Category: RKBA

BOLD-FACED LIE: Gun Control Groups Twist Heritage Foundation Data Out of Recognition in Court Documents

A conglomerate of gun control groups has filed a brief in federal court supporting the District of Columbia in a lawsuit challenging the city’s prohibition on civilian possession of magazines capable of holding more than 10 rounds.

This was not at all surprising.

What was quite perplexing, however, was the gun control groups’ citation of two of my recent monthly articles for The Daily Signal on defensive gun use. The groups claim the two articles “support” the premise that the District’s ban doesn’t negatively affect law-abiding gun owners, because none of the cases I cited “involved the use of anywhere close to 10 rounds of ammunition.”

Worse, the gun control groups spun this as The Heritage Foundation, among others, having “acknowledged that the ability to fire more than 10 rounds of ammunition without reloading is not necessary for defensive purposes.” (The Daily Signal is Heritage’s multimedia news organization.)

These are incredible claims in the most literal sense: They lack any credibility.

At best, the legal brief’s characterization of my monthly articles on defensive gun use is lazy to the point of recklessness and wrongly attributes to my employer, The Heritage Foundation, a policy position that it doesn’t hold. At worst, this constitutes an intentional effort to manipulate a federal court with a blatantly misleading representation of Heritage’s work on defensive gun use.

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En Banc Fifth Circuit Denies Chevron Deference to ATF in Bump Stock Case

A majority of judges concluded the plain language of the statute does not apply to bump stocks, but they also would have denied Chevron deference had they found the statute ambiguous.
Today the en banc U.S. Court of Appeals for the Fifth Circuit held a Bureau of Alcohol, Tobacco, and Firearms regulation extending the federal prohibition on machineguns to “bump stocks” is unlawful, as Eugene noted in a post below. In Cargill v. Garland, the judges split 13-3 on the merits, and the 13 in the majority divided on the rationale. Eight of the judges concluded the statute is unambiguous. Five additional judges concluded that, insofar as the statute is ambiguous, it should be interpreted not to cover bump stocks under the Rule of Lenity.

One aspect of the opinion, that appears to be supported by half of the judges on the en banc court, is that even were the statute ambiguous, it would not merit Chevron deference because the agency had not relied upon Chevron. Seven additional judges further concluded that ATF should not get Chevron deference because the statute imposes criminal penalties and the ATF reversed its prior interpretation of the statute. (Judge Oldham joined the first part of the court’s Chevron discussion, but not the rest.)

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Ranking Redux

Everytown for Gun Safety is rank. And by that, we mean their state gun control law ranking system is rank(ed at the top of the silliness scale).

Takeaways

Everytown’s state law ranking system:

  • Is arbitrary, lacking any criminological basis.
  • Shows very little gun violence variability between states based on their gun laws.
  • Omits the most violent district, which has stringent gun laws.
  • Includes suicides, which are inappropriate in such an analysis.

Echoing the Brady Campaign

The moribund Brady Campaign (or whatever they are calling themselves this week) used to produce a state gun law scorecard every year. It was, in a word, a gun control wish list and nothing more. We keep their last scorecard criteria to reference their arbitrary scoring system for reference and a few laughs (whichever laws they were promoting that year tended get a higher score).

 

Brady Campaign State Scorecard vs Violent Crime Rates

click for larger, sharable version
 

Everytown Gun Law Ranking and Homicide Rates

click for larger, sharable version

We would dutifully produce a scatter diagram each year showing the utter lack of correlation between the Brady Campaign scorecard and any variety of crime.

The Brady Campaign quit producing their scorecard some time after we demonstrated that the states with “strongest” and most “lax” gun laws had identical rates of violent crime (in this last chart we made, blue California on the left and red Arizona on the right).

With the Brady Campaign largely forgotten, Everytown for Gun Safety picked up the slack and started producing their own “ranking” system

Same game, new player.

Blighted Everytown

The headline element of note is that Everytown’s ranking system doesn’t actually prove their point. Quite the opposite.

Here we took their ranking and graphed it against both gun homicides and all modes of homicides. Though the slope of the line does rise as Everytown’s arbitrary rankings drop (left-to-right, “strongest” to most “lax”) the rise is minuscule.

More importantly, the vertical scattering of points shows high volatility all the way from California to Mississippi. For the statistics junkies, that’s an R2 of 0.02 for gun homicides, which basically means no correlation between Everytown’s gun law rankings and actual gun violence.

Let’s list some of the “research” sins Everytown committed:

  • They omitted Washington, DC, which year in and year out is the murder capital as well as of the nation. The District also has stringent gun control laws, so this omission is blatant data rigging.
  • In their analysis, Everytown included suicides. We have shown, using a more appropriate international scale, that there is no correlation between gun availability and suicide rates. This is because the probability of someone wanting to commit suicide is based instead on external factors and cultural attitudes about suicide.

Let’s score their scorecard:

  • No criminology basis.
  • Excludes important datapoint.
  • Includes inappropriate data.
  • Composed via an arbitrary wish list.

In short, meaningless equine effluvium.

Everytown Dumbs Things Down

We expect advocacy groups (Everytown, NRA… doesn’t matter) to promote their causes. But to present the public with wantonly dubious and disastrously constructed “research” only helps to destroy their own brand and weaken their mission.

