Category: Goobermint

Victor Davis Hanson

A 50th Anniversary War?

Why did Hamas stage a long-planned, carefully executed and multifaceted attack on Israeli towns, soldiers, and civilians—one designed to instill terror by executing noncombatants, taking hostages, and desecrating the bodies of the dead?

And how were the killers able to enter Israeli proper in enough numbers to kill what could be hundreds and perhaps eventually wound what could be thousands?

a) Ostensibly, radical Palestinians wanted to stop any rumored rapprochement between the Gulf monarchies—the traditional source of much of their cash—and Israel, by forcing the issue of Arab solidarity in times of “war”, especially through waging a gruesome attack aimed at civilians and encompassing executions and hostage taking. Iran likely was the driving force to prompt the war—given its greatest fear is a Sunni Arab-Israeli rapprochement.

b) Arab forces have had only success against Israel through surprise attacks during Israeli holidays, as in the Yom Kippur War (i.e., was it any accident that the present attack began 50-years almost to the day after the October 6, 1973 beginning of the Yom Kippur War?). And so they struck again this Saturday during Simchat Torah, coming at the end of a weeklong Jewish celebration of Sukkot—in hopes that others will join in as happened in 1973. (So much for the Arab warnings not for Westerners to conduct war during Ramadan).

c) Hamas may have reckoned that recent Israeli turmoil and mass leftist street protests over proposed reforms of the Israeli Supreme Court had led to permanent internal divisions and thus a climate of domestic distraction if not an erosion of deterrence.

But, more importantly, in a larger sense the Biden administration has contributed both to the notion that Hamas was a legitimate Middle East player, and to the perception that the U.S. was backing away from its traditional support for Israel—to the delight of Hamas—based on the following inexplicable policies:

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Judge Issues Injunction Blocking MD’s Unconstitutional Carry Restrictions

After the United States Supreme Court ruled that the Second Amendment protects the right of law abiding citizens to carry a firearm in public, a Maryland court found it was “self-evident” that Maryland’s carry permitting regime was also unconstitutional. Maryland then followed New York and New Jersey in overhauling their carry laws by effectively declaring the entire state to be a so-called “sensitive place” through the passage of S.B. 1.

And, just like in New York and New Jersey, NRA filed suit as the ink from Governor Moore’s signature was drying on bill.

On September 29th, in a 40-page opinion, a federal judge enjoined three portions of S.B. 1, from taking effect.

The biggest win was stopping the “private building consent rule,” which declares all private property that is open to the public to be a prohibited place—unless the property owner expressly allows individuals to enter the premises with a firearm.

These private building consent restrictions were cooked up by anti-Second Amendment advocates to effectively nullify the Bruen decision. They are the heart of the states’ response to Bruen. And courts are having nothing to do with them. Today’s ruling was the fourth on enjoining these private consent rules from taking effect.

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Biden Administration Deletes Post Calling On Israelis Not to Respond to Hamas Assault.

Here is the post before it was deleted:

 

GOV. NEWSOM SENDS GUN CONTROL RUBBER STAMP TO U.S. SENATE

California Gov. Gavin Newsom is ensuring that his gun control agenda is in safe hands with the appointment of Laphonza Butler to serve in the U.S. Senate following the passing of U.S. Sen. Dianne Feinstein (D-Calif.). Sen. Butler was sworn in this week, a Democrat who until the announcement was residing in Silver Springs, Md., and has spoken little on gun control issues. However, her progressive track record and history of working for liberal causes assures that she will pick up the gun control mantle.

Sen. Feinstein was the longest-serving female senator at the time of her death on Sept. 29. She was also the matriarch of the Senate’s gun control agenda. She helped author the 1994 Assault Weapons Ban that was signed into law by President Bill Clinton. That law lasted 10 years and was not reauthorized in 2004. Since then, Sen. Feinstein introduced legislation in every Congress to revive the ban on America’s most-popular selling centerfire rifle. In fact, if she had it her way, gun control would have gone much further.

Sen. Feinstein told 60 Minutes in a 1995 interview, “If I could have gotten 51 votes in the Senate of the United States for an outright ban picking up every one of them, Mr. and Mrs. America, turn them all in,” she said. “I would have done it. I could not do that. The votes weren’t here.”

Sen. Bulter’s selection to fill the remainder of Sen. Feinstein’s term promises that not much will change. Sen. Butler is deeply tied to gun control politicians and causes that will surely seek to expand efforts to deprive law-abiding Americans of their Second Amendment rights.

