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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Tag: #GunVote
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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To Preserve Liberty
One of the essential foundations of our country is the private ownership and use of firearms. Through this, we were able to free our land from oppressive rule and establish a new nation based on personal liberty and freedom.
Our natural rights are expressed in the Bill of Rights, the first 10 amendments to the United States Constitution. And despite what those who wish to creatively reimagine and reinterpret say otherwise, they are in-fact individual rights, not collective rights, and a limitation on the government, not the people.
“To preserve liberty, it is essential that the whole body of people always possess arms and be taught alike, especially when young, how to use them.” Richard Henry Lee
But then comes the so-called Republican authored Bipartisan Safer Communities Act (BSCA) a massive new gun-control law passed in July 2022 as a knee-jerk response to tragic, targeted shootings – and law enforcement inaction – around the country. Ostensibly to “To make our communities safer”, it is now being used as the basis for numerous unwritten and unintended gun-control programs.
Once such measure is the United States Department of Education (DOE) using the Elementary and Secondary Education Act (ESEA) of 1965 to claim the BSCA “[precludes] school hunting and archery classes…from receiving federal funding.” The DOE based this decision on a “plain-text reading” of the BSCA.
The Bipartisan Safer Communities Act (BSCA), amended a subsection in the ESEA to prohibit any act to provide dangerous weapons or pay for “training in the use of a dangerous weapon.” Yet the actual legislative intent was for this was to not fund training programs for school resource officers. Funding for this was provided under a separate provision.
Archery and hunter education classes provide safe, responsible, community-oriented programs for thousands of children across the country to develop life skills, learn firearm safety and build self-esteem.
The BSCA itself contains absolutely nothing that would have prevented the tragic shootings the law was enacted in response to. Most of the provisions were already in place at the state level, and as always, proved to be completely incapable of doing anything to prevent them.
Remember, gun control does absolutely nothing to increase public safety and the answer to fix that shortcoming is always to implement more gun control.
What the BSCA DID accomplish was open a pathway for more do-nothing to increase public safety laws which target law-abiding citizens right to bear arms while doing nothing to punish those who break the law and prey on others.
Of course, this isn’t the only attack on youth hunting and sports. California and Illinois have both banned advertising they consider to be targeted at minors. Any firearm-related advertising that could be “attractive to minors” or be considered to target children is subject to severe penalties. This includes advertisement of training, competition, sports or even youth-models of firearms downsized in caliber and size to be suitable for use by younger individuals. Noting of course, that no firearm can be sold to anyone under the age of 18, or now in some states, under the age of 21.
As with the new interpretation of the BSCA, these laws have nothing to do with public safety. They are intended for only one purpose, to convince the next generation of Americans the Second Amendment does not exist, making it easier to restrict and eventually eliminate the lawful private ownership of firearms.
Our children are the future of firearm ownership, the shooting sports, hunting, and the Second Amendment itself. By systematically denying them safety, educational and competitive sporting opportunities, these laws erode the very foundation of our nation’s heritage and freedom.
By the way, if you’d like to thank your RINO congressional members for their vote on passing this do-nothing to increase public safety, gift-that-will-keep-on-giving gun-control package, their names are listed below.
Or perhaps the best thank you would be to vote them out of office.
Bob
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US House
1. Liz Cheney of Wyoming
2. Adam Kinzinger of Illinois
3. Tom Rice of South Carolina
4. John Katko of New York
5. Maria Salazar of Florida
6. Chris Jacobs of New York
7. Brian Fitzpatrick of Pennsylvania
8. Peter Meijer of Michigan
9. Fred Upton of Michigan
10. Tony Gonzales of Texas
11. Steve Chabot of Ohio
12. Mike Turner of Ohio
13. David Joyce of Ohio
14. Anthony Gonzalez of Ohio
US Senate
- Mitch McConnell of Kentucky, Senate minority leader
- Roy Blunt of Missouri
- Richard Burr of North Carolina
- Shelley Moore Capito of West Virginia
- Bill Cassidy of Louisiana
- Susan Collins of Maine
- John Cornyn of Texas
- Joni Ernst of Iowa
- Lindsey Graham of South Carolina
- Lisa Murkowski of Alaska
- Rob Portman of Ohio
- Mitt Romney of Utah
- Thom Tillis of North Carolina
- Pat Toomey of Pennsylvania
- Todd Young of Indiana
Parenting and Firearms
On Friday, January 6th, 2023, a six-year-old male child shot his first-grade teacher. The “properly secured” firearm owned by the child’s mother was smuggled into the school in the morning. At around 2 pm, the child shot the teacher without warning. The bullet traveled through her hand and into her chest. The teacher was able to escort the other children in the classroom to safety before seeking medical aid herself.
