No, Joe, They Won’t Need F-15s

Once again, Joe Xiden has threatened to use the regular forces of the U.S. military against citizens who might actively resist one or more of his unconstitutional or illegal acts. Speaking in Pennsylvania today, he called for a federal ban on so-called “assault weapons.” Of course, the Supreme Court has just reversed and remanded the appeals court decision upholding Maryland’s “assault weapons” ban, but that hasn’t dulled Xiden’s lust for unconstitutional federal legislation.

Xiden also said—

You can’t go out and buy an automatic weapon, you can’t go out and buy a cannon, and for those brave right wing Americans who say its all about keeping America independent and safe, if you want to fight against the country you need an F-15. You need something a little more than a gun.

There are so many false statements there. You can go out and buy and automatic weapon. It has to be one that’s in the current registry of such weapons (over 150,000 such weapons are registered), you have to pass a background check, and you have to pay for a $200 tax stamp, but you can buy one. It’s also legal to buy a cannon. The process is similar to buying a machine gun.

IIRC, the last time veteran’s took up arms against a government, it was a local government, and the trigger for that action was a stolen election. You can read about The Battle of Athens here.

And finally, Xiden might want to think about how ragtag group of peasants with small arms handled modern armies and air forces in Afghanistan during the last four decades.

Massive Resistance Redux

The Supreme Court vacated the Ninth Circuit’s decision upholding Hawaii’s restrictive carry permit regime in Young v. Hawaii and remanded the case for reconsideration in light of Bruen. Young filed a motion for summary reversal with the Ninth Circuit, and Hawaii has filed a motion seeking to delay the inevitable.

It looks as if the Democrats plan to engage in the same sort of massive resistance to the expansion of civil rights as they did in the ’60s.

The Futility of Gun Control

This is from NPR‘s report on the Abe assassination in Japan this morning—

Public television NHK aired a dramatic video of Abe giving a speech outside a train station in the western city of Nara. He is standing, dressed in a navy blue suit, raising his fist, when two gunshots are heard. The video then shows Abe collapsed on the street, with security guards running toward him. He holds his chest, his shirt smeared with blood.

In the next moment, security guards leap on top of a man in gray shirt who lies face down on the pavement. A double-barreled device that appeared to be a handmade gun is seen on the ground.

Japan has some of the strictest gun control laws in the world.

A Civil Rights Update

Governor Larry Hogan has directed the Maryland State Police to suspend use of the “good and substantial reason” requirement for a “Wear and Carry” permit previously used to suppress most citizens’ ability to exercise Second Amendment rights outside of their homes. This is a good first step in bringing Maryland into compliance with the Second Amendment.

Maryland’s “assault weapons” ban was upheld by the Fourth Circuit Court of Appeals, but the Supreme Court has vacated that decision and sent the case back to the Fourth Circuit to be reconsidered in light of Bruen. The Fourth Circuit had previously upheld Maryland’s restrictions on standard capacity magazines, but last week, the Supreme Court overturned California’s and New Jersey’s bans which are more or less the same as Maryland’s

A challenge to Maryland’s Handgun Qualification License (essentially a permit to purchase) is also pending before the Fourth Circuit.

The next few months will bring some interesting decisions at the Fourth Circuit, and I suspect the next session of the Maryland Legislature will bring out campaign of massive resistance to Second Amendment rights from the Democrat majority.

We shall see.

The Supreme Court Term

Given the Dobbs, Bruen, and West Virginia v. EPA decisions and orders in multiple cases such as Box v. Planned Parenthood and Bianchi v. Frosh, the Supreme Court appears to have decided that government by experts, including “expert” judges, must yield to democratic processes spelled out in the Constitution and that those experts should keep their noses out of the people’s personal business the Constitution shields from government intrusion.

I’ve heard it said that Conan best summarized the results thus far—

To crush your enemies. See them driven before you. And to hear the lamentations of their women—

although the Barbarian probably wasn’t a biologist.

Civil Rights Victories

This is from today’s Order List of the Supreme Court—

Bianchi v. Frosh is the challenge to Maryland’s “assault weapons” ban.

The Court also granted certiorari petitions on the New Jersey and California standard capacity magazine ban cases, vacated the lower courts’ judgments, and sent the cases back to the Third and Ninth Circuits, and the Court granted the certiorari petition the challenge to Hawaii’s carry permit system, vacated the Ninth Circuit’s judgment, returned that case to the circuit court.

Things are proceeding more quickly than I had foreseen.

