WHY DO SOME STATE GOVERNMENTS AND THE FEDERAL GOVERNMENT BLATANTLY DEFY SECOND AMENDMENT RULINGS OF THE UNITED STATES SUPREME COURT?

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

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PART FOURTEEN

WHY DO SOME STATE GOVERNMENTS AND THE FEDERAL GOVERNMENT BLATANTLY DEFY SECOND AMENDMENT RULINGS OF THE UNITED STATES SUPREME COURT?

Scarcely eight years had passed since ratification of the U.S. Constitution in 1788 when the question of the power and authority of the U.S. Supreme Court came to a head in the famous case of Marbury versus Madison. The High Court made its authority felt in a clear, cogent, categorical, and indisputable language in this seminal 1803 case.The facts surrounding the case are abstruse, generating substantial scholarly debate. But what some legal scholars discern as having little importance to the logical and legal gymnastics the Court at the time had to wrestle with, and upon which legal scholars, historians, and logicians have directed their attention today, has become a cause célèbre today:“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. . . . This is of the very essence of judicial duty.” Marbury vs. Madison, 5 U.S. 137; 2 L. Ed. 60; Cranch 137 (1803)Article 3, Section Two of the U.S. Constitution establishes the powers of the Court:“The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution. . . .” The Constitution’s Framers sought to make the import of the articles and amendments to it as plain and succinct. And they did a good job of it.Even so, ruthless, powerful individuals in the Federal Government and in the States ever strive to thwart the plain meaning and purport of the U.S. Constitution in pursuit of their own selfish interests, imputing vagaries to language even where the language is plain and unambiguous to serve their own selfish ends to the detriment of both Country and people. And that ruthlessness extends to those who, with vast sums of money at their disposal, influence these “servants of the people,” in pursuit of and to achieve their own nefarious interests and goals.Back then, over two centuries ago, when the U.S. Supreme Court agreed to hear the case of Marbury vs. Madison, the Court deftly side-stepped the delicate political and legislative issues of the day that gave rise to the case and carved out the Court’s own territory.The High Court made two points abundantly clear:One, the U.S. Supreme Court does not answer to either the Executive or Legislative Branch. It is not to be perceived as a poor stepchild of either of those two Branches. It is a Co-Equal Branch of the Federal Government.Two, on matters impacting the meaning and purpose of the U.S. Constitution, neither the U.S. President nor Congress can lawfully ignore the Court’s rulings. This means that, where the Court has spoken on challenges to unconstitutional laws, finding particular laws of Congress to be unconstitutional, Congress has no lawful authority to ignore and countermand those rulings, or circumvent those rulings by enacting new laws that purport to do the same thing as the laws that the Court has struck down. Nor can the U.S. President cannot override the Constitutional constraints imposed on his actions.The States, too, are forbidden to ignore Supreme Court rulings, striking down unconstitutional State enactments. Nor are the States permitted to repurpose old laws or create new laws that do the same thing—operate in violate of the U.S. Constitution.  Jump forward in time to the present day.The Federal Government and all too many State and municipal Governments routinely defy the High Court’s rulings, engaging in unconstitutional conduct.But this defiance and even contempt of the High Court rulings leaves an American to ponder, “why?”Even cursory reflection elucidates the answer to that question. The answer is as plain as the text of Article Three, Section 2 of the Constitution, itself.The High Court has neither power over “the purse” that Congress wields, nor power over the Nation’s “standing army” the Chief Executive controls.Yet, the fact remains the U.S. Supreme Court is the only Branch of Government with ultimate say over the meaning of the U.S. Constitution, as Marbury made clear, well over two hundred years ago. To say what the Constitution means, when conflict or challenge to that meaning arises is within the sole province of the High Court.Unfortunately, without the capacity to withhold funds over the operation of Government, nor power to enforce its judgments by force of arms, the Court’s rulings are all too often, blatantly ignored or cavalierly dismissed.As if this weren’t bad enough, the mere fact of the Court’s authority is now actively contested.Audaciously, some individuals in Government, in the Press, and in academia, have recently argued the U.S. Supreme Court’s authority to say what the law is, should not be vested in the High Court, regardless of the strictures of Article Three, Section Two of the U.S. Constitution.Consider, an Op-Ed, titled, “Should the Supreme Court Matter So Much?” The essay appeared in The New York Times, and not that long ago, in 2018, written by Barry P. McDonald, an attorney and Law Professor no less who exclaims:“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.Why was the judicial branch given such short shrift? Because in a democracy, the political branches of government — those accountable to the people through elections — were expected to run things. The courts could get involved only as was necessary to resolve disputes, and even then under congressional supervision of their dockets.It was widely recognized that the Supreme Court was the least important of the three branches: It was the only branch to lack its own building (it was housed in a chamber of Congress), and the best lawyers were seldom enthusiastic about serving on it (John Jay, the Court’s first chief justice, resigned within six years and described the institution as lacking ‘energy, weight and dignity’).When disputes came before the Supreme Court, the justices were expected to ensure that Americans received ‘due process’ — that they would be ruled by the ‘law of the land’ rather than the whims of ruling individuals. In short, the Court was to play a limited role in American democracy, and when it did get involved, its job was to ensure that its judgments were based on legal rules that were applied fairly and impartially.What about the task of interpreting the Constitution? This question is the subject of some debate, but the founders most likely believed that each branch of government had the right and duty to determine for itself what the Constitution demanded, unless the Constitution was clearly transgressed. If the Constitution was clearly transgressed, the Supreme Court had a duty to hold Congress or the president accountable — but only in the case before it. The founders almost certainly did not envision a roving mandate for the Supreme Court to dictate to Congress, the president or state governments what actions comported with the Constitution (unless they were a party to a case before it).” The question of interpreting the Constitution is the subject of some debate? Really? Apparently, this Law Professor, Barry McDonald, has wholly forgotten the import of Marbury versus Madison, a case burnt into the mind of every first-year law student. His remarks are eccentric, disturbing, and disheartening.If the Framers of the U.S. Constitution really had such a low opinion of the High Court, they would not have constructed a Government with a Third Branch but would have subsumed it into one of the first two? Obviously, the Framers thought enough about the singular importance of the U.S. Supreme Court, to include it in the framework of the Federal Government, and as a co-equal Branch of that Government.It is one thing to ignore the U.S. Supreme Court’s rulings because of an antipathy toward those rulings and claim the Court can’t do anything about it anyway because the Court hasn’t power to enforce its rulings. That is bad enough. But it is quite another thing to argue the Court has no reason to exist, ought not to exist, and thereupon rationalize doing away with the Third Branch of Government or otherwise reducing its authority to render rulings to a nullity by Executive Branch or Legislative Branch edict.Application of alien predilections, predispositions, and ideology to the Nation’s governance is a path to abject tyranny; to dissolution of the Republic; defilement of the Nation’s culture and history and heritage; destruction of societal order and cohesion; and abasement and subjugation of a sovereign people. The Nation is on a runaway train, running full throttle, about to make an impact with a massive brick wall.The New York Times just loves to publish articles by credentialed individuals who hold views well beyond the pale of those held by their brethren if those views happen to conform to, and strengthen, and push the socio-political narrative of the newspaper’s publishers and editorial staff.Use of such dubious, fringe views to support a viewpoint is a classic example of “confirmation bias,” an informal fallacy.There are dozens of informal fallacies. And the American public is force-fed ideas that routinely exemplify one or more of them.This defiance of State and Federal Government actors to adhere to the Court’s rulings and even to contest the authority of the Court is most pronounced, most acute, and, unfortunately, most prevalent, in matters pertaining to the import of fundamental, unalienable rights and liberties of the American people—and none more so than the citizen’s right of armed self-defense.Consider——In the first decade of the 21st Century, the U.S. Supreme Court ruled clearly and unequivocally in Heller versus District of Columbia that the right of the people to keep and bear arms is an individual right, unconnected with one’s service in a militia. Associate Justice Antonin Scalia penned the majority opinion.Among its other rulings in Heller, the High Court held the District of Columbia’s blanket ban on handguns impermissibly infringes the core of the Second Amendment. It thereupon struck down the D.C. ban on handguns as unconstitutional.And the Court also held a person has a right to immediate access to a handgun in one’s self-defense. Not surprisingly, Anti-Second Amendment jurisdictions disliked these rulings and were intent on disobeying them, and arrogantly defied the Court.Looking for an excuse to defy Heller, these jurisdictions argued that Heller applies only to the Federal Government, not to them. That led to an immediate challenge, and the High Court took up the case in McDonald vs. City of Chicago.Here, Justice Alito writing for the majority, opined the Heller rulings apply with equal force to the States, through operation of the Fourteenth Amendment.Did the Anti-Second Amendment States abide by the Court’s rulings, after McDonald? No, they did not!They again defied the Court, conjuring up all sorts of reasons to deny to the American citizen his unalienable right to keep and bear arms in his self-defense.The States in these Anti-Second Amendment jurisdictions claimed that, even if a person has a right to armed self-defense inside his home, the right to do so does not extend to the carrying of a handgun outside the home.The State and Federal Courts in these jurisdictions conveniently misconstrued the Supreme Court’s test for ascertaining the constitutionality of Government action infringing exercise of the right codified in the Second Amendment. These Anti-Second Amendment jurisdictions also placed bans on semiautomatic weapons, fabricating a legal fiction for them; referring to them as “assault weapons.”  American citizens challenged the constitutionality of all these issues. And many of these cases wended their way up to the U.S. Supreme Court, only to be thwarted because the Court could not muster sufficient support among the Justices to deal with the flagrant violation of Second Amendment Heller and McDonald rulings and reasoning.One of these cases was the 2015 Seventh Circuit case, Friedman versus City of Highland Park, Illinois.The liberal wing of the Court didn’t want the case to be heard. That was no surprise.But, apparently, Chief Justice John Roberts, and Associate Justice Anthony Kennedy didn’t want to hear the case either.Justices Clarence Thomas and Antonin Scalia were furious and said so in a comprehensive dissenting opinion.Had the Court taken up the Friedman case, Americans would have been spared this nonsense of “assault weapon” bans. The Court would have ruled these bans unconstitutional on their face, in which event the Federal Government and Anti-Second Amendment State governments would be hard-pressed to make a case for wasting valuable time and taxpayer monies dealing with an issue the High Court had ruled on. Unfortunately, the Friedman case and many others were not taken up by the Court.Americans are compelled to continue to spend considerable time and money in challenging a continuous stream of unconstitutional Second Amendment Government action. And often, this is a futile expenditure of time, money, and effort, albeit a noble and necessary one all the same._________________________________________

NEW YORK GOVERNOR KATHY HOCHUL UNFAZED BY CHALLENGES TO NEW YORK GUN LAW: “GO FOR IT,” SHE RETORTS!

One of the most persistent and virulently Anti-Second Amendment jurisdictions, that has spurred numerous challenges to unconstitutional and unconscionable constraints on the Second Amendment through the decades, is New York.In 2020, four years after Associate Justice Antonin Scalia died, under disturbingly suspicious circumstances, and shortly after Justice Anthony Kennedy retired from the Bench, and the U.S. Senate confirmed President Donald Trump’s first nominee, Brett Kavanaugh, to a seat on the High Court, the Court took up the case, NYSRPA vs. City of New York—often referred to colloquially as the “NY Gun Transport” case. An extensive explication of that case is found in a series of AQ articles posted on our website. See, e.g., our article posted on April 27, 2020, and reposted in Ammoland Shooting Sports News on the same date. A second U.S. Supreme Court case, coming out of New York, NYSRPA versus Bruen, officially released on June 23, 2022, ruled New York’s “proper cause” requirement unconstitutional.New York Governor Kathy Hochul and the Democrat Party-controlled Legislature in Albany thereupon struck the words “proper cause” from the State’s Gun Law, the Sullivan Act, codified in Section 400.00 of the State’s Penal Code. But, doing so served merely as a blind.Had the Hochul Government refrained from tinkering with the rest of the text of the Statute and other Code sections, it might well have avoided further constitutional challenges from justifiably irate New Yorkers. It did not.Hochul and Albany did not stop with the striking of “proper cause” from the Gun Law. It went well beyond that. Her Government and Albany wrote a detailed set of amendments to the Gun Law. The package of amendments, titled the “Concealed Carry Law Improvement Act,” “CCIA,” do not conform to the Bruen rulings but, rather, slither all around them. On a superficial level, deletion of the words “proper cause” might be seen by some, as Hochul and Albany had perhaps hoped, to forestall legal challenge. But, if challenge came, time would be, after all, on the Government’s side. And Hochul knew this.The Government has money enough to fight a protracted Court battle. The challenger, more likely, does not. Even finding a suitable challenger takes considerable time, exorbitant sums of money to file a lawsuit, and substantial time to take a Second Amendment case to the U.S. Supreme Court. And it is far from certain the Court will review a case even if a petition for hearing is filed, for the Court grants very few petitions.For well over a century the New York Government has inexorably whittled away at the right of armed self-defense in New York. And it has successfully weathered all attacks all the while. The New York Government wasn’t going to let the U.S. Supreme Court now, in the Bruen case, to throw a wrench into attaining its end goal: the elimination of armed self-defense in New York. Much energy went into the creation of the CCIA. It is a decisive and defiant response to the U.S. Supreme Court and furthers its goal to constrain armed self-defense in the public sphere.Likely, given the length, breadth, and depth of the CCIA, the Government saw Bruen coming, long before the case was filed, and had ample time to draft the contours of the CCIA a couple of years ago. A clue that another U.S. Supreme Court case, challenging New York’s Gun Law, would loom, presented itself in Associate Justice Samuel Alito’s dissenting opinion, joined by Justices Clarence Thomas and Neil Gorsuch.  Justices Alito, Thomas, and Gorsuch had made known their strong disapproval of the way the “Gun Transport” case was handled, after the Chief Justice and Associate Justice Brett Kavanaugh cast their lot with the Anti-Second Amendment liberal wing of the Court, allowing the case to be unceremoniously and erroneously shunted aside, sans review of the merits of the case. A day of reckoning with New York’s insufferable Gun Law was coming. The Government of New York could not reasonably doubt that. The core of the Gun Law would be challenged, and the U.S. Supreme Court would hear that challenge. The Government likely worked up a draft response to an antagonistic U.S. Supreme Court ruling on the core of the Gun Law in 2020, shortly after the New York “Gun Transport” case ruling came down. That draft response would become the CCIA.The Government likely completed its draft of the CCIA well before Bruen was taken up by the High Court. The Government had only to fine-tune the CCIA immediately after oral argument in early November 2021. And the Government did so. Hochul almost certainly received advance notice of the text of the majority opinion within days or weeks after the hearing before the New Year had rung in. Nothing else can explain the speed at which Albany had passed the CCIA and Hochul had signed it into law: July 1, 2022, just eight days after the Court had released the Bruen decision, June 23, 2022.The CCIA amendments to the Gun Law integrate very nicely with and into other recent New York antigun legislation, passed by Albany and signed into law by Hochul. Thus, contrary to what the Governor’s website proclaims, the amendments were not “devised to align with the Supreme Court’s recent decision in NYSRPA v. Bruen.” Rather these amendments were devised to align with other New York antigun legislation. What does this portend for New Yorkers? Those New Yorkers who had hoped to be able to obtain a New York concealed handgun carry license with relative ease will now find procuring such a license no less difficult than before the enactment of the CCIA.Most hard-hit are those present holders of New York City and New York County unrestricted concealed handgun carry licenses. The “proper cause” hoop that present holders of such concealed handgun carry licenses were able to successfully jump through is of no use to them now. These renewal applicants must now satisfy a slew of new requirements—more draconian than the original ones they had previously successfully navigated. All New York concealed handgun carry applicants are now in the same boat. And meeting the new requirements are exceedingly difficult. Despite the clear intent of the Bruen rulings, to make it easier for more Americans to obtain a New York concealed handgun carry license, it is now harder. Likely, very few individuals will be able to successfully pass through the hurdles necessary to obtain a New York license the CCIA requires. Thus, getting a license will remain a coveted prize, difficult to gain as previously, and likely even more so.And the few individuals who do happen to secure a valid New York concealed handgun carry license will find themselves in a precarious situation for all the troubles they had in getting it.These new license holders will find exercise of the right of armed self-defense outside one’s home or place of business, in the public realm, full of traps and snares that did not previously exist. And there is something more alarming.The mere act of applying for a concealed carry license—whether the license is issued or not—now requires the applicant to divulge a wealth of highly personal information that, hitherto, an applicant never had to divulge, and the licensing authority had never asked an applicant to divulge. And, if a person fails to secure a license, his personal data will remain in his State police file, indefinitely, and will likely be turned over to the DOJ, DHS, ATF, IRS, and/or to a slew of State or Federal mental health agencies. All manner of harm may be visited upon the person that otherwise would not have occurred had the individual not bothered to apply for a New York concealed handgun carry license in the first place. To apply for a New York concealed handgun carry license, an applicant may unwittingly be alerting both the New York Government and the Federal Government that he is a “MAGA” supporter, and therefore a potential “Domestic Terrorist.” And, if so, he is then targeted for special treatment: surveillance, harassment, exploitation, or extortion. And he cannot claim a violation of his Fourth Amendment right to be free from unreasonable searches and seizures because he voluntarily relinquished that right when he applied for a concealed handgun carry license.If one thinks this is farfetched, consider the excesses committed by the Biden Administration directed to average Americans in the last several months.We explore these troubling matters, in connection with the application requirements for a New York concealed handgun carry license, in the next few articles.____________________________________Copyright © 2022 Roger J. Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.

NEW YORK CONCEALED HANDGUN CARRY LICENSE HOLDERS BEWARE: NEW ILLEGAL HANDGUN CARRY ZONES — HERE, THERE, EVERYWHERE, THROUGHOUT NEW YORK

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

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PART THIRTEEN

FRUSTRATED NEW YORKER GUN OWNERS CHALLENGE AMENDMENTS TO NEW YORK GOVERNOR KATHY HOCHUL'S AMENDMENTS TO THE STATE'S GUN LAW AFTER BRUEN

NEW YORKERS CHALLENGE AMENDMENTS TO NEW YORK'S GUN LAW

Few Americans may know about a very recent New York Gun Case challenging amendments to New York’s Gun Law. But all Americans who cherish their God-given right to keep and bear arms should be mindful of it. The case is Antonyuk vs. Bruen, 2202 Lexis 15784 (N.D.N.Y. Aug. 31, 2022).Ivan Antonyuk, along with the NYSRPA, Plaintiff in the third major U.S. Supreme Court case, sued in federal court a few days after New York Governor Kathy Hochul signed New York’s Gun Law amendments into law, ostensibly in response to the Bruen rulings.The Hochul Government did not change the New York Gun Law, NY CLS Penal § 400.00 et. seq., to comply with the High Court’s rulings in Bruen, but drafted the amendments to constrain and eliminate lawful concealed handgun carry throughout the State, consistent with her Government’s plans to negate exercise of the fundamental, unalienable natural law right codified in the Second Amendment. Hochul would like the public to believe that the amendments comply with the Bruen rulings. They do not. It is all a sham. But, to machinate such an elaborate hoax to waylay the U.S. Supreme Court and hoodwink the public takes time, money, effort, and cunning and Kathy Hochul must have had all of that, suggesting she surreptitiously received an advance copy of the decision after November 3, 2021, Oral Argument. This is reminiscent of the illegal unveiling of a draft opinion of the Dobbs abortion case weeks before the Court released the final and official version of the decision, albeit without the hoopla—which is just the way Hochul would want it.The breadth and depth of the amendments to the Gun Law are substantial. They are all collected under the vague, ambiguous, and deceptive title Concealed Carry Improvement Act (“CCIA”). The title doesn’t illuminate, it deliberately hides and obscures. Yes, the New York Government deleted the offending words “proper cause” from New York’s Gun Law, NY CLS Penal § 400.00, but doing so changes nothing apropos of compliance with the Bruen rulings. The CCIA is worse, much worse than the Gun Law had been with the offensive verbiage intact.The CCIA leaves present holders of valid New York concealed handgun carry licenses in a nebulous and precarious position. And the CCIA makes it no less difficult for those seeking to get a New York handgun carry license for the first time.Recall——Bruen held clearly and categorically the State’s “proper cause” requirement is unconstitutional, and inconsistent with the exercise of one’s natural law right of armed self-defense outside the home. Kathy Hochul and Albany remain undeterred. The State Legislature merely substituted “proper cause” with other verbiage that accomplishes the same thing, and, disturbingly, goes beyond the old and problematic “proper cause” requirement. And CCIA maintains the multiple-tier handgun licensing structure.Those who at present hold a valid New York handgun license, whether “unrestricted” or “restricted,” or hold a highly restrictive home or business premise license, under the original licensing scheme, should have known what was coming. On June 6, a few weeks before the official release of Bruen, Hochul signed a ten-bill antigun package into law. Both Albany and the Hochul Administration had no intention of allowing the U.S. Supreme Court to throw a wrench into the Government’s plan that had, heretofore, been going to plan to reduce lawful armed self-defense to a nullity.Recall that Hochul’s predecessor, Andrew Cuomo, had successfully fast-tracked into enactment of the notorious New York Safe Act of 2013. The enactment of the NY Safe Act was a harbinger of things to come. At the time Governor Cuomo signed the Act into Law, we at AQ had correctly pointed out that no one should construe the NY Safe Act as the end goal of the Anti-Second Amendment Government’s effort to constrain lawful possession and ownership of firearms. NY Safe Act is a work in progress, as we stated in an article posted in AQ, on February 18, 2020. And right, we were. The NY Safe Act and CCIA, and a plethora of other Anti-Second gun laws, are grandchildren and great-grandchildren of the New York Government's plan to constrain civilian citizen exercise of the right of the people to keep and bear arms. The genesis of that plan was hatched well over 100 years. It was the Sullivan Act of 1911. The Sullivan Act ushered handgun licensing into the State.Through each successive incarnation, the Sullivan Act became progressively worse, progressively constricting, and inhibiting the exercise of the natural law right of armed self-defense. And with each successive enactment, the Anti-Second Amendment Government became more emboldened; enacted more and more dubious and extravagant antigun laws. On June 24, 2022, just one day after the release of Bruen, Hochul issued a stern warning, albeit couched as a mild “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.” So said the Governor. And she did not bother to hide her bitter anger over the rulings, her hatred of the Second Amendment, her resentment of the U.S. Supreme Court, and her disgust toward those citizens who would dare to exercise their natural law right, codified in the Second Amendment to the U.S. Constitution. Calling the Bruen rulings “appalling”, Hochul responded to them with affected piety, as she simultaneously rebuked the Court that issued them:“‘As the case returns to the 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. I am planning for a special session of the legislature where we will explore a wide range of legislative options that will keep us in compliance with this ruling, while also creating a thorough and strict permitting process that prioritizes the safety of our communities. I look forward to working with the legislature, local and county government leaders, and legal experts, and will stop at nothing to protect New Yorkers.’” Id. So said, Governor Hochul.The Governor’s remarks are glaringly, blatantly inconsistent. In one sentence in the afore-recited passage, she expressly contradicts herself. Hochul says she and the Legislature in Albany “will explore a wide range of legislative options that will keep us in compliance with this ruling, while also creating a thorough and strict permitting process. . . .” Let’s analyze that.Hochul is saying she will comply with the Bruen rulings by making it more difficult to gain a concealed handgun carry license. In other words, “I, Kathy Hochul, will comply with the Bruen rulings by not complying with them.” Huh! Governor Hochul has just squared the circle. Quite an achievement.How does that work? If she can get away with this, it doesn't bode well for those expecting to now be able to exercise their right of armed self-defense in New York, unimpeded.Nonetheless, one is expected to take Hochul and Albany at their word, that they drafted the CCIA to comply with the Bruen rulings and allow for armed self-defense in the public realm, even as they clamp down even harder on one's right to armed self-defense outside the home as well as in it. Her arguments are nonsensical, and her actions were outrageous.Hochul intends to take from innocent New Yorkers the only effective means of self-defense available for them, bestowed on them by the Divine Creator, and guaranteed to them by the U.S. Constitution, while doing nothing to protect New Yorkers against the horde of lunatics and psychopaths allowed to prey, at will, upon them. If it is this thing “Gun Violence” that so concerns her, Hochul will do well to implement a robust law and order system—and leave the law-abiding citizen who wishes to exercise his natural law right of armed self-defense, alone. She won't do either. The CCIA ostensibly allows some people—still very few—to get a concealed handgun carry license. But even for the seemingly lucky ones, it comes at a severe cost. They must sacrifice other fundamental Rights, the First, Fourth, and Fourteenth Amendments to get their prize: a New York concealed handgun carry license, and, ultimately, for all that time, money, and effort, the value of it comes to naught. It means nothing. The language of the CCIA is sufficiently vague, to support the conclusion that a person isn't permitted to use a handgun for self-defense outside the home, even with a valid concealed handgun license in tow. And, in many areas of the State, and especially in the Five Boroughs that comprise New York City, one definitely cannot use a handgun for self-defense, notwithstanding one's valid concealed handgun carry license.In the most dangerous areas of New York, effectively the entirety of Manhattan Island, the Governor and Albany have created a patchwork quilt of “sensitive locations” where the holder of a New York handgun carry license cannot lawfully carry a handgun.Consider what that means:Step in one block of the City and it is lawful to carry a handgun if you have a valid license, albeit you still may not lawfully use it if needed. But step into another block, and you have broken the law, for not only are you not permitted to use a handgun for self-defense, but it's also unlawful even to have it on your person in that area.Carry a handgun in the wrong area, and you have committed a Class E Felony. That means loss of your handgun license, the loss of your handgun, and any other firearm you may own and possess, and a felony record to boot. So what good is this license, for all the trouble that one must go through to get it? And few will ultimately be able to gain one, anyway.A valid New York concealed handgun carry license provides you no protection. Under the CCIA, it is more a liability than an asset. It is not a god-send but a booby-trap. That Class E Felony violation is created especially for law-abiding citizens, and expressly for holders of concealed handgun carry licenses. New York has codified that felony violation in a new code section: NY CLS Penal § 265.01-e. The tacit implication of this is plain: don't apply for a New York concealed handgun carry license. And for those who have a valid concealed handgun carry license, don't bother to renew it; and for peace of mind, the Hochul Government suggests surrendering the license to the police authorities because one always risks violating NY CLS Penal § 265.01-e. The CCIA has traps throughout the length and breadth of it for the concealed handgun carry licensee.Do you recall the playground game, hopscotch, a perennial favorite of young girls? If so, now imagine Manhattan Island as a mammoth hopscotch board with safe and non-safe squares. One who has a valid handgun license and carries a handgun has much to fear from Hochul’s hopscotch inspectors, no less so than from the myriad lunatics and psychopaths that do not need a license to carry a gun as they hunt for prey throughout the City. The no-bail policy gives predators free rein if they are caught by the police, for they are out on the streets again in no time. You, however, don't fare as well. A felony conviction here doesn't help the law-abiding citizen.This is what Hochul and Albany are——Petty Tyrants who adamantly defy both the Second Amendment of the Bill of Rights and clear and emphatic rulings of the U.S. Supreme Court. And this is what Hochul and Albany have wrought—— A climate of fear where the armed citizen is perceived as a latent threat to the Government, and a potential transgressor of State law. And that is how he is treated by the Hochul Government.And yet no graver threat to both the Security of a free State and the supreme sovereignty of the American people exists than upon the failure of the Federal Government and those State Governments that refuse to abide by the strictures of the U.S. Constitution, and the rulings of the Third Branch of the U.S. Government, and that sin against the natural law rights of man as bestowed upon him by the Divine Creator.New Yorkers were therefore compelled to file a new lawsuit once again, ever again, against an arrogant, defiant, recalcitrant, intransigent State Government. In the immortal words of the Great Sage, Yogi Berra:“It’s Déjà vu All Over Again.”—And it’s all because our Federal Government, and this New York Government, and all too many other State Governments, refuse to humble themselves to the strictures of the U.S. Constitution and refuse to accept the supreme sovereignty of the American people over Government and their Nation; and who even dare refuse the American citizen the right to exercise his unalienable natural law right to armed self-defense.We continue with our analysis of Antonyuk in the next several articles.____________________________________Copyright © 2022 Roger J. Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.

