A CONGRESSIONAL ACT CALLING THE AR-15 RIFLE THE NATIONAL GUN OF THE UNITED STATES IS A SENSELESS GESTURE, HAVING NOTHING TO COMMEND IT AND MUCH TO FAULT IT, ON MANY LEVELS

DISCUSSION OF H.R. 1095

PART THREE

In our initial article on H.R. 1095, Part One, posted on the AQ website, on February 26, 2023, and reposted on Ammoland Shooting Sports News on February 28, 2023, we pointed generally to problems with H.R. 1095, a bill declaring the “AR-15 Rifle the National Gun of the United States.” In Part Two, posted on the AQ website, on March 2, 2023, we looked at flaws with this bill from a basic pragmatic/practical perspective.In this article and in the final article, we deal in depth with flaws in the bill, from three other perspectives: logical, legal, and Congressional procedural/mechanical.In this article, Part Three, we look at the principal problem with the bill from a logical standpoint.By “logical” we mean both “reasonable/rational” in a layman's sense, as well as “logical” in the academic, philosophical sense. From the reasonable/rational, commonsensical standpoint, does the bill have any positive feature or features to commend it? And, if so, do those positive features outweigh the negative aspects? And, what are those negative aspects? What works against it? Many things.Some comments by Ammoland readers of our first article on H.R. 1095 suggest there is nothing wrong with a bill declaring the AR-15 to be the National Gun of the United States and, that, if nothing else, the bill serves as “pushback” against those elements in our Country that rail against guns and bemoan the ubiquity of the AR-15 and bemoan the popularity of semiautomatic weapons generally among Americans.  Undoubtedly, the sponsor and co-sponsors of H.R. 1095, fed up with this endless assault on guns, and sanctimony, sought, through this bill, to goad these antigun fanatics.Anti-Second Amendment propagandists, providing fodder for members of the Press and leftist media sites and leftist Cable and Broadcast news anchors and commentators, incessantly and uniformly refer to the AR-15 as “a weapon of war,” an “assault weapon,” a “military-style rifle,” “a weapon having no use in a civilized society”—and so on and so forth. Constantly parroting each other, the public gets a daily dose of the same simplistic, noxious message, droning on endlessly, hypnotically. Public policy propagandists and psychologists create and then drill these viral memes deep into the psyche of Americans. These engineers of mind control hope to inculcate into the psyche of most Americans a pathological fear of firearms, a rabid abhorrence of them, and contempt toward those Americans who exercise their natural law right to keep and bear them. It is in this climate that Americans who are inured to the seduction that has worked its charm on so many, wish to fight back. But, is H.R. 1095 an effective mechanism upon which to resist? Is it not akin to lobbing ping-pong balls back at those who throw grenades?  Another Ammoland reader asserts in his comment to our article of February 28, “The sponsor of the AR bill [Representative Moore] was simply making the statement that the AR is here to stay! Because there’s plenty of people that seem to think it’s temporary.”Those are two points raised by some readers as criticism of our article. But, there is a third, not mentioned, although it might have been raised as a rebuke to our criticism of H.R. 1095.We had hazarded a guess that Moore didn't just happen to come up with the idea for H.R. 1095 out of the blue but probably got the idea from articles appearing in the January and February issues of America’s 1^st Freedom, an NRA publication we refer to in an earlier article on H.R, 1095, posted on AQ on February 26, 2023. Id., supra. If so, isn't this a good thing—an argument favoring the enactment of H.R. 1095? No, it isn't.The authors of the articles mentioning the popularity and utility of the AR-15 among Americans in their NRA essays didn’t assert, or suggest the need for a Congressional Statute, declaring the “AR-15” the National Gun of the United States.One is therefore left to ponder whether the authors would favor such a Congressional Declaration if they were asked. The bill does nothing tangible to strengthen the Second Amendment. It simply enrages those on “the Left” who detest firearms and who visit contempt on those who cherish the natural law right to armed self-defense, codified in the Second Amendment of the Bill of Rights.And if the bill enrages those who hate guns, inviting retribution, then that is hardly a constructive reason to introduce a bill.Further, if the bill is merely innocuous, not inviting attention good or bad, then why waste time, money, and effort on it?This bill isn’t a good idea, and it isn’t simply innocuous. It is deleterious to the import and purport of the natural law right to armed self-defense.It was a bad idea in the inception. It was worse yet when Representative Barry Moore introduced it in the House.The bill spurred the Press and Anti-Second Amendment politicians, such as New York Governor Kathy Hochul, to use it as a cudgel against the Second Amendment, proclaiming the bill to be an “insult to those people killed and wounded in mass shootings and their families.” See the article in Newsday.See also the article by Steve Benen, MSNBC Columnist, and producer of the Rachel Maddow Show. One need only look to bills that Anti-Second Amendment Congressional Democrats fashion to see what a properly tailored bill includes.The recent House bill, H.R. 698, “Assault Weapons Ban of 2023,” introduced by David Cicilline, Democrat, Rhode Island, on February 1, 2023, provides an example.This bill has one, a stated purpose and rationale; two, a definition, explaining precisely what the sponsors and co-sponsors of H.R. 698, intend to ban; and three, a description of where it is to be placed in the United States Code if the bill were enacted into law.Then there is H.R. 1095. It is vacuous. If the sponsor and co-sponsors of H.R. 1095 intended to enact a law to counter the Democrats’ push to ban “Assault Weapons,” (Semiautomatic Weapons”), H.R. 1095 doesn’t do that.It has no text, and Barry Moore, the sponsor of it, evidently never intended for the bill to include text. It is a naked, empty declaration. What clarification could he give? What content could there be that might otherwise give weight to a bill that serves merely as a declaration of something that Americans already know: that the AR-15 rifle, particularly, and semiautomatic weapons generally, are in “common use.”On cursory musing, a person knows that semiautomatic weapons are a national emblem of a sort. No Congressional declaration of that is required to make emphatic something that is common knowledge.Had Representative Moore introduced a bill that sanctions, approves, entitles, and “legalizes” civilian citizen use of semiautomatic weapons, including the AR-15, or, had Moore introduced a bill that excludes all semiautomatic firearms from State and Federal regulation, such a bill would have a substantive, positive effect.Such a bill would be a marked improvement over a banal declaration that does nothing to secure Americans’ right to use such weaponry but merely taunts Anti-Second Amendment proponents and fanatics. If that were the intention of the sponsor and co-sponsors, they succeeded in the endeavor.But the H.R. 1095 makes light of the legislative process. The bill is bratty and puerile if all that its sponsor and co-sponsors expected it to do, and if all that its sponsor and co-sponsors intended for this bill to do, was to provoke, goad, and tease supercilious legislators on the other side of the aisle, along with a dementia-riddled President and his arrogant Cabinet, members of the legacy Press and of leftist cable and broadcast news shows. And that is the only thing, as written, that this bill is capable of doing. And the sponsor and co-sponsors of it appear remiss in not giving this bill more thought before putting pen to paper and affixing their names thereto. Better it would be had they done nothing.Neither H.R. 1095 nor Democrats’ H.R. 698, though, has any chance of passage, anyway. But that is beside the point. H.R. 1095 is senseless, whether enacted or not, but H.R. 698 is dangerous to the sanctity of the natural law right to armed self-defense if enacted.But suppose both did pass the House. Is that theoretically possible? It is. That points to a logical flaw in the bill from an academic standpoint.Logically, BOTH bills can exist side-by-side. They can both be given effect: one as a declaration the AR-15 Rifle is the National Rifle of the United States—a blanket and bold assertion with no impact—and the other positing a ban on civilian citizen ownership and possession of that rifle, a bill that, if enacted, would have a decisive and negative impact on the sanctity and inviolability of the Bill of Rights.The enactment of a wholesale Congressional ban on AR-15 rifles is consistent with the enactment of a law declaring the AR-15 to be the National Gun of the United States.So, calling the AR-15 Rifle the National Gun of the United States does not mean the “gun is here to stay” contrary to the assertion of one Ammoland reader.One can yell it till the cows come home, and all the while there could still be enacted a bill, or ATF ruling, or, perhaps, an executive decree that no civilian citizen can lawfully own or possess an AR-15 Rifle. So, a mere declaration that the AR-15 is the National Gun of the United States does not mean that the AR-15 is here to stay. That is false even if H.R. 1095 was passed by both Houses of Congress and signed into law by the U.S. President. And, that illustrates the vacuousness of asserting or acknowledging the AR-15 is the National Gun of the United States. It comes to naught.A declaration to that effect, enacted into law, is a meager reward to those who cherish the fundamental, unalienable right codified in the Second Amendment. And it is no reward at all, if, at the end of the day, Americans cannot lawfully own and possess that rifle.

