Author: Bob

Presidential Election 2024 Ballot Predictions (Political Post)

It’s that time again! The 2024 elections are just one year away so it is time to make the predictions for the Democrat’s Presidential candidate. So just as before, I’ve placed my first and second choices in an envelope, sealed in a mayonnaise jar under Funk & Wagnall’s back porch to be opened following the Democratic National Convention in August 2024. 

Despite the current storyline, it will be a drama filled path to the name at the top of the ballot. My analysis of the potentials is below. 

Before we discuss who it will be, let’s discuss who it will NOT be. It will not be the current President, Joe Biden. Sadly, our President’s physical and mental health are deteriorating by the day. Despite the propping up and excuses for his blunders, it’s questionable if he’ll even make it to the end of his current term to say nothing of a second term. Combine this with this involvement in his family’s under-the-table overseas business ventures and he’s just not going to be on the ballot. 

I stand by my previous opinion that he was never intended to be the Democrat’s nominee, only a lightning rod to attract scrutiny away from the real candidate. But when the real candidate, Kamala Harris, crashed and burned before even the first primary, the party had nobody else in a position to win. His choice of Harris as a running mate was so he could step aside and allow her to become President after two years, giving her the last two years of his term and two terms of her own.

Coincidently, it will also NOT be Vice President Harris. As if her being forced to drop out before the first primary in the last election wasn’t foretelling enough, her performance as Vice President has been worse. From her patented word salad answers to her maniacal nervous cackle when she doesn’t have an answer, to the fact she hasn’t accomplished anything she has been tasked with, she is the most unpopular vice president in recent history, potentially all of history. Her biggest success right now is being the President’s impeachment insurance policy. Even though she looks good on paper, the first woman/person of color Vice President, NOBODY wants her as president, even the Democrats. 

At some point between now and the Democratic National Convention, although I’m betting it will be at the convention itself, the President will step aside and open the door to a new candidate. He will likely cite heath or the desire to spend his retirement time with family. I’m saying it will be after the caucuses and primaries which normally select the candidate. After all the normal vetting who will be the next nominee is FAR too critical of a decision to be left to the voting peasants. As history has showed us, the Democrat party can pick whomever they choose, regardless of ‘voter’ preference. 

Actual Candidates

As of now, there are two declared Democrats running.  

Marianne Williamson, an author, and speaker with no political experience except for unsuccessful runs for the House of Representatives in 2014, President in 2020 and again now for President in 2024. 

Dean Phillips, a second term Representative from Minnesota with very little name recognition outside his own state & district. 

Neither have the connections, experience, or name recognition to put them ahead of anyone. Presumably they are running to justify printing primary ballots and show how strong the President’s numbers are. 

Potential Candidates

Hillary Clinton, yes, the blast from the past, the original election denier will be back! It’s no mistake she is on the speaker circuit again and the Clinton Global Initiative is back and accepting big dollar donations around the world. These donations aren’t for whatever supposed charity work they are peddling now, it’s for access. And access to an ex-President and ex-Presidential candidate doesn’t do diddly. Hillary was denied that big chair and still wants it, bad. She wants to go down in history as the first female President of the United States. All the more reason the current Vice President isn’t going to get the party nod.

California Governor Gavin Newsom, who has said he will not run against the current president, will now be free to publicly announce his candidacy. It’s not like anyone doesn’t know he’s already running. His proposal for the so-called “right to safety” 28th Amendment has given him an excuse to campaign around the country. And travel he has, in the US and internationally to raise his visibility, prop up his international credentials and distance himself for the failure that is California and his own hypocrisy. SOMEHOW, he convinced actual presidential candidate Republican Ron DeSantis to debate him in a contest which; win, lose or draw, he will come out ahead. Newsom has the money, all the right family, business and political connections and can string together a sentence without sounding foolish, even though he’s usually lying through his teeth. 

Michelle Obama, someone with zero political experience of her own, she would be running on hubby’s popularity and being a woman/person of color. If successful, she would usher in the fourth Barack Obama presidential term. She would also achieve the first ever FLOTUS to POTUS conversion, something Hillary wanted. Hey, would you want to be the one that tells Hillary that Michelle Obama is the first FLOTUS to POTUS? Ooooo.. Not me. 

Michigan Governor Gretchen Whitmer is also rumored to also be in the mix. Whitmer highly controversial COVID-19 policies put COVID patients back into nursing homes and has weaponized the state’s DOJ to persecute Republican lawyers and electors while ignoring the rampant voter fraud occurring in her state.   

Illinois Governor J.B. Pritzker is also potentially in the mix despite his past racist comments, tax fraud controversies and his elimination of cash bail in Illinois. But then, this is what billionaires do. 

Robert F. Kennedy Jr. & Tulsi Gabbard would have been on this list, but both have left the Democrat party. Kennedy is now running as an Independent. Gabbard who has teased she is going to run hasn’t said how. Knowing the infinitesimal chances of success as an independent, she’ll likely run back to the Democrat party as the ‘moderate’ option, even after saying the party was “under the complete control of an elitist cabal of warmongers who are driven by cowardly wokeness.”

So why do I waste my time speculating on such things? Because if you don’t pay attention to what is going on with the opposition party, all you’ll get is the propaganda being spewed out by the media. These candidates are diametrically opposed to the rights and liberties I hold dear, and we need to keep a close eye on what they are doing. 

