This is the alleged quote President Andrew Jackson (D) when the Supreme Court decided Worcester v. Georgia

Worcester v. Georgia was about a law in Georgia which required state permission for a non native (Indian) to be on native lands. Worcester was a minister that lived with the Indians, was translating the bible into Cherokee, and in general trying to do good things. This was prior to the Trail of Tears.

The court found that it was unconstitutional and ordered Worcester freed. The state of Georgia refused. The federal government did nothing and the Supreme Court did not request federal law enforcement to do anything.

Due to a multitude of changes this was never pushed to an extreme and in 1832 Jackson said that the Supreme Court was the final say in what is Constitutional. Prior to that declaration, Jackson believed that the President and the Supreme Court were equal in that judgement.

So the question comes up, over and over again, what if the Supreme court decides that some part of gun control is unconstitutional and the states continue to enforce those laws?

Consider the following, somebody decides to make a select fire AR-15. I.e. they drill the fourth hole and put in all the right parts. They never take the gun out of state, they never cross state lines, they don’t do anything criminal with that firearm other than possessing it.

A state, like Connecticut, New Jersey, New York or California, arrests and charges this person under their assault weapons ban.

Instead of attacking just the assault weapons ban our defendant decides to attack the NFA and the AWB at the same time. Because the feds are lined up to prosecute him for the machine gun if the state doesn’t put him away. There is precedent for people being heard in court over the possibility of being charged. In first amendment cases this is called “a chilling effect”.

If you don’t know if a particular statement is protected speech you are unlikely to speak in fear of being prosecuted. So even if the law doesn’t explicitly deam your speech “illegal” the fact that it could be stretched to do so is enough for it to be considered an infringement of your rights.

This is the issue with “hate speech” regulations. Hate speech is always in the eyes of the victim. As such there is no way to know prior to making the statement how that person will interpret that word.

That exists right here, right now. If I put that word “here” to say that this word is currently considered hate speech, that one word could be used to label this entire site as “full of hate speech.” There was a professor that was on a overnight class trip. His students asked him a question and he responded using that word to say “don’t use ‘word'” Him saying don’t use it got him fired and canceled.

Regardless, in our example if it happens in California then the 9th circus hears the case and immediately decides that all is constitutional. The cases on the east coast go to different circuit courts which have already shown a tendency to believe that the state is right in balancing needs.

So it ends up in the Supreme Court where Justice Thomas gets to write another slapdown of the gun controllers.

The regent for Joe Biden, President for life, makes the statement “Hell Yes, we are taking those guns!” The gun infringing states then refuse to acknowledge the Supreme Court opinion.

Thus the court can not get the federal government to intervene nor is the federal government going to send in the troops to enforce anything.

And here is where it gets dicey. We the People of these United States have given the government temporary power in limited form. We are not subjects. We are citizens.

First I expect there to be a huge amount of civil disobedience. Currently Connecticut is experiencing the larges act of civil disobedience known in the US. The number of “assault weapons” that were registered under the requirements of their AWB.

So there will be civil disobedience. Second, there are still a large number of Law Enforcement Officers that do believe in the constitution. They will refuse to enforce.

Finally, there will be deaths.

In the novel Friday by Robert A. Heinlein the constable got an “illegal” order and decided it was the right thing to do to go investigate and arrest. He “rushed” Friday and ended up dead.

There are going to be “go getter” types that want to do the gun grab. For some of them there will be death instead. For some gun owners there will be death. And it will get bloody.

We’ve been covering how some judges are adhering to the Bruen decision and others are not.  The ones that are not are distinct in that they all seem to be stretching to find something that isn’t there or to find a way to invert the rules.

Before Bruen, the Second Amendment looked like an abandoned cabin in the woods. A knot of vines, weeds, and roots, left unkempt for decades, crawling up the cabin’s sides as if pulling it under the earth. Firearm regulations are that overgrowth. Starting with the Federal Firearms Act in 1938, laws were passed with little—if any—consideration given to their constitutionality. That is, until the Supreme Court intervened in Bruen.

What a wonderful turn of phrase.

He is right. For the longest time the second was treated as the red haired stepchild. There is no other right that has had so many restrictions put on it. There is no other right which has been so “balanced” by government wants. The second was treated as a might have run.

As people that are not involved in the criminal court system we look to avoid being embroiled in the law. I.e. we want to be law abiding people. We also want to be able to defend ourselves and our family. That means we want laws that allow us to keep and bear arms freely.

Laws that create a legal minefield of where we can carry and where we can not are designed to make it so hard to carry legally that we just don’t. You are going to stop at the Post Office after work? Is it worth it to carry today then?

