Tag: Mark W. Smith

Deadbeat DOJ

It reminds me of the DOJ snot who coined the term me ‘n the boys proudly embrace:

In short, there is a tangled web of connections between a small cadre of firearms activists and their efforts to recover fees through largely unsuccessful FOIA litigation.

Yeah, that’s why we do it.

It also brings up a suggestion I’ve been making of late:

Imagine now the Department of Justice under an actual Second Amendment advocate, and what it could do fighting infringements and prohibitionist lawfare waged by states with unlimited tax war chests in tandem with Astroturf prohibitionist groups funded by antigun elites. Right now, the costs to defend against these innumerable assaults on all levels are borne by gun rights groups and members of mostly modest means who can only support a fraction of what is needed. That equation could be turned on its head.

[Via Herschel]

Request to Expedite

The 2A Attorneys in Gray v. Jennings Delaware “assault weapon” ban litigation have filed a submission to SCOTUS as the three AR-15/Magazine ban cases continue their move through the Court’s consideration process. Mark Smith Four Boxes Diner discusses. [Watch]

That’s a counterpoint to this.

January sounds like the month we’ll learn either way if this and related cases will be considered/consolidated or punted again.

[Via Jess]

It Depends Upon What the Meaning of ‘Shall Not Be’ Is

The petition for a writ of certiorari should be denied. [More]

The state that inflicted Joe Biden onto the political scene says banning semiautomatic rifles and magazines doesn’t infringe on the right of the people to keep and bear arms.

Mark W. Smith ties it in with related cases SCOTUS is considering. And I continue to be suspicious of relying on “common use.”

[Via Jess]

Send in the Clowns

Accordingly, “Miller stood for the proposition ‘that the Second Amendment does not protect those weapons not typically possessed by law-abiding citizens for lawful purposes, such as 3 short-barreled shotguns’ [More]

That’s not what Miller said at all.

He’s not through with the clown act:

While a silencer may be a firearm accessory, it is not a “bearable arm” that is capable of casting a bullet.

Neither was my “machinegun,” or “high capacity” magazines, or braces, or 80% receivers, or…

And again, “common use” is proving to be a trap.

It’s way past time to pasture this senile old “Reagan Republican.“

Mark W. Smith analyzes.

[Via Jess]

The Heckler’s Veto

It’s literally 99.9999 or something like that of the AR-15s in America will have no connection to a murder in any given year, in other words well over 99.9 % of the AR-15s in the United States will have no connection to criminality in the United States in any given year, so if you’re going to have the government ban the 99.99% of the AR-15s in the United States because of a few hundred bad apples misbehaving with AR-15s you have engaged in a violation of our constitutional rights known as the Heckler veto… [Watch]

Good points. It sounds like you could make a good case that of all the people who heard Donald Trump speak on Jan. 6, only a handful ignored his call to be peaceful and got rowdy to the point of striking out at others, and that shouldn’t abridge his First Amendment-protected rights.

As an aside, I know speaking is different thatn writing in terms of not being able to go back and edit remarks before they’re released, but I hope in the future he’s mindful to say “killed with” more and “killed by” less.

[Via Jess]

It Depends Upon What the Meaning of the Term ‘Hostile Invader’ Is

ANCHOR BABIES AWAY: SCOTUS can Fix Illegal Immigration [Watch]

I’d love for this to be the correct interpretation. I fear that the argument will be made that it doesn’t apply because the incursion is not military in nature, and will thus be narrowly defined, like “treason,” to require a beligerrent enemy with whom we are at war.

[Via Jess]

Doomsday Scenario

That’s because “2020 Census Overcounted Democratic States, Undercounted GOP States.”

In a nutshell, the 2020 Census Post Enumeration Survey shows they f’d it up, giving “Blue” Colorado, Rhode Island, and Minnesota one undeserved electoral vote each, and taking one away from Texas, and one, arguably two away from Florida.

