Tag: #GetOnTheList

California Freedom Week V2 – NOT!

For a very brief period, law-abiding California residents were free from the draconian ammunition purchase restrictions imposed by Proposition 63. A federal judge ruled the ammunition restrictions were unconstitutional and issued an injunction.  But alas, that freedom was quickly taken away. After being denied a stay from said federal judge, the State appealed to the Ninth Circuit who issued a stay the very next night. Of course, if this was about keeping ammunition from prohibited persons as the State argues, it would be one thing. But California’s motives and design behind their so-called “ammunition background check system” are more far reaching than they admit. And it is all designed to strip more of your rights away from you. 

By the by, for those of you who don’t think this will impact you since you don’t live in California, think again. Ammunition restrictions are the future of gun control and every gun control extremist in every state wants it. 

On Thursday, April 23rd around 3:00 pm, United States District Judge Roger T. Benitez issued a preliminary injunction against the State of California in Rhode v. Becerra prohibiting the enforcement of the ammunition restrictions imposed by Proposition 63. This included the requirement for a background check for the purchase and transfer of ammunition as well as the restriction on the purchase of ammunition from out-of-state vendors delivered to the purchaser’s home. 

It is worth noting this is the same federal judge who ruled against California’s so-called “large capacity” magazine ban in March 2019. For one week before Judge Benitez issued a stay on his own ruling, Californians were free to possess, sell, purchase, trade, give and most importantly, use standard capacity magazines. Conservative estimates place the number of magazines acquired by Californians at between one and two MILLION. While selling and purchasing standard capacity magazines is once again banned while the stay is in place, the possession and use of them is still allowed in the state. 

In this case, Judge Benitez issued another masterfully worded 120 page ruling against the state, essentially picking apart the State’s argument piece-by-piece, calling out “onerous and convoluted” regulations that violate the constitutional right to bear arms. It’s lengthy, but it’s worth reading to understand the reasoning behind the injunction. A link to the document is at the end of this article. 

But the State was ready this time. The following morning, the State filed a motion to stay the preliminary injunction with Judge Benitez. It also set a time limit of 3:00 pm that day, for Judge Benitez to issue a ruling or the State would consider an appeal to the Ninth Circuit. Judge Benitez denied this motion, again with a well-crafted rejection of the State’s argument. Not to be outdone, the State did appeal to the Ninth Circuit and a stay was issued at 9:54 pm on April 24th.  Thus the duration of the stay, and California ammunition buyers freedom, lasted only about 30 hours. 

So why is this NOT about keeping ammunition out of the hands of prohibited persons? If that was the objective as the State insists, they would have adopted a simple check of prohibited persons similar to what most states use with NCIS (National Instant Criminal Background Check System). Instead, California chose to piggyback the existing DROS (Dealer Registration of Sale) system which is tied into a number of sub-systems including the error prone APPS (Armed and Prohibited Persons System).  Other than creating a system with an error rate of 16.4 % and blocking over 101,047 law-abiding citizen purchases over 10 months, it allows the state to register each and every ammunition purchase to the buyer.  Now why in the world would they want to do that? 

To answer that, look no further than previously proposed legislation in California that was unable to be implemented as the system to support it was not in place, until now. 

Limits on the amount of ammunition you can purchase in a given time period

California has long wanted to limit how many rounds you can buy in a day/week/month, etc. Cries of ‘You shouldn’t be able to walk in and buy an arsenal’ have been around for years. The state has successfully implemented limits on how many handguns and semiautomatic centerfire rifles you can purchase thanks to the DROS entries. Ammunition registration enables this. 

Limits on the type of ammunition

California has outlawed the use of lead ammunition for hunting and has proposed that ban be extended for all shooting ranges. They’ve even proposed that only lead-free ammunition, as certified by the State DOJ (Department of Justice) be available for sale. In other words, think handgun roster for ammunition. Without a registration system for all approved ammunition, this would not be possible. 

This also allows bans of other non-desirable ammunition such as so-called “assault bullets”, otherwise known as common defensive hollow point rounds, or ammunition in certain calibers such as 5.56, .223, 7.62×39 or 5.45×39, ammunition commonly used in AR or AK pattern rifles. 

Limit ammunition purchases to calibers matching your registered firearms

Let’s say of all your firearms registered with the state, none shoot 5.56 / .223. So why then would you need to purchase ammunition in that caliber? The logical conclusion from the state is you have an unregistered firearm. Never mind that it’s possible and completely legal to have firearms that were never registered or even required to be registered now, but that means the state doesn’t know about it. By limiting your purchases to firearms registered in DROS, you can either not shoot that firearm, or you have to register it to get ammo for it.  

Ammunition bans and restrictions are the new promised land in the world of gun control since firearms without ammunition are just expensive clubs. They also know this area is currently very lightly regulated and small, incremental steps to restrict and eliminate it, such as licensing ammunition vendors, restricting internet purchases with consumer direct shipments, background checks and registration will dramatically increase the costs and give them more control over how much ammunition you can have and use.  

Of course, you can’t help but appreciate this short-lived ammunition law injunction being a cruel joke on so many levels. Not only did it only last for about 30 hours, but it occurred at a time when a lot of Californians were out of work and didn’t have any money, many of state’s guns stores were closed as non-essential, ammunition was scarce because of the panic buying over the last month and what was available was priced so high it wasn’t affordable.

