Category Archives: authoritarian swine

authoritarian swine, Courts, Law, Rights, SCOTUS

SCOTUS: Enforcement Or Irrelevance

Pigpen51 left a comment on an earlier column regarding the Ninth Circuit Court of Appeals complicity in California’s brazen violations of the Constitution. He thinks the Supreme Court needs to make some rulings with absolutely no wiggle room to allow California — and like-minded oathbreakers — to continue enforcing bad laws.

I hope that they do so with, shall we say gusto, or extreme prejudice, or with a heavy gavel? Because if they leave even the smallest crack in the rebuke, no doubt the anti Constitution liberals will find a way to yet again hold things up

Crack? Taking advantage of a “crack” is what they did with the original Gun-Free School Zones” law. SCOTUS tossed it, so they passed a new bill virtually identical to the original, with “moved in interstate commerce” tacked on.

Mostly they don’t worry about cracks anymore. If a law gets tossed, they simply pass it again with the punctuation slightly altered, and declare that it’s new and SCOTUS hasn’t ruled on this one. That forces the pro-freedom types to waste time and money to fight what is essentially the exact same law. Blue state legislators and AGs don’t mind because it isn’t their money they’re wasting; it’s yours.

SCOTUS should have put a stop to that decades ago. Now, emboldened by SCOTUS’ failure to slap them down, they’re escalating. California just passed a couple more bills that clearly violate BRUEN. And they know it. Newsom said so, saying that they will not be bound by the “general, historical legal tradition” demanded by BRUEN.

“Newsom framed the move as a response to the “rights reduction” caused by gun laws that function under a “1790s framework,” a recording of the signing showed.”

And it wasn’t just Newscum saying it. It’s actually in the bill passed and signed. (It helps to read the “Whereas” rationalization preface to bills, and not just the hard action portions.)

No longer will they need to “keep kicking that can down the road.” If SCOTUS doesn’t start arresting these scumbags, they don’t need to “change the makeup of the court” that they’ll ignore anyway.

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authoritarian swine, Constitution, gun control, Law, Rights, SCOTUS, Violence-Enabling Victim Disarmers

More Victim Disarmament In California

Governor Newsom signed a couple of more bills yesterday, as if Commifornia didn’t have enough laws.

SB 2 raises the age to purchase any firearm to 21 years, and increases areas where firearm possession is banned.

within any state or local public building or at any meeting required to be open to the public

Governor’s Mansion, or any other residence of the Governor, the residence of any other constitutional officer, or the residence of any Member of the Legislature. (The governor’s mansion? Perhaps Newscum realizes how unpopular he’s becoming.)

the grounds of the Governor’s Mansion or any other residence of the Governor, the residence of any other constitutional officer, or the residence of any Member of the Legislature.

any building, real property, or parking area under the control of an airport

a public transit facility

an area in, or on the grounds of, a public or private school providing instruction in kindergarten or grades 1 to 12, inclusive, or within a distance of 1,000 feet from the grounds of the public or private school.

They generously exempt “place of residence or place of business or on private property.” If you live in a school zone and want to take any firearm that could be concealed carried somewhere else, it must be unloaded and locked in a case and transported in a motor vehicle or locked in the trunk of the motor vehicle. That means if your sole means of transportation is foot or bike, you’re screwed. Same with public transit buses, unless the bus can pick you up directly on your private property, and drop you off on private property.

But just in case they might have missed an area, there’s 25850

A person is guilty of carrying a loaded firearm when the person carries a loaded firearm on the person or in a vehicle while in any public place or on any public street in an incorporated city, city and county, or in any public place or on any public street in a prohibited area of an unincorporated area of a county or city and county.

Streets, sidewalks, parks…

I’m sure all of California’s frustrated gangbangers are fretting over how this will impact their crime sprees.

But of you still want to buy a gun, and you’ve turned 21, prepare to shell out a lot more money. AB 28 adds a new 11% excise tax on firearms and ammunition. I expect ammo sellers in Nevada are pleased.

