#EditorOnHoliday – Page 2

Patriots’ Day

Today is Patriots’ Day here in my home state of Maine, as it is in five other states. It commemorates the battles of Lexington, Concord, and Menotomy which were among the first battles of the American Revolutionary War. While we remember those who fought for our freedom, it seems like the perfect time to take note of what modern day citizens are doing to protect our liberty.

As of February 2024, the NICS (National Instant Criminal Background Check System) reported background checks of more than ONE MILLION adjusted background checks in a single month for the 55^th consecutive month in a row.

It is important to note that according to the NSSF (National Shooting Sports Foundation) this does not translate into a one-to-one number for firearm sales. Twenty-four states have at least one qualified alternative permit, which, under the Brady Act, allows the permit holder, who has undergone a background check to obtain the permit, to purchase a firearm from a licensed dealer without a separate additional background check for that transfer. The number of NICS checks in these states does not include these legal transfers based on qualifying permits, and the NSSF does not adjust for these transfers. It also does not include private, party-to-party sales not conducted through a Federal Firearms Licensee (FFL).

However, based on these latest numbers, it is now estimated there are over 500 million firearms owned by private individuals in the United States.

But what, there’s more!

NSSF’s most recent Detachable Magazine Report estimates a total of 963,772,000 ammunition magazines in circulation. Of those, an estimated 717,900,000 have a capacity of greater than ten rounds. The data shows what the gun control zealots term a so-called “large capacity magazine” is in fact a common and ordinary standard capacity magazine in the United States and most often used for lawful defensive and sporting purposes.

When it comes to ammunition, even the most conservative estimates put the number in the trillions.

These numbers are clear and convincing evidence that Americans are rejecting the disarmament regime and the idea that law abiding people are ‘safer’ when they are disarmed.

If you’re wondering why, let me quote you the recent exchange between a Lily Tang Williams, a Chinese immigrant and candidate for office and perpetual gun control prop David Hogg. The link to this exchange is below.

Lily Tang Williams question:

“Hi, my name is Lily Tang Williams”, “Welcome to my ‘Live Free or Die’ state. Actually, I am a Chinese immigrant who survived communism, and under Mao, you know, 40 million people were starving to death after he sold communism to them and 20 million people died… murdered during his Cultural Revolution. So, my question to you, David, is can you guarantee me, a gun owner tonight, our government in the US, in DC, will never become a tyrannical government? Can you guarantee that to me?”

David Hogg’s response:

“There is no way I can guarantee that any government will not be tyrannical,”

Lily Tang Williams reply:

“Well, then, the debate on gun control is over because I will never give up my guns, never, never. And you should go to China to see how gun control works for dictatorship, for the CCP.”

This folks is why the Second Amendment is just as relevant today as it was at the founding of our nation. There is no guarantee our government, now or any time in the future, will not become a tyrannical one. Not only are firearms in the hands of law abiding private citizens critical for the self-defense in the home AND in public for you and your family, but to keep our own government in check.

Today we remember those who began our fight for freedom, and to secure it so we would never have to fight for it again. Let’s try to keep it that way.

Bob

Williams vs. Hogg https://www.youtube.com/watch?v=khAWldEPdyA

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California Ammunition Freedom Gone and The Curse of Blue Slips

As was expected, the Ninth Circuit Court of Appeals granted California’s request on Monday, February 5, 2024 and issued a stay in Rhode v. Bonta, the ammunition background check ruling which was ruled unconstitutional just six days ago by Federal Judge Roger T. Benitez. Ammunition background checks now continue, preserving the State’s precious status quo during the appeals process. Not preserved are the constitutional rights of Californians.

Of course, the ‘status quo’ the state wanted to preserve is not the one which was in place since ammunition was invented, or the founding of our nation in 1776, or since California joined the union in 1850, but that time honored tradition ushered into place in 2016 with Proposition 63 and the bait-and-switch Senate Bill 1235.

The short order did not offer any explanation or the rationale behind it, however it did contain the dissenting opinion from one judge on the three-judge panel.

