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]

Provo, Utah, Is Introduced To Antifa & BLM

BY Herschel Smith
6 days, 7 hours ago

An Antifa/BLM protest in the middle of the road (again, imagine that), involved some loser shooting into a car.

The Provo police department initially issued this statement.

Provo City Police were made aware of a planned Police Rally and a Counter protest scheduled for last night. Both events coincided without incident until 8:38 pm when a call was received regarding possible gun shots and a hit and run.

I sent a note to the Provo PD asking if they were really going to treat this as a “hit and run.”  I received this response.

Normally as the investigator I only respond to messages with evidence for follow up. I thought it important to follow up with you in regards to the post you shared with me.
It is important to understand that the statements that are put out such as this one are done with limited information. I would also like to point out that callers had called in to report a hit and run, hence the statement.
With that being said, we are not looking at this case as a hit and run. The shooter has been identified and booked for attempted murder along with others. We are working tirelessly to identified all those who broke the law. We have no intentions of charging the shooting victim.
I would like to thank you for your concern and willingness to be involved in the community. If you have any further questions let me know.

Very well.  The loser is in custody.  I hope he never sees the light of day again.

Seattle Summer Of Love Gets Run Over

BY Herschel Smith
6 days, 7 hours ago

Two people, apparently one named Summer, and the other named Love, get run over by a driver.

Here’s the moral of the story.  If you walk in the middle of streets, you might be run over.  If you try to make it okay for people to walk in the middle of streets (like the pols in Seattle did), you might just end up with blood on your hands.

Oh, and one more thing.  Stay away from crowds.

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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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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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Barr: DOJ has 500 investigations into rioters and destruction of statues

BY Herschel Smith
2 weeks, 1 day ago

One day ago I said this.

Most people have left CHAZ. Only a hard core remain. Meanwhile, drones have video in preparation for the hundreds of arrest warrants to be issued for: looting, vandalism, murder, rape, kidnapping, brandishing weapons, carrying weapons to the “terror of the public,” interfering with the police in the performance of their duties, assault, assault with a deadly weapon, defacement of public property, and anything else crafty lawyers at the DoJ can come up with. It won’t go down as a muzzle flash in the night at CHAZ. It’ll happen when the people go home, with the help of facial recognition, signals intelligence, news reports, and deep plant witnesses. Look for it over the next few months. Raz-a-daz will be in prison soon. Raz was even so stupid to livestream him trafficking in weapons, handing out rifles to people he didn’t even know. Not even the best lawyer can turn that video into “gifting” a firearm to a loved one. Thus, even the ATF will be involved in this affair.

You can go ahead and pile on top of this: arson, littering, illegal threats, battery, illegal possession of firearms (how many of these folks filled out form 4473?), and crossing state lines with criminal intent. This is a short list.

And don’t you know that the FedGov is fisking Raz’s business dealings at the moment, wondering how all of that money from Dubai got into his bank account.

That’s why only a handful were there to protest his actions to dismantle the mess.

Today, Barr said this.

Attorney General William Barr said the Justice Department had “scores of indictments” filed against people who committed violence during a wave of protests across the country.

During Thursday’s episode of Texas Sen. Ted Cruz’s podcast, Verdict, which is co-hosted by conservative commentator Michael Knowles, Barr said his agency was using 35 joint terrorist task forces across the country to investigate criminal activity, which has taken place since the Memorial Day death of George Floyd, a 46-year-old black man.

“When the real violence started around May 25, 26, and so forth, we started using our joint terrorist task forces around the country. And there are 35 of them around the country,” Barr said.

“And now they are starting to go full bore, cranking out investigations, indictments against the people who are involved in this violence. So we’ve had scores of indictments already for such things as arson, destruction of federal property, things like that. And we have, right now, about 500 investigations underway,” he added.

The taxpayers and ratepayers will also bear some of the burden.  Or actually, all of it.

