A Warning For Semi-Free Americans

California defending its unconstitutional gun control laws is nothing new. They write laws intended to strip law-abiding citizens of their Second Amendment rights while simultaneously writing laws to keep criminals from being punished and releasing those who are already in jail. When these laws are challenged, activist judges put in place by extremist politicians rubber stamp them with some of the most outrageous legal rational to ever come out of a court. 

After having their laws against so-called large capacity magazines (LCMs) ruled unconstitutional at the District Court and with a three-judge panel on the Ninth Circuit Court of Appeals in the case of Duncan v. Becerra, California has requested a hearing by an en banc panel. Nothing new here, it’s the state just prolonging the fight and running up the bills for the opponents. But what might have gone unnoticed is the 18 Attorneys General who sent a friend-of-the-court in support of California’s law. While some of these states already have a form of magazine restrictions in place, others do not. If you live in one of these states, what do you think this means for the future of your standard capacity magazines?

Attorneys General from Washington D.C, Connecticut, Delaware, Hawaii, Illinois, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, New York, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia, and Washington all signed onto the brief. 

Of the states with magazine restrictions, most limit them to 10 rounds, a couple are 15 or mixed 10 & 15 for rifle & handgun. Others, like New Jersey, were at 15 and recently cut that to 10. A couple of these states have “grandfathered” clauses which allow those who possessed them to keep them after the law change. Of course, we all know that “grandfathered” just means deferred confiscation as California residents found out when the state changed its mind on legally possessed “grandfathered” magazines and decided they were now illegal. 

The other states, Delaware, Illinois, Michigan, Minnesota, New Mexico, Oregon, Pennsylvania, Virginia and Washington do NOT have laws against so-called large capacity magazines. BUT… their Attorney General supports them. What do you think this means for the future of magazine capacity laws? It means sooner or later, like it or not, these states WILL restrict magazines to 10 rounds. 

Why 10 rounds? There really isn’t any rhyme or reason to it. 15 was apparently too many and seven as implemented and ruled unconstitutional in New York was too few. There certainly isn’t any science or research to support it. If you read the rational from extremist gun control think tank & quasi law center, you see how careful wording is used to justify it. It explained how few self-defense shootings “needed” more than 10 rounds and how many firearms from unlawful shootings were found with “large capacity magazines”. No mention of the fact that more rounds HAVE in fact saved the lives of law-abiding citizens or the ACTUAL number of shots fired by criminals, just the capacity of their magazines. Facts matter, unless you’re trying to infringe on constitutionally protected natural rights. 

California argues to the Court that the majority of citizens voted for Proposition 63 which, among other gun control measures, outlawed magazines with a capacity greater than 10 rounds, and as such should be considered valid. Of course, this has ZERO bearing on the legality of this case, and that’s a very good thing. 

Despite the popular misconception, the United States is not a democracy, it is a republic, or better known as a democratic republic. The distinction is critical.  In a democracy, the majority rules on every issue and there are no protections for the minority opinion. If 51% of the population decides there is no right to free speech, then there is no right to free speech, period. 

In a republic, there is a constitution which protects certain inalienable rights that cannot be taken away by the government, even if a majority of the population votes for it. So even if 99% of the population votes there is no right to free speech, then the law is unconstitutional and invalid. 

The Attorneys General friend-of-the-court brief is much the same argument. 18 party loyal extremist prosecutors who don’t believe the Second Amendment right to a standard capacity magazine exists for the average citizen believe their opinion should sway the court.  Guess what, it means DIDDLY SQUAT!! But then again, this is the 9th Circuit, so any extremist view will likely be taken into consideration. 

Where do these Attorneys General opinions matter? In your home state. These are the people who will help draft the anti-standard capacity magazine legislation and give it their stamp of approval. These are people who will lobby the legislature from within to get this law on the books. These are the people who will ensure law-abiding citizens who defy them are prosecuted to the full extent of the law as an example to others. This is YOUR Attorney General. 

Why am I directing this as a warning to semi-free Americans? Because if your state has already started down the gun control path, this is in your future. Gun control starts slowly with the least objectionable, easiest to pass infringements like universal background checks. After all, who could object to something that will keep firearms out of the hands of criminals? It doesn’t matter that the universal background checks have been shown to be completely ineffective means of curbing crime or violence, it’s a toe in the door to more infringements.

While the Duncan v. Becerra directly relates only to California’s magazine ban, it would provide precedent for other western states to appeal their magazine bans, and indirectly those in the rest of the country. While this is important, I’m going to repeat what I’ve said time and time again.