NEWS ALERT AND CALL FOR ACTION: ALL NEW YORK GUN OWNERS

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

MULTISERIES

SUPPLEMENTAL

NEWS ALERT AND CALL TO ACTION FOR ALL NEW YORK PRESENT HOLDERS OF VALID CONCEALED HANDGUN CARRY LICENSES AND APPLICANTS:

YOUR NATURAL LAW RIGHT OF ARMED SELF-DEFENSE IS AT RISK

Effective September 4, 2022, all New York State Gun licensees and prospective Licensees are subject to changes in the Gun Law, NY CLS Penal § 400.00.BEWARE and BE AWARE of these changes and what they mean to you as a gun owner in New York!

THE CHANGES TO THE GUN LAW ARE SUBSTANTIAL IN NUMBER, BROAD IN SCOPE, AND ELABORATE IN DETAIL

These changes affect not only the Gun Law but related laws running throughout the New York Penal Code and they are all tied together in an intricate, inextricable knot.The impact of these laws on your right to armed self-defense is both immediate and dire.The New York Government wasted no time in getting the changes to New York’s Gun Law enacted for fast implementation.CONSIDER——The U.S. Supreme Court officially released the Bruen decision on June 23, 2022.New York Governor Kathy Hochul signed the amendments to the Gun law into law on the same day the Legislature passed them, July 1, 2022.Yet not two weeks had elapsed between the official release of Bruen and the enactment of changes to the Gun Law.It is quite a remarkable feat by the New York Government in such a short period; too remarkable to be believed, given the breadth and complexity of the amendments to the Gun Law, the speed at which the work was completed, voted on, passed by the State Senate, and signed into law by the Governor.Hochul must have had substantial advanced notice of the decision, after the oral argument in November 2021, when the Justices were working on their draft opinions.With ample time available to them, a host of Anti-Second Amendment forces, including attorneys, political consultants, and Executive Branch and Legislative staff working for Kathy Hochul and the State Legislators in Albany, must have worked fervently in concert.They had time enough to concoct a scheme to circumvent the Court’s carefully drawn rulings, protecting the core of New York’s Gun Law, in effect since 1911, and all the while pretending to comply with the High Court’s rulings.The amendments to the Gun Law, that the Government devised, are as ingenious as they are diabolical.The amendments collectively, are titled, the “Concealed Carry Improvement Act” (“CCIA”).ASK YOURSELF——Is the word, ‘IMPROVEMENT,’ as it appears in the CCIA, truly an improvement on New York’s Gun Law? It is surely an odd choice of verbiage.The term ‘improvement’ suggests advances to the Gun Law that operate to benefit someone or something.In what way is the CCIA an improvement over the prior Gun Law and who do they benefit and whose interests does the CCIA truly serve?The short answer to that is this——It certainly doesn’t improve the plight of those seeking to get, for the first time, a New York concealed handgun carry license; nor does the CCIA benefit those who hold a valid concealed handgun license and who seek to renew that license when the license is due for renewal.If it is you who intends to apply for the first time or who already holds a valid license to carry a handgun, the CCIA doesn’t enhance your chances of securing a license. Or, if you hold a license, it doesn’t enhance your ability to exercise your Second Amendment natural law right of armed self-defense outside the home. Rather, it serves the New York Government’s interests to ensure that your chances of securing a handgun carry license for the first time are no greater than they were before the enactment of the CCIA and, in fact, worse. And all handgun carry licenses now operate as “restricted”, not “unrestricted” carry licenses.The term ‘improvement,’ as it appears in the CCIA, is slippery and evasive; deliberately so.The Government doesn’t want average, law-abiding, responsible civilian citizens to carry handguns in public for self-defense, and never did. And the CCIA makes getting a license as difficult as ever. For the few licenses that the licensing authority issues, there are severe constraints on using a handgun for self-defense—much more so than in the past.The CCIA, no less than its progenitor, the original Sullivan Act, that mandated gun licensing well over a century ago, in 1911, places obstacles in the path of anyone who desires to exercise their Second Amendment right to keep and bear arms, especially those who desire to carry a handgun for self-defense in the public arena.The CCIA is the product of Anti-Second Amendment zealots and fanatics. The Bruen rulings mean nothing to them.How bad is the CCIA? It is worse than you can imagine. It all boils down to this:If you believe the New York State Government enacted the CCIA to comply with U.S. Supreme Court rulings in NYSRPA vs. Bruen, you are sorely mistaken. It doesn’t!If you believe the CCIA now makes it easier for you to get an unrestricted New York concealed handgun carry license because the U.S. Supreme Court struck down New York’s “proper cause” Gun Law requirement, you are naïve. It won’t!And if you are one of the few seemingly lucky ones to gain a valid concealed handgun carry license, don’t think you can thereupon use your handgun for self-defense outside the home. A careful analysis of the law shows that you can’t! The CCIA renders a concealed handgun carry license essentially useless.The State Legislature in Albany that passed the CCIA and New York Governor Kathy Hochul who signed it into law have hoodwinked the public into believing a concealed handgun carry license is now much more than it is when, in fact, it is much less than it ever was.There are steps we can take to compel Kathy Hochul and the New York State Legislature to comply with Bruen.The Arbalest Quarrel has contacted exceptional attorneys; specialists on the Second Amendment and experts on New York Gun laws, who stand ready to sue in Federal District Court to compel the New York Government to comply with the rulings of the U.S. Supreme Court.You can help us compel Kathy Hochul and the State Legislature to adhere to the Supreme Court rulings in Bruen.To get the ball rolling, two things need to occur—ONE: The lawsuit requires funding.Even a few dollars contributions will help. Please contact Ammoland Shooting Sports News. We will coordinate efforts with them.TWO: We need at least one individual who presently holds a valid New York concealed handgun carry license, or who intends shortly to apply for one, in whose name the attorneys will sue the New York Government, specifically, the New York Police Superintendent, Kevin P. Bruen, in federal District Court. Since the dunderheads in the New York Government, Kathy Hochul, and the Democrat Party-Controlled Legislators in Albany failed to heed the U.S. Supreme Court in NYSRPA vs. Bruen, it is necessary to take further Federal Court action against them. We won't go away.Americans must stop Governor Kathy Hochul’s abominable attack on the Second Amendment.Hochul and other Anti-Second Amendment zealots think they are untouchable and indestructible. They aren't, but they act as if they are.They think they can continue to trash the U.S. Constitution, deny Americans their natural law right of armed self-defense, and treat American citizens like wayward children whom they can boss around as they wish. They can't unless we let them. Their actions are morally reprehensible and legally indefensible.Kathy Hochul is wrong, and the Legislature in Albany is wrong. It is our natural law rights that are immutable, untouchable, and indestructible. Governor Hochul and the Legislature in Albany aren’t. Their actions are morally and legally The American citizenry is sovereign over Nation and Government, not Government officials and legislators. But Anti-Second Amendment people wish to turn this around. And they will do so if the armed citizenry ceases to exist.This is a battle we cannot afford to lose. But it will take money, energy, time, and fortitude to turn things around.Nothing is more sacred to nor more central to the preservation of our Republic than the right of the people to keep and bear arms. And nothing is worth more preserving than the right of the people to keep and bear arms: for ourselves; for our children; and for the memory of those who fought and died to defend our Great Nation—going back to the American Revolution.The U.S. Supreme Court has given the American people ammunition with its rulings in Heller, McDonald, and now Bruen. But the greater effort rests on the American citizenry itself to use the ammunition the High Court has given us.Anti-Second Amendment forces have acted with impunity against the Constitution, the High Court, and the American people, and they will continue to do so until we have lost everything of value: our Country, our Constitution, our sacred rights and liberties—unless we make clear to them they cannot get away with this.Now is not the time to sit back in our chairs, idly. We must meet these destructive forces head-on. To hesitate is to capitulate. And to capitulate is to lose everything.Once lost, our Country, Constitution, and natural law rights are gone forever.We are all in this together. We must all do our active part. And all of us need to help each other in this gargantuan effort. No other endeavor is more important.Please help us preserve our most sacred right of armed self-defense against predatory men and predatory Government.At the very least, if you are a citizen living in New York, please be sure to cast your vote for Lee Zeldin for Governor of New York, in the upcoming November Midterm elections. And please contact Zeldin's campaign, telling him he must be forceful in addressing Hochul's virulent attack on the Second Amendment and on the failure of her Administration to tackle the crime problem and the faulty, criminal justice system in New York City. To let lunatics and psychopaths run amok in New York, terrorizing innocent citizens at random, and at the same time curtailing a citizen's right to armed self-defense, in clear defiance of U.S. Supreme Court rulings in Bruen, is abhorrent to the conscience. No sane person would allow this. And yet, Democrats have such a stranglehold on New York, that insanity reigns in the City and the State. This has to stop!  If you have questions for AQ regarding this alert, we will be happy to answer them and will do so expeditiously. Please forward your queries to Ammoland in the care of AQ.In future segments, AQ will explain specifically how New York’s CCIA impairs the Second Amendment and conflicts with the Bruen rulings.The CCIA is venomous, and in ways you cannot imagine. It enrages us. It will enrage you, too.We have analyzed much of Bruen already and laid out our analysis for you in the last several articles posted here on the Arbalest Quarrel. And Ammoland Shooting Sports News has kindly reposted much of our work. But there is more in the U.S. Supreme Court Bruen case and in New York's response to it we must still work through, and much work is, at the moment, in various stages of completion. We will continue to provide you with our analysis in forthcoming articles, published right here on AQ, and in Ammoland.____________________________________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.

“‘PROPER CAUSE’ IS DEAD”! “LONG LIVE ‘PROPER CAUSE’”?

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

MULTISERIES

PART ELEVEN

“‘PROPER CAUSE’ IS DEAD”! “LONG LIVE ‘PROPER CAUSE’”?

Any State that would denigrate the right of the people to keep and bear arms is a throwback to monarchical tyranny—the very thing the founders of our Republic fought against. New York is one such State of the Union that operates as a throwback to monarchical tyranny.How did this animosity toward the Second Amendment come to pass in New York? Truth to tell, it had been so for a very long time.New York has fought against recognition of the right of the people to keep and bear arms for over one hundred years. And the State is all the worse for it. Even as New York ostensibly extols concern for democracy and claims regard for the oppressed in society, it arguably harbors a scarcely disguised bias against the common man. New York’s Sullivan Act, the progenitor of the present oppressive and repressive Gun Law, codified in NY CLS Penal § 400.00 et. seq. as amended (2021 Bill Text NY S.B. 1B), effective September 2, 2022, has a legacy of iniquity behind it:“An ethnic bias lurked behind this act. There had long been an association in New York of Italians and crime, and, starting in 1903, the police routinely denied Italians permits for the carrying of pistols. In 1905 the state legitimated this bias by outlawing the possession of firearms in any public place by the foreign born (New York State 1905). The police wanted more authority to prevent the carrying of concealed handguns. Even with the existing weak legislation, the police seized 10,567 handguns between 1907 and 1910, or seven a day. The assassination attempt against Mayor William J. Gaynor in 1910 riveted the city's attention and brought renewed calls for the regulation of handguns. . . .A new Democratic member of the state senate from New York City, Timothy D. Sullivan, immediately proposed legislation regulating the purchase, possession, and carrying of firearms throughout the state. That ‘Big Tim’ Sullivan, one of Tammany Hall's most prominent figures, would promote such legislation seems a sure indication of its popularity. The only hostile testimony came, not surprisingly, from gun manufacturers and sellers. The bill received broad support from the cultural and economic elite of New York, which saw it as a necessary part of the civilizing process. The Senate passed the Sullivan Act by a vote of 37 to 5 and the House by 123 to 7, and Governor John A. Dix signed it into law on May 29, 1911 (Weller 1962). The Sullivan Act reinforced older legislation on weapons other than firearms (slingshots and such) and limitations on the ownership and carrying of firearms by aliens and minors. The Sullivan Act instituted three additions to existing firearms acts: it added pistols to section 1897 of the criminal code, making it a felony to carry concealed weapons; required residents of cities to get a permit to carry concealable firearms—though failure to do so only constituted a misdemeanor; and required those who sold pistols to first examine a permit and to keep a record of the sale recording the purchaser and firearm. In an effort to contain the spread of the ‘$ 5 specials,’ the cost of these permits was fixed at $ 10. The bill also retained the prohibition of firearm possession by aliens (New York State 1911). Based on letters and editorials in the leading newspapers, the public reaction was overwhelmingly positive.” ~“Firearms Regulation: A Historical Overview,” 28 Crime & Just. 137 (2001), by Michael A. Bellesiles, Professor of History, Emory University.As if the Sullivan Act, as originally drafted and enacted, wasn’t bad enough, through time it became worse. Just two years after Sullivan was enacted, the Legislature amended it “in 1913 to provide the proper-cause standard for the issuance of public carry licenses throughout New York.” ~“The Constitutional ‘Terra Incognita’ Of Discretionary Concealed Carry Laws, 2015 U. Ill. L. Rev. 909 (2015), by Brian Enright, J.D. Candidate, University of Illinois College of Law.Until Bruen came down, ruling that New York’s “proper cause” requirement is unconstitutional, the inclusion of “proper cause” in New York’s gun law precluded issuance of a handgun carry license to a license applicant in the absence of a convincing showing of it. The expression, ‘proper cause,’ is not defined in the Sullivan Act itself. The Judiciary was left to fill in the gap. As explained by the Second Amendment scholar, David Kopel, “The text of the Sullivan Act simply requires that a person have ‘proper cause’ to possess a carry permit. In New York City, lawful self-defense is not a ‘proper cause’ unless a person has a ‘special need’ that is different from the rest of the community, a standard that was first upheld in a 1980 decision, Klenosky vs. N.Y.C. Police Department, 428 N.Y.S.2d 256 (N.Y. App. Div. 1980). Aff’d, 421 N.E.2d 503 (N.Y. 1981).” ~“Gun control and the second amendment: developments and controversies in the wake of District of Columbia v. Heller and Mcdonald v. Chicago: Article: The Great Gun Control War Of The Twentieth Century—And Its Lessons For Gun Laws Today,” 39 Fordham Urb. L.J. 1527 (October 2012), David B. Kopel, Adjunct Professor of Advanced Constitutional Law, Denver University, Sturm College of Law. Research Director, Independence Institute, Denver, Colorado. Associate Policy Analyst, Cato Institute, Washington, D.C. The law remained on the books, uninterrupted, for one hundred and ten years after enactment.New York’s “proper cause” requirement became a “cause célèbre” of Anti-Second Amendment proponents who abhor the notion of civilian citizens carrying firearms in public, as the application of it has effectively precluded the vast majority of people who sought to carry a handgun for self-defense from doing so. The inanity and insanity of New York’s “proper cause” requirement reverberated and rippled up to the present time, culminating in the Bruen case. The New York Government’s arrogant insistence on it provoked the ire of Justice Thomas, et. al.  Yet, New Yorkers who cherish the unalienable, natural law right of the people to keep and bear arms, didn’t wait for a chance to defeat “proper cause” through the Bruen case. They saw an opening after the High Court came out with the McDonald decision in 2010—which followed its sister, the Heller case in 2008.  The insidiousness of the insertion of a “proper-cause” requirement in the Sullivan Act cannot be overstated. For over one hundred and ten years—New York did not recognize a right of armed self-defense outside an interior dwelling—i.e., outside one’s home, or place of business. To this day, the New York Government refuses to acknowledge or recognize a right of armed self-defense outside one’s home or place of business, notwithstanding that the Governor of New York, Kathy Hochul, along with the Democrat Party-controlled Legislature in Albany, deleted the “proper cause” requirement in response to the Bruen case decision, effective, shortly, on September 2, 2022.To understand what is transpiring here it is necessary to step back and take a close look at the New York case Kachalsky v. Cacace, 817 F. Supp. 2d 235, (S.D.N.Y. 2011), forKachalsky is critical to understanding the modus operandi of New York Gun Law both Pre-Bruen, since 1912, when “proper cause” was added to the Sullivan Act, and defended in the and Post-Bruen, when the Hochul Government developed a workaround to maintain the import of “proper cause” sans the verbiage. Kachalsky, citing for support the earlier 1980 Kenosky case, referred to supra, dealt directly with the “proper cause” requirement, shooting down any suggestion that the State’s “proper cause” requirement is somehow unconstitutional.

KACHALSKY

In Kachalsky v. Cacace, 817 F. Supp. 2d 235, (S.D.N.Y. 2011), Plaintiff Petitioner Kachalsky, a citizen who resides in Westchester County, and several other individuals similarly situated, filed suit in the United States District Court for the Southern District of New York against Defendant Respondent Cacace, the Police Licensing officer for denying Plaintiffs’ applications for an unrestricted concealed handgun carry license. The Plaintiffs specifically challenged the constitutionality of “proper cause,” the vehicle through which the handgun licensing authority denied issuance of an unrestricted handgun carry license to the Plaintiffs.The District Court explained the facts as follows:“In May 2008, Plaintiff Kachalsky applied for a full-carry permit to be able to carry a concealed handgun while in public. In his application, Kachalsky asserted that he believed he satisfied Section 400.00(2)(f)'s ‘proper cause’ requirement because he was a U.S. citizen and therefore entitled to ‘the right to bear arms’ under the Second Amendment, [stating] ‘we live in a world where sporadic random violence might at any moment place one in a position where one needs to defend oneself or possibly others,’ and he was ‘a law-abiding citizen’ who had neither ‘been convicted of a crime’ nor ‘assaulted or threatened to assault another person.’ Upon reviewing Kachalsky's application and completing a corresponding investigation, the Department of Public Safety recommended that the permit be denied. The application, investigation file, and recommendation were forwarded to Defendant Cacace, who, acting as licensing officer, reviewed those materials and issued a decision and order, dated October 8, 2008, denying Kachalsky's application. Cacace observed that Kachalsky failed to state ‘any facts which would demonstrate a need for self protection distinguishable from that of the general public,’ and that ‘based upon all the facts and circumstances of this application, it is my opinion that proper cause does not exist for the issuance of an unrestricted 'full carry' pistol license.’” [references to pleadings redacted]In finding for the Police Licensing Officer, against Plaintiffs, the Court said, “To establish proper cause to obtain a license without any restrictions—the full-carry license that Plaintiffs seek in this case—an applicant must; demonstrate a special need for self-protection distinguishable from that of the general community or of persons engaged in the same profession.’ There is a substantial body of law instructing licensing officials on the application of this standard. Unlike a license for target shooting or hunting, ‘[a] generalized desire to carry a concealed weapon to protect one's person and property does not constitute ‘proper cause.’”  Good moral character plus a simple desire to carry a weapon is not enough. Nor is living or being employed in a ‘high crime area.’” [citations omitted].The reader should note the District Court in Kachalsky opined that a showing of “good moral character,” while necessary to obtain a carry license in New York, isn’t sufficient to warrant issuance of a carry license. This is a salient point. And AQ will come back to this when we discuss “good moral character” in depth. Suffice it to say, at this time, having struck out “proper cause” from the Sullivan Act, NY CLS Penal § 400.00 et. seq. as amended (2021 Bill Text NY S.B. 1B), the Hochul Government has bolstered the “good moral character,” requirement, essentially refabricating and reframing it to do double-duty, operating like the old “proper cause” requirement to drastically cut the number of individuals who, although under no Federal law disability to own an possess firearms, would still be denied exercise of their fundamental right.Governor Hochul and Albany have altered “good moral character” to make it a challenging obstacle to overcome. The “good moral character” remains as vague as ever, but the Hochul Government has mandated that new applications for an unrestricted concealed handgun carry license, and renewals as well, must include information that casts a bright light on one’s personal political, social, and religious beliefs. With this information, the licensing official can ostensibly deduce psychological aspects of one's character as well as his ideological and socio-philosophical leanings. To ask for such information is unconscionable and unconstitutional. An applicant is thus faced with a dilemma, a veritable, proverbial Hobson choice.Most everyone today has some sort of social media account and has commented on websites or has created a website of one’s own. The information conveyed on these sites can likely touch upon personal sensitive financial and medical information. On these websites, one's hopes, wishes, prayers, fears, and reveries may be laid bare. Government and employers, gaining access to this rich body of data, have used it to deny employment, or to fire a person from employment. And the Federal Government is soaking up petabytes of information on individuals. One can only wonder at the amount of data that the NSA is compiling on everyone and everything and storing in its colossal information holding tanks in Bluffdale, Utah. See, e.g., Fox News article and article in The Guardian. Most all records are electronically digitalized and available on the world wide web. If an applicant provides this information to a Government handgun licensing official, such information may become part of a Government public record. This information will certainly become the basis to deny a person a concealed handgun carry license if, for example, the licensing officer happens to disagree with one’s political, social, or religious viewpoints and leanings. And the information will likely be forwarded to police authorities throughout the State and to the Federal authorities as well, including, DOJ, DHS, and the FBI, organizations that have a very dim view of individuals who are deemed “social and political conservatives.” This is not a theoretical concern or “conspiratorial musing.” It is real, as recent events confirm.Especially concerning and disconcerting is that such private information will make its way to the DOJ/FBI and CIA, where an individual can be scrutinized and marked for special treatment. Our Federal Government's Departments, Bureaus, and Agencies are slowly and inexorably taking on the characteristics of horrific secret police and intelligence gathering organizations reminiscent of the Third Reich's Gestapo/Kripo police organizations and of the secretive Sicherheitsdienst-SD (Security Service of the SS); and of the secret police of the interior ministry of the Stalin Government, the NKVD. One is reminded of Senator Chuck Schumer's remark, as reported in The Federalist, “Let me tell you: You take on the intelligence community — they have six ways from Sunday at getting back at you.” It is an idiotic assertion to be sure, but more so because Schumer comes across as a fawning jackass for the intelligence community; boasting of its power; conveying to the public his admiration of it,  rather than acknowledging that it has gotten out of hand and needs to be controlled. In that regard, isn't Congress supposed to monitor and control the police and intelligence apparatuses of the Nation? After all, Congress created these things. It has ultimate oversight authority over them. Yet, rather than keeping these things on a tight leash, Schumer would allow these creatures to run amok, or worse, admits that Congress can't do a damn thing to control them. And, instead of attempting to do so, he would rather stand stupified, in utter awe of them.And then there is the illustrious Attorney General.The DOJ/FBI, through statements and actions of the Attorney General, Merrick Garland, has made plain that those Americans who happen to have a “conservative” political and social mindset are construed as exhibiting deviant thought and behavior. So the DOJ/FBI treats such American citizens as “Domestic Terrorists,” or certainly as potential “Domestic Terrorists”—and a “Domestic Terrorist”  or one who is deemed by the “woke police” to have the wrong psychological attributes, i.e., one who doesn't accept the new religious dogma of “Diversity, Equity, and Inclusion,” and who isn't a proponent of the rules-based neoliberal international order isn't the sort of person that a handgun licensing authority would deign to issue an unrestricted concealed handgun carry license too, anyway. In fact, why should any proper thinking civilized human being want a gun anyway? Aren't those people who cherish their Second Amendment right to keep and bear arms and who desire to exercise that right a throwback to a time long since past and best laid to rest? Wouldn't that be nice, or so the Neoliberal Globalists and Neo-Marxists would have Americans believe? And, if they can seduce enough Americans, perhaps then, they can dispense with the muddy problem, and one fraught with considerable peril, of attempting to remove hundreds of millions of firearms and millions of rounds of ammunition from over one hundred million Americans. 

