Comment O’ The Day
The most plausible explanation is that the Swamp assigned the D team of secret service to Trump in the hopes that something like this would happen.
If Trump were as bad as Biden and other Democrats say he is — if he were a tyrant on par with Hitler himself — then why would they be grateful to hear he’s safe and doing well? Either their characterizations of Trump are false or their sympathy is. https://t.co/WlR1WABtG2
— Seth Dillon (@SethDillon) July 14, 2024
Donald Trump Just Won
The shooter wasn’t just evil, but stupid
Regular readers of this newsletter, and people who hate my guts, don’t need to be told my opinion of Donald Trump. And speaking as someone who has managed to stay off the Trump Train for the past eight years:
This kicks ass.
The guy almost gets his brains blown out on live TV, and he stands up with blood on his face and pumps his fist in defiance. I think he said, “Fight!” Or maybe some other F-word. Whatever it was, it was awesome.
It may be the most American thing I’ve ever seen with my own eyes.
Whatever you may think of him as a person, or a past and probably future president, Trump showed us who he is in a moment of crisis.
And not a “crisis” like global warming or a Supreme Court ruling or the price of almond milk at Starbucks, but the crisis of actually getting hit in the head by a would-be assassin’s bullet.
Remarkable. My non-MAGA hat is off to him.
I’m glad the assassin missed his target, I’m angry that he killed a bystander, and I look forward to finding out how the hell the Secret Service allowed it to happen.
The shooter wasn’t just evil, but stupid. He just handed the election to the guy he wanted to kill.
How does Trump lose after this?
July 14, 2024
Debating Body Armor – Legal Battles, Self-Defense and Constitutional Rights in New York
Every day across America, thousands of police officers wear bulletproof vests to protect themselves from violent criminals. However, on May 14, 2022, body armor protected mass murderer Payton Gendron as he shot and killed 10 Black individuals at a Buffalo supermarket.
In response to the Tops Markets massacre, New York State enacted a law banning the sale of body armor to most private citizens. This law is now being challenged by gun rights advocates who argue that it is unconstitutional. A man from Lake View, along with a Las Vegas-based gun rights organization, has filed a federal lawsuit to legalize the purchase and ownership of bulletproof vests and other body armor for private citizens in New York.
The Firearms Policy Coalition and Benjamin Heeter of Lake View claim that the state’s body armor ban infringes on the rights of law-abiding citizens who wish to protect themselves from criminals. The lawsuit argues that body armor is a means of self-defense, not a weapon. “New York’s body armor ban shows that the state’s commitment to authoritarianism has collapsed into absurdity, making it a crime to buy and use simple personal protective equipment,” said Brandon Combs, president of the Firearms Policy Coalition.
Governor Kathy Hochul signed the body armor ban into law in July 2022, just weeks after Gendron, 18, wore body armor he purchased online as he carried out his attack. According to Buffalo police, store security officer Aaron Salter Jr. fired a shot that struck Gendron’s body armor, but Gendron was unharmed and continued his assault, killing Salter and others.
Critics argue that the new law does not ban the sale of the type of hard body armor plates used by Gendron. Governor Hochul has indicated that she will work with the State Legislature to amend the law to ensure it effectively prevents the purchase of such armor.
“Wearing that body armor on that day allowed Gendron to keep shooting people after Aaron Salter shot him,” recalled former Erie County District Attorney John J. Flynn. He noted that while it is rare for criminals to wear body armor during shootings, some law-abiding citizens, such as store clerks in high-crime areas, might also want to wear body armor for protection.
Gendron is currently serving a life sentence in state prison after pleading guilty to murder and domestic terrorism charges. He still faces federal charges that could result in the death penalty.
Combs criticized New York’s laws, claiming they have gone “far off the deep end.” He expressed confidence in overturning the body armor ban, emphasizing the protection of constitutionally guaranteed rights.
