Category: Crap For Brains

Well, that would be ‘tried to confiscate’ and it wouldn’t be pretty as I’m sure LOTS of people would go ‘Solzhenitsyn Style’. But then Justice Sotomayor never has been a ‘wise Latina’

Does Justice Sotomayor Really Want To Know What The Remedy Would Be If The Government Confiscated Everyone’s Guns?

Justice Sotomayor is pretty predictable. She walks into oral argument with a set of questions she wants to ask, and she will keep asking them, whether or not she gets the answer she wants. I imagine advocates get frustrated, but that is part of the game.

During the birthright citizenship cases, Justice Sotomayor asked the same line of questions several times–apparently she thought it was clever. To illustrate the limits of the government’s position concerning nationwide injunction, she would change the hypo: what would happen if the government sought to confiscate every gun in America; would every gunowner have to bring an individual law suit to seek relief?

Page 13: JUSTICE SOTOMAYOR: –so, when a new president orders that because there’s so much gun violence going on in the country and he comes in and he says, I have the right to take away the guns from everyone, then people –and he sends out the military to seize everyone’s guns –we and the courts have to sit back and wait until every named plaintiff gets –or every plaintiff whose gun is taken comes into court?

Page 41: JUSTICE SOTOMAYOR: If we’re afraid that this is or even have a thought that this is unlawful executive action, that it is Congress who decides citizenship, not the executive, if we believe, some of us were to believe that, why should we permit those countless others to be subject to what we think is an unlawful executive action, as unlawful as an executive taking the guns away from every citizen?

Page 44: JUSTICE SOTOMAYOR: –it got rejected repeatedly. We can go into the history of citizenship, but I still go back to my question. You claim that there is absolutely no constitutional way to stop, put this aside, to stop a president from an unconstitutional act, a clearly, indisputably unconstitutional act, taking every gun from every citizen, we couldn’t stop that.

Does Justice Sotomayor really want to know what the remedy would be if the government confiscated everyone’s gun? This remedy would not involve Rule 23. [fyi. ‘Rule 23’ is a rule in federal courts about class action suits, MF]

Nearly 250 years ago, King George III and General Gage tried to confiscate the firearms from the Americans. What happened next? Lexington and Concord, the Shot Heard Round the World. As best as I can recall, the patriots did not go to a Court of Chancery to seek an equitable remedy.

We have a similar story in Texas history. During the Texas Revolution, the Mexican Army demanded that the Texians in the City of Gonzales surrender their cannon. What did the Texians say? Come and Take It! The remedy here was not equitable; it was belligerent. The Texians did not reply with a canon of construction; they replied with a cannon of destruction. This was the Lexington of Texas. And the Battle of Gonzales led to the Battle of the Alamo, which led to Texas Independence. Sensing a pattern of what happens when the government tries to disarm the people?

I took this photo during my visit to the museum in Gonzales.

I’m reminded of Judge Kozinski’s opinion in Silviera v. Lockyer:

The prospect of tyranny may not grab the headlines the way vivid stories of gun crime routinely do. But few saw the Third Reich coming until it was too late. The Second Amendment is a doomsday provision, one designed for those exceptionally rare circumstances where all other rights have failed — where the government refuses to stand for reelection and silences those who protest; where courts have lost the courage to oppose, or can find no one to enforce their decrees. However improbable these contingencies may seem today, facing them unprepared is a mistake a free people get to make only once.

Fortunately, the Framers were wise enough to entrench the right of the people to keep and bear arms within our constitutional structure. The purpose and importance of that right was still fresh in their minds, and they spelled it out clearly so it would not be forgotten.

There is an important lesson to be learned here. Courts cannot solve all problems. Courts should not solve all problems. Courts will not solve all problems.

Well, this is ‘final’ so I think it can be appealed directly to SCOTUS.

Washington Supreme Court upholds ban on large ammo magazines

The Washington Supreme Court has upheld the state’s ban on high-capacity magazines, the latest in a two-year-long saga that has largely played out in Southwest Washington.