THE CATCH-22 OF HANDGUN LICENSING IN NEW YORK

The Anti-Second Amendment New York Government sees guns as troublesome and gun owners as inherently troubled individuals, and New York's Gun Law, as conceived, and implemented conveys that idea. Succinctly stated it is this: “You can have a concealed handgun carry license if you don't want one because you are sane to not want one, and all you have to do to obtain one is to file an application to get one, and then you can carry a handgun. But, then, if you do file an application for a handgun carry license that must mean to us that you do want one, which is apparent through your filing an application to obtain one. But, then, you must be insane and must therefore be denied one because the State cannot abide a person carrying a handgun who is insane.”

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“There Was Only One Catch And That Was Catch-22, Which Specified That A Concern For One's Safety In The Face Of Dangers That Were Real And Immediate Was The Process Of A Rational Mind. Orr Was Crazy And Could Be Grounded. All He Had To Do Was Ask; And As Soon As He Did, He Would No Longer Be Crazy And Would Have To Fly More Missions. Orr Would Be Crazy To Fly More Missions And Sane If He Didn't, But If He Was Sane He Had To Fly Them. If He Flew Them He Was Crazy And Didn't Have To; But If He Didn't Want To He Was Sane And Had To. Yossarian Was Moved Very Deeply By The Absolute Simplicity Of This Clause Of Catch-22 And Let Out A Respectful Whistle.‘That's Some Catch, That Catch-22,’ He Observed.‘It's The Best There Is,’ Doc Daneeka Agreed.” ~From the novel, “Catch 22,” by Joseph Heller, first published in 1961

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Of course, a person ostensibly willingly divulging a wealth of personal information to a police licensing officer, which, under the Governor's newly reconfigured, convoluted, consecrated  “good moral character” requirement, one must do, makes the work of police investigation of compiling dossiers on everyone in New York, substantially less time-consuming and expensive. The applicant does the “dirty work” for the police. He or she is forced to waive his or her Fifth Amendment right against self-incrimination with little chance at best, anyway, of receiving the coveted prize: an unrestricted concealed handgun carry license by which one might be able to adequately defend life and limb in the concrete jungle that New York has degenerated to.There is no upside to any of this for the average citizen, and there is certainly no upside in the release of vast stores of personal data, highlighting one's personal thoughts, beliefs, and idiosyncrasies to the State Government.In the end, the applicant is left in a worse situation than before the filing. He or she is denied a concealed handgun carry license, and the State Government has a veritable cornucopia of personal data on a person as there is nothing in the amendments to the Sullivan Act that require a licensing officer to destroy the information obtained after the officer denies the application. The Government holds onto that information, and can, thereafter, use it to keep tabs on the individual and for extrajudicial, nefarious purposes that a person can only guess at. And, if the applicant refuses to divulge such information, what then? The handgun licensing authority will immediately refuse issuance of a concealed handgun carry license on the ground of failure of the applicant to comply with Sullivan Act requirements that the applicant divulge personal social media information and any other data the officer, in his discretion, demands so that the officer can properly assess one's personal, psychological makeup.Hence, the applicant is placed in an impossible situation—the proverbial Hobson Choice—i.e. no tenable choice at all. After September 2, 2022, when the amendments to the Sullivan Act take effect, the Hochul Government will start to use “good moral character” like the “proper cause” requirement before it, a veritable brick wall. The new requirement will operate much like and as well as the old requirement: to deny to the vast majority of individuals seeking a valid unrestricted New York State concealed handgun carry license the ability to lawfully carry a handgun in the State.This is in keeping with New York Government tradition that does not recognize armed self-defense outside the home or place of business, as a fundamental natural law right. Nothing changes. And it is consistent with New York Governor Hochul's Press Release, released on the day the U.S. Supreme Court officially released the Bruen decision. New York would go through the pretense of complying with the High Court's rulings, but, in practice, the amendments to the Sullivan Act are designed to make it difficult to obtain a concealed handgun carry license, and, in fact, the amendments make it more difficult, not less so, for the average citizen to obtain one. And, for those individuals who presently have a valid New York City or State concealed handgun carry license, the amendments place renewals of existing licenses on an equal footing with first-time applicants. A pro forma exercise for renewal applicants is a thing of the past. The application process for a concealed handgun carry license begins anew for everyone. And that raises another issue: the operational rules, implementing the amendments to the Gun Law have yet to be finalized. In fact, one might ask if the Government bureaucrats have even drafted them yet. That is a big if! So, where does that leave current handgun licensees in the interim, whose licenses for renewal are imminent?The simple fact is this: The New York Government will defeat any attempt by those who desire to exercise their Second Amendment right of armed self-defense outside the home. At the very least, the changes to New York’s Sullivan Act will create as many obstacles as it can get away with to frustrate those applicants who seek to carry a handgun outside the home or place of business. Thus, in New York, the Bruen decision will do little to assuage difficulty in obtaining a concealed handgun carry license.

THE U.S. SUPREME COURT SHOULD HAVE STRUCK DOWN NEW YORK’S HANDGUN LICENSING REGIME

How do Governor Hochul and the Legislature in Albany get away with this? They are able to do so because the main mechanism of defeating the Second Amendment remains unscathed. New York, like several other jurisdictions around the Country is a handgun licensing jurisdiction. The average civilian citizen cannot lawfully possess a handgun anywhere in New York unless one secures a valid license from the appropriate licensing authority in New York. That is the source of the present problem in New York.The High Court did not go far enough. The Court did not strike down, as unconstitutional, the licensing of handguns. Handgun licensing regimes are inherently incompatible with the Second Amendment guarantee. No other fundamental right requires the acquisition of a license before an American may lawfully exercise a natural law right. One doesn't need a license to exercise his right of free speech or to practice religion or to associate with those people or groups one wishes to associate with. It would be bizarre to require a Government issued license before one might lawfully do so. Similarly, to acknowledge a right of the people to keep and bear arms and at one and the same time to recognize the licensing of handguns as a privilege and a condition precedent to the exercise of the basic, unalienable right is inconsistent with the very nature of natural law, God-given rights. These rights exist intrinsically in the person. They are not priviliges bestowed on one by the grace of the State. They are fundamental, unalienable, immutable, and eternal. That the U.S. Supreme Court did not rule that licensing of handguns or any firearm a condition precedent to exercise of a fundamental natural law right is a major flaw of the Bruen case, as it was a major flaw of Heller and McDonald before it. None of these seminal Second Amendment cases dealt head-on with this. And jurisdictions like New York will continue to use licensing of handguns and other firearms as a difficult obstacle to overcome or, for most people, an impenetrable barrier, preventing one from exercising the basic, natural law right of armed self-defense.  Licensing of handguns, operating as a condition precedent to the exercise of a fundamental, unalienable, natural law right, is legally indefensible. And the practice is irreconcilable with basic principles of elementary logic. Associate Justices Thomas and Alito must have been aware of this fatal flaw in the Bruen decision. One must wonder: Did Justices Thomas and Alito concede the constitutionality of handgun licensing to obtain Roberts’ vote and that of Kavanaugh? Was that the price Justices Thomas and Alito had to pay to obtain the acquiescence of Roberts and Kavanaugh? If so, that brings disturbingly to mind the price the three Associate Justices—Scalia, Thomas, and Alito—had to pay to get Roberts and Kennedy on board, in the Heller case. Justices Scalia, Thomas, and Alito had to openly acknowledge the right of State Governments to continue to impinge upon the core of the Second Amendment. But doing so guaranteed continued Court action as Governments would always find ways to frustrate the citizen’s exercise of armed self-defense, and citizens, for their part, would find it necessary to continue to file lawsuits against unconscionable, unconstitutional Government action—an expensive, time-consuming, frustrating, and physically and psychologically tiring, exhausting ordeal. And a favorable outcome for the would-be gun owners can never be assured.Of course, State Governments know all this, and New York Governor Kathy Hochul and the New York Legislature in Albany certainly know this. Letters have already been sent to Government officials around the Country, contesting the “good moral character” requirement. For, these jurisdictions are using “good moral character” as they had heretofore utilized  “proper cause,” as an effective means to deny a person a coveted handgun carry license. And lawsuits are being prepared. And, once again, ever again, Americans face the same frustrations, when it comes to the exercise of the natural law right of armed self-defense.Litigation is to be avoided if possible. There is a better way; more effective; substantially less time-consuming; and certainly more cost-effective. In New York, voters have a chance this November to overturn the present oppressive and repressive handgun licensing regime and  their oppressive, unresponsive Government. They can accomplish this by electing, as the new Governor of New York, Lee Zeldin. Unlike the present Governor of New York, Kathy Hochul, Lee Zeldin is a true and fervent advocate of one’s right of armed self-defense. And he is also something that Kathy Hochul is not. He is a law and order Candidate for New York Governor. Lee Zeldin would also take definite steps—rather than rely on the same tiresome words and the same lame excuses to rationalize an inability or, worse, a clear lack of will—to come to grips with the intractable, horrific crime problem plaguing and engulfing New York, especially the City of New York.Many New Yorkers understand this. Will political independents and a sufficient number of Democrats take a leap of faith and vote for people who have their best interests at heart this November? Will they forbear from voting for people who say they care about the well-being of New York and of the residents in it, but, through their actions, make clear they do not?Governor Kathy Hochul and New York City Mayor Eric Adams, and Democrat Party Legislators in Albany do not represent the interests of New Yorkers. They represent the interests of a small group of billionaire Neoliberal Globalist “elites” and Neo-Marxist cultists. And the aims of these people are not the preservation of a free Constitutional Republic, but, rather, as becomes more evident with each passing day, its destruction.____________________________________Copyright © 2022 Roger J. Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.

THE SECOND AMENDMENT BRUEN CASE IS THE MOST IMPORTANT U.S. SUPREME COURT CASE TO BE DECIDED THIS 2021-2022 TERM

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

MULTISERIES

THE SECOND AMENDMENT BRUEN CASE IS THE MOST IMPORTANT U.S. SUPREME COURT CASE TO BE DECIDED THIS 2021-2022 TERM

NEW YORK OPENLY DEFIES U.S. SUPREME COURT BRUEN DECISION

PART NINE

PREFACE TO DEEP ANALYSIS OF NEW YORK’S RESPONSE TO BRUEN DECISION

The Arbalest Quarrel (“AQ”) has, in the last few weeks, spent, and will continue to spend, considerable time on the recent case NYSRPA vs. Bruen, for a few important reasons.

FIRST: THE BRUEN RULINGS ARE VITAL TO THE SECURITY OF A FREE STATE

Bruen is the first major Second Amendment case decided by the High Court in twelve years and it is the most important U.S. Supreme Court case to be decided this term, October 2021 through October 2022.Not even the recent “abortion” case, Dobbs vs. Jackson Women’s Health Organization comes close to the import of Bruen. And there is a simple reason for that: There is no fundamental, unalienable, immutable right of abortion even as Congressional Democrats, along with the Biden Administration and proponents for it, in the Country at large, insist otherwise. The High Court made that point clear, in its decision released on June 24, 2022, overturning Roe vs. Wade.Contrariwise, armed self-defense against predatory animal, predatory man, and predatory Government is a fundamental, unalienable, immutable, illimitable, and eternal natural law right even as those same Democrats chime in that it is not. And the High Court made that point clear, too, in its decision released one day before Dobbs, on June 23, 2022. In Bruen, the High Court reaffirmed and clarified its decisions in Heller and McDonald, and pointedly held that the right of the people to keep and bear arms extends beyond the boundaries of one’s home into the public sphere. That means the natural law right of self-defense, generally, and armed self-defense, particularly, isn’t limited in space and time. To hold otherwise is empirically wrong and even nonsensical. Because a firearm provides a person with the best means of defending one’s life, the right of armed self-defense, as subsumed in the natural law right of self-defense/personal survival can't be lawfully proscribed by Government. Associate Justice Thomas, writing for the Court’s Majority, in Bruen, made this point emphatic: “. . . confining the right to ‘bear’ arms to the home would make little sense given that self-defense is ‘the central component of the [Second Amendment] right itself. . .’ [adding] ‘Although we remarked in Heller that the need for armed self-defense is perhaps ‘most acute’ in the home, we did not suggest that the need was insignificant elsewhere. Many Americans hazard greater danger outside the home than in it.”Nothing is more essential to the sanctity and inviolability of the individual and to the maintenance of the sovereignty of the American people over the Nation and its Government than the natural law right of armed self-defense.Bruen therefore demands our close attention and scrutiny.

SECOND, NEW YORK’S “PROPER CAUSE” GUN LAW REQUIREMENT IS INCONSISTENT WITH THE SECOND AMENDMENT AND IT IS THEREFORE UNCONSTITUTIONAL ON ITS FACE

Bruen came to the U.S. Supreme Court as a challenge to the core of New York’s handgun law. Therefore, New York’s response to the Bruen decision will be scrutinized by two groups of Americans: those who support and cherish the right of the people to keep and bear arms, and who wish both to preserve and to strengthen that fundamental, unalienable right; and those who do not, and who desire to constrain exercise of this essential natural law right.This latter group that seeks to dismantle our free Constitutional Republic cannot do so for soever as long as an armed citizenry exists. Therefore, they seek de jure or de facto repeal of the right. This isn’t hyperbole. Retired Associate Justice John Paul Steven demonstrated his animosity toward an American armed citizenry in a combined Stevens-Breyer dissent to Heller. And, after he retired from the Court, this U.S. Supreme Court Justice went further. Stevens called for outright repeal of the Second Amendment—something he dared not suggest while serving as a Justice—for the duty of a Justice is to uphold the U.S. Constitution, not tear it down. But the repeal of the Second Amendment is something Justice Stevens profoundly felt. See, e.g.,John Paul Stevens Op-Ed in the New York times, titled, “John Paul Stevens: Repeal the Second Amendment,” published on March 27, 2018. 

THIRD, AN ARMED CITIZENRY IS VITAL TO THE PRESERVATION OF A CONSTITUTIONAL REPUBLIC AND SOVEREIGN PEOPLE OVER GOVERNMENT: THE DISRUPTION OF IT IS MEANT TO T

Our free Republic cannot continue to exist in the absence of America’s citizen army. Those who exercise the right know this as axiomatic. And those powerful forces that seek to destroy the Republic also know this to be self-evident true. But, apart from a few individuals—and most notoriously, John Paul Stevens—few people do not boldly pronounce this. Instead, the legacy Press proclaims disarming the public is all about ensuring public safety, public order, and public harmony, adding as an afterthought, that constraining the right of the people to keep and bear arms, ostensibly for the good of society, does not mean erasing it. But the appeal to public safety is mere deflection. Yet many Americans fall into the trap—all too willing to sacrifice their natural law rights, believing erroneously that this is for the good of society. It is absolute control over the commonalty of this Country that the Neoliberal Globalists and Neo-Marxists want and intend to attain. The continuation of an armed citizenry is inconsistent with that goal. That can't come about as long as an armed citizenry exists in the Nation. 

FOURTH, THE BRUEN CASE CAME ABOUT BECAUSE TOO MANY STATES AND COURTS REFUSED TO COHERE TO THE STRICTURES OF HELLER AND MCDONALD

The Bruen decision is one more salvo in a continuing war for the soul of the Nation. The Hochul Government, for one, has openly defied the U.S. Supreme Court. Why has Hochul done this?The “why” is obvious. Kathy Hochul, who once received an “A” rating from NRA, now works for the Billionaire Neoliberal Globalist “elites” who fund her bid for Governor in 2022. These are the same wealthy and powerful people who had continuously funded her predecessor, Andrew Cuomo’s campaign. See article in the New York Post. The notion of an armed citizenry is incompatible with the goal of the interests of those people who are funding her campaign. These people are Globalists. They seek an end to our Country as an independent, sovereign Nation-State. They perceive the Bill of Rights as inconsistent with their goal of a one-world government devoid of nation-states and devoid of citizen armies. So, Kathy Hochul no longer supports the right of the people to keep and bear arms. But in classic politician-fashion Hochul doesn’t acknowledge the inconsistency in her position, nor does she allude, much less assert, to what and to whom she now owes allegiance. Rather, she maintains her position has “evolved.” 

THE BRUEN CASE DEMANDS THE PUBLIC’S ATTENTION LEST THE PUBLIC LOSE BOTH THEIR NATURAL LAW RIGHT AND THEIR COUNTRY

How is it that Hochul and the New York State Legislature continue to offend the Second Amendment and the U.S. Supreme Court?The “how” unlike the “why” is not obvious and demands thorough attention.The “how” unlike the “why,” apropos of the changes to New York’s gun law, isn’t obvious and it is not easy to understand. It demands explication so Americans who cherish the right of the people to keep and be armed understand what it is they are up against. A new round of lawsuits has recently been filed. This, unfortunately, is a disturbingly familiar pattern-scenario—costly, time-consuming, and wearying on Americans. AQ’s contribution comprises a series of articles to explicate New York’s Gun Law considering Bruen and to provide both first-time prospective New York handgun licensees and those applicants seeking renewals of existing handgun licenses, a roadmap as to what to expect and how to proceed. In that vein, one should keep in mind that, although the Hochul Government has signed new amendments into law, those amendments aren’t operational rules. The City of New York and the Counties, and the State Police must work out what those rules are, to implement the changes in the Gun Law. To that end AQ looks at what Heller, McDonald, and Bruen require apropos of what the New York Government has done to create further obstacles for New Yorkers. A complete treatment requires not only an exploration of the recent New York amendments to its Gun Law in specific response to Bruen, but also a consideration of a panoply of recent changes to and additions to the Gun Law and to the entirety of New York’s elaborate handgun licensing regime that goes back to the Safe Act of 2013, and even before that—to the Sullivan Act of 1911, the progenitor of handgun licensing in New York. Given the present urgency, AQ will spend its energy reviewing both the recent amendments to the Gun licensing regime apropos of Bruen, and amendments to New York’s handgun regime Pre-Bruen that complement the Post-Bruen changes. A full discussion must include a consideration of New York’s recent “Red Flag” law that Hochul and Albany have incorporated into the Post-Bruen amendments, and which further endangers a citizen’s exercise of his or her unalienable right to keep and bear arms.

WHAT IS BRUEN ALL ABOUT?

AQ has heretofore laid out the basics of Bruen. In an earlier segment (Part 2) of our analysis, we pointed out: There are two key components to the Bruen Majority Opinion. One key component involves the test Federal, and State Courts must employ when they review Governmental actions that impact the Second Amendment of the Bill of Rights.The second involves the matter of “proper cause” that is at the heart of the gun licensing regime of New York and was the central topic at oral argument in Bruen, held on February 2022.AQ now deals with those two key component parts in depth, turning first to the “proper cause” aspect of the Bruen ruling, which we get to in the next segment of our Post-Bruen case series analysis._______________________________________________

PROPER CAUSE NO LONGER EXISTS IN NEW YORK GUN LAW BUT ITS REPLACEMENT, TO TAKE EFFECT ON SEPTEMBER 2^ND, LEAVES NEW YORKERS WORSE OFF THAN UNDER THE PRESENT GUN LAW

PART TEN

The “proper cause” issue is what Governor Kathy Hochul’s Administration, along with the New York State Democrat Party-controlled Legislature in Albany, had to contend with, once the U.S. Supreme Court struck down the “proper cause” requirement of the Gun Law, as unconstitutional. Hochul made clear in her statements to the Press that New York would not buckle under to the U.S. Supreme Court. Her remarks are both seditious and provocative. The Governor’s remarks are seditious because the amendments to the Gun Law demonstrate the State’s disregard for the Court’s rulings, even as Hochul claims to adhere to them. She has made clear, on the official Governor's website, that there will be no immediate changes to gun policies and the permitting process.  The Governor’s remarks are also disrespectful and presumptuous. See these remarks as well as published on the Governor's official website. Hochul’s Administration and the Democrat Party-Controlled Legislature, and their respective teams of lawyers, meticulously crafted a set of amendments to the New York handgun law. The amendments they crafted serve not only to preserve the law—the Sullivan Act of 1911, long since codified in NY CLS Penal § 400.00 et. seq.—but, as with the New York Safe Act of 2013, the amendments bolster New York’s stringent gun laws. The amendments exemplify Hochul’s resolve to defeat the impact of the Bruen rulings, notwithstanding the elimination of the “proper cause” requirement and make acquisition of a concealed handgun carry license even more difficult than it had been since the Legislature enacted a “proper cause” requirement. In a feat of legerdemain, the drafters toughened, did not ease, the standard for obtaining an unrestricted concealed handgun carry license. Clearly, Hochul doesn’t want to make acquisition of concealed handgun carry licenses an easy procedure. To frustrate that process, her Government wishes to continue to offer a restricted license as a “booby prize.” Yet, even in that, an applicant will find that obtaining a restricted handgun license is no longer a sure thing either.The amendments to New York’s Sullivan Act negatively impact all categories of handgun licenses, restrictive and unrestrictive. Thus, the stringent character of New York’s Gun Licensing regime remains intact.  To fully comprehend and appreciate how the State maneuvered around Bruen, pulling a switcheroo on both the U.S. Supreme Court and those who may have thought it easy now to obtain an unrestricted New York concealed handgun carry license, we peruse the language of the handgun law, comparing the law as it presently exists and the changes to it, effective September 2, 2022.

THE NEW YORK GUN LAW IS DIFFICULT TO UNDERSTAND

One first notices that New York’s Gun Law is confounding and mystifying. There is a dizzying array of handgun licenses. The full array of handgun licenses is set forth in NY CLS Penal § 400.00(2) of New York’s Penal Code. It is titled, “Types of Licenses,” and it reads:“A license for a pistol or revolver, other than an assault weapon or a disguised gun, shall be issued to (a) have and possess in his dwelling by a householder; (b) have and possess in his place of business by a merchant or storekeeper; (c) have and carry concealed while so employed by a messenger employed by a banking institution or express company; (d) have and carry concealed by a justice of the supreme court in the first or second judicial departments, or by a judge of the New York city civil court or the New York city criminal court; (e) have and carry concealed while so employed by a regular employee of an institution of the state, or of any county, city, town or village, under control of a commissioner of correction of the city or any warden, superintendent or head keeper of any state prison, penitentiary, workhouse, county jail or other institution for the detention of persons convicted or accused of crime or held as witnesses in criminal cases, provided that application is made therefor by such commissioner, warden, superintendent or head keeper; (f) have and carry concealed, without regard to employment or place of possession; . . . .” You would think that the three seminal Second Amendment case holdings, Heller, McDonald, and now, Bruen, would have swept away NY CLS Penal § 400.00(2) but for NY CLS Penal § 400.00 (2) (f)—a handgun license to “have and carry concealed, without regard to employment or place of possession.” But, surprisingly, NY CLS Penal § 400.00 (2) remains in its entirety, thus demonstrating the Anti-Second Amendment fervor of New York’s Governor and that of the Democrat Party-Controlled Legislature. If the Hochul Government had sought to cohere to the Bruen rulings, she would have called upon the Legislature in Albany to draft the Gun Law to eliminate handgun license categories as redundant, except for the unrestricted concealed handgun carry license category, and she would have liberalized the standard in acquiring an unrestricted handgun carry license. After all, why would a person wish to acquire only a restrictive handgun premise license since the U.S. Supreme Court held the right of armed self-defense extends beyond the home?Yet, Governor Hochul and the Democrat Party-Controlled Legislature in Albany had other ideas, and the multi-tiered hierarchical handgun licensing structure remains intact.

THE TAKEAWAY

That the whole of NY CLS Penal § 400.00 (2) still exists after Bruen, demonstrates not only the tenacity and stubbornness of Anti-Second Amendment politicians to thwart both the Bill of Rights and the rulings of the United States Supreme Court, but their ingenuity and cunning in subverting the rulings of the High Court. The amendments to NY CLS Penal § 400.00 (2) make acquisition of a handgun license tortuous and as difficult to come by as before Bruen.In the next segment, AQ explains how New York’s Anti-Second Amendment Government has exploited a seeming loophole in Bruen to defeat compliance with the Court’s ruling on “proper cause.”_____________________________________Copyright © 2022 Roger J. Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.

