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NYC Caves on Gun Law to Avoid a Second Amendment Showdown at SCOTUS. Will It Work?

When the Supreme Court comes back to work in the fall, it’s currently scheduled to take up its first big gun rights case in a while, but not if the city of New York has its way.

The question to be decided in the case of New York State Rifle & Pistol Association Inc. [NYSRPA] v. City of New York, New York — which the Supreme Court agreed in January to take up — is whether New York City’s laws about transporting a licensed, unloaded, and locked firearm to a residence or shooting range outside the five boroughs is consistent with the Second Amendment.

Now, however, New York City claims that because it finally eased the restrictions on transporting firearms for the city’s licensed gun owners, there’s no longer a controversy that requires the Supreme Court’s review of the matter.

“Independently and together, the new statute and regulation give petitioners everything they have sought in this lawsuit,” the city’s legal team argued in a court document in July.

“Time and again, therefore, this Court has ordered cases dismissed … where intervening developments seemingly mooted a case but plaintiffs nonetheless implored the Court to decide it,” the city added. “Put another way, [the Supreme Court] may not ‘rule on a plaintiff’s entitlement to relief’ simply because he ‘won’t take “yes” for an answer,’” the city suggested, citing a previous opinion by Chief Justice John Roberts.

Lawyers for the NYSRPA responded to the city’s position with a letter saying that the case should still go before the Supreme Court.

“Whatever the merits of respondents’ mootness arguments, there is no reason to validate respondents’ efforts to deviate from the ordinary procedures for bringing those arguments before this Court,” the letter says.

The Supreme Court, according to the Washington Post, has told both parties involved to continue filing briefs on the matter and that the court will decide before the October session begins whether to hear the case or not.

The city’s policy reversal came after the city successfully defended the regulations in both federal district and appeals court, the Post pointed out, suggesting that the city doesn’t think it has much of a chance of success in front of the current court, with Trump-appointed Justices Neil Gorsuch and Brett Kavanaugh.

If the court still decides to press ahead and hear the case despite New York City’s mootness claims, a final decision would come out well before the 2020 general election and possibly during primary season. (For more from the author of “NYC Caves on Gun Law to Avoid a Second Amendment Showdown at SCOTUS. Will It Work?” please click HERE)

Follow Joe Miller on Twitter HERE and Facebook HERE

Republicans Should Jump to Push for Our Security and Self-Defense

This time last year, we were well into the border crisis, which has spawned a massive gang, drug, and criminal alien crisis, not to mention a huge fiscal drain on Americans. Republicans had control of all three branches of government and refused to act on anything from the border wall and drug cartels to sanctuary cities and transnational gangs. Fast-forward to a year later, and they still have done nothing, but they did give Democrats everything they wanted on the budget, which destroyed our leverage on every issue. Now, they finally found an urgency to act on public safety, but only in the exactly wrong way. They have now agreed to the entire premise of the Left on guns.

There is no middle ground. You either believe guns kill and that taking guns away from law-abiding citizens helps public safety, or you believe it is evil people who kill and that letting out bad guys from prison while taking away guns is a recipe for Baltimore. Republicans have long believed the latter, and the issues of guns and crime were the only issues where Republicans have held the line this past generation. Now, in one fell swoop, they have joined the Left on “criminal justice reform,” aka jailbreak, and are attacking guns as the source of the violence problem. The zeal they never exhibited to act on senseless murders committed by people who should never have been in the country is now evident in casting a wide net on constitutional liberties and due process.

In July, I called for Republicans to stay in session all of August to focus on a safety and security agenda for our border and to counter sanctuary cities. Now, while they didn’t decide to come back to town yet, GOP leaders have already tasked members with plans to immediately push for gun control in September, including bills to take away guns without due process while echoing and legitimizing the entire Democrat thesis on this issue. As Rep. Thomas Massie said on my podcast this week, so-called “red flag” laws will violate due process for a large number of people. This is all about going after objects, not dangerous people.