Lawmakers in 2022 banned the sale of ammo magazines holding more than 10 bullets in an effort to thwart deadly mass shootings. However, a gun store in Kelso allegedly continued to sell the magazines and picked up a civil lawsuit from the Washington State Attorney General in July 2023. The store owner — with help from the Pasco-based advocacy group The Silent Majority — sued, saying the law violated the U.S. Constitution.

A Cowlitz County Superior Court Judge later sided with the gun store and deemed the new law violated the Second Amendment.

Washington Supreme Court justices ruled 7-2 on Thursday that the new state law doesn’t violate Americans’ right to bear arms because “large capacity magazines are not ‘arms.’”

“The ability to purchase [large capacity magazines] is not necessary to the core right to possess a firearm in self-defense,” Justice Charles Johnson wrote in the majority opinion.

The decision also found that the legislation does not violate the state’s constitution.

Wally Wentz, the owner of Gator’s Custom Guns in Kelso, declined to comment Thursday.

Wentz’s attorneys at the Silent Majority Foundation said they plan to appeal to the U.S Supreme Court. Attorney Pete Serrano said they will pore over the justices’ legal analysis first.

Continue reading “”

First Circuit Rules in Favor of Massachusetts Assault Weapons and Magazine Ban

A federal appeals court determined Massachusetts’ ban on certain semi-automatic firearms and magazines aligns with historical firearm regulation and doesn’t violate the Second Amendment.

The First Circuit Court of Appeals, in a unanimous decision by a three-judge panel, confirmed the denial of a preliminary injunction against Massachusetts’ law prohibiting the sale of so-called “assault weapons” such as the AR-15 and magazines that hold over ten rounds. The court found that its previous decision upholding a similar Rhode Island magazine ban also applied to Massachusetts’ restrictions on firearms.

This decision follows a pattern of appellate courts upholding state-level bans on certain firearms and magazines since the Supreme Court’s landmark New York State Rifle and Pistol Association v. Bruen ruling in 2022.

The Bruen decision changed the landscape for Second Amendment legal challenges by now requiring firearm regulations to abide by the nation’s “historical tradition of firearm regulation.” This new framework has opened new avenues for gun owners to challenge AWBs and magazine bans in solid blue states. That said, the courts have still placed obstacles for gun owners seeking to roll back unconstitutional gun control measures. 

Shortly after the Bruen ruling, U.S. District Judge Raymond Moore issued a temporary restraining order (TRO) against Superior, Colorado’s ordinance prohibiting AR-15s and magazines over 10 rounds. The court rejected the town’s argument that such weapons are “dangerous and unusual,” calling attention to their widespread lawful use and the lack of historical precedent for the implementation of such bans at the local level. Judge Moore alluded to Bruen’s emphasis on text and tradition, writing that the town’s public safety justification did not trump constitutional rights. While the TRO was limited to 14 days, the case marked the beginning of an early wave of judicial skepticism toward municipal AWBs through the use of the Bruen framework.

With respect to Oregon, Arnold v. Kotek, an Oregon state court permanently enjoined Measure 114, a 2024 ballot initiative that led to the ban of magazines holding over 10 rounds and the imposition of a permit-to-purchase system. Judge Robert Raschio ruled the law violated the Oregon Constitution’s right to bear arms, finding that high-capacity magazines have a valid use in the context of modern self-defense and that the state failed to demonstrate a historical tradition for such restrictions.

Though the Oregon Court of Appeals later reversed this decision, the case underscores how Bruen’s logic has continued to influence state-level challenges.

In Illinois’ case, in Barnett v. Raoul, U.S. District Judge Stephen McGlynn ruled last November that Illinois’ statewide ban on assault weapons and magazines holding over 10–15 rounds violated the Second Amendment. The court determined that AR-15-style rifles and similar firearms are commonly owned and used by citizens for legal purposes, including self-defense, and thus fall under Second Amendment protection.

Judge McGlynn stressed that the state failed to identify historical analogues for banning weapons widely used by law-abiding citizens, as dictated by Bruen. However, the decision was stayed for 30 days pending appeal, but the 7th Circuit later allowed the ban to remain in place temporarily while the appeals process goes on. 

