Category Archives: Law

authoritarian swine, gun control, Law, Rights, Sellouts and traitors, Violence-Enabling Victim Disarmers

Senate Victim Disarmament Coming

June 12, 2022 Carl Bussjaeger 1 Comment

In a show of bipartisanship gang rape Republicans are already capitulating on Second Amendment rights.

As expected.

Dim Senator Chris Murphy ran down the list of new, planned infringements in a Twitter thread.

Major funding to help states pass and implement crisis intervention orders (red flag laws) that will allow law enforcement to temporarily take dangerous weapons away from people who pose a danger to others or themselves.

State-level due process violations, instead of federal. This is actually fairly clever for semi-sapient Senators; a single federal red flag law could be challenged once and done. Fifty laws in fifty different jurisdictions will tie up more of pro-rights people’s and groups’ time and money.

Billions in new funding for mental health and school safety, including money for the national build out of community mental health clinics.

Will those clinics be facilities where the dangerously mental ill can be institutionalized, and get real help, instead of handing out Bluetooth headsets and letting them wander the streets?

Close the “boyfriend loophole”, so that no domestic abuser – a spouse OR a serious dating partner – can buy a gun if they are convicted of abuse against their partner.

I’ll need to see the actual bill language, but that’s essentially expanded ex post facto re-sentencing for misdemeanor convictions. While these idiot senators are patting themselves on their backs, prosecutors are likley to see that — mandatory ex post facto life sentences — as something a plea deal-breaker.

First ever federal law against gun trafficking and straw purchasing.

First ever?

18 U.S. Code § 922 – Unlawful acts

(a)It shall be unlawful—
(1)for any person—
(A)except a licensed importer, licensed manufacturer, or licensed dealer, to engage in the business of importing, manufacturing, or dealing in firearms, or in the course of such business to ship, transport, or receive any firearm in interstate or foreign commerce; or

And if straw purchases aren’t illegal, how the heck was this woman convicted for straw purchases?

Enhanced background check for under 21 gun buyers and a short pause to conduct the check. Young buyers can get the gun only after the enhanced check is completed.

Reportedly that mean opening up juvenile criminal records to searches. But… either the entire NICS gets the addition, or dealers will have to make two separate check calls if a customer is under 21. Plus a waiting period. Any bets on which they decide is more efficient?

Clarification of the laws regarding who needs to register as a licensed gun dealer, to make sure all truly commercial sellers are doing background checks.

“Clarification” would nice. We’ve only been asking for that since the Clinton administration. But the devil is in the details: “all truly commercial sellers.”

All commercial seller already have to be licensed; see 18 U.S. Code § 922 above. Rather than clarification, this is going to be redefinition, setting a new number of sales threshold, and I’d be willing to bet that it will include what were private sellers at gun shows.

Or worse. In recent years, I’ve seen multiple state-level attempts to redfine “commercial sale.”

“We ask them to increase the background check system to expand it to cover commercial sales – that’s gun shows, online sales, anytime an individual is selling to a stranger,” says Goddard.

In Virginia a person who does not have an FFL can buy and sell guns at gun shows and from their own homes. They can advertize the availability of guns via the internet at specialist site such as Armslist.com and many others. They can even advertize the availability of guns via local newspapers etc.

These treacherous turncoats claim to have ten Republicans on board with this already; enough to invoke cloture and pass these bills. So we’re looking at the end of lawful private sales.

My unduly elected Senators are Dims who brag on this stuff. But if your Senators might be reachable, contact them to let them know what you think. At the very least, you can explain how unwelcome they’ll be back home should this stuff pass.

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

Media Responsibility Or Gun Responsibility?

June 9, 2022 Carl Bussjaeger 2 Comments

Devarrick Turner, a Gannett “Multimedia Entertainment Journalist” deigns to lecture more knowledgeable Americans on the alleged difference between “gun responsibility” vs. “gun control.”

