If there were, Bloomberg wouldn’t have to astroturf it

There Is No Firm, Sustained Support for Gun Control.

A frequent talking point in the gun control debate is that Americans overwhelmingly support “common sense” gun control measures, such as universal background checks and red flag laws. The Biden administration referenced these surveys last month, when it announced that $231 million will go to states that enact “red flag” laws and push gun control policies. These surveys are constantly invoked in legislative hearings and in the media. But surveys often compress complicated bills down to one-sentence summaries, and the results are often unreliable.

Gun control advocates claim that over 90% of Americans support universal background checks, which would require checks for privately exchanged firearms. Fact-checkers from Politifact and Snopes support these claims. When asked why Congress won’t pass a universal background check law, academics point to the lobbying power of the National Rifle Association.

But in 2016, despite billionaire Michael Bloomberg‘s overwhelming financial backing, ballot initiatives for universal background checks failed in Maine by 4% and won in Nevada by less than 1%. In both Maine and Nevada, the background check initiatives had far more financial support, and the media was overwhelmingly sympathetic to the cause.

If the surveys conducted by gun control advocates were accurate, these should have been easy wins. But surveys often ask very simple questions such as, “Do you support or oppose requiring background checks on all gun sales or transfers?” The actual laws in question, however, can run for dozens of pages and are far more complicated than one-sentence summaries imply.

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Oklahoma House Republicans vote to expand a person’s right to self-defense with a firearm

House Republicans advanced a bill Thursday to extend the area where a person can defend themselves with a firearm, an expansion of the so-called “castle doctrine” that has been a top priority for pro-gun groups for years.

House Bill 2049 changed the definition of “dwelling” from a building or house to the edge of the property line, possibly justifying a person’s use of deadly force to protect themselves as long as they are on land they own or rent.

Also referred to as “stand your ground laws,” Oklahoma law does not require a person to leave a situation if they feel threatened. Instead, current law states someone has a right to stay and shoot a person who is threatening their safety, as long as they are in their home.

Rep. David Hardin, R-Stilwell, the bill’s author, said that the expectation of self-defense should include the entire property.

“This is a simple bill … on your property if you feel that your life is threatened you have a right to protect yourself,” Hardin said. “This bill was never intended where you could just walk out and shoot anybody on your property. But if that person confronts you with deadly force, then you would be allowed to use deadly force.”

The bill now heads to the state Senate for consideration.

Democrats, who voted against the bill, expressed concern that innocent encounters, possibly with trick-or-treaters or hikers mistakenly coming onto private property, could end in a shooting death.

Rep. Monroe Nichols, and other state House Democrats, gathered for a news conference on June 2, 2022, to call for gun control measures.
“Maybe I’ve been watching too much ‘Yellowstone,'” said Rep. Forrest Bennett, D-Oklahoma City, referring to the violent television show that centers on property rights disputes in Montana. “But can you understand that there is some concern that this definition really opens this up to the possibility of unsafe actions?”

Hardin disputed those claims, saying any shooting would still be investigated by law enforcement and a person would be held accountable if it were determined their life or safety was not at risk.

Pro-gun groups have lobbied for the bill, including the Oklahoma Second Amendment Association.

Useless law that won’t stop anything.

Bill to help stop minors from accessing firearms heads to NM governor
The bill was named after Bennie Hargove, a middle school student whose classmate fatally shot him in 2021 using his father’s gun

Gun safety legislation is on its way to the governor’s desk for a signature.

Bennie’s Bill, which would make it a crime for allowing a firearm to be accessible to a minor, passed with concurrence through the House by a vote of 34-28 on Wednesday evening.

The bill was named after Bennie Hargove, a middle school student whose classmate fatally shot him in 2021 using his father’s gun.

This bill would make it a misdemeanor for anyone to negligently have a firearm be accessible to a minor, and a fourth-degree felony if the minor who uses the gun significantly harms another person or themself.

There’s a list of exceptions, including if the gun was kept in a locked container, securely stored or in an inaccessible location; if a firearm was used in self-defense; or in the case of an illegal entry on someone’s property.

A Senate amendment included in the bill that passed from Sen. Steven Neville (R-Aztec) last week added an exception that would allow a minor to use a firearm for hunting, recreationally or any other lawful purpose.

Rep. Stefani Lord (R-Sandia Park) asked repeated questions about the extent and technicalities of this clause.

Rep. Pamelya Herndon (D-Albuquerque), the bill’s sponsor, went back and forth with her colleague about the amendment before she said Neville could better explain the proposal.

However, Sen. Neville wasn’t present at the House floor meeting.

