Category Archives: gun control

Is the Right to Keep and Bear Arms Dependent On Militia Membership? Part 1

The entertaining Greta

My opposition to Red-Flag laws has been steadfast countenancing no exceptions. Until now. Liberal Time Magazine’s Girl, er um “Person”1 of the Year’s trembling quivering rage-filled Greta Thunberg, who should be starring in H. P. Lovecraft inspired movies, could be that one exception. Ghostwriters and Handlers, please, do not allow Greta near sharp objects or anything that goes bang. Perhaps parents should be scheduling counseling sessions rather than enabling Greta’s delusions of imminent human extinction. Scandinavia once gave the world Vikings. What happened?2

From the Great Depression, mass starvation, to man-created global warming, the Left needs crises with which to menace people. Only through scare tactics terrifying the masses can they evoke reaction based on emotion rather than reason. People who have lost their minds seldom make good decisions. Since the Second World War, the Left, either through ideological compatibility or supreme naïveté, has promoted notions the way to deal with adversarial nations (Communist dictatorships) and people is through non-violent appeasement. Leftists are moral relativists rejecting concepts of good and evil. Therefore global and personal conflicts result from misunderstandings not malevolent intentions. Because people have “issues”, not problems, conflicts can be resolved without anyone having to accept blame or facing consequences. All Stalin needed was a couch, a good listener, and a hug. Today, if the puny underweight wretched victim of bullying stands up to his tormentors, school administrators suspend him along with the thugs. Through its evangelists teaching in public schools, the Left has indoctrinated Americans to reject notions of self-reliance and taking responsibility for their own safety. Lockdowns, shelter-in-place, hide under your desk or in your home…Hence, they grow up to despise the Second Amendment. They are aghast at the idea citizens can own guns and decide when and where to use them in self-defense. Appearing on Fox’s Martha MacCallum Show in response to the Fort Worth Texas church shooting, Democrat strategist Doug Schoen argued people are not competent to carry guns for personal defense. This he added, should be left to the police who, coincidentally, were not there.3 The Left hates the Second Amendment for two reasons; first, it exposes their unwillingness to stand up to bullies and criminals whether on American streets or as heads of State. Think, Justin Trudeau. Second, it is an obstacle to the Great Project.

Whether taking the name Liberal, Socialist, Progressive, Central Planner, Democratic-Socialist, and so forth, Statists are determined to dismantle the Second Amendment either through abolition or redefining it out of existence. Until accomplished, it remains the single greatest impediment to The Project begun by 19th century American Progressives and European Socialists. Its central imperative is to bend the will of the individual completely to the volition of the State to plan, control, and regulate every aspect of human existence. And, the Left is the State. Because altering the Constitution has proven un-doable, the Left has chosen to redefine the Second Amendment as they did the Commerce, General Welfare, Necessary and Proper, and Supremacy clauses until they mean the opposite of their intent. For example they claim owning firearms is dependent upon membership in a federal (Army, Air Force, Navy, Marines) or State (“National” sic Guard) standing army. This claim could not be more wrong.4

Proponents and enemies of the Bill of Rights have debated the Founders’ meaning of “militia” ad nauseam. Rehashing it here would seem superfluous. That is, if its enemies were not using mass media, popular culture, and public dis-education to peddle lies conjoined with an American public too intellectually lazy to read and think for itself. As a recovering public school teacher, I can attest to the pervasiveness of this mental lassitude.

Mises Institute’s Ryan McMaken writes that the Founders’ idea of a militia was not one comprised of “unorganized amateurs”, called up by local authorities, to address insurrection or invasion. Instead, it was to consist of men between a certain age range, proficient in arms, possessing some degree of training in military discipline and tactics, a system of choosing officers, subject to call up by State or local authorities, and under civilian control.5 McMaken’s conclusion is problematic. In the 1740s, the French, perennially at war with England, established a large fort at Louisbourg near Cape Breton, Nova Scotia. From there the French threatened New England with invasion and provided safe haven for pirates and “cruisers” who raided its fishing villages and naval commerce. Finding the British unwilling to act, in 1744 New England raised an army of unorganized amateurs including commoners, farmers, merchants, fishermen, and so forth. With little or no experience, these New England boys executed a successful amphibious landing under difficult conditions, besieged the fort for three months, and forced the French to surrender.6 During the French and Indian War, the British could not have defeated the French without the assistance of colonial militia troops, amateur soldiers who fought as local units under American command.7

On 1 October 1768, in a lead up to what became the War of Independence, Britain dispatched 700 troops led by General Thomas Gage from Halifax, Nova Scotia to Boston. His orders were to suppress resistance to British commerce, trading, and tax laws.8 A month later (8 November 1768), King George III declared Bostonians to be in rebellion against English law and government. British political and military leaders drew up plans to subdue the insurrection.9 They employed their standard method of subjugation; round up, jail, and execute the rebellion’s leaders and door-to-door searches for arms and munitions in private hands. Colonials often stored gunpowder in storehouses outside of town due to its volatility. In order to prevent the Red Coats from seizing it, locals formed militias to guard them. In Virginia, Patrick Henry led the Hanover Independent Militia Company comprised of armed locals independent of the Governor’s control. They comprised the nucleus of resistance against British forces. Other colonies replicated this strategy.10

In 1774, British soldiers marched from Boston into the countryside to seize colonial supplies of gunpowder and weapons in Charlestown, Cambridge, Medford, and Salem. Forty thousand militiamen met the British, called “Bloody Lobsterbacks”, by locals, at Charlestown. These amateurs drove them back to Boston without firing a shot.11 British confiscation of private arms led to the “shot heard round the world”, the British march on Concord and Lexington, Massachusetts, to seize arms.12 Among the militiamen awaiting the British attack were farmers, craftsmen, mechanics, gentlemen, laborers, slaves, dairy farmers, and veterans of the French Indian War. Americans gave as good as they got forcing the British back to Boston.13

