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Posts Tagged second amendment
Bureaucrat Militias and the Threat To Freedom
From Law and Liberty:
In addition to the administrative agencies that we would expect to have militias, the Justice Department, Homeland Security, the Bureau of Prisons, and such, some unlikely federal bureaucracies actively train and use militias: IRS, Social Security Administration, Department of Education, Consumer Safety Products Commission, Bureau of Land Management, Department of Agriculture, National Oceanic and Atmospheric Administration and a host of other agencies, both large and small. Sensational stories about the Environmental Protection Agency raids to enforce the Clean Water Act have surfaced in recent weeks; the Education Department has used its militia to terrorize citizens suspected of defaulting on student loans; and a few years ago, the National Oceanic and Atmospheric Administration, along with the militia from the Fish and Wild Life Service made a spectacular raid on a Miami business suspected of having violated the Endangered Species Act.
These raids were full-scale military operations to enforce administrative agency regulations. Government militias have become so active in the past several years that the rate at which they purchase ammunition for training purposes has caused widespread shortages in civilian markets—at times it has been almost impossible for civilians to purchase the most popular calibers used by government militias. What should we make of this dramatic expansion of the administrative state?
Delayed Rights Are Denied Rights
From Law and Liberty:
An analogy to the First Amendment demonstrates why the delays in gun access are unconstitutional. While the First Amendment permits states to require licenses for demonstrations (because of the need to prevent disruption to other activities), such licenses cannot be so unreasonably delayed as to effectively undermine the right of free speech. Moreover, the First Amendment suggests the need for licensing exceptions for demonstrations in response to breaking news. In any event, judges have permitted short delays of only a few days before licenses for demonstrations must be issued.
Similarly, licensing is permitted under the Second Amendment to make sure that guns do not get in the hands of felons and the mentally ill—categories of people the Supreme Court has stated do not have the right to guns. But delays in issuing gun licenses during unrest would render the Second Amendment right as ineffective as unnecessary delays in protest licensing would the First. Moreover, substantial delays are unneeded to determine whether someone is a felon or has been adjudicated as mentally ill, as the federal instant gun check program shows. These delays are also far more substantial than any “cooling off†period that would help prevent crimes of vengeance or passion, even assuming that such a reason for delay was compatible with the Second Amendment’s provision of a right to ready self-defense.
The Left Continues To Misinterpret Gun Culture
From The New Republic:
Rarely do the police chiefs or concealed carriers whom Carlson interviews stop to consider if the ubiquity of firearms in America is the source of that constant sense of danger. Instead, their worldview is guided by twin instincts: what Carlson calls “gun militarism†and “gun populism.†Gun militarism, espoused by essentially every chief she interviewed, is synonymous with the infamous “Warrior Cop†training that conditions police to think of the world as filled with enemies at every corner who must be overpowered at all costs, necessitating an arms race with criminals. Gun populism, meanwhile, aligns with the pro-gun dogma that lawful gun owners carrying in public make America safer either by providing quick responses to threats when police aren’t present or by deterring crime in the first place. One is a top-down approach to meeting an ever-present threat, the other bottom-up. Most of the chiefs Carlson interviewed argued that gun militarism and populism complement one another.
WA Confiscation Law Unconstitutional
From NRA-ILA:
Earlier this year, in a ruling of first impression in Washington State, the Kitsap County District Court decided that the state’s compulsory “firearm surrender†laws violated the Fourth and Fifth Amendments and the analogous provisions in the state constitution. “In our constitutional system of government, individuals have rights that the government and its agents (including courts) must respect. Among those rights are the right to be free from compelled self-incrimination under the Fifth Amendment, the right to be free from unreasonable searches and seizures under the Fourth Amendment, and their counterparts under Washington’s constitution.â€
Americans Prove They Want Guns With Their Actions
From National Shooting Spots Foundation:
“These figures, combined with the record-breaking 17.2 million NSSF-adjusted background checks for the sale or transfer of a firearm in the first ten months of 2020, demonstrates that Americans have a strong desire to continue purchasing firearms for lawful purposes,†said Joe Bartozzi, NSSF’s President and CEO
The View From Liberal Gun Owners
From NY Mag:
“You can’t say you’re for civil rights and have a civil right you’re absolutely interested in curtailing,†says Lara Smith, the spokesperson for the Liberal Gun Club, an organization founded in 2008 that provides gun-skills courses for as little as $10 a year and has 4,500 members. She says that Democratic lawmakers are totally ignorant when it comes to how guns actually work.
Gun Control Support Falling
From Gallup:
In the absence of a high-profile mass shooting in the U.S. in 2020 and amid the coronavirus pandemic, civil unrest related to racial justice issues and the contentious presidential election campaign, Americans are less likely than they have been since 2016 to call for increased gun control. The latest majority (57%) in the U.S. who call for stricter laws covering the sale of firearms marks a seven-percentage-point decline since last year. At the same time, 34% of U.S. adults prefer that gun laws be kept as they are now, while 9% would like them to be less strict.
Open Letter To New Gun Owners
From Open Source Defense:
But if you’re new to gun ownership, you probably don’t fully understand the different policy objectives of the Republican and Democratic party presidential nominees. We at OSD would like to examine the platforms in an unbiased and detailed manner, so you can understand the implications.
Biden Team Working To Put ARs On NFA List
From Bearing Arms:
According to Oliva, members of the Biden transition team are already exploring options to place AR-15s and other modern sporting rifles under the National Firearms Act without legislation, instead using the regulatory power of the ATF to redefine the rifles themselves.
Mark Robinson Elected North Carolina Lt. Governor
From Guns.com:
The Veteran who gave an impassioned speech in support of the Second Amendment at a North Carolina city council meeting in 2018 is now slated to be the state’s next lieutenant governor.Â
Friend of Rittenhouse Charged With Two Felonies
From NBC Chicago:
A 19-year-old Kenosha man has been charged with two felonies after prosecutors say he gave a gun to Kyle Rittenhouse, the suburban teen accused of killing two protesters during unrest in the southeastern Wisconsin city.
Dominick Black was charged with two counts of intentionally giving a dangerous weapon to a person under the age of 18, causing death.
How The ATF Arbitrarily Creates Criminals
What if government agents could, by declaration, make you into a criminal? What if, without legislative change, bureaucrats could decide that what was legal yesterday is a felony today? What if we were governed not by law, but by arbitrary statements telling us what we may or may not do?
Unfortunately, those questions are not merely hypothetical—thanks to recent abuses of power by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), millions of American gun owners are facing them head-on. Even if you hate guns, you should be deeply concerned by the arbitrary power wielded by the ATF against your fellow Americans. If an unchecked executive agency can run roughshod over any of our rights with impunity, all of our rights are in danger.
Pro Gun Libertarian Wins State Office In Wyoming
From Bearing Arms:
Burt was part of a Libertarian Party effort that focused on small races in districts that were unopposed.
He’s also the only one who won their race. Then again, it seems he was the only one in the state to actually win. You see, he was the only one up against a Democrat instead of a Republican.
The key, though, was focusing on values Republican voters could rally behind.