Attorney General Mark R. Herring has joined a coalition of 19 attorneys general in urging the U.S. District Court for the Southern District of New York to compel the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) to properly regulate untraceable partially-assembled “ghost guns.” In an amicus brief filed in Syracuse v. ATF, Attorney General Herring and his colleagues argue that the ATF must correct its unlawful 2015 interpretation of the Gun Control Act (GCA). Attorney General Herring and his colleagues also argue that ATF’s improper reading of the GCA effectively gave the green light for unlicensed online retailers to sell nearly-complete firearms that can easily be converted into fully-functioning weapons. They further argue that these ghost guns endanger residents of amici states and impede law enforcement’s ability to investigate and prosecute criminal activity.
“These ‘ghost guns’ are incredibly hard to trace, which makes them much easier for dangerous individuals to get their hands on,” said Attorney General Herring. “The ATF’s reckless interpretation of the law and lack of regulation could lead to more untraceable guns on our street, potentially putting Virginians and their families at risk. As attorney general, my number one responsibility is to protect Virginians, which is why I am joining my colleagues in fighting to stop the proliferation of dangerous, untraceable guns into our communities.”
From the 1980s through the early 2000s, ATF classified the core components of handguns and rifles—frames and receivers—as “firearms” subject to federal regulation if the components could be quickly and easily converted into functioning guns. In 2015, the ATF reversed course. Without offering any explanation for changing its position, ATF issued an interpretive rule stating that these rifle receivers and handgun frames were not considered firearms. As a result of this unlawful misinterpretation, an industry has sprung up in which unlicensed online retailers sell nearly-complete guns directly to consumers. These weapons, sometimes called ghost guns because they lack serial numbers and identifying marks, are untraceable and sold without background checks.
On August 26, 2020, Everytown for Gun Safety and four municipalities filed a suit against the ATF and the U.S. Department of Justice alleging that those agencies unlawfully concluded that ghost guns are not “firearms” under the GCA. In an amicus brief supporting the plaintiffs, Attorney General Herring and his colleagues are urging the court to force ATF to properly regulate ghost guns because:
• Ghost guns are prohibited by federal law: The GCA requires “firearms” to include serial numbers and purchasers of those weapons to pass a background check, among other requirements. Specifically, the statute defines “firearm” as “any weapon which will or is designed to or may readily be converted to expel a projectile by the action of an explosive” or “the frame or receiver of any such weapon.” This clearly describes the nearly assembled guns these companies are selling, which are sold without background checks and not marked with serial numbers.
• Untraceable weapons threaten public safety: ATF’s unexplained interpretation emboldened the ghost gun industry and allowed it to rapidly expand across the country. Ghost guns were virtually absent from many jurisdictions prior to the adoption of the new interpretation. Now, according to a recent report, there are 80 online sellers of partially unfinished frames and receivers, and the increase in ghost gun sales is readily apparent on the local level. [Add state/local info here, or feel free to keep the DC example: In the District, prior to 2017, the Metropolitan Police Department had never recovered a ghost gun. In 2017, MPD recovered three such weapons. In 2018, that number rose to 25, and then nearly quintupled, to 116, in 2019. Three of the ghost guns recovered in 2019 were involved in murders. That trend has continued this year, and from January 1 to May 29, 2020, MPD recovered 106 ghost guns.]
• Ghost gun dealers are using the ATF’s rule to mislead consumers: Companies that sell ghost guns have pointed to the ATF’s rule to claim their products are legal, disregarding numerous state laws that specifically ban the sale of these firearms.
Joining Attorney General Herring in filing today’s amicus are the attorneys general of Connecticut, Colorado, Delaware, Hawaii, Illinois, Maryland, Michigan, Minnesota, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Washington, Wisconsin, and the District of Columbia.
VDOT: Warren County Traffic alert for October 18 – 22, 2021
The following is a list of highway work that may affect traffic in Warren County during the coming weeks. Scheduled work is subject to change due to inclement weather and material supplies. Motorists are advised to watch for slow-moving tractors during mowing operations. When traveling through a work zone, be alert to periodic changes in traffic patterns and lane closures.
*NEW* or *UPDATE* indicates a new or revised entry since last week’s report.
Vegetation management may take place district-wide on various routes. Motorists are reminded to use extreme caution when traveling through work zones.
Traffic alerts and traveler information can be obtained by dialing 511. Traffic alerts and traveler information also are available at www.511Virginia.org.
The VDOT Customer Service Center can assist with reporting road hazards, asking transportation questions, or getting information related to Virginia’s roads. Call 800-FOR- ROAD (800-367-7623) or use its mobile-friendly website at my.vdot.virginia.gov. Agents are available 24 hours a day, seven days a week.
Front Royal Main Street eatery changes ‘Yappy Hour’ day from Friday to Monday, updates menu
One of Main Street’s popular restaurants recently underwent a name and menu change and also switched the day it devotes to “Yappy Hour.”
During the past couple of years, ViNoVa owner Rachel Failmezger and executive chef Chris Kenworthy featured a tapas menu similar to a Spanish favorite, now moving along to an Italian-Mediterranean style of cooking and changing its long-running “Yappy Hour” from Friday evenings to Mondays (4-6 p.m.). Restaurant hours of operation also have been amended, noon to 10 p.m. Sunday through Thursday (closed Tuesday) and noon to midnight Friday and Saturday.
The restaurant’s new name retains its original “ViNoVa” with the added words “Mediterranean Bistro.” The property seats about 50 and each Friday, off and on for the past decade, has helped donate thousands of dollars to the Humane Society of Warren County’s Julia Wagner Animal Shelter.
Rachel, noting differing (earlier) eating habits since the pandemic struck, suggests closing earlier than 2 a.m. better meets the needs of an expanded staff and earlier diners, as would the changed menu.