As with all legal cases, this one will not play out for years to come. During this time, California resident’s Second Amendment rights will continue to erode and the only ones enjoying the ride will be the lawyers. The ONLY way to keep this from happening again in other states is to STOP electing people who will not protect our natural, Constitutionally protected rights. 

Bob

https://michellawyers.com/wp-content/uploads/2020/04/2020-04-23-Order-Granting-MPI.pdf

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United Socialist States of America

In a little over a month into our nation’s response to the COVID-19 pandemic, we’ve seen our entire economy shut down resulting in 26.5 million Americans, representing 20.6% of our workforce, losing their jobs.  It is currently the highest level of unemployment in our country since 1934 following the Great Depression. With each passing week of our workers being locked in their homes and out of their jobs, it becomes worse. You would think at a time like this our government would be doing everything they can to get us back to the robust economy we had before. Instead, what we have seen is a systematic loss of our rights, our jobs, our freedom and our way of life as opportunistic, power hungry politicians have seized the chance to implement extreme progressive changes they could never have done before without this crisis. The mantra of “never let a crisis go to waste” is quickly turning our nation into the United Socialist States of America. 

At first, the media stoked fear of COVID-19 convinced us that the only way to effectively react to this unknown was to shut down the country except for so-called “essential services”. The first hints of socialist favoritism came when the definitions of essential services varied across the nation. Large and small communities alike granted themselves extraordinary powers to shut down commerce, restrict purchases of goods and services and even permanently seize private property. Statewide restrictions followed and the essentials list grew more restrictive, even to the point of what products could be purchased. Shortages of basic food and other staples spread across the nation. While big box, large chain stores were allowed to remain open, smaller family owned businesses were forced to close. Permitted commerce now only benefits these large stores. 

Health care was limited to essential, COVID-19 relates services. Any other health services are prohibited. Hospitals were cleared out and huge field hospitals were constructed in preparation for the huge influx of patients that never arrived. 

At the same time, shelter-in-place and stay-at-home orders were introduced and it became a crime to leave your house except for a strictly defined list of essential needs. Travel outside your immediate neighborhood was outlawed. Travel between some states was restricted. Roadblocks on the highways questioned everyone with out-of-state plates. National Guard troops in one state went door-to-door looking for out-of-state residents who had left their home state.  Those breaking the rules have been fined, arrested or put into mandatory quarantine. 

Traffic and cell phone data have been collected so authorities can determine if people are staying in their homes. Law enforcement agencies have been using drones to monitor the public. Newer drones can now determine if someone has a fever, is coughing and their heart rate from hundreds of feet away. Heavy handed police tactics have been used to deal with mothers, fathers, families and others who dare to break the most minor of state or local rules.  

In the interest of public health, prisoners have been released on mass. Over 17,000 in 21 states, many times as the result of secret, non-public hearings or rulings, with some prisoners even provided with free cell phones and hotel rooms. Keep in mind, this isn’t a temporary furlough where they’ll be coming back when the crisis ends, this is a permanent, get out of jail free card. 

This comes as law enforcement agencies are reducing the type of calls they respond to. The results are what you would expect. Burglary and violent crimes including rape, robbery and murder have increased, many committed by these released convicts. Under the new rules, most who are now arrested must be immediately released. 

“Snitch lines” have been established so you can report non-essential businesses who are open and your neighbors who are defying social distancing rules. One mayor has even proudly proclaimed that ‘snitches get rewards’. 

In different parts of the country, law changes have been administratively altered including such things as extending the time frame for an initial hearing following a red-flag firearms seizure from 10 days to 100 days (California) and eliminating the right to open carry a firearm (Mississippi). 

Perhaps the most egregious rules are those that directly infringe on First and Second Amendment rights. Prohibiting the free exercise of religion, the freedom of speech, the right to peaceably assemble, the right to petition the government for redress of grievances and the right to keep and bear arms. 

Still waiting in the wings is a proposed follow-up to the one-time stimulus payment, is monthly payments to all residents, legal and illegal, for at least a year – in other words, a universal basic income. 

If you’re wondering how this all equates to socialism, it’s really rather simple. The government is determining who is allowed to work and who is not. The government is determining what goods and services can be offered and by whom. The government is determining who can make a profit and who will be required to live on government payments. The longer the economy is shut down, the more small businesses will close forever and the more people will be forced into poverty and will need to rely on government assistance. 

As with all socialist economies, there is an elite class that thrives. As we’ve already seen, the wealthy and the high-level politicians are not only exempt from the daily restrictions placed on the rest of the population, they are able to profit from it too. The politicians pick and choose what industries and what businesses are allowed to operate and which are not. The restrictions on the population keep them at arm’s length and the elimination of their rights keep the elites safe. 

Is this the future you want for yourself and your country? Are you willing to give up not only your natural, constitutionally protected rights as well as your ability to provide for yourself and your family as you see fit?

Yes, COVID-19 is a serious health issue, but it can be mitigated without the draconian control measures being used in some areas of the country. The most basic level of personal responsibility, social distancing and sanitation, is enough to stop this, without giving up our rights.