“I would deny the motion for a stay pending appeal. I do not believe appellant has met his burden of showing a likelihood of success on the merits or that irreparable injury will occur absent a stay.”

Whenever there is a decision like this, everyone always looks at who appointed the judges involved as an indication of their political bias. AGAIN, I’ll point out that political leaning in a constitutional court should be given absolutely ZERO consideration, but that’s not the reality we live in. In this case, two of the judges were appointed by republican George W. Bush and one was appointed by democrat Joe Biden. But does that really matter? Guess what, it doesn’t, and that’s where Blue Slips come in.

Blue slips are a quaint partisan tradition in the United States Senate which ensures a judge with an ‘acceptable’ political ideology to the home state senators is appointed to the court. It is a slip of paper the home state senator returns to the Senate Judicial Committee to show their approval of a federal judicial nominee.

While it is the President of the United States who appoints federal judges, the Senate must give them a hearing and approval. Depending on the majority party of the Senate, the President must choose a candidate not based on their legal prowess or judicial integrity, but one that will be acceptable to the home state senators and the majority in the Senate. Even in the case of majority representation in the Senate, the home state Senators can withhold their blue slip and thereby deny the nominee a hearing and vote.

What this archaic Senate rule means is only liberal leaning judges are ever going to be appointed in a liberal state. The result is what we now see in the Ninth Circuit Court of Appeals, a supposedly independent judicial body which functions as a rubber stamp for liberal legislatures in the Ninth Circuit.

By the way, this is the same logic used in the argument to pack the Supreme Court with five new liberal justices in order to remove political bias.

Rhode v. Bonta now continues its appeal process with unconstitutional law left in place. One thing we can be absolutely certain of at this point, the case will be slow walked, delayed, stalled and motioned to death until the current 5-4 conservative majority of the Supreme Court flips to a liberal majority, either by the replacement of a justice or packing of the Court. Meanwhile, only the lawyers will be benefiting.

Sorry California. Ammunition Freedom Week was great, but it is over now and the constitutional right to bear arms has been relegated to second-class right status once again.

As for you in the rest of the country, are you paying attention? Do you really think it doesn’t matter who you vote for?

Bob

https://crpa.org/wp-content/uploads/2024/02/24.02.05-Stay-Granted.jpg

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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 28^th 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 9^th 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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Side Effects (Warning: Non-2A Rant Ahead)

I’ve been thinking a lot about side effects lately. You know, when you try to fix one thing and other unintentional things happen, some of which are as bad or even worse than what the original thing you were trying to fix. We mostly associate the term with health care and medications, but it also happens in day-to-day business, and for today’s rant, the tech worker vs. downtown.

Whatever the underlying purposes of the “Great Reset” brought into play by the COVID pandemic shutdowns, the side effects for the business world have been dramatic and devastating. During the two-plus years of two-weeks-to-flatten-the-curve, state and local governments grabbed unprecedented control over private businesses, and private individual’s, day-to-day lives, all in the name of public good.

Thousands and thousands of businesses were closed, many never to reopen. Larger businesses were deemed “essential” and allowed to stay open with heavy modifications to their business practices and even what they could sell.

Companies whose employees were mostly technology workers sent their teams home to work, even if their home environment wasn’t suitable for work. But they persevered, many setting up their ‘offices’ on kitchen tables and bedrooms, battling for space with partners and children, now doing Zoom school at home, did the same thing. Some struggled, but most did well, and overall productivity wasn’t negatively impacted. As time wore on, many companies decided they could do without having their employees in the office and said employees could expect to work from home forever. Employees scattered across the country and across the world to find a better and less expensive work/home life. When businesses were granted permission to reopen, most of the employees did not come back to the office.

This change in work also prompted a change in pay. In big national/multi-national corporations’ location-based salary was, and still is, standard practice. Human resources would go through absurd mental gymnastics to explain how you in a small city making $50,000 less than someone doing the exact same job in a bigger city was a good thing for you. Value-based salaries do away with that. You are paid the same rate no matter where you are.