Mass shootings spark debate over ‘gun responsibility’ vs. ‘gun control.’ Here’s the difference
Opponents believe strict gun laws infringe upon their Second Amendment right to bear arms. Some Second Amendment supporters — like actor Matthew McConaughey, whose hometown is Uvalde — are now using the term gun responsibility instead of gun control.

responsibility: 1: the quality or state of being responsible: such as
a: moral, legal, or mental accountability
b: RELIABILITY, TRUSTWORTHINESS

Since individuals are already legally responsible for the criminal misuse of firearms, however obtained or possessed, I can only assume that Turner wants to legislate morality. That rarely turns out well, since three people can barely agree on what is moral all the time.

Mandatory background checks for gun purchases, including at private sales and gun shows, which current federal law does not require.

Private sales, no matter the location, do not require background checks, and never have. Why, after 246 years is this suddenly a problem?

Commercial sales at gun shows have required background checks for more than two decades. How did the oh-so-knowledgeable Turner miss this minor fact?

“Red flag” laws that temporarily seize firearms from individuals who have been may be a danger to themselves or others. These must be court-ordered and due process must be applied to assess the individual and the alleged threat.

5 CFR § 732.301; TRUAX, 1921; and GOLDBERG v. KELLY, 1970 require due process that allows the accused a hearing before an action against the accused to be taken. Can Mr. Turner specify which enacted “red flag” law gives the accused a hearing before firearms are seized?

Implement a national waiting period for assault rifles purchases.

According to the ATF, it currently takes five months to process an application for an assault rifle. How much longer does Turner propose that buyer wait?

I suspect that Turner’s apparent confusion is based in ignorance of what an assault rifle is.

Raise the age limit to buy AR-15 rifles (gun often used in mass shootings) from 18 to 21.

How does Turner define “often used”? I can only find one mass shooting in which Colt AR-15s were used: Mandalay Bay, in Las Vegas, Nevada.

It’s true that I found many other claims of AR-15s being used, but like the Orlando nightclub shooting (SIG MCX), those usually prove to be some other weapon. Handguns are used in most mass shootings. Federal law already requires one to be 21yo to purchase those from a dealer.

But if the minimum age to purchases rifles in raised to 21, how will Turner reconcile that with MILLER, 1939 and 10 U.S. Code § 246 which require those 17 to 45 to possess arms in common military use.

Laws that require safe storing protocols and safety training to increase responsible gun ownership.

Outside of urban areas, Georgia residents, for instance, commonly keep firearms ready to deal with snakes and other wildlife. In urban environments they are kept to deal with criminal wildlife. How will you compensate those people for their loss of safety? We encounter one of those “legislating morality” issues here: I do not consider it moral to force honest folks to lock up their defensive tools. “Safe storage” kills.

There is also the matter of ensuring compliance with “safe storage” laws. How is that to be done? Does Turner propose door to door searches of homes for firearms, and charges for those found not to be stored in compliance with whatever arbitrary rules he wants?

Or will Turner require owners to admit, when reporting a lost or stolen firearm, that gun was not “safely stored?” I think that would run afoul of HAYNES restrictions on self-incrimination.

Before pushing to regulate morality, Turner would do well to educate himself on current laws, and what exactly firearms are. To do otherwise might seem… irresponsible.

[Turner was asked to comment before publication. He did not respond.]

"News Media", authoritarian swine, Culture, genocide, gun control, gun grabbers, guns, Law, mindset, Politics, resistance, Schools and campuses, self defense, Sellouts and traitors, Violence-Enabling Victim Disarmers, Voting

A Picture Is Worth A Thousand Words

June 9, 2022 Sheila Stokes 3 Comments

I’ve heard it said a picture is worth a thousand words, so this is going to be a really really long column! There have been all kinds of pity memes going around lately, many of them dealing with citizen control and on Fakebook and other social media sites people are sharing and swapping them around like baseball trading cards. Back when there was baseball…and trading cards worth trading.

So here we go, I have a few, very few for me links I am putting in to relevant stories that in my mind apply to the meme.

We shall start with what set off the latest round of calls for citizen control. The Uvalde killer who has been labeled in the corporate (biased) media as “bullied”. As per usual, they have it bass akwards.

Teen Who Knew Uvalde Shooter Drops Bomb About Him

HE was the bully, and pro-tip? Anyone, and I mean anyone, who walks around with a bag of dead cats he’s beaten to death is not normal. This is why we have animal cruelty laws.

