Measure-114 in Oregon Screws Over State Police, Gun Shops & Tax Payers

Handgun Pistol Stamp On Text Approved Document iStock-greenleaf123 1187275957
iStock-greenleaf123

[UPDATE 12/01/2022: The Second Amendment Foundation, along with The Firearms Policy Coalition, and several businesses and individuals, has filed suit in Federal Court against the magazine ban section of Ballot Measure 114, which is scheduled to go into effect on December 8. The suit calls for a declaratory judgment and injunctive relief to keep the ban from being enforced.
More information about the suit can be found in articles here on Ammoland.com, here and here.
The NSSF has now filed a suit as well.]

Tombstone, Arizona – -(Ammoland.com)- In the recent midterm elections, Oregonians passed “Measure 114,” an unconstitutional gun control initiative. Continue reading Measure-114 in Oregon Screws Over State Police, Gun Shops & Tax Payers

Toxic Masculinity on Display in Colorado

Tombstone, Arizona – -(Ammoland.com)- A popular Colorado Springs nightclub was the scene of another arrogant display of toxic masculinity this week, as a cisgender, straight, male Army veteran tackled, disarmed, and pistol-whipped a non-binary person half his age. When police arrived, they didn’t shoot the man, who was covered in blood, holding a gun, and sitting on the chest of his victim, instead, they tackled him, put him in handcuffs, and sequestered him in the back of a patrol car for over an hour as they sorted out the situation.

Then they just let him go!

Of course, the man I’m talking about is Richard Fierro who saved countless lives when he ran toward the gunfire and stopped a deranged attacker who had entered the club with a rifle and handgun, firing wildly, killing 5 and wounding some 19 others. Continue reading Toxic Masculinity on Display in Colorado

Why Do Voters Keep Electing Politicians Who Think They are Stupid?

Illegal Votes are far more Dangerous than Illegal Guns
Illegal Votes are far more Dangerous than Illegal Guns

U.S.A. –-(AmmoLand.com)- Politicians in New York, New Jersey, Maryland, Massachusetts, California, Oregon, Washington, Chicago, and elsewhere, keep telling the world that their constituents – the people who elected them – are stupider, less responsible, less rational, less trustworthy, and more prone to violence than the people in other areas of the United States. And the voters in those states and jurisdictions keep reelecting them.

Is that proof that the politicians are right and their constituents are stupider than the rest of us out here in flyover country?

Twenty-five of the fifty states have enacted permitless, Continue reading Why Do Voters Keep Electing Politicians Who Think They are Stupid?

2022 Mid Term Voting Has Begun: What Are You Doing To Defend Your Rights?

Red Wave of the National Rifle Association
iStock

Tombstone, Arizona – -(Ammoland.com)- Election Day for the critical 2022 mid-term elections is November 8, 2022, but Early Voting has already begun in many states. That means that many of your friends and neighbors could be casting their ballots as you read this.

So what have you done, what are you doing, and what are you going to do, to guard and protect your rights in this election? What can you do?

Let’s start with some simple facts: The US operates under a two-party system. While we’d like to see third-party candidates get elected and shake up the status quo, that very rarely happens and requires some very special circumstances. I won’t claim that a vote for a third-party candidate is a “wasted vote,” as some like to say, but Continue reading 2022 Mid Term Voting Has Begun: What Are You Doing To Defend Your Rights?

Elections Are Coming! Time to Crush the Other Side

Voting, Voters
iStock

Tombstone, Arizona – -(Ammoland.com)- Election Day is fast approaching, and as I feared (and as usual), Republicans are doing their best to snatch defeat from the jaws of victory. It’s up to us to try and save them from their own stupidity.

I know there are many Republicans who have proven to be less than supportive of (and sometimes downright hostile to) the battle for our rights. I don’t like it, but we must keep the bigger picture in mind.

We GunVoters must act in our own best interests. Like it or not, we live in a two-party system.

One of those parties has declared all-out war on our rights, while the other has an official policy of supporting our rights. Unfortunately, Continue reading Elections Are Coming! Time to Crush the Other Side

2A Patriots Hold the Line! Don’t Take the Hate Bait

Protest Uprising People Marching Hooded Man Protesting Fist Activism Equal Human Rights Gun Violence iStock-Tero Vesalainen-1124732879.jpg
iStock-Tero Vesalainen

Tombstone, Arizona – -(Ammoland.com)- If you have seen any of President Biden’s recent speeches, especially his dystopian “unity” speech the other night in Philadelphia, you’re probably a bit incensed over the way gun owners and patriots are being portrayed by the President.

That’s the objective: To tick you off, and hopefully motivate some overzealous gun owner, Trump supporter, or patriot, into saying or doing something stupid.

Trolling has always been part of the human condition. Remember the kid in junior high who would pester someone and pester them until the victim lost his temper and took a swing? The teacher or Principal wasn’t interested in anything except “Who threw the first punch.” And the victim ended up being punished. The same thing happens in business, social circles, and, yes, in politics.

