Category: Goobermint

Massachusetts grapples with fallout from landmark Supreme Court gun ruling

A landmark 2022 Supreme Court ruling involving a New York gun law has begun to undermine Massachusetts’ gun laws, with a Boston Municipal Court judge recently ordering the Police Department to provide a concealed carry license to a man it had deemed a public safety risk.

At issue is the Supreme Court’s 6-3 ruling in what is known as the Bruen case, which cited the Second Amendment to overturn a New York law that required applicants for licenses to carry concealed handguns to show proper cause for why they needed one.

The ruling prohibited states from requiring gun owners to have a “good reason” to carry, unraveling gun regulations in Massachusetts, New York, and four other states with so called may-issue laws that gave local authorities sweeping discretion over who receives licenses.

Boston Municipal Court Judge Richard Sinnott cited the ruling in August in ordering Police Commissioner Michael Cox to grant a concealed carry license for East Boston resident Jordan Lebedevitch, who wrote in his application that he hoped to work in the firearms industry and needed to carry a gun for his job at a security company. Earlier this month, Cox sued in Suffolk Superior Court to overturn Sinnott’s decision. That lawsuit is still pending.

Police had found Lebedevitch unsuitable, a legal determination fordenying the license, citing a 2023 police report from his then-wife claiming he threatened to kill himself during an argument. State law gives gun licensing authority to local police leaders.

Lebedevitch disputed the threat of suicide in a letter to the department, writing that the situation had been a “misunderstanding.” He filed a legal petition in Municipal Court, which landed before Sinnott. The judge initially ruled in favor of the Police Department but reversed his decision the next day, ordering the department to issue the license, according to court filings.

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Has J. Edgar Hoover’s Spy Program Been Resurrected?
The Bureau Apparently Now Targets MAGA Activists

Although the legacy media has buried the story, it turns out that over the last several years the Federal Bureau of Investigation has resurrected a hated and unconstitutional spying program once directed by the late FBI Director J. Edgar Hoover. His program, called the COINTELPRO program, targeted Americans who committed no crime, but simply sought to express their political views.

Former President Richard Nixon directed Hoover to aggressively infiltrate and disrupt many political movements in the late ‘60’s and ‘70’s. This included the Vietnam War activists, the Rev. Martin Luther King and other civil rights leaders. They even spied on environmentalists, women’s rights groups and animal rights activists.

According to an exclusive Newsweek expose that was published three weeks ago, it now appears the ghosts of Richard Nixon and J. Edgar Hoover were resurrected by the Biden administration with a new expanded government spying and infiltration program based on political views. The FBI apparently redefined extremism to include those whom the administration determined hold unacceptable political views.

We now learn that during the Biden administration, the Bureau changed its domestic violence definitions from the “furtherance of ideological agendas” to “furtherance of political and/or social agendas.” They report that it was a “gigantic departure for the Bureau.”

As Newsweek explained, “For the first time extremist groups worthy of surveillance and even infiltration could be so labeled because of their politics.” The FBI’s main target: Trump MAGA activists.

A review by its investigative reporters of previously unpublished FBI documents shows, “nearly two-thirds of the FBI’s current investigations are focused on Trump supporters and others suspected of violating what the FBI calls “anti-riot” laws.”

Although I’m not a MAGA activist, I personally abhor any government spying program against its citizens. In fact, I was a plaintiff in a 1970’s leftwing legal lawsuit against the COINTELPRO program. The United States Supreme Court ruled in the case, called Hobson vs. Wilson, that the federal government’s political surveillance program was unconstitutional.

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More Support For Challenges To New Massachusetts Gun Law.

We’ve reported recently how Massachusetts’ sweeping new anti-gun law, launched early by an emergency preamble attached to it by Gov. Maura Healey, is facing a lot of pushback from pro-freedom groups.

Not only have two lawsuits already been filed to challenge the law in court, but an initiative petition to get a question on the 2026 state ballot to repeal the law already has more than the 90,000 signatures needed to put the matter to the vote.