“I’m actually trying to get honest answers so when I go home and explain this, I want to make sure that none of our parents are committing a crime,” Lord said. “I don’t want that to happen.”

Lord asked if she should just wait for Neville to come to the House floor. In response, House Speaker Javier Martinez (D-Albuquerque) told someone to call Neville.

Martinez recommended that Lord continue with her questions and reminded the representatives that the bill still has to be signed by the governor and will take several months to even become law.

“We’ve got plenty of time to get a one-pager from the senator as to the technical aspects of this amendment,” Martinez said.

Bruen’s “chaos” is a much-needed correction

Ahead of four decisions on California gun laws that are expected to soon be released by U.S. District Judge Roger Benitez, the Los Angeles Times is advancing the narrative that the Supreme Court’s Bruen decision is sowing “chaos” in the courts. But as we discuss on today’s Bearing Arms’ Cam & Co, upending the untenable status quo is a good thing, particular given how the judiciary has abused “interest balancing” tests to regularly uphold infringements on a fundamental right.

Reporter Kevin Rector’s coverage of how the courts have dealt with the Supreme Court’s edict that those interest balancing tests are inappropriate is clearly slanted; not only in the front-page story itself, but he promoted his piece on social media.

Yes, SCOTUS has rejected the interest-balancing tests that many lower courts adopted after the Heller decision in 2008, but as Justice Clarence Thomas made clear in Bruen, that was never the appropriate test when it comes to gun control laws”

Since Heller and McDonald, the Courts of Appeals have developed a “two-step” framework for analyzing Second Amendment challenges that combines history with means-end scrutiny. The Court rejects that two-part approach as having one step too many. Step one is broadly consistent with Heller, which demands a test rooted in the Second Amendment’s text, as informed by history. But Heller and McDonald do not support a second step that applies means-end scrutiny in the Second Amendment context. Heller’s methodology centered on constitutional text and history. It did not invoke any means-end test such as strict or intermediate scrutiny, and it expressly rejected any interest-balancing inquiry akin to intermediate scrutiny.

What Rector (and the vast majority of the sources he spoke to) object to is the fact that the Court’s explicit instructions to discard those interest-balancing tests in favor of a text, history, and tradition test puts laws like California’s ban on so-called assault weapons on shaky legal ground. No longer can the courts decide that even though a particular gun control law intrudes on the Second Amendment rights of citizens, it’s okay because the government has an interest in promoting public safety. Now those laws must be justified through the historical record; something that is going to be difficult given that the gun control movement is a fairly modern creation.

“This new ‘history and tradition’ test that the Supreme Court established last June is wreaking havoc on America’s gun laws,” said Adam Winkler, a UCLA law professor who focuses on 2nd Amendment law. “Instead of having a reasonable debate over whether a ban on assault weapons is good policy or not, we have to debate whether a ban on assault weapons has historical antecedents.”

With all due respect to Winkler, the courts aren’t the right venue for a “reasonable debate” on the policy of a gun ban. Legislators can and will continue to debate banning “assault weapons”, but it’s up to the judiciary to determine if those laws are constitutionally sound. And as much as the law professor complains that Bruen is wreaking havoc on gun laws, I’d argue that when appellate courts like the Ninth Circuit refuse to ever find a gun control law unconstitutional the judiciary is wreaking havoc on a fundamental civil right.

The Bruen decision will not lead to every gun control law being overturned, as disappointing as that might be for Second Amendment advocates. Heck, the Court said that “shall issue” concealed carry regimes are presumptively constitutional, and the justices pointed to places like schools, legislative assemblies, and polling places as locations that could likely be labeled “sensitive places” without much legal trouble. But the Court’s opinion should also take an “assault weapons” ban and many other modern inventions of the gun control lobby off the table, at least if judges are willing to abide by what SCOTUS had to say.

As we’ve seen in places like Oregon, though, some judges are still finding new and creative ways to uphold gun control laws by stretching the boundaries of an historical analogue beyond credulity. Bruen may have put the lower courts on notice, but as valuable a course correction on Second Amendment jurisprudence as it might be, it can’t and won’t be the last word for the Court on our right to keep and bear arms.

New Mexico: Waiting Period and Firearms Industry Lawsuit Bills on Deck Again in Senate Committee on Wednesday!

House Bill 101 (Semi-Auto Ban & Magazine Limit Bill NOT on House Judiciary Committee Agenda for Wednesday)

On Wednesday, March 8, the Senate Judiciary Committee will hold public hearings on two extreme measures that target law-abiding citizens and the firearms industry:

Senate Bill 427 by Sen. Joseph Cervantes (D-Las Cruces), imposes a 14-day waiting period on all firearm purchases, with an exception for concealed handgun licensees. Like House Bill 100, this measure will add nothing to the existing FBI background check process and will only delay your ability to exercise your Second Amendment right to defend yourself, your family and your property. This would make for the longest firearms purchase waiting period in the entire country!  For more information on this proposal, click here.