McMaken contends, “Gun Rights advocates fixate” on the latter part of the Second Amendment, “The people having a right to keep and bear arms shall not be infringed” as the rationale for private ownership of arms separate from militia membership. He asserts the Second Amendment’s purpose was to guarantee that States “would be free to raise and train their own militias as a defense against federal power and as a means of keeping defensive military force available to Americans while remaining outside the direct control of the federal government”.14 He is correct state militias are supposed to be outside federal control but his assertion the militia is the primary focus of the Second Amendment is incorrect. The Second Amendment clearly contains two independent parts that framers could have fashioned into separate amendments. In fairness to McMaken, his purpose was to demonstrate State Militias are to be independent of federal control and that the so-called “National” (sic) Guard is a standing army and a gross violation of the Constitution.

Drafters wrote definitions of a militia into State Declarations of Rights and later into the federal and State Constitutions from 1791 on. They typically refer to “the mass of ordinary citizens, trained to arms” who would be available for call-up by State or local authorities, and to which was often appended an age range for those subject to service. Founding Fathers from Patrick Henry, George Mason, John Adams to Thomas Jefferson made clear the purpose of the Second Amendment was “that every man” be armed.15 Was this not so that the people would be equipped for militia service if needed? True but only in part. The Founders clearly saw that as an auxiliary advantage. However, the stress was that all men possess the right to keep and bear arms and government in no way have the power to infringe on this right or disarm the people. During debates over ratification of the proposed Constitution (1788) at the Virginia Convention, Patrick Henry declared, “The great object is that every man be armed…Everyone who is able may have a gun”. Zachariah Johnson added, “The new Constitution could never result in religious or other oppression because ‘the people are not to be disarmed of their weapons”. Not militias, people. At the Massachusetts’ ratifying convention, Samuel Adams stated, “That the said Constitution be never construed to authorize Congress to infringe the just liberty of the press, or the rights of conscience, or to prevent the people of the United States, who are peaceable citizens, from keeping their own arms”.16 Again, these rights, freedom of speech, religion, and arms belong to individuals, not states or any other form of organized political entity including militias.

Many States, including Arkansas, Colorado, Missouri, and others specifically state people have an individual right to keep and bear arms and it is not tied to membership in a militia, military, or any form of security force.17 The Founders knew Americans opposed standing peacetime armies (as we have today) and that States were reluctant to cede any of their sovereignty to this new untried federal system of government. They also knew government, like an irresistible force of nature, attracts to it men of ambition, those craving power, and men with no moral scruples. Therefore, they added the militia phrase. States would retain the means to resist federal usurpations of their power and infringement against the liberties of people. Under the proposed Constitution, the federal government, facing a national emergency such as invasion or insurrection, could request the states call up their militias. Governors would send them to federal authorities who in turn would arm, equip, and organize them into a standing army. The States would retain the right to choose officers commanding their militia units. Once the crisis was resolved, militiamen would return to their respective states and mustered out of service. Constitution or not, efforts to “federalize” (actually, “nationalize”) State militias placing them under presidential control began almost at once just as so-called Anti-Federalists had warned.18 The individual right to possess arms was always a separate issue.

English philosopher John Locke’s Treatises On Government were widely read (1689) in the colonies. He argued man had a “natural” (G-D given) right to life, liberty, and property. Inherent in each is the right to the means of defending it.19 Under the supervision of Benjamin Franklin, John Adams, Robert Livingston, and Roger Sherman, Thomas Jefferson wrote the Declaration of Independence.20 Drawing on many widely held philosophical and theological roots; Jefferson wrote that all rights are individual and a gift from G-D. Among them are the right to life, liberty, and the pursuit of happiness (property, wages, and the fruits of one’s labor). Rights imputed by Divinity are inherent in the nature of each individual’s humanity. People are born already possessing these rights. A right to life presupposes a right to the means of defending it.21

The Second Amendment employs the words “right” and “shall not be infringed demonstrating it refers to “a right that is already assumed to exist” (which comports with the Declaration). It does not say, “The people shall have a right to keep and bear arms.” The amendment recognizes but does not grant the right” [emphasis in the original].22 Requirements to join the military, a militia, or engage in a government specified activity in order exercise a right would negate that right. Any regulation, red tape, or hoops one must jump through before accessing a right is a gross infringement and, again, negates it as a right. Governments can in no way qualify a right. No vote by a majority of one’s neighbors to limit a right in any way is legitimate. In addition, people cannot through constitutions or laws, “agree to an infringement on their rights”.23 This is because of the inherency of rights. Only Divinity can alter or abolish rights divinely created. So why does the Second Amendment continue to confound people?

George Mason’s proposed draft of the amendment read, “That the people have a right to keep and bear arms; that a well regulated militia, composed of the body of the people trained to arms, is the proper, natural, and safe defense of a free state”.24 Madison’s version read, “The right of the people to keep and bear arms shall not be infringed; a well armed and well-regulated militia being the best security to a free country: but no person religiously scrupulous of bearing arms shall be compelled to render military service in person”.25 Madison, like Mason and other Founders, wanted it understood that the right to keep and bear arms is an individual right separate from membership in any form of militia. For example, those objecting to military service on religious grounds, still possessed the right to keep and bear arms. This would not be true had the right been dependent on being in a militia. Madison’s intent “is clear not only from his wording, but also from his notes for his speech proposing the amendment”. He states it pertains to an individual right which his “colleagues clearly understood the proposal to be protective of individual rights”. Massachusetts delegate Fisher Ames wrote that among other rights, that of bearing arms “to be inherent in the people”. Writing under the name “A Pennsylvanian” in the Philadelphia Federal Gazette, Madison’s friend Tench Coxe argued that the delegates wrote the Second Amendment to “guarantee the right of the people to have ‘their private arms’ to prevent tyranny and to overpower an abusive standing army or select militia”. Madison read Coxe’s articles and agreed, the amendment pertained to an individual right.26

So much, did the Founders write about the Second Amendment; its meaning is beyond question. These documents and writings are available to anyone. On what basis can opponents of an individual right interpretation justify their position? Simple. The truth is unimportant. Only the Great Project matters. All narratives, including history, must be made to fit and support it. Like a starfish turning a clamshell over searching for a vulnerability by which to penetrate its defenses, so too do enemies of the Bill of Rights search for weaknesses. They find it in contemporary American’s unfamiliarity with grammatical construction.

