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]

Stag Arms Continues To Operate In Connecticut

BY Herschel Smith
8 years, 1 month ago


14 months ago there were about 200.

“After the law was passed, unfortunately, it did nothing to make the state safer and in fact it hurt jobs in the state of Connecticut so unfortunately now we’re down to about 150 employees,” Malkowski said.

For Malkowski that was very hard because he says it was the first time he had to layoff employees in the eleven years he has run ‘Stag Arms.’

As for the years ahead … and if his company does see any growth again what will he do?

“Any future expansion we do for business we will look to other states,” he said, adding, “just because of how difficult it is to operate in the state of Connecticut but for right now we’re going to be operating here.”

He says that he has lost some regular customers, as several smaller gun shops have closed around the state and some out of state customers are unhappy that he continues to operate here.

He says, “they would rather see us in a different place.”

Maybe they will hang on until they are out of business entirely.  They could choose to move to a free state and repair their image, but apparently that’s too difficult for them.  I do understand the trauma of relocation and move of a business, including all of the employees.  But the alternative seems to be death of the company.

These are hard choices, and Stag Arms didn’t choose to be in this position.  Nonetheless, they are here and must act wisely.  Seldom do we get to choose our circumstances.  We only choose how to respond.  That’s what defines our character.

The War On Guns Meets The War On Men

BY Herschel Smith
8 years, 1 month ago

The Scary Reason Some Men Like Guns Better Than Women:

The first time I lived alone, my third year of college, I rented a tiny apartment from the type of university-town pseudo-slumlord you’re familiar with if you went to a big state school in a smallish city. His name was Rob, and I wasn’t scared of him — or of living on my own — until I sat down in his office to go over the lease and saw a sign hanging above his desk. It said, “10 reasons why a handgun is better than a woman.”

(8) If you admire a friend’s handgun, and tell him so, he will probably let you try it out a few times. (6) Your handgun will stay with you even if you are out of ammo. (4) Handguns function normally every day of the month.

I have been lucky enough not to know too many violent men in my life. And even though I grew up in a part of the country where hunting and gun shows are common, and gun laws are relatively lax, I didn’t know many gun enthusiasts, either. The landlord’s list rattled me. I thought of that scene in Kubrick’s Full Metal Jacket, where the drill sergeant barks, “You will give your rifle a girl’s name, because this is the only pussy you people are going to get.”

When I read that list over my landlord’s shoulder, it was years before George Sodini mass-murdered women in a fitness center in 2009. Before Elliot Rodger went on a killing spree to teach women a lesson. Before social media helped us catalogue dozens of disparate murders every month in which women were killed by men they knew and, at one point in time, loved. The headlines have come to reflect the message of the list in a way that is chillingly consistent: These men control guns. These men wish they controlled women. These men use guns to control women. What was once perceived as the stuff of women’s-studies classes has become routine news analysis.

The rest of Ann Friedman’s article is more of the same.  She says, with approbation, “Paradoxically, the NRA also actively courts female members. “Come explore, connect, celebrate and unite with the women of NRA,” beckons the NRA Women’s channel, alongside clips with names like “Armed and Fabulous” and “Love at First Shot.” (They’re “stories of empowered women like you,” per the site.) Companies offering products like pink rifles and bra holsters promise to help women “look feminine, look good, and still feel safe.”

It’s sickening to her that a woman would have such a thing, and yet she is the one who conflates why we advocate that women be armed, i.e., exactly so that no one does them harm.  If men are such abusers, the real paradox Ann doesn’t address is why we would advocate that women arm themselves?  But the best is yet to come.  Ann has put the ball in play, but the scoring drive is capped off with this comment.

Males are born narcissists and are needier as children. They have to be taught early in childhood to care about something and someone other than themselves. If not taught young that the world doesn’t revolve around them, that extreme weakness for self-absorption edges over into either the weird or dangerous in adolescence, sometimes both and certainly an inability to successfully navigate life outside their own door in adulthood. The desire to control others because of an inability to control oneself is a pathology. To do so with violence is sociopathy and in the extreme psychopathy.

