Category: Goobermint

Judge halts Maryland’s ban on carrying guns in places selling alcohol and near demonstrations

A federal judge on Friday blocked several restrictions Maryland lawmakers tried to impose on the ability to carry a firearm, while leaving other gun control measures in place.

Judge George L. Russell III, an Obama appointee, issued a preliminary injunction halting Maryland’s new restrictions banning the carrying of a gun in places selling alcohol, in private buildings or property without owner’s consent and within 1,000 feet of a public demonstration.

He reasoned there was no historical basis to leave those rules in place in light of the Second Amendment challenge brought by a group of plaintiffs and gun rights groups. It was filed against Maryland’s Gun Safety Act of 2023 that is set to take effect Sunday.

Judge Russell analyzed the restrictions following the Supreme Court’s ruling last year that upended New York’s license-to-carry measure, in which the state required people to show a proper need to carry a gun. The majority of the high court said any gun control measure must be consistent with the nation’s tradition and history back to its founding.

Using that precedent as a guide, Judge Russell upheld state bans against the carrying of a gun in museums, health care facilities, state parks, mass transit, school grounds, government buildings, casinos, racetracks, amusement parks and stadiums. He said there were traditions showing regulation of guns in those places.

Maryland lawmakers passed the law after the Supreme Court’s 2022 ruling in New York State Rifle & Pistol Association Inc. v. Bruen, which held tat carrying a pistol in public is a constitutional right. The high court’s decision has led to many gun control measures being upended across the country as lower courts try to find historical analogs when weighing a gun control measure against a Second Amendment challenge.

And SloJoe (more probably some staff member) says he’ll sign it? What’s going on here? Was all this merely some ploy to give him a way to make like he’s a friend of hunters?

SENATE JOINS HOUSE TO STOP BIDEN CUTS OF SCHOOL PROGRAMS

BELLEVUE, WA – Only hours after the Citizens Committee for the Right to Keep and Bear Arms blasted the Biden administration’s attempt to eliminate funding for school hunter education and archery programs, the U.S. Senate unanimously passed bipartisan legislation to prevent the cuts, and now the White House has confirmed President Biden will sign the Protecting Hunting Heritage and Education Act.

The bill passed the House 424-1 Tuesday. It was championed by members of both parties who recognized the administration had deliberately misinterpreted tenets of the 2022 Bipartisan Safer Communities Act to cut funding for hunter safety, archery and other student programs.

“Joe Biden may be incapable of reading the writing on the wall,” said a jubilant CCRKBA Chairman Alan Gottlieb, “but there is no question the House and Senate members who almost unanimously passed this legislation do not suffer from the same foggy vision.”

Gottlieb offered kudos to lawmakers who acted swiftly this week to “nip this nonsense in the bud.” He called the administration’s attempt to cut this important funding “one more example of the Biden administration’s extremist sentiments toward any program even remotely connected to activities that may involve the lawful use of firearms. Only one vote was cast against the House version of the bill, by a Texas Democrat.

“This overwhelming action on Capitol Hill sends a clear message to the Biden White House that the administration’s anti-gun fanaticism has crossed the line when it threatens school programs that teach genuine safety and valuable conservation to our children,” Gottlieb said. “CCRKBA is proud to have played a part in this clear victory of common sense over crass extremism.”

The Senate version was introduced earlier this month by Senators John Cornyn (R-Texas), Krysten Sinema (I-Arizona) and Thom Tillis (R-North Carolina). A separate measure had been introduced by Montana Democrat Jon Tester. Congressman Mark Green (R-Tennessee) introduced the House version last month.

 

COURT SUPERMAJORITY WILL CLARIFY ITS CONSTITUTIONAL REVOLUTION

The first Monday in October, the traditional date for the beginning of the U.S. Supreme Court’s term, is almost here: On Oct. 2, 2023, the court will meet after the summer recess, with the biggest case of the term focused on the limits of individual gun rights.

The other core issue for the coming year is a broad reassessment of the power of the administrative state.

Both issues reflect a court that has announced revolutionary changes in doctrine and must now grapple with how far the new principles will reach.

Two years ago, the court began what many consider to be a constitutional revolution.

The new supermajority of six conservative justices rapidly introduced new doctrines across a range of controversies including abortion, guns, religion and race.

When the court announces a new principle – for example, a limit on the powers of a specific part of government – citizens and lawyers are not sure of the full ramifications of the new rule. How far will it go? What other areas of law will come under the same umbrella?

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Whamm, Zwap, Bam! Lawsuits Already Filed Over California’s Newest Gun Control Laws
GOA, GOF join Gun Owners of California in suit challenging California’s brand new anti-concealed carry law

Senate Bill 2 by Senator Anthony Portantino’s (D–Burbank), which is California’sresponse bill to New York Rifle and Pistol Association v. Bruen, was signed into law Tuesday. SB 2 enacts numerous “sensitive locations” where guns are banned, and changes requirements to obtain a concealed carry license. SB 2 was also sponsored by Gov. Gavin Newsom and Attorney General Rob Bonta, and simply put illegally imposes restrictions on those seeking a California Concealed Carry Weapons (CCW) permit.

Notably, Newsom, Bonta and Portantino know they are imposing restrictions to those applying for CCWs, when virtually no crimes are committed by CCW holders, who are required to pass background checks by County Sheriffs, and take gun safety courses.

