Man can argue he needed handgun because police did not protect him, N.J. court rules

A state appeals court has reversed a man’s handgun possession conviction after finding he should have been able to argue he needed it for protection from people trying to kill him for cooperating with police.

The court, in a Tuesday decision, found merit in the man’s arguments that the danger he faced was real, and that authorities had not sufficiently helped him – after he’d helped them by wearing a wire in an investigation.

The man, who was identified only by his initials, was beat up twice, shot at once and moved residences before finally arming himself in case his attackers accosted him again, the decision describes.

Before that occurred, a Lawrence police officer arrested him during a traffic stop in 2015, and found the Beretta pistol in his pants. He was 21 years old at the time.

After being unable to suppress the gun evidence and the trial judge in Mercer County ruling against his defense, the necessity defense, the man took a plea bargain. A judge sentenced him to eight years behind bars with four as a mandatory minimum.

The man’s appeal failed in one part. He argued that the Lawrence police officer overstepped during the traffic stop by asking the driver to roll down the rear, tinted windows, where he found the man as one of two backseat passengers.

The officer also smelled marijuana and eventually searched the car, with the driver’s consent, and the occupants – and only found the gun in the defendant’s pants. One bullet was in the chamber.

The appeals court found the officer’s actions lawful, as he was dealing with four people during a nighttime stop and the steps he took to protect himself were reasonable.

The court took issue with the barring of the necessity defense, which allows defendants to argue that their conduct, while normally illegal, was necessary or justified in a limited instance – in this case, carrying a gun.

The decision says the man described his situation to a police detective: he’d helped police and prosecutors in a prior case and now people were “after him.”

After the two assaults and being fired upon, and moving, he sought help from a detective and the prosecutor from the case, but received no assistance. He told police he wanted to move out of state, but could not due to being on probation.

He then admitted obtaining the gun a few days prior and knew it was loaded with the bullet.

He had a plan, he told the detective interviewing him, that if confronted a fourth time, he’d fire the gun and flee.

The Mercer prosecutor’s office argued against the necessity defense in the appeal, saying the man had not qualified for the defense, specifically that he had not been met with an “imminent and compelling” emergency.

The appeals court disagreed.

The man wore a wire for police. “By doing so, he assisted police in performing their duty to protect the public. Through no fault of his own, his cooperation with the police led to him being beaten up twice and fired upon in his own community,” the decision said.

“Defendant was acutely aware that other individuals in the community wanted to hurt or kill him. We find more than sufficient evidence … to conclude that the threat to defendant was ‘imminent and compelling,’ and raised a reasonable expectation in the defendant that he would suffer physical injury, if not death,” the decision went on.

The defendant’s, “plea to law enforcement for assistance went unanswered. He tried to move out of state to avoid the threat to his life, however he was unable to do so. Defendant also changed his local residence to avoid encounters with his attackers, which didn’t work, as he was attacked outside his new home.”

“Consequently,” it said, “he faced a crisis with no opportunity to avoid repeated assaults until he was severely injured or killed.”

A jury should hear those arguments and be the deciders, the decision says.

NY AG appeals judge’s decision halting enforcement of most new carry restrictions

New York Attorney General Letitia James is asking the Second Circuit Court of Appeals to overturn a federal judge’s decision to halt enforcement of many aspects of the state’s new Concealed Carry Improvement Act, arguing that there’s a “serious risk of irreparable harm to public safety and the possibility of regulatory chaos” if U.S. District Judge Glenn Suddaby’s decision to grant a temporary restraining order is allowed to take effect.

Suddaby’s ruling left intact, at least for now, the draconian training requirements imposed by the state in the wake of the Supreme Court’s decision in New York State Rifle & Pistol Association v. Bruen, but barred enforcement of most of the state’s new “sensitive places” where guns are banned, as well as many of the other requirements mandated for those applying for a concealed carry permit; turning over social media accounts and informing authorities of all other family members living with the applicant among them.

In her request to the Second Circuit, James claims that if the appeals court allows the TRO to take effect, the result will be massive confusion over the status of the law, which might be true but pales in significance compared to the daily deprivation of the right to keep and bear arms that the CCIA has enabled.

Exposing eighteen million New Yorkers to a heightened risk of gunfire severely outweighs any prejudice to plaintiffs here from a stay.Five plaintiffs allegedly wish to carry guns into specific sensitive or restricted places, such as the Rosamond Gifford Zoo, the airport for a flight to Tennessee, the church where one plaintiff lives, or Catskills State Park, through which another plaintiff must drive.

Yet the district court restrained defendants from enforcing the challenged CCIA provisions on a statewide basis, as applied to anyone — a remedy far beyond what relates to the individual harms alleged.

Well, no. Virtually everyone who possesses a concealed carry permit and all those who wish to do so are being harmed by the state’s new restrictions. As for the potential for “regulatory chaos” if the new laws are halted, I have news for James and other anti-gun Democrats: the CCIA is already sowing confusion. In fact, in St. Lawrence County no concealed carry applications have been issued since the law took effect back on September 1st because no one is clear on what the law entails.