It’s a fool’s errand to believe that once a law has been enacted, it can successfully be drawn back. Of the thousands of gun control laws passed around the country, precious few are successfully appealed and reversed. The best way – the ONLY way to stop them is to prevent them from being enacted in the first place.  And the only one who can do that is you.

If you live in Delaware, Illinois, Michigan, Minnesota, New Mexico, Oregon, Pennsylvania, Virginia or Washington, your Attorney General has already cast his vote on your Second Amendment rights. It’s time for YOU to cast your vote to stop them. 

Vote wisely.

Bob

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Not Well-Suited for Self-Defense?

As expected, the State of California filed an appeal of the U.S. Court of Appeals for the Ninth Circuit three-judge panel that upheld the ruling that the State’s ban on Large Capacity Magazines (LCM) was unconstitutional in the case of Duncan v. Becerra. Nothing about the request for a rehearing by an en banc panel was a surprise, from the arguments being made to the appeal being filed on the final day. California will do anything and everything to protect one of its signature gun control measures and bleed the opposition dry while doing it. And just because you’re not from People’s Republik of Kalifornistan doesn’t mean this case shouldn’t be important to you. 

All of the materials, filings and rulings on this case are available at the link below. It’s worth your time to read and understand what is going on since California likes to export its bad, expensive and unconstitutional policies to the rest of the country. 

There are a few things I found particularly interesting in the State’s Petition for Rehearing En Banc.

First, the State sees no reason or need for any civilian to have so-called large capacity magazines. In fact, the filing indicates “The record here demonstrates that LCMs are not well-suited for self-defense.” It rationalizes that Californian’s can have as many 10 round magazines as they want, and (currently) as much ammunition as they want. 

The photo that accompanies this article is from a home security system in a Fremont, CA home invasion burglary on August 28, 2016. It shows five armed men coming into the house, at least one carrying a handgun with a magazine extending below the pistol grip, a LCM. Fortunately, the residents were not home at the time. Even if the resident was armed with a California 10 round magazine, he would most certainly have been killed in this encounter. In this burglary the homeowner was able to call the police while watching the burglary on his home cameras remotely. Unfortunately, the armed home invaders left before the police arrived and were not caught.

The State has never explained why a so-called LCM is not-well suited for self-defense, but it’s the exact opposite of the training and advise of every reputable self-defense instructor I’ve ever known, including my own. It has also never offered any explanation why 10 rounds is the magic, safe enough for civilians number, but 11 is way too dangerous. 

Let’s also keep in mind that in some places like New York City, firearms that simply have the capability to accept a so-called LCM are banned. So, if even one magazine is made for it with a capacity over 10 rounds, the firearm itself is banned.

The State also references the Fyock v. Sunnyvale, a local California ordinance banning magazines with a capacity of more than 10 rounds, which was upheld by a three-judge panel, as a binding precedent. 

There are several issues that come from Fyock, not the least of which is that California does not have a preemption law banning local jurisdictions from passing their own more restrictive firearm regulations. As we’ve seen in states without preemption, this results in a patchwork of laws throughout the state that are impossible for any law-abiding citizen to understand or comply with. Virginia recently removed its preemption for firearm regulations and now anti-gun cities are drafting unique and highly confusing laws regulating use and possession within its borders. 

Fyock was also decided under what is known as Intermediate Scrutiny, which is what the State believes is the correct level for Second Amendment cases. Duncan’s ruling utilized Strict Scrutiny. 

A quick note on Rational-Basis, Intermediate Scrutiny, and Strict Scrutiny

Under Rational Basis the government must have a legitimate interest and the law must be “rationally related” to the interest. 

Under Intermediate Scrutiny, the government must have an important interest and the law must be substantially related to the interest. 

Under Strict Scrutiny, the government must have a compelling interest and the law must be narrowly tailored to the interest.

Note that the likelihood of a law being overturned increases as the level of scrutiny increases. Few government laws survive a Strict Scrutiny test since they are generally far broader than need be. 

The argument for the use of Strict Scrutiny review of Second Amendment cases has been going on for years. Government agencies don’t like that because it severely restricts their regulatory powers, something most of us would argue is appropriate in a case involving the Bill of Rights. 

For the next step, the 11-member en banc panel to hear this will be randomly drawn from the Nineth Circuit Court of Appeals. While there has been significant progress in helping to balance the court with justices appointed by the current Presidential administration, it still has a 16 to 13 liberal slant. Of course, that ANY judge should be considered liberal vs. conservative is absolutely asinine. The law, the Constitution, the Bill of Rights should be interpreted by every judge each and every time WITHOUT regard for political party platforms, but that’s a topic for another time. For this case, the outcome will likely be decided by the draw instead of the legal arguments in the case. 

