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]

Good And Bad 1911s

BY Herschel Smith
7 months, 3 weeks ago

The first rule of gun club is that you don’t talk about gun club.  But I will say this much.  I agree with Tim that Dan Wesson makes a very good 1911.  Dan Wesson is owned by CZ now.  That was a good purchase by an already good company.

Merry Christmas 2021

BY Herschel Smith
7 months, 3 weeks ago

I want to tell you two stories today.  They are both true, factual, and happened in time and space.

First, I recently listened to a sermon which I consider among the top ten worst, most horrid, most theologically inept sermons I’ve ever run across in my life.

The pastor mentioned the advent of the Son of God, Jesus, who is the Christ, once or twice, and then quickly pivoted to the second coming, the thing we truly are here to celebrate, and His reign of peace on earth, lasting 1000 years, in which He will be the supreme political ruler, issuing edicts that everyone will obey.  As I said, he mentioned the advent of Christ only in passing to set up his favorite topic, the eschaton according the dispensationalist, premillennial theology.

As I said, I consider it to be one of the worst sermons I’ve ever witnessed, mostly because considered topically, it completely missed the whole point and the reason we were gather together to celebrate Christmas.  I wish I hadn’t heard this sermon.  It was just that bad.

No, no, no, no, no, no, and a thousand times no! The advent isn’t about the second coming, stupid pastors notwithstanding.

Now to the second story.  It occurred in time and space, some 2000 years ago, and it is true and factual.  Gab sent out a post on the miracle of Christ’s birth, stating that it is “arguably the single most important event in human history.”  No, there is no argument.  It is without a single doubt the most significant event in history, human history and redemptive history.  My former professor, Dr. C. Gregg Singer, taught repeatedly that in order to understand history, one has to understand the history of the church.  Not the institutional church, but the body of believers through history.

Before the idiot pagan historians tried to change it (to BCE and CE), history is dated as BC and AD (Before Christ and Anno Domini), history was seen as revolving around, based on, and centered about one event in history, i.e., the advent of our Lord.  Years decreased as the time got closer, and years increased after that momentous event, as if a funnel through which God poured out His blessing.

The Pharisees expected that their savior would come as a king and political appointee, bash the ruling Roman empire, and set himself up on a throne and once again make the Jewish nation grand.  Jesus disappointed those expectations.  He was born in a stable (literally, a cave), because there wasn’t a home to which He could go to be born.  To keep Him from freezing to death, Mary had to wrap him in the rags used to clean the feed troughs and clean the shit out of stalls.  The picture of Jesus wrapped in clean, white clothing is a sanitized lie.  He was chased literally from the day He was born by wicked rulers who wanted to kill Him.

He was God come in the flesh, abominable to the mind of the Pharisees.  The whole thing was a scandal.  A miracle yes, but a scandal.  This was the beginning of what theologians call the “Humiliation of Christ.”  His birth was among common men, his life was one of the carpenter, making things with his hands, He had no respect for the religious leaders, He didn’t come up through their “pipeline,” He carried His cross, and He perished over crimes He didn’t commit (but because He took the since of His people with Him to the cross).

Scandalous.  Not robed on gaudy tapestry, not hobnobbing with the religious leaders, but hanging with tax collectors and whores.  Scandal.  But it was He who would sacrifice His own life to appease the wrath of the Father.

21 She will give birth to a Son; and you shall name Him Jesus, for He will save His people from their sins.” 22 Now all this took place so that what was spoken by the Lord through the prophet would be fulfilled: 23 Behold, the virgin will conceive and give birth to a Son, and they shall name Him Immanuel,” which translated means, “God with us.”

In addition to saving His people, that is, all who believe in Him, the point of His birth of lowly means was to demonstrate to the religious leaders of the day that they didn’t understand sin and the fallen nature of man, the law of God, their need for a savior, or the nature of His kingdom.

His kingdom, you see, is in the hearts of men with whom He is well pleased (Luke 2:12-14).  The dispensational premillennialists make the same mistake the Pharisees made.  They think that God is going to make it all happen in an instant for us all, ruling on a political throne, with us as the bystanders.  You are aware, no doubt, that the dispensationalists, heavily Zionistic in emphasis, see this period of history as the great “uh oh” by God.  His original plan was to do just that, set up a political throne.  When He was rejected by the Jews, God had to revert to another plan (quite the inept God, yes?).

That second plan was to focus on the church, which they name the “Parenthesis.”  You and I are living in the “parenthesis” period of history according to them, where God gets a mulligan, a do-over because His first plan screwed up.

