Tag: #GunVote

California’s 1 in 30 Ban Update 

In a rare pro Second Amendment ruling last Thursday, the U.S. Court of Appeals for the Ninth Circuit reversed a stay issued against an injunction against California’s “1 in 30” ban. The ban prohibits Californian’s from purchasing more than one firearm in a 30-day period. The ruling by a three-judge panel in the case of Nguyen v. Bonta is short and to the point. “The order (Dkt. 9) granting Defendants’ motion for a stay pending appeal (Dkt. 3) is REVERSED.” There was no stay included in the reversal of the stay, so the order was effective immediately. 

The original lawsuit against the ban was filed in federal court on December 18, 2020, when the 1 in 30 ban only covered handgun purchases. The ban was expanded on July 1, 2021, to include semiautomatic, centerfire rifles as well. The law was expanded again on January 1, 2024, to include any firearm, completed frames or receivers, or so-called “firearm precursor parts”.

The 1 in 30 ban was struck down on March 11, 2024, by District Court for the Southern District of California by Judge William Q. Hayes. The judgement was stayed in the original order for 30 days to facilitate the State’s appeal. A stay pending the outcome of the appeals was granted on April 24, 2024, by a separate three-judge panel. 

The justification for the 1 in 30 ban was explained by the State in the motion for a stay as: 

“California law does not limit the total number of firearms that any person may possess, the OGM (one-gun-a-month) law addresses the particular dangers associated with bulk purchases that occur within a relatively brief period of time, such as straw purchases and illegal firearms trafficking. The law makes it more difficult for criminals to acquire firearms by reducing the flow of guns into the black market and thus curtailing the illegal gun market. The law also makes it more difficult for individuals to stockpile firearms for criminal activity.”

During the defense of the stay, the California DOJ attorney claimed that the reason for the gun rationing law was to “disrupt” gun trafficking and straw purchasing. When pressed for evidence the 1 in 30 ban actually does this, the DOJ attorney cited unnamed “some studies” and that other states had adopted one-gun-a-month statutes. 

The state also claimed anyone who needed an additional firearm in that 30 days could “borrow” a firearm until they were allowed to purchase another. This of course is against the law in California as it is illegal to loan or otherwise transfer a firearm to another private party, except between immediate family members, without conducting a Private Party Transfer at a federal firearms dealer and waiting the required 10 days. It is also illegal to transfer ammunition to another private party without going through an “ammunition vendor” and paying for a background check, along with any wait imposed by the State for the completion of the background check. 

The 1 in 30 ban serves as a prime example of California’s draconian approach to gun control. The basis for the law was conjecture based not on factual evidence, but a desire to systemically reduce the number of firearms a person could lawfully obtain. “Some studies”, while not even cited in this case, are usually result of biased, State funded “research” where they start with the outcome and work to create “facts” and numbers to support the outcome. This law also demonstrates the scope creep commonly found in gun control. What started out as a one-handgun-a-month ban, expanded to include semi-automatic, centerfire rifles, then expanded to ALL firearms, frames, receivers and even so-called “firearm precursor parts”. 

The State was very cautious to include in their testimony that they do not limit the number of firearms a person can own, only how quickly they can obtain them. However, if you examine the State’s history of continuously tightening the regulations on lawfully purchasing and the possession of firearms, it is painfully obvious it will only be a matter of time before a hard limit of how many firearms the State will ‘allow’ you to own is imposed. 

The State has the option of appealing the reversal to an en banc panel of the Ninth Circuit Court of Appeals. Considering one three-judge panel issued the stay and a different three-judge panel reversed it, an appeal by the State is almost guaranteed. The State has also fared far better with their hand selected en banc panels. We should expect nothing different in this case. 

The latest news indicates the State is still updating the DROS (Dealer Record of Sale), the registration and background check system, to comply with the reversal of the stay, although there is nothing to say this process won’t be dragged out indefinitely pending their obtaining another stay and reversal of the original court decision. 

I’m going to keep saying this, fighting gun control laws after they are passed is a fool’s errand. It is a long shot to even get the right appeal and we the citizens of the United States are not only funding the appeal but the defense of unconstitutional laws. In this game, only the lawyers win and we the people lose our rights in the process. 

What does work? Electing representatives at the local, county, state and federal level who will NOT sell our constitutionally protected rights to the gun control zealots. EVERY seat on EVERY board matters.  Yes, even in Kalifornistan.  