Who is Laphonza Butler?

Gov. Newsom heaped praise on Sen. Butler for shattering glass ceilings in the Senate. He noted that she is the first openly LGBTQ person to represent California in the Senate, first Black lesbian to openly serve in Congress and third Black woman to represent California in the Senate following Vice President Kamala Harris.

He also noted that Butler will pick up where Sen. Feinstein left off with gun control.

“As we mourn the enormous loss of Senator Feinstein, the very freedoms she fought for — reproductive freedom, equal protection, and safety from gun violence — have never been under greater assault,” Gov. Newsom said in a statement. “Laphonza will carry the baton left by Senator Feinstein, continue to break glass ceilings, and fight for all Californians in Washington D.C.”

Sen. Butler grew up in Magnolia, Miss., and attended Jackson State University. Her father died when she was just 16. She worked in the labor movement for 20 years and at 30, was elected president of Service Employees International Union (SEIU) Local 2015. She was also SEIU international vice president and president of SEIU California’s state council.

Sen. Butler also ran political campaigns and was part of Vice President Harris’ campaign for the vice presidency. She was previously a senior advisor to former Secretary of State Hillary Clinton’s 2016 presidential campaign. She has been president of Emily’s List, a national political action committee dedicated to electing abortion rights-supportive women candidates to office.

Political Pals

While little in her personal or professional career points to gun control, the list of supporters lining up to congratulate her is telling.

Former Secretary of State Hillary Clinton offered her endorsement, saying, “A great choice for California and the Senate. Congratulations Laphonza Butler!”

That was echoed by twice-failed Georgia gubernatorial candidate Stacey Abrams, as well as former Democratic National Committee Chairwoman Donna Brazile, the Democratic National Committee, Sen. Alex Padilla (D-Calif.), Sen. John Fetterman (D-Pa.), and California Democratic U.S. Reps. Ted Lieu, Jimmy Gomez, Ami Berra, Ro Khanna, Sara Jacobs, Mark Takano, Brad Sherman, Gloria Johnson, Nanette Barragán and California Attorney General Rob Bonta. All are ardent gun control supporters.

Even Rep. Adam Schiff (D-Calif.) offered congratulations, despite the fact that he’s thrown his hat into the ring for the seat she’s filling until 2024. He’s facing a crowded Democratic field including California Democratic Reps. Barbara Lee and Katie Porter – and Sen. Butler if she decides to compete for election.

Gleeful Gun Control

It’s not just gun control politicians that are gleeful at Gov. Newsom’s appointment of Sen. Butler to fill the Senate seat. It’s also gun control groups too.

President of Everytown for Gun Safety’s (and its mouthpiece The Trace) John Feinblatt, the gun control group bankrolled by antigun billionaire Michael Bloomberg, wrote on X, formerly known as Twitter, “Laphonza Butler is an advocate’s advocate and we’re thrilled with her history-making appointment to the Senate. We look forward to working alongside her to keep communities safe from gun violence.”

The Everytown-affiliated Moms Demand Action got in on the action too. Executive Director Angela Ferrell-Zabala wrote on X, “Laphonza Butler is an incredible leader and a fierce advocate for women and girls. I’m thrilled to watch her make history as the first Black lesbian senator to openly serve in Congress. Moms Demand can’t wait to work with her to continue California’s leadership on gun safety!”

Gov. Newsom’s appointment of Sen. Butler is a calculated move to ensure his gun control agenda – including his maligned 28th Amendment to the U.S. Constitution – is preserved. This is his attempt to export California gun control to the rest of the country and potentially pave the way for his own White House bid.

Mr Morse hit the electorate population replacement conspiracy theory nail on the head.

The White House Office of Democrat Decline

Let me connect two distant events. A sandwich shop in Philadelphia hired armed guards, and Joe Biden announced the White House “Office of Gun Violence Prevention.” The connection is both obvious and fascinating.

Jimmy’s Cheesesteaks in Philadelphia did more than hire a guard. They hired uniformed and armored guards openly carrying rifles across their chests. They guard the shop inside and out several days a week. If you go to the article and look at the picture, note that most of the windows at Jimmy’s are already boarded up. The widows with glass are covered with steel bars. The gas station on the corner has armed guards too because they wanted to be open after dark. This is the same city that had nightly looting this week.

