Category: RKBA

The ‘epidemic’ is not that there are committees of vigilance roaming the streets – a blatant canard since, if true, would likely reduce crime – but that there are criminal street gangs roaming the streets of major metropolitan cities, shooting up each other’s members (as well as a lot of unintended targets) with the membership demographic causing the majority of this; black men, ages 14 to 35.

The ACLU Claims the Second Amendment Is Racist, But Gun Control Has the Real Record on Systemic Oppression
To date, black Americans are more likely than any other group to suffer the adverse impacts of gun control laws.

The ACLU fired shots on Twitter last month, claiming that the Second Amendment is “racist” alongside an article and podcast episode that posed the question “Do Black People Have the Right to Bear Arms?”

The article, written by Ines Santos, claimed that gun violence in America — which she labeled an “epidemic” caused by widespread “vigilante” firearm ownership — negatively impacts black people because of racially discriminatory policing. “What is absent in the intense debates on gun rights in America is the intrinsic anti-blackness of the unequal enforcement of gun laws,” she wrote.

Santos went on to say that racism determined the Second Amendment’s inclusion in the Bill of Rights.

These are hefty charges worth examining. Let’s break down the claims made here and review the history.

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Numbers Don’t Lie. Public Safety Concerns Driving Gun Sales.

Americans are sending a message of their own, despite President Joe Biden’s continued push to restrict their Second Amendment rights. They are choosing to protect themselves.

Two key markers demonstrate Americans in 2021 are voting with their wallets and politicians would be wise to take note. Gun sales continue at elevated levels and if elected officials don’t take heed, they could find themselves out of elected office and looking for work.

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Well, the people that voted for the proggie politicians who came up with this law are the expatriates from states that were turned into cesspools by the proggie politicians they voted for there.

It Just Got Harder for Law-Abiding Citizens to Buy a Gun in Colorado

“There is no doubt in my mind that millions of lives could have been saved if the people were not ‘brainwashed’ about gun ownership and had been well armed. … Gun haters always want to forget the Warsaw Ghetto uprising, which is a perfect example of how a ragtag, half-starved group of Jews took 10 handguns and made asses out of the Nazis.” — Theodore Haas, Dachau survivor.

When tragedy strikes, it’s human nature to look for ways to prevent the same thing from happening in the future. For example, the March 2021 shooting at a King Soopers in Boulder, prompted lawmakers to introduce and pass three new gun laws in Colorado.

Indeed, one of those laws, HB21-1298 “Expand Firearm Transfer Background Check Requirements,” went into effect on June 29, and is specifically designed to “address the epidemic of gun violence we have seen in Colorado,” said bill sponsor Sen. Julie Gonzales, D-Denver.

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For me, there’s 2 reasons.
1, Reciprocity, as mentioned, for states that don’t have unpermitted carry.
2, Our state lets cities ban open carry , which includes ‘flashing’ (unintended displays) unless a person has a CC permit, then they can open carry, which is weird, but it’s the way the law was written.

3 Reasons You Should Still Have a Carry Permit in a Constitutional Carry State

Governor Greg Abbott recently signed HB 1927, also known as Texas constitutional carry, into law during a ceremony on the grounds of the Alamo, making Texas the 21st state to allow some form of permitless handgun carry. Similar legislation is being advanced in multiple states across the country, and it’s safe to say that the idea of constitutional carry has gained significant traction.

When you consider that as of 2003, Vermont was the only state where you didn’t need some form of permit or license to carry a concealed handgun on your person, it’s clear that the political landscape, at least on the state level, has changed significantly. But even if you live in a state with constitutional carry (or one that is about to), having a permit is still in your best interest.

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Biden’s gun grabber bureaucraps in the Bureau of Industry and Security are going to try and bypass a court ruling to attack 3D printed gun manufacture.

U.S. BUREAU OF INDUSTRY AND SECURITY IMPOSES ‘EAR’ RESTRICTIONS ON 3D PRINTED GUNS

The U.S. Department of Commerce’s Bureau of Industry and Security (BIS) has announced a transfer in jurisdiction over certain technologies that could be used to 3D print firearms.

