Month: July 2018

Ninth Circuit California Gun-Law Ruling: Good News for Second Amendment Rights | National Review

 

The stage may be set for Brett Kavanaugh’s first Second Amendment test as a justice.

Every now and then the Ninth Circuit Court of Appeals — arguably the nation’s most progressive federal circuit — can offer up a legal surprise. Yesterday, it gave us a legal shock, when a divided panel of its judges affirmed last year’s federal district-court injunctiontemporarily blocking enforcement of California’s confiscatory ban on so-called large-capacity magazines.

Under California law, any person who possesses a legally purchased magazine capable of holding more than ten rounds of ammunition must either remove the magazine from the state, sell it to a licensed firearm dealer, or hand it over to law enforcement. Those citizens who retained their magazines after the law went into effect risked a fine or up to one year’s imprisonment in county jail.

The district court’s 66-page opinion was a legal tour-de-force that not only dismantled California’s justifications for the ban, but also reiterated and reinforced the constitutional and historical basis for the right to keep and bear arms. As I wrote last year, this paragraph from the district-court opinion is nearly-perfect:

Violent gun use is a constitutionally-protected means for law-abiding citizens to protect themselves from criminals. The phrase “gun violence” may not be invoked as a talismanic incantation to justify any exercise of state power. Implicit in the concept of public safety is the right of law-abiding people to use firearms and the magazines that make them work to protect themselves, their families, their homes, and their state against all armed enemies, foreign and domestic. To borrow a phrase, it would indeed be ironic if, in the name of public safety and reducing gun violence, statutes were permitted to subvert the public’s Second Amendment rights — which may repel criminal gun violence and which ultimately ensure the safety of the Republic.

Lest anyone think that the Ninth Circuit has suddenly discovered the original meaning of the Second Amendment, its ruling upholding the district-court injunction was limited. It merely held that the trial court didn’t abuse its discretion when it temporarily blocked enforcement of the law. But despite the limited holding, there was encouraging rhetoric in the court’s ruling.

For example, the appeals court held that the lower court “did not exceed its permissible discretion by concluding, based on those cases, that (1) some part of the Second Amendment right likely includes the right to bear a weapon ‘that has some reasonable relationship to the preservation or efficiency of a well regulated militia’ . . . and (2) the ammunition for a weapon is similar to the magazine for a weapon.”

Much of the modern argument over gun control revolves around the effort to label certain kinds of semi-automatic rifles (and magazines over ten rounds) as “military style” weapons that are effectively unprotected by the Second Amendment. Yet the Ninth Circuit’s language — rooted in the history of the amendment — links constitutional protection to a weapon’s potential militia use. In other words, the “military style” moniker actually connects the guns in question to the historic purpose of the right to bear arms.

If the Court takes the case (and that’s far from certain; SCOTUS has been reluctant to review recent Second Amendment decisions), it will have an opportunity to reset the gun-control debate.

Combine this standard with Heller’s clear statement that the Second Amendment was intended to protect weapons in “common use” for “lawful purposes like self defense,” and one begins to see that merely comparing AR-15s or Glocks to military weapons doesn’t render them unprotected. Instead, their common ownership, combined with their “reasonable relationship” to militia use, should enhance, not diminish, their constitutional status.

While gun owners in California can breathe a temporary sigh of relief, the fight is far from over. As David Kopel notes in a good piece over at Reason, California may petition for en banc review (don’t expect the wider panel of Ninth Circuit judges to rule so favorably), or the trial court may issue a permanent ruling in the weeks or months ahead. Either way — sooner or later — this case will reach the Supreme Court, and it may very well be Brett Kavanaugh’s first chance to look at a serious gun-rights cert petition, assuming he is confirmed to the Court.

If the Court takes the case (and that’s far from certain; SCOTUS has been reluctant to review recent Second Amendment decisions), it will have an opportunity to reset the gun-control debate. If it rules that weapons in common use for lawful purposes enjoy categorical constitutional protection, then most assault-weapons bans and large-capacity-magazine bans would fall. Prohibitions against the sale of “dangerous and unusual” weapons (machine guns, for example) would remain.

But all that’s speculation. For now, hundreds of thousands of California gun owners remain law-abiding. They don’t have to face the choice between surrendering the magazines that help keep their families safe and complying with a confiscatory law. Already, there were indications of passive resistance. As the Sacramento Bee reported last year, “Talk to gun owners, retailers and pro-gun sheriffs across California and you’ll get something akin to an eye roll when they’re asked if gun owners are going to voluntarily part with their property because Democratic politicians and voters who favor gun control outnumber them and changed the law.”

