PRIORITIZING CHILDRENS’ SAFETY WHILE IN SCHOOL SHOULD BE THE AIM OF ALL SCHOOL DISTRICTS, BUT IT ISN’T

CHILDREN ARE PAWNS IN A DANGEROUS GAME PLAYED BY THE BIDEN ADMINISTRATION AND BY MANY STATE GOVERNMENTS*

MULTISERIES ON THE ISSUE OF SCHOOL SAFETY

PART THREE

SUBPART ONE

The Nation’s public schools exist for one salient purpose: to sharpen logical-thinking skills in our Nation’s youths so they become confident in their abilities and productive members of society.Something hinders the effectuation of that purpose: school shootings.Board members, administrators, teachers, support staff, and children cannot concentrate on the core purpose of education when they fear the next school shooting incident.There were four major, widely reported tragic school shooting incidents (K-12) in the past 20+ years:**Columbine in 1999, Sandy Hook in 2012, Stoneman Douglas in 2018, and, most recently, Robb Elementary in 2022.These incidents were devastating, profoundly affecting both the children and adults directly involved and the Nation.Each incident is unacceptable. Yet, all were preventable.What are the States doing about this? Some States are doing much; many others little to prevent the next school shooting. See the ecs.org report. States generally, but not invariably, delegate the responsibility for developing and implementing school security plans to the school districts and many have enacted statutes dictating policy in that regard. Id.There are 13,349 School Districts in the Country, and 731 are in New York.The largest School District in New York and in the Nation is the New York City School District, and it has an enrollment of 1,007,610 (K-12 Public Schools) as of June 30, 2021. The New York City School District has 1,400 schools, one-third of all the public schools in the State. The United Federation of Teachers (UFT) is the sole bargaining agent for teachers, non-supervisory educators, and paraprofessionals for the City School District. A rational person would think that given the size of the NYC School District (the City is divided into 32 geographic districts and 2 Citywide districts), and given the severity of violent crime in the City, and a host of related societal problems, the District would be a leader in “hardening,” (fortifying) schools against armed attack. But that isn’t true. See articles in the New York Post, the Washington Times, and the National Review.The UFT, taking its cue from the Biden Administration and from the National Education Association (NEA), adamantly opposes implementing the “hardening” of schools, claiming that it doesn’t work. Yet, this notion is at loggerheads with the position of the New York State Legislature that passed, in 2018, a bill funding schools specifically to use armed personnel “To strengthen security and help keep students safe.” The view of the Huntington School District, on Long Island, aligns with that of the State’s Legislators in Albany. The view of the UFT does not.See the Arbalest Quarrel companion article, posted on January 30, 2023. The Huntington School District has implemented a school safety program that makes use of armed staff to protect children, teachers, and staff. See the article in Newsday, and wshu public radio. The use of armed guards has stoked resistance even though such use of armed guards is authorized “on school grounds” but not “in the school.”  That has done nothing to placate deep-seated antipathy on the part of some parents and teachers who oppose all use of armed guards, notwithstanding that the armed school resource officers (SROs), not police officers.But what explains this strong resistance? There is a reluctance, even a hysterical reaction, to the use of armed police or armed school resource officers (“SROs”) at schools even as their effectiveness in protecting students, teachers, and administrative officials from aggressive armed assault is clear. See the article from the rand corporation.  This is a disturbing trend. And it is illustrated both in the New York City School District, and some of the other largest school districts in other areas of the Country.This reluctance must be attributed to a concerted attack on “guns” generally, by groups always opposed to guns, and a hyped-up fear of armed police and armed school resource personnel, particularly.Although the UFT is adamantly opposed to any armed personnel in the City's schools, apparently the District cannot prohibit NYPD from entering the schools in pursuit of their lawful police functions. This has led the ACLU to provide guidance to students when interacting with the police, suggesting a strained relationship from the get-go. See the article, titled, “How to Interact with the Police in New York City Public Schools.”The Legacy Press, itself, abhorring guns and contemptuous of those who choose to exercise their natural law right to keep and bear them, does nothing to alleviate the public’s phobic reaction toward guns. Instead, the Press exacerbates that irrational fear, exploiting shooting incidents—especially those taking place inside schools or outside, on school grounds, involving harm to children. Stoking fear of and concomitant hatred of guns furthers a political agenda. It is an agenda aimed at weakening and eventually eliminating the fundamental, unalienable, natural law right of the people to armed self-defense. The Press uses the alarmist expression “epidemic of mass shootings” to stoke public anger and rage toward guns, suggesting, falsely, that “mass shootings” are commonplace. They are not. See the article in the City Journal. And the term ‘epidemic’ when tied to shootings falsely alludes to a public health emergency. It is not.Criminal conduct involves public safety, not public health. The implement used by a sociopath, or psychopath, or lunatic to commit mayhem doesn’t define the event.  A sentient agent’s use of a gun to commit a crime does not convert that act, a public safety matter, into a public health matter. Similarly, an epidemic or pandemic, like the outbreak of the Spanish Flu, the Bubonic Plague, or the recent CCP Chinese Coronavirus (COVID-19) doesn’t transform a public health matter into a public safety matter. Society doesn’t place a “virus” on trial for a crime. And Society doesn’t place the “gun” in a hospital because it, “the gun,” is deemed “ill.” That is discordant. Yet, the public doesn’t stop to think about the irrationality of the messaging so caught up it is in the cacophony on display.Publications like Time show no reluctance in treating a criminal matter as a health issue when that criminal matter involves guns. See the article in Time.One would think the medical community wouldn’t fall for this. Not so. Many medical practitioners and medical organizations are happy to shoehorn the misuse of guns, a public safety issue, into a presumptive public health issue, and even a public health epidemic. How can this be? Many in the medical community, apparently, are blinded by their own loathing of guns and therefore fail to perceive the irrationality of the presumption. Still, some medical practitioners, realizing the problem, try to make a case, nonetheless:“Advocates believe a public health approach is warranted not only because of the aggregate numbers of death and injuries, but also because epidemiological analysis suggests gun violence may share features with communicable diseases; exposure to gun violence can predict other incidents, and gun violence often diffuses like a contagion through connected social networks. Physicians also are being asked to step up. Various medical groups including the AMA and the American Academy of Pediatrics have issued policy statements calling for greater physician involvement in combating gun violence.” “Physicians’ Elusive Public Health Duties,” 99 N.C.L. Rev. 923, May, 2021, by Richard S. Saver, Arch T. Allen Distinguished Professor, UNC School of Law; Professor (Secondary Appointment), UNC School of MedicineThis is sophistry. The author of the above article equates “gun violence” with “communicable disease” or “contagion” because he mistakes his metaphor for a literal representation. If “gun violence” were really “like” a “communicable disease,” then this would mean that guns, as “viruses,” or “contagions,” would transform all people who happen to come into contact with a gun as having within them the seed of pathological criminal violence. That’s not only patently false, it’s also nonsensical. But, in fact, many in the medical community ascribe to this. And politicians and the legacy Press run with it. Many in the medical community, therefore, contribute to this hysteria over guns, rather than being a voice of reason. And a half-hearted debate over the matter does nothing to allay the tendency to hysteria. See Tulane University article.The desire to treat “guns” per se as a health matter informs all subsequent discussions on the matter. The result is disastrous public policy decisions. Fortunately, not all members of the medical community have jumped on the bandwagon. They do not treat “gun violence” as a public health matter, let alone a public health emergency. They perceive this notion as wrongheaded and illogical. See the website Doctors for Responsible Gun Ownership.On the matter of guns, the Press, politicians, and many in the medical community are not serving the best interests of the Nation, least of all the best interests of and safety of our children.Children have become useful pawns, sacrificial lambs, in a high-stakes game, where the survival of the Nation as a free Constitutional Republic is at stake.____________________________

A GENERAL ANTIPATHY TOWARDS GUNS MEANS TREATING CRIMINAL USE OF GUNS AND LAWFUL CIVILIAN CITIZEN USE OF GUNS FOR SELF-DEFENSE AS A DISTINCTION WITHOUT A DIFFERENCE

SUBPART TWO

The refusal of many school districts to consider utilizing police or armed resource officers as a necessary part of an effective school safety plan arises from both an antipathy toward guns, culminating in an outright phobic reaction toward “guns.”   An irrational abhorrence toward guns has pervaded the Country. It has not come about by chance. It is all part of an elaborately conceived and orchestrated campaign aimed at disarming the American public. In this effort to affect the desired outcome, a child is viewed as a useful pawn, whose life is deliberately placed in mortal danger. This says everything an American need to know about the value the legacy Press, and many school districts, including the New York City School District and the Biden Administration place on the life of our Nation’s children. It is just a matter of time before another tragedy that need not occur will occur in a school. The usual cast of characters will piously declare how horrific that is and why it is that civilian citizen possession of guns must be drastically curtailed. This will do nothing to prevent another mass shooting incident to occur in a school or outside it. In fact, the contrary will ensue. A mass shooting incident is guaranteed to occur, demonstrating once again, ever again, that the goal of ending criminal violence with guns is not, and never was about guns.Consider the ubiquity of the hyper-alarmist expression “gun violence.”New York Governor Kathy Hochul incessantly goes on about this thing “gun violence” and “hypes” her package of restrictive gun legislation to “fight gun violence epidemic.” See the article on her website. But few people stop to reflect on her lengthy, convoluted package of gun legislation. They should. The legislation has nothing to do with stopping criminal conduct. It has everything to do with repressing the ability of average, responsible, rational, law-abiding Americans to own and possess a firearm—the only truly effective means available to safeguard one’s life against a violent, vicious aggressor. Such random, unprovoked attacks have increased exponentially in recent years, in New York, as reported by the New York Daily News, and the City Journal Magazine. Violent Crime is surging in major Cities, including New York, as reported by the New York Post. Back in January 2022, New York City Mayor Eric Adams declared, “Gun violence is a public health crisis that continues to threaten every corner of our city” and he claimed to have the plan to deal with it.Do you remember: “The Blueprint to End Gun Violence.”How well is that working? Strange, the Mayor has said little to nothing about it since he rolled it out with great fanfare early last year.The answer to violent crime, as the legacy Press and the politicians explain is to constrain and eventually curtail the natural law right of the citizen to provide for his own defense. That is their answer. That is their only response. And why is that? Apparently, the law-abiding citizen gun owner is an easy target and a useful one. And, the Press and politicians point to the many guns in the hands of the law-abiding citizen. So? So, what?Conflating guns held by law-abiding gun owners with those held by violent criminals, the seditious Press and duplicitous politicians make a pretense of serving society, while stepping all over the Bill of Rights. Gun owners are perceived as “the other”—not representative of true law-abiding Americans.Although not expressly stated, the rationale, is this——Restricting the exercise of the natural law right to armed self-defense of the former, the average law-abiding citizen, will serve to distract from the problem of misuse of guns by the latter, the rampaging psychopathic and psychotic killer.Through this sleight of hand, the Destroyers of a free Constitutional Republic can methodically whittle away at the natural law right codified in the Second Amendment. This, of course, is and was their primary aim all along: erase the natural law right to armed self-defense ostensibly for the well-being of the greater society. It is all a ruse. But, it plays well.Thus, the more often that violent crimes occur—preferably through the use of guns—the more likely the public will be to embrace a policy whose end goal is a “Gun-Free” America. That is to say, the elimination of the lawful possession of firearms by civilian citizens. That, of course, has no impact on the criminal. But, witnessing the casual way in which many City Governments treat crimes and criminals today, tackling crime isn’t a matter of concern for them; disarming the average, honorable, rational, responsible civilian citizen is._____________________

A GENERAL ANTIPATHY TOWARDS GUNS MEANS TREATING CRIMINAL USE OF AND LAWFUL CIVILIAN CITIZEN USE OF GUNS FOR SELF-DEFENSE AS A DISTINCTION WITHOUT A DIFFERENCE

SUBPART THREE

All this focus on guns has affected the way much of the Country views the discussion of and treatment of guns, including, most despicably, how many school districts treat their charges. A life that has value only as a commodity in service to a higher aim: But the refusal even to consider a school safety policy using armed resource officers may place the lives of children, while in school, in mortal danger. Is not the lack of a truly effective school safety policy stark evidence of the lack of value that the Government, today, places on the life of a child—the lack of value that the Government places on the life of the average American citizen in our Country?But the refusal even to consider a school safety policy using armed resource officers may place the lives of children, while in school, in mortal danger. We had pointed this out in an Arbalest Quarrel article, posted on November 17, 2022, writing about this stubborn attitude of the New York City School District, we said,“The UFT isn’t interested in hardening the City’s schools. And it is particularly resistant to employing trained and armed resource officers in the schools.This stubborn stance is an ominous sign of bad things to come. This lax attitude invites school shooting incidents. It may be only a matter of time before a New York City school suffers this horror.I hope it never happens but, given the sheer size of the NYC school district and given the amount of criminal violence afflicting New York City, coupled with a casual attitude toward crime, demonstrated by New York Governor, Kathy Hochul, and New York City Mayor, Eric Adams, I am fearful that it is just a matter of time before a tragedy, at the hands of an armed lunatic, visits a City school.” Less than two months after we wrote this, our prognostication, unfortunately, came true. A Charter School in New York City, East-Williamsburg in Brooklyn was the site of a shooting incident. The New York Post writes,“Three people — two of them students — were shot outside a Brooklyn high school on Wednesday afternoon, police and law enforcement sources said.Bullets flew just past the 2 p.m. dismissal time after a fight erupted outside the Williamsburg Charter High School at 198 Varet Street, cops said.A 15-year-old girl was shot in the right leg and a 17-year-old boy was shot in the left thigh, cops said. A 37-year-old man — a security guard at the school — suffered a graze wound to the neck, according to police.The students were taken to Bellevue Hospital, and the staffer to Elmhurst General, all in stable condition.This started as a dispute, a physical fight,” down the block from the school, near White Street, NYPD spokesperson Lt. Paul Ng said in a press briefing.About 15 men got into the melee, and one of them whipped out a 2×4 stick — which is when the shooter opened fire, according to Ng.”We would be remiss not to point out that, although Williamsburg Charter High School is located in New York City, it does not come under the purview of the New York City School District and the UFT.The Guide to Charter Schools in New York State, says, in part,“Charter schools are completely independent of district school boards. What allows a charter school to provide education to the public is a “charter,” a type of contract, between the school’s board of trustees and a chartering entity (also known as an authorizer). According to the terms of the charter, a school agrees to meet rigorous academic, operational, financial, and legal standards. The authorizer oversees each charter school to ensure it is meeting the terms of its charter.”Yet, despite their independence from district school boards, “charter schools must follow the same health and safety, ci rights, and student assessment requirements as other public schools, but they are exempt from all other laws and regulations, except for Article 56 of the Education Law. v 6” Id.The Safety program appears to be one-dimensional, though, essentially limited to the use of metal detectors to scan for weapons. And “School Safety Agents” appear to be limited to being versed in the use of scanning techniques. Nonetheless, the school safety program falls under the auspices of the NYPD. But, there is nothing that we can decipher from the material we perused to suggest that NYPD officers or armed safety personnel are utilized.In a document involving “A Collaboration Between the New York City Police Department (NYPD) and the New York City Department of Education,” effective July 21, 2016, school safety seems directed to and limited to scanning for weapons coming into the school:“Since the late 1980’s, metal detectors have been used in New York City public schools in order to maintain a safe and secure school environment and prevent weapons from being brought into the schools. The scanning program continues to be a vital security initiative and significant deterrent to weapons and violence. Furthermore, when weapons are found, schools can implement appropriate supports, interventions and follow up measures to reduce the chance of recurrence and address underlying factors that affect the safety and security of the school community. In accordance with established procedures and protocols, including Chancellor’s Regulation A-432 on Search and Seizure and the NYPD Patrol Guide 215-18 on Search Protocols for School Safety Agents, all students and visitors entering a school facility where scanning takes place are subject to scanning. School staff may enter the building at a non- scanning entrance designated by the principal/designee, which is monitored by school safety agents. NYPD personnel who conduct the scanning are trained to respect students’ rights and to ensure that scanning occurs in the least intrusive and most respectful manner possible. A principal or his/her designee must be present whenever scanning occurs. Scanning is only conducted at High Schools or Middle Schools which includes grade levels 6 through 12. When an Elementary School is present in a Middle School or High School where scanning occurs, a separate entrance will be provided for Elementary level students to enter the building without being scanned. . . .The Role of School Safety Agent School Safety Agents are trained to treat all individuals entering a school facility with courtesy, professionalism and respect. School Safety Agents overseeing scanning in a school must: • Properly set up/dismantle equipment and test the scanning equipment daily to ensure it is in proper working condition. • Greet students and provide them with clear, concise instructions in a professional manner • Be aware and alert to the walk-through metal detector signals and correctly utilize the hand-held metal detector while carefully observing, interpreting, and reviewing the x-ray machine screen for any suspicious objects Conduct sweeps (searches) for weapons, contraband, and other prohibited items periodically throughout scanning operations each day on the perimeter of the school site. • Adhere to the established methodology for scanning procedures . . . .”Obviously, the shooting incident that occurred on Wednesday, February 8, 2023, involving multiple shots fired and several individuals being shot, on the school grounds of Williamsburg Charter School, suggests serious deficiencies in security, on many levels. That incident may be replicated in any other school in New York City and could lead to more severe consequences. It is just a matter of time.______________________________

