Have nothing to do with the [evil] things that people do, things that belong to the darkness. Instead, bring them out to the light... [For] when all things are brought out into the light, then their true nature is clearly revealed...

-Ephesians 5:11-13

Category Archives: Second Amendment

Pressure Building on Supreme Court to Hear Second Amendment Appeals

This article appeared online at TheNewAmerican.com on Tuesday, June 2, 2020:

There are at least 10 cases pending on appeal to the Supreme Court that involve state infringements of the Second Amendment. It’s been 10 years since the Court has ruled on the matter.

But following the court’s dismissal of a New York City case over an individual’s freedom to carry a firearm in a locked case because the city relented and loosened its restrictions, Supreme Court Justice Brett Kavanaugh urged his fellow justices to take on one or more the ones currently pending.

Wrote Kavanaugh:

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Trump Forced to Withdraw His ATF Nomination

This article appeared online at TheNewAmerican.com on Friday, May 29, 2020: 

When the White House pulled the nomination of Kenneth Charles “Chuck” Canterbury, Jr. to head up the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) last week, it didn’t say why. But Canterbury’s confirmation was in jeopardy almost from the beginning.

The White House announced the nomination a year ago, but after hearing what Canterbury had to say about his commitment, or lack of, to the Second Amendment, it died in committee.

During that hearing, GOP Senator John Kennedy of Louisiana expressed his frustration at Canterbury’s lack of candor:

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April Gun Sales Continue Surge After Record-breaking March

This article appeared online at TheNewAmerican.com on Wednesday, May 6, 2020:  

An estimated 1.8 million guns were sold in America in April, according to the research consultancy Small Arms Analytics and Forecasting. This is a 71-percent increase from last April, and a continuation of the surge that began in March when a record of more than 2.5 million firearms were sold to Americans.

Mark Oliva, a spokesman for the National Shooting Sports Foundation (NSSF), said the reasons for the continuing surge are simple:

This shows us there is continued appetite among Americans to be able to provide for their own safety during times of uncertainty. These are buyers who have witnessed their governments empty prisons….

 

Police departments are stretched beyond capacity in many cases. Law-abiding Americans recognize this and are exercising their right to own a gun and defend themselves and their loved ones….

 

Our rights don’t end during a pandemic. In fact, the need for responsible and law-abiding adults to exercise their rights is magnified.

Timothy Lytton, professor of law at Georgia State University and an expert on the U.S. gun industry, agrees. Civil society could be severely “eroded” during the crisis, leading to a possible breakdown of law and order. In that case, said Lytton, a firearm can be viewed as a “self-help” survival tool in such a circumstance.

He adds a more important reason: “Many of the public health measures, such as shelter-in-place, restricting peoples’ movements, restricting what people can buy … raises fears among many of the potential for government takeover and tyranny.”

Amy Hunter, a spokeswoman for the National Rifle Association (NRA), comes closer to the real reason for the continuing surge:

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Pandemic Shutdown Forces NRA to Cancel National Convention, Cut Salaries, Lay Off Employees

This article appeared online at TheNewAmerican.com on Monday, May 4, 2020: 

Andrew Arulanandam, a spokesman for the National Rifle Association (NRA), said on Sunday that “The cancelation of the annual meeting had a significant impact” on the pro-gun group’s financial condition. He blamed it and other cuts on the pandemic shutdown:

The health crisis has caused us to postpone countless fundraising and membership events along with competitions, training seminars and other revenue streams — those disruptions are the primary drivers of our decision-making process. Like every other business and nonprofit, we are forced to make tough choices in this new economic environment.

Those “tough choices” included laying off dozens of employees, furloughing others, and scaling back on the group’s usual fundraising, membership, and shooting events.

The NRA’s chief operating officer Wayne LaPierre sent an e-mail to his people:

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A Reminder: A Single Judge Stands Between Citizens and Tyranny

This article was published by The McAlvany Intelligence Advisor on Monday, April 27, 2020:  

It’s becoming clearer all the time that when Donald Trump vacates the White House, he will leave behind a legacy of appointing constitutionalist judges. They will be tasked with the burden of restoring the U.S. Constitution and its Bill of Rights to its proper place in judicial reasoning. The impact of his appointments on the American culture will be generational.

One judge not appointed by Trump but by President George W. Bush makes the point. Born in Havana, Cuba and educated in law at Western State University, Roger T. Benitez was appointed to a new seat on the Southern District Court of California by President Bush in 2003.

