Properly Defending Liberty Comes Down To One Thing: World View

Herschel Smith · 25 Jan 2015 · 10 Comments

There is a stir among gun rights advocates - or at least, presumed gun rights advocates.  On the one hand, there are the open carriers and opponents of I-594 and their advocates in the state of Washington (and other places like Texas and New York where even Sheriffs are recommending that your thrown your SAFE act pistol permit recertification invitation in the garbage), and on the other hand are Alan Gottlieb, Dave Workman, Bob Owens (who seems like a late comer to the pragmatic approach), and…… [read more]

Coalition To Stop Gun Violence Mocks Chris Kyle

BY Herschel Smith
2 weeks ago

We previously covered the ill-advised cartoons done in poor taste promulgated by the CSGV.  Just when you thought it couldn’t get any worse and the CSGV couldn’t go any lower, it does, and they do.

An influential anti-gun group is targeting Clint Eastwood’s potential Oscar nominee “American Sniper,” but it might be the group’s corporate sponsors — including the NFL — that get blasted in the assault.

The Washington-based Coalition to Stop Gun Violence has given critics of the upcoming movie a Facebook outlet to rant about the subject of the movie, sniper Chris Kyle, killed after the leaving the military and while he was at a gun range with a vet suffering from PTSD.

“Good Riddance,” wrote one. “What goes around comes around,” sneered another.

Kyle is an American hero, a sniper so effective in Iraq that terrorists put a bounty on his head. But the movie is a liberal’s nightmare and the anti-gun coalition’s supporters have been eager to condemn it and keep it out of the Oscar spotlight.

You don’t have to be supportive of any phase of the campaigns Chris Kyle was engaged in to keep from being an ass clown about his death.  I didn’t agree with the initial invasion of Iraq (OIF1, while at the same time taking a different view of OIF2 and OIF3 for reasons explained in previous articles).  I supported the initial stages of our actions in Afghanistan (OEF), while calling for the complete withdrawal of troops when it became obvious we were going to engage in nation building, COIN and stability operations.

All of that is irrelevant except to point out that support for campaigns (or lack thereof) can be a complex thing, even among the military (remember that my son was deployed in Iraq and would have been in Afghanistan had he extended his enlistment – his views on these matters are complex and involved).  But for the CSGV to beclown themselves this way shows what they are truly made of.  Their moral character is despicable and repugnant.  I put them in the same category as Westboro Baptist Church.

Muslim Migration

BY Herschel Smith
2 weeks ago

NRO’s Corner, Jason Lee Steorts.

I have strong misgivings about proposals, such as those that my esteemed colleague Ian Tuttle presents today, to restrict the number of Muslim immigrants and refugees in the United States. My root objection is that excluding people on the specific basis of their religion is illiberal and inconsistent with the spirit of the founding principles of this country. (Some readers will object that the Founders thought of themselves as establishing a Christian nation. This is a vexed question the plausible answer to which varies with the identity of the Founder. What I find dispositive is that the founding documents themselves eschew any endorsement of or preference toward a particular religion or creed. And apart from this textual matter, I do not think the political principles enshrined in those documents require justification in specifically Judeo-Christian terms.)

Well goodness, if Jason Lee Steorts thinks I’m being illiberal, then perhaps I should rethink my positions.  Actually, most of the original 13 colonies had a formally endorsed denomination of the Christian faith embedded into state law at the time of ratification of the constitution.  I’ve written extensively on the foundation of liberty using men far more learned that Mr. Steorts, such as R. J. Rushdoony and Douglas Kelly, so I won’t rehearse that here.  What Steorts said was short, cryptic, flighty and trivial.  It deserves no more response than I’m giving it here.

But I will point out one thing in particular concerning Muslim migration.  I am under no obligation – legal or moral – to invite people into my country.  I am under no obligation – legal or moral – to allow people into my country and give them the right to vote to take away my liberties.  I am under no obligation – legal or moral – to support and provide for any Muslim anywhere, including this country.  And finally (and I took a beating in comments on this a while back when it came up and I weighed in over other blogs), I am under no obligation – legal or moral – to allow people in this country to have weapons when I don’t think they should be allowed to be here anyway.

This country doesn’t just have a welfare problem (as if I would be more supportive of immigration if only I didn’t have to support the immigrants out of my paycheck).  This country’s religious, cultural, and historical heritage is precious property and earned by blood, sweat and tears, and should not be subject to the vote of men and women who have been raised to hate those ideals.  This country is my property, and I consider all illegal immigrants (and most legal immigrants) to be trespassers who need to be evicted from this property.  Put that in your liberal pipe and smoke it.