Bob

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Vote Early, Vote Often… A Santa Cruz Story

It’s been five years since I escaped the People’s Republic of Kalifornistan, so imagine my joy at receiving yet another notice from the Santa Cruz County Elections Board to validate my address for my absentee ballot in the upcoming general elections. The notice had my residence address listed as my old Scotts Valley address, with the mailing address of my previous address in New Mexico. The new owners of the property were kind enough to forward it on to Maine for me. 

Now keep in mind, in the past five years, I moved to New Mexico, where I obtained a driver’s license, registered to vote and voted while I was there, then moved to Maine, where I obtained a driver’s license, registered to vote and voted since I’ve been here. According to this notice I received, either of these should have triggered them removing me from the voting rolls in California. But apparently not. 

An unscrupulous person might say, screw it… if they want to send me a ballot, I’ll vote there too. It wouldn’t be a vote they’ll like, but I could send it anyway. But that’s not only dishonest, but illegal. So, one more time, I returned the notice saying I was no longer at either address.

For a while I thought about sending back a notice saying I had died thinking that might give them the hint to clear me off their list, but then I really didn’t want to join the Democrat party. 

Not to be outdone, every year the City of Scotts Valley sends me a reminder that my business license has expired, and I need to renew it promptly to avoid a late renewal penalty. Being the persnickety person I am, I cancelled everything before I escaped the iron grip of Kalifornistan, but again, it doesn’t seem to have taken. Although at this point, I admit to getting a little nostalgic when I read these notices. It’s kind of like getting a Christmas card from an ex. You can appreciate the thought but really wish they’d stop.

Voting integrity is serious problem in this country, as witnessed by the last few general elections. The explosion of mail in ballots (thanks covid), lax to zero validation, purposely signing up unlawful residents or the dearly expired, and unaccountable counting has caused many, myself included, to lose faith in our electoral system. 

How can we consider ourselves a first world nation, a leader in technology, economics, trade, law, medical care, morality and living standards, but we can’t manage to accurately tally the votes for a general election on the same day as the election. Just about every other country on the plant can do it, from the biggest and most advanced countries down to the most rural, remote and destitute third world countries. 

You have to wonder, is it our highly advanced, saftest and securest voting systems ever that cause us to take days, weeks and months to count votes (but only in the battleground states) and can’t be fully audited or is it the people running them? 

While the left leaning of our nation pushes universal mail in voting, the same left leaning companies who support them demand in-person voting for things such as union organizing. Why? Because they don’t have faith the elections will be free from fraud otherwise. Go figure. 

Elections are arguably the biggest civic obligation we as United States citizens have, yet we have a dismal voting participation rate of 66% in the last elections – up from 59% in the previous general elections – placing us as 73rd out of 198 nations. 

As for the imaginary barriers to voting that discriminate against otherwise eligible voters, well, those just don’t exist. They make great campaign fodder and news stories, but they simply do not exist in real life. Anyone who wants it is fully capable of obtaining proper identification documents needed to legally cast a ballot anywhere in the country, but saying some can’t and will be disenfranchised is a great way to keep the voting rolls as open and malleable as possible. 

So, on Tuesday, November 5th, 2024, I encourage you to get out and vote early, but vote only once. 

Fun side note: I wanted to check the date for the general elections this year, so I typed “what date are the general elections in 2024” into a popular search engine. Along with a list or articles and the date, over on the right side of the results page was the picture and article on the candidacy for the current Vice President, and ONLY the current Vice President. Subtle…

Bob

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Lost Rights (Maine Edition) 72 Hour Waiting Period Begins 

Useless gun control begins in Maine as the 72 hour waiting period to purchase a firearm goes into effect August 9th. This law is a knee jerk reaction by the gun control community who capitalized on the horrific tragedy in Lewiston. The legacy of those who lost their lives because of the absolute failure of the government agencies who swore to protect them and had all the legal means to do so is now a law which may itself cost more innocent lives. Well played Maine gun grabbers. 

A post purchase wait, a so-called ‘cooling off’ period, before taking delivery of a firearm is primarily designed as a suicide prevention measure, even though the waiting periods have never been proven to reduce suicide. Some studies have shown it ‘potentially’ reduces suicide by firearms, but none of the studies have ever looked at suicide as a whole. If denied the use of one means, a firearm, did the person simply commit suicide by another means, such as drugs, sharp objects, gravity from falling off a building or any of the myriad ways people have ended their own lives? The blanket claim of having a waiting period for firearm purchases prevent suicide is absolutely false, as is one of the left-wing sponsor’s statement of “It’s going to save lives”.

