Category: Rights

Natural Law, Scripture and the Right of Self Defense

Now that Republican leaders have fended-off the widely anticipated Red Wave, Left-leaning politicians who are keen on relieving Americans of their constitutional rights can pursue their previously unspoken agenda.

Gun control wasn’t a big issue in the midterm elections, largely because most Americans don’t like it. But now that the dust has settled, the American Left is free to seek more gun control.

Congressional Democrats and the Biden administration are emboldened to renew their efforts to impose gun control. In Oregon, new gun restrictions are being celebrated by the Left because people must now receive permission from the government before being allowed to purchase a firearm for self defense or sporting. Regrettably, this law was widely promoted by a number of churches and synagogues in the state.

The authoritarian Left in America hates the Second Amendment. One of their arguments theorizes that our gun rights should be eliminated because AR-15s were not available to the Continental Army at the Battle of Yorktown, just muskets and bayonets.

Extending this logic to the First Amendment, perhaps we should ban cable news and Facebook because they too did not exist in the mid-18th century. I’m not convinced that would be proper but it might be kind of fun to do it for a couple of weeks just to see what happens.

We’re led to believe that our Second Amendments rights are a freakish aberration in our Constitution, that guns are the root of much evil. In truth, the principles behind the Second Amendment are really old. Ancient, in fact.

In his 1754 treatise on The Absolute Rights of Individuals, the distinguished English jurist William Blackstone wrote of “the natural right of resistance and self-preservation,” and the importance of “the right of having and using arms for self-preservation and defence (sic).”

Blackstone’s writings were designed to improve upon the 1689 English Bill of Rights, which included the right for some people to bear arms, though it was not a universal right.

Before legal and political thinkers specified the right to bear arms, scholars and theologians were promoting the concept of the right of self defense and the right to resist tyrants. During the Great Reformation, Martin Luther, Philip Melanchthon and others affirmed the right of self defense, which was a very scary idea for 16th century European theocrats.

In affirming self preservation, the Reformers did not contemplate the people defending themselves with strongly worded letters to Rome protesting public disembowelment. They presumed people would be armed with weapons of the day.

The Magna Carta did not guarantee the right to bear arms but it did provide the right of resistance should the king not abide by its terms. This also presumes the right to bear arms. It’s no coincidence that when King John signed the Magna Carta in 1215, the English nobles who attended the ceremony carried swords.

The Dooms of King Alfred required Anglo-Saxon landowners to provide men, ready to fight, in defense against the 9th century Viking raiders who frequented England’s shores. Like the Magna Carta, Alfred also presumed the men of his kingdom would be armed.

This acknowledgement of self defense as a God given right isn’t limited to the Anglo-Saxon or European traditions. Going back as far as 124 BC, Chinese Emperor Han affirmed the right of people to arm themselves, “to prevent tyranny and to punish evil.”

Ancient as these civic traditions of self defense are, most are predated in scripture. The Gospel of Luke records Jesus Christ telling his disciples before his betrayal, “Let the one who has no sword sell his cloak and buy one.” Whether Jesus meant this literally or figuratively is subject to debate but the underlying wisdom is unambiguous: be prepared because the future is dangerous.

Biblical Christianity doesn’t merely permit us to defend ourselves, it demands we defend our families. Paul’s first letter to Timothy reads, “If anyone does not provide for his relatives, and especially for members of his household, he has denied the faith and is worse than an unbeliever.”

This involves more than providing food and shelter; it also means protecting our loved ones from assault, rape, and murder. Apparently, some of Oregon’s so-called faith leaders are not familiar with this New Testament passage. More’s the pity.

By comparison, men’s fellowship at the church I attend in Texas includes presentations from local theologians and Bible scholars, group discussions on church doctrine, study of scripture, prayer, and range time with pistols and rifles.

When modern politicians seek to relieve us of our Second Amendment rights, they are contradicting millennia of common law, natural law and scripture. They are embracing the policies of tyrants who know that unarmed people are docile subjects rather than free citizens.

If we are denied the right of self defense, it’s only a matter of time until we’re denied others.

The Government Can’t Fix Social Media Moderation & Should Not Try

Washington, DC – -(AmmoLand.com)- Despite their increasingly bitter differences, Democrats and Republicans generally agree that content moderation by social media companies is haphazard at best. But while Democrats tend to think the main problem is too much speech of the wrong sort, Republicans complain that platforms like Facebook, Twitter, and YouTube are biased against them.

The government cannot resolve this dispute and should not try. Siding with the critics who complain about online “misinformation” poses an obvious threat to free inquiry and open debate. And while attempting to mandate evenhandedness might seem more consistent with those values, it undermines the freedoms guaranteed by the First Amendment in a more subtle but equally troubling way.

Under a Texas law that the U.S. Court of Appeals for the 5th Circuit declined to block last week, the leading social media platforms are forbidden to discriminate against users or messages based on “viewpoint.” The “censorship” that Texas has banned includes not just outright removal of content and cancellation of accounts but also any steps that make posts less visible, accessible, or lucrative.

That means platforms are obliged to treat all posts equally, no matter how objectionable their content. With narrow exceptions for speech that is not constitutionally protected, Facebook et al. are not allowed to favor tolerance over bigotry, peace over violence, or verifiably true historical or scientific claims over demonstrably false ones.

While such neutrality is constitutionally mandatory for the government, imposing it on private actors violates the First Amendment right to exercise editorial discretion.
The companies that challenged the law cited a line of Supreme Court decisions recognizing that right in a wide range of contexts, including a newspaper’s selection of articles, a utility’s control over the content of its newsletter, and a private organization’s vetting of participants in a St. Patrick’s Day Parade.

Even assuming those cases established a general right to exercise editorial discretion, the 5th Circuit said that is not an accurate description of what social media platforms are doing when they decide that certain posts are beyond the pale. Because they rely heavily on algorithms, do not review content before publication, and take action against only a tiny percentage of messages, Judge Andrew Oldham declared in the majority opinion Facebook et al. “are nothing like” a newspaper.

Writing in dissent, Judge Leslie Southwick objected to that characterization. While “none of the precedents fit seamlessly,” Southwick said, a social media platform’s right to curate content is analogous to “the right of newspapers to control what they do and do not print.”

