Archive for the ‘Second Amendment’ Category

Insanely left or insane lefties at MSNBC are blaming the National Rifle Association for the ebola outbreak.

Actually, that is one of the primary responsibilities of the United States surgeon general. There’s just one problem: Thanks to Senate dysfunction and NRA opposition, we don’t have a surgeon general right now. In fact, we haven’t had a surgeon general for more than a year now — even though the president nominated the eminently qualified Dr. Vivek Murthy back in November 2013.

He’d be one of those people who sees your right to protect yourself as a matter of “public health” requiring him to start regulating your rights – again, in the name of “public health”.  Of course, without the NRA to blame, there’d still be Manbearpig.

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Meanwhile, in California, Governor Jerry “Moonbeam” Brown has signed a bill that allows family members to petition judges to remove their family members’ rights.

SACRAMENTO, Calif. (AP) — California will become the first state that allows family members to ask a judge to remove firearms from a relative who appears to pose a threat, under legislation Gov. Jerry Brown said Tuesday he had signed.

This does nothing to deal with the root causes of maniacal violence – that of the maniac.  Institutionalization is still nigh-impossible, yet removing constitutional rights without a trial, a hearing, or their knowledge from family members who said the wrong thing after Thanksgiving dinner is easier than ever.  Stasi-tastic!

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And in even less fun economic news, the US is churning about $8,000,000,000,000 in debt.

When discussing the national debt, most people tend to only focus on the amount that it increases each 12 months.  And as I wrote about recently, the U.S. national debt has increased by more than a trillion dollars in fiscal year 2014.

But that does not count the huge amounts of U.S. Treasury securities that the federal government must redeem each year.  When these debt instruments hit their maturity date, the U.S. government must pay them off.  This is done by borrowing more money to pay off the previous debts.  In fiscal year 2013, redemptions of U.S. Treasury securities totaled $7,546,726,000,000 and new debt totaling $8,323,949,000,000 was issued.  The final numbers for fiscal year 2014 are likely to be significantly higher than that.

So why does so much government debt come due each year?

Well, in recent years government officials figured out that they could save a lot of money on interest payments by borrowing over shorter time frames.  For example, it costs the government far more to borrow money for 10 years than it does for 1 year.  So a strategy was hatched to borrow money for very short periods of time and to keep “rolling it over” again and again and again.

Eric Holder’s calling it quits.

And congress is still proceeding with looking into Fast and Furious, now years later.

The contempt of Congress case against Attorney General Eric H. Holder Jr. — the first sitting Cabinet member ever to face such a congressional rebuke — will continue even after his resignation takes effect, but it’s unlikely he will ever face personal punishment, legal analysts said Thursday.

Mr. Holder, is expected to announce his resignation later Thursday, and Tom Fitton, president of Judicial Watch, said the timing is not accidental: A federal judge earlier this week ruled that the Justice Department will have to begin submitting documents next month related to the botched Fast and Furious gun operation in a case brought by Judicial Watch.

“I don’t think it’s any coincidence he’s resigning as the courts are ruling the Fast and Furious information has to be released,” Mr. Fitton told The Washington Times.

It’s not a coincidence.  He’s quitting so he can dodge criminal charges that would stick.

Last month’s news:

A federal judge has ordered the Justice Department to provide Congress with a list of documents that are at the center of a long-running battle over a failed law enforcement program called Operation Fast and Furious.

In a court proceeding Wednesday, U.S. District Judge Amy Berman Jackson set an Oct. 1 deadline for producing the list to the House Oversight and Government Reform Committee.

He’s quitting so the Democrat-held senate can force a successor through, just in case the Democrats lose the senate in the mid-term elections.

He’s also quitting so that he won’t be in office and thus will be eligible for presidential pardons.

holder fucks

He stonewalled long enough to slither out of office, but no doubt his successor will be a miserable leftist as well and Holder will be back as a consultant or advisor or in some other role where he can continue his schemes.

From my9NJ, last month:

shaneen allen pa nj

27 year-old Shaneen Allen wanted to protect her family. She took a gun safety course, applied for and was granted a concealed carry permit and she purchased a gun.

“One of my family members, he thought it was appropriate for me to get one because I’m a single mother and I have two children and I work two jobs and I work late and getting up at that time of night I got robbed twice last year and he felt the need for me to get my license to protect me and my kids,” Allen explained.

However, while Allen, from Philadelphia, was covered to carry a gun in Pennsylvania, she made the mistake of crossing into New Jersey with the weapon and now she’s facing a mandatory minimum of three-years in jail.

Allen said that she didn’t know her permit didn’t apply to New Jersey so when she was stopped for a minor traffic offense she told the police about her gun and her permit to carry. In this case, being honest may have cost her.

