Archive for the 'Supreme Court' Category

SCOTUS Announces US v. Rahimi Oral Argument Date

BY Herschel Smith
3 weeks ago

Jennifer Mascia, Crackpots, and the AR-15

BY Herschel Smith
3 weeks, 3 days ago

Lee Williams writing at Ammoland.

The story was written by one of the Trace’s senior fabulists, Jennifer Mascia, who is “currently the lead writer of the Ask The Trace series and tracks news developments on the gun beat.” Mascia has also led the Trace’s hilarious we’re journalists, not activists, propaganda campaign on social media.

Mascia claims her story was a response to a reader’s question: “Many gun owners claim to buy assault-style rifles for defense. So how many documented cases are out there where someone actually defended themselves with an assault-style rifle?”

You can read the rest at Ammoland.  Jennifer is trying to assist the controllers in changing the subject from “in common use for legal purposes” to actually having used a weapon for self defense.  First of all, she doesn’t know anything about that regardless of what she claims.  No one can go to news reports and find every instance they need for a comprehensive study.  For example, use of the weapon might have been to flash the rifle muzzle at home invaders only for the invaders to run.  With that said, I think I could come up with quite a few instances myself, but that’s not really the point of this, and we’ll get to more later on this subject when you listen to Professor Mark Smith below.

Let’s turn our attention to Jennifer for a moment.  I’ve had an exchange with Jennifer before.  Let’s review, shall we?

I had a rather protracted conversation with someone who writes under the nom de guerre Tommy Gnosis.  Not that I care that deeply, but something sounded strange about the comments, like they had no particular bearing, were inconsistent, or feinted support for individual rights but didn’t do a good job of hiding the fact that it was all just a distraction.

So I did a little bit of research.  Tommy Gnosis is someone named Jennifer Mascia, who has her own web site.  In fact, she was one of the authors of the now defunct “The Gun Report” for the New York Times.  Recall that report?  That awful, hideous, dreary rundown of shootings every day?  As if all we have to do is remove those awful guns from society and sin goes away because evil is located in things rather than the heart of man (a noted neo-Platonic and stoic view).

Anyway, I did an IP trace and found that the address was owned by Bloomberg.  It makes sense, since I also found out that she works for Bloomberg via Everytown For Gun Safety.  Her Disqus account is active, and features snark, misdirects, sarcasm, insults, and most of all, prose designed to demoralize and demonstrate the complete impotence of whatever group she is berating at the moment.  The prose is designed to cause depression and dejection.

Here is the lesson.  Bloomberg is paying her to visit web sites – particularly gun rights web sites – and spread discontent and dejection.

The exchange continues.

Hi Herschel,

I am not paid to comment here, or anywhere, nor have I ever been. There is no “tactic.” I have never worked for a political organization or a nonprofit, only media companies, and before that, restaurants. No one at Everytown knows I comment here. I actually don’t work with the advocacy arm of Everytown. The news site will be staffed with journalists, not lobbyists. We have zero to do with elections or phone banks. We won’t be working with Everytown staffers.

Her Disqus account was by “Tommy Gnosis.”  I outed her and she posted as “Guest.”  She responded that she isn’t paid to comment anywhere.  There is no “tactic.”  She claimed no relationship at all to Bloomberg.  Now we find out that her use of an IP address that pointed back to Bloomberg was no coincidence.  She is indeed trafficking in propaganda, and she is in the employ of Bloomberg.  Let’s continue with Codrea’s second article on Bloomberg’s next move.

“Tommy Gnosis is someone named Jennifer Mascia,” Herschel Smith at The Captain’s Journal posted in March. He was describing someone who, under cover of anonymity, “visits web sites — particularly gun rights web sites — and spreads discontent and dejection.”

That’s consistent with the “elaborate subterfuge” technique for “infiltrating and disrupting alternative media online” used by those with an agenda. Per Canadian research, such “Internet trolls aren’t just mean — they’re sadists and psychopaths.”

That would also seem consistent with the control-all megalomaniac who hired her, in a company-he-keeps kind of way. Mascia is one of two paid flacks “attached prominently to the Everytown news project,” an experiment in virtual Astroturf that billionaire Michael Bloomberg will be rolling out this summer.

David then goes on to explore her past as daughter of a mob hit man.

What drives Mascia is anybody’s guess, but chances are her father having been an underworld killer with multiple hits under his belt had an influence. That probably comes as a surprise to many gun rights advocates, unaware that Al Jazeera told its readers “America’s best hope for tracking gun deaths is a mob enforcer’s daughter,” and Bloomberg’s Moms Demand Action gushed on social media that her story was “Amazing.”

