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  • 08/06/2021 7:48 PM | Anonymous

    Language as a Tool of War  by Tom Reynolds

    In Lt. Colonel Wayne Phelps’ book “On Killing Remotely”, he discusses the psychological aspects of killing by Remotely Piloted Vehicles (what we generally refer to as drones).  Many of the strategies and issues that Phelps discusses can easily be applied to the left’s strategies against just about everything, but especially against the 2nd Amendment.

    Phelps writes extensively about the long-practiced need to “dehumanize” your opponent in order to deal with the moral and ethical problems of taking a human life.  “The more humanity that is observed in an enemy…the more difficult it becomes to kill them.”      

    He explains how this is done, “One of the major ways this dehumanizing process occurs is by changing what the enemy is called into something particularly degrading or demeaning”.   As an example, he points out that, “In World War II, the allies referred to the Germans as Krauts and the Japanese as nips or slants”.  (Before the left starts calling that proof that Americans are all racists, Phelps also pointed out that, “The list of American nicknames given by the Germans and Japanese included Joes, foreign devils, dogfaces, yanks, round eyes and Amis (short for Americans)”.)   

    Phelps writes that, “…this kind of vernacular falls outside the bounds of acceptable behavior in today’s society”. 

    Oh yeah?  “Outside the bounds of acceptable behavior in today’s society”?

    Disagree with the left and you are labelled a racist, Nazi, Hitler, white supremacist, etc.  The left views these dehumanizing and demeaning terms as within the bounds of their acceptable behavior and they have no problems using those terms to dehumanize defenders of 2A. The goal is to dehumanize their opponents so that there are no moral or ethical qualms about leaving the opponent dead both politically and under the judicial system. 

    Phelps continues, “These sobriquets for the enemy don’t always have to be demeaning in nature to deny humanity”.  In human beings, it is a positive attribute to have common sense / good judgment.  Since the left labels all their gun control as “Common Sense” (by implication it is good judgment), anyone who opposes their positions must lack common sense / have bad judgment.  Labelling themselves as “Common Sense” demeans those that support the 2nd Amendment and creates the impression that those opposed to 2A’s have the moral high ground. 

    Phelps points out that the importance of achieving the “moral high ground” can’t be overstated.  Warriors want to fight for a “just war”.  If one fights for a just cause, “…the enemy’s cause is unjust and their intentions are evil, therefore the enemy themselves is evil…it elevates the killer to an almost hero-like status in their mind”

    If we look at the “moral high ground” strategy from a 2nd Amendment viewpoint, we are surrounded by a liberal media that trumpets every story that reflects poorly on the 2nd Amendment.  Therefore, guns are evil and gun control is a “just cause”.  Guns are objects, not people, so there are no moral or ethical down sides to criticizing them.  If, by association, gun owners get grouped with these evil objects, that’s just collateral damage as far as the left is concerned. 

    When does the anti 2A media publicize any of the thousands of stories where guns are used in self-defense, since this would give 2A the moral high ground?  When have you ever seen a story contain: “they’d probably be alive if only they had a gun”; “she could have saved herself from being raped if she’d had a gun”.  If, every day, CNN carried a story on guns saving a life, the left’s self-perceived moral high ground would crumble.  Their self-conceived heroic stature would be gone.

    Phelps further writes, “Differences in religion, language, race or ethnicity, values, beliefs and social norms all serve to move the enemy further away from one’s perspective of what it means to be human...They’re not like us and their cause is unjust.”  The left loves Critical Race Theory which accuses all white people of being racist simply because they are white; being white makes one unjust.  Being white is supposed to divide us because of our skin color while being black does not divide us.  The left media loves stories about “white” supremacists having guns.  When do they cover stories about Black Lives Matter and Antifa having guns?  (Oh wait, last summer’s riots were all peaceful protests so BLM and Antifa don’t need guns?)  According to Barack Obama, the reasons people would not vote for him, “…they get bitter, they cling to guns or religion or antipathy to people who aren't like them…"   Wow.  Sounds like Phelps had Obama - and not drones - in mind when he wrote his book.   Obama dehumanized people by rejecting the 1st and 2nd Amendments as well as civil rights law in that one sentence.       

    The difficulty for 2A defenders is that we actually want to unite, not divide, so the use of dehumanizing language is denied us; we don’t need to morally and ethically justify our stance to ourselves, the Constitution has already done that.  But we can and should call out the left when they unfairly use these terms. 

