UNDER THE PRETEXT OF KEEPING THE RESIDENTS OF HER STATE SAFE, NEW YORK GOVERNOR KATHY HOCHUL DEFIES U.S. SUPREME COURT BRUEN RULINGS

MULTIPART SERIES ON POST-BRUEN CASE ANALYSIS

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

PART TWENTY-FIVE

THE TYRANT EVER DISTRUSTS THE ARMED CITIZEN

New York Governor Kathy Hochul and the Democrat Party-controlled Legislature in Albany designed amendments to the State Handgun Law to avoid compliance with the U.S. Supreme Court’s rulings in Bruen and thus avoid the categorical dictates of the Second Amendment of the Bill of Rights. There is no question about this, no tenable away around this. To believe otherwise is a delusion.Hochul makes the case herself. There are numerous accounts detailing this: Press accounts and Press Releases abound. Consider one example: In August 2023, Hochul said this, as presented on the Governor's website:“‘In response to the Supreme Court's decision to strike down New York's century-old concealed carry law, we took swift and thoughtful action to keep New Yorkers safe,’ . . . . ‘I refuse to surrender my right as Governor to protect New Yorkers from gun violence or any other form of harm. In New York State, we will continue leading the way forward and implementing common sense gun safety legislation.’”In other words, Governor Kathy Hochul, in her role as Tyrant Nanny of New York, keeping her wayward children, residents of New York, and citizens of the United States, safe and sound from all those dangerous, nasty firearms, will ignore the fundamental, unalienable right of the people to keep and bear arms, etched in stone in the Second Amendment of the Nation’s Bill of Rights, and will defy the Article III authority of the U.S. Supreme Court.Hochul had unconscionably harsh words for the High Court, calling the Bruen decision “reckless and reprehensible.” See the article in NCPR.One thing motivates Governor Hochul’s actions and others like her who have, through the passing years, decades, and centuries, enacted laws to cut the Bill of Rights to ribbons:INCOMPARABLE LUST FOR POWER, INORDINATE WEALTH, AND SELF-AGGRANDIZEMENT—ALL AT THE EXPENSE OF THE COMMON MAN. IT HAS ALWAYS BEEN SO.The history of civilization illustrates an unfathomable and unquenchable desire of sociopathic/psychopathic individuals to wield control over their respective tribe, nation, or empire, or other political, social, economic, and juridical structure.These ill-begotten men desire to thrust their will, their reality, onto everyone else.The Articles of the Constitution and the Bill of Rights of this Nation—of this Nation alone—were drafted with the aim to at least forestall, if not, prevent the perpetuation of this theme from happening here: the urge to dominate and rule.Of course, the presence of power-hungry misfits in the world is nothing new.Some who have succeeded in wielding control over the life, well-being, and happiness of the populace create the illusion they exercise power by virtue of Divine Right. Through time that odd idea becomes embedded in the public psyche. The public comes to accept this and accepts, too, that the rule over others by Divine Right is in the natural order of things, that it has always been thus.Rule by Divine Right—the wielding of near absolute power over others—is sometimes disguised.In our Nation, a free Constitutional Republic, the sociopaths, and psychopaths who lust for power, wealth, for personal aggrandizement and who have the wherewithal, knack, and tenacity to bend the mechanisms of power to their will, to their liking, must resort to deceptive messaging to woo the public, to lull them into dull complacency to accept the messaging conveyed to them by the deceivers and fabricators to mislead them into thinking that curtailment of their God-Given Rights is for their own good. But the truth is other than what is conveyed to the public.The Nation’s Bill of Rights is a check on the power of Tyrants. These Rights, especially the first two Rights are the final fail-safe to keep would-be Tyrants in check.The First Amendment codifies, inter alia, the right of Free Speech, i.e., the Right to Dissent; the Right to Personal Autonomy; the Right of the Individual TO BE and to Remain Individual, against public pressure, at the behest of the Tyrant to compel compliance to his edicts. Those edicts demand uniformity of thought, of conduct, of action. The idea is to force submission of one’s will to the will of the State, the Greater Society, the “Hive,” the Tyrant.The Right of the people to keep and bear arms is the vehicle through which the Individual prevents the Tyrant from forcing submission. This was meant to be so. Americans, millions of individuals, discrete souls, retain sovereignty over the Tyrant by force of arms and thus prevent usurpation of their will to that of the Tyrant.The Tyrant knows this. Many in our Country do not. They are denied THE TRUTH. Each American should know the TRUTH:The preservation of the right of the people to keep and bear arms, a right to be exercised by the common man, serves as a counterweight to the usurpation of the sovereign power of the people over the power of the Tyrant. The Tyrant seeks to restrict and constrict this right as the Tyrant cannot continue to wield power and cannot accrue more power at the expense of the people so long as they are armed. Thus——The common man cannot be controlled, corralled, nor subjugated so long as he bears arms. That he does so constitutes a threat to the Tyrant. The Tyrant knows this even if the polity does not, and the Tyrant utilizes the organs of a corrupt Press to prevent the people from recognizing the slow disintegration of their basic, core Rights, bestowed on them by the Divine Creator, and not by Government.Corruption of  Government proceeds from corruption existent in the Tyrant himself. Corruption of Government and concomitant corruption of every facet of society and of our institutions are recognized in decay, in the destabilization of society, and in the demoralization and degradation of the common man who resides within it. The physical manifestation of destruction is mirrored in the corrupt soul of the Tyrant. On a macro level, one sees this in the immolation of a once great Nation, and of its institutions, culture, ethos, and people.On the micro level one sees this corruption in the immolation of major cities and in the degradation of the lives of the people who reside in them, run by a host of petty tyrants.The salient purpose of armed Self-Defense is to prevent the onset of Tyranny of Government. If you, the reader, don’t see this, take a look at the Second Treatise of Government by the English Philosopher, John Locke. Our Constitution is constructed from the well-reasoned political philosophical remarks of John Locke.Do you need further proof: Take a look, once again, at the U.S. Supreme Court cases District of Columbia vs. Heller and McDonald vs. City of Chicago.The Tyrant knows that the exercise of the right to armed self-defense must be constrained else he cannot wield and maintain power and control over the commonalty, but he doesn’t say this. The Tyrant makes a different argument, directed to denizens of a free Republic.The argument against the exercise of the right to armed self-defense in this Country is that the Second Amendment is archaic and that the proliferation of guns in this Country causes “Gun Violence.”More recently, consistent with absurd political dogma, the Tyrant claims that the roots of the Second Amendment are racist. And a seditious Press echoes those sentiments.But then, ask yourself: Where is this disorder, this violence manifested? Is it in the actions of tens of millions of average, rational, responsible, American citizens—the commonalty that happens to possess firearms?When was the last time you heard that the common rational, responsible gun owner committed a crime through the use of a firearm or through the use of any other implement? When was the last you heard of an average gun owner who went on a shooting spree? How many of those occur in our Country anyway? How might they be prevented? Has not an armed citizen, in the midst of a “mass shooting, often prevented many deaths because he was able to stop the killer? If more people were armed, would they not be able to secure their life and that of others?Where does this so-called “Gun Violence” emanate and predominate?Is not the escalation of  “Criminal Violence” in the Country and especially in the major urban areas, the deliberate result of Government policy that allows the criminal element and the occasional lunatic to run amok?Why should curtailment of the basic natural law right to armed self-defense proceed from Government’s failure, oft deliberate, TO CONSTRAIN THE LOWEST COMMON DENOMINATOR of society: the foul, drug-addled lunatic; the monstrous, murderous gang member; and the opportunistic criminal—all of whom are devoid of empathy for the innocent person.Why should curtailment of a basic natural law right to armed self-defense proceed from instituting strict control over the natural law right of THE HIGHEST COMMON DENOMINATOR: tens of millions of average Americans?And, if those tens of millions of average Americans were to surrender their firearms to the Tyrant, how might that prevent the criminal and lunatic from engaging in less mayhem? Might not that encourage more illicit behavior and leave the common man absolutely defenseless, dependent completely on the goodwill of the Tyrant to dispel threat?But isn’t that really the point of disarming the citizenry: to leave the common man, the sole sovereign over Government, defenseless, powerless against the Tyrant, lest the common man rises up against the usurper?The New York Handgun Law and related laws as codified in the Consolidated Laws of New York, illustrate the Tyrant’s irrationality, arrogance, and lust for power over the citizens of the Country, residents of New York. But in the Gun Law and in other laws peppered throughout the breadth and depth of the Laws of New York, one sees, if one but reflects on those laws, a raw fear exposed. The Tyrant fears the common man.New York’s Handgun Law, the Sullivan Act, was enacted in 1911. It was predicated on fear of the common man—at the time, those were construed as new Italian immigrants to New York.The Sullivan Act was grounded on a lie at the outset: based on the idea that Italians were by nature, criminals, and their conduct in public had to be forcibly restrained lest they commit untold crimes throughout the State. This meant keeping firearms out of the hands of Italians. The form of the argument may have seemed valid to many. The premises were false, laughably so.The idea of converting a fundamental, unalienable right into a privilege is mystifying and disconcerting.Did the New York Government issue handgun licenses to Italians, recent naturalized citizens, residing in New York? One must wonder. If the idea behind the Sullivan Act, seemingly content neutral on its face, was to keep Italians from exercising their right, as citizens, to keep and bear arms, the law makes perfect sense.Yet the Sullivan Act came to be, and it survived, and thrived.The Sullivan Act requires all individuals who seek to carry a handgun in public to first obtain a handgun license from the Government to lawfully exercise their natural law right to armed self-defense.So then, the New York Government insists on inserting itself between the natural law right to armed self-defense, as codified in the Second Amendment, and one's exercise of that right, free of Government interference.The Handgun Law expanded exponentially to include further restraints, to encompass many more groups of people—the common man en masse—and to make the acquisition of a handgun carry license more expensive, time-consuming, and frustrating. That was the point.Many New Yorkers conceded defeat. They threw in the towel. They gave up the effort to obtain a license. The Handgun Law worked THAT well.Through time, the Handgun Licensing Statute became more elaborate. It developed into a cumbersome Handgun Licensing Regime. The challenges were many. But none succeeded in toppling the unconstitutional construct. And, then came the Heller case.The U.S. Supreme Court had for years stood idly by while State Government Tyrants and the Tyrant Federal Government road roughshod over the absolute right of the people to armed self-defense.In the 21^st Century, some Justices on the High Court had had enough. It was clear that Two Branches of the Federal Government, the Executive and the Legislative, and many State Governments, including the District of Columbia, were not going to adhere to the strictures of the Bill of Rights, especially the dictates of the Second Amendment to the Constitution.Associate Justices Scalia, Thomas, and Alito set matters aright.With the indomitability of Associate Justice Antonin Scalia, and assisted by two able Associate Justices, Clarence Thomas, and Samuel Alito, and, having convinced or perhaps cajoled the Chief Justice, John Roberts, and Associate Justice Anthony Kennedy to climb on board, the Court agree to review a case where the District of Columbia had enacted a law banning, outright, civilian citizen possession of handguns for self-defense, in the District.Since the District of Columbia law was predicated on the notion that the right to keep and bear arms was a collective right, not adhering to the individual, an erroneous notion, the Court Majority held clearly, concisely, and categorically that the right of the people to keep and bear arms is an individual right—one unconnected with association with a militia. And, having enunciated the clear, plain meaning of the natural law right codified in the Second Amendment, the High Court struck down the D.C. law.The anti-Second Amendment States were appalled and argued that Heller applied only to the Federal Government. That led to another challenge, this time from Plaintiff gun owners in Illinois, who argued that the right of the people to keep and bear arms applies with equal force to the States. The U.S. Supreme Court agreed. Justice Samuel Alito, who authored the Majority Opinion said, the right of the people to keep and bear arms applies with equal efficacy to the States through the application of the Fourteenth Amendment.Further challenges to States that refused to adhere to the rulings of Heller and McDonald went unreviewed by the Court, until a good ten years after McDonald.The High Court agreed to hear r a challenge to New York’s Handgun Law in New York State Rifle & Pistol Association, et.al. vs. The City Of New York, 140 U.S. S. Ct. 1525 (2020)—the first major assault on the Sullivan Act to be heard by the High Court. In that case, Petitioner holders of valid restrictive handgun premise licenses sought to be able to transport their handguns to target ranges outside the City. The Rules of the City of New York forbade that.the narrow issue in the City of New York case dealt with the Second Amendment rights of holders of highly restrictive New York premise licenses. Yet, the case implicated broad Second Amendment questions impacting Heller and McDonald.Hochul’s predecessor, Andrew Cuomo, feared a decision on the merits of that case would open up a serious challenge to the core and mainstay of the State’s Sullivan Act, pertaining to the carrying of handguns in public.He could not, must not, allow a decision on the merits that would render the Sullivan Act vulnerable to further challenges that might eventually lead to the decimation of Handgun Licensing in New York.The Cuomo Administration weathered the storm by amending the State’s Gun Law. Those amendments required the City of New York to amend its own Gun Rules, pertaining to the transportation of handguns outside the home, by holders of New York City handgun premise licenses.The amendments satisfied Chief Justice John Roberts and Associate Justice  Brett Kavanaugh. Those two votes, together with the votes of the liberal wing of the Court, sufficed to avoid the substantive merits of the case from review.With changes made to both the State Handgun Law and to New York City’s Handgun Licensing Regulations, the High Court dismissed the case, ruling the Plaintiffs’ claims moot.Associate Justice Alito thought otherwise. In his dissent, he argued there was no legal justification for a finding of mootness. Justice Alito laid out his arguments comprehensively and convincingly.Justice Kavanaugh without addressing the mootness matter, mentioned, in a separate Concurring Opinion,“I share Justice Alito’s concern that some federal and state courts may not be properly applying Heller and McDonald. The Court should address that issue soon, perhaps in one of the several Second Amendment cases with petitions for certiorari now pending before the Court.”Kavanaugh’s point came to fruition with Bruen, two years later, and in a major way, vexatious to the liberal wing of the Court, and likely so to the Chief Justice as well, and, no less so, the gravest fear of Governor Cuomo.But the conservative wing—now with Justice Amy Coney Barrett on the Bench—would no longer be constrained by foes of the Second Amendment who would erase the exercise of the right altogether if they had their way. Vindication of the Heller and McDonald rulings was at hand.The Hochul Government and Kathy Hochul, especially, weren’t pleased.If the City of New York case gave her predecessor, Governor Andrew Cuomo, a trifling headache, the Bruen case gave Hochul and Albany a full-on migraine.Bruen involved a challenge to the core of the State’s Handgun Law: the Constitutionality of predicating issuance of concealed handgun carry licenses on demonstration of “Proper Cause”/“Extraordinary Need.”Bruen struck down “Proper Cause.” And that required Hochul and the State Legislature in Albany to strike the phrase from the Handgun Law. There was no way around that.But Hochul and Albany had no intention of complying with a ruling that would tear the guts out of a handgun Law that existed for well over a century and that, through time, grew increasingly elaborate and more oppressive.So Governor Hochul and Albany brushed the rulings aside, concocting the Concealed Carry Improvement Act (CCIA) of 2022 that gives lip service to Bruen and is, at once, consistent with the State’s end goal to transform the State, eventually, into one massive “Gun Free Zone.” Likely Hochul and Albany were working on the CCIA once the oral argument had concluded on November 3, 2021, having anticipated the High Court intended to shred the core of the Sullivan Act.The Hochul Government was prepared. The High Court issued its decision on June 23, 2022. Ten days later the State Senate enacted the “CONCEALED HANDGUN CARRY IMPROVEMENT ACT” (CCIA). Hochul signed it into law on the same day, July 3, 2022.That word, ‘Improvement,’ as it appears in the title of the Act is incongruous, even incoherent. For what is it the Act improves? Certainly not the right of the American citizen, residing and/or working in New York, and the Act did not comply with the Bruen rulings.The CCIA was a cleverly, cunningly drawn evasion tactic that strengthened the Handgun Law, consistent with an age-old plan.This plan, this agenda, involved the methodical, evisceration of gun rights—a plan going back over a century ago. The Hochul Government did not design the CCIA to comply with the rulings, except on a superficial level. The Court did not like the words, “PROPER CAUSE,” so the Government would strike those words from the Sullivan Act.Since the Hochul Government still had to contend with the salient ruling that the right of the people to keep and bear arms for self-defense is not confined to one’s home but extends to the public arena, the State would slither around the ruling. That was the intent of the Hochul Government, and the CCIA well reflected that intention. They did that through the creation of a new construct: “SENSITIVE PLACE” restrictions, and through a bold reconfiguration of an old one, “GOOD MORAL CHARACTER.”Through the CCIA Hochul and her cohorts in Albany laid bare their objective: Erosion of the civilian citizen’s right to armed self-defense outside the home, notwithstanding the import of the Bruen decision: recognition of the right to armed self-defense outside the home, no less than inside it.The CCIA was to take effect on September 1, 2022. The Act's challengers wouldn’t wait for that to happen.The ink had not yet dried on the CCIA document Kathy Hochul signed when the Plaintiffs came forward to challenge the amendments to the Gun Law. There would be others—most of them in New York, but several across the Country as well, challenging similar Gun Laws, the language of which is contrary to the Bruen rulings.Several New York cases, including the main one, i.e., Antonyuk vs. Nigrelli, presently sit on review at the U.S. Court of Appeals for the Second Circuit.Fully briefed, the Court conducted oral hearings for each of them, on March 20, 2023. Expect final orders during the summer months.

“SENSITIVE PLACE” AND “GOOD MORAL CHARACTER”

As we stated supra, two provisions of the CCIA stand out as they serve as the basis of the State’s defiance of the Second Amendment and the Bruen rulings: “SENSITIVE PLACE” and “GOOD MORAL CHARACTER.”The “Sensitive Place” provision is new. There is no correlation with it in the prior version of the Law or in any previous version, hearkening back to the commencement of handgun licensing in 1911 with the enactment of the Sullivan Act. Much has been said about the “Sensitive Place” provision and challenges to the CCIA invariably point to it.The “Good Moral Character” requirement, on the other hand, is not new.Little is said about it in the prior version of the Handgun Law. And, apart from mentioning it in Bruen, the High Court had nothing to say about it.As applied to applications for restrictive handgun premise licenses—and a multi-tiered Handgun structure remains in the New York Gun Law—there is no change from the prior Law.However, as applied to applications for concealed handgun carry licenses, the State Legislature added substantial and significant provisions—a massive transformation from what had existed before.A major distinction between the two provisions, “Sensitive Place” and “Good Moral Character,” needs to be mentioned and discussed before we proceed to a comprehensive analysis of the latter provision.

THE NUANCES OF “SENSITIVE PLACE” RESTRICTIONS

“Sensitive Place” restrictions affect holders of State concealed handgun carry licenses only, not those holders of highly restrictive premise handgun licenses —a point seemingly trivial. It isn’t.A holder of a premise license cannot lawfully utilize a handgun for self-defense outside the home or place of business, notwithstanding instances of dire threats to life presenting themselves outside the home or one’s place of business.The lawful use of a handgun for self-defense begins and ends within the confines of the walls of the structure.As if to emphasize the point, the holder of a home or business license, who wishes to transport his handgun outside the home, lawfully, must keep the handgun in a handgun case, not in a holster on his person. Ammunition must be kept in the case as well and separate from the handgun itself.This means that, if the holder of a restricted premise license were confronted by a deadly threat while out in public, the handgun won’t be readily accessible. And that is the point. And that is concerning for two reasons.First, a handgun case is easily identifiable as such.If the licensee is in a subway, say, on the way to a New York City target range, a determined and highly aggressive thief can strongarm the case away from the owner.In that event, the owner must immediately notify the NYPD of the fact of the theft, and he will likely be required to surrender his premise handgun license during the investigation. If the police fail to recover the handgun, the owner will likely be denied issuance of a replacement license, which is a condition precedent to lawful receipt of a new handgun. And to add insult to injury, the owner will likely be blamed for the theft having occurred. The police report will indicate that the owner had lost possession of the case, suggesting that, if the owner had been deficient in protecting the property, and, perhaps, should haven’t taken the handgun outside the home or place of business in the first instance.Second, if the licensee were threatened with violence to self and were able to access the handgun and successfully avert a tragedy to self by incapacitating the aggressor by shooting him, the licensee would lose his license. There is no question about that.Worse, the licensee would be prosecuted for misuse of the handgun.Worst of all, the aggressor would likely be charged with criminal assault and wrongful possession of a handgun, for the premise license doesn’t lawfully allow the licensee to wield a handgun in public. As if to emphasize this point, Governor Hochul made patently clear that Bruen doesn’t authorize a person to carry a handgun in public for self-defense. In other words, New York remains a Handgun Licensing State Par Excellence among Anti-Second Amendment fanatics.Further, if the aggressor died of his wounds, the licensee would be indicted for manslaughter or murder. That outcome isn’t merely likely. It is certain and inevitable.Under New York Law self-defense may be a perfect defense to a charge of manslaughter or murder if one didn’t initiate the aggressive act, but “armed” self-defense isn’t if the person appealing to it happens to use a handgun in the absence of a valid State issued concealed handgun carry license.This is true even if the perpetrator himself is armed and threatens to kill the innocent person.The idea that an innocent person cannot defend him or herself but for use of a handgun and would suffer indictment for unlawful homicide notwithstanding, is ludicrous. But that is the nature of New York law.Isn’t that the tacit point of a fundamental right of the people to keep and bear arms? And isn’t that the central point of the Bruen rulings?Raw abhorrence of firearms precludes rational debate over the right to armed self-defense in the face of imminent violent assault against self.In fact, even if the licensee does hold a valid concealed handgun carry license, that may not protect him from a charge of manslaughter or murder. The best that can be said about this is that at least the licensee is alive when he would otherwise be dead. But the ramifications of armed self-defense reflect the sad truth about living and working in New York.The Hochul Government’s aversion toward firearms and civilian citizen gun ownership is so strong that the New York Government begrudges the issuance of handgun licenses at all.And it gets worse. Of late, even where a handgun isn’t employed in self-defense, any use of self-defense that results in harm or death to an assailant may still result in a felony indictment. Recall the recent incident involving a retired Marine whom Manhattan DA, Alvin Bragg, brought a charge of manslaughter against. See, e.g., the article in Reuters. Even as violent crime escalates around the Country, especially in the major cities run by Democrat-Party administrations, the right to self-defense, armed or not, is under assault.The irony of an increasingly dangerous society, a wary, tentative police force post-Floyd George, and the incessant Government attack on Americans who would logically wish to carry a handgun for self-defense—since it is the most effective means available to defend one’s life—is both a disheartening and disorienting fact of life for those living or working in New York and in similar jurisdictions across the Country. That is what they must contend with.As if reading the minds of New Yorkers, the Hochul Government issued a reminder (actually a warning) to all New York residents, on June 24, 2022, one day after the Bruen decision came out, that New Yorkers should take care not to carry a handgun in public without a valid concealed handgun carry license, that Bruen hasn’t changed anything.“Governor Kathy Hochul today issued a reminder to gun owners that the U.S. Supreme Court's Thursday decision to strike down New York's concealed carry law does not mean New York State's licensure processes and rules do not need to be followed. It does not automatically give current residential permit owners the ability to carry guns outside the home. Gun owners are required by law to follow current restrictions.” Hochul made these remarks on June 24, 2023, one day after the publication of the Bruen decision.Hochul would have known that most of the amendments to the Handgun Law were already drafted and coming down the pike, momentarily. That meant the nuances and peculiarities of multi-tier Gun licensing Statutes would remain.And that raises the question, post-Bruen: Why would a person seek to acquire a restricted New York handgun premise license in lieu of a concealed handgun carry license? After all, didn’t the elimination of the “Proper Cause”/“Extraordinary Need” requirement make the acquisition of a concealed handgun carry license easier? Not really.Sure, the Hochul Government struck “Proper Cause”/“Extraordinary Need” from the Sullivan Act. But she remains stubborn and undeterred.Hochul continues to place roadblocks in the path of those individuals who wish to exercise their natural law right to armed self-defense. A plethora of sensitive place restrictions on lawful carry and use of a handgun for self-defense now plague holders of concealed handgun carry licenses: both new applications and renewals.The inclusion of the “Sensitive Place” provision and the “Good Moral Character” requirement in the CCIA operate essentially as stand-ins for “Proper Cause.”If the Hochul Government must acknowledge the right to armed self-defense outside the home no less than inside it, then the New York Government will place a plethora of obstacles in the path of those whom the State issues licenses to carry.The holder of such a license now finds himself constrained in the act of lawful carrying of a handgun and, therefore, constrained from lawfully using a handgun for self-defense in places that heretofore had no such restrictions.New York State, and New York City, especially, has become a patchwork quilt of places where the carrying of a handgun for self-defense—and therefore the use of it for self-defense—is illegal, notwithstanding the issuance of a concealed handgun carry license.Pre-Bruen, the only place restrictions pertained to were school zones and Federal and State Government buildings. The licensee knew that and avoided carrying a handgun in those areas and buildings. Now, the holder of a valid concealed handgun carry license must play a child’s game of  “Hopscotch”—kept mentally off-balance not precisely aware whether he and his handgun and the concealed handgun license he carries, are situated in a prohibited “Sensitive Place.” Did he miss a marker? What if he has to walk through or drive through a designated “Sensitive Place” to arrive at his destination? Must he detour around the area?The concealed handgun carry licensee must also keep in mind that “Sensitive Locations” are subject to revision. New restricted areas may be listed, and he must keep assiduously abreast of all amendments to those“Sensitive Place” restrictions.So then, “full carry” UNRESTRICTED handgun licenses no longer exist in New York. Under the CCIA, such “full carry” licenses, are constrained by numerous rigidly enforced place restrictions—which the Government may add to at any time.New York UNRESTRICTED “FULL CARRY” CONCEALED HANDGUN LICENSES are for all intents and purposes now reduced to RESTRICTED “LIMITED CARRY” CONCEALED HANDGUN CARRY LICENSES, most notably, on Manhattan Island.

NUANCES OF THE “GOOD MORAL CHARACTER” REQUIREMENT

The “Good Moral Character” requirement operates differently from the State’s “Sensitive Place” provision.The idea behind amendments to “Good Moral Character” as applied to applications for New York concealed handgun carry licenses is to dissuade an applicant from going through the hurdles of obtaining one.That is a strong inducement for the applicant to forego attempting to acquire such a license, opting instead for a restrictive premise license. That is why the Hochul Government has maintained the confounding multi-tiered handgun licensing structure post-Bruen.While there would appear, at first glance, no rational reason for a person to opt for a HIGHLY RESTRICTED New York premise handgun license Post-Bruen, the Hochul Government there are more than enough hurdles in place, making the acquisition of a RESTRICTED concealed handgun carry license no assured proposition, and the detailed information the CCIA mandates might cause a conscientious person to wish to refrain from divulging substantial details of his private life to the Government. In that case, a person might wish to forego the intricate, confusing, and intrusive process to obtain a concealed carry license and accept, instead, a New York premise handgun license.

INDIVIDUALS PURSUING A NEW YORK CONCEALED HANDGUN CARRY LICENSE MUST BE WILLING TO WAIVE THEIR FUNDAMENTAL RIGHT OF PERSONAL AUTONOMY AND PRIVACY, ALLOWING THE NEW YORK GOVERNMENT TO INTRUDE MERCILESSLY INTO EVERY ASPECT OF THEIR LIFE

For the individual undeterred in his quest to acquire a concealed handgun carry license, he must willingly accept Government interference with his fundamental right to privacy and autonomy.Application of this bolstered “GOOD MORAL CHARACTER” provision has a chilling effect on the First Amendment Freedom of Speech clause and on tacit Freedom of Association, and on the Fourth Amendment right of a person to be free from unreasonable searches and seizures. An Applicant must now waive those rights if he wishes to pursue the acquisition of a concealed handgun carry license.“GOOD MORAL CHARACTER” also butts up against one’s right to due process and equal protection under the Fourteenth Amendment—the very reason the U.S. Supreme Court struck down the“PROPER CAUSE” requirement.As applied to applicants for either highly restricted or restrictive premise handgun licenses only, the 2023 version of New York’s Handgun Law does not change anything. The CCIA reads as the prior version of the Gun Law read:NY CLS Penal §400.00(1):“Eligibility. No license shall be issued or renewed pursuant to this section except by the licensing officer, and then only after investigation and finding that all statements in a proper application for a license are true. No license shall be issued or renewed except for an applicant (a) twenty-one years of age or older, provided, however, that where such applicant has been honorably discharged from the United States army, navy, marine corps, air force or coast guard, or the national guard of the state of New York, no such age restriction shall apply; (b) of good moral character, which, for the purposes of this article, shall mean having the essential character, temperament and judgement necessary to be entrusted with a weapon and to use it only in a manner that does not endanger oneself or others (c) who has not been convicted anywhere of a felony or a serious offense or who is not the subject of an outstanding warrant of arrest issued upon the alleged commission of a felony or serious offense; (d) who is not a fugitive from justice; (e) who is not an unlawful user of or addicted to any controlled substance as defined in section 21 U.S.C. 802; (f) who being an a noncitizen (i) is not illegally or unlawfully in the United States or (ii) has not been admitted to the United States under a nonimmigrant visa subject to the exception in 18 U.S.C. 922(y)(2); (g) who has not been discharged from the Armed Forces under dishonorable conditions; (h) who, having been a citizen of the United States, has not renounced his or her citizenship; (i) who has stated whether he or she has ever suffered any mental illness; (j) who has not been involuntarily committed to a facility under the jurisdiction of an office of the department of mental hygiene pursuant to article nine or fifteen of the mental hygiene law, article seven hundred thirty or section 330.20 of the criminal procedure law or substantially similar laws of any other state, section four hundred two or five hundred eight of the correction law, section 322.2 or 353.4 of the family court act, has not been civilly confined in a secure treatment facility pursuant to article ten of the mental hygiene law, or has not been the subject of a report made pursuant to section 9.46 of the mental hygiene law; (k) who has not had a license revoked or who is not under a suspension or ineligibility order issued pursuant to the provisions of section 530.14 of the criminal procedure law or section eight hundred forty-two-a of the family court act.”The above requirements apply to the issuance of all New York handgun licenses: the highly restrictive premise home or business license and the concealed handgun “full carry” license.Note that the requirements set forth in the aforesaid section of the Handgun Law mirror the requirements of Federal Law, 18 USCS § 922, but also, in some instances, as illustrated in the State law, go well beyond what counts as a disability under Federal law. But understand——

FEDERAL LAW DISQUALIFIERS FOR POSSESSING A FIREARM DO NOT INCLUDE A GOOD MORAL CHARACTER REQUIREMENT. NEW YORK LAW DOES.

The requirement is both inherently vague and markedly, nakedly subjective.How does a licensing officer determine an applicant has “the essential character, temperament, and judgment necessary to be entrusted with a weapon and to use it only in a manner that does not endanger oneself or others”? If the individual falls into a Federal disability—for example, the individual has been involuntarily committed to a mental asylum, has a felony conviction, or having served in the military, has received a dishonorable discharge—the licensing officer will point to the disability and likely add the applicant lacks the necessary character to be trusted with possession of a handgun or with the possession of any firearm. But then, a claim of lack of proper character and temperament adds nothing to a notice of denial to issue a handgun license. THE REQUIREMENT IS REDUNDANT.But, if the licensing officer does not specify a disability in the notice of denial apart from the assertion that, in the licensing officer’s opinion, the applicant lacks proper character and temperament, then, in the absence of a factual basis for such a finding, other than mere recitation of subjective, personal opinion, a Court of competent jurisdiction would likely find the decision to be arbitrary and capricious.But an applicant would have to go through the lengthy, arduous, and costly process of filing a New York “ARTICLE 78” action, challenging the licensing officer’s decision, to obtain relief from a Notice of Denial to Issue a License.That has always been a problem with the use of a Character requirement in the Handgun Law. But, prior to the enactment of the CCIA, the requirement never posed a viable problem.The licensing officer wouldn’t point to the absence of proper character and temperament EXCEPT if the denial were grounded on an objective disability. Recitation of the disability would suffice to deny the issuance of a handgun license. But, of itself, recitation of lack of proper character would not suffice to support a notice of denial to issue a handgun license. Lack of Good Moral Character was, heretofore, in New York, neither a necessary nor sufficient condition to obtaining a license.The Licensing Officer might append his Notice of Denial with a finding that the applicant lacks proper temperament and character, but its inclusion would not add anything portentous to the Notice of Denial.An Article 78 judicial action challenging the Notice of Denial would address the license officer’s litany of disabilities—discrete and specific matters. For, it would be on the basis of the disabilities that character objectively comes into play. Still, one might make the case that severe mental illness, severe enough to require institutionalization is not of itself demonstrative of “BAD MORAL CHARACTER,” any more than a person having a serious heart condition, or cancer, should be considered to have “BAD MORAL CHARACTER” due to illness.Where a person has committed a serious crime due to mental illness (for example, a person is found not guilty by reason of insanity), a case may or not be made out that such a person has “BAD MORAL CHARACTER.” It is a gray area. But, in any event, the New York licensing officer would refuse to issue a handgun license to that person. The issue of “GOOD” or “BAD” MORAL CHARACTER is really irrelevant in that case.Moreover, by itself, the issue of “CHARACTER” counts for nothing. And yet, for those individuals now applying for a concealed handgun carry license, this elusive and illusive provision becomes a new highly ramped-up basis to deny issuance of a handgun license. It is even more subjective, and just as arbitrary, as New York’s old “Proper Cause” requirement.Like the multi-tier structure of handgun licensing, the inclusion of a character requirement in the Handgun Law has itself developed into a complex multi-tier structure.The requirement for those applying for a concealed handgun carry license, the “GOOD MORAL CHARACTER” requirement established for application for a highly restricted handgun carry license is now merely the first step in a two-step process to demonstrate to the satisfaction of the licensing authority, that the applicant has the proper character to be issued a concealed handgun carry license.Post-CCIA, NY CLS Penal §400.00(1)(o):“for a license issued under paragraph (f) of subdivision two of this section the applicant shall meet in person with the licensing officer for an interview and shall, in addition to any other information or forms required by the license application submit to the licensing officer the following information: (i) names and contact information for the applicant’s current spouse, or domestic partner, any other adults residing in the applicant’s home, including any adult children of the applicant, and whether or not there are minors residing, full time or part time, in the applicant’s home; (ii) names and contact information of no less than four character references who can attest to the applicant’s good moral character and that such applicant has not engaged in any acts, or made any statements that suggest they are likely to engage in conduct that would result in harm to themselves or others; (iii) certification of completion of the training required in subdivision nineteen of this section; (iv) a list of former and current social media accounts of the applicant from the past three years to confirm the information regarding the applicants character and conduct as required in subparagraph (ii) of this paragraph; and (v) such other information required by the licensing officer that is reasonably necessary and related to the review of the licensing application.”It isn’t clear whether only one, or two, or all five requirements listed above all fall into the sphere of “Good Moral Character” and we must wend our way through the thicket to get a handle on this.To begin, it is odd to require more than one standard of proper character in the State’s Handgun Law.Logically, if a person cannot be deemed to have sufficient good character to possess a handgun at all, what does it mean and why should it matter to require more of one’s character to carry a handgun in public?Surely, if a “Character” requirement is going to be posited at all, then it follows that a person either has the proper character and temperament to possess a handgun or does not. This is not to suggest that a person should be required to demonstrate special Character traits. Indeed a person can have bad character, but, unless he is a blatant threat to others, a licensing authority should not wield one’s Character as a sword against him.The problem here rests with the Government licensing of handguns. The multi-tier handgun scheme that New York has constructed around which the Government creates ridiculous requirements to justify, or rationalize, the need for such a tiered structure, only makes the entire notion of “CHARACTER” more ridiculous. But, to employ a “CHARACTER” provision in a licensing scheme at all is just “nuts.”Government creates handgun licensing schemes and then interjects requirements that beg the question of whether Government should be in the game of licensing exercise of a fundamental right at all.Sure, a person requires a license to practice law or to practice medicine, but, while a person does enjoy a basic (we would argue an unenumerated Ninth Amendment) right to make a living, and, in fact, has a duty to provide for himself and for his family, so as not to be a burden on himself and on society, a person does not have a Constitutional right to practice law or medicine.And the professions, not the Government, regulate whether one has the proper character to practice law or medicine, anyway. If a professional Board sitting on review of a person’s character does not believe a candidate has the proper character, the Board will not allow a person to sit for the Bar Exam or, in the case of the medical profession, to sit for the Medical Licensing Examinations. These exams are necessary conditions precedent to acquire a State License to practice law or medicine.But the inclusion of a “Good Moral Character” requirement as a condition precedent to obtaining a license to exercise the fundamental right to armed self-defense is bizarre, and, in practice, application of the requirement adds nothing substantive, definitive, or even rational to the process. Application of the requirement merely reflects the personal bias of the licensing authority.And there never was anything substantive about it. It is just a makeweight, and wholly subjective.The Federal grounds for disqualification are sufficient,* as they are, for the most part, objective and tend to preclude the insinuation of personal bias, conscious or not, into the process of adducing whether one can or cannot possess a firearm. The instant background check undertaken at a firearms dealer is enough.The mindset of the Hochul Government is crucial in analyzing and evaluating these new requirements in the CCIA.We will delve into this in the next article, beginning with whether New York makes use of this thing, in other State Statutes. It does. And we will take a look at how other States that have such a provision, utilize it, and lay out our arguments in support of the remarks made herein that there is no justification for employment of “GOOD MORAL CHARACTER” in New York’s Handgun Law.____________________________________*We must stress, consistent with prior statements made in previous articles, that our position is that, despite the seeming contradiction, the natural law right to armed self-defense is absolute.

But does this mean that all individuals should possess a firearm if they wish? The term ‘absolute,’ means ‘unqualified,’ and ‘without restriction.’ This logically entails the proposition that the natural law right to armed self-defense is an unqualified right of man, hence a right, without restriction.

But refer back to the word, ‘should,’ in the afore-referenced question, “Should all individuals possess a firearm if they wish? Further to the point, should there be some limitation on who possesses a firearm?

The word ‘should’ changes a proposition into a normative, moral statement that does not readily fall into the basic “true”/“false” paradigm. Our position is that pragmatic considerations require tough choices when it comes to who “should” “be allowed” to possess a firearm. That ultimately means some people, for pragmatic reasons, “should not” be permitted to possess guns.

Murderous psychopaths and psychotic maniacs fall into categories of individuals who should not possess firearms because their use of firearms is not limited to self-defense or for such benign purposes as hunting, target practice, or sport, such as skeet or trap-shooting, or Olympic events. And, recall the codification of the natural law right to armed self-defense (subsumed into “self-defense”/“self-preservation”) as the core predicate of the right, eliminating, then, use of firearms to commit murder or to threaten murder or other violence.

Federal Law also prohibits “illegal aliens” from possessing firearms. And that is right and proper. The United States is a Nation State, with physical geographical borders, comprised of citizens, whose allegiance, whether they accept it or not, is to the Nation—its Constitution, history, heritage, culture, ethos, and core ethical values.

By definition, an ‘illegal alien,’ is a person who intentionally defies our National geographical Integrity, our Constitutional integrity, and our Laws. His allegiance is not to our Country, nor to our Constitution. Therefore he, like a murderer, is a threat to our natural law right to self-defense, and therefore is prohibited from possessing a firearm, and, from a normative perspective, “ought” rightfully to be prohibited from possessing a firearm.

“Mental Defectives” are another category of individuals that are not in a position to be trusted with a gun as a very young child, as they pose a threat to others if they have access to a firearm. And as for those members of the armed forces who have been dishonorably discharged, they have brought dishonor on their Nation and on themselves and have demonstrated an inability to be trusted with a firearm, as, by definition, they pose a danger to the Nation, People, and Constitution.

But how far should these pragmatic bases to deny possession of firearms extend? The Government itself exists to preserve and protect the Constitution and provide for the common welfare of the citizens.

But Government is naturally inclined—given the power it wields—to subvert those ends, usurping the sovereignty of the American people.

The Biden Administration has disdainfully, unabashedly usurped the sovereignty of the American people and has deliberately, and maliciously failed to faithfully serve and protect the Nation, and has intentionally, malevolently, and spitefully, ignored enforcement of the Laws of the Land. And the Administration has gone further yet: coldly, callously, designing and implementing policy for the purpose of subverting and sabotaging the Laws of the Land.

It is not by accident this Administration has deliberately thwarted the citizenry's exercise of their Bill of Rights. The Administration has designed and implemented policy systematically designed to weaken the right of the people to keep and bear arms.

The Biden Administration is hell-bent determined to dismantle the institutions of our Country, to destroy our history, heritage, culture, and Judeo-Christian ethical values, fully embracing a Tyranny to thrust upon the Nation. And Democrat Party-controlled State Governments across the Country have taken the policy positions and messaging of the Biden Administration to heart: zealously following in the Administration’s footsteps, designing and implementing similar policies, all with the aim of destabilizing society, destroying the economy, demoralizing the people, and promoting all matter of vices against God, Country, and People.

It is but an understatement to assert that neither the Federal Government nor many State Governments are the best arbiter to decide how or whether the natural law right to armed self-defense is to be exercised.

As we see most clearly today, Government tends, through time, to institute more and more restrictions on who may “lawfully” possess firearms, and places ever more draconian restrictions on the types, kinds, and quantity of firearms and ammunition one may possess, and on the component parts and paraphernalia a person may “lawfully” keep.

The Arbalest Quarrel has discussed this notion of ‘Tyranny’ in some depth, in previous articles and we will have much more to say about it and will do so in future articles. We will also deal at length with the notion of ‘absoluteness’ of our natural law rights and lay out further how that concept can be seen to cohere with a seeming logical inconsistency of ‘limitation’ placed on absoluteness in the exercise of natural law rights, utilizing “pragmatic realism” and “normative principles” to secure the Bill of Rights for all time, notwithstanding the strong desire and goal of the Neo-Marxist Internationalists and Neoliberal Globalist Empire Builders that insist the U.S. Constitution's Bill of Rights is archaic, unworkable, and, therefore, must eventually be eliminated, as part of their major overhaul of this Nation’s  Constitution.

___________________________________Copyright © 2023 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.

IT IS HIGH TIME THE HIGH COURT DEALT WITH GOVERNMENT HANDGUN LICENSING REGIMES HEAD-ON

MULTIPART SERIES ON POST-BRUEN CASE ANALYSIS

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

PART TWENTY-FOUR

“MAY ISSUE” VERSUS “SHALL ISSUE” A HANDGUN LICENSE ISN’T OF SALIENT IMPORTANCE. GOVERNMENT HANDGUN LICENSING, PER SE, IS.

The U.S. Supreme Court struck down New York’s “May Issue” concealed handgun carry license “Proper Cause” requirement in New York on June 23, 2022, in the third landmark Second Amendment case, NYSRPA vs. Bruen. That much is known among both friends and foes of the Second Amendment alike. And the Democrat Party legislative machinery in Albany, at the behest of New York Governor Kathy Hochul, did strike “Proper Cause” from the State’s Handgun Law, the Sullivan Act.But a comprehensive set of amendments to the Law did nothing to weaken the import of the Act.Hochul and Albany simply rejiggered it, leading immediately, and unsurprisingly, to a new round of challenges.But what accounts for this brazenness of the New York Government? And why is it fair to say the recent set of Amendments to New York’s Handgun Law (the Sullivan Act) is no less in conflict with the right codified in the Second Amendment, after Bruen, than before the Bruen decision?As we argue, the Amendments to the Handgun Law, “The Concealed Carry Improvement Act” of 2022 (“CCIA”), negatively impact not only the Second and Fourteenth Amendments but the First and Fourth Amendments of the Bill of Rights as well.Moreover, for holders of valid New York concealed carry licenses prior to Bruen, the Amendments to the Handgun Law do not secure acquiring a renewal of their concealed handgun carry license any easier, but create new hurdles for those licensees, no less so than for new applications for concealed carry licenses.And, for those individuals who do acquire a valid New York concealed handgun carry license under the CCIA, its usefulness is jeopardized.Prior to Bruen, the State had established two tiers of concealed handgun carry licenses: Restricted and Unrestricted. That distinction no longer exists. The CCIA collapses the two tiers. Henceforth, all concealed handgun carry licenses are now, in effect, “Restricted.”What is going on here? How has the New York Government come about?One must dig deep into Bruen for an answer, and that analysis must extend to Heller and McDonald. For the three landmark Second Amendment cases operate in tandem.

THE NEW YORK GOVERNMENT HAS EXPLOITED WEAKNESSES IN THE BRUEN DECISION

The New York Government has exploited weaknesses in the rulings and reasoning of Bruen and in the parent Heller and McDonald cases.Consistent with our prior analyses, we continue to delve deeply into U.S. Gun Law.In this and subsequent articles, we unpack and decipher the language of the three seminal 21^st Century Second Amendment cases to gain an understanding of the weaknesses and flaws that have allowed State Government foes of the Second Amendment to flaunt the High Court rulings.Sometimes these Government schemes demonstrate adroitness and cunning. At other times the schemes show ineptitude, appearing crude and amateurish. No matter. Foes of the Second Amendment illustrate, through their actions, unmitigated Government contempt for theArticle III power of the Third Branch of Government, a marked disdain for the natural law right to armed self-defense, and outright hatred toward Americans who exhibit a marked intention to keep and bear arms, consistent with the right guaranteed to them by eternal, immutable Divine Law, albeit contrary to transitory, ever-changing international norms.  High Court rulings do not and cannot transform innate and open hostility toward the Second Amendment, harbored by and exhibited by the legacy Press; a plethora of native Anti-Second Amendment interest groups; the Biden Administration and its toady functionaries; Democrat Party-Controlled State Governments; International Marxist-Communist, and Neoliberal Globalist influences; the fixtures of the EU and UN; the Nation's Political liberals, Progressives, and Radicals among the polity; and international-sponsored NGOs.Reason doesn't factor into the equation. Those forces hostile to the very existence of the Second Amendment remain so. The hostility is attributed to and engendered by the agenda of the Globalist Billionaire Class the goal of which is to bring to fruition a neo-feudalistic corporatist Globalist economic, and financial empire, around which a one-world socio-political Government is to be constructed, through which the Hoi Polloi of the world, amorphous billions, are to be ruled with an iron fist, keeping them corralled and constrained.Constitutions of individual nation-states, especially those of the U.S. that embrace God-Given natural law, beyond the lawful authority of any Government to tamper with, are antithetical to The Globalist end-game. And, so, the decisions of the U.S. Supreme Court are deemed both dangerous and irrelevant.Yet, the salient job of the U.S. Supreme Court is to preserve the import and purport of the U.S. Constitution by interpreting the plain meaning of it as drafted, and, in so doing, constrain malevolent or opportunistic forces that would manipulate the Constitution to serve an agenda at odds with it, whose unstated goal, as has become increasingly apparent, amounts to the wholesale destruction of a free Republic and the Nation’s sovereign people. It need hardly be said, let alone argued, that decisions of the U.S. Supreme Court are not and ought not to be determined by popular opinion. Inferring the plain meaning of the Constitution, the decisions of the Court are not to be shunted aside due to the fervor of the moment. In any event, public opinion is fickle; easily manipulated. The public, much of it, is easily roused to anger. Now a mob, it is whipped into a frenetic, frenzied rage through the launching of industry-wide propaganda campaigns— elaborate psychological conditioning programs, blanketing the entire Nation. It is in this climate of induced fear and rage toward firearms and toward those of us who intend to exercise our fundamental, unalienable, immutable, eternal right to armed self-defense that the U.S. Supreme Court operates and must navigate in and through, never losing sight of one axiomatic principle enunciated by John Marshall, Chief Justice of the U.S. Supreme Court, over two centuries ago in the landmark case Marbury vs. Madison, 5 U.S. 137, 1 Cranch 137 (1803). All first-year law students come to know this case.

“It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular cases, must of necessity expound and interpret that rule. If two laws conflict with each other, the courts must decide on the operation of each. 

So if a law be in opposition to the constitution; if both the law and the constitution apply to a particular case, so that the court must either decide that case conformably to the law, disregarding the constitution; or conformably to the constitution, disregarding the law; the court must determine which of these conflicting rules governs the case. This is of the very essence of judicial duty.”

See also, the article, The Court and Constitutional Interpretation, on the High Court's website:

“When the Supreme Court rules on a constitutional issue, that judgment is virtually final; its decisions can be altered only by the rarely used procedure of constitutional amendment or by a new ruling of the Court. However, when the Court interprets a statute, new legislative action can be taken.Chief Justice Marshall expressed the challenge which the Supreme Court faces in maintaining free government by noting: ‘We must never forget that it is a constitution we are expounding . . . intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs.’” This suggests the High Court should never be tentative, circuitous, or vague in its opinions, especially when dealing with the Bill of Rights.Alas, that normative commandment is less objective practice and more unattainable goal. The elusiveness of it is due more likely to stormy conditions in the Court itself, among the Justices, that require them,  at times, to pull their punches.

THE PROBLEM WITH BRUEN RESTS NOT WITH THE RULINGS BUT WITH A  LACK OF CLARITY DUE POSSIBLY TO THE MACHINATIONS OF THE CHIEF JUSTICE (?)

The problems attendant to Bruen rest not with the rulings themselves, but with abstruseness; a lack of clarity. The authors of Heller, McDonald, and Bruen, could have closed the loopholes. They didn’t.But the fault does not lie with the late, eminent Justice Antonin Scalia, author of the Heller Majority Opinion, nor with Justice Samuel Alito, author of the McDonald Majority Opinion, nor with Justice Clarence Thomas, author of the Bruen Majority Opinion.The fault, more likely than not, rests with Chief Justice Roberts. Conscious of the political headwinds, and desirous to establish a modicum of common ground between the two wings of the Court, he likely had demanded watered-down versions of the Majority Opinions.Were Justices Scalia, Alito, and Thomas given free rein, they would have denied to State Government actors and their compliant Courts, an escape route, however narrow, allowing these foes of the Second Amendment to concoct mechanisms to skirt the Heller, McDonald, and Bruen rulings and reasoning that supports those rulings.

A CONUNDRUM RESTS AT THE HEART OF BRUEN AND HELLER AND MCDONALD

On a few major findings, the three landmark cases were patently clear.Heller held firmly that the right of the people to keep and bear arms is an individual right, unconnected with service in a militia, and the Federal Government is prevented from disturbing that right. McDonald made clear the rulings and reasoning of Heller applied with equal force to the States. Bruen made clear the individual right to armed self-defense isn’t confined to one’s home but extends to the public domain.At each step, the three LandmarkSecond Amendment cases strengthened, in turn, an aspect of the plain meaning of the natural law right to armed self-defense, drawing upon and building upon and then clarifying a central plank of the predecessor case.The foes of these Landmark cases contested findings of law and fact. The arguments invariably began with a false premise: that the U.S. Supreme Court has impermissibly expanded the right embodied in the Second Amendment. The High Court did no such thing. It expanded nothing.The High Court simply laid out what exists in the language of the Second Amendment but that some State Governments fail to recognize or know but fail to acknowledge. And, in their actions, these Governments contort and distort, and inexorably weaken the clear, concise, and categorical meaning of the natural law right codified in the Second Amendment.The central thesis of the latest Landmark case, Bruen is this:

WHETHER AT HOME, OR IN THE PUBLIC SPHERE, A PERSON HAS A FUNDAMENTAL, UNALIENABLE RIGHT TO DEFEND ONE’S LIFE WITH THE FUNCTIONALLY BEST MEANS AVAILABLE, A FIREARM, A FACT TRUE CENTURIES AGO, AND NO LESS TRUE TODAY.

And, yet there exists a conundrum, a problem, a painful shard embedded in the heart of Bruen—a  carryover from Heller—that begs for resolution in a fourth Second Amendment case that likely is coming down the pike: Antonyuk vs. Nigrelli, another New York case.That case is the progeny of an earlier case, Antonyuk vs. Bruen—the first major challenge to the U.S. Supreme Court case, NYSRPA vs. Bruen.The U.S. District Court for the Northern District of New York, amenable to the allegations made attacking the legality and Constitutionality of New York’s Concealed Carry Improvement Act, dismissed the case without prejudice, tacitly, but unsubtly, encouraging the Plaintiff, Ivan Antonyuk to refile the case.New York Governor Hochul, apparently oblivious to the fact that the dismissal of Antonyuk vs. Bruen did not mean the Court found the CCIA Constitutional, pompously reported the District Court’s action as a win. She should have saved her breath. She would have looked less the fool.The Plaintiff, Ivan Antonyuk, promptly filed a new complaint, and five other holders of valid New York concealed handgun carry licenses joined him as Party Plaintiffs. During the litigation of the case, the Parties filed a Motion for Preliminary Injunction to stay enforcement of the CCIA, and the District Court granted the Motion.The Hochul Government appealed the Injunction to the U.S. Court of Appeals for the Second Circuit. The Appellate Court reversed the District Court’s granting of the stay, and the Plaintiffs filed an interlocutory appeal with the U.S. Supreme Court. In an unconventional request for a response from the Government to the Plaintiffs’ appeal, the Hochul Government filed its opposition to the lifting of the stay of enforcement of the CCIA case—eventually, recaptioned Antonyuk vs. Nigrelli—and the High Court, in deference to the Second Circuit, did lift the stay, permitting the Government to enforce the CCIA while the Second Circuit rules on the Preliminary Injunction.Having received what it wanted from the High Court and knowing or suspecting the core of the CCIA would likely be overturned on appeal of a final Order of the Second Circuit, the Hochul Government would have every reason to dawdle.The High Court, aware of this, cautioned the Government against this, in its Order, stating that that the Government must proceed apace with the case, and explicitly asserting that Plaintiffs can appeal to the High Court if the Government deliberately drags its feet.Yet, months later, the case, Antonyuk vs. Nigrelli, still sits at the U.S. Court of Appeals for the Second Circuit.

A TENSION EXISTS BETWEEN THE DICTATES OF THE SECOND AMENDMENT AND LANDMARK RULINGS OF THE U.S. SUPREME COURT ON THE ONE HAND, AND, ON THE OTHER HAND, THE INTENT OF THOSE STATE GOVERNMENTS, THAT ABHOR THE SECOND AMENDMENT, TO OPERATE IN DEFIANCE OF THE DICTATES OF THE SECOND AMENDMENT AND LANDMARK RULINGS OF THE U.S. SUPREME

State Governments—like New York and others—that abhor exercise of the right embodied in the Second Amendment—will continue to enact Statutes spurning the High Court’s rulings until the Court deals with this conundrum.The central premise of Bruen is that the right to armed self-defense, inherent in the language of the Second Amendment, is not bounded in space or time.A person need not, then, present a reason to carry a handgun for self-defense in public. Self-defense is reason enough, and that reason is presumed in a person’s application for a carry license.It was the presumption of “May Issue” jurisdictions that an applicant for a handgun carry license must show the need for a handgun carry license that the U.S. Supreme Court attacked head-on.Justice Thomas, writing for the Majority in Bruen, said this:  “New York is not alone in requiring a permit to carry a handgun in public. But the vast majority of States—43 by our count—are shall issue’ jurisdictions, where authorities must issue concealed-carry licenses whenever applicants satisfy certain threshold requirements, without granting licensing officials discretion to deny licenses based on a perceived lack of need or suitability. Meanwhile, only six States and the District of Columbia have ‘may issue’ licensing laws, under which authorities have discretion to deny concealed-carry licenses even when the applicant satisfies the statutory criteria, usually because the applicant has not demonstrated cause or suitability for the relevant license. Aside from New York, then, only California, the District of Columbia, Hawaii, Maryland, Massachusetts, and New Jersey have analogues to the ‘proper cause’ standard. All of these ‘proper cause’ analogues have been upheld by the Courts of Appeals, save  for the District of Columbia’s, which has been permanently enjoined since 2017. Compare Gould v. Morgan, 907 F. 3d 659, 677 (CA1 2018); Kachalsky v. County of Westchester, 701 F. 3d 81, 101 (CA2 2012); Drake v. Filko, 724 F. 3d 426, 440 (CA3 2013); United States v. Masciandaro, 638 F. 3d 458, 460 (CA4 2011); Young v. Hawaii, 992 F. 3d 765, 773 (CA9 2021) (en banc), with Wrenn v. District of Columbia, 864 F. 3d 650, 668, 431 U.S. App. D.C. 62 (CADC 2017).” [Bruen, Majority Opinion]Justice Thomas says Appellate Courts have upheld “May Issue” in six which include New York and the District of Columbia. What Justice Thomas doesn’t say but suggests is that “May Issue” is henceforth unconstitutional in all those jurisdictions because those jurisdictions embrace a“Proper Cause” schema even if the precise phrase, ‘Proper Cause,’ isn’t used in those “May Issue” in the handgun laws of those jurisdictions.Moreover, insofar as the U.S. Circuit Court of Appeals in those jurisdictions have heretofore held “May Issue” Gun Laws Constitutional, the holdings of those Courts are henceforth overruled to the extent they conflict with Bruen. That means the reasoning in conjunction with and supporting those holdings is to be given no effect.A showing of “Extraordinary Need” is the mainstay of “Proper Cause”/“May Issue.” But, as to what had heretofore constituted this “Proper Cause”/“Extraordinary Need” was never defined in New York Statute. So, then, what is this thing, “Proper Cause?” How does New York define ‘Proper Cause’ since the Legislature never defined it?“No New York statute defines ‘proper cause.’ But New York courts have held that an applicant shows proper cause only if he can “demonstrate a special need for self-protection distinguishable from that of the general community.” E.g., In re Klenosky, 75 App. Div. 2d 793, 428 N. Y. S. 2d 256, 257 (1980). This ‘special need’ standard is demanding. For example, living or working in an area “‘noted for criminal activity’” does not suffice. In re Bernstein, 85 App. Div. 2d 574, 445 N. Y. S. 2d 716, 717 (1981). Rather, New York courts generally require evidence ‘of particular threats, attacks or other extraordinary danger to personal safety.’ In re Martinek, 294 App. Div. 2d 221, 222, 743 N. Y. S. 2d 80, 81 (2002); see also In re Kaplan, 249 App. Div. 2d 199, 201, 673 N. Y. S. 2d 66, 68 (1998) (approving the New York City Police Department’s requirement of “‘extraordinary personal danger, documented by proof of recurrent threats to life or safety’” (quoting 38 N. Y. C. R. R. §5-03(b))).’”It was, then, left up to the various Licensing Authorities in New York to construct operational rules for “Proper Cause”/“Extraordinary Need.”The expression, ‘Proper Cause,’ means ‘Special Need.’ And the expression, ‘Special Need’ means that an applicant for a concealed carry license must establish a reason for carrying beyond simple ‘self-defense.’A demand that a prospective concealed carry licensee convince the licensing authority that his need arises from an “Extraordinary Need,” i.e., a need beyond that faced by most people is what New York and similar “May Issue” jurisdictions demand. And it is this the U.S. Supreme Court finds both incongruous and repugnant under both the Second and Fourteenth Amendments of the U.S. Constitution.Justice Thomas points out that “May Issue”/“Proper Cause”/“Extraordinary Need”—all allude to the fact that the Government licensing authority may exercise discretion in issuing a handgun license. This wasn’t a feature of New York’s Handgun Law Licensing Statute when the State Legislature enacted the Sullivan Act in 1911. “Magistrate” (i.e., Government Authority) discretion in issuing a carry license came about a couple of years later.“In 1911, New York’s ‘Sullivan Law’ expanded the State’s criminal prohibition to the possession of all handguns—concealed or otherwise—without a government-issued license. See 1911 N. Y. Laws ch. 195, §1, p. 443. New York later amended the Sullivan Law to clarify the licensing standard: Magistrates could ‘issue to [a] person a license to have and carry concealed a pistol or revolver without regard to employment or place of possessing such weapon’ only if that person proved “good moral character” and ‘proper cause.’ 1913 N. Y. Laws ch. 608, §1, p. 1629.” [Bruen, Majority Opinion] Through the passing years and decades, New York added more requirements, further constraining the exercise of the right of the people to keep and bear arms.The history of New York’s Sullivan Act illustrates a consistent and systematic course of action by foes of the Second Amendment to frustrate efforts by those individuals who desire to exercise their fundamental right to armed self-defense.  Eventually, as the trend toward ever more elaborate, convoluted, and oppressive amendments continued, the Handgun Law came to embrace several categories or tiers of handgun licensing and became increasingly difficult to decipher.New York’s Courts stamped their imprimatur on these Government actions, opining disingenuously, ludicrously that New York Law did indeed recognize a right of the people to keep and bear arms, but that exercise of that right required the acquisition of a license, and applicants had no right to demand a license of the Government. The Courts stated the obvious—that issuance of a license is a privilege, not a right, and one the New York Government reserved, to itself, the right to bestow or not, and to rescind once bestowed, as a matter of right.Americans who resided or worked in New York had had enough and challenged the legality and constitutionality of the State’s handgun law.  The process of obtaining a New York concealed handgun carry license is especially difficult demonstrating the Government’s callousness toward gun owners and its utter disdain for those civilian citizens who deign to exercise their natural law right to armed self-defense.“A license applicant who wants to possess a firearm at home (or in his place of business) must convince a ‘licensing officer’—usually a judge or law enforcement officer—that, among other things, he is of good moral character, has no history of crime or mental illness, and that ‘no good cause exists for the denial of the license.’ §§400.00(1)(a)-(n) (West Cum. Supp. 2022). If he wants to carry a firearm outside his home or place of business for self-defense, the applicant must obtain an unrestricted license to ‘have and carry’ a concealed ‘pistol or revolver.’ §400.00(2)(f ). To secure that license, the applicant must prove that ‘proper cause exists’ to issue it. Ibid. If an applicant cannot make that showing, he can receive only a ‘restricted’ license for public carry, which allows him to carry a firearm for a limited purpose, such as hunting, target shooting, or employment. See, e.g., In re O’Brien, 87 N. Y. 2d 436, 438-439, 663 N. E. 2d 316, 316-317, 639 N.Y.S.2d 1004 (1996); Babernitz v. Police Dept. of City of New York, 65 App. Div. 2d 320, 324, 411 N. Y. S. 2d 309, 311 (1978); In re O’Connor, 154 Misc. 2d 694, 696-698, 585 N. Y. S. 2d 1000, 1003 (Westchester Cty. 1992).” [Bruen Majority Opinion]Thus, the U.S. Supreme Court ruled that demonstration of “extraordinary need” for carrying a handgun in public for self-defense, heretofore inextricably tied to “Proper Cause”/“May Issue”,  is unconstitutional. The Court articulated this point clearly and categorically. But, having taken this action, the Court stopped. It did not take the next logical step. It did not deal with the issue of “May Issue” Handgun Licensing itself.And that is why Bruen leaves us with a disheartening quandary; a diluted, seemingly equivocal opinion, as also occurred in Heller. The Hochul Government recognized this as a weakness in Bruen, and her Government ran with it.This must have frustrated Justice Clarence Thomas, author of the Bruen Majority Opinion, along with Justice Samuel Alito, author of the McDonald Majority Opinion.No doubt the late Associate Justice Antonin Scalia, author of the Majority Opinion in the parent Heller case would register his own frustration and indignation at repeated attempts by some on the High Court, to inhibit the citizenry’s exercise of the natural law right to armed self-defense.The basic problem with the Bruen decision, and the source of the quandary, goes to the High Court’s handling of “May Issue” licensing.The Justices must have known that lukewarm handling of “May Issue” would provide the Hochul Government with a loophole—just enough, perhaps—to allow the Government to slither around the fundamental right of the people to armed self-defense at home and in the public arena.Drilling down the problem with“May Issue,” we proceed to the legitimacy of handgun licensing itself.

IS STATE GOVERNMENT “MAY ISSUE” HANDGUN LICENSING CONSTITUTIONAL?

Is the practice of “May Issue” handgun licensing constitutional? This is the source of our inquiry here. It is a question that the U.S. Supreme Court must at some point contend with. We hope it does so, and in short order, in the next major Second Amendment case to come before it.In Bruen, the Court Majority doesn’t deal head-on with the matter of the legitimacy, legality, and Constitutionality of Government “May Issue” Licensing of firearms generally and with handguns particularly. The Court touches upon it, tentatively acknowledging the problem, noting that very few States, including New York, and the District of Columbia, are “May Issue” jurisdictions, but does not pursue it. This, to our mind, is a major failing of the case.That failing, a major and pervasive one, and one longstanding, going back fifteen years to Heller, has provided jurisdictions like New York, and others, with a path through which they not only are able to salvage draconian handgun licensing schemes but to strengthen them—all this despite the prominence and impact of Heller and Bruen that would seem at first glance to have closed all loopholes, demanding compliance.It is curious that obtaining a New York “restricted” handgun license for, say, hunting or target practice, is a relatively easy endeavor, at least in comparison to the hoops a person has had to jump through to acquire a concealed handgun “FULL CARRY” License. New York may be construed as a “SHALL ISSUE” jurisdiction apropos of restricted home or business premise licenses. In other words, so long as the applicant does not fall under a disability established in Federal Law, 18 USCS § 922, (and the State embellishes those, making it even more difficult to overcome the disability provisions set forth in the Penal Code), the State licensing authority would issue a restricted handgun premise license. Generally, if the applicant did not meet the State's stringent “PROPER CAUSE”/“EXTRAORDINARY” (“SPECIAL”) NEED” requirement, sufficient to acquire a restricted or unrestricted concealed handgun carry license, the licensing authority would inquire of the applicant if he would accept a highly restrictive handgun premise license in its stead. That would, at least, avoid the need for the applicant to go through substantial time, effort, and expense necessary to reapply for a premise handgun license. And THAT would be the extent of the New York Government's concession to a person who wishes to exercise his right to armed self-defense under the Second Amendment. The only requirement for one to obtain a limited use premise license is that a person isn’t under a disability which would entail automatic denial from legally possessing a firearm at all.Acceding to issue HIGHLY RESTRICTED, LIMITED USE HANDGUN LICENSES amounts to a booby prize. To this day, notwithstanding the Bruen rulings, New York remains a “MAY ISSUE” jurisdiction.The New York State Legislature has made the acquisition of a concealed carry license an extraordinarily difficult endeavor traditionally, and so it remains today. New York disincentivizes the acquisition of concealed handgun carry licenses post-Bruen, as it has done pre-Bruen. The process is lengthy, costly, and time-consuming. That doesn’t bother Associate Justice Steven Breyer. He feels acquisition of a handgun carry license should remain difficult, the reason articulated predicated on the prevalence of violent crime in society.He reminds the target audience of a connection between handguns and violent crimes that he and other foes of the Second Amendment invariably draw:“Consider, for one thing, that different types of firearms may pose different risks and serve different purposes. The Court has previously observed that handguns, the type of firearm at issue here, ‘are the most popular weapon chosen by Americans for self-defense in the home.’ District of Columbia v. Heller, 554 U. S. 570, 629, 128 S. Ct. 2783, 171 L. Ed. 2d 637 (2008). But handguns are also the most popular weapon chosen by perpetrators of violent crimes. In 2018, 64.4% of firearm homicides and 91.8% of nonfatal firearm assaults were committed with a handgun. Dept. of Justice, Bureau of Justice Statistics, G. Kena & J. Truman, Trends and Patterns in Firearm Violence, 1993-2018, pp. 5-6 (Apr. 2022).” [Breyer, Dissenting Opinion in Bruen]What is interesting about this argument—one routinely made by foes of the notion of civilian citizen armed self-defense—is the implication derived therefrom.The implication is that the lowest common denominator of society—inhabited by the common criminal opportunist, the psychopathic killer, and the psychotic maniac (all of whom Democrat-Party-Controlled Governments allow to run amok), and at times, here and there, the atypical, careless, irresponsible, but otherwise law-abiding, rational adult—should dictate firearms’ policy negatively impacting exercise of the natural law right to armed self-defense for the rest of us: tens of millions of the common people, i.e., responsible, sane, trustworthy, law-abiding Americans. Who are these Americans? Roughly a third of the Country, over 80 million Americans. See, e.g., American Gun Facts.There are proven ways to deal with the lowest common denominator of society. Get them off the streets and into prisons or institutions for the criminally insane. But those Americans who consider themselves “Liberals” or “Progressives” and who are, as a group, antagonistic toward the very notion of a natural law right to armed self-defense, focus their energies on curbing or curtailing the right to armed self-defense of the vast commonalty—using a sledgehammer rather than a surgical knife to deal with violent crime posed by a small but virulent element of society.This suggests that intractable violent crime is but a pretext for the accomplishment of a goal: disarming the citizen. One wonders: Is it a pervasive violent crime that motivates Anti-Second Amendment sentiment among those who seek to eliminate the exercise of the right to armed self-defense, or is it something else, something much different: the threat that the armed citizenry poses to an Authoritarian Government? Is it not the latter, rather than the former that motivates and drives the Government to disarm the American public en masse?Justice Scalia, writing for the majority in Heller, discussed tyranny but there is nothing in that discussion to cement as a rationale for the “individual right to keep and bear arms” holding—what Justice Scalia points out to be the key point of the Second Amendment for the framers of the Constitution—that the Second Amendment is the final “fail-safe” to prevent or, at least, to forestall the onset of tyranny. Rather, the right of the people to keep and bear arms is tied to a notion of armed self-defense against the criminal element. Thus, the Heller rulings operate as a counterweight to the dissenting opinions' arguments that guns should be removed from civilian citizens precisely because they are often utilized by criminals and lunatics, suggesting erroneously, that the way to prevent Gun Violence from thousands of psychopathic criminals and psychotic maniacs, whom the political and progressive elements in society are loathed to deal effectively with, is to remove guns from the hands of everyone else: approximately a third of the Nation, one hundred million law-abiding, rational, responsible, American citizens. But then, it is this armed citizenry—upward of one hundred million Americans—whom the Anti-Second Amendment contingent of the Country and one-world-government proponents are really targeting.Tyranny is what the world empire builders have sought for decades and what they intend to accomplish, for that is what a world government means. And the armed citizenry—that which is nonexistent in CCP China and Russia, the EU and in the British Commonwealth Nations, and in almost every other nation or political grouping of nations on Earth, save for Switzerland and Israel—is the one definitive preventive medicine to Tyranny. Our Constitution’s framers knew that. They fought a war over it. And, but for the force of arms, this Nation today would still, more likely than not, still be under British rule, a part of the British Commonwealth.  With the truth of this as a given, all talk of “Gun Violence” is to be perceived as a deflection—a “dodge,” irrelevant. True “Criminal Violence”—if there is any import to the expression equates with “Tyranny.” Armed self-defense against predatory animal and man is understood and need not be stated.The Second Amendment directs one’s attention to the threat to a free people as a whole—a dire threat, posed by Predatory Government. Justice Scalia undoubtedly recognized it. And, in Heller, he surmised that future scholars of U.S. case law would see in the Heller decision that the case is a doctrinal essay on the rationale for the Second Amendment, and, thus, for the central holding—the individual right of the people to keep and bear arms, qua the armed citizenry, as necessary for the security of a Free State: Tyranny Thwarted only through the continued existence of the armed American citizenry.It is that idea that is both repugnant to and frightening too and therefore intolerable to those forces both within this Country and outside it, who understand, in these three cases, Heller, McDonald, and Bruen, a direct assault on their goals and initiatives. Those goals and initiatives are directed at eliminating, not safeguarding, preserving, and strengthening the Bill of Rights—especially the natural law right to armed self-defense.This natural law right to armed self-defense is tied to the right of free speech, i.e., the right of the individual TO BE individual: the natural law right of the individual to dissent from Government dictates and mob rule and societal pressures that compel uniformity in thought and conduct; that demand obedience; demand the surrender of one’s will to the will of the “Greater Society,” to the will of “The Hive.”  Those forces that crush entire nations and populations into submission view the U.S. Supreme Court’s 21^st Century Second Amendment rulings in Heller, McDonald, and now Bruen, as an unacceptable and intolerable assault on what they wish to achieve: a Neoliberal Globalist empire. These forces perceive the Nation’s Bill of Rights as anachronistic, antagonistic, and antithetical to that goal. Individual thought and an armed citizenry cannot coexist in such a reality. Thus, the goals and policy initiatives in vogue today are employed to drive a wedge between the American people and their history and heritage, culture, and ethos. The aims of these forces are directed at eliminating, not preserving and strengthening, the Bill of Rights—especially the natural law right to dissent and to armed self-defense. The New York Government has long resided in the camp of these Globalist, world empire builders.The New York Government under Governor Kathy Hochul—and before her, Andrew Cuomo—is virulently opposed to civilian citizens carrying handguns in the public domain for personal defense.The New York Government, with the assistance of Chief Justice John Roberts and Associate Justice Brett Kavanaugh, weathered the previous challenge to the Sullivan Act and New York City handgun rules, New York State Rifle & Pistol Association, et.al. v. The City Of New York, 140 U.S. S. Ct. 1525 (2020), but that case dealt only with the constitutionality of certain restrictions on the use of a restricted New York City premise license. The State and the City modified the Handgun Statute and the City modified the Rules of the City of New York to avoid a possible attack on the core of the Sullivan Act, involving the carrying of a handgun concealed in New York. The core of the Sullivan Act, though could not be avoided in Bruen. For, the legitimacy, the legality, the constitutionality of the core of the Sullivan Act was at issue.The Hochul Administration and the Democrat Party-controlled Legislature in Albany attempted an end-run around Bruen by complying with a superficial aspect of the Bruen holding. The High Court held that,“New York’s proper-cause requirement violates the Fourteenth Amendment in that it prevents law-abiding citizens with ordinary self-defense needs from exercising their right to keep and bear arms.”So, then, if the High Court found “Proper Cause” to be problematic, the Government would strike the words, “Proper Cause” from the Sullivan Act—which turned out to be a superficial genuflection. The Hochul Government thereupon bolstered the “Good Moral Character” requirement of the Gun Law that the High Court mentioned in a cursory fashion in Bruen but did not remonstrate against because “Good Moral Character” had not functioned as anything more than a makeweight. It did not factor substantively into the equation whether the New York Handgun Licensing Authority would issue a person a concealed handgun carry license. What does that mean? How does the Licensing Authority process an application for a concealed handgun carry license in New York? The process of issuing a concealed carry license in New York, prior to Bruen, involved a two-step process. First, the licensing official determined whether the applicant falls under a disability that precludes that person from possessing a firearm at all.If the applicant falls into a category of disability as set forth in the “Crimes and Criminal Procedure” Section of Federal Law, Title 18, Part I (“Crimes”) Chapter 44 (“Firearms”), then that person is incapable of legally possessing any firearm.18 USCS § 922 sets forth:“(g) It shall be unlawful for any person—(1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;(2) who is a fugitive from justice;(3) who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));(4) who has been adjudicated as a mental defective or who has been committed to a mental institution;(5) who, being an alien—(A) is illegally or unlawfully in the United States; or(B) except as provided in subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26)));(6) who has been discharged from the Armed Forces under dishonorable conditions;(7) who, having been a citizen of the United States, has renounced his citizenship;(8) who is subject to a court order that—(A) was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate;(B) restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and(C)(i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or(ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; or(9) who has been convicted in any court of a misdemeanor crime of domestic violence,to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce; [and](n) It shall be unlawful for any person who is under indictment for a crime punishable by imprisonment for a term exceeding one year to ship or transport in interstate or foreign commerce any firearm or ammunition or receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.”In the letter of denial, the licensing officer will state the basis for denial and add that in the License Officer’s judgment the individual does not satisfy the “Good Moral Character” requirement. The words, “Good Moral Character” do not add anything pertinent to the letter of denial. For, whether mentioned or not, the applicant cannot lawfully possess a firearm under federal law, once the licensing officer sets forth the ground or grounds of federal disability and/or the State's own grounds, which build on the Federal grounds of disability. For example, the New York Handgun Licensing Officer in New York City, i.e., the NYPD License Division, has routinely denied the issuance of handgun license, whether for an unrestricted concealed handgun carry license or a restricted premise license if a person has an arrest record, even without conviction and even if the arrest or arrest and conviction occurred while the applicant was a juvenile, and the arrest or conviction record would likely be under seal, or if the individual has a history of mental illness whether or not the applicant had been institutionalized.It should be noted the NYPD License Division, for one, always denied a person’s application for any kind of handgun license if the individual had an arrest record, even sans conviction, although the denial in that circumstance could often—depending on the nature of the prior arrest or arrests, but not invariably—be overcome through an Administrative Hearing.Assuming the applicant did not fall into an 18 USCS § 922(g) or (n) category and the applicant did not seem, to the licensing officer, to have an “objective” flaw such as an arrest record, or history of mental illness, AND the applicant sought a concealed carry license, the officer would proceed to the second step, to ascertain whether that person satisfied the “Proper Cause”/“Extraordinary Need” requirement. This, traditionally, was difficult for the average applicant to satisfy, as noted, supra.Since the U.S. Supreme Court saw no Constitutional flaw in the “Good Moral Character” requirement of the Handgun Law—and as the Plaintiffs in Bruen did not, apparently object to it—the High Court did not find fault with it either, apart from mentioning it in the Bruen Majority Opinion. It was never seen as an issue demanding resolution.The Hochul Government immediately perceived the “Good Moral Character” as a useful mechanism to maintain the “May Issue” prerogative and jumped on it.After the publication of the Bruen decision, the Hochul Government went to work to transform the “Good Moral Character” Requirement into a de facto “Proper Cause”  requirement. It did this by demanding that the applicant for a concealed handgun carry license comply with a host of new requirements that had not heretofore existed in the Handgun Law.Now, under the Amendments to the Handgun Law, “current through 2023,” NY CLS Penal § 400.00(1),“. . . for a license issued under paragraph (f) of subdivision two of this section, the applicant shall meet in person with the licensing officer for an interview and shall, in addition to any other information or forms required by the license application submit to the licensing officer the following information: (i) names and contact information for the applicant’s current spouse, or domestic partner, any other adults residing in the applicant’s home, including any adult children of the applicant, and whether or not there are minors residing, full time or part time, in the applicant’s home; (ii) names and contact information of no less than four character references who can attest to the applicant’s good moral character and that such applicant has not engaged in any acts, or made any statements that suggest they are likely to engage in conduct that would result in harm to themselves or others; (iii) certification of completion of the training required in subdivision nineteen of this section; (iv) a list of former and current social media accounts of the applicant from the past three years to confirm the information regarding the applicants character and conduct as required in subparagraph (ii) of this paragraph; and (v) such other information required by the licensing officer that is reasonably necessary and related to the review of the licensing application.”Requirements (i), (iii), (iv), and (v) are problematic on grounds of legality and constitutionality, and vagueness. Each one is a potential stumbling block—and this is by design.We will delve into each of these in a forthcoming article. In our analysis, we will also attempt to discern the reasoning behind each.But, for now, concerning the new “Good Moral Character” requirements (i), (iii), (iv), and (v), let it suffice to say that, since these requirements were not mandated before the Bruen decision, there is no legitimate rationale for mandating them now other than to maintain “May Issue” through the creation of a new set of hurdles to replace the loss of the “Proper Cause” requirement.These points are important. If true, this would strongly suggest, as applied to New York, that the mere act of striking the words ‘Proper Cause’ from New York’s Handgun Law doesn’t alter the subjective nature of the “May Issue” standard through which a New York licensing authority may, in its discretion, deny issuance of a concealed handgun carry license. That discretion continues to exist under the CCIA.The Legislature in Albany basically transformed the “Good Moral Character” requirement that, prior to Bruen, was essentially redundant—which is why Plaintiffs did not claim fault with it—into a new “Proper Cause” requirement with a litany of new subjective criteria that a New York handgun licensing authority has as its disposal to confound the applicant and through which that licensing authority can effectively deny issuance of a concealed handgun carry license.Although the Hochul Government was astute enough to refrain from tying this bolstered “Good Moral Character” with “Extraordinary Need,”  “May Issue” a concealed handgun carry license remains. And that is problematic.The CCIA “Good Moral Character” requirement and the “Sensitive Place” restriction provisions are two principal bases of challenge that have generated, to date, at least two dozen lawsuits in New York. Again, this could have been avoided. Apart from finding New York’s “Proper Cause” requirement Unconstitutional, Justices Thomas and Alito, along with Trump’s nominees, Justices Gorsuch, Kavanaugh, and Coney-Barrett might have made an unequivocal pronouncement that “May Issue” handgun licensing statutes are per se illegal and unconstitutional because “May Issue” jurisdictions allow for improper use of Government discretion. But they forbore doing so.That failure led to the enactment of New York's Concealed Carry Improvement Act and gave New York handgun licensing authorities the tools to continue to deny an applicant, not under a disability, from exercising his fundamental, unalienable right to keep and bear arms. The Justices must have been aware of the problem, and they must have seen this coming. They probably realized the New York Government would recognize the weakness in the High Court’s rulings just as they did. In fact, Justice Thomas, alluded to the problem, when, he said, as we iterated, supra,“New York is not alone in requiring a permit to carry a handgun in public. But the vast majority of States—43 by our count—are shall issue’ jurisdictions, where authorities must issue concealed-carry licenses whenever applicants satisfy certain threshold requirements, without granting licensing officials discretion to deny licenses based on a perceived lack of need or suitability. Meanwhile, only six States and the District of Columbia have ‘may issue’ licensing laws, under which authorities have discretion to deny concealed-carry licenses even when the applicant satisfies the statutory criteria, usually because the applicant has not demonstrated cause or suitability for the relevant license. [Bruen Majority Opinion].So, “MAY ISSUE”/“PROPER CAUSE”/“EXTRAORDINARY” (“SPECIAL”) NEED” lives on—unconditional, unalloyed, absolute Government Discretion to continue to refuse to issue concealed handgun carry licenses, contrary to the right of the people to keep and bear arms for self-defense in the public domain as well as in one's home.Did Chief Justice Roberts tie the hands of Justices Thomas and Alito in Bruen, just as both he and Justice Kennedy tied the hands of Justices Scalia, Thomas, and Alito, in the Heller case?Unfettered Government discretion reduces an intrinsic, unalienable, right into a mere privilege: To be bestowed on one or not at the whim of Government, and just as easily rescinded, if once bestowed.New York’s Governor Kathy Hochul and her Democrat Party supporters in the State Legislature in Albany have taken advantage of the weaknesses and vagaries in Bruen, to launch a scheme to keep the core structural scheme of the Sullivan Act.The Hochul Government concocted a set of unconstitutional amendments to the Sullivan Act, referred to, collectively, as the “Concealed Carry Improvement Act” (“CCIA”). Together with a series of other oppressive Anti-Second Amendment Statutes, the State’s Gun Law is as potent and as noxious, and as illegal as it was prior to Bruen. And so, a flurry of new lawsuits ensued.The essence of the problem here isn’t ‘May Issue’ versus ‘Shall Issue’ a handgun carry license. The essence of the problem rests with the very act of requiring a license to exercise a fundamental right in the first instance.There is something deeply disturbing and discordant with State Government requiring licensing as a condition precedent to exercising a fundamental, unalienable right.Drilling down to the bedrock, the question is:  “Is the Act of Government Handgun Licensing Legal and Constitutional, at all?” The majority of States recognize inherent Constitutional problems with licensing, and as of January 2023, most States have established “permitless carry.”The U.S. Supreme Court did not address the issue of whether Government licensing of a fundamental, unalienable right is legal and Constitutional. The Court alluded to it fifteen years ago in Heller, and once again in Bruen, last year, but that is as far as the Court went, as far as it was willing to go.But that doesn’t mean the Court condones Government firearms licensing regimes. And so, the legitimacy of State Government handgun licensing remains an open question. And jurisdictions like New York have taken advantage of the Court's failure to take firm and categorical action on this.,The tentativeness of the High Court to address this issue directly and the seeming elusiveness of the conjecture have led some jurisdictions to infer, erroneously, that gun licensing is a legitimate prerogative of the State. It is not, but that doesn’t stop foes of the Second Amendment from making the claim, anyway. And New York has made such a claim.In the New York’s “Brief in Opposition to Emergency Application for Relief and to Vacate Stay of Preliminary Injunction” in Antonyuk versus Nigrelli, pending in the U.S. Court of Appeals for the Second Circuit, Letitia James, Attorney General, representing the New York Government, made the blanket statement,“Indeed, this Court in Bruen endorsed shall-issue licensing regimes [citing Bruen at 2138 n.9; and Kavanaugh’s concurring at 2161-62.”But is that true? What DID the Court really say?Footnote 9 of Bruen reads, verbatim:“To be clear, nothing in our analysis should be interpreted to suggest the unconstitutionality of the 43 States’ ‘shall-issue’ licensing regimes, under which ‘a general desire for self-defense is sufficient to obtain a [permit].’ Drake v. Filko, 724 F. 3d 426, 442 (CA3 2013) (Hardiman, J., dissenting). Because these licensing regimes do not require applicants to show an atypical need for armed self-defense, they do not necessarily prevent ‘law-abiding, responsible citizens’ from exercising their Second Amendment right to public carry. District of Columbia v. Heller, 554 U. S. 570, 635, 128 S. Ct. 2783, 171 L. Ed. 2d 637 (2008). Rather, it appears that these shall-issue regimes, which often require applicants to undergo a background check or pass a firearms safety course, are designed to ensure only that those bearing arms in the jurisdiction are, in fact, ‘law-abiding, responsible citizens.’ Ibid. And they likewise appear to contain only ‘narrow, objective, and definite standards’ guiding licensing officials, Shuttlesworth v. Birmingham, 394 U. S. 147, 151, 89 S. Ct. 935, 22 L. Ed. 2d 162 (1969), rather than requiring the “appraisal of facts, the exercise of judgment, and the formation of an opinion,” Cantwell v. Connecticut, 310 U. S. 296, 305, 60 S. Ct. 900, 84 L. Ed. 1213 (1940)—features that typify proper-cause standards like New York’s. That said, because any permitting scheme can be put toward abusive ends, we do not rule out constitutional challenges to shall-issue regimes where, for example, lengthy wait times in processing license applications or exorbitant fees deny ordinary citizens their right to public carry.”Letitia James is wrong. Moreover, her remarks are insulting.The High Court HAS NOT endorsed the notion that Government licensing of handguns is Constitutional. To the contrary, the Court acknowledges only that licensing regimes in 43 “Shall Issue” Jurisdictions will be tolerated so long as they do not offend the core of the Second Amendment right. And even there, the Court said, “we do not rule out constitutional challenges to shall-issue regimes.”That IS NOT an endorsement of licensing. Furthermore, the Court’s remarks, in dicta, categorically exclude “May Issue” regimes such as New York, which led to the Court’s review of New York’s licensing regime in Bruen, in the first place.Justice Kavanaugh’s remark on page 2162 of Bruen, which James also cites, reiterates the points appearing in FN 9 of the Majority Opinion.A complete analysis of the three seminal Second Amendment cases requires a perusal of Justice Scalia’s remarks in Heller.Scalia made clear that concessions made to State regulation of the Second Amendment do not mean the Court acknowledges an unbridled State right to license the exercise of a fundamental right.Scalia said this:“Apart from his challenge to the handgun ban and the trigger-lock requirement respondent asked the District Court to enjoin petitioners from enforcing the separate licensing requirement ‘in such a manner as to forbid the carrying of a firearm within one's home or possessed land without a license.’  App. 59a.  The Court of Appeals did not invalidate the licensing requirement, but held only that the District ‘may not prevent [a handgun] from being moved throughout one's house.’ . . . Respondent conceded at oral argument that he does not ‘have a problem with . . . licensing’ and that the District's law is permissible so long as it is ‘not enforced in an arbitrary and capricious manner.’  Tr. of Oral Arg. 74-75.  We therefore assume that petitioners' issuance  of a license will satisfy respondent's prayer for relief and do not address the licensing requirement.”Keep in mind the last sentence: “We . . . do not address the licensing requirement.” In other words, the issue of the constitutionality of handgun licensing, per se, remains unsettled. It is certainly important, in fact vital. By pointing to it, Scalia suggests the issue will be taken up at a later time. That time is now.The Court cannot continue to evade the central issue: Is State Government licensing of a fundamental, unalienable, right Constitutional? This issue must be addressed and must be addressed soon, and it must be addressed clearly, comprehensively, and emphatically.Foes of the Second Amendment in the States and in the Federal Government are pressing ahead with their agenda aimed at eliminating the exercise of the right to armed self-defense before the 2024 U.S. Presidential election.It no longer behooves the U.S. Supreme Court to simply review this or that provision of a State handgun law. Doing so does not get to the heart of the matter. It only results, as we have seen, in countless more brazen attempts by State Governments to intrude on one’s exercise of the natural law right to armed self-defense against animals, predatory men, and, worst of all, the predatory, tyrannical Government.The Founders of the Republic, the Framers of the Constitution, did not envision the kind of wholesale unconscionable intrusion into the sovereign citizens’ exercise of their fundamental right to keep and bear arms that Americans witness and suffer today. And they certainly wouldn't endorse this idea of Government licensing prior to exercising a fundamental right, that is prevalent in many jurisdictions.These unconstitutional, unconscionable actions by State actors must stop here and must stop now.The case Antonyuk vs. Nigrelli, which the Government and the Second Circuit are presently sitting on, in defiance of Justice Samuel Alito’s admonishment to the Government to avoid delay, is likely, at some point, to be reviewed by the High Court.If or when the Court does so, it should not quibble or equivocate any longer on the salient issue of the day but should deal directly with the constitutionality of handgun licensing.That is the only way to impede the inexorable erosion of our Nation’s most important Right—the Right of the People to Keep and Bear Arms—in the absence of which preservation of a free Constitutional Republic is impossible, and Tyranny in all its horror is inevitable and unavoidable.____________________________________Copyright © 2023 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.