THE U.S. SUPREME COURT CAN ONLY DO SO MUCH TO PRESERVE THE SECOND AMENDMENT; THE GREATER EFFORT RESTS, AS IT ALWAYS HAS, WITH THE PEOPLE

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

MULTISERIES

PART EIGHT (REWORKED)

IT HAS BEEN A LONG HARD BATTLE TO SECURE THE RIGHT OF THE PEOPLE TO KEEP AND BEAR ARMS. AND YET MORE BATTLES REMAIN TO BE FOUGHT

Bruen has been an arduous, time-consuming, expensive, uphill battle for New Yorkers who simply wish to exercise their natural law right of armed self-defense. It will continue to be so. Bruen hasn’t changed a damn thing—at least in New York—and matters will remain the same until or unless New Yorkers say they have had enough of the specious nonsense spouted from the New York Governor, Kathy Hochul and others like her. She is cut from the same cloth as her predecessor, Andrew Cuomo. They claim they care about the life and well-being of New Yorkers, even as innocent residents fear for their safety and well-being, as they have good reason to do. But they simply don’t care, And New York City Mayor, Eric Adams, is no different. They are on the same page, each a carbon copy of the other, especially in matters involving their singular abhorrence of guns and antipathy toward the civilian citizen owning and possessing them. That fact is engrained in their brains. They won’t change. Those New Yorkers who continue to elect to office the same politicians who continue to harp on the evils of guns, and who continue to defy the plain meaning of the Second Amendment of the Bill of Rights, are doing themselves, and all other residents in New York, a disservice. These politicians, Kathy Hochul and Eric Adams, aren't wise and New York isn't safe. And, unfortunately, New York isn't alone. Politicians and Courts in other jurisdictions will pay lip service to the rulings of the U.S. Supreme Court in Bruen, just as they have paid lip service to the rulings in Heller and McDonald, for over a decade.New York politicians, and politicians in several other jurisdictions, with the same mindset, have handcuffed the police. Yet, at one and the same time, they continue to prevent members of the public from obtaining access to the best means available for protecting themselves, a handgun. Yet, all the while, they exclaim, disingenuously, a concern for “gun violence,” that plagues their cities.But “gun violence” is simply a species of general “criminal violence.” New York’s Hochul and Adams deliberately mislead the public into believing that “gun violence” is the only source of violence committed against innocent people, or, otherwise, that “gun violence” is the only kind of violence in the community that matters. They stubbornly refuse to accept the obvious.  Criminals will always find a way to obtain guns illegally or will use other means if guns are not readily available to them, and that guns in the hands of average, innocent, rational, and responsible Americans do a better job of preventing the commission of violent crimes than do fewer guns in the hands of those Americans. And to those Anti-Second Amendment zealots who contend that guns have no place in a civilized society, one need only point out that no society, today, is truly civilized. Predatory animal, and predatory man, and predatory government are ever with us. In a million years man may truly become “civilized.” And, at that point, the presence or absence of firearms will be irrelevant. But, until that time, the innocent man will require effective means to protect his life and well-being. And, to date, only a firearm provides that. Denying the omnipresent need for a firearm in the hands of the innocent man does not make that fact go away. It only welcomes violence against that innocent man by predator animal on four legs, predator animal on two legs, or, worst of all, predatory Government, a monster with multiple heads—the Hydra beast, a thing most tenacious, wildly destructive, and difficult to control, let alone kill.

ABSURD BELIEFS HAVE ODD STAYING POWER WHEN CONSTANTLY REPEATED

Anti-Second Amendment proponents continually go on about how guns are the source of violence and those that possess them are prone to violence, be whoever they are and wherever situated. That is patently ridiculous. Yet that message is stated insistently and emphatically by Anti-Second Amendment politicians. It is echoed loudly and incessantly by a compliant, sympathetic legacy Press. And it is further exploited by many in the medical community. The message is taken as self-evidently true, without need for proof, even though the claim is patently ridiculous.And New Yorkers know it is hopeless to ask for assistance from Governor Hochul or from the police, especially in a situation where the need is both dire and immediate. See, e.g., Arbalest Quarrel article, titled, "Can We, as Individuals, Rely on the Police to Protect Us" and reposted on Ammoland Shooting Sports News. And, police response to emergencies has only gotten worse in this Post-George Floyd era. Even where refunding of community police departments has displaced the defunding the Police the BLM hysteria, the Neo-Marxist "racism" hysteria remains a potent and debilitating force yet to be reckoned with. Police response times along with the general ineffectiveness of community policing, due in great part to demoralization in the police ranks, understandable and justified, remains. Thus the effectiveness of community policing is worse than in the Pre-George Floyd era. It is especially bad in large Democrat Party run municipalities, like NYC, Chicago, Baltimore, Minneapolis, LA, San Francisco, just to name a few. These City Governments are hopelessly tied to the Neo-Marxist Racism craze or are held hostage to Marxist cultists and/or  derive funding/guidance/control/advice from one or more of a plethora of NGOs (Non-Governmental Organizations) that have direct or indirect connection to the George Soros "Open Society Initiative. See, e.g., a delineation of these organizations on the website "Jellyfish." The tentacles of this "Open Society" takeover of western civilization are in fact worldwide, as readily acknowledged.With all this in mind, it is important for one to keep fervently in mind that the matter of self-defense remains—especially today—a personal responsibility. Police Departments have no legal duty—contrary to what many erroneously believe—to come to the assistance of anyone anyway. And they never did. The impact of this fact has grown acute and is now transparent to any American who will stop to look. The Arbalest Quarrel has published much content about the doctrine of sovereign immunity apropos of the police.See, especially, as noted, supra, AQ article, titled, “Can We, as Individuals, Rely on the Police to Protect Us?”, published on November 21, 2019; AQ article, titled, “The Government Cannot Protect You! You Must Protect Yourself”, published on July 31, 2020; and AQ article, titled “NYC Mayor Eric Adams Has His Own Armed Protection; What About The Rest Of Us?, published on March 30, 2022.New Yorkers are simply asking—in fact, demanding, as they have every right to do—that the Government not deny to the people exercise of the natural law right of personal armed self-defense. But, in New York it is too much to ask of the Government that the people be allowed to arm themselves in their own defense against predators—as if they should be required to ask Government for such permission, when they should not; when Bruen, in fact, says they need not, as the right of armed self-defense is implicit in the Second Amendment guarantee, as a natural law, Divine Right.For, even with the Divine Creator’s own imprimatur on this—the plain words “the right of the people to keep and bear arms shall not be infringed”—codified in the Second Amendment of our Nation’s Bill of Rights, and even with the U.S. Supreme Court’s strictures, commanding the New York Government, to comply with the fundamental, unalienable natural law right of the people, the NY Government does not acquiesce. It will not relent. It won’t adhere to or even deign to make an iota of concession to the people of New York. This New York Government doubles down on invoking the Sullivan Act. And, with 112 years of existence and further refinement, the Sullivan Act has been cemented in the psyche of the New York Government and in the psyche of the public as well.And so, this emblem of New York Government defiance to God, to the Constitution, and to the people of New York—one Kathy Hochul—declares openly and pompously that the Government of New York, and not the U.S. Supreme Court, will continue to decide what is in the best interests of the people; that the Government not the High Court has the best interests of the people of New York at heart; and that allowing law-abiding, responsible, rational civilian citizens to carry a concealed weapon in New York endangers everyone. This is the height of arrogance and conceit. Thus, the Governor of New York gives carte blanche to psychopaths and lunatics that they may continue to prey on the innocent, with abandon. See recent AQ article on this as posted on our site, and as reposted on Ammoland Shooting Sports News. But, even in that—allowing law-abiding, responsible, rational civilian citizens to carry a concealed weapon in New York endangers everyone—the Hochul Government is wrong. The Daily Wire blows that myth out of the water. See also article in “Bearing Arms,” and in NSSF. No less than the progressive cable station, CNN, dares mention of a crime wave in Mayor Eric Adams’ New York City. The criminal is, always was, and ever remains the problem. It isn’t “the gun,” and never was “the gun.”  See also article in the NY Post. Bloomberg News tries to spin this massive increase in crime, explaining the crime rates were much worse in the Eighties and early Nineties. But who were the Mayors of NYC at the time? It was the Democrat, Ed Koch, from 1978 through 1989, and it was Democrat David Dinkins, from 1990 until 1993. Crime rates in NYC only began to drop, and to drop dramatically, under Republican Rudy Giuliani, the NYC Mayor from 1994 through December 2001. Giuliani instituted a tough on crime policy, referred to as “Broken Windows.” Crime rates in the Big Apple continued to plummet under the Democrat, Michael Bloomberg, who continued Giuliani’s “Broken Windows” policy. But, once that tough on crime policy was revoked by the Democrat, Bill de Blasio, crime rates began to spike once again and to spiral completely out of control. And, de Blasio, true to form like most politicians, blamed the massive spike in crime in NYC, not on himself and his soft on crime policies, but on the Courts. See NY Post article.The present NYC Mayor, Eric Adams is playing the same “Blame Game” as de Blasio—casting blame on the Courts for crime in the City that continues unchecked.  See CBS News Report here and here, CBS News report. New Yorkers—never a group to exhibit patience—are becoming impatient with Eric Adams. Remember, Eric Adams told the public he wouldn’t continue de Blasio’s lenient on crime policy measures. But, as reported by the Washington Examiner, Adams’ has done just that, notwithstanding the unveiling of his “Blueprint To End Gun Violence,” delivered with great fanfare to the City back in January 2022. But no one hears anything about that anymore. Does anyone really wonder why? Adams “Blueprint to End Gun Violence” was never anything other than a publicity stunt and a poor one at that. And its failure is alluded to in the very title of the Adams’ plan for the City.This thing ‘Gun Violence’ is, like the phrase, ‘assault weapon,’ nothing more than a stratagem, a neologism manufactured for a specific purpose. Leftist propagandists developed it, and the ever obedient and indulgent legacy Press, ran with it. The fabricators of the phrase, ‘Gun Violence,’ have used the phrase to deflect justifiable public criticism, for the massive waves of criminal violence afflicting our Nation, onto “the gun” and away from the Democrats and other Obstructors and Destructors of our free Republic. People like Hochul and Adams attribute the surge of violent crime on “guns” and thereby shift discussion onto an inanimate object and away from themselves. A firearm is a convenient scapegoat. It is incapable of proffering a defense. It cannot point to the fact that it, as an object, not a sentient subject, can neither cause violent crime, nor be the effect of violent crime. But Hochul and Adams attempt, nonetheless, to shunt aside justifiable criticism of them and their administrations. But it is their own incompetence and their own lack of will and foresight to deal with crime head-on, unlike their predecessors Giuliani and Bloomberg had done, that explains the rapidly rising crime rates. But even those Mayors of New York could have gone further to truly bring violent crime to a standstill. They could have taken action to overturn the Sullivan Act. But they would never go so far as that. Disarming the law-abiding New Yorker would never be part of a bold plan to tackle crime at its source: the psychopathic criminal, the violent criminally insane, and the opportunistic hoodlum. See article in “City and State New York.” How these Anti-Second Amendment zealots love to use statistics to deceive the public and to lull it into complacency! Contending with crime, substantively and seriously, won’t happen with the present Administration and Democrat Party-Controlled Legislature in Albany. The main problem with New York is that too many members of the public willingly accept their politicians' manipulation of statistical data, urging the public to deny what they readily observe in day-to-day life in New York. And too many of them have become so enamored with and mesmerized by the new religious dogma of "Diversity, Equity, and Inclusion," along with its ludicrous claim of having a lock hold on morality, i.e., of what is right, and proper, and just, that their rational mind is trapped in a hopeless miasma of confusion, subject to its own nightmarish discordant logic.And so, the State Government is, at present, under the thumb of Governor Kathy Hochul and of a Democrat Party-Controlled Legislature that operates with abandon, against the needs and interests of the people of the State.The New York Governor, along with the Democrat Party-Controlled Legislature and New York City Mayor Eric Adams, “who vowed to crack down on crime if elected mayor,” but didn’t, are ever bound to their own dogma and to their own psychological and ideological biases. Add to that the fact that they are held hostage to a Radical Left Marxist internationalist base of voters that despises our Country, and to a shadowy network of Neoliberal Globalist/Neo-Marxist "ruling elite" enforcers that intend to destroy our Country, and you have a situation ripe for corruption of Government, and stagnation in society, and ultimate decay and dissolution of the Republic.So wrapped up are these politicians in their dogma and personal lust for power, that they fail to understand, or choose to ignore, that their cardinal duty is to provide for the general safety, security, and well-being of the public.  Saying they care are about the well-being of New York and its denizens, doesn't make it so. It is all just a vacuous exercise—the same verbiage delivered drone-like, hypnotically, unconvincingly. These politicians have done nothing beneficial for New York, and everything that disadvantages New York. Their multiple failures bring discredit and shame to all of them. Time for a change in outlook don't you think? The Governor, the Legislature, the City Mayor adamantly refuse to allow New Yorkers to provide for their own defense. And that is worse than shameful. The conscious refusal to even acknowledge the unalienable, immutable right of armed self-defense is reprehensible, indefensible, and unforgivable. And, with the Soros-funded Manhattan DA, Alvin Bragg, who operates more like a zealous Public Defender of the criminal element in the City and much less like a zealous Prosecutor of them, on behalf of the populace, as he is supposed to do, New York is on the road to societal disaster at a rapid pace.If change is to come, then, it will have to come from Republicans and Independents. And the best bet for New York is U.S. Congressman, Lee Zeldin, for Governor, in 2022. If Americans are to secure their unalienable right of armed self-defense, it is best they have Government, Federal and State, that work for them, not against them; that honor their natural law rights, rather than attempt to shred those rights. Might Lee Zeldin take steps to dismantle the apparatus of the Sullivan Act? It would be interesting to see. But will the New York voter give him that chance? Better legislation with the right people in Office than spending exorbitant sums of money, time, and aggravation on endless litigation!How much more threat of violence must progressive/liberal-minded New Yorkers suffer before they come to their senses. How many more innocent lives lost for lack of will to try someone new; to try something new?One would think the public would finally come to its senses after the horror of de Blasio as Mayor of NYC and Cuomo as Governor of the State. Too many New Yorkers have not. How much more danger must New Yorkers contend with before they throw people like Hochul and Adams under the bus, instead of positing themselves there, instead? Too many New Yorkers seem willing to accept deception from politicians, even when that deception and the horrific result of that deception is plainly visible and risible.City residents are stuck with Adams for a long while, three more years. But Governor Hochul, who was never elected Mayor, but became Mayor after Cuomo was hounded out of Office by the Democrat Party machinery that had once supported him, will now face her first Gubernatorial race in November 2022.New Yorkers will have a chance as well, to remake the New York State Assembly and Senate. Hopefully, Republicans and Independents and enough intelligent Democrats will turn the tide. They can in November. They can have a safe and secure State if they have the will and do not allow themselves to be hoodwinked by propaganda, flooding the airwaves. It is all up to the people of New York. Give Lee Zeldin and Alison Esposito a chance to turn things around for New York. New York can become a safe, secure, and thriving State once again._____________________________________Copyright © 2022 Roger J. Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.

THE U.S. SUPREME COURT DESERVES ACCOLADES FOR THE BRUEN DECISION, BUT NEW YORK’S CHANGES TO ITS CONCEALED HANDGUN LAW MAKE CLEAR THERE IS NO CAUSE YET FOR JUBILATION

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 EXERCISE OF THE RIGHT

MULTISERIES

PART SEVEN

NEW YORK’S HANDGUN LAW WAS ALWAYS A MESS—AND IT CONTINUES TO BE A MESS!

The Amendments to the New York State handgun regime are a “mess.” That one word is the best descriptor of them and for them, and for the entire State handgun licensing regime. These Amendments do nothing to alleviate the past difficulties an individual has had attempting to secure an unrestricted handgun carry license. These Post-Bruen Amendments merely substitute one ludicrous arbitrary and subjective, and vague handgun licensing standard, “Proper Cause”/ “Demonstration of Extraordinary Need,” for another nonsensical subjective and vague handgun licensing standard, “Demonstration of Good Moral Character.”The present New York Government, referring here to Governor Kathy Hochul and the Democrat Party-controlled Legislature in Albany, have manufactured a response to the Bruen rulings that is a sham, a dissembling, a pretense at satisfying the dictates of the Court—one that isn’t at all subtle.Implementation of the new handgun licensing standard makes it decidedly and decisively more difficult, not less so, for the average, responsible, rational, law-abiding civilian citizen, to obtain an unrestricted concealed handgun license. In fact, implementation of the new standard makes it more difficult for the average New Yorker to obtain even a restrictive home and/or business premise handgun license.The New York Government has brazenly defied, not obediently complied with, the Court’s Bruen rulings, thereby vitiating the import of Bruen, and violating the Court’s Article 3 Constitutional authority.In her words and actions, Hochul has made her feelings known, and the New York State Senate Majority Leader has echoed those sentiments.Contemptuous of the High Court’s rulings and reasoning, the New York State Senate Majority Leader, Andrea Stewart-Cousins, hurled a stream of invective, at the High Court. She regurgitated the same tiresome, disingenuous, and caustic rhetoric of Anti-Second Amendment fanatics and Neo-Marxist Cultists, proclaiming that the New York Nanny State knows what’s best for the people, not the U.S. Supreme Court. And so, the New York Government informs the Court that New York has no intention of complying with the Court’s rulings. In her Senate Majority Press Release, Andrea Stewart-Cousins retorts——“In response to the Supreme Court’s decision, implying that guns are more important than lives in this country, we are passing legislation to ensure that New York State has safe and responsible gun laws. States are the last line of defense, which is why we are stepping up to protect New York from being easily flooded with concealed weapons and keeping firearms out of the wrong hands. These measures, in addition to the previous anti-gun violence legislation we passed, are vital in a time when there are more guns than people in America. New York will continue to prioritize people’s safety and lives, and I thank my conference, Speaker Heastie, and Governor Hochul for their partnership.” ~New York State Senate Majority leader’s remarks after the NY Senate in Albany passed amendments to the State’s handgun licensing statute in response to the U.S. Supreme Court striking down the State’s concealed handgun carry law.The implication of Stewart-Cousins’ remarks is that the Government's changes to the handgun statute are designed to make it more difficult, not less difficult, for the average civilian citizen to exercise his or her right to armed self-defense in New York, thus necessitating the filing of further time-consuming and expensive lawsuits on the part of the citizen to obtain redress for Government's unconscionable, unconstitutional behavior.It is evident that the goal of the New York Government is to make the process of obtaining a New York handgun carry license—that one requires to lawfully possess a handgun in New York—so difficult, so onerous, so expensive, so time-consuming, so oppressive that one’s desire to exercise his or her natural law right to keep and bear arms is snuffed out, and the individual concedes defeat, and gives up further attempt to secure the right. Of course, some individuals will remain undeterred, and that is to be expected as long as the Second Amendment remains, de jure law, in the Bill of Rights—a thing that angers and frustrates the Neoliberal Globalists and Neo-Marxist internationalists to no end. For, as long as the Second Amendment remains explicit in the Constitution, the sovereignty of the American people cannot be disturbed, and United States, as a free Constitutional Republic, and independent Nation-State cannot be dismantled and its remains inserted into the “international rules-based neo-feudalistic, neoliberal empire,” a.k.a. “new world order,” a.k.a. “Open Society,” that the Destroyers of independent nation-states have long yearned and aimed and planned for.   New York's handgun regime is where the Globalists/Marxists are focusing their energies. If they can defeat the Second Amendment there, they also defeat the power and authority of the U.S. Supreme Court. So, the puppet-masters have given their puppets, Kathy Hochul and the Democrat Party-controlled Legislature in Albany, their marching orders. The Amendments to New York's handgun law are no less draconian than what stood before. The New York Government assumes that many people who had hoped to obtain an unrestricted handgun carry license easily, Post-Bruen, now realizing the hopelessness of the task, will simply capitulate, surrender the effort to obtain one.And, as the Government has included, in the Amendments, many more restrictions pertaining to places where, henceforth, it will be unlawful for the holder of a valid unrestricted license to carry a handgun in public, that, too—the Government hopes—will dampen whatever residual desire a civilian citizen may have to carry a handgun for self-defense. Obtaining a coveted handgun license will be, at best, at long-last, nothing more than a Pyrrhic Victory—hardly worth the effort.And, so, a recalcitrant, intransigent New York Government pushes hard against those citizens who intend to exercise their Second Amendment right regardless of the obstacles the New York Government places in their path. This means citizens must continue to expend earnest effort filing more expensive, more lengthy, more time-consuming lawsuits against Hochul and her Government. And the Government knows that, given the nature of the legal process, and of the effort, and time, and money involved, all those factors work to the Government’s advantage—not that of the citizen.Hochul's message is clear: “the New York handgun regime is here to stay, and any person who doesn’t like New York’s handgun regime, better have a deep pocket to file another lawsuit like Bruen, and they better have the time and energy and will power to follow through on it. They will need it.”Or, in the alternative, Americans can simply leave New York. Kathy Hochul’s predecessor, Andrew Cuomo—creator of and champion of the notorious New York Safe Act of 2013—has made abundantly clear that members of the GOP who hold “extreme views,” in Cuomo’s mind, are persona non grata. As he says, “you don’t belong in New York.’” See article in New York Post.So, then what? “Just leave?” And to be sure, many American Patriots have left New York. They have also left Illinois and California. But many other Americans, true Patriots, too, have stayed and they intend to fight for their fundamental rights and liberties in their State, their home.After all, many good Americans were born and raised in New York, in Illinois, and in California. These Americans consider those States to be their home. And those States are their home. So, why, then, should they leave? Let the corrupters of those States, like Cuomo and Hochul, and DeBlasio and Eric Adams leave New York. Let corruptors like Pritzker and Lightfoot leave Illinois. Let corruptors like Newsome, and Garcetti, and Breed, and Schaaf leave California, as well they all should. But where do Americans go if the Neoliberal Globalists and Neo-Marxist cultists take over the entire Country—which is occurring apace? The Biden Administration allows CCP China and the Billionaire, Bill Gates, to buy up vast tracts of land—and to what end? The Administration uses tens of billions of American tax-dollars against the interests of Americans and politicizes Government departments, agencies, and bureaus for its own nefarious ends. The military and police are demoralized and weakened. Our founders are denigrated. Our monuments and statues are defaced, removed, and desecrated.    The Biden Administration has done much to destroy this Country’s economy, infrastructure, and its resources, and its military preparedness and prowess. That is its sole reason for being. It is the sole reason, money, and time, and effort, and massive corruption of the electoral process was expended in getting Donald Trump out and getting Joe Biden and legions of lackeys into positions of power that they may damage the Republic irreparably.It has all paid off for the Corruptors of the Country. The Nation’s vitality is on the wane. This is not due to accident or mere happenstance; nor can it be explained as a product of gross incompetence. It is intentional. It is all part of an elaborate, sophisticated plan; carefully conceived and orchestrated; and methodically carried out.Yet, there are limits to the harm a feeble-minded and physical wreck of a man can inflict on this Country even though Joe Biden is but a titular Chief Executive. But, if California’s Governor, Gavin Newsom, should run for President, and secure the Democrat Party’s nomination for President in 2024, and, horror of horrors, if he became the 47^th U.S. President, what then becomes of the Country.? Newsom’s California will be replicated across the 50 States. Where might Americans run to, then? What State shall be able to operate—may operate—consistent with the Nation’s Constitution and Bill of Rights, once tyranny cements itself firmly in the Nation, and reigns unchallenged, supreme over Constitution, Nation, and People?For what Americans have experienced, especially, in the last 19 months, one must conclude the American Revolution of 1776 was less a hard-fought war, won, than it remains a war yet ongoing, with battles Americans must continue to fight against its own Federal and State Governments. For these Governments adamantly refuse to acknowledge and accept the sovereignty of the American people, as first conceptualized by the Framers of the U.S. Constitution and then as actualized through the fact of our Nation's well-armed citizenry. But can America's Patriots prevail against such powerful, malevolent, and tenacious forces that dare to suppress our Nation’s fundamental rights and liberties and to oppress our people until they capitulate—every one of us—to a world-wide feudalistic empire whose central offices one shall find in Brussels, Belgium?As we have seen, even simple recognition of the sacred natural law right of armed self-defense is not to be found everywhere in our Nation, but only in scattered spots here and there. A tyrannical Federal Government and several more tyrannical State Governments, blotting the National landscape, refuse to countenance such basic right—the cornerstone of our free Republic and of the sovereignty of the American people over Government. Our Constitution demands that Government pay homage to the will of the American people through recognition of the right of the people to keep and bear arms. No other Government on Earth allows such. Most other Governments mock the very idea of it. But not here. Yet, today, our Government, this Federal Government, and many State Governments and regional and municipal governments have become like so many others; corrupt, and jealous, and guarded of their powers: a blight on a Free Republic. These Governments demand the American people pay homage to them; not they to the American people!The forces that crush have made substantial inroads into achievement of their goal: the demoralizing, destabilizing, and dismantling of our free Republic. They have corrupted every institution of our Country. They have denigrated our history, heritage, culture, ethos, and Christian ethic. And, they are stripping our Nation of its strength, and will, and fortitude. Only the sovereignty of the Nation’s people remains, albeit attenuated, as our fundamental, unalienable, immutable, illimitable, and eternal rights and liberties are being inexorably, and swiftly, eroded before our very eyes. _____________________________________Copyright © 2022 Roger J. Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.