Remarkably, CCW permit holders don’t commit mass shootings, they stop them. We’ve never had a comment or even a reaction from Gov. Newsom, AG Bonta or Sen. Portantino on this fact. Instead they obsess on legal gun owners, seeking ways to limit Second Amendment protections.

Gun Owners of America and the Gun Owners Foundation just announced:

Gun Owners of America (GOA) and the Gun Owners Foundation (GOF) teamed up with Gun Owners of California (GOC) to promptly serve California AG Rob Bonta in a lawsuit challenging portions of SB 2, a bill that anti-gun Governor Gavin Newsom signed into law Tuesday. This unconstitutional legislation was passed in response to the Bruen decision (which ended the state’s draconian “may-issue” policy), and among other provisions would:

    • Enact highly restrictive “sensitive locations” where concealed carrying would be prohibited, including all private property unless expressly permitted by the owner;
    • Require 16 hours of training;
    • And significantly increase the costs associated with securing a permit.

This suit specifically goes after the “sensitive locations” provision of the law.

So that is strike one.

This is strike two.

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Will Gov. Newsom ever realize California’s gun laws must follow the Second Amendment?

By The Editorial Board | opinion@scng.com |
How many times will it take for Gov. Gavin Newsom, Attorney General Rob Bonta and others to realize California’s gun laws must follow the Second Amendment to the Constitution of the United States of America?

On Sept. 22, their attempt to limit rifle and pistol magazines to 10 bullets again was shot down by Judge Roger Benitez of the Southern District of the U.S. District Court, part of the Ninth Circuit. The ban derived from Proposition 63 in 2016.

The case is Miller v. Bonta. On June 5, 2021 Benitez originally ruled the ban unconstitutional. Sixteen days later a three-judge panel of the Ninth Circuit stayed the ruling, leaving the law in place. Matters changed after the U.S. Supreme Court strongly affirmed Second Amendment protections in its June 23, 2022 decision, NYSRPA v. Bruen. The top court also ordered the Miller case heard again by Benitez.

In his new Miller case decision, Benitez held, “Based on the text, history, and tradition of the Second Amendment, this law is clearly unconstitutional … There is no American tradition of limiting ammunition capacity and the 10-round limit has no historical pedigree and it is arbitrary and capricious. It is extreme.”

He noted there is no federal ban on such magazines. And state bans are not uniform and “arbitrary.”

He cited several cases of self-defense where small magazines were inadequate in fighting off criminals. In Kentucky, an intruder came in blasting at a family. One daughter was killed and the father wounded three times as he returned fire with 11 rounds from one gun and eight from a second, failing to hit the assailant, who later was arrested.

Benitez also noted 81 million Americans own up to 456 million firearms. And that criminals don’t follow gun laws.

Benitez performed a “masterful job at the molecular level” of picking apart “every argument put forth by the state of California” and other states to limit the Second Amendment, Sam Paredes told us; he’s the executive director of Gun Owners of California, which filed an amicus brief in the case.

Bonta, who we endorsed for re-election last year, filed an appeal. He said, “We will continue to fight for our authority to keep Californians safe from weapon enhancements designed to cause mass casualties.” Newsom said, “It’s time to wake up. Unless we enshrine a Right to Safety in the Constitution, we are at the mercy of ideologues like Judge Benitez.”

That was a reference to Newsom’s proposed 28th Amendment that, among other things, would ban so-called “assault weapons,” which really are just cosmetically mean-looking rifles.

Ironically, that’s a tacit admission the restrictions he favors currently are unconstitutional.

Earlier this month Democratic Gov. Michelle Lujan Grisham of New Mexico tried banning open carry of legal guns. She was rebuffed in court and even by such liberal Democrats as Rep. Ted Lieu of Los Angeles, who reminded her, ““No state in the union can suspend the federal Constitution. There is no such thing as a state public health emergency exception to the U.S. Constitution.”

Gun rights are here to stay. Newsom and Bonta need to end their assaults on Californians’ right to defend themselves.

Abolish Gun-Free Zones

We need to get rid of gun-free zones. Yes, this particular issue has been quite contentious over the past few years, especially amid a rash of active shooter situations. But despite what proponents of gun-free zones will tell you, the numbers are in, and they show that prohibiting guns in certain areas is about as effective at protecting people as putting out a California wildfire with an eyedropper.

Data coming from the Crime Prevention Research Center (CPRC) have highlighted stark discrepancies in how the FBI reports incidents involving active shooters. The report, compiled by John Lott, CPRC’s president, shows that allowing responsible people to carry firearms in more places does far more to keep them safe than keeping them from being armed in these areas.

I wrote about Lott’s report previously:

In a conversation with the Washington Times, Lott pointed out that the Federal Bureau of Investigation has downplayed the percentage of shootings that end with a “good guy with a gun” using their firearm to save lives. The FBI has long held that only 4.4 percent of active shooting incidents are stopped by civilians using guns. However, Lott suggested the percentage is much higher: 34.4 percent.

The report delved further into how the FBI’s numbers have skewed the data:
The report also notes that in 2021, “the FBI listed 61 active-shooter incidents, with perhaps four that were stopped by armed citizens.” But Lott says he found 112 incidents, 55 of which were ended by an armed citizen using a firearm.

