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NEW YORK’S SULLIVAN ACT OFFENDS THE SECOND AMENDMENT TO THE U.S. CONSTITUTION AND MUST BE STRUCK DOWN
POST-BRUEN—WHAT IT ALL MEANS AND WHAT ITS IMPACT IS BOTH FOR THOSE WHO SUPPORT AND CHERISH THE RIGHT OF THE PEOPLE TO KEEP AND BEAR ARMS AND THOSE WHO DO NOT; THOSE WHO SEEK TO UNDERMINE AND EVENTUALLY DESTROY THE EXERCISE OF THE RIGHT AND THOSE WHO SEEK TO PRESERVE AND STRENGTHEN THE RIGHT BOTH FOR THEMSELVES AND THEIR DESCENDANTS
MULTI SERIES
PART TWENTY-THREE
SUBPART A
NEW YORK HAS ENACTED MANY GUN MEASURES FOR WELL OVER A CENTURY, BUT THERE IS ONLY ONE GUN LAW: THE SULLIVAN ACT OF 1911
For well over a century, ever since the enactment of the notorious Sullivan Act of 1911, the New York Government has successfully weathered all challenges to it.Since then, New York has enacted many laws directed at guns and gun possession, but these laws, properly understood, are not standalone gun laws. They are all revisions or amendments to the archaic Sullivan Act.This means that, while New York has MANY “gun laws” (lower case), the State truly has only ever had ONE “GUN LAW” (upper case).It is important to understand this. As long as the Sullivan Act exists, Americans residing or working in New York who desire to exercise their fundamental natural law right to armed self-defense will face constant obstacles and hurdles, and even Government harassment that negatively impacts their enjoyment of the Second Amendment guarantee.The 2022 U.S. Supreme Court case NYSRPA vs. Bruen did nothing to diminish the impact of the Sullivan Act in practice. New York’s GUN LAW is as dictatorial and as oppressive now, as it was prior to Bruen.This became apparent once the New York State Legislature passed, and New York Governor Kathy Hochul signed into law, a new package of amendments to the Sullivan Act, titled, “Concealed Carry Improvement Act” of 2022, more often referred to by the acronym “CCIA.”The CCIA pays lip service to the Bruen rulings insofar as, and only to the extent that, the GUN LAW sheds the verbiage “PROPER CAUSE” from the Sullivan Act. That is the only concession made. Other than that, the GUN LAW is no less burdensome than before the passage of the CCIA, and in one major respect, worse.For, even with “PROPER CAUSE” struck from the GUN LAW, the “MAY ISSUE/GOOD CAUSE” requirement remains unscathed.The Government simply subsumed “PROPER CAUSE” into “GOOD MORAL CHARACTER.” The new standard is as subjective as the old one.Present holders of valid New York concealed handgun carry licenses must comply with a new set of requirements to carry a handgun in New York. They are placed in the same boat as new applicants.New York gun owners were not fooled by the CCIA. Challenges to the Constitutionality of the amendments came within days of the Government's passage of it. Those cases are ongoing.The Arbalest Quarrel has written extensively on this and will stay on this. Readers are invited to peruse our comprehensive blog posts. And Ammoland Shooting Sports News has kindly reposted our articles. See, e.g., articles posted on January 20, 2023, January 9, 2023, January 6, 2023, January 5, 2023, and December 28, 2022—just to name a few.Unconscionable constraints on the exercise of the right to armed self-defense under the Kathy Hochul Government are no more relaxed than under the Government of her predecessor, Andrew Cuomo, and remain a top priority for her administration. The Sullivan Act of 1911 makes this possible.Suppression of the right of the people to keep and bear arms in New York continues unabated, with the infusion of more and more restrictive, repressive gun measures, inexorably whittling away at the natural law right to armed self-defense.Nothing will stop this juggernaut unless or until either one of two things occurs: The State Legislature repeals the Sullivan Act, or the New York Federal or State Courts strike the Sullivan Act down.Neither one of these two actions will occur as long as the New York Government and the New York State and Federal Courts retain a mindset abhorrent of firearms and antithetical to civilian citizen ownership and possession of firearms. Neither the New York Government nor the U.S. Supreme Court has any illusion about this.The problem rests with the concept of “LICENSING OF HANDGUNS,” spawned by the Sullivan Act well over a century ago. The Sullivan Act introduced the formal handgun licensing scheme to New York.The New York Government knows that, as long as handgun licensing remains ostensibly “lawful,” the Government can and will continue to make incursions on the Second Amendment. The U.S. Supreme Court knows this, too.“The current handgun laws of New York State and New York City trace their origin to the state Sullivan Dangerous Weapons Act of 1911. Proposed by Democratic State Senator and Tammany Hall leader Timothy D. ‘Big Tim’ Sullivan, who represented the slums of lower Manhattan, the Act made it a misdemeanor to possess a handgun without a permit and a felony to carry a concealed weapon in public. Whereas the Act designated judges as the licensing officers in much of the state, it gave the New York City police commissioner sole authority to grant or deny licenses in New York City, an arrangement that persists to this day. At least part of the motivation behind the Sullivan Act was a desire to keep firearms out of the hands of recent immigrants from Italy and Southern Europe—perceived to be prone to violence—by giving the New York Police Department (NYPD) the power to grant or deny permits. The NYPD's Licensing Division still handles all handgun license applications in the city. Today, it remains illegal to possess a handgun anywhere in New York State without a license. Section 265.01(1) of the New York Penal Law makes possession of a handgun an automatic class A misdemeanor, unless a person can qualify for one of the exceptions listed in section 265.20. For ordinary citizens, the only exemption that applies is possession with a license issued under section 400.00. . . . Today, it remains illegal to possess a handgun anywhere in New York State without a license. . . . As has been the case since the passage of the Sullivan Act, obtaining a license under Penal Law section 400.00 is the only lawful way for civilians in New York State to possess a handgun. . . .” “Pursued by a ‘Bear’? New York City's Handgun Laws in the Wake of Heller and McDonald,” 46 Colum. J.L. & Soc. Probs. 145, Winter 2012, by Matthew Bridge, J.D. Candidate 2013, Columbia Law.”New York holders of valid handgun licensees may not be immediately aware of an important fact. The handgun license acquired does not belong to the holder of it. The license is and remains the property of the licensing authority. Moreover, the conditions set by the licensing authority are terse, categorical, and blunt. For example, the holder of a handgun license issued by the New York City Police Department must surrender the license upon demand of the Police Department. That means his firearms must be vouchered as well. The reverse side of the license issued by the NYPD sets forth the following:“This license is revocable at any time. Upon demand of a police officer, a licensee must immediately surrender his/her license and handguns. Lost, stolen, confiscated, or surrendered handguns must be reported to the License Division immediately at 646-610-5560 or 646-610-5154.” [see discussion of NYPD handgun licensing procedures in AQ article, posted on October 19, 2015]The CCIA doesn't address this. But one should assume that such language will be incorporated in such new handgun licenses that a New York license authority happens to issue.When the High Court handed down the Bruen decision on June 23, 2022, the Court knew it was tinkering around the edges of a beast. It should have struck down the Sullivan Act, at that time, but it didn’t.Possibly, Associate Justices Clarence Thomas and Samuel Alito would have done just that. The Court certainly had an opportunity to attack the Sullivan Act head-on when the Court took up for review the New York Second Amendment case, NYSRPA vs. City of New York, 140 S. Ct. 1525 (2020). Little came of that.__________________________________
SUBPART B
THE U.S. SUPREME COURT HAD TWO OPPORTUNITIES TO CONFRONT NEW YORK’S NOTORIOUS SULLIVAN ACT HEAD-ON BUT IN BOTH INSTANCES THE COURT PUNTED
Chief Justice John Roberts, Associate Justice Brett Kavanaugh, and the liberal wing of the Court would have none of that. They allowed the City of New York and past Governor of New York, Andrew Cuomo, to sidestep the unconstitutionality of the Sullivan Act, by amending both the New York City gun regulations and the New York State Gun Law to ostensibly cohere with the dictates of the Second Amendment.Justice Brett Kavanaugh, adding an odd Concurring Opinion, attempted to split hairs, writing,“I agree with the per curiam opinion’s resolution of the procedural issues before us—namely, that petitioners’ claim for injunctive relief against New York City’s old rule is moot and that petitioners’ new claims should be addressed as appropriate in the first instance by the Court of Appeals and the District Court on remand.I also agree with Justice Alito’s general analysis of Heller and McDonald. Post, at 1540-1541; see Heller v. District of Columbia, 670 F. 3d 1244, 399 U.S. App. D.C. 314 (CADC 2011) (Kavanaugh, J., dissenting). And I share Justice Alito’s concern that some federal and state courts may not be properly applying Heller and McDonald. The Court should address that issue soon, perhaps in one of the several Second Amendment cases with petitions for certiorari now pending before the Court.”Justice Alito joined by Justices Thomas and Gorsuch saw the game the New York Government had played on New York’s gun licensees.The Chief Justice and other Justices permitted this. Perhaps they were pleased with it. But Associate Justices Alito and Thomas and Gorsuch would not stand for it. He set forth in detail his awareness of it, and his justified anger over it:“By incorrectly dismissing this case as moot, the Court permits our docket to be manipulated in a way that should not be countenanced. Twelve years ago in District of Columbia v. Heller, 554 U. S. 570, 128 S. Ct. 2783, 171 L. Ed. 2d 637 (2008), we held that the Second Amendment protects the right of ordinary Americans to keep and bear arms. Two years later, our decision in