BRUEN SHOULD NOT HAVE BEEN NEEDED BUT WAS NEEDED BECAUSE COURTS REFUSED TO COMPLY WITH HELLER AND MCDONALD

POST BRUEN—WHAT IT ALL MEANS BOTH FOR THOSE WHO SUPPORT THE RIGHT OF THE PEOPLE TO KEEP AND BEAR ARMS AND THOSE WHO SEEK TO UNDERMINE AND EVENTUALLY DESTROY EXERCISE OF THE RIGHT

MULTISERIES

PART FOUR

As we alluded to, in our earlier articles on Bruen, the High Court’s decision is meant to redirect the actions of those jurisdictions that have misread and misapplied Heller.As one reads the Bruen Majority Opinion, and the Concurring Opinions, it becomes clear that the salient purpose of the Court’s Majority is to redirect those jurisdictions toward a proper understanding of the import and purport of the Second Amendment to the U.S. Constitution, as explained in Heller and McDonald. Bruen is intended to instill Courts with an appreciation of the proper standard of review to be used when reviewing Courts are called upon to test the constitutionality of government actions that impact the Second Amendment.Too many jurisdictions have, heretofore, intentionally, and stubbornly, or accidentally and carelessly, failed to heed the dictates of the two seminal Second Amendment holdings that impact all Second Amendment cases—Heller and McDonald. Henceforth, in the 21^st Century, this failure to heed Heller and McDonald is not acceptable. The Bruen decision as propounded is meant to correct serious irregularities in the judicial standard those Courts have heretofore employed— “intermediate scrutiny”/ “interest-balancing”—when reviewing the Constitutionality of Government actions impacting the Second Amendment.But truth to tell, this wasn’t the salient reason the High Court took up the case. And, notwithstanding that the conservative wing of the Court reviewed the case at all, this was not by wish of the liberal wing of the Court. It required the assistance of Chief Justice John Roberts, and his faithful colleague, Justice Brett Kavanaugh, as well, if the case were to be reviewed at all. In that regard, Bruen is just like Heller. For Heller to be accepted for review, it required the cooperation of Chief Justice John Roberts and Associate Justice Anthony Kennedy. Their votes were necessary if the conservative wing—at the time, Justices Scalia, Thomas, and Alito—were to be able to hold, finally, what had always been plain: that the right of the people to keep and bear arms is an individual right. It is not connected to one’s service in a militia. The dependent clause provides a rationale for the right—a mechanism to forestall tyranny of Government from taking root—but it is not at all to be considered a limitation on the exercise of the right. That would make no sense, on logical grounds alone, for it would reduce the right to a nullity. But, just as Associate Justices Antonin Scalia, Clarence Thomas, and Samuel Alito had to make concessions to the Chief Justice, John Roberts, and to Associate Justice Anthony Kennedy to get both onboard in Heller, so, similarly, Associate Justices Thomas and Alito had to make concessions to the Chief Justice and to Justice Kavanaugh to get them onboard in Bruen. Doing so ultimately made for a debilitated Bruen. And, as we explain in our continuing comprehensive exposition, Bruen is a markedly weak case. Bruen is much less than it could have been and much less than it should have been. That is to say, the entire handgun licensing structure of New York should have been struck down. But it wasn't. The Court could have done this in the New York City “gun transport case” if the Court had decided the case on the merits as both Justices Clarence Thomas and Samuel Alito wanted. That didn’t happen. Justice Roberts, and the liberal wing of the Court, didn’t want that to happen. And Justice Kavanaugh acquiesced to the wishes of the Chief Justice in that case. Similarly, in Bruen, the U.S. Supreme Court might have struck down the handgun licensing structure of New York that had existed for over one hundred years as it is an affront to the natural law right of armed self-defense. But the liberal wing didn’t want that to happen, and Justice Roberts didn’t want to see that happen either. Yet that was the raison d’être why Bruen came before the Court. If but tacitly, Petitioners, nonetheless, sought to strike down the entirety of the handgun licensing regime in New York, as it is an abomination. It was, in its very design, intended to severely hobble those Americans who reside in New York, from exercising their right to keep and bear arms for the purpose of self-defense. New York intended to inhibit exercise of those citizens who reside in New York of their God-Given natural law right of armed self-defense.Chief Justice Roberts didn’t want to see the handgun licensing structure of New York struck down, and he cajoled Justice Kavanaugh to join him in preventing a holding in Bruen that would see the Court doing just that: striking down the one hundred-and eleven-year-old Sullivan Act—the progenitor of the entire handgun licensing structure of New York—which has only grown more robust and egregious through time. And the liberal wing of the Court certainly didn’t want to see the handgun licensing regime of New York collapsing. For their goal is to see an end to the Second Amendment. The Sullivan Act is consistent with that goal.Bruen, unlike the New York City gun transport case that preceded it, was decided on the merits, but the ruling of the Court—there really was only one ruling—did not do much for Americans who desire to exercise their right to keep and bear arms unimpeded by Government. To the contrary, it made matters worse—much worse for present holders of New York City concealed handgun carry licenses. Thus, because Justices Thomas and Alito were prevented from striking at the core of New York’s handgun licensing regime, they spent most of their energies laying out the Heller standard for review. If one stops to think about that, the standard of review that Courts are supposed to apply and are supposed to adhere to was never a major issue in the case, and that it existed at all, was only as tangentially related to the key concern: the unconstitutionality of New York’s entire handgun licensing scheme. In other words, if New York Courts had applied the appropriate standard in reviewing Government actions impacting the Second Amendment, as the Courts should have been doing all along, on their own initiative, then Bruen would never have been necessary. The New York Courts would have themselves struck down the New York handgun licensing regime a long time ago, as blatantly unconstitutional, and Petitioners in the Bruen case, and many other American citizens residing in New York, would have, long ago, been able to exercise their right of armed self-defense without Government interfering with their inalienable right to do so. And that in and of itself would have taken care of the notorious crime wave impacting the City of New York, in particular. That New York Courts have failed to do so and that they, in fact, have embraced the unconstitutionality of New York Government harassment of those citizens who simply wish to exercise their right of armed self-defense, the U.S. Supreme Court could have done so in Bruen, and that would make sense after methodically going through application of the Heller test. Yet, the High Court stopped short of doing that. The Court left the handgun licensing scheme intact. It is our belief that Associate Justices Thomas and Alito would have liked to have been done with it, for the last time, and would have done away with it, but for reluctance on the part of the Chief Justice himself, and, on the part of Justice Kavanaugh as well, apart from the liberal wing of the High Court.  For far too long, all too many Federal and State Courts have mangled Heller and McDonald, wrongly reducing the right of the people to keep and bear arms to a “second-class right”—a point Justice Thomas made in his comment to the 2015 Friedman case that the Court failed to grant certiorari on, and that he pointed to again in Bruen. Justice Thomas emphasized that the States cannot reduce the fundamental right of the people to keep and bear arms to a “second-class right.” But many State Governments have done just that. And the State and Federal Courts in those jurisdictions had routinely held such Government actions as Constitutional when they were not.More inclined to adopt Dissenting Justice Breyer’s argument and reasoning and that of other liberal wing Justices in Heller and McDonald, rather than the sound judicial reasoning and rulings of the Majority, the lower Courts were legally bound to follow, those Courts had slowly eroded Heller and McDonald. Through time this resulted in the production of a substantial body of case law that has the invidious and insidious effect of striking down Heller and McDonald majority opinion rulings and reasoning. Thus, the lower federal and state Courts replace Majority Opinion Conservative wing rulings, respectful of the Second Amendment, with liberal wing musings, disrespectful of and abhorrent of the Second Amendment, as is plain from a perusal of liberal wing dissenting opinions—a serious injustice, establishing erroneous precedents across the appellate Court landscape. The United States Supreme Court did have many opportunities for more than a decade to redress the Constitutional irregularities of State and municipal Governments. Plenty of cases came to the High Court requesting review, but the liberal wing of the High Court did not want that. Those Justices that detested the Heller and McDonald holdings would have much preferred the de facto, or even de jure, erasing of the right of the people to keep and bear arms. And they would have been well on their way to the attainment of that goal if Obama’s nominee, Merrick Garland had acquired a seat on the High Court. The liberal wing Justices were and are always of one mind on matters impacting the Second Amendment. They certainly didn’t want to strengthen, or reinforce, or extend the rulings of Heller and McDonald as a review of those cases would have done if Chief Justice Roberts and Associate Justice Kennedy were onboard with that. At the time, Justices Scalia, Thomas, and Alito would have done just that But, without the support of Chief Justice Roberts, and Associate Justice Kennedy, that wouldn’t have happened, couldn’t have happened. The Chief Justice and Associate Justice Kennedy most certainly were not prepared to do anything that might strengthen or extend the Heller and McDonald case rulings. It tells a person much about the jurisprudential makeup of the Chief Justice and about Justice Kennedy.So, Heller and McDonald languished. And, the death of Justice Scalia, and Senate confirmation of Kavanaugh and Gorsuch to seats on the High Court, wouldn’t change the equation. The excruciating painful disembowelment of the two seminal Second Amendment cases was inexorable and inevitable. Justices Scalia, Thomas, and Alito were powerless to do anything about it unless they had the votes to prevent this. But, without Chief Justice Roberts and Associate Justice Kennedy—and thereafter, Roberts and Kavanaugh—on their side, they didn’t have the votes. This meant that many Americans, in the interim, were systematically denied the right guaranteed to them in the Second Amendment.That all changed with the Senate confirmation of Amy Coney Barrett, who, it is safe to say, supports a robust Second Amendment, consistent with the framers’ intent. With Barrett onboard, Roberts and Kavanaugh would have to lend their support to the Conservative wing, or they would be found out for the imposters they were and are. But they could not be caught operating as devoted companions of the liberal wing of the Court who seek to make mincemeat of the Bill of Rights. That would never do, especially for the Chief Justice to be in the minority on any decision, and certainly not on one impacting a fundamental right of the American people. Now that the Court did at least somewhat strengthen Heller and McDonald, with the Bruen decision, has this rectified the situation for Americans? Have States begun their slow reassessment of the Second Amendment? Have they begun to treat the right of the people to keep and bear arms as a “first-class right” and not a “second-class right”? Perhaps so. Time will tell. Some jurisdictions in fact appear inclined to do so. But, in New York—from where Bruen sprung—not so. Definitely not so! And we will explore why that is in the next several articles on Bruen._____________________________________Copyright © 2022 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.

NEW YORK’S GOVERNOR HOCHUL REFUSES TO ACCEPT THE BRUEN DECISION — “IT’S LIKE DÉJÀ VU ALL OVER AGAIN,” IN THE IMMORTAL WORDS OF YOGI BERRA

POST BRUEN—WHAT IT ALL MEANS BOTH FOR THOSE WHO SUPPORT THE RIGHT OF THE PEOPLE TO KEEP AND BEAR ARMS AND THOSE WHO SEEK TO UNDERMINE AND EVENTUALLY DESTROY EXERCISE OF THE RIGHT

MULTISERIES

PART TWO

“I reiterate: All that we decide in this case is that the Second Amendment protects the right of law-abiding people to carry a gun outside the home for self-defense and that the Sullivan Law, which makes that virtually impossible for most New Yorkers, is unconstitutional.” ~ Closing paragraph of Part One of Justice Alito’s Concurring Opinion in BruenThere are two key components of Bruen. One involves the test that Federal, and State Courts must employ when they are called upon to review Governmental actions that impact the Second Amendment of the Bill of Rights. The second involves the matter of “proper cause”/ “may issue” that is at the heart of the gun licensing regime of New York and that was the central topic of concern at oral argument in Bruen. And Bruen impacts other jurisdictions around the Country that have similar handgun licensing structures. As we all know, the High Court in Bruen struck down the foundation of the New York's concealed handgun carry license regime—the salient constituent of which is the unrestricted concealed handgun carry license component. Few people in New York "are privileged" to hold such valued and rare licenses, as those that have them can rely on handguns for self-defense in the public sphere, i.e., outside the home as well as inside it—a right denied to most all New York residents.First things first. We deal with the test that reviewing Courts must use when reviewing Governmental actions impacting 2A. The U.S. Supreme Court did articulate in Heller the test to be utilized by the Federal and State Courts when reviewing Governmental actions impacting the Second Amendment, but all too many Courts demonstrated a barely disguised antipathy toward it, or otherwise exhibited a tired apathy apropos of it. In either case such jurisdictions resorted to their own case precedent.The appropriate test to be employed—the Heller test—involves a two-step process.The first step is easy or should be easy if a reviewing Court doesn’t make what is a simple matter difficult.A reviewing Court first ascertains whether the Governmental action conflicts with the plain meaning of the Second Amendment. This means simply that the Court looks to see if the Governmental action affects the Second Amendment at all. If the Governmental action impacts on the individual right to keep and bear arms, then, the first part of the test is met. The Government action is presumed unconstitutional and the burden to prove that the action is constitutional rests on the Government, not on the individual asserting the right to be exercised—the right of the people to keep and bear arms.Thus, in the second part of the test, the Government must prove that the action is consistent with the historical tradition of firearm’s regulation. If the Government fails to establish historical precedent, then the regulation must be struck down.Justice Thomas, writing for the majority, said this:“We reiterate that the standard for applying the Second Amendment is as follows: When the Second Amendment’s plain text covers an individual’s conduct, the Constitution presumptively protects that conduct. The government must then justify its regulation by demonstrating that it is consistent with the Nation’s historical tradition of firearm regulation. Only then may a court conclude that the individual’s conduct falls outside the Second Amendment’s ‘unqualified command.’”Pay close attention to the phrase, “we reiterate” as utilized by Justice Thomas in the main Majority Opinion and as also utilized by Justice Alito in his Concurring Opinion. In colloquial parlance, the word, ‘reiterate’ means ‘to say something again or several times, typically for emphasis or clarity, and often alluding to a feeling of weariness for having to do so.’ Such is the reason for the term’s appearance in Bruen and such is the profound frustration apparent in the Majority Opinion. By using the word, ‘reiterate,’ in Bruen, the High Court expressed its disdain with the lower Courts for continually failing to heed Heller. This may be due to antipathy, even spite toward the Heller decision. Or it may be due to ignorance, apathy or sloppiness, or philosophical leanings, or stubborn adherence to lower Court precedence. That it happens at all is a dreadful thing—thus the need for Bruen—and, still, we see the Federal Government and State Governments and State and Federal Courts contending with Heller and with McDonald, and intending now to contend with Bruen, as well. How many cases must the U.S. Supreme Court hear before Government gets the message: that the right codified in the Second Amendment of the Bill of Rights of the U.S. Constitution is a natural law right: fundamental, unalienable, immutable, illimitable, eternal, and absolute?Heller laid out the test and the Majority Opinion stated that fact explicitly. —The point being that the High Court wasn’t positing a new standard of review of Second Amendment cases in Bruen, but it was merely confirming the test as promulgated in Heller that all too many lower Courts had heretofore failed to apply. And in that failure, the lower Courts were jeopardizing the sanctity of the fundamental right of the people to keep and bear arms, as an individual right unconnected with one’s service in a militia.Justice Thomas, writing for the Court Majority, was telling those lower Federal and State Courts that had heretofore applied a ‘means-test analysis’ in Second Amendment cases—a test also referred to as an ‘interest-balancing approach’ or ‘interest-balancing inquiry,’ or, in Court vernacular, an ‘intermediate scrutiny test’ in testing the Constitutionality of a Governmental action—that those Courts had gotten it all wrong! Those lower Courts were giving their imprimatur to Governmental actions that all was well and good when nothing was well and good with those actions as they infringed the clear intent of the Second Amendment. The Courts should have struck those actions down. They didn’t. And in affirming the constitutional correctness of unconstitutional acts those Courts compounded their sin against the people and against the Divine Creator. For the Divine Creator had bestowed on man and in man the right of self-defense. And the general sacred right of self-defense subsumes armed self-defense, which is but a species of the Divine Right of personal survival of body, mind, and spirit against those people or Government that would dare to destroy or subjugate body, mind, or spirit to another’s will or to the will of the State over the Self.There are several examples of this failure to heed Heller, but the starkest example is Friedman vs. Highland Park, 784 F. 3d, 406 (7th Cir. 2015), cert denied, 577 U.S. 1039 (2015). The Friedman case is particularly noteworthy, especially today, because the Court had the opportunity to deal head-on with the issue whether so-called “assault weapons” fall within the core of Second Amendment protection. Had the Court taken that case up, it would have ruled that “assault weapons” do fall within Second Amendment protection, and that would have saved the American people a lot of aggravation and heartache that is at present heaped on them by a treacherous and obstructionist Biden Administration, a treacherous, obstinate Democrat Party-controlled Congress, an obstreperous, perfidious legacy Press, and a painfully passive, acquiescent, obsequious, worthless Republican Party.Of course, the expression, ‘assault weapon,’ is a fiction. That’s all it ever was. It isn’t a military term of art, and never was a military term of art; and it isn’t and wasn't ever used in the arms industry as such either.Propagandists devised the term for politicians and a seditious Press for its effect on gullible members of the American public who allow the Government and the Press to do their thinking for them—seducing them through emotive words and images to sacrifice their God-Given Rights for nothing but an illusion of or false hope of security if they would but place their faith in the State to protect them, but from what is never made clear. What is clear is that the State wishes to protect itself from the armed citizenry, as it is the end goal of the State to oppress the citizenry, not provide for the citizenry's succor, much less its salvation. For salvation can only come from the Divine Creator anyway, not from the State—a false god, a fake, cardboard god.Propagandists originally meant to ascribe the expression, 'assault weapon,' to some but not all semiautomatic handguns, rifles, and shotguns. But, of late, especially with the latest Texas school shooting incident—with the Biden Administration, riding a wave of public anxiety and anger over public school shootings—the Administration has chosen to exasperate public anxiety rather than allay it, seeking to ban all semiautomatic weapons or placing them under the purview of the NFA and that means under the heavy hand of the ATF. And this is as we at AQ had predicted long ago.But this would all be a non-issue if the U.S. Supreme Court had a chance to rule on “assault weapons” in the years following the Heller decision. The Court certainly had the chance to do so in the Friedman case. And, God knows, Justice Thomas for one wanted to deal with this matter, but obviously could not get support from the liberal wing of the Court or from the Chief Justice, John Roberts, or from Justice Kennedy both of whom had no stomach for establishing clearly and categorically the salient reason for the Second Amendment: which is that Government was created to serve the American people, not the other way around.An armed citizenry signals to Government that the people are Sovereign over Government and over their Nation, and that firearms provide the means by which Government must bow to the will and sovereignty of the people, whether Government reluctantly agrees to do so or not.It is a curious thing that the supporters of tyranny constantly complain about the firepower of modern semiautomatic weaponry, emphasizing in a hysterical way that such weapons are designed for the military—the standing army of the Federal Government. To be sure, that weaponry of the American citizen is supposed to be military weaponry, designed for just such a cataclysm: to prevent an unrestrained Government and its standing army, and its militarized police, and its vast intelligence apparatus that seeks to bend the citizenry to its will. The right of the people, and the duty of the people, and the ability of the people to resist Government oppression and subjugation is only feasible where the citizenry is armed, and armed to the hilt, and armed with military weapons. In fact, it is not just the semiautomatic weapons that Americans have a fundamental right to possess then; it is the selective fire weapons and fully automatic personnel weapons that Americans have a God-Given right to wield. Of course, a tyrannical Government would attempt to prevent the citizenry from having access to just that sort of weaponry by which the people might succeed in resisting tyranny. The NFA should be repealed; no question about that. Instead, the Harris-Biden Administration wants to extend its purview over semiautomatic weaponry and, of course, eventually over all weapons. A dire confrontation between the citizenry and the Government is inevitable if the Executive and Legislative Branches do not soon come to their senses and acknowledge that those that serve in those Branches of Government owe their allegiance to the U.S. Constitution as written, and to the American people they have a duty to serve. It is not the American people that must bow down or defer to these Government servants, much less deify them. It is they, the smug, sanctimonious, self-righteous servants of Government that need to be put in their place, and that place may well be the chopping block.______________________________________

THE “ASSAULT WEAPON” TEST CASE: WILL NEW YORK REVERT TO “INTEREST-BALANCING” AFTER BRUEN TO SAFEGUARD AN UNCONSTITUTIONAL HANDGUN LICENSING REGIME?

PART THREE

As explained by the Seventh Circuit in Friedman, “The City of Highland Park has an ordinance (§136.005 of the City Code) that prohibits possession of assault weapons or large-capacity magazines (those that can accept more than ten rounds).” See AQ article published May 1, 2018, for further explication of Government failure to recognize the Constitutionality of civilian ownership and possession of semiautomatic weapons, derogatorily and erroneously referred to as “assault weapons.” The High Court in Heller ordered Courts not to utilize interest-balancing when reviewing the constitutionality of a Governmental action impacting the Second Amendment. That was explicit. The Seventh Circuit used that test anyway and found the ordinance did not violate the Second Amendment. That was hardly surprising. Whenever a reviewing Court uses interest-balancing to test the constitutionality of a Governmental action impacting the Second Amendment, the Court invariably finds an unconstitutional act to not violate the Constitution. That is why the U.S. Supreme Court dispensed with interest-balancing. When a Court uses that test, it gives the illusion that the Court is truly balancing the interests between the State action and the individual right. But the individual right always loses to the State action. That is inevitable. To add insult to injury, the Seventh Circuit was using the very test that Justice Breyer championed in Heller, and which he referred to again, in Bruen. But Breyer was writing a dissenting opinion in Heller, and he stuck with it in Bruen. A dissenting opinion isn't the Court's holding. But many jurisdictions wanted the dissenting opinion to operate as a holding in Second Amendment cases. And so, they pretend the dissenting opinion in Heller was the majority ruling opinion. It is incredible. Such rulings of lower Courts utilizing a test that the majority in Heller did not countenance and explicitly and emphatically refuted, would rely on that test, interest-balancing, anyway.In Friedman, the Seventh Circuit decided to go with the dissent’s reasoning rather than with the law as propounded by the Majority in Heller. Justice Thomas was justifiably furious. And he took the Seventh Circuit to task, and, by extension, tacitly chastised those members of the High Court who did not want to hear the case. Given its importance to the reasoning and ruling in Bruen we cite at length the comment of Justice Thomas in the Friedman case which the High Court refused to grant hearing on. Justice Thomas said, in substantial and pertinent part—with the late, eminent Justice Scalia joining him, “Based on its crabbed reading of Heller, the Seventh Circuit felt free to adopt a test for assessing firearm bans that eviscerates many of the protections recognized in Heller and McDonald. The court asked in the first instance whether the banned firearms ‘were common at the time of ratification’ in 1791. But we said in Heller that ‘the Second Amendment extends, prima facie, to all instruments that constitute bearable arms, even those that were not in existence at the time of the founding.’ The Seventh Circuit alternatively asked whether the banned firearms relate ‘to the preservation or efficiency of a well regulated militia.’  The court concluded that state and local ordinances never run afoul of that objective, since ‘states, which are in charge of militias, should be allowed to decide when civilians can possess military-grade firearms.’ But that ignores Heller’s fundamental premise: The right to keep and bear arms is an independent, individual right. Its scope is defined not by what the militia needs, but by what private citizens commonly possess Moreover, the Seventh Circuit endorsed the view of the militia that Heller rejected. . . .The Seventh Circuit alternatively asked whether the banned firearms relate ‘to the preservation or efficiency of a well regulated militia.’  The court concluded that state and local ordinances never run afoul of that objective, since ‘states,  which are in charge of militias, should be allowed to decide when civilians can possess military-grade firearms.’ But that ignores Heller’s fundamental premise: The right to keep and bear arms is an independent, individual right. Its scope is defined not by what the militia needs, but by what private citizens commonly possess. The Seventh Circuit ultimately upheld a ban on many common semiautomatic firearms based on speculation about the law’s potential policy benefits.  The court conceded that handguns — not ‘assault weapons’ — ‘are responsible for the vast majority of gun violence in the United States.’  Still, the court concluded, the ordinance ‘may increase the public’s sense of safety,’ which alone is ‘a substantial benefit.’  Heller, however, forbids subjecting the Second Amendment’s ‘core protection . . . to a freestanding ‘interest-balancing’ approach. . . .’ 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 [citations omitted; passim].”

