Duke University’s Arguments Against A Statutory Second Amendment

Herschel Smith · 22 May 2022 · 14 Comments

The Regulatory Review links a paper by Joseph Blocher of Duke University arguing against state preemption laws that prohibit more restrictive gun control statutes by cities and counties than instituted by the state itself.  The paper is entitled "Cities, Preemption, and the Statutory Second Amendment." He argues: As a practical matter, though, nothing has done more to shape contemporary gun regulation than state preemption laws, which fully or partially eliminate cities’ ability to…… [read more]

Notes From HPS

BY Herschel Smith
6 years, 7 months ago

David Codrea:

Something else marked by its conspicuous absence from media reports: Any statement from Ako Abdul-Samad condemning his former aide following the guilty plea. Instead, we’re treated to “faith leader” Samad “call[ing] for unity to battle ‘Islamophobia.’”

Um, no.  I’d rather focus on fake terror attacks for the purpose of pressing gun control.

“You know less than you think about guns: the misleading uses, flagrant abuses and shoddy statistics of social science about gun violence.”  Well, to be fair, there is nothing science about social science.  Those two words don’t belong together.

Note to HEB on open carry.  “As a retailer of alcohol, long guns and unlicensed guns are prohibited on our property under the Texas Alcohol and Beverage Commission rules. H-E-B maintains the same policy we have for years, only concealed licensed handguns are allowed on our property,” reads a statement from H-E-B.”  Hey, I think that’s made up.  That’s not the story you told at first.  At first you just said you didn’t want open carry because you didn’t want open carry.  Now you’re blaming it on the ABC.  Which is it?  I’d prefer you just be honest about this.

Notes From HPS

BY Herschel Smith
6 years, 7 months ago

David Codrea – drinking tea, shopping at a gardening store is justification for a SWAT raid.  How about being a black-robed Fascist like the asshole U.S. District Court Judge John W. Lungstrum?  Then we could send the SWAT team after him.  No, I’ve changed my mind.  I don’t like SWAT teams.  Hemp rope and lampposts will do just fine.  Or tar and feathers.  Sometimes I have such a hard time making my mind up.


I also find it very disturbing that gun owners in North Liberty feel they have the right to carry their guns … [More]

I guess the irony of that statement doesn’t occur to her.

Mike Vanderboegh is commenting on the Harney County, Oregon standoff, here, here and here.

We’re not trying to shoot to kill.  Um, why else would you shoot?

U.S. Supreme Court Chief Justice John Roberts

U.S. Chief Justice John Roberts urged trial judges on Thursday to manage cases more efficiently and advised lawyers to avoid “antagonistic tactics” … He suggested that lawyers often tried to wear down their opponents and implicitly advised against “antagonistic tactics, wasteful procedural maneuvers, and teetering brinkmanship.”

Oh good.  With all of my confidence in the American judicial system, I was beginning to fear the overreach of lawyers in defending the rights of the accused.  I’m glad the chief justice set us all straight.

Notes From HPS

BY Herschel Smith
6 years, 8 months ago

David Codrea:

A man was viciously assaulted and robbed on a St. Louis MetroLink train by “several young men” who held him, beat him and went through his pockets, KTVI Fox 2 Now’s “You Paid for It Team” reported Monday. The attack happened days after a student “was terrorized on the train.”

[ … ]

Meanwhile, the hapless MetroLink victim complains not only was there no security around, but that no other passengers stepped forward to help him fight off his multiple assailants. Conspicuously absent from the report was a description of the bad guys, an information suppression trend among news organizations that prize PC acceptability over getting vital BOLO safety information out to the public.

Still, why should other passengers assume such risks?

If a Good Samaritan did step forward with the appropriate amount of force needed to prevail over multiple young assailants, any after-the-fact law enforcement response would go after the rescuer.

Read it all.  There is no end to the things a progressive is willing to dictate to others, even at the expense of wealth and safety.  They will take your money, and are willing to sacrifice your safety for the sake of some perceived incremental increase in safety for the inner city impoverished they helped to create.

Do Christians and Muslims worship the same God?  No.  Only an idiot would think so.

Bruce Hanify laments pajama boy and misses the world of sergeants.  My father served in the 82nd airborne division between the Korean war and War in Southeast Asia, and I had four uncles who fought in WWII, while two of those were drafted again for the Korean war.  Today’s men play fantasy football and watch nighttime TV shows.

