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]

How Red Flag Laws Kill Peaceable People

BY Herschel Smith
1 week ago

Never forget.  You have a new push for red flag laws courtesy of the NRA.

Nobody Needs An AR-15 and Other News

BY PGF
2 weeks, 2 days ago

Red Flag laws are still a favorite of Republicans. Tucker Carlson on Red Flag Laws

WoG has The Wish List. You have a Second Amendment right to buy firearms unless you’re mentally ill. TCJ has discussed at length the deeply problematic definition of mental illness. It’s just an opinion of a witch doctor.

This mother is a hero.

Pregnant Mom Evens the Odds, Fends Off Armed Robbers With AR-15

“A Florida woman who was eight-months pregnant and came out wielding an AR-15 rifle reportedly saved her husband and pre-teen daughter last week from a pair of violent intruders who’d broken into the family’s home,” Fox News reported.

“They came in heavily hooded and masked. As soon as they had got the back door opened, they had a pistol on me and was grabbing my 11-year-old daughter,” King explained.

He recalled being pistol-whipped and kicked in the head.

“It became real violent, real fast,” he said.

Just one more gun law and poof – utopia attained.

California Moves Full Steam Ahead With Two More Gun Control Laws

The Judiciary Committees in both the Assembly and Senate approved of Gov. Gavin Newsom’s proposed bills that came on the heels of the tragic shooting in Uvalde, Texas.

The first bill, SB 1327, is an attempt to “limit the spread of illegal assault weapons and ghost guns.”

The second bill, AB 2571, limits a firearms manufacturer “from advertising or marketing any firearm-related product, as defined, in a manner that is designed, intended, or reasonably appears to be attractive to minors.”

Red Flag Laws Become Focus

BY Herschel Smith
1 month ago

NPR.

That sort of telegraphing of intentions is common among mass shooters, said David French, an editor with the conservative publication The Dispatch who recently wrote in support of red flag laws.

French, who told Morning Edition he keeps an AR-15-style semiautomatic rifle at home, said that red flag laws would be more effective than a ban on such weapons.

Such a ban wouldn’t work, French says, because “it’s a virtual impossibility — there’s tens of millions, 20 million maybe or more of them in circulation right now.” Such a ban has little support among conservatives, he said, unlike red flag laws.

Does it surprise anyone that sellout and collectivist David French supports red flag laws?  French claims himself to be a Christian – I have seen no evidence.

If he is, why wouldn’t he speak to the main issue of the day, i.e., the weakness, tepidness and lethargy of the churches, of the rejection of the Almighty in the public square, failures in parenting (because of the above), government failure at proper parenting (because that’s not in the province of the state), and the moral wickedness of the society?  Perhaps because of cowardice?

A law cannot possibly make up for the lack of a moral rudder.  Guns have always been ubiquitous in America.  School shootings have not.  You do the math.

Probable New Red Flag Laws

BY Herschel Smith
1 month ago

And maybe universal background checks too.

One Republican senator and one Democratic senator are hoping they can find some common ground on gun reforms that will garner enough Republican support to pass the 60-vote threshold in the Senate …

Republican Senator John Cornyn and Democratic Senator Chris Murphy will meet virtually on Tuesday to “see if we can agree on a basic framework” about how to go forward on gun legislation proposals, according to an aide to Cornyn. An aide to Murphy confirmed the senator “is participating in tomorrow’s meeting and will be holding meetings throughout the week.”

[ … ]

“So red flag laws are on the table. Background checks, expansion and on the table, as well as things like safe storage of guns. I think we can get something done, but we don’t have a lot of time.”

One republican congressman is even open to a renewed AWB.

Is anyone surprised by any of this?

Caniglia Versus Strom: The Supreme Court On The Reach Of The Fourth Amendment

BY Herschel Smith
1 year, 1 month ago

From a number of readers, the SCOTUS has placed limits on the scope of power police may take, while protecting the fourth amendment.

David Codrea has snipped the major details (this isn’t a long ruling).