Should it really matter if you live and work in Ottumwa, Iowa instead of New York City? Not really, and remote/work-from-wherever broke that mold. It also opened the talent pool to the entire connected world vs. just the people who are willing and able to work in a densely populated metropolitan area.

But then those pesky side effects started kicking in. Big city downtowns turned into big city ghost towns. Businesses that relied on the office workers that had not already shut down, began to close shop. But it’s not just the downtown stores that were impacted, it’s everything the office worked touched in relation to going to work. Childcare services, bridge, bus, rail and taxi fees, parking and fine revenue, gasoline tax, restaurants, bars, food services, clothing, entertainment, and recreation venues – everything the tech workers touched throughout their day was negatively impacted and downtowns everywhere declined. If downtowns were to survive, the tech workers had to be brought back.

Of course, this wasn’t the only thing contributing to the downtown decline. Progressive, pro-crime/anti-law enforcement polices such as defunding the police, decriminalization of illegal acts, failure to arrest and prosecute offenders, no-bail laws, releasing previously incarcerated inmates and closing prisons, have all lead to the lawless, violent free-for-all found in many big cities now. Why would office workers, tourists or conventions want to go to a city where they have step over human urine and feces, drugs, needles and trash, risk being robbed and assaulted, just to walk down the street?

Enter the campaign to get workers back in the office. From CEOs to sycophant business writers, the news and social media platforms have been inundated with articles on how in-office/in-person work is ESSENTIAL to business success and remote workers are nowhere near as productive as the in-office workers. Everything from corporate visibility to promotion potential would be impacted, so getting workers back in the buildings was deemed critical. Some even called it unfair/unethical to allow technology workers to work from home when manufacturing, production and other jobs had to be performed on company property. Yes, there are some functions that must be done on company premises. But most tech work is location independent.

Workers who were previously told they could work from anywhere forever are now being forced to return to the office or find another job, even as the CEOs openly admit there is no evidence that in-office work is more productive than remote work. Sadly, all lessons learned, and productivity achieved under forced adverse conditions meant nothing. Still, they preach about the “surge in energy and collaboration” by being back on campus!

You’d also think enticing your employees back to the office would follow a carrot and stick model. First offering incentives to work in the office, the carrot, then punishing those who don’t comply, the stick. Unfortunately, there has been no carrot. The famous tech worker perks like free or low-cost meals, on-site dry cleaning, health care, childcare and entertainment have been eliminated in cost cutting measures. The only thing offered now is the stick, being terminated if you don’t come into the office x days per week. Even if you work remotely for part of the week, the forced return to the office keeps you locked into the metropolitan area where you are assigned, helping to save downtown.

At first, I speculated this was just the old management style of having to keep your eyes on the underlings to see what they are doing every minute of the day, but then there are the two words nobody is talking about, real estate.

Companies, especially the bigger ones, have BILLIONS and BILLIONS of dollars invested in their real estate portfolio. Class A buildings with the company name in huge lighted letters on the top is a measure of success. The more visibility, the more you have succeeded. The more you spend on your gigantic offices, the more success you have achieved, and everyone should do business with you. Apple’s new headquarters building alone is over 1.2 million square feet to house 12,000 employees and cost $5 billion to build. It’s no surprise that Apple is leading the way when it comes to forcing their employees back into the office.

Shedding excess office space is one option, but with the current inflationary boom and more companies reducing space than acquiring it, nobody is subletting or buying. The once in demand, big city downtown business districts are now showing record high, and increasing, vacancies. San Francisco’s vacancy rate as of the second quarter of 2023 was at nearly 32%,

Should it be the technology office worker’s responsibly to save the downtown economy? Hell no! Whatever the actual goals behind the COVID pandemic shutdowns and the Great Reset were, the side effects of changing the way business’s function are here to stay. Legacy companies with gargantuan real estate portfolios can either adapt to the changing times or lose out on the top talent who understand they can now work for anyone in the world, from anywhere in the world.