• The AR-15 is the National Gun of the United States. [Republican sponsored Statute]; and
• The AR-15 is banned. No civilian citizen can lawfully own and possess the AR-15. [Democrat-sponsored Statute]

So, then, the AR-15 remains the National Gun of the United States and IT IS still outlawed. Wonderful. What, then, is one to make of the claim that the AR-15 Rifle is our “National Gun?”  Side by side, with the two bills enacted into law, the silliness of H.R. 1095 becomes painfully obvious. Anti-Second Amendment Democrats would get a good chuckle over that. In fact, that might be reason enough for Democrats to urge Biden to sign the thing into law just to illustrate the idiocy of a declaration that becomes a National joke if, at the end of the day, no civilian citizen can legally own and possess this “National Gun of the United States.”  Now, suppose Congressional Republicans had drafted H.R. 1095 as the obverse of H.R. 698. That means only one or the other bill would pass and could be given effect. The one is incompatible with the other, as a matter of ice-cold logic.A Congressional Statute that proscribes, i.e., makes illegal ownership and possession of the AR-15 Rifle contradicts a Congressional Statute that prescribes, i.e., legalizes the ownership and possession of the AR-15 Rifle.Of course, at the moment, fortunately for a free Constitutional Republic, no federal ban on ownership and possession of the AR-15 Rifle, or of any other semiautomatic firearm exists.And this is so even as several States do ban ownership and possession of AR-15 Rifles and/or many other kinds of semiautomatic handguns, rifles, or shotguns, or otherwise, stringently regulate civilian citizen possession of such weapons.But, if Republicans did control both Houses of Congress and the U.S. Presidency, then Americans could see a law passed by Congress and signed into law by a Republican President, sanctioning civilian citizen ownership of all semiautomatic firearms.Such a law would prevent States from banning ownership/possession of such weapons.Congress would have to repeal such a statute as a condition precedent to a ban on ownership/possession of such weapons.The point of our remarks here is that Congressional Republicans should carefully think through their actions before spending time, effort, and tax-payer dollars on fruitless enterprises and escapades that do nothing to preserve our free Constitutional Republic and that fail to strengthen our Nation’s Bill of Rights. That didn't happen with this bill.What remains of H.R. 1095 is something that seems, at first glance, to offer gun owners some comfort, but, on balance, doesn’t have a pretense of that either.H.R.1095 does nothing from a practical/pragmatic standpoint or from a logical/reasonableness standpoint to commend it.In our concluding article, we look at the procedural/mechanical problems of H.R.1095, and, most importantly, its legal flaws.____________________________________Copyright © 2023 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved. 

THE ROAD TO SOCIALISM IN AMERICA—PAVED WITH NOT-SO-GOOD INTENTIONS

WHEN DO AMERICANS BEGIN TO REALIZE THEIR COUNTRY NO LONGER BELONGS TO THEM?

PART FIVE

Take a moment to ponder a portion of President Donald Trump’s last State of the Union Address. Consider his most important remarks to the Nation, as reported on, and poignantly elucidated by Rebecca Walser of Fox News Business, on February 19, 2020, eleven months before the corrupt, senile store-window manikin, Joseph Biden, was sworn in as the 46^th President of the United States:“Who would have ever thought that any president of these United States of America would have to stand before Congress—and before the American people—and publicly declare that the United States is a free country, standing for liberty.In his State of the Union address on Tuesday, President Trump made an unequivocal pronouncement against the multiplying cries for socialism in America.‘Here, in the United States, we are alarmed by new calls to adopt socialism in our country,’ the president said. ‘America was founded on liberty and independence—not government coercion, domination and control. We are born free, and we will stay free. Tonight, we renew our resolve that America will NEVER be a socialist country.’ [Emphasis added.]Unsurprisingly, many on the Democratic side of the chamber did not stand in unison to agree, nor did they even clap. No, no, they have the wheels of the socialism freight train started now, and they will give not an inch to stop it in its tracks.Free lunch? Yes please, that sounds nice. Hmm, how about a free education with a side of free health care?  Why don’t we even throw in student loan forgiveness, free housing, a guaranteed job, or forget the job, and let’s just give – you guessed it – free universal basic income while we are at it.America’s unique origin in escaping an overbearing, oppressive and overly-taxing government is likely the reason we have historically supported more freedoms, including economic freedoms, than our European cousins. But that is undeniably changing now.The shifting political winds are reflective of an underlying new positive attitude toward socialism in America. A recent Reuters poll found that 70 percent of Americans support Medicare-for-all, which includes a majority of Republicans. (A new poll released by the Kaiser Family Foundation found support drops, however, when participants were told the plan could lead to higher taxes.) . . . .This is our failure America, in not holding our government accountable. They have been allowed for too long to fake it, to spend money that we do not have to pay for services we cannot afford on a sustainable basis.For the last three decades, we have spent significantly more than we have collected in tax revenues resulting in a federal debt of $22 trillion.This has been carried out for the last 30-plus years such that the American people have been lulled into believing that we can spend without end, without the pain of an European tax scheme (40 percent to more than 60-plus percent). So why shouldn’t we add Medicare-for-all, free college education and even UBI – universal basic income?But it is all an illusion. . . .Others say that you can just print more money, but inflating our way out of this economic hole is a non starter, since both Social Security and Medicare make inflation-adjusted payments. This means that if we try to inflate our way out, the costs of our biggest social programs just go up proportionally—solving nothing.Economic equality comes at the heavy price of freedom (yours). People logically act in their own self-interest even if it is to their long-term detriment, like a bug sucking its host dry. Most will take advantage of the government’s offer for "free" anything – thus the reason the road to America is packed while the road to Venezuela is empty.But let’s be clear – ‘free’ is not free to our country. The great Roman empire imploded and collapsed under the weight of their own debt and extreme taxation. Are we determined to go down that same road?Let us have renewed hope today that President Trump stands to say no.”Unfortunately, eleven months after this story and analysis broke, Trump is no longer President. The Neoliberal Globalist “elites” along with their sidekick, the Neo-Marxists, that together share achieving their common goal of a one-world, uniform Super-State governmental scheme, with the U.S. to be unceremoniously merged into it and consumed by it, made sure that Donald Trump would never serve a second term in Office, and, more to the point, would never be permitted to serve a second term in Office, which might also explain why powerful Neoliberal Globalists have continued to attack him and to attack over a third of the Nation that had voted for him in the 2020 General Election. And the prognostications of Rebecca Walser as laid out in her 2019 Fox Business Report, have eerily, and uncannily, and no less dishearteningly, come to fruition.The American people are disillusioned and disenchanted. And the U.S. is well on its way to becoming a Socialist Country, despite Trump’s remarks to the contrary.So, then, was Trump wrong in his assertion—at once a sacred promise to Americans and a pronouncement of defiance to the Neo-Marxists of all stripes among the Democrats—even as Pelosi in a choreographed fit of pique, rips up her copy of the President’s address, thereby demonstrating her utter contempt for the U.S. President, the Country, the American people, and the Constitution.No, Trump wasn’t wrong. Yet, there is an unintended, unplanned, unforeseen irony in Trump’s assertion “that America will never be a socialist Country,” insofar as the Country is headed in that direction under a Neoliberal Globalist and Marxist-Controlled Congress and a Neoliberal Globalist controlled Executive Branch. The U.S. is in fact turning inexorably, and possibly inevitably and irrevocably toward Socialism. But if that should happen, if that would befall our Country, then the COUNTRY WILL NO LONGER BE AMERICA, for our Country will no longer be a free Constitutional Republic, and so THE COUNTRY WILL CEASE TO BE.Indeed, the Neoliberal Globalists and Neo-Marxists don’t even refer to our Nation as a free Constitutional Republic; never did. Back in 2018, Nancy Pelosi, the House speaker, did say, of course, that:“We’re capitalists, and that’s just the way it is” which makes the Neoliberal Globalist “capitalist” monopolists happy to hear, who, for all that, eschew true competitive capitalism.But, has Pelosi ever been heard to reaffirm our Country as a “free Constitutional Republic?” In fact, has the infirm, corrupt, senile Joe Biden or the vacuous, opportunist Kamala Harris ever reaffirmed our Country as a “free Constitutional Republic? Has anyone in Biden’s Cabinet or Administration affirmed our Nation as a “free Constitutional Republic?”It stands to reason that the current crop of Neoliberal Globalists and Neo-Marxists in control of two Branches of Government have little if any regard for the Constitution. At best they give lip service to it, as they go about operating in the denigration of it. And no one in the legacy Press calls them to account for their abject failure to heed to the dictates of it. And we, Americans, are all the worse for it.________________________________________

HOW MANY AMERICANS APPREHEND THAT THE U.S. CONSTITUTION IS THE SUPREME LAW OF THE LAND?