That right has never been contingent on whether editors do their jobs thoughtfully, consistently or fairly. As the U.S. Court of Appeals for the 11th Circuit observed when it blocked enforcement of Florida’s social media law in May;

“private actors have a First Amendment right to be ‘unfair’ — which is to say, a right to have and express their own points of view.”

Oldham rejected the argument that social media companies are expressing a point of view when they make moderation decisions based on “amorphous goals” like maintaining “a welcoming community” (YouTube), fostering “authenticity, safety, privacy, and dignity” (Facebook), or ensuring that “all people can participate in the public conversation freely and safely” (Twitter). Yet the conservatives who want the government to restrict moderation decisions take it for granted that social media companies have an ideological agenda — one that is hostile to people on the right.

If social media platforms pursued that agenda more explicitly and systematically, Oldham’s argument implies, the government might be obliged to respect their decisions. The more proactive and heavy-handed they were, the stronger their First Amendment claim would be.

Should the Supreme Court resolve the split between the 5th and 11th circuits by endorsing Oldham’s reasoning, platforms that want to escape Texas-style regulation might decide that broader and tighter content restrictions are the way to go. By trying to mandate a diversity of opinions, the government could achieve the opposite result.

 

Virginia: Fairfax Co. Schools Push Anti-Gun Propaganda on 5th Graders

USA – -(AmmoLand.com)-  A concerned parent, Darcey Geissler, has brought attention to an assignment that her son received in a Fairfax County school.

In a “lesson” on persuasive writing, students were given an anti-gun essay to evaluate, rather than something with more neutral content, so that the students could focus on the persuasive writing aspect. There was no sample essay with an opposing viewpoint presented.

Though this sample essay is ostensibly meant to be just a learning tool, it does parrot many worn-out talking points that disarmament radicals have used over the years. It claims that the Second Amendment is about hunting, that the existence of modern police forces makes the Second Amendment obsolete, and that citizens defending themselves from imminent danger while police are, at best, minutes away is somehow “tak[ing] the law into their own hands.”

It even mentions the Brady Campaign and simply describes it as “an organization to prevent violence,” without any mention of their radical policy proposals, such as gun bans and restricting the right to self-defense, or their junk lawsuits that attempt to bankrupt the firearms industry. Most recently, Brady partnered with the Mexican government against the rights of law-abiding Americans.

All this is not surprising, coming from a school system in a county that is hostile to the Second Amendment rights of its own citizens.

In 2020, the county banned firearms in many county-owned and operated locations, including its extensive public parks. While disarming law-abiding citizens, the ordinance they passed was not about safety or security. There were no measures ordered to prevent armed criminals from ignoring the arbitrary boundaries (as criminals do), such as metal detectors or increased police presence. This carry ban is currently the subject of an NRA-backed lawsuit.

This situation underscores the value of parents and guardians being involved in passing on American values, such as respect for the Second Amendment, to the next generation. Government schools in Fairfax County, despite being funded with taxpayer dollars, certainly will not.

The left’s newest stealth attack on free speech

America’s two most important rights are free speech and the right to bear arms. Without the first, no people are free; and without the second, there is no first. Totalitarians always go after both; that is, they silence and disarm them. For decades, the left has been open in its war on the Second Amendment. They’ve struggled more with the war on speech, but they may finally have come up with a new approach that will sneak around constitutional muster.

When it comes to speech that incites violence or is otherwise imminently threatening, the law has always been clear: The threat must be very explicit and imminent for the speech to lose its First Amendment protections. At the most simplistic level, saying, “I wish so-and-so were dead” is not an actionable opinion. However, saying, “I’m going to kill so-and-so this week” or “You all need to kill so-and-so; I’ve got a plan” is criminally actionable speech. (The standard is more sensitive when speech is directed at the president, of course.)

This constitutional limitation on making (conservatives’) political speech criminally actionable has long vexed the left. They’ve trained their young acolytes that speech is violence (so much so that almost half of college students say “hate speech” should get the death penalty) but, so far, courts haven’t fallen for that gambit. Unless speech creates an imminent threat, it gets a pass.

Lately, though, the left has come up with a new concept that seeks to say that any speech that opposes leftist policies is actual and imminent “terrorism.” Or as leftist academia calls it, “stochastic terrorism.”

Christopher Rufo discusses the concept in an important City Journal essay. He begins by revealing that he is being identified as someone who is directly responsible for the attack on Paul Pelosi:

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Gun laws, abortion, taxes: Why Eastern Oregon is voting to join Idaho

Republican voters in Eastern and Central Oregon are so fed up with liberal lawmakers that they want to break rank — and state lines — and become part of Idaho.

On Tuesday, two Oregon counties, Morrow and Wheeler, are set to vote on a ballot measure about whether to explore leaving the state. Since 2020, nine counties in Eastern Oregon have already voted to join the Greater Idaho movement.

“People in Eastern Oregon are just different and have different views on crime, the Second Amendment, abortion, taxes and minimum wage [from the western portion of the state],” Matt McCaw, spokesman for Greater Idaho, told The Post. “The polarization with the western part of the state is real. When I meet with people and host meetings, there are a lot of complaints about the lack of representation. Eastern Oregon is just very conservative and has its own culture.”

The Greater Idaho movement is made up of residents in Eastern and Central Oregon who are so fed up with liberal lawmakers that they are pushing for the region to break state lines and become part of Idaho.
The Greater Idaho movement is made up of residents in Eastern and Central Oregon who are so fed up with liberal lawmakers that they are pushing for the region to break state lines and become part of Idaho.
Matt McCaw, spokesman for the Greater Idaho movement, told The Post: “Eastern Oregon is just very conservative and has its own culture” compared to the state’s more liberal western region.

So he and a group of fellow disgruntled Oregonians in the small city of La Pine began to hash out a plan to secede because they no longer felt represented by the liberal lawmakers in the state capital, Salem. The solution: Join Idaho, where the Republican Party is firmly in control.

“Eastern Oregon, where we all live, could get state-level government from Idaho that matches their values,” McCaw said.