His two recent decisions have thrust him into the public spotlight.

In 2016, California voters were persuaded that precious rights could be ignored in favor of faux security promised by anti-gun politicians. Laws were enacted limiting magazines to 10 rounds and requiring background checks on anyone purchasing ammunition.

The California Rifle & Pistol Association (CRPA), with funding from some private groups and individuals and the NRA, sued the state’s Attorney General, Xavier Becerra.

Benitez’s ruling on the first, Virginia Duncan v. Xavier Becerra, ran 86 pages. The judge reviewed all the reasons the State of California presented to support the law limiting magazines to just 10 rounds.

His ruling came down to this:

The magazine ban arbitrarily selects 10 rounds as the magazine capacity over which possession is unlawful. The magazine ban admits no exceptions, beyond those for law enforcement officers, armored truck guards, and movie stars. The ban does not distinguish between citizens living in densely populated areas and sparsely populated areas of the state.

 

The ban does not distinguish between citizens who have already experienced home invasion robberies, are currently threatened by neighborhood burglary activity, and those who have never been threatened.

 

The ban does not distinguish between the senior citizen, the single parent, and the troubled and angry high school dropout. Most importantly, the ban does not distinguish between possession in and around one’s home, and possession in or around outdoor concerts, baseball fields, or schoolyards.

 

The ban on magazines that hold more than 10 rounds amounts to a prohibition on an entire class of “arms” that is overwhelmingly chosen by American citizens for the lawful purpose of self-defense. The prohibition extends to one’s home where the need to defend self, family, and property is most acute.

 

And like the ban struck down in Heller, the California ban threatens citizens, not with a minor fine, but a substantial criminal penalty….

 

Under any level of heightened scrutiny, the ban fails constitutional muster.

The judge took the opportunity to review some history behind the Second Amendment:

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Two Second Amendment Lawsuits Likely Headed for Supreme Court

This article appeared online at TheNewAmerican.com on Monday, April 27, 2020:  

Two days after District Court Judge Roger Benitez ruled that California’s law requiring background checks in order to purchase ammunition was unconstitutional on April 23, the Ninth Circuit reversed his decision.

This is the second time one of Benitez’s decisions ruling in favor of the Second Amendment was reversed, and both cases are now likely to find the issues decided at the highest court in the land.

Benitez’s ruling on the first, Virginia Duncan v. Xavier Becerra (Becerra is the attorney general of California), ran 86 pages. The judge reviewed all the reasons the State of California presented to support the law limiting magazines to just 10 rounds. California voters had approved the measure in 2016 and it became effective two years later.

His ruling came down to this:

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Under Biden, Gun Ownership Would Be a “Heavily Regulated Privilege”

This article appeared online at TheNewAmerican.com on Thursday, April 23, 2020: 

Dave Workman, senior editor for GunMag.com (published by the Second Amendment Foundation), reviewed the 3,100-word anti-gun platform available at Joe Biden’s campaign website and called it a recipe “to turn the right to keep and bear arms into a heavily-regulated privilege.”

The de facto Democrat Party candidate for president insists, of course, that he will follow “constitutional, common-sense gun safety policies.” But consider just the first policy:

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Trump Administration Adds Gun Makers and Retailers to List of “Essential” Businesses

This article appeared online at TheNewAmerican.com on Tuesday, March 31, 2020: 

Given the opportunity presenting itself in the form of the coronavirus shutdown, many anti-gun states shut down gun stores and manufacturers as being “non-essential.” On Saturday, the Trump administration revised its own list of “essential” businesses deemed important to the safety and security of the Republic and the list now includes gun stores and gun manufacturers.

The Cybersecurity and Infrastructure Security Agency (CISA) is the agency responsible for executing directives by the Department of Homeland Security. In its revised memo, released on Saturday, it said that CISA “has developed … an ‘Essential Critical Infrastructure Workforce’ advisory list. This list is intended to help State, local, tribal and territorial officials as they work to protect their communities.”

Under the “Law Enforcement, Public Safety, and Other First Responders” section is now included

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Missouri House Committee Passes “Second Amendment Preservation Act”

This article appeared online at TheNewAmerican.com on Wednesday, March 11, 2020: 

On Monday the Missouri House General Laws Committee approved House Bill 1637 — the “Second Amendment Preservation Act” — and referred it to the full house with a “do pass” recommendation. The bill has more than 80 sponsors, enough to pass the bill.

