Category Archives: Law

authoritarian swine, Culture, gun grabbers, Law, Politics, resistance, Sellouts and traitors, Terrorism, Voting

Welcome to Amerizuela

August 10, 2022 Sheila Stokes 5 Comments

Welcome to the 3^rd world banana republic known as Amerizuela. Or perhaps Ukranica? A place where political opponents are held in a gulag as POWs for over a year and are harassed by weaponized law-enforcement. They have reached new lows. As probably everyone has heard President Trump’s home Mar-A-Lago was raided by the corrupt FIB.

I like many other Americans, of both political parties by the way, view this as an outrage. How do I know both political parties? Because Arizona state Senator Wendy Rogers posted on GAB that she was hearing from Demoncrats that are, while not equally appalled, are appalled none the less.

No one likes where this country is headed under the Biden crime junta. It is obvious that a vote for a Demoncrat brings a weaponized IRS. 87,000 new IRS agents, nothing for the border or military mind you, but to go after the middle class that elected Donald J. Trump? 87,000 new IRS agents. The total budget for the border patrol is less than just the increase in what the IRS is getting.

Biden Puts IRS Funding Ahead of Military and Border Security

And when I say “weaponized IRS” I mean weaponized. This is from August 1^st of this year.

IRS Stockpiles More Than 5 Million Rounds of Ammunition

Democrats’ Inflation Bill Will Add Agents to an Already Armed IRS – Only Democrats and China Win

So remember that meme that was popular awhile back?

Yep, guess they will be.

But first, they have to take out the Donald.

And so the corrupt Biden, Garland and Wray have descended into 3^rd world banana republic tactics.

They raided Mar-A-Lago.

The excuse was some documents that had been packed up by the GSA. Why do I say excuse? Because the corrupt FIB was just there in June when the Trumps were there and were in the room where they are kept locked up for several hours with the President’s lawyers and went through them. President Trump even stopped by to say hello. But now that the Trumps are in NJ, they find it necessary to “raid” his home.

FBI searched Melania’s wardrobe, spent hours in Trump’s private office during Mar-a-Lago raid

This article is a wealth of information.

The Post has learned that the search warrant used by the FBI to enter the palatial Palm Beach property focused solely on presidential records and evidence of classified information being stored there.

….

The raid by over 30 plain clothes agents from the Southern District of Florida and the FBI’s Washington Field Office extended through the Trump family’s entire 3,000-square-foot private quarters, as well as to a separate office and safe, and a locked basement storage room in which 15 cardboard boxes of material from the White House were stored.

Interesting. The Washington field office. That’s where the lead agent that was in charge of the fake Whitmer kidnapping was promoted to. He’s now in charge of the Washington office. This came out in Sen. Ted Cruz’s grilling of the corrupt Chris Wray. Now I’ve heard theories that Merrick Garland has his panties in a knot because he blames the right for being denied his place on the Supreme Court. Maybe, I don’t know. But I do find it interesting that about 5 days after it comes out the corrupt agent in charge of the Detroit field office and the Whitmer kidnapping is now the corrupt agent in charge of the Washington office and suddenly we have a corrupt raid on President Trump, and Melania’s wardrobe I might add. They think presidential records are kept in her ball gowns? If I were Melania I’d have the whole place fumigated.

Wray admits to Ted Cruz that the FBI special agent in charge of the Detroit field office during the Whitmer kidnapping debacle is now in charge of the DC field office during the J6 investigation. pic.twitter.com/DUsXbBX0Vt

— Greg Price (@greg_price11) August 4, 2022

But back to our raid, the President’s lawyers were forced to stay outside, so who knows what that wiretapping bunch planted. And they were very arrogant as they went places they weren’t allowed to be per the warrant.

Another group of agents, including a professional safe cracker, moved to a separate part of the enormous 1924 Spanish stucco building to search Trump’s office and safe.

The demeanor of the three DOJ lawyers who accompanied the FBI was described by one eyewitness as “arrogant,” and they repeatedly told Trump representatives: “We have full access to everything. We can go everywhere.”

So where did the warrant come from? Who signed off on it? Oh, Jeffrey Epstein’s lawyer!