Place your bets and grab the popcorn. It’s going to be quite the show! The mayonnaise jar will be cracked open on August 26, 2024. 

Bob

#Oddstuffing, #Constitution, #BillOfRights, #SecondAmendment, #2A, #GunControlFails, #2024, #POTUS, #FactsMatter, #GunVote, #medium, #mewe, #gab, #gettr, #truthsocial, #oddstuffing.com 

Lewiston

Maine is often referred to as a one big, small town. It is also recognized as the safest state in the country. Yet we are still not immune from unspeakable acts of violence. Following the horrific events that unfolded last week in Lewiston, the people of Maine have many questions about what happened. As the ugly and uncomfortable facts slowly emerge, the Mainers want answers, not new useless, feelgood laws.  

The immediate reaction for most Mainers to the shooting and shelter in place warning while the manhunt continued was to be prepared. Those with firearms had them ready. Those without quickly sought them. Maine is a constitutional carry state, one of the contributing factors to our safest state in the nation rating. 

But this didn’t stop the gun control politicians, lobbyists, and ultra-left zealots from immediately stepping up to the cameras and announcing their traditional post-tragedy solution, the ONLY solution to the problem, MORE gun control. This began within HOURS of the shooting, while victims were still bleeding, fighting for their lives and the dead not even cold. The ONLY cause for this was declared to be so-called “assault weapons” and “large capacity” magazines. Although one local politician also stated this was a racist attack even though the shooter and all the victims were white. According to this politician, “The motive is he’s white”. 

Gun control politicians from the President and Vice President on down called for a ban on so-called “assault weapons” and “large capacity” magazines, an Australian-style mandatory “buy back” and door-to-door confiscations. 

While we wait for all the pieces to be put together, there are some disturbing things to contend with. 

Following threats to shoot up an Army Reserve base, the shooter, who clearly had mental health issues, was sent to a military hospital in New York for two-weeks of evaluation and treatment for schizophrenia and hearing voices. It is still unresolved if this would constitute an involuntary commitment, and thus render him prohibited to buy or possess firearms. Local law enforcement in Maine were made aware of his threats to commit mass murder and that he had guns by local colleagues and family members. Local law enforcement made ‘some’ attempts to contact him, but apparently did not follow through with it. Finger pointing about this incident has already begun. 

Maine has what is called a “yellow flag” law which allows police, and the police only, to petition a judge to force someone to temporarily give up their guns and blocks them from buying additional firearms if they are deemed to pose a threat to themselves or others. Unlike so-called “red flag” laws, Maine’s law requires a mental health evaluation before a judge decides to take away a person’s guns. In addition, Maine, like all 50 states and the federal government also have civil or involuntary commitment laws.  Yet despite the credible threats to the public, neither route was ever pursued. 

Then there is the question of the venues themselves. At least one of the two where the shootings occurred was posted as a “gun free” zone, and the second is believed to be also. 

Maine is a constitutional carry state where no government issued permit is required to carry a concealed firearm in public for self-defense. However, Maine law does allow establishments which sell alcohol to post their property as a gun free zone. Lewiston is also in the more left leaning area of the state, so the possibility of running into armed citizens is likely going to be less. 

It is well established that 98% of all mass shootings in the United States since 1950 have occurred in gun free zones. The reason is deadly simple. Shooters prefer places where nobody can shoot back at them so they can kill more people.

Keep in mind civilian owned firearms stop crime five times more frequently than to commit them. In just the last few years, armed civilians have stopped dozens of what otherwise would have been mass public shootings and dozens more active shooting attacks. 

Sadly, in response to this horrific tragedy, all three of Maine’s congressional members have crumbled, turned their backs on their oaths of office and prior pledges to defend the Second Amendment rights of the citizens of their state and the rest of the country. Each has now committed to passing more ineffective gun control laws. As always following the senseless loss of life, and without waiting to determine the facts of the case, they listened to the loudest voices in the room. Well, let’s just say the only voices they allowed in the room with them, the gun control lobbyists. 

Another federal or state “assault weapon” ban would produce the exact same results as the last federal “assault weapon” ban, and every state “assault weapon” ban in existence today. No measurable reduction in crime or homicides. What it would do is deprive the honest, law-abiding citizenry the ability to use the best suited and most effective tools to defend themselves and their families against criminals who for some odd reason choose to ignore gun control laws when they seek to rape, rob, assault, and kill. 

Banning firearms because of their cosmetic ‘features’ or so-called “large capacity” magazines is simply a bottomless legal trap to continue to add more and more firearms to it, such as all semi-automatics, pump actions, lever actions, “sniper (hunting) rifles”, etc. etc. until the people are effectively disarmed.

Remember, gun control does absolutely nothing to increase public safety and the answer to fix that shortcoming is always to implement more gun control.

Perhaps if our elected officials want to pass a new knee jerk reaction law, they can start by making one that says all the previously passed laws have to be used before new ones are considered. The government’s failure to use all the tools already at their disposal is NOT a valid reason to add more laws just to make depriving people of their rights easier. 

A recent quote from Dana Loesch sums it up nicely. “The rights of the innocent are not determined by the evil of criminals.”

