Showing posts with label Gun Control. Show all posts
Showing posts with label Gun Control. Show all posts

Saturday, August 8, 2026

"Wyoming Scores 'Win' In Landmark Gun Rights Case Against Trump Administration". . . well not so much. .. but maybe its headed that way.

News broke yesterday about a decision in which the State of Wyoming took place regarding silencers and short barreled rifles and shotguns, all things controlled under the National Firearms Act.

A local news story:


As always, with such things, we like to go to the source, as the press so rarely gets these stories correct.  This one is definitely being misreported in some news organs.

The Court did not strike the statutory provisions down, as it was urged to do, and as some parts of the press are reporting it did.  In fact it denied declaratory relief.  Rather, what it did, was to find that the basis for the NFA, which was passed as a taxation bill, fails once no tax is applicable.

That makes perfect sense.

What doesn't is that the Court didn't take the next logical step, which would have been just to strike those portions of the NFA down.  Rather, it simply enjoined the NFA from being enforced as to those provisions on the specific plaintiffs in the suit.

Eh?

That result is frankly rather weird, and not sustainable.  This will be appealed, I think, to the Federal Court of Appeals.  Having said that, the Trump Administration, in spite of supposedly being "pro gun", was fully defending the law and it might make a strategic decision not to appeal.  If it doesn't, this ruling is so narrow that it effectively is a nullity.

Here's the court's entire decision.




On the items in question, I'd like to see the NFA struck down.  Without the taxation element of it, it really fails to make any sense.  

The big question, of course, is automatic weapons, which are also addressed by the NFA. They are not addressed by this decision, and the taxation aspect of the system still applies to them.  Some argue that the NFA violates the 2nd Amendment by restricting them, but I frankly do not think it does as I'm not certain, if analyzed in the 18th Century prospective of the 2nd Amendment, that they would be considered "arms".  Rather, I think they'd likely be regarded as "ordinance", as they're actually more akin to cannon, in context, than small arms, in context.

Monday, January 26, 2026

Lex Anteinternet: The Trump Administration decides the Second Amendment ain't that much.

Lex Anteinternet: The Trump Administration decides the Second Amendm...: One of my predictions is that we're going to see a violent couple of years. The other is that within a year and a half the editorial pag...

The Trump Administration decides the Second Amendment ain't that much.


Yeoman, January 6, 2025.

Alex Pretti, who was shot down by the Border Patrol, with Border Patrol shooting ten rounds.1

I'm seeing one of my predictions about the Second Trump Administration coming true.

Everyone should have seen it.

Of the many people I know who voted for Donald Trump, there were three groups of what I'd call "single issue" voters who voted for him on the solid belief that he shared their views on one single issue, and that overrode everything else. There are: 1) opponents of abortion2 , 2) opponents of gun control, 3) opponents of wars overseas ("forever wars").3

Trumps betrayed you, if you are in one of these categories, on all three.

The betrayal on gun control is simply epic.

A few days ago the Border Patrol gunned down Alex Pretti.  They actually shot ten shots.  People will defend the Border Patrol on this, but it's indefensible.  He was carrying a handgun legally, and it had been removed from him before he was killed.4

For decades the NRA insisted that Americans, and indeed everyone everywhere, had an absolute right to carry a firearm anywhere and campaigned for the right to carry, concealed and unconcealed, everywhere.5   Pretti had availed himself of that right.  He was going absolutely nothing illegal at the time he was gunned down.

The Administration's reaction has been to make every left wing gun control argument you've ever heard.

I don't know of any peaceful protester that shows up with a gun and ammunition rather than a sign.

Kash Patel.  Well, Kash, don't come to Wyoming then.  There aren't any, and I mean any, largescale demonstrations were people aren't carrying, concealed and unconcealed. Shoot, I saw a guy with a M1 Garand and fixed bayonet a couple of years ago.

Patel tried to claim that Pretti was breaking the law by carrying a sidearm at a protest, apparently ignoring that this guy became a hero for something like that:


Minneapolis police officials, at any rate, quickly disabused that notion, noting in the press and on Face the Nation that this simply isn't true.  Pretti wasn't breaking the law.