US Judge in Florida Approved Search Warrant for FBI Raid on Trump’s Resort

(Bruce)Reinhart was a senior prosecutor in the U.S. Attorney’s Office for the Southern District of Florida during the prosecution of late sex offender Jeffrey Epstein. Shortly after a non-prosecution agreement was reached with Epstein, who pleaded guilty to a single state-level charge in exchange for not being prosecuted by federal officials, Reinhart “joined Epstein’s payroll,” according to documents entered by lawyers for women Epstein allegedly abused.

Reinhart, a criminal defense attorney at the time, represented “numerous Epstein employees and pilots” in civil cases filed against Epstein by alleged victims, including Epstein’s housekeeper Louella Ruboyo and pilot Larry Morrison.

“On information and belief, Reinhart’s representation of these individuals was paid, directly or indirectly, by Epstein,” one document says. “Such representations are in contravention of Justice Department regulations and Florida bar rules. Such representations also give, at least, the improper appearance that Reinhart may have attempted to curry with Epstein and then reap his reward through favorable employment.”

Reinhart responded with a motion for sanctions, saying the documents contained “unfounded factual and legal accusations.” He asked for leave to intervene in the case.

But the FIB always fights for “truth, justice and the American way!” Right?

As Jack Posobiec, political commentator and former intelligence officer, points out in his podcast that back in the Viet Nam era no one trusted the FIB and the government. We have a national security state in charge of our government. The FIB & CIA are the 4^th branch, the operations arm of the administrative state. Then he gave a list. It’s worth listening to the podcast. They lied about a lot. Comey, Mueller and many other familiar names have been corrupt for a long time. The “Did you know” part is quite interesting. This episode was called American Stasi.

But let’s see, what happened with some people it sure seems should have been investigated?

Not Raided by FBI: Bidens, Clintons, Russia Hoaxers, Black Lives Matter

FBI raid on Trump compound stands in stark contrast to Clinton treatment years earlier

You would think that the FIB would have a clue how the normal average American would feel about seeing their country turned into a banana republic by a corrupt justice department. You would think that Merrick Garland would have a clue, but hey his son-in-law makes his money selling Critical Race Theory materials to schools and he sicced the FIB on parents calling them terrorists and he got away with that, so guess he’s not worried. And I don’t think they have a clue.

How the FBI’s Raid on Trump’s Mar-a-Lago Was Viewed by Millions of Americans

The message is clear. The government under Democrats hates us, and they will sic federal agencies on Americans who dare to defy the parameters and agenda set by the political class. If half the nation doesn’t feel that justice is blind, that federal law enforcement agencies are professional and impartial, and that law and order is now dependent on party affiliation, then the stability of our system could be placed in doubt. Democrats have set us on a path toward civil war if they continue with this campaign of overreach under Biden

And now the corrupt BATFE is getting in on the act.

Sinister move by ATF should serve as warning Seems the BATFE now wants addresses for buyers that are delayed!

But as the letter notes, the ATF is demanding contact information for delayed NICS checks.

For the uninitiated, this may make perfect sense. After all, we don’t know if those delayed checks are criminals trying to buy guns or not.

Except, that’s literally not how the law works. A delayed background check is supposed to be treated as a passed check. Further, according to a couple of gun store owners and employees I’ve spoken with, something like 95 percent, at a minimum, of all delayed NICS checks are people with no criminal history. The system just created a delay for some unfathomable reason.

This is bad! The whole DOJ is corrupt. But, I have a practical solution to these problems and more!

Our southern border is a hot mess. When Republicans take control of the house and senate in January all the new IRS agents, who are very well armed, are going to be sent to the border to help secure it. All 87,000 of them. The FIB and the ATF are going to be disbanded in the current form. But I don’t want the good people that have been held hostage by the corruption at the top to be un-employed in the Biden “recovery”. Nope, they will now be tasked with finding all the illegal immigrants in our country. They’re trained for that, right? They will round them up and ship them back to their country of origin. This will save our country millions of dollars! And lastly, fire Merrick Garland, Chris Wray and Steven Dettelbach. Now that will be money well saved, and from the firing of those three we give the border patrol bonuses! See! There are solutions! Follow me for more practical, money saving budgeting ideas.

authoritarian swine, Constitution, gun control, gun grabbers, Law, Politics, Rights, Sellouts and traitors, Terrorism

Why Does The FIB Hate Patriotic Women?

August 5, 2022 Sheila Stokes

So the very confused FIB has put out a bulletin designating certain patriotic symbols and people as indications of “Domestic Terrorism”.