PROGRESSIVE GAME PLAN: NEUTRALIZE THE SUPREME COURT AND DISARM THE CITIZENRY

The recent scurrilous attack on Associate Justice Clarence Thomas is part and parcel of the Political “Progressives”* attempt to neutralize the independence of the Third Branch of Government, the Judiciary, and its most ardent supporter of an armed citizenry.On April 9, 2021, two years ago to this day of posting this article on the Arbalest Quarrel, Joe Biden issued an executive order, forming the Presidential Commission on the Supreme Court of the United States, “to examine the Court’s role in the Constitutional system; the length of service and turnover of justices on the Court; the membership and size of the Court; and the Court’s case selection, rules, and practices.”The key phrase in this executive order is “the Court’s role in the Constitutional system.”The Commission’s purpose may seem benign. It is anything but benign. Almost a hundred and thirty years earlier, Franklin D. Roosevelt attempted the same thing. Both sought to sideline and neutralize the U.S. Supreme Court.Fortunately, for the Nation, the efforts of Roosevelt and Biden came to naught.But the Biden Administration’s Progressive Globalist agenda is more extravagant and elaborate than anything dreamed up by Roosevelt and the fabricators of the “New Deal.”The Progressives’ goal of a neo-feudalistic global empire requires neutralizing the High Court and erasing America’s armed citizenry.The U.S. Supreme Court remains the only Branch of the Federal Government today that recognizes the importance of an armed citizenry to resist tyranny.In three seminal case law decisions—Heller, McDonald, and Bruen—coming down in the last fifteen years, the conservative wing majority, led by Justices Clarence Thomas, Samuel Alito, and the late Justice Antonin Scalia, made patently clear the right to armed self-defense is an individual right and a natural law right, the core of which Government is forbidden to interfere with.But these decisions are at loggerheads with the Progressives’ desire to neuter the right of the people to keep and bear arms.In a report on “progressivism,’ published on July 18, 2007, the Heritage Foundation has described the nature of and the aims of the political, social, and cultural transformation of the Nation, using the word, ‘Revolution,’ to describe it.Progressives have since made substantial strides in undermining the Constitution and transforming America beyond all recognition.But use of the word, ‘Revolution,’ to describe this transformation is inaccurate. Rather, this extraordinary and extensive push to remake American society, is not properly a Revolution because we had our Revolution—the American Revolution of 1776—when America’s first Patriots defeated the British empire.These Patriots constructed a free Constitutional Republic, unlike anything the world has seen before or since.Having thrown off the yoke of tyranny, the framers of the U.S. Constitution, created a true Republican form of Government.This “Federal” Government is one with limited and carefully delineated powers and authority. And those powers and authority are demarcated among three co-equal Branches.The Government comes to be not by Divine Right nor by Right claimed for itself by itself. Rather, it comes into existence only by grace of the American people, who are and remain sole sovereign.Since the people themselves created the Government, they retain the right to dismantle it when that Government serves its interests to the detriment of the people, devolving into tyranny.The natural law right to armed self-defense, a right that shall not be infringed, is the instrument of last resort through which the American people maintain and retain both the legal and moral right to resist tyranny that Progressives impose on Americans. See AQ article, posted on October 1, 2021.Progressivism is a thing openly hostile to and antithetical to the tenets and precepts of Individualism upon which the U.S. Constitution rests. See, e.g., article AQ article, posted on October 6, 2018.Adherents of this political and social ideology perceive Government as sovereign over the people, turning the Constitution on its head.Progressivism is an evil perpetrated on the American people, coming into being without the consent of the governed. It seeks a Globalist “Counterrevolution” in counterpoise to the morally good and successful “American Revolution.” See AQ article posted on October 26, 2020.It is in this that the arrogant and ludicrous attack on Justice Thomas comes plainly into view.Representative Ocasio-Cortez, a Progressive Democrat, has recently brought up the subject of impeachment against Clarence Thomas pertaining to “luxury trips and outings on yachts and private jets owned by Dallas businessman Harlan Crow, according to an investigation by ProPublica . . . .” See the article published in thehill.com.She adds, in her typical hyperbolic, rhetorical fashion,“‘Barring some dramatic change, this is what the Roberts court will be known for: rank corruption, erosion of democracy, and the stripping of human rights.’” Id.Impeachment of a sitting Justice does fall within the purview of Congressional authority, but it is impractical and almost unheard of in the annals of history.The House of Representatives impeached Associate Justice Samuel Chase, in 1804. He was acquitted by the U.S. Senate in 1805 and served on the High Court until his death in 1811. Another Associate Justice, Abe Fortas, resigned under threat of impeachment, in 1969. See the article posted in history.com.Impeaching Justice Thomas in a Republican-controlled House won’t happen.Progressives try a different tack.“Sixteen lawmakers led by Sen. Sheldon Whitehouse, D-R.I., and Rep. Hank Johnson, D-Ga., sent a letter to Roberts on Friday requesting an investigation into ‘allegations of unethical, and potentially unlawful, conduct.’” See the article in Foxnews.com.Asking the Chief Justice to launch an investigation of his brethren is pompous, absurd, lame, and bogus.Roberts will do no such thing. And this will rankle Progressives.The Third Branch of Government remains constantly, aggravatingly, tantalizingly beyond the ability of Progressives to tamper with.Unable at present to sit more mannequins like Ketanji Brown Jackson on the Court, they continue to probe for weaknesses. As a last resort, these Democrat Progressives challenge the Court’s importance, independence, and role.Progressives employ like-minded attorneys to undercut the authority of the High Court.One such attorney is Barry P. McDonald, Law Professor at Pepperdine University. In an essay, posted on The New York Times, on May 26, 2016, McDonald writes,“The Supreme Court today is both political and powerful in ways that would be unrecognizable to the framers of the Constitution. They penned a mere five sentences creating a ‘supreme Court’ and defining its jurisdiction. The judicial branch was something of an afterthought for them, because they believed that in a democracy the elected branches would be responsible for governing the country.Judicial review, in its modern sense, did not exist. As the framers envisioned it, the justices appointed to the Supreme Court would mainly interpret and apply federal law when necessary to resolve disputes involving the rights of individuals. And though the framers’ views on the court’s role in interpreting and enforcing the Constitution are the subject of debate, it seems most likely that when disputes required determining whether a federal law comported with the Constitution, the court’s interpretation was supposed to bind only the parties in the particular case — not the legislative and executive branches generally.Over time, however, and especially from the mid-20th century on, the court’s vision of its role in our democratic system changed, from dispute resolver to supreme arbiter of all matters of constitutional law, so that elected branches of government at federal and state levels were bound to accept its interpretations. The American people largely went along with this accretion of power. But they surely never anticipated that eventually, many politically charged and contestable questions — for example, whether the Constitution guarantees the right to possess guns, to have an abortion, to allow gay couples to marry, or to allow corporations to spend money to help elect our political representatives — would be decided by one unelected justice who straddled political voting blocs on the court.This is democratic folly.”And, in a follow-up article posted in the Times, on October 11, 2018, Barry McDonald, writes,“When the founders established our system of self-government, they didn’t expend much effort on the judicial branch. Of the roughly three and a half long pieces of inscribed parchment that make up the Constitution, the first two pages are devoted to designing Congress. Most of the next full page focuses on the president. The final three-quarters of a page contains various provisions, including just five sentences establishing a ‘supreme court,’ any optional lower courts Congress might create and the types of cases those courts could hear.”McDonald claims the founders relegated the U.S. Supreme Court to a subservient role in our Three-Branch Governmental structure. This is not only an uncommon viewpoint among scholars, and legally odd; it is demonstrably false.In the Federalist Papers Alexander Hamilton made patently clear that, on matters of Constitutional authority, the Legislative Branch must yield to the Judiciary.“No legislative act . . . contrary to the Constitution can be valid.  To deny this would be to affirm that . . . men acting by virtue of powers may do not only what their powers do not authorize, but what they forbid.  If it be said that the legislative body are themselves the constitutional judges of their own powers, and that the construction they put upon them is conclusive upon the other departments, it may be answered, that this cannot be the natural presumption, where it is not to be collected from any particular provisions of the Constitution. . . . . It is more rational to suppose that the courts were designed to be an intermediate body between the people and the legislature, in order to keep the latter within the limits assigned to their authority. The interpretation of the laws is the proper and peculiar province of the courts.”– Excerpt from Federalist Paper No. 78, written by Alexander Hamilton and published in 1788, part of the founding era’s most important documents explaining to the people the nature of the Constitution then under consideration for ratification. See the article in constitutionalcenter.org. The article also cites to one of the Barry McDonald articles for comparison and contrast.Hamilton’s essay in Federalist Paper No. 78 is an outright repudiation of  McDonald’s remarks about the U.S. Supreme Court. See citations, supra.U.S. Supreme Court Justice, John Marshall was certainly aware of Alexander Hamilton’s remarks in the Federalist, when he drafted his opinion in Marbury vs. Madison, 5 U.S. 137 (1803). The case is a mainstay of Constitutional Law, taught to first-year law students and one of the most important cases in American jurisprudence.The case lays out clearly and categorically the vital role played by the U.S. Supreme Court in our Three-Branch Federal Governmental system.In no uncertain terms, John Marshall, made definitely and definitively clear that it is for the Judiciary, not the Legislature, to determine the constitutionality of Congressional Statutes. We cite below a portion of  Justice Marshall’s erudite opinion.“If an act of the legislature, repugnant to the constitution, is void, does it, notwithstanding its invalidity, bind the courts, and oblige them to give it effect? Or, in other words, though it be not law, does it constitute a rule as operative as if it was a law? This would be to overthrow in fact what was established in theory; and would seem, at first view, an absurdity too gross to be insisted on. It shall, however, receive a more attentive consideration.

It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular cases, must of necessity expound and interpret that rule. If two laws conflict with each other, the courts must decide on the operation of each.

The judicial power of the United States is extended to all cases arising under the constitution.Could it be the intention of those who gave this power, to say that, in using it, the constitution should not be looked into? That a case arising under the constitution should be decided without examining the instrument under which it arises?

This is too extravagant to be maintained.”

Progressives pretend the U.S. Constitution is capable of shapeshifting. It isn’t.That doesn’t bother them, though, because they intend to eliminate the Constitution. Referring to it now, as they must, just to destroy it, and creating something novel, more to their liking—a thing subordinated to international law or edict, and subject to change as whim or chance dictates—that's what they they have in mind.In the interim, they force it to cohere to their precepts, agenda, and goals, all of which are antithetical and anathema to the Constitution, as written.In the naked attempt to knead the Constitution as if it were a lump of clay, they show their hand.Trivializing the role of the Court because they can’t easily control it and going after a U.S. Supreme Court Justice they don’t like because he defends a natural law right they don’t agree with, Progressives proclaim to all the world their shameless contempt for Nation, Culture, History, Heritage, Constitution, Ethos, Ethic, and People.They dare disparage us. Yet, it is we, true American Patriots, who rightfully ought to visit derision on them.______________________________________________*The expression ‘Progressive’ as with the expression, ‘Liberal,’ (less so with the expressions, ‘Marxist,’ ‘Neo-Marxist,’ or ‘Classical Marxist’) do not have precise and rigid definitions, due in part, perhaps, to the ubiquity and popularity of the first two terms in the Democratic Party vernacular.Most Democrats, it is here presumed, prefer use of ‘liberal’ as applied to them. And some no doubt prefer the term ‘Progressive,’ as an acknowledged more extreme version of ‘Liberal,’ and they take the label as a note of pride. See article on the website, thisnation.com.But most, if not all, Democrats avoid the appellation ‘Marxist,’ at least publicly, even if that label is most in line with their ideological beliefs, social, political, and economic, and demonstrated in their actions. They might use that expression amongst themselves even if they dare not refer to themselves as ‘Marxist’ in public and would deny the description vehemently if the label is thrust on them by an outsider. For this article, we are staying with the expression, ‘Progressive,’ as it aligns most closely with the theme of the article and apropos of references made in it.____________________________________Copyright © 2023 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.

ANTONYUK VS. NIGRELLI (ANTONYUK II): IS THIS CASE DESTINED TO BE THE FOURTH SEMINAL U.S. SUPREME COURT PRONOUNCEMENT ON THE SECOND AMENDMENT OF THE BILL OF RIGHTS?

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IMPORTANT NOTE TO OUR READERS: THE ARTICLE  POSTED YESTERDAY UNDER THE TITLE, "THE MEANING OF THE SECOND AMENDMENT IS CLEAR, AND THE U.S. SUPREME COURT HAS SPOKEN, BUT THE BIDEN ADMINISTRATION AND NEW YORK GOVERNOR HOCHUL HAVE OTHER PLANS," HAS UNDERGONE A SUBSTANTIAL REWRITE, TO SUCH AN EXTENT, THAT WE FELT IT BEST TO POST THIS NEW ONE AS A DISTINCT ARTICLE, AND WITH AND UNDER A NEW BANNER. WE HAVE KEPT THE ORIGINAL ARTICLE, AS POSTED, TO BE FAIR TO ALL OUR READERS. YOU MAY WISH TO COMPARE THE TWO. BUT, IF YOU FIND DISCREPANCIES IN POINTS MADE, BE ADVISED THAT THIS INSTANT ARTICLE CONTROLS. IT REPRESENTS OUR SOLE POSITION AND PERSPECTIVE ON THE MATTERS DISCUSSED. THANK YOU.

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POST-BRUEN—WHAT IT ALL MEANS AND WHAT ITS IMPACT IS BOTH FOR THOSE WHO SUPPORT AND CHERISH THE RIGHT OF THE PEOPLE TO KEEP AND BEAR ARMS AND THOSE WHO DO NOT; THOSE WHO SEEK TO UNDERMINE AND EVENTUALLY DESTROY THE EXERCISE OF THE RIGHT AND THOSE WHO SEEK TO PRESERVE AND STRENGTHEN THE RIGHT BOTH FOR THEMSELVES AND THEIR DESCENDANTS

MULTI SERIES

PART TWENTY

SUBPART ONE OF PART TWENTY

THE MEANING OF THE SECOND AMENDMENT IS CLEAR, AND THE U.S. SUPREME COURT HAS SPOKEN, BUT THE BIDEN ADMINISTRATION AND NEW YORK GOVERNOR HOCHUL HAVE OTHER PLANS

PART ONE{INTRODUCTORY QUOTATION}“The Constitution shall never be construed to prevent the people of the United States who are peaceable citizens from keeping their arms.” ~Samuel Adams, American Statesman and Founding FatherThe importance of Heller, McDonald, and Bruen cannot be overstated. These cases, together, establish the Court’s recognition of, one, the immutable, eternal right of the people to keep and bear arms, two, that this right shall not be infringed, and, three, that the armed citizenry is necessary to the security of a free State.The existence of and maintenance of a free Constitutional Republic is impossible without a well-armed citizenry.To understand where we are, at the start of a new year, we must retrace our steps back to 2020.Biden and the Democrat Party will up the ante in their attack on the Second Amendment. That is indisputable.In 2022, this assault on the right to armed self-defense against the predatory beast, predatory man, and, worst of all, predatory Government, became manifest.In early February 2021, we pointed out, in our article, titled, “The Biden Plan for the Political and Social Remaking of the American Landscape,” that——“During his first two weeks in Office, Joe Biden signed over 40 executive orders or similar executive edicts. And he isn’t done. A few days into February and we can expect to see 50 or more Presidential executive orders and other edicts.” This is unheard of.For comparison, we pointed to a news report published in February 2021, positing that,“President Donald Trump signed four in his first week in 2017; President Barack Obama signed five in 2009; President George W. Bush signed none in his first week in 2001; and President Bill Clinton signed one in 1993.”Apparently, Biden and the puppet masters who control him would waste no time reversing the gains Trump had made in setting the Nation back on course, consistent with the aims of the founders of our Nation: To maintain a strong and independent, sovereign Nation-State, and free Constitutional Republic.The Neoliberal Globalists have reverted to their agenda, set in motion by George Bush and Barack Obama, aimed at dismantling a free Republic and eliminating the exercise of Americans’ natural law rights through which the citizenry maintains its lawful sovereign authority over the Nation and Federal Government, and over its own destiny.Also, in that February 2021 article, the reporter pointed out that——“The twin issues of ‘guns’ and ‘gun violence’ will be much discussed in the weeks and months ahead. That much is certain.Will Biden sign an executive order banning assault weapons’ and will he sign a flurry of other antigun laws as well, not bothering to wait for Congressional enactments?Don’t think this is improbable. In fact, with all the banter of gun-toting ‘white supremacists’ and right-wing ‘domestic terrorists’ and with thousands of National Guard troops camped out in the U.S. Capital, and with the constant denigration of and growing suppression of conservative dissent, something is definitely afoot. In fact, the Democrat Party propaganda machine is in overdrive. The propagandist newspaper, NY Times, for one, has laid the groundwork for an assault on ‘guns.’”Our remarks and those in the news article were prescient.In June 2022, due to Congressional Democrats and scurrilous Congressional Republicans, Biden “signed into law into law the first major federal gun reform in three decades, days after a decision he condemned by the Supreme Court expanding firearm owners’ rights.” See the article in Reuters.Dutifully, compliantly obeying the orders of his Administrative nursemaids and caretakers, who themselves take orders from shadowy, sinister forces from on high, the Biden puppet also took aim at the millions of civilian citizens who own and possess semiautomatic weaponry and components of the weapons.But what is especially important here is a remark Biden conveyed to the Press, as reported by Reuters, in that same June 2022 article.“‘The Supreme Court has made some terrible decisions.’” The demented fool probably didn’t know what specific U.S. Supreme Court cases his caretakers ordered him to refer to. No matter. All Americans should know. And America’s Patriots do know.One was Dobbs vs. Jackson Women’s Health. The other was NYSRPA vs. Bruen. Both decisions are important. But, of the two, the latter is much more important. The latter case pertains directly to the security of a free State. The former does not.NYSRPA vs. Bruen is the latest in a Supreme Court jurisprudential “trilogy” of seminal Second Amendment cases. Yet, the Biden Administration and some State Governments have openly defied the U.S. Supreme Court, and, worse, have openly demonstrated visible contempt for the High Court.At both the Federal Level and State Levels, powerful malevolent and malignant forces have directed their assault on America’s Second Amendment. Biden and New York Governor Kathy Hochul are the public faces behind shadowy orchestrators, passing along orders surreptitiously to their puppets.Our Free Constitutional Republic is in dire jeopardy.New York State Government and actions of other States since Bruen demonstrate all the fervor, ferocity, and audacity of those State governments to go their own way, blatantly disregarding Bruen as they disregarded Heller and McDonald. This has resulted in a plethora of new litigation against the States by Americans who desire only to exercise their natural law right to armed self-defense.The number of cases filed and progression of post-Bruen case law decisions in New York, alone, point to Americans’ adoration of the natural law right to armed self-defense and to the extraordinary lengths they will go to compel rogue States to adhere to both the plain meaning of the Second Amendment and to those U.S. Supreme Court rulings cementing the Second Amendment in the American psyche.This points to a tremendous disconnect between the Country Americans know and love, and an alien, monstrous non-nation the Biden Administration and many States, in league with the Biden Administration, wish to thrust on Americans, against their will.__________________________________________

A TREMENDOUS CLASH IS AT HAND BETWEEN THE U.S. SUPREME COURT RULINGS IN BRUEN AND THE NEW YORK GOVERNMENT’S REPUDIATION OF BRUEN

SUBPART TWO

{INTRODUCTORY QUOTE}“It is the greatest absurdity to suppose it in the power of one, or of any number of men, at the entering into society to renounce their essential natural rights.” ~ Samuel Adams, American Statesman, and Founding FatherOnce the U.S. Supreme Court published the Bruen decision, the Hochul Government, anticipating the decision, was prepared for it. It had been prepared for the Bruen decision for months. The State Senate in Albany quickly enacted amendments to its Gun Law, designed to operate in defiance of the rulings and to further constrain the exercise of the right of the people to keep and bear arms, and Governor Hochul immediately signed the amendments into law. Holders of valid New York concealed handgun carry licensees reviewed the amendments as quickly as Hochul had signed them into law. They were not amused. And they were the first out of the gate, in any jurisdiction, to challenge the constitutionality of those lengthy amendments to the New York Gun Law, which, as a body, were referred to as the “Concealed Carry Improvement Act” (“CCIA”).The Bruen decision came down on June 23, 2022. Hochul signed the CCIA into law on July 1, 2022. And Plaintiffs filed their case, Antonyuk vs. Bruen (Antonyuk I) on July 11, 2022.Since then, both Antonyuk I and a plethora of other cases wended their way through New York’s Federal Courts. But none are more important than that first case, as it is the first one to make its way to the U.S. Court of Appeals for the Second Circuit, and the first one to receive a response from the U.S. Supreme Court since its rulings in NYSRPA vs. Bruen.After the U.S. District Court for the Northern District of New York dismissed Antonyuk I, without prejudice, Plaintiff Ivan Antonyuk and other holders of valid New York handgun carry licenses filed a new case, on September 20, 2022 (Antonyuk II). That case was recaptioned Antonyuk vs. Hochul. And, after the Court dismissed Hochul out as a Party Defendant, and, after a new Superintendent of the New York State Police, Steven Nigrelli, took over from the previous Superintendent of the New York State Police, Kevin Bruen, the Plaintiffs’ recaptioned the case, Antonyuk vs. Nigrelli.The U.S. District Court for the Northern District of New York granted the Plaintiffs’ Preliminary Injunction, staying the execution of Hochul’s CCIA on November 7, 2022.One day later, coincidentally, the date of the Midterm Elections, November 8, 2022, the New York Government filed its Motion to the U.S. Court of Appeals, seeking relief from the PI, and the Second Circuit granted the relief the Government sought, on November 15, 2022, staying the PI, allowing execution of the CCIA during the pendency of the merits of the PI. Four days later, the Plaintiffs, NY concealed handgun carry licensees filed their own response to the lifting of the Stay.After the Second Circuit issued its ruling reversing the District’s granting of the Plaintiffs’ Preliminary Injunction. The Second Circuit modified its order minimally. The PI remained, stayed. See the Arbalest Quarrel article, posted on December 14, 2022, for details.The Plaintiffs appealed the Second Circuit’s ruling, requesting relief from the U.S. Supreme Court.As pointed out by John Crump, in an article posted on Ammoland on December 28, 2022, the U.S. Supreme Court, on December 27, 2022, demanded a response from the Second Circuit.Justice Sotomayor issued a short “request.” Note: the term ‘request’ means the High Court isn’t ordering Hochul’s Government to respond to the Plaintiff’s Application for Relief, but a “request,” having been made, obviously encourages the Government to respond.Sotomayor’s directive reads:“Response to application (22A557) requested by Justice Sotomayor, due by 4 p.m. (EST), Tuesday, January 3, 2023.”Sotomayor’s Order is in reference to the Plaintiffs’ filing of December 21, 2022, titled,“Emergency Application For Immediate Administrative Relief And To Vacate Stay Of Preliminary Injunction Issued By The United States Court Of Appeals For The Second Circuit.”In their filing, the Plaintiffs assert,“Without providing any analysis or explanation, the Second Circuit has stayed a preliminary injunction issued by a federal district court in New York that was carefully designed to limit New York’s enforcement of a sweeping gun control statute, enacted as retaliation against New York gun owners for having prevailed in this Court’s decision in N.Y. State Rifle & Pistol Ass’n v. Bruen, 142 S. Ct. 2111 (2022). The district court’s injunction was supported by a detailed 184-page opinion, meticulously tailored to follow this Court’s framework established in Bruen. In contrast, the Second Circuit’s stay pending appeal was issued based only on a single conclusory assertion, yet with the effect of indefinitely suspending the protections afforded New Yorkers by the Second Amendment and affirmed by this Court in Bruen. The Second Circuit’s stay should be vacated in order to uphold the right of New Yorkers to keep and bear arms, as well as to vindicate the authority of this Court over the circuit courts. This Court’s Opinion in Bruen was issued on June 23, 2022. Only hours later, New York Governor Hochul promised to ‘fight back’:We just received some disturbing news . . . the Supreme Court . . . has stripped away the State of New York’s right and responsibility to protect its citizens . . . with a decision . . . which is frightful in its scope of how they are setting back this nation. . . . This decision is not just reckless, it’s reprehensible. It’s not what New Yorkers want, and we should have the right of . . . what we want to do in terms of gun laws in our state. . . . [O]ur governor has a moral responsibility to do what we can . . . because of what is going on, the insanity of the gun culture that has now possessed everyone up to the Supreme Court. . . . We’ve been ready for this . . . We’ve been working with a team of legal experts . . . I’m prepared to call the legislature back into session. . . . We are not going to cede our rights that easily, despite the best efforts of the politicized Supreme Court. . . . No longer can we strike the balance. . . Shocking. They have taken away our rights. . . . This is New York. We don’t back down. We fight back. . . . I’m prepared to go back to muskets. . . . We’re just getting started here. Just eight days later on July 1, 2022, the New York Legislature responded to Governor Hochul’s call to defy this Court’s authority and resist Bruen’s protection of Second Amendment rights, enacting the Concealed Carry Improvement Act (“CCIA”). After extensive briefing, a hearing, and oral argument, the district court enjoined portions of the CCIA in a 184-page opinion. Shortly thereafter the Second Circuit, without providing any reasoning or analysis, granted New York’s request first for a temporary administrative stay, and then a stay pending appeal, allowing New York’s repudiation of Bruen back into effect without so much as a brief explanation.”The key to the Plaintiffs’ argument supporting relief from the Second Circuit’s perfunctory decision is the lack of reasoning of the Second Circuit for overriding the District Court’s analysis of the“Four-Factor” test, and the High Court is requesting the Government, and, obliquely, the Second Circuit itself, for an explanation of its reasoning behind the lifting of the PI stay of execution of the CCIA.In its comprehensive Opinion, the District Court determined the Plaintiff New York Concealed Handgun Carry Licensees proved that awarding the PI is warranted.The U.S. Supreme Court is of course well versed in the District Court’s comprehensive rulings, supporting its granting of Plaintiffs’ PI. And the High Court is well aware of the Second Circuit’s curt reversal of the lower Court’s decision.The U.S. Supreme Court’s unusual “request,” directed to the New York Government, is also aimed at the Second Circuit. The High Court is asking the Government, essentially a surrogate for the Second Circuit, here, to explain why the District Court’s comprehensive, logical, rational opinion, supporting its granting of the Preliminary Injunction, should be considered erroneous.Since the Second Circuit’s reversal of the District Court’s well-reasoned opinion granting the PI, is cryptic or, otherwise, meaningless, the U.S. Supreme Court has asked the Government to step in and explain why the U.S. District Court’s granting of the PI, staying enforcement of the CCIA should not be reinstated.This request mirrors the Plaintiffs’ Application to the Second Circuit, requesting an explanation for its curt reversal of the District Court’s granting of the Plaintiffs’ PI, sans any reason for lifting the Stay of the CCIA, imposed by the District Court.See our article titled, “New York’s Gun Law: A History Of & Present Status Of The Antonyuk Case,” posted on Ammoland Shooting Sports News, posted on December 28, 2022.The U.S. District Court for the Northern District of New York issued a Preliminary Injunction against enforcement of the CCIA because,

• The Plaintiff New York State Concealed Handgun Carry Licensees are likely to succeed on the merits.
• The Plaintiffs will suffer irreparable injury absent a stay of the
• The Government is unlikely to incur substantial injury through a stay of enforcement of the CCIA during the review of the merits of the Plaintiffs' case against the New York Government.
• The public interest is so great and so grave that enforcement of the Government’s CCIA should be stayed pending the resolution of the Plaintiffs’ Preliminary Injunction.

That the Second Circuit lifted the stay not only allows enforcement of the CCIA, before the merits of the case are decided but disturbingly suggests the Second Circuit will ultimately find for the Government. This means, at first glance, at least, that the Second Circuit won’t issue a permanent injunction against enforcement of the CCIA but will find the CCIA Constitutional when it isn’t. But this is unlikely. We explain why in a subsequent article.One thing is clear. The New York Government, and, by extension, the Second Circuit—one through weak argument, and the second through a lame judicial order—have admitted they detest the Second Amendment, and are contemptuous of both the rulings in Bruen. And, further, that Governor Hochul, to her everlasting shame, expressed her personal disdain for the Court Majority that issued the rulings, thereby exhibiting her defiance of the U.S. Constitution, her contempt for the Nation, as an independent sovereign Nation-State and free Constitutional Republic, and her loathing of the people who happen to cherish their God-Given fundamental, unalienable, immutable, illimitable, unmodifiable, and eternal, and absolute right to armed self-defense.But let Hochul rant and rave. The New York State Government and the Second Circuit are behind the eight-ball, now.The U.S. Supreme Court knows there is no logical and legal reason to allow for the enforcement of an unconstitutional Gun Law. And the High Court is nudging the Government to admit that fact.The Government need not respond to Justice Sotomayor’s unusual directive, as it is a “request,” not an order. But, obviously, Justice Sotomayor has encouraged the Government to respond, as failure to respond serves as a silent affirmation of the unconstitutionality of the CCIA.We consider in our next article the options open to the Government and the ramifications of their action, or non-action. The New York Government’s response—if there is one—must be filed by late afternoon, Tuesday, January 3, 2023. ___________________________________

THE NEW YORK STATE GOVERNMENT MUST EXPLAIN ITSELF TO THE U.S. SUPREME COURT: THE FATE OF MILLIONS OF NEW YORK GUN OWNERS HANGS IN THE BALANCE, AND THE CLOCK IS TICKING

SUBPART THREE

{INTRODUCTORY QUOTE}“A general dissolution of principles and manners will more surely overthrow liberties of America than the whole force of the common enemy. While the people are virtuous, they cannot be subdued; but when once they lose virtue then will be ready to surrender their liberties to first external or internal invader.”~ Samuel Adams, American Statesman, and Founding FatherThe Plaintiff holders of New York handgun carry licenses requested clarification of the Second Circuit’s terse and vacuous, perfunctory order that overturned the U.S. District Court’s granting of their Preliminary Injunction, staying enforcement of the Government’s Concealed Carry License Improvement Act (CCIA).Concerned with an unsatisfactory order lacking any decipherable explanation for its decision staying the Preliminary Injunction, allowing enforcement of Hochul’s amendments to New York’s Gun Law during the pendency of Antonyuk vs. Nigrelli, the Plaintiffs brought their grievance to the U.S. Supreme Court.The High Court accepted the Plaintiffs’ Application for Relief. The Government has precious little time to offer a response, although it need not do so. But, the Second Circuit has provided the New York Government until 4.00 PM, Tuesday, January 3, 2023, to issue its response if it wishes to do so.The procedural tool the Plaintiffs used to secure U.S. Supreme Court intervention here is called the “All Writs Act,” codified in 28 USCS § 1291. And the application of it is often a tortuous mess. The High Court didn’t rule on its efficacy of it here, but it served its purpose.As one legal writer said of the “All Writs Act,”“The prevailing doctrinal landscape is principally a product of two mid-twentieth-century judicial innovations: (1) the collateral order doctrine, which expands the meaning of the term ‘final decision’ for purposes of 28 U.S.C. § 1291; and (2) appellate mandamus, which allows the federal courts of appeals to review interlocutory orders by issuing writs of mandamus under the All Writs Act, The current system has been subject to much criticism: ‘hopelessly complicated,’  ‘legal gymnastics,’ ‘dazzling in its complexity,’ ‘unconscionable intricacy’ with ‘overlapping exceptions, each less lucid than the next,’ ‘an unacceptable morass,’ ‘dizzying,’ ‘tortured,’ ‘a jurisprudence of unbelievable impenetrability,’ ‘helter-skelter,’ ‘a crazy quilt, ‘a near-chaotic state of affairs,’ a ‘Serbonian Bog,’ and ‘sorely in need of limiting principles.’ In the face of such criticism, the prevailing doctrine on appellate jurisdiction has proven to be surprisingly immune from reform.” “Reinventing Appellate Jurisdiction,” 48 B.C. L. Rev. 1237, November 2007, by Adam N. Steinman, Professor of Law, University of Cincinnati, College of Law, J.D. Yale Law School.” The High Court didn't rule on the applicability of the “All Writs Act,” thereby tacitly accepting jurisdiction to handle the matter set forth in the Plaintiffs' Application for Relief. And the High Court sent a clear message to the New York Government and, by extension, a silent message to the U.S. Court of Appeals for the Second Circuit as well.The stakes are high, for everyone, Plaintiff New York Concealed Handgun Carry Licensees and Defendant New York Government Officials and Officers, and the matters involved impact the entire Nation, both the American People and other State Governments, and the Federal Government, too. You can bet that Justice Sotomayor’s Order placed a damper on New York Governor Kathy Hochul’s New Year’s Eve and New Year’s Day Holiday festivities. And Hochul’s Attorney General, Letitia James, and her staff of lawyers could not have been any happier.Although, as we pointed out, supra, the Defendant New Y0rk Government need not respond to Justice Sotomayor’s directive as it is only a “request” for a response, not an “order” demanding a response, unusual as this “request” is, it would be remiss of the Government to ignore this request. The issuance of even a seemingly benign request, any item coming from the U.S. Supreme Court is to be taken seriously, and in some cases, as here, cause for alarm. And Hochul's Government would be wise to respond to it, even if it isn't required to do so, as the New York Handgun license scheme licensing in place for well over one hundred years is on the line even if it doesn’t appear at the moment to be in jeopardy. It most definitely is.Whether the Government responds or not, however, various scenarios play out. We start with these three observations:First, the U.S. District Court for the Northern District of New York realized the CCIA was not only blatantly unconstitutional but, as it is the Government’s response to the NYSRPA vs. Bruen, the CCIA operates as a blatant slap in the face to the High Court.Second, Hochul and the Democrat Party-controlled Legislature in Albany basically told the U.S. Supreme Court to go to Hell. And while the District Court had no intention of playing that game of kowtowing to the New York Government any longer, the Second Circuit did so, lifting the PI Stay, but with an inadequate explanation because, obviously, there isn't one to be made.Third, The persistent problem for both the New York Government and the Second Circuit, is that the District Court’s findings were not wrong, which is why the District Court granted the PI. That fact also explains why the Second Circuit issued a perfunctory order, not dealing directly with the District Court’s findings. The Second Circuit could not rationally explain how the District Court’s application of the “Four-Factor” test was erroneous, but it didn’t want to rule against the Government. So, it issued a lame order.The Government and the Second Circuit might have expected the Plaintiffs would appeal the adverse action of the Second Circuit to the U.S. Supreme Court, but it probably felt the High Court would not accept the Plaintiffs’ application, inferring that there is no tenable basis for the High Court to entertain an interlocutory order here. Indeed, the Plaintiffs probably struggled to find a jurisdictional basis. The best thing, apparently the only thing, the Plaintiffs could come up with was the “All Writs Act” which is a wild stab at getting the U.S. Supreme Court’s attention. But it worked. The High Court wasn't going to stand on ceremony here. And, some credible basis could be made, if the High Court wished to deal with the applicability of the “All Writs Act,” jurisprudentially and jurisdictionally, as the application of it has expanded exponentially through time (so why not here?), the issues are so compelling that the High Court cut to the chase. The implication of the importance of Antonyuk vs. Nigrelli is clear from the fact that the U.S. Supreme Court issued an order qua “request” at all, on an interim, interlocutory matter. The New York Government and the Second Circuit felt smug. They both knew or would have, at least, surmised that the Plaintiffs would file their Application for Relief from the Second Circuit's Order, but both apparently, believed, erroneously, that the High Court would reject the Plaintiffs’ Application out of hand. They were wrong if they held such notions.The U.S. Supreme Court didn’t rule on the application of the All Writs Act. It did an end run around it, simply “requesting,”—inviting, but not demanding—the New York Government to respond to the Plaintiffs’ Application for Relief from the Second Circuit’s stay of the Preliminary Injunction. That the High Court has at least invited the Government to respond is bad enough for the Government.What will Hochul’s Government do?The Government need not do anything. The High Court isn’t demanding a response from the Government. It only “requests” a response.Suppose the Government refrains from responding to Justice Sotomayor’s “request,” and takes its chances, relying on the decision of the Second Circuit that reversed the District Court, allowing enforcement of the CCIA during pendency —essentially doubling down on the Second Circuit’s weak Order.This would not bode well for the Government. The High Court could have remained aloof. It could have rebuffed the Plaintiffs’ application for relief from the Second Circuit’s Order. In that event, the High Court would have denied the Application outright. The CCIA would remain in force, and the PI stayed during the pendency. But the High Court didn’t do that.In requesting a response from the Government, the High Court had, in a non-positive way, manifested an interest in the Plaintiffs’ arguments, suggesting that the Plaintiffs’ arguments, supporting its Application for relief from the Second Circuit’s decision staying the PI, have merit. So the Government is obliged to respond.But then, why didn’t the High Court formally take the case up and issue an interlocutory order reversing the Second Circuit’s decision, sua sponte, i.e., on its own motion, affirming the District’s decision, and granting the PI? In that event, enforcement of the CCIA would be stayed, pending resolution of the merits, after which the losing party, having in hand a final order, could appeal a final decision to the U.S. Supreme Court for a full hearing of the Antonyuk vs. Nigrelli case, on the merits. Perhaps, the U.S. Supreme Court, at the moment, at least, wishes to be tactful, and diplomatic. And, so, the Government is tactically compelled to respond. It must take the High Court’s “request” as at least a tacit demand for a response, and for good reason.For, if the Government fails to respond, the High Court will likely, ipso facto, reverse the Second Circuit’s decision. The Government is, then, just asking for trouble by cavalierly failing to respond to the “request.”The Government, from years of experience, would have reason to expect the Second Circuit would kowtow to it, rubber-stamping the most outrageous Government actions, even as the lower Federal District Court made clear it was no longer going to play that game. This came as a surprise to Hochul. And she continually misconstrues the District Court's intent, refusing to acknowledge that the Court's orders mean what they say. This became blatantly clear in Hochul's remarks to the public after the U.S. District Court for the Northern District of New York dismissed Antonyuk vs. Bruen (Antonyuk I), inferring, wrongly, that the dismissal of the case, without prejudice, constituted an outright win for the Government. Hochul apparently failed to peruse, or, otherwise, she dismissed the reasoning of the Court. The Court made abundantly clear that the major, substantive portions of the CCIA are patently illegal, inconsistent with the plain meaning of the Second Amendment to the U.S. Constitution, and inconsistent with the rulings of the U.S. Supreme Court in NYSRPA vs. Bruen. No matter. The District Court dismissed the case. And for Kathy Hochul that is ALL THAT MATTERED to Hochul. Had she spent a little time reflecting on the content of the Opinion, she would know the Court had dismissed the case due to a standing issue of one of the Party Plaintiffs, and that matter could be rectified by simply filing a new case setting out the same allegations. Thus, the District Court tacitly encouraged the Plaintiff, Ivan Antonyuk, in the Plaintiffs' capacity as an injured individual, to file a new case against the New York Government. And Ivan Antonyuk did just that. That case, Antonyuk vs. Nigrelli (Antonyuk II), has come to bite Hochul, like an angry tiger, on her behind, and that tiger is not letting go.It is one thing for Governor Hochul to expect the New York Courts to kowtow to the New York Government on Second Amendment matters, as it has consistently done through the many years and decades. And the Second Circuit has done so, and the District Court has not, even if Hochul wishes to delude herself to think otherwise OR otherwise expect, as, at the moment, has panned out, that the higher U.S. Court of Appeals for the Second Circuit will override the lower U.S. District Court's rulings. But, it is quite another thing entirely to expect the U.S. Supreme Court to do the same, to kowtow to the Government, knowing that Justice Sotomayor, along with a couple of other Associate Justices, is a diehard liberal-wing Justice, sharing the same ideology, abhorring the Second Amendment no less so than the New York State Government and the Second Circuit, and will therefore keep the High Court Conservative wing in check. No! Where, as here, the institution of the U.S. Supreme Court is threatened, the Justices will band together to preserve the sanctity of the High Court. That was true up to the present time. But with Biden's nominee to the High Court, now confirmed and sitting on the High Court, Ketanju Brown Jackson, it may very well be that a long-standing venerable institution is in danger of losing its integrity upon which it has heretofore remained a truly independent Branch of Government.Therefore, as for the matter at hand, Justice Sotomayor is not about to take action in a manner blatantly inconsistent with the U.S. Supreme Court Bruen rulings, even if she, along with a few other Justices, tends, ideologically, to be sympathetic to the Government's position on the Second Amendment.Thus, the Parties to the action here will be placed in the same position they were in before the Second Circuit’s action. The Second Circuit will be compelled to review the merits of the PI with enforcement of the CCIA stayed during the pendency of a decision on the merits of the case. Nonetheless, the New York Government ought to respond and, it is our prediction, will respond to Justice Sotomayor's “request.”  It must respond or incur the wrath of the U.S. Supreme Court that will take a non-response as yet one more personal slight, adding to a plethora of previous indignities that the miscreant, Kathy Hochul, showered on the Court.   As this article goes to posting, at the end of the business day, January 3, 2023, the New York Government has filed its response to Justice Sotomayor's “request,” pulled up from the U.S. Supreme Court docket. The filing is viewable as a PDF.AQ will study it shortly. Given the short time that the Government had available to it, to respond to Justice Sotomayor's, “request,”  the Government has probably reiterated the points made in its original response to the District Court’s decision, granting the PI, staying enforcement of the Government’s CCIA, and will hope for the best. What happens now?We consider the possibilities in depth, in the next article.______________________

NEW YORK GOVERNOR HOCHUL IS CAUGHT BETWEEN A ROCK AND HARD PLACE AND SHE HAS NO ONE TO BLAME FOR THIS BUT HERSELF

SUBPART FOUR

{INTRODUCTORY QUOTE}“The liberties of our country, the freedoms of our civil Constitution are worth defending at all hazards; it is our duty to defend them against all attacks. We have received them as a fair inheritance from our worthy ancestors.” ~ Samuel Adams, American Statesman, and Founding FatherNow that New York Governor Kathy Hochul has responded to Justice Sotomayor’s “Response to application (22A557) requested by Justice Sotomayor, due by 4 p.m. (EST), Tuesday, January 3, 2023,” which has just been filed, viewable on the SCOTUS docket, the question is, what happens now? What will the U.S. Supreme Court do?This much we surmise:Justice Sotomayor will act, but she won’t act on her own. Likely, she can’t act on her own. The entire Court must resolve the matter, and it will resolve the matter.The High Court will review and analyze both the Plaintiffs' Application for Relief, previously filed, and titled, “Emergency Application For Immediate Administrative Relief And To Vacate Stay Of Preliminary Injunction Issued By The United States Court Of Appeals For The Second Circuit”, and the Defendant New York Government's Response to the Plaintffs' Application for Relief, titled, “Brief For Respondents In Opposition To Emergency Application For Immediate Administrative Relief And To Vacate Stay Of Preliminary Injunction Issued By The U.S. Court Of Appeals For The Second Circuit.” In rendering its decision, the High Court will likely utilize New York’s own “Four-Factor” standard, devised by the New York Federal Courts to ascertain if a Preliminary Injunction (PI) is warranted or not.Applying New York’s own test, the High Court will determine whether to lift the stay or retain the stay on enforcement of the CCIA during the pendency of a final decision on the PI. The case will then be returned to the Second Circuit for the ultimate resolution of the PI.AQ anticipates that the High Court will waste little time on this, and will render a decision within the next few days or within a week or two at the latest.Likely the High Court will find the District Court’s ruling, granting the Plaintiffs’ PI, warranted and will order the Second Circuit to stay execution of the CCIA while the Second Circuit hashes out the substantive merits of the case.One might think the Second Circuit would find against the Plaintiffs, on the merits, given the Court’s animosity toward the Second Amendment as illustrated in its decision on the District Court’s granting of the Preliminary Injunction. But will it do this? Suppose it does. What then? Plaintiffs will immediately appeal the adverse decision to the U.S. Supreme Court. And the U.S. Supreme Court would take the case up. There is no doubt about that. The U.S. Supreme Court would take the case up because Antonyuk vs. Nigrelli directly affects the High Court’s earlier decision in NYSRPA vs. Bruen. That is something neither the New York Hochul Government, nor the Second Circuit would want. For, the High Court would find that the CCIA, either in full or in substantial part, does not comply with the High Court’sBruen rulings. The High Court would thereupon strike the CCIA down.This would place Hochul Government in a much worse position than it was in when theBruen rulings first came down on June 23, 2022. Hochul should not have toyed with the High Court, pretending to comply with the Court’s Bruen rulings, all the while machinating to further constrain and constrict the exercise of the citizen’s right to armed self-defense. But Hochul thought she knew better. She didn’t. Instead, she stuck her foot well down her throat, and there it remains.And, once the High Court finds theCCIA unconstitutional, it could go one step further, finding the entire New York concealed handgun carry licensing structure unconstitutional. This is something it avoided in NYSRPA vs. Bruen. But, given Hochul’s contemptuous attitude toward the High Court, the gloves are off. The Court could and will take the Hochul Government to task. Strategically, then, to assist the Government, the Second Circuit would do well to find for the Plaintiffs, issuing a Permanent Injunction against enforcement of theCCIA. The Hochul Government wouldn’t dare appeal a seemingly adverse decision. That would be disastrous not only for New York, but for many other jurisdictions around the Country, including New Jersey, Illinois, California, Oregon, and Washington State, among others. Ultimately New York will have to revert to the original Gun Law, in substantial part, albeit without the “Proper Cause” requirement and without the other mischief it devised in constructing the CCIA. The Government will be compelled to issue a lot more concealed handgun carry licenses. It would be a bitter pill for the Government to swallow. But, at least, the Hochul Government will be able to keep intact some semblance of the State handgun licensing scheme, which it desires to preserve at all costs.Can Hochul do anything else, if not juridically, then politically to constrain New Yorkers from exercising their Second Amendment right? She can rant and rave to the Press, of course, which she will do anyway, and she can take her complaint to the Grand Harlequin in Chief, Joe Biden. But what the Hell can Biden do for her? Not a damn thing unless his Administration is prepared to declare martial law, arguing the U.S. Supreme Court and the Bill of Rights are now both defunct. This would lead to armed conflict throughout the Country. That is a dead certainty. The Administrative State, although powerful, isn’t omnipotent even if it thinks it is and even if many of the brainwashed legions of Americans think so, too.For, here, in our Country, unlike in the EU, in the Commonwealth Nations, or in CCP China, Americans are well-armed, tens of millions of Americans, and Americans have substantial ammunition to prevent a Neoliberal Globalist/Neo-Marxist Counterrevolution from overturning the American Revolution of 1776.History, morality, and law would all be on the side of America’s Patriots to take up arms against forces intent on thrusting a Neoliberal Globalist/Neo-Marxist Counterrevolution on the Nation.A declaration of martial law where no legitimate reason exists for invoking it—and there is none—irrefutably points to immoral and unlawful tyranny of Government.The Biden Administration would be openly guilty of this: launching tyranny of Government in the form of an illegal oligarchic conspiratorial takeover of the Government against the American people.Recall that Justin Trudeau declared martial law in Canada, for a short time. Canada has nothing remotely like a true Bill of Rights to secure freedom and liberty for common Canadians, but even that jackass was forced to back down, given a backlash in the Canadian Parliament. But he has learned from his earlier mistakes. He has since insinuated martial law in Canada incrementally, insidiously, beginning with a total ban on civilian possession of handguns. Further actions against liberty and freedom will be forthcoming. Wait and see. So much for Canada. And lots of luck with that, you Canadians!But for us, Americans, we should focus on Antonyuk vs. Nigrelli. Where is that case headed in the immediate future?The High Court will issue its order, sending the case back to the Second Circuit, but likely reaffirming the District Court’s grant of the PI, staying enforcement of the CCIA during the pendency of the case. That is our prediction. And that benefits Plaintiffs from the get-go. Time is on their side. However long the Second Circuit takes, the CCIA will remain suspended. We also predict as we stated, supra, that the Second Circuit will affirm the District Court’s findings on the Plaintiffs’ PI and convert it to a Permanent Injunction against enforcement of the CCIA, in full or in substantial part. The Second Circuit will take that seemingly paradoxical action to salvage for the Hochul Government what it can of New York’s concealed handgun licensing structure. Otherwise, if the Second Circuit were to find against the Plaintiffs, overturning the PI, ruling the CCIA constitutional, that would serve as a final appealable order just begging for the High Court's review of the case on the substantive merits with disastrous consequences for Hochul’s Government. So, the Hochul Government is, ultimately, in a quagmire it cannot extricate itself from. And Hochul herself can’t do a damn thing about it except beat her chest, screech, and howl to the winds. And, she has only herself to blame for this. She should not have toyed with the Bruen rulings, nor should she have poured salt on an open wound, contemptuously deriding the Court for its rulings, in the process, as she openly defied the Court.So, then, the Plaintiffs are in a strong position here to secure and strengthen the natural law right codified in the Second Amendment even if that isn’t immediately evident.The Neoliberal Globalists and Neo-Marxists both here and abroad will also moan and thrash about in impotent rage as the Republic may yet survive. The question is: Will the Biden Administration dare impose martial law on the Country in the next couple of years? Not likely. Not that it wouldn’t love to do just that.But, for all the myriad ways that the Biden Administration has deliberately weakened this Country, in the first two years of its reign, reversing Trump’s triumphs, as he has strengthened our Nation, and has secured it from threats posed by obvious foes and by dubious friends, the Biden Administration would be out of its mind to attempt confiscation of arms and ammunition on an industry-wide scale. What argument could the Biden Administration rationally conjure up? Can it rationally claim national security concerns, demanding that stringent measures be taken against those gun-toting “MAGA” Americans, and claiming a desire to protect the public from this thing, “Gun Violence,” even as the Government allows, even encourages, psychopathic criminals and lunatics to run amok, preying at will on innocent Americans?Spouting endless harangues against guns and the tens of millions of Americans who cherish their natural law right to keep and bear arms is one thing. Americans are inured to that. It is nothing more than water rolling off a duck’s back. But, to demand that average Americans forsake their firearms or face the wrath of the Federal Government is something else again. That is a recipe for civil war, the likes of which this Nation hasn’t seen since the War between the Blue and Gray. And it is the Federal Government itself that would bear sole responsibility for lighting that powder keg, unleashing a new horror on the Country for which History would forever justifiably excoriate.____________________________________Copyright © 2023 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved. 

THE MEANING OF THE SECOND AMENDMENT IS CLEAR, AND THE U.S. SUPREME COURT HAS SPOKEN, BUT THE BIDEN ADMINISTRATION AND NEW YORK GOVERNOR HOCHUL HAVE OTHER PLANS

POST-BRUEN—WHAT IT ALL MEANS AND WHAT ITS IMPACT IS BOTH FOR THOSE WHO SUPPORT AND CHERISH THE RIGHT OF THE PEOPLE TO KEEP AND BEAR ARMS AND THOSE WHO DO NOT; THOSE WHO SEEK TO UNDERMINE AND EVENTUALLY DESTROY THE EXERCISE OF THE RIGHT AND THOSE WHO SEEK TO PRESERVE AND STRENGTHEN THE RIGHT BOTH FOR THEMSELVES AND THEIR DESCENDANTS

MULTI SERIES

PART TWENTY

SUBPART ONE OF PART TWENTY

{INTRODUCTORY QUOTATION}“The Constitution shall never be construed to prevent the people of the United States who are peaceable citizens from keeping their arms.” ~Samuel Adams, American Statesman and Founding FatherThe importance of Heller, McDonald, and Bruen cannot be overstated. These cases, together, establish the Court’s recognition of, one, the immutable, eternal right of the people to keep and bear arms, two, that this right shall not be infringed, and, three, that the armed citizenry is necessary to the security of a free State.The existence of and maintenance of a free Constitutional Republic is impossible without a well-armed citizenry.To understand where we are, at the start of a new year, we must retrace our steps back to 2020.Biden and the Democrat Party will up the ante in their attack on the Second Amendment. That is indisputable.In 2022, this assault on the right to armed self-defense against the predatory beast, predatory man, and, worst of all, predatory Government, became manifest.In early February 2021, we pointed out, in our article, titled, “The Biden Plan for the Political and Social Remaking of the American Landscape,” that——“During his first two weeks in Office, Joe Biden signed over 40 executive orders or similar executive edicts. And he isn’t done. A few days into February and we can expect to see 50 or more Presidential executive orders and other edicts.” This is unheard of.For comparison, we pointed to a news report published in February 2021, positing that,“President Donald Trump signed four in his first week in 2017; President Barack Obama signed five in 2009; President George W. Bush signed none in his first week in 2001; and President Bill Clinton signed one in 1993.”Apparently, Biden and the puppet masters who control him would waste no time reversing the gains Trump had made in setting the Nation back on course, consistent with the aims of the founders of our Nation: To maintain a strong and independent, sovereign Nation-State, and free Constitutional Republic.The Neoliberal Globalists have reverted to their agenda, set in motion by George Bush and Barack Obama, aimed at dismantling a free Republic and eliminating the exercise of Americans’ natural law rights through which the citizenry maintains its lawful sovereign authority over the Nation and Federal Government, and over its own destiny.Also, in that February 2021 article, the reporter pointed out that——“The twin issues of ‘guns’ and ‘gun violence’ will be much discussed in the weeks and months ahead. That much is certain.Will Biden sign an executive order banning assault weapons’ and will he sign a flurry of other antigun laws as well, not bothering to wait for Congressional enactments?Don’t think this is improbable. In fact, with all the banter of gun-toting ‘white supremacists’ and right-wing ‘domestic terrorists’ and with thousands of National Guard troops camped out in the U.S. Capital, and with the constant denigration of and growing suppression of conservative dissent, something is definitely afoot. In fact, the Democrat Party propaganda machine is in overdrive. The propagandist newspaper, NY Times, for one, has laid the groundwork for an assault on ‘guns.’”Our remarks and those in the news article were prescient.In June 2022, due to Congressional Democrats and scurrilous Congressional Republicans, Biden “signed into law into law the first major federal gun reform in three decades, days after a decision he condemned by the Supreme Court expanding firearm owners’ rights.” See the article in Reuters.Dutifully, compliantly obeying the orders of his Administrative nursemaids and caretakers, who themselves take orders from shadowy, sinister forces from on high, the Biden puppet also took aim at the millions of civilian citizens who own and possess semiautomatic weaponry and components of the weapons.But what is especially important here is a remark Biden conveyed to the Press, as reported by Reuters, in that same June 2022 article.“‘The Supreme Court has made some terrible decisions.’” The demented fool probably didn’t know what specific U.S. Supreme Court cases his caretakers ordered him to refer to. No matter. All Americans should know. And America’s Patriots do know.One was Dobbs vs. Jackson Women’s Health. Dobbs. The other was NYSRPA vs. Bruen. Both decisions are important. But the latter is much more important. The latter case pertains directly to the security of a free State. The former does not.NYSRPA vs. Bruen is the latest in a Supreme Court jurisprudential “trilogy” of seminal Second Amendment cases. Yet, the Biden Administration and some State Governments have openly defied the U.S. Supreme Court, and, worse, have openly demonstrated visible contempt for the High Court.At both the Federal Level and State Levels, powerful malevolent and malignant forces have directed their assault on America’s Second Amendment. Biden and New York Governor Kathy Hochul are the public faces behind shadowy orchestrators, passing along orders surreptitiously to their puppets.Our Free Constitutional Republic is in dire jeopardy.New York State Government and actions of other States since Bruen demonstrate all the fervor, ferocity, and audacity of those State governments to go their own way, blatantly disregarding Bruen as they disregarded Heller and McDonald. This has resulted in a plethora of new litigation against the States by Americans who desire only to exercise their natural law right to armed self-defense.This points to a tremendous disconnect between the Country Americans know and love, and an alien, monstrous non-nation the Biden Administration and many States, in league with the Biden Administration wish to thrust on Americans, against their will.The number of cases filed and progression of post-Bruen case law decisions in New York, alone, point to Americans’ adoration of the natural law right to armed self-defense and to the extraordinary lengths they will go to compel rogue States to adhere to both the plain meaning of the Second Amendment and to those U.S. Supreme Court rulings cementing the Second Amendment in the American psyche.The High Court directed its Bruen rulings to New York’s “May Issue” gun law language, apropos of the State’s “Proper Cause” requirement. But the Court’s rulings apply to other States with similar language in their Gun Laws.As one might expect, holders of valid New York concealed handgun carry licensees were the first out of the gate, in any jurisdiction, to challenge the constitutionality of amendments to the New York Gun Law, the “Concealed Carry Improvement Act” (“CCIA”). The Bruen decision came down on June 23, 2022. Hochul signed the CCIA into law on July 1, 2022. And Plaintiffs filed their case, Antonyuk vs. Bruen (Antonyuk I) on July 11, 2022.Since then, both Antonyuk I and a plethora of other cases wended their way through New York’s Federal Courts. But none are more important than that first case, as it is the first one to make its way to the U.S. Court of Appeals for the Second Circuit, and the first one to receive a response from the U.S. Supreme Court since its rulings in NYSRPA vs. Bruen.After the U.S. District Court for the Northern District of New York dismissed Antonyuk I, without prejudice, Plaintiff Ivan Antonyuk and other holders of valid New York handgun carry licenses filed a new case, on September 20, 2022 (Antonyuk II). That case was recaptioned Antonyuk vs. Hochul. And, after the Court dismissed Hochul out as a Party Defendant, and, after a new Superintendent of the New York State Police, Steven Nigrelli, took over from the previous Superintendent of the New York State Police, Kevin Bruen, the Plaintiffs’ recaptioned the case, Antonyuk vs. Nigrelli.The U.S. District Court for the Northern District of New York granted the Plaintiffs’ Preliminary Injunction, staying the execution of Hochul’s CCIA on November 7, 2022.One day later, coincidentally, the date of the Midterm Elections, November 8, 2022, the New York Government filed its Motion to the U.S. Court of Appeals, seeking relief from the PI, and the Second Circuit granted the relief the Government sought, on November 15, 2022, staying the PI, allowing execution of the CCIA during the pendency of the merits of the PI. Four days later, the Plaintiffs, NY concealed handgun carry licensees filed their own response to the lifting of the Stay.After the Second Circuit issued its ruling reversing the District’s granting of the Plaintiffs’ Preliminary Injunction. The Second Circuit modified its order minimally. The PI remained, stayed. See the Arbalest Quarrel article, posted on December 14, 2022, for details.The plaintiffs appealed the Second Circuit’s ruling, requesting relief from the U.S. Supreme Court.As pointed out by John Crump, in an article posted on Ammoland on December 28, 2022, the U.S. Supreme Court, on December 27, 2022, demanded a response from the Second Circuit.Justice Sotomayor issued a terse “request.” Note: the term ‘request’ means the High Court isn’t ordering Hochul’s Government to respond to the Plaintiff’s Application for Relief, but a “request,” having been made, obviously encourages the Government to respond.Sotomayor’s directive reads:“Response to application (22A557) requested by Justice Sotomayor, due by 4 p.m. (EST), Tuesday, January 3, 2023.”Sotomayor’s Order is in reference to the Plaintiffs’ filing of December 21, 2022, titled,“Emergency Application For Immediate Administrative Relief And To Vacate Stay Of Preliminary Injunction Issued By The United States Court Of Appeals For The Second Circuit.”In their filing, the Plaintiffs assert,“Without providing any analysis or explanation, the Second Circuit has stayed a preliminary injunction issued by a federal district court in New York that was carefully designed to limit New York’s enforcement of a sweeping gun control statute, enacted as retaliation against New York gun owners for having prevailed in this Court’s decision in N.Y. State Rifle & Pistol Ass’n v. Bruen, 142 S. Ct. 2111 (2022). The district court’s injunction was supported by a detailed 184-page opinion, meticulously tailored to follow this Court’s framework established in Bruen. In contrast, the Second Circuit’s stay pending appeal was issued based only on a single conclusory assertion, yet with the effect of indefinitely suspending the protections afforded New Yorkers by the Second Amendment and affirmed by this Court in Bruen. The Second Circuit’s stay should be vacated in order to uphold the right of New Yorkers to keep and bear arms, as well as to vindicate the authority of this Court over the circuit courts. This Court’s Opinion in Bruen was issued on June 23, 2022. Only hours later, New York Governor Hochul promised to ‘fight back’:We just received some disturbing news . . . the Supreme Court . . . has stripped away the State of New York’s right and responsibility to protect its citizens . . . with a decision . . . which is frightful in its scope of how they are setting back this nation. . . . This decision is not just reckless, it’s reprehensible. It’s not what New Yorkers want, and we should have the right of . . . what we want to do in terms of gun laws in our state. . . . [O]ur governor has a moral responsibility to do what we can . . . because of what is going on, the insanity of the gun culture that has now possessed everyone up to the Supreme Court. . . . We’ve been ready for this . . . We’ve been working with a team of legal experts . . . I’m prepared to call the legislature back into session. . . . We are not going to cede our rights that easily, despite the best efforts of the politicized Supreme Court. . . . No longer can we strike the balance. . . Shocking. They have taken away our rights. . . . This is New York. We don’t back down. We fight back. . . . I’m prepared to go back to muskets. . . . We’re just getting started here. Just eight days later on July 1, 2022, the New York Legislature responded to Governor Hochul’s call to defy this Court’s authority and resist Bruen’s protection of Second Amendment rights, enacting the Concealed Carry Improvement Act (“CCIA”). After extensive briefing, a hearing, and oral argument, the district court enjoined portions of the CCIA in a 184-page opinion. Shortly thereafter the Second Circuit, without providing any reasoning or analysis, granted New York’s request first for a temporary administrative stay, and then a stay pending appeal, allowing New York’s repudiation of Bruen back into effect without so much as a brief explanation.”The key to the Plaintiffs’ argument supporting relief from the Second Circuit’s perfunctory decision is the lack of reasoning of the Second Circuit for overriding the District Court’s analysis of the “Four-Factor” test, and the High Court is requesting the Government, and, obliquely, the Second Circuit itself, for an explanation of its reasoning behind the lifting of the PI stay of execution of the CCIA.In its comprehensive Opinion, the District Court determined the Plaintiff Handgun Licensees proved that awarding the PI is warranted.The U.S. Supreme Court be versed in the District Court’s comprehensive rulings, supporting its granting of Plaintiffs’ PI. And the High Court would be versed in the Second Circuit’s reversal of the lower Court’s curt decision, dismissive of the District Court’s findings.The U.S. Supreme Court’s unusual “request,” directed to the New York Government, is also aimed at the Second Circuit. The High Court is asking the Government, essentially a surrogate for the Second Circuit, to explain why the District Court’s comprehensive, logical, rational opinion, supporting its granting of the Preliminary Injunction, should be considered erroneous.Since the Second Circuit’s reversal of the District Court’s well-reasoned opinion granting the PI, is cryptic or, otherwise, meaningless, the U.S. Supreme Court has asked the Government to step in and explain why the U.S. District Court’s granting of the PI, staying enforcement of the CCIA should not be reinstated.This request mirrors the Plaintiffs’ Application to the Second Circuit, requesting an explanation for its curt reversal of the District Court’s granting of the Plaintiffs’ PI, sans any reason for lifting the Stay of the CCIA, imposed by the District Court.See our article titled, “New York’s Gun Law: A History Of & Present Status Of The Antonyuk Case,” posted on Ammoland Shooting Sports News, posted on December 28, 2022.The U.S. District Court for the Northern District of New York issued a Preliminary Injunction against enforcement of the CCIA because,

• The Plaintiff handgun licensees are likely to succeed on the merits.
• The Plaintiffs will suffer irreparable injury absent a stay of the CCIA.
• The Government is unlikely to incur substantial injury through a stay of enforcement of the CCIA during the review of the merits of the Plaintiffs' case against the New York Government.
• The public interest is so great and so grave that enforcement of the Government’s CCIA should be stayed pending the resolution of the Plaintiffs’ Preliminary Injunction.