I’ve had a courthouse guard hassle me because I had a holster on my hip. No gun. Just the holster.

I want this to stop. I think that you want it to stop as well.

But the Bruen opinion bites much deeper than “just leave us alone.” It is going to roll back many of the gun control laws.

In United States of America v. Litsson Antonio Perez-Gallan another part of the Gun control laws took a hit. And this one will start the fall of red flag laws. U.S. District Judge David Counts ordered that Perez-Gallan’s petition to dismiss be granted.

Perez-Gallan was being charged with being a prohibited person in possession of a firearm. He was called “prohibited” because there was a restraining order against him.

That’s it. Under 18 U.S.C. § 922(g)(8) it is a crime to possess a firearm while subject to a court order.

The gist of Judge Count’s order is that 18 U.S.C. § 922(g)(8) is unconstitutional.

This would mean that all Red Flag laws are also unconstitutional.

As the judge stated, until 1994 there was no law prohibiting a person under court order from possessing a firearm. This is not within the history or tradition of the second amendment in 1791.

All cases attacking 18 U.S.C. § 922(g)(8) have been denied because of standing. They happened prior to the Heller opinion in 2008. Thus the courts ruled that the “right to bear arms” was a collective right.

It is likely that over the next dozen years or so we are going to see the gutting of the GCA and the NFA. Regardless of the games that the gun rights infringers continue to play.
United State of America v. Litsson Antonio Perez-Gallan – Memorandum Opinion

Part of the wonder of the Bruen decision was the two fold win of no more “two step analysis” and a requirement that the government show that there was an analigus law in 1791 at the time of adoption of the second amendment.

Text and history of the second amendment is the controlling feature of what infringements are allowed.

We have now seen two different cases where the state is turning this upside down.

In one case the judge ruled against an injunction because “The clear reading of the second amendment does not protect the right to manufacture firearms”.  In this case the Judge and the state are arguing that the plaintiffs must provide some sort of historical reference showing that the text and traditions of the second amendment support the manufacture of firearms.

The actual opinion says that the government must show that there is a gun control law that banned or limited the manufacturing of firearms by individuals in 1791.  Thus the Judge has turned the argument upside down.  They have again made it so the plaintiff must prove that the constitution covers their claim via text and tradition.

In California they are doing the same thing.  The state has stated that since the second amendment doesn’t mention magazines and because magazines are not required for a firearm to function that they are ok to ban magazines.

When the Bruen opinion came out we identified the weaknesses in the opinion.  Those came down to “sensitive places” and “uncommon firearms”.  We knew they would look for other methods, and it is clear that they are following cases as much as we are.

In each of the suits brought under Bruen they have watched to see what stuck and what didn’t.

We had one judge state that it wasn’t his job to be a historian, even though that is exactly his job under the American “common law” ideals.  Research is a huge part of dealing the law.  We had another judge decide that “manufacturing” isn’t part of “keep and bear”.  Now the state is arguing again that the plain reading of the constitution doesn’t include magazines.

Keep an eye on how they manipulate the language of the decision. This is how they have been doing this for the last 70 years.

Welcome to the after election party!

We are looking for more guest posts, please contact us if you have something you want to write.

What cases or bills/laws are you following in your area that are 2A related?

What was your biggest surprise of election night?

Yesterday was not a good day for the gun community.

John Fetterman won in PA.  How?

Governor Hochul of NY won her first election to governor.  We had high hopes but it just didn’t come close.

Seems that some crazy BLM supporter in his underwear having a fight with Paul Pelosi over a hammer is a huge threat to democracy from conservatives but somebody attacking an actual candidate on stage is a nothing burger.

A bit further north Maggie Hassan won re-election. Just a wee bit of dirty tricks there as the Democrat party poured money into Don Bolduc’s primary campaign to get him nominated and then painted him as extreme.

Same with the democrats running for the house in NH.  Both won.

In Georgia we are going to have a runoff but it doesn’t look good.

I was hoping for a strong majority in the House and it currently looks like a bare majority.

The Senate appears to be a toss up right now and it might be that the Senate is controlled by the Democrats.

If this happens, the anti-gun bills that the house passed but which were not heard in the Senate might be heard in the Senate.  I’m not sure if a bill from last session can be heard this session.

Bluntly I’m pretty down today.  I’m hoping to feel a bit better tomorrow.

Judge Suddaby issued an injunction enjoying parts of the NY CCIA.

The process that happens is that the parties can request a “temporary” injunction.  This is short lived.  It is designed to stop harm from happening as the case proceeds to trial.  Judge Suddaby granted a temporary injunction to GOA, held it for 3 business days to allow the state to appeal it to the second circuit court which overturned the temporary injunction.