McDonald v. Chicago, 561 U. S. 742, 130 S. Ct. 3020, 177 L. Ed. 2d 894 (2010), established that this right is fully applicable to the States. Since then, the lower courts have decided numerous cases involving Second Amendment challenges to a variety of federal, state, and local laws. Most have failed. We have been asked to review many of these decisions, but until this case, we denied all such requests.On January 22, 2019, we granted review to consider the constitutionality of a New York City ordinance that burdened the right recognized in Heller. Among other things, the ordinance prohibited law-abiding New Yorkers with a license to keep a handgun in the home (a ‘premises license’) from taking that weapon to a firing range outside the City. Instead, premises licensees wishing to gain or maintain the ability to use their weapons safely were limited to the seven firing ranges in the City, all but one of which were largely restricted to members and their guests.In the District Court and the Court of Appeals, the City vigorously and successfully defended the constitutionality of its ordinance, and the law was upheld based on what we are told is the framework for reviewing Second Amendment claims that has been uniformly adopted by the Courts of Appeals. One might have thought that the City, having convinced the lower courts that its law was consistent with Heller, would have been willing to defend its victory in this Court. But once we granted certiorari, both the City and the State of New York sprang into action to prevent us from deciding this case. Although the City had previously insisted that its ordinance served important public safety purposes, our grant of review apparently led to an epiphany of sorts, and the City quickly changed its ordinance. And for good measure the State enacted a law making the old New York City ordinance illegal.Thereafter, the City and amici supporting its position strove to have this case thrown out without briefing or argument. The City moved for dismissal ‘as soon as is reasonably practicable’ on the ground that it had ‘no legal reason to file a brief.’ Suggestion of Mootness 1. When we refused to jettison the case at that early stage, the City submitted a brief but ‘stress[ed] that [its] true position [was] that it ha[d] no view at all regarding the constitutional questions presented’ and that it was “offer[ing] a defense of the . . . former rul[e] in the spirit of something a Court-appointed amicus curiae might do.” Brief for Respondents 2. A prominent brief supporting the City went further. Five United States Senators, four of whom are members of the bar of this Court, filed a brief insisting that the case be dismissed. If the Court did not do so, they intimated, the public would realize that the Court is ‘motivated mainly by politics, rather than by adherence to the law,’ and the Court would face the possibility of legislative reprisal. Brief for Sen. Sheldon Whitehouse et al. as Amici Curiae 2-3, 18 (internal quotation marks omitted).Regrettably, the Court now dismisses the case as moot. If the Court were right on the law, I would of course approve that disposition. Under the Constitution, our authority is limited to deciding actual cases or controversies, and if this were no longer a live controversy—that is, if it were now moot—we would be compelled to dismiss. But if a case is on our docket and we have jurisdiction, we have an obligation to decide it. As Chief Justice Marshall wrote for the Court in Cohens v. Virginia, 19 U.S. 264, 6 Wheat. 264, 404, 5 L. Ed. 257 (1821), “[w]e have no more right to decline the exercise of jurisdiction which is given, than to usurp that which is not given.”Thus, in this case, we must apply the well-established standards for determining whether a case is moot, and under those standards, we still have a live case before us. It is certainly true that the new City ordinance and the new State law give petitioners most of what they sought, but that is not the test for mootness. Instead, “a case ‘becomes moot only when it is impossible for a court to grant any effectual relief whatever to the prevailing party.’” Chafin v. Chafin, 568 U. S. 165, 172, 133 S. Ct. 1017, 185 L. Ed. 2d 1 (2013) (emphasis added). “‘As long as the parties have a concrete interest, however small, in the outcome of the litigation, the case is not moot.’” Ibid. (emphasis added).Respondents have failed to meet this ‘heavy burden.’ Adarand Constructors, Inc. v. Slater, 528 U. S. 216, 222, 120 S. Ct. 722, 145 L. Ed. 2d 650 (2000) (per curiam) (internal quotation marks omitted). This is so for two reasons. First, the changes in City and State law do not provide petitioners with all the injunctive relief they sought. Second, if we reversed on the merits, the District Court on remand could award damages to remedy the constitutional violation that petitioners suffered.”See also AQ two articles analyzing the “Gun Transport Case” posted on our website on April 27, 2020, and on May 8, 2020. Our April 27, 2020 article was reposted on Ammoland Shooting Sports News, on that same April 27 date. See also the AQ article posted on Ammoland Shooting Sports news on April 26, 2021. In that article, we remarked with satisfaction that the U.S. Supreme Court had agreed to take up a second New York gun case. In that case, captioned, NYSRPA vs. Corlett, 141 S. Ct. 2566 (2021), the High Court granted certiorari:“Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit granted limited to the following question: Whether the State's denial of petitioners’ applications for concealed-carry licenses for self-defense violated the Second Amendment.”The public would come to know this case as NYSRPA vs. Bruen, once Kevin P Bruen, the new Superintendent of the New York State Police replaced his predecessor, Keith M. Corlett.The matter discussed in NYSRPA vs. Bruen was of an order of magnitude greater than the earlier case, NYSRPA vs. City of New York, insofar as the Bruen case dealt more directly with the Sullivan Act—the Act that required Americans to obtain a license to carry a handgun in public for self-defense.Yet, as impactful as the Bruen case WAS and IS, the High Court didn’t strike down the core of the Sullivan Act.Chief Justice Roberts, and the liberal wing of the Court evidently realizing the possibility of this, consciously limited the issue on review.The Bruen rulings, handed down on June 23, 2022, although potent and compelling, nonetheless provided the Hochul Government a modicum of wiggle room. That wiggle room allowed the Government to slither around the rulings through the enactment of a plethora of amendments to the Sullivan Act.As implausible and unconvincing a response to the Bruen rulings, as these amendments are, they served a purpose: to waylay the full impact of Bruen. And that is exactly what Hochul and the State Government in Albany did._____________________________________
SUBPART C
NEW YORK GOVERNOR KATHY HOCHUL KNEW THE BRUEN RULINGS WOULD BE DAMAGING TO THE STATE’S GUN LAW, THE SULLIVAN ACT, BUT SHE WOULD NOT ALLOW BRUEN TO GET IN THE WAY OF HER AGENDA
Challenges to the amendments to the Sullivan Act, i.e., the CCIA, came at once. This wasn’t unexpected.The Hochul Government knew this would occur since the Government’s amendments didn’t alleviate New York gun owners’ justified concerns over the exercise of the right to armed self-defense. The measures Hochul signed into law weren’t meant to do that. Hochul’s attack on the Second Amendment continued unabated and, in fact, intensified.The Government had planned to proceed with its agenda to restrain and constrain the exercise of a Divine Natural Law Right ever since New York enacted its “GUN LAW.”Heller and McDonald didn’t stop New York and other similar jurisdictions from continuing to constrain the exercise of the right of the people to keep and bear arms. And Bruen wasn’t going to constrain New York and these other jurisdictions, either.The Hochul Government hoped the Courts would dismiss the challenges to the CCIA.After all, the New York State and Federal Courts had more often than not acquiesced to the Government in the many years and decades since the passage of the Sullivan Act, and the Hochul Government had no reason to expect the Courts wouldn’t do so now.Striking the expression, “PROPER CAUSE” from the GUN LAW served as mere window dressing.The Government knew exactly what it was doing when Albany passed the CCIA and Kathy Hochul signed the CCIA into law, as did the Plaintiffs, who brought suit against the Government, intent on preventing the Hochul Government from defying Bruen.Placing the requirement of “PROPER CAUSE” into another fixture of the Sullivan Act, “GOOD MORAL CHARACTER,” that the High Court didn’t address, apparently seemed to both Kathy Hochul and the Democrat Party-controlled Legislature in Albany, a convenient way to avoid the strictures of Bruen.Hochul and Albany simply had to convince the New York Courts to go along with the charade.But the lower U.S. District Court for the Northern District of New York—the first Court called upon to deal with the CCIA—didn’t play along. This obviously surprised and puzzled and concerned the Hochul Government. The Federal trial Court imposed a stay on enforcement of the CCIA by granting the Plaintiffs’ Motion for a Preliminary Injunction, during the pendency of the Plaintiffs’ suit on the merits.The Hochul Government immediately appealed the decision of the New York District Court to the U.S. Court of Appeals for the Second Circuit, and the higher Court provided Hochul with some breathing room.The Plaintiff New York concealed handgun carry licensees weren't going to take this lying down. They appealed the adverse Second Circuit Court ruling to the U.S. Supreme Court.The High Court deemed the case important enough to review a non-final interlocutory order, a rare occurrence.The High Court didn’t lift the stay imposed by the Second Circuit on the Plaintiff New York Concealed Carry Handgun licensees, but the result wasn't a complete win the Hochul Government might have wished for, either. The Hochul Government is able to breathe a sigh of relief, for a time at least. But the High Court made clear it will be watching closely to determine whether either the Second Circuit or the Government is dragging its feet on this. A day of reckoning is coming for the New York Government. And the Sullivan Act’s head is