Texas School Shooter’s Grandfather Says He Barely Spoke to His Grandson Who Lived w/ Him https://rumble.com/v16883j-texas-school-shooters-grandfather-says-he-barely-spoke-to-his-grandson-who-.html

Now does this sound normal to you? And that was a really nice truck his grandma had as well. Looked very expensive. I feel very sorry for her, she tried to help the kid and he shot her then stole her really nice truck.

I have other questions.

How DID the shooter get all that gear? He had a minimum wage job.

So now the hue and cry to get rid of “assault weapons”.

You say potato, I say potato, it’s the same rifle.

But it seems that our (in their minds) rulers have inconsistent ideas about who lawful gun owners should be. For instance, take Ukraine.

U.S. Senate approves aid to Ukraine, blocks aid to small businesses on same day

Oh, well, good to see where the priorities of American politicians are, right? Because they aren’t with U.S.!

Then you have exceedingly stupid politicians and even dumber talking heads on the corporate (Pfizer sponsored) media yammering on about how The Second Amendment was never meant to include modern weapons. And that might be a fun column to do in the near future. But for now, WWGWS

What would George Washington say?

Fine

So then there is the talk about mandatory buy backs and confiscation. Doesn’t it seem odd a burgler is pushing to have law-abiding citizens disarmed? It’s almost like he wants to make it a “safer work environment”…for criminals.

And about trusting the government to keep us safe? HAHAHAHAHAHAAHHAAHHAHAHAHA and more.

But if it’s really really about preventing death…

But since I want to end this column on a happy note:

And this is around 12,464 words! In two pages.

authoritarian swine, Courts, gun control, Law, SCOTUS

Fourth Circuit Didn’t get The Memo

June 7, 2022 Carl Bussjaeger 2 Comments

I’m not sure why The Gun Feed just picked up this 2017 story. But so long as they have, let’s look at some judicial stupidity. It never hurts to be ready to argue the next — inevitable — infringement case.

Assault Weapons Not Protected by Second Amendment, Federal Appeals Court Rules
“Put simply, we have no power to extend Second Amendment protections to weapons of war,” Judge Robert King wrote for the court, adding that the Supreme Court’s decision in District of Columbia v. Heller explicitly excluded such coverage.

First, the assertion that HELLER “explicitly excluded” Second Amendment protection of “assault weapons” is such a gross misstatement of the decision that I can only consider King’s claim to be a blatant, intentional lie.

If it is indeed the case, as the District believes, that the number of guns contributes to the number of gun-related crimes, accidents, and deaths, then, although there may be less restrictive, less effective substitutes for an outright ban, there is no less restrictive equivalent of an outright ban.

HELLER found that less restrictive measures than an outright ban must be considered. Note especially that HELLER overturned the District’s outright ban on handguns. For the terminally clueless, they’re were specifying strict scrutiny.

At least dissenting Judge William Traxler got it.

“For a law-abiding citizen who, for whatever reason, chooses to protect his home with a semi-automatic rifle instead of a semi-automatic handgun, Maryland’s law clearly imposes a significant burden on the exercise of the right to arm oneself at home, and it should at least be subject to strict scrutiny review before it is allowed to stand.”

Yes; strict scrutiny, to weigh whether any lesser restriction than an outright ban would suffice to meet the government’s alleged interest.

But let us turn our attention to the other factor that King and the Fourth missed.

“Weapons of war” are the only class of weapons that the US Supreme Court HAS ruled to be specifically protected by the Second Amendment.

MILLER, 1939
The signification attributed to the term Militia appears from the debates in the Convention, the history and legislation of Colonies and States, and the writings of approved commentators. These show plainly enough that the Militia comprised all males physically capable of acting in concert for the common defense. ‘A body of citizens enrolled for military discipline.’ And further, that ordinarily when called for service these men were expected to appear bearing arms supplied by themselves and of the kind in common use at the time.

Required. And “common use” — note that the short-barreled shotgun test in question in MILLER specified common military use, not sporting use — would seem to apply to 20 MILLION AR-pattern weapons of the sort this very Court called “weapons of war.”