Held: Neither the holding nor logic of Cady justifies such warrantless searches and seizures in the home. Cady held that a warrantless search of an impounded vehicle for an unsecured firearm did not violate the Fourth Amendment. In reaching this conclusion, the Court noted that the officers who patrol the “public highways” are often called to discharge noncriminal “community caretaking functions,” such as responding to disabled vehicles or investigating accidents. 413 U. S., at 441. But searches of vehicles and homes are constitutionally different, as the Cady opinion repeatedly stressed. Id., at 439, 440– 442. The very core of the Fourth Amendment’s guarantee is the right of a person to retreat into his or her home and “there be free from unreasonable governmental intrusion.” Florida v. Jardines, 569 U. S. 1, 6. A recognition of the existence of “community caretaking” tasks, like rendering aid to motorists in disabled vehicles, is not an open-ended license to perform them anywhere. Pp. 3–4. 953 F. 3d 112, vacated and remanded.

This is also being discussed at Ammoland here and here, and GOA is calling this a huge victory.

No doubt it is, and this is the right decision.  But some of the justices blather on and on about why they think it was okay to vote the way they did, which vote seems for all the wrong reasons.

I saw the decision, and looked immediately to see what Justice Clarence Thomas said.  He matters.  The rest of them are complete frauds and what they have to say matters no more to me than when a dog barks.

Now.  Let’s see how much this decision actually has an effect in the real life behavior of police.  As for the so-called “community caretaker” issue, that’s a myth fabricated out of whole cloth, with no basis in the law, and in complete contradiction with prior decisions such as Castle Rock versus Gonzales, Warren versus D.C., and DeShaney versus Winnebago County.

Only an idiot would believe in something like the “community caretaker” foolishness.  But the SCOTUS seems to be consumed with the notion – except for Justice Thomas.

This specific instance also highlights the continuing threat of so-called extreme risk protection orders.  Those come with warrants, while this case dealt with actions taken without a warrant.

Warrants are handed out like candy by judges.

John Kasich’s Betrayal of Gun Owners

BY Herschel Smith
1 year, 11 months ago

David Codrea.

Kasich is the latest in a string of “Never Trump Republicans” to cast his lot with the Democrats, the very Party his past supporters donated money and labor to defeat at the polls. We’ve noted subversive efforts by groups like the Lincoln Project and watched prominent “neocons” like George Conway, Bill Kristol, and Carly Fiorina jump ship. We’ve seen “Big Tent Republicans” like Larry Hogan making no secret of abandoning what once was a Republican core constituency to move the GOP even further to the left. And just the other day, “conservative” columnist George Will announced he’s voting for Biden.

Funny that list.  I’ve always felt that Kristol and Fiorina were sniveling lackeys, Kasich just a buffoon, and George Will a true creep.  I’ve never liked any of them, and never found any to be a friend to gun owners.

Not that Kasich meant anything he promised to swindle gun owners into voting for him. Except he called infringements “reforms.” He came out against “Stand Your Ground” and even vetoed a gun bill that didn’t have it because it didn’t include “guilty until proven innocent” Red Flag seizures.

It’s always about red flag laws, isn’t it?  You can have these pretend rights, but we want to be able to take them away for any reason we deem fit, and we’ll send the Stasi to do it.

It’s the same thing going on in Wyoming right now.  Oh, the real news can get buried under the drama that the MSM whips up.  But read on and make sure to read to the end.  It’s all about pol support for red flag laws.

Low Hanging Fruits And Nuts

BY Herschel Smith
2 years, 2 months ago

Ammoland.

The court granted the City’s petition. The court acknowledged that Lori could legally “walk . . . into any gun store and qualify to buy a handgun . . . and put [it] in that gun safe.” But it held that the City was nevertheless authorized to take the “low hanging fruit” of the guns the Rodriguezes already owned, irrespective of Lori’s ability to buy more, because of the danger that Edward presented. Stating that it was not “ignoring [Lori’s] Constitutional Rights,” the court concluded that it was not appropriate to return the firearms given the public safety concerns at stake.

Ah, those “low hanging fruit” guns.

The only thing low hanging about this is the moral compass of the fruits and nuts who made this decision.

The Dangers Of Red Flag Logs

BY Herschel Smith
2 years, 3 months ago

Yet Another Red Flag Death

BY Herschel Smith
2 years, 3 months ago

This account (from reader Fred) is told from the perspective of the police.  Here’s a better report.

Sandler said Lemp’s grief-stricken family is traumatized. Their statement says they intend to “hold each and every person responsible for his death.”

“We believe that the body camera footage and other forensic evidence from this event will support what Duncan’s family already knows, that he was murdered,” the statement says.