in the guillotine.Having grown visibly tired of seeing Heller, McDonald, and now Bruen waylaid by stubborn State Governments and their Courts, and by their brethren on the High Court as well, Associate Justices Clarence Thomas and Samuel Alito will insist on attacking unconstitutional Government laws directly, and strenuously. With a no-nonsense legal mind like Amy Coney Barrett on the High Court, New York gun owners and Americans around the Country may finally see their efforts through the years and decades finally bearing fruit.Hochul and Albany know the Sullivan Act’s days are numbered. A gun licensing regime clearly designed to subvert the fundamental natural law right to armed self-defense is a thing that, long ago, should have been repealed by the State Legislature or struck down by the New York Courts, buried, and never again resurrected.Instead, this thing has not only lingered but has through time grown appreciably stronger. It is an affront to the Nation’s history and heritage, and inconsistent with our Nation's core beliefs, grounded as they are on the sanctity and inviolability of the individual Self over Government. New York's Sullivan Act is inconsistent with the import and purport of the Bill of Rights and contrary to the natural sovereignty of the American citizenry over the Government.The New York Safe Act of 2013, signed into law by Andrew Cuomo, and the Concealed Carry Improvement Act of 2022, signed into law by Cuomo’s successor, Kathy Hochul, are not to be perceived as models of a new era in America, but, rather as relics of an earlier time—a much earlier age—one harkening back to medieval feudalism.The U.S. Supreme Court must strike down the Sullivan Act. That will serve to send a strong message to the States that have similar Anti-Second Amendment regimes, and that will also serve to send a strong message to the Biden Administration, too.These so-called “elites” who machinate for a world empire in their meetings held in Davos and in the Government offices of Brussels and in the clandestine meetings of the Bilderberg Group and in other such secretive enclaves dispersed throughout the world are all throwbacks to and should be perceived as nothing more or other than throwbacks to medieval Europe.These “elites” seek a return to the world of the Middle Ages, a world of empire, consisting of legions of abjectly penurious serfs, the “preterite,” and a minute number of extravagantly wealthy and powerful royalty and nobility, the “elect.”The empire this new royalty and nobility envisions, and which is taking shape, is designed to embrace all of Europe, the British Commonwealth Nations, and the United States as well.Craven toadies like Hochul and Newsome and the brain-addled, corrupt Biden, have made clear that their interests are not our Nation’s interests nor those of our people. And their allegiances are not to our Nation, nor to our Constitution, nor to our people.Their aim is to incite ill will among the American people and to destabilize our cities, counties, states, and the entire Union, so that the whole may weaken and fall. These destructive forces then intend to merge the remains of our Country and its people into a grandiose neo-feudalistic world order that serves the interests and goals of their foreign, alien masters, not their Countrymen.Americans should resist all efforts, seductive or forceful, aimed to compel compliance.We can begin by making clear that we will not relinquish our Bill of Rights.We will not relinquish our duty and our ability to resist tyranny.We will not relinquish our natural law God-Given right to keep and bear arms.____________________________________Copyright © 2023 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.
“THE PRIVILEGE” TO KEEP AND BEAR ARMS SHALL NOT BE INFRINGED?
“THE PRIVILEGE” TO KEEP AND BEAR ARMS SHALL NOT BE INFRINGED?
QUOTATION LEAD-IN TO ARTICLE
“It is time for us to think outside the box and form two countries. Instead of civil war I propose civil separation. We are two countries, so ideologically opposed that each feels victimized and dominated by the other. Political leaders need to step up and brainstorm next steps. Clearly lay out the two ideologies and give each state a vote as to where they belong.” ~“Opinion Letter” from reader of The New York Times posted on June 5, 2022, responding to May 27, 2022 “America May Be Broken Beyond Repair,” by the Political Progressive Columnist for the Times, Michelle Goldberg. The letter writer, Dawn Menken, a Psychologist, from Portland, Oregon, is the author of “Facilitating a More Perfect Union: A Guide for Politicians and Leaders,” published in 2021*
THE CONCEPT OF ‘PRIVILEGE’ ISN'T AT ALL THE SAME THING AS AN ‘UNMODIFIABLE, FUNDAMENTAL, IMMUTABLE, ILLIMITABLE, AND ETERNAL GOD-BESTOWED RIGHT’, BUT THE TWO CONCEPTS ARE OFTEN, AND ERRONEOUSLY, CONFLATED
If the American public didn’t know the truth before, it knows it now: the battle for the very Soul of the Country is on the line, and Ground Zero of that battle isn’t Uvalde, Texas. It’s New York City, New York.The Nation is indeed “two Countries,”—no less so now than at the time of the American Civil War: friend against friend, brother against brother, uncle against cousin, father against son. But, what is different today is that ideologies cut across and into the very notion of what it means to be an American. There are those who hold to the meaning and purport of our Nation as set forth in our Constitution and especially in the Nation's Bill of Rights. And there are those who wish to jettison all of it in the erroneous belief that our Nation is at its core, immoral, even evil. They wish to destroy the very fabric of a free Constitutional Republic. These adherents of the ideology of Collectivism have, with the aid of nefarious and shadowy and powerful forces, residing both here and abroad, gained control over much of the Federal Government. And having gained control over much of the Press and of media, as well, they propagate their message to the American people incessantly and vehemently. But one thing these Collectivist overseers have not gained control over: America's armed citizenry. And that disturbs and perplexes them and places them in a quandary as to what to do about it. For doing something about that, these Collectivists must. One cannot destroy a Nation if one cannot gain control over those who have the will and means to effectively resist the insinuation of tyranny over them.But, how does one go about separating an estimated 400 million firearms (according to American Gun Facts) in the hands of one-third of the target population. According to a November 2020 Gallop Poll, thirty-two percent of Americans possess firearms. See also report of the Rand Corporation, a 2017 report of the Pew Research Center, titled, “the Demographics of gun ownership,” and an SSRN 2021 “National Firearms Survey.” Seditious newspapers, like the Washington Post, New York Times, Los Angeles Times, and USA Today, and seditious Cable and Broadcast news organizations, including ABC, NBC, CBS, CNN, MSNBC, PBS, and NPR disparage guns and gun ownership so frequently and so vehemently that a person is led to infer that their business models are designed around that one narrative. The amount of air time and Press coverage these news organizations devote to defensive use of arms is so scarce as to be essentially nonexistent. Such mention that is made of effective defensive use of arms to thwart criminal because of too much internet chatter regarding it, is given curt treatment with the hope that it will eventually dissipate on its own. Instead the American psyche is bombarded with viral memes. Injected with and subjected to verbal and visual memes on a daily basis, the American develops a phobic reaction toward guns and toward those who possess them: word phrases such as Gun Violence, Gun Culture, Mass Shootings, Assault Weapons, AR-15 Rifles, Weapons of War, Large Capacity Magazines, when coupled with images of violence operate as visual and auditory cues, that induce a neurotic reaction in the target population. This is to be expected; in fact this is intended. The goal is to create in the mind of the target a feeling of physical revulsion and repulsion toward guns.But, is it really a concern over the safety of innocent people that motivates a vigorous response against firearms and firearms' ownership, misguided though that be, or is there something more sinister at play? If it were the former, one would expect a harsh response toward the massive wave of everyday criminal violence infecting our Country, especially in the major urban areas. But, we see no such response. Those State and municipal Government officials and legislators who rabidly attack guns in the hands of average, rational, responsible, individuals handle rampant violent and vicious crime infecting their locales with an air of casual indifference and diffidence. So, it cannot be violent crime generally or violent gun crime committed by drug-crazed lunatics, psychopathic and psychotic gangbangers, and by garden-variety criminals that motivate these officials. What might it be, then? Why would Neo-Marxist/Neoliberal Globalist Government officials, along with their compatriots in the Press, go off half-cocked whenever a rare occurrence, invariably avoidable, of "mass violence" arises, occasioned by the actions of a solitary lunatic? Why would Government officials and legislators shriek for more nonsensical gun laws, targeting tens of millions of average Americans, predicating the need for it on the lowest common denominator among us: the lone wolf psychotic. The answer is plain. The actions of the lone wolf psychotic merely provide a convenient pretext. It isn't the criminal actions of the lone wolf malcontent psychotic that Government is concerned about. For that lone wolf doesn't pose a viable threat to a Government. Rather, it is the armed citizenry that poses a threat to Government and by the very fact that the citizenry is armed. But, why should Government fear its own citizenry? It shouldn't and wouldn't unless Government seeks to usurp the sovereignty of the citizenry, as it clearly aims to do.A perspicacious Tyrant would know it is a Tyrant. But this Federal Government doesn't know it. So entrenched in Tyranny is this Federal Government through years and decades of usurpation of the authority rightfully belonging to the