Long Marches and “Our” Democracy

I’ve often read about the Left’s long marches through institutions such as academia and the courts and how that changed society during the 20th century. This week, we’ve seen some results of how the Right was able to conduct its own long march through the legal system.

The Bruen and Dobbs decisions came about after a sustained effort to train lawyers with an originalist understanding of the law (the text still means what the people who wrote it thought it meant) and to have them appointed as judges. Now, a majority of the judges on the Supreme Court have ruled that two foundational accomplishments of the Left’s long marching had no basis in the Constitution.

One of the principals embodied in the Constitution is that the United States is a federal republic of sovereign states which have yielded some of their sovereignty to the federal government but retained their sovereignty in all other matters. For example, the power to declare war belongs to the United States, and an individual state can’t engage in war unless it is actually invaded. On the other hand, the United States can’t tell the several states how to set speed limits on their highways (although it can condition federal speeding on having a specific speed limit; remember 55 mph?).

The prohibition movements of the early 20th century were some of the earliest “successes” of the progressive left. The Harris Act (drugs) and the 18th Amendment and the Volstead Act (alcohol) were all intended to protect society. In the Real World they had unintended consequences that caused more harm than good. The evil caused by alcohol prohibition was so pervasive that that the 18th Amendment was quickly repealed. The 21st Amendment takes the regulation of alcohol away from the federal government and returns it to the states.

When progressive judges on the Supreme Court imposed Roe v. Wade on the nation, they effectively amended the Constitution, creating a “right” with no basis in the text. Dobbs reverses that extra-constitutional act and returns legal questions dealing with abortion to the states. It repeals an unconstitutionally created amendment.

Another principal embodied in the Constitution is that individuals have certain rights which must be protected. Those rights are shielded from being suppressed by the majority. They are outside democratic control. For example, the majority may not like what you have to say, but with few exceptions they cannot use the government to punish you for saying it, and they can’t use the government to force to say something you don’t want to say.

Another progressive “success” of the early 20th-century was legislation such as New York’s Sullivan Law intended to keep guns out oof the “wrong” hands. Setting aside the empirical data that shows that communities with strict gun control tend to be more violent than those which respect the right to selfdefense secured by the Second Amendment, Bruen follows along the trajectory set by the earlier Heller and McDonald decisions. The right of selfdefense is just like the other individual rights protected by the Constitution, and any restrictions a state would impose must pass strict scrutiny.

Dobbs tells the federal government to keep its nose out of the states’ business when it comes to questions related to abortion.The ready availability of abortion surely had an effect on the changes in the sexual mores of America over the last 50 years, and one can reasonably argue that the resulting changes in family structure and how children are raised have not been good for society. The next few decades will undoubtedly see some interesting experiments in the laboratories of democracy. New York’s democracy may come to different conclusions on how to deal with abortion than Tennessee’s democracy.

Bruen tells the states that the Constitution strictly limits their ability to suppress the right to selfdefense.

One decision expands democracy. The other constrains it.

Clarence Thomas Made My Day

We know of no other constitutional right that an individual may exercise only after demonstrating to government officers some special need. That is not how the First Amendment works when it comes to unpopular speech or the free exercise of religion. It is not how the Sixth Amendment works when it comes to a defendant’s right to confront the witnesses against him. And it is not how the Second Amendment works when it comes to public carry for selfdefense.

NY State Rifle & Pistol Asso. v. Bruen, 20-843, Slip Op., 62, 63 (S. Ct.).

Team Kimberlin Post of the Day

Part of the scam associated with Brett Kimberlin’s not-for-profits has been advocacy for stricter gun control. The TKPOTD for nine years ago today dealt with his history of being a felon illegally possessing firearms.

* * * * *

One of the latest efforts of Brett Kimberlin’s Velvet Revolution US is a website called NRA Watch (No, I won’t link to it.) that is advocating for stricter gun control, including a ban on modern sporting rifles such as the AR15 and standard capacity magazines. Hold that thought while you read the following passage from page 173 of Mark Singer’s Citizen K:

To counter Kimberlin’s claim that he was temperamentally incapable of violence (“not prone to assaultive behavior”), for instance, the government cited the array of weapons that had been seized during the drug bust in Texas. Among them was a .22-caliber semiautomatic pistol equipped with a silencer. The testimony of Bixler placed this gun in Kimberlin’s hands, along with the half-dozen AR-15s he said he had bought the defendant.