PART SIX

It may be remarked—nay, must be proclaimed loudly, passionately, continuously as all too many Americans lose sight of the fact—that the Supreme Law of the Land is the U.S. Constitution. This isn’t mere supposition. It is fact.Neoliberal Globalist “elites” know this to be true, but they have no use for the Constitution as it intrudes upon their ability to consolidate economic power for themselves across the globe, at the expense of the economic well-being of the American people and at the expense of the well-being of the Country.And the sworn enemies of the U.S. Constitution and of a sovereign American people, America’s transnational Neo-Marxists, know this to be true as well because the U.S. Constitution is grounded on the tenets of Individualism, embracing the core notions of personal freedom and liberty—tenets and precepts and principles antithetical and anathema to those of Collectivism, upon which classic Marxism, and the spawn and shades of Marxism spring from. But they all come from one cloth, and they are all vehemently opposed to Individualism.For the tenets, precepts, and principles of Individualism, alone form the foundation of the U.S. Constitution, and they are inconsistent with and in clear contradistinction to those of Collectivism that insist on the subordination of the human will, soul, and spirit to and that demand obsequious devotion to and subservience of the individual to the State. That explains why the callous, caustic, fabulously wealthy Neoliberal Globalists and the idiosyncratic, cold-hearted Neo-Marxists are both of one mind in their stated objective to rid themselves of it.And so, with Trump out of the way, and as the Neoliberal Globalists and as America’s Neo-Marxists have brazenly, audaciously taken over the institutions of Government and of the Press and of much of society, they have begun in earnest to consolidate their power over the Nation and over the citizenry, in defiance of the plain import of the Constitution.And now they feel that the political and social and economic climate of the Country has changed to such an extent in their favor, that they feel no reticence in openly questioning the continued need for it. They have even gone further than that, questioning the very legality of it, and withal, cloaking their anathema to it and animosity for it, rebelling vociferously against it—the academia especially expounding through more and more rhetorical flourish and through sophistry, posing as a sound erudite argument, their naked abhorrence of it.See, e.g., the 2013 Article, in Harper’s Magazine, titled, “Constitution in Crisis;” and an article in The Atlantic, titled, “The U.S. Needs a New Constitution—Here’s How to Write It.” And, in a lengthy New York Times’ Op-Ed, the paper has tacked together several essays by various legal scholars who propose amending the Constitution’s Bill of Rights and Articles. A simple web search keying in the words, “do we need a constitution,” brings up a plethora of articles challenging the continued need for the U.S. Constitution—the blueprint of a free Republic that ceases to exist the moment the Constitution ceases to be.The reader should note that all or virtually all these articles arose in the most recent decade of the 21^st Century, and several of them within the last few weeks or months.But what explains this flurry of articles, and essays coming to the fore now? This cannot be accidental. Indeed, it isn’t.If the Neoliberal Globalists and Neo-Marxists thought the Constitution was simply irrelevant, they likely would have given little thought to it, would simply ignore it, and in the actions of the Harris-Biden Administration, the American people have witnessed just that: the blatant failure of Biden to faithfully execute the laws of the United States as required of him, spurning his Presidential duty under the “take care clause” of Article 1, Section 3 of the U.S. Constitution. This failure goes beyond an arguable difference of opinion as to the President’s duty, or to incompetence of which Biden has more than an ample supply. It is much more than that.Biden’s actions amount to outright subversion and sedition. And the Neoliberal Globalists and International Neo-Marxists are perfectly content with this. They have expected it of Biden. More, they have demanded it of him. And, he has delivered, doing all that his handlers expect of him, even as he makes a fool of himself during the few times his handlers allow him, albeit reluctantly, to appear before the public, hewing to script—at least to the extent that a person suffering from dementia can.Perfunctorily dismissing Congressional enactments such as the Nation’s immigration law, in direct defiance of the Legislature’s Article 1 authority, see irli.org, and dismissing out-of-hand U.S. Supreme Court rulings on evictions, demonstrating his contempt of High Court Article 3 authority on questions of law, if he ever thought about it, to the extent he is capable of coherent thought at all. See article in christianaction.org and article in theweek.com. Biden has not only defied the authority of two other co-equal Branches of Government, he has also spurned his own duties under the “take care clause” of Article 2, Section 3 of the Constitution.But there’s more to the Constitution than the Articles demarcating and limiting the authority and powers of the three co-equal Branches of the Federal Government, critical as those Articles are to the foundation of a free Constitutional Republic.Even as few give little thought to it, there is one set of laws that preside even over that of the Supreme Law of the Land, the U.S. Constitution. It is Law bestowed on man by the Divine Creator. It is the Law of Natural Rights, and there is no inconsistency in averring the authority of and the awesome power of natural law above even the U.S. Constitution. The framers of that great document, the Constitution of the United States, conceded as much, through the codification of Ten Amendments to it thereby embracing and enshrining Divine Law within it, an integrated part of it, inextricably bound to it, so there is no inconsistency between the import of Divine Law and ofthe U.S. Constitution’s deference to Divine Law.

THE PARAMOUNT IMPORTANCE OF THE BILL OF RIGHTS TO THE U.S. CONSTITUTION

The Bill of Rights is of paramount importance to, and a singularly critical component of the U.S. Constitution, both shaping the nature of a free Republic, and establishing the role of Government vis a vis the American people, subordinating Government to the people.It is the Bill of Rights, especially, that has provided the U.S. Constitution with its true staying power; and that has allowed the Country to survive and thrive as a free Republic. The Bill of Rights is one feature of the U.S. Constitution that cannot be readily ignored or dismissed out of hand by the Neoliberal Globalists and the Neo-Marxists, much as they wish to do; much as they try to do.The Nation, as a free Constitutional Republic can, truth to tell, continue to exist, at least for a time, even where a corrupt Executive Branch and a corrupt Legislative Branch give little heed to limitations built into their own authority and duties under the Constitution. And, that is true of the Third Branch of Government, the Judiciary, as well.The Bill of Rights, though, exists and operates on another plane; another order of magnitude; well beyond even the Articles, a human construct, and well beyond such man-made procedural Amendments that came thereafter. For, the Bill of Rights codifies Divine Law.The contents of the Bill of Rights isn’t a human construct because it isn’t a mere compilation of man-made law even though some there are who might perceive it to be such, namely the Neoliberal Globalist corporatist “elites,” and the transnational Neo-Marxists, and other Collectivists who, all of them, deny this, of course. Even to describe the Ten Amendments of the Bill of Rights as little more than an elucidation of and edification of man’s greater potential fails to hit the mark as to their true significance and purpose. For, it is only by the grace of Divine Providence that man can, a priori, recognize the Creator’s gifts to him, bestowed on man by the Creator as the supernal omnipotent, omniscient, omnipresent, and morally perfect Being. These God-given Rights and Liberties, Natural Law, preexist within man, exist, then, prior to the creation of Government by man.It is not given to man, by mere experience, a posteriori, through man’s five sense organs, that man comes to know of his true Nature made in God’s own image but, through man’s non-physical Spirit that the fact of and nature of the fundamental, immutable, illimitable, unalienable Rights come to be apparent to man. How, then, can man’s nature be lawfully subordinated and subjugated to State control and dominance, since Government is a man-made construct, and such manmade device offends and subverts the will of the Supreme Creator, where man’s will, and soul, and spirit are quelled and suppressed?Such a Government transgresses God’s will and such Government that dares to subvert the integrity and sanctity of man’s spirit and soul is heresy, and this heresy is the goal of this new, obscene non-American Governmental scheme that has begun to take root in the Country, and it is growing apace, to be merged into a new world order, to bring man low. Americans must fight the attempt with all the power they can muster. The way they can do this is to insist that their fundamental rights are not subject to negotiation or compromise. That which is given to man by the Divine Creator cannot lawfully be revoked by the State, and cannot be contracted or purloined away.______________________________________

AS LONG AS AMERICANS ARE ABLE TO EXERCISE THEIR FUNDAMENTAL RIGHTS, SOCIALISM CANNOT TAKE ROOT.