This is far from the first time law enforcement has decided normal patriotic sayings or symbols are a “threat to democracy”, a favorite phrase of the communist Demoncratic party. Anything that doesn’t advance the cause of Communism in their evaluation is a “threat to our democracy”. Apparently the leftist loons never learned in school that we are a Constitutional Republic. A rule of law, not mob rule, which is why they hate the Constitution, among other reasons.

Hop into the way back machine with me, back to 2009. The Missouri Highway Patrol got snookered by the hate group the Southern Poverty Law Center. Not just the MOHP, but the Governor Jay Nixon.

On February 20, 2009, the State of Missouri, via its Department of Public Safety, issued what was called “MIAC Strategic Report: The Modern Militia Movement.” In this report, people who supported Presidential candidates Ron Paul, Bob Barr, and yours truly were referenced as being connected to potentially dangerous “militia members.” But the inference did not stop there. People of conservative ideology were also identified in the State Police report as being potentially dangerous. People who held political opinions opposing abortion, illegal immigration, the New World Order, the North American Union, the Income Tax, the U.N., etc., were profiled in the MIAC report.

Interestingly enough, no left-leaning political ideologies were identified. No Islamic extremists. No environmental extremists. Only people holding “conservative” or “right-wing” philosophies were identified in the MIAC report.

The MIAC report was categorized as “Unclassified/Law Enforcement Sensitive,” meaning the report was intended for law enforcement personnel only. Fortunately, an unidentified (for obvious reasons) Missouri law enforcement officer, who was extremely disturbed by this report, sent a copy to nationally syndicated radio talk show host Alex Jones. Of course, Jones immediately “blew the whistle” on the story. This was on March 11.

Now you know one of the reasons they hate Alex Jones so much. The difference now is while the media followed Jones and brought it out, now it would get the Hunter Xiden treatment. Shhhhhhh.

If we can continue to probe the details of the MIAC report, I am absolutely convinced we will find that this report actually originates with Morris Dees and his ultra-liberal Southern Poverty Law Center. And if my hunch (a very educated hunch, I might add) is correct, it means that the DHS and various State police agencies around the country are allowing a left-wing special interest group to use them to harass, intimidate, and profile people with conservative political opinions.

But now the left-wing special interest group going after conservatives is…the weaponized FIB.

Project Veritas was contacted by a inside whistle blower who spilled the beans on what the FIB now considers “Militia Violent Extremists” or MVEs.

These include such fringe thoughts as the Second Amendment, that shooting unarmed women by a cop who previously left his duty weapon in a bathroom on the toilet is a bad thing. Ashli Babbit. That shooting an unarmed woman holding her baby, Vickie Weaver, is a evil thing. That the flag Betsy Ross labored over is “extremist”. Threepers and Oathkeepers who have broken no laws and have yet to burn down a city are also vilified. As is the Gadsden flag, the Gonzales Battle flag, probably the modern American flag, dang with the FIB probably the only flag they don’t consider “extremist” is the Antifa flag or the Chinese Communist Party flag. While Antifa has burned down cities and decimated neighborhoods they aren’t a violent extremist group according to the FIB. Odd that, isn’t it?

Also considered threats are any mention of the Second Amendment, of course, and the Liberty Tree, and Revolutionary war soldier pictures. No word if the serfs will be allowed to watch “The Patriot” next Independence Day. No word if we’re allowed to use the phrase “Independence Day” yet either.

I’m happy to report however, that Senator Ted Cruz bitch slapped that useless as tits on a boar hog Chris Wray.

“Also on this list is the Gadsden flag as a symbol of violent extremism,” Cruz continued. “Now, the State of Virginia has a license plate with the Gadsden flag — as do many other states,” he said. “I think people would be astonished to find that having that license plate, the FBI indicates that you’re a violent extremist.”

“As a Texan, I was particularly struck,” Cruz added, “by the Gonzales Battle Flag — ‘Come and Take It’ — as indicative of being a violent extremist militia. Well, I will self-report right now that every day in the Senate I wear my boots that have the Gonzalez Battle Flag on the back,” Cruz declared, smacking his boot on the dais.

“Director Wray, what are y’all doing?” Cruz asked. “This makes no sense.”

Cruz ended his statement by asking Wray whether he agreed with the FBI guidance highlighting patriotic, historic American symbols with extremist violence, but the FBI Director could only offer that he wasn’t “familiar” with the document.