As my oldest son Josh remarked when he read that comment, “This was written by a person who has never raised children.”  To his point, the notion that man is a tabula rasa doesn’t survive the first child (and I know, as I have four children and he has three, two girls and one boy).  As a Christian, I have an answer as to why both girls and boys are like this.  It’s called federal headship.  We’re all born with a sinful nature.  If you’re not a Christian, you’re on your on to explain evil.  I can’t help you.

Or if she is talking about the fact that boys like machines and things that go boom, this certainly isn’t something to lament.  We should be celebrating the differences in genders.  Guns, like anything else, can be used for evil, or they can help bring out the best innate characteristics in men to protect and serve their familes.

In the end, on a serious note this is a sad commentary on the degree to which Ann Friedman and her commenters don’t really understand what they think they do.  On a slightly more whimsical note, I suspect that the men in Ann’s life have abused her, or that she is married to or dating a confused, effete man who loathes himself and all manhood.  Or both.

Either way, Ann should buy a gun and demand that the men in her life learn how to use it.  It may help change how she sees men and the world around her.

A SWAT Team Blew A Hole In My Two Year Old Son

BY Herschel Smith
8 years, 1 month ago

By now you are all aware of the SWAT raid where in Cornelia, just outside of Atlanta, where cops threw a flash bang into a crib.  Here’s an update and first hand account, a perspective you need to hear.

After the SWAT team broke down the door, they threw a flashbang grenade inside. It landed in my son’s crib.

Flashbang grenades were created for soldiers to use during battle. When they explode, the noise is so loud and the flash is so bright that anyone close by is temporarily blinded and deafened. It’s been three weeks since the flashbang exploded next to my sleeping baby, and he’s still covered in burns.

There’s still a hole in his chest that exposes his ribs. At least that’s what I’ve been told; I’m afraid to look.

My husband’s nephew, the one they were looking for, wasn’t there. He doesn’t even live in that house. After breaking down the door, throwing my husband to the ground, and screaming at my children, the officers – armed with M16s – filed through the house like they were playing war. They searched for drugs and never found any.

I heard my baby wailing and asked one of the officers to let me hold him. He screamed at me to sit down and shut up and blocked my view, so I couldn’t see my son. I could see a singed crib. And I could see a pool of blood. The officers yelled at me to calm down and told me my son was fine, that he’d just lost a tooth. It was only hours later when they finally let us drive to the hospital that we found out Bou Bou was in the intensive burn unit and that he’d been placed into a medically induced coma.

[ … ]

As of the afternoon of 6/24/2014, Baby Bou Bou has been taken out of the medically induced coma and transferred to a new hospital to begin rehabilitation. The hole in his chest has yet to heal, and doctors are still not able to fully assess lasting brain damage.

So the officer prevented a mother from assisting her screaming child who had just had a hole blown in him, and lied to her about the condition of her child.  The man who did this deserves to be hung by his scrotum until it decays and falls off.  And unless you repent, you sorry sack of shit, God will not forget your actions.  You will pay for your sins.

But hey, the cops got to push around some folks, blow a hole in a child, perhaps inflict TBI, and go home safely at the end of their shift.  Mission accomplished.  I hope their mothers are all proud of what they’ve become.  Make sure, cops, to tell your mothers what you did that night.

Notes From HPS

BY Herschel Smith
8 years, 1 month ago

Via David Codrea, Dave Workman:

Yesterday, Seattle Mayor Ed Murray’s hand-picked police chief, Kathleen O’Toole, was sworn in to lead the beleaguered department, and tomorrow at 1 p.m. he will hold a special meeting with the city council to address “gun violence,” which could be a learning experience for one and all.