Just as I said.  These are the repercussions of that kind of behavior.  Most of these are children whose parents never spanked them and who never had a chance to grow up and become responsible.

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Antifa Watch

BY Herschel Smith
2 weeks, 5 days ago

Via WRSA, this useful web site should be perused from time to time.

It’s good to know your enemies.  This is an intelligence source.  Use it as such.

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Observations By The Enemy Forces

BY Herschel Smith
3 weeks, 2 days ago

From a reader, it’s always interesting to see the enemy identify the why’s and wherefore’s of what they have done, and the lessons they hope they learned.  This is like publishing a FOUO sitrep.  There’s an awful lot there, only some of which is interesting.  It sounds at times like a cheerleader chant, but other times it supplies meaningful intelligence for the future.  I’ll only lift portions out.

Medical Support

This included street medics and medics performing triage and urgent care at a converted community center two blocks away from the precinct. Under different circumstances, this could be performed at any nearby sympathetic commercial, religious, or not-for profit establishment. Alternatively, a crowd or a medic group could occupy such a space for the duration of a protest. Those who were organized as street medics did not interfere with the tactical choices of the crowd. Instead, they consistently treated anyone who needed their help.

Scanner Monitors and Telegram App Channel Operators

This is common practice in many US cities by now, but police scanner monitors with an ear for strategically important information played a critical role in setting up information flows from the police to the crowd. It is almost certain that on the whole, much of the crowd was not practicing the greatest security to access the Telegram channel. We advise rebels to set up the Telegram app on burner phones in order to stay informed while preventing police stingrays (false cell phone towers) from gleaning their personal information.

Peaceful Protestors

The non-violent tactics of peaceful protesters served two familiar aims and one unusual one:

  • They created a spectacle of legitimacy, which was intensified as police violence escalated.
  • They created a front line that blocked police attempts to advance when they deployed outside of the Precinct.
  • In addition, in an unexpected turn of affairs, the peaceful protestors shielded those who employed projectiles.

Whenever the police threatened tear gas or rubber bullets, non-violent protesters lined up at the front with their hands up in the air, chanting “Hands up, don’t shoot!” Sometimes they kneeled, but typically only during relative lulls in the action. When the cops deployed outside the Precincts, their police lines frequently found themselves facing a line of “non-violent” protestors. This had the effect of temporarily stabilizing the space of conflict and gave other crowd members a stationary target. While some peaceful protestors angrily commanded people to stop throwing things, they were few and grew quiet as the day wore on. This was most likely because the police were targeting people who threw things with rubber bullets early on in the conflict, which enraged the crowd. It’s worth noting that the reverse has often been the case—we are used to seeing more confrontational tactics used to shield those practicing non-violence (e.g., at Standing Rock and Charlottesville). The reversal of this relationship in Minneapolis afforded greater autonomy to those employing confrontational tactics.

Ballistics Squads

Ballistics squads threw water bottles, rocks, and a few Molotov cocktails at police, and shot fireworks. Those using ballistics didn’t always work in groups, but doing so protected them from being targeted by non-violent protestors who wanted to dictate the tactics of the crowd. The ballistics squads served three aims:

  • They drew police violence away from the peaceful elements of the crowd during moments of escalation.
  • They patiently depleted the police crowd control munitions.
  • They threatened the physical safety of the police, making it more costly for them to advance.

The first day of the uprising, there were attacks on multiple parked police SUVs at the Third Precinct. This sensibility resumed quickly on Day Two, beginning with the throwing of water bottles at police officers positioned on the roof of the Third Precinct and alongside the building. After the police responded with tear gas and rubber bullets, the ballistics squads also began to employ rocks. Elements within the crowd dismantled bus bench embankments made of stone and smashed them up to supply additional projectiles. Nightfall saw the use of fireworks by a few people, which quickly generalized in Days Three and Four. “Boogaloos” (Second Amendment accelerationists) had already briefly employed fireworks on Day One, but from what we saw they mostly sat it out on the sidelines thereafter. Finally, it is worth noting that the Minneapolis police used “green tips,” rubber bullets with exploding green ink tips to mark lawbreakers for later arrest. Once it became clear that the police department had limited capacity to make good on its threat and, moreover, that the crowd could win, those who had been marked had every incentive to fight like hell to defy the police.