Earlier this year, the U.S. Ninth Circuit Court of Appeals issued a preliminary injunction that removed such technologies from the U.S. Munitions List (USML) and made them exempt from International Traffic in Arms Regulations (ITAR).

In response, the BIS has now declared that anyone engaged in manufacturing, exporting or ‘furnishing’ 3D printed firearms, are subject to Export Administration Regulations (EAR) instead. To help those currently in possession of the software and machinery needed to produce these munitions stay compliant, the bureau has therefore issued a detailed FAQ, which it “strongly encourages” them to read.

The BIS calls the shots 

In essence, the BIS’ decision to subject 3D printed firearms to EAR regulation was triggered by an injunction issued by a U.S. District Court in Washington back in March 2020, which prevented it from enforcing ITAR rules on any “technical data and software directly related to the production of firearms or firearm parts using a 3D printer or similar equipment.’’

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BLUF:
…there is simply no solid constitutional argument against what the NYSRPA plaintiffs — citing the D.C. Circuit — argued in the District Court:
The law-abiding citizen’s right to bear common arms must enable the typical citizen to carry a gun.

The Supreme Court Briefs That Dismantle New York’s Public Carry Ban.

Sometimes you feel overwhelmed in a good way.

Last week brought an avalanche of amicus briefs in the major Supreme Court gun rights case of New York State Rifle & Pistol Association v. Bruen, which is expected to be the Court’s most important Second Amendment case since the Heller and McDonald decisions more than a decade ago.

Gun control advocates first began getting nervous about this case in the spring, when the Supreme Court agreed to hear the merits of the case under its original name of NYSRPA v. Corlett.

Nearly four dozen briefs were filed in support of NYSRPA’s challenge to New York’s unconstitutional gun control laws. Contributors are, literally and figuratively, all over the map — Asian and African American groups, academics, dozens of states, and many more congressmen and senators.

Never let anyone tell you that the movement for gun rights is marginal, or confined to one demographic.

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55% of Republicans ‘Back Potential Use of Force to Preserve American Way of Life’

A stunning George Washington University poll conducted in June revealed that “Over half of Republicans (55%) supported the possible use of force to preserve the ‘traditional American way of life,’” while also finding that 47 percent of Republicans think there may be a time when “patriotic Americans have to take the law into their own hands.”

Another finding listed in the survey is that Republicans are far less likely (21%) than Democrats (83%) to say that “changing the nation’s gun laws is very or somewhat important.”

As reported by The Hill, “support for principles like free and fair elections, free speech and peaceful protest were nearly unanimous among Democratic and Republican voters.”

However, The Hill also noted, “Republicans were significantly less likely to have a strong amount of faith in local and state elections. Eighty-five percent of Democrats expressed trust in local election officials, with 76 percent saying the same of state officials, compared to 63 percent and 44 percent, respectively, for GOP voters.”

What this survey actually accomplished was to show the continuing, and perhaps widening divide between Democrats and Republicans on gun rights, and how political partisans disagree in their understanding of what the Second Amendment is really about. As grassroots gun rights activists repeatedly remind one another on social media, it’s “not about duck hunting.”

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If I lived in this county in Oregon, I think I’d start a campaign to oust the county commissioners who ‘asked’ for this.

Oregon Judge Rejects Lawsuit Targeting ‘Second Amendment Sanctuary’ Rule

An Oregon county judge has dismissed a case that challenged two gun-rights measures that were passed by voters.

The Columbia County Board of Commissioners asked the court to review the Second Amendment Sanctuary Ordinance (SASO) and Second Amendment Preservation Ordinance (SAPO), which were adopted by the county’s commissioners. Then, Oregon attorney general and lawyers from Everytown for Gun Safety, a gun-control group, issued their own filings and argued the ordinances violated federal and state laws.

But Columbia County Judge Ted Grove ruled (pdf) this week that “while a governing body may seek review of an ordinance … judicial examination still requires a justiciable controversy.”

“Petitioners have not demonstrated such a controversy,” the judge added and said they “seek what amounts to an advisory opinion designed to invalidate their own newly passed ordinance.”