Notes From HPS

BY Herschel Smith
2 weeks ago

David Codrea:

Allowing a citizen’s fundamental rights to be stripped without his having been found guilty of a crime, especially on the say-so of an ex-partner with strong motives, flies in the face not only of due process, but also in terms of the nature of rights, and the powers of government supposedly bound by delegated authority. “Do you know of any other right that that requires a citizen to undergo a compelled interrogation under penalty of perjury as a precondition to receiving (or being denied) permission to exercise it?” writer Don Cline asks … For her part, Giffords has not explained …

Anything.  She hasn’t explained anything at all, except by her actions that she is still a meddling collectivist control freak who is butting into the business of other people.  I am reminded of the comments by reader menckenlite concerning mandatory state review.

Control freaks love psychiatry, a means of social control with no Due Process protections. It is a system of personal opinion masquerading as science. See, e.g., Boston University Psychology Professor Margaret Hagan’s book, Whores of the Court, to see how arbitrary psychiatric illnesses are. Peter Breggin, Fred Baughman and Thomas Szasz wrote extensively about abuses of psychiatry. Liberals blame guns for violence. Conservatives blame mental illness. Neither have any causal connection to violence.

Take a look at what this Ukrainian granny can do.

The government is still trying to financially choke the firearms industry.  You do realize that this administration is full of pathological liars who will say one thing and do another, don’t you?

Chris Murphy on Islamic militants in Paris.  Because he’s a pathetic rube and a tool.

Via Mike Vanderboegh, White House still focusing on domestic “extremists” (because Obama hates America).

Suburban Battle Rattle

BY Herschel Smith
2 weeks, 2 days ago

The following may (or may not) represent what I carry, depending upon circumstances.


Blackhawk rigger’s belt, Springfield Armory XDm, .45 ACP in UTG soft holster with additional magazine (because I don’t like Kydex), .38 Spl S&W Air Weight revolver with wrap-around ankle holster, Ka-Bar folder with sheath, SOG Flash II folder, old standby Surefire 6P (it has been with me a long time), Streamlight ProTac HL3 (1100 lumen), Oakley sports glasses, prescription.

Not shown, Gerber multi-tool – occasional carry, OC spray (occasional carry), and 550 cord (also occasional carry).  The guns may change depending upon circumstances, but I always try to carry a tactical light on every trip, even to the movie theater as I did not too long ago (especially to the movie theater where it is otherwise dark and high lumen means control of the environment).

The small gun is perfect for the movie theater and grocery store since it is ankle carry, the larger gun (whichever one I carry) is more likely to go outside the waist band (not very often concealed IWB), with the belt.  The 1911 has a more slender profile than the XDm being single stack, and I’ve carried it before, as well as other pistols (I prefer to shoot the 1911 to anything else due to balance and profile).  Sometimes it (the larger handgun) will stay in the car, meaning that I have only a single gun, with a tactical folder as backup.

Given the state of affairs today, everyone ought to think hard about what they carry for self defense and protection of their family.  I consider this battle rattle to be very soft and luxurious.  When conditions become steadily worse as the economy collapses, this will necessarily change with the times.

Battle Of Wanat: Followup To “Blaming The Gun For The Battle Losses”

BY Herschel Smith
2 weeks, 2 days ago

As a followup to Blaming The Gun For The Battle Losses, WeaponsMan posted an interesting response.

… we think he’s missing the degree to which the terrain favored the enemy, and we think he’s missing the very-close nature of some of the enemy positions. True, some of the crew-serveds were 900 meters out, but a lot of bad guys were within 100 meters, in trees, buildings and behind cob walls. It was a knife fight, compounded by the fact that the enemy alone had good covered and concealed firing positions.

Then, there’s one minor point where he’s off on a factual item: he suggests they should have had DMRs armed and designated. They did, but the only one on OP Topside was killed instantly, in the first enemy volley; he had no chance to employ his M21 (a sniper-fied M14). Topside was well equipped with machine guns (2 x 240 and 1 x 249)… and well-supplied with valor.

Topside’s crappy position didn’t offer good cover, concealment, observation, and fields of fire — only to the enemy. It was a lousy position for an OP, for MGs, or for snipers. But the officer that picked it was concerned that it would have direct line-of-sight to the main position so that it could be reinforced (or withdrawn) if need be.

Well, it’s difficult if not impossible to mention everything at one time in a single article.  I did indeed mention terrain, and in multiple previous posts.  I suppose there was a way that a VPB could have worked at that location, but they would have had to find a way to mitigate the advantage they offered to the enemy with the choice of terrain.  They didn’t.  Similar to WeaponsMan, I was highly critical of the way Topside was chosen and manned.