Bob

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Liberty Is Essential

While breaking my self-imposed isolation yesterday for a supply run, I saw an older gentleman beside the road in a lawn chair with two flags, an Old Glory and a Gadsden. He was holding a sign that read, “Liberty is Essential”. I couldn’t help but think to myself how appropriate this was right now. Around the country from Maine to California, everyday people are coming together to protest the draconian restrictions, loss of business and the loss of their civil liberties that have become so synonymous with COVID-19.  They are demanding that their states begin to reopen their economies and let people get back to work and take care of their families.  Seeing these loud but peaceful protests springing up, and this one man sitting alone beside the road, makes me proud of what our country can be. 

No doubt you have seen how quickly our rights have been stripped away in the interest of “public health”. Businesses not defined as “essential” by their state or local government have been ordered closed. Of course, there is no standard definition of what essential is. In some areas even those allowed to stay open cannot sell so-called non-essential items such as vegetable seeds or plants. Large retailers are allowed to remain open while small mom & pop shops are ordered closed. Health care has been limited to emergency care only. “Outside is for a brief respite” only. Otherwise, you are expected to remain in your home. 

Yet the worst infringements have attacked our natural, constitutionally protected rights. Religious services banned. The ability of the people to assemble banned. The right to petition our government banned. The right to bear arms banned. 

All of this has been done in the name of public health. Yes, I know. With no effective means to treat or vaccinate against COVID-19, the current best way to prevent the spread of the disease is isolation, social distancing along with protective masks, gloves and good old-fashioned hand washing. Yet all of that can be accomplished without taking away our rights. 

It’s important to keep in mind our constitutionally protected rights don’t have an asterisk next to them. There is no condition, natural or manmade that suspends our rights. In fact, in times of a local, regional or national crisis, I would argue our constitutionally protected rights are even more important. 

Yet our history tells us our governments have done just that. Notably during Hurricane Katrina when personally owned firearms were confiscated from everyone, even those trying to protect their lives and property or attempting to flee the city. Residents were not allowed to congregate and were forcibly removed from their own homes and property seized.  By all accounts, Katrina was a human rights disaster. As a result, laws were passed to prevent abuses like this in the future. Somehow, all this seems to have been forgotten today. 

This crisis has seen the same overzealous enforcement of emergency executive orders as we saw during Katrina. Leaving your home for anything not expressly listed as an essential activity subjects you to arrest. Examples from around the country have shown clearly inappropriate uses of force to enforce social distancing and stay-at-home orders.  

In a protest rally at the capitol in South Carolina, a protestor was arrested, and others dispersed by the State Capitol Police. The Raleigh Police defended the action by putting out a statement “Protesting is a non-essential activity.” 

In Mississippi and Kentucky, among other places, people attending religious services in parking lots, while sitting in their cars, windows rolled up and listening to the services on low-power radio stations, were cited or reported to health departments for mandatory 14-day quarantines. 

Firearms and ammunition retailers have been forced to closed in numerous states and localities as they are not considered “essential”. At the same time, liquor stores and marijuana dispensaries in the same areas have been allowed to operate. 

Probably the most telling comment comes from the Governor of New Jersey when questioned about why he allowed arrests at religious services to be part of coronavirus quarantine enforcement. Asked; “By what authority did you nullify the Bill of Rights in issuing this order? How do you have the power to do that?” The governor responded, “That’s above my pay grade, Tucker, I wasn’t thinking of the Bill of Rights when we did this.”

So there you have it. Enacting laws and executive orders without considering the Constitutional implications OR, not giving a damn about the Bill of Rights or just plain figuring they can do anything they want. Either way, our rights are being stripped away. 

If you’re thinking, well… this is just a temporary measure for everyone’s safety and protection, isn’t it better to give up our rights for a while? Unfortunately, that’s not how it works. Rights taken away are seldom fully returned. There are always asterisks, conditions and exceptions that come along with it that allow rights to be taken away again and taken further away. This year it’s COVID-19. Next year it could be an earthquake or flood, or a bad year for the seasonal flu, or a small group of protesters marching to the capitol. Are you willing to give up your rights during any time of crisis? 

Our natural rights were so important that our Founding Fathers listed them in the Bill of Rights, a document that doesn’t grant those rights, but rather limits our government’s ability to restrict them. This nation was founded during a time of crisis, when we were fighting for our independence from an oppressive government. Men and women were putting their lives on the line and dying so that we could live free.  Knowing our history, how can anyone believe our Constitution and Bill of Rights do not apply in a time of national emergency?  

I’d like to thank that gentleman sitting beside the road yesterday for reminding me and everyone who went by of what is really important. Unfortunately, I’ll likely never know his name and I was only able to give him a couple of beeps of my horn as I passed, but if he provides a little inspiration for just a few us of, then his time very well spent.  

Liberty is Essential 

Bob

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COVID Part 3: Send Lawyers, Guns and Money

Send Lawyers, Guns and Money

Following the liberal / progressive strategy of “Never let a crisis go to waste”, gun control politicians around the country have been using COVID-19 to make further infringements on your Second Amendment protected natural rights. Calling firearms retailers non-essential, they are ordering these businesses closed.  This comes at a time when hundreds of thousands of Americans are choosing to purchase firearms for the first time to protect themselves and their families. Their justifiable fear comes from their local and state governments’ own actions of limiting the types of calls law enforcement will respond to while simultaneously releasing prisoners from state and local lockups “to protect them from COVID-19”.  Just as they have always done, the gun control politicians are creating public safety problems and not allowing law-abiding citizens to protect themselves. 

