Independence Day 2021

Today we celebrate the publishing of the Declaration of Independence proclaiming us no longer subject to Great Britain’s rule in 1776. This year it comes at a time when our nation is being shamed by those who supposedly represent us for not living up to our potential or being a racist, evil capitalist society. Some are offended by the mere sight of the American flag, the sound of the National Anthem or the words in the Pledge of Allegiance. What a crock! 

For those who wish to malign our nation and way of life, to say we are a systemically racist and oppressive society, I support your freedom to do so as protected by the First Amendment to the Constitution. But don’t expect me or anyone else to promote your lies and indignation while exercising the same guaranteed rights you are trying to deny to others. Your ability to say these things without legal repercussions is due to the very system YOU are trying to destroy.

Our nation is the shining beacon of freedom it is today because 245 years ago today, patriots from the original 13 colonies decided it was better to live dangerously free than under the relative safety of an oppressive government that no longer represented their interests. Our Bill of Rights, those inalienable Rights unique to the United States of America, have never been duplicated anywhere. Why is very simple. Free people with guaranteed and protected rights are difficult for the government to control. And that my friends, is the whole idea. 

Last week I had the occasion to spend some time in several small, rural towns. What struck me was the level of patriotic spirit being displayed in preparation for the Fourth of July. Not only was Old Glory proudly displayed on nearly every home, but also on every single utility pole along the main streets of the towns. Most of these towns will be celebrating with their own small parades and community get-togethers, proudly and respectfully. 

Patriotism is not dead or even declining. It is as strong as it ever was and getting stronger every day. The more we are told to be embarrassed by our patriotism and national pride, the more people are waking up to the words written by our Founding Fathers. 

Independence Day is for every American, even those who are too foolish to realize it. Be proud of our nation and don’t be afraid to show it. You are the majority, and you are among a nation of patriots. 

If you haven’t read the Declaration of Independence lately, today is a good time to do it. https://www.archives.gov/founding-docs/declaration-transcript

Libertatem diu vivere!

Bob

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A Direct Threat To Public Safety

This quote was part of the California Governor’s response to the ruling from U.S. District Judge Roger Benitez declaring the state’s 32-year-old ban on so-called “assault weapons” unconstitutional. While this matter is nowhere close to being final, the June 4, 2021, ruling in Miller v. Bonta is a substantial step forward in the restoration of Second Amendment protected rights in the State of California, as well as the rest of the country. 

The first part of this ruling is: 

“Like the Swiss Army Knife, the popular AR-15 rifle is a perfect combination of home defense weapon and homeland defense equipment. Good for both home and battle, the AR-15 is the kind of versatile gun that lies at the intersection of the kinds of firearms protected under District of Columbia v. Heller, 554 U.S. 570 (2008) and United States v Miller, 307 U.S. 174 (1939).”

Of course, the Governor and State Attorney General Rob Bonta immediately attacked this ruling:

“Today’s decision is a direct threat to public safety and the lives of innocent Californians, period. The fact that this judge compared the AR-15 — a weapon of war that’s used on the battlefield — to a Swiss Army knife completely undermines the credibility of this decision and is a slap in the face to the families who’ve lost loved ones to this weapon.”

By attacking the analogy used by Judge Benitez instead of the facts of the case, then continuing to perpetuate the “weapon of war” lie, it showed how little understanding the Governor and Attorney General really have about firearms, crime, violence and the Constitution.

The comparison is apt as the iconic Swiss Army Knife is universally recognized as an indispensable, multi-function, multi-use tool. The Judge could have just described the fact that the AR-15 is an indispensable, multi-function, multi-use tool, but he decided to use the common analogy to make the point. Thinking it compared lethality or anything else is absurd. 

Of course, the “weapon of war” lie is one of the most popular myths among the gun control extremists. It attempts to portray the AR-15 as the exact same firearm used by military forces. Naturally it is not, and the incredibly HUGE difference is military firearms that ‘look’ like the AR-15 are select fire; having the ability to fire multiple rounds per trigger pull, either in a burst or fully automatic. The AR-15 has NEVER been used by our military or any other as a “weapon of war”. It is simply a semi-automatic firearm, just like any other semi-automatic firearm without the so-called “evil” cosmetic features. But you already knew that. 

While the full ruling is 95 pages long, I encourage you to take some time and read it. Like all of Judge Benitez rulings, it is extremely well thought out and documented with verifiable, factual evidence, even if the State of California ignores it. The link to it is below. 