“The judge tried to tell me that telling the truth messed me up, my life up and the cop said the same thing. Me opening my mouth and speaking out he said I’m one out of ten people that spoke up and was honest and that got me in trouble,” she said.

She’s facing a lot of prison time for the mistaken assumption that she has rights:

After hearing about the case, most people thought there’s no way she would do time for an honest mistake. Well, yesterday she was in court and she can now face a maximum sentence of 11.5 years in prison. Ten years for possession of a weapon and another 18 months for possession of the bullets.

Hollowpoint ammunition is illegal in NJ.  Hollowpoints to NJ legislators are scary evil death bullets.  To those who understand how guns work, they’re effective at energy transfer and thus more effective at stopping threats to one’s life, and they also tend to not overpenetrate and are thus safer for anyone who might be standing behind a threat to someone’s life.

Allen’s attorney Evan Nappen discussed how a person with no prior offenses could end up spending a decade behind bars for being honest.

“New Jersey’s gun law is as unforgiving as a prosecutor or judge wants to make it. Either of those two, the judge or the prosecutor could have taken steps to relieve Shaneen from this situation, but it didn’t happen,” he said.

Nappen said that not only did the judge not dismiss the case, but the prosecutor will not allow her into a pretrial intervention to avoid jail time.

And now her life is being destroyed:

Allen is a single mother of two boys with no criminal record who was working three jobs at the time she was arrested. She said she got the gun to protect herself because she was working late nights. Now since the incident, Allen has lost her jobs, is in danger of losing her house and is struggling to support her family.

“I’m not even proven guilty and I have this hold on my criminal background right now and it’s stopping me from working. Every time they run it they’re gonna see pending or unlawful possession. I feel like I’m already made a criminal,” she said.

Her lawyer did make some good points and had no problem understanding that gun control has racist roots:

When asked for a comment on the case, Evan Nappen, Esq., stated, “New Jersey has a history of racist and sexist gun laws. Women are denied the means of self-defense against larger stronger men.”

New Jersey’s earliest gun laws banned Blacks and Indians from possessing guns. Apparently, not much has changed. End the madness. Pass the national carry reciprocity law in which gun licenses would be recognized by every state and be treated much like drivers licenses. No more innocent victims of New Jersey draconian, racist, sexist gun laws, that are out of step with the rest of America.”

original6465700x700 gun control favored by racists photo by oleg volk-

Now, let’s put this NJ obscenity in context of the Constitution:

A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.

I must’ve missed the asterisk that adds *except in New Jersey, where the right of the people to keep and bear arms shall result in 10 years in prison for possession of arms and no less than 1 1/2 years for possession of ammunition for said arms.

Even with the Heller decision’s half-unconstitutional assertion that only arms in common use are protected (which is wrong and it’s wrongness is explained here), Shaneen Allen’s rights would still be inviolate.  The McDonald v Chicago and now Palmer v DC victories make it clear that you can’t have outright bans on possession of firearms or even carrying of firearms.  In no world does the right to bear arms mean you can’t bear arms.

otis mcdonaldOtis McDonald of McDonald v Chicago, to put a face with the name.

The NJ law is wholly unconstitutional, as it denies the natural right of self defense to people from outside the state (and inside the state, too).  If you’re a tourist in NJ, you’re either a criminal or a target.  If you’re a peaceable, peaceful citizen who’s working hard to obey laws, you’ll find yourself the target of the state and statist supporters who demand you be crucified in the name of hoplophobia.

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In contrast to the perpetual media stereotype, and interestingly if you’re on the left and don’t understand that gun rights are universal human rights for everybody, in the Chasing NJ video, it’s the heavyset white guy who’s defending Shaneen Allen, while the black woman demands she be made an example of because it becomes the responsibility of the “registered” gun owner to know every law that can be used against you, even if such laws cannot coexist with the Constitution.

The Constitution is the law of the land, so that argument should be moot to begin with, but assuming the Constitution has no weight in NJ (which apparently it doesn’t), then there’s still the idea that a loyal minion of the state must know all the laws.  I don’t think the black woman demanding Shaneen Allen be crucified has ever heard of laws like the Lacey Act, the Migratory Bird Act, or Wickard v Filburn, which are laws and rulings that mean a clever law enforcement officer could arrest her for the clothes on her back and make a charge stick based solely on the content of the cloth.

The law certainly could get her if she decided to have lobster for dinner one night, so anyone advocating the position that there should be radically different state laws – especially those that somehow operate in absurd violation of the Constitution – had best start getting reading.  “Ignorance is no defense” works if you have 10 or 20 or even 100 laws, not when you have thousands of feet of laws on bookshelves.