Senate Bill 428 by Sen. Joseph Cervantes (D-Las Cruces) creates a hostile climate for lawful firearm-related industries and transactions by facilitating an increasing amount of litigation and claims, with vastly increased liability exposure and civil penalties, for even minor suspected violations of the terms of an FFL or the law as the basis for Unfair Trade Practices Act proceedings. For more information on this bill, click hereThis legislation was significantly amended in committee; we will report back to you on the impact these changes have on the bill and what action items need to be taken on the measure.

Make plans to attend the committee hearing via zoom or in-person. The committee will meet at 1:30pm or upon adjournment of the Senate in Room 321 of the Roundhouse.  For public participation and to register for Zoom send an email to SJC.Zoom@nmlegis.gov. Include the bill number, that you’re an opponent and if you will be attending in person or via zoom. To attend meeting via Zoom click the following link:

https://us02web.zoom.us/j/81502543362.
Meeting ID: 815 0254 3362
Zoom Call: 1-253-205-0468.

Kentucky: Campus Self-Defense Goes to House Floor

Today, the House Veterans, Military Affairs, and Public Protection voted 16-3 to pass House Bill 542 with a committee substitute, to ensure that law-abiding adults are not stripped of their right to self-defense when they cross an arbitrary boundary onto a college campus. It now goes to the House floor for further consideration. Please contact your state representative and ask them to SUPPORT HB 542.

House Bill 542 PHS 1 prohibits colleges, universities, and post-secondary education facilities from restricting Second Amendment rights. Current state law does not prohibit law-abiding adults from carrying defensive firearms on campus, but institution policy may lead to expulsion or termination of employment. Adults who are officially licensed to carry a firearm for self-defense should not be prevented from doing so just because they seek higher education.

Again, please contact your state representative and ask them to SUPPORT HB 542.

Missouri: Committee Hearing Public Transit Self-Defense

On Wednesday, the House Emerging Issues Committee will hear House Bill 282, to ensure law-abiding citizens may carry firearms for self-defense on public transit. Please click here to file witness forms to support HB 282. 

In addition, please contact committee members and ask them to SUPPORT HB 282.

House Bill 282 removes the prohibition on law-abiding citizens carrying firearms for self-defense on public transit property and in vehicles. In addition, it allows law-abiding citizens to transport unloaded or non-functioning firearms on buses. This repeals an arbitrary “gun-free zone” that does nothing to hinder criminals while leaving law-abiding citizens defenseless, and it ensures that citizens with varying commutes throughout their day, and of various economic means, are able to exercise their Second Amendment rights and defend themselves.

Again, please file witness forms and contact committee members and ask them to SUPPORT HB 282.

The most ridiculous “I’m a gun owner, but” ever?

The gun prohibition lobby loves to claim that the vast majority of gun owners support their “reasonable” infringements on an inherent individual right, to the point that they even create their own astroturf groups like “Gun Owners for Safety” and the now-defunct American Hunters and Shooters Association.

The whole point of these outfits is to advance that narrative, and one of the most common tactics is the “I’m a gun owner, but” argument. You’ve seen it countless times. “I’m a gun owner, but I support ‘commonsense measures’ like”:

  • making it a criminal offense to possess commonly-owned firearms and magazines
  • prohibiting lawful concealed carry almost everywhere in public
  • making it more expensive to purchase, possess, and even train with a firearm
  • holding firearms manufacturers liable for the actions of violent criminals

I’m reasonably sure that attorney and columnist Mario Nicolais would be in favor of each and every one of those things, because his own “I’m a gun owner, but” narrative goes much further. Writing at the Colorado Sun, Nicolais says he’s a gun owner, but he wants the state to tell him to turn ’em in.

As I have written, the Colorado Republican Party is dead. While I am sure the ghosts of 2013 recall elections still haunt some Democrats, the fear of the next child dead from a gunshot wound should scare them more. They are not going to lose their majorities in the next decade, if ever. They may even solidify them if they take even more direct action.

That means getting assault-style guns off the streets. It means cracking down hard on handguns. It means going after ghost guns and criminals who resort to violence.

I happen to be a gun owner. But I have also run through a Las Vegas casino afraid of an active shooter, texted with my wife as she hid huddled inside a classroom as a gunman walked outside, and paid attention as an officer married to a high school friend has recovered after being shot in the neck by an assailant.