From 2014 to 2021, the FBI counted 252 active-shooter incidents and says 11 were ended by an armed citizen, which is where they get the 4.4 percent figure. On the other hand, Lott’s research counted 360 incidents, 124 of which were stopped by an armed citizen, which amounts to 34.4 percent.

“In 2021, the data he has the most confidence in, he says it was 49.1% of the time,” according to the Washington Times. “And looking only at incidents in places where carrying weapons isn’t heavily restricted, the rate is closer to 60%.”

So, there is a lot in that last paragraph, isn’t there? For starters, the FBI is clearly downplaying the number of incidents in which an armed civilian uses their firearm to stop active and mass shootings. This is similar to how the Centers for Disease Control and Prevention (CDC)  removed data displaying the frequency of defensive gun uses at the behest of anti-gunner groups. The government is deeply invested in making sure the public never finds out that gun owners are far more likely to use their guns to defend life and property than they are to victimize other people.

But the data related to the number of active shootings that are stopped by armed civilians is just as noteworthy, especially considering the fact that this is more likely to happen in places where guns are allowed than in gun-free zones. In fact, about 94 percent of active shootings occur in gun-free zones. Go figure.

In light of this, why the hell would anyone advocate for gun-free zones? Not only does the data show that they do not protect people, but common sense will also tell you that having decent people who are armed makes it less likely that an active shooter might be able to massacre a crowd of people. After all, when was the last time a sign saying “gun-free zone” stopped a violent criminal from carrying their firearm in a particular area? The very idea that this will help keep people safe is absurd.

The data shows the wisdom of allowing armed civilians to play a more active role in public safety. Indeed, the police are typically unable to show up in time to save lives when a mass shooting starts. All too often, they arrive too late to save lives. Yet, the people already on the scene are the best equipped to save lives if they are armed. Therefore, it clearly makes no sense to uphold gun-free zones. If we really want to protect life, we have to let responsible Americans carry firearms in as many places as possible.

‘Tent Cities’ out in the field? Sounds like how we lived during FTX (Field Training eXercises) in the Army. (and it’s strange that so many of these loner illegals are what we called ‘Military Age Males’.)

Are National Parks the Next Destination for Illegal Immigrant Tent Cities?

As the endless illegal immigration crisis continues with upwards of 11,000 people crossing into the United States each day, Democrats are proposing National Parks as places to build tent cities and “temporary” housing for individuals breaking the law.

The plans were detailed during a House Natural Resources Committee hearing Wednesday.

During an interview with Fox News, Republican Congressman Michael Waltz pointed out the Biden administration’s policy discrepencies when it comes to how public lands can be used.

Meanwhile, a bipartisan lawsuit has been filed to prevent housing of illegal immigrants in New York parks and recreational areas.

“Today Congresswoman Nicole Malliotakis (NY-11) announced she’s joined Councilwoman Joann Ariola (R-Queens), Assemblywoman Jaime Williams (D-Brooklyn) and a bipartisan group of elected officials in filing a lawsuit to block New York City from using Brooklyn’s Floyd Bennett Field or any other park that’s part of the Gateway National Recreation Area (which includes all of Staten Island’s federal parks) to house migrants,” Malliotakis’ office released in a statement. “The lawsuit was filed in Staten Island Supreme Court along with eleven other members of the City Council and State Assembly and 24 Brooklyn, Queens and Staten Island residents.”

CRPA, SAF, GOA and Others Jointly File Federal Lawsuit Challenging California’s Carry Restriction Law.

Multiple gun owner’s rights advocacy groups and individuals have joined together and filed a Second Amendment challenge to Senate Bill (SB2) in the United States District Court. The lawsuit is known as May v. Bonta and you can see the filings so far here. We are already in contact with the state’s lawyers, are working out a briefing schedule, and have a tentative hearing date on a motion for preliminary injunction on December 4, 2023.

SB2 designates much of the state as a “sensitive place” and thereby eliminates those places where law-abiding gun owners who have qualified for and been issued a permit to carry a firearm by law enforcement can carry their approved firearms. So, SB2 effectively makes a permit useless. SB2 also makes it much more time-consuming and costly to obtain a concealed carry permit.

SB2 is a vindictive legislative response designed to get around the Supreme Court’s historic Bruen decision from 2022. Bruen held that a permit to carry a firearm in public to defend yourself and your family is a right, not a privilege. As a result, California and other states that previously limited access to these permits had to start issuing them, and the number of permit holders in California has greatly increased.

The Bruen decision also clarifies that governments cannot limit the usefulness of these permits by over-designating places as “sensitive,” where carrying a firearm, even with a permit, would be prohibited. Governor Newsom and the anti-gun-owner legislators who voted for this law are trying to do exactly that. They know this bill will only affect lawful gun owners because they are the only ones who pass the qualification process to get a permit.

SB2 does nothing to stop gun violence by criminals. And in fact, data from several states demonstrates that Americans with concealed carry permits commit crimes at extraordinarily low rates, as the lawsuit explains. Recently, a Hawaii district court relied in part on this same data, which was presented to it by some of the same associations now challenging SB2, to conclude that Hawaii’s similar law could be enjoined.