“We just haven’t been accepting applications since the new law has taken effect. Number one, the state has already changed the application that they originally came out with once. You know, to keep processing stuff that’s not even right to begin with. So at this point basically what it is is that we’re waiting for clarification from both the state and the judge,” said Santamoor.

As New York’s gun laws work their way through the courts, gun shop owner Matt Pinkerton is frustrated, believing the new laws were flawed from the start.

“I completely understand why the permit process would be slowed or halted at this point because the governor has put into place a system that is very logistically difficult to enact,” he said.

For New York lawmakers, the confusion isn’t a bug, but a feature of the new law meant to artificially depress the number of citizens exercising their right to carry a firearm in self-defense.

James offered no real historical analogues to the sweeping number of locations deemed “sensitive” and off-limits to concealed carry. Instead, she argues to the Second Circuit that it’s the plaintiffs themselves who had the burden of showing that the Second Amendment’s text and tradition “plausibly encom-passed any of these areas.” In a bit of circular logic, James claims that once a state has declared a location to be a “sensitive place”, it should automatically be presumed to be justified.

Carrying weapons in sensitive places has traditionally been “altogether prohibited.” These areas thus fall outside the “scope of the Second Amendment,” and are “an exception to the general right to bear arms” codified therein. 

The question, of course, is whether New York is violating the Second Amendment rights of its residents by declaring broad swathes of the state to be “gun-free zones.” Under James’s argument, once the state has deemed a particular location to be “sensitive”, it automatically falls outside of the Second Amendment’s protections; a nice trick, but one that flies in the face of what the Supreme Court actually said in Bruen.

James also takes issue with how Suddaby determined that many of the state’s “sensitive places” don’t have similar analogues in U.S. history.

Second, the court’s analogies were flawed—none more so than for barring weapons on mass transit, which the court held to be inconsistent with nineteenth-century laws authorizing carrying pistols when “‘on a journey.’” Old and new regulations may be “relevantly similar” in many ways.

Comparing hurtling through tunnels in electrically powered cars filled with thousands of people (including schoolchildren and the elderly) to journeying via horse through the countryside is like saying that “a green truck and a green hat are relevantly similar” because both are green.

It’s worth noting that “hurtling through tunnels in electrically powered cars” with a permitted concealed firearm was perfectly legal on New York City subways until just a few weeks ago. The ban on concealed carry on public transportation in the city and state wasn’t enacted until after the Bruen decision was handed down; before that those chosen few who were lucky or well-connected enough to receive a permit were perfectly fine carrying on the subway. Only after the average New Yorker was told she could do the same did the state reverse course and declare mass transit to be “sensitive places” where guns must be banned; again without any evidence that there were similar bans in place at the time of the ratification of either the Second or Fourteenth amendments.

All in all I found James’ initial filing to be less than impressive, but given the Second Circuit’s past hostility towards the right to keep and bear arms she might not need a strong argument to be successful at blocking Suddaby’s ruling from taking effect… at least immediately. No matter what the Second Circuit decides, expect this to be appealed up to the Supreme Court, and hopefully it won’t take long for the justices who struck down New York’s “may issue” laws to halt enforcement of the state’s latest infringements on the right to keep and bear arms.

SAF FILES MEMORANDUM FOR PRELIMINARY INJUNCTION

BELLEVUE, WA – Attorneys for the Second Amendment Foundation’s challenge of California’s new law that includes a one-way fee-shifting penalty to discourage lawsuits against restrictive gun laws have filed a memorandum of points and authorities in support of their motion for a preliminary injunction.

Attorneys Bradley A. Benbrook and Stephen M. Duvernay of the Benbrook Law Group, PC, and David H. Thompson, Peter A. Patterson and Joseph O. Masterman of Cooper & Kirk, PLLC filed the memorandum, which asserts plaintiffs have already suffered harm due to the constitutional violations contained in the new law.

The lawsuit, and this new memorandum, allege the law (Section 1021.11 of the California Penal Code) is unconstitutional under the Supremacy Clause, and that it also violates the First Amendment right to petition the government for redress of grievances. The statute also discriminates against gun rights plaintiffs in violation of the Equal Protection Clause of the 14th Amendment, according to the lawsuit.

SAF is joined by Gunfighter Tactical, LLC, PWGG, L.P., the San Diego County Gun Owners’ PAC, California Gun Rights Foundation, Firearms Policy Coalition, Inc., Dillon Law Group, P.C., John Phillips, Ryan Peterson, George M. Lee, John W. Dillon and James Miller, for whom the lawsuit is named.

The new motion also says Section 1021.11 has “caused several Plaintiffs to dismiss or refrain from bringing additional lawsuits challenging other California firearms regulations that they believe are unconstitutional.”

“We are pulling out all the stops in fighting this new statute because of its egregious nature,” said SAF founder and executive vice president Alan M. Gottlieb, one of the plaintiffs in the case known as Miller v. Bonta. “Section 1021.11 is part of Senate Bill 1327, adopted earlier this year in reaction to a Texas law passed last year, which is about abortion. The California law was crafted as a political response to the Texas statute, which California Attorney General Rob Bonta, the chief defendant in our case, described as ‘blatantly unconstitutional.’