PART SEVEN

Only through exercise of the peoples’ fundamental rights can the citizenry hope to withstand the onslaught from those disparate evil forces consisting, inter alia, of a heterogenous assortment of Neoliberal Globalists, Corporatist Monopolists, Internationalist Neo-Marxists, Government Neoconservatives, liberal Progressive and Marxist members of Congress and of the Federal Bureaucracy, the seditious legacy Press, and Marxist elements in academia, all hell-bent on disassembling the United States, transforming the Country from its root structure as a free Constitutional Republic and independent sovereign Nation-State into an autocratic lackey of a larger autocratic super-structure, embracing the entire world.On some level the combined power of these terrible, ruthless, amoral and immoral forces operating both inside the United States and outside it, Neoliberal Globalists and Neo-Marxists alike, adopting a common Collectivist ideology, an ideology incompatible with the tenets, precepts, and principles of Individualism upon which the U.S. Constitution is grounded, driven by a singular lust for amassing wealth and power—of benefit to themselves at the expense of the American polity—continue to plot, connive, conspire, and machinate toward realization of a similar goal: the creation of a one-world transnational super State; a mammoth transformative political, social, economic, and juridical construct; a global totalitarian regime embracing and subsuming all present western nation-states; erasing all geographical boundaries; eliminating and eventually erasing from the memory of the polity any sense of a once-shared national identity, a once-shared history and heritage, a once-shared civic culture, a once-shared Christian ethos and a once-shared Judeo-Christian ethic. It would all cease to exist. Yet, for the U.S. to become merged into this transnational one-world, totalitarian Super-State, it is essential that the U.S. Constitution first be abrogated, and that means abrogation of the citizens’ Fundamental Rights and Liberties. All of it must go. But there is a tenaciousness to the Constitution, especially that part of it that speaks to the fundamental, unalienable Rights and Liberties of the citizenry: the Nation’s Bill of Rights.Even with vast sums of money spent behind a massive propaganda campaign to denigrate the Nation’s revered history, heritage, and culture, and to challenge the inviolability of God-bestowed Rights and Liberties, set in stone in Nation's the Bill of Rights, most Americans maintain and exhibit a deep attachment to and devotion to their Country and to their fundamental Rights and Liberties upon which the sovereignty of the American people over Government is preserved. And, on some level all American citizens understand that God-given Rights and Liberties cannot be simply ignored and dismissed out-of-hand, if the Nation is to survive as a free Constitutional Republic; and the American people will not long abide usurpers in Government who betray their Oath to the United States Constitution, whether it be the President of the United States who betrays the Oath of Office he is required to take, pursuant to Article 2, Section 1, Clause 8 of the Constitution, to “preserve, protect and defend the Constitution of the United States;”whether it be those in Congress who betray the Oath they are required to take, pursuant to Article 6, Clause 3 of the Constitution, to protect and defend the Constitution of the United States; or whether it be those in the Civil Service or uniformed services of Government who betray the Oath they are required to take, to “defend the Constitution of the United States against all enemies, foreign and domestic;” pursuant to 5 U.S.C.S. § 3331. The solemnity of the Oaths of those sworn to protect and defend the U.S. Constitution are not to be taken lightly. And, if these betrayers of their Oath think there will be no accounting for an act of betrayal to the Constitution of the United States, the American people shall demand an accounting, as they are the sovereign rulers of the Nation as established by the U.S. Constitution. Those who serve in Government are the servants, not the masters of the American people, and the ultimate enforcement power that the American people wield over Government is made abundantly clear not in the electoral system through which the American people have a say only in the vote they cast for this or that servant of the citizenry, but in one especial fundamental, immutable, illimitable, unalienable Right: the inviolate Right of the People to Keep and Bear Arms.______________________________________________

THE RIGHT OF THE PEOPLE TO KEEP AND BEAR ARMS CANNOT BE LAWFULLY APPROPRIATED OR COMMANDEERED  BY THE STATE; AND IT ISN’T FOR SALE!

PART EIGHT

The Bill of Rights cannot be easily supplanted, ignored, dismissed out-of-hand, as the fundamental rights and liberties are engrained deep in the psyche of most American citizens and they are loathed to surrender their sacred God-bestowed Rights and Liberties, knowing that, to do so, means the loss not only of their Country but of their own Soul.One natural, God-given right, in particular, the Right of the People to Keep and Bear Arms, as Divine Law, codified in the Bill of Rights as “the Right of the People to Keep and Bear Arms,” is Divine Law that happens to have been codified into law by man. More to the point, this Divine Law is written into man's Spirit. That is what makes the Right of the People to Keep and Bear Arms, Divine Law, and not mere man-made law. This Divine Law serves to prevent the takeover of the Nation’s Country by tyrants. The Right of the People to Keep and Bear Arms, as Divine Law, isn't for sale!The Right of the People to Keep and Bear Arms, as Divine Law, is subsumed in a more elemental Divine law: The Right of Personal Self-Defense, against a predatory animal, whether that predatory animal hops on two legs or runs on four, and against a predatory, tyrannical Government. Further, the Natural God-bestowed Right of Personal Self-Defense is itself subsumed in the God-bestowed Right of Personal Autonomy, for it is through Self-Defense that man is able to preserve and has the solemn duty and cardinal responsibility to preserve and secure from harm not only his physical well-being but his psychological and spiritual well-being; his individuality; the sanctity of Self-hood; the inviolability of his Soul, sanctified by the Divine Creator.If unable to exercise the God-bestowed Right of Self-Defense, of which the firearm is the most efficient means of Self-Defense, man cannot effectively persevere against those forces that would dare crush his will and spirit into submission; would not be able to effectively defend against those forces at work in society today that compel uniformity and conformity in all thought and conduct; would not be able to resist evil forces that insist on transforming a Nation of individual Souls into a collection of mindless, senseless drones, an obsequious, obedient, formless glob—a monstrosity, a thing created by evil forces in clear defiance to the Creator's will. For the Creator intended for man to be noble, that he might, through his individual Soul, be a demi-Creator in his own right, set out on his own path, realize his full potential as an independent creative Spirit; for he is made in God's Image.Yet, it is a thing strange that, given the plain meaning of the Right of the People to Keep and Bear Arms, codified in clear, precise, concise words in the U.S. Constitution, it would come to pass that an American citizen would find it necessary to petition the Judiciary to secure for him a God-given Right that Government or private enterprise interests—artificial constructs of man—would dare deny him. Yet for decades, before the seminal Second Amendment Heller case was heard, ignoble forces were at work to subvert the plain meaning of the Divine Law, arguing that the Right of the People to Keep and Bear Arms was not an Individual Right at all, and certainly was not to be perceived as a Natural Right, but one bound up in service to a collective, a militia. This idea is false on its face, and, when one realizes that the Right of the People to Keep and Bear Arms, codified in the Second Amendment, isn't a man-made law at all, but Natural Law, of Divine Origin, pertaining to the Individual Self, to the Individual Soul, to one’s personal autonomy, then any notion that the Right is to be understood as, to be taken as, something that applies to and has meaning only in the context of groups, to a collective, falls apart of its own weight as a matter of logic, as well as of law. One comes to realize that the mistake of law and logic that arises from the conclusion that the Right of the People to Keep and Bear Arms has meaning and purport in the context of one's service in a militia, in the context, then, of one's service in a group, is due to problematic, false assumptions. The mistake of law and logic that some academic scholars as well as the lay public fall prey to commences from an assumption, taken as axiomatic, as self-evident, that the Bill of Rights, is simply a creation of man, an artificial construction of the government, an arbitrary formulation by State actors in Government, not unlike the Articles of the Constitution, or later procedural amendments to it, and not unlike other man-made common or codified law. In that case, grounded on acceptance of false assumption and illogical reasoning, one draws the illogical conclusion that fundamental rights are no more than privileges to be bestowed onto this one or that one, or to this group or to that group by the grace of the State, and, just as readily, rescinded by the State, as the sole creator of the Right. Through acceptance of the false assumption that the Bill of Rights is really a set of State created privileges, all sorts of inanities arise therefrom, such as the idea that the Ten Amendments that comprise the Bill of Rights can readily be amended no less so than the Articles of the Constitution or the procedural amendments subsequently ratified and added to the Constitution or just as readily repealed. But, the Bill of Rights is no mere collection of Rights and Liberties, for they were not created by man. They are codifications of Divine Law. As such, they existed prior to any artificial governmental construct of man. As Divine Law, not man-made law the Bill of Rights cannot be lawfully amended, modified, abrogated, or ignored. The Rights codified in the Bill of Rights exist internally in and eternal in man. They aren't creations of the State, of Government, of man. This fact, the Neoliberal Globalist and Neo-Marxist Counterrevolutionaries both inside Government and outside it, will not accept—indeed cannot accept—for the idea that some Rights exist beyond the lawful power of the Government to whittle away at, to reinterpret the import and purport of, or to nullify outright, frustrates these evil forces to no end, as that idea makes impossible the realization of their goal of a one-world transnational governmental regime in which man is subjugated to the dictates of Government, as the State, alone, to these Neoliberal Globalists and Neo-Marxists, is to be perceived as god, having power of life or death over the men they rule.__________________________________________

