9th Circuit Peruta Decision Boiled Down To The Essentials

Today the 9th Circuit Court of Appeals released their opinion in Peruta v. County of San Diego as well as Richards v. Prieto. The court sitting en banc said to California residents that unless you were rich and famous and could afford a substantial bribe campaign contribution to your local sheriff or were a Federal judge protected by the US Marshals Service, then you had no Second Amendment right to carry concealed. In essence, the court said you were on your own and if you wanted to carry a firearm concealed for self-defense, then you were just shit out of luck.

In the summary they said:

The en banc court held that the history relevant to both
the Second Amendment and its incorporation by the
Fourteenth Amendment lead to the same conclusion: The
right of a member of the general public to carry a concealed
firearm in public is not, and never has been, protected by the
Second Amendment. Therefore, because the Second
Amendment does not protect in any degree the right to carry
concealed firearms in public, any prohibition or restriction a
state may choose to impose on concealed carry — including a requirement of “good cause,” however defined — is
necessarily allowed by the Amendment. The en banc court
stated that there may or may not be a Second Amendment
right for a member of the general public to carry a firearm
openly in public, but the Supreme Court has not answered
that question.

You may remember that a regular three-judge 9th Circuit panel had found that the Second Amendment does indeed convey a right to carry. Chief Judge Sidney Thomas, a Clinton appointee, had been in the minority in that decision and worked to get it reheard en banc.

Today he was in the 7-4 majority with the opinion written by Judge William Fletcher, a Clinton appointee. Chief Judge Thomas was also joined in the majority by Judge Harry Pregerson, a 93-year old Carter appointee; Judge Susan Graber, a Clinton appointee; Judge Margaret McKeown, a Clinton appointee; Judge Richard Paez, a Clinton appointee; and Judge John Owens, a Obama appointee.

Voting for the Second Amendment right to carry were Judge Consuelo Callahan, a George W. Bush appointee; Judge Barry Silverman, a Clinton appointee; Judge Carlos Bea, a George W. Bush appointee; and Judge N. Randy Smith, a George W. Bush appointee.

I applaud Judge Silverman for bucking the trend of Democratic appointees who voted against the Second Amendment. Perhaps the judge was familiar with the works of the English philosopher John Locke who had greatly influenced our founding fathers. In Locke’s Second Treatise Concerning Civil Government, Locke said, in so many words, that the first law of nature is a right to self-defense. In that view, it could be argued that today’s 9th Circuit decision was a crime against the laws of nature.

I am in agreement with Sebastian that it would be very dangerous for the plaintiffs to appeal this ruling to the US Supreme Court as the Court stands now. I have an interview for the Polite Society Podcast scheduled for Friday with Alan Gottlieb of the Second Amendment Foundation. I’m sure that will come up during the interview. I will post more on that tomorrow afternoon.

Coincidental?

Two days after Hillary Clinton clinched the Democratic nomination for President, I got an ad in my email from Sportsman’s Guide advertising ammo boxes and gun vaults.

Now most of these are simple ammo cans or fabric gun cases. However, there is the Military Surplus 58-Gallon Waterproof Molded Barrel, the 47″ Mono Vault, and the Mono Vault 107S. These can be used for burying or caching firearms and ammunition.

The ad copy for the Mono Vault above says, in part:

Give your gun a proper burial! Hard-line protective Mono Vault!


Of course we’re not suggesting “laying your gun to rest”! Too much good shooting left to do. But these Mono Vaults are rugged, completely sealed capsules that could be literally buried.

The smaller MonoVault 107S pictured above is explicitly being sold as a container to bury firearms and other valuables. Sportsman’s Guide even makes a point of assuring you that it is non-metallic so that metal detectors can’t sniff it out.

MonoVaultTM 107S: think of it as a safety deposit box for your backyard.

Determined thieves can crack a wall safe in no time flat. That’s why the best safeguard is the one he never knows is there. That’s where the MonoVault comes into play. The MonoVault is an air and water-tight chamber designed to be buried on your property.