At the time that he was busted while trying to smuggle 5 tons of dope in Texas, Brett Kimberlin was already a convicted felon, and it was illegal for him to possess any firearm. Did that law stop him? Straw purchases were against the law then as now. Did that stop him?

Do you think that he would have complied with a 10-round magazine limit for the AR15s he wasn’t supposed to have?

Me neither.

* * * * *

Incapable of violence? Carl Delong was unavailable for comment.

An Interesting Question

During the oral argument in New York State Rifle & Pistol Association v. Bruen this morning, Chief Justice Roberts asked the Solicitor General of New York, “Well how many muggings take place in the forest?”

He asked the question as part of an exchange with the Solicitor General in which she was trying to justify the suppression of Second Amendment rights in populated areas.

Team Kimberlin Post of the Day

This TKPOTD first ran eight years ago today.

* * * * *

One of the latest efforts of Brett Kimberlin’s Velvet Revolution US is a website called NRA Watch (No, I won’t link to it.) that is advocating for stricter gun control, including a ban on modern sporting rifles such as the AR15 and standard capacity magazines. Hold that thought while you read the following passage from page 173 of Mark Singer’s Citizen K:

To counter Kimberlin’s claim that he was temperamentally incapable of violence (“not prone to assaultive behavior”), for instance, the government cited the array of weapons that had been seized during the drug bust in Texas. Among them was a .22-caliber semiautomatic pistol equipped with a silencer. The testimony of Bixler placed this gun in Kimberlin’s hands, along with the half-dozen AR-15s he said he had bought the defendant.

At the time that he was busted while trying to smuggle 5 tons of dope in Texas, Brett Kimberlin was already a convicted felon, and it was illegal for him to possess any firearm. Did that law stop him? Straw purchases were against the law then as now. Did that stop him?

Do you think that he would have complied with a 10-round magazine limit for the AR15s he wasn’t supposed to have?

Me neither.

* * * * *

It seems that some criminals just won’t obey gun control laws. BTW, this post also ran that same day.

* * * * *

Five Pinocchios for Joe Biden

Joe Biden invents bogus illegal gun buyer statistics on the fly. Video here.

Such blatant misrepresentation of the facts earns five out of a possible four pinocchios.5pinocs

* * * * *

Plus ça change, plus c’est la même chose.

I’m Not Making This Up, You Know

Sheila Jackson Lee really said this—

I’ve held an AR-15 in my hand, I wish I had it. It is as heavy as 10 boxes that you might be moving and the bullet that is utilized, a .50-caliber, these kinds of bullets need to be licensed and do not need to be on the street.

I just weighed my AR-15. With the sling and a loaded magazine it weighs just under 9 pounds. Rep. Lee must have been moving empty boxes.

Although my rifle is chambered for 7.62×39 mm ammunition, most AR-15s are chambered for 5.56 mm NATO rounds. Only a handful use any kind of .50 ammo, and most of those are chambered for .50 Beowulf, a cartridge roughly equivalent to the old black powder .45/70 used by the Army during the last decades of the 19th-century.

UPDATE—Lee’s proposed legislation would ban weapons greater than .50 calibre. Guess what, Gentle Reader. They are already restricted under federal law as destructive devices. However, the law allows the ATF to exempt weapons and ammunition for “sporting purposes” which is why 28, 20, 16, 12, and 10 gauge shotguns are still legal. Is Lee seeking to ban the double-barrel shotguns that Joe Xiden recommends for personal defense in the home?

Prediction: Some Busy Days at NICS

The past couple of months have seen a significant increase in background checks for firearm purchases as a large number of first-time gun buyers decided to exercise their Second Amendment rights just in case things get out of control because of the Wuhan virus pandemic.

I’ve got a hunch that there may be a sizable number of additional first-time buyers going to gun stores over the next few weeks with a new-found understanding of why those stores are essential businesses—and that they may develop a changed attitude about their states’ waiting periods for gun purchases.

Team Kimberlin Post of the Day

Politics makes strange bedfellows. How else can one explain Brett Kimberlin’s use of not-for-profits to support gun control? The TKPOTD for seven years ago today took note of that irony.