Truth be told Sen. Cruz probably should have thrown the boot at Wray, but considering what those boots probably cost I completely forgive him.

And just like Nixon and the head of the Missouri Highway Patrol, useless Wray said he wasn’t familiar with the document. Probably spending so much time looking for Hunter Xiden’s missing laptop no doubt.

And just like was pointed out in the column about the MIAC report:

But Cruz again took Wray to task, pointing out that the FBI chose not to “include things like Antifa… things like Black Lives Matter” and instead “identify patriotic Americans as suspect.”

I have two solutions to this predicament. Wray needs to be fired, at once and the FIB needs to be disbanded. The funds saved could be better used by local law enforcement to hire and train officers, and heaven knows the taxpayers could use the break. We have millions of illegal aliens to support that the FIB is not the least concerned about. But one thing is clear, the FIB is threatened by Patriotic Women, poor Betsy!

authoritarian swine, Constitution, gun control, Law, SCOTUS

“Voluntary”

August 3, 2022 Carl Bussjaeger 8 Comments

Orlando, Florida has a little problem with shootings lately. They have a bigger problem with the Constitution.

Checkpoints. Weapons screening. Metal detectors. On public streets.

Orlando to implement checkpoints downtown after 7 people injured in shooting
In light of the shooting, Dyer said the city will implement checkpoints on weekends. People who want to visit the area of Orange Avenue from Washington to Pine Streets will have to walk through one of six pedestrian checkpoints. This is an example of the city’s most recent controlled access map.

The city said people should expect to see more officers, K9s and metal detectors. There will also be a voluntary weapons screening at the checkpoints.

[…]

While the weapons screening is voluntary, Dyer said he thinks it will make a difference.

“I think if there are people that are carrying weapons and intending to come downtown, they will certainly think twice about that before they do so. I think it’s a deterrent for some people to have to go simply go through a checkpoint,” he said.

Mayor Buddy Dyer tries to rationalize these checkpoints as “voluntary,” but note that he repeatedly stresses that people “have to” go through them.

Where are your warrants, Buddy?

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Or maybe we should look to the Florida constitution.

The right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures, and against the unreasonable interception of private communications by any means, shall not be violated. No warrant shall be issued except upon probable cause, supported by affidavit, particularly describing the place or places to be searched, the person or persons, thing or things to be seized,

Possibly Dyer is confused enough to believe that public streets are some sort of sensitive area, rather like the secured portions of airports accessible through TSA checkpoints and metal detectors.

One word, Buddy: Bruen.

For example, courts can use analogies to “longstanding” “laws forbidding the carrying of firearms in sensitive places such as schools and government buildings” to determine whether modern regulations are constitutionally permissible. Id., at 626. That said, respondents’ attempt to characterize New York’s proper-cause requirement as a “sensitive-place” law lacks merit because there is no historical basis for New York to effectively declare the island of Manhattan a “sensitive place” simply because it is crowded and protected generally by the New York City Police Department.

Mayor Dyer did not respond to a request for comment on the constitutional issues with his plan.

Anybody want to take a trip to Orlando to establish standing to sue?

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

Knock Knock, Avon Calling

August 2, 2022 Sheila Stokes 4 Comments

It seems the Biden junta weaponized alphabet agencies are getting frisky. It seems they feel America is no longer a country ruled by laws but by dictatorial fiat, so they want to prove themselves as big a hero as Lila Morris the DC cop who beat an unconscious Roseanne Boyland to death and was then declared a “hero”. Hmph, must be handing that title out in crackerjacks now like they did Barry Sotero’s “Nobel Peace Prize”, snort, giggle, chuckle guffaw.

So if you ever wondered why states like Missouri passed a Second Amendment Preservation Act that prevents local law enforcement agencies from assisting federal agencies one only needs take a look at some recent activity. I can’t help it if a Senatorial candidate (Greitens) objects to the SAPA because it prevents local law enforcement being roped into the federal abuse of citizens. But hey, it took the guy five years to figure out being a Young Global leader in the WEF was a bad thing, so looking down the road may not be his strong suit.

For evidence I offer Delaware. Oh were you thinking the ATF didn’t have a firearm registry?

