Hawaii: Gun Control Measures Introduced With More on the Way

SOURCE: NRA-ILA

The Hawaii Legislature opened on Wednesday and an onslaught of bills targeting your Second Amendment Rights have been introduced. Below, find a brief description of the more significant anti-gun bills that were introduced this week.

House Bill 1599

,

House Bill 1734

, and

Senate Bill 2152

would change the permitting system for the purchase of rifles and shotguns (long guns) to match the procedure currently in place for handgun purchases. This would require an individual to obtain a permit from the police each and every time they wished to purchase a long gun that would only be valid for 10 days. Whereas now, only one permit is required to purchase any number of long guns, and is valid for a year. It goes without saying that these bills create an onerous and unnecessary new burden on law abiding citizens who wish to purchase long guns for sport, hunting, or home defense.

House Bill 1733

and

Senate Bill 2151

would prohibit the purchase and manufacture of certain firearms parts by private individuals in an effort to ban home built firearms.  The legislation is vague and overly broad as to what exactly could constitute a part or parts that could subject a person to felony penalties. This legislation fails to recognize that prohibited persons already cannot lawfully possess any firearm, whether home built or produced by a licensed manufacturer.

House Bill 1736

and

Senate Bill 2154

would prohibit possession of magazines capable of holding more than ten rounds. These so called “high capacity” magazines are in fact standard equipment for commonly-owned firearms that many Americans legally and effectively use for an entire range of legitimate purposes, such as self-defense or competition. The bill recognizes the utility of these magazines by carving out an exemption for law enforcement, but would still violate the rights of ordinary citizens. It contains no “grandfathering” provision for affected magazines lawfully acquired prior to the ban, so citizens would be forced to dispose of their property, alter it, or surrender it to the government.

Continue to check your inbox and

www.nraila.org

for updates on issues impacting your Second Amendment Rights and hunting heritage.

NRA-ILA : Gun Ownership and Crime Trends

January 2020

For decades, gun control activists have predicted that crime will increase as more people own more guns or burdensome restrictions on gun rights are repealed. The opposite has been true. Americans own more firearms and Americans in more states can lawfully carry a concealed firearm than they could decades ago but crime rates have fallen significantly.

In 2018, the violent crime rate fell to the 2

nd

lowest total rate since 1971 and the murder rate was half of what it was at the 1980 peak. The two lowest violent crime rates of the last 48 years were 2014 and 2018.

[1]

The violent crime rate has decreased 51% from the 1991 all-time high. Americans have acquired more than 215 million new firearms in the same time period – more than doubling the number of privately-owned firearms in the United States.

[2]

As violent crime has decreased, the number of Right-to-Carry (RTC) states and the number of people who carry guns for protection away from home have risen to all-time highs.

Every state now has a system allowing residents to obtain a concealed carry permit. There are 42 RTC states, more than 18.6 million people with carry permits, and data shows that permit holders are statistically more law-abiding than the general public.

[3]

Women and minorities are the fastest growing concealed carry permit holder populations, and the number of female permit holders are increasing faster than male permit holders among every ethnic or racial group for which data is available.

[4]

People who use guns to defend against robbery and aggravated assault are less likely to be injured than people who use other means, or no means, of self-defense.

A 1986 survey of felons for the federal government found that 40% had not committed one or more crimes because they feared that their prospective victims were armed. Thirty-four percent of criminals had been scared off, shot at, wounded, or captured by an armed victim.

[5]

It’s an article of faith among gun control supporters that more guns will bring about more crime. For example, in the mid-1970s, the Brady Campaign, campaigning for a ban on handguns,

[6]

predicted: “There are now 40 million handguns owned by private individuals in the United States—about one gun for every American family. At the present rate of proliferation, the number could build to 100 million by the year 2000 (which isn’t as far off as you think). The consequences can be terrible to imagine—

unless something is done.

[7]

In 1979, when the group was known as Handgun Control, Inc., it updated its prediction, saying, “Right now over 50 million HANDGUNS flood the houses and streets of our nation. . . . HANDGUN production and sales are out of control.”