Lemp worked as a software developer and was trying to raise money for a startup company, according to friends and co-workers.

“He was a talented, smart guy. Super nice. Didn’t deserve to get shot,” said Samuel Reid, whose Canadian software company employed Lemp as an independent contractor.

Tsolmondorj Natsagdorj, 24, of Fairfax, Virginia, said he met Lemp in 2016 and bonded with him over their shared interest in cryptocurrency. They also talked about politics. He described Lemp as a libertarian who frequented the 4chan and Reddit message boards, sites popular with internet trolls.

“Duncan was a young guy with a bright future as an entrepreneur,” Natsagdorj said. “He was working on things to change the world.”

On social media accounts that friends said belonged to him, Lemp’s username was “YungQuant.” On an internet forum called “My Militia,” someone who identified himself as Duncan Lemp, of Potomac, and posted under the username “yungquant” said he was “an active III%’r and looking for local members & recruits.” That’s an apparent reference to the Three Percenters, a wing of the militia movement. The group’s logo, the Roman numeral “III,” has become popular with anti-government extremists, according to the Anti-Defamation League.

On his Instagram account, Lemp recently posted a photograph that depicts two people holding up rifles and included the term “boogaloo,” slang used by militia members and other extremists to describe a future civil war in the U.S.

Well there you have it.  Reddit is a place for trolls.  Some of the best and quickest news you’ll ever find is over reddit.

“Boogaloo” … “militia” … III’per … that’s why he was shot.  And until I see evidence that he shot at the police first, I’ll assume the police executed him.  In fact, I wouldn’t have had any problem with him shooting the police.  After all, they invaded his home.

I’ve seen speculation that he had an unregistered SBR, a bong in one of his pictures, or whatever.  Note: I don’t believe in the righteousness of the NFA, and I don’t believe in the war on drugs.  I don’t use drugs, as my faith has a lot to say about that.  But I don’t care if you do.

The Result Of Red Flag Laws

BY Herschel Smith
2 years, 4 months ago

Jacob Sullum writing at Reason.com.

The allegations against Kevin Morgan were alarming. They described just the sort of circumstances that Florida legislators had in mind when they approved that state’s “red flag” law in 2018, three weeks after the mass shooting at Marjory Stoneman Douglas High School in Parkland.

Morgan’s estranged wife, Joanie, claimed he was depressed, suicidal, and obsessed with the apocalypse, which he thought was imminent. She said he was stockpiling food, gold, guns, and ammunition in anticipation of the end times; that he talked about seeing, hearing, and wrestling with demons; and that he had performed a ritual that involved rubbing “oils” on their children and the walls of their house. She reported that he was abusing the drugs he had been prescribed for chronic pain, had talked about dismembering his former wife, had intimated he would do the same to her if she ever disrespected him, and had threatened to kill her with succinylcholine, a paralytic agent used during surgery and intubation.

Oooo … sounds awful, doesn’t it?

On the strength of such claims, Joanie Morgan obtained a temporary domestic violence protection injunction, an involuntary psychiatric evaluation order under the Florida Mental Health Act (a.k.a. the Baker Act), and a temporary “risk protection order” under the red flag law, which authorizes the suspension of a person’s Second Amendment rights when he is deemed a threat to himself or others. All three were ex parte orders, meaning they were issued without giving Kevin Morgan a chance to rebut the allegations against him.

But when it was time for a judge to decide whether the initial gun confiscation order, which was limited to 14 days, should be extended for a year, Morgan got a hearing, and the lurid picture painted by his wife disintegrated. By the end of the hearing, in an extraordinary turn of events unlike anything you are likely to see in a courtroom drama, the lawyer representing the Citrus County Sheriff’s Office, which was seeking the final order, conceded that he had not met the law’s evidentiary standard, and the judge agreed.

But why?

In the affidavit supporting her petition, Montgomery said she responded to a complaint from Joanie Morgan alleging that her husband had violated the temporary domestic violence protection injunction by returning to the house in Citrus Springs they used to share and retrieving clothing, medications, “several firearms,” and his Ford Mustang. Montgomery paraphrased the claims Joanie Morgan had made in her petitions for the injunction and the Baker Act examination: that “the respondent has had a decline in mental stability over the last four months” and “has displayed irratic [sic] behaviors to include making threats to dismember a former paramour and threats to kill his entire family while yielding [sic] a vial containing a paralytic agent.” She added that “the respondent has purchased several firearms and ammunition during this time period.”