Laser Pointers

In the grammar of the Hong Kong movement, those who operate laser pointers are referred to as “light mages.” As was the case in Hong Kong, Chile, and elsewhere in 2019, some people came prepared with laser pointers to attack the optical capacity of the police. Laser pointers involve a special risk/reward ratio, as it is very easy to track people using laser pointers, even when they are operating within a dense and active crowd at night. Laser pointer users are particularly vulnerable if they attempt to target individual police officers or (especially) police helicopters while operating in small crowds; this is still the case even if the entire neighborhood is undergoing mass looting (the daytime use of high-powered lasers with scopes remains untested, to our knowledge). The upside of laser pointers is immense: they momentarily compromise the eyesight of the police on the ground and they can disable police surveillance drones by interfering with their infrared sensors and obstacle-detection cameras. In the latter case, a persistently lasered drone may descend to the earth where the crowd can destroy it. This occurred repeatedly on Days Two and Three. If a crowd is particularly dense and visually difficult to discern, lasers can be used to chase away police helicopters. This was successfully demonstrated on Day Three following the retreat of the police from the Third Precinct, as well as on Day Four in the vicinity of the Fifth Precinct battle.

[ … ]


Looting served three critical aims.

First, it liberated supplies to heal and nourish the crowd. On the first day, rebels attempted to seize the liquor store directly across from the Third Precinct. Their success was brief, as the cops managed to re-secure it. Early in the standoff on Day Two, a handful of people signaled their determination by climbing on top of the store to mock the police from the roof. The crowd cheered at this humiliation, which implicitly set the objective for the rest of the day: to demonstrate the powerlessness of the police, demoralize them, and exhaust their capacities.

An hour or so later, looting began at the liquor store and at an Aldi a block away. While a majority of those present participated in the looting, it was clear that some took it upon themselves to be strategic about it. Looters at the Aldi liberated immense quantities of bottled water, sports drinks, milk, protein bars, and other snacks and assembled huge quantities of these items on street corners throughout the vicinity. In addition to the liquor store and the Aldi, the Third Precinct was conveniently situated adjacent to a Target, a Cub Foods, a shoe store, a dollar store, an Autozone, a Wendy’s, and various other businesses. Once the looting began, it immediately became a part of the logistics of the crowd’s siege on the Precinct.

Second, looting boosted the crowd’s morale by creating solidarity and joy through a shared act of collective transgression. The act of gift giving and the spirit of generosity was made accessible to all, providing a positive counterpoint to the head-to-head conflicts with the police.

Third, and most importantly, looting contributed to keeping the situation ungovernable. As looting spread throughout the city, police forces everywhere were spread thin. Their attempts to secure key targets only gave looters free rein over other areas in the city. Like a fist squeezing water, the police found themselves frustrated by an opponent that expanded exponentially.


The decision to burn looted businesses can be seen as tactically intelligent. It contributed to depleting police resources, since the firefighters forced to continually extinguish structure fires all over town required heavy police escorts. This severely impacted their ability to intervene in situations of ongoing looting, the vast majority of which they never responded to (the malls and the Super Target store on University Ave being exceptions). This has played out differently in other cities, where police opted not to escort firefighters. Perhaps this explains why demonstrators fired in the air around firefighting vehicles during the Watts rebellion.

In the case of the Third Precinct, the burning of the Autozone had two immediate consequences: first, it forced the police to move out into the street and establish a perimeter around the building for firefighters. While this diminished the clash at the site of the precinct, it also pushed the crowd down Lake Street, which subsequently induced widespread looting and contributed to the diffusion of the riot across the whole neighborhood. By interrupting the magnetic force of the Precinct, the police response to the fire indirectly contributed to expanding the riot across the city.