I’ll bet you’re thinking that these restrictions might run afoul of the BRUEN test of “general, historical legal tradition.” Newscum thought of that.

Newsom framed the move as a response to the “rights reduction” caused by gun laws that function under a “1790s framework,” a recording of the signing showed.

Yep, this was intended to out-right violate the BRUEN decision. Judge Benitez will have fun with this.

This column puts my personal contributions to The Zelman Partisans over 50% of all of our columns. I fear this makes TZP a little one-sided. Please, we welcome columns from other people. If you are interested in writing about 2A issues, particularly from a Jewish perspective, contact me.

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authoritarian swine, gun control, gun grabbers, Law

Expect The Country To Be Flooded With Illegals

Illegal guns, that is. Dopey Gropin’ Joe Biden is creating a new White House Office of Gun Violence Prevention.

Tomorrow, President Biden will announce the establishment of the first-ever White House Office of Gun Violence Prevention to reduce gun violence, which has ravaged communities across the country, and implement and expand upon key executive and legislative action which has been taken to save lives.

It’ll be headed by VP Kneepads Harris. Based on her performance as the border czar, and the ensuing flood of illegals and drugs, I suppose we can expect similar results.

Maybe I’ll finding some of those “guns on the street” that I keep hearing about.

The sad reality is that they may have finally found a job that Harris will actually do: push more victim-disarmament laws, regs, and rules.

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authoritarian swine, Constitution, gun control, Law, SCOTUS, self defense

Remember Grisham’s Excuse For Her NM Gun Ban?

Here’s an update on NM Dictator Grisham’s unconstitutional order banning public possession of firearms.

Recall that she cited three cases of children killed with guns as her excuse for raping the US and state constitutions. Two cases definitely were committed by people in unlawful possession of firearms, which made it unlikely that the perps would obey Gov. Stalin’s order; she later admitted that criminals wouldn’t obey.

More information on the third case is now available.

The suspects have been caught. The police say it was gang-related (duh), and a case of mistaken identity. The perps were after a man in a white truck, but shot the wrong white truck. One perp was already wanted on drug charges, so… prohibited person. The second perp was busted a week after the shooting when transporting 22 pounds of fentanyl. He had gang-type neck tats covered up with makeup; I’ll make a WAG that he was also already a prohibited person at the time of the shooting. Official charging docs should be available later today.

So every shooting that Gov. Stalin cited to rationalize her unconstitutional ban wouldn’t have been stopped by it. Because criminals don’t obey laws, much less tyrannical edicts.

The Biden administration is never going to charge Grisham for her 18 U.S. Code § 241 – Conspiracy against rights and 18 U.S. Code § 242 – Deprivation of rights under color of law violations. But just maybe, if Trump or another Republican somehow gets elected next year, he can be pressured into making the DOJ do the right thing.

Probably not.

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authoritarian swine, gun control, Law

Hey! My “Engaged In The Business” NPRM Comment Finally Appeared.

1 Comment

It only took four tries, and a week, but they finally accepted one from me.

Regulations.gov claims…

Posted by the Alcohol, Tobacco, Firearms, and Explosives Bureau on Sep 15, 2023

…but I happened to check on the 15th, and it was not found.

Between my personal commenting and TZP’s, we only have a 42.9% success rate in getting the ATF to accept comments.

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Administrivia, authoritarian swine, gun control

ATF NPRM Commenting FUBAR As Usual

As I noted on September 8, the ATF is screwing up commenting on the “engaged in the business” Notice of Proposed Rule-Making.

In short, as dockets changed and vanished in a period of minutes, I found it desirable to comment six times; three times on behalf of TZP, and three times for myself personally.

Regulations.gov is now posting comments, so I checked the status of our comments. It ain’t pretty. I’m documenting the results so I have a public record of what is happening.

