Giffords Law Center Presents Anti-Gun Arguments That Contradict Not Only The Constitution, But Their Own Positions

Herschel Smith · 22 Apr 2020 · 6 Comments

In an Amicus Brief submitted to the United States District Court for the Southern District of California, Miller versus Becerra, the Giffords Law Center and associated attorneys make the following argument. Such combat-style features distinguish military rifles and their semi-automatic counterparts from standard sporting rifles, and are not “merely cosmetic”—they “serve specific, combat-functional ends.” H. Rep. No. 103-489, at 18. The Regulated Assault Rifles include features that…… [read more]

Mark McCloskey Has To Defend Home And Family With An AR-15

BY Herschel Smith
1 week, 4 days ago

By now every one has seen the viral video pictures and discussion about Mr. Mark McCloskey and his wife outside having to defend home and hearth with firearms.  What happened leading up to this is very important.

… [A]s soon as I said this is private property, those words enraged the crowd. Horde, absolute horde came through the now smashed down gates coming right at the house. My house, my east patio was 40 feet from Portland Place Drive. And these people were right up in my face, scared to death. And then, I stood out there. The only thing we said is this is private property. Go back. Private property. Leave now.

At that point, everybody got enraged. There were people wearing body armor. One person pulled out some loaded pistol magazine and clicked them together and said that you were next. We were threatened with our lives, threatened with a house being burned down, my office building being burned down, even our dog’s life being threatened. It was, it was about as bad as it can get. I mean, those you know, I really thought it was Storming the Bastille that we would be dead and the house would be burned and there was nothing we could do about it. It was a huge and frightening crowd. And they were they broken the gate were coming at us.

The man in the picture above is trespassing, and if he threatened Mr. McCloskey, he deserved to be shot until dead.  One must take seriously verbal threats, especially if the one threatening has already trespassed on to private property.

This is called self defense, and it’s covered in the commandments of the Almighty.  It’s not only a right, but a duty.  Mr. McCloskey would have been neglecting the commandments of God had he abandoned his home and wife to the mob.  One cannot assume that he can retreat fast enough to escape danger, and Mr. McCloskey is responsible under Biblical law not only for his own life, but the lives of those under his responsible charge, in this case, his wife.

There is a video embedded below, but before we get there, I do have a few tactical suggestions that future victims like Mr. McCloskey might want to consider.  Nothing says back away and leave my family in peace like an AR-15.  It gives the ability for rapid target acquisition, quick recovery of sight picture, and ability to produce heavier volume fire than if he had to chamber another round (e.g., as with a bolt action rifle).

Furthermore, a shotgun would have been limited in magazine capacity, even a tactical shotgun like an M4 Benelli.  Readers can claim until they’re blue in the face that they just want their .308 or 30-06, but when it comes to CQB, there is nothing like the carbine.  You can have your M1, there is nothing like an AR-15 in this circumstance.  Everyone knows this is true, and it’s a good thing that Mr. McCloskey had that go-to weapon at his disposal.

I would suggest some training for him though.  The particular stance, holding at the hip, is worthless and counterproductive, and could actually convince the assailant that you didn’t know what you were doing.  He needs some practice at the range, holding at the low ready, and proper use of the sling.  A tactical vest, along with at least Kevlar armor, able to hold additional magazines, would also have been handy in this circumstance.

If Mr. McCloskey intends to continue allowing his wife to carry a weapon, she needs some training in proper muzzle discipline and grip technique.  There is deep fear in her eyes, and some training could have added confidence to her presentation.  She also needs a legitimate weapon.

None of the things I’ve said above should be interpreted as mocking the gentleman and his wife.  I think he acted bravely, even if I might have done things a bit differently.

You can expect to see video and pictures of this event shown, brought up, and discussed from now on until and through the election.  This was a big deal, because it wasn’t someone who approached the violent mob intending to make trouble, it was a home owner defending his life.  Similarly, the poor lady who was under threat by the mob in Fredericksburg, Virginia, is an event that should stick in the minds of readers for a very long time.

The self righteous circuit attorney, Kim Gardner, has her panties in a wad over this.  It doesn’t matter since Mr. McCloskey was acting in self defense.  Exactly why she would act the way she has concerning this might be confusing to someone who doesn’t understand the mob, but the important thing to grasp concerning Kim is that she is part of the mob.  Glenn Reynolds says it best.

