Quote of the day—United States Court of Appeals for the Fourth Circuit

We reject the State’s argument that the Second Amendment does not apply to detachable magazines because magazines are not firearms—that is, detachable magazines do not constitute “bearable” arms that are expressly protected by the Second Amendment. See U.S. Const. amend. II. By Maryland’s logic, the government can circumvent Heller, which established that the State cannot ban handguns kept in the home for self-defense, simply by prohibiting possession of individual components of a handgun, such as the firing pin. But of course, without the ability to actually fire a gun, citizens cannot effectively exercise the right to bear arms. See Jackson v. City of San Francisco, 746 F.3d 953, 967 (9th Cir. 2014) (“The Second Amendment protects ‘arms,’ ‘weapons,’ and ‘firearms’; it does not explicitly protect ammunition. Nevertheless, without bullets, the right to bear arms would be meaningless.”). In our view, “the right to possess firearms for protection implies a corresponding right” to possess component parts necessary to make the firearms operable.

United States Court of Appeals for the Fourth Circuit
February 4, 2016
No. 14-1945; STEPHEN V. KOLBE et al. v. State of Maryland
[It’s nice to find a court that agrees with us and is making clear what we gun rights activists all know to be true and essential.

This answers the ignorant high school kid I quoted yesterday.—Joe]

Quote of the day—Murray Rosenbaum

If you have a single gun and over 50 bullets, you could be a public danger.

The amount of ammunition you would need to keep your home safe from potential thieves and those who would cause you harm wouldn’t be even close to 100 rounds of anything. A single clip is more than enough to be threatening and protective if worse comes to worse.

Murray Rosenbaum
A eighteen-year-old senior at Columbia Prep in NYC
February 3, 2016
Bullet, Not Gun Control
[Children say the cutest things!

But children with crap for brains like this shouldn’t be allowed to vote.

Murray, let me help with your education.

A typical pistol match requires a 100 to 150 rounds.

Last month reloaded, for my own use, just under 2000 rounds. Last year it was 9531 rounds. Later this month I’m taking a class which requires, “2000 rounds of brass-cased FMJ ammunition (minimum)”.

When I took a friend to the range last weekend for a couple hours to teach her how to defend herself she went through about 200 rounds and her education and practice is far from complete. After I get her to a basic competency and comfort level she will probably take this class which requires, “600 rounds of brass-cased, FMJ ammunition (minimum)”. I expect getting her to that level will require another 500 rounds of ammunition.

Murray, you say,

the trick is making bullets more expensive…

I have no doubt there are plenty of other people who would claim that I’m endorsing the destruction of the second amendment. They can say that all they want, but in the end the Constitution says “A well-regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.” but it doesn’t say anything about bullets.

Okay. Then using that same argument I have to conclude you would be unable to find a constitutional problem with a heavy tax on books. The First Amendment says freedom of the press, but doesn’t say anything about you being able to read it. Right?

When practicing I sometimes go through ammunition at the rate of up to five rounds per second. I figure that is about half the speed you can read words. So I propose we tax your use of reading of words at double whatever tax you want to impose on bullets. The number you used as an example in your post figured out to $75 per bullet. So, doing the arithmetic for you just in case your ignorance extends to the area of numbers as well as firearms and constitutional law, that would be a tax of $150 per word.

If you want to inflict a crushing tax on my education and those of others exercising their specific, enumerated, constitutionally protected, rights then you can say all you want, but in the end the constitution doesn’t protect you any more or less than it does me.*

* If you want to claim “books don’t kill people” ask your history instructor about Mein Kampf, The Communist Manifesto, and Chairman Mao’s Little Red Book. Then reevaluate your claim before you engage me on that issue.—Joe]

Quote of the day—Maj. Gen. Robert Scales

Presidential involvement in small arms has been strategic and game-changing in our history. Obama comes along and tells the Army that, in this administration, money is going into small arms to build — not a deadly weapon, not an effective weapon, not a dominant weapon, not a lifesaving weapon, not a technological cutting-edge weapon — but a weapon that prevents accidental discharge. Give me a break.

Maj. Gen. Robert Scales
Former commandant of the U.S. Army War College
January 31, 2016
Obama’s eye-opening order to Pentagon: Make combat weapons safer, not more lethal
[He is doing just what he said he would do. He is fundamentally transforming our country.—Joe]

Quote of the day—Iain Thomson

NSA tiger teams follow a six-stage process when attempting to crack a target, he explained. These are reconnaissance, initial exploitation, establish persistence, install tools, move laterally, and then collect, exfiltrate and exploit the data.