I would hand over my gun if the legislature took action.

Why wait for the legislature to do something? If Mario Nicolais doesn’t want to own a gun, no one is stopping him from selling it or even melting it down to turn into a garden trowel or something like that.

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No-permit concealed carry advances in Nebraska Legislature

After years of trying to pass a bill to allow people to carry concealed guns in Nebraska without a permit, conservative lawmakers are on the cusp of doing so, thanks in part to the defection of two Democratic Omaha senators — the only Black lawmakers in the body — who cited racial disparity in enforcing gun laws in their districts.

After three days of debate, lawmakers voted 36-12 Friday to advance the bill. It must survive two more rounds of debate to pass.

While the bill would not usurp the federal requirement for a background check to buy a gun, it would allow people to carry guns hidden in their clothing or vehicle without having to pay for a government permit or take a now-required gun safety course. It also would override stricter gun laws in the state’s cities, including in the state’s largest city of Omaha, which requires a conceal carry license for anyone carrying a gun in a car — even if the gun is in open view.

It’s that Omaha law that spurred Omaha Sens. Justin Wayne and Terrell McKinney to break party ranks and support the bill.

“How many young African American and Latino kinds are affected by Omaha’s gun laws?” asked Wayne on the Senate floor. Young Black people in Omaha are often charged with gun possession violations when a gun that’s not theirs is found in a car they’re riding in, Wayne said.

The practice, known in law enforcement circles as “bumping up,” disproportionally affects people of color, he said.

“When they’re talking about bumping up kids in Omaha, they’re not talking about kids in Bennington,” Wayne said, referring to the overwhelmingly white bedroom community north of Omaha. “They’re not talking about kids in western Nebraska.”

McKinney said the creation of early gun control laws in the U.S. “was out of fear of Black people.”

“I’m not going to sit here and not try to fight for my community,” he said. “The police don’t care about Black people.”

Sen. Tom Brewer of Gordon — the bill’s conservative sponsor who has tried since 2017 to pass it — backed McKinney’s comments, citing colonial American laws that criminalized arming Native Americans. Brewer is an Oglala Lakota Tribe member and Nebraska’s only Native American lawmaker.

Currently, 25 other states have so-called constitutional carry laws that allow people to carry concealed guns without a permit. Last month, the Republican-controlled South Carolina House voted to pass that state’s own constitutional carry bill.

The Nebraska bill is opposed by the cities of Omaha and Lincoln, where the majority of gun violence occurs, and their police chiefs, who have said the measure will make their cities less safe.

Nebraska already allows gun owners to carry firearms in public view, as long as they don’t have a criminal record that bars them from possessing one and aren’t in a place — including churches, courthouses and private businesses — where guns are prohibited. To legally conceal the gun, Nebraskans are required to submit to a Nebraska State Patrol background check, get fingerprinted and take a gun safety course at their own expense.

Most bills need 33 votes to pass in Nebraska’s unique one-house Legislature. There are currently 17 Democratic lawmakers in the officially nonpartisan body — enough to successfully filibuster most bills if they all vote together.

But two other Democrats joined Wayne and McKinney in voting for the permitless conceal carry bill, including Omaha Sen. Mike McDonnell, a former Omaha firefighter union president who switched to support the measure after the Omaha police union pulled its objection to the bill. Democratic Sen. Lynne Walz, of Fremont, abstained from voting.

A spokesperson for Republican Gov. Jim Pillen’s office said Friday that the governor supports the bill and would sign it into law if it passes.

Kostas Moros

Few baseless claims are more frustrating than the idea that anyone who cares about the right to keep and bear arms “doesn’t care about people being murdered” and that we somehow support mass shooters.

No, we hate those vile lowlifes so much that we want them to be promptly shot in the head when their rampage begins, and not ten minutes later when the police arrive and the harm is already done.

There have been many examples of armed good Samaritans either preventing mass shootings entirely, or cutting short ones that would have hurt or killed many more people. Unfortunately, too many states preemptively disarm good samaritans by either making CCW permits hard to get, or by allowing “gun free zones” to proliferate, where killers know they are unlikely to meet armed resistance.

Also too often, the media does not cover prevented mass shootings with anywhere near the same attention as they do completed atrocities. That’s a shame, given we know that a big chunk of mass shooters are obsessed with becoming infamous. They need to be made aware that their vision of twisted glory can commonly end with Dicken-style humiliation.

Stop fearing them. Instead, it’s long past time we make these dirtbags afraid.

