{"id":106758,"date":"2025-01-14T16:40:13","date_gmt":"2025-01-14T22:40:13","guid":{"rendered":"https:\/\/milesfortis.com\/?p=106758"},"modified":"2025-01-14T16:40:13","modified_gmt":"2025-01-14T22:40:13","slug":"106758","status":"publish","type":"post","link":"https:\/\/milesfortis.com\/?p=106758","title":{"rendered":""},"content":{"rendered":"

President Trump Can Lead in Fight Against State-Level 2nd Amendment Infringements<\/a><\/p>\n

\u201cKarina\u2019s Bill, Named For Little Village Mom Slain By Husband, Heads To Pritzker\u2019s Desk,\u201d\u00a0Block Club Chicago<\/em>\u00a0reported Thursday<\/a>. \u201cThe proposed legislation would clarify the process for confiscating a person\u2019s gun when they are served an order of protection during instances of domestic violence.\u201d (Note: Signing the bill into law has not happened yet at this writing. It may be a done deal when this is posted.)<\/p>\n

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\u201cThe bill [passed] the House with an 80-33 vote and the Senate in a 43-10 vote,\u201d Chicago\u2019s WGN9<\/em>\u00a0reports<\/a>. \u00a0\u201cPritzker said Wednesday he intends to sign it, calling it \u2018the right idea\u2019 and \u2018the right thing to do.\u2019\u201d<\/div>\n<\/div>\n

Is it? Either?<\/p>\n

Per\u00a0Fox 32<\/em>\u00a0Chicago<\/a>, chief co-sponsor Rep. Abdelnasser Rashid calls it \u201ca critical step towards protecting survivors of domestic violence and making our communities safer. Together, we will continue to push to end gun violence and ensure that everyone in Illinois can live free from fear in their own home.\u201d And it\u2019s \u201ca pivotal victory,\u201d Lt. Governor Julian Stratton chimes in.<\/p>\n

How?<\/p>\n

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\u201cKarina\u2019s Bill will require firearms to be removed from an alleged abuser when a victim is granted an emergency order of protection,\u201d she assures us.<\/div>\n<\/div>\n

\u201cAlleged abuser?\u201d So not only hasn\u2019t the person been tried and convicted, but they may also not have even been charged yet? How is that remotely constitutional? Or effective?<\/h4>\n

Per a 2023\u00a0Block Club Chicago<\/em>\u00a0article\u00a0recounting the murders<\/a>:<\/p>\n

\u201cJose Alvarez [The husband] sought mental health treatment but was put on a wait list\u2026 Alvarez owns a Glock 17 9mm-handgun and had a previously valid FOID card, but it was revoked with the order of protection, McCord said. McCord and Alvarez\u2019s attorney said the order of protection was never served to him.\u201d<\/p><\/blockquote>\n

It appears the state dropped the ball more than once. And ignored the basic truth that anyone who can\u2019t be trusted with a gun can\u2019t be trusted without a custodian.<\/h3>\n

If there were actionable evidence and charges against Alvarez, he could have been afforded full due process, brought to trial, and convicted. But that requires work, and it\u2019s much easier for a government that chafes at such bonds to just issue a blanket diktat that makes mere accusations sufficient \u201cjustification\u201d to usurp more powers and ignore more rights.<\/p>\n

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And besides, you\u2019ll note none of the proponents of such edicts do anything but deny the reality demonstrated<\/a>\u00a0by economist and author John Lott of the Crime Prevention Research Center, that \u201cMurder isn\u2019t a nationwide problem. It\u2019s a problem in a small set of urban areas, and even in those counties, murders are concentrated in small areas inside them.\u201d<\/div>\n<\/div>\n

How will the most dangerous offenders, the criminal population that does not obey gun laws or apply for FOID cards to identify themselves to the state, be affected by this new \u201claw\u201d? The answer is, they won\u2019t be.<\/h4>\n

Instead, a net will be cast that will scoop up the innocent along with the guilty and do further injury to freedom. As colleague \u00a0Darwin Nercesian, News Field Editor for\u00a0Firearms News<\/em>\u00a0(full disclosure, I am the magazine\u2019s Political Field Editor) reports in\u00a0his analysis of Karina\u2019s Bill<\/a>:<\/p>\n

\u201cTo truly understand the depths of Democrat legislative depravity, let\u2019s first look at the method by which the bill was passed\u2026 Just six minutes before the scheduled commencement of the Illinois Executive Committee, the bill was posted, having been stripped completely of its language after the enacting title and replaced with what is called \u2018Karina\u2019s Bill.\u2019 The move, executed before the sitting \u2018Lame Duck\u2019 session, is called a striking amendment, which differs from a floor amendment proposed in a legislative chamber in that it removes everything after the title and inserts a whole new bill.\u201d<\/p>\n