“Overall, we will be more flexible, more accommodating,” Rachel opined in a recent interview as nearby regular customers appeared to be in agreement with the menu changes. “Whatever restaurants did two years ago, they cannot do today. It’s a new age for us,” she said, mentioning that the entrees will be larger, and there will be an emphasis on lunches, particularly the quick “take out” type featuring the “Viva Bowl” in which you choose your own ingredients for an affordable $9 “to go!”
Something to remember by early birds at the Bistro: beer and wine prices are staggered starting at $3 per glass for a beer at 3 p.m., rising to $4 at 4 p.m. and then on to $5 at 5 p.m. for the rest of the evening.
Linden man arrested, charged for child abuse
On October 12, 2021, at approximately 8:20pm, Warren County Sheriff’s Office received a call about an 8-year-old juvenile walking on Freezeland Road, Linden, Virginia. The caller stated the juvenile advised them they were running away from home due to being abused by their father. Deputies responded to 78 Lookout Point Way, Linden, Virginia, where the juvenile resides to perform a welfare check. Upon arrival deputies spoke with Matthew Steven Lewis, the juvenile’s father, and made contact with the juvenile. During the welfare check, deputies observed that the juvenile had sustained multiple injuries. Deputies had Warren County Fire & Rescue respond to the residence, and the juvenile was transported to Warren Memorial Hospital for further treatment.
After the initial investigation Matthew Steven Lewis was placed under arrest for Domestic Assault (M), Child Endangerment (F), and Strangulation (F). Matthew Steven Lewis was held without bond at RSW Regional Jail, preliminary hearing is set for November 4, 2021.
Warren County Sheriff’s Office would like to thank Front Royal Police Department, Virginia State Police, and Warren County Department of Social Services for their assistance.
Social Security announces 5.9 percent benefit increase for 2022
Social Security and Supplemental Security Income (SSI) benefits for approximately 70 million Americans will increase 5.9 percent in 2022, the Social Security Administration announced today.
The 5.9 percent cost-of-living adjustment (COLA) will begin with benefits payable to more than 64 million Social Security beneficiaries in January 2022. Increased payments to approximately 8 million SSI beneficiaries will begin on December 30, 2021. (Note: some people receive both Social Security and SSI benefits). The Social Security Act ties the annual COLA to the increase in the Consumer Price Index as determined by the Department of Labor’s Bureau of Labor Statistics.
Some other adjustments that take effect in January of each year are based on the increase in average wages. Based on that increase, the maximum amount of earnings subject to the Social Security tax (taxable maximum) will increase to $147,000 from $142,800.
Social Security and SSI beneficiaries are normally notified by mail starting in early December about their new benefit amount. Most people who receive Social Security payments will be able to view their COLA notice online through their personal my Social Security account. People may create or access their my Social Security account online at www.socialsecurity.gov/myaccount.
Information about Medicare changes for 2022, when announced, will be available at www.medicare.gov. For Social Security beneficiaries receiving Medicare, Social Security will not be able to compute their new benefit amount until after the Medicare premium amounts for 2022 are announced. Final 2022 benefit amounts will be communicated to beneficiaries in December through the mailed COLA notice and my Social Security’s Message Center.
The Social Security Act provides for how the COLA is calculated. To read more, please visit www.socialsecurity.gov/cola.
Wildlife biologist to explain changes to deer hunting season during October supervisors meeting
BERRYVILLE, VA — A wildlife biologist from the Virginia Department of Wildlife Resources (DWR) has been invited by the Clarke County Board of Supervisors to talk about the significant changes to the 2021-22 deer hunting season in Clarke, Frederick, Shenandoah, and Warren counties. Fred Frenzel makes his public presentation during the Supervisors’ evening session at 6:30 p.m. Tuesday, Oct. 19. The session includes public hearings on proposed code changes. The presentation and public hearings are in the second-floor meeting room of the Berryville-Clarke County Government Center at 101 Chalmers Ct.
DWR made changes to this year’s deer season because of chronic wasting disease, Frenzel said. Chronic wasting disease (CWD) is a fatal neurological disease that can pass between deer through saliva, feces, and urine as well as through water or contaminated soil. CWD was first diagnosed in deer in West Virginia in 2005. It was first detected in Virginia in 2009, and has been reported in Fauquier, Frederick, Clarke, Culpeper, Loudoun, Madison, Montgomery, Rappahannock, Shenandoah, and Warren counties.
“As a result of chronic wasting disease, DWR made drastic changes to deer season in four of the counties I cover,” said Frenzel, the DWR district wildlife biologist for Clarke, Frederick, Shenandoah, Warren, and Page counties. He said the changes were made to mitigate the spread of CWD, noting only minor changes were made to deer season in Page.
Supervisor Doug Lawrence, who represents the Russell District, requested the Supervisors host a public presentation to address questions about the current deer season. “When they changed deer season, it caught a lot of people by surprise,” Lawrence said. “I thought our hunters should understand the rationale behind the changes.”
Clarke Supervisors have also asked Frenzel to discuss coyote bounties, game bird preserves, and Clarke’s prohibition of hunting within 300 feet of public roads.
Read about Virginia’s 2021-22 deer season at dwr.virginia.gov/hunting/regulations/deer/.
For more information about the Oct. 19 public presentation on deer hunting and/or the public hearings, contact County Administration at (540) 955-5100 or email@example.com.
RMA Interact students help clean up our community
Our local RMA Interact Club had a great experience cleaning up Kendrick Lane last week. 17 RMA middle school students participated with our very own Nancie Williams, Arnold Williams, and two faculty members. One of the most interesting items they collected was a old piece of metal, featured in a picture below!
Do you have a student in one of our local schools and want to learn more about Interact? Contact us: www.warrencountyrotary.org