There are many facets to this problem. With non-essential businesses closed down, retail property is left unprotected. Downtown shopping districts in cities around the country look like they are preparing for a hurricane with windows and doors boarded up to help protect the property from break-ins. Of course, burglaries have been on the increase despite the pleas from local politicians for criminals to stop their law-breaking activity. Go figure. 

At the same time, many law enforcement agencies are no longer responding to non-priority calls, instead taking reports over the phone. Physical arrests are being replaced by citations in most non-violent misdemeanor and felony cases. These actions are meant to minimize the potential exposure of officers, protect the offenders from COVID-19 and not over burden the emergency systems. 

To make things even worse, state, county and local officials are releasing thousands of convicted prisoners from jails and prisons ‘to protect them from COVID-19’. In some areas like California, they claim they are only releasing “non-violent” offenders. Of course, keep in mind that California considers assault with a deadly weapon on a peace officer; battery with serious bodily injury; solicitation to commit murder and rape/sodomy/oral copulation of an unconscious person or by use of a date rape drug all non-violent. New York has even gone to the trouble of providing transportation, hotel rooms and pre-paid cell phones at no cost to the prisoners being released for COVID-19 protection. In some states, the ACLU is petitioning for large scale release of prisoners to “protect them from COVID-19”. The results of this are what you would expect. Violent crimes, including rape, robbery and murder have been committed by these released convicts. 

So now an environment has been created where property is unprotected, officers are not responding to calls and so-called “non-violent” criminals are being released back into the community. This on top of a nationwide shortages of essential consumer goods and millions of people out of work with no source of income. 


Guns

A natural response to this would be the desire to protect yourself and your family. Firearm retailers around the country have been mobbed with people looking to purchase firearms and ammunition. So much so that many stores are selling out on a daily basis and desperately seeking new inventory from distributors. NCIS (National Instant Criminal Background Check System) reported running 3,740,688 background checks in March, a number 33 % higher than the previous record of more than 2.8 million set in February. 

But of course, the reaction from the gun control groups has been predictable stating: “As a result of fears stoked by the National Rifle Association (NRA) and other gun-industry groups, we saw more federal background checks initiated in March 2020 than any other on record.” 

While the desire to purchase firearms has been an entirely organic response to the decrease in public safety, the most radical anti-gun control states and communities have decided that firearms and ammunition, a natural right protected by the Second Amendment, are not essential and closed firearm and ammunition retailers. 

A few examples from around the country: 

  • The governors of Pennsylvania, New York, New Jersey (see below) and New Mexico decided firearms retailers were not essential and ordered them closed. Some exemptions were given to those retailers and ranges that service law enforcement or security companies.   
  • New Jersey shut down all firearms sales by simply shutting down the state system used to do background checks. One of 12 “point of contact” states that perform their own background checks, it gives the state instant ability to stop sales statewide with the click of a mouse. (Side note: California’s DROS (Dealer Record of Sales) system has the ability to shut off single retailers, groups, geographic regions or the entire state but surprisingly has not been used in this situation, or at least not yet.) 
  • In North Carolina and Ohio, Sheriffs who were overwhelmed by the influx of pistol and concealed carry permit requests decided to stop processing them until after the COVID-19 crisis, effectively shutting down handgun purchases and new concealed carry permits. 
  • The Los Angeles County Sheriff, and other local authorities, determined firearms retailers were not essential and ordered them to be closed. 

Lawyers

If you’ve read any of my articles before, you already know I’m not a fan of lawyers and filing lawsuits to overturn gun control laws. Even in the absolute best of circumstances, it’s a crapshoot. The chances of getting gun control laws reversed is slim at best and even when they are reversed, new ones are crafted to take their place. 

But I’ll be the first to admit that in this particular crisis, we have seen some success in getting the executive orders closing firearms and ammunition retailers and ranges reversed. It hasn’t been across the board and in places like Los Angeles County, they have flip-flopped back and forth so often it’s difficult to keep track of the current status. 

Highlighting the issue these lawsuits have is that courts are still using “intermediate scrutiny” to determine the merits of the case. Some courts, especially in most liberal circuits are also relying on faulty evidence and ignoring the Constitution and Supreme Court precedence to reach their decisions. The hope is that someday the United States Supreme Court will rule in favor of “strict scrutiny” for all Second Amendment cases. It won’t solve activist judges ignoring the law, but it will be a start. 

One positive thing that has occurred at the federal level is the March 28 guidance from the Department of Homeland Security. In it, the updated list of “essential critical infrastructure workforce” now includes “Workers supporting the operation of firearm or ammunition product manufacturers, retailers, importers, distributors, and shooting ranges.”

Money

Protecting our rights isn’t free. It should be, since supporting the Constitution and the Bill of Rights should be what every United States citizen does every day. But we’ve come to realize that there are those who wish to subvert our rights for the enrichment of their own needs. 

Sadly, lawsuits must be filed which means lawyers are involved. So giving to the Second Amendment / firearm rights protection organization of your choice is essential. If you can’t afford to right now, then volunteer a little time to send letters or emails and help get others to contribute. 