    We do have a winning strategy readily available, all we have to do is for the millions of gun owners to summon the energy to use it.  There are thousands of examples of guns being used in self-defense, but they rarely get seen outside of the 2A movement.  It’s easy to find them.  Publicize them on social media and bury the media in so many of them that a few, perhaps, will have some second thoughts on the Second Amendment and give us some air time or print space.

  • 08/02/2021 10:23 AM | Anonymous

    Caetano Never Dies  by Tom Reynolds

    The Supreme Court of the United States‘ (SCOTUS) decision in District of Columbia v Heller and the follow up case McDonald v Chicago, affirmed the individual right to keep and bear arms.  They should have settled many of the gun rights issues.  Unfortunately, they did not.  Since then, several lower courts have chipped away at or ignored Heller’s fundamental premise, prompting Justice Clarence Thomas to warn of a slide towards “relegating the Second Amendment to a second-class right.

    Caetano v Massachusetts, a case in which SCOTUS unanimously vacated the Massachusetts conviction of a woman who carried a stun gun for self-defense, is a good example of what has been happening.  It’s important to read Massachusetts’ reasoning and SCOTUS’ rationale for saying that Massachusetts was wrong.

    Jaime Caetano was in fear for her life after an altercation with her abusive boyfriend.  After obtaining several restraining orders that proved futile, Caetano accepted a stun gun from a friend for self-defense.   When her ex-boyfriend later confronted and threatened her, she displayed the stun gun and avoided an altercation. However, when police discovered that she was in possession of the stun gun, she was arrested, tried and convicted under a Massachusetts law that outlawed the possession of stun guns.

    The case was appealed to the Supreme Judicial Court of Massachusetts which upheld the Massachusetts state law prohibiting the possession of stun guns after examining "whether a stun gun is the type of weapon contemplated by Congress in 1789 as being protected by the Second Amendment.”  Eventually, in 2016, the case made it to the SCOTUS, which unanimously ruled against Massachusetts and for the right to possess a stun gun

    When the Massachusetts’ court ruled, it offered three explanations to support its holding that the Second Amendment does not extend to stun guns. All were rejected by SCOTUS. 

    ·  The Massachusetts’ court said that stun guns are not protected by the Constitution because they "were not in common use at the time of the Second Amendment's enactment.”  SCOTUS rejected Massachusetts’ position and said that this was inconsistent with Heller's clear statement that the Second Amendment does extend to arms that were not in existence at the time of the founding.

    ·  The Massachusetts’ court next asked whether stun guns are "dangerous…and unusual" (Heller had allowed that there was an “historical tradition of prohibiting the carrying of dangerous and unusual weapons”).  The Massachusetts Court tried to redefine "unusual" as "in common use at the time of the Second Amendment's enactment” and, thus, Massachusetts concluded that stun guns were "unusual" because they were "a thoroughly modern invention.”  SCOTUS also shot that one down by saying that the Massachusetts’ court's second explanation is the same as the first and is inconsistent with Heller for the same reason.

    ·  Finally, the Massachusetts court found nothing in the record to suggest that stun guns were readily adaptable to use in the military. SCOTUS rejected that explanation, again referring to Heller, wherein SCOTUS rejected the proposition "that only those weapons useful in warfare are protected.

    The case was sent back to Massachusetts for “further proceedings not inconsistent with this opinion.”  On July 6, 2016, after the prosecution and defense reached an agreement, Caetano was found not guilty by a Massachusetts judge.  In a subsequent case, Ramirez v Commonwealth, the Massachusetts Supreme Judicial Court relied on Caetano to strike down the state's stun gun law.

    Why is it important to read about a case that was resolved five years ago?

    First, because Jaime Caetano’s situation with her abuser was a terrific example of one of the primary reasons why civilians need guns: personal protection.  A court order was not helping her and neither were the police.  Like all of us, she needed to be able to protect herself.

    Second, because the case shows how liberal judges often feel free to blatantly ignore established law.  Heller is established law.  The Massachusetts court’s rulings were not based on missing or ambiguous SCOTUS rulings. They were attempts to ignore established law or misinterpret it in order to reach the exact opposite conclusion that the Constitution requires.

    Liberal judges want to write their own laws, ignoring the legislative process.  Only the legislature is legally allowed to make laws and the judiciary’s role is to interpret those laws, based on legislative intent. But too often liberal judges interpret their own judgments and, not coincidentally, find their own judgments to be lawful. 

