New York aims big on gun control — and misses, again

In hunting, there is an old adage: “aim small, miss small.” The point is that, if you want to hit a target, aim for a small part rather than the whole target. It is often the difference between a total miss and a marginal hit. In the area of Second Amendment law, the most promising legislative measures are the ones that aim small on the edges of the constitutionally-based right — the strategy used by abortion opponents. The problem is that politicians rarely want to aim small when they are trying to score big with voters.

An example is the recent New York public nuisance law seeking to make gun manufacturers liable for gun crime. Not only is the law likely to be a large miss, it will likely deliver another blow to gun control efforts by adding precedent protecting Second Amendment rights.

I’ve discussed the New York public nuisance law aimed at gun manufacturers, a law that doubles down on a failed legal theory using torts as a substitute for direct legislative bans or barriers. As expected, gun groups like the National Shooting Sports Foundation (NSSF) as well as 14 firearms manufacturers, distributors, and retailers are now filing suit. They should have an excellent shot at a preliminary injunction.

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Report: Florida on Track to Become 22nd Constitutional Carry State

A report by the South Florida Sun Sentinel suggests Florida is on track to become the 22nd constitutional carry state.

Constitutional carry is a “priority” for the Republican-led Florida legislature, the Sentinel reported.

Rep. Anthony Sabatini (R) has already introduced legislation to do away with the concealed carry permit requirement for Floridians. Open carry without a permit would also be legalized by Sabatini’s bill.

Moreover, Gov. Ron DeSantis (R) has already made it clear he will sign constitutional carry legislation, should it reach his desk.

Florida Gun Rights’ Matt Collins posted a video online asking DeSantis, “If constitutional carry made your desk, would you sign it?”

DeSantis responded, “Of course.”

There are currently 21 constitutional carry states in the U.S. Those states are Alaska, Arizona, Arkansas, Idaho, Iowa, Kansas, Kentucky, Maine, Mississippi, Missouri, Montana, New Hampshire, North Dakota, Oklahoma, South Dakota, Tennessee, Texas, Utah, Vermont, West Virginia, and Wyoming.

So, someone who has taken 2 doses and has no symptoms can give the bug to an elderly person who has already taken a 3rd booster dose, and to prevent that everyone must follow the same “safety” protocols that were recommended before the vaccines became available.

The only logical conclusion is that the vaccines are utterly useless

Peppermint Psaki goes stampy foot, just like a petulant 3 year old


White House Issues Seething Statement About Joe Manchin

The White House is fuming after Democratic Senator Joe Manchin announced on Fox News Sunday he has no plans to vote for President Joe Biden’s multi-trillion dollar spending plan and will not vote to continue working on the legislation.

In response, White House Press Secretary Jen Psaki issued a seething statement and essentially called Manchin a liar.

“Senator Manchin’s comments this morning on FOX are at odds with his discussions this week with the President, with White House staff, and with his own public utterances. Weeks ago, Senator Manchin committed to the President, at his home in Wilmington, to support the Build Back Better framework that the President then subsequently announced. Senator Manchin pledged repeatedly to negotiate on finalizing that framework “in good faith,” Psaki said.

“On Tuesday of this week, Senator Manchin came to the White House and submitted—to the President, in person, directly—a written outline for a Build Back Better bill that was the same size and scope as the President’s framework, and covered many of the same priorities. While that framework was missing key priorities, we believed it could lead to a compromise acceptable to all. Senator Manchin promised to continue conversations in the days ahead, and to work with us to reach that common ground,” she continued. “If his comments on FOX and written statement indicate an end to that effort, they represent a sudden and inexplicable reversal in his position, and a breach of his commitments to the President and the Senator’s colleagues in the House and Senate.”

Psaki also vowed to keep pushing Manchin to change his mind.

“Just as Senator Manchin reversed his position on Build Back Better this morning, we will continue to press him to see if he will reverse his position yet again, to honor his prior commitments and be true to his word,” she said.

But the truth is, Manchin has been saying for months Biden’s Build Back Better agenda was too big, would cause inflation to worsen and that he didn’t support the IRS snooping on Americans. Since he took office with a 50-50 split in the Senate, Biden has been governing as if he has a super majority and a mandate. He doesn’t.

