by a previous offender in March. 

The affidavit outlines that Bobian on Dec. 10, 2022, told staff at the residential program that he was going to the hospital, but Bobian never checked into the hospital and never returned to the residential program.

Bobian had been on the run since, but while unaccounted for he picked up an additional case on Jan. 24. The affidavit for the incident outlines how Bobian and others broke into a Pueblo business using a stolen car and stole over 100 gallons of gasoline.

Bobian served 1/3rd of his sentence as a repeat offender, and Fenberg has the audacity to brag about how these new gun control proposals directed against lawful gun owners are going to be strictly enforced?

As we’ve previously discussed, Colorado’s violent crime rate has been heading in the wrong direction for most of the past decade, even as the Democratic majority adds more and more anti-gun statutes to the books. Republican House Minority leader Mike Lynch, responding to the latest onslaught of gun control measures, declared that while Coloradans are right to be concerned about public safety, the bills aren’t what the state’s voters are looking for.

“Up until this moment, Coloradans have been free to exercise their constitutional rights to legally purchase and bear arms,” Lynch said in a statement. “We Republicans are the only ones that are standing between these ongoing legislative assaults on Coloradans abilities to protect themselves, their families, and their homes. The radical members of the Democrat caucus have taken advantage of their super majority to push through an anti-constitution, anti-freedom, and anti-Colorado agenda.”

That’s the problem though, isn’t it? Colorado Democrats have a supermajority in the legislature, which is a pretty good indication that many voters in the state have bought in to the false promises of increased safety at the expense of their individual rights despite the failures of the state’s “red flag” law, “large capacity” magazine ban, and “universal” background checks (among other gun control laws already in place) to reduce violent crime over the past ten years.

As long as the state and its elected officials treat responsible gun owners as the biggest threat to public safety while giving guys like Bobian a slap on the wrist, Colorado’s violent crime rate isn’t going to get any better. And given that many of these proposals are going end up challenged in court and face a good chance of getting tossed out, legislators are wasting time and taxpayer money going after the Second Amendment rights of Coloradans when they should be addressing the crisis in the courts instead.

Filed Under: <![CDATA[Colorado]]>, <![CDATA[firearms industry]]>, <![CDATA[Gun Control]]>, <![CDATA[red flag expansion]]>, <![CDATA[under-21 gun ban]]>, <![CDATA[Video]]>, <![CDATA[waiting periods]]>, Bearing Arms, News

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