“Bonta is trying to have it both ways,” Gottlieb continued. “He simply cannot protest a law he considers unconstitutional by enforcing another law which is equally unconstitutional in what amounts to a childish political snit that began with California Gov. Gavin Newsom and the California legislature.”

 

Local Work By Anti-Gun Radicals Emphasizes Need For Preemption

We usually spend a great deal of time talking about the impact on the Second Amendment made at the federal and state level. But it is important to remember that attacks on our right to keep and bear arms are often made at the local level, and we don’t want these affronts to freedom to slip under anyone’s radar. Statewide preemption statutes that reserve the authority to enact gun-control laws to state legislatures are critical to diminishing these efforts. They help to avoid a patchwork of conflicting laws and regulations throughout a state.

Unfortunately, not every state has a preemption statute, and even with them in place, anti-gun local authorities regularly work to challenge, undermine or circumvent them. Here are a few of the things extremists have tried to do, or actually have done, at the local level to undermine law-abiding gun owners that may not have caught the attention of national news coverage.

Boulder County Adopts Gun Control
In Colorado, the Boulder County Commissioners unanimously voted to pass a gun-control package consisting of five ordinances to infringe on your Second Amendment rights. Commissioner Matt Jones claims these ordinances are “common-sense gun violence laws designed to help keep people safe,” but, apparently, common sense isn’t common. These ordinances are restrictions that attack your constitutional right to bear arms and do nothing to promote public safety.

The gun-control package includes: banning the sale of firearms to anyone under the age of 21; requiring a waiting period of 10 days to sell or purchase a firearm; prohibiting the carrying of firearms in a number of public places; banning the sale of “assault rifles,” “large” magazines, and trigger activators; and regulating the possession of unfinished gun frames and guns without serial numbers, sometimes referred to as “ghost guns.”

The city council forced this gun-control package through at the beginning of July with no opportunity for public comment. The first public hearing was in early August, which is conveniently when the gun-control package went into effect. Cities in Colorado like Boulder have had the authority to pass a patchwork of confusing and conflicting local laws throughout the state since Colorado repealed its firearms preemption statutes last year. By doing this, Colorado became one of the few states to take away the state legislature’s sole authority to regulate firearms, and the various cities’ gun-control regulations have already begun to create inconsistency and uncertainty statewide.

Pima County Passes Resolution Calling for Repeal of State Preemption Statute
In Arizona, the Pima County Board of Supervisors passed a resolution in early August calling for a lawsuit to challenge the state’s preemption statutes, as well as urging the state legislature to repeal them. This resolution falls in line with efforts by both Pima County and Tucson to pass local gun-control ordinances. In 2017, the Arizona State Supreme Court ruled in the State’s favor, causing the City of Tucson to repeal an ordinance that was in violation of the state statute.

The Arizona Legislature enacted the state firearms preemption law in 2000, which has been modified and strengthened over the years, most recently in 2016.

Columbia to Consider More Gun Control
South Carolina’s capital city, Columbia, submitted a draft ordinance to Attorney General Alan Wilson’s office in July, asking if it violates the state’s preemption law. The draft ordinance victimizes gun owners who have suffered the loss or theft of their property if they fail to report a lost or stolen firearm within a certain period of time after discovering it missing. Nearby Virginia passed a similar law in 2020, which has not only been ineffective in hindering criminals, but also has been almost unenforceable, as there have been just three civil penalties in the two years it has been in effect.

Attorney General Wilson has previously stopped Columbia from violating the state’s preemption law, which prevents localities from passing their own gun control. Columbia’s newest effort is just another waste of time and taxpayer resources while doing nothing to hold criminals accountable for their actions, such as stealing firearms, and get them off the streets.

As we went to press for this issue, Attorney General Wilson had not yet responded to Columbia’s request for his opinion.

Woman Who Had Never Fired A Gun Before, Shoots And Wounds Burglar In Attempted Robbery

A North Carolina resident named Tarika McAllister fired a gun for the first time last week and it helped put a man who broke into her home behind bars.

According to WRAL-TV, McAllister, who lives in the city of Dunn, was home alone when she awaken by loud noises and her dog barking around 6 a.m last Tuesday. After hearing the sounds coming from the rear of her house, she went to check if everything was okay. McAllister was stunned to find a man attempting to steal some of her items —including her dog. It was at that moment that she took matters into her own hands.

The 29-year-old yelled for the intruder to get out, but he was unphased. Fortunately, within her reach was the gun she kept stored. And although she had never used it before, she put her nervousness aside and grabbed it.

“All I did was turn around and grab the gun,” McAllister told WRAL. “I was fumbling with it. It’s my first time using it.”

McAllister added that she lifted the safety and did what she had to do.

“I just lifted it up, and I started shooting at him, wherever he was moving to, I just shot him out of the house,” she said.

When the police arrived to the scene, they found the thief, who has been identified as 20-year-old Malihk Giles, only about 200 yards from McAllister’s home with two gunshot wounds, one on his right lower leg and the other on his right side. After his wounds were treated at a local hospital, he was taken into custody at Harnett County Detention Center where he is being held on charges of first-degree burglary and possession of stolen property with a $75,000 bond. McAllister and Giles had no connection to each before the incident but according to McAllister, she experienced a similar incident at her home just three weeks prior. Luckily, she was able to just scare the man away.