    Why are these judges so bold?  Because there are no personal consequences to them. For example, none of the Massachusetts judges were fined, disbarred or removed from the bench.  In addition, there is usually little chance that the judges will be overruled since most private citizens cannot afford the appeals process, which typically requires years of time and hundreds of thousands of dollars in legal fees.  As a result, bad judgements often live on, unmolested by truth and law. 

    Fortunately, Jaime Caetano was able to take her case to the SCOTUS.  However, we cannot count on everyone being able to do so.     

    Therefore, our legislatures need to take action against judges who blatantly ignore the law.  Congress and the states need to act and provide a method to review and override or remove a runaway judiciary.  (This is dangerous and needs to be carefully crafted; unfortunately, the left has made it necessary.)    In turn, the voters need to support politicians who will take the necessary steps to see this happen.

    We also all need to do everything in our power to ensure that judges who hear these cases at the local and state level understand and support the Second Amendment.   Most people will not be able to appeal bad decisions made by state and local judges.  As such, we need to do what we can to put good judges - who will make good decisions - on the state and local bench.  

    Second Amendment supporters must be active and vote to ensure that legislators and judges, who take an oath to defend the Constitution, will live up to that oath.  An ounce of prevention (voting) is worth the tons of time and money needed to (maybe) cure an unconstitutional ill.

  • 07/31/2021 9:39 AM | Anonymous

    History First Hand  by Tom Reynolds

    For most of us, history is something remote, something we read about.  George Washington is someone who now lives only in books – but so does James Bond.  Who is real and who is not? 

    It’s exciting when we get to meet real history and hear about history, first hand. We get to experience that on October 16th, when Lieutenant Colonel Oliver North will be the featured speaker at SCOPE’s banquet in Utica.  Not only will he speak but he will be available from 4PM to 5:45 PM in a reception.

    Imagine the excitement of serving in the White House and then imagine the added excitement of serving in Ronald Reagan’s White House.  From 1983-86 North served as Counter-Terrorism Coordinator on the National Security Council staff. He helped plan the rescue of U.S. students in Grenada, the liberation of American hostages, the capture of the Achille Lauro hijackers and the raids on Muammar Gadhafi’s terror bases; after which he was targeted for assassination by Abu Nidal’s Islamic Jihad. And, yes, he was also at the center of the Iran Contra Affair. 

    It has been almost a half century since the Vietnam War ended.  North was there, in combat, and was decorated for his actions.

    We’ve seen testimony before Congress with politicians bending facts while they harass witnesses for political purposes.  North went through that.

    In addition to his military and political experience, Oliver Laurence North is an American television host, political commentator and a military historian. He is a best-selling author and radio talk show host and also a TV host for the documentary War Stories.  He also holds three patents.

    We are seeing many challenges.  October 16th will be a chance to hear from him on some of today’s biggest issues:

    • Why is Critical Race Theory being forcibly taught to our military?  Does it improve combat preparedness, ability or morale? 
    • We are pulling out of Afghanistan and leaving it to an enemy we had chased out.  What does North think of that?
    • The Biden administration has all but declared war on the 2nd Amendment.  As the former President of the NRA, what are his suggestions for fighting back?
    • North has a forthcoming book, We Didn’t Fight for Socialism.  That’s a timely subject for discussion. 

    Have a question?  You may get a chance to ask him.

      It’s said that 75% of life is just showing up.  If you don’t show up on October 16th, you miss the chance of a lifetime.

      In addition to North, included in the day is a tour of the Remington Museum.  There is more history, up close and personal.

      See the links below to get tickets.     

      2021 Banquet ON-LINE Ticket Ordering

      2021 MAIL-IN Ticket Order Form

      SCOPE Banquet information page

    • 07/29/2021 10:11 PM | Anonymous

      Biden Widens the List of “Assault Weapons” to Ban  by Tom Reynolds

      On July 21st, on CNN, President Joe Biden turned to the subject of guns and added the 9mm handgun to a list of firearms he'd like to ban. At the hour-long town hall, he said:

      The idea you need a weapon that can have the ability to fire 20, 30, 40, 50, 120 shots from that weapon — whether it’s a — whether it’s a 9-millimeter pistol or whether it’s a rifle — is ridiculous. I’m continuing to push to eliminate the sale of those things…” 

      The left’s favorite “boogie man” is the Assault Rifle, which would be more properly called the Modern Sporting Rifle, since there are over 20 million of them in circulation.  The 9mm might now be called the Modern Sporting Pistol since, according to production figures from federal regulators, over 2.2 million new 9mm pistols were produced in the U.S. in 2018, more than any other caliber. The 9mm cartridge has been marketed in the U.S. for well over a century.