 

 

New York AG’s Emergency SCOTUS Bid to Preserve Concealed Carry Law Could Mark Showdown Between Clarence Thomas and Brett Kavanaugh

New York State Attorney General Letitia James (D) asked the Supreme Court Tuesday to keep its new Concealed Carry Improvement Act (CCIA) in effect while a lawsuit works its way through the courts. The emergency filing marks the justices’ first chance to decide a major Second Amendment dispute since it ruled last summer in New York State Rifle v. Bruen.

The 2022 statute was the result of the state legislature’s emergency session which immediately followed the Supreme Court’s ruling in Bruen. The case had been a successful challenge to New York’s century-old handgun licensing regime. Justice Clarence Thomas wrote in the Court’s opinion that the statute was an unconstitutional violation of the Second Amendment that unduly interfered with New Yorkers’ “special need for self-defense.”

Thomas also noted in his opinion that gun laws must be “consistent with this Nation’s historical tradition of firearm regulation.”

New York’s legislative response to the Bruen ruling made it a felony to possess a gun in “sensitive areas” — such as museums, stadiums, public transit systems, parks, Times Square and houses of worship — as well as “restricted areas,” such as private property. The CCIA also added training requirements for concealed-carry permits, as well as a mandated written exam, in-person screening, and a review of social media accounts to ensure a licensee’s “good moral character” before licensing

After it was passed, the CCIA came under immediate attack by gun activists in multiple lawsuits.

In one such case, U.S. District Judge Glenn T. Suddaby, a George W. Bush appointee, temporarily blocked the “sensitive places” and “good moral character” portions of the law on the grounds that analogous regulations did not exist in the 18th and 19th century. James successfully appealed that ruling.

A three-judge panel of U.S. Court of Appeals for the Second Circuit next ruled unanimously to stay Suddaby’s order pending the outcome of New York’s appeal and ordered expedited consideration of the case with a Jan. 9, 2023, deadline for briefs.

The panel, which consisted of Circuit Judges Robert D. Sack, a Bill Clinton appointee; Richard C. Wesley, a George W. Bush appointee; and Joseph F. Bianco, a Donald Trump appointee, is the same trio that stayed another district court order in a separate challenge to the CCIA in December.

The gun owners responded with an emergency petition to the Supreme Court on Dec. 21, 2022, in which they asked the justices to keep the district court ruling in effect while the underlying challenge to the CCIA works its way through the appeal.

In a 43-page responsive brief, James urges the justices to refrain from taking the “extraordinary step” of vacating a circuit court order. In particular, James pointed to the timing of the question before the high court.

“This Court ordinarily awaits percolation of legal issues in the lower courts before granting review and would benefit from such percolation here,” the AG’s brief states.

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ARE YOU PREPARED?
BE READY FOR THESE FIVE CATEGORIES

Where’s the danger? Those who carry a weapon in public are constantly asking this question. We’re always in what Jeff Cooper popularized as Condition Yellow. No threat has been recognized, but we’re actively alert for anything that might come up. Once a potential threat has been identified, we move to Condition Orange and begin planning for an attack. We evaluate the threat, the availability of cover and concealment, look for other threats and evaluate the overall environment in case we need to use lethal force. Condition Orange is a critical stage because you’ve identified the threat and must prepare. I propose some threats are already known to us, but most are not adequately prepared to respond.

Threats come in many forms. We can’t always know where they will come from. When we do, however, we’re always better off if we have already prepared rather than waiting until it is staring us in the eyes. A prepared response is always better than an improvised one. This is especially true when the threat is deadly. Massad Ayoob has an oft-repeated phrase for this: “Know where the threats are most likely to come from and have a proven strategy prepared to counter it.” You can’t prepare for everything, so you’ve got to prioritize.

Learning the most common instances where lethal force was used can give you valuable information about where your focus should be. I was listening to the Armed Attorneys (YouTube) discussing this recently. According to them, civilian uses of force cases (as opposed to law enforcement) overwhelmingly come in five categories:

 

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That the children are apparently purposefully deluded by their instructors and not taught that SCOTUS took care of this in 2008 in Heller, simply shows that it’s not teaching, but indoctrination

Also, JIC:

The meaning of the phrase “well-regulated” in the 2nd amendment

Anti-gun op-ed by student hardly the gotcha she thinks it is

Every now and then, we see some person who thinks they’re clever, only to trot out a tired, debunked argument that they’re sure is a “gotcha” moment.

That’s especially true with anti-gun arguments, of course.

I recently came across an op-ed written by a Los Angeles high school student that treads a particularly tired argument.

Titled, “Opinion: The 2nd Amendment requires gun regulation,” you already know it’s going to be good.

How can we decrease gun violence?

According to the 2nd Amendment, since “[a] well regulated Militia [is]…necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” Although people have the right to bear arms for their own protection as stated in the Constitution, the Second Amendment also clearly states that this is based on the need for a “well regulated Militia”, not based on random people being able to have guns.

This can be interpreted to mean that no one except for law enforcement should have more than a number of guns or ammunition, because the right to bear arms is for a “well regulated Militia”. People do not need 10 guns to protect themselves from danger, and they certainly won’t need a gun that can shoot 600 bullets per minute either, like the AK-47 as detailed in Britannica.

If we limit a certain amount of guns per person, making sure that gun owners are “well regulated”, then the chance of a mass shooting will be less likely as a gun owner could only own a specific amount of guns and also have “regulated” ways to use them.