Designating so many places as gun-free zones is a retaliatory tactic coordinated by well-financed national gun control advocacy that is being used in states hostile to gun ownership to make the right to defend yourself in public useless. California follows in the footsteps of Hawaii, New York, New Jersey, Maryland, and Hawaii.

Federal courts in those other jurisdictions have already enjoined laws like SB2. These rulings include, but are not limited to: Antonyuk v. Hochul, No. 1:22-CV-0986 (GTS/CFH), 2022 U.S. Dist. LEXIS 201944 (N.D.N.Y. Nov. 7, 2022); Koons v. Platkin, No. CV 22-7463 (RMB/AMD), 2023 WL 3478604 (D.N.J. May 16, 2023); and Wolford v. Lopez, No. CV 23-00265 LEK-WRP, 2023 WL 5043805, at *1 (D. Haw. Aug. 8, 2023).

It is an open secret in the hallways of the Capital that Newsom hopes to pass so many gun control laws that Second Amendment advocacy groups cannot keep up. But those groups have responded by forming an unprecedented strategic partnership and coordinating their efforts to fight back.

We now have a strong coalition of gun rights groups fighting against these laws. And when we win, the state will be forced to pay our legal bill.

Pro-Second Amendment groups joining in a lawsuit against Newsom and SB2 are well known in the state, and many have been fighting against unconstitutional gun bans for decades. The coalition includes the California Rifle & Pistol Association, Gun Owners of California, Gun Owners of America, Gun Owners Foundation, and Second Amendment Foundation.

Each organization brings resources, members, donors, and expertise to this challenge. Newsom has unlimited tax dollars to battle for his unconstitutional laws in court and thinks that he can bankrupt us. But we have millions of gun owners who donate to support these challenges. When our elected officials refuse to uphold the law of the land and our Constitution, we are proud to hold that line for the people of California.”

The crown jewel of Newsom’s anti-Second Amendment campaign is his ploy to get a 28th Amendment passed that would gut the Second Amendment, including a ban on semi-automatic firearms. But 38 states would have to agree to that amendment, and 24 states have already filed amicus briefs in courts that urged those courts to strike down laws banning semi-automatic firearms commonly possessed by tens of millions of law-abiding gun owners. So, his constitutional amendment gambit, which insiders already recognize is a ploy to raise money and give him a platform to run his shadow campaign for president, is dead on arrival.

Of, course. This is just another avenue of standard D.C, goobermint grifting

Biden Creates New Office to Funnel Taxpayer Funds to Gun Control Advocacy

Professional gun control advocates have always had a seat at the table in the Biden White House. Now, however, they will not only sit at the table but determine its menu, set it, and compile the guest list for it. This comes under a new initiative launched by Joe Biden last Friday to establish an Office of Gun Violence Prevention, to be overseen by none other than Kamala Harris. But while the effort is supposedly being run by the White House “to reduce gun violence,” its real purpose is to employ professional gun control advocates and amplify their propaganda and agenda with taxpayer dollars.

There are different ways to look at this effort.

One is to dismiss it as a publicity stunt and a way to appease the always demanding, never satisfied gun control lobby, which is a key constituency of the Biden-Harris Administration. After all, the new office has no congressional authorization, no dedicated congressional appropriation, no policy-making or enforcement authority, and no clearly defined reason for being, other than a vague mandate to “coordinate” the administration’s efforts on guns.

The appointment of Harris as its nominal head is perhaps telling, as she has a dismal favorability rating (including with Democrats), a reputation for speaking incoherently, and precious little success in shepherding consequential legislation through Congress. Even the administration’s collaborators in the press can’t seem to settle on a consistent narrative about her, sometimes portraying her as a liability to the Biden ticket and the party and sometimes trying to rehabilitate her image. Harris’ “oversite” portfolio also includes “stemming the migration on the southern border,” where the situation has only gotten worse from national sovereignty, human rights, and law enforcement standpoints. Besides unchecked illegal immigration that strains infrastructure and social services (leading even the Democrat mayor of New York City to characterize is as an existential crisis for the city), America’s porous border promotes smuggling of contraband and persons, often with deadly consequences. If there is a more disliked and ineffectual politician in D.C. than Kamala Harris, it’s hard to imagine who it is.

But it would be foolish to dismiss the fact that the office’s creation represents a new milestone in an ever-expanding gun control infrastructure that encompasses the legacy media, academia, the digital technology sector, and significant portions of institutional medicine and the entertainment industry. Meanwhile, the executive branch itself is increasingly being weaponized against gun owners and the gun industry in the form of persecutory rulemakings and enforcement policies. Having a dedicated office of fulltime zealots to interface with this infrastructure could indeed go a long way toward provoking the generational change in hearts and minds necessary to disrupt long-established freedoms, traditions, and legal regimes. The U.S. is currently undergoing its own Cultural Revolution, of sorts, and our Second Amendment rights are not immune to its effects. The newly-created office, if competently administered, could help nudge that process along.

But what is clear is that Biden is determined to use the White House’s own (apparently vast) budget to employ professional gun control advocates at the public’s expense. Previously, the most blatant and egregious example of this was its nomination of a “senior policy advisor” and paid shill for the gun control lobby to head the Bureau of Alcohol, Tobacco, Firearms and Explosives, which enforces federal firearm laws. The effort to nominate David Chipman to that role fortunately went down in flames, thanks to your NRA’s all-out opposition.