The lawsuit also highlights that body armor has saved the lives of over 3,000 law enforcement officers, according to a study by the National Institute for Justice. It states that body armor is commonly used for lawful purposes in every state, with American civilians spending $41.9 million on body armor in 2022, a figure projected to rise to $69.2 million by 2034. The lawsuit argues that a negligible percentage of criminals choose to wear body armor while committing crimes.
Since 1984, it has been a felony in New York to wear a “ballistic vest” while committing a crime with a gun, but only a handful of people have been charged with this crime over the past 40 years.
According to Spartan Armor Systems, an Arizona-based body armor company, New York is the only state that bans most private citizens from buying body armor. The company notes that many states have laws preventing criminals from using body armor.
The effort to repeal New York’s restrictions on body armor follows a recent U.S. Supreme Court ruling that struck down a federal ban on bump stocks. This device, banned by President Donald Trump after the 2017 Las Vegas mass shooting, increases the rapid-fire rate of a semiautomatic weapon. The Las Vegas shooter used a bump stock to kill 60 people and injure about 850 others, firing more than 1,000 rounds into a crowd in just 11 minutes.
Prosecutor says deadly shooting in downtown Anderson appears to be self-defense
ANDERSON, Ind. — A deadly shooting in downtown Anderson may have been justified under the law, according to the local prosecutor.
Anderson police confirmed the shooter has not been arrested and the prosecutor said he does not expect to file any criminal charges in this case.
The violence took place just before 10 p.m. Monday in downtown Anderson.
While walking down the sidewalk along 9th Street, investigators believe a 51-year-old local businessman was playing a Pokémon-style scavenger hunt on his phone when a complete stranger ambushed him.
“Just about a block from the courthouse he was approached by a homeless person who punched him in the face and stole his cell phone,” said Madison County Prosecutor Rodney Cummings.
Cummings said that is when the robbery victim pulled out his gun in a parking lot along 9th Street and killed 43-year-old Michael Piercy, just a few hundred feet away from the Madison County Courthouse.
“Everything that’s been presented to me it looks like a very strong self-defense case,” said Cummings.
While the robbery suspect wasn’t armed at the time of the shooting, Indiana law does allow people to defend themselves from a physical attack.
“You can use deadly force to defend yourself or your property if you have reason to believe you could be injured or killed,” said Cummings.
Before he was killed, Piercy also allegedly threatened to harm several other people around downtown.
The prosecutor said while the shooting had a tragic outcome, so far it does not appear to be a criminal homicide.
“I mean this is one where someone defended himself and it could have been worse had he not had a gun, but gun violence is really over the top in the community and this town,” said Cummings.
In a press release on Thursday, Anderson police confirmed it’s believed that an altercation between the two individuals led to the shooting. At present, no arrests have been made, and the investigation is ongoing.
Staff at north Topeka business shoot individual in response to alleged threats
TOPEKA (KSNT) – Police say staff at a local business shot a dangerous individual Wednesday in north Topeka.
Rosie Nichols with the City of Topeka told 27 News in a written statement officers with the Topeka Police Department (TPD) were called just after 11 p.m. on July 10 to a shooting in the 200 block of NW Independence Avenue. Law enforcement was told an individual entered a local business after it had closed for the day.
The individual allegedly pulled out a weapon and began threatening staff. This prompted staff to shoot the individual who then fled the area, eventually arriving at a local hospital.
Nichols said the individual is in stable condition and that officers have made contact with everyone involved in the incident. The investigation into this matter is ongoing.
July 13, 2024
Missouri Sheriffs – as all Sheriffs do – still retain the power to deputize whoever they want, and in the past quite often commisioned ‘Special Deputies’ with no law enforcement status or required duties, primarily as a way to legally sidestep the ban on concealed carry, that is, up until when wanna-be gun grabber John Danforth was Attorney General in the mid 70s, and ruled that reserve deputies had to serve on duty at least 24 hours per month. We then elected him to the Senate where as a mere one of a hundred politicians he was actually less able to bother the citizenry.