The big question is of course, what happens now? Judge Benitez stayed the ruling for 30 days within the ruling itself, ironically expiring on the 4th of July. The State will appeal, as they have promised in their public statements.  

California is the Ninth Circuit U.S. Court of Appeals, well known for its hostility towards and rulings against anything Second Amendment related. Cases in the Ninth tend to be decided by the political ideology of the judges assigned to the case rather than facts or Constitutional issues. 

The success in this case was made possible thanks to generous donations and the member supported organizations behind it. The cost has been significant and will continue to grow as it goes to the next stage. 

Now realize the State of California has unlimited resources to fight this case. Why unlimited? Because they are fighting this with YOUR tax dollars. The highly exorbitant tax dollars you pay to the state not only pay for their socialist agenda items, but to litigate cases like this to protect their ability to strip your rights away from you. If the State needs more money for the effort, they simply shuffle money from one account (like the DROS fund) to another. If they run out of money, well guess what, there’s more of that where it came from, YOU. 

And let’s not forget the billionaire funded anti-gun “grassroots” groups and lawyers who do not want this case to become precedent for the entire country. 

With the ruling stayed pending appeal, the State has everything to gain and nothing to lose by dragging out their appeals. The longer the case go on, the more resources are drained from firearm rights organizations. More dollars spent on this case means less dollars spent in other cases. All they need to do is drag this case out long enough for the 5-4 conservative majority on the United States Supreme Court to be reversed, or the Supreme Court to be packed by liberal appointed Justices, whichever comes first. 

This case is FAR from over and it is going to be years before it makes it to the Supreme Court. Even so, there is no guarantee it will be granted a writ of certiorari OR be heard by a Court supportive of Second Amendment protected rights OR be adjudicated in our favor. Even in the absolute best of circumstances, it’s a crapshoot. The chances of getting any law reversed, even a bad one, is slim at best and the only ones who are certain to win are the lawyers. 

I will repeat what I have said time and time again, the ONLY way to prevent these kinds of idiotic, non-sensical gun control laws from going into effect is to STOP electing people who are promising to take away your rights. 

Bob

https://d3n8a8pro7vhmx.cloudfront.net/firearmspolicycoalition/pages/5381/attachments/original/1622850515/Miller_v_Bonta_Opinion.pdf

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Memorial Day 2021

Memorial Day is our nation’s time to pay tribute to those who paid the ultimate price for our freedom. At least that is what it is supposed to be. However, these are not normal times. The American flag is considered by some to be offensive when flown on our own soil. Patriotism is seen as a threat to our republic. And worst of all, those who fought and died for our freedom are being dismissed and forgotten.

I do not share these views. In fact, I’m willing to bet that the vast majority of our nation still believe in our country and that those who perished to guarantee our freedom were heroes. Memorial Day is celebrated to recognize these men and women’s sacrifice and what it means to all of us. This is not the time for politics, it is a time for honor and remembrance. 

The freedoms we enjoy as United States citizens came at a horrific cost, the blood, flesh, bone and souls of American service members. While they all gave their lives in service to their country, each of their lives were unique and valued. Each had their own family, friends and community that was forced to go on without them. 

Our lost service members’ remains are buried in our national and state veterans cemeteries, and countless city, town and private cemeteries around our country. Many are interred on foreign soil, in the ocean or scattered to the winds. The final resting places of others are known only to God. 

In 2000, Congress passed the National Moment of Remembrance Act. It encourages all Americans to pause wherever they are at 3 p.m. local time on Memorial Day for a minute of silence to remember and honor those who have died in service to the nation. I ask you to please consider this in your own plans this Memorial Day.

In the end, the most important thing we can do is to not let these brave men and women’s sacrifice be in vain. We must continue to cherish and protect the rights, the freedom and the country given to us. 

For all of us who live free for your service, we celebrate your memory, we honor your sacrifice, and we shall never forget.

Bob

#honor, #respect, #sacrifice, #memorialday, #memorialday2021, #oddstuffing.com

If Gun Control Works, Why Hasn’t It?

If gun control works, why are parts of our country with the strictest gun control laws the ones with the most violence and crime? 

If gun control works, why are the parts of our country with the least restrictive gun control laws the ones with the least violence and crime? 

If gun control works, why are they always telling us we need more gun control?

If gun control works, why are they always telling us there are “loopholes” in the gun control laws they created that need to be filled in with new gun control laws? 

If gun control works, why do the gangs, terrorists, criminals and thugs always have guns?

If gun control works, why are American citizens buying firearms to protect themselves and their families in record numbers? 