Just two weeks after the measure was signed into law the National Shooting Sports Foundation (NSSF) ponied up $100,000 to help fund the court challenge by the Gun Owners’ Action League (GOAL). Now, according to a report at masslive.com, others within the firearms industry are joining the efforts to repeal the law or have it declared unconstitutional in court.

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NYC’s Gun-Detecting Subway Scanners Produced Dozens of False Positives, But Found Zero Guns

When embattled New York Mayor Eric Adams announced the trial rollout of gun-detecting machines at about 20 subway stations across the five boroughs earlier this year, he said he was impressed by the results of previous tests and predicted the use of the machines would soon become “the norm” across the subway system.As it turns out, the machines have been a bust. As ABC News reports, the machines failed to detect a single gun, but they did produce dozens of false positives.

Through nearly 3,000 searches, the scanners turned up more than 118 false positives as well as 12 knives, police said, though they declined to say whether the positive hits referred to illegal blades or tools, such as pocket knives, that are allowed in the transit system.

Mayor Eric Adams, a Democrat and tech enthusiast, announced plans to pilot the portable scanners, manufactured by Evolv, at a handful of subway stations this past summer in an effort to deter violence within the subway system.

The announcement drew skepticism from some riders and civil liberties groups, who argued it was neither feasible nor constitutional to scan millions of riders who enter the subway system through hundreds of entrances each day. Violent crime is rare in the system, though the announcement came on the back of two high-profile shooting incidents.

After Adams promised for months to make the results of the test public, the New York Police Department released a four-sentence statement Wednesday night noting it had performed 2,749 scans at 20 stations during the 30-day period. In total, there were 118 false positives — a rate of 4.29%.

It’s entirely possible that none of the nearly 3,000 riders who were subject to a scan were carrying a gun. In fact, given that the subway system is supposed to be a “gun-free zone”, and lawful concealed carry holders are still few and far between in the Big Apple more than two years after the Bruen decision, I’d say that’s actually a likely scenario.

But even if Evolv can detect guns that are being carried (an open question, to be sure), it also produces a significant number of false positives. Adams said earlier this year that he wants the Evolv machines to be used at every subway station, and for every rider. According to the Metropolitan Transit Authority, which oversees the subway system, there are about 3.6 million riders on weekdays. A 4.29% false positive rate would equate to more than 150,000 false positives every day. That’s utterly insane, and completely unworkable.

The bigger issue, of course, is that New York City’s public transportation shouldn’t be “gun-free zones” to begin with. It’s the primary way millions of New Yorkers navigate the city during the course of their daily routine, and preventing lawful concealed carry on buses and trains means countless residents are unable to lawfully exercise their right to bear arms, even if they have a valid carry permit.

Now that NYC’s subway scanners have proved to a bust, it’s the perfect time for the city to revisit its designation of public transit as a “sensitive place”. I know that won’t happen, but if criminals are still bringing weapons onto trains and buses, the growing number of legally armed citizens should at least be able to do the same without fear of a felony charge and several years in prison.

Here’s Why GOP Lawmakers Aren’t Surprised by That Treasonous Leak to Iran

Republican lawmakers who have been warning about an Iranian influence campaign, specifically targeted at Democrats on Capitol Hill and Democratic presidential administrations, aren’t surprised about the latest top secret intelligence leak out of the Pentagon. The leak, which was exposed over the weekend, shows someone with a top secret security clearance gave Iran U.S. intelligence about Israel’s attack plans inside the country.

More on the influence campaign from Semafor:

In the spring of 2014, senior Iranian Foreign Ministry officials initiated a quiet effort to bolster Tehran’s image and positions on global security issues — particularly its nuclear program — by building ties with a network of influential overseas academics and researchers. They called it the Iran Experts Initiative.

The scope and scale of the IEI project has emerged in a large cache of Iranian government correspondence and emails reported for the first time by Semafor and Iran International. The officials, working under the moderate President Hassan Rouhani, congratulated themselves on the impact of the initiative.

At least two of the people on the Foreign Ministry’s list were, or became, top aides to Robert Malley, the Biden administration’s special envoy on Iran, who was placed on leave this June following the suspension of his security clearance. A third was hired by the think tank Malley ran just as he left for the State Department.