[ … ]

As for pushing Jennifer around, I’ve made clear that if you want to come in this back yard and run with the big dogs, you’d better be prepared for some rough business.  And as for Jennifer herself, you weren’t entirely honest with us, were you?

David Codrea’s First Article

David Codrea’s Second Article

Well there you have it.  She’s bought and paid for by Michael Bloomberg.  She came in under a nom de guerre to spread hate and discontent.  I outed her.  Even then she denied it because she’s a liar.

So why is she trying to assist the controllers in this one specific issue?  Listen carefully to Mark Smith below.  They want the supreme court to change the test in Bruen and Heller from “in common use for lawful purposes” to something else, and they have chosen the Rahimi case for all of their hate towards gun owners.  They see this as their golden opportunity.

I’ve told you what I think.  I think the women on the court, including Barrett and Roberts, side with the controllers and end of changing the rules back to something the DOJ and ATF likes much better.  I hope I’m wrong, but I don’t think I am.  There was no particularly compelling reason for them to have taken this case to begin with.

One commenter to the video below remarks, “As I recall, when the DOJ bought AR-15s a few years back, the Request for Purchase form listed them as “personal defense weapons.” Can’t have it both ways.”  I’ll add to this.  If the AR-15 is so bad for use in defense situations, tell me why the U.S. government agencies have so many rifles – some noted as “assault rifles” – in their inventory as personal defense weapons?

I Really Like Judge Don Willett

BY Herschel Smith
3 weeks, 3 days ago

Epoch Times.

The U.S. Food and Drug Administration (FDA) likely overstepped its authority when it told Americans to “stop” using ivermectin against COVID-19, a federal court ruled on Sept. 1.

“FDA can inform, but it has identified no authority allowing it to recommend consumers ‘stop’ taking medicine,”  U.S. Circuit Judge Don Willett wrote in the ruling.

[ … ]

FDA never points to any authority that allows it to issue recommendations or give medical advice,” Judge Willett wrote.

“Rather, FDA argues that some posts included a hyperlink that leads to the update. The update, in turn, directs consumers to “[t]alk to your health care provider.” But not all of the social-media posts included such a link. And even for those posts that did include a link, the posts themselves offer advice, not mere information.”

The update itself is problematic because of its title, “Why You Should Not Use Ivermectin to Treat or Prevent COVID-19,” the judge said. Even though it later says that people can take ivermectin if prescribed by a health care provider, “the trailing qualifier does not lessen the opening instruction’s imperative character,” he said.

And it didn’t stop medical boards in the states from revoking the license for doctors who went against Fauci, the FDA and the CDC.

I really like judge Don Willett.  I’ve said that before.  He should be on the supreme court rather than the two ladies (here I’m thinking of Barrett and Roberts).

California Legislature Women’s Caucus Files Brief With Supreme Court In Rahimi Case

BY Herschel Smith
1 month, 1 week ago

California.  LOL.

Women’s caucus.  LOL.

But my prediction is that all of the women on the supreme court (including Roberts) will be emotionally moved by the brief and side with the women of California.

Supreme Court Allows ATF Frame/Receiver Rule To Remain In Effect

BY Herschel Smith
1 month, 2 weeks ago

Congratulations Trump.  Amy Coney Barrett votes with the communists.  Yet another failure.  You could have chosen Judge Don Willett instead.  This is on you.

The Founders Didn’t Care About SBRs or Pistol Braces

BY Herschel Smith
4 months, 3 weeks ago

David Codrea.

The complaint, embedded below is a treasure trove of examples from even before the Second Amendment was written, presenting photographic examples including:

  • 1720 Flintlock Pistol with Stock
  • 1750 Flintlock Pistols with Stocks
  • 1760 Flintlock Grenade Launcher
  • 1780 Flintlock Pistol w Stock
  • 1760-1820 Flintlock Pistol Carbine with detachable stock
  • 1790 Flintlock Blunderbuss Pistols – w detachable stocks (and bayonets)
  • 1795 Flintlock Blunderbuss – 15” barrel

“Such weapons continued after the ratification era, through the incorporation of the Fourteenth Amendment,” the complaint continues, presenting further examples from 1820 through to the 1940s …

He uses the complaint brought by GOA attorney Stephen Stamboulieh, which we’ve linked before.

So if the Heller test is the law of the land, according to the Supreme Court, then “in common use” should completely disqualify SBRs from the NFA list, and the Bruen test for laws in place at the founding would certainly exclude SBRs (and pistol braces) from the NFA.

The End of the Chevron Doctrine?

BY Herschel Smith
4 months, 4 weeks ago

In another very interesting and insightful video, Mark makes a very good case for the reason and justification for the supreme court having accepted this case with one justice recusing herself in the case.