NYTimes Frets Over Long Island Executive’s ‘Special Deputies’
If you’re a regular reader here at Bearing Arms, you know that I’ve got my own concerns about Nassau County Executive Bruce Blakeman’s “special deputy sheriffs“, but mine are substantially different than the anxieties of Long Island Democrats shared by the New York Times.
In a piece headlined, “A Trump Ally Is Training 75 Armed Citizens. Is That a Militia?” reporter Corey Kilgannon plays up the fearmongering by Democrats over Blakeman’s plans for a reserve deputy force that would be deployed during emergencies.
The leader of a New York City suburb is recruiting 75 armed citizens, many of them former police officers, for a force of “special deputies” to be activated whenever he chooses.
Nassau County Executive Bruce Blakeman, a Republican who has allied himself with former President Donald J. Trump and thrust himself into the culture wars, posted a call in March for residents with gun permits and an interest in becoming “provisional emergency special deputy sheriffs.”
The posting called the initiative a strategy to assist in the “protection of human life and property during an emergency” such as a hurricane or blackout — and perhaps, Mr. Blakeman later added, “a riot.”
The new force has drawn vocal opposition in this well-to-do Long Island county, which is one of the country’s safest, protected by one of the largest police departments. It has plunged Nassau into a national debate about authoritarianism in an election season that some see as a fork in the road for American democracy.
Whether Nassau County actually needs a reserve force of deputies is an open question, but these types of programs are hardly unusual. They can be found in New York City, San Francisco, and Washington, D.C.; just to name a few deep-blue cities that have similar reserve or auxiliary officer programs in place. And despite Kilgannon’s contention that the reserve force in Nassau County will be under the sole supervision of Blakeman, who could call them out at his whim, the reserve force is run by Sheriff Anthony LaRocco. According to the sheriff, the “Provisional Emergency Special Deputy Sheriffs will have no police powers unless an emergency is declared by the County Executive and they are activated.”
Despite those guardrails, Long Island lefties are losing their minds over what they see as Blakeman’s “private militia”.
There is no such thing as a free nation where the police and military are allowed to keep and bear arms and citizens are not. Our Founding Fathers understood this and enshrined the basic right to self-defense in the U.S. Constitution. The Second Amendment guarantees the absolute ability to live in peace without fear.
The U.S. Supreme Court has, time and again, reaffirmed that right. Yet elected Democrats and other stakeholders continue their all-out assault on this freedom with the ultimate goal of denying law-abiding Americans the opportunity to purchase and carry guns.
That’s why, in 2022, I became concerned when Visa and Mastercard announced they would separately categorize and track purchases for guns and ammunition. This move followed the International Organization for Standardization (ISO), an international standards organization based out of Europe, approving an application for a firearm-specific Merchant Category Code (MCC). This move would set a dangerous precedent targeting legal gun owners, the vast majority of whom are Republicans or independents who lean Right.
A specific MCC for gun purchases would subject Americans attempting to exercise their constitutional rights to unnecessary and unethical surveillance. If rolled out, a national gun registry would be closer than ever, even though it is prohibited by federal law. The Left, however, does not care about the rule of law and they certainly aren’t hiding their desire to take away your freedoms. An elected Democrat recently called a federal gun registry a “wonderful idea.”
A gun-specific MCC is a clear threat to the privacy and Second Amendment rights of all Americans. Not only does it present an easy opportunity for liberal institutions to de-bank firearms sellers, which is abruptly closing financial accounts for religious and political reasons, but it could also discourage Americans from exercising their Constitutionally-protected rights. Importantly, the MCC would do absolutely nothing to improve public safety.
The application for a gun- and ammo-specific MCC came from Amalgamated Bank in 2022, a blatantly Left-wing company that dubs itself America’s “socially responsible bank” and proudly says deposited money supports “sustainable organizations, progressive causes, and social justice.” Upon further examination, it’s clear the organization is closely connected to the Democrat Party. The New York Times in 2015 even called it “the left’s private banker.”