But the deputy directors of the new office include Robert Wilcox, who will also serve as special assistant to the president. Wilcox previously worked as the senior director of federal government affairs at Everytown for Gun Safety. There, his salary was underwritten by billionaire anti-gunner Michael Bloomberg. In his new role, however, it will be paid with YOUR federal taxes. Wilcox as an anti-gun lobbyist pushed such radical policies as banning America’s most popular rifle, the AR-15; banning private firearm transfers; holding law-abiding firearm dealers accountable for the acts of criminals; and limiting the capacity of magazines used in self-defense firearms. Wilcox is not just another policy wonk or expert bureaucrat whose job is to serve the public at large. He is an activist dedicated to the destruction of Americans’ Second Amendment rights. And now money coming out of YOUR pocket will fund his life’s work.

Chipman’s appointment was subject to Senate approval. Wilcox’s is not. But it is just as clearly a thumb in the eye to hardworking Americans who are struggling to get by in Joe Biden’s economy and who believe in the Right to Keep and Bear Arms.

What can best be hoped for Biden’s new antigun office is what can often best be hoped for other unnecessary and politically-charged appendages to the federal bureaucracy: that it spend money while doing and accomplishing nothing. Your NRA will be monitoring its operations carefully and will report on any noteworthy developments.

Newsom signs bills forcing gun owners to pay “sin tax” and curbing the right to carry

California Gov. Gavin Newsom signed three new gun control measures into law on Tuesday afternoon in a ceremony full of lies, mistruths, and hostility towards both gun owners and the right to keep and bear arms.

 

Attorney General Rob Bonta took a break from getting his rear end handed to him by federal judges who’ve recently ruled against several of the state’s gun laws (including its ban on “large capacity” magazines, microstamping and other “safety” requirements, and a law punishing those who create marketing materials that could appeal to minors) to kick off the press conference with the telling statement that you “can’t be tough on crime if you’re not tough on guns”.

Of course, it’s gun owners, not guns that these bills are cracking down on. Bonta claimed that the right to carry increases violent crime by 29%, even though violent crime rates have plunged across the country for the past 30 years even as a majority of states have adopted first shall-issue and now permitless carry laws.

State Senator Anthony Portantino made it clear that California gun owners are the real target of these bills when he said the state legislature is defining what it means to be “law abiding” through SB 2; the Bruen response bill that imposes a wide variety of “gun-free zones” as well as new criteria for obtaining a carry license.

“If you can’t get three character references to say you’re an upstanding citizen, you shouldn’t have a gun,” Portantino told reporters while gun control activists nodded in agreement.

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This tech has been around for decades. It was – and likely still is – used by the Fed goobermint as well as our military to track down terrorists using networking and targeting techniques that several ‘3 letter’ agencies developed. The method described at the beginning of the article is the way goobermints get around 4th amendment restrictions on searches. Unfortunately, the courts have let this slide as they’re goobermint too and don’t like the idea the mice can play without the cat being able to tell where who and where they are.

Just the Facts on ‘Geofencing,’ the Intrusive, App-Based ‘Dragnet’ That Sgt. Joe Friday Never Dreamed Of.

As worshippers gathered at the Calvary Chapel in 2020, they were being watched from above.  

YouTube
Carson Atherly, Cavalry Chapel cleric: He got a notice of violation “every Sunday.”
YouTube

Satellites were locking in on cell phones owned by members of the nondenominational Protestant church in San Jose, Calif. Their location eventually worked its way to a private company, which then sold the information to the government of Santa Clara County. This data, along with observations from enforcement officers on the ground, was used to levy heavy fines against the church for violating COVID-19 restrictions regarding public gatherings.       

“Every Sunday,” Calvary’s assistant pastor, Carson Atherly, would later testify, the officers “would serve me a notice of violation during or after church service.”

Calvary is suing the county for its use of location data, a controversial tool increasingly deployed by governments at all levels – notably in relation to the U.S. Capitol riot on Jan. 6, 2021. While enabling law enforcement to more easily identify potential offenders, the practice, called “geofencing,” has also emerged as a cutting-edge privacy issue, raising constitutional issues involving warrantless searches and, with Calvary Chapel, religious liberty.

Google Maps
Don’t “geofence” them in, say worshippers in Silicon Valley. This map is from nearby Mountain View-based Google, recently penalized over its location tech.
Google Maps

“We are in the space between the emergence of this technological practice and courts having ruled on its constitutionality,” said Alex Marthews, national chair for Restore the 4th, a nonprofit organization dedicated to the protection of the Fourth Amendment, which protects Americans’ rights against “unreasonable search and seizure.”

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Judge Benitez destroys the 2.2 rounds per DGU lie once and for all

Over two years ago, I read through some court filings in Duncan v. Bonta, the lawsuit against California’s “large capacity” magazine ban. I was left scratching my head at a claim from the State of California in support of their magazine ban, that the average Defensive Gun Use (DGU) incident involves discharging only 2.2 rounds. The more I looked into it, the more obvious it became that this was unsubstantiated.