As to the DMs, I suppose I could make myself clearer than I did in the previous article.  I am not saying that they didn’t have DMs.  I am saying that they should have had multiple DMs.  Marine Battalions deploy with an entire Scout Sniper platoon, while at the same time having DMs in the other platoons.  My son was a DM even though he was a SAW gunner, meaning that he had gone through all of the shooting qualifications Scout Snipers do, without the field testing for ingress, concealment, and egress.  Daniel told me he thought he lacked the discipline for that (one Scout Sniper told me that during field testing he inadvertently crawled on top of a red ant hill, was bitten hundreds of times, but had to remain still in order not to be detected).

Continuing at WeaponsMan:

The Paratroopers at Wanat were thrown into a buzzsaw by well-intentioned and bold commanders, who thought they could get away with it just long enough for the small element there to build a secure COP. (Remember, they opened it on the 9th of July and neck-deep in malignant hadjis on the 13th, with the position still in the hasty-establishment mode). Other Taliban assaults in Nuristan had taken longer before the enemy massed, up to a month. And these prior attacks had displayed specific indicators, you might say signatures, and American leaders worked on the assumption that they had about the same time before an attack at Wanat was an enemy capability, and the assumption that they again would receive these indicators and signatures of enemy positioning. As it happened, Wanat appears to have been closer to home for the insurgents, and they didn’t generate the distinct signatures that they had done before other attacks like the one on COP Bella.

Oh, but there’s much more to it than that.

The meetings with tribal and governmental officials to procure territory for VPB Wanat went on for about one year, and one elder privately said to U.S. Army officers that given the inherent appearance of tribal agreement with the outpost, it would be best if the Army simply constructed the base without interaction with the tribes. As it turns out, the protracted negotiations allowed AAF (anti-Afghan forces, in this case an acronym for Taliban, including some Tehrik-i-Taliban) to plan and stage a complex attack well in advance of turning the first shovel full of sand to fill HESCO barriers.

VPB Wanat did indeed have concertina wire, HESCO barriers and other means of force protection, but in every direction the base was on the low ground. One particularly fateful decision was the construction and garrisoning of Observation Post “Top Side,” which sat on slightly higher ground to the East of VPB Wanat.

Just before the battle began on July 12, 2008, troops from VPB Wanat observed men they believed to be enemy combatants positioning and preparing for battle, but consistent with a theme here at The Captain’s Journal, decision-making is not given latitude in these circumstances (e.g., no PID, not actively engaged in hostilities against U.S. troops at the time, or whatever the case – this portion of the report is redacted …

I have contrasted this practice with how the Marines have done it under the umbrella and command structure of the MAGTF (this URL is cited on page 255 of the Cubbison report), and while I don’t know how the VPB at Wanat was constructed (by a contractor like KBR?), it could have be accomplished much sooner.  This failure was a catalyst for the massing of enemy forces.

Let’s return to OP Topside for a moment to mention one very important fact.  “Under different circumstances, i.e., rapid base construction and deployment of the troops, VPB Wanat might have been much more successful and would have been advisable.  It might have been things that occurred one year prior to manning the base that doomed it.  I also believe that the physical location of OP (Observation Post) Top Side with its lack of control over the surrounding terrain, was extremely ill advised.  Had an OP been needed and a good site not located, VPB Wanat might have had to be constructed in a different location.  Remember that eight of the nine who perished that fateful night did so either defending or attempting to relieve OP Top Side.”

Gun Control And The Boko Haram Massacre

BY Herschel Smith
2 weeks, 2 days ago

David Codrea:

With body numbers described as “too many to count,” but with estimates ranging from “hundreds” to “2,000,” mass murders in Nigeria are being described by Amnesty International as “the deadliest massacre” in the history of the Boko Haram terror group.

“Most victims are children, women and elderly people who could not run fast enough when insurgents drove into Baga, firing rocket-propelled grenades and assault rifles on town residents,” the Associated Press reported a government official claiming.

David then goes on to describe the gun control in Nigeria, and states “Nigeria appears to be a land where the results of such “progressive” policies should be evident for all to see and emulate.”  Read all of David’s article.

And gun control has indeed been one of the catalysts for the rise of Islamic extremism.  I have long lamented the failure of men and women to arm themselves against Islamists, Christians in particular who falsely believe that Biblical theology requires pacifism, noting that it is a moral failure to ignore the protection of family and self.

But make no mistake about it, these are heavier weapons, perhaps some ever crew serve weapons, and arming with rifles and pistols wouldn’t have stopped the assault on the city.  But what being armed would do is stop them before they become strong enough to perpetrate such a ghastly attack.

An example of such aggressive use of force can be seen in the history of the Ethiopian Army in Somalia, where they have had measurable success against the Islamists.  The “Christian” army of Ethiopia has no intention of allowing Muslims to savage their people, and they are willing to take action before it is too late to secure those ends.