Republicans failed to push a safety and security agenda with suburban voters for years and refused to hold Democrats accountable for their increasing hostility toward locking up criminals. They refused to hold them accountable for letting out criminal aliens, including child sex offenders, rather than deporting them from our communities. They refused to utter a peep over one MS-13 mass murder after another when prosecutors said they are directly related to the border flow. They refused to push action on enforcing current immigration laws when one innocent victim after another was needlessly murdered because sanctuaries released already known violent criminals in defiance of numerous ICE detainers. Now, they’ve ceded the entire security agenda to the Left.

Billy Chemirmir, a Kenyan national who overstayed his visa, is now accused of killing 19 people, almost all elderly women, most of whom he killed with nothing more than a pillow. That is almost as many fatalities as in the El Paso shooting, and police suspect there may have been more victims. This was done by someone who should never have been allowed to stay in the country. Even after he found a way to get status, he was arrested for multiple DWIs and assault resulting in bodily injury. He should have been deported. Yet not only is there no inquiry from Mitch McConnell or the Trump administration into what legislation could be passed to close “the criminal alien loophole,” they won’t even talk about this, so no American even knows it happened.

If Republicans would relentlessly focus on these cases as much as Democrats focus on their agenda, the American people would see the absurdity of legislating on objects, when the real issue is going after bad people, especially those who could easily be removed from the country. There is not a single law anyone can point to that would have prevented the El Paso shooting. But simply enforcing immigration laws on someone known to law enforcement numerous times could not only have prevented 19 murders, he could have been completely removed from the country.

The Democrat position is clear. They want open borders, endless cartels and MS-13 in our communities, sanctuary cities, to abolish prison, to abolish ICE, and unvetted migration from the Middle East, and yet they want to take away guns from law-abiding citizens. But what is the GOP position? Rather than holding Democrats accountable for these views and pushing the exact opposite agenda, they offer a faint echo for the Democrat agenda. Why would voters turn to the GOP if both sides admit that gun control is the key to security and one side is doing it more reluctantly?

Republicans need to return to Washington immediately and promote a safety and security agenda rooted in locking up criminals and protecting the right of law-abiding Americans to arm themselves. They should push one vote after another on the following ideas:

Toughening sentences for gun and other violent felons;

Fixing court loopholes that have recently allowed violent criminals to be released early;

Punishing sanctuary cities;

Designating MS-13 and the cartels as terrorists;

Launching an investigation into what really happened in the Las Vegas shooting, the most deadly of all;

And finally, they should fulfill their original promise to pass right-to-carry reciprocity legislation.

The last point provides Republicans with an easily articulated alternative to the Democrat position of “disarm the public and let criminals out of jail.” Nobody can say with a straight face that a single one of the proposed ideas on gun control and red flag laws, which will implicate First and Second Amendment rights as well as basic principles of due process, would have done anything to stop these attacks. Bad guys are still going to get guns. Once a bad guy has access to a gun, what is the point of banning the right to carry – even from the liberal perspective? Why would anyone intent on committing mass murder be dissuaded from carrying a weapon to the place he plans to commit the atrocity? It’s only law-abiding citizens who will listen to those laws, which is a recipe for disaster.

That has always been the position of the Republican Party. Why are they incapable of going on offense now? They need to push right-to-carry legislation and repeal gun-free zones, which would be comical if they weren’t so tragic.

There is no greater opinion poll that market forces. People vote with their pocketbooks. The reality is that women are the fastest-growing demographic of gun owners. There is also an increase in inquiries for concealed carry permits following the shootings. Clearly, people want to feel secure and have the ability to defend themselves now more than ever. Now is the worst time to run from a self-defense agenda and cede safety and security to the party of anarchy.

Sadly, Republicans refuse to raise outrage over sanctuary cities, gangs, and cartels. They refuse to raise outrage over the drug crisis plaguing so many suburban families as a result of empowering the cartels with open borders. And when it comes to being tough on crime, Republicans have downright agreed with Democrats on the need to empty out the prisons rather than shaming Democrats for their position. Thus Republicans have destroyed all their ammo in this fight.

Republicans have won on the issue of security for decades. It has been the last issue holding the party together after they essentially ceded every fiscal and social issue to the Left. For them to lose on security with suburban voters would be the final act of malpractice rendering this party beyond worthless. (For more from the author of “Republicans Should Jump to Push for Our Security and Self-Defense” please click HERE)

Follow Joe Miller on Twitter HERE and Facebook HERE

The Second Amendment Sanctuary Movement Comes to a New State

Local officials in Paris, Maine, voted to declare their town a “Second Amendment sanctuary,” joining a pro-gun movement that is sweeping liberty-loving jurisdictions across the United States.