Now consider why Biden announced an office of “gun violence.” First, I’m going to give you a few hints-

Los Angeles, San Francisco, Oakland, Portland, Seattle, Chicago, Detroit,
New York, Trenton, Philadelphia, Baltimore, Washington DC, New Orleans

Each of them has a Democrat mayor and city council. Each has rising crime and falling populations. They are bleeding people and turning into abandoned shells where no one can have a business and no one wants to live. Biden threw open the borders so these failing cities wouldn’t hollow out and lose democrat congressional seats.

As I mentioned, we’ve seen nightly riots and looting in Chicago and Philadelphia. Chicago’s Magnificent Mile, a street that was once filled with expensive shops and restaurants, now has 26% vacancy rate in spring of 2023. San Francisco is worse with huge name-brand hotels being handed back to the banks. People refuse to go to San Fran for conventions or tourism. Look on Youtube and you can see blocks and blocks of abandoned businesses on the main streets of San Francisco, of Oakland, and of Berkeley.

There are abandoned homes and entire subdivisions where no one lives, where no one can live because of the laws that democrats put in place. It is almost as if they set out to repeat the lessons they didn’t learn from Detroit. Remember when New York Governor Kathy Hochul said there is no place in New York State for conservatives? She got her wish, and the state of Florida welcomed them with open arms.

Democrats need to blame the gun. They have to blame the gun. Their cities have abandoned city blocks, abandoned malls, and empty skyscrapers. Money isn’t enough to fix this problem, but Democrats will throw taxpayers money at their failed cities.

They revitalized the waterfront in Baltimore, but nobody came. Businesses were afraid of being looted and customers were afraid of being robbed. Property on the water used to be one of the gems of the city, but democrats fixed that.

Right behind choosing to wear a Covid mask, guns are one of the clearest indicators of political affiliation. Democrats have to blame the gun and funnel money into their failing cities. Democrat politicians can’t afford the blame for what they’ve already done. What are they going to campaign on, “Vote for me and I’ll turn your city into Detroit?’

Is Austin far behind? The mayor of Dallas just switched political parties and became a republican because he says his city works and he wants it to stay that way.

Bidenomics! Average American Can’t Afford Homes In 99% Of Country

It’s time for your daily dose of Bidenomics — where the rules are made up and the points don’t matter.

In today’s lesson, we’ll learn how the fact that the average American can’t afford to buy a home in 99% of the country is evidence of a historic economy.

On Thursday, CBS reported that real estate data provider ATTOM reviewed median home prices in 575 counties across the country and concluded that the average income earner — somebody who makes $71,214 a year — could afford to buy a home in just 1% of those areas in 2022.

Chief Economist at Redfin, Daryl Fairweather, told CBS, “The only people who are selling right now are people who really need to move because of a life event — divorce, marriage, new baby, new job, etc. That lack of new inventory is keeping prices high.”

Part of the reason why homeowners are holding onto their homes is because of high interest rates — which were hiked to historic levels in hopes of slowing down runaway Bidenflation.

That inflation was caused in part by massive government spending. The president’s solution has been more government spending.

Last week, Sen. JD Vance (R-OH) blamed part of the problem on corporations buying single-family homes as well.

“They have access to lower interest rates,” Vance told ABC6. “They have access to cheaper money, and they completely crowd out the availability for homes for people who want to just buy a piece of their community.”

Some of those companies have ties to the Chinese Communist Party — something Vance says is nonsensical to allow.

“I look around and say, ‘What are we doing when we’re letting the Communist Chinese Party buy up homes that should be going to Ohio citizens?’ It just doesn’t make any sense.”

Overlooked in the housing crisis has been the role that legal and illegal immigration has played. As flagged by The Washington Examiner last spring, several studies have shown that immigration, lawful or not, impacts both rental and home-owning prices. In short, the millions who enter the country each year drive up demand, which drives up prices.

“I think it’s very hard to talk about the housing crisis in Ohio or across the country without talking about the immigration problem,” Vance said last week “When you let, let’s say, 10 million or 15 million people into the country illegally, those people all need homes.”

Given the fact that one of the most basic elements of the American dream is out of reach for the American people, you’d think Washington might want to address it. Instead, the vast majority are concerned with either making the southern border more accessible, or they’re focused on providing aid to Ukraine. Or both.

Given the enormity of the housing crisis, you would hope that the Republican Party would jump on solving it, thereby securing electoral victories in the process. Aside from Vance and a handful of others, not many in the GOP seem too concerned about it.

So, instead, Biden will continue to bloviate that the American economy is booming, we need to accept millions of foreigners each year, and that we have a duty to spend billions in Ukraine. If you haven’t picked up on it, Bidenomics is code for “America Last.”

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.

 

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.

‘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.

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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