THE VALUE OF THE LIFE OF AN AVERAGE AMERICAN IS NOW REDUCED TO ZERO! WELCOME TO “THE NEW LIBERAL WORLD ORDER”!

SUBPART FOUR

What is evident today in New York City in the mammoth New York City School District and in many School Districts across the Country that develop deficient school safety protocols grounded on the biases of the Biden Administration and the NEA are disasters in the making. The crassness is quite remarkable. We reported on this before, in our AQ article posted on November 17, 2022, and it bears repeating:In a May 2022 Press Briefing, reported in the New York Post, prompted soon after the school shooting in Uvalde, Texas, Biden’s Press Secretary pointedly said:“ ‘I know there’s been conversation about hardening schools, that is not something he [Joe Biden] believes in,’ Jean-Pierre told reporters at a White House press conference. ‘He believes that we should be able to give teachers the resources to be able to do their job.’” This wasn’t a mistake by the Press Secretary. The next month, on June 2, 2022, as reported in Breitbart, Joe Biden, himself, confirmed he doesn’t support hardening school buildings.“President Joe Biden delivered a 20-minute prime-time address about gun violence on Thursday in which he mentioned a litany of gun control policies without mentioning the need for hardening school security . . .” [and] nowhere throughout his speech did he mention the need to place armed security guards on school campuses or bettering school security overall.”Since the Biden Administration is adamantly opposed to the use of armed security officers in public schools and explicitly discourages the application of any steps to harden school buildings to protect children, this serves to dissuade the UFT leadership from pursuing “hardening” as a solution for New York City schools. And, many other school systems across the Country follow the Biden Administration’s policy.One is left to ponder the forces at work in this Country who have little if any regard for the life and well-being of the average American: whether man, woman, or child. The Biden Administration is merely a reflection of the monstrous claim that these shadowy, powerful forces have over our Country and its people.The goal of these forces with their toadies in the Biden Administration and in several State Governments across the Country is control over the Country and over the American citizenry. Gaining control over the Country and its people requires capturing the weaponry of Americans to affect absolute control over the populace. Propaganda plays a critical role in that endeavor. Capturing weaponry in this Country requires first capturing the minds of the majority of the people. The lives of Americans, and especially children, count for nothing to these ruthless forces. Rather, loss of life, through criminal misuse of guns, plays a central part in that effort. Regardless of what the politicians and the organs of the Press and media spout, it is control over thought and control over firearms that is essential to the dissolution of a Sovereign, Independent, Nation-State; essential to the dissolution of our Free Constitutional Republic; and essential to the subjugation of a sovereign and proud people. That is the endgame.The Biden Administration and much of Congress, and many of those in State Governments, have no reason for existing other than to carry out the will of their benefactors. And those benefactors have lavished money and power on their toadies to secure their compliance and their loyalty. And they have served their masters well. And what of we, the commoners, the sovereign people of a once Great Nation? We are destined for the yoke if we don't demand an accounting, long past due, of those scoundrels who have sold us out. For the sake of our children, for the founders of our Republic, the first Patriots, and for the many Americans, down through the years, decades, and centuries, who placed their lives at risk, and for those who paid the ultimate price to secure our freedoms, we owe it to all of them to make a stand. Otherwise, all that came before was in vain.___________________________________*This article updates and complements our article posted on January 30, 2023.____________________________________**AQ has corrected an earlier account of school shooting incidents where we stated that there were four school shooting incidents in the past thirty years. We wish to clarify that remark. An astute reader of this article explained to us, on February 9, 2022, that the assertion is inaccurate. We stand by the salient point but acknowledge its vagueness. Therefore, we add this clarification: There were four major, i.e., widely reported school shooting incidents (K-12), from 1999 through 2022; one from the last decade of the Twentieth Century, then two through the first two decades of the Twenty-First Century, and, at this moment in time, one during the third decade of the Twenty-First. The website, Statista, does report many more “mass shootings,” overall, from the time frame, of 1982 through January 24, 2023. Also, we note that the site Statista does not formally define the phrase, ‘mass shooting,’ saying only that “Mass shootings happen when there are several injuries or deaths from a firearm-related violence.” Id. What, then, is a “mass shooting”? The newspaper, USA Today, which has a clear Anti-Second Amendment left-wing bias, writing about it in an article published on June 11, 2022, and that is upfront concerning its abhorrence of the Second Amendment of the Bill of Rights, calling for the outright repeal of it in a subsequent article, published one month later, on July 11, 2022, allows itself, unbidden, to proffer its own non-legal definition: “There's no single consensus on the definition.The Gun Violence Archive, a nonprofit research group, defines a mass shooting as an incident in which four or more people are shot or killed, not including the shooter. In contrast, Everytown currently defines it as a shooting in which four or more people are shot and killed, again excluding the shooter – but Burd-Sharps noted that they are moving toward expanding the definition to also include four or more injuries in the future.The Federal Bureau of Investigation doesn't have a mass shooting definition. Instead, the FBI defines "mass murder" as an incident where four or more people are killed, which can include gun violence.USA TODAY defines a mass shooting as an incident where at least four people are hit with gunfire, even if there are no fatalities. Mass killing refers is an incident in which at least four people are killed.”The organization, The National Mass Violence Victimization Resource Center (NMVVRC), whose mission, as stated, is directed to serving victims of “mass violence” points to a plethora of definitions for similar expressions, in an article, “Definitions of Mass Violence Crimes.”  AQ refuses to be pigeonholed, focused on terminology cunningly devised by propagandists. The use of argot designed by propagandists ensnares a person, traps him, and compels him to adopt a particular viewpoint, even a philosophy through which to view the world. Expressions, like ‘assault weapon,’ ‘gun violence,’ ‘gun culture,’ and ‘mass shootings,’ to name a few, direct a person to view firearms and anything associated with them, including, and most especially, the fundamental, unalienable, natural law right codified in the Second Amendment to the U.S. Constitution, to a particular and decidedly peculiar way of thinking, a way of thinking at once antithetical to our Nation's history, heritage,  cultural ethos, national identity, and to the philosophical underpinnings of a free Constitutional Republic.____________________________________**This article updates and complements our article posted on January 30, 2023.____________________________________Copyright © 2023 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.

IF THE SECOND AMENDMENT FALLS, THE NATION FALLS, AND NEW YORK IS DOING ITS PART TO MAKE SURE THAT HAPPENS

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 NINETEEN

SUBPART ONE OF PART NINETEEN

A NATION ON THE PRECIPICE OF RUINATION

As one more year draws rapidly to a close in these first three decades of the 21^st Century, the United States stands precariously at the edge of an abyss.One Branch of the Federal Government, the U.S Supreme Court, at least, recognizes the danger, and has prevented the Country from falling over the precipice.After a century of sidestepping the issue, the U.S. Supreme Court established, in three precedential case law decisions, what had been visibly plain in the language of the Second Amendment itself all along, if one would only look.All three cases were handed down in the first three decades of the 21^st Century. They include:District of Columbia vs. Heller in 2008, McDonald vs. City of Chicago in 2010 and New York State Rifle & Pistol Association vs. Bruen in 2022.These three cases, together, stand for the following propositions, now black letter law:

• The right of armed self-defense is an individual right unconnected with one’s service in a militia
• The right of armed self-defense is a universal right, applicable to both the States and the Federal Government.
• The right of armed self-defense applies wherever a person is, inside the home or outside it.

These three legal axioms are, together, the singular Law of the Land. But for this Law, the Republic would have fallen into ruin, this Century.There would be nothing to rein in a rogue Congress, a rogue Biden Administration, or rogue jurisdictions like those around the Country: New York, Illinois, California, Washington State, Washington D.C., Oregon, Hawaii, and several others.The rot from those State jurisdictions and from the Federal Government would eventually infect many other States.Forces inside the Government and outside it, both here and abroad—wealthy and powerful, malevolent and malignant—machinate constantly to destroy the right to armed self-defense.These forces will not tolerate an armed citizenry.The existence of an armed citizenry contradicts their end goal of a neo-feudalistic world government. The armed citizenry precept deviates from their plan of world conquest.Their goal for the 21st Century is a return to the political, social, and economic feudalistic construct operating in the world of the 5th through 15th Centuries—the Middle Ages.These ruthless elements have declared——

• The United States can no longer continue as a free Constitutional Republic;
• The American people must be subjugated; and
• Any thought of an armed citizenry must be erased from the collective memory of the American people.

The ashes of a once powerful, respected, sovereign, independent United States are to be commingled with the ashes of other western nations.The EU and the British Commonwealth Nations are a step in the direction of that world empire.The neoliberal democratic world order is conceived as——

• One devoid of defined geographical borders,
• One absent national governments; and
• One bereft of any defining history, heritage, culture, ethos, or Judeo-Christian ethic by which the people of one nation may easily distinguish themselves from any other.

Will the U.S. fall victim to totalitarianism as have the nations of the EU and British Commonwealth; as have India and China; and as have most all countries in the Middle East? Let us hope not.The U.S. need not fall victim.The U.S. has something all other nations lack: a true Bill of Rights.Our Bill of Rights consists of a set of natural laws: fundamental, unalienable, unmodifiable, immutable, illimitable, and eternal.Within this Country’s Bill of Rights rests a Cardinal Truth. And, of this Truth——

• The Founders were aware of it.
• The Republic they founded is grounded on it.
• The strength and power of our Country and the staying power of our Constitution is a testament to it.

All Americans should imprint this Truth on their collective memory:“What isn’t created by man cannot lawfully be taken from man by other men, nor by any temporal artifice of man: Government, for the sanctity, inviolability of man’s Selfhood, his Soul, and his Spirit do not belong to the Government; they cannot be bestowed on man by Government; and they cannot be severed from man by Government.Government is a dangerous enterprise.Our Federal Government is no longer reliable. It has gone rogue. It has forgotten the people whose interests it was created to serve. It serves special interests that fill campaign coffers and it serves wealthy, powerful foreign agencies of whom the public has no inkling.

• With this Federal Government, the American people have got “a tiger by the tail.” It is difficult to hold onto, but one daren’t let it go, lest it bite the people. Best to destroy it if we can no longer hold onto it.
• That “Tiger,” our Federal Government, is a creation of the American people and exists only to serve the people—the true and sole sovereign over the Federal Government.
• The presence of an armed citizenry serves as both evidence of its sovereignty over the Government, and the mechanism by which it may lawfully constrain it contain it, or curtail it if the Government loses its way and turns against the people.
• The Right to Armed Self-Defense is Natural Law, a God-given right, bestowed on man by the Divine Creator.
• Government cannot lawfully modify Natural Law, Ignore it, Rescind it, or formally Repeal it.
• Since armed self-defense is a Natural Law Right, the U.S. Supreme Court—in Heller, McDonald, and Bruen—didn’t make new law. The rulings of the three seminal High Court cases simply make explicit what is tacit in the language of the Second Amendment.