Paris’ board of selectmen approved a sanctuary resolution Tuesday night, according to the Lewiston Sun Journal.

“A lot of us believe it’s a right that we have and a right we’d like to keep,” Board Chairman Rusty Brackett said of the pro-gun-rights decision, which he added was mostly symbolic at this point, a local CBS affiliate reports.

“I don’t even want to say, ‘If push comes to shove,’ but ideally, if push comes to shove, do we have the right to say, ‘No, not in Paris?’” Brackett also said. “We’re a constitutional town.”

Local governments and law enforcement officials throughout the country have responded to state-level gun control laws by declaring Second Amendment “sanctuaries” that pledge to protect citizens’ gun rights by not enforcing measures that they say run afoul of the Constitution.

The movement has seen a lot of traction in western states including New Mexico, Nevada, and Washington, but the Paris selectmen’s decision brings it to America’s easternmost state.

Maine legislators have been considering gun laws that would include a so-called “red flag” confiscation bill, which would allow judges to take someone’s guns away if that person were deemed to be a threat to themselves or others. A similar bill was passed by Maine lawmakers last year, but was vetoed by Republican Governor Paul LePage.

While gun control groups see the confiscation effort as a means of preventing potential tragedies, gun advocates warn that such measures are ripe for abuse. Gun Owners of Maine President Todd Tollhurst warned that last year’s bill would have allowed spurned romantic partners to have someone’s guns confiscated by court order.

“So basically anyone can attack your gun rights,” Tolhurst said in a Bangor Daily News report. “All they have to do is tell a little lie that cannot be discovered.”

Paris, Maine, isn’t the only New England locality that has considered the sanctuary option for its citizens’ gun rights; a Rhode Island state senator is encouraging municipalities in his home state to declare themselves Second Amendment sanctuaries as well. (For more from the author of “The Second Amendment Sanctuary Movement Comes to a New State” please click HERE)

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New Zealand’s Knee-Jerk Gun Ban Is EXACTLY Why We Have the Second Amendment

Thank goodness we have the Second Amendment. I say that a lot, but I’m especially grateful after seeing the latest news out of New Zealand.

Less than a week after the mosque shootings in Christchurch, New Zealand has moved to ban and confiscate semi-automatic long guns.

The bill bans so-called “military style semi-automatic firearms,” which according to the bill are any rifle or shotgun that accepts a detachable magazine that holds more than five rounds. But .22 and smaller-caliber arms are exempt, so everybody’s varmint guns are safe.

And, according to reports, the legal owners of now-illegal hardware will be entitled to “fair and reasonable” compensation through a buyback program that’s expected to cost a couple hundred million dollars.

How generous.

Naturally, Democratic presidential candidate Sen. Bernie Sanders, I-Vt., says that we “must follow New Zealand’s lead.”

This is exactly why we have the Second Amendment. Whatever government currently in power in the U.S. cannot push through a ban like this or anything close to it because of our constitutional protection of the right to bear arms.

Gun bans like this frequently follow on the heels of a heinous violent crime, when people are thinking least clearly about the issue. We don’t think clearly when we’re dealing with grief and trauma. That’s just a fact. And just as it’s common for individuals to make sweeping, ill-advised life changes in the wake of personal tragedies, it’s possible for large groups of people to do ill-advised things in the wake of public tragedies, like give up their ability to defend themselves.

That’s what happened with Britain’s big gun ban in the 1990s, the same with Australia, and the same now with New Zealand. And it’s the exact tactic the anti-gunners in this country employ when they immediately try to use human suffering to push for more gun control. It took New Zealand less than a week to enact this gun-grab.

In response, you have folks like the New York Time’s token alleged conservative Bret Stephens, who piggybacks on tragedy to call to repeal the Second Amendment so that we can pass more gun control. Without 2A, a Democrat-controlled Congress could probably beat New Zealand’s time at passing a gun ban in the future.