Bob

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California’s Assault Weapon Ban Ruled Unconstitutional 

On Thursday, October 19, 2023, Federal Judge Roger T. Benitez issued a ruling in Miller v. Bonta. The case challenged California’s so-called “Assault Weapons” ban. Judge Benitez ruled the law was unconstitutional but stayed the ruling for 10 days to allow the State to appeal. This is a significant ruling as it struck down the law utilizing the latest U.S. Supreme Court tests brought in by New York State Rifle & Pistol Association (NYSRPA) v. Bruen. 

Of course, this isn’t the first time Judge Benitez has ruled on the Miller v. Bonita. He ruled the so-called “Assault Weapons” ban unconstitutional on June 4, 2021. It has been in appeals since that time and returned to him for reconsideration in light of NYSRPA v. Bruen.

The 79-page ruling is well written and concise, as all of Judge Benitez’s rulings have been. It precisely details how California’s laws do not past the text, history, and tradition test, nor any of the previous Supreme Court’s Second Amendment tests. He also refutes, at times brutally, some of the State’s experts, testimony, and evidence. 

The full ruling is linked below, and I encourage you to take the time to read it so you will understand not only the ruling, but what ‘logic’ the State of California is using against you. 

Here are a few significant quotes from the ruling: 

The California legislature, at a time in the past when the lower courts did not recognize an individual’s right to keep firearms and in a state that has no constitutional analogue to the Second Amendment, balanced that interest above and against its law-abiding citizens who wanted these firearms for self-defense.

However, among the American tradition of firearm ownership, there is nothing like California’s prohibition on rifles, shotguns, and handguns based on their looks or attributes. Here, the “assault weapon” prohibition has no historical pedigree and it is extreme.

The State says criminals already have and favor using guns described as “assault weapons.” Rather than being outgunned, many citizens want these same firearms as a defense against criminal attacks. Americans today own 24.4 million modern rifles (i.e., AR-15 platform and AK-47 platform rifles), according to the State’s expert. Of the AR-15 rifle owners surveyed, 61% said one reason they acquired their gun is for home defense. Consequently, while criminals already have these modern semiautomatics, the State prohibits its citizens from buying and possessing the same guns for self-defense. At the same time these firearms are commonly possessed by law-abiding gun owners elsewhere across the country. Guns for self-defense are needed a lot because crime happens a lot. A recent large-scale survey estimates that guns are needed defensively approximately 1,670,000 times a year.

Another report, originally commissioned and long cited by the Centers for Disease Control and Prevention estimated that there are between 500,000 and 3,000,000 defensive gun uses in the United States each year. That is a lot of situations where Jane Doe needs a firearm to defend herself and her family. Trial testimony from hoodlums is not needed to prove that a homeowner brandishing an AR-15 can be a strong deterrent to criminal attackers. But when brandishing does not stop an attack, Jane needs an effective defense. That is where an AR-15 style semiautomatic rifle can come to the rescue. And although this Court focuses its analysis on rifles, California’s ban also includes such common weapons as semiautomatic shotguns with removable magazines and semiautomatic handguns with threaded barrels.

End quotes

As expected, the State of California immediately appealed the ruling to the Ninth Circuit U.S. Court of Appeals where it is certain to be indefinitely stayed pending rehearing and its inevitable and expected overturn. It remains to be seen if the Ninth Circuit will once again violate its own rules as it did with the appeal of recent ruling in Duncan v. Bonta, the ban on so-called “large capacity magazines”, and have the same en banc panel that heard it previously rule on the stay. 

Judge Benitz’s rational in this case is logical, reasonable, and above all, is legally sound. When viewed through the lens of the Constitution, Second Amendment, and the relevant U.S. Supreme Court Second Amendment rulings, there is no other logical conclusion than what he came to. The problem is activists judges who are more interested in social agenda and political affiliations warping the definitions of these same elements to support a completely different conclusion. That is the case’s next hurdle in the Nutty Ninth. 

One last quote from the ruling: 

Punishing every good citizen because bad ones misuse a gun offends the Constitution. A state supreme court in 1878 said it succinctly: “If cowardly and dishonorable men sometimes shoot unarmed men with army pistols or guns, the evil must be prevented by the penitentiary and gallows, and not by a general deprivation of a constitutional privilege.”

Bob

https://saf.org/wp-content/uploads/2023/10/MIller-Decision-2023.pdf

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Being Necessary To The Security Of A Free State

In the wake of the atrocities, loss of life and the kidnapping and killing of innocents in Israel, accounts of heroic actions to save the lives of families and other have emerged from the carnage. These stories share a common element, the individuals and groups who made the lifesaving difference had access to firearms and  ammunition with the training and ability to use them. Civilians having firearms saves lives. It’s as simple as that. 

It is important to note that Israel does not have the equivalent of our Second Amendment. Despite the whole genre of off-duty female Israeli troops carrying an M4, firearm ownership in Israel is not common. Firearms there are strictly controlled and residents who do have permits are only allowed 50 rounds of ammunition. 

As a direct result of the horrific attacks, Israel announced it was significantly modifying their permit process to allow more civilian ownership, as well as increasing the number of rounds permitted to 100. They will also be distributing 10,000 assault rifles to civilian security teams in border areas. 