“I know a lot of women are scared of guns,” says McAllister. “I feel those are the best protectors for us because we can’t fight a man. We can’t fight an intruder off.”

Although she’s still shaken up and it’s difficult for her to be alone at the moment, McAllister feels “stronger” now and ready for any other attempt at a home invasion in the future.

The answer to those first two questions is another one
‘Are you kidding me?’

Prudence Is a Virtue
The ethical man is also the prudent man. Is Joe Biden prudent? Was it prudent to talk about the prospect of Armageddon?

Joe Biden has me thinking about Aristotle.

If that seems odd—and I understand that it does—consider Biden’s much publicized remarks last week at a Democratic fundraiser about “Armageddon.” Referring to Vladimir Putin’s veiled but increasingly strident threats to use “all the means at our disposal” to defend Russian territorial integrity, Biden went full-Cuban missile crisis on the assembled members of the great Democratic ATM: “We have not,” he said, “faced the prospect of Armageddon since Kennedy and the Cuban missile crisis.”

Hmm.

Are we to infer that Joe Biden is like John F. Kennedy facing down Nikita Khrushchev? You might think that. I couldn’t possibly comment.

Granted, the idea is preposterous in about 87 different ways. But perhaps Biden’s speechwriters wanted to plant a seed. Anyway, we are probably meant to keep JFK in the back of our minds.

Biden did not actually cite the Book of Revelation, which identifies Armageddon as the site of the final battle between good and evil at the end of the world, but I have no doubt that the word “Armageddon” was echoing loudly down the corridors of the Kremlin. That, I am pretty sure, was by design. Did it have Putin polishing the launch apparatus on some of his 6000 nukes? I don’t know.

Probably, though, Putin’s lips were pursed when he heard Volodymyr Zelenskyy, the Ukrainian president and celebrated T-shirt model, call upon NATO to conduct “preventative action” against Russian targets to prevent their use of nuclear weapons in Ukraine.

I thought it was cute that Zelenskyy’s translator first said “preventative strikes” before correcting himself and substituting “preventative action.”

Another seed planted. Was it deliberate? You tell me.

This is the first of two places that this little pas de deux (or is it trois?) reminded me of Aristotle.

You don’t have to know much about ye olde Stagirite to know that he had some interesting things to say about the idea of causation. When we ask about the cause of something, he noted, there are several things we might mean. I won’t go into that interesting discussion here but will note that in common parlance, when we ask what causes X, we are asking what brings X about.

Often, the answer to that question involves several things, some less obvious than others. What caused World War I? German aggression? Unwise alliances and security guarantees in the West? The assassination of Archduke Ferdinand? All of those and more?

In this sense, when we are thinking about what is happening—and what might happen—in Ukraine, we have an abundance of what Aristotle called “efficient causes.” First of all, there is Vladimir Putin. After all, he invaded Ukraine last winter and so brought about the conflict that is raging there now.

But as the war has unfolded, we see that there are many other causative agents at work in perpetuating and escalating the conflict. Zelenskyy has contributed his bit. So has NATO by suggesting that anyone, except Russia, might be a good candidate for that boy’s club. And so has the Biden Administration by supplying arms and intelligence to Ukraine to carry on the fight.

What if that hot war gets hotter? What if Putin continues to suffer setbacks and, taking on board the belligerent rhetoric emanating from the Biden Administration, decides to use nuclear weapons? What if we intervene ourselves with nukes? Who or what will have caused that horrific eventuality

The answer, I think, is not as simple or straightforward as you might think. Sure, if Putin uses nukes, he can be said to have caused the conflagration. But what about statements designed to push Putin to the wall? What role will they have played?

Consider, to take just one example, the recent column by John Bolton, unhappy chest-beating former national security advisor to Donald Trump and one of the most belligerent senior neocons on the scene today. Bolton said that “There is no long-term prospect for peace and security in Europe without regime change in Russia.” Regime change. And he made it crystal clear that he would be happy for America to go to war to achieve said regime change, i.e., removal of Putin from power.

Like almost all leaders, Vladimir Putin will strenuously resist such efforts. Which is why Scott McKay, in an intelligent column for the American Spectator about Bolton’s saber-rattling effusion, included some sage advice from the venerable Sun Tzu: “Build your opponent a golden bridge to retreat across,” Sun Tzu advised. That is, give Putin an attractive off-ramp. As McKay put it, “A wise American leadership would be building that golden bridge for Putin, not openly plotting his downfall.” Because, as Sun Tzu warned, “an opponent with his feet in the river will fight to the death.” Often, it is worth remembering, to the death of both parties.

“A wise American leadership.” Is that what we have now?

That question brings me to my second page from Aristotle.

At the center of Aristotle’s ethics is the concept of “prudence.” The ethical man is also the prudent man. Is Joe Biden prudent? Was it prudent to talk about the prospect of Armageddon when his relevant audience was not a bunch of Democratic moneybags but an increasingly isolated and jumpy Russian dictator?

This was something that worried Emmanuel Macron, the president of France. “We must,” he said in response to Biden’s talk of Armageddon, “speak with prudence” when we speak of such matters. “I have always refused to engage in political fiction,” Macron continued, “especially . . . when speaking of nuclear weapons.”