Common, militia-suitable arms.

It appears to me that ten injustices on the Fourth Circuit needed to be impeached; for sheer incompetence, if not outright malfeasance.

authoritarian swine, gun control, gun grabbers, Law, Politics, So Much Stupid!

Jackson-Lee Has A Little Correlation Issue

June 1, 2022 Carl Bussjaeger 7 Comments

Texas Congresscritter Sheila Jackson-Lee is generally good for entertaining stupidity, and this is no exception.

Jackson Lee: There Was ‘Seismic Increase of Carnage Across America Using Automatic Weapons’ after Assault Weapons Ban Expired
Jackson Lee said, “I have committed, over the years, having introduced bills dealing with the ban on assault weapons post-2004, as you well know, Ayman, that’s when it ended. And we saw the seismic increase of carnage across America using automatic weapons. And in the instance of Buffalo and the instance of Uvalde, having gone there on Sunday, meeting with and just listening to the sheer desperation of families and children. That was an AR-15 as well.”

I’m sure even the most casual TZP reader caught the main problem, but let me take this a point at a time.

I’ll start with that skyrocketing use of “automatic weapons, known legally as machineguns. Happily for us, TZP tracks machinegun use, so the data I want is readily available.

Right off, I hope you noticed that machinegun use is pretty darned rare. The next thing to notice is that prior to the misnomered “assault weapon ban” (it banned zero existing firearms) in 1994, there had been ONE reported machinegun use since 1981.

Next, note that after the “AWB” expired in 2004 there… huh, zero machine uses for the next 13 years.

That doesn’t look like much of a correlation between the AWB expiration and automatic weapon use. But do take a look between those red lines indicating when the AWB was in effect.

Three machinegun uses.

Lessee… virtually no machinegun uses prior to the ban, a “jump” (kinda statistically meaningless really, seeing as how small the samples are) during the ban, and a drop to nonexistent use once the ban expired. If I suffered a traumatic brain injury and turned into a Dimocrat, I’d probably think that the “assault weapon ban” caused machinegun use.

Heck, if I were a Dimocrat, I’d probably think the AWB caused machineguns.

But on to the point that probably had folks muttering before all that. I had recently had cause to revisit the “Assault Weapon Ban” of 1994. It didn’t address automatic weapons — machineguns — at all.

It shall be unlawful for a person to manufacture, transfer, or possess a semiautomatic assault weapon.

Machinegun use “increased” (though it didn’t) post-AWB? Jackson-Lee might as well have noted that US egg production increased post-AWB. At least that actually happened. But showing a cause and effect relation between the two might be a little difficult.

But Jackson-Lee’s real point is in that final sentence.

That was an AR-15 as well.

It was actually a Daniel Defense DDM4, not a Colt AR-15 (how many people realize that “AR-15” is a registered trademark of Colt?), but we understand that she’s attempting to “smear” all AR-pattern rifles as “automatic weapons”…

Just as Josh Sugarmann intended

“The weapons’ menacing looks, coupled with the public’s confusion over fully automatic machine guns versus semi-automatic assault weapons—anything that looks like a machine gun is assumed to be a machine gun—can only increase the chance of public support for restrictions on these weapons.”

The lie lives on. Along with this classic repeated by Jackson-Lee.

So, there’s a gathering around recognizing that assault weapons kill. They killed 19 children and two teachers.”

The known psycho wielding the rifle (singular) killed those people, with a rifle.

100+ million people with tens of millions of AR-pattern firearms DID NOT.

But blame the 0.000005% of inanimate objects for the actions of <0.000001% of gun owners.

Action, Culture, defense of others, duty, Elsewhere, genocide, hatred of Jews, Israel, Jewish history, Law, Political philosophy, Rights, self defense

The Power of One, Yom Yerushaylim and Memorial Day

May 30, 2022 Sheila Stokes 3 Comments

One person, what can just one person do?

If you’re border patrol agent Jacob Albarado, you can borrow a shotgun from the barber who is giving you a haircut and go save your wife and daughter who are being held hostage at Uvalde’s Robb elementary school. And you’ll be saving a whole lot of other people in the process as well.