That the Second Circuit lifted the stay not only allows enforcement of the CCIA, before the merits of the case are decided but disturbingly suggests the Second Circuit will ultimately find for the Government. This means the Second Circuit likely won’t issue a permanent injunction against enforcement of the CCIA but will find the CCIA constitutional when it isn’t.The New York Government, and, by extension, the Second Circuit, albeit tacitly, must now admit they both detest the Second Amendment, and they are contemptuous of Bruen.Both the Government and the Second Circuit are behind the eight-ball.The U.S. Supreme Court knows there is no logical and legal reason to allow the enforcement of an unconstitutional gun law. And the High Court is nudging the Government to admit that fact.The Government need not respond to Justice Sotomayor’s unusual directive, as it is a “request” not an order. But, obviously, Justice Sotomayor has encouraged the Government to respond, as failure to respond serves as a silent affirmation of the unconstitutionality of the CCIA.We consider in our next article the options open to the Government and the ramifications of their action, or non-action, in our next article. The New York Government’s response—if there is one—must be filed by Tuesday, January 3, 2023.___________________________________

THE NEW YORK STATE GOVERNMENT MUST EXPLAIN ITSELF TO THE U.S. SUPREME COURT: THE FATE OF MILLIONS OF NEW YORK GUN OWNERS HANGS IN THE BALANCE AND THE CLOCK IS TICKING

SUBPART TWO

{INTRODUCTORY QUOTE}“It is the greatest absurdity to suppose it in the power of one, or of any number of men, at the entering into society to renounce their essential natural rights.”“A general dissolution of principles and manners will more surely overthrow liberties of America than the whole force of the common enemy. While the people are virtuous, they cannot be subdued; but when once they lose virtue then will be ready to surrender their liberties to first external or internal invader.”~ Two Quotes from  Samuel Adams, American Statesman, and Founding FatherThe Plaintiff holders of New York handgun carry licenses requested clarification of the Second Circuit’s terse, vacuous, perfunctory order that overturned the U.S. District Court’s granting of their Preliminary Injunction, staying enforcement of the Government’s Concealed Carry License Improvement Act (CCIA).Concerned with an unsatisfactory order lacking any decipherable explanation for its decision staying the Preliminary Injunction, allowing enforcement of Hochul’s amendments to New York’s Gun Law during the pendency of Antonyuk vs. Nigrelli, the Plaintiffs brought their grievance to the U.S. Supreme Court.The High Court accepted the Plaintiffs’ Application for Relief. The Government has precious little time to offer a response, although it need not do so. The Second Circuit has provided the New York Government until 4.00 PM, Tuesday, January 3, 2023, to issue its response if it wishes to do so.The procedural tool the Plaintiffs used to secure U.S. Supreme Court intervention here is called the “All Writs Act,” codified in 28 USCS § 1291. And the application of it is often a tortuous mess. As one legal writer said of the “All Writs Act,”“The prevailing doctrinal landscape is principally a product of two mid-twentieth-century judicial innovations: (1) the collateral order doctrine, which expands the meaning of the term ‘final decision’ for purposes of 28 U.S.C. § 1291; and (2) appellate mandamus, which allows the federal courts of appeals to review interlocutory orders by issuing writs of mandamus under the All Writs Act, The current system has been subject to much criticism: ‘hopelessly complicated,’  ‘legal gymnastics,’ ‘dazzling in its complexity,’ ‘unconscionable intricacy’ with ‘overlapping exceptions, each less lucid than the next,’ ‘an unacceptable morass,’ ‘dizzying,’ ‘tortured,’ ‘a jurisprudence of unbelievable impenetrability,’ ‘helter-skelter,’ ‘a crazy quilt, ‘a near-chaotic state of affairs,’ a ‘Serbonian Bog,’ and ‘sorely in need of limiting principles.’ In the face of such criticism, the prevailing doctrine on appellate jurisdiction has proven to be surprisingly immune from reform.” “Reinventing Appellate Jurisdiction,” 48 B.C. L. Rev. 1237, November 2007, by Adam N. Steinman, Professor of Law, University of Cincinnati, College of Law, J.D. Yale Law School.” The stakes are high. You can bet that Justice Sotomayor’s Order placed a damper on New York Governor Kathy Hochul’s New Year’s Eve and New Year’s Day Holiday festivities. And Hochul’s Attorney General, Letitia James, and her staff of lawyers could not have been any happier.Although the Government need not respond to Justice Sotomayor’s directive as it is only a “request” for a response, not an “order,” it is still a cause for alarm. And the Government would be wise to respond to it as the New York Handgun license scheme licensing in place for well over one hundred years is on the line.Whether the Government responds or not, various scenarios play out. John Crump has pointed to a couple of possible scenarios. See, once again, his article in Ammoland Shooting Sports News. We expand on those, and we start with these three observations:First, the U.S. District Court for the Northern District of New York realized the CCIA was not only blatantly unconstitutional but, as it is the Government’s response to the NYSRPA vs. Bruen, the CCIA operates as a blatant slap in the face to the High Court.Second, Hochul and the Democrat Party-controlled Legislature in Albany basically told the U.S. Supreme Court to go to Hell. And while the District Court had no intention of playing that game any longer, kowtowing to the New York Government, the Second Circuit did so, lifting the PI Stay, but with an inadequate explanation.Third, The persistent problem for both the New York Government and the Second Circuit, is that the District Court’s findings were not wrong, which is why the District Court granted the PI. That fact also explains why the Second Circuit issued a perfunctory order, not dealing directly with the District Court’s findings.  resulted in the Plaintiffs’ appeal of an interlocutory order directly to the U.S. Supreme Court. The Second Circuit could not justify rationally how the District Court’s application of the “Four-Factor” test was erroneous, but it didn’t want to rule against the Government. So it issued a lame order.The Government and the Second Circuit might have expected the Plaintiffs would appeal the adverse action of the Second Circuit to the U.S. Supreme Court, but it probably felt the High Court would not accept the Plaintiffs’ application, inferring that use of the All Writs Act is a wild stab at getting the U.S. Supreme Court to accept a jurisdictional basis that doesn’t apply here.Perhaps that is why the Government and the Second Circuit felt smug, believing, erroneously, that the High Court would not grant the All Writs Act, compelling the New York Government to make its case for staying the PI. But the U.S. Supreme Court didn’t rule on the application of the All Writs Act. It did an end run around it, simply “requesting,”—inviting, but not demanding—the New York Government to respond to the Plaintiffs’ Application for Relief from the Second Circuit’s stay of the Preliminary Injunction. That the High Court has at least invited the Government to respond is bad enough for the Government.What will Hochul’s Government do?The Government need not do anything. The High Court isn’t demanding a response from the Government. It only “requests” a response.Suppose the Government refrains from responding to Justice Sotomayor’s “request,” and takes its chances, relying on the decision of the Second Circuit that reversed the District Court, allowing enforcement of the CCIA during pendency —essentially doubling down on the Second Circuit’s weak determination.This would not bode well for the Government. The High Court could have remained aloof. It could have rebuffed the Plaintiffs’ application for relief from the Second Circuit’s Order. In that event, the Court High Court would have denied the Application outright. The CCIA would remain in force, and the PI stayed during the pendency. But the High Court didn’t do this.In requesting a response from the Government, the High Court had, in a non-positive way, manifested an interest in the Plaintiffs’ arguments, suggesting that the Plaintiffs’ arguments, supporting its Application for relief from the Second Circuit’s decision staying the PI, have merit.But then, why didn’t the High Court formally take the case up and issue an interlocutory order reversing the Second Circuit’s decision, affirming the District’s decision, and granting the PI? In that event, enforcement of the CCIA would be stayed, pending resolution of the merits, after which the losing party, having in hand a final order, could appeal a final decision to the U.S. Supreme Court for a full hearing of the Antonyuk vs. Nigrelli case, on the merits.The Government is nonetheless tactically compelled to respond. It must take the High Court’s “request” as a demand for a response, and for good reason.For, if the Government fails to respond, the High Court will likely reverse the Second Circuit’s decision. The Government is just asking for trouble by cavalierly failing to respond to the “request.” The Government may from years of experience, expect that the Second Circuit will kowtow to it, rubber-stamping the most outrageous Government actions. But, it is another thing again to expect the U.S. Supreme Court to do so, even if Justice Sotomayor is a diehard liberal-wing Justice, who abhors the Second Amendment no less than the New York State Government. Justice Sotomayor is not about to take an action inconsistent with a U.S. Supreme Court ruling, even if she, along with a few other Justices, tends to be sympathetic to the Government's position on the Second Amendment. Thus, the Parties will be placed in the same position they were in before the Second Circuit’s action. Thus, the Second Circuit will be compelled to review the merits of the PI with enforcement of the CCIA stayed during the pendency of a decision on the merits of the case. This is why the New York Government must respond and will respond to Justice Sotomayor's “request.”  It must respond or incur the wrath of the U.S. Supreme Court. But, given the short time available to it, now imminent as this article goes to publication, the Government will probably simply reiterate the points made in its original response to the District Court’s decision, granting the PI, staying enforcement of the Government’s CCIA. What happens then?Justice Sotomayor won’t act on her own. Likely, she can’t act on her own. The entire Court must resolve the matter.And, utilizing New York’s own “Four-Factor” standard, devised by the New York Federal Courts to ascertain if a PI should be granted or not, the High Court will determine whether to lift the stay or retain the stay on enforcement of the CCIA during the pendency of a final decision on the PI. In either event, the case will be returned to the Second Circuit for ultimate resolution.If the Second Circuit finds for the Plaintiffs, which is doubtful, given the Court’s animosity toward the Second Amendment as illustrated in its decision on the District Court’s granting of the Preliminary Injunction, the Second Circuit will deny the preliminary injunction, and rule the CCIA constitutional. With the denial of a preliminary injunction, the decision will have the effect of a final judgment on the merits. The Second Circuit will have determined that the CCIA is constitutional. The Plaintiffs will return to the U.S. Supreme Court, requesting a formal review of the case on the merits.And the U.S. Supreme Court will take the case up. There is no doubt about that. Since the case directly affects its earlier decision in NYSRPA vs. Bruen, the Court will determine whether the CCIA complies with the High Court’s Bruen rulings or doesn’t. Unless the composition of the High Court changes, the Court will find the CCIA unconstitutional in full or in part. Likely the result will bode ill for the Government. The entire concealed handgun carry license scheme will now be on the line. And the decision will result in severely weakening if not upending the entire New York handgun licensing scheme.This places the Hochul Government in a worse position than it was when the Bruen rulings came down on June 23, 2022. She should not have toyed with the High Court, pretending to comply with the Court’s Bruen rulings, all the while constricting the exercise of the right to armed self-defense ever tighter.The Second Circuit would know this from the get-go. Rightfully fearing reversal of an appeal if it denies the preliminary injunction, effectively finding the CCIA Constitutional, the Second Circuit may throw in the towel. In that event, the Court will grant the Preliminary Injunction, finding it meets the New York “Four-Factor” standard, and thence convert it into a Permanent Injunction. That means the CCIA will remain unenforceable forever. Thus, even if the Constitutionality of it isn’t decided, the net effect is to reduce its impact to nullity.What happens then? The Government can appeal an adverse decision to the High Court. It won’t do that. For if it did so, the High Court will take the appeal up and affirm the decision of the Second Circuit.The High Court may even go one step further, holding the CCIA unconstitutional. Conceivably the High Court could go two steps further, finding the entire New York concealed handgun carry licensing structure unconstitutional. Looking at the Government’s attitude toward the Court, as exemplified by its actions, the Court could take the Hochul Government to task. That is possible.Therefore, if the Second Circuit finds for the Plaintiffs, issuing a Permanent Injunction against enforcement of the CCIA, the Hochul Government won’t dare appeal a decision. That would result be disastrous not only for New York, but for many other jurisdictions around the Country, including New Jersey, Illinois, California, Oregon, and Washington State, among others.The best that Hochul can hope for, and the Biden Administration, too, is that, in the next two years, they have an opportunity to get seat another Anti-Bill of Rights person on the High Court. Don’t be surprised to see Biden nominating his Attorney General, Merrick Garland to a seat. Democrats have waited a long time, and they have never forgiven Trump, nor McConnell for denying Garland a Confirmation Hearing which would have seen him on the Court anyway. If that had occurred, Bruen would never have been decided favorably. More likely, the High Court likely would never have reviewed the Bruen case. And Heller and McDonald would be in jeopardy of being overturned. And with the loss of Heller and McDonald, the Country would be that much closer to seeing the end of days for a free Constitutional Republic and a sovereign American citizenry.Can Hochul do anything else, politically, since she is foreclosed from doing anything more juridically? She can rant and rave in the Press, and she can take her complaint to the Grand Harlequin in Chief, Biden. But what the Hell can Biden do for her? Not a damn thing unless his Administration is prepared to declare martial law, arguing the U.S. Supreme Court is now defunct. This happens in Banana Republics. It doesn’t happen in honest-to-God Constitutional Republics. This would lead to armed conflict. The Administrative State, although powerful, isn’t omnipotent even if it thinks it is and even if many Americans think so, too.For, here, in our Country, unlike in the EU, in the Commonwealth Nations, or in CCP China, Americans are well-armed, tens of millions, and Americans have substantial ammunition to prevent a Neoliberal Globalist/Neo-Marxist Counterrevolution from prevailing. That fact isn’t to be taken lightly by this Nation's rogue Federal Government and by rogue State Governments like that of New York. And Americans would have a good case, morally, historically, and legally, for taking up arms against those forces intent on entertaining a Neoliberal Globalist/Neo-Marxist  Counterrevolution.A declaration of martial law where no legitimate reason exists for invoking it manifestly demonstrates tyranny of Government.The Biden Administration would be openly admitting this through its actions: Tyranny of Government in the form of an illegal oligarchic conspiratorial takeover of the Government against the American people.Recall that Justin Trudeau declared martial law in Canada, for a short time. Canada has nothing remotely that can honestly be considered a true Bill of Rights, and even that jackass was forced to back down, given a backlash in the Canadian Parliament.So where is Antonyuk vs. Nigrelli headed?The High Court will issue its order, and it will shoot down the Second Circuit. That is our prediction. It means the CCIA will remain unenforceable during the pendency of the Plaintiffs’ lawsuit, and the PI will remain effective. And neither the Second Circuit nor Hochul can do a damn thing about it except beat their chest, screech, and wail to the winds.But, even if the High Court affirms the decision of the Second Circuit or, through its inaction, remains silent on the Second Circuit’s decision, allowing the decision to stand, the Hochul Government is, ultimately, in a quagmire it cannot extricate itself from.If the Second Circuit finds against the Plaintiffs on the merits, the Plaintiffs will appeal an adverse decision to the High Court. And the Court will take up the case. There is no question about that. And, the CCIA will be struck down, as it is untenable. It contradicts the plain meaning of the Second Amendment and the Bruen rulings. And once the CCIA is struck down, that will severely damage the entire handgun licensing structure of New York, as the illegality of the entire structure, and the illegal machinations of the Government that created it will be crystal clear.And, if the Second Circuit finds for the Plaintiffs and issues a permanent injunction against the Government on enforcement of the CCIA, that will effectively strike the death knell for the CCIA, setting the stage for the eventual dismantling of the entire handgun licensing structure as it was untenable, legally, historically, and morally, at its inception, as the Sullivan Act, 112 years ago.The Government can appeal from a Second Circuit Court ruling against it, but it won’t do that. It has nothing to gain, and it has everything to lose were it to do so. For, the last thing New York needs is a fourth seminal Second Amendment case that not only effectively destroys the entire handgun licensing structure of the State but will effectively be disastrous for all other jurisdictions that have draconian “may issue” concealed handgun carry license laws in place.Either way, we see the Plaintiffs in a good position here to secure and strengthen the natural law right codified in the Second Amendment even if that isn’t immediately evident.The Neoliberal Globalists and Neo-Marxists both here and abroad will thrash about in impotent rage as the Republic may yet survive. The question is: Will the Biden Administration dare impose martial law on the Country?For all the myriad ways that the Biden Administration has deliberately weakened this Country, the Government would be out of its mind to attempt confiscation of arms and ammunition on a wide scale, claiming that national security concerns demand that stringent measures be taken against these gun-toting “MAGA” Americans. Spouting harangues against guns and tens of millions of Americans who cherish their natural law right to keep and bear arms is one thing. Demanding Americans to forsake their firearms is something else again.____________________________________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.

NEW YORK GOVERNOR KATHY HOCHUL DOESN’T LIKE THE FEDERAL COURTS TELLING HER THAT AMERICANS HAVE THE RIGHT TO ARMED SELF-DEFENSE—AFTER ALL, MOTHER KNOWS BEST!

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 SIXTEEN:  SUBPART A

A BIT OF RECENT HISTORY ON CHALLENGES TO AMENDMENTS TO THE NEW YORK GUN LAW (CCIA)—ANTONYUK VS. BRUEN

Ivan Antonyuk, along with Gun Owners of America (GOA), brought an action to prevent the implementation of New York Governor Kathy Hochul’s amendments (CCIA) to New York’s Gun Law, the Sullivan Act of 1911. That case is captioned, Antonyuk vs. Bruen. It was filed on July 11, 2022, one week after the New York Senate in Albany passed the CCIA and Hochul signed it immediately into law.The  U.S. District Court for the Northern District of New York dismissed the case without prejudice, on August 31, 2022. The GOA dropped out of the second lawsuit since it couldn’t’ overcome the standing issue. But Ivan Antonyuk could and did file a new lawsuit.

THE NEW CASE CHALLENGING HOCHUL’S CCIA—ANTONYUK VS. HOCHUL

Antonyuk thereupon filed a new case, captioned, Antonyuk vs. Hochul, on September 20, 2022. He filed suit in the same U.S. District Court that dismissed the original lawsuit. The Court was receptive to it. In the new suit, Governor Kathy Hochul is named and cast as the principal Proper Party Defendant. She is now the leading Party Defendant, as the caption of the CM illustrates. And, once again, Kevin Bruen, the Superintendent of the New York State Police is named and cast as a principal Party Defendant. His name appears second, behind Kathy Hochul, in the new CM. And several other New York Government officials also figure prominently as Party Defendants in Antonyuk's new action.On October 6, 2022, the U.S. District Court for the Northern District of New York granted the Plaintiffs’ Motion for a Temporary Restraining Order (TRO) in the case Antonyuk vs. Hochul. See our previous article on this. The article was reposted in Ammoland Shooting Sports News.What do we know about the Plaintiff, Ivan Antonyuk?The Complaint for Declaratory and Injunctive Relief (CM) recites this about the Plaintiff, Ivan Antonyuk, who was the first individual to challenge Hochul's CCIA and to bring a new action against Hochul, in her official capacity as Governor of New York——“Ivan Antonyuk is a natural person, a citizen of the United States and of the State of New York, and resides in Schenectady County, New York. He is a law-abiding person, who currently possesses and has maintained an unrestricted New York carry license since 2009, and who is eligible to possess and carry firearms in the State of New York.”Five other New Yorkers joined Ivan Antonyuk, as Party Plaintiffs, in a new lawsuit, filed directly against Hochul. Five of the six Plaintiffs, including Antonyuk, hold unrestricted concealed handgun carry licenses. One of the six Plaintiffs holds a restricted employment handgun carry license. The New York handgun licenses are all valid.In the CM, the Plaintiffs set forth their justification for filing it, delineating their points as follows——“Governor Hochul (1) has openly criticized and expressed contempt for the Supreme Court’s decision in Bruen, (2) took action to circumvent the Supreme Court’s ruling by ‘merely chang[ing] the nature of th[e] open-ended discretion” from “proper cause” to “good moral character (3) pushed enactment of the CCIA through the legislature and (4) signed the bill into law, and (5) subsequently has acted as the interpreter-in-chief with respect to the CCIA’s provisions. The Governor has opined on the statute’s proper interpretation and provided guidance and instructions to officials throughout the state of New York as to its implementation according to her desires. For example, Governor Hochul (1) has instructed that the CCIA’s new licensing process applies even to those whose carry license applications are already submitted and pending prior to September 1, 2022; (2) has claimed that the ‘good moral character’ activity will involve door-to-door interviews of a person’s neighbors; 4 (3) has claimed that the CCIA’s plain text should not apply to certain parts of the Adirondack Park in contradiction to the wishes of the bill’s sponsors; 5 and (4) has opined that the CCIA’s “restricted locations” provision creates a “presumption . . . that they don’t want concealed carry unless they put out a sign saying “Concealed Carry Weapons Welcome Here.” To be sure, Governor Hochul ‘is not the official to whom the Legislature delegated responsibility to implement the provisions of the challenged statutes’ but, by her actions, she certainly appears to believe that she is. Moreover, and again, the Superintendent [Kevin Bruen] who is tasked with implementing and enforcing various provisions of the CCIA, is the Governor’s underling, making the Governor (whose hand is clearly at work in the Superintendent’s actions) a proper Defendant [citing documents omitted].”In a subsequent Plaintiff Court filing, September 22, 2022, filed two days after the filing of the CM, in a document captioned, “Memorandum Of Points And Authorities In Support Of Plaintiffs’ Motion For A Temporary Restraining Order, Preliminary Injunction, And/Or Permanent Injunction,” the Plaintiffs cogently lay out Governor Hochul’s unconscionable defiance of the U.S. Supreme Court rulings in NYSRPA vs. Bruen and the imminent harm that defiance poses to the life and safety of Plaintiffs:“New York continues to infringe the Second Amendment right to bear arms, treating most people as unworthy of the natural right to self-defense. In response to the U.S. Supreme Court’s recent vindication of the People’s rights to keep and bear arms in public in N.Y. State Rifle & Pistol Ass’n v. Bruen, 2022 U.S. LEXIS 3055 (2022), New York has enacted new restrictions in explicit contravention not only of the Court’s holdings, but also the text of the First, Second, Fifth, and Fourteenth Amendments. New Yorkers are now facing the reinstitution of discretionary licensing standards, imposition of draconian carry restrictions in a cornucopia of nonsensitive public places, invasion of protected First and Fifth Amendment conduct, a four-and-a-half-times expanded training requirement and accompanying exorbitant costs, and conversion of all private property into de facto “gun-free zones” that “would eviscerate the general right to publicly carry arms for self-defense,” Plaintiffs request that this Court enter a temporary restraining order, followed by a preliminary and/or permanent injunction, to stop the irreparable harm Plaintiffs are suffering and will continue to suffer absent emergency relief.” The Plaintiffs added, these pertinent points in their Memorandum—— “Superintendent Bruen, already found by this Court to be a proper defendant previously, is responsible for the conduct for those under his authority, including threats they make against law-abiding gun owners such as Plaintiffs. Indeed, the First Deputy Superintendent of the State Police, Steven Nigrelli, recently stated the following during a press conference, available on YouTube: ‘For those who choose to violate this law . . .  Governor, it’s an easy message. I don’t have to spell it out more than this. We’ll have zero tolerance. If you violate this law, you will be arrested. Simple as that. Because the New York state troopers are standing ready to do our job to ensure . . . all laws are enforced.’ This statement represents a direct threat to all who violate the CCIA, on all fours with Cayuga Nation’s “announce[ment] [of an] intention to enforce the Ordinance’ a group whose members would be ‘obvious targets of any criminal enforcement of the Ordinance.’ Here, the New York State Police, a law-enforcement entity with statewide jurisdiction and officers stationed across New York, has specifically and expressly stated a clear intent to enforce all aspects of the CCIA, without exception, through arrest and prosecution, in every instance where it is violated [documents and case citations omitted].”The Plaintiffs provided a sound and cogent argument for the issuance of the TRO. The District Court agreed.In its Decision issued on October 6, 2022, the U.S. District Court granted the Plaintiffs’ TRO but stayed its operation for three days to allow the New York Government to file an emergency appeal.The Midterm Elections are looming, and, with her position as New York Governor on the line, Kathy Hochul will waste no time filing an appeal. She doesn’t want this TRO hanging over her head.It is all the worse for Hochul since she’s made much of how the CCIA protects New Yorkers and that the U.S. District Court, as she claims, agreed with her, in the earlier case, Antonyuk vs. Bruen. It didn’t!So gleeful was the Governor when the District Court dismissed the suit against the CCIA in that case, she didn’t bother to recognize or acknowledge that the Court opposed the CCIA and dismissed the suit on a “technicality”: the standing issue.But with the technicality overcome, and the TRO awarded in Antonyuk vs. Hochul, she harrumphed, on her website the same day the District Court released its decision, October 6, 2022:“While this decision leaves aspects of the law in place, it is deeply disappointing that the Judge wants to limit my ability to keep New Yorkers safe and to prevent more senseless gun violence. We are working with the Attorney General's office to review the decision carefully and discuss next steps in an appeal. I will continue to do everything in my power to combat the gun violence epidemic and protect New Yorkers.”Hochul can barely restrain herself. The decision leaves hardly anything of the principal provisions of Hochul’s CCIA in place. Hochul and the other Anti-Second Amendment zealots in her Administration and in the New York State Legislature are fuming. Hochul knows that the guts of the CCIA are to be excised, and both she and her Administration intend to prevent that.Hochul will file an appeal. That is expected. In fact, it’s a dead certainty. And the U.S. District for the Northern District of New York made provision for it. The Court gave Hochul three days to file her “emergency” appeal to the U.S. Court of Appeals for the Second Circuit. Her people must have been working on it over the weekend.Expect to see news of Hochul’s appeal to the Second Circuit on Monday, October 10, or on Tuesday, October 11, at the latest. _________________________________________________________

THE FEDERAL COURTS OF NEW YORK CAN NO LONGER SHIRK THEIR DUTY TO THE U.S. CONSTITUTION THAT MANDATES AND CELEBRATES THE RIGHT OF THE PEOPLE TO KEEP AND BEAR ARMS

PART SIXTEEN:  SUBPART B

THE FEDERAL COURTS MUST REIN IN GOVERNOR KATHY HOCHUL’S OUT-OF-CONTROL NEW YORK GOVERNMENT

On the release of the U.S. District Court’s decision, granting Plaintiffs a TRO in the recent case, Antonyuk vs. Hochul, challenging the CCIA, New York Governor Kathy Hochul retorted she “will continue to do everything in [her] power to combat the gun violence epidemic and protect New Yorkers.” Really? Is that true?The New York Post says,“In New York, where gun violence has plagued the Big Apple and other metro areas, 1 in 5 police departments — 469 of 593 — failed to report any crime data.That includes the largest department in the country, the NYPD, which is often held up as the trendsetter for US law enforcement.A spokesperson said the NYPD was in the process of transitioning to the new reporting system but did not answer questions about its timeline or if it accepted any federal grants to get the system up and running.”Meanwhile, New Yorkers are threatened by continued criminal violence. The Governor and the Mayor of New York City, Eric Adams, offer nothing but excuses, platitudes, or outright denials. Yet both the Governor and Mayor continue to make it extraordinarily difficult for average, innocent, responsible, law-abiding New Yorkers to gain access to the most viable means to defend themselves as they walk about in a concrete jungle—a handgun. That, if anything, is contrary to common sense! The Government controls handgun licensing. A Government that mandates licensing and has sole control over licensing prescribes the rules of the game: those few in number who may obtain a handgun license and the manner of use of the handgun for self-defense. It is the citizen who ends up with the short end of the stick. The psychopathic criminal and the lunatic roam freely about, to prey at will on the innocent: men, women, and children. All the while high-ranking City and New York State Government officials such as the Mayor of New York City and the Governor of the State are themselves safe and secure with a team of heavily armed police to protect them day and night.Hochul cares nothing for the life and safety of New Yorkers. All that she and the Democrats in Albany, and other Anti-Second Amendment officials in Hochul’s Government care about is their own hides and the preservation of their program to disarm the common man—an agenda ongoing for well over 110 years—at odds with the natural law right of armed self-defense, codified in the Nation's Bill of Rights.Just as the Sullivan Act of 1911 laid out the basic steps of handgun licensing that started the inexorable process of disarming the citizenry in New York, and just as Hochul’s predecessor, Andrew Cuomo, continued that process through the enactment of the New York Safe Act of 2013, several antigun enactments since, culminating in the CCIA, are designed to further whittle away the natural law right of armed self-defense.As this article goes to publication, Governor Hochul has not yet appealed the District Court decision ordering a TRO preventing enforcement of the CCIA but the filing of her appeal to the U.S. Court of Appeals for the Second Circuit is imminent.So, the questions are, first, what will the Second Circuit do with it, once it receives it, and two, how will Hochul react to the Appellate Court’s rulings if those rulings don’t go her way? And the Appellate Court should keep the TRO stay in place.Indeed, the Federal Court of Appeals must keep the TRO stay in place. But it isn’t clear it will do that. But its failure to do so would lead to irreparable harm to the Plaintiffs and to the New York public that cherishes the natural law right of armed self-defense. The State Governor, Kathy Hochul, and the Mayor of the City of New York, Eric Adams, have forsaken the people to whom it is their duty to serve.One thing is patently clear: the U.S. Court of Appeals for the Second Circuit would prefer it didn’t have to contend with this. Anything involving the Second Amendment is a hot potato for the Second Circuit and for the Federal District Courts of New York. They now must deal with the aftermath of decades of complacency and deference toward a State Government whose policies and laws demonstrate abject ruthlessness toward and callous disregard for the life, safety, and well-being of the people of New York.Heller and McDonald created a host of problems for a jurisdiction historically antithetical to Americans’ exercise of the natural law right of armed self-defense. New York’s attack on the natural law right of armed self-defense goes back well over one hundred yearsBut the Bruen rulings might have shaken the Federal Courts of New York out of their stupor, and out of their heretofore typical hands-off approach toward a State Government inexorably whittling away the right of the people to keep and bear arms to a nullity.The Courts may realize their duty is to the U.S. Constitution and not to the officials of the New York State Government who are intent on erasing the natural law right of armed self-defense in New York.With the Bruen decision the U.S. Court of Appeals for the Second Circuit and the U.S. District Courts of New York realize they can no longer hide their Anti-Second Amendment opinions and musings behind abstruse legal verbiage and sophistry that contravene High Court rulings, and all for the sake of a State Government that abhors the Second Amendment of the Bill of Rights.That makes matters difficult for Governor Hochul. But that won’t prevent her from urging the Second Circuit to embrace and protect her CCIA godchild.So——In her appeal, Hochul may go beyond asking the Circuit Court of Appeals to lift the stay on the CCIA. She may ask the Court to order a permanent injunction against further challenges to the CCIA. It is, however, unlikely the Circuit Court will accede to this as doing so falls beyond its appellate power. But, from this arrogant New York Governor, no less so than from her arrogant predecessor, Andrew Cuomo, one should expect anything.The Plaintiffs will oppose the lifting of the stay, arguing for suspension of the CCIA until the Court rules on the Plaintiffs’ prayer for a preliminary or permanent injunction, enjoining the New York Government from enforcing it.Although the Court of Appeals could, conceivably, although improbably, lift the TRO stay on enforcement, pending trial of the constitutionality of the CCIA, it likely won’t do this.The District Court is no slouch. It gave the Circuit Court every reason to honor the TRO that the District Court had issued.The District Court was careful to provide the Hochul Government with both notice and hearing before the issuance of the TRO. It need not have done so. Court issuance of a TRO doesn’t require prior notice and hearing to the party against whom it is issued.The Federal Circuit Court of Appeals cannot ignore this fact and will take note of it.The Court will point out that it is the Plaintiffs, not the Government, who are likely to prevail in a trial on the merits and that it is the Plaintiffs, not the Hochul Government, who will suffer grievous harm if the Government can continue to enforce the CCIA during discovery and trial.Do not expect the Second Circuit to blithely lift the stay on the TRO.But that raises the question: “how long is the District Court’s TRO stay on enforcement of the CCIA to remain in effect?” And the District Court did not leave that matter hanging open-ended, either. Among its orders in Antonyuk vs. Hochul, the Court said that its——“Temporary Restraining Order shall remain in effect pending a hearing and ruling on Plaintiffs’ motion for a preliminary injunction.”Unless the Second Circuit is as remiss of its duties toward the Constitution and as dismissive of the citizenry as the Hochul Government and Democrat Legislators in Albany clearly are, we anticipate the TRO will remain in place until final resolution.The U.S. Supreme Court has ruled that the right of armed self-defense extends to the public realm. This is consistent with the language of the Second Amendment to the U.S. Constitution, In fact, the natural law right of armed self-defense is embedded in the right of the people to keep and bear arms. The natural law right of armed self-defense against predatory man, beast, or Government is embedded in the Second Amendment, and it follows by logical implication.The High Court did not make new law in NYSRPA vs. Bruen, as many people in the Federal and State Governments wrongly believe; as Hochul wrongly thinks.The High Court simply recited and reiterated what plainly exists in the codification of natural law that Marxists and Globalists find repugnant to their belief system, and antithetical to their Collectivist mindset and to their political and social philosophy, which they intend to thrust on the rest of us.One should reasonably expect the Second Circuit will remand the Hochul case to the District Court.The Federal Appellate Court will likely order the lower District Court to resolve the substantive issues pertaining to the Constitutionality of the CCIA and determine whether to award Plaintiffs with a preliminary or permanent injunction against enforcement of the CCIA. All the while the TRO stay against enforcement of the CCIA should remain in place.Once the District Court issues either a preliminary or permanent injunction against Hochul, the injunction will have the effect of a final appealable order.This raises the question of whether, in the interim, Governor Hochul will abide by a TRO stay of enforcement of the CCIA pending resolution of the Antonyuk vs. Hochul case, or will she defy the Second Circuit Court of Appeals just as she blatantly defied the U.S. Supreme Court on signing the CCIA into law?Hochul might defy the Court’s order and enforce the CCIA. If so, the Plaintiffs will then need to return to the Federal Court of Appeals to get the Second Circuit Court to issue its “Contempt of Court Show Cause Order” against Hochul.If she does defy an order from the U.S. Court of Appeals for the Second Circuit staying the enforcement of the CCIA, it would be impossible for Hochul to continue, however plausibly or implausibly maintained, to disguise that defiance of a Federal Court order as compliance.Perhaps Hochul doesn’t care.Court Orders and Rulings mean nothing to her if Hochul happens to disagree with them. The CCIA is evidence of that.But would the public care?And would the public demand the Hochul Government comply with an order from the Second Circuit Court of Appeals?The public should care and should demand the Hochul Government’s compliance with Federal Court orders and case rulings, regardless of her dislike for them. Hochul's specious claim that her wish, ostensibly, to protect New Yorkers against harm is neither a sound nor valid moral nor sound nor valid legal argument to support defiance of the United States Supreme Court, and the U.S. District Court, and the U.S. Court of Appeals for the Second Circuit. And, her not-so-tacit assumption that the Courts don't care about the life and well-being of New Yorkers is not only false it is absurd.Will the New York electorate embrace or reject Kathy Hochul? The Midterm Election will tell the story. The result depends on the electorate’s justified outrage toward an obstinate Governor that claims she knows or pretends to know what is in the best interests of the people of New York, or their active or passive support of her words and actions.The reprobates in New York will, of course, support Hochul. But they look forward to the destruction of our free Constitutional Republic anyway, relishing the coming of the Soros “Open Society” in which the U.S. is just another cog in a grotesque, monstrous machine, and its people, hapless, vanquished subjects.These Neo-Marxists and Neoliberal Globalists are beyond the pale and are beyond redemption. Forget about debating them. Love for God, Country, and Family, and for the continuation of a free Constitutional Republic that the founding fathers bestowed on us mean nothing to them. Their ideology is grounded in the tenets, principles, and precepts of Collectivism and they have concocted a new mechanism to promote it, a vehicle through which the public is enmeshed in it, internalizes it, and becomes vested in it: the gospel of “Diversity, Equity, and Inclusion,”   now, adopted and pushed by the Federal Government, no less, and codified in an Executive Order. Many other New Yorkers will passively accept whatever befalls them even if they happen to disagree with Hochul’s abject defiance of the Courts, and that is most unfortunate. Passivity and sloth are killers. Forget about them, too. These people are asleep and cannot be roused from their slumber.The fact remains that a handgun is the only viable means to effectively counteract random, intractable criminal violence that threatens the life and safety of innocent people as they go about their day-to-day activities in New York. Plaintiffs in the Antonyuk vs. Hochul made that point poignantly clear to the U.S. District Court. They also made patently clear to the Court that the CCIA is, in large part, unconscionable and unconstitutional. That was the reason for the Court’s issuance of the TRO stay in the first place.If Hochul refuses to adhere to Court orders and rulings, it is up to these members of the public remaining, the true Patriots in New York, to hold Hochul’s feet to the fire. May they prevail and preserve the success of the American Revolution of 1776 for both themselves and for future generations of Americans!*___________________________________________*Hochul is apparently afraid that the Midterms will see her out of office. She would like to purge all Republicans from the State. An August 2022 New York Post article is worth a read:“Gov. Kathy Hochul, who hasn’t proven shy about issuing orders, had one for the state’s Republicans this week — all 5.4 million of them: ‘Just jump on a bus and head down to Florida where you belong, OK?’ she said. ‘You are not New Yorkers.’”___________________________________Copyright © 2022 Roger J. Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.

WITHOUT AN ARMED CITIZENRY THE PEOPLE REMAIN AT THE MERCY OF THE STATE

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 TO DESTROY THE EXERCISE OF THE RIGHT AND THOSE WHO SEEK TO PRESERVE AND STRENGTHEN THE RIGHT BOTH FOR THEMSELVES AND THEIR DESCENDANTS

WITHOUT AN ARMED CITIZENRY THE PEOPLE REMAIN AT THE MERCY OF THE STATE

MULTISERIES

PART TWELVE

HELLER, MCDONALD, AND BRUEN ARE THE MOST IMPORTANT UNITED STATES SUPREME COURT DECISIONS OF THE 21ST CENTURY

New York Governor Kathy Hochul and the Anti-Second Amendment Legislators in Albany were in a bind. The U.S. Supreme officially published its decision in NYSRPA vs. Bruen on June 23, 2022. Governor Kathy Hochul and the Democrat Party-Controlled State Legislature in Albany had reason enough to expect, and every reason to fear, that Bruen would be a momentous decision—and for Hochul and the Democrat Party Legislators in Albany—a disastrous decision, directly and potentially fatally, impacting the State’s century-old Gun Law, the Sullivan Act, long since codified in the State’s Penal Code, NY CLS Penal § 400.00, et. seq. It would take Hochul and the Legislators, and their respective lawyers considerable time to concoct a scheme that would salvage the Sullivan Act, creating the illusion—if ultimately unconvincingly—of complying with the High Court’s rulings. The Anti-Second Amendment Hochul Administration and the Legislators in Albany had nothing but contempt for the High Court. Hochul, herself, did not so much as try to hide this. On the Governor’s website, the public sees this announcement:“ ‘While the Supreme Court's appalling decision to strike down New York State's concealed carry law has potentially vast and far-reaching implications, it does not activate any immediate changes to State gun license and permit laws, nor does it allow residential permit owners to carry their weapons outside their homes. . . . “As the case returns to lower court, we encourage responsible gun owners to continue to follow their current restrictions, and always put safety first. While we are disappointed with the Supreme Court's reckless disregard for the safety of our communities, we are prepared to fight. And the Lieutenant Governor, Antonio Delgado, added this to Governor Hochul’ statement.“‘Yesterday, the Supreme Court sent us backwards in our efforts to protect families and prevent gun violence by striking down a NY law that limits who can carry concealed weapons. While the implications are not immediate, New York is committed to taking action and enacting a new set of laws that will work around this ruling. . . . If the Supreme Court and federal government won't act to keep our children safe, then New York will.’” Id.Hochul likely had received abundant advance notice of the content of the Bruen decision “on the QT,”  judging by how quickly her Government came out with a comprehensive set of amendments to the State’s Gun Law. The Arbalest Quarrel has taken an in-depth look at the Bruen decision along with the Hochul Government’s response to it. There is a lot of material to digest, and we will continue to do this as nothing—absolutely nothing—is more critical to the preservation of a free Constitutional Republic, than the right of the people to keep and bear arms.All the rambunctious talk of “the need to get rid of guns” for the sake of public safety and public order for everyone serves as deflection. The message translates as: “constraining law-abiding citizens’ access to firearms for self-defense. The argument presented for doing so is specious on its face and, worse, it is corrosive of the fundamental truth that tyranny looms in the absence of an armed citizenry. Tyranny of Government looms in New York. And, as New York is a microcosm of the Nation, what transpires there has a ripple effect across the Nation: crime is rampant and intractable; the criminal justice system casts a blind eyed to the safety of the public, and the public is denied the right to defend itself against the danger presented. It is a recipe for societal collapse. The U.S. Supreme Court could see this even if the New York Government does not. The Court could not compel the New York Government to protect its citizens, but it could require New York to adhere to the core principles of the Bill of Rights. That means New York cannot lawfully prevent the citizen from protecting itself. The Bill of Rights boils down to these Divine absolutes: the sanctity and inviolability of Selfhood; and the fundamental, immutable, unalienable, and incontrovertible natural law right of survival against aggression, howsoever that aggression manifests itself: from predatory creature, or predatory man, or a predatory Government.Yet, as violent crime goes unchecked, and the criminal justice system itself remains constrained, the Hochul Government provides excuses. Yet, as to the matter of armed self-defense, the Hochul Government has much to say.It couldn’t dismiss U.S. Supreme Court rulings out-of-hand without admitting that it cares not for the Article 3 authority of the Court. So it came up with a workaround to salvage the Sullivan Act. It was as ingenious as it was diabolical. The Government pretends to give free rein to the law-abiding citizen to carry a handgun concealed for self-protection. And a seditious Press and the Hochul Government denounce the U.S. Supreme Court for turning New York into a “wild west.”  The Press and the Hochul Government should reflect on that a bit. New York City and other jurisdictions, including those several on the west coast, and jurisdictions inland, including Minneapolis, Chicago, Philadelphia, Baltimore, and many others, are already in the throes of the “wild west.” In the name of the new secular religious dogma of “Diversity, Equity, and Inclusion,” and with Soros's money raining down on jurisdictions that support his Dystopian Nightmare of the “Open Society,” Cities across the Country are collapsing. Incompetence can’t alone explain this. It has to be deliberate.The degradation of society invariably follows in the wake of and must therefore be construed as a function of systematic denigration of the Second Amendment by governments in all of those jurisdictions. Congress and the Biden Administration have done little if anything to prevent wholescale annihilation of the exercise of armed self-defense, and much to promote it.And so it is left to the province of the U.S. Supreme Court to reinvigorate the Bill of Rights that the Federal Government and those of many States and cities have disdainfully ignored or actively dismantled.

DOWN MEMORY LANE: THE VIOLATION OF THE SECOND AMENDMENT OF THE NATION’S BILL OF RIGHTS

The U.S. Supreme Court had done with playing games with New York and with all other State Governments that had heretofore played fast and loose with the natural law right of armed self-defense. New York and other similar Anti-Second Amendment jurisdictions had withstood the impact of Heller and McDonald through feats of judicial legerdemain. And New York itself had weathered the storm of the predecessor to the Bruen case, New York State Rifle & Pistol Association vs. the City of New York, 140 S. Ct. 1525 (2020); often referred to informally as the “New York City Gun Transport” case.In both NYSRPA vs. Bruen and NYSPRA vs the City of New York, the U.S. Supreme Court began to zero in on a long-standing nemesis to the Second Amendment, New York, just as it had zeroed in on the District of Columbia and on Illinois, several years earlier. All three of these jurisdictions were notorious for systematically treating the right of the people to keep and bear arms, as the bane of Collectivist orthodoxy that seeks to Government absolute control over the thoughts and actions of the masses. And that requires suppression of basic freedoms and liberties—most notably that of speech, privacy, and the right to armed self-defense.The U.S. Supreme Court was one remaining Branch of the Federal Government that had had enough of the immolation of basic natural law rights: most concerning to some Justices on the Court: armed self-defense.If Congress and the U.S. President would not take concrete steps to preserve the natural law right of armed self-defense, several Justices on the High Court would do so. And, after years of noncompliance to High Court rulings in Heller and McDonald, two Associate Justices, Clarence Thomas, and Samuel Alito, would not be denied any longer. NYSRPA vs. the City of New York provided an opportunity to prevent the New York Government from continuously weakening the right of the people to keep and bear arms. The Court’s rulings would course through the rest of the Country, impacting those States that had enacted similar unconscionable, unconstitutional constraints on the exercise of the right codified in the Second Amendment.

NYSPRA vs. THE CITY OF NEW YORK: DECISION ON THE MERITS AVOIDED

In the Gun Transport case, Petitioners challenged a New York City rule preventing holders of restricted handgun premise licenses from transporting their firearms outside the confines of the City.  Petitioners claimed the rule violated the Second Amendment and sought both declaratory and injunctive relief against enforcement of the rule insofar as the rule prevented their transport of firearms to a second home or shooting range outside of the city. The District Court and the Court of Appeals rejected Petitioners’ claim and they took the case up to the U.S. Supreme Court. The liberal wing of the Court, and likely Chief Justice John Roberts as well, were not keen on reviewing the case. They had no desire to take up any Second Amendment case they felt would serve, from their ideological perspective, of expanding the people's exercise of the natural law right of armed self-defense.Of course, Associate Justices Clarence Thomas and Samuel Alito, joined by Justice Neil Gorsuch—Trump’s first nominee to the High Court, after the untimely death and, some would add, dubious circumstances surrounding that death—do not view Second Amendment cases as irrational or unreasonable attempts by Americans to expand the natural law right of armed self-defense. Rather, these Justices perceive Second Amendment challenges to Government actions constraining the exercise of a natural law right as opportunities to preclude the Government from constraining the exercise of a supernal right. It is the unconstitutional actions of the Government that demand adjudication by the High Court—a task that should be unnecessary and would be unnecessary if the States and the Federal Government would acknowledge the Bill of Rights instead of continually frustrating Americans’ exercise of their fundamental, unalienable rights.Although the Gun Transport case wasn’t the ideal case to adjudicate, as many others had wended their way to the Court years before, yet could not garner enough votes for review, this case was the best that could be achieved at the time.The Petitioners sought to have the case decided on the merits. They argued that, notwithstanding that they held a restrictive premise handgun license, they still had a fundamental right under the Second Amendment to carry a firearm to a target range outside the City limits. Had the case been decided on the merits, the Court could have taken the opportunity to rule restrictive handgun carry licenses as presumptively unlawful. The liberal wing and Chief Justice Roberts would have none of that, and, likely, Roberts cajoled the newest member of the High Court, at that time, Brett Kavanaugh, to vote with him to forsake the opportunity the case gave them.The case didn’t just bother several members of the Court, it concerned Andrew Cuomo and other Anti-Second Amendment politicians who had made it their life’s work to make New York a veritable Gun-Free jurisdiction. And, Cuomo saw an escape route, and most of the Justices saw a pretext to avoid dealing with the case on the merits.Since the issue in the Gun Transport case pertained only to holders of restricted handgun licenses who, under New York law, could not lawfully carry a handgun outside one’s home for self-defense, there was the concern that the Court could come embroiled with the issue of armed self-defense outside the home. If so, that would impinge on the Sullivan Act itself. Neither the liberal wing of the High Court nor the Chief Justice, John Roberts wanted to deal with this. And Andrew Cuomo, the Governor at the time, and a virulent hater of the Second Amendment intended to do all in his power to prevent the U.S. Supreme Court from reviewing a case that could very expand the right of all law-abiding civilian citizens in New York to carry a concealed handgun in the public realm for self-defense, thus imperiling the century-old Sullivan Act at its core. Better, then, Cuomo realized, simply to redraft the State Gun Law and the Rules of the City of New York, to allow a holder of a restricted premise license to carry a handgun outside the environs of the City, albeit, in a locked container, with ammunition separated from the firearm. This would still preclude the use of the handgun for self-defense in public if the need arose, and the Sullivan Act would remain intact. Cuomo and the other Anti-Second Amendment zealot power brokers don’t like to weaken their own gun laws, but they could do so here, as it wouldn’t have a disastrous impact on the core of the Gun Law—inhibiting the vast majority of law-abiding New Yorkers from lawfully relying on a firearm for self-defense.New York City changed its Rules and the State reconfigured the law to avoid a direct threat to the Sullivan Act. The last thing anti-Second Amendment forces want is a high Court opinion that strengthens the Second Amendment. The City’s gambit paid off. In a 6 to 3 vote, the Supreme Court held that, since the City changed the old rule, the case is moot, because Petitioners can now lawfully transport their handgun to a second home or shooting range outside the City. But can they really? What will New York City do in the future to restrict the fundamental right of the people to keep and bear arms? This will almost certainly embolden New York City Mayor Bill DeBlasio and New York Governor Andrew Cuomo. And there is nothing to prevent the New York Government from countermanding the law once the High Court dismisses it. The Petitioners made these points and Justices Thomas, Alito, and Gorsuch concurred, but they were two votes shy of reviewing the case on the merits. So, for a time, at least, the Sullivan Act was spared direct confrontation. The reprieve for Anti-Second Amendment zealots, both in New York, and elsewhere, was short-lived. Everything changed with Bruen.

NYSRPA vs. BRUEN: DECISION ON THE MERITS UNAVOIDABLE

Unlike the NYC Gun Transport case, the constitutionality of armed self-defense outside the confines of one’s home was now squarely before the High Court. Reconfiguring New York law to avoid a showdown was out of the question. There was no way the Hochul Government could finesse the Gun Law to avoid a High Court review of the case on the merits. And with three certain votes in favor of striking down the Sullivan Act, and with both Chief Justice Roberts and Associate Justice Kavanaugh compelled to add a fourth and fifth vote, the High Court had a majority, necessary to defeat the Liberal wing of the Court. Chief Justice Roberts would look more the fool for siding with the liberal wing now, even if he likely wanted to. For to do so would be demonstrably inconsistent with his pro-Second Amendment votes in Heller and McDonald, and, as Chief Justice, he would prefer not to be situated with the losing side on any occasion, but certainly not on a case of this magnitude.And Kavanaugh would be compelled to side with the majority as he said as much in his concurring opinion in the NYC Gun Transport case. He made clear the Court would have ample opportunity to hear a Second Amendment case on the merits in the future, which he would support, and that day had come, even if he would prefer not to see it.Hochul and Albany were therefore on their own to devise a strategy to salvage the Sullivan Act. And, it would have to come after the fact once the case was decided on the merits. And since Bruen dealt squarely with State law, as it no longer had anything to do with New York City Rules, Mayor Adams would have done well to keep his mouth shut. He didn’t. Ever the lackey, under the thumb of Neo-Marxists and Neoliberal Globalists, and discerning that it would be best for him not to disappoint Kathy Hochul, he would do what was expected of him; and that meant concurring with whatever the Governor had in mind. His own Press Release reflected that. On the official NYC website, Adams echoed the sentiments of both Hochul and of the State Senate Majority Leader, Andrea Stewart-Cousins. In so doing, Adams made clear and indisputable, if ever there were any doubt, that he vehemently disapproves of the civilian citizen's right to armed self-defense. He declared, “Put simply, this Supreme Court ruling will put New Yorkers at further risk of gun violence. We have been preparing for this decision and will continue to do everything possible to work with our federal, state, and local partners to protect our city. Those efforts will include a comprehensive review of our approach to defining ‘sensitive locations’ where carrying a gun is banned, and reviewing our application process to ensure that only those who are fully qualified can obtain a carry license. We will work together to mitigate the risks this decision will create once it is implemented, as we cannot allow New York to become the Wild West. One thing is certain: We will do whatever is in our power, using every resource available to ensure that the gains we’ve seen during this administration are not undone, to make certain New Yorkers are not put in further danger of gun violence. This decision may have opened an additional river feeding the sea of gun violence, but we will do everything we can to dam it.” See also the article posted on the website, Reason, on November 10, 2021, a week after the Oral Argument in Bruen.“Before he was elected mayor of New York City . . . , Eric Adams raised some eyebrows by saying he would carry a handgun to protect himself and any houses of worship he might visit. While those remarks were controversial, the real scandal is that ordinary New Yorkers cannot legally carry guns for self-defense—a privilege that Adams takes for granted as a former police officer.That double standard came into focus last week, when the Supreme Court considered a constitutional challenge to New York's carry permit law. Unlike the vast majority of states, which allow residents to carry guns in public if they meet a short list of objective criteria, New York gives local officials broad discretion to decide whether an applicant has ‘proper cause’ to exercise a right guaranteed by the Second Amendment.Former U.S. Solicitor General Paul Clement, speaking on behalf of the law's opponents, emphasized that applicants cannot pass the state's amorphous test by expressing a general desire to protect themselves against criminal assault. ‘In order to exercise a constitutional right that New York is willing to concede extends outside the home,’ he noted, ‘you have to show that you have an atypical need to exercise the right that distinguishes you from the general community.’That situation, Clement said, ‘describes a privilege’ rather than ‘a constitutional right.’ Most of the justices seemed inclined to agree.”Six Justices did agree—two of them, Roberts and Kavanaugh, likely reluctantly—the flipside of what occurred a couple of years earlier, where it was 6 to 3 that voted against the NYSRPA and individual gun owners in the disastrous “Gun Transport” case.

A SCHEME IS HATCHED!

Hochul and the Democrats in Albany, with their band of attorneys, conceived and executed a plan to salvage the Sullivan Act, which meant, by logical implication, sabotaging the Bruen holdings, albeit without appearing overtly that they were doing just that. Hochul and the other conspirators in her Government had ample time to plot a way around Bruen, notwithstanding the clarity and conciseness of the case, delivered in the first sentence of the Opinion. Obviously, someone alerted Hochul as to what to expect. Could it have been the same law clerk who had presumptuously and illegally released an early copy of the Dobbs decision to the Press? In aPress Release, dated May 3, 2022, printed in full by the Washington Examiner, the Chief Justice said he has “directed the Marshal of the Court to launch an investigation into the source of the leak.” Did the Chief Justice find the leaker? If so, he hasn’t reported it, which belies the sense of importance that he says he had placed upon it. See the article in the Federalist concerning it:“More than 100 days have passed since the infamous leak of the U.S. Supreme Court’s majority draft opinion in Dobbs v. Jackson Women’s Health Organization and Americans are still no closer to finding out the identity of the leaker than the day the draft decision was published.”Deception and contrivance and false reporting and hiding findings seem to be the modus operandi of this Federal Government.But, concerning the Second Amendment—the importance the founders of the Republic, the framers of the Constitution, had placed on it is a matter always front in center. It is a matter as important to a tyrant who is as wary of the armed citizenry as the armed citizenry is wary of the tyrant. The matter of firearms is not a topic easily dismissed or swept under the rug. Tangible weapons in the hands of criminals and in the hands of a tyrant’s standing army—that may be used or have been used, or continue to be used, or will be used against the people—require arms in the hands of the people to counter the threat.Governor Kathy Hochul and the Democrat Party controlling majority in Albany see the law-abiding citizenry as a greater threat to themselves than the criminal element that is tearing down the community they are sworn to protect but do not. It is their design then, through their policies, to destroy society, just as on a National level it is the aim of the Democrat Party-controlled Congress and the Biden Administration to do the same to the Country. The decision of the U.S. Supreme Court places a damper on both. It impacts New York immediately and directly, but it has a ripple effect across the Nation. Hochul and Albany meant to throw a wrench into the Bruen rulings.The scheme wasn’t perfect, and it really fooled no one—certainly not anyone who spends sufficient time to pour over the elaborate contrivance. But, it was the best they could muster, given the clear exposition of Bruen.Associate Justice Thomas, writing for the Court majority, opined:“In District of Columbia v. Heller, 554 U. S. 570, 128 S. Ct. 2783, 171 L. Ed. 2d 637 (2008), and McDonald v. Chicago, 561 U. S. 742, 130 S. Ct. 3020, 177 L. Ed. 2d 894 (2010), we recognized that the Second and Fourteenth Amendments protect the right of an ordinary, law-abiding citizen to possess a handgun in the home for self-defense. In this case, petitioners and respondents agree that ordinary, law-abiding citizens have a similar right to carry handguns publicly for their self-defense. We too agree, and now hold, consistent with Heller and McDonald, that the Second and Fourteenth Amendments protect an individual’s right to carry a handgun for self-defense outside the home.”The holding was concise, unambiguous, and categorical. But would it suffice to prevent a New York Government, that had a long tradition of constraining the natural law right of armed self-defense, from devising an end run around the holding, while ostensibly complying with the dictates of it? Apparently, in anticipation of just that possibility—and with Justices Alito, Gorsuch, and Barrett in agreement, and with two others, Justice Brett Kavanaugh and the Chief Justice, John Roberts, in tow, if only reluctantly—Justice Thomas set forth an additional holding in the second paragraph of the opinion. He wrote, in pertinent part:“The parties nevertheless dispute whether New York’s licensing regime respects the constitutional right to carry handguns publicly for self-defense. . . . Because the State of New York issues public-carry licenses only when an applicant demonstrates a special need for self-defense, we conclude that the State’s licensing regime violates the Constitution.”It would seem clear enough at least to a casual observer that the U.S. Supreme Court had covered two critical bases—seemingly sufficient to forestall Kathy Hochul and her compatriots in Albany from circumventing Bruen.Boiled down to its essence the Court’s first two holdings set forth in the first two paragraphs of the Opinion, established the following:

• The right of a law-abiding citizen to possess a handgun for self-defense exists beyond the confines of one’s home as well as in it; and
• New York’s Gun Law, requiring a person to justify a special need to carry a handgun for armed self-defense outside the home, is unconstitutional.

The implication of the first holding is that the right of armed self-defense, unconstrained by place, time, or circumstance, follows from the plain meaning of the Second Amendment for there is nothing in the language of the Second Amendment to suggest an American’s right of armed self-defense is limited.The implication of the second holding is that a showing of special need to carry a handgun for self-defense outside the home is inconsistent with the natural law right of armed self-defense. A claim of simple self-defense is sufficient and that simple claim need not be stated, for it is logically implied in the language of the Second Amendment. To require one to assert self-defense to justify the issuance of a concealed handgun carry license would be redundant.Did Justice Thomas, et. al., adequately cover their bases? Apparently, they didn’t realize just how cunning Hochul and  Albany could be, and how advanced notice of the decision gave her Government ample time to defuse the import of the holdings.Even with the Court’s acute legal minds and an unshakeable desire and resolve to preserve the citizen’s natural law right of armed self-defense—a right both fundamental and immutable, unalienable and eternal—Justices Thomas and Alito, in particular, might not have foreseen the lengths to which Kathy Hochul’s Government was prepared to go to protect a 100 plus old Gun Law, the Sullivan Act of 1911, and the diabolical cleverness of the Government’s scheme to override Bruen even as her Government created the illusion of complying with it, by striking the phrase, “proper cause” from the Sullivan Act. She could work around that and has done so. The “Good Moral Character,” of little importance given the “proper cause” requirement, has been re-engineered to function much like the “proper cause” requirement.Thus, it may well be that Justices Thomas and Alito did know or did suspect that New York would disobey the rulings of the Third Branch of Government. For, did they not have firsthand knowledge of how lower State and Federal Courts, including those of New York had hitherto disobeyed the clear rulings of Heller and McDonald?That Bruen was needed at all to rectify the matter of prolific disobedience to Heller and McDonald serves as proof of the tenacity of Anti-Second Amendment State Governments as well as the tenacity of the Biden Administration and the Democrat-Party Controlled Congress, at the Federal level, to arrogantly dismiss the U.S. Constitution out-of-hand, even as it pretends to cohere to it, with its ludicrous claims of adhering to the Rule of Law and of claiming it is a steadfast defender of Democracy.It is interesting to behold that Democrats like to throw out terminology without ever bothering to define what they mean by it as if expressions like the ‘Rule of Law’ and ‘Democracy’ are self-explanatory. They aren’t. But, by referring to these phrases, ad nauseum, and positing undying faith and passion in them, Democrats presume the American public will take them at their word, reflexively, like a sneeze or cough, as if they care deeply about the well-being of the Nation and the American people. They don’t. And that is exemplified by policies systematically designed to wreck the economy, demoralize the citizenry, weaken the Nation militarily and geopolitically, dismantle our institutions, and shatter the cohesiveness and stability of society. Nothing better exemplifies the danger wrought by the Destructors of our Nation and its Constitution, who pretend to be Defenders of both, than the inexorable disintegration of our Nation’s Bill of Rights, especially that of the Second Amendment.Consider——The Heller case of 2008 reaffirmed what all rational minds know: the right of the people to keep and bear arms is an individual right unconnected with one’s service in a militia. That the prefatory “militia clause” might mean the right of the people to keep and bear arms is a collective right flies in the face of the very purpose of the Bill of Rights. Apart from the dictates of the Tenth Amendment, referencing the doctrine of federalism underlying the relationship of the Federal Government to the States, the first Nine Amendments of the Bill of Rights codify the natural law rights of the individual and the Second Amendment is no exception.The militia clause—a dependent clause under the rules of English grammar—is not a thing that can, or does, stand-alone, for dependent clauses are not complete sentences: they don’t convey a complete thought.* The late Justice Antonin Scalia, who penned the majority opinion in Heller, explained the prefatory, dependent clause, “a well regulated militia being necessary for the security of a free State,” does not assert a limitation on the independent clause, “the right of the people to keep and bear arms shall not be infringed.” Rather, the prefatory clause provides a rationale for the independent clause that follows. Justice Scalia explained that the drafters of the Second Amendment knew that nothing less than a well-armed citizenry would serve as the best deterrent to tyranny emerging in the Federal Government. This was of great concern, especially to the Antifederalists, among the framers. They were justifiably wary of establishing a strong central government with its own standing army. Thus, an independent citizen army, unbeholden to a federal government, would have both the means and the frame of mind to deter tyranny if such should come to pass.Oddly, many academicians today ignore this or dismiss this. They argue that the Constitution’s framers could not have intended to create, in the Second Amendment, a mechanism through which the commonalty could overthrow their own Government. Therefore, any right to keep and bear arms had to be tied to a militia—but one that was constrained by the Federal Government itself. One academician says that the Federalists, among the framers of the Constitution—those who supported a strong centralized Government and a strong standing arming—intended for armed citizens, as part of a militia, to function under federal control. Can that be true? They write,“In the eyes of the Federalists, the past had proven that the militia, to be effective, had to be federalized. The discipline of militia members, in particular, was of paramount concern.  Federal authority over the militia would also create uniformity in arms and training. But of the two means of military power recognized by the document, a standing army and a militia, both were put under federal control.” Of course, today, militias as such, are under firm State and/or Federal control. These militias have transformed into ‘national guards.’” “The Inconvenient Militia Clause Of The Second Amendment: Why The Supreme Court Declines To Resolve The Debate Over The Right To Bear Arms,” 16 St. John's J.L. Comm. 41(Winter, 2002), by Robert Hardaway, Professor of Law at the University of Denver College of Law; and Elizabeth Gormley and Bryan Taylor, graduates of University College of Law 2001The writers go on to say, in support of the idea the Second Amendment must, on logical as well as legal grounds, only be construed as conferring a collective right to keep and bear arms:“One of the most commonly made arguments by the broad individual rights advocates is that the Second Amendment embodies some sort of right of insurrection. This is a difficult argument to sustain given the numerous, and sometimes explicit, provisions against insurrection in the Constitution. Perhaps the most obvious constitutional prohibition against insurrection is the treason clause which forbids making war against the United States. Armed insurrection obviously is making war on the United States. Therefore, far from embodying a right of insurrection, the Constitution explicitly criminalizes the act. Further, the militia clauses themselves deny any right of insurrection. One of the constitutional functions of the militia is to suppress insurrection. It strains credulity to believe that the same institution would be empowered with the right to engage in insurrection and the duty to suppress them. As one writer expresses, the Constitution cannot view the militia both as a means by which government can suppress insurrection and as an instrument for insurrection against the government. It must be one or the other. ‘The Militia Clauses make clear which one it is.’ Lastly, the militia was intended to implement the guarantee clause. This provision reflects Madison's desire to expressly guarantee the ‘tranquility of the states against internal as well as external dangers.’ The primary concern underlying the provision was to secure the ability to put down insurrections such as Shay's Rebellion. Taken together, these clauses ‘make it overwhelmingly clear that the Constitution was framed to forbid, prevent, and punish insurrection against its own laws - as, indeed, any constitution that claims legitimate authority must do.’ To assert a constitutional right of insurrection is fundamentally illogical. The Constitution could not embrace the means of its own destruction. As Lincoln said in his first inaugural address, ‘it is safe to assert that no government proper ever had a provision in its organic law for its own termination . . . it being impossible to destroy it except by some action not provided for in the instrument itself.’ The right of insurrection inheres intrinsically in all people, regardless of the government under which they live; it does not derive its sanction from a disputed interpretation of an amendment with an altogether different purpose.’” Id.It might be noted that the afore referenced law review article came out seven years before the Heller decision. AQ mentions this not to suggest that, perhaps, the writers would admit they were wrong in their thesis. Rather AQ mentions this because the writers would likely maintain they are correct and it's the U.S. Supreme Court authors of the majority opinion who are wrong. The entire thesis begins with the assumption that the antecedent dependent militia clause controls the import of the following independent clause and serves as a defining limitation of the right of that clause, i.e., that the people to keep and bear arms operates only as long as one serves in a State militia; and, as the notion of a 'state militia' has essentially been superseded by 'state national guard units.' The writers say, in that regard: “Of course, today, militias as such, are under firm State and/or Federal control. These militias have transformed into ‘national guards.’” The import of these assertions is not to be taken lightly. For, the writers allude to the idea that, since militias don't exist any longer, at least as they like to understand the meaning of the term, 'militia,' the Second Amendment is essentially nugatory, which means that it serves no function and, so, should be repealed. This is also the thesis of retired Associate Justice John Paul Stevens, and that of Justice Steven Breyer as well, although Breyer did well to refrain from mentioning that position in his dissenting opinion in Bruen. But there is more at stake here. The argument made has disturbing implications impacting the relationship between the American people and the Federal Government. The writers of the afore referenced article claim that the framers of the U.S. Constitution could not and would not under any circumstance conceive of a situation where the citizenry would have the right and obligation to dismantle the Federal Government.The argument made begs the salient question, of whether “insurrection” qua revolt or rebellion against tyranny is not what the framers of the Constitution had in mind when penning the Second Amendment. After all, didn’t these men once take up arms against a Tyrant, the British Empire? The writers of the above article would rather not deal with the implications of their own thesis and the attendant, and very serious consequences of that thesis. They merely dismiss out of hand that there could exist any moral, and legal, justification for the American people taking it upon themselves to dismantle an unjust Federal Government, i.e., a tyrannical Government, and bringing the servants of that tyranny to justice. These writers, so careful in positing an argument against what they refer to as insurrection, slither around how it is, or whether, the American people could rightly, legally, dismantle a Government that no longer serves the interests of the American people, and, in fact, operates contrary to the interests of the American people. But, let us here take a closer look at that thesis and consider the legal and logical consequences of it. We begin by asking——  Would the founders of our Republic be so naïve as to believe that the “Federal Government” they were devising could not itself—even with their best efforts to constrain a powerful, centralized Government—one day devolve into tyranny? And, if so, would not the American people have a right and obligation, then, to take up arms against that tyranny just as they had once taken up arms against tyranny? The Federalists, among the framers of the U.S. Constitution, who supported a strong centralized Government, would certainly be well aware of the threat to life, and liberty, and well-being of the American people, as were the Antifederalists who emphasized their concern and who emphatically demanded inclusion of a Bill of Rights in the Constitution to prevent such an event occurring. And the Federalists relented realizing the obvious truth. The Antifederalists would not leave it as a matter of faith that Government servants would adhere to the express limitations on the exercise of Governmental power set forth in the Articles of the Constitution.It hardly takes much imagination to recognize that the founders of our Republic and framers of our Constitution would be appalled, indeed horrified, to observe the powers that Government now wields—powers that go well beyond the strictures permitted by the Constitution, and this Federal Government doesn't deny it; in fact, perfunctorily acknowledges it and operates with abandon. And our Government is well on the road to tyranny if it hasn't already swung over into it.So, yes, the founders of the Republic did recognize and would agree that the American people would have a right to revolt against a tyrant. To argue otherwise is to infer that the people do not have a right to rebel against tyranny. The writers of the afore referenced law review article must have known the logical implications of their argument but felt it better not to acknowledge the flaw in their reasoning. It is one that Justices Scalia, Thomas, and Alito made clear in Heller:Of course, Americans have the moral and the legal right—a sacred right and duty—to rebel against tyranny.But then, if the American people have both a right and a duty to revolt against tyranny, is that not to say that a Government that turns against its own people, has committed unforgivable violence against its people—a cardinal transgression against the Divine Creator as well. For tyranny of Government manifests as oppression and subjugation of a people and that destroys the sanctity and inviolability of the Human Soul. And that, in turn, amounts to sin against the Creator.Such violence, therefore, amounts to treason against the people. Is not the crime of high treason a two-way street, then? If Americans who rebel against a just and fair Government are justifiably, rightly to be roundly condemned and deemed traitors, and if they are to suffer the consequences merited for their egregious crime, is it not also so that an unjust Government that betrays its people should not be similarly deemed traitor against the people, and rightly rebuked for it? And would not that just rebuke include the dismantling of that Government and trial and punishment of those servants of the people who have—through their treachery and licentious betrayal of Oath to Country, and to Constitution, and to People—brought the Nation to ruin, and brought Constitution and people to harm? And ought not those disloyal servants suffer severely for their crimes, lest to forgo punishment serve to condone it. And if a Government is not to be considered a traitor to its own people, is that not to say the people are less to be regarded than the Government? But, in our Nation, it is the people who are Sovereign over Nation and Government and it is not the case that Government is Sovereign over Nation and people. If so, and if one remark that high treason is to be regarded as a crime against the sovereign, then wherefore is the argument to be made that no action of the Federal Government toward its people shall work as treason against them? What then is to be made of the assertion that the American people are sole Sovereign over the Government of the United States and that Government owes its existence and continued presence only by the will and consent of the Governed—the people who had created that Government to serve them. How is it that the servant, owing its existence and its duty to the people—the one true Sovereign—should entertain for itself that the people serve Government and the Government can do with the people as it pleases, even to oppress and subjugate them. Of what use is an electoral process at that point? To whom is it that the people can turn to as their elected representatives when those representatives are all of the same cloth—united against the people? Of what greater urgency and need exists then for armed revolt?Is not the tyranny of Government against its people, treachery of Government toward its people? If so, is not ‘tyranny’ then but equivalent to the term ‘treachery of Government’ and should not the term ‘traitor’ not apply with equal and bold force to that Government, any less so than to a person who would revolt against a just Government? Is not a “tyrant” but a “traitor’ to the people—certainly a people whom the founders pointedly ascribe the term “Sovereign” to, whom they could not and did not ascribe that term to when speaking of a tyrant who was Sovereign, namely, the King of England?Tyrants of course are the last sorts that would acknowledge that they are tyrants and would continue to deny that even as they are led to the gallows. Is it any wonder that tyrants such as those in the Biden Administration and in some State Governments would be oblivious to their own acts of treason against the people? Is it not curious that the Attorney General, Merrick Garland, would proclaim that Americans who belong to “militias”—bands of armed citizens who are not connected with the “national guard”—are the greatest threat to the Nation? But is it not they, some of these servants of the people, rather than we, the People, who are the greater and graver threat to the Nation—to the Security of a free State?As can be seen through dissenting opinions in Heller, McDonald, and Bruen, these Justices do not recognize the right of the people, as individuals, to keep and bear arms. Given the opportunity, these three cases would be overturned, marking the quickest reversal of U.S. Supreme Court thought in American jurisprudential history.At the State level, too, people like Kathy Hochul and those in control of the State Senate and Assembly in Albany, view the armed citizen as a graver threat to the State than common criminals and even well-armed and well-funded international criminal cartels. Strange that, but true nonetheless. Otherwise, her Government would have taken measures to bring these psychopaths and lunatics to justice. They don't! Ant that is telling. Thus, it is no surprise to see Hochul and Albany caustically attacking the High Court, with affected pieties, and insincere demonstrations of acquiescence to the Supreme Court's rulings. Who, indeed, has dangerous impulses here?Is it so beyond the pale for Americans to demand their right to armed self-defense against predatory creature, predatory man, and predatory Government? The High Court rightly admonishes Government actors who do not abide by the Constitution. The Court rightly ruled against the New York Government.Here, in New York, we see a Governor who claims by the power she exerts—as did her predecessor, Andrew Cuomo—justification to exert that power, as she pleases. It is all circular reasoning, albeit with real-world, not mere academic consequences. Hochul fails to recognize that she is expected to serve the interests of the people of New York, consistent with the State and Federal Constitutions. Affected pieties don't serve as an adequate substitution for serving the interests of the people of the State.Kathy Hochul’s Government, like several others, ignored Heller. And they were prepared to ignore McDonald too, until the High Court made clear that the Second Amendment right of the people to keep and bear arms applies to the States, no less so than to the Federal Government, through the application of the Fourteenth Amendment. In New York, it is the Hochul Administration and the controlling Democrat Party Legislature in Albany that is acting the part of an unfettered out-of-control Tyrant.With the attitude of a tyrant—the Hochul Government and Legislature—behave with customary indignation at any authority that would dare dictate to them. But, the U.S. Supreme Court has done just that, dictating to the New York Government, that its Gun Law is inconsistent with the import of the Second Amendment, having found Petitioner’s case to have merit. Hochul and Albany aren't concerned about armed civilian citizens per se. Rather, they are concerned about what that armed self-defense represents: a threat to the Government itself. The New York Government has long abided lawlessness in New York, such coming from the criminal element. That lawlessness the Government will tolerate, perhaps even encourage. That criminal element poses no tenable threat to the Government. It is something the Government understands for that Government, too, like the omnipresent and ferocious and voracious criminal element, has become a law unto itself, unbeholden to New York's own Constitution and to its laws and to the Constitution and Laws of the United States Government. It has become lawless. A Government that refuses to recognize that it is the people whom it exists to serve, and not the other way around is a danger to the people and must be taken to task. The U.S. Supreme Court has done so. And New York isn't alone in its distrust of and its disdain for the common people.Somewhere in the last 250 years of our Nation’s existence, Governments at all levels forgot the fact of and the meaning of the American Revolution.Government tyranny has become the very thing the people must fight against. The Federal Government and many of the State Governments do not represent the will of the people, and care not at all for their needs; not anymore. These Governments, ironically, defer to the foreign dictators whom our Founders fought a successful war against. Back then, it was the mighty British Empire funded by the fabulously wealthy Rothschild financial clan. Today, it is much the same threat, albeit now restructured, reconstituted, as one even more powerful: the European Union and various supra-national constructs like the United Nations whom we are told do not wield any authority, but only advice. How is it then that the Biden Administration adheres to the pacts and tracts and treaties emanating from the United Nations that our Nation never signed, nor even discussed?The money behind these monstrous global entities belongs now, as in the past, to the powerful Rothschild family. The Rothschild clan and other mega-billionaires are working together to complete a transnational neo-feudalistic empire spanning the world, to replace all present western nation-states. The world of the 21st Century is shapingThe Rothschild family and its minions have extended their reach—through the vehicle of the central banking system—throughout the world. A world comprising two powers: a western neo-feudal empire and CCP China. A strong, vigorous, independent sovereign United States doesn't factor in that equation. It is in the process of disassembling.New York is its own little fiefdom—a Baron that owes allegiance to a Lord that doesn’t even reside in our Country.The purpose of  New York’s Gun Law, the Sullivan Act, was designed then as now, to constrain, and—as can be seen through further attempts by the Government, through time, to constrict and restrict the right of the law-abiding civilian citizens of New York to keep and bear arms ever further—eventually to curtail the exercise of the right, altogether. In her Press Release, upon official publication of the Bruen case decision, Governor Hochul made clear a passion to constrain the inherent right of armed self-defense, regardless of the rulings of the High Court. In both her tone and in the content of her messaging, Hochul conveyed a contemptuous attitude toward the High Court and made no attempt to disguise her contempt of the Court. Likely she is taking her talking points from others who pay for her campaign, and those who formulate her policies. She is essentially a messenger, and she is paid handsomely for doing the work of her benefactors, just as Biden takes his share of wealth from a shadowy network of benefactors. He has no compunction against selling out the Country. He has had plenty of decades of practice; nor does he mind mouthing platitudes, if he understands at all what it is he is asked to recite. So he informs the public that all is well and that he means well and everything will be just fine. He doesn't believe that he is capable of coherent thought any longer anyway. And the propagandists that feed him and his Administrators their lines, don't sound convincing, and it is not necessary that they do sound convincing to the public. The Federal Government is long past caring what the polity thinks anyway. It is only necessary that they obey. Meanwhile, the Country goes to Hell in a Handbasket.Further litigation and armed revolt are to be avoided. New York has an opportunity, through the electoral process, to throw out the petty tyrants, and vote into office people who respect the Constitution and the fundamental natural law rights of man. A vote for Lee Zeldin for Governor of New York is the most obvious way and the easiest way to turn the State back to its historical roots. So many people in New York and throughout the Country have been so conditioned to deny the truth before their eyes that they continue to reflexively vote into Office the same tyrants who do nothing to promote the well-being of the people and society. The Country was well on its way to recovering its security under Trump: economically, geopolitically, militarily, and societally. But the airwaves are now filled with negativity and our own tax dollars are being used against us. Americans must wake up to the truth and confront the lies and liars head-on. It just takes a little common sense and a leap of faith.It is far easier and much less time-consuming and expensive to prevent a petty tyrant from serving in Office in the first place than it is to attempt to remove a tyrant after the fact. California provides several textbook examples of what is to be avoided. New York should learn from this. How much more damage can New Yorkers be expected to take? How is it that so many people have taken leave of their senses—always believing that a better, safer, New York is just around the corner even as the truth illustrates something else entirely? And the not picture isn't an attractive one. And it won't become any more attractive if people keep electing the wrong people to Office. At some point, even the electoral process may well be denied to the citizenry. New Yorkers already have a good taste of Kathy Hochul and her brand of politics and politicking. It is no different than that of Andrew Cuomo. She shares the same set of beliefs; she conveys the same messaging, and she is backed by the same Globalist money. It isn't the average New Yorker that informs her policies and decisions. On crime, the right to armed self-defense, on abortion, Hochul packages her policies as candy; telling the voting public what she thinks the public would like to hear, but not what the public needs to hear. Between Kathy Hochul and Lee Zeldin, there is a world of difference. Each New York resident should ask: which world would he or she prefer to live in? ___________________________________ *Every child learns this, or, at one time, had learned this. That was before the lunatics took control of public education and proclaimed the dogmas of “Diversity, Equity, and Inclusion,” “Critical Race Theory,” and “Transgender Doctrine,” more important to the structural formation of young minds than developing a child’s own critical thinking processes, by teaching the core traditional subjects, like “reading, writing, and arithmetic,” and those subjects that instill in our youth a love of and an appreciation for our history, heritage, and ethical system of justice through which our Nation can continue to survive and thrive: a free Constitutional Republic.____________________________________Copyright © 2022 Roger J. Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.

“THE PRIVILEGE” TO KEEP AND BEAR ARMS SHALL NOT BE INFRINGED?

“THE PRIVILEGE” TO KEEP AND BEAR ARMS SHALL NOT BE INFRINGED?