In Missouri, the useless biased hack known as Chris Wray decided he would “audit” the records of Missouri concealed carry holders. The Attorney General Eric Schmitt nicely told him to go pound sand. Delicious!! You’ll enjoy reading it.

https://ago.mo.gov/docs/default-source/press-releases/2022-7-13-ltr-fbi.pdf?sfvrsn=5fbbdf7_2

Apparently they were going to try the Avon calling routine in Washington as well as Delaware.

A Washington state sheriff recently advised residents in his county that if agents from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) come to their homes without a search warrant asking to inspect their firearms, they can tell them to leave their property.

Klickitat County Sheriff Bob Songer said in a press statement on Friday that agents are “making surprise home visits of persons who have purchased two or more firearms at one time. To my knowledge, these ATF visits have not occurred in Washington State yet.”

Sheriff Songer told The Washington Times he became concerned about the Second Amendment rights of the residents of Klickitat County after viewing a doorbell video that showed a firearms owner who ATF agents coerced, without a warrant, to inspect his firearms.

And as our Bear recently pointed out, ATF COPYING A&D BOOKS

Damned right it’s illegal. The “no registry/database” was the “compromise” that FOPA gave us when we lost new machine guns.

Here’s the thing, the alphabet agencies think they are above the law. The law doesn’t apply to them. They enjoy inflicting fear and pain on innocent citizens but when it comes to them…..well then. I found this very enlightening. The behavior of the agent is despicable, he was terrorizing an innocent woman at home with her children. I believe it was the landlord that came over and thanked the police.

The video is 15:38 long, and probably worth watching every bit of it. The comments under the video are pretty interesting as well. They do go talk to the scared woman who called the police in the first place.

In my humble opinion this is how all these interactions should be handled. Poor lady, poor kids. But rockin’ awesome police officers standing up for the scared innocent citizens.

The alphabets, they do love their power.

With the betrayal of Joe Manchin, again, friends don’t ever vote Demoncrat, there are going to be some changes. Even if they say they’re moderate, or support ________ they will have to tow the Demoncrat party line. Which these days is somewhere around Stalin on the scale. But back to the changes, people making under $200,000 a year are going to have a tiny little increase in their taxes despite the liar in chief’s promises.

The energy and health care deal from Sens. Joe Manchin and Chuck Schumer would raise taxes on millions of Americans earning less than $400,000 annually, Senate Republicans say, citing nonpartisan data.

The Congressional Joint Committee on Taxation found that taxes would jump by $16.7 billion on American taxpayers making less than $200,000 in 2023 and raise another $14.1 billion on taxpayers who make between $200,000 and $500,000.

During the 10-year window, the average tax rate would go up for most income categories, the Senate GOP said, citing the data from the joint committee. And by 2031, new energy credits and subsidies would have people earning less than $400,000 pay as much as two-thirds of the additional tax revenue collected that year, the release said.

WOWZA! That’s a lot of money! Now regular citizens when their household spending increase due to a fraudulent communist being placed in office who issues a lot of illegal executive orders, well they have to trim the budget somewhere else. Like, less eating out, no movies, maybe even cut off the cable #FakeNews to make ends meet. So since we are now supporting millions of illegal aliens, with more pouring across the boarder daily I think the federal government needs to trim their burden on the taxpayer…now where oh where I wonder could we trim. Would we miss the alphabets if the went away? Would it be so bad if parents could go to school board meeting unmolested? If law abiding citizens could feel secure in their homes? Wouldn’t it be nice if someone at the door who said they were Avon calling, really was Avon? If Hunter Biden knew there wasn’t anyone covering for him and “the big guy” any longer? Hmm, maybe just leave law-enforcement to the local professional officers that answer to their citizens? I dunno, but it’s a thought. Don’t like that one? Ok, hows about every single politician or un-elected bureaucrat (CDC I’m looking at you) that pushes gun control no longer has tax payer funded security? They get to live like the little people they are trying to deprive of their most effective self-defense tool? Certainly that should save some money! And with the Biden junta spending more money in Ukraine, who will send it back to corrupt politicians, we need to start these effective cost cutting measures at once! No time to waste! Like yesterday! Follow me for more simple, practical budgeting tips…

But the upshot, say no to tyranny. Very catchy tune by the way!

Courts, Law, Rights, SCOTUS

It Begins

July 29, 2022 Carl Bussjaeger

Bruen is rolling downhill to lower courts.

In California even. A state court.