Individual and segregated actions cannot achieve security against an organized enemy using heavy weapons.  This requires family, tribe and militia, all of which are armed and willing to take the hard measures necessary to kill a determined enemy.

That there are men who allow women, children and the elderly to perish while they run away scared doesn’t bode well for the future of Nigeria.  For men who believe there is nothing after death – that a body cools to ambient temperature and there is nothing more – running away scared may make sense.  For Christians, there are more important things that staying alive because death is just the beginning of our life in eternity.

And finally, don’t be fooled by the recent Islamic violence in France.  The Islamists don’t really care about cartoons in the face of more important things.  They just can’t find anyone left in France who believes anything to attack.  Now, if they hear Christians with one voice, saying something like this:

I believe in God,
the Father almighty,
Creator of heaven and earth,
and in Jesus Christ, his only Son, our Lord,
who was conceived by the Holy Spirit,
born of the Virgin Mary,
suffered under Pontius Pilate,
was crucified, died and was buried;
he descended into hell;
on the third day he rose again from the dead;
he ascended into heaven,
and is seated at the right hand of God the Father almighty;
from there he will come to judge the living and the dead.
I believe in the Holy Spirit,
the holy christian Church,
the communion of saints,
the forgiveness of sins,
the resurrection of the body,
and life everlasting. Amen.

Then the real enemy of Islam has spoken.  Islam is darkness, and it cannot abide the light.  Since it cannot abide the light, it won’t allow a marketplace of ideas where truth can be discerned from falsehood.  Arm yourselves.  Prepare to do battle.  It’s coming whether you know it or not.

Why Your Gun Makes Me Nervous

BY Herschel Smith
2 weeks, 2 days ago

The Gazette:

There’s a mantra quickly repeating in my head: “Please have a badge. Please have a badge. Please have a badge.” It’s a steady heartbeat as I begin a conversation with a shop clerk and reposition myself so I can peer over her shoulder.

I’ve already seen the bulge in his jacket, and it’s clear from the size and shape that he has a holstered gun. Now my eyes are quickly scanning, hoping to find a law enforcement badge clipped to his belt.

I’m in a local bookstore and there’s a sticker near the door asking patrons not to carry weapons on the premises. My two children scurried off the moment we entered, each in search of their own treasures.

The man with the weapon is as interested with the bookstore patrons as he is with the books on display. I’ve watched him watch others. The way he tracks them is unnerving.

I do not know this man, have no knowledge of his profession, personality or character. I am unaware of his mental state, of why he feels the need to carry a weapon into a bookstore. Frankly, I’m not that interested in his reasons right now. My mind is too busy filtering through the various scenarios that could be taking place. They flick before me like movie trailers, and I watch, casting some aside and mentally marking others for further consideration.

There’s no badge — at least not one I can see. And my inspection of him has not gone unnoticed. I rotate my handbag so that more of it rests toward the front of my body and gently pat it. It’s a tell by women who are packing heat in their purse. Many do it without thinking, a subtle check of hard steel through the leather. My touch is greeted by the bristles on my hairbrush, but no one else knows that.

The man recognizes the gesture, his eyes briefly flicking to my own before he moves past us in the aisle.

Poor Lynda.  I think she needs to purchase and learn to use a gun.  That way she won’t be bothered by bristles on hair brush when she is reaching for means of self defense.

In other news, a Deputy Sheriff’s gun just “went off” in Walmart recently.

STARKE, Fla. – An Alachua County Sheriff’s deputy’s gun accidentally went off inside a Walmart in Starke on Thursday morning, according to the Starke Police Department.No one was injured, but a television was damaged, police said.

The Alachua County Sheriff’s Office is investigating the incident. It’s unclear if the deputy will face disciplinary action.

In still other news, a police chief shot his wife.

A police chief in Georgia told a 911 dispatcher he accidentally shot his sleeping wife while moving a handgun that was in their bed, according to a recording released Friday.

Peachtree City police Chief William McCollom called for help at 4:17 a.m. New Year’s Day and reported accidentally shooting his 58-year-old wife, Margaret, while they both slept. The Associated Press obtained a recording of the call Friday through an open records request. The Georgia Bureau of Investigation is looking into the shooting.

You know it’s “funny.”  I’ve never lost a rifle, had a gun “accidentally go off,” shot anyone in the back, wanted to shoot dogs, or been tempted to shoot my wife or anyone else.

Notes From HPS

BY Herschel Smith
2 weeks, 2 days ago

David Codrea:

I understand some have differences, but those are not with JPFO itself, and that’s important enough for me not to automatically abandon my inclination to do what I can to help the organization survive, thrive and grow. If you don’t agree, I’ll not waste any more of your time trying to persuade you. Stop reading and go in peace. This message is intended for those of you who would like to join me in doing what we can to help this entity called JPFO.