Recently, here in Arizona, a guy in a BLM T-shirt showed up at a Republican club function where Senate candidate Blake Masters was scheduled to speak. The guy had on his Joe Biden, Aviator sunglasses, and various buttons. All intended to “trigger” the Republicans in attendance – and he had a video camera running. His sole objective was to get the folks there riled up, hoping they would say or do something ugly or stupid, which he could then post on social media to prove that Republicans are hateful, violent bigots.

Unfortunately, the folks there jumped at the bait, badgering the guy about “All Lives Mattering,” killing babies, and the like. They demanded that he leave, threatened him with arrest, got in his face, and tried to block or grab his camera. Eventually, an older woman, reaching for the guy’s camera, made physical contact, and things turned into a scuffle, ending with the guy being tossed out on his keister. Regardless of the details of who did what, the video of the Republicans being belligerent and getting in the guy’s face put Republicans in general in a bad light. Someone trying to diffuse the situation at one point even asked one of the belligerent guys to back off, and the guy responded, “They do it. Why shouldn’t we?”

The proper answer to that question is “Because we’re better than that,” but almost as important is that this is exactly what the guy wants you to do.

He was a Troll in the current vernacular and was very successful in that instance. He got what he was looking for, and his video made the rounds, with Republicans getting the short end of the stick.

Today, we don’t have a President, we have a Troll in Chief.

Remember that Joe Biden is several cans short of a six-pack, and his speeches are being written by far-left acolytes of Saul Alinsky and his “Rules for Radicals.” His words and actions are intentionally geared to anger his political opponents, hoping to instigate some ugly or violent response. And there are too many people on the “right” who are more than willing to take the bait and provide “proof” that his disparaging characterizations were accurate.

I guarantee people are reading this right now and are berating me as a wimp, afraid to stand up for my beliefs, who have a whole litany of excuses and rationales that they believe justify “hitting back” and “returning tit-for-tat.”

Again, I say; This is exactly what Biden and his handlers are hoping for.

I firmly believe in taking the higher road, living by the Golden Rule, and following my mother’s advice that if I don’t have something nice to say, say nothing at all, or at least don’t say it in an ugly way. But all of that high road stuff aside, I also believe in not giving my opponent ammunition to use against me.

In the Comments section of articles on social media, we often see the phrase; “Don’t feed the Trolls,” but there’s almost always someone who will expend tons of time and energy writing endless rants in response to some Troll who’s sitting in his mom’s basement giggling at the rage he’s engendered.

Right now, the stakes are incredibly high. The Democrats have made gun control one of their core legislative objectives and one of their top campaign issues.

They believe that GunVoters are too divided and disorganized to be an effective voting block in this November’s elections, thanks to the dramatic decline of the NRA and betrayals of stupid Republicans who have backed some gun control efforts. They need as much evidence of “gun nuts” and “radical Republicans” behaving badly as they can get to scare the squishy middle over to their side, and they have the full support of the legacy media available to them to splash that bad behavior all over the news and social media.

Democrats desperately need to distract Americans away from rampant inflation, high gas and food prices, the destruction of US energy companies, unfathomable levels of government spending on idiotic and corrupt “investments,” [aka wars] the total collapse of our foreign policy, and the simple fact that the current President of the United States is clearly an idiot. They need distractions that will turn voters away from those things and instead focus their attention on synthesized bogeymen, imaginary enemies, and the former President’s foibles and failings. It’s working.

Two months ago, Republicans were expected to crash through the November elections like a tidal wave, and today those predictions are ringing hollow, as American voters are having their attention and energy sucked away from the real issues to instead focus on tertiary matters that should have no bearing on the coming elections. Just as Barack Obama once cautioned that one should never underestimate Joe Biden’s ability to “F- things up,” I have warned never to underestimate Republicans’ ability to snatch defeat from the jaws of victory.

Focusing on Donald Trump’s legal troubles is a huge mistake, regardless of how false or factual they may be or how unfair the double standards of the FBI and Justice Department are. It’s a distraction. So is righteous anger over Joe Biden’s characterizations of Trump voters, gun owners, and “right-wing” politicians as enemies of democracy.

All of that energy should be focused instead on turning the debate back to the real issues at hand, the absolute failure of Biden and the Democrats to do anything right.

Every Republican politician should deflect every question and comment about Trump and right-wing extremism by pointing out that this is all just an effort to distract attention away from the real issues. then follow that up with solid proposals to correct the disastrous policies of the current administration and Democrats in Congress.

The American people are hurting. Democrats like Senator Mark Kelly (Mr. Gabby Giffords) of Arizona are putting out ads bragging about how they are working for their constituents to lower inflation, strengthen the border, and reduce gas prices while they vote in lock-step with Biden and Chuck Schumer (D-NY) on policies that do the exact opposite of their claims. This should be Republicans’ talking points, and voting records and videos of these politicians’ actual words should be the core of their campaign ads.

Biden and the Democrats are Trolling GunVoters and the “right.” Don’t take their bait. Don’t give them bad behavior in response to inflammatory rhetoric. Focus on the facts that really matter: The Economy, the Border, Foreign Policy, Profligate Spending, the First Amendment, and the Second Amendment.

