Quote of the day—Roger T. Benitez

The result is that any law-abiding citizen may lose his liberty, and (not ironically) his Second Amendment rights, as a result of exercising his constitutional right to keep and bear arms if the arm falls within the complicated legal definition of an “assault weapon.” If ever the existence of a state statute had a chilling effect on the exercise of a constitutional right, this is it.

Roger T. Benitez
United States District Judge
September 23, 2020
James Miller, et al., v. California Attorney General Xavier Becerra, et al.
[Chilling effect!!

This is awesome! It’s an infringement upon a specific enumerated right if it causes a “chilling effect” upon the exercise of that right. This has long been the case for First Amendment infringement law but it wasn’t until 2018 in Illinois that I saw it applied to a Second Amendment case.

This is paving the highway to throwing out most of the stupid gun laws in this nation. Licensing, gun and gun owner registration, and even background checks could get eventually thrown out if we approach this incrementally.—Joe]

Grass Roots North Carolina has just made your weekend!

John Richardson of No Lawyers – Only Guns and Money has a post  about:

a peaceful demonstration in Raleigh on Saturday starting at 10am outside the Wake County Department of Public Safety.

I won’t be attending but if you live in the area please consider contributing your time.

Update: From the comments…

It’s been cancelled because of civil unrest coupled with the NC law against being armed at a protest. We can’t defend ourselves against the mob if they show up on the first Saturday after the Breonna Taylor grand jury report.

Sean D Sorrentino

Why Carry a Gun?

Via Bobbie Panelli but it can be found many other places as well:

Why Carry a Gun?

My old Grandpa said to me, “Son, there comes a time in every man’s life when he stops bustin’ knuckles and starts bustin’ caps and usually it’s when he becomes too old to take a whipping.

I don’t carry a gun to kill people; I carry a gun to keep from being killed.

I don’t carry a gun because I’m evil; I carry a gun because I have lived long enough to see the evil in the World.

I don’t carry a gun because I hate the government; I carry a gun because I understand the limitations of government.

I don’t carry a gun because I’m angry; I carry a gun so that I don’t have to spend the rest of my life hating myself for failing to be prepared.

I don’t carry a gun because I want to shoot someone; I carry a gun because I want to die at a ripe old age in my bed and not on a sidewalk somewhere tomorrow afternoon.

I don’t carry a gun to make me feel like a man; I carry a gun because men know how to take care of themselves and the ones they love.

I don’t carry a gun because I feel inadequate; I carry a gun because unarmed and facing three armed thugs, I am inadequate.

I don’t carry a gun because I love it; I carry a gun because I love life and the people who make it meaningful to me.

Police protection is an oxymoron: Free citizens must protect themselves because police do not protect you from crime; they just come after something has happened, investigate the crime to see what happened, and then call someone in to clean up the mess.

Personally, I carry a gun because I’m too young to die and too old to take a whoopin’!

Kyle Rittenhouse – The Truth in 11 minutes

Via The Dailywire:

See also this article from yesterday.

There are only a few days left to sign the petition urging the White House to prosecute the district attorneys who charged Rittenhouse. I know it’s unlikely the DAs will prosecuted even if enough signatures are obtained. And I know 99,148 signatures in the remaining days is next to impossible. But, please, sign it anyway.

The more signatures we get the closer we are to normalizing the prosecution of those who use the power of government to implement a terrible injustice. These DAs are clearly attempting to cast a chilling effect upon the specific enumerated right to keep and bear arms. They, and others like them, must face justice. Help normalize the prosecution of these criminals. Sign the petition.

Quote of the day—MTHead

Japan made the same mistake in thinking we could be bullied. They got nuked.
Truth be known. Were just waiting for our wife’s to tell us it’s OK.

MTHead
September 20, 2020
Comment to Quote of the day—Jaime Huffman
[I suspect it’s a little more complicated than that. At least it is for most people. Still, I can see that being a prerequisite. And I would change “wife” to “spouse” if not even broader.—Joe]

Quote of the day—Jaime Huffman

Rip RBG. Just when we thought 2020 couldn’t get more politically charged.

Jaime Huffman
September 18, 2020
Via text message.
[This is how I found out RBG died.