It is important to keep in mind, of the Bill of Rights none refers to “States having rights”. Each refers to a right of the people. These are individual rights. To argue the Second Amendment applies only to members of a military organization turns it into a State not individual right. We have clearly seen that was not the Founder’s intention. If the Founders had intended military or militia membership dependency in order to own or possess arms, “Why would they say, ‘the right of the people to keep and bear arms shall not be infringed”? Madison and those who shaped the amendment’s wording “chose to put the militia reference into a dependent phrase” choosing “the weakest possible construction by using the participle (word formed from a verb) ‘being’ instead of writing say, ‘Since a well regulated militia is necessary…” The militia wording’s weak form demonstrates its framers listed it as a right of states. “The main independent clause” of the amendment reads, “The people’s right to have guns ‘shall not be infringed”.27

An independent clause is a stand-alone sentence dependent on nothing. The militia part of the Second Amendment forms a dependent phrase. It cannot stand alone by itself containing a subject, verb, and complete thought. Therefore, it is secondary in importance to the main independent clause. The words; “A well-regulated militia being necessary to the security of a free state” would mean what by itself? The words; “The right of the people to keep and bear arms shall not be infringed” would mean what without the first part of the amendment? People have a right to keep and bear arms. By reversing this order, the amendment’s drafters made emphatic that the independent clause was its most important part. “The Founders correctly intuited that in a bill of rights (list), the last thing the reader should have ringing in his mind’s ear is the absolute prohibition on infringement of the natural right to own guns”.28

If the Bill of Right’s enemies read America’s founding documents and writings, they know the truth. None of that matters. What does matter to them is total disarmament of American citizens. The Great Project cannot culminate until that happens. Toward that goal, the end always justifies the means.

11 Unlike men and women since the dawn of time, those on the Left are stymied when it comes to determining their sex, of which, there are but the two aforementioned options.

22 As with the Marjory Stoned Man Douglass high school “useful idiots,” Emma Gonzalez, Cameron Kasky, David Hogg, et al, the Left cowardly uses kids as stooge props, their youth supposedly giving them and their terribly immature and uninformed rantings an unassailable immunity against critique. Isn’t this what Muslim terrorists do, hide behind children?

33 Martha MacCallum Show, FOX News, 31 December 2019.

44 Sheldon Richman, “Reading the Second Amendment”, The Freeman 2 (February 1998), 112.

55 Ryan McMaken, Mises Institute, 22 August 2018, “Why We Can’t Ignore The ‘Militia’ Clause Of The Second Amendment”, Mises Institute, at https://mises.org/wire/why-we-cant-ignore-militia-clause-second-amendment/

66 Marvin Olasky, Fighting For Liberty And Virtue: Political and Cultural Wars in Eighteenth Century America (Wheaton, Illinois, Crossway Books, A Division of Good News Publishers, 1995), 93.

77 IBID. 97-98, 102-105, 107, 109.

88 Stephen Halbrook, The Founder’s Second Amendment (Chicago, Illinois, Ivan R. Dee Publisher, 2008), 13.

99 IBID. 17-19.

1010 Halbrook, 104-105.

1111 Willard Sterne Randall, Ethan Allen: His Life And Times (New York, N.Y., W. W. Norton & Company, 2011), 8.

1212 Robert Middlekauff, The Glorious Cause, The American Revolution 1763-1789 (New York, N.Y. Oxford University Press, 2005), 272-274.

1313 Randall, 8, Halbrook, 76-79.

1414 McMaken.

1515 IBID.

1616 Stephen Halbrook, That Every Man Be Armed: The Evolution of a Constitutional Right (Albuquerque, New Mexico, University of New Mexico Press, 1984), 73-75.

1717 McMaken.

1818 Edwin Meese III, Matthew Spalding, and David Forte, The Heritage Guide to the Constitution, (Washington, D.C., Regnery Publishing, Inc., 2005), 139-143.

1919 Gary A. Shade, “The Right to keep and Bear Arms: The Legacy of Republicanism vs Absolutism,” at http://www.firearmsandliberty.com/papers-shade/TheRightToKeepandBearArms.PDF.

2020 Clarence B. Carson, A Basic History of the United States, Volume I: The Colonial Experience 1607-1774 (Wadley, Alabama, American Textbook Committee, 1987), 182-183.

2121 Forrest McDonald, Novus Ordo Seclorum: The Intellectual Origins of the Constitution (Lawrence, Kansas, University Press of Kansas, 1985), ix, 60-63. See also, Gary T. Amos, Defending the Declaration (Brentwood, Tennessee, Wolgemuth & Hyatt, Publishers, Inc., 1989), 35-74, 117-118.

