Hillary’s Plan to Nullify the Second Amendment

by Jeff Knox

(August 17, 2016) Donald Trump was widely criticized by media, Democrats, and even some Republicans after he made a joke regarding Second Amendment remedies to Hillary Clinton’s plan to “essentially abolish” the Second Amendment. As if “reporters,” commentators, and politicians were all reading from the same script, they consistently pointed out that Clinton had no such intentions – in spite of the fact that this is exactly what she intends to do.

Clinton has repeatedly criticized the Supreme Court’s ruling in the Heller case, calling it a “bad decision.” Justice Ruth Bader Ginsburg, who, along with four other justices dissented in the Heller case, has also called it a bad decision and suggested that the Court might revisit that ruling at some future point, but reversing Heller is not necessary to “essentially abolish” the Second Amendment. Heller was actually a very narrow and limited decision. While it did resolve the question of the right to arms being an individual right, rather than some sort of “collective” right, beyond that it only established that an individual had the right to possess a functional handgun within the confines of their own home. While the decision suggested that the right was broader, the Court did not officially rule beyond the issue of self defense within the home. Their followup decision in McDonald was also a 5-4 decision, with Ginsburg and her three compatriots dissenting, which recognized the Second Amendment as dealing with a “fundamental right” which could not be ignored by the states.

Since those decisions, a number of cases dealing with questions of just how far the right to arms extends, and what sorts of restrictions on the right are permissible, have made their way to the Court, but virtually all of them have been turned away without a hearing, and in each of those cases, the Federal Court of Appeals had ruled in support of government limits and against individual rights.

All that is necessary for the Second Amendment to be “essentially abolished,” is for the Supreme Court to rule on one or two of these cases and deliver decisions that support those very bad lower court decisions. By officially limiting Heller to only apply to the keeping of a self-defense handgun in the home, setting the level of “scrutiny” at the lowest threshold, and approving all manner of state and local restrictions, the Supreme Court could thoroughly neuter the Second Amendment without reversing Heller, and without having to amend the Constitution – essentially abolishing the meaning, intent, and application of the Second Amendment for all practical purposes.

There is no doubt that this is exactly what the Court would do if Ginsburg, Sotomayor, Kagan, and Breyer had one more vote on their side. That’s why Donald Trump was absolutely correct in his assertion that Hillary Clinton would “essentially abolish the Second Amendment,” and that’s why it is so critical that she not be given the opportunity to accomplish that goal.

Barack Obama has nominated Judge Merick Garland to fill the vacancy created by Scalia’s death, but Republicans in the Senate have insisted that they will not even consider the Garland nomination. They say the new president should be the one to nominate Scalia’s replacement. If Clinton is elected, not only is her pick likely to be much more radical than Garland, but Republicans will be obligated to consider the appointment and they are likely to have a slimmer majority in Congress, and quite possibly be in the minority, making it very difficult to reject a radical pick.

Meanwhile in California, a very significant Second Amendment lawsuit is waiting in the wings for possible petition to the Supreme Court. The Peruta case has been bouncing around the courts since 2009. It challenged San Diego County’s policy of only issuing concealed carry licenses to individuals who could demonstrate a specific need to carry a concealed firearm for self-defense, above and beyond that of the public at large. A three-judge panel of the 9th Circuit Court of Appeals had ruled in favor of the plaintiffs, saying that the “needs requirement” was a violation of the Second Amendment, but the court then called for an en banc hearing of the case and reversed the ruling of the panel. That ruling was about as disingenuous and convoluted as could be imagined. What the court basically said was that while the Second Amendment might guarantee a right to carry a firearm for self-defense, it does not guarantee a right to carry a gun concealed, therefore the San Diego county policy is not at odds with it. What is so egregious about this decision is that California forbids the open carry of firearms, leaving licensed concealed carry as the only legal alternative, so the court has decided to make this a Catch-22. A suit has now been filed challenging the ban on open carry, but at best we are looking at years more litigation, and it will all be for naught if Clinton names Scalia’s replacement.

The attorneys in the Peruta case are now in a difficult position. They don’t want their case to be the one the Supreme Court uses to eviscerate the Second Amendment, but they have only a limited window in which to petition the Court for a hearing.

