Just remember; The Process Is The Punishment™

Arizona rancher George Alan Kelly will not be retried after deadlocked jury, prosecutors announce

George Alan Kelly, the Arizona rancher charged with murder in the shooting of a Mexican national on his border property, will not be retried, prosecutors with the Santa Cruz County Attorney’s office said.

The state charged Kelly with second degree murder after he allegedly shot and killed a migrant, Gabriel Cuen-Buitimea, on his land in January 2023.

The decision not to retry Kelly comes a week after a mistrial was declared following a deadlocked jury.

Kelly’s defense confirmed to Fox News Digital that there was “one, lone holdout” juror who wanted to convict, while the remaining jurors sought an acquittal.

The jury began deliberating April 18. After days of being unable to reach a verdict, the judge overseeing the trial declared a mistrial on Monday.

Survey Finds Second Amendment Viewed More Favorably Than Capitalism

Good news for our civil rights, but bad news for free markets. A survey of more than 2,000 adults taken earlier this year found the words “Second Amendment” to be one of the most polarizing phrases in American politics, with almost 90% of Republicans holding a favorable view compared to just under half of Democrats.

Some phrases, like “national parks”, “honesty”, “freedom”, and “responsibility” are favored by large majorities of both self-identified Republicans and Democrats, but “Second Amendment” is one where there’s a notable gap in favorability between the left and the right. Still, more Democrats and Republicans have a favorable view of the Second Amendment than “capitalism” and “billionaires”, according to the Ipsos poll.

While about 48% of Democrats have a favorable view of the Second Amendment, just 25% view billionaires favorably, and “capitalism” was viewed favorably by about 43% of self-identified Democrats. Republican support for the Second Amendment topped out around 85%, higher than GOP favorability for “billionaires” (around 53%), and “capitalism” (72%).

So what does this mean for the 2024 election cycle? Well, given that a plurality of Democrats and the vast majority of Republicans view the Second Amendment favorably, I expect that most candidates will be playing up their support for the right to keep and bear arms… though we’re going to hear an awful lot of “I support the Second Amendment, but…” statements from Democrats.

Using words that divide people can help win some races when turning out the base is the key, said Cliff Young, Ipsos’ president of polling and societal trends.

  • But Young said, “You can’t govern effectively through polarization. What we’re really talking about is, how do you govern afterwards. How do you build a coalition, consensus, achieve governance?”

How it works: Ipsos tested the favorability of dozens of phrases, names and concepts earlier this year for a survey for With Honor. The cross-partisan group aims to reduce polarization and supports veterans seeking office who take an integrity and civility pledge and agree to collaborate across the aisle.

  • The survey of more than 2,000 U.S. adults was conducted in two waves, in January and February, measuring the favorability of names, words and phrases.

What they’re saying: “Understanding what words and concepts unite us is super relevant,” said Rye Barcott, With Honor’s co-founder and CEO.

  • “We’re talking to Americans across the spectrum. So we are always trying to think through what does actually connect — not just for members that are speaking to their constituents but for us and any nonprofit or advocacy organizations trying to pass something into law. You have to be talking to Americans from both sides.”

I have no issue with talking to folks from across the political spectrum, so long as candidates are being honest with them. That’s the problem when it comes to most Democrats and the Second Amendment; no matter what gun control bill they’re promoting, they promise that it doesn’t violate the Second Amendment. Bans on so-called “assault weapons”? Oh, well those guns aren’t protected by the Second Amendment in the first place? Declaring most publicly accessible places off-limits to concealed carry? Those are “sensitive”, you see, so it’s okay to ban guns there.

The gun control lobby understands that it can’t openly proclaim the Second Amendment doesn’t exist and that every privately owned firearm in the U.S. should be confiscated without hurting Democratic candidates. Heck, they don’t even want to use the phrase “gun control” because many voters have a negative connotation of that phrase (though oddly, Ipsos didn’t include it in their most recent survey). Instead, they prefer “gun safety”… neglecting to mention, of course, that their definition is “don’t own one.”

Yes, we’ll continue to see Democrats in deep-blue districts express their outright hostility towards our right to keep and bear arms, but I suspect that this cycle we’re also going to see a lot of candidates like Ryan Busse try to hide their desire for gun control behind buzzwords like “responsibility”, “common sense”, “reasonable”, and yes, even “I support the Second Amendment, but…” Don’t be fooled by what they say, especially when what they want is so contrary to what comes out of their mouths.