But always remember, the ONLY way to keep these kinds of unconstitutional laws from being enacted in the first place is to STOP electing anti-gun politicians. Regardless of how attractive their other platform items are, if they can’t support and defend the most basic elements of the United States Constitution and the Bill of Rights, how are you going to trust them to do anything else? Find and support politicians at the local, county, state and federal levels who will support and defend the Constitution. 

Warren Zevon got it right, the sh*t has really hit the fan during this health crisis. But rather than sitting back and watching our rights erased before your eyes, it’s time to get up off your ass and do something about it. While mass marches and protests at the capitol aren’t the wisest move during a pandemic, if you have a phone or an internet connection, you can make a HUGE difference. Let your elected representatives know how you aren’t willing to give up your rights for COVID-19. And when you get that “Dear Constituent” letter blowing you off back in the (e)mail, you’ll know who you won’t be supporting in the next elections. 

Time to get on the list! 

Bob

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Power To The People

This past year has seen an unprecedented number of gun control bills submitted around the country. While another year of gun control laws that do nothing but punish the law-abiding is nothing new in the nanny states, even traditionally firearm friendly states have seen an influx. Why is quite simple. Politicians put in place by big money special interests are ignoring their constituents and their oaths of office and peddling unconstitutional laws. But guess what? The people are standing up and standing together to say no. And it is working. Draconian gun control bills are being altered, tabled, shelved and defeated. What could be more patriotic than the people taking control of their representatives and their government? But there is still a long way to go. 

If you live in states like California, New York, New Jersey or Massachusetts, you’ve probably grown used to seeing a new crop of gun control laws come out every year. Sold to the public as laws that are “common sense”, will “save lives” or to close “dangerous loopholes” in existing laws, they build on the already oppressive laws that do absolutely nothing to promote public safety. In reality, they make the public more vulnerable to crime and violence. Yet with each additional law, more restrictions and more costs are put on law-abiding citizens. 

But even outside the most restrictive states, extremist politicians swept into office in 2018 by those big money special interests have been busy paying off their debt by introducing anti-Second Amendment bills. Some highlights: 

Arizona: Assault weapon and “high-capacity” magazine ban, firearm registration and transport restrictions 
Nebraska: Proposed waiting period for firearm sales and universal background checks
Maryland: Proposed home firearm storage (unloaded AND locked) and new firearm dealer monitoring requirements
Hawaii: Ammunition purchases limited to calibers of registered firearms
Washington: Ban on “high-capacity” magazines and concealed carry training requirements
New Mexico: A so-called “red flag” law
Connecticut: A 35% tax on ammunition 
Vermont: A 30-day proceed on firearms purchases (vs. the federal three-day default), a ban on carrying semi-automatic firearms in most public places, expanding the “red flag” law
Rhode Island: Assault weapon, “high-capacity” magazine and 3D gun ban 
Virginia: Assault weapon, “high-capacity” magazine, suppressor and 3D gun ban, universal background checks, limit of one handgun per month, “red flag” law, removing state preeminence for firearm laws

Keep in mind this is not an exhaustive list. It is simply a sampling from around the country. When you start looking at what is being proposed in the various communities and state legislatures around the country, you start to get a sense of how expansive the assault on our Second Amendment rights really is. And like most things, if you follow the money it leads back to the usual suspects, the fringe left wing extremists funded by billionaire money. 

So how about some good news?  Law-abiding citizens from all walks of life and every demographic imaginable are standing together to fight back against these Second Amendment infringing laws. They are gathering at state houses around the country by the thousands to peacefully protest and let their representatives know they do NOT support these proposed laws. 

Whole communities in states all over the country are banding together to declare themselves Second Amendment sanctuaries. County sheriffs and law enforcement officers are standing up WITH and leading their communities in opposition, even as they themselves are targeted by the rouge anti-gun legislators.  

And it is working.  Not everywhere and not on all bills, but cracks in the gun control foundation are forming and these new gun control laws are being defeated. 

Despite what the media is telling you, Second Amendment protected firearm rights is not a red vs. blue thing. It’s not a rural vs. urban thing. It’s not how much someone makes or the color of their skin. It’s about natural rights for all United States citizens. And that is why protest rallies don’t just represent one part of the population, they represent everyone. 

THIS is why the cracks in the gun control foundation have formed. Representatives are starting to realize they need to be accountable to their constituents in order to keep their jobs. And the people are pissed! Those special interest dollars aren’t going to do a damn thing for them when voters band together to replace them. 

If nothing else, this year’s assault on our Second Amendment rights has gotten people off the sidelines. They are realizing the power of the people who stand together and fight for a common goal. 

Every elected seat at every level in every community in every state makes a difference. Only by standing together to protect our rights will we be able to counter the fringe special interest dollars trying to alter our communities to put their needs above ours. 

Bob

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New Mexico’s Red Flag Disgrace

New Mexico’s version of the so-called “Red Flag” law (SB5) passed the House last Thursday and is now awaiting the Governor’s signature to become law.  And what a sad, sad spectacle it was.  This law breaks new ground in the nation including never before seen provisions designed to punish law enforcement for noncompliance, expanding the definition of who can petition for an Extreme Risk Firearm Protection Order as well as completely giving up any resemblance of being concerned with public safety.  Still, if any version was going to pass and become law in New Mexico, I’m glad it was this one.  Why? That’s simple. This law removes any shadow of a doubt that the purpose behind it is purely about government gun control and nothing else.  Hopefully this will be what unites the New Mexico’s citizens to take back control of their government from the special interest groups. 

