A Trump judge in Kansas ruled that the Second Amendment invalidates criminal charges against a defendant charged with illegally possessing a machine gun. The case is United States v. Morgan.
Judge John Broomes’s decision in Morgan is obviously wrong, even under the Supreme Court’s most aggressively pro-gun opinion, which Broomes relied on heavily.
…
This chaos is likely to continue until Bruen is overruled. The history and tradition test announced in the case provides lower court judges with no meaningful guidance on which gun laws are constitutional. And Bruen allows judges who are determined to reach pro-gun conclusions no matter what the consequences to strike down virtually any gun law — which may explain Broomes’s decision in the Morgan case.
I find it very telling that Millhiser says the decision is obviously wrong but doesn’t bother to explain it to those of us, including federal judges, he apparently thinks are too stupid to figure it out on our own. I would especially enjoy seeing him tap dance around the U.S. v. Miller decision on the topic of machine guns.
He also is either stupid, ignorant and/or deliberately lying when he fails to mention that in both Heller and Bruen SCOTUS said the 2nd Amendment text has already taken into account any balancing of interests. The “consequences” he is concerned about cannot be considered in determining whether a law is unconstitutional or not.
In last night’s three-on-one debate the ABC News moderators used misleading crime data from the FBI to ‘fact check’
@realDonaldTrump. The reality is that Trump (as he usually is) was right – crime is not down – it is up, way up. Kamala Harris and her willing accomplices in the mainstream media would have you believe that violent crime in America is at a 50-year low, a narrative eagerly parroted by so-called fact-checkers at Politifact and now ABC News. The reality, however, is far from what they claim. The only thing at a 50-year low is the integrity of violent crime data. Less than a year after taking office, Biden-Harris’s administration had the FBI dismantle the long-standing crime reporting system, replacing it in 2021 with a new, ‘woke’ system that is optional for state and local law enforcement agencies to use. As a result, at least 6,000 law enforcement agencies aren’t providing data, meaning that 25% of the country’s crime data is not captured by the FBI. This deliberate underreporting skews the statistics, painting a falsely optimistic picture of public safety while real Americans continue to suffer from rising crime rates.
Democrat-controlled cities from New York to San Francisco have effectively decriminalized violent crime. For instance, in New York City, 52% of violent felony cases are downgraded to misdemeanors, and offenders are typically offered diversion agreements that keep these offenses out of crime statistics. This manipulation alone could account for a 50% or more drop in reported violent crimes in the Big Apple. Across the country, Soros-backed prosecutors are refusing to prosecute violent criminals or downgrading their charges in record numbers. This systematic underreporting and leniency are tactics used by Democrats to create a misleading narrative about public safety, while communities continue to suffer from unchecked crime. It’s not far-fetched to imagine that the Biden-Harris regime and the Democrats replaced the FBI’s universal crime data system with a new optional system to fabricate this massive decrease in ‘reported’ crime. The move raises serious questions about their motives and the integrity of the data. Of course, the Democrats will argue that the new system is more inclusive, allowing law enforcement agencies to record pronouns and gender identities, including transgender and nonbinary, as well as the sexual preferences of both criminals and victims. The timing and optional nature of the new system suggest an ulterior motive: to obscure the real rise in crime and present a false narrative of improvement under Democratic leadership.
Additionally, we know that the 70 Soros-backed prosecutors, representing 72 million Americans and half of the nation’s 50 most populous cities and counties, have made it their mission to implement so-called restorative justice. This approach often means refusing to prosecute violent criminals based on factors such as race and gender identity. The few criminals they do prosecute almost always have their violent felonies downgraded to misdemeanors. Both of these realities—the new optional reporting system and the restorative justice efforts—have led to violent crime data that fails to reflect the true state of our communities since 2021. These manipulations distort public perception and allow Democrats to promote a false sense of security. National polls reveal that most Americans believe crime has increased significantly over the past four years. The situation is even more dire in large Democrat-controlled cities, where almost all residents report a massive surge in crime. Most residents even report that they or someone in their family has been a victim of crime. Take Chicago, for example. Every weekend, approximately 70 people are shot. The crisis has escalated to such an extent that the mayor recently canceled the city’s contract with a company that detects and reports gunfire. There are so many gunshots in Chicago that police can only respond if someone is actually hit by a bullet. New York City is similarly experiencing a huge spike in robberies and assaults, often occurring in broad daylight. The situation became so severe this year that the governor had to deploy National Guard troops to the NYC subway system to deter criminals. Before District Attorney Alvin Bragg and Attorney General Letitia James took office, these violent crimes would have been prosecuted as felonies. Now, if they are prosecuted at all, they are often downgraded to misdemeanors with diversion deals. There is also ample evidence that the FBI and the Biden-Harris regime are simply cooking the books. Watch Jesse Waters expose what he calls Enron-style corruption in their crime reporting. The next time someone tries to tell you that Biden and Harris have reduced crime to its lowest levels in 50 years, let them know the truth. It’s easy to claim a decrease in crime when you leave out data from 25% of the population living in major cities like Los Angeles and New York City. The reality is, these omissions paint a misleading picture of the state of crime in America. Don’t let them gaslight you with manipulated statistics. Demand full transparency and accountability in crime reporting to get the real story.