Why is this case important? A successful appeal by the State reverses the initial District Court ruling and magazines with a capacity higher than 10 rounds are once again illegal in California. The only hope for a reversal comes from the United States Supreme Court which has not been willing to hear Second Amendment cases. 

In the unlikely event of Duncan being upheld, the State will have to decide if it wants to risk an unsuccessful appeal to the Supreme Court where it has the potential to impact magazine bans around the country or find another way to restrict them in California. 

However, in my opinion the most important thing this case points out is the importance of our local and state elections. Laws like this are enacted by the people we elect to office. When we elect gun control politicians, we enable them to restrict our Second Amendment protected rights and the only recourse we have is to have them overturned in the courts. 

And guess what, you and I are paying for both sides of this fight. Our taxes pay for the lawyers to defend the laws that take away our rights and our dues and donations pay for the lawyers to try to get them back. The only ones who win regardless of the outcome are the lawyers. 

It’s a fool’s errand to believe that once a law has been enacted, it can successfully be drawn back. Of the thousands of gun control laws passed around the country, precious few are successfully appealed and reversed. The best way – the ONLY way to stop them is to prevent them from being enacted in the first place.  And the only one who can do that is you.

Vote wisely this year. 

Bob

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Evidence-Based Solutions?

There’s been a subtle change of late in the rhetoric from the anti-gun zealots. Added to the typical “common sense” and “public safety” gun control message. They’ve added the term of “evidence-based solutions” to their new and improved do-nothing regulations to outlaw guns and get them out of the hands of law-abiding citizens. Where does this come from? It’s from the gun control idea factories they call gun violence research centers, and you are the one making it all possible. 

Federal funding of so-called gun violence research has long been restricted, and for very good reason. Those who set up these restrictions knew that whomever controlled the research funding would control the research results themselves. True, non-biased scientific research is extraordinarily difficult, especially these days since many who are willing to provide the funding also have an agenda they want the research to support.  This is the situation we find ourselves in now here in California with taxpayer funding of the California Firearm Violence Research Center at the University of California Davis. 

California prides itself on being at the forefront of draconian gun control efforts under the self-perpetuating belief that less – leading to zero – guns in the hands of law abiding citizens will make the public safer from thugs, gangs, criminals and terrorists. In fact, the state’s policies are now focusing on turning as many law-abiding firearm owners in to criminals as possible in order to weed their lawful ownership out of their ideal society. 

When California first decided to use our tax dollars to fund gun violence research, I thought it was just another means to justify their ludicrous laws that do nothing to decrease crime or increase public safety. But quite honestly, they’ve never needed anything to back up their ideas. And as for justification, they’ve got their hand-selected activist judges of the United States Court of Appeals for the Ninth Circuit – who are more interested in advancing social agenda than the rule of law – to rubber stamp their every whim and rule it Constitutional.  What they’ve needed was an idea-generating factory. Under the pretense of research, it’s a way for lawmakers to make more laws to restrict the presence of legal firearms.

Even the charter of California’s new gun control research center reveals the implicit bias. They are only concerned with gun violence instead of the causes and factors of all violence. Gun violence is simply a subset of the overall violence problem in our country, and solving that requires solving a host of other societal issues, including education, employment, criminal justice and mental health. Solving gun violence – at least from their point of view – is easy; just get rid of legally owned guns. 

We’re already starting to see the results of this so-called research sneak into California laws. Penalties for minor non-firearm/non-violence alcohol related offenses are beginning to include bans on firearm ownership. Why? An association between alcohol related offenses and firearm related offense has been ‘discovered’. Most honest researchers understand the fallacy that correlation does not imply causation, otherwise known as cum hoc ergo propter hoc. Yet the California Future Crimes Division is willing to revoke your Second Amendment rights based solely on this dubious body of so-called research. 

Just in case you’re curious about some of the things you won’t see coming out from the California Firearm Violence Research Center: 

  • Law-abiding citizens use legally owned firearms to prevent and stop crimes at a rate of three times more than firearms are used feloniously in this country, to the tune of 2.5 to 3 million times per year. 
  • 98% of all mass shootings in the United States since 1950 have occurred in gun free zones.
  • Concealed carry permit holders are convicted of misdemeanors and felonies at less than a sixth the rate for police. 
  • Crime and violence rates – including gun violence rates – are highest in the states and municipalities with the most restrictive gun control laws. 

