Archive for the 'Gun Control' Category



Florida Open Carry Court Judgment

BY Herschel Smith
3 months ago

Yet again someone has had to file an open carry bill for Florida.

A Labor Day weekend glass bottle attack of two Pennsylvania students wearing yarmulkes has prompted Rep. Randy Fine, R-Brevard, to renew his pledge to file legislation to repeal Florida’s “gun-free zone” for state college and university campuses.

Fine’s pledge comes in the wake of gun activists filing a federal lawsuit in South Florida to have Florida’s open-carry ban declared unconstitutional, and after Gov. Ron DeSantis and the Republican Legislature earlier this year eliminated a requirement for a concealed weapon permit to carry firearms in public.

Gunowners of America, which filed the lawsuit, said this year’s changes in Florida gun regulations did not go far enough and criticized DeSantis for not pushing for further expansion of Second Amendment rights.

Fine has stepped into the middle of the standoff between Second Amendment activists and Republican lawmakers.

GOA Florida Director Louis Valdes said open carry and campus carry top the group’s agenda for the 2025 legislative session.

But there is more. Here is a court complaint on open carry, and here is the default judgment after there was no response by the state.

But somehow with the awful controllers there in Florida, I don’t think we’ve seen the end of this. I know what they’re thinking. They worry about their tourism income, but so did South Carolina (in the beach area) and yet they have seen no change whatsoever and no vapid, panicked phone calls to the police about a man carrying a gun.

We’ll see where this all goes. I will follow Florida open carry just like I always have. It’s one of the few states left with laws against open carry, and both the state legislature and Ron Desantis should be ashamed of themselves.

FBI/NICS Authority Over Ammunition Purchases

BY Herschel Smith
3 months, 1 week ago

David Codrea.

In June, instead of producing what was asked for, the FBI returned copies of two nonresponsive Code of Federal Regulations (CFR) sections anyone can pull off the internet. Neither even remotely address the scope of the request.

“It’s clear that the FBI has no intention of responding, which makes fair another question,” I observed. “Why?”

The final straw came this Tuesday, when my attorney Stephen Stamboulieh, received a response from DOJ’s Administrative Appeals Staff Chief Christina Troiani in which she told him, “After carefully considering your appeal, I am affirming the FBI’s action on your client’s request… I have determined that the FBI’s response was correct and that it conducted an adequate, reasonable search for responsive records subject to the FOIA.”

To paraphrase, we’re not going to tell you. Deal with it.

The Congress could get involved, but honestly, there is a way to conclusively and decisively deal with this. Defund the FBI. Remove all funds for operation and salaries forthwith.

That would stop the infringements, but since they fear the FBI, just like they fear the CIA, they won’t do it.

So the problem will continue.

This is not what the founders intended, and not what the covenant and contract with America called the BoR says.

Gun Control Tags:

You Think the SCOTUS Will Finally Take an AWB Case?

BY Herschel Smith
3 months, 1 week ago

Me neither.

They’ve run for years from this issue like scared little girls and will continue to do so.

DOJ Arguments in Unserialized Firearms Case

BY Herschel Smith
3 months, 1 week ago

Remember folks. Every lawyer working for the DOJ is a practicing attorney and officer of the court and has sworn an oath to uphold the constitution. The head demon at the DOJ is chief of oath breakers.

You know the difference between a sperm cell and a lawyer? The sperm cell is a one in a billion chance of becoming human.

Honestly though, I probably shouldn’t tell lawyer jokes since I’m not even a lawyer. Hey, I don’t even know what puppy meat tastes like.

In Case You Were Wondering

BY Herschel Smith
3 months, 1 week ago

Court tosses Missouri law that barred police from enforcing federal gun laws

BY Herschel Smith
3 months, 4 weeks ago

AP.

COLUMBIA, Mo. (AP) — Federal appellate judges overturned a Missouri law Monday that banned police from enforcing some federal gun laws.

The 8th U.S. Circuit Court of Appeals found the Missouri law violated a section of the U.S. Constitution known as the supremacy clause, which asserts that federal law takes precedence over state laws.

“A State cannot invalidate federal law to itself,” 8th Circuit Chief Judge Steven Colloton wrote in the ruling.

Missouri’s Republican Attorney General Andrew Bailey said in a statement that his office was reviewing the decision. “I will always fight for Missourians’ Second Amendment rights,” he said.

We’ve discussed this before and we knew this would happen. For preemption laws, the state must be ready to use force, or the threat of force.

More than that, the simplest solution to this is to ensure that all local, county and state LEOs who would have a predilection to enforce federal gun control laws are fired or drummed out of office.

Snope v. Brown (formerly Bianchi v. Frosh) Maryland AWB Appealed to the Supreme Court

BY Herschel Smith
4 months ago

First, by FPC. Here is the Petition for Writ of Certiorari. The full case files can be found here.

Next, by the SAF.

Of course, if granted, these petitions will be combined.

Personally, I hope that FPC gets through the wall of refusal the supreme court has set up against hearing AWBs. I will never forgive Alan Gottlieb for his embracing of so-called “smart guns.”

Kamala Harris on Guns

BY Herschel Smith
4 months, 1 week ago

This is what she believes. When she tells you she believes this, listen to her.

Of course, this has nothing whatsoever to do with public safety or violence as you know.

It all has to do with there being a monopoly on power, that monopoly belonging to the state. They only do that if they intend on foisting something on you (with violence if necessary) for which you would respond in kind.

Differing Views on the Fourth Circuit Upholding the Maryland AWB

BY Herschel Smith
4 months, 1 week ago

First up, Mark Smith gives his take. Mark always seems optimistic about things, and I fear that he may be projecting his own knowledge and honesty onto the supreme court justices. In this particular analysis, he goes into great depth on the games played in the fourth circuit. As I’ve said before, I have as much use for the fourth circuit as I do my toe jam.

I predict that the supreme court will allow the fourth circuit to get away with the disrespect and malfeasance.

Next up, there is James Reeves. He points out that there are other cases of AWB that were fully finished in appellate court that the supreme court refused to take up.

Thus, James is in my camp. The supreme court is running from this issue, and they have been for years. They want the second amendment to be something other than amelioration of tyranny, something palatable to the inside-the-beltway types. Even Scalia wanted that and bowed to the demands of the libs on the court.

The only legitimate justice on the court right now is Clarence Thomas. There are two others that I can think of who would make great justices: James Ho, and Don Willett. Only addition of men like these can every possibly bring back the court to its roots.

Surprising Ruling on AWB From NJ

BY Herschel Smith
4 months, 3 weeks ago

So maybe now since there are conflicting opinions on the AWB, the supreme court will take up the issue.

Nah. They’ll keep running from it like screaming little girls.


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