It’s a radical proposition that would see nearly two-thirds of Oregon’s 63 million acres (98,000 square miles), but less than 10% of its population, blend into neighboring Idaho.

For the first time in 40 years, Oregonians might vote in a Republican governor, as Christine Drazan (above) has a slight lead going into Tuesday’s race.

McCaw, 46, said the movement’s leaders are hoping to attract 15 of the state’s 36 counties and two partial ones to join Idaho.

“We asked the simple question, ‘Would you like your elected leaders to change the border?’ and we’ve won our last six elections with more than 60% of the vote,” McCaw told The Post.

For McCaw, who owns a small math-curriculum company with his wife, and his supporters, the largely rural and conservative residents of Eastern Oregon have very little in common with their progressive urban neighbors in western cities like Portland, Eugene and Bend.

The plan to move to Idaho came about because some Eastern Oregonians no longer felt represented by the liberal lawmakers in the state capital, Salem.

In the 2020 election, former President Donald Trump dominated Eastern Oregon, receiving nearly 80% of the vote in some counties, but President Biden ultimately won 56.5% of Oregon votes thanks to liberal cities.

Oregon’s current governor, Democrat Kate Brown, has a 56% disapproval rating, the worst in the US. Brown, whose term expires next year, has been criticized for doing little to stem rising crime and homelessness in the state’s urban centers since she became governor in 2015.

Some Oregonians are so fed up with spiraling crime, easy access to drugs and homelessness that — for the first time in 40 years — Oregon may see a Republican become governor.

Christine Drazan, 50, a former Oregon House minority leader, has a slight lead over her closest opponent, former Oregon House Speaker Tina Kotek, a Democrat. Independent Betsy Johnson is also in the race, and some predict she might split the blue vote.

But even the prospect of a Republican governor would not help the situation for those in the eastern part of the state, said Sandie Gilson, who lives in Grant County, one of the first Oregon counties to vote in 2020 to explore joining Idaho.

“Even if we have a Republican governor, the Democrats still have a supermajority in the legislature,” said Gilson, 56, a fifth-generation Oregonian whose gold-miner great-great-grandfather arrived in the state in the 1800s. “It will change nothing.”

Mike McCarter, one of the group’s founders, described Greater Idaho as being about “people who value freedom, independence and self-sufficiency.”

Gilson and her husband are small-business owners who say they want to be self-sufficient in a rural region where making an emergency call to police could result in a two-hour wait for help. The couple, who own firearms, say they are not able to defend themselves if faced with an emergency, because of government mandates. Last year, the state enacted a safe storage law that requires the owners of firearms to keep them locked up.

“It would take us more than five minutes to unlock our guns, and in that time a lot could happen,” Gilson told The Post. “The legislature does things that just don’t make sense for us.”

Gilson also said she doesn’t feel safe after Oregon decriminalized personal portions of all drugs in 2020 and, earlier this year, instituted bail reform laws that allows defendants charged with misdemeanors and some felonies to be released without posting bail.

While Donald Trump won as much as 80% of votes in Eastern Oregon counties in the 2020 presidential race, more populous liberal cities like Portland helped Biden dominate the state.
Getty Images/iStockphoto

“How does that make me safe in my home?” Gilson said, adding that residents in Eastern Oregon, which has a fraction of the population of the western part of the state, generally get outvoted.

Like Gilson, Mike McCarter, 75, said residents in Eastern Oregon are almost always getting outvoted by the much more populous western region. McCarter, who lives in La Pine and is one of the founders of Greater Idaho, told The Post that eastern residents voted two to one against recreational drug use, but “Western Oregon wanted it, and they carried the vote.”

Still, McCarter insists that the movement for a Greater Idaho is not a political one. “We try to keep the movement away from politics,” he said. “Our movement is a traditional-values type movement of faith — of people who value freedom, independence and self-sufficiency.”

Current Gov. Kate Brown has the country’s highest disapproval rate, at 56%, in part because of a perceived lack of control on crime.

In 2020, Gov. Brad Little of Idaho said he welcomed the move, adding, “They’re looking at Idaho fondly because of our regulatory atmosphere, our values. What they’re interested [in] is they would like to have a little more autonomy, a little more control, a little more freedom and I can understand that.”

Although states have had their borders reconfigured in the past — Maine seceded from Massachusetts in 1820 — there is no historical precedent for large land masses to leave one state and join another.

Ryan Griffiths, a political science professor at Syracuse University who studies the secession of sovereign states, told The Post that “the bar is pretty high” for state secession in the US.

“This is not the kind of thing that is done unilaterally by people in counties,” Griffiths said. “They have to get the state of Oregon on board and the state of Idaho, and that’s a very high bar.”

CT’s semi-automatic weapons ban at ‘very real risk’ of being lifted by lawsuit, Attorney General Tong says

HARTFORD — Attorney General William Tong warned Friday that Connecticut’s nearly three-decade-old ban on semi-automatic weapons is “at very real risk” of being lifted, at least temporarily, after one of several groups suing to overturn the law requested that the state be prevented from enforcing its ban while the case proceeds.

The motion for a preliminary injunction was filed Thursday by attorneys for the National Foundation for Gun Rights in a federal court in New Haven. The Colorado-based group is one of several plaintiffs that filed lawsuits against Connecticut’s semi-automatic weapons ban following a Supreme Court decision striking down New York’s gun-permit law, sparking a wave of litigation against other state bans.

“I don’t have to tell you how extraordinarily dangerous this is in this moment to see an immediate repeal of the semi-automatic weapons ban,” Tong said during a hastily assembled press conference on Friday, where he was joined by Gov. Ned Lamont. “We are going to fight tooth and nail, we’re going to throw everything we have at them to keep Connecticut families safe and to preserve our very strong gun laws.”

Tong’s office has yet to file its formal response to the group’s motion. He told reporters Friday that filing would be made “soon.”

In a statement Friday, NFGR President Dudley Brown defended the group’s lawsuit, saying “The day of reckoning for the State of Connecticut has come, and it’s time for them to answer to the Second Amendment for trampling the gun rights of their law-abiding citizens.”

“Our motion for preliminary injunction is simply saying that when rights are at stake, we cannot waste another day in allowing unconstitutional gun control to stand,” Brown said.