A few minutes later she also sent me a screen shot of Mitch McConnell’s statement on the passing of Justice Ginsburg. Here is the text (emphasis added):

The Senate and the nation mourn the sudden passing of Justice Ruth Bader Ginsburg and the conclusion of her extraordinary American life.

Justice Ginsburg overcame one personal challenge and professional barrier after another. She climbed from a modest Brooklyn upbringing to a seat on our nation’s highest court and into the pages of American history. Justice Ginsburg was thoroughly dedicated to the legal profession and to her 27 years of service on the Supreme Court. Her intelligence and determination earned her respect and admiration throughout the legal world, and indeed throughout the entire nation, which now grieves alongside her family, friends, and colleagues.

***

In the last midterm election before Justice Scalia’s death in 2016, Americans elected a Republican Senate majority because we pledged to check and balance the last days of a lame-duck president’s second term. We kept our promise. Since the 1880s, no Senate has confirmed an opposite-party president’s Supreme Court nominee in a presidential election year.

By contrast, Americans reelected our majority in 2016 and expanded it in 2018 because we pledged to work with President Trump and support his agenda, particularly his outstanding appointments to the federal judiciary. Once again, we will keep our promise.

President Trump’s nominee will receive a vote on the floor of the United States Senate.

“Politically charged” is an understatement. I expect the police and fire departments will soon be earning overtime for the foreseeable future.

I wonder if the list of 20 names of potential Supreme Court nominees President Trump released nine days ago was based on insider knowledge of Justice Ginsburg’s health status.

All is in accordance with prophecy.—Joe]

Quote of the day—Mollie @MZHemingway

The terrifying mob has moved to the book burning phase.

Mollie @MZHemingway
Tweeted on June 6, 2020
[This was in reference The “decolonize your bookshelf” stuff in the QOTD from yesterday.

Also related is the QOTD of Christian Johann Heinrich Heine

Where they have burned books, they will end in burning human beings.

Read the previous link for more thoughts on why this conclusion is more than a coincidence.—Joe]

Quote of the day—Maj Toure @MAJTOURE

Currently, major cities in America are being destroyed by brain dead, low level ZOMBIES.

They think slow, move fast and there’s currently no cure that I’m aware of.

Covid was the spark, extremism is the disease, destruction is its outcome.

We are IN #TheWalkingDead.

Maj Toure @MAJTOURE
Tweeted on August 30, 2020
[I’m a little perplexed by this. His assessment of the infection appears to be acceptably accurate. But Kyle Rittenhouse demonstrated the effectiveness of the traditional cure just the other night.—Joe]

2A First Responders

The Second Amendment Foundation is looking for 2A First Responders volunteers. They have a video advertising for people but it isn’t much more than a tease:

I sent the text message and received a link to the 2A First Responders web page which briefly describes what the program is:

Defending our Second Amendment rights depends on engaged activists like YOU, who are willing to dedicate their time and energy.  The FREE 2A First Responder program seeks something more valuable than your money–it seeks your time.

This volunteer program is geared toward individuals who wish to ACTIVELY ENGAGE in the defense of their rights, who are looking to INCREASE THEIR ACTIVISM further, and who can become FORCE MULTIPLIERS by recruiting additional volunteers and building their own local networks of 2A First Responders in their communities.

If this sounds like the program for you, please click the button below and complete our brief Freedom Form to enroll.  The program and everything associated with it are ABSOLUTELY FREE!

You may then Join Today and sign up for various activities in which you you have an interest. These include:

  • At Home Activities (Check those that interest you):
    • Send Texts
    • Promote activism on your social media
    • Write Letters to the Editor
    • Address/Send Postcards
    • Make Phone Calls to Lawmakers/Fellow Activists
  • In the Field Activities (Check those that interest you):
    • Canvass/Door-to-Door
    • Host/Attend Text/Postcard Parties
    • Attend Events/Hearings
    • Visit Gun Shops, Shows, Ranges, and Clubs
    • Host/Attend Phone Banks
    • General Campaign Activities

I signed up for some. Please consider doing what you can.