It’s large enough to hold important papers, photos and even many semi-auto handguns (including 5″ barrel 1911-style pistols). A gamma-sealed, threaded lid closes it up tight, and a secondary lift-off burial shield adds a second layer of protection. “Buried treasures” stay safe and completely undetectable until you go to retrieve them.

Now it may just be coincidental that the Sportsman’s Guide sent out an advertisement with containers for burying firearms two days after Hillary clinched the nomination. However, given her rabid anti-gun platform and recent statements, I’m not so sure. I’ll let you make the call.

Not that I’m advocating armed revolt but there is a lot of truth in the saying “if it is time to bury your firearms, then it is time to use them.” However, if you insist on burying them, might I suggest a good local business like my friend Tim’s The Old Grouch Military Surplus  instead of a large mail-order company owned by the French.

Election Day In North Carolina

Thanks to the courts and redistricting voters in North Carolina have to go to the polls again today. In most cases, voters will only have one or two races upon which to vote – the special primary for Congress and one seat on the NC Supreme Court. Unless you live in the 2nd or 13th Congressional District, the incumbent is almost guaranteed to win. Thus, it is the NC Supreme Court primary that is the key. While nominally non-partisan, Justice Robert Edmunds is a conservative Republican and the pivotal vote on the direction of the court.

Grass Roots North Carolina Political Victory Fund is urging gun owners to get to the polls to vote for Edmunds so as keep the court conservative. Their alert is below:

VOTE TOMORROW 
  POLLS OPEN FROM 6:30AM TO 7:30PM TOMORROW
USE GRNC RECOMMENDATIONS TO ELECT PRO-GUN CANDIDATES!
 
(See the list below)


Whether or not your district has a special primary race for the U.S. House, it is critical that you get to the polls and vote for the GRNC-PVF recommended candidate, BOB EDMUNDS, for NC Supreme Court in this court-ordered special election.
ROBERT H. (BOB) EDMUNDS
IS THE JURIST ABSOLUTELY NECESSARY TO RETAIN CONSERVATIVE CONTROL OF THE NC SUPREME COURT!

Because voter turnout will likely be low, your vote counts more than ever. 

NC Supreme Court Special Primary: Even if you don’t have a congressional primary or don’t intend to vote the congressional primary in your district, you must still vote in a court-ordered “special primary” in order to keep conservative control of the NC Supreme Court. In this race, GRNC-PVF strongly recommends you vote for Bob Edmunds.

CLICK HERE TO CONTRIBUTE TO GRNC-PVF , and help us continue the important work of electing strong, pro-gun legislators and conservative judges.Or go to: http://www.grnc.org/grnc-pvf/donate-to-grnc-pvf 

Punching Back Twice As Hard

Lt. Gov Gavin Newsom (D-CA) hopes to ride his Orwellian-named “Safety for All” initiative to the Governor’s Mansion in Sacramento.  In addition to banning standard capacity magazines, it would mandate background checks akin to a NICS check just to buy ammunition. Moreover, it would ban the private sale or transfer of ammunition. The LA Times reports that much of the initiative wording came from the Legal Center to Prevent Gun Violence (sic).

It appears that Newsom’s professional signature gatherers have accumulated enough names to get it on the ballot in November. Once certified, the battle begins in earnest.

The Coalition for Civil Liberties is made up of a number of diverse groups with one objective in mind – defeat Newsom’s initiative. You have the NRA-affiliated California Rifle & Pistol Association on one end and the Gun Owners of California on the other with the Pink Pistols in the middle. You can’t get more diverse than that!

Women and the LGBTQ communities are traditional Democratic constituencies in California. The Coalition is taking aim directly at those groups to drive a wedge between them and the ammo prohibitionists. They gained a lot of attention with a web ad featuring Nicki Stallard, a trans-gendered woman, and a gun rights activist. (As an aside, I’ve met Nicki at more than one Gun Rights Policy Conference)

Now they are taking it to TV with a very powerful black and white ad featuring a woman being attacked in a parking garage. HotAir reports that Republican strategist Richard Grennell is behind the ad.

