Category: Second Amendment

A Noted Constitutional Scholar

The second amendment is a collective, not an individual right. Hamilton knew this (see Federalist paper 29) as did the courts for several hundred years. The modern version of the second amendment only exists because of decades of work by the gun lobby to change what 2A meant. [More]

Sure, Hamilton knew people had trades to ply, farms to tend, shops to keep, and to earn the status of “well regulated” and be able to compete with a professional army “would be injurious” due to the time commitment required. Here’s what he thought we should do about that:

“Little more can reasonably be aimed at, with respect to the people at large than to have them properly armed and equipped.”

Then they’d bring their weapons of war and muster once or twice a year to practice drill.

“You can disagree with this all you want. I’m entitled to my own opinion as are you,” he asserts in a later tweet.

“You are entitled to your opinion,” Daniel Patrick Moynihan (and no friend of 2A) famously said. “But you are not entitled to your own facts.”

Being ignorant is bad enough. Being arrogant about it is a real stool sample move.

[Via Jess]

A Multipronged Attack

On September 7, 2022, the National Foundation for Gun Rights filed five new lawsuits in four federal court circuits to eliminate unconstitutional magazine and gun bans everywhere! Combined with our lawsuits in Colorado these represent nearly half of the country. This nationwide legal blitz aims to take out every single ban on semi-automatic weapons and standard capacity magazines for good. [More]

I’d feel better about these if the lawsuits included acknowledgment of core purpose and that the function of the Militia, defined as “all males physically capable of acting in concert for the common defense [and] bearing arms supplied by themselves and of the kind in common use at the time,” was — and still is — to field citizen soldiers. These citizens bore arms that were suitable for that purpose, “ordinary military equipment” intended to be taken into “common defense” battles.

That said, isn’t it time for SAF to make peace with Dudley?

[Via Jess]

I Wonder How [Insert Grabber Name Here] Would Have Fared

He was able to pull out his firearm and shoot the suspect four times in the chest… Mendez is now speaking out about the importance of the Second Amendment and how law-abiding, armed Americans can help end shootings before they claim more lives.  [More]

I’d argue with limiting positive outcomes exclusively to the “law-abiding,” but otherwise, yeah.

[Via Robert J]

Overlooking Two Essentials

New York State Rifle and Pistol Association v. Bruen: Originalism and the Relevance of Common Law and Reconstruction-Era Restrictions on Exercise of a Right [More]

David T. Hardy’s new law review manuscript is online. He concludes the majority made some shaky assumptions, too.

I’ve got some reading to do. Looks like no “Dancing with the Stars” for me tonight…

Could’a Been a Contender

In this video I discuss two important Second Amendment case that are up for Supreme Court consideration next term which could help stop the ATF’s current actions. [Watch]

All SCOTUS needs to do to allow ATF to continue usurping legislative authority is…nothing.

Then, of course, the case could be made that any legislative authority contradicting “shall not be infringed” is a usurpation in itself.

[Via Jess]

Render Unto Seizure

More than 15K “red flag” gun seizures since 2020, but AP claims the law is “barely used” [More]

Speaking of “barely used,” how about the presumption of innocence until proven guilty?

And as long as we’re talking “woefully low” and “too small a pebble to make a ripple,” I wonder if anyone has compiled verifiable figures proving a documented number of saved lives attributable to “red flag” confiscations.

[Via Jess]

The Wait is Over?

… Commonwealth Court Judge Patricia McCullough issued a preliminary injunction against the Pennsylvania State Police in Firearm Owners Against Crime – Institute for Legal, Legislative and Educational Action, et al. v. PSP Commissioner Evanchick, in relation to its non-compliance with 18 Pa.C.S. 6111.1, by failing to provide instantaneous or otherwise immediate responses to firearm background checks. [More]

Guy looks like more than his hat is too tight…

You gotta wonder what kind of monkey wrenches the state will try to throw into the works before September 12 and what kind of surprises they have planned for after…

All Writs Now, Baby, It’s All Writs Now

Attorneys representing the Second Amendment Foundation and its partners in the case of Jones v. Bonta, challenging a California law restricting the rights of young adults to purchase long guns, are asking the Ninth U.S. Circuit Court of Appeals for an “All Writ” enjoining the state from enforcing a new state law that penalizes plaintiffs in cases contesting state gun laws. [More]

Why should arrogant tyrants who ignore the Second Amendment with impunity have any respect for the First?

Gunmakers Could Take a Stand & Stop Arming the Disarmers

It’s past time gun manufacturers stopped acting like neutral parties, willing to reap the benefits of RKBA activism as long as they don’t have to take a stand. It’s not inappropriate to publicly ask those companies what their position is, and to favor and patronize those that stand with American gun owners (and publicize those who won’t).  [More]

Or our “gun rights leaders” could just do nothing and continue turning a blind eye…

But Wait! There’s More!

I think my prototype needs some work. Perhaps add a shoelace…?

Due to the upcoming Amnesty Registration of Pistol Brace weapons, photos of the weapon being registered will be required to prove the weapon does utilize a pistol brace in its configuration and would qualify for an amnesty registration. [More]

And if you act now…

I’m kinda leaning this way…

How do you copyright an OMB report…?

[Via Bluesgal]

Temporary Relief

U.S. District Judge Charlotte Sweeney, a Biden appointee, issued a temporary restraining order (TRO) on Tuesday against Boulder County. It stops enforcement of the county’s ban on the manufacture and sale of assault weapons, which include the popular AR-15, and ammunition magazines capable of holding more than ten rounds. [More]

So what’s it take to get a PRO?

[Via Jess]