He goes on, but this information will suffice for now.

You see a number of important things in this sitrep, including: [a] the willingness to use human shields (what he calls peaceful protesters) in order gain a tactical advantage, [b] total disregard for property belonging to other people, and the willingness to steal it for tactical advantage (since it’s obvious that there was no logistical planning involved, logistics had to be acquired on the spot), [c] the ease with which police were completely outnumbered (here the police didn’t rely on what the tool the constitution and state laws gives states, i.e., the militia), [d] the total disregard for collateral damage (fires could easily have expanded to other areas, and in fact did so), and [e] the intent to foment this kind of violence in order to produce anarchy.

The significant takeaways from this are that they have learned the necessity of good comms, medical support, and logistics (even if they didn’t plan for supplying their people).

I maintain, as I always will, that none of this would have been possible, and that almost every bit of it could have been suppressed, except for the willingness of politicians to allow, and even foster this.  One needs to go no further than the admission of the Keith Ellison’s son (currently on the Minneapolis City Council), concerning Antifa.  Says Jeremiah Ellison,

“I hereby declare, officially, my support for ANTIFA. Unless someone can prove to me ANTIFA is behind the burning of black and immigrant owned businesses in my ward, I’ll keep focusing on stopping the white power terrorist THAT ARE ACTUALLY ATTACKING US!”

It’s not necessary to discuss the ties between CAIR, the Muslim Brotherhood, and Keith Ellison and his son.  It’s tight, and CAIR printed many of the signs carried by protesters around the country.  We could cover more later.

But in the mean time, we’ve learned a lot from this and other such incidents across the country.  Militia shows up at a statue in New Mexico to protect it from being demolished by Antifa, and the militia ends up on the ground face down and arrested.  This is just one example – in many of these cases, the police were there to protect the protesters, with willing acquiescence by the pols.

Permits for marches were not acquired, roads were littered, windows were smashed, buildings were burned, traffic was brought to a halt, and people were injured.  Let a conservative group try that and see how long until the police shut it down.

Against such odds, it’s good to know how the enemy sees things.  This is a good sitrep.  I’m glad he provided it.  You can think of it as an Antifa after-action report.

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Jeremiah Ellison, Minnesota AG’s Son, Pledges Allegiance To Antifa

BY Herschel Smith
3 weeks, 3 days ago


Making matters worse for Ellison’s professional reputation is his son, Jeremiah Ellison, who is himself embarking on a political career. On Sunday, the younger Ellison, who is a member of the Minneapolis City Council, tweeted this beauty: “I hereby declare, officially, my support for ANTIFA. Unless someone can prove to me ANTIFA is behind the burning of black and immigrant owned businesses in my ward, I’ll keep focusing on stopping the white power terrorist THAT ARE ACTUALLY ATTACKING US!”

You might imagine that his attorney general father would encourage him to keep his trap shut about his radical beliefs, but that advice would come off as a bit hollow. After all, Papa Ellison tweeted out a picture in 2018 of himself standing in a bookstore and holding up “Antifa: The Antifa-Fascist Handbook.”

His father is of course the schmuck Keith Ellison.  It’s nice to see enemies self-identify.

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Are There Cracks In CHAZ?

BY Herschel Smith
4 weeks, 1 day ago

Uh oh.  Reality sets in and threatens rainbows and purple unicorn farts in CHAZ.

In addition to still utilizing the city’s power, water, and porta-potties, the occupiers called the Seattle Fire Department after a dumpster fire was started just outside the “Capitol Hill Autonomous Zone” as it threatened to set a nearby building on fire.

Without the presence of police in the area, things can be dangerous for people accused of wrongdoing. In one instance, a young man was accused of stealing a phone from another protester. A crowd quickly surrounded him and tried to interrogate him, with one individual brandishing a baseball bat in the man’s face. The accused thief was clearly frightened and explained he did not steal anything, to which the crowd asked why did he run away.