I’ve already stated my position.  I align myself with people, not organizations.  I don’t have a lot of money to donate, but I have a Google page rank of 5.  I want to assist David Codrea and Kurt Hofmann.  If that means that I assist JPFO in the process, then so be it.

David Codrea:

In order to counter the well-financed propaganda effort, Nevadans for State Gun Rights has created a fact sheet that presents counter-arguments to those voters are being exposed to, and that warns against the loss of rights should they heed what the Bloomberg coalition is trying to make them believe. Supporters who object to and wish to respond to Sen. Smith’s Everytown talking point-parroting “editorial” can submit letters to the Gazette-Journal being careful to observe the paper’s requirements, including limiting them to 200 words.

This is simple folks.  Do what needs to be done and the gun controllers can be defeated.  Don’t be knots on a log.  Stop watching idiot TV sitcoms at night.  Spend time doing something useful (I know, my readers don’t watch idiot shows anyway, and they’re busy people.  Still, please add Nevada into your do-list over the coming weeks and months.  Patriots there need you.).

In case you haven’t read Kurt Hofmann’s latest at JPFO, please do so.  I previously linked this piece.

Mike Vanderboegh links an article on supply of the Ukrainian military.  I’ve discussed this before, and you know I’m a sucker for logistics.

Mike Vanderboegh says we are not all Charlie.  Hmm … I think Ned Weatherby said something just like that here.

Mike Vanderboegh, all over America, the government is cracking down on preppers.  Wood stoves are mentioned again.  The EPA is as out of control as I’ve ever seen anyone or any organization.  The regulations on stoves are immoral and obscene and the EPA doesn’t have a God-given right to tell people how they may heat their home.  Thus I recommend disobeying those regulations since, being immoral, they have no binding obligation on men.


Immigration = Corporate Welfare + Collectivist Voters

BY Herschel Smith
2 weeks, 4 days ago

Immigration = corporate welfare + collectivist voters.  Remember that formula.  Sometimes a comment thread is the best thing to bring out false hope, whether salvation via Jeb Bush, Mitt Romney, Chris Christie or (yes), even Rand Paul.  Witness this.

John Galtius:

Romney is slick, and I don’t like slick. Slick will play games. Jeb was a great governor of Florida, did a good job, and would make a decent president – if we NEEDED a decent president. We don’t. We need a GREAT president.

Rand Paul – Rand Paul – Rand Paul – Rand Paul – Rand Paul – Rand Paul – Rand Paul – Rand Paul – Rand Paul – Rand Paul – Rand Paul – Rand Paul – Rand Paul – Rand Paul – Rand Paul – Rand Paul – Rand Paul – Rand Paul – Rand Paul – Rand Paul – Rand Paul – Rand Paul – Rand Paul

You media elite can try to shove these guys off on us if you like, but I will ONLY vote for Rand Paul.

Herschel Smith:

Rand Paul = Pro-Immigration (legal). He just wants to turn currently illegal immigration into legal immigration. He is an open borders fanatic just like his Dad. I’ll never vote for him.

John Galtius:

“I do not support amnesty, I support legal immigration and recognize that the country has been enriched by those who seek the freedom to make a life for themselves. However, millions of illegal immigrants are crossing our border without our knowledge and causing a clear threat to our national security. I want to work in the Senate to secure our border immediately. In addition, I support the creation of a border fence and increased border patrol capabilities.

Immigrants should meet the current requirements, which should be enforced and updated. I realize that subsidizing something creates more of it, and do not think the taxpayer should be forced to pay for welfare, medical care and other expenses for illegal immigrants. Once the subsidies for illegal immigration are removed, the problem will likely become far less common.

I support local solutions to illegal immigration as protected by the 10th amendment. I support making English the official language of all documents and contracts.

Millions crossing our border without our knowledge constitutes a clear threat to our nation’s security. Instead of closing military bases at home and renting space in Europe, I am open to the construction of bases to protect our border.

So what part of your lies, Herschel, do you want us to believe?

Herschel Smith:

” … the country has been enriched.” Yea. Only if you are on the board of directors for Monsanto or Archer-Daniels-Midland or the Chamber of Commerce.

“I support legal immigration …” Rand Paul knows exactly what that means.…

Apparently you don’t.

Oh, and make sure not to neglect what “legal” immigration means for gun control too.…

John Galtius:

So, Mister Democrat, why are YOU supporting Bush?

And frankly, I really am not interested in your conspiracy theories.