2222 Sheldon Richman, “Properly Interpreting the 2nd Amendment” Human Events (June 16, 1995), 16.

2323 IBID.

2424 Halbrook, Founder’s Second Amendment, 22.

2525 Shade.

2626 Halbrook, That Every Man Be Armed, 76-77.

2727 Richman, Reading the Second Amendment, 112-113.

2828 IBID.

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Virginia: Trading One Right for Another

January 20, 2020 will be the VCDL‘s Lobby Day, and thousands opposed to the massive gun people control push by the Democrats are expected to turn out. Governor Coonman is so fearful of his constituents that he has declared a state of emergency and will make Capitol Square a “gun-free” zone. He’s doing that citing some “threats” which look suspiciously like false flags designed to give him that very excuse. But I’m cynical. Or realistic; you decide.

Capitol Square will be fenced off, with a single pedestrian entrance where everyone will have to go through a metal detector. Those who wish to enter for the purpose of exercising their First Amendment right to petition the government must surrender their Second Amendment rights.

It may be a little late to coordinate this, but I have a suggestion.

First, the rally will happen. It’s time for naysayers to be quiet; adults are talking.

VCDL has arranged for organizers for specific legislators. Attendees are already being asked to make contact with them. Good; do that. But those organizers should have sign-in sheets so they document exactly how many people are there to petition their legislator. Those sheets should be given to lobbyists who are actually entering the Capitol building to speak to legislators.

Those lobbyists are the only people who should go through the metal detector. They go in, wave their sign-in sheets, and tell legislators, “Look. I’m here representing these [insert count] people who oppose your unconstitutional proposals.”

All other attendees should refuse to enter Capitol Square, and simply surround the perimeter outside of the fence. Peacefully. Your presence will still be visible, making whatever point you wanted. And you’ll be making the additional point that you won’t be disarmed.

I would have preferred that this be a Virginian operation, with out-of-staters staying away. As is, the media will highlight non-Virginians to claim that VCDL had to import protestors because not enough real Virginians oppose these bills.

They have asked that people avoid a militant appearance, because for VCDL’s intent it’s bad optics. That’s good. I hope folks go along. Tactical gear, ARs and AKs, and scary militant slogans aren’t going to suddenly persuade the Democrat delegates, Democrat senators, and Democrat governor that, “Well, gosh. We were wrong; these are just peaceable, reasonable, nonviolent people who make an excellent point.” Militant appearance and behavior at a lobbying event reinforces their belief that mere citizens are too dangerous to be trusted with arms.

If I’d been planning this, I’d have set up the rally as a silent protest outside, with everyone dressed as neatly as possible in their everyday work attire, to drive home the real point that we are just ordinary citizens, not nutjobs.

And that would make the few actual nutjobs — and the inevitable false flag types — stand out so they could be disowned and dealt with properly.

I wish Virginia the best of luck on Monday. As is, they’re going to need it.

[Permission to republish this article is granted so long as it is not edited, and the author and The Zelman Partisans are credited.]

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Safer Communities

Anti-Semitism is on the rise. No doubt about it, while the left likes to try to blame it on the right politically, that doesn’t pan out. There are no politicians on the right, and most people on the right are not saying the sorts of thing the elected demoncrats in office have espoused. The #Demoncrats seem to be trying to do their best to move as far left towards G-dless communism and have put their far left members, such as “The Squat” in the driver seat. And that may be partly why the left hates Jews, we are suppose to be spreading the light and knowledge of G-d’s handbook for this world known as Torah, or Bible and they are determined to try to eliminate G-d from the conversation. Anyone’s conversation. Communism and socialism are G-dless religions, and so, the left loves those political doctrines. The dark doesn’t want the light, it makes the dark disappear.

There have been several attacks on religious communities lately. For a list of anti-Semitic attacks, including Synagogue attacks there is this, a list of attacks on Jewish institutions.

It includes Poway and Squirrel Hill. But the carnage at Poway was far lower than it could have been. And it was far lower than at Squirrel Hill. Chabad in Poway had armed congregants, Squirrel Hill didn’t.

Within a similar time frame there were also attacks on churches in Texas. The one in Sutherland Springs Texas was stopped by a neighbor who heard the gun shots and ran out the door with his AR-15. Not his shoes, but his AR. Man had his priorities straight. He stopped the murderer. The one in White Settlement near Ft. Worth was stopped by a member of the Church Security team. But he was one of several members on the Security team. Back to the days of New Life Church and Jeanne Asssam, there have been highly publicized incidents of armed citizens stopping killers intent on wiping out life.

This led somewhat predictably to elitist Mikey Bloomersberg calling for citizens to be disarmed so criminals wouldn’t be shot while they are trying to kill people gathered to pray to G-d.

“It’s the job of law enforcement to carry guns that kill. We just can’t let the average American have guns in a crowded place…gun control saves lives…”pic.twitter.com/qt7nDRvKxz

No word on if he’s giving up his own armed security. But then, he’s “special” you, are not. Bless his little heart. One more reminder he it totally unfit to be President of the United States of America.

Even more recently the attack on a Kosher Deli in Jersey City, which was originally an attack planned for the Synagogue attached.

But New York has strict gun control there, so Jews and other law-abiding citizens are supposed to be safe!

HA! The Attack in Monsey proved gun control lies are just that. Lies. The Bucket O’Chum used a machete. I understand from this episode of the Tamar Yonah show, the pictures of the victims on social media resemble those of the victims of the 1929 Hevron riots.

https://israelnewstalkradio.com/will-there-be-war-the-tamar-yonah-show-audio-%f0%9f%8e%a7/

Towards the end of the segment she is interviewing Shifra Hoffman, founder of Victims of Arab Terror. They are both discussing that all Jews need to be armed, and we need to secure our Synagogues, we must learn to fight and be prepared to do so. You’ll love listening to Shifra, she really tells it as it is. Shifra is strong on making Aliyah, to put it mildly.

If you have any doubts at all about attacks on Jews in New York, just follow Dov Hikind on Twitter, or read some of Jack Englehard’s latest columns.

While you’re on Twitter, you could also follow The Zelman Partisans.