I’m sure the author and her teachers are very proud of her for this argument. Too bad it’s an anti-gun argument debunked ages ago by people far better versed in constitutional law than she is.

First, the phrase “well-regulated” means “properly functioning.”

Second, the militia refers to the whole body of free people who can be called upon to defend our nation. While many argue that this means the National Guard today, if you take a look at the Militia Act, you’ll see the unorganized militia is still people within a given age range who aren’t currently serving in the military or eligible for call-up.

Further, the young author here is illustrating just how poor the American educational system actually is, because she clearly didn’t grasp the totality of the Second Amendment.

See, she’s doing what many anti-gunners do, which is focus on the militia clause. Yet the rest of the amendment read, “the people’s right to keep and bear arms shall not be infringed.”

“[S]hall not be infringed.” That part alone debunks the entire premise on which the author based her work. It doesn’t say the right to keep and bear arms shall only be for militia purposes. It explicitly states that it shall not be interfered with by lawmakers.

I don’t blame her, though. I blame her teachers.

It seems no one adequately educated her about the context surrounding the Second Amendment. She likely was never taught about our Founding Fathers’ innate distrust of standing armies, or how they believed any government had the potential to become tyrannical unless held in check by the citizenry.

They never taught her how the Bill of Rights came to be, how many of the amendments were a direct response to actions carried out by the British, and how the Founding Fathers wanted to make sure their new nation wouldn’t go down that same road.

That includes removing arms from law-abiding citizens.

“But you don’t need 10 guns,” she argues, yet the Second Amendment doesn’t call for such anti-gun regulation as she claims. It explicitly precludes any such regulation by saying our right shall not be infringed.

It seems clear that this young woman hasn’t been taught by her teachers. Not about history and likely not even how to think for herself.

Guns don’t cause homicides. The real problem is everyone’s bubble of personal privacy

IT’S NOT THE GUNS

The “guns cause killings” idea is bogus. (Dec. 1, 8A, “Guns, not mental health issues, cause US mass shootings”) There are more guns than people in America.
If guns cause violence, then the annual homicide rate should be more than 1 million killed, with hundreds of thousands wounded. The streets of every city, town and village should be running red with blood, and the bodies should be stacked like cord wood in the streets.
Two classes of homicides dominate mass media today: gang warfare killings and mass shootings by lone killers. Gang warfare is concentrated in urban areas. One-on-one homicides are fairly rare and sprinkled across America. Mass shootings are even more uncommon.
Dealing with lone killers would require America to tackle the very tough issue of privacy. In the past 60 years, civil libertarians have invented an impenetrable bubble of privacy around everyone. This makes it difficult or impossible for employers, law enforcement and school officials to do anything before a mass shooting takes place.
A final observation: Every handgun sold to honest, law-abiding citizens is a vote of “no confidence” in government’s ability — or even willingness — to control street crime.
– Brian Bloedel, Accomac, Virginia

I’ll take : Mostly what the local prosecutor thinks it is, for $500

What Does “Brandishing” a Gun Mean?

For the purpose of our discussion, brandishing is the unnecessary and unlawful display of a defensive firearm. The most important thing for everyone to understand is that the specific legal definition of brandishing may differ from state to state. For this reason, it is critically important for every defensive shooter to contact his local district attorney or a criminal defense attorney and get an accurate understanding of the local interpretation.

Even if there were no brandishing law, I would strongly advise against unnecessarily displaying the firearm. We shouldn’t be carrying a gun in order to try to impress people because it usually does not impress them. And we certainly don’t want to give the criminal any advance notice of what he is about to be up against because, now that he is forewarned, he might just simply change his tactics.

Our society requires us to let the criminal make the first move—which means that we are already behind if his attack is serious. It is far better to surprise him, and ruin his day, by drawing our gun when he thinks he has everything going his way. Drawing against an attacker who is armed with a deadly weapon, in the middle of his attack, is not brandishing….even if you don’t have to fire a shot.

In dealing with criminal attacks, we should establish mental triggers. Seeing a person with a knife in his hand is not going to cause me to shoot him. But my mental trigger is: “If he ignores my commands to drop the knife and comes close enough to strike me then I am prepared to take deadly action.”  If he complies with my commands, or simply runs away, I see no need to shoot. But you can be certain that I will report the incident to law enforcement immediately.

It is important to realize that not every criminal attack is deadly in nature. And, while it is an attack, it may not justify the use of deadly force on the part of the armed citizen. Producing a firearm during an argument with an unarmed neighbor, for instance, may be a violation of the law. We should produce the defensive handgun only when our life is clearly in immediate danger, or the lives of our family.

Everyone’s personal defense plan should include plans for dealing with these less-than-lethal attacks. Training in martial arts, stick fighting, or the use of less lethal defensive tools such as pepper spray, are all important in protecting life and limb. Not every criminal encounter justifies the use of a firearm.

Understanding the law regarding brandishing is very important. Equally important is the need to develop one’s defensive skills so that we can act within the law and still protect ourselves. Knowledge of the law and professional training are the best armor that we can put on.

More of Sun-Tzu’s advice to know your enemy

This is what passes for ‘liberal’ these days.
A wanna-be tyrant with a minimal IQ who somehow believes he’s  discovered an as yet never postulated way to achieve his goal.