Adapt or get left behind.

Bob

Rant over.

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A Slight Diversion

The sweetheart plea bargain of multiple federal felony offenses for the infamous drug and sex addicted son of the President of the United States is due to be finalized tomorrow. Included are two tax charges and, my topic for today, being placed in a diversion program for lying about his drug use on an ATF Form 4473 when purchasing a firearm.

On the other side of the scale, the mother of the six-year-old who shot schoolteacher in Virginia was charged with the EXACT SAME offense, lying on a 4473 about her drug use, has reached a felony plea agreement to serve 18-24 months in prison. (More on this horrific incident another time.)

The Rule of Law is in the news a lot these days, as well as how “nobody is above the law” and there is no “two-tiered justice system”. Naturally, it’s all BS as these cases easily demonstrate. It only matters who you are and if you are connected to the correct ideology.

A little perspective on my opinions here. Early on in my law enforcement career I was given the opportunity to join my county’s court diversion board. This was an exceptional chance to view a part of the justice system most officers never get. The common misconception among officers is court diversion is the easy way out of a criminal charge. My experiences showed that not to be true.

For this program, only minor/misdemeanor charges were accepted and no charges involving violence. It was only available for first time offenses where there were no other charges pending. And while our program handled juvenile and adult referrals, I don’t recall ever seeing anyone over the age of 21 on cases I was involved with.

A number of things were required for successful completion of the diversion program. First, and foremost, an in-person acceptace of responsibility for their actions to the board. At that point, the board would impose a set of conditions to complete. Typically included were letters of apology, complete restitution if damages were involved, community service and counseling if warranted. Successful completion meant the charges would be dropped by the prosecutor’s office and no criminal conviction would appear on the person’s record. Note that fines for minor first offences at the time were typically under $200, far less than the effort and expense involved for successful completion of the diversion program.

Not completing the conditions within the time frame given meant the case went back for prosecution. Today’s metrics for this county diversion board indicate about 75% successfully complete the program. This is consistent with what I recall from my time.

Now, let’s examine who got the sweetheart deal the President’s son’s attorneys negotiated with the Department of Justice.

A 53-year-old Yale educated lawyer and “artist” with a penchant for prostitutes and his dead brother’s widow, shady business deals with foreign governments, and a long and self-documented history of drug addiction who lied about his history of drug use, history which includes getting kicked out of the Navy after ONE MONTH for cocaine use, on a 4473. This is a federal felony punishable by up to 15 years in prison. This on top of the fact of his two tax related charges, out of what could have been dozens of felony charges for everyone else which are being condensed down to two misdemeanors.

The fact that someone like this is allowed to enter a diversion program for lying on a 4473 is a slap in the face to everyone who works in the firearm industry.

Federal Firearm Licensees (FFL’s) are responsible for ensuring the 4473 is filled out by the buyer completely and accurately, but they also expected to evaluate the intent of the buyer and deny the sale or transfer of a firearm to anyone who’s motives, condition, or responses indicate deception.

Around the country, FFL’s are constantly on the lookout for those who they suspect of participating in straw purchases or have lied on a 4473 in areas such as question 21.g., current or prior drug use. Information on people attempting to illegally purchase firearms is routinely turned over to local/state law enforcement as well as the ATF. Yet prosecution is not common.

In the 2019 fiscal year, when this offense occurred, federal prosecutors received 478 referrals for lying on Form 4473, filing just 298 cases. Keep this lower-priority prosecution in mind when you hear politicians saying they need to enact more gun control laws.

Meanwhile, FFL’s themselves are under intense, crippling scrutiny by the current administration, having their licenses revoked for minor, unintentional clerical errors as small as misspelling a single non-critical word on the 4473 or any of their ATF forms.

If not for the “two-tiered justice system”, there is no way in the world anyone with this kind of history and record would be accepted into a diversion program for a federal felony.

Kinda makes you wonder which tier of the justice system you would wind up, doesn’t it?