The bill, if it became law in Missouri, would prohibit any person, including any public officer or employee of the state, from enforcing any past, present, or future federal “acts, laws, executive orders, administrative orders, court orders, rules or regulations” that infringe on the Second Amendment’s guarantee of the right to keep and bear arms.

The bill defines “infringement” as taxes and fees on firearms, accessories, or ammunition; registration or other schemes devised to track the ownership of firearms; any act that forbids the possession, use, or transfer of a firearm or its accessories or ammunition; or any act that orders the confiscation of firearms or its accessories or ammunition from law-abiding citizens.

That would include President Trump’s “bump stock” ban and any federally mandated “red flag” laws. It also pertains to any federal agents who try to enforce those laws in Missouri.

The knee-jerk reaction from the Michael Bloomberg-funded anti-gun group Moms Demand Action was predictable, and wrong:

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When Will the Supreme Court Rule on Unconstitutional Red Flag Laws?

This article was published by The McAlvany Intelligence Advisor on Friday, February 28, 2020: 

With more than a dozen states passing so-called “red flag” laws – aka ERPOs or Extreme Risk Protection Orders – the question is more relevant than ever: when is the Supreme Court going to rule on their constitutionality?

Connecticut was the first state to impose such a law on its citizenry 20 years ago, and an appellate court ruled it to be constitutional. Since then? Nothing but silence.

But things are heating up in New Mexico that just might force the issue: the governor expects local sheriffs to enforce her shiny new unconstitutional red flag law, but the sheriffs are refusing to do so.

What if she presses the matter?

Upon signing into law Senate Bill 5 – the state’s version of an ERPO or “red flag” law – on Tuesday, New Mexico Governor Michelle Grisham claimed that “this law is sensible and balanced. It is a good public safety measure. If it saves even one life, and it will, we will have done good work here.”

Not if those good intentions violate the U.S. Constitution, say the sheriffs she is counting on to enforce it. Sheriff of Cibola County Tony Mace is also chairman of the New Mexico Sheriffs Association. In a public statement, he made clear that sheriffs don’t work for the state, the governor, or the legislature:

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New Mexico Governor: Sheriffs Should Enforce Red Flag Law or Resign

This article appeared online at TheNewAmerican.com on Thursday, February 27, 2020: 

Upon signing into law Senate Bill 5 — an ERPO or “red flag” law — on Tuesday, New Mexico Governor Michelle Lujan Grisham claimed that “this law is sensible and balanced. It is a good public safety measure. If it saves even one life, and it will, we will have done good work here.”

Not if those good intentions violate the U.S. Constitution, say the sheriffs she is counting on to enforce it. Sheriff of Cibola County Tony Mace is also chairman of the New Mexico Sheriffs Association. In a public statement, he made it clear that sheriffs don’t work for the state, the governor, or the legislature: “The sheriff is elected by the people within a sovereign state and county to protect and serve all people within the county.… [He] swears a solemn oath to uphold the Constitution of the United States as well as the Constitution and laws of the state of New Mexico, in that order of precedence.”

And he and his association think that the red flag law doesn’t conform to either constitution:

Modern “Red Flag Laws” deny responsible gun owners notice or a chance to defend themselves against an initial confiscation order….

 

Citizens have a right to bear arms and we cannot circumvent that right when they have not even committed a crime or even been accused of committing one. “Shall not be infringed” is a very clear and concise component of an Amendment that our forefathers felt was important enough to be recognized immediately following freedom of speech and religion.

 

We sheriffs have sworn to uphold those and other God-given rights for our citizens at all costs.

In response, Governor Lujan Grisham told reporters that the sheriffs “cannot not enforce. And if they really intend to do that, they should resign as a law enforcement officer and leader in that community.”

Lea County Sheriff Corey Helton is one of dozens of sheriffs who have signed a resolution drafted by the Constitutional Sheriffs and Peace Officers Association. Regarding the newly minted red flag law, he said, “I’m proud to say I’m a constitutional sheriff and I’m just not going to enforce an unconstitutional law. My oath prevents me from doing that.”

That resolution holds that

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Virginia House Passes Bill Banning Possession of AR-15 Style Semi-automatic Rifles

This article appeared online at TheNewAmerican.com on Wednesday, February 12, 2020:

In a rush to beat a Tuesday deadline, the Virginia House Democrats passed a bill banning possession of “assault”-style weapons by innocent Virginians, including the popular AR-15 style semi-automatic rifle.