Last week I mentioned the child’s mother had reached a felony plea agreement to serve 18-24 months in prison on the federal charge of lying on the ATF Form 4473 about her current or prior drug use.
As a reminder, lying on a 4473 is now punishable by up to 15 years in prison. But as has become painfully obvious lately, this crime is either not a priority for the ATF and US Attorney’s or is eligible to be sent to diversion if you are well enough connected.
The federal plea deal has nothing to do with the state charges surrounding the shooting. There she has been charged with felony child neglect and misdemeanor recklessly leaving a loaded firearm so as to endanger a child.
At first glance this sounds like another stereotypical child-gets-hold-of-a-gun story the gun-control zealots love to put out as an example of why guns are bad and more gun-control is needed. That is not the case here.
As for the firearm itself, the child’s mother has maintained that the legally purchased firearm was secured on a top shelf in her closet and had a trigger lock.
“Our family has always been committed to responsible gun ownership and keeping firearms out of the reach of children. The firearm our son accessed was secured.”
Under Virginia law, it’s a misdemeanor for an adult to leave a loaded, unsecured firearm in such a way it could endanger a child under the age of 14. It is prohibited for a person to unknowingly allow a child under the age of 12 to use a firearm.
Then there was the lack of concern and action at the school. According to the family, the child suffers from “acute disability and was under a care plan at the school that included his mother or father attending school with him and accompanying him to class every day.” Yet on this day, the mother dropped the child off and did not attend with him, yet the school took no action. The child had a history of random violence, including attacking students and teachers alike.
The school administration was warned three different times by teachers and staff members over several hours starting at 11:15 am that day the child may have a weapon at school but failed to take it seriously. His backpack was searched once, but no firearm was found. Neither security nor law enforcement were contacted. One administrator said to “wait the situation out because the school day was almost over”. The incident was downplayed by the school administration as the boy had “little pockets”.
Since the incident, two administrators have been terminated and the teacher who was shot has filed a lawsuit against the school, the administrators, and the school board. The response from the school to the lawsuit? While acknowledging the teacher was “clearly injured while at work, at her place of employment, by a student in the classroom,” it should be covered by worker compensation instead of a lawsuit. The board rejected the teacher’s claim she could reasonably expect to work with young children who pose no danger, pointing to numerous incidents of violence against teachers across the U.S. and in Newport News.
A good friend of mine asked how many jobs do you know where there is a reasonable likelihood of being shot as part of the job AND you are not allowed to carry a firearm for self-defense?
The clear negligence of the parent’s firearm storage and the school’s lack of response aside, there is a question of parenting. This 6-year-old child did not have a random, violent temper tantrum, this was a premeditated attack. The child knew his mother was not going to be attending school that day, was able to access and enable the “properly secured” firearm, hide it while the mother drove him to school, during the first part of the day, then without provocation, aim and shoot his teacher.
Was the child never taught the difference between right and wrong?
Why did the child feel it was okay for him to steal a firearm from the parent?
Who taught the child that shooting another human being was acceptable?
Where did the child learn this was an acceptable response to a disagreement with their teacher?
I’ve known lots of six-year-old kids in my life (including my own), most with firearms in the home. NONE of them would ever have considered a) touching a firearm without permission or b) using it in an act of violence. The difference is being an actual parent. There are FREE programs available for children of different ages to help parents talk to their children about firearms and safety, you must only care enough to ask.
This incident wasn’t a gun-control failure, it was a parenting failure, clear and simple. Someone taught this child about this level of violence. Someone taught that child it was acceptable to shoot someone if you felt had wronged you. The child acted the way they were taught.
Personally, I don’t think the mother can get enough time in prison. I just hope the child winds up with someone who can undo the damage.
Bob
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The Enemy of My Enemy Is My Friend??