An investigation into who leaked the information is being conducted by the FBI, but the pace is unsatisfactory.

“There’s an absolute lack of urgency. This is very, very serious. It doesn’t get more serious than this, particularly, as I said, when Israel is fighting for its very existence and conducting important operations every single day. The fact that this classified information was leaked not only does it really hurt our credibility with our allies around the world in terms of intelligence sharing, but it also, I’m concerned about the lack of urgency from this Administration,” Republican Congresswoman Elise Stefanik said during an interview with Fox News Monday. “This should never happen again. There needs to be taken immediate criminal action, referrals to the Department of Justice, and this person who broke the law by leaking classified information, they should be in prison.”

There is a suspect, however.

After Sinwar

After Israel announced the IDF’s elimination of Sinwar in Rafah yesterday, Vice President Harris made a congratulatory statement (White House transcript here, video clip below). This statement should fill a normal person with disgust.

The news of Sinwar’s death serves as an indictment of the judgment of President Biden’s and Vice President Harris’s disparagement of Israel’s conduct of the war on Hamas. To take the pertinent example of Biden administration harassment, they spent months warning Israel against an invasion of Rafah. Biden said going into Rafah was a “red line” for him while Harris warned there would be “consequences” because she “studied the maps.” See NRO’s editorial comment in This Week (behind the NRO paywall). Biden’s statement yesterday included the usual ceasefire blather (White House transcript here).

The comment below makes the closely related point. It’s not enough that these people are idiots. They are also frauds.

 

In the immediate aftermath of Sinwar’s death, the Biden crew claimed to have assisted Israel with the intelligence that facilitated it. See National Security Advisor Jake Sullivan’s comments here. Putting to one side the obstacles Biden and Harris have erected to Israel’s operation in Rafah, Michael Doran summarizes how it went down in the X post below.

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Haviv Rettig Gur is an excellent Israeli reporter. He comment on Sinwar’s death in the X post below.

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New Mexico governor won’t renew ban on carrying firearms in public

New Mexico Gov. Michelle Lujan Grisham said she will not renew a public health order that temporarily banned carrying firearms in public parks and playgrounds in Albuquerque, the state’s largest city.

The temporary order, which went into effect in September 2023, was intended to slow gun violence in the metro area, but high-ranking state officials, gun advocates and members of her own Democratic Party widely viewed it as a violation of the Second Amendment right to bear arms.

The order drew lawsuits from national gun rights and advocacy groups, which forced her to narrow its scope from applying to public places throughout Bernalillo County to applying to parks and playgrounds in Albuquerque.

Lujan Grisham said in a news release Wednesday that more than 1,700 firearms were collected in gun buybacks over the past year because of the order. She also said it had reduced the number of gunfire incidents in the area, but she did not cite any numbers.

Lujan Grisham, who was unavailable for comment Thursday, said in the news release, “The public health order, though temporary, allowed us to implement urgent and necessary measures that have had a measurable, positive effect on public safety in our state.”

State Senate Republican leader Greg Baca said Thursday that he did not support the order.

“From the onset, the governor’s action was unconstitutional and an easy distraction to keep from curbing the crime epidemic gripping our state,” Baca said in a statement. “Unfortunately, the feckless shell of the original order stood for over a year.”

The National Association for Gun Rights filed a lawsuit against the action last year; it was dismissed after Lujan Grisham scaled back and modified her policy.

“This is a win for gun owners,” said Dudley Brown, the association’s president. “This is a quiet way to admit her plan didn’t work.”

Bernalillo County Sheriff John Allen, a Democrat who decided not to enforce the ban because he believed it was unconstitutional, could not be reached for comment Thursday.

Allen said last year: “This order will not do anything to curb gun violence other than punish law-abiding citizens from their constitutional right to self-defense. It’s unconstitutional. So there’s no way we could enforce that order.”

Lujan Grisham issued the temporary order, originally a 30-day ban, in September 2023 after an 11-year-old boy was shot and killed in an Albuquerque park.