That’s just one thing that’s so great about having a Constitution that’s hard to change by design and has language specifically protecting the right to keep and bear arms. Every human being is born with the intrinsic right to defend themselves. Period. Our Founders knew this and wisely put a backstop in place that keeps reactionary impulses from trampling over that right.

Knee-jerk gun ban proposals in reaction to horrible events don’t get to use an express lane. Activists typically have to spend a lot of time convincing a lot of people of their position if they really want to change the document. That’s a feature, not a bug.

Because, for the record, once again: Gun bans only affect the law-abiding; the best defense against a bad guy with a gun is the ability to fire back; and the warm and fuzzy feeling people might get from passing new gun control laws won’t stop a bullet when a wicked person breaks them. (For more from the author of “New Zealand’s Knee-Jerk Gun Ban Is EXACTLY Why We Have the Second Amendment” please click HERE)

Follow Joe Miller on Twitter HERE and Facebook HERE

The Second Amendment Has Always Been an Individual Right

In a recent interview with The New York Times regarding his upcoming memoir, former Supreme Court Justice John Paul Stevens shares what he contends are the three worst court decisions to come down during his long tenure. His first choice, unsurprisingly, is District of Columbia v. Heller, the 2008 ruling that finally codified the Second Amendment as an individual right. . .

Stevens doesn’t even attempt to hide the political motivation behind his argument. Earlier this year, in fact, Stevens implored Americans to do what he couldn’t while on the court, and repeal the Second Amendment. Stevens quotes former Chief Justice Burger, who in 1991 claimed that activists had perpetrated “one of the greatest pieces of fraud, I repeat the word fraud, on the American public by special interest groups that I have ever seen in my lifetime.”

Both these justices rely on an expedient revisionist history to make their claims. This effort was spearheaded by left-wing historians who attempted to retroactively dismiss the ubiquitous presence of guns in American life and the role firearms played in the rise of a nation. It was taken up by anti-firearm activists and journalists who have used that revisionist history to dismiss the overwhelming evidence that the founding generation believed individual Americans had an inherent right to bear those arms. . .

The singular purpose of the Second Amendment, they argued, was to arm militias, not individuals. For some reason, they contend, the Second Amendment, unlike most of the Bill of Rights, actually empowered the government rather than the individual. Any other interpretation was an antiquated and destructive reading of the past.

But history has never backed up this contention — not then, and not now. The notion of individual ownership of firearms was so unmistakable and so omnipresent in colonial days—and beyond—that Americans saw no more need to debate its existence than they did the right to drink water or breathe the air. Not a single Minuteman was asked to hand his musket over to the Continental Congress after chasing the British back to Boston. If they had been, the Revolution would have been short-lived, indeed. (Read more from “The Second Amendment Has Always Been an Individual Right” HERE)

Follow Joe Miller on Twitter HERE and Facebook HERE.

Swalwell’s ‘Nukes’ Comment Is Exactly Why We Have the Second Amendment

A staunchly anti-gun California Democrat made headlines after he suggested using America’s nuclear arsenal against gun owners who refuse to hand over their hardware.

As reported at Fox News, Rep. Eric Swalwell, D-Calif., made the remark on Twitter after another user said that Swalwell wants a war with gun owners: “Because that’s what you would get” with his gun control agenda.

It’s easy to point out how insane it is that a sitting member of Congress is talking about confiscating the property of American citizens and using nukes against those who don’t comply, because it’s pretty insane. Whether or not you believe his claims of being facetious is up you.

But it’s also nice to see an anti-gun politician take the mask off for a moment to remind us what the debate about the Second Amendment is really about and why 2A exists in the first place. The talk about gun control is around these mythical “commonsense” laws that we can put in place that will supposedly make Americans safer through further firearms regulation. “We don’t want to take your guns away,” the argument goes, “we just want some common sense.”

But whenever gun control boosters start talking about these “commonsense” policies, things tend to fall apart when we get down to the details. So far, I’ve yet to run into a proposal that:

1. Is a legitimate policy innovation over what’s already on the books (i.e. isn’t just better enforcement of already existing law or stiffer penalties for breaking it).

