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WOW: Little Michigan Town Establishes Its Own MILITIA to Safeguard Second Amendment Rights – Vows Not to Enforce Unconstitutional Gun Grabs
by Cullen Linebarger Nov. 16, 2023 4:40 pm
THIS IS COOL! Hope more start doing this!
https://www.thegatewaypundit.com/2023/11/wow-little-michigan-town-establishes-its-own-militia/
That is so wrong
Time to flip it
To reality
San Antonio, Texas to host ‘first-ever’ gun buyback so people can buy ‘food’ and ‘Christmas presents’
Think there will be proper ATF forms to fill out?
https://www.atf.gov/firearms/atf-form-4473-firearms-transaction-record-revisions
By Olivia Murray
“Bidenomics” is working… if the goal is communism.
Yesterday, the San Antonio Express-News reported that the city would be holding its first gun buyback program this upcoming Sunday, and for every firearm sold to the state, a gun owner will receive a grocery store gift card—city councilman John Courage, a backer of the initiative, said this:
We can ask people to turn in weapons they no longer want, that they feel are a danger in their household, that maybe they’ve found, and exchange those for gift certificates so that people can go buy food for the holiday or go buy Christmas presents for their kids[.]
Now don’t forget, but the money for this buyback program comes from the taxpayer, because the government obviously doesn’t generate any wealth—they simply steal it—so about how much money are we talking?
There will be a limit of 20 weapons per vehicle.
The value of the gift cards depends on the firearm exchanged. The project will pay $50 for a nonfunctioning or home-manufactured weapon, $150 for a rifle or shotgun, $200 for a handgun and $300 for a semi-automatic rifle.
First of all, if a person would trade his right to self-defense and freedom from tyranny for a grocery run of bioengineered processed “food” or some catchpenny Chinese toys, well then, to take some creative license with a quote purportedly from Benjamin Franklin, “He who would give up essential Liberty to purchase a little ‘food’ or a few Christmas gifts, deserves neither Liberty, nor ‘food,’ nor Christmas gifts.”
Second of all, and this strikes me as oddly ironic, but the government and the gun control crowd of the left routinely decry the danger of private gun sales because no background check or paperwork is required, noting the buyer could be anybody. But what do we know about the government? Well historically, the government is the number one offender when it comes time to “gun violence.” Therefore, doesn’t it seem a little irresponsible, maybe even criminal, to sell firearms to a syndicate that you know is prone to using guns to commit violence against innocent people?
Now, if you look to history for retrospective insight, what have governments done after the people have been disarmed? The answer is democide, or state-sponsored murder (think Pol Pot, Mao Zedong, Joseph Stalin, Adolf Hitler), and we understand why the government wanted to disarm its people in the first place—murder was always the end goal, and buyback initiatives have long been a part of policies to disarm citizenries.
So when conservatives denounce “Bidenomics” as communism, we’re not just throwing out some dog whistle trigger word to whip up MAGA supporters into a frenzy, but we’re speaking to the very real financial destitution (people unable to afford the most basic necessity, food), and violent tyranny (what inevitably comes after the citizens have no more guns) that has accompanied every communist regime in history.
Like a lamb to the slaughter is anyone who exchanges their right to self-defense for cheap gratifications.
https://www.americanthinker.com/blog/2023/11/san_antonio_texas_to_host_firstever_gun_buyback_so_people_can_buy_food_and_christmas_presents.html
Federal Judge Smacks Down Biden’s ATF AR-15 Gun Ban
by Mike LaChance Nov. 9, 2023 10:10 pm
https://www.thegatewaypundit.com/2023/11/federal-judge-smacks-down-biden-atf-ar-15/
Supreme Court Weighs Domestic Violence Gun Restrictions In Case That Could Have Huge Impact On Second Amendment Law
https://dailycaller.com/2023/11/07/supreme-court-weighs-domestic-violence-gun-restrictions-case-impact-second-amendment-law/
short rifle video- LOL
My shoulder hurts just watching this 😅 pic.twitter.com/mhXWhJMcEc
— Declaration of Memes (@LibertyCappy) November 3, 2023
Senate Passes Measure Protecting Veterans’ 2A Rights from Veteran Administration Overreach
https://www.breitbart.com/2nd-amendment/2023/10/25/senate-passes-measure-protecting-veterans-2a-rights-from-veteran-administration-overreach/
Federal Judge Strikes Down Two NYC Provisions for Gun Permit Issuance
Judge John P. Cronan struck down New York City gun controls that he found gave city officials unconstitutional discretion in the issuance of gun permits.