Gun-owners choose large-capacity magazines for good reasons, the same reasons why police carry large-capacity magazines in their service weapons. When a deadly encounter occurs, the amount of ammunition can make the difference between life and death. The state cannot be permitted to take a common means of self-defense from its citizens. Thankfully, even in the Ninth Circuit, confiscation has been held at bay.

The stage may be set for Brett Kavanaugh’s first Second Amendment test as a justice.

Source: Ninth Circuit California Gun-Law Ruling: Good News for Second Amendment Rights | National Review

FDR nominated for unprecedented third term – Jul 18, 1940 – 

On this day in 1940, Franklin Delano Roosevelt, who first took office in 1933 as America’s 32nd president, is nominated for an unprecedentedthird term. Roosevelt, a Democrat, would eventually be elected to a record four terms in office, the only U.S. president to serve more than two terms.Roosevelt was born January 30, 1882, in Hyde Park, New York, and went on to serve as a New York state senator from 1911 to 1913, assistant secretary of the Navy from 1913 to 1920 and governor of New York from 1929 to 1932. In 1932, he defeated incumbent Herbert Hoover to be elected president for the first time. During his first term, Roosevelt enacted his New Deal social programs, which were aimed at lifting America out of the Great Depression. In 1936, he won his second term in office by defeating Kansas governor Alf Landon in a landslide.On July 18, 1940, Roosevelt was nominated for a third presidential term at the Democratic Party convention in Chicago. The president received some criticism for running again because there was an unwritten rule in American politics that no U.S. president should serve more than two terms. Thecustom dated back to the country’s first president, George Washington, who in 1796 declined to run for a third term in office. Nevertheless, Roosevelt believed it was his duty to continue serving and lead his country through the mounting crisis in Europe, where Hitler’s Nazi Germany was on the rise. The president went on to defeat Republican Wendell Wilkie in the general election, and his third term in office was dominated by America’s involvement in World War II.In 1944, with the war still in progress, Roosevelt defeated New York governor Thomas Dewey for a fourth term in office. However, the president was unable to complete the full term. On April 12, 1945, Roosevelt, who had suffered from various health problems for years, died at age 63 in Warm Springs, Georgia. He was succeeded by Vice President Harry S. Truman. On March 21, 1947, Congress passed the 22nd Amendment to the U.S. Constitution, which stated that no person could be elected to the office of president more than twice. The amendment was ratified by the required number of states in 1951.

Source: FDR nominated for unprecedented third term – Jul 18, 1940 – HISTORY.com

Atom bomb successfully tested – July 16, 1945 – HISTORY.com

On this day in 1945, at 5:29:45 a.m., the Manhattan Project comes to an explosive end as the first atom bomb is successfully tested in Alamogordo, New Mexico.

Plans for the creation of a uranium bomb by the Allies were established as early as 1939, when Italian emigre physicist Enrico Fermi met with U.S. Navy department officials at Columbia University to discuss the use of fissionable materials for military purposes. That same year, Albert Einstein wrote to President Franklin Roosevelt supporting the theory that an uncontrolled nuclear chain reaction had great potential as a basis for a weapon of mass destruction. In February 1940, the federal government granted a total of $6,000 for research. But in early 1942, with the United States now at war with the Axis powers, and fear mounting that Germany was working on its own uranium bomb, the War Department took a more active interest, and limits on resources for the project were removed.

Brigadier-General Leslie R. Groves, himself an engineer, was now in complete charge of a project to assemble the greatest minds in science and discover how to harness the power of the atom as a means of bringing the war to a decisive end. The Manhattan Project (so-called because of where the research began) would wind its way through many locations during the early period of theoretical exploration, most importantly, the University of Chicago, where Enrico Fermi successfully set off the first fission chain reaction. But the Project took final form in the desert of New Mexico, where, in 1943, Robert J. Oppenheimer began directing Project Y at a laboratory at Los Alamos, along with such minds as Hans Bethe, Edward Teller, and Fermi. Here theory and practice came together, as the problems of achieving critical mass-a nuclear explosion-and the construction of a deliverable bomb were worked out.

Finally, on the morning of July 16,in the New Mexico desert120 miles south of Santa Fe, the first atomic bomb was detonated. The scientists and a few dignitaries had removed themselves 10,000 yards away to observe as the first mushroom cloud of searing light stretched 40,000 feet into the air and generated the destructive power of 15,000 to 20,000 tons of TNT. The tower on which the bomb sat when detonated was vaporized.