This social media thing is interesting. There is a writer for Arutz Sheva that I enjoy. I read a couple of columns, followed him on Twitter and we are in each others network on LinkedIn. Moshe Phillips, the writer, has done some strong columns, as you can see. He is also the National Director of the U.S. division of Herut North America.

This lead to Moshe reaching out to us to see if we could help with publicizing a Synagogue Security toolkit. It is done by Herut, and there goal is to make it much harder to successfully attack a Synagogue. As Pat Parelli says, “Prior and proper planning prevent pee poor performance.” And this time it will save lives as well. There is also advice and things to think about in your daily life, not just at Shul. Life is precious, all attempts must be made to preserve it from those that attempt to steal it. Talk to your leadership today, have them get the book, if you’re in leadership, get it yesterday.

For Immediate Release: After Machete Attack on Monsey Synagogue- Security Tool Kit Book Published

This situation turned out as well as it did because they planned, and they had a team in placed. Be prepared to respond. Someone used to say “A gun is like a parachute. You may only need it once, but if you do need it, you will need it very very badly”.

The Correct Response to a threat

Make the choice, fight back, be informed, be part of a team, contact Herut. Fight back to live.

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A Semi-Auto Ban I Can Support

Relax. Just wait for it.

I wrote to my state senator, asking him to vote for an amended version of Georgia Senate Bill 281: Dangerous Instrumentalities and Practices; possession of automatic and semi-automatic guns; prohibit; revise and provide definitions.

“Amended” version, because the bill includes some troubling things like a ban on “high capacity” magazines (10+) and outlawing private sales at gun shows. But I want the ban — total, not just “assault weapons;” no grandfathering — to pass as written. It’s all in the definition of “automatic and semi-automatic guns.”

As used in this part, the term:
(1) ‘Automatic or semi-automatic gun’ means any weapon which shoots or is designed to shoot:
(A) Automatically, more than six shots, without manual reloading, by a single function of the trigger; or
(B) Without any action needed to fire consecutive shots, other than having ammunition loaded in such weapon’s feeding device.

You see it, don’t you? Maybe not: “Automatically, more than six shots” or “Without any action”

So this letter went to Georgia Senator William Ligon, 3rd District:

Sen. Ligon,

I’m one of your constituents in St Marys, and a writer for The Zelman Partisans and The Truth About Guns. I cover firearms policy and law.

Sen Donzella James has filed SB 281 (Dangerous Instrumentalities and Practices; possession of automatic and semi-automatic guns; prohibit), I hope you will consider the following actions and encourage your fellow legislators to go along.

1. Amend to strike the ban on “high” capacity magazines (more than ten rounds) and private sales at gun shows.

2. Vote to pass the remaining ban on “possession of automatic and semi-automatic guns.”

As written, Sen. James has succeeded in “banning” semi-autos without actually banning anything, except possibly malfunctioning firearms. Passing this would be hilarious. If you aren’t quite sure why, this column explains.

www.thetruthaboutguns.com/georgia-senate-bill-281-would-ban-all-semi-automatic-firearms/

Thank you for your time.

Carl “Bear” Bussjaeger

If you live in Georgia, you may want to contact your own senator.

For those concerned about Georgians losing machine guns, worry not. The bill leaves intact existing language in the law which had already banned machine guns unless they’re registered under the NFA.

[Permission to republish this article is granted so long as it is not edited, and the author and The Zelman Partisans are credited.]

Carl is an unpaid TZP volunteer. If you found this post useful, please consider dropping something in his tip jar. He could really use the money, what with ISP bills. And the rabbits need feed. Click here to donate via PayPal.
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Scaremongering in Virginia? Not so fast.

The Roanoke Times’ Dan Casey is playing confiscation propagandist.

CASEY: Don’t believe the scaremongering on gun legislation
Probably by now, you’ve heard a hue and cry about the “great Virginia gun confiscation scheme” that’s about to be hatched in Richmond.

Yes, we have heard about it.

According to the more lurid propaganda now circulating, the Virginia National Guard will be going door-to-door, searching homes, seizing firearms, leaving law-abiding gun owners vulnerable to attacks by criminal hordes and organized gangs such as MS-13.

Casey hangs around some odd web sites if he’s seeing that. Despite my extensive reading on firearms policy and law, I haven’t run across claims that will happen. I have seen analyses of ramifications of filed Virginia legislation.

Relax. It’s not going to happen. Probably there’ll be some changes to gun laws, and some long-overdue tightening of statutes that were increasingly relaxed during two decades of Republican rule.

But nobody’s going to be going door-to-door seizing firearms. And any legislation that passes is likely to be quite familiar to Virginia’s 8.57 million residents.

Consider just two major proposals on the table.

So he ridicules the possibility of bans and confiscation, and supports his position by bringing up firearm purchase rationing and the elimination of state firearms law preemption, as if that’s all that’s being proposed.

Let me bring up another bill that was filed. I can’t think of how Casey missed it, given the very subject he mocks: VA Senate Bill 16: Assault firearms and certain firearm magazines; prohibiting sale, transport, etc.. Since the Democrats have the house, senate, and governorship it seems likely this will pass. I hardly expect the senate majority leader to let it die… since Sen. Dick Saslaw himself is the original sponsor.

That bill completely bans several large classes of common firearms. There is no grandfathering. No “buyback” provision to compensate owners for their loss. Casey somehow hasn’t noticed this. What did he think prompted Rep. Don McEachin to say, “Ultimately, I’m not the governor, but the governor may have to nationalize the National Guard to enforce the law”?

That was no “idle, ill-thought-out comment.” That was a carefully crafted proposal made in a planned interview with a national media outlet, in response to most of the state’s counties and towns announcing that they would not enforce that law if passed.