Biden Defense Official Says ‘Take All the Guns’, Use National Guard

Confiscate guns

In a recent undercover video released by James O’Keefe, a Department of Defense (DoD) employee, Jason Beck, was recorded discussing the potential use of the National Guard for gun confiscation.

Beck’s assertion that the National Guard would follow orders to confiscate guns prompts questions about the military’s obligation to uphold the Constitution. The tension between obeying lawful orders and respecting individual rights underscores the complexities of military service in a democratic society.

Newsom’s gun control constitutional amendment gets nowhere, to the surprise of no one

Gov. Gavin Newsom made headlines last summer for proposing a 28th Amendment to the United States Constitution enshrining a handful of gun control measures into the supreme law of the land.

There was some ginned up fanfare, with state Sen. Aisha Wahab praising Newsom as “a man of action” in the press release announcing the amendment.

It was all a bit much for what everyone understood at the time to be Newsom’s latest attempt at positioning himself for the White House.

Alas, the California Legislature, dominated by the Democratic Party, approved a resolution calling for a constitutional convention on gun safety. Thirty-three states must make similar calls for such a convention to happen, but even then there’s an asterisk (more on that later).

Almost a year later, reports Bay Area News Group’s John Woolfolk, no other blue state has taken up Newsom on his proposal.

As Woolfolk notes, there are 18 other states with state legislatures controlled by the Democrats. But none have shown signs of following suit.

This is certainly not a surprise. Most states in the country have little interest in the sort of gun control measures pitched by Newsom.

Constitutional attorney Cody J. Wisniewski explained in these pages back in June: “Given only 10 states and Washington D.C. have any form of ban on so-called ‘assault weapons’ or any form of waiting period, while 27 states have enacted some iteration of free/constitutional/permitless carry, it is clear that there isn’t currently much appetite for Newsom’s particular brand of gun control across the country.”

Then there’s the problem with the fact that the California Legislature called for a constitutional convention limited to matters of gun safety.
“But constitutional scholars say it’s unclear that’s legally possible,” Woolfolk reports. If a constitutional convention did indeed get assembled, states could use the circumstance to propose whatever they want.

Oregon Sen. Floyd Prozanski told Woolfolk that’s among the reasons his state doesn’t seem likely to go down the path pitched by Newsom. “The last thing I’d want is to open up something where we can’t put the lid back on the can,” he said.

And so that’s where Newsom’s much-touted constitutional amendment and foray into national politics and national influence-peddling stands: nowhere.

Needless to say, this isn’t any surprise to this editorial board. On June 13, 2023, we said of the proposal: “This editorial board isn’t impressed by Newsom’s proposal and we’re confident most of the rest of the country won’t be, either.”

Homeowner shoots suspect during attempted break-in

SURPRISE, AZ (AZFamily) — One suspect has been shot, and another is in custody after Surprise police say they tried to break into a home Monday morning.

It happened in the area of 140th Drive and Waddell Road, just west of Litchfield Road. According to police, two suspects were trying to force their way into a house when the homeowner opened fire, striking one of them.

Officers responded and took both suspects into custody, one of whom was taken to a hospital with non-life-threatening injuries.

“It’s almost unthinkable, especially in the early morning hours,” said neighbor Nancy McCraven. “You never think it’s going to happen, especially in a nice quiet neighborhood like this and it’s always quiet.”

Some neighbors heard the commotion early in the morning.

“I woke up around 3:30 and then I was getting ready in my room and I didn’t think it was a big deal until I heard them get closer to our house,” said Shaylee Coker.

They were shocked about what happened.

“It happened two doors down, and you never know who it could be next and so I think everybody is going to start to raise their security awareness,” Coker said.

Detectives are investigating.

With so many questions still lingering, families cannot help but wonder what they would do in that situation.

“It’s terrifying because I’ve got kids home,” said Christina Hogan. “If it happened to me I don’t know how I would’ve dealt with it.”

Rachel Moss, a criminal defense attorney for the Attorneys for Freedom Law Firm in Chandler, said there are a couple of state statutes that could protect homeowners in these situations.

She explained they may overlap but said the Arizona crime prevention statute applies best to break-ins.

