Archive for the 'Second Amendment' Category

Idaho Becomes A Constitutional Carry State

BY Herschel Smith
1 day, 9 hours ago

Second Amendment Daily.

Boise, ID–When it all hits the fan, we might just head to Idaho.  Long known as a solid Second Amendment state, Idaho just raised the bar.

Idaho Governor Brad Little has signed a bill into law that extends the right of Constitutional Carry to all American citizens.  The law goes into effect on July 1st, 2020.  This means that gun owners don’t have to be residents of Idaho to exercise the right to concealed carry in the state.

This move was spearheaded by the Idaho Second Amendment Alliance, the biggest and most powerful gun group in the state.  Headed by Iraqi war veteran Greg Pruett, the organization has a no-holds-barred approach that has forced the conversation on guns to the right for years.

If you think .gov can’t focus on anything else amid the Covid-19 panic, think again.  Idaho did it.

Say, how’s that South Carolina constitutional carry / open carry thing coming?  Has it been derailed for yet another legislative session by the progs and their panty waist republican slave boys in South Carolina?

West Virginia Preemption Bill SB 96

BY Herschel Smith
4 days, 8 hours ago

While the news is filled with gloom and doom over Coronavirus scares, some good news came out of the West Virginia earlier today. WV Governor Jim Justice signed a bill that reinforces the state’s preemption law. Senate Bill 96 is part of a concerted effort by pro-gun politicians in WV to prevent anti-gun municipalities from passing anti-gun local ordinances that could restrict the rights of WV citizens.

The wording of Senate Bill 96 is very encompassing and deliberate. This is ideal for any legislation dealing with fundamental human rights as it helps prevent future politicians from resticting those rights by playing on the ambiguity them.

Well good.  But we’re not finished yet.  Not even nearly.

What about HB 4168?  I see the governor hasn’t signed it yet.  In fact, it isn’t clear to me that anything at all has been done with it since introduction.

What gives?  Why won’t WV legislators support gun rights?

Dallas Police No Longer Responding To “Low Priority” Calls

BY Herschel Smith
5 days, 6 hours ago

USA Carry.

In what the Dallas Police Department is calling an expansion of alternate reporting methods, they are amending their response protocols to limit officer contact with the public for non-emergency and property-related offenses. They say that this will not affect their responses to crimes against persons and other “High Priority Calls”.

Instead of officer responses, victims are being asked to use the Dallas Online Reporting System and click on the “File a Police Report Online” tab. The Dept says that an investigation will be conducted just as if an officer had taken the report at the scene.

Among the low-level crimes affected are Burglary of a Motor Vehicle, Criminal Mischief, Reckless Damage, Shoplifting, Property Theft (Auto Accessories), and similar.

As a reminder to regular readers, and a brief primer for new readers, the police are under no legal obligation to protect anyone.

Castle Rock v. Gonzalez

Warren v. District of Columbia

DeShaney v. Winnebago County

For home invasions, I cannot offer legal advice, but it’s not a safe bet that the invaders are only there to steal property.

And just a reminder – never talk to the police.  That’s your lawyer’s job.

Wake County Sheriff Suspends Pistol, Concealed-Carry Permit Applications As Demand Surges

BY Herschel Smith
6 days, 7 hours ago

From a reader, news from North Carolina.

The Wake County Sheriff’s Office will suspend pistol and concealed-carry permit applications until April 30 as demand surges amid the coronavirus outbreak, Sheriff Gerald Baker announced Tuesday.

Applications that have already been submitted will continue to be processed, Baker said during a press briefing.

Pistol permit applications last week averaged 290 per day, or more than three times the roughly 90 applications per day during the same time period a year ago, according to the Sheriff’s Office.

Baker said his office needs time to manage the backlog.

“This decision does not limit anyone’s right to purchase a handgun,” he said in a news release.

Of course, that’s a lie and he knows it.

All permitting schemes are an infringement upon God-given rights, including the one in North Carolina.  If the Sheriff had said that he was stopping the processing of concealed handgun permits only, then he might have been correct, but since North Carolina has a permitting scheme for BOTH pistol purchases and concealed handgun carry, that means if someone wanted to go purchase a handgun tomorrow, he would be unable to if he lived in Wake County.

Many other counties are doing the same thing, and unfortunately, the entirety of Pennsylvania is shut down to firearms purchases because the governor issued a shutdown order for all businesses.

Even Hungarians are standing in line for firearms purchases.

About 300,000 people hold licenses for guns in each of the Czech Republic and Hungary, both with about 10 million inhabitants. Licenses are not mandatory for some light arms.

“We are selling five times as much as in a normal March,” said Gabor Vass, who runs three gun shops in the Hungarian capital including the one where Rostas bought his gas pistol.

“We could sell 15 times more if we had any more rubber bullet weapons, but we ran out.”

The shop, little bigger than a phone booth and tucked inside a suburban shopping center on the edge of Budapest, was hardly designed for an onrush of customers. But last week brought a heavy stream, people from all walks of life.