[8]

Gun control supporters have made similar doomsday predictions about Right-to-Carry laws, “assault weapons,” and “large capacity” ammunition magazines.

[9]

More Guns

—Since the early 1990s, the number of privately-owned firearms has more than doubled, from about 192 million to more than 405 million – including more than 167 million handguns.

[10]

Americans acquire roughly 10 million new firearms annually. More than 18.66 million Americans have carry permits.

[11]

The AR-15 is the most popular firearm in the country, and the number of these firearms Americans own has increased from several hundred thousand to at least 16 million.

[12]

The number of so-called “large capacity” magazines – the regular magazines used in rifles like the AR-15 and in semi-automatic handguns designed for self-defense – numbered in the tens of millions decades ago and, today, are so common that the number in circulation is seemingly incalculable.

Despite gun control supporters’ predictions, murder and total violent crime have decreased by more than half since 1991. In 2014, total violent crime fell to a 44-year low, murder to an all-time low.

[13]

The rate in 2018 was slightly higher than in 2014 but still the 2

nd

lowest violent crime rate since 1971.

Less gun control –

Over the last quarter-century, many federal, state, and local gun control laws have been eliminated or made less restrictive. The federal “assault weapon” ban, upon which gun control supporters claimed public safety depended, expired in 2004. The violent crime rate last year was 20% lower than it was in 2014 and the murder rate was 9% lower.

The federal handgun waiting period, for years a priority for gun control supporters, expired in 1998 in favor of the NRA-supported national Instant Check and the murder rate has since dropped 20%. Accordingly, some states have eliminated obsolete waiting periods and purchase permit requirements.

Every state allows residents to lawfully carry a concealed firearm. Fifteen states allow permitless carry, and Montana allows permitless carry outside of city limits. Eight states retain some discretion over who can obtain a permit, and the remaining states are shall-issue states: any law-abiding resident who meets the established requirements can obtain a permit to carry a concealed firearm.

All states have hunter protection laws, 48 have range protection laws, 45 explicitly prohibit local gun laws more restrictive than state law, 44 protect the right to arms in their constitutions, and 33 have “castle doctrine” laws protecting the right to use guns in self-defense.

Crime Trends

The interactive visualization below displays historical crime data going back to 1960 (or 1965 for the state of New York). The violent crime rate includes homicide, aggravated assault, robbery, and rape. The FBI definition of rape was changed in 2012 (taking effect January 1, 2013). The revised definition of rape is utilized in total violent crime calculation beginning in 2013. Prior to 2013, the legacy definition of rape was used. For more information on the definition change, see the FBI\’s Rape Addendum in the 2013 Crime in the United States report.

[14]

see more

N.J. pays NJ2AS another $87,500 totaling $230,000 in legal victories!

NJ2AS attorney Richard Gutman, NJ2AS President Alex “Alejandro” Roubian, NJ2AS legislative advisor Robert Barush, proudly stand in front the check for our legal fees.

In

June 2019 the New Jersey State Police once again lost against NJ2AS

in an 8-year-long legal battle to receive a copy of their investigative manual that is used while investigating firearm applicants.

Shortly after, New Jersey, once again, lost a motion to have the State pay for our legal fees. The New Jersey Second Amendment Society (NJ2AS) was awarded $87,500 for legal fees.

In 2016,

The Record stated

: “The most expensive case in the documents reviewed by The Record involved the Second Amendment Society seeking firearms regulations, costing the administration $101,626.”

NJ2AS President Alex “Alejandro” Roubian proudly stated “NJ2AS will stop at nothing, ever, until all unconstitutional infringements on our right to keep and bear arms in NJ are gone.  We will seek out and expose every violation, every person who is complicit in those violations and every government entity that participates and/or covers them up.  We will bring into the light the negative impact of NJ’s poorly worded and over-criminalized legislation. We will use any and all legal means available to do so.”