The situation was resolved after it was discovered the phone was never stolen, but it only came after the man was able to once again run away from the crowd.

Truck drivers say they won’t deliver to locations with defunded PDs (that’s a real drag for ’em, huh?).

But there’s more.

Police have repeatedly said they have “heard, anecdotally, reports of citizens and businesses being asked to pay a fee to operate within this area” while others have complained about armed guards asking to see identification for people to enter their homes, according to Assistant Chief of Police Deanna Nollette.

[ … ]

One agitator group on Twitter posting photos inside CHAZ showed a list of items needed by demonstrators including cigarettes, tents and bedding.

Aw, say it ain’t so – CHAZ cops demanding protection money.  But wait, there’s more.

But in an ironic twist of fate, a cancel notice may soon be coming for Raz Simone, the “warlord” of the radical Capitol Hill Autonomous Zone (CHAZ) in Seattle, Washington as old homophobic tweets from his Twitter account have surfaced that appear to be legit based on various web archive websites (language warning).

[ … ]

Here’s the archived version of the above screen grab, available for viewing as of this writing. [there’s more]

Here’s the archived link for one of the tweets in the above four-tweet screen grab.

In spite of evidence to the contrary, Simone is employing the Joy Reid “I was hacked” defense.

Now I couldn’t care less how he views anything, including gays.  But listen, warlord.  The interwebz and its metadata are forever.  You can’t hide behind lies.

So their “hero” of purple unicorn farts, utopia, the grand new society where everything belongs to the cooperative commune, and reparations for all except whitey, doesn’t really fit the narrative.

Ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha!!

Give it another week.  It’ll be like Lord of the Flies.  Porta Potties will be running over, trash will be collecting in the streets, it will stink, it’ll be filthy with flies, fleas, roaches and disease, Coyotes will have begun to encroach to get at the trash, gunfire will be routine, people will begin to complain about the overbearing “justice” of the warlords, they’ll hate the CHAZ police as much or more than the real police, and they’ll begin to go home, one by one, fives by fives.

Raz and a few diehards will be the only ones left, until Raz gets a disease of his own making, and then he’ll wind up in a hospital bed paid for by hard working taxpayers.

Governance is a drag, huh Raz?  You actually have to have the smarts to know how to pull it off.

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Men With Rifles

BY Herschel Smith
1 month ago

News from New Mexico.

Robert Whitmon of the American Patriots of New Mexico, one such group, says they’ve been working with police for years. Regardless of their claims of support for protesters, demonstrators say they raise tension and anxiety, and they’re already concerned about state-sanctioned violence and the possibility of retribution for speaking out.

We hear from Andres ValdezSelinda Guererro and Amelia Brown. They are among the protesters and organizers of last week’s demonstrations who shared their impressions of the men carrying rifles that showed up to watch protests.

Bryce Provance, a chaplain formerly associated with the New Mexico Civil Guard, spoke to KUNM’s Hannah Colton in an interview after the group’s patrolling of a June 1 demonstration startled protesters. He said the militia does not have a racial bias. He resigned his position with the group within an hour after the interview was conducted. [Here is Colton’s original story.]

Arthur Bell, an Albuquerque Black Lives Matter organizer, tells us about the New Mexico Civil Guard’s attendance at demonstrations over the last couple weeks.

Gilbert Gallegos, spokesperson for the Albuquerque Police Department, says APD doesn’t condone officers working with the militia groups at protests.

Melanie Yazzie from The Red Nation talks about harassment from the New Mexico Civil Guard.

Of course the local PD doesn’t “work with” the local militia, because they don’t understand the purpose of the second amendment and if they did they wouldn’t believe in it.

Contrast that with the ugly goings-on in Seattle.

You see, the local authorities are just fine with people conducting self defense and defense of others, as long as the ones being protected and doing the protection are intent on tearing down the cultural history of America.

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