Hold the line. Don’t Feed the Trolls.

In The U.S.A. It Is Your Right to Own Military Weapons

Ground-to-air missiles on snow winter. Air defense. defensive system iStock-Diy13 1367808965
Ground-to-air missile, air defense system. iStock-Diy13

Tombstone, Arizona – -(Ammoland.com)- You might be familiar with the question-and-answer site on the internet called Quora.com. While a lot of the discussion on the site is just garbage, a question that’s worth exploring occasionally pops up. Amidst the wrangling over “military-style” weapons and such, I recently ran across a question that I think is worth answering.

The question was:

“What is the legal precedent allowing private ownership of military weapons in the United States?”

My answer:

First, “private ownership of military weapons” is not “allowed” in the US. It’s a right.

You wouldn’t say that practicing Catholicism or Judaism is “allowed” or that reading book is “allowed.” It is a right that is recognized in the US Constitution as fundamental and preexisting that document. The government can’t “allow” rights. They either recognize and respect them or don’t, which is how civil wars start.

Contrary to what President Biden keeps babbling on about cannons, the Second Amendment “right of the people to keep and bear arms” was considered comprehensive at the time of the founding. Civilians could and did own cannons, repeating rifles, and even warships armed with cannons. In his ridiculous decision in the Dred Scott case, explaining why dark-skinned people of African heritage could not be citizens, Justice Taney infamously rolled out his “parade of horribles,” saying that if African-Americans were citizens, they would be able to freely travel between states, hold political meetings, and carry arms wherever they went.

That suggests that the Supreme Court at that time recognized that the Second Amendment is the individual right of all citizens and that it was not restricted to only federal limits.

In 1934, Congress used legal sleight-of-hand to get around the prohibitions of the Second Amendment by calling restrictions on machine guns a tax measure rather than a firearm restriction law; supporters of the law were concerned about it potentially being overturned by the courts. They were looking for a perfect test case to try and slip a new law, the National Firearms Act, past the courts. They found what they were looking for in a case known as US v. Miller, in which a couple of low-life thugs had been caught for bank robbery and were additionally charged with possessing a sawed-off shotgun and transporting said short-barreled shotgun across state lines for illegal purposes. Their lawyer challenged the additional penalties for violating the NFA, which was fast-tracked to the Supreme Court in 1939. In their decision, the Court focused on the “militia clause” of the amendment, saying that any review of the amendment must consider the militia’s purpose.

That’s the part of the flawed decision that all of the lower courts latched onto for the next 70 years, but that was really just part of the dicta of the decision.

The actual meat of the ruling was that, since the Court had no evidence that a short-barreled shotgun served any purpose in the proper function of a militia, they found that such a weapon was not covered by the protections of the Second Amendment.

Often overlooked about Miller is that there was no one arguing on behalf of Miller and his accomplice. One of them was dead, and the other was serving long sentences for other crimes. No lawyer representing them or their side appeared to present any briefs or arguments. A second overlooked or intentionally missed point is that short-barreled shotguns have always had a place in military units. But here was no one to tell the Court that.

The government argued that the Second Amendment protected the “collective right” of being armed during active militia service, but the Court directly rejected that argument.

A true reading of the Miller decision suggests that the objective of having access to a properly functioning (in other words, “well regulated”) militia must be taken into account when looking at Second Amendment cases and that the amendment covers only such arms as are useful to a properly functioning militia. That would mean that ONLY military-type weapons would be covered, which, if Miller were properly read, would include machine guns, rocket-propelled grenades, and crew-served infantry weapons.

Instead of giving the Miller decision a fair reading, a lower court judge misrepresented the Court’s militia comments to mean exactly the argument that the Court had rejected about the Second Amendment referring to a “collective right.” All of the other courts jumped on that court’s misconstrued interpretation. For almost seventy years, care was taken to avoid ever sending any questionable case back up to the Supreme Court.

For most of the last century, that flawed interpretation was the standard the courts used as “settled law” and what was taught in law schools.

In the early 1970s, a University of Arizona law student named David Hardy, stumbled on the Miller decision and recognized the incompatibility with what he was being told in his studies.

He approached his professor and was encouraged to pursue the subject to better understand what he was reading wrong in the precedents. Hardy dove deep into the case law and the history and couldn’t get around the fact that there was simply no true precedent for the prevailing attitude holding the Second Amendment to be dealing with a “collective,” not “individual,” right. He wrote an article for the Arizona Law Review explaining his findings, and that article was widely ignored as the Arizona Law Review was not a very prominent journal. Fortunately, California attorney, criminologist, and constitutional law professor Don Kates happened to read the article and thought it worth pursuing. In 1983, he wrote his own article in the Michigan Law Review, supporting Hardy’s conclusions. More people read the Michigan Law Review than the one from Arizona, and Kates’ article was noticed by a prominent law professor in Texas named Sanford Levinson. Levinson thought the article was absurd, so he and his graduate students began a research project to correct the errors of Kates and Hardy. The result was an article in the Yale Law Review titled “The Embarrassing Second Amendment,” in which Levinson lamented the fact that after thorough research, he had concluded that Kates and Hardy were indeed right.