Cronan struck down NYC’s “good moral character” and “good cause” provisions, concluding that they gave city officials a degree of leeway in judgment sufficient to provide them cover in denying permits for law-abiding citizens.
He tested the two provisions in light of the Supreme Court’s Bruen (2022) decision, then wrote:
In sum, having considered Defendants’ proffered historical materials, and applying the standard set in Bruen, the Court determines that the magnitude of discretion afforded to New York City licensing officials … empowering them to evaluate an applicant’s “good moral character” and “good cause” in deciding whether to permit that applicant to exercise his or her Second Amendment rights, is not constitutionally permissible under the Second and Fourteenth Amendments.
Elsewhere, Cronan emphasized that allotting city officials the authority to judge “good moral character” and “good cause” in order to issue gun permits lacks “any grounding in our Nation’s historical tradition of firearm regulation.”
Moreover, Cronan found that the plaintiff, Joseph Spour, “suffered irreparable harm” in being denied his Second Amendment rights.
https://www.breitbart.com/2nd-amendment/2023/10/24/federal-judge-strikes-two-nyc-provisions-gun-permit-issuance/
Gun Control: The End Results
By Civis Americanus
Albert Einstein said purportedly that "Insanity is doing the same thing over and over and expecting different results," and this applies squarely to restrictions on firearm ownership.
United Kingdom, June 1940
There was a time in the United Kingdom when there were few restrictions on firearm ownership. In 1920, however, the UK required people to get a certificate for permission to own firearms. "Applicants for certificates also had to convince the police that they had a good reason for needing a certificate." In 1937, "…the Home Secretary ruled that self-defense was no longer a suitable reason for applying for a firearm certificate and directed police to refuse such applications on the grounds that "firearms cannot be regarded as a suitable means of protection and may be a source of danger." ("Crime and justice since 1750" elaborates on this.)
Then Germany overran France and drove the British Expeditionary Force back across the English Channel minus most of its heavy weapons. Now Britain faced the possibility of invasion by Nazis who would have done to its population what they had already done to Poland and France. The British Lion accordingly got on its collective knees to beg American firearm owners to "Send a gun to defend a British home." Luckily for the UK, the United States did not have "common sense gun laws" so we had extra firearms to share with them.
Did anybody learn from this debacle? Apparently not, as shown in 2022.
Ukraine, February 2022
As I wrote here when Russia invaded Ukraine in 2022,
"Ukrainians are being urged to arm themselves to resist the unprovoked Russian invasion of their country. The immediate question is, 'with what?' noting that Ukraine has exactly the kind of gun laws the Democratic Left wants to inflict on the United States. Handguns are illegal unless licensed, and licensing is "may-issue" the same way it is in New York. It is also necessary to have a license to purchase a long gun (as is the case in Illinois with its firearm owner ID card), and authorities can exercise discretion as to who can have a license. There are at most thirteen firearms for every hundred Ukrainians…"
Ukraine should have seen this coming in light of previous Russian aggression in 2014 as well as Britain's example, but it's obvious that those who do not learn from history are condemned to repeat it.
Israel, October 2023
When Hamas attacked Israel on October 7, they went from house to house to slaughter unarmed families in their own homes. Hadar and Itay Berdychivsky, who had served in the IDF, apparently did have government-issued permission to own handguns and fifty rounds of ammunition, and they fought back. Both were killed, at a cost of seven terrorists, while defending their children. There are two obvious lessons here.
As stated by Colonel Jeff Cooper, "A handgun is merely a weapon used to fight your way back to your rifle -- which you shouldn't have left behind." It is quite likely that two Israelis with Army experience could have handled all the goblins (Cooper's term for violent criminals) with AR-15s, 30-round magazines, and spare magazines.
