Category: Crap For Brains

First Circuit Upholds Massachusetts ‘Assault Weapon,’ Magazine Bans

he Bay State’s ban on the sale of certain semi-automatic firearms and ammunition magazines does not run afoul of the Second Amendment, a federal appeals court ruled Thursday.

A three-judge panel for the First Circuit Court of Appeals unanimously upheld the denial of a preliminary injunction against Massachusetts’ ban on the sale of “assault weapons,” such as the popular AR-15, and ammunition magazines capable of holding more than ten rounds. It determined that the logic of a prior ruling upholding Rhode Island’s ban on certain magazines applied to the weapons banned by Massachusetts law.

“A straightforward application of our prior holding in Ocean State Tactical supports the Commonwealth’s demonstration that the Massachusetts Ban’s AR-15 restriction ‘is consistent with the Nation’s historical tradition of firearm regulation,’” Judge Gary Katzmann wrote in Capen v. Campbell. “This means that Appellants have failed to demonstrate at this stage that the Ban is unconstitutional in all its applications.”

The ruling extends the unbeaten streak for states defending hardware bans at the federal appellate level ever since the Supreme Court handed down its New York State Rifle and Pistol Association v. Bruen decision in 2022. It will undoubtedly add to the growing sense of frustration among gun-rights advocates who believe Supreme Court precedent forecloses sales bans on common semi-automatic firearms and the magazines that come standard with them.

The National Association for Gun Rights (NAGR), the plaintiff in this case, did not respond to a request for comment. The group sued over Massachusetts’ bans in 2022, shortly after the High Court handed down the Bruen decision. They were first upheld by US District Judge F. Dennis Saylor IV in December 2023 after Saylor ruled that the banned items fit within the country’s historical tradition of regulating “dangerous and unusual” weapons.

Between that ruling and Thursday’s update on appeal, the First Circuit issued a separate opinion upholding Rhode Island’s nearly identical ban on ammunition magazines in March of 2024.

“The justification for the law is a public safety concern comparable to the concerns justifying the historical regulation of gunpowder storage and of weapons like sawed-off shotguns, Bowie knives, M-16s and the like,” Judge William Kayatta wrote in Ocean State Tactical v. Rhode Island. “The analogical ‘how’ and ‘why’ inquiry that Bruen calls for therefore strongly points in the direction of finding that Rhode Island’s LCM ban does not violate the Second Amendment.”

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BLUF
The Harvard Kennedy School might want to go back to basics. Taxing a Constitutional right doesn’t add up. Locking up criminals equals less crimes and less victims.

Harvard Scholar Argues to Tax Freedom for ‘Public Health’

Leave it to the “scholars” at Harvard Kennedy School to come up with a scheme that combines the arrogance of the “intellectual elite,” increasing taxes, administering gun confiscation plans and – again – purposefully conflating “public health” policies for crime control for the latest pie-in-the-sky gun control plan.

It would be an absurd April Fool’s joke if the researchers at Harvard Kennedy School weren’t serious. Just to be sure, a little digging shows that they received a grant for the study from Arnold Ventures, a known antigun philanthropy organization that funds gun control efforts across the country. What the idea shows is how out-of-touch the “intellectual elite” are when it comes Americans’ – and the firearm industry’s – commitment is to ensuring free exercise of Second Amendment freedoms. These are foundational to the unique American identity – that the rights are granted to Americans by their Creator and guaranteed by the U.S. Constitution, specifically in this case by the Bill of Rights. That’s not the case with two ivy-bound researchers. When it comes to the right to keep and bear arms – they’ve got a plan.

Trust me. It’s not better.

Luis Armona, an economic and assistant professor of policy at Harvard Kennedy School, and Adam Rosenberg, a doctoral candidate at Stanford University, believe they’ve come up with a way to reduce the criminal misuse of firearms – specifically murder. They just need to tax the snot out of them.

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The demoncrap leadership has made it clear they approve of violence against their opponents. I wonder what they’ll think when -not if, when – people get fed up enough with that and decide to turn this into a two way range, likely under Bill Clinton’s Rules of Engagement?

When the Philanderer in Chief, frustrated with Serbian intransigence in 1999, changed the rules of engagement to include the political leadership, news media and the intellectual underpinnings of his enemy’s war effort, he accidentally filed suit under the Law of Unintended Consequences.
The Serbians knuckled under, yes.
But the rest of the world took note, including us.
I assure you, the appeal to the higher court of history in that case has yet to be decided.