Unfortunately, many jurisdictions have failed to recognize, or otherwise have failed to acknowledge and accept, the strictures of the Second Amendment.That necessitated the intervention of the High Court. In one Second Amendment case after another—from Heller to McDonald, and then to Bruen—the Court has ordered States to uphold the strictures of the Second Amendment. Yet, many refuse to do so.Indeed, many jurisdictions reject Heller, McDonald, and Bruen outright. But no jurisdiction does so more emphatically, and contemptuously, and openly, than New York. We turn to a look at the status of recent litigation in New York.__________________________________

SUBPART TWO OF PART NINETEEN

SUB-SUBPART A

NEW YORK’S GUN LAW: STATUS OF THE ANTONYUK CASE GOING FORWARD*

The New York Government, under Governor Kathy Hochul and the Democrat Party-led Legislature in Albany, have declared outright war on the precepts of Individuality upon which the U.S. Constitution rests.Hochul’s Government crafted a comprehensive set of amendments to New York’s Gun Law, the Sullivan Act.These amendments specifically and negatively affect N.Y. Penal Law § 400.00(2)(f). That’s the concealed handgun carry license section of the State’s Sullivan Act.The amendments are referred to collectively as the “CCIA.” Hochul signed the amendments into law on July 1, 2022. This was scarcely a week after the High Court published the Bruen decision, on June 23, 2022.A flurry of lawsuits followed. Plaintiff gun owners filed the first one, Antonyuk vs. Bruen (Antonyuk I), on July 11.The U.S. District Court for the Northern District of New York dismissed that case without prejudice on August 23.The Court ruled one of the Plaintiffs, Gun Owners of America and its affiliates, lacked standing to sue.Ivan Antonyuk, the captioned Plaintiff individual of Antonyuk I, refiled his lawsuit against Defendant Kevin Bruen, Superintendent of State Police, on September 20. Five additional Party Plaintiffs, all individuals, joined him in the lawsuit. The Plaintiffs added eight additional Defendants. Governor Kathy Hochul was one of those Defendants. The Defendants were all State, County, or City Government Officials. All of them were sued in their official capacities. The New York Courts refer to this second case as Antonyuk II. The case was formally recaptioned, Antonyuk vs. Hochul. On September 22, the Plaintiffs filed their Emergency Motion for a Temporary Restraining Order, and on September 28, they added a Motion for Preliminary Injunction (“PI”).The Oral Hearing was held on September 29.On October 6, the U.S. District Court issued its order, granting the TRO in part, and denying it in part.One month later, on November 7, the District Court ruled on the Plaintiffs’ Preliminary Injunction, granting it in part, and denying it in part.The Court also dismissed out Governor Hochul as a Party Defendant, ruling that, “Plaintiffs have not alleged or shown how Defendant Hochul could be properly found to have the specific legal duty to enforce the CCIA.”In addition, Steven Nigrelli was named the new Superintendent of the State Police, replacing Kevin Bruen, as Party Defendant.With both Hochul and Bruen out of the picture, the case, Antonyuk II, was recaptioned, Antonyuk vs. Nigrelli. With the granting of the Preliminary Injunction, the TRO was mooted, and the Parties jointly agreed to dismiss the TRO.On November 8, 2022, the New York Gubernatorial race was held. On that same date, the Government appealed, to the Second Circuit, the District Court’s granting of the PI in Antonyuk II.On November 15, 2022, the Second Circuit issued a terse stay of the PI, pending its ruling on the Government’s Motion requesting relief from the District Court’s granting of the PI.The Second Circuit November 15 Order reads:“Defendants-Appellants, seek a stay pending appeal, and an emergency interim stay, of the Preliminary Injunction issued by the District Court on November 7, 2022.It is hereby ordered that a temporary stay is granted, pending the panel’s consideration of the motion.”The Second Circuit obliged the Government, overturning the U.S. District Court’s grant of the PI stay.This means Hochul’s Government can enforce the CCIA during the Second Circuit’s review of the PI.Time is therefore on the side of the Government.Hochul Government now has what it wants—the ability to enforce the CCIA against New York’s Gun Law during the Second Circuit’s review of the PI.Plaintiffs and all other holders of valid concealed handgun carry licenses as well as those who wish to obtain a New York concealed handgun carry license must now contend with the CCIA.Present holders of a valid New York concealed handgun carry license like the Plaintiffs in Antonyuk II, are particularly negatively affected by this Order.Plaintiffs understandably were not happy about the Second Circuit’s November 15 Order, lifting the stay of the CCIA imposed by the U.S. District Court for the Northern District of New York.So, four days after the issuance of the Second Circuit’s November 15 Order, the Plaintiffs, on November 19,  filed their response to the Government’s stay of the PI pending the Circuit Court’s review of it.The Plaintiffs took the Government to task, stating,“In their Motion, Appellants generally malign the district court’s preliminary injunction, but fail to note that the CCIA is no ordinary law–breathtaking in both its scope and its blatant unconstitutionality. The district court was correct to enjoin enforcement of many of the CCIA’s patently unconstitutional provisions, and this Court should (i) decline Appellants’ invitation to be the first circuit court to bless a statute specifically enacted to defy Bruen, (ii) vacate its improvidently granted administrative stay, and (iii) deny Appellants’ Motion.”Whether to enforce the operation of the CCIA during litigation or stay its enforcement turns on a four-factor test created by the Second Circuit. The Plaintiffs addressed the four-factor test in their Opposition to the Government’s Motion, stating— “The relevant factors to be considered are ‘[i] the applicant’s strong showing that [they are] likely to succeed on the merits, [ii] irreparable injury to the applicant in the absence of a stay, [iii] substantial injury to the nonmoving party if a stay is issued, and [iv] the public interest.’ A stay ‘is not a matter of right, even if irreparable injury might otherwise result;’ rather ‘it is an exercise of judicial discretion, and [t]he party requesting a stay bears the burden of showing that the circumstances justify an exercise of that discretion.” Finally, where (as here) an applicant is ‘totally lacking’ a strong showing of likelihood of success, ‘the aggregate assessment of the factors bearing on issuance of a stay pending appeal cannot possibly support a stay.’ Appellants fail all four factors. . . . The district court’s order will cause no harm to Appellants, as many of the CCIA’s provisions – which have been in effect barely over two months – are entirely novel in New York law, as well as lacking any historical analogue. . . . The sky did not fall prior to the CCIA’s enactment, and the sky is not falling now. Rather, the PI merely returns the state of the law to what it was just over two months ago.”Responding to the Plaintiffs’ Opposition to the stay of enforcement of the CCIA, the Second Circuit issued an amended Order on December 7, 2022.The new Order reads:“Appellants request a stay pending appeal of the district court's order dated November 7, 2022 (N.D.N.Y. 22-cv-986, doc. 78), enjoining Appellants from enforcing certain aspects of New York's Concealed Carry Improvement Act (‘CCIA’). Having weighed the applicable factors, see In re World Trade Ctr. Disaster Site Litig., 503 F.3d 167, 170 (2d Cir. 2007), we conclude that a stay pending appeal is warranted.  Accordingly, upon due consideration, it is hereby Ordered that the motion for a stay pending appeal is Granted and the district court's Nove1nber 7 order is Stayed pending the resolution of this appeal. To the extent that the district court's order bars enforcement of the CCIA's provisions related to persons who have been tasked with the duty to keep the peace at places of worship, airports, and private buses, such categories are excepted from this order. Appellees' motion to expedite the resolution of the matter is Granted.”What this new Order means is this:The Second Circuit allows the Government to enforce the amendments to the State’s Gun Law during its review of the Preliminary Injunction, subject to a minor exception.The Second Circuit said the stay does not affect the “Sensitive Location” prohibitions to airports, places of worship, and private buses.This is hardly a concession to the Plaintiffs.Airports fall under the jurisdiction of the Federal Government, not the State.No civilian may carry a firearm in airports, anyway.And houses of worship and private buses are the only private entities, that the Second Circuit says can devise their own rules for the carrying of firearms.All other CCIA “Sensitive Location” provisions remain operative during the Second Circuit’s review of the PI.But the Second Circuit’s treatment of the “four-factor test,” in the recent Order is both curious and disturbing. Recall the lower District Court had meticulously applied the Four-Factor test as it is required to do when first granting the Plaintiffs’ TRO, and subsequently granting the Plaintiffs’ PI. But why did the Second Circuit reject the findings of the District Court?In lifting the PI stay, the Second Circuit never explained its reasoning for doing so.The Court cites a case that is inapposite. And it is one that neither the Plaintiffs nor Defendants cite in any of their filings. The Court merely says it has weighed the factors and tacitly finds for the Government.This is all contrary to the findings and cogent reasoning of the lower District Court.It suggests the Court will overturn the PI, thus jeopardizing the attack on the constitutionality of the CCIA and further reducing the chance of eventually securing a Permanent Injunction against enforcement of the CCIA.This all suggests what New Yorkers have lost in failing to seat Zeldin in the Governor’s mansion.Had Lee Zeldin prevailed in the Gubernatorial race against Kathy Hochul, Plaintiffs and all other New York gun owners holding valid New York restricted or unrestricted handgun carry licenses would likely be in a different and better place.As Governor, Lee Zeldin could request the dismissal of Antonyuk. All other pending challenges to the CCIA would be mooted. The CCIA would have no effect.This would entail reverting to the originalN.Y. Penal Law § 400.00(2)(F). That would benefit those present holders of New York concealed handgun carry licenses who had complied with the “proper cause” requirement of the older Gun Law.Eventually, Zeldin, as New York Governor, could work with the State Legislature in Albany to rescind the entire licensing structure. Alas, that will never be. Four years of Hochul in Office will mean further restrictions on the Second Amendment, as the CCIA and other New York Gun laws clamp down ever tighter on a citizen’s exercise of his or her Second Amendment right to armed self-defense.________________________________

SUBPART TWO OF PART NINETEEN

SUB-SUBPART B

AN IN-DEPTH LOOK AT THE APPLICATION OF THE FOUR-FACTOR TEST IN ANTONYUK VS. NIGRELLI

A perusal of the Four-Factor test demonstrates why the lower U.S. District Court for the Northern District Court of New York was correct in granting the Plaintiffs’ PI, and why the U.S. Court of Appeals for the Second Circuit was wrong in staying the PI, during the Court’s resolution of it.

• The likelihood that Plaintiffs would prevail on the merits.

The District Court, in its opinions, both in Antonyuk I and Antonyuk II laid out a comprehensive argument supporting a finding that the CCIA is unconstitutional and that Plaintiffs would likely prevail in their suit on the merits against the Government.This first factor, therefore, works to the benefit of the Plaintiffs, supporting the granting of the PI.

• Irreparable injury to the Plaintiffs in absence of a stay of enforcement of the CCIA.

The District Court pointed out that, by carrying their handgun in public, the Plaintiffs would engage in behavior lawful under the original NY Gun Law but, under the “Sensitive Location” clause of the CCIA, now unlawful in many locations in New York.Thus, the CCIA operates perversely to restrict an already restrictive Gun Law the U.S. Supreme Court had ruled unconstitutional on the “proper cause” issue in Bruen. If current holders of a valid NY handgun carry license continue to carry under the CCIA, they will have committed a crime if they carry that handgun in a “Sensitive Location.”If arrested while carrying a handgun in public, in a “Sensitive Location,” they will lose their license to carry because the valid New York concealed handgun license they presently have is invalid if carrying a firearm in a “Sensitive Location.” The CCIA overrides the concealed handgun carry license in those locations.If arrested, the licensee will also be forced to surrender their handgun to the appropriate police authority, along with any other firearms they may have possession of in New York.Further, they will now have a criminal record on file, jeopardizing their acquisition of a license anew in New York. This will also jeopardize their ability to exercise their Second Amendment right in many other jurisdictions they may happen to work in or relocate to, thereafter.To avoid the possibility of arrest, these licensees must voluntarily relinquish carrying a handgun in public for self-defense. But doing so endangers their life, which was the reason these licensees applied for a concealed handgun carry license, in the first place.Remember, licensing officers had determined these license holders do face extraordinary risk, thus warranting issuance of a license under the original “proper cause” standard that the respective New York licensing authorities established, consistent with the original New York Gun Law.Plaintiffs are therefore in a bind. If they carry a handgun in a “Sensitive Location”, they risk arrest, loss of their license, loss of their handgun, and a criminal record to boot. If they do not carry a handgun for self-defense, they endanger their life.That is a  Hobson's choice; the idea that present holders of valid New York concealed handgun carry licenses have here; no acceptable choice, and evidence of irreparable harm to the Plaintiffs.To give Hochul’s blatant refusal to abide by the rulings of the U.S. Supreme Court in NYSRPA vs. Bruen a leg to stand on, she attempts to give the public a sense that she cares deeply about the safety concerns of New Yorkers; that her amendments to the State’s Gun Law are designed to effectuate that end. What she delivers to the public is nothing more than an elaborate promo, an infomercial proffered to sell a product. The product she is selling is simply a more tortuous, and torturous version of the Sullivan Act enacted over one hundred years ago. And, like all promos and infomercials, it is meant to make a profit off a person’s gullibility. In the instant case, the Sullivan Act, a noose around the necks of free citizens, squeezed ever tighter. The Sullivan Act endangers the life of New Yorkers under the guise of securing life. It is all charade and theater.This second factor, therefore, works to the Plaintiffs' advantage, supporting the PI.

• Substantial injury to the nonmoving party. 

This is the mirror image of the previous factor. This is where the Government, the “non-moving” party, must demonstrate that the New York public faces irreparable injury if the Government is enjoined from enforcing the CCIA and that the harm to the public outweighs the harm to the Plaintiffs.That is what the Government says. The assertion is patently ridiculous.If the public was under no grave threat before the enactment of the CCIA, with stringent restrictive gun measures already in place, then it follows logically the public cannot be under a graver threat of injury now if the Second Circuit affirms the stay of enforcement of the CCIA,  pending resolution of the PI. But that’s what the Government wants. It wants the Second Circuit to lift the stay of the PI. This means the Government wants the Second Circuit to deny giving effect to the PI during the Second Circuit's resolution of the merits of it, thereby authorizing the Hochul Government to enforce the CCIA.The New York Attorney General Letitia James, arguing the case for the Government, asserted, in the Government's Opposition to the PI, that “Exposing eighteen million New Yorkers to a heightened risk of gunfire severely outweighs any prejudice to plaintiffs here from a stay.”This is ludicrous. It is nothing more than a snapshot of the imbecilic remarks of Hochul delivered to “CBS This Morning” on Friday, June 24, 2022, one day after the U.S. Supreme Court issued its decision in NYSRPA vs. Bruen, setting up what would come shortly after; the awful amendments to New York's Gun Law. The Daily Caller recites Hochul's tirade against the High Court, in its article, titled, “NY Gov. Hochul Says Law-Abiding Gun Owners Make People Feel Very Unsafe”:“Democratic New York Gov. Kathy Hochul said Friday morning law abiding gun owners make people feel ‘unsafe’ just one day after the Supreme Court overturned a more than century old gun law.Speaking on CBS This Morning, Hochul said the right to carry outside the home makes individuals feel ‘unsafe’ and seemed to insinuate it should not be allowed.‘Everybody in America recognizes that there is a problem with gun violence and the people who cheer this, what they say, what they see is, ‘Look there is a problem with gun violence and I, as a law-abiding citizen, want to be able to hold a gun on my person so that I feel safer.’ What do you say to that individual?” the host asked Hochul.‘I say that makes everyone else feel very unsafe. We don’t know if you’re provoked, you know, you’re in a bar and someone looks at your girlfriend or your boyfriend the wrong way. There are so many triggers. If someone wants to have a legal gun, licensed protection in their home, that is their domain, they can do that, we’ve always allowed that, or for hunting and other purposes,’ Hochul said.’‘But to think someone would be able to do this on a subway, in a crowded, tense situation during rush hour? No, we have a right to protect our citizens, not take away your right to own, that’s fine, but where you take it and the ability to conceal it, that’s just going to make things so much more complicated for law enforcement and others.’”