Most of the time, I am not part of the French president’s fan club. But I do think that he is 100 percent right in this case. It is good, peace-loving advice. It is a pity that Biden and his handlers seem less and less willing to follow it.

Why Did Biden Just Send Top U.S. Officials to Meet With the Taliban?

In a shocking development Saturday afternoon, it was first reported by CNN that top officials within the Biden administration met with top Taliban leaders in Doha, Qatar, marking the first meeting with the terrorist group since al Qaeda leader Ayman al-Zawahiri was vaporized by a U.S. drone strike in July, under Taliban care and comfort.

CNN noted:

The administration sent the CIA’s deputy director and the top State Department official responsible for Afghanistan to the Qatari capital of Doha for the talks with the Taliban delegation which included their head of intelligence, Abdul Haq Wasiq.

The presence of CIA Deputy Director David Cohen and the Taliban’s Wasiq at the meeting on Saturday indicates an emphasis on counterterrorism. The White House last month called cooperation with the Taliban on counterterrorism “a work in progress.”

Cohen was accompanied by the State Department’s Special Representative for Afghanistan, Tom West, who has often led engagement with the Taliban since the US withdrawal last year.

The goal of the meeting is still unclear, but it comes in the wake of recent news regarding a giant pile of cash — $3.5 billion — that Taliban leaders in Afghanistan would love to get their hands on. The money was frozen after the Taliban took over Afghanistan following President Joe Biden’s disastrous, failed withdrawal of U.S. troops, allowing terrorist masterminds back to their sandy playground.

The meeting also comes just weeks after Taliban terrorists celebrated the first anniversary of Biden’s botched pullout by parading some of the billions in top-tier U.S. military equipment left behind by Biden and Pentagon brass.

Continue reading “”

Chickasaw Gardens shooting ruled self defense

UPDATE: Investigators determined that the deceased man who entered the home had recently done work there. Evidence was presented to the DA’s Office and it was determined that this was an instance of justifiable force in self-defense.

MEMPHIS, Tenn. — A man is dead after Memphis Police responded to a shooting call Friday night.

Police responded to the 3000 block of Goodwyn Circle in the Chickasaw Gardens neighborhood and found a man suffering from a gunshot wound.

He was pronounced dead on the scene. Police are now investigating and have one person detained.

Masked intruder shot to death breaking into North Side residence

A masked and possibly armed intruder was shot to death after breaking into a North Side residence early Friday, Madison police said.

The man broke into the home at 1714 Packers Ave. about 2:30 a.m. and was fatally shot by one of the people inside, Chief Shon Barnes said at a news conference later Friday morning at the scene. A man, a woman and a girl were in the duplex at the time the masked man broke in, he said, and “shots had been fired.” No one else was hurt.

The Dane County Medical Examiner’s Office on Wednesday identified the man as James M. Turner, 35, of Madison.

Police were called by the woman at the home, and the man who had been in the home met them outside and led them to the dead man, police said. Multiple weapons were found at the scene, but it wasn’t immediately clear to whom they belonged.

The Dane County Medical Examiner’s Office will release the identity of the dead man, Barnes said. The chief did not release the names or ages of the people in the home but said they are cooperating with police. He said the girl is older than a toddler.

“She’s with her mother now, and detectives are talking to them to try to figure out why this particular residence was targeted, what issues may have been involved,” Barnes said.

Police had no information yet on whether anyone might face charges.

Standard practice for demoncraps and their organs. The “different bill” is actually Biden trying to promise he’ll somehow forgive student loans.

Yes, Democrats, Sometimes a ‘Good Guy With a Gun’ Does ‘Stop the Bad Guys.’ Here’s Proof.

In a press conference defending the state’s new restrictions on concealed carry permit holders, New York Gov. Kathy Hochul, a Democrat, told reporters last month: “This whole concept that a good guy with a gun will stop the bad guys with a gun, it doesn’t hold up. And the data bears this out, so that theory is over.”

With all due respect to the governor, she clearly hasn’t actually looked at the data.

Almost every major study on the issue has found that Americans use their firearms in self-defense between 500,000 and 3 million times annually, according to the latest report on the subject by the Centers for Disease Control and Prevention. Just this year, a more comprehensive study concluded that roughly 1.6 million defensive gun uses occur in the United States every year.

For this reason, The Daily Signal each month publishes an article highlighting some of the previous month’s many news stories on defensive gun use that you may have missed—or that might not have made it to the national spotlight in the first place. (Read other accounts here from 2019, 2020, 2021, and so far in 2022.)

The liberal Left continue to push their radical agenda against American values. The good news is there is a solution. Find out more >>

The examples below represent only a fraction of the news stories on defensive gun use that we found in September. You may explore more by using The Heritage Foundation’s interactive Defensive Gun Use Database. (The Daily Signal is Heritage’s multimedia news organization.)

