Archive for the 'Gun Control' Category

GOA On Surreptitious Gun Control Efforts

BY Herschel Smith
15 hours, 1 minute ago


Appropriations contained within H.R. 4502 and H.R. 4505 are at odds with the Bill of Rights. The House of Representatives has no business appropriating funds for programs that directly infringe on the right to keep and bear arms. Gun licensing, so-called “red flag” gun confiscation orders (GCOs), and gun buybacks have nothing to do with “State and Local Justice Assistance” and have everything to do with undermining the Bill of Rights. Further, it appears this legislation goes out of its way to stigmatize mental illness. H.R. 4505 appropriates $100,000,000 to bribe states to upgrade “mental health records” in the National Instant Criminal Background Check System (NICS) using the gun control laws known as the NICS Improvement Amendments Act of 2007 and the Fix NICS Act of 2018. In conjunction with the unabashed inclusion of the Schumer Amendment—which prohibits ATF from removing records from NICS even if individuals are adjudicated “not […] likely to act in a manner dangerous to public safety”—this effort will certainly lead to more innocent Americans losing their gun rights.

The controllers never sleep.  Ecclesiastes 9:3, Jeremiah 17:9.

Remington Settles

BY Herschel Smith
1 day, 15 hours ago


Remington and the families of nine victims from the Sandy Hook school massacre, the second-deadliest school shooting in US history, have reached a settlement that was years in the making: the gun-maker and manufacturer of the Bushmaster AR-15 used by shooter Adam Lanza will pay a total of $33MM. Divided up among the families, that comes to $3.66MM each (before the lawyer’s cut). The families insist the money is no substitute for the brutal killing of their loved one.

According to Reuters, the settlement must still be approved by the Alabama judge overseeing the Remington bankruptcy case. The plaintiffs allege that Remington’s marketing contributed to the shooting. In a February court filing, the plaintiff’s legal team  argued that the value of their claims could exceed $1 billion, including punitive damage – a pretty obvious negotiating tactic.

Sickening.  Why didn’t Remington fight this all the way?  There is a federal law in place to prevent this sort of thing.  Why did they cave?

And tell me why I should ever buy a Remington product again?

Via WiscoDave.

Making New York Pay

BY Herschel Smith
3 days, 14 hours ago

The Regulatory Review.

It is doubtful that state courts outside of New York would enforce New York State court judgments, especially in the 34 states with laws shielding gun sellers from lawsuits arising out of criminal misuse of weapons—many of which are precisely where the out-of-state sales that concern New York take place.

There are good things that could come out of New York’s attempt to hold firearms manufacturers liable for misuse of gun (like, say, holding Ford liable for someone using a truck to run over people).

The more difficult and less incentivized it becomes for firearms manufacturers to do business in New York, the better.

The end goal wouldn’t just be the complete end of firearms manufacturing in New York.  It would be for the atmospherics of firearms liability to be so bad in New York that manufacturers refuse to sell even to law enforcement in New York.

But where there is $$$ involved, there will always be some manufacturer who’s willing to sell to LEOs even if it means confiscation of firearms from peaceable men.

Still, the option is out there – a splintering of states and laws such that states once again become the laboratories of democracy as envisioned by the founders.

Amicus Briefs Filed In The Case Of NYSRPA v. Bruen

BY Herschel Smith
1 week, 1 day ago

There are a lot of them


Ted Cruz and 24 other republican senators.


Dave Hardy.

In all there are 43 briefs.

… 43 amicus briefs filed supporting this case. Among these groups, NRA-ILA is heartened to see support from numerous elected officials including 176 Members of the U.S. House of Representatives led by Rep. Claudia Tenney (NY-22), 25 U.S. Senators led by Sen. Ted Cruz (TX), 26 Attorneys General led by Mark Brnovich (AZ) and Eric S. Schmitt (MO), and Governor Greg Abbott (TX).

But the Supreme Court is filled with controllers and cowards.  My prediction: they’ve heard the truth now, and they will ignore it, or find some way to whittle down the scope of the decision, or decide that the meat of the claims have no standing in their court because blah blah blah.

Charleston, S.C., Shows Their Dislike Of Open Carry

BY Herschel Smith
1 week, 2 days ago

You all know that S.C. recently passed permitted open carry, soon to take effect in S.C.  Well, that’s just not good enough for the controllers in Charleston.

CHARLESTON, S.C. (WCBD) – The City of Charleston is making some changes to a few city ordinances regarding firearms as South Carolina’s new Open Carry with Training Act goes into effect on August 15th.

Monday, the Public Safety Committee voted to restrict open carry at all city permitted events. That includes, but is not limited to, parades, concerts, fairs, festivals, and, demonstrations. The act gives local municipalities the authority to implement such restrictions while staying within legal boundaries.

“We wanted to apply it across the board,” said Charleston Mayor John Tecklenburg.