The judge’s decision didn’t address the legality of the measures, which bars Columbia County—located in the northwestern part of Oregon—from enforcing many state and federal gun-control laws.

According to the text (pdf) of the ordinance, it “preserves the right of any person to keep and bear arms as originally understood; in self-defense and preservation, and in defense of one’s community and country, and to freely manufacture, transfer, sell and buy firearms, firearm accessories and ammunition … and protects ancillary rights that are closely related to the right to keep and bear arms protected by the Second Amendment.”

Pro-Second Amendment groups hailed the decision, saying it has national implications.

The Oregon Firearms Federation wrote in a statement that “the Columbia County Court shot down ‘Everytown For Gun Safety,’ Mike Bloomberg’s New York Lawyers, and the usual gaggle of state worshippers and upheld the County’s 2nd Amendment Sanctuary ordinance, an ordinance the county commissioners hoped to torpedo.”

“This is a victory with national implications and a repudiation to the politics of division that Bloomberg and the gun grabbers are so famous for,” the statement added.

Sarah Hansen, a lawyer for the county, told the Columbia County Spotlight newspaper that it’s not clear if the county will try to appeal Grove’s ruling.

The ruling comes as a recent update on the website Sanctuary Counties revealed that more than 60 percent of all counties in the United States are “Second Amendment sanctuaries.”

“We have seen plenty of news about Constitutional Carry, which is another movement that we are actually quite supportive of,” the site said in a June update. “Yet the mainstream news has remained relatively silent regarding the massive Second Amendment Sanctuary movement, which leads us to a few questions.”

I’m of two minds  about this.
1- The 2nd amendment says “the right of the people”, not ‘citizens’ and the courts have applied the other “the right of the people” protections of the Bill of Rights to all, including illegal aliens
2 -Illegal aliens, by definition, are committing a crime, thus are criminals.
Of course, Sr. Perez committed another crime when he lit off his gun in the air, which is also stupid.

It always seems that we get this level of idjitry when dealing with cases involving fundamental rights, doesn’t it?

FEDERAL COURT: 2A DOESN’T APPLY TO ILLEGAL ALIENS

A unanimous three-judge panel of the U.S. 2nd Circuit Court of Appeals on Thursday upheld a lower court’s ruling that the right to keep and bear arms doesn’t apply to individuals who are in the country illegally.

The Manhattan-based Circuit, which has jurisdiction over New York, Connecticut, and Vermont, handed down a 32-page decision this week in the case of Javier Perez, who was appealing a conviction for possessing a firearm and ammunition while in the country unlawfully.

Perez, an undocumented alien, appealed to the Circuit arguing the Second Amendment’s right to bear arms applied in his case. The court reiterated that it did not.

Born in Mexico, Perez entered the country illegally at age 13 and lived in the Brooklyn area for several years, employed as a carpenter. While at one time involved in the Los Ninos Malos street gang, Perez asserts he was not a gang member at the time of his 2017 arrest on weapons charges.

That arrest stemmed from an incident in Brooklyn’s Sunset Park neighborhood when Perez, who was at a summertime barbeque, borrowed a handgun from an acquaintance to break up a nearby gang fight by firing shots into the air. Police were later able to identify Perez from video of the incident and match the gun used, a .380 Davis, by shell casings left at the scene as it had been used in an October 2016 shootings elsewhere in Brooklyn.

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In case anyone still hadn’t realized just how disingenuous, dishonest and/or mentally defective the gun-grabbers are,  Mr Noir presents……….

I truly hope so.

The Duplicitous Ruling Elites Have Awakened the American People

Over the past three decades, a sizable majority of the ruling elites have been preoccupied with self-aggrandizement and cohabitation with the Communist Chinese, ignoring the gradual and now complete domination of many of the nation’s institutions, and most importantly the Democrat party, by American Marxists.

After a premeditated fraudulent election underwritten by the same credulous elites, and with a witless marionette in the White House, these collectivists have been de facto governing the nation since January 20, 2021.  The past six months have revealed that thanks to these Marxists’ mindless allegiance to failed ideology and breathtaking ignorance of the American experience and citizenry combined with the now unmasked duplicity of the ruling elites, there is a massive awakening bubbling to the surface.