Tesla Vandals Keep Getting Caught, Democrats Keep Staying Silent.

There are two stories here. Once is the ongoing wave of vandalism and domestic terrorism by left-wing nutjobs and the other is the silence of Democrats. Neither of these stories is really breaking news at this point, but I haven’t stopped caring and I don’t think our readers have either.So on that note, let’s just go over a few acts of vandalism and the people who’ve been either identified as suspects or already arrested. Apparently these people don’t understand that Tesla’s have lots of cameras.In Boston, a woman was captured on video throwing a brick through the window of a Tesla.

This happened on Sunday. Boston PD is now looking for the suspect. Something tells me she won’t be too hard to identify.

This one happened in Dallas where a guy keyed a Tesla at an airport parking lot. He has now been arrested and is being sued by the owner in a civil case. Here’s a local news story on the lawsuit:

And this guy from West Fargo, North Dakota is now facing a felony charge.

He apparently confessed when questioned by police. Not much doubt about the politics that motivated him.

In Gilbert, Arizona a man named David Moller was arrested for keying a Cybertruck.

And in Kentwood, Michigan, police released a photo of two suspects they believe spray painted five Tesla Cybertrucks in a mall parking lot.

Again, the politics motivating this are pretty clear.

In the small city of Town and Country, Missouri a man named Matthew Reynolds has been arrested for keying a woman’s Model 3 in a parking lot.

Reynolds is also facing a felony charge. Here’s his mugshot.

In Aventura, Florida just north of Miami, a woman was arrested after spreading chewing gum on the door handle of a Tesla parked in a mall parking lot. Her name is Yamaris Marrero.

In Brookhaven, Mississippi a Cuban migrant named Osvaldo Torres-Rodriguez is still wanted for (allegedly) vandalizing a Tesla with a pair of pliers or wire-cutters.

Here’s one from Columbus, Ohio. Don’t know if this person has been caught yet.

Unfortunately, I could go on. There are many more examples of people who haven’t been arrested yet but who probably will be soon. You can see a bunch of them on this X account.

Meanwhile, the Democrats who have inspired all of this have said almost nothing about it. AOC has been asked about it twice and has replied that Republicans say all sorts of things about her. But of course she has called out others for “stochastic terrorism” in the past.

Questioned by Fox News Digital, “Squad” member and leading Democratic Rep. Alexandria Ocasio-Cortez of New York refused to answer whether she believes Democrats’ inflammatory rhetoric against Elon Musk has any connection to the violent attacks and vandalism against Tesla owners and dealers across the country…

Though she would not comment on the acts of terror against Tesla owners and workers, Ocasio-Cortez, considered  one of the country’s leading Democratic voices, has previously accused her Republican opponents of engaging in “stochastic terrorism,” using inflammatory language to incite violent action, by criticizing her, which she said prompted her to hire security.

Speaking on CNN in 2023, she said, “It’s uncomfortable serving with people who engage in what many experts deem stochastic terrorism, which is the incitement of violence using digital means and large platforms so that individuals themselves may not be the one that’s wielding a weapon.

Few national Democrats have criticized the wave of arson and vandalism. It’s almost as if they know the vandals are on their side.

Media Efforts To Turn Signalgate Into A Scandal Are The Surest Sign It’s Not One

There are still pieces of the “Signalgate” saga of interest — like how did the worst person in Washington end up in the chat? But what would have been a relatively minor controversy has been so excessively hyped up as an epic scandal that it’s impossible to remember why it aroused anyone in the first place.

What we know from screenshots of a Signal smartphone group chat published in The Atlantic on Monday (followed by another round of screenshots on Wednesday) is that a couple of weeks ago, high-level Trump administration officials were in the chat debating the merits of a U.S. attack on the Islamic Houthi militants in Yemen. The Atlantic’s Jeffrey Goldberg, who is proven to make things up for the sake of defaming President Trump, said he was included in the chat by National Security Advisor Mike Waltz, who has confirmed as much, though he said it was accidental and he doesn’t know how Goldberg was added.

There are legitimate concerns about federal recordkeeping and handling of sensitive communications, but to the extent that the content of the chat is newsworthy, it features an interesting debate on foreign policy between Vice President J.D. Vance, Defense Secretary Pete Hegseth, and others. What’s most consequential is a portion in which Hegseth tells the chat the times that some targets will be bombed on a specific day, without specific locations, names, or routes.