The scene that played out in the Roundhouse on Thursday shows how little our current government cares about public safety.  Aside from the live feed inexplicably going out during the final hearings, the Sheriff’s in attendance needed to be “escorted” outside the chamber on bathroom breaks. If that wasn’t enough, they were subsequently ejected from the chamber altogether. What does it say that the government of the people chose to remove the elected sheriffs from the room while this law was being considered? 

Through the multiple revisions that lead to this point, the law strips away law enforcement immunity for failure to enforce these “red flag” orders. This of course is in direct response to 30 of the 33 elected sheriffs signing on to oppose the “red flag” laws and vowing not to enforce them. Also dragged into the loss of immunity are the district attorney’s offices and the office of the attorney general. Potential damages to be awarded were also raised into the millions of dollars. 

Attempts to amend the law to remove the loss of legal immunity for law enforcement and the district attorneys failed. And – bear with me for a minute on this – I’m glad these amendments failed. Keep in mind I’m saying this as a former law enforcement officer who believes this is a slap in the face of everyone who wears a badge. 

Too often in the world of gun control laws, state legislators buy the cooperation and loyalty of the law enforcement community by granting them generous exemptions to the laws impacting the regular citizens of the state. What we’ve seen here is a deliberate legislative smack down of any law enforcement discretion or compliance with Constitutional standards. It clearly states they will blindly obey or pay the price.  The fact that is was purposely introduced and left in a so-called “public safety” law should remove any doubt about the true intent, gun control and gun confiscation.  

Other fascinating additions to this law include the expanded list of who can be the reporting party. It includes the usual relatives plus now “… child, person with whom a respondent has or had a continuing personal relationship, employer or public or private school principal.”  There is no definition of  a child here, so supposedly any child able to speak is old enough, nor is there a definition of continuing personal relationship. Exactly how many dates does it take to equal a “continuing personal relationship”. Your anti-gun employer or principal? No problem!  Keep in mind the reporting party incurs no costs to initiate a complaint – actually a reasonable thing since the ability to pay should not be a limiting factor – but there is also no penalty for false or misleading claims.  

Of course, this courtesy doesn’t extend to the respondent, the person being accused of being a danger to themselves or others. Since this is a civil matter, albeit law enforcement, a city, county or state prosecutor and a criminal court judge are involved in getting the order, the respondent has no right for a public defender in these proceedings. And since this process assumes the respondent is guilty until proven innocent, fees are currently running upwards of $15,000 for legal representation.  In other words, justice and restoration of your Constitutional rights is denied for anyone who can’t afford it. 

Then there is the fact that the respondent, accused of being an imminent threat to themselves or someone else, to the point where their Constitutionally protected rights can be stripped away from them without due process, has 48 hours to surrender their firearms to law enforcement or a Federal Firearms Licensee (FFL). 

Set aside the absolute insanity of thinking that a person who is an immediate threat to themselves or others could not utilize some other form of violence (knives, club, car, chemical, hands & feet, etc. etc. etc.) to carry out their plans, giving them 48 hours to voluntarily comply shows this law has nothing at all to do with public or personal safety. 

Every state in this nation has legal mechanisms to deal with individuals who are a threat to themselves or others. The horrific violent incidents that gave rise to these “red flag” laws all have the same thing in common; a complete and utter failure of federal, state, county and local government officials in multiple agencies to act on clear indications of impending violence. Simply put, the government already has all the tools to save lives but has been criminally negligent in enforcing them. 

New Mexico’s Extreme Risk Firearm Protection Order law will soon be signed by the Governor in what is expected to be a made for media event designed to demonstrate how this law, and this law alone, could have saved the lives of those lost to previous violence. 

The signing of the law will also be our wake-up call to the fact that our representatives no longer represent our interests. By enacting a law that has ZERO to do with public safety and is only a back-door method of confiscating firearms and stripping away Constitutionally protected rights without due process or evidence of a crime committed, the New Mexico legislature has shown they are only interested in compiling with the national political party platform and gun control special interests. 

Is this the kind of government you want?  Maybe it’s time to vote for someone else. 

Bob

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New Mexico Is Second Amendment Proud

I’m a little behind due to a bad case of the SHOT Show crud, so let’s catch up quickly. 

On Friday, January 31, 2020, Second Amendment supporters from around New Mexico gathered at the Roundhouse to protest House Bill 7 / Senate Bill 5 (SB5). These are the so-called “red flag” laws that allow your firearms and Second Amendment rights to be taken away without due process and without a crime ever being committed. A peaceful crowd estimated between 300 and 1000 were in attendance to let those in the Roundhouse know they were opposed to this latest infringement on our rights. Following the speeches outside, the attendees went inside to speak to their representatives. It was an amazing day. 

Since then, there have been numerous rallies and Second Amendment supporters attending committee hearings on SB5. Sadly, through numerous revisions, SB5, now SB5.5, has passed committees and the Senate. It is now destined for the House.

Here’s what I saw at the rally. A peaceful gathering of strong and independent people who are concerned about their rights being taken away. I saw a diverse crowd, some openly carried handguns or long guns, others concealed. There were men and women, old and young, just about every race you could imagine including members of Native American tribes, professionals, tradesmen, business owners and employees, local and state level politicians, democrats and republicans – isn’t that a shocker. 