LOOKING BACKWARD TO HELLER AND MCDONALD AND FORWARD TO THE UPCOMING BRUEN (CORLETT) CASE

PART NINE

The late, eminent Associate Justice of the U.S. Supreme Court, Antonin Scalia, writing for the majority, announced in Heller, what was always patently clear, but often denied: that the right of the people to keep and bear arms is an individual right. The clear language of the Right should have been enough to evince the Omni-expansiveness of it; the elemental inalienability, immutability, and illimitability implicit in it. Yet, from the inception of Heller, there was hesitancy and arrogance among many academicians and Government functionaries that compelled them to disavow the plain import and purport of the Right, grounded most likely on jealousy to concede the obvious import of the Right, having no desire to admit that sovereignty over Government is not a shared power or one that belongs only to those who serve in Government, but is sovereignty that rests solely with the American people. The servants of Government exercise such limited authority that the Constitution provides for and that authority is exercised only with the consent of the citizenry. That consent can be withdrawn. And the servants of Government well aware of the limitations inherent in their power constantly seek to constrain the sovereignty of the American people and they have been at work, enacting countless laws, rules, codes, regulations, and ordinances to constrict and restrict the right of the people to keep and bear arms notwithstanding the reaffirmation of the import of the right as categorically stated in Heller.And Anti-Second Amendment State Governments, as well as the Federal Government, are always looking for a way to avoid the import of Heller to affirm the legality and Constitutionality of State Action infringing the core of the Right protected. The first major attack against Heller took shape in the Anti-Second Amendment jurisdiction of Chicago, Illinois, with the City pointedly arguing that the Heller rulings pertaining to the right of Americans to utilize handguns for self-defense in their own homes, only operates as a constraint on the Federal Government, not on the States. Justice Alito who penned the majority opinion in the second major Second Amendment case, McDonald vs. City of Chicago, set forth at the outset of his remarks, the nature of and extent of Chicago’s defiant stance on the matter:“Two years ago, in District of Columbia v. Heller, 554 U.S. 570, 128 S. Ct. 2783, 171 L. Ed. 2d 637, this Court held that the Second Amendment protects the right to keep and bear arms for the purpose of self-defense and struck down a District of Columbia law that banned the possession of handguns in the home. Chicago (hereinafter City) and the village of Oak Park, a Chicago suburb, have laws effectively banning handgun possession by almost all private citizens. After Heller, petitioners filed this federal suit against the City. . . . They sought a declaration that the ban and several related City ordinances violate the Second and Fourteenth Amendments. Rejecting petitioners' argument that the ordinances are unconstitutional, the court noted that the Seventh Circuit previously had upheld the constitutionality of a handgun ban, that Heller had explicitly refrained from opining on whether the Second Amendment applied to the States, and that the court had a duty to follow established Circuit precedent.”The McDonald case made clear the rulings in Heller applied to the States too. In pertinent part, Justice Alito, wrote:“. . . we must decide whether the right to keep and bear arms is fundamental to our scheme of ordered liberty. . . .Our decision in Heller points unmistakably to the answer. Self-defense is a basic right, recognized by many legal systems from ancient times to the present day, and in Heller, we held that individual self-defense is ‘the central component’ of the Second Amendment right.  Explaining that ‘the need for defense of self, family, and property is most acute in the home . . . we found that this right applies to handguns because they are 'the most preferred firearm in the nation to 'keep' and use for protection of one's home and family. . . . ‘[T]he American people have considered the handgun to be the quintessential self-defense weapon’). Thus, we concluded, citizens must be permitted ‘to use [handguns] for the core lawful purpose of self-defense.”Heller makes it clear that this right is ‘deeply rooted in this Nation's history and tradition. . . . Heller explored the right's origins, noting that the 1689 English Bill of Rights explicitly protected a right to keep arms for self-defense, and that by 1765, Blackstone was able to assert that the right to keep and bear arms was “one of the fundamental rights of Englishmen.’Blackstone's assessment was shared by the American colonists. As we noted in Heller, King George III's attempt to disarm the colonists in the 1760's and 1770's ‘provoked polemical reactions by Americans invoking their rights as Englishmen to keep arms.’The right to keep and bear arms was considered no less fundamental by those who drafted and ratified the Bill of Rights.In Heller, we held that the protects the right to possess a handgun in the home for the purpose of self-defense. Unless considerations of stare decisis counsel otherwise, a provision of the Bill of Rights that protects a right that is fundamental from an American perspective applies equally to the Federal Government and the States. We therefore hold that the Due Process Clause of the Fourteenth Amendment incorporates the Second Amendment right recognized in Heller. The judgment of the Court of Appeals is reversed, and the case is remanded for further proceedings.”Yet, the apparatus of Anti-Second Amendment forces in Government remained undeterred. These forces continued their efforts to find ways around Heller and McDonald through more and more comprehensive and Government licensing schemes.State and local Government firearms’ licensing schemes became progressively bloated through time, and with that bloat the language of them became increasingly vague and ambiguous; and, in the worst instances, became convoluted, inconsistent, and incoherent. Anti-Second Amendment Courts continually, blatantly misinterpreted the rulings of Heller and McDonald, setting down their imprimatur on unconstitutional Government actions.Perhaps the most voluminous Anti-Second Amendment regime to be constructed and one of the earliest, and one of the most insidious; a regime that was continually expanded and revised through time, is that one emanating from New York.Not surprisingly, the first major case the U.S. Supreme Court accepted for review, almost a decade after the seminal Heller case, was New York State Rifle & Pistol Association, et.al. v. The City Of New York And The New York City Police Department-License Division, commonly and colloquially referred to as the “New York City Gun Transport Case.”The case held a lot of promise for Americans who cherish their right of self-defense and the right of personal autonomy, for having granted Petitioners’ writ of certiorari, these Americans expected quite reasonably that the U.S. Supreme Court would apply its precedents in Heller and McDonald to affirm the unconstitutionality of the constraint on one’s right to keep and bear arms for self-defense, outside the home, at least for the purpose of transporting a handgun to a locale outside the environs of New York City. New York’s Courts had hitherto placed burdensome constraints on transportation of handguns outside the home for those New York residents who held valid but restricted handgun premise licenses.Although some Americans might see the New York Gun Transport case as a win for those who cherish the right of the people to keep and bear arms, it wasn’t. Rather, it was a lost opportunity. Consideration of and a decision on the merits of the case were sidestepped. Now Americans who cherish their Second Amendment right are looking to a second New York case, NYSRPA vs. Corlett (now captioned, NYSRPA vs. Bruen*) on which to pin their hopes for reaffirmation of the significance of the Heller imperative. The case will be heard in November 2021 and decided probably at some point in early summer, 2022.Our concern is whether and to what extent—even with a complement of three new Justices, all Trump nominees, who would seem to adhere to the methodology of the late eminent Associate Justice Antonin Scalia, when analyzing and deciding cases—the Bruen case will be decided in a manner that will reinvigorate and clarify the rulings and holdings and reasoning of Heller and McDonald.To get a good handle on the New York Bruen case, and to assess various outcome scenarios, it is necessary to understand what transpired in the earlier New York Gun Transport case, along with a few major post-Heller D.C. gun cases and others.Our focus going forward will be directed to the elucidation of four matters:

• THE IMPORT OF GOVERNMENT FIREARMS’ LICENSING SCHEMES GENERALLY AND THOSE OF NEW YORK PARTICULARLY
• THE FRAMING OF THE SPECIFIC LEGAL ISSUE BY THE U.S. SUPREME COURT IN THE BRUEN CASE
• STANDARDS OF REVIEW EMPLOYED BY THE FEDERAL CIRCUIT COURTS AFTER HELLER
• A PERSPECTIVE ON THE JURISPRUDENTIAL APPROACHES OF THE JUSTICES