It’s debatable whether the information was classified (the administration says it wasn’t) or could have potentially endangered lives — what good is a time without a location? — but per usual, the media haven’t let enough be enough. Before publishing the full screenshots, Goldberg claimed that in the chat Waltz had identified a covert CIA agent, which wasn’t true; and he suggested that explicitly named in the chat were specific enemy targets, which was also untrue.

Then a Wall Street Journal editorial said the “real security scandal” was that Trump’s special envoy Steve Witkoff, who is at the center of peace negotiations in Israel and Ukraine, was on the chat while in Russia and therefore, “Russian intelligence services must be listening to Mr. Witkoff’s every eyebrow flutter.” There’s no evidence that Witkoff’s phone was on him while he was in Russia, and the one message from him in the screenshots would have placed him back in the U.S. at the time it was sent. Witkoff has said he only had a secure device while he was in Russia.

Most irksome are subsequent news articles characterizing the chat screenshots as containing “details” and “specifics” on the military attacks, when it’s at best unclear how useful time stamps alone would be in thwarting them. It’s a pointless mind exercise anyway. The public knew nothing about the conversation or the military attack plans until days after they were executed. If that’s to Goldberg’s credit, then congratulations to him — he’s not a complete and total traitor to his country, even if he is anti-American in every other way.

That brings us to the enduring point of concern with this highly oversold story: Why did Mike Waltz have Goldberg’s contact information? What are the odds that this exact anti-Trump media figure would be selected to slip into a sensitive group chat? Waltz has offered doubtful explanations and theories, such as the possibility that Goldberg’s number was listed under the wrong name in his phone contacts or, even more dubious, that Goldberg’s contact was “sucked in” via a third party. Waltz has also said he thought Goldberg was “someone else.” Okay, who? Either Waltz never intended to include the contact belonging to Goldberg — “sucked in” — or he did but thought it was a different person. It can’t be both.

It’s possible Waltz really has no clue what took place there. Stranger things have happened. But his version of events isn’t satisfying. It’s to his benefit that it’s the one part of this whole episode receiving the least amount of attention from the people keeping the story alive.

Chavez v. Bonta. California’s 18-20 year old ban on buying semiauto centerfire rifles is upheld

This is ‘merely’ in the District Court; as it were, Act 1 in the play. The Firearms Policy Center will almost undoubtedly appeal and from the 9th Circus historical record we know how that will ultimately turn out, so in a few years, we may see it appealed to SCOTUS.

The judge cites that the Plaintiffs have failed to show that the restriction on retail sales, meaningfully constrained the 18-20 year old Californians’ right to acquire firearms. The judge says that there are other routes e.g. private sales, gifts etc. BUT, this is ‘interest balancing‘, which SCOTUS has ruled is unconstitutional and repeated that several times.

The Supreme Court has upheld the ATF’s “frame or receiver” rule.

During the Biden ‘administration’ ATF ruled that “80%” receivers were to be treated and regulated just like they were fully finished guns.

The were sued and it went all the way to SCOTUS.

Justices Alito and Thomas were the only ones to dissent. All the others agreed. Regard the fate of future decisions accordingly.

 

BLUF
A decision point is coming. Decisive action by the Chief Justice could save the judicial branch by restoring the judicial modesty that preserves the respect of the other branches. If only we could be confident that John Roberts was wise enough to do it.

The Agony of John Roberts.

Pity poor John Roberts. No, he’s not corrupt or compromised. He is simply a man who has found himself at a pivotal time and place in a position of great responsibility for which he is utterly unsuited. He’s not a dumb man. He is, in fact, a very smart man – Hugh Hewitt knew him personally in the Reagan administration and testifies to that. I have no doubt it’s true. I know many smart people who have similar flaws. As objectively intelligent as John Roberts is, he is unwise, and he is endangering the institution he wants to preserve because he does not understand human nature or the times he finds himself in.

Frankly, I’ll take wisdom over raw intellect any day of the week.

If he had the capacity to lead that he so manifestly lacks, John Roberts could save his institution with decisive and bold action. But that’s not who he is. Understand what John Roberts wants. He is an institutionalist who has always wanted to protect the judiciary branch. He wants it to be a fully co-equal branch that is respected by all. But the very actions he has chosen to take – or not to take – in response to the current crisis of out-of-control subordinate courts are guaranteeing that it will fall. Continue reading “”

Never interrupt the enemy when he’s making a mistake.