O’Toole has been in and out of law enforcement in Massachusetts and recently in Ireland, but she’s yet to walk a beat west of the Mississippi or north of the Columbia and when – not “if” – the mayor starts talking about gun control, she’ll be facing something not found in the Bay State. Gun owners in Washington State don’t need permission from police or politicians to exercise their rights, and they know it. Local governments can’t set their own firearms policies, and gun owners know that, too.

Ah.  It’s always nice to see the reaction of communists when they land in a free state.  During the DNC when so many cops from around the nation were in Charlotte assisting the “Federal Protection Police” to keep Obama safe, local news reported that the Chicago [and other] cops – during their off time – had found a new favorite place to hang out: Hyatt Gun Shop.  Not coincidentally, I like Hyatt too, and I know Larry on a first name basis.  Hyatt Gun Shop, if you’ll recall, was the store that sold $1 million worth of AR-15s in a single day just prior to Christmas several years ago.  Perhaps the cops had never seen so many law abiding citizens buying and carrying weapons.  To Ms. O’Toole, welcome to freedom.  Don’t expect to change it.  You’ll fail.

David Codrea:

“We are at present two peoples, two countries really, living within a common border and sharing (mostly) a common language but divided upon the answer to this question: does the government serve the people or do the people serve the government?” Vanderboegh elaborated. “This is not a question that the answer can be finessed, negotiated or ignored. It is one or the other, that of individual liberty as the Founders intended or of collectivist power in service to a few.”  “Yet we shrink from the honest conclusion,” he continued. “And that conclusion is that such mutually exclusive worldviews cannot long coexist without one or the other winning out.

David is covering Mike, and Mike is telling hard truths.  We won’t vote our way out of this mess.  Upon my last (and only visit) to New York, I remarked to my son that although I share a common language with them, I hardly even consider them to be fellow countrymen.  We have almost nothing else in common.  If I publish on labor unions and Remington (as I have), I make enemies of even the most ardent gun rights advocates in the North.  I mean no disrespect to my Northern readers, but if there is one day a rebirth of America, it will include you or not, but you will get to make that call.  Right now, I have my doubts about your willingness to participate.  There are good folks in Connecticut and New York, but we may be approaching the time when you need to get out.  The die may have been cast in your home states.

Mike Vanderboegh has a link to The Soldier’s Load.  It’s a good and educated study.  Drop by and read it, and then take a turn into history and recall what I said here about combat load, and then here concerning the ability to live and function in your environment.

Kurt Hofmann:

Any restriction on guns, ammunition and accessories justified by their failure to meet the government’s idea of “sporting purposes” is very clearly a violation of the rights guaranteed by the Second Amendment, as the court ruling in Pennsylvania helps illustrate.

Sean Linnane has an article up entitled Operation Zero Footprint on Benghazi.  It is absolutely must read for those who care about the badness that is the current U.S. government.

Guns Tags:

The Metrics Of School Shootings

BY Herschel Smith
8 years, 1 month ago

As I’ve said before concerning gun rights and favorable statistical outcomes:

… what happens to society at the macroscopic level is immaterial.  My rights involve me and my family, and don’t depend on being able to demonstrate that the general health effects in society are not a corollary to or adversely affected by the free exercise of them.

It’s insidious and even dangerous to argue gun rights as a part of crime prevention based on statistics because it presupposes what the social planners to, i.e., that I’m part of the collective.

Kurt Hofmann has weighed in with an affirmative vote for my position here and here.  This is [partly] why I don’t give John Lott the time of day (there are other reasons).  But occasionally it pays to examine the anti-gunner’s data and show them up for the poor scientists they are.  One such example comes to us from The Washington Post.  The author waxes knowledgeable about school shootings, and then presents this map.



What the author doesn’t tell you is this.  Savannah State, historically black college; South Carolina State University, historically black college; Paine College, historically black; Stillman College, historically black; Grambling State, black college; Stevens, inner city St. Louis, majority black; Elizabeth City State University, historically black college; North Carolina A&T, black college; and Tennessee State, black college.