Clients of the union-owned bank include President Joe Biden, Elizabeth Warren and Nancy Pelosi. Additional past and present clients include the Democratic Governors Association, the Biden Foundation, the Democratic National Committee, and Ready for Hillary 2016. Not exactly ardent defenders of the Second Amendment.
Amalgamated has also explicitly called for unconstitutional red-flag laws and says it discriminates against gun, nuclear weapon and ammunition manufacturers and distributors. Radical private organizations like this and the ISO should be nowhere near our Second Amendment.
At the time of the approval, Amalgamated Chief Executive Priscilla Sims Brown said the move “answers the call of millions of Americans who want safety from gun violence.” Does this call supersede the constitutional right to keep and bear arms? As a state representative serving the people of Northwest Tennessee, I can tell you my constituents would say that coastal elites and liberal corporations better stay far away from their guns and finances.
That’s why I set out to ensure this gun tracking scheme would never happen in the Volunteer State. This year, I sponsored the Second Amendment Financial Privacy Act, which was passed by the General Assembly and went into effect July 1. This new law will prohibit financial institutions from requiring retailers to use a specific MCC for firearms sellers in Tennessee.
Law-abiding Americans deserve to make these purchases without fear of liberal corporations and an overbearing federal government coordinating to spy on them. I was proud to provide that peace of mind to Tennesseans with the passage of this new law.
Just before the new law took effect, Tennessee Attorney General Jonathan Skrmetti warned that Visa, Mastercard and American Express were potentially gearing up to ignore it.
“Specifically, I am concerned that your compliance efforts are not sufficient and will allow you and other financial institutions to continue to utilize impermissible codes in violation of Tennessee law,” he said in a June letter to the chief executives of each company.
No credit card company should be able to cancel the votes of millions of Tennesseans by disobeying our policies.
We’ve already seen the Orwellian-like behavior from the Biden Administration and the private companies all too willing to hand over sensitive information. Earlier this year, the House Judiciary Committee revealed federal investigators had asked financial institutions to search customer transactions for various MCCs, stores and phrases, including Cabela’s, Bass Pro Shops, Dicks Sporting Goods, and MAGA.
The goal? Rooting out alleged “extremism” following the events at the U.S. Capitol on Jan. 6, 2021.
If the federal government and private companies are already using banking information to target conservatives, ask yourself why they might want a separate MCC for firearms and ammunition sellers. It’s clear that in attempting to force these codes on Americans, they are also attempting to reshape what the Second Amendment means in our country.
Americans are tired of these people and groups pushing an agenda contrary to our founding ideals. I’m proud Tennessee has taken a stand against the ever-increasing leftist corporate-government alliance meant to intimidate and silence Christians and conservatives. It’s time every state stands with us.
Russell ‘Rusty’ Grills represents District 77 in the Tennessee House of Representatives
Judge dismisses Alec Baldwin’s ‘Rust’ case amid trial over evidence suppression
In a stunning turn of events, a New Mexico judge dismissed Alec Baldwin’s “Rust” case Friday, on day three of his manslaughter trial.
The judge granted the defense’s motion to dismiss the case, in which they claimed live ammunition that came into the hands of local law enforcement related to the investigation into the deadly on-set shooting was “concealed” from them.
Judge Mary Marlowe Sommer said the state’s discovery violation regarding the late disclosure of a supplemental report on the ammunition evidence “injected needless delay into the proceedings,” approached “bad faith” and was “highly prejudicial to the defendant.”
“There is no way for the court to right this wrong,” Sommer said in granting the motion to dismiss with prejudice, meaning Baldwin cannot be tried again on the charge.
Baldwin reacted emotionally as the judge explained her ruling and could be seen hugging his wife, Hilaria Baldwin, in the courtroom.
The decision followed a day-long motion hearing Friday amid the actor’s involuntary manslaughter trial over the death of “Rust” cinematographer Halyna Hutchins, who was fatally shot by Baldwin on the Santa Fe set of the Western in October 2021 when his revolver fired a live round.
The court discussed the defense’s motion in the absence of the jury. In an unexpected move, the special prosecutor on the case, Kari Morrissey, also called herself to testify on the matter.