Frank Fiamingo, NJ2AS’ former President (2010-2015) that helped spearhead this lawsuit stated “I would like to formally express my gratitude to Attorney Richard Gutman and the members, leaders and advisers of the NJ2AS that made this significant win possible. The attorney General of NJ and the NJ State Police have been put on notice that the firearms owners of NJ will not sit back while their individual rights are constantly being trampled. It may take time to fight the unfair and unconstitutional behavior of the three branches of New Jersey’s government, but we are in this fight for the long run and this win is only the beginning. Under President Alexander Roubian, the members and legal advisers of the NJ2AS intend to file additional lawsuits which we fully believe will be successful. We continue to ask for your support as the NJ2AS moves forward in the quest to further the legitimate right of individuals to keep and bear arms wherever they have the right to be. This includes the right of the individual to carry firearms for defensive purposes.”

Governor Murphy’s administration did not respond for comment.

source

Towns in New Jersey Join Second Amendment Sanctuary Movement

CNBNews.net

NEW JERSEY—Some towns in New Jersey have joined the Second Amendment sanctuary movement, according to

ammoland.com

.

This

movement is a form of civil disobedience that has taken off in Virginia, and it is also making strides in Kentucky.

CNBNews graphic files

Alexander Roubian of the New Jersey Second Amendment Society stated that two towns in the Garden State have already declared themselves as Second Amendment sanctuary jurisdictions, while “we are aware of dozens of others that are supportive of passing similar measures. We have been working non-stop to help spread resolutions to towns and cities throughout New Jersey with a tremendous amount of positive feedback.”

One can look at the summaries of the

Virginia

and

New Jersey

laws available via NRA-ILA’s web site and ask if the movement does any good in the latter state. One thing New Jersey lacks that Virginia has is a specific provision in the state constitution protecting the right to keep and bear arms.

New Jersey’s constitution does declare that citizens have rights when it comes to “defending life,” “protecting property,” and “pursuing and obtaining safety” – but somehow, the officials in New Jersey have gotten away with infringing on the right to own the implements that are the best at achieving those objectives. Despite that current state of illogic, Roubian still sees signs of hope in New Jersey.

“While there is a much more restrictive baseline for Second Amendment rights in New Jersey, we commend the law enforcement officers that have always honored and respected the Second Amendment in our State and expedite gun permits while others claim it takes 6-12 months to process an application. There are many police departments that already do the right thing when it comes to an individual making a hyper-technical violation of New Jersey\’s draconian and discriminatory gun-licensing scheme and we commend those officers and departments,” he said.

Read more

RELATED:

CNBNews Hunting and Fishing

CNBNews Sports

List of Winners, 2020 Deer Classic All-time Top 10 List

EDISON, NJ–The annual

Garden State Deer Classic, held January 9 to January 12,

featured outstanding white-tailed deer harvested during the previous year\’s hunting seasons and recognized the

hunters who took them

. The deer were entered in the

Outstanding White-tailed Deer Program

.

The Deer Classic was held at the

Garden State Outdoor Sports Show

at the

New Jersey Convention & Expo Center

in Edison.

The 2020 show and Deer Classic was

an event ideal for sportsmen and sportswomen and for exhibitors, drawing 40,000 sporting enthusiasts.

The Deer Classic is jointly sponsored by the NJDEP Division of Fish and Wildlife, the

New Jersey State Federation of Sportsmen\’s Clubs

,

United Bowhunters of New Jersey

, and the

Garden State Outdoor Sports Show

.

A highlight of the Classic each year is a stunning display featuring some of New Jersey\’s largest bucks. The 2020 event culminated in an awards ceremony on Sunday, January 12.

2020 Deer Classic winners assemble with their deer.

Click to enlarge

As part of the Deer Classic, division biologists are present the entire time to answer questions and discuss management strategies, goals and issues. Hunting and fishing equipment manufacturers\’ pro-staffers, division biologists and others also conduct seminars on various topics.

For information visit the

Garden State Outdoor Sports Show website

.