Chris Conover also upbraids the anti-gunner statistics at Forbes.  The lesson is that they anti-gunners see what they want to, and when they [inadvertently] land on a meaningful social and cultural observation concerning black-on-black crime, they don’t turn it into a full blown commentary or analysis.

Because it doesn’t fit the narrative of collective responsibility.

The PCUSA On Guns

BY Herschel Smith
8 years, 1 month ago

Presbyterian Church (USA) on guns:

Among other things, the Assembly’s action calls for:

  • formation of support, healing and advocacy groups for those who have experienced gun violence in their families;
  • opposition to legislation that exempts gun manufacturers and marketers from legal liability and/or financial accountability for the medical and security costs of predictable gun misuse and availability to criminals, the unstable, and the self-destructive;
  • opposition to “stand your ground” and other legislation that may entitle gun owners to shoot before taking alternative measures (such as relying on law enforcement and/or other de-escalation techniques) in perceived defense of persons or property;
  • encouraging church sessions and PC(USA) entities that own property to declare their particular premises and gatherings to be gun-free zones;
  • raising the age for handgun ownership to 21;
  • supporting legislation to ban semiautomatic assault weapons, armor-piercing handgun ammunition and .50-caliber rifles; and
  • advocacy in support of state and federal legislation to regulate ammunition.

I’m not part of the PCUSA, but having attended Reformed Theological Seminary, I know something about the history of Presbyterianism in the U.S.  The problem started with the Auburn Affirmation, and even before then from the theological liberalism that led directly to that abomination.

Notice that the denomination doesn’t just engage in tactical blundering and hot air.  To be sure, there’s plenty of that to go around.  Reliance on LEOs during period of peril to your life or the lives of your loved ones means that the fight is over by the time (8 – 15 minutes) a LEO arrives.

They go beyond their tactical incompetence and recommend bankruptcy of gun manufacturers when their weapons are misused (similar recommendations for Stanley, Kobalt, Craftsman and other manufacturers of hammers probably won’t be forthcoming when crimes are committed with hammers).  And if that’s not good enough, they recommend new laws that would end with confiscation and civil war when SWAT teams are sent to the doors of patriotic Americans who won’t allow their means of self defense to be confiscated.  So the PCUSA recommends what would inevitably become a bloody mess with cops laying dead in the streets and innocent citizens laying dead in their doorways.

In the mean time, they leave men and women undefended because of their turn to politics to address the theological problems of mankind.  We’ve discussed God’s views of the requirement to defend your loved ones.  The simplest case for killing those who would bring harm to your family lies in the decalogue.

God’s law requires [us] to be able to defend the children and helpless.  “Relying on Matthew Henry, John Calvin and the Westminster standards, we’ve observed that all Biblical law forbids the contrary of what it enjoins, and enjoins the contrary of what it forbids.”  I’ve tried to put this in the most visceral terms I can find.

God has laid the expectations at the feet of heads of families that they protect, provide for and defend their families and protect and defend their countries.  Little ones cannot do so, and rely solely on those who bore them.  God no more loves the willing neglect of their safety than He loves child abuse.  He no more appreciates the willingness to ignore the sanctity of our own lives than He approves of the abuse of our own bodies and souls.  God hasn’t called us to save the society by sacrificing our children or ourselves to robbers, home invaders, rapists or murderers. Self defense – and defense of the little ones – goes well beyond a right.  It is a duty based on the idea that man is made in God’s image.  It is His expectation that we do the utmost to preserve and defend ourselves when in danger, for it is He who is sovereign and who gives life, and He doesn’t expect us to be dismissive or cavalier about its loss.

So while you claim to be a lover of the children, you actually advocate abuse of children because you would disarm the very people with the sworn duty to protect, nurture and provide for them.

The PCUSA is directing its people to run their lives contrary to God’s law, while trying to implement warmed over, washed up hippie ideology as a solution to what ails mankind.  Thus goes perishing denominations.

