Archive for the 'Gun Control' Category



The New York Times On Using Bad Cases To Infringe On The Rights Of Good Men

BY Herschel Smith
1 day, 2 hours ago

NYT.

It was 2:30 a.m. on Valentine’s Day last year when a detective watching a live camera feed from a major Queens thoroughfare spotted a man in a minivan who appeared to be holding a gun.

The police said they had quickly arrested the man, Robert Homer, and found a loaded Glock pistol in his pocket. When they checked his criminal record, they saw that he had a sex trafficking conviction. That made him ineligible for a gun license under federal law. He was indicted and pleaded not guilty to a charge of being a felon in possession of a firearm.

The case is now in jeopardy after a federal judge in Brooklyn ruled on Feb. 5 that the police did not have probable cause to stop Mr. Homer. In the ruling, the judge, Nicholas G. Garaufis, cited a 2022 Supreme Court decision that found U.S. citizens have a broad right to carry concealed firearms, overturning longstanding New York regulations. The case involving Mr. Homer is the latest test of gun laws in the state, where officials continue to grapple with how to square a legacy of strong gun control with the 2022 ruling.

Just nine days after Judge Garaufis’s decision in Mr. Homer’s case, a defense lawyer in a different gun case cited the ruling in state court in Manhattan, saying he understood it to mean that having a gun did not provide probable cause for a stop. The judge in the state case, Abraham Clott, said he disagreed with the federal judge’s conclusion.

The Supreme Court decision — in New York State Rifle & Pistol Association v. Bruen — “has really upended America’s laws,” said Adam Winkler, a professor at U.C.L.A. Law. That it has come up in connection with Fourth Amendment questions about probable cause in the Homer case “just shows the profound impact that Bruen is having,” he added.

Mr. Homer’s lawyer cited the Bruen decision in July when she moved to suppress evidence in the case. The lawyer, Marissa Sherman of the Federal Defenders of New York, argued that the police had not had probable cause to believe a crime was being committed when they searched Mr. Homer and found the gun.

If carrying a gun is not presumed to be illegal — as it might have been in New York before the Bruen decision, given the state’s tight regulations — then the simple sight of a gun would not be reasonable cause to stop someone, she argued.

Judge Garaufis agreed. The question after Bruen, he wrote, was whether a police officer who sees an unidentified person with a gun “has an objectively reasonable ground to believe that person is guilty of a crime.”

In Mr. Homer’s case, the judge concluded, the answer was no.

You see what the author of the article has done right out of the gate, yes? She has appealed to emotion and connected so-called “stop and identify” statutes with the only tangentially related Bruen decision. Let’s explore a bit more what I’m saying.

As I have said, I have about as much use for the Fourth Circuit as I do the toe-jam on my feet, but occasionally even they get things right. One of the few times in recent memory has to do with U.S. versus Nathanial Black. Very briefly, Black was observed carrying a firearm, and for that, the Charlotte-Mecklenburg Police stopped him, found out he was a convicted felon, and charged him for that (the story is actually a bit more complicated, in that Black was part of a group who had been stopped for open carry). Here is the problem: open carry is entirely legal in North Carolina. As stated in the ruling, “Being a felon in possession of a firearm is not the default status. More importantly, where a state permits individuals to openly carry firearms, the exercise of this right, without more, cannot justify an investigatory detention.”

Black’s case was thrown out. For the case in New York, the individual would never have been suspected of a crime had the state not fought Heller and Bruen so viciously. Another way of saying it is that this case seems to me similar to Black, in that the real issue in the New York case isn’t that he allegedly shouldn’t have been in possession of a firearm, but that there was no right to an investigatory detention (New York laws should long ago have been amended to reflect Bruen).

So this is a case about the (il)legality of stop and identify laws and their violation of the fourth amendment, not firearms. The writer has made this case about firearms. If that awful Bruen decision hadn’t been made, she’s implying, this would never have occurred. It’s hamstringing the police.

Let’s continue.

On the night of Mr. Homer’s arrest, Detective Nicholas Conte of the 113th Precinct was watching a video feed from the Argus surveillance system, which the police use in high-crime areas. Detective Conte testified last year at a hearing before Judge Garaufis that after a homicide, he had been assigned to a long-term investigation into a criminal gang whose members hung out on the stretch of Guy R. Brewer Boulevard where he saw Mr. Homer.

Raffaela S. Belizaire, a prosecutor, wrote in a court filing that Detective Conte saw Mr. Homer shoving a firearm into his pants pocket as Mr. Homer sat in the driver’s seat of a parked van with two passengers inside. The detective testified that he had recognized the van as one used by the gang’s members but that he could not see the license plate number.

