The right of a citizen to bear arms, in lawful defense of himself or the State, is absolute. He does not derive it from the State government. It is one of the “high powers” delegated directly to the citizen, and `is excepted out of the general powers of government.’ A law cannot be passed to infringe upon or impair it, because it is above the law, and independent of the lawmaking power.
Cockrum v. State, 24 Tex. 394 (1859)

Virginia Judge Tosses State’s ‘Universal’ Background Check Law

Five years ago Virginia Democrats enacted a “universal” background check law (along with several other gun control measures) after the took complete control of state government for the first time in several decades.

Now Gun Owners of America has won an injunction barring enforcement of that statute.

Twenty-Fourth Judicial Circuit Judge F. Patrick Yeatts issued his opinion on Thursday afternoon, declaring that there was no need to “embark on an analysis as to whether Virginia’s background check requirements comport with the “\’historical tradition of firearm regulation’ in the United States.

In exercising judicial restraint, the Court finds it improper to resolve the question of firearm regulation through the lens of Bruen. Instead, the inherent as-applied constitutional deficiencies of the Act require that the court strike the statute in its entirety.

Not to get too into the weeds here, but the statute in question originally imposed background check requirements on all gun purchasers over the age of 18. There’s a conflict, however: Virginia law allows 18-year-olds to purchase and possess handguns, while federal law does not. So, any 18-to-20-year-old attempting to buy a handgun, even from a private party, still had to go through a NICS check and would be denied.

Yeatts previously granted an injunction as it applied to those young adults, but today he ruled that the law must be thrown out in its entirety based on a prior case know as Ayotte. If you want to geek out on the legal underpinnings behind Yeatts’ decision you can read his opinion here, but the short version is that at the moment the background check requirement on private transfers seems to be null and void.

A note of caution, though. Because this wasn’t decided on Second Amendment grounds, Yeatts left open the door for lawmakers to remedy the technical deficiencies that led to him striking down the statute.

The Court also observes that it is feasible to create a system where all individuals are treated equally in obtaining a background check. For example, Nevada law requires all firearm sales and transfers, with limited exceptions, to go through a background check conducted by a federally licensed firearms dealer (FFL). The FFL conducts the background check through the Nevada Department of Public Safety’s (DPS)Point of Contact system. This system interfaces with the National Instant Criminal Background System (NICS) to determine the eligibility of the buyer to possess a firearm-regardless of age. While Virginia has not adopted such a system, whether due to cost or other reasons, Nevada demonstrates that it is possible to implement a uniform approach.

The statute as it stands, cannot remain intact. If the legislature wishes to rewrite the law to create a system that does not impose disparate treatment based on age, it may do so. At that time, a court might rightly address the question of whether it is constitutional to require a background check to obtain a handgun through a private sale. Now is not that time.

Nevada’s law prohibits sales of handguns to adults younger than 21, so running NICS checks on private party sales involving under-21s doesn’t create a conflict with state law. I don’t know if this was his intention or not, but it seems to me that Yeatts is essentially inviting the Virginia legislature to institute a ban on handgun sales to under-21s, although I’d argue that would absolutely create a system that imposes disparate treatment based on age.

If Democrats once again regain a governing trifecta in next month’s elections we may very well have to deal with an attempt to raise the age to purchase handguns, along with a host of other anti-2A actions. For now though, Gun Owners of America has succeeded in taking down Virginia’s “universal” background check law, and that’s good news for Second Amendment advocates across the Old Dominion.

SAF Files Lawsuit to Protect Fourth Amendment Rights of High School Gun Owner

BELLEVUE, Wash. —— The Second Amendment Foundation (SAF) has filed a new lawsuit in New Hampshire challenging the unconstitutional search of an 18-year-old high school senior’s vehicle, based solely on the knowledge that he is a legal gun owner.

The case, Harrington v. Crawford, stems from the search of Hillsboro-Deering High School student Jack Harrington’s vehicle while it was parked on school grounds. Harrington lawfully owns a handgun and sometimes kept his firearm in his truck – in full compliance with all federal and state laws – but always removed the gun from his vehicle before going to school. When school authorities became aware of Harrington’s gun ownership, he was subjected to aggressive interrogation by district employees which culminated in his vehicle being searched without consent. The school had no reason to believe Harrington brought his firearm to school, and no firearm was found during the invasive and unconstitutional search.

“Being public about exercising your private rights cannot be grounds for being harassed and searched on campus,” said SAF Director of Legal Operations Bill Sack. “The apparent position of the school district here is ‘choose to exercise one right, give away another.’ That’s just not how it works. If simply being a gun owner is legal justification to be harassed and searched by authorities, what would stop them from submitting gun owners like Jack to searches every day? And what’s their proposed solution to avoid that abuse, that he sells his privately owned firearm?”

As noted in the complaint, “…after the Interrogation in which Jack repeatedly refused to consent to a search and after Jack’s parents were contacted by phone and similarly refused to consent to a search, Defendants searched the Subject Vehicle anyway, finding no firearm.”

