Federal Appeals Court Upholds Colorado Under-21 Gun Sales Ban

The Centennial State can once again deny 18-to-20-year-olds the ability to purchase any firearms.

A three-judge panel for the Tenth Circuit Court of Appeals on Tuesday overturned a lower court injunction against Colorado’s recently passed gun sales ban for adults under 21. The panel determined that the lower court “abused its discretion” by finding the ban likely unconstitutional. Instead, it ruled that commercial firearm purchases are not covered under the Second Amendment.

“Pineda has partially met his burden at step one by demonstrating that (1) 18- to 20-year-olds fall within ‘the people,’ and (2) the arms he wishes to purchase constitute protected “arms,” Judge Richard Federico wrote for the majority in RMGO v. Polis. “However, Pineda fails to prove that SB 23-169 implicates his right to ‘keep and bear’ arms, the third prong of step one. This is because SB 23-169 is presumptively lawful as a law that imposes conditions or qualifications upon the sale and purchase of arms and thus does not fall within the protections of the plain text of the Second Amendment.”

The ruling deals a significant blow to Colorado gun-rights advocates looking to stave off the state’s increasingly restrictive approach to firearms. The opinion opens the door for the state’s young adult sales ban to take effect for the first time, and its capacious view of permissible commercial sales restrictions could invite many additional regulations.

The case stems from Senate Bill 169, which Colorado Governor Jared Polis signed into law in May 2023. The bill raised the state’s minimum age to purchase any firearm to 21. State policy previously allowed 18-year-olds to purchase rifles and shotguns but not handguns.

Rocky Mountain Gun Owners (RMGO) immediately sued Polis over the law and secured a preliminary injunction against its enforcement last August, the same day it was supposed to take effect.

“The Court finds that the Governor has failed to meet his burden to demonstrate that SB23-169 is consistent with the Nation’s historical tradition of firearms regulation,” Judge Philip Brimmer wrote at the time.

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Now, consider this. The national demoncraps did it to themselves even earlier.
The election numbers anomaly was called out 4 years ago, but there were just too many people, politicians and otherwise, who didn’t want to open that door.

Well, if they had let Trump win, as he likely should have, the election yesterday would have been for who would succeed him, as he would be term limited out.
I think DeSantis would have run and likely won, as Newsom would have been the likely opposition. We sure wouldn’t have seen Harris running.

But, here we are; Trump is ‘back on the menu’ and as SloJoe only got to replace one flaming airhead liberal on the Supreme Court with another, we may see a new batch of younger, and hopefully better on the RKBA than Barrett and Kavanaugh, replacement Justices.

And what will 2028 look like? We’ll likely see Vance run, as well as DeSantis. The only question is which demoncrap will survive that party’s primaries? I think Harris will try again, but Newsom, Whitmer and a bunch more see her like a shark smells blood in the water.

Trump won in Pennsylvania, which made it impossible for Harris to win the election. Why did he win? The Amish vote that the Republicans went out for.
Overzealous state bureaucraps, mostly demoncraps, went and did it to themselves.

Amish turn out for Pennsylvania vote in ‘unprecedented numbers’

Republicans could see a boost in Pennsylvania from a demographic rarely seen at the polls: the Amish.

The state’s famed “Pennsylvania Dutch” registered to vote in “unprecedented numbers” in response to a January federal raid on a local raw milk farm in Bird in Hand, Pa., a source familiar with the situation told The Post.

The Pennsylvania Department of Agriculture stormed Amos Miller’s farm Jan. 4 after reports of illnesses in children linked to raw dairy products purchased there, according to the local media outlet Lancaster Farming.

The Amish community saw the move as an overzealous reach by the government and was planning to vote for GOP presidential candidate Donald Trump, whose party favors less government intervention.

“That was the impetus for them to say, ‘We need to participate,’ ” the source said of local Amish voters. “This is about neighbors helping neighbors.”

The Amish community rallied around Miller, who cited his religious beliefs as a reason for not adhering to Food and Drug Administration guidelines.

“If you think about Amish people and their connection to nature, I mean, some of these people work in the fields barefoot to be closer to the earth,” the source told The Post.

Actual numbers of Amish voters were unclear as of Tuesday night, though horse-and-buggy rigs were seen at polling locations in photographs from the region.

I have only been to Minnesota twice. The first on a summer family vacation decades ago, and second, on a layover when flying to Alaska. Other than necessity required by the latter, I have no plans to ever visit that tyrant run state again

Is Your Private Vehicle a ‘Public Space’ When There’s a Gun Involved?

It’s an odd question stemming from an equally strange case, but that’s the question the Minnesota Supreme Court will soon answer after hearing oral arguments on Monday.