American people, that it has grown oblivious to its unlawful usurpation of power and authority. The Federal Government has amassed power and authority that doesn't belong to it, and never did belong to it, believing, wrongly, that the power it has usurped from the people is rightfully its own. And the Government has become jealous in guarding this power, hoarding it all for itself.It then stands to reason that the Federal Government would come to perceive the armed citizenry as a potential rival to crush, rather than as a master to serve. But, even in that the Federal Government, as Tyrant, is really but a caretaker to those bankers and financiers who are plotting the demise of this western Nation-State and all western Nation-States.Americans celebrate July 4 every year, since July 4, 1776, the Day America's first Patriots declared their independence from tyranny. The Declaration of Independence was a righteous but defiant act. It led to war. It was a war hard fought. And the seeming underdog vanquished the mighty British empire. July 4, 2022, is just around the corner. But every year, since the turn of the 21st Century, Americans have had cause for concern, whether this July 4th Celebration would be our Nation's last.The founders created a Republican form of Government, having considered and dismissed many others. the American people would themselves be sovereign rulers where their representatives would serve and represent their interests. A Republican form of Government as envisioned and as created is antithetical to a Dictatorship, where Government is sovereign over the people.The British monarchy would eventually come to terms with loss of the American colonies. The Rothschild clan, on the other hand, would not forgive nor forget the loss of those colonies, and the loss of financial riches across the Atlantic Ocean. With the help of other financiers they realized it best to use subterfuge rather than arms to defeat the colonialists descendants. With the creation of the Federal Reserve System and with the seeding of money to the representatives of the people, to do their bidding and not that of the American people, and with their control over vast levers of power of Government, and with their control of the Press—the mechanism of dissemination of information—the Rothschild clan and its captain have gained back in two hundred and fifty years all that they had lost in eight years of the American Revolutionary War—but for one thing:
UNLIKE THE PEOPLE OF THE EUROPEAN UNION AND OF THE BRITISH COMMONWEALTH NATIONS, THE AMERICAN PEOPLE ARE AN ARMED PEOPLE
A Tyrannical Caretaker Government for the Rothschild and Soros Financiers and Globalist Billionaire elites cannot gain control over a citizenry that has the requisite will and the means to effectively resist oppression and subjugation.Americans are well aware that the loss of their Republic, their Sovereignty, of their God-Given Rights and Liberties is at hand—but for the fact that Americans are armed.The senile, corrupt, weak-willed, and weak-kneed puppet of the Globalist elites, signed a flurry of executive orders on a wide variety of matters, rescinding and countermanding the gains made by Donald Trump in returning our Nation to prosperity and prominence on the world stage. But, the policy-makers wisely refrained from taking any action, curtailing the right of the people to keep and bear arms. The puppet masters knew that they would need time to consolidate their power even with the feeble, frail Biden puppet and legions of other lackeys at their disposal. And time they now had with Trump removed from Office. And they knew that it would be just a matter of time before some lunatic with a gun would create a furor that the Press could pounce upon. Perhaps, they even had a hand in prepping their psychotic robots to instigate the events that would serve as the quasi-plausible pretexts upon which to launch a flurry of new anti-gun legislation.All of this would be necessary. A new soci0-political-economic paradigm embracing the entire world is an ambitious project. And the remains of the United States is a vital component for bringing that project to fruition. Pragmatic concerns mandate this. But emotions probably also play a part. The Rothschild clan could see, not only in the demise of the United States, but in the manner of that demise—Americans denigrating their own history and heritage, destroying their own monuments, disparaging their own Founders—a malicious joy in that undertaking would be something the Rothschild clan and George Soros et. al. would chuckle over.The nascent American people effectively resisted tyranny once before, long ago, against immense odds, and overthrew a tyrannical Government, the British Empire. That empire was nominally ruled by a Monarch, George III. But it was effectively ruled by the Rothschild Banking Cartel.George III was long laid to rest. The present British Dynasty, the House of Windsor, is decadent, effete, corrupt, and a major expense to the English people. Once Queen Elizabeth dies, the monarchy will quickly wither under King Charles if he becomes King at all. The English Parliament, like the monarchy operates more by empty ritual. The real power resides in the Bank of England, just as the Federal Reserve presides over the Government of the United States.The United States Supreme Court will soon release its decision in Bruen, and the puppet masters and their minions in the Press and in Government are worried; frantic, really. What claim can they make on the Nation if sovereignty over it continues to rest, not in them, but in the American people?Much more concerning to the Nation’s Destructors than a High Court decision in the Dobbs abortion case—a leaked version of which created a furor as it was designed to do—is retention by the Right of the People to Keep and Bear Arms. Unrestrained exercise of this Fundamental God-Given Right by the people goes to the heart of our Nation’s history, heritage, traditions, ethos, culture, and ethical and legal foundation.The Nation’s enemies, both inside it and outside it, detest America’s armed citizenry. They hate the Nation’s freedoms and liberties. They disdain the Nation’s belief and faith in Divine Natural Law.That abhorrence isn’t grounded on mere aesthetics or even on ethical concerns. It is based on frustration, rage, and fear. The Bill of Rights prevents America’s domestic and foreign enemies from taking control over the Nation and its people.In colorful language, The NYTimes explains this frustration, rage, and fear—one borne of Americans’ insistent adoration for its Bill of Rights. The Times says:“Most Republicans in the Senate represent deeply conservative states where gun ownership is treated as a sacred privilege enshrined in the Constitution, a privilege not to be infringed upon no matter how much blood is spilled in classrooms and school hallways around the country.” ~ from an article in The New York Times, May 26, 2022, by Carl Hulse, Chief D.C. correspondent for the NYTimes.That aforementioned article came out in late May. Two weeks later, ten U.S. Republican Senators, “Ten Little Indians”,** broke ranks. They betrayed their Oath to their Constituents. That was bad enough. But, they also betrayed their Oath to Country and to Constitution. That was worst of all. For, in doing so, they betrayed their Faith and Allegiance in the Divine Creator in daring to circumvent Divine Will. They have joined the ranks of the Democrat Party Neo-Marxist/Neoliberal Globalist Satanists. These “Ten Little Indians”—these ignominious United States Republican Party Senators, ten in number—should, properly, justifiably, suffer the fate of those “Ten Little Indians” of poem.The Hill reports, “A bipartisan group of senators announced a deal Sunday on framework legislation to address a recent surge in gun violence in the U.S.The proposed legislation includes funding for school safety resources, strengthened background checks for buyers under the age of 21, incentives for states to implement their own red flag laws, penalties for straw purchases of firearms and increased protections for domestic violence victims.The bipartisan group was made up of 20 senators, including 10 GOP lawmakers, many of whom are strong supporters of gun rights and political allies of the powerful National Rifle Association (NRA).”With support from those 10 Republicans, the legislation likely has the votes to overcome the 60-vote threshold to avoid a filibuster in the Senate. And what caused these 10 Republicans to take affirmative action against preservation of an absolute and essential fundamental Right—the Natural Law Right of Armed Self-Defense? What caused these Republicans to capitulate to the Neo-Marxist Democrats: Bribes of Money? Desire to appease an angry mob of Neo-Marxist Cultist lunatics? Fear of physical assault from this angry mob of Neo-Marxist Cultist fanatics and lunatics if these Republicans failed to bow down to the mob and to a renegade Neo-Marxist/Neoliberal Globalist-controlled Congress and to the powerful and ruthless forces that control them both? Or, were they of that mindset all along:The Destroyers of our Nation don’t even deign to refer to gun possession as a Basic Right—the most basic Right: one grounded on personal survival, be it from predatory creature, predatory man, or predatory Government. Rather they utilize the word, ‘privilege,’ in lieu of ‘right,’ to describe those who seek to exercise it. Tacit in the word, ‘privilege,’ is the idea of something wonderful that some people attain by dint of birth advantage or connection made or acquired—but that most do not.This substitution of words is no small thing. To be sure, the words, ‘right’ and ‘privilege,’ are often conflated. For example, in the Merriam-Webster dictionary——“A privilege is a right or advantage gained by birth, social position, effort, or concession.” Yet, a “Right’, i.e., a “Fundamental God-Bestowed Right” is something beyond mere “Privilege.” It is a thing intrinsic to a person—derived from natural law. The Stanford Encyclopedia of Philosophy elaborates on this:
- “To have a right is to have a ‘valid claim.’”
- “‘In the strictest sense’ all rights are claims.”
- “A right, in the most important sense, is the conjunction of a [privilege] and a claim-right.”
- “All rights are essentially property rights.”
- “Rights are themselves property, things we own.”