And of course, in the midst of these legal wranglings, California has adopted a half-dozen new, harsh gun control laws and has an even harsher initiative on the ballot for November. A group of activists have started a petition to force removal of the offending new laws, but it is a “Hail Marry” effort, and will be meaningless if the anti-rights initiative passes. Californians must stop the anti-rights initiative, and the rest of us must stop Hillary Clinton. Anything less will most assuredly be disastrous.

Yes, Hillary Will Abolish the Second Amendment

Hillary Will Abolish the Second Amendment

By Jeff Knox

(August 17, 2016) Donald Trump was widely criticized by media, Democrats, and even some Republicans after he made a joke regarding Second Amendment remedies to Hillary Clinton’s plan to “essentially abolish” the Second Amendment. As if “reporters,” commentators, and politicians were all reading from the same script, they consistently pointed out that Clinton had no such intentions – in spite of the fact that this is exactly what she intends to do.

Clinton has said; “The Supreme Court is wrong on the Second Amendment, and I am going to make that case every chance I get.” Combine that statement with the 5-4 decision in Heller, and Justice Ruth Bader Ginsburg’s declaration that the Court’s ruling in Heller was a “bad decision,” and her suggestion that the Court should revisit that ruling if they could get a fifth like-minded justice on the bench, and you have a formula for “essentially abolishing the Second Amendment.” But reversing Heller is not necessary to accomplish that. Heller was actually a very narrow and limited decision. While it did resolve the question of the right to arms being an individual right, rather than some sort of “collective right,” the case only dealt with the question of an individual’s right to possess a functional handgun in their home for self-defense. While the decision suggested broader application, it did not rule beyond that narrow issue. Their followup decision in McDonald was also a 5-4 decision, with Ginsburg and her three compatriots dissenting. It recognized the Second Amendment as dealing with a “fundamental right” which could not be ignored by the states.

Since those decisions, a number of cases testing the broader implications of Heller have made their way to the Court, but they have refused to hear any of them. These cases have dealt with questions of how far the right to arms extends and what sorts of restrictions are permissible. In each case, a Federal Court of Appeals had ruled in support of government limits and against individual rights – in clear conflict with the language of Heller and the Second Amendment itself.

All that is necessary for the Second Amendment to be “essentially abolished,” is for the Supreme Court to rule on one or two of these types of cases and deliver decisions that support those very bad lower court decisions. By ruling that things like “assault weapon” bans, bans on carry, and registration schemes are constitutional, and setting the level of “scrutiny” at the lowest threshold, the Supreme Court could thoroughly neuter the Second Amendment without reversing Heller, and without having to amend the Constitution – essentially abolishing the meaning, intent, and application of the Second Amendment for all practical purposes. This would take litigation off the table and put the fight back into Congress and state legislatures.

There is no doubt that this is exactly what the Court would do if Ginsburg, Sotomayor, Kagan, and Breyer had one more vote on their side. That’s why Donald Trump was absolutely correct in his assertion that Hillary Clinton would “essentially abolish the Second Amendment,” and that’s why it is so critical that she not be given the opportunity to accomplish that goal.

Barack Obama has nominated Judge Merick Garland to fill the vacancy created by the death of Justice Antonin Scalia last February, but Republicans in the Senate say the new president should be the one to appoint Scalia’s replacement, and have refused to consider Obama’s pick. If Clinton is elected, Republicans will probably also lose seats in the Senate, and her pick is likely to be much more radical than Garland.

Meanwhile in California, a very significant Second Amendment lawsuit recently suffered a crushing reversal and is ripe for being petitioned to the Supreme Court. The Peruta case has been bouncing around the courts since 2009. It challenged San Diego County’s policy of only issuing concealed carry licenses to individuals who could prove a particular need to carry a concealed firearm. A three-judge panel of the 9th Circuit Court of Appeals delivered a strong ruling that the “needs requirement” was a violation of the Second Amendment, but the court then called for an en banc hearing of the case and reversed that ruling. Their justification was that while the Second Amendment might guarantee a right to carry a firearm for self-defense, it does not guarantee a right to carry a gun concealed, therefore the San Diego county policy is not a violation. What is so egregious about this decision is that California completely forbids the open carry of firearms, leaving licensed concealed carry as the only legal alternative, leaving defensive carry as a privilege, not a right. A suit has now been filed challenging the ban on open carry, but at best we are looking at years more litigation, and it will all be for naught if Clinton names Scalia’s replacement.