Time goes by and the judge has had time to look at the pleadings of both parties and is now issuing an injunction.  This blocks large parts of the CCIA and it is in place until the end of the trial.

With a temporary injunction one of the parties can delay things so that the temporary expires.  With an injunction it doesn’t matter how long it takes to get to trial the injunction stands.  Using the term “suspend” minimizes the huge win this is.

In addition, when issuing the temporary injunction judge Suddaby held it in order to give the State time to appeal.  The State again asked for a hold while they appealed.  This time judge Suddaby said “no.”  His reasoning being something like “a right delayed is a right denied”.

What this means is that until such time as the trial is heard, all of the “good moral character” parts of the CCIA are dead.  They can’t ask anything related to establishing “good moral character”.  The judge explicitly stated that NY had just exchanged “good cause” for “good moral character” which is not allowed because of the Bruen opinion.

Along with stopping the “good moral character” parts, the judge took direct issue with many of the sensitive place designated by the State.  In particular he said that requiring businesses and privately owned property to say that CCW was allowed was likely to be found unconstitutional.  He also agreed with judge Senatra, Jr. that places of worship are NOT sensitive places and used judge Senatra, Jr.’s arguments to bolster his own.

The courts are building up a body of work that is in the process of gutting gun control at all levels.

With luck we’ll be free of a few anti gun politicians come January when the new Congress is sworn in

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It is said that the rich go broke and eat like kings, they poor just starve.

Wealth is very relative. There are people in the US that have a late model car, housing, cell phones, air conditioning and central heating, eat in excess of 5000 KCal per day and we consider them “poor”. There are people in other countries that live in squalor that no “poor” american would put up with that are considered wealthy in their own location.

That man wearing a breechcloth with a bunch of shells on a necklace squatting by an open fire eating roast snake looks poor to most Americans. He might be the wealthiest person in his village with the ability to buy and sell wives however he wishes.

I’ve been poor and I’ve been “rich” and I’ve been poor again. The people of my small town think of our family as “wealthy” yet we struggle to make all of our bills (some of that is I’d rather purchase another rifle than a couple of cords of firewood)

Regardless, it is much easier to be without wealth and still have money in your pocket than it is to have no money.

Money makes the world go around.

As an extra I’ve included “If You Could See Her With My Eyes”. The movie takes place near the beginning of WWII. It depicts the venial violence and hate of the left (Nazi party) towards the Jewish people. In the movie they point out that these evil leftist monsters have no problem with his choice of girl, but the punchline makes it clear his real point.

Most of the things about the New York state CCIA have been enjoined (stopped). This takes the TRO and makes it permanent.

I think that training requirements still stand and a few other parts. Lots of “sensitive places” have been struck down as well.

This is a huge win for us under Bruen.

Thank you Justice Thomas!
Antonyuk v Hochul

I’ve discussed my recurring issues with Trash Pirates around here. I’ve determined that 30-30 is big enough for one shot kills.  A body shot will take them out almost instantly.

I’ve also seen that removing the brain from a racoon with a 30-30 leaves a huge mess and lets the body twitch like a headless chicken for way to long.

The .22LR did one in but it took way to long and I wasn’t happy with the pain it gave the animal.

A year or so ago I picked up a revolver in .38/.357.  The reason was that I was tired of losing brass.  At the range if it bounces wrong it ends up in the lanes and if the damn range officer has had his talking to in the last day or so he is so busy sweeping all the brass he can out into the lanes.  For every 100 rounds fired I was only recovering around 75.

Brass getting harder and harder to find this was not acceptable.

So I went looking for a lever action in .357mag.

My LGS had a Rossi ’92 in .357.  I went down and looked at it.

I hated the damn rear sights.

It was hate at first manipulation.  I didn’t even bother to dry fire the thing. I didn’t bother to look at the fit and finish or anything else.  It just wasn’t worth it.

Then the magic happened.  I stopped in at the LGS and they had a Rossi ’92 from the 1990s.  It had beautiful square notch rear sights.  The wood was worn with the love of 30 years of hands.  The trigger was smooth with a clean break.

It followed me home.

I’ve only sent a couple of dozen rounds down range.  I need to cast more bullets for .357.  Every round I sent down range rang steel.

I firmly believe that this rifle will do a great job of Trash Pirate control.

Oh, if anybody knows how to get the last round in the gate to rotate so it is centered in the receiver, please let me know.  It loads beautifully but I have to stick my finger in the receiver to give that last round a little nudge to the left to get the base to center up on the elevator.  Once there it works fine and manipulating the lever with .357 or .38 special works perfectly.

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