The Second Amendment did protect a virtually unrestricted individual right to arms.

Over the next 20 years, the Supreme Court steadfastly avoided taking Second Amendment cases, and activists on both sides of the issue helped steer potential SCOTUS cases away from the Court, as neither side was confident in how the Court might rule.

Finally, in 2008, even though the NRA had tried to derail the case, fearing the Court would rule against their interests, the Court heard the case of District of Columbia v. Heller, resulting in a landmark decision. Though the case was very narrowly focused on the question of whether Dick Heller had a constitutional right to have a functional handgun in his home in DC for personal defense, the Court couldn’t help voiding the mistaken notion of a “collective right” being implied in “the right of the people to keep and bear arms, shall not be infringed.” All nine Justices agreed that the right protected was “individual” in nature, but four of the Justices argued that “shall not be infringed” somehow meant “shouldn’t be unreasonably infringed” and that the individual right to arms had to be directly connected to active service in the militia. Those four were outnumbered by the five justices who concluded that NO direct connection to active participation in the militia was necessary and that “shall not be infringed” does not imply the inclusion of the word “unreasonably.”

The Court majority opinion, written by Justice Antonin Scalia, included some dicta suggesting that the protection only applied to such arms as are in “common use” at the time and which would be normal for a person to bring with them to militia service if called upon. (In the US, all able-bodied persons above the age of 18 are automatically considered to be members of the militia, regardless of any active service.)

A few years later, in the case of McDonald v. Chicago, the Court held that the right protected by the Second Amendment is “fundamental” and applies to the states under the “Equal Protection” clause of the Fourteenth Amendment. Then, just a few months ago, the Court ruled in NYSRPA v. Bruen, in a six to three decision, that the “right to keep and bear arms” includes bearing arms for personal protection outside the home. The decision also set the standard for evaluating the application of the amendment to the actual text and its perceived meaning and application at the time it was adopted, without consideration for the “public safety” or other concerns of states or municipalities.

Under these rulings, Heller, McDonald, and NYSRPA v. Bruen, and to a lesser extent Miller, the Court has established that the Second Amendment protects an individual right to arms, inside and outside the home and that the right applies to arms that are commonly held by the populace, and that the protections apply to the federal government and all subsidiary governments, as a fundamental right.

As “military-style” arms are specifically identified as protected in the Miller decision, and as virtually all firearms have evolved from military designs, and “military-style” arms such as the AR15 and AK variants are among the most popular and common rifles in civilian hands, the matter should be considered pretty well settled.

Rights advocates are now pushing for rolling back or repealing laws like the Hughes Amendment, which cut off the sales of new, full-auto firearms back in 1986, and the National Firearms Act, which added restrictions on a wide variety of arms back in 1934.

Meanwhile, gun control advocates keep pushing new laws which are clearly unconstitutional, such as bans on so-called “assault weapons” and limits on ammunition capacity.

As Sanford Levinson wrote in his Yale Law Review article, “The Embarrassing Second Amendment,” the correct approach for those wanting to restrict firearms must begin with amending or repealing the Second Amendment.

Good luck with that.

Pray for Supreme Court Justice Thomas & Our Nation

U S Supreme Court Clarence Thomas
U. S. Supreme Court Clarence Thomas

Tombstone, Arizona – -(Ammoland.com)- The Supreme Court has only one job. That job can be multi-faceted, but it’s still just one job. The job is to look at laws and lower court decisions and determine whether the law or conclusion of the lower court is following the Constitution.

It should not matter whether a Justice is personally “pro-abortion” or “anti-abortion,” “pro-gun” or “anti-gun,” “pro-religion” or “anti-religion,” or any other personal philosophy or beliefs that they may hold. The only thing that matters is that they fairly, rationally, reasonably, and faithfully interpret the original intent and meaning of the words in the Constitution and apply those words, intent, and meaning to the application of laws today.

For decades (actually almost from the very beginning), some members of the Supreme Court have allowed politics and personal beliefs to encroach on the way they apply the Constitution.

They’ve played games with the law and manipulated language, history, and logic to find creative justification for doing what they have wanted to be done, rather than doing the difficult but more straightforward work of applying the Constitution as it was written and intended, even when it doesn’t comport with their desires or philosophy.

Justice Clarence Thomas is an exception.

His decision in NYSRPA v. Bruen, the recent ruling striking down New York’s requirement that a person has a demonstrable need, above and beyond a general desire for self-protection, to be “granted” a permit to carry a concealed handgun in public, is a demonstration of applying the Constitution correctly. Not only did he and the majority of the Court reject New York’s arbitrary “need” requirement, he, with their concurrence, also made clear the constitutional standard the lower courts are supposed to be using to evaluate any fundamental right claim.

That standard is whether the law or lower court ruling comports with the Constitution.

He gives no leeway for states or municipalities’ “pressing need” or “compelling public interest,” but instead focuses solely on the meaning and intent of the words at the time they were adopted.