That’s why they don’t want you to own guns. And that’s why the Ken-and-Karen case has the left and its media enablers so upset. They want you cowering in your home, calling for police protection that their political action has made sure won’t come. Or worrying that that might happen so that you yield to their demands. If you’re out on the steps with guns in your hands, suddenly the script has flipped. Either they’re intimidated, which is bad for morale when you’re running a mob, or they escalate and become so violent that the “deniable” part of the intimidation is gone, because they can’t pretend even to themselves that this was a “parade” of “peaceful protesters,” and a more violent response to the mob becomes certain in the future. And while mobs can dish out violence, they usually don’t take it very well, lacking discipline and cohesion. That’s why the goal is to keep the violence ongoing, but at a low enough level that it seems easier to go along than fight. Open resistance interferes with that, and sets an example for others.

They want you to be disarmed before the violent mob.  Kim Gardner wants that too.  Resolve not ever to be disarmed, and resolve to be like Mr. McCloskey, at least in spirit.

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The American You Grew Up In Is Dead And Will Never Return

BY Herschel Smith
1 week, 5 days ago

Via David Codrea, this video is absolutely necessary viewing.

Watch the video again if you must.

In order to understand this, you need to jettison quaint notions of America the beautiful, and embrace where you find yourself, however uncomfortable it may be.  A dose of reality will go a long way to prepare you for the future.

This lady made a usual and otherwise sensible decision, that is, to go out and get supplies she needed for her family.  In the America that existed in the time of the Cleaver family living in Mayfield, this might have been a good idea and a customary thing to do.

No more.  True especially for urbanites, and to some extent even for suburbanites, people need to understand the signs of the times, what’s going on around them, and prepare for exigent circumstances.

BLM/Antifa targets urban areas, and so this poor lady drove right into a trap.  BLM/Antifa are Marxists, revolutionaries, hoodlums and ne’er-do-wells.  They embrace violence as a means to an end.  The end is revolution and the ultimate overthrow not just the government, but of the entire system.

They couldn’t have cared less about this woman’s safety or the safety of her child.  She could have rolled the window down and expressed agreement with the ideas she heard, and it would have made no difference.  She was fodder for violence.  Furthermore, assuming that she was white, she committed the ultimate sin of bringing another white child into the world.

Oh it’s true that she could have driven over these thugs and used the 911 call in court to defend herself, but you see, that means spending $100,000 to defend herself, money she may not have had, even then possibly not successfully staying out of prison.  Some aspiring young graduate of the local law school, wanting to make a name for herself, might have put her in prison regardless of what the righteous thing was.

There is a reason men and women alike are buying guns and ammunition.  America is in the middle of a revolution, and the violence is just beginning.  These are just skirmishes, and it will get much worse.  In order to avoid the necessity to make the decision to run over people or pull the trigger – there is a lawyer attached to every round you discharge – stay away from crowds.

But that may not be possible in every circumstance.  Study the law, learn to retreat, learn means of self defense, with and without a weapon, learn to use improvised weapons (a vehicle might be one consideration), and most of all, understand that just like the Bolsheviks, there is no peace with these people.  You cannot accommodate them, you cannot appease them, you cannot make them happy, and you cannot compromise with them.  They are your sworn enemy, whether you want them to be or not.

The Marxists have successfully swept through the academy, corporations, the government and churches. Everything else is just cleanup.  All of the pieces have been put into place, and the war is upon you.  The America you knew and loved is dead.  It will never return in its old form.  The form, fit and function of the new America will be different than the past.

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Get Some Training

BY Herschel Smith
1 week, 5 days ago

David Codrea.

So it’s not just “gun nuts” adding to their “arsenals,” as the gun-grabber groups would have us believe. A significant percentage are women or are from restrictive states like California, where, feeling threatened by what they see on the news, have started discovering just what they’ve been missing.

The thing is, with all these new gun owners, the chances for negligent discharges and other bad things happening through ignorance go up. Like “Gunners’ Guru” Jeff Cooper famously observed, “Owning a handgun doesn’t make you armed any more than owning a guitar makes you a musician.”

