Boar Down!

Herschel Smith · 30 Oct 2022 · 9 Comments

Readers may have noticed I was absent the last several days.  It was a good time away.  A very good buddy and neighbor of mine, Robert, and I went hunting courtesy of the fine folks with Williams Hunting in South Carolina. I was shooting a 6mm ARC rifle with a Grendel Hunter upper, Aero Precision lower, Amend2 magazines, Brownells scope mount, Radian Raptor charging handle, Nikon Black scope, and a Viking Tactics sling.  I have no complaints about the gun.  It's at least a 1 MOA gun…… [read more]

Maryland Before The Supreme Court On “Assault Weapons”

BY Herschel Smith
10 months, 4 weeks ago

He does a rundown of Maryland’s argument on why the Supreme Court should not take up this case, but rather, allow the ban to stay in place.

Frankly, I’m tired of hearing the so-called “common use” argument.  That has nothing to do with anything and certainly wasn’t in the minds of the founder when they told the FedGov to stay out of the business of regulating weapons.  Common use is entirely a fabricated phrase to assist the controllers.

Second, I’m tired to death of hearing the phrase “assault weapons” (which is also a fabricated phrase) and the routine response by gun rights advocates that “assault weapons” don’t meet the three rules for considering them an “assault rifle” (which based on DoD definition, includes (1) intermediate cartridge, (2) select fire capable, and (3) mild recoil).

It doesn’t matter since in order to make that argument, gun rights advocates stipulate up front that civilians have no right to own such a firearm (e.g., select fire).  In other words, it makes no sense to contrast “assault weapon” and the formal definition of “assault rifle” unless you admit at the outset that the very difference itself is justification for being able to own a semi-automatic version of the same weapon, which in fact, I don’t admit at all and thus do not use that argument.

Eh, whatever.  I really don’t care whether the SCOTUS takes this case up or not.  If they do and come to a good decision, states like Maryland and New York will have to allow the firearms to be owned, but it won’t change the fundamental nature of the state.  If they SCOTUS makes a bad decision, it won’t change the fact that these weapons will still be legal in S.C., N.C., Ga., Miss., La, Tenn, W.V., and on and on the list could go.

In other words, this is all a continuation of the Balkanization of America, with some states racing left, while others pass constitutional carry.

It isn’t policy on firearms that is ripping America apart at the seams.  Firearms is just a symptom, not the cause.

Maryland Passes Universal Background Check

BY Herschel Smith
2 years, 11 months ago

So you think times can’t get tougher on the poor pols who are laboring so hard on behalf of your well-being?  In Maryland, they have found time to infringe on the rights of their own people even more.

Maryland lawmakers gave final approval on Monday to a bill that requires all purchasers of rifles and shotguns to submit to background checks.

State law already requires buyers to undergo a federal background check through the NICS Index when purchasing rifles from licensed dealers. The bill extends that requirement to private sales and permanent gifts.

Anyone who violates the act is guilty of a misdemeanor and could be convicted for up to 6 months, be subject to a fine of up to $10,000, or both. A person who provides false information could be imprisoned for up to 3 years, be subject to a fine of $5,000, or both.

The Maryland House of Delegates approved the bill by a vote of 87 to 47, and the Senate approved the bill by a vote of 31 to 14.

The bill will now go to Governor Larry Hogan. Provided that the governor does not veto it, the act will take effect on October 1.

Or in other words, universal background checks.  I do hope gun owners totally ignore it and via person to person transfers, buy and sell until their heart is content.

Because God-given rights.

Maryland Attorney General Legal Brief On Guns

BY Herschel Smith
8 years, 2 months ago

Communities Digital News:

Maryland, at least in recent memory, has never been known to be a gun friendly state.

With the passage of the Maryland Gun Safety Act of 2013 in response to the tragedies of Newtown in 2012, Maryland become home to some of the harshest gun laws in the country. The law enacted bans on dozens of semi-automatic firearms, including the widely owned AR-15, and the venerable civilian model of the AK-47 and many of its variants.

The law has since been challenged a number of times, and upheld by several courts. However an appeal filed by a number of gun rights groups and businesses, as well as an amicus brief filed on behalf of the suit by twenty one state attorney generals, have forced Maryland to respond, and clarify their position on some of the most controversial firearms issues facing us today.

Filed on the day of the deadline, the “Brief of Defendants-Appellees” is now former attorney general Doug Gansler’s response to the appeal filed by the various gun control groups in the case entitled Steven V. Kolbe v. Martin O’Malley (4th Circuit Court of Appeals case number 14-1945). While the brief is seventy four pages long, and filled with cited case law and precedent, several particular passages stand out as noteworthy.

“The banned firearms [AR-15’s and AK-47’s] are not commonly used for self-defense, and more than ten rounds are rarely, if ever, required for self-defense. Thus, the banned firearms and magazines do not fall within the scope of the Second Amendment’s protection.” Pg. 24 of 74, under “Summary of Argument.”