Sure, afterwards, the governor claimed the bill would be amended to grandfather in existing firearms so long as the owners register them like good little serfs. But 1) it hasn’t been amended, 2) no substitute bill with grandfathering has been filed, and 3) the governor is already budgeting for personnel to enforce SB 16, and for an increased corrections budget for people incarcerated under the proposed — and not even passed yetgun people control laws.

When governor, senate majority leader, and a congresscritter tell us that they are going to try to take guns, tell us how many millions of dollars they plan to spend trying to take guns, tell us how many people they plan to hire to try to take guns, and tell us how much money they expect to spend to imprison those that don’t want their guns taken…

Virginians should take them at their word, Casey’s clumsy attempt at dismissal through obfuscation and misdirection not withstanding.

[Permission to republish this article is granted so long as it is not edited, and the author and The Zelman Partisans are credited.]

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The Third Chamber of Congress

The US Constitution, as amended by the ATF:

Article 1 – The Legislative Branch
Section 1 – The Legislature
All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives; and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.

Article 1 – The Legislative Branch
Section 7 – Revenue Bills, Legislative Process, Presidential Veto
All bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills.

Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States; If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law. But in all such Cases the Votes of both Houses shall be determined by Yeas and Nays, and the Names of the Persons voting for and against the Bill shall be entered on the Journal of each House respectively. If any Bill shall not be returned by the President within ten Days (Sundays excepted) after it shall have been presented to him, the Same shall be a Law, in like Manner as if he had signed it, unless the Congress by their Adjournment prevent its Return, in which Case it shall not be a Law.

Bills originating in the Bureau of Alcohol, Tobacco, Firearms, and Explosives become law immediately, the House and Senate not having a say, and such bills not being subject to veto by the President.

(Italicized text added by ATF fiat.)

I always wondered how the ATF was going to deal with Franklin Armory’s Reformation. That’s the firearm which bypassed existing law by creative design. It appears to be a short-barreled rifle, but — while it has lands — it isn’t rifled; the lands are straight.

But it isn’t a shotgun because it isn’t a smoothbore. Nor is it an Any Other Weapon because it isn’t really concealable, nor does it fit any of the other AOW definitions. Franklin Armory came up with something not envisioned by the crafters of the NFA or Gun Control Act of ’68.

A normal person, yet who for some odd reason does think government should regulate firearms, might think, “Well heck; that’s like a law specifically addressing animal- or wind-powered transport, and along comes the motor car. We need Congress to pass a new law for new gadget.”

Normal people don’t work at the ATF.

Frankly, I expected the ATF to declare it to be concealable and thus an NFA Any Other Weapon, just as they declared bump-fire stocks to be machineguns, bypassing unconstitutionally bypassing Congress. But they’re on a roll now, so…

Without any enabling legislation whatsoever, the ATF has invented out whole cloth a brand new, non-NFA class of firearms.

The GCA/SBS: Gun Control Act Short-Barreled Shotgun.

The ATP Firearms and Ammunition Technology Division (FATD) has examined the Reformation firearm for purposes of classification under the applicable provisions of the Gun Control Act (GCA) and the National Firearms Act (NFA). During this examination, FATD determined that the straight lands and grooves incorporated into the barrel design of the Reformation do not impart a spin onto a projectile when fired through the barrel. Consequently, the Reformation is not a “rifle” as that term is defined in the GCA and NFA. 1 Moreover, because the Reformation is not chambered for shotgun shells, it is not a shotgun as defined in the NFA.2 Given these determinations, the Reformation is classified as a shotgun that is subject only to the provisions of the GCA (i.e., it is not a weapon subject to the provisions of the NFA).3

Under the provisions of the GCA, if a Reformation firearm is equipped with a barrel that is less than 18-inches in overall length, that firearm is classified to be a short-barreled shotgun (SBS).4 When a Reformation is configured as a GCNSBS, specific provisions of the GCA apply to the transfer of that firearm from a Federal Firearms Licensee (FPL) to a non-licensee, and to the transport of that firearm by a non-licensee in interstate or foreign commerce.

A whole new class, with whole new rules. They don’t even have forms to address this unlawful, unconstitutional Frankensteinian firearm fiat. Therefore, all sales have been ordered stopped.

Under the GCA, a non-NFA firearm would be subject to just the already burdensome rules: bound book, prohibited persons, background checks, et cetera. No NFA tax stamp.

The GCA/SBS will require special permission — somehow differing from the NFA tax stamp — from the US Attorney General (tell me again how Trump was going to save the Second with his appointees?) not just to purchase, but even to transport your own firearm across state lines.

Hey, why not? The EPA seized power to regulate carbon dioxide. At least they did it by classify exhalations — plant food — as a pollutant, an existing class in existing law.

The ATF is the third chamber of Congress. There is no Constitution.

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Deconstructing Machinegun Shootings

In October 2019, a very interesting paper was published regarding mass public shootings in the United States.

DECONSTRUCTING MASS PUBLIC SHOOTINGS
When it comes to mass shootings, the United States is tragically in a class of its own. There are more mass public shootings in the US than in any other country in the world. By some estimates the United States has experienced 318 mass public shootings between 1966 and 2017.

It appears to be a scholarly attempt to rationalize more gun people control. Without a whole lot of interest, I idly skimmed over it, thinking maybe I’d do a full-scale fisking.

Then this virtually leapt off the page and grabbed me by the eyeballs.

Handguns are the weapon of choice in mass public shootings. At least one handgun was used in 75 percent of mass public shootings. Handguns are followed by semiautomatic rifles (24%), shotguns (21%) and automatic or “assault” rifles (10%). In addition to firearms, 15 percent of perpetrators obtained non-firearm weapons such as Improvised Explosive Devises (IEDs), knives, and blunt objects, among others.