The question now became-on whom was the bomb to be dropped? Germany was the original target, but the Germans had already surrendered. The only belligerent remaining was Japan.

A footnote: The original $6,000 budget for the Manhattan Project finally ballooned to a total cost of $2 billion.

Source: Atom bomb successfully tested – Jul 16, 1945 – HISTORY.com

National Simplicity Day – July 12 | National Today

National Simplicity Day – July 12

National Simplicity Day – July 12

It’s time to get back to basics and celebrate National Simplicity Day! The holiday falls every year on July 12 in honor of the birthday of Henry David Thoreau, who was born that day in 1817. Thoreau was a jack-of-all-trades — an author, an environmentalist, an abolitionist, a poet — but you probably remember him from your high school English class mainly as a transcendentalist. He and his contemporary transcendentalists believed, in simple (see what we did there?) terms, that people have knowledge about themselves that “transcends” all the external forces in their lives. They advocated for living a simpler life to better get in touch with those feelings. Now we’re not telling you to abandon your life and go live in the woods for a few years, but we love the idea of taking the day to evaluate your life and find out what elements of it are simply the most important to you. So read on for some modern-day tips on how to celebrate National Simplicity Day — as Thoreau himself said: “As you simplify your life, the laws of the universe will be simpler.”

Source: National Simplicity Day – July 12 | National Today

Tickets On Sale to the NRA Carry Guard Expo-SEPTEMBER 14 – 16, 2018 | GREATER RICHMOND CONVENTION CENTER

SEPTEMBER 14 – 16, 2018   |   GREATER RICHMOND CONVENTION CENTER

 

                           THE FIREARMS EDUCATION EVENT OF THE YEAR!
Get the education and resources you need to responsibly defend yourself and your family at the only world-class exposition exclusively focused on concealed carry, personal protection and home defense.
Tickets On Sale Now
Open to the public with discounted rates for NRA members. Admission good for all 3 days of the Expo!
General Admission: $30
NRA Members: $20
NRA Life Members: $10
NRA Carry Guard Members: FREE
*Free admission with purchase or renewal of NRA membership

Source: Tickets On Sale to the NRA Carry Guard Expo

Burr slays Hamilton in duel – Jul 11, 1804 

In a duel held in Weehawken, New Jersey, Vice President Aaron Burr fatally shoots his long-time political antagonist Alexander Hamilton. Hamilton, a leading Federalist and the chief architect of America’s political economy, died the following day.

Alexander Hamilton, born on the Caribbean island of Nevis, came to the American colonies in 1773 as a poor immigrant. (There is some controversy as to the year of his birth, but it was either 1755 or 1757.) In 1776, he joined the Continental Army in the American Revolution, and his relentless energy and remarkable intelligence brought him to the attention of General George Washington, who took him on as an aid. Ten years later, Hamilton served as a delegate to the Constitutional Convention, and he led the fight to win ratification of the final document, which created the kind of strong, centralized government that he favored. In 1789, he was appointed the first secretary of the treasury by President Washington, and during the next six years he crafted a sophisticated monetary policy that saved the young U.S. government from collapse. With the emergence of political parties, Hamilton was regarded as a leader of the Federalists.

Aaron Burr, born into a prestigious New Jersey family in 1756, was also intellectually gifted, and he graduated from the College of New Jersey (later Princeton) at the age of 17. He joined the Continental Army in 1775 and distinguished himself during the Patriot attack on Quebec. A masterful politician, he was elected to the New State Assembly in 1783 and later served as state attorney. In 1790, he defeated Alexander Hamilton’s father-in-law in a race for the U.S. Senate.

Hamilton came to detest Burr, whom he regarded as a dangerous opportunist, and he often spoke ill of him. When Burr ran for the vice presidency in 1796 on Thomas Jefferson’s Democratic-Republican ticket (the forerunner of the Democratic Party), Hamilton launched a series of public attacks against Burr, stating, “I feel it is a religious duty to oppose his career.” John Adams won the presidency, and in 1797 Burr left the Senate and returned to the New YorkAssembly.

In 1800, Jefferson chose Burr again as his running mate. Burr aided the Democratic-Republican ticket by publishing a confidential document that Hamilton had written criticizing his fellow Federalist President John Adams. This caused a rift in the Federalists and helped Jefferson and Burr win the election with 73 electoral votes each.