QUOTATION LEAD-IN TO ARTICLE

“It is time for us to think outside the box and form two countries. Instead of civil war I propose civil separation. We are two countries, so ideologically opposed that each feels victimized and dominated by the other. Political leaders need to step up and brainstorm next steps. Clearly lay out the two ideologies and give each state a vote as to where they belong.” ~“Opinion Letter” from reader of The New York Times posted on June 5, 2022, responding to May 27, 2022 “America May Be Broken Beyond Repair,” by the Political Progressive Columnist for the Times, Michelle Goldberg. The letter writer, Dawn Menken, a Psychologist, from Portland, Oregon, is the author of “Facilitating a More Perfect Union: A Guide for Politicians and Leaders,” published in 2021*

THE CONCEPT OF ‘PRIVILEGE’ ISN'T AT ALL THE SAME THING AS AN ‘UNMODIFIABLE, FUNDAMENTAL, IMMUTABLE, ILLIMITABLE, AND ETERNAL GOD-BESTOWED RIGHT’, BUT THE TWO CONCEPTS ARE OFTEN, AND ERRONEOUSLY, CONFLATED

If the American public didn’t know the truth before, it knows it now: the battle for the very Soul of the Country is on the line, and Ground Zero of that battle isn’t Uvalde, Texas. It’s New York City, New York.The Nation is indeed “two Countries,”—no less so now than at the time of the American Civil War: friend against friend, brother against brother, uncle against cousin, father against son. But, what is different today is that ideologies cut across and into the very notion of what it means to be an American. There are those who hold to the meaning and purport of our Nation as set forth in our Constitution and especially in the Nation's Bill of Rights. And there are those who wish to jettison all of it in the erroneous belief that our Nation is at its core,  immoral, even evil. They wish to destroy the very fabric of a free Constitutional Republic. These adherents of the ideology of Collectivism have, with the aid of nefarious and shadowy and powerful forces, residing both here and abroad, gained control over much of the Federal Government. And having gained control over much of the Press and of media, as well, they propagate their message to the American people incessantly and vehemently. But one thing these Collectivist overseers have not gained control over: America's armed citizenry. And that disturbs and perplexes them and places them in a quandary as to what to do about it. For doing something about that, these Collectivists must. One cannot destroy a Nation if one cannot gain control over those who have the will and means to effectively resist the insinuation of tyranny over them.But, how does one go about separating an estimated 400 million firearms (according to American Gun Facts) in the hands of one-third of the target population. According to a November 2020 Gallop Poll, thirty-two percent of Americans possess firearms. See also report of the Rand Corporation, a 2017 report of the Pew Research Center, titled, “the Demographics of gun ownership,” and an SSRN 2021 “National Firearms Survey.” Seditious newspapers, like the Washington Post, New York Times, Los Angeles Times, and USA Today, and seditious Cable and Broadcast news organizations, including ABC, NBC, CBS, CNN, MSNBC, PBS, and NPR disparage guns and gun ownership so frequently and so vehemently that a person is led to infer that their business models are designed around that one narrative. The amount of air time and Press coverage these news organizations devote to defensive use of arms is so scarce as to be essentially nonexistent. Such mention that is made of effective defensive use of arms to thwart criminal because of too much internet chatter regarding it, is given curt treatment with the hope that it will eventually dissipate on its own. Instead the American psyche is bombarded with viral memes. Injected with and subjected to verbal and visual memes on a daily basis, the American develops a phobic reaction toward guns and toward those who possess them: word phrases such as Gun Violence, Gun Culture, Mass Shootings, Assault Weapons, AR-15 Rifles, Weapons of War, Large Capacity Magazines, when coupled with images of violence operate as visual and auditory cues, that induce a neurotic reaction in the target population. This is to be expected; in fact this is intended. The goal is to create in the mind of the target a feeling of physical revulsion and repulsion toward guns.But, is it really a concern over the safety of innocent people that motivates a vigorous response against firearms and firearms' ownership, misguided though that be, or is there something more sinister at play? If it were the former, one would expect a harsh response toward the massive wave of everyday criminal violence infecting our Country, especially in the major urban areas. But, we see no such response. Those State and municipal Government officials and legislators who rabidly attack guns in the hands of average, rational, responsible, individuals handle rampant violent and vicious crime infecting their locales with an air of casual indifference and diffidence. So, it cannot be violent crime generally or violent gun crime committed by drug-crazed lunatics, psychopathic and psychotic gangbangers, and by garden-variety criminals that motivate these officials. What might it be, then? Why would Neo-Marxist/Neoliberal Globalist Government officials, along with their compatriots in the Press, go off half-cocked whenever a rare occurrence, invariably avoidable, of "mass violence" arises, occasioned by the actions of a solitary lunatic? Why would Government officials and legislators shriek for more nonsensical gun laws, targeting tens of millions of average Americans, predicating the need for it on the lowest common denominator among us: the lone wolf psychotic. The answer is plain. The actions of the lone wolf psychotic merely provide a convenient pretext. It isn't the criminal actions of the lone wolf malcontent psychotic that Government is concerned about. For that lone wolf doesn't pose a viable threat to a Government. Rather, it is the armed citizenry that poses a threat to Government and by the very fact that the citizenry is armed. But, why should Government fear its own citizenry? It shouldn't and wouldn't unless Government seeks to usurp the sovereignty of the citizenry, as it clearly aims to do.A perspicacious Tyrant would know it is a Tyrant. But this Federal Government doesn't know it. So entrenched in Tyranny is this Federal Government through years and decades of usurpation of the authority rightfully belonging to the American people, that it has grown oblivious to its unlawful usurpation of power and authority. The Federal Government has amassed power and authority that doesn't belong to it, and never did belong to it, believing, wrongly, that the power it has usurped from the people is rightfully its own. And the Government has become jealous in guarding this power, hoarding it all for itself.It then stands to reason that the Federal Government would come to perceive the armed citizenry as a potential rival to crush, rather than as a master to serve. But, even in that the Federal Government, as Tyrant, is really but a caretaker to those bankers and financiers who are plotting the demise of this western Nation-State and all western Nation-States.Americans celebrate July 4 every year, since July 4, 1776, the Day America's first  Patriots declared their independence from tyranny. The Declaration of Independence was a righteous but defiant act. It led to war. It was a war hard fought. And the seeming underdog vanquished the mighty British empire. July 4, 2022, is just around the corner. But every year, since the turn of the 21st Century, Americans have had cause for concern, whether this July 4th Celebration would be our Nation's last.The founders created a Republican form of Government, having considered and dismissed many others. the American people would themselves be sovereign rulers where their representatives would serve and represent their interests. A Republican form of Government as envisioned and as created is antithetical to a Dictatorship, where Government is sovereign over the people.The British monarchy would eventually come to terms with loss of the American colonies. The Rothschild clan, on the other hand, would not forgive nor forget the loss of those colonies, and the loss of financial riches across the Atlantic Ocean. With the help of other financiers they realized it best to use subterfuge rather than arms to defeat the colonialists descendants. With the creation of the Federal Reserve System and with the seeding of money to the representatives of the people, to do their bidding and not that of the American people, and with their control over vast levers of power of Government, and with their control of the Press—the mechanism of dissemination of information—the Rothschild clan and its captain have gained back in two hundred and fifty years all that they had lost in eight years of the American Revolutionary War—but for one thing:

UNLIKE THE PEOPLE OF THE EUROPEAN UNION AND OF THE BRITISH COMMONWEALTH NATIONS, THE AMERICAN PEOPLE ARE AN ARMED PEOPLE

A Tyrannical Caretaker Government for the Rothschild and Soros Financiers and Globalist Billionaire elites cannot gain control over a citizenry that has the requisite will and the means to effectively resist oppression and subjugation.Americans are well aware that the loss of their Republic, their Sovereignty, of their God-Given Rights and Liberties is at hand—but for the fact that Americans are armed.The senile, corrupt, weak-willed, and weak-kneed puppet of the Globalist elites, signed a flurry of executive orders on a wide variety of matters, rescinding and countermanding the gains made by Donald Trump in returning our Nation to prosperity and prominence on the world stage. But, the policy-makers wisely refrained from taking any action, curtailing the right of the people to keep and bear arms. The puppet masters knew that they would need time to consolidate their power even with the feeble, frail Biden puppet and legions of other lackeys at their disposal. And time they now had with Trump removed from Office. And they knew that it would be just a matter of time before some lunatic with a gun would create a furor that the Press could pounce upon. Perhaps, they even had a hand in prepping their psychotic robots to instigate the events that would serve as the quasi-plausible pretexts upon which to launch a flurry of new anti-gun legislation.All of this would be necessary. A new soci0-political-economic paradigm embracing the entire world is an ambitious project. And the remains of the United States is a vital component for bringing that project to fruition. Pragmatic concerns mandate this. But emotions probably also play a part. The Rothschild clan could see, not only in the demise of the United States, but in the manner of that demise—Americans denigrating their own history and heritage, destroying their own monuments, disparaging their own Founders—a malicious joy in that undertaking would be something the Rothschild clan and George Soros et. al. would chuckle over.The nascent American people effectively resisted tyranny once before, long ago, against immense odds, and overthrew a tyrannical Government, the British Empire. That empire was nominally ruled by a Monarch, George III. But it was  effectively ruled by the Rothschild Banking Cartel.George III was long laid to rest. The present British Dynasty, the House of Windsor, is decadent, effete, corrupt, and a major expense to the English people. Once Queen Elizabeth dies, the monarchy will quickly wither under King Charles if he becomes King at all. The English Parliament, like the monarchy operates more by empty ritual. The real power resides in the Bank of England, just as the Federal Reserve presides over the Government of the United States.The United States Supreme Court will soon release its decision in Bruen, and the puppet masters and their minions in the Press and in Government are worried; frantic, really. What claim can they make on the Nation if sovereignty over it continues to rest, not in them, but in the American people?Much more concerning to the Nation’s Destructors than a High Court decision in the Dobbs abortion case—a leaked version of which created a furor as it was designed to do—is retention by the Right of the People to Keep and Bear Arms. Unrestrained exercise of this Fundamental God-Given Right by the people goes to the heart of our Nation’s history, heritage, traditions, ethos, culture, and ethical and legal foundation.The Nation’s enemies, both inside it and outside it, detest America’s armed citizenry. They hate the Nation’s freedoms and liberties. They disdain the Nation’s belief and faith in Divine Natural Law.That abhorrence isn’t grounded on mere aesthetics or even on ethical concerns. It is based on frustration, rage, and fear. The Bill of Rights prevents America’s domestic and foreign enemies from taking control over the Nation and its people.In colorful language, The NYTimes explains this frustration, rage, and fear—one borne of Americans’ insistent adoration for its Bill of Rights. The Times says:“Most Republicans in the Senate represent deeply conservative states where gun ownership is treated as a sacred privilege enshrined in the Constitution, a privilege not to be infringed upon no matter how much blood is spilled in classrooms and school hallways around the country.” ~ from an article in The New York Times, May 26, 2022, by Carl Hulse, Chief D.C. correspondent for the NYTimes.That aforementioned article came out in late May. Two weeks later, ten U.S. Republican Senators, “Ten Little Indians”,** broke ranks. They betrayed their Oath to their Constituents. That was bad enough. But, they also betrayed their Oath to Country and to Constitution. That was worst of all. For, in doing so, they betrayed their Faith and Allegiance in the Divine Creator in daring to circumvent Divine Will. They have joined the ranks of the Democrat Party Neo-Marxist/Neoliberal Globalist Satanists. These “Ten Little Indians”—these ignominious United States Republican Party Senators, ten in number—should, properly, justifiably, suffer the fate of those “Ten Little Indians” of poem.The Hill reports, “A bipartisan group of senators announced a deal Sunday on framework legislation to address a recent surge in gun violence in the U.S.The proposed legislation includes funding for school safety resources, strengthened background checks for buyers under the age of 21, incentives for states to implement their own red flag laws, penalties for straw purchases of firearms and increased protections for domestic violence victims.The bipartisan group was made up of 20 senators, including 10 GOP lawmakers, many of whom are strong supporters of gun rights and political allies of the powerful National Rifle Association (NRA).”With support from those 10 Republicans, the legislation likely has the votes to overcome the 60-vote threshold to avoid a filibuster in the Senate. And what caused these 10 Republicans to take affirmative action against preservation of an absolute and essential fundamental Right—the Natural Law Right of Armed Self-Defense? What caused these Republicans to capitulate to the Neo-Marxist Democrats: Bribes of Money? Desire to appease an angry mob of Neo-Marxist Cultist lunatics? Fear of physical assault from this angry mob of Neo-Marxist Cultist fanatics and lunatics if these Republicans failed to bow down to the mob and to a renegade Neo-Marxist/Neoliberal Globalist-controlled Congress and to the powerful and ruthless forces that control them both? Or, were they of that mindset all along:The Destroyers of our Nation don’t even deign to refer to gun possession as a Basic Right—the most basic Right: one grounded on personal survival, be it from predatory creature, predatory man, or predatory Government. Rather they utilize the word, ‘privilege,’ in lieu of ‘right,’ to describe those who seek to exercise it. Tacit in the word, ‘privilege,’ is the idea of something wonderful that some people attain by dint of birth advantage or connection made or acquired—but that most do not.This substitution of words is no small thing. To be sure, the words, ‘right’ and ‘privilege,’ are often conflated. For example, in the Merriam-Webster dictionary——“A privilege is a right or advantage gained by birth, social position, effort, or concession.” Yet, a “Right’, i.e., a “Fundamental God-Bestowed Right” is something beyond mere “Privilege.” It is a thing intrinsic to a person—derived from natural law. The Stanford Encyclopedia of Philosophy elaborates on this:

• “To have a right is to have a ‘valid claim.’”
• “‘In the strictest sense’ all rights are claims.”  
• “A right, in the most important sense, is the conjunction of a [privilege] and a claim-right.”
• “All rights are essentially property rights.”
• “Rights are themselves property, things we own.”

This distinction between ‘fundamental right’ and ‘privilege’ rests at the root of  Bruen, whether one knows this or not, and therein rests its singular importance for Americans.And the Bruen case is more important to the preservation of a free Republic than many Americans can truly appreciate or the legacy Press and Government will let on.In its Brief for review, on December 17, 2020, the Petitioner presented the issue thus:“Whether the Second Amendment allows the government to prohibit ordinary law-abiding citizens from carrying handguns outside the home for self-defense.”The issue as stated goes to the heart of the import of the Second Amendment. Do Americans have a fundamental, unalienable right to keep and bear arms, or not? Petitioners meant to bring that salient issue front and center. Heller made clear that a person has the unalienable right to keep and bear arms in defense of hearth and home. But, the underlying basis for that ruling and the substructure of it is this: the right of the people to keep and bear arms is an individual right. The tacit implication is this: exercise of that right is grounded on natural law, and beyond the power of the State to meddle in it, i.e., the Right of the People to Keep and Bear Arms is God-bestowed, and, therefore, Absolute.In an attempt to lessen the impact of a ruling expected to favor the Petitioner, the Robert’s Court limited the scope of the issue on review to consideration of the Constitutionality of the City’s procedures for issuing concealed handgun carry licenses. The High Court redrafted the issue on review to this:“Whether the state of New York's denial of petitioners' applications for concealed-carry licenses for self-defense violated the Second Amendment.”John Roberts and the liberal wing of the Court attempted to chop off the legs of the issue at the knee: reducing the reviewable issue merely to the constitutionality of  NYPD procedures.In light of the recent Uvalde, Texas incident, an incident that the Harris-Biden Administration, along with a Democrat-Marxist-controlled Congress and seditious Press, has irresponsibly, reprehensibly, unconscionably, shamelessly and incessantly focused the public's attention on and magnified to further its goal—the eradication of the Nation's Second Amendment of the Bill of Rights and the toppling of a free Constitutional Republic—the Bruen case takes on heightened importance. This Neo-Marxist/Neoliberal Globalist abhorrence of the armed citizenry is borne of outright fear. The Tyrant always hates and fears an armed citizenry. But, what might Americans expect from the High Court apropos of Bruen.In a worst-case scenario for the puppet masters and their minions who seek the dismantling of our free Republic, the Court will strike down the entire handgun licensing regime. If that were to happen, the impact would be felt across the Nation.Americans would immediately commence filing lawsuits challenging restrictive concealed handgun licensing regimes across the Nation, as well they should.The Bruen case was/is primed to do just that. And, after more than a decade— and with Marxist/Globalist Government's continuing consolidation of power, methodically and inexorably stripping the citizenry of its Fundamental Rights and of its sovereignty over Government—it is high time for another seminal Second Amendment case. Only through the preservation of the armed citizenry can America's Patriots ever hope to preserve the Founders hard-fought victory over oppression and Tyranny. Only through steadfast defense of the meaning, and purpose, and  the American Revolution of 1776, can Americans effectively repulse the Neo-Marxist/Neoliberal Globalist Open Society/EU/UN/New World Order Collectivist Counterrevolution of the 21st Century.___________________________________

DON’T RELY ON THE U.S. SUPREME COURT TO PROTECT THE SECOND AMENDMENT.

THE FORTHCOMING BRUEN DECISION IS LIKELY TO BE MORE DISAPPOINTMENT THAN JOY—JUST LIKE THE NEW YORK CITY GUN TRANSPORT CASE DECISION THAT CAME BEFORE IT.

Even the most politically naïve of Americans and even the most devout of the Democrat Party faithful must now have serious misgivings about the future well-being of our Nation. They must now recognize that the Federal Government—after Trump—is not what they counted. It is not what they bargained for. They must now recognize that the Federal Government—this Federal Government—does not serve their interests and that it does not have their life, safety, and well-being at heart: quite the opposite in fact. The Executive Branch and the Democrat-Party-controlled Congress are two institutions serving the interests of the lunatic fringe Neo-Marxist Cultists and Neoliberal Globalist Billionaire Bilderberg Group Clubbists, only.The shared aspiration of both is to witness the demise of the United States as an independent sovereign nation-state; the destruction of a free Constitutional Republic; the annihilation of a once proud and sovereign American people and their concomitant debasement and devolution to subjugation, and servitude. And all that is occurring swiftly.Nor should Americans pin their hopes on the High Court—the Third Branch of the Federal Government—to save them from the mess deliberately propagated by the first two. If Americans believe that the U.S. Supreme Court will surely preserve and protect the Constitution and staunchly defend their Bill of Rights, they will surely be sorely disappointed.If the New York City gun transport case is a harbinger of things to come from the rulings in Bruen, then Bruen is likely to be a hollow victory at best. Less a third seminal Second Amendment case building on Heller and McDonald, Bruen is likely to read more like the Roe v Wade abortion case—a sorry attempt to satisfy everyone, it will likely do little to satisfy anyone. And, why do we say this:First and Foremost, Consider——The Roberts Court's reconfiguration of the issue in Bruen was meant to forestall  a cataclysmic ruling that would put a stop to the very notion of open-ended “gun regulations”—the bane of the Second Amendment—that would serve to buttress and strengthen the Heller and McDonald rulings. Chief Justice Roberts and the liberal wing of the High Court wanted none of that. And the restructuring of the  issue in Bruen was meant to guarantee that noxious, heavy-handed and clearly unconstitutional handgun licensing schemes, would be here to stay, at least in some jurisdictions. Thus, it behooves the American Patriot, to be wary of High Court meddling, no less so than Executive and Legislative Branch meddling in the matter of fundamental, immutable, absolute—yes, absolute—Rights. The Third Branch of the Federal Government—this Roberts Court, sans Scalia— no less than the first two Branches, will not zealously defend the Bill of Rights, and especially the Second Amendment right of the people to keep and bear arms, notwithstanding the integrity and fortitude and intellectual  acumen of Justices Thomas and Alito. For they are only two stalwart American Patriots remaining now that Justice Scalia is no longer with us. But, then, the Framers of our Constitution, with Divine guidance, did intend and did provide, through inclusion of God-Given Absolute Rights, existent inherently in man, that the American citizenry would be wanting if bereft of support from any one or more or all three of the three Branches of the Federal Government. The American people require not assistance in defense of the Nation's elemental Rights and Liberties, for the Federal Government cannot excise them away. The Executive Branch cannot issue Presidential edicts or Bureaucratic Rules to blunt the exercise of them. The Legislative Branch cannot enact laws to nullify them. And the Judicial Branch cannot issue opinions to deny their import. All attempts to modify, repeal, abrogate, dismiss, ignore, or reinterpret God-Given Rights by Governmental artifice is unlawful from the get-go. The plain, succinct, categorical language of the sacred Rights of the Bill of Rights of the United States Constitution makes transparent, the immutable, illimitable, eternal, non-modifiable, absolute nature of them and demonstrates the irrationality and incongruity of any attempt by the Government or by its proxies to diminish them.But, then, should Americans ever have placed faith in this Federal Government, above their faith in Divine Natural Law. Of course not! Does not this Federal Government, not unlike any other Government in history, have, within it, the seeds of repression, oppression—in a word, 'tyranny'? Assuredly so!Truly, to defend Liberty, Freedom, and Sovereignty, the onus will always rest, as it has in the beginning, and as it must in the end—on the people themselves— to defend their Liberty, Freedom, and sovereignty against all threats whether emanating outside the Country or writhing within its very bowels.Thus, Americans should not place, their hopes and dreams in the High Court as their main, much less their sole, source of and mechanism for their salvation. That Branch of Government, as with the other two, is ultimately a "political organization," as unreliable and as conniving as the other two. Sure, Justices Thomas and Alito are known quantities: men of unparalleled principle and ethics. But, only the late Justice Scalia had sufficient, formidable strength— capable of standing up to Chief Justice Roberts; keeping both Roberts and the liberal wing of the Court in check.But the eminent Justice Antonin Scalia is, unfortunately, no longer with us. He died under mysterious circumstances: circumstances never resolved, events not adequately explained; circumstances unlikely ever to be resolved or adequately explained to the public's satisfaction.So then, what will Americans likely see from the upcoming Bruen decision? The U.S. Supreme Court will strike down New York City’s procedures for issuing concealed handgun carry licenses, and it may do so on grounds of vagueness or arbitrariness; but that will still leave the heart of “may-issue”/“proper cause” in force. Stephen Breyer and the other liberal wing Associate Justices will file their lengthy and vehement dissents. And Associate Justices Clarence Thomas and Samuel Alito—with Amy Coney-Barrett, perhaps—will probably file concurring opinions. And, if so, they will likely point to, explicate, and expound upon the illegal and illogical “may-issue”/“proper cause” construct. But the concurrences as with the dissents will be dicta only. They will not have the force of law, i.e., they will not operate as binding holdings/rulings.The case holdings/rulings will, then, likely come up short. Given a reworking by the Roberts Court of the issue, as presented in Petitioners' Brief, it is unlikely  the Conservative Court majority will be able to strike down the entirety of concealed handgun licensing structure of New York even if Justices Thomas and Alito would be willing and prepared to do just that. For, if that were to happen, it would implicate and therefore jeopardize similar handgun licensing regimes in other Anti-Second Amendment jurisdictions. Justice Roberts and the liberal wing would never allow that to happen. And Justice Scalia isn't here to see that it would happen.See, e.g., article in Syracuse News, where one New York  District County attorney predicts that the Court's ruling in Bruen will be very narrow.

“Locally, law enforcement officials don’t expect the decision will affect the policing of guns or safety.

'I think (the court is) going to take the narrowest route possible' said Onondaga County District Attorney William Fitzpatrick.”

Strong concurrences by Justices and Alito and Thomas would only operate as dicta, not actionable case rulings/holdings. Thus, a minimalist Bruen decision would hearken back to the limp and lame New York City handgun transport case. That would be a blow to the sanctity and inviolability of the right of the people to keep and bear arms.  The validity of New York's concealed handgun licensing regime, along with the underlying methodology/paradigm model of “may-issue”/“proper cause” will remain intact. But that is what we will see. The Arbalest Quarrel hopes we are wrong in our estimates. We would be surprised but pleased if that were to happen, but we don't expect that it will.A minimalist High Court ruling in Bruen would also disparage the import of the Court’s rulings in Heller and McDonald. The Nation’s enemies would be pleased. America's Patriots, rightfully, would not.Such a paltry ruling would not bode well for the continued security of a free State, especially in the present unhealthy political, social, and economic climate.But, even a minimalist ruling favoring the Bruen Petitioners will not be good enough for Anti-Second Amendment news organizations such as CBS News, whose doom and gloom prognostications only see the upending of the entire New York State concealed handgun licensing regime:“The Supreme Court is on the verge of ruling on a case that could overturn New York state's gun carry law. Records obtained by CBS2 show as many as 20,000 more guns could inundate the streets of the Big Apple, following such a decision.”That isn't likely to happen even on a best case ruling scenario. For, contrary to this reporting, the constitutionality of the entire New York State concealed handgun carry regime isn't at issue. The issue on review goes to the procedures created by the NYPD Licensing Division. Chief Justice Roberts saw to that. So, we know where his sentiments rest, even if, as a matter of logic alone, and not law, the Constitutionality of the entire New York handgun licensing regime is impacted. As we expect, the underlying handgun licensing structure will remain unscathed, consistent with the restrictions made by the Roberts Court on the issue to be decided in Bruen.Suppose, then, that consistent with the constrained issue, the Court's majority does strike down the City's concealed handgun carry license procedures, only, leaving intact the salient structure of the State's handgun licensing regime. That won't do much for Petitioners' rights; at least not immediately, and, perhaps, not ever.New York State and New York City will take their good time in developing and  instituting new concealed handgun carry license procedures for issuance of unrestricted and restricted handgun carry licenses both in the City and across the State.CBS News, of course, sees a slow-walk as a good thing, as they assert in the afore-referenced article:“. . . a high-ranking source tells CBS2's Marcia Kramer it could take the city years to comply.”See also articles in other Anti-Second Amendment sources such as Gothamist and in the seditious CNN and NY Times.And the New York Government would take its own good time in concocting a new set of arbitrary procedures to replace the ones struck down. New Yorkers would then be back to square one. America’s enemies would breathe a collective sigh of relief. There is no doubt about that! The NY Times reported on June 6, 2022, the following:“In New York, Gov. Kathy Hochul has said that she would consider calling a special session of the State Legislature if the law were overturned. And after a shooting in Buffalo last month in which a teenager motivated by racism killed 10 Black people at a grocery store, she brought up the law unprompted, saying that her administration was ‘preparing our state for what could be a Supreme Court decision that allows people to carry concealed weapons. We’re ready.’A spokeswoman for the governor declined to elaborate further on the preparations.”One need not wonder of the impact the Uvalde, Texas Elementary School shooting incident will have on Hochul. She will only become more entrenched in slow-walking or sabotaging, outright, a Bruen High Court decision that strikes down the New York City' Police Department License Division's procedures for issuing concealed handgun licenses.More importantly is the question what impact the recent shooting incident will have on the U.S. Supreme Court itself. Has the Court made changes to the majority, and concurring, and dissenting opinions, as a result of that incident in light of immense news coverage of it and Congressional action on it?Americans will no doubt see the liberal-wing in rare form, writing political and public policy tracts disguised as legal opinions. And, don't be surprised to see Chief Justice Roberts doing the same. The danger here is that Roberts and Kavanaugh may, at the Eleventh Hour, do a one-eighty switcheroo and join the liberal wing of the Court. That would give the liberal wing of the Court the majority it needs to rule for the Respondent New York, against the Petitioners. New York’s unelected Governor, Kathy Hochul, true to form—hateful of the Second Amendment—is going ahead full throttle to destroy the Right of the people to keep and bear arms as if Bruen never existed, even though a decision in the case is imminent. She has made this patently clear in a flurry of Anti-Second Amendment legislation she has very recently signed, as well as in her executive orders.And the New York City Mayor, Eric Adams, is 100% onboard with Hochul, as he backs her continuing control of the State. An affiliate of NBC News, 4NewYork News, reports:“New York City Mayor Eric Adams endorsed New York Gov. Kathy Hochul for a full term on Wednesday, praising her as 'an amazing governor' who deserves a full term.Adams, a centrist Democrat like Hochul, told supporters at a Manhattan union hall that voters need someone who can 'get stuff done in the state of New York.' Hochul, the former lieutenant governor, is running to keep the job she has held since August 2021 when Andrew Cuomo resigned amid allegations of sexual harassment, which he has denied.”The Neo-Marxist/Neoliberal Globalist-controlled Federal Government and the Soros backed and funded Neo-Marxist/Neoliberal Globalist State and Municipal Governments across the Country do nothing to hide their visceral contempt for the American people or their outright loathing of the Bill of Rights. One sees all of this through their failure to comply with the strictures of this Nation's body of laws and its Constitution. Worse, one sees increasing intimations of brazen seditious meddling with and offending of Bill of Rights imperatives. Nothing  constrains the actions of the Collectivists' insinuation of tyranny throughout the Republic, much as they, together with CCP China, consolidate their control over the nation-states of the EU and over the British Commonwealth Nations.Still, the United States has one thing no other Nation or group of Nations or other political construct has: a true Bill of Rights that incorporates the preeminent Right: that of Armed Self-Defense. But, how many firearms are in private hands is not known, only guessed at, and that is a good thing.Government is not in the business of and should never be in the business of knowing or attempting to know who among the citizenry is armed and the manner of their armament. That fact goes hand-in-hand with the unalienable right of the people to keep and bear arms.The armed citizenry is the singular source of this Nation's strength, vitality, and well-being; the basis for the sanctity and inviolability of Selfhood; the foundation of a free Constitutional Republic; the necessary condition through which that free Republic may be maintained; and, the ground upon which the sovereignty of the American people over Government is secured and upon which tyranny is resisted, restrained, and repulsed.The High Court should keep all of this in mind when deciding Bruen. But, even a ruling in favor of Petitioners against New York, will not of itself secure the Republic against encroaching Tyranny. For the forces that seek to impose it are powerful, well-organized, and deeply entrenched in our private and public institutions.Governor Kathy Hochul has powerful, ruthless, and inordinately wealthy allies, who will support her if she does not comply with the High Court's rulings, striking down New York City's concealed handgun carry procedures. Indeed, they will certainly dictate policy for her as they have done all along, just as they are doing for New York City Mayor, Eric Adams. The public simply sees in Hochul's policy aims and actions an inkling of the face that hides in the shadows, dictating her policy aims and actions. Hochul's stubbornness, in failing to heed U.S. Supreme Court rulings in Bruen, will certainly tell all Americans, but especially those residing in New York, everything they need to know of the unbridled contempt both she and those that pull her strings have for our people; for our Republic; and for our Nation’s Constitution.Disdain toward High Court rulings does not bode well for the continued security of a free State in the present unhealthy political, social, and economic climate. We have seen this abject disdain played out by State Governments and lower Courts toward Heller and McDonald. Much the same disdain will be played out again in Bruen. That is why Americans must stay true to the plain meaning of the Bill of Rights, especially when it comes to matters of armed self-defense against Tyranny. At the end of the day, the Bill of Rights is all that they have to assert their will on a renegade Government. For the Nation's first Patriots, a firm conviction in the righteousness of their cause, a blanket refusal to surrender their firearms to tyrants, and a valiant will to use those firearms against tyranny, sufficed to vanquish a mighty but ignoble foe. At the time, the Bill of Rights was inchoate. But, the germinating idea of the immutability and illimitability of the natural law right of armed self-defense against tyranny sufficed to win the day.  The germinating idea of the immutability and illimitability of the natural law right of armed self-defense against tyranny sufficed to win the day against seeming insurmountable odds. Today, the Bill of Rights is manifest, and we, the armed citizenry, are legion. We descendants of the first Patriots should be able to repulse tyranny that once again threatens a free and sovereign people. Can we do so, if the need arises? If we have the will and wherewithal to resist tyranny, then we, Americans, will have all that is necessary to vanquish tyranny once again._____________________________________________*Menken’s book purports to be a guide for political leaders on how to bring the Country together to resolve the Nation’s differences. Yet, one year after publication of her book, it is clear from her NYTimes letter Times, that Menken has had a change of heart; surrendered to the truth that reconciliation is impossible. That should have been obvious to her. It wasn’t. How can there be a meeting of minds?There are two antithetical ideologies at play. One ideology is grounded on the principles, precepts, and tenets laid down in our Nation’s sacred documents. The other intends to set it all aside. One ideology was forged in the Nation’s struggle for independence from tyranny. The proponents of that ideology seek to preserve the Natural Law Rights and Liberties of the people. They intend to maintain and preserve the success of the American Revolution.The other ideology, grounded on the principles, tenets, and precepts of Collectivism, much in evidence today, seeks to upend the hard-fought battle for Independence from tyranny. For Collectivism is predicated on Tyranny. It is inextricably tied to it. In our website, we discussed all of this in several articles some time ago. See, e.g., our article posted four years ago, in 2018, titled: “The Modern American Civil War: A Clash of Ideologies.”At the very birth of the Nation, the enemies of a free State, went immediately to work to waylay and destroy it. These enemies, the Globalist Banking Cartel, commenced a quiet Counterrevolution to dismantle a free State and to usurp the authority of a sovereign people, bending them to their will.The descendants of the Nation’s enemies, the international financiers and their minions, alongside rabid Neo-Marxist radicals, residing inside and outside the United States, are dead-set on destroying this free Republic, as assuredly and as thoroughly as would occur by overt military conquest.Theirs is a Collectivist Counterrevolution. Utilizing modern tools of information and computer technology, psychological conditioning, organizational acumen, inexhaustible reserves of money, and control over Government and over the levers of commerce, media, and finance. They intend to destroy the political, social, economic, and juridical foundations of the Country, merging its remains into the nascent EU/UN super-state that is taking shape throughout the world._______________________________**The poem: “Ten little Indian boys went out to dine; One choked his little self and then there were Nine. Nine little Indian boys sat up very late; One overslept himself and then there were Eight. Eight little Indian boys travelling in Devon; One said he'd stay there and then there were Seven. Seven little Indian boys chopping up sticks; One chopped himself in halves and then there were Six. Six little Indian boys playing with a hive; A bumblebee stung one and then there were Five. Five little Indian boys going in for law; One got into Chancery and then there were Four. Four little Indian boys going out to sea; A red herring swallowed one and then there were Three. Three little Indian boys walking in the Zoo; A big bear hugged one and then there were Two. Two little Indian boys were out in the sun; One got all frizzled up and then there was one*. One little Indian boy left all alone; He went out and hanged himself and then there were none. (*In some versions Two Little Indian boys playing with a gun; One shot the other and then there was one.) ~From IMDB, referencing the afore-recited poem, Ten Little Indians, from the 1965 mystery film thriller by the same name.”___________________________________Copyright © 2022 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved  

TYRANNY, FUNDAMENTAL RIGHTS, AND THE ARMED CITIZEN

ARMED SELF-DEFENSE AS A BASIC HUMAN RIGHT

PART ONE

Is armed self-defense a basic human right? That is the crux of an ongoing debate for many people in the United States. It shouldn’t be but it is.The Second Amendment to the United States Constitution makes clear that armed self-defense is a fundamental human right. If anyone harbors doubt about that, the United States Supreme Court settled the question in 2008, in the seminal Second Amendment case, Heller vs. District of Columbia.The late eminent Associate Justice, Antonin Scalia, writing for the majority, opined “the inherent right of self-defense has been central to the Second Amendment right.”This means armed self-defense is not to be perceived as a thing apart from the broader notion of self-defense, but, rather, is subsumed in it. The sole issue in Heller was “whether a District of Columbia prohibition on the possession of usable handguns in the home violates the Second Amendment to the Constitution.”In ruling that an outright ban on the use of a handgun for self-defense in one’s home does violate the core of the Second Amendment right, the majority also held that the right of the people to keep and bear arms is an individual right unconnected with one’s service in a militia. This ruling is consistent with and is implied in the Court’s ruling on the salient issue.Moreover, the High Court made patently clear that Government didn’t create the right of armed self-defense but simply codified it, for the right of armed self-defense exists intrinsically in one’s being.The Court said,“Putting all of these textual elements together, we find that they guarantee the individual right to possess and carry weapons in case of confrontation. This meaning is strongly confirmed by the historical background of the Second Amendment. We look to this because it has always been widely understood that the Second Amendment like the First and Fourth Amendments codified a pre-existing right. The very text of the Second Amendment implicitly recognizes the pre-existence of the right and declares only that it ‘shall not be infringed.’”The recent Kyle Rittenhouse case is a textbook study of the utility of a firearm in effective defense of self against aggressive predatory attack.But this idea doesn’t sit well with Anti-Second Amendment proponents:“Gun rights are not human rights.”So says “democracy and human rights advocate,” Rukmani Bhatia who had served in the Obama Administration.Her assertion is posited not as a thesis to be proved but as an assumption to be accepted as self-evident, true, notwithstanding the plain meaning of the Second Amendment and the High Court’s rulings in Heller.No matter——Bhatia makes the assertion in a “Report” published by the George Soros funding Marxist think tank, “Center for American Progress,” on August 12, 2020.The Report is titled, “Untangling the Gun Lobby’s Web of Self-Defense and Human Rights,” and is subtitled, “Peddling False Rights, Profiting Off Fear.” Bhatia writes, in pertinent part,“Today, alongside this rights-based narrative, a parallel narrative exists that is perpetuated by the U.S. gun industry as part of a multifaceted effort to increase gun sales. This so-called gun-rights narrative manipulates the ideals of human rights to establish not only an inalienable right to life but also an unfettered right to armed self-defense to protect oneself from any perceived threat of harm. This narrative hinges on fear and the need to defend oneself and loved ones from unknown but ever-present threats through whatever means necessary and without regard to the rights of others. It is grounded by the false claim that the most effective means of self-preservation involves using a firearm.”From her remarks, dubious and outlandish as they are, one detects a note of irritation and frustration, borne of a deep-seated ethical or aesthetic abhorrence of guns and of the citizen’s right to keep and bear them. But there is more to be gleaned from this account.The Marxist antagonism directed to armed self-defense, as reflected in Bhatia’s “Report,” hides a sinister agenda.It is an agenda at loggerheads with the sanctity and inviolability of personal selfhood and one inconsistent with the preservation of the United States as a free Constitutional Republic.Grounded on the tenets and precepts of Collectivism (See e.g., Arbalest Quarrel article on the differences between Collectivism and Individualism), the Marxist intends to thrust their vision of reality on the entire Nation. Most Americans find that vision disagreeable if not thoroughly reprehensible and repugnant.The Marxist isn't unaware of this and resorts to artifice and chicanery to seduce the polity. The Marxist relies on the legacy Press and social media to assist in making it palatable to the public policy goals designed to transform a free Republic into a Marxist Dictatorship.Marxists mask their disdain for the dignity of man by disingenuously claiming to venerate it.At the outset of her Center for American Progress Report, Bhatia cites Article 1 of “The Universal Declaration of Human Rights” (“UDHR”) a document crafted by the United Nations, where, citing Article 1 of the UDHR and then expanding on the sentiments of it, Bhatia writes,“Every human life has inherent value and dignity, and every person has the right to life, liberty, and personal security. These truths are codified in the 1948 Universal Declaration of Human Rights (UDHR). The UDHR was historic, with nations coming together to explicitly recognize the need to protect and preserve these fundamental rights, structuring constitutions to explicitly defend their citizens’ human rights, and particularly their rights to life, freedom, and security. The protection of human rights continues to be a defining pillar to secure a stable, peaceful liberal world order. But in the United States, some groups—such as the gun lobby—are seizing upon this rights-based narrative to justify, dangerously, the right to bear, carry, and use firearms.”The United Nations says this about the development of the UDHR:“Drafted by representatives with different legal and cultural backgrounds from all regions of the world, the Declaration was proclaimed by the United Nations General Assembly in Paris on 10 December 1948 (General Assembly resolution 217 A) as a common standard of achievements for all peoples and all nations. It sets out, fundamental human rights to be universally protected and. . . is widely recognized as having inspired, and paved the way for, the adoption of more than seventy human rights treaties, applied today on a permanent basis at global and regional levels. . . .” Extolling the sentiments of the UDHR, as Rukmani Bhatia does in her Center for Progress Report, is all well and good. But how is one expected to effectively confront an aggressive, vicious attack that emanates from the predatory beast, predatory man, or the tyrannical, predatory Government if not through armed self-defense? The Marxist, Bhatia, doesn’t say, which begs the very question at issue in her Report. Is Bhatia not aware of this? Perhaps, she is aware of this but consciously chooses to slither around it, hoping no one perceives the gaping hole that she has left open in her Report.In an attempt to avoid dealing with the question, head-on, Marxists, like Bhatia, simply take the easy way out. They deny the essence of the problem, claiming, as Bhatia does, and as she argues, that the threat of harm isn’t real, was never real, but is and always was grounded in an unwarranted fear of harm.But the threat is real, and the fear isn’t unwarranted, and Americans are witnessing all of it. And it is painfully evident through the inaction and empty posturing of effete and impotent Federal and State Governments to the harm generated.Either the Marxist-controlled Federal Government and similar Marxist-controlled State and local Governments are simply inept and incompetent and, so, wholly unable to deal with the harm, or they welcome, even encourage, the attendant harms to the citizen and society alike. Likely it is a combination of both.The framers of the United States Constitution had the answer to the threat of harm caused by predatory beast, predatory man, or predatory Government, an unwelcome one for these Marxists, to be sure, as they aim to break apart American society and culture so that they can rebuild society in accordance with the strictures of Marxism.The answer rests in the Nation’s Bill of Rights (BOR), specifically in the citizen's exercise of his Second Amendment right to keep and bear arms. This, more than anything else, is the answer to the bedlam and mayhem wrought by those that seek the Country’s undoing. Small wonder, then, that these Marxists desire to destroy the Right._______________________________________________

THE UNITED NATIONS IGNORES ARMED SELF-DEFENSE AS A BASIC HUMAN RIGHT; THE UNITED STATES EMBRACES IT

PART TWO

On December 10, 1948, the United Nations crafted a document, titled “The Universal Declaration of Human Rights (UDHR). The document is a litany of 30 Rights (“Articles”) that ostensibly proclaims the dignity of the human being and his right to life, liberty, and security.The Preamble of the United Nations’ UDHR sets forth: “Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people,Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law,Whereas it is essential to promote the development of friendly relations between nations,Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom,Whereas Member States have pledged themselves to achieve, in co-operation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms,Whereas a common understanding of these rights and freedoms is of the greatest importance for the full realization of this pledge,Now, therefore,The General Assembly,Proclaims this Universal Declaration of Human Rights as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction.” These are all noble sentiments, as articulated, of course. But there is a major problem the UDHR fails to address: How is a human being supposed to secure these lofty ideals for him or herself? The drafters of the United Nations’ UDHR fail to say.In the litany of over two dozen fundamental rights set forth in the UDHR’s “Articles,” there is no mention whatsoever of a right of armed self-defense. In fact, there is no mention in the UDHR of a right of self-defense, armed or otherwise.By failing to acknowledge self-defense, and its corollary armed self-defense, as basic human rights, the United Nations’ UDHR undercuts “the inherent dignity and . . . equal and inalienable rights of all members of the human family” that it claims pompously to venerate.The UDHR is intentionally deceptive; a ploy of international Marxism and Neoliberal Globalism. It is designed to seduce nations into forsaking their independence and sovereignty, reducing both nation and population to misery and servitude, all the while claiming to promote the “equal and inalienable rights of all members of the human family.” But note: even in this seemingly clear, unambiguous exposition, there is a sinister uncurrent. The UDHR speaks of purported inalienable rights to be enjoyed by the human family in a group capacity, that is to say, as a collective. There is no suggestion, no intimation these rights are to be enjoyed by human beings in an individual capacity. 

WHERE ARMED SELF-DEFENSE IS ABSENT, TYRANNY OF GOVERNMENT IS UNAVOIDABLE

The United Nations’ Universal Declaration of Human Rights (“UDHR”)  mentions, in its Preamble, that “it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law.”The American public hears much about the importance of  “the Rule of Law” from Marxists and Neoliberal Globalists. The EU also makes much use of this phrase, as does the UN in reference to human rights as noted supra.Supposedly Government’s application of “the Rule of Law” operates as a hedge against encroaching tyranny. But does it? Vainglorious are those who make constant reference to it—U.S. politicians in particular. But, what does ‘rule of law’ really mean? The appeal to it is subterfuge, dissembly.In the absence of a useful definition, the expression, ‘Rule of Law’ is vacuous. And, that is just the way politicians want to keep it. Don’t ask them to define the expression. They have no idea what it means and would be thunderstruck if anyone were to ask them to provide a definition. A declaration of human rights that avails itself of the words “Rule of Law” as the primary or sole check against the tyranny of Government is devoid of substance.The UN’s UDHR is deceptive. The claim of sanctifying human rights is belied by the emptiness of the gesture. How are human rights to be actualized or, if need be, how are they to be vindicated? In the “Rule of Law?” Really? How is one to understand this “Rule of Law?” And, from whom is one to receive “Rule of Law” relief from tyranny? From that very Government that imposes tyranny on the populace?Yet, the United Nation’s UDHR relies on the ‘Rule of Law’ as the check on tyranny. That is all one obtains from the UDHR; that is all the UN delivers to “the human family” that it claims to care so deeply about.The United States’ BOR, unlike the UDHR, doesn't expect the citizen to place his reliance on arcane nomenclature to provide a check on the tyranny of Government. A check on the tyranny of Government rests in the physicality of the armed citizenry, not on empty pompous verbiage.The framers of the Constitution wouldn’t waste ink on ‘Rule of Law’ when preparing the Bill of Rights. The framers of the BOR did not expect the ‘Rule of Law’ to protect them from the tyranny of George III of England. They placed their faith in the force of arms, not in arcane, abstruse concepts to release them from tyranny. And they would place the future security of a free Republic in nothing less than dint of arms.The only functional check against the tyranny of Government is the physicality of “armed self-defense.” Armed self-defense is what worries, even terrifies, the Marxist and Neoliberal Globalist, and with good reason. For the aim of these internationalists is to create a top-down autocratic Government, that is to say, “Tyranny.” But Tyranny is not able to gain a foothold in a nation where the citizenry is armed.The Tyrant fears Tyrannicide at the hands of the armed Citizenry and, so, demands that the Citizenry surrender its arms to the Tyrant. The Citizenry fears Democide at the hands of the Tyrant's agents, and, so, refuses to surrender its arms to the Tyrant.The United States, as a free Republic, must never forsake the sacred right embodied in the Second Amendment. To do so would be tantamount to the destruction of the Republic and enslavement of the populace.The American people must never for one moment trust the Government or its propagandists who proclaim that for the public harmony, safety, and order it is in the best interests of the polity to surrender its firearms. The day the citizen does so will be the day the citizen should be prepared to sacrifice his autonomy, his dignity, his soul, and his life.___________________________________________

THE CITIZEN MUST BE EVER ON GUARD OF GOVERNMENT THAT PROMISES HARMONY, SAFETY, AND TRANQUILITY IF HE BUT SURRENDER ALL ARMS TO THE STATE

PART THREE

Unlike the United Nations that doesn’t mention a natural right of armed self-defense in its Universal Declaration of Human Rights (UDHR), our Nation embraces it.The States ratified the Nation’s Bill of Rights (BOR) on December 15, 1791.The BOR predates the UDHR by over one hundred and fifty years even as the UN heralds its own UDHR as “a milestone.”  In codifying the right of armed self-defense in the BOR, the Framers of it at once proclaimed the sanctity of Personal Selfhood and provided a rationale for it: the need for the citizen to remain wary of the tyranny of Government.The Second Amendment provides both a stark warning to the Government and a categorical prohibition on Government apropos of it.The people need not and must not abide by the tyranny of Government, and Government is prohibited from tampering with this perfect fail-safe mechanism by which the American people may effectively resist the inception of tyranny.The language of the Second Amendment to thwart tyranny is self-executing. In fact, the clearest indication of the Government’s slide into tyranny is through the unlawful attempt to eradicate the American citizenry’s exercise of the right embodied in it.The only reason the Government would dare to take such action to eradicate the exercise of the right of armed self-defense would be to preclude the citizenry from exercising the means by which it is well capable of repelling the insinuation of tyranny on the citizenry.The danger of ever-present tyranny is manifest in the prefatory clause of the Second Amendment—pointing to “a well-regulated militia being necessary to the security of a free State.” And the subsequent independent clause of the Second Amendment provides the ultimate fail-safe mechanism of which the citizen shall avail himself if Government devolves into tyranny: “the right of the people to keep and bear arms shall not be infringed.”The framers of the Bill of Rights recognized that man cannot secure his life, safety, and well-being from the predatory beast, predatory man, or predatory government in the absence of an effective means to do so—as only a firearm provides.Superficially, the United Nations’ UDHR and the BOR may seem similar, as both documents point to and allude, in their language, to the higher aspirations and Rights of man.But, on the crucial matter of self-defense, the principal difference between the two is laid bare.The United Nations doesn’t presume or countenance individuals as having the wherewithal or even the right and responsibility to provide for the defense of Self.The United Nations only makes reference to ‘self-defense’ in its Charter, signed on June 26, 1945. And in its Charter, self-defense is referenced only in one of its Articles, and, then, only in relation to the rights of nations, not in respect to the populations of those nations.Article 51 of the UN Charter says,“Nothing in the present Charter shall impair the inherent right of individual or collective self-defence if an armed attack occurs against a Member of the United Nations until the Security Council has taken measures necessary to maintain international peace and security. Measures taken by Members in the exercise of this right of self-defence shall be immediately reported to the Security Council and shall not in any way affect the authority and responsibility of the Security Council under the present Charter to take at any time such action as it deems necessary in order to maintain or restore international peace and security.”Self-defense remains a prerogative and responsibility of the UN apropos of nations, whether in an individual or collective capacity. The UN does not recognize “Self-defense” as a right intrinsic to individual human beings, whether in an individual or in a collective capacity.Moreover, the rights promulgated in the UDHR, noble aspirations though they may appear to be, as articulated, are understood by their crafters, to be man-made constructs. Thus, they do not even operate in the UDHR as true fundamental rights. The suggestion is mere pretense. And that is another major failing with the UDHR. Fundamental Rights are Natural preexistent Rights—existing intrinsically in man. They aren’t creations of man.The “Articles” qua Rights, delineated in the UDHR, are considered mutable and limitable. They are not to be perceived as—and were never intended to be perceived as—independent of the dictates of the United Nations, but were, in their creation, considered subordinate to the UN's dictates.This is evident from a perusal of Clauses 2 and 3 of Article 29 of the UDHR:“In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society.”“These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations.”Article 29 demonstrates the vacuity of the entire enterprise.Unlike the Rights codified in the U.S. Constitution’s BOR, the Rights delineated in the UDHR remain subordinate to the crafters of it, who retain ultimate and exclusive authority over it: to keep it, modify it, or erase it, as they wish.Yet, a declaration of purported human rights that cannot stand on its own, independent of the sanctioning authority that created it, is an edifice built on sand.The Bill of Rights, unlike the UDHR, is the genuine article, not a vacuous simulacrum of noble aspirations.The Nation’s Bill of Rights is to be understood as a codification of natural law rights, not man-made conventions. That point is significant.The framers took as axiomatic that natural law rights are fundamental, unalienable, immutable, and illimitable. As such, they are not lawfully subject to modification, abrogation, or abandonment by the Government; nor can Government perfunctorily dismiss them.The implication of this is clear: ultimate power, authority, and sovereignty rest solely in the American people, not in the Federal Government.Any attempt by the Government to limit, abrogate, or deny to the American people the unalienable exercise of their fundamental Rights amounts to an unlawful intrusion on and unlawful usurpation of power belonging solely to the American people, and an unlawful encroachment on the sovereignty of the people over Government.An assault by the Government on the sovereignty of the American people over Government constitutes Tyranny of Government. Tyranny of Government is Treachery of Government. And, Treachery of Government is Treason by Government directed against its own people.Armed self-defense is the best hedge against the most serious danger to a free man: the predatory, tyrannical Government. In dicta, the Heller majority acknowledged this, citing for support, The Federalist 29: “when able-bodied men of a nation are trained in arms and organized, they are better able to resist tyranny.”Since the Marxist vision of Government and the citizen’s relationship to it requires subordination of the will of the citizen to Government, Marxists abhor the very notion of the “armed citizen.”Not by accident, then, is there any mention of “self-defense,”—armed or otherwise—in the UDHR. A laundry list of Rights (“Articles”) never so much as alludes to one’s unalienable right of armed self-defense or even of a general right of self-defense.But, if a man isn’t allowed the exercise of the fundamental right of armed self-defense—if in fact, the very notion of self-defense is not to be perceived of as a basic human right—wherein, then, shall a man look to secure the “inherent value and dignity” of his life that the UN crafters of the UDHR talk so floridly about? In Government? In the new “liberal world order” qua “new world order” that Neo-Marxists and Neoliberal Globalists proclaim to be a good thing? Please!The American people must resist subtle and overt coercion by these Neo-Marxists and Neoliberal Globalists who urge them to forsake their elemental right of armed self-defense. To do so will imperil both their own lives and well-being and that of a free Constitutional Republic.______________________________________Copyright © 2021 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.

THE FEDERAL GOVERNMENT HAS GONE ROGUE

MULTI-SERIES ON THE ISSUE OF POSSIBLE TREASON AT THE HIGHEST LEVELS OF GOVERNMENT

PART SIX

SUBPART A

“All tyrannies rule through fraud and force, but once the fraud is exposed they must rely exclusively on force.” ~ attributed to George OrwellThe central theme of our multi-series set of articles on “treason,” and the principal focus of our series, is that treason, as defined in the U.S. Constitution, has been operating at the highest levels of the Federal Government since the inception of the Harris-Biden Administration, on January 20, 2021.Our discussion here is dedicated to laying out a case for the inference of treason in the legal sense of the word, and not in a mere colloquial, hyperbolic, or pejorative sense. This treason exists in and has infected the whole of the present Administration, and this infection extends to Congress.The Government under the Harris-Biden Administration is rogue and renegade.Our central thesis is that the extent of and expansiveness of infection is so pervasive, so dominant, so permeates the Administration that an inference of treason by Government against the Nation, Constitution, and People must be drawn.Corruption of Government extends to the Pelosi-Schumer-controlled Legislative Branch of Government, working in lockstep with the Executive Branch.Beyond the present policy decisions indicative of treasonous intent on the part of Joe Biden and other known and unknown individuals who control and manipulate him, the Administration intends to corrupt or control or neutralize the Third Branch of Government, the Judiciary.The Three Branches of Government have, since the creation of the Federal Government, through ratification of the Constitution, operated as discrete independent bodies—Legislative, Executive, Judicial.Each Branch is expected to perform its tasks within the confines of the limited powers and authority ascribed to it by the dictates of the U.S. Constitution, always operating in and remaining within its own orbit, its own sphere of influence and activity, as each was meant to.This Governmental construct was meant not to be a stopgap measure for the Federal Government, but a permanent fixture in it.The doctrines of “Separation of Powers” and “Co-Equal Branches,” that underlie the Federal Government construct for this Nation, were designed to discourage and forestall, if not prevent, the inception of tyranny in the Federal Government.Having successfully defeated the tyranny of one regime through armed revolt, the framers had no wish to plant the seeds of tyranny for another through the Government they would create that would, ironically, come from their own hand. So, they gave scrupulous attention to the creation of a Government that would have the best chance of avoiding the tyranny that besets a monarchy—even a Constitutional Monarchy—that England ostensibly had. They sought to create a Government for a new Nation that would best secure for themselves, and for their fellow Americans, and for generations that followed, one conceived in liberty.The Founders determined that a Republican form of Government would best serve the interests of the American people and would be least likely to turn against the people. They constructed a Federal Government that rejected a monopoly of powers in Government.The first three Articles of the Constitution attest to the Framers’ intention to preclude the consolidation of legislative, executive, and judicial power in one body. And they hoped that clear division of authority and power would also prevent the accumulation of power in two or all three Branches of the Government.That structure is now crumbling. Two Branches of Government—one controlled by the Harris-Biden Administration and the other controlled by the Pelosi-Schumer Congress—are overlapping, embracing each other; converging and merging into each other; operating in unison as a single entity.The intention of both the present Administration and the present Neo-Marxist-led and controlled Congress is to bring the Third Branch of Government, the Judiciary, the U.S. Supreme Court, into their fold.And their actions to date demonstrate this maneuvering to consolidate power into one super organ of Government.If this process continues, there is nothing to stop the Government from collapsing in upon itself, centralizing power of the Legislative, Executive, and Judicial Branches in one Branch even if the trappings of separate, co-equal Branches should continue. It would all be an illusion.The aim of the present Administration and the Democrat Party-controlled Congress in orchestrating consolidation of power is, as is self-evident, to streamline and to steamroller execution of Neo-Marxist and Neoliberal Globalist policies. Thus, the Government avoids debate among the few dissenting voices in Government that would be able to stop the operations of a rogue Government and avoid accountability to the polity that would justifiably object to and reject those policies.Further consolidation of all the power functions of Government, if left unchecked, would degenerate into Authoritarianism and eventually to outright Totalitarianism. The Federal Government would have long ceased to operate and function in accordance with Republicanism.At that point even the vestige of a Federal Government ruled by law and not by men would be dropped, as there would no longer be any need for it.The citizenry would live under perpetual surveillance: thoughts and behavior strictly controlled; dissent denied; the armed citizenry, disarmed.The Executive and Legislative Branches of Government are being drained of vitality as they lose their respective independence of function.The Federal Government is coalescing into autocratic rule.But whatever the form of autocracy—Authoritarianism, Totalitarianism, Fascism—it all denotes TYRANNY. This Country is treading close to that. And we may already be there.The legacy Press fails to acknowledge this even as the public recognizes it; is forced to come to grips with it; accept the disturbing, frightening reality of it.Tyranny is rapidly coming to fruition because—The Harris-Biden Administration and the Pelosi-Schumer-Controlled Congress do not perceive the Constitution as an essential framework within which they are to exercise their respective powers in a lawful manner. Rather, this Government perceives the Constitution merely as an obstacle, an obstacle to be overridden by Congressional statute and/or by Executive fiat, or simply ignored.

THE ADMINISTRATION AND CONGRESS ARE OPERATING OUTSIDE THE BOUNDS OF THE U.S. CONSTITUTION

The Executive Branch, the Office of the President of the United States, is operating in contradistinction to its Constitutional directive in defiance to the “TAKE CARE” CLAUSE of the Constitution.Article 2, Section 2 of the Constitution says, in pertinent part, that the U.S. President “shall take Care that the Laws be faithfully executed.”This isn’t a suggestion or wish. This is an obligation and one that the present Administration has not only flaunted but has dismissed out-of-hand.And the Legislative Branch, Congress, is failing to heed its salient obligation to Nation, Constitution, and People, in contradistinction to the “NECESSARY AND PROPER” CLAUSE of the Constitution.As set forth in Article 1, Section 8, Clause 18 of the Constitution, it is the function of Congress,“To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.” The Neo-Marxist Pelosi-Schumer-controlled Congress extracts from the “NECESSARY AND PROPER” CLAUSE what it wants.But, this clause DOES NOT grant to Congress unlimited power to alter the Constitution as it wishes, outside the strict bounds set by the Constitution.“The Necessary and Proper Clause does not vest Congress with any power to alter constitutional structure by statute. Congress may only use that Clause to assist itself and the other branches by providing the means for carrying into execution a power already possessed by a branch of the federal government.” “The President’s Power to Execute the Laws, 104 Yale, L.J., 541, by Steven G. Calabresi, Associate Professor, Northwestern University School of Law; J.D. Yale University; and Saikrishna B. Prakash, J.D., Yale University.The only way Congress can change the Constitution, lawfully, is through the Amendment process. That process is set forth in Article 5 of the Constitution. It is a difficult, complex, time-consuming task; deliberately so.This is as the Founders made it, lest unscrupulous, ruthless individuals in Government attempt to utilize the Constitution to corrupt it, transforming the Government operating under Republicanism into Authoritarianism or Totalitarianism.But, even if the Pelosi-Schumer Congress or some other unscrupulous Congress could convince enough States to cede power to it, through the Article 5 Amendment process, this would amount to the shredding of the doctrine of Federalism.The amendment process would drastically alter the framework of Government grounded on REPUBLICANISM. But that is the goal: to dismantle a free Constitutional Republic, unimpeded. It would be an impossible task, as well it should.A massive reconfiguration of the Federal Government even if attempted lawfully, through the application of the Article 5 amendment process, would require:

• REPEAL OF THE BILL OF RIGHTS OF THE CONSTITUTION

• REVISION OF ARTICLE 4 OF THE CONSTITUTION

Let us look at this more closely.

REPEAL OF THE BILL OF RIGHTS

Congress cannot modify or abrogate the Bill of Rights through Article 5 of the Constitution, even theoretically. The reason is this: The Bill of Rights is a codification of Natural Law Rights. These Rights precede the creation of Government.Natural law Rights exist intrinsically in man, bestowed by the grace of the Divine Creator. They aren’t bestowed on man by the grace of Government.The Article 5 amendment process would also require repealing Article 4 of the Constitution.

REVISION OF ARTICLE 4 OF THE CONSTITUTION

Article 4, Section 4 of the U.S. Constitution sets forth in critical part that, “The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion.”

THE “GUARANTEE” CLAUSE

The first clause, the “GUARANTEE” CLAUSE, isn’t a suggestion or wish, or whim. It is a mandate, guaranteeing REPUBLICANISM.Even if it were theoretically possible to erase Republicanism through the Article 5 amendment process, most States would never agree to this.But, AUTHORITARIANISM in the Federal Government cannot logically coexist with REPUBLICANISM in the States. These two forms of Government are logically, not simply empirically, incompatible.The Government would either have to reject AUTHORITARIANISM or convince the States to agree to AUTHORITARIANISM as the new mode of Government in the Nation.

THE “PROTECTION AGAINST INVASION” CLAUSE

The Federal Government isn’t protecting the States from invasion. That is a fact. The Harris-Biden Administration is actively inviting the invasion of the Nation through its “OPEN BORDERS” policy.The States, as sovereign entities themselves, have every right, and duty, to take those steps necessary to protect themselves from invading hordes if the Federal Government cannot or, as is evident, will not protect the States from invasion.Texas and Florida are therefore compelled to act to protect themselves from invasion and have done so since the Harris-Biden Administration has refused to do so.The Administration even tries to prevent the States from protecting their own borders.These facts suggest the Administration isn’t merely enabling invasion of the Country, it is involved in orchestrating it. This is unconscionable.The States—all fifty of them—have every right to protect their borders from invasion. They are sovereign entities. The sovereignty of the States is manifested through the Tenth Amendment of the Bill of Rights of the Constitution.  The Tenth Amendment sets forth,“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”The Tenth Amendment is a statement of FEDERALISM. This means that sovereignty is shared between the Federal Government and the States.The Administration’s actions are inconsistent with the sovereignty of the States, protected under the Tenth Amendment of the Constitution and with the DOCTRINE OF FEDERALISM, underlying the Tenth Amendment.The Administration’s actions are also inconsistent with the DOCTRINE OF REPUBLICANISM, mandated by Article 4 of the Constitution, and inconsistent, as well, with its obligations to the States under Article 4.The States would never agree to revisions of the Constitution that would operate as waivers of Federal Government obligations under Article 4 of the Constitution and of States’ sovereignty under the Tenth Amendment to the Constitution.The Administration’s unwillingness to protect the States from invasion and, at once, attempting to foreclose States from protecting themselves, is not only unconscionable, it is patently illegal, amounting to treachery and betrayal of the Nation, Constitution, and People.

THE FEDERAL GOVERNMENT ESCHEWS ANY DISCUSSION OF ARTICLE FIVE OF THE U.S. CONSTITUTION IN A MONSTROUS PLOT TO RESHAPE EVERY INSTITUTION OF THE NATION

The Pelosi-Schumer Congress and the Harris-Biden Administration realize the Herculean task if not outright impossible task of utilizing Article 5 of the Constitution to transform the Nation into a functioning Neo-Marxist Dictatorship. The difficulty of doing so is no accident. It is by design. It is as the Framers of the Constitution intended.“Amending the Constitution should of course be undertaken with the gravest of care. After all, there is a reason why constitutional designers impose special rules for amending a constitution. If it were just as easy to amend a constitution as it is to amend an ordinary law, there would be nothing special, more authoritative, or more meaningful about it than a statute. It may admittedly be unwise to fiddle with the constitutional text because frequent constitutional changes breed uncertainty, which itself undermines the stability that government requires to function properly. Stability was in fact a chief objective in the minds of the Framers as they set out to establish the parameters for amending the constitution. Other objectives which Article V serves are popular legitimacy and federalism,  the former oriented toward ensuring that any amendment may be said to flow from the durable will of the people, and the latter permeating the entire constitutional text and indeed its very genesis. The high procedural hurdles of Article V that citizens and legislators must clear in order to perfect a constitutional amendment also entail considerable investments of time and cost, which together serve an important purpose of diluting the passions that may otherwise suffuse the daily business of popular politics.” “The Constitutional Politics Of Presidential Succession, 39 Hofstra L. Rev. 497, Spring 2011, by Richard Albert, Assistant Professor, Boston College Law School; Yale University (J.D., B.A.); Oxford University (B.C.L.); Harvard University (LL.M.). The frustration of the Neo-Marxist Internationalists and Neoliberal Globalists is palpable.They reject Republicanism for Authoritarianism or Totalitarianism, either of which requires the dismantling of a free Constitutional Republic. The tacit goal is to INSTITUTIONALIZE TYRANNY of Government.This monumental task cannot be undertaken through the lawful operation of Article 5 of the Constitution. That would be much too time-consuming and, in part, logically, as well as legally, impossible. So the Government attempts to reconfigure the political, social, economic, and legal fabric of the Nation, avoiding Constitutional stricture, through the operation of statute and executive fiat; openly denying and defying the Constitution.Is this radical, illegal alteration of the structure of a free Constitutional Republic truly coming from the faces of Government that the American people see? Or is this transformation coming from unseen forces behind the scenes?If an unseen hand is making executive-level policy decisions, then this points to treachery and betrayal of the Nation, Constitution and people, for the Chief Executive cannot Constitutionally delegate executive-level policy decision-making authority to unnamed, unelected individuals.Article 2 of the Constitution places EXECUTIVE DECISION-MAKING AUTHORITY in one person, and one person, only: The President of the United States.The President is the only person who has executive-level decision-making authority. THIS IS NOT DELEGABLE.It is a violation of the Constitution if Biden did attempt to delegate this authority to others or consciously or unconsciously acquiesced to it.If Biden is not making executive-level decisions or even involved in the policy-making process, he is not serving as U.S. President. That means he is merely a figurehead, a placeholder.If true, this means the Nation is devoid of a sitting President of the United States.

THE SALIENT PROPOSITIONS THAT COMPRISE MATTERS TO BE DISCUSSED IN OUR ESSAY ON TREASON INCLUDE THE FOLLOWING:

• The present Government’s actions amount to treachery and betrayal of the Nation, the Constitution, and the People in failing to perform and in actively disregarding its core functions and duties to preserve, protect, and defend the Nation, the States, and the People.

• The present Government has not only failed to perform its duties and to comply with its obligations under the Constitution of the United States but has unlawfully usurped power and authority that resides solely in the States and in the People as codified in the Tenth Amendment to the U.S. Constitution.

• The present Government’s usurpation of power and authority residing in the States and the People reflect a conscious effort of the Government to undermine the security and well-being of the Nation, the States, and the People.

• The present Government’s policies and actions are directed to harming the States and the people and to the eradication of, not the preservation of a free Constitutional Republic.

• The present Government’s actions are directed to transforming a free Constitutional Republic into an autocratic regime, inconsistent with the Constitutional Requirement and mandate of Republicanism.

• The insinuation of Autocracy in the present Government is incompatible with and constitutes a direct assault on the continued existence of a free Constitutional Republic.

• Treachery against the States and the people constitutes a betrayal of the U.S. Constitution, the Nation, and the People.

• The Treachery of the Federal Government is equivalent to the Tyranny of the Federal Government.

• The Tyranny of Government directed against the States and the people has its expression through the subversion of the Constitution and of the law; contempt for and defiance of the Rule of Law; disrespect for and denial of the sovereignty of the States and of the ultimate sovereignty of the American people over Government; suppression of the Peoples’ right to exercise their Natural Law Rights and Liberties, codified in the Bill of Rights; and repression, oppression, subjugation, persecution of, and unlawful prosecution of the people in defiance of due process and equal protection under the law.

• The present Government’s actions evidence a deliberate intention and desire to impose Tyranny on the States and on the American people.

• Imposition of Tyranny of Government extends to the institutionalization of Tyranny in the Government and throughout the Nation.

• Tyranny of Government constitutes a Treason of Government directed to and against the States and the People.

• Treachery of Government is equivalent to Tyranny of Government.

• The Treason Clause, Article 3, Section 3, Clause 1 of the United States Constitution, extends to Treachery of Government directed against the States and the People.

• Application of the Treason Clause of the Constitution was intended not only as of an assertion of treachery directed against the United States and against the United States Government but as the assertion of the treachery of the United States Government directed against the States and/or the People.

• The Right of the People to Keep and Bear Arms was designed to be the ultimate protector of the States, the People, and the United States, not only against their enemies, both foreign and domestic but as a defense against the tyranny of the United States Government and its standing army as might be directed against them—namely, the States and the People.

______________________________________Copyright © 2021 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.

WHY IS IT THAT THE HARRIS-BIDEN ADMINISTRATION AND CONGRESSIONAL DEMOCRATS REALLY WANT TO TAKE AWAY YOUR GUNS?

PART ONE

GUN OWNERS; TRUMP SUPPORTERS; ANTI-MARXISTS; ANTI-GLOBALISTS—ARE THESE THE HARRIS-BIDEN “DOMESTIC TERRORISTS?”

The propagandists for the Democrat Party-controlled Government are nothing if not expert in the art of subterfuge, deflection, artifice, and duplicity. Turning the Bill of Rights on its head, they claim the Country will be better off once the American people just accept constraints on the exercise of their fundamental rights and liberties.But for whom would the Country be better off: for the American people or for the Neoliberal Globalists, along with their cousin Marxists, who intend to dismantle a free Constitutional Republic and merge the skeletal remains of the United States into something truly obscene: a transnational new governmental world order akin to the European Union?Already Biden has made overtures to Brussels, resurrecting the Transatlantic Trade and Investment Partnership or “T-TIP,” an arrangement that had stalled under the Trump Administration as did the Trans-Pacific Partnership or TPP.The true, if unstated, purpose of the G-7 Summit was to reassure Brussels that the U.S. was back on track to complete the agenda commenced in earnest thirty years ago—an agenda that had been making substantial headway under Obama, and that would continue under Hillary Clinton. But that agenda came to a screeching halt when Trump was elected U.S. President, to the surprise and shock and consternation of Neoliberal Globalists and Marxists both inside the Country and outside it, and no less to the chagrin of China, as well.But with the mentally debilitated, and easily manipulated Joe Biden firmly ensconced in the Oval Office, the Globalist and Marxist agenda could get back on track. The EU would get what it wants from the U.S.; China would get what it wants from the U.S.; even Russia got what it wanted. And who was left out of the mix? The American people, of course.But then, the Harris-Biden Administration and their cohorts in the Democrat Party controlled Congress, together with the seditious Press and social media and information technology titans haven’t bothered to ask the American people for their perspective on any of this. They really don’t care. They have effectively shunted Trump aside and they are treating tens of millions of American dissenters as potential “Domestic Terrorists” who refuse to go along with the game plan. The Globalists and Marxists will suffer no dissident thought or action. They are intent on stamping out all dissent. And this portends something serious on the horizon for the well-being of the Country and for the well-being of the American people.

WITH A RADICAL DEMOCRAT PARTY-CONTROLLED GOVERNMENT AND A BELEAGUERED, BESIEGED, WEAK REPUBLICAN CONTINGENT IN CONGRESS, AMERICAN PEOPLE HAVE BEEN BOXED INTO A CORNER AND MUST TAKE MATTERS INTO THEIR OWN HANDS TO REGAIN CONTROL OF THEIR COUNTRY?

The secretive powers operating in the Harris-Biden Administration, along with the Democrat Party have forced Americans into a tight corner. The forces that have boxed in Americans know this to be true. They did this intentionally. They have thrown down their gauntlet. They fully expect a backlash. And they fully intend to counter it.The forces that crush have instituted a comprehensive and insidious program designed to contain and constrain dissenting Americans.Their program must have taken shape during the early days of the transition of Government in 2021. And it is now available for all to see. The PROGRAM—really a POGROM—targeting Americans who refuse to get on board with the game plan is contained in a lengthy document, titled: “National Strategy for Countering Domestic Terrorism.”This Document, recently made available to the public,  serves a dual purpose for the Harris-Biden Administration. It operates, one, as a Declaration setting forth the raison d’être for a Marxist Counterrevolution in this Country to overturn the American Revolution of 1776, and, operates,  two, as an express and brazen threat to the autonomy of the American citizen. Never before in American History has the Federal Government professed to declare war on its own citizens. In that regard, the “National Strategy for Countering Domestic Terrorism” goes much further than even the infamousU.S. Patriot Act, in presenting a direct threat to an American citizen's fundamental Rights and Liberties. See also the article on the U.S. Patriot Act by the Electronic Frontier Foundation.But who are these “Domestic Terrorists” that the Harris-Biden Administration has declared war against? In the broadest sense, a “Domestic Terrorist” is any American who professes disagreement with the Globalist/Marxist agenda.

ATTEMPTS AT OBFUSCATION DO NOT DISGUISE THE FACT THAT “DOMESTIC TERRORIST” REFERS TO ALL AMERICANS WHO ACTIVELY DISAGREE WITH AND WHO DISSENT FROM THE HARRIS-BIDEN AGENDA.

The expression “Domestic Terrorist” drags in a sizable portion of the American citizenry, at least a third of the Country, that cherishes the Nation's founding, formative Documents—the Declaration of Independence, the Constitution’s Articles, and the Bill of Rights—and takes them at face value, in accordance with the plain meaning of the language therein.And, what do these Documents proclaim and prescribe? They proclaim and prescribe the preeminence of liberty and personal autonomy and of the existence of natural, God-given rights that exist intrinsically in each person; rights that precede the formation of nations and of governments and make clear that the American people, themselves, and not the Government they happen to form, are the Sole Sovereign of their Nation, and that they alone have the God-given right to control their own destiny.This presents a conundrum for the Harris-Biden Administration, which is to say, a profound dilemma for those secretive, powerful insiders who are orchestrating and choreographing the Administration’s every move.One thing is clear: Those elements presently in control of the reins of the Federal Government do not perceive themselves as servants of the people but, rather, as master over them.The Harris-Biden Administration, the Democrat Party controlled Congress, the Bureaucratic Deep State, the Legacy Press, and the major social media and technology monopolies have dismissed the founding, formative documents of our Country, out-of-hand, and, in so doing, have effectively declared war on the American people.But, a sizable chunk of the American people, though, cherish and extol the tenets, principles, and precepts contained in the Nation’s sacred Documents. That means the American people pose a threat to Government. They must therefore be brought to heel lest they exert their sovereignty over the Government. Imagine that!The Nation’s founding Fathers—yes, dare we use the expression, “THE FATHERS” of the Nation—understood well that a massively large, powerful centralized Government would, if left to its own devices, eventually, inexorably, inevitably usurp from the people,  that sovereign power belonging only to the people.The Founding Fathers knew that, while a Federal Government with limited powers, assiduously demarcated among three salient Branches—Legislative, Executive, and Judicial—may serve to forestall usurpation of power unto itself, the rise of tyranny would be inevitable. It would only be a matter of time. Only the presence of an armed citizenry could prevent this from happening, as the Founding Fathers well knew; hence the reason for the codification of the right of the people to keep and bear arms in an Amendment to the Constitution.It should come as no surprise to any American that the Destroyers of a Free Constitutional Republic would therefore mount a furious assault on the sacred right of the people to keep and bear arms.Not since the Nation’s inception in 1776, have the Obstructors of the Country come so close transforming it from a free Republic into an Authoritarian State—made all the easier through the use of information technology: technology that is capable of exerting vast control over content creation and dissemination of information, and the censure of it; technology that makes possible, the surreptitious, collection of private information and omnipresent surveillance of the Nation’s citizenry.The pillar of free speech, codified in the First Amendment and the freedom from unreasonable searches and seizures, codified in the Fourth, are both suffering slow strangulation as a result of the application of technology on a massive scale.The public has little to say about the application of, and has even less control over, technological advances that allow Government to nullify the unreasonable searches and seizures clause of the Fourth Amendment.And powerful Liberal Progressive and Marxist interests in the Federal Government flagrantly violate the First Amendment’s freedom of speech clause, operating through major social media monopolies, that share Progressive Left and Marxist sympathies and goals. The result is a blatant, shameless, unethical, illegal censure of speech.These elements in Government and business, operating in concert, have been successful at constraining public discourse, in recent years, to an extent never before countenanced. And they intend to upend this Nation’s Constitutional Republic now and for all time.Concomitant with censure of speech, and contrary to the dictates of the First Amendment, destructive forces in Government and in the technology monopolies have unleashed a campaign of propaganda to turn American against American and to indoctrinate children and adult alike. No institution is free from the onslaught; not even the military.

WITH FREEDOM FROM UNREASONABLE SEARCHES AND SEIZURES ESSENTIALLY ERADICATED, AND FREEDOM OF SPEECH UNDER CONTINUOUS, RUINOUS, HARASSING ASSAULT, ONLY FREEDOM TO OWN AND POSSESS GUNS REMAINS, OBSTINATELY RESISTANT TO GOVERNMENT ATTEMPTS TO CONSTRAIN EXERCISE OF THE RIGHT.

Only the right of the people to keep and bear arms effectively resists systematic and debilitating attempts by Progressive and Marxist influences to annihilate the exercise of this fundamental Right. But why is that? The reasons are plain. First, Americans recognize that no other Right defines them or the Country they are sovereign masters of, as the Right to own and possess firearms. So, Americans furiously defend that Right—more so than any other. Second, firearms are after all tangible implements, not intangible, digital objects, like words. It is not so easy for Government to purloin away one’s firearms as they have purloined away Americans’ private conversations and private documents and as they have systematically whittled away at the right of free discourse and free association among Americans of like kind.It’s impossible to take physical control over a citizen’s firearms surreptitiously. A person either has possession of them or he does not. And he will not so easily part with them. This angers the would-be Destroyers of a free Constitutional Republic to no end.How does one effectively separate a person from his firearms without causing a bloodbath in the Nation? This isn’t simply a matter of academic exercise for the Destroyers of our Country. They are well aware that the presence of—the continued existence of—armed citizens poses a direct, imminent threat to the installment of a Marxist totalitarian State and submergence of the remains of a free Republic in a Globalist Marxist new world order. But they also know that any attempt at a wholesale round-up of firearms would result in revolt—that is to say, armed revolt!It follows that no compromise on the right of the people to keep and bear arms is logically sensical despite the remonstrations of “antigun” groups carping endlessly over the need for more “commonsense gun laws”—as if they mean only that and nothing more. The idea is absurd on its face. It is all mere rhetoric designed to deceive. Americans have had more than enough of this nonsense.The question is: Now that Americans know the extent to which a free Constitutional Republic is in the crosshairs for destruction, and that the Federal Government has essentially declared war on its own citizens' sacred Rights and Liberties, what are Americans going to do to safeguard their Bill of Rights and their sovereignty over Government?___________________________________

PART TWO

A TYRANNICAL GOVERNMENT CANNOT LONG CONTAIN OR CONSTRAIN AN ARMED CITIZENRY.