Homeowner cooperating with HPD after killing intruder

HOUSTON, Texas (KTRK) — A homeowner shot and killed a 31-year-old woman who was intruding into his house early Saturday morning on Houston’s East End, police say. The shooting was called in to police at about 1:30 a.m. from the 7000 block of Avenue F near 70th.

According to HPD, the homeowner was in the kitchen when he saw a couple of suspicious people outside of his fence, so he grabbed his gun. When he returned, one of the individuals was trying to push in the door. Police say that’s when the homeowner shot the woman multiple times, hitting her in the head. The woman died at the scene. The second individual, a man in his 20s or 30s, is on the run.

Officials say the homeowner called police and is cooperating with the investigation. The man’s girlfriend and his parents were in the home, but were not hurt.

The case will be referred to the Harris County grand jury, but HPD Sgt. Josh Horne told ABC13 at the scene there are no charges at this time.

BLUF:
Millions are still moving along the path from reflexive support for gun control to passionate support for the right to bear arms. These voyagers are rapidly changing our culture. Last month’s public opinion polls are already out of date. The shift away from supporting gun-control is accelerating. The shift toward passionate and committed defense of citizen self-defense will be deep and lasting.

The Ruling Class won’t be able to stop it.

Why Political Moderates Walked Away from Gun-Control

Most of us have fired a gun at least once. Many of us have a gun in our home today. Gun ownership has increased steadily over the decades and is now common. Running counter to that trend, Democrat politicians became increasingly hostile towards gun owners in the last ten years. The Democrat party took that position while public opposition to gun-control grew. Today, democrat voters want gun-control as much as ever, but we saw the undecided middle and political independents step off the gun-control bandwagon. Here is why they abandoned the idea of gun-control.

The world became more dangerous.

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Sowing to the wind….
Nearly 20 Percent Of Seattle Police Force Quits Following Defunding And Black Lives Matter Riots
MAY 19, 2021 

Reaping the whirlwind….
Seattle police ‘Unavailable’ list grows, city an emergency event away from catastrophe

The Seattle Police Department staffing emergency continues. The city is one emergency event away from a serious catastrophe. But leaders and the media remain mostly silent.

The so-called “HR Unavailable” list has grown considerably as of Dec. 10. This list features officers who are on extended leave and cannot be deployed. Officers only appear on the list after being absent for a minimum of 14 days.

Concurrently, the department continues to struggle to fill vacant patrol slots to meet minimum staffing numbers. Every single precinct, in every single watch, has open slots for nearly every single day in December.

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WHAT DID SOCIALISTS USE BEFORE CANDLES? ELECTRICITY!
WHAT DID SOCIALISTS USE BEFORE SAILS? DIESEL ENGINES!

Giant Kites That Drag Cargo Ships Across Oceans Go on Trial

An artist impression of a Seawing sail for merchant ships.

Add ships being dragged along by giant kites to the list of things the industry is exploring in its quest to decarbonize.

At the start of next year, the Ville de Bordeaux, a 154-meter-long ship that moves aircraft components for Airbus SE, will unfurl a 500 square meter kite on journeys across the Atlantic Ocean. It will undergo six months of trials and tests before full deployment.

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BLUF:
The Chronicle of Higher Education today is out with an article bemoaning J.D. Vance for saying “professors are the enemy.”
I wonder where he could possibly have gotten such an outlandish idea?

THE LEFT VS. THE CONSTITUTION

One reason the left hates the American Constitution, and wishes to replace it, is that its embedded principles along with much of its explicit text is foursquare against the two main purposes of the left: class struggle and race struggle. Never mind the drive to abolish the electoral college, or the Senate, or admit new states to increase the odds of Democratic election victories. Just take in how the left wants to rewrite—which means abolish—the Bill of Rights.

The Boston Globe is currently running a feature series about how to “edit” the Constitution, which of course means replacing it in practice with an egalitarian Constitution that would place much more power to control people and resources in elites like the kind of people you find in the editorial suites of the Boston Globe. How convenient.

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Watch How Fauci Tries to Change the Language on Vaccine Mandates

Dr. Anthony Fauci has been an advocate of forced vaccinations, arguing the only way to get the pandemic under control is through “many, many more mandates.”

But suddenly, he’s beginning to talk about vaccine mandates differently.