2. Passes muster with the Second, Fourth, Fifth, Sixth, and 14th Amendments.

3. Isn’t completely ignorant of how guns work in the first place (e.g., defining “assault weapons” by common cosmetic features).

4. Would actually deter or reduce mass shootings or gun violence in quantity or severity, rather than just creating more soft targets – by disarming them – for those who were already going to break the law anyway.

This brings us back to the natural end of the gun control movement: bans and confiscation. Ultimately, this is where most anti-gun politicians and professional activists want to end up; those “commonsense” measures are stepping stones.

While some Americans would undoubtedly roll over and acquiesce to such an unjust action, a large number of them wouldn’t give up so easily. That kind of defiance against unjust rule is actually why America exists in the first place, in case anyone slept through the high school history class that covered what happened at Lexington and Concord.

In fact, another small dose of military history might actually help Swalwell understand the situation as well. In order to have to have the kind of “short war” that Swalwell predicts here, the U.S. government probably would have to go nuclear. Those who argue that the military could swiftly disarm the American public seem to forget that the two longest and most unsuccessful military engagements in American history have been in Afghanistan and Vietnam — against dedicated local populations with less sophisticated firepower and training.

But without historical ignorance, the American gun control movement wouldn’t exist at all. And statements and attitudes like Swalwell’s are exactly why the Second Amendment exists in the first place. (For more from the author of “Swalwell’s ‘Nukes’ Comment Is Exactly Why We Have the Second Amendment” please click HERE)

Follow Joe Miller on Twitter HERE and Facebook HERE.

Liberal Ninth Circuit Says Open-Carrying a Gun Is a Constitutional Right

The ultra-liberal and frequently overturned U.S. Court of Appeals for the Ninth Circuit just ruled that the Second Amendment protects one’s right to carry a gun openly outside of the home.

“We do not take lightly the problem of gun violence,” the majority opinion in Young v. Hawaii reads. Here’s more, emphasis added.

For better or for worse, the Second Amendment does protect a right to carry a firearm in public for self-defense. We would thus flout the Constitution if we were to hold that, ‘in regulating the manner of bearing arms, the authority of [the State] has no other limit than its own discretion.’ Reid, 1 Ala. at 616. While many respectable scholars and activists might find virtue in a firearms-carry regime that restricts the right to a privileged few, ‘the enshrinement of constitutional rights necessarily takes certain policy choices off the table.’

. . .

Citing Peruta v. County of San Diego, the court also stated that the Second Amendment does not protect the right of a citizen to carry a gun concealed — a tension that will eventually need to be resolved in another case. Charles Cooke, of National Review has more:

Unless the panel’s decision is reversed en banc, the two decisions will have to be reconciled. When that happens, it seems most likely either that (a) the court will strike down the open carry bans in Hawaii and California, or (b) the court will adopt the argument, presented by the plaintiffs in Peruta, that a state can choose to ban either open or concealed carry, but could not prohibit both. Watch this space.

(Read more from “Liberal Ninth Circuit Says Open-Carrying a Gun Is a Constitutional Right” HERE)

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Here’s How the Supreme Court Already Repealed the Second Amendment

In March, retired Supreme Court justice John Paul Stevens called for repealing the Second Amendment, implicitly admitting that it does what, in his dissent in District of Columbia v. Heller (2008), he pretended it does not: prohibit laws infringing the right to keep and bear arms.

Why Stevens called for repeal and dissented in Heller is a mystery, however. The Second Amendment was repealed, in effect, by Heller’s majority opinion. The opinion went beyond questions raised in the case and laid out a rationale by which Congress, states, and courts could ban the private possession of many offensive and defensive arms today and all such arms of the future.

Heller asked the court to decide whether Washington DC’s bans on handguns, having a loaded firearm at home, and carrying a firearm at home without a permit violated the Second Amendment. Although on imperfect grounds, the court correctly ruled that the first two bans were unconstitutional. It also said if DC required a permit to carry a gun at home, it had to issue permits to qualified applicants. But, the court added, “[w]e may as well consider at this point . . . what types of weapons [the Court’s decision in U.S. v. Miller (1939)] permits.” . . .

Miller asked whether the National Firearms Act of 1934 violated the Second Amendment by requiring that a short-barreled shotgun be registered with the federal government. Oddly, before the court heard the case, one defendant died and the other disappeared, so their lawyer didn’t go to Washington to present evidence on their behalf.