During cross-examination of Morrissey, it was revealed that the other prosecutor in the case, Erlinda Ocampo Johnson, resigned from the case on Friday. Morrissey said it was because Johnson “didn’t agree with the decision to have a public hearing.”
States with more restrictive gun laws had lower rates of firearm-related suicide among children yet saw no effect on child homicide rates as gun remain the leading cause of death among children—but researchers warn the strict laws may be inadvertently harming Black children, the very group they’re trying to protect.
More than 87% of the children who died by suicide were white and 85% were male, while almost 60% of the kids who died by homicide were Black and boys made up 80.5% of these deaths.
States with mandatory waiting periods and safe storage laws had lower child suicide rates, while those with “stand your ground” laws—which allows the use of reasonable deadly force as a form of self defense—had higher suicide rates.
States with minimum age limits for possession or purchase of guns didn’t see any significant reductions in child suicide rates.
There were no differences in child homicide mortality rates between states with firearm laws compared to those without such laws.
As Black kids are the most affected by gun-related homicides, disproportionately targeted by law enforcement and suffer from different outcomes in mental health care, criminalizing firearms may “inadvertently differentially penalize the same communities these laws are intended to protect,” according to the researchers.
Theft? If so, when? Was there a by sight, serial number inventory actually made when the Army delivered the pistols to CMP?
July 12, 2024
Court Holds Federal Ban on Home-Distilling Exceeds Congress’ Enumerated Powers.
Yesterday, in Hobby Distillers Association v. Alcohol and Tobacco Tax and Trade Bureau, a federal district court in Texas held that federal laws banning distilled spirits plants (aka “stills”) in homes or dwellings exceed the scope of Congress’ enumerated powers. Specifically, the court concluded that the prohibitions exceed the scope of the federal taxing power and the Interstate Commerce Clause, even as supplemented by the Necessary and Proper Clause. The court further entered a permanent injunction barring enforcement of these provisions against those plaintiffs found to have standing (one individual and members of the Hobby Distillers Association.) The plaintiffs were represented by attorneys at the Competitive Enterprise Institute, and background on the case (and the various filings) can be found on CEI’s website here.
Hobby Distillers Association has the potential to be a significant post-NFIB challenge to the expansive of use of federal power. A few excerpts from the decision are below the jump.
WASHINGTON – Federal regulations prohibit any licensed importer, manufacturer, dealer, or collector to sell or deliver any firearm to an individual who does not reside in the state in which the licensee’s place of business is located.
U.S. Senator Kevin Cramer (R-ND) led his colleagues in introducing the bicameral Firearms Interstate Commerce Reform Act (FICRA) to modernize and streamline the legal framework governing interstate firearms transactions. House Majority Leader Steve Scalise (R-LA-01) introduced a companion measure in May.
“The Second Amendment rights of law-abiding citizens should not dissipate at state lines,” said Cramer. “For decades, outdated regulations have placed unnecessary burdens on our nation’s federal firearm purchasing laws. The Firearms Interstate Commerce Reform Act fortifies Second Amendment liberties by ensuring citizens can purchase and bear arms nationwide. It also enhances lawful commerce and supports our military members and their families, all while respecting states’ laws and regulations.”
“Our federal firearm purchasing process is unnecessarily complicated and is unfair for law-abiding citizens, small businesses, and our service members willing to put their lives on the line for our country. The need to modernize and simplify our federal firearm purchasing laws is long overdue and I’m pleased this bill will finally right this wrong,” said House Majority Leader Scalise.
Additional cosponsors include U.S. Senators John Barrasso (R-WY), Marsha Blackburn (R-TN), Ted Budd (R-NC), Bill Cassidy, M.D. (R-LA), John Cornyn (R-TX), Tom Cotton (R-AR), Mike Crapo (R-ID), Steve Daines (R-MT), John Hoeven (R-ND), Cindy Hyde-Smith (R-MS), Cynthia Lummis (R-WY), Roger Marshall, M.D. (R-KS), Markwayne Mullin (R-OK), Jim Risch (R-ID), Rick Scott (R-FL), Tim Scott (R-SC), and John Thune (R-SD). The legislation has been endorsed by the National Rifle Association (NRA) and the National Shooting Sports Foundation (NSSF).