Back in 2022, a guy named Kyaw Be Bee was arrested for the misdemeanor charge of carrying a BB gun, rifle, or shotgun in a public place after police discovered a BB gun underneath the driver’s seat of Bee’s car. The deputy had become suspicious of Bee and another man when he spotted them standing near a vehicle in a parking lot around 2 a.m. Bee and his companion strolled back to their own vehicle when they became aware of the deputy, and once they drove away the deputy pulled them over, which is when he discovered the BB gun.

Bee’s attorney argued in a pre-trial hearing that a private vehicle should not be considered a public place and a judge agreed; dismissing the misdemeanor charge after reasoning that a private vehicle is not a public place, even when it’s on a public road.

Prosecutors appealed that decision and the Minnesota Court of Appeals found in their favor, ruling that private cars on public roads should be considered public spaces. Bee’s attorneys then appealed to the state Supreme Court, which heard from both sides yesterday.

“To focus the law on the method of transportation upon a public roadway, instead of the geographic area of the roadway itself, ignores the clear statutory text, renders portions of the statute ineffective, leads to absurd results and is therefore not reasonable,” Saint Paul city attorney Lyndsey Olson, who argued for the state, told justices Monday.

However Drake Metzger, an attorney for Bee, said the statute is “unambiguous” about what makes a space public.

The law defines public space as “property owned, leased, or controlled by a governmental unit and private property that is regularly and frequently open to or made available for use by the public.”

Lawmakers included exceptions for hunters; target shooters; people’s homes or business; and gun shows and shops.

What the law doesn’t address is whether or not a private vehicle is considered a public place; it simply says that if a gun is being transported in compliance with the law, the statute does not apply.

“At the end of the day, the inside of a motor vehicle is not a public space under this definition,” Metzger said Monday.

Metzger also argued that his client could have been charged with carrying without a license based on how the BB gun was stored in the vehicle, but accusing Bee of having a gun in a public place when it was in his car just doesn’t make sense given the language of the statute.

Olson, arguing for the state, saw it differently.

“I don’t think that this is saying that being in a motor vehicle inherently means that you’re in a public place,” Olson said. “It depends on the geographical place that the vehicle is on.”

Bee could have been charged with another crime as well, Olson said, public safety is at the root of gun laws.

“The consequences of a particular interpretation excluding vehicles on public roadways from public space could risk public safety by allowing the gun possession within vehicles without restriction,” she said.

The problem with Olson’s argument, at least from my perspective, is that it requires “interpreting” the statute instead of simply reading and adhering to the text. As Metzer says, the law in question defines what constitutes a public space, and while it does include some private property, that property must be “regularly and frequently open or made available for use by the public”. Your car, my truck, and (presumably) Bee’s vehicle aren’t open for use by the public, even when they’re on a public road, so how could they reasonably be considered public spaces?

Even if the Minnesota Supreme Court finds in favor of Bee (which, given the makeup of the court, is probably unlikely), as his own attorney pointed out, the state could still have charged Bee with improper storage of the BB gun. Whether that statute is constitutional under the text, history, and tradition of the Second Amendment is another question for another day, but when it comes to the question of whether a private vehicle is a public space, I think the answer is and should obviously be “no.”

Polls Are Now Open. The Fate of the 2nd Amendment Rests in Your Vote Today

If you are reading this, and you have not yet voted, stop what you are doing and go vote. And if it isn’t clear to you yet, Harris is not the one to vote for.

Remember, remember, the 5th of November, gunpowder, treason and plot
I see no reason why the gunpowder treason should ever be forgot

The Fifth Of November

“Remember, remember the Fifth of November” or “Please to Remember” are variations of a rhyme that commemorates the day in 1605 when a group of Roman Catholics, including Guy Fawkes, were caught in the act of trying to blow up the Houses of Parliament.

When news of the plot got out, Londoners were so relieved that the conspirators had been caught that they lit bonfires throughout the city as a celebration. Over the centuries those celebrations have become more elaborate and now fabulous firework displays are a feature throughout England on the night of November 5th. A week or so prior to that, children make effigies of Guy Fawkes which they take door to door asking for ‘A penny for the Guy’.’ On Bonfire Night these Guys are traditionally burnt on top of a bonfire.

Georgia Supreme Court Stops Democrats’ Attempts to Cheat in One County.

One metro Atlanta county enacted an extension that allowed for the counting of absentee ballots after Election Day, but the Georgia Supreme Court issued a ruling on Monday that put a stop to it.

WSB Radio reports:

The Georgia Supreme Court ruled late Monday that the extension granted by Cobb County that could impact thousands of mail-in voters has been reversed.

The ruling from the court reversed a lower judge’s ruling that had granted 3,000 voters an extension of the mail-in-ballot deadline after Cobb County election officials admitted they missed the deadline to ship them out.