CIVILIANS DO NOT CARRY HANDGUNS OPENLY IN NEW YORK. THERE IS NO “OPEN CARRY”

First, it bears mentioning, but, apparently, only to morons like Hochul, that a holder of concealed handgun carry license does not ever carry his or her handgun openly, in New York, for all the world to see. The Gun Law itself recites the lawful carrying of a handgun, “concealed,” i.e., not openly by those issued concealed handgun carry licenses.In fact, no one in New York is permitted to carry a handgun openly apart from uniformed New York police officers, or other uniformed personnel who fall under specific provisions of the State's Gun Law.How, then, can any law-abiding member of the public honestly feel a sense of foreboding that another law-abiding member of the public who happens to possess a concealed handgun carry license is someone to be feared? The only creature that could realistically understandably “feel unsafe” is a psychopathic criminal who would dare to threaten an innocent member of the public. More than a few criminals and lunatics have met their untimely demise by threatening harm to an undercover police officer or off-duty officer, or to a holder of a valid concealed handgun license. In fact, for a career criminal—who isn't otherwise a psychotic maniac who wouldn't care whether a target of his lunacy is armed or not, as his reasoning organ is shot—he would never know for certain who is lawfully carrying a handgun concealed and who is not, if many more members of the New York public were to begin carrying, concealed, a handgun, as is their natural law right. And, he would think twice before targeting, at random, an innocent victim who is merely going about his business. Hence, it is reasonable to infer that the garden variety criminal, who has some sense of self-preservation would be less inclined to take the chance to attack a member of the public who may very well be armed. This fact would result in a precipitous drop in violent crimes of opportunity.

“TRIGGERS” ANYONE?

Second, The notion that a person would go off half-cocked is a “Fever Dream” of the Anti-Second Amendment crowd. They would like to believe this myth. The Government thrusts all sorts of horrors on the public to rationalize ending the fundamental, unalienable right to armed self-defense. But their wax museum of horrors coming to life is just entertainment, nothing more. It isn't grounded in truth. It's merely a fabrication, it's propagandist; a fictional horror film designed like many such films, i.e., to create a jump scare. Only the gullible and ignorant Americans would fall for it. If New York holders of handgun carry licenses were such a threat to public safety and order, how is it that we never hear Governor Hochul talking about instances of criminal acts of violence committed by these licensees? She can’t talk about this because there is no instance of this that she can drum up.  All such talk of an armed New York citizenry posing a threat to the Government's notion of public safety and public order in their well-ordered society is sheer unadulterated speculation, bordering on delirium.

“IF SOMEONE WANTS TO HAVE A LEGAL GUN, LICENSED PROTECTION IN THEIR HOME, THAT IS THEIR DOMAIN, THEY CAN DO THAT, WE'VE ALWAYS ALLOWED THAT.” ISN'T HOCHUL NICE?

Third, Hochul says, the Government has always allowed someone “a legal gun in their home.” But wait a minute? Is keeping and bearing arms a Government bestowed privilege or a God-Given Right? And didn’t the U.S. Supreme Court rule that the right to armed self-defense extends beyond the domain of one’s house, consistent with the meaning of the fundamental, unalienable right to armed self-defense? Does New York law take precedence over the Second Amendment and the rulings of the U.S. Supreme Court? Hochul demonstrates incredible arrogance. How did she get elected to Office anyway?If New York holders of handgun carry licenses were such a threat to public safety and order, how is it that we never hear Governor Hochul talking about instances of criminal acts of violence committed by these licensees? She can’t talk about this because there is no instance of this that she can drum up.  All such talk of an armed New York citizenry posing a threat to their notion of public safety and public order in their well-ordered society is sheer unadulterated speculation, bordering on delirium. The “why” of the attack on the armed citizenry is as pressing as the “how”—the strategies devised and employed to undermine the right of the people to keep and bear arms. And it all goes back to Government's lust for “power” and “control” over the common people. And, the fear of the Tyrant is always that the common people will revolt against the Tyrant's Tyranny. The Neoliberal Globalists and their puppets in Government treat people like random bits of energy that require a firm hand lest common people get “out of hand.” The fear of the Tyrant is always the common people. Government exists primarily to control the populace. Our Federal Government, though, was constructed to serve the people. Everything in our Constitution points to that fact. The people are sovereign, not Government. But, like all Governments, our Federal Government has succumbed to tyranny. That tyranny is mirrored and multiplied in the Governments of many States. New York is one of those States. The “sticky wicket” for the Globalists is the Second Amendment to the U.S. Constitution. It serves, one, as evidence of the sovereignty of the American people over their Government, Federal, State, or local, and serves, two, as a mechanism to thwart the rise of tyranny. The Second Amendment, unlike the First, or any other Amendment in the Bill of Rights has a tenacity that, when unleashed, a ferocity, that scares the dickens of the proponents of a world empire and world domination. In this second half of the Biden Administration regime, we are seeing more and more emphasis placed on reining in the armed citizenry. And State Governments under Democrat Party leadership, such as that of New York, are fully on board with this. Expect to see more of this, much more, in the weeks and months ahead.

“A HEIGHTENED RISK OF GUNFIRE”?

“Exposing eighteen million New Yorkers to a heightened risk of gunfire severely outweighs any prejudice to plaintiffs here from a stay.” ~ Letitia JamesFourth, apropos of Letitia James' argument, on behalf of Defendant-Appellant New York Government officials, appealing the U.S. District Court's granting of Plaintiff-Appellees' Preliminary Injunction, where is this “heightened risk of gunfire” supposed to come from?The argument presented by Attorney General Letitia James and by Governor Kathy Hochul in support of the CCIA boils down to these two propositions:

• People are afraid of guns and of average law-abiding, rational, responsible gun owners who keep and bear them.
• Average law-abiding, rational, responsible gun owners pose an imminent threat to public safety and order.

The reader will note that nothing is said about career criminals, murderous gangbangers, and drug-addled lunatics who may happen to get hold of a firearm. The reason is that the Hochul Government, and other Governments like hers—reflecting the beliefs and aims of the present Federal Government, aren't concerned about the behavior of the dregs of society. Government is concerned only over the rational responsible American who will not suffer tyranny. And it is tyranny that these Governments, local, regional, State, and Federal are selling. Criminals and lunatics serve their end. The breakdown of law and order is what these Governments want so that they can institute their own brand of crime on a national/industrial scale. The aim is the destruction of the mind, the Soul, and the Spirit. The sanctity and inviolability of the individual were once important to our Nation, worth preserving, things to be cherished. And the idea was threaded through our Nation's Constitution, and, especially, through our Nation's Bill of rights. That once was so, but no longer. The Federal Government makes a mockery of our Country now and of our sacred precepts and principles. We see it in the weakening of our economy, and our military. We see it in incredible profligate spending at a time when we must hold onto the monetary reserves and ascertain that our Nation's monies are spent carefully and wisely for purposes that benefit our Nation and its people, and not squandered on foreign escapades or lavishly squandered on special interests that benefit the few, including foreign entities and individuals that hate us. We see the weakening of our Country in the Government's obsequious behavior toward China and Brussels. And, we see it in the debauched, and degenerate, and mentally unbalanced individuals placed in high Government Office. Most Americans are appalled at these spectacles. And Government knows this and worries about it. Government is afraid of Americans who keep and bear arms, who clutch them ever tighter, for many of us there are who see well enough the mindless absurdity of a rogue, and dangerous, and patently deranged Government that threatens to engulf the Nation and its citizenry in horrific destruction. And, so, Government turns on Americans; sets one American against the other so as to short-circuit organization against a Government that no longer serves the Nation's best interests and, in fact, no longer goes through the pretense of doing so.The Biden Administration and the Hochul Government don't talk of their own fear of the armed citizenry. Instead, they project that fear on the populace at large both as a defense mechanism and as a strategy to divert attention away from themselves rather than upon themselves, where attention should be directed. The idea is that eviscerating the fundamental right of the people to keep and bear arms is done, not as a contemptuous assault on natural law that they have no lawful right to attack, but ostensibly as an act of mercy on behalf of the people who, as they argue, would benefit from a purgation only possible through the confiscation of guns in the hands of tens of millions of Americans. The Tyrant says——People are afraid of guns and of average law-abiding, rational, responsible gun owners who keep and bear them.Concerning this proposition, propounded by Kathy Hochul, if many Americans should happen to fear guns and fear those who exercise their fundamental, unalienable right to armed self-defense—indeed, if any American should happen to register such fears—those fears aren't the product of something innate in a person, but, rather, are the result of an elaborate, concerted well-coordinated, and executed plan, at once deceitful and horrendous, to instill in the American citizen a phobic reaction to firearms and a phobic reaction to those Americans who choose to keep and bear them. The question of why such psychologically damaging programs would be initiated by and ceaselessly and vigorously propagated by the Government against the entire civilian population has nothing to do with a desire on the part of the Government to secure the life, health, safety, and well-being of Americans. Rather, it has everything to do with the carrying out of a secret plot focused on the demise of a free Constitutional Republic, the only one like it in existence; the dissolution of our Constitution; and the subjugation of our people to the dictates of a new order of reality: the rise of a neo-feudalistic global empire. AQ has written extensively on this. In fact, it is a theme that runs through the depth and breadth of our articles. Nothing else, to our knowledge, comes close to explaining well the dogged, and consistent, and insistent effort on the part of so many heterogenous agents and agencies both inside and outside this Country to destroy our Nation's Bill of Rights; to destroy our history, heritage, culture, our Nation's ethos, our Judeo-Christian ethic; and to launch a psychopathological reaction upon the citizenry the manner of which and the extent of which has no precedent in our Nation's history or, for that matter, in all of recorded history.The Hochul Government’s attack on the U.S. Supreme Court Bruen case is really a component part of a much larger mosaic, as evidenced by a concerted effort to undermine the Second Amendment.And so confident is Hochul in her own power, that she does this brazenly and contemptuously, attacking not just the Second Amendment but also the Justices of the Highest Court in the Land, whose sin, in her mind, is that they give a fundamental natural law right the respect it is due. Hochul intends to shred it and she is doing just that.Thus, it isn't that New Yorkers or any American has an innate fear of firearms or those who keep and bear them. It is that the Government in New York and the Governments of several other States, and the Federal Government under the Biden Administration, have induced fear where none before existed, all in support of aims that are antithetical to our most sacred precepts and values and antithetical to the common good.Thus, Americans aren't afraid of firearms or those who possess them, but Hochul and others, beholden to the same ruthless, Globalist, and Marxist interests, create the illusion that this IS something inherent in people. IT ISN'T. It is only something inserted into the unwary mind: a meme, a mental virus, damaging to the psyche no less than a physical viral pathogen is damaging to the body.The Tyrant also says——Average law-abiding, rational, responsible gun owners pose an imminent threat to public safety and order.Concerning this second proposition, propounded by Kathy Hochul, as manifest in her statements to the Press and in the Government's legal documents—that average law-abiding, rational, responsible gun owners pose an imminent threat to public safety and order—this is a naked assumption cast as a self-evident truth, presented in lieu of any supporting evidence, for the purpose, one, to buttress amendments to the State's Gun Law that are inherently unconstitutional as the District Court had made poignantly clear through cogent argument, both in Antonyuk I and in Antonyuk II, and, two, to urge the U.S. Court of Appeals for the Second Circuit to stay the lower Court's granting of Plaintiff-Appellees Motion for Preliminary Injunction against the enforcement of Hochul's CCIA.Meanwhile, the law-abiding New York taxpayer daily faces rampant violent crime because of the abject failure of the New York Justice system to deal effectively with criminals and raving lunatics that constantly prey on the public.And the police are contemporaneously prevented from engaging in effective policing activities that protect the community. In addition, the police are leaving New York in droves. Who will replace them?And, even if the Hochul Government provided the public with a modicum of community policing and a justice system that didn’t kowtow to lunatics and criminals, the fact remains that the New York police departments have no obligation to guarantee the life and safety of individual members of the public.The police never had that obligation. And the New York public is under a misconception to think otherwise. Yet, the Government continues to keep the public in the dark about this, never troubling itself to inform the public that self-defense against threats of violence rests on each member of the public, not on the State. See, e.g., the AQ article posted here, on this site, on November 21, 2019. See also AQ article posted on Ammoland Shooting Sports News on August 6, 2020.A well-trained, responsible, rational, law-abiding adult need not rely on the police, and cannot legally place that burden on the police. The responsibility for preserving one’s life and well-being rests solely on the individual.This was the salient point of Heller, McDonald, and Bruen. Armed self-defense is ultimately the responsibility and prerogative of the individual.The Hochul Government knows or should know that armed self-defense is the best defense against aggressive armed assault. The failure to acknowledge this or even attempt to proffer evidence to refute this is a fatal weakness in the Government’s argument against Plaintiff-Appellees PI.The Government simply erroneously assumes the well-armed citizen threatens the community.This is a central theme pervasive in the New York Government, and it is a thread woven into the very fabric of New York’s draconian gun measures that go back over one hundred years when the licensing of handguns was first enacted.Yet the Government takes this bald assumption as a self-evident truth. It isn’t. But it serves the narrative, and their end goal is to disarm the public.The Government’s remark begs the very question at issue:Does the rational, responsible, law-abiding citizen who wishes to exercise his natural law right of armed self-defense pose a risk to the public? There is something off in the sheer idea incessantly and vociferously proselytized to the public that the armed citizen poses a threat to public safety.This notion is contrary to fact. It is also contrary to the import of the Second Amendment:It is the natural law right of the American citizen to arm him or herself against assault by predatory man, predatory creature, and predatory Government.Heller, McDonald, and Bruen reiterate this point constantly:The individual has the right to armed self-defense. The corollary to that proposition is this: The armed citizen enhances public safety. This is the antithesis of the Hochul Government’s position that the armed citizen endangers public safety.In their response to the Government’s Motion for a stay of the Preliminary Injunction, pending appeal, the Plaintiffs said this apropos of public safety:“Even if Appellants had demonstrated some actual public safety benefit, it would come at the cost of disarmament of law-abiding gun owners, an unacceptably high cost, as “[t]he right to keep and bear arms . . . is not the only constitutional right that has controversial public safety implications.” McDonald v. Chicago, 561 U. S. 742, 783 (2010). Such enumerated rights cannot be balanced away by legislators, or judges, because “the Second Amendment is . . . the very product of an interest balancing by the people . . . it [] elevates above all other interests the right of law-abiding, responsible citizens to use arms in defense. . . .” D.C. v. Heller, 554 U.S. 570, 635 (2008).Nor can Appellants plausibly claim irreparable harm from temporarily halting enforcement of an unconstitutional law: ‘the public consequences in employing the extraordinary remedy of [injunctive relief]’ are not just the vindication of constitutional rights but also the prevention of their egregious curtailment. Indeed, it is always in the public interest to enjoin an unconstitutional law. The government has no ‘interest in the enforcement of an unconstitutional law.’”This third factor, harm to the non-moving party, does not outweigh the harm to the Plaintiffs. Thus, this third factor in support of the PI works to the Plaintiffs’ advantage.

• The Public Interest. The last factor a Court must consider in determining whether to issue a PI is whether the public is best served by its issuance.