The Second amendment is not, and never had been, a permission to allow the People to do anything. It ‘gives’ nothing. It is in no way a ‘the people may’. It declares rights and restricts goobermint power over those rights.
The People already have the right not just to keep and bear arms, but to also make them, right along with the accoutrements and ammunition necessary for their use.
Even this latest ‘ghost gun’ regulation by the bureaucraps at BATFE does nothing to stop a person from making their own guns.

The Second amendment is, as clearly stated by the Bill Of Rights own preamble – quoted below – is a restriction on goobermint power, not on the rights of the people

The Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution.

The author’s mindless idea is that of the ignoramus who was never taught, or slept through their course in, U.S. Civics. That also goes for many of the people commenting there. Either that, or they have an ulterior motive, a disarmament agenda for their political enemies, because unless they disarm them, they can’t deal with them the way all tyrants want to.

Read Second Amendment Literally: Ban Making and Selling Guns

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

A fully contextual reading of the Second Amendment tells us that the Founding Fathers protected the right to bear arms for the sole purpose of supporting a well-regulated militia to keep America free and secure. But various gun cranks and judges have dismissed that prefatory clause and read all sorts of non-original intent into the right to bear arms—self-defense, shooting government officials we don’t like, yadda yadda.

So let’s ignore the preface and focus strictly and literally on the operative clause, “the right of the people to keep and bear arms shall not be infringed”. (I’m also going to ignore that erroneous comma—a comma should never separate a subject and a predicate unless there is some intervening descriptive phrase or dependent clause.)

The Second Amendment says we may have guns. It says we may carry guns.

The Second Amendment does not say we may make guns.

It does not say we may sell guns.

It does not say that we may box up a gun and mail it across state lines.

We could shut down every gun factory and store and dealer in America today and not violate the Second Amendment. We already have 393 million firearms, more than enough to allow every living American to carry a gun. If you have a gun, you can keep it. You just can’t buy any more or sell the ones you have.

Ah, but what if your gun breaks and you want another one? Or what if you grow up in a household that chooses not to bear arms but then decide when you grow up, you want to be a hero like Kyle Rittenhouse? You can’t exercise your Second Amendment right if you can’t get your hands on a gun? To keep and bear an arm, don’t you have to be able to buy a gun or build your own from bamboo, charcoal, sulfur, and diamonds?

Well, if governments are instituted among men to secure our rights, then the government can secure our Second Amendment right by producing arms—just contract Sig Sauer to crank out a few million more M17s and M18s—and distributing them at local police stations or Army recruiting offices to every citizen willing and able to carry one.  No right is absolute, of course: the government can and should decline to hand free guns to people who are drunk, crazy, angry, or elsewise identifiably dangerous. But if the government ensures that every able-bodied and responsible American who desires to keep and bear an arm can get an arm, then there is no need for private, extra-constitutional gun-running.

The Second Amendment has been perverted by profit-seekers. The Second Amendment does not protect gun commerce. End gun commerce, and we’ll defuse the fear– and machismo-stoking marketing that drives our destructive gun culture.

There is no ‘common ground’ with those who advocate for gun control.

If looking for common ground on guns, this ain’t it

Anti-gunners love to talk about trying to find “common ground” on gun control. They don’t want to just do what we can agree with, they just see that as a starting point. In time, they want to push what’s acceptable to a point that they could never get away with unless they start with something much easier to sell.

So, they start with something they can get passed.

A recent op-ed attempts to discuss that common ground, but folks, this ain’t it.

There can be no debate that what we are doing for gun safety in this country isn’t working. While there is debate over what we can do about it, now is a fresh time to open rational discussions on guns. The clear purpose must be bringing about greater gun safety.

To begin with, only about 30% of gun owners own or have owned an AR-15 or similar assault rifle. These types of weapons don’t represent the typical American gun owner. Their primary purpose is to kill and maim people. Should they be allowed to be carried in public places?

First, 30 percent is roughly a third of all gun owners. When you think of the sheer number of firearms owners in this country, you quickly recognize that this represents millions upon millions of law-abiding citizens. That’s not exactly atypical.

Further, a number of others don’t own such weapons as a matter of choice, but will not support a ban on such a firearm, so even if only a third own such weapons, another large portion aren’t going to roll over and let gun control fans pull this kind of stuff.

That isn’t exactly common ground.

Opinion polls show that gun owners themselves overwhelmingly favor universal background checks. Should a review of those purchasing an assault rifle be as stringent as those required for adopting a rescue puppy?

First, the requirements for adopting a rescue puppy vary from place to place, but almost none require a criminal background check, which most gun buyers actually do undergo.

Further, if someone wants to rehome a puppy, they may or may not make the new owner jump through whatever hoops.

This comparison is beyond stupid and the author should be ashamed for trying to make it.

As for polls showing support for universal background checks, take a deeper look. Most of those polls only ask people if they support background checks on gun sales. There’s no mention of universal background checks at all, and that’s important.

You see, as it stands, the questions may lead many to assume they’re stating their support for the status quo, not a new order of things.

When universal background checks have come up for a vote by the people of a given state, they tend to lose. That’s because the idea of such background checks tends to sound good…for other people. Folks don’t like the idea that they can’t sell a gun to their brother or cousin without getting government permission.

If this were really “common ground,” it wouldn’t be so hard to get voters to pass these measures. That tells us just how useless the polling actually is on this topic.