If you’re Sheriff Grady Judd of Polk County, you spend time keeping your county safe and crime free and then training others to protect school children. It’s interesting that after the FL legislators passed a bill putting additional safety measures in place that Broward County, home of Marjorie Stoneman Douglas, was the last school to put them in place. But Sheriff Judd speaks straightforward, and hopefully his flame will light many candles.

If you’re one woman with a pistol at a party in Charleston W.Va. you can save many lives.

And these are all amazing things, G-d can use any person anywhere to accomplish a miracle. But sometimes the miracles are so earth shattering, so ground breaking that normal sane humans can’t help but see the hand of G-d.

The 28^th of Iyar (this year 29^th May) we celebrate Yom Yerushaylim, Jerusalem day celebrating the reunification of Jerusalem in 1967. This was a miracle straight from the hand of G-d. While it cost much in the way of lives, the cost was far less than anticipated.

This is a really good backstory video with lots of excellent footage and maps showing the areas involved. It’s under 10 minutes. It opens with the famous words from Mordechai (Motta) Gur “”הר הבית בידינו The Temple mount is in our hands! Every time I hear that tears well up and sometimes they run down. Only G-d. If you’re one person and you’re Motta Gur? Well then. And it has horses in it.

One person? If you’re only one person and you’re Rabbi Shlomo Goren, you can capture Hevron with your driver. But he must have had angels riding with him after having blown his shofar on the Temple Mount, eh? If you’re only one person and you’re Rabbi Goren, amazing!

So after all that time, all that fighting all the loss of life, to regain the site of the Holy Temples, the place where G-d chose for his temples and you’re Moshe Dayan? Well, then you give it away.

Dayan’s first act on the Temple Mount, only a few hours after IDF Chief Rabbi Shlomo Goren blew the shofar and gave the Shehecheyanu blessing beside the Western Wall, was to immediately remove the Israeli flag that the paratroopers had raised on the mount.

Dayan’s second act was to clear out the paratroop company that was supposed to remain permanently stationed in the northern part of the mount. Dayan rejected the insistent pleas of the head of Central Command, Uzi Narkiss, who tried to prevent him from taking this measure. Narkiss reminded Dayan that Jordan, too, had stationed a military contingent on the mount to maintain order, and that long ago the Romans had done the same, deploying a garrison force in the Antonia Fortress that Herod had built near the mount. But Dayan was not persuaded. He told Narkiss that it seemed to him the place would have to be left in the hands of the Muslim guards.

Better to be Uzi Narkiss. Uzi may not have gotten it done, but he tried. But even for him, it wasn’t about G-d or religion, more culture or tradition I guess.

But Dayan wasn’t done.

Dayan, just a few hours after his first public announcement to the Israeli people about the holy places and particularly the Temple Mount, succinctly stated: “We have returned to the holiest of our places, never to be parted from them again….We did not come to conquer the sacred sites of others or to restrict their religious rights, but rather to ensure the integrity of the city and to live in it with others in fraternity.”

Typical leftist thinking. If we play nice, others will play nice with us.

Dayan’s most significant act on the Temple Mount, which sparked controversy over the years and was widely criticized, was to forbid Jewish prayer and worship there, unlike the arrangements that emerged at the Machpelah Cave in Hebron where there is also a functioning mosque.7 Dayan decided to leave the mount and its management in the hands of the Muslim Wakf, while at the same time insisting that Jews would be able to visit it (but not pray at it!) without restriction. Dayan thought, and years later even committed the thought to writing, that since for Muslims the mount is a “Muslim prayer mosque” while for Jews it is no more than “a historical site of commemoration of the past…one should not hinder the Arabs from behaving there as they now do.”

Because for him it was no more than a historical site, Dayan was a Kibbutznik, born and raised on a communist Kibbutz. His parents were not religious, he wasn’t and his children weren’t. For him that’s all it was. And when people lack G-d, and a relationship with the creator it keeps them from seeing the true beauty and value in the things G-d inspired or created himself. And that’s how Dayan came off the tracks.