If Thomas’s decision in NYSRPA v. Bruen made people angry, his concurrence in Dobbs, the case which overturned Roe v. Wade, made them apoplectic, especially when he called for a reversal of other SCOTUS decisions which employed the same questionable legal theory known as “substantive due process.” Cases depending on that theory include a decision regarding same-sex marriage and another regarding choices in contraception. The rulings and Thomas’s objections to the theory of “substantive due process” triggered a flood of vitriol driven by a justifiable fear that the legal foundation for those rulings had been undermined.

The core of the insults, threats, and abuse is the idea that Thomas has a political agenda. In reality, Thomas is blocking and exposing the political agendas of others, not promoting one of his own.

It’s a pretty safe bet that Justice Thomas doesn’t have personal objections to people choosing their preferred form of contraception or consenting adults sleeping with or marrying whomever they choose. He objects to the use of a legal theory that he considers bogus to create a constitutional right where none exists, or if it does exist, it can be proven under a better argument than “substantive due process.” To Justice Thomas, it’s not about blocking abortions, making it easier for people to carry guns, or interfering in the bedroom choices of average Americans; it’s about faithfully following the Constitution. If the American people don’t like the limits or restrictions of the Constitution, they have the means available to make changes to it. But the Supreme Court is not supposed to be a shortcut to amending the Constitution, and Clarence Thomas is on a mission to not only prevent that sort of end-run in the future but to correct the abuses of past iterations of the Court.

While Justice Thomas is the most prominent example of this “originalist” approach to the job of a Supreme Court Justice, other past and current members of the Court have shared his beliefs to some extent. Some, like Chief Justice John Roberts, object to disturbing established precedents because correcting them would create a ripple effect through the judicial system. They demand adherence to precedent, even when it’s clear that precedent stems from bad decisions that have become the foundation of additional bad laws. Others are committed to the political or philosophical objectives of the bad precedents and don’t want them reversed because that would go against their political views.

While Thomas generally looks to the Constitution as it was written and at the cases that were decided shortly after it was ratified, he is also willing to accept duly ratified amendments, notably the Fourteenth Amendment.

In McDonald v. Chicago, which confirmed that the individual right to arms is a fundamental, individual right that the states cannot ignore, Justice Thomas agreed with the majority that the right must be enforced against the states. But he argued against the use of “incorporation” under the “Due Process” clause of the 14th Amendment. Instead, Thomas argued in favor of restoration of the “Privileges and Immunities” clause of the 14th Amendment, as it was intended when it was ratified.

The 14th Amendment was ratified in 1868, in the wake of the Civil War, to establish freed slaves as full citizens of the United States, with all of the constitutionally protected rights, privileges, and immunities, enjoyed by all other U.S. citizens. But back in 1873, in a case that didn’t involve race, the Supreme Court entered a ruling that gutted the core of the Amendment. Here’s the pertinent section of the amendment:

Section 1. “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

The Court has parsed that section into three distinct clauses: The “Privileges and Immunities” clause, The “Due Process” clause, and The “Equal Protection” clause. In 1873, less than 5 years after the 14th Amendment was ratified, in a ruling widely known as the “Slaughterhouse Cases,” the Court delivered their controversial decision claiming that the “Privileges and Immunities clause” only applies to federal laws on federal properties, and did not protect all of the rights of citizenship for all citizens of the United States, even though that was the clear and very public intent of the amendment authors, and was advertised as such in the campaign to ratify it. In subsequent cases, the Court has stood by this seriously flawed decision, but through the years, the Court has effectively restored many of the intended protections of the “Privileges and Immunities” clause by selectively and creatively applying the “Due Process” and “Equal Protection” clauses.

The decision in the Slaughterhouse cases is widely considered one of the worst decisions to come out of the Supreme Court.

Justice Samuel Freeman Miller, the author of the majority opinion in the Slaughter-House Cases
Justice Samuel Freeman Miller, the author of the majority opinion in the Slaughter-House Cases.

It is unlikely that you could find a single legal scholar in the past 100 years, who would defend the decision as right and correct, yet the Court has steadfastly refused to correct this glaring error, instead choosing to use creative workarounds.

When the McDonald case came to the Court in 2010, arguing that individuals’ Second Amendment rights could not be usurped by the states, many legal scholars saw the case as a prime opportunity for the Court to correct their long-held Slaughterhouse error. Indeed, attorney Alan Gura, representing Otis McDonald and the Second Amendment Foundation, argued during the first half of his allotted argument time, that the Court should take this position. The second half of his argument time was planned to be focused on the Court’s more favored “incorporation” theory for applying the “Due Process” clause. In the end, the Court allowed the NRA to intervene in the case, and the “Due Process” arguments were offered by their attorney, Paul Clement – who happened to have been the Solicitor General who argued for the government in the Heller case.

The Court ruled in favor of McDonald, but chose to use “Incorporation” under the “Due Process” clause, instead of reversing the Slaughterhouse decision.

Justice Thomas argued at the time in favor of reversing Slaughterhouse and has consistently argued for Supreme Court Justices to correct past mistakes and reduce their reliance on past precedents in ruling on cases. He doesn’t argue this to advance his own political agenda or make his job easier, but to bring the Court back into alignment with the Constitution and hopefully keep it there.