Gun Registration is for Confiscation

Quote of the Day

If we had gun registration, if we were able to track purchases, they have a technology that every bullet could be stamped like a fingerprint, if we had an ATF that wasn’t defunded, we would be able to enforce gun laws more effectively and we would be able to solve gun crimes more effectively.

Jon Stewart
March 3, 2023
Jon Stewart Brutally Confronts Republican Lawmaker Over Gun Deaths

“If”.

The object of the first two “if” statements is false and will continue to be false for a long time in the future, if not for a century or more. And I can see a plausible future where the ATF is, at least, not just underfunded, from Stewarts view, but stripped of the letter ‘A’ in its name.

And how many crimes have been solved using gun registration in Hawaii or Canada?* The numbers I have heard have been zero and one. So, what color is the sky in Stewarts universe?

Or, a better question, what is the nature of his evil intent? The only reason for gun registration is confiscation.

However the best question is, will he continue to waste oxygen on this and related topics after judges strike down any law that hint at registration. We already have a gun serial number law struck down. How does Stewart think registration is possible with no serial numbers?


* Gun Violence Research, GVPedia, claims it is MYTH: Firearm registries never helped solve a crime. But it is very telling they dance around the question without ever answering it affirmatively:

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MSU professor illustrates problem with gun control advocates

The state of Michigan was likely to adopt gun control either this year or next regardless of any other factor. The shooting at Michigan State University, however, simply provided a handy pretext for anti-gun voices to rally around.

A prime example is one professor who issued his own call for gun control recently.

Marco Díaz-Muñoz, an assistant professor at Michigan State University whose classroom was attacked by a gunman, encouraged Michigan lawmakers Thursday to do the “right thing” and the “humane thing” by enacting new gun control measures.

Díaz-Muñoz, 64, was teaching a class in Berkey Hall about Cuban cultural identity on Feb. 13 when the gunman opened fire, killing two students. For the entirety of the evening, the mass shooting on the university campus in East Lansing left three students dead and wounded five others.

It was the darkest event of Díaz-Muñoz’s life, he told members of the Michigan Senate’s Civil Rights, Judiciary, and Public Safety Committee.

“Before the tragic events at MSU, I was already a supporter of sensible gun control laws,” Díaz-Muñoz said. “However, my experience that night has strongly solidified my belief that gun control laws are an absolute necessity to stop the senseless killings that occur on a daily basis in this country.”

First, I have to ask, how many people think a college professor at a major university teaching “cultural identity” didn’t support gun control before the shooting happened? Show of hands.

Yeah, kind of what I thought.

Of course, he kind of admits that when he says it “solidified” his belief, but anyway, that’s not what I want to talk about anyway.

See, Díaz-Muñoz’s comments are predicated on something that gun control advocates have seemingly been basing all their rhetoric on for years.

It’s like they actually think we agree that gun control works.

There’s nothing in Díaz-Muñoz’s comments that suggests that he’s trying to convince anyone that regulation is the right course of action. Instead, it looks as if, in his mind, the matter is already settled.

Look, “everybody knows” is a terrible way to argue in favor of something. It’s a pretty good Leonard Cohen song, but a terrible way to argue.

Now, Díaz-Muñoz is just one example, but he’s far from the first.

Anti-gunners love to stomp and scream that we need to pass gun control, and that failing to do so will result in “senseless killings” and such, but there’s no real argument there. There’s nothing to convince those of us who disagree to change our minds.

Unless, of course, they actually think we believe gun control works and are refusing to embrace it because of other reasons.

And even if I thought gun control worked, I’d likely still oppose it because our rights cannot be set aside so easily.

Yet I don’t think it works. Quite the contrary, actually, I’ve seen ample evidence to believe it doesn’t. But the arguments never seem to address this. For many of them, it’s a foregone conclusion, a universal truth, that gun control stops mass shootings.

Never you mind about the two in California just days apart. Don’t talk about how it failed to stop either them or the Buffalo killer, as just a couple of examples. No, those are irrelevant and you shouldn’t fret about those cases.

Instead, you should just…what? Take their word? Take the word of seriously flawed and biased studies?

Well, we don’t. We’re unconvinced, and when Díaz-Muñoz simply demand that we capitulate and give up our rights for their peace of mind, well, we’re even less convinced.

But this is what the gun control side’s arguments typically are. They’re people stomping and screaming like spoiled children because we won’t do what they tell us to, and about the only reason I can find for them to do such is because they think their position is so self-evident that they don’t need to defend it.

They’re quite wrong.

IN SELF-DEFENSE
ARMED CITIZENS ARE FIGHTING BACK

There are now 25 states with so-called “Constitutional carry” and Florida appears to be approaching permitless carry, which translates to more citizens soon being able to carry defensive firearms without having to jump through the hoops of a licensing process.