In addition to restricting firearms in public parks and playgrounds in Bernalillo County, it strengthened oversight of firearm sales and implemented wastewater testing for fentanyl in public schools.

State Attorney General Raúl Torrez, a Democrat, wrote in a letter last year that he opposed Lujan Grisham’s decision.

“Simply put, I do not believe that the Emergency Order will have any meaningful impact on public safety but, more importantly, I do not believe it passes constitutional muster,” he wrote

Shades of Commie East Germany and its STASI
The “monkey wrench” is for lots of tips on the demoncraps.

Michigan And Hawaii Launch Tip Lines To Encourage Anonymous Snitching On Gun Owners

Michigan and Hawaii, both Democrat-led states, have launched taxpayer-funded tip lines for individuals looking to report perceived firearms violations anonymously. While these dumpster fire states claim the lines are aimed at lawbreakers, Second Amendment groups are reasonably skeptical, as they should be, because such a system can easily be abused. Let’s face it, we know that the weaponization of this service against law-abiding gun owners is exactly what they are intended for.

On Thursday, October 10, Hawaii’s Democrat Governor Josh Green announced the state’s Department of Law Enforcement had established a confidential “Gun Tip Line for people to make anonymous reports of illegal gun ownership and gun crimes,” where tipsters can either call, text or drop a dime via the DLE’s website or a downloadable app where they can submit photographs and videos to back up their report.

The governor’s office went even further during the brown shirt recruiting exercise saying, “People reporting tips are encouraged to leave detailed information including the names of those in possession of illegal guns or committing gun crimes, a location where those people may be found and a description of the guns.” Sure, what could go wrong when hiring unpaid, untrained, overzealous, anti-Second Amendment sycophants typically knowing very little about firearms to play the role of a detective, spying on and recording their neighbors?

Meanwhile, Gretchen “Lockdown” Whitmer, known for hosting the most oppressive COVID lockdowns in America while still having more deaths per capita than any neighboring Midwestern states, signed House Bill 5503, a measure passed off as an education funding bill that allocates $1 million in School Aid Funding to support an anonymous tip line for students to report firearms thought to be “improperly stored.”

The bill goes on to mandate that Michigan’s Department of Education develop materials concerning improper storage of firearms, including tip line usage, and distribute those materials to school districts across the state. The Gestapo may not pay you for your work, but you will receive free training, whether you want it or not.

As the NRA-ILA points out, language regarding the tip line was added to the bill as an amendment that was then swiftly passed by the Democrat-controlled legislature.

“The expedited pace and the silencing of opposition when the bill came up for a floor vote underscores the reality that this was a political move and another attack on gun owners,” says the NRA.

These tiplines will ultimately create a situation that will lead to wasted resources, unwarranted confrontations with law enforcement and what could amount to unconstitutional searches of homes, businesses and other private property based on vendettas and other nefarious agendas. Not only does this negatively impact the community’s relationship with authorities, but those who abuse the tip lines will undoubtedly drive wedges within communities as well, drawing lines at a time when we need to be working together to strengthen and solidify those connections.

Our utility company (city owned and operated) has already changed out all meters to ‘smart’ ones that can show usage of whatever commodity down to the hour. I suspect in home devices are next on the agenda, but as our utilities are very locally controlled, I think if such shenanigans are attempted, the populace will have a definite say about it.

BLUF
Environmentalists don’t believe there is such a thing as clean or green energy either. Their goal is to reduce energy usage by replacing reliable energy systems with unreliable ones, and inexpensive ones with expensive ones, as a way of ‘Cloward-Pivening’ the energy grid to force energy rationing and the eventual reduction of the human population

The Government is Coming for Your Thermostat

It’s the middle of a summer heat wave and temperatures are rising. Suddenly your air conditioning turns off. It’s not a blackout or a brownout: it’s the new government plan.

Mass government subsidies for inefficient and expensive ‘green energy’ wind turbines and solar panels combined with bans on efficient and cheap oil, coal and gas, have made energy grids unreliable and costly. States that have aimed for widespread use of green energy like California and Texas are suffering blackouts and brownouts at growing rates.