If gun control works, why are the areas with the strictest gun control blaming the areas without strict gun control for the crimes and violence committed in the strictest gun control areas, when the areas without strict gun control don’t have the same level of crime and violence? 

If gun control works, why are more and more cities, counties and states doing away with gun control laws and passing laws to further protect our natural right to keep and bear arms? 

If gun control works, why hasn’t it? 

Bob

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When Mr. Right is Wrong!

Today’s slightly off-topic rant is dedicated to Bob Right of Saline, Michigan. Mr. Right came to Odd Stuffing, blocked me – the author & owner of this page – then proceeded to post insults on my posts. His Facebook profile page and “comments” are attached. 

It’s almost as if Mr. Right wanted to be able to post his abuses with impunity and not have to face any response from me. How very Facebook of him. For this juvenile attempt at a monolog, he has been banned. 

As I’ve said before, I enjoy having people disagree with me and commenting with their point of view on my posts. This is how I and everyone else gains a greater understanding of the issues we face today. I absolutely abhor blocking or banning people or deleting posts. I think it squelches the free exchange of ideas and only makes matters worse.

What I post are my opinions and I stand behind what I write. If someone doesn’t agree with them, that’s okay. I encourage you to reply with your own thoughts on the subject. But if the best you can do is insults and name calling, the lowest type of argument, how am I or anyone else expected to take you seriously? 

So, for coming on my page, purposely blocking the owner/author, then hurling insults, I reply to you with something you can easily understand, the universal intellectually superior comeback that trumps any argument; C’mon man! 

Bob

#OddStuffing, #BillOfRights, #Constitution, #SecondAmendment, #2A, #GunControlFails, #Cmonman, #medium, #mewe, #parler, #gab, #oddstuffing.com

More Threats For The Supreme Court

Another week, another set of threats directed at the United States Supreme Court from the White House, Congress and dark money political action groups. Their intent remains clear and blunt; decide cases in our favor or the Judicial Branch will be restructured to give us the results we want. 

From the Harris-Biden [sic] administration we have the Presidential Commission on the Supreme Court of the United States. The 36 member, so-called “bipartisan commission” is made up of far-left legal scholars, Democrat activists and a handful of Republicans who were highly critical of the former President. Public meetings by the commission will start the 180-day deadline for a report to the Administration. 

According to the White House, “The Commission’s purpose is to provide an analysis of the principal arguments in the contemporary public debate for and against Supreme Court reform, including an appraisal of the merits and legality of particular reform proposals. The topics it will examine include the genesis of the reform debate; the Court’s role in the Constitutional system; the length of service and turnover of justices on the Court; the membership and size of the Court; and the Court’s case selection, rules, and practices.”

Put another way, after six months of dog and pony show meetings and millions of taxpayer dollars, the hand-picked, pro-Supreme Court reform activists will deliver a predetermined conclusion to justify restructuring the Judicial Branch to meet progressive needs. 

From the extreme left political action groups and activists, we have a call for Justice Stephen Breyer, a stalwart and senior member of the left leaning Justices, to retire following a speech at Harvard Law School. 

Justice Breyer’s offense was he spoke out against packing the Supreme Court. He argued public trust in the court rests in the perception “the court is guided by legal principle, not politics”. This would be eroded if the Court’s structure were changed in response to concerns about the influence of politics on the Supreme Court.

Naturally, Justice Breyer’s thoughts go against far-left’s court reform movement, championed by dark money groups such as Demand Justice, the former employer of the current White House Press Secretary as well as the Administration’s point person on judicial nominations. The calls for Justice Breyer’s resignation include the commitment from the President to replace him with the first black female on the Court. 

From the Democrat controlled Congress, we have the Judiciary Act of 2021, a two-sentence bill introduced by Democrat members of the House of Representatives and Senate to pack the Supreme Court with five new liberal appointed Justices, bringing the total from nine to 13. 

The logic behind this is the 6-3 conservative majority on the Court. That’s all, nothing else. In reality, it’s a 5-4 conservative majority, with the Chief Justice now firmly siding with the left leaning wing following his capitulation to the threat of forced reform presented in the Senate Democrat’s “Heal Thyself” memo issued during the New York State Rifle & Pistol Association Inc. v. City of New York case. Still, any conservative majority is too much. 

The defense of packing the court has been as loud as it has been flawed. 

“We’re not packing the Court. We’re unpacking it.”

“The Supreme Court is fundamentally broken. And ultimately, I think we can anticipate decisions that emanate from this Supreme Court that are absolutely going to create a public cry for a change in the numbers of the Supreme Court so that they cannot continue their undermining, their destruction of historic, progressive laws that have been put on the books.”