During an interview with CNBC’s “Squawk Box,” the National Institute of Allergy and Infectious Diseases director was asked about comments former FDA commissioner Dr. Scott Gottlieb made regarding vaccine mandates.

“I want to ask you about vaccine mandates, in part because it continues to be a national debate,” said host Andrew Ross Sorkin. “Dr. Scott Gottlieb comes on this program regularly and one of the things that he has said repeatedly is that he believes it’s possible that those mandates have become counterproductive not just towards getting people to take the vaccine today but what it does to the psyche of Americans around taking other vaccines in the future. Do you agree with him?”

While Fauci called Gottlieb a friend, he said he didn’t agree and didn’t know what he was referring to. He also changed his tune on calling vaccine mandates, mandates.

“Mandates—that’s a radioactive word. Requirements—people seem to respond better to that. They work,” Fauci responded. “We are never going to get out of this outbreak if we still have 50 million people who for reasons that are still very, very difficult to understand refuse to get vaccinated when you have a virus that’s killed 800,000 Americans and caused 50 million infections so if people still do not want to get vaccinated sometimes you have to for the common good make requirements.”

Progressives are ready to edit the Constitution. Are conservatives ready to answer?

Should we rewrite the First and Second Amendments? In a contribution to a Boston Globe series on “editing the Constitution,” law professor Mary Anne Franks of the University of Miami proposes replacing the first two items in the Bill of Rights with more qualified versions. You can catch Franks’ drift from the subtitle of her book: The Cult of the Constitution: Our Deadly Devotion to Guns and Free Speech.

“As legal texts go, neither of the two amendments is a model of clarity or precision,” Franks wrote at the Globe. But her rewrites don’t improve the situation. The core idea is to make the amendments more consistent with promoting the general welfare, as promised in the Constitution’s preamble. But Americans have traditionally — and rightly — believed strong protections for individual rights themselves promote the general welfare. Franks’ versions offer much too little in that regard.

Her edit of the First Amendment would on its face sharply curtail freedom of speech, affirming “the right to freedom of expression, association, peaceful assembly, and petition of the government for redress of grievance” but making them “subject to responsibility for abuses.” All “conflicts of such rights shall be resolved in accordance with the principle of equality and dignity of all person,” she says.

Who will determine the nature of these abuses, enforce that responsibility, and resolve the conflicts? What does “the principle of equality and dignity” mean in practice? After complaining of imprecision, Franks doesn’t say. Her proposal sounds rife for abuse by a government that won’t always be run by people who share her political preferences.

Her Second Amendment is tweaked to get rid of all the icky stuff about guns and militias. Instead, self-defense is rooted in bodily autonomy, which is fair enough. But Franks would also give the government the right to take “reasonable measures to protect the health and safety of the public as a whole.” More than a year into the pandemic, we can safely say there is no real consensus on what that means. And adding abortion to the Second Amendment, as she also does, may be the only possible way to make our most controversial amendment even more contentious.

Nobody would ratify these complex reboots of the first two amendments. Yet liberals are increasingly openly hostile to the limitations the basic structure of the Constitution imposes on their political agenda, as Franks’ piece and most of the Globe‘s other articles in this section demonstrate anew. Conservatives had better answer.

GunSense Vermont takes the side of criminal entities

To the editor: This is in response to a letter to the editor from GunSense Vermont than ran in the Nov. 30 edition of the Montpelier-Barre Times Argus.

I have to wonder why “thoughtful people” and GunSense Vermont (GSVT) are appalled by the Rittenhouse verdict. Kyle Rittenhouse, who defended himself from a violent and life threatening attack, was charged, tried and acquitted by a jury of his peers. This is a clear example of self defense against known criminals.

Thoughtful people should wonder who GSVT is trying to protect — pedophiles, domestic abusers, or repeat offenders who illegally possess firearms? Rittenhouse’s attackers were all of the above, and GSVT takes the side of such criminal entities in their commentary.

Were the activities on that day a peaceful march like GSVT would have you believe? No, these law breakers were involved in a violent riot complete with looting and vandalism. The Rittenhouse verdict sends the right message, upholding the rule of law. Every citizen has the right to defend himself and herself.

Speaking of shooting defenseless victims, have you heard what Alec Baldwin has been up to recently? Where is your outrage, GSVT?