At the moment, Justice Thomas is the leading advocate for this approach, though there are a couple of other justices currently on the Court who tend to agree with his position, at least to a substantial degree.

But there are powerful forces that are adamantly opposed to Thomas’s originalist approach. Those forces include most of the legacy media and the entire Democratic Party. They paint Justice Thomas as a crazed right-winger, trying to undo all of the good things the Court has accomplished over the past 50+ years, and they have riled up mobs of people who are now convinced that Thomas is the greatest threat to our democracy that anyone has ever seen.

This is wrong, abusive, and dangerous – to Thomas and our nation.

So I ask you to join me in praying for Justice Thomas’s continued good health and safety, and for his efforts to rein in the Courts to be successful.

Friends Like These… Only Get America New Gun Control Laws

John Cornyn
John Cornyn … IMG Sen. John Cornyn of Texas facebook

Tombstone, Arizona – -(Ammoland.com)- With the Senate’s passage of the “Bipartisan Safer Communities Act” on Thursday, and the House’s passage on Friday, the bill is headed to the President’s desk in time for signing before everyone flees Washington to celebrate Independence Day. That seems a bit ironic, doesn’t it.

Others have already written about the numerous problems with the legislation, so I won’t dive deeply into those, but will instead focus on the political ramifications of the whole mess. As a lifelong politics watcher with over 30 years of active participation in the political process, including lobbying, campaigning, working directly for candidates, and as a campaign consultant, I’m at a loss to understand the Republican strategy of working so hard to come up with a “bipartisan, compromise” to give Joe Biden a “win” on gun control.

Sure, it would be tempting for them to want to be able to go home and say “We did something in response to the horror in Uvalde,” but “doing something” that is guaranteed to fail, with components that are patently unconstitutional, and which is guaranteed to alienate a large and very politically active segment of their base, just makes no sense.

You would think that chief Republican negotiator, Sen. John Cornyn of Texas, would have gotten a clue when he was booed from the stage at a Republican event in his home state.

Instead, he referred to the frustrated Republicans as a “mob,” and vowed to stay the course in his efforts to “reach a compromise.” It was just after this that Cornyn announced language had been agreed upon. When that language was finally presented to the Senate and the public, senators were given less than an hour to review the details before they were asked to vote to approve the measure to move forward, setting it up for passage the next day.

A group of 15 Republican senators joined with the entire block of Democrats in the Senate to push the bill through. Of those Republicans, four are retiring at the end of this term, so voters can’t hold them directly responsible for their actions. [Toomey (PA), Burr (NC), Portman (OH), Blunt (MO)]

Eight were just reelected in 2020, so they’re not up for reelection until 2026 [Cornyn (TX), Graham (SC), McConnell (KY), Cassidy (LA), Capito (WV), Ernst (IA), Tillis (R-NC), Collins (ME)], and Mitt Romney of Utah, is not up for reelection until 2024. That gives GunVoters ample time to find and promote primary challengers for all of these compromisers.

The final two Republican compromisers are Todd Young of Indiana, who has already won his primary and is expected to win an easy victory in the general, even though his Democratic opponent looks pretty strong, and Lisa Murkowski of Alaska, who has a primary in August, and actually has a solid-looking, Republican primary opponent. Alaska uses an unusual “Top 4” primary system, in which they hold an open primary, and the top 4 vote-getters move on to the general election, regardless of party affiliation, so Murkowski’s Republican Challenger, Kelly Tshibaka, is likely to make it into the general, but things get complicated from there. Taking on an incumbent is never easy, but with strong support from GunVoters, Tshibaka has a chance. Whether she can convince those GunVoters that she’s a better choice, remains to be seen. Murkowski’s done her part to drive GunVoters away from her camp, but Tshibaka will need to work to win them over to her side. We don’t know enough about her yet to make a recommendation, but invite anyone with knowledge about her, to share it with us.

The biggest problem, politically speaking, with these Republican compromise deals, is that they feed the “hopelessness” faction of pro-gun voters.

These are the folks who say that Democrats and Republicans are just “two sides of the same coin,” or that the “system’s rigged” so voting doesn’t really matter. Unfortunately, these are self-fulfilling prophecies. By abdicating their responsibilities and not getting involved in the election process, they bring about the defeat of their own ideals when they fail to vote, or only cast a protest vote for a third-party candidate with no chance of winning.

Don’t make this mistake.

Politics is a spectrum, like autism. Some politicians are far off to the edges of the scale, while others are somewhere toward the middle, and most swing like a pendulum, depending on which way the wind is blowing on a given day. It’s also a sad fact that many of them, from local City Council members to US Senators, and even Presidents, are not particularly bright. Having worked with, met with, and interviewed thousands of politicians, from all levels and all sides of the political spectrum, over the past 30+ years, I’ve been astounded by how many of them are total morons, with only one real skill – getting votes. Seriously, I would not hire some of these people to walk my dog or answer my office phones, yet they’ve somehow made their way into elected office, and in some cases, into the highest circles of power. The only good thing about these simpletons is also the primary bad thing: They’re easily manipulated. Since they have no real mind of their own, they depend heavily on other people to tell them what to say and do. If you or someone you trust are among that politician’s trusted advisors, then everything’s grand, but get a weasel in the hen house, or a politician who suddenly decides to make his own decisions, and things fall apart fast.