Ms. Belizaire wrote in the filing that officers had gotten to the van within minutes of Detective Conte’s spotting the gun and had pulled Mr. Homer out, and that the episode had been captured on the officers’ body-worn cameras.

Judge Garaufis, who was appointed to the federal bench by President Bill Clinton, said in his ruling that although the detective had determined Mr. Homer had no “firearm discipline” given the way he put the gun in his pocket, he had not observed other suspicious behavior. Mr. Homer “could have plausibly been licensed to carry the firearm,” the judge wrote.

New York City’s history of strong gun control includes the issuing of few so-called concealed-carry licenses: just 7,384, a number equal to only 0.1 percent of the city’s adult residents, were active the day the Bruen case was decided, according to an affidavit filed by Sgt. David Blaize of the Police Department’s License Division along with a recent prosecutors’ motion. Applicants used to have to show that they faced “extraordinary personal danger” to obtain such a license, Judge Garaufis noted in his ruling.

After the Bruen decision, New York lawmakers passed new laws that directed officials to issue licenses to applicants who completed safety training, passed a firearms test and provided references to attest to their “good moral character.” Even so, the judge wrote, the state’s revised post-Bruen law was “broad enough that even alleged gang membership would not necessarily preclude the licensing officer from granting a firearm license.”

Felons still cannot possess guns in New York, and state law prohibits guns in sensitive areas, including on the subway, in Times Square and around schools. On the day Mr. Homer was arrested, eight months after the Bruen decision, the number of concealed-carry licenses had increased by just 237, according to the affidavit.

Judge Garaufis said in his ruling that the police could have stopped Mr. Homer, frisked him and run a license check to see whether there was probable cause to arrest him, but they arrested him immediately instead.

No, they could not have taken that approach. The judge is wrong. That relies on stop and identify statutes which are unconstitutional, and had I been his defense attorney that’s the defense I would have built.

Further, the judge wrote, a “reasonably cautious police officer” would not assume that an “unidentified alleged gang member was a felon.” He also found that the link between the van and the gang was “tenuous at best.”

Michael Alcazar, a professor at John Jay College of Criminal Justice in New York and retired New York City police detective, said the decision was at odds with the real-time assessments officers must make.

If an officer “believes this person is gang-affiliated and he has a gun, most police officers, most detectives, are not going to stop — their main goal is to protect the public and to protect themselves from a potentially deadly situation,” Professor Alcazar said.

No, the professor is wrong, and supremely so. Police are concerned about their own health and safety, even to the exclusion of those around them. He [should] know better than to think that it’s the role or duty of the police to protect the public. Courts have said not.

Castle Rock v. Gonzalez

Warren v. District of Columbia

DeShaney v. Winnebago County

A law or criminal justice professor should know these things. Let’s finish with this silly article.

In a March 1 motion asking Judge Garaufis to reconsider, prosecutors argued that his decision was “unworkable,” would create practical difficulties for the police and would put them and the public in danger.

The judge, they argued, had created “a new legal standard for probable cause” for New York gun arrests that would require officers to release people if they could not determine immediately whether they had a gun license. That would be particularly problematic in crowded places or with people who do not identify themselves, the prosecutors wrote.

[ … ]

Eric Ruben, a professor at Southern Methodist University’s Dedman School of Law in Dallas and a fellow at the Brennan Center for Justice at N.Y.U. Law, cautioned that it would take a long time to resolve the swirl of legal questions related to gun possession in light of the Bruen decision.

No, the professor is wrong. This isn’t a gun case. This is a stop and identify case. And Bruen was as clear as Heller was, as McDonald was, as Caetano was, and Staples was. There is nothing unclear about it – they just don’t like it, any more than Judge Frank Easterbrook on the seventh circuit will ever abide by those supreme court precedents.

So to sum up, the author has written an article based on appeal to emotion, the professors have turned this from a stop and identify case to a gun case, they’ve asserted that Bruen in unclear, All of that is wrong.

In order to provide at least a little bit of clarity, Heller was about a gun ban case (the seventh circuit seems to be relying on Bruen, when Heller is the relevant decision). If a law touches fingers with the second amendment, the burden shifts to the government to (a) come forward with historical analogue laws that show a history of bans, and (b) shows that the arms in question are NOT in common use (since an arm in common use cannot be both dangerous and unusual). Since there are no historical analogues, and since the arms in use today, including AR-15s, are commonly owned for lawful purposes, the government loses. The end.