The bill also makes it a felony (punishable by up to five years in jail) to import, sell, transfer, manufacture, purchase, possess, or transport “large capacity magazines, silencers, and trigger activators [bump stocks].” In addition, the bill also forbids any formerly law-abiding Virginian from carrying a shotgun with a “magazine that will hold more than seven rounds of the longest ammunition.”

It further infringes on rights of Virginians by requiring formerly law-abiding citizens owning the soon-to-be outlawed firearms to obtain a permit to possess them “in accordance with procedures established in the bill.”

The bill now moves to the Democrat-controlled Senate, where passage is expected.

Democrats used the mass shooting that took place in Virginia Beach in May 2019 as cover for their egregious infringements of the Second Amendment. Missing from any of the arguments supporting the bill was

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How Will Virginia Enforce Its New Unconstitutional Gun Laws?

This article was published by The McAlvany Intelligence Advisor on Wednesday, February 5, 2020: 

Now that the newly compliant Democrat-controlled legislature in Richmond, Virginia has passed most of Democrat Governor Ralph Northam’s gun controls, he faces the next challenge: how to enforce them.

He says he’s up to the challenge.

Following the Democrat Party’s takeover of both houses in Virginia last November, the party gained control of both the legislature and the governor’s mansion for the first time in a generation. Gun owners awakened, saw what was coming and pressured nearly all of the state’s counties and many of its cities to pass “Second Amendment sanctuary” resolutions. These were passed to protest the coming abrogation of their rights by politicians in Richmond, the state’s capitol.

The governor’s spokeswoman Alena Yarmosky, referring specifically to one of those bills (making it a felony for a gun owner to “recklessly leave a loaded, unsecured firearm” in a way that endangers a minor) said “This bill will keep children safe from loaded, unsecured firearms.” She added that this “is something that everyone … should support.”

But what if they don’t? Will those resolutions keep Governor Ralph Northam from enforcing them anyway?

When he was asked, Northam said they will be enforced, and any law enforcement officer, including county sheriffs, who doesn’t will face “consequences”:

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How Will Virginia’s New Gun-control Laws Be Enforced?

This article appeared online at TheNewAmerican.com on Tuesday, February 4, 2020: 

Following the Democrat Party’s takeover of both houses in Virginia last November, the party gained control of both the Legislature and the Governor’s Mansion for the first time in a generation. Gun owners awakened, saw what was coming, and pressured nearly all of the state’s counties and many of its cities to pass “Second Amendment sanctuary” resolutions. These were passed to protest the coming abrogation of their rights by politicians in Richmond, the state’s capitol.

When speaking about a bill that would make it a felony for a gun owner to “recklessly leave a loaded, unsecured firearm” in a way that endangers a minor, Virginia Governor Ralph Northam’s spokeswoman Alena Yarmosky said, “This bill will keep children safe from loaded, unsecured firearms.” She added that the bill “is something that everyone … should support.”

But what if everyone doesn’t support the bill, or any of the new gun-control legislation? Will those Second Amendment sanctuary resolutions keep Governor Northam from enforcing them anyway?

When he was asked, Northam said the new gun-control measures will be enforced, and any law-enforcement officer, including county sheriffs, who doesn’t enforce them will face “consequences”:

Keep reading…

Backdoor Attack on Second Amendment Through Credit Card Transactions

This article appeared online at TheNewAmerican.com on Monday, January 27, 2020: 

Representative Jennifer Wexton (D-Va.) has devised another way to attack the rights of law-abiding gun owners: tracking their purchases of firearms using credit cards.

The core of her bill (H.R. 5132, the Gun Violence Prevention Through Financial Intelligence Act) seems, on the surface, innocuous enough:

To request information for financial institutions for the purpose of developing an advisory about the identification and reporting of suspicious activity … relating to how homegrown violent extremists and perpetrators of domestic terrorism procure firearms … for the purpose of carrying out “lone actor” or “lone wolf” acts of terror within the United States.

Said Wexton when introducing her bill:

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The Real Reactionaries Are Anti-gun Politicians Who Seek to Punish Law-abiding Citizens for Criminals’ Lawlessness

This article was published by The McAlvany Intelligence Advisor on Monday, January 27,  2020: 

“If a crime involves the use of a firearm, it must be the firearm’s fault” is almost the automatic reaction of anti-gun politicians plagued by crime in their jurisdictions. Since guns were involved in all three of the shootings that occurred in Seattle, Washington last week, politicians are threatening to infringe further on law-abiding gun owners’ precious rights in retaliation.

