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]

Low Hanging Fruits And Nuts

BY Herschel Smith
2 months, 4 weeks 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
3 months, 1 week ago

Yet Another Red Flag Death

BY Herschel Smith
3 months, 4 weeks 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
4 months, 1 week 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.

‘Red Flag’ Law Assumes Gun Confiscation Orders Will Be Granted 95% Of The Time

BY Herschel Smith
6 months, 1 week ago

Reason.

The Colorado legislature’s official fiscal analysis of that state’s new “red flag” law, which took effect this week, projects that police and “family or household members” will use it to seek gun confiscation orders against people they portray as threats to themselves or others about 170 times a year. The analysis also assumes that 95 percent of those petitions will be granted, which is not far-fetched given Florida’s experience with such orders.

Such a high approval rate reflects the due process problems with red flag laws, which take away people’s Second Amendment rights for a year or more based on vague standards and dubious evidence that judges are not inclined to question because they worry about the potentially deadly consequences of rejecting petitions. But there are a couple of reasons to think Colorado’s approval rate may not be quite as high as Florida’s.

The land of pre-crime requires that you be squared away in your family life.  Seriously.  The best way to avoid crap like this is to never call the police about anything, especially any family disputes or firearms.

Men, be leaders.  Spiritual leaders, physical leaders, providers and protectors.  The costs of not being so is higher today than ever before.

Man Stripped Of Guns After Lawsuit Rival Files Red Flag Complaint

BY Herschel Smith
7 months, 2 weeks ago

The Western Journal.

An incident in New Jersey is testing just how far red flag laws can be pushed, and the results aren’t pretty.

The gun seizure comes as part of a heated court case between Alfred Conti and his former physician, Dr. Matthew Kaufman. The defamation lawsuit revolves around negative reviews left by Conti.

Months after the suit was opened, police stripped Conti of firearms and ammunition on Sept. 25.

The firearm seizure was put into action thanks to a red flag complaint made by Kaufman and his lawyer, the Asbury Park Press reported.

Before his guns were taken, it seems Conti was just intent on receiving treatment. Hurting from an apparent failed surgery, Conti was first kicked out of the clinic where Kaufman practiced, allegedly due to his aggressive behavior with staff.

Shortly after, Conti would write the negative reviews that sparked the entire lawsuit.

A month later, Conti called Kaufman’s lawyer several times, asking for the doctor to see him again in an attempt to end his pain. In one call played to the court, the injured man used vulgar language and threatened to bring the authorities into the matter.

Conti’s error appears to be in mentioning he knew where both Kaufman and the doctor’s lawyer lived in one of the calls.

However, both sides agreed that it doesn’t appear any threat was made.

Despite this, police acted on the red flag complaint and seized multiple pistols, a rifle and ammunition from Conti. According to police, the injured man cooperated peacefully as authorities disarmed him.

As red flag laws go on the books in more locations, cases like this that sit squarely in a gray area are virtually guaranteed to keep happening.

Although there needs to be an instrument of law to disarm people threatening violence, the real question is where the line should be drawn.

I go back to David Codrea’s dictum.  Any man who can’t be trusted with a gun cannot be trusted without a custodian.  And frankly, I don’t believe in imprisonment anyway because it’s unbiblical.  The Scriptures favor retribution and restitution, and thus I believe in slavery when the crime of theft has been committed, and execution when murder, rape or kidnapping has been committed.  There is no such thing as a crime against the state, there are only crimes against individuals.  The best way to repay damages for theft is that the thief becomes a slave until the debt is paid.  So let me say it again.  I believe in slavery.  So does the bible.

But back to the point.  Guns are the least of the problems if the man is really intent on doing harm.  He could just go down to his local Lowe’s and buy fertilizer, or easier, a few cans of gasoline.

I prefer to sentence people for crimes when crimes are actually committed rather than relying on witchcraft to determine the future.  I don’t gamble, I don’t buy lottery tickets, and I don’t believe in witchcraft.