The restrictions are all in the name of public safety, according to City Councilman Peter Shahid.

“Those who come to watch a parade, we want this to be a very safe operation and for those who are participating in a parade, we want them to be safe,” said Shahid.

Charleston Police Chief Luther Reynolds stated that he’s in support of the restrictions.

“I think it’s the right thing for all the right reasons,” said Chief Reynolds.

But of course you do.  Public safety.  Forget that those same guns could be carried concealed, and forget that you wouldn’t know the difference, or that the carriers may not be permitted.

But … but … for the children!  Public safety.

Smart Gunz

BY Herschel Smith
1 week, 6 days ago

Stupid news.

Tom Holland, president of SmartGunz, LLC, today announced pre-sales ordering availability of the company’s 9mm smart gun Sentry® pistol. An initial 10% discounted retail price is being offered for law enforcement and corrections agencies at $2,695.00 (single item purchase, additional quantity discounts provided) while the regular (civilian) retail price is $2,995.00 per unit. Product deliveries are anticipated to begin sometime during 4th quarter 2021. The 9mm Sentry® pistol is the company’s flagship smart gun technology firearm for use in prisoner transfer / transport as well as civilian home defense applications.

The 9 mm Sentry® features SmartGunz’s patent pending lock-out technology that is integrated with an RFID chip contained in a glove worn by the officer / owner. The officer must depress the grip safety on the firearm while wearing an RFID-enabled glove to permit firing. This helps to ensure that each SmartGunz Sentry firearm fires each and every time when it is supposed to AND ONLY when it is supposed to!

“Honey, tell the rapist and murderer to wait.  I need to get my glove on before I have a gun fight with him!  What?  Yea I know it stinks to high heaven – I haven’t washed the thing.  Oh wait!  I left it in the car.  Or not.  I don’t know where it is.”



These guys kill me.  For the same price you would spend on a boutique competition gun, you can be unable to respond in the middle of the night.


Prior: Smart Guns Tag

Fourth Circuit Goes On A Diatribe Against AR-15s

BY Herschel Smith
2 weeks, 4 days ago

In this video West Virginia attorney John Bryan details the decision of the Fourth Circuit concerning his client.  It’s a long video, but if you want to read the decision it can be found here.

This case should have been easy and quick.  In U.S. Versus Black, the Fourth Circuit had this to say.

Being a felon in possession of a firearm is not the default status. More importantly, where a state permits individuals to openly carry firearms, the exercise of this right, without more, cannot justify an investigatory detention. Permitting such a justification would eviscerate Fourth Amendment protections for lawfully armed individuals in those states. United States v. King, 990 F.2d 1552, 1559 (10th Cir. 1993).

In this West Virginia case, Walker wasn’t a felon, and West Virginia permits open carry of firearms.  But you see, Black was carrying a handgun, and Walker was carrying one of those evil ARs, so the Fourth Circuit had to do something.

Contrary to Walker’s interpretation, the Black decision does not dictate that, in a state like West Virginia where it is legal to openly carry a firearm, the act of openly carrying a firearm can never engender reasonable suspicion.

Keep your eye on the card – now you see it, now you don’t.  Because we say so.

They go on to differentiate between handguns carried in a hip holster and the awful, wicked AR-15, which is certainly the weapon of choice by mass shooters – so says the media.  That eighty people per weekend get shot in Chicago with handguns isn’t really germane.

Nor is it germane that gangs result from the evisceration of the inner city due to fatherless families and financial encouragement to have children out of wedlock, or that Coyote hunting in West Virginia and elsewhere is commonplace and a man walking in the middle of nowhere preparing to hunt Coyotes should be fairly routine stuff to the tyrants in the police force of Putnam County.

[Note: One reason guys hunt Coyotes is because they sit in wait for deer to deliver fawns, and then eat the young, disturbing the deer herd size.  Coyotes are predators.  In groups they will also threaten people.]

What matters is that the Fourth Circuit is out of Richmond and probably reads every major rag published daily by the legacy media.  Having said all of that, the real root of the problem lies somewhere else.

It lies with the folks in Putnam County, and especially with Sheriff Bobby Eggleton.  A group of people will always take on the personality of its leader.  The offending officer in this case was vulgar, obscene, rude and tyrannical, and couldn’t go three words without cursing at Mr. Walker.  I suspect that’s what the Sheriff is like too.

So the Sheriff is to blame, but probably also the County Commissioners, who should be run out of town on a rail for allowing this sort of thing to happen.

Sheriff Bobby Eggleton:

County Commissioner Brian Ellis:

County Commissioner Ron Foster:

County Commissioner Andy Skidmore:

Prosecuting Attorney Mark Sorsaia:


Sixth Circuit Bump Stock Ruling

BY Herschel Smith
1 month ago

Here it is.