The Plaintiff-Appellees assert: “The public interest is best served by ensuring the constitutional rights of persons within the United States are upheld.” We are dealing here after all with a natural law right.That the public is better served by curtailing a right the founders felt imperative to the Security of a free State and to ensure the sanctity and inviolability of one’s Selfhood, goes against the Judeo-Christian ethic upon which our free Constitutional Republic was founded, and without which a sovereign people and a free Constitutional Republic cannot continue to survive.The New York State Government’s philosophy of the relationship of Government to the people is a distortion of all this Country holds dear and holy.This fourth factor also works to the Plaintiff-Appellees' advantage, supporting maintaining the PI during the Second Circuit's resolution of the merits of it.

IN SUMMARY

The New York Government places itself above the sovereign authority of the American people.This notion unfortunately is reflected in several other jurisdictions across the Country, and it is also present in the thinking of the Biden Administration and in the thinking of Democrats in Congress and by more than a few Republicans.Let us hope and pray the United States Court of Appeals for the Second Circuit, ultimately, doesn’t betray the U.S. Constitution too.Unfortunately, the recent December 7, 2022, Second Circuit order doesn’t give New York gun owners much reason for hope, much less jubilation—nothing more, really, than a wing and a prayer of success.If such is the case, Antonyuk vs. Nigrelli is destined for resolution by the High Court.Justices Thomas and Alito would see that the case is heard, as the CCIA is a direct affront to the Second Amendment and to the rulings of Heller, McDonald, and Bruen.In the immortal words of that late, great comic, Arte Johnson (a.k.a. the “German Soldier” routine), the Antonyuk case, and a slew of other post-Bruen cases wending their way through the Courts in New York and elsewhere in the Country are becoming “Very Interesting.” _______________________________*For those readers interested, a comprehensive (complete) discussion of the history of the date of filings of Court documents in the second Antonyuk case, (Antonyuk II), as recited by Plaintiff-Appellees (holders of valid New York concealed handgun carry licenses) against Defendant-Appellants (New York Government officials) in Plaintiff-Appellees “Response In Opposition To Defendants-Appellants’ Motion For A Stay Pending Appeal And An Administrative Stay Pending Resolution Of The Motion,” filed on November 19, 2022, appears below:This case involves a challenge to New York’s most recent attempt to infringe the Second Amendment rights of its residents. In response to the U.S. Supreme Court’s recent vindication of the right to keep and bear arms in N.Y. State Rifle & Pistol Ass’n v. Bruen, 142 S. Ct. 2111 (2022), the state hastily enacted a poorly named and ineptly drafted statute called the “Concealed Carry Improvement Act” (“CCIA”). Rather than following Bruen and respecting the Second Amendment’s mandate, the CCIA defied the Supreme Court, making concealed carry of firearms far more restrictive, and the licensing process far more onerous, than before the Supreme Court’s decision. Plaintiffs-Appellees (“Appellees”) filed suit seeking to enjoin many of the CCIA’s patently unconstitutional provisions, seeking both a temporary restraining order and a preliminary injunction. Complaint for Declaratory and Injunctive Relief (“Complaint”), ECF #1 (Sept. 20, 2022); Plaintiffs’ Motion for a Temporary Restraining Order (“Motion for TRO”), ECF #6 (Sept. 22, 2022). After providing Defendants-Appellants (“Appellants”) the opportunity to submit briefing and to participate in oral argument, the district court issued a temporary restraining order enjoining certain parts of the CCIA, while allowing others to remain in effect, and granting Appellants’ request for a three-business-day stay to seek review by this Court. Response in Opposition to Plaintiffs’ Emergency Motion for Temporary Restraining Order, ECF #18 (Sept. 28, 2022); Transcript of Proceedings, ECF #23 (Sept. 29, 2022); Decision and Temporary Restraining Order (“TRO”), ECF #27 (Oct. 6, 2022). Appellants sought from this Court (1) a stay pending appeal of the district court’s decision, along with (2) what they styled an “emergency . . . interim . . . administrative stay” while the Court considered their motion. Docket No. 22-2379, Motion for a Stay, Doc. #16 at 1. On October 11, 2022, Appellees filed a Response explaining, inter alia, that appeal of a TRO is improper, and the district court’s forthcoming decision on Plaintiffs’ preliminary injunction would render the appeal moot. Opposition to Motion, Doc. #22. On October 12, 2022, Judge Lee granted Appellants’ request for “an interim stay of the Temporary Restraining Order pending decision by the motions panel.” Order, Doc. #39. The case continued in district court, with Appellants filing their Opposition to Plaintiffs’ Motion for a Preliminary Injunction on October 13, 2022. Response in Opposition, ECF #48. On October 22, 2022, Appellees filed their Reply. Reply to Response, ECF #69. On October 25, 2022, the district court heard oral argument on Appellees’ Motion. Transcript of Proceedings, ECF #72. On November 7, 2022, the district court issued a limited preliminary injunction (“PI”), supported by a 184-page opinion. Decision and Preliminary Injunction, ECF #78 (“Op.”). The district court’s opinion denied Appellants’ request for a three-day stay, and the PI took effect immediately. Their TRO appeal mooted, Appellants, with Appellees’ consent, withdrew that appeal on November 9, 2022. Stipulation of Voluntary Dismissal, Doc. #74 (Docket No. 22-2379). On November 8, 2022, Appellants appealed the district court’s grant of the PI, and on November 12, 2022, filed a similar motion in this Court, seeking a stay pending appeal and an “administrative stay” pending resolution of their Motion. Docket No. 22-2908, Motion to Stay (“Motion”), Doc. #18. Although having requested three days in which to seek a stay from this Court, Appellants waited five days to file this Motion. While the cover sheet (Form T-1080) describes Appellants’ filing as a “motion for emergency interim stay,” their motion is not captioned as an “Emergency Motion,” nor does it use the word “emergency” at all. Nor does it comply with this Court’s rule requiring that it “state the date by which the movant believes the court must act.” See L.R. 27.1(d)(2) and (4). Cf. Appellants’ filing in Docket No. 22-2379, Motion for a Stay, ECF #16, cover sheet (“request that an interim administrative stay be granted by the end of the day on Tuesday (10/11).”). Nor does Appellants’ motion provide any explanation of “the nature of the emergency and the harm that the movant will suffer if the motion is not granted” (L.R. 27.1(d)(3)), alleging only that the district court’s order “risks substantial harm.” Motion at 15. Cf. Docket 22-2379, Motion for a Stay at 2, 3, 20 (alleging “serious risk of irreparable harm,” “substantial risks to public safety,” and “imminent risk to public safety.”). Despite those deficiencies, a three-judge panel of this Court – without response from or notice to Appellees – granted a “temporary stay” on November 15, 2022. Doc. #32. Problematically, that Order provides Appellants broader relief than they sought, granting a “temporary stay … of the preliminary injunction issued by the district court.” Id. In contrast, Appellants’ Motion made clear that they are not seeking to stay every part of the district court’s injunction. See Motion at 13 n.5 (seeking a stay for churches “except as to persons who have been tasked with the duty to keep the peace,” “Appellants do not seek a stay as to airports” and “private buses.”) (emphasis added). This Court’s administrative stay was issued notwithstanding that undersigned counsel inquired on November 14, 2022 as to whether the Court would be treating Appellants’ Motion as an “emergency” motion, and notwithstanding the fact that there was no mention of any emergency in the body of Appellant’s actual Motion. Contrast treatment of this motion with the prior “emergency” request from Appellees (22-2379) where, within hours of filing, the Clerk’s office contacted undersigned counsel on a federal holiday (October 10, 2022) and requested that Appellees file a response by noon that next day (October 11, 2022), so the Court would have Appellees’ response prior to deciding the administrative stay. No such instruction was given to Appellees in this appeal, and undersigned’s voicemail was not returned. Rather than waiting to hear from Appellees, the Court sua sponte stayed injunctive relief even as to matters where no stay was requested. Moreover, in issuing this broad administrative stay, this Court altered the status quo in New York (see Motion at 14), allowing non-appealed provisions of the CCIA back into effect thereby causing the very harm of which Appellants complain. See id. at 2 (alleging “confusion . . . resulting from the frequent changes in the applicable provisions of law. . . .”). Appellees oppose both stays sought by Appellants (including the administrative stay already issued), and ask this Court to deny Appellants’ Motion in its entirety. In their Motion, Appellants generally malign the district court’s preliminary injunction, but fail to note that the CCIA is no ordinary law – breathtaking in both its scope and its blatant unconstitutionality. The district court was correct to enjoin enforcement of many of the CCIA’s patently unconstitutional provisions, and this Court should (i) decline Appellants’ invitation to be the first circuit court to bless a statute specifically enacted to defy Bruen, (ii) vacate its improvidently granted administrative stay, and (iii) deny Appellants’ Motion. ____________________________________Copyright © 2022 Roger J. Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.

A MARXIST COUNTER-REVOLUTION THREATENS THE AMERICAN REVOLUTION

THE INDEPENDENCE OF THE AMERICAN PEOPLE THREATENED ON INDEPENDENCE DAY

PART ONE

WHO SHALL SECURE THE RIGHT OF THE AMERICAN PEOPLE TO KEEP AND BEAR ARMS?

We begin with one simple basic, indisputable, but melancholy truth: No Branch of our Government cares deeply about preserving and strengthening the Second Amendment to the U.S. Constitution; neither Congress; nor the U.S. Supreme Court; nor, for that matter, the Chief Executive of our Nation, President Donald Trump.Sure, there are outliers in Congress and on the High Court who seek to preserve, protect, and strengthen the sacred right of the people to keep and bear arms, but they are few in number; pathetically few in number; and President Trump’s own stand on the Second Amendment has been lukewarm at best. Yes, the President claims to support the Second Amendment. Like all politicians, he knows how to pontificate, and he does so better than most. But what has he done to set his lofty, grandiose words to action? The only concrete Second Amendment action he has taken that we can recall was one decidedly against buttressing our sacred, inviolate right.Do you remember what President Trump did? He ordered the DOJ to revise the definition of ‘machine gun’ to include bump stocks in the legal definition. The resulting change distorts decades of industry and military usage and understanding of the expression, ‘machine gun.’ Regardless, Trump ordered the DOJ to follow through with this change. He did this ostensibly to placate those folks who don’t want the American citizenry to own and possess firearms at all; to mollify those maniacal ideologues who have a visceral abhorrence of firearms; who harbor ill will toward those who wish to exercise their God-given right to own and possess firearms; and who will not rest until they have: one, banned civilian ownership and possession of firearms; and two, have collected all firearms and ammunition from American civilian citizens; and three, have destroyed all civilian caches of firearms and ammunition, imprisoning those who they deem hoarders of firearms and ammunition; and, four, have erased the language of the Second Amendment from the U.S. Constitution and from all lexicons.The appetite of those Destroyers of our Nation who would crush the American people into submission will never be sated until all thought and action have been brought under complete control through massive indoctrination and confiscation of all firearms from the commonalty.In an Arbalest Quarrel article posted on December 31, 2018, we cited President Trump’s memorandum directed to the Attorney General, who, at the time, was the useless, milquetoast, Jeff Sessions. President Trump wrote, in part:“ ‘After the deadly mass murder in Las Vegas, Nevada, on October 1, 2017, I asked my Administration to fully review how the Bureau of Alcohol, Tobacco, Firearms and Explosives regulates bump fire stocks and similar devices. Although the Obama Administration repeatedly concluded that particular bump stock type devices were lawful to purchase and possess, I sought further clarification of the law restricting fully automatic machine guns. Accordingly, following established legal protocols, the Department of Justice started the process of promulgating a Federal regulation interpreting the definition of ‘machine gun’ under Federal law to clarify whether certain bump stock type devices should be illegal.’”And, what became of national concealed handgun carry reciprocity?On February 18, 2018, the Arbalest Quarrel wrote,“The ‘Concealed Carry Reciprocity Act of 2017’ (115 H.R. 38) amends the federal criminal code to allow a qualified individual to carry a concealed handgun into or possess a concealed handgun in another state that allows individuals to carry concealed firearms. Representative Richard Hudson (R-NC), introduced the bill on January 3, 2017. The bill passed the House by Roll Call Vote of 231-198, on December 6, 2017. It was sent to the Senate one day later, where it was read twice and then referred to the Senate Judiciary Committee. President Trump supports it. The NRA supports it. And rank and file law enforcement officers support it too. But there has been to date no further action on it. The bill sits in limbo. Its prospect of passage is, at present, low. Why is that?” Did Senate Majority Leader, Mitch McConnell, harbor doubts about a national concealed handgun carry reciprocity law? We know McConnell can get things done when he wants to. But apparently McConnell didn’t want this.Perhaps, the Senate Majority Leader was waiting for a signal from President Trump to proceed, grounded on Trump’s stated policy position on the Second Amendment. Do you remember what President Trump originally had told the American public about the fundamental right of self-defense, and, particularly, what the President had to say concerning his position on national concealed handgun carry?The Arbalest Quarrel remembers well what Trump said.In our December 31, 2018 post, we cited Trump’s imperious words that,“ ‘The right of self-defense doesn’t stop at the end of your driveway. That’s why I have a concealed carry permit and why tens of millions of Americans do too. That permit should be valid in all 50 states. A driver’s license works in every state, so it’s common sense that a concealed carry permit should work in every state. If we can do that for driving – which is a privilege, not a right – then, surely, we can do that for concealed carry, which is a right, not a privilege.’ ~ Donald J. Trump on the Right to Keep and Bear Arms”Sadly, these were just the pompous, pretentious, empty, disingenuous words of a politician. In that same Arbalest Quarrel post, we cited to an article appearing in the Washington Examiner that reported: “ ‘President Trump told Republicans on Wednesday they should not include a measure that allows people with concealed carry permits in one state to carry across state lines in a comprehensive gun bill.‘ ‘I think that maybe that bill will one day pass, but it should pass separate,’ Trump said during a bipartisan meeting at the White House. ‘If you’re going to put concealed carry between states into this bill, we’re talking about a whole new ball game. I’m with you, but let it be a separate bill.’ ’” The President weaseled, giving, at best, only lukewarm support for national concealed handgun carry reciprocity legislation.Mitch McConnell likely interpreted Trump’s words to mean the President wasn’t behind national concealed handgun carry legislation, and, so, McConnell wouldn’t support this measure either. McConnell thereupon allowed the bill to die in Committee; And die it did, and that is the last anyone has seen of national concealed handgun carry reciprocity up to this very moment in time.What does this tell you? A Republican U.S. President and a Republican Senate—with both House and Senate in Republican Party majorities at that time—cared little, if at all, about preserving and strengthening the fundamental right of the people to keep and bear arms.Recall that in the 2018 Midterm elections the Radical Left Democrats took control of the House. National concealed handgun carry legislation became a dead letter and will remain so. Republicans had their chance and squandered it. Obviously they do not hold the fundamental right of the people to keep and bear arms in high regard.And the failure of the U.S. Supreme Court to defend its own Heller and McDonald case precedents demonstrates that, apart from a few Justices, the High Court has little or no desire to preserve and protect the Second Amendment to the U.S. Constitution.In the upcoming General Election, the Radical Left Democrats intend to keep control of the House, gain control of the Senate—which will escalate New York Senator Chuck Schumer to the Senate Majority leader position—and regain the White House. If all this should transpire, the safety and well-being of the entire citizenry will be at substantial risk. The American public is getting a foretaste of this now as fanatical, rabid, dangerous Marxist and Anarchist protestors, rioters, arsonists, and looters run amok, given a free hand to destroy the very fabric of a free Constitutional Republic, and, in the process, jeopardizing the safety, security, and well-being of us all.What this means is that, despite a timorous, timid Republican-controlled Senate, and an irresolute President, this is the best we can hope for at the moment.Neither Senator Mitch McConnell nor President Trump will take affirmative steps to preserve and strengthen the right of the people to keep and bear arms. But, fortunately, they seem reluctant, at the moment at least, to take steps to severely weaken the Second Amendment.A neutral stance is the best we can expect from either of them. That will have to suffice given the appalling prospect for Americans if the Marxists prevail in the upcoming General election.