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Actually, this is another reason for laws that ban such civil suits when either the prosecution declares it a case of self-defense, or the person is acquitted at trial, as is the case in several states already.

Another Reason Avoidance is Best — Judge Denies Motion to Dismiss Civil Suit Against Acquitted Kyle Rittenhouse

You would be wrong if you figured Kyle Rittenhouse’s legal battle ended when a court acquitted him of murder and other charges for justifiably shooting 3 men in self defense. This is yet another example of why, if possible, avoiding conflict is always the wisest action.

Rittenhouse’s Defensive Gun Use in Kenosha—

So most everyone knows what happened on August 25, 2020 at a Black Lives Matter protest in Kenosha, Wisconsin. Any reasonably, non-biased view of the facts in the case clearly illustrates that Rittenhouse acted in self defense when he shot 3 men; one who chased after him and tried to disarm him of his rifle, another who chased after him, swinging a skateboard attempting to strike Rittenhouse in the head as Rittenhouse lay on the ground, and another man who ran toward Rittenhouse pointing an illegally possessed handgun at him.

The Criminal Charges Brough Against Rittenhouse—

In a clearly political move, prosecutors charged Rittenhouse. Knowing they had no way of winning, prosecutors used the public trial to gaslight the public into believing Rittenhouse was an alt-right neo-nazi. An assertion proved erroneous. The point was not to convict Rittenhouse, which they couldn’t, but to demonize him. And then anyone who would dare to believe that someone had the right to defend themselves. If you believed what Rittenhouse did was not wise, but clearly justified, you too were an alt-right nazi. Of course, the media and maniacs in the streets even threatened the jurors with doxing and rioting if they ‘decided wrong’.

Rittenhouse legally defended his life against three men in the streets of Kenosha. He defended his freedom against a politically motivated prosecutor in a court of law. Kyle defended and continues to defend his reputation against baseless accusations. And he is trying to protect whatever assets he has after paying for legal defense, to defend against a civil suit brought against him by the family of one of the men who tried to kill him.

The Civil Suit Against Rittenhouse—

The father of an adult who attacked Rittenhouse with a skateboard wants money. No doubt he grieves for his son. Any decent father would. But the arguments in this civil suit against Rittenhouse are nonsensical and proven false in the criminal trial.

The Deceased Attacker is actually a Hero—

For example, in the suit, the father claims his son was a “hero” and was trying to disarm Rittenhouse. The claim in the criminal trial was that somehow the 3 men were ‘good samaritans’ who thought Rittenhouse was an active shooter, and they needed to stop him. A claim that prosecutors couldn’t substantiate with evidence, witness statements or ‘victim’ testimony. The complaint filed by the man’s father reads:

After Anthony was shot, Gage Grosskreutz approached Defendant Rittenhouse with his hands up, pleading with him to stop his shooting rampage. Without provocation or any legal justification, Defendant Rittenhouse shot at Grosskreutz from point-blank range, hitting him in the arm. Thankfully, Grosskreutz survived.

Yeah, this description of events is complete fantasy when compared to all the evidence presented at trial.

Rittenhouse is an alt-right Nazi—

The complaint also attempts to use the same failed approach prosecutors used in the criminal trial—frame Rittenhouse as a racist. The ‘you’re a racist’ argument works on social media. But the same question that the prosecutors couldn’t provide an answer to in the criminal trial lingers. If Rittenhouse is so blinded by racial hatred, why did he only shoot people of his same race? The answer is clear, because he only shot people who he reasonably believed were going to cause him death or serious bodily harm, period.

Rittenhouse Violated Statutory Gun Law—

In the complaint, the attacker’s father drummed up fake news spread by the media that Rittenhouse brought the AR15 he used to defend his life across state lines in violation of law. The morons in the media repeated this, although with basic journalistic investigation, they would find the claim completely untrue.

What’s the Point—

The point is that if you carry a firearm for self defense; you need to know that in some states, even if you’re acquitted, you can still face civil suits. While the saying may be true, that ‘dead men don’t sue,’ it fails to mention that their families do. And they do it all the time.

You also need to remember that whether it be a criminal or civil trial, you can assume that anything the opposing side can do to twist, invent, or bring into question your character or actions, they will. It doesn’t have to be true.

So my advice is:

  • Live your life in a way that always seeks avoidance, if possible. This post on the proper defensive mindset explains this concept more deeply. In essence, live out: Romans 12:18 If it be possible, as much as lieth in you, live peaceably with all men.
  • Be careful what you post on social media. This isn’t about censoring your right to speak. Say what you want to say, it’s your right. Stand up for what you believe in. But do so in a way that doesn’t bring your character into question.
  • Know the law. Not just gun law, but self defense law. The book from Andrew Branca is a must for every person who even thinks about carrying a gun for self defense.
  • Consider a self defense legal membership service like CCW Safe. The amount of money necessary to defend against a political prosecution, and or civil lawsuit is astronomical. Remember, the state has unlimited funds (part of which you pay for, if you pay taxes) available to use against you. How much money do you have to defend yourself?

Another Church in New York files suit

New York Church Challenges State Ban on Firearms in Houses of Worship

New York Church Challenges State Ban on Firearms in Houses of Worship
First Liberty Institute, Clement & Murphy, and Ganguly Brothers challenge law adopted by NY legislature just days after Supreme Court struck down numerous state restrictions on firearms

Rochester, NY—First Liberty Institute and the law firms Clement & Murphy PLLC and Ganguly Brothers PLLC filed a federal lawsuit against the state of New York challenging the state’s prohibition on firearms at houses of worship.  The suit was filed on behalf of His Tabernacle Family Church, a nondenominational Christian church in Horseheads, New York, founded by Pastor Micheal Spencer.

You can read the complaint here.

Erin Murphy, Partner at Clement & Murphy said, “No American should be forced to sacrifice one constitutionally protected freedom to enjoy another.  Houses of worship have a constitutionally protected freedom to decide for themselves whether to allow otherwise legally possessed firearms into their facilities.”