Oklahoma Considering Law That Would Bar FedGov From Enforcing Red Flag Laws

BY Herschel Smith
7 months, 3 weeks ago

Via reader Fred, this comes from ZeroHedge.

Sen. Nathan Dahm (R-Broken Arrow) filed Senate Bill 1081 (SB1081) for introduction in the 2020 legislative session. Under the proposed law, the Oklahoma legislature would “occupy and preempt the entire field of legislation in this state touching in any way federal or state extreme risk protection orders against or upon a citizen of Oklahoma to the complete exclusion of any order, ordinance or regulation by any municipality or other political subdivision of this state. “ In effect, only the Oklahoma legislature could pass any type of so-called red-flag law effective in the Sooner State.

The legislation also would declare that any federal red-flag law “which would infringe upon a citizen’s Constitutionally-protected rights including, but not limited to the right to due process, the right to keep and bear arms and the right to free speech, shall be null, void, unenforceable and of no effect in the state of Oklahoma.”

These declarations would have very little effect in practice, but SB1081 includes provisions that would make federal red-flag laws nearly impossible to enforce in Oklahoma. The proposed law would prohibit any  Oklahoma agency or any political subdivision from accepting any federal grants to implement any federal statute, rule or executive order, federal or state judicial order or judicial findings that would have the effect of forcing an extreme risk protection order against or upon a citizen of Oklahoma.

It would also make it a felony offense for any individual, including a law enforcement officer, to enforce a federal red flag law. In effect, this would bar state and local police from enforcing a federal red-flag law.

I applaud the effort.  But more is needed.  Hopefully this will be a model law for other states to follow, at least in the beginning.

The next steps will be a state law which prohibits any agents of the FedGov from enforcing said laws in Oklahoma, punishable by imprisonment.  The legislature must use its powers to prevent the state courts from reviewing constitutionality of the law by state courts (a tool the Congress has against tyrannical power by the supreme court, but has never used).  The law must further stipulate that federal court reviews of this law will not be honored in the state of Oklahoma.

The FBI Is Creating A Social Media Red Flag Tool

BY Herschel Smith
10 months, 2 weeks ago

Ah, Those Wonderful Red Flag Laws!

BY Herschel Smith
10 months, 3 weeks ago

Ammoland.

The Florida Department of Agriculture and Consumer Services was notifying him that they have suspended his concealed handgun permit.

“On or about August 12th, 2019 in Osceola County, Florida, an injunction was entered restraining you from acts of domestic violence or acts of repeat violations,” the notice read.

The letter shocked Carpenter, who has never had a run-in with the law.

“When I opened the letter stating my CCW was suspended, I was shocked and confused,” Carpenter told AmmoLand News.

Figuring it was a mistake, Carpenter called the Florida Department of Agriculture and Consumer Services to clear things up since he has never committed domestic violence against anyone. The representative told him he had to get a form from the Clerk of the Courts saying that there weren’t any actions against him.

Carpenter headed to Clerk of the Court’s office to retrieve the required form. When he got there, the Clerk informed him that there was an injunction against a Jonathan Edward Carpenter.

“What do I have to do to prove that you have the wrong Jonathan Edward Carpenter?” he asked the Clerk.

The Clerk instructed Carpenter to go downstairs to talk to the Osceola County Sheriff’s office to clear things up. Carpenter still figuring that it was just a mistake that the Sheriff’s office could quickly clear up went and spoke with him.

The Sheriff’s office supplied Carpenter with a copy of the injunction. In the statement, the plaintiff stated that she rented a room out to a “Jonathan Edward Carpenter” and his girlfriend. She alleged that this Carpenter was a drug dealer who broke her furniture and sold her belongings without her permission. He had a gun, and she feared for her life. She was not sure if the firearm was legal or not.

Read the rest.  And he still doesn’t have his firearms back.  I know I feel safer today.  Do you?

The Top Ten Controller Benefits Of Red Flag Laws

BY Herschel Smith
10 months, 4 weeks ago

Rex gives them.


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