The attorneys in the Peruta case are now in a difficult position. They have only a limited window in which to petition the Supreme Court for a hearing, but an appeal now could open the door for a “liberal” dominated Court to eviscerate the Second Amendment. Only a Trump win can prevent that.

And of course, in the midst of these legal wranglings, California has adopted a half-dozen new, harsh gun control laws and has an even harsher initiative on the ballot for November. A group of activists have started a petition to force removal of the offending new laws, but it is a “Hail Marry” effort, and will be meaningless if the anti-rights initiative passes. California voters must stop the anti-rights initiative, and the rest of us must stop Hillary Clinton. Anything less will most assuredly be disastrous for gun rights and much more.

The Real Second Amendment Threat

The Second Amendment Threat

By Jeff Knox

(August 10, 2016) It was interesting watching the media going nuts over Donald Trump’s recent comment about the Second Amendment. During an August 9 rally, Trump said:

Hillary wants to abolish – essentially abolish the Second Amendment. And by the way, if she gets to pick her judges…(shrugs shoulders, shakes head) Nothing you can do folks… (then as an aside,) Although, the Second Amendment people, maybe there is… I don’t know. But I tell you what, that will be a horrible day.”

Taking their cue from Clinton staffers and radical anti-rights extremist groups like Bloomberg’s Demanding Moms, the media painted Trump’s comment as a suggestion that gun rights supporters should take up arms against the government if Hillary is elected. Shannon Watts, the PR flak who heads up Mom’s Demand Action for Gun Sense in America, sent out an outrageous email fundraiser claiming that Trump’s comment was a call to assassinate Hillary Clinton. In the email, titled “Ballots vs. Bullets,” Watts echoed the Clinton camp, declaring; “This is dangerous,” and claimed that, “the media quickly reported Americans’ widespread shock at the idea that Trump was encouraging the assassination of a U.S. president.” She even included footnotes to support this asinine assertion. The three articles in the footnote were:

  1. An editorial from rabid Trump-basher, Philip Bump at the Washington Post, who parsed the statement down to suggest that it was a threat against Clinton, but said nothing about “widespread shock,”

  2. An editorial report by Trump-basher Andrew Prokop at Vox, a “progressive” news service aimed at millennials, which mainly consisted of some speculation about what Trump might have meant and reprints of some comments made by other “progressive” pundits on Twitter.

  3. An article by Louis Nelson at Politico suggesting that Trump was in trouble for making the remarks, and supporting that contention by quoting a variety of Clinton and Democrat functionaries who were hyperventilating about it.

None of these suggested anything resembling “widespread shock” among Americans, just typical attempts to exploit an opening from an opponent. The suggestion that Trump was actually encouraging revolt or suggesting assassination is silly. He was talking about the damage Hillary Clinton could do to the country and the Constitution if she is elected, and one of the points was that if she were to make appointments to the Supreme Court, the Second Amendment would be virtually abolished – which is absolutely true.

Justice Ruth Bader Ginsburg recently stated that she, like Hillary Clinton, believes the Court’s decision in DC v. Heller was “bad” and that a future Court would have the opportunity to revisit the issue when a case challenging a gun control law comes up. Since Heller was decided 5-4 with the now deceased Antonin Scalia leading the 5, it is no stretch to assume that a “progressive” replacement to fill Scalia’s empty seat at the bench would mean that the next case to arrive in the Court concerning gun laws would be decided 5-4 in the opposite direction. By ruling that only “intermediate scrutiny” or “rational basis” need be applied to such questions, the Court could effectively nullify Heller, and thus make the Second Amendment hollow.

Trump was offering a dire warning in an effort to rally GunVoters to his cause and against Clinton – in the upcoming election. His follow-up comment that perhaps “Second Amendment people” might not be helpless, was obviously a joke, but it was a joke with historical teeth.

The Second Amendment itself is a warning against overreaching government. Those who suggest that pointing out this fact is a threat and insurrection, are ignoring the other side of that coin. The threat of the Second Amendment is not that gun owners will resort to armed violence to get our way. Rather it is that the people can and should resist unjust force with force of our own.