“Singling out houses of worship for total disarmament demonstrates hostility toward religion, leaves them defenseless to rebuff violent attacks, and defies at least two recent Supreme Court rulings against New York.  Religious leaders are no less qualified than secular business owners to determine whether to allow carrying a firearm for self-defense, and New York should end its defiant assault on First and Second Amendment freedoms,” added Jordan Pratt, Senior Counsel at First Liberty Institute.

In late 2020, the Supreme Court issued its opinion in Roman Catholic Diocese of Brooklyn v. Cuomo, chiding New York for singling out religious groups and restricting how they worship in violation of the First Amendment.  And in June 2022, the Court issued its opinion in New York State Rifle & Pistol Association v. Bruen, invalidating New York’s unprecedented effort to limit individuals’ ability to carry a firearm outside the home.  Just days later, New York enacted expansive new laws restricting the carrying of firearms outside the home, including a total ban on carrying in houses of worship.  New York now imposes criminal liability on any person who carries a firearm into a place of worship regardless of whether that person possesses a license to carry a firearm under New York law, and regardless of whether the religious community would prefer to authorize congregants to carry a firearm.  Secular business owners, by contrast, are allowed to choose for themselves whether to allow firearms on their premises.

“Those decisions,” the complaint states, “should have taught New York to proceed with extreme caution where First or Second Amendment rights are at stake going forward.  Instead, the state recently doubled down on its rights-denying tendencies—by infringing two fundamental liberties at the same time.  New York now puts houses of worship and religious adherents to an impossible choice:  forfeit your First Amendment right to religious worship or forfeit your Second Amendment right to bear arms for self-defense.”  The complaint adds, “New York’s attempt to force houses of worship and their parishioners to choose between their First Amendment rights and their Second—an outlier policy shared by no other state in the Nation—stands as an act of defiance to the Supreme Court’s recent and emphatic holdings protecting both.”

With States Hands-Off, Homeschooling Takes Off.

South Dakota epitomizes the rapid growth of homeschooling in America.  Guided by the principle that parents, not the government, have the right to determine what and how their kids are taught, homeschooling families have overturned existing rules and batted down attempts over the last decade to impose new ones in many states, including South Dakota. 

What’s left in much of the United States today is essentially an honor system in which parents are expected to do a good job without much input or oversight. The rollback of regulations, coupled with the  ill effects of remote learning during the pandemic, have boosted the number of families opting out of public schools in favor of educating their kids at home.  

Reflecting a national trend, the number of children homeschooled in South Dakota rose more than 20% in both of the last two school years. 
Homeschoolers in the Mount Rushmore state advocated for a new law that strips away key pieces of the state’s oversight and eases the way for parents leave public schools. Last year Senate Bill 177 ended the requirement that parents provide annual notice to a district of their intent to homeschool their child. More significantly, homeschool students no longer must take standardized tests, as public schoolers do, or face possible intervention by the school board if they fail.

“It was a big win for parental rights,” says Dan Beasley, then a staff attorney at the influential Home School Legal Defense Association (HSLDA), which helped craft and pass the legislation. “It cut out unnecessary regulation and streamlined the process so parents can invest their time in providing the best education they can for their children.” 

This freedom stands in contrast to outraged parents who feel powerless over how their  kids are taught in public schools. In high-pitched battles at school board meetings, some take aim at the easing of admissions standards, others at what they see as the promotion of critical race theory and transgender rights, and still others at segregated classrooms and the presence of police officers on campus. And almost everyone is concerned with the sharp decline in already low reading and math scores of students in nearly every state during the pandemic, according to the National Assessment of Educational Progress released in late October.  

For a growing number of parents, homeschooling is the answer to the institutional barriers to the education they believe in. Beyond requirements that homeschooling parents teach a few core subjects like math and English, they are free to pick the content. 

American history, for example, can be all about the glory of the Founding Fathers and the prosperity of free markets, or the oppression of Native Americans and people of color and the struggle for equality. For many homeschoolers, history is taught through a Christian lens, while others follow a standard public school curriculum. 

Home School Legal Defense Association
The regulatory burden on homeschooling, by state.
Home School Legal Defense Association

Parents’ Rights vs. State Control

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BLUF
In my view, professors Miller and Tucker are incorrect in theory, because the TLI has no utility in assessing the relative dangers of modern firearms in a nonmilitary context. On the other hand, if Miller and Tucker are theoretically correct that TLI extrapolation is a useful guide to the dangers of modern firearms, the TLIs for AR rifles or for 9mm handguns are similar to or less than the TLI of the classic American early 20th century rifle. Thus, there is no need for gun controls beyond those that existed around the turn of the twentieth century. As for Professor Cornell’s assertions that AR semiautomatic rifles are “50 times” or “200 times” more lethal than flintlock rifles, there was never any basis in fact.

The Theoretical Lethality Index is useful for military history but not for gun control policy
Professors Miller and Tucker miss the mark, while Saul Cornell disdains accuracy

An article by Duke law professor Darrell A.H. Miller and Wesleyan history professor Jennifer Tucker argues that gun control laws should vary based on the dangerousness of the firearm. They claim that danger is easy to assess by using the Theoretical Lethality Index (TLI), a metric developed in the early 1960s by military history analyst Trevor Dupuy. In this post, I explain why the TLI is useless as a guideline for the risks posed by different types of firearms in a nonmilitary context.

On the other hand, if TLI is valid in the civilian context, then the TLIs of modern firearms are not much different from those of a good rifle from the early 20th century. Thus, the level of gun control necessary from modern arms would not appear to be greater than the level of gun control in the early 20th century.

This post proceeds as follows:

  • Part I of the post briefly summarizes the Miller and Tucker article for the U.C. Davis Law Review.
  • Part II describes how gun control enthusiast Saul Cornell misused a blog post by Miller to fabricate preposterous claims about the lethality of AR rifles.
  • Part III examines the Theoretical Lethality Index in depth and explains why its military-oriented metrics do not provide useful information in a nonmilitary context about the relative dangerousness of different types of firearms.
  • Part IV calculates TLIs for the common modern firearms mentioned by Miller and Tucker: the 9mm handgun, and the semiautomatic AR rifle. (“AR” means “ArmaLite Rifle.” The rifle was invented by ArmaLite in the 1950s.)
  • Part V addresses Miller and Tucker’s claim that the American Founders were unfamiliar with dramatic technological changes in firearms — a claim that is refuted by Dupuy’s data.