Going back to Massachusetts, the state can continue enforcing its firearms and magazine restrictions. The plaintiffs may either appeal the decision or return to district court to argue the case on its merits. The legislation being challenged is the 2024 Act Modernizing Firearms Laws (Chapter 135/H.4885), which Gov. Maura Healey (D) signed last July.  The legislation replaced “assault weapon” with “assault-style firearm” and broadened definitions to include firearms with interchangeable parts or receivers compatible with prohibited models. Additionally, the bill mandated serialization and registration of all firearms, including privately manufactured “ghost guns,” within strict timelines, while also reinforcing the 10-round limit for detachable magazines and introducing new penalties for non-compliance.

With this decision in the books, Massachusetts maintains some of the nation’s toughest gun laws, pending any further appeals. While the post-Bruen era offers new opportunities for gun owners to resist gun grabs in blue states through litigation, these legal battles will be protracted and costly in nature. Restoring gun rights in the most hostile jurisdictions toward the right to self-defense will be no walk in the park.

U.S. First Circuit Court Of Appeals Rules Assault Weapon Ban Constitutional

The United States First Circuit Court of Appeals, on April 17, held that Massachusetts law banning the sale, transfer, or possession of an assault weapon is not unconstitutional under the Second Amendment, sending a clear message to Americans that the Boston-based kangaroo court is either illiterate, corrupt, or just unforgivably stupid.

I’ll be honest here, my ability to suffer foolishness kindly on this matter has permanently expired, so if you aren’t a fan of name-calling and my propensity for the abrasive truth, then this one may not be for you.

Massachusetts resident, Joseph Capen, brought the case, announcing his plan to purchase items restricted by the infringement for the lawful purpose of self-defense, but a three blind mice panel of subversive activist judges who wouldn’t know a natural right from ringworm performed just the right amount of mental gymnastics necessary to return with a ruling so heavily steeped in treason that I’m offended by their citizenship status alone, much less their seat on a bench.

Comrade Judge Gary Katzmann, whom I definitely wouldn’t let babysit my children, wrote for the three-traitor panel that the “court” needed to consider whether the law was “consistent with this Nation’s historical tradition of firearm regulation,” which would make it allowable under the Second Amendment.

To be fair, Katzmann and his cronies would have found it consistent with a bowl of cereal if doing so properly served his anti-American agenda, and that is about as plausible as the panel’s holding that the ban on AR-15s, the most common sporting rifle in America, does not unduly burden civilian self-defense.

The court was so disingenuous in its ruling that it claimed Capen and additional appellants failed to show any instance in which these models had ever been used for self-defense, an asinine finding that any search engine could refute in seconds with days and weeks of reading material.

In fact, even machine guns are not banned outright. But Katzmann and his ilk of treasonous judicial activists never burden themselves with obstacles like honesty, integrity, or their oath to America and the Constitution. Why let any of that get in the way of the internal insurrectionist agenda?

Katzmann and his merry band of idiots also claimed the ruling was not inconsistent with Heller, noting that the Second Amendment right was not unlimited and did not pertain to weapons “designed for military use.”

While this take is genuinely not unique by any standard, it has also been debunked since, well, the beginning, as the Second Amendment clearly states in plain English, “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.” A “well-regulated militia,” by definition, refers to a body of citizens trained and equipped to serve in a military capacity, ensuring the security of a free state, the Founding principle behind the Second Amendment.

Here’s a note to Katzmann and all the activist judicial traitors out there. If I can disprove you that easily, your children should be embarrassed by your legacy. There is very little I find more disgraceful than the absolute irreverence for your oath and obligation to the American people while you work to weaken the United States of America and poison our founding values from the inside.

Throughout history, many theories have been propounded as to the black robes worn by judges. Some say they provide a symbol of the authority and power conferred by the state, while others suggest they foster uniformity and promote the concept that justice remains blind. Judges like Katzmann and his First Circuit cohorts, however, bring modern clarity to the garb, as it seems the real symbolism behind the black robe is the death and mourning of our Constitution.