      Whether it’s the Modern Sporting Rifle or Pistol, Joe Biden and his administration are coming for them.

      Biden Wrestles with Facts…and Loses

      As defenders of the 2nd Amendment, we have the facts on our side.  Unfortunately, those facts do not get publicized by the left-wing media.  Politicians and other anti 2A people can lie and distort with little fear of being contradicted by their media supporters. For instance, when President Biden spoke to a Joint Session of Congress on April 28th, the President got plenty wrong about firearms but you didn’t hear the facts on CNN or read them in the NY Times.

      “I’ve done before and I’ll do it again,” Biden says. “In the 90s we passed universal background checks. A ban on assault weapons and high-capacity magazines that hold a hundred rounds…that can be fired off in seconds. We beat the NRA. Mass shootings and gun violence declined. Check out the report over ten years.”

      Yes, please do check out the report.  According to a Centers for Disease Control and Prevention (CDC) report, the “Assault Weapons Ban (AWB), which also restricted magazine capacity, did not reduce crime rates.” As further evidence that Biden is again on the wrong side of history (and facts), after the 10-year-ban expired in 2004 the violent crime rate in America dropped steadily while ownership of Modern Sporting Rifles (MSRs) rose dramatically.

      President Biden also referenced his gun control executive actions, including banning so-called “ghost guns.” “Anyone from a criminal or terrorist could buy one of these kits and within 30 minutes have a weapon that’s lethal,” the president claimed.

      30 minutes?  That reminds me of Barack Obama’s claim in 2015, at another Town Hall, that, As long as you can go on into some neighborhoods, and it’s easier for you to buy a firearm than it is for you to buy a book, there are neighborhoods where it’s easier for you to buy a handgun and clips than it is for you to buy a fresh vegetable.”  Obviously, Obama and I do not hang out in the same neighborhoods. 

      “Ghost guns” are unfinished firearms and unassembled parts that have been legal since before the founding of our country. They are time-consuming and expensive to assemble with questionable quality control but Biden and gun control advocates support banning them in order to get their gun control credentials stamped.

      President Biden wasn’t done stretching the truth. “I don’t want to become confrontational, but we need more Senate Republicans to join the overwhelming majority of Democratic colleagues and close the loopholes on background check purchases of guns.”

      Every firearm transfer from a licensed retailer, whether at a store, gun show or initiated online, must be completed in a face-to-face transaction, with signed background check forms, and verification through the FBI’s National Instant Criminal Background Check System (NICS).  The problem is that criminals do not follow the law and Biden’s suggestions only create more laws for them to ignore. 

      As far as his claims of widespread gun control support - that’s cratering. Even Newsweek admitted it. 

      President Biden’s is also wrong on what the American people want.  “I think this is not a Democrat or Republican issue. This is an American issue,” the president said. He should have added that it is also not an issue with the more than 21 million people who passed a NICS check to purchase a firearm in 2020, including more than 8.4 million first-time buyers. The pace hasn’t slowed so far in 2021 either.

      On firearms, President Biden needs to get his facts straight and get a better read on what the American people want.

    • 07/26/2021 7:42 PM | Anonymous

      Media Propaganda  by Tom Reynolds

      Last week, an article in the Wall Street Journal prompted SCOPE member Lee Edgcomb, of Victor, to respond.  His response is worth reading as it focuses on the media’s distorted prejudices when it comes to presenting anything about guns; they sneak in words that create an anti-gun picture in the minds of those reading the article.  Lee does a nice job of pointing these out.    

      The article was titled: D.C. Shootings Highlight Rising Gun Violence

      Dear Mr. Day, Ms Sarah Chaney-Cambon, Ms. Amara Omeokwe, and Mr. Aaron Zitner,

      I understand you may not write the headlines, but please note that "gun violence “ is a very inaccurate and ungrammatical (but very effective) term created by the gun ban lobby that you are using.

      Guns are inanimate objects and are not violent nor can they commit violence. Criminals commit violence. 

      An accurate headline would be “D.C. Shootings Highlight Rising Criminal Violence”. “Shootings” already identifies the use of firearms.