Chuck Schumer rejects calls to step down as Senate Democratic leader.

WASHINGTON — A defiant Senate Minority Leader Chuck Schumer vowed that he won’t step aside as the chamber’s top Democrat, rejecting calls from some House colleagues and liberal advocates critical of his move to help pass a Republican funding bill.

“Look, I’m not stepping down,” Schumer, D-N.Y., said in a taped interview that aired Sunday on NBC News’ “Meet the Press.”

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Judge includes new USAID head in order against dismantling the agency

Days after a federal judge blocked billionaire Elon Musk and the U.S. DOGE Service from taking further actions to dismantle the U.S. Agency for International Development, he made clear in a separate ruling this week that the prohibition also applied to the agency’s new chief operating officer — a former DOGE team leader inside USAID who started his new role on the day of the first order.

Jeremy Lewin, a 28-year-old Harvard Law School grad on DOGE’s team dismantling USAID, joined the humanitarian agency Tuesday as its chief operating officer and deputy administrator for policy and programming, according to a court filing Wednesday by the Department of Justice. The Department of Justice asked the Maryland federal judge to clarify or modify his order so that it wouldn’t apply to Lewin.

U.S. District Judge Theodore D. Chuang, in declining the request Thursday, added that he reserves the right to modify the preliminary injunction to expand who it applies to if “additional personnel actions have the effect of circumventing” it.

On Friday, the Department of Justice filed notice that it will appeal Chuang’s original ruling to the U.S. Court of Appeals for the Fourth Circuit.

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Supreme Court Second Amendment Update 3-20-2025

Given that the Supreme Court has scheduled a “large capacity” magazine ban cert petition to tomorrow’s conference for the ninth time (plus two reschedules), the timing of the 9th Circuit Court of Appeals en banc panel upholding California’s ban on magazines that hold more than ten rounds is interesting.

“[T]he en banc court concluded that California’s law comported with the Second Amendment for two independent reasons. First, the text of the Second Amendment does not encompass the right to possess large-capacity magazines because large-capacity magazines are neither “arms” nor protected accessories. Second, even assuming that the text of the Second Amendment encompasses the possession of optional accessories like large-capacity magazines, California’s ban on large-capacity magazines falls within the Nation’s tradition of protecting innocent persons by prohibiting especially dangerous uses of weapons and by regulating components necessary to the firing of a firearm.” Here is a link to the decision.

In any event, there are other Second Amendment cert petitions scheduled for the conference. I’ve listed them below, along with the questions presented. Clicking on the docket number will take you to the SCOTUS docket, where you can take a deep dive into the petitions.

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Keep right on talking Chuck…….

Judicial Overreach and the Separation of Powers: Why Judges Cannot Run the Executive Branch

The United States Constitution is built on a system of separation of powers, ensuring that each branch of government—the legislative, executive, and judicial—operates within its own clearly defined sphere of authority. Article II of the Constitution explicitly vests executive power in the president, granting him the sole authority to run the executive branch, hire and fire federal employees, and manage the implementation of federal policy.

However, in recent years, judicial overreach has increasingly threatened this fundamental structure. Activist judges have repeatedly interfered with executive decisions, particularly regarding federal employment and budgetary matters, effectively attempting to seize control of the executive branch. This kind of judicial activism is not only unconstitutional but also dangerous to the very principles of self-governance and democratic accountability.

The Executive Power Belongs to the President Alone

Article II, Section 1 of the U.S. Constitution states: “The executive power shall be vested in a President of the United States of America.” This is not an ambiguous statement—it makes clear that executive authority belongs to the President, not to Congress, not to the courts, and not to unelected federal bureaucrats.

Among the responsibilities that come with executive power is the authority to hire and fire federal employees. The president, as the head of the executive branch, is responsible for ensuring that federal employees serve the interests of the American people effectively and efficiently. If an administration determines that certain employees are unnecessary, redundant, or incompetent, it is well within the president’s constitutional authority to dismiss them. No federal employee has a constitutional right to a government job. Employment in the federal government is not a protected right, and courts have no legitimate authority to override the president’s decisions on workforce management.