Since then, Duncan v. Bonta made a trip to the Supreme Court, got GVR’d after NYSRPA v. Bruen, and sent back down the judicial hierarchy to the US District Court for the Southern District of California. The district court published its decision last Friday, in which Judge Roger Benitez completely took apart the 2.2 rounds per DGU canard (PDF pages 26-33):

C. The Invention of the 2.2 Shot Average

…the State’s statistic is suspect. California relies entirely on the opinion of its statistician for the hypothesis that defenders fire an average of only 2.2 shots in cases of confrontation.

Where does the 2.2 shot average originate? There is no national or state government data report on shots fired in self-defense events. There is no public government database. One would expect to see investigatory police reports as the most likely source to accurately capture data on shots fired or number of shell casings found, although not every use of a gun in self-defense is reported to the police. As between the two sides, while in the better position to collect and produce such reports, the State’s Attorney General has not provided a single police report to the Court or to his own expert. 

Without investigatory reports, the State’s expert turns to anecdotal statements, often from bystanders, reported in news media, and selectively studied. She indicates she conducted two studies. Based on these two studies of newspaper stories, she opines that it is statistically rare for a person to fire more than 10 rounds in self-defense and that only 2.2 shots are fired on average. Unfortunately, her opinion lacks classic indicia of reliability and her two studies cannot be reproduced and are not peer-reviewed.

“Reliability and validity are two aspects of accuracy in measurement. In statistics, reliability refers to reproducibility of results.” Her studies cannot be tested because she has not disclosed her data. Her studies have not been replicated. In fact, the formula used to select 200 news stories for the Factiva study is incomprehensible. […]

For one study, Allen says she conducted a search of stories published in the NRA Institute for Legislative Action magazine (known as the Armed Citizen Database) between 2011 and 2017. There is no explanation for the choice to use 2011 for the beginning. After all, the collection of news stories goes back to 1958. Elsewhere in her declaration she studies mass shooting events but for that chooses a much longer time period reaching back to 1982. Likewise, there is no explanation for not updating the study after 2017.

[…] details are completely absent. Allen does not list the 736 stories. Nor does she reveal how she assigned the number of shots fired in self-defense when the news accounts use phrases like “the intruder was shot” but no number of shots was reported, or “there was an exchange of gunfire,” or “multiple rounds were fired.” She includes in her 2.2 average of defensive shots fired, incidents where no shots were fired. […] She does not reveal the imputed number substitute value that she used where the exact number of shots fired was not specified, so her result cannot be reproduced. […] For example, this Court randomly selected two pages from Allen’s mass shooting table: pages 10 and 14. From looking at these two pages (assuming that the sources for the reports were accurate and unbiased) the Court is able to make statistical observations, including the observation that the number of shots fired were unknown 69.04% of the time.

The foundation of the claim was not real data but “anecdata,” which don’t cover nearly as many incidents as actual police reports do. (Not every incident is reported, so even police data is incomplete.)

Second, the sampled news reports were randomly selected. It isn’t clear if there were any process safeguards to prevent cherry picking, and there is no transparency about the included incidents.

Third, the selected timeframes look arbitrary.

Fourth, as Judge Benitez points out, including zero-shot incidents will obviously bring the average down, so it’s questionable.

The most devastating critique is that the expert assigned an arbitrary number of shots fired when news stories didn’t include that crucial detail.

The Court is aware of its obligation to act as a gatekeeper to keep out junk science where it does not meet the reliability standard of Daubert v. Merrell Dow Pharmaceuticals, Inc. […] while questionable expert testimony was admitted, it has now been weighed in light of all of the evidence.

Using interest-balancing, the en banc 9th Circuit shamelessly rubber-stamped California’s infringement using this pathetic junk science. It’s gratifying to see interest-balancing tossed into the garbage alongside this junk science under the new Bruen standard.

Well, he’s bizarre, so……

Biden’s comments on gun violence truly bizarre

After nearly three years in office, there are a lot of things I’ve come to expect out of the Biden administration. Coherent comments by the president aren’t among them.

Yet in announcing his new Office of Gun Violence Prevention, Biden had to open up and discuss so-called gun violence more broadly. He couldn’t just announce the office and leave it there, he had to explain to the press–the same guys who wanted this for years, mind you–why it was supposedly needed.

In discussing “gun violence,” however, Biden was his typical self, saying things that raised more than a few eyebrows.

On Friday, while touting his strict gun control laws, Biden continued his trend of lying when he claimed he has been to “every mass shooting.”

Biden furthered his support for restricting the Second Amendment, saying, “If you need 80 shots in a magazine, you shouldn’t own a gun.”

Yeah, buddy. That happened.

First, no, Biden hasn’t been to every mass shooting. Especially if you consider the definition of mass shooting that his party tends to prefer, which is the Gun Violence Archive definition that is just based on the number of people shot, not killed.

This definition inflates the number of mass shootings into a huge number, one that would make it impossible for Biden to visit every mass shooting.

Further, Biden offered no real qualifiers on those mass shootings, so even if we use the more traditional definitions that are based on the number of people killed, it’s unlikely he visited every mass shooting that ever happened in the US, much less the planet as a whole.

Because while people like Biden tend to pretend that mass shootings are uniquely American, they happen everywhere.

Then we get to the whole “if you need 80 shots in a magazine, you shouldn’t have a gun.”