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The demoncrap goal is to criminalize all political opposition

Hunting Coalition Seeks Injunction Against California Law Banning Free Speech

California – -(AmmoLand.com)- The Sportsmen’s Alliance, Congressional Sportsmen’s Foundation, and Safari Club International filed for a preliminary injunction today in their federal lawsuit against a newly passed California law to protect the free speech rights of shooting, hunting, and conservation organizations throughout the state.

The law, created by the passage of AB 2571, which purports to prohibit the “marketing” of firearms to minors, actually goes much further by banning free speech regarding the use of firearms while hunting, shooting or engaging in competitions that might be “attractive to minors.” It’s anyone’s guess what this means.

The Sportsmen’s Alliance was the first to alert sportsmen on AB 2571 early in the legislative session, citing the bill’s prohibition of communicating any youth firearm-related activities as the death-knell of recruitment efforts and hunter safety training statewide.

Because the law institutes a massive $25,000 per occurrence penalty, individuals and organizations responded by putting the brakes on communicating anything about youth shooting and education programs of all types.

“We’ve just implemented a major overhaul of our next magazine to comply with this draconian law, removing a number of stories about youth hunter recruitment, our high school Conservation Science curriculum and pulling all photos of kids hunting with firearms,” said Todd Adkins, vice president of government affairs for Sportsmen’s Alliance.

“And this is precisely what Gov. Newsom and supporters of AB 2571 want, to muzzle our free speech and gut our recruitment efforts, because their ultimate goal is to remove hunters from the landscape altogether.”

Although Newsom signed an amendment that was passed in the waning moments of the 2022 legislative session, the new language does little to protect free speech by hunting organizations like the Sportsmen’s Alliance which regularly publish on firearm-related issues. Many organizations with routine communication outlets like magazines, websites, social media platforms, and the like will simply cease to exercise their protected First Amendment rights because of the uncertainty created by the new law.

“The amendment Newsom signed is just a bunch of nice-sounding words that don’t fix the underlying gag order the law puts on organizations like ours,” continued Adkins. “It’s political eyewash to call this is a ‘fix’ when it’s really nothing more than a shiny object to show some groups who wanted a carve out.”

The Sportsmen’s Alliance legal challenge in federal district court continues, and the filing of the preliminary injunction necessary to stop enforcement of the law so that free speech related to youth hunter education, recruitment, and shooting programs can continue while the case is pending.

You can’t make this up, Delaware edition

Delaware sets dates for compensated confiscation of magazines

Earlier this year Delaware Gov. Jay Carney signed several new gun control bills into law, including a ban on so-called “large capacity” magazines. Not only are the sale of new magazines prohibited to most citizens, but most existing owners are required under the new law to either permanently modify them, remove them from the state, destroy them, or hand them over to police.

A few months ago the state announced that a series of “buybacks” would be held in conjunction with the new law taking effect, and this week we learned when and where Delaware gun owners can report to the compensated confiscation events.

Those handing over magazines with a capacity between 18 and 30 rounds can receive $15 per magazine, while those with a magazine capacity of more than 31-rounds are eligible for $25 compensation. The state police will also hand out $80 for every drum magazine that’s turned in, but in order to receive any money all participants must show the police a valid Delaware state ID card or driver’s license.

The Delaware State Sportsmen’s Association, with assistance from the NRA, is suing over the magazine ban in federal court, and DSSA president Jeff Hague says the ban is problematic on multiple levels.

“It’s not going to reduce the number of criminals using firearms in the commission of felonies,” Hague said. “It’s only going to affect law-abiding citizens because criminals aren’t going to turn in something that’s their livelihood to get money. Or if they do, they’re going to turn them in and get some money and then go buy another one.”

… Mitch Denham of the 23,000-member Facebook group Delaware Gun Rights is urging owners of 17-plus-round magazines to store them safely pending the outcome of the looming court challenge.

“When the lawsuits are over then maybe you can talk about what you think is right for you,’’ said Denham, who is exempted from the ban because he has a concealed carry permit.

The fact that concealed carry holders are exempted from the magazine ban doesn’t make any sense from a gun control perspective. After all, even those individuals can have their guns and magazines stolen, and if the goal is to remove these “accessories to war” from society, allowing concealed carry holders to maintain possession of their magazines and purchase additional magazines in the future is, if anything, only going to encourage more people to obtain their concealed carry license.

I think this law was written to pass political, not constitutional muster. In order to assure passage, sponsors attempted to water down the bill to make it palatable to more lawmakers; exempting concealed carry holders, setting the magazine limit at 17-rounds, and making a first violation a fine punishable by $100, for example. Those modifications haven’t mollified gun owners, and I’m curious to see what sort of historical precedents the state will cite to the courts in their attempt to uphold the law, because I’m certainly not aware of any longstanding laws like this at the time the Second or Fourteenth Amendments were ratified.

I’m even more curious to see what kind of turnout the police receive during their first compensated confiscation events, which are scheduled to take place on Wednesday, November 16th. Given that there’s a lawsuit challenging the constitutionality of the ban and a first offense only amounts to a fine, my guess is that the vast majority of Delaware gun owners are going to hang on to what they have and the state troopers running the “buyback” are going to get more rest and relaxation than “large capacity” magazines.

I seem to remember this thing called the 1st amendment…..

Lawmakers Call on Biden to Make it More Difficult for People to Download Gun Blueprints

Lawmakers in , led by Congressman Mike Thompson, penned a letter asking the  administration to hold manufacturers responsible for homemade ghost guns.

We obtained a copy of the letter for you here.

Currently, it is relatively easy to buy gun parts, or make them at home with a 3D printer, and create an untraceable firearm. Ghost guns allow people to circumvent the background check requirement to own a gun.

“It is far too easy for anyone to download from the internet the computer code to 3D-print unserialized, untraceable, plastic ‘ghost guns,’” the letter said. “These 3D-printed weapons circumvent our system of gun safety rules and regulations, and pose a serious threat to public safety and national security.”

