Duke University’s Arguments Against A Statutory Second Amendment

Herschel Smith · 22 May 2022 · 14 Comments

The Regulatory Review links a paper by Joseph Blocher of Duke University arguing against state preemption laws that prohibit more restrictive gun control statutes by cities and counties than instituted by the state itself.  The paper is entitled "Cities, Preemption, and the Statutory Second Amendment." He argues: As a practical matter, though, nothing has done more to shape contemporary gun regulation than state preemption laws, which fully or partially eliminate cities’ ability to…… [read more]

How To Do Firearms Training, And How Not To Do Firearms Training

BY Herschel Smith
22 hours, 46 minutes ago

First, how not to do it.

Now for how to do it the right way.

How an AR-15 Works

BY Herschel Smith
22 hours, 48 minutes ago

This is an extremely well-done video presentation.

Battlefield Contractor Speaks Out On The Murky Legalities Of Asymmetric Warfare

BY Herschel Smith
23 hours, 8 minutes ago


Before September 16, 2007, Slatten was just another one of the nameless and faceless “one percenters,” serving, living, and dying in some of the most dangerous spots on Earth.

“2007 was the deadliest year of the war,” Slatten told me, “I saw far more combat that year with Blackwater than I ever did in the military. You got shot at every time you went out. There was an average of 180 firefights every day that year. It was turned all the way up.”

Yes, it was like that in Fallujah too.  My son was there.

Everything changed when Slatten’s four-vehicle Blackwater Tactical Support Team, callsign Raven 23, responded to a car bomb attack on a diplomatic security detail in Baghdad. “There was a huge explosion at lunchtime; we dropped our food and ran for the trucks.”

They took small arms fire from multiple positions around the traffic circle at Nisour Square and responded in kind. “It was a bad situation; the Iraqi police were shooting at us, and vehicles became involved. There were civilians intermixed with the people shooting at us. My brothers did the best that they could do in an impossible situation.”

Slatten fired two rounds at a pair of armed individuals maneuvering against the team’s position — killing one of them.

While Slatten’s account of his actions signifies an appropriate application of force with restraint, there are conflicting reports that other members of the team did not.

The M240 gunner in Slatten’s BearCat armored vehicle fired dozens of rounds at a white Kia that matched the description of a suspected vehicle-borne improvised explosive device (VBIED).

The vehicle, which was occupied by innocent civilians, had failed to stop despite the team’s repeated warnings. He continued firing, resulting in numerous casualties. “Some guys on the team had a problem with what the machine gunners were doing. They thought they shot too much in a crowded circle.” Slatten, however, doesn’t share that view: “I think they didn’t shoot enough. If you’re getting shot at, you’re supposed to shoot back. They used discretion.”

According to the U.S. Department of Justice, 14 civilians were killed during the firefight and another 17 were wounded. Those specific numbers have been contested by some, but it was, by any measure, a tragic incident.

After the fight, Slatten and his teammates figured this was just another day on the job in an active war zone. They were wrong. Not long after they pulled into their Green Zone compound, their vehicles peppered with bullet impacts, an investigation into the Nisour Square event began to unfold.

[ … ]

“We reported to the investigators where the fire was coming from, and they found expended AK-47 shell casings in those locations,” Slatten remembers. “The State Department said it was a ‘good shoot’ and cleared us. Then, the FBI picked it up, and it got all sideways.”

But the case was thrown out by Judge Ricardo Urbina, who said the case was a nonstarter, rife with prosecutorial misconduct, and a total lack of evidence. He dismissed the case on New Year’s Eve 2009, saying: “The court declines to excuse the government’s reckless violation of the defendants’ constitutional rights as harmless error.”

Then-prime minister candidate Nouri al Malaki demanded “American justice” for his people — namely, a public trial for those involved in the Nisour Square incident.

Then-Vice President Joe Biden flew to Iraq, publicly apologized on behalf of the United States and vowed to appeal Judge Urbina’s decision, while then- Secretary of State Hillary Clinton, in an email from her private server asked “… what can we do about Judge Urbina’s ruling example, what is the likelihood of success on appeal? Can the U.S. file a civil action against the company? Pay compensation to the victims? What other options do we have?” It was clear the executive branch was interfering in the role of the judiciary.

[ … ]

Slatten was charged with a single count of murder, for killing the Kia driver — a shot that Slough said in multiple sworn statements that he had taken. The Kia driver’s father repeatedly refused to testify against Slatten, saying that the FBI had always told him that Slough killed his son.

The lead investigator was an Iraqi police colonel with definite ties to Iranian-backed insurgent groups. There were no autopsies conducted, and no forensic evidence utilized by the prosecution to build their case.

You can read the rest at Recoil.  But there you have it.  The FBI, Hillary Clinton, Maliki and Joe Biden.  That’s where the problem began.