Enemy of My Enemy…
Much ado about a country song lately. According to the artist, the song “refers to the feeling of a community that I had growing up, where we took care of our neighbors, regardless of differences of background or belief”. The images included throughout depict the riots and destruction being permitted, even encouraged to happen in our big cities. Because of this, and the inclusion of words not supporting gun confiscation, the music video has been the target of not only the perpetually woke, but the gun control establishment elite themselves.
Accusations of racism and promoting violence abound. They pointed to the filming location, in front of a courthouse where a black teen was lynched in 1920 and a race riot occurred in 1946 calling it a “dog whistle” and pro-lynching song that glorifies the old south “sunset towns”.
The pressure from the gun control zealots was enough for Country Music Television (CMT, owned by Paramount) to pull the video, an accomplishment they proudly boasted about, as well as now working to get the artist banned from doing a Grand Ole Opry fundraiser for the Covenant Christian School community.
Other pro-gun control country artists have piled on to attack the song and its premise, while the majority of the country music community and fanbase have rallied behind it, calling for a boycott of CMT.
… Is My Friend?
It’s worth noting the artist who performs this song was previously adored by the gun control crowd for endorsing their views. In an interview following the horrific Route 91 Harvest festival shooting in Las Vegas, he commented:
“It’s too easy to get guns, first and foremost. When you can walk in somewhere and you can get one in five minutes, do a background check that takes five minutes, like, how in-depth is that background check?”
While I can never fully understand the mental toll for someone who was on stage at the festival when this occurred, his comment was exactly the fear inducing gun control message the zealots want to get across. Perhaps this was just an emotional response or maybe he simply has never bought a firearm at a retail store. Or it could be he is simply ignorant to the full extent of what happens when the FFL (Federal Firearms Licensee) does a NCIS (National Instant Criminal Background Check System) check.
BBR Music Group, the music video producer, recently, and very quietly, updated it to exclude the Fox News footage of the BLM/Antifa riots. This was demanded by Fox News, the former stalwarts of the conservative side.
Also rushing to the aid of the artist is Democrat turned Independent and currently undeclared 2024 presidential candidate Tulsi Gabbard, herself a long-time ardent gun control supporter.
A quote from Gabbard’s previous presidential run: “I have long called for reinstating a federal ban on military-style assault weapons and high capacity magazines, requiring comprehensive pre-purchase background checks for every gun sale, preventing domestic abusers from acquiring a gun, closing the gun-show loophole, and making sure that terrorists are not allowed to buy guns. I am focused on building bipartisan solutions that can actually be passed into law.”
A lot of people are putting a lot of energy into coming down on one side of this song or the other. But when you look at who they are, their history, and what they say about their beliefs, you come to understand it’s all part of the political game to garner support for their own agenda.
Enjoy the music & video, or not. It’s just a song. But don’t lose focus on the fact the gun control is actively, persistently, methodically, and defiantly working to take away your Second Amendment rights, one executive order, one administrative rule, one ordinance, one fee, one law, at a time.
Stay focused and be careful who is your friend, enemy of my enemy or not.
Bob
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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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Humor In Politics: The 28th Amendment
I know I’m way behind in writing about serious Second Amendment topics, but this was just too damn funny to pass up.
In another failed attempt to look relevant on a national scale, California’s Governor/Yet-To-Be-Announced Presidential Candidate released a statement suggesting a 28th Amendment to the Constitution. While ostensibly a proposal to create a new gun-control amendment to the Constitution, in reality it is an ill-fated publicity stunt which laughably shows how disconnected the Governor is from the real world.
From the Governor’s own press release:
“…Proposes Historic 28th Amendment to the United States Constitution to End America’s Gun Violence Crisis”
“Our ability to make a more perfect union is literally written into the Constitution.” “So today, I’m proposing the 28th Amendment to the United States Constitution to do just that. The 28th Amendment will enshrine in the Constitution common sense gun safety measures that Democrats, Republicans, Independents, and gun owners overwhelmingly support – while leaving the 2nd Amendment unchanged and respecting America’s gun-owning tradition.