List of Winners, 2020 Deer Classic

(pdf, 215kb)

2020 Winners Photo

Winners of the 2019 Deer Classic

(pdf, 140kb)

2019 Winners Photo

Winners of the 2018 Deer Classic

(pdf, 125kb)

2018 Winners Photo

Winners of the 2017 Deer Classic

(pdf, 90kb)

2017 Winners Photo

Winners of the 2016 Deer Classic

(pdf, 90kb)

2016 Winners Photo

Winners of the 2015 Deer Classic

(pdf, 55kb)

2015 Winners Photo

Winners of the 2014 Deer Classic

Winners of the 2013 Deer Classic

Winners of the 2012 Deer Classic

Winners of the 2011 Deer Classic

Winners of the 2010 Deer Classic

Winners of the 2009 Deer Classic

Winners of the 2008 Deer Classic

Winners of the 2007 Deer Classic

Winners of the 2006 Deer Classic

Winners of the 2005 Deer Classic

Winners of the 2004 Deer Classic

Winners of the 2003 Deer Classic

Outstanding Deer Program and All-time Winners Lists

CNB Hunting/Fishing News NJ: Species on the Edge 2.0 Social Media Contest

CWF invites high school students from across the state to submit a series of original social media posts showing why it is important to protect wildlife in New Jersey.

Register by February 28, 2020. Contest runs March 1-8, 2020.

The fun and educational

Species on the Edge 2.0 Social Media Contest

capitalizes on high school students\’ expertise with social media platforms and provides them with the opportunity to showcase their talent, creativity, and love of nature.

Students will create their own original content (for example: video, text, photograph, computer graphic) or use existing Conserve Wildlife Foundation content to create a series of posts focusing on a vulnerable New Jersey species that CWF helps protect.

The contest helps to develop students’ experience in STEAM (Science, Technology, Engineering, Art and Mathematics) and apply critical thinking and project management skills.

Best of all, it’s

free

– and gives students the chance to win prizes! All entries will be eligible to win a day in the field with a wildlife biologist.

1

st

place wins $1,000

2

nd

place wins $500

3

rd

place wins $250

Read the contest kit

for details on entering, judging and rules.

Apply online

, or use the form in the kit, by February 28, 2020.

Species on the Edge 2.0 Contest Kit 2020

271.8KB

Species on the Edge 2.0 Contest Kit 2020

In order to participate, the completed

entry form

must be submitted by Friday, February 28, 2020.

Social media posts must run between March 1, 2020 and March 8, 2020 at midnight.

For more information

email

Ethan Gilardi.

NRA-ILA: Bloomberg Dismisses Texas Hero

Insists It Wasn’t His “Job” to Have a Gun or Decide to Shoot

SUPPORT NRA-ILA

Jack Wilson – a 71-year-old congregant of the West Freeway Church of Christ in White Settlement, Tex. – is a hero to most Americans. When a deranged man savagely murdered two of Mr. Wilson’s fellow worshippers during a service at the church on Dec. 30,

Wilson took swift action

. He exposed himself to danger to deliver a single shot from his lawfully carried handgun

that instantly ended what undoubtedly would have been even more terrible carnage among the hundreds present.

Other congregants were also seen producing lawfully carried handguns in response to the threat. Several closed in on the fallen assailant to ensure he was neutralized. None of them panicked or acted rashly and no errant shots were fired.

The entire episode was over in six seconds and was captured on the church’s livestream.

The evidence is inescapable and available to anyone who cares to view it. Anybody who has ever tried to justify a public policy proposal on the grounds that it could save “just one life” is now on notice that lawful concealed carry saved many lives in just that one episode.

Yet one person who did not bother to watch the video or acquaint himself with the facts is Democrat presidential contender Michael Bloomberg.

Commenting on the incident

at a campaign stop in Montgomery Ala., Bloomberg did not mention Jack Wilson’s name. Bloomberg did not even acknowledge that the events depicted in video and widely reported in the media – including on

Bloomberg’s self-named news site

– were authentic.