As for the first bullet point, firearms licensing schemes are a fact, and Heller’s position on them isn’t crystal clear. The mere fact of them and the propensity of Courts to align themselves with Government to stamp their imprimatur upon them are inherently in tension with the import and purport of the Right of the People to Keep and Bear Arms, a tension that Heller did little rectify.As for the second bullet point, the Court has recast the issue for review. This recasting of the issue is critical to the decision to be reached and we will speculate on why the Court recast the issue and analyze what that may portend.As for the third bullet point, many lower Courts have routinely fallen back on judicial standards of review that majority opinion in Heller considered and rejected. The High Court may wish to clarify the standard that should be employed in Second Amendment cases where the Government actions impact the core of the right.As for the fourth bullet point, while the legacy Press constantly refers to the High Court as comprising 6 Conservative-wing Justices and 3 Liberal-wing Justices. That is an incorrect statement by the legacy Press and it is one constantly projected by the Press to express the need, as the Legacy Press sees it, for a contingent of new Justices, in the mold of the late Associate Justice, Ruth Bader-Ginsberg, and in the mold of the three remaining liberal Justices, Stephen Breyer, Sonia Sotomayor, and Elena Kagan. These liberal-wing Justices, as often described by the Press, all ascribe to the view of the U.S. Constitution as a “Living Constitution,” (See, e.g. Acton Institute Article), which really calls for the death of the U.S. Constitution. These liberal-wing Justices' utilize a methodology for deciding cases that looks beyond the original text of the Constitution. These Justices believe in an expansive view of Constitutional analysis that routinely interjects ever-changing international law and international norms into their juridical pronouncements. This analysis is antithetical to and anathema to the methodology employed by the late Justice Antonin Scalia who realized that to interject international law and normative views of foreign countries into judicial decision-making is to denigrate the U.S. Constitution, subordinating the Supremacy of the Constitution and the Sovereignty of the United States to that of a Global initiative and Global objectives, at odds with the preservation of the U.S. Constitution in the manner the framers of it intended. Thus, these liberal-wing Justices find a strict reading of the Bill of Rights, for example, to be inconsistent with international law and norms and, so, rather than reject international law and international norms and standards, they would reject the language of the Constitution. This is most blatantly illustrated in their desire to reduce the fundamental Right of the People to Keep and Bear Arms as codified in the Second Amendment, to a nullity. Thus, they seek to undercut the seminal Second Amendment Heller and McDonald case rulings and holdings, and their opinions demonstrate their clear animosity to the methodology employed by the late Justice Scalia in deciding cases: originalism and textualism. Associate Justices Thomas and Alito also adhere to the methodology of originalism and textualism, which demands strict adherence to the plain meaning of the Constitution and especially of that critical component of it: the Bill of Rights.Chief Justice, John Roberts, who wields considerable power as the Chief Justice, is not to be seen as an avid proponent of the Second Amendment, and, apart from Associate Justices Clarence Thomas and Samuel Alito, whose commitment to the defense of exercise of the Right embodied in the Second Amendment is established beyond doubt through a large body of Supreme Court Opinions, the commitment of the newest members of the Court—Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett—to the sanctity of the Second Amendment and to the other Nine Bill of Rights is not firmly established. And, as for Justice Kavanaugh, along with Chief Justice John Roberts, their dubious commitment to the preservation of the Second Amendment is manifest from a perusal of their handling of the New York Gun transport case. These latter two Justices demonstrate significantly less commitment to and decidedly less ardor toward the Second Amendment than do Associate Justices Thomas and Alito and as did the late esteemed Associate Justice Scalia. This is expressed in their failure to adhere unerringly to the methodology of originalism and textualism that serves to preserve the Constitution as written, upon which the continued existence of the Nation, as a free Constitutional Republic, necessarily depends.Chief Justice Roberts and Associate Justice Kavanaugh do not employ—with the same devotion as do Justices Thomas and Alito, at any rate—the juridical methodologies of textualism and originalism, heralded by the late Justice Scalia; nor do they apply Supreme Court legal doctrines, uniformly and evenhandedly. This is apparent from their handling of the legal doctrine of “mootness,” which led to a less than optimum result in their handling of the New York Gun Transport case as a consideration of and decision on the substantive merits of the case were dispensed with.We discuss these matters in-depth in our upcoming articles._________________________________*When the Corlett case first wended its way up through New York’s Court, the Defendant, Keith M. Corlett, happened to be serving as the Superintendent of the New York State Police, the 16th Superintendent. But at some point, after the U.S. Supreme Court agreed to take up the “Corlett” case for review, Kevin P. Bruen replaced Corlett as the New York State Police Superintendent: the 17th Superintendent of the New York State Police. The case now reflects Bruen as the proper Defendant-Respondent and properly the case should be referred to as the Bruen case even though many journalists who discuss the case continue to refer to the case as originally captioned. See New York State Police website.____________________________________________Copyright © 2021 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.

HEARING OF THE U.S. SENATE COMMITTEE ON THE JUDICIARY ON NICS REPORTING AND FIREARM ACCCESSORY REGULATION

WHAT IS THE GOAL OF CONGRESS: TO REPAIR AND IMPROVE NICS REPORTING REQUIREMENTS OR TO TURN NICS INTO A MASSIVE FIREARMS REGISTRATION SCHEME?