That same comment was made House Majority Leader Steve Scalise who was flat out confronted by Margaret Brennan on the same topic on Face the Nation.  Scalise stumpbed all over himself and said he was for the Second Amendment had had sponsored a concealed carry law down in Louisiana, but that if you are carrying a gun while breaking the law it's a felony, and Pretti was breaking the law.

Pretti wasn't breaking the law, but it does give you a pretty good idea of what the former Republican Party, now the Fascist Party, thinks of the 1st Amendment as well as the 2nd.

The ever nervous Scott Bessent had to appear on Meet the Press.

KARL: He was an ICU use who worked for the VA and there's no evidence he brandished the gun whatsoever

BESSENT: But he brought a gun

KARL: I mean, we do have a Second Amendment

BESSENT: I've been to a protest -- guess what? I didn't bring a gun. I brought a billboard

The always nervous Scott Bessent.6   

Bessent has been to a protest?  Was it a super megabucks soybean protest? 

Same thing here.  Now bringing a gun to a protest marks you for death.

Kristi Noem, whose thugs committed the killing, really went after Pretti, calling him a domestic terrorist.  That is now the official line for any of these protestors, they're terrorists.  Neom sated:

I don't know of any peaceful protester that shows up with a gun and ammunition rather than a sign.

Noem falsely accused Pretti of brandishing the weapon.

Stephen Miller called Pretti "an assassin" and accused him of trying to murder Federal agents.  

J. D. Vance repeated that lie, and Gregory Bovino more or less did.  Only Trump, who was initially claimed to have said something falsely, apparently hasn't.

    Ironically, it was the press and the police that were defending Second Amendment rights to carry the past couple of days. You shouldn't bring a gun to a protest.  Pretti's handgun, which is a fairly typical 9mm SIG, was a "military weapon" (it is, but just about any semi automatic handgun could be), he had "multiple magazines".

    And finally, we have the Dear Leader himself:

    I don’t like any shooting. I don’t like it. But I don’t like it when somebody goes into a protest and he’s got a very powerful, fully loaded gun with two magazines loaded up with bullets also. That doesn’t play good either.

    Donald Trump.7 

    Basically, the Administration's position is that if you are carrying a handgun, the Federal Government can gun you down.

    All things right out of the left wing gun control handbook.

    The very thing, I"d note, that the NRA warned us about, in regard to the Federal Government, with the irony being it comes right from the man they backed.

    Not that any of this should be a surprise.  I've never felt for a moment that Trump had any actually affinity for firearms or was a member of "gun culture".8    He's a salesman, and he sold gun owners a line of bull.

    Now they know better.  But it will be too late.

    The things is, however, the accomplishments on the Second Amendment have been made. They can be taken away.  Therefore, a real "fool me once" thing is at play here.  A lot of gun owners are going to keep backing Trump as they'll refuse to think on this.  

    And that's why support for Trump will prove to be too late.  W.E.B. Dubois declared that "only a fool never changes his mind".  How many gun owners will choose to be fools?

    Footnotes:

    1. The large number of shots suggest that the Border Patrol falls into the keep shooting category of policing, which many large city police do as well.  

    I'm not a fan of magazine capacity laws, but I"m at the point where I don't think most policemen of any type should carry a firearm at all, and that when they do, it's time to go back to .38 revolvers.  They're simply less likely to kill people if they are med in that fashion

    2.  A lot of people who find this to be a deep moral issue, and I do see it that way, voted for Trump on the false belief that they had no other choice.  There were other choices.

    Now Trump is urging his supporters to soften their opposition to abortion. Mitch McConnel gets credit for the conservative judiciary that Trump put in place, which issued the Dodds decision, but there would be no real strong reason to feel that Trump cares much about the issue himself.

    Trump's own sexual history is immoral, and usually multiple partners indicates a casual attitude towards abortion.  There's nothing to indicate that any of Trump's tarts had one, but he has shifted his position, and its still shifting, over the years.  