Analysis of Kyle Rittenhouse shooting

There have been some more really good collections of the event in Kenosha involving Kyle Rittenhouse:

Here is a conclusion from the second link above, written by “Austrian”:

Rittenhouse prevailed in at least four physical encounters, at least one if not two of which involved contests for control of his weapon by larger, presumably stronger assailants. Rittenhouse’s use of a tactical sling would seem to have been of enormous help in permitting him to retain control of his weapon in the physical contest with Huber.
To the extent Rittenhouse made tactical mistakes the most obvious would seem to include:
1. Entering an (Kenosha) environment alone and without apparent support. While Rittenhouse may have been casually associated with some of the groups on the ground it seems to be the case that his association was struck up on his arrival, not a pre-existing one.
2. Allowing himself to become physically isolated and surrounded at the scene of Engagement 1. It is not clear what precipitated the initial conflict with Short Bald Subject, but in this Rittenhouse appears to have been rather unlucky to become entangled in a dispute with one of the more volatile individuals on the scene. This said, it should be entirely foreseeable that volatile individuals would be at the scene of a riot or civil unrest.
3. Failing to remain as situationally aware as possible, particularly to threats behind him, and permitting himself to be repeatedly overtaken from the rear in between Engagements 1 and 2. Prior to going to the ground at the beginning of Engagement 2, Rittenhouse allowed no less than three attacks from the rear which resulted in physical contact. Rittenhouse was lucky that none of these attacks disabled him or rendered him helpless in the face of the pursuing mob. The first battery to the back of Rittenhouse’s head, in particular, had the potential to take Rittenhouse out of the fight for good. If, in fact, Huber and Short Bald Subject were associated, it isn’t hard to imagine Rittenhouse would have come out badly on the wrong side of Engagement 2 if Huber was the vengeful type.

Conceding the tactical mistakes, Rittenhouse’s gun handling, recovery from being kicked and hit on the head/neck with a skateboard while on the ground, dealing with multiple attackers at close range, and split second decision making was incredible.

I agree with Austrian:

Based on the videos I’ve seen Rittenhouse is one of the best weapons handlers under pressure I’ve ever seen.

With video from start to finish from so many angles this is going to go into the textbooks of advanced firearms trainers everywhere. Rittenhouse will get praise for a generation.

From a legal standpoint all the reckless and intentional homicide charges are clearly false. The only potential charge that kept nagging at me until late today was the one about possession of a dangerous weapon by a person under 18 (a misdemeanor).

WI law is somewhat confusing here but I independently came to the same conclusion as found in the analysis by Austrian. The emphasized parts are what I believe to be the only applicable sections:

948.60  Possession of a dangerous weapon by a person under 18.

2) 

(a) Any person under 18 years of age who possesses or goes armed with a dangerous weapon is guilty of a Class A misdemeanor.

(b) Except as provided in par. (c), any person who intentionally sells, loans or gives a dangerous weapon to a person under 18 years of age is guilty of a Class I felony.

(c) Whoever violates par. (b) is guilty of a Class H felony if the person under 18 years of age under par. (b) discharges the firearm and the discharge causes death to himself, herself or another.

(d) A person under 17 years of age who has violated this subsection is subject to the provisions of ch. 938 unless jurisdiction is waived under s. 938.18 or the person is subject to the jurisdiction of a court of criminal jurisdiction under s. 938.183.

(3) 

(a) This section does not apply to a person under 18 years of age who possesses or is armed with a dangerous weapon when the dangerous weapon is being used in target practice under the supervision of an adult or in a course of instruction in the traditional and proper use of the dangerous weapon under the supervision of an adult. This section does not apply to an adult who transfers a dangerous weapon to a person under 18 years of age for use only in target practice under the adult’s supervision or in a course of instruction in the traditional and proper use of the dangerous weapon under the adult’s supervision.

(b) This section does not apply to a person under 18 years of age who is a member of the armed forces or national guard and who possesses or is armed with a dangerous weapon in the line of duty. This section does not apply to an adult who is a member of the armed forces or national guard and who transfers a dangerous weapon to a person under 18 years of age in the line of duty.