  • Sept. 1, Detroit: A woman shot and wounded a man who ran onto her porch while fleeing from police after a hit-and-run. The woman told police that she felt threatened by the man and couldn’t tell what was in his hand when he approached her. The man was charged with fleeing police, resisting arrest, and obstructing justice.
  • Sept. 3, Adams Run, South Carolina: Police said a homeowner isn’t expected to face charges after he shot and wounded a man who smashed a window and climbed into his home in the middle of the night. The suspect apparently had been drinking and doing drugs at a nearby party before he broke in. Police said they found a small bag of cocaine in his possession.
  • Sept. 9, Pensacola, Florida: When a would-be robber with a shotgun entered a convenience store, the clerk ran to a back room and grabbed his own firearm, police said. The threat of armed resistance apparently stunned the robber, who told the clerk: “I’m not from around here. … I’m from Chicago, bro,” before fleeing. No shots were fired. Police arrested a suspect several days later.
  • Sept. 9, Channelview, Texas: A woman was home with her three children—a 12-year-old and two 17-year-olds—when four armed and masked men tried to force their way inside, police said. One of the teens grabbed a shotgun and fired several rounds at the intruders, killing two and sending the other two fleeing.
  • Sept. 13, Chicago: Police said that two gunmen randomly opened fire on a family celebrating a grandmother’s birthday, critically injuring a 13-year-old boy who was returning to the party with his uncle after buying a game at a nearby store. The uncle, a concealed carry permit holder, returned fire at the gunmen, and they fled. The wounded teen was expected to survive, but faces a long road to recovery. Police later arrested two men and charged them with attempted murder.
  • Sept. 14, Hyattsville, Maryland: A resident saw a would-be package thief struggling with a Postal Service deliveryman and tried to intervene, police said. The thief then assaulted the resident and chased him into his house. The resident was able to reach his handgun and shot the thief once in the leg, wounding him, police said.
  • Sept. 17, Ridgeland, Mississippi: Police said that the owner of a popcorn store shot and wounded a teenage girl who pulled a gun on him while trying to shoplift. The teen was taken to a hospital for treatment before being charged as an adult with aggravated assault with a weapon.
  • Sept. 19, Tenino, Washington: A homeowner whose property had been burglarized multiple times spotted two suspicious all-terrain vehicles parked near a storage trailer and alerted his brother, who lived nearby, police said. Armed with a rifle, they confronted two burglars who were breaking into the trailer. One burglar immediately fled, but the second charged at the homeowner and his brother. The homeowner shot him once, wounding him. Police later arrested the first burglar.
  • Sept. 23, Collingdale, Pennsylvania: A man was walking to work early in the morning when a car with headlights off stopped in front of him, blocking his path, police said. Three masked individuals exited and approached the man, and one of them appeared to reach for a gun. The man drew his own legally possessed gun and fired, hitting one person in the leg. The three fled. Police later arrested a 15-year-old girl and a 22-year-old man in connection with the attempted robbery. Investigators determined that the vehicle used had been stolen during a carjacking in Philadelphia.
  • Sept. 24, Patterson, California: A woman fatally shot an intoxicated intruder who had assaulted her husband while trying to break into the couple’s home, police said. The husband initially tried to restrain the intruder, but ended up being injured in “a significant fight,” police said. The woman saw her husband struggling, grabbed a handgun that she had legally acquired just one day earlier, and shot the intruder.
  • Sept. 28, Wichita, Kansas: Police credited the actions of an armed bystander with helping to save a motorist’s life during a brutal knife attack. The assailant rammed a man’s car on purpose, smashed out the windows with nunchucks, then began stabbing the driver as he tried to get his two young children out of the car, police said. One witness drove her car at the suspect, stopping his attack. The bystander then held the assailant at gunpoint, allowing others to give first aid to the badly injured man, police said.
  • Sept. 30, Missoula, Montana: A driver was stopped at a traffic light when he saw a machete-wielding man chasing someone down the street, police said. Armed with his handgun, the driver confronted the assailant and held him at gunpoint until police arrived. The suspect was charged with three counts of felonious assault with a weapon.

As these recent cases show, the reality of armed citizens defending life, liberty, and property never has been more relevant, or more supported by the available evidence.

Restricting the Second Amendment rights of law-abiding Americans doesn’t make them safer. It just hinders their ability to protect themselves and others, making them even more vulnerable to attacks by criminals who know their victims are defenseless.

A Second Amendment With Teeth
The Court’s Bruen decision actually protects Americans’ Second Amendment rights.

Democrat-controlled state governments may finally be starting to realize the precedent problem standing in the way of their gun-control agenda. As I wrote when the Supreme Court decided New York State Rifle & Pistol Association, Inc. v. Bruen in June, the Court declared in that ruling a strong restoration of the Second Amendment: “the Second Amendment protects the rights of law-abiding, adult citizens (“the People”) to keep and bear arms, particularly weapons in common use. Therefore, any law restricting that right needs to be consistent with the Nation’s ‘historical tradition of firearm regulation.’”

The Court laid out a very strict and specific rule to which gun-control laws must conform in order to avoid being declared unconstitutional. As history shows, there were very few (if any) regulations concerning commonly used weapons at the time the Second Amendment was ratified. Therefore, it stands to reason that there are very few regulations concerning commonly used weapons that will survive Second Amendment analysis post-Bruen.

