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Negative And Positive Spin On Pending National CCW Legislation

First a NEGATIVE, in part…

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Tenth Amendment to the Constitution of the United States

From time to time I read about proposals for a national law requiring reciprocity of concealed carry permits between the states. The most recent example is the Constitutional Concealed Carry Reciprocity Act, introduced by Senator John Cornyn, R-TX.

Sadly, I have some bad news about this proposal, and about a national CCW reciprocity law in general: It would be unconstitutional under the Tenth Amendment.  (Fill Yer Hands)

Second, a POSITIVE response, in the comments…

14th 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.

Section 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.

Simply declare that the Right to Keep and Bear Arms is a fundamental right, that denial of the right to carry a firearm for lawful self defense is denial of liberty, and that this law is passed under Congress’s 14th Amendment power to enforce, by appropriate legislation, the liberties of our citizens.  (Sean D. Sorrentino)

I believe Sean with the Internets with this one!

Of course, I’m certain the federal government probably disagrees with both gentlemen’s assessments.

Especially, that constitutional law professor in The White House.

Residency Requirements Struck Down!

Go Rick Go!“We” score a Victory – and Alan too!
Civil Rights UpdateOpinion in PDF via InstaPundit

From the CONCLUSION:

Accordingly, the Court DECLARES that 18 U.S.C. § 922(a)(3), 18 U.S.C. § 922(b)(3), and 27 C.F.R. § 478.99(a) are UNCONSTITUTIONAL, and Defendants are ENJOINED from enforcing these provisions. The Court will issue its final judgment separately.

SO ORDERED on this 11th day of February, 2015.

[Emphasis in the original]

Related:

Civil Right Victory in Federal CourtShall Not Be Questioned
Win in Court!, Breaking News- Maddened Fowl
Ban on FFL handguns sales to nonresidents struck down!Of Arms & the Law

Courtesy of Not Clauswitz et al

In English  – Non-residents may now purchase firearms in Texas, and presumably anywhere else it is legal.

Could removal of ridiculous restrictions on citizens BE any cooler?  – Chandler Bing

Of course, this was from a federal district court.  And as the bloggers above suspect, until there is an edict from the BATFE, I don’t see much of this kind of activity.

I see a Supreme Court battle in our future.

Drug Stores

Remember when we called a spade a spade?  Not pharmacies?

I remember, as a grade-school kid, going into Skaggs Drug and buying CP potassium nitrate in 4 oz. bottles.  No one questioned me.  There were no forms to fill out.  No one asked if I was making rocket fuel or gunpowder from it.  (I was!)

And I still have all my eyes, hands and fingers!

Here it is some 50 years later, and my roommate not only acquired the crud I had (and am finally getting over, thank you!) but it progressed into some kind of respiratory infection.  Antibiotics and numerous pills later, she too is finally getting better.

And one of the medications prescribed was sudephedrine.  You know, the stuff that can be distilled into methamphetamine. 

And I had to present my driver’s license (which they swiped into the cash register computer system) and then sign for it.  For the 12 tablets!

Not only am I annoyed at this invasion of privacy, but for THIS amount?  When the Mexican cartels are buying it by the ton and making meth and exporting it here?

PITA.

The Travis McGee Reader recounts a similar story.  Go there and read it.

The shed a tear for our loss of more freedom, once again.

And, if you can, go launch a bottle rocket.bottle rockets

D’UH! (How DOES One Say D’UH in Hebrew?)

One of Europe’s most prominent Jewish organizations is petitioning the European Union to pass new legislation that would permit Jewish community members to carry guns “for the essential protection of their communities,” according to a letter obtained by the Washington Free Beacon.

Sadly, a leader in the European Jewish community  NAMED COOPER (ironically), disagrees.

Rabbi Abraham Cooper, associate dean of the Simon Wiesenthal Center, said that while guns could help Jews defend themselves against an individual attack, only authorities can protect them against a mass attack like those carried out in France.

“As to personally being armed, such a move could help when a Jewish person is threatened by thugs, but won’t help if G-d forbid, Charlie-type terror attacks are launched,” Cooper said.

And, of course, the ever more anti-Semitic Europe will continue to debate this, while not only the Jewish community, but most Europeans, are unable to defend themselves against crime or terror.

Except, of course, the Swiss!

While France, in response to the recent attacks, pushes for MORE gun control laws!

D’UH, indeed.

h/t Firehand

Bureaucratizilla On Your Doorstep

Or on your physician’s computer…

The Weekly Standard shared with us the following, in part:

This week, the Department of Health and Human Services (HHS) announced the release of the Federal Health IT Strategic Plan 2015-2020, which details the efforts of some 35 departments and agencies of the federal government and their roles in the plan to ‘advance the collection, sharing, and use of electronic health information to improve health care, individual and community health, and research.’” [emphasis added]

What departments and agencies?