First, there aren’t any 80-round magazines out there, though I suspect a company like Palmetto State Armory might be cooking up one right about now.

Yet even if there were, so what?

There is nothing in our Second Amendment that seems to support such a supposition. If we need X number of rounds, we shouldn’t have a firearm? Why is that? Under what criteria would we be allowed to have a gun? Is the limit 79 rounds? Five rounds? What exactly?

Now, generally speaking, people haven’t needed that many rounds for any lawful situation they might find themselves in. Many defensive gun uses take place with zero rounds being fired.

But many others take a lot more than some might think.

The truth is that no one who has survived a gunfight has ever said, “Gee, I wish I’d had less ammo.”

See, the problem with Biden’s myopic comment–and this is me trying to be charitable here–is that it doesn’t account for individual circumstances. There’s a difference between some guy pulling a gun on a mugger and someone who has angered an organized mob that wants their head.

Further, let’s remember that the Second Amendment isn’t about hunting or even muggers, specifically. Yes, the Tyranny of the Thug is a thing, but the amendment was essentially penned as an insurance policy on the rest of our rights. It was meant as a bulwark against tyranny as a whole.

Our Founding Fathers had just fought a war that started when the tyrannical government marched on a town to seize arms from them. It’s really unlikely that they intended to make it easier for a tyrannical leader to do the same again.

So no, there are no exceptions to the Second Amendment, no matter how many rounds you need in a magazine.

But since Biden clearly has never read the Second Amendment and definitely dismissed the Bruen decision, we’ve clearly got a long fight on our hands.

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Is This the Most Pathetic Defense of Joe Biden’s Impeachable Offenses?

The Democrats and the mainstream media have been tirelessly claiming that there is “no evidence” of wrongdoing by Joe Biden to justify an impeachment inquiry—a blatant denial of the fact that the House Oversight Committee has the receipts, including eyewitness testimony and financial records.

The White House is clearly concerned and instructed the already compliant mainstream media to attack the impeachment inquiry—as if they needed the marching orders in the first place. So far, every attempt by the media to claim the inquiry is based on “no evidence” has resulted in humiliation. Even a CNN fact check was unable to deny the key facts House Speaker McCarthy cited as justifying the inquiry.

Representative James Clyburn (D-S.C.), who is widely credited with saving Biden’s 2020 presidential campaign, didn’t even try to deny the existence of evidence during his appearance on “Meet the Press” on Sunday, and simply argued that—are you ready for this?— Republicans want to impeach Joe Biden  for “being a father to his son.”

“Let me ask you about the impeachment inquiry that is going to unfold this week on Capitol Hill. I know you and your Democrats have called this pure politics,” said host Kristen Welker. “But big picture, they’re trying to see if there’s any link between Hunter Biden and the president and his business dealings. Are you comfortable with a family member profiting off their last name in this town?”

“You know, we all, to some extent, live so that our children can be proud of the name that we’ve given them. I have three daughters, and I want them to feel very comfortable being a Clyburn,” he said, clearly avoiding answering the question. “I do know that that is very, very important for going forward, but that doesn’t mean they want them to do things that are unseemly to the name. I do want them to use the name to their benefit.”

“Yet, President Biden, according to one witness testimony, was on the phone 20 times with Hunter Biden’s business associates and described as pleasantries, but is that appropriate?” she asked.

“I think it’s appropriate to be a father to your son, and if your son is having a problem, and we all know the history of the problem that Hunter has with addiction, and he is being a father to his son,” Clyburn claimed. “You don’t impeach a man for being a father to his children.”

Ahh, so that’s it. Joe Biden wasn’t using his position to help Hunter sell influence, he was being a father to his crackhead son. I can’t help but notice that Clyburn didn’t even try to claim that there is no evidence to justify the impeachment inquiry; he merely sought to downplay Joe Biden’s role by claiming he was doing what a father does—and, at the same time, effectively admitting that Joe Biden was, in fact, knowingly helping Hunter with his business, because, what are fathers for, right?

But does being a father to his son mean using his position as vice [resident of the United States to get millions of dollars funneled to his family and laundering that money via twenty different shell companies? Does being a father to his son mean using a $1 billion loan to Ukraine as leverage to get a prosecutor investigating Burisma fired because Hunter was getting $1 million a year sitting on their board?

That’s not being a father to his son; it’s being a corrupt politician.

Multiple polls have shown Americans are already convinced there was Biden family corruption. An Economist/YouGov poll found that 72% of American adults believe Hunter Biden profited off his father’s position, including 53% of Democrats and 72% of Independents. Another poll from I&I/TIPP found that 56% of U.S. voters say that it is “likely” that Biden took bribes, while only 27% say it was “unlikely.”

 

More of that quality New York gun control

New York has tripped over itself as a state to pass as much gun control as it can lately. After the Bruen decision gutted the requirement for people to show cause to carry a firearm, they’ve done what they could to make it untenable to do so.

But this isn’t new. The NY SAFE Act, for example, was a serious infringement on people’s Second Amendment rights and one that, in time, will likely be overturned.

Yet it’s the law here and now for people in the state. Law-abiding citizens don’t get to own things like the same AR-15s most of us can head to the store and buy right now.

It seems alleged criminals have no problems getting them, though.