But if they were, he huffed, it didn’t change his mind that only the police (which apparently include the current and former officers on his own armed protection detail) should be able to carry firearms in public.

“It may true, I wasn’t there, I don’t know the facts, that somebody in the congregation had their own gun and killed the person who murdered two other people,” he said. “But it’s the job of law enforcement to, uh, have guns and to decide when to shoot.” He continued, “You just do not want the average citizen carrying a gun in a crowded place.”

In the best-case scenario, responding police would still have been minutes away from the violence breaking out in the West Freeway Church of Christ. The shotgun-wielding assailant could have killed many more people in that time had he not faced armed resistance of his own.

But Bloomberg’s own words indicate he would consider that an acceptable price to pay to vindicate his arch-statist and anti-constitutional view that the government should have a complete monopoly on the lawful use of lethal force.

What, in Bloomberg’s mind, make police the only people who can be trusted with firearms?

Does he feel that only law enforcement can effectively and safely use firearms?

Jack Wilson answered that question on Dec. 29, 2019, by delivering a single, precise shot at 15 yards that felled its target and only its target, saving innocent lives.

But somehow that’s still not good enough for Michael Bloomberg because Wilson is not an active-duty police officer.

What lesson are we supposed to learn from Bloomberg’s response to the White Settlement events, other than who shoots whom isn’t as important to him as who gets to decide who lawfully wields lethal force?

Are you willing to helplessly take one for Team Bloomberg’s scheme of law and order if you end up in the wrong place at the wrong time?

Note that Michael Bloomberg isn’t taking that risk himself; his payroll includes plenty of armed men to keep him safe.

The Second Amendment is your guarantee that you need not take the risk either, which is why Michael Bloomberg’s worldview cannot be reconciled with that fundamental liberty.

This stands in stark contrast to President Trump, who understands exactly what the right to keep and bear arms is all about and unabashedly respects that right.

“It was over in 6 seconds thanks to the brave parishioners who acted to protect 242 fellow worshippers,”

President Trump tweeted on Dec. 30

. “Lives were saved by these heroes, and Texas laws allowing them to carry guns!”

DNREC Fish & Wildlife Police Blotter: Dec. 30 – Jan. 5

Reminder for the week: Hunting guides require guide license

DOVER (Jan. 10, 2020) – To achieve public compliance with laws and regulations through education and enforcement actions that help conserve Delaware’s fish and wildlife resources and ensure safe boating and public safety, DNREC’s Fish & Wildlife Natural Resources Police officers between Dec. 30 – Jan. 5 made 1,169 contacts with hunters, anglers, boaters, and the general public, issuing 23 citations. Officers responded to 48 complaints regarding possible violations of laws and regulations or requests to assist the public. A Fish & Wildlife Natural Resources Police presence continued at the C&D Canal Conservation Area and Michael N. Castle Trail.

Fish & Wildlife Natural Resources Police Actions

On Jan. 4, Fish & Wildlife Natural Resources Police officers arrested Zachary Dittmar, 35, of Felton, for one count each of hunting antlered deer during closed shotgun season, failure to purchase a hunter choice tag prior to killing an antlered deer, failure to tag antlered deer, and failure to consume or utilize game animal near Harrington. Dittmar was arraigned through Kent County Justice of the Peace Court 7 and released on his own recognizance, pending a future court appearance.

Citations issued by category, with the number of charges in parentheses, included:

Wildlife Conservation:

Hunting antlered deer during closed shotgun season (1), failure to purchase a hunter choice tag prior to killing an antlered deer (1), failure to tag antlered deer (1), failure to consume or utilize game animal (1), failure to check antlerless deer within 24 hours (1), removing antlerless deer parts prior to checking (1), failure to tag antlerless deer (1), failure to display required hunter orange during a firearms deer season (1), providing hunting guide services without a guide license (1), trespass to hunt (1), and hunting migratory waterfowl without required HIP number (1).

Boating & Boating Safety:

No fire extinguisher on board (1).