A critical point to be considered here. If the only way to get “historic, progressive laws” to pass Constitutional scrutiny is to pack the Court with far-left liberal Justices who will rule in favor of them, then it’s a safe bet the laws were NEVER Constitutional in the first place. 

When asked if the Judicial Act of 2021 would be brought to the floor, the Speaker of the House of Representatives commented: “No. I support the President’s commission to study such a proposal… It’s not out of the question.”

The Speaker’s “It’s not out of the question” response is clearly meant to intimidate the current Court into compliance with the far-left agenda. Unfavorable rulings from cases under consideration are sure to bring swift retribution from the Democrat controlled Congress in the form of action on the Judicial Act of 2021. 

Then there’s the rub. 

Despite the loud voices from the far-left members of Congress and their aligned media outlets, actual support in Congress and the public for packing the Court is small. Packing the court would also require the Senate eliminate the filibuster, something that has also shown very little support in Congress and the public. These efforts are recognized as the political power grabs they really are and would certainly cost the members of Congress who vote for them the one thing they hold more dear than anything else, their reelection.

But these are desperate times for the far left and if they can’t push packing the Supreme Court through, then the elimination of Justices they believe are vulnerable will likely commence. While their time is limited, there is a lot of damage they can do before the mid-term elections in 2022.  

Bob

#BillOfRights, #Constitution, #SecondtAmendment, #BillOfRights, #SCOTUS, #GunControlFails, #medium, #mewe, #parler, #gab, #oddstuffing.com

Executive Actions, Gun Control Extremists and the ATF

Last Thursday, the Harris-Biden [sic] administration announced six gun control Executive Actions. The first five were simple requests that quite honestly could have been handled by a phone call or email. But then that wouldn’t have been as flashy as a televised Rose Garden event with the gun control crowd. The final one however, is of the most concern. The nomination of a gun control extremist / spokesperson and oath breaker to lead the federal agency responsible for the regulation of the firearm industry foreshadows what we can expect from this administration on gun control. 

The photo is of ATF Director Nominee David Chipman proudly posing for a picture in front of the still smoldering ashes of the Branch Davidian compound and the bodies of 76 American citizens, including 20 children burned alive in Waco, TX, the end result of the botched ATF raid on the compound. 

The announcement ceremony of the Executive Actions was exactly what you would expect from this administration. It included the now all-to-common unintelligible Presidential speaking gaffs as well as outright lies about the Constitution, the Second Amendment, American history, firearms laws and the impact of gun control. Yes, I said lies. Not misspeaks or things that could be interpreted in multiple ways, lies. These were statements that are factually wrong. 

All of the Executive Actions announced on Thursday are of concern for the Second Amendment community and are already attracting broad opposition across the country. However, it is the last one, the nomination of Chipman for Director of the ATF that is the most troublesome. 

Chipman is a 25-year veteran of the ATF, notably being the case agent for the Branch Davidian raid. Upon retiring from the ATF, he went on to be a senior policy advisor for Mayors Against Illegal Guns and provided training and support for gun control groups such as The Joyce Foundation, Americans for Responsible Solutions, The Brady Campaign to Prevent Gun Violence, Coalition to Stop Gun Violence and the Center for American Progress. He later became the senior policy advisor for the Giffords gun control group.  

Chipman, who describes himself as “proud and responsible gun owner” says “I am also permitted to carry a concealed handgun.” Please note his use of the word “permitted” here vs. ‘I have a right to carry a firearm.’ Allowing only a select, chosen few to carry a firearm outside their homes is a common goal of gun control extremists like Chipman. It is also important to realize that as a retired law enforcement officer, Chipman has a 50-state concealed carry permit granted to him through the Law Enforcement Officers Safety Act (LEOSA). Yet national concealed carry permit reciprocity is denied the average American citizen. 

Then there are the lies. Chipman lied when he said “At Waco, cult members used 2 .50 caliber Barretts to shoot down two Texas Air National Guard helicopters. Point, it is true we are fortunate they are not used in crime more often.” The record is clear on this. No helicopters were shot down. 

Chipman lied when he testified before Congress and claimed that the American gun market was “flooded” with “foreign made ARs.” Nearly all AR pattern rifles are American made, something a seasoned ATF veteran would know.

Chipman falsely testified that the reason why NFA (National Firearm Act) weapons are seldom used in crimes is because there is a background check with photos and fingerprints taken, along with a $200 tax. The real reason NFA firearms and accessories are not used in crimes is they range from rather to extraordinarily expensive and are owned by law-abiding citizens. Criminals, who possess and use the EXACT SAME type of firearms and accessories in crimes DO NOT register them with the NFA. 