The 28th Amendment will permanently enshrine four broadly supported gun safety principles into the U.S. Constitution:
– Raising the federal minimum age to purchase a firearm from 18 to 21;
– Mandating universal background checks to prevent truly dangerous people from purchasing a gun that could be used in a crime;
– Instituting a reasonable waiting period for all gun purchases; and
– Barring civilian purchase of assault weapons that serve no other purpose than to kill as many people as possible in a short amount of time – weapons of war our nation’s founders never foresaw.
Additionally, the 28th Amendment will affirm Congress, states, and local governments can enact additional common-sense gun safety regulations that save lives.”
Oh Hair Gel, where to begin.
This new amendment will “end American’s gun violence crisis”? End?? This is the same language that has been used with nearly every gun-control law that has ever been enacted. This law will END the violence! Then surprise, surprise, it never does and never will. Here’s my standard response.
Remember, gun control does absolutely nothing to increase public safety and the answer to fix that shortcoming is always to implement more gun control.
Criminals must be held accountable for their illegal actions and incarcerated, yes incarcerated when they break the law for crime and violence to stop. The Governor of California has done the absolute opposite and signed laws to release criminals and see that new offenders are never charged in the first place.
“…common sense gun safety measures that Democrats, Republicans, Independents, and gun owners overwhelmingly support…”
Don’t even get me started on “common sense”. One of the first articles I wrote was on the political use of the term “common sense’. Excerpt:
If you have to be convinced into believing something is a common sense solution, it probably isn’t either common sense or a solution. It’s more likely part of an agenda they want you to support because it benefits them, not you. Buy into their way of thinking on this topic and the rest just comes easy. If they were right on this one, they must be right about the next one too.
Gun safety? Hardly. The term gun safety has a long historical definition, and this isn’t it. This is gun-control. If you call it gun-safety, people who don’t understand the difference will think you’re trying to make the world safer instead of taking guns out of the hands of law-abiding citizens which will make them less safe.
Do all these people “overwhelmingly support” these gun control measures? No, of course not. It’s just another lie to convince you this is what you should be supporting because you should want to be where the rest of the country is.
“… leaving the 2nd Amendment unchanged and respecting America’s gun-owning tradition”. Technically yes, this proposal would not alter the wording of the Second Amendment, it would just supersede it and abolish it without removing it from the Bill of Rights.
It’s like one of those ‘read all the instructions first’ tests where you have a long list of tasks to do in a short amount of time and the last one says ignore everything except #28. This is the same concept.
The four new rules are all tried and failed laws already in place in California and the other nanny gun-control states. Coincidently, none of them have done anything to reduce violence or increase public safety in any of said gun-control states.
For me, it’s the last little line that is the most insidious.
“Additionally, the 28th Amendment will affirm Congress, states, and local governments can enact additional common-sense gun safety regulations that save lives.”
This gives Constitutional cover to not only the federal government, but every individual state, county and local government to add whatever gun-control measure they want with complete impunity. Even though none of the gun-control measures have EVER been shown to “save lives” and the worst of the worst places for violence in this country are the ones with the MOST gun control.
And I’ll ask again… If all these gun-control laws are so effective, why haven’t they worked yet?
Sadly, this proposal is more of a reflection on the laughingly desperate nature of the California Governor’s fledgling presidential campaign than any attempt to increase public safety. The Governor has a long, storied history of being a hypocrite who feels perfectly safe walking around in public with his taxpayer provided, heavily armed law enforcement detail while he actively keeps the rest of the public from being able to protect themselves at home or in public.
It’s worth noting California population has gone down for the first time in history with an estimated 6.1 million people leaving the state. Enough people left for the state to lose a House of Representatives seat. Compare this to Texas which gained two seats and Florida who gained one seat.
The most common reasons California ex-pats give for leaving the state are the astronomical cost of living, crime and violence, the highly restrictive regulatory environment, and the progressive politics. And it’s not just the residents, businesses of all sizes are joining the exodus from the state as they are getting wiped out by the unchecked looting and violence against their employees and customers.
All of this happened under the Governor’s own watch, directly due to policies and laws HE signed. Yet instead of realizing it is his own fault, he doubles down on wanting to take this failed form of government nationwide. Meanwhile he tries to pick verbal fights with the governors of Texas and Florida, states where his former residents are fleeing to.
So, the next time you see Governor Hair Gel spitting out another pack of lies or ridiculous extreme left wing do-nothing suggestion for turning the rest of the country into the failing state of Kalifornistan, try your best to control your laughter.