“This is the type of fearmongering response we’d expect elsewhere around the country, but not in a state that allows its adult residents to legally own and possess firearms,” said SAF founder and Executive Vice President Alan M. Gottlieb. “This case is about as cut and dry as it gets when it comes to infringing on the rights of a citizen, and we look forward to vindicating Jack’s rights in court.”

Resistance to sudden violence, for the preservation not only of my person, my limbs, and life, but of my property, is an indisputable right of nature which I have never surrendered to the public by the compact of society, and which perhaps, I could not surrender if I would. — John Adams

Glocks, Guns, & Government Overreach: How California Keeps Missing the 2nd Amendment Express

California’s recent surge in gun control legislation, especially Assembly Bill 1127, which effectively bans Glock and Glock-style handguns, reveals a troubling pattern of the state enacting laws that conflict with the Second Amendment, the intent of the Founding Fathers, and established Supreme Court rulings. This relentless legislative push threatens the constitutional rights of California citizens and demands urgent corrective action.

The Second Amendment and Supreme Court Guidance

The Second Amendment protects the individual right to keep and bear arms. Landmark Supreme Court cases like District of Columbia v. Heller (2008) confirmed that this right includes possessing firearms for lawful self-defense. The Court emphasized that the right to self-defense is central to the Amendment and that restrictions cannot apply to weapons “in common use.” California ignores this legal precedent.

In New York State Rifle & Pistol Association v. Bruen (2022), the Court reaffirmed this position, ruling that gun regulations must reflect the historical understanding of the right at the time the Amendment was adopted. States must justify any restrictions based on this historical framework, especially when banning firearms like Glocks, which are essential tools for lawful self-defense.

Again, California ignores this legal precedent.

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Gaza On the Brink of A Civil War?
Palestinian Clans Are Battling Hamas

There now are warning signs that the Gaza Strip may be on the verge of a full-blown civil war.

Mayhem is reported to be occurring throughout the Strip as Hamas has begun to launch vicious assaults against its own Palestinian citizens. And local Palestinian clans are fighting back.

If an outright civil war does emerge, Palestinian citizens could dramatically alter their history of oppression at the hands of Hamas. And it appears that in various parts of the Gaza Strip, many Palestinians are seeking genuine liberation.

But the fight is going to be ugly and murderous for those who have the courage to stand up to the terror group. Could we see a bloodbath by Hamas as it tries to suppress the open rebellion?

Today, the British Telegraph reported on the brutal display of public executions by Hamas. According to the Telegraph’s Henry Bodkin, “Hamas has carried out a mass execution in the streets of Gaza as part of a series of bloody reprisals following the withdrawal of Israeli forces from key urban areas.

“Footage has emerged appearing to show around eight kneeling, blindfolded men, bearing signs of beatings, being shot dead in front of a crowd,” he wrote.

For months, there’s been ample evidence of a rising Palestinian rebellion against Hamas throughout the Gaza Strip. My own Substack post from last May highlighted various clans that were mobilizing against the terror group.

But even as yesterday’s international conference in Sharm El-Sheik promised to end the power of Hamas, the terror group has decided to strike back by launching murderous street battles across the Strip against rebellious Palestinian clans.

Yesterday, it appeared that President Trump gave Hamas temporary “approval” to still use its security forces to keep public order. But today in a White House meeting with the Argentine President, he seemed to reverse himself, saying, “If they don’t disarm, we will disarm them. And it will happen quickly and perhaps violently.”

But Hamas is used to its power to behave with total abandon and without any international restraints. As Palestinian civilians in the Gaza Strip acutely know, Hamas has ruled with a mafia-style grip that threatens and murders all of its opponents.

The Jerusalem Post’s Seth J. Frantzman observed the current state-of-play: “Hamas will want to settle scores and also show that it is still in control. Hamas will not remain in the shadows, it is already deploying men with AK-47s in areas of Gaza. It will want to show that it still has a mafia-like grip on power. It won’t want any of the various clans, tribes and militias to get any ideas. It will want to cement itself in power before any new interim administration is appointed. Then it will hand a fait accompli to anyone who thinks they can remove Hamas from Gaza.”

Even the BBC confirms Frantzman’s report, arguing that Hamas is seeking to “reassert control over Gaza as fears of renewed internal violence emerge following the withdrawal of Israeli forces. The mobilization has been widely anticipated as uncertainty grows about who will govern Gaza once the war ends – this is a key sticking point for later phases of Trump’s plan.”

The latest reports of pitched, murderous battles against the Palestinian clans also were filed yesterday by the Saudi state-run news agency Al-Hadath.

The Saudi news service reported that explosions were heard in the Gaza City neighborhood of Sejaia. Hamas claims it is launching a “large campaign” against rebelling clans.

The BBC also reported other battles in the Strip: “Masked Hamas gunmen exchanged fire with clan fighters near the city’s Jordanian hospital, witnesses said.”