\u201cKarina\u2019s Bill advocates for the use of ex parte hearings to obtain orders of protection, immediately triggering a warrant to confiscate the subject\u2019s firearms and ammunition,\u201d Nercesian notes, explaining \u201cEx parte\u2026 refers to a legal proceeding by which one party communicates directly with a judge without notice to or knowledge of the other party, removing the respondent\u2019s ability to be represented or present their side of a case prior to being stripped of their rights and property.\u201d<\/p><\/blockquote>\n

The assaults on freedom will \u201cobliterat[e] the Second, Fifth, and Fourteenth Amendments,\u201d Nercesian observes, noting the burden of regaining rights is on individuals victimized by the edict, which \u201cholds agencies completely without liability for damage or destruction to property while it is in their custody.\u201d<\/p>\n

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Recall how Donald Trump has in the past (in contrast to grandiose campaign promises to enthusiastic gun owners) entertained the prospects for all kinds of \u201cgun control\u201d and specifically advocated \u201cTake the guns first, go through due process second.\u201d Recall how his choice for attorney general, <\/span>Pam Bondi<\/a>, has, among other citizen disarmament mandates, been \u201cone of Florida\u2019s biggest proponents of red flag laws.\u201d Nercesian therefore asks a key question:<\/span><\/div>\n<\/div>\n
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\u201cWhat are you going to do about it, President Trump?\u201d<\/h4>\n<\/blockquote>\n

Some may wonder what he can do. After all, these are state laws, the president isn\u2019t supposed to be a dictator, and federalism is supposed to limit how much power the national government can exert over the states. And don\u2019t forget the Tenth Amendment, reserving power \u201cto the States respectively, or to the people.\u201d<\/p>\n

First, states have agreed the Constitution is \u201cthe supreme Law of the Land\u201d and \u201cthe Members of the several State Legislatures, and all executive and judicial Officers\u2026 of the several States, shall be bound by Oath or Affirmation, to support this Constitution.\u201d They can no more legitimately violate the Second Amendment than they can any other right.<\/p>\n

And as I proposed in a\u00a0November\u00a0Firearms News<\/em>\u00a0column<\/a>:<\/p>\n

\u201cImagine now the Department of Justice under an actual Second Amendment advocate, and what it could do fighting infringements and prohibitionist lawfare waged by states with unlimited tax war chests in tandem with Astroturf prohibitionist groups funded by antigun elites. Right now, the costs to defend against these innumerable assaults on all levels are borne by gun rights groups and members of mostly modest means who can only support a fraction of what is needed. That equation could be turned on its head.\u201d<\/p><\/blockquote>\n

And that would include enforcing the Second Amendment against state infringements, exactly as precedent has been established against abridgments of other civil rights.<\/p>\n

Or we could listen to NRA instead and \u201cTake Action Now!<\/a>\u201d by politely asking Illinois Democrats not to vote for the bill.<\/p>\n

Too late, they already have. So, the question now becomes \u201cWill President Trump do anything about it?\u201d<\/p>\n

We\u2019ll get a better answer after Inauguration Day. And the way to press for that is via the much-touted-during-the-campaign \u201cGun Owners for Trump<\/a>.\u201d If that was more than just a discardable PR vehicle, the named leaders would have the president\u2019s ear to advise on bills, lawsuits, regulations, judicial and other federal nominees, and provide a conduit for gun owners to express their concerns.<\/h4>\n

Because there\u2019s one thing that needs to be understood in no uncertain terms and we shouldn\u2019t have to apologize for: Donald Trump and Republicans owe gun owners, and it\u2019s time to collect.<\/h4>\n","protected":false},"excerpt":{"rendered":"

President Trump Can Lead in Fight Against State-Level 2nd Amendment Infringements \u201cKarina\u2019s Bill, Named For Little Village Mom Slain By Husband, Heads To Pritzker\u2019s Desk,\u201d\u00a0Block Club Chicago\u00a0reported Thursday. \u201cThe proposed legislation would clarify the process for confiscating a person\u2019s gun when they are served an order of protection during instances of domestic violence.\u201d (Note: Signing … Continue reading “”<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[5,8],"tags":[],"class_list":["post-106758","post","type-post","status-publish","format-standard","hentry","category-politics","category-rkba"],"_links":{"self":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/106758","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=106758"}],"version-history":[{"count":1,"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/106758\/revisions"}],"predecessor-version":[{"id":106759,"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/106758\/revisions\/106759"}],"wp:attachment":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=106758"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=106758"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=106758"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}