Call these groups by whatever name you will; civilian security teams, guardians, or neighborhood watch, but they all fall under our definition of militia.

The Second Amendment

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

What is the militia? Well first off, it’s not what our news media has tried to convince you of. Their typical portrayal is of the most radical, right-wing outcasts made up of old, overweight white guys in camo running around in the woods spouting off anti-government rhetoric. Nor is it what the gun-control zealots tell you, the state-run National Guard. 

From the very beginning of our nation, the militia was every able-bodied male in the community, each of whom was expected to supply their own arms and equipment. Their charter was incredibly simple. To protect the community from threats. It shouldn’t be any different 247 years later. 

Today it is small groups of concerned people coming together for the safety of their church, their businesses, and their community. These groups continue to make a real difference in our country time and time again. Your own ‘militia’ could be family, friends, or entire neighborhoods. It doesn’t have to don camo and run around in the woods; it only has to be able to work together in an emergency, for any type of emergency. 

You may be saying to yourself, there’s no way something like what happened in Israel could happen here. We’re the United States of America! We’re a superpower! BULLSH!T! Israel is among the very best, if not the best in the world at stopping terrorists. Yet this horrific attack still occurred. If it can happen there, it can occur in any nation on the planet, including here.

Keep in mind the deadliest terrorist attack in history was here in the United States on 09/11 with 2977 victims killed and thousands more injured. What makes you think that of the millions of people who have entered our country illegally across our open southern border in the last three years, many of them military aged males, couldn’t do the same thing here? 

Just this weekend, the Director of the FBI, who is typically laser focused on monitoring and controlling the exigent threat of religious and conservative parents speaking out at school board meetings, issued a warning about the rise in violent extremism to the International Association of Chiefs of Police conference. 

If you think the government will protect you, remember what happened around our country with the BLM/Antifa “fiery but most peaceful” riots. Despite over $2 billion in damages and at least 25 people dead, their intent was only to assault, steal, loot, damage, burn, destroy, and intimidate the cities they attacked. Local, state, and federal law enforcement could do very little to stop it even if their political leaders had allowed them to.  

We are now in a position in our country where many of our city’s defunded, demoralized and highly restricted police departments can no longer handle even their day-to-day calls. Response times for emergencies in some cites extend into hours. Who is going to keep you safe until the police finally show up? 

Remember YOU are the one responsible for you and your family’s safety, 24/7, 365 days a year, at home or in public, no matter what the situation. 

If a firearm is the right tool for you, make sure you have one and sufficient ammunition. Carry it with you always. Get training for you and your family with your firearms. Get training in first aid and trauma care. Seek out others in your family and your community who can help each other in times of need. Work together for everyone’s safety. 

Bob

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Super Hunter: Second Amendment Crusader! (Satire)

In our darkest hours, a new hero has emerged in our struggle against Second Amendment infringements. Using his close familial connection to the ‘Large Fella’ himself and influence in all the right TLAs (three letter agencies), he is fighting the for the rights of those, like him, who are being penalized for daring to use alternative pharmaceuticals. Fear not fellow patriots, Super Hunter is here!

As you may recall, Super Hunter faced a cruel and inhumane first-time offender diversion program for his multiple felony gun law violations. When his plea bargain, which included several misdemeanor charges for millions of dollars of undeclared income, fell apart, it put him in real danger.  Now indicted on three counts related to his lying on a form purchasing a gun and possessing a gun as an admitted illegal drug user, the full weight of the federal law could very well fall on him. 

But good news! One of the charges alleging he broke the law against drug users having guns, has already been dropped. I have no doubt this will be a President… ummm, precedent setting move. Illegal drug users around the country are no doubt experiencing a collective sigh of relief. 

Super Hunter’s lawyers have already given notice they intend to challenge the constitutionality of this law. They are pointing to a case making its way through the 5th U.S. Circuit Court of Appeals based on the NYSRPA. v. Bruen decision’s new text, history, and tradition test. 

Super Hunter unquestionably has some skin in this game. Actual felony convictions could jeopardize his membership in the Washington DC bar, which thus far through his self-documented drug addiction and prostitute use, as well as aborted plea deals, remains in good standing. It could also hinder future international business deals with foreign leaders and underworld business tycoons who we all know have a serious aversion to being associated with less than reputable members of powerful political families.  

A win here could be enormous for the industry. The market potential for drug users who would be running, well, somehow finding their way to their local gun store is substantial. They will of course be faced with the age-old dilemma of whether they have drug money or gun money to spend. But let us not forget the health benefit for gun store clerks who will no longer have to suffer (RES) Rolling Eye Syndrome from constantly having to deal with people trying to use their medical marijuana card as a form of identification. 

It is speculated the only reason the federal government has not legalized drugs and removed that annoying question 21(f) on Form 4473 is because they have nothing to gain. This of course isn’t true. When cigarette tax revenue started drying up do to Stop Smoking campaigns, states found a replacement income with marijuana licensing and sales taxes. Afterall, the states knew marijuana is safe to sell and use when licensed and taxed. Therefore, the answer is federal licensing and tax!

Why should just the states get all the benefits of drug regulation? Federal AND state control can both exist. Federal licensing of drug dealers, a Federal Ph(F)armaceutical Licensee (FFL) will bring in revenue, as can prosecution of non-licensees who are engaged in the business. The best part is the federal government already has a model for this. 