1 day, 3 hours ago













Humor Tags:

JJ Racaza Shows How To Practice Like A Master

BY Herschel Smith
1 day, 23 hours ago

I wish I was that good.

ATF Wins Bump Stock Case

BY Herschel Smith
1 day, 23 hours ago


(Reuters) – A federal appeals court on Tuesday upheld a 2019 federal rule banning so-called “bump stocks,” a rapid-fire gun attachment that was used in the deadliest mass shooting in modern U.S. history.

The U.S. Court of Appeals for the D.C. Circuit ruled that guns equipped with bump stocks qualify as machine guns, which federal law almost entirely bans. The decision was a setback for the Sacramento, California-based non-profit Firearms Policy Coalition and other gun rights advocacy groups that had sued to challenge the rule.

My understanding is that when a case will impact every circuit court, the appeal goes to D.C. circuit.

What a shame.  Never forget what happened (the executive branch literally made law in lieu of the Legislative branch doing it), where this rule came from (ATF), who recommended it (NRA), and who ordered the ATF to do it (Trump).

And to think, all of this was to cover up a running gun battle for miles and miles down main street in Las Vegas, perpetrated by someone other than the stated culprit.

Supreme Court Unanimous Decision On Firearm Confiscation Up For Reconsideration

BY Herschel Smith
2 days ago

Community caretaking should be left up to families and churches.  The state has no business involved in such affairs.

Where The Rubber Meets The Road

2 days ago

As much as 40 percent of the energy produced by an internal combustion car engine is lost before the point of tire traction, i.e., where the rubber meets the road. It’s easy to start an organization that’s against something. Dozens of would-be good organizations have been created yet failed because they have no goal. Those called Christians, or conservatives, southerners, nationalists, and others with well-meaning intentions are against the things it’s proper to disdain. Still, with no goal, your organization either fails or becomes a small echo chamber idling on a worthy idea, but no torque gets applied to the pavement of accomplishment.

The firearms rights organizations fail for this very reason. Also, Prolife Inc. is not a movement nor pro-life, merely anti-abortion; there’s a difference. The fact that these organizations are professional money-making machines is secondary; what are their stated end goals, and how do they plan to get us there? You should determine these things before giving money. Failing to do so is a mistake we’ve all made. Wayne has those nice suits, though, doesn’t he? Defending freedom by drawing a new line in the sand over and over again is not a plan. If you want to pay somebody to organize folks of like mind, don’t call it anything other than what it is; a club.

The Left, however, is for something. They will kill you all; that is their goal, clear and straightforward. To rule the world is the call; you’re in the way. They are of their father the devil, mocking God’s plan.

Christ gave the mission to – as nearly as possible, until His return – eliminate unrighteousness by the Spirit of God, converting lost sinners to Him. His goal is to rule the world in His righteousness. The Churches have been coopted and hijacked (that’s another post); they too are lost in a sea of goalless money collecting, failing to teach and prepare you for the commission of Christ. That’s why most Christians can’t see the New Order as an affront to God but instead are told it’s all part of God’s plan. But God’s plan is the reign of Christ!

We’re not against groups of fellows in Christ (Proverbs 27:17, Ecclesiastes 4:12), but the purpose must be to do the will of the Father, for what is a disciple but a doer of the word (James 1:22). Organization is essential, but faith in Christ to execute His mission is much more so.

Switching gears: the wrath of God abides on all who hold the truth in unrighteousness (Romans 1:18); the lost are condemned already (John 3:18). They can no more make a just society than any other ungodly man. When fighting them on their terms, you won’t win; you cannot beat them by their rules. Evil does not cast out evil (Matthew 12:26), but if Christ cast out devils by the Spirit of God, then the kingdom of God is come unto you (Matthew 12:28).

Nor can the church fight the Left by any means other than that as specified in God’s revealed law, the Holy Bible. Creating your own project, outside the will of God, will not effectively save our civilization; the Father Hath in these last days spoken unto us by his Son, whom he hath appointed heir of all things, by whom also he made the worlds. He gave us the assignment.

God has provided clear instructions on how this conquest is accomplished (Matthew 28:18-20, Acts 1:8), which is the converted of God sharing the Gospel of Jesus Christ (1 Corinthians 15:3-4) unto salvation with the lost, then teaching the converted to obey all that Christ commands. And He left us a goal, put down all ungodly authority (1 Corinthians 15:25), and He gave two sources of power: The Holy Spirit (John 15:25) and the Word of God (Romans 10:17, Hebrews 4:12). And He gave you, as meager as it is, instruction in how to be a man that serves Christ, leads his family, Church, and the body of Christ to serve the Lord God to this end: take and hold ground for our King; Not by might, nor by power, but by my spirit, saith the LORD of hosts.