So whenever you hear the new gun control mantra of evidence-based solutions to gun violence, understand where their “facts” are coming from. And understand the very same people who want to take your Second Amendment rights have no interest in solving any of the underlying societal problems that cause crime and violence. They just want to take away your firearms and call it a win for “pubic safety”. 

Do you feel safer yet? 

Bob

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Assault Style Weapons

Despite no single definition of what a so-called “assault weapon” is, our elected representatives are wasting no time trying to ban whatever an “assault weapon” is.  Of course the ambiguity of what is and isn’t an “assault weapon” is one of it’s biggest advantages. By leaving the definition open to endless interpretation and addition, it can evolve to include just about every firearm, which is the intended purpose. What is just another legal firearm today is tomorrow’s illegal deadly and too dangerous in the hands of civilians “assault weapon”.  What a wonderful time to be an anti-gun zealot! 

As a little bit of history, the original assault weapon ban came to us from the great (gun hating) State of California. Enacted in 1989, it banned over 50 specific brands and models of rifles, pistols, and shotguns. This list is now referred to as Category One assault weapons. Category Two and Three followed, and the latest version is now the Bullet Button Assault Weapons. Each iteration of the law added more and more firearms to the banned list. Californians who owned them prior to their cut off dates could keep them as long as they were registered. Registration came with significant restrictions including not being able to sell them or pass them down to descendants. 

Since then, other states and the federal government have passed assault weapons bans. The federal ban passed in 1994 sunsetted in 2004 and was not renewed. The same cannot be said for the state laws. 

What is now considered an “assault weapon” varies by state. When banning individual makes and models wasn’t effective, a “features” test was added to the laws. This typically spells out innocuous ‘evil features’ such as a pistol grip, adjustable buttstock, flash suppressor or even a bayonet lug (because drive by bayonetting is apparently a concern). However this too is becoming ineffective in the eyes of the gun controllers and we now find assault weapon laws being written to include ALL semi-automatic rifles, pistols and shotguns of all calibers. 

Even the new Federal Assault Weapon Ban of 2019 introduced by California’s senior Senator, the author of the original Federal Assault Weapon Ban, includes some upgrades to include more firearms. Specifically, it: 

  • Bans firearms containing a detachable magazine and one or more “military characteristics”.
  • Bans stocks that are “otherwise foldable or adjustable in a manner that operates to reduce the length, size or any other dimension, or otherwise enhances the concealability of a firearm.”
  • Bans assault pistols that weigh 50 or more ounces when unloaded.
  • Bans assault pistol stabilizing braces that transform assault pistols into assault rifles by allowing the shooter to shoulder the weapon and fire more accurately.
  • Bans Thordsen-type grips and stocks that are designed to evade a ban on assault weapons.

Of the notable inclusions are so-called “assault pistols”, a definition that now encompasses some large regular pistols and considering a pistol stabilizing brace as something that turns an “assault pistol” into an assault rifle – which is a completely different class of firearm. By calling out Thordsen-type grips and stocks, it’s clear than even firearms converted or originally designed to be free of all evil features – featureless rifles – they too will be considered an “assault weapon”. 

If you can call any part of having your Second Amendment rights slowly but surely infringed amusing, it’s the logic applied to these laws. 

Assault weapons are always referred to as being “high-powered” when in reality they are considered intermediate.  

Assault weapons are not useful for hunting despite being “high-powered” and actually being used widely for smaller game.

Assault weapons are called “weapons of war” when no army in the world fields a semi-automatic version of these rifles. 

Assault weapons are not suitable for home defense when in reality the size, configurability, ease of use and intermediate cartridge size makes them ideal, something millions of Americans have already discovered. 

One politician in making the point that there is no need for “assault weapons” pointed out that many other rifles can do the exact same thing as an “assault weapon”. 

Then of course there is the inconvenient truth that more homicides are committed in this country by knives or cutting instruments OR personal weapons (hands, fists, feet, etc.) OR blunt objects (clubs, hammers, etc.) than ALL rifles – a category which includes the most widely used definitions of “assault weapon”.  

Law-abiding Americans use firearms of all shapes, sizes and configurations every day to defend themselves and their families at a rate of three to one over the felonious use of firearms. 

It’s time to stop this moronic assault on our Second Amendment rights. 