The sad fact is, to paraphrase Churchill, our political system is the worst ever devised, except for all of the others. It’s deeply flawed and imperfect, and it is susceptible to abuse, but it is the best available, and the more involved – and devoted to integrity – the people are, the better the system is.

Given all of that, the only way to get politicians that will vote the way you want them to vote is to first be sure that you fully understand your own political values.

What’s really important to you, and what doesn’t hit your radar? What issues are your “litmus test” issues, and how do you rank them on your personal priority list? For example, the Second Amendment might be your top priority, but you might also care about border security, abortion, economic issues, foreign affairs, etc., and the strongest supporter of the Second Amendment might be completely opposed to your position on all of your other top issues. They might be an avowed communist, or Nazi, or just a total moron on economics, or just a poor campaigner who has no chance of actually winning. So even though we often call ourselves “single-issue” voters, what we’re really saying is that our “single-issue” is a very high priority to us, but it can’t be the only criteria we look at.

Having a clear idea of your own political philosophy, is the first step to making solid choices in elections.

From there, we ideally want to work to elect politicians who completely agree with us on every issue, but that’s not very realistic, so those who agree with us on the preponderance of our highest priority issues, and who actually have a chance of winning. While there are valid reasons to tilt at windmills – to help push the debate in a certain direction, flush out charlatans, build name recognition for future races, promote a particular issue, etc. – generally, if you’re going to dedicate your precious vote, or time, money, and energy to a candidate, you want that candidate to have a chance of winning. If they are not electable, you’re giving the office to someone else.

Beyond basic issues and electability, there’s the issue of party and majorities. For example, right now, the US Senate is evenly divided, giving Democrats the functional majority, because they can count on Vice President Kamala Harris to break ties in their favor. That means the Senate floor is controlled by Chuck Schumer (D-NY), and that’s a bad thing for gun owners. This November, that majority could shift, but it could be very close, and much depends on what happens between now and Election Day. With that reality, it could come down to Lisa Murkowski being the one-vote difference in whether Democrats or Republicans control the Senate. Would GunVoters rather retain the backstabber and get Schumer out of his position of control, or fire the backstabber and keep Schumer in power? Personally, I’d prefer to fire Schumer and withhold my wrath for Murkowski for another day, but there are a whole lot of GunVoters whom I doubt could be convinced to push in that direction by me or anyone else.

The most important thing for GunVoters to remember though, is that, while 15 Republicans crossed over to support this bad legislation in the Senate, and 14 did the same in the House, 50 Democratic Senators and 220 Democratic Representatives also supported it, and most of them were complaining that it didn’t go far enough.

Gabby Giffords And Mark Kelly
Gabby Giffords And Mark Kelly

GunVoters are very good at punishing backstabbers and turncoats, but we need to be better at taking on our real enemies, like Mark Kelly, the co-founder of the Giffords gun control group. He’s up for reelection in Arizona, and he should be beatable, and beating him should be GunVoters’ number one objective this year.

Supreme Court is the Eye of the Storm As They Rule On 2A & Abortion

Supreme Court Washington DC USA iStock-Bill Chizek-1149364911.jpg
KniStock-Bill Chizek

Tombstone, Arizona – -(Ammoland.com)- The Supreme Court finally announced its long-awaited decision in the case of New York State Rifle and Pistol Association v. Bruen yesterday, and as expected, it’s a doozy.

The decision was written by my longtime favorite Justice Clarence Thomas and was joined by Chief Justice Roberts and Justices Alito, Gorsuch, Kavanaugh, and Barrett. Justice Breyer was joined in a lonnnnng, emotion-laden dissent, by Justices Kagan and Sotomayor.

Probably the single most important aspect of Thomas’s ruling is a repudiation of the lower courts’ use of various “balancing schemes” and “tests” in deciding Second Amendment cases.  A declaration that these cases should be decided based on the text of the Constitution, and the historical application of that text at the time it was adopted, not by any sort of “ends-means” scrutiny. The ruling, and much of the dicta going along with it, is narrowly focused on New York’s “may issue” licensing system, which gives bureaucrats the authority to deny carry licenses on the basis of arbitrary standards and their own discretion.

Justice Kavanaugh, joined by Chief justice Roberts, penned a concurring opinion that goes to some pains to point out limits on the reach of the Court’s ruling, particularly noting that the ruling doesn’t negate state laws that require that certain conditions be met before issuing a carry license, such as criminal background checks, safety training, and education on state laws related to firearm use. He also quotes from Heller to stress the idea that the Second Amendment is not without limits, and that some regulation of firearms and firearm owners, as has been traditionally employed, is tolerable under the Constitution.

This concurring opinion from Kavanaugh and Roberts reinforces the perception of many in the rights community, that these two are the “weakest links” in the Court’s “conservative” block.