The People of the State of California v. Tony Diaz. Diaz was busted for carrying an unregistered handgun without a license. The court cited Bruen and tossed the charges. The state is allowed to file an amended complaint, and — it being California — I assume they will.

At the time of defendant’s arrest California provided one legal means by which an individual could exercise their right to public carry- to get a license under section 26150. That path was unconstitutional. According to Shuttlesworth, faced with an unconstitutional restriction on his constitutional right, defendant was free to engage “with impunity in the exercise of the right. .. ”

The Court does not relish the conclusion reached here and understands its ramifications. But this result cannot be avoided in light of Bruen and Shuttlesworth and the arguments presented by the parties.

The demurrer is SUSTAINED. The People may attempt to remedy the complaint by filing an amended complaint within ten calendar days of the issuance of this order.(§ 1007.) If an amended complaint is not timely filed, the case will be dismissed.

When even California has to take note, we’ve started down the path to freedom again.

authoritarian swine, Constitution, Courts, gun control, gun grabbers, Law, Rights, SCOTUS

Gun Courts And Constitutionality

July 27, 2022 Carl Bussjaeger 2 Comments

I ran across an opinion column advocating for a ban of semiautomatic weapons — all of them; not just “assault weapons” — that raised the usual bogus points: The Second Amendment is not an individual right, the National Guard is the militia, no defensive usefulness, and so on.

I could address so many points in that column, but one truly stands above the others.

Why all semi-automatic weapons must be banned on a national basis
“The Constitution expressly allows Congress the right and authority to dictate the jurisdiction of the federal courts. To make sure the will of a majority of U.S. citizens are implemented, Congress could remove from the jurisdiction of the federal courts the ability to rule on the constitutionality of a ban of semi-automatic weapons (similar to the removal of jurisdiction over habeas corpus during the Civil War).”

The author, Bob Reid, is, according to the mini-bio, an attorney who has practiced for 46 years, working on “both state and federal constitutional issues.” That makes his bizarre claim even more incomprehensible.

I have studied the Constitution for decades but that provision still eludes me.

Article III, Section 1.
“The judicial Power of the United States, shall be vested in one supreme Court…”
Section 2.
“The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution…” (emphasis added)

That would appear to assign jurisdiction over determinations of constitutionality to the courts. As for the suspension of habeas corpus as a pseudo-precedent for limiting the power of the Supreme Court, specifically delegated to the Courts by the Constitution…

Article I, Section 9
“The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in cases of rebellion or invasion the public Safety may require it.” (emphasis added)

Is Reid seriously proposing that Congress declare war (Article I, Section 8, Clause 11) on the people of the United States, as a means of suspending the Constitution?

And, frankly, citing Lincoln’s abuses of that suspension to imprison his judicial and press critics is bad enough; but the more recent suspension of habeas corpus used for the WW2 internment of thousands of Japanese-American families — including children — is hardly something I would use as justification for more constitutional abuses.

I wrote to Reid, to ask him to cite the constitutional provision which allows this proposed limitation on the Supreme Court. He surprised me by responding.

The Constitution lays out the original jurisdiction of the Supreme Court, but relegates to Congress the unrestricted right to create the judiciary under the Supreme Court, which it has done by creating District Courts and Courts of Appeal. Under this power, Congress can clearly dictate what kind of cases these lower courts can consider (and has exercised this power in the past). If the lower courts are not granted jurisdiction over certain subject matters, and the issue is not part of the Supreme Court’s original jurisdiction, the matter could not make its way to the Supreme Court.

He completely ignores the Article III assignment of jurisdiction for all federal courts, Supreme and inferior, and pretends to find it in the power to institute lower courts. I believe Mr. Reid, apparently primarily a tax attorney, is confusing Article I Tribunals with Article III Courts, and forgetting that tribunals are still “inferior to the supreme Court, just as Article III courts are “such inferior Courts.”

Tribunals are specialized “courts” that Congress can — and has — created for special limited purposes, “administrative courts” such as “tax court.” They are limited in their scope and power compared to Article III Courts.

In theory, Congress could create an ATF “gun court” tribunal responsible for ruling on GCA and NFA charges. But that tribunal — once again — is still “inferior to the Supreme Court” and its rulings would still be subject to Supreme Court review. That means The Supreme Court can still determine whether the tribunal’s acts, and the laws it enforces, are constitutional.

I hope Reid is better at tax law than he is at constitutional law.