This cabal has for the past five years marginalized, physically confronted, and repeatedly accused not only the 75+ million Americans who voted for Donald Trump but any American not in lockstep with them of being racists, fascists, and white supremacists as well as homophobic, xenophobic and among the vilest people on the face of the earth.

What did they do once in power?   Try to bury the hatchet or just ignore this vast swath of the citizenry and hope they go away?  Neither.  They chose to further alienate the bulk of the voting populace.

They are accelerating demeaning accusations and rhetoric and exploiting the January 6th Capitol incursion as a vehicle to isolate and intimidate many of these same Americans.  They are continuing to fuel racial animosity in the hope of further dividing the citizenry and colluding with social media to censor “misinformation.”  Thus, fomenting resentment, ongoing political confrontations, and a determined retaliation at the ballot box in 2022 and 2024.

Committed to changing the demographics of the nation, the American Marxists have flung open the borders and are pushing amnesty as well as ultimate citizenship for upwards of 29+ million illegal immigrants and at least another 2-4 million more every year.  It is immaterial to the Marxists that the vast majority of these illegal immigrants are lacking basic literacy and employable skills.

Currently, 30% of all working families (or nearly 50 million Americans) are low-income but above the poverty threshold.  60% of these are families headed by racial/ ethnic minorities.  African Americans, while 13% of the population (41 million), account for nearly 30% of low-income working families.  Another 39 million Americans live below the poverty level.

Thus, a total of 89 million Americans live in low-income families or in poverty.  The American Marxists, through the Democrat party, claim to be the champion of minorities and low-income families while they plot to ultimately legalize an illegal alien population equivalent to 75% of the current African American population.

The Marxists and the Democrat party do not give a damn about the African American population, native-born Hispanics, and the low-income white working families as the potential votes of the illegal population are more important.  As the voting patterns in 2020 confirmed, these Americans are rapidly awakening and turning on this traitorous cabal as they are becoming acutely aware of being permanently marginalized.

Thanks to the Democrat-Marxist policies of defunding the police, ending cash bail, and curtailing the prosecution of criminals, murder, and mayhem on the streets of America has skyrocketed.  Now that they are in charge of the federal government, it is national policy to actively and solely focus on gun control and disarming law-abiding citizens as the only solution to the increasing violence and criminality.

Currently, 235 million Americans either own or could see themselves owning a gun. The Marxists in the Democrat party believe they can effectively confiscate guns in a nation of 330 million and 3.8 million square miles by doing the following:

1) Putting language in various bills that will in effect create a national registry of all gun owners.

2) Outlawing semi-automatic weapons.

3) Punitively taxing the ownership of guns, magazines, and ammunition making gun ownership unaffordable and requiring a federal license to own a gun.

4) Expanding open-ended red flag laws allowing anyone to file a complaint against someone, ostensibly based on their suspicions, thus allowing the police to seize the guns of the accused prior to any judicial proceedings.

In their zeal to overturn the Second Amendment and a centuries-old tradition of gun ownership that predates the Constitution, the American Marxists do not fathom the building tidal wave of resistance and push back from nearly two-thirds of the nation’s citizenry who view gun ownership as the only viable means of self-defense against the unbridled criminality wrought by the unfathomable policies of the Marxists.

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BLUF:
Whenever a law is pro-gun, the ATF tells FFLs to ignore it. When a law is anti-gun, the federal agency demands that the dealers comply.

Conflicting ATF Letters to State FFLs Shows Continued Two-Faced Hypocrisy

The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) is sending letters to Federal Firearms Licensees (FFL) in states that have passed bills protecting the Second Amendment demanding that the FFLs do NOT follow state laws. The ATF, at the same time, sent letters to FFLs telling them to FOLLOW state laws in states that have passed laws that have weakened the Second Amendment.

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When even the proggie editors at the LA Times print this……..