It’s why we have people now that don’t see the beauty in the differences in men and women, how the two can compliment each other. It’s why people can’t comprehend that while there are viruses, he also put things out there that can cure them other than worshipping at the alter of the Golden Fauxi with his golden needle. At least I believe that.

In freedom people are allowed to have different opinions and freely debate idea.

But like Moshe Dayan, children today aren’t taught to recognize things of value, like freedom. Freedom of speech, freedom of religion and freedom to defend yourself and your family, freedom from medical tyranny. Those freedoms come from G-d. And if you don’t believe or accept there is a creator of the universe? Well, then.

G-d miraculously reunited Jerusalem, in his way, at his time. Which at the time looked like the tiny baby state of Israel was bound for destruction.

I pray he will unite our country, but not at the expense of freedom. Not because the bat rabid left have won the battle. I pray that he send Moshiach now, yesterday.

You see, I believe Moshe Dayan’s decision has consequences that affect our world even today. I can not help but wonder, had he not committed his act of idiocy, in my humble opinion, how different would our world be today?

Yeshayahu – Isaiah – Chapter 56

….

5 “I will give them in My house and in My walls a place and a name, better than sons and daughters; an everlasting name I will give him, which will not be discontinued.

6 And the foreigners who join with the Lord to serve Him and to love the name of the Lord, to be His servants, everyone who observes the Sabbath from profaning it and who holds fast to My covenant.

7 I will bring them to My holy mount, and I will cause them to rejoice in My house of prayer, their burnt offerings and their sacrifices shall be acceptable upon My altar, for My house shall be called a house of prayer for all peoples.

8 So says the Lord God, Who gathers in the dispersed of Israel, I will yet gather others to him, together with his gathered ones.

We are all just one person, but sometimes one person is enough. Sometimes many of the “just one persons” unite together, and I can not help but believe when we unite together to be a force of good, G-d will bless our efforts. But whether working alone or with others, be a force for good. May many people the world over wake up to the knowledge of G-d.

Israel and America, countless battles and whether it was the Battle of Bunker Hill or the Battle of Ammunition Hill, we can not let the sacrifices have been for nothing. Teach your children what they won’t learn in school,teach them to appreciate living in a moral G-dly country. And may both return to that soon.

This is well worth a few minutes of your time. A tip of my Stetson to fellow writer, Y.B.

https://www.prageru.com/video/the-fallen-soldier

authoritarian swine, Courts, gun control, Law, Political philosophy, Politics, spirit of rebellion

So You Want To Repeal The Second Amendment

May 29, 2022 Carl Bussjaeger 17 Comments

Jabba the Hutt Michael Moore thinks it’s time to repeal the Second Amendment.

“Who will say on this network or any other network in the next few days, ‘It’s time to repeal the Second Amendment?’”

Bad idea, Lardo Calrissian.

You can’t repeal the Second Amendment, any more than you can repeal any of the other nine. It was a package deal, you see, an absolute prerequisite to ratifying the main body of the Constitution. Repeal one, you repeal them all. Do that, and you repeal the whole Constitution — and with it, any legal authority that the government has to exist (let alone repeal the Second Amendment).
— Alexander Hope

That comes from chapter five of Hope, by Aaron Zelman and L. Neil Smith. The style makes me think that particular passage was penned by Neil (and it seems like he had a stand-alone essay to the same effect), but I don’t believe Aaron would have let that go into their co-authored novel unless he agreed with it.

As a casual student of history, who has read much about the ratification of the Constitution, I also agree.

Lose one, lose them all. Lose it all.

I suspect that Moore, and most Dims currently in DC — and far too many Repugnicans, as well — would be happy to lose the few remaining Constitutional limits on their power. They don’t particularly care about “legal authority;” just power.

The problem is… if our wanna-be tyrants are no longer restrained by that pesky Constitution, neither are the people.

The people pissed off at senseless bans, and illegal ballot drop boxes, might just decide that turning to constitutionally-enabled courts — who already defecate on individual rights at the slightest provocation — really isn’t necessary.

Voting out scumbags, and voting in new replacement scumbags who promise to use KY while screwing us? Why bother with that discarded constitutional process? Wouldn’t high-velocity lead be cheaper and faster? Not to mention proactively educating would-be replacements.