If the American people are well-armed, then they can effectively, successfully resist Governmental attempts to control thought and action; they can effectively resist concerted efforts by tyrants to subjugate them; and they will always resist such efforts. But, if the American people are disarmed, they are defenseless before both two-legged predators and a predatory, tyrannical Government. So, the American people must continue to be well-armed. It is that simple.Thus, among those Destructive forces—neoliberal Globalist and international Marxist elements—who strive for firm Government control over the citizenry, the Right of the people to keep and bear arms must not be merely constrained, exercise of the Right must be curtailed. But, because it is immensely difficult to curtail citizen ownership and possession of firearms outright, absent wholesale bloodshed, which is to be avoided, the liberal Progressive Left and Marxists have been forced to undercut the Right of the people to keep and bear arms through a gradual escalating legislative process.The Federal Government’s assault on the Second Amendment started in earnest almost ninety years ago, with the enactment of the National Firearms Act of 1934. As with all antigun legislation, the pretext for the enactment of the NFA was an attempt to prevent criminal gangs from engaging in shooting rampages with certain classes of weapons, primarily fully automatic weapons and so-called short-barreled shotguns and rifles. The impact this law had on crime reduction was and is negligible. Its greatest and gravest impact was on infringing law-abiding American citizens' right to possess those firearms.Apart from actions by several State Americans to continue to enact laws to restrict and constrain the exercise of the right to keep and bear arms, the public was provided with a respite from the enactment of wholesale restrictive Federal firearms legislation for a period of sixty years, when Congress enacted the Violent Crime Control and Law Enforcement Act of 1994. That Act contained a subsection titled innocuously, the “Public Safety and Recreational Firearms Use Protection Act” a.k.a. “Assault Weapons Ban,” the latter descriptor of which is more accurate and to the point.Once again, the public was told that the purpose of an assault weapons Ban was directed to curbing violent crimes committed with a certain category of guns. It did no such thing. It was all a lie, having nothing to do with constraining criminal use of firearms.All the Act succeeded in doing and was designed to do was to target average, law-abiding Americans, not to reduce violent gun crime. The salient if tacit purpose of the Act was to ban lawful ownership and possession of a wide range of popular semiautomatic weapons in the hands of tens of millions of law-abiding Americans. The Act wasn’t designed to prevent gun crimes. And the banned firearms were not even utilized in the vast majority of gun crimes anyway.The law was set to expire ten years later, in 2004. It did expire and not surprisingly, it wasn’t renewed. The public wasn’t deceived and demanded access to semiautomatic firearms.Notwithstanding the expiration of the Assault Weapons Ban, that didn’t stop Anti-Second Amendment forces in Congress to try to enact new laws restricting Americans’ access to semiautomatic firearms. They were relentless in their pursuit to curtail the exercise of the right codified in the Second Amendment. And they continued their effort up to the present time. To date, all such attempts have failed, and that has frustrated the forces that seek to destroy this free Constitutional Republic and its sovereign people. It was therefore left to Anti-Second Amendment State Governments to fill the gap and States like New York and California did so, with relish.With the neoliberal Globalist Obama in the Oval Office, to be followed by Hillary Clinton, the Destroyers of an independent sovereign United States felt confident that they could gradually tighten the noose around the neck of the American people so that, by the time the citizenry realized they had lost their Nation, along with their Bill of Rights, it would be much too late for them to do anything about it.But Hillary Clinton didn’t make it into Office. Donald Trump did. And once the sobering reality of that had sunk in for the neoliberal Globalists and the Marxists, they no longer took for granted that they could work leisurely and quietly to reconfigure the institutions of the Nation; disregard the dictates of or redefine the meaning of the Constitution to suit their goals; and implement their plans for a takeover of the Country incrementally.The forces that crush entire nations went to work on our own; frenetically, ceaselessly, assiduously, to sabotage Trump’s policy initiatives; engaging in a virulent media campaign of vicious personal attacks on him, on his family, on campaign officials, and on Americans who voted for and who avidly supported him, who had realized the singular importance of the Trump initiatives and policy goals and promises in getting the Nation back on track to regain its historical roots and sensibilities. Yet, all the efforts to dislodge Trump from Office met with abject failure and Trump was successful in realizing many of his goals.The forces that crush entire nations couldn’t understand Trump’s emotional strength; his resourcefulness, his fortitude; his resilience. The more vociferous and vicious the attacks became, the more implacable did Trump become.The public saw that Trump’s “America First” domestic and foreign policies actually benefitted the American people, Americans of all races. Trump was primed to win a second term in Office.The neoliberal Globalists and international Marxists would have not of that. And they pulled out all the stops to prevent that from happening.So, as a last resort, the enemies of the American people, both within the Republic and outside it, including likely the CCP and the EU Government in Brussels, machinated and conspired to prevent Trump from serving a Second Term. And they succeeded. Now, with Trump out of the way, and with Bush-era Republicans or otherwise meek Republicans offering no meaningful, substantial resistance to the agenda of Marxist Democrats, those Congressional Democrats are wasting no time consolidating their power over the Country and over the American people, before the 2022 midterm elections.

DEMOCRATS' TEN-PART PROGRAM TO CONSOLIDATE POWER AND GAIN CONTROL OVER THE NATION AND ITS CITIZENS

The Democrats' program involves, one, systematically corralling the voices of tens of millions of Americans; two indoctrinating the public in the tenets of Collectivism; three, consolidating control over the military and police; four, continuing to create mass upheaval and volatility in society with the assistance of criminal gangs, and Marxist and Anarchist agitators; five, maintaining dossiers on every person residing in the United States; six, inducing fear in the minds of all Americans that Government may designate them as “Domestic Terrorists” and commence to hound and harass them; seven, asserting Government control over the operation of the entire electoral process in order to control the outcome of elections; eight, continuing, indefinitely, an open borders policy, allowing a continuous deluge of illegal alien migrants and murderous drug cartel gangs to invade our Country, thereby further disrupting society; nine, creating the conditions for hyper-inflation to proceed, to reduce the mass of America to abject penury; and, ten, curtailing exercise of the right of the people to keep and bear arms so as to preclude the ability of the American people to revolt successfully against the inception of tyranny.Concerning the last item of business, expect to see concerted efforts by the Harris-Biden Administration, to implement executive actions, albeit as a “temporary fix” to restrict the possession of semiautomatic weapons. This is being coordinated with efforts by the Democrat-controlled Congress to shoehorn semiautomatic weapons into the NFA, or, perhaps, to enact new stand-alone legislation, or to enact a ban on possession of semiautomatic firearms through obscure means, by placing a gun ban in some larger omnibus bill.Whatever transpires, the American people should be prepared for a very rocky ride in the months ahead as the economy continues to deteriorate, as social volatility and unrest in society crank up, and as the Second Amendment undergoes an assault in a manner heretofore not seen.____________________________________Copyright © 2021 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.

A SOCIALIST TRANSFORMATION OF AMERICA IS INEVITABLE IF THE SECOND AMENDMENT WITHERS AND DIES

A SEDITIOUS PRESS AND THE NEW PROGRESSIVE LEFT DEMOCRATS SEEK TO UNDERMINE A FREE CONSTITUTIONAL REPUBLIC

“If the media were honest, they would say, Look, here are the interests we represent and this is the framework within which we look at things. This is our set of beliefs and commitments. That’s what they would say, very much as their critics say. For example, I don’t try to hide my commitments, and the Washington Post and New York Times shouldn’t do it either. However, they must do it, because this mask of balance and objectivity is a crucial part of the propaganda function. In fact, they actually go beyond that. They try to present themselves as adversarial to power, as subversive, digging away at powerful institutions and undermining them. The academic profession plays along with this game.” Quotation one, ~Noam Chomsky, American linguist, philosopher, cognitive scientist, historian, social critic, and political activist, from Lecture titled, “Media, Knowledge, and Objectivity,” June 16, 1993“Control of thought is more important for governments that are free and popular than for despotic and military states. The logic is straightforward: a despotic state can control its domestic enemies by force, but as the state loses this weapon, other devices are required to prevent the ignorant masses from interfering with public affairs, which are none of their business . . . the public are to be observers, not participants, consumers of ideology as well as products.” Quotation two, ~Noam Chomsky, from article, titled, “Force and Opinion,” in Z MagazineThe picture of the world that’s presented to the public has only the remotest relation to reality. The truth of the matter is buried under edifice after edifice of lies upon lies. It’s all been a marvelous success from the point of view in deterring the threat of democracy, achieved under conditions of freedom, which is extremely interesting.” Quotation three, ~Noam Chomsky, from his book, “Media Control: The Spectacular Achievements of Propaganda”

PART ONE

With this latest “mass” shooting, in Odessa, Texas, the antigun zealots and their fellow travelers in the Press lost little time in exploiting the tragedy. The antigun seditious Press, always protective of its fundamental right  of freedom of the Press  under the First Amendment to the U.S. Constitution, misuses that fundamental right to launch a vicious assault on another but equally, sacred, fundamental right—a sacred, inviolate right that tens of millions of average, law-abiding, responsible, and rational citizens exercise every day, as is their prerogative: the sacred, inviolate, and unalienable right of the people to keep and bear arms—a right as fundamental, immutable, unalienable as is the freedom of the Press that our seemingly Free Press seems exclusively concerned about securing, perhaps well aware that the seditious dogma it propagates can and should be constrained.In that regard it should be mentioned that President Trump can certainly take action to choke the Press for the malicious, bald-faced lies elicited from it, if he had the mind to do so; but he hasn’t done so, which speaks to his restraint, something that can’t be said for Trump’s predecessor, Barack Obama, who, as the Baltimore Examiner reported, prosecuted and spied on reporters to constrain the Press, and he did so several times. Obama’s actions amounted to an abuse of power that Obama never had to answer for. President Trump’s actions unlike those of Obama have amounted to amounted to mere rebukes against the Press. But Trump, unlike Obama, did have and does have every reason to clamp down on the Press for having orchestrating a comprehensive attack on him, an attack that goes well beyond criticism, amounting to vicious defamation of character and a fusillade of malicious lies. The Press sneers at the President, castigates him, ridicules him; derides, mocks, and taunts him viciously, constantly, relentlessly. The Press refers to Trump as an autocrat, and a danger to our Nation. Honestly? Which President is it who has really demonstrated autocratic tendencies? The answer is obvious, isn’t it? And, if, God forbid, any of the current crop of Democratic Party candidates for U.S. President is elected President in 2020, it will be that person that ushers in a totalitarian regime.Yet, the seditious Press, ever protective of and jealous of its own inviolate right and prerogatives codified in the First Amendment to the U.S. Constitution, perverts that right and has done so, since the earliest days of Donald Trump’s Presidency, launching endless scurrilous, pernicious, bombastic, inflammatory ad hominem attacks on Trump and on his Administration’s policies; trying to frustrate him at every turn, in every manner; intent on accomplishing that detestable aim; deliberately, seditiously making it difficult for the President to perform his duties in accordance with his Oath of Office set forth in Article 2, Section One, Clause 8 of the Constitution—doing everything it can to wear the President down, sabotage his efforts, and blind to the fact that harming the President means harming the Nation, the Constitution, and the American people. Trump has persevered through all of this, weathered the storm of noxious, incessant verbal and written assaults on his character and his policies and that speaks volumes to his fortitude, stamina, strength of will, to overcome adversity—adversity that, unfortunately and disturbingly, emanates from within the Nation, than outside it.

AN ATTACK ON THE SECOND AMENDMENT IS AN ATTACK ON THE NATION, ON THE CONSTITUTION, ON THE AMERICAN PEOPLE, ON THE FOUNDERS AND ON THE FOUNDERS’ VISION FOR THIS NATION

The attack by the Press is pervasive, vigorous, vicious, vile, and all-consuming: a constant barrage of invective directed against President Trump, against the Second Amendment to the U.S. Constitution, against guns and gun owners, against NRA; even against the founders of our Republic, and their vision for our Country of which the Constitution is the Nation’s blueprint. The Press has conspired with others who are intent on undermining all of it. This virulent, seditious, antigun Press is intent on denying to Americans their sacred, inviolate, unalienable right to defend their life, safety, and well-being, with the best means available, a firearm. Through its incessant assault on the right of the people to keep and bear arms, and through its never-ending, attack on the President who has, for the most part, defended that right, and against NRA that tirelessly protects it, the Press would also, not surprisingly, place obstacles in the path of Americans who recognize that the most effective way to guard against the insinuation of tyranny into our Nation is by dint of an armed citizenry.Obviously, a seditious Press knows this, and, as that same seditious, incorrigible Press, is in league with Left-wing extremists—who some people refer to as the New Progressive Left—whose sick and bizarre vision for America mandates the establishment of a Marxist/Socialist dictatorship, a dictatorship our Nation is inexorably chugging along toward. The public should well take note of what a Marxist/Socialist Dictatorship shall bring: misery, oppression, hopelessness for and in the lives of every American. And, don’t think that such a hell-world cannot come to pass. For, if the New Progressive Left actually succeeds, in the forthcoming General Election, in taking control of both chambers of Congress, and of the U.S. Presidency, as well, autocracy will manifest itself, and it will manifest quickly. Tyranny of Government—the very fear of the founders of the Republic—will be inevitable.A vision of our Country grounded on the tenets of Collectivism, rather than on the tenets of Individualism, as it presently is, is now a stark possibility, as extremist Left-wing elements have high-jacked the Democratic Party. That is plain. And the Press knows this too; welcomes it; nurtures it. And why not? After all, the seditious Press has been high-jacked by extremist Left-wing elements, too, using its First Amendment freedom, ironically and disturbingly, not to defend, safeguard, preserve, and strengthen our Constitutional Republic—but to undermine and destroy it, commencing with an unending parade of indictments against the Second Amendment and vicious and unparalleled attacks on the President and, indeed, on the very institution of the Presidency that this Nation has never before seen.But, to condemn one fundamental right is to condemn them all, including the Freedom of the Press—a singular right that Mark Levin, an attorney, author, and true Patriot, has perceptively referred to as the "Unfreedom of the Press," and has so titled his recent best-selling non-fiction book on the subject of the Press; as the Press, today, has corrupted the very right it disingenuously defends and extols, but misuses to undercut the Second Amendment, the right of the people to keep and bear arms, and, in fact, undermines the very right, the Freedom of the Press, that it seemingly fervently defends; for all ten Amendments that comprise the Bill of Rights go together to form a single coherent, comprehensive whole. The Bill of Rights is a unique testament to the importance the founders of our Nation, the framers of our Constitution, placed in the American people; for it is American people in whom sovereign power over the Nation rests, not the federal Government.The Government the framers constructed is a Government divided into three separate but co-equal Branches, each with its own set of limited powers, as meticulously set out in the Articles of the Constitution. The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people as set forth in and made abundantly clear in the Tenth Amendment of the Bill of Rights of the Constitution. And, if those who exert power and authority in Government ever forget where it is that true lawful, sovereign power resides, then the right codified in the Second Amendment exists to remind them that Government was created to serve the American people, and not the other way around; nor does Government exist to serve itself.The founders of our Nation, the framers of our Constitution, would be absolutely appalled to witness the Press’ perversion of its sacred freedom. These extremist Left-wing elements that have taken over a substantial part of our news media and news commentary are a deadly contagion, spouting vile venom and filth, dispersing it with pomposity and sanctimony, on radio, on television, in printed media, and over the internet—indeed, everywhere throughout the Country and the world.And this so-called New Progressive Left plague is firmly planted in and dispersed throughout our institutions of Government—federal, State, and local—and it is a prominent fixture in the entertainment business. The New Progressive Left is pervasive in the Press and in media. It has permeated the major technology companies. But all this spawn of the New Progressive Left know full well it cannot dismantle a free, Constitutional Republic so easily. The New Progressive Left brood cannot long survive as long as there exists an armed citizenry. The root system of the New Progressive Left will wither and die as long as there exists an armed citizenry in the U.S. But an armed citizenry will only continue to exist if the American public manifests and maintains its strength of will and an indefatigable faith in our founders’ vision for our Nation and does not fall prey to the specious emotional laden nonsense constantly flowing through and out of the radical Left’s echo chamber: the Unfree Press.__________________________________________________________

PRESIDENT TRUMP AND CONGRESSIONAL REPUBLICANS MUST NOT BUCKLE UNDER TO THE PRESS AND TO DEMOCRATS WHO EXPLOIT TRAGEDY TO UNDERCUT THE SECOND AMENDMENT

PART TWO

“Now I will tell you the answer to my question. It is this. The Party seeks power entirely for its own sake. We are not interested in the good of others; we are interested solely in power, pure power. What pure power means you will understand presently. We are different from the oligarchies of the past in that we know what we are doing. All the others, even those who resembled ourselves, were cowards and hypocrites. The German Nazis and the Russian Communists came very close to us in their methods, but they never had the courage to recognize their own motives. They pretended, perhaps they even believed, that they had seized power unwillingly and for a limited time, and that just around the corner there lay a paradise where human beings would be free and equal. We are not like that. We know that no one ever seizes power with the intention of relinquishing it. Power is not a means; it is an end. One does not establish a dictatorship in order to safeguard a revolution; one makes the revolution in order to establish the dictatorship. The object of persecution is persecution. The object of torture is torture. The object of power is power. Now you begin to understand me.”~ George Orwell, writer and essayist, from his novel on a Dystopian society, "1984"

ENGAGING IN COMPROMISE WITH THOSE WHO ABHOR FIREARMS AND WHO DETEST THOSE WHO CHOOSE TO EXERCISE THEIR SACRED RIGHT TO KEEP AND BEAR ARMS WILL SERVE ONLY TO COMPROMISE THAT RIGHT, DESTROYING THE SECOND AMENDMENT

The American citizenry are a free, powerful, sovereign people living in a free Constitutional Republic; a Nation that belongs to the entire citizenry, not to a select few individuals among the citizenry; and definitely not to the Government, an entity created to serve the citizenry, not to subjugate and oppress it. The words codified in the Second Amendment make this fundamental truth plain. The exercise of the right of the people to keep and bear arms make this truth a reality. The New Progressive Left seeks to erase the words of the Second Amendment from the Constitution. The New Progressive Left demands the surrender of all firearms from the hands of the citizenry. Government control over an armed citizenry is impossible. Those Leftist radical elements know this and it infuriates them. The need for an armed citizenry, as the framers of the Constitution planned for, intended, and made eminently clear in the words of the Second Amendment, is indisputable, inescapable; and, as we see more so, today, than ever before, their vision for this Country cannot remain true and pure without an armed citizenry. The Leftist extremists come up against an impenetrable roadblock in the very existence of the Second Amendment. They realize their vision of a Marxist/Socialist Country, where America is merely a small cog in a mammoth Marxist/Socialist new world order, cannot come to fruition as long as the American people possess firearms, and they find this state of affairs intolerable.But, as long as the founders’ vision for our Nation remains fixed in the psyche of the American citizenry, and as long as the American public remains mindful, vigilant, and  undeterred by the dire threat the New Progressive Left poses to our Nation, and as long as the American public, the silent majority, is resolved to prevent the Left’s replacing the founders' vision for our Country with that of their own, will the American public be able to effectively resist and forestall the establishment here of a Marxist, Socialist dictatorship--a dictatorship in which the betrayers of our Nation, consisting of the New Progressive Left itself, but also comprising crass opportunists, stand willing to sell their very souls to secure for themselves nothing but personal aggrandizement—bootlickers and lemmings all—ready to abase themselves, obediently taking their marching orders from their overlords holed up in Brussels.If these radical Left-wing elements succeed in compromising the Nation by undercutting the Constitution, then the American people, like the populations of the EU, will face unending misery; misery manifesting in the suppression of basic freedoms, constant surveillance, control over thought and conduct, and penury; a sad, oppressive life, nay, something less than life: mere existence—in a new political, social, economic, and cultural construct; one that has erased the independence and sovereignty of our Nation and of all Western nation-states; destroying, as well, the constitutions, laws, and jurisprudence of all nation-states.But to accomplish their goal, the New Progressive Left in our Country must indoctrinate our children, and reeducate those adults who aren’t so easily susceptible to prolific proselytizing and propagandizing; those adults who are not so willing to accept the fiction that our fundamental rights and liberties aren’t rights at all and never had been, but are merely man-made constructs, mere privileges, bestowed on the American people by grace of Government and by that same authority of Government would those same privileges be rescinded.If the public believes the fiction—if, in fact, the public believes that fundamental, immutable, unalienable rights are not, at all, rights preexistent in man, bestowed on man by a loving Divine Creator, but are mere privileges, vouchsafe granted by Government to men—then these Marxists, Socialists, and Communists, will find it much easier to weaken and ultimately negate the one right that alone serves as the means of preventing subjugation of the American citizenry, and it is that one, fundamental right that most concerns them: the right of the people to keep and bear arms.The problem for those of us who seek to preserve and strengthen our sacred right of the people to keep and bear arms is found less in the Radical Left or New Progressive Left elements now controlling the seditious Press and who have insinuated themselves in and are now legion in the Democratic Party, and more in the growing possibility that the U.S. President and Congressional Republicans might actually consider negotiating with the Democrats and in so doing, weaken rather than preserve and strengthen the right of the people to keep and bear arms. What we must do is to make plain to both the U.S. President and to Congressional Republicans that they must not capitulate. We must make clear to President Trump and to Congressional Republicans that to cave in to Democrat demands for “muscular new gun control proposals,”—that Progressive Left Democrat Candidates for U.S. President, Joe Biden and Elizabeth Warren, are calling for, as reported by The New York Times, on September 3, 2019, in an article title, “Demanding Gun Control, but Differing on Tactics,”—is not the way to deal with these gun grabbers.Our Nation already has more than enough restrictive gun laws. We don’t need more; for more gun laws will not make this Nation safer. More restrictive gun laws, targeting the tens of millions of average, law-abiding, rational, responsible American citizen, which is the aim of the New Progressive Left Congressional Democrats will only make this Nation less safe--will leave those Americans without the means of adequate defense against the psychopathic criminals and dangerous psychotic lunatics who prey on innocent Americans. And, be well aware of this: The gun control proposals of Democratic Party candidates policy goals is specifically designed to target the millions of average, law-abiding gun owners, not the common criminal, the vicious drug cartels, or the occasional lunatic. We know that; and Democrats know that too. And, they don't deny it. The Press doesn't ask these candidates for U.S. President what their gun measures are really designed to do, whom it is they are really targeting. But, then, they are of one mind with antigun New Progressive Left. And, apparently, the U.S. President and Congressional Republicans aren't asking either. These “muscular new gun control measures” various Democratic Party candidates for U.S. President are calling for are directed squarely at the millions of law-abiding gun owners, not common criminals, not psychopathic gang members, not psychotic lunatics, all of whom are not permitted to own and possess firearms under current federal law, anyway—federal law that in many instances isn’t enforced. And this indisputable truth compels one unmistakable, disturbing conclusion: That further gun control laws the New Progressive Left Democratic Presidential candidates are vociferously and blatantly arguing for are not directed to reducing gun violence; nor, for that matter, are they directed toward the reduction of violence of any kind. The appeal for more restrictive gun measures is a makeweight, a platitude, for on close inspection, the logic behind the appeal falls apart, and one realizes the scam for what it is and that those demanding comprehensive gun control are really calling for comprehensive population control. The expression 'muscular, ' in muscular new gun measures' even sounds ominous. It alludes to something a criminal psychopath would utter, as the Progressive New Left intends to "muscle" the  average, honest, law-abiding, rational, responsible American citizen out of  their firearms--in other words, force average Americans to surrender their firearms on pain of serious repercussions for an American citizen who fails to do so. But, even taking the implausible platitude of ending gun violence for what it is, namely a ruse to compel the American citizenry to surrender its firearms—a ruse that has become ever clearer in the assertion, and severe in the contemplation of it—what we need to do is to understand what the core issue really is and drill down to that core issue and resolve that core issue. The question that we need to ask is this: how do we best contain violence directed toward innocent people? Focusing on guns merely serves to obscure the core issue and resolution of it, if we assume, for purpose of argument that containing violence is what the New Progressive Left has in mind and what they really want to resolve as well. But, to cut to the chase: they really don't. The New Progressive Left isn't interested in curtailing gun violence against innocent Americans. For, if they did, they would be approaching the issue sensibly, reasonably. Their objective would be to to curtail violence, whatever the mechanism employed. But they don't do that. And even apropos of guns, the New Progressive Left isn't really interested in curtailing violence committed by criminals and the occasional lunatic. Their interest is simply banning as many firearms as they can and that means targeting as many people as they can who happen to possess guns, namely tens of millions of average, law-abiding, rational, responsible American citizens. And, even on that score, they aren't honest. For, while it may seem superficially plausible to target as many gun as possible, the reason for doing so has little to do with preventing violence, for if the New Progressive Left were successful in that endeavor all that they would accomplish would be to leave tens of millions of average, law-abiding Americans defenseless, at the mercy of criminal predators and dangerous lunatics who will be able to get their hands on firearms anyway. So, it isn't curtailing violence against innocent people that the New Progressive Left is interested in protecting from "gun" violence. It is those very people that the New Progressive Left fears because tens of millions of armed Americans is a formidable force that can oppose a tyrannical Government, and it is just that sort of Government that the New Progressive Left is intent on creating. Guns themselves are merely an implement. Bad actors, the agents of violence will always be able to obtain firearms as most now do anyway, not in gun stores, or over the internet, or at gun shows, but on the Black Market. So, if it is containing societal violence, then Congress should address that. And, if not, then President Trump and Congressional Republicans should call Democrats out for their ruse. For gun control only increases the risk of societal violence, as gun control that Democrats have in mind is not a surgical strike targeting the criminal and the dangerous lunatic; it is a sledge hammer targeting the law-abiding citizenry.President Trump and  Republicans must not be hesitant in calling these Democrats out. They should ask the question directly, first of themselves and then of the radical Left Democrats: What is the goal of the New Progressive Left Congressional Democrats in calling for gun control? Is their goal to reduce societal violence or is it to disarm the American citizenry? Congressional legislation is a function of the matter to be addressed, and that is where attention ought to be focused. Taking Democrats at their word, if, then, Democrats truly desire to curtail violence in society, thereby promoting public safety, attention should be directed to answering that question, but attention is never directed to that question; not really, for that is not what Democrats want. That is not what they are after. What they seek is comprehensive citizen disarmament, and withal, removing the incipient threat to the unconstitutional usurpation of Government power and authority. In so doing the New Progressive Left turns the paramount concern of the founders of our free Republic, on its head. For an armed citizenry was precisely what the founders prescribed; for their aim was to deter the rise of tyranny, not enable it.The Press, echoing the demands of Democratic Party Presidential Candidates, with whom the Press is in league, pretends to be interested in promoting public safety, failing to realize or even to consider that an armed citizenry is the best defense against armed assailants. The goal of the Progressive New Left isn’t really public safety at all. If it were, attention would be directed to incarcerating serial criminals in prison where they belong; placing the criminally insane in institutions where they can receive the care they need and the public can be spared the danger the criminally insane pose; and deporting illegal aliens who commit the serious crimes of rape, armed robbery, assault, and murder, instead of releasing them out into the public where they can commit crimes anew.But, many Democrats, including their leaders, aren’t concerned about any of that. If they were, then they would spend more time campaigning for toughened sentencing against hardened criminals, and institutionalizing dangerous psychotics who have demonstrated a predilection for violence, and deporting illegal aliens who have demonstrated a proclivity toward violence. But we see none of that happening. We see, instead, Democrats spending much of their time campaigning for more restrictive gun laws, directed to the law-abiding citizen, which, if enacted, would have the perverse result of leaving the law-abiding citizen defenseless. The need for further restrictive gun laws is, then, again, just a ruse—all directed to one ultimate goal: de facto repeal of the Second Amendment, after which the amassing of Government power can take off, unconfined by the limitations imposed on Government in the first three Articles of the U.S. Constitution, and undeterred by, and no longer concerned with the threat an armed citizenry poses to Government's usurpation of power, which the New Progressive Left has sought all along. No longer would the need exist for the Government tyrants to go through the motions of complying with the Constitution, for the means to compel Government compliance with the limitations the Constitution imposes on Government. an armed citizenry, would no longer exist.____________________________________________________

NEW GUN CONTROL PROPOSALS ARE CITIZEN/POPULATION CONTROL PROPOSALS; THEY ARE BLATANT ATTEMPTS TO WEAKEN THE SECOND AMENDMENT

PART THREE

“Before a standing army can rule, the people must be disarmed; as they are in almost every kingdom of Europe. The supreme power in America cannot enforce unjust laws by the sword; because the whole body of the people are armed, and constitute a force superior to any band of regular troops that can be, on any pretense, raised in the United States.” ~Noah Webster, American lexicographer, textbook pioneer, English-language spelling reformer, political writer, editor, and prolific author; from his essay, “An Examination into the Leading Principles of the Federal Constitution,” 1787

SO-CALLED COMMON-SENSE GUN MEASURES THAT RESTRICT THE RIGHT OF THE PEOPLE TO KEEP AND BEAR ARMS MAKE NO SENSE AT ALL!

THE ANTIGUN NEW PROGRESSIVE LEFT DEMOCRATS BETRAY OUR NATION WITH FOUR EXTREMELY RESTRICTIVE GUN PROPOSALS THEY ARE DEAD SET ON IMPLEMENTING AND WILL IN FACT IMPLEMENT IF DEMOCRATS TAKE CONTROL OF BOTH HOUSES OF CONGRESS AND THE EXECUTIVE OFFICE, THE U.S. PRESIDENCY, IN THE UPCOMING GENERAL ELECTION

We hear the expression "common-sense gun measures" bandied about often enough; so often, in fact, that the average person doesn't bother to give it much thought, but takes the veracity of the expression as self-evident true. But, it it? On even cursory inspection such so-called "common-sense gun measures" that operate to restrict the average, law-abiding, responsible, and rational American's exercise of the natural, fundamental, and immutable, and unalienable right of the people to keep and bear arms makes no sense at all. The expression is an oxymoron and nonsensical. That fact becomes painfully obvious when one takes a long hard look at particular measures these Antigun Progressive New Left politicians have in mind. When these politicians assert that this or that gun measure makes perfect common sense, you can rest assured that it does not. The problem is that, while these politicians will tell you that this or that gun policy or gun measure will reduce "gun violence," they don't provide you with sound evidence to support their statements; nor do they give the American public a good sense of how the restrictive gun measure is designed to work, and how it is expected to be implemented. They probably don't have a clue themselves. Still, once the public gets a handle on what these antigun radical Left-wing politicians are really up to--constraining the exercise of the Second Amendment to the point that the right codified in it becomes essentially nugatory and not, contrary to what they insist, reducing "gun violence," and promoting public safety--it becomes abundantly evident that these gun control measures, when utilized together, are directed to do three things very, very well: all of them directed to disarming the citizenry and, hence, destroying the Second Amendment; and none of them directed to reducing "gun violence" and promoting "public safety"The New Progressive Left politicians' goal of disarming the citizenry through legislation, through Administrative rule-making, and through executive order--operating as a de facto repeal of the Second Amendment--has essentially three components:First, the New Progressive Left politicians seek to expand exponentially the kinds of guns and components of firearms the average law-abiding, rational, responsible citizen will no longer be permitted lawfully to possess, and, for those individuals who are permitted to lawfully possess firearms, these antigun politicians seek to control the number of firearms a person may own and possess and to strictly control the amount of ammunition and the kinds of ammunition that a gun owner is permitted to have. Second, The New Progressive Left politicians seek to expand exponentially the domain of American citizens who are prohibited from lawfully owning and possessing firearms, components of firearms, and ammunition. Third, as for those Americans who are not immediately prohibited from exercising the sacred right that is codified in the Second Amendment, the New Progressive Left politicians' "common-sense" gun policies and  gun measures are designed to be oppressive, exceedingly so, in order to make ownership and possession of firearms, ammunition, and component parts of firearms, an expensive proposition and an administrative ordeal to maintain lawfully, if the gun owner is to avoid loss of his personalty and suffer civil or even criminal prosecution. Below, we discuss a few of the ramifications of the recent antigun proposals the New Progressive Left politicians have vociferously argued for, as echoed, incessantly, by a seditious Press.Note: three of the four restrictive gun measures have been around four decades. Every so often, when a lunatic goes off half-cocked, the gun grabbers bring these proposals out of the closet and try to push them, anew, on the public. These proposals include, one, bans on commonly owned firearms; two, expansive gun background checks; and, three, so-called "gun buybacks." The fourth restrictive gun measure"Red Flag" laws, is fairly new. But, any one of these four draconian gun measures clearly infringes on the Second Amendment and negatively impacts or directly infringes other Constitutional rights and liberties as well. If all of these antigun measures were to be implemented, the Second Amendment would become effectively nugatory. But, that is the point of them. And with the last few shooting incidents, hyped up, endlessly and vigorously, by a seditious Press, we see these politicians and the Press effectively manipulating public opinion to the point that even some Congressional Republicans and Republican State Government Officials are coming on board. The Second Amendment is again under dangerous siege. 

RADICAL AND PROGRESSIVE LEFT’S FOUR-PRONG STRATEGY FOR DESTROYING THE SECOND AMENDMENT IN THE EVENT DEMOCRATS TAKE CONTROL OF BOTH HOUSES OF CONGRESS AND THE U.S. PRESIDENCY

FIRST PRONG: INSTITUTE NEW BANS ON SEMIAUTOMATIC WEAPONS , AMMUNITION MAGAZINES, AND OTHER GUN COMPONENTS AND GUN ACCESSORIESIt isn't bans on some semiautomatic weapons that the New Progressive Left is gunning for: It’s a ban on all semiautomatic weapons and on all component parts of those weapons, and on all accessories for those weapons; The very fact that the Radical Left uses vague and scary expressions, 'assault weapon' and 'high capacity magazine' isn’t not by accident, and this point must be clearly pointed out, apart from the pejorative connotations of those expressions. The expressions are deliberately ‘scary’ to instill a feeling of repugnance in the minds of the target audience. And the expressions are vague and open-ended in meaning to allow Congress to place into these categories anything and everything they wish. The Arbalest Quarrel has previously and repeatedly pointed out that the goal of antigun proponents is to ban all semiautomatic weapons, not just some of them, and this has proved prescient as the Radical Left and New Progressive Left antigun crowd is beginning to use the expressions, ‘semiautomatic weapon’ and ‘semiautomatic weapon’ interchangeably. More so than revolvers, semiautomatic firearms have become the weapons of choice for personal defense. They are weapons in common use by millions of Americans, and, they are the weapons that the antigun Progressive New Left is most desirous of banning outright, along with their ammunition magazines. If these radical antigun Leftists are successful, then exercise of the Second Amendment will become increasingly more difficult, and that is the real aim of antigun zealots. Their goal is to destroy the Second Amendment because the citizenry's exercise of the right to keep and bear arms, codified in the Second Amendment, operates as an existential threat to the ultimate goal they wish to achieve: absolute control of the population and subjugation of the citizenry. To achieve the ultimate goal of expanding Government exponentially and controlling all thought and behavior of the American public through absolute control of the police, the military, the intelligence apparatuses, the media, and control of the policy-making arms of Government, the New Progressive Left antigun zealots realize they must disarm the citizenry. De facto repeal of the right of the Second Amendment is, then, their penultimate goal. The New Progressive Left must accomplish destruction of the Second Amendment if they are to be able to subjugate the citizenry, and, in so doing, they will begin to bring to fruition, their ultimate goal: a Marxist-Socialist Dictatorship that will emerge from the tattered remains of our Republic. But, the New Progressive Left politicians must first curry public support for their unconstitutional, unconscionable antigun policy objectives and measures. In that effort we find antigun groups, the Press, and antigun politicians of the New Progressive Left unfailingly and endlessly utilizing the fictions their public relations firms create for the specific purpose of manipulating the public into supporting policies antithetical to preservation of the Second Amendment. These fictions include loaded, emotionally charged terminology: ‘assault weapon,’ ‘military styled assault rifle,’ ‘weapon of war,’ and “high capacity magazine.” The public usually doesn’t even bother to ask for explication of these expressions, and in the few instances when it does ask for an explication, we see the antigun spokesperson often saying that the targeted weapons look like and operate like military weapons. This, of course is a nonsensical response, first, because the military isn't interested in the appearance of firearms merely for the sake of appearance, anyway, and, second, because the antigun pronouncement that civilian “assault weapons” operate like military “assault rifles” is simply wrong.In weapons’ design and fabrication for military application, form follows function, not the other way around, and the critical importance of function of a weapon is that of operation and handling. The military, ‘assault rifle,’ by definition, is a selective fire, intermediate caliber weapon. The civilian version of an assault rifle, if the notion of a ‘civilian version’ of military assault rifle is even meaningful, is hardly an adequate descriptor for weapons found in the non-military marketplace since such weapons are not capable of full auto or short burst auto fire.Antigun politicians and antigun zealots also claim that ‘assault weapons’ aren't utilized for and are not really useful for hunting small game. But, how would they even know? They never bother to explain, and the assertion is hardly self-evident, true. In fact, the assertion is false on two grounds. First, many Americans do use the weapon for hunting. It is light, accurate, and suitable for and, so, often marketed for that purpose. Antigun politicians and antigun zealots also claim that ‘assault weapons’ aren't utilized for and are not really useful for hunting small game. But, how would they even know? They never bother to explain, and the assertion is hardly self-evident, true. In fact, the assertion is false on two grounds. First, many Americans do use the weapon for hunting. It is light, accurate, and suitable for and, so, often marketed for that purpose. Second, even assuming, for purpose of argument, that the antigun zealot’s claim were true, it doesn’t follow that Americans don’t have a right to possess these ‘assault weapons’ for other lawful uses, such as for home defense or simply for target shooting, or for competitive shooting. , even assuming, for purpose of argument, that the antigun zealot’s claim were true, it doesn’t follow that Americans don’t have a right to possess these ‘assault weapons’ for other lawful uses, such as for home defense or simply for target shooting, or for competitive shooting. Those are all legitimate purposes. Further, suppose, an American simply wants a fully functional ‘assault weapon’ as a collectible. Why shouldn’t a law-abiding, responsible, rational American citizen be able to own and possess that weapon? It is no answer to say no American needs one. But, that is the answer often given. In fact, why should the law-abiding, responsible, rational American citizen even have to proffer a reason for owning and possessing a so-called 'assault weapon' at all. The antigun New Progressive Left activist simply presumes that a person must explain why he wishes to own and possess this or that firearm. No he doesn't. Where in the Constitution, in the Second Amendment, or in any other provision of the Constitution, does it say that an American citizen must demonstrate a purpose for or need for owning and possessing a particular firearm? Nowhere. The implicit understanding of the text of the Second Amendment is that a weapon be a personnel weapon, that, in fact, is expected to be used for, inter alia, military use. So, contrary, to the antigun New Progressive Left’s assertion that civilians are not permitted to own and possess a 'weapon of war,'—a shibboleth that is accepted as true and obviously so—the import of the Second Amendment points to the falsity of the New Progressive Left’s claim. A salient, and, indeed, the salient import of the Second Amendment is that the Nation is to be protected by a citizen army, no less so than by the Government's own standing army to help thwart a foreign aggressor; but also, and more particularly today, to protect the sovereignty, the integrity, and the autonomy of the American people from the visible and perverse threat posed by seditious insurgents within the Nation. The threat that the antigun New Progressive Left poses to the American citizenry is manifest in the desire of the New Progressive Left’s intent on creating a massive, omnipotent, onmniscent, and omnipresent federal Government: the antigun New Progressive Left’s God! To that end, the antigun New Progressive Left has demonstrated an overt proclivity and, indeed, a marked, staunch, and, in their own words, 'muscular' desire to disarm the public, for the unmistakeable, albeit unstated, purpose of controlling it. No better reason, then, for the civilian citizenry of the Nation to be well-armed, and well-armed, to the hilt, and with actual selective-fire assault rifles and submachine guns, not merely armed, then, with what the antigun Progressive New Left refers, inaccurately and pejoratively, as 'weapons of war' and 'as military style assault weapons.’ For rhe real threat posed to the preservation of our Nation to as a free, Constitutional Republic and a free people, comes from those within the Nation, as subsidized by seditious billionaires both within and outside the Country, who desire to destroy the very framework of our Nation, as designed and created by our founders. No better evidence is there of their seditious intent, than their desire to disarm the citizenry; and no better reason, then, for the citizenry to be well-armed. The U.S. Supreme Court held in Heller, the seminal Second Amendment case, has made abundantly clear that firearms in common use, which includes those antigun Leftists refer to under the pejorative ‘assault weapons,’ and ‘military styled assault rifles,’ and ‘weapons of war,’ are a protected category of firearms under the Heller standard. One would wonder whether, given the dire threat posed by insurgents in our midst would not had led the late Associate Justice, Antonin Scalia, to conclude that, as consistent with the import and purport of our Second Amendment, a citizen army should be armed with military personnel weapons to best thwart a takeover of our Nation's Government by those hell-bent in instituting a Marxist-Socialist Dictatorship—a form of Government altogether inconsistent with the framework that the founders of our free Republic had heretofore established for it, as set forth in the U.S. Constitution that the States had ratified—a Constitution that includes a well-stocked set of elemental,fundamental, immutable, unalienable rights and liberties that are not to be modified, abrogated, ignored, or perfunctorily dismissed. As for ammunition magazines, the retort to the perfunctory exclamation of the antigun New Progressive Left that no one needs high capacity magazines is threefold. First, we begin with the obvious: ammunition magazines are a necessary component of semiautomatic weapons. And, as for what constitutes an acceptable number of cartridges, and what might, to the antigun radical Left activist constitute an unacceptable, “high capacity,” ammunition magazine, no one can reasonably define what ‘high capacity’ means; any attempt to do so reduces to arbitrary absurdity. Second, an ammunition magazine holding several rounds, for home defense, makes simple common-sense, whether an innocent individual faces one assailant or several assailants. The imposition of limitations on the number of cartridges a given ammunition magazine is, for a particular firearms, under law, permitted to hold, are ultimately arbitrary senseless and pointless. Third, going back to the initial antigun pronouncement that the average, law-abiding, rational, responsible civilian citizen simply doesn’t need a ‘high capacity’ ammunition magazines, whatever that expression, ‘high capacity’ means, simply begs the question whether one does need such high capacity ammunition magazines to adequately thwart a potential threat. "Need," in and of itself, namely "need per se," is defined by purpose. But, the antigun proponent’s pronouncement that a person doesn’t need a ‘high capacity magazine’ is logically faulty on other grounds. There are many things a person possesses that a person may not need. There are wants as well. Suppose I just happen to want a so-called ‘assault weapon’ and so-called high capacity ammunition magazine, as a component of that weapon. Why shouldn’t I, as an average, law-abiding, rational, responsible citizen, be able to have one? It is no answer to say society will be safer if I don’t have certain weapons and certain ammunition magazines. Extrapolating from misuse of any firearm by a dangerous lunatic and psychopathic criminal to me and tens of millions of other Americans who desire to exercise their natural right to own and possess these firearms and ammunition magazines and who are not lunatics or psychopathic criminals is to constrain, unconstitutionally and unconscionably, tens of millions of Americans due to the actions of a few undesirables. Again, the idea promulgated by antigun proponents that society, the Collective, the Hive, will be better off if those tens of millions of law-abiding, rational, responsible citizens don’t have access to these weapons and components even if they themselves are not a danger to society and never would be is to accept an ethical position, utilitarian consequentialist, that most Americans don’t ascribe to: the idea that it is better to lose a few innocent lives for the apparent benefit of a larger group. But, that is an alien concept, abhorrent to most Americans, and certainly abhorrent to those who founded our Nation. People are not ants or bees, even as these New Progressive Leftists believe them to be so, and would treat people as such.And, as 'need' is defined by purpose, no greater need exists, today, than for a citizen army to be well-armed against the real threat of a Marxist-Socialist takeover of the Government and the enslavement of the American citizenry that such a takeover would entail. It is just this dire need that exists and more so now than ever before in light of those who argue that no need exists for so-called ‘weapons of war.’ The American citizenry must be well-armed to thwart a possible takeover of our Government by this antigun New Progressive Left that is intent on destroying our Nation's Constitution; that is intent on erasing our Nation's history; and that is intent on endowing the federal Government with the means necessary to do so: to subjugate the American citizenry, and thoroughly control all thought and action. The American citizenry must never be taken in by the duplicitous, claim made by this insurgent antigun New Progressive Left that its motive for disarming Americans is simply a desire to protect the life, well-being, and safety of Americans and that society, the Collective, is best served if Americans are disarmed, even if that means that the lives of individuals in that society will be placed in danger therewith. What in fact does it even mean to say that it is okay to lose a few innocent lives through the disarming the citizenry if the greater society, the greater Collective, the greater Hive, is secure? If a Left-wing extremist argues that the well-being of ten lives are worth more than the well-being of one, what is the sanctity in numbers if not for the individual? And, how, for that matter, is one better served to have lost his or her life for having not had the effective means a firearm provides to secure it, to be told that his sacrifice is an acceptable loss because the Collective, the Hive has been better served thereby? Really. If the antigun New Progressive Left proponent doesn’t give a damn about the sanctity of the individual, where is the sanctity found in numbers alone? And, why should that Collective, that Hive even bother to exist at all, that the multitude is nothing more than expendable fodder anyway? Who, then, or what, then, is better served? And, is everyone truly in the same boat, abjectly defenseless? What about those policy maker and billionaire elites who live behind gated communities, and who travel in armored vehicles, with a contingency of armed guards? “Oh,” the hoi poloi is told, “they are the queen bees!” “Their lives are worth so much more than yours!” How so? That the New Progressive Left so decrees THAT to be so? But, how does that idea square with the notion that the antigun New Progressive and Radical Left and cares about securing the life, safety, and well-being of Americans, when their Collectivist and Utilitiarian Consequentialist precepts dictates quite clearly that they don’t give a damn at all? It is all just empty words! In fact, the ethical, political, and social position of the New Progressive Left is bankrupt. We see that in the fact that the New Progressive Left supports late term abortion. They don’t care about the most innocent of human life, so it is highly doubtful that they vouchsafe care about ten or twenty, or a hundred, or a thousand, or ten thousand or a hundred thousand lives. Reducing life to mere numbers reduces to absurdity the New Progressive Left’s concern about the value of human life at all. These people are simply masters of emotional rhetoric. Phrases like, military styled assault rifle,’ and ‘weapon of war,’ and ‘high capacity magazine,’ are emotionally charged, deliberately deceptive phrases, intended to and calculated to spark a feeling of unease in the target audience: the American public, thereby making the public receptive to bans on any firearms and any gun components that fall into the named categories. But, the fact that they really don’t care about the life of individuals is reflected in their policy stances on immigration and abortion, as well as on the matter of firearms ownership and possession. Hence, any argument they make even if superficially plausible is vacuous, because the basis for it concern for human life, really doesn’t exist at all. It is just a platitude, a makeweight, a sad, disturbing ruse.

SECOND PRONG: ENCOURAGE EVERY STATE TO ENACT “RED FLAG” LAWS

This restrictive gun policy objective entails expanding the list of individuals who are not permitted to own or possess firearms. New Progressive Left Democratic Party candidates for U.S. President—namely, the front runners—all support across the board State enactment of so-called “Red Flag” laws. Several States have already enacted such laws, and all of them either directly infringe the Second Amendment or otherwise come dangerously close to doing so and certainly impinge upon one's exercise of the Second Amendment right of the people to keep and bear arms. Although the text of these laws as they presently exist in those jurisdictions that presently have them, or that are otherwise in the process of enacting Red Flag laws or considering enacting Red Flag laws, do vary from State to State. But, all of these Red Flag laws have one defining characteristic: they all operate ex parte. What does that mean? It means that Courts conduct hearings  where only one party to the action is present at the hearing, namely the party who is attempting to obtain a Court order against another party who is not initially present at the Court hearing to defend his interests. The interest at stake here is retention of one's personal property, namely, one's firearms. In an ex parte hearing, under Red Flag laws, one party, or side, at the hearing seeks a Court order requiring the other party, who isn't present at the hearing, an American citizen who has  committed no crime but whom the accuser is claiming is nonetheless dangerous because that person has firearms in his or her possession,. to surrender those firearms to Governmental authority. Thus, the accuser is seeking the removal of that person’s personal property, that person’s firearms— prior to the affected party’s ability to present a case in his or her defense, who would obviously wish to keep his personal property but cannot do so because the affected party has no opportunity to confront the accuser until some point subsequent to the actual removal of the person’s personalty, their firearms, assuming the Court issues an order requiring the surrendering of weapons to Governmental authority. It is only after the fact, the removal of the firearms--the personal property--takes place, that a hearing is conducted where both sides are present and the party, against whom the action was taken, attempts to make a case for restoration of his personal property. All of these “Red Flag” laws, play on some variation of this theme and all of them impinge upon or are in danger of impinging upon the due process clause of the Fourteenth Amendment. So, all of these "Red Flag" laws are Constitutionally suspect and they all should be scrutinized before enactment to see if they pass Constitutional muster. But, that never happens. The question is do we really need these laws to protect society from the possibility of danger. And that notion of 'possibility' is a red herring. We would ask: How “possible” is that possibility of danger, and how do we know that a person, whomever it is that may target a person’s firearms, is doing so with an honest motive. And even if the accuser has an ostensibly honest motive for bringing action against a gun owner, forcing a person to forsake his personal property by Court order, under a State’s “Red Flag” law, the machinery of justice is, for all that, moving against a person who has committed no crime. The Court is faced with the dubious task of rendering an adverse decision against a person without having actually met with the person and therefore has no opportunity to conduct and to preside over an adversary proceeding to which all American citizens are entitled. Ex parte proceedings are, not surprisingly, frowned on in the law, as they are by nature, contrary to our Nation's sacred jurisprudential principles. Generally, a full adversary proceeding can and should be conducted. Likely, we would see that the person who is making a claim against individual without having to confront that person in open Court, would think twice about the danger presented, if a full adversary hearing were conducted. But, suppose the danger is imminent or appears to be truly imminent. In that event, every State has mechanisms by which a person can request a Court to order a personal protection order against that person who is deemed a threat. That too is handled ex parte, and a Court if convinced that a threat is imminent could certainly issue an ex parte order requiring of the person who is deemed a threat, to relinquish his or her firearms if they have any. Thus, Red Flag laws don’t do anything that personal protection orders don’t already accomplish except they make it easier for more people to make spurious, specious claims against people, often for ulterior motives, and yet avoid having to face the consequences for making those false claims, as Red Flag laws do not generally, if not invariably, provide a mechanism through which a person wrongly targeted can bring action against his or her accuser.Secondly, under federal law, 18 U.S.C § 922(g) and (n), individuals, including those convicted of felonies and those who had been institutionalized for mental illness, are not permitted to own and possess firearms anyway unless they obtain a certificate of relief from disability. Red Flag laws operate as a backdoor for expanding the domain of individuals not permitted to own or possess a firearm. Since antigun proponents denounce out-of-hand the right of the people to keep and bear arms, it should not come as a surprise that they would look for seemingly plausible ways to expand the domain of people considered unfit to own and possess firearms beyond those categories that already exist in federal law, claiming as they always do, that what motivates them is the desire to protect society when that is patently untrue. What really motivates these people is a desire to reduce the Second Amendment to a nullity, under the pretext that they give a damn about the life, safety, and well being of others. But they don’t because they don’t recognize that a person has a right of self-defense and don’t care that a firearm is the best means by which a person can effectively defend themselves against attack; and as they place their faith in Government to control the masses, and don’t trust the citizenry, their entire view of man and man’s relationship to Government and to each other is the obverse of that of the founders of our Nation. The Second Amendment isn’t consistent with the tenets of Collectivism.

THIRD PRONG: "EXPAND" GUN BACKGROUND CHECKS

Expanding background checks, delaying the purchase of, trade, or resale of guns and gun paraphernalia is merely another 'muscular' attempt to slowly whittle away at the true efficacy of the right codified in the Second Amendment. It is merely another mechanism to reduce the right of the people to keep and bear arms to a nullity. It need hardly be said that most criminals don’t obtain their firearms lawfully. They either steal firearms or obtain them on the black market or through straw purchases all of which are illegal, If the stated purpose is to close what antigun proponents point to as loopholes, then let’s take a look at those purported loopholes. One concern mentioned is that people don’t have to go to the holder of an FFL to obtain a firearm if one purchases a firearm directly or if a person purchases a firearm from another person at a gun show, where laws are not enforced. Well, actually they are. No one is permitted to sell, trade, or otherwise dispose of firearms without complying with federal law and applicable State law. Purchases through the internet have to be made through the intermediary of a person holding an FFL. Purchases at gun shows are usually made through a holder of an FFL directly as are purchases made at a retail gun store where the sellers would be required to have an FFL, and possibly a State gun license as well. What about private sales at gun shows? Well, sellers of firearms are still required to comply with the law. No one is permitted to dispose of a firearm to an individual who is prohibited from federal law from possessing a firearm. Antigun groups like to argue that “gun” people are unscrupulous. Well, no they aren’t. Law-abiding gun owners are the most scrupulous of American citizens. See NRA discussion on thisThe antigun New Progressive Left, viewing gun ownership as evil, doesn’t draw a tenable distinction between law-abiding gun owners and criminals. But, this should come as no surprise. The Progressive New Left conflates the two groups, illegal aliens and legal immigrants, to make the spurious argument that President Trump is against immigration. No he isn’t, and never was. During his campaign he pointed out over and over again that what he does oppose is “illegal immigration.” The Progressive New Left seems to have amnesia about this. The President’s immigration policies since holding Office are systematize and streamline legal immigration, and to get a handle on illegal movement of people and drugs across our Nation’s borders that, for decades Congress has failed to deal with. And, so, the problem has worsened through the years, becoming virtually impossible to manage now. And President Trump is receiving no more assistance from Congress now, than had any President before him. He is not suggesting anything unusual. Other Countries control their Nation’s borders. Consider Canada for example. Why should our Nation be different?While blasé about controlling illegal traffic across our Nation’s Southern Border, it is wondrous strange that the antigun Progressive New Left is so particular about clamping down on the law-abiding citizen’s wish merely to exercise his right to keep and bear arms without being plagued by hundreds of extraneous laws drawn up merely to frustrate and oppressive the gun owner. The instant gun background check program has worked fine. Instances of so-called “mass shootings” are few in number and pale into insignificance when compared to the daily shootings due to criminal misuse of firearms. The Progressive New Left seems to be little bothered by that, only drawing attention to, and with great fanfare, the use of a firearm by the occasional lunatic who goes off half-cocked. And their answers are directed not to dealing effectively with those sorry souls, but for tens of millions of innocent, average, law-abiding, rational, responsible individuals.

FOURTH PRONG: IMPLEMENT GUN "BUYBACK"  MEASURES 

Gun buybacks fall into two categories. One category utilized by various Cities in the past is “gun buybacks” as voluntary program that antigun politicians draw out of the closet now and again merely as a political stunt. These buybacks are directed, of course, not to the psychopathic killer, common criminal, or to those few individuals who suffer from psychoses that truly represent a danger both to themselves and others abd then goes off half-cocked. No! These gun buybacks are directed to the average, law-abiding, responsible gun owner. But, not surprisingly, gun owners who take part in these programs do not surrender expensive firearms, but, rather, old, probably inoperable firearms. Even the liberal weblog, Trace, admits that the truly voluntary “buybacks” don’t work to lower crime rates, as criminals don’t take part in these programs. Why should they? And, those individuals who do surrender firearms to police authorities for a few bucks aren’t people who misuse firearms anyway. So, then, what seemingly plausible basis is there for these buyback programs? The implicit, but false, assumption, is that by reducing the number of guns in the public domain that will, ipso facto, reduce “gun” violence. Yet, that idea, on its face, is ridiculous, and not simply due to the volume of firearms in the public domain, if that is a sound factor for accounting for “gun violence” anyway because, again, the people who take part in the program are not those who commit crimes with guns—or with any other implement for that matter. So, this category of gun buybacks is at best, a poor solution to resolving the problem of criminal violence and, at worst, it is a cruel hoax, designed to give some ignorant Americans the feeling that Government is doing something effective about crime rates in some urban areas when it really isn’t and is simply a “smoke and mirrors” scheme to create the false impression that Government truly cares about providing a safe and secure City environment for the public, when Government doesn’t really give a damn at all. Antigun groups and antigun politicians are aware of this, of course, but in rebuttal, simply assert that gun buyback programs do work, especially those that are structured properly. The website gunxgun.org, an antigun site, that, curiously, says virtually nothing about itself and, we surmise, is likely a vehicle of large well-funded antigun groups seeking to jump start grassroots efforts to assist them in their agenda, undermining the Second Amendment, to acknowledges that, on a macro level, namely, in the public domain, these gun buyback programs, to date, don’t make communities any safer. What the site does say is that, homes are safer, once firearms are removed from the home: no guns in the home means no gun violence. Well, that point is true, but only trivially so. For, this doesn’t mean people prone to violence in the home won’t or can’t find the means to injure or kill another human being whether a gun is the implement of harm or some other implement. But, what is really interesting about the comment is the implicit point made that is a running theme through all attempts to impose on the public more and more draconian gun schemes. The running theme is that the citizenry cannot be trusted; that all people are potentially a danger both to themselves and to others, and that society as a whole is safer and more secure if firearms are removed from the homes. But, what of the obverse? Aren’t particular individuals in the community thereby made less safe  having lost the most suitable means available to secure both their life and that of their family, namely that a  firearm provides? The fact of the matter is that the antigun New Progressive Left cares little, if at all, for the well-being and safety of individuals in society. They are only interested in protecting the wealthy, and well-connected and powerful. For these people—people who ascribe to the tenets of Collectivism—perceive our Country, our society, as an ant colony or bee hive. As long as the greater Collective, the Hive, is secure—meaning that as long as they, “the elite” of society are safe and secure—that is all that truly matters. They view the mass of society, the Hoi Poloi, as expendable. That is the inference to be drawn from their policy goals. For all their talk about concern for the masses, including illegal aliens—even those who are acutely dangerous to the life, health, safety, and well-being of the citizenry—the New Progressive Left cares little for the sanctity and inviolability of the American citizen. They seek to control all thought, and all conduct, to treat everyone equally—that is to say, subjugated, submissive to the will of the State, the Government, a Government they control. The New Progressive Left’s vision for  our Nation is the antithesis of that of our founders. It is little wonder then that these people attack their memory, demolish our monuments, and seek to erase our history. The Second category of gun “buyback” programs and one championed by Democratic Party nominee for U.S. President, Eric Swalwell, and a signature component of his campaign before that campaign came to an abrupt end, isn’t a gun buyback program at all. It’s a confiscation scheme, similar to the infamous gun confiscation schemes employed by the Australian and New Zealand Governments, neither Government of which recognizes the fundamental, unalienable, immutable right of its citizens—really subjects—to keep and bear arms. What Eric Swalwell championed, and what Democratic Party nominee for U.S. President, Joe Biden, has taken up is a antigun policy measure mandating that the American public surrender any and all firearms that the Government deems unsuitable for public ownership and possession and which it places under the banned category of ‘assault weapons,’ which means, as we, at the Arbalest Quarrel, have known all along and as we have heretofore so stated on our website: the eventual confiscation of all semiautomatic firearms. The expression, ‘buyback,’ always a misnomer, is, as conceived by and mentioned by Joe Biden and, in fact, as understood and desired by the Democratic Party Progressive New Left, not a buyback at all, under any reasonable interpretation. It is a blatant gun confiscation scheme scarcely cloaked as a “gun buyback.” The program as envisioned isn’t voluntary. It’s mandatory. As conceived, and as it would likely be implemented either by any Democratic Party New Progressive Left—if that Candidate is elected U.S. President—any firearm designated by the New Progressive Left to be an ‘assault weapon,’ would be illegal. Any American citizen who presently has one or more such weapons would be required to surrender them to Governmental authority. If the Democratic Party controls both Houses of Congress we can expect Congress to enact mandatory gun confiscation, along with other draconian “muscular” laws. If the Republicans retain control of the Senate, mandatory confiscation is unlikely to be enacted. But, if a Democrat secures the U.S. Presidency, the American public may very well see a flurry of executive orders operating as law, and accomplishing, then, the same thing as a Congressional enactment. Kamala Harris has threatened to issue just such an executive order were she to secure her Party’s nomination and then secure the Presidency. Such law or executive order would be immediately challenged. A mandatory gun confiscation scheme amounts to an illegal taking under the Fifth Amendment’s ‘just compensation’ clause as semiautomatic weapons--essentially every weapon, now, that the New Progressive Left lumps under the fictions of 'assault weapons' or 'weapons of war'--manufactured by reputable companies like Smith and Wesson, Colt, Sturm Ruger, Beretta, Sig Sauer, Heckler and Koch, Remington, and many others, all of which produce extremely well-designed and engineered products. These firearms cost, on the retail market, several hundred and even several thousand dollars. A gun confiscation scheme would not provide just compensation for these firearms. A gun confiscation scheme would also, and obviously, infringe the Second Amendment. And such a gun confiscation scheme would infringe the Searches and Seizures clause of the Fourth Amendment. The gun confiscation scheme targeting semiautomatic weapons would impinge on both the Equal Protection and Due Process clauses of the Fifth and Fourteenth Amendments. Even the Freedom of Speech clause of the First Amendment would be implicated and violated as well. But, then, the New Progressive Left doesn’t give a damn about the Bill of Rights, and never did. It is all sham for them to even suggest that they do. But, if it should come to pass the New Progressive Left does take control of Government--both Houses of Congress, and the U.S. Presidency-- the American citizenry will see Government imposing a flurry of unconstitutional, unconscionable gun restrictions on the American citizenry such as this Nation has never seen before. The New Progressive Left intends to force their new vision of America on the Nation, a vision diametrically opposed to that of our founders, the framers of our Constitution. And the New Progressive Left will commence with an attempt at de facto destruction of the Second Amendment. The founders of our free Republic would not abide this; and those of us who believe in our Nation as a Constitutional Republic, where the American people, the citizenry, are the ultimate sovereign of their Nation, not Government, and where Government was created to serve the people and not the other way around, should not abide this occurrence either, and most likely, won't.When firearms are removed from average, law-abiding, rational citizens in violation of Due Process requirements, and when those American citizens, for whom draconian gun laws do not preclude gun ownership and possession, are oppressed by complex gun registration requirements making gun ownership and possession an increasingly difficult, time-consuming and expensive process, and when guns are treated less like personal property and more like State owned property that Americans can only rent for use at a particular time and at a particular place, after which guns must be returned to the State, to be secured and stored, then it should be clear to all Americans that the goal of gun control is not public safety and never was. The goal is population control and always has been.__________________________________________________________

RADICAL LEFT FRAMES FALSE SMOKE AND MIRRORS ISSUES: “GUN VIOLENCE’ AND ‘GUN CONTROL’ TO ADVANCE ITS ANTI-SECOND AMENDMENT AGENDA

PART FOUR

It would not be impossible to prove with sufficient repetition and a psychological understanding of the people concerned that a square is in fact a circle. They are mere words, and words can be molded until they clothe ideas and disguise.” First quotation ~ Joseph Goebbels, Reich Minister of Propaganda, Nazi Germany, 1933-1945“The most brilliant propagandist technique will yield no success unless one fundamental principle is borne in mind constantly— it must confine itself to a few points and repeat them over and over.” Second quotation~ Joseph Goebbels“The basic tool for the manipulation of reality is the manipulation of words. If you can control the meaning of words, you can control the people who must use the words.” ~ Philip K. Dick, Twentieth Century American author; prolific writer of science fiction and winner of prestigious Hugo award for best novel: “The Man in the High Castle,” published in 1962It should be evident to President Trump and to Congressional Republicans that all these calls for further gun restrictions, many of them coming from all of the leading Democratic Party Candidates for U.S. President—Joe Biden, Elizabeth Warren, Bernie Sanders, Kamala Harris, Amy Klobuchar, Cory Booker, and Pete Buttigieg—are evidence of a personal bias against guns generally, and against civilian gun ownership particularly; and all of them vying for a chance to impose their Marxist/Socialist agenda on the entire Nation.Every one of these people clamors for further gun background checks, enactment of “Red Flag laws,” and bans on so-called “assault weapons,”  and so-called "gun buybacks." Not one of these people has the least interest in securing, preserving, and strengthening the Second Amendment. To the contrary, they all wish to dispense with the Second Amendment altogether, and their gun control measures are clear evidence of that, and their recent pronouncements on the subject make that fact abundantly clear. A slippery slope to Armageddon is not fallacy here. Prima facie evidence exists for this conclusion. De facto repeal of the Second Amendment is the goal of the New Progressive Left.The New Progressive Left seeks nothing less than a complete transformation of our Nation into a Marxist/Socialist State, and they have been appealing to the public to make that nightmare a reality.The present crop of Democratic Party candidates for U.S. President know that the transformation sought isn’t tenable as long as the public does in fact keep and bear arms and they mean to change that; to change public attitude toward guns and toward self-defense by means of guns; and, with the Press, with whom these New Progressive Left candidates have an incestuous relationship and with whom they are constantly collaborating, in an attempt to control the running narrative of solving “gun violence” with a new wave of “gun control measures,” we see the New Progressive Act employing a massive Psy-Ops campaign against Americans, inserting memes into the psyche of the citizenry: ‘guns are evil,’ ‘guns cause crime,’ ‘civilized people don’t need guns and don’t want them,’ ‘guns turn good people into bad people,’ and so on and so forth.But, the issue of ‘gun violence’ is nothing more than a fiction, a straw man devised and concocted out of whole cloth by public relations firms for their client, the antigun New Progressive Left. This straw man created is diabolical in the conception, cunningly employed in practice. The New Progressive Left uses this straw man to deliberately draw attention of the public and Congress away from the two truly legitimate issues: the causes of ‘societal violence’ and the perpetrators of it. By framing the issues in the way it does--on implements of violence, rather than on the root causes of violence and on the perpetrators of violence, the New Progressive Left forces Congress and the public to focus attention on a false issue, ‘guns' per se--'gun violence'--as if the gun itself was the perpetrator of violence. But, there is method to the New Progressive Left's madness: An all-consuming obsession with  undermining the Second Amendment; wasting tax dollars pursuing a bugaboo that the radical Left itself had evoked; and deliberately fomenting anger and resentment in the public, in furtherance of its own misbegotten and loathsome agenda. The New Progressive Left, by sleight of hand, conveys the impression that the true threats to society are guns, gun owners, the Second Amendment, the NRA, and firearms manufacturers, notwithstanding that the true threats to societal equanimity and serenity fall squarely on the New Progressive Left itself and on those who sympathize with their agenda: the Hollywood producers who create films that glorify killers and their misuse of firearms, and the radical political Left-wing Hollywood actors who portray these killers, even as they bemoan guns and demean law-abiding gun owners and the NRA off camera; the software programmers, creators of thousands of gruesome video games; and the technology industry whose new and ever evolving products serve, increasingly, to induce human beings to spend more time in the world of virtual reality rather than in the real reality, cultivating real relationships and real human interaction. In fact the New Progressive Left, is directly responsible for creating the environment in which societal violence is nurtured and in which that violence is allowed to grow and flourish. The New Progressive Left does this through the constant vitriol it spouts and the false dichotomy it has conceived--a society of victims and victimizers. It has created a false dichotomy in attempt to foment the very violence it disingenuously tells us it seeks to curtail and that, it claims, deceitfully, would be curtailed, if only the citizenry would surrender its firearms--all of them, as if "the gun" is the root of problem of society, when the root problem, rests, of course, in the disease that is the New Progressive Left itself and in those radical, anarchist elements in society who desire to tear down the very framework of a free Republic that the founders lovingly gave to us. The radical Left elements and anarchists are the rot and cancer that must be cut out, but the New Progressive Left diabolically focuses the public's attention away from itself and  directs the public's attention on the healthy tissue of society, our Nation's Constitution,  urging excision of great portions of the Constitution, commencing, not unsurprisingly, with the Second Amendment--suggesting major changes, involving a general weakening of the other natural, fundamental, and immutable rights; and these unspeakably evil, ruthless elements, are calling for, nay, demanding a major reworking of the Articles of the Constitution. And, many members of the polity have, unfortunately, been seduced by the sanctimonious bellowing of these radical Left elements, and many members of the polity have bought into this dangerous nonsense. How is it that many members of the polity have been seduced?Through use of military techniques of psychological conditioning and brainwashing, the New Progressive Left controls public opinion, and seeks to force Congress to bend to its will. The New Progressive Left has deliberately created a toxic environment throughout the Country, creating division among the polity, fomenting violence, all in an attempt to exert pressure on Congress; to extort concessions from Congress that serve the interests of the Progressive New Left, and not the interests of the public. Through deliberate deception, the New Progressive Left eggs the public on in a naked attempt to cajole both the U.S. President and Congressional Republicans to enact further gun control laws that the President and Congressional Republicans know full well are not in the best interests of the public; are antithetical to the import and purport of the Second Amendment; and are detrimental to the preservation of a free Republic. But how many citizens have fallen prey to the constant, pounding of the deceptive messaging of the Radical Left elements and the Radical Left Press? How many Americans have really jumped on the antigun bandwagon? How many of them have been unconsciously and unconscionably manipulated into fully accepting such ludicrous, outlandish antigun, Anti-Second Amendment policy proposals? How many Americans have been reduced to raging, uncontrollable beasts, the acolytes of the New Progressive and Radical Left politicians, those laughing hyenas and  jackals, sitting in their lofty perches, spurring the doting lemmings on and over the cliff. Apparently, all too many Americans have been seduced. Radical shock therapy may be necessary to draw these Americans out of their brain-induced stupor.___________________________________________

DEMOCRATS AND THE PRESS URGE CONGRESS TO ENACT NEW RESTRICTIVE GUN LAWS TO FURTHER RADICAL LEFT AGENDA

PART FIVE

In an article posted in The New York Times, on September 2, 2019, titled, “Congress Faces Fresh Urgency On Gun Laws,” the Times is pressing Congress to cave to the frenetic urging of the Leftist antigun crowd, hell-bent on further weakening the Second Amendment, having found an opening in the recent spate of random shootings that occurred in El Paso, Texas; Dayton, Ohio; and, now, Odessa, Texas; exploiting these tragedies, appealing to emotion, rather than to reason, employing the informal logical fallacy of ad misericordium, a fallacy well known to the ancient Greeks: the fallacy of appealing cunningly to pity, misery, and sympathy--playing on the public's emotions, rather than appealing to the public's reason, to obtain the goal, an unarmed citizenry that, if that should come to pass, will not secure public safety, but will endanger the life and safety of the citizenry and will be an open invitation to tyranny. Where will appeals to pity and sympathy for Americans rest, then?Extremist elements are hammering Congress to enact, first and foremost more gun background checks, even as the New York Times acknowledges in its own story that: “In fact, whether a background check would have prevented the West Texas gunman from acquiring his weapon is not known. Chief Michael Gerke of the Odessa Police Department said the gunman, who had been fired from a trucking job, had used an AR-15-style rifle, but had a criminal record. It was not clear on Sunday whether the gun had been acquired legally, and the authorities stressed that they had not established a motive.”What is deeply disturbing, perplexing and distressing is that President Trump seems to be allowing himself to be caught up in the frenzied emotion of the moment, seeming to give in to moronic emotional, irrational rhetoric, spawned by another convenient shooting incident. We say this because President Trump has himself resorted to using the same language of the antigun zealots, such as “common-sense” gun laws; and “really common-sense sensible, important background checks” as he appears to be considering the proposals coming from U.S. Presidential Democratic Party candidates. The New York Times details all of this in its typical tabloid fashion, using colorful adjectives and inapt language, like, ‘gruesome,’ and ‘ massacre,’ and ‘assault weapon,’ and ‘powerful gun rights lobbying group’—which emphasizes the NY Times own personal distaste for guns generally; its abhorrence of civilian ownership of guns particularly; and its hatred of the NRA, singularly and emphatically. The article, appearing in the national news section of the paper, reads more like an Op-Ed piece than a news story. But, then, from the content of New York “news” reporting today it is clear that no efficacious distinction exists any longer between the reporting of news and opining about it. The use of Section Headings in the newspaper are superfluous, and need no longer exist, but the paper keeps up the pretense, obviously to confuse its readers into believing that what they take for fact is merely personal value judgment, and what they take for personal value judgment is fact and, as between the two, the way the world is and a normative account of the way the world ought to be is, ultimately, the same; that there is no appreciable difference--as fact and value judgment are one and the same so, that, as what is reported as news and expounded upon in the same news story is, in fact, all news, an exposition of and on reality, on the way things are. And, so the seditious Press tries to make its case against guns and civilian gun ownership, as it always, does as the following purported story illustrates. The NY Times “reports/opines”:“The deadly shooting spree in West Texas this weekend — the latest in an especially gruesome summer of massacres — has intensified pressure on congressional Republicans to take up gun safety legislation, giving fresh urgency to a debate that was already expected to be at the top of lawmakers’ agenda when they return to the Capitol next week.The attack in Midland and Odessa, Tex., which left seven dead and 22 wounded, comes weeks after a 24-year-old gunman with an assault weapon killed nine people in Dayton, Ohio, in early August. That massacre, hours after one that killed 22 people at a Walmart in El Paso, thrust gun violence into the Washington debate just as Congress left town for its annual August recess.President Trump expressed new openness to gun safety laws — including, he said then, “really common-sense sensible, important background checks” for gun buyers — and Senator Mitch McConnell, the Republican leader, promised a Senate debate. But in the weeks since, with lawmakers scattered across the country in their home districts, the issue seemed to drift from public view.Now it has come roaring back, with Congress set to return on Sept. 9. At a briefing about Hurricane Dorian at Federal Emergency Management Agency headquarters on Sunday, Mr. Trump, who has a record of flip-flopping on gun safety, pledged to find a way to “substantially reduce” mass shootings. But he earlier appeared to dismiss background checks, telling reporters that “they would not have stopped any of it.”Behind the scenes, in the wake of the El Paso and Dayton shootings, White House officials have been quietly engaged in bipartisan talks with senators who support expanding background checks and so-called red flag laws. The laws make it easier for law enforcement to take guns from people deemed dangerous by a judge who issues a special type of order, called an “extreme risk protection order.”Senator Richard Blumenthal of Connecticut, said in an interview on Sunday that the two sides still seemed far apart. Mr. Blumenthal said much would depend on whether the president, who has been consulting with the National Rifle Association, was willing to stand up to the powerful gun rights lobbying group.‘I think there is a sense that the American people just desperately want something to be done, and they have to respond to that imperative,’ he said, ‘but are so far nowhere near crossing the Rubicon to stand up to the gun lobby and the N.R.A. as far as I can tell.’”________________________________________Thank you, New York Times, for working diligently and tirelessly on behalf of the Marxist/Socialist new world order. Profuse thanks for once again misleading the American people, spinning elaborate fairy tales about the horrors of guns and “gun violence,” and about that evil, “powerful gun rights lobbying group.” And what is this all for?” We know the answer; you don’t have tell us. You have written a collection of Grimm’s fairy tales—grim indeed—dedicated to the cause of bringing the United States into line that it may be included in the serried ranks of the EU. To accomplish that, you are doing your part to first achieve the penultimate goal.  So, kudos to you. And, what is that penultimate goal? It is to deny to the American people the ability to exercise their fundamental right to keep and bear arms; of course it is!And, what is the ultimate goal of the Marxist/Socialist new world order? You don’t have to tell us because we know the answer to that question too. Once the American citizenry is effectively disarmed, the Marxist/Socialist dystopian dream—the dismantling of a free, Constitutional Republic—can proceed, unimpeded by a disaffected, unruly and restless, and rebellious American citizenry. Whatever is then left of our Nation can then be thrust into the framework of a new transnational political, social, economic, and cultural system of governance. Quite an accomplishment, that!But, you might want to ask the founders of our Nation, those who risked their lives and well-being to realize their vision of a free sovereign people, living in a free Land, what they happen to think of your new world order you have planned for a new generation of Americans, existing subjugated and subservient to foreign taskmasters. We suspect they would be less than delighted; less than thrilled with the transformation of our Nation into a despotic wasteland. And, we suspect they would be less than overawed at seeing our Nation and the American people controlled with rein, and bridle, and whip by foreign overlords, riding roughshod over them.___________________________________________________________

PRESIDENT TRUMP AND CONGRESSIONAL REPUBLICANS MUST NOT BE PUSHED INTO COMPROMISING THE SECOND AMENDMENT

PART SIX

“A general dissolution of principles and manners will more surely overthrow the liberties of America than the whole force of the common enemy. While the people are virtuous they cannot be subdued; but when once they lose their virtue then will be ready to surrender their liberties to the first external or internal invader.”~ Samuel Adams, American Statesman, political philosopher, and one of the founding fathers; from his letter to James Warren, February 12, 1779“Are we at last brought to such humiliating and debasing degradation that we cannot be trusted with arms for our defense? Where is the difference between having our arms in possession and under our direction, and having them under the management of Congress? If our defense be the real object of having those arms, in whose hands can they be trusted with more propriety, or equal safety to us, as in our own hands?” ~Patrick Henry, American Attorney and a Founding Father; and famous Antifederalist; quotation from “Debates in the Several State Conventions on the Adoption of the Federal Constitution” Note: the Antifederalists demanded that Man’s natural rights be codified in a Bill of Rights and that the Bill of Rights be formally incorporated into the U.S. Constitution. The Federalists thought that a formal codification of natural rights, since preexistent in Man (both Federalists and Antifederalists took as self-evident the veracity of certain rights bestowed on man by the Divine Creator) was unnecessary, as the powers of a Federal Government were to be limited; all other rights and powers retained by the States and the people. The Antifederalists feared that Government would not be held properly in check unless those serving in Government were constantly reminded of the fact that the citizenry would be armed. The Second Amendment of the Bill of Rights serves as that reminder—a painful thorn in the side of the Radical Left elements today that are forced to deal with it. Circumstances of the present day aptly demonstrate the Antifederalists concern to be acutely and eerily prescient. Fortunately for us, the Antifederalists won the day, and the Constitution was ratified with a set of the quintessential natural rights etched in stone, an integral part and the most critical part of the U.S. Constitution.“This may be considered as the true palladium of liberty. . . . The right of self-defense is the first law of nature: in most governments it has been the study of rulers to confine this right within the narrowest limits possible. Wherever standing armies are kept up, and the right of the people to keep and bear arms is, under any color or pretext whatsoever, prohibited, liberty, if not already annihilated, is on the brink of destruction.” ~St. George Tucker, Blackstone's Commentaries on the Laws of England, 1803The Democratic Party Leadership, Chuck Schumer and Nancy Pelosi, say they are willing to work with President Trump, as reported by The New York Times. Isn’t that nice! We would advise the President and Congressional Republicans to be extremely wary of the overture coming from those two.In the article published in The New York Times on September 16, 2019, titled, “Schumer and Pelosi, Talking to Trump, Try to Sweeten the deal.” The Times reports that,“The top two Democrats in Congress, seeking to ramp up pressure on Republicans to pass legislation extending background checks to all gun buyers, told President Trump on Sunday that they would join him at the White House for a “historic signing ceremony at the Rose Garden” if he agreed to the measure.The offer, made by Speaker Nancy Pelosi and Senator Chuck Schumer of New York, the Democratic leader, during an 11-minute phone conversation with Mr. Trump, comes as the president is considering a package of measures to respond to the mass shootings that have terrorized the nation in recent months. The three spoke only about gun legislation, according to aides.Judd Deere, a White House spokesman, said in a statement that the conversation was cordial but that Mr. Trump “made no commitments” on a House-passed background checks bill that Ms. Pelosi and Mr. Schumer are urging him to support.Mr. Trump “instead indicated his interest in working to find a bipartisan legislative solution on appropriate responses to the issue of mass gun violence,” Mr. Deere said.Ms. Pelosi and Mr. Schumer want Senator Mitch McConnell of Kentucky, the Republican leader, to take up the bill, but the senator has refused to do so without knowing whether the president would sign it. ‘This morning, we made it clear to the president that any proposal he endorses that does not include the House-passed universal background checks legislation will not get the job done, as dangerous loopholes will still exist and people who shouldn’t have guns will still have access,’ their statement said, adding, ‘We know that to save as many lives as possible, the Senate must pass this bill and the president must sign it.’Their pressure continued a campaign on an issue that has dominated the political debate in Washington and on the Democratic presidential campaign trail since a string of mass shootings over the summer.A White House official, speaking anonymously to discuss internal deliberations, said on Sunday that the president had instructed his advisers to continue to work to find a range of policies that would go after illegal gun sales while protecting the Second Amendment, and expand the role of mental health professionals.”The President needs to be very, very careful suggesting to Schumer and Pelosi that he is conducive to entertaining a gun measure that, on its face, may seem narrowly tailored to constraining the criminal or dangerous lunatic but that can, and most likely would, operate as a backdoor to restricting exercise of the right embodied in the Second Amendment, for the population at large. He may find himself entangled in their antigun mythos. And, if so, he will find it exceedingly difficult to extricate himself from it. Clearly, Left-wing extremists, of which Schumer and Pelosi must be counted among them are desirous of controlling the law-abiding gun owners’ exercise of their Second Amendment right even as they claim only to be concerned with, or suggest that they are only concerned with reducing “gun” violence. But we are talking here of a population consisting of the criminal sociopathic element or dangerous psychotic element of society. Or are we? The Democrats aren’t really saying, and we’ve seen where all of this is headed, before. We know how this plays out; as it always plays out. The Democratic Party Leadership, along with more and more radical Leftist members of the Party, all of whom are taking their cue from members of radical Left-wing Socialist and Communist groups active in this Country, lurking in the shadows, ingratiating themselves with radical Congressional Democrats, have an agenda with items to tick off. One of the items, a key item, is to whittle away at the Second Amendment. An armed citizenry is an abomination for the Radical Left and New Progressive Left Democrats and for those operating closely with them, orchestrating policy. As they all abhor the Second Amendment, and they are fearful of an armed citizenry, these Radical Left and New Progressive Left Democrats will use every opportunity they can to constrain law-abiding citizens from exercising their God-given right to keep and bear arms. If they succeed, tyranny looms._____________________________________________________________

HOW PRESIDENT TRUMP AND CONGRESSIONAL REPUBLICANS SHOULD DEAL WITH DEMOCRATS WHO DEMAND MORE GUN CONTROL

PART SEVEN

“Ladies and gentlemen, attention, please! Come in close where everyone can see! I got a tale to tell, it isn’t gonna cost a dime! (And if you believe that, we’re gonna get along just fine.)” ~ Stephen King, American author of horror, fantasy, and the supernatural; first quotation from his novel, “Needful Things,” published 1991“There were people who lied for gain, people who lied from pain, people who lied simply because the concept of telling the truth was utterly alien to them . . . and then there were people who lied because they were waiting for it to be time to tell the truth.” ~Stephen King, second quotation from his novel, “Needful Things,” published 1991

PRESIDENT TRUMP AND CONGRESSIONAL DEMOCRATS MUST NOT BE PUSHED INTO NEGOTIATING WITH DEMOCRATS ON TERMS THAT DEMOCRATS CREATE.

