At this point we need a remedy the mirrors the old Section 5 of the Voting Rights Act. CA should not be allowed to pass ANY gun laws unless they are first vetted by a federal judge.
Don Kilmer (@donkilmer)
Tweeted on September 26, 2023
This sounds reasonable to me. And it might be more achievable than criminal prosecutions of the perpetrators.
We also need to FOIA or subpoena any and all documents related to the writing and passage of these laws. If there is intent to deprive people of their rights, file a 1983 claim. If that bears fruit, then demand the feds file 18 USC 242 charges. You might only get a few with that one, like governors, they are chief LEO’s, but it would be a start.
zmunitions @zmunitions1
Tweeted on September 27, 2023
18 USC 242 is one of the laws I reference when I talk about “Enjoy your trial.” I first became aware of 18 USC 241 and 242 in 2003. Off and on I would bring it up, but few people said much about it.
In 2019, at my private urging, Brian K. came up with the #EnjoyYourTrial idea to promote those two laws. I have been using that for over four and a half years now with no apparent traction. I do not recall any public mention of 18 USC 241 or 242 in conjunction with violation of the specific enumerated right to keep and bear arms… until the last 10 days:
While Judge Benitez’s ruling and reasoning were welcomed, it’s frustrating to many on the pro-gun side of the argument that judges continue to link the need for standard capacity magazines solely to domestic crimes. They should also be referring to citizens’ defense against government tyranny should the need ever arise as a justification for such magazines, as well as the possible need by citizens to protect the nation from foreign invasion sometime in the future.
Mark Chesnut
September 22, 2023
Judge Overturns California’s 10-Round Magazine Limit—Again
Agreed. That Overton Window needs to be moved.
IT IS HEREBY ORDERED that:
1. Defendant Attorney General Rob Bonta, and his officers, agents, servants, employees, and attorneys, and those persons in active concert or participation with him, and those duly sworn state peace officers and federal law enforcement officers who gain knowledge of this injunction order, or know of the existence of this injunction order, are enjoined from enforcing California Penal Code § 32310.
2. Defendant Rob Bonta shall provide, by personal service or otherwise, actual notice of this order to all law enforcement personnel who are responsible for implementing or enforcing the enjoined statute.
Roger T. Benitez
United States District Judge
September 22, 2023
Virginia Ducan v. Rob Bonta
This is the 9th Circuit. If upheld on appeal, initially this will affect the standard capacity magazine bans in California. Then, almost immediately, it will be used to attack the bans in Oregon and Washington. This will be is a good start.
- The personal solution is easy. Make sure that someone can shoot back.
- The public solution is time tested. We’ve done it for the last decade, and we’ve never had a school attacked where they had a public program of armed school staff.
- The legal solution is simple. Make property owners responsible when they disarm the people who obey the law. If you stop me from protecting my family, then you become responsible for their safety.
- The media solution is easy as well. Most mass-murderers kill innocent people so the mass-media will show us their face, their name, and their manifesto. Stop giving mass-murderers a multi-million-dollar publicity campaign.
- All that might sound simple, but the political solution is harder. We have to ignore quack cures that have failed in the past.
Rob Morse
September 19, 2023
Can There be Good News About Public Violence?
The public solution is difficult, in part, because most politicians put up a vigorous fight when they are to lose even the smallest amount of power. And having an armed populous seriously shifts the power balance away from them.
The 2nd Amendment is broken and is killing us. #1 cause of death of children and teens. Piecemeal gun safety measures are insufficient, it’s been decades and the death rates are only escalating. It’s time to ban guns. The Constitution has been amended 27 times and it will be again when we finally find our voices, imagination, and courage to protect our kids and ban guns. If we can ban books, Muslims and Black history, we can certainly BAN GUNS.