In reality, God became man living among us, died for His people, and commissioned them to go about making disciples and taking dominion for His glory.  Yes, I am a Christian reconstructionist, and always will be (viz. R. J. Rushdoony).  You see, God hasn’t told us He is going to snap His fingers and do this for us.  He sent His Holy Spirit as a helper and He has given us all the tools necessary for victory, and even ordained and decreed our eventual victory.  But He will watch with joy as His children are gathered to Himself and the world is taken for His glory.

This is no parenthesis in history.  It is history, His Story.  Everything is as intended, and there are no surprises to Him.  He had decreed it all, and it will all redound to the glory of His Son, fully God and fully man.  This is the advent, the most important and monumental occurrence in all of history.  The angels sang great songs to His praise upon His birth.  The heavens couldn’t keep silent.  The shock and glory and wonder of the sovereign of the universe taking on bodily form to save His people was too awesome for them.  Wise men came and worshipped Him.  Rulers wanted Him dead because of the threat He posed.

It was revealed to Simeon that he would not pass until he had seen the advent of the Lord’s Christ.  He did so, and could then pass away a joyful man (Luke 2:25f).  Celebrate this momentous event with your heart and soul.  This isn’t about Santa Claus.  This isn’t about the second coming.  This is about the most important event in all of history.  God is with us.

Enjoy this by Diane Bish and The King’s Brass.  Little known to most people, I once played trombone on an amateur basis, and got a chance to play along with The King’s Brass when they rolled through my city.

The Best IR Device? A Comparison

BY Herschel Smith
7 months, 4 weeks ago

I know very little about NODS, IR laser devices, or how they are used.  Therefore, I found this review to be interesting and informative.  I also find the narrator to be helpful and focused on the basics and rudiments when he needs to be, but not condescending like some presenters over YouTube.

BLUF: If you’re into this sort of thing, know what you’re getting.  It’s too expensive to throw money away.  For the rest of us, it’s just too pricey to enter the market.

When You Demonstrate To The World That You’ve Lost Your Ability For Critical Thinking

BY Herschel Smith
7 months, 4 weeks ago

Via Powerline.

I would put this squarely in the category of clinical mental illness of some sort (or various sorts).

In honor of the fact that she apparently restricted who could see her picture, here it is from a screen capture.

30-30 Shooting And Reloading

BY Herschel Smith
8 months ago

For the reloader, it was his first time shooting a lever action 30-30.  He did well (missing only once), and that’s expected.  I find the 30-30 easy to shoot, easy on recoil, and powerful enough to take anything I want to take.  I think the rifle and cartridge are a pure joy.

HR 6225: Yet Another Gun Control Bill

BY Herschel Smith
8 months ago

Here is the bill.

Here is [part] of what it does to FFLs.

  • Requiring physical security measures to prevent firearm theft;
  • Clarifying the standards by which licensed dealers, and their employees, are assessed for purposes of license issuance and renewal;
  • Repealing long-standing Appropriations Riders that have impeded enforcement of existing law by barring the ATF from using funds to require licensed dealers to conduct physical firearm inventories and prohibiting the public disclosure of firearms trace data; and
  • Increasing record retention and electronic data management and sharing for background checks. “
  • Require reporting of two or more rifles or shotguns purchased over five consecutive days, same as for pistols.
  • Close the indicted dealer loophole, prohibiting licensees immediately upon being indicted for certain crimes from receiving new firearms or transferring any firearms in their business inventory to anyone other than another licensee or a law enforcement agency.
  • Require annual inspections for “high risk” gun dealers and inspections for all other gun dealers every five years. Due to existing statutory restrictions and limited resources, only a small fraction of gun sellers are inspected annually, and a large number of those inspections reveal violations.
  • Require dealer-applicants and employees trusted with the possession of firearms to undergo background checks for FFL issuance and renewal.

The controllers never sleep.  Neither can we.

By the way, can you imagine the work stoppage and inconvenience (for the large stores) of actually taking a complete inventory for a few worthless ATF agents who didn’t have anything better to do that day?  Maybe we should encourage them to eat doughnuts rather than making fun of it.

Group wants Bible quote removed from NC building. Sheriff says: ‘I will not waiver’

BY Herschel Smith
8 months ago

News from North Carolina.

A Bible quote painted in the hall of one North Carolina law enforcement agency has ignited a very public spat between a Christian county sheriff and the national Freedom from Religion Foundation.

The foundation is demanding the New Testament quote be removed and hints legal action could follow.

The sheriff of Columbus County posted an equally pointed statement on Facebook saying he intends for it to stay.

“I am not scared of much, but I am afraid of burning in Hell,” Sheriff Jody Greene says in the post.