What law-abiding purpose is served by a 30 shot capacity clip? Should there be any limit? Where should we draw the line? Courts have found that the Second Amendment is not without limits in its application.

Yes, the courts have said the Second Amendment has limits, but this isn’t about the courts, now is it? This is about the author’s supposed search for “common ground.”

Yet he asks what law-abiding purpose is served by a 30-round capacity. Well, the answers are numerous. You see, self-defense may require just that many rounds, if not more. Law-abiding citizens don’t get to pick the nature of their violent encounters, so more ammo is always welcome. No one has ever complained about excess ammunition after a gunfight, after all.

See, all of this is supposed to be about finding common ground, but after a bit, it just becomes the author demanding justification for us maintaining our gun rights. This isn’t finding common ground.

Which is fine, because no such thing exists. The discussion is binary. You either support the Second Amendment or you don’t. It’s just that simple.

Clearly, this author doesn’t.

2022 Closes with A Nation On the Precipice of Ruination

New York – -(AmmoLand.com)- As one more year draws rapidly to a close in these first three decades of the 21st Century, the United States stands precariously at the edge of an abyss.

After a century of sidestepping the issue, the U.S. Supreme Court established, in three precedential case law decisions, what had been visibly plain in the language of the Second Amendment itself all along if one would only look.

All three cases were handed down in the first three decades of the 21st Century. They include:

District of Columbia vs. Heller in 2008, McDonald vs. City of Chicago in 2010, and New York State Rifle & Pistol Association vs. Bruen in 2022.

These three cases, together, stand for the following propositions, now black letter law:

  • The right of armed self-defense is an individual right unconnected with one’s service in a militia
  • The right of armed self-defense is a universal right, applicable to both the States and the Federal Government.
  • The right of armed self-defense applies wherever a person is, inside the home or outside it.

These three legal axioms are, together, the singular Law of the Land.

But for this Law, the Republic would have fallen into ruin, this Century.

There would be nothing to rein in a rogue Congress, a rogue Biden Administration, or rogue jurisdictions like those around the Country: New York, New Jersey, Illinois, California, Washington State, Washington D.C., Oregon, Hawaii, and several others.

The rot from those State jurisdictions and from the Federal Government would eventually infect many other states.

Forces inside the Government and outside it, both here and abroad—wealthy and powerful, malevolent and malignant—constantly machinate to destroy the right to armed self-defense. These forces will not tolerate an armed citizenry. The existence of an armed citizenry contradicts their end goal of a neo-feudalistic world government. The armed citizenry precept deviates from their plan of world conquest.

Their goal for the 21st Century is a return to the political, social, and economic feudalistic construct operating in the world of the 5th through 15th Centuries—the Middle Ages.

These ruthless elements have declared——

  • The United States can no longer continue as a free Constitutional Republic;
  • The American people must be subjugated; and
  • Any thought of an armed citizenry must be erased from the collective memory of the American people.

The ashes of a once powerful, respected, sovereign, independent United States are to be commingled with the ashes of other western nations.

The EU and the British Commonwealth Nations are a step in the direction of that world empire.

The neoliberal democratic world order is conceived as——

  • One devoid of defined geographical borders,
  • One absent national government; and
  • One bereft of any defining history, heritage, culture, ethos, or Judeo-Christian ethic by which the people of one nation may easily distinguish themselves from any other.

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Just to point out; In New York the ‘Supreme Court’ is the same as what others places call a ‘District Court’  or the first court that sits on a case.

NEW YORK SUPREME COURT JUSTICE DEEMS NEW YORK’S RED FLAG LAWS ARE UNCONSTITUTIONAL

A New York State Supreme Court Justice ruled last week that New York’s Extreme Risk Protection Order laws, often called Red Flag laws are unconstitutional and declined to issue an Extreme Risk Protection Order (ERPO). As we have written in the past, extreme risk protections have become very popular in anti-gun states and are a way for government officials to take away the Second Amendment rights of individuals who have not committed any crime. Yet, New York’s Red Flag laws were expanded in July of 2022. Justice Thomas E. Moran, of the Rochester based Monroe County Supreme Court struck down these laws in a 10 page decision, in a case entitled G.W. v. C.N., 2022 NY Slip Op 22392 (Monroe County Sup. Ct. 2022).

This particular case highlights everything wrong with Red Flag laws. The Petitioner who filed for the Extreme Risk Protection Order was the estranged boy friend of the Respondent who was a licensed gun owner in New York State. He alleged that his ex-girlfriend was a danger to herself and others and obtained a Temporary Extreme Risk Protection Order. Justice Moran pointed out that the Petition cited a variety of statements that the Respondent allegedly made threatening to harm herself with a gun which the Petition falsely claimed were made within 6 months before the Petition was filed but in fact dated back to 2020 and 2021. The Court also pointed out that there was a Family Court case also going on in which The Petitioner had an Order of Protection against him which among other things barred him from the home that they had shared.

Turning to the Constitutionality of the Article 63-A, which lays out New York’s Red Flag laws and procedures, the Court cited the United States Supreme Court decisions in Heller, McDonald and most recently Bruen and applied the Bruen Standard that when the 2nd Amendment’s text covers a person’s conduct, a law which regulates that conduct is presumptively unconstitutional unless the State can demonstrate that the regulation is consistent with the country’s historical tradition of firearms regulations.