During the reconnaissance phase agents examine a network electronically and, in some cases, physically. They work out who the key personnel are, what email accounts matter, how far the network extends, and maintain constant surveillance until they can find a way in.

Iain Thomson
January 28, 2016
NSA’s top hacking boss explains how to protect your network from his attack squads
[Via Bruce Schneier. See also NSA Hacker Chief Explains How to Keep Him Out of Your System.

Most of this process applies to physical as well as information security. Use this information wisely.—Joe]

Quote of the day—Paige‏ @Trunthepaige

@SnowdenEd @Duck_Hunter7 @orangeblood307 @JoeHuffman Somebody is talking about penises so it must be a gun conversation with anti gun folks.

Paige‏ @Trunthepaige
Tweeted on January 20, 2016
[In a break from the usual Markley’s Law Monday I’m presenting a slightly different view of the theme today.—Joe]

Quote of the day—Claire Wolfe

We should be using email encryption even for sharing our chocolate chip cookie recipes.

Claire Wolfe
January 30, 2016
Weekend links
[I enthusiastically agree because of this:

Given that the NSA has taps on almost all of the internet’s major trunk routes, the PGP records can be incredibly useful. It’s a simple matter to build a script that can identify one PGP user and then track all their contacts to build a journal of their activities.

Even better is the Mujahedeen Secrets encryption system, which was released by the Global Islamic Media Front to allow Al Qaeda supporters to communicate in private. Weaver said that not only was it even harder to use than PGP, but it was a boon for metadata – since almost anyone using it identified themselves as a potential terrorist.

“It’s brilliant!” enthused Weaver. “Whoever it was at the NSA or GCHQ who invented it give them a big Christmas bonus.”

Given all the tools available to the intelligence agencies there’s really no need for an encryption backdoor, he explained. With the NSA’s toolkit of zero-day exploits, and old-day exploits, it’s much easier to root a target’s computer after identifying them from metadata traffic.

The problem is that encryption is a hassle. Until the hassle factor is significantly reduced it’s not going to happen.—Joe]

Quote of the day—David E. Petzal

The forces acting upon the gun industry are Armageddon, for which we are all tooling up, and our Peerless Leader, who has sold more firearms than even Bubba Clinton, and The Horror That Is Hillary, who is lurking in our future like the Wicked Witch of the West.

David E. Petzal
January 25, 2016
SHOT Show 2016, Part I
[Via Caleb who has a much different, but entirely valid, angle on Petzal’s post.

As others have observed, if Obama and his friends want to reduce the number of guns being sold in this country they should resign from politics.—Joe]

Quote of the day—Richard Feldman

In 1994 [when President Clinton introduced a ban on assault weapons] I remember being asked ‘Why do you need these guns?’ My response was ‘Well, I never needed them before, but if the government thinks I shouldn’t be able to own them, I guess I want them now’, and I did go out and buy about 15 of them before the ban.

Richard Feldman
January 26, 2016
How has the US gun lobby been so successful?
[Just like I buy and read banned books I also buy and use banned guns.—Joe]

Quote of the day—Carl Bogus

There had been only three US Supreme Court cases that dealt with the second amendment. They all held that the second amendment was related to militia service [and] granted a collective right, not an individual right. This was considered pretty settled until the 1960s.

They won the war in 2008 in a case called ‘The District of Columbia versus Heller’, when the Supreme Court held for the first time that the second amendment grants an individual right.

The nine justices of the US Supreme Court divided five to four along perfectly ideological lines. The conservatives said it grants an individual right, and the liberals all said, no, it grants a collective right.

Carl Bogus
Professor of Law at Roger Williams University in Rhode Island
January 26, 2016
How has the US gun lobby been so successful?
[Bogus is correct. As a name for this liar that is.

  1. The Bill of Rights, including the Second Amendment, does not grant rights. It protects preexisting rights. Read the words of the Second Amendment. Or read US v Cruikshank, “This is not a right granted by the Constitution. Neither is it in any manner dependent upon that instrument for its existence.”
  2. I can only think of two Supreme Court cases directly addressing the Second Amendment before Heller, one being Cruikshank, and the other is United States v. Miller 59 S.Ct. 816(1939). Neither say anything at all about a “collective right”. Miller is sometimes misunderstood to imply something like that but that interpretation is obviously wrong. Read my comments on that here.
  3. The Heller justices were not divided on the issue of an individual versus collective right in regards to the Second Amendment. The four dissenting justices said, The question presented by this case is not whether the Second Amendment protects a “collective right” or an “individual right.”  Surely it protects a right that can be enforced by individuals.