THE PRESIDENT AND CONGRESSIONAL REPUBLICANS MUST CONTROL THE NARRATIVE; TAKE A STRONG STAND AGAINST PERPETRATORS OF VIOLENCE; AND STRENGTHEN THE SECOND AMENDMENT

If Government seriously wishes to deal with violence in society, we have an answer for the President and for Congressional Republicans. To begin, the President, along with House and Senate Republicans, should keep uppermost in mind that the issue that they are confronted with involves “societal violence,” not “gun violence.” For, construing societal violence as gun violence tends to create the illusion that societal violence equates with and reduces merely to a consideration of the existence of guns in society. Get rid of guns, so these Democrats will tell the American public and the problem of violence in society will take care of itself. But, that notion is simply false, and somehow suggests that Congress need not concern itself with the motives of a psychopath or dangerous psychotic in committing a violent act, but only with the implement a person prone to violence might happen to use to harm an innocent human being. And, on that score the concern is not with just any implement—a knife, a bomb, a truck, a hammer, a rope, an axe, one’s own hands, or anything else an evil or sick person bent on doing harm to an innocent person might conceive of using and then put to use—but with a very specific implement that the psychopathic criminal or dangerous psychotic lunatic might happen to use to commit a horrific act of violence: namely a firearm. That, of course, is ridiculous. Yet, reducing the issue of societal violence to gun violence compels one, say a medical researcher or legislator, to focus on the implement of violence rather than on environmental factors at work, along with the genetic markers, that predispose a person to engage in violence in first place. Indeed, the very fact medical researchers working for the CDC would waste research dollars focusing on “gun violence” is, in itself, singularly bizarre, as it compels fascination in the implement of violence a psychopath or dangerous psychotic might happen to employ in wreaking havoc, rather than on the state of mind of the psychopathic killer and of the dangerous psychotic that predisposes that person to commit an act of horrific violence in the first place. Yet, this is precisely what the Radical Left focuses on and what it would have the CDC spend time and money on. This is wasted effort directing medical researchers and legislators to chase after ghosts, and bugbears, and bugaboos. But, that is their intent, predicated on a false premise: that guns somehow predispose a person, any person, to commit horrific acts of violence. For, if true—and for those who have a phobia of or personal abhorrence toward guns, they would presume truth where none exists—the conclusion they seek, which is embedded in the premise, is preordained: the citizenry must be divested of its firearms.So it is that Radical Left Congressional Legislators constantly rant and rave over the scourge of “gun violence,” rather than on the real scourge in this Nation: “societal violence.” In so doing, these reprobates in Congress castigate the gun as if the inanimate object were the perpetrator of the violence, rather than the sentient being who happened to use the gun to harm innocent people. It is all a lie. A tale that Radical Left Congressional Legislators weave. These radical Leftists focus their attention on guns as the means to drive the debate and to drive passage of legislation directed to curbing gun ownership among tens of millions of average, responsible, rational, law-abiding, notwithstanding that it is these American patriots who own and possess firearms who can best thwart societal violence. By keeping public attention focused essentially on guns, rather than on the psychopathic or psychotic human agent who misuses guns, Congressional Democrats make clear their desire to enact laws targeting guns themselves and, by extension, targeting the vast majority of those who own and possess guns: the average, law-abiding, responsible, rational gun owner. The argument oft made by Democrats, either tacitly or expressly, is that gun violence is a function of the sheer number of guns that exists in the Nation and that since the vast number of guns are owned by law-abiding Americans, and not by the criminal or the occasional lunatic who goes off half-cocked, it is necessary to attack the volume of guns outstanding and that means attacking the millions of law-abiding citizens who own and possess them. But, one could more sensibly argue that, since the law-abiding gun owner does not commit the crimes that take place, it is illogical to conclude that the volume of guns outstanding is a legitimate factor in accounting for violence that ensues as a result of misuse of firearms as it is the relatively small population of criminals and psychotic lunatics who misuse firearms. So, it is those individuals who should be the focus of attention; not “the gun” nor the law-abiding, rational, responsible gun owner. After all, guns are not sentient beings. Guns don’t commit violence in the absence of a human agent.Radical Left anti-Second Amendment members of Congress, aided by a sympathetic Press, drumming nonsense about guns, fanning the flames of anger toward guns and irrational fear about them, are trying to draw you into the narrative about guns they have constructed. The President and Congressional Republicans must not for this. For the narrative constructed is a fairy tale, the purpose of which is to destroy the Second Amendment. The President and Congressional Republicans must not lose sight of this fact for a moment.The real issue that Congress needs to confront is how to deal with the perpetrators of violence. The mechanism that perpetrators may happen to use to commit violence—in some instances but not in all instances, and, in fact, not in most instances—the gun, does not address the underlying cause or causes of that societal violence, nor does it serve to deal with the perpetrators of it. So, it is a fruitless endeavor to go after “guns.” Guns are not the key to dealing with violence. The key to dealing with violence is to attend to the perpetrator of it and what drives that person to commit violence at all. Once you focus your attention on the right issue, you won’t be led astray into the Leftist narrative and you won’t be drawn into a morass, proposing solutions that don’t work and, quite frankly, are not meant to work to lessen violence in society. The anti-Second Amendment members of Congress only mean to lead Congressional Republicans astray. They intend to  encourage Republicans to enact laws that serve the Radical and New Progressive Left’s own policy agenda, as dictated to them by American Socialists and Communists. What they all want to do is continually weaken the Second Amendment, until the right of the people to keep and bear arms is essentially nugatory, amounting to the disarming the tens of millions of average, law-abiding, responsible, sane Americans; utilizing the lowest common denominator in society, the psychopathic killer, the common criminal, and the dangerous psychotic lunatic to attain that singular objective. It should be manifestly clear to Congressional Republicans that the matter Congress should be addressing is how to minimize acts of violence in society and how to minimize such acts by those who seek to do violence, and that you should not be focusing attention on the mere tool that some of these dangerous elements in society use to effectuate that violence. The President and Congressional Republicans must make clear to radical Left-wing Democrats that the nature of the issue to be addressed is how to best deal with the dangerous criminal element in society and how best to deal with the dangerous psychotic element in society. These are the issues to be addressed; and these issues have nothing whatsoever to do with the issues that the radical Left-wing Democrats seek to direct Congressional attention to, if only obliquely: disarming the law-abiding citizen, and oppressing the law-abiding citizen who seeks to exercise his natural right to keep and bear arms. If the President and Congressional Republicans allow Democrats to frame the issues and, thus, frame the debate, the result attained will do nothing to curb violence in society and will do everything to leave the average, law-abiding, responsible, rational American citizen defenseless, and, at once, invite tyranny. But, the most disturbing thing of all is that the President and Congressional Republicans will have had a hand in all of this, unaware that they have been manipulated and played for dupes all along.

THE PRESIDENT AND CONGRESSIONAL REPUBLICANS MUST CONTROL THE "GUN" NARRATIVE; TAKE A STRONG STAND AGAINST PERPETRATORS OF VIOLENCE AND NOT AGAINST GUNS; AND STRENGTHEN THE SECOND AMENDMENT

The real issue to be confronted is how to deal with the perpetrators of violence. The mechanism that perpetrators may happen to use to commit violence, in some instances but not in all instances, and, in fact, not in most instances, i.e., the gun, does not address the underlying cause or causes of that societal violence, nor does it serve to deal with the perpetrators of it. So, it is a fruitless endeavor to go after “guns.” Guns are not the key to dealing with violence. The key to dealing with violence is to attend to the perpetrator of it and what drives that person to commit violence at all. Once the President and Congressional Republicans mist focus their attention on the right issue, to avoid being led astray into the Leftist narrative. Otherwise they will be drawn into a morass, playing the Democrats’ game, proposing solutions that don’t work and, quite frankly, are not meant to work to lessen violence in society. The anti-Second Amendment members of Congress only mean to lead the President and Congressional Republicans astray. They intend to encourage the President and Republicans to enact laws that serve the Radical Left and New Progressive Left’s own policy agenda: weakening the Second Amendment, disarming the tens of millions of average, sane Americans; utilizing the lowest common denominator in society, the psychopathic killer, the common criminal, and the dangerous psychotic lunatic to attain that singular objective. The President and Congressional Republicans must make clear to radical Left-wing Democrats the issues to be addressed and not allow radical Left-wing Democrats to compel them to address issues they wish for the Trump Administration and for Republicans to address. For the goal of Democrats is not the President’s goal or that of Republicans. The Democratic Party leadership and other Radical Left Democrats have only one goal in mind, even if they talk only obliquely about it: eventual total citizen disarmament.________________________________________

DEMOCRATS TREAT GUNS AS SENTIENT BEINGS AND THAT LIE INFORMS THEIR ACTIONS

PART EIGHT

“The rifle itself has no moral stature, since it has no will of its own. Naturally, it may be used by evil men for evil purposes, but there are more good men than evil, and while the latter cannot be persuaded to the path of righteousness by propaganda, they can certainly be corrected by good men with rifles.” ~Jeff Cooper, U.S. Marine, firearms instructor, and author of, “The Art of the Rifle”Guns are not sentient beings. They are no more the perpetrator of violence than a knife, bomb, or motor vehicle is the perpetrator of violence. The issue that Democrats want the Trump Administration and Congressional Republicans to deal with does not and never did have anything to do with guns, regardless of what those radical Left Democrats have said. They are setting a trap for President Trump and for Republicans if they even begin to think about negotiating with them over new restrictive gun laws. The salient goal of the Democrat Party leadership and of other Radical Left Democrats is to weaken the Second Amendment, not to preserve and strengthen it; and that salient goal has nothing to do with curbing gun violence, or curbing, for that matter, any violence. A Funny thing about that, though: one would think that all members of Congress would be doing their damnedest to preserve and strengthen the Bill of Rights—all ten of them. But, not all of them do. The Radical Left politicians seek to constrain and weaken the Bill of Rights. They seek to weaken the freedom of speech clause of the First Amendment. They seek to constrain and weaken the unreasonable searches and seizures clause of the Fourth Amendment. They seek to weaken the due process, equal protection, and just compensation clauses of the Fifth Amendment. And, they seek to disembowel the Second Amendment. And, when the Bill of Rights is gutted, our Free Republic will fall. But, placing that hard fact aside, we must ask: What really motivates Radical Left and New Progressive Left Democrats? Do they really seek to promote public safety and public order? Hardly! But, assuming for sake of argument that these Democrats do have public safety and public order in mind as the impetus propelling them to attack the Bill of Rights and, especially, to viciously attack the Second Amendment. At what cost are public safety and public order thereby secured? We know the answer to these question. There’s no reason to guess. The citizenry must forego exercise of the sacred right to keep and bear arms codified in the Second Amendment of the Bill of Rights. But, then, shall Americans truly forsake their fundamental, natural, immutable, and unalienable rights for purported public safety and public order that Democrats promise to give them in return for the sacrifice of those sacred, inviolate rights and liberties—sacred, inviolate rights and liberties that the founders of our Republic and framers of our Constitution had fought and bled for and gave their life to secure for Americans, thereafter and ever after, and that good, decent, patriotic Americans have since fought and bled for and gave their life to secure for each and every American? If the citizenry does forsake its God-given rights, then the citizenry forsakes the very mechanism by which and through which it holds a capacious and rapacious Government in check. This isn’t bare and base conjecture. This is hard fact. And, this is principal reason why the Second Amendment must always be robustly defended.President Trump and Congressional Republicans must not fall into the Democrats’ snare. For, Democrats view the issue of violence solely from the standpoint of a need to take guns away from citizens as they abhor guns and they abhor civilian gun ownership. And that fact has become more in evidence in recent weeks and months. Democrats don’t even pretend any longer to preface their remarks, as they once did, with the phrase: “of course we respect the Second Amendment.” Obviously, they don’t; and they never did. And, they have since doffed the mask to convey the illusion that they did care in preserving the Second Amendment. The Trump Administration and Congressional Republicans must not go down the path that Democrats are leading them. It’s a no-win situation for them if they do; it's a no-win situation for the Nation; it's a no-win situation for the people of our Nation; and it's a no-win situation for our Constitution.

CONGRESSIONAL REPUBLICANS MUST GET BACK ON TRACK IF THEY ARE TO REIN IN DEMOCRAT PARTY LEADERSHIP AND OTHER RADICAL CONGRESSIONAL DEMOCRATS

President Trump and Congressional Republicans must give no thought to the nonsense spouted by the Radical Left about the need for more restrictive, draconian gun laws: laws needlessly, mindlessly expanding background checks, and Congressional Republicans must give no thought to enacting unconstitutional national ‘red-flag’ laws, and laws that have, as their salient purpose, the removal of firearms—semiautomatic firearms, pejoratively and erroneously referred to as ‘assault weapons’ and ‘weapons of war’—that the anti-Second Amendment Left-wing extremists in Congress seek to confiscate from tens of millions of average, sane, responsible, law-abiding citizens. None of these restrictive gun proposals will work to protect innocent Americans. None of these proposals would ever work. And, here’s the kicker: none of these proposals was ever expected or truly intended to work! They are simply designed to whittle away the basic right, that is fundamental to the safeguarding of our Free, Constitutional Republic, and that is fundamental to what it means to be an American citizen. If President Trump and Congressional Republicans think that any one or more of these anti-Second Amendment gun measures would work to curb societal violence, and if they would even think of jumping on the bandwagon just to “play it safe,” politically, that would be one sure way to destroy their political futures. To play the game the radical Left Democrats want the President and Republicans to play means only that they have allowed yourselves to play into the hands of those forces in our Nation who seek nothing less than to destroy the very foundation of our Nation. They seek not to preserve the Nation, nor to preserve the life, safety, and well-being of Americans who reside in the Nation.

THE SUREST WAY TO DESTROY OUR FREE REPUBLIC IS TO UNDERMINE THE IMPORT AND PURPORT OF THE SECOND AMENDMENT

If someone wanted to destroy our Nation, the surest way to do so would be to undermine the Second Amendment. That, in fact, is what extremists in this Nation, seek to do; to reshape our Nation into something completely at odds with the vision of a free Republic that our founders sought to create and to preserve. Don’t Republicans see that? Can’t they see that? The founders of our Nation, the framers of our Constitution saw the possibility that the foundation of our Nation could be threatened as much by dangerous, rabid forces within the Country, as well from threats arising outside the Country They knew this to be true. That is why they placed the Second Amendment in the Bill of Rights of our Nation’s Constitution, creating a citizen army. And, contrary to what some may Americans may believe, including some jurists, most prominently, the U.S. Supreme Court Justice, Ruth Bader Ginsburg, and Retired Supreme Court Justice John Paul Stevens, the Second Amendment, along with other rights, comprising our Bill of Rights, are fundamental, unalienable, immutable rights—rights that exist intrinsically in man, and, as such, they are rights that predate the creation of our Nation as a free Republic. The Second Amendment is as important today as it was at the time of the ratification of our Constitution. Indeed, the Second Amendment may be more important today. For, the Democrats, controlled now by the New Progressive Left and other radical Left elements within the Party seek to transform our society beyond anything the founders of our Nation could imagine or foresee, except, perhaps, in their worst nightmares. They would be absolutely appalled to envision our Nation moving in the direction the leading Democratic Party candidates for U.S. President seek to drive our Nation toward: a Marxist/Socialist nightmare, if any one of them were actually elected to that high Officee.____________________________________________________

THE PRESIDENT AND CONGRESSIONAL REPUBLICANS  MUST CONTROL THE NARRATIVE ON GUN ISSUES, AND THAT MEANS STRENGTHENING THE SECOND AMENDMENT AND DIRECTING ATTENTION ON THE PERPETRATORS OF VIOLENCE, NOT ON LAW-ABIDING AMERICANS WHO SEEK MERELY TO EXERCISE THEIR GOD-GIVEN RIGHT TO KEEP AND BEAR ARMS

PART NINE

LEFT-WING EXTREMISTS HAVE HIJACKED THE DEMOCRAT PARTY

“We can and must write in a language which sows among the masses hate, revulsion, and scorn toward those who disagree with us.” ~ First Quotation, Vladimir Lenin, Russian Revolutionary, Head of Soviet Russia from 1917 through 1924“The goal of socialism is communism.” ~ Second Quotation, Vladimir LeninUnfortunately for us, Left-wing extremists, Marxists, Socialists, and Communists have hijacked the Democrat Party. They did this so that they could use the Party—a well ensconced institution of Government—to their advantage; to work through their own agenda: an agenda antithetical to the best interests of our Nation as a free Republic and antithetical to preservation of our Constitution; antithetical to the best interests of the American citizenry; and antithetical to our rich cultural and historical heritage. They seek to subvert this Nation. They seek to transform our Nation into a Marxist/Socialist Dictatorship, and thence, to an out-and-out Communist State. But President Trump, Congressional Republicans, and the Americans citizenry know this or ought to know this. Left-wing extremists are unapologetic in their aims. They are inveterate liars and ruthless to the core. Given these facts, why would the President and Congressional Republicans even consider negotiating with these reprobates at all, as these extremists seek, as the first item on their agenda to enact more restrictive gun laws that do nothing to protect the citizenry but leave the American citizenry defenseless—prey to the lowest common denominator in society, the criminal, psychopathic and sociopathic elements and to dangerous psychotic elements; and susceptible to an overreaching, overarching, overbearing Government that is capable of harassing, subjugating, and controlling the unarmed American citizenry?‘These Left-wing extremists seek to disarm the American citizenry, making the citizenry decidedly and decisively less safe. Criminals and dangerous lunatics would have open season on the innocent human beings in our Nation; and the New Progressive Left and other radical Left-wing elements in Government would have open season on the Constitution; ripping it from its moor; thrusting the Nation into chaos; enabling radical elements in our Nation to exploit the chaos to institute revolution—a revolution that is not designed to create a stronger Nation, nor to preserve the autonomy and individuality of each American citizen in it, but to twist and contort the fundamental underpinnings of our Nation into something abhorrent and horrific, something completely antithetical to what the framers of our Constitution, envisioned, proposed, and successfully implemented—a Dystopian vision of our future, completely at odds with the vision of that of the framers of our Constitution, the founders of a free Constitutional Republic..The American people tolerate much and can forgive much. But, Americans are very attuned to duplicity, mendacity, hypocrisy, and outright stupidity. Neither the President nor Congressional Republicans will save their jobs by failing to stand up for the Nation, for the American people, and for our Constitution against the Leftist extremists who seek to destroy it all.To behave like the New Progressive Left and other Left-wing radicals in the Democrat Party will, in the eyes of Americans, would only serve to make the President and Congressional Republicans, one of them. The President and Congressional Republicans will be be dead wrong if they think they can play both sides against the middle.___________________________________________________________________

HOW PRESIDENT TRUMP AND CONGRESSIONAL REPUBLICANS SHOULD DEAL WITH DEMOCRATS WHO DEMAND MORE GUN CONTROL

PART NINE

NINE POINTS  TO PONDERFirst, understand that the Radical Left Democrats focus their attention on guns as the means to drive the debate and to drive passage of legislation directed to curbing gun ownership among tens of millions of average, responsible, rational, law-abiding, when it is these American patriots who own and possess firearms who can best thwart societal violence. Radical Left anti-Second Amendment members of Congress, aided by a sympathetic Press, drumming nonsense about guns, fanning the flames of anger toward guns and irrational fear about them, are trying to draw you into the narrative about guns they have constructed. Don’t fall for it. For the narrative constructed is a fairy tale, the purpose of which is to destroy the Second Amendment. Don’t lose sight of that fact for a moment. Second, so, then what is the real issue? The real issue you need to confront is how to deal with the perpetrators of violence. The mechanism that perpetrators may happen to use to commit violence—in some instances but not in all instances, and, in fact, not in most instances—the gun, does not address the underlying cause or causes of that societal violence, nor does it serve to deal with the perpetrators of it. So, it is a fruitless endeavor to go after “guns.” Guns are not the key to dealing with violence. The key to dealing with violence is to attend to the perpetrator of it and what drives that person to commit violence at all. Once you focus your attention on the right issue, you won’t be led astray into the Leftist narrative and you won’t be drawn into a morass, proposing solutions that don’t work and, quite frankly, are not meant to work to lessen violence in society. The anti-Second Amendment members of Congress only mean to lead you astray. Don't let them, for they intend to encourage you to enact laws that serve the Radical and New Progressive Left’s own policy agenda: weakening the Second Amendment, disarming the tens of millions of average, sane Americans; utilizing the lowest common denominator in society, the psychopathic killer, the common criminal, and the dangerous psychotic lunatic to attain that singular objective. It should be manifestly clear to you that the matter Congress should be addressing is how to minimize acts of violence in society and how to minimize such acts by those who seek to do violence, and that you should not be focusing attention on the mere tool that some of these dangerous elements in society use to effectuate that violence. You should make clear to radical Left-wing Democrats the issues that you wish to address, and not allow radical Left-wing Democrats to compel you to address issues they wish for you to address, that they may attain their goal: eventual citizen disarmament.Third, so, then, make clear to all Congressional Democrats that you want to address societal violence. To do that, you must gain control of the narrative. Explain to the Democrat Party Leadership and to other Radical Left Democrats that if they truly wish to curb societal violence, then discussion and debate must be directed to the issue of societal violence and the perpetrators of that violence. The issue before you is not about guns or gun violence. The issue of societal violence never was about guns and gun violence. Redirect discussion in the direction it belongs: on the causes of societal violence and the measures to be taken against those that threaten innocent lives, regardless of the implements they use. You must create the narrative, and make Congressional Democrats follow your lead.Fourth if Democrats continue to scream for more gun restrictions, targeting tens of millions of law-abiding citizens, tell them that those laws that target misuse of firearms should be vigorously enforced. The Nation does not need more restrictive gun laws, targeting the average, law-abiding, responsible, rational gun owner, when the laws already enacted are not enforced against perpetrators of violence: the common criminal, the psychopathic gang member, and the dangerous lunatic.Fifth, if Democrats insist on enacting restrictive gun laws infringing the Second Amendment, then force these antigun elements in the Democrat Party to explain how further gun restrictions, targeting tens of millions of average, law-abiding, rational, responsible gun owners will curb or curtail societal violence. These radical Left Democrats can’t, of course, offer a sound logical explanation because their goal is to disarm the civilian population. That was always their goal. A rash of “mass” shootings is, for these Democrats, simply a pretext to accomplish that end. But, they will never admit that. So, hit these Democrats with the truth. Tell them that their attack on firearms is and always was a fairy tale concocted by public relations firms at the direction of the extremist Left-wing elements who seek to wrest Government control from the hands of the citizenry, where power truly belongs, and that you will not assist them in delivering that power to those who seek to bring to fruition a new vision of our Country, a vision inconsistent with that of our founders. Tell these Democrats that you will not assist them in tearing down the U.S. Constitution. Sixth, tell these Democrats that you are well aware that their gun policies are not designed to safeguard of our Nation; tell them that enactment into law of the gun policies they seek won’t preserve our Nation, that the gun proposed gun policies they seek to enact into law would only endanger the very foundation of the Nation. Tell these Democrats that you are sick and tired of hearing the same “song” over and over again. Tell them that you have heard well enough from these anti-Second Amendment elements in the Democrat Party, in the seditious Press, and in the Nation at large, once again and ever again, as bring out of the attic the same old tired firearms proposals—and occasionally, as with “Red Flag” laws, concoct new ones—and that all of these proposals are designed for one purpose and one purpose only: to weaken and ultimately to destroy the Second Amendment in order to undercut the entire Constitution, the very foundation and framework of our free Republic, and a free, autonomous citizenry. Tell them you will not tolerate the constant unconstitutional and unconscionable battering of the Second Amendment to the U.S. Constitution.Seventh, make plain to the reprobates in the Democratic Party that the best way to protect innocent lives is by enforcing those numerous laws against criminals and the criminally insane that we already have on the books, and make clear that Congress must aggressively enforce those laws before considering adding more restrictive gun laws into the mix. Ask those who seek to disarm the citizenry to explain why they think we need more restrictive gun laws, targeting the average, law-abiding, rational American citizen, anyway. Make these reprobates produce sound evidence to support their position. Eighth, force Democrats to acknowledge that they are simply exploiting tragic incidents to bring their ultimate goal into fruition: de facto repeal of the Second Amendment. Force them to acknowledge that what it is they really seek, what it is they really want is not “gun control” but “citizen/population control” and what they truly seek to control is not the common criminal or the occasional lunatic, but the average, law-abiding citizen. Force these New Progressive Left and radical Left-wing Democrats to acknowledge that they see an armed citizenry as the real threat to the kind of Country they envision, and that the kind of Country they want to erect is abhorrent to the Nation the founders sought to give Americans and which they did give to Americans: a free Republic.Nine, tell Democrats that the gun policies they seek to enact into law, including, inter alia, unnecessary gun background checks and extended gun transfer waiting periods, bans on semiautomatic firearms, ‘red flag’ laws, and universal gun confiscation measures disguised as voluntary ‘gun buybacks,’ are inconsistent with the present framework of our Nation, and that, if Democrats are unhappy with that framework and seek to dismantle it in order to create another one to their liking, then you are not interested in talking with them; that the gun measures they seek to implement are beyond the pale, and that you are at an impasse.__________________________________________

IF GUN MEASURES ARE WHAT DEMOCRATS WANT, THEN CONGRESSIONAL REPUBLICANS SHOULD GIVE THEM ONE AND IT IS ONE REPUBLICANS HAVE PROMULGATED BEFORE

PART NINE

“While the people have property, arms in their hands, and only a spark of a noble spirit, the most corrupt congress must be mad to form any project of tyranny. ~Reverend Nicholas Collin, writing under the pseudonym,” ‘Foreign Spectator,’ taken from an article he penned, appearing in a newspaper, the Pennsylvania Gazette,  November 7, 1788“The right of the citizens to keep and bear arms has justly been considered, as the palladium of the liberties of a republic; since it offers a strong moral check against the usurpation and arbitrary power of rulers; and will generally, even if these are successful in the first instance, enable the people to resist and triumph over them.” ~Joseph Story, early Jurist who served on the U.S. Supreme Court in the 19th Century; quotation from Story’s “Commentaries on the Constitution of the United States,” 1833“Foolish liberals who are trying to read the Second Amendment out of the Constitution by claiming it’s not an individual right or that it's too much of a safety hazard don’t see the danger of the big picture. They’re courting disaster by encouraging others to use the same means to eliminate portions of the Constitution they don’t like.” ~Alan Dershowitz, Contemporary American lawyer and academic; Professor Emeritus, Harvard University; and scholar of United States constitutional law and criminal law; well-noted, self-ascribed Civil Libertarian; now apparently loathed by the Left-wing “power elite” for having the audacity to assail the ACLU, and for defending President Trump; often a guest on Fox News; but shunned by the mainstream networks, CNN, MSNBC, et.al.

A GUN MEASURE THAT WOULD WORK TO CURB SOCIETAL VIOLENCE

Democrats have recently proposed a flurry of restrictive gun laws targeting tens of millions of law-abiding, rational, responsible gun owners. Those antigun measures are not carefully constructed to target the criminal and occasional lunatic. The American public knows this. Hopefully, the President and Congressional Republicans know this, too. Such draconian gun measures will not make our Nation safer, and are not designed to make our Nation safer. They are only designed to weaken the Second Amendment. But, if any federal legislation would tend to strengthen, rather than weaken, the Second Amendment, what would that legislation look like? There is such a gun law, and it is one that would enable the average, law-abiding, rational, responsible gun owner to carry a gun for self-defense wherever that person travels in this Nation and in the territories of our Nation. Such a gun law would deal effectively with societal violence. And such Congressional bills had been introduced to realize the goal of reducing societal violence.Perhaps Congressional Republicans need to be reminded that they had a bill once to deal effectively with societal violence. In fact they had several such bills, when they controlled both Houses of Congress when the 115th Congress was in session. These sets of bills involved National Concealed Handgun Carry Reciprocity.* What happened to those bills? One that had actually passed the House, 115 H.R. 38, was allowed to die in Senate Committee. Well, it is high time to resurrect that bill. The best way to deal with Democrats’ concern over so-called “gun violence” is, after all, to enact a bill that deals effectively with all societal violence perpetrated by both the criminal psychopath and the dangerous psychotic lunatic. Looking at the issue of societal violence as “gun violence” in order to deny to the average American citizen the best means available to defend their life and safety, namely through that which a firearm provides, is a blind, nothing more; a media creation, hyped up by Democrats as if it were a real issue. It isn’t. And, media concocted phrases such as ‘assault weapon’ and ‘weapon of war’ are mere pejoratives and erroneous fictions at that. Such firearms are semiautomatic weapons specifically designed for civilian use, for legitimate purposes. Congressional Republicans should tell antigun Left-wing Democrats that Republicans will henceforth refrain from using glib terminology, a fiction, created merely to inflame the public, nothing more. Republicans should not encourage use of fictions that are created merely for their emotional impact and that enable Democrats to control the running narrative against guns and civilian gun ownership in order to promote an agenda designed to weaken the Second Amendment. What Should Congressional Republicans Do?Congressional Republicans should draft a new bill calling for national concealed handgun carry reciprocity. The answer to “gun” violence—an effective answer to any violence, really—is found in firearms in the hands of those who are best equipped to deal with that violence immediately when violence occurs or is threatened, before police officers can respond to it. This means that a firearm in the hands of the average, responsible, rational law-abiding citizen is the best response to a threat of imminent violence. Congress should also enforce laws against perpetrators of violence, and really enforce those laws; not pretend to enforce them. This is absolutely necessary before Congress gets swept up into the maelstrom of enacting any new restrictive “gun” laws that invariably target tens of millions of average, law-abiding, responsible, rational American citizen gun owners.A national concealed handgun carry reciprocity bill will certainly get the attention of Leftist extremists self-righteously exclaiming that it is either “their way or the highway.” Republicans might tell the antigun Radical Leftists to take the highway and leave the Nation alone, in peace, for the tens of millions of Americans who believe our Nation is doing just fine as a free Constitutional Republic, with the Bill of Rights intact. Republicans should tell these radical Leftist Democrats that our Nation’s Constitution does not need more tweaking. It is time for Republicans to control the narrative on guns and on other major issues confronting our Nation, including illegal border crossings and at-will abortion.Republicans can present a reasoned and cogent argument for national handgun carry reciprocity as that law strengthens and preserves the right of the people to keep and bear arms. Sure, the New Progressive Left and other radical Left-wing Democrats will scoff, or laugh, or walk off in a huff, but the fact remains that their attempts to create more and more restrictive gun laws only serves to make a mockery of our Bill of Rights.Did not President Trump make crystal clear in his State of the Union address that this Nation will never become a Socialist State? Did Republicans not notice that most Democrats did not applaud the President when Trump asserted the Nation will never become a Socialist State, but sat sullenly in silence at his remark?Republicans must remain true to the vision that the founders had for this Country, a vision that has allowed our Nation and its people to prosper for over two hundred years; a vision that has made our Nation the most powerful on Earth. Republicans might remind Left-wing Democrats and those who support them that this Nation has succeeded admirably and completely in defeating outside threats; and Republicans should tell these Left-wing Democrats that Americans will succeed in defeating threats emanating from within the Nation as well. President Trump and Congressional Republicans should explain to these reprobates on the other side of the aisle that, despite Left-wing Democrats’ intense distaste for the very existence of the fundamental, indelible, unalienable, immutable right of the people to keep and bear arms as codified in the Bill of Rights of the U.S. Constitution and despite their singular intent and reprehensible desire to destroy the exercise of that primordial, natural right bestowed on man by the Divine Creator, they will not succeed in their efforts to disarm the American citizenry—ever!__________________________________________________________*The Arbalest Quarrel has written extensively about this. See, e.g., the Arbalest Quarrel article on House bill 115 H.R. 38 to enact national concealed handgun carry reciprocity, a bill that passed the House but died in Senate Committee. Of Course, a federal law authorizing what already exists intrinsically in man, i.e., the right of the people to keep and bear arms, as codified in the Second Amendment, should not be necessary, as such law is at best redundant. But, there is another issue of more pressing concern with a federal mandate, or multi-State compact, permitting a law-abiding citizen to carry a handgun concealed throughout the Nation and throughout the Nation’s territories. There is the incipient danger in even countenancing that such Government action is necessary if the right exists implicitly in the American citizenry. For, asserting that Governmental action is necessary to secure the right, in effect, then, undermines, paradoxically, the very nature of the right secured—turning a fundamental right into something less than it is and what it was, as codified, meant to be—transforming it into a statutory right, which is, then, something less a fundamental right, something more akin to a privilege, which is what a Government-made right really is. For, if, truly, Government bestows a right, that can only mean that the right did not exist until Government created it. And, if Government creates a right that it bestows to this person or that person, then Government, as the creator of the right, may also, ipso facto, rescind one’s exercise of it or repeal it outright so that no one can exercise it. Thus, if Congress were to enact national handgun carry reciprocity legislation, there is a real danger in the public tacitly acknowledging that Government has created a right that had not hitherto existed before Congressional enabling legislation that created the right. This undermines the strength of the Second Amendment, essentially subordinating it to mere Statute; subjecting the Second Amendment to constant tinkering: modification, refinement, and loss of import and purport. But, we talk about the need for national handgun carry reciprocity anyway because of the many laws, through the decades that have whittled away at the efficacy of the Second Amendment; and we see this constant disturbing churning away of a God-given right, continuing through the recent flurry of restrictive gun proposals being actively bandied about now—another disheartening round of efforts to undercut the strength of the fundamental, immutable, unalienable right codified in the Second Amendment._________________________________________________________Copyright © 2018 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.

INTRODUCTION TO SERIES ON RADICAL LEFT/PROGRESSIVE DUPLICITY, MENDACITY, AND HYPOCRISY

HOLD YOUR TONGUE AND GIVE UP YOUR GUNS! THE MANTRA OF THE RADICAL LEFT AND PROGRESSIVES

PART TWO

THE RADICAL LEFT SPREADS HATRED AND VIOLENCE, NOT PEACE AND COMMUNITY AS THEY THRUST THEIR VALUE SYSTEM ON EVERYONE ELSE

“He who knows only his own side of the case knows little of that. His reasons may be good, and no one may have been able to refute them. But if he is equally unable to refute the reasons on the opposite side, if he does not so much as know what they are, he has no ground for preferring either opinion. . . . Nor is it enough that he should hear the opinions of adversaries from his own teachers, presented as they state them, and accompanied by what they offer as refutations. He must be able to hear them from persons who actually believe them. . . he must know them in their most plausible and persuasive form.” “If all mankind minus one, were of one opinion, and only one person were of the contrary opinion, mankind would be no more justified in silencing that one person, than he, if he had the power, would be justified in silencing mankind.” ~  John Stuart Mill, Quotations from his work, “On Liberty”

RADICAL LEFTISTS SEEK TO CONTROL THE NARRATIVE AND SILENCE ALL DEBATE

The Democratic Party’s Radical Left contingent and the Radical Left’s sympathizers in the Press and the polity, namely those who espouse the tenets of Collectivism, contend that they ground their policy choices on morality, asserting the point vociferously—believing, erroneously, that spouting vitriol serves better to convince the public than appealing calmly to reason.All the while, these Radical Leftists maintain that Conservatives—those espousing the principles of Individualism as manifested in our Constitution, upon which our free Constitutional Republic is grounded—are a reactionary force, out of touch with “Neo-modernism,” and that the Conservatives' policy positions are decidedly immoral.But, is that true? Which ideological perspective really fosters amity and which one fosters enmity? Contrary to their assertions, it is the ideology of the Radical Left and the Progressives that is decidedly immoral, not the ideology of Conservatives. And, it is the Radical Left and Progressives that foster enmity among the polity, and, through the device of "identity politics," which the Radical Left and Progressives concocted, they demonstrate a desire not to to bring the Nation together, but, rather, to divide it. They seek to create hatred and fear, hoping that, through the divisions they deliberately create and foster, they can eke out a victory for the Democratic Party in the 2020 U.S. Presidential election. And, the Radical Left and Progressives have a very powerful ally in the Press. Since assuming the mantle of the U.S. Presidency, the Press has waged an all-out war against Donald Trump, and those who support him.Instead of reporting the news and informing the public on the important news events of the day, the mainstream media has engaged in a constant, massive disinformation and misinformation campaign in a naked and despicable attempt to destroy the Trump Presidency, attacking the very institution of the Presidency. The mainstream media is actively supporting the Democrats' attempts to transform our Nation into a system that is completely at odds with the tenets of Individualism upon which our Constitution and upon which our free Republic rests. The Radical Left and Progressives that have taken over the Democratic Party adhere to the tenets of Collectivism, upon which the Radical Leftist political, social, and economic systems of Marxism, Socialism, and Communism are grounded. And the Radical Left and Progressives would have the public believe that these political, social, and economic systems--operating through massive Government enterprises, unwieldy, corrupt dictatorial regimes, that persevere only by force of arms, offering nothing for the populace but oppression and misery--are a positive force for good, when the opposite is true. And, these Radical Left systems, Marxism, Socialism, Communism are hardly new inventions. In fact, they are deeply flawed and decidedly and decisively unethical, outmoded political, social, and economic philosophical systems that have failed and have failed miserably in those Nations that have attempted utilization of them,* but which the Radical Left and Progressives, with the assistance of the Press, seek to resurrect from the dead. What they propose for our Country is not subject to criticism and not open to debate. And, that fact, too, is consistent with the Radical Left systems of Marxism, Socialism, and Communism. In part, this is due to the weaknesses of the intellectual underpinnings of those systems. Close scrutiny opens up the weaknesses of the systems to the light of day, and that is not something the proponents of those systems want. And, in part the weaknesses of the Radical Left Collectivist systems of Marxism, Socialism, and Communism, are symptomatic of the psychological makeup and predilections of the proponents of them. As the Radical Left has little regard for people, perceiving them to be random bits of energy that need constant guidance and control, like so much cattle that must be corralled, lest they run rampant and amok, destroying the well-engineered, tightly controlled society the Radical Left envisions for them, the totalitarian State will falter, totter and fall. Thus, the populace cannot be left to their own devices in the society to be erected. That society demands uniformity in thought and conduct. No dissenting comments or criticisms are permitted. It is no wonder, then, that the Radical Left and Progressives in our Nation are pressing forward with their goal of admitting millions of illegal, poorly educated aliens into our midst, as they have, then, the kind of people, they want and the kind of population they need for the sort of society they desire, a society comprising a multitude of mindless serfs who willingly allow themselves to be led so long as the Government provides for their basic physical needs. Such is the Nation they will thrust on all Americans. And the last thing the Radical Left and their Progressive cohorts will abide by is an autonomous, independent-minded, critical thinking citizenry that happens to speak their mind and maintains an arsenal of firearms and ammunition, informing the Radical Left and Progressives who it is that is really in charge, and for whom this Nation truly exists. Not surprisingly, the founders of our Republic, the framers of our Constitution—both Federalists and Antifederalists—rejected the Collectivist ideology and the systems so grounded on that ideology, out-of-hand. as the Collectivist vision of society, top down rule, and strict control over the conduct and thoughts of the populace, was clearly not something they envisioned for our Nation, not something they wanted, and, in fact, it was something they absolutely deplored. Why, then, would anyone, after 200+ years of seeing the founders' vision come to fruition in the culmination of a highly successful powerful and free Nation that the founders of our Republic gave us, wish to reverse that course? Is it because these Radical Leftists and Progressives really believe our Nation is grounded on immorality, or so these Radical Left politicians say and would have the American citizenry believe, in order to make them amenable to the creation of a radically changed society, grounded on the tenets of Collectivism. It may be that some of these politicians do truly believe that our Nation is predicated on unethical, immoral tenets, notwithstanding the fact that most Americans have prospered in our Nation, and all Americans have certainly been given the opportunity to prosper in our Nation if they choose to take advantage of the opportunities the Nation has provided for its citizenry. But, if, nonetheless, these Radical Left and Progressive politicians believe our Nation does not deserve to continue to exist as a free Republic, regardless of its success as a free Republic, founded on the principles of fundamental rights and liberties of man, because, simply, to these politicians, and to their hangers-on, the Nation is perceived as immoral and because they perceive the Nation to be grounded on immorality, then these Radical Left and Progressive politicians have a very  odd notion of morality.The oddity of the Radical Left’s morality is reflected in their policy choices. Grounded on the ethical system of Utilitarian Consequentialism, the Leftist extremist and his cousin, the Progressive, do not look to the motives, the intentions of a person’s actions, when ascertaining whether an act is considered morally good or morally evil, but, rather they look to the consequences of one’s actions—and only to the consequences of one's actions.Thus, for the Radical Left and for Progressives it isn’t the person who is the subject of blame for harm he or she does to another person; not really. Rather, it is the result of a person’s action—the consequences, alone—that is deemed to be morally good or morally evil. Further, Leftists infer that it is the negative consequences that one’s harmful actions have upon society as a whole. rather than the impact of the negative consequences on another individual that is considered the seat of the immoral conduct. Thus, for the Leftist Extremist and Progressive one’s conduct, good or bad, is a function of the effect that a given behavior has on society as whole, irrespective of the impact of the conduct--namely the harm imposed on another or benefit derived--that is deemed important in a determination of what constitutes good, morally correct, conduct and what constitutes evil, immoral conduct. For more on this see the Arbalest Quarrel article, “Guns, Knives, and Occams Dangerous Razor,” posted on June 1, 2014, and reposted in Ammoland Shooting Sports News, on June 2, 2014, under the title, "Coffee Conversations with the Anti Side."

INTRODUCTION TO SERIES ON RADICAL LEFT/PROGRESSIVE DUPLICITY, MENDACITY, AND HYPOCRISY

PART THREE

WHICH SIDE REALLY HOLDS THE MORAL HIGH GROUND: A POLITICAL AND SOCIAL CONSERVATIVE OR THE POLITICAL AND SOCIAL LIBERAL, A.K.A., RADICAL LEFTIST AND PROGRESSIVE?

I. THE ETHICAL SYSTEM OF THE RADICAL LEFT AND PROGRESSIVES

Consistent with the ethical system of Utilitarian Consequentialism, the value the Radical Left and Progressives place on the life, safety, welfare, and well-being of individuals is essentially irrelevant because the value of any individual human life, in the Radical Left’s ethical scheme, is subordinated to what is presumed to be of benefit to the society as a whole—that is to say, what is deemed most to benefit the safety, welfare and well-being of the Hive; of the Collective. Benefits accruing to individuals do not factor into their analysis of what makes for a sound ethical system. Concern for the individual is essentially irrelevant.A corollary to their ethical system that stresses consequences of actions rather than motives behind actions is that a person, being a component of society, is, ultimately, not responsible for his or her actions, because, as the Radical Leftist and Progressive concludes, a person is deemed to be a product of that society. So, then, the Radical Leftist and Progressive surmises that it is really society itself that is to blame for the harm that one does to others, and the human agent is basically blameless. Is it, then, any wonder that the Radical Left and Progressives seek to empty our prisons, letting even the most dangerous, sordid and loathsome elements of society out into the street to prey once again on the innocent? In the mind of the Radical Leftist and Progressive this is precisely what they want to do, and what they have asserted they will do if they take control of the reins of Government. So, to improve society, the Radical Left and Progressives ask: How can we maximize utility for society as a whole? And they include into the equation, for maximizing utility, the lowest common denominator in society: the illiterate and dangerous illegal alien; the career criminal; members of drug cartels and criminal gangs; the psychopathic killer; and the violent lunatic. The Radical Leftist and Progressive, then ask: What policy choices can we make to maximize public order in society? As proponents of Collectivism, the Radical Leftist and Progressive looks to Government to implement and maintain control over those policy choices. And, while looking the other way where the worst elements of society lie in wait to prey on the innocent, they look to Government to determine what is deemed to be appropriate conduct for everyone else, and they look to Government to curb what they deem to be the worst excesses of human behavior. But, what it is that is deemed to amount to the worst excesses of human behavior is not--contrary to what reason would dictate, and as a reasonable person would surmise--behavior involving physical harm to another, but, rather, behavior manifesting as undesirable political and social belief structures, which the Radical Left and Progressives, themselves, are certain they are in the best position to determine and to define.Understand, Radical Leftists and Progressives, as proponents of the social and political principles and tenets of Collectivism and as strong adherents of the ethical system of Utilitarian Consequentialism, look to a well-ordered and well engineered society as promoting ethical conduct among the populace. But the well-ordered, well-engineered society they conceive of is not one that permits dissenting voices, as that is perceived as threatening public order.Thus, the gravest threat to the well-0rdered and well-engineered society, for Radical Leftists and Progressives is one that fosters freedom of thought and conduct among the polity. What Radical Leftists and Progressives strive for, above all else, is uniformity in thought and conduct. But, what, then, do Radical Leftists and Progressives make of the criminal element and the criminally insane in their well-ordered and well-engineered society?The criminal element and the criminally insane are beyond the pale. That, of course, understood by everyone. But, the career criminal and the criminally insane are not considered an existential threat to the well-ordered and well-engineered society of the Radical Left and of Progressives.The conduct of this lowest common denominator of society does represent a threat to the innocent members of the polity to be sure. But Radical Leftists and Progressives do not concern themselves with the loss of life and and harm that comes to individuals, as long as the inner Hive, the greater society, the Collective remains intact. Behavioral conditioning can be used and would probably be used to keep the lowest common denominator in check. This idea is explored in the 1962 book, "A Clockwork Orange," by Anthony Burgess.But such behavioral conditioning has no impact on rational individuals who happen merely to adhere to a political and social philosophy--distinct from that of the Radical Leftist and Progressive who opposes and denigrates the political and social philosophy of the founders of our free Republic. The Radical leftist and Progressive does not and will not tolerate social and political philosophies that are at loggerheads with their own as we see today. Such people don't even wish to debate differences in philosophies.So, then, suppose a person holds to the ideas of the founders of our Republic who had a firm belief in the existence of  fundamental, natural rights that exist intrinsically in man, as bestowed upon man by the Divine Creator, an idea that operates as the great foundation of our free Republic. But, that idea constitutes a danger to the well-ordered, well-engineered society envisioned by the Radical Leftist and Progressive, and must be censored.If the Radical Leftists and Progressives take control of Government in 2020, they will be in the position of transforming this Nation into a Collectivist nightmare--a society inconceivable to the founders of a free Republic; a society grounded on principles inconsistent with the U.S. Constitution's Bill of Rights. Hence, if a society envisioned by the Radical Left and Progressives should come to fruition, then those individuals who hold to political, social, and ethical belief systems that are the inverse of those held by the Radical Left and Progressives, will be perceived as a direct and imminent threat to the atheistic ideals of Marxism, Socialism, Communism and to the societal structure grounded on one of those political, social, and economic systems. So, if the Dystopian vision of the Radical Left and Progressives is, in fact, realized, no belief system antithetical to their vision of a well-ordered, well-engineered society that is grounded on the principles of Marxism, Socialism, or Communism will be tolerated, and proponents of such other belief systems will be ostracized at best, and, at worst they will be banished from the Country or held indefinitely in detention centers or in asylums.

II. THE ETHICAL SYSTEM OF CONSERVATIVES

The Conservative, placing value of the life of the individual over that of an amorphous Collective or Society, or  “Hive,” holds individual as ultimate agents of therefore behavior and therefore holds the individual responsible for his or her actions.Such individuals who, then, adhere to the tenets and principles of Individualism, extol a normative view grounded on a deontological ethical system. In accordance with the postulates of this system, a human agent's conduct is determined to be good or evil on the basis of one's human motivation; intentions. A proponent of Deontology looks to a human agent's intentions in assessing whether conduct is good, bad, or neutral. This ethical system often proceeds from the idea that man, being created in the image of God, bears ultimate responsibility for his or her actions. This idea is an anathema to the Radical Leftist and Progressive as their belief systems do not posit the existence of a omnipotent, omniscient, morally perfect Being. In fact, their philosophy rules out the existence of a Divine Creator. Thus, it should come as no surprise that Radical Leftists and many Progressives support late-term, at will abortion. But, the point here is that the views of most Americans are altogether antithetical to the tenets and principles of Collectivism and are antithetical to the ethical system of Utilitarian Consequentialism. The Conservative asks: How can the life, safety, and well-being of the individual American citizen be effectively secured? The Radical Left and Progressives, caring little for the well-being of individuals, and more for the ostensible well-being of society, do not profess concern for the individual at all and, so, dismiss the question posed by the Conservative, out-of-hand, as the question is meaningless, or even nonsensical to the Radical Leftist and Progressive.The political and social philosophy of the Conservative, predicated on the tenets of Individualism, as held by the framers of our Constitution, and, contrariwise, the political and social philosophy of Leftists, predicated on the tenets of Collectivism, are antithetical and, so, incapable of reconciliation. There exist two different visions for this Nation: one that seeks to preserve a Free Republic, along with the autonomy and sovereignty of the individual, consistent with the intention of the framers of our Constitution; and the other social and political philosophy that seeks nothing less than to wipe the slate clean, and, then, having stated over, working toward establishing a Marxist society, a Collective, to be injected into a transnational, supranational system of governance, based in Europe.

THE RIGHT OF THE PEOPLE TO KEEP AND BEAR ARMS IS ANTITHETICAL TO THE TENETS OF COLLECTIVISM

THE ETHICAL SYSTEMS AND POLITICAL PHILOSOPHIES OF INDIVIDUALISTS AND COLLECTIVIST ARE MUTUALLY EXCLUSIVE AND CANNOT BE RECONCILED WITH EACH OTHER

THE ETHICAL SYSTEMS AND THE POLITICAL PHILOSOPHIES OF THE INDIVIDUALISTS AND COLLECTIVISTS, RESTING AS THEY DO ON A WHOLLY DISTINCT SET OF POSTULATES, ARE MUTUALLY EXCLUSIVE SYSTEMS AND CANNOT BE RECONCILED; THEREFORE NEGOTIATION AND COMPROMISE BETWEEN THE TWO IS LOGICALLY IMPOSSIBLE. EACH SIDE EVINCES COMPLETELY DIFFERENT VISIONS FOR OUR COUNTRY AND THE VISIONS OF THE TWO SIDES ARE INCOMPATIBLE WITH EACH OTHER.

We see two different value systems of two distinct political and social philosophies, one reflecting the tenets of Individualism and the other reflecting the tenets of Collectivism. Each side frames the political, social, and ethical questions in mutually exclusive ways, as each side emphasizes different values, and, this in turn, is reflected in the policy choices each side makes, as that side attempts to resolve what it perceives as distinct political, social, and ethical problems and dilemmas. Given this indisputable fact, negotiation and compromise is impossible, as the vision each side embraces for this Country are absolutely at odds with each other.Hence, we see the different value systems of these two distinct political and social political philosophies reflected in the questions each side asks itself and, this, in turn, is reflected in the policy choices each side makes. Thus, we see each side taking completely different policy positions on every major issue: three of the salient, pressing ones, of late, being firearms, abortion, and immigration. But, why is that? Why are there such profound differences on social and political issues--such profound differences, in fact, that each side doesn't even ask the same questions, approaching the issues in such different veins that it is impossible for each side to even begin to understand the other side. It is as if each side is speaking a different language. And this being so, it stands to reason that resolution of political and social issues would reflect demonstrably distinct, antithetical policy choices that make reconciliation between the two sides impossible. It is for this reason that there can be no compromise, no negotiation between the two sides, as any attempt to do so, would be sterile, empty, as one side seeks to preserve the philosophical underpinnings upon which this Nation was created, the free Republic the founders placed their very lives on the line to create and to provide for future generations of Americans; and the other side seeks to rend and replace the Nation the founders created. The profound differences of the two sides being irreconcilable, and so profound, so resolute, and on existing on such a basic, elemental level, that the conditions for the possibility of an actual modern civil war unfolding, are very real.** The Radical Leftists and Progressives seek nothing less than to replace our free Republic with no less than a Marxist styled dictatorship, a regime that is visibly at odds with the Nation as it presently exists, and they intend to follow through with their plans. Those individuals who wish to preserve our Nation as a free Republic, as the founders intended , the political Conservative, will never permit or abide by the uprooting of the philosophical underpinnings of our Nation as a free Republic, where the individual is autonomous and sovereign.Leftist extremists have shown their contemptuousness of and open hostility toward the U.S. President, Donald Trump. They hate him for having the audacity to attempting to preserve our Nation as a Free Republic. These same Marxist, Radical Leftists and Progressives have shown no less a contemptuous attitude and hostility toward the founders of our Nation, the framers of our Constitution. The Radical Left and Progressives that have essentially taken control of the Democrats and of the Democratic Party, demonstrate open disrespect toward, and, in fact, deep loathing of and perverse, monstrous abhorrence toward the founders of our Nation, and have demonstrated their deep abiding contemptuousness of, and, in fact, open defiance toward our Nation's Constitution, and toward our Nation's fundamental, natural rights and liberties, toward our Nation's long, glorious history and culture, and toward our Nation's institutions, the entirety of it. The Radical Leftists disrespect of our Country and of its people, whom they bizarrely and erroneously divide into two disparate, armed camps of victims and overlords (victimizers), is not only extreme in the conception, but pathological in the use. In fact the very notion that this Nation, a Nation of free citizens, is comprised of two broad classes of people, the oppressed and their oppressors is outright ludicrous, but it does serve its ignoble purpose. The ruthless and reprehensible designers of disquiet and disruption in our Nation, the social engineers who desire to disrupt and corrupt the orderly operation of society, to weaken and confound the citizenry, have done so, that they more easily control it; so that they can remold it, reshape it, and insert it anew into the Marxist vision of Hell on Earth they have conceived: a world of vast surveillance and control over the mass of populations; a world where the mass of humanity is reduced to servitude and penury and where those who object, those who dissent, those who demand freedom and liberty are brutally crushed into submission. This cannot be reasonably denied, as there exists mounting evidence to the contrary: the rebellious, disaffected extremists have taken over the Democratic Party. The current Democratic speaker of the House, Nancy Pelosi, hardly a proponent of the Bill of Rights, has been principally silent. She has lost her grip of the House. Whether afraid to wrest control from the mutinous Radical Left or otherwise through an attempt to retain a modicum of power through obsequious acquiescence to it, Pelosi herself, has become subservient to the frenzied call for immediate transformation of the U.S. into a Marxist dictatorship. Those of the Left seek nothing less now than open revolt, audacious in the conception, frightening in scope; but hardly grandiose; simply disgusting, reprehensible, and absolutely insane. These Radical Leftists, who had sought to reshape society quietly, through the social policies of Barack Obama, and which were to continue through the regime of Hillary Clinton, were dismayed to see the election of Donald Trump and to witness his Administration throwing a wrench into their incremental path to a Marxist world State. And Seeing that their master plan for a quiet progression of the U.S. toward Marxism was failing, possibly could fail, the Internationalist Billionaire architects of a one World Government went to work. Their plans for a one world political, social, economic, and cultural system of governance would now have to be made plain, to be made obvious to the American people. And they set to work to destroy Trump's Presidency. They have attempted to do so audaciously, and they continue to do audaciously, attacking and ridiculing the man himself, as well as attacking the President's policies for returning our Nation to its historical roots. And what they desired to do incrementally, they now seek to do quickly, through one major push, one massive frontal assault on the Nation and its Constitution and its people. Whoever gains the nomination of the Democratic Party and whomever it is that might gain the U.S. Presidency, no longer matters. There are no political Moderates left in that Party who have the Will, the Backing, and the fortitude to wrest control from the dominant Radical Left. Whomever in the Democratic Party it is that retakes the White House, will be taking his or her marching orders from the Billionaire Internationalists, and through their minions in the Party. And, as these supranationalist, one-world Government organizers have lost patience with a slow, incremental transformation of this Nation into a Collectivist one-world State, expecting, anticipating this Nation's slow but inexorable, assured fall into unceremonious ruin, only to be rebuilt, but only to be rebuilt as a cog of a world super-state, they now seek a rapid advance. Should a "Democrat," any so-called Democrat, takes over the reins of the Executive Branch of Government, expect to see a rapid political, social, cultural, economic upheaval to occur, and as the new "President" will have the legitimacy of the Office of President, in which to mount the  upheaval of this Nation internally, it will be difficult to prevent the metamorphosis of this Nation into a Marxist Hell. And, what will all this mean for the American people?These Radical Leftists and Progressives desire to erase the very memory of our Nation as it is, and once was, and is ever to be. They seek to wipe the slate clean, to start over; to replace a free Republic and a free People with a thing that died long ago and that should have remained dead and buried long ago--the Marxist Collectivist Dystopian dream of a one world borderless political, social, economic, construct, ruled by an all seeing, all knowing, all powerful Government. This is the Collectivist nightmare of a world devoid of nations, devoid of free citizens, devoid of hope, dreams, and reason; a world containing serfs, drones, and slaves, all controlled by a small cadre of ruthless overseers, intent on containing, constricting dissent, and bending entire populations to their will, the goal of which is to provide uniformity in thought and conduct, along with confounding, oppressive stasis.____________________________________________**For a detailed account of the major political and social differences between Radical Leftists/Progressives, on the one hand, and Conservatives, on the other, the Arbalest Quarrel has pointed out the salient differences between the two sides, providing then the reason why compromise between the two is empirically impossible. One side ascribes to the basic tenets of Collectivism, an ideology upon which the social and political philosophy of the Radical Leftists and Progressives is predicated. The other side ascribes to the basic tenets of Individualism, an ideology upon which the social and political philosophy of the Conservatives is predicated, upon which our Nation was founded and upon which it presently exists. We invite interested readers to take a look at two Arbalest Quarrel articles on the subject, both of which were posted on AQ in October 2018: "In the Throes of the America's Modern Day Civil War," and "The Modern American Civil War: A Clash of Ideologies."____________________________________________

INTRODUCTION TO SERIES ON RADICAL LEFT/PROGRESSIVE DUPLICITY, MENDACITY, AND HYPOCRISY

PART FOUR

THE DEMOCRATIC PARTY THAT EXISTS TODAY COMPRISES FEWER TRUE SOCIAL AND POLITICAL LIBERALS AND MANY MORE ILLIBERAL SOCIAL AND POLITICAL RADICALS AND PROGRESSIVE ELEMENTS

Let us postulate up front that the Democratic Party today reflects a much more radical social and political philosophy than in the past. It is much changed from the Party that existed even a few years ago, under the Obama Administration, extreme as the Obama Administration was.Although the mainstream media, which is in essentially in lockstep with the radical elements of the Democratic Party, manifests a continued predilection to use the expression 'liberal' to describe and represent the basic political and social orientation of the Democratic Party, nonetheless use of that expression to describe the prevalent outlook and orientation of the Democratic Party today is misnomer as the Democratic Party has, today, a clearly different orientation. The Party has been essentially if not completely radicalized, co-opted by the most radical elements in it, and these radical elements clearly present the Party and represent the Party's face to the Nation and to the world.The mainstream media, and, most notoriously, The New York Times, uses the term, 'liberal,' erroneously, and deceptively, and, therefore, to our mind, irresponsibly, to describe the Democratic Party as it is aware that the Party is a decidedly wildly Leftist extremist organization and, so, the term, 'liberal' is therefore wildly inaccurate.The mainstream media continues to use the expression, 'liberal,' instead of the clearly more accurate term, 'radical,' when mentioning Democratic Party politicians, and it does so to create the illusion that the Democratic Party is within the social and political mainstream fabric of the American polity when it knows very well that the Party is not within the political mainstream of the American public.Why, then, does the mainstream media deliberately use an erroneous term to describe the Democratic Party? It does so because the Press is most assuredly aware that the term, social and political, 'radical,' comes across as a pejorative to most Americans; understandably so, as Americans, for the most part, don't have a favorable view of Marxists, Socialists, and Communists--the very groups that, we know, are in league with the new Democratic Party and that are secretly supporting the Democratic Party. Several members of the Party have, indeed, unreservedly fashioned themselves as Marxists, Socialists, and, yes, Communists, too, even if very few of them use any one of those expressions to describe themselves, thus so. Their sympathies are clear enough through their statements and through their policy planks.

THE ILLIBERAL RADICAL LEFTIST AND PROGRESSIVE HAVE A COMPLETELY DIFFERENT VIEW OF RELATIONSHIP OF INDIVIDUALS TO SOCIETY AND TO GOVERNMENT

It is impossible for the Political and Social Conservative, on the one hand, and the illiberal, Political and Social Radical Left and Progressive, on the other hand to come to a mutually acceptable agreement on any public policy issue because, on a very basic, almost subliminal level, the two sides happen to view a human being in a completely different light and happen to view the relationship of the human being to society and to Government in a completely different light.Both the modern-day Conservative and the founders of our Free Republic, placed their faith in the human being and were wary of Government. Contrariwise, the Radical Leftist and Progressive place their faith alone in the State qua Government, not the human being. The Radical Leftist and Progressive are wary of individuals when left to their own devices, and trust Government to curb the worst excesses of the individual, oblivious, then, to the fact that Government itself, composed of individuals, is itself subject to the worst excesses, and, with control over the military and of the police and intelligence apparatuses, as well as over the media, presents the worst of dangers. For Government cannot help but become intolerant, autocratic, and, wielding the tremendous power it does if that power itself is not curbed, will invariably exhibit the worst excesses. It will demand uniformity in thought and action among the polity. It will crush the individual into submission to the Will of the State; and in so doing, will erase the very notions of a individual autonomy and individual self-worth and of integrity of Self. So, it is that the framers of our Constitution limited the powers of Federal Government and took the further step of distributing such limited powers the Government had to three separate but equal Branches of Government as set forth in the first three Articles of the Constitution. And, so it is that we see in the assertions of the Radical Left and in their policy choices, a fervent desire to countermand all that the framers of our Constitution, in their wisdom devised and implemented, as these Radical Leftists desire to place strict and stringent control over each American citizen’s behavior, and, indeed, over the individual’s thought processes as well; duplicitously, telling the public that this is a good thing, that society is better served when, contrary to the concerns of the framers of our Constitution, Government should not be constrained; but should firmly control the conduct and thoughts of all Americans, dictate to each American what constitutes correct and proper thought and conduct. In so doing, the Radical Left believes, society will be better served.It should come as no surprise to anyone, then, that the Radical Leftist and Progressive would seek to destroy the means by which and through which the individual may emphasize his or her individuality. The Radical Leftist and Progressive does not accept, indeed, cannot even understand that the American is expected and should be expected to take personal responsibility over his or her life, safety, health, and well-being, and be left alone, in peace. The Radical Left and the Progressives will have none of that. Thus, they seek to restrain and curb free speech, including the tacit right of freedom of association, codified in the First Amendment. They seek to deny to the individual the unalienable, immutable, natural right to protect him or herself with the best means of doing so, a firearm; more, they seek to deny to the individual the right to protect his or her life and liberty from the tyranny of Government, thus dismissing out-of-hand the idea that Government is best that Governs least; denigrating, obviating the import and purport of the Second Amendment to the U.S. Constitution. Ever suspicious of the idea upon which our Nation was founded—that the individual must be left alone, they seek to keep tabs on the individual, to surveil the individual, creating dossiers on every American citizen from the moment of birth to the moment of death. This is, all of it, contrary to the dictates of the unreasonable searches and seizures clause of the Fourth Amendment. But, those who hold to the ideas of the illiberal Radical Left and Progressive, care not for the strictures of the Bill of Rights.NOTHING DISTINGUISHES THE TWO POLITICAL AND SOCIAL PHILOSOPHIES—THAT OF THE RADICAL NEW PROGRESSIVE LEFT AND THE CONSERVATIVE ON THE OTHER—MORE THAN ON THE ISSUE OF FIREARMSThe Radical New Progressive Left abhors guns as much from an aesthetic standpoint as from a political, social, and ethical one. Thus, they never fail to use a particularly tragic albeit rare instance of misuse of a firearm by the criminal and the occasional lunatic to denounce firearms ownership and possession generally, vociferously, and this is reflected in the question they ask and the manner in which they ask it: How can society protect itself from the scourge of guns? You will note that their professed concern is that of society, of the Collective, the Hive, not that of the individual, even if they perforce assert that their concern is to protect lives. Be advised, the question they pose is really merely rhetorical as their answer to the scourge of guns is implied in the question as framed, namely: remove as many guns, and as many kinds of guns, and from as many people, as possible, and in the shortest amount of time. But, will doing so, really serve to protect people? The Radical Left and Progressive doesn't really respond rationally to this query, because they accept, as a given, even if statistically untrue; and the assumption is untrue that more innocent lives will be spared once guns are removed from the citizenry. Although the idea is false, one may reasonably ponder whether, on its face, the idea that the public will be served by banning, say,  every semiautomatic rifle, shotgun, and handgun from even plausible? Since millions of average law-abiding, rational Americans do you use semiautomatic firearms for self-defense and since, statistically, in any given years, hundreds of thousands of people and, according to some studies, over one million people, have used firearms successfully for self-defense. See, e.g., See, Guns, Crime, And Safety: A Conference Sponsored by the American Enterprise Institute and the Center for Law, Economics, and Public Policy at Yale Law School: Safe-Storage Gun Laws: Accidental Deaths, Suicides, and Crime, 44 J. Law & Econ. 659, 660-664 (1991) by John R. Lott, Jr., American Enterprise Institute and John E. Whitley, University of Adelaide. Who will protect the lives of the people when they they are denied the best means available for defending their life and the lives of family members? On the issue of gun violence, the Conservative, asks a different question entirely. It is this: How can the citizenry best protect itself from violent acts, generally? Framed in this way, the real issue, for the political and social Conservative, has less to do with guns and more to do with a desire to curb those elements in society that are the cause of violence, whether those elements cause violence by means of guns, knives, bombs, or any other implement, including the use of bare hands.Framing the question in the way that the Conservative does, three things become clear. First, it is manifestly clear that, for the political and social Conservative no less than for the framers of our Constitution, and consistent with the framers political and social philosophy, grounded on the tenets of Individualism, and not Collectivism, the critical concern is directed to maximizing the life, and safety, and well-being of the individual from both the violence of others and from the tyranny of Government. It is manifestly clear, second, that ultimate concern ought to be and must be for the life, health, safety, and well-being of the individual in society, since, for the Conservative, there is nothing beneficial to be perceived in maintaining order in society merely for the sake of the greater society, the Collective, the Hive. Rather, the central focus must be on ensuring the life, health, safety, and well-being of actual people, namely, for the hundreds of millions of innocent individual souls that comprise society. Third, it is manifestly clear that the best means of securing the life, safety, and well-being of the individual in society, and that also serves at the same time to prevent the onset of Governmental usurpation of the sovereignty of the American people—i.e., to prevent tyranny or, at least, to deter the onset tyranny—is by arming the citizen. This the founders new full well and they provided for it in codifying the right of the people to keep and bear arms in the Second Amendment to the U.S. Constitution. Thus, the immediate answer to threats of violence from criminals and from the threat of lunatics hell-bent on creating violence, preying at will on the innocent members of the polity, is by seeing to it that every law-abiding, rational citizen who wishes to exercise his or her right to keep and bear arms for the purpose of self-defense and to deter the tyranny of Government is not prevented from doing so, as it is self-evident, true, both in the dim past and to the present day, that the individual will have the best chance of successfully thwarting the threat of aggression and violence if he has the best means of at hand of doing so, and that means arming the citizen with a firearm. Further the armed citizenry is the most effective means for thwarting the rise of totalitarianism in the Nation. For the Radical Left and Progressives, though, the very idea of arming the citizen is an anathema to them. They willingly accept, and many of them gladly accept,  the loss of innocent lives as long as the greater society, the Collective, the Hive, is secured; and societal order, as they see it, can only come about through the presence of a powerful Government, overseeing the Radical Left's vision of a well-ordered, well-engineered society. The armed citizen is, as they see it, a dire threat to the preservation of, and, as well, to the very existence of a well-ordered, well-engineered society. This means that any potential threat to the authority of Government must be checked. And, an armed citizenry is perceived as an ominous direct threat to the authority of Government. Of course, the Radical Leftist and Progressive knows well enough that, for what they have in mind, criminal misuse of firearms will continue, unabated, regardless of the insincere messaging the spew out to the public, directly or through their fellow traveler, the Press.But, it is passing curious strange that the Radical Progressive New Left draws attention to rare mass shootings but pays little, if any, attention to the more serious instances of constant shootings, commonplace in Cities like Chicago. Clearly, the Radical Progressive New Left perceive Chicago as a well-ordered society that clamps down on citizen possession of guns, even as rampant crime exists in that City, as the criminal element runs amok. It is obvious these Collectivists do not view crime and deaths by gun violence as a threat at all. Their sole objective is to deny to the average, law-abiding, rational citizen the means to best counter the threat of violence, whether by guns or by any other means, by precluding the law-abiding and innocent citizen the right to keep and bear arms.Thus the extremist Leftist elements have made clear that their disdain and abhorrence of guns is not predicated on a concern for alleviating violence, whether by guns or by any other means, contrary to what they happen to broadcast through the media, as their real fear is not mass shootings at all, or any other criminal act of violence for that matter. What it is they fear most, and what they refuse to countenance, is the continued existence of an armed citizenry. An armed citizenry constitutes the greatest threat, as they see it, to the emergence of an all-knowing, all-powerful Government, along with the emergence of a welfare-dependent citizenry existing in their socially-engineered Marxist-welfare State. It is no mistake, then, that the vast majority of firearms laws—federal, State, and local—that presently exist, and the many more the Radical Progressive New Left wants to enact, are directed to restricting the average, law-abiding citizen's exercise of their fundamental, immutable, unalienable right to keep and bear arms—more so than simply preventing the criminal and lunatic. For if they truly wished to prevent or reduce criminal use of firearms, they would argue for fervent enforcement of the laws that presently exist, and would ascertain that any new law they sought to create would zero in on the criminal and lunatic and not target millions of average, law-abiding, sane gun owners. If question about this, they would be compelled to admit it is so. Their justification is that criminals and lunatics will be brought under the umbrella of further restrictive gun laws and that any law-abiding American who wishes to exercise his or her right to keep and bear arms should understand that forced gun restrictions on law-abiding guns owners is the best way to protect everyone. But, this is no more than a makeweight and arrogant presumption, and it is an erroneous presumption at that.One can, of course, debate the issue of whether the loss of individual safety and well-being is an acceptable price to pay for presumed public safety and well-being. The Conservative would be willing to engage in debate the issue in front of the Nation. The Radical Progressive Leftist would never be willing to do so, finding it easier to shout down naysayers, rather than engaging in calm, rational, intelligent debate. Be that as it may, what is lost in any argument about safety and security is the nature of the right at stake.The founders accepted, as self-evident true that the right of the people to keep and bear arms is a fundamental, unalienable, immutable, natural right existent in the individual American, as bestowed on the individual by the Divine Creator. It is not and never has been a mere privilege, and it is not to be seen as a privilege. But that is how the Collectivist sees it: something created by Government and, as such, the ostensible “right” to possess firearms is really nothing more than a privilege. And if Government creates the privilege, Government can bestow the privilege on some, as Government wishes, and can determine how that privilege is exercised. And Government as the creator of the privilege can just as easily rescind the privilege.Those who hold to the tenets of Collectivism and to the ethical system of Utilitarian Consequentialism view gun ownership and possession only as a privilege, not as right at all, whether fundamental or not. And, in that failure to accept the right embodied in the Second Amendment and the rights embodied in the other Nine Amendments, comprising our Bill of Rights, as things bestowed onto man by the power and authority of Government, must acknowledge that rights, as with any man-made statute, are ephemeral, mutable, subject to modification or abrogation by Government. But, that idea makes a mockery of our Constitution, and, denies, out of hand the sanctity of it and the immutability of the rights and liberties set forth in it, as understood by the founders of our Nation as a free, Constitutional Republic. Thus, the Collectivist denies, out of hand, the very underpinnings of a free Republic and the relationship between the American citizen and the federal Government.But, for inclusion of our Bill of Rights into our Constitution, the notion of gun rights would not exist and the notion of free, unrestrained and unconstrained free speech and unconstrained freedom of association would not exist—not because the rights really don’t exist, they do, but because some would choose simply not to recognize the fact of natural, immutable, fundamental rights preexistent in man. Fortunately, the Antifederalists among the founders made a point of requiring that a certain set of critical natural, immutable, fundamental rights be codified in the Constitution if the States were to ratify it. The Federalists thought it unnecessary to do so since, for them, the existence of natural rights and liberties were self-evident true, understood by all without codification, and were concerned that making a point of listing a few natural rights might lead some people to deny the efficacy of others, a misconception, a misconception of the Federalists but one that the Antifederalists dealt with, anyway, through inclusion of the text of the Ninth and Tenth Amendments into the Bill of Rights.One thing is patently clear: The New Progressive Left Collectivists accept as axiomatic the idea that our Bill of Rights, as with every other part of the Constitution, is infinitely malleable, subject to constant modification, refinement, or outright abrogation. It isn’t and believing it to be so, doesn’t make it so. But they don’t care. It doesn’t matter to them. They have, as is unfortunately apparent, convinced a substantial portion of the polity of this Nation, through incessant irrational and illogical and noxious proselytizing and propagandizing, that the polity would indeed be better off if the Second Amendment were stricken from the Bill of Rights. It would still exist of course since the right exists intrinsically in man’s very being, and not in the written text. But, in the act of striking the Second Amendment from the Bill of Rights, or simply in ignoring it, the tyranny of Government would be noticeably at hand.

INTRODUCTION TO SERIES ON RADICAL LEFT/PROGRESSIVE DUPLICITY, MENDACITY, AND HYPOCRISY

PART FIVE

THE ULTIMATE GOAL OF THE RADICAL LEFT AND PROGRESSIVE ELEMENTS IN THE U.S.

