By David French • National Review
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 injunction temporarily 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:
By Julie Kelly • The Federalist
The gun control lobby is borrowing the playbook from one of the most effective propaganda campaigns in history: anthropogenic global warming.
From engaging celebrity activists to bullying private industry to portraying opponents as murderers, the well-funded and highly-orchestrated gun control lobby is copying the same approach that has been successfully deployed by the international climate change movement to sell the dubious claim that humans are causing global warming.
Indoctrination and Exploitation of Children
Textbooks are filled with bogus scientific “studies” about global warming and dire warnings about its consequences. Schools commemorate environmental holidays like Earth Day, so they can push climate dogma. Continue reading
By Adam Kredo • Washington Free Beacon
Iranian Supreme Leader Ayatollah Ali Khamenei is calling on America to “make guns illegal” in light of deadly shootings that have taken place across the United States, according to comments made by the Iranian leader over the week.
Khamenei, who has instructed his government to spend billions of dollars on military hardware and ballistic missiles, lashed out at the United States over the weekend, calling on America to ban all guns in light of a series of domestic shootings.
“No one dares apply the clear solution to the promotion of guns and homicide in America. What’s the solution? It’s to make guns illegal,” Khamenei wrote on Twitter. Continue reading
By Stephen Gutowski • The Washington Free Beacon
Federal agents posing as criminals were unable to purchase any firearms from legitimate online marketplaces despite dozens of attempts over a two-year period.
Between July 2015 and November 2017 investigators from the Government Accountability Office (GAO), following up on a congressional request, tried to make the illegal private gun purchases through a number of online forums and market places. They made 72 attempts over that time but couldn’t complete a single sale using legitimate sites.
In 29 attempts the gun sellers refused the sale after being asked to illegally ship the gun to the buyer. Twenty-seven sellers refused after being told the potential buyer was a felon, domestic abuser, or otherwise prohibited from buying a firearm. Eleven sellers attempted to scam the investigators after finding out they were prohibited from buying firearms with two successfully obtaining money from investigators but never sending the promised firearm. Another five attempts to illegally purchase firearms were ended when the investigators’ accounts were shut down due to suspicious activity.
“Tests performed on the Surface Web demonstrated that private sellers GAO contacted on gun forums and other classified ads were unwilling to sell a firearm to an individual who appeared to be prohibited from possessing a firearm,” Seto J. Bagdoyan and Wayne McElrath of the GAO’s Forensic Audits and Investigative Service section said in a report on the investigation released in November.
by Stephen Gutowski • Washington Free Beacon
A new poll published on Thursday found more Americans report having a gun in their home than ever before.
The Wall Street Journal/NBC News survey of 1,200 adults found 48 percent of Americans said they or somebody else in their household owned a gun. That’s 3 percentage points higher than when the same question was asked last year. It’s 9 percentage points higher than when the question was asked in 2011, the low point of the poll’s findings for self-reported gun ownership.
The United States Census Bureau estimates there are 249,454,440 adults currently living in America. If the Wall Street Journal/NBC News survey is accurate, that equates to 119,738,131 Americans with a gun in their home. Continue reading
By Mollie Hemingway • The Federalist
The media’s big problem right now is that everyone in the country knows how they’d be covering yesterday’s shooting if the parties were reversed.
Progressive Democratic activist James Hodgkinson spent years on social media and in local and national politics focusing on his hatred of Republican politicians. On Wednesday, he went after a group of Republican politicians as they practiced baseball in the early morning, shooting a member of the Republican leadership, two capitol police, a legislative aide, and a lobbyist. Rep. Steve Scalise remains in critical condition.
Hodgkinson’s social media trail and the accounts of neighbors leave no question that the man was politically engaged, aligned with progressives, and upset with Republicans.
Some media coverage of the incident has been fine, if restrained. The media have not chosen to make this shooting a referendum on leftist political violence, on the use of extreme rhetoric and conspiracy theorizing by major mainstream media, on the dangers of the resistance movement. There has been no rush to introspection. Continue reading
By Nicholas Griepsma • The Federalist
Now that the Supreme Court is poised to add a ninth Justice to its ranks, many are anxiously awaiting the court’s next move on a controversial topic: the Second Amendment. If the court decides to evaluate the concealed carry question, is there a legal framework to support a right to concealed carry in public? The answer is yes, if we look to the court’s own precedent for guidance.
In 2008, the Supreme Court decided the landmark case of District of Columbia v. Heller, holding 1) the Second Amendment protects an individual right to self-defense within the home, and 2) the sort of weapons protected are those in “common use” for lawful purposes. In 2010 in McDonald v. City of Chicago, the Supreme Court held that citizens are protected not only from federal government attempts to infringe the right, but also from state government attempts.
Since 2010, lower federal courts have disagreed over practically every conceivable aspect of Second Amendment law. Many have incorrectly argued that the individual right in Heller does not extend beyond the home, and even if it does, it does not include a right to concealed carry in public. The time for the Supreme Court to step in and guard the principles established in Heller has come. Continue reading
by Stephen Gutowski • Washington Free Beacon
New Hampshire became the latest state to adopt a permitless concealed gun carry policy on Wednesday.
Governor Chris Sununu (R., N.H.) signed the legislation that allows anyone in New Hampshire to legally carry a gun so long as they are legally allowed to possess a gun. The measure removes the permitting process that had previously been required for gun carry.