"The laws that forbid the carrying of arms are laws of such a nature. They disarm only those who are neither inclined nor determined to commit crimes. . . . Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man." ~ Thomas Jefferson’s Literary Commonplace Book (quoting 18th century criminologist Cesare Beccaria), 1774—1776On Wednesday, December 6, 2017, the United States Senate Committee on the Judiciary, presided over by Chairman Chuck Grassley, R-IA, held a three-hour Hearing on firearms, titled, “Firearm Accessory Regulation and Enforcing Federal and State Reporting to the National Instant Criminal Background Check System (NICS).” The full Committee attended. That included the Ranking Democratic Member of the Committee, and virulent opponent of the right of the people to keep and bear arms, Dianne Feinstein, D-Calif.  CSPAN televised the Hearing.Two panels convened. The first one included senior officials of the ATF, FBI, the Secretary of the U.S. Air Force, and the Inspector General of Department of Defense. The second panel convened included, inter alia, a survivor of the Las Vegas mass shooting tragedy, Heather Gooze, who was the first to speak; two Second Amendment legal experts, David Kopel and Stephen Halbrook; and the Montgomery County Chief of Police and Major Cities Chiefs Association President, J. Thomas Manger.The two mass shooting incidents—one occurring during the Harvest Music Festival in Las Vegas, Nevada, on October 1, 2017 and the second occurring at First Baptist Church in Sutherland Springs, Texas, roughly one month later, on November 5, 2017—served, evidently, as the impetus for and the backdrop for this Hearing. The Senate Judiciary Committee focused its questioning of the first panel on: one, the mechanics of criminal and mental health reporting requirements, two, the sharing of data or lack of sharing of data between State and federal police agencies, and, three, the failure of Governmental agencies, both federal and State, to maintain accurate, reliable, and complete databases on those individuals who are not permitted to possess firearms. The Senate Judiciary Committee focused questioning of the second panel on firearms—semiautomatic rifles—that the killers, Stephen Paddock and Devin Patrick Kelley allegedly utilized to murder innocent people.The purpose of this article is not to delve into the interstices and intricacies of the Senate Hearing but to inform the American public of the fact of it and the specific concerns addressed during it that cast in high relief the dangers posed to preserving the sacred right embodied in the Second Amendment.Antigun proponents, through their Congressional representatives—Senate Democratic Party members of the Senate Judiciary Committee, including ranking Democratic Party member, Dianne Feinstein, and her principal cohorts, Patrick Leahy, Richard Blumenthal, Dick Durbin, and Sheldon Whitehouse, among others—wish to move the National Instant Criminal Background Check System (NICS) and other criminal and mental health databases into an efficient and massive and broad digital firearms registration scheme, embracing more and more individuals and incentivizing the military and the States to add comprehensive criminal and mental health data into NICS and other databases. Through this Hearing, and through recent comments of antigun proponents in news broadcasts, we see renewed efforts by antigun proponents, stoked by the recent mass shooting incidents—to weaken the Second Amendment beyond past efforts. Emboldened, we see efforts afoot by antigun proponents to transform NICS and other federal and State databases into a comprehensive digital firearms’ registration scheme, wrapping it into a more restrictive, draconian criminal and mental health background check scheme.If successful, these efforts by the antigun movement would infringe not only the basic, natural and fundamental right of the people to keep and bear arms, embodied in the Second Amendment, but would also infringe the fundamental right embodied in the unreasonable searches and seizures clause of the Fourth Amendment, and infringe, too, the Takings Clause of the Fifth Amendment. And, the antigun movement does not stop there. Not content to ban some semiautomatic firearms—that Federal Statute (the Federal Assault Weapons Ban (AWB)) at one time, defined certain semiautomatic firearms as ‘assault weapons,’ until the AWB expired in 2004, and which several States, with their own assault weapon ban statutes, in full force, presently prohibit—the antigun movement now seeks to ban all semiautomatic firearms.There are efforts afoot to enact federal law not unlike the National Firearms Act of 1934 (NFA). Under the NFA, the ATF heavily regulates civilian ownership and possession of from possessing fully automatic machine guns and submachine guns and selective fire assault rifles. And, the civilian population is prohibited altogether from owning newly manufactured fully automatic weapons.So, even as the House in recent days passed the Concealed Carry Reciprocity Act of 2017 (H.R. 38), a bill that strengthens the Second Amendment, which now goes to the U.S. Senate for consideration, we see--in stark contrast and contradistinction to pro-Second Amendment efforts to strengthen the right of the people to keep and bear arms--efforts by antigun Legislators mobilizing and gearing up to dispossess American citizens of semiautomatic firearms—all semiautomatic firearms, not merely those bizarrely categorized as ‘assault weapons.’ Antigun proponents evidently feel that they can hoodwink the American public, given the recent mass shooting incidents—which they use to their advantage—as they work unceasingly toward their ultimate goal to dispossess all Americans, eventually, of their firearms.During the questioning of the first panel, senior Officials of the Federal Government admitted that the NICS system was incomplete and faulty. The reason for this is that the military, especially, but also the States, have been remiss in entering data pertaining to individuals convicted of crimes that preclude these individuals from possessing firearms. Senator Ted Cruz, in his opening remarks, also made the pertinent point that individuals who falsify information to obtain a firearm have violated federal law, but that these crimes are rarely prosecuted and, so, all too often go unpunished.Falsifying information to obtain a firearm when an individual is not permitted to possess a firearm is a serious crime. 18 USCS § 922(a)(6), titled, “Unlawful acts” sets forth clearly, categorically, and unequivocally that: “it shall be unlawful for any person in connection with the acquisition or attempted acquisition of any firearm or ammunition from a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, knowingly to make any false or fictitious oral or written statement or to furnish or exhibit any false, fictitious, or misrepresented identification, intended or likely to deceive such importer, manufacturer, dealer, or collector with respect to any fact material to the lawfulness of the sale or other disposition of such firearm or ammunition under the provisions of this chapter.” Senator Cruz was making the point, albeit tacitly, that laws that have no legal consequences do not amount to laws at all. Enforcement of federal firearms laws is lackadaisical at best, a point often made by NRA and a point perfunctorily ignored by antigun proponents whose real goal, after all, is to go after the millions of law-abiding gun owners, even as they profess to express concern over those individuals, alone, who are absolutely prohibited by law “to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign  commerce.” See United States Code, 18 USCS § 922(g) and 18 USCS § 922(n), titled, “Unlawful Acts,” as set forth in Title 18, “Crimes and Criminal Procedure,” of Part I, “Crimes,” of Chapter 44, “Firearms.”During the hearing, Legislators on the Judiciary Committee uniformly expressed concern over faulty federal NICS record-keeping and they requested, from the panel of senior Government officials, an explanation for the failure of these Government Offcials to keep the criminal databases up-to-date. But, it is one thing to repair the NICS record-keeping system; it is quite another to contemplate dumping ever more people into it, essentially, eventually, encapsulating minutia of mental health details of every American, along with details of every infraction committed by every American during every period of his or her life—every spat between husband wife or boyfriend and girlfriend, and an accounting of every instance, every bout of depression or anxiety an American citizen at one time or another may have had. Democratic Party members of the Judiciary Committee—alluded to expanding NICS and other criminal and mental health databases into a comprehensive and permanent digital—as opposed to merely manual—database of every firearm’s transaction and tying that to and in tandem with a universal background check schema.Clearly, the aim of the Democrats on the Senate Judiciary Committee is, then, more ambitious and grandiose than merely repairing a faulty NICS system. We are headed toward a universal registration system if antigun proponents have their way. Every firearm owner becomes suspect. Hence, every American, who owns a firearm must be carefully screened, and those licensed and therefore “privileged” to own and possess a firearm, will be carefully and continuously observed for signs of anti-social behavior, predicated on subjective standards of assessment. The implication of a universal criminal and mental health background check system tied into a permanent NICS databases are dire from the standpoint of Constitutional privacy concerns.Then, there are the firearms themselves. During the questioning of the second panel, it became clear that it wasn’t Stephen Paddock or Devin Patrick Kelley who were being castigated for the horror they caused. Rather, it was the semiautomatic weapons that were the target of and the focus of the Senators' ire--those Democratic Party members who sit on the Senate Judiciary Committee.One speaker on the second panel, who was the first to speak, was a young woman named Heather Gooze. She detailed her personal experiences during the Las Vegas shooting episode and resulting carnage. This survivor’s anguished account of holding and attempting to aid and comfort a dying stranger, who had been shot by Paddock, was poignant, graphic, heart-rending, heartfelt, and deepfelt, as it was meant to be—but, for all that, it was also irrelevant. The fault for the tragedy in Las Vegas was not laid at the feet of the maniac, Stephen Paddock, the sole cause of the carnage—assuming there were no others that abetted Paddock. No! The fault for the crime is laid on inanimate objects—the weapons Paddock used in the commission of his heinous acts. But, if civilian access to an entire category of weapons, semiautomatic rifles, in common use by millions of law-abiding, sane, responsible Americans, is to be curtailed, then, those who would ban civilian possession of semiautomatic weapons  must propound sound legal and logical arguments in support of their case. Arguments amounting to emotional rhetoric, however endearing and heartfelt and honest they may be, are not rational substitutes for sound reasoning.What was on display during the Hearing, was unabashed grief and anger. That is what we heard from the young woman, Heather Gooze: a plaintive and soulful, if tacit, cry for a universal ban on semiautomatic weapons, and that is what the Senators on the Judiciary Committee got from her. This appeal to sympathy for one's cause, derived from heartfelt pain, is representative of a common fallacy. It's one an undergraduate college student learns about in a course on informal and formal symbolic logic. The Latin expression for this informal fallacy is argumentum ad misericordiam (argument from pity or sympathy or misery, or compassion). The fallacy of argumentum ad misericordiam is committed when pity, or sympathy, or compassion, or misery is appealed to for the sake of getting someone to accept a conclusion predicated on emotion, alone, sidestepping the salient issue.Appealing to pity, compassion, or sympathy, or misery avoids dealing with the pertinent legal questions. The pertinent legal question here is this: do semiautomatic weapons fall within the core of the Second Amendment’s protection? Antigun proponents use the argument from pity incessantly to sidestep this legal issue—the real issue—because they do not wish to hit the issue head-on. Appealing to sympathy or pity, or misery, or anger operates as a convenient substitute for cogent and sound legal and logical