Advocates of this new gun control restriction admit that this particular bill has been around for years and was never able to get enough traction to be implemented. However, the tragic shooting in Lewiston allowed them to move it forward. While it would have done absolutely NOTHING to stop what happened, the gun control zealots were more than willing to celebrate the passage because of the outrage and sympathy the corpses of dead Mainers brought. 

This new law is an example of the sickening mantra of “Never let a good crisis go to waste”. 

Just as they have done in other previously free states, they needed to wait for a triggering event to get the gun control ball rolling. According to one sponsor, “There was a greater awareness of the prevalence of gun violence and a greater interest, perhaps, in addressing gun safety.”

Let’s not forget the legislative gamesmanship of the like rarely seen before in the State of Maine practiced to get this law passed. These included such tactics as having vulnerable Democrat members conveniently absent during key votes and an obscure “vote paring” scheme to create the illusion of opposition while passively allowing the measures to pass. The Governor herself allowed this bill to become law without her signature to create the optical illusion of not supporting gun control in a very pro Second Amendment state. 

The law summary: “This bill requires a 72-hour waiting period between an agreement for the purchase and sale of a firearm and the delivery of that firearm to the purchaser. Certain exemptions, such as the sale to a federally licensed firearm dealer or a law enforcement officer, are specified.”

The law is horribly written and leaves many questions unanswered. Up until just days before it went into effect, there was zero guidance from the State about how this law would be implemented or enforced. The little direction there is has come in the form of a three page unsigned, undated, FAQ style document titled “Advisory on 72 Hour Waiting Period” with the seals of the Maine Department of Public Safety and Maine Office of the Attorney General at the top. See the attached document below. 

What exactly constitutes an “agreement” is still open to interpretation, in other words an ideal law for discriminatory prosecutions. It could be a conversation, a phone call, a text or an actual exchange of money. The State will get to decide what is and isn’t an agreement on a case-by-case basis by making those they target prove they complied with the law, instead of the State proving they didn’t. 

The idea that a cooling off period increases public safety is a sick joke.  Suicide, while itself heartbreaking, is not so-called “gun violence”. A waiting period is however a hinderance to those who would need to purchase a firearm in an emergency for the protection of their lives or the lives of their family. While the new law gives exemptions for law enforcement, corrections and certain security officers, none is provided for victims or potential victims of violent acts. The State seems to feel they are better left unarmed and dependent on them for protection. 

While other gun controlled states around the country with much longer waiting periods, such as California’s 10-day and New Mexico’s recently enacted seven day waiting period might consider Maine’s 3-day wait a dream, all recognize this is only the start and now that Maine has allowed the first gun control laws to come in, the floodgates will open.

What will follow is more small incremental, but absolutely necessary “common sense” steps to close the loopholes written into this law and increase the illusion of public safety. Given the gaping holes built into this starter gun control law, we should expect bills for state and local licensing and inspections retailers/Federal Firearms Licensees (FFL’s) to be introduced in the next legislative session. 

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

Lawsuits against the new law have been in the works by various Second Amendment supporting organizations since it was passed and will undoubtably be filed on or shortly after August 9th. Like similar efforts in other states, they will begin a long and expensive trip through the state and federal court systems. The gun control lobby and their paid contract legal resources will be doing everything in their power to draw this out until the makeup of the United States Supreme Court is changed and they are assured it will be adjudicated in their favor. 

I’ll say it again, fighting gun control laws after they are passed is a fool’s errand. It is long shot to even get the right appeal and we the citizens of the United States are not only funding the appeal but the defense of an unconstitutional law. In this game, only the lawyers win and we the people lose our rights. 

What does work? Electing representatives at the local, county, state and federal level who will NOT sell our constitutionally protected rights to the gun control zealots. EVERY seat on EVERY board matters. 

Bob

Advisory On Waiting Period Law.pdf

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Ammunition Vending, The Latest Gun Control Outrage

The latest outrage from the gun control extremists comes to you in the form of a vending machine, a vending machine that dispenses ammunition. Ammo vending machines are starting to appear at grocery stores and other locations across several states. How can they do this!?! Making deadly bullets available like it was candy or snacks! The outrage!

I wasn’t even aware of this until I saw a news report from my own wicked northeastern state. Granted it was from a station down in the radically liberal SOUTHERN part of the state next to Tax-achusetts, but sadly still from my own state. It took just three sentences before it associated the vending machines with the rise of so-called “gun violence” in the United States.  <deep sigh> Really? 