Paul Ryan on guns.

“People with mental illness are getting guns and committing these mass shootings,” said Paul Ryan, the speaker of the House, after the shooting in San Bernardino, Calif., early this month.

I see.  So mental illness is the raison d’etre of the two shooters, not a committed and systematic belief in a death cult?  Good grief.  Ryan is a bad as the jackass he replaced.

Valets stealing guns.  Be careful out there folks.

Notes From HPS

BY Herschel Smith
6 years, 8 months ago

Hispanic voters vow to punish the GOP.  But, but, but, I thought they were solidly in our camp, conservative, religious and all that?  Isn’t that what we were told?

David Codrea:

No doubt the press will show up, but funny thing — there’s not a lot in the “news” announcing things at this writing.  My guess is, they don’t want it to turn out like Bloomberg’s bus tour, where they kept stops secret because they didn’t want subsidized “supporters” outnumbered. Still, look for the media to give the handful of indignant zealots who do show up inordinate exposure, and to position their camera shots to make it look like the events draw widespread public participation.

It’s because they’ve lost.  No, I’m not saying stand down.  We can never stand down.  Evil knows no end until the very end, i.e., judgment day.  I’m saying that moms have lost, but as a Leopard cannot change its spots, so too the moms cannot help but be collectivists.

LEOs and gun free zones.

In a statement Thursday, Police Chief Steve Conrad expressed surprise that some of his officers weren’t allowed inside the downtown theater.

“Given today’s climate, we would think most businesses would welcome armed and well-trained police officers, on or off-duty, to help out should there be a problem,” Conrad wrote.

Oh go cry me a river.  And what about concealed carriers?  Oh, I see.  You’re more “specialer” than we are.

From Mike Vanderboegh.  This seems to me to be very important.  I might talk to my daughter the Nurse Practitioner about this.  Read it.

Notes From HPS

BY Herschel Smith
6 years, 8 months ago

David Codrea:

Get this, you monstrous foreign collectivist, who came to this country to escape Nazi horrors and enjoy the Blessings of Liberty: How twisted and evil that you now work to undermine the very reasons why the Holocaust your family fled from will never happen here, at least without those issuing and carrying out the orders hanging from lamp posts. Because WE WILL NOT DISARM.

No, we won’t.  And that may mean war in numerous forms, some mundane, some terrible.  But war it will be if the rulers insist.

David Codrea:

For we wrestle not against flesh and blood, but against principalities, against powers, against the rulers of the darkness of this world, against spiritual wickedness in high places,” Ephesians tells us. That we do, but it manifests itself in the physical world, and that’s where down payments on the final price are made.

We are facing dark days. We cannot lose courage and we cannot lose faith. And we cannot know what price will be required from each of us.

We are to move forward with courage.

From Uncle, Amitai Etzioni a the Huffington post says we need domestic disarmament.  Uncle responds:

I don’t think progressives understand how that will play out. Those sitting on the sidelines cheering on the disarmament effort are as much fair game as those doing the disarming.

That’s strong tea from Uncle.  And a sign of the times.

Notes From HPS

BY Herschel Smith
6 years, 8 months ago

Read David Codrea’s piece on dismissal of the post-1986 machine gun ban challenge appealed.  A good candidate for comment of the week comes from Woody Woodward, who says:

Had the ATF been around in the early 1900’s Browning, Garand, and Williams would have been sitting in a federal prison and we would be speaking either Japanese or German today. ATF apparently adheres to the premise that, “The law is what we say it is, at any given time, and there’s nothing you can do about because we are a governmental agency.”

Bravo, Woody.  Bravo.  I’ve noted before that one side effect (unintended or otherwise?) of gun control laws is to weaken the ability of the U.S. to design, fabricate and service guns.  For example, when is the last time a U.S. manufacturer fielded an open bolt design for a light machine gun?  Who has the contract for SAWs for the USMC?

Via Mike Vanderboegh, Dave Workman:

Today is the one-year anniversary of the implementation of Washington state’s Initiative 594, a gun control and registration measure disguised as a “universal background check” that has – as demonstrated by headline after headline – been an absolute failure in crime prevention, according to the Citizens Committee for the Right to Keep and Bear Arms.