No information is currently available as to what the criminal penalty is for the misdemeanors or conditions for the diversion program are. Somehow, I doubt this is more than a DOJ paperwork shuffle so they can proudly declare the totality of the investigations into the President’s son’s activities is complete, justice has been served, and the case is now closed and sealed forever.

FOREVER!!!

Bob

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And Nebraska Makes 27!

Yesterday, Nebraska Governor Jim Pillen signed LB77, a bill to allow the permitless carry of concealed firearms. The law takes effect September 10, 2023. This makes Nebraska the 27^th state for Constitutional Carry. The new law allows Nebraska residents to conceal a firearm, knife or any otherwise legal weapon in their clothes and vehicles without a government issued permit or mandated training.

The law also repeals some local gun-control laws, notably in Omaha, who will see about a dozen ordinances go away on September 10^th including their local police concealable gun registry, concealed carry permits and training requirements. This preemption is a critical factor to have a single, consistent statewide legal standard vs. a patchwork of conflicting jurisdictional regulations.

Opposition was from the usual suspects, the left-wing extreme gun-control groups who refer to Constitutional Carry as ‘Criminal Carry’ and the left leaning larger law enforcement agencies who did not want to lose local licensing control and fees.

It is important to note the ability to conceal carry without a permit is for people who could legally purchase a firearm. It does not authorize criminals, drug addicts and others who would be prevented from purchasing a firearm the ability to carry one.

In case you haven’t noticed, the trend across the country is clearly towards less firearms restrictions instead of more.

However, this isn’t the case in the nanny states such as New York, New Jersey, Massachusetts, and California. Even in the post Bruen era which should have put an end to the subjective concealable carry rules, these states have rushed to pass so-called “Bruen Response” laws to thumb their nose at the United States Supreme Court and impose even more severe restrictions for those who wish for nothing more than to defend themselves in public.

While many of the new “Bruen Response” laws have been suspended pending further legal proceedings, the quantity and scope indicate the utter contempt the state and local elected officials have for the Supreme Court.

These laws have impacted every aspect of legal concealed carry. At the application stage they have included massive increases in application fees, psychological exam fees, increases in training requirements and costs, along with shorter and more restrictive timelines, increased reference and family interviews and checks on social media accounts.

Should you be able to afford the increased fees and negotiate the multiple interviews to actually obtain a coveted concealed carry permit, the number of so-called “sensitive places” where permitted, concealed carry would not be allowed have increased to include nearly all private businesses, public parks, public transportation, public streets and your own vehicle. The restrictions go to a level where it would be practically impossible to leave your house and go anywhere without violating the law. And that really is the point. To make it so you can have a concealed carry permit, but it is essentially useless.

Of course, the impact is greatest for those who may need to defend themselves the most, those who take public transportation, work late shifts, go through, or live in areas wealthier people can just go around. Not everyone can afford the costs of multiple fees, training, and time off from work to get a concealed carry permit. This all contributes to restricting the ability to defend yourself and your family to those who can afford the ‘privilege’.

Crime and violence continue to skyrocket around the country thanks to extreme-left law makers and prosecutors who prioritize defunding police departments, rewriting laws to lower penalties for crime, release those previously convicted of crimes and fail to hold those committing new property and violent crimes responsible for their actions. The result is more and more people are taking responsibility for their own safety and the safety of their families. In many cases, this involves buying, owning and carrying firearms for self-defense.

Congratulations Nebraska!

Bob

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And Florida Makes 26!

Today Florida Governor Ron DeSantis signed House Bill 543 into law. The new law strengthens the Second Amendment protected rights by allowing Floridians to carry a concealed firearm without a government issued permit, background check or mandatory training. The law goes into effect on July 1, 2023. Florida is now the 26^th state to return to constitutional carry.

Florida’s move is significant as now more than half of the United States allows permitless concealed carry. Several more states also have constitutional carry bills working their way through their legislatures this year.