TZP Comment Tracking Numbers (in order submitted)

One lost, submitted after first that’s there, and before the other that’s there.

Personal Comment Tracking Numbers (in order submitted)

  • lma-m7xn-uqi0 (not found)
  • lma-nseu-zlmo (not found)
  • lma-p5qv-j9z4 (not found)

NONE of my personal comments can be found. Note that all were submitted after the first TZP comment appearing, and two before the third TZP comment that appears. My third comment was posted last. I see other people’s comment appearing that were submitted
days after mine. I have email confirmation that my comments were received (for two; I forgot to enter my email address for one).

I have now submitted a fourth attempt at commenting; Comment Tracking Number: lmg-ih6a-k2ww. I’m still waiting for the email confirmation.

Please let us know in comments below if you are also having difficulty commenting on the NPRM.

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authoritarian swine, Constitution, gun control, Law, Rights, SCOTUS, Violence-Enabling Victim Disarmers

NM: Governor Stalin Sending In The Thug Enforcers

2 Comments

Well, assuming she can find any State Police officers stupid enough to sign those citations and serve them.

Gov’s office promises State Police will enforce gun ban
Even without that physical presence, the governor’s office intends to act.

“The order is being enforced, and citations will be forthcoming from the State Police,” said Caroline Sweeny, a spokesperson for Lujan Grisham’s office. ”To ensure officer safety, we will not be providing additional details at this time.”

Multiple people were live streaming the event in Old Town which turned into an open-mic lasting several hours for anyone in attendance, mostly armed with at least one weapon, to share feelings, concerns and possible threats in reaction to the order.

It appears Grisham expects the Staties to identifying “offenders” from video, and cite them for violating her unconstitutional diktat. Reportedly the Albuquerque police did have a surveillance “device” set up for the even, as they seemingly often do. But given the police chief’s opposition to the ban order, it seems doubtful that he’d assist them by providing video or still shots.

But several people live-streamed the event, so the governor may just pull that off the Internet. It wouldn’t surprise me if she tries geofencing the protest; but that leaves her with proving that a particular cell phone was carried by an armed person.

Next, she has to find someone willing to put his name on the citations, and open himself up to the expected 18 U.S. Code § 241 – Conspiracy against rights and 18 U.S. Code § 242 – Deprivation of rights under color of law.

Finally, she needs a bunch of Staties brave and stupid enough to serve the unconstitutional citations on armed citizens.18 U.S. Code § 241 and 18 U.S. Code § 242, again.

Will the State Police do this? While the Bernalillo sheriff, Albuquerque police chief, and district attorney were quick to weigh in negatively, I’ve seen nothing as yet from the State Police.

The State Police web site is notably devoid of any contact data other than a physical address and a post office box; no telephone numbers, email addresses, or contact form (other than a way to compliment them). I finally located a contact form for the Department of Public Safety, under which the SP falls.

I sent this a few minutes ago.

Good day,

I am a firearms policy and law analyst for The Zelman Partisans. I have a few questions regarding enforcement of Governor Grisham’s and Secretary Allen’s action in banning public possession of firearms.

Given that the Albuquerque police chief, Bernalillo County sheriff, and the Albuquerque district attorney have all announced that they will not enforce the unconstitutional edict, is the New Mexico State Police going to enforce it, as Grisham has claimed?

Has the State Police considered the Second Amendment implication in light of the BRUEN decision test of general, historical legal tradition?

Has the State Police consider the ramifications of the NM state constitution, Sections 4 and 6?

If the State Police choose to enforce this, what action will you take against any officers who refuse to participate and open themselves up to 18 U.S. Code § 241 – Conspiracy against rights and 18 U.S. Code § 242 – Deprivation of rights under color of law charges?

Given that at least three groups have already filed lawsuits (NAGR, GOA, and FPC, I believe), are you willing to be added to the lawsuits?

Are individual State Police officers willing to be added to the lawsuits?