Of course, that will not stop the left from trying. But perhaps they will finally start to see the pattern. At the end of the 2021-2022 Supreme Court term, the Court issued a series of summary decisions in four cases, including Bianchi v. Frosh, vacating lower-court decisions principally involving “extended” magazines and assault-rifle bans. The Court’s decisions required the lower federal courts to rehear the cases in light of the decision in Bruen.

On October 5, the Supreme Court vacated a lower-court decision in a case called Morin v. Lyver. The lower court upheld the constitutionality of a Massachusetts statute that included strict licensing standards to purchase or possess a pistol. The law included a lifetime ban on licensing to those convicted of certain non-violent offenses involving possession or use of firearms. The Supreme Court used language identical to that in Bianchi v. Frosh and the other cases mentioned above: the case was “remanded to the United States Court of Appeals for the First Circuit for further consideration in light of New York State Rifle & Pistol Assn., Inc. v. Bruen.”

These results are not surprising. The U.S. Supreme Court takes cases and writes extensive opinions when there are difficult questions of law that have not been answered, when bad precedent needs to be revisited and overwritten, and when different federal circuit courts disagree on interpretation of law. The Court will not waste its time hearing cases that have already been clearly decided—a category that will include most Second Amendment cases post-Bruen.

The Bruen test is clear. If a law restricts the right to keep and bear arms, especially weapons in common use, that law is unconstitutional unless the law is consistent with traditional, historic firearm regulations. Laws that ban or severely regulate weapons in common use are simply not going to survive scrutiny under Bruen. Both handguns and long rifles such as AR-15s are objectively weapons in common use.

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BLUF
This analysis found that there is an 84% increase in the relative incidence of cardiac-related death among males 18-39 years old within 28 days following mRNA vaccination

Florida Surgeon General Issues Warning For mRNA Coronavirus Vaccines: ‘FL Will Not Be Silent On The Truth

Florida Surgeon General Joseph A. Ladapo, MD, PhD, said in a statement Friday afternoon that the state now recommends against giving men ages 18 to 39 mRNA coronavirus vaccines, citing a heightened risk of cardiac-related death.

The statement from Ladapo comes at the conclusion of an analysis conducted by the Florida Department of Health that was carried out using a self-controlled case series, a technique used to evaluate vaccine safety, the state said.

“This analysis found that there is an 84% increase in the relative incidence of cardiac-related death among males 18-39 years old within 28 days following mRNA vaccination,” the statement said. “With a high level of global immunity to COVID-19, the benefit of vaccination is likely outweighed by this abnormally high risk of cardiac-related death among men in this age group. Non-mRNA vaccines were not found to have these increased risks.”

“As such, the State Surgeon General recommends against males aged 18 to 39 from receiving mRNA COVID-19 vaccines,” the statement continued. “Those with preexisting cardiac conditions, such as myocarditis and pericarditis, should take particular caution when making this decision.”

Most importantly, the analysis found that non-mRNA vaccines, such as the Johnson & Johnson vaccine, “were not found to have these increased risks among any population.”

“Studying the safety and efficacy of any medications, including vaccines, is an important component of public health,” said Surgeon General Dr. Joseph Ladapo. “Far less attention has been paid to safety and the concerns of many individuals have been dismissed – these are important findings that should be communicated to Floridians.”

 

Toddlers In Charge

Watching the Biden Administration announce, retract, modify, announce, let Joe speak, retract… and on and on is like watching a toddler on a sugar high. Think about it. Anybody who’s ever raised or dealt with small children knows that within the limits of their understanding, toddlers don’t necessarily lie. Tell outrageous stories about why or how something happened, yes. Understand that those stories are what adults often consider to be lies, no.

Ask a toddler how a vase got broken and s/he might tell you that the dinosaur did it. Yeah, right, you say. No, really mama! The dinosaur flew around the room and crashed into the vase! It wasn’t me! The dinosaur did it! The kid totally believes this and does not recognize it as a lie. Why? Well, it’s true that the dinosaur flew around the room and hit the vase. What the child has neglected to mention is that it flew out of their hand. Yep, they tossed it. But after that, the dinosaur was on its own, therefore its inability to fly properly led to it crashing into the vase. So, it’s not the kid’s fault. See how that works?

The Biden Administration seems to think that those sorts of fantastical, detail omitting stories can be utilized by adults trying to clumsily talk their way out of a bad situation that they created. They don’t seem to understand or recognize that they were supposed to leave that behavior behind when they were five or six years old. We have a bunch of toddlers in charge.

The magical thinking that this administration engages in is astounding. I mean, yes, magical thinking is emblematic of Democratic administrations, but this one is taking it a step further. Okay, on second thought, Gavin Newsome may be tied or pulling ahead in the race for most magical thinking by a Democratic pol. After all, Newsome seems to believe that he can order California drivers to go all in on electric cars with zero consequences for the electrical grid. Given his penchant for magical toddler thinking, I’m sure the fault for the electrical system will reside with the states from whom California purchases electricity and the failure of the grid will be the fault of the electrical companies who can’t upgrade their grid due to California’s highly restrictive environmental laws and regulations.

Back to our national toddler drama.