“Ends-Means Scrutiny” & “Balancing Test” Excuse Removed

What’s important though, is that by denouncing “ends-means scrutiny” and “balancing test” schemes, Justice Thomas and the Court majority have effectively removed the most commonly used tool of the appellate courts for skirting the protections of the Second Amendment.

This will make it much more difficult for those courts to come up with excuses for allowing clearly unconstitutional infringements, to remain in force. The ruling basically says that from now on, when a court is looking at a Second Amendment case, they must look at the original text and history, and if that text and history does not support the infringement, then the law must be ruled unconstitutional, regardless of what sort of government interest might be served by allowing the law to stand.

This should have far-reaching ramifications.

In response to the majority opinion, the “liberal wing” of the Court offered a long, rambling dissent, penned by retiring Justice Stephen Breyer, who once called for a repeal of the Second Amendment. In it, Breyer pours out all sorts of irrelevant statistics about “gun deaths,” mass shootings, “gun suicides,” and other such “guns are bad, m’kay” nonsense. To his credit, in his own concurring opinion, Justice Alito shredded Breyer and his emotional dissent, pointing out that none of his 100+ pages of arguments and statistics have any bearing on the case at hand, which is about the defense of fundamental human rights.

This case and decision serve as a reminder of how much elections matter, and how important it is to sometimes hold your nose and vote for someone who’s not our friend, but who is also not a friend to our enemies. [read Dr. Oz] I was never a Donald Trump fan, and the best arguments I could come up with to vote for him were:

  • 1. He wasn’t Hillary Clinton.
  • 2. He might hire some sharp people to help him get his head right on guns.
  • 3. He’d be under extreme scrutiny and have to fight for everything he tried to do, with Democrats vehemently opposing him, and a number of Republicans watching and opposing him almost as much.
  • 4. The next President would be naming at least one or two Supreme Court Justices, and those picks would be critical for decades to come.

In the end, many of my concerns about Trump proved out, as he did betray gun owners with his actions on bump-stocks and his calls for “red flag” laws, but he surprised me with much of what he was able to accomplish during his term. Most importantly, President Trump nominated three relatively solid new Justices to the Supreme Court and got them confirmed. I’m not completely thrilled with Justice Kavanaugh, and I’ve been a little disappointed with Justice Gorsuch at times, but the ruling released yesterday demonstrates just how important those three appointments were, and will be for the next decade or two. Appointments like those are worth taking a chance on a back-stabber if it gets Gun Voters the majority control, especially when you know that the alternative would be a hundred times worse.

Pray for Justice Thomas

Going forward, we all need to pray for the continued health and safety of all of the Justices, especially Justice Thomas, who is the longest-serving Justice on the Court, and now the oldest member of the Court, at 74, as well as the most constitutionally correct. While the other members of the Court are much younger than Justice Thomas, they face risks as well, particularly since the “leak” of the draft opinion in the Dobbs case, which exposed today’s decision by the Court to overturn the infamous decision in Roe v. Wade. Illegal protests have now been activated outside Justices’ homes, and threats of violence have significantly increased.

Earlier this month, a man was arrested near Justice Brett Kavanaugh’s home in Maryland. The man had a pistol and extra magazines, along with a “tactical” knife, tools, duck tape, and other “burglar equipment.” He had arrived at Kavanaugh’s home in a taxi a little after 1:00 in the morning but walked down the street after noticing two Federal Marshals in front of the house. The man then called 911 and reported that he was armed and suicidal, and he had traveled from California with the intention of killing Justice Kavanaugh, then killing himself, as a way to “give his life meaning.”

He was arrested without incident, while still on the line with the 911 operator. The man told FBI investigators that he had decided to kill Kavanaugh because he assumed Kavanaugh would vote to overturn Roe v. Wade, and against New York in the NYSRPA v. Bruen case, “weakening” gun control laws.

For some unfathomable reason, the media has been unusually quiet about this failed political assassination plan, instead of focusing on the January 6th “insurrection” hearings, and the Johnny Depp v. Amber Heard defamation suit. Of course, we can only speculate on what news coverage might look like if one of the “liberal” justices had been the target of an assassination plan by a crazed “right-winger,” but I’m guessing it would be just a little more aggressive. In fact, it would probably trigger another round of demands for more gun control laws. After all, this criminal nut-job apparently acquired his weapons and ammunition in California, flew to DC, then took a taxi to Kavanaugh’s house in Maryland. Obviously stronger gun laws would have prevented all of that. (<– the writer typed sarcastically.)

With the ruling on Roe v. Wade in the Dobbs case now out, we can expect more violent responses. Several “groups” and individuals have been openly advocating for a day – or week or month – of civil unrest and destruction in response to the expected decision. Again, for some reason, the legacy media doesn’t seem interested in those threats, and social media platforms like Twitter and Facebook don’t seem interested in suspending or canceling these folks’ accounts. As long as they’re not saying anything extreme and controversial, like suggesting that a woman is an adult female human, I guess they get a pass.

Pray for Justice Thomas’s continued health, and for the safety of all of the Justices. The crazy’s getting pretty deep.

Ammunition for the grassroots gun rights movement