This distinction between ‘fundamental right’ and ‘privilege’ rests at the root of Bruen, whether one knows this or not, and therein rests its singular importance for Americans.And the Bruen case is more important to the preservation of a free Republic than many Americans can truly appreciate or the legacy Press and Government will let on.In its Brief for review, on December 17, 2020, the Petitioner presented the issue thus:“Whether the Second Amendment allows the government to prohibit ordinary law-abiding citizens from carrying handguns outside the home for self-defense.”The issue as stated goes to the heart of the import of the Second Amendment. Do Americans have a fundamental, unalienable right to keep and bear arms, or not? Petitioners meant to bring that salient issue front and center. Heller made clear that a person has the unalienable right to keep and bear arms in defense of hearth and home. But, the underlying basis for that ruling and the substructure of it is this: the right of the people to keep and bear arms is an individual right. The tacit implication is this: exercise of that right is grounded on natural law, and beyond the power of the State to meddle in it, i.e., the Right of the People to Keep and Bear Arms is God-bestowed, and, therefore, Absolute.In an attempt to lessen the impact of a ruling expected to favor the Petitioner, the Robert’s Court limited the scope of the issue on review to consideration of the Constitutionality of the City’s procedures for issuing concealed handgun carry licenses. The High Court redrafted the issue on review to this:“Whether the state of New York's denial of petitioners' applications for concealed-carry licenses for self-defense violated the Second Amendment.”John Roberts and the liberal wing of the Court attempted to chop off the legs of the issue at the knee: reducing the reviewable issue merely to the constitutionality of NYPD procedures.In light of the recent Uvalde, Texas incident, an incident that the Harris-Biden Administration, along with a Democrat-Marxist-controlled Congress and seditious Press, has irresponsibly, reprehensibly, unconscionably, shamelessly and incessantly focused the public's attention on and magnified to further its goal—the eradication of the Nation's Second Amendment of the Bill of Rights and the toppling of a free Constitutional Republic—the Bruen case takes on heightened importance. This Neo-Marxist/Neoliberal Globalist abhorrence of the armed citizenry is borne of outright fear. The Tyrant always hates and fears an armed citizenry. But, what might Americans expect from the High Court apropos of Bruen.In a worst-case scenario for the puppet masters and their minions who seek the dismantling of our free Republic, the Court will strike down the entire handgun licensing regime. If that were to happen, the impact would be felt across the Nation.Americans would immediately commence filing lawsuits challenging restrictive concealed handgun licensing regimes across the Nation, as well they should.The Bruen case was/is primed to do just that. And, after more than a decade— and with Marxist/Globalist Government's continuing consolidation of power, methodically and inexorably stripping the citizenry of its Fundamental Rights and of its sovereignty over Government—it is high time for another seminal Second Amendment case. Only through the preservation of the armed citizenry can America's Patriots ever hope to preserve the Founders hard-fought victory over oppression and Tyranny. Only through steadfast defense of the meaning, and purpose, and the American Revolution of 1776, can Americans effectively repulse the Neo-Marxist/Neoliberal Globalist Open Society/EU/UN/New World Order Collectivist Counterrevolution of the 21st Century.___________________________________
DON’T RELY ON THE U.S. SUPREME COURT TO PROTECT THE SECOND AMENDMENT.
THE FORTHCOMING BRUEN DECISION IS LIKELY TO BE MORE DISAPPOINTMENT THAN JOY—JUST LIKE THE NEW YORK CITY GUN TRANSPORT CASE DECISION THAT CAME BEFORE IT.
Even the most politically naïve of Americans and even the most devout of the Democrat Party faithful must now have serious misgivings about the future well-being of our Nation. They must now recognize that the Federal Government—after Trump—is not what they counted. It is not what they bargained for. They must now recognize that the Federal Government—this Federal Government—does not serve their interests and that it does not have their life, safety, and well-being at heart: quite the opposite in fact. The Executive Branch and the Democrat-Party-controlled Congress are two institutions serving the interests of the lunatic fringe Neo-Marxist Cultists and Neoliberal Globalist Billionaire Bilderberg Group Clubbists, only.The shared aspiration of both is to witness the demise of the United States as an independent sovereign nation-state; the destruction of a free Constitutional Republic; the annihilation of a once proud and sovereign American people and their concomitant debasement and devolution to subjugation, and servitude. And all that is occurring swiftly.Nor should Americans pin their hopes on the High Court—the Third Branch of the Federal Government—to save them from the mess deliberately propagated by the first two. If Americans believe that the U.S. Supreme Court will surely preserve and protect the Constitution and staunchly defend their Bill of Rights, they will surely be sorely disappointed.If the New York City gun transport case is a harbinger of things to come from the rulings in Bruen, then Bruen is likely to be a hollow victory at best. Less a third seminal Second Amendment case building on Heller and McDonald, Bruen is likely to read more like the Roe v Wade abortion case—a sorry attempt to satisfy everyone, it will likely do little to satisfy anyone. And, why do we say this:First and Foremost, Consider——The Roberts Court's reconfiguration of the issue in Bruen was meant to forestall a cataclysmic ruling that would put a stop to the very notion of open-ended “gun regulations”—the bane of the Second Amendment—that would serve to buttress and strengthen the Heller and McDonald rulings. Chief Justice Roberts and the liberal wing of the High Court wanted none of that. And the restructuring of the issue in Bruen was meant to guarantee that noxious, heavy-handed and clearly unconstitutional handgun licensing schemes, would be here to stay, at least in some jurisdictions. Thus, it behooves the American Patriot, to be wary of High Court meddling, no less so than Executive and Legislative Branch meddling in the matter of fundamental, immutable, absolute—yes, absolute—Rights. The Third Branch of the Federal Government—this Roberts Court, sans Scalia— no less than the first two Branches, will not zealously defend the Bill of Rights, and especially the Second Amendment right of the people to keep and bear arms, notwithstanding the integrity and fortitude and intellectual acumen of Justices Thomas and Alito. For they are only two stalwart American Patriots remaining now that Justice Scalia is no longer with us. But, then, the Framers of our Constitution, with Divine guidance, did intend and did provide, through inclusion of God-Given Absolute Rights, existent inherently in man, that the American citizenry would be wanting if bereft of support from any one or more or all three of the three Branches of the Federal Government. The American people require not assistance in defense of the Nation's elemental Rights and Liberties, for the Federal Government cannot excise them away. The Executive Branch cannot issue Presidential edicts or Bureaucratic Rules to blunt the exercise of them. The Legislative Branch cannot enact laws to nullify them. And the Judicial Branch cannot issue opinions to deny their import. All attempts to modify, repeal, abrogate, dismiss, ignore, or reinterpret God-Given Rights by Governmental artifice is unlawful from the get-go. The plain, succinct, categorical language of the sacred Rights of the Bill of Rights of the United States Constitution makes transparent, the immutable, illimitable, eternal, non-modifiable, absolute nature of them and demonstrates the irrationality and incongruity of any attempt by the Government or by its proxies to diminish them.But, then, should Americans ever have placed faith in this Federal Government, above their faith in Divine Natural Law. Of course not! Does not this Federal Government, not unlike any other Government in history, have, within it, the seeds of repression, oppression—in a word, 'tyranny'? Assuredly so!Truly, to defend Liberty, Freedom, and Sovereignty, the onus will always rest, as it has in the beginning, and as it must in the end—on the people themselves— to defend their Liberty, Freedom, and sovereignty against all threats whether emanating outside the Country or writhing within its very bowels.Thus, Americans should not place, their hopes and dreams in the High Court as their main, much less their sole, source of and mechanism for their salvation. That Branch of Government, as with the other two, is ultimately a "political organization," as unreliable and as conniving as the other two. Sure, Justices Thomas and Alito are known quantities: men of unparalleled principle and ethics. But, only the late Justice Scalia had sufficient, formidable strength— capable of standing up to Chief Justice Roberts; keeping both Roberts and the liberal wing of the Court in check.But the eminent Justice Antonin Scalia is, unfortunately, no longer with us. He died under mysterious circumstances: circumstances never resolved, events not adequately explained; circumstances unlikely ever to be resolved or adequately explained to the public's satisfaction.So then, what will Americans likely see from the upcoming Bruen decision? The U.S. Supreme Court will strike down New York City’s procedures for issuing concealed handgun carry licenses, and it may do so on grounds of vagueness or arbitrariness; but that will still leave the heart of “may-issue”/“proper cause” in force. Stephen Breyer and the other liberal wing Associate Justices will file their lengthy and vehement dissents. And Associate Justices Clarence Thomas and Samuel Alito—with Amy Coney-Barrett, perhaps—will probably file concurring opinions. And, if so, they will likely point to, explicate, and expound upon the illegal and illogical “may-issue”/“proper cause” construct. But the concurrences as with the dissents will be dicta only. They will not have the force of law, i.e., they will not operate as binding holdings/rulings.The case holdings/rulings will, then, likely come up short. Given a reworking by the Roberts Court of the issue, as presented in Petitioners' Brief, it is unlikely the Conservative Court majority will be able to strike down the entirety of concealed handgun licensing structure of New York even if Justices Thomas and Alito would be willing and prepared to do just that. For, if that were to happen, it would implicate and therefore jeopardize similar handgun licensing regimes in other Anti-Second Amendment jurisdictions. Justice Roberts and the liberal wing would never allow that to happen. And Justice Scalia isn't here to see that it would happen.See, e.g., article in Syracuse News, where one New York District County attorney predicts that the Court's ruling in Bruen will be very narrow.
“Locally, law enforcement officials don’t expect the decision will affect the policing of guns or safety.