David recommend a specific book, and that’s great.  Reading is the first step.  Owner’s manuals are great too, but if you’re a new gun owner and new to this blog, I recommend that you get some training.

You can even write me and I’ll make some recommendations for training.  The point is, while you’ll occasionally find arrogant gun owners like you find in any discipline, most of us are very nice, willing to help, and anxious to teach.

Don’t be shy.

The Deep State Couldn’t Allow Michael Flynn To Go Unmolested

BY Herschel Smith
1 week, 5 days ago

He had designs for the deep state.

Sidney Powell, attorney for retired Lt. Gen. Michael Flynn, said her client, in his duties as the White House national security adviser, was prepared to “audit” the U.S. intelligence community.

That, according to the former federal prosecutor, is partly why federal agents “set up” Flynn.

Powell, who took over Flynn’s defense last summer, told the “Vickie McKenna Show” on 1310 WIBA Madison that her client was “totally set up” because he threatened to expose wrongdoing by top intelligence officials in the Obama administration.

“He was going to audit the intel agencies because he knew about the billions Brennan and company were running off the books,” Powell said, referring to former CIA Director John Brennan.

Flynn was picked by former President Barack Obama to serve as director of the Defense Intelligence Agency in 2012, but he was pushed out of the position after clashing with Director of National Intelligence James Clapper and others.

He simply knew too much.  Following the money would have led to weapons trafficking in Northern Africa, involvement by the CIA, military contractors and other elements of the deep state in Syria and Libya, trafficking in gems, previous metals, cash, humans, and a formidable flow of money into the pockets of deep state actors.

Illicit bank accounts and financial dealings would have been laid bare, names would have gone public, and then America would have known.  The deep state couldn’t allow that to happen, and General Flynn had a target on his back from the day he announced his support for Trump.

Seattle Mayor Doesn’t Really Understand The ‘Woke’ Culture Yet

BY Herschel Smith
1 week, 5 days ago

But there’s hope that she will in the future I guess.

Seattle Mayor Jenny Durkan expressed outrage after Black Lives Matter protesters showed up at her home Sunday afternoon, despite her previous support and defense of the “CHOP” encampment.

Protesters targeted her home after Durkan announced last week that the city would no longer support the Capitol Hill Organized Protest encampment and would seek to remove the concrete barriers that helped define the autonomous zone. But the CHOP remains intact.

Durkan released a statement expressing her anger at the protest. She was especially upset that Seattle City Council member Kshama Sawant had joined the protesters at her home.

“Mayor Durkan and her family are in the state program to keep their address confidential because of the death threats mostly related to her.

Like most sheep, she sees herself as eaten last by the mob.  The mob changed its mind.

Will she understand that she’s really just a tool who the mob intends to use and then discard?  Do others understand that you cannot make peace with the mob?

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Rand Paul Hasn’t Given Up On Civil Asset Forfeiture

BY Herschel Smith
1 week, 5 days ago

Reason.

Amid popular calls for policing reform, a handful of senators are resurrecting a bill to make it harder for police to take people’s property without first convicting them of crimes.

Sens. Rand Paul (R–Ky.), Mike Lee (R–Utah), Mike Crapo (R–Idaho), and Angus King (I–Maine) reintroduced the Fifth Amendment Integrity Restoration (FAIR) Act this week to significantly restrain the federal use of civil asset forfeiture, a practice that lets police and prosecutors seize and keep property they claim are associated with criminal activity.

Because the process is “civil,” it often allows police to do this without ever proving the property owner has committed a crime, or even charging them with criminal action. Those facing the forfeiture process often have to pay for their own lawyers (if they can afford lawyers, what with their assets being seized) and face a complex bureaucratic process stacked against them. This was sold as a way to fight drug cartels, but over the past several decades it has become clear that cops are abusing the process to pad their budgets and payrolls. Instead of drug kingpins, the targets are frequently poorer people, often minorities or immigrants, who lacked the financial resources to fight back when police took their property. Law enforcement agencies have raked in more than $35 billion in this way over the last two decades.

Several states have tried to curtail abuses by imposing their own restrictions on forfeitures, but the federal Department of Justice’s programs can be used to bypass state-level restraints. The Justice Department’s Equitable Sharing program allows local law enforcement agencies to team up with the FBI or Drug Enforcement Administration to do a raid, then launder the assets they seize through the feds and keep much of it.