Candidate Harris and her co-conspirators claim crime is at a 50-year and the gun control she and Biden implemented are responsible for this. That Biden and Harris are responsible for the violent crime rate is at least partially true. But it is not something to be proud of.
‘Tim Walz and I are both gun owners. We’re not taking anybody’s guns away. So stop with the continuous lying about this stuff,’ she said during the debate with former President Donald Trump.
Did you hear that? She is one of us! Yay!!!!
But, of course, the way you can tell she is lying is that her lips are moving. From the same article:
During the 2020 Democratic presidential primary, Harris proposed a series of gun control policies, even backing a controversial government-run mandatory gun buyback program.
She detailed her position in an MSNBC forum on gun safety in October 2019.
‘We have to have a buyback program, and I support a mandatory gun buyback program,’ she said.
Harris warned there were already estimates of up to 10 million assault weapons in the United States.
‘We’re going to have to have smart public policy that’s about taking those off the streets, but doing it the right way,’ she said.
“Mandatory gun buyback”? She can’t “buyback” something she didn’t sell us. Of course, the phrase really means they will take our tax money at gun point, give some of it back it to us as an inadequate payment for the guns they are forcibly taking from us and will then tell us we should be thankful they gave us some of our money back.
Hey, Gwen. You and your husband picked June 4th, the day of Tiananmen Square Massacre, as your wedding day and went to Tiananmen Square for your wedding anniversary.
Don’t pretend that you don’t know what a tyrannical government can do to a disarmed population!!
You want to eradicate our Constitutional right to bear arms. You are a Communist and a threat to our Republic!!!
I’d tell her to, “Stack up and do it!” But the account doesn’t exist anymore. Perhaps she tried taking someone’s gun and found out the hard way that is a life altering decision.
Don’t ever let anyone get away with telling you no one wants to take your guns.
I am reminded that my brother purchased his first gun, a brand new .357 Magnum revolver, at a grocery store in Moscow, Idaho.
I also remember when guns were sold in the Sears, Roebuck and Company catalog and would be delivered via the U.S. Postal Service. I do not remember anyone buying a gun from the catalog, but I remember seeing the guns in the catalogs. At that time machine guns were also available.
The violent crime rate must have been out of control, right?
Here is the US violent crime rate by year from 1960 to 2008 (via Copilot, I don’t know why it would not produce data for any years past 2008):
The Gun Control Act of 1968 ended mail order sales of guns. That really put a dent in the violent crime rate, huh? And how about that “assault weapon ban” from 1994 to 2004? Yeah baby! That was some good lawmaking there.
I look forward to the return of the state of gun laws prior to not just 1968, but 1934. As I have stated before, my goal is to have machine gun shooting sports in high schools in less than ten nine years.
“Law enforcement cannot do this alone. We need to engage software developers, technology experts and leaders in the 3-D-printing industry to identify solutions in this fight.
Not an acceptable answer? How about, “HELL NO! And screw you and the horse you came in on.”
In a few years machines guns are going to be legal. Even if it were practical to stop the 3-D printing of machine gun parts, which it is not, the successful convictions they make will be thrown out after the law gets ruled unconstitutional.
The ATF has been shooting dogs and innocent people in their war on guns of decades now. And most of those laws they have been using as excuses for their abuses are being declared unconstitutional. If the federal prosecutors are looking for something to do, they should be prosecuting the thugs in the ATF.
Gun clubs are becoming the new bingo halls for seniors. They’re places to meet friends, learn new skills, and swap stories. Who knew that gun oil could be the new smell of friendship? These clubs often organize social events beyond shooting, creating tight-knit communities for older adults.
It is a little over the top, but that appeals to my inclination to rub the noses of anti-gun people in a different view of things.
We are going to make the case to the American public that he [Biden] is wrong, anti-gun liberals are wrong, and that the right to self-defense is fundamental to every law-abiding American.
A lot of people foolishly believe that the gun control movement’s motivation is a misguided but good faith desire to stop criminal violence.
While that’s true of some people who have been personally affected by gun-related crime, for the party leaders and financiers of the left, it’s not really true. If stopping crime were the big concern, they wouldn’t embrace so many policies that quickly release violent criminals back into society.
Criminal violence isn’t the real target, the fact that broad gun ownership is a check on the erosion of other liberties is. What is happening in the UK and Brazil right now is much harder to do in the US. Millions being armed is a major deterrent to it.
Everything the modern American Democrat party does makes sense when you realize the goal is to turn us into docile and harmless western europeans.
I am gun owner with many hours of range and tactical practice and a concealed carry license. You do not need an automatic weapon to hunt. Or to “protect” yourself. Stfu, you impotent crybaby losers. I’m sorry about your small weiners.
They are sorry about something that doesn’t exist? There is something quite fitting about that. I’m sorry their account doesn’t exist either. It makes further mocking difficult and less effective.