People said chattel slavery would never be abolished til it was. They said Blacks and women would never have the vote, til they did. They say the 2nd Amendment will never be abolished but we know this, too, is untrue.
meg08520
September 20, 2023
Comment to Biden to create new office of gun violence prevention
Don’t ever let anyone get away with telling you that no one wants to take your guns.
I am appalled that Joe Biden is putting the gun prohibition lobby on the White House payroll. I know that many pro-gun rights members of Congress are working on legislation to prohibit funding for this obnoxious scheme.
I wonder how much of their time will be spent keeping guns out of Hunter Biden’s hands now that he has been indicted on gun charges?
Alan Gottlieb
September 20, 2023
CCRKBA CHAIR ‘APPALLED’ GUN GRABBERS WILL BE ON WHITE HOUSE PAYROLL
For more information about what President Biden is planning read these articles:
I wonder about something different than Gottlieb. I wonder if these people realize being on the government payroll with their jobs being the infringement of specific enumerated rights can be used as evidence at their trials. The same goes for those who vote for such an office.
When they passed Measure 114, Oregon voters made a legislative judgment about the serious and immediate threat that large capacity magazines pose to public safety, and that judgment is entitled to this court’s deference.
Anit Jindal
Representing Oregon Gov. Tina Kotek, Oregon Attorney General Ellen Rosenblum and Oregon State Police Superintendent Casey Codding
September 18, 2023
Oregon judge to decide in new trial whether voter-approved gun control law is constitutional
Interesting. I did not know that a popular vote by a 50.6% majority could override the constitution. That’s good to know.
But I’m sure it will come as a surprise to many in the deep south where opposition to desegregation of the schools would easily pass by popular vote.
And I can hardly wait for some state to ban Christianity and another state to require all people to attend a Christian church at least three days each month and tithe 10% of their income to the church. And don’t forget about required daily testimony of how climate change has affected you, while the neighboring state requires everyone to meet their daily minimum CO2 output to help prevent global cooling. And, of course, being accused of homosexuality is punishable by death without trial in one state and, in another state, all 3rd graders must pass a proficiency test in front of the class of four different homosexual acts in each of five different positions.
The popular vote will be entitled such deference just as is the case with the ban of magazines in common use.
This lawyer really must have crap for brains if they actually believe that claim. I’m thinking it is just another case of the “Big Lie” because no degreed lawyer can be that stupid and/or ignorant.
“The Battle Cuck” posts pics of prosthetic penis replacement…
Jim Joneson @joneson_jim
Tweeted on September 11, 2023
In response to this picture:
It’s not only another Markley’s Law Monday, it is another science denier!
I thought maybe this guy had come up with a unique variation of Markley’s Law with the use of the word “prosthetic”. But, no, that has already been used at least twice. Once in 2013 and again in 2016. So this guy is just one more of those tiresome examples of someone responding to our side having SCOTUS decisions by flinging childish insults.
It would appear that New Mexico Governor Michelle Lujan Grisham’s emergency order banning the carrying of firearms in Albuquerque has had an unintended consequence: Sales in the city’s gun stores are booming.
Melissa Fine
September 16, 2023
‘Busiest day I’ve had in months’: Guns flying off shelves in Albuquerque after gov’s anti-2A move
People buy banned books because they are, or are about to be, banned. The same applies to guns.
In this case the buying more guns in the face of a ban to carry them in public doesn’t make quite as much sense. But maybe they were buying them so they could carry them in public in defiance of their criminal governor.
You would think that a politician capable of getting elected governor would have a better sense of human nature. For someone that opposed to gun ownership one would think she would not engage in behavior that would, obviously, increase gun ownership and public carry. But, yet, she did.
People are strange. Rationality is just a thin veneer over a whirl of emotions. And many people don’t even have that veneer.
The progressive activists who run the DOJ’s Civil Rights Division in Democratic administrations see civil-rights statutes as their license to overhaul the nation’s police departments and other institutions under the guise of “systemic racism.” There is no reason, however, why a Republican administration could not invoke them for their proper purpose — protecting the federal rights of all Americans.