Herschel Smith:

You must be joking. Seriously. Is this a joke? If the GOP puts up Bush, Romney or Christie, I’ve already said what I’ll do election night. I won’t even go to the polls. I’ll stay at home, grill steaks, walk the dog, clean my guns, and count my boxes of ammunition. And if they put up Paul, voters may as well put up a democrat. It’s all the same. Count them. Millions upon millions upon millions of new collectivist voters from South of the border to rob your paycheck. Bring on dystopia. Buy guns now. You’ll need them in the coming years.


“clean my guns, and count my boxes of ammunition”

Another internet tough guy.

Herschel Smith:

Off subject. Full stop. Return to on-point comments. Immigration = corporate welfare + collectivist voters. Do you have anything useful to say about the subject? I thought not.

Generally folks don’t understand, but there is no voting our way out of this mess.  No candidate – Romney, Christie, Bush or Paul – has proposed to make a corollary of repeal of the entitlement state a condition of and stipulation for immigration.  Not a single one.  That means welfare, health care, SNAP, etc.  And my daughter is a nurse in an ER, and I know all about the penalties associated with receipt of a patient into the ER, discharge, and receipt of that same patient later for the same condition (meaning that the system is set up to provide beds and long term medical care for patients, regardless of immigration status, in order to avoid astronomical fines to the federal government).  Don’t allow anyone to tell you that we won’t be funding medical care for immigrants.  It’s a lie.  That’s all you need to know.  And immigration includes millions of Islamic voters as well as Hispanic and Latino voters who will vote your gun rights away.

Maryland Attorney General Legal Brief On Guns

BY Herschel Smith
2 weeks, 5 days ago

Communities Digital News:

Maryland, at least in recent memory, has never been known to be a gun friendly state.

With the passage of the Maryland Gun Safety Act of 2013 in response to the tragedies of Newtown in 2012, Maryland become home to some of the harshest gun laws in the country. The law enacted bans on dozens of semi-automatic firearms, including the widely owned AR-15, and the venerable civilian model of the AK-47 and many of its variants.

The law has since been challenged a number of times, and upheld by several courts. However an appeal filed by a number of gun rights groups and businesses, as well as an amicus brief filed on behalf of the suit by twenty one state attorney generals, have forced Maryland to respond, and clarify their position on some of the most controversial firearms issues facing us today.

Filed on the day of the deadline, the “Brief of Defendants-Appellees” is now former attorney general Doug Gansler’s response to the appeal filed by the various gun control groups in the case entitled Steven V. Kolbe v. Martin O’Malley (4th Circuit Court of Appeals case number 14-1945). While the brief is seventy four pages long, and filled with cited case law and precedent, several particular passages stand out as noteworthy.

“The banned firearms [AR-15’s and AK-47’s] are not commonly used for self-defense, and more than ten rounds are rarely, if ever, required for self-defense. Thus, the banned firearms and magazines do not fall within the scope of the Second Amendment’s protection.” Pg. 24 of 74, under “Summary of Argument.”

AG Gansler goes on to argue that “The plaintiffs have failed to identify a single incident in which an individual in Maryland has used an assault weapon in self-defense, and Maryland law enforcement officers were similarly unaware of any such incident.” Pg. 36 of 74.

To clarify, the government of Maryland has just stated in an American court that semi-automatic rifles are not used for self-defense, and people do not required more than ten rounds to defend themselves, and therefore are not covered under the scope of the amendment that was put into the Constitution to ensure the people’s right to bear arms.

This statement, safely made by a man who would no longer hold the post of attorney general a week after the submission of this brief, begs the question of whether or not Maryland lawmakers and administrators watch the news, and it disregards on the basis of opinion the rulings of Heller and McDonald from the US Supreme Court.

In March of 2013, a student in New York used an AR-15 to defend himself and his roommates against a number of armed intruders..

In May of 2013 a North Carolina man used an AR-15 to defend himself against an early morning home invader.

In April of 2013 a gas station attendant and Iraq War veteran used an AR-15 in self-defense during an attempted robbery.

In January of 2014 a homeowner in Florida used an AK-47 to defend himself against three armed home invaders .

These stories exist and are not that uncommon, common enough for a cursory search by AG Gansler or his people to find out that while he may not be aware of AR-15’s being used for self-defense in Maryland, they certainly are being used in other states.

The author missed perhaps the most striking instance of self defense with an AR-15 (with multiple magazines), namely the example of Mr. Stephen Bayezes.  Furthermore, it’s obvious that the Maryland attorney general doesn’t care about consistency or correspondence with reality.  The Supreme Court has found in Tennessee versus Garner that law enforcement officers can only use a weapon in the same case that civilians can, i.e., self defense.  Yet the attorney general won’t argue that the police should have limited capacity magazines and no patrol rifles.  That’s because they don’t really believe the things they are saying.