Check out this list:

  • Administration for Children & Families
  • Administration for Community Living
  • Agency for Healthcare Research and Quality
  • Centers for Disease Control and Prevention
  • Centers for Medicare & Medicaid Services
  • Department of Agriculture
  • Department of Defense
  • Department of Education
  • Department of Justice and Bureau of Prisons
  • Department of Labor
  • Department of Veteran Affairs
  • Federal Communications Commission
  • Federal Health Architecture
  • Federal Trade Commission
  • Food and Drug Administration
  • Health Resources and Services Administration
  • HHS Assistant Secretary for Financial Resources
  • HHS (Health and Human Services) Assistant Secretary for Health
  • HHS Assistant Secretary for Legislation
  • HHS Assistant Secretary for Planning and Evaluation
  • HHS Assistant Secretary for Preparedness and Response
  • HHS Office of the National Coordinator for Health Information Technology
  • HHS Office for Civil Rights
  • HHS Office of the Chief Information Officer
  • HHS Office of the Chief Technology Officer
  • HHS Office of the General Counsel
  • HHS Office of Minority Health
  • HHS Office of the Secretary
  • Indian Health Services
  • National Aeronautics and Space Administration
  • National Institutes of Health
  • National Institute of Standards and Technology
  • National Science Foundation
  • Networking and Information Technology Research and Development
  • Office of Personnel Management
  • Social Security Administration
  • Substance Abuse and Mental Health Services Administration

(from Rob Douglas)  As an information security expert, I can tell you that there is no way – NO WAY – that the feds will be able to keep your health records secure with that many federal agencies having some type of access.

HIPAA be damned (apparently)!  And what do 90% of these agencies have to do with my (or your) personal health!?  Not to mention them sharing information with the FBI and BATFE (through the DOJ).

Don’t fear the government – fear the power of unfettered bureaucracy.  –  Guffaw

Living Off The Grid

pipe dream

pipe dream

Not me.

Not for lack of wanting to.

Back in the 70’s, some of my libertarian (small L) brethren and I mused about what it would take.  And, what living off the grid meant for us.  It did not mean creating some faceless corporation with innocuous fictional officers to purchase a plot of land in the middle of nowhere and moving there with a solar-powered trailer adjacent to a spring.

And with enough ammunition, fishing line and traps to get indigenous game for the rest of our natural lives.

(I’ve blogger friends who have accomplished something close!)

It meant having the option of leaving less of a trail.  Driver’s licenses and credit cards mailed to private post office boxes.  Passports in fictional identities.  Sufficient amounts of cash and gold to fund our meager lives.

With less government interference or surveillance.

Of course, doing all this was a pipe dream for those of us young punks with minimum-wage incomes.  Little did we know that BIGGOV would be in our future to such a degree that getting the gov’t-approved documentation would become much more difficult, expensive and illegal in the ensuing years!  There was a time if there was no criminal intent, there was no crime.  And, if so, it might become a misdemeanor.

Now, it’s a felony, intent regardless.

And we didn’t anticipate The Internet.  Or drones.  Or cellular telephones.

And, not only am I back to a meager income, but, it’s overseen by the government, due to my disability!

And now much of our movement and travel is monitored, as are financial transactions and Internet activity and Email.

I cannot afford to move to Costa Rica, or San Marino.  And I don’t speak their indigenous languages.

Hell, I can’t afford to move 10 blocks…they speak Spanish there, too!

Yep, a pipe dream…

I was in marriage counseling 28 years ago…

This is not a manner of confession, but rather an observation.  (And also why I generally keep my real identity in this blog anonymous)  There is a push to include mental health as part of the record used to do government-sponsored background checks prior to the purchase of a firearm.  If we knew these records would be kept private, and only persons who were a definite threat to others were denied, I might get on board with such a system.  If I thought free commerce restriction was the government’s business.

However, based on what has happened in New York and elsewhere (confiscations-after-the-fact) and the government is defining inappropriate mental health for firearms ownership in the most loose of terms (like being prescribed an antidepressant or visiting a therapist for any reason) I must conclude that is simply another tentacle in the gun people control web.

The number of mental health records in the federal background-check system has more than tripled since 2011 (WaPo)

So much for HIPAA, and medical privacy.  After all, it’s the government’s business if you are in marriage counseling, or slightly depressed, or a good friend just passed away.

Because we’re all so fragile we might off ourselves, or others.

With evil guns.

BTW, both the ex-wife and I have owned firearms.  And currently live 1/4 mile apart.  And nothing has happened between us violently.  In fact we are friends.

I hope my record isn’t in the system(?)

YRMV

h/t Say Uncle

“BURN THIS BITCH DOWN!”

So said (on camera) Michael Brown’s stepfather after the announcement of no true bill was made by the Ferguson prosecutor.

Rumors are The United States Department of Justice will be pursuing civil rights charges against Officer Darren Wilson.

No word as to whether or not Michael Brown’s stepfather will be brought up on inciting to riot charges…

destroyIf the above protestor’s sign is true, wouldn’t there be many more Black folks killed by White law enforcement officers than Black folks killed by other Black folks?