Ammo vending machines aren’t a new idea. Vending machines have been dispensing ammo for years. There’s even been the occasional gumball machine filled with .22 available with the turn of the knob. What these previous iterations had in common was they were installed in controlled environments such as gun clubs, ranges or firearm retailers. This meant access to them was restricted to those who already lawful access to firearms and met the minimum age requirements.

The reaction from the gun control zealots has been swift and as nonsensical as you would expect.  Giffords, the California based gun control authors and legal resource provider for the gun control community said “Only in America is ammo as easy to buy as candy.”

Marla Bautista declared the “idea of vending machines dispensing ammunition in the same stores where we buy diapers and bananas seems unreal, like something out of a dystopian novel.”  We can only assume Marla has never shopped at a rural grocery store or someplace like Walmart. 

This new version ammo vending machine is from Dallas, TX based company American Rounds. The approach is high tech and arguably more secure than a face-to-face retail or internet transaction. While the legal age to buy rifle or shotgun ammo is 18, with pistol ammo available if you are 21, American Rounds sets their baseline age at 21 for all purchases. To purchase ammo through one of their machines, you must present a state ID which American Rounds checks to make sure it is valid. It also does a 360 degree facial scan to compare the person purchasing to the ID that was presented. 

What the gun control zealots would prefer is a nationwide implementation of the ammo control laws and systems like those based in Kalifornistan. There, every purchase of ammunition must be made in person, by California residents only, with proper, current and correct state issued identification, from a state certified “ammunition vendor”, with an ‘instant’ background check performed. No bringing in ammo purchased out of state, no ordering ammo online and having it delivered to your house, no purchasing, bartering, trading or giving ammo to a friend at the range. 

Keep in mind what the California system was designed to do. Right now, it’s only tracking purchases and doing background checks for buyers. Built into the system is the ability to deny purchases based on home much ammo has been bought, a quota system. Example: If you’ve already bought 100 rounds this month, you can’t buy more until next month. It also has the ability to deny purchases for calibers which do not match a firearm registered to the purchaser. Example: If you don’t have a 9 mm caliber firearm registered with the State, you can’t purchase 9 mm ammo. It can also deny purchases of ammo with lead, hollow point bullets, +P or any caliber the State decides is no longer acceptable for the citizenry to own. It can also shut down all ammunition purchases in a town/city/county or region during a riot or other ‘emergency’. 

Never mind that the system, the same one California uses for its firearm background check and registration system, has a significantly high rejection rate of 16% of lawful purchases while it only identified 0.03% of prohibited purchasers. Add to this the significant delays brought on by issues with the system and it’s no wonder U.S. District Judge Roger Benitez declared the law unconstitutional and struck it down. Undeterred, California got a three judge panel of the 9th Circuit Court of Appeals to stay the ruling while the appeal played out. 

What the gun control extremists don’t tell you is their desire to control access to ammunition is a testament to the failure of gun control. Think about it. They tell you that gun control laws are effective. Yet each year they must add more gun control laws to be effective. Now they must have ammunition control because the people who aren’t supposed to have firearms keep getting them, but THIS will stop them from using the firearms they aren’t supposed to have because of the effective gun control laws. 

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

For me, I like the idea of ammunition vending machines. Will it ever replace traditional firearm shops or other retailers? Absolutely not. Vending machines will provide access outside normal store business hours or when other options are a prohibitively distant. However, they will only be able to carry a limited number of calibers and options as compared to a brick and mortar or online store. You can also expect this convenience at a premium price point. 

My only concerns are from the security point of view. Not so much for the machines themselves, but from the data they contain. Knowing they utilize and validate state issued identification and associate it with a purchase, makes these machines a prime target for malicious hacking as well as warrant searches by local, state and federal authorities. Given the federal government’s willingness to create and maintain a searchable database of firearms and owners in the country, against federal law, this seems like a great place for them to start tracking ammo sales too. 

Of course, I’m going to try one the first chance I get. Because, ‘Merica!

Bob

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Our Nation Can Do Better

If you haven’t been convinced our once great country has degenerated into a third world nation, Saturday’s attempted assassination of the former President and current presidential candidate should seal the deal. It’s bad enough our own government has been using coordinated public/private lawfare of the most dubious legalities to pursue political enemies and harass, bankrupt and imprison them. And now we have this. Congratulations, we are now officially a banana republic.   