While referring to so-called “assault weapons”, Chipman testified “I believe we should ban the future production and sale to civilians and afford current owners of these firearms the ability to license these particular guns with ATF under the National Firearms Act.” He is quoted as saying “What I support is treating them just like machine guns.” 

Now consider the current push for universal background checks which is touted as being the ONLY way to keep guns out of the hand of criminals. Keep in mind all commercially made firearms must be initially purchased through a federally licensed firearms dealer WITH a background check. But if that background check is insufficient to prevent them from being used in crimes like NFA firearms, then how long will it be before ALL firearm ownership and purchases will be subjected to NFA requirements including the registration, transfer and transport restrictions and tax? 

Chipman has falsely described firearm suppressors as “The gun does not sound gun-like. It takes the edge out of the tone . . . This is how I would describe it: It makes a gun sort of sound like a nail gun.”  In reality, the 30-35 dBA difference between a nail gun and a suppressed pistol will be perceived as at least eight times louder to the human ear. 

David Chipman is a prime example of the type of “proud and responsible gun owner” gun control organizations love. He is willing to turn his back on his oath and use his reputation to restrict and eliminate the very same type of firearms he owns, uses and surrounds himself with for his protection, all in the finest tradition of the gun control elite. 

Finally, handing over the reins of a government agency to a paid gun control extremist who has not only endorsed but participated in the heavy-handed enforcement efforts the ATF has regrettably become infamous for should be a signal for all law-abiding firearm owners of what we can expect from the Harris-Biden administration beyond these “initial” gun control measures. 

Bob

#oddstuffing, #Constitution, #BillOfRights, #SecondAmendment, #NFA, #AssaultWeapons, #ATF, #GunControlFails, #mewe, #medium, #parler, #oddstuffing.com

Revisiting The Defund Police Movement

We’re about a year into the Defund Police Movement, so I thought it would be a good time to take a look at the progress being made in areas that pledged to eliminate their police departments. One would expect by now the new “community-led public safety” programs set to replace the police would have a well-established track record of success. 

In reality, it’s been an unmitigated disaster. Just about every category of crime, especially violent crime and murder, has been skyrocketing in these Defund Police cities. But guess what, victimized business owners and residents are finally being heard and things are slowly starting to change… 

Let’s not forget how this started, blaming every police officer and the entire system for the actions of a few. The kneejerk reaction was to declare the entire system of law enforcement systemically racist, tie it to the old South slave patrols and “white supremacy”, and dismantle it all. 

Millions of dollars were cut from police budgets around the country, axing specialized units dedicated to street crime, gangs, sexual assault, patrol, overtime and training. Woke politician-with-badges chiefs sold out their officers by stripping them of the tools and techniques they needed to be effective and stay safe on the job. 

The new system to replace it was to be based on the wonderfully woke principles of trauma-informed, gender-affirming, anti-racist praxis. A “community-led public safety” program where “an unarmed urgent responder trained in behavioral and mental health comes within 5 minutes” or in response to incidents of rising gun violence, “a trauma informed crisis intervention team works with community activists to disarm and deescalate conflicts”.

Ultra-woke cities hired “experts” to help them with police reform. Seattle hired a felon, ex-pimp (convicted of running a prostitution ring which included underage girls) as a $150,000 per year “Street Czar” to provide the city with “expertise and support services in de-escalation, community engagement, and alternatives to policing.” Ithaca and Tompkins County hired a released cop-killer for their “Reimagining Public Safety Collaborative’’ as part of New York’s mandatory police reform program. 

The results were about what you would expect. Skyrocketing violence and crime. Crime that used to be committed at night or away from public eyes is now rampant in the streets in broad daylight. Criminals, gang bangers, terrorists and thugs who have no fear of the law or law enforcement have taken over the streets. Autonomous zones where police are not allowed have sprung up in some Defund cities. Theft, extortion, looting, arson, assaults, rapes and murder have all occurred within their heavily armed hard borders to the outside world. 

Prosecutors have played their part as well. Aside from refusing to file charges, dropping charges or decriminalizing crimes they believe are part of the corrupt system, they have facilitated the wholescale release of criminals from jails and prisons to protect them from COVID. Sadly, no protection was offered the law-abiding citizens from those summarily released. 

Now look around and see what is happening. 