Randy Gray

N. Springfield, Vermont, Dec. 14

Lakeland homeowner commended by Polk County sheriff for shooting accused intruder

LAKELAND, Fla. – Detectives with the Polk County Sheriff’s Office responded to the shooting of a man who they said broke into a Lakeland home Tuesday afternoon.

The homeowner told deputies that the man, later identified as 42-year-old Steven Stillwell, forced his way into the residence by throwing a flower pot through a glass door at around 12:50 p.m., according to a news release.

Deputies said Stillwell was shot three times by the homeowner. Stillwell was later taken to a hospital where he was last reported in critical, stable condition, according to the release.

Detectives said they found a shotgun belonging to Stillwell in the backyard of the home, as well as video evidence showing Stillwell approaching the home through the backyard.

Polk County Sheriff Grady Judd said the evidence in the case indicated that Stillwell illegally entered the home, and that the homeowner did the right thing by shooting him.

“The castle doctrine is very clear in Florida law. A person’s home is his refuge,” Judd said in a statement. “The homeowner did exactly what he had a right to do. I commend him for protecting himself and defending his home.”

Polk County deputies said the shooting is still under investigation.


Teenager shot in Lawrence while attempting to rob pawnshop employee

A teenager was shot in Lawrence [Indiana] on Tuesday afternoon while he and two other people attempted to rob an employee of a pawnshop, according to the Lawrence Police Department.

The shooting occurred near the intersection of Pendleton Pike and Franklin Road after the pawnshop employee left the business to run an errand, said Deputy Chief Gary Woodruff of the Lawrence Police Department.

At least one of the alleged robbers had a gun. Gunfire was exchanged between the pawnshop employee and the alleged robbers, Woodruff said.

One of the alleged robbers was shot and fled with the other two, Woodruff said.

Biden apparently thinks COVID deaths are amusing

More people have died from COVID on Biden’s watch than did on Trump’s watch.  When a reporter finally asked Biden a question about that on Wednesday, Biden’s sole response was to give one of his patented “aw, gosh” fecal matter–eating grins, laugh, and walk away.  The media seemed just fine with that.

RUTGERS STUDY: NEW GUN OWNERS ARE ‘IMPULSIVE.’ NEW GUN OWNERS BEG TO DIFFER

Antigun think tanks and politicians push narratives that private citizens don’t “need” firearms for self-defense so they shouldn’t have them. That narrative has fallen apart over the past two years of rampant rioting and civil unrest as the same groups called to defund police.

The same antigun collectives are pushing a new narrative to dehumanize new gun owners with the tactic of shaming Americans into not exercising their Second Amendment. New gun owners have their own thoughts.

New Antigun ‘Science’

Researchers from Rutgers University,  as reported by The Philadelphia Inquirer, saw the historic surge of firearm sales over the past two years and had to do something. They slapped together a behavioral study on 2020 – 2021 first-time gun buyers.

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This is the kind of academic we should always be on guard to watch for.
This is a real, actual ‘enemy domestic’ of the Constitution and Bill of Rights.
And, they infest the schools and universities, filling our children’s mind with this collectivist, authoritarian statist, mush.

Read – carefully- what she wants. Her revisions are what’s called ‘positive rights‘. What she wants the government to do, in effect granting rights from goobermint power.

Her definition of how the 1st and 2nd amendment were written are defined by her and her ilk as ‘negative rights‘. Rights already possessed by the people, that the goobermint is restricted from abridging or infringing.

Remember, when more than one politician down through history has said: ‘Any government that’s large enough to give you everything is powerful enough to take it all away.‘ One should believe them.


REDO THE FIRST TWO AMENDMENTS

BY MARY ANNE FRANKS
Speech and guns: two of the most contentious issues in America today, with controversies fueled not only by personal passions and identity politics but by competing interpretations of the Constitution. Perhaps more than any other parts of the Constitution, the First and Second Amendments inspire religious-like fervor in many Americans, with accordingly irrational results.

As legal texts go, neither of the two amendments is a model of clarity or precision. More important, both are deeply flawed in their respective conceptualizations of some of the most important rights of a democratic society: the freedom of expression and religion and the right of self-defense. These two amendments are highly susceptible to being read in isolation from the Constitution as a whole and from its commitments to equality and the collective good.