Let’s be absolutely crystal clear about one thing. There is ZERO place in this country for political violence towards any candidate or office holder from any party. 

Yet someone, we’ve deteriorated to a place and time where it’s okay to make wild, baseless accusations against individuals, organizations and ideologies, as long as it targets the right one. 
It’s okay to make comparisons to genocidal maniacs, as long as it targets the right one. 
It’s okay to say that there will be no more elections, no more civil rights, no more equality, no more democracy and no more freedom in our country if one person wins, as long as it targets the right one. 
It’s okay to burn, loot and destroy property in the name of your own beliefs, as long as it targets the right one. 
It’s okay to persecute and prosecute individuals and groups based on their religious or political beliefs, as long as it targets the right one. 
It’s okay to make physical threats and encourage others to harass, intimidate and assault a candidate, as long as it targets the right one.

Interestingly, the same folks preaching inclusivity and acceptance are the once who are promoting the most violent rhetoric. That’s okay as long as it targets the right one. 

There is also a significant number of this same crowd who are jumping on the absolutely sickening bandwagon of the hashtag howcouldyoumiss. But again, that’s okay as long as it targets the right one.

There are an enormous number of questions about how this occurred and more importantly, how it was not prevented, even as more evidence comes to light that there were warnings and interactions with the individual responsible leading up to the shooting. It will be interesting to see where this goes, if it goes at all. 

The investigation itself is being led by the country’s former premier law enforcement agency. Given their current reputation, history of open hostility towards anything connected with conservatives or the former president/current republican candidate, as well as their recent history of instigation, disinformation and obfuscation, I can’t say I’m feeling confident the public will ever hear a full accounting of what happened in Butler, Pennsylvania.

I suppose the good news is there seems to be a resurgence in independent press as of late, and despite the best efforts of the media, tech companies and government agencies, they are getting more and more information out. A free press is protected by the First Amendment, and we’re seeing why more and more every day. 

There but for the grace of god, a slight head turn resulted in a grazing wound to the ear instead of a fatal shot. But let’s not forget one individual in the crowd of attendees did suffer a fatal wound and two others were critically injured. These innocent people and their families deserve our love and support. 

Does this incident damper my support for the Second Amendment or my opposition to the restriction of ‘whatever the hell they come up with this time’? Absolutely not. Our individual rights and the freedom of our nation will NOT be dictated by the actions of lunatics, psychopaths, fanatics, criminals, terrorists and thugs. 

How can you protect your rights and help our nation do better? Vote. Every seat on every board in every community is important. If we are not showing up, we are ceding control of our communities, our states, and our nation to those who may not share our interests. 

Bob

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Human Authored Since 2015

As the world embraces more and more artificial intelligence (AI) over the work of humans, it’s important to recognize some things are better left to the old fashioned human mind. 

A recent “State of the Internet” report showed that 42% of all internet traffic is now attributed to AI bots and 65% of those bots are malicious. Scraper bots are commonly used for competitive intelligence and espionage, inventory hoarding, imposter site creation, and other nefarious schemes. 

Are there drawbacks to human works? Of course! Humans are subject to influencing factors such as age, illness, injury, sleep disruptions, family emergencies, shifting priorities, schedule conflicts, torrential rains, heat, humidity, blizzards and wicked cold, as well as good old fashioned writer’s block. 

AI doesn’t have those problems. It might have a little susceptibility to power outages, but that only comes into play if someone’s data center backup power fails. You just plug in your parameters, and it spits out the results based on its programming and the information it’s been fed to ‘learn’. 

While many businesses are embracing AI for the operational efficiencies it creates, allowing them to reduce their reliance on human employees, the benefits to the creative industries such as art, music and writing are less impressive. AI gaffs on American history and images of people, objects and places have been nothing short of epic. 

The problem is the human factor in encoding and teaching the various AI programs. While the introduction of a little bias is probably expected, programmatically introducing woke ideology, one extreme wing of the political spectrum, and fabricated works of cultural fiction are inevitably going to produce radically one sided results presented as “fact”. 

Does this mean all writers should go back to using a manual typewriter to avoid any technology bias? Oh hell no! Word processors, spell check and grammar checking tools are definitely the writer’s best friends. Tools like this are merely applying simple structure rules against the writer’s creative thoughts. Of course, I don’t always take that advice anyway since many times the ‘proper’ way doesn’t always sound like something I’d say or write. 