Bob
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No Gun Control Without Dead Children
I think I’ve been crystal clear at what is at stake with school safety and gun control. The extreme leftist gun-control activists are willing to sacrifice your children to achieve their goal of disarming law-abiding citizens. But it’s not just willing to, it’s actively working towards getting school children slaughtered to sway public opinion to the only so-called “common sense” solution, more gun-control.
Remember, gun-control does absolutely nothing to increase public safety and the answer to fix that shortcoming is always to implement more gun-control.
Apparently losing traction on the imaginary “school-to-prison pipeline” argument of getting law enforcement officers out of schools, the new approach is student mental health.
A recent social media post from the Moms Demand Action – ME shows the level of absolute disregard for children’s lives they are willing to go to keep parents, teachers and school boards from stopping school shootings.
According to a senior director of research at Everytown: “The cumulative impact of shooter drills, lockdowns, metal detectors, armed teachers and other school-hardening measures is an environment that feels inherently unsafe for American’s school children. The most effective way to keep kids safe in school is to implement proven school safety programs and programs that prevent gun violence, including secure firearm storage.”
Let me translate this for you. It’s better to remove any means to deter a psycho/murderer from targeting the school, or stop them once they do get there, or keep children from getting killed in event of a school shooting incident, because that creates an environment “that feels inherently unsafe”.
Yes, you read it correctly, secure firearm storage laws will prevent the killer who already has possession of a gun, right along with the violence shield created by a Gun Free Zone sign.
As states and cities are pushing to provide funding for armed school resource officers and staff on school campuses, Giffords Law Center, the free legal provider for gun-control states, cities, and towns around the country, produced another one of their biased “research” efforts showing incidents occurring when people bring guns to school grounds.
As you might expect, it conveniently leaves out many details. Some incidents were firearms found in restrooms, a sad but extremely preventable occurrence. Others were by parents/guests at the school, completely non-school related off-school property issues, or the horrific ‘saw a teacher’s gun’. Everything is stuffed in together to make the numbers appear larger than they really are.
How many of these incidents were by school staff screened and trained for carrying firearms? That is usefully ambiguous. Also unmentioned is how many school shootings there have been at schools where staff and teachers are armed. Hint: The number is zero, but Giffords won’t tell you that.
Even in my own state, there is the insanity of thinking Gun Free Zones actually protect lives. A simple wording change to clarify the current law banning the discharge of firearms on private property withing 500 feet of a school to explicitly exclude self-defense has been met by fierce resistance from the usual suspects/zealots of gun-control.
In one person’s testimony against the bill:
“Gun owners living close to school zones should consider moving for the safety of the children if they can’t abide by the law. The reason why it is prohibited to discharge a gun in a school zone is to protect the public, specifically children. Children who may be on the playground during recess, children walking to and from school, children being dropped off and picked up in school parking lots.”
From a criminal’s point of view, what a bonanza! Not only are you free to bring a gun and commit whatever crime and violence they wish (because they’re criminals, and criminals don’t obey the law) at a school without any fear of being stopped, injured, or killed, but also at homes and on the street within 500 feet of the school.
By the way, have you ever wondered why 500 feet? Like many of the ludicrous zoning laws around the country designed to keep firearms retailers out of their cities, the 500-foot rule is meaningless and has no basis in any safety metric. A modern pistol or rifle bullet can fly a mile or more, although with very little accuracy save a few highly skilled marksmen. Yet a 500-foot imaginary safety zone, where you can actually SEE what could potentially be hit by a bullet, somehow makes sense.
Even the gun-control activists occasionally say the quiet part out loud. Without enough news stories about dead children, they can’t get gun bans in place. So, they do everything they can to keep these horrific incidents occurring.
As we’ve seen time and time again, killers prefer unarmed victims and the best place to find them is in Gun Free Zones. 98% of all mass shootings in the United States since 1950 have occurred in Gun Free Zones. Statements and writings from the murderers themselves show they choose locations where there is no armed security, and their intended victims are not allowed to carry firearms for self-defense.
Sadly, this insanity is happening in cities and towns across the nation. The fallacy that burying your head in the sand under a little plastic Gun Free Zone sign is the best and only way to keep your children safe at school.
Bob
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