Thank you for your time. I look forward to your replies.

I’ll update if I receive a useful reply.

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authoritarian swine, Constitution, duty, gun grabbers, Law, Political philosophy, Politics, Violence-Enabling Victim Disarmers, Voting

Are The Pawns Refusing To Play?

Playing the game

Bear had an excellent article on the tyrant in New Mexico attempting to use the Covid Tyranny paradigm to advance her gun grab agenda. This is a tiny taste of what the WHO Pandemic treaty would look like. Everything the globalists want to put an end to will become a health threat. We know “President” Puddin’head has no problem with handing U.S. over to the Chinese, Ukrainian corruption, Romanian corruption and on and on, including but not limited to the W.H.O. pandemic treaty.

I’ve written about this a couple of time, well, more really, but if you are new, try these;

AMNESTY?

NOT W.H.O. BUT WHAT ARE YOU?

But this time, there may be, just may be some of the “pawns” that are refusing to play the game. And this gives me great hope that there is the spirit of sanity that may be starting to wake up in this beleaguered country.

The first one is in New Mexico. Sheriff John Allen from Bernalillo County (north of Albuquerque) announced he will not comply with the diktat. Rather publicly actually, in a “tweet” or is it an “X” now? I dunno. Here’s a snippet.

However, as the elected Sheriff, I have reservations regarding this order. While I understand and appreciate the urgency, the temporary ban challenges the foundation of our Constitution, which I swore an oath to uphold. I am wary of placing my deputies in positions that could lead to civil liability conflicts, as well as the potential risks posed by prohibiting law-abiding citizens from their constitutional right to self-defense.

I was elected to represent and safeguard all constituents and to ensure the balance between our rights and public safety is maintained. That means we must critically evaluate any proposed solution to the deeply rooted issue of gun violence, ensuring we both protect our community and uphold the values that define us as a nation.

Feni Ammunition is also helping citizens of New Mexico “fight back”. They have a special shipping offer.

Feni Ammo’s excellent response

Commandant Grisham (ja VOL!) is so obviously over the top that Elon Musk weighed in and I think while I like Bear’s point the very best, this would be an option. There needs to be a very clear signal sent, not one millimeter more.

She needs to be gone. Yesterday.

Our second story comes from, wait for it, The People’s Republik of Kalifornia. There’s a 7:18 video.

Entire City Rebels, Outlaws Mask and Vaccine Mandates

snippy snip snip

An entire American city has just voted to officially ban all future mask and vaccine mandates: Huntington Beach, California—which is quite notable because California had some of the most stringent mandates in the country.

Your local elections matter as much, if not more than the federal ones at times. One courageous Sheriff, and others may rise up as well. Well, the ones that aren’t Demoncrats. A city council that you’ve vetted, a school board that puts children and their education ahead of the current thing and their ideology will make a huge difference in your day to day life, that of your business and your children’s future. I learned this lesson the hard way years ago, my group emerged victorious over the issue, but a huge overstepping of bounds lead to the entire county commission being replaced in the next election. As it should have been.

People aren’t stupid, if there is much trust left in the blathering of the MSM, aka #FakeNews I’d be shocked to hear it. They know our country is in trouble, and I understand many former Demoncratic demographics are catching on to who is responsible.

2 Million Guns Sold In August, 49th Straight Month Of Over 1 Million Sales

Our answer to this sort of attempted tyranny needs to be “NO”, feel free to insert your favorite amplifier in front of it.

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authoritarian swine, gun control, Law, SCOTUS

Tyranny In New Mexico

New Mexico Gov. Michelle Lujan Grisham, apparently enouraged by her success at tyrannical ChinCOVID rights-violating restrictions, is moving the tyranny goal posts a little closer.

She has totally “suspended” the right to publicly possess firearms in Albuquerque. Except for her uniformed thugs, naturally.

And the criminals who have already been carrying unlawfully. I suppose she “expects” them to obey her diktat when they blew off the law.