The Biden administration has been putting ideas out in the media-sphere and stating that these are done deals. Then when the public and often other Democrats push back and either refuse to deal or publicly state that this is not only a bad idea, it’s a stupidly bad idea, the administration pulls back and claims that this was never a done deal, but rather a suggestion. Just like the toddler who told mom, that no, he really wasn’t planning on jumping off the back of the sofa onto the dog, even though the kid is standing on the back of the sofa, looming over the dog. Not a lie for the toddler, simply a change of plans.

The entire kerfuffle with DeSantis over Hurricane Ian is a good example. Biden called the governors of the states affected by Ian, except for DeSantis. When DeSantis pointed that out, Biden called a few hours later. The administration of the President of the United States got called out for toddler behavior. They tried to justify it as scheduling. A toddler would argue that he meant to do it all along, and just hadn’t gotten to it yet.

A week or so ago, the feds were discovered purchasing $290 million worth of Nplate, a medicine used to treat radiation poisoning. Right after Putin threatened to use nukes against Ukraine. What are the feds (led by the Biden administration) expecting to happen? And who’s getting that medicine? When asked, Biden’s press secretary tried to pass it off as a scheduled and normal purchase. Uh-huh. Yep. Of course. Toddler magical thinking again, this time of the “What? I do this all the time!” variety.

Another example… refusing to reopen the Keystone pipeline for gas but trying to get OPEC to increase production and then relaxing sanctions on Venezuela in the hopes that we can up their production and buy gas there. It’s clear that the administration will do anything to avoid giving jobs to the middle, fly-over states and it’s clear that environmental concerns regarding pumping oil are not a consideration with regard to other, poorer countries. Toddlers engaging in payback behavior combined with the selective amnesia about prior behavior that led to current situation.

I know I’m not pointing out anything new or exciting here. Anybody who’s been paying attention has seen the projection of behaviors, the lies, obfuscations, hypocrisy, and contorted explanations coming out of the White House. But it just hit me that this is truly toddler behavior. What really scares me is that, like toddlers, I’m afraid that this administration – Ron Klain, Jill Biden on down – actually believes its own stories and doesn’t understand why the rest of us aren’t buying those stories. That’s the truly scary thing.

Toddlers are narcissistic little creatures. Everything is all about them, how they feel, and what they want. There’s a reason ages two to about four are called “The Terrible Twos.” Parents are supposed to train that out of their children so that they grow up to be a wee bit more self-aware and somewhat less navel-gazing. Adults with a narcissistic toddler mindset are created either through a chemical imbalance in the brain, or a failure to have that mindset trained out of them at an early age. For this administration I’m going with the latter.

I’m not sanguine about the ability of the rest of us to teach them that this sort of behavior is unacceptable. They’ve gotten their way for too long. But I do believe that we can (and must) somehow sanction this behavior. Like toddlers, they will squirm and scream to avoid taking any responsibility for any consequences arising from their actions. They will call their opponents (which encompasses all those who disagree with them) all sorts of names in hopes of getting those opponents to feel guilty and ashamed and give up on doing anything. They will continue to spin fantastical tales of evil aliens forcing them into actions they really didn’t want to take. They will do and say anything to get away with everything.

Don’t let them.

These are supposedly functional adults (note the modifier. However, they want us to believe they’re functional adults, so I’m going to treat them as such. If they can’t handle that, that’s their problem). Just like you would with a toddler, calmly and patiently point out the inconsistencies in whatever story they’re spinning out. Don’t allow the temper tantrums to affect you. Continue to point out the problems. Do it in public if you can, because throwing a temper tantrum in front of an audience has the beneficial effect of showing their toddler behavior to everyone.

Call them out when you see and hear those stories. Ask why they think that’s going to work, or why the other thing is true.

If you’re not a parent, or haven’t dealt with toddlers, ask someone who has for tips and tricks. They’ll happily share.

This administration and its supporters are toddlers who are acting up. Treat them as such.

What Do Girls Do?

There is an eight-year-old girl who likes to play in streams and look under rocks for squirmy critters. She not only knows how to throw a ball but enjoys doing it. She loves math and logic, and has no interest in dolls or dresses. She will grow up to be a woman. Because that’s what girls do.

There is another eight-year-old girl who likes to give tea parties for her stuffed animals. She likes to dance all the dances, often with other girls who like to do the same thing. She loves to read, and has no interest in trucks or trails. She will also grow up to be a woman. Because, again, that’s what girls do.

One of these girls may want to be an astronaut. The other, a chef. Or a mother. Or a lawyer. An actress. A racecar driver. Are all of these desires equally likely among girls? They are not. Girls are likely to want some things more than others. But guess what: the girls who aren’t girly are still girls. You can tell, in part, by the fact that they grow up to be women. Because that’s what girls do.

Sex isn’t assigned at birth. Sex is observed at birth.

Sometimes, in fact, sex is observed before birth. Most commonly, this happens via ultrasound imaging of the fetus. Less commonly, it is possible to look at the karyotype—a visual representation of fetal chromosomes, organized roughly by size—which has been obtained through the usefully diagnostic but somewhat risky mid-pregnancy procedure known as amniocentesis.

All mammals have “Genetic Sex Determination,” which means that we have chromosomes dedicated to starting us down the path of maleness or femaleness.

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