Tag: 2nd Amendment

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Second Amendment rights

Gun Grabbing G‑Men

red flag, gun control, 2nd Amendment, FBI

The FBI itches to take away your guns.

Or at least some people’s guns. That’s what recent revelations indicate, anyway.

What happened is that FBI agents got at least 15 people — it could be many more — to sign away their rights to obtain and possess firearms. Specifically, we read at The Epoch Times, “FBI officials had Americans fill out a form that said they want the FBI to make it illegal for them to purchase or own guns forever because of a mental health condition.”

Yes, it’s a strange case. 

“We’ve learned the FBI had no business disarming these individuals. They did not pose a threat to society. The FBI actions were wholly unlawful,” explained Aidan Johnston, president of a national firearms rights group, Gun Owners of America. GOA demands that “the FBI remove the records from the background check database by Oct. 8 and that Congress enforce the removals.”

This is all about Red Flag laws and similar legislation, such as the “federal law [prohibiting] shipping, transporting, receiving, or possessing any firearm or ammunition” by anyone who has been “adjudicated as a mental defective” or “committed to a mental institution.” But these people were not adjudicated on any status like that. Somehow the FBI pressured them to “give up their rights” — which technically cannot be done. 

But can be, in practice.

I said it was a strange case. Senator Rand Paul (Ky‑R) highlighted the strangeness on Fox News, noting the legal puzzle of “how someone that’s mentally incompetent to own a gun could be competent to sign away their gun rights.”

More reasons to distrust the Federal Bureau of Investigation.

This is Common Sense. I’m Paul Jacob.

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crime and punishment general freedom Second Amendment rights

Cannabis and Carry

guns, gun control, marijuana

The Biden Administration wants to make sure that marijuana users do not own guns. 

Florida Commissioner of Agriculture Nikki Fried, a Democrat, is not with the administration on this matter. Her department oversees concealed carry permits as well as some cannabis regulation, and she “argues that prohibiting all cannabis consumers from owning guns violates the Second Amendment” as well as violating “a congressional spending rider, known as the Rohrabacher-​Farr Amendment, that bars the Justice Department from interfering with the implementation of state medical marijuana laws,” explains Jacob Sullum for Reason magazine. Fried has sued the federal government to allow Florida to grant concealed carry permits to marijuana users — something the federal government disallows.

The Justice Department has now asked the courts to dismiss the case.

This is especially rich, since President Biden himself has been on the liberal side of marijuana regulation — though certainly not with guns, where he’s on the tyrants’ side.

Among many inconsistencies, current law does not prohibit people addicted to legal psychoactive drugs from owning guns, as Sullum notes, nor make a big deal about alcohol, the abuse of which has a well-​understood linkage with violence, while marijuana does not.

One could go through all the inanities, here, but we should not assume government makes sense on these issues. The federal government should generally not be in the business of regulating either gun ownership or drug usage.

States that recognize “constitutional carry” show how Florida could advance beyond the current mess of too much government interference in this realm. 

It wouldn’t be an issue were Florida to get out of the concealed carry permit racket.

This is Common Sense. I’m Paul Jacob.

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crime and punishment national politics & policies Second Amendment rights

A Mad Cycle

gun free zone, 2nd Amendment, guns, gun control. US Constitution

The cycle runs like this:

  1. Some (usually young) man shoots a number of people in a gun-​free zone;
  2. Media people whip their viewers into a frenzy about the need for “common sense gun control laws” or a complete gun ban;
  3. Politicians scurry to “do something.”

Despite the fact that the Uvalde and Indianapolis mall shootings suggest contrary policies, Congress has just produced a law that actually takes a step … in the wrong direction, adding more penalties, for example, on top of existing penalties for convicted felons caught in possession of firearms.*

“Contrary to what you may have read or heard, the story of how that happened is not an inspiring example of bipartisan cooperation to protect public safety,” writes Jacob Sullum in Reason. “It is a dispiriting illustration of how the worst instincts of both major parties combine to produce policies that are neither just nor sensible.”

The deal gave R’s tougher sentences and D’s more gun control, and “both got to pretend they were doing something to prevent mass shootings.”

Not addressed? The insane policy, originally pushed by one Senator Joe Biden, of “gun-​free zones.” As anyone with common sense knows, bad guys who want to make a statement by killing lots of people, prefer gun-​free zones to other areas.

A more subtle aspect of the cycle is how the topic of gun legislation, as handled by politicians and major media propagandists, itself elicits broken men to break the law and kill, kill, kill.

What if the best way to break the cycle would be to accept the Second Amendment as a given and spurn every demagogue in Congress and the media who persists on defying the Constitution?