“Prepping” means doing it before, not after.

Amherst County, Virginia, Residents Line Up To Volunteer At Militia Muster Call

BY Herschel Smith
3 weeks, 1 day ago

Residents of Amherst County in Virginia lined up to volunteer at a militia muster call on Saturday, March 7. The crowd of “able-bodied residents of the Commonwealth” exercised their right to organize in case the full militia as defined under Virginia Code 44-1 is ever required to defend constitutional rights and liberties.

Floyd, Bedford and Campbell Counties have also recently held militia musters and the movement appears to be picking up steam.

It’s good to see this movement progressing.  It would be too easy to stand down in Virginia.  There’s a natural tendency to go back to the way things were.

South Carolina Gun Rights Rally

BY Herschel Smith
3 weeks, 1 day ago has this announcement for “March for our rights.”

It’s supposed to be Saturday, April 4th, 2020, at the SC State House.  Do any S.C. readers know anything about this?

I’m suspicious, because we know nothing in the announcement about who is sponsoring this.  If SC Carry is sponsoring it, it’s valid and legitimate.  If someone else, who, and does SC Carry know about this event?

Can SC readers fill in the details?

Supreme Court Leaves Bump Stock Ban In Place

BY Herschel Smith
4 weeks ago


The Supreme Court left in place on Monday President Donald Trump’s ban on bump stocks, turning away an appeal from owners of the device and gun rights groups.

Last year, the Bureau of Alcohol, Tobacco, Firearms and Explosives banned bump stock devices — attachments that essentially allow shooters to fire semiautomatic rifles continuously with one pull of the trigger.
A group of bump stock owners and Second Amendment groups sought to challenge how the administration went about banning the devices.
Justice Neil Gorsuch, who was appointed to the court by Trump, wrote a statement saying he agrees the current case should not be heard and that the court was correct not to intervene, but he was concerned with how the lower court handled the issue.
“Justice Gorsuch’s separate opinion isn’t about the merits of the bump stocks rule, but rather whether the lower court applied the correct standard of review in considering those merits. The court’s denial here suggests that the justices are willing to let lower court litigation over the controversial Trump administration rule run its course before deciding if — and how — to intervene,” said Steve Vladeck, CNN Supreme Court analyst and professor at the University of Texas School of Law.

Here is what Gorsuch wrote.

The law hasn’t changed, only an agency’s interpretation of it. And these days it sometimes seems agencies change their statutory interpretations almost as often as elections change administrations. How, in all this, can ordinary citizens be expected to keep up—required not only to conform their conduct to the fairest reading of the law they might expect from a neutral judge, but forced to guess whether the statute will be declared ambiguous; to guess again whether the agency’s initial interpretation of the law will be declared “reasonable”; and to guess again whether a later and opposing agency interpretation will also be held “reasonable”? And why should courts, charged with the independent and neutral interpretation of the laws Congress has enacted, defer to such bureaucratic pirouetting?

Despite these concerns, I agree with my colleagues that the interlocutory petition before us does not merit review. The errors apparent in this preliminary ruling might yet be corrected before final judgment. Further, other courts of appeals are actively considering challenges to the same regulation. Before deciding whether to weigh in, we would benefit from hearing their considered judgments—provided, of course, that they are not afflicted with the same problems. But waiting should not be mistaken for lack of concern.

His was the dissenting opinion, the only “justice” who expressed any problems with it all.  And if the Supreme Court had heard the case and assigned it to Gorsuch to write the opinion, he could have spent less time declaring the whole thing unconstitutional.

Thus, the Supreme Court has no balls.

Washington Post: Virginia’s Second Amendment ‘Sanctuaries’ Can’t Ignore New Gun Control Laws

BY Herschel Smith
4 weeks, 1 day ago

The Washington Post editorial page.

It would be far more alarming if a local sheriff actually makes good on the threat — by refusing, for instance, to seize a weapon from a self-destructive son or daughter whose parents have convinced a judge that suicide may be imminent if law enforcement does not intervene. In that case, it would be not only irresponsible but also illegal, and quite likely would expose sheriffs personally, as well as the localities they represent, to liability in the event of an act of violence.

[ … ]

Gun-rights activists are free to denounce such laws; they are free to mount legal challenges to their constitutionality. But unless and until the laws are struck down by a court, no one is free to violate them.

Sheriffs and other law enforcement officers are sworn to uphold and enforce duly enacted laws. For a sheriff to refuse to enforce a protective order handed down by a court would be “an unspeakable betrayal” of his duties, Mark R. Herring, Virginia’s attorney general, told us.

Well now, if this is all so easy and clear, why are they so worried about it?

Perhaps because they know that it isn’t so easy and clear, and they can’t help but be controllers to the final breath.  “Can a leopard change its spots?”

The title of the opinion piece is “Virginia’s Second Amendment ‘Sanctuaries’ Can’t Ignore New Gun Control Laws.”  Well sure they can.  The question is what happens then?  This is what worries the WaPo, and it should.