This is right and just, and is in full harmony with the writings and beliefs of the founders and the legal scholars who followed them. Famed Supreme Court Justice and constitutional historian, Joseph Story, in his highly respected tome Commentaries on the Constitution of the United States phrased it like this:

The right of the citizens to keep and bear arms has justly been considered, as the palladium of the liberties of a republic; since it offers a strong moral check against the usurpation and arbitrary power of rulers; and will generally, even if these are successful in the first instance, enable the people to resist and triumph over them.” (emphasis added)

That “strong moral check” is in fact a warning. The idea is that as long as the American people are armed, and thus have the ability to physically resist overreaching government, they will never have a need to physically resist the government, because the government would be foolish to try and oppress a citizenry that is well-armed.

If I take a new shooter to the range and caution them not to let the gun point at any part of their own body, and to keep their finger away from the trigger, would anyone suggest that I was threatening them?

Reminding those in power that We the People are potentially dangerous and should be handled with respect, is not a threat, it’s a courtesy.

Don’t tread on me.

The Second Amendment Threat

(August 10, 2016) It’s amazing watching the media going nuts over Donald Trump’s recent comment about the Second Amendment. The comment that stirred up the firestorm was this uttered at a Trump rally in North Carolina on August 9. What Trump said was:

Hillary wants to abolish – essentially abolish the Second Amendment. And by the way, if she gets to pick her judges…(shrugs shoulders, shakes head) Nothing you can do folks… Although, the Second Amendment people, maybe there is… I don’t know. But I tell you what, that will be a horrible day.”

Taking their cue from Clinton staffers and radical anti-rights extremist groups like Bloomberg’s Demanding Moms, the media has painted Trump’s comment as a suggestion that gun rights supporters should take up arms against the government if Hillary is elected. Shannon Watts, the PR flak who heads up Mom’s Demand Action for Gun Sense in America – the Demanding Moms – sent out an outrageous email fundraiser claiming that Trump’s comment was a call to assassinate Hillary Clinton. In the email, titled “Ballots vs. Bullets,” Watts echoed the Clinton camp, declaring; “This is dangerous,” and claimed that, “the media quickly reported Americans’ widespread shock at the idea that Trump was encouraging the assassination of a U.S. president.” She even included footnotes to support this assertion. The three articles in the footnote were:

  1. An editorial from rabid Trump-basher, Philip Bump at the Washington Post, who parsed the statement down to suggest that it was a threat against Clinton, but said nothing about “widespread shock,”
  2. An editorial report by Trump-basher Andrew Prokop at Vox, a “progressive” news service aimed at millennials, which mainly consisted of some speculation about what Trump might have meant and reprints of some comments made by other “progressive” pundits on Twitter.
  3. An article by Louis Nelson at Politico suggesting that Trump was in trouble for making the remarks, and supporting that contention by quoting a variety of Clinton and Democrat functionaries who were hyperventilating about it.

None of these suggested anything resembling “widespread shock” among Americans, just typical attempts to exploit an opening from an opponent. The suggestion that Trump was actually encouraging revolt or suggesting assassination is silly. He was talking about the damage Hillary Clinton could do to the country and the Constitution if she is elected, and one of the points was that if she were to make appointments to the Supreme Court, the Second Amendment would be virtually abolished – which is absolutely true.

Justice Ruth Bader Ginsburg recently stated that she, like Hillary Clinton, believes the Court’s decision in DC v. Heller was “bad” and that a future Court would have the opportunity to revisit the issue when a case challenging a gun control law comes up. Since Heller was decided 5-4 with the now deceased Antonin Scalia leading the 5, it is no stretch to assume that a “progressive” replacement to fill Scalia’s empty seat at the bench would mean that the next case to arrive in the Court concerning gun laws would be decided 5-4 in the opposite direction. By ruling that only “intermediate scrutiny” or “rational basis” need be applied to such questions, the Court could effectively nullify Heller, and thus make the Second Amendment hollow.

Trump was offering a dire warning in an effort to rally GunVoters to his cause and against Clinton. His follow-up comment that perhaps “Second Amendment people” might not be helpless, was obviously a joke, but it was a joke with historical teeth.

The Second Amendment itself is a warning against overreaching government. Those who suggest that pointing out this fact is a threat and insurrection, are ignoring the other side of that coin. The threat of the Second Amendment is not that gun owners should will resort to armed violence to get our way. Rather it is that the people can and should resist unjust force with force of our own.