“The Freedom from Religion Foundation, mocks Christians’ fear of burning in Hell. According to their Facebook page, they have a contest for the Unabashed Atheist/Nonbeliever of the Week. … It is time, past time, to stand up. So let me be clear, I will not waiver on my stance and Christian beliefs.”

Philippians 4:13 is at the center of the controversy: “I can do all things through Christ which strengtheneth me.”

Foundation officials say “a concerned citizen” informed them Greene had the quote prominently displayed at his office in Whiteville. The town is about 115 miles south of downtown Raleigh.

Greene has an “obligation to provide all citizens with an environment free from religious endorsement by removing this exclusionary display,” foundation officials said in a Dec. 14 news release.

“The Columbus County Sheriff’s Office must serve all citizens equally, whether Christian or non-Christian,” FFRF Co-President Annie Laurie Gaylor says in the release. “A blatantly Christian message in a law enforcement division sends a message of exclusion.”

Those folks are so droll, and cowardly too.

Any system of law requires an undergirding philosophy.  If it isn’t Christianity, it will be utilitarianism, or instrumentalism, or whatever.  I’ve studied them in Philosophy and History of the Christian Church.  This is historically a Christian nation, even if it isn’t today.

If the atheists weren’t cowards, they would put their views into the marketplace of ideas where they would fail under the weight of irrationality.  But they are afraid of that, so they try to get the state to bully people like this Sheriff.

Hey listen, moron.  This is easy.  The Christian message is exclusive because God is exclusive.  He has said you are separated from Him by your sin, in need of a savior to give a propitiatory atonement, and that only His Son, truly God and truly man, can suffice for that sacrifice.  There is no other way.  You must bow your knee to King Jesus.  If you do not, you will suffer for eternity.

See?  Now that’s not so hard – doing a little truth-telling and teaching.  What are you afraid of, atheists?  Why are you so scared of a passage of Scripture?

The New Marlin 1895 SBL .45/70 Rifle Is the Best Lever-Action in the Company’s History

BY Herschel Smith
8 months ago

If you believe him, this new Ruger (Marlin) lever gun is getting 1 MOA with .45-70.

I will remark that it’s beautiful.

Constitutional Carry In Florida And Alabama

BY Herschel Smith
8 months ago


Some top Florida Republican lawmakers have now said they would support constitutional carry legislation in the upcoming session.

The policy would allow all legal gun owners to carry firearms without a concealed weapons license.

The constitutional carry legislation was filed by the Legislature’s most outspoken conservative member, Rep. Anthony Sabatini.

“Our very liberal Republican Speaker Chris Sprowls has gotten tens of thousands of emails from gun groups,” said Sabatini.

The policy is split into two bills.

The first would allow gun owners to carry concealed weapons without a license.

“You don’t have to go ask the government for permission,” said Sabatini.

The second would allow for open carry.

Please tell me that open carry will pass, and that I don’t have to watch any more idiotic police antics with cops showing their ass to everybody when guys open carry while fishing?  Please?


A southwest Alabama sheriff and a state House member are again jousting over whether the state should abolish permits to carry concealed handguns.

AL.com reports that Mobile County Sheriff Sam Cochran spoke before the Mobile County Commission last week endorsing a resolution to keep permits. But state Rep. Shane Stringer, a Citronelle Republican who plans to sponsor a bill in next year’s legislative session abolishing the state’s permit requirement, urged commissioners to reject the resolution. A vote on the resolution could come Dec. 28.

Stringer is a former Mobile County sheriff’s captain who was fired by Cochran because the two disagree on gun permits. Stringer argues for “constitutional carry,” the view that the Second Amendment to the U.S. Constitution bars states from requiring permits or collecting fees for people to carry guns.

Remember Sheriff Sam Cochran (aka, Boss Hogg) who literally fired Stringer for having different political views?  Yes, that Boss Hogg.

To the folks in Mobile County.  Please tell me you’re going to find a way to get rid of that tyrannical goober you have for Sheriff.  Please?

VAERS Underreports Vaccine Injuries

BY Herschel Smith
8 months ago

This doctor says by a factor of 100 (I’ll embed the video below).

This paper comes up with a value of at least 20 (twenty).  VAERS underreports vaccine injuries by a factor of 20.  Yes, I read the paper.  No, I didn’t download the data and calculations from Github and independently confirm the results.  I wish I had that much time, but I’m working too many projects at the moment to do that.  Alas, if I was independently wealthy … or paid to do the review.

But since I know how difficult it is to prepare formal papers and do the work behind them, and since I have my own Researchgate site, I have immense respect for anyone who has the confidence to put their work out for review (including all data and calculations) and take the beating that might come.

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