Tag: 2nd Amendment

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crime and punishment defense & war Second Amendment rights

Brace Yourself & Your Gun

gun, gun brace, 2nd Amendment, gun rights, gun control

Many foes of Second Amendment rights want to outlaw guns for everybody except military, police, Secret Service, sundry federal agencies, and bodyguards for left-​leaning celebrities.

Since this isn’t politically feasible given at least intermittent legislative and judicial support for the right to bear arms, anti-​gunners often pursue various piecemeal bans. The hope is that these will add up to an overall prohibition. Or at least provide an excuse to go after any particular gun owner for neglecting to comply with some subsidiary prohibition.

The anti-​gun forces seemed to have been having some success with an outlawing of “stabilizing braces” on short-​barreled rifles. A voluminous ATF rule sought to partially or wholly ban these braces — basically an added pistol grip —  even though the same agency had earlier said such braces were okay. 

And why wouldn’t it be okay to have a pistol brace if it’s okay to have a thing that shoots bullets?

Maybe the idea is that if you’re in a situation where you have to fight for your life using a gun, and a brace would help, trying to survive is okay, sure, but you shouldn’t have too much of a chance to survive. A stabilizing brace might give you an unfair edge? I’m guessing.

In mid-​June, the Northern District of Texas tossed this ATF gun-​brace-​ban rule. Which, according to Judge Reed O’Connor’s decision in the case, Mock v. Garland, is “arbitrary and capricious.” As Shooting News Weekly puts it, “Oof.”

Unlike the similar looking (at least to me) “bump stock,” braces do not change the mechanism of firing. And bump stocks were overturned by the U.S. Supreme Court about the same time. While stabilizing braces seem here to stay, a decision by the Supreme Court may still be required.

This is Common Sense. I’m Paul Jacob.

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defense & war general freedom Second Amendment rights

Of 15s and the Man

“The tree of liberty must be refreshed from time to time,” Thomas Jefferson wrote in 1787 regarding Shays’ Rebellion, “with the blood of patriots and tyrants.”

Earlier this week, “in a mocking tone,” reports The New York Post, President Joe Biden asked, “How much have you heard this phrase, ‘the blood of liberty … washes those’” — before exclaiming, “Give me a break!”

Biden continued, “No, I mean it. Seriously. And, by the way, if they want to think they can take out government if we get out of line, which they are talking again about, well guess what, they need F‑15s.”

Hmmm. Our commander-​in-​chief has obviously contemplated whether or not ‘We, the People’ are capable of replacing or “tak[ing] out” the current regime, should Mr. Biden and his administration “get out of line.”

He doesn’t think we can do it.

Because Joe has F‑15s at his disposal and … well, we do not.

As with many issues, however, our president is sorely mistaken. You see, unlike the citizenry of most countries, Americans united have a firepower advantage over our government. That is the way it should be — how, with the Second Amendment, our founders designed the system.

The truth is, the president’s F‑15s cannot strafe us into submission. Nor will his bombers and nuclear weapons. Provided modern-​day patriots have the AR-​15 — today’s musket — and sufficient numerical support among 300-​million-​plus American citizens, the people could and would defeat any president’s high-​tech weaponry.

Without a fight if the president has any sense, citizen control of government prevails.

And there is also November. It’s an imperfect world.

This is Common Sense. I’m Paul Jacob.

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A Gun with His Name On It

Trump, Glock, self defense, 2nd Amendment

An “X” post by a Trump spokesperson implicated the former president in a crime.

What followed implicates the U.S. Government in something far worse.

But first, to clarify:

  1. By “X” I mean “Twitter.” Remember, Elon Musk changed the name of his social media company.
  2. By “Trump” I mean, of course, Donald John Trump, former president of the United States running the same office, a man surrounded by armed guards at all times.
  3. By “crime” I mean an infraction of federal law, not a willful abuse of someone’s rights at common law. 
  4. The crime in question is the act of receiving “any firearm or ammunition which has been shipped or transported in interstate or foreign commerce” by a person “under indictment … a crime punishable by imprisonment for a term exceeding one year.” Trump’s been indicted quite a number of times, recently, and therefore isn’t legally allowed to buy a gun.

The initial tweet said Trump admired a Glock that had his name stamped on it. It was the “Donald Trump edition,” gold-​colored, retailing for under a thousand bucks. Trump’s on video saying he wants one of these handguns.

When X went all a‑twitter with the implications, spokesman Steven Cheung took down his post and the campaign issued a corrective: “President Trump did not purchase or take possession of the firearm. He simply indicated that he wanted one.” 

This is all explained by Jacob Sullum at Reason, who goes on to indicate that the law makes no real sense. The obvious absurdity of not allowing a well-​guarded presidential candidate to guard himself with gun of any kind, that’s one thing. Flouting the Second Amendment by prohibiting the innocent, i.e. not yet proven guilty, from bearing arms, looks far worse — a policy of rights suppression.