The fact that it took eight or more Hamas terrorists with automatic rifles to kill two Israelis who had only sidearms, and lost seven KIA to do it, underscores the inferiority of the Hamas invaders to the Israelis.
In contrast, this is what happens when terrorist rabble attack Israelis who have access to long arms and no ammunition limits: "The Hamas was no match for an intrepid 25-year-old Israeli woman -- who saved an entire kibbutz from harm by leading a group of residents to kill more than two dozen advancing terrorists, including five she slaughtered herself."
The BBC adds, "Israeli gun ownership is low at about 2% of the population. …Usually citizens are allowed to hold a pistol and a limit of 50 bullets" which underscores the gross incompetence of the Israeli legislators who were responsible for the laws in question. Ongoing attacks and infiltration by Hamas made the events of last week easily foreseeable but the government left this law in place. Israel's "commonsense gun laws" resulted in hundreds of preventable fatalities which brings to mind phrases like "dereliction of duty." Israeli voters need to hold those responsible for this disaster accountable in the next election.
Three Strikes and You're Out
"Commonsense gun laws" have three strikes against them, two with massive preventable fatalities in Ukraine and Israel; the UK got lucky because Operation Sea Lion never went forward. Anybody who still supports "commonsense gun laws" is a dishonest or incompetent quack like Joe Biden, who depicts knife-wielding assailants as "unarmed" and suggests that defenders shoot to wound. If your life is really in danger, you must shoot to center of mass to stop and, if your life is not in danger, you must not shoot at all. Advocates of magazine size limits are clearly incompetent quacks as proven by events in Israel and also Massad Ayoob's expert testimony in Fyock v. Sunnyvale.
https://www.americanthinker.com/articles/2023/10/gun_control_the_end_results.html
Massachusetts Bill Would Impose ‘Widespread Bans on Commonly Owned Firearms,’ ‘Unprecedented Gun Control’
by Cassandra MacDonald Oct. 21, 2023 11:00 am
https://www.thegatewaypundit.com/2023/10/massachusetts-bill-would-impose-widespread-bans-commonly-owned/
SCOTUS Won’t Lift Block On Red State Law Preventing Police From Enforcing Federal Gun Laws
The state asked the justices early October to block a federal court’s ruling against its Second Amendment Preservation Act, which exposes local police that aid in the enforcement of certain federal gun laws to up to $50,000 penalties. The justices declined to do so in a brief order Friday.
“Like many States, Missouri has disagreements with the Federal Government about the correct interpretation of the Second Amendment—and thus how to interpret and enforce certain federal firearms statutes,” Missouri wrote in its application. “In light of this Court’s recent Second Amendment decisions, the Missouri General Assembly believes that a small number of federal statutes may be unconstitutional; that the doctrine in this area is changing…and that Missouri officials ought to strive to comply with the Second Amendment to the maximum extent possible.”
https://dailycaller.com/2023/10/20/scotus-wont-lift-block-on-red-state-law-preventing-police-from-enforcing-federal-gun-laws/
Federal Judge Strikes Down California’s Decades-Old ‘Assault Weapons’ Ban: ‘No Historical Pedigree’
https://dailycaller.com/2023/10/19/federal-judge-blocks-california-assault-weapons-ban/
What is offered
Can not be bought
~~~ It must be earned ~~~
(1:05:14)
What is earned
Can not be taken
BaggyPants
Gear has to work
~~~ When it counts ~~~
(36:34)
There is no competition
To learn more, visit: https://1791gunleather.com
For more updates, visit: http://www.brighteon.com/channel/hrreport
California Legislature Passes ‘Tyrannical’ Package of 12 Gun Control Bills
‘The California Legislature chose to follow other hostile regimes desperate to restrict the rights of the people’
https://www.zerohedge.com/news/2023-09-19/california-legislature-passes-tyrannical-package-12-gun-control-bills
New Mexico Wannabe Dictator Michelle Lujan Grisham Backs Down on Gun Ban
Many will cheer, but there's so much more work to be done and not enough people fighting the good fight.
JD Rucker
Sep 16, 2023
Just when many of us thought any semblance of sanity had evaporated in the United States of America, the country rallied for a lucid moment to oppose the tyrannical efforts of New Mexico Governor Michelle Lujan Grisham. With pressure from every direction, including many of her fellow Democrats, plus a court order against her, she amended her gun ban to "only" go after certain public venues.
