Uniquely American

Did you watch the second place round GOP debate? I didn’t, but it’s sure in the newsfeeds this morning. From what I’ve seen, the most notable performance wasn’t from the (vice) presidential candidates, but co-moderator Ilia Calderón.

“Mental health concerns are not unique to United States. But gun violence is.”

“Gun violence” is unique to the United States?!

Calderón is from Colombia, and seems to still be a Colombian national despite living in the US for years. In 2020, Colombia‘s gun homicide rate was a mere 16.67/100K. By compariion, uniquely violent America’s rate was a whopping… um, er… 5.9/100K.

My, my; Calderón’s home country has a gun homicide rate nearly three times that of the US. In fact, Colombia ranks 8th for firearm homicide rate, while the US is…

18th. And that’s despite the US having around twelve times as many firearms per capita. We have more guns, but those peaceful Colombians blow each other away with theirs more often.

Apparently Ms. Calderón relocated to the US in 2001, when her home country had a gun homicide rate of 57.11/100K. Perhaps she thought the US, with a rate of 3.98/100K at the time looked a little safer.


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


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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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[Update] An Appropriate Use Of Force?

There’s a trial in Virginia over a shooting. Let me describe the reported circumstances, and let you decide what you’d have done.

You’re minding your own business, when a 6′ 5″ “goon” (his own monicker, by the way) walks up on you. He sticks his hand in your face and calls you a “dips**t”. You repeatedly tell him to stop, but he refuses. You keep backing away, but he keeps closing on you, still calling you a “dips**t.” You try to knock his hand out your face, but he continues.

Would you be frightened, concerned for your physical safety?

Would you shoot the hulking threat?

Alan Colie did shoot the goon; a single shot to the abdomen. And was arrested for it.

Cook, who is 6-foot-5, could be seen holding a cell phone about 6 inches from Colie’s face. The cellphone broadcasted the phrase “Hey dips—-, quit thinking about my twinkle” through a Google Translate app several times.

Colie could be heard saying “stop” on three separate occasions and tried to back away from Cook, who continued to advance towards him.

Colie attempted to knock the phone away from his face before he allegedly pulled out a gun and shot Cook in the lower left chest.

The “rest of the story” is that the goon is a YouTube “prankster,” who has had multiple run-ins with law enforcement over his disgusting, frightening, and threatening “pranks” pulled on unsuspecting strangers. A sane person of normal intelligence might learn from those encounters that such “pranks” are dangerous.

Not Cook.

YouTube prankster Tanner Cook said in court on Tuesday that he had no idea he had scared or angered Alan Colie, 31, who ended up allegedly shooting him during a prank.

And why would he even consider the possibility that his victim might be scared? After all, it’s not like any of his other targets were…

Cook said during the hearing that he tries to confuse targets of his pranks for the amusement of his online audience and doesn’t try to elicit fear or anger, but said his targets often react that way.

Oh. So he already knew that his subjects often perceive him as a threat — just as Colie did — but still thought thought the risk of instilling that fear would be fun.

Would I have shot the goon? Quite possibly, given the scenario described in court. I would certainly have drawn my sidearm and issued one last warning. Then, whether I fired or not would depend on Cook passing the impromptu IQ test.

The prosecution in this case maintains that the shooting was unjustified because the goon was “unarmed.”

“It was stupid. It was silly. And you may even think it was offensive. But that’s all it was — a cellphone in the ear that got Tanner shot.”

No, it was disparity of force. Colie was threatened by a person much larger and stronger; a person who refused to cease his threatening actions. Cook didn’t need a weapon to be a danger, he was a weapon. And while Cook might not have intended to be a threat, Colie didn’t know that; he only knew what he was experiencing, and that was the actions of Cook, who admitted that he knew his victims “often” saw his acts as threatening.

Juries are weird, so I don’t know how this will turn; but I know how it should: acquittal.

As for goon Cook, he clearly is still failing life’s ongoing intelligence test. I suspect he’ll finally encounter someone less restrained than Colie — who only fired a single shot to stop the advancing threat — who will empty his magazine center mass, ending those “pranks” for good.

Update, 9/29/2023: The verdict is in. Colie was acquitted of the two felony malicious wounding and malicious shooting in an occupied structure charges. Weirdly, though, he was convicted of misdemeanor use of a firearm during a felony the same jury said he didn’t committed. Colie’s attorney is addressing that.

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

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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Two-Tiered Justice?

Hunter Biden has been indicted for possessing a firearm while being a user of illegal drugs, and lying about it on the 4473. If the law is for everyone, I think it’s… ahem high time.

Technically, he was indicted for the 4473 lie previously, but was going to be allowed to completely skate on the charge, with pre-trial diversion. Some of us wondered, if his name wasn’t “Biden,” whether he would have faced more serious penalties. But this being 21st century America, Dimwitocrats have turned that around now.

Dem Rep. Goldman: ‘Two-Tiered Justice System’ Indicting Hunter for Seemingly Violating Gun Laws Because He’s a Biden
Goldman said, “Well, look, it is a crime that, in my ten years as a federal prosecutor I have never heard of being charged.

Really? Never? Not even just a few months ago?

Legal experts say the charges against Hunter Biden are rarely brought

Define rarely. These folks might be surprised to hear that. So would the ATF.

I found all those recent (post Hunter’s little possession adventure) cases in about two minutes with a single web search.

And, as states decriminalize majijuana use, that federal firearm prohibition is of concern to users, who seem to be a bit more aware of the issue than is Rep. Goldman.

However, given prosecutor Weiss’ eagerness to let Hunter Biden off, I wonder if he isn’t clued in a little better, legally speaking. Earlier this year, in US v. Harrison, a judge ruled this restriction on unlawful drug users’ possession of firearms to be unconstitutional, having applied the BRUEN precedent of general, historical legal tradition.

My guess is that Crackhunter will make that same argument, and Weiss will decline to challenge it. The possession charge, at least, goes away. Weiss declines to appeal. Hunter walks.

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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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NM: Governor Stalin Sending In The Thug Enforcers

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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Oathbreaker

In reference to her unlawful, (doubly) unconstitutional, and immoral attempt to disarm citizens, NM Dictator Lujan Grisham had this to say.

“I can invoke additional powers. No constitutional right, in my view, including my oath, is intended to be absolute,” Grisham claimed, adding, “There are restrictions on free speech. There are restrictions on my freedoms.”

That may be the single most honest statement by any American politician I have ever seen.

And it’s a bit scary to know we’ve reached the point where a politician will be so open about how little she cares about your rights and her oath.

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