This is Common Sense. I’m Paul Jacob.

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Corrigendum notice: a correction was made late on the date of publication [Trump is not a “Jr.,” as originally stated].

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Concealed Carry and the Careful Criminal

prison, TLC, 2nd Amendment

Crime is the most basic of problems. But across the political spectrum we see different strategies. 

On the right, the go-​to solution has always been to ramp up policing, to make the basic function of the state — crime-​fighting — stronger and more effective. 

On the left, a leading idea has been to disarm the populace so people cannot do as much harm, and also to “rehabilitate” troubled folks with government TLC.

I grew up in the ’70s, when the failures of benevolent leftism (which we called “liberalism”) were becoming clear. So there was a reaction: Lock more people up.

That reaction fizzled in recent years, and, perhaps not wholly coincidentally, crime on a city-​by-​city case, as well as nationally, has increased. 

Nevertheless, during this period another policy has gained a huge momentum: instead of disarming the populace, arm them!

How’s that going? The most recent case study is in Maine, which in 2015 allowed permit-​less concealed carry of firearms.

“While rates of violent crime increased nationally from 2015 to 2020,” writes Steve Robinson in “Maine Crime Fell Following 2015 Repeal of Gun Control Law” (MaineWire, December 29, 2022), “the rate of violent crime in Maine fell steadily beginning in 2015, after a slight increase from 2014 to 2015, according to data collected by the FBI’s Uniform Crime Reporting Program.”

Robinson notes that while the Maine experience doesn’t prove that “an armed society is a polite society,” it falsifies, quite clearly, the catastrophic predictions made by gun control advocates back in 2015.

I hazard it does much more. It shows that distributed power (in this case, firepower and defensive capacity) in the peaceful population is a separate, non-​left/​non-​right solution to the age-​old problem of crime.

This is Common Sense. I’m Paul Jacob.

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general freedom Second Amendment rights too much government

The Gun-​Toting Ruling Class

elites

How to tell if you are part of the favored ruling class? If it is easy for you, but not most others, to obtain a concealed carry permit in your gun-​controlling state.

It’s extremely difficult to carry firearms for protection in states like Illinois, California, New Jersey and New York — except for certain Very Special Persons — rich enough or connected enough for special treatment.

Thankfully, the judicial system — which has the benefit of various guiding principles from a long-​gone time when the rulers wore red coats — is disallowing some of the nonsense.

Still, it’s a struggle to “de-​class-​ify” Second Amendment rights — that is, take gun rights from being a class issue favoring the rich and famous and allowing all peaceful citizens legal access to firearms.

“Two weeks ago, a federal judge issued a temporary restraining order against many of the restrictions on public possession of guns that New York imposed after the Supreme Court upheld the right to bear arms last June,” writes Jacob Sullum in Reason. “Unfazed by that warning, New Jersey legislators this week advanced a strikingly similar bill that includes a subjective standard for issuing carry permits and sweeping, location-​specific restrictions that make it legally perilous even for permit holders to leave home with guns.”

Politicians in these blue states remain resolute: they aim to unconstitutionally restrict access to guns. They strongly resist the current individualistic (as opposed to class-​based) trend in judicial interpretation of the Second Amendment. 

Their idea seems to be: guns for us, but not for them.

And we’re the Them.

This is Common Sense. I’m Paul Jacob.

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crime and punishment general freedom national politics & policies Second Amendment rights

The Indicted Have Gun Rights

self defense, gun rights, gun control, 2nd Amendment

The idea that those who are indicted for a serious crime may not buy a gun, is, I think, what many in America might think of as “common sense gun control.”

But it isn’t, for it rubs against the grain of the American legal tradition.

The pseudo-​commonsense view appears nonsensical when boldly defended by the U.S. attorney’s office, which, The Texas Tribune informs us, argued that a “law to prohibit those under felony indictment from obtaining guns does not interfere with the Second Amendment ‘because it does not disarm felony indictees who already had guns and does not prohibit possession or public carry.’”

That argument boils down to this: if you retain some relevant gun rights, others may be taken away. 

Compare it to free speech: if the government allows you to talk freely with your family, its regulation of your conversations with neighbors is hunky-dory!

“The Second Amendment has always allowed laws restricting the gun rights of groups viewed by legislatures as posing a public-​safety risk,” the prosecution elucidated, “including those accused but not convicted of wrongdoing.”

But U.S. District Judge David Counts, introduced in every account of this I’ve read so far as “appointed by former President Donald Trump” — so that must be important, eh? — denies this. He found no historical precedent for disallowing the accused and indicted from buying firearms.

Therefore, based on the recent Supreme Court decision,* Judge Countssays the government has no case. It’s still innocent until proven guilty.

That is, governments may not “take away” our rights until convicted of a specific crime, punishment for which is loss of liberty.

This is Common Sense. I’m Paul Jacob.

* That U.S. Supreme Court case is New York State Rifle & Pistol Assoc. v. Bruen.

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