Court-blessed “constitutional” takings of property? Get rid of the Constitution and former property owners might resort to ex-constitutional re-takings, enforced with ropes and lamp posts.

Lose one, lose them all. Moore himself might want to consider the ramifications of chucking his First Amendment protections to defame folks for a buck. The people might decide, lacking that lost constitutional recourse, to go bowling for lying documentarians.

Get rid of the Constitution, and the people’s pretend recourse… and they might stop pretending they do.

Maybe the tyrants will be counting on the out-numbered police to prop up their post-Constitution regime. How many officers would continue to be willing to do that once they’ve lost “constitutional” sovereign immunity, and the people know it?

Perhaps the Constitution has only been an illusory paper restraint on government. But it has been a potent symbolic restraint on the people, preventing them from eliminating abusive politicians and government agents out of hand. I do not truly comprehend the willingness — nay, the eagerness of the Left to go there, to surrender that protection, given the likely consequences.

We’d be starting from scratch, with new rules written by the survivors.

authoritarian swine, gun control, Humor, Law, Politics, So Much Stupid!, You can't fix stupid

If Only Someone Regulated Firearms

May 26, 2022 Carl Bussjaeger 8 Comments

I mentioned this on my personal blog yesterday, but I think the utter stupidity of Texas Rep. Escobar deserves more attention. This is jaw-dropping.

Dem Rep. Escobar: We Regulate Tobacco, Alcohol, Roadways — ‘Guns Should Be No Different’
Wednesday on MSNBC’s “José Díaz-Balart Reports,” Rep. Veronica Escobar (D-TX) doubled down on her call for guns to be regulated much like tobacco, alcohol, and roadways in the wake of the shooting at a Texas elementary school that left 19 children dead.

As I said yesterday…

There’s this little known agency called the Bureau of Alcohol, Tobacco, Firearms, and Explosives that regulates alcohol, tobacco, FIREARMS, and explosives, you effin’ ditz.

And what minuscule number of laws and regs might they they be enforcing in regards to firearms (in addition to the alcohol and tobacco they regulate)?

And all that is just a sampling of sections in Chapter 44. There’s always 26 U.S. Code § 5845, for another single example.

Then there’s the regulations in the Code of Federal Regulations; pages and pages and pages and…

That’s only at the federal level, Escobar. I suppose it’ll come as a shock to your tiny, ill-informed — yet somehow still legislating — pseudo-mind that every state, territory, federal district, civilian and military installation has their own additional.

Individual counties, cities, and towns pile on their own laws and regulations.

I think we may have just a few regulations on guns.

If you wish to contact Dimwit Escobar, to explain the statutory and regulatory facts of life to, you can contact her office HERE. Be aware that Escobar is one of those tyrannical types who likes to vote on national legislation, but is grossly afraid of national feedback. Her contact form requires you to enter a ZIP+4 within her district to pass “Go.”

79901-1443 should work, for those of you affected by her idiocy but not resident in her district.

Have fun.

Courts, gun control, Law, SCOTUS

No-Due Process Red Flags Fine, Because…

May 25, 2022 Carl Bussjaeger 1 Comment

Suspension without pay?

Buffalo shooting: Extreme risk protection orders could help stop Ohio mass killings| Rogers
There is a statutory remedy that can authorize preventive actions against warned mass shootings: extreme risk protection order laws. They allow law enforcement and sometimes family members to petition a court for an emergency order to deprive the dangerous individual of access to guns.

“Red flag” laws. Everyone’s — especially this alleged Yale graduate, past attorney, and adjunct law professor — favorite due process deprivation to stop something that might happen, maybe, sometime.

But at least Douglas Rogers tries to back up his claim with case law.

Sort of. Specifically…

There is no legal prohibition against extreme risk protection orders.

The Supreme Court “has recognized, on many occasions, that where a state must act quickly, or where it would be impractical to provide pre-deprivation process, post-deprivation process satisfies the requirements of the Due Process Clause.