Instead of building reliable energy resources, federal and state governments, along with monopolistic energy companies, are making up for green energy with energy rationing.

Or ‘smart rationing’.

Virtual power plants were a green energy buzzword that promised to harness local battery capacity to distribute energy to the grid, but the diminishing promise of solar panels and the power hunger of electric cars has poured cold water on the idea that the ‘green’ battery devices and useless solar panels will ever reliably give more to the grid than they take from it.

Virtual power plants, like all things virtual, have come to mean power that isn’t really there. Instead virtual power plants have become another euphemism for rationing power.

Unable to get meaningful savings from so-called battery ‘distributed energy resources’, virtual power plants now mean using smart thermostats to seize control over homeowner power usage with bureaucrats or AI software deciding how much power people should be using and turning off their heat or air conditioning. Government agencies and monopolistic utilities insist on calling this ‘efficiency’ rather than what it actually is which is rationing customer power usage.

State utilities have taken to bribing consumers with discounts on skyrocket energy rates and ‘free’ smart thermostats like Google Nest in order to induce them to turn over control of their thermostats. Once they give up control, they may be allowed only limited manual overrides a month to be able to turn on the heat or air in even the most miserable weather.

Families facing summer heat and winter cold find that they’re not just wrestling with each other for control of the thermostat but with their utility company, its software and the government mandates that are out to force them to use less energy even as energy prices climb higher.

A recent Department of Energy report revealed the ambitious scope of the ‘virtual power plant’ strategy while emphasizing the rationing aspect of ‘smart thermostats’ and ‘smart water heaters’ which “can be controlled remotely” in ways that are “typically imperceptible to the owner.”

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Florida officials who banned guns prior to hurricane may soon pay for their ‘error’
Okeechobee city council, police chief, face fines of $5,000 each.

The five-member Okeechobee, Florida city council and Police Chief Donald Hagan may each be forced to pay $5,000 personally — without using taxpayer dollars — for violating Florida’s powerful preemption statute, which only allows the state legislature to regulate firearms.

As previously reported, the city adopted an illegal ordinance shortly before Hurricane Helene made landfall, which banned the sale of guns and ammunition and prohibited firearm possession in public by anyone other than law enforcement or members of the military.

After learning of the civil rights violation, Florida Carry, Inc. sent a demand letter titled Written Notice of Preemption Violation and Offer of Settlement, to the city council and Chief Hagan, warning the recipients they have violated Florida’s preemption statute.

The letter, which was written by Florida Carry, Inc. General Counsel Eric J. Friday, spelled out that the pro-gun group has sufficient standing to bring a lawsuit if the ordinance is not repealed within 30 days, and demanded the payment of $30,000 in damages and attorneys’ fees to “resolve this matter prior to initiation of litigation.”

Okeechobee City Attorney John J. Fumero, in a response sent Wednesday, claimed that the city’s Second Amendment violation was merely an “inadvertent mistake in using an outdated emergency ordinance form that, legally and factually, did not apply to the circumstances at hand regarding Hurricane Helene.”

Besides. Fumero wrote, no one ever enforced the illegal ordinance.

“At no time did the City, or the Police Chief, contemplate, nor take any action, to prohibit, confiscate or otherwise regulate firearms or ammunition in any fashion or manner. This was never the intention of the City. This was never implemented by the City. Moreover, to ensure this never happens again, the City has developed and implemented a new emergency ordinance form and process,” the city attorney wrote.

Fumero’s boss, Okeechobee Mayor Dowling R. Watford, Jr. and police spokesman Detective Jarret Romanello, gave numerous interviews to local media claiming city officials were reviewing the entire incident to determine how the “mistake” occurred. Romanello also claimed he looked forward to “providing more answers as soon as the review is complete.”

In his response, Fumero also balked at Florida Carry’s monetary demand.

“We see no legal, factual or public policy basis for your organization demanding payment of taxpayer dollars to satisfy your assertion of ‘damages and attorneys’ fees. The City is a rural small town that fundamentally believes in gun rights and the Second Amendment. From any standpoint, for Florida Carry, Inc. to take legal action against the City, under the circumstances described herein, is patently inappropriate and unjustified,” he wrote.