AND, if it is true, shouldn’t the reverse also be true?  Shouldn’t this Constitutional Republic Nation be charged with capturing and imprisoning all the folks, who by their selfish acts of violence, thievery and terrorism, are trying to bring down the Nation?  Isn’t the above suggesting insurrection and treason?

I know what some of you are thinking.  You are thinking protest is allowed.  A Right.  It certainly is.  Lawful protest, for a redress of grievances.

This doesn’t include destruction of property, and looting.  Never has looting been a form of protest.  It is a form of burglary and vandalism.

But (you say) the Founding Fathers destroyed property as a form of protest!  Remember The Boston Tea Party?

It’s true, not only did the Founding Fathers and their brethren (and sistern) destroy property – they killed officers of the British Crown.  And denied allegiance to the same.  TREASON.

They already had concepts of a replacement government in place when they did so.  I don’t think the protestors burglars and vandals in Ferguson have such an agenda.  I think most of them are self-serving useful idiots of Lenin.

And while we’re on the subject of Tea Parties.  The Left has branded ‘the Tea Party movement’ as racist, largely because anyone against the President’s agenda is colored racist.  No (or scant) evidence.  The Big Lie.  A Big Lie repeated often enough is perceived as truth.  And that it was an idea from a Nazi the protestor above is using to further an agenda.

A Nazi who would have killed her just as soon look at her.

If only these protesters had read history, including the Rev. Dr. Martin Luther King’s writings on non-violent protest…

Sigh.

h/t Theo Spark

Guilty Until Proven Innocent

There are some allegations so heinous, if someone already looked askance at one, it is assumed one is guilty.  (Michael Jackson comes to mind)

And we all know about assuming…(Thank you, again Don Brown!)

0826-william-hayden-mug-wm2-1There has been a ‘news’ story floating around the past few days regarding Will Hayden, formerly of The Discovery Channel’s Sons of Guns.  His ex-wife (or girlfriend) is alleging Mr. Hayden repeatedly raped their minor daughter, starting at age 11.

It may be assumed (there’s that word, again) that Mr. Hayden has substantial assets ripe for the attachment, and that as his persona was that of a cool, somewhat likeable, no-nonsense hard ass on the TV show, that these allegations might be spurious.

Of course, who knows?

I’ve a good friend for many years who was sexually abused by both her father and uncle – both of whom were upstanding community leaders – and they never were brought to justice for their crimes.  I also know two men who were childhood victims of relatives.  One perpetrator was a woman.

No justice for these folks was ever found.

My point is we don’t know the truth, yet, about Mr. Hayden.  The Discovery Channel has sought to distance itself from the TV show and Mr. Hayden.

Is this simply an evil woman bringing unfounded charges to gain wealth, or vengeance, or is the evil in Mr. Hayden?

Regardless of the truth, I believe too much of this kind of heinous crime occurs, without earthly consequence.

Perhaps there is other-than-earthly consequence for such evil persons?

I certainly hope so.

(While I believe in ‘the system’, and ‘due process’, persons who destroy the lives of children in this manner should be drawn and quartered – Guffaw)

 

Gun Free Victim Zones Create ‘Sitting Ducks’ Says Federal Judge!

(Courtesy of Fill Yer Hands, in part)

In a landmark ruling today (08-16-14) in the lawsuit against Cinemark by victims of the Aurora, Colorado theater shooting, US District Court Judge R. Brooke Jackson ruled that because they are Gun Free Victim Zones,

“the patrons of a movie theater are, perhaps even more than students in a school or shoppers in a mall, ‘sitting ducks.’”

This means that the owners of the Century Aurora 16  Theater should have known its patrons faced a risk, and taken steps to protect them, which they did not.

Perhaps this is FINALLY the beginning of the end of forced victim, free-fire, targets-of-opportunity zones.  Now, if we can extend this to all schools, colleges, churches and government buildings, we can take back some of our sovereignty!

And our right of self defense.

"One morning I shot an elephant in my pajamas - how he got in my pajamas I dunno!" - Groucho Marx as Captain Spaulding in Animal Crackers

This election is not about who gets voted off the island.
It’s about who is at the tiller of this Republic’s Ship of State. - Guffaw

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The Four Rules

1. ALL GUNS ARE ALWAYS LOADED.

2. NEVER POINT YOUR MUZZLE AT SOMETHING YOU ARE NOT WILLING TO DESTROY.

3. KEEP YOUR FINGER OFF THE TRIGGER UNTIL YOUR SIGHTS ARE ON THE TARGET AND YOU ARE READY TO SHOOT.

4. KNOW YOUR TARGET AND WHAT'S BEYOND.

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FEAR

"I must not fear. Fear is the mind-killer. Fear is the little-death that brings total obliteration. I will face my fear. I will permit it to pass over me and through me. And when it has gone past I will turn the inner eye to see its path. Where the fear has gone there will be nothing. Only I will remain." - Bene Gesserit, from Frank Herbert's Dune

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