There is another translation: Criminals, be careful … be very careful. In fact, now might be a good time to reconsider your career choices and see if the hardware store is hiring.

I routinely report on the number of active concealed pistol licenses in my home state of Washington, and following a slight end-of-year dip reported Jan. 3, the number has been steadily climbing. Last month, a whopping 698,186 active CPLs were reported by the state Department of Licensing.

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Gov. DeSantis Says He’d Like Open Carry Added to Constitutional Carry Bill

On Thursday, Gov. Ron DeSantis (R) told Gun Owners of America (GOA) that he would like to see open carry added to the constitutional carry legislation currently making its way through the Florida legislature.

GOA’s Luis Valdes asked DeSantis if he would support open carry being added to the constitutional carry legislation, the Tampa Bay Times reported.

DeSantis responded, “Yeah, absolutely.”

He added, “I don’t think they’re going to do it, but I would absolutely.”

The Times noted that DeSantis spokesman Bryan Griffin did not address the GOA recording but stressed that DeSantis hopes to sign constitutional carry into law.

Griffin also observed that DeSantis referenced constitutional carry in August 2022, which is when the governor noted, “It really requires the Legislature to get it to my desk.”

Breitbart News noted that constitutional carry legislation is currently on the move in Florida, Nebraska, and South Carolina. The legislation in Florida is focused on permitless concealed carry while the legislation in Nebraska and South Carolina focuses on open or concealed.

There are currently 25 constitutional carry states in the Union. Those 25 are: Alabama, Alaska, Arizona, Arkansas, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Maine, Mississippi, Missouri, Montana, New Hampshire, North Dakota, Ohio, Oklahoma, South Dakota, Tennessee, Texas, Utah, Vermont, West Virginia, and Wyoming.

Biden is living in a little fantasy world where he believes his wish is law.

Biden takes fire after vowing to ‘ban assault weapons’

President Joe Biden pledged in a speech late Wednesday to ban “assault weapons,” but critics were quick to push back.

Biden made the statement during his remarks at the House Democratic Caucus Issues Conference.

“I know I make some of you uncomfortable, but that little state above me, in Delaware, is one of the — has the highest rate — one of the highest rates of gun ownership,” Biden said. “But guess what? We’re going to ban assault weapons again come hell or high water.”

Biden also called out “high-capacity magazines.” Those comments sparked pushback from critics who pointed to their Second Amendment protections.

“The loss of life is a tragedy whenever it occurs,” U.SS. Rep. Bob Good, R-Va., told The Center Square in response to Biden’s comments. “At the same time, the Second Amendment is not subject to interpretation by bureaucrats in Washington and cannot be taken away by Congress. Rather than confiscating firearms from law-abiding Americans, our priorities should be to protect and equip our police and crack down on violent crime.”

Biden has taken a series of executive actions pushing the boundaries of his Constitutional authority, such as the eviction moratorium and COVID mandates, leading to legal challenges and rulings pushing back on Biden’s agenda.

The U.S. Supreme Court has recently bolstered gun rights. Last summer, the high court struck down a New York gun law that required residents to prove they had “proper cause” to receive a permit to carry a firearm outside the home.

As The Center Square previously reported, the court ruled 6-3 with Chief Justice John Roberts writing the opinion. Roberts wrote that the court “recognized that the Second and Fourteenth Amendments protect the right of an ordinary, law-abiding citizen to possess a handgun in the home for self-defense.”

Sens. Dianne Feinstein, D-Calif., Richard Blumenthal, D-Conn., and Chris Murphy, D-Conn., in January introduced the “Assault Weapons Ban,” which would “ban the sale, transfer, manufacture and importation of military-style assault weapons and high-capacity magazines and other high-capacity ammunition feeding devices.”

“It’s time we stand up to the gun lobby and remove these weapons of war from our streets, or at the very least keep them out of the hands of young people,” Feinstein said in a statement.

A companion bill has support from more than 200 Democrats but has not passed either Chamber this Congress.

“President Biden didn’t have the votes in Congress to get this ineffective and patently unconstitutional measure passed even when Democrats controlled the House,” Amy Swearer, Heritage senior legal fellow, told The Center Square. “He certainly doesn’t have the votes now, when the most recent polls show support for this type of law is lower now than it was in previous years. Unless the president plans on stripping Americans’ Second Amendment rights via executive fiat (a real ‘come hell, high water, or constitutional crisis’ scenario), then it’s difficult to see this as anything more than the President once again blowing smoke on behalf of Gun Control, Inc.”