Under the electoral procedure then prevailing, president and vice president were not voted for separately; the candidate who received the most votes was elected president, and the second in line, vice president. The vote then went to the House of Representatives. What at first seemed but an electoral technicality–handing Jefferson victory over his running mate–developed into a major constitutional crisis when Federalists in the lame-duck Congress threw their support behind Burr. After a remarkable 35 tie votes, a small group of Federalists changed sides and voted in Jefferson’s favor. Alexander Hamilton, who had supported Jefferson as the lesser of two evils, was instrumental in breaking the deadlock.

Burr became vice president, but Jefferson grew apart from him, and he did not support Burr’s renomination to a second term in 1804. That year, a faction of New York Federalists, who had found their fortunes drastically diminished after the ascendance of Jefferson, sought to enlist the disgruntled Burr into their party and elect him governor. Hamilton campaigned against Burr with great fervor, and Burr lost the Federalist nomination and then, running as an independent for governor, the election. In the campaign, Burr’s character was savagely attacked by Hamilton and others, and after the election he resolved to restore his reputation by challenging Hamilton to a duel, or an “affair of honor,” as they were known.

Affairs of honor were commonplace in America at the time, and the complex rules governing them usually led to an honorable resolution before any actual firing of weapons. In fact, the outspoken Hamilton had been involved in several affairs of honor in his life, and he had resolved most of them peaceably. No such recourse was found with Burr, however, and on July 11, 1804, the enemies met at 7 a.m. at the dueling grounds near Weehawken, New Jersey. It was the same spot where Hamilton’s son had died defending his father’s honor in 1801.

There are conflicting accounts of what happened next. According to Hamilton’s “second”–his assistant and witness in the duel–Hamilton decided the duel was morally wrong and deliberately fired into the air. Burr’s second claimed that Hamilton fired at Burr and missed. What happened next is agreed upon: Burr shot Hamilton in the stomach, and the bullet lodged next to his spine. Hamilton was taken back to New York, and he died the next afternoon.

Few affairs of honor actually resulted in deaths, and the nation was outraged by the killing of a man as eminent as Alexander Hamilton. Charged with murder in New York and New Jersey, Burr, still vice president, returned to Washington, D.C., where he finished his term immune from prosecution.

In 1805, Burr, thoroughly discredited, concocted a plot with James Wilkinson, commander-in-chief of the U.S. Army, to seize the Louisiana Territory and establish an independent empire, which Burr, presumably, would lead. He contacted the British government and unsuccessfully pleaded for assistance in the scheme. Later, when border trouble with Spanish Mexico heated up, Burr and Wilkinson conspired to seize territory in Spanish America for the same purpose.

In the fall of 1806, Burr led a group of well-armed colonists toward New Orleans, prompting an immediate U.S. investigation. General Wilkinson, in an effort to save himself, turned against Burr and sent dispatches to Washington accusing Burr of treason. In February 1807, Burr was arrested in Louisiana for treason and sent to Virginia to be tried in a U.S. court. In September, he was acquitted on a technicality. Nevertheless, public opinion condemned him as a traitor, and he fled to Europe. He later returned to private life in New York, the murder charges against him forgotten. He died in 1836.

Source: Burr slays Hamilton in duel – Jul 11, 1804 – HISTORY.com

Rhode Island Is Latest State to Pass New Gun-Reform Laws

 

Rhode Island on Friday became the latest state to pass new gun restrictions after several high-profile mass shootings over the last year.

Democratic Governor Gina Raimondo signed two provisions into law. One bans bump stocks, the devices that modify semiautomatic rifles into automatic-fire weapons. Though bump stocks rarely make an appearance in shootings, they were used to deadly effect by Stephen Paddock, who killed 58 people in Las Vegas last year. Since then, the federal government has moved to ban them, though that process could take years.

 

The other bill is a so-called red flag law, which lets authorities seize firearms from those whom they deem a risk to themselves or others. Rhode Island’s law allows state police to petition a state court for an “extreme risk protection order.” A judge can then permit authorities to take a resident’s firearms temporarily. The law allows the person in question a hearing within two weeks to assess whether such a seizure is warranted. Eight other states have similar laws on the books, including Florida, which passed one in the aftermath of the Parkland shootings in February.

The state’s House and Senate passed both bills overwhelmingly before Raimondo’s signature on Friday.

The new laws may seem like relatively piecemeal measures, but as the Providence Journal notes, “they were almost unimaginable as recently as two years ago at the Rhode Island State House, where the gun lobby has powerful supporters and lobbyists, including a former House speaker whose portrait literally loomed, from the wall, over past hearings on stymied gun-control measures.”