      Your article accurately identifies certain neighborhoods where the particular shootings occurred.  Wouldn’t "D.C. Shootings Highlight Rising Neighborhood Violence” be more accurate a headline? Or the word “Gang”?

      I know it takes more words but, in your article, you say "a new wave of gun violence”. Wouldn’t it be much more accurate to say “new wave of gang shootings”?  Wouldn’t that provide the reader a more accurate mental picture of the problem.

      Is the image sought “gun bad” or is the image sought “gang shootings bad”?

      There are somewhere in the neighborhood of 450,000,000 firearms in the US.

      60,000,000 households say they have firearms in the home.  Between 7,000,000,000 and 8,000,000,000 rounds of ammunition are fired each year by millions of people.

      Truly, the rising violence you refer to is a criminal/gang activity called shootings, murders, hits, or whatever. But the firearm is not “violent”. It is the person behind it.

      Thanks to Lee for taking the time to let the media know that we are watching and for fighting back against the left’s radical gun control agenda.


      Another SCOPE member sent me an article in Bearing Arms, by Cam Edwards, on another media anti-gun blitz.  Some excerpts from what Edwards writes:

      ABC News says its week-long special coverage called “One Nation Under Fire” will “explore the root causes of gun violence” through both national and local reporting. I have a feeling that “One Nation Under Fire” is going to end up being one network’s love letter to the gun control lobby.

      Will ABC News mention the failures of gun control in places like New York, Chicago, Baltimore, Los Angeles, San Francisco, and Seattle in any of their coverage? I doubt it, unless it’s to argue that more federal gun laws are needed since the state-level gun control laws clearly aren’t doing enough to stop the violence.

      I wouldn’t be surprised if at least a few talking heads bring up the nomination of David Chipman as permanent director of ATF at some point. With Chipman’s confirmation in doubt, Democrats are clearly trying to rally senators like Joe Manchin and Jon Tester to sign off on installing a gun control activist in the top spot at ATF, and the ABC News special seems like an ideal vehicle for them to make their case.

      Will their “root causes” of crime focus on high unemployment rates, poverty levels, dysfunctional families, and crumbling institutions like the public school and criminal justice systems? Or will they decide that the primary root causes of gun violence are guns themselves and our Second Amendment rights?

      I suppose that I should watch it to see what the enemy is saying.  Nah…life is too short.  I haven’t watched ABC news in years (perhaps decades).  I’ll let someone else suffer through it and read their response.

    • 07/25/2021 8:55 PM | Anonymous

      2022 Redistricting (part 2)  by Tom Reynolds

      On Monday, SCOPE wrote about the 2022 redistricting.  We detailed the process of redistricting and the role of an independent commission that will draw up the redistricting plan.  One paragraph in that e mail is especially important and needs further attention.  It said:

      If the Legislature fails to approve the plan, or the Governor vetoes the plan and an override by the Legislature fails, the Commission shall be notified and within 15 days of the notification (but no later than February 28, 2022), a second plan shall be submitted to the Legislature for approval. Should the Legislature fail to approve a redistricting plan as submitted by the Commission, the Legislature shall provide amendments deemed necessary and, if approved, submit such legislation to the Governor for action on the measure.”

      What this means is that the legislature gets to approve the independent commission’s plan and if the legislature twice rejects the plan, the legislature gets to draw the plan up, themselves.

      Since the Democrats overwhelmingly control both houses of the legislature, they have the ability to reject the commission’s plans but are they willing to do it twice.  This kind of display of raw partisan political power would have, in the past, subjected them to serious consequences.  But today, when the media is firmly in the Democrats’ hands (or the Democrats are firmly in the media’s hands) we would not see condemning editorials and coverage will be slight and non-condemning.  It will certainly be tempting for the Democrats to reject the plans if the commission’s plans are not partisan enough for them.   

      The unknown factor is the courts.  As SCOPE wrote in an earlier e mail about “One Man One Vote”, that prior to the 1960s, court challenges to redistricting plans were considered political questions that were most appropriately addressed by the political branches of government, not the judiciary. In 1962, in the landmark ruling of Baker v. Carr, the Supreme Court (under the far-left Earl Warren) pivoted and held that a constitutional challenge to a redistricting plan was not a political question and was justiciable.  Add to that, in New York State, that the courts are populated by Democrat appointees who may put party above the law.  However, the federal court system is more balanced.

      Courts have held that independent redistricting commissions were legal but would two rejections of the commission’s plans cause the courts to view the legislature’s plans as illegitimate, from the start?  It should certainly give them pause.

