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THE BIG SCOTUS GUN CASE - NATIONAL CARRY

Things I noted from the SCOTUS NY State carry case, while watching the whole thing live on TV:

And let me start by saying the framing of the case was splendid, superb—not do we have rights, but,

"Whether the Second Amendment allows the government to prohibit ordinary law-abiding citizens from carrying handguns outside the home for self-defense." -from the Petitioner's brief. You really have to lie cheat and steal to conclude the Second Amendment is a power grant to the government, not a restriction on them.

"Text, history, tradition" is a set of values the Justices brought up repeatedly. I did not have as much appreciation for this triumvirate as I do now. Their decision will no doubt weigh these factors.

The Court expressed serious concern at the proper level of scrutiny for future 2A cases. Should laws affecting 2A go to court under strict scrutiny (the most stringent, as narrowly drawn as possible, the least restrictive solution and specifically tailored to a compelling government interest); or is intermediate scrutiny sufficient (a reduced level of review for constitutionality involving a developed test); or is rational basis scrutiny sufficient (the lowest level where if it seems OK it's OK, no real accountable measurable scrutiny at all). 2A advocates all hope for strict scrutiny, leftists argue for rational basis, where little stands in the way of violative statutes.

Time-place-and-manner restrictions, which apply to 1A limits are a working model, or at least need attention.

Frequent reference to 1A, especially libel and defamation, totally speech but totally restricted, all within the confines of the Constitution.

The Statute of Northhampton must have gotten a good bit of play in the outside briefs, because it came up a bunch. Need to look at that and see what its relevance is.

Liberal Justices expressed some lament that we don't have national rules, or even that we need some, but 2A is implemented by the state somewhat at their whim, and feds lack police power and they know it so they are blocked. That's not to say they haven't been working on nationalized police in many ways.

The theme of more-guns-more-crime came up, even though it's been debunked so badly and is so evident. Breyer suggested the BITS myth, Blood In The Streets, if everyone is freed to carry, a recurring left-wing myth that defies statistics and evidence to the contrary. Every state that enacted licensed carry suffered under this media-fueled dire prediction of doom. But it never ever occurs. No apologies issued. It just will not die. Sorta like the assumed victims in this fable, who aren’t dead either.

The Terry Frisk, in other word cop stops, was mentioned, and stupidly. If the public is free to carry, then cops suddenly have increased risk, and must change tactics because a vehicle might have a gun! Or the odds of armed vehicles will increase risks. As if cops don't exercise extreme caution in stops, knowing full well a gun can poke out from any window -- illegally. That just suggests these bench warmers are as much lost in vapor and myth when it comes to guns, as anyone not on the bench.

Those are my notes on some highlights of the discussion. Which side will win? The decision will contain a mix of elements, some really good and some not so much, even damaging. If the Second Amendment prevails, the dissenting position will, mark my words, threaten the BITS myth, attack the winning side of endangering the nation, and demonstrate hoplophobia. Petitioners should prevail and NY State will be forced to grant licenses, which NY will hinder and make inadequate, violate the spirit of the decision, require more court hearings, and so it all goes back to court. Hey, lawyers have kids to feed.

MEDIA COMPLICITY IN OBSCURING THE TRUTH

The communist Chinese electronics giant with plans to exercise control over our electronics, WahWay, is not spelled Huawei. Misspelling it so badly only makes it harder for us to think of and deal with it. What a wonderfully effective and under-the-radar commie propaganda technique. The brutally merciless communist Chinese dictator who calls himself president Zee, is not spelled Xi. Misspelling it so badly only makes it harder for us to think of and deal with him. What a wonderfully effective and under-the-radar commie propaganda technique.

The main unit of Chinese currency, the Wahn, is not spelled Yuan. Misspelling it so badly only makes it harder for us to think of and deal with them. What a wonderfully effective and under-the-radar commie propaganda technique.

U.S. media simply complies.
It would be easy enough to simply spell correctly.
Reporters have never been the idealized images we have of them.

For those of use old enough to remember the Chicoms, the red Chinese, the nuclear armed (with secrets they stole from us) communist Chinese, mass media perpetrates a fraud every time they say China instead of communist China, a brutal dictatorship bent on world domination. They are not our friends. They were and remain the greatest threat to you and freedom the world has ever known. Someone tell reporters this.