This is definitely a case for Second Amendment advocates to watch. Some say the most likely outcome here is the case being plea bargained down to misdemeanor, dismissed outright or even pardoned, rendering his constitutional challenge moot. However, we all know Super Hunter will reject all that! He’s going to stick with it all the way to the United States Supreme Court so medical and recreational drug users around the country can legally obtain and possess firearms.

Carry on Super Hunter. Carry on. 

Bob

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The New White House Gun Control Office

In case you missed it, the President has created a new White House Office of Gun Violence Prevention. The office will be led by the Vice President and will reportedly focus on gun safety in the country. Of course, that’s not the actual intent of this new federal program. It is, like all the other so-called “gun safety” programs, to advance gun control laws designed to take rights, and firearms, away from law-abiding citizens. 

As is typical, the emphasis of this new gun control office is on “gun violence”. Not violence, not crime, not victims, not injuries, not suffering, not death; but “guns”. Will it care if you were stabbed to death? No. Will it care if you were beaten to death? No. Will it care that rampant, out of control crime, drugs and violence tearing apart our cities and the people who dare venture out in the streets, day or night? No. 

It’s only focus is on “guns”. Why? Because that’s the easy fix in the fantasy world of gun control.  Simply take away the guns and the violence will go away. Except, that’s not how things work in the real world. Gun control laws only impact the normally law-abiding firearm owners. Restricting how law-abiding firearm owners buy, possess, and carry firearms and ammunition does nothing to prevent criminals, thugs and terrorists who by the very definition of who they are do NOT obey the law. They will always be able to obtain and use guns as tools of their trade and with disarmed victims, their job is made easier and safer. 

As always, the term “gun safety” is used whenever they are talking about “gun control”. The why is easy to understand. Gun safety has a long and specific meaning in this country. Quite simply, it means to use firearms in a safe and responsible manner. By co-opting the term “gun safety”, it makes it sound like the gun control groups are interested in safe and responsible firearm usage. What conscientious, responsible firearm owner would not want to be behind more gun safety? Except gun safety to them means taking away your ability to buy, own, carry or use your own firearm. 

What will this new federal gun control office focus on? Supposedly devising new executive orders for the President to sign, coordinating gun control across federal agencies, influencing Congress, as well as coming up with more creative interpretations of the so-called “Bipartisan Safer Communities Act” (BSCA). By elevating the gun control extremists into a White House sponsored lead activist position, they will have even more influence of the gun control agenda. 

If there is any good news in this announcement it is that it will be led by our Vice President, whose performance history on White House initiatives such as being the Border Czar show only the opposite of success will occur. The bad news being she is simply a clumsy, ineffective figurehead for the professional and now government paid high-level gun control lobbyists who will be running the show. And now, they have White House stationery. 

My message remains the same. The ONLY way to keep more gun control laws from being passed is to STOP electing people who will not protect our natural, constitutionally protected rights.

Bob

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California Magazine Ban Unconstitutional, Part Deux

On Friday, September 22, 2023, U.S District Judge Roger Benitez again ruled California’s ban on so-called “large capacity magazines” unconstitutional. The law, California Penal Code 32310, was brought in by Proposition 63. The ruling was stayed for 10 days to allow the State of California to appeal. As expected, the State immediately appealed… almost like it was already sitting on a desk waiting to go. 

You may recall Judge Benitez made the same ruling in 2017. It was affirmed on appeal by a three-judge panel of the 9th U.S. Circuit Court of Appeals. In 2019, Summary Judgement was granted to the plaintiffs. This led to California’s famous “Freedom Week” before the judgement was stayed, and the 9th Circuit re-heard the case en banc and reversed the decision. In 2022, the United States Supreme Court granted certiorari, vacated the appellate en banc decision, and remanded the case. The appeals court sent it back to Judge Benitez for rehearing in light of the New York State Rifle & Pistol Ass’n, Inc. v. Bruen case. 

In response, the California’s governor/still-unannounced-2024-Democrat-presidential-nominee-wannabe’s reaction was as swift as it was predictable. Using as many insults, lies, exaggerations and rhetoric as he could squeeze into a single tweet, he also managed to cram in a plug for his absurd 28th Amendment gun-control proposal. 

“BREAKING: California’s high-capacity magazine ban was just STRUCK DOWN by Judge Benitez, an extremist, right-wing zealot with no regard to human life.

Wake up, America.

Our gun safety laws will continue to be thrown out by NRA-owned federal judges until we pass a Constitutional Amendment to protect our kids and end the gun violence epidemic in America.” 

A couple of highlights from the ruling itself. 

Among the arguments the State made are that ammunition feeding devices, magazines, are not an integral part of the firearm and therefore, not covered by the Second Amendment. However, this is inconsistent as 10 round and less magazines are legal in the state, but not legal over 10 rounds. California’s Unsafe Handgun Act also requires new semiautomatic pistols to have an integrated magazine-disconnect mechanism, therefore rending the pistol unable to fire even a single shot without a magazine. 

The State contends that large capacity magazines are not typically used in self-defense and are therefore not suitable for self-defense. The State’s expert concluded, without evidence or investigation using only anecdotal statements, that it was statistically rare for a person to fire more than 10 rounds in self-defense and that only 2.2 shots are fired on average. 