As violent crimes surge, Californians’ faith in gun control slips in new poll

SACRAMENTO —  Amid a surge in shootings this year, a majority of California voters say that they believe gun control laws are effective in reducing violent crime, but confidence in them has slipped, according to a new UC Berkeley Institute of Governmental Studies poll co-sponsored by the Los Angeles Times.The poll released Thursday found that 56% of the state’s voters surveyed believe stronger laws restricting the sale and possession of guns help make their communities safer, but the number is down from 60% who felt that way three years ago.

The poll also found that 57% of California voters say it is more important to place greater controls on gun ownership than it is to protect Americans’ rights to own guns under the 2nd Amendment, but that number is down from 64% who felt that way in 2018.

The decline in confidence in gun laws is a response to what people are seeing in their communities, said Mark DiCamillo, director of the Berkeley IGS Poll.

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BLUF:
If the White House was truly confident that Missouri’s law violated the U.S. Constitution, I don’t think Merrick Garland would have hesitated to bring suit against the state. The fact that he hasn’t done so says quite a bit, and the fact that U.S. Attorneys are instead looking for ways to workaround the new law is even more telling.

US Attorneys Trying “Workaround” With Mizzou’s New 2A Preservation Act

Shortly after Missouri’s Second Amendment Preservation Act was signed into law by Gov. Mike Parson, the Biden administration fired off an attack of the new measure in the form of a letter from the Department of Justice to Parson and Missouri Attorney General Eric Schmitt alleging that the SAPA violated the Supremacy Clause of the U.S. Constitution. Since then, however, the administration has been mostly mum on the new law. A couple of counties in Missouri have launched legal challenges to SAPA in state court, but the DOJ hasn’t followed suit with federal litigation.

Instead, as the Kansas City Star reports, the Department of Justice is quietly trying to find ways to work around some of the provisions of the law, which forbid state and local law enforcement agents from cooperating with their federal counterparts in enforcing any federal gun control statutes that aren’t mirrored in Missouri law. On today’s Bearing Arms’ Cam & Co we’re taking a look at those efforts, as well as why the anti-gun Biden administration doesn’t appear eager to test the constitutionality of the Second Amendment Preservation Act in federal court.

According to emails obtained by the Star, one federal official is hoping to use prosecutors’ subpoena powers to compel local law enforcement to testify in federal gun cases.

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Biden/Harris Administration already weaponizing ATF without waiting for Chipman

Even though Joe Biden’s nomination of David Chipman to head the Bureau of Alcohol, Tobacco, Firearms and Explosives has “issues” according to one senior Democrat, and is stalled in a Senate committee, the Biden/Harris Administration has started weaponizing the ATF without waiting for the president’s embattled nominee to take over.

As expected, their target is the firearms industry.

The National Shooting Sports Foundation recently received a copy of an internal ATF memo, which was written by Acting Assistant Director George Lauder and sent to ATF’s senior management.

The memo mentions Biden’s five-point strategy to reduce gun violence, which was announced at a press conference June 23.

“ATF’s role in the Strategy is essential, and includes refocusing our FFL inspection and administration action policies,” Lauder wrote.

The memo calls on field agents to prioritize their gun shop inspections by using a data tool that tracks the number of firearms sold by a gun dealer that are later used in crimes. It also tracks the time period between the sale and the crime.

When they say the memo, the NSSF immediately alerted their members, because of the impact it might have on a gun dealer’s ability to conduct business.

“This memo is concerning because it is the opening moves to the manifestation of what both President Biden and Vice President Harris said they would do during the presidential campaign. They said they would use the ATF as a bludgeon against the firearm industry and revoke licenses for minor clerical errors,” Mark Oliva, NSSF’s public affairs director told me Tuesday. “It is very concerning that the ATF would be using data analytics for crimes that were committed by unrelated third party or attempt to draw conclusions of time-to-crime statistics to label a lawful retailer as party to criminal activity.”

The remainder of the memo focuses on what Biden calls “rogue gun dealers,” who he claims are responsible for violent crime increases in five major cities historically controlled by Democrats.

If an ATF inspector finds that a gun dealer has transferred a firearm to a prohibited person, or failed to conduct a background check, falsified records or refused to cooperate with an ATF tracing request or inspection, the inspector is to recommend revocation of the dealer’s Federal Firearms License.