 

VIP Law Details

Statement of Policy

 “Equal treatment under the law—a fundamental principle of The American Way and global justice—demands that anyone who acts in defense against an unprovoked violent attack must have strong and uniform legal protection in the aftermath. America lacks this at present. A coalition of civil-rights groups seeks to rectify these inequities.

 “The self-defense laws in the 50 states range from excellent for the protection of the innocent, to abysmal, encumbering any person who acts against an unjustifiable violent assault. What is needed is a set of National Model Self-Defense Laws, which aggregate the best laws from the states, and makes them available to all. This effort is underway.

 “Because police power is constitutionally reserved for the states, and specifically not a function of the federal government, the several states are free to make their own choices in this arena. Over time, this has led to a mashup of good, bad and ugly laws, with no one watching the big picture. Reasonable people are inclined to agree that equal crimes deserve equal punishment, even if they disagree on appropriate repercussions. The same must be true, if justice is to be served, on equal defense of the innocent.”

 Here then, the result of intense effort over a long period of time, are National Model Self-Defense Laws designed to provide robust protection to people who act against criminal assault, while encouraging swift and fair action against criminal perpetrators.

 Signed,

Jews for the Preservation of Firearms Ownership, https://www.jpfo.org

The Arizona Citizens Defense League, https://www.azcdl.org

The Firearms Coalition

More pending -- Your state association belongs here, ask them to support National Model Self-Defense Laws, and get them in touch with me. Alan.

Working bill title:

Victim Innocence Protection act (VIP Act)

NOW IT'S "DELTA" VIRUS, TOMORROW...?

How much Latin alphabet do you know?

“COVID Supremacy” in the news has all but ended. Box scores for the dead and infected no longer dominate screens, entire newscasts fail to even mention the word virus. Just before it became a non-issue, the Dreaded Delta Disease variant was the big problem, and even that has faded from the Ministry of Mass News reports. Does that mean the Delta variant is the problem, or isn’t, or was the problem, or are most of us free from COVID 19 infection, so we won?

Reflect now, with the worst behind us—when was the last time you wore disposable rubber gloves? Was it always an unneeded myth? Does the “more contagious” Delta variant require less safeguards? Should the social-distance rule become nine feet? It should if it’s more contagious now—stand clear! The wipe-all-your-groceries frenzy was so bad for months you couldn't find disinfectant wipes or isopropyl alcohol anywhere. Remember that? And people were asking if they had to wipe their mail... maybe if you just wiped the outside of boxes the inside of the box would be OK because it sat so long the virus would no longer be viable. Were questions about viruses on surfaces, and wipes, none of which you see anymore... is it because it was a scam then and still is now?

If the Delta variant is more infectious we must stand more than 6 feet apart now, wear extra masks like they used to say, wash your hands twice as often or buy disinfectant wipes and wipe all the groceries like we were doing—or did that ever make any sense and if not when will they apologize...

I do remember the abject bottomless fear injected into the whole thing by idle empty speculation on TV where news should have appeared. We were truly terrified the virus would reach out and “get us.” We were all doomed, or facing doom, only wipes and masks and isolation stood between us and an eternity of being dead.

The American public is well aware we’re not getting full information on the virus. For one thing the government-controlled database on this (VAERS, the virus adverse effects reporting system) is suppressed or distorted. But for another the D variant everybody says is more contagious—but is it more deadly—is not even addressed. It's more infectious meaning you get it more easily but is it about to unleash the disaster New York went through in the beginning with people dropping dead in the halls? Bright people want to know, but have become so numb to the incessant grandstanding rants they can barely give it a glance.

FREEDOM IS ALIVE AND WELL

The Goldwater Institute annual banquet the other night (11/5/21) at Montelucia was superb. It was easy to see why Florida governor (the keynote speaker) Ron DeSantis is doing so well, he was spot on about the nation's problems caused by leftists and wokeism -- and solutions, and how Florida has excelled through it all. It seems lying leftist losers are in for a comeuppance, well earned, and slowly being recognized for what it is despite "news" media deception and obfuscation. Radio host Kevin Jackson wrapped it all up and he was hysterical, we were ROFL, while he was simply telling the truth to all us white people. Gotta get that video! (Goldwater says they'll have it on their website soon.) Reality like George Carlin used to deliver. No holds barred. Let's go Brandon.