The Radical Left and Progressive movement seeks the creation of a well-ordered, well-engineered society, one grounded on the realization of the Marxist Utopian vision--a holistic society, one existing beyond the confines of the Nation, embracing the entire world; a New World Order, comprising at first all western nations, and ultimately all nations. In this vision, the very notions of ‘nation-state’ and ‘citizen,’ are obsolete. Also obsolete, are the very  notions of national culture and history. But, this goal can only be achieved if the populace of all nations, including the populace of the United States, are willing, or if not willing then required, to relinquish such rights and liberties specific nation-states may happen to have. The Radical Left and the Progressives envision an omnipotent, omniscient transnational, supranational Governmental construct, and the populations of all Western nations will be required to submit to the dictates of this entity. But, although what they envision may work—indeed is working in the nations comprising the EU, notwithstanding the EU is facing substantial and harsh push-back—and as it has worked or is working in the Commonwealth nations comprising Great Britain, Canada, Australia, and New Zealand, it is not something that can work and was never meant to work in the United States. For, unlike all other nations on Earth, the United States alone, has embodied in its Constitution—the blueprint of the Nation as a free Republic—a Bill of Rights. This is the critical Document the Federalists, among the framers of the Constitution, felt unnecessary, to incorporate into the completed Constitution, but a Document the prescient Antifederalists demanded, nonetheless, be incorporated into the Constitution if the States were to ratify the Constitution.Fortunately, the Antifederalists, among the framers, made a convincing case for incorporation of a Bill of Rights into the Nation’s Constitution and it is for this reason alone, and no other, that our Nation, to this day, still exists as a free, Constitutional Republic. The existence of our Bill of Rights,understood to be a codification of natural law, that supersedes all man-made law and that exists intrinsically in man, preexisiting any and all societal and governmental constructs exists is perceived as no less than a slap in the face to Radicals and Progressives.But, for inclusion of our Bill of Rights into our Constitution, the notion of gun rights would not exist; the notion of free, unrestrained and unconstrained free speech and unconstrained freedom of association would not exist.Thus, the Radical Left and Progressives seek to destroy it all and are frustrated and enraged over their inability to do so even as they have apparently convinced a substantial portion of the polity of this Nation, through incessant irrational and illogical and noxious proselytizing and propagandizing, to forsake its God-given, fundamental and immutable right of the people to keep and bear arms and to forsake its other fundamental, unalienable, immutable, elemental, rights and liberties, upon which this Nation was founded and upon which this Nation cannot otherwise exist.____________________________________________*Even in the Scandinavian Countries, especially Sweden, that the Radical Left here refers to as an example of a social and economic system that works, Socialism is not all that it is cracked up to be as reported by the website, frontpage. Further, it must be pointed out that the Scandinavian Countries like Sweden are Countries with a small, homogenous population, unlike the populations of United States and Russia. In fact, it has become apparent that, with Angela Merkel’s influence, the EU has been flooded with millions of refugees, primarily from the Middle East. The political and social and cultural background of these people are extraordinarily rigid. They have no concept whatsoever of the philosophical principles of Ancient Greece and Rome, upon which the culture of Western Nations are grounded, and have shown no propensity to assimilate. In fact, these Middle Eastern refugees have demonstrated a perverse desire to force their own radical social and cultural theocratic value system onto their host Countries, rather than complying with the laws of their host Countries, and inculcating the traditions and culture of their host Countries andUnderstandably, the Scandinavians are not amused by what they have experienced with a flood of Middle Eastern refugess into their Country. Moreover, the apparent Socialism of Sweden—see Forbes article—that might have some efficacy in a small homogenous society like Sweden breaks down quickly when a heterogenous population is inserted, unceremoniously into the Nation, and is immediately looking for, and even demanding, “handouts.” Even the left-wing weblog, Courthouse News Service, that expresses concern over the rise of “Nationalists” in Sweden, admits, if only  grudgingly, that the welfare system of Sweden is crumbling in part, at least, because of the presence of so many unassimilable refugees.Now imagine the impact of millions of illegal aliens in the U.S., and the Radical Left’s argument for a massive increase in the welfare state even as the debt in this Country approaches $1,000,000,000,000! As the Economist Milton Friedman warned, as reported in the website, daily hatch, “It is one thing to have free immigration to jobs. It is another thing to have free immigration to welfare. You cannot have both. If you have a welfare state, if you have a state in which a resident is promised certain minimum level of income or a minimum subsistence regardless of whether he works or not produces it or not. Well then it really is an impossibility.”You have to ask yourself, do Radical Leftists, like U.S. Senator Bernie Sanders and Representative Alexandria Ocasio Cortez, who welcome an endless progression of illiterate, illegal aliens, and an expansive welfare State, know what this bodes for our Nation? For the U.S. Senator, he likely does know. Senator Sanders is intelligent. To realize his dream of a Socialist State in America, he wishes to destroy the Nation as a Free Republic, and rebuild it in his image of a magnanimous Socialist Utopia. Alexandria Ocasio Cortez, unlike Sanders, is a moron, but simply abhors America and seeks, as well, to destroy it, in order to transform it into a massive welfare State. If they, both of them, have their wish, our Nation would indeed be destroyed. But, no Phoenix would arise from the ashes of that destruction, as they wrongly presume would happen. No! The Nation would be ruined forever; the remains to be subsumed, albeit it in a diminished state, into a new, transnational, supranational political, social, economic, cultural, financial and legal system of governance, likely headquartered in Brussels, which is the very heart and brain of the monstrosity known as the EU, and the the people of those nations and of our Nation, too, will be reduced to penury and servitude, and all subjects, of this new world order (no longer citizens of their Nations as Nations will no longer exist), will live under duress, and under the severe and stern hand of an all-seeing, all-powerful Government, watching one's every move, and controlling every thought. __________________________________________________________Copyright © 2018 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.

INTRODUCTION TO ARBALEST QUARREL SERIES ON RADICAL LEFT/PROGRESSIVE DUPLICITY, MENDACITY, AND HYPOCRISY

PART ONE

“Those whom heaven helps we call the sons of heaven. They do not learn this by learning. They do not work it by working. They do not reason it by using reason. To let understanding stop at what cannot be understood is a high attainment. Those who cannot do it will be destroyed on the lathe of heaven." ~Chuang Tse: XXIII, translated by the American writer, Ursula K. Le Guin; epigraph to Chapter 3 of her 1971 Sci Fi novella, “The Lathe of Heaven”

THE RADICAL LEFT AND PROGRESSIVES WILL CRUSH AMERICA INTO SUBMISSION IF THE NATION CONTINUES TO LISTEN TO THE NONSENSE  THEY SPOUT, FOR IT ISN'T KNOWLEDGE OR UNDERSTANDING THEY HAVE; AND HAVING NO WISDOM TO IMPART, THEY HAVE NOTHING OF NOTE TO SHARE

LOSS OF OUR NATION BEGINS WITH LOSS OF AN ARMED CITIZENRY

Never in our history, since the birth of the Nation itself, has our Nation faced a direct threat to its survival as it is facing today. This isn’t hyperbole. This is fact. Even in the face of the ravages of the American Civil War, and the calamity of the Second World War, and the threat posed to our Nation by Russia during its existence as the once powerful Soviet Union, during the Cold War era, has this Nation come closer to Armageddon. This fact is plain as day, on constant display, having commenced on the very day the Presidency of Donald Trump began—on noon EST on January 20, 2017, when Trump was inaugurated as the 45th President of the United States.Jealous and powerful elements both here and abroad have mobilized and joined forces to bring Trump down and have failed miserably. They are apoplectic over their consistent failures, and have been raging ever since.Immensely powerful, extraordinarily wealthy, abjectly ruthless, sinister, secretive forces, residing both here and abroad, have operated in concert to attack Trump’s Presidency and by extension to attack millions of Americans who voted for him in the General Election of 2016.These rapacious forces are ever devising and orchestrating, machinating and scheming. And they do so through the amalgam of: a duplicitous and compliant Press; treacherous and hypocritical politicians; recalcitrant and poisonous Federal Government bureaucrats; pestilential sympathizers in the entertainment business; virulent and violent and bellicose Radical Left activists; injurious or lackadaisical jurists; a pernicious academia; rapacious technology chieftains; and a host of hangers-on and fellow travelers and Anti-American sympathizers among the polity, have—all of them—failed to bring destruction both to the man and the Nation. They have failed to topple Trump and to destroy his Administration; and they have failed to destroy the will of the American people; and, to date, they have failed, utterly, to convince Americans to relinquish their Second Amendment right to keep and bear arms; albeit, not for want of trying; and they are still doggedly trying.The only thing these perfidious, treacherous, malevolent, abhorrent forces have succeeded in doing is to draw unwanted attention to their goal of sucking the lifeblood out of this Nation, in a naked attempt to bring the Nation to heel; into the fold of the EU; and eventually, inexorably, unerringly into the grip of a new trans-global, supranational political, social, cultural, economic, financial, and legal system of governance; a new socialist world order ruled by a small cadre of sinister ministers, its heart resting in the interstices and bowels of Brussels.With 2020 hindsight the envious, fuming forces that had connived, threatened, and cajoled, albeit all for naught, to bring their stooge, the duplicitous, hypocritical, arrogant, and loathsome Hillary Rodham Clinton, to the seat of power in Washington, D.C., have licked their wounds and are intent on redressing their previous failure; to force the United States back on track toward realization of the goal of a one world socialist Government. And, if these ruthless forces succeed in placing their lackey, their factotum in the Oval Office, in 2020, everything this Nation has gained through the sacrifices of American patriots, from the American Revolution to the present day, will have been in vain. For, Americans will lose everything that has defined them and that has defined the Nation for over two hundred hears, commencing with loss of the right of the people to keep and bear arms, the most sacred fundamental, immutable right of all.

WHAT CAN ALL OF US DO TO KEEP THE RADICAL LEFT ANTIGUN MOB FROM INFRINGING THE FUNDAMENTAL, NATURAL, UNALIENABLE, IMMUTABLE RIGHT OF THE PEOPLE TO KEEP AND BEAR ARMS?

Tell your Congressional Delegation, and your State and local Legislators that you expect them to honor their sworn oath and commitment to uphold the U.S. Constitution, as this requires them to take action to preserve and strengthen the right of the people to keep and bear arms; and that means protecting the natural right of self-defense. It also means that such firearms that are in common use including semiautomatic rifles, shotguns, and handguns, as well as revolvers, should be available to the average, law-abiding, rational American citizen. How can we best to achieve this goal? We can achieve this goal by meeting the threat to our most sacred, sacrosanct right by meeting those who would destroy our Nation’s Birthright head-on. Tell your Congressional Delegation to recommit to passing National Concealed Handgun Carry legislation.The most effective way to attack antigun Radical Leftists seeking to weaken the Second Amendment that it may wither on the vine, is not—as all too many Republicans have been seen doing—by capitulating to the Radical Left on the issue of gun ownership and gun possession; nor is it by sheepishly agreeing with and groveling to Radical Left antigun politicians in the Democratic Party and to Grassroots antigun activists. Doing so won’t serve to preserve our sacred right, but, rather, will compromise our sacred, unalienable right. No! We must not capitulate and we must convince Republicans in Congress not to capitulate to the antigun mob. They must never capitulate.

WE CANNOT SECURE OUR NATION BY RELINQUISHING OUR FIREARMS BUT WE SHALL SURELY LOSE OUR NATION FOR HAVING DONE SO

Americans cannot preserve the Second Amendment by negotiating with those intent on destroying it. And the Radical Left, along with the inordinately wealthy Globalist elites, who lust for world domination, have no intention of preserving the Second Amendment to the U.S. Constitution in any form. Consider: no American can any longer easily and readily obtain a machine gun, submachine gun, selective fire assault rifle, short barrel shotguns and rifles, since they are all stringently regulated by the Federal Government. Even though these rifles, shotguns, and other firearms are personnel weapons, they are no longer readily available to the public, as the availability of these weapons went out the door with the passage of the National Firearms Act of 1934 (NFA), over eighty years. And, as the Arbalest Quarrel has repeatedly stated, the assault on “assault weapons” is an attack on all semiautomatic weapons, as the Radical Left antigun mob is aggressively mounting a campaign to ban all of them, not just some of them. Recently, the Radical Left “Mother Jones” made this very point. The title of the article, written by the Blogger, Kevin Drum, says it all: “We Need to Ban Semi-Automatic Firearms.”At least the guy is being honest, and not pretending to convey the impression that most Radical Left antigun proponents attempt to convey to the public, namely, that they wish to ban only some semiautomatic weapons, not all of them, just “weapons of war,” qua “assault weapons.” Were the antigun mob to get their way, an effective ban on some semiautomatic weapons would lead eventually and invariably to a ban on all semiautomatic weapons. And, from there, the Radical Left antigun mob would move for a ban on revolvers, single action and double action; and, on and on, to a ban on single shot firearms and black powder muzzle loaders. The Radical Left intends to confiscate all firearms, thus essentially negating lawful exercise of the right of the people to keep and bear arms.The best way to defend the unalienable right of the people to keep and bear arms is by clashing with the Radical Left elements in Congress and in the populace who seek to destroy it—bringing the fight directly, unabashedly, unreservedly, and forcefully to them.Keep uppermost in mind: the goal of the Radical Left is the same as the goal of transnationalist Globalist Elites. For, they both seek to undermine the United States as an independent sovereign Nation-State—to transform the Nation into a Socialist haven for millions of illegal aliens who have no understanding of our Nation’s history or any appreciation for our Nation’s Constitution, or of the nature of natural rights upon which our free Republic is grounded. The Radical Left and the transnationalists Global elite have no desire to educate illegal aliens, or even legal immigrants, for that matter, that they may readily assimilate; for, to do so, would defeat the aim of the Radical Left and the transnationalist Global elites, as they are in agreement on what they both seek to accomplish. They seek to effectuate a massive political, social, cultural, and economic transformation of our Country and, thereby, to bring the United States into the fold of the European Union. This was already underway during the Obama era, and it was to continue under Hillary Clinton, had she been “crowned” President.Fortunately, the Clinton Presidency bid failed. But, undaunted, the rapacious forces, that have sought ever to destroy this Nation, fervently desire to get back on track and to get back on track quickly, if need be, no later than 2020. They could not do so to date, try as they did, orchestrating a complex strategy directed to impeaching President Trump and removing him from Office. That didn’t happen. And it isn’t going to happen. But, there is no guarantee that these anti-American forces won’t succeed in sitting a Democratic Party stooge in the White House in 2020, and they are plugging away to do just that. But, in the interim, with their plan of undermining the sovereignty of our Nation—if not sooner, then later—they know they must weaken the Bill of Rights. And to do so, they know they must commence with de facto repeal of the Second Amendment. We see this occurring with the latest call for new curbs on semiautomatic weapons that the Radical Left subsumes under the false vernacular of ‘assault weapon.’ We see it in the Radical Left’s call for universal background checks, whatever that means. And, we see it in the call for application of so-called “Red Flag” laws, throughout the Nation.As the Arbalest Quarrel has previously stated, antigun groups have undertaken three salient tactics in their aggressive assault on the right of the people to keep and bear arms, and these tactics are always taken out of the closet whenever a mass shooting occurs, as such a tragic event operates as a useful pretext for through which the Radical Left antigun zealots assail the Second Amendment again and again.Their tactics include, first, expanding the domain of banned firearms. Americans see this in the ferocious, noxious, incessant attack on semiautomatic firearms, aka, assault weapons.Their tactics include, second, expanding the domain of individuals who are not permitted to own or possess any firearm. Americans see this in the attempt to impose draconian, unconstitutional “Red Flag” laws on thousands of average, law-abiding American citizens. Red Flags operate by turning this Country into a Nation of spies, Shoo-flies. Doing so is the hallmark of the Totalitarian State, where people spy on others and pry into the affairs of others.And, their tactics include, third, making it increasingly difficult for Americans to exercise the right to keep and bear arms—increasingly difficult for those Americans who don’t otherwise fall within a statutory prohibition preventing them from owning and possessing firearms or fall victim to oppressive Red Flag laws.This third tactic involves making gun ownership and possession an administratively demanding, daunting, onerous, expensive, and psychologically depressing experience and proposition for gun owners, as gun owners will never know when something they do or something they say might tend to negatively impact continued exercise of their Second Amendment right. Radical Left antigun elements in our Nation, along with their transnationalist benefactors, know that one major stumbling block to defeating the Second Amendment and, in fact, one major stumbling block in compromising any of the other Nine Amendments to the U.S. Constitution that comprise our Bill of Rights, is to effectuate a change in the way in which Americans view their Bill of Rights, to change their mindset. What does that mean? Just this: The founders of our Free Republic perceived the Bill of Rights to comprise laws intrinsic to man. That is to say, the founders perceived the rights, codified in the Bill of Rights, to precede the creation of the Nation. They perceived the rights as an indelible part of the psyche of man. And, what does that mean? It means that the first Ten Amendments comprise rights and liberties bequeathed to man by the Divine Creator. This is what the founders meant by referring to the rights as fundamental, unalienable, and immutable. Since such rights are not created by man, no man can lawfully or morally rescind those rights. This proposition entails that Government, as a man-made construct, cannot lawfully or morally rescind the rights embodied the Bill of Rights, either.For the Radical Left and their transnationalist benefactors, these ideas, that serve both as the cornerstone of our Constitutional Republic, and the cornerstone of individual autonomy, are an anathema. That is why they feel obliged to ignore, modify, abrogate or utterly erase any Right set forth in the Bill of Rights, when circumstance, as they see it, dictates, or mere fancy happens to affect them. For both the Radical Left and for their transnationalist benefactors, no rights and liberties exist that are not perceived as man-made, bestowed on man by other men or by Government; and, so, they perceive nothing in rights and liberties and laws that isn’t subject to refinement or outright abrogation. This is a very dangerous viewpoint; one that is at loggerheads with the very preservation of our Nation as a free Republic; and one that is at loggerheads with the idea of the dignity and autonomy of man.We will explore these ideas in depth in the next several articles, utilizing the assertions and policy statements of two Radical Left “Potentates,” New York Governor Andrew Cuomo and U.S. Senator (D-CA), Kamala Harris, as examples of the logically unsound underpinnings of the Collectivist ideology that the Radical Left embraces.We will demonstrate, through an analysis of their assertions and policy statements, the true danger the Radical Left poses to our Nation, to its Constitution and to its people. By extension we will show how the assertions and policy positions of the Radical Left are incoherent and nonsensical, and that, on logical grounds, alone, do not provide an intellectually satisfactory and morally and legally sustainable basis for transformation of this Nation in the way and manner they seek.The Socialist Utopian dream that both the Radical Left and the Globalist “elites” envision, as bringing public order and comfort to its inhabitants, is doomed to failure. Indeed what it is they truly seek to accomplish is more likely a cold calculated ruse in which to bind this Nation to other Western Nations, in a reprehensible attempt to effectuate a one world Socialist union of once independent nation-states. In that effort, if they succeed, we will witness the dire realization of a Radical Left Socialist Dystopian nightmare; a nightmare that will bring misery, remorse, and profound unease to us all.__________________________________________________________Copyright © 2018 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.

THE ISSUE OF CURBING VIOLENCE IN OUR SCHOOLS DOES NOT DEVOLVE TO SIMPLY BANNING GUNS. IT IS MORE COMPLEX, ELUSIVE, NUANCED.

PART FIVE

STUDENTS MUST BECOME CRITICAL THINKERS, NOT “PARROTS” OF THOSE WHO HARBOR ULTERIOR MOTIVES.

Peaceful protest isn’t a bad thing. The youth of our Nation, as citizens of the United States, have a Constitutional right to do so as the right of the people to peaceably assemble is a fundamental right, specifically codified in the First Amendment to the U.S. Constitution, along with freedom of speech, freedom of the Press, the right of the people to petition the government for a redress of grievances, and the right to the free exercise of religion. These rights are broad in scope and critical to the maintenance of a free Republic. The danger of protest rests when there exists a hidden agenda behind the protest, unbeknownst to those that take to protest.On March 24, 2018, hundreds of thousands of young people, including adults, turned out to protest violence in our Nation’s schools. The horror that took place in Marjory Stoneman Douglas High School served as the impetus for the protest. Last February 2018, a deranged young man, Nikolas Cruz, whom School Officials had expelled for multiple serious disciplinary violations, walked unimpeded into the School, and proceeded to murder 17 students, including teachers, using a semiautomatic long gun, modeled on the “AR-15” platform.Organizers of the March 24 protest on our Nation’s Capital on Saturday, March 24, 2018 called it, “March for Our Lives.” The New York Times banner headline on Sunday, March 25, 2018, says something different however: "With Passion and Fury, Students March on Guns."Students across the Country are furious—and rightfully so—at the failure of Government, to protect them, as students are vulnerable to violence when in school. How it is that a seriously disturbed individual, Nikolas Cruz, who was on the radar of both the FBI and the Broward County Sheriff’s Office, and who, on several occasions, had openly expressed a desire to kill, could gain access to a firearm and ammunition, and who then could act on that desire, speaks of gross incompetence and glaring ineptitude, on multiple Governmental levels? Then there is the failure of an armed Broward County Deputy Sheriff—a Resource Officer, assigned to the School, and of other Broward County Deputy Sheriffs, who shortly arrived on the scene—whose actions or, rather, inactions, must be   singled out. Broward County Deputy Sheriff, Scott Peterson, and other Broward County Deputy County Sheriffs failed to confront and stop Nikolas Cruz. They all consciously, intentionally, refrained from entering the School building to confront Nikolas Cruz, even though they heard gunshots in the School, and knew or had every reason to conclude that, every time they heard a gunshot, an innocent person had died. Bald-faced cowardice, cannot be ruled out.Students have a right to ask of Government, that is charged to protect them, why Government failed them. This failure must be addressed and then redressed. Action must be taken to protect our schools with appropriate security. Competent, armed individuals, both physically capable of action and psychologically predisposed to act in a life-threatening situation, must be a component of an effective school security program.

FIREARMS, OF THEMSELVES, DO NOT CAUSE VIOLENCE BECAUSE THEY ARE OBJECTS, NOT AGENTS.

As for the root cause(s) why more violence occurs in our schools, this is a complex issue, with no simple answer or remedy. Unfortunately, in the face of overwhelming horror and tragedy, there is a normal tendency to look for a “quick fix,” and there are those who jump at the chance to funnel through the mainstream media, to the public, a  simple answer—more stringent gun laws, commencing with an outright ban on civilian ownership and possession of all semiautomatic long guns, defined as ‘assault weapons,’ including a ban on large capacity ammunition magazines.Antigun advocacy groups have argued, for decades, for further restrictions on civilian access to semiautomatic firearms, defined as ‘assault weapons.’ Of course, the definition of ‘assault weapon,’ is amorphous, as the phrase is a political invention, not an industry or military term of art. Those jurisdictions that generally ban possession of “assault weapons” in the hands of the American civilian citizenry, have defined the expression, ‘assault weapon,’ in different ways. In fact, under New York law at least one category of weapon, the revolving cylinder shotgun, is defined in law, an ‘assault weapon,’ even though, given the revolving cylinder shotgun’s method of operation, as the name makes plain, the revolving cylinder shotgun isn’t a semiautomatic weapon at all.Antigun advocacy groups have an agenda and that agenda does not necessarily equate with ensuring a safe school environment. In pursuit of that agenda, these groups have successfully harnessed the anger, hurt, frustration, and legitimate concern of students. The “March for Our Lives” didn’t just happen. It happened for a reason: Antigun advocacy groups and other liberal advocacy groups quietly, behind the scenes, harnessed student anger and redirected it. They redirected student anger, hurt, and frustration away from an attack on the failure of some State and local governmental authorities to provide students with a safe and secure environment, where student anger, frustration and hurt should have been focused, or should rightfully have remained, to an attack on "the gun" qua "assault weapon." Thus, instead of encouraging young people to take part in an open, frank, and intelligent discussion on the root causes of violence in our society and how it is and why it is some people erupt into an orgy of horrific violence and how State and local governments, in the interim, may implement reasonable security measures in schools, to protect students, we see antigun advocacy groups, and other advocacy groups in agreement with them, ratcheting up student anger to the point where that anger explodes into a paroxysm of rage launched specifically and solely against an inanimate object.An undertaking of this magnitude requires, money, organization, and coordination well beyond the capacity of young people to engineer. The billionaire Michael Bloomberg, through his antigun advocacy group, “Everytown for Gun Safety,” organized, funded, and coordinated the rally. This isn’t supposition, it is fact, as reported by CNN, and as Bloomberg’s group itself readily admits.

WOULD A WHOLESALE BAN ON SEMIAUTOMATIC LONG GUNS, MODELED ON THE ORIGINAL AR-15 ARMALITE SEMIAUTOMATIC RIFLE, PREVENT A RECURRENCE OF GUN VIOLENCE IN OUR NATION’S SCHOOLS?

An outright ban on an entire category of weapons in common use would not prevent further gun violence. A federal ban on so-called ‘assault weapons,’ implemented in 1994, was tried. That ban failed to prevent many mass shootings. The ban expired in 2004 through a sunset provision, and Congress did not reauthorize it. We have seen, since, violent acts committed, not only with so-called “assault weapons,” but with other objects, including, knives, bombs, and even trucks.“Everytown for Gun Safety,” and like-minded antigun advocacy groups argue that violence in our schools, and in public spaces generally, can be prevented or significantly reduced if Government, local, State, and Federal, would simply prohibit civilian access to firearms. Whether these antigun activist groups truly believe that, is unlikely. Their goal, if achieved, would not eliminate or even reduce violence in schools or in the greater society. They must know this. Their goal, if achieved, would have the negative effect of leaving the civilian population of this Country essentially defenseless. The tacit but obvious impetus of these antigun advocacy groups is to effectuate Government control over the citizenry. The goal of these groups is not to promote public safety, express claims to the contrary, notwithstanding.The fact of the matter is that, even if antigun advocates were successful in removing every firearm presently in the possession of honest, law-abiding, average, rational American citizens who desire to exercise their fundamental, inalienable, natural right to keep and bear arms who comprise the vast civilian citizenry of firearms’ owners in this County, that would do nothing to curb violent acts. A simplistic fix that happens, not unsurprisingly, to cohere with the personal agenda of antigun advocacy groups—destruction of the Second Amendment—isn’t the panacea for effectively dealing with a culture of violence endemic in our Nation, contrary to the supposition of antigun activists and contrary to their rhetoric. It is a recipe for disaster. First, the antigun activists’ simplistic fix leaves the American citizenry defenseless. Second, the abridgement of the American citizenry’s fundamental rights and liberties—reflected, first and foremost in an armed citizenry—is inconsistent with the continued conservation and preservation of a free Republic, rooted in our Nation’s history. Third, such abridgement of our fundamental rights and liberties is inconsistent with the basic principle upon which those sacred rights and liberties rests: the sanctity, autonomy, and inviolability of the American citizen.Until Americans, including the youth of our Nation, are willing to look deeply and seriously at the true root causes of violence that infects and infests our Country, rather than excoriating guns as the salient cause of violence and mischief in our Nation in accordance with the dictate of antigun advocacy groups, violence will not appreciably be forestalled or constrained; for violence, ultimately, exists in the heart of individuals, not in such inanimate objects they happen to wield. Any object—a gun, a knife, a vehicle, a chainsaw, or any other tool—can be used by a sentient being for good or ill.Young people, especially, must learn to think through an issue calmly, not rashly. Unfortunately, those individuals and groups that have a personal agenda to serve, have irresponsibly coopted the rightful anger and hurt of young people to assist them in pursuit of a singular goal: divesting the civilian population of this Country of their firearms. The young people must resist the urge to serve antigun groups as their servants or proxies. Antigun groups are very good at coaxing young people to join them in service to a personal agenda: gun control, culminating in gun confiscation. Instead, the young people of our Nation might more effectively use intellectual rigor to explore the root causes of violence in our society. In the interim Government at the federal, State, and local levels, can and must design and implement plans to secure our schools from threats of harm. Violence is, unfortunately, persistent in our Nation. But, violence is endemic in many other Western nations, too, even as those other Western nations have rigidly suppressed individual ownership and possession of firearms.A viable security plan to protect students from harm never existed in Marjory Stoneman Douglas High School. But other Schools across the Nation that have implemented effective security, have been free from deadly threats to students and to teachers. That means all schools must embrace a proactive, not reactive, stance to threats of violence of any kind. A sound plan to protect students is doable and helpful. Going after guns is not._________________________________________________Copyright © 2018 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.

ANTIGUN ACTIVISTS’ RELENTLESS ASSAULT ON LONG-GUNS

PART FOUR

MARJORY STONEMAN DOUGLAS HIGH SCHOOL STUDENTS WITH THE ACTIVE ASSISTANCE OF ANTIGUN AND OTHER RADICAL GROUPS PURSUE ANTI-SECOND AMENDMENT AGENDA THAT HAS NOTHING TO DO WITH ENHANCING SCHOOL SAFETY AND SECURITY.

ANTIGUN ACTIVISTS TARGET SEMIAUTOMATIC LONG-GUNS FOR ELIMINATION THROUGH SCHOOL-AGE CHILDREN: THE PROXIES FOR ANTIGUN GROUPS.

Make no mistake: the relentless assault on semiautomatic long-guns that antigun activists call “assault weapons” is itself an assault on civilian ownership of all semiautomatic weapons, not merely some of them. This relentless assault on so-called “assault weapons” is an attack on the natural and sacred right of the people to keep and bear arms, codified in the Second Amendment to the U.S. Constitution.American citizens should not believe for a moment that antigun activists and their cohorts in State legislators and in Congress, and those who echo their sentiments in Hollywood and in the mainstream media, and the billionaire benefactors behind the scenes who fund the effort to destroy our sacred rights and liberties do not—all of them— seek to end civilian gun ownership in this Country. They say they merely support “common-sense” gun laws and “sensible” constraints on gun ownership. But their principal goal is confiscation and eventual elimination of all firearms in the hands of civilians.Through enactment of the National Firearms Act of 1934, civilian access to selective-fire and fully automatic firearms has been effectively eliminated. Since that time antigun activists have attempted, with varying degrees of success, to ban semiautomatic guns defined as ‘assault weapons.’ But, the distinction between semiautomatic handguns and semiautomatic long guns construed as ‘assault weapons,’ that antigun activists and legislators feel American civilians should not be permitted to own and possess, is fuzzy. Each State has its own legal standards.Against the backdrop of the Marjory Stoneman Douglas High School tragedy, many jurisdictions are enacting or are attempting to enact increasingly more onerous firearms laws. The distinction between semiautomatic weapons defined as banned ‘assault weapons’ and those that aren’t is becoming increasingly tenuous. Antigun activists and antigun legislators strive to cast ever more semiautomatic handguns and long guns into the ‘assault weapon’ banned category.

ANTIGUN ACTIVISTS SEEK TO END CIVILIAN OWNERSHIP OF ALL SEMIAUTOMATIC WEAPONS IN THE UNITED STATES, NOT MERELY SOME OF THEM.

In a recent March 2, 2018 article, titled, “With AR-15s, Mass Shooter Attack with the Killing Power of Many U.S. Troops,” posted in the National Section of the paper edition of The New York Times newspaper, and published digitally, on February 28, 2018, under the title, "With AR-15-s, Mass Shooters Attack With the Rifle Firepower Typically Used by Infantry Troops," Times’ reporters wrote a lengthy article on semiautomatic long guns that was uncharacteristically discerning. In hundreds of earlier articles, NY Times reporters, Op-Ed columnists and NY Times contributors--and those writing for other mainstream newspapers--carelessly, and clumsily, refer to the semiautomatic long gun, modeled on the original Armalite AR-15 semiautomatic rifle, as an ‘assault weapon.’ The expression, ‘assault weapon,’ was invented by antigun proponents as a political device to pursue a gun confiscation agenda, attacking an entire category of firearms in common use among the law-abiding American citizens that comprise the civilian population. But the expression, 'assault weapon,' isn't a technically accurate one; and it is not to be confused with the expression, ‘assault rifle,’ which is a technically precise military term of art.Often, in the same newspaper articles, writers will use ‘assault weapon’ and ‘assault rifle’ interchangeably, likely not knowing the difference, and not caring if they did know as the distinction isn’t crucial to the running narrative, which is that both categories of firearms are, as antigun proponents perceive them, "weapons of war"--which is another political phrase, and one also tinged with emotion. "Weapons of war," so the narrative goes, have no place in “civilized” Countries.But, the March 2, NY Times article is decidedly different from previous antigun articles. The reporters here appear intent on demonstrating that semiautomatic long guns, modeled on the progenitor, Armalite AR-15, presently marketed to the civilian population, truly are military weapons and, so, must be banned. In that article, the expression, ‘assault weapon,’ doesn’t even appear.The article is presented as a seeming technical exposition on “AR-15” rifles. The Times reporters, who wrote the article, compare the civilian “AR-15” rifle to various military models. They assert:“The main functional difference between the military’s M16 and M4 rifles and a civilian AR-15 is the ‘burst’ mode on the many military models. . . . But in actual American combat these technical differences are less significant than they seem. For decades the American military has trained its conventional troops to fire their M4s and M16s in the semiautomatic mode—one bullet per trigger pull—instead of on ‘burst’ or automatic in almost all shooting situations. The weapons are more accurate this way and thus more lethal.” Consider these remarks for a moment. The NY Times reporters are using quasi technical exposition here in an attempt to make the case that no appreciable difference exists between “AR-15” rifles and their military counterparts. The reporters argue, tacitly, that  the politically charged expression, ‘assault weapon,’ and the military expression, ‘assault rifle,’ do accurately refer to the same kind of rifle, after all. But, do they? The NY Times reporters remark that many troops are issued military rifles without selective-fire capability at all. They do this in an obvious attempt to dispel the criticism constantly and accurately leveled against mainstream news reporters which is that some semiautomatic rifles marketed to the civilian population may exhibit superficial, cosmetic similarities to military rifles, but these rifles are functionally different from military rifles. Yet, in the recent NY Times article, the reporters categorically state that AR-15 semiautomatic rifles are functionally equivalent to military M4 and M16 assault rifles. But are they? The reporters assert:“The NRA and other pro-gun groups highlight the fully automatic feature in military M4s and M16s. But the American military, after a long experience with fully automatic M16s reaching back to Vietnam, decided by the 1980s to issue M16s and later M4s to most conventional troops without the fully automatic function,* and to train them to fire in a more controlled fashion. What all this means is that the Parkland gunman, in practical terms, had the same rifle firepower as an American grunt using a standard infantry rifle in the standard way.”It is abundantly clear that the Times’ reporters—clearly speaking for antigun proponents generally—are targeting all semiautomatic weapons for elimination, not merely some of them. They attempt to get across the idea that since any semiautomatic weapon is capable of rapid, controlled fire, all semiautomatic weapons represent a threat to public safety and must be eliminated—long guns and handguns.

THE STATE OF THE LAW ON SEMIAUTOMATIC RIFLES MODELED ON THE ORIGINAL ARMALITE (“AR-15”) SEMIAUTOMATIC RIFLE

The federal ban on “AR-15” rifles expired in 1994 when the 10-year sunset provision kicked in. But many States have enacted their own laws, banning these rifles. Two cases on whether so-called “assault weapons” fall within the core protection of the Second Amendment went up to the U.S. Supreme Court on a writ of certiorari. One of them, Kolbe vs. Hogan, 849 F.3d 114, 2017 U.S. App. LEXIS 2930 (4th Cir. 2017), en banc, cert. den., 138 S. Ct. 469, 199 L. Ed. 2d 374, 2017 U.S. LEXIS 7002, 86 U.S.L.W. 3264, was denied a hearing and review by the U.S. Supreme Court, without comment. An earlier case involving the issue, Friedman vs. City of Highland Park, 784 F.3d 406, 2015 U.S. App. LEXIS 6902 (7th Cir. Ill., 2015), cert. den., 136 S. Ct. 447, 193 L. Ed. 2d 483, 2015 U.S. LEXIS 7681, was denied but over a vigorous dissent from Justice Clarence Thomas, with the late Justice Antonin Scalia joining Thomas in the dissent.Justice Thomas stated in pertinent part:“The City’s ban is thus highly suspect because it broadly prohibits common semiautomatic firearms used for lawful purposes. Roughly five million Americans own AR-style semiautomatic rifles. See 784 F. 3d, at 415, n. 3. The overwhelming majority of citizens who own and use such rifles do so for lawful purposes, including self-defense and target shooting. See ibid. Under our precedents, that is all that is needed for citizens to have a right under the Second Amendment to keep such weapons. See McDonald, 561 U. S., at 767-768, 130 S. Ct. 3020, 3036-3037, 177 L. Ed. 2d 894, 914-915; Heller, supra, at 628-629, 128 S. Ct. 2783, 2817-2818, 171 L. Ed. 2d 637, 679-680.The Seventh Circuit ultimately upheld a ban on many common semiautomatic firearms based on speculation about the law’s potential policy benefits. See 784 F. 3d, at 411-412. The court conceded that handguns — not ‘assault weapons’ — ‘are responsible for the vast majority of gun violence in the United States.’ Id., at 409. Still, the court concluded, the ordinance ‘may increase the public’s sense of safety,’ which alone is ‘a substantial benefit.’ Id., at 412. Heller, however, forbids subjecting the Second Amendment’s ‘core protection . . . to a freestanding ‘interest-balancing’ approach.’ Heller, supra, at 634, 128 S. Ct. 2783, 2821, 171 L. Ed. 2d 637, 683. This case illustrates why. If a broad ban on firearms can be upheld based on conjecture that the public might feel safer (while being no safer at all), then the Second Amendment guarantees nothing."The Court’s refusal to review a decision that flouts two of our Second Amendment precedents stands in marked contrast to the Court’s willingness to summarily reverse courts that disregard our other constitutional decisions. . . . There is no basis for a different result when our Second Amendment precedents are at stake. I would grant certiorari to prevent the Seventh Circuit from relegating the Second Amendment to a second-class right."Despite the opinion of a U.S. Supreme Court Justice, antigun proponents, including those occupying the lower appellate and district courts, evidently don’t give a damn either for high Court precedent or for our sacred, natural right, codified in the Second Amendment.And, this brings us to critical Second Amendment Soto vs. Bushmaster Firearms International, LLC., 2016 Conn. Super. LEXIS 2626; CCH Prod. Liab. Rep. P19,932, which the Arbalest Quarrel has written extensively about and will continue to do so. See, e.g., the AQ article, Soto vs. Bushmaster: Antigunners Take Aim at Gun Manufacturers.The Soto case arises from the deadly attack that occurred on December 14, 2012, in Newtown, Connecticut, when a deranged young adult, Adam Lanza, 20 years old, stormed Sandy Hook Elementary School, fatally shooting twenty children and six adults, before turning a handgun on and killing himself. According to the allegations of the Soto Plaintiffs' First Amended Complaint (CM), Adam Lanza murdered these school children and school staff with a Bushmaster AR-15, model XM15-E2S rifle.The Soto Plaintiffs contend that the Defendant, Bushmaster (Remington), manufacturer of the weapon, specifically, a Bushmaster AR-15, model XM15-E2S rifle, which, as alleged, the killer, Adam Lanza, used to commit the murders at Sandy Hook Elementary School—along with the firearms’ distributor and dealer who served as the intermediaries through which the weapons were sold to the killer’s mother, and ultimately fell into the hands of the killer, Adam Lanza—bears legal, not merely moral, responsibility for the deaths of children and adults that occurred at Sandy Hook Elementary School in Newtown, Connecticut, and that, this is due to the fact of Defendant Bushmaster’s marketing of its AR-15 rifle to the entirety of the civilian population in this Country, and the manner in which the Defendant manufacturer, Bushmaster marketed its AR-15 model semiautomatic rifle to the entirety of the civilian population in this Country.The Protection of Lawful Commerce in Arms Act (the ‘PLCAA’), Pub. L. No. 109-92, 119 Stat. 2095. 15 U.S.C. §§ 7901-03 (2005). The PLCAA provides immunity to firearms manufacturers and dealers from any lawsuit, pending or otherwise, fitting the Act's definition of a ‘qualified civil liability action.’ 15 U.S.C. §§ 7902-03, and the trial Court found for the Defendants’ on Defendants’ Motion to Dismiss. Plaintiffs appealed the adverse decision directly to the Connecticut Supreme Court, and the State high Court agreed to hear the case.Soon, the State Supreme Court of Connecticut will decide whether to affirm the trial Court’s decision dismissing Plaintiffs suit or remand the Soto case to the Superior Court of Connecticut. The State Supreme Court should affirm the trial Court and not remand the case. In fact, the State Supreme Court shouldn’t have agreed to hear the case in the first place since the PLCAA makes clear that plaintiffs in the Sandy Hook Elementary School cannot overcome Defendants’ qualified immunity. If, though, the case is remanded to the trial Court and if the trial Court reverses its previous stance, that can have dire consequences for manufacturers of semiautomatic rifles modeled on the Armalite AR-15. We shall wait and see. The Wall Street Journal, in an article, titled, “Key Gun Case Awaits Ruling in Connecticut,” published on March 17, 2018, discussing the Soto case, and posted online under the title, "The Court Case Making Gun Manufacturers Anxious," hints that the Connecticut Supreme Court may soon issue a ruling.The question is whether the Connecticut Supreme Court will be swayed by political considerations in light of the Marjory Stoneman Douglas High School shooting incident. It shouldn’t, but, as the matter of semiautomatic long guns is now front and center in the public’s psyche due to massive negative coverage by the mainstream media, and, as we know that liberal Courts that have a dim view concerning the Second Amendment, it is anyone’s guess how the Connecticut Supreme Court will proceed. We must wait and see.This much, we do know, despite the opinion of a U.S. Supreme Court Justice, antigun proponents, including lower Appellate and District Court antigun judges, don’t give a damn either for high Court precedent or for our sacred, natural right, codified in the Second Amendment. Lest there be any doubt about this, consider the words of the antigun New York Times Op-Ed Columnist, Bret Stephens, who made the following remark in an NY Times OP-Ed, posted, on February 16, 2018, titled: "To Repeat: Repeal the Second Amendment."“We need to repeal the Second Amendment because most gun-control legislation is ineffective when most Americans have a guaranteed constitutional right to purchase deadly weaponry in nearly unlimited quantities.” Hey, Bret—Any firearm is potentially deadly. The question is whether the person wielding it is responsible. And, Bret, how much ammunition is too much? Our guess is that for you, Bret, and for other like-minded sanctimonious antigun activists, even one round is too much.____________________________________*The Arbalest Quarrel contacted an expert on small arms weaponry. The Times' reporters' assertion is absolutely false. "Assault rifles" marketed to the military have two main configurations. One configuration has a three-way selector for the following three modes: safe, semiauto, and full auto. The second configuration has a four-way selector for four modes: safe, semiauto, full auto, and burst. Consider, if a military configuration were limited to semiauto mode only, there would be no reason for any rifle to have anything other than the "AR-15" designation as semiautomatic rifles issued to military troops would in fact be identical to the semiautomatic rifles presently marketed to the civilian population. It is true that Army troops and Marines are trained to use semiautomatic fire or burst fire in many instances in order to conserve ammunition and for accuracy. But, for extraction and when charging an enemy position head-0n, full auto is tactically necessary: hence, the need for a selector switch on military models, to serve varying combat needs. The NY Times reporters deviously mix pertinent facts with critical omissions, including an out-and-out lie. Deceptive "fake news" reporting is, unfortunately, to be expected from the mainstream Press as the Press promotes an agenda, and we see deceptiveness in abundance in this "news" article. The mainstream Press is in the business of propagandizing, of psychologically conditioning the American public to perceive the world in a false light. The Press is no longer in the business of informing and enlightening the public, if it ever were in the business of presenting factually accurate news accounts._________________________________________________Copyright © 2018 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.

WESTCHESTER COUNTY EXECUTIVE GEORGE LATIMER’S ORDER, BANNING PUBLIC GUN SHOWS, LIKELY VIOLATES FIRST AND SECOND AMENDMENT RIGHTS.

CAN A STATE OR ANY JURISDICTION WITHIN A STATE BAN PUBLIC GUN SHOWS OUTRIGHT, WITHOUT ILLEGALY TRAMPLING THE FUNDAMENTAL RIGHT OF THE PEOPLE TO KEEP AND BEAR ARMS?

“And, now, come to this spot Where the spotlight is hot And you’ll see in the spotlight A Juggling Jott Who can juggle some stuff You might think he could not. . . Such as twenty-two question marks, Which is a lot. Also forty-four commas And, also, one dot! That’s the kind of Circus McGurkus I’ve got!” ~ From the Children’s Book, “If I Ran the Circus," by Dr. Seuss (published by Random House 1956) 

We see with disturbing regularity, Governments, be they the federal Government, a State Government, or Government of a County, township, or municipality, blindly, indiscriminately, with stunning alacrity, and feverish abandon, enacting laws, codes, regulations, ordinances, or, as in the case, recently, in the County of Westchester, in the State of New York, an Executive Order that negatively impacts substantive, fundamental Constitutional Rights. Those in power, like the Westchester County Executive, George Latimer, seek, in the fiefdom, they "rule," a fanciful, but nightmarish world, a personal circus, that mirrors a conception of reality acceptable to them--a conception of reality consistent with their personal philosophy and ethical system but one at once inconsistent with the blueprint for a free Republic that the founders of our Nation designed and established for the American people, and one inconsistent with the rights and liberties that the framers of our Bill of Rights insisted on as a critical component of the Nation's Constitution, as a safeguard against the very actions that people such as George Latimer take. People, like the present Westchester County Executive, filled with their own smug certainty of what is right and proper, would dare to force the ordinary citizens, who reside in their domain of power, to live in the "circus" they create, compelled to obey and abide by the law they lay down, irrespective of natural law, codified as sacred rights and liberties comprising our Bill of Rights--rights existent intrinsically in each American citizen, as placed in each American soul, by the hand of the Divine Creator, that no man, acting as a demigod, may rationally and lawfully counteract or nullify.

WESTCHESTER COUNTY EXECUTIVE GEORGE LATIMER OVERTURNS THE ORDER OF HIS PREDECESSOR, ROB ASTORINO.

On January 2, 2018, George Latimer, a Democrat, took the oath of Office in his White Plains, New York Office, as the new County Executive of Westchester County, and wasted no time to attack the Second Amendment to the U.S. Constitution. “On his second day as Westchester County Executive, George Latimer delivered on a promise from in [sic] his campaign, and signed an Executive Order prohibiting the sale of guns on Westchester County property.” What precipitated this Executive Order? Apparently, George Latimer sought to reimpose on the American public that resides in Westchester County an earlier ban on public gun shows ordered by a prior Westchester County Executive, Andrew J. Spano, that had been lifted by George Latimer's immediate predecessor, Rob Astorino. As explained, further, on the Westchester Government website,“In 1999, gun shows were banned at the Westchester County Center by former County Executive Andrew J. Spano [a Democrat] in the wake of the mass shooting at Columbine High School in Colorado. That prohibition was later revoked by Latimer’s immediate predecessor [Rob Astorino, a Republican].‘Westchester County government should not be in the business of advancing the sale of weapons and other items often sold at gun shows – plain and simple,’ said Latimer. ‘This is not a restriction on gun shows in the entire county, but rather just on public land.’Text from the Executive Order states that 'WHEREAS, recreational County facilities always serve our residents best when used for sporting events, concerts, trade shows, and educational opportunities for our youth. Gun shows are not what taxpayer financed property should be used for.'"Several websites dryly report this event; several with approval, some not.The seesawing of actions, up and down, back and forth—where one Westchester County Executive bans public guns shows, another County Executive lifts the ban, and a third County Executive reimposes the public gun show ban—reflects a clash of philosophies pertaining to import and purport of the Second Amendment, and to the First Amendment to the U.S. Constitution as well, played out on a small scale. How this clash of philosophies ultimately pans out, when fought out on the broad national scale, in Congress and in the U.S. Supreme Court, though, will have, for the American citizenry, vast implications and ramifications, for good or ill, for generations of Americans to come.

THE INDEFATIGABLE OBSTINANCE OF THOSE FORCES THAT DENIGRATE AND REFUSE TO TOLERATE THE RIGHT OF THE PEOPLE TO KEEP AND BEAR ARMS KNOWS NO BOUNDS.

George Latimer's Executive Order, banning public gun shows in Westchester County, represents the latest effort of antigun forces to place obstacles in the path of those American citizens who, as Latimer and his fellow travelers see it, have the audacity to exercise the natural and fundamental right of the people to keep and bear arms that the framers codified in the Bill of Rights of the U.S. Constitution. The framers, for their part, with clarity of foresight, provided to them with guidance from Divine Providence, saw abundant need for this sacred right to be codified in the Bill of Rights. The framers of the Bill of Rights, the founders of our free Republic, knew full well that nothing but force of arms serves to check tyranny and nothing but force of arms best protects the life, well-being, and sanctity of the individual. Thus, as Latimer and his cohorts in the antigun conspiracy take exception with those American citizens who wish merely to exercise, unimpeded, the right to own and possess firearms for their protection and to safeguard the continued existence of a free Republic, George Latimer and his antigun cohorts must also take exception with the framers of the Bill of Rights, for it is they, who made clear enough, beyond the power of anyone to ignore, that the right of the people to keep and bear arms does exist, that the right is sacred and indelible, and that this right, more than any other, defines our Nation and defines what it means to be an American citizen.

GEORGE LATIMER LAYS OUT FOR THE MAINSTREAM NEWS MEDIA PRESS THE PREDICATE BASIS FOR HIS EXECUTIVE ORDER BANNING PUBLIC GUN SHOWS IN WESTCHESTER COUNTY, SIGNALING HIS VEHEMENT DISAPPROVAL OF FIREARMS AND HIS STRONG DISAPPROVAL OF THE RIGHT OF THE PEOPLE TO KEEP AND BEAR ARMS, CODIFIED IN THE SECOND AMENDMENT TO THE U.S. CONSTITUTION.

Where George Latimer’s sympathies lie on matters pertaining to the right of the people to keep and bear arms, one can readily ascertain. Talking to the Press, Latimer resorts to use of simplistic, superficial, banal political oratory, eschewing erudite, logical discourse—treating the public with condescension and contempt, as politicians customarily and most sadly do—punctuating his well-rehearsed talking points with the confident self-assurance and moral certitude of a televangelist delivering a weekly sermon to his TV audience. “Latimer said Tuesday that gun shows do not represent the family values reflected in the other events held at the county facilities. The ban is not a restriction on gun shows in the entire county, but just on public land, he said. ‘The County Center hosts basketball, Westchester Knicks play there in the developmental league, we have had the Harlem Globetrotters come in for performances, we have a bridal show coming up, we have a model train show that normally comes into the arena, we have job fairs and high school graduations and concerts, all very friendly family fare,’ he said.”The County Executive, George Latimer, also proclaims: “I believe the majority of the Board of Legislators, and myself as executive, believe very strongly that this is the wrong venue for a gun show. . . .” Well, who would dare oppose George Latimer; for, after all, as stated in County Code: “The County Executive shall be the chief executive and administrative officer of the county and the official head of the county government.” Westchester County Code of Ordinances, Part I, Charter, Article 110, County Executive.

COUNTY EXECUTIVE GEORGE LATIMER’S BAN ON PUBLIC GUN SHOWS IN WESTCHESTER COUNTY SIGNALS HIS SUPPORT OF GOVERNOR ANDREW CUOMO’S ANTAGONISTIC ATTITUDE TOWARD GUNS AND THE GOVERNOR'S ANTAGONISTIC ATTITUDE TOWARD THE EXERCISE OF THE RIGHT OF THE PEOPLE TO KEEP AND BEAR ARMS, CODIFIED IN THE SECOND AMENDMENT TO THE U.S. CONSTITUTION.

As George Latimer, County Executive, sets his imprimatur on the County level, one would do well to recall Governor Andrew Cuomo’s own actions, negatively infringing the Second Amendment right of the people to keep and bear arms, on the State level. After all, it was Governor Cuomo who signed into law, on January 15, 2013, and who exclaims with visible pride, enactment of the New York Secure Ammunition and Firearms Enforcement Act of 2013 (NY Safe Act), one of the most restrictive and draconian set of firearms laws ever to be enacted in the United States—and a direct and clear repudiation of and affront to the fundamental right, codified in the Second Amendment to the U.S. Constitution. Other anti-Second Amendment Governors have used the NY Safe Act as a model for enactment of their own restrictive firearms laws. And, on the national stage, U.S. Senator Dianne Feinstein had envisioned and had hopes of engineering similar NY Safe Act legislation for the entire Nation—a direct and cold and calculated and audacious challenge to any American citizen who might wish to exercise his or her fundamental right to keep and bear arms. Fortunately, she did not succeed in that endeavor. But, like a true fanatic, she employs indefatigable resolve, constantly introducing anti-Second Amendment bills in the U.S. Senate, and forever scheming behind closed doors.Antigun Politicians like Governor Andrew Cuomo and Westchester County Executive, George Latimer, and Senator Dianne Feinstein know they can always rely on the mainstream news media to trumpet, with great fanfare, their antigun message.

THE MAINSTREAM NEWS MEDIA “PRESS” SERVES IS OWN ENDS, AND THOSE OF ITS BENEFACTORS—THE WEALTHY, POWERFUL, RUTHLESS INTERNATIONALIST, TRANS-NATIONALIST GLOBAL “ELITE” THAT IT OBSEQUIOUSLY SERVES—TO DENIGRATE, INCESSANTLY, UNCEASINGLY, THE FUNDAMENTAL RIGHT OF THE PEOPLE TO KEEP AND BEAR ARMS, CODIFIED IN THE BILL OF RIGHTS.

Arguably, one of the most unforgiveable actions of the ‘mainstream news media’—where the expression, ‘mainstream news media,’ is generally equated with the term, 'Press,' as the word, ‘Press,’ appears prominently in the First Amendment of the Bill of Rights of the U.S. Constitution —is that the Press, id est, “this mainstream news media Press,” fails to defend the fundamental right of the people to keep and bear arms, as codified in the Second Amendment. That is bad enough. Worse, the mainstream news media Press caustically, audaciously, and emphatically attacks those who defend the right codified in the Second Amendment. This mainstream news media Press, scurrilously abets the actions of those governmental leaders, who, with the power they wield through the Legislative Office they hold, do their utmost to undermine, rather than defend the right.Mainstream news media organization newspaper publishers like The New York Times, Chicago Tribune, Washington Post, The Guardian, and USA Today, and mainstream news media broadcast outlets like ABC, MSNBC, CBS, CNN, PBS, and BBC all provide a quick and ready and willing forum for those Congressional and State legislators and for those antigun proponents and antigun provocateurs and for those obstreperous left-wing agitators that allows them to malign those American citizens who hold to traditional American values and who seek to exercise their fundamental right to keep and bear arms. With customary malicious and malevolent bravado, and self-assured smugness, these mainstream news media newspapers and other mainstream media news organizations and their affiliates denigrate the Second Amendment and denigrate those who support it and denigrate those who support the framers' conception of the other Nine Amendments as well. Through their commentary and  Op-Eds, and through their news reporting, too--where mainstream media news coverage is seen less as hard, so-called "straight" news and more as editorial slants posing as news stories--these mainstream media news organizations deliberately and disingenuously concoct a central theme, a story-line, a story narrative, that, day-by-day, builds upon the story of the day before, not unlike what one sees when reading a work of fiction,that, chapter by chapter, builds sequentially on what came before, to a pre-ordained conclusion that the author mandates in the template for the work of fiction that the author creates.This same mainstream news media Press malevolently assails, with sanctimonious conviction and obvious glee, anyone who might dare challenge its pronouncements; for, the Press quickly reminds the American public that freedom of the Press is, after all, a fundamental right, even as that same Press insists that the right of the people to keep and bear arms isn’t. The irony in the claim—selectively and vehemently defending one fundamental right while viciously attacking another—is, apparently, lost on those who work for the mainstream news media Press, even if that irony isn’t lost on any other American.So, it should not be surprising that some Governmental leaders operate with characteristic aplomb and abandon to enact laws and take actions that undercut the right of the people to keep and bear arms as they have a powerful ally in the mainstream news media Press on their side. George Latimer evidently knows he has the backing of this mainstream news media Press, and with this Press on his side, he acts with impunity. Together, with a compliant County Government he leads, he obviously feels confident that his bold, legally dubious Executive Order, banning public gun shows, will go essentially unchallenged. For, who would dare confront him?Well, the Arbalest Quarrel does challenge Westchester County Executive George Latimer’s Order, banning public gun shows in Westchester County. And, we do proclaim loudly, assertively and confidently: Meaningful, compelling, deserving and discerning bases exist, in law, to challenge County Executive George Latimer’s Executive Order, on that portion of the Executive Order we have seen, as posted on the County Government website.Why do we say this? We have the weight of legal authority on our side.

COUNTY EXECUTIVE GEORGE LATIMER’S ACTION, BANNING PUBLIC SHOWS IN WESTCHESTER COUNTY IS LIKELY UNLAWFUL, AND A COGENT LEGAL BASIS EXISTS FOR CHALLENGING THE EXECUTIVE ORDER IN COURT.

Granted, the Arbalest Quarrel hasn’t had an opportunity to review the full text of George Latimer’s Executive Order. The reason is that the full text of the Executive Order has not been published on the Westchester County website. In time, perhaps, the full text of the Executive Order will be posted on the County Government website. There is, apparently, more to it.But, what we do see, from that portion of the Executive Order that has been published, namely that “recreational County facilities always serve our residents best when used for sporting events, concerts, trade shows, and educational opportunities for our youth [because] Gun shows are not what taxpayer financed property should be used for,” says enough for purpose of challenging the lawfulness of the Order. For, consistent with and supportive of George Latimer’s sentiments about firearms and about gun shows, as expressed to the mainstream news media Press, along with the language of the Executive Order itself, we conclude the language of the Order, as buttressed by the Westchester County Executive’s statements to the mainstream news media Press, demonstrate not only the County Executive’s open and visceral abhorrence of firearms, and not only his distaste for the right of the people to keep and bear arms as codified in the Second Amendment to the U.S. Constitution, and not only his contempt for American citizens who wish to exercise that right, but constitute, too, unconscionable violations of the freedom of speech clause of the First Amendment to the U.S Constitution.That portion of the Westchester County Executive Order we have read, be it coupled with the Westchester County Executive’s statements to mainstream media newspapers and broadcast outlets, or not, amounts to an open admission of violation of the freedom of speech clause of the First Amendment.The Arbalest Quarrel will provide an in-depth analysis in a future article. Suffice it to say, here, that George Latimer’s Executive Order, through its very language, contravenes United States Supreme Court law.In critical part, the U.S. Supreme Court stated, in the 1994 case, Turner Broadcasting System vs. FCC, 512 U.S. 622; 114 S. Ct. 2445; 129 L. Ed. 2d 497; 1994 U.S. LEXIS 4831; 62 U.S.L.W. 4647: “At the heart of the First Amendment lies the principle that each person should decide for him or herself the ideas and beliefs deserving of expression, consideration, and adherence. Our political system and cultural life rest upon this ideal. See Leathers v. Medlock, 499 U.S. at 449 (citing Cohen v. California, 403 U.S. 15, 24, 29 L. Ed. 2d 284, 91 S. Ct. 1780 (1971));West Virginia Bd. of Ed. v. Barnette, 319 U.S. 624, 638, 640-642, 87 L. Ed. 1628, 63 S. Ct. 1178 (1943). Government action that stifles speech on account of its message, or that requires the utterance of a particular message favored by the Government, contravenes this essential right. Laws of this sort pose the inherent risk that the Government seeks not to advance a legitimate regulatory goal, but to suppress unpopular ideas or information or manipulate the public debate through coercion rather than persuasion. These restrictions ‘raise the specter that the Government may effectively drive certain ideas or viewpoints from the marketplace.’ Simon & Schuster, Inc. v. Members of the New York State Crime Victims Bd., 502 U.S. 105, 116, 116 L. Ed. 2d 476, 112 S. Ct. 501 (1991). For these reasons, the First Amendment, subject only to narrow and well-understood exceptions, does not countenance governmental control over the content of messages expressed by private individuals. R. A. V. v. St. Paul, 505 U.S. 377, 393, 120 L. Ed. 2d 305, 112 S. Ct. 2538 (1992); Texas v. Johnson, 491 U.S. 397,  414, 105 L. Ed. 2d 342, 109 S. Ct. 2533 (1989). Our precedents thus apply the most exacting scrutiny to regulations that suppress, disadvantage, or impose differential burdens upon speech because of its content. See Simon & Schuster, 502 U.S. at; id., at (KENNEDY, J., concurring in judgment); Perry Education Assn. v. Perry Local Educators' Assn., 460 U.S. 37, 45, 74 L. Ed. 2d 794, 103 S. Ct. 948 (1983). Laws that compel speakers to utter or distribute speech bearing a particular message are subject to the same rigorous scrutiny. See Riley v. National Federation for Blind of N.C., Inc., 487 U.S. at 798; West Virginia Bd. of Ed. v. Barnette, supra. In contrast, regulations that are unrelated to the content of speech are subject to an intermediate level of scrutiny, see Clark v. Community for Creative Non-Violence, 468 U.S. 288, 293, 82 L. Ed. 2d 221, 104 S. Ct. 3065 (1984), because in most cases they pose a less substantial risk of excising certain ideas or viewpoints from the public dialogue.” Let’s deconstruct a portion of this high Court opinion: “At the heart of the First Amendment lies the principle that each person should decide for him or herself the ideas and beliefs deserving of expression, consideration, and adherence. Our political system and cultural life rest upon this ideal.” There is a marked tension between the words of the U.S. Supreme Court and the words expressed in Westchester County Executive’s Order; for the language of the Executive Order stands in clear, categorical defiance to the well-reasoned opinion of the high Court in Turner. Again, the specific language of the Westchester County Executive Order of George Latimer reads: “WHEREAS, recreational County facilities always serve our residents best when used for sporting events, concerts, trade shows, and educational opportunities for our youth [because] Gun shows are not what taxpayer financed property should be used for [emphasis our own].” This is a presumptuous, arrogant assertion. Latimer predicates this Executive Order on, and attempts to support an unlawful and despicable Governmental act on, false moral piety. It is a ruse; no less so, if George Latimer truly believes that his Executive Order is justified because, in his mind, he has generated it from a sense of superior moral conviction, and sees it as an act of beneficence toward the residents of Westchester rather than, for what it really is, an act of defiance toward the supreme authority, establishing, in no uncertain words, the fundamental rights and liberties etched in stone in the Bill of Rights. Yet, Latimer's Executive Order, banning public gun shows in Westchester County, is nothing less than illegal gag order on free expression, posing as a righteous moral edict. For George Latimer is doing no less than thrusting his personal beliefs into the public sphere concerning what he sees, or what he would like to see, as the appropriate use of public County land and what he perceives as not constituting appropriate use of public land. Latimer obviously detests  guns, and he obviously abhors a citizen's exercise of the Second Amendment right to keep and bear arms. By banning public gun shows, George Latimer uses his Office to make manifest in law, to actualize in Westchester County, his personal opinions and pompous high-minded moral judgments of what he deems to constitute appropriate behavior and what he signals as inappropriate behavior, informing residents of Westchester County, in no uncertain terms, as to what constitutes appropriate behavior in the County and what does not. Obviously, for George Latimer, those who wish to promote and hold public gun shows and those who wish to attend public gun shows are both engaging in inappropriate, immoral or amoral behavior, and he has signaled his clear disapproval of that behavior through the Executive Order he has issued on the matter. Undoubtedly, we will see more such Executive Orders emanating from his Office in White Plains, New York.George Latimer takes upon himself the role of guardian of public morality, and he has, through issuance of his Executive Order, given himself, albeit tacitly, the title of High Priest of Moral Order and Rectitude. It is George Latimer who determines what behavior is worthy of free speech protection under the First Amendment and what speech is not worthy of such protection, in Westchester County. Through his actions George Latimer demonstrates the height of arrogance and presumption. He uses a heavy hand to constrain the right of free speech that Westchester County residents might, one would think, reasonably expect is theirs to enjoy, as such right is codified in the First Amendment; and he uses a heavy hand to constrain, as well, the right of the people to keep and bear arms, as codified in the Second Amendment--another fundamental right that Westchester County  residents might, one would think, also reasonably expect is theirs to enjoy. Not so, according to George Latimer. But, the Courts may think differently. Latimer's Executive Order is not likely to stand up to rigorous legal scrutiny. For, contrary to George Latimer’s assertions as manifested in his actions, the Bill of Rights doesn’t stop at the border of Westchester County. Moreover, that the County Executive would deign, at least for a time, to allow gun shows to proceed unimpeded on “private” land within the County, for those Westchester residents who would wish to attend them, the fact that private gun shows may be permitted in Westchester County, when public gun shows cannot, under Latimer's Executive Order, does not suffice to circumvent a charge of Constitutional violations impacting public gun shows, whether private gun shows are a feasible, practical alternative or not.Under our system of laws, as interpreted by the U.S. Supreme Court, consistent with the U.S. Constitution, George Latimer, in his official capacity as the Westchester County Executive, but also as an American citizen, thrusts a personal view toward firearms on others which sees expression as a ban on public gun shows. But, it is one thing for an American citizen to dislike guns, to dislike gun shows, and to dislike the Second Amendment and to hold personal views on what should, in that person's mind constitute limits on free expression under the First Amendment, and, thereupon, to express views consistent with those preferences. That is permitted. That itself reflects a sacred right that an American citizen shall, as he or she wishes, exercise, freely, without constraint. That entails, as well, the sanctity and inviolability of each individual American citizen to be individual--a basic precept that underlies the entirety of the Nation's Bill of Rights. But where, as here, an American citizen—who wields power as a Government official—would dare impose, indeed, inflict, his belief systems on others, by erecting barriers to another American citizen’s fundamental and substantive Constitutional rights, that cannot and must not be borne. Governmental officers are, after all, in this Nation, under our Constitution and under our system of laws, public servants. Their duty is to serve the people, not to command subservience of the people, to bend the will of the American citizenry to that official's will. The Bill of Rights operates as an absolute constraint on the authority of any Governmental official, whether serving at the Federal, State, County, or local level. The Bill of Rights cannot lawfully be overridden, either by Statute or by Executive fiat. The Bill of Rights sets the parameters beyond which no Governmental official is permitted lawfully to enter.The U.S. Supreme Court further stated, in Turner,“As a general rule, laws that by their terms distinguish favored speech from disfavored speech on the basis of the ideas or views expressed are content-based. See, e.g., Burson v. Freeman, 504 U.S. 191, 197, 119 L. Ed. 2d 5, 112 S. Ct. 1846 (1992) (‘Whether individuals may exercise their free-speech rights near polling places  depends entirely on whether their speech is related to a political campaign’); Boos v. Barry, 485 U.S. 312, 318-319, 99 L. Ed. 2d 333, 108 S. Ct. 1157 (1988) (plurality opinion) (whether municipal ordinance permits individuals to ‘picket in front of a foreign embassy depends entirely upon whether their picket signs are critical of the foreign government or not’). By contrast, laws that confer benefits or impose burdens on speech without reference to the ideas or views expressed are in most instances content-neutral. See, e.g.  City Council of Los Angeles v. Taxpayers for Vincent, 466 U.S. 789, 804, 80 L. Ed. 2d 772, 104 S. Ct. 2118 (1984) (ordinance prohibiting the posting of signs on public property ‘is neutral—indeed it is silent—concerning any speaker's point of view’); Heffron v. International Society for Krishna Consciousness, Inc., 452 U.S. 640, 649, 69 L. Ed. 2d 298, 101 S. Ct. 2559 (1981) (State Fair regulation requiring that sales and solicitations take place at designated locations ‘applies evenhandedly to all who wish to distribute and sell written materials or to solicit funds’).”The language of Latimer’s Executive Order is, on its face, content-based, not merely neutral-based. The Executive Order, banning public gun shows in Westchester County, would, therefore, in our estimate, not withstand legal scrutiny if challenged.

CONSTITUTIONAL RIGHTS AND LIBERTIES DO NOT EXIST IN AN ACADEMIC VACUUM. THEY AFFECT THE LIVES OF ALL AMERICANS IN A TANGIBLE WAY; AND TWO OR MORE RIGHTS, SUCH AS THE FREEDOM OF SPEECH OF THE FIRST AMENDMENT AND THE RIGHT OF THE PEOPLE TO KEEP AND BEAR ARMS OF THE SECOND, OFTEN COHERE. THEY OFTEN, AS HERE, IN THE CASE OF AN EXECUTIVE ORDER BANNING PUBLIC GUN SHOWS, GO HAND-IN-HAND.

Much of restrictive gun law legislation, apart from expressly conflicting with the Second Amendment, casts a bright light on the views of those who support such draconian legislation. It is demonstrative evidence for inferring that the proponents of such legislation seek not only to curb exercise of the fundamental, substantive right codified in the Second Amendment, but to curb the American citizen's First Amendment expression of that Second Amendment right. These two Rights go hand-in-hand. When antigun proponents talk disparagingly of a so-called "gun culture" or "culture of guns," that they seek to curb, they really mean to contravene, to place unconstitutional constraints on the free speech clause of the First Amendment too. George Latimer’s Executive Order, unlike many restrictive gun measures, overtly—not merely impliedly—infringes the First Amendment’s guarantee of freedom of speech, afforded all American citizens and would, if challenged, likely be struck down as an unlawful overt and absolute attempt to control content of speech, well beyond the regulation of time, place, and manner of speech. George Latimer seeks to control expression of what to some constitutes an unpopular view as much as he seeks to contain gun shows in Westchester County. He sees public gun shows as unwanted displays of "gun culture" and of the "culture of guns" that he, along with other like-minded antigun proponents and antigun provocateurs denigrate, They thereupon attempt to contain, constrain and constrict and, eventually, to eradicate gun ownership and gun possession in this Nation, in the tangible, physical sense, But, they go beyond that. They seek much, much more. They seek no less than to eradicate, to excise from the memory of man, from the mind of the American citizenry, the very desire for, the very wish to exercise the right of the people to keep and bear arms--to erase, then, from the mind of each American citizen that anything sacred exists in the Second Amendment to the U.S. Constitution. They seek for a day to arrive when people here perceive the Second Amendment as not merely archaic, anachronistic, and obsolete, but incongruent, bizarre, meaningless. To that end the mainstream news media Press and our Nation's Educational system is hard at work--hard at work to disrupt and destroy the Second Amendment and hard at work to destroy the unreasonable searches and seizures clause of the Fourth Amendment and hard at work to change the American public's perceptions toward and to severely constrain the notion of freedom of speech clause of the First Amendment

GEORGE LATIMER'S EXECUTIVE ORDER BANNING PUBLIC GUN SHOWS IN WESTCHESTER COUNTY RAISES OTHER LEGAL, AS WELL AS PERTINENT SOCIAL AND POLITICAL QUESTIONS, APART FROM THE EXECUTIVE ORDER'S NEGATIVE IMPACT ON THE FIRST AND SECOND AMENDMENTS TO THE U.S. CONSTITUTION.

George Latimer's Westchester ban on public gun shows in Westchester County--a ban that does not simply regulate time, place and manner of public gun shows but amounts to a total prohibition on gun shows--must be seen for what it really is: pernicious, discriminatory State regulation, operating to deny to a substantial class of American citizens use of a public forum for a legitimate Constitutional purpose. The question posed for review is this: Does not George Latimer's Executive order operate overtly, and unconscionably, and contemptuously to unconstitutionally discriminate against an entire class of citizenry, namely those American citizens who desire to own and possess firearms, by denying to these American citizens a vehicle, in the form of a public forum, through which an American citizen, not under disability, may seek to view and purchase firearms and such other items, such as memorabilia, that an American citizen has the right to own and possess? If an American citizen seeks merely and only to exercise a fundamental, substantive Constitutional right and if a public accommodation allows that citizen to exercise a fundamental Constitutional right, on what basis can a Governmental agent--in this particular case, the County Executive, George Latimer--lawfully deny, in totality, to an American citizen, the use of a public accommodation in which that substantive, Constitutional right may be exercised? If a legal basis does not exist for a total ban on gun shows, then George Latimer's unilateral action constitutes no less than an overt, unconstitutional discrimination against gun owners who desire to own and possess firearms. If true, then, does not George Latimer's Executive order impinge on and infringe the due process and equal protection clauses of both the Fifth and Fourteenth Amendments to the U.S. Constitution, as well as operating as an infringement of the free speech clause of the First Amendment and as an infringement of the Second?That George Latimer deigns to allow private gun shows to continue to be held in Westchester County, apart from public gun shows--at least for the time being--does permissible use of private accommodations for gun shows obviate Constitutional issues associated with a total ban on public gun shows in Westchester County? Then, too, does not George Latimer's ban on public gun shows operate as a shifty and deceitful attempt to slide around what antigun proponents and antigun provocateurs and antigun conspirators see as the public gun show "loophole" to the instant criminal background check system under federal law? For, if public gun shows do not exist, then, the perceived "loophole" issue disappears into mist. But, is not the "loophole" issue and is not the very expression 'gun show loophole' itself a myth perpetrated by and perpetuated by antigun proponents, antigun provocateurs and antigun conspirators to strain and constrain exercise of the right of the people to keep and bear arms?We will continue with our analysis of the Westchester County Executive George Latimer’s Executive Order in a forthcoming article.

A CLOSING NOTE: WHAT WE ARE SEEING; WHAT IS AT STAKE.

We see, of late, and with more insistent and incessant fury, a bold attack on the very cultural traditions and core values and belief systems of this Country underway. Do American citizens not see that, despite the electoral triumph of Donald Trump to the U.S. Presidency, there is a conscious, sinister, insidious, diabolical effort underway to undercut our most cherished rights and liberties, and that this process is being carried out by the sinister forces that crush Nation States? Do American citizens not see that these forces intend to crush our Nation State through a systematic, orchestrated scheme of disinformation, misinformation, pseudo-information, and non-information designed to demoralize the American citizenry; to impose a false sense of guilt onto the American citizenry; to confuse and confound the American citizenry; to devalue the Bill of Rights, to devalue the notion of 'American citizen,' to soften and mold and reshape the contours of this Nation's citizenry as if the American people were but a lump of clay; to transform the American citizenry into weak, guilt-ridden, anxious souls.We see that Americans have lost the right to privacy. They have lost the right to be free from unreasonable searches and seizures. They have lost the right of free speech, the right to speak their mind, as threat of public reprimand, and threat of loss of employment are omnipresent. They are slowly losing their God-given right of the people to keep and bear arms.We see monopolistic corporate mega-structures emerging in all business sectors: technology, finance, media, entertainment. We see these colossal mega-structures imposing bizarre, alien rules and bizarre principles of behavior on society, across society. They are doing this with impertinence, impudence, false piety, and with a disgusting sense of self-righteousness, and with impunity. And they are using their horde of wealth and outsize power to influence Government. They are operating as if they were Government, but as a Government free of constraints imposed on Government by the Bill of Rights--a Document that is systematically being dismissed as irrelevant. We see our Nation awash in waves of illegal aliens, falsely and loudly clamoring for and oddly claiming rights they do not have and should never be given. And, we see waves of unassimilable, poverty-stricken, ill-informed, mentally lazy refugees flooding into our Country from failed States. These individuals make an unwieldy welfare State, that we are becoming, even more untenable. They strain our resources and require support from our citizenry. And, many in Congress support this, would allow this; would encourage this. They would enact new immigration laws that would further disrupt our economy, and negatively impact our mores, our values, our sacred roots. We see, even now, our history revised; our children taught alien ideas. Our sense of National identity is being turned on its head. More than questioned, national identity, as perceived by the founders of our free Republic, is now scorned, and reviled, and slowly revised.How far can this awful state of affairs go? When will the American people fight back to recover their sacred birthright? _________________________________________________Copyright © 2017 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.

THE COURTS, NO LESS THAN CONGRESS, IS WHERE ONE WILL FIND THE SECOND AMENDMENT EITHER SAFEGUARDED AND STRENGTHENED OR ENDANGERED AND WEAKENED.

REPUBLICAN CONTROL OF ALL THREE-BRANCHES OF GOVERNMENT IS NECESSARY TO MAINTAIN BOTH THE SOVEREIGNTY AND INDEPENDENCE OF OUR NATION STATE, AND THE SUPREMACY OF OUR CONSTITUTION AND OUR SYSTEM OF LAWS.

The mandate of a Republican controlled Congress, and of a Republican President and of a federal court system--comprising jurists who recognize the supremacy of our laws and of our Constitution over foreign laws and over the decisions of foreign tribunals and who recognize and appreciate the critical importance of the fundamental rights and liberties of the American people, as codified in the Bill of Rights--is this: to maintain our roots as a unique People; to make certain that our Country continues to exist as a free Republic and as an independent, sovereign Nation, beholden to no other Nation or to any group of Nations; and to keep sacred the supremacy of our Constitution and our system of laws, grounded in the sanctity of the Bill of Rights--a Bill of Rights that has no parallel in any other Nation on this Earth. To succeed in this mandate it is imperative that: one, Congress retain a Conservative Republican majority; two, that Donald Trump remain as U.S. President through two terms in Office; and, three, that the U.S. Supreme Court hold a conservative-wing majority and that the lower federal Courts seat a majority of  jurists who recognize and appreciate the supremacy of our Constitution and of our laws and of our sacred rights and liberties, and who render opinions with that principle omnipresent.Obviously, those malevolent forces that seek to undermine the sovereignty of this Nation, that seek to subvert the will of the American People, that seek to undercut and subordinate our Constitution, our system of laws and our fundamental rights and liberties, are working for the precise opposite. They seek to gain Democratic Party majorities in both Houses of Congress in the midterm elections, and, if they can accomplish that, they will undoubtedly pursue efforts to impeach Trump, using the tenuous, ludicrous, tax-payer funded Mueller investigation, chasing after ghosts, as a springboard to destroy the Trump Presidency. These individuals and groups, bankrolled by a shadowy, secretive, ruthless internationalist, trans-nationalist globalist “elite”, hope, as well, to create a liberal wing majority in the U.S. Supreme Court. To do that, they must win back the White House.Those who seek to destroy the sovereignty of this Nation and to undermine the true import and purport of the Bill of Rights are rankled by two specific events that they cannot, and, obviously, will not abide: one, the failure to usher Hillary Rodham Clinton into the Office of U.S. President, which they thought was an assured bet; and, two, the failure to seat Merrick Garland—the Chief Judge of the U.S. Court of Appeals for the D.C. Circuit, and President Barack Obama’s nominee—on the U.S. Supreme Court. These critical and monumental failures of the internationalist, trans-nationalist globalist “elite” who bankroll and control the Deep State of the federal Government—the forces that would dare crush this Nation and the American people into submission—have suffered an extraordinary setback in their plans for world domination. To reset the clock in accordance with their global strategy, they have been forced to show their hand. The negative forces that manipulate and control the Government of this Nation and that manipulate and control the Governments of those Nations that comprise the EU have emerged from the shadows and have forced their toadies in this Country to surface from the depths of the Deep State of the federal Government, to undermine, at every turn, the efforts of the duly elected President of the United States, Donald Trump. Not content to undermine and undercut the President's policy objectives, which they attack at every turn through the well-orchestrated media circus they control, they attack the man himself, disrespectfully, caustically, and reprehensibly; and, in so doing, they demonstrate as well their disrespect for this Nation, and  for this Nation’s core values, and for this Nation’s system of laws, and for the people of this Nation who elected Donald Trump, who was then inaugurated the 45^th President of the United States, on January 20, 2017, succeeding Barack Obama.The election of Donald Trump as U.S. President has thrown a wrench into the well-oiled and greased machine of the Deep State of the federal Government of the United States. This singularly important event has thrown the internationalist, trans-nationalist globalist elites, headed by the international Rothschild clan, into a state of consternation, of befuddlement, of rage and turmoil, of chaos. Their well-laid plans for world domination sees the United States as an important cog in an expansive industrial and financial machine comprising the New World Order, for no other Western Nation has as impressive a military and as impressive an intelligence apparatus, and as adept technological capabilities as those of the United States. As the forces that would crush this Nation and its people into submission have suffered a severe and costly set-back, they intend to set matters aright. The American people bear witness to the raw extent of the power and reach of these forces: one, the naked audacity of their actions; two, the evident contempt in which they hold the American people; three, the bald self-assurance and aplomb by which they plan and orchestrate a campaign of deliberate deception—through the mainstream media—a campaign of disinformation and misinformation through which they hope and trust they can manipulate the American people into accepting a bizarre worldview--one inimical to the needs and desires and well-being of the American people; four, the obscene loathing they express toward our Bill of Rights; five, the demonstrative malevolence they have shown toward the U.S. President and toward his Administration; and, six, the abject hatred they display toward this Nation’s Constitution, toward this Nation’s unique history, toward this Nation’s core values, toward this Nation’s system of laws and morals. And through the levers of media and of the Deep-State of Government that they control, they give mere lip-service and lip-homage to those very things Americans hold most dear.The Arbalest Quarrel has done its part. We have worked to help elect Donald Trump as President of the United States and have worked, as well, to defeat the confirmation of Judge Merrick Garland to the U.S. Supreme Court. But our work has not ended. It has, perforce, just begun.We must continue to support President Trump from the forces that, having failed to prevent his electoral success, seek, now, to place obstacles in his path, making it difficult for him to implement the policies he has promised—policies that are at loggerheads with those hostile internationalist, trans-nationalist globalist financial and industrial forces that seek global domination which, in accordance with their plans for world domination, requires the crushing of Western Nation States, including the crushing of our Nation State, the crushing of the sovereignty and independence of our Nation state; and, with that, the subordination of our laws to that of international laws and treaties and the subordination of our Courts to that of foreign Courts and foreign Tribunals; and the undermining of the sacred rights and liberties of the American citizenry. These extremely powerful, extraordinarily wealthy, and abjectly ruthless and cunning globalist forces seek eventually to topple Donald Trump and his administration. They seek also to take back control of the two Houses of Congress. We must therefore work to maintain House and Senate Republican Majorities.Further, we must work toward and anticipation of the confirmation of at least one additional, and, hopefully, two or, better yet, three conservative-wing Justices to sit on the U.S. Supreme Court. With the passing of the eminent and brilliant jurist and true American patriot, Justice Antonin Scalia, we have lost a mighty champion of liberty in the vein of the founders of this Nation, the framers of our Constitution. We hope and trust and pray that, before the end of this year, 2018, Justice Anthony Kennedy and/or Justice Ruth Bader Ginsburg and/or Justice Stephen Breyer will retire. That will pave the way for President Trump to nominate at least one and conceivably two, and optimally three more American jurists, to sit on the high Court who, as with Trump’s nominee, Judge Neil Gorsuch, hold jurisprudential values and who would apply the same methodology to deciding cases as do Justices Clarence Thomas, and Samuel Alito, which the late Justice Antonin Scalia had set the course. With strong and true conservative-wing Justices on the high Court, who hold a clear majority, we will see the Court agreeing to hear critical Second Amendment cases and, thereupon, rendering decisions that, with the Court’s untarnished and supreme judicial imprimatur, makes clear the import of the natural, fundamental rights and liberties of American citizens as codified in the Bill of Rights of the U.S. Constitution in the manner the framers’ intended.