The First and Second Amendments tend to be interpreted in aggressively individualistic ways that ignore the reality of conflict among competing rights. This in turn allows the most powerful members of society to reap the benefits of these constitutional rights at the expense of vulnerable groups. Both amendments would be improved by explicitly situating individual rights within the framework of “domestic tranquility” and the “general welfare” set out in the Constitution’s Preamble.

Making such an edit to the First Amendment would provide stronger and fairer protections for the right of expression, including by acknowledging, as many state constitutions do, that every person remains responsible for abuses of that right. (Such a modification would, for example, help undo the damage caused by the Supreme Court’s decision in Citizens United and remove constitutional barriers to reasonable campaign-finance laws that promote democratic legitimacy.) In addition, the implicit principle of the separation of church and state should be made explicit:

Every person has the right to freedom of expression, association, peaceful assembly, and petition of the government for redress of grievances, consistent with the rights of others to the same and subject to responsibility for abuses. All conflicts of such rights shall be resolved in accordance with the principle of equality and dignity of all persons.

Both the freedom of religion and the freedom from religion shall be respected by the government. The government may not single out any religion for interference or endorsement, nor may it force any person to accept or adhere to any religious belief or practice.

Both amendments would be improved by explicitly situating individual rights within the framework of “domestic tranquility” and the “general welfare” set out in the Constitution’s Preamble.

The Second Amendment’s idiosyncratic and anachronistic focus on militias and “arms” degrades the concept of self-defense. The right to safeguard one’s life should not be conflated with or reduced to the right to use a weapon, especially a weapon that is so much more likely to inflict injury and death than to avoid it. Far better would be an amendment that guarantees a meaningful right to bodily autonomy and obligates the government to implement reasonable measures to protect public health and safety:

All people have the right to bodily autonomy consistent with the right of other people to the same, including the right to defend themselves against unlawful force and the right of self-determination in reproductive matters. The government shall take reasonable measures to protect the health and safety of the public as a whole.

Mary Anne Franks is the Michael R. Klein Distinguished Scholar Chair at the University of Miami School of Law and the author of “The Cult of the Constitution: Our Deadly Devotion to Guns and Free Speech.”

Moving steadily along


[Ohio]Senate votes to allow concealed carry of guns without training or background checks

The Ohio Senate passed legislation Wednesday that will allow any Ohioans 21 and older to carry a concealed weapon, so long as they’re allowed to possess it under state and federal law.

Currently, Ohioans must pass a background check and demonstrate proof of eight hours of training to obtain a concealed carry license. Senate Bill 215 nixes these guardrails, along with a requirement that armed people “promptly” inform police officers that they’re carrying a concealed weapon during a stop.

All Senate Republicans, minus Sen. Jerry Cirino, R-Kirtland, voted for the legislation. Democrats opposed the bill.

Both the House and Senate have now passed separate but similar versions of “constitutional carry” or “permitless carry” legislation, as it’s commonly known. Lawmakers will have to agree on a final version to send to Gov. Mike DeWine.

A DeWine spokesman said Wednesday the governor is reviewing the bill and noted he has “long supported the Second Amendment rights of law-abiding citizens to keep and bear arms.”

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‘The Second Amendment wears lipstick’ — Study shows gun ownership among women on the rise

CLEVELAND — The number of women who own a gun is on the rise. A recent study from Harvard University shows that 42% of gun owners in the country are women. That’s a 14% rise over the last five years. The same study found nearly 3.5 million women became gun owners between January 2019 and April 2021.

“It’s a responsibility. It’s a huge responsibility,” said Amanda Suffecool.

Suffecool calls herself an “accidental activist.” A firearms instructor and radio host, Suffecool is also an advocate for gun rights in America.

“Unfortunately, the world is not the warm, fuzzy place it used to be,” said Candy Petticord.

Petticord is also a firearms instructor and a mom of 12. She started shooting five years ago.

“I woke up,” she said when asked why she decided to buy her first gun. “I realized yes, I’m the mom. I’m the caregiver but I’m also the protector when my husband is away. So the kitchen knives, forks and spoons weren’t going to do the job.”

In the Harvard study, a quarter of the woman who own a firearm said self-defense was the reason they wanted to buy a gun. In another study from the female gun ownership group A Girl and A Gun, the women they surveyed gave many reasons. The top included the cultural upheaval in the Summer of 2020, the 2020 elections, lack of law enforcement resources, and uncertainty because of the pandemic.

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