The gun dealers I spoke to Tuesday scoffed at this new assertion. This has always been the law, they said. The president is simply grandstanding, trying to take the heat off of the Democrats in charge of these crime-ridden cities by creating a new boogeyman for the public and the media to blame for the increasing crime – the “rogue gun dealer.”

“The overwhelming majority of firearm retailers abide by federal and state laws and regulations,” Oliva said. “Retailers that ignore the law are participating in criminal activity and NSSF wants those individuals to be held responsible for their actions, However, the Department of Justice’s own reports show the overwhelming majority of criminals obtain firearms through illicit means, mostly through theft or the black market.”

The day after Biden announced his five-point strategy, I submitted a Freedom of Information Act (FOIA) request to the ATF, seeking the numbers of gun dealers, by state, who, over the past three years, have been prosecuted for willfully transferring a firearm to a prohibited person and/or for refusing to cooperate with a tracing request from the ATF. Experts say the number will be very small – less than a dozen across the entire country.

To date, the ATF has not even acknowledged receipt of the FOIA request.

BLUF:
Anti-gun researches will continue to use flawed methodology and bad data as long as a fawning media and gun control establishment continue to fuel any “research” with the “right” conclusion

How Anti-Gun Research Works

The objective world mistrusts most gun policy research because it’s clear the objective is to produce an anti-gun outcome rather than honest analysis. Politicians and professional activists claim the mantle of evidence but will ignore any findings that threaten their anti-gun agenda.

Anti-gun politicians continue to advocate for policies that the very researchers they champion have contradicted, if not found to be ineffective. Researchers and activists cherry-pick data, but they also cherry-pick which findings to use – even from a single study. Can you imagine if the same low threshold for credibility was applied to pro-gun findings?

Let’s try an exercise. Vermont – one of the safest states in the nation, one that had Permitless Carry for centuries – enacted a magazine capacity restriction in 2018. Let’s look at the violent crime rate in Vermont and the U.S using data from the FBI’s Crime Data Explorer. The national violent crime rate decreased from 2018 to 2019 but the rate in Vermont increased – and even increased more than it had from 2017 to 2018.

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Like most proggies, he doesn’t like it that all the unwashed have the right to do things he doesn’t like.

Biden ATF Nominee ‘Frustrated’ By First Amendment Freedom Of Gun Owners To Say Things He Doesn’t Like

David Chipman, President Joe Biden’s pick to lead the Bureau of Alcohol, Tobacco, Firearms and Explosives (BATF), said in 2019 on national television that it is frustrating the U.S. government cannot violate people’s right to bear arms if they use “hate speech” on the internet. 

“The frustration is in the United States the freedom of speech and to say things is largely cannot be regulated,” Chipman said on BBC. ” …We have to do more to monitor hate speech on the internet. But we also have to do more to curb that same speech being presented by our president and other elected public officials.”

“The FBI, other federal agencies, have a tough job responding to these threats when they don’t currently have the authority to remove weaponry just because people are saying hateful things,” he also said.

The definition of “hate speech,” of course, is in the eye of the beholder, giving the most censorious persons increasing power decide what others may think and say.

The segment was in relation to shootings in Ohio and Texas that left 30 dead. Chipman was proud to have lamented the U.S. Constitution, sharing the media hit on Facebook with the caption, “The BBC wanted to know if the President’s response to this weekend’s mass shootings was adequate. I was able to answer that question.”

Chipman

Chipman, a registered gun lobbyist who has been widely opposed by Second Amendment groups, also said in the interview “we have to look at the weaponry that is on the streets.” The remarks align with his stance to ban AR-15s and “assault weapons.”

Spokesman Mark Oliva of the National Shooting Sports Foundation told The Federalist the video makes “clear that he sees our God-given liberties of free speech as a “frustration” and feels it necessary to “curb’ not one, but two rights that are protected by the Constitution.”

“This interview is indicative of why the firearm industry opposes Chipman’s nomination,” Oliva said. “He has proven himself to be unworthy of a position of public trust time and again.”