Frankly, I don’t care who is behind the ad. I’m just happy that it is so powerful.

D-Day Plus 72 Years

A child born on D-Day would turn 72 years old today. He or she would have reached their full Social Security retirement age six years ago.

If it was a boy, he would have missed the Korean War and the Vietnam War hadn’t begun in earnest when he turned 18. If he did serve in Vietnam, he would have either been the young lieutenant or the “old man” in his early 20s serving as the squad leader or platoon sergeant.

If it was a girl, she would have been in college learning how to be a nurse or teacher when the Beatles invaded the US in 1964. Alternatively, she was a young mother with one or two children as she got married out of high school. She could have been Miss Shaw who was my third grade teacher at Park Street School and who was the first teacher I had under the age of 50.

As I noted last year, my father and many of my classmates fathers had served in WWII. The war wasn’t a so distant memory. TV shows like Combat, 12 O’Clock High, and McHale’s Navy were in their heyday. There wasn’t a National WWII Memorial and there weren’t Honor Flights taking the veterans of D-Day to see the Memorial before they passed away.

So on this day, let us remember the young men from the US, Canada, and the UK who landed on a 60 mile swath of Normandy beaches. They went into the great unknown to save the world from Hitler and the Nazis. If you know of someone who landed on D-Day, sit down and talk with them as they won’t be around much longer to tell first-hand what they went through. And, it should go without saying, thank them for the sacrifices they and their comrades made.

For North Carolina Voters

Early voting in the Congressional primary and the election of a State Supreme Court Associate Justice has started. The election itself will be this coming Tuesday, June 7th.

I voted this morning at the Buncombe County Board of Elections. There were only two people ahead of me to vote. I think the turnout for this election and primary will be very sparse.

Recognizing the low turnout and that it is important to elect pro-gun justices to the NC Supreme Court, Grass Roots North Carolina – Political Victory Fund issued a strong recommendation for Associate Justice Robert H. (Bob) Edmunds. There are cases working their way up through the North Carolina judicial system that will impact gun owners. From what I can tell, permits and zoning for new shooting ranges are at the forefront of these cases.

I do know that Haywood County passed a range ordinance that makes it very difficult, if not impossible, to establish a new range in the county. They imposed rules that their own sheriff’s department could not meet for their shooting range. I don’t know if a suit is in the works but I wouldn’t be surprised. Thus, keeping Justice Edmunds on the court is essential.

VOTE FOR BOB EDMUNDS


EARLY VOTING IS HAPPENING RIGHT NOW!

Whether or not your district has a special primary race for
the U.S. House, it is critical that you get to the polls and vote for the GRNC-PVF recommended candidate, BOB
EDMUNDS,
for NC Supreme Court in this court-ordered special election.



ROBERT H. (BOB) EDMUNDS

IS THE JURIST ABSOLUTELY NECESSARY TO RETAIN CONSERVATIVE
CONTROL
OF THE NC SUPREME COURT!




Because voter turnout will likely be low, your vote counts more than ever.



NC Supreme Court Special Primary:
Even if you don’t have a congressional
primary or don’t intend to vote the congressional primary in your
district, you must still vote in a court-ordered “special primary”
in order to keep conservative control of the NC Supreme Court. In this race, GRNC-PVF strongly recommends you vote
for Bob Edmunds
.

CLICK HERE TO CONTRIBUTE TO GRNC-PVF, and help us continue the important work of electing strong, pro-gun legislators and
conservative judges.

Or go to: http://www.grnc.org/grnc-pvf/donate-to-grnc-pvf

Voting instructions: Primary
election One Stop Early
Voting begins on May 26 and ends on June 4 at 1:00 PM. Absentee ballots
must be received by your county board of elections by 5:00 PM on June 7.
Primary voting day is June 7 between 6:30 AM and 7:30 PM. Click here to find your polling
place on election day, or click
here
to find your One Stop Early Voting place.