Strong concurrences by Justices and Alito and Thomas would only operate as dicta, not actionable case rulings/holdings. Thus, a minimalist Bruen decision would hearken back to the limp and lame New York City handgun transport case. That would be a blow to the sanctity and inviolability of the right of the people to keep and bear arms. The validity of New York's concealed handgun licensing regime, along with the underlying methodology/paradigm model of “may-issue”/“proper cause” will remain intact. But that is what we will see. The Arbalest Quarrel hopes we are wrong in our estimates. We would be surprised but pleased if that were to happen, but we don't expect that it will.A minimalist High Court ruling in Bruen would also disparage the import of the Court’s rulings in Heller and McDonald. The Nation’s enemies would be pleased. America's Patriots, rightfully, would not.Such a paltry ruling would not bode well for the continued security of a free State, especially in the present unhealthy political, social, and economic climate.But, even a minimalist ruling favoring the Bruen Petitioners will not be good enough for Anti-Second Amendment news organizations such as CBS News, whose doom and gloom prognostications only see the upending of the entire New York State concealed handgun licensing regime:“The Supreme Court is on the verge of ruling on a case that could overturn New York state's gun carry law. Records obtained by CBS2 show as many as 20,000 more guns could inundate the streets of the Big Apple, following such a decision.”That isn't likely to happen even on a best case ruling scenario. For, contrary to this reporting, the constitutionality of the entire New York State concealed handgun carry regime isn't at issue. The issue on review goes to the procedures created by the NYPD Licensing Division. Chief Justice Roberts saw to that. So, we know where his sentiments rest, even if, as a matter of logic alone, and not law, the Constitutionality of the entire New York handgun licensing regime is impacted. As we expect, the underlying handgun licensing structure will remain unscathed, consistent with the restrictions made by the Roberts Court on the issue to be decided in Bruen.Suppose, then, that consistent with the constrained issue, the Court's majority does strike down the City's concealed handgun carry license procedures, only, leaving intact the salient structure of the State's handgun licensing regime. That won't do much for Petitioners' rights; at least not immediately, and, perhaps, not ever.New York State and New York City will take their good time in developing and instituting new concealed handgun carry license procedures for issuance of unrestricted and restricted handgun carry licenses both in the City and across the State.CBS News, of course, sees a slow-walk as a good thing, as they assert in the afore-referenced article:“. . . a high-ranking source tells CBS2's Marcia Kramer it could take the city years to comply.”See also articles in other Anti-Second Amendment sources such as Gothamist and in the seditious CNN and NY Times.And the New York Government would take its own good time in concocting a new set of arbitrary procedures to replace the ones struck down. New Yorkers would then be back to square one. America’s enemies would breathe a collective sigh of relief. There is no doubt about that! The NY Times reported on June 6, 2022, the following:“In New York, Gov. Kathy Hochul has said that she would consider calling a special session of the State Legislature if the law were overturned. And after a shooting in Buffalo last month in which a teenager motivated by racism killed 10 Black people at a grocery store, she brought up the law unprompted, saying that her administration was ‘preparing our state for what could be a Supreme Court decision that allows people to carry concealed weapons. We’re ready.’A spokeswoman for the governor declined to elaborate further on the preparations.”One need not wonder of the impact the Uvalde, Texas Elementary School shooting incident will have on Hochul. She will only become more entrenched in slow-walking or sabotaging, outright, a Bruen High Court decision that strikes down the New York City' Police Department License Division's procedures for issuing concealed handgun licenses.More importantly is the question what impact the recent shooting incident will have on the U.S. Supreme Court itself. Has the Court made changes to the majority, and concurring, and dissenting opinions, as a result of that incident in light of immense news coverage of it and Congressional action on it?Americans will no doubt see the liberal-wing in rare form, writing political and public policy tracts disguised as legal opinions. And, don't be surprised to see Chief Justice Roberts doing the same. The danger here is that Roberts and Kavanaugh may, at the Eleventh Hour, do a one-eighty switcheroo and join the liberal wing of the Court. That would give the liberal wing of the Court the majority it needs to rule for the Respondent New York, against the Petitioners. New York’s unelected Governor, Kathy Hochul, true to form—hateful of the Second Amendment—is going ahead full throttle to destroy the Right of the people to keep and bear arms as if Bruen never existed, even though a decision in the case is imminent. She has made this patently clear in a flurry of Anti-Second Amendment legislation she has very recently signed, as well as in her executive orders.And the New York City Mayor, Eric Adams, is 100% onboard with Hochul, as he backs her continuing control of the State. An affiliate of NBC News, 4NewYork News, reports:“New York City Mayor Eric Adams endorsed New York Gov. Kathy Hochul for a full term on Wednesday, praising her as 'an amazing governor' who deserves a full term.Adams, a centrist Democrat like Hochul, told supporters at a Manhattan union hall that voters need someone who can 'get stuff done in the state of New York.' Hochul, the former lieutenant governor, is running to keep the job she has held since August 2021 when Andrew Cuomo resigned amid allegations of sexual harassment, which he has denied.”The Neo-Marxist/Neoliberal Globalist-controlled Federal Government and the Soros backed and funded Neo-Marxist/Neoliberal Globalist State and Municipal Governments across the Country do nothing to hide their visceral contempt for the American people or their outright loathing of the Bill of Rights. One sees all of this through their failure to comply with the strictures of this Nation's body of laws and its Constitution. Worse, one sees increasing intimations of brazen seditious meddling with and offending of Bill of Rights imperatives. Nothing constrains the actions of the Collectivists' insinuation of tyranny throughout the Republic, much as they, together with CCP China, consolidate their control over the nation-states of the EU and over the British Commonwealth Nations.Still, the United States has one thing no other Nation or group of Nations or other political construct has: a true Bill of Rights that incorporates the preeminent Right: that of Armed Self-Defense. But, how many firearms are in private hands is not known, only guessed at, and that is a good thing.Government is not in the business of and should never be in the business of knowing or attempting to know who among the citizenry is armed and the manner of their armament. That fact goes hand-in-hand with the unalienable right of the people to keep and bear arms.The armed citizenry is the singular source of this Nation's strength, vitality, and well-being; the basis for the sanctity and inviolability of Selfhood; the foundation of a free Constitutional Republic; the necessary condition through which that free Republic may be maintained; and, the ground upon which the sovereignty of the American people over Government is secured and upon which tyranny is resisted, restrained, and repulsed.The High Court should keep all of this in mind when deciding Bruen. But, even a ruling in favor of Petitioners against New York, will not of itself secure the Republic against encroaching Tyranny. For the forces that seek to impose it are powerful, well-organized, and deeply entrenched in our private and public institutions.Governor Kathy Hochul has powerful, ruthless, and inordinately wealthy allies, who will support her if she does not comply with the High Court's rulings, striking down New York City's concealed handgun carry procedures. Indeed, they will certainly dictate policy for her as they have done all along, just as they are doing for New York City Mayor, Eric Adams. The public simply sees in Hochul's policy aims and actions an inkling of the face that hides in the shadows, dictating her policy aims and actions. Hochul's stubbornness, in failing to heed U.S. Supreme Court rulings in Bruen, will certainly tell all Americans, but especially those residing in New York, everything they need to know of the unbridled contempt both she and those that pull her strings have for our people; for our Republic; and for our Nation’s Constitution.Disdain toward High Court rulings does not bode well for the continued security of a free State in the present unhealthy political, social, and economic climate. We have seen this abject disdain played out by State Governments and lower Courts toward Heller and McDonald. Much the same disdain will be played out again in Bruen. That is why Americans must stay true to the plain meaning of the Bill of Rights, especially when it comes to matters of armed self-defense against Tyranny. At the end of the day, the Bill of Rights is all that they have to assert their will on a renegade Government. For the Nation's first Patriots, a firm conviction in the righteousness of their cause, a blanket refusal to surrender their firearms to tyrants, and a valiant will to use those firearms against tyranny, sufficed to vanquish a mighty but ignoble foe. At the time, the Bill of Rights was inchoate. But, the germinating idea of the immutability and illimitability of the natural law right of armed self-defense against tyranny sufficed to win the day. The germinating idea of the immutability and illimitability of the natural law right of armed self-defense against tyranny sufficed to win the day against seeming insurmountable odds. Today, the Bill of Rights is manifest, and we, the armed citizenry, are legion. We descendants of the first Patriots should be able to repulse tyranny that once again threatens a free and sovereign people. Can we do so, if the need arises? If we have the will and wherewithal to resist tyranny, then we, Americans, will have all that is necessary to vanquish tyranny once again._____________________________________________*Menken’s book purports to be a guide for political leaders on how to bring the Country together to resolve the Nation’s differences. Yet, one year after publication of her book, it is clear from her NYTimes letter Times, that Menken has had a change of heart; surrendered to the truth that reconciliation is impossible. That should have been obvious to her. It wasn’t. How can there be a meeting of minds?There are two antithetical ideologies at play. One ideology is grounded on the principles, precepts, and tenets laid down in our Nation’s sacred documents. The other intends to set it all aside. One ideology was forged in the Nation’s struggle for independence from tyranny. The proponents of that ideology seek to preserve the Natural Law Rights and Liberties of the people. They intend to maintain and preserve the success of the American Revolution.The other ideology, grounded on the principles, tenets, and precepts of Collectivism, much in evidence today, seeks to upend the hard-fought battle for Independence from tyranny. For Collectivism is predicated on Tyranny. It is inextricably tied to it. In our website, we discussed all of this in several articles some time ago. See, e.g., our article posted four years ago, in 2018, titled: “The Modern American Civil War: A Clash of Ideologies.”At the very birth of the Nation, the enemies of a free State, went immediately to work to waylay and destroy it. These enemies, the Globalist Banking Cartel, commenced a quiet Counterrevolution to dismantle a free State and to usurp the authority of a sovereign people, bending them to their will.The descendants of the Nation’s enemies, the international financiers and their minions, alongside rabid Neo-Marxist radicals, residing inside and outside the United States, are dead-set on destroying this free Republic, as assuredly and as thoroughly as would occur by overt military conquest.Theirs is a Collectivist Counterrevolution. Utilizing modern tools of information and computer technology, psychological conditioning, organizational acumen, inexhaustible reserves of money, and control over Government and over the levers of commerce, media, and finance. They intend to destroy the political, social, economic, and juridical foundations of the Country, merging its remains into the nascent EU/UN super-state that is taking shape throughout the world._______________________________**The poem: “Ten little Indian boys went out to dine; One choked his little self and then there were Nine. Nine little Indian boys sat up very late; One overslept himself and then there were Eight. Eight little Indian boys travelling in Devon; One said he'd stay there and then there were Seven. Seven little Indian boys chopping up sticks; One chopped himself in halves and then there were Six. Six little Indian boys playing with a hive; A bumblebee stung one and then there were Five. Five little Indian boys going in for law; One got into Chancery and then there were Four. Four little Indian boys going out to sea; A red herring swallowed one and then there were Three. Three little Indian boys walking in the Zoo; A big bear hugged one and then there were Two. Two little Indian boys were out in the sun; One got all frizzled up and then there was one*. One little Indian boy left all alone; He went out and hanged himself and then there were none. (*In some versions Two Little Indian boys playing with a gun; One shot the other and then there was one.) ~From IMDB, referencing the afore-recited poem, Ten Little Indians, from the 1965 mystery film thriller by the same name.”___________________________________Copyright © 2022 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved
SUPREME COURT TO TAKE UP NEW YORK SECOND AMENDMENT CASE, AT LAST!