AS PUBLIC ORDER DEVOLVES INTO MASS DISORDER, EXPECT CALLS FOR TOTAL CIVILIAN DISARMAMENT

What does the present “summer of love,” as the Mayor of Seattle refers to the violence happening in Seattle and throughout the Country, portend? We are seeing it: a Marxist Counter-Revolution, long-simmering, now boiling over into a full-on Civil War.If ever the right of the people to keep and bear arms had critical import, it does so now; today, at this very moment. But the ruthless Globalist forces fomenting violence do not want to have to contend with an armed citizenry dead-set on preserving a Free Constitutional Republic.So, don’t be surprised to see a concerted attempt by Marxist State leaders calling for suspension of fundamental rights, especially the right embodied in the Second Amendment, in a Marxist led Government.We expect that Radical Left State and local Governments, sympathetic to the destruction of a free Republic, will call for a total ban on civilian ownership of firearms, citing a public emergency, as thousands of rioters, looters, arsonists, vandals, muggers, and murderers cause disruption across the Nation—destruction that these Marxist Governments not only allow to happen but actively encourage.So, then, the answer to the question posed at the beginning of the article, as set forth in the title of the article, is this:It falls to the American people, themselves, to secure their fundamental, unalienable, immutable, and illimitable right to keep and bear arms, thereby preserving and protecting the autonomy of the individual, and the integrity of selfhood, and maintaining the sovereignty of the American people over those serving in Government who would dare usurp power for themselves.The sanctity and inviolability of our Nation’s history and heritage are outrageously attacked from those within our midst. And all this occurs on the eve of our July 4, 1776, Independence Day Holiday. There is much irony in this._____________________________________________________

A NATION LOST: THE AMERICAN REVOLUTION OF THE 18^TH CENTURY DEVOLVES INTO A COUNTER MARXIST REVOLUTION OF THE 21^ST

PART TWO

The germination of a powerful Nation and a free Constitutional Republic took hold on July 4, 1776, with the signing of the Declaration of Independence. A tremendous conflict ensued for control of the American colonies.King George III of England was the visible face of the threat to a Nation yet to be. But the true power behind the throne of King George III was invisible. The true power rested with the secretive, powerful Rothschild clan that provided the financial resources for the English monarchy.In the clash that followed, King George III and the Rothschilds lost. It was a bitter loss. But King George III and the Rothschild international bankers lost much more than control over the colonies. They lost control over both the untapped mineral resources available to the colonies and the massive, fertile geographical region that extended from the Atlantic Ocean on the East Coast to the Pacific Ocean on the West Coast, and that extended northward to Canada and southward to the Gulf of Mexico; and they lost control over the colonies whom they sought to integrate into a unified Global empire. But now, that ambitious goal would lie, not dead, but dormant.King George III would rant, and rage, and fume and he would die and be forgotten. And the power of the English monarchy would wane, as would the might and power of the British empire.But the Rothschild clan would not die, and the Rothschilds could not be forgotten since few ever knew they existed—a hidden den of vipers at the center of every European Country. And, through the centuries they would amass ever greater power, draining the wealth of European Nations for themselves. But the loss of the American colonies would never be far from their mind. And, they machinated and plotted and waited, seeking an opportune time to have their revenge.The American Revolutionary War ended in 1783. The United States became viable, taking its first breath with ratification of the U.S. Constitution in 1789. And, at that moment, the United States of American became an independent, sovereign nation and a free Constitutional Republic. The ratification of the Bill of Rights followed in 1791.Ratification of the Bill of Rights not only confirmed the inherent power of the American people over the three Branch Federal Government system the founders created, but cemented the Sovereignty of the American people over that Federal Government.It was understood among the founders that the government they sought to construct would be one of limited powers, operating only by the grace and consent of the American people, as all other powers and authority, not exercised by a central “Federal” Government, would reside in the States and in the people.In the next 200 years the United States became a mighty Nation; the most powerful on Earth, made possible through the drive, ingenuity, and resourcefulness of the citizenry, and through the Nation’s access to abundant natural resources, waiting to be tapped.During the intervening years, decades and centuries, as the power of the United States would wax, the English monarchy would wane and the once-mighty British empire would diminish and wither.But unbeknownst to most populations comprising Western Civilization, the power of the satanic offspring of the Rothschilds would also wax; their power and wealth increasing exponentially through the vehicle of and their singular control over the central banking system, as conceived and implemented through their founder, Mayer Amschel Rothschild.The Rothschilds would extend their global financial reach throughout the world with one goal ever in mind: the creation of a one-world political, social, cultural, and financial system of governance over which they would reign supreme.And, as the age of monarchical empires came to an end, and as the age of independent nation-states is drawing to a close, the one-world Government scheme envisioned by the Rothschilds began to take shape; sharpening to crystal clarity through the creation of a new artificial construct: the European Union. The EU had its origins in 1945, at the conclusion of the Second World War, and would become concrete with the signing of the Maastricht Treaty, on November 1, 1993. And the commonalty of Europe had no idea that a noose was slowly tightening around their neck, through the secretive machinations of a few men, all of them controlled by the Rothschilds.The Rothschild clan intends to merge more and more nation-states into the EU, on the road to their creation of a one-world governmental construct.Had the colonies lost the American Revolution, America’s resources would now be a prized asset, bound up in the Rothschild portfolio; and the entire geographical region would be merged into the EU; and the American people would be subjugated. But that would be no easy task; after all, the Rothschild clan lost the American Revolution. Yet they never accepted that loss.They were patient; and, through the centuries, they engineered their plan to regain access to America’s resources, and to gain control over the apparatus of America’s Government, and to gain control over America’s institutions and people. But their plan for conquest would not involve an external military invasion. Not this time. It would be accomplished through stealth, subterfuge. An elaborate plan took shape but it would take a couple of centuries to execute. The Rothschilds, through their toadies, would insinuate themselves into every major organ and institution of our Nation.Yes, the Rothschilds had failed to destroy a budding nation, that, at the time of the American Revolution, existed only as a germinating seed, two-plus centuries ago, but the Rothschilds could still emerge victor, and have their revenge.The Rothschilds have waged a quiet, but no less tangible war to destroy the United States, from within. The Rothchild clan’s scheme was all going according to plan, but the election of Trump threw a temporary wrench into that complex scheme, as the Rothschilds did not expect Trump to defeat Hillary Clinton. Very few expected this. Trump might not be as amenable to their control as were the Bushes, and the Clintons, and Barack Obama.After two centuries, dealing with the festering loss of control over “the colonies,” these excruciatingly secretive, fantastically wealthy, extraordinarily powerful, and abjectly ruthless, wily, and cunning Rothschilds, along with their Generals, a cadre of Billionaire Neoliberal Globalist companions, were growing impatient, and angry. They had all demonstrated infinite patience, but their patience had worn thin. They would wait no longer. They have had enough from these unmanageable, intractable Americans.Recently they unleashed their agents: the dead souls and carrion beasts of the underworld to wreak havoc across our Nation—ravaging and pillaging and laying waste to our Land; destroying with complete abandon and with alarming speed our irreplaceable National treasures, the wondrous monuments to our glorious past; desirous even of destroying the icons of our Nation’s Christian heritage; threatening the lives of innocent Americans; erasing all traces and vestiges of our history and culture, anything and everything that might remind Americans of their ancestral past; of their founding fathers’ vision of a Nation as a free Constitutional Republic where the American people are sovereign. But those American people must now be corralled, brought to heel.With the U.S. economy sorely weakened by a Global Pandemic, courtesy of the Xi Jinping of China, it is no longer certain that Trump can secure a second Term in Office. But it was the killing of a black petty criminal by a white psychopathic police officer, caught on video, that could yet more assuredly turn the tide in the Rothschilds’ favor. That killing, caught on video, would be the pretext for fomenting violence across America, bringing the Nation literally to its knees.What would commence as a protest, predicated on the ridiculous charge of systemic police violence targeting blacks, metastasizing into an imbecilic claim of systemic race hatred existent throughout the Nation since the Nation’s inception, has devolved into an explicit call for a Marxist counter-revolution, the purpose of which is to destroy the very underpinnings of the United States as a free Constitutional Republic and independent Nation-State under the sovereign control of the American people, themselves.There is no getting around the danger facing our Nation today. Its very survival as a free Constitutional Republic is at stake.The smug insufferable Globalist Rothschilds—through their captains and lieutenants in Government, industry, media, and academia—are no longer even pretending to mask their intentions. They aim to annihilate every vestige of our free Republic, including the very memory of it: our historical record.Those doing the bidding of the Rothschilds, who have ingratiated themselves with the Rothschilds will be richly rewarded with money and power. But those Americans who have been duped into believing the need for radical change in our Country will learn too late, that they have bought more than mere “change” to this Country, in having acquiesced to the mob. They have ensured subjugation and penury for every American.And no one in Government is truly lifting a finger to stop this; not Republicans in Congress, nor the President. Are they resigned to the Nation’s dire fate? The response to the social and political crisis unfolding throughout our Nation has been limp, at best.Perhaps nothing can be done to stem the overthrow of a free Republic, because the Government, so riddled with saboteurs, is reduced to impotency. Our one and last fail-safe? The armed citizenry!­­­­­­­­­­­­­­­­­­_________________________________________________________

INDEPENDENCE DAY HERALDS IN A MARXIST COUNTER-REVOLUTION

PART THREE

With Independence Day only days away, this Country can hardly be in a celebratory spirit, as the very words, ‘nationalism’ and ‘patriotism’ are treated like obscenities.We witness two-legged predators laying waste the Land, destroying property, intimidating innocent Americans, causing bedlam and mayhem. The police, under fire, are ordered to stand down. Government cowers. Law and Order break down everywhere. The seditious Press and Radical Left members of Congress, along with Radical Left State Governors and City Mayors give their blessing to the perpetrators of this violence.In this topsy-turvy climate, we see New York Gov. Andrew Cuomo telling Americans that attacks on monuments are merely an example of “healthy expression.” Seattle Mayor Jenny Durkan blathers, “We could have the summer of love;” and Oakland Mayor Libby Schaaf bellows, the city will investigate “nooses found on trees” as hate crimes. Yet the police, having investigated Mayor Schaaf's ridiculous assertions found those “nooses” to be merely ropes placed on tree limbs by an individual, several months ago. That individual, a local Black man, no less, intended these ropes to be utilized merely “as exercise equipment,” as reported by PJ Media. One can only wonder whether this radical Marxist Mayor was relieved at this news, or annoyed by it. She should be ashamed. But, these Marxists never are ashamed or embarrassed by being found out and called out for making absurd and dangerous remarks, that serve only to provoke more violence and civil unrest. But, then, that is their aim, isn't it? They just go about making further outrageous remarks to foment yet more division and divisiveness among Americans, and audaciously, irresponsibly, and unconscionably blame President Trump for the injuries to innocent people and damage to property they, themselves, cause.What is manifesting before our very eyes cannot reasonably, rationally be deemed to amount to mere peaceable assembly protected under the First Amendment. It is anything but that; and it is at once disturbing and absurd to behold. Is the control of the Globalist Rothschilds over the machinery of our Federal, State, and local Governments that complete that they can orchestrate wholesale upheaval to our Nation?Americans are witnessing the methodical, inexorable overthrow of their Government in real-time. It is all by design and all orchestrated by the trillionaire Rothschild clan and its legions of toadies that have, through the decades, infiltrated our Government at every level; have infiltrated the academia; have infiltrated the corporate sphere, and have infiltrated the Press.Instead of stopping this outrage—stopping it fast, and stopping it hard—our Government sits idle, committing suicide. And the seditious Press, under the control of the Rothschilds through the clan’s captains and lieutenants actively, avidly encourages the overthrow of our Nation.Serious crimes against the Nation are occurring before our very eyes and the Government does nothing to bring these criminals to justice. The crimes occurring openly, contemptuously, defiantly against us, the American people, are numerous. And among those crimes, we see the most serious of felonies imaginable, yet committed with aplomb and abandon. They include——18 USCS § 2381 (Treason) Whoever, owing allegiance to the United States, levies war against them or adheres to their enemies, giving them aid and comfort within the United States or elsewhere, is guilty of treason and shall suffer death, or shall be imprisoned not less than five years and fined under this title but not less than $10,000; and shall be incapable of holding any office under the United States.Note: the crime of Treason appears prominently in Article 3, Section 3, Clause 1 of the U.S. Constitution, as well. The Founders viewed the crime—treachery to one’s Nation—as the most serious crime, and so, one crime, and the only crime, that is set forth expressly in the U.S. Constitution.18 USCS § 2384 (Seditious Conspiracy) “If two or more persons in any State or Territory, or in any place subject to the jurisdiction of the United States, conspire to overthrow, put down, or to destroy by force the Government of the United States, or to levy war against them, or to oppose by force the authority thereof, or by force to prevent, hinder, or delay the execution of any law of the United States, or by force to seize, take, or possess any property of the United States contrary to the authority thereof, they shall each be fined under this title or imprisoned not more than twenty years, or both.”18 USCS § 2383 (Rebellion or Insurrection) “Whoever incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or comfort thereto, shall be fined under this title or imprisoned not more than ten years, or both; and shall be incapable of holding any office under the United States.”