“The crime prevention statute would allow a homeowner if they reasonably believe that a crime is in progress, they can use physical force or even deadly physical force to protect themselves and prevent that crime from occurring,” said Moss.

Some of the crimes listed under the law include burglary, aggravated assault and armed robbery.

“In terms of this statute, what it really comes down to is whether or not the homeowner was acting reasonably,” said Moss.

She explained if a homeowner believes a crime is about to happen, they can take action to prevent it.

“That’s why the homeowner doesn’t have to wait until someone actually is breaking into their property. They have to think that it’s in progress, in some way,” said Moss.

When it isn’t a clear case, the attorney explained it might go to trial with a jury deciding whether a homeowner was justified in their actions.

Moss added that something important to consider about this statute is that a person is presumed to be acting reasonably under it.

 

My husband and I quit our teaching jobs to start our own school – we’re challenging the lies our kids learn.

Christian married couple quit their teaching jobs in California and started an ‘anti-woke’ school in Florida as a ‘counterbalance’ to progressive teaching which they claim has infiltrated the public education system.

Kali Fontanilla, 41, and her husband Joshua, 42, started the Exodus Institute, an online school, after becoming disillusioned by ‘overly politicized’ public schooling.

Kali and Joshua now teach classes designed around ‘traditional American values’ – and try to counter what they believe are skewed teachings about topics like gender, race and slavery in traditional schools.

The Fontanillas’ school has grown from a single student in their first class, in May 2022, to nearly 200 who are enrolled across their K-12 program and a separate ‘Young Patriots Academy’.

Their institute was founded amid growing discontent among conservatives nationwide about the perceived politicization of school curriculums. Florida Governor Ron DeSantis has supported several state bills aimed at curbing the trend, including the Stop WOKE act.

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Larry Correia

Guys, if there is one single lesson you can take from all of these arguments about mass killers it is this. What stops mass killers is a violent response. Period.

That response can either be immediate, from somebody who is already present, or it can come later from somebody who has to travel to the scene. But the longer it takes for that violent response, the longer the killer has to work unimpeded, the higher the body count.

That’s it. That’s the equation.

When these quislings and cowards try to claim the moral high ground by keeping good people disarmed, do not give them a ******* inch. We tried their way. It ends in more bodies. **** them. No more. Fight or get out of the way.

Indiana Prosecutor Laments That Self-Defense Laws Exist, Protect Defensive Gun Users.

Apparently, some Indianapolis public officials have forgotten how their own self-defense laws work and why they exist in the first place.

In an interview that’s equal parts amusing and alarming, Indiana’s Marion County Prosecutor Ryan Mears recently lamented an increase in self-defense shootings in Indianapolis.

Mears complained to reporters that shootings involving self-defense claims are challenging to prosecute. This “mean[s] that someone lost their life” and “that case might ultimately be cleared” without the shooter being charged, he said.

Mears also implied that defensive gun users who can’t be prosecuted are just as bad as the criminals they shot, simply by virtue of the fact that both parties were armed.

With all due respect to Mears, the county prosecutor seems to miss the point.

As in virtually every other state, Indiana law justifies the use of deadly force only when a person has a reasonable belief that such force is necessary to prevent serious bodily injury, commission of a forcible felony, or unlawful entry into a home or vehicle.

Moreover, a person generally can’t rely on the protection of self-defense laws if he or she was committing a crime or fleeing after committing one, provoked the threat, or engaged in “mutual combat.”

In other words, to the extent that self-defense shootings are difficult to prosecute, it’s because there’s pretty good evidence that the shooter was morally and legally justified in doing what he did.

You would think that someone like Mears would comprehend this, given his position as a prosecutor.

The importance of armed self-defense can’t be overstated. Almost every major study has found that Americans use their firearms in self-defense between 500,000 and 3 million times annually, according to a 2013 report by the Centers for Disease Control and Prevention. In 2021, the most comprehensive study ever conducted on the issue concluded that roughly 1.6 million defensive gun uses occur in the United States every year.

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Analysis: Where Will SCOTUS Come Down on ‘Ghost Guns’?

The Supreme Court is set to consider a challenge to the ATF’s unfinished frames and receivers rule, and there are some clues as to how they might rule.