Yet these were some of the compelling facts the 9th U.S. Circuit Court of Appeals en banc panel used to overturn the ruling. 

The ruling itself (linked below) is 71 pages and is an excellent read. All the previous findings of fact and conclusions from the original 2017 ruling are included, now updated with Bruen’s text, history, tradition test applied. It also thoroughly examines the State’s arguments and details their flaws in law and logic. If you are interested in countering the gun-control rhetoric and nonsense, I strongly urge you read it for yourself. 

Here is one line which encapsulates the sum of the ruling. 

“There is no American tradition of limiting ammunition capacity and the 10-round limit has no historical pedigree and it is arbitrary and capricious.”

What happens now? 

As expected, the State appealed this ruling, and the process begins anew. If this case follows the same path as it did before, it will first be heard by a three-judge panel, appealed by losing side, then reheard en banc. Keep in mind the previous initial ruling in the case was in 2017 and only granted certiorari in 2022.  

We can also expect the 9th U.S. Circuit Court of Appeals to slow walk this case through the process, dragging it out as long as possible. After all, the current makeup of the United States Supreme Court is the same as when it ruled in Bruen. If (and ONLY IF) it is granted certiorari again, it would likely rule in favor of the plaintiffs. That means there is NO WAY IN HELL the gun-control community, which includes the majority of the judges on the 9th U.S. Circuit Court of Appeals, is going to let this case anywhere near the Supreme Court until the Court has a majority of liberal leaning Justices to support their decision. 

With this I’m going to point out the obvious again. Fighting to get your rights back after they have been taken away is a fool’s errand. At BEST you have a very long and extremely expensive legal battle with little chance of succeeding, no matter how egregious the constitutional or legal issues are. The only people winning are the lawyers. Meanwhile, regular law-abiding citizens have lost their rights and ability to properly defend themselves and their families. 

The ONLY way to keep this from happening again is to STOP electing people who will not protect our natural, constitutionally protected rights.

Bob

https://michellawyers.com/wp-content/uploads/2023/09/2023-09-22-Decision-Signed-by-Judge-R.-Benitez2263869.1.pdf

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Bruen? What’s Bruen? (Hard Left Turn At Albuquerque Part 2)

True to political form, New Mexico’s leftist governor issued an updated executive order on September 15th, another Friday afternoon. This comes two days after a Federal judge issued a temporary restraining order against a portion of the original executive order, the section which banned all open or concealed carry in Albuquerque and the rest of Bernalillo County. The new order modifies this section to only include public parks or playgrounds, or other public areas provided for children to play in. 

The opposition to the governor’s original “public health emergency” executive order was loud and swift. Many within her own Democrat party including the Albuquerque Mayor, Police Chief, the Bernalillo County District Attorney and Sheriff opposed it. Even the Democrat State Attorney General spoke out against the order and said he would not defend it because of its unconstitutionality. 

With this order modification, it will be interesting to see if those who previously opposed gun-control by public health emergency executive order are now okay with this limited version. 

It’s worth noting that none of the tragic shootings of children cited by the governor as her motivation for banning the open or concealed carry of firearms occurred in a public park or playground. 

Let’s be crystal clear about what is happening here. Ever since the United States Supreme Court ruling in New York State Rifle & Pistol Association, Inc. v. Bruen in 2022, gun-control states have been passing “Bruen response laws”. Not to comply with it mind you, but to circumvent it and make the ruling moot. A common feature among them is to declare virtually all public and privately owned space outside your home a “sensitive space” where firearms are not allowed, thus negating the whole concept of being able to carry a firearm for personal protection outside the home. 

The good news is most of the elements of these laws are currently held up in litigation as they clearly violate Bruen. A bold new solution to get around these legislative gun-control laws being held up in the courts was needed. Enter the public health emergency and a governor who leans far enough to the left to sign her name to it. 

I have zero doubts this concept came from the very same privately funded gun-control institutions who are behind the majority of gun-control legislation in this country. This may have been why New Mexico’s governor wasn’t phased by her own Attorney General saying he would not defend it. These groups have also been providing free legal services to defend their gun-control products all over the country. All they need is a politician’s signature.

The fact that the governor has no intention of calling a special legislative session this year to address rising crime, violence or public safety is further evidence her public health emergency is an end run around Bruen. She will instead prioritize “gun safety measures” in the 2024 session including a prohibition on automatic weapons, a 14-day waiting period for gun sales and a ban on selling guns to those under 21. Of course, none of these are or has been a factor in the crime and violence problem the state has been facing. 

One section untouched by the temporary restraining order is the monthly inspections of firearms dealers to ensure compliance with gun laws. While there has never been any implication of firearms dealer’s operations contributing to the current crime and violence situation, authorizing monthly state inspections is another gun-control priority measure to increase costs for dealers and consumers through state licensing and regulation. I am hopeful the National Shooting Sports Foundation (NSSF) will make good on their promise to file suit against this before the state begins inspections. 

Less noticed at the bottom of the updated executive order is a section stating that free trigger locks shall be made available to each firearm owner, limit of one each, just call or email the state. Groundbreaking thinking on behalf of the governor of New Mexico? Well…. 