THE COLD AMERICAN CIVIL WAR BREWING SILENTLY IN THE 20^THCENTURY IS BURSTING INTO THE HOT CIVIL WAR OF THE 21^TH

The silent and secretive, malignant, and malevolent Destructors of our Country, the Rothschild family of international bankers Rothschild family still reside in the shadows but we see their agents all around us.These agents of destruction and terror include Marxist, Communist, Socialist, and Anarchist groups, most prominently of late: Black Lives Matter and Antifa, along with their sympathizers and various similar and affiliate organizations. These agents also include members of Congress and the people in State legislatures and State Governments. And they include employees of the federal Bureaucracy, the “Administrative Deep State;” along with legions of Radical Left individuals in the academia, and in the Press. And they include several Billionaire Chiefs of companies in the technology sector.We see the intelligence and internal police apparatuses’ M.O. in this, too, as the moles hidden within these organizations have employed tools and techniques to enlist tens of thousands of otherwise decent, but uninformed Americans, to join mindlessly in the destruction of their own Country, as a powerful nation cannot be undone without enlisting the aid or acquiescence of a majority of Americans.The Rothschild clan has built up its forces over time—a massive, intricate interweaving, interlocking network of governmental and multinational corporate groups, including media organizations and the academia. And the horrific colossus they have nourished is bearing its poisonous fruit, causing violence and fear across the Nation.National Guard forces are nowhere to be seen; and State and local police forces have been ordered by their Radical Left Governments to stand down or are being disbanded altogether.What more can occur before this Nation topples into ruin?We are awaiting an order from State and local officials that, for the sake of  “public order” and “ public safety,” it is necessary for those Americans who possess firearms, to surrender them to the local authorities.Expect to hear that order coming down sooner or later. As with Governmental orders pertaining to the Chinese Coronavirus Pandemic—a mere dress rehearsal—expect that this one, too, a far more audacious one will be attempted through executive fiat.After all, with criminals and terrorists running amok, and the police neutralized, the last thing any of these Marxists would want or need are armed citizens banding together to protect self and family; to bring some semblance of order back to American society.The Second Amendment remains the quintessential “fail-safe” to preserve a free Constitutional Republic from encroaching tyranny; and we may very well need to exercise it.The armed colonists, the Minutemen of the American Revolution, gave us our independence from tyranny. We, the Minutemen of the 21st Century, may well be called upon to gather our arms to preserve that independence.___________________________________________Copyright © 2020 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.

NEW YORK SANCTIONS MURDER THROUGH ENACTMENT OF REPRODUCTIVE HEALTH ACT OF 2019

Americans will remember Andrew Cuomo, the 56^th Governor of New York, long after he leaves Office and longer still, once he has departed from this Earth. They will remember Andrew Cuomo, but not in a good way. They will remember him for ramming through the State Government in Albany, two policy measures, both of which are antithetical to the core values, beliefs, and traditions of Americans, and both of which are inconsistent with the core tenets of the Bill of Rights of the United States Constitution.These two reprehensible policy measures go by the names: New York Safe Act and the Reproductive Health Act. Governor Cuomo has championed both these policies. With his political clout Cuomo forced both measures through the State Legislature, in Albany. Cuomo signed the former into law on February 15, 2013. He signed the latter into law, recently, on January 22, 2019.The descriptors employed for these two laws belie their purpose, as most laws do. Cuomo tells New York’s residents that the salient purpose and goal of the NY Safe Act is to promote and enhance public safety. But a perusal of the Act makes clear its true purpose and goal: disarming law-abiding members of the public.The NY Safe Act operates through a multitude of arcane laws that place extraordinary restrictions on firearms’ ownership and possession. A person has difficulty finding them all, as they are peppered throughout the New York State Code. Once found, their meaning is difficult to discern and fathom, even for lawyers, as the verbiage is ambiguous and vague. Whether due to unintentional poor draftsmanship or due to a deliberate attempt to obscure and confound, Cuomo and other antigun zealots do intend to frustrate the citizen, and, so, dissuade the citizen from obtaining and maintaining firearms within the jurisdiction of New York.Cuomo exclaims that he is more desirous of promoting, enhancing, and securing public safety and less intent on defeating the citizen’s exercise of a fundamental, enumerated, unalienable right. Hardly true, but, one thing is true enough. The NY Safe Act makes the public decidedly less, not more, safe, as it becomes an easy target for armed predators who demonstrate regard neither for law nor for the sanctity of human life. Thus, one is left to draw the inescapable conclusion that the NY Safe Act has, ultimately, nothing tangible to do with promoting, securing, and enhancing public safety and everything to do with undermining the ideals of individual responsibility, autonomy, and inviolability.It should come as no surprise then, that Andrew Cuomo would endorse a measure that amounts to legally sanctioned murder in the case of the State’s new “Reproductive Health Act,” for it is the individual—in this case the most innocent among us, the unborn child—whom the Reproductive Health Act targets. Murder, after all, may, in a figurative sense apply to an assault on society at large, writ large, but murder is a literal, life-ending assault on the integrity, and inviolability of the individual, as so defined with particularity in both Federal and State law.As with those who espouse the radical left-wing doctrines of Socialism and Communism, Cuomo is a ‘Collectivist.’ When Cuomo expresses concern for the health, well-being, safety, or welfare of the public, he uses the word, ‘public’ in a broad sense, consistent with the precepts of Collectivism. He refers to the body politic in its entirety; not to the individuals who comprise it.The ethical system Cuomo and other Collectivists embrace is called utilitarian consequentialism. This is an ethical system devoid of reference to or concern with a person’s intentions and motivations; only with the results of one’s actions. Motives and intentions fall out of the equation entirely. An action is deemed morally good or morally evil from the standpoint of consequences only. A morally good act is one that maximizes utility for the collective, the hive. A morally evil act or a morally neutral act is one that does not maximize utility for the collective.The notion of ‘utility maximization’ is nebulous. It means whatever the proponent of utilitarian consequentialism, says it means; nothing more. Utilitarian consequentialism an ethically bankrupt system as is ‘utility maximization, underlying it since, for the utilitarian consequentialist, good and evil are relative to times and circumstances. They aren’t, contrary to a person’s expectations. with the notion of fundamental rights and liberties, as relative concepts derived from and created by man, not by God.Not surprisingly, utilitarian consequentialists espouse no concern for the health, welfare, and well-being of the individual but only for that of an amorphous mass. Thus, Cuomo, the Collectivist and Utilitarian Consequentialist, does not express concern for the life, health, well-being and welfare of the individual souls of the body politic, but only concern for the well-being and welfare of the collective, “the hive.” Understandably, Andrew Cuomo would help draft the text of, avidly support enactment of, and sign into law such morally reprehensible schemes as the Reproductive Health Act and the New York Safe Act. Both these Acts have a decisive, negative impact on the life, health, safety, welfare, and well-being of each American citizen. Cuomo and others attempt to hide the awful impact of these schemes on Americans. They do this through carefully conceived and orchestrated campaigns of deception.Not unsurprisingly, the wording of New York’s Reproductive Health Act, as with the wording of the New York Safe Act, deliberately obscures and, in fact, belies its true purpose and effect. One sees the true import and purport of the Act only when one drills down into the language of it. Like the New York Safe Act, the Reproductive Health Act betrays the sanctity and inviolability of the life. It betrays the welfare and well-being of the American citizen. The New York Safe Act has nothing to do with promoting and enhancing safety. And the Reproductive Health Act has nothing to do with promoting health. It is a Death Act, not a Life and Health Act.Most Americans do not share Andrew Cuomo’s beliefs and wish neither to adopt nor suffer his political, social, and bankrupt moral belief system. But he thrusts his beliefs and belief system on others anyway. Since Cuomo wields considerable power and influence in New York and shows no reluctance in utilizing that power and outsize influence, those falling within the purview of his jurisdiction—namely the State of New York—are compelled to live in a reality, a hell-world, he has created for them. Few can object as Cuomo seeks to control public discourse, thought, and action; and, with the avid assistance of the mainstream media, he has become very successful at it.The qualities of compassion, restraint, humility, and respect for the beliefs of other Americans simply don’t exist in Andrew Cuomo’s psychological makeup. Cuomo, as with so many other Collectivists that comprise the Democratic Party, both on the State and Federal level, demonstrates callous disregard for the feelings and beliefs of others. Forcing his peculiar belief system onto millions of others, he does so with the conviction and certitude of a fanatic and sociopath, seemingly convinced of the infallibility of and superiority of his beliefs, and unmindful and, indeed, disdainful for the thoughts and feelings of others.As a private citizen of the United States, Cuomo may, of course, hold to and cultivate and express any belief or belief system he wishes. That’s his right--the right of free speech--as guaranteed in the First Amendment to the U.S. Constitution. That harms no one. But, as Governor of New York, one would hope the Governor would be circumspect. He isn't. As a Public Official, Cuomo thrusts his belief system onto others. He now harms everyone; and what he has ordained cannot and ought not be countenanced; and, indeed, ought to be roundly and soundly condemned.Through enactment of the NY Safe Act, Cuomo at once denied and denigrated a fundamental right, the right of the people to keep and bear arms—a right that is clearly, concisely, and categorically articulated in the Second Amendment to the U.S. Constitution. He did this because he utterly detests the Second Amendment and he finds the right of the people to keep and bear arms to be repugnant to his own peculiar sensibilities. Cuomo operates as if the Second Amendment did not exist. Similarly, through enactment of the Reproductive Health Act, he operates as if the unborn child is a non-entity and may therefore be erased from existence.

GOVERNOR CUOMO DEMONSTRATES NO RELUCTANCE IN DENYING, TO A CITIZEN OF THE UNITED STATES, THE FUNDAMENTAL RIGHT TO KEEP AND BEAR ARMS--A RIGHT CLEARLY CODIFIED IN THE BILL OF RIGHTS OF THE U.S. CONSTITUTION, YET HE DEMONSTRATES, AT ONE AND THE SAME TIME, A WILLINGNESS TO READ INTO THE BILL OF RIGHTS A FUNDAMENTAL RIGHT TO MURDER AN UNBORN CHILD, WHICH HE VIEWS AS INHERENT IN A CONSTITUTIONAL RIGHT TO PRIVACY EVEN THOUGH SUCH NOTION IS NEITHER EXPLICITLY STATED IN THE CONSTITUTION NOR IMPLIED.

Let us take a look at what the Reproductive Health Act, 2019 N.Y. SB 240, Chaptered, January 22, 2019, 2019 N.Y. ALS 1; 2019 N.Y. Laws 1; 2019 N.Y. Ch. 1; 2019 N.Y. SB 240, actually says. Section 1, titled, “Legislative Intent,” sets forth:“The legislature finds that comprehensive reproductive health care, including contraception and abortion, is a fundamental component of a woman’s health, privacy and equality. The New York Constitution and United States Constitution protect a woman’s fundamental right to access safe, legal abortion, courts have repeatedly reaffirmed this right and further emphasized that states may not place undue burdens on women seeking to access such right.Moreover, the legislature finds, as with other medical procedures, the safety of abortion is furthered by evidence-based practices developed and supported by medical professionals. Abortion is one of the safest medical procedures performed in the United States; the goal of medical regulation should be to improve the quality and availability of health care services.Furthermore, the legislature declares that it is the public policy of New York State that every individual possesses a fundamental right of privacy and equality with respect to their personal reproductive decisions and should be able to safely effectuate those decisions, including by seeking and obtaining abortion care, free from discrimination in the provision of health care.Therefore, it is the intent of the legislature to prevent the enforcement of laws or regulations that are not in furtherance of a legitimate state interest in protecting a woman’s health that burden abortion access.”As made abundantly clear, through this Section of the Act, titled, “Legislative Intent,” Cuomo dares to raise to the level of a fundamental right, something that is nowhere explicit or implied in the Bill of Rights, or, for that matter, anywhere else, in the Constitution. Yet, those members of the New York Legislature who enacted New York’s Reproductive Health Act, and Governor Andrew Cuomo, who signed the Reproductive Health Act into law, have the audacity to raise the killing of an unborn child to the level of a fundamental Constitutional Right. And, having done so, these people dare deny to the unborn child, the sanctity and autonomy, to which that living soul, as any other soul, is rightfully entitled: the right to exist as a living being, created by the Lord.Contrary to the wording of New York’s Reproductive Health Act, no person has a fundamental right to abortion. The Constitution of the United States does not sanction abortion, under any set of circumstances. But, with enactment of the Reproductive Health Act, an oxymoron, the State of York now sanctions murder, and has the audacity of raising murder to the level of a fundamental right.How does Cuomo and other proponents literally get away with murder? They do this by denying personhood to a living soul. And, how do they do that? They do that by declaring, in principal part, that the mother’s right to privacy, outweighs the life of the unborn child. But, where in the Constitution does this right of presumptive privacy for the mother over the life and well-being of the unborn child exist? The answer is: nowhere.Privacy is nowhere mentioned in any one of the Articles of the United States Constitution; and certainly not in the Bill of Rights of the Constitution subsequent amendment to the U.S Constitution. To be sure, the Fourth Amendment to the U.S. Constitution does indeed codify the fundamental right of the individual to be free from unreasonable searches and seizures. But, only through a feat of legerdemain can one claim that a general right of privacy exists within the definitive explicit right of the citizen to be free from unreasonable searches and seizures. The concept of “unreasonable searches and seizures” is precise. The concept of ‘privacy’ is abstract and vague. Certainly, no sane argument can be made that a right to deny life to an unborn child equates with a right to be free from unreasonable searches and seizures. The framers of the Constitution could not have feasibly, rationally have intended that. Obviously, they have not. Only a fevered mind would believe otherwise.Now, one may argue that a general right to privacy, apart from the fundamental, unalienable, enumerated right of each American to be free from unreasonable searches and seizures does, arguably, exist as an unenumerated right of the Ninth Amendment to the U.S. Constitution, but, again, no one can reasonably construe the idea of the assault on the life of an unborn child as something that is to be subsumed in or as something that can rationally be subsumed in a general notion of privacy, even if only as an unenumerated right in the Ninth Amendment. Further, although there have been attempts to interject privacy into the discussion of abortion, one cannot do so without dismissing out-of-hand the fact that abortion logically entails the killing of an unborn child.The New York abortion law dares raise abortion to the level of a substantive, fundamental right. It does so despite the absence of either a clear legal or moral foundation for it. And for those who assert with conviction a woman’s unalienable right to an abortion, they must contend with the necessary consequence of it: the death of the unborn child. They do not wish to contend with that fact. But, if pressed, supporters of abortion will simply assert that the unborn child isn’t a person. The unborn child is simply perceived as a nonentity. Advocates of abortion thereupon deny to the unborn child the most sacred right of all—that of life itself. The moral dubiousness of and indeed the outright absurdity of their position is, thus, laid bare.For those State Officials, who, like Cuomo, claim concern for human life—there is a curious and odd “consanguinity” in both the recent abortion Act, and in the New York Safe Act. Both acts proceed from the false assumption that what Government deems best for society, perceived in its entirety, must take precedence over the welfare of the individuals who comprise that society.Ostensible concern for public safety is the pretext for the New York Safe Act of 2013. But, as with all restrictive firearms’ measures, the NY Safe Act demonstrates a lack of concern for the health, safety, and well-being of the citizen. Thus, the proponents of restrictive gun laws, such as the NY Safe Act, claim to maximize benefit for society, but that presumed benefit to society comes at a cost: the concomitant loss of any benefit accruing to the individual.Similarly, the Reproductive Health Act of 2019 claims to extol the virtue of health, privacy, and equal protection to society comprising a class of women who seek abortion; but, in so doing, the proponents of the Reproductive Health Act demonstrate a lack of concern for the health, safety, and well-being of the most innocent beings. Thus, the proponents of abortion on demand, claim to maximize a benefit for society, but that presumed benefit to society comes at a most severe cost: the concomitant loss of the most critical need of all—life itself—as it is individuals who suffer the consequence of abortion as their life is snuffed out.