THE ARBALEST QUARREL LOOKS BACK ON WORK COMPLETED IN 2017 AND THEN FORWARD TO OUR TASKS FOR 2018

WHAT WERE SOME OF OUR ACCOMPLISHMENTS IN 2017?

Let us step back for a moment and look at just a few of the tasks we completed in 2017, and remark briefly on tasks we have set for ourselves in 2018. Much of our work, consistent with the primary purpose of the Arbalest Quarrel involved detailed, comprehensive analyses of critical federal and State Court cases impacting the Second Amendment. One of those cases is Soto vs. Bushmaster Firearms International, LLC., 2016 Conn. Super. LEXIS 2626; CCH Prod. Liab. Rep. P19,932. Soto is an active case. The Soto case arises from the deadly attack that occurred on December 14, 2012, in Newtown, Connecticut, when a deranged young adult, Adam Lanza, 20 years old, stormed Sandy Hook Elementary School, fatally shooting twenty children and six adults, before turning a handgun on and killing himself. According to the allegations of the Soto Plaintiffs' First Amended Complaint (CM), Adam Lanza murdered these school children and school staff with a Bushmaster AR-15, model XM15-E2S rifle. Defendant Bushmaster prevailed in the lower Superior Court (trial Court), and we analyzed the Superior Court decision in depth. Plaintiffs appealed the adverse decision directly to the Connecticut Supreme Court, bypassing the State Court of Appeals, and the Connecticut Supreme Court agreed to hear argument. We will be analyzing the Briefs of Plaintiffs and Defendants in the case and will also analyze selected amicus (friend of Court) Briefs in that case. Over 50 amicus briefs were filed in that case. We also provided comprehensive analyses in an “assault weapons” case, (Kolbe vs. O’Malley, 42. F. Supp. 3d 768 (D. Md. 2014); vacated and remanded, Kolbe vs. Hogan, 813 F.3d 160 (4th Cir. 2016); rev’d en banc, Kolbe vs. Hogan, 849 F.3d 114 (4th Cir. 2017) ), which we had hoped would be taken up by the U.S. Supreme Court—the high Court failing to have granted certiorari in an earlier disastrous “assault weapons” case, Friedman v. City of Highland Park, 784 F.3d 406, 2015 U.S. App. LEXIS 6902 (7th Cir. Ill., 2015). Alas, the high Court failed to garner four votes, allowing the case to be heard in the high Court. Had the high Court agreed to hear the case, Americans would see a definitive ruling on whether so-called “assault weapons” fall within the core of the Second Amendment’s protection. Obviously, the liberal wing of the Court and at least two "apparent" conservative wing Justices, likely, Anthony Kennedy and the Chief Justice, John Roberts, did not want to resolve this case, and, so, to date, resolution of “assault weapons” as protected firearms within the core of the Second Amendment remains in abeyance, with liberal Circuit Court of Appeal Judges ruling that semiautomatic "assault weapons" do not fall within the core of the Second Amendment and, so, are not protected.In addition, we looked at two Congressional bills that, if enacted, strengthen the Second Amendment. We looked at national concealed handgun carry reciprocity legislation, pending in Congress, H.R. 38, and looked at Congressman Chris Collins’ bill, the “Second Amendment Guarantee Act” (H.R. 3576) (“SAGA”) which has been referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations, on September 6, 2017 where it presently sits. We also did our part to sidetrack Obama’s attempt to sit Judge Merrick Garland on the U.S. Supreme Court. When we feel it critical that our representatives in Congress be notified of specific and extraordinary dangers presented to our Nation, we have not hesitated to contact them. When, after the passing of the exceptional U.S. Supreme Court Justice, Antonin Scalia, we have seen that President Barack Obama wasted little time in nominating a person to serve as a new ninth member of the high Court who would, given the opportunity, assist the liberal-wing Justices—Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor, and Elena Kagan—in unwinding case law that Justice Scalia helped to shape in his many illustrious years on the Bench. That person who President Barack Obama had hoped to see confirmed is Merrick Garland, Chief Judge of the U.S. Court of Appeals for the D.C. Circuit. The Arbalest Quarrel took strong exception to the possibility of seeing Judge Garland sitting on the high Court. We sent a letter to the Chairman of the Judiciary Committee, Senator Chuck Grassley, requesting the Senator to refrain from allowing a confirmation hearing to proceed. Had a confirmation proceeding been held, that would have resulted in Judge Merrick Garland sitting on the high Court as an Associate Justice. Of that, we have no doubt, as U.S. Senator Orrin Hatch has articulated that point. According to the liberal political commentary website, "New Republic," Senator Hatch said that there was "no question" that Judge Merrick Garland would be confirmed were a confirmation hearing held. The Arbalest Quarrel explained the singular danger Judge Merrick Garland posed to the preservation of the right of the people to keep and bear arms, codified in the Second Amendment to the U.S. Constitution if Merrick Garland sat on the U.S. Supreme Court. In our letter we took exception to pronouncements of several academicians who had also written a letter to Senator Grassley. Those academicians argued that nothing in the record of Judge Garland’s service as a Judge on the U.S. Court of Appeals suggests that an inference can be drawn concerning Judge Garland’s jurisprudential philosophy toward the Second Amendment. We disagreed with the pronouncements of those academicians. We pointed to specific examples in the judicial record that establish beyond doubt that Judge Merrick Garland holds great and abiding antipathy toward the Second Amendment; and that Judge Garland’s antipathy toward the Second Amendment is very much in evidence in the judicial record, contrary to the pronouncements of those academicians who promote the Judge’s ascendancy to the U.S. Supreme Court. Our concern was not directed to Judge Garland’s ability as a jurist. We have no doubt that Judge Garland has a bright and, conceivably, brilliant legal mind. But, when that brilliance is coupled with a philosophy at loggerheads with the philosophy of another brilliant Justice, Antonin Scalia, then we know that preservation of the natural, substantive fundamental rights of the American citizenry—particularly the right of the people to keep and bear arms—are in jeopardy. In a series of in depth articles, we have written extensively about Judge Garland’s jurisprudential philosophy. We pointed out that Judge Garland’s judicial approach is clearly antithetical to that of the late Justice Antonin Scalia, and that Justice Scalia’s illustrious work would be undone were Judge Garland to sit on the high Court. In our letter to Senator Grassley, we provided a link to the Arbalest Quarrel website and encouraged the Senator to peruse our analytical articles on Judge Garland, as the letter only touched upon the matters of concern.

THE MISSION OF THE ARBALEST QUARREL 

The mission of the Arbalest Quarrel is to preserve, protect, and strengthen the Bill of Rights, and, principally, to preserve, protect, and strengthen the Second Amendment to the United States Constitution. The Arbalest Quarrel has written dozens of articles on newsworthy and noteworthy events, impacting the Second Amendment. Many of our articles appear in Ammoland Shooting Sports News. Most of the articles we prepare are comprehensive, extremely detailed, highly analytical expositions on Second Amendment issues. Many of our articles are written as part of lengthy, continuing series. Given the exigencies of time and of new and pressing newsworthy matters, we are often compelled to sidestep continuous work on a series, returning to a series later. Since threats to the Second Amendment are constant and continuous, much of the work that we may have left uncompleted in previous weeks or months is and remains pertinent. Some work that we do, involving analysis of active legal cases, such as the Soto case, cannot, of course, be completed until further action is taken by a Court and, in that event, we must await action before continuing discussion. In other cases, such as Kolbe, where we have commenced work, as part of a series, a higher Court, in this case, the U.S. Supreme Court has denied a writ of certiorari, which means that the ruling or rulings of the second highest Court, a U.S. Circuit Court of Appeals, remains the law in that judicial Circuit. But, as those cases involve an open-ended and critically important issue that the U.S. Supreme Court will, at some point be compelled to tackle, our analysis of lower U.S. District Court and U.S. Circuit Courts of Appeal decisions are still relevant and, so, hold more than historical value in terms of their impact on the right of the people to keep and bear arms. Kolbe, for example, deals directly with the issue whether semiautomatic weapons, defined as ‘assault weapons’ fall within the core protection of the Second Amendment. As antigun groups intend to deny American citizens the right to legally own and possess “assault weapons,” and, as they seek, eventually, to ban civilian ownership and possession of all semiautomatic weapons, it is incumbent upon us and important to consider the legal arguments they present. Thus, at some point in time when the U.S. Supreme Court does deal with the issue as to the extent of or whether semiautomatic weapons defined as ‘assault weapons’ fall within the core protection of the Second Amendment or whether semiautomatic weapons, as a broad category of firearms, fall within the core protection of the Second Amendment--and the high Court will, at some moment in time have to consider the issue--we will have addressed, in depth, all or virtually all of the salient arguments that litigants happen to make. As we look back at the work over the years, we note our article, titled “The Arsenal of Destruction.” Concerning antigun groups efforts to defeat the right of the people to keep and bear arms, what we mentioned in that article is as true then as it is today. We said: Here is what we deemed then, as now, to be the salient methodologies antigun groups use to undercut the Second Amendment. There are probably more; undoubtedly, the antigun groups are busy concocting others even as we publish this list:

• ENACTMENT OF RESTRICTIVE GUN LAWS

• REWRITING/RECONFIGURING/RECONSTITUTING THE SECOND AMENDMENT TO UNDERCUT THE SIGNIFICANCE OF THE INDEPENDENT CLAUSE: “THE RIGHT OF THE PEOPLE TO KEEP AND BEAR ARMS SHALL NOT BE INFRINGED.”

• EFFORTS TO REPEAL THE SECOND AMENDMENT OUTRIGHT

• INDOCTRINATION OF AMERICA’S YOUTH

• MILITARIZATION/FEDERALIZATION OF CIVILIAN POLICE FORCES ACROSS THE COUNTRY THROUGH THE MACHINATIONS OF THE DEPARTMENT OF HOMELAND SECURITY

• DIRECT MAINSTREAM NEWS MEDIA ATTACKS ON THE SECOND AMENDMENT

• USE OF PROPAGANDA AGAINST THE AMERICAN PUBLIC AND INDOCTRINATION OF THE PUBLIC BY MAINSTREAM NEWS MEDIA GROUPS

• SYSTEMATIC EROSION OF THE RULE OF LAW IN THE UNITED STATES

• DENIAL OF GUN POSSESSION TO ENTIRE GROUPS OF AMERICAN CITIZENS

• ILLEGAL ATTEMPTS BY CITIES AND TOWNSHIPS TO WEAKEN OR OVERRIDE STATE LAWS WHERE SUCH STATE LAWS ARE DESIGNED TO EXTEND SECOND AMENDMENT PROTECTIONS TO THEIR CITIZENS

• CREATING CONFUSION OVER THE CONCEPT OF ‘CITIZEN’ AND CREATING CONFUSION AS TO THE RIGHTS OF A CITIZEN OF THE UNITED STATES

• EXECUTIVE BRANCH OVERREACH/USURPATION OF THE LEGISLATIVE FUNCTION BY THE UNITED STATES PRESIDENT IN CLEAR DEFIANCE OF THE SEPARATION OF POWERS DOCTRINE SET FORTH IN AND THE MAINSTAY OF THE U.S. CONSTITUTION.

• OVERRIDING THE BILL OF RIGHTS THROUGH INTERNATIONAL PACTS, TREATIES, AGREEMENTS, AND CONVENTIONS

• FALLACIOUS REASONING OF ANTIGUN GROUPS AND ANTIGUN GROUP DECEPTION AS TO THEIR ULTIMATE GOAL: DE JURE OR DE FACTO REPEAL OF THE SECOND AMENDMENT TO THE U.S. CONSTITUTION

• ATTACK ON GUN RIGHTS’ ADVOCATES’ MORAL BELIEFS AND ETHICAL BELIEF SYSTEMS

• BATFE ADOPTION OF ONEROUS REQUIREMENTS FOR GUN DEALERS AND BATFE INTRUSION/ENCROACHMENT ON TRADITIONAL U.S. CONGRESSIONAL LAW MAKING AUTHORITY

• MISAPPLICATION/MISAPPROPRIATION OF THIRD PARTY PRODUCTS LIABILITY LAW AND LEGAL DOCTRINE TO UNFAIRLY TARGET GUN MANUFACTURERS

• FEDERAL GOVERNMENT RESTRAINT OF TRADE: COERCING LENDING INSTITUTIONS TO REFRAIN FROM GIVING LOANS TO GUN DEALERS

• MANIPULATION OF THE COMPOSITION OF STATE LEGISLATURES AND OF THE U.S. CONGRESS BY MULTI-MILLIONAIRE/BILLIONAIRE TRANSNATIONAL GLOBALISTS THROUGH THE BANKROLLING OF POLITICIANS—WHO ACQUIESCE TO THEIR WISHES, AND WHO ARE WILLING TO DESTROY THE SECOND AMENDMENT—AND THROUGH THE NAKED, SHAMELESS EXPLOITATION OF ATTACK ADS, TARGETING THE DEFENDERS OF THE SECOND AMENDMENT -- THOSE POLITICIANS WHO REFUSE TO KOWTOW TO THE ANTI-AMERICAN AGENDA OF THE RUTHLESS MULTI-MILLIONAIRE AND BILLIONAIRE TRANSNATIONAL GLOBALISTS.

• GLOBAL CENSORSHIP/CONTROL OF EXPRESSION ON THE INTERNET: UNDERMINING THE SECOND AMENDMENT BY CONTROLLING MESSAGING WITH THE AIM, ULTIMATELY, OF INSIDIOUSLY DESTROYING THE SECOND AMENDMENT THROUGH AN UNCONSCIONABLE INFRINGMENT UPON THE FIRST AMENDMENT: AS CONTEMPT FOR ONE AMENDMENT OF THE BILL OF RIGHTS IS SHOWN, SO, AS WELL, IS CONTEMPT FOR THE OTHERS DEMONSTRABLY SHOWN

• DESTRUCTION OF SOVEREIGN NATION STATES AND OF THE CONSTITUTIONS OF SOVEREIGN NATION STATES THROUGH THE CREATION OF, ESTABLISHMENT OF AND INEXORABLE EXPANSION OF AN INTERNATIONAL, NEOLIBERAL INSPIRED WORLD ORDER DEDICATED TO AND WORKING TOWARD THE DESTRUCTION OF INDIVIDUAL RIGHTS, THE DESTRUCTION OF INDIVIDUAL LIBERTIES, AND THE ERADICATION OF PERSONAL AUTONOMY

We intended to do an article on each of these 21 strategies within the series. We didn’t complete the series, but we did write on several of these strategies and some of the strategies were touched upon in other articles. For example, our most recent article on the NY Times new “gag order” policy preventing its employees from exercising their freedom of free speech on their own time in vehicles other than the New York Times newspaper, actually is a response to two strategies we delineated on in “The Arsenal of Destruction":ONE: GLOBAL CENSORSHIP/CONTROL OF EXPRESSION ON THE INTERNET: UNDERMINING THE SECOND AMENDMENT BY CONTROLLING MESSAGING WITH THE AIM, ULTIMATELY, OF INSIDIOUSLY DESTROYING THE SECOND AMENDMENT THROUGH AN UNCONSCIONABLE INFRINGMENT UPON THE FIRST AMENDMENT: AS CONTEMPT FOR ONE AMENDMENT OF THE BILL OF RIGHTS IS SHOWN, SO, AS WELL, IS CONTEMPT FOR THE OTHERS DEMONSTRABLY SHOWN; and,TWO: USE OF PROPAGANDA AGAINST THE AMERICAN PUBLIC AND INDOCTRINATION OF THE PUBLIC BY MAINSTREAM NEWS MEDIA GROUPS.Our principal mission and raison d’etre—as mentioned, supra—is to preserve, protect, and strengthen the Second Amendment to the U.S. Constitution. In fact, the preservation of, protection of, and strengthening of the Second Amendment all go hand-in-hand. There exist forces both inside and outside this Country that would like to repeal the Second Amendment. Of course, they realize that repealing, de jure, any one of the Ten Amendments to the U.S. Constitution that comprise the Bill of Rights is virtually impossible. As natural rights, there is no mechanism for repealing these rights and liberties anyway, since no man created them. The Framers of the Constitution merely codified the rights that exist intrinsically in each American citizen. That doesn’t mean that a sacred right cannot be ignored or de facto repealed which effectively reduces the right to a nullity even as the words remain intact. Thus, if the words remain, but the intent behind the words is absent, hollowed out, the right, in essence, ceases to exist. We have seen this before. The fundamental right of Americans to be free from unreasonable searches and seizures has been hollowed out, as Government agencies like the CIA and NSA download and keep digital records on everyone and everything. This is patently illegal, but Federal Government agencies do it anyway. The fundamental right of free speech is beginning to be hollowed out, too, as censorship, in the guise of “political correctness” is taking its toll on free speech. The fundamental right of the people to keep and bear arms was dying a slow death until the majority of the U.S. Supreme Court in two seminal cases, District of Columbia vs. Heller, 554 U.S. 570; 128 S. Ct. 2783; 171 L. Ed. 2d 637 (2008), and McDonald v. Chicago, 561 U. S. 742, 780, 130 S. Ct. 3020, 177 L. Ed. 2d 894 (2010)), made clear what that right entails. The high Court made poignantly and categorically clear that this right—a right that must be recognized by both federal Government and by the States—is an individual right, a right, then, not connected to one’s service in a militia. Still, those Legislators and Jurists who seek to disembowel the Second Amendment have either ignored the holdings of the U.S. Supreme Court or have actively tinkered with it, working around the edges of the Heller and McDonald holdings to slowly weaken the Second Amendment. But, to weaken the right is tantamount to destroying it; for the rights codified must be understood in the context the framers of the Constitution intended, as absolute imperatives. This doesn’t mean restrictions ought not be enacted that operate as deprivations on some individuals but, this deprivation is justified only if the threat posed by the one threatens the lives of millions of others, or where the threat posed by an individual undermines the sovereignty of this Nation.Consider the Second Amendment. Federal law bars persons adjudged mentally incompetent from owning and possessing firearms. Thus, the absolute right to own and possess firearms infringes the right of a person adjudged mentally incompetent but this is necessary to protect the lives of millions of innocent, law-abiding Americans. Federal law also prohibits illegal aliens from owning and possessing firearms. And, in so doing, we protect the sanctity of the notion of a Nation State comprising a unique citizenry. Antigun groups, though, don’t perceive the Bill of Rights as a set of natural rights, existing intrinsically in the individual, endowed by the Creator to the individual. They see the Bill of Rights in the same vein as do internationalist, trans-nationalist globalist “elites,” as mere man-made creations-- statutes enacted and repealed at the will and the whim of the of the rulers that draft and enact them. As they see nothing positive in the right of the people to keep and bear arms, they see nothing that mandates the preservation and strengthening of that right. So, those who attempt to restrict the right of the people to keep and bear arms do not consider restrictions on the exercise of that right from the standpoint of the restriction's negative impact on the majority of rational, responsible, law-abiding American citizens, who wish to exercise their right, but, rather, see restrictions on the exercise of that fundamental right from the utilitarian consequentialist position. Consistent with utilitarian consequentialism, it is firearms in the hands of law-abiding rational, individual, not the occasional criminal or lunatic, that is perceived as posing the real danger, the real threat. And, what is that threat? It is a threat perceived as directed against society— against an amorphous collective “hive”—a threat perceived, eventually, as one directed against the entirety of the “free” world, a free world constituted as a "New World Order." It is not the criminal or lunatic possessing a firearm that concerns those that hold to the utilitarian consequentialist theory of morality that poses the greater threat to the well-being of society. In a constant flurry of new draconian firearms bills introduced in Congress, we see, in the draft language of these bills, that it is really the average law-abiding individual--the rational, responsible, law-abiding American citizen--against whom restrictive gun measures are really targeted and leveled. These restrictive gun bills are drafted and enacted in clear defiance of the right guaranteed in the Second Amendment.Our mission, our raison d’être, is to call out those disreputable groups and to call out those legislators and to call out those Hollywood film stars and moguls and to call out those mainstream news commentators and journalists and "comedians" and to call out those inordinately wealthy, extraordinarily powerful, extremely secretive, and absolutely ruthless internationalist, trans-nationalist, globalist forces that mean—all of them—to destroy our Nation State and that mean to destroy our Bill of Rights, and that mean to do so all the while claiming their efforts have a rational, ethical basis. But their actions belie their assertions. Their actions belie their true intent. These individuals, these groups, these cold-hearted ruthless internationalist, trans-nationalist, globalist “elites” that control the levers of finance and industry, that control major media organizations, that operate within and control the Deep State of Government within our own Nation mean to destroy the sovereignty and independence of this Nation and they mean to upend and to destroy the supremacy of our laws and of our Constitution.These individuals distort truth; they sow seeds of discord; they confuse and confound the ill-informed masses by challenging the Nation's core values and by interposing false substitutes for those core values. They rail against and dare to rewrite our Nation's history. They attack our Judeo-Christian ethic and our Christian heritage and traditions. They mean to destroy our Nation and our sacred Bill of Rights to pave the way for an antireligious, morally bankrupt trans-global corporate New World Order conglomerate—an amorphous, muddled indistinguishable conglomeration of once proud and unique independent Nation States—a union of populations comprising the entirety of the “free” world, which these internationalist, trans-nationalist globalist financiers and captains of industry plan to rule. We are beginning to see what this portends for the U.S. as they consolidate their power in the EU, with the assistance of their technocrats, their puppets.In their concerted effort to destroy the structure of and the very notion of the sanctity and sovereignty of Nation States, and of the sanctity and sovereignty of our Nation State in particular, we see insidious and perverse attempts by these internationalist, trans-nationalist globalist “elites”—through the mainstream media whom they control and through members of Congress whom they have bought—to play with language—to suggest that the notion, the idea of ‘American,’ of what the word ‘American’ means is simply a matter of personal belief. Why is such a ridiculous notion fostered? It is fostered for a reason. For, if what it means to be an ‘American,’ or, for that matter, what it means to be a Frenchman, or German, or Italian, or Canadian, for example, comes down to personal opinion and belief, then, the bonds between a person and that person’s Country is tenuous, amorphous, fragile, elusive, even illusive, and, ultimately, unimportant. This has serious ramifications for Nation States and repercussions for the people residing in a Nation State. Thus, if a person is to be deemed an American, for example, who simply and essentially believes him or herself to be an American, then, on that basis, alone, may presumptuously presume a right to live in this Country, to emigrate to this Country and to be endowed with all the rights and liberties that the United States Constitution provides.This open-ended concept of what it means to be an ‘American’ is deliberately and unconscionably fostered by those who seek an end to the very notion of a Nation State; who seek to portray people not as citizens of this or that Country but, literally, as “citizens of the world”—who may freely move about as they wish. This “open borders” philosophy is anathema to the concept of the primacy and sovereignty of Nation States which demands that independent, sovereign Nation States have a right and duty and responsibility to maintain and control their borders, and, in so doing, forestall emigration of undesirables to this Country. To allow essentially anyone and everyone to emigrate to this Country, is to denigrate and ultimately destroy the very foundation of the sovereignty and independence of a Nation State. A Nation State’s core ethical and religious and social values are in danger of erosion. That Nation’s historical roots are in danger of erosion. That Nation’s jurisprudential values and core economic principles are in danger of erosion.When educators, along with news organizations and legislators in the United States proclaim that illegal aliens are Americans, the Arbalest Quarrel has stepped in to set the record straight. Co-Founder and President of Arbalest Group, LLC., Stephen L. D’Andrilli wrote a reply to an article written by the Vice President of the United Federation of Teachers that appeared in the Union’s publication. The Arbalest Quarrel's response was published in Ammoland Shooting Sports News. Stephen has penned other cogent responses to the UFT that we, as strong supporters of America’s Bill of Rights, have taken exception with.

THE WORK AHEAD FOR THE ARBALEST QUARREL IN 2018

In 2018 we will continue to analyze federal and State gun laws; federal and State gun bills; and federal and State Court cases. We anticipate seeing one and perhaps two openings on the U.S. Supreme Court. It is imperative that President Trump have the opportunity to nominate one or more individuals to serve on the U.S. Supreme Court.It is in the Courts, no less than in Congress that our Bill of Rights and, especially, our Second Amendment, will be preserved, strengthened, and expanded. We will otherwise see our Bill of Rights debilitated, weakened, and restricted.The House and, more importantly, the U.S. Senate must remain firmly in the hands of Republicans and, more especially, in the hands of those who espouse a conservative philosophy, reflective of the views and philosophy and sensibilities of the Founders of our Nation, the Framers of our Constitution, the Creators of our Free Republic—not those Centrists like Paul Ryan and Mitch McConnell, who hold to a decidedly globalist philosophy, who demonstrate globalist sympathies, and whose support of our Bill of Rights is lukewarm at best.The Democrats intend to take control of both Houses of Congress and they intend to weaken our Bill of Rights and to weaken especially the First Amendment Freedom of Speech, and the Second Amendment right of the people to keep and bear arms. They intend, in league with their internationalist, trans-nationalist, globalist benefactors, to weaken, debase and eventually curtail our natural, fundamental rights and liberties. For they mean to draw us insidiously into the arms of a New World Order. They intend to do this through the vehicle of international pacts and treaties and through mainstream news organizations that condition the American public to accept open borders and to accept an amorphous notion of what it means to be a citizen; and by conditioning the American public to accept the legitimacy of foreign courts to hear cases impacting our fundamental rights; and to condition the American public to accept the supremacy of international law over that of our Constitution, and over our system of laws, and over our jurisprudence; and to condition the public to accept historical revisionism, to accept bizarre, alien notions of morality and gender identity; and to condition the public to accept the dismantling of a Nation that is grounded in Christianity and in notions of self-reliance and initiative, individual responsibility. All these things are on the table, as Democrats and many Centrist Republicans seek to weaken the foundation of a Nation as designed and understood by the Founders of it.

IN CLOSING, WE SET FORTH THE FOLLOWING POINTS AND CAUTIONARY IMPERATIVES FOR OUR READERS:

If the American people are to maintain their unique roots, we must work, first and foremost to keep sacred the Bill of Rights, and that means we must understand the import and purport of the Bill of Rights as the drafters intended, and we must insist that rights and liberties be preserved, protected, and strengthened. We must argue for the continued primacy of this Country as a sovereign, independent Nation State and we must insist that the federal Government’s first order of business, as servants of the American people, is to see to the needs of and well-being of, and security and safety of the American people. And, who are the American people? They are the citizens of this Country and those citizens, the American people, do not include anyone who resides here illegally, whatever that person's motive or circumstance for being here. And, no individual who resides elsewhere has a right to emigrate to this Country simply because that person seeks to live here, for good or for ill; and no one who has entered this Country illegally, whether consciously or through no fault of their own, can demand, as a matter of right, as a matter of law, the right to remain here. For law is not ad hoc. If Congress deigns to allow illegal aliens to remain here, then Congress must refrain from granting such individuals, citizenship. For, to grant citizenship to those who have consciously or not ignored our law, or who claim an exception to law that does not presently exist in law will serve only to destroy our system of laws. To change law or to ignore law on a whim sets a poor precedent and such action, in the seeming moral sense of it, will destroy this Country from within.We must hold to our core values. We must not be seduced into accepting notions of moral and legal relativism and we must not fall prey to historical revisionism. These notions are poisonous, pernicious, debilitating. We are a People with one common language, English. No Nation has remained a separate and distinct Nation State that has inculcated, internalized a notion of bilingualism or multilingualism or that has abided bilingualism or multilingualism.No one, whether inside or outside Government, shall indoctrinate the American people. Each American citizen has a right to free expression and to freely express his or her mind. That an individual may wish to express an idea or to possess a physical item that another individual may personally dislike, or even abhor, so what of it? The founders of our free Republic and the framers of our Constitution did not undertake to institute or to insinuate into the natural and fundamental rights and liberties of the American people a notion of “political correctness.” Such a notion is of modern invention and vintage, designed to serve an ulterior purpose. Indeed, had the founders of our Republic thought of such an absurd concept at all they would undoubtedly have held political correctness to be decidedly politically incorrect. Nothing is more devastating or destructive to the citizenry of this Nation or, for that matter, to the citizenry of any nation state, than the sins of hypocrisy and sanctimony. Unfortunately, both are in abundance in this Nation. We can for that thank the arrogance of mainstream media and of those with power and money and influence, both here and abroad, who wish to dictate a mode of thought the rest of us are obliged to adhere to. The American people should be particularly wary of those legislators and those presumptuous “elites” who bandy about such expressions as “rule of law,” and “living Constitution,” and “open borders,” and “citizen of the world” and “job creator,” and “commonsense gun laws,” and “social Darwinism, and “identity politics,” and “political correctness.” These expressions, and there are others, have become trite and dangerous clichés, shorthand simplistic sloganeering, that are either misunderstood and therefore misused, or are otherwise given to suggest or convey something overtly positive, even exemplary, when, in fact, their utilization is meant to harm the American citizen, meant to harm you! Always be mindful of seemingly noble sounding and high-minded verbiage thrown out to the masses for consumption like so much popcorn and roasted peanuts and cotton candy. Be observant, be cautious, think critically before throwing your lot in with everyone else simply because everyone else is “doing it” or “believing it.” You are no longer in high school. There is no longer any need for you to belong to this or that “clique,” in order to "fit in."The framers of the Constitution glorified the right of the individual to be individual and to accept personal responsibility for one’s actions. Our sacred rights and liberties as codified in the Bill of Rights are a testament to that fact. That is our birthright. The right of free speech; freedom of association; the right to be free from unreasonable searches and seizures; and the right of the people to keep and bear arms. These are not mere platitudes. These are a few of the most important natural rights, codified in the Bill of Rights. They are absolute and unconditional, and they are slowly being eroded. Americans should consider, critically, how the words of a news commentator, or of a Hollywood star, or of a mega-sports star, or of a legislator, or of a financier, or of a government bureaucrat, or of a highly paid comic on nighttime  television meant to cajole or persuade Americans would impinge on or infringe those rights and liberties before you throw your lot in with them. For you may be hoodwinked into giving up everything of real consequence._________________________________________________Copyright © 2017 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.

THE MAINSTREAM MEDIA NEW YORK TIMES NEWSPAPER’S NEW “GAG ORDER” POLICY PREVENTS ITS EMPLOYEES FROM EXERCISING THEIR RIGHT OF FREE SPEECH UNDER THE FIRST AMENDMENT TO THE U.S. CONSTITUTION.

FIRST AMENDMENT RIGHT OF FREE SPEECH? SECOND AMENDMENT RIGHT OF THE PEOPLE TO KEEP AND BEAR ARMS? GOING, GOING GONE IF THE NEW YORK TIMES WERE TO REWRITE THE CONSTITUTION!

THE NEW YORK TIMES BOMBARDS THE AMERICAN PUBLIC WITH ‘GROUPTHINK’ AND ‘DOUBLESPEAK: WELCOME TO “1984” IN THE 21^ST CENTURY.

“We are poor little lambs Who have lost our way. Baa! Baa! Baa! We are little black sheep Who have gone astray. Baa! Baa! Baa!” ~ from the Wiffinpoof song, circa 1910; traditional closing number of the Wiffinpoofs, an a cappella group of Yale UniversityAs is our wont, the creators of the Arbalest Quarrel often peruse on Amazon.com—books, on philosophy, politics, science, and law, among various other categories of knowledge to assist us in the work we do for our readers in defense of our most sacred right: the right of the people to keep and bear arms under the Second Amendment to the U.S. Constitution. As we write this, we came across a book, serendipitously, and one which we may purchase, titled, “Reasons Why,” by Bradford Skow. The illustration on the book’s cover is whimsical: a platypus seemingly contemplating a strawberry. And, lest one believe the book was written for a child, the answer is decidedly, “no.”Notwithstanding the straightforward, seemingly, superficially simplistic title, the material is decidedly tantalizingly complex. We perused a few pages of the book, on-line, as Amazon sometimes permits. We bring this matter up here because the subject matter of the book, “why questions,” drew us to consider something about the mainstream media that is somewhat mystifying to apprehend and, at once, frightening to contemplate. Mainstream media organizations—comprising major newspapers, radio, television, and internet—are drawn more and more to proselytize to the American public rather than to simply report the news, and this is contrary to the basic import and purport of news organizations. But, what is the purpose of a news organization? We ask:

WHAT IS THE IMPLIED GOAL—THE TRADITIONAL, PRIMARY PURPOSE OF NEWS ORGANIZATIONS? THE PRIMARY PURPOSE OF A NEWSPAPER IS TO CONVEY TO THE PUBLIC A RECORD OF THE DAY’S EVENTS: TO REPORT THE NEWS, THEN, AND TO REPORT THE NEWS CLEARLY, ACCURATELY, OBJECTIVELY, WITHOUT EMBELLISHMENT.  IN PROVIDING AN ACCOUNT OF EVENTS IN THE WORLD, A NEWSPAPER MUST REFRAIN FROM WEIGHING IN ON THE EVENTS IT REPORTS ABOUT THE WORLD. FOR, ONCE A NEWSPAPER WEIGHS IN ON EVENTS THAT IT REPORTS, THAT IT DESCRIBES, THE NEWSPAPER, THEN, IS NO LONGER, AND CAN NO LONGER BE CONSIDERED AN OBJECTIVE, NEUTRAL OBSERVER, NAMELY, ONE OPERATING APART FROM THE EVENTS, BUT, RATHER, BECOMES, INSTEAD, AN ACTIVE PARTICIPANT IN THE EVENTS—IN THE VERY SHAPING OF EVENTS A NEWSPAPER REPORTS ON. AND, ONCE A NEWSPAPER BECOMES PART OF THE EVENTS, THE OBSERVED, RATHER THAN THE NEUTRAL OBSERVER, THE NEWSPAPER, THEREUPON LOSES ITS OBJECTIVITY—LOSES ALL OBJECTIVITY. BUT, THIS DOES NOT SEEM TO BOTHER MAINSTREAM NEWSPAPERS IF THEY BOTHER TO CONSIDER THE LOSS OF OBJECTIVITY IN THEIR REPORTING THE NEWS AT ALL. TODAY, MAINSTREAM NEWSPAPERS, LIKE THE NEW YORK TIMES, ARE NOT CONTENT MERELY TO REPORT THE NEWS, BUT ARE TELLING THE AMERICAN PUBLIC HOW THEY ARE EXPECTED TO THINK ABOUT THE NEWS. OBJECTIVITY IS THEREBY COMPLETELY LOST. REPORTERS BECOME MINISTERS OF PRIVATE BENEFACTORS, UNKNOWN TO THE PUBLIC. THEY BECOME PROPAGANDISTS. EVERYTHING REPORTED IS SUSPECT.

MAINSTREAM NEWSPAPERS ARE NOT OBJECTIVELY, NEUTRALLY, AND DRYLY TELLING THE PUBLIC ABOUT CRITICAL EVENTS IN THE WORLD—AND THEY ARE NOT REPORTING ON ALL THE CRITICAL EVENTS. RATHER, MAINSTREAM NEWSPAPERS SELECTIVELY REPORT EVENTS AND THEY DO NOT ALLOWTHE AMERICAN PUBLIC TO MAKE UP ITS OWN MIND ABOUT THE EVENTS REPORTED. THESE MAINSTREAM NEWSPAPERS AND OTHER MAINSTREAM MEDIA NEWS ORGANIZATIONS ARE, AT ONCE, TELLING THE PUBLIC HOW THEY SHOULD REACT TO EVENTS, HOW THEY ARE TO THINK ABOUT THE EVENTS, REPORTED.

Journalists, also referred to as—and, traditionally, more inclined to prefer the term, ‘reporters,’ as the latter expression is narrower, suggesting specifically what these professionals do, namely reporting news events rather than journalizing whatever may come to mind—learn, in college, before commencing work for mainstream news organizations, what reporting of news encompasses and, just as importantly, what it does not. Whether through the written or spoken word, reporters are expected to—well—report the news, nothing more and nothing less. To do their job correctly, appropriately, reporters are expected to report news accounts clearly and dryly, without embellishment, utilizing nouns and verbs, eschewing the use of adjectives and adverbs, to avoid “coloring” their reporting. They are expected to propound propositions that mirror truth, under the epistemic correspondence theory of truth they ascribe to, with the goal of providing the American public with reports on facts--'states of affairs' as philosophers prefer to refer to these “things,” “facts”--about and in the world, rather than propounding subjective  evaluations, about the facts, that is to say, providing extraneous comments about the states of affairs reported on.Reporters answer fundamental ‘who,’ ‘what,’ ‘where,’ ‘when,’ and, occasionally, ‘how’ questions. It is not the purpose of reporters to ask and to discuss ‘why’ questions, which brings us back to Skow’s book, directed principally to the philosophy of science, as “why” questions set the stage for causal explanations for events. Yet, today, we see mainstream media encroaching more and more on ‘why’ questions. They do so—as they may say—to engage the public in open and lively discussion, and to give context to their news reporting. They attempt to explain the reasons for events and, they proceed, then, to a consideration of changes that they believe should occur for the benefit of society. But that is shifty, deceptive, and not the basic motivation of mainstream news reporters for dealing with “why” questions at all. They provide answers to “why” questions to manipulate thought. They sermonize. Sometimes they do this calmly and collectedly. More often they do this callously and caustically; bombastically and sanctimoniously; stridently and angrily. They do this to cajole the public into accepting the nonsense they spout, attempting to convince the public that their prescriptions for dealing with the many events they report on, that they write about, is right, and proper, and just, and should be acted upon by policy makers. Many Americans—all too many members of the American public, to date, but, increasingly, fortunately, fewer members of the American public, through time—do still accept, unconditionally and uncritically, the presumptuous and vapid claptrap the mainstream media offers up for the American public’s consumption. Indeed, these reporters—now propagandists —working for mainstream newspapers and other mainstream news organizations, attempt to disguise the subjective evaluations they propound about events as true, simple, to-the-point, objective, accurate accounts of the events reported on, when subjective evaluations and objective reports about states of affairs in and of and about the world merge into each other, or where one becomes the other, and the public is left with the impression that it has received bare factual accounts about news events when they are really obtaining subjective appraisals of the events reported on.

MAINSTREAM MEDIA’S DANGEROUS PREOCCUPATION WITH FIREARMS AND THE SECOND AMENDMENT:

One of the favorite topics of the mainstream media involves news about ‘gun crimes,’ which are particularly susceptible to this subterfuge that mainstream news reporters engage in which is to mix objective news accounts into subjective evaluations.  If newspaper and cable networks and radio simply reported instances of ‘gun crimes,’ dryly and matter-of-factly, and left the matter at that, that would be fine. But, then, mainstream newspapers and cable news networks, were they true to their creed, would also report on defensive uses of firearms. Yet, the mainstream newspapers and their affiliates on cable news invariably remain silent on defensive use of guns by law-abiding citizens who forestall gun violence, through use of their own firearm or who use a firearm, as necessary, to defend themselves or to defend other innocent lives. One would think that accurate reporting would require newspaper accounts to strive to report all news events: to report, then, on the use of firearms by ordinary Americans to thwart violent criminal acts, as well as to report gun crimes committed by lunatics, terrorists, criminal gang members, and by your garden-variety common criminal.

SELECTIVE NEWS REPORTING IS DEMONSTRATIVE OF “FAKE NEWS” NO LESS SO THAN FALSE REPORTING OF NEWS

The non-reporting of critical news events constitutes deception no less than the false reporting of news events and no less than the habit of mainstream news reporters of adroitly stirring subjective evaluations into news accounts. The mainstream media, including, prominently, The New York Times—whose motto is, “All the News That’s Fit to Print”—infers, or, more correctly, assumes that defensive use of firearms isn’t news that’s fit to print at all; so, the American public doesn’t see it. But, it is news just the same and, to our mind, this news does fall squarely into the domain of “All the News That’s Fit to Print.” The New York Times refuses to report on instances of defensive uses of guns as that tends to denigrate and weaken the running narrative that guns cause only bad things to happen. Still, if The New York Times stuck to reporting gun violence and refrained from proselytizing about the “evil” of guns, we might accept reporting of those events involving gun violence alone even if the Times’ accounting of “use of guns” is incomplete—as in the case of utilization of firearms for self-defense. Unfortunately, The New York Times and other mainstream news organizations do not and will not stop with reporting the ‘who,’ ‘what,’ ‘when,’ ‘where,’ and ‘how’ of gun violence. These mainstream news organizations tread dangerously into the realm of the ‘why’.’ They dare to ask, rhetorically, ‘why did the individual commit a violent act with a gun.’ The ‘who,’ ‘what,’ ‘when,’ ‘where,’ and ‘how’ of gun violence, then, is merely a side-note. It is merely incidental to and serves to buttress their argument for strengthening draconian gun laws and adding ever more to the serried ranks of restrictive federal and State gun laws and local gun ordinances. And, it is these arguments for ever more restrictions on the exercise of the right of the people to keep and bear arms that the mainstream media makes, constantly, ad nauseum: sermonizing, proselytizing to the American public.The reporting of news merely operates, then, as an introduction to what it is that mainstream news organizations really wish to do which to address “the need to get rid of guns in this Country.” So, reporters and editors of mainstream news organizations, like The New York Times, mention instances of gun violence in order that they might proceed with their long-running, never-ending polemic on why gun violence occurs and wherefore gun violence happens and ‘why civilian access to guns is wrong and why, therefore, guns ought to be abolished. And, that is where mainstream news organizations have gone astray. They should protect this Nation, this Free Republic; but they have, instead, hijacked this Nation as they work strenuously, and actively, and insidiously against it, undermining the Nation’s Bill of Rights, all the while masquerading that they are the guardians of it, oblivious to the inherent invidiousness of their pronouncements.Mainstream news Reporters and Editors wrongly assume the role of psychologists, and psychiatrists, and sociologists, and politicians, and ethicists, and attorneys among others. They do not merely report the news, they attempt to explain the news. In so doing, the mainstream media no longer remains the outside, neutral observer of news events, coolly describing events, but insinuates itself into the events themselves, observing itself and thereupon reflecting its own image onto the American public’s psyche, and, in a most contemptuous fashion, proclaiming to the American public how the public ought to see the world and how the world ought to be molded and shaped.And, with that—with attempts to answer “why” questions—these mainstream news organizations carefully construct and carefully calibrate their explanations and use these explanations as springboards to “ought imperatives” such as: ‘no American civilian ought to have access to firearms;’ and ‘this Nation ought to have more stringent, common-sense gun control laws’; and ‘this Country ought to perceive gun ownership and gun possession as unnecessary and dangerous to the well-being of a modern society;’ and ‘Americans should abhor guns like most citizens do who reside in other Western Countries, like those citizens of Nations that comprise the EU do;’ and ‘ everyone has the right of free speech as long as one’s comments do not offend another person’s sensibilities; and ‘employers ought to be able to control their employees thoughts and ideas, whether on the job or off,’ and that ‘censoring of ideas and opinions and beliefs is wrong, except that, sometimes, it could be right.’Not content to declare what it is that happens to be the case—the “thus and so” of a given news event—mainstream news reporters and editorial boards tell us what “ought to be the case.” Now, generally, newspapers have used opinion editorials—“Op-Eds”—as a place where they feel they are at liberty to answer the ‘why,’ the cause of such event, and, therein, to express and expound upon the ‘ought,’ as they see it, from the occurrence of a given event. But this seeming bright-line separation between “news” and “opinion” is no longer perceptible or tenable in the age of mind control and psychological conditioning through various media mechanisms. The one flows seamlessly into the other. But normative ‘ought’ statements—normative prescriptions of the way the world should be, according to mainstream media—do not logically follow from ‘is’ statements—descriptions of the way the world happens to be, notwithstanding that mainstream news Reporters and Editors assume that ought prescriptions can be derived from and deduced from “is” descriptions, and we see, now, that Reporters and Editors of mainstream news organizations commence to operate as if the one can be derived from and deduced from the other. But, they cannot.It is hardly a secret that mainstream newspapers, like The New York Times, vehemently, indeed virulently, oppose possession of firearms by anyone in society, other than law enforcement, and other than the military and--although they won’t admit it--other than by the powerful, ruthless billionaire class that increasingly rules us and that seeks to destroy our free Republic, and that seeks to destroy the sovereignty and independence of our Nation State, and that seeks to destroy our unique and sacred Bill of Rights.Now, even as the owners of mainstream media vehicles will quickly deny—at least in their reporting of events—any specific position toward firearms and the right of the people to keep and bear arms, the fact of the matter is that the owners of these mainstream media news vehicles have, as with any other subject discussed in their media vehicles’ “bag of tricks,” specific opinions that infiltrate, insinuate themselves into, and seep and filter in and through, descriptions of news events. So, the public is not obtaining merely descriptions of news events, but prescriptions about how the public should think about those events and the sorts of actions that should be taken by policy makers from those events. Bad enough that mainstream media is reduced to propagandizing and proselytizing to the public through control of virtually every major form of media apart from a few outlier websites such as the Arbalest Quarrel, but mainstream media seeks, of late, to control the thoughts and actions of their own employees, too.Consider, one mainstream media news organization, The New York Times, goes so far as to control its reporters’ exercise of their personal First Amendment right of Free Speech even when they are not writing specifically for the newspaper. This is reprehensible and, likely would not survive Constitutional muster if challenged and is odd, too, when one considers that The New York Times, and other mainstream media news organizations, vociferously, presumptuously, and hypocritically argue that the President wrongly attacks their First Amendment right of freedom of the Press. Yet, the U.S. President is also a citizen and, as a citizen, he certainly has the right, guaranteed under the free speech clause of the First Amendment to call out “fake news” narratives when he sees it. And, he rightly does so, on behalf of himself and on behalf of those Americans who support him.

GROUPTHINK VERSUS THE FIRST AMENDMENT RIGHT OF FREE SPEECH

Lest the reader of this article think that the Arbalest Quarrel has made a false claim about The New York Times controlling its employees’ expression of personal opinion, outside of employment, we point out that the Times, itself, expressly admits as much. On October 16, 2017, a reporter for the New York Times, Jim Rutenberg, writing in the Business Section of the Times newspaper, in an article titled, “Seeing Right Through Tech Chiefs’ Talk of Better ‘Transparency’”, said: “My newspaper [The New York Times] is [when reporting on Tech Companies control of their employees’ opinions], also dealing with the question of how transparent a person should be on social media. On Friday, it announced a new policy for its journalists requiring them to avoid say anything on the platform [that is to say, reporters must avoid saying anything on any and all vehicles, aside from The New York Times, when, on their own time] that they could not say under the banner of The New York Times. At a TimesTalks event in Washington on Thursday night, the Times’ executive editor, Dean Baquet, said that overly opinionated or partisan tweets could undermine the paper’s mission of reporting ‘objectively and clearly.’” Who is Baquet kidding? The assertion is nonsensical and disingenuous to boot. For, it isn’t “objective and clear reporting” that the NY Times newspaper is interested in protecting. It is, rather, a specific “subjective viewpoint” that the owners and Editorial Board of The New York Times seeks to foster and buttress, and it is a subjective viewpoint that the drafters’ of the newspaper’s new policy obviously presume that every employee of the newspaper knows or should know. In fostering and buttressing that viewpoint, the newspaper’s owners and Editorial Board would squelch a reporter’s right of free speech in that reporter’s capacity as an American citizen, even when, on that reporter’s own time, the reporter wishes freely to express his or her own viewpoint on a subject, absent constraints imposed on the reporter in the course of his or her work for the newspaper. Obviously, it isn’t objective facts that the owners and Editorial Board of The New York Times is concerned about protecting—despite what Baquet says; for, after all, the facts can take care of themselves. Rather, it is the running narrative—the “why” and of a story—that The New York Times’ owners and Editorial Board wish to maintain an overarching monopoly on. It is the running narrative, as it were, that they wish to control and that they intend to control, through the Times’ new policy.The newspaper, thereupon, muzzles and censors its own reporters First Amendment free speech rights, through a policy that operates essentially as a “gag order” lest its reporters, and any other employee, working for the newspaper, weaken the running narrative the newspaper’s publisher owners and Editorial Board wish to convey and to maintain clear, categorical, and unequivocal. Consider, too, that, this new policy directive of the New York Times, as issued by the executive editor, Dean Baquet is logically absurd, as well as legally insupportable. For, if a newspaper is simply describing events, objectively and clearly—the ‘who,’ ‘what,’ ‘when, ‘where,’ and, occasionally, ‘how,’ of the news—an account that “mirrors” a state of affairs in the world, how can such objective description feasibly be subject to subjective analysis? The answer is that it cannot; for such descriptive account of a news event, of a particular state of affairs in the world, can only admit of one accurate descriptive account, not multiple accounts. Only subjective analyses—one’s opinions—of descriptive accounts can admit of and allow for multiple and incompatible propositions about an event. Thus, there can only be one accurate descriptive account about any given actual state of affairs but many subjective opinions about that one descriptive account. If so, then how can one’s opinion about an objective news account, the ‘why’ statements and ‘ought’ statements, “undermine the paper’s mission of reporting ‘objectively and clearly?’” The answer is that opinions cannot undermine a newspaper’s objective reporting of an event.Recall what we said, supra. Normative, prescriptive ‘ought’ statements about the way the world should be do not logically follow from or entail descriptive ‘is’ statements, namely declarative propositions about the way the world happens to be. So, then, take the example of a lunatic, or psychopathic terrorist who kills innocent people with a gun. The newspaper reporter recounts the event in a news story. Likely, the news account will be, as well, laced with inaccurate, suggestive wording regarding the gun incident. Then, suppose that the reporter that wrote the story for the newspaper, writes, on his own time, on a social media site, that he supports the arming of all American citizens, as a method for reducing criminal gun violence. Would that supposition undermine a newspaper’s mission of reporting accurately and objectively? How can it? It cannot. It cannot because logically accurate, objective, clear reporting of an event—that is to say, logically accurate, objective, clear reporting of a state of affairs in and of the world—does not implicate and cannot implicate, anything, intelligible about the way the world—from one perspective or another—ought to be. Yet, you and I both know where this goes. For, assume, then, the newspaper’s editorial board, follows up the descriptive account of a terrorist murdering innocent people with a firearm, with an Op-Ed calling for new restrictive gun laws, impacting law-abiding, rational, responsible American citizens' exercise of the right to keep and bear arms. Clearly, if a reporter working for the newspaper were to argue, contrary to the position of the editorial board, that all law-abiding, sane, responsible Americans ought to be armed and that Congress should enact a national handgun carry reciprocity law, such normative viewpoint on gun ownership and possession would be at loggerheads with the editorial board’s own normative viewpoint on gun ownership and possession--one calling for confiscation of all firearms in the hands of civilians.It is not the descriptive account of a violent gun incident that the newspaper owners and editorial board are concerned about protecting. Rather, it is the normative, prescriptive remarks concerning the buttressing of restrictive gun laws that The New York Times owners and Editorial Board is desirous of protecting. For, the two normative, prescriptive viewpoints—one viewpoint expressing the desire for more restrictive gun laws and the other viewpoint calling for a relaxing of restrictive gun laws—are semantically incompatible and logically inconsistent. The reporter who writes something, on his own time, in another medium, arguing for the arming of civilian population in America could end up receiving a “pink slip” from his employer, a mainstream news organization, for that employee's troubles—and he may receive a very public rebuke as well.Extrapolating from this, to the new policy of the NY Times, it should be evident that the mission of the newspaper is not, contrary to Dean Baquet’s assertions, undermined if the newspaper were only concerned about protecting clear and objective and accurate reporting of news events. It is, rather, something other or, at least, in addition to the protection of objective and accurate reporting of news events. For, the more emphatic, persistent, and ominous mission of The New York Times is one not of reporting news events, it is, rather, one of persuasion—persuading the American citizenry, for example, that civilian gun possession should be radically restrained and constrained, and that the Second Amendment is archaic and should be repealed. And, these normative prescriptions of the way the Nation ought to look, of the way things ought to be are conveyed to the American public constantly, vociferously, incessantly, through the medium of The New York Times. Obviously, a reporter that does not share the normative worldview of the newspaper’s publisher and owners and of the Newspaper’s Editorial Board and who wishes to make his or her contrary thoughts known in another medium, on his or her own time, will be skating on thin ice, for it is this person’s personal opinion that the newspaper’s owners and editors really see as undermining one specific mission of the paper—a mission that is directed to restricting and thereby weakening gun rights, not expanding or strengthening gun rights. The objective reporting of a particular instance of gun violence is not affected by differing opinions concerning the right of the people to keep and bear arms. The matter of restricting or strengthening gun rights has, then, absolutely nothing to do with the mere reporting of a particular incidence of gun violence. Normative, ethical pronouncements have nothing to do with and do not follow from a descriptive accounting of a particular event in the world. But, the newspaper’s owners and editors don’t wish to acknowledge this. They do not wish to be seen as preventing their employees from exercising their fundamental right of free speech. So, they concoct a subterfuge. They come up with a ludicrous rationale for their news policy—a rationale that is tantamount to doing just what they do not wish to be seen as doing: preventing their reporters from exercising their First Amendment right to speak freely, and on their own time, whatever it is that their reporters may wish to say, pertaining to personal opinions about this or that subject, through a medium other than through The New York Times newspaper.The NY Times’ owners thus deny to their employees the free exercise of a fundamental right guaranteed under the First Amendment to the U.S. Constitution, a right they, as members of an “aristocratic elite,” as they fashion themselves, garner for themselves. And, of course, these aristocratic “elite” see no inconsistency in reserving for themselves those fundamental rights that they would deny to their employees, as American citizens, and which they would deny to most every other American citizen if they could, whether it be the right of free speech under the First Amendment to the U.S. Constitution that they would like to restrict or the right of the people to keep and bear arms, under the Second Amendment to the U.S. Constitution.Imagine, for a moment, that the writers of the Arbalest Quarrel happened to work as reporters for the NY Times. Would the Times’ publishers and editors suffer us to write in support of the Second Amendment to the U.S. Constitution? Not under this new policy as heralded by Dean Baquet, which he, as a spokesperson for The New York Times, sees as a good thing, as a positive thing. But that can only mean The New York Times does not draw a tenable distinction between its opinion articles and its news articles. Objective facts and subjective opinion are conflated. Opinion and Fact are all one and the same for the owners and Editorial Board of The New York Times. Thus, The New York Times owners and Editorial Board, through this incongruous sleight-of-hand, argue that its reporters cannot offer an opinion, even on their own time and through a medium other than the newspaper they work for if that opinion happens to be inconsistent with and therefore is perceived as operating to the detriment of the newspaper owners’ and Editorial Board’s running of an Op-Ed/News narrative. This, though, has nothing to do with protecting objective facts which can very well take care of themselves. It has everything to do with controlling the thought processes of the public. The public is coerced into accepting one line of thought regarding any subject that The New York Times happens to write on and the Newspaper will suffer no viewpoint to the contrary.

THE OWNERS AND EDITORS OF THE NEW YORK TIMES ARE HYPOCRITES

The hypocrisy of the NY Times’ owners and Editorial Board toward the First Amendment free speech protection—a right it would retain for itself, as coupled with freedom of the Press, and which it has the audacity to refuse exercise of by the Newspaper’s employees—was not lost on another mainstream newspaper, the Wall Street Journal, no less a mainstream newspaper—a “gatekeeper” ostensibly on “the right” of the political spectrum, but still a mainstream media newspaper just the same, representing the wealthy “nobility” in this Country. William McGurn, writing an Opinion, titled, “The NFL vs. the New York Times,” on Tuesday, October 17, 2017, quoting the NY Times editor, Baquet, at length, which the NY Times itself dared only to touch upon ever so slightly for its readers, noted the hypocrisy and doublespeak and smug self-assurance coming from the Times. “Mr. Baquet says ‘. . . In social media posts, our journalists must not express partisan opinions, promote political views, endorse candidates, make offensive comments or do anything else that undercuts The Times’s journalistic reputation. Our journalists should be especially mindful of appearing to take sides on issues that The Times is seeking to cover objectively. These guidelines apply to everyone in every department of the newsroom, including those not involved in coverage of government and politics. . . . We consider all social media activity by our journalists to come under this policy. . . . While you may think that your Facebook page, Twitter feed, Instagram, Snapchat or other social media accounts are private zones. Separate from your role at The Times, in fact everything we post or ‘like’ online is to some degree public. And everything we do in public is likely to be associated with The Times.” If this is the rationale for gagging a citizen’s right of free speech, it is a poor argument, as it denigrates the very idea inherent in a newspaper—the notion of factual reporting of events. It also denigrates the very notion of free expression, one of the essential legs upon which a free Republic—our free Republic—stands. Indeed, it is the very notion of critical comment and commentary that the American public has a right to demand. The New York Times’ owners and Editorial Board admit their fear of critical comment, commentary, and review. The New York Times’ owners and Editorial Board admit their fear of public consumption of opinions different from and contrary to their own. The New York Times’ owners and Editorial Board fear open and public and lively debate. All this the American public now hears from a newspaper that loudly proclaims the right of a Free Press, codified in the First Amendment to the U.S. Constitution—but, apparently, only so long as there exists one voice—that of the NY Times’ owners and Editorial Board which they would deign the American public to hear. Through this policy The New York Times’ owners and Editorial Board are telling their employees that the purpose of The New York Times goes far beyond the mere reporting of “All the News That’s Fit to Print,” far beyond the recitation of objective facts. The newspaper’s owners and Editorial Board has informed the American public, “clearly and objectively and accurately, that the newspaper engages in influence peddling and, more, that it will suffer no viewpoint on any subject other than its own, as dictated to it by its benefactors: the enclave of  incorrigible, intractable, ruthless, secretive, inordinately wealthy and powerful internationalist, trans-nationalist, globalist “elite,” both here and abroad, who seek to undercut the sovereignty of this Nation, who seek to undermine the supremacy of this Nation’s laws, and who seek to pervert and debase the sanctity of the natural and fundamental rights of this Nation’s citizenry.The New York Times’ new policy goes well beyond the import and purport of the Hatch Act that applies to Federal Government Bureaucrats. The Hatch Act of 1939 prohibits the vast Federal Government Bureaucracy from taking part in political campaign activities, but the Act does not prevent a Government Bureaucrat from expressing his own political or social or philosophical view on social media, on his or her own time, as that would be at loggerheads with the free speech clause of the First Amendment. Yet, the new policy of The New York Times' Editorial Board goes must further. For, here we have a mainstream newspaper, the fervent promoter of and benefactor of the Freedom of Press clause of the First Amendment, that dares to deny of its own employees the right of free speech—which also resides within the First Amendment to the U.S. Constitution—when those employees wish to exercise, outside of their employment in their capacity as American citizens, the right embodied in the First Amendment. Thus, The New York Times disparages and decries of others what it would monopolize for itself—the right to express an opinion. Clearly the Times Newspaper is not interested in protecting objectivity in reporting. It is only interested in controlling opinion and, when it comes to the Second Amendment, the NY Times intends to control opinion--to control the narrative--completely, even if the exercise of that control amounts to denying--denying of its own employees, in their capacity as citizens of the United States, and denying to those employees, hypocritically, as well as denying to those employees, unlawfully-- the very right of free speech, which it would jealously guard for itself.Apparently, The New York Times is taking its cue from Germany. In an article posted on June 30, 2017, titled, “Delete Hate Speech or Pay Up, Germany Tells Social Media Companies,”  NY Times Reporters, Melissa Eddy and Mark Scott, write:“Social media companies operating in Germany face fines of as much as $57 million if they do not delete illegal, racist or slanderous comments and posts within 24 hours under a law passed on Friday.The law reinforces Germany’s position as one of the most aggressive countries in the Western world at forcing companies like Facebook, Google and Twitter to crack down on hate speech and other extremist messaging on their digital platforms.But the new rules have also raised questions about freedom of expression. Digital and human rights groups, as well as the companies themselves, opposed the law on the grounds that it placed limits on individuals’ right to free expression. Critics also said the legislation shifted the burden of responsibility to the providers from the courts, leading to last-minute changes in its wording.Technology companies and free speech advocates argue that there is a fine line between policy makers’ views on hate speech and what is considered legitimate freedom of expression, and social networks say they do not want to be forced to censor those who use their services. Silicon Valley companies also deny that they are failing to meet countries’ demands to remove suspected hate speech online.Still, German authorities pressed ahead with the legislation. Germany witnessed an increase in racist comments and anti-immigrant language after the arrival of more than a million migrants, predominantly from Muslim countries, since 2015, and Heiko Maas, the justice minister who drew up the draft legislation, said on Friday, that it ensured that rules that currently apply offline would be equally enforceable in the digital sphere.”As a prime example of hypocritical, contradictory “doublespeak,” the Times Reporters, add this remark of Maas:“‘With this law, we put an end to the verbal law of the jungle on the internet and protect the freedom of expression for all,” Mr. Maas said. “We are ensuring that everyone can express their opinion freely, without being insulted or threatened.’“That is not a limitation, but a prerequisite for freedom of expression,” he continued.” What? Taking away a person’s right of free speech is to be equated with giving that person the right of free speech? Unless something was lost in translating the German into English, here, this remark by Heiko Maas is a contradiction in terms and the quintessence of bombastic absurdity. Maas should be ashamed of himself. Apparently, though, The New York Times felt there was something noteworthy in the remarks of Maas to the extent that The New York Times felt that Germany’s new National policy is worthy of adoption by the Times newspaper itself. Incredible! But, the absurdity fostered transcends well beyond the Times itself. As the newspaper reports, major publishing houses are hiring so-called “sensitivity readers”—at the moment directed to the writers of children’s books. In an article, published on December 24, 2017, titled, “In an Era of Online Outrage, Do Sensitivity Readers Result in Better Books, or Censorship?,” by Times reporter, Alexandra Alter, we are told that,“In today’s hair-trigger, hyperreactive social media landscape, where a tweet can set off a cascade of outrage and prompt calls for a book’s cancellation, children’s book authors and publishers are taking precautions to identify potential pitfalls in a novel’s premise or execution. Many are turning to sensitivity readers, who provide feedback on issues like race, religion, gender, sexuality, chronic illness and physical disabilities. The role that readers play in shaping children’s books has become a flash point in a fractious debate about diversity, cultural appropriation and representation, with some arguing that the reliance on sensitivity readers amounts to censorship. . . . Behind the scenes, these readers are having a profound impact on children’s literature, reshaping stories in big and small ways before they reach impressionable young audiences. Like fact checkers or copy editors, sensitivity readers can provide a quality-control backstop to avoid embarrassing mistakes, but they specialize in the more fraught and subjective realm of guarding against potentially offensive portrayals of minority groups, in everything from picture books to science fiction and fantasy novels. . . . Some see a downside to publishers’ growing reliance on sensitivity readers, and warn that it could lead to sanitized books that tiptoe around difficult topics. Skeptics say the heightened scrutiny discourages authors from writing about cultures other than their own, resulting in more homogenized literature. “Can we no longer read ‘Othello’ because Shakespeare wasn’t black?” the novelist Francine Prose wrote recently in an essay about sensitivity readers and censorship in The New York Review of Books."The NY Times' reporters, continue:

"Others have echoed that view, arguing that sensitivity readers might have derailed works like William Styron’s “The Confessions of Nat Turner,” Harper Lee’s “To Kill a Mockingbird” or Mark Twain’s “Adventures of Huckleberry Finn.” After the subject was covered in Slate, a writer for National Review fretted that “if ‘sensitivity readers’ are given the freedom to hijack authors’ visions, we’re going to lose some beloved works of art that we could have otherwise enjoyed.”

Is The New York Times’ “gag order” policy anything less than an attempt to censor opinion? Does not The New York Times impose its own sensitivity readers—its Editorial Board—on all ideas expressed. We are seeing, in this Country, an attempt to second-guess every written and spoken word. The American public is not the better but all the worse for it.This attempt by the Deep State and by the mainstream media to control guns, to control thoughts, to control actions is leading to societal upheaval, mass hysteria, pandemonium. Perhaps this is by design—an attempt to create volatility and confusion in order to weaken this Nation, to weaken its resolve, to weaken the Bill of Rights so that we, American citizens, will be ripe for takeover by the powers that seek to crush us into submission.

HOW FAR WILL THE NEW YORK TIMES AND OTHER MAINSTREAM NEWS ORGANIZATIONS GO TO TRAMPLE THE SECOND AMENDMENT TO THE U.S. CONSTITUTION, AS WE ENTER A NEW YEAR?

As this year draws to an end, The New York Times has commenced a series of articles, “The Home Front,” where the newspaper’s Editorial Board is calling for a major transformation of the Lautenberg Amendment, 18 USCS § 921(a)(33)(A)(i). What is the Lautenberg Amendment? Essentially the Lautenberg Amendment of 1996, following in the footsteps of the Violence Against Women Act of 1994, makes it unlawful for any person convicted of a misdemeanor crime of domestic violence to possess a gun. Here we have the NY Times Editorial Board writing an extensive series of articles on a law—subsumed under the Gun Control Act of 1968—that the Editorial Board knows little, if anything about, and seems to care even less of what it may know about, the law, but writes with presumed and presumptuous authority and certitude about a law as if it knows full well whereof it speaks. Yet, it knows nothing. Nonetheless, the NY Times Editorial Board skirts broad discussion of the actual law itself and yet writes extensively and boldly about why the law needs to be strengthened.The NY Times' Editorial Board should not be proselytizing to the American public on matters beyond its professional ability to explain and decipher. Actually, the Editorial Board should not be proselytizing to the American public at all, but certainly not on matters of law, especially those impacting fundamental Constitutional Rights. The Editorial Board, likely, does not include lawyers. Unfortunately, that doesn’t prevent, the Editorial Board from expounding upon the law. That it chooses to do so is illustrative of an overbearing pompous attitude exhibited in discussing legal matters. This pompous attitude adds to, rather than distracts from, this Newspaper’s condescending attitude toward its readers. The Editorial Board apparently believes it can successfully cloak its ineptitude concerning law and legal matters by cultivating an air of moral superiority when pontificating on matters involving firearms and on the exercise of the right to keep and bear them.The Editorial Board of the NY Times suggests—nay, demands—as seen in this series, which has yet to conclude, that the law—the Lautenberg Amendment—ought to be transformed. The Editorial Board would create a monstrosity, denying to millions of Americans their right to own and possess firearms.We will take to task in forthcoming articles on the Lautenberg Amendment in the New Year. We will provide you with the language of the Statute as it exists—something The New York Times will not provide for its readers. We will explain the meaning of the law as drafted and enacted, and will discuss problems with it, in the context of the Second Amendment and in the context of the Equal Protection and Due Process Clauses of the Fifth and Fourteenth Amendments to the U.S. Constitution as well. The law is poorly drafted. The New York Times would make a poorly drafted law even worse, as it calls on the public to blindly go where the newspaper leads it—to the edge of a cliff.Returning, for a moment, to the Yale a cappella group’s Wiffinpoof Song, consider, in light of the foregoing remarks set down in this essay:

WHO REALLY ARE THESE “BLACK LITTLE SHEEP IN THE WIFFINPOOF SONG WHO HAVE LOST THEIR WAY? ARE THE BLACK LITTLE SHEEP THOSE MEMBERS OF THE AMERICAN PUBLIC WHO HOLD TO TRADITIONAL VALUES, MORES, CODES OF CONDUCT, HISTORICAL PURITY—WHO VIEW THIS NATION AS THE FOUNDERS OF THE REPUBLIC, THE FRAMERS OF THE CONSTITUTION, ESTABLISHED—OR DO THEY INCLUDE THOSE PEOPLE WHO STAFF THE INSTITUTIONS OF THIS NATION: NAMELY AND PARTICULARLY, THOSE PEOPLE WHO STAFF THE  MAINSTREAM MEDIA; VARIOUS MEMBERS OF CONGRESS; THOSE PEOPLE WHO STAFF THE VAST BUREAUCRACY OF GOVERNMENT; AND NOT LEAST, THOSE CONFUSED AMERICANS WHO HAVE BOUGHT INTO THE CAREFULLY PLANNED AND ORCHESTRATED RUSE THAT NATIONALISM IS BAD, THAT OPEN BORDERS ARE GOOD; THAT ANYONE WHO BELIEVES HIM OR HERSELF TO BE AN ‘AMERICAN’ IS AN ‘AMERICAN’ EVEN IF THAT PERSON IS RESIDING HERE ILLEGALLY; THAT GUNS ARE EVIL AND THAT GUN BUYBACKS ARE GOOD; THAT GENDER IS NOT BIOLOGICAL AND ABSOLUTE BUT INFINITELY MALLEABLE, SO THAT A MAN IS A WOMAN AND A WOMAN IS A MAN AS ONE WISHES TO BE; OR, PERHAPS, NEITHER, OR PERHAPS, BOTH AT ONCE; AND THAT WE, AMERICAN CITIZENS, ARE NO LONGER TRULY CITIZENS OF THE UNITED STATES, BUT, RATHER, CITIZENS OF THE WORLD—ONE BIG, GLORIOUS HAPPY FAMILY, FIXATED ON MATTERS OF IMPORTANCE: SPORTS, ENTERTAINMENT, CLOTHES AND JEWELRY AND COSMETICS—THE DAILY DOSE OF SOMA TO KEEP A PERSON, HAPPY, CONTENTED, AND ASLEEP? PERHAPS, TO SOME EXTENT, BOTH ARE “BLACK LITTLE SHEEP”: AMERICANS WHO SEEK TO HOLD ON TO THEIR BIRTHRIGHT, WHO CHOOSE NOT TO “GET WITH” THE NEW PROGRAM, THE BRAVE NEW WORLD ORDER, ON THE ONE HAND, AND THOSE, ON THE OTHER HAND, WHO SEEK TO DEMOLISH THE RIGHTS AND LIBERTIES THAT THE FOUNDERS OF THIS NATION, OF THIS REPUBLIC, HAD SO LOVINGLY BEQUEATHED TO US, THE AMERICAN CITIZENRY? PERHAPS THIS NATION AND ITS CITIZENS AND THE IGNORANT, ILL-INFORMED AMONG US AND THE DEMON KIND WHO WISH TO RULE OVER EVERYONE AND EVERYTHING ARE ALL WELL LOST AND HAVE ALL GONE ASTRAY. PERHAPS IT IS MUCH TOO LATE FOR THIS NATION AND MUCH TOO LATE FOR ALL THE DENIZENS IN IT. IF SO, THEN, LET US ALL CHIME IN: “BAA, BAA, BAA!” BUT, WE HOPE ALL IS NOT LOST FOR US, TRUE AMERICANS, WHO SEEK TO PRESERVE OUR NATION AND OUR CONSTITUTION AND OUR CONSTITUTION'S MOST SACRED AND CRITICAL COMPONENT--THE BILL OF RIGHTS--WHO SEEK TO PRESERVE OUR NATION AND OUR CONSTITUTION AS ORIGINALISTS, TO UPHOLD OUR TRADITIONS, OUR VALUES, IN THE MODE OF THE FOUNDERS OF THIS GREAT NATION, IN THE MODE OF THE FRAMERS OF OUR CONSTITUTION. WE MUST CARRY ON; WE MUST PERSEVERE, AND WE MUST BE EVER WARY AND CAUTIOUS OF THOSE WHO TALK ABOUT CHANGING OUR NATION, CHANGING OUR CORE VALUES AND CORE TRADITIONS, CHANGING OUR HISTORY, "TO KEEP UP WITH THE TIMES;" FOR THESE ARE PSEUDO AMERICANS; THEY ARE THE BETRAYERS OF OUR NATION, THEY ARE BETRAYERS OF THE FOUNDERS OF THIS FREE REPUBLIC; THEY ARE BETRAYERS OF OUR CONSTITUTION AND OF OUR SACRED BILL OF RIGHTS. THEY USE AN ODD NOTION OF MORALITY TO CLOAK THEIR DESIRE TO TEAR DOWN THIS NATION STATE; TO DESTROY OUR SOVEREIGNTY; TO DESTROY OUR CONSTITUTION; TO DESTROY OUR NATURAL, FUNDAMENTAL RIGHTS AND LIBERTIES--RIGHTS AND LIBERTIES THAT EXIST IN US INTRINSCIALLY AS THEY COME TO US FROM THE CREATOR AND CANNOT THEREFORE BE LAWFULLY TAKEN FROM US BY GOVERNMENT. WE MUST PRESERVE AND STRENGTHEN OUR RIGHT TO SPEAK FREELY, TO PRESERVE AND STRENGTHEN OUR RIGHT TO KEEP AND BEAR ARMS, TO PRESERVE AND STRENGTHEN OUR RIGHT TO BE FREE FROM UNREASONABLE SEARCHES AND SEIZURES, TO PRESERVE AND STRENGTHEN OUR PERSONAL PROPERTY RIGHTS, TO PRESERVE AND STRENGTHEN OUR RIGHT TO BE LEFT ALONE. ALL THESE NATURAL, FUNDAMENTAL RIGHTS ARE UNDER CONCERTED ATTACK BY THE MAINSTREAM MEDIA AND BY THEIR FELLOW TRAVEVLERS IN CONGRESS AND BY THOSE BUREAUCRATS THAT LURK IN THE SHADOWY CORNERS OF GOVERNMENT, UNSEEN AND UNHEARD, AND BY THE SECRETIVE AND RUTHLESS INTERNATIONALIST, TRANS-NATIONALIST ROTHSCHILD CLAN AND BY THEIR TOADIES IN THE UN AND IN THE WTO, IMF, WORLD BANK AND IN OTHER "INTERNATIONAL" ORGANIZATIONS--EVER SCHEMING BEHIND CLOSED DOORS TO INCORPORATE THIS NATION INTO THE EU AND EVENTUALLY TO DISMEMBER ALL WESTERN NATION STATES, MERGING AND SUBMERGING THEM INTO A NEW WORLD ORDER, PRESIDED OVER BY A COLD-HEARTED WEALTHY AND POWERFUL RULING "ELITE," DICTATING POLICY TO WE, THE NEW SERFS OF THAT NEW WORLD ORDER, WHO HAVE NO RIGHTS, NO LIBERTIES, SAVE THOSE THAT THE RULING "ELITE" DEIGN TO GRANT TO US AND WHO MAY, ON A WHIM, TAKE FROM US.

The Arbalest Quarrel seeks to awaken the American public from its slumber. As always, and most importantly, the Arbalest Quarrel will set the record straight on matters involving this Nation’s most sacred right—the right of the people to keep and bear arms, as codified in the Second Amendment to the U.S. Constitution. In 2018 we will press for enactment of national handgun carry reciprocity and propose our own language to avoid attempts by some States to ignore the national handgun carry reciprocity if, or, hopefully, when, enacted. We will explore the qualifications of certain individuals we would like to see on the U.S. Supreme Court, and we will continue with our detailed expositions of Federal and State firearms legislation and of Federal and State case law impacting on the Second Amendment. We will return to completing series we had commenced writing on in 2017 and in previous years. We have a lot of work to do, and much to accomplish.Antigun groups and antigun legislators are not sitting idly by. They intend to destroy the Second Amendment. But, like brave Horatio at the Bridge, the Arbalest Quarrel intends to stop these anti-American groups and anti-American people. But, we intend to do much more. We intend to take the fight to them, strengthening the Second Amendment, along with and in conjunction with the critical work NRA does on behalf of Americans.We will never give up our values, our history, our traditions, our Bill of Rights!Our articles and our essays stand as a testament to our commitment in support of our Bill of Rights and, especially, in support of our sacred Second Amendment. Please feel free to explore our site at www.arbalestquarrel.com. We encourage you to join our list of readers. It is easy to add your name to our list. You will receive immediate notification of the posting of our articles. There is no cost to you.We all have our work cut out for us. But, together, taking nothing for granted, and working hard to preserve and strengthen our Bill of Rights, and supporting our President in this effort, we can succeed in holding our Nation together, in the vein the Founders of our Republic intended. Won’t you join us?_________________________________________________Copyright © 2017 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.