The British news agency reported on eyewitness accounts of the clashes that erupted in the Tel al-Hawa neighborhood in southern Gaza City. The BBC stated, “a Hamas force of more than 300 fighters moved to storm a residential block where Dughmush gunmen were entrenched.”

Their reporter recounted stories of sheer mayhem: “Residents described scenes of panic as dozens of families fled their homes under heavy gunfire, many of them displaced multiple times during the war.

“This time people weren’t fleeing Israeli attacks,” one resident said. “They were running from their own people.”

According to another report about the Doghmush clan fighting in Gaza City was from the Israeli outlet Ynet. They stated that 52 members of the Doghmush clan were killed, and 12 Hamas terrorists died in brutal battles.

The outrage expressed by local Palestinians opposed to Hamas is palpable. The Jerusalem Post quoted Hussam al-Astal, the commander of an armed group that’s fighting Hamas in Khan Yunis. He published a defiant post on his Facebook page, harshly attacking the organization, according to the Post.

“To all the Hamas rats,” he wrote, “your tunnels are destroyed, your rights no longer exist. Repent before it’s too late – there is no Hamas from today onward.”

Clearly, the clans also are gunning for major Hamas figures. The infamous Hamas “influencer” and blogger Salah al-Ja‘farawi was one of the most prominent pro-Hamas voices in the Gaza Strip who celebrated the butchery of October 7. He was found dead, reportedly shot in the head.

Interestingly, the wife of New York Democratic mayoralty candidate Zohran Mamdani, Rama Duwaji, mourning his killing. She shared an image of al-Ja’farawi on her Instagram post, accompanied by four broken-heart emojis, according to the Daily Caller. The Caller added she also shared a separate post referring to the “beloved Ja’farawi.”

Also killed by the Palestinian rebels was the son of a senior Hamas military intelligence official, Basem Naim.

The clans clearly are challenging the international narrative about life in Gaza under Hamas. Wrote one clan member, “We are trapped. They arrested all the youths, lined them up against walls, pointed weapons at their heads. There is a massacre here.”

“Children are screaming and dying, they are burning our houses,” another clan member told the Israeli news outlet, Ynet.

The British Telegraph reported in an exclusive interview with Khan Younis clan leader Hossam al-Astal who describes how he and others who hate the terror group await the moment to liberate Gaza.

“It was in the streets of Khan Younis that Hossam al-Astal, a sworn enemy of Hamas, gathered his men for battle against the terrorists after they had attacked the neighboring al-Majayda clan,” the Telegraph reported.

The British news agency further noted, “The bloody battle was the first serious clash between Hamas and the rebel leader’s militia, which he calls Strike Force Against Terror.”

The Telegraph added that the hate for Hamas was deep: “‘No place for Hamas dogs’ reads a slogan emblazoned on a social media picture of the militia leader alongside eight heavily armed men, which was posted around the same time as last week’s battle.”

There are a number of key clans that are leading the uprising. One is Yaser Abu Shabab, a clan leader who I wrote about in my previous Substack. He commands groups of armed men in Gaza’s Rafah area. They patrol and protect aid convoys while openly challenging Hamas’ power.

“Call us counter-terror forces. Our goal is to protect Palestinian human rights from Hamas terrorism,” he has said.

Another is the Doghmush clan whose members were killed this week by Hamas. The clan is large and has weapons. Hamas is gunning for its defiant leaders.

A third is the al-Mujaida clan, one of the largest clans in Gaza’s south. BBC reported that, “The southern Gaza city of Khan Younis has witnessed one of the fiercest internal confrontations since the war began, between a Hamas security force and gunmen from the al-Mujaida clan.

Then there are the community-grown rebel centers like that created by Hossam al-Astal.

Hamas won’t admit that Palestinian unrest is due to the opposition from local clans that are fed up with the terror group. Instead, they’re issuing the ever-weakening claim that Palestinians who oppose Hamas are “collaborators with Israel.”

It’s unclear how quickly an outside security force by Arab states can be mobilized to disarm Hamas and bring some calm to the Strip. This is part of the “second stage” of the 20-point agreement written by President Trump and supported by European and Muslim nations.

Until then, expect Hamas hopes to brutalize those who challenge it. They will probably intensify their killing spree.

Might the Gaza Strip become the Cambodia killing grounds from the 1970’s when communist leader Pol Pot murdered 1.5 to 2 million of its citizens – about a quarter of the country’s population? Might a brutal civil war engulf the small strip before international forces can replace the murderous Hamas?

Only time will tell

The American Colonies were all democratic governments, where the power is in the hands of the people and where there is not the least difficulty or jealousy about putting arms into the hands of every man in the country.

European countries should not be ignorant of the strength and the force of such a form of government and how strenuously and almost wonderfully people living under one have sometimes exerted themselves in defence of their rights and liberties and how fatally it has ended with many a man and many a state who have entered into quarrels, wars and contests with them. — George Mason