We’re The Only Ones Pimping Enough

BY Herschel Smith
8 years, 1 month ago

NY Daily News:

An internal investigation has unveiled years of police corruption at Washington state’s King County Sheriff’s Office when a deputy accused of helping his wife turn tricks in Seattle was arrested for promoting prostitution.

Records show Darrion Keith Holiwell, 49, was booked into King County Jail on Thursday morning on charges of promoting prostitution, theft and a drug violation after he became the subject of the investigation while on paid leave.

Sheriff John Urquhart unraveled the complex probe at a press conference and confirmed Holiwell pimped his wife on Backpage.com and took 80 percent of her earnings.

Holiwell used the cash to support himself while he took paid time off for an injury, and he apparently “needed the money,” Urquhart said.

His wife does not have a record of criminal activity, but was reportedly willing to work in the escort business.

Even though the couple was going through a bitter divorce with a vicious custody battle over their children, Holiwell served as her protector when she worked as an escort. She even took pictures of her client’s driver’s licenses and would send them to Holiwell.

Other than this, I’m sure they make a very nice couple.  And remember kids, only professional law enforcement officers can be trusted with firearms and authority.

Evil Judges

BY Herschel Smith
8 years, 1 month ago

CBS Seattle:

A U.S. Navy sailor from Washington State is currently serving on a submarine thousands of miles away in the Pacific Ocean, but a judge has ordered him into an impossible custody scenario: Appear in a Michigan courtroom Monday or risk losing custody of his 6-year-old daughter.

Navy submariner Matthew Hindes was given permanent custody of his daughter Kaylee in 2010, after she was reportedly removed from the home of his ex-wife, Angela, by child protective services. But now a judge has ordered him to appear in court Monday, or risk losing his daughter to his ex-wife in addition to a bench warrant being issued for his arrest, ABC News reports.

Hindes’ lawyers argue he should be protected by the Service Members Civil Relief Act, which states courts in custody cases may “grant a stay of proceedings for a minimum period of 90 days to defendants serving their country.”

But the Michigan judge hearing the case, circuit court judge Margaret Noe, disagrees, stating: “If the child is not in the care and custody of the father, the child should be in the care and custody of the mother.”

The judge reiterated that regardless of Hindes’ assignment under the Pacific Ocean, he will appear in court or face contempt of court.

Let’s not get too wrapped around the axle on whether the judge made the right call on custody of the child.  For all we know the sailor is a chump and the wife should have custody.  That’s entirely beside the point I want to make.  The real problem comes with her declaration that the U.S. Navy stop their ship, perform an emergency egress of one of their sailors, get him to court, and suspend their own requirements that he be at his post, thus ignoring the fact that he would be UA if he appeared before her.

All of this is to appease her whims.  Why does all of this matter to us?  Because it’s emblematic of the behavior of judges and the entire prosecutorial system today.  If this hag gets away with her abuse, then she may as well haul innocent people into court and demand that they throw salt over their left shoulder while they howl at the moon on Thursday at midnight, give her $100 for her next pair of high heels, and then turn in all of their guns to be destroyed.

And worse still, while the effete, pampered, self-important ruling class makes up the rules as they go, they turn to the goober squad to enforce those judgments.  And like good goobers, the LEOs always oblige – you know – because of the “rule of law.”  We wouldn’t want anarchy to break out or anything like that.

I have to appear in court soon for jury duty.  I didn’t realize until someone told me that if they don’t happen to have the people they need when they need them for a case, Sheriffs (at least in my neck of the woods) reserve the right, under the authority of judges, to go to local shopping malls, apprehend people, in cuffs if necessary, and haul them into court for jury.  It doesn’t matter if the person they haul in happens to be buying medication for their spouse who has just had surgery.  If Ricky, who bought an ounce of marijuana, needs to be incarcerated that night and they can’t find jurors, your spouse has to wait.  Your ass belongs to the state, because we wouldn’t want Ricky to wait until next Monday to have his time in court.  Because as you know, we wouldn’t want anarchy to break out or anything.