Public Safety:

Operating a motor vehicle without proof of insurance (1), and possession of marijuana – civil (1).

Other:

Trespassing after hours on a state wildlife area (4), trespassing after hours on a state forest (1), license forgery (1), operating an unregistered motor vehicle (1), andoperating a motor vehicle off an established roadway on a state wildlife area (2).

DNREC’s Division of Fish & Wildlife recognizes and thanks the majority of anglers, hunters, and boaters who comply with and support Delaware’s fishing, hunting, and boating laws and regulations. The Public are encouraged to report fish, wildlife, and boating violations to the Delaware Fish & Wildlife Natural Resources Police by calling 302-739-4580 or through the DENRP Tip app on a smartphone, which can be downloaded free of charge by searching “DENRP Tip” via the Google Play Store or the iTunes App Store. Wildlife violations may also be reported anonymously to Operation Game Theft by calling 800-292-3030, going online to

http://de.gov/ogt

, or using the DENRP Tip app. Verizon customers can connect to Operation Game Theft directly by dialing #OGT.

Are you AWARE?

All individuals receiving a monetary fee or other compensation for providing personal hunting guide services to hunters are required to have a Delaware hunting guide license. Hunting guide license holders must be 18 years of age or older. Persons acquiring a hunting guide license must not have been convicted of any wildlife or fisheries violations within the last three years prior to applying for the license.

All persons possessing a Delaware hunting guide license are required to complete and submit an annual report to the Division within seven days after the close of the hunting season to include the following information, which must be readily available for inspection by Fish & Wildlife Natural Resources Police officers: full name of each hunter; address of each hunter in the party; hunting license number for each hunter; date, number, and species of each animal harvested; location of hunts; and the name and license number of the guide. The guide must retain hunting field records for three years.

Murphy Signs Bill That Bans Shark Fins

Yesterday, Murphy signed S2905 (Singleton), which prohibits certain possession, sale, trade, distribution, or offering for sale of shark fins.

“The shark population has been decimated. This legislation will go a long way toward helping protect them in New Jersey. Shark finning has led to the overfishing and overexploitation of shark species. Since shark fin soup is a delicacy, the fins are sold at high prices resulting in tens of millions of sharks being killed every year. This has led to a dramatic decrease in the shark population with some species like the smooth hammerhead dropping a staggering 99% since 1972. When sharks are removed from an ecosystem, it triggers a collapse in the entire food web and can lead to problems with our own marine food sources,” said Jeff Tittel, Director of the New Jersey Sierra Club. “This law will help end the practice of shark finning that endangers the species.”

A person who violates the bill’s prohibitions against the possession, sale, trade, distribution, or offer for sale of shark fins is subject:  (1) for a first offense, to a civil administrative penalty of not less than $5,000 or more than $15,000; (2) for a second offense, to a civil administrative penalty of not less than $15,000 or more than $35,000; and (3) for a third or subsequent offense, to a civil administrative penalty of not less than $35,000 or more than $55,000, or by imprisonment of not more than one year, or both.

“By signing this bill, Governor Murphy is standing up to protect the shark population. The harvesting of shark fins is senseless slaughter. The fins are removed from the sharks while they are still alive, and then the sharks are left to die. This legislation is necessary because the practice of shark finning is brutal and unnecessary causing a rapid decline of shark species, which we may see go extinct unless we move to protect them. No one needs shark fins except sharks. This law will help preserve hundreds of ecologically important shark species and stop them from being slaughtered for soup,” said Jeff Tittel, Director of the New Jersey Sierra Club.

GUEST OPINION: NRA-Defended Lawsuit Preserves Predator Hunting in Alaska

by

Brian McCombie/NRA-ILA

Great news for hunters in Alaska: Predator hunting, in accordance with Alaska law, can continue on the nearly 77 million acres of National Wildlife Refuge land in Alaska. And the National Rifle Association (NRA) helped make this happen.