This isn’t the commonly seen “assault weapon” misnomer. Authors Joel A. Capellan and Allan Y. Jiao differentiate between semiautomatic and automatic weapons. They claim to have found that 10% of 318 mass public shootings were committed with automatic weapons: 31 to 32 shootings depending on how they rounded off the decimal place.

I found that number astonishing. At that time, I had documented fewer than five criminals uses of machineguns as defined in 26 U.S. Code § 5845(b) since passage of the National Firearms Act of 1934. And none of those uses were mass public shootings as defined by Capellan and Jiao (“the killing of four or more individuals in one or more closely related locations within a 24-hour period”).

Currently, I have confirmed six criminal uses, three unconfirmed possibles, and I found numerous undocumented anecdotal references to 1980s Miami shootings. And still none were mass shootings.

In hopes of updating my machinegun information, I asked the authors for their source data for the “automatic or “assault” rifle” shootings. After two and a half weeks of reaching out to the Rockefeller Institute of Government, Rowan University, and the authors, lead author Capellan finally responded and promised to have the data sent to me.

That was five weeks ago. The data was never sent, and Capellan does not answer emails. Thus, I do not know what the alleged incidents were; when, where, who, nor the actual type of weapon.

I can, however, speculate; and I shall.

My first thought was that they encountered news accounts of weapons reported as “MAC-10,” “AR-15,” or “AK-47” and mistook them for automatic weapons. If such were the case, a review of their data would have revealed it, and I could quietly inform the authors so that they could quite professionally retract and revise their paper.

But the time-frame — 1966-2017 — they use is interesting, as is the number of shootings found.

Their first footnote is “Public Mass Shooters and Firearms: A Cross-National Study of 171 Countries,” Lankford, 2016“, which also found mass shootings starting in 1966, and up to 2012. Lankford found 292.

I suspect Capellan and Jiao used Lankford’s list, and updated for US shootings up to 2017. I see that as a possibility because Lankford’s 292 mass shootings over a 46 year period is an average of 6.35 shootings per year. Adding in the extra five years, at the same rate, of Capellan’s and Jiao’s study period would be 323.7 shootings; that is a bare few more than the number they have: 318.

If they did so, that’s a rather large problem. Lankford’s debunked list of 292 shootings was worldwide, not just the US. Only 91 of Lankford’s shootings were in the US.

They do cite Lankford for their numbers; but if they only used his 91 US shootings, then they also found 227 mass shootings in the next five years; an average of 45.4 per year. Time Magazine found a small fraction of that for the 2013-2017 period: 33 total; and average of 6.6 per year (note the similarity to Lankford’s 6.35 average). That includes shootings which would be excluded by the Capellan/Jiao definition, which yields a total of 21, averaging 4.2 per year.

Without being able to see the Capellan/Jiao data, it very much seems as though they mistakenly used Lankford’s complete worldwide shooting list.

If this is the case, it could also explain how they might have found actual machinegun shootings; Lankford’s data includes shootings committed by foreign military personnel, an example being the Rwandan soldier who went on a rampage, killing 14 people and wounding another 19. But you might expect the authors to notice that was in Rwanda and not the United States.

Perhaps someday Capellan will provide the promised data and I will know for sure. Perhaps it prove accurate, and my knowledge (and list) will be expanded.

While this is not a complete deconstruction of the paper, I think one more thing about the mass shooting weapons is notable.

Handguns are the weapon of choice in mass public shootings. At least one handgun was used in 75 percent of mass public shootings. Handguns are followed by semiautomatic rifles (24%), shotguns (21%) and automatic or “assault” rifles (10%)

Handguns, semiautomatic rifles, shotguns, and assault rifles. But what of other rifles, such as the bolt-action Remington 700 ADL used by the 1966 University of Texas tower shooter? Or the 1974 Olean High School shooting? The 2006 West Nickel Mines School shooting with a Ruger M77 bolt-action? And the Skagit County shooting spree; Winchester lever-action rifle?

Capellan/Jiao took the time to note the use of non-firearm weapons, but omitted bolt and lever guns?

In truth, while I was primarily hoping to see the machinegun list, I really think all of their data needs to be vetted.

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Find The School Shooting: Part 6

Why do I do this? I just checked the ten latest entries in Everytown’s list of “school” shootings. It isn’t as if I don’t know by now what I’ll find.

Spoiler: Right off the top, 40% were not school shootings at all. Let’s look at the details.

  • 12/2/2019 Waukesha South High School
    Police shooting, legal intervention.
  • 11/29/2019 Illinois Institute of Technology
    A man was shot and killed Friday near the Illinois Institute of Technology campus in Bronzeville on the South Side.
  • 11/26/2019 Sarah J. Anderson Elementary School
    Vancouver Public Schools spokesperson Pat Nuzzo said the “targeted” shooting took place in the school parking lot at 3:15 p.m., but did not involve students or staff.
  • 11/23/2019 Searles Elementary School
    The shootings of the boys, ages 11 and 14, took place in the parking lot of Searles Elementary School, CBS San Francisco reported. Callers to 911 reported hearing gunfire at around 1:30 a.m., the station said.
  • 11/23/2019 Florida Memorial University
    Open party on campus, 10:15PM. Unidentified; unknown if students or staff, or just visiting partiers. Given the area, I imagine it was gang-related.
  • 11/23/2019 Southern University at New Orleans
    A spokesperson with SUNO stated that the victim is not a student or employee of the university and that the university rents out the building to non-affiliates of the university.
  • 11/23/2019 University of Louisville
    Three people were injured in a shooting Wednesday night near the University of Louisville, according to police.”
  • 11/15/2019 Pleasantville High School
    A shooting took place on the football field at Pleasantville High School in New Jersey on November 15.
  • 11/14/2019 Saugus High School
    A girl and a boy were killed and three of their classmates wounded when a fellow student opened fire on his birthday at Saugus High School in Santa Clarita Thursday morning, authorities said.
  • 11/11/2019 Achievement Academy
    A 19-year-old male student was shot Monday afternoon outside Achievement Academy in northeast Baltimore.” Targeted attack on public street in front of school.