He predicts the end of the Chevron doctrine within a year.  I hope so.  The deep state needs to take a very large blow to their authority.  I don’t even believe the three-letter agencies have a constitutional right to exist.

Maryland Tells the Supreme Court to Pound Sand

BY Herschel Smith
8 months, 2 weeks ago


With public safety a top priority for Maryland lawmakers, the first bill filed in the 2023 session would severely limit where people with conceal carry permits could bring their firearms.

“If people don’t feel safe nothing else matters,” said Maryland Senate President, Bill Ferguson (D-Baltimore City).

Senate Bill One, also know as the Gun Saftey Act, was introduced by Sen. Jeff Waldstreicher (D-Montgomery). Waldstreicher says the bill is meant to fire back at the Supreme Court’s 6–3 decision in New York State Rifle & Pistol Association v. Bruen. In which, the Supreme Court found New York’s gun law requiring concealed carry applicants give a reason for carrying unconstitutional. The decision meant Maryland’s “good and substantial reason” requirement fell too.

“Bruen said anyone can take any weapon anywhere at any time. I think that’s dangerous and Maryland needs to respond,” said Waldstreicher.

With more Marylanders being granted conceal carry permits, the Gun Safety Act would ban them from taking firearms within 100 feet of any public place. However, “public place” is a broad term in the legislation. In addition to restricting guns inside hospitals, churches, and government buildings — any retail establishments, restaurants, hotels, and movie theatres are also listed.

“Outside of the home what would be a space that someone could legally carry a gun?” questioned a FOX45 reporter.

“So, the bill does not define where you can, it simply says and clarifies where you cannot,” said Waldstreicher.

At least he admits that his intention is to defy the Supreme Court.  It’ll pass.  Now what will the SCOTUS do about it?

The State of New York is Still Fighting the Bruen Decision

BY Herschel Smith
8 months, 3 weeks ago

Surprising no one, if you haven’t been following the NY case of Ivan Antonyuk v. NY, the state of NY still hasn’t accepted Bruen, and won’t until the SCOTUS slaps them down again.  The federal district court ruled in favor of Antonyuk in a lengthy and well crafted decision that issued a stay on the recently enacted NY law, only to be blocked and held in abatement by the 2nd Circuit by a three-judge panel who said nothing about the merits of the decision.  The 2nd circuit overrode the district court decision with only a few cursory sentences.

The Antonyuk case was appealed directly to the supreme court, with Sotomayor demanding that NY reply.  They did with this brief.  In it, the state of NY insults the SCOTUS and tells them they aren’t needed.

NY to the Supreme Court

Friend of TCJ Stephen Stamboulieh, a terrific attorney, genuinely good man and defender of liberty, issued his reply, and it’s a wonderful thing to behold.

Stamboulieh to the Supreme Court in Response to NY

As Gandalf the Grey said (before he became Gandalf the White), “Until at last I smote my enemy and threw down his ruin upon the mountainside.”

This may not be over so the conclusory sentiment may be wrong, but may Stephen be victorious over his enemies and throw down their ruin upon the mountainside.

David Kopel Before The Supreme Court

BY Herschel Smith
1 year, 7 months ago


Today I filed an amicus brief in support of a cert. petition challenging Maryland’s ban on various semiautomatic rifles. The case is Bianchi v. Frosh, and was brought by the Firearms Policy Coalition, the Second Amendment Foundation, and individual plaintiffs. Petitioners are represented by the D.C. powerhouse litigation boutique Cooper & Kirk. (Docket page herePetition here.)

[ … ]

  1. Many lower courts have narrowed Heller from below.

  2. Failure to grant review would tempt Congress to enact a national ban, over-riding the policy choices of 43 states.

  3. The Fourth Circuit’s novel rule that governments can ban all firearms that are supposedly “like” military arms is based on an egregious misreading of one phrase from Heller. The Fourth Circuit rule would uphold a ban on many common firearms, such as the ubiquitous Colt 1911 .45 caliber pistol, and every semiautomatic pistol that is essentially similar to the Colt, which is to say all of them.

  4. The Maryland ban harms public safety because the rifles that it singles out for prohibition are easier to fire accurately, easier to store safely, and often superior for lawful self-defense. To say that improved firearms can be banned because criminals might take advantage of the improvements would be to say that firearms can never be improved.

He gets into “common usage” as well, and we can all agree that any weapon can be and has been a military weapon and that the common usage doctrine was an abominable and inconsistent idea.  As one reader pointed out recently, if something isn’t in common usage, it cannot be introduced into circulation and therefore will never become commonly used.

But Kopel is one of the good guys, and he knows what he’s doing.  He has to play within the rules he’s been given.

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