Of the most encouraging groups was the elected sheriffs from around the state. 30 of the 33 county sheriffs have signed on to oppose this “red flag” legislation and by my count, the majority of them, along with a number of their deputies, were in attendance. Notably, these men and women were standing side-by-side with those protesting SB5, not standing in-between the protestors and the legislators as we’ve seen in other states. 

All in all, it was a polite crowd, as most groups of Second Amendment supporters are. Nobody was pushing, yelling or threatening anyone, no property was damaged, no laws were broken, no arrests were made, and the capitol property was picked up and left the way it was found. All of which is typical of Second Amendment protest rallies. It was a pleasure to be there, meet and speak to some of those involved in the New Mexico Second Amendment community. 

But… what did the gun control community see? Oh, something radically different.  Among my favorite articles from the day was one entitled: “The Face of Trump: Scary NRA Roundhouse Rally”.  It started out with the paragraph: “It was actually pretty frightening, the guns, the faces, the signs, the words, the anger. This is the Trump army and it is scary to think of what happens when he loses.”

Some highlights: 

“The Scary Underside of the US”

“Yesterday was NRA day at the Roundhouse, drawing a large crowd of people seething with anger and armed. First, they rallied outside with speeches filled with fury, misinformation, and threats.”

“I had to pass through the throng to fetch some lunch. Going out and returning, passing through these people, was a very uncomfortable experience. When their eyes caught my Retake Our Democracy button, I was met with scowls, with one guy smirking and pushing forward his assault weapon. He was wearing a flak jacket and MAGA cap.”

Others called this a rally of “Nazis”, “white supremacists”, “Trump supporters” and “Second Amendment extremists”.  Some called for law enforcement to sweep the attendees at the rally as it was “obvious they couldn’t pass a background check”. 

Of course, none of this was true, starting with the fact it wasn’t an NRA rally, it was organized and sponsored locally by Pro-Gun Women. Were there supporters of President Trump there? Yes. But there were also those who are not his supporters. Where there NRA members there? Yes. But there were also those who are not NRA supporters. It’s almost as Second Amendment supporters cross all political lines and all those people showed up to peacefully protest together. 

Although there is one characterization I will agree with, but not in the context it was stated. Yes, the people at the rally were “angry”, but it wasn’t the mad, pre-violent, scowling, hostile type of angry the gun control lobby implies, but more the determined, motivated and empowered type of anger. Think about it, how would you feel if your natural, God-given rights were being threatened? You’d probably want to do something about it, and that’s what’s happening here. 

They claimed it was all sneers, sinister and threatening faces, not a smile in the group. I want to know where the hell these people were!!  I saw nothing BUT smiles and good natured, positive attitude people. But then, that doesn’t go along with the narrative of hostile, unstable and violent hordes the gun control lobby wants everyone to see.  

SB5 has mutated a few times since this rally and includes more people who can petition to have your rights and firearms stripped from you as well as provisions to make the sheriffs liable for NOT enforcing these unconstitutional orders. It also gives the person who is being stripped of their rights 48 hours to surrender their firearms – so much for the immediate threat argument. The next stop is at the House Consumer and Public Affairs committee on Tuesday, February 11th. 

It is abundantly clear SB5 has nothing to do with public safety and has everything to do with finding a back door means of stripping away your rights without due process and grabbing as many firearms from law-abiding citizens as possible. It is also quite clear the illogic of all this is completely lost on those who are promoting it. 

The ONLY hope I see at this point is to convince the political hacks in the Roundhouse that the ONE thing they cherish above all else will be lost to them if they vote for SB5. That one thing is their jobs. We the people hold the power to evict them as our representatives and replace them with someone who will serve our interests, not those of the national political party and special interest fringe activists.  

The time to contact your representatives and let them know where you stand is now! 

Bob

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Virginia, Proud. New Mexico, ______?

Last week, Second Amendment supporters from all over Virginia and the United States showed what it means to peacefully protest the Constitutional infringements being proposed by the increasing tyrannical left fringe Virginia legislature. An estimated 22,000 attended Lobby Day at the state capital, most lawfully armed. Now it’s New Mexico’s turn. A Second Amendment rally is being held on Friday, January 31st at the Roundhouse (the state capitol building) in Santa Fe. Many of the same issues and concerns in Virginia are up for consideration by the Democratic controlled legislature here. It’s time to step up New Mexico. Will you be there? 

Virginia’s Lobby Day couldn’t have been a more textbook example of a peaceful, law-abiding firearm owner protest. The vast majority of those in attendance were lawfully armed, yet there was no violence. There were individuals from all walks of life; men, women and children; different races, ethnicities and religions. Yet there was no violence. Uniformed and off-duty law enforcement officers standing side-by-side with other Second Amendment supporters, even a Hong Kong flag flying (the man holding it said, “It only seems fair. They’re holding ours”), yet still, there was no violence. 

Fences and metal detectors restricted access to the capitol grounds itself due to an emergency declaration and gun free zone enacted by Virginia’s gun control governor. Citing so-called ‘credible threats’ from Second Amendment extremists, the Governor said it was to prevent a repeat of the violence in Charlottesville in 2017. Of course, the only deadly violence was committed by someone with an automobile and NO firearms were used. The only arrest from the Lobby Day came from someone violating Virginia’s prohibition on wearing a mask in public. 