Following the third shooting in Seattle in as many days, Mayor Jenny Durkan said “We will not allow this to be the new normal. We know gun violence is preventable and are taking urgent action.”

A similar statement was issued by Congressional Representative Democrat Pramila Jayapal, who pointed to the need for stronger gun controls.

The shooting Wednesday night in front of a McDonald’s located in Seattle’s high crime area was gang-related. One of the three thugs was wounded while the other two bolted but were later apprehended by police. Seven bystanders caught in the crossfire following an argument were either killed or wounded.

The thug who was wounded, 21-year-old Jamel Jackson, was booked into jail for unlawful possession of a firearm following being treated at a local hospital. The other two who bolted from the scene

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Seattle Politicos Call for More Gun Control Following Third Shooting in Three Days

This article appeared online at TheNewAmerican.com on Friday, January 24, 2020: 

Following the third shooting in Seattle in as many days, Mayor Jenny Durkan said on Thursday, “We will not allow this to be the new normal. We know gun violence is preventable and are taking urgent action.”

A similar statement was issued by Representative Democrat Pramila Jayapal, who pointed to the need for stronger gun control.

The shooting Wednesday night in front of a McDonald’s located in Seattle’s high-crime area was gang-related. One of the three thugs was wounded, while the other two bolted but were later apprehended by police. Seven bystanders caught in the crossfire following an argument were either killed or wounded.

The thug who was wounded, 21-year-old Jamel Jackson, was booked into jail for unlawful possession of a firearm following being treated at a local hospital. The other two who bolted from the scene were captured shortly afterwards. Between the three of them, they have a history of more than 65 arrests for numerous felonies and misdemeanors and yet, despite Seattle’s strict gun controls, they were able to obtain the firearms they used in the gang war.

Marquise Latrelle Tolbert has been arrested 21 times, convicted of three felonies and 12 gross misdemeanors. William Ray Tolliver has been arrested 44 times, convicted of one felony, 18 gross misdemeanors, and one misdemeanor. Both are 24 years old.

Police Chief Carmen Best said the shooting was

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Second Amendment Freedom Fighter Bill Richardson Dead at 92

This article appeared online at TheNewAmerican.com on Tuesday, January 21, 2020: 

Gun Owners of America (GOA) announced the passing of its founder, Hubert Leon “Bill” Richardson, on January 13, calling him a “feisty” Republican from Southern California who challenged the powers that be. Called “Wild Bill” by his friends, Richardson served as a California state senator for 23 years, from 1966 to 1989. He failed in efforts to gain a seat in the U.S. Congress, but left a legacy in how successful political campaigns are run.

Blessed with an effervescent personality and a sense of humor, he galvanized efforts to

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Another Campaign Promise Fulfilled: Marines Now Allowed to Carry Concealed on Base

This article was published by TheNewAmerican.com on Friday, January 3, 2020:

On the day he was inaugurated, President Donald Trump made a number of promises, including this one: “[I will] get rid of gun-free zones on schools and on military bases.” It took three years and two attacks on military bases in December to get Lieutenant General G. W. Smith, deputy commandant for plans, policies and operations, to implement Trump’s promises.

Smith’s memorandum, signed on December 31, reads:

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Pa. Attorney General Declares “Receivers” Are Now “Firearms” Under State Law

This article appeared online at TheNewAmerican.com on Tuesday, December 24, 2019:  

Just days after Pennsylvania Attorney General Josh Shapiro issued his “legal opinion” that “receivers” — the part of a firearm that contains the trigger mechanism — are now to be treated as complete firearms by the Pennsylvania State Police, the Firearms Policy Coalition (FPC) filed suit. The group claimed that Shapiro stepped outside his legal authority:

Rule by executive fiat was rejected by the 13 American Colonies, including Pennsylvania, when they declared independence from England, and we reject such lawlessness today. The attorney general’s revisionist legal opinion adds an entire class of inanimate objects to the definition of “firearm” under Pennsylvania law that the General Assembly never considered, nor intended.

Federal law holds that receivers may be bought and sold (as well as created at home using 3-D printing technology) without federal notice as long as they aren’t completely operable. Referred to as “80 percent receivers,” they can be purchased and then finished at home without having to put a serial number on them or otherwise notify the government.

But, according to Pennsylvania Governor Tom Wolf, this is a federal “loophole” that he hopes the expanded opinion from his attorney general will plug:

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Many of the articles on Light from the Right first appeared on either The New American or the McAlvany Intelligence Advisor.
Copyright © 2020 Bob Adelmann