Goldwater CEO Victor Riches nailed it, describing their programs, challenges, successes (so many!) and exuding ebullient confidence in his soft-spoken manner. Who knew he had a brother Jonathan of equal caliber, who delivered the opening remarks. My daughter and son-in-law who attended with me were unknowing beneficiaries of the school-choice and related programs GI has been developing for years. They are actually in some of the programs with my 4-year-old grandson. Personal friend and Goldwater attorney Christina Sandefur presented the 2021 Goldwater Freedom Award to Nicole Solas, the mom who was attacked by the left, schools and the judiciary for her determination is seeking the curriculum at her child's school. Destructive leftist influence in that was stunning. Christina and I (with now State Supreme Court Justice Clint Bolick) took on Phoenix several years back for suppressing free speech, and won (the Guns Save Lives case). We had ACLU as an amicus, they are still supporters of free speech to an extent.

 

City of Phoenix didn't like these illuminated bus shelter ads after they were paid forand posted, so they tore them down in the middle of the night, without warning. The Goldwater Institute and the ACLU sued them, and we won.
Korwin v. Phoenix, 2014
 

KEEPING FREEDOM ALIVE: I've had a long and delightful association with the Institute, this is only a part of it. They held a reception when my 10th book came out, Supreme Court Gun Cases, written with attorneys David Kopel and Stephen Halbrook. Now that it's getting to holiday giving season, consider donating to freedom groups such as this, who do critical work in preserving what America has, along with any poverty, medical and other charities you may consider.

What a joy it was to hear the din of 500 "privileged" Americans gathered for the event, chatting each other up, something missing from my life for nearly two years. Virtually no masks, except for the wait staff and I'm not sure how that works -- they didn't want to catch anything from us?... or give us something?... but the 500 were there up close and personal to them swapping, well, everything. Looks like we're back. So good to see so many ole friends, and make some new ones. Didn't realize National Review's institute has a rep out here. I've got to get cracking re-starting all the groups that used to take up my mornings, lunches and evenings... I think it's called life.

The Alec Baldwin Gun-Safety Act

 

November 9, 2021  •  FOR IMMEDIATE RELEASE

“We have to do something!”

The Alec Baldwin Gun-Safety Act

New California state law introduced

If it saves one life...

Among the most stunning aspects of the Alec-Baldwin-related homicide, for those of us in the firearms industry and community, was the nearly total lack of understanding mass media and its followers exhibited about firearms. Even questions they asked left knowledgeable people slack jawed. How could real reporters not know blanks and live ammo look different? You don’t look down the barrel to see if it’s loaded, thank you MSNBC. Only total inexperience can leave you wondering if a round you fire is blank—the sound and recoil are obvious. Gun ownership describes half the nation, but that’s apparently non-inclusive of news professionals, who you could tell never even held a gun, let alone practiced. Can the failure be attributed to public teachers’ unions? Public school teachers basically forbid gun safety, or even saying “gun,” for anyone seeking a diploma.

With the tragedy at the “Rust” movie set, where ignorance of safety was so evident, California (and all states) should be introducing bills to require any person on the set of a theatrical production, to have successfully completed a program in gun safety—including discharge of live ammunition loaded in a firearm safely aimed at a target. Being present without having taken a suitable class is a Class 1 misdemeanor on a first offense, and requires one-half day of ceased operations to self- evaluate all set safety features, not just firearms. The offender is removed from the set and

Responding to arguments that everyone should be compelled to such gun-safety programs, not just Hollywood denizens, JPFO might agree—if it’s part of a requirement for a high school diploma like English and math. Refusal by schools to do so in our gun-prevalent society is virtually deliberate negligence. As a requirement for gun ownership in general though, there is qualitative difference between job requirements, and exercise of fundamental rights, which must be uninfringed.

[Read real gun safety rules here.]

 

Support JPFO, speaking truth to power: https://store.jpfo.org/11-donations

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About the Author

  • Freelance writer Alan Korwin is a founder and past president of the Arizona Book Publishing Association. With his wife Cheryl he operates Bloomfield Press, the largest producer and distributor of gun-law books in the country. Here writing as "The Uninvited Ombudsman," Alan covers the day's stories as they ought to read. Read more.

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