The FAIR Act would eliminate such “equitable” sharing, forcing law enforcement agencies to comply with state-level restrictions on forfeiture. It also increases the evidentiary threshold for forfeiture, requiring “clear and convincing evidence” that the property to be seized is connected to a crime, compared to the current, much looser standard or a “preponderance of the evidence.” It’s still not the same “beyond a reasonable doubt” threshold to get a conviction, but it’s nevertheless an improvement.

[ … ]

This time Paul says he’ll be attempting to attach the FAIR Act as an amendment to any police reform bill the Senate might consider. Unfortunately, it’s not clear that the Senate will actually be considering any of them.

Because it’s the right thing to do, this doesn’t stand a snowball’s chance in hell of passing.  So the next time you hear anything about police reform, consider that it’s just window dressing until this bill has passed.

Colorado Ban On Standard Capacity Magazines Held Constitutional By Court

BY Herschel Smith
1 week, 5 days ago

News from Colorado.

DENVER — Colorado’s ban on large-capacity gun magazines is constitutional.

The Colorado Supreme Court issued its ruling Monday morning, ending the seven-year challenge by Loveland-based Rocky Mountain Gun Owners.

In 2013, one year after the Aurora Theater Shooting, Colorado’s democratic-controlled legislature passed a number of gun reform bills, including House Bill 13-1224, which banned the sale and transfer of magazines that hold more than 15 rounds of ammunition. Then-Gov. John Hickenlooper signed the bill into law, which took effect July 1, 2013.

Rocky Mountain Gun Owners sued in state court, saying it violated the right to bear arms under Colorado’s Constitution. Because of that, Monday’s ruling is final and cannot be appealed to the United States Supreme Court.

Oral arguments in front of the Colorado Supreme Court took place on Nov. 13.

“We hold that HB 1224 is a reasonable exercise of the police power that has neither the purpose nor effect of nullifying the right to bear arms in self-defense encompassed by article II, section 13 of the Colorado Constitution,” the 7-0 ruling concluded.

7-0, without batting an eyelid, without so much as a dissent.  At this point what difference does it really make?  We cannot turn to the black robed tyrants to defend God-given rights, as they don’t believe in God.

If any gun owner throws away his standard capacity magazines because of this, he is a fool.

The System Has Already Burned Down

BY Herschel Smith
1 week, 6 days ago

BLM has made their intentions clear.

A Black Lives Matter leader told Fox News on Wednesday evening that if they are not given what they want then they will “burn down” the system.

Hawk Newsome, head of Black Lives Matter for Greater New York, part of the neo-Marxist Black Lives Matter movement, made the remarks in a combative interview with Fox News anchor Martha MacCallum.

[ … ]

“If this country doesn’t give us what we want then we will burn down the system and replace it,” Newsome responded. “All right. And I could be speaking figuratively, I could be speaking literally. It’s a matter of interpretation. Like let’s be very real and observe the history of the 1960s. When black people were rioting we have their highest growth and wealth and property ownership.”

People have begun to look to the future and what it may look like.

America faces three scenarios.

  • One: Trump is re-elected on a wave of anger over the looting and anarchy unleashed by the “I-Can’t-Breathe” narrative. Trump sends Javanka packing, dispatches the troops to restore order, extends the immigration moratorium, finally builds the wall, and begins mass deportations as the White House protects the dissident Right from deplatforming by the Tech Totalitarians.

That scenario is most likely a fantasy.

[ … ]

  • Two: Trump loses, and the Blob and its allies triumph. But because this is a country now and not a nation, with no shared sense of common identity and agreed-upon history, culture, beliefs, or language, only a full-blown police state can hold it together.

Even that might not ensure order in a chaotic post-America, and the diminishing number of whites will surely not enjoy the protection of the state. At some point, white Americans might well be living like white South Africans, ever in fear for their lives.

[ … ]

  • Three: The country breaks apart, and the Historic American people establish enclaves for themselves and others who love and fondly remember the old America.