This is Common Sense. I’m Paul Jacob.

* Neither the Uvalde nor the Indianapolis shooter were convicted felons.

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Accountability Second Amendment rights

Accidentally on Purpose?

Sacramento, California, guns, permits, privacy

“Just an accident?” 

Maybe. 

But the “accidental” release of the private information of thousands of California gun owners is just the sort of thing that many foes of Second Amendment rights would happily perpetrate.

So we can be forgiven if we harbor doubts.

On June 27, the California Justice Department’s 2022 Firearms Dashboard Portal went live. The publicly accessible files included private details — names, dates of birth, and home addresses — about persons who had applied for concealed carry permits between 2011 and 2022. More than enough information to cause trouble.

The info was removed the next day. Attorney General Rob Bonta said that his office would investigate. 

The California Rifle & Pistol Association is threatening to sue.

If the leak was deliberate, maybe the AG was not responsible even indirectly. Maybe the culprit was some anonymous clerk, akin in spirit to the clerk at the U.S. Supreme Court who leaked Dobbs.

If the leak was a pure accident, though, the degree of carelessness strains credulity. This wasn’t a hack of data that had been poorly encrypted in keeping with modern traditions of lackadaisical security. The data was out in the open for all to see.

But, sure, maybe the exposure was unintentional. Maybe what happened was just some tech guy not knowing what he was doing. And every tester of the system also screwing up. Etc.

Such blunders are not unknown. Government workers have bungled bigly before, serially and in parallel. There are precedents. Yes.

So maybe.

But if government cannot reliably keep private information confidential, then maybe it should not require the logging of such information in the first place. Maybe “concealed carry” should be a right, not a licensed privilege.

This is Common Sense. I’m Paul Jacob.

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Not Tired of Winning

Paul Clement, 2nd Amendment, guns, law

The title of a Wall Street Journal op-​ed by lawyers Paul Clement and Erin Murphy, “The Law Firm That Got Tired of Winning,” is not strictly accurate.

As reported there and in an accompanying Journal editorial (“You Won Your Gun Case. You’re Fired”), the law firm Kirkland & Ellis did tell Clement and Murphy to quit their Second Amendment clients or quit the firm. But not because it was pushed past the edge of exhaustion when these attorneys won a major U.S. Supreme Court decision affirming the Second Amendment right to carry a concealed firearm.

Of course, the op-​ed title is ironic.

We all know that it’s the terror of the vituperative left that’s got Kirkland & Ellis suddenly gun-​rights-​shy and welshing on a prior agreement. In 2016, when the firm recruited Clement, he required as a term of employment that he be able to retain clients involved in Second Amendment litigation.

Clement and Murphy write that it is no novelty for lawyers to represent controversial clients and no virtue to abandon them for light and transient causes. Moreover, the Constitution “isn’t self-​executing”; it depends on lawyers willing to take on controversial cases and judges willing to hear the best arguments for both sides.

So, rather than abandon clients of long standing, they’ve left Kirkland & Ellis.

Kirkland & Ellis has every right to run its affairs this way. But prospective clients should think thrice before entrusting their fate to such a firm.

This is Common Sense. I’m Paul Jacob.

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crime and punishment general freedom Second Amendment rights

Dis-​Armoring the Public

guns, self defense, protection

According to the government of New York State, it should be as easy as possible for a mass shooter to do the job.

No, this is not the stated goal of the “landmark legislative package” signed by Governor Hochul. It is merely what the result will be … to the extent that these new laws further prevent innocent persons from arming and armoring themselves.

You see, determined killers have no qualms about evading gun-​control laws, or much difficulty evading them. In New York, these laws now include a prohibition on selling body armor to anyone not a member of “specified professions” like the military and law enforcement.

Lawmakers and the governor ignore the slew of categories of other people who may have reason to especially protect themselves in public: unpopular people, famous people, wealthy people, people living in crime- or riot-​ridden areas, and nervous people who, in the judgment of somebody else, may be going overboard.

All have a right to protect themselves.

But that’s a right not now defended in New York, whose politicians prefer to enact silly “performative” legislation banning “devices incapable of offensive  use.” New Yorkers are just not supposed to notice that, in preparing to commit their crimes, bad guys do often use many of the same tools used by good guys to defend themselves … or just to eat steak (knives have been used to commit crimes) or go to the store (as cars can kill on purpose as well by accident).

It seems unlikely that governments will one day also restrict sales of steak knives and four-​wheeled vehicles to members of specified blessed professions. But the dictates of mere common sense provide no assurance here.

This is Common Sense. I’m Paul Jacob.

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