Four of ten were not on school grounds: 40% not school shootings, even by Everytown’s expansive definition.

One was a police officer stopping a crime. On campus, but not what most folks would think of as a school shooting.

Two more happened in school parking lots after hours, and did not involve students or staff. On campus, but not what most folks would think of as a school shooting.

One was an after-hours open party on a university campus. Victims not yet identified. Maybe, maybe not, but not what folks think of as a school shooting.

That leaves two shootings on high school campuses, involving students, and at school-related events.

You may recall that I object to Everytown inflating their count by including colleges and universities, when most folks think they’re talking about elementary and high schools. 40% of these are such (including three that weren’t actually on school grounds). I didn’t take the time to fact check the next ten entries, but seven of that ten are college/university, too. That’s 55%.

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[UPDATE 2] Laugh of the Day: Andrea Chamblee

See updates below. This is  getting serious.


Maybe even the week. We’ll see.

Andrea Chamblee wants her some gun control, and she ‘s mad that State Sen. Bobby Zirkin “slow-walked” a universal preemptively-prove-your-innocence bill. But the funny part is why she wanted that passed.

…the bill that would make it illegal for already disqualified people to obtain rifles and shotguns at gun shows and other transfers. (emphasis added)

She thinks it’s legal for prohibited persons (“disqualified people”) to obtain rifles and shotguns.

So I tweeted to her that it’s been unlawful for prohibited persons to obtain firearms for decades Try to keep up. And that’s where it started getting funny.

From the NRA website:
“Maryland does NOT regulate the sale of rifles or shotguns and no permit is required to purchase a rifle or shotgun that is not an “assault weapon.” Nov 12, 2014
Keep up. Dumazz? Liar? Both!

Yes, in a discussion of prohibited persons, she’s citing the VNRA on Maryland state laws on long gun regulation. I cited 18 U.S. Code § 922(g), Gun Control Act of 1968. And laughed at her carefully considered and mature use of language.

Her response:

So the NRA webpage is lying? Whine to Putin.
Ok, Boomer?

-face palm- She still doesn’t grasp that she’s looking at the wrong reference. And I’ve got no clue what Putin has to do with this. Maybe she thinks 18 U.S. Code § 922 is a Russian law. Does that “§” look Cyrillic to you?

The “OK, Boomer” is great. That’s the first time anyone has pulled that on me. And this time seems a little… odd.

Unless she’s led a particularly hard life, I’d say she could easily be older than I. Somehow, I thought I’d first hear it from a Millennial or whatever they’re tagging younger folks as.

If Andrea wants to be a gun control activist, she really should learn something about gun control. I referred her to our Gun Culture Primer.

I needed those laughs. Gun People controlling victim disarmers aren’t usually so entertaining in their ignorance.


UPDATE: Holy Moley. Andrea Chamblee thinks MD Crim Law Code § 5-622(b) & 18 U.S. Code § 922(g) are a Russian conspiracy pushed by Putin, and that it’s actually lawful to sell rifles & shotguns to prohibited persons.

Is that really her, and she’s that fugbuck nuts? Or has someone hacked her Twitter account?

You know it’s legal to sell it to him. You’re just spreading Russian propaganda on behalf of Putin. Putin has figured out how to murder Americans. He just has other Americans do it. Other Americans who spread hate and conspiracy theories like you

If that’s Chamblee, and not some prankster trying to make her look bad, she’s in need of some serious professional help.


UPDATE 2: I’m heartbroken. </sarc>

I guess that was the real Chamblee. Hopefully someone will get her some help.

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Cautiously Pessimistic

Direct marketeer Alan Gottlieb is cautiously optimistic “that the U.S. Supreme Court will “step up to the plate” and expand further on the right to keep and bear arms that is protected by the Second Amendment in the case of the New York State Rifle and Pistol Association v. City of New York.” I’m not. And when Gottlieb says things are good, you know it’s gonna hit the fan.

Post-Heller and McDonald, the Supreme Court has been AWOL on the Second Amendment. Many people thought that would change with the appointments of Gorsuch and Kavanaugh allegedly giving the Court a “conservative” majority. How they figure that with “It’s not a fee, it’s a tax” Roberts beats the heck out of me.

We had a chance to test that theory with the bump stock ban. And they rejected a temporary stay of enforcement. Twice.

Slow learners thought that SCOTUS granting cert to NYSRPA v. NYC was a good sign. I was dubious, and more so when they instructed parties to be prepared to argue the mootness point. If you weren’t keeping up, when the Court took the case, NYC changed their law slightly in an attempt to make the case moot, so the Court would drop it.

Moot. Imagine a lawsuit for car accident damages where the defendant argues the case is moot because the crash is over. NYC screwed over gun owners for years, limiting their training and defense options.

It’s possible that the Supreme Court has seen the error of its ways. That could be why they took up a “moot” case. Perhaps they’ll rule that NYC’s limitations on firearm transport were unconstitutional. Given its history, especially recent history, I don’t think so.

I think it’s nothing more than a political show. The Court figured they had to be seen to do something on all these 2A cases, and they picked this one for the dog and pony show. They can say they leaned over backwards to give NYSRPA a chance, but gosh darn it, the mootness point was real. Dismissed.

But the really pessimistic possibility is that they won’t dismiss, and uphold the city’s old law. All it takes is five justices, and if Gorsuch and Kavanaugh are unknown qualities, Roberts is a proven lefty mole.

We shall see.

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