On Monday, the Court agreed to take up Vanderstok v. Garland. The case centers on whether the ATF overstepped its authority by significantly expanding its interpretation of what constitutes a “firearm” under federal law. The outcome will determine the viability of selling unfinished parts, such as “80 percent” AR-15 lowers, without a federal gun dealing license. It will likely have a major impact on the homemade gun market that commonly uses those precursor parts.

The Court’s decision to grant cert is the result of a government appeal against the ruling of a three-judge panel on the Fifth Circuit Court of Appeals. The lower court sided with gun-rights plaintiffs and found the rule was likely “unlawful.”

Taking up a case that went in favor of the gun-rights litigants could be a sign that the Court wants to reverse that lower court decision. In fact, the Court’s tendency to take up cases where it wants to overturn the lower court is one of the main reasons to think it will go in favor of the NRA in the group’s First Amendment case. But that’s probably not what’s going on in this case.

Unlike challenges to state laws or state law enforcement, this case deals with the enforcement of federal law. The federal government requested the Court take it up. It requires the Court to settle an issue to avoid incongruity in how federal law is enforced nationwide.

If the Court didn’t take up this case, it would leave the ATF’s rule in place everywhere but the Fifth Circuit. SCOTUS prioritizes settling these sorts of questions, and it’s a reason to think that granting the case doesn’t say much about why it took it up beyond that.

What does say something about where the justices might come down is the record they’ve already established in this case.

The Supreme Court has already intervened here twice. Both times, it sided with the government. Both times, it blocked lower court injunctions against the ATF’s rule.

That might suggest that the justices will side with them on the merits, but that’s probably not the right read of what happened.

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Tennessee governor plans to sign bill that would let teachers carry guns in schools
Lee alluded to the pushback from Democrats, saying, “There are folks across the state who disagree on the way forward.”

Tennessee Gov. Bill Lee said Thursday that he planned to sign a bill state legislators sent to his desk this week that would allow school staff members to carry concealed handguns on school grounds.

“What’s important to me is that we give districts tools and the option to use a tool that will keep their children safe in their schools,” Lee said at a news conference Thursday after he shared his plans to sign the legislation.

Under state law, Lee, a Republican, has the option to sign the bill, veto it or allow it to become law without his signature.

The Republican-controlled state House passed the measure Tuesday largely along party lines roughly a year after a shooter opened fire and killed six people at The Covenant School in Nashville. The state Senate, which is also controlled by the GOP, passed the measure this month.

Lee on Thursday highlighted the legislation’s requirements that faculty and staff members wishing to carry concealed handguns on school grounds complete a minimum of 40 hours of approved training specific to school policing every year. They also must obtain written authorization from law enforcement, he noted.

“There are folks across the state who disagree on the way forward,” Lee said Thursday, adding that he thought the legislation would allow school districts the opportunity to decide “at the local level what is best for the schools and the children in that district.”

But the measure drew criticism from Democrats like state Rep. Bo Mitchell, who referred to the Covenant shooting in remarks on the House floor.

“This is what we’re going to do. This is our reaction to teachers and children being murdered in a school. Our reaction is to throw more guns at it. What’s wrong with us?” Mitchell said.

Tennessee isn’t the only state to have approved legislation allowing teachers to carry guns. At least 26 states have laws permitting teachers or other school employees to possess guns on school grounds, with some exceptions, according to the Giffords Law Center, a gun violence prevention group.

NSSF PRAISES GEORGIA GOV. BRIAN KEMP FOR SIGNING SECOND AMENDMENT PRIVACY ACT

WASHINGTON, D.C. — NSSF®, The Firearm Industry Trade Association, praises Georgia Gov. Brian Kemp for signing into law HB 1018, the Second Amendment Privacy Act. This NSSF-supported law protects the privacy and sensitive financial information of people purchasing firearms and ammunition in The Peach State. With Georgia, there are now 14 states with laws that protect the Second Amendment financial privacy of their citizens.

The law prohibits financial institutions from requiring the use of a firearm code, also known as a Merchant Category Code (MCC), from being assigned to firearm and ammunition purchases at retail when using a credit card. The law also forbids discriminating against a firearm retailer as a result of the assigned or non-assignment of a firearm code and disclosing the protected financial information. Additionally, the law prohibits keeping or causing to be kept any list, record or registry of private firearm ownership.