Bob

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Eliminating Firearm Retailers

Following the lead of other gun hating / gun control states, the freshly elected Democratic Governor of Illinois has signed a new Gun Dealer Licensing law. Not content with firearms retailers already being one of the most heavily regulated industries, closely monitored by the ATF (Alcohol, Tobacco, Firearms & Explosives), the new governor has created a licensing scheme guaranteed to do one thing and one thing only, eliminate firearm retailers in the State of Illinois. 

The purported intent of this law is to enhance “responsible business practices” and uses as justification that the ATF is far too busy to keep a close enough eye on Illinois’s approximately 2400 Federal Firearm Licensees (FFLs). It also claims the ATF lacks the authority to enforce the kind of “responsible business practices” the State of Illinois thinks should be implemented on the state’s firearm retailers. 

Among the many things the $1500 five year state license gets a firearm retailer are increased record keeping requirements including electronic inventory and sales records linked to the State, the need for increased security systems including 90 days storage of video surveillance – reviewable by law enforcement at any time, mandatory training and annual in-service training for the owner and all employees, interviews for approval from the State, the right of denial by the local law enforcement agency, specifically worded legal signage in one inch high letters, state mandated zoning limitations and of course, unannounced inspections and review of all business operations.  All additional cost and administrative burdens firearm retailers must now bear. 

Like most gun control measures, this is being sold as a “public safety” law without any proof that any of the things it requires will actually increase public safety. It all plays into the myth that firearm retailers are the cause of violent crime solely because they legally sell firearms. 

Ignored are numerous statistics proving criminals don’t buy their guns legally. Even the recent study by the U.S. Department of Justice (DOJ) has found that the vast majority of criminals armed with firearms obtained their guns from a place other than a gun shop or gun show.  The evidence revealed that only 1.3 percent of prisoners who committed crimes with firearms had obtained them through a retail sale.

The Illinois State Rifle Association and the National Rifle Association have called this unprecedented and have promised a lawsuit.  Unfortunately, it’s a little too little, a little too late.  The precedent has already been set by other states. 

For those of us who work in the firearms industry in California, this is old news. The State has long since licensed firearm retailers and by implementing its electronic DROS (Dealer Record of Sale) system has registered the buyer, seller and firearm information of every transaction for years.  

But wait, there’s more!! The Illinois Gun Dealer Licensing law specifically calls out that there is nothing that prevents local jurisdictions from implementing further restrictions and regulations. Again, this is nothing new to those of us in California. 

Local anti-gun cities have been enacting their own firearm retailer licensing schemes, each with redundant or additional security, record keeping and inspection requirements. All of which require local political approval and additional costs. The justification being used is that the ATF and the State licensing agencies are far too busy to keep an eye on all the FFLs in the area. 

But that’s not all!! The latest trend in the most progressive anti-gun municipalities – my hometown included – is to funnel any new firearm retailers through the local Conditional Use Permit process, a politically based ‘feel good’ process that has no clear definitions of what is needed to be approved and can be denied just because the local NIMBY (Not In My Back Yard) crowd doesn’t want a new gun store in town. 

All of this has one purpose and one purpose only. By making it so costly, so complex and so easy to make an administrative mistake in the myriad regulations from so many licensing authorities that firearms retailers will simply be run out of business. 

The City of San Francisco, CA is held up as a model city when it comes to firearm dealers. Its comprehensive package of ordinances, designed to “ensure that local firearms dealers utilize common sense and responsible business practices”, has had the exact impact intended – the last firearm retailer in the city closed in 2015. 

The San Francisco supervisor who wrote the ordinance that finally drove the store to close had this to say: “From my perspective, if the last gun store in San Francisco wants to close its doors because of my legislation, so be it,” he said. “This store sold over 1,000 guns each year. I would much rather have a preschool or coffee store in the neighborhood than a gun shop.”

So there you have it; firearm retailers are being driven out of business one by one, state by state, community by community. Does this impact your Second Amendment rights? So far the courts have said no since you have other buying options in other communities. But what happens when they are gone too? What happens when your entire state has been purged of firearm retailers and the law says you can’t buy firearms out of state? 

If you think it can’t happen, look to our neighbors to the south. Mexico has one, and only one legal firearm retailer. The Directorate of Arms and Munitions Sales is outside Mexico City and run by the Mexican Army. Funny thing is Mexico’s Constitution also guarantees the right to bear arms. But years and years of limitations and regulations – all in the name of “public safety” have restricted firearms so heavily that almost nobody can buy one legally.  And you can see for yourself the type of “public safety” the Mexican people now enjoy. 

How “safe” do you have to feel before you help stop the erosion of your Second Amendment rights?

Bob

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