The Court also noted that many safeguards of due process that the State had in other analogous situations did not exist in New York’s red flag laws. For example, the Court noted that Red Flag laws and the New York Mental Hygiene Law use the same definition for “likely to result in serious harm”. However, under the New York Mental Hygiene Law, those determinations are made by a Doctor, a person licensed trained and experienced in making such determinations. However, in the case of New York Red Flag laws, most of the authorized Petitioners are not Doctors and are not licensed, trained or experienced in making that determination. Under the Mental Hygiene Law, two doctors are required to make the determination if a person’s liberty is to be taken away for more than 48 hours. No such safeguard is required, not even one doctor is required, before a person loses their gun rights for one year.

Another example cited by the Court is under Article 10 of the Mental Hygiene Law which permits civil detention of certain dangerous sex offenders after they have served their sentence. However, before a Judge can civilly detain someone under this statute, the convicted sex offender is entitled to a Court appointed, free attorney, a state-funded psychiatrist to assist in the defense, a probable cause hearing within 30 days and ultimately a full jury trial before the convicted sex offender’s liberty can be taken away. The Court pointed out that none of those protections exist in New York’s Extreme Risk Protection order Laws.

The Court pointed out that where mental health issues have formed the basis for a loss of fundamental Constitutional rights in the past in New York, the laws have always provided a number of substantive and procedural due process protections none of which are afforded under New York ERPO laws. The Court reiterated a statement from the Supreme Court that Second Amendment rights are not a second class constitutional right.

We should note that this decision, and the Courts reasoning, may form the basis of also striking down many of the Safe Act provisions as they relate to people with past psychiatric issues being prohibited from purchasing or owning guns.

Analysis: What to Expect on Guns in 2023

2022 was a watershed year for gun politics in America.

The U.S. Supreme Court heard and decided its first consequential Second Amendment case in over a decade and recognized for the first time a right to carry a firearm in public for self-defense. It also finally established the specific legal test lower courts must use when reviewing gun cases, a text and history-based standard that many gun-rights advocates hope can be used to overturn restrictive modern gun laws.

At the same, horrific mass shootings like the one at an elementary school in Uvalde, Texas, created a sudden groundswell of support for new gun laws midway through the year. That ultimately led to the passage of the first federal gun restrictions in nearly three decades, with bipartisan support.

Both sides of the American gun debate achieved significant victories in 2022 and will be looking to capitalize on that momentum in the new year. Here’s a look at what to expect on guns in 2023.

Second Amendment Litigation

The Supreme Court’s ruling in New York State Rifle & Pistol Association v. Bruen opened the floodgates on legal challenges to all kinds of gun restrictions. Animated by the Court’s new test for gun cases, gun-rights groups filed a bevy of lawsuits across the country in 2022. Expect that trend to continue in 2023.

While it would be nearly impossible to document the several dozen cases expected to arise in the new year, there are certainly some big ones to watch. Those include the ongoing challenges to New York and New Jersey’s Bruen-response bills. The resolution of those cases will determine how far states can push the limits of the Supreme Court’s holding in Bruen. That will impact the residents of each respective state who hope to carry a firearm for self-defense and the expected copycat measure likely coming from California.

The New York cases, in particular, will also test the willingness of the High Court to superintend its own decision. After several injunctions against the New York law were stayed by the Second Circuit, gun-rights advocates filed an emergency request with the Supreme Court to vacate the stays. Justice Sonya Sotomayer, who oversees the Second Circuit, is requiring New York to respond by January 3rd.

How the Court decides to rule in this matter could provide insight into how active it intends to be on gun cases moving forward.

Other significant cases include the ones against Maryland’s assault weapon ban and California’s magazine ban/confiscation law. Both cases were granted, vacated, and remanded by the Supreme Court to be revisited in light of the Bruen decision. The outcome of those challenges will provide test cases for how lower courts previously favorable towards gun bans will respond to the Court’s new test.

Lastly, the state and federal challenges to Oregon’s new gun-control ballot measure will be worth keeping an eye on. The cases could provide the first high-profile test of the legality of permit-to-purchase laws under the Supreme Court’s text and historical tradition standard, an interesting question in light of Justices Kavanaugh and Roberts defending the constitutionality of shall-issue gun-carry permitting in a Bruen concurrence.

State-Level Gun-Control Push

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Federal Judge Tosses Lawsuit Opposing Concealed-Carry Ban on D.C. Metro, Finding Challengers Did Not Show ‘Any Threat’ of Prosecution

A federal judge threw out a challenge to D.C.’s concealed pistol law after four D.C.-area residents failed to include a basic part of their case. Although the challengers made multiple arguments about the use of guns in 1600s New England, they included nothing to show that they were — or ever would be — personally affected by the statute. Gregory T. Angelo, Tyler Yzaguirre, and Cameron M. Erickson live in the District of Columbia, and Robert M. Miller lives in Virginia. The four hold licenses to carry firearms, and say that they regularly use public transportation including the D.C. Metro. The plaintiffs waged a federal lawsuit challenging the constitutionality of D.C. Code § 7-2509.07(a)(6), which prohibits the carrying concealed firearms in “sensitive areas,” which include D.C. public transportation, and levies a penalty of fine or imprisonment up to 180 days for violators.