New Hampshire is the first state to enact permitless carry, often called constitutional carry by gun-rights activists, since the Missouri legislature overrode a veto to pass the policy into law in September. It is the 12th state to adopt some form of permitless carry since 2003 and the 11th to do so within the last decade. Including Vermont, which has never restricted gun carry, there are now 13 states with some form of permitless carry. Continue reading
Senator Elizabeth Warren has strong words for the National Rifle Association, in spite of–or perhaps because of–its success defending Second Amendment Rights.
by Charlie Spiering • Breitbart
“The NRA can be defeated and the NRA will be defeated,” the Massachusetts Democrat said during a conference call organized by White House Senior Advisor Valerie Jarrett. “The president has shown that change is possible but it is our job in Congress to show that there are many of us who are willing to fight and that’s how you get sensible gun reforms. We will get it.”
Jarrett teamed up with liberal champion Warren and other Democratic members of Congress to promote President Obama’s executive actions on gun control. Continue reading
According to Pew Research Center, 92 percent of teens use the Internet every day.
by Sean Davis • The Federalist
During his speech at the memorial service in Dallas for murdered police officers, President Barack Obama lamented that his words have little power to effect change, then proceeded to peddle blatant, easily refutable lies about guns.
“I’ve seen how inadequate words can be in bringing about lasting change,” Obama said. “I’ve seen how inadequate my own words have been.”
One reason for that inadequacy may be that he says things he knows aren’t true. Over the weekend, Obama said, “I think it’s very hard to untangle the motives of this shooter.” Given that the shooter himself told police that he “wanted to kill white people, especially white officers,” there doesn’t seem to be much left to untangle. Continue reading
An unprecedented act of pretend bravery
By David Harsanyi • The Federalist
Nothing stirs the passions of Democrats these days quite like the prospect of gutting the Constitution. In an unprecedented act of pretend political bravery, House members held a catered sit-in, demanding Republicans allow a vote to strip away protections of Second, Fifth, and Sixth Amendments of the Constitution. It was quite the scene.
There were the selfie-happy Democrats singing “We Will Overcome” while demanding passage of a bill that those right-wing nutjobs over at the ACLU have “strongly” argued would undermine civil liberties. As of this writing, no participant has been beaten down by the cops or thrown into a dank cell — although, for those who’d forgotten their chargers, iPhone batteries were probably getting perilously low on juice.
Sit strong, heroes! Continue reading
By Kyle Becker • Independent Journal
Many Americans are rightly searching for answers about what went wrong and how do we prevent more from occurring.
In the midst of all this confusion and national soul-searching, some startling claims have been made about the mass shootings in the United States compared with the rest of the world. Continue reading
By Keely Herring, Louis Jacobson
After a gunman shot and killed nine worshippers in a historic African-American church in Charleston, S.C., President Barack Obama took to the White House podium the next day to “express our deep sorrow over the senseless murders.”
In his June 18, 2015, remarks from the White House, Obama said, “Now is the time for mourning and for healing. But let’s be clear: At some point, we as a country will have to reckon with the fact that this type of mass violence does not happen in other advanced countries. It doesn’t happen in other places with this kind of frequency. And it is in our power to do something about it.”
A flurry of PolitiFact readers — some of them prompted by articles objecting to Obama’s claim — wrote to us to ask us to check it, so we did. Continue reading
Ruling reinforces landmark Heller precedent
by Stephen Gutowski • Washington Free Beacon
The U.S. territory bans the possession or importation of handguns and handgun ammunition. It requires that all residents obtain a special license if they wish to possess a firearm. Those applying for the license, called a Weapons Identification Card, or “WIC,” are required to be either a U.S. citizen or U.S. national and to prove they have a good reason to possess a firearm. Self-defense is not among the acceptable reasons.
Ramona Manglona, chief judge of the District Court of the Northern Mariana Islands, struck down all of those provisions as unconstitutional. The Obama-appointee required that Mariana Islands officials immediately stop enforcing its handgun ban, begin issuing WICs to lawful permanent aliens, and accept self-defense as a valid reason for obtaining a WIC. It also ordered the U.S. territory to pay the plaintiffs’ legal fees. Continue reading
The Supreme Court justice asked a question for the first time in 10 years, revealing a different dynamic since the passing of Antonin Scalia.
by Garrett Epps • The Atlantic
At heart, law professors are simply overpaid nerds, the kind who take notes in three colors of ink and use two sizes of Post-its to tab out a casebook. We tend to have the ability to find something interesting in proceedings that would bore a normal human being into a state of coma.
Thus it was that at 10:45 a.m. Monday, I was in a sparsely populated Supreme Court press gallery watching Assistant U.S. Solicitor General Ilana Eisenstein provide a rapid wrap-up to a desultory argument over the meaning of “use” as applied a domestic-violence statute forbidding a defendant from “intentionally, knowingly or recklessly” causing “bodily injury or offensive physical contact” with a domestic partner.
Like a drowsy One-L Criminal Law class, the discussion had droned idly from Black’s Law Dictionary to Blackstone’s Commentaries. The topic, insofar as one could be found, seemed to be whether under a given state’s statute, “offensive physical contact” could be merely “reckless,” or had to be “intentional or knowing.” And if a defendant has been previously convicted of physical contact that was offensive but “merely” reckless, could that conviction be the basis for a later conviction under federal law that forbids anyone “convicted…of a misdemeanor crime of domestic violence” from “possess[ing]” guns or ammunition? Continue reading