This kind of abuse in the prosecutorial system will continue until men of strong heart throw the bastards out, by force if necessary.

Notes From HPS

BY Herschel Smith
8 years, 1 month ago

Mike Vanderboegh:

So if you wish to stay free, prepare to resist, defy, evade and smuggle. The Founders did. The enemies of liberty will certainly never be convinced by anything less.

Make sure to catch Mike’s recent speech in Big Spring, Texas.  He has some praise for your favorite President.

David Codrea:

So Abramski has become law, meaning it has been transformed into stare decisisüber alles, and it can become the basis for more bad rulings across the country. To stop that from happening, gun owners who are sitting on the sidelines must join the fight for gun rights, or the decision’s arcane language and legal parrying involving milk and iPhones will devolve further into how many angels can dance on the head of a pin.

Yea, and I fear it will become the basis for much more than bad rulings.  I’m afraid that this will empower the federal Leviathan to become even more intrusive with regulations that take on the force of law.

Kurt Hofmann:

Every mass shooting is immediately followed by clamorous calls for more restrictive gun laws. These days, it’s primarily calls for “universal background checks.” One little problem–every one of the guns used in every one of the recent mass shootings was bought with the buyer having passed such a check. Sandy Hook Elementary, Isla Vista, Phoenix, Ft. Hood (twice), Aurora movie theater, Virginia Tech–each and every one of those guns was sold without any fabricated “loopholes.”

A prominent anti-gunner says they have a “messaging problem.”  They have more than a messaging problem.  They have lies and they don’t have the guns.  We have both truth and guns on our side.

Guns Tags:

What, Exactly, Is The Deal With Colt?

BY Herschel Smith
8 years, 1 month ago

I published Colt: The Gunmaker Who Can’t Shoot Straight, and thought that would be the end of it.  Today Janes published this.

Colt Defense have unveiled their new CK901 assault rifle, chambered in the Russian 7.62 x 39 mm cartridge, at Eurosatory 2014 in Paris.

Speaking to IHS Jane’s , a Colt Defense representative stated that the CK901 has been ordered by the Yemeni Republican Guard to replace their existing AK-47s.

According to Colt Defense representatives, the CK901 was designed for military customers in countries that use the AK-47, or AK-47-based rifles, and therefore still utilise, manufacture or possess large stockpiles of 7.62 x 39 mm ammunition.

The distinctive feature of CK901 is that it can be fed from all types of standard and non-standard AK-47 pattern magazines. Colt has thoroughly tested the rifle on all available steel or polymer magazines to assure reliable feeding of cartridges, the company stated. The company also offers the weapon with a US-made 30 round magazine manufactured by US Palm.

The CK901 is a gas-operated rifle based on the existing Colt Modular CM901 multicalibre (5.56 or 7.62 mm NATO) weapon family debuted in 2010.

The firearm uses the direct impingement gas principle with a rotary bolt locking mechanism. The weapon is equipped with a monolithic upper receiver, fitted with an upper and lower M1913 Picatinny rail and side rail attachment points.

I don’t like the 7.62 X 39 mm cartridge, but that’s a matter of personal choice.  Frankly, if I were going to choose such a caliber for this type of weapon, it would be a 300 Blackout.  In the mean time, I’m quite happy with my Rock River Arms AR-15, 5.56 mm.  I’ll follow Eugene Stoner rather than Kalashnikov, and if I get another Stoner-style rifle, it’ll be a .308.

But even if you do like the cartridge, Colt has almost run itself out of business by sucking at the teet of government contracts, so much so that they lost all respect for QA in their product line, and jettisoned most products except what they were providing to the government.  When is the last time you saw a Colt Python for sale at a reasonable price?  As for that matter, have you forgiven Colt for dropping the manufacture of double action revolvers?

So if they can’t have the U.S. government contract for M4s, apparently they’ll go chase the foreign government market.  How sad.

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