      Congressional districts are also required to comply with Section 2 of the Voting Rights Act (VRA), prohibiting any voting qualification or practice that results in the denial or abridgement of the right to vote based on race, color, or membership in a language minority.    

      What about discrimination based on political parties?

      In Cox v. Larios, a district court decision struck down a state legislative redistricting plan on the basis that the plan was intentionally designed for partisan purposes.  The Supreme Court (SCOTUS) summarily affirmed that decision. The district court held that, amongst other things, the plan deliberately paired numerous Republican incumbents to run against one another.  (This would seem to say that there is a “red line” that cannot be crossed.  But where that red-line is will be the question.)

      It’s likely that most New Yorkers are not paying attention to redistricting.  And if the left-wing media fails to publicize it, the system will be open to all sorts of political gamesmanship aimed at minimizing your influence and maximizing the politicians’ power and job security.  Don’t hesitate to let your state representatives know that you are watching.

    • 07/20/2021 12:29 PM | Anonymous

      4th Circuit Appeals Decision for the 2nd Amendment  by Tom Reynolds

      The 4th District US Circuit Court of Appeals, in Hirschfield and Marshall vs BATFE et al, ruled that 18 years old have 2nd Amendment rights, including the right to buy a firearm.  The summary of the decision by Judge Richardson explains it well.  The emphasis (underlining) is added by SCOPE to emphasize important points.

      When do constitutional rights vest? At 18 or 21? 16 or 25? Why not 13 or 33? In the law, a line must sometimes be drawn. But there must be a reason why constitutional rights cannot be enjoyed until a certain age. Our nation’s most cherished constitutional rights vest no later than 18. And the Second Amendment’s right to keep and bear arms is no different.

      Plaintiffs seek an injunction and a declaratory judgment that several federal laws and regulations that prevent federally licensed gun dealers from selling handguns to any 18-, 19-, or 20-year-old violate the Second Amendment. We first find that 18-year-olds possess Second Amendment rights. They enjoy almost every other constitutional right, and they were required at the time of the Founding to serve in the militia and furnish their own weapons. We then ask, as our precedent requires, whether the government has met its burden to justify its infringement of those rights under the appropriate level of scrutiny. To justify this restriction, Congress used disproportionate crime rates to craft over inclusive laws that restrict the rights of overwhelmingly law-abiding citizens. And in doing so, Congress focused on purchases from licensed dealers without establishing those dealers as the source of the guns 18- to 20-year-olds use to commit crimes. So we hold that the challenged federal laws and regulations are unconstitutional under the Second Amendment. Despite the weighty interest in reducing crime and violence, we refuse to relegate either the Second Amendment or 18- to 20-year-olds to a second-class status.

      The following is the background on the case, taken directly from the judgment.  It reflects a common story that we often use to justify private ownership of firearms. 

      Prospective handgun buyers sued the Bureau of Alcohol, Tobacco, Firearms and Explosives seeking an injunction and a declaratory judgment that federal statutes prohibiting Federal Firearm Licensed Dealers from selling handguns and handgun ammunition to 18-, 19-, and 20-year-olds (and the federal regulations implementing those statutes) violate the Second Amendment.

      Nineteen-year-old Natalia Marshall had good reason to seek protection. She had been forced to obtain a protective order against her abusive ex-boyfriend who, since the issuance of the order, had been arrested for unlawful possession of a firearm and controlled substances. He was released on bail but never came to court, leading to the issuance of a capias for his arrest. Along with the threat from her ex-boyfriend, Marshall works as an equestrian trainer, often finding herself in remote rural areas where she interacts with unfamiliar people. Having grown up training with guns, she believes that a handgun’s ease of carrying, training, and use makes it the most effective tool for her protection from these and other risks. But because Marshall was 18 when she tried to buy a handgun, a federal law prevented her from buying from a licensed dealer who would perform a background check to verify that she was not a felon or other prohibited person. She preferred using a licensed dealer because they tend to have a wider supply, a good reputation, and a guarantee…She is now 19 and remains unable to buy a handgun from a federally licensed dealer for self-defense.”

      The 4th Circuit Court hears appeals from the nine federal district courts in Maryland, Virginia, West Virginia, North Carolina, and South Carolina.  Its decision applies to all federal courts in its district.  It does not apply to the other eleven circuit courts in the United States but its decision may influence the decisions in those courts.  