(c) This section applies only to a person under 18 years of age who possesses or is armed with a rifle or a shotgun if the person is in violation of s. 941.28 or is not in compliance with ss. 29.304 and 29.593. This section applies only to an adult who transfers a firearm to a person under 18 years of age if the person under 18 years of age is not in compliance with ss. 29.304 and 29.593 or to an adult who is in violation of s. 941.28.

941.28 is about the possession of a short-barreled shotgun or short-barreled rifle. Hence, it does not apply to Rittenhouse.

29.304 is about restrictions on hunting and use of firearms by persons under 16 years of age. While some people might claim he was hunting I can’t imagine his activities met the legal definition of hunting. Hence, this section does not apply to Rittenhouse.

29.593 is about requirements for certificate of accomplishment to obtain hunting approval. I’m certain hunting licenses are not being issued by WI fish and game for the state terrorists. Hence, there cannot be issue with any failure to acquire a certificate to get approval for a license.

Hence, the “possession of a dangerous weapon by a person under 18” charge is bogus. Hence, the only trial Rittenhouse should have to go through is the felony charges of the district attorneys (tomorrow morning you will be treated to a wonderful QOTD which relates to this) and the slander and libel lawsuits against those people calling him a murderer.

As J. KB. said today, My favorite part of this saga is coming up (see the QOTD tomorrow morning).

Sign the Kyle Rittenhouse petition

I just created a White House petition asking for the prosecution of the district attorneys who changed Kyle Rittenhouse with murder.

This is the petition:

Prosecute district attorneys who charged Kyle Rittenhouse with murder under 18 u.s. code § 242

18 USC § 242 provides for the punishment of “Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States…”

The district attorneys in the Kyle Rittenhouse case, despite clear evidence of lawful self-defense, filed murder charges against Rittenhouse. This not only subjects Rittenhouse to unlawful deprivation of rights it creates a chilling effect on others who wish to exercise their specific enumerate right to keep and bear arms in defense of self and others.

The district attorneys and others involved in this unlawful activity should be prosecuted.

The petition requires 150 signatures before it becomes visible on the web site. Then, if the petition receives 100,000 signatures by September 28th 2020 the White House will respond to the petition.

Gun owners cannot constantly play defense. If the best that happens is that charges against Rittenhouse are dropped or he is pardoned he was still punished by the process. It still casts a chilling effect upon the exercise of specific enumerated right.

Even if we win many of the court battles against unconstitutional laws infringing the right of the people to keep and bear arms the criminals who created and enforced those laws suffered no punishment for depriving the people of their rights for years and even decades. This has to stop. It’s time for these criminals to be punished.

Sign the petition. Share the link to the petition on your social media. Put criminal government officials on notice that infringement of civil rights will not be tolerated without them risking the payment of a serious price. Tell government officials you hope they enjoy their trial.

It’s settled

Kyle Rittenhouse’s attorney has released a statement. Assuming the statement is close to being true then I have no reservations in saying that Rittenhouse is completely innocent of wrongdoing.

Here is the critical parts for me. It eliminates the reservations I expressed yesterday:

After Kyle finished his work that day as a community lifeguard in Kenosha, he wanted to help clean up some of the damage, so he and a friend went to the local public high school to remove graffiti by rioters. Later in the day, they received information about a call for help from a local business owner, whose downtown Kenosha auto dealership was largely destroyed by mob violence. The business owner needed help to protect what he had left of his life’s work, including two nearby mechanic’s shops. Kyle and a friend armed themselves with rifles due to the deadly violence gripping Kenosha and many other American cities, and headed to the business premises.

As Kyle proceeded towards the second mechanic’s shop, he was accosted by multiple rioters who recognized that he had been attempting to protect a business the mob wanted to destroy. This outraged the rioters and created a mob now determined to hurt Kyle. They began chasing him down. Kyle attempted to get away, but he could not do so quickly enough. Upon the sound of a gunshot behind him, Kyle turned and was immediately faced with an attacker lunging towards him and reaching for his rifle. He reacted instantaneously and justifiably with his weapon to protect himself, firing and striking the attacker.

The district attorney who filed charges against Rittenhouse should be prosecuted under 18 USC 242 for wrongful prosecution and creating a chilling effect upon the exercise of a specific enumerated right.