On September 20th, 2023, Humboldt County Drug Task Force Agents, and Officers with the Fortuna Police Department (FoPD) served a multi-location search warrant at a residence located in the 1000 block of Ivy Lane, Fortuna, a residence located in the 1000 block of Shamrock Drive in Fortuna, and on the persons of Aaron Allen ROBERTSON (Age 30) and Heather Danielle SPECHT (Age 29). After a multi-week investigation, the HCDTF believed ROBERTSON and SPECHT were in possession of large quantities of cocaine and multiple firearms for the purpose of sales.…

After ROBERTSON and SPECHT were detained, Agents searched their vehicle and located approximately 8 grams of cocaine, a digital scale, and packaging materials.

Agents continued on to search the residence that ROBERTSON and SPECHT were observed to be exiting. Agents located a large safe in the garage. After gaining access to the safe, Agents located four firearms including a functional 9mm “Uzi” sub-machinegun. Agents also located a box containing multiple plastic baggies, including one large vacuum sealed bag that had been opened. All of the packaging was covered in cocaine residue and accompanied by large bowls and mixing utensils.

Agents responded to the additional property on Ivy Lane that was also under the control of ROBERTSON and SPECHT. Agents searched the Ivy Lane residence and located five additional firearms and ammunition.…

Upon arrival at the residence on Smith Lane, Agents located CERVANTES-CUELLAR, Johnathan Charles ROBERTS (age 26), and Taylor Franklyn MILLER (age 25) inside of the residence. All three subjects were detained without incident.

During a search of the residence Agents located 25 firearms including several assault weapons. Agents also located hundreds of rounds of ammunition, several high-capacity magazines, multiple vests equipped with body armor, packaging materials, and a digital scale with cocaine residue.

I mean, take a look at these guns for a second:

I’m sorry, but that’s kind of impressive when you consider how much of it is outright illegal in the state of New York. Gun control is clearly working out really well there, isn’t it?

Now, don’t get me wrong, I think absolutely none of this should be illegal. Yes, I include the actual submachine gun in this, too. The problem is that most lawmakers in the state disagree. They like gun control. They want more gun control.

Yet they don’t seem to grasp that the people who represent a problem, like these suspected drug dealers, aren’t inclined to follow gun laws any more than they’re inclined to obey drug laws.

“But if other states-” Just stop with that crap. You’re embarrassing yourself.

That’s a freaking Uzi and it was described by law enforcement as a functional submachine gun. Please name the state where you can just walk into a store, buy one of those, and walk out. You can’t because no such state exists. These are among the most tightly controlled firearms at the federal level and these alleged drug dealers managed to get their hands on one.

If they could get an Uzi, do you think they’d be unable to get anything else?

I mean, the apparently got their hands on at least some cocaine and that’s even more illegal than most of these guns.

The truth of the matter is that criminals aren’t inhibited by laws. If they’re inclined to break serious laws like dealing drugs then there’s no reason to believe they’ll be beholden to gun laws. New York keeps thinking otherwise, but this story and one earlier this week show just how stupid lawmakers are to believe such a thing.

BLUF
A “massive campaign . . . to de-develop the United States.”
“De-develop the United States.” Ponder that. Mr. Holdren lamented that the idea of de-development was subject to “considerable misunderstanding and resistance.” I for one am happy about the resistance. Indeed, I wish it were stiffer. But as for misunderstanding what “de-development” means, I have to take issue. We know exactly what it means. It is the same thing that Luddites and anti-capitalists have always meant: the impoverishment and immiseration of the mass of mankind just so long as the perquisites for the self-appointed nomenklatura persist un-disturbed.

We Know Exactly What ‘De-Development’ Means: ‘Climate change’ offers potent pretext for consolidation of governmental power.

“The climate crisis,” said Al Gore at the U.N. a couple of days ago, “is a fossil fuel crisis.”

“What climate crisis?” you might be asking, and you would be right to do so. Yes, it is impossible to turn anywhere in our enlightened, environmentally conscious world without being beset by lectures about one’s “carbon footprint” and horror tales about “global warming,” “rising seas” and imminent ecological catastrophe.

But deep down you know that it is all hooey. Mark Twain was right when he observed that it is not so much the things we don’t know that get us into trouble. Rather, the mischief is caused by things that we “do know that ain’t so.”

For example, we all “know” that carbon dioxide is “bad for the environment.” (In fact, it is a prerequisite for life). We “know” that the level of carbon dioxide in the atmosphere is reaching historically unprecedented and dangerous levels. (In fact, we have, these past centuries, been living through a CO2 famine). We “know” that “global warming”— or, since there has been no warming in more than two decades, that “climate change”— has caused a sudden rise in the seas. (In fact, the seas have been rising for the last 20,000 years, since the end of the last Ice Age). We “know” that, when it comes to the subject of climate change, the “science is settled,” that “97 percent of scientists” agree that global warming is anthropogenic, which is Greek for “caused by greedy corporate interests and the combustion of fossil fuels.”

It’s really quite extraordinary how much we do know that ain’t so.

Continue reading “”

This is the fully left wing Washington Post. If their propaganda is this bad for SloJoe, his real numbers must be truly aweful. Best bet is that they’re slowly pounding nails in his political coffin.