But the shootings in Las Vegas, Parkland, and Santa Fe, Texas, changed the equation.

The National Rifle Association fought against both bills, warning that the bump-stock provision was “poorly crafted” and “would put law-abiding competitive shooters in jeopardy of prosecution,” and that the red-flag law lacked due process.

The Parkland shootings, in which 17 people were killed at Stoneman Douglas High School, have had a particularly strong effect on gun-reform advocates nationwide. Over the last three months, at least eight states have toughened their gun laws.

The state banned bump stocks and set up a process to seize firearms from those deemed a risk.

Source: Rhode Island Is Latest State to Pass New Gun-Reform Laws

“Important Things To Consider During July 4th” – MTR Custom Leather

“Important Things To Consider During July 4th”

From the Point of View of God, Guns & MTR

 

Independence Day should be a time of celebration remembering what our founding fathers accomplished back in July 4th, 1776. July 4th should not be a time of worrying or in fear of being in public. However, the times that we live in, bring about those emotions. Bible 101: God does not bring about fear, faith instead. As one knows, we can not change our current surrounding or things that occur around us. But we all know who holds it all. However, what we can control is our attention to details and things to consider during the 4th of July. I will just cover a few of many things to consider below.

One topic, I want to bring about to your attention is recognizing and being mindful of carrying concealed on the special holiday. As we all know the holidays, special occasions and large events bring about a large amount of people and all kinds of people. Carrying your weapon in this type of environment can be done, but things need to be taken into consideration.

101 conceal carry: pay attention to your surrounding and people in your area and carry your weapon concealed where people can not see it. Concealed carry can easily be accomplished by using a MTR Custom Leather, LLC IWB (inside the waistband) holster or using a high riding OWB (outside the waistband) holster. However, one should consider the attire that one wears with concealing there weapon. During the summer people like to wear less and less clothing or more fitting clothing to show off their body (“May God Be With Them”). Back to conceal carry 101, don’t bring attention to yourself while carrying concealed and don’t wear something that will easily identify that you are carrying. Now what I’m about to tell, please don’t take the wrong way and keep in mind I am only bringing about these things to consider when carrying in areas with lots of people, not carrying all the time. I, myself like to wear combat boots, gun related t-shirts and gun jewelry. Wearing these items in public around a large amount of people can bring to someone’s attention, “Hey I bet they carry,” “Look at that 38 special bullet around her necklace,” “I wonder if she is a cop,” ………..I think you get the point where I am heading, so we will skip to the next thing to consider when carrying concealed during July 4th.

So now we know what to consider wearing during the 4th. Let’s move to awareness of your environment. Lot’s of  fireworks, food, children, elderly, activities, drinking, criminals, drugs, loud music, etc. According to wiki, awareness definition: “is the ability to directly know and perceive, to feel, or to be cognizant of events. More broadly, it is the state of being conscious of something”. Be aware of your surroundings and current situation and people. Watch out for people who may be intoxicated or stoned on drugs or anyone who looks suspicious. I know it states in the bible not to judge anyone and you shouldn’t, but God does warns of evil in the world that we should be slow to hear, slow to speak, steadfast and warning us of drunkenness and what it brings about (foolishness). Let’s throw a situation in the air to consider if it happens and what to do. If someone approaches you that has had a few too many alcoholic drinks and is maybe looking for a confrontation. First remove yourself from the situation and don’t give in to. Bible 101: James states, “Blessed is the man who remains steadfast under trial, for when he has stood the test he will receive the crown of life, which God has promised to those who love him”. Okay back to the situation, let’s get a little deeper, the drunkard decides to attack you. First thought defend yourself, but don’t try to make the situation worst. Bible 101: WWJD? Better to leave the situation and let the fool shoot his mouth off  than anything else be shot off. Holster 101: if someone dose approach you, please make sure your holster is made to fit your weapon exactly (like MTR does) to assure adequate retention of the firearm. Retention is a vital and most important when carrying your weapon in any given situation. On the other hand, be aware of police, ems and people that can help during any given situation that may occur. Be aware of all points and directions of exit. Be aware of where you park your vehicle. There is several of other things to consider when carrying your weapon in areas of several people. I could write a book. I will leave you with this last thought (bible 101) John, “When the spirit of truth comes, he will guide you into all the truth, for he will not speak on his own authority, but whatever he hears he will speak, and he will declare to you the things that are to come”. Listen to your inner spirit as the good Lord above instructs!

 

 

 

 

Source: MTR Custom Leather, LLC author

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