That sounds definite, eh? Take a closer look. Rogers didn’t actually cite the case from which he’s quoting, but it didn’t take much of a search to find that language in Gilbert v. Homar, 520 U.S. 924 (1997). SCOTUS found:

In the circumstances here, the State did not violate due process by failing to provide notice and a hearing before suspending a tenured public employee without pay. Pp. 928-936.

Wait. Suspension without pay is on an equal level with confiscation of property (firearms)?

Look at some facts of the case:

“respondent was arrested by state police and charged with a drug felony.”

Sufficient evidence to support probable cause to believe that a crime had been committed.

“Petitioners, ESU officials, suspended him without pay, effective immediately, pending their own investigation.”

Suspended without pay. Not fired, not fined. Based on a probable cause arrest.

Compare that to the typical “red flag” “extreme risk” order”

A complaint that someone might pose a threat in the future. Not an allegation that a crime had been committed.

Property, in the form of firearms, is taken.

As the Court noted, suspension without pay based on a probable cause arrest was a temporary inconvenience; no money was taken, just new payments suspended (for a period when the respondent wouldn’t be working to earn that pay).

A red flag confiscation order, based on a a wild guess rather than a committed crime, results in the taking of property. More specifically, it’s the taking of constitutionally-protected — Second Amendment — property, without due process.

I’m seeing some significant differences between the scenarios, Rogers. Perhaps a better SCOTUS citation on the actual taking of property would be Truax v. Corrigan (1921);

“The due process clause requires that every man shall have the protection of his day in court, and the benefit of the general law, a law which hears before it condemns” […] “a law which operates to make lawful such a wrong as is described in plaintiff’s complaint deprives the owner of the business and the premises of his property without due process and cannot be held valid”. (emphasis added)

Hearing first, then taking.

I fear for the clients of attorneys taught by this former adjunct law professor.

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authoritarian swine, gun control, Law, mindset, self defense, Violence-Enabling Victim Disarmers

New York Mayor Adams Has A Problem

May 24, 2022 Carl Bussjaeger 1 Comment

He thinks it’s a problem with those lawfully carrying firearms.

If you are allowing people to carry guns, the good guys are no longer able to be distinguished from the bad guys because if you have a bad day, and you have a gun, that bad day can elevate to an argument.

There’s a tendency that people believe if they got a gun, ‘Why have it, if I’m not using it?’ That’s just the mindset of carrying a gun.

The problem here isn’t honest folks carrying guns. It’s Mayor Adams,

Adams believes that carrying a gun for defense means you’re suddenly going to snap, to start shooting because you’re having a bad day.

That’s called projection, Eric.

Projection is the process of displacing one’s feelings onto a different person, animal, or object. The term is most commonly used to describe defensive projection—attributing one’s own unacceptable urges to another.

Here’s a reality check, Mayor; cash it:

Those people who go to the trouble of lawfully carrying a firearm for defense rarely “snap.” Based on personal experience, conversations with other carriers, reading, and firearms classes, the opposite is the case.

We aren’t carrying because we hope to kill someone. If I can make it through my life without ever having to do that, I’d be happy.

Because we know from education and training that actually firing a gun anywhere but a range, or hunting, can bring down a load of legal and moral pain, we are more likely to attempt to deescalate a situation, rather than default to Kill ’em all; let G-d sort ’em out.

We carry defensively because we value life, even that of a scumbag… up to the point that such a creature forces us to prioritize one life over his.

I’ve been carrying firearms, professionally and personally, for over forty years. Not once have I ever thought He’s annoying me. I have a gun. Why not just put the bastard out of my misery?

I have been in situations where the thought Oh please don’t make me draw has gone through my mind.

But Mayor Adams seems incapable of that mindset, or even granting that someone else might have that I-don’t-want-to-shoot-anyone mindset.

That appears to leave Adams with the Oh, g-d; I’m gonna kill someone mindset. He knows it, and assumes everyone else is like himself.

On an intellectual level, I’m curious as to how he can live with that sort of self-loathing. But, really, I don’t want those sort of destructive — of self and others — thoughts in my head.

I suppose this is why people like Adams can support no-due process “red flag” laws, and other forms of victim disarmament. They know damned well that they themselves should probably be red-flagged and disarmed. For cause.