AG Gansler goes on to argue that “The plaintiffs have failed to identify a single incident in which an individual in Maryland has used an assault weapon in self-defense, and Maryland law enforcement officers were similarly unaware of any such incident.” Pg. 36 of 74.

To clarify, the government of Maryland has just stated in an American court that semi-automatic rifles are not used for self-defense, and people do not required more than ten rounds to defend themselves, and therefore are not covered under the scope of the amendment that was put into the Constitution to ensure the people’s right to bear arms.

This statement, safely made by a man who would no longer hold the post of attorney general a week after the submission of this brief, begs the question of whether or not Maryland lawmakers and administrators watch the news, and it disregards on the basis of opinion the rulings of Heller and McDonald from the US Supreme Court.

In March of 2013, a student in New York used an AR-15 to defend himself and his roommates against a number of armed intruders..

In May of 2013 a North Carolina man used an AR-15 to defend himself against an early morning home invader.

In April of 2013 a gas station attendant and Iraq War veteran used an AR-15 in self-defense during an attempted robbery.

In January of 2014 a homeowner in Florida used an AK-47 to defend himself against three armed home invaders .

These stories exist and are not that uncommon, common enough for a cursory search by AG Gansler or his people to find out that while he may not be aware of AR-15’s being used for self-defense in Maryland, they certainly are being used in other states.

The author missed perhaps the most striking instance of self defense with an AR-15 (with multiple magazines), namely the example of Mr. Stephen Bayezes.  Furthermore, it’s obvious that the Maryland attorney general doesn’t care about consistency or correspondence with reality.  The Supreme Court has found in Tennessee versus Garner that law enforcement officers can only use a weapon in the same case that civilians can, i.e., self defense.  Yet the attorney general won’t argue that the police should have limited capacity magazines and no patrol rifles.  That’s because they don’t really believe the things they are saying.

But the main problem with both the attorney general’s brief and this short analysis at CDN is that the second amendment has nothing whatsoever to do with self defense.  The best way to explain it for the attorney general’s office is this.  The second amendment doesn’t have to be invoked until the legislature passes totalitarian bills like this one, the governor signs these totalitarian bills into law, sniveling lackey attorneys write horrible briefs for the court to read, and awful judges accept them rather than hold the attorneys in contempt of court for submitting crap to the court docket.

The civilians have a remedy for such meddling foolishness on the part of the elite.  It’s called the second amendment, and the criminals upon which it is supposed to be used and to whom it applies are in government.  The constitution is a covenant – which includes both promises and consequences.  For whatever reason, the folks in Maryland haven’t seen fit to invoke this part of the governmental covenant yet, but no one can promise this will continue.

Beretta To Leave Maryland

BY Herschel Smith
9 years, 11 months ago

As I had hoped, Beretta isn’t full of windbags and liars.  They are honest folk.  They said they would leave Maryland, and they are.

New legislation is forcing gun manufacturing company Beretta to uproot and take their business elsewhere.

Established in 1526, Beretta holds the distinction of being the oldest active firearms manufacturer in the world. The U.S. factory is located in Accokeek, Maryland, and has been a staple of the local economy for years.

Beretta warned that stricter gun control laws would push the company outside of state lines, but that didn’t stop Maryland legislators. Jeffrey Reh, a spokesman for Beretta who also serves as the President of Stoeger Industries under Beretta, announced that the company would begrudgingly uproot and take its business elsewhere. He said, “We don’t want to do this, we’re not willing to do this, but obviously this legislation has caused us a serious level of concern within our company.”

He added that Beretta paid approximately $31 million in taxes, employs 400 people, and had invested $73 million in the business over the past several decades. Despite being such a prominent player in the local economy, Beretta was unable to prevent legislators from passing tighter gun control laws. Ironically, Beretta manufactures some firearms that are now banned in Maryland.

Good.  I hope it’s painful and hard for Maryland.  I hope they lose business of all kinds, and I hope they feel it right in the pocketbook.  Take note of the next bit.

One legislator stated: “Other than target shooting, the only other reason [for a semi-automic firearm] would be for self-defense… [Why would you need a] rifle that accommodates 20 rounds semi-automatic for deer hunting? … It’s only very infrequently that someone commits a crime with an assault weapon – why do you need one for self-defense?”

Of course, it’s tempting to respond something like, “Well, if you weren’t such a dumb ass you would know that there have been home owners who had to use just such weapons with high capacity magazines to defend their very lives.  And you know, under duress you might miss.  And you know, multi-man home invasions are becoming the tactic of choice for criminals nowadays.  If you weren’t a dumb ass you would know these things.  Dumb ass.”

But tempting as it is, the best response is also the simplest: “I need all the high powered weapons and high capacity magazines I can get in order to hold tyrants like you accountable.”

Closer every day, inch by inch.

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