Important
changes to voting laws:
Due to ongoing
litigation, same-day registration will still be permitted during One
Stop Early Voting.
As in previous years, unaffiliated voters may vote in either Republican
or Democrat primaries. Unlike previous years, straight party voting will
not
be permitted, so GRNC strongly suggests you investigate individual
candidates. For the first time, identification is required to vote, so click here to find identification
requirements.

NC SUPREME COURT ASSOCIATE JUSTICE: GRNC-PVF strongly
recommends incumbent conservative ROBERT H. (BOB) EDMUNDS.





This
ad supporting Robert H.
(Bob) Edmunds for NC Supreme Court was authorized and paid for solely by
the Grass Roots North Carolina Political Victory Fund. Ad not
authorized by any candidate or candidate committee. 

Gun Geekiness

At the recent NRA Annual Meeting, I got a chance to visit the Blaser USA booth. In addition to Blaser and Mauser rifles, they had the Sauer 100 which was their entry-level rifle.

What really caught my eye about the Sauer 100 was the safety. As you can see in the picture below, it is a 3-position safety. All the way back locks both the trigger and the bolt, the middle notch locks the trigger, and all the way forward means the rifle is ready to fire.

.
This replicates the Mauser 96/98 “flag” safety in a more compact and convenient format. You can see the three positions of the Mauser 98 safety in the picture below.

I know this sounds like gun geekiness but it just appealed to me.

Time To Win You Some

Aaron at the Weapon-Blog has posted his monthly list of contests which feature firearms or firearm-related items. If you do participate in any of these contests, pop Aaron a thank you note for compiling this list.

Handguns

Springfield Armory 19911 EMP Champion
Deadline: June 15, 2016
Added to list: June 1, 2016
https://www.galleryofguns.com/about/GGGEntry.aspx
Sig Sauer PMCX 11.5″
Deadline: June 30, 2016
Added to list: June 1, 2016
http://www.sigsauer.com/TeamSig/Sweepstakes.aspx
Smith & Wesson M&P Shield
Deadline: June 30, 2016
Added to list: April 1, 2016
https://www.secondamendmentgiveaways.com/
Springfield Armory 1911 Range Officer
Deadline: June 30, 2016
Added to list: June 1, 2016
http://grabagun.com/giveaway
Glock 43
Deadline: July 1, 2016
Added to list: May 5, 2016
http://gunsmagazine.com/giveaway/
Kel-Tec P3AT
Deadline: July 1, 2016
Added to list: June 1, 2016

Win Custom Red TFB Kel-Tec P3AT


North American Arms 22 Magnum
Deadline: July 31, 2016
Added to list: June 1, 2016
https://americanhandgunner.com/giveaway/
Shooters Arms 1911
Deadline: December 31, 2016
Added to list: April 5, 2016
http://www.contests.gunownersofcanada.ca/2016—1911-giveaway.html
NRA 24-Gun Collection
Deadline: December 31, 2016
Added to list: September 4, 2015
https://www.nra.org/sweepstakes/

Rifles

Juggernaut Tactical AR-15
Deadline: June 5, 2016
Added to list: April 23, 2016
https://www.firstedgeusa.com/tactical-giveaway/
Springfield Armory M1A Socom 16
Deadline: June 15, 2016
Added to list: June 1, 2016
https://www.galleryofguns.com/about/GGGEntry.aspx
Mossberg Flex-22
Deadline: June 19, 2016
Added to list: May 5, 2016
https://www.facebook.com/ontargetmagazine1/?sk=app_512541485429310
Henry Lever-Action Rifle
Deadline: June 19, 2016
Added to list: April 15, 2016

Enter for a Chance to Win Your Choice of Henry Lever-Action Rifles!