In other words, she caved from her gun ban and turned it into expansion of gun-free zones. It's not a true win for the 2nd Amendment as any such restrictions are unconstitutional, but it's good to see we haven't quite turned into a full-blown police state.
According to Just The News:
At a press conference on Friday, Michelle Lujan Grisham announced that she was amending her controversial gun order to allow open and concealed carry, except in parks and playgrounds "where we know we have high risk of kids and families," she said.
The move comes a day after a federal judge temporarily blocked the order and fellow Democratic politicians denounced her plan as unconstitutional. Local law enforcement had refused to enforce the order and the state's attorney general had refused to defend it in court.
Lujan Grisham, citing recent shootings, had declared a public health emergency centered on gun violence. The executive order signed September 8, included an "action plan" that banned carrying a loaded weapon off of private property in Bernalillo County, which includes Albuquerque. The governor's office threatened fines of up to $5,000 for violations.
The governor made the changes to the order after "listening to the debate in court," according to ABC.
"I want to point out that the conversation in that court was pretty clear that we are not wrong about this emergency, or about the issues related to violence, gun violence and public safety generally," she said.
This was a trial balloon to test the acceptance level for abolishing the 2nd Amendment. We can take it as a small victory, but in reality the powers-that-be learned lessons they will use against us. The battle will continue as incremental stripping of our God-given right to fight tyranny is an ongoing threat.
https://jdrucker.substack.com/p/new-mexico-wannabe-dictator-michelle?publication_id=682517&post_id=137088689&isFreemail=true&r=rd9j8
"O'Connor Strikes Back": Federal Judge Exempts Plaintiffs From Biden's ATF 'Frame And Receiver' Rule
What's not being reported by corporate media outlets, such as Reuters, AP News, Bloomberg, and others, because any win (big or small) for the Second Amendment community is rarely covered due to their commitment to anti-gunners, such as 'Everytown' and 'Giffords,' is that Judge Reed O'Connor of the Northern District of Texas granted the plaintiffs in the Garland v. VanDerStok case, Defense Distributed and BlackHawk Manufacturing Group Inc. (doing business as 80 Percent Arms) motions for an injunction pending appeal, which basically means they're the only two companies that can sell 'ghost guns' nationally (or partially completed frames and receivers and weapons parts kits) while the case continues.
https://www.zerohedge.com/political/oconnor-strikes-back-federal-judge-exempts-plaintiffs-bidens-atf-frame-and-reciever-rule
NEWSJudge Blocks New Mexico Order Restricting Gun Rights — Gov. Grisham Responds
https://truthpress.com/news/judge-blocks-new-mexico-order-restricting-gun-rights-gov-grisham-responds/
A federal judge ruled against the emergency public health order, issued by Democrat Gov. Michelle Lujan Grisham, repealing open and concealed carry rights in the largest county of New Mexico.
U.S. District Judge David Urias issued the judgment on Wednesday after numerous gun rights groups and advocates had filed lawsuits against the restrictions. The ruling temporarily suspends the order restricting gun rights until Oct. 3, when a hearing will be held to consider the merits of arguments for and against the ban.
Grisham released a statement on her official social media page about the ruling.
“Today a judge temporarily blocked sections of our public health order but recognized the significant problem of gun violence in this state. I refuse to be resigned to the status quo, and I will never stop fighting to prevent other families from enduring these tragedies,” she wrote.
“To be clear: gun violence and drug abuse are acute threats to public health and safety in this state,” Grisham continued. “We will stay the course by increasing State Police presence in Bernalillo County, arresting the hundreds of violent offenders with outstanding warrants still on our streets, and directing our healthcare system to immediately expand capacity to accept persons experiencing drug addiction and homelessness.”
She went on to call on local law enforcement and the legislature to “enact solutions that save people’s lives.”
Grisham had issued the public safety order on Friday and said she was forced to do so based on several incidents involving gun violence against children in New Mexico. The law imposed a $5,000 fine on people who are caught carrying guns openly or in a concealed manner in public areas of Bernalillo County.