THE HELLER TEST

Justice Thomas spent considerable time in Bruen outlining the Heller test so that there would be no doubt as to the standard of review lower Federal and State Courts must employ when a Government action impinges upon the Second Amendment. He said:“The test that we set forth in Heller and apply today requires courts to assess whether modern firearms regulations are consistent with the Second Amendment’s text and historical understanding. . . .”“In Heller, we began with a ‘textual analysis’ focused on the ‘normal and ordinary’ meaning of the Second Amendment’s language. That analysis suggested that the Amendment’s operative clause—‘the right of the people to keep and bear Arms shall not be infringed’—‘guarantee[s] the individual right to possess and carry weapons in case of confrontation that does not depend on service in the militia. From there, we assessed whether our initial conclusion was ‘confirmed by the historical background of the Second Amendment. . . .’ We looked to history because ‘it has always been widely understood that the Second Amendment . . . codified a pre-existing right.’ The Amendment ‘was not intended to lay down a novel principle but rather codified a right inherited from our English ancestors.” After surveying English history dating from the late 1600s, along with American colonial views leading up to the founding, we found ‘no doubt, on the basis of both text and history, that the Second Amendment conferred an individual right to keep and bear arms.’ We then canvassed the historical record and found yet further confirmation. That history included the ‘analogous arms-bearing rights in state constitutions that preceded and immediately followed adoption of the Second Amendment’ and ‘how the Second Amendment was interpreted from immediately after its ratification through the end of the 19th century,” . . . . When the principal dissent charged that the latter category of sources was illegitimate ‘post enactment legislative history’. . . . We clarified that ‘examination of a variety of legal and other sources to determine the public understanding of a legal text in the period after its enactment or ratification’ was “a critical tool of constitutional interpretation. . . .’”This boils down to the following:First, look at the plain meaning of the Second Amendment: The right of the people to keep and bear arms is an individual right. The militia clause sets forth simply a rationale for it—to inhibit the incursion of Tyranny in Government—which therefore emphasizes the need for the American people—as individuals—to keep Tyranny in check through the best means available: force of arms. In fact, this is the only way to keep Tyranny in check. And we see this now. Tyranny now exists in Government. Sadly, there’s no question about it.It is more than mere wish that drives Anti-Second Amendment usurpers to deny Americans their right to keep and bear arms. It is abject fear, even panic, which motivates them to openly defy the transparent and categorical meaning of the Second Amendment.Among many Americans who had placed their faith in Government but who hadn't succumbed to Government's new religious dogma of “Diversity, Equity, and Inclusion”—upon which the Destroyers of our Nation, and of our Constitution, and of a free and sovereign people insidiously cloaked their aims to dismantle the Republic so that they may thrust the remains into the “NWO” a.k.a. “Neoliberal World Order” a.k.a. “International World Order,” a.k.a. the “Open Society,”—the truth is becoming known. Even the most obtuse of American sees that the Federal Government and that the Soros-funded State and local Governments are moving this Nation perilously close to destruction and oblivion. And it is much too late for these ruthless creatures that seek the demise of a free Constitutional Republic and a Sovereign American people over Nation and Government to disguise that fact.The Bruen decision establishes the stakes for the American people. It is a zero-sum game. There is no compromise. There can be no compromise with a Tyrant. Americans have a fundamental God-Given unalienable right of armed self-defense against predatory beast, predatory man-beast, and predatory Government, i.e., tyranny. Heller and McDonald made this Truth plain. The Federal Government and many States refused to listen. So, the U.S. Supreme Court reiterated the right of armed self-defense. Will the Federal Government and the States listen? Judging by what we see from the actions of New York, the State Government intends to do war with Americans. Far from complying with Bruen, Governor Hochul and the New York Legislature in Albany have no intention of complying with Bruen, any more than New York did with Heller and McDonald. In fact, Bruen makes gun ownership in New York worse, much worse, especially for those that wish to secure an unrestricted concealed handgun carry license.The New York Government has told the U.S. Supreme Court plainly "to go to Hell," and they mean the same for those citizens who reside in New York who wish to exercise their God-Given right of armed self-defense. The danger to the security of a free State is currently very much in doubt. That is why we are spending considerable time on Bruen and will continue to do so in the next several installments, leading up to the critical Midterm Elections in November._________________________________________________Copyright © 2022 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.

NEW YORK CONCEALED HANDGUN CARRY SINCE BRUEN: A STEP FORWARD OR A STEP BACKWARD?

POST BRUEN—WHAT IT ALL MEANS BOTH FOR THOSE WHO SUPPORT THE RIGHT OF THE PEOPLE TO KEEP AND BEAR ARMS AND THOSE WHO SEEK TO UNDERMINE AND EVENTUALLY DESTROY EXERCISE OF THE RIGHT

MULTISERIES

PART ONE

TO UNDERSTAND BRUEN, IT IS IMPERATIVE TO UNDERSTAND HELLER, AND THE RELATIONSHIP BETWEEN THE TWO; BRUEN DOESN’T REFORM OR REPLACE HELLER, IT BUILDS ON IT.

THE IMPLICATIONS OF BRUEN

On June 23, 2022, the U.S. Supreme Court decided N.Y. State Rifle & Pistol Association vs. Bruen, 2022 U.S. LEXIS 3055, ___ S. Ct.___. The Court reversed the decision of the U.S. Court of Appeals for the Second Circuit. The High Court held that, “Where the State of New York issued public-carry licenses only when an applicant demonstrated a special need for self-defense, the State’s licensing regime violated the Constitution because the Second and Fourteenth Amendments protected an individual’s right to carry a handgun for self-defense outside the home. A State could not prevent law-abiding citizens from publicly carrying handguns because they had not demonstrated a special need for self-defense.” The Court thereupon reversed and remanded the case for action, consistent with the Court’s ruling.The holding of the Bruen case makes clear that a person has the fundamental right of armed self-defense outside the home no less so than he has the right of armed self-defense inside it. The implication of that holding is far-reaching:

• The language of the Second Amendment logically entails the fundamental right of armed self-defense.

• The carrying of a concealed handgun for self-defense outside the home as well as inside it is protected by the Second Amendment because it reflects the very intent behind the Second Amendment: the natural law right of armed self-defense.

• The Second Amendment is the codification of natural law, not man-made law, and Government and the Courts must adhere to the plain meaning of that natural law right, as codified.

• Demonstration of proper cause, i.e., proof of special need to carry a concealed handgun outside the home is inconsistent with the natural law right of armed self-defense, both inside the home and outside it. A person doesn't need to demonstrate a special need.

• The right to self-defense inside the home or outside it is governed by the plain meaning of the Second Amendment. One man doesn't need to prove to another or to an agent of Government that he has some especial need for a gun for purpose of self-defense to exercise the fundamental right of self-defense. For, the right of self-defense exists intrinsically in man. If Government fails to recognize and acknowledge this, requiring of one that one demonstrate especial need to purchase from Government a thing that man already owns and what Government, then, has no lawful right to sell to him—a property right that belongs to man and not to the Government—then all the worse for Government and its agents that would compel one to remit payment to Government for something freely given to man by the Divine Creator. The right of armed self-defense is a thing of immense value that Government audaciously and erroneously claims sole ownership of and demands remuneration for when or if Government offers it for sale, which is a rare event indeed and is a thing coveted and a thing hoarded by Government as if Government could ever successfully purloin it from man.

• Requiring proof of special need to carry a handgun outside the home is incompatible with the holdings of the two prior seminal U.S. Supreme Court Second Amendment cases, Heller, and McDonald.

• Requiring proof of special need to carry a handgun outside the home is not supported by historical precedent.

• New York concealed handgun carry law is incoherent, and, in its application, lends itself to partiality in treatment, resulting in disparate outcomes among applicants who have similar backgrounds. This invites corruption, at worst, and, at best, frequent errors in judgment by the NYPD Licensing Officers who are given vast decision-making authority.

• The recent amendments to New York’s handgun licensing regime don’t alleviate the vexing legal problems attendant to the previous handgun licensing regime; they exasperate those problems.

• New York’s requirement for a showing of proper cause by a person applying for a New York concealed handgun carry operates as a condition precedent to exercise of a natural law right. This means the applicant, who is not under any Federal Statutory disability, can demand that the Government issue him a concealed handgun carry license as matter of Right. But, in New York the applicant still cannot do this because the issuance of a license remains, in practice, a privilege, not a right. But this flies in the face of Bruen.

• Since, consistent with Bruen, a person, not under disability, has a right to demand issuance of a handgun carry license, as the Constitution mandates this, issuance of a license to carry a handgun for self-defense in the public sphere merges with the Right. Thus, a license to carry a handgun in public is truly redundant. If then, the Government insists on licensing the right, then the applicant, not under disability, is entitled to receive a license on demand so that he can exercise his fundamental and unalienable Right to Keep and Bear Arms.

• To refuse an applicant a valid concealed handgun carry license for self-defense outside the home, renders exercise of the Right both legally and logically nugatory and therefore vacuous—which it always had been prior to Bruen and Heller.

• Therefore, if a government insists on maintaining a handgun licensing structure, the act of issuing a license is reduced to a non-discretionary ministerial act and is therefore redundant, i.e., logically unnecessary. But, if the Government intends to maintain handgun licensing as a discretionary act, then any refusal of Government to issue a person a concealed handgun license, after Bruen, operates as an unconstitutional act of Government in naked defiance to the rulings and directives of the U.S. Supreme Court.

• It is the U.S. Supreme Court, alone that has sole authority under Article 3 of the U.S. Constitution to say what the law is.

• The New York Government for one, is deliberately ignoring High Court rulings, where the Court has spoken and has stated clearly and categorically, “what the law is.”

New York Governor, Kathy Hochul, along with the Democrat Party controlled State Legislature in Albany, New York, have implemented substantial amendments to the State’s handgun licensing regime that make it harder, not easier, to obtain a concealed handgun carry license. But, to understand how it is and why it is New York’s licensing regime is unconstitutional now as before Bruen, and now even worse than before, we will peruse both Bruen and Heller, at length, looking closely at the test that Courts are obligated to apply and to adhere to when confronted with a challenge to Government action that impacts the very core of the Second Amendment Right. ____________________________________Copyright © 2022 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.

ARMED SELF-DEFENSE UNDER ATTACK IN THE U.S.

Is armed self-defense a basic human right? The question may seem rhetorical, even nonsensical to a rational mind. “Of course armed self-defense is a basic human right,” you would say. Or is it?In the countries of the EU, it isn’t; nor is armed self-defense acknowledged and accepted as a fundamental human right in the countries that comprise the British Commonwealth.Forget about those Countries of the British Commonwealth and the EU. They are lost.But, what about the United States? Do Americans have a right to armed self-defense?The natural law right codified in the Second Amendment of the Bill of Rights makes plain that Americans do have a natural law right of armed self-defense. And the seminal Second Amendment holdings in Heller, McDonald, and, most recently, in Bruen explicitly assert that. So, why does that remain a question for us? But a question for us it is, disturbing as it is.The Neoliberal Globalist elite puppet-masters and the Neo-Marxist internationalists do not acknowledge—in fact do not recognize—the right.Of course, it should not matter what these creatures think. But so long as Americans vote their proxies into public office, the right of armed self-defense remains, in practice an open question in many jurisdictions across the Country, despite the clear meaning of the Second Amendment and irrefutable U.S. Supreme Court precedent.The fact remains that in the U.S. the natural law right of armed self-defense is not to be denied, ignored, dismissed, or abrogated.The right of armed self-defense is itself subsumed in the broader category of the right of self-defense, i.e., the natural law right of a person to defend him or herself against predatory attack whether from predatory four-legged beast, two-legged beast, or predatory Government.Armed self-defense simply means that a person has the natural law right to possess the best means for ensuring both his physical survival and his autonomy of self against those forces that dare crush body, mind, or spirit. For centuries that best means of self-defense was a firearm. And so, it remains.And, as the forces that crush have garnered more sophisticated weapons to destroy body, mind, and spirit, so, too, have the commonalty of the United States acquired the weaponry and technology necessary to repel attack.Through the years, we have written extensively on this. See e.g., article of December 2, 2021, titled, “Tyranny, Fundamental Rights, and the Armed Citizen.”See also article in Georgetown Journal of Law & Public Policy.In a world moving closer and closer to Armageddon, in the form of transnational tyranny, and as CCP China and western neoliberal Globalist overseers carve up the world between them, the U.S. as a free Constitutional Republic cannot long remain separate and apart from the emergence of a one-world neofeudalistic governmental empire unless the American people assert their sovereign authority over Government. This should not be difficult but, through time, it has become so, for many Americans. Why is that? It is for these major reasons, among others:

• Consolidation of information organs into one massive organ of propaganda, targeting the public on an industrial scale;
• Incessant, noxious surveillance of the movements of the mass population; 
• Consolidation of federal police, military, intelligence apparatuses into one uniform command structure;
• Merging of Federal Executive and Legislative Branch functions; and attempts to merge the Judicial Branch into the fold; and
• Governmental Social Engineering and Psychological Conditioning Campaigns aimed at confusing, and demoralizing, and inducing fear and hysteria in the polity.

Thus, the forces that crush slowly whittle away at the integrity of the United States as an independent sovereign Nation and slowly soften the resolve of vast swaths of the polity that would otherwise enable the polity to ably resist both the inexorable march toward tyranny and usurpation of the peoples’ sovereignty over Government.The founders of our Nation fought against one tyranny, a long time ago, and, despite insurmountable odds against the British empire—through the titular monarchic head, King George III, and via the true head of Government, the Bank of England, run by the Rothschild banking family—won their freedom from despotism.The Rothschild clan and their henchmen have, through the ensuing years, decades, and centuries, fought to take back what they had lost to what they perceived as merely a ragtag band of colonists.With the aid of technology and advances in the art and science of mass social engineering and psychological conditioning, their despicable efforts have been made appreciably easier. And these Obstructors and Destructors have made vast strides in corrupting the Nation from within, eschewing use of military, at least for the moment; operating surreptitiously; slyly; always in the shadows.In a feudalistic nation that America is becoming, devolving into, the common man—today’s serf—counts for naught.How does one come to see this, to know this? He does so by realizing that the average citizen can no longer, as a matter of natural law right, exercise that natural law right of armed self-defense or, for that matter, self-defense at all. Armed self-defense is not a privilege to be bestowed on one by the grace of Government. It is a natural law right bestowed on and in man by the Divine Creator. It is a right intrinsic to one's very Being. See recent Arbalest Quarrel article published on June 16, 2022, when we discuss this matter at length.The natural law right of self-defense, armed or not, is under attack by a tyrannical Government and by a compliant, obedient legacy Press. This failure to recognize the natural personal right of self-defense and, indeed, to attack the very idea of it, is not happenstance. It is consistent with anti-natural law philosophy as long promoted by and that is a mainstay of the UN, the EU, and of the Council of Europe and which the Biden Administration wholeheartedly complies with, adheres to and endorses, as is clear from the Administration's words and policies. It would be futile to look for any mention of a personal right of self-defense, let alone any mention of a personal right of armed self-defense in the writings of the UN, EU, and Council of Europe. There is none. See Arbalest Quarrel articles on this, especially, our article of December 2, 2021, titled, “Tyranny, Fundamental Rights, and the Armed Citizen,” cited supra; article of February 23, 2022, titled, “Martial Law in Canada; Can it happen in the United States?”; and article posted on March 4, 2022, and article posted on May 1, 2020.A transnationalist, post-nation-state world view—manifesting as a unified global technocratic, corporatist, neofeudalistic empire embracing the world, where the populations of the world are reduced to servitude and must comport with uniform and rigid standards of thought and conduct—is incompatible with the precepts of Individualism, upon which the United States, as a free Constitutional Republic is grounded. Thus, the Biden Administration, as the Obama and the Bush Administrations before it, must be circumspect and devious in devising and implementing policies and initiatives that are antithetical to the strictures of the United States Constitution, and, especially, those of the Bill of Rights—that component of the Nation's Constitution upon which the sanctity and inviolability of Selfhood and personal autonomy is predicated and guaranteed, and upon which the sole sovereignty of the American people over Government is promised and upon which that sovereignty rests.But as the Rothschild henchmen in control of the levers of the Federal Government and of the Press and of the multinational corporations have sown the seeds of our Nation’s destruction—even impacting the States, through the efforts, and money, and organizational acumen of the Henchman in Chief, George Soros, who has, alone, done much damage sowing the seeds of our Nation’s destruction down to the regional and even local levels—there will come a time, which is rapidly approaching, where the puppet-masters, through their legions of pawns, will make known and transparent, the elaborate plans and machinations heretofore prepared in secret, feeling, perhaps concluding, that stealth and concealment is no longer necessary and, in fact, is no longer possible.Consider the circumstances surrounding the prosecution—more to the point, the persecution—of a young American Patriot, Kyle Rittenhouse. Here is a man who sought merely to protect a small corner of society from destruction; such instability, and violence, and destruction that the Neoliberal Globalist Billionaires and Neo-Marxist internationalist Obstructors and Corrupters of our society concocted, funded, organized, and promoted; and then, through command of their "attack dogs," an assortment of dangerous, fanatical, and deranged agitators, unleashed on American society to create fear, and chaos. And, of course, the Kenosha police stood on the sidelines, but they did so because they wanted to let radical Marxist psychopaths tear down the City?  No! Their training and instincts would be to protect the City and its residents from riots spawned by the Government lackeys of the Neoliberal Globalists and Neo-Marxist puppet masters who needed a pretext for a controlled political riot, consistent with their aim to destabilize society and to demoralize the polity. Fox News laid this all out. See Fox News Commentator, Tucker Carlson, explaining the circumstances that led to the riot in Kenosha, Wisconsin, in the news account titled, "Tucker Carlson: Why did the people in charge let Kenosha be destroyed?" The news story was published on November 17, 2021.Carlson says, in pertinent part:“So it's worth pausing for a moment to ask, how did we get here? Well, here's one summary that caught our eye. Today, a Hill staffer called Billy Gribbin summed it up in the following way, 'We're waiting to see if riots break out because of media lies about a case from a riot that happened because of media lies.'Well, that's nicely put and it's totally true. The August 2020 riot in Kenosha wasn't really a riot in the way that we understand riots. It was an outbreak of political violence. It began three days after the Democratic convention. That was the context for it. It was, in fact, one of many riots that summer across the country, all of which were explicitly supported by the leadership of the Democratic Party. We're not making this up. Look it up. What was the point of these riots? Big picture, the point was to unseat Donald Trump. In the specific case of Kenosha, we know exactly the chain of events that led to where we are today. A man called Jacob Blake was shot by the police. Immediately, the media and the Democratic politicians they serve lied about what happened. So they told us that a cop shot Jacob Blake in the back for no apparent reason – and by the way, Jacob Blake was unarmed, he was helpless, they just pulled him out of a lineup and shot him because that's what America is like.Based on the first false stories from the news media told intentionally, our leaders suggested that these riots in Kenosha were somehow justified and then allowed them to continue. So this is what Kenosha looked like the night that Kyle Rittenhouse arrived to help defend local businesses. You can't allow that because if you do allow that, people get killed – as they did. But local police, you should know, did virtually nothing to stop any of the things you just saw. From the very top of the power structure, the state of Wisconsin, the word was let it happen. Various scenes of vandalism, looting, arson and riotingWell that's not a civil rights protest, that's not people fighting back against oppression, systemic racism. That's just people destroying things they didn't build. That's people wrecking our civilization. In no normal country would that be allowed, it would be put down immediately with force. That's why we have police. “The governor of Wisconsin, Tony Evers, turned down an offer from Washington to send federal officers in order to help get Kenosha under control, to save the city. That was a shockingly irresponsible decision, it was an immoral decision. But Tony Evers still defends it, 'I have no regrets.'” Really? That's because he doesn't live in Kenosha. Downtown Kenosha burned. It will never be rebuilt. Talk about a city that doesn't deserve any of this. Kenosha is just a town of 100,000 people, many of them Hispanic, if that even matters. But it's true, they're not rich people who live there.Kenosha is far past its prime. It was part of the industrial base that built this country that built the modern world. Now it's suffering even more than it was before the riots because a bunch of entitled antisocial lunatics broke things for no reason. Because our leaders allowed them. A city official estimates the damage from last summer's riots at about $50 million. That's a lot in Kenosha, in fact it's about more than half the entire municipal budget for the city of Kenosha.”  Only Fox News bothered to delve into the circumstances of the riot. The seditious legacy Press, on the other hand, The New York Times, the Washington Post, the Los Angeles Times, along with major Cable News organizations including CNN and MSNBC never did bother to ask why the Police had allowed rampant disorder to occur in Kenosha, Wisconsin. It wasn't the fault of the police. The fault rests solely on the State Government and specifically on the Governor, who, after the fact, brazenly. incomprehensibly asserted that he has 'no regrets.'The Governor of Wisconsin, Tony Evers, a Democrat, ordered the police to stand down and refrained from accepting assistance that the Government in Washington, D.C.,Evers not only allowed a City in Wisconsin to burn and allowed residents of the City to be terrorized. He condoned it. In fact, he enabled it. He wanted this to happen.A rational person must therefore conclude that it wasn't mere incompetence that led to the destruction of a City. It was a deliberate act on the part of Government to allow for this; to enable this; to want this to happen, as Governor Evers was aware of the imminence of the danger to citizens and to businesses in Kenosha.So, it was left to an armed citizen to take upon himself the responsibility that the police, whose duty, and obligation it was to preserve and protect public order in the community, had instead consciously, deleteriously, and unconscionably relinquished, surrendering meekly, abjectly to a psychopathic and psychotic mob.For his troubles—this American Horatius, guarding "The Bridge" in Kenosha, Wisconsin—Kyle Rittenhouse, was charged with several felony counts; the most serious involved his shooting of the psychotic animal, Joseph Rosenbaum. Video evidence alone made clear beyond a reasonable doubt to the public and to the jurors who sat in judgment of Kyle's actions, a case for justifiable homicide, grounded on the legal right of self-defense—a long held in law and well-recognized—defense to threat against one's life, and an absolute defense, when the individual asserting the right is not the aggressor. And, despite the imbecilic prosecution of Kyle in which the prosecutors sought to treat Kyle, inter alia, as the aggressor, rather than the victim, the jury saw through the prosecution's ruse and wouldn't buy into it. The incident occurred back in 2020.Yet, the puppet-masters demanded the head of Kyle Rittenhouse because Rosenbaum and others were, consciously or not, tearing down the fabric of American society in furtherance of the nightmarish Soros/Rothschild goal to destroy the Nation. For, once that was accomplished, the remains of the United States may be merged effortlessly and seamlessly into a greater neoliberal international world order a.k.a. new world order a.k.a. the Soros “Open Society.” The puppet-masters had to make an example of Kyle Rittenhouse. When the puppet-masters order the destruction of Towns and Cities in America, those who attempt to defend against the destruction of those American Towns and Cities are the criminals—not the psychopathic and psychotic destroyers of the Towns and Cities—for they are the tools of the Neoliberal Globalists and Neo-Marxist puppet-masters, doing the bidding of them and for them. None of those rioters were ever charged with a crime, and Wisconsin' s Governor was never called out for greasing the skids, enabling for the riot to happen. Only Kyle Rittenhouse was charged with a crime: several crimes, in fact, including the worst of crimes: murder. Defense of self against psychotics and psychopaths intent on killing one count for nothing against a charge of murder, when those psychopaths and psychotics are working on behalf of Government, that itself is the progenitor of destruction of America. It is a topsy-turvy Country, indeed, that we live in when it is innocent 21st Century American Patriots that are the one treated as the scourge of society, rather than the actual would-be destroyers of it.Fortunately, for both Kyle Rittenhouse and for the rest of us, a jury of his peers did not buy into the moronic insult. The jury realized the right of armed self-defense for them, no less than for the man on trial, realizing that all Americans were on trial here. The message is plain: self-defense is not considered a legal defense against a charge of homicide when the perpetrators of violence and the aggressors in a confrontation are treated as the non-aggressive victims, and the true victim is, himself, treated as the violent aggressor.The incident here occurred in 2020. The trial—itself a travesty—demanded by the Neoliberal Globalist puppet-masters—should never have taken place and would never have taken place if the rotten weeds that Soros had planted at the local and regional levels had not taken root. See Arbalest Quarrel article on the Kyle Rittenhouse case, published on November 19, 2021.More recently, an innocent man, a naturalized citizen from the Dominican Republic, Jose Alba, was immediately arrested for killing a vicious predator, a creature with a lengthy rap sheet, Austin Simon.Alba, like Rittenhouse, had successfully defended his life against predatory attack from an unrepentant, serial criminal. See, e.g., article in the New York Post. For his trouble, having had the audacity to defend himself against a psychopath and surviving the vicious attack, found himself, oddly and absurdly, on Riker’s Island, courtesy of a Soros backed and funded prosecutor, Alvin Bragg, Manhattan District Attorney.One cannot but wonder: if the tables were turned, and the psychopath, Austin Simon had killed Jose Alba, would Bragg have sent Simon immediately to Rikers Island? Judging by Bragg’s performance to date, protecting predators, which would never have happened. See article titled, “Self-defense is Now Murder,” in the Daily Sentinel.See also Tucker Carlson’s news coverage and video on Fox News.Bragg’s audacious attack on a citizen who defended himself with a knife makes patently clear that the incessant attack by the legacy Press, by the Democrat Party-controlled Congress, and by the Harris-Biden Administration about “guns” isn’t really about guns at all. The public is recognizing an assault on the natural law right of self-defense itself against predatory man, predatory beast, and, most importantly—for survival of a free Republic—predatory Government. If a man has a lawful, Constitutional right to repel tyranny, that fact vindicates the right of self-defense. But a tyrant can never allow for that, hence the attack on the natural law right of self-defense.Had Alba defended his life with a firearm, rather than a knife, the Manhattan DA’s handling of the case would not have been different. But Bragg and the Press would have inserted the issue of guns into the narrative if they could. In the Alba case, they couldn’t do that, even though in some instances, the seditious legacy Press does interject discussion of guns even if doing so is discordant.But the fact that an instance of self-defense occurred, via knife, and not a firearm in this instance is telling. It points to the fact that Government, be it Federal, State, or municipal—when under the thumb of the ultra-wealthy and powerful Neoliberal Globalists and wild and rabid Neo-Marxists, in league with the Globalists, as they happen to share the common goal of dismantling a free Republic—does not recognize the sanctity of Selfhood, the right of a person to be free from Government intrusion on one's autonomy of Personhood. What better evidence of this invasive, arrogant assault on the inviolability of body, mind, spirit, and soul, than for Government to usurp for itself an individual's natural law right of personal defense and doing so without reference to firearms as a factor in the story's telling. Might the Press not wish to talk now about banning knives? Great Britain has done so because the Nation has already banned guns; so, the next weapon to ban from the commonalty, lest the common people have the mind to rebel against tyranny, must need be the "knife." See article by Thomas Xavier, writing about UK Knife prohibitions and restrictions, citing to the UK website, reciting UK "Knife laws", a draconian over-the-top response—but, more likely, simply a pretext—to "rising knife crime" in the UK.So, knives are the next in a natural progression to keep the public defenseless and fearful in the UK and, just as likely in the U.S. down the road as well, if or when guns are banned. This would require the American public to look only to the Government for succor and safety—succor and safety that is always in short supply in Government and doled out sparingly, in major part to keep the public in a constant state of fear and tension. It isn't a pleasant scenario for the British, and certainly would not be a pleasant scenario for Americans. Neither a ban on guns nor knives should a Country, namely the U.S., conceived in freedom and liberty, wish to emulate of the British subject. But we are moving inexorably and rapidly in that horrible direction. The actions of the Soros installed Alvin Bragg as Manhattan District Attorney, in audaciously arresting Jose Alba, and initially charging him with murder for defending himself against a threat to his life by a psychopathic serial criminal— and the bizarre Courtroom arguments of Kenosha County District Attorney, Thomas Binger, charging Kyle Rittenhouse with serious felonies, including, inter alia, first degree intentional homicide and first degree reckless homicide and prosecuting him for those crimes, despite incontrovertible video evidence supporting a finding of justifiable homicide on the basis of self-defense—are scenarios both pointing to a disturbing development and trend  in our Nation's jurisprudence.Americans are witnessing confounding but irrefutable evidence of Government antipathy toward the sanctity and inviolability of one's Selfhood—too prevalent and too conspicuous to ignore or to perfunctorily dismiss.The recognition that the State doesn't recognize one's natural law right of self-defense logically entails the proposition that the State no longer recognizes and will not acknowledge that one's life is truly one's own. The actions of the Kenosha and Manhattan District Attorneys point to this outrageous and deeply troubling revision of centuries of American jurisprudence and clear renunciation of the central tenet of the Bill of Rights: In America, one's life belongs to the State by tacit State edict, not to oneself, by grace of the Divine Creator. This means that it is the State, and the State alone, not the individual who decides whether one lives or dies; whether one has a right to life or not; and whether the taking of the life of another is to be declared lawful or not. Thus, the Biden Administration that would at once deny an American citizen's right to use a firearm in one's own defense and would, simultaneously, declare that it is the will of the State to decree whether an unborn child has the right to life, substituting its will for that of the Divine Creator. These are incredibly obtuse and pompous ideas.The Rittenhouse case in Kenosha, Wisconsin takes on clarity and renewed importance in view of the recent Jose Alba case, in New York City. The Alba case in the news draws a narrow focus on self-defense sans guns. The issue transcends the matter of armed self-defense, which is subsumed in the more general God-Given Right of Self-Defense itself. The issue of "Right-to-Life" be it the unborn child or the right of one born are equivalents: THE RIGHT TO BE. The core natural law right and legitimacy of self-defense, THE RIGHT TO SURVIVE IN BODY, MIND, AND SPIRIT, is at stake, irrespective of the means. The State/Government has fixated on firearms only because the State/Government as the ultimate, dangerous predator recognizes that it is most threatened itself by the armed citizenry. Unarmed individuals pose little threat to THE TYRANT. Numbers by themselves are of little concern to a Tyrant State/Government backed by a massive standing army, equally massive paramilitary police force, a massive intelligence apparatus, and a massive propaganda/media organ. But one hundred million well-armed citizens pose a clear and present danger to the Tyrant' power and control over the citizenry. This explains the constant media attention spent not only on the armed citizenry but on the nature of the firearms, component parts of firearms, and the kinds and extent of the ammunition held by that armed citizenry. There is constant gibberish over "assault weapons," "weapons of war," "large-capacity magazines," 50 caliber ammunition, armor-piercing ammunition, suppressors, body-armor—anything and everything that the State/Government infers to pose an imminent and existential threat to its own vast power and control over the citizenry. Yet, one should stop and think for a minute that the framers of the Constitution intended the armed citizen to be equipped with personnel "weapons of war" precisely to operate as a counterweight to the State/Government precisely because of the tendency of the State/Government to usurp the sovereignty of the American people and become the master rather than the servant of the people. A free Constitutional Republic has nothing to fear from its citizens. A Tyrant, on the other hand, has everything to fear from its citizens, as well it should fear its citizens, in that eventuality.Is it coincidence this present Federal Government has taken a much more concerted stance against the right of the people to keep and bear arms of late? Should the public not prick up its ears at this disturbing series of Government bravado and action?The aim of the Neo-Marxist and Neoliberal Globalist push to destroy the Nation from within is insidiously directed to rendering the citizenry helpless while the forces that crush, plot and machinate to devastate the economy, mock America’s Christian faith, and promote societal decay. But total societal collapse cannot occur and will not occur so long as Americans remained armed and armed to the hilt. That is our winning hand: a royal straight flush. And the would-be destroyers of a free Republic know this. A truly free Constitutional Republic as the framers of the Constitution had designed for us need not fear its armed citizenry. In fact, the Federal Government should welcome it, take pride in it. The fact that it does not and openly fears this armed citizenry should tell the citizenry much of where this Government intends to take us. And it is not a good place.The Majority of the U.S. Supreme Court is aware of the dire state of our Republic, and it intends to remind Congress and the Biden Administration and the Corruptors of our Nation that the American people are still sovereign over their Nation and over this Government, and they intend to remain so. The Government and the Neoliberal Globalists and Neo-Marxist internationalists don't want to hear this and they are pushing back, they are pushing back hard; doubling down on their efforts to consolidate as much power as they can prior to the November Midterm elections to weaken a Republican Party sweep of Congress.So it is that, even as the right of the people to keep and bear arms gains support through most members of the U.S. Supreme Court, the pawns of the puppet-masters will continue to thwart the citizen’s right to keep and bear arms as long as they can to the extent that they can.One of the puppets, New York Governor Hochul, has made plain that she doesn’t give a damn about the U.S. Supreme Court ruling in Bruen. In fact, New York’s recent enactment of amendments to its concealed handgun carry license structure set forth in Penal Code Section 400.00 now makes it even more difficult to obtain a concealed handgun carry license than before the Bruen ruling.The Governor’s defiance and that of the New York State Legislature in Albany is so blatant, so arrogant, so odious, so all-encompassing as to draw incredulity but for the fact that it is not merely rumor or extravagant musing. It is all etched in stone—and we lay all of that out for you in our next few articles.____________________________________Copyright © 2022 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.         