Bruen was about the bearing and carry of those arms. Bruen didn’t revisit Heller. It relied on Heller (and Staples, and Caetano, and McDonald). Here is a great submittal to the SCOTUS by friend of The Captain’s Journal Stephen Stamboulieh. A better brief to the court you will never read. I will write more on this tomorrow.

Here is a good video by Mark Smith explaining all of this.

Here’s a note to the NYT. This is why people hate you. This is why the legacy media is going bankrupt.

Here’s a note to the attorneys to whom the author reached out. This is why you need to do more reading and study. You don’t get out enough. You are cloistered in your own little circles and refuse to hear opinions with which you disagree.

This is why America hates you.

Brady Sets Its Sights on NSSF

BY Herschel Smith
1 day, 3 hours ago

Epoch Times.

“Luckily, we at Brady know how to fight the NSSF because we’ve been fighting the NRA for years, and we’re seeing the disgraceful end of their organization play out because of our dedicated work,“ the email, written under the name Kris Brown, president of Brady, reads. ”We may know their tricks, but we’re going to need all the support we can get if we’re going to overcome another extremist gun lobby group, and that’s why I’m reaching out today.”

The email doesn’t specify how Brady assisted New York Attorney General Letitia James. But it does provide a list of its complaints against the NSSF.

According to the email, the NSSF spends millions of dollars lobbying on behalf of the gun industry. The email says the NSSF opposes universal background checks and state laws to allow lawsuits against gunmakers whose products are used in the commission of a crime and has branded President Joe Biden as “waging war on the Second Amendment.”

Mr. Oliva said the email contains tiny bits of truth while leaving out significant facts.

When it comes to background checks, he said groups such as Brady are late to the party.

“I think it’s important for everyone to understand that the firearms industry was actually the progenitor. We came up with the point-of-sale background check system,” Mr. Oliva said.

According to Mr. Oliva, this resulted in the National Instant Criminal Background Check System (NICS).

He added that NSSF came up with the Fix-NICS plan after it was clear that not all states were sending relevant records to the FBI for NICS. This resulted in federal legislation to make the background check system truly keep guns out of the wrong hands, he said.

“Brady had nothing to do with that,” Mr. Oliva said.

Yeah, I’d rather NSSF focus their efforts on ending the background check at all rather than make it better or help codify it.

NSSF is an industry advocacy group, not a gun owners advocacy group. To the extent we can cooperate with them on important things, I’m okay with that. But we may find ourselves in different ends of the spectrum on certain issues, and when we do, I will see them as my enemy.

As long as Brady focuses on NSSF, they ignore GOA and FPC. That’s fine with me. GOA and FPC is where the action is.

ATF Director Frustrated That Congress, The Courts, and the Public Don’t Want ATF to Make Their Own Gun Control Laws

BY Herschel Smith
1 week, 1 day ago

Source.

Director Dettelbach bemoaned that Congress refuses to give him the authority to implement universal background checks. In fact, Congress has roundly rejected that idea because the Department of Justice (DoJ) admitted that for universal background checks to work, every law-abiding gun owner would need to be placed on a national firearm registry. That’s forbidden by federal law.

“So again, really, you know, people ask me, what’s my top priority? What’s my- what’s my wish list? I think the reality is it’s going to be a lot of things that we have to do to get out of this situation to make things better,” Director Dettelbach said. “… if Congress wants to consider more on universal background checks…”

Well then, just declare him god and maybe he will be happy.

On a serious note, the days of law enforcement on any level simply enforcing the law are gone forever. On the local level, witness the number of police union representatives and local cops and sheriffs who turn out to oppose constitutional carry, just like SLED did in South Carolina.

As if being in law enforcement gives someone the right to weigh in as mafioso concerning what changes are to be made in society!

The Controllers Will Do Anything And Play Any Game To Disarm The People

BY Herschel Smith
1 week, 6 days ago

‘Mentally Incompetent’ Americans Would Have Access to Guns Under New Bill

BY Herschel Smith
2 weeks ago

Yeah. That’s the headline. This is the source.

A deal made by congressional leaders to avert a partial shutdown of the U.S. government includes an attempt to ease some veterans’ access to gun ownership, even when they are deemed “mentally incompetent” to handle their own finances.

The $436 billion funding package agreed on by congressional lawmakers Wednesday extended the deadline for the expiration of funding for government agencies—including the military and Department of Veteran Affairs—from March 1 to March 8. It was the fourth extension painstakingly agreed on by a divided Congress during this fiscal year, but it spelled optimism that a deal for the long-term budget plan could be reached later this year.

Among the victories touted by Republicans in this deal is a bill that would eliminate the decades-old ban on gun ownership for veterans deemed unfit to possess a firearm—a measure gun-rights advocates have long protested.