Did you know you can get FREE gun locks from just about every police department in the country, including the Albuquerque Police Department and Bernalillo County Sheriff’s Department? No fuss, no muss, just go in and ask for them. How is this possible? Because the NSSF, the trade association for the firearms industry provides them for free. 

“Project ChildSafe is a real firearms safety solution that helps make communities safer. Since 1999, more than 15,000 law enforcement agencies have partnered with the program to distribute more than 37 million firearm safety kits to gun owners in all 50 states and five U.S. territories.”

Please consider the governor has said she would extend this public health emergency order at the end of the 30-day period based on the results on crime.

Crime and violence are complicated community issues. They have been made worse by years of criminal laws being loosened, no-bail laws passed, the election of soft-on-criminal prosecutors defunding the police, violent offenders not being arrested or prosecuted, convicted criminals let out of prisons and prisons being closed. 

To think that a 30-day public health emergency order that does NOTHING but disarm the law-abiding citizenry in public will do anything but make crime and violence WORSE is insanity. If gun-control by executive order is allowed to stand, everyone around the country better start getting used to saying: 

It’s just 30-days to flatten the curve.

Bob

*Image from Gun Owners of New Mexico

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Hard Left Turn At Albuquerque 

Friday afternoon, September 8th, New Mexico’s left fringe governor issued Executive Order 2023-130 Declaring State of Public Health Emergency Due To Gun Violence. With this order, she banned the carrying firearms in public, both open carry and licensed concealed carry in Albuquerque as well as the rest of Bernalillo County. This, along with some other new state level controls, will be in effect for 30 days, at which point she will decide if it will be renewed. 

While it is painfully obvious this order is completely unwarranted and unconstitutional, the governor issued it anyway. The governor admitted in her press conference that she expects to be sued over this and did not expect criminals will follow this order, “but this sends a message”. 

The governor said gun owners still would be able to transport guns to private locations such as a gun range or gun store if the firearm is in a container or has a trigger lock or mechanism making it impossible to discharge.  The state police would be responsible for enforcing what amount to civil violations and carry a fine of up to $5,000.

The executive order, which itself is full of inaccuracies, sneaks in another gun-control priority as well. It orders monthly inspections of firearms dealers to ensure compliance with gun laws, something the State of New Mexico has never had legal authority to do before. Authorizing monthly inspections is a step towards state licensing and regulation of firearms dealers. 

As justification for this massive overreach of state executive authority, the governor sited the deaths of three children, two in Albuquerque and one in three counties away over a three-month period. The two local shootings were from an apparent road range incident where arrests have been made and the other an apparent targeted drive by shooting. Two of the three were committed by underage shooters who are already prohibited from purchasing or possessing firearms. At least one was a confirmed gang shooting. 

The purposeful timing of a Friday afternoon meant there would be no chance of getting a court injunction against the order before Monday. As of today, at least two lawsuits have already been filed against this order. 

Keep in mind this is the same governor who in 2020 criticized the Trump administration for sending federal law enforcement officers to assist the overwhelmed Albuquerque police with crime and violence. “If the Trump administration wishes to antagonize New Mexicans and Americans with authoritarian, unnecessary and unaccountable military-style ‘crackdowns,’ they have no business whatsoever in New Mexico.”  Ironic isn’t it?

Republicans in the New Mexico legislature are already attempting to file articles of impeachment against the governor. However, with the Roundhouse firmly dominated by Democrats in a super-majority, the chances of this being successful is somewhere between none and nil. Current state law does not allow the governor to be recalled and unsurprisingly, bills to permit this have failed in previous legislative sessions. 

The District Attorney and Police Chief of Albuquerque, both Democrat appointees, have publicly stated they will not enforce this unconstitutional order. The Democrat Sheriff of Bernalillo County stated “I have reservations regarding this order.” A growing number of other Democrats and left-wing talking heads have also publicly criticized the overreach of this order. 

Of course, there is absolutely zero logic behind this. Disarming the law-abiding residents of an entire county while in public, while acknowledging the criminals, who are already breaking the law by carrying firearms will not, only disarms their intended victims and makes it easier and safer (for the criminals) to commit their crimes. The real answer has always been enforcing the laws already on the books and holding those who break them responsible for their own actions. 

When you’re looking at this action, keep in mind using a public health emergency to address so-called “gun violence” through radical gun-control measures has been discussed since the beginning of the Covid pandemic. 

This was not done in a vacuum. It was absolutely done in coordination with the extreme left coast gun-control organization, the Democrat party, and the current administration. This is nothing more than a litmus test to see if public health emergencies can be used to do an end run around the United States Supreme Court’s rulings against unconstitutional gun control laws. 

The off-the-left California governor is using a proposed 28th Amendment to the United States Constitution to supersede the Second Amendment and implement massive nationwide gun-control as part of his yet-to-be-announced 2024 presidential run. It is a bold and outrageous proposal full of lies made to entice gun-control advocates and falsely placate Second Amendment advocates.

You have to wonder if the New Mexico governor is also planning on using this as a steppingstone for her own political motives, such as a Vice President or senate run, a cabinet position or US ambassador posting with the next administration, something she missed out on due to her own scandals with the current administration. 