In an email reply to Fumero, Friday advised the city attorney to re-read Florida statute Sec. 790.33, which does not require actual enforcement of a preemption violation, since enactment itself is enough to prove liability.

“Inadvertence and ignorance of the law by government is no more of an excuse for violating civil rights than when a citizen ‘inadvertently’ violates the law and is arrested and prosecuted,” Friday wrote.

“I will begin drafting my Complaint seeking relief, including personal fines against the city officials under whose jurisdiction this knowing and willful enactment occurred.

You may want to inform the relevant officials that they are not allowed to use tax dollars to defend themselves from such liability, and that any fine assessed will be personally payable by them, to alleviate your concerns about tax dollars.”

Opening Arguments Begin in ‘Ghost Gun’ Challenge

While so-called ghost guns get a lot of hype in the media, the reality is that they account for only a tiny fraction of those firearms used in illegal acts. However, because they’ve grown in supposed popularity–probably because of media hysterics cluing bad guys in that these are a thing–they’re the worst thing ever.

When the Biden administration took steps to try to regulate these firearms, the usual suspects in the media and anti-gun activism celebrated it.

However, such a decree was never going to go unchallenged. Today, opening arguments begin in that case. (Arguments begin at 11:00 AM Eastern; you can watch them here.)

Among those party to the challenge is the Second Amendment Foundation, which sent a press release about today’s opening statements.

On Tuesday, Oct. 8, the U.S. Supreme Court will hear oral arguments in Second Amendment Foundation’s (SAF) challenge to ATF’s regulation expanding what constitutes a “firearm.”

Arguments will begin at 11 a.m. EST and will be broadcast live here.

SAF is joined in the case by Defense Distributed and Not an LLC (doing business as JSD Supply). SAF and its partners are represented by attorneys Charles R. Flores and Josh Blackman of Houston, and SAF Executive Director Adam Kraut.

In April 2022, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) published its Final Rule amending the regulatory definition of the term “firearm” to encompass precursor parts that, with enough additional manufacturing operations, would become functional firearms frames and receivers, but in their current state were non-functional objects.

In seeking to regulate these “non-firearm objects” the ATF’s Final Rule directly contradicted Congress’ definition of “firearm” set forth in the Gun Control Act of 1968. The ATF’s re-definition of “firearm” in the Final Rule establishes a practical ban on the private manufacture of firearms – a constitutionally protected tradition.

In December 2022, SAF filed to intervene in an existing lawsuit in the Northern District of Texas known as VanDerStok v. Garland. The case challenges the lawfulness of ATF’s regulatory re-definition of a “firearm” under the Administrative Procedures Act. SAF scored a major victory in the Fifth Circuit Court of Appeals, which vacated significant portions of the Rule. The Biden Department of Justice now seeks to resurrect the rule before the Supreme Court.

For more information about the case, visit saf.org. To listen to the arguments live, click here or follow SAF’s X page for live updates.

The key takeaway is that the argument will be that the ATF exceeded it’s regulatory authority by trying to redefine what is and isn’t a firearm. This is what the ATF did with bump stocks when they opted to redefine them as machine guns. The Supreme Court ruled they had no such authority, so it’s unlikely this will be any different.

That’s bad news for the anti-gun side because the reason Biden went the executive order route and had the ATF act unilaterally was because there wasn’t a snowball’s chance in Hades that Congress was going to pass any bill trying to accomplish what the ATF tried.

Yet that’s not a valid reason to try and go around Congress like this and redefine things differently than Congress did.

Had there never been a law that specifically defined a firearm, they might could have gotten away with it. One could argue that the lack of definition would put the onus for defining what is and isn’t a gun on the ATF. The problem is that they did define it. The ATF has to work within that definition, not make up their own because they really don’t like that people do things they don’t approve of.

The Vanderstock case is likely to be another smackdown of the ATF’s overreach, much like what we saw in Cargill.