    3.  Trump really likes to brand himself as a peace president but there are no wars that the US was involved in when he took office that we are now out of, the only real lingering one being the war in Syria.  He's started a new conflict in Venezuela, conducted a largescale mixed result raid in Iran, and appears to about to hit Iran again.

    4.  Pretti's parents said that they knew he had a permit, but didn't know him to actually carry.  I'm in the same category.

    My reaction is probably a lot like a lot of people in Pretty's category.  I'm going to start carrying.  

    5. A spokesman from the NRA initially defended the shooting, slightly, and then the organization, waking up to the fact that it's about to be dumped by its members (it's already in financial trouble) backtracked and came out supporting carrying, but in a very muted fashion.

    6.  Bessent is another figure who doesn't square with what MAGA claims its view of the world is.  He's an open homosexual in a homosexual union, something that MAGAs declare as abhorrent and which they repeatedly sneered at Biden's Transportation Secretary Pete Buttigieg and his Press Secretary Karine Jean-Pierre for.  It's been interesting that Buttigieg and Jean-Pierre were condemned for the very same thing that Bessent does at home, the point being that like a lot of members of fascist movements, MAGA adherents will suspend all of their supposedly deeply held beliefs to follow the leader.

    7. The two magazine thing is a real left wing talking point.  

    Use of the terms "very powerful" and "bullets" in place of cartridges almost always demonstrates firearms ignorance.  9mm pistols are not "very powerful". Quite the contrary. That's why some police forces simply blaze away with them, and why soldiers are taught to shoot an opponent more than once.  The 9mm should be a good police round for that very reason as its unlikely to kill anyone with a single shot.

    8.  I'll have to get into gun culture, which I use as a positive expression, not a negative one, elsewhere, but I've never trusted anyone in the Second Amendment movement who wasn't an active member of a shooting sport, if even only a collector.  While Eric Trump is a hunter, Donald Trump's only outside interest seems to be the incredibly boring sport of golf.  If you can shoot, you wouldn't send much time on the golf course.

    Wayne LaPierre, the former head of the NRA, struck me that way also, but I don't really know much about him.  Chuck Gray in Wyoming strikes me that way also, although I could of course be wrong.

    Thursday, December 12, 2024

    Lex Anteinternet: Friday, December 12, 1924. Soviet Gun Control.

    Lex Anteinternet: Friday, December 12, 1924. Soviet Gun Control.: 

    Friday, December 12, 1924. Soviet Gun Control.

    The Central Executive Committee of the USSR issued a decree prohibiting the possession of almost all firearms, with the exception of shotguns for hunting, although much hunting in much of Russia, which was fairly common, was in fact done with rifles by necessity.

    Following 1933, the penalty for violation was five years imprisonment.  In 1935 knives were added to the list.

    During World War Two the ban was expanded with all firearms being required to be turned over to the state, although following the war, the USSR was awash in captured German weapons.  

    Presently, rifles may be registered for hunting.

    The USSR/Russia we might note, shares this status with Ireland, in being a country whose freedom, if you will, was brought about through the private exercise of arms, that then went around banning them.  In the USSR's case it isn't too surprising, as armed resistance against the Communists continued on into the 1930s in some areas and revived during the Second World War, to continue on until nearly 1950 after the war.

    Truly, there's a lesson here.

    1931 vintage Soviet hunting travel poster. Russia had a very vibrant hunting culture until the Communists came in.  Knowing that an armed populace would overthrow them sooner or latter, the Communists banned possession of rifles and pistols, which the Czar's government had not.  This poster shows a hunter taking on a grizzly bear with a double barreled shotgun, which might well end up in a bad result for the hunter.  Based upon the travels of a fellow I once knew who had hunted in the late stage USSR, later on you could hunt with a rifle, but it was a crappy rifle that belonged to the government you had to check out.  Interestingly, shotguns remain the one firearm produced in Russia which are somewhat good, although they are peculiar.

    The first issue of the weekly Saudi Arabian newspaper Umm Al-Qura, the official newspaper of the Saudi government, was published