On Tuesday, the state’s attorney general notified Grisham in a letter that, based on his opinion that the order was unconstitutional, his office would not defend her against lawsuits.
“Though I recognize my statutory obligation as New Mexico’s chief legal officer to defend state officials when they are sued in their official capacity, my duty to uphold and defend the constitutional rights of every citizen takes precedence,” said Attorney General Raúl Torrez.
“Simply put, I do not believe that the Emergency Order will have any meaningful impact on public safety but,” he added, “more importantly, I do not believe it passes constitutional muster.”
Here’s more about the ruling:
More Frightening but true facts about guns
For all those who said they couldn't get ammo......
https://trueshotammo.com/
The level of expertise and training is crucial
~~~ Situational awareness is key ~~~
(34:37)
Regardless of whether it's for the procurement of food
Or self defense
defendressofsan
Guns are often referred to as the great equalizer
Just to demystify the process
~~~ Firearms will play an important role ~~~
(12:13)
In these tasks
More people buying guns in Florida
The passing of a new law is changing the way people are buying guns. Florida gun show organizers say over 10,000 people have attended the show over the weekend.
https://www.wogx.com/video/1246348
Victor Marx is the world record holder for the fastest gun disarm. pic.twitter.com/c5yHXTaAbC
— Ian Miles Cheong (@stillgray) July 9, 2023
‘Permitless is not open carry’: Palm Beach County Sheriff breaks down what’s in Florida’s new permitless carry law
Highlights of Article
"The biggest misconception is that people think they can carry the gun openly right on their side, just walk down the street. Permitless is not open carry," Bradshaw said.
All this law means is that those carrying concealed weapons will not have to apply for a permit, undergo a background check, or take an instructional course.
But when it comes to buying a gun, nothing has changed.
"You still have to go to the gun shop, you got to do a background check just like you did before. You have to be 21. You have to be a US citizen. You have to be not a convicted felon," Bradshaw said.
It’s the same idea when it comes to where you can bring guns.
"You can't play it in a bar or nightclub. You can't go into schools, you can't go into governmental meetings, and any place that says it's private property and people prohibit it, you can't carry that gun in there," Bradshaw said.
Even though having a permit won’t be necessary anymore under this new law, there are benefits to getting one. You won’t need to wait for a three day background check when buying a gun and you’ll be allowed to carry in 37 other states.
https://cw34.com/news/local/permitless-is-not-open-carry-palm-beach-county-sheriff-breaks-down-whats-in-floridas-new-permitless-carry-law-june-28-2023
IRS Confiscates Tens of Thousands of 4473 Forms From Great Falls, MT Gun Dealer
Van Hoose had Highwood Creek Outfitters back up and running as usual on Thursday morning. He wants his customers to know that whatever prompted the IRS raid, he’s still very much in business.
He told us he intends to fight the IRS on this to recover his 4473s and he expects the legal bills to run into six figures. He’ll be establishing a GiveSendGo campaign to help raise funds to pay the attorneys. When that’s been established, we’ll add that information to this post for those who would like to help in the effort.
https://www.thetruthaboutguns.com/irs-confiscates-tens-of-thousands-of-4473-forms-from-great-falls-mt-gun-dealer/
Gun Control Doesn’t Work, and California’s Homicides Prove It
Gavin Newsom wants to spread his gun control nationwide – but it won’t save us.
By: James Fite June 15, 2023 - 7:30 am
California has the strictest gun control laws in the country – and Golden State gun grabbers are quite proud of the fact. They also like to tout their below-average per capita firearms murder rate when compared to the nation as a whole. Gov. Gavin Newsom, on June 8, jabbed at Mississippi Gov. Tate Reeves on Twitter about the gun violence rates of their respective states and announced his proposal for a 28th Amendment to the US Constitution with the intent of binding the entire nation to his brand of “common sense.”
But don’t let the governor’s slick performance or per capita numbers fool you – California is no murder-free utopia of peace and love. The truth is, gun control doesn’t protect the law-abiding citizen, and California’s firearm homicides prove it.
Lies, Damned Lies, and Statistics
While the true origin of the phrase “lies, damned lies, and statistics” is – perhaps appropriately – hard to accurately attribute, it reveals an important truth about statistical arguments. No matter what side one takes, there’s sure to be some statistic to back it up.