And unlike those examples, again, there also is not a specifically enumerated right in the Constitution specifically outlining that the pre-existing natural right of the people to keep and bear arms shall not be infringed.

If NJ were to treat the Thirteenth Amendment like they do the Second Amendment… well… actually things would be about the same for Shaneen, but for the woman in the media telling Shaneen she needs to go to prison for a decade things wouldn’t be so good.  She’d suddenly be wondering how she and Shaneen are being treated so poorly and not understand that it was her own desire to undermine the Constitution.

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Also, if NJ Governor Chris Christie wanted to be a serious candidate for president, Shaneen Allen would already be released.

But he’s a RINO who supports illegal aliens and more unconstitutional infringements on citizens’ rights.

From Katie Pavlich:

Thanks to a Freedom of Information Act Lawsuit pursued against the Department of Justice by government watchdog Judicial Watch, the U.S. District Court for the District of Columbia has ruled documents being withheld from Congress under President Obama’s claim of executive privilege must be turned over. Obama made the claim on the same day Attorney General Eric Holder was voted in criminal and civil contempt of Congress in June 2012.

It’s been a very long road to this point, but now there’s an order to comply.

The documentation DOJ is required to now turn over is a “Vaughn index” of “all requested Fast and Furious materials from a June 2012 Judicial Watch FOIA request.”

A Vaughn index must: (1) identify each document withheld; (2) state the statutory exemption claimed; and (3) explain how disclosure would damage the interests protected by the claimed exemption.” In ordering the DOJ to provide Judicial Watch the Vaughn index, the Court ruled, “In this circuit, when an agency is withholding documents under exemption claims, courts require that the agency provide a Vaughn index so that the FOIA requester – at a distinct informational disadvantage – may test the agency’s claims.”

Of course, the problem is going to be that the documents will all be “lost”.  The DOJ will simply have gone through a dozen hard drive crashes and documents will never be returned or found and will all be “accidentally” destroyed somehow.

Lois Lerner

Lois Lerner’s probably already working over at DOJ.

The Obama DOJ has already shown it will murder people and arm narcoterrorist cartels.  The Obama administration has destroyed evidence over much less than an international conspiracy to murder.  Why would they follow a judge’s order?  And why would any incriminating documents still exist?  They’ve had years now to cover up their crimes and destroy evidence because those seeking the truth are limited to legal means, while the criminals in the White House and DOJ are totally free to commit crimes free of all repercussions.

But they’re still the most transparent administration ever.  Sort of like how Michael Moore is the world’s fittest man.

I guess the blacked-out stacks of pages DOJ sent to the House Oversight & Reform committee will be the closest we’ll probably see, but reminds us again of the thugs in the adminstration we’re dealing with:

That's not a print of Malevich's "Black Square".

DC Anti-Carry Law Overturned

Posted: July 28, 2014 by ShortTimer in Government, Guns, Second Amendment, Washington DC

From Alan Gura:

Justice never sleeps…. not even on a Saturday afternoon, when this opinion was just handed down.

In light of Heller, McDonald, and their progeny, there is no longer any basis on which this Court can conclude that the District of Columbia’s total ban on the public carrying of ready-to-use handguns outside the home is constitutional under any level of scrutiny.

Of course, it’s only until DC can make a new law that’s only slightly less onerous.  But there is this for now:

Furthermore, this injunction prohibits the District from completely banning the carrying of handguns in public for self-defense by otherwise qualified non-residents based solely on the fact that they are not residents of the District.

From Gura:

In 2012, I won Moore v. Madigan, 702 F.3d 933 (7th Cir. 2012), which struck down Illinois’ total ban on the carrying of defensive handguns outside the home. With this decision in Palmer, the nation’s last explicit ban of the right to bear arms has bitten the dust. Obviously, the carrying of handguns for self-defense can be regulated. Exactly how is a topic of severe and serious debate, and courts should enforce constitutional limitations on such regulation should the government opt to regulate. But totally banning a right literally spelled out in the Bill of Rights isn’t going to fly.  My deepest thanks to the Second Amendment Foundation for making this victory possible and to my clients for hanging in there. Congratulations Americans, your capital is not a constitution-free zone.

Not sure I agree with Gura on the “obviously… can be regulated” part.  The Second Amendment is pretty clear that the right of the people to keep and bear arms shall not be infringed.

Also not sure I agree with the “obviously… can be regulated” because once DC comes up with some new unconstitutionally absurd laws (mag limit of one round, no carrying within 10 miles of a school zone, etc.), this will have to be revisited.  That’s also why I’m more of an absolutist on 2A – as passively allowing regulation of a right has gotten us to the point where people can’t exercise the right at all, and where using the natural right of self-defense often gets the very people the law should protect (the law-abiding, peaceable but self-defending citizen) into hassles with statists who resent the authority the individual retains to self-defense.