But the main problem with both the attorney general’s brief and this short analysis at CDN is that the second amendment has nothing whatsoever to do with self defense.  The best way to explain it for the attorney general’s office is this.  The second amendment doesn’t have to be invoked until the legislature passes totalitarian bills like this one, the governor signs these totalitarian bills into law, sniveling lackey attorneys write horrible briefs for the court to read, and awful judges accept them rather than hold the attorneys in contempt of court for submitting crap to the court docket.

The civilians have a remedy for such meddling foolishness on the part of the elite.  It’s called the second amendment, and the criminals upon which it is supposed to be used and to whom it applies are in government.  The constitution is a covenant – which includes both promises and consequences.  For whatever reason, the folks in Maryland haven’t seen fit to invoke this part of the governmental covenant yet, but no one can promise this will continue.

26th MEU (10)
Abu Muqawama (12)
ACOG (2)
ACOGs (1)
Afghan National Army (36)
Afghan National Police (17)
Afghanistan (675)
Afghanistan SOFA (4)
Agriculture in COIN (3)
AGW (1)
Air Force (28)
Air Power (9)
al Qaeda (83)
Ali al-Sistani (1)
America (6)
Ammunition (15)
Animals in War (4)
Ansar al Sunna (15)
Anthropology (3)
AR-15s (43)
Arghandab River Valley (1)
Arlington Cemetery (2)
Army (35)
Assassinations (2)
Assault Weapon Ban (26)
Australian Army (5)
Azerbaijan (4)
Backpacking (2)
Badr Organization (8)
Baitullah Mehsud (21)
Basra (17)
BATFE (46)
Battle of Bari Alai (2)
Battle of Wanat (17)
Battle Space Weight (3)
Bin Laden (7)
Blogroll (2)
Blogs (4)
Body Armor (17)
Books (2)
Border War (7)
Brady Campaign (1)
Britain (26)
British Army (35)
Camping (4)
Canada (1)
Castle Doctrine (1)
Caucasus (6)
Center For a New American Security (8)
Charity (3)
China (10)
Christmas (7)
CIA (12)
Civilian National Security Force (3)
Col. Gian Gentile (9)
Combat Outposts (3)
Combat Video (2)
Concerned Citizens (6)
Constabulary Actions (3)
Coolness Factor (2)
COP Keating (4)
Corruption in COIN (4)
Council on Foreign Relations (1)
Counterinsurgency (214)
DADT (2)
David Rohde (1)
Defense Contractors (2)
Department of Defense (114)
Department of Homeland Security (9)
Disaster Preparedness (2)
Distributed Operations (5)
Dogs (5)
Drone Campaign (3)
EFV (3)
Egypt (12)
Embassy Security (1)
Enemy Spotters (1)
Expeditionary Warfare (17)
F-22 (2)
F-35 (1)
Fallujah (17)
Far East (3)
Fathers and Sons (1)
Favorite (1)
Fazlullah (3)
FBI (1)
Featured (164)
Federal Firearms Laws (15)
Financing the Taliban (2)
Firearms (285)
Football (1)
Force Projection (35)
Force Protection (4)
Force Transformation (1)
Foreign Policy (27)
Fukushima Reactor Accident (6)
Ganjgal (1)
Garmsir (1)
general (14)
General Amos (1)
General James Mattis (1)
General McChrystal (39)
General McKiernan (6)
General Rodriguez (3)
General Suleimani (7)
Georgia (19)
Google (1)
Gulbuddin Hekmatyar (1)
Gun Control (239)
Guns (651)
Guns In National Parks (2)
Haditha Roundup (10)
Haiti (2)
Haqqani Network (9)
Hate Mail (7)
Hekmatyar (1)
Heroism (4)
Hezbollah (12)
High Capacity Magazines (11)
High Value Targets (9)
Homecoming (1)
Homeland Security (1)
Horses (1)
Humor (13)
ICOS (1)
IEDs (7)
Immigration (39)
India (10)
Infantry (3)
Information Warfare (2)
Infrastructure (2)
Intelligence (22)
Intelligence Bulletin (6)
Iran (169)
Iraq (378)
Iraq SOFA (23)
Islamic Facism (33)
Islamists (38)
Israel (18)
Jaish al Mahdi (21)