Gun Owners of America, a nonprofit lobbying organization that promotes gun rights, wrote about the elimination of the ban on X, formerly Twitter.

“Congressional deal cuts funding to the ATF,” the organization said, referring to the Bureau of Alcohol, Tobacco, Firearms and Explosives, “and eliminates a 20+ year old gun ban for veterans. It also temporarily reauthorizes the archaic Undetectable Firearms Act of 1988.”

By law, the Department of Veterans Affairs can report the names of veterans deemed mentally incompetent to handle their VA funds to the FBI’s National Instant Criminal Background Check System—which is used for criminal background checks during the purchase of firearms—without a judge’s order.

According to this database, a veteran found mentally incompetent under VA regulations and assigned a fiduciary to take care of their finances can be banned from buying a gun, as the veteran is considered a danger to themselves or others.

You know who gets swept up in this net? Soldiers, Sailors, Airmen and Marines, who have assigned financial responsibility to their mother, father or spouse, for the time they are deployed. They do this for the simple reason that they are in no position to do the books, challenge false charges, and all the things that go with having fiduciary responsibilities.

That’s right. Innocent servicemen get swept into this net of “danger to themselves or others” because they had an “fiduciary to take care of their finances.”

If you were a serviceman, the FedGov hates you. I know that’s hard to hear, but it’s the truth. They would sooner see you disarmed than anyone else on the planet. Again, I’m sorry, but this is truth-telling at its most raw.

Don’t trust them. Never talk about assigning someone over your finances. Never talk to them about PTSD or emotional problems stemming from anything, including combat.

Never trust the FedGov.

And for the second time in two days, good for the GOA for taking a principled stand.

Conservative gun rights groups come out swinging against John Cornyn’s bid to replace Mitch McConnell

BY Herschel Smith
2 weeks, 1 day ago

Source.

Gun Owners Of America came out swinging against Senator John Cornyn, R-TX, after he entered the race to succeed Minority Leader Mitch McConnell.

In a statement to Fox News Digital, Aidan Johnston, Gun Owners Of America’s (GOA) Federal Affairs Director, said tCornyn has failed to stand firm on conservative values and has instead, compromised with Democrats on gun control bills.

“Every time gun control gains steam in Congress, Senator John Cornyn is right there working with Democrats on a ‘compromise.’ That isn’t conservative leadership, it’s capitulation!,” Johnston said.

The GOA said that Sen. Cornyn’s record on gun rights makes him “wholly unfit” to become the Senate minority leader.

“In the eyes of gun owners and all those who treasure our liberties, the traitor from Texas’ record makes him wholly unfit to lead Republicans in the Senate,” Johnston said.

The conservative gun rights group said Cornyn has helped pass a series of bills that are “gross infringements” on the Second Amendment.

The GOA pointed to Cornyn over the Safer Communities Act, which he cosponsored with Democratic Connecticut Sen. Chris Murphy in 2022.

The bill incentivizes states to pass extreme risk protection laws, also called “red flag” laws, that allow members of the public and law enforcement to petition the courts for a civil order to temporarily suspend a person’s access to firearms for fear that person might do violence.

Well, yes, of course he’s wholly unfit to do anything attached to any sort of responsibility, much less lead the senate. He’s a communist.

I’m glad GOA has spoken out against Cornyn. Someone has to. Where is the NRA in this? Oh, did they give Cornyn a “report card?” What does it say? No, don’t tell me. I’m not interested.

John Cornyn is a traitor. Tell everyone you know.

Tracing bullets: N.J. approves ‘microstamping’ guns, but nobody sells them

BY Herschel Smith
2 weeks, 1 day ago

Source.

New Jersey officials on Wednesday released a long-awaited report on gun “microstamping” technology that would make it easier for police to solve gun crimes, an “important step” toward making every commercially sold weapon traceable, according to the state’s attorney general.

Just one problem: Nobody sells them.

New Jersey is now one of just a handful of states with laws concerning microstamping, a method using lasers to inscribe a unique code onto a gun’s firing pin, which then imprints the mark onto a bullet’s casing. Think of it like the VIN number etched all over your car.

Gun control advocates call it a game-changing technology, one that allows police to trace weapons even in cases where no gun is recovered. The gun industry maintains the technology isn’t up to snuff, and a federal court last year ruled against a California law mandating microstamping and other features in new guns.

New Jersey’s law, enacted in 2022, doesn’t mandate microstamping like similar laws in New York or California, instead offering rebates and incentives to pressure gun manufacturers to incorporate the technology. It also ordered the state attorney general to investigate the “technological viability of microstamping-enabled firearms.” That report was released Wednesday — more than a year after its statutory deadline.