If you look at the bigger picture of gun-control, this is a logical step. It’s no accident that criminal laws have been loosened, no-bail laws passed, soft on criminal prosecutors have been elected, lawbreakers not arrested or prosecuted, police departments defunded, convicted criminals let out of prisons and prisons closed. The result has been uncontrolled crime sprees and violence that have cost lives and livelihoods, and made city streets unsafe for anyone who dares to brave them. At some point, some bold action must be taken before the people figure out these policies are what is getting them killed.  

Guess what the bold action is? Blaming the law-abiding citizen and their firearms. 

The good news is Albuquerque/Bernalillo County residents are stepping up. As I write this they are rallying and coordinating to stop this in its tracks. 

This isn’t just about the rights in one city or county, it’s about the rights of the entire nation. 
This isn’t just about one extremist gun-control politician, it’s about all the gun-control politicians. 
This isn’t about the ability to protect yourself from crime and violence in one city, it’s about the ability of every American to be able to protect themselves from crime and violence at home AND in public in EVERY city. 

One last note. Watch what is going on here carefully. While some may be against THIS unconstitutional gun-control measure, it doesn’t mean they aren’t 100% willing to replace it with another unconstitutional one. 

Bob

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Patriot SCUM! 

The Gadsden Flag is back in the news again, this time for a Colorado school kicking a 12-year-old boy out of class because he had a Gadsden Flag patch on his backpack. When his mother came to the school (and wisely recorded the interaction), the teacher explained it was because the flags origin in the slave trade and slavery. It seems Colorado teachers aren’t required to know about United States history. 

“The reason that they do not want the flag reason we do not want the flag is due to its origins with slavery, and slave trade.” 

The child’s mother properly corrected the teacher that it had nothing to do with slavery, it was a revolutionary war flag and was told they were just enforcing the policy of the district and she has every right not to agree with it. 

The actual history and origin of the Gadsden Flag, dating from 1775 as a battle cry for American independence from British rule, is easily discovered by even the most basic internet search. Nowhere and at no time was it ever associated with slavery, the slave trade or racism. 

Following the mother’s video of her interaction with the school going viral, the school’s board of directors held an emergency meeting. In an amazing bit of rational thinking, they ruled the Gadsden Flag was acceptable in school and the child could return to school with the patch. 

“From Vanguard’s founding we have proudly supported our Constitution, the Bill of Rights, and the ordered liberty that all Americans have enjoyed for almost 250 years.” “The Vanguard School recognizes the historical significance of the Gadsden flag and its place in history. This incident is an occasion for us to reaffirm our deep commitment to a classical education in support of these American principles.”

Attempting to associate patriotism with racism or violence isn’t anything new and this is not the first time the Gadsden Flag has been vilified. Recall around this time last year the FBI put out a “Domestic Terrorism Symbols Guide” on militia violent extremists (MVE) and the flags, symbols, and phrases they associate with them. Among them was the Gadsden flag, the Liberty Tree flag and Betsy Ross flag, as well as revolutionary war imagery. 

Even though the bulletin correctly identified the Gadsden Flag as a “Historical American symbol” and contained the disclaimer, “The use or sharing of these symbols alone should not independently be considered evidence of MVE presence or affiliation or serve as an indicator of illegal activity, as many individuals use these symbols for their original, historic meaning, or other non-violent purposes.”, the direct association between MVE’s or “domestic violent extremism” (DVEs) and the Gadsden flag was established. 

The bulletin also incorrectly labels the American Contingency in the MVE category even though the FBI itself determined they were not a threat two years prior.  

A link to the bulletin itself is listed below. You may notice there are no flags, symbols, or phrases from any of the violent left-wing groups who looted and burned American cities and killed innocent people. 

Patriotism used to mean love and devotion for your country, valuing our nation’s history, respecting law and order, a willingness to serve and defend it as well as the rights of individuals. Yet somehow, we’ve come into an era where patriotism is now being defined by our own government as anti-American and a threat to democracy. 

Side note: Shortly after this bulletin leaked last year, I noticed a few houses in my neck of the woods flying a couple of extra flags. Seems patriotism decided to shine through the lies and rhetoric. 

By stigmatizing the symbols of patriotism and forcing them from public view, the importance of our natural rights and liberty can be minimized and slowly but most certainly eliminated. The less people know about our nation’s history and their own rights, the less they will oppose those who aim to take them away. 

Patriotism is what brought us together before we were even a country. Patriotism is what has protected it from foreign and domestic threats. Patriotism is what has brought us together to face adversity. Patriotism is what will continue to keep us together long after those who seek to divide and weaken us crawl back into the shadows. 

There is no word from the school if the teacher and administrators have apologized to the 12-year-old they kicked out of school, how they’ve made up the instructional time he lost out on, or if they’ve been made to undergo remedial training in US history or acceptance & tolerance of ideas other than their own. Somehow, I expect that won’t happen. But I can’t help but wonder what would have happened if they had kicked out a student for having a BLM/Antifa or LGBTQIA+ patch. 

Never be afraid of our history or your pride in what makes us who we are. As patriots, the principles we practice every day stands as an example of how we can ALL be stronger and more united. 

Bob

http://oddstuffing.com/wp-content/uploads/2023/09/FBI-MilitiaViolentExtremismSymbols.pdf

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