Why do I bring this AI BS up? Because I could produce many more articles in a timelier fashion if I embraced AI. If I fed all my previous articles in, along with my research from c:\OddStuffing folder, I could simply request a two page article on say ‘The Importance of the Second Amendment Today’ and be done with this week’s post. 

But that wouldn’t be me. That wouldn’t be what I’m thinking, the emotions I’m feeling on the topic at that moment in time, recent interactions I’ve had with others or my passion (a.k.a. expressed as rambling) for the topic, all things that shape not only what I write but how I write it. 

There is a side of me that would like to try using AI for a pro Second Amendment article if for no other reason than to see how badly it would turn out, but that’s not where my interests are. 

So if I don’t post something for a while, it doesn’t mean my enthusiasm for the Second Amendment has faded, I’ve given up writing about the threats we are facing or I simply don’t care anymore. It only means that one or more of the aforementioned human influencing factors has occurred and my attention was temporarily required else ware.  

We all need to pay attention to what is going on and do our part to make the situation better. We also need to understand that outsourcing the things that are most important to someone or something else may not produce the desired results. 

Bob (?)

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Knee-High By The Fourth of July 

Happy Birthday America! On this Independence Day In 2024, our country celebrates its 248th birthday as a sovereign nation, winning her freedom from Great Britian in the Revolutionary War. 

The saying “Knee-high by the Fourth of July” was used by corn farmers as a measure of success of their crops on Independence Day. It was said that knee-high stalks by the fourth of July would mean a good crop yield. Today, through advances in agricultural technology, farming techniques and genetic improvements, stalks in the Iowa corn fields are typically eight feet tall by now. Those of us in the northern most parts of the country who experienced hard frosts into June this year can still be happy with knee-high corn today.

Corn stalk growth is one of many things that have improved in the 248 years of our country. The quality and longevity of our lives, our standards of living and our recognition and protection of rights have all made great strides. We are a better and stronger nation not in spite of our diversity, but because of it. Peoples from all around the world coming together, united in the common belief that freedom is worth fighting for and protecting. 

Yet progress has not always been easy. Our civil war tore us apart. International enemies have attacked us. Internal turmoil, propagated by those who would profit from the chaos and division, cause our citizens to fight among themselves instead of working together.  

The general elections are coming up and the partisan rhetoric, slanders and lies are flying fast and furious. Money is flowing not to convince you that someone is the right candidate, but that the other candidate is wrong. A very sad state of affairs. 

In the 2020 general elections, 66% of the eligible voters participated, the highest turnout since 1900. This was up from about 55% in 2016. (The number of actual vs. fictious voters is still debated, but that’s a different topic.) But while the 2020 numbers are a good, our nation still lags far behind other so-called developed nations. Our voting participation seems to have peaked in 1876 when approximately 82% of eligible voters cast their ballots. I guess voting was cooler back then. 

Of course, election participation doesn’t always equal quality elections. Free and fair elections are subject to the whim of whomever is running them, a fact well known around the world. We’ve also learned that more technology doesn’t make voting better or more accurate, it just makes it more vulnerable. 

Consider also that in just about every other country, all the votes are tabulated, even with millions cast and counted by hand, and the winners announced at the by the end of the actual election day. It wasn’t so long ago we used to be able to do that in our country. So much for a technological advantage. 

Sometimes the old ways are the best ways, even in our high tech, AI driven, hyper politically correct society. Just because there is a new technological solution to a problem, doesn’t mean it should be done that way. 

I’ve said it before. Every seat on every board in every community is important. If we are not showing up, we are ceding control of our communities, our states, and our nation to those who may not share our interests. 

It used to be very common for Americans to have home gardens. Many had chickens or other small livestock, even in cities. While technology has helped increase the quality and yield of many crops, someone still has to plant it.  


United States citizens used to vote a lot more too. We used to think of our voting rights as our civic responsibly. Now far too many are content to let others handle things while they sit back and complain. 

There’s still time to plant some seeds and grow some wonderful fresh veggies this year. While you’re at it, register to vote and grow a great country too. 

Bob

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Government Failures = Lost Rights (Maine Edition)

Once again government failures have resulted in citizen’s lost rights. I am referring to recently enacted gun control laws in Maine. The federal, state and county agencies who had all the information AND the legal authority to take decisive action which could have prevented the horrific tragedy in Lewiston, all failed to do so. Now the citizens of the state will lose their rights as gleeful left wing gun control extremist legislators start Maine down the never ending path of useless gun control laws, because… Lewiston. 