The report details a live fire test conducted last summer at a State Police lab by New Jersey’s new microstamping examiner, retired ATF agent Reinaldo Roldan, concluding that the markings left on spent shell casings could be reliably matched to the gun. It was published by the attorney general’s Statewide Affirmative Firearms Enforcement (SAFE) office, which was created by legislation signed by Gov. Phil Murphy with the purpose of suing the gun industry over instances of gun violence under the state’s public nuisance laws.

“Now that we have certified that this technology is viable, we urge gun manufacturers to adopt microstamping technology in their production facilities and apply for placement on New Jersey’s microstamping-enabled firearms roster,” state Attorney General Matthew Platkin said in a statement.

No, don’t think of it as a VIN number for a car. Think of it as a very stupid idea. Let me count the ways: (1) peening of the striker over time from discharging rounds, (2) filing of the number off the striker (and no one would ever be able to prove that it was from peening), (3) replacement strikers, and so on the story goes.

And no, no one sells them. And no one will. Ask Smith & Wesson how the customer base treated them after they agreed to put the internal lock on revolvers because of pressure from the Clintons?

This will go nowhere. No manufacturer will be interested in it. Again, the controllers have wasted a lot of money and time trying to control others. But you can’t stop the signal.

Why the Cargill Case Will Be Bigger Than Bruen

BY Herschel Smith
3 weeks, 5 days ago

He makes a good case, but my question is why hasn’t the SCOTUS taken up one of the AWB cases yet? Are they still running from it like screaming little girls? That would be appropriate for Roberts and Barrett.

Regarding the bump stock ban, you have Trump to thank for that, along with the notion of making laws up by sitting in in the Oval office and telling the ATF what laws to make and the awful precedent that sets. Never forget that.

Louisiana Bill Would Prohibit State and Local Enforcement of Federal Gun Control; Past, Present and Future

BY Herschel Smith
4 weeks, 1 day ago

Source.

A bill introduced in the Louisiana House would ban state and local enforcement of federal gun control; past, present, and future. Passage into law would represent a major step toward ending federal acts that infringe on the right to keep and bear arms within the state.

Rep. Danny McCormick introduced House Bill 62 (HB62) on Feb. 6. Titled the Second Amendment Preservation Act, the legislation would prohibit the use of state personnel or resources for the enforcement of any federal gun control.

No public office, public officer, employee, or political subdivision of this state shall enforce or attempt to enforce, give or attempt to give material aid to, or participate in the enforcement of any federal acts, executive orders, administrative orders, rules, regulations, statutes, or ordinances regarding firearms, firearm accessories, or ammunition against any law-abiding citizen.

“Law abiding citizen” is defined in the bill as “any person who is not otherwise precluded under state law from possessing a firearm and shall not be construed to include anyone who is not legally present in the United States or the state of Louisiana”

It also bars public offices and state employees from providing “material aid” for enforcement of the same. Material aid is defined as “any assistance that allows a person to make use of lodging, communications equipment or services, social media accounts, facilities, weapons, personnel, transportation, clothing, or other physical assets. This term shall not include the provision or allowance of the use of medicine or other materials necessary to treat physical injuries or assistance to aid the escape of a serious, present risk of life-threatening injury.”

This is a good move and should pass muster. However, it’s the easy part. The much harder part is passing legislation that uses local and state law enforcement to prevent enforcement of federal gun control laws by agents of the federal government.

Doubtless the supreme court wouldn’t like it, but hey, states and courts everywhere in America routinely ignore Bruen, Heller, McDonald and Caetano without anyone on the SCOTUS showing any interest whatsoever.

South Carolina Senate Passes Constitutional Carry With A Permit To Carry

BY Herschel Smith
1 month, 1 week ago

Yes, you heard that right, as stupid as it sounds. While I discussed the recent actions in the S.C. Senate, I didn’t read the amendments. But thankfully someone did.  NARG.

So basically with the amendments, the S.C. Senate passed a new bill that requires a permit to carry in any fashion, open or concealed, and tacked on some additional stuff. But that’s the situation now – open or concealed carry with a permit, or permission slip from the state.

This is legitimately wicked. They’ll go home and tell their constituency that they “did something,” and support the RKBA, knowing full well that they did nothing at all good.

Liars one and all, at least the ones who voted for it.

They listened to the LEOs, didn’t they? The LEOs don’t like you carrying without their approval and power to check you out to see if you have their approval. No they don’t. They’re not “special” then.


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