Texas lawmaker tries emotional blackmail to push gun control

The state of Texas has been rocked to its core by the shooting at Robb Elementary School in Uvalde. There’s no mystery why a lot of people are upset.

However, most lawmakers in the state aren’t suddenly shifting with the currents like a windsock at the airport. They’re holding firm to what they think is the right way forward.

That’s a problem for anti-gun lawmakers in the state, though, and some will say anything they can to try and force their colleagues to change their minds.

With the Lone Star State suffering mass shootings with what some call “numbing regularity”, Democratic lawmakers are proposing what they see as “common sense” measures to reduce the number of gun deaths.

“This has to stop. We have to stop the bleeding,” said Houston State Senator Carol Alvarado.…

Among the control measures – increasing the age from 18 to 21 for the purchase of semi-automatic rifles, a “Red-Flag” law to keep guns out of the hands of the mentally unstable, a 72-hour “cooling off” period after buying a firearm, and a mandatory background check for all gun sales.

“The fact that we are sitting here and have the ability to do something to help their grieving and to help stop the mass shooting and we don’t do anything, that’s on us,” said Alvarado.

That is absolutely disgusting.

First, let’s understand that this whole line of “reasoning,” if we can even call it that, is predicated in part on the assumption that everyone actually thinks gun control works, particularly these bills, they’re just not going along with it for whatever reason.

I assure Mrs. Alvarado, we do not.

Yet what bothers me most is this whole guilt trip he engaged in to try and pressure his colleagues. The parents are grieving and they can somehow help simply by forfeiting people’s rights?

Holy crap, that is both the worst argument I’ve ever seen and the most vile.

It’s an attempt at emotional blackmail. “How dare you! You could have eased their suffering if you weren’t such a cold, heartless bastard!”

Again, it’s disgusting.

Imagine the outrage if a lawmaker pushing an anti-abortion bill used a similar talking point. “These parents here lost their daughter when she died after having an abortion. The fact that we are sitting here and have the ability to do something to help their grieving and we won’t do anything, that’s on us.”

There would probably be rioting in the streets over the comment, yet for those who want to see gun control and would lose their minds at my hypothetical example, how is it any different? How?

No, Alvarado made her comment and no one will hold her accountable for it. Even if there was no counterpoint to provide, it wouldn’t somehow make his comments accurate or forgivable.

We do not give up our rights to appease someone’s grieving. We may sympathize with their loss, as we should, but that doesn’t give anyone license to run rampant over our right to keep and bear arms.

And emotional blackmail won’t change that.

I’ll take “Because They’re Stupid” for $500, Alex

Why Gun-Control Activists Can’t Have Intelligent Discussions

David Hogg, co-founder of the March for Our Lives gun-control group, recently tweeted what he thinks the Second Amendment means.

“After reading about the history of the second amend and talking with a lot of hist & law professors- I believe the second amendment has been intentionally misinterpreted. It was never meant as an individual right it was created to protect state militias like the national guard,” read Hogg’s tweet.

That legal theory he is parroting has been debunked by historians, by many legal scholars and by the U.S. Supreme Court.

The U.S. Supreme Court’s majority opinion in District of Columbia v. Heller (2008) clearly said, “The Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home.”

What Hogg tweeted next further demonstrated his ignorance.

“It says well regulated militia for a reason. The ‘shall not be infringed’ part means the federal government is not allowed to forcibly disarm state militias. I’m not alone in this interpretation. Over 100 years of jurisprudence back me up on this,” read Hogg’s follow-up tweet.

“Hogg mentions ‘jurisprudence,’ but it seems he does not really understand the term. When contemplating the philosophy of law in the United States as it relates to the Second Amendment, the longest held view of what it protects is an individual right; a view that goes back more than 230 years. There are countless quotes from our Founders—many of whom were deeply involved in the process of writing, debating, and ratifying the Second Amendment—referring to the right of individuals to possess firearms. Even those quotes that mention a ‘militia’ do so in the context of it being comprised of individual citizens who are expected to supply their own arms,” reported the NRA Institute for Legislative Action (ILA).

NRA-ILA also cited several other cases in their analysis, before summing up Hogg by saying, “Ultimately, David Hogg is simply another anti-gun activist, and like most others, he is prone to making false claims about a subject for which he has little understanding.”

This militia argument has been so thoroughly debunked that it is disappointing, brain-numbing and counterproductive to have to again refute it, but such is the anti-intellectualism of today’s gun-control movement; unfortunately, this includes, in this case, David Hogg, a student who Time says is now “studying the history of conservative political movements” at Harvard. Given these tweets, he isn’t getting much of an education.