Those scenarios are possible, except for #1.  Actually, #2 could only ever be temporary, as I don’t even believe that a full blown police state could hold it together.  Neither do others, I suspect, as witness the massive gun and ammunition buying spree Americans are currently on.

But burning the system down isn’t something that will happen in the future- it’s already happened.  The fruits of Horace Mann (1796 – 1859) and John Dewey took a long time to ferment, but they did, and their children now self flagellate over “wokeness” and whiteness and imaginary infractions and sins, all the while ignoring the maker of the universe, the only sovereign, and the only potentate who can legitimately demand loyalty and obedience.

The real root of the problem lies not in the current disembowelment, but rather, that it is a replacement religion for the vacuum left by the utter and complete failure of classic Christianity in the West.  True religion, Christianity, was under attack for centuries by German higher criticism and modern philosophy, but actually held fairly strong in America until about the early 20 century.

By that time, the influence of John Darby (1800 – 1882) had begun to be felt, and his acolyte Scofield (1843 – 1921) popularized his ideas.  Mann’s ideas would have had little traction had it not been for a weakened, decimated Christianity that believes that the world is getting worse and worse and worse and Jesus is coming soon, and rather than “take every thought captive” to the claims of Christ, as the Calvinist would say, the job of the Christian is to make converts, cloister and expect the soon release from the hell that the church themselves created by turning their backs on the world.

Rather than be salt and light as commanded, the church turned over science to Darwin, the arts to the pagans in Hollywood, and politics and law to the demons in Washington and their “expert” linguists in the schools of law to teach them how to twist every word ever spoken.  The racists want reparations, or more redistribution of wealth (a colloquial term for theft), the woke mob is even now targeting STEM, and the Marxists want to tear down now just statues, but every vestige of Western history and culture, most especially the church.

America is not going to rupture, it has already ruptured.  The framework had begun to be hatcheted some century or more ago.  The American church is to blame.  “Go forth and make disciples” became “Go forth and snatch brands from the fire before we all get a free ride out of here, and maybe there will be football, beer and brats in heaven.”  The church got one half of it right, but therefore all of it wrong because it missed the “disciples” part of it.

Dispensational, premillennial rapturism neutered American Christians and rendered them pathetic; it is the greatest lie and hoax ever perpetrated on the Christian church.  If you’re looking for a root cause of all of the pain and suffering we are soon to endure, look no further than ourselves.

Biden On Firearms

BY Herschel Smith
1 week, 6 days ago

World Net Daily.

Speaking to Wired in an interview published Thursday, Biden said that no amendment is “absolute,” thus suggesting that even something as precious as the freedoms guaranteed under the Bill of Rights are not set in stone.

Responding to a public curiosity about his gun control platform, Biden explained not only what he felt about the Second Amendment, but all of the similarly vital constitutional amendments as well.

“From the very beginning you weren’t allowed to have certain weapons,” Biden said. “You weren’t allowed to own a cannon during the Revolutionary War as an individual.”

“Anybody think you should be able to go out and have a machine gun these days?” Biden asked.

“The answer is no, we have a rational policy. No amendment to the Constitution is absolute.”

Letters of Marque would of course demonstrate Biden to be an ignorant stooge, but we knew that about him anyway.

But I would argue, and have argued, that the right to weapons ownership is indeed written in stone – the stone tablets of the ten commandments.  The right and duty to self preservation and preservation of life of those who depend upon you is located squarely in the sixth commandment.

So he is also a pagan, but we knew that about him already.  The useful part of this is that you get yet another glimpse into what a Biden presidency would look like, especially if the American public hands him the senate.

Remington To Sell?

BY Herschel Smith
1 week, 6 days ago

Strange news.

Remington Arms, America’s oldest gun maker, is preparing to file for Chapter 11 bankruptcy protection and is in advanced talks for a potential sale to the Navajo Nation, The Wall Street Journal reported on Friday.

Remington is making preparations for the Native American tribe to serve as the lead bidder to purchase its assets out of Chapter 11, the Journal reported here, citing people familiar with the matter.

The report added that the filing could come with in days.

I think everyone in the gun community expected Remington to go down the toilet, especially after being bought by Cerberus with financial “engineers” skimming money from profits.

But this is odd – Navajo Nation?  I wonder what that’s all about?  What does Navajo Nation intend to do with Remington?


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