Ultimeate Gear Giveaway
Deadline: June 20, 2016
Added to list: May 13, 2016
http://www.grandviewoutdoors.com/sweepstakes/
Faxon AR-15
Deadline: June 20, 2016
Added to list: June 1, 2016
http://www.ar15.com/faxongiveaway.html
Head Down Arcadius
Deadline: July 19, 2016
Added to list: May 5, 2016
http://hdfirearms.com/store/blog/arcadius-dreamgun/
Smith & Wesson M&P 22, M&P 22 Pistol, NRA Lifetime Membership, 1,000 Rounds of .22LR & More!
Deadline: July 31, 2016
Added to list: March 7, 2016
http://www.cabelas.com/category/Sweepstakes-Rules/107155080.uts
Smith & Wesson M&P AR-15
Deadline: December 31, 2016
Added to list: October 7, 2015
http://www.buckeyefirearms.org/win-free-gun
Savage MK II BTV
Deadline: 5,000 Group Members
Added to list: January 7, 2015
https://mewe.com/join/pray_hard_shoot_straight
Xena-15 GEN4
Deadline: 100,000 Subscribers
Added to list: February 18, 2016
https://www.youtube.com/watch?v=qFY0jhhMw54
CVA Muzzleloader
Deadline: Recurring Monthly
Added to list: January 1, 2015
http://www.cva.com/CVA-Contest.php

Shotguns

None this month

Air Rifles

None this month

Ammunition

420 Rounds of Federal 5.56mm 62gr SC FMJ
Deadline: 10,000 Facebook fans
Added to list: November 18, 2014
https://www.facebook.com/110401449053847/photos/a.146920315401960.32510.110401449053847/715868778507108/

Knives

Benchmade Ultimate Experience
Deadline: June 15, 2016
Added to list: May 5, 2016
http://www.benchmade.com/ultimateexperience
Zero Tolerance 0450CF Carbon Fiber Knife
Deadline: July 31, 2016
Added to list: May 5, 2016
https://gleam.io/he9Hh/zt-0450cf-giveaway

Constitution

Pocket Constitution
Deadline: Recurring Monthly
Added to list: January 1, 2015
http://www.nccs.net/us_constitution.html

Gun Rights Organizations

None this month

Accessories

$1,500 Under Armor Gift Card
Deadline: June 20, 2016
Added to list: June 1, 2016
http://tacticalgear.com/sweeps
5ive Star Gear Drb-5S Deluxe Range Bag
Deadline: June 1, 2016
Added to list: May 13, 2016
https://www.opsgear.com/pages/giveaway-sweepstakes
Proof Research Barrel
Deadline: June 18, 2016
Added to list: June 1, 2016
http://proofresearch.com/the-proof/inside-proof/
Holosun Micro Red Dot Sight
Deadline: June 28, 2016
Added to list: April 2, 2016
http://virl.io/Ntiqueqp
Leupold VX-3 Rifle Scope
Deadline: July 31, 2016
Added to list: May 5, 2016
https://gleam.io/EuFgA/leupold-vx3-rifle-scope
Firefield 3×42 Night Vision Scope
Deadline: July 31, 2016
Added to list: May 5, 2016
https://gleam.io/macGW/firefield-3×42-night-vision-scope-giveaway
Duracell Powersource 1800 Generator
Deadline: July 31, 2016
Added to list: May 5, 2016
https://gleam.io/2GmSb/duracell-powersource-1800-giveaway
NRA Truck Raffle
Deadline: September 15, 2016
Added to list: May 13, 2016
http://truckraffle.nra.org/default.aspx
Rusty’s Rags Cleaning Cloths
Deadline: Recurring Weekly
Added to list: February 11, 2015
http://www.rustysrags.com/retailer_Info.html
Dead Air Armament #MuzzleBrakeMonday
Deadline: Recurring Weekly
Added to list: June 9, 2015
https://www.facebook.com/DeadAirSilencers/photos/a.574740122637686.1073741828.567415350036830/682580115187019/
ATN SHot Trax-HD
Deadline: Recurring Monthly
Added to list: April 4, 2016
http://lauraburgess.com/clients/american-technologies-network/ATN_VideoContest_0416.pdf
Parker Compound Bow
Deadline: Recurring Monthly
Added to list: February 11, 2015
http://www.parkerbows.com/giveawaynew.html
Parker Crossbow
Deadline: Recurring Monthly
Added to list: February 17, 2016
http://www.parkerbows.com/giveawaynewxbow.html