He did have one other innovation for his ban; one that avoids the need for a few million door-kicking confiscators (and body bags for them).

These prohibitions should be coupled with a national buy-back program of semi-automatic weapons, but the refusal to sell these weapons or magazines to the government would not itself be a crime. Rather, if a crime is committed using a prohibited weapon or magazine, the owner or immediate seller of such a weapon or magazine would be equally liable for any crime committed with such weapon or magazine, regardless of who pulled the trigger.

So it’s a not a ban. But the criminal use of a semiauto would be a crime.

Hint, Mr.Reid. It already is.

authoritarian swine, gun grabbers, Law

ATF Copying A&D Books

July 26, 2022 Carl Bussjaeger 2 Comments

“ATF auditor illegally recording an FFL’s A&D books“

With video.

No registry? Here’s our ATF auditor copying every single page of our A&D books with her cell phone camera using an app that reads text. This data includes make, model, serial number, buyer’s name and address, and even the seller. We have over 20 minutes of footage of this happening in our shop in public view. Yes, this is illegal.

Damned right it’s illegal. The “no registry/database” was the “compromise” that FOPA gave us when we lost new machineguns.

It was compromise the feds could afford to make, since they had no intention of obeying the law anyway.

Oh, and note that Twitter’s censors hid the video behind a “The following media includes potentially sensitive content” warning.

Originally posted at Bear Bussjaeger. Cross-posted because this needs all the visibility it can get.

"News Media", authoritarian swine, Bump-Fire, gun control, guns, Law, Media, So Much Stupid!

“Soviet Levels Of Propaganda”

July 26, 2022 Carl Bussjaeger 2 Comments

Welcome to the party, pal.

Biden Administration Accused of Gaslighting Nation with ‘Soviet Level Propaganda’ After Attempting to Redefine Recession
The White House is being accused of gaslighting the American people with “Soviet levels of propaganda” as Biden officials attempt to change the definition of recession amid economic data that shows the United States is entering into a recession.

A recession is traditionally defined as two consecutive quarters of economic decline.

Who cares what traditional definitions are when you’re a statist thug grabbing more power? This may be new to The Georgia Star News, but it’s business as usual for gun owners.

Open-bolt semiautomatics became machineguns, except when they didn’t.

Fingers became triggers and bump-stocks became machineguns. Hell’s bells, they even redefined “volitional” (not to mention magically finding the very word in the law that doesn’t actually include it).

Rubber bands may or may not be machineguns; they’ll know it when they see it.

Braces were braces, until they became stocks and pistols became rifles, and paper weights became firearms.

Hey, remember when the ATF also decided that airsoft guns are machineguns, too? Honestly, what isn’t a machinegun anymore? Well, shoestrings for now; although they were, until the ATF revoked that determination after a few years of ridicule.

Wall hooks are machineguns. And pictures.

That’s not even a complete listing. The ATF — unelected, unaccountable bureaucrats — routinely reinterpret/redefine/just-plain-“find” laws every time somebody invents something that the elected legislators didn’t think of: orthogonal rifling, slide/frame semiautos, and more.

A federal judge decided magazines are firearms.

Some of us, who bothered to notice, have been warning for years of the dangers of unelected bureaucrats changing definitions to suit themselves and enslave Americans.

"News Media", gun control, gun grabbers, Law, So Much Stupid!

Idiots All Around?

July 21, 2022 Carl Bussjaeger 1 Comment

The latest Dimwit attempt to pass a federal “assault weapon” ban just passed in committee. And none of the swamp critters seem to know what’s in it, if this article is to be believed.

‘That’s The Point’: Rep. Nadler Admits Bill Will Confiscate Guns In ‘Common Use’
Republican North Carolina Rep. Dan Bishop asked House Democrats if they dispute the fact that the proposed legislation H.R. 1808, titled “Assault Weapons Ban of 2021,” bans firearms in “common use” throughout the country.

“Would anyone on the other side dispute that this bill would ban weapons that are in common use in the United States today?” Bishop asked.

“That’s the point of the bill,” Nadler replied.

If banning these common firearms is the point, someone seriously screwed up. As introduced, HR 1808 — not yet amended — doesn’t ban any existing firearm.

“(v) (1) It shall be unlawful for a person to import, sell, manufacture, transfer, or possess, in or affecting interstate or foreign commerce, a semiautomatic assault weapon.