In their 35-page complaint, the four alleged that if it were not for the statute, they would carry their concealed handguns on the Metro and buses for self-defense. They said that because of the statute, they now refrain from doing so because they fear arrest and prosecution.

Taking cues from the Supreme Court’s ruling in Bruen, the challengers pointed to Justice Clarence Thomas’s recently established test that gun laws must be “consistent with this Nation’s historical tradition of firearm regulation.”

The plaintiffs reached back centuries in support of their argument that there is “no basis to label the Metro as a sensitive area,” providing an extensive history of gun law anecdotes going back to the early 1600s in the U.S. and several hundred years prior in Europe. Plaintiffs allowed that, “Public transportation systems did not exist as they do today at the founding of the nation,” but argued that because, “a March 9, 1636 ordinance provided that every person above 18 years of age (except magistrates and elders of the churches) were ordered to ‘come to public assemblies with their muskets,’” that 2022 concealed-carry restrictions conflict with our nation’s founding principles.

The D.C. law, said the plaintiffs, interferes with their Second Amendment right of self-defense and goes far beyond any limits imposed by Supreme Court precedent.

They asked the court to issue either a preliminary or a permanent injunction, restricting enforcement of the statute.

U.S. District Judge Randolph Moss, a Barack Obama appointee, rejected their argument, finding that the plaintiffs couldn’t prove harm. They provided no evidence that the law has been used to prosecute anyone, much less the four of them.

Moss wrote in the court’s 25-page ruling that in order to establish Article III standing, all plaintiffs must demonstrate some kind of “injury in fact.” In other words, it is not enough for a plaintiff to simply disagree with a law — that plaintiff must be actually harmed by the law. That’s where the four plaintiffs fell short.

Moss pointed out that, “No plaintiff in this case has been arrested and prosecuted — or threatened with arrest or prosecution or with the imposition of a civil penalty — for violating the provision of D.C. law at issue here.” Moreover, none of the plaintiffs even alleged that they have either been “singled out” or were somehow “uniquely targeted” for prosecution, said Moss. Without such a showing, the plaintiffs could not sufficiently establish their right to bring the lawsuit.

According to the Moss, the case’s shortcomings went farther. Not only did the plaintiffs fail to show that they were especially at risk of prosecution, but they did not show that anyone was at risk of prosecution.

“Plaintiffs have failed to proffer any evidence relating to any threat or risk of enforcement,” wrote Moss. To underscore the omission, Moss recounted exchanges from oral argument in which the court appeared to prompt the plaintiffs’ lawyer to provide the kind of evidence that could have supported the claim:

Indeed, when asked at oral argument, Plaintiffs’ counsel was unable to identify any case in which an individual licensed to carry a handgun has ever been prosecuted simply for carrying a concealed handgun on a Metrorail train or a Metrobus. Instead, Plaintiffs’ counsel merely speculated that those carrying concealed handguns often pat their sides (to confirm that they have their guns with them) and that, by doing so, they might provide a tell for law enforcement officers and thereby invite arrest.

Moss also called out the attorney for a general response to the specific question of threat of enforcement. Moss said that during colloquy with the court, plaintiffs’ counsel answered that the Metropolitan Police Department “invariably arrests those who violate any of ‘the myriad of firearms regulations’ in the District of Columbia,” but noted that, “Neither statement by counsel, however, is evidence, and the evidence that Plaintiffs have offered says nothing about the risk of criminal or civil enforcement of § 7-2509.07(a)(6).”

Moss denied both requested injunctions.

Counsel for the plaintiffs did not immediately respond to request for comment.

Constitutional Carry Bill takes effect Jan. 1

House Bill 272, known as the Constitutional Carry Bill, takes effect Sunday, granting Alabamians permission to carry a concealed gun without a permit.

The bill, sponsored by Rep. Shane Stringer, revises certain pistol carry or possession restrictions and eliminates pistol permit requirements for carrying a concealed pistol within the state.

Alabama became the 22nd state to loosen concealed weapon restrictions with the bill, and while the National Rifle Association supports the legislation, representatives from local law enforcement agencies expressed concerns for the impact communities may face from the policy.

Butler County departments did not respond immediately to requests for comments, but key law enforcement officials in neighboring Lowndes and Crenshaw counties highlighted the possibility for increased crime.

“I do not support it,” said Lowndes County Sheriff Chris West. “I absolutely, positively do not support it.”

According to West, the new law expands law enforcement concerns over the increased crime rate which may result from easier access to weapons.

“Lowndes County’s population is predominantly Black,” West said. “Among the Black race, violent crime is especially high. Personally, I can’t see enabling a law that would possibly contribute to that crime rate. It enables people who may have no business carrying a weapon to carry one, even without a permit.”

Crenshaw County Sheriff Terry Mears shared his fears for how loosening concealed carry restrictions could endanger law enforcement officers.

“This is going to be big for us,” Mears said. “There’s going to be more gun-related situations on traffic stops than before because the bad guys will have more access to weapons they can hide.”

Increased incidents involving active shooters present another concern, Mears noted, as do citizens who may shoot first and ask questions later. And, while local agencies are prepared, they hope those situations don’t arise.

“The only guy I’ve written tickets to in Crenshaw County is in jail for murder now,” Mears said. “People like that tend to carry guns now. All some folks want to do is shoot people. That makes our job a little more difficult.”