It’s hard to believe that was just a “screw up,” especially considering who appointed the Census Bureau director. It’s also hard to believe House Republican lawmakers haven’t been loudly leading the charge to fix this, and that we’re just hearing about this the day before the election.

[Via Jess]

One Hell of a Way to Run a Republic

…we’re likely going to lose it because we’re in the US Court of Appeals for the Second Circuit but a strong showing for the Second Amendment in this case and I think it’s going to give rise to good stuff… before the United States Supreme Court in the Snope-Bianchi case hopefully coming out this spring… [Watch]

So, in order to get over the wall we need to climb over the bodies of our fallen…

[Via Jess]

Wait for It

Whether we’re talking about 2 minutes to register to vote or 10 or more minutes or even 30 minutes to vote these are a drop in the bucket compared to the months and months and months that some Americans in anti-gun jurisdictions have to wait to be able to get their carry permit to exercise their Second Amendment right… [Watch]

I’ve never applied for one so I wouldn’t know.

Hey, if it only takes two minutes to register, what’s all the phony brouhaha about disenfranchising voters because it’s too hard to prove eligibility?

[Via Jess]

An Age-Old Question

The US Court of Appeals for the Fifth Circuit heard oral argument today in the Reese v. ATF lawsuit involving a federal gun control law preventing young adults from purchasing handguns from FFLs. [Watch]

The ultimate absurdity is young adults being old enough to vote for the government to tell them they’re not old enough to own guns.

[Via Jess]

A Numbers Game

We have breaking news. We now know the firearm, according to reports, that was used by the anti-Trump guy who tried to assassinate President Trump on Sunday, that apparently the serial number has been obliterated or partially obliterated. Now this is a big deal because it’s going to play a role in the October 8th oral argument in the Vanderstok case before the US Supreme Court, so let’s connect some dots. [Watch]

If he was a prohibited person, a serial number wouldn’t trace to him anyway.

Don’t expect the Democrat DOJ, politicians, and DSM to acknowledge that when they have an opportunity to spook the herd and guin up hysteria.

He also make a good point about including such information on 4473s that the BIDS system exposes. The antis lie about why they want “background checks,” too.

[Via Jess]

We’re the Only Ones Normal Enough

Defendant Hines … did not mention that Plaintiff’s mother had initiated the encounter by calling emergency services to express concern about a trespasser… and he stated—incorrectly—that Plaintiff had been charged with aggravated assault… Finally, he wrote that Plaintiff complied with the officers’ commands and told officers he had been afraid for the safety of his grandmother (apparently an erroneous reference to Plaintiff’s mother) [More]

And a “trained professional” being sloppily incompetent and incapable of filing an accurate police report is enough to disarm a citizen…?

Normal PD, eh? Where the chief can have a gun in his carry-on with no consequences?

Four Boxes Diner breaks the case down.

[Via Jess]

BATFE Slapping

Today, attorneys for Firearms Policy Coalition (FPC) filed a merits-stage Respondents’ brief with the United States Supreme Court in FPC’s Garland v. VanDerStok lawsuit challenging ATF’s “Definition of ‘Frame or Receiver’ and Identification of Firearms” Rule. FPC’s brief, available at FPCLaw.org, explains why the government’s Rule cannot survive scrutiny and must fail. [More]

Here it is…

Mark W. Smith of The Four Boxes Diner breaks it down for us.

[Via Jess]

Setting Precedent

Specifically, I’m going to explain how the legal theories they are advancing before the United States Supreme Court in the VanDerStok case dealing with quote unquote ghost guns, which are unserialized firearms and gun gun parts. how theATF’s position with the Biden/Harris Administrations arguments are exactly that they’re setting the precedent for declaring that AR-15s are machine guns and can be banned because they cannot be added to the NFA register… [Watch]

Exactly what some of us have been arguing the bump stock ban opened the door for, which makes it curious that he’s one of the ones arguing — without contemporaneous documentation — that Trump’s ban was a brilliant 3D chess move.

[Via Jess]

Anybody Smell Gas…?