You could mock God and attempt to create an organization that mimics His structure or purpose, or you could do what God said. He is the ultimate source of power and the only tangible way to bring about a righteous and just nation that abides in His Law-word.

Or you could idle and wait for the Left, under the prince and power of this world, to thoroughly destroy your civilization, killing millions, or perhaps billions. Then they’ll shrug their shoulders and claim that it wasn’t real socialism. It’s a lie of the devil that politics can save us; that’s why you’re fully immersed in it; you’ve been led astray by the forces of evil.

The mission of Christ is a fight for the soul of the nation and indeed the world, one individual convert at a time. It’s easy to be against something. It’s hard to positively proclaim to be for something and then execute that mission.

DeSantis Removal Of Soros-Backed Prosecutor In Florida

BY Herschel Smith
2 days, 23 hours ago


On Thursday, Florida Gov. Ron DeSantis announced he had suspended woke Soros-backed state attorney Andrew Warren after his declaration that he would refuse to enforce any Florida laws restricting abortion or transgender surgeries for minors.

“State Attorneys have a duty to prosecute crimes as defined in Florida law, not to pick and choose which laws to enforce based on his personal agenda,” DeSantis said. “It is my duty to hold Florida’s elected officials to the highest standards for the people of Florida. I have the utmost trust that Judge Susan Lopez will lead the office through this transition and faithfully uphold the rule of law.”

As awesome as it was to see DeSantis take such a stand for the rule of law, this story is even better than we thought. According to the executive order, DeSantis sent police to remove him.

As of the signing of this Executive Order, the Hillsborough County Sheriff’s Office, assisted by other law enforcement agencies as necessary, is requested to: (i) assist in the immediate transition of Andrew Warren from the Office of the State Attorney for the 13th Judicial Circuit of Florida, with access only to retrieve his personal belongings; and (ii) ensure that no files, papers, documents, notes, records, computers, or removable storage media are removed from the Office of the State Attorney for the 13th Judicial Circuit of Florida or any of his staff.

Awesome.  He didn’t engage in politics or speeches, he took action to remove the excrement.  This is even better than it appears on first glance.  From Ammoland, this guy was also rabidly anti-gun.

On Florida’s Stand Your Ground law: “As we said then, this law protects violent criminals & wastes resources by taking officers off the street and making us try cases twice – and has nothing to do with responsible gun ownership. And it’s slowed down the system, delaying justice for victims and their families.”

On Constitutional Carry: “Don’t let them fool you. This is ‘permitless carry’ – zero limits on who can carry concealed – and has nothing to do w/ the Constitution. This makes our neighborhoods less safe, and law enforcement doesn’t want it. You can’t claim to support cops while supporting this. No sane person thinks the 2nd Amendment protects owning a nuclear weapon, which means we recognize the Constitution clearly permits reasonable regulations on right to bear arms. The only issue is whether it’s reasonable to require permits to conceal – and it definitely is.”

On Modern Sporting Rifles: “Another mass shooting using a military-style assault rifle that has no place in our society. Another opportunity for us to do something. Another inevitable disappointment by our elected ‘leaders.’ And another difficult conversation with my children about their safety.”

On Florida’s preemption statute: “Who in Tallahassee is more hypocritical – extreme pro-lifers who oppose common sense gun laws that save lives, or so-called conservatives who profess local control but routinely bind cities & counties from solving local problems?”

So he’s gone now.  Good for DeSantis, a man of action.  Well, bye – you jerk.  Don’t come back.

The US is about to go full Louis XVI

2 days, 23 hours ago

Via WRSA, Ukraine may be America’s Lious XVI moment. It’s cautionary to learn history, but governments never realize what they are doing. Maybe this one does and is satisfied with destroying us. The article is about the new swarm of IRS agents being hired. But, interesting and worth understanding is the parallel to France at the close of the US Revolution.

The cost/benefit just doesn’t compute. And that’s why healthy, prosperous nations don’t engage in such absurd activities. They don’t need to.

Taxes ultimately represent the government’s ‘slice’ of an economic pie. So when a country is prosperous and an economy is strong, the government’s slice continues to grow because the overall economic pie is constantly getting bigger.

But nations in decline don’t see it this way. For them, the pie is shrinking. So they think the only way to increase their slice is to go after other people’s crumbs.

History shows this is absolutely the wrong move. Raising tax rates, inventing new taxes, and recruiting armies of tax collectors only makes the pie shrink even more.

Their efforts, instead, should be focused on making the pie bigger. But they don’t think that way.

Bear in mind this is all brought to you by the same people who are shoveling your tax dollars out the door to Ukraine $50 billion at a time. It’s very ‘Louis XVI’ of them.

All of these trends—the cannibalistic surge in tax authorities, the anti-productive regulations, the economic scarcity mentality—are all hallmarks of an empire in decline.

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