This is right and just, and is in full harmony with the writings and beliefs of the founders and the legal scholars who followed them. Famed Supreme Court Justice and constitutional historian, Joseph Story, in his highly respected tome Commentaries on the Constitution of the United States phrased it like this:

The right of the citizens to keep and bear arms has justly been considered, as the palladium of the liberties of a republic; since it offers a strong moral check against the usurpation and arbitrary power of rulers; and will generally, even if these are successful in the first instance, enable the people to resist and triumph over them.” (emphasis added)

That “strong moral check” is in fact a warning. The idea is that as long as the American people are armed, and thus have the ability to physically resist overreaching government, they will never have a need to physically resist the government, because the government would be foolish to try and oppress a citizenry that is well-armed.

If I take a new shooter to the range and caution them not to let the gun point at any part of their body, and to keep their finger away from the trigger, would that be considered a threat?

Reminding those in power that We the People are potentially dangerous and should be handled with respect, is not a threat, it’s a courtesy.

Don’t tread on me.

Obama Going After Gunsmiths

Obama Going After Gunsmiths

By Jeff Knox 

(August 4, 2016) The Obama administration has announced new regulatory guidelines that will drive thousands of small gunsmiths out of business.  This reinterpretation of existing regulations lowers the bar for what constitutes “manufacturing” of firearms, and will require that any gunsmith who performs any service more involved than simply cleaning or replacing old parts with functionally identical new parts register as a firearm manufacturer and pay a $2250 annual registration fee.

Continue reading Obama Going After Gunsmiths

Another Gun-Free Mass Murder

By Jeff Knox 

(July 28, 2016) Democrats have declared gun control as one of their top campaign issues this year (though they call it “gun safety,” “gun reform,” or “gun violence prevention” instead of gun control – those terms poll better).  They are betting that GunVoters are not really the political powerhouse that we have been reputed to be, and that after atrocities like the San Bernardino and Orlando terror attacks, Americans will reward them for trying to restrict rights.  They use mass murders – at home and abroad – as emotional launch-pads for their anti-rights rhetoric, but for all of their posturing about saving lives, they refuse to directly address the core problems: our broken mental health system, and fundamentalist Islam.  They also ignore the fact that none of the atrocities would have been prevented, or even mitigated, by the “solutions” they offer.  They are also ignoring the two most recent deadly attacks, because guns didn’t play any significant role in either of them.

Continue reading Another Gun-Free Mass Murder

To Defend Gun Rights, It’s Trump

By Jeff Knox 

(July 20, 2016) The stage is set for a head-to-head battle between the two most widely disliked presidential candidates in modern history.  There is still significant enmity between Trump supporters and fans of Senator Ted Cruz, just as there is a rift between Hillary followers and Berners.  Hillary has the advantage that Bernie Sanders has officially endorsed her – something Ted Cruz has refused to do for Trump – but his supporters still aren’t happy about the outcome.  The big difference is that Hillary has the Democratic Party establishment firmly in her pocket, while the GOP establishment is swallowing bile not to actively oppose Trump.

Continue reading To Defend Gun Rights, It’s Trump

Court Right – for Now

Second Amendment Protects “Assault Weapons”
Fourth Circuit Court says “Strict Scrutiny” applies.

By Jeff Knox

(February 10, 2016) Earlier this month, the Federal Court of Appeals for the 4th Circuit handed a stunning, but well-deserved, rebuke to the gun control zealots leading the state of Maryland.  In a 2-1 decision, a 3-judge panel rejected the conclusion of the Maryland District Court that said Maryland’s bans on so-called “assault weapons” and “high-capacity” magazines are permissible under the Second Amendment.  The case, Kolbe v. Hogan, was remanded back to the District Court for reconsideration using “strict scrutiny” instead of the looser standard, “intermediate scrutiny” that the lower court used in its original determination.

Continue reading Court Right – for Now

Comey’s Gift and NRA’s Gaff

Comey’s Gift and NRA’s Mistake

By Jeff Knox

(July 6, 2016) FBI Director, James Comey has come under serious fire since he announced that the FBI is not recommending prosecution of Hillary Clinton over her willful negligence in handling classified material on her unauthorized, private email server.  While there is plenty of grumbling about the decision in Republican circles, Comey’s decision, and his statement of facts during his announcement, is much better for Republicans than if he had chosen to seek an indictment.

Continue reading Comey’s Gift and NRA’s Gaff

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