The fact that an outright ban on a constitutional right even existed for any period of time in the nation’s capitol is hideously offensive, and it’s incredibly hypocritical for the seat of federal government to have utterly shat on the Bill of Rights for decades.

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But all that aside, Gura got it overturned, and it’s a very good step in the right direction.  Kudos to him and to the Second Amendment Foundation and all those other 2A groups that gave their support.

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Update:

According to Emily Miller, who’s been on this story for years:

DC police chief Lanier, using guidance from AG — grants full reciprocity for all open and concealed carry from others states.

Again:

Per DC Police Chief Lanier, the only gun arrests allowed now are DC residents with unregistered guns and non-residents who are prohibited under federal laws from possessing firearms. Everyone else is in the clear.

Via Jawa Report, from TheTruthAboutGuns:

An alert reader emailed TTAG central with news that Armatix GmbH – makers of the iP1 “smart gun” – filed a patent application that included a remote kill switch for the firearm. Click here to view patent EP 1936572 A1, dated 2006. (Not a bug; a feature!) I’m not a patent attorney or an electrical engineer, but as far as I can tell this is the bit (translated from the original German) that indicates remote disabling . . .

Preferably, the inventive device is designed such that the device or the activated identification medium authenticated in response to a signal transmitted from a remote station to the device wake-up and request signal, whereupon the remote station a logical and / or physical access or access to one and allows or prevents a target device . . .

Preferably, the apparatus of the invention can be controlled remotely, for example via satellite and can send information to a satellite.

From looking at it in German (ich kann ein bisschen Deutsch), the translation looks pretty well correct.

Can’t say this is all that unexpected.  For a while now, we’ve been talking about the tech tricks of gun banners that aren’t there for safety, but for control; the creepy silicon vally company that wants to change the gun world to all “smart” guns; and Eric Holder spending millions on “smart” gun technology.

Of course a remote shut-off is the next step, along with so many regulations that ownership becomes either criminal or only a luxury for the super-rich, as things are in other progressive nations.  This is a long march through gun culture for them.  Fortunately it’s still a difficult one for the most part.

Via Washington Free Beacon:

Attorney General Eric Holder said on Friday that gun tracking bracelets are something the Justice Department (DOJ) wants to “explore” as part of its gun control efforts.

Technological tricks are par for the course for anti-rights gun banning autocrats.  Technology becomes a tool to ban things – just mandate a feature for “safety” (especially when it’s the antithesis of safe) and suddenly all the things they want to ban can be banned in the name of “safety”.  Then soon enough the last thing wasn’t “safe” enough, and it can be banned, too.

What’s perhaps even more disturbing is the amount of money going into this:

The Justice Department has requested $382.1 million in increased spending for its fiscal year 2014 budget for “gun safety.”

Included in the proposal is $2 million for “Gun Safety Technology” grants, which would award prizes for technologies that are “proven to be reliable and effective.”

President Barack Obama’s budget proposal also calls for $1.1 billion to “protect Americans from gun violence—including $182 million to support the president’s ‘Now is the Time’ gun safety initiative.”

The same Department of Justice that sent guns to Mexican narcoterrorist cartels now wants a third of a billion dollars to spend to target you and your rights.  Eric Holder brought plenty of “safety” to Mexico and the border, and then hushed it up afterwards.

fast and furious 2010 massacre teens

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Suddenly a tech firm going after the American gun industry to consolidate it and control it and provide high-tech “safety” would be of even more interest to a government spending $382,100,000 on gun “safety”; with $2,000,000 for tech proof of concept.

There are numbers for different specifics within Holder’s PDF request, but considering the Holder DOJ’s established policy of lying, withholding information, and Holder currently still held in contempt of congress for stonewalling and lying, pardon me if I consider those numbers to be a huge pile of crap.

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Update: Katie Pavlich weighs in on the subject at Townhall, adding in an almost Colombo-esque “one more thing”:

As a reminder, Attorney General Eric Holder is sill in contempt of Congress for his stonewalling and failure to cooperate with the Oversight Committee Investigation into Operation Fast and Furious. Further, lets not forget Holder is also the guy who said we should “brainwash” people against guns.

She also notes Bob Owens breaks things down a bit more Barney-style, reminding folks that “gun tracking bracelets” really means “smart” gun technology like a radio-transponder bracelet-gun combo that is only activated when worn, but longtime readers probably remember this story where I broke it down here, and other folks probably already clicked on it above (the “technological tricks” link).  So it’s updated and noted now for folks who may be reading this on smartphones or devices where links are a PITA, rather than at a computer terminal.

HotAir has also picked up the story.