REMEMBRANCE FOR THE FOURTH OF JULY HOLIDAY 2022

REMEMBRANCE FOR THE FOURTH OF JULY HOLIDAY 2022Every year, on the Fourth of July, Americans take a day off from work to relax and to enjoy an evening of hot dogs, hamburgers, cold brews, and fireworks.But how many Americans recall—or for that matter, how many Americans, especially among the younger generations have even learned—the reason for our commemoration of the Fourth Day of July, every year; the reason for our celebration of it?In this era that sees the creation of a plethora of inane new Holidays that kowtow to the dogma of American Collectivism and “Wokeness” many seek, insidiously, to replace our truly noteworthy Holidays, of which three, The Fourth of July Holiday, Memorial Day, and Veterans Day stand apart as most significant. Consider how Neo-Marxists have co-opted and befouled Columbus Day for their own use. It is now, through proclamation by Joe Biden, to henceforth be referred to and celebrated as “Indigenous Peoples Day.” Thank you very much, Joe!And we see the insinuation of Holidays that celebrate Neo-Marxist “Wokeness” such as “Juneteenth Independence Day,” which undermines, as it was no doubt intended to do, the importance of our Nation’s one true “Independence Day” Holiday. Even the name, “Juneteenth” sounds ludicrous.The creators and promoters of this new “Juneteenth Independence Day” Holiday intended to use it to slither around and into the Nation’s July fourth “Independence Day” Holiday.But the Fourth of July is sacred. It serves as commemoration for the Birth of a Great Nation, conceived in freedom and liberty and for those Americans, the First Patriots, who are remembered for their courage and sacrifices without which our Nation would have never come to be.  It is for these reasons we celebrate every Fourth Day of July.What, on the other hand, Juneteenth celebrates is anyone's guess, but it has nothing whatsoever to do with the Birth and preservation of a free Constitutional Republic. If one were to hazard a guess Juneteenth celebrates the repudiation of the Birth of our Nation. It seeks to go back to a time before our Nation's Birth and to abort the infant.The American Revolution against Tyranny arguably commenced on April 15, 1775, just over one year before the signing of the Declaration of Independence on July 4, 1776, when the British “Redcoats” and the colonist “Minutemen” exchanged gun fire for the first time. The first major battle, the Battle of Bunker Hill,” took place on June 17, 1775.Some may argue the American Revolution effectively ended with the entrapment of the British Army on Virginia's Yorktown peninsula in 1781, which forced General Cornwallis to surrender to a joint force of American and French troops. Many would argue that the American Revolution officially ended with ratification of the Paris Treaty, on September 3, 1783 when the original 13 States gained their independence from British Tyranny. See Timeline.But a few might ask, did the American Revolution ever truly end? And, we do wonder, especially in this era of incessant, insidious, and noxious attacks on our Nation, on its history, heritage, and culture, on its people, on its Constitution, and on Christianity, the ethical, moral basis of the Nation.Consider the slippery, slimy, sludgy way the legacy Press defiles the Fourth—much worse than simply calling for the abolishment of the Holiday because it doesn’t comply with historical Critical Race Theory revisionists, whose poison has infected the curricula of grade schools and high schools across the Country.Consider an Op-Ed that appeared last month in the seditious New York Times: “Let’s Have a New Gun Law for Independence Day.”So reads the title of an Op-Ed, by Gail Collins, a regular columnist for The New York Times. The Op-Ed appeared on June 16, 2022.The irony in the title and in the content of the recent NY Times article is lost on its author. Collins, an anti-Second Amendment fanatic, judging from both the content and tone of her articles about guns in America, cannot appreciate the oddity and absurdity of juxtaposing gun control legislation with our Fourth of July Holiday.But for the well-armed American colonists, the first American Patriots, we would not have a Country that ensures the very freedom and liberty that Gail Collins and others of like kind, incessantly, and vociferously, and sanctimoniously disparage and debase.Our Nation’s Founding Document, the “Declaration of Independence,” signed by the Country’s first Representatives on that momentous, pivotal Fourth day of July 1776, set forth the natural law right of free men to overthrow the tyranny of Government. That required a well-armed people—the very thing Collins seeks to destroy.That Eighteenth Century Tyrant, the British Empire, under the titular head George III, the reigning monarch, along with the financial, and actual head of the British Empire, the Central Bank of England—run by the immensely wealthy and ruthlessly covetous Rothschild Clan—were a mighty Foe.George III is long since dead. But the effete and decadent monarchy, a relic long shorn of true power yet allowed to continue as an emblem of and living embodiment of extravagant Rothschild wealth, is much alive.The Rothschild Banking Dynasty is intent on taking back control of the American colonies lost to it in the American Revolution that commenced in 1775, one year after drafting and signing of the Declaration of Independence. And newspapers like The New York Times, and its regular columnists, are helping the Neo-Marxist and Neoliberal Globalist overseers do just that. In fact they are agents of these overseers.Our Nation’s Fourth of July Holiday operates as a constant and a bitter-tasting reminder to the Rothschild Clan of what they lost to a ragtag band of colonialist malcontents, who, through stoutness of heart, strength of will, and force of arms defeated the British military, successfully throwing off the yoke of a mighty Tyrant.In her NY Times Op-Ed, Gail Collins, through her call for the erosion of the fundamental, unalienable natural law Right codified in the Second Amendment has, wittingly or not, attacked the very foundation of a free Republic and a sovereign people: the armed citizenry. Collins’ article is perverse, a defilement of a sacred Holiday.Collins starts off her article with this——“The Fourth of July is coming, and if all goes well — crossing many fingers — before Congress leaves town to celebrate, the House and Senate will have passed the first substantial gun safety legislation in nearly 30 years.Yeah, the last big reform was in 1994.”And, Collins ends her article with this——“There’s a lot of territory to cover before we get to anyplace sane on the gun front. To anyplace near where surveys tell us the American people would like to go. But it’d be nice if, on July 4, we could celebrate with more fireworks and less gunfire.”What “Americans” are you referring to Gail?  You haven’t begun to see gunfire and what that looks like from 100 million American Patriots—if the present Tyrant attempts to confiscate our firearms.”The Arbalest Quarrel has constantly warned of the need for all Americans to remain vigilant to and armed against the dangers posed by the Destructors and Obstructors of a free Republic and a free and sovereign people. America’s enemies are everywhere, in every institution, in every business sector.Well, Collins got her wish.CBS News reported a while back:“The House on Friday approved bipartisan gun legislation that was overwhelmingly approved by the Senate late the night before, sending it to President Biden for his signature. It marks the most significant update to the nation's gun laws in nearly three decades.The bill, called The Bipartisan Safer Communities Act, passed the lower chamber by a vote of 234-193, with 14 Republicans joining all the Democrats.House Speaker Nancy Pelosi read the vote tally after it concluded to applause from the members of Congress on the floor.Congress applauds the disembowelment of our Country? And then there is the Grand Harlequin in Chief, Joe Biden who signed the damned thing. The Washington Times Reports:“President Biden on Saturday signed into law the nation’s first new gun control bill in decades, one day after Congress passed the legislation marking a huge victory for Democrats. ‘This is a monumental day,’ Mr. Biden said during a brief signing ceremony at the White House. ‘This is a time, when it seems impossible to get anything done in Washington, we are doing something consequential.’”Is there any greater proof of tyranny existent and thriving in “our” Federal Government to see The Executive Branch of the Federal Government, along with the Legislative Branch, cheering and extolling actions directed to the dissolution of America's armed citizenry?The Fourth of July celebration, at its core, really stands as a renewal of faith in the Nation’s armed citizenry, the very thing the Nation's Obstructors and Destructors seek to abolish.If not for America's armed Patriots, back then, our free Constitutional Republic would never have existed. And but for the preservation of the Nation’s armed Patriots, today, a free Constitutional Republic will not, cannot continue to exist.NY Times’ Gail Collins’ Independence Day article does not constitute a tribute to the memory of America’s First Patriots. And the recent Anti-Second Amendment bill, now signed into law by Democrats and feckless Republicans, amounts to the renunciation of our Nation as a free Constitutional Republic and of the indomitable spirit of those First Patriots.The Government and the Press make a mockery of our Nation's first Patriots, and all in the name of present-day Neo-Marxist “wokeness.”The Arbalest Quarrel warned of this. At the start of our Independence Day tribute of 2020, we wrote,“Dear Fellow Americans,As we approach the celebration on Independence Day this coming July 4th weekend, we should think about the significance of the War that was fought against tyranny and the sacrifices that were made to give us a Nation unlike any other; one conceived in liberty. We should give thanks to our founders, and give serious thought to where we are today, and how we see ourselves tomorrow. . .  this Country can hardly be in a celebratory spirit, as the very words, ‘nationalism’ and ‘patriotism’ are treated like obscenities.”We witness two-legged predators laying waste the Land, destroying property, intimidating innocent Americans, causing bedlam and mayhem. The police, under fire, are ordered to stand down. Government cowers. Law and Order breaks down everywhere. The seditious Press and Radical Left members of Congress, along with Radical Left State Governors and City Mayors give their blessing to the perpetrators of this violence.”  The title of our Fourth of July 2020 tribute qua warning, was: AN “Important Message to All Americans on Independence Day 2020.”And, for our Independence Day Tribute in 2021, we wrote in pertinent part,“. . .as Independence Day 2021 also looms, the Marxist Democrat leadership is loath to disparage it outright, at least for the moment. But will the Independence Day Holiday remain free from Marxist Democrat defilement; will it exist next year if only because it comes prior to the 2022 midterm elections; and, if so, will it then exist the year after if the Marxist Democrats prevail, after the midterm elections, thereby maintaining their majority in Congress? The answer is, ‘not likely,’ at least not in the sense that Independence Day will thereafter have any true import, for it will no longer retain its cherished historical meaning as a Holiday of Remembrance. The Holiday, if it continues to exist, would exist, only, if at all, as a caricature of what it once represented, a pale, fleeting distant memory, a memory for some, for a while, perhaps, of what it once represented; its import and purport eventually disappearing from memory forever because the Neo-Marxist/Globalist Counterrevolution to the American Revolution of 1776 would have succeeded.America’s Neo-Marxists and Neoliberal Globalists must annihilate the Fourth of July Holiday because it operates each year, every year, as recognition of and a defiant expression of Patriots who rallied, on July 4, 1776 against the tyrannical Government of Great Britain’s George III and against the power behind the throne—the Bank of Rothschild.The title of that article is, “Marxists Seek To Disarm Citizens, Eliminate All National Holidays, Monuments, And The Nation’s Flag!”We followed up that July 2021 article with one in November 2021. We began by referencing what we had written apropos of our 2020 tribute, asking,“Has anything changed, almost seventeen months later? Yes, the threat to our Nation has only grown more dire.The Trotting Horse of American Marxism and Neoliberal Globalism is now running at full gallop. It is charging directly toward a formidable defense to be sure—the Bill of Rights. But it is determined to break through, destroying the Constitution of the United States, annihilating a free Republic, subjugating a free and sovereign people.” The title of that article was, “The Right To Dissent And The Right To Dissent And The Right To Bear Arms Are A Bulwark Against Tyranny.”Back in 2021 we were less secure than we were in 2020. And now, in 2022, we are even less secure than we were in 2021. The Neo-Marxist and Neoliberal Globalist captains and lieutenants and foot soldiers of the Rothschild-Soros gang have conquered back everything they had lost from the years that President Trump had tried—and accomplished to his credit, under great odds—much of his goal to make American Great Again. But, with the puppet-masters’ lackeys in firm control of two Branches of Government, and with their eye on undermining the Third, and with their control over most of the Press, media, Academia, and over much of Corporate America, the American citizenry has never stood closer to utter ruin than now. Americans are witnessing the collapse of their Republic, the loss of their sovereignty over Government, and the further erosion of their most cherished and sacred Rights and Liberties with each passing day.Americans are in danger of losing everything vital to the maintenance of the last bastion of freedom—the United States—in a world awash in misery stemming from tyranny of government.The U.S. Supreme Court did provide us Americans with a reprieve in Bruen, by reaffirming the right of the people to keep and bear arms. But that will not be enough. America’s true Patriots must reaffirm that sacred right at each moment as they take a breath of air.Keep your arms and ammunition always close at hand. The Tyrant is knocking at your door!____________________________________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  

THE SOLUTION TO MASS SHOOTINGS IS THE ARMED CITIZEN

ANTIGUN RHETORIC WON’T STOP VIOLENT CRIME; IT ONLY ENCOURAGES IT

It never takes long for Joe Biden, the symbol and embodiment of Democrat-Party incompetence and irascibility, to launch into tiresome tirades over guns. On May 24, the same day a lunatic went on a rampage at an elementary school 80 miles Southwest of San Antonio, the puppet masters’ propagandists drafted up a speech for Biden to deliver to the Nation. Reuters reported his words:“‘As a nation, we have to ask, ‘When in God’s name are we going to stand up to the gun lobby?’ Biden said on national television, suggesting reinstating a U.S. ban on assault-style weapons and other ‘common sense gun laws.’ . . . ‘I hoped when I became president I would not have to do this, again,’ a visibly shaken Biden said, decrying the death of ‘beautiful, innocent’ second, third and fourth graders in ‘another massacre.’”Pay close attention to the buzzwords:

• ‘Gun Lobby’
• ‘Assault weapons’
• ‘Common sense gun laws’

Also consider what’s missing in Biden’s speech. There’s no mention, explicit or tacit, of effective school security measures that, had they been implemented, would have surely blunted the attack.The killer simply walked into the school, into a classroom, and commenced shooting. Had not a police officer arrived quickly on the scene, killing the attacker, many more innocent children and teachers would likely have been injured or killed. See, e.g., KHOU local news report.  Did Biden’s handlers inform him the shooter had simply walked into an unguarded, unlocked school? If not, did Biden bother to ask how the shooter could gain easy access to a school after incidents like this had happened in Schools in the past? Likely not.Biden receives his speech and dutifully recites his lines as best he can, in his debilitated physical and mental state.Still, one would think the matter of school safety and security would have warranted at least some mention after the incident at Sandy Hook Elementary School in Newtown, Connecticut, in 2012, and would have seen rapid implementation certainly after the subsequent major shooting incident at Marjory Stoneman Douglas High School in Parkland, Florida, in 2018.Yet, the need for school security is routinely ignored by the present Administration and by the Democrat-Party-controlled Congress and by Democrat-Party-controlled jurisdictions across the Country.But the public does hear often and vociferously that guns are to be blamed; that there are too many of them in the Country; that the Country needs more antigun laws; and that good Americans should rage, and rage some more, over the prevalence of guns in the Country, and over those Americans who insist on possessing “assault weapons.”It is curious, though, the public hears little if any news about infants and toddlers, mostly black, who happen to be caught in crossfires as criminal gangs engage in shootouts in City streets, across America, on a regular basis.But the answer to shootings in schools, or on the city streets, or in shopping malls, or in stores isn’t to be found in getting rid of so-called “assault weapons” in the hands of millions of citizens. And appealing to raw emotion does nothing positive. It only breeds ill-will in the citizenry and demonstrates the contempt Anti-Second Amendment politicians and the Press hold the American public in.The answer to shooting incidents in the schools and to incidents of violent crime elsewhere in the Nation are to be found, first and foremost, in the armed citizenry. But that idea is anathema to the present Administration, and to a Democrat Party-controlled Congress, and to Democrat-controlled jurisdictions around the Country.They refuse to acknowledge that armed citizens would blunt mass shootings and would end violent crime spikes.The Arbalest Quarrel has written extensively on this. In respect to the school shooting incident in Florida, we said,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.” The police cannot be everywhere at once. In fact, in this post-George Floyd era, with incessant calls for constraining police, preventing them from protecting their communities, the need for well-trained, astute armed citizens is more urgent and acute. But the public never sees that; never hears that. Instead, Anti-Second Amendment politicians, Anti-Second Amendment policy and political action groups, the Press, and most cable and broadcast TV news networks simply reiterate the same tiresome clichés.They talk incessantly about the need for more “commonsense gun laws.” By that they mean de facto repeal of the Second Amendment.They talk persistently and perniciously about the need to curb civilian-citizen ownership and possession of “assault weapons.” By that they mean a ban on semiautomatic handguns, rifles, and shotguns, across the board, and anything else they can shoehorn under that nebulous descriptor, such as revolving shotguns, and 50 caliber revolvers.And they go on endlessly about the “gun lobby.” And by that they mean any pro-Second Amendment gun Group which, by extension, means millions of average, law-abiding citizens who exercise and cherish the fundamental, unalienable right to keep and bear arms.One doesn’t hear, though, of mass shootings at airports, or in Government buildings, or in schools across the nation where  hardened security measures have been implemented, including armed security officers.But, even if the Federal Government could lockdown the entire Country through implementation of massive military and police presence, Americans would never agree to that; nor should they. That isn’t our Nation’s mindset.Most Americans would not willingly trade away their liberty for a modicum of security. Absence of freedom and liberty is not to be found in our Nation’s history, heritage, traditions, culture, or character. Freedom and liberty runs through and is the cornerstone of all of it.Freedom and liberty is what defines us as Americans. It is part and parcel of our makeup; our identity. Americans would never agree to nor tolerate life in a Country under a constant state of siege. The ostensible cure would be worse than the disease.Stringent control over guns and a population under constant surveillance, as evidenced in China or Singapore, is repugnant to Americans.Yet, even as our Nation moves in the direction of oppression—as Americans’ thoughts are censored, their actions monitored, their privacy invaded—as the surveillance State takes hold and tyranny becomes more evident and prevalent, criminal violence isn’t tapering off. It’s getting worse.And spikes in crime are most evident in Democrat-controlled Cities such as New York, Chicago, San Francisco, and L.A., and Philadelphia, PA.Yet it is these Cities with the highest incidences of crime in the Nation that have enacted some of the most restrictive gun laws in the Nation.These Cities are lenient toward psychopathic criminals on the one hand, and brain-addled lunatics and illegal aliens, on the other. The former have no regard for the law even if they do understand it; and the latter, lacking all comprehension of the law, cannot possibly have regard for it.So, unlike China and Singapore—two Countries that can at least boast of relief from most violent crime—we in the United States under the domination of Democrats have not relief from violent crime even as the citizenry sees systematic erosion of its God-Given rights. The net result is that we have neither security nor liberty.But even as we Americans presently have neither, the pertinent question is this: why can’t Americans have both security and liberty?The idea, thrust on Americans by the Government, that you can have one or the other but not both is a false dichotomy. The two go together. In fact, the two are inextricably bound together.Armed Self-Defense—against insistent and persistent dangers wrought by predatory man, predatory creature, or the predatory Government—is the well-spring of security for preservation of the Republic and preservation of Self. That same right of Armed Self-Defense is also the preeminent and elemental foundation of Freedom and Liberty, upon which all other freedoms and liberty rest.If one is denied exercise of the right of armed self-defense, then preservation of both Self and Country is endangered, and one is not free. Any such “freedom” that one thinks he has or is told by others that he has, in the absence of exercise of the right to keep and bear arms, is illusory.Armed self-defense, necessary for both security of Self and “necessary for the security of a free State” is at one and the same time a basic liberty and natural law right and is codified as such in the Bill of Rights of the U.S. Constitution.Many of our Nation’s purported leaders don’t see the plain truth of this and, further, deny the fact of it; and too many rank and file Americans don’t see the truth either.And the pity of it is that the rest of us, the majority of us, who are not susceptible to the delusion fostered by Government and a seditious Press must suffer the consequences just the same.____________________________________Copyright © 2022 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved

CORRUPTION AND UNFAIRNESS PLAGUE THE NYPD LICENSE DIVISION

MULTI SERIES ON NEW YORK CITY MAYOR ERIC ADAMS AND ON PROBLEMS ATTENDANT TO NEW YORK CITY'S CONCEALED HANDGUN CARRY SCHEMA

PART FOUR

New York City’s handgun licensing rules are bloated and absurd as written and adopted, and are arbitrary, capricious, and discriminatory in their application. This engenders abuse of discretion. Even worse, the City’s handgun licensing scheme has, in recent years, invited outright criminal corruption in those NYPD officers whose job it is to administer the licensing process.Stephen L. D’Andrilli, co-author of this article, co-founder of the Arbalest quarrel, and a decorated veteran police officer with the NYPD, pointed all this out when queried about the present licensing scheme in a 2016 CNN Money article, titled, “Only in New York: Bribing cops for a gun license.”The reporter, Aaron Smith, wrote in pertinent part:“Buying a gun in America can be an expensive ordeal. Or it can be cheap and easy. It depends on where you live.Bribing cops for gun licenses could only happen in a place like New York. In most other parts of the United States, licenses are not even required for handguns.‘New York City, as a major city in the U.S., is one of the most restrictive cities in the country concerning gun licensing laws,’ said retired police officer Stephen D'Andrilli, a former NYPD cop who is now a consultant for clients seeking handgun licenses.The licensing system is meant to filter out dangerous applicants, like those with a history of domestic violence. But D'Andrilli, who extolls the ‘utmost importance’ of the Second Amendment through his website the Arbalest Quarrel, said the restrictive laws of New York have created an environment that allows a black market to exist.‘What they're doing is they're creating a privilege for having a gun and licensing it and they're creating this prohibition style system where people are paying someone off to get a gun,’ he said.”The CNN report wasn’t the only piece on NYPD corruption in the License Division. The Daily News published, on April 25, 2016, an article by New York attorney and former NYPD Trial Commissioner, Arnold Kriss. The article is titled, “Massive questions behind the blue wall: We need an independent commission to probe NYPD.” Arnold Kriss said,“For the first time in over 60 years, top NYPD officials are accused of taking money and gifts for favors. Where this will go when the ship-jumping begins and the brass and others start talking to federal prosecutors — non-stop — is anyone’s guess.This is potentially department-shattering stuff.” And, one year to the day after the Daily News article came out, WSJ came out with its story on License Division corruption in an article titled, “Former NYPD Officers Face Federal Bribery Charges”: “Three ex-officers and a former Brooklyn prosecutor are accused of swapping gun licenses for cash, prostitutes, guns and more.In the scheme, so-called expediters, or individuals who charge clients to help them get gun-license approvals, bribed officers in the NYPD’s gun licensing division, according to prosecutors. These officers then approved or expedited more than 100 gun licenses, including for people with criminal histories, prosecutors said.”Outright criminal conduct in the NYPD License Division may have been cleaned up, yet serious problems attendant to the awarding of concealed handgun carry licenses in New York remain. These core problems can only be resolved through a massive restructuring and transformation of the entire concealed handgun NYPD licensing structure in the City.The task ahead is immensely difficult if not well-nigh impossible because the problems that beset the NYPD License Division are inextricably entwined in New York's historical landscape. New York City's present Mayor Eric Adams, isn't the man to take on the task, as he hasn't the will to do so. In fact, his sympathies rest with leaving matters as they are. Even as the City continues to burn, Eric Adams' message doesn't change when it comes to the issue of guns, for he continues to conflate criminal violence with gun violence. Back on January 24, 2022, the Mayor said, as reported by Fox News,“‘We are in the middle of a crisis with guns,’ said Manhattan District Attorney Alvin Bragg over the weekend. ‘You carry a gun in our city, there is no apology to you,’ Adams added.New York state and city have some of the most strict gun laws in the country, prohibiting most people in the state to openly carry, but Democratic leaders point to guns coming in from other states as a culprit behind the skyrocketing shootings.”One should take note that Adams doesn't draw a distinction between guns as carried by average, responsible, rational, law-abiding citizens for self-defense, and the lunatics and criminals who injure or kill innocent people, regardless of the means employed by these lunatics and criminals. Arming the citizen is not on his radar. From Mayor Adams'  perspective, the armed responsible, rational, law-abiding citizen is as much a threat to the well-being of the City as are the lunatics and psychopaths who prey upon them. The problem is that New York City is far removed from being a tranquil, idyllic paradise. It is a hell-scape. Everyone knows it. Certainly, the Mayor does. But he refuses even to consider the fact that arming tens of thousands of innocent people, who wish to take responsibility for their own life and well-being, as is their fundamental right, might succeed in securing for New Yorkers a truly safe environment that, to date, has stubbornly eluded and resisted remedying. The Mayor surely desires to reduce the plague of incessant violent crime that has gripped the City for years. Or does he? Is it just gross incompetence, or is it  a cultivated habit and predilection against guns that prevent him from trying something new, trying a new tactic that accounts for his failure to get a handle on violent crime that has a vise-grip on the City? Or is it something more alarming and disturbing that prevents him from relaxing the draconian standards that, to date, preclude the mass of average, responsible, rational, law-abiding citizens from securing, for him or herself, a concealed handgun carry license, enabling the citizen to lawfully purchase a handgun in New York, thereby providing the citizen with the means—the only truly effective means—by which that citizen can protect him or herself against violent, irrational, unprovoked, and random, predatory attack? Does Eric Adams have a latent or calculated desire to take an active role in destroying a free Constitutional Republic? And does that latent or calculated desire inform the Mayor's actions and the actions of political leaders like Eric Adams who seem to be incapable of providing for the welfare of the people of his City? Is the placement of Eric Adams in the Office of Mayor of New York City, by the perverse machinations of Neo-Marxist Internationalist Neoliberal Globalist elites, all by design?Is Eric Adams, not unlike the Chicago Mayor, Laurie Lightfoot, and myriad others, who, operating at the behest of creatures like George Soros, see the need for and who tolerate or who even encourage a complete breakdown of America's institutions and societal order that a new, seemingly better global order can take root and eventually supplant all western nation-states? And, to that end, is it not the armed citizen, rather than the armed and crazed criminal or lunatic that these Neo-Marxist Internationalists and Neoliberal Globalists perceive as the true problem? If that is the case, then lunatics, and psychopaths, and garden-variety criminals, and the tens of millions of illegal aliens looking for and promised free goodies at expense of the American taxpayer, and the well-funded, international drug and sex-trafficking cartels hopping into and out of the Nation's Southern Border, at will, all serve a purpose. It is these sordid elements that the Neo-Marxists and Neoliberal Globalists see as useful, even necessary tools—operating on their behalf, albeit unconsciously—to hasten the end of the United States as an independent sovereign Nation-State. And it is the armed American citizen whose presence—indeed, whose very existence—prevents the accomplishment of their goal, whom these ruthless forces that crush view as their one true, intractable and formidable foe. So it is that the message about guns and the tone, coming out of the Mayor and coming out of the tools like him, such as the current President of the United States, Joe Biden, are always the same. The explicit message is that it is guns that are bad; guns that are evil; guns that are the root cause of society's problems—that are the root cause of the Nation's problems. The tacit message is that it is guns in the hands of the citizenry that is the root cause of the Nation's woes; it is the armed citizen who is a danger to Nation and Country, and to “democracy.” And who are these armed citizens? It is those people—those Americans who seek to exercise the right codified in the Second Amendment to the U.S. Constitution. It is those people who pose a genuine threat, an insistent threat, to “democracy.” It is those political “conservatives,” those “white supremacists and racists,” those members of organized “militias”—in fact, any American who happens to hold to a vision of America as reflected in the Nation's Bill of Rights, who view our Nation as the founders of the Republic viewed it; who hold true to that vision, and who fervently desire to preserve the history, heritage, culture, values and core Christian ethos upon which a new Nation rose and rapidly became the most prosperous, powerful, and vigorous Nation on Earth. It is these people whom the hordes of Marxist internationalists and the Neoliberal Globalist “elites” abhor and fear. And it is guns wielded by tens of millions of average Americans that the Marxist internationalists and the Neoliberal Globalist “elites” must contend with, must constrain, must defeat so that the United States can be brought low, and the Nation's remains can be inserted into a new western international order, the “Open Society” that the Globalist kingpin, George Soros, has been entrusted to bring to fruition. But none of this is spoken about by the leaders, the flunkies, the placeholders of high Government Office. Instead, they deflect attention away from the campaign to systematically dismantle a free Republic and entrap and enslave tens of millions of Americans. The matter of Ukraine is a convenient vehicle to direct the American public's attention. Discussion of Ukraine serves that purpose, as it has nothing to do with us, Americans, but serves as a useful mechanism for the forces that crush, providing them with a made-to-order safety valve through which to vent and divert the public's justified attention and concerns over the fate of their Country. The forces that crush have successfully diverted public attention away from the Nation's economy, away from the systematic destruction of the Nation's institutions, away from the industrial scale corruption in Government and its failure to uphold the laws and Constitution of the Nation, and away from the usurpation of the sovereignty of the people over Government, that becomes more and more obvious with each passing day. But, the problem of guns in the hands of tens of millions of citizens remains an intolerable, insufferable problem for these Marxists/Globalists. And a different tack is employed to deal with that: continually attack guns and attack criminal violence through the use of guns. But, as for the criminal or lunatic or psychopath who is responsible for violent crime—that person gets a pass.And as for the issue of guns, the focus is on New York City—as a microcosm, a stand-in for the rest of urban America. It is guns, in the City, then, rather than the individual who misuses them that are responsible for criminal violence; not the sentient mind—not the criminals and lunatics and all the rest of the flotsam and jetsam that are agents of violence occurring throughout the City, who reasonably bear sole responsibility, sole responsibility for that violence. And, even there, the tale of woe in the City isn't about guns—not really. For if the creatures causing the mayhem in New York City and in other major urban areas around the Country are simply—albeit unconsciously—working at the behest of the Neo-Marxists and Neoliberal Globalist elites who seek to hasten the demise of a free Constitutional Republic, then talk about guns as THE problem is really nothing more than a makeweight; or perhaps, not even that. The issue of guns and so-called gun violence is itself simply a deflection. It is a distraction—a distraction away from a discussion of crime and away even from guns, and toward a discussion, tacit as it is, of the armed citizenry, and of the tens of millions of firearms in the hands of the armed citizenry. And, is it mere coincidence, that the Stooge in Chief, the corrupt, demented Joe Biden keeps coming back to the issue of guns, and to the need to curtail them, now especially, with the midterm elections steadily approaching, and with the Democrats/Marxists/Globalists concerned that they are about to lose their tenuous control of Congress?And Eric Adams, himself, may not really fathom the extent to which he, too, is but a useful tool of secretive, powerful, ruthless elements and interests, whose singular goal is the destruction of the most powerful symbol of true freedom and liberty still existent in the world: the United States, as a free Constitutional Republic. So, it is no accident that Eric Adams doesn't even suggest arming the innocent person to combat rampant, violent crime in the City. The whole object is to disarm that person. Better, it is, then—even as it is unstated—to accept the intractable violence. As this state of affairs benefits the Neo-Marxists and the Neoliberal Globalists and their agenda; better it is to accept intractable violence, even use it to advantage, so that citizens remain unarmed and those that are armed—disarm them by any means, legal or not, to effectuate that result. Thus, Eric Adams will not deign to allow innocent New York City residents and workers and visitors to the City, to defend themselves against increasing random violent crime, even as that alone would offer immediate respite for a tired, anxious City, from the mayhem—the “orchestrated” mayhem. But, at least New Yorkers can rest easy knowing that their illustrious Mayor is well protected even if they, themselves, are not. Protecting the Mayor from the orchestrated violence is the first and last order of business. New York residents and workers, and visitors to the City, don't factor into that equation.  As reported by Politico,“[t]he NYPD increased security for Eric Adams Tuesday [April 12, 2022], after complaints about the mayor surfaced on social media in the wake of the subway shooting that wounded 23 commuters. . . .Police Commissioner Keechant Sewell said from NYPD headquarters in Lower Manhattan, where she was joined by police brass and a representative from the FBI. ‘In an abundance of caution, we are tightening the mayor’s security detail.’ Sewell said the references to Adams, while not direct threats, were concerning enough to lead her to beef up the mayor’s security detail, which is currently overseen by his brother.”So, then, what does this report tell you: one, that, Mayor Adams' plan to tackle violent crime hasn't done a damn thing to curb violent crime one bit; two, that the Mayor's well-hyped plan for dealing with violent crime hasn't made a dent in it and, in fact, the City's violent crime only worsens; and, three, that the beefing up of the mayor's own security detail only serves to emphasize the horrific criminal violence, running rampant in the City—which, apparently, is a thing expected; tolerated; even welcomed—as it hastens the destruction of American society and the birth of a globalized slave community of billions of souls.So, the public shouldn't expect to see a paradigm shift in the City's tackling of violent crime; certainly not any time soon—and for the reason set forth above. The salient reason why violent crime in New York City will continue unabated is because that disruption of society is all calculated; it is all by design. It is in strict accordance with the Neo-Marxist/Neoliberal Globalist game plan: one that started with Bill Clinton; continued under the regimes of George Bush and Barack Obama; and would certainly have continued under a Hillary Clinton Presidency but for the unexpected loss to Donald Trump in 2016, who, despite incessant attempts to sabotage his Presidency and railroad him personally, actually and remarkably brought a measure of stability to the Country, at least for a time; but, then, Trump was cast aside by ruthless and powerful forces both inside and outside the Country. The Neo-Marxist/Neoliberal Globalist returned to its agenda, and made up for four years of lost time; continuing apace under the corrupt, effete, emotionally, and intellectually weak and demented Joe Biden—just the unbelievably ridiculous stooge the forces that crush needed and wanted to unravel Trump's accomplishments that served to strengthen and stabilize the Country on all major indicators of health: social, economic, and geopolitical.And, where is this Country now? Economically, socially, and geopolitically, the Country is weak; stagnant. It is in a state of precipitous decline, as intended.Now, more than ever, the Nation's citizenry must be attuned to the wreck of their Country. They must retain control of their weaponry. There may come a time in the not too distant future that the armed citizen will be all that's left to keep the Republic intact. But, as for Cities like New York, the armed citizen, a force otherwise to be reckoned with, will not be tolerated. Fortunately, New York City and several other jurisdictions are beyond the pale. It must be left to the U.S. Supreme Court—the last bastion of hope among the three Branches of the U.S. Government—to preserve the Republic. And the Court's handling of the Bruen case gives the Court ample opportunity. But, will the Justices be up to the task?The belief system of many people in major urban areas that are beset by uncommon violent crime is to reject out-of-hand, recourse to firearms in the hands of the commonalty. And, so, denizens of New York aren't going to see a transformation in attitudes or policies toward civilian citizen ownership. And Mayor Adams, for his part, will continue to reinforce, rather than change, the public's attitudes toward armed self-defense, even in the face of intractable violent crime. That must now be left to the U.S. Supreme Court. And that Branch of Government has also been under attack. The recent Senate confirmation of Ketanji Brown Jackson is a move in the wrong direction. Her methodology for reviewing cases, and her philosophical predilections are wholly distinct from that of Associate Justices Thomas, Alito, Amy Coney Barrett, and the late eminent Justice Antonin Scalia, and that jurisprudential philosophy is altogether inconsistent with the preservation of the U.S. Constitution as written, and, so, as conceived by the framers of it.  It is not expected that Brown will render an opinion on the Bruen case, as a decision on the case is expected in early summer. But, Justice Breyer intends to step down until the current term ends in late June or early July, as reported by Forbes. And that is cutting it close. The danger is that Breyer will leave prior to a decision being handed down in Bruen. Although neither Breyer's bizarre notion of the import of the Second Amendment nor the methodology employed in case analysis is expected to comprise part of the majority opinion if the Conservative wing holds firm, still his jurisprudential philosophy is a known quantity and will be reflected in his dissenting opinions which will comport with his dissenting opinions in Heller and McDonald. But dissenting opinions do have weight, and the analysis therein can be adopted in future case decisions if the liberal wing of the Court secures a majority. As an internationalist, a dissenting opinion in the Bruen case, composed by Ketanji Brown Jackson, is likely to be much more radical than one composed by Breyer. She is likely to imbue her views of guns and the Second Amendment from the standpoint of international law and international norms—that law and those norms fashioned by the United Nations and the EU, and thereby ignore or even refute the principle that High Court decisions involving natural law rights codified in the Bill of Rights—must adhere to the intent of the framers of the Bill of Rights which, means, then, the application of American norms, to case law analysis, and must not impose international norms on BOR analysis and decisions. More people like Ketanji Brown Jackson on the High Court will result in a radical contravention of U.S. Supreme Court case review. The Constitution, thus interpreted by international law and international norms standards, which are completely alien to us—that do not, for example, even recognize the right of the people to keep and bear arms as a fundamental, unalienable, eternal, immutable right—would invariably, irreparably damage and upend the Nation's Bill of Rights, upon which individual autonomy, individual liberty, and American sovereignty over the Government rests and upon which a free Constitutional Republic can only hope to survive.How, then, would Ketanji Brown Jackson rule in the Bruen case? One need only look at the presence of New York City's absurd and unconstitutional concealed handgun carry regime to get an inkling of Ketanji Brown Jackson's view of the Second Amendment Right, which she would defend, and which she, no less than the Mayor of New York City, himself, would refrain from ever tampering with.That bizarre mindset—alien to the philosophical underpinnings of our Nation as reflected in its Constitution, and particularly, in the Nation's Bill of Rights—won't change for the following reasons:First, the idea of arming civilian citizens so that they may take an active role in tackling the intractable violence plaguing the City remains more repugnant to the Mayor, and to tens of thousands of frightened New York City residents who voted for him, than is the presence of legions of lunatics and psychopaths who have taken over the City and who continually, and with impunity, prey on, and who pose a constant threat to the millions of innocent people who reside in and/or work in the City. The fear of guns and gun ownership and possession is deep-seated, unconscious, difficult to dislodge from many a New York resident's psyche.Second, reformation of the concealed handgun carry license schema in New York City is difficult—indeed well-nigh impossible—because the regulatory regime is itself a product of, grounded in, and inextricably bound to and entwined in the actions of the New York State Legislature, in Albany. Third, the actions of Albany are tied to New York's historical landscape that bespeaks a long-standing aversion to, and even pathological abhorrence toward the right of the people to keep and bear arms. Fourth, over a hundred years of New York case law is directed to and devoted to the destruction of the natural law right of armed self-defense. The United States Supreme Court rulings in Heller and McDonald, do nothing to dispel the New York Courts antagonism toward the natural law right of armed self-defense. Rather, the State and Federal Courts engage in bizarre jurisprudential contortions, distortions, and confabulations that serve at once to dismiss Heller and McDonald rulings and reaffirm old Second Amendment New York rulings that perpetuate historical prejudices about the Second Amendment and are wholly inconsistent with Heller and McDonald.In our next article, we explain in detail the nature of the difficulties attendant to reforming New York City's concealed handgun carry licensing regime.____________________________________Copyright © 2022 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved

ANTI-SECOND AMENDMENT FORCES CONTINUE THEIR PUSH TO ERODE THE RIGHT OF THE PEOPLE TO KEEP AND BEAR ARMS

NEW JERSEY SENATE BILL S. 3757 IS ONE MORE SLAP-IN-THE-FACE FOR THE SECOND AMENDMENT AND HELLER

PART ONE

The Arbalest Quarrel read with interest the NRA-ILA alert concerning New Jersey Senate Bill S. 3757 “that would force gun owners to store their guns and ammo under lock and key or face felony-level penalties.” We also read with interest and agree with Scott Bach’s well-written explication of the bill. Scott points out, “this ill-conceived bill imposes an absurd, one-size-fits-all totalitarian mandate to keep guns unloaded and locked up inside the home and to keep ammunition separately locked up inside the home, except when ‘in use’ – an utterly undefined term that will surely be interpreted to exclude everything except target practice.”As Scott notes, the New Jersey gun bill is absurd. And it is idiotic on logical grounds alone.But there is also a legal matter attendant to the bill. The bill flaunts and raises a disconcerting matter about the law that needs to be addressed.Just how broadly or narrowly is Heller to be read? This idea is not as simple as it may seem.Apart from the clear and categorical holding that the right of the people to keep and bear arms is an individual right unconnected with one’s service in a militia—ostensibly knocking down once and for all time the erroneous idea often still propounded by some that the Second Amendment refers to a “collective right”—the Court addressed another matter that directly impacts the New Jersey Senate bill.The Heller Court said——“In sum, we hold that the District's ban on handgun possession in the home violates the Second Amendment, as does its prohibition against rendering any lawful firearm in the home operable for the purpose of immediate self-defense.” Does the New Jersey Senate bill square with the Heller holding? And, if it doesn’t, what is the impetus for the New Jersey Legislature drafting the thing at all?Let’s take a closer look at the bill as written.A preliminary “Statement” of intent, in the bill, reads in pertinent part as follows:“This bill, titled the ‘New Jersey Safe Storage of Firearms Act,’ establishes penalties for improper storage of a firearm that results in access of the firearm; requires a warning to be issued to firearms purchasers; and requires the Attorney General to establish a public awareness campaign regarding the risk associated with improper storage of a firearm. The bill also repeals the provisions of current law that establish penalties only for a minor's access of an improperly stored firearm, and makes an appropriation.Under current law, there are storage requirements and penalties imposed if a minor accesses a loaded firearm that is not in use. However, there currently are no general requirements for storing firearms when they are not in use.This bill requires a legal owner of a firearm to: (1) store or secure a firearm that is not in use at a premises under the owner's control unloaded, in a gun safe or securely locked box or container; and (2) store ammunition, separately, in a securely locked box or container.Under the bill, if the owner of a firearm fails to store the firearm properly as required under the bill, the owner will, for a first offense, be sentenced to period of community service of not less than 10 hours and not more than 40 hours. For a second or subsequent offense, the owner is guilty of a disorderly persons offense. If an improperly stored firearm is accessed by another person, and the access results in serious bodily injury to or the death of the person who accesses the firearm or another person, the owner is guilty of a crime of the fourth degree. A disorderly persons offense is punishable by up to six months' imprisonment, a fine of up to $1,000, or both. A crime of the fourth degree is punishable by up to 18 months' imprisonment, a fine of up to $10,000, or both.”The language of the bill, proper, says in pertinent part:A legal owner of a firearm shall:

• store or secure a firearm that is not in use at a premises under the owner's control, unloaded, in a gun safe or securely locked box or container; and
• store ammunition, separately, in a securely locked box or container.

The bill also imposes requirements on the firearms dealer: The Superintendent of State Police, in conjunction with the Attorney General, shall adopt guidelines in accordance with the Administrative Procedure Act, P.L.1968, c.410 (C.52:14B-1 et seq.), to require each licensed retail firearms dealer in the State, or the retail dealer's employee, to provide to any person who receives, possesses, carries, or uses a firearm, a written warning printed on eight and one-half inches by 11 inches in size paper in not less than 14 point