He purchased several firearms.  Horrible man, but let’s continue to see just how horrible he really is.

At this point, Montgomery later testified, she had done no investigation beyond talking to Joanie Morgan and reading her petitions. Montgomery said she subsequently discovered there was no basis for the claim that Kevin Morgan had violated the injunction by visiting the house. “I determined that it wasn’t him that had gone to the house,” she said. “It was actually a pool maintenance worker that had been by the house.” Furthermore, “the firearms had been transferred prior to his risk protection order” in response to the domestic violence injunction, meaning there were no guns for Morgan to retrieve from the house.

Montgomery did read the Baker Act petition that led to Morgan’s court-ordered psychiatric evaluation, but she did not mention the outcome of that evaluation. On September 13, 2018, police handcuffed Morgan and took him to The Centers, a mental health facility in Ocala, where he spent the night. The next day, a psychiatrist determined that he did not meet the law’s criteria for involuntary treatment. A discharge form dated September 14, 2018, described Morgan as “alert and oriented” and “calm and cooperative.” It explained that “Kevin was evaluated by the psychiatrist and it was determined that Kevin does not present as a danger to himself or others.”

Joanie Morgan’s testimony was tearful, highly emotional, scattered, and frequently vague. She reiterated her earlier allegations and added a few more. But when Blackstone asked whether she had any evidence to corroborate what she claimed her husband had said and done, she admitted that she did not.

There were no witnesses to confirm his alleged threats and no photographs of oil on the walls, of the hypodermic needles he allegedly had stashed away to inject the succinylcholine, or of the food, gold, weapons, and ammunition he allegedly had accumulated in preparation for the end times. Nor had police ever visited the house to confirm any of those details. Blackstone also noted that, despite Joanie Morgan’s portrait of her husband as dangerously deranged, she was planning to build a new house with him on property they had purchased together in April 2018, and she had left her children overnight with him that August, in the midst of his supposed breakdown, to attend a conference in Tampa.

Joanie Morgan’s mother, Susan Harper-Clements, tried to back up her daughter’s portrayal of Kevin Morgan as dangerous, but the evidence she offered fell notably short. For example, she mentioned “conversations” after the 2017 mass shooting in Las Vegas. “Kevin had told me that the NRA…was all into this gun thing and that you couldn’t even buy the bullets you wanted, because people were stockpiling,” she said. “And he said, ‘When they’re all through with this, you won’t be able to buy guns and ammunition.'” On cross-examination, Blackstone noted that such comments hardly proved homicidal intent. “He has never threatened anyone in your presence, has he?” he asked. “No,” Harper-Clements replied.

Kevin Morgan’s demeanor at the hearing was as Montgomery and the staff at The Centers had described it: calm, polite, and cooperative. He denied seeing demons, making threats, or obsessing about the apocalypse. He denied that he had recently been stockpiling guns, saying he had acquired his collection of roughly 40 rifles and handguns over the course of more than two decades. The only guns he had acquired recently, he said, were three black-powder pistols he had bought the previous spring and summer—antique replicas ill-suited for the end times.

What about the mostly empty vial of succinylcholine that his wife had presented to sheriff’s deputies as evidence of Morgan’s deadly designs? Morgan recalled that his wife, a nurse who had worked at two local hospitals, had once accidentally brought home just such a vial, saying she had put it in her lab coat pocket after participating in the treatment of a patient who had suffered a cardiac arrest. Morgan, who also has a nursing degree, had managed the emergency room at one of those hospitals, but he left that job in January 2015 because of a disability caused by spinal stenosis. After that, he no longer had access to drugs such as succinylcholine. Given the expiration date on the vial that his wife gave to police, Morgan said, it was clear he could not have been the person who had obtained it.

Okay, there’s much more at the link but I’ve heard enough, and congratulations to Jacob for doing such an outstanding job of reporting this.  Go read the rest of it here.

Let me tell you what happened in this case.  She got together with her mom, who clearly doesn’t like him very much, after the wife had an argument with him of some sort.  She was in too deep to back out, so they concocted this ridiculous set of tales.

So he was embarrassed, had his God-given rights violated, and had his belongings confiscated, all without even a hint of real investigative work by the police.

So goes red flag laws in America, the best thing since sliced bread according to nearly every politician on the planet.


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