The question of banning the distribution of blueprints for 3D printed guns has been debated over the years, with much speculation that banning the sharing of blueprints is a  violation.

“President Biden can undo the Trump-era rule that has made the instructions for the 3D-printing of untraceable and deadly ‘ghost’ guns widely available online,” said Senator Markey. “The online distribution of these ghost gun blueprints only increases the risk of these weapons proliferating and poses a serious threat to public safety and national security. President Biden should fulfil his campaign promise and reverse the Trump administration’s weakening of these gun safety regulations.”

“They’re making firearms and they’re shooting and they’re killing people,” Thompson said.

“If you are a danger to yourself or to others, if you’re dangerously mentally ill, if you’re a criminal, you should not be able to get your mitts on a gun,” he added.

CBS13 asked Thompson about gun advocacy groups pushing back against manufacturers being held liable yet they did not commit the actual crimes.

“I have one word for these groups and that’s, ‘tough.’ We need these rules,” he responded.

Thompson is urging the Biden administration to tighten federal enforcement on these guns because he does not believe that such legislation would pass through Congress.

“Well, I’d like to see congress have the intestinal fortitude to pass legislation that would prohibit this nonsense from taking place. But as you know, as long as they have this 60-vote rule in the Senate, we’re never going to get a bill like that passed,” said Thompson.

Thompson wants the President to direct the ATF and DOJ to pass stricter rules that would hold manufacturers liable for ghost guns.

 

Fourth Amendment Forbids Handcuffing Driver Just Because He Has Gun + Gun Permit
“Any contrary holding ‘would eviscerate Fourth Amendment protections for lawfully armed individuals’ by presuming a license expressly permitting possession of a firearm was invalid.”

From Friday’s decision in Soukaneh v. Andrzejewski, written by Judge Janet Bond Arterton (D. Conn.):

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It’s already obsolete as the McDonald and Bruen rulings made ‘judicial scrutiny’ out of bounds for a fundamental right, but it does enshrine RKBA in the Iowa Constitution.

Iowa sheriffs endorse gun rights constitutional amendment

DES MOINES, Iowa — Iowa sheriffs are speaking out in support of a proposed gun rights amendment to the Iowa Constitution. But not everyone thinks it’s appropriate for sheriffs to endorse political issues.

Iowans will vote on the so-called “Second Amendment” bill on Nov. 8.

“Whenever one of my constituents loses a freedom it’s my fault. It’s our job to speak out,” said Cedar County Sheriff Warren Wethington.

Wethington is one of six Iowa sheriffs officially endorsing what he calls the freedom amendment. It says, in part, “The right of the people to keep and bear arms shall not be infringed” and is basically creating an Iowa gun rights amendment similar to the second amendment in the federal constitution.

“It needs to be in the Iowa constitution, just simply for the fact that if you have your Second Aamendment rights violated, the way it is now, you have to wait until your time in a federal court. It can be dealt with in a state level now,” Wethington said.

Many Iowa sheriffs are also endorsing Brenna Bird for Iowa attorney general. And they appear in a new political advertisement for Bird, the Republican candidate running for Iowa attorney general against incumbent Tom Miller.

“Those 74 sheriffs, they want a new attorney general,” Bird said.

But Drake University political science professor Dennis Goldford wonders about the ethics of law enforcement endorsements.

“The difficulty is while people are entitled to their own opinion, when people have a certain authority over others, whether it’s law enforcement, employers, professors, teachers whatever, they’re in a position to make people subordinate to that authority is uncomfortable at best,” Goldford said.

But Wethington disagrees.

“When I ran for office and was elected I did give up my First Amendment rights, not only is it my right, to speak my mind, but it’s also my duty as an elected official who has a sworn oath to protect the constitution,” he said.

Only six Iowa sheriffs publicly endorsed the firearms amendment, but the Iowa Firearms Coalition says many more are also in support.

THE AYOOB FILE
READERS KNOW MASSAD AYOOB AS A WRITER, BUT HE’S ALSO A LEADER

American Handgunner and GUNS Magazine readers have known Massad Ayoob over the years for his insight and careful analysis of self-defense incidents, and for his several books on the subject, but there’s another side of this multi-talented fellow with the deep voice and New England accent.

He also serves as president of the Second Amendment Foundation, a gun rights organization that has become the national leader in firearms litigation. It’s also where I hang my hat as editor and communications director. It was a SAF case — McDonald v. City of Chicago — which won a Supreme Court ruling that incorporated the Second Amendment to the states via the 14th Amendment. It is SAF, sometimes with national and/or local partner organizations, which now has nearly 40 active lawsuits challenging restrictive gun control laws across the states.

And it is SAF, along with the Citizens Committee for the Right to Keep and Bear Arms, which annually sponsors the Gun Rights Policy Conference. This year, the event was in Dallas, Texas, and it was Ayoob — a pal of mine for decades — who delivered opening remarks and later on the agenda, some timely and important tips on how to win the “gun battle.”

Suffice to say, Ayoob did it with a style all his own; a bit of activist, some diplomat, a dash of cop humor and a heavy dose of reality.

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BARR: Hate Unconstitutional Gun Control? Make Friends With Your Sheriff

A number of sheriffs in upstate New York are declaring that their officers will not prioritize or “aggressively enforce” the state’s recently enacted, highly restrictive gun control law. These elected sheriffs have concluded quite correctly that the state’s new law is at odds with both the Constitution of the United States and with the most recent U.S. Supreme Court decision that declared New York’s previous and long-standing gun control law – the Sullivan Act – unconstitutional.

The sheriffs’ actions have rekindled a recurring debate about the powers of the more than three thousand local sheriffs serving in every state except Alaska and Connecticut.

The United States has had elected sheriffs long before there was a “United States of America,” with the first one taking office in Virginia in 1652. Police departments, on the other hand, are a relatively new phenomenon. The first municipal police department was not established until 1838 in Boston, Massachusetts.

Unlike most county sheriffs, who hold their positions under their state constitutions, police chiefs answer only to local office holders who appointed them, not to the voters. It is this distinction that has caused a number of sheriffs in “Blue States” to earn the ire of the Left.