Let’s go back to Maine before the horrific shootings in Lewiston on October 25th, 2023. Maine has always been ranked in the top three of the safest states in the country, usually residing at the #1 spot. Maine also ranks as one of the least gun controlled states in the country. This of course made Maine a target of the gun control groups. And just as they did with other previously ‘free’ states, they just needed to wait for a triggering event to get the gun control ball rolling following the sickening mantra of “Never let a good crisis go to waste”.

Low crime rates and low gun control is no coincidence. The gun control zealots will tell you this is in spite of the lack of gun control laws and point to their so-called “studies” showing how violent non-gun controlled states are. They bizarrely claim that while “Maine is also a permitless carry state, though it continues to have low gun violence relative to its firearm laws, likely in part because it is protected by the strong laws of other states in the region.”

In reality, the exact opposite is true. Fewer gun control laws allow the law-abiding citizens of the state to be responsible for their own safety and security. More gun control laws mean a constant spiral of more government failures, more violence, followed by 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.

The sad truth here is the number of federal, state and county agencies who had first-hand information about the danger the suspect posed in the months leading up to tragedy, yet failed to act on it, despite having full legal authority to do so. From the US Army/Army Reserve, the New York State Police to the Sagadahoc County Sheriff’s Department, who were all either witness to his violent behavior and stated intentions or received the information from witnesses. 

Despite the vehement denials by the Sagadahoc County Sheriff’s Department and the deputy involved saying they absolutely did not have legal authority to act, and simply did not want to make matters worse, the Independent Commission appointed by Maine’s Governor to investigate the incident made it clear they did in an interim report. Excerpts from that report include:*  

“The Commission unanimously concludes that the Sagadahoc County Sheriff’s Office had more than sufficient information to begin the process of securing a Yellow Flag order against Robert Card Jr. on September 17th, 2023.”

“The Commission recognizes that, to take Mr. Card into protective custody, an officer would have had to make “face-to-face” contact with him. We also recognize that that process might not have been without difficulty and potential risk. Taking Mr. Card into protective custody, however, was warranted by the information known to Sgt. Skolfield as of September 17, 2023, and a plan to intervene and take Mr. Card into protective custody should have been undertaken.”

“As reported, the Yellow Flag process may sometimes be cumbersome. A review of other Yellow Flag orders in Maine, both before and after the October 25th shootings, demonstrates that the process can and has been successfully used. An officer needs to have knowledge of the process, use all the resources the officer has to gather the necessary information, and have the dedication and persistence to follow through with the investigation and the process.”

As I indicated above, gleeful left wing gun control extremist legislators in Maine were more than happy to capitalize on the deaths of innocent victims to pursue their agenda. MANY gun control bills were introduced, and legislative gamesmanship of the like rarely seen before in the State of Maine were practiced to move them forward. These included such tactics as having vulnerable Democrat members out for walks during key votes and an obscure “vote paring” scheme to create the illusion of opposition while passively allowing the measures to pass. 

In the end, a 72 hour waiting period was approved, as well as a mandating background checks for private advertised sales and “improvements” to the state’s Yellow Flag law. 

What impact will the new laws have? The 72 hour waiting period will result in significant lost business to the state’s hunting and sporting business (a major goal of the gun control lobby) and potentially the loss of the state’s largest firearms retailer who may move to New Hampshire (another major goal of the gun control lobby). With no exceptions for those who are seeking protection from abusers, victims of domestic violence will be left to fend for themselves.  

Changing the state’s Yellow Flag law by removing some of the due-process protections in favor of simplified actions for law enforcement has now turned the Yellow Flag law a dark shade of orange. While not a full-fledged red flag law with an expansive laundry list of people who can petition to remove your firearms and Second Amendment rights, the ‘streamlining’ allows law enforcement to take the action for them. As we’ve already seen around the country, streamlined simplicity leads to abuse. 

While other gun controlled states around the country with much longer waiting periods, such as California’s 10-day and New Mexico’s recently enacted seven day waiting period might consider Maine’s 3-day wait a dream, they all realize this is only the start and now that Maine has allowed the first gun control laws to come in, the floodgates will open. 

Maine’s new gun laws go into effect on August 8th, 2024.

By the way, if you’re wondering what the state’s law-abiding citizens response was to the tragedy in Lewiston, it was to purchase firearms and get training. People are understanding the government will never be able to protect them and they are responsible for their own and the protection of their families.