New Mexico governor issues emergency order to suspend open, concealed carry of guns in Albuquerque
New Mexico Gov. Michelle Lujan Grisham on Friday issued an emergency public health order that suspends the open and permitted concealed carry of firearms in Albuquerque for 30 days in the midst of a spate of gun violence.

The Democratic governor said she is expecting legal challenges, but felt compelled to act in response to gun deaths, including the fatal shooting of an 11-year-old boy outside a minor league baseball stadium this week.

Damned right there will be legal challenges, and outright disobedience.

The order proper was issued by Patrick M. Allen, Secretary of of the NM Department of Health; under the claimed authority of Lujan Grisham’s previous executive orders. The governor did direct that the order be issued; “spurred” by three recent shooting deaths of children.

Let’s look at those cases.

A 13 year old girl was shot by a 14 year old boy, at his home, using his father’s gun. The “public health” order doesn’t ban possession of a firearm at one’s own home. And being 14, without adult supervision at the time, he was in unlawful possession of the firearm.

A 5 year old girl was killed in a drive-by shooting, by an underage suspect in unlawful possession (doubly so; an Albuquerque ordinance violation, too), and in a stolen car. I suspect this order would not have deterred him either, since the other laws didn’t.

The case of the 11 year old boy is less clear; the suspect has not yet been identified. But the circumstances prompt me to doubt that the shooter lawfully possessed the firearm: road rage shooting victim’s vehicle reportedly pulled in front of another car. That car did a U-turn and came back to let loose seventeen rounds at the victim’s car. I’m just waiting to see if this was a gangbanger, who we all know are prone to obeying laws and public health orders. (Yes, sarcasm.)

Clearly this unconstitutional order isn’t going to reduce crime, as they pretend.

And it violates the New Mexico constitution

Section 1. [Supreme law of the land.]
The state of New Mexico is an inseparable part of the federal union, and the constitution of the United States is the supreme law of the land.

And what does the US Constitution have to say about this?

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

I think the guv is going to be hard pressed to find a BRUEN-style general, historical legal tradition for totally disarming private citizens outside of their own homes.

But back to the NM constitution. It has more to say on the subject.

Sec. 4. [Inherent rights.]
All persons are born equally free, and have certain natural, inherent and inalienable rights, among which are the rights of enjoying and defending life and liberty, of acquiring, possessing and protecting property, and of seeking and obtaining safety and happiness.

Self defense is a little more likely when you have something with which to defend yourself; maybe something like…

Sec. 6. [Right to bear arms.]
No law shall abridge the right of the citizen to keep and bear arms for security and defense, for lawful hunting and recreational use and for other lawful purposes, but nothing herein shall be held to permit the carrying of concealed weapons. No municipality or county shall regulate, in any way, an incident of the right to keep and bear arms.

That’s pretty clear. Even more so than the US Second Amendment.

Lujan Grisham and her jackbooted flunkies are violating the hell out of a right protected by the state and national constitution. Why, that sounds a lot like conspiring deprive citizens of rights. Specifically, 18 U.S. Code § 241 – Conspiracy against rights and 18 U.S. Code § 242 – Deprivation of rights under color of law

They shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death.

If a single person, who otherwise would have been carrying a defensive firearm, is killed or raped because they were rendered helpless by this order, Gov. Michelle Lujan Grisham and Secretary Patrick M. Allen can be sentenced to death. They could be executed; and despite my tendency to oppose government-conducted death penalties, I would cheer.

And Fulton County, Georgia mass indictment-style every staffer and bureaucrat that Lujan Grisham and Allen talked to about this can join them.

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Action, authoritarian swine, Constitution, gun control, Law, SCOTUS

[UPDATE 2] “Engaged In The Business”

UPDATE: As always, it appears that the ATF screwed up the NPRM. The links I posted earlier now go to a error page.