“Governor Brian Kemp’s signature on the Second Amendment Privacy Act is yet another example of his firm commitment to protecting the Second Amendment rights of all Georgians. Citizens in Georgia won’t worry that ‘woke’ Wall Street banks, credit card companies and payment processors will collude with government entities to spy on their private finances to illegally place them on gun control watchlists,” said Lawrence G. Keane, NSSF Senior Vice President & General Counsel. “NSSF is grateful House Speaker Jon Burns, Lieutenant Governor Burt Jones, Representative Jason Ridley and state Senator Carden Summers for bringing this crucial legislation to become law. No American should fear being placed on a government watchlist simply for exercising their Constitutionally-protected rights to keep and bear arms.”

NSSF worked closely with Georgia legislators to protect private and legal firearm and ammunition purchases from political exploitation. The Second Amendment Privacy Act is designed to protect the privacy of lawful and private firearm and ammunition purchases from being abused for political purposes by corporate financial service providers and unlawful government search and seizure of legal and private financial transactions.

The U.S. Treasury’s Financial Crimes Enforcement Network (FinCEN) admitted to U.S. Sen. Tim Scott (R-S.C.) in a letter that it violated the Fourth Amendment rights of law-abiding citizens that protect against illegal search and seizure when it collected the credit card purchase history from banks and credit card companies of individuals who purchased firearms and ammunition in the days surrounding Jan. 6, 2020. Treasury’s FinCEN had no cause, and sought the information without a warrant, to place these law-abiding citizens on a government watchlist only because they exercised their Second Amendment rights to lawfully purchase firearms and ammunition.

The idea of a firearm-retailer specific MCC was borne from antigun New York Times’ columnist Andrew Ross Sorkin and Amalgamated Bank, which has been called “The Left’s Private Banker” and bankrolls the Democratic National Committee and several antigun politicians. Amalgamated Bank lobbied the Swiss-based International Organization for Standardization (ISO) for the code’s creation. NSSF has called on Congress to investigate Amalgamated Bank’s role in manipulating the ISO standard setting process.

Sorkin admitted creating a firearm-retailer specific MCC would be a first step to creating a national firearm registry, which is forbidden by federal law.

Georgia joins a growing list of states that are standing against the invasion of financial privacy when exercising Second Amendment rights, including Tennessee, Iowa, Kentucky, Wyoming, Indiana, Utah, Florida, Idaho, Mississippi, Montana, North Dakota, Texas and West Virginia. These states passed laws protecting citizens’ Second Amendment privacy. Other states are considering similar legislation. U.S. Sen. Bill Hagerty (R-Tenn.) introduced S. 4075, the NSSF-supported Protecting Privacy in Purchases Act in the Senate. U.S. Rep. Elise Stefanik (R-N.Y.) introduced H.R. 7450, with the same title in the U.S. House of Representatives. California’s Gov. Gavin Newsom signed a law requiring the use of a firearm-retailer specific MCC and Colorado passed similar legislation that is awaiting Gov. Jared Polis’ consideration.

Would-be victims in two separate crimes fight back, shoot suspects
Police say they’re seeing spike in cases like this

SAN ANTONIO – Would-be victims of two separate crimes Thursday morning reacted in a way that one San Antonio police sergeant said he has been seeing more often lately.

In both cases, police say those victims used a gun to stop a crime, shooting and wounding the suspects.

“It does seem there is a spike in these types of activities,” said Sgt. Andrew Valle, as he investigated the second shooting of the morning.

In that case, Valle said a man who lives in an apartment in the 8700 block of Marbach told officers he used a gun to stop an intruder.

The man said the stranger tried to force his way into his home after 7:30 a.m.

“And he told that person, ‘What are you doing? You don’t live here.’ That person said, ‘No, I do,” Valle said, explaining the scenario.

Valle said the man who was shot was taken to a hospital for treatment of a non-life-threatening gunshot wound in his stomach.

The shooting happened just a few hours after a homeowner in the 400 block of General Kruger shot two men who he said were stealing from him.

According to police, the homeowner noticed the two suspects on his surveillance cameras after 5 a.m. and then confronted them.

He told officers this was the second time the suspects had come to his home to steal roofing materials in his driveway.

A police report later said the two suspects, 32- and 34-years-old, were arrested on theft charges.

It also said investigators had determined the homeowner was justified in shooting them and would not face charges.

Both cases are just the latest incidents in which people used this type of force to avoid being victims of crime.