On March 10, Governor Kay Ivey signed the bill into law, an act she said defends law-abiding Alabamians’ Second Amendment rights.

“Unlike states who are doing everything in their power to make it harder for law-abiding citizens, Alabama is reaffirming our commitment to defending our Second Amendment rights,” she said in a March 10 statement. “I have always stood up for the rights of law-abiding gun owners, and I am proud to do that again today.”

The law does not impact previously issued pistol permits, and Alabamians who wish to carry concealed weapons to another state must still possess a valid Alabama permit.

Anyone prohibited under state or federal law from possessing a firearm is still restricted from doing so under the revised statute.

The NRA applauded Ivey for signing the bill, a move its leaders said enables law-abiding Alabamians to carry a handgun for personal protection without paying a tax or obtaining a license from the State.

“As law enforcement is being defunded and criminals aren’t being prosecuted, it is more important than ever that law-abiding Americans’ right to protect themselves, their loved ones, and their homes is fully recognized,” said NRA-ILA Executive Director Jason Ouimet in a statement. “The NRA will continue to champion this God-given right until every state in the nation is a constitutional carry state.”

Dr. Lott Testifies Before House Committee
(Gives 3 Basic Facts Everyone Should Know!)

Dr. John Lott Jr., president of the nonprofit Crime Prevention Research Center (CPRC), testified before the House Subcommittee on Crime, Terrorism, and Homeland Security last week for a hearing dedicated to “Examining Uvalde: The Search for Bipartisan Solutions to Gun Violence.”

Dr. Lott delivered a lot of information but he began with three basic facts that everyone should know about gun-related violence in America.

Here they are:

1, Over 92% of violent crimes in America do not involve firearms. The U.S. Department of Justice’s National Crime Victimization Survey for 2020 shows 4,558,150 rapes, robberies, and aggravated assaults, and the FBI reports 21,570 murders. Of those, firearms were involved in 350,460 rapes, robberies, and aggravated assaults. Adding those numbers up, 7.9% of violent crimes were committed with firearms.

2, While the US media doesn’t give much, if any, coverage to mass public shootings in other countries, mass public shootings per capita are relatively low in the United States compared to the rest of the world. Over the 20 years from 1998 to 2017, the US had less than 1.13% of the world’s share of mass public shooters and 1.77% of its mass public shooting murders. That’s much less than the US’s 4.6% share of the world population. Since 2000, there have been nine mass public school shootings in the US. Germany had only three over that period and Finland had only one, but the United States has four times the population of Germany and sixty times that of Finland. Russia has had four such massacres, but we have 2.3 times its population. On a per capita basis, all three countries have a similar or higher rate compared to that of the US.

3, Like many other mass public shooters, the Buffalo shooter targeted defenseless people. He even wrote in his manifesto: “Attacking in a weapon-restricted area may decrease the chance of civilian backlash. Schools, courts, or areas where CCW are outlawed or prohibited may be good areas of attack. Areas where CCW permits are low may also fit in this category. Areas with strict gun laws are also great places of attack.” The national media refuses to report other explicit statements by attackers explaining why they pick the targets they do. Nor do they report the fact that 94% of mass public shootings occur in places where civilians are banned from having firearms.

Biden Administration, State Governments Carried Out Elaborate Hoax On Gun Owners

New York – -(AmmoLand.com)- The “why” of the attack on the armed citizenry is as pressing as the “how”—the strategies employed. It all goes back to Government’s lust for “power” and “control” over the common people. The Globalists and their puppets in Government treat people like random bits of energy that require a firm hand lest common people get “out of hand.” The fear of the Tyrant is always that the common people will revolt against his Tyranny.

The “sticky wicket” for the Globalists is the Second Amendment to the U.S. Constitution.

It serves, one, as evidence of the sovereignty of the American people over their Government, Federal, State, or local, and serves, two, as a mechanism to thwart the rise of tyranny. The Second Amendment, unlike the First or any other Amendment in the Bill of Rights. Has a tenacity that, when unleashed, a ferocity that scares the dickens of the proponents of a world empire and world domination, as well it should.

In this second half of the Biden Administration regime, we are seeing more and more emphasis placed on reining in the armed citizenry. And State Governments under Democrat Party leadership, like that of New York, are fully on board with this. Expect to see more of this, much more, in the weeks and months ahead.

The argument NY Governor Kathy Hochul makes in support of the Concealed Carry Improvement Act (CCIA) boils down to these two propositions:

  • People are afraid of guns and of average law-abiding, rational, responsible gun owners who keep and bear them.
  • Average law-abiding, rational, responsible gun owners pose an imminent threat to public safety and order.

Concerning the first, if some Americans happen to fear guns and those who exercise their fundamental, unalienable right to armed self-defense—indeed, if any American should happen to register such fears—those fears aren’t the product of something innate in a person, but, rather, are the product of an elaborate, concerted well-coordinated, and executed plan.

The question of why such psychologically damaging programs would be initiated by and ceaselessly and vigorously propagated by the Federal Government and many State Governments against the civilian population has nothing to do with a desire on the part of the Government to secure the life, health, safety, and well-being of Americans.

Rather, it has everything to do with carrying out a plot focused on the demise of a free Constitutional Republic, the only one like it in existence, the dissolution of our Constitution, and the subjugation of our people to the dictates of a new order of reality: the rise of a neo-feudalistic global empire.

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