Obviously, Governor Michelle Lujan Grisham (D., N.M.) and her subordinates have conspired to injure, oppress, threaten, and intimidate Americans in New Mexico in the free exercise and enjoyment of their Second Amendment rights. Indeed, her acknowledgment that she expects to be challenged in court underscores both her criminal intent and the fact that the rights she has decided to “suspend” are well established in constitutional law.
Andrew C. McCarthy
Former Chief Asst. U.S. Attorney
September 11, 2023
Why Not Arrest Governor Lujan Grisham . . . Pursuant to the Civil Rights Law the Biden Justice Department Is Using to Prosecute Donald Trump?
The Overton Window is moving.
I hope she and her co-conspirators enjoy their trials.
The BATF has been having a rough time recently in the courts with its attempts to redefine terms already well-defined in the law. But the BSCA gets around that obstacle and opens the door to new regulations that will cost lives.
Banning high school shooting teams and creating a comprehensive national gun registry makes the long game for gun control advocates clear—they are working to eliminate legal gun ownership in America.
John R. Lott, Jr. and Thomas Massie
September 13, 2023
Biden’s Gun Control Law Will Radically Change U.S. Gun Ownership
This isn’t about what Biden wants. This is what Biden achieved with the Bipartisan Safer Communities Act (BSCA). There is more. It is worth the read.
The courts will almost certainly strike down most of it but it will do a lot of damage before that happens.
Lujan Grisham’s diagnosis of the problem is surely correct; her proposed solution, however, is astoundingly misguided. The governor has leveraged an emergency health law to suspend a right protected by state statute, the state constitution, and Supreme Court precedent. Whether that right should exist is beside the point; it does exist in New Mexico today, pursuant not only to court decisions but also democratically enacted laws. By suspending it unilaterally, Lujan Grisham has claimed an alarming new power to revoke well-established individual rights by executive order. And she has done so in the most blundering way possible, ensuring a backlash that will only empower citizens, activists, and politicians who view all firearm restrictions as an existential threat to personal liberty.
Mark Joseph Stern
September 13, 2023
A Democratic Governor’s Public Gun Ban Is Already Backfiring
Stern is no friend of gun owners but he does have a reasonably good grasp of political reality.
In related news:
A federal judge has granted a temporary restraining order in a Second Amendment Foundation challenge of New Mexico Gov. Michelle Lujan Grisham’s Sept. 8 edict suspending the constitutionally-protected right to bear arms, in Albuquerque and surrounding Bernalillo County.
District Judge David H. Urias issued the TRO, which extends to Oct. 3, when a hearing on the preliminary injunction request will be held. The TRO was effective immediately.
The executive order was dropped last Friday, SAF filed a lawsuit and had it blocked in three business days.
Take THAT Governor Grisham!
I still want her prosecuted. But that isn’t a political reality. Yet.
Why do Republicans still fight for their beliefs knowing they will be wiped out, like any other minority group in history? Their beliefs are archaic and improper, so why fight against the advancement of the human species?
You have to wonder… Yes, it is crazy talk. But, it could be Russian or other bad guy trying to stir things up. Or it could be just some troll getting their jollies. But it also has a small chance of being someone sincerely believing what they are saying and not afraid to say, “the quiet part out loud”. Hitler’s Mein Kampf wasn’t taken serious by the majority of people when it was first written either but within a few years the mindset took over a nation.
The panel of judges, which is made up of two Bush nominees and one Trump nominee, asserted that it is inappropriate for President Biden, the U.S. Centers for Disease Control and Prevention (CDC), the FBI, and the surgeon general to exert pressure on social media platforms to remove content they deemed troublesome.
Froilan Bersamina
September 10, 2023
Appeals Court Upholds Louisiana Judge’s Ruling, Affirms Biden Admin Likely Violated First Amendment
I haven’t read the ruling yet but I’m disappointed it doesn’t apply to every representative of all government entities. But, it is a decent start down a long path. Does anyone know, assuming the ruling stands, whether the administration will have to pay reparations for this infringement?