Jalalabad (1)
Japan (2)
Jihadists (72)
John Nagl (5)
Joint Intelligence Centers (1)
JRTN (1)
Kabul (1)
Kajaki Dam (1)
Kamdesh (9)
Kandahar (12)
Karachi (7)
Kashmir (2)
Khost Province (1)
Khyber (11)
Knife Blogging (2)
Korea (4)
Korengal Valley (3)
Kunar Province (20)
Kurdistan (3)
Language in COIN (5)
Language in Statecraft (1)
Language Interpreters (2)
Lashkar-e-Taiba (2)
Law Enforcement (2)
Lawfare (6)
Leadership (5)
Lebanon (6)
Leon Panetta (1)
Let Them Fight (2)
Libya (11)
Lines of Effort (3)
Littoral Combat (7)
Logistics (48)
Long Guns (1)
Lt. Col. Allen West (2)
Marine Corps (229)
Marines in Bakwa (1)
Marines in Helmand (67)
Marjah (4)
Media (22)
Memorial Day (2)
Mexican Cartels (21)
Mexico (25)
Michael Yon (5)
Micromanaging the Military (7)
Middle East (1)
Military Blogging (26)
Military Contractors (3)
Military Equipment (24)
Militia (3)
Mitt Romney (3)
Monetary Policy (1)
Moqtada al Sadr (2)
Mosul (4)
Mountains (10)
MRAPs (1)
Mullah Baradar (1)
Mullah Fazlullah (1)
Mullah Omar (3)
Musa Qala (4)
Music (16)
Muslim Brotherhood (6)
Nation Building (2)
National Internet IDs (1)
National Rifle Association (13)
NATO (15)
Navy (19)
Navy Corpsman (1)
NCOs (3)
News (1)
NGOs (2)
Nicholas Schmidle (2)
Now Zad (19)
NSA (1)
NSA James L. Jones (6)
Nuclear (53)
Nuristan (8)
Obama Administration (205)
Offshore Balancing (1)
Operation Alljah (7)
Operation Khanjar (14)
Ossetia (7)
Pakistan (165)
Paktya Province (1)
Palestine (5)
Patriotism (6)
Patrolling (1)
Pech River Valley (11)
Personal (17)
Petraeus (14)
Pictures (1)
Piracy (13)
Pistol (2)
Police (130)
Police in COIN (3)
Policy (15)
Politics (144)
Poppy (2)
PPEs (1)
Prisons in Counterinsurgency (12)
Project Gunrunner (20)
PRTs (1)
Qatar (1)
Quadrennial Defense Review (2)
Quds Force (13)
Quetta Shura (1)
RAND (3)
Recommended Reading (14)
Refueling Tanker (1)
Religion (79)
Religion and Insurgency (19)
Reuters (1)
Rick Perry (4)
Rifles (1)
Roads (4)
Rolling Stone (1)
Ron Paul (1)
ROTC (1)
Rules of Engagement (74)
Rumsfeld (1)
Russia (28)
Sabbatical (1)
Sangin (1)
Saqlawiyah (1)
Satellite Patrols (2)
Saudi Arabia (4)
Scenes from Iraq (1)
Second Amendment (143)
Second Amendment Quick Hits (2)
Secretary Gates (9)
Sharia Law (3)
Shura Ittehad-ul-Mujahiden (1)
SIIC (2)
Sirajuddin Haqqani (1)
Small Wars (72)
Snipers (9)
Sniveling Lackeys (2)
Soft Power (4)
Somalia (8)
Sons of Afghanistan (1)
Sons of Iraq (2)
Special Forces (23)
Squad Rushes (1)
State Department (17)
Statistics (1)
Sunni Insurgency (10)
Support to Infantry Ratio (1)
Survival (10)
SWAT Raids (51)
Syria (38)
Tactical Drills (1)
Tactical Gear (1)
Taliban (167)
Taliban Massing of Forces (4)
Tarmiyah (1)
TBI (1)
Technology (16)
Tehrik-i-Taliban (78)
Terrain in Combat (1)
Terrorism (87)
Thanksgiving (5)
The Anbar Narrative (23)
The Art of War (5)
The Fallen (1)
The Long War (20)
The Surge (3)
The Wounded (13)
Thomas Barnett (1)
Transnational Insurgencies (5)
Tribes (5)
TSA (10)
TSA Ineptitude (10)
TTPs (1)
U.S. Border Patrol (4)
U.S. Border Security (11)
U.S. Sovereignty (13)
UAVs (2)
UBL (4)
Ukraine (3)
Uncategorized (39)
Universal Background Check (3)
Unrestricted Warfare (4)
USS Iwo Jima (2)
USS San Antonio (1)
Uzbekistan (1)
V-22 Osprey (4)
Veterans (2)
Vietnam (1)
War & Warfare (210)
War & Warfare (40)
War Movies (3)
War Reporting (18)
Wardak Province (1)
Warriors (6)
Waziristan (1)
Weapons and Tactics (57)
West Point (1)
Winter Operations (1)
Women in Combat (13)
WTF? (1)
Yemen (1)

about · archives · contact · register

Copyright © 2006-2015 Captain's Journal. All rights reserved.