The deadline for mail-in ballots to be received in Georgia is election day — but the lower judge had given those voters an extension for them to be postmarked by election day and received by Nov. 8, the same deadline for overseas ballots.

Cobb County, Ga., is just northwest of Atlanta, and it’s a typical suburban county in that it has trended toward the Democrats in recent elections. The Democrat Party had filed a suit to allow the county to grant an extension to the mail-in deadline for 3,000 absentee ballots, which a superior court judge upheld.

The mail-in ballot deadline was Oct. 31, but the county initially extended the deadline because it had received a “surge in absentee ballot requests,” as the Cobb County Courier described the situation:

“We want to maintain voter trust by being transparent about the situation,” said Board of Elections Chairwoman Tori Silas in the news release. “We are taking every possible step to get these ballots to the voters who requested them. Unfortunately, we were unprepared for the surge in requests and lacked the necessary equipment to process the ballots quickly.”

“After our vendor’s final run on Friday, we needed to utilize our in-house equipment for the final shipment of ballots, but the equipment was not working properly,” said Silas. “By the time we got the equipment online, the deadline for mailing the ballots had passed, prompting us to work with the US Postal Service and UPS to take extraordinary measures. Our team has been working around the clock to get the ballots out.”

Judge Robert Flournoy had ruled that “this Court declares that Defendants’ delay in mailing absentee ballots to the Affected Voters violated Georgia law and likely Plaintiffs’ and similarly situated voters’ state constitutional rights.” Claiming “broad discretion,” Flournoy ordered an extension to the deadline for these voters.

“The Georgia Supreme Court ordered the Cobb board to ‘keep separate’ the absentee ballots of those voters that are received after the deadline on election day but before November 8 in a secure, safe, and sealed container separate from other voted ballots,” WSB reported.

“The court also ordered the board to notify the voters by email, text, or public announcement of the change,” the report continues. “At this point, all votes will need to be in by 7 p.m. on Election Day.”

Republican National Committee Co-Chair Michael Whatley quickly celebrated the high court’s decision:

However, the ACLU was apoplectic:

Back in May, during Georgia’s primaries, I wrote about how the Supreme Court contest between Justice Andrew Pinson, a Kemp-appointed, fair-minded young jurist, and John Barrow, a far-left crusader, was a down-ballot race that was too important to ignore. Georgia voters made the right choice, and this decision reflected the wisdom of reelecting Pinson.

Never forget that all elections are important.

Texas homeowner shoots person during possible attempted break-in, police say
Fort Worth police said officers responded to a shooting call at approximately 12:05 a.m. on Berke Road.

FORT WORTH, Texas — One person was shot twice by a Fort Worth homeowner during a possible attempted break-in, police said.

The Fort Worth Police Department said officers responded at approximately 12:05 a.m. Wednesday to the 4300 block of Berke Road for a shooting call. When officers got to the home, they located a person who had been shot twice. Fort Worth police said Wednesday they believe from their investigation that the person was shot by the homeowner during a possible attempted break-in.

“He just protected our family. Yeah, he did what he had to do,” said Christina, whose husband shot the man. “It was self-defense, what I’m afraid of is for the guy getting out maybe through bond or something and coming back.”

That lingering fear is why she asked us not to use her last name as she told us what happened.

“In this neighborhood, we see a lot of stuff going on but we never thought we were gonna go through something like this,” she said. “Something so scary.”

She says it all started just before midnight, she, her husband and three young kids had already gone to bed.

“We were already asleep. I started hearing our dogs barking,” she said. “So I woke up my husband, I’m like, hey, something is going on.”

They looked out the window and saw a man on their property acting erratically.

“He already had tore down some part of the wooden fence,” Christina said. “He was just going back and forth in the backyard to our driveway.”

She called 9-1-1 and her husband grabbed his gun.

“He came to our driveway and with a plank, a wooden plank from our fence, he broke our daughter’s bedroom window,” Christina said.

Her husband screamed at him to go away.

“Instead of him leaving, he came and tried to open the door, our kitchen door. So that’s when my husband had to fire his gun,” she said.

Fort Worth police were there minutes later.

“The suspect was taken to the hospital he was shot a couple of times,” said Fort Worth Police public information officer Tracy Carter. “This guy is lucky to be alive. The homeowner did what any of us would have done, we’d wanna protect our family.”

According to Fort Worth city jail records, Jeremy Black, 35, was booked Wednesday morning on suspicion of burglary of a habitation in connection to the incident.

Police say Christina’s husband isn’t facing any legal action, but the family is still shaken up.

“It was really scary, especially for my children,” Christina said.

“Officers are continuing to investigate the circumstances surrounding the incident, and Gun Violence Detectives have been notified,” Fort Worth PD told WFAA by email.