The court thus concluded, “[i]n the absence of any evidence tending to show that possession and use of a [short-barreled shotgun] at this time has some reasonable relationship to the preservation or efficiency of a well regulated militia, we cannot say that the Second Amendment guarantees the right to keep and bear such an instrument. Certainly it is not within judicial notice that this weapon is any part of the ordinary military equipment or that its use could contribute to the common defense” (emphasis added). (Read more from “Here’s How the Supreme Court Already Repealed the Second Amendment” HERE)

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WATCH: Girls Organize Walkout in SUPPORT of Second Amendment in Florida

By The Daily Wire. Dozens of students at Rockledge High School in Florida walked out of school on Friday in support of the Second Amendment to counter the recent attacks of far-left activists that have been calling for gun bans and a national registry.

Approximately 75 students walked out of class for the 20-minute rally carrying signs that said “guns don’t kill people, people kill people” and “I support the right to bear arms,” Florida Today reported.

“The demonstration was organized by Chloe Deaton, a sophomore, and Anna Delaney, a junior, who are part of Rockledge High’s Criminal Justice and Legal Studies Academy.”

(Read more from “WATCH: Girls Organize Walkout in SUPPORT of Second Amendment in Florida” HERE)

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About 75 Rockledge High School Students Walk out of Class to Support Second Amendment

By Florida Today. A group of students from Rockledge High School in Brevard County briefly walked out of class Friday to show their support for the Second Amendment. . .

Deaton — who was wearing a T-shirt that read, “my rights don’t end where your feelings begin” — said the event was meant to clear misconceptions about the Second Amendment, not support or oppose any particular political stances.

After the playing of the national anthem and “God Bless America” over the loudspeakers, she told the group of students, “We were built on certain rights and that was one of the original rights, that we should have the right to bear arms.”

Delaney read a quote from former President Ronald Reagan, who at a 1983 banquet for the National Rifle Association said, “The Constitution does not say that government shall decree the right to keep and bear arms. The Constitution says ‘… the right of the people to keep and bear Arms, shall not be infringed.'” (Read more from “About 75 Rockledge High School Students Walk out of Class to Support Second Amendment” HERE)

Follow Joe Miller on Twitter HERE and Facebook HERE.

2nd Amendment-Supporting Sportswear Company Rolls out Must-Have Item

While the political climate has some companies running away from anything gun-related, one brand is doubling down on its support for the Second Amendment.

Sportswear maker Alexo Athletica is drawing attention with its new line of yoga pants specifically designed with multiple pockets in order to conceal carry guns and knives.

The company’s flagship product, the “Signature Pant,” sells for $99 and features nine pockets. The product description reads:

“With nine pockets, these versatile high-rise quality leggings were designed to hold all your essentials that make you carry with confidence.”

#Repost @_annapaulina_ with @get_repost ・・・ Rocking the new women’s conceal carry legging by @alexoathletica ! 🕷🕸🕷 The two things my father has always harped on are 1) how to #defend myself and 2) that a man should never hit a woman (***and if a man ever hit me, he would “go to jail for a very long time” …lol). I realize that some women may not have a father like mine. For those that don’t, I am here to tell you 1) you can always take care of yourself, 2) don’t EVER let a man hit you, and 3) don’t be afraid of learning how to defend yourself! 👊🏻 I am carrying a .380 LCP by #Ruger. It is okay for a pocket banger, but I prefer the kimber micro or P938 by sig. Check them out and you’ll see what I mean. 🇺🇸PS I will be at the Smith & Wesson’s accessories booth along with bog-pod, and Caldwell for a few hours on Wednesday of #ShotShow. Come see me then. I’m excited to meet you all! 😈#LCP #380 #pewpew #concealedcarry

A post shared by Alexo: Carry With Confidence (@alexoathletica) on

Alexo also sells a seven-pocket “carry crop,” as well as multi-pocketed sports jackets. (Read more from “2nd Amendment-Supporting Sportswear Company Rolls out Must-Have Item” HERE)

Follow Joe Miller on Twitter HERE and Facebook HERE.