Strategic Retreats for Long-Term Gains:
Smith compared the temporary concessions in the gun rights battle to strategic retreats in warfare. For instance, the controversial bump stock ban by Trump was a tactical move to prevent a broader legislative redefinition of machine guns, which could have had far-reaching negative consequences for gun owners. [More]

Prove that’s what he did. Show us the contemporaneous evidence he was giving a master class in 3D chess, that was always his intent, and he could predict the outcome so it was OK to put so many at risk without their knowledge or consent.

As for “gunfluencer” Rittenhouse…

It’s Not Like It Says ‘Shall Not Be Infringed’ or Anything…

Third Circuit Affirms Denial of Preliminary Injunction in NRA-ILA-Supported Challenge to Delaware’s ban on “assault weapons” and “large-capacity magazines.” [More]

Here’s their weasel-wording to justify tyranny.

Mark W. Smith navigates the fabricated complexities.

[Via Jess]

While the Iron is Hot

Major breaking news: Attorney General Merrick Garland and his solicitor general are trying to strike while the iron is hot, so they think. They have just requested of the United States Supreme Court that the court take a series … of cases involving Second Amendment challenges … basically trying to take advantage of what they think is a huge win for them in the Rahimi case… [Watch]

It was a huge win. It showed just how malleable all the “good” Bruen judges, with the exception of Clarence Thomas, are.

And like all jackals, emboldened when they sense weakness, they move the circle in to attack.

[Via Jess]

3D Bump Chess?

Very important to understand that strategic decision by Donald Trump and the NRA to basically sign off if you will on doing a bump stock ban through executive order, I didn’t like it, I was not happy about it, but I understood the strategy sometimes one has to lose battles to win the war, that is how the real world works… [Watch]

Really? A plan comes together? That’s what you’re going with?

So, I guess, “Take the guns first, due process later” was another genius move they just couldn’t tell us about?

And envisioning Inspector Clouseau pretending his screwup was intentional to save face is just me not being smart enough to understand what the grownups are doing?

[Via Jess]

An Open Book

Israel Disarmed: What the October 7 Attack Teaches Americans About the Right to Bear Arms [More]

I haven’t read it but I agree with him on a lot, so it’ll no doubt be worth it.

Here’s a little experiment you can do for yourself: Check your local library and the larger system it is part of, and see if it stocks items by authors who are advancing Second Amendment information, as opposed to hosting drag queen story hours and screaming about right wing censorship of groomer lit.

Seeing as how these hotbeds of Marxism are wholly funded by tax plunder and the chances of shuttering them are nil, I’m wondering if there’s a good first step legislative remedy against such discrimination that’s feasible.

[Via Jess]

Save It for the Judge

Trump classified docs judge expands hearing to consider ‘unlawful’ appointment of special counsel Jack Smith – Judge Aileen Cannon will allow amici to make arguments [More]

You’d better believe she’s a target and the Democrats are furiously digging for something … anything to destroy her with.

Catty CNN is planting the “incompetence” seed.

I’ll take Mark W. Smith’s read on this over Tierney Sneed’s and Hannah Rabinowitz’s, any day…

[Via Jess]

Common Cause

Let me also respond to your “in common use” argument. There is no “in common use” tradition. [More]

I agree:

The Second Amendment does not say “the right of the people to keep and bear arms in common use at the time shall not be infringed.” If it had, the Anti-Federalists would have told the Framers to go to hell.

Then there’s this:

Dangerous and Unusual? It’s a lie and does not exist. [More]

And again…

Interesting reading that also links to “The Historical Tradition and Analogue Lie in Bruen“…

As for this charge, I’d need to see links, specifics and context. What citizen disarmament edicts has Mark W. Smith endorsed? My biggest disgreement with him — and other prominent 2A attorneys — so far has been when they say stuff like ATF doesn’t have the authority but Congress does. Huge deferring to stare decisis vs. “shall not be infringed” hole, that one, but even there that doesn’t mean he’d be for a ban, and for the most part I think he’s been among the best, especially with his insights into SCOTUS.

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