After an eternally long hiatus, the U.S. Supreme Court will take up a Second Amendment case. And it is only right this case should come out of New York after the Court majority’s disastrous handling of the “gun transport” case, N.Y. State Rifle & Pistol Ass'n v. City of New York, 140 S. Ct. 1525 (2020). As you may recall, The Petitioners in the “gun transport” case challenged a New York City rule pertaining to the transport of firearms outside the home. The Federal District Court and U.S. Court of Appeals for the Second Circuit that routinely find for the Government on Second Amendment matters, rejected the claim. Petitioners appealed. The U.S. Supreme Court granted review.Stunned by the High Court granting review, and evidently knowing the New York City law violates the Second Amendment guarantee and aware, too, that a finding on the merits against the government would have negative repercussions extending far beyond the confines of the City and State of New York, the anti-Second Amendment forces attempted to waylay a what would have otherwise resulted in a certain reversal the Circuit Court of Appeal’s decision. The State of New York amended its firearm licensing Statutes and the City amended its rules so petitioners could henceforth transport their firearms to a second home or shooting range.The gambit paid off. It gave Chief Justice Roberts just such the excuse he needed to side with the radical left-wing of the Court. But his vote wasn’t enough. Roberts must have cajoled the newest member of the Court, who at the time was Brett Kavanaugh, to play along. It worked. Kavanaugh sided with the majority but, likely having felt put upon, wrote a singularly bizarre concurring opinion, ostensibly to shore up the idea, as conveyed during a tumultuous and rancorous confirmation hearing, that he does, after all, support the Bill of the Rights. But does he? Kavanaugh’s concession, reluctant though it may well have been, gave Roberts and the radical left-wing of the Court the fifth vote, necessary to nullify a hearing on the merits which undoubtedly would have gone to the petitioners.Now, one year after the “gun transport” case was shunted aside and the Court did not take up another 2A case before the 2020 U.S. Presidential election, the High Court will take up, N.Y. State Rifle & Pistol Ass'n v. Corlett, 140 S. Ct. 1525. The Corlett case is no trivial Second Amendment case if any Second Amendment case can ever be considered trivial. The implications of Corlett extend far beyond the “gun transport” case, if the Justices agreed to hear the merits of it because the issue in the “gun transport” case was directed to the import of the City’s highly restrictive “Premise Residence” and “Premise Business” handgun licenses. But, in Corlett, the High Court must zero in on the notion of “good cause.” New York requires applicants who seek to acquire a concealed handgun carry license to proffer a reason sufficient—in the mind of the licensing officer—to justify the issuance of one.Because the issue in Corlett attacks a central pillar of the New York State firearms’ licensing scheme, the New York State and City Governments cannot weasel their way out of a hearing on the substantive merits as they did in the “gun transport” case, by amending New York firearms’ laws and regulations. To do so here would require New York officials to gut New York’s dubious and nefarious firearms licensing scheme—something Anti-Second Amendment zealots would never do, as the salient issue in Corlett strikes at the very heart of government licensing of firearms: that government officials have legal, binding authority to place arbitrary restrictions on the exercise of a natural, fundamental, unalienable, immutable right.To obtain a concealed handgun license in New York, an applicant must overcome two hurdles. First, the Applicant must demonstrate he or she does not fall into a disability that precludes the Applicant from lawfully owning and possessing firearms. That hurdle is essentially an objective one. Once over that hurdle, the applicant faces another, much more difficult hurdle. The applicant must demonstrate “good cause” for the issuance of a concealed carry license. This is a subjective test.The police licensing official has substantial discretion to grant or deny the issuance of a concealed handgun carry license. And, since New York traditionally frowns on civilian citizen ownership and possession of firearms, the vast majority of applications for concealed carry handgun licenses, are routinely denied. Most individuals fail to demonstrate “good cause” for obtaining a license under New York law.The applicant can, of course, appeal an adverse administrative decision to the Court. But, if the applicant expects to successfully challenge a denial in Court, that applicant must prove, to the satisfaction of the Court, abuse of discretion by the licensing official; and this hurdle, too, is difficult to overcome. Moreover, a Court review of denial is time-consuming and inordinately expensive.In Corlett, the petitioner unsuccessfully applied for a concealed handgun carry license in Steuben County, New York. The denial letter of the County judge and handgun licensing officer was general in content and condescending in tone. It read, “‘the decision [was] based upon concerns expressed in the Sheriff's investigation,’ specifically ‘concerns about your being sufficiently responsible to possess and care for a pistol’ and concerns ‘that your history demonstrates that you place your own interest above the interests of society.’”Note the barely tacit implication in the denial letter: the interests of the Hive outweigh the interests and needs of the individual. This, in a nutshell, describes the nature of the internal, taxing war now upon us: the tenets of Collectivism, upon which totalitarianism is grounded versus the tenets of Individualism, upon which our free Constitutional Republic is grounded.No less than the Nation’s Bill of Rights itself is on trial. It will be interesting to see how the so-called “Conservative” Chief Justice Roberts will rule on this case and whether Associate Justice Kavanaugh will follow Roberts’ lead.
HOW ARE MAJOR NEWSPAPERS HANDLING THE ANNOUNCEMENT?
Well, one leading newspaper, The Wall Street Journal recognizes the importance of this case: a landmark case that will serve either to strengthen Heller and McDonald or will whittle them down.Another newspaper, The New York Times, is notably and noticeably silent. Apparently, the newspaper that boasts of reporting “All the News That’s Fit to Print” doesn’t feel that the most important Second Amendment case to be taken up by the U.S. Supreme Court since the seminal Heller and McDonald cases isn’t worth a mention in today’s newspaper, and notwithstanding this is a 2A case coming out of New York. Still, the paper’s publisher, and editors, and reporters know of it, and can’t be happy about it. And, even as they would like to ignore it, at some point, they must acknowledge it.____________________________________Copyright © 2021 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.
JUST OUT: SUPREME COURT DENIES WRITS ON ALL PENDING SECOND AMENDMENT CASES
IMPACT OF U.S. SUPREME COURT NEW YORK CITY GUN TRANSPORT CASE DECISION ON THE SECOND AMENDMENT
PART SEVEN
The U.S. Supreme Court released its orders from the June 11, 2020 conference. No Second Amendment cases were relisted for consideration. Worse, there will be no Second Amendment cases reviewed this term; all were rejected. The High Court denied certiorari in all of them.This comes as no surprise to the Arbalest Quarrel. We expected this and were making this very point in a comprehensive analysis of the New York City transport gun case we’ve been working feverishly on these last two weeks. Word came down from SCOTUS before we could get our series to print, but we intimated as much in numerous other articles.We realized how important the New York City gun transport case was to the preservation of our sacred Second Amendment right, even if many did not. We knew what a loss meant; and we did lose much, contrary to what some proponents of the Second Amendment may otherwise think. How much we lost is apparent from what just transpired in today’s SCOTUS morning conference.We held little expectation that the High Court would take up any new Second Amendment case, contrary to Justice Kavanaugh’s wimpish suggestion that the Court “should.” And, unfortunately, we were correct.In one of the cases the Court denied cert on, Thomas Rogers, et al. v. Gurbir Grewal, Attorney General of New Jersey, et al. on Petition for Writ of Certiorari to the United States Court of Appeals for the Third Circuit, decided June 15, 2020, Justice Thomas wrote another justified blistering dissenting opinion. Justice Kavanaugh joined Justice Thomas except for Part II of the dissent. We will analyze the dissenting opinion in a forthcoming article. But——
WHY DID KAVANAUGH JOIN THOMAS IN THE GREWAL DISSENT?