Predator hunting was threatened, thanks to a federal lawsuit brought by the Center for Biological Diversity (CBD), in CBD v. Bernhardt.  The NRA and Safari Club International and others intervened as defendants in the lawsuit and argued against the CBD’s various claims against predator hunting on Refuge lands.

“This is an important victory for hunters and I’m proud NRA was an integral part of this litigation,” said Director of Hunting Policy for NRA-ILA Erica Rhoad. “Because of this case, states will continue to have the right to manage their wildlife as they deem appropriate.”

Hiking lead staff members of the U.S. Fish and Wildlife Service\’s Alaska Region to a large caribou herd in the Arctic National Wildlife Refuge. (Image by Danielle Brigida, USFWS.)

According to Associate Litigation Counsel for NRA-ILA Michael Jean, the genesis of the lawsuit goes back to August 2016, when the U.S. Fish and Wildlife Service, under the U.S. Department of The Interior (DOI), promulgated a rule that limited predator hunting—hunting that was otherwise authorized by state law—on National Wildlife Refuge land in Alaska. As reported by this NRA Hunters’ Leadership Forum website,

“not only did the Obama Administration’s blatant overreach counter America’s lauded state-based wildlife conservation

practices. It was also at odds with Alaska’s constitutional mandate to manage its fish and wildlife under the principles of sustained yield. Just as important, the difference between Alaska and other states is that many Alaskans subsistence-hunt for survival.”

However,

in accordance with the Congressional Review Act, as reported by NRAHLF.org, the DOI submitted that rule to Congress

. Then, in February 2017, Congress passed and President Trump signed H.R.J. Res 69 into law. H.R.J. Res 69 rescinded the DOI rule that limited predator hunting, prohibiting the DOI from promulgating a substantially similar rule in the future, allowing hunting to continue in accordance with Alaska law.

CBD challenged both H.R.J. Res 69 and the Congressional Review Act under the “Take Care” clause of the U.S. Constitution, which directs the Executive branch to take care and faithfully execute the law. CBD\’s argument was that because Congress did not directly amend any substantive law, the DOI didn’t know what the law was and could not faithfully execute it. The lawsuit launched by CBD named current DOI Secretary David Bernhardt as the defendant.

This grizzly was spotted from a camp on the Sheenjek River in the Arctic National Wildlife Refuge. (Image by Alexis Bonogofsky, USFWS.)

In May 2018, U.S. District Judge Sharon L. Gleason dismissed the suit in its entirety, relying on arguments made by the NRA and SCI.  CBD appealed.

Yesterday, on Dec. 30, a three-judge panel of the Ninth Circuit Court of Appeals affirmed that ruling dismissing all of CBD’s claims.

According to Courthouse News Service,

the judges “found that the Center for Biological Diversity failed to make a valid argument

that Congress violated the constitutional balance of powers when it passed a 2017 joint resolution allowing certain hunting techniques to be reinstated throughout Alaska’s expansive wildlife refuge system.”

The article also noted, “Because Congress properly enacted the joint resolution, and therefore validly amended Interior’s authority to administer national wildlife refuges in Alaska, Congress did not prevent the president from exercising his constitutional duty to faithfully execute the laws,” wrote U.S. Circuit Judge Sandra Segal Ikuta on behalf of the panel. “Indeed, the president now has the constitutional obligation to execute the joint resolution.”

The legal precedent here is important, too, as it can be used to keep National Wildlife Refuge hunting regulations in accordance with host states’ hunting seasons and regulations.

Follow NRA Hunters\’ Leadership Forum on Twitter @HuntersLead.

About the Author:

Brian McCombie is a field editor and editorial contributor for the NRA\’s American Hunter. He writes about firearms and gear for the NRA\’s Shooting Illustrated website, as well as handling public relations and marketing for companies and manufacturers in the shooting sports industry. He is a member of the National Rifle Association and the National Shooting Sports Foundation. Brian likes hunting hogs, shooting 1911s chambered in 10 mm and .45 ACP, watching the Chicago Bears and relaxing with his two cats, Peanut Morgan and Simon.