“This legislation would modernize the way firearms are sold under federal law and remove arbitrary barriers for law-abiding gun buyers and sellers,” said Randy Kozuch, Executive Director of NRA-ILA. “On behalf of the NRA’s millions of freedom-loving members, we applaud Senator Cramer for championing this legislation to benefit gun owners nationwide.
“This is common-sense legislation that would allow law-abiding Americans to purchase firearms of their choosing while ensuring state and federal laws are enforced,” said Lawrence G. Keane, NSSF Senior Vice President and General Counsel. “Americans are allowed to purchase long guns across state lines. This bill would extend that right to handguns. Your Second Amendment right to acquire and keep a handgun for self-protection does not end at your state’s border. This bill would remove an arbitrary and unconstitutional infringement on Americans’ Second Amendment rights.”
Former NRA CFO Wilson “Woody” Phillips Ripped Us Off & Now Owes Back Millions
As dedicated NRA supporters, we know it’s maddening to witness the betrayal from within our own ranks. The latest news reveals the agreed-upon settlement that Wilson “Woody” Phillips, the former CFO of the NRA, confessed to unethical conduct, further deepening the trust issues we’ve had with the organization’s leadership.
Phillips’ Deceitful Contract
Without disclosing their relationship, Phillips admitted to awarding a $1.36 million contract to HomeTelos, a tech company run by his then-girlfriend Nancy Richards. This was a blatant violation of NRA policies designed to prevent conflicts of interest. It took whistleblowers raising the alarm for Phillips to finally come clean about his actions long after the contract had ended.
Shielding LaPierre’s Extravagance
Phillips didn’t just stop at self-serving contracts. Among other things, Phillips was accused of approving invoices for LaPierre’s private jet flights to the Bahamas; facilitating payments to contractors owned by LaPierre’s friends; and allowing an arrangement through which the NRA paid back its longtime advertising agency, Ackerman McQueen, for travel, makeup and other expenses it covered for LaPierre and his wife. He was a key player in hiding Wayne LaPierre’s outrageous spending from the NRA’s internal controls. LaPierre, with Phillips’ assistance, misused millions of dollars on luxury travel, and even yacht trips. This was money meant to protect our Second Amendment rights, not fund their extravagant lifestyles.
$2 Million In Damages To The NRA
Now, Phillips is facing the consequences. He’s been banned from managing any not-for-profit’s finances in New York for the next ten years and owes $2 million in damages to the NRA. This settlement spares him from participating in the trial’s second phase but does little to restore our trust.
The Bigger Picture
This scandal is just the latest in a series of revelations about mismanagement at the NRA. We’ve seen how LaPierre, Phillips, and other top executives have abused their positions and our donations. The jury recently found LaPierre guilty of spending millions in NRA funds on personal luxuries and ordered him to repay almost $4.4 million. This betrayal cuts deep, especially for those of us who have invested our time, money, and trust in the NRA’s mission.
Taking Back Our Organization
As the trial continues, Attorney General Letitia James is pushing for measures to ensure this kind of corruption doesn’t happen again. She’s seeking an independent monitor for the NRA’s finances and wants to ban LaPierre from any leadership roles in New York charities. Manhattan Judge Joel Cohen will decide the remaining issues in the case beginning July 15th, 2024, including whether former LaPierre and ex-general counsel John Frazer should be barred from charitable organizations in the state.
For us, the rank-and-file members. We need to reclaim our organization from these corrupt individuals and ensure our contributions are used to fight for our rights, not to bankroll the lavish lifestyles of a few dishonest leaders. It’s time for a thorough cleanup and a return to the principles that made the NRA a powerful defender of the Second Amendment. Let’s demand accountability and integrity from those who represent us.