      The Feds remaining option is to appeal this to the Supreme Court.  Since they are on the taxpayer’s “dime”, the cost of an appeal is no object.  The Supreme Court has the option of reviewing it or not.

    • 07/19/2021 6:23 PM | Anonymous

      2022 REDISTRICTING  by Tom Reynolds

          Last week, the Independent Redistricting Commission (IRC) announced it would host eight public listening sessions across the state prior to redrawing state legislative and congressional district lines, a process which takes place every ten years to reflect population changes. The sessions are a result of a 2014 public referendum in which millions of New Yorkers voted in favor of a Constitutional Amendment assembling the IRC in the hopes of ensuring fair and honest guidelines for the upcoming 2022 redistricting effort.

           The listening sessions will only be held virtually.

          Each virtual meeting will begin at 2 p.m. and the schedule for the first round of hearings is as follows:

      •  Tuesday, July 20 in Nassau and Suffolk counties;
      •  Thursday, July 22 in Queens County;
      •  Monday, July 26 in Bronx and New York counties;
      •  Thursday, July 29 in Kings and Richmond counties;
      •  Monday, August 2 in the Mid-Hudson Valley and Capital Region;
      •  Thursday, August 5 in the North Country and Mohawk Valley;
      •  Monday, August 9 in the Southern Tier and Central New York; and
      •  Thursday, August 12 in the Finger Lakes and Western New York.
      • Whether the new district lines would result in the prohibited denial or abridgment of racial or language minority voting rights;
      • To the extent practicable, districts containing as nearly as may be an equal number of inhabitants;
      • Districts must consist of contiguous territory and shall be as compact in form as practicable;
      • Districts cannot be drawn to discourage competition, or for the purpose of favoring or disfavoring incumbents; and
      • The maintenance of existing districts, pre-existing political subdivisions, including counties, cities, towns, and communities of interest.

          The first redistricting draft proposal will be made public on September 15; additional hearings will then be scheduled.

          More information about the regional redistricting meetings and how to participate virtually or submit testimony is available on thIRC’s website.

          The Independent Redistricting Commission was created through an amendment to the New York State Constitution which went into effect on January 1, 2015. This amendment created the Commission and set forth its composition and overall mission.  The amendment was approved by the voters of New York State in November 2014.

          The following is how it is supposed to work:

           Every decade beginning in 2020, a 10-member bipartisan commission shall be established, with eight members appointed by New York's four legislative leaders (two appointments per leader), and the remaining two members appointed jointly by the first eight members. The Commission is required to create a plan for the re-drawing of the State legislative and congressional districts, and must take into account various State and federal constitutional and statutory requirements, including:

      Approval of a redistricting plan by the Commission shall require a vote in support by at least seven members, including at least one appointed by each of the legislative leaders.  If no plan is able to garner seven votes prior to the submission deadline, the Commission shall submit the plan that received the most votes to the Legislature, along with a record of the votes taken.

      The Commission shall submit its redistricting plan to the Legislature on or before January 1, 2022, or as soon as practicable thereafter, but no later than January 15, 2022. Legislative approval of the redistricting plan shall require a vote of at least two-thirds of the members of both the Senate and the Assembly.

      If the Legislature fails to approve the plan, or the Governor vetoes the plan and an override by the Legislature fails, the Commission shall be notified and within 15 days of the notification (but no later than February 28, 2022), a second plan shall be submitted to the Legislature for approval. Should the Legislature fail to approve a redistricting plan as submitted by the Commission, the Legislature shall provide amendments deemed necessary and, if approved, submit such legislation to the Governor for action on the measure.

    • 07/16/2021 12:14 PM | Anonymous

      Black and Firearms  by Tom Reynolds

      The leftist gun grabbers love to brand their opponents with terms like racist and use it to destroy anyone and anything they can link to racism.  They, of course, give the Democrat Party a pass on this even though that party supported and protected outright racism and now it promotes the racism of low expectations; blacks can’t figure out how to get a picture ID, for instance.

      What the gun grabbers don’t admit – or perhaps don’t know in their tunnel vision view of history – is that blacks needed guns to protect themselves from real racists.  Harriet Tubman carried a handgun on her Underground Railroad expeditions and a rifle at other times during the Civil War.  Ida B. Welles-Barnett said, “A Winchester rifle should have a place of honor in every black home”. Those two understood the need for a firearm for protection.

      So, which party wants to disarm both blacks and whites so they can’t protect themselves?