A majority of the Judges of this Court in regular active service has voted for rehearing en banc of this case. Sixth Circuit Rule 35(b) provides as follows: The effect of the granting of a hearing en banc shall be to vacate the previous opinion and judgment of this court, to stay the mandate and to restore the case on the docket sheet as a pending appeal. Accordingly, it is ORDERED, that the previous decision and judgment of this court are vacated, the mandate is stayed, and this case is restored to the docket as a pending appeal.

Short and to the point.  This isn’t over yet.  It shouldn’t be.  It was an awful usurpation of power, and a stupid thing for Trump to do.

F-15s Used Against Americans?

BY Herschel Smith
1 month ago


And he continues. It’s brutal.

Splendid.  Frankly, to hear a politician speak this way is unseemly, vulgar, uneducated, unbefitting, unrefined, and indecorous.

As for the facts of the matter, I think the following groups might have something to say about this speech: VC, AQI, AQAP, and sandaled Afghan tribesmen wearing pajamas on the mountainsides of the Hindu Kush.  That about covers it – Vietnam to Yemen.

When The Judiciary Gets Involved In Gun Rights Cases

BY Herschel Smith
1 month ago

It’s not just the Ninth Circus.  It’s local and state courts too, and even in such states as South Carolina.

A state judge has ruled in favor of the state attorney general’s office over the city of Columbia in a lawsuit about a trio of gun laws the city passed in 2019.

Judge Jocelyn Newman ruled in favor of S.C. Attorney General Alan Wilson’s office in the case. Wilson sued the city back in January 2020, initially attempting to have the matter heard before the state Supreme Court. However, the Supreme Court referred the case back to the lower courts. Wilson subsequently took the case to the court of common pleas in April 2020, and both sides have been filing various pleadings and motions ever since.

The three gun ordinances were adopted by the city in 2019. One of them added homemade “ghost guns” to the city’s nuisance ordinance. Another allowed for the seizure of guns from people under an extreme risk protection order. And the third prohibits the possession of guns within 1,000 feet of a school.

Wilson has long argued that, in almost all cases, state laws on guns take precedence in the Palmetto State, and that the regulation of firearms is beyond the reach of a city or county.

The attorney general, in court filings, has cited a section of SC law that says, “no governing body of any county, municipality, or other political subdivision in the state may enact or promulgate any regulation or ordinance that regulates or attempts to regulate: The transfer, ownership, possession, carrying, or transportation of firearms, ammunition, components of firearms or any combination of these things.”

In her ruling, Newman said that the city’s gun laws violate the state’s statutes as they relate to firearms, and are invalid.

“We’ve said for three decades now that state law doesn’t allow cities, towns or counties to regulate firearms, so we appreciate the judge’s ruling,” Wilson said in a release. “These Columbia ordinances clearly violate the state law that prohibits local governments from passing any gun laws or ordinances that regulate the transfer, ownership, or possession of firearms.”

Columbia Mayor Steve Benjamin said the city plans to file a motion to reconsider the decision and, if it is denied, the city will appeal.

The case has taken a winding path through court. At one point, Benjamin, an attorney, had planned to argue the case himself if it went to trial. However, that trial never happened, as Newman ultimately granted Wilson’s request for a ruling on pleadings that had been filed with the court.

“I find it somewhat offensive and insulting that the people of Columbia were not offered the opportunity to make its case in court,” Benjamin told The State on Tuesday. “These ordinances are lawful and constitutional and deserve the full attention of our judges and judicial system.”

Wilson, meanwhile, stressed the power the state government has in shaping gun laws across South Carolina.

“The General Assembly, through state law, has reserved for itself the ability to protect its citizens’ Second Amendment rights,” Wilson said. “State law means just that — the law of the entire state. Therefore, the remedy for the city is to convince the Legislature to change the law, not to disregard it. This ruling now provides clear guidance to all local governments on future matters of gun regulation.”

Benjamin, who has been bullish on gun laws, including an effort to ban bump stocks in Columbia, insists the three city gun ordinances in question are necessary.

“The bipartisan effort to prohibit the manufacturing of untraceable ghost guns, to keep guns out of our schools and to secure more red flag laws that have been proven to save lives are important enough to warrant the hard work, attention and focus of the president of the United States, and Senator (Lindsey) Graham on red flag laws, in particular,” the mayor said. “Surely the courts could have heard our arguments.”

What should have taken a single day back in 2019, has now reached a conclusion.

Or maybe not.  They threaten to continue winding this through the courts.

America is divided, and not just between North, South, East and West.  Or just between states.  The division is between rural areas and urban, between one neighborhood and the next.

You can expect to see more of this in the future.  My own opinion of this is that the Mayor of Columbia and his attorneys should be confined to prison for wasting the time and money of the citizens of South Carolina.

But I guess Columbia loves its tyrants.

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