Somewhere on that path I want the courts to issue a similar ruling stating it is inappropriate for a government representatives to exert pressure on gun stores to remove guns and other arms they deem troublesome.
And, of course, gun owners need reparations too.
Via William @Keshtath:
In the Heller decision we find this:
United States v. Miller, 307 U. S. 174, does not limit the right to keep and bear arms to militia purposes, but rather limits the type of weapon to which the right applies to those used by the militia, i.e., those in common use for lawful purposes.
This is where the “common use” test comes from. This test is used by the forces of good to claim standard capacity magazines and semi-automatic firearms are protected from government restrictions.
But yet, there have been some cases where Federal courts have claimed AR-15s and AK-47 do not meet the “common use” test.
24/7 Wall St. has the list of the 50 Most Popular Guns of All Time. The AR-15 comes in at number four and the AK-47 at number 1.
As usual, the anti-gun forces have to lie and cheat to win.
But here’s what I do think. It’s a pretty resounding message.
Michelle Lujan Grisham
New Mexico Governor
September 9, 2023
The above quote was obtained from the video embedded in this tweet:
The Governor of New Mexico has just declared the 1st & 2nd Amendment “does not exist” due to an “emergency.”
Under this legal theory *all* of our “rights” are essentially eliminated.
Watch the most evil & tyrannical 60 seconds you’ve ever heard from a politician: pic.twitter.com/xLpMSTbyi2
— Benny Johnson (@bennyjohnson) September 9, 2023
See also New Mexico governor issues order suspending the right to carry firearms in public across Albuquerque.
It’s interesting to me that she openly admits the order will not be obeyed by the criminals, but it is about “doing something” and sending a message.
Hence, you can believe she knows it is ineffective in the stated goal of making ordinary people safer and she is doing it anyway to “send a message” that she could not have sent by sending a statement to the media. Or her real goal is to infringe upon the rights of hundreds of thousands of people and use the old tired excuse of, “for the children”.
Via Kyle Seraphin @KyleSeraphin:
Via the NRA:
And perhaps one of the most surprising takes on the topic is from David Hogg:
I support gun safety but there is no such thing as a state public health emergency exception to the U.S. Constitution.
Even the anti-gun people realize one of their own has gone too far, too fast.
I assess, that with high probability, Governor Grisham’s order will not last the 30 days she proclaimed it would, Furthermore, with all the people pointing out 18 USC 242 and other legal remedies, she may even be removed from office over this.
She sent a message. The people are sending their own message. Who has the most effecting messaging?
We live in interesting times.
Gun violence is the leading cause of death for kids in the United States. Ending that should be bipartisan. … We should stand on the right side of history.
Anthony Portantino
California state Senator. (D-Burbank)
September 7, 2023
California Democrats approve new taxes on gun and ammunition dealers and manufacturers
I sometimes admire the ability of anti-gun people to pack so many lies into so few words. It takes me far more words to expose his lies than for him to express them:
Whether deliberately through bias or just incompetence, the FBI database of active shooters cannot be trusted,
Gary Mauser
Emeritus professor at Simon Fraser University in Canada
August 2023
Massive errors in FBI’s Active Shooting Reports from 2014-2022 regarding cases where civilians stop attacks: Instead of 4.6%, the correct number is at least 35.7%. In 2022, it is at least 41.3%. Excluding gun-free zones, it averaged over 63.5%.
From reading the article it is abundantly clear the quote above it true. But it really does not go far enough. From Ruby Ridge, to Waco, to the Hillary emails, to the Russian collusion hoax, and almost for certain hundreds of other items of major significance the FBI has proven they cannot be trusted.
From just the evidence in the article, there are numerous people in the FBI that should be prosecuted for conspiring to infringe upon our specific enumerated right to keep and bear arms.