NEW YORK’S REPRODUCTIVE HEALTH ACT SANCTIONS MURDER

Under any objective appraisal, New York’s Reproductive Health Act is an abomination. It sanctions as permissible conduct, acts of unimaginable savagery that other States codify in their own laws as impermissible, reprehensible, heinous criminal conduct: namely, murder.How does New York’s Reproductive Health Act do this? The Act sanctions murder by amending New York law: by adding to and deleting various provisions of New York public health law, penal law, the criminal procedure law, and other laws related to and regarding abortion.A new section of the Public Health Law of New York, Section 2599-bb reads:"A health care practitioner licensed, certified, or authorized under title eight of the education law, acting within his or her lawful scope of practice, may perform an abortion, when according to the practitioner’s reasonable and good faith professional judgment based on the facts of the patient’s case: the patient is within twenty-four weeks from the commencement of pregnancy, or there is an absence of fetal viability, or the abortion is necessary to protect the patient’s life or health."Those who defend the Reproductive Health Act argue that the law, as written, only prohibits abortion up to the third trimester, and at no time thereafter, unless “there is an absence of fetal viability, or the abortion is necessary to protect the patient’s life or health.” A few points must be made to counter this unsound conclusion.First, by emphasizing prohibition of at will abortion after the third trimester, one loses sight of the fact that the Act does allow at will abortion during the first two trimesters, regardless of the viability of a child. Those favoring abortion point to the idea that the unborn child is not viable outside the womb before 20 weeks. Whether true or not that misses the point of the horror of abortion at all. It is simply a straw man argument in favor of abortion. If a child is healthy at any point during pregnancy, then the idea of viability inside or outside the womb should not be considered a rational factor in determining the legitimacy of abortion, whether during the first, second, or third trimester. In other words, abortion should not be countenanced at any point during pregnancy.Second, the New York Reproductive Health Act, as enacted, doesn’t limit the act of aborting a child to the services of a medical doctor. Virtually any individual who is licensed in New York, and “acting within his or her lawful scope of practice” may now lawfully perform an abortion in New York. The law broadly expands those who may conduct an abortion well beyond that of a medically trained and licensed physician certified in the field of obstetrics or gynecology. That should give anyone pause.Third, when analyzing the Act, one should pay attention to how the Reproductive Health Act changes New York’s Penal Code. The Penal Code has been extensively rewritten.Every Section of the Penal Code that refers to Abortion as a crime has been either deleted or repealed. Since abortion is no longer a crime, no one can, any longer, be charged with the crime for performing an abortion. Thus, even if one chooses to read Section 2599-bb very narrowly to proscribe abortions during the third trimester, in fact abortions are now perfectly legal in New York up to the point of birth of the child.Since criminal liability for abortion no longer exists in New York, no one can be held criminally liable for performing an abortion. This means that, in effect, anyone—literally anyone—can perform an abortion, contrary to the dictates of Section 2599-bb; and abortions can be lawfully performed up to and including the point where the mother is giving birth to a viable, perfectly formed, and healthy child.If there is any doubt about this, consider that New York’s County Coroners are now absolutely prohibited under the Reproductive Health Act from investigating abortion as a crime, in New York.“Section 11. Subdivision 1 of section of 673 of the county law, as added by chapter 545 of the laws of 1965, is amended to read as follows:A coroner or medical examiner has jurisdiction and authority to investigate the death of every person dying within his county, or whose body is found within the county, which is or appears to be:

• A violent death, whether by criminal violence, suicide or casualty;
• death caused by unlawful act or criminal neglect;
• death occurring in a suspicious, unusual or unexplained manner;

(d) A death caused by suspected criminal abortion;(e)A death while unattended by a physician, so far as can be discovered, or where no physician able to certify the cause of death as provided in the public health law and in form as prescribed by the commissioner of health can be found.”What does this Section of New York law mean? It means abortion—any abortion of a child—is perfectly legal in New York. It can be performed by anyone, and at any time.Where there is no liability for criminal conduct, there is, in effect, if not in fact, no crime. Abortion has literally been written out of the criminal code of New York.What is the bottom line here? Just this: In the absence of liability, one can reasonably conclude that:  Under New York’s Reproductive Health Act, abortion in New York is now permissible at any time, for any reason, performed by anyone. And, it gets even worse. Consider the following scenario: Suppose a woman, pregnant with child, has every intention of having a baby and that woman is assaulted by a criminal and, as a result of criminal assault, loses the baby. While the attacker can can be held criminally liable for harm to the mother, the attacker cannot now, unlike in the past, be held criminally liable for the death of the unborn child. The attacker cannot no longer be held liable for murder, for manslaughter, for criminal negligence—for anything related to the death of the unborn child.We can thus extrapolate from the law the following, where a pregnant woman is attacked an loses a child as a result of the attack:The loss of the child, as a result of an attack on the mother, may be construed as an unintended abortion. Since abortion is no longer a crime, the loss of the child from the abortion can no longer be deemed a crime. Cuomo himself makes the point by proclaiming that the mother cannot be held responsible for the loss of the child. But that misses the critical point. The question is not whether the mother can be held criminally liable for the loss of her child. Obviously, she cannot and ought not. Rather, the issue is whether the perpetrator of the violence on the mother can be held criminally liable for the harm done to the unborn child—i.e., the death of the child—caused by the perpetrator’s attack on the mother. He cannot!Since abortion is now ruled out as a homicide in New York in every instance, the child, as such, does not in law exist. One cannot be charged for a crime perpetrated on a non-entity. It is as if the mother were not pregnant at all. It simply no longer matters under New York law. It is not, then, merely that an unborn child is perceived as not worthy of life. It is as if the unborn child doesn’t exist; that the unborn child never existed. The child is not perceived as a person, but merely as an unwanted thing to be discarded.This is the new reality, the hellish cauldron of insanity and horror that Governor Andrew Cuomo’s Reproductive Health Act has thrown all New York residents into and which, like the reprehensible New York Safe Act, he would unleash on the entire Country if he were but given the chance.______________________________________________________Copyright © 2018 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.

MARJORY STONEMAN DOUGLAS HIGH SCHOOL’S SECURITY SYSTEM WAS INEFFECTIVE AND INADEQUATE, BUT WHAT DOES AN EFFECTIVE SCHOOL SECURITY LOOK LIKE?

PART TWO

A TIPPING POINT IS REACHED: SUBSEQUENT TO THE MASS SHOOTING INCIDENT AT MARJORY STONEMAN DOUGLAS HIGH SCHOOL, IN PARKLAND, FLORIDA, THE PUBLIC CLAMORS FOR AND DEMANDS ANSWERS, AN ACCOUNTING, AND A CALL FOR CORRECTIVE MEASURES ACROSS THE COUNTRY.

Parkland, Florida is a wealthy enclave abutting prominent Florida Cities—Coral Springs, Boca Raton, and Palm Beach. The public learned about Parkland after tragedy struck the City’s public high school: Marjory Stoneman Douglas. A deranged young man, 19-year old Nikolas Cruz, entered the School on February 14, 2018, armed with a semiautomatic rifle and several rounds of ammunition. During the ensuing shooting spree, Cruz murdered 17 people, including both students and teachers. He wounded several more students, many seriously.Why Nikolas Cruz went on a shooting rampage is open to speculation. How it is he succeeded in killing and injuring innocent people, isn’t. Unlike many schools across the Country, both public and private—including preschools, elementary schools, middle schools, and high schools, as well as colleges and universities—it is abundantly clear that one School, Marjory Stoneman Douglas, had woefully inadequate security. The lack of adequate security gave the killer an open invitation to visit harm on the School, and he took full advantage of security deficiencies to wreak havoc--with immediacy and ferocity--on innocent students and teachers alike.

THREE CRITICAL FAILURES LED TO HORRIFIC TRAGEDY

THE FIRST FAILURE

The Board of Education of Marjory Stoneman Douglas employed one Broward County Sheriff’s Deputy at the School, dubbed the “School Resource Officer.” Apparently, that was the only security provided. Once Nikolas Cruz began his rampage through the School, murdering both students and teachers, Deputy Sheriff Scott Peterson, hunkered down behind a barrier, outside the School, his handgun drawn. But, he never ventured inside the School to confront the shooter. A few more Broward County Sheriff’s Deputies arrived soon after. They, too, never ventured inside the School even though Peterson repeatedly said gunshots were coming from inside the School building.Once the Coral Springs Police SWAT team arrived, the members were aghast to find Broward County Sheriffs’ Deputies huddled together outside the School—none had entered the School, to stop the shooter. And where was he? Unlike many mass shooting incidents, the killer in the Parkland, Florida incident, Nikolas Cruz, obviously didn’t have a personal death wish even as he dealt death on others. He left the School Building, blending in with other students. He was later apprehended by an Officer from the Coconut Creek Police Department.

THE SECOND FAILURE

Both the Broward County Sheriff (‘BSO’) Scott Israel and the Miami Office of the FBI received a substantial number of tips, warning of the erratic behavior of Nikolas Cruz through the months, weeks, and even days leading up to the tragedy, but neither the FBI nor the Sheriff acted on the tips. In fact, the BSO Scott Israel received 45 tips involving the danger Nikolas Cruz posed to the community, but did nothing. Ever the politician, Scott Israel blames others under his command for his own failures to protect his community and not surprisingly has rebuffed calls for his resignation. The FBI doesn’t escape unscathed from the failure to act, either. The Miami Herald reports the FBI delivered an official apology. An official apology from the FBI may be extraordinary, but it hardly suffices and comes across as lame. Governor Rick Scott called for FBI Director Christopher Wray to step down. He won’t.

THE THIRD FAILURE

The High School did not inform the police about dangerous students. This undoubtedly speaks to President Barack Obama's legacy policy.The City Journal reports:“In an effort to combat the “school to prison pipeline,” schools across the country have come under pressure from the federal government and civil rights activists to reduce suspensions, expulsions, and in-school arrests. The unintended consequences of pressuring schools to produce ever-lower discipline statistics deserve much more examination.  Florida’s Broward County, home to Marjory Stoneman Douglas High, was among the leaders in this nationwide policy shift. According to Washington Post reporting, Broward County schools once recorded more in-school arrests than any other Florida district.”  President Trump and his Education Secretary, Betsy DeVos, must change a previous Administration's nonsensical policy.

WHAT IS BEING DONE TO ADDRESS WOEFULLY  INEFFECTIVE AND INADEQUATE SECURITY SYSTEMS IN MANY OF OUR NATION’S SCHOOLS?

In the aftermath of the Parkland, Florida tragedy, the Florida State Legislature drafted legislation in the hope of preventing future tragedies. The bill, titled the Marjory Stoneman Douglas Public Safety Act (2018 Bill Text FL S.B. 7026), was signed into law by Governor Rick Scott on Friday, March 9, 2018. Other States are in the process of drafting and enacting their own bills. In all instances, the question that must be asked is this: Does legislation to prevent future school tragedies truly address the issue of school safety or is school safety merely the pretext to further restrict legitimate firearms’ rights of the average, rational, law-abiding citizen? A quick look at the Florida Act leads one to conclude that at least a couple of features of the Act have nothing to do with School safety and everything to do with gun control.Evidence of the insertion of antigun agenda policies exists in the Florida Act: the imposition of a three-day waiting period between the date of purchase and receipt of any firearm; and age constraints as no person under the age of 21 may purchase any firearm. If legislation is truly designed to prevent future tragedy in schools, then legislation should be directed to and limited to that effort.

WHAT DOES A RESPONSIBLE, RESPONSIVE, CREDIBLE SECURITY SCHOOL PLAN CONSIST OF?

Two important points must be addressed before discussing corrective actions for Marjory Stoneman Douglas High School or for that matter, any other school in this Country. First, no security system, regardless of sophistication and refinement, is worth the cost of its design and implementation if those charged with its operation provide half-hearted efforts to see to it that the system functions at optimum efficiency, reliability, and effectiveness. Second, where systemic failures exist, lives will always be at risk.The School Resource Officer, Deputy Sheriff Scott Peterson, who did not confront the shooter, is a coward; no question about it; and the other Deputy Sheriffs who arrived soon after the shooting began, did not confront the shooter either. Their inaction or inappropriate action amounts to ineptitude and gross incompetence at least; and abject cowardice at worst. Our takeaway: even the inclusion of armed security personnel in the design of a security system—which ought to be considered a critical aspect of an effective security system—is of no value if security personnel lack both the requisite training and ability to counter a threat or, otherwise, are physically or psychologically unsuited to the task of confronting a deadly threat quickly, stalwartly, and forcefully.

WHAT SHOULD AN EFFECTIVE SCHOOL SECURITY SYSTEM CONSIST OF?

The expression, ‘hardening,’ of security defenses of a school often comes up in discussion. What does this mean? As we use the expression, it means that an effective security system—a truly effective security system—must be multilayered and multifaceted. Such a security system should consist of three primary layers or facets. The first layer consists of an array of “passive” technological and non-technological features, implemented throughout the school or incorporated into the structure of the school. See the Arbalest Quarrel article, Part One on School Safety. A second layer consists of both armed and unarmed personnel, monitoring and patrolling the school building and school grounds. A third layer requires involvement of students, faculty, and administrators and requires, too, the active involvement of the community at large. If erratic dangerous behavior is perceived in a student, that behavior should be reported to the appropriate senior school official or officials who must assess the level of risk and notify police officials if necessary or provide counseling for that individual. And, if, or when, an active threat occurs, students, teachers, school administrators, and security personnel must have a plan of action and must be prepared to execute that plan of action immediately.In our next article we will look at each of these facets of security in more depth._______________________________________________________

GET INVOLVED! CALL YOUR STATE OR LOCAL GOVERNMENT!

Find out what your State and local government officials have done to make all the schools in your community—preschool; elementary, middle and high schools; technical schools, and colleges and universities—safe.This, ultimately, is your responsibility. If your government officials have taken no action or minimal action or are reluctant to discuss the issue with you at all, then you must join with other members of your community to make sure your government officials are responsive to and do listen to your concerns and that they address the issue of school security. After all, these Government officials work for you. not for themselves, and they owe it to you to make sure that the life and well-being of your children are safe. There is no excuse for delay. Don’t wait for your child to become another statistic!________________________________________________________Copyright © 2018 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.