Advocates of gun control point to the Golden State and say that, since the per capita firearm murder rate is lower than the national average, clearly California-style gun control works. But there are other factors to consider when examining these laws’ success or lack thereof.
“More than 17 percent of the annual firearm murders in the United States occur in gun-controlled California,” Breitbart’s Second Amendment columnist AWR Hawkins recently wrote.
According to the CDC, 2021 saw 3,576 firearm homicides in California – the second highest state total, behind Texas – and 20,958 in the nation. California is the most populous state, it’s true, but that means that less than 12% of the nation’s total population accounts for 17% of gun deaths – despite also having the most gun control. The Golden State also has more school shootings than any other in the Union, a total of 169 since 1970, with Texas coming in second at 135. Furthermore, according to the FBI, California also took first place in “active shooter incidents” in 2021.
Per Capita Rates – Useful, but Potentially Deceiving
In a Twitter tiff with Reeves, Newsom said:
“Can’t wait for you to defend the fact that Mississippi has the highest gun violence death rate in the nation …
“(377% higher than California’s by the way)
“You can’t be serious.”
What Newsom is referring to, of course, is the firearm homicide rate per capita – or per 100,000 people. It’s a form of measurement weighted to account for population differences, as logic suggests a higher population means higher rates of, well, pretty much every human behavior. To some degree, that’s true. But compare two lists of the states side by side, one ranked by either murders per capita or the raw total and the other by population, and that theory quickly falls apart. Simply put, there are more factors contributing to most human behavioral trends than merely how many people happen to be around.
Using the anti-gun Everytown for Gun Safety’s gun law rankings, one can select two states to compare. A look at California and Mississippi seems to back Newsom’s play: California is ranked #1 in the nation, with a gun law strength score of 86.5 and a per capita gun homicide rate of 9. Mississippi comes in dead last at #50 in gun law strength, with a score of just three and a per capita firearm homicide rate of 33.9.
What neither Newsom nor the good folks at Everytown want to discuss, however, is how many people lost their lives in each state. In 2021 – the worst year on record for firearm homicides nationwide, according to the CDC – Mississippi lost 962 people to California’s 3,576.
Here’s another, perhaps more extreme example that demonstrates how per capita rates can be deceiving. Arkansas – this writer’s home state – comes in at #49, according to Everytown. For 2021, the Natural State receives just a 4.5 gun law strength score and rocks a murder rate of 23.3. After compiling the 2014-2021 data for both California and Arkansas using the CDC’s interactive map, it’s clear that all eight years of Arkansas murders combined don’t add up to even the two lightest years in California.
The problem, of course, is simple dilution, and nowhere is that more apparent than when comparing small towns to big cities. Along the Caddo River in southwest Arkansas sits the city of Glenwood, population 2,036. The city-data.com crime tracking table shows total crimes for Glenwood from 2007 to 2020. In that whole 14-year span, there were a whopping two murders – one of which didn’t even involve a firearm. Over the same period, Los Angeles saw 4,214. The average annual count in the much larger city ranged from 251 to 395 and averaged out at 301.
But the per capita rate ranged from 6.4 to 10.2 and averaged 7.7. Now compare that to Glenwood’s 44.5 in 2007 when a single teen was shot under mysterious circumstances (it remains unsolved to this day) and 47.5 in 2018 when one local man stabbed another during a heated argument that turned violent. That small-town per capita rate looks quite intimidating – perhaps more so, with the unsolved murder – but where would you have felt safer during those 14 years?
Where Gun Control Fails
If gun control really worked, California wouldn’t lead the nation in active shooter incidents, school shootings, and come in second in total firearm homicides while also boasting the nation’s strictest laws. Put simply, gun control fails because violent criminals don’t balk at petty crimes like illegally acquiring or possessing something.