The context for this is what we’ve discussed many times before.  Unlike the editors at The Washington Post, we know that rights come from the Almighty.  The constitution is a covenant between men, and  rights are only recognized by them, not created.  Thus, black robes who deny those rights are the same as legislators who deny them, i.e, it’s all tyranny, and it doesn’t make one iota of difference who enacts that tyranny.

Action to resist that tyranny is local in this case, and we’ve noted that there is a war brewing between state-level pols and local pols and Sheriffs.  We might remark that county Sheriffs should be locally funded anyway, and that sending tax monies to Richmond is the wrong way to do that.  In any case, let’s say that the legislature declares that the salaries for constitutional sheriffs is now zero ($0) per year.

What then?  Counties will have to fund county law enforcement if they want it at all.  The next step might involve armed agents of the state entering counties to apprehend and arrest county sheriffs and his deputies.  What then?

The next step might involve boys in Ghillie suits sitting in the hills and hollows of Virginia shooting tires out of vehicles, with boys in masks, black tactical gear and body armor surrounding those vehicles with the state agents inside.

The next step might involve blindfolding those agents, driving them to the county line, confiscating their phones, money, vehicles, firearms and comms gear, dropping them off, and letting them walk home after telling them that “We will allow you to get out of this unscathed this one time, and this one time only.”

Do you see how this game is played?  This is called 4GW, and it gets uglier from this point onward.  And lest you think this is some sort of exaggerated, extremist talk, remember that George Washington was an illegal, extremist militia founder.  This is all part of American history and this was all done about 200 years ago.

4GW is like tic-tac-toe.  The only winning move is not to play the game.  That’s the best bet for the controllers.  Pass the silly laws, ignore it when the laws are ignored, and try to get out of this with just a modicum of dignity left.  Or better yet, don’t pass the silly laws at all.

As always, this commentary is for the meant only for educational and instructional purposes only, all characters are fictional, and any resemblance to persons living or dead is purely coincidental.

FOIA Response Concerning Virginia Delegate Mark Levine

BY Herschel Smith
1 month ago

Recall that I had made a FOIA request to the city of Alexandria, Virginia, concerning an incident where a man with a gun stood “outside Del. Mark Levine’s window.”  The city of Alexandria has responded.




RE: W014261-021820

Dear Sir/Madam,

This is to acknowledge receipt of your request under the Freedom of Information Act (FOIA) dated 2/18/2020 referenced above. Based upon the information contained in your request, we have conducted a thorough search of the records held by the City and find that no police report for this event exists.

This letter is for your records and to inform you that the FOIA request file is now closed.


David Lanier

Assistant City Attorney

So what the hell was that all about?  He clearly stated that he engaged the police and that the police responded and interacted with the man.  He also later stated that he wanted to press charges of some sort.

He can’t press charges without a police report.  What’s going on here?

UPDATE: David Codrea notes that “speculation that it may have been Fairfax County Police, not according to the news account quoting Alexandria police Lt. Courtney Ballentine. Someone is not being truthful and/or compliant here.”

Virginia Delegate Mark “Spray And Pray Red Hot Magazines” Levine Gets A Visit

BY Herschel Smith
1 month, 1 week ago

News from Alexandria.

Del. Mark Levine, D-Alexandria, said an armed man stood outside his kitchen window in an effort to coerce him to change his vote.

“On Saturday, a man with a large assault weapon with a large extended magazine came to my home. He stood outside my kitchen window for a couple of hours or so,” Levine said Monday on the Virginia House floor.

Levine then recounted what happened when he asked Alexandria police officers to respond to the man.

“I asked them to ask the man if he would like to come to my office instead, to come chat with me in my office in Richmond,” Levine went on. “And, if he did not want to do that, if he wanted to protest outside my office in Richmond. The man declined my offer, through the police.”

Alexandria police Lt. Courtney Ballentine confirmed that officers responded to Levine’s home Saturday and said the unnamed man was not trespassing on Levine’s property.

[ … ]

In wrapping up his speech to colleagues, Levine said he welcomes any discussion, protest or act of civil disobedience from those with an opposing viewpoint.

Ole Mark “Pray and spray red hot magazines” Levine.  I actually have trouble believing this account, as I can think of a whole host of charges they could bring against the man.  My son says Levine sounds like a “bitch and a liar.”  Besides, I can’t see the Alexandria police being that polite.

But let’s assume for a moment that this is all true.  What exactly did the little communist think was going to happen when he threatened to tyrannize the people?  Does he think that he is immune from consequences?

However, I’m happy to hear that Levine is okay with disobedience.  There’s a lot of that going to happen in the near future.  I’ll remind Levine he said that.

So this is all a lie, in which case I love it because it’ll all come out, or it’s true, in which case Levine feels threatened.  He should.  And not just from one person with a rifle.

UPDATE: I’ve submitted a FOIA request with the Alexandria Police Department to obtain the police report of this incident, if there is one.

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