* * * * *

Brett Kimberlin received a 50 year sentence for his conviction for using explosives to cause injury. He has claimed that his conviction was based on evidence manufactured by the ATF. Here’s what Mark Singer concluded about Kimberlin’s claim as recorded in the Appendix of Citizen K (p. 377):

To believe that Kimberlin’s conviction represented a widespread effort to frame him required the postulation of a sophisticated, ingenious, and illegal network of his enemies—nothing less, it seemed, than a “conspiracy per se.” Sometime the ingenuity with which Kimberlin credited the ATF specifically seemed too generous. For instance, on 20 September 1978, the day of Kimberlin’s arrest and the impounding of the Impala, the ATF agents involved in the search did not have the lab results from the bomb scenes. If the government had wanted to lace the Impala, they would’ve needed to guess exactly which substance—Tovex, that is, not dynamite or TNT—would link Kimberlin to the bombings. Additionally, the ATF was unlikely to have known that Kimberlin was using Tovex to excavate his property three years earlier.

It’s interesting that, although Brett Kimberlin doesn’t trust the ATF to honorably deal with crime scene evidence, he is campaigning through his NRA Watch website to increase the ATF’s gun control authority.

Go figure.

* * * * *

Most of the NRA members I know aren’t the sort of people who would contribute to one of Kimberlin’s not-for-profits. Follow th money.

A Civil Rights Victory in Virginia

HB961 was the Democrats’ prime bill in a package of anti-Second-Amendment legislation they were threatening to pass after gaining control of both houses of the Virginia legislature. It would have banned many common firearms and standard-capacity magazines. It’s been tabled for until next year by the state Senate Judiciary Committee because four Democrats broke ranks and voted with Republicans.

I suspect that those Democrats took notice of two facts. First, the vast majority of the states counties have joined the Second Amendment Sanctuary movement. The odds are the four who voted with the Republicans represent sanctuary counties.

Second, the Democrats just barely took control of the legislature. Something on the order of 6,000 votes statewide would have kept the Republicans in charge, so there are a lot of potentially vulnerable Democrats outside of the DC suburbs.

BTW, I’ve heard a rumor that Governor Blackface has promised to keep the bill comfortable until a final decision on aborting it is taken.

On Being Dangerous

The men in primitive human societies are the hunters and warriors. As such, they must be dangerous. They must be capable of the violence necessary to harvest game and to protect their tribe, but they must restrain their violence in order to be cooperative members of the tribe. That ability to act with restraint in one of the marks of a proper adult male human being. Indeed, as we have become more “civilized,” that restraint and cooperation have become even more necessary to allow large societies to function smoothly.

The attendees at the pro-second-amendment rally in Richmond today were mostly men, and the peace and calm reflected in their behavior is an example of mature restraint.

It’s a bit early yet, but it seems that there is a great deal of disappointment in certain quarters because the rally was peaceful. There seems to have been an expectation that mature men would act like spoiled children and have some sort of hissy fit because they weren’t getting their way.

The governor and legislature in Virginia are on a path that could take them beyond the point where peaceful protest of their actions is no longer appropriate, but they aren’t there. Yet. Perhaps, they will reconsider their unwise attack on Second Amendment rights, but it may be that they won’t. If they persist, many Virginians may be inspired by these words written by the second governor of Virginia—

But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.

Now, one peaceful way of handling such a situation would be recall elections, but the legislature is moving to make recall more difficult. If they unfairly game the political process, they should not be surprised if other means are sought.

There are times when it justified for dangerous men to be dangerous.

UPDATE—Seen on Gab—

When Overreach Starts to Fail

Nancy Pelosi allowed the forces on her left wing to go a bridge too far. She tried to find a way to salvage the House Impeachment Hoax, but she’s been outmaneuvered by Cocaine Mitch. The mopping up action will begin in the Senate next week, and the hapless PR skirmishing by the Maddows in The Media will not save The Narrative.

Meanwhile in Virginia, Governor Blackface and his friends in the Legislature are pushing ahead with California/New York style gun control. As anyone who has looked at a map of those Second Amendment sanctuaries can see, the proposed laws have little popular support outside of the DC suburbs and a few urban areas. The legislature has responded to public unrest by changing its rules in order to be make lobbying by gun control supporters more difficult and by moving to change the law related to recalling public officials. The governor plans an emergency declaration to prevent the carrying of firearms at a pro-Second-Amendment rally. These are not the acts of fair-minded politicians seeking to do the will of their constituents.

We see the system of checks and balances envisioned by The Founders working in the case of the Impeachment Hoax. We see it apparently failing in Virginia. I doubt Madison or Jefferson would be pleased with their home state today.

President Trump will face an election, and the voters will either keep him for another term or fire him.

Virginia … well, the state’s motto is sic semper tyrannis, so let’s hope that cooler, wiser heads prevail.