Two factors have exacerbated this enmity in recent years – increasingly restrictive gun control measures and abusive COVID mandates by Blue State governors and legislatures. Sheriffs who decline to prioritize enforcing such laws find themselves increasingly maligned by the Left, notwithstanding the fact that they are carrying out their sworn duty to support the federal and state constitutions, and in accord with the wishes of the voters they represent.

Consider Los Angeles County Sheriff Alex Villanueva, who declared in 2021 that he would not force officers under his command to be vaccinated against COVID, as mandated by that county’s liberal Board of Supervisors.

Even more vexing to liberals, however, is the number of sheriffs who in recent years have refused to enforce what they consider unconstitutional infringements on the rights of citizens in their jurisdictions to exercise their Second Amendment rights in the face of Blue State gun control laws.

The Southern Poverty Law Center (SPLC) berates these sheriffs who follow the Constitution of the United States as “radicalized” officials who do not themselves understand the Constitution. The recently discredited SPLC simply cannot bring itself to accept that elected law enforcement officials should be permitted to resist such government overreach.

However, these “constitutional sheriffs” are not alone in their views. Since the Supreme Court’s seminal Bruen decision in June that tossed New York’s Sullivan Act, similarly restrictive laws in other states have fallen. Even more to the point, some of the very restrictions in the legislation signed by Gov. Kathy Hochul just days after the Supreme Court rendered its opinion, as part of her attempt to undercut the High Court’s directive, were blocked last week by a federal judge in New York City.

With state and federal courts seeming to agree with sheriffs who decline to vigorously enforce laws they view as inconsistent with their oath to uphold the Constitution of the United States, especially as related to Second Amendment rights of citizens in their jurisdictions, it is becoming increasingly difficult for their detractors on the Left to argue with a straight face that the sheriffs are the outliers.

Three years ago, the gun control group founded by former New York City Mayor Michael Bloomberg — “Everytown for Gun Safety” — published a paper highly critical of sheriffs who declined to prioritize the gun control measures the organization championed. The title of the piece was, When Sheriffs Refuse to Follow the Law.

It is, however, becoming increasingly clear to citizens across the country that it is liberal, anti-gun public officials like Hochul who are not following the law, and that it is constitutional sheriffs who are the ones following it.

California Crap-For-Brains in action.

City council to take up ordinance that may temporarily ban gun stores in Redwood City

REDWOOD CITY, Calif. – A vote from the city council tonight, may temporarily prohibit firearms retailers from moving into Redwood City. This comes after two gun stores inquired about opening there. The city wants time to research the matter, meanwhile concerned residents and a frustrated gun shop are already weighing in.

Located right near a school and library, Roosevelt plaza in Redwood City is known for being family-friendly, the kind of place kids stop for ice cream.  And so when a gun store applied to move in, some residents were up in arms.

“I was upset, concerned, a little shocked. And then I said, OK let’s figure out what this means,” said Redwood City resident Jane Buescher.

As it turns out, there are no specific regulations on this. When it comes to firearms retailers, Redwood City treats them like any other commercial business.

“I think most people were just surprised it was even allowed,” said resident Whitney Glockner Black.

And so a group of residents circulated a petition, gathering 1,500 signatures in five days. And Redwood City agreed to take up an urgency ordinance that could prohibit firearms retailers temporarily.

The owner of Roosevelt plaza is upset.

“What’s surprising is they do it after the fact. There was no problem before until somebody applied to have it in my shop,” said Maria Rutenburg, who manages the plaza.

The gun store, called Dumpling Defense, released a statement saying …”it’s even more frustrating to have the rug pulled from under us mid application, not to mention all the revenue and opportunities lost from the business perspective.”

And the fight is only just beginning.

“I was sucked into the controversy and did not know it was going to be such a big deal but at this point there are a lot of groups involved in this. Second Amendment is very dear to a lot of people. And a lot of public interest groups are approaching me wanting to make it a showcase,” said Rutenburg.

City officials said the ordinance would simply allow them time to conduct research on the topic.
They have no gun stores currently, but received interest from two since September.

Members of the community say at the very least, location has to be a consideration.

“They need to really take into account the community thought on all of this, and really balance the safety before treating it like any other retailer,” said Buescher.

Both sides expect a strong presence at the city council meeting. If approved this urgency ordinance would take effect immediately for 45 days but could later be extended for up to two years.

Civilian gun club sues Fort Devens for violating statutory, constitutional rights
Lawsuit alleges the Fort violated federal law granting access to military ranges.

Fort Devens Rifle & Pistol Club members engaging popup targets with rifles on Fort Devens’ Hotel Range. (Photo courtesy of the Fort Devens Rifle & Pistol Club).

A small civilian rifle club located just 50 miles northwest of Boston is suing nearby Fort Devens for violating federal law granting them access to military rifle ranges at reasonable rates, as well as violating their members’ constitutional rights to due process and equal protection under the law.

Ultimately, the club believes the Biden-Harris administration is responsible.

A little-known section of U.S. code requires the Army to make rifle and pistol ranges available for civilian use as long as it does not interfere with military training, and it prohibits officials from charging exorbitant fees for range access. Another federal statute requires the Army to provide logistical support to the Civilian Marksmanship Program. The Fort Devens Rifle & Pistol Club, Inc., is an affiliate of both the Civilian Marksmanship Program and the National Rifle Association.

For decades prior to the 2020 election, club members had been using a wide array of rifle and pistol ranges at Fort Devens free of charge. Club members supplied their own targets, ammunition, Range Safety Officers and other supplies. They even policed their own brass. Most of the members are veterans, so they are intimately familiar with range safety protocols and other best practices. To be clear, in terms of taxpayer dollars, the club cost the Fort very little.

[Click here to watch a video of the club members at Fort Devens’ ranges.]

Just days after the 2020 election, the club was notified in writing that they would have to start paying a minimum of $250 per range, and that the fees would increase based upon the total number of shooters.

“This did not start until three days after Biden got into office. We found that very interesting,” said Jim Gettens, treasurer of the Fort Devens Rifle & Pistol Club, Inc. “I don’t think they ever would have pulled this under President Trump’s administration. If we had contacted President Trump about this, I think it would have gone away ASAP.”

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