“(2) Paragraph (1) shall not apply to the possession, sale, or transfer of any semiautomatic assault weapon otherwise lawfully possessed under Federal law on the date of enactment of the Assault Weapons Ban of 2021.

It bans transfers and importation of future firearms and magazines. But it — semi-wisely — doesn’t touch existing items. The only mention of confiscation or seizure is (“d) Seizure And Forfeiture Of Large Capacity Ammunition Feeding Devices;” again, that’s new “high capacity” magazines.

Or possibly the congresscritters do understand this, and it’s only the Daily Caller that doesn’t grasp the difference between a future “ban” and “confiscate.”

Hint: One would merely piss off a lot of people, while the other would get a lot of cops killed. I think even some Dims get that, which is why mandated confiscation, seizure, or surrender of arms is nowhere in the bill. Yet.

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

Prevailing Tyrants

July 19, 2022 Carl Bussjaeger 3 Comments

If you are a gun owner in California, get out.

David Codrea pointed out something very interesting in California’s SB 1327. This is the new law allowing private parties to sue gun dealers and manufacturers.

This bill would create a private right of action for any person against any person who, within this state, (1) manufactures or causes to be manufactured, distributes, transports, or imports into the state, or causes to be distributed or transported or imported into the state, keeps for sale or offers or exposes for sale, or gives or lends any firearm lacking a serial number required by law, assault weapon, or .50 BMG rifle; (2) purchases, sells, offers to sell, or transfers ownership of any firearm precursor part that is not a federally regulated firearm precursor part; or (3) is a licensed firearms dealer and sells, supplies, delivers, or gives possession or control of a firearm to any person under 21 years of age, all subject to certain exceptions, as specified. The bill would make these provisions inoperative upon invalidation of a specified law in Texas, and would repeal its provisions on January 1 of the following year.

I’m sure you knew about that, but bad as it looks, it’s far worse. We begin with this.

1021.11. (a) Notwithstanding any other law, any person, including an entity, attorney, or law firm, who seeks declaratory or injunctive relief to prevent this state, a political subdivision, a governmental entity or public official in this state, or a person in this state from enforcing any statute, ordinance, rule, regulation, or any other type of law that regulates or restricts firearms, or that represents any litigant seeking that relief, is jointly and severally liable to pay the attorney’s fees and costs of the prevailing party.

That looks fairly standard: Loser pays winner’s legal expenses. But there’s a catch. If you challenge any state or local gun control law…

(e) Any person, including an entity, attorney, or law firm, who seeks declaratory or injunctive relief as described in subdivision (a), shall not be deemed a prevailing party under this section or any other provision of this chapter.

One more time: Any person, including an entity, attorney, or law firm, who seeks declaratory or injunctive relief from [any statute, ordinance, rule, regulation, or any other type of law that regulates or restricts firearms] shall not be deemed a prevailing party under this section or any other provision of this chapter.

They’ve preemptively declared themselves the winners. By law. In any challenge to any victim-disarmament law.

I’d be interested in hearing what more attorneys think. I’m fairly sure this violate the heck out of the First, Second, Sixth, and Seventh Amendments.

Added: I realized that I was assuming readers would understand some details. That may not always be the case, so I’ll break it down for those who don’t make a hobby of law.

Under this sickening provision, you could still challenge a victim-disarmament law. But, and it’s a big but, you cannot ask the judge for “declaratory or injunctive relief.”

“Declaratory or injunctive relief” means you’re asking the judge to declare that the law is clearly wrong (declaratory), or that it’s likely the law is wrong and temporarily halts enforcement while the trial is underway (injunctive). If you are challenging a magazine ban, for instance, you would want “declaratory or injunctive relief” because you don’t want to have to destroys your magazines while you wait to see if you win your suit (prevail). Of course you want relief.

But now, if you ask for it, you automatically lose, and you’re automatically on the hook for the government’s legal expenses. If you want to win, you cannot ask for a hold on enforcement. You’ll have to get rid of your magazines or face arrest, and buy replacements after you win your case.

Maybe mags are no big deal to you. But what if you were challenging a law that affected something more expensive? Maybe California banned your entire collection of three thousand dollar rifles? Give ’em up, if you want even a chance of “prevailing.”

That’s a hell of an up-front “legal expense,” or as Mark Smith outs it, a “poll tax.”

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