Despite what anti-gun Democrats like to say about common sense, they fail to see the actual sense in the words of criminologist Cesare Beccaria, later quoted by Thomas Jefferson in Commonplace Book: “The laws that forbid the carrying of arms are laws of such a nature. They disarm only those who are neither inclined nor determined to commit crimes … Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man.”
https://www.libertynation.com/gun-control-doesnt-work-and-californias-homicides-prove-it/
US Court Of Appeals Rules Felons Can Own Guns — Supreme Court Showdown Is Coming
https://truthpress.com/news/us-court-of-appeals-rules-felons-can-own-guns-supreme-court-showdown-is-coming/
Yesterday, the United States Court of Appeals for the Third Circuit handed down a major ruling in favor of the Second Amendment rights of ex-felons. At issue was the federal “felon-in-possession” law—18 U.S.C. § 922(g)(1), which bars ex-felons from possession of firearms. While it is always risky to bet on granting of review before the Supreme Court, this en banc decision is well positioned for a Supreme Court showdown over the Second Amendment.
The federal law makes it “unlawful for any person . . . who has been convicted in any court, of a crime punishable by imprisonment for a term exceeding one year” to “possess in or affecting commerce, any firearm or ammunition.”
In this case, Bryan David Range pleaded guilty in the Court of Common Pleas of Lancaster County to one count of making a false statement to obtain food stamps. He later explained that he was earning between $9.00 and $9.50 an hour to support his wife and three young children on $300 per week. Range’s wife applied for food stamps but understated Range’s income, which she and Range signed. Range later took responsibility for the misrepresentation.
Range received three years’ probation (which he completed) and had to pay thousands in fines. However, when Range pleaded guilty in 1995, his conviction was classified as a Pennsylvania misdemeanor punishable by up to five years’ imprisonment. That triggered the federal ban. When his wife recently bought him a deer-hunting rifle, he learned that he was barred under federal law. District Judge Gene E.K. Pratter ruled against him.
Judge Pratter looked at five factors to determine whether Range was an “unvirtuous citizen” due to his conviction as a historical justification for the denial of gun possession. Those factors were “(1) whether the conviction was classified as a misdemeanor or a felony; (2) whether the elements of the offense involve violence; (3) the sentence imposed; (4) whether there was a cross-jurisdictional consensus as to the seriousness of the crime,… and (5) the potential for physical harm to others created by the offense.” The government conceded that four of the five favored Range, but Pratter found that he was still properly barred under the “cross-jurisdictional consensus” among other states.
Judge Thomas Hardiman wrote the majority opinion, supported by nine of fifteen judges. Four judges (Shwartz, Restrepo, Krause, and Roth) dissented.
The majority declared:
In sum, we reject the Government’s contention that only “law-abiding, responsible citizens” are counted among “the people” protected by the Second Amendment. Heller and its progeny lead us to conclude that Bryan Range remains among “the people” despite his 1995 false statement conviction. Having determined that Range is one of “the people,” we turn to the easy question: whether § 922(g)(1) regulates Second Amendment conduct. It does. Range’s request—to possess a rifle to hunt and a shotgun to defend himself at home—tracks the constitutional right as defined by Heller. 554 U.S. at 582 (“[T]he Second Amendment extends, prima facie, to all instruments that constitute bearable arms, even those that were not in existence at the time of the founding.”). So “the Second Amendment’s plain text covers [Range’s] conduct,” and “the Constitution presumptively protects that conduct.” Bruen, 142 S. Ct. at 2126.
Gene Volokh noted that the Supreme Court could grant cert”in conjunction with the Fifth Circuit domestic civil restraining order automatic disarmament case, U.S. v. Rahimi. As a practical matter, this is a much more important case than Rahimi (which itself is quite important).”
The case has one of the strongest profiles for review by the Supreme Court. There is now a split among the circuits and this is a well-argued en banc decision. It also is an appeal that would be made by the United States over the invalidation of a federal statute. If you were a betting person, this is your best bet for a grant of the writ of certiorari.