We’re sorry, an error has occurred
A general error occurred while processing your request.

Now the correct URL is https://www.regulations.gov/document/ATF-2023-0002-0001. For now.

This change, as in the past, probably trashed all comments that had been submitted. So I’ll comment again. And very likely — based on the ATF’s history of NPRM errors — a third time. We’ll see.

Update 2: The new second docket, AT-2023-0002-0001, briefly went dead, but now appears again. It’s unknown if the comments we submitted were retained. We’ll submit comments again just in case. But…

A THIRD docket, ATF-2023-0002, is ALSO live.

Live, but empty at this time. If you look at the “Browse Documents” tab, it does link back to the intermitteently visible ATF-2023-0002-0001.

So as of 9/8/2023, 10:20 AM EDT, we’ve had

  • ATF_FRDOC_0001-0051 (dead)
  • ATF-2023-0002-0001 (sometimes there, sometimes not)
  • ATF-2023-0002 (empty, but links to ATF-2023-0002-0001; it may be a “home folder” for 2023 NPRMs)

This looks very much like someone is deliberately interfering with commenting.

Original post follows.

Of screwing Americans. The ATF is that. As usual.

More than a year ago, The Zelman Partisans warned that the so-called Bipartisan Safer Communities Act changed the definition of “engaged in the business” of selling firearms. And not in a good way.

No longer would you need to be selling enough guns to make a living. Just a single sale, if your intent is to make money, suffices to require a Federal Firearms License. There is no exception for sales to friends or family. There is no exception for sales to pay off medical bills.

The ATF has published their Notice Of Proposed Rule-Making (NPRM) instituting this change. There is a 90 day commenting period. I encourage you to comment and point out the idiocy of the ATF and Congress. TZP has done so. Feel free to use this as a basis for your own comments.

This proposed rule, essentially requiring any person, selling a single firearm to pay bills, to first obtain a Federal Firearms License (FFL), is blatantly unconstitutional. It also would not work as advertised, and would even be counter-productive.

Allow me to explain.

The proposed rule is in absolute, direct conflict with Supreme Court rulings in HELLER, MCDONALD, and especially BRUEN.

There is no general, historical tradition that has required private citizens making private, occasion sales — as opposed to deriving a significant, ongoing income from regular sales — to first obtain an FFL. That is not “consistent with the Nation’s historical tradition of firearm regulation.” Never before has such a thing been required.

In fact, even the FFL itself fails BRUEN’s general, historical tradition test as no federal license for those actually engaged in the business was required until passage of the Federal Firearms Act of 1938 (FFA). America got along just fine without any such law for its first 162 years.

And while this unconstitutional action was directed by the Bipartisan Safer Communities Act, it would do nothing to make safer communities. Those dealing in black market and stolen firearms will simply ignore this rule; just as they have ignored the FFA for 85 years, and the Gun Control Act of 1968 for 55 years.

The only people who will be affected by this proposed rule are the honest folk, who would have to decide between following the criminals’ highly successful 85 year old example, or being compliant chumps.

Should a significant number of America’s 100+ million gun owners decide they need an FFL, just in case they might be in a car accident and need to sell their collections to cover medical expenses, the ATF will be swamped with Form 7 applications. The waiting time will rise from the current two month estimate to — potentially — years, leaving said bills unpaid and the victims of unchecked bureaucracy bankrupt. I strongly suspect the Supreme Court would find that such delays themselves are an unconstitutional infringement of the Second Amendment.

Allegedly, this proposed rule would have the effect of instituting universal background checks. I think someone failed to consider the effect of 18 U.S. Code § 922(t)(1). With a significant percentage of the gun-owning population being new FFL holders, they could happily transfer all the firearms they wish amongst themselves anyway; be it a previously-private sale, or a conventional purchase in a gun store.

The number of gun purchase background checks would DECREASE.

My personal comment added this line.

Please extract your craniums from your rectal orifice before it’s too late.

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