Atlanta is hiring 250 police officers after homicides increase 58%. One suburb of Atlanta had already contracted with a security company, staffed by off-duty Atlanta police, Fulton County Deputies and Georgia State Police, for protection. They are also looking to separate from Atlanta so they can form their own police department. 

Minneapolis recently approved $6.4 million in additional funding to the Minneapolis Police Department following a “dramatic uptick in violent crime”. 

Los Angeles is adding $36 million in funding to the Los Angeles Police Department, Long Beach Police Department and the Los Angeles Sheriff’s Departments following a surge in violent crime including a “more than eight-fold rise in shootings, from 59 in the first two weeks of 2021 compared with just 7 at the same time last year.” 

Portland is working to add $2 million in police funding to combat surging “gun violence” and homicides. “More people died of gunfire last year in Portland — 40 — than the entire tally of homicides the previous year. The number of shootings — 900 — was nearly 2 1/2 times higher than the year before.”

The progressive district attorneys of San Francisco and Los Angeles are both facing recall efforts for their failure to uphold the law and hold criminals accountable. 

Yet the ultra-left politicians still believe they need to do more to restrict and reform police. Colorado and New York City have eliminated police officer’s qualified immunity. The very same legal protection they themselves enjoy and protect them from lawsuits from residents who have lost their homes and businesses, been victims of violent crime or lost family members to the rampant violence directly caused by the politicians’ decisions to defund and eliminate police. 

2020 & 2021 to date has seen record firearms and ammunition sales in this country. The purchasers have been across all races, genders, incomes, origins and political parties, with at least 40% being made by first time buyers. Are people buying firearms in record numbers because they are concerned with a supposedly “systemically racist” justice system? NO! They’re buying firearms for the safety of themselves and their families because they know the government is no longer able to answer their calls for help. 

It’s time to stop living in this fantasy dreamland and recognize that evil will always exist and if you don’t have the police, that progressive model of a community love is going to be a war zone. It is WAY past time to stop experimenting with people’s lives and re-fund the police.

P.S. If you’re wondering where violent crime hasn’t been skyrocketing, take a look at the cities who have not gone the woke/defund route. Go figure. 

Bob

#oddstuffing, #SecondAmendment, #Re-FundThePolice, #DefendThePolice, #BackTheBlue, #NoMoreMobRule, #Responsibility, #police, #justice, #mewe, #gab, #medium, #parler, #oddstuffing.com

SCOTUS vs. The Second Amendment, Part 2 (And Then There Were Two)

With a number of high profile Second Amendment cases either headed towards the United States Supreme Court, or already being heard, this is a critical time for the future of our constitutionally protected rights. At the same time, we have a Court under extreme pressure to make the ‘correct’ rulings as defined by the extremist left. These politicians have made it abundantly clear that if the Court does not see things their way, it will be restructured and packed with justices who will. 

Given the reprehensible conduct by some of our elected officials, this is the most dangerous time in history for significant Second Amendment protected rights cases to be brought before the Supreme Court. 

The independence of the Supreme Court, one of the three branches of our government, is one of the cornerstones of our nation. Each branch has its own powers and responsibilities to ensure the government is effective and citizen’s rights are protected. The Judiciary, specifically the Supreme Court, has a role which includes the final check and balance of the constitutionality in our country. 

Most of us understand this fundamental design of our government and believe in a strong and independent judiciary. Others see it as a hinderance to their plans for more government power and control, power and control stripped away from the people. 

For a government official, if your legislation is a little iffy on the constitutionality side, how do you get it to survive a court challenge? Easy, you influence the courts. While simply campaigning on an issue and creating popular support for your questionably constitutional law might help, an independent judge is going to ignore public pressure and decide the case based on the Constitution and the law, as would be expected in a Republic. Therefore, the influence you need to get favorable court rulings is to seat judges who agree with your politics and will interpret the law from your political point of view.  

Of course, the whole idea of liberal and conservative justices on the Supreme Court – or any court for that matter – is an abomination in the first place. There should be no political skew in either direction. There should be no other consideration at play other than the Constitution and the law. By the time any case reaches the highest court in the land, politics and the justices’ personal views should be long gone and only the law should enter into their decisions. Sadly, this is no longer the case and ‘legal’ decisions that should be unanimous are now split along political lines.

Look at how contentious the last few Supreme Court appointments were. Remember how desperately certain Senators fought to keep originalist jurists off the bench. Remember how outraged the left was at the possibility of replacing a left leaning justice with a right leaning one. A Supreme Court with a single vote, 5-4 conservative advantage could derail an entire political agenda due to constitutional challenges. It was a “threat to democracy” itself.  A new strategy had to be put in place. 