In a blistering news release late yesterday, CCRKBA Chairman Alan Gottlieb, who helped spearhead the opposition to I-594 last year, noted, “Despite public records requests to agencies around the state, we can find no record of any enforcement of this new law in the year since it took effect. The only discernible impact of the law has been to inconvenience honest gun owners and add more red tape to gun shows.”

Oh go cry me a river, Dave.  I don’t remember all of that “opposition” Alan spearheaded.  In fact, I recall just the opposite.  In what world do you live?

Via Uncle, cops are just like you and me, only better.  Retired cops exempted from magazine ban.

From reader Mack, this:

The theodicy of federal government seeks to defend the goodness of government in the face of tragedy.Progressives tend to believe that government — if made to have sufficient size, scope, and proper management over the affairs of man — will fix or at least seriously mitigate the problem of evil in the world. Conservatives tend to believe that human nature is flawed and inclined toward bad things.

Mack comments that Molly sounds a lot like me.  Yup.

Notes From HPS

BY Herschel Smith
6 years, 8 months ago

David Codrea:

… his defense centered on the protest that in New York politics, everybody does it.

That’s probably true, and no doubt goes a long way toward explaining why criminals are so concerned about making sure everyone but they and their enforcers are disarmed. No one has been more rabid about that than Silver, abusing his influential political position to betray his oath of office and subvert the rights of his constituents, and not just the ones dumb enough to trust him with power over their lives.

I’m certainly not surprised.  Collectivists aren’t keen on recognizing or defending the rights of others, but certainly quick to leverage their position to increase their own standing.

Speaking of which, Ray Kelly, I don’t support more guns.  Of course you don’t.

Via Uncle, who says we don’t need to carry guns to church?

The TSA on how to fly with firearms.  Except that I’ve been told by American Airlines to put the ammunition outside the locked container where my gun is, contrary to what the TSA is saying here.  You know, because someone doesn’t have their act together, perhaps the TSA, or perhaps the airlines, or perhaps both.

Guns Tags:

Notes From HPS

BY Herschel Smith
6 years, 8 months ago

David Codrea:

True to form, and consistent with Rahm Emanuel’s advocacy to never let a serious crisis go to waste, citizen  disarmament swindlers and other totalitarian lobby shills have taken to social and “regular” media to lay blame for Friday’s Colorado Planned Parenthood murders on groups that stand in the way of their goals. Those include gun owners, right to life activists, Republicans, Christians, white males, and others “progressives” view as impediments and threats to their objective of total control.

[ … ]

… he may be a peeping tom/cruel to animals … [and apparently doesn’t understand gender differences].

See also Mike Vanderboegh’s comments.  Look folks, this is a broken record.  The next criminal who wields a gun is the justification du jure for more control over people who didn’t do the act, wouldn’t do the act, who could be reliably depended upon to stop people who do the act.  It matters not to the controllers, and it needs to matter not to us.  Molon labe.

I hope you had a blessed Thanksgiving.  I know I did.  I appreciate it as being not just some amorphous holiday to be thankful to who knows what or who knows who for whatever, but to a sovereign God to has favored us with His kind providence.

David Codrea’s thanksgiving essay is here.

Fast-forward to present-day Boston, a place of sacred tradition, the literal forge for our heritage of individual liberty. Except Boston is now a place where traditions have been betrayed. Its current overlords have succeeded in disarming the whole people in a way that General Gage could never have conceived possible.

So successful have these rulers been that the city that gave us Sam Adams and Paul Revere is now a city under siege, and this is fittingly ironic if you think about it, by wild turkeys. So helpless and hapless are Boston’s modern-day patriots, they can do little except retreat from the aggressive gobblers, escape, hole up and plead for rescue from the very authorities that enforce public impotence.

Read it all.  Well, my reaction is that I would be surprised if the king’s men don’t hunt them down, since it is, after all, the king’s royal forest and men can only hunt by permission of the king.

Mike Vanderboegh links Strategy Page on the proliferation of personal defense weapons.  I haven’t developed a strong opinion on the value of these guns (or for that matter, pistol-caliber carbines).  I would be interested in reader reaction and opinion.

Gateway Pundit:

Seventeen people, allegedly belonging to specialised committees of the outlawed Muslim Brotherhood, were arrested Friday on charges of planting two explosive devices and attempting to block rain drainage in Alexandria.

The Interior Ministry said, in an official statement, one bomb exploded near the Al-Atareen police station, but the other one was defused before exploding in the same area.