Anti-gun people lie. It’s in their culture. It’s what they have to do to have any hope of making progress in their battle to eliminate our specific enumerated right to keep and bear arms.—Joe]

Quote of the day—W. Kamau Bell

We could use a President who was, like, “OK. Everybody turn in all your guns tomorrow by 5 p.m. After that, if I catch you with a gun then I’m sending SEAL Team Six to your house with a recent Facebook picture of you and those tanks that shoot fire that we haven’t used since Waco — Ummm — I mean since World War II.”

And let me be clear about something else, gun owners. I want President Obama to want to take your guns away. I don’t trust you with your guns. I don’t trust you to fire them safely. I don’t trust you to store them safely. I don’t trust your kids not to find them. I don’t trust you not to get them stolen.

W. Kamau Bell
January 12, 2016
I want Obama to take away your guns
[H/T to The Writer in Black.

Don’t ever let anyone get away with telling you that no one wants to take your guns.—Joe]

Quote of the day—Azathoth @ArkhamRealty

The 20th C Left had to shoot people en masse to get them to obey.

The 21st C Left plans on using dick jokes.

Azathoth ‏@ArkhamRealty
Tweeted on January 13, 2016
[This is only true because it’s the best the Left has available at this time. If they had the power to murder people en masse they would.—Joe]

Quote of the day—Mr. Fusion

If physicians are unable to, by law, ascertain the mental stability of someone to own a gun in Florida, then the Federal Government should deny everyone in Florida the ability to purchase a gun.

Mr. Fusion
January 10, 2016
Comment to The Absurd Logic Behind Floridas Docs vs. Glocks Law
[What is it with anti-gun people and their obsession with assessing the mental health of gun owners? It is they who demonstrate mental health problems (see also here).—Joe]

Quote of the day—Craig DeLuz

The right to keep and bear arms is not up for popular debate. It’s a constitutionally enumerated civil right.

Craig DeLuz
Firearms Policy Coalition spokesman
January 12, 2016
Gun debate: Californians support more gun control, poll finds
[Technically he is correct. But from a practical standpoint he is wrong. If a large majority wish to hurt us any way they can, as one person in the article said regarding buying ammunition, “Anything that slows the process down, I’m all for,” the local courts will ultimately find some weasel words to allow it. We have to change the culture or we need some very strong rulings from higher courts.

With dwindling percentages of gun owners in the most oppressed states and significant obstacles for bringing new people into our camp changing the culture is probably nearly a lost cause in these areas.

Therefore getting a pro-freedom president in the Whitehouse next January is our do or die battle for states like California, Maryland, New Jersey, New York, etc. Otherwise the Supreme Court will, for all intents and purposes, eviscerate the Heller and McDonald decisions.—Joe]

Quote of the day—Rana Florida

As citizens, we must all take a stand. March, protest, Facebook, Tweet, write your congressman, senators and legislators urging them to ban guns.

Rana Florida
December 15, 2012
Shame on Us, America: Take a Stand and #BanGuns Now
[Don’t ever let anyone get away with telling you that no one wants to take your guns.—Joe]

Quote of the day—Ryan Holiday

There is a reason that the weak are drawn to snark while the strong simply say what they mean. Snark makes the speaker feel strength they know deep down they do not posses. It shields their insecurity and makes them feel like they are in control. Snark is the ideal intellectual position. It can criticize but it cannot be criticized.

Ryan Holiday
Trust Me, I’m Lying: Confessions of a Media Manipulator
[This is a bit of an oversimplification. You can say what you mean, have a strong position, and still be snarky. But in many cases, as exhibited by the endless cases of Markley’s Law, Holiday is absolutely correct.—Joe]

Quote of the day—Hollis Phelps

The mass shootings that plague us, and the daily individual acts of gun violence and death should, however, lead us to make access to guns more difficult. We should, that is, seek to “control” access to them and their use. But even that’s not going far enough. We should get rid of them, that is, ban them. Guns create too many problems, promote too much fear, and lead to too many deaths to not consider banning them. Perhaps they were necessary at some point in our history, but let’s declare that that time has run its course.

Hollis Phelps
December 4, 2015
The Second Amendment must go: We ban lawn darts. It’s time to ban guns
[Don’t ever let anyone get away with telling you no one wants to take your guns.—Joe]