Remember the Senate Democrats “Heal Thyself” letter threatening to pack the Supreme Court if it didn’t moot the New York State Rifle & Pistol Association Inc. v. City of New York. This letter is widely credited with not only Chief Justice Roberts decision to moot the case but to more firmly side with the left wing of the Court. The Court was saved from being packed, at least temporarily. 

Restructuring the Court and packing it with liberal appointed justices to “reduce the influence of politics” is a bold and aggressive plan. It would permanently cement the Court to a left-leaning rubber stamp for generations to come, or at least until the next Congress repacked it. This scheme would face massive opposition from both parties and the public who recognize it for what it really is, a partisan power play. But removing an unpopular Associate Justice, one who has been vilified in the press, to be replaced by a liberal appointed one, that might fly. 

You now understand the never-ending defamation campaign against Justice Kavanaugh. Kavanaugh, who faced one of the most disgraceful confirmation hearings in the history of the Senate, has continued to be harassed and threatened while on the bench. Far left Democrats, including the current Vice President, have called for congressional hearings and his impeachment. Social media is awash with slanders calling him the “rapist on the Supreme Court”. (See: A Shot Across The Bow of the USS SCOTUS  https://oddstuffing.com/archives/792)

Yet that alone wouldn’t be enough. They needed to apply pressure to another conservative Justice. This latest round of intimidation comes following Justice Thomas’s dissent on the Supreme Court’s denial of the GOP challenge to the Pennsylvania state court’s decision to extend mail-in ballot deadline for November’s presidential election. 

Critics claimed Justice Thomas’s dissent was a tacit endorsement of the takeover of the U.S. Capitol on January 6th and convinced Amazon to remove a documentary film about Thomas, “Created Equal: Clarence Thomas in His Own Words” from their streaming service – during Black History Month.  

To make their point even more clear, left-wing congressional politicians and agitators called for an investigation of Justice Thomas’ wife for her support of the January 6th D.C. rally and questioned why Justice Thomas was allowed to be on the Court at all. 

The message from Congressional Democrats is crystal clear. Incorrect rulings will be severely punished, either by removing the involved justice(s) from the Court or by a complete restructuring and packing of the Court by liberal appointed jurists. Correct rulings on the other hand, will result in the Court being allowed to continue with its current structure, albeit under the thumb of Congress. 

A Supreme Court operating under outright threats and intimidation of the Executive and Legislative branches is far from independent. If the independent Judicial branch allows its decisions to be muted by political influence, it will be no different than a restructured and packed Court. We will, in effect, have two branches of government, the Executive and Legislative, with the Judicial acting only as a servant to the Legislative du jour. 

The cases mentioned in Part 1 have the potential to affirm or deny the constitutionally protected rights of millions of Americans. Simply rejecting these cases in favor of addressing an issue later at a less politically dangerous time risks the very lives of those who would be on one side of a political border vs. the other. Ignoring the Bill of Rights is not an option. 

The American public is waiting, but will the Supreme Court step up? 

Bob

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2021 Federal Gun Control Part 1: H.R. 8 (Bipartisan Background Checks Act of 2021)

True to their word, the Harris-Biden [sic] administration and the Democrat controlled House of Representatives and Senate have begun ramming through their draconian gun control agenda. H.R. 8 is just the first of three announced so far. It was passed out of the House with no hearings and only cursory debate allowed. It hit the House floor at 12:24 pm and was passed at 3:45 pm.

H.R. 8 is titled the Bipartisan Background Checks Act of 2021, but would more accurately be called the Universal Background Check and National Firearm & Firearm Owner Registry Act. The “bipartisan” part of the name implies that this is something that both sides of the isle strongly support. In fact, the name has nothing to do with the support. Only eight RINO (Republican In Name Only) members of the House voted for it, each with a history of voting for gun control legislation. 

But that’s not all that is wrong with this bill. 

The promoters of the bill falsely claim that this will eliminate the so-called “gun show” and “internet sales” loopholes. But then the truth has never been part of the gun control movement. Firearm dealers’ sales at gun shows have always had to follow the same paperwork and background check requirements they do in their retail establishment. The other claim is that internet firearm sales without background checks are rampant, something their own research and purchase attempts proved was false a few years ago when nobody would sell them a firearm without going through a dealer. 

What is in play is the person-to-person transaction of selling a firearm. Many people do sell firearms to others in states where it is legal, and the vast, Vast, VAST majority of these sales are done conscientiously for the simple reason the sellers don’t want to have firearms end up in the wrong hands. 