Incredibly, only about 8% of violent crimes [reported and unreported] in those cities result in someone being arrested. Only 1% of property crimes, both reported and unreported, result in arrests. These are just mind-boggling numbers. When criminals have a 92% chance of not being arrested, prosecuted or convicted, they don’t fear the consequences of committing more crimes.
The irony is that, as Biden refuses to criticize these district attorneys who are refusing to prosecute violent criminals, he also wants to make it more difficult and costly for law-abiding citizens to be able to protect themselves.
Criminals have a 99% chance of getting away with property crimes. It is almost as if the politicians are communists and believe these criminals are their natural allies against property owners.
Well I decided you guys are very annoying so I’m hoping you will leave. I hope #HarrisWalz2024 win I hope they win the House and the Senate and pass huge gun reforms and get someone to go from door to door and take all of the guns and we can be like the UK and you will only have knives to defend yourselves with.
It will be awesome.
I will be dreaming about it.
Terry Posts ❤️💛💚💙 @Tplusthree Posted on X (and here) August 23, 2024
Just keep on hoping and dreaming Terry. That’s all you are going to get because we are doing things like winning court cases, teaching new people to shoot, and stocking up on ammo and guns.
A halfpinion looks at either the costs or benefits of a plan but not both.
Gaza residents were brainwashed to have a halfpinion about how to deal with Israel. October 7th was them getting the “benefit” too many of the residents wanted.
Now they are experiencing the “cost” side.
America has this same halfpinion disease. That’s why our national debt will turn us into Gaza fairly soon.
Kamala Harris says, if elected president, she’ll use executive action to confiscate guns if Congress doesn’t act within the first 100 days of her administration pic.twitter.com/nHa605TUy8
I don’t know how things will turn out. I see too many paths depending on too many variables to make any kind of prediction or to have a significant influence. I have resigned myself to giving whatever nudge I can in the direction of fair and just trials for the perpetrators. But mass psychology being what it is, and the thin veneer of rationality our species has means that is likely a low probability outcome.
Almost 30 years ago (I think it was the summer of 1996) Alan Gottlieb invited me to bring my family to dinner at his place with his family. It was a very special evening. Our kids were near the same age has his and I learned a lot of behind-the-scenes stuff from Alan and Julianne. One of the things that stuck with me was that Alan’s college major was nuclear engineering.
He told me of the history of the Citizens Committee for the Right to Keep and Bear Arms and the Second Amendment Foundation. Also, it was a member of the Microsoft Gun Club (now, The Gun Club at Microsoft) who registered the domain names saf.org and ccrkba.org before most people knew the Internet existed. He gave the domain to Alan’s organizations when it was time to bring their message to the web.
Now, today, the Second Amendment Foundation is 50 years old.
Today, Monday, Aug. 26, marks 50 years of the Second Amendment Foundation’s (SAF) unwavering commitment to defend, secure and restore the Second Amendment rights vital to the defense of liberty.
From a landmark victory at the United States Supreme Court to triumphs in state courthouses, SAF has scored numerous successes in the past half century, including the all-too-important McDonald v. City of Chicago decision handed down by the Supreme Court in 2010. SAF’s win in McDonald has been critical to the fight against modern gun control, as it paved the way for legal action against states and municipalities for violations of the Second Amendment.
“The goal when I created SAF was to get a case all the way to the Supreme Court,” said SAF founder and Executive Vice President Alan M. Gottlieb. “We did that in 2010, and that momentum hasn’t stopped. SAF has been part of more than 260 lawsuits since our founding and we currently have more than 55 active cases across the nation. This includes one case – Garland v. Vanderstok – that will be argued before the Supreme Court in October.”
Although SAF has won numerous critical pro-Second Amendment cases since 1974, the organization has shown no signs of slowing down. In fact, in 2022 SAF brought on board a new Executive Director – practicing attorney Adam Kraut – to lead the organization into the next half-century.
“When Alan started SAF 50 years ago, he laid out a comprehensive vision to fight for our right to keep and bear arms,” Kraut said. “Over time, he and those who joined him built a solid organizational foundation that was effective in winning where it matters. I think we continued to build on that foundation and have a tremendous team to lead the organization into the next 50 years. I’m looking forward to the challenge of continuing to build on the work Alan started.”
Over the past 50 years, SAF has been at the forefront of numerous legal battles, challenging unconstitutional firearms regulations such as “assault weapon” bans, magazine capacity bans, young adult carry laws, “sensitive places” restrictions, red flag laws, prohibited person and many, many more. Through aggressive, strategic litigation, SAF has successfully challenged restrictive gun laws across the nation, dismantling barriers that impede the right to keep and bear arms for all Americans.
It always cracks me up when I come back from the farm to see that a whole bunch of twidiots who substitute guns for their penises have spent the whole day tweeting at me, thinking their comments upset me because they know that people like me will take their precious guns away. 😆
A federal judge has issued a preliminary injunction in favor of the Second Amendment Foundation (SAF) and its partners, challenging California’s prohibition on non-resident concealed carry permits. U.S. District Court Judge Sherilyn Peace Garnett, appointed by President Joe Biden in 2022, partially granted the motion for preliminary injunction, setting the stage for further legal proceedings.
Even a Biden appointed judge admits we have the constitution on our side!