Recall Justice Kavanaugh’s concurring opinion in the New York City case. Kavanaugh intimated the High Court would be taking up one of the new Second Amendment cases soon. That was nonsense and we suspect Kavanaugh knew it.The tactics and strategy of U.S. Supreme Court review of Second Amendment cases must not be underestimated. It defines what Second Amendment case is heard and when. As of now, it is clear that the liberal wing of the High Court, along with Chief Justice Roberts, intend to block review of any further Second Amendment case that comes before the Court in which the Heller and McDonald rulings come into play. This is no longer theoretical speculation. This is ice-cold fact.We suspect that had Kavanaugh voted to deny the mootness claim in the New York City case, joining the conservative wing—Justices Thomas, Alito, and Gorsuch—then Chief Justice Roberts would have joined Kavanaugh. He would have been forced to, if for no other reason than for the fact that Roberts did, after all, join the majority in the seminal Second Amendment Heller case.If Chief Justice Roberts were to stand with the liberal wing of the Court, alone, wholly apart from the conservative wing, in the first and only Second Amendment case—where the Second Amendment issue had not been altogether side-stepped as the issue was side-stepped in the Voisine case, to the justified frustration and righteous and virtuous indignation of Justice Thomas—would be untoward, unseemly, awkward. Appearances are, after all, important to the Justices. But when appearances become more important than intellectual honesty and logical consistency, then a Justice should not expect to garner and retain the respect of Americans.Chief Justice Roberts, as the Chief Justice, wishes to give the impression of his “supreme” impartiality and conviviality. But, at what cost to his the principles of intellectual honesty and logical consistency, and at what cost to our Bill of Rights?Each Justice votes to grant or deny a writ of certiorari predicated on his jurisprudential and ideological predilections; and those jurisprudential and ideological predilections reside as much on a visceral level as on an intellectual one. They inform a Justice's decisions—influenced, on occasion, by the internal give and take of political maneuvering and jockeying; but that political maneuvering and jockeying should come by sacrificing one's duty toward preserving and strengthening our Bill of Rights. Yes, Chief Justice Roberts sided with the Conservative wing of the Court in Heller and McDonald, but he would go no further—ever. He has made clear his visceral disdain for the Second Amendment, known.The progressive website, Politicus, made known Writing, today, on the results of the SCOTUS morning conference, Politicus reporters said, in an article with a title meant to “sock it to Trump” and to all Americans who happen to venerate our Bill of Rights. Politicus says, “Supreme Court Rejects 10 2nd Amendment Cases As Trump’s Bad Day Gets Worse”: “Chief Justice John Roberts doesn’t have an expansive view of the Second Amendment, which means that the odds of the Second Amendment being expanded or local and state gun laws being reversed by the high court is practically zero.”Roberts would prefer not to appear like a liberal wing, Anti-Second Amendment, Anti-Bill of Rights Justice, in the vein of the liberal wing, even if he is one. He would not like to be seen standing alone with the liberal wing on a Second Amendment case. The jig would be up if he were to join the liberal wing of the Court, finding the New York City gun transport case moot, and no non-liberal wing Justice stood with him.Did Roberts pressure Kavanaugh to go along with him? It is not improbable. Perhaps, that explains why Kavanaugh’s really did file his singularly odd concurring opinion in the New York City case after all. It may be that Kavanaugh did agree with the Associate Justices, Alito, Thomas, and Gorsuch—wanted to join them—but was strongly urged by the Chief Justice not to; was cajoled to side with the liberal wing. Perhaps, as the newest member of the Court, Kavanaugh was reluctant to draw the ire of Chief Justice Roberts.Clearly the liberal wing of the Court did not need Kavanaugh’s vote. Robert’s vote gave the liberal wing the fifth vote needed—a majority—sufficient to prevent the substantive merits of the case from being heard. But, Roberts, standing with the liberal wing of the Court on the mootness issue would make patently clear the Chief Justice’s negative views toward the Second Amendment to the U.S. Constitution, and would also make clear the Chief Justice’s jurisprudential leanings and tendencies in matters concerning the Second Amendment: those in line with the liberal wing of the Court, comprising: Breyer, Ginsburg, Sotomayor, and Kagan. Justice Roberts obviously sought to prevent that perception.By voting with the liberal wing of the Court in the New York City case that ruled the case moot, Kavanaugh gave cover to Roberts, and Roberts also gave cover to Kavanaugh. Who loses? We do, the American people.The New York City gun transport case took a page out of the Heller case playbook, albeit to obtain a negative rather than positive result: weakening the Second Amendment; not strengthening it.We surmise that Chief Justice Roberts, no less than retired Associate Justice Anthony Kennedy, had an understanding with the conservative wing. They would agree, both of them, to join the conservative wing or neither of them would. Both of them would join the conservative wing or neither of them would. And if they couldn't both get on board, Heller would have failed and we all know how much worse off we would be now for it.The late eminent Justice Antonin Scalia, who penned the Heller majority, was compelled to mute what otherwise would have been a stronger opinion that he, and Alito, and Thomas had much preferred to write, making a one-point crystal clear.The point is this: Government action infringing the core of the right of the people to keep and bear arms must be struck down. Courts are forbidden to engage in interest-balancing, which is nothing more than a ruse anyway; a ruse created to rationalize and legitimize unconstitutional, unconscionable government action infringing the fundamental, unalienable right of the people to keep and bear arms. That point was muddied, obfuscated, diluted. It was a concession that Justice Scalia, Justice Alito, and Justice Thomas were forced to make to obtain Chief Justice Roberts acquiescence and Justice Kennedy's acquiescence. To obtain the acquiescence of those two Justices, necessary to obtain a slim, but critical majority, Justice Scalia wrote,“. . . nothing in our opinion should be taken to cast doubt on longstanding prohibitions on the possession firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms.” This assertion has nothing whatsoever to do with the Heller rulings and the majority's reasoning. But it had to be made to appease Kennedy and Roberts. The result was to undermine the efficacy of Heller. We have seen in the years since how Anti-Second Amendment governments rely on the softening of Heller to enact laws that directly and contemptuously attack the right of the people to keep and bear arms; and we see courts using interest-balancing to defend these unconstitutional laws. Heller was meant to rein in both government and courts. But, the language that Justice Scalia was compelled to include in Heller gave Anti-Second Amendment State governments and Anti-Second Amendment courts a way to deviously slither around the impact of the Heller rulings and holdings, even if it is clear to everyone what these governments and courts were doing. In fact, to provide a safe harbor for Anti-Second Amendment State governments and Anti-Second Amendment courts, Justice Scalia had to reiterate the point that these governments may do whatever the hell they want to eviscerate the Second Amendment, notwithstanding the dictates of the Second Amendment. The point was made in the last paragraph of the majority opinion. Compelled to humble themselves before the anti-Second Amendment crowd, Justice Scalia, joined by the conservative wing, wrote:“We are aware of the problem of handgun violence in this country, and we take seriously the concerns raised by the many amici who believe that prohibition of handgun ownership is a solution. The Constitution leaves the District of Columbia a variety of tools for combating that problem, including some measures regulating handguns.” The sickening concession to anti-Second Amendment amici and Anti-Second Amendment governments and Anti-State Courts that the majority was forced to make and which we, Americans are forced to endure has served the Anti-Second Amendment zealots well. Heller and McDonald are routinely ignored.Chief Justice Roberts and the liberal wing of the High Court will make damn sure that the rulings of those two seminal Second Amendment cases will never be clarified. That is where we are now and where we will remain unless or until another Justice sits on the High Court who actually honors the oath he takes to the Constitution.
WHAT IS TAKING PLACE IN OUR NATION TODAY IS NOT A PRETTY PICTURE
We are seeing a massive campaign of brainwashing taking place in our Nation at this very moment, and we are getting much more than a foretaste. We are getting a choking mouthful of what the Marxists, Communists, Socialists, Anarchists, and billionaire Neoliberal Globalists have in store for each of us.We are holding onto our Nation by a thread. Make no mistake about that. The puppet masters have brainwashed the mass of Lemmings, and they intend to destroy those of us who are immune to the nonsense spouted.Today we see every monument to our glorious past—our ancestral memory—being wiped out; erased. Tomorrow, we will see the absolute destruction of our Bill of Rights. No question about it.If Trump fails reelection and if the Senate is lost, we will lose everything irreplaceable: but likely not before the “cold” War at home turns “hot.”I know what my next purchase will be; and it won’t be a toy.____________________________________________Copyright © 2020 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.