Raffles

XP Family Support Group
Deadline: June 4, 2016
Added to list: March 7, 2016
http://www.xpfamilysupport.org/2016/01/27/gun-raffle/
Axelson Tactical Rifle
Deadline: July 4, 2016
Added to list: February 8, 2016
http://sowwcharity.com/product/2016-axelson-tactical-rifle-raffle-ticket/
Black Rain Ordinance Recon
Deadline: August 11, 2016
Added to list: June 1, 2016
http://myemail.constantcontact.com/Steve-Smith-Memorial-Fund-Raffle-.html?soid=1103963304135&aid=gc3NnAw9Sqw
NRA Truck Raffle
Deadline: September 15, 2016
Added to list: March 7, 2019
http://truckraffle.nra.org/default.aspx
Outdoor Mentors Gun A Week
Deadline: December 31, 2016
Added to list: January 6, 2016
http://outdoormentors.org/content/2016-gun-week-drawing
Hart’s Fort Rifle
Deadline: December 31, 2016
Added to list: February 8, 2016
https://www.youcaring.com/homeless-and-at-risk-military-veterans-516369
2016 50 Gun Fundraiser
Deadline: Only 500 tickets sold
Added to list: January 28, 2016
http://www.pitstopbbq.org/#!2016-50-Gun-Fundraiser/cp5g/i2l12v0s1

Training

Tactical Training Adventure
Deadline: 60,000 Contest entries
Added to list: August 17, 2015
https://freedomfightersfoundation.org/sweepstakes/

Hunting

Hunt With A Legend
Deadline: June 3, 2016
Added to list: June 1, 2016
https://www.facebook.com/FreedomStartsHere/app/143103275748075?brandloc=DISABLE&app_data=from-hdp54y,chk-574f291065780

News Of The Weird – The Really, Really Weird

I get a number of news and press releases every day. Sometimes they are gun or law related, sometimes not. With this being a presidential election year I’ve been getting more and more that are about the race for the White House. These usually involve a poll stating that this candidate or that candidate is leading his or her opponents.

The one I’m reproducing below is about campaign finance. It shows Bernie Sanders leading in contributions among a certain demographic. That demographics is called “sugar daddies” or “sugar mommas”. These are men and women who are willing to support attractive young men and women financially in exchange for “companionship”. I’ll just leave it at that.

New York – May 31, 2016

Things can get bitter on the campaign trail, but some presidential
candidates are sweetening their chances with donations from Sugar
Daddies.

Today, the world’s largest Sugar Daddy dating site, SeekingArrangement.com,
is releasing results from a recent poll asking Sugar Daddies whether
they donate to presidential campaigns, and which candidates receive
their funding.

Rank – Candidate – Number of Sugar Daddy donors
Bernie Sanders – 345
Donald Trump – 291
Hillary Clinton – 174
Ted Cruz – 100
Marco Rubio – 50

According to the data, Bernie Sanders is the favorite among Sugar
Daddies, with a reported 345 contributing to his canvass. Trump has the
second most Sugar supporters, with a reported 291 Sugar Daddies
contributing to Donald’s campaign.

“Plenty of Sugar Daddies are considered ‘One-Percenters,’ making
Sanders an unexpected choice,” says Brandon Wade, Founder and CEO of SeekingArrangement.com.

Additional data from the same poll shows 83 percent of Sugar Daddies
provided funds to at least one presidential campaign, while 58 percent
are repeat donors.

In the past, Sugar Daddies helped choose the next president by
donating to Obama, Bill Clinton, and even George W. Bush,” says Wade
about data from the study in regards to past presidential campaigns.
“However, it seems that may not be the case for this election.”