      The following is a link to a three minute video that all the gun grabbers should watch – but won’t.

      Black conservative leaders discuss how the NRA was created to protect freed slaves

    • 07/13/2021 1:17 PM | Anonymous

      David Chipman Part 3  by Tom Reynolds

      David Chipman has a history of working with high-profile gun control groups,.  He is the controversial nominee to head the Bureau of Alcohol Tobacco Firearms and Explosives (BATFE). Chipman also has a history of undiplomatic comments about guns, gun owners and how to enforce gun laws and is staunchly opposed by most Republicans.  His nomination did not get the approval of the Senate committee; there was an 11-11 tie which followed party lines.  Without committee approval, the nomination would be dead unless Senator Schumer moves to “discharge the nomination” which means to remove the committee from the process and take the nomination directly to the full Senate for Confirmation.

      Schumer intends to do that.

      There are two opportunities to stop the nomination by majority vote: defeat the vote to discharge the committee; defeat the nomination itself.  (Unfortunately, Vice President Harris has a tie breaking vote in a 50-50 tie.)  Although both NY Senators will vote wrong on this and approve both motions, there is some hope of defeating this awful nomination.

      The reliably unreliable Republican Senator Susan Collins of Maine, who has voted for many of the president's nominees, said she will vote against the "unusually divisive" Chipman. She said this is because he is "an outspoken critic of the firearms industry and has made statements that demean law-abiding gun owners."   (This helps keep intact the 50 Republican votes needed.)

      Sen. Lisa Murkowski, R-Alaska, another Republican swing vote, has not announced a position on Chipman's nomination. (It’s hard to believe that one state could produce such totally opposite female Republican politicians as Murkowski and Sarah Palin.)  Murkowski’s yes vote on Chipman, or a yes vote from any other Republican, would be a big boost to Chipman's chances. If Murkowski votes to not confirm him, at least one Democrat would need to break the Democrat lock step in order to block Chipman's confirmation.  (Let’s hope Murkowski feels the heat from Alaskan gun owners.)

      Several Democratic Senators in pro-gun states may (or may not) vote against his nomination.  Montana Senator John Tester “will continue to review David Chipman’s record and testimony to ensure he would support our brave law enforcement officers and respect Montanans’ Second Amendment rights."  (Tester’s commitment to law enforcement is a bit questionable since he also believes that defunding the police is “bad messaging”.  Not wrong, just bad messaging.)  Montana Republican Attorney General Austin Knudsen led a letter signed by 21 Republican state attorneys general urging a “no” vote on Chipman and reminded Tester that Montana expects him to protect gun rights.

      Several other moderate Democrats from red or purple states haven't taken public stances on the nomination. This group includes Sens. Joe Manchin, D-W.Va., Kyrsten Sinema, D-Ariz., Maggie Hassan, D-N.H., and Angus King, I-Maine.  Recent polling conducted by Cygnal about Chipman’s nomination shows he is strongly opposed by a majority of likely voters in Arizona, Maine, West Virginia and Montana.

      Manchin was asked about Chipman's nomination last month and acknowledged that "there's a lot of controversy," according to Politico. "I really am undecided," he said.

      Democratic senators have managed to confirm multiple individuals who Republicans unanimously opposed. The only Biden nominee who saw a hearing and then failed to get confirmed was Neera Tanden, the former nominee to run the Office of Management and Budget.  Manchin announced his opposition to Tanden after her confirmation hearing and before her committee vote, largely citing her caustic Twitter history that included broadsides against a number of senators. 

      Gun Owners of Maine’s Legislative Scorecard on gun issues rated Angus King a D saying, “As a US Senator, Angus King has voted to ban large capacity magazines and voted against concealed carry reciprocity.  He has endorsed a package of gun control measures by gun control champion Senator Chuck Schumer, including universal background checks”.  (He doesn’t seem like a likely prospect to defect from the Democrat Party Line.)

      Arizona’s other Democrat Senator Mark Kelly has a glaring conflict of interest. Kelly is the co-founder of gun control organization Giffords and the Giffords Law Center, which still employs Chipman as a senior policy adviser. It would seem that Kelly has an obligation to recuse himself and not vote, but that would likely sink Chipman’s nomination.  (In D.C., they don’t like ethics interfering with politics.)

      Chipman’s approval to head BATFE would be a major blow to the 2nd Amendment and a major arrow in Joe Biden’s quiver of anti-2A arrows.

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