If accepted, the case would present a question that I flagged during the confirmation hearings of Justice Amy Coney Barrett. At the time, I was particularly interested in her dissent in Kanter v. Barr. Rickey Kanter was convicted of one count of felony mail fraud for defrauding Medicare in connection with therapeutic shoe inserts. The Seventh Circuit panel split 2-1 with Barrett in dissent. Focusing on the “history and tradition” of such restrictions, Barrett also took on the voting rights and jury service point with a key distinction:
“The problem with this argument is that virtue exclusions are associated with civic rights—individual rights that “require[ ] citizens to act in a collective manner for distinctly public purposes.” See Saul Cornell, A New Paradigm for the Second Amendment , 22 LAW & HIST. REV. 161, 165 (2004). For example, the right to vote is held by individuals, but they do not exercise it solely for their own sake; rather, they cast votes as part of the collective enterprise of self-governance. Similarly, individuals do not serve on juries for their own sake, but as part of the collective enterprise of administering justice…
Heller , however, expressly rejects the argument that the Second Amendment protects a purely civic right. Moore v. Madigan , 702 F.3d 933, 935 (7th Cir. 2012). It squarely holds that “the Second Amendment confer[s] an individual right to keep and bear arms,” Heller , 554 U.S. at 595, 128 S.Ct. 2783 (emphasis added), and it emphasizes that the Second Amendment is rooted in the individual’s right to defend himself—not in his right to serve in a well-regulated militia, id. at 582–86, 128 S.Ct. 2783.”
Range has obviously strong analogies to Kanter and could allow now Justice Barrett to revisit the issue in a major new Second Amendment opinion.
yeppers.......
Federal Court Delivers Setback To Biden ATF’s Far-Reaching Pistol Brace Rule
A federal court has blocked a Biden administration rule that would regulate braced pistols as short barrel rifles.
The Firearms Policy Coalition (FPC) filed a lawsuit against the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) in January over a new rule that mandates pistol brace owners register their guns as short barrel rifles or face up to 10 years in jail and a $10,000 fine. The Fifth Circuit Court of Appeals issued a preliminary injunction pending appeal against the rule Tuesday “as to the Plaintiffs” in the case.
https://dailycaller.com/2023/05/23/federal-court-delivers-setback-to-biden-atfs-far-reaching-pistol-brace-rule/
Judge Rules Banning 18-20 Year Olds From Purchasing Firearms Is Unconstitutional
Judge says 18 was the age of majority for acquiring and possession firearms during the nation's founding period
https://timcast.com/news/judge-rules-banning-18-20-year-olds-from-purchasing-firearms-is-unconstitutional/
Matt Gaetz brings AR-15 to gun control hearing
~~~ ATF gun store restrictions ~~~
(8:23)
At the highest rate in sixteen years
HalfDollar48
This is disarmament ahead of genocide
~~~ By governments ~~~
(17:59)
Against the people
For more updates, visit: http://www.brighteon.com/channel/hrreport
NaturalNews
Culture and conflict resolution
~~~ Second amendment, gun control ~~~
(47:26)
And cultural de-escalation for America
To learn more, visit: https://topshotchris.com/
For more updates, visit: http://www.brighteon.com/channel/hrreport
NaturalNews
U.S. Woman Faces Ten Years For Flying to Australia With Gold-Plated Handgun
https://www.breitbart.com/europe/2023/04/25/u-s-woman-faces-ten-years-for-flying-to-australia-with-gold-plated-handgun/
yep and from NJ as well............
" Bingo " .. !!
The problem in Colorado is that a bunch of Kalifornicators moved there to escape the liberal la-la land they lived in, but brought their liberal idiot ways with them. Colorado used to be a great state in which to live.
CO Democrats are trying to pass a law that makes it illegal
to discharge a firearm on your OWN PRIVATE PROPERTY...
so people with acreage like myself....it would be illegal...
and I have a cliff as a back stop........
so yep, I absolutely despise Democrats from now and ever more.......
they can do all the good they want.........
but will NEVER EVER TRUST ONE EVER AGAIN...........
RFK jr...nope..........not one of them, not ANY OF THEM............EVER
if that's the only choice on a ballot
leave it blank....
actually that's what I did last time
at that range, all you need is a shotgun with 00 or a slug
unreal-- ONE SHOT -- all you need!
that and the 2nd Amendment was also in place to protect us from an abusive gov't.
dayum........you gotta be a bit nutz to have something like that
and put it to your shoulder.........broke the 2x4....that was pretty cool
Armed Citizen Shoots 3 Robbers That Were Robbing A Gas Station in Houston
That's good
Experience means something
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