reasoning. It is unfortunate that the U.S. Supreme Court has, at least twice, decided not to take up the issue whether semiautomatic weapons do fall within the core of the Second Amendment’s protection, as appellants in the cases failed to garner four votes necessary to secure high Court review. See, Friedman vs. City of Highland Park, Illinois, 784 F.3d 406 (7th Cir. 2015), cert. denied, 136 S. Ct. 447, 193 L. Ed.2d 483 (2015); and, recently, Kolbe vs. Hogan, 813 F.3d 160 (4th Cir. Md., 2016), cert. denied, 2017 LEXIS 7002. The Arbalest Quarrel has written extensively on both these cases.The legal and logical weaknesses of the antigun proponent’s position, apropos of semiautomatic weapons, would be all too apparent were they to try to evince an argument. The public is hit with emotional rhetoric and pious sentiments, instead. Such emotional outrage has clout, even as it is devoid of substance. Heather Gooze used it to good effect during the Hearing. Her testimony before the Senate Judiciary Committee was as much a plea for action from the public as it was a plea for action from the Senate. No doubt, that was the reason she was invited to speak before the Committee at this public Hearing.Antigun proponents invariably take the argumentum ad misericordiam out of their sack of tricks whenever a tragedy involving the misuse of firearms occurs. They know that tragic events tug at the heartstrings of anyone who has a modicum of compassion in his or her heart, which are the majority of us—and which do not include psychopaths, who have no inkling of and therefore have absolutely no understanding of the concept of compassion. And, these individuals, who lack a modicum of compassion include, as well, common criminals who might understand the concept but simply don’t care since a consideration of compassion during the commission of a crime interferes with their personal selfish ends.Appealing to sympathy as an argument to dispossess millions of law-abiding firearms owners of their firearms operates as a useful makeweight, a convenient scapegoat, for antigun proponents, allowing antigun proponents to avoid factoring in the complex legal, logical, historical, cultural, and ethical ramifications of taking firearms away from millions of sane, rational, honest Americans. Essentially the antigun proponent’s argument, in various forms and permutations, boils down to this:“semiautomatic ‘assault weapons’ are weapons of war and have no legitimate use in civilian hands other than to commit murder and to do so on a large scale. And, manufacturers market these weapons to the entire civilian population which includes, then, mentally ill individuals and criminals who should not have them. These weapons have incredible firepower and no legitimate civilian use. Just look at what happens when a poor, deluded person gets hold of this ‘weapon of war.’ Just look at the harm he calls. Anyone who has a heart at all should see that semiautomatic assault weapons will only cause bad things to happen and will cause good people to do bad things. If you don’t want to see an innocent child, a vulnerable woman, a weak old man harmed—and what caring, compassionate human being does—then you will agree with us that there is no place for these ‘weapons of war’ in a civilized society, and you will write or call your Congressman or Senator, asking your Legislator to enact legislation that permanently bans these awful weapons of war, to ban them for the good of society so that no other person will ever suffer the needless tragedy that these weapons of war cause.” Well, if there is a sound reason for banning semiautomatic weapons from civilians, this isn’t it. Apart from appealing solely to one’s emotions, the argument embraces false assumptions, hyperbole, and irrelevant considerations. And, if you think our illustration of the fallacy of argumentum misericordiam amounts itself to a fallacy—the straw man fallacy, as some, who challenge our position, may claim—it does not. The remarks, concerning semiautomatic weapons as ‘assault weapons’ and ‘weapons of war,’ “weapons that have no legitimate civilian use,” and the notion that firearms manufacturers market these “weapons of war” to criminals and to the mentally ill are not suppositions the Arbalest Quarrel has invented to illustrate an argumentum misericordiam, for the purpose simply to knock down a straw man. No! These remarks are not our invention at all. These remarks, purporting to be arguments against civilian possession of firearms, are utilized constantly, incessantly by antigun proponents. And, more to the point, these remarks, as set forth in our example, comprise, in part, allegations taken from an actual formal legal pleading—namely and specifically the First Amended Complaint of the Soto Plaintiffs, in Soto vs. Bushmaster Firearms International, LLC., 2016 Conn. Super. LEXIS 2626; CCH Prod. Liab. Rep. P19,932. The Arbalest Quarrel has written extensively on this case and continues to write articles about it. See, for example, our in-depth article, titled, “Soto vs. Bushmaster: Antigunners Take Aim at Gun Manufacturers.” We also wish to point out that a detailed account of one’s personal experiences, as related to the reader or listener—those of Heather Gooze, during the Senate Hearing—amount to a series of declarations that have no appreciable epistemic value. In other words, her account of the tragedy in Las Vegas, that occurred during the Harvest Music Festival, is not the sort of thing that one can reasonably challenge, or that need be challenged, or is expected by anyone to be challenged, as false.The Arbalest Quarrel accepts the account of Heather Gooze, as related at the Senate Hearing, as true, and does not quarrel with it. There is no reason to. There is no reason to consider her personal account as false. We say this because the remarks of Heather Gooze have no concrete epistemic value on the salient issue whether semiautomatic weapons fall within the core of the Second Amendment. Her remarks or declarations of events as she experienced them at the Harvest Music Festival do not serve as a sound reason for banning semiautomatic weapons from the millions of average, law-abiding, rational, responsible American citizens who own and possess them, notwithstanding that the Democratic Party Senators on the Judiciary Committee happen to believe the account of Heather Gooze to be relevant to the issue whether semiautomatic weapons are the sorts of firearms that properly belong in the hands of the average, rational and responsible American citizen. The remarks of Heather Gooze simply attest, at best, to a matter that everyone can agree with: that criminals, psychopaths, Islamic terrorists, and other assorted lunatics—the flotsam and jetsam of society—should not have access to any firearm. One might by the same token argue that the worst elements of society should not have access to anything that can feasibly be used to cause great harm to others and to many individuals at one time. Consider for example: a knife, an automobile or truck, or chainsaw. What we are getting at here is that common criminals, and members of drug cartels and criminal gangs, and psychopaths, and Islamic terrorists, and other assorted lunatics and maniacs and riffraff who pose a danger to others, as these individual do, should be removed from our society. It is not the firearm that should be removed from American society.That common criminals, terrorists, psychotics, or psychopaths may happen to get their hands on a semiautomatic rifle or on any other firearm to harm others does not serve as a sound legal or logical reason for banning semiautomatic weapons en masse from millions of average, law-abiding, responsible, rational American citizens. And, make no mistake, Senator Dianne Feinstein and the other Democratic Party members of the Senate Judiciary Committee do seek to ban and do work feverishly to ban all semiautomatic weapons, just as fully automatic weapons and selective fire weapons have been essentially banned from civilian possession, since 1934, with passage of the National Firearms Act (NFA). In fact, Senator Dianne Feinstein would accomplish this feat through enactment of a very devious bit of legislation, which was referred to during the Senate Hearing.Roughly two months ago, on October 4, 2017, Senator Feinstein introduced the following bill in the U.S. Senate:Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, This Act may be cited as the "Automatic Gunfire Prevention Act".POSSESSION OF CERTAIN FIREARM ACCESSORIES. Chapter 44 of title 18, United States Code, is amended-   in section 922, by inserting after subsection (u) the following:   "(v)(1) Except as provided in paragraph (2), on and after the date that is 180 days after the date of enactment of this subsection, it shall be unlawful for any person to import, sell, manufacture, transfer, or possess, in or affecting interstate or foreign commerce, a trigger crank, a bump-fire device, or any part, combination of parts, component, device, attachment, or accessory that is designed or functions to accelerate the rate of fire of a semiautomatic rifle but not convert the semiautomatic rifle into a machinegun.   This subsection does not apply with respect to the importation for, manufacture for, sale to, transfer to, or possession by or under the authority of, the United States or any department or agency thereof or a State, or a department, agency, or political subdivision thereof."; and   in section 924(a)(2), by striking ", or (o)" and inserting "(o), or (v)". Attorneys David Kopel and Stephen Halbrook, sitting on the second panel, and testifying at the Senate Hearing—were acutely aware of this Senate bill. David Kopel pointed out that the language of Feinstein’s bill, the "Automatic Gunfire Prevention Act," makes very clear that any change at all to any semiautomatic weapon—lightening the trigger pull, for example, or even cleaning a firearm—can effectively serve to increase the rate of fire of the weapon. Thus, any semiautomatic rifle can, were Feinstein’s bill enacted, serve as the basis to ban outright all semiautomatic rifles. When faced with David Kopel’s critical, astute remarks, Senator Feinstein demurred, seemed agitated and, evidently, perplexed, asserting, disingenuously, that the bill was drafted by capable attorneys, suggesting, perhaps, or, then again, perhaps not, that her bill only targets certain types of accessories or components for semiautomatic weapons, such as the “bump-fire device” (“bump stock”) that are specifically mentioned, and not, ipso facto, all semiautomatic weapons. But, that doesn't seem to be the case; and, if that is not the case, then this would suggest that the drafters of Feinstein’s bill either know very little about the operation of semiautomatic rifles or know the operation of semiautomatic weapons all too well. If the former supposition is true, then the bill has unintended consequences: positive consequences for antigun proponents; negative consequences for everyone else. This means that all semiautomatic rifles can and eventually would be banned. This is consistent with the plain meaning of the bill. If the latter supposition is true, then, given the plain meaning of the bill, the bill is a subterfuge. This would mean that those who drafted Feinstein's bill intended, all along, not merely to suggest that only some accessories for semiautomatic rifles would be banned, but that, in fact, all semiautomatic weapons would be banned, as this is what antigun proponents want and have wanted all along and this is what the bill says: no semiautomatic weapons in the hands of American citizens qua civilians. Either way, Senator Feinstein would derive from her bill, if enacted, exactly what she had long sought—a universal ban on semiautomatic weapons defined as ‘assault weapons’—meaning, of course, that all semiautomatic weapons would be banned because all semiautomatic weapons are, ipso facto, ‘assault weapons,’ as Senator Feinstein sees it.Never underestimate the deviousness of antigun proponents and never trust them when they assert that they do not seek to defeat the right of the people to keep and bear arms as codified in the Second Amendment. These antigun groups, and antigun legislators, and their billionaire benefactors, and their fellow travelers in the mainstream media and in Hollywood, will not rest easy until each and every average American citizen qua civilian—apart from the so-called “elites” in society, like Senator Feinstein, herself—is prohibited, by law, from owning and possessing any kind of firearm._________________________________________________Copyright © 2017 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.