The statement added that defendants dumped a cement mixture into the drainage canals to block the water and cause floods, consequently causing the repeated flooding in the city. The cabinet allocated EGP 6bn to maintain drainage infrastructure in Alexandria and Beheira in a bid to contain the damages resulting from the floods.

The drying of concrete is an exothermic reaction, one that occurs chemically rather than thermodynamically.  In other words, the presence of water doesn’t stop the drying of concrete.  This is a clever ploy to cause damage and vandalize infrastructure.  See how easy it is to cause terrorism?  The existence of a relatively peaceful America is a consequence of it having been primarily a Christian nation, with men who observed Biblical law towards other men.

As John Adams observed, “Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other.”  I don’t consider Muslims in that category “moral and religious,” since it is a political religion intended for domination over other men, crafted by a pedophile for keeping his band of warlords and fighters together.

Notes From HPS

BY Herschel Smith
6 years, 9 months ago

David Codrea:

She also sided with ATF in ruling “the Second Amendment does not extend to the unrestricted manufacture, distribution, sale, or purchase of firearms or their parts,” that regulation of the parts is “presumptively lawful …  ‘fall[ing] outside the historical scope’ of the Second Amendment,” and that ATF’s action “places only a marginal burden on the right to bear arms in self-defense of one’s home.”

Those are precisely the actions to which the second amendment extends, and the judge has turned the second amendment on its head.

David Codrea:

A gun is without a doubt the most difficult product to legally buy in New Jersey,” Nappen replied when asked to comment for this article. “Nothing else requires a lengthy state and federal application, fingerprinting, background check, mental health records check, letters of reference, payment of fees, a waiting period, and written approval by a Chief of Police before a purchase of a constitutionally protected consumer good can happen.

Hey, isn’t that New Jersey governor dude running for some national office of some sort?

New Jersey senate may mandate display of smart guns in gun stores, as well as minimum inventory.  Yea.  This is what the progressives mean when they talk about giving the thing a chance.  They don’t mean letting the market dictate what happens.  They mean government bullies bossing you around.

From reader Mack, are millennials the new brown-shirts?  Yes.  Children of hippies.  The offspring of progressives are always Fascists.

Notes From HPS

BY Herschel Smith
6 years, 9 months ago

David Codrea:

She was one of the celebrity signatories of a Handgun Control, Inc. (that’s what the Brady Campaign called itself before they figured it would be smarter to hide their true intentions) “Open Letter to the NRA.” She’s fine with using the coercive power of the state (meaning they can shoot you if you disobey them) to impose gun and magazine bans, one-gun-a-month limits and waiting periods, just so long as her precious hindquarters are protected.

Case in point: when an “undocumented” intruder attempted to “migrate” to her property some years back, he wasn’t greeted with unconditional love. He wasn’t treated with dignity and respect.

Madonna’s armed security shot him.

As long as the horrible knuckle-dragging, mouth breathing monkeys do the work of stopping the bad people, she can be free to do the moral preening at our expense.  LEOs and security guards understand that’s how the elite see you, don’t you?  Knuckle-dragging monkeys.  They don’t respect you.

Marco Rubio is a globalist.  But we knew that already.  The reason he had to “change his position” is because it was unpopular with the electoral base.  The reason he didn’t think that way to begin with is that he never really believed what the electoral base believes.

Mark Steyn on saddy-saddy-sadcakes.

Mexican cartel gunmen cross the border into Texas and disappear.  You didn’t think ISIS was the most immediate threat to the safety of your family, did you?


Twitter wasted no time recirculating Republican presidential candidate Donald Trump’s infamous post-Charlie Hebdo shooting tweet which said, “Isn’t it interesting that the tragedy in Paris took place in one of the toughest gun control countries in the world?”

While Trump was getting blasted (again) for that tweet, The Daily Beast posited that getting AK-47s into France, a country with hugely restrictive gun laws, most likely came though in the black market in Eastern Europe where “a Kalashnikov or a rocket launcher can be acquired for as little as 300 to 700 Euros.”

But what about here in the U.S.? If terrorists here wanted to buy guns, would they be able to?

The short answer: Probably, yes.

Yea, it’s another one of those articles.  Listen, collectivists.  A man intent on getting a gun will always be able to get a gun.  Or steal one.  Or make one.  Gun control doesn’t work with terrorists and criminals.  But you knew that already, didn’t you?  That isn’t why you want gun control, is it?

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