Yes, it does matter who you vote for. 

Bob

* Note: I normally do not include the names of the pathetic psychopaths who commit these horrific crimes, however I chose to quote the Independent Commission’s Interim Report directly. 

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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 55th 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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The Right To Bear Arms For All? 

Every so often a case comes around that makes me stop and rethink my views on firearms rights. Such is the case of Heriberto Carbajal-Flores who is residing in the United States illegally and was charged for possessing a firearm under 18 U.S.C. § 922(g)(5), the noncitizen possession statute. US District Judge Sharon Johnson Coleman ruled this section of the law to be unconstitutional and dismissed the charges. 

18 U.S.C. § 922(g)(5) is quite simply 
(g) It shall be unlawful for any person— 
(5) who, being an alien—
(A) is illegally or unlawfully in the United States; or
(B) except as provided in subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26)));

The ruling was based on the United States Supreme Court’s New York State Rifle & Pistol Association, Inc. v. Bruen (Bruen) ruling as the key element. Post Bruen, all Second Amendment related laws must be consistent with the “text, history, and tradition” of the country, with the burden of proof falling on the State when a law is challenged.

Carbajal-Flores had never been convicted of a felony, a violent crime, or a crime involving the use of a weapon. In this case, Carbajal-Flores contends that he received and used the handgun solely for self-protection and protection of property during a time of documented civil unrest in the Spring of 2020. 

The logic behind the applicability to a non-citizen in the United States boils down to the wording of the Second Amendment. 

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

Like the First, Fourth, Ninth and Tenth Amendments, the word “people” was used, not “citizen”. This was certainly not a mistake of terminology as the Founders understood the difference and used the word “citizen” eleven times in the Constitution. 

We correctly view our rights as “natural rights” or “pre-existing, inalienable rights”, protected by the Constitution and Bill of Rights, not granted by them. 

To say the United States does not recognize the difference is absurd. Amendment XIV, Section 1, Clause 1 of the Constitution directs that all persons born in the United States are citizens. First, Fourth, Ninth and Tenth Amendments are unquestionably applied to non-citizens in the United States. 

The United States detention center at Guantanamo Bay, Cuba was specifically created to keep enemy combatants captured during the War on Terror following the 9/11 attacks out of the US court system and have them subject to the same Constitutional rights and privileges as those on US soil. 

This case comes at a noteworthy time in our country with the current administration facilitating the influx of millions of illegal aliens, politically termed as “migrants”, and “asylum seekers”. The administration wants to bestow upon them all the rights and privileges of citizenship, including voting, along with many benefits not available to citizens such as free healthcare, housing, provisions, income, and legal representation. But at the same time, the one enumerated right they don’t believe anyone should have, the right to bear arms, is something they are willing to deny. 

It will be interesting to see if the federal government uses the same type of historical analogues the states have used in their defense of gun control laws which have been ruled unconstitutional. Recall numerous arguments have been made which referenced laws restricting the sale and trade of firearms and gunpowder to Native Americans due to the risk of “Native violence”. Perhaps they’ll be able to cite the disarmament of British loyalists, Native Americans, and black people as applicable “text, history, and tradition”. 

There are of course multiple avenues to keep firearms out of the hands of non-citizens. Universal background checks, a favorite (yet useless) approach of the gun control zealots, mandates all firearms sales and transfers must be conducted through a Federal Firearms Licensee (FFL). Even if question 21, l (Are you an alien illegally or unlawfully in the United States?) on Form 4473 was voided, they could deny the transfers based on inadequate personal identification. 

This would be directly opposite of the decision to allow illegal aliens to fly into and around the United States using nothing more than a civil immigration violation form or an unvalidated entry in the CBP One app, while being able to decline having their picture taken. The rest of us must have an enhanced driver’s license or passport to fly, and the correct, current and valid photo ID to purchase a firearm. 

As I said at the beginning, this case has caused me to rethink my views on firearm rights. I’ve always accepted the noncitizen possession statute as a matter of course, most likely from years of reading and enforcing the provisions on the 4473. Yet when you recognize the rights of the “people” include all people and all “natural rights”, it causes you to take a second look. 

Of course, allowing non-citizens to legally purchase or possess firearms is a long way from a done deal. This was just the first ruling from a US District Court judge and there is zero chance our administration will let a ruling with the potential to allow millions and millions of non-citizens to possess firearms become the law of the land without a fight. 

Bob

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