That Warren Burger Quote Gun Grabbers Love Is Ahistorical — Not To Mention Sort Of Fake

Idon’t know how many times people have dropped this alleged quote from the late “conservative” Justice Warren Burger into my social media feeds:

The gun lobby’s interpretation of the Second Amendment is one of the greatest pieces of fraud — I repeat the word ‘fraud’ — on the American People by special interest groups that I have ever seen in my lifetime. The real purpose of the Second Amendment was to ensure that state armies — the militia — would be maintained for the defense of the state. The very language of the Second Amendment refutes any argument that it was intended to guarantee every citizen an unfettered right to any kind of weapon he or she desires.

If you find yourself in a debate over the Second Amendment, sooner or later someone is going to let you know that Burger believed an individual right to gun ownership was one of the “greatest pieces of fraud” perpetrated on the American people. Burger’s line is ubiquitous—it can be found in The New YorkerSlatePoliticoNPR, every major newspaper, and in every anti-gun columnist’s pieces.

The first problem with the popular online iteration of the quote is that it’s actually cobbled together from three separate sources to give it more impact. Don’t get me wrong: Burger is mistaken in all instances, but he is mistaken in different contexts.

The second problem is that the quote often reads as if Burger—the “conservative” who voted with the majority in Roe v. Wade—offered this argument as a member of the Supreme Court. No high-court decision has ever defined the Second Amendment as anything but an individual right. And Burger never uttered a word about the Second Amendment while sitting on the court. For that matter, he never rendered a gun decision on any court, nor ever wrote a legal paper on the issue. And it shows.

Then again, the “collective right” theory was only a recent invention of revisionist historians and anti-gun activists when Burger adopted it. It’s also a tough one to sell to anyone who cares about history. Nearly every intellectual, political, and military leader of the founding generation, from John Adams to Thomas Jefferson to Benjamin Franklin to George Mason to Samuel Adams to George Washington to Patrick Henry to James Madison and so on, is on the record defending the individual’s right to bear arms. There is not a single record of anyone in that era challenging the notion.

Anyway, the part of the quote about the gun lobby is taken from a 1991 PBS interview in which Burger erroneously argues that the 18th-century conception of “well regulated” was the same as the contemporary one. The notion that the state, much less the federal government, would be empowered to “regulate” what kind of weapons you owned would have been alien to a person in 1789. “Well regulated” simply means a well-pulled-together militia, rather than a rabble.

Burger maintains that the real purpose of the Second Amendment was to ensure that state armies would defend state populations. This is an ungrammatical and ahistorical reading of the amendment. Sure, there was a debate over standing armies and control of the militias. But, as the late Justice Antonin Scalia pointed out in Heller, “the right of the people to keep and bear Arms, shall not be infringed” is the operative clause in the Second Amendment. The “well regulated Militia” part is the prefatory clause.

It makes zero sense to read the prefatory clause as a nullification or even limitation of the operative clause. It is tantamount to arguing that because the First Amendment says Congress shall make no law respecting an establishment of religion, it’s not an individual right to petition the government for a redress of grievances.

The Second Amendment explicitly mentions “the right of the people” — people who generally used their own weapons as militiamen — just as it does elsewhere in the Bill of Rights when protecting individual rights. Many colonies enshrined the individual right to bear arms in their constitutions before the Bill of Rights was even written, most of them in much more explicit terms. No state defined it as a collective right. Some Federalists argued that special protections in the Bill of Rights were unnecessary because there were so many guns in private hands that it was unimaginable any tyrannical army could ever be more powerful than the public.

The other two parts of the quote are lifted from different passages in a column Burger wrote for the Associated Press. Here the former justice expands on his idea that guns should be regulated like cars.

“[A]lthough there is not a word or hint in the Constitution about automobiles or motorcycles,” Burger says, “no one would seriously argue that a state cannot regulate the use of motor vehicles by imposing licensing restrictions and speed limits based on factors of driver’s age, health condition, and driving record, and by recording every purchase and change of ownership.”

It is because automobiles and motorcycles — or transportation as an ideal — are not explicitly protected by the Constitution that you can heavily regulate those things. The better analogy would be due process or speech rights. (Although Burger wasn’t a great fan of the First Amendment, either.)

Besides all that, Burger should have known that Americans, even in 1991, did not have “unfettered” access to “machine guns.” In 1986, the Firearm Owners’ Protection Act law made ownership of fully automatic weapons pretty rare.

Burger also should have known that the Gun Control Act of 1968 established the first federal age limits for buying guns. Today there are tens of thousands of laws regulating gun ownership in the United States. That is not “unfettered” by any definition.

In fact, it doesn’t seem like Burger knew very much about the topic at all.