Despite this clear constitutional framework, we have seen repeated attempts by liberal judges to interfere with the executive branch’s authority by blocking efforts to reduce the federal workforce, demanding that terminated employees be rehired, or even forcing the president to spend taxpayer money on wasteful programs that he deems unnecessary. Such rulings are blatant violations of the separation of powers and represent an unacceptable intrusion into executive functions.

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What do they want, sponge balls for bullets? These purported scientists are morons with crap-for-brains to think they can sell this.

Gun Control Researchers Should Realize: It’s the Criminal, Not the Bullet’s ‘Case Fatality Rate’

Instead of advocating for prosecutors to get tough on criminals who break the law, keeping them behind bars longer rather than being released with a slap on the wrist, researchers have been keeping themselves busy in a flurry of “research” to tell us what we already know. Firearms are deadly. That is, after all, why law-abiding citizens use firearms for self-defense.

That is why gun rights advocates, Second Amendment supporters and self-defense proponents take firearm education and training so seriously. With great privilege (exercising Second Amendment rights) comes great responsibility.

Several researchers teamed up to publish a recent article in the Journal of American Medical Association (JAMA) titled, “Bullets as Pathogen—The Need for Public Health and Policy Approaches.” The results were not at all earth-shattering – that larger bullets cause more damage than smaller ones – but policy recommendations resulting from the “research” could be far-reaching, if impractical.

“It is past time to address the ultimate cause of injury and death, the bullet, and consider bullet-specific regulations to decrease the burden of firearm injuries in the U.S.,” the authors proclaimed.

Bullets Aren’t Bacteria

Gun control activists in university research departments are increasingly partnering with health care professionals in order to push an agenda of strict gun control as if they’re trying to solve a public health emergency. The Johns Hopkins Bloomberg School of Public Health immediately comes to mind. That institution, funded by staunch gun control activist and hypocrite Micheal Bloomberg – who also bankrolls Everytown for Gun Safety and its propaganda “news” outlet The Trace – just released a report including five policy recommendations and promoted the idea that gun ownership would be better treated as a privilege and not as a right guaranteed by the U.S. Constitution for all law-abiding citizens.

The researchers behind the new JAMA article are pushing more of the same.

“Through examination of the devastating damage of bullets to individuals and society and application of public health principles akin to communicable diseases, we can prevent further injuries, disability and unnecessary loss of life,” the authors wrote.

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Court upholds Florida gun law that bars people under 21 from buying rifles
Friday’s ruling by the full Atlanta-based appeals court upheld a three-judge panel’s decision and outlined the history of the nation’s gun laws, from its founding to recent U.S. Supreme Court decisions setting guidelines for determining how to apply the Second Amendment.

Saying the restriction is “consistent with our historical tradition of firearm regulation,” a federal appeals court on Friday upheld the constitutionality of a Florida law that raised the minimum age to purchase rifles and other long guns from 18 to 21. [really? What ‘historical tradition?]

The 8-4 ruling by the 11th U.S. Circuit Court of Appeals came after seven years of legal wrangling in the National Rifle Association’s challenge to a 2018 law passed after a mass shooting at Parkland’s Marjory Stoneman Douglas High School that killed 17 students and faculty members.

Nikolas Cruz, who was 19 at the time, used a semiautomatic rifle to gun down the victims at his former school. The NRA filed a lawsuit challenging the constitutionality of the gun-age restriction shortly after the law passed.

Friday’s ruling by the full Atlanta-based appeals court upheld a three-judge panel’s decision and outlined the history of the nation’s gun laws, from its founding to recent U.S. Supreme Court decisions setting guidelines for determining how to apply the Second Amendment. While the law barred people under 21 from buying rifles and long guns, they still can receive them, for example, as gifts from family members.

“From this history emerges a straightforward conclusion: the Florida law is consistent with our regulatory tradition in why and how it burdens the right of minors to keep and bear arms,” Chief Judge William Pryor wrote. “Because minors have yet to reach the age of reason, the Florida law prohibits them from purchasing firearms, yet it allows them to receive firearms from their parents or another responsible adult.”

Judges Adalberto Jordan, Robin Rosenbaum, Jill Pryor, Kevin Newsom, Britt Grant, Nancy Abudu and Charles Wilson joined the majority opinion. Judge Andrew Brasher wrote a dissenting opinion, which was joined by Judges Elizabeth Branch, Barbara Lagoa and Robert Luck.