As expected, the usual suspects were hard at work trying to stop this. The gun-control zealots, led by the Democratic party, Moms Demand Action and a collection of other billionaire-funded organizations, all condemned the law as being reckless and claim it will lead to an increase in so-called “gun violence”. The usual comparisons to having to get tested and licensed to drive a motor vehicle (a privilege not a Constitutionally protected right) were argued, along with self-funded “research” PROVING the majority of Florida residents opposed it.

What the gun-control crowd doesn’t tell you is every time constitutional carry has been implemented in a state, violent crime has gone down. It has never been the “wild, wild west” or “blood flowing in the streets”, it’s been increased safety and security for the residents of the state. As for their polls, let’s just say research that starts with a conclusion then finds numbers to support it isn’t really research.

As was the case in Texas, ex-law enforcement/current firearm training company owners also opposed the law fearing the lack of mandatory training would negatively impact their business. What actually happened in Texas? More people sought out firearms training than ever before now that they were unburdened from the government permitting system. Go figure.

So, what is the big deal about not requiring a permit to carry a concealed firearm? It’s a barrier which keeps some people from being able to legally defend themselves outside the home. Even in more permissive states, permit requirements often involve application fees – sometimes substantial ones – interviews, fingerprints, and mandatory training. All of this takes time off from work and money which many people cannot afford. Requiring multiple trips for different stages to satisfy the requirements help keep those who can defend themselves a more exclusive club. How many other constitutionally protected rights are treated this way?

Crime and violence continue to skyrocket around the country thanks to extreme-left law makers and prosecutors who prioritize defunding police departments, rewrite laws to lower penalties for crime, release those previously convicted of crimes and fail to hold those committing new property and violent crimes responsible for their actions. The result is more and more people are taking responsibility for their own safety and the safety of their families. In many cases, this involves buying, owning and carrying firearms for self-defense.

Eliminating the need for government permission to be able to defend yourself in public is in the finest tradition of the Second Amendment.

Congratulations Florida!

Bob

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State of The Union Antics

This evening the President of United States will deliver the State of the Union address to a joint session of Congress. While the focus is, and should be, on the content of message the President delivers, we can sadly anticipate a strong showing of outbursts from less than reputable members of Congress. I’m going to call this exactly what it is, disrespectable showboating by attention seeking members of Congress. There is absolutely no reason for it and shows the worst part of the politics in our country.

While tonight’s State of the Union is expected to be controversial, loose with facts, reality, and political comedy at its best, it is simply one President/one party’s opinion of what is going on our country. Nobody has to agree with it, and many will not.

A little history. The President provides the State of the Union per Article II, Section 3 of the U.S. Constitution, which states:

“He shall from time to time give to Congress information of the State of the Union and recommend to their Consideration such measures as he shall judge necessary and expedient.”

In our nations early days, the State of the Union was delivered in writing. Only in the early 1900’s did the State of the Union begin being delivered in person as a speech. Now with the advent of the 24/7 news and instant internet access, the State of the Union is broadcast into homes around the nation and the world.

There is also a new tradition, members of Congress making outbursts or committing physical acts to interrupt and disrupt the President, as well as draw attention to themselves. These have included such things as shouting comments or even ripping the President’s speech.

Post State of the Union, unruly Congressional members have offered as an explanation that the behavior was an uncontrolled ‘excited outburst’ vs a pre-planned and executed disruption. Honestly, I don’t which is worse. Having a member of Congress who cannot sit still and control their emotions for an hour OR that they have consciously decided to ignore decency and decorum to disrupt the President during the State of the Union. BOTH options are blatantly unprofessional and disgraceful.

If a Congressional member does find themselves tempted to make an outburst, perhaps it would be better to step outside the House chamber and start your pre-written and rehearsed spontaneous interview to the press early. Or how about just sitting this one out in your Congressional office.

For the Congressional members who do find it necessary to act out, you are not a patriot, a leader, or a firebrand, you are a childish narcissist who doesn’t deserve the seat in Congress your constituents have entrusted you with.

Bob

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