The gun control extremists sell this as keeping guns out of criminals’ hands. By forcing the transaction to be done through an FFL (Federal Firearm Licensee) who is required to run a background check on the buyer, it will keep guns out of criminals’ hands. There are just a few things wrong with this story. 

The most obvious is that criminals don’t get their guns through firearm retails. The same applies to firearms transferred through firearm retailers. Criminals mainly obtain their guns through underground sources (stolen), theft or straw purchases by friends and family members. As such, the criminal acquisition of guns is unaffected by universal background checks. 

The other category of illegal firearm usage gun control extremists like to bring up is mass shootings. But even a cursory look at some of the most horrific mass casualty events shows the firearms used were purchased legally, through licensed firearms retailers, with successful background checks. Using these tragic events as an excuse for universal background checks knowing they would never have stopped them is not only insulting, it is sickening. 

The author of the bill also put out the unsubstantiated claim that: “This bill has bipartisan support from 90 percent of the American peopled [sic] and it’s long past time to get it enacted into law.” Given the extremely vocal and widespread opposition from the firearm and Second Amendment communities, this claim is nothing more than a lie to try to convince people they should be supporting what the majority of the country supports. 

Even with all the fatal flaws of logic and fact built into H.R. 8, the worst is the section that claims it does not create a national firearms registry. 

“(c) Rules Of Interpretation.—Nothing in this Act, or any amendment made by this Act, shall be construed to—
(1) authorize the establishment, directly or indirectly, of a national firearms registry; or”

This fails in two ways. The first is the background check itself. Even in states where the firearm information is not transmitted to the state or federal government, the purchaser’s information is. This in of itself creates a record of all persons who purchase a firearm. Hence, a registry of firearm owners. 

Yes, I know. The federal government has laws in place that say they cannot retain that information after a certain time frame. I’m not sure anyone actually believes this is true. 

The second is the firearm information. Full firearm registration has always been a goal of the gun control extremists, but just coming out and implementing it all at once like what is outlined in H.R. 127 would receive too much pushback. Universal background checks are the answer to this problem. 

By forcing all person-to-person sales through a firearm retailer, a record is created in the FFL’s books and on a federal form 4473, the Firearms Transaction Record. In some states like California, the information is also loaded into a state database by the FFL. In most other states, the record remains with the FFL. But does it? 

For years FFL’s have been complaining about the ATF (Alcohol, Tobacco, Firearms and Explosives) scanning, copying or photographing all their acquisition and disposition bound books AND 4473s. This scooping up of information hasn’t been in response to a procedural investigation of the FFL or a criminal investigation of the purchasers as directed by law, it’s been to collect information. The latest redesign of the 4473 putting the firearm and purchaser information on the same page has been attributed to making this data collection more efficient. 

Where does this information go? That’s the million-dollar question. But it’s a fair bet that if the information is being collected, it’s being compiled and stored. 

And what’s so wrong with a national firearms registry? Aside from it is currently illegal under federal law – although I expect we’ll see that change over the next two years – the ONLY purpose of a firearms registry is to enable a confiscation of these firearms later on. If the historical accounts of tyrannical foreign governments requiring registration of firearms then confiscating them later doesn’t do it for you, simply look at examples in our own country. 

In the 1960’s New York City began registering long guns. Naturally, they assured the list would never be used to take firearms away from law-abiding citizens. Yet beginning in 1991 when the city banned many of those long guns, they began confiscating them. The registration / confiscation cycle continues today as many registered firearms “capable” of accepting a so-called “high-capacity” magazine have been made illegal and are therefore, being confiscated. 

There are of course many more examples, but the results are the same. Registration always leads to confiscation. What you lawfully own today can be made illegal tomorrow by no action on your part. The whims of an ultra-left majority can be made into law and you become a criminal overnight when the firearm you own is declared too dangerous for civilian ownership. 

Or perhaps you are the problem. You are a member of a non-favored political party that is accused of being white supremacists and domestic terrorists. Simply by your association, you are put on the Domestic Terror Watch List, something that has already been proposed. 

In either situation, you’ve never done or even dreamed of doing anything illegal in your life but now that you and your firearm information are registered, your Second Amendment protected rights will be stripped away.

Universal background checks are a solution in search of a problem. They do not prevent crime, nor do they make anyone safer. They do however provide the mechanism for a full national firearm and firearm owner database, the purpose of which made abundantly clear when more and more firearms are made illegal and law-abiding firearm owners are turned into criminals. 

Bob

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