Virginia’s Governor wasted no time in taking credit for the lack of violence due to the de-escalation measures he put into place. Left fringe politicians went into hiding for the day rather than face their constituents and listen to what they had to say at the Capitol.  Gun control groups cherry picked through the photos of the protestors to find ones that supported their narrative that this was a white supremacy rally and only older white males were in attendance. Others called the attendees carrying firearms terrorists because they themselves were “terrorized” and called for the firearms of all those in attendance to be confiscated under the new proposed “red flag” laws. It was called a racist act of domestic terrorism, locking the city down in fear while trying to intimidate the duly elected representatives of the state from enacting “commonsense gun control”.  It’s as if any opinion other than the one the left fringe wanted to hear is considered terrorization.

Yet still… no violence. And not because of the Governor’s so-called emergency declaration or the lack of racial stimulus to kick off a firefight from all the itchy trigger fingers, it was because the people were there to protest the proposed infringements on their rights. Each and every one of them knew violence was the last thing they wanted. But then, that’s kind of the point of being armed. Armed citizens are lousy victims of violence since they have the ability to fight back. That’s why criminals, and politicians prefer unarmed victims. 

At the end of the day, everyone went home peacefully. On their way out, they stopped and collected their trash, including scraping up stickers that had stuck to the pavement. Imagine that. A 22,000 strong group of armed protestors taking the time to pick up after themselves and clean the streets as they left. Congratulations to the Virginia Citizens Defense League and every single law-abiding firearm owner who was in attendance. You’ve set the bar on what a Second Amendment protest can be. 

While New Mexico is not considering the full rash of draconian gun control measures during this year’s 30-day session that the Virginia legislature is considering, infringement is still infringement. Compromising your natural, constitutionally protected rights on one issue only makes it easier to have more rights taken away later on. 

The most significant issue for New Mexico this year is House Bill 7 / Senate Bill 5, the so-called “red flag” laws that allow your firearms and Second Amendment rights to be taken away without due process and without a crime ever being committed. The accused then bears the burden of proof, and all costs associated with the significant legal fees and medical / legal experts to show that they are NOT dangerous to themselves or others in order to get their Second Amendment rights restored and firearms returned. 

How much “public safety” and “suicide prevention” is being achieved when the accused – the person who is supposed to be a threat to others or themselves – is left with unrestricted access to every other kind weapon and NO access to any kind of support services? These “red flag” laws are nothing more than a mechanism to remove firearms from law abiding citizens and make them struggle to get them back, IF they can ever get them back at all. 

I will repeat what I have said time and time again, the ONLY way to prevent these kinds of idiotic, non-sensical gun control laws from going into effect is to STOP electing people who are promising to take away your rights. If you are protesting their consideration, you are playing a dangerous game of catch up. 

But guess what? Catch up we can! We can show the gun control politicians we do not support their gun control legislation AND we do not support politicians who try to pass gun control laws. 

New Mexico’s Second Amendment rally is at the Roundhouse on Friday, January 31, 2020 at 11:00 am.  If you can’t be there, write and/or call your representatives this week. It’s time to stand up for your rights while you still can. 

Bob

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2020 – Time To Get On The List

In the past, my New Year message has included a call to go out and introduce a friend or family member to the shooting sports. After all, only by breaking down the barriers and showing others what a responsible, law-abiding firearm owner is really like can we hope to gain support in battling oppressive, unconstitutional gun control laws. But this year, I’m asking for something different. I’m asking for you to get off your ass and get involved in stopping these anti-Second Amendment laws.  It’s time to get on the list! 

What can you do?  You can contact each and every one of your elected representatives from your local town/city/county councils to your state and federal representatives. Don’t know who they are? FIND OUT!! The internet is your friend here folks. Figure out who they are and what their address, email address and phone number is. Pick the medium and send a message. 

What should you say? It doesn’t have to be long or particularly artful. All you have to do is let your representatives know you DO NOT support gun control legislation and you DO NOT support elected officials who do support gun control legislation. Urge them to vote NO on any proposed gun control laws.  That’s all there is to it! 

For those who resist doing this because they don’t want to get put on a list of some kind, guess what… You are already on the list. If you’ve purchased firearms and ammunition, belong to a gun group or range, read a pro-Second Amendment blog, liked a picture of a firearm on social media, you’re already on ‘the list’. Get over it! 

And if you’re not on a list, why they hell aren’t you?? The ONLY way we are going to stop these local, state and national infringements on our Second Amendment protected natural rights is to stand together. Just the few people who make a lot of noise isn’t going to cut it anymore. We ALL need to stand up and get counted. 

Trust me, there are worse things than being on a list of pro-Constitution, pro-Second Amendment, pro-independent thinkers, pro-freedom loving patriots. 

Take a look around you. Look at what is happening in Virginia, Texas, Colorado, Nevada and New Mexico. Look at what’s already happened in California, New York, New Jersey, Massachusetts, Connecticut, Vermont, Washington, Oregon and Hawaii.  How much of your rights or your family’s rights are you willing to give up staying off the list? 

There isn’t one state in this country where our Second Amendment rights are not being challenged. If you think you are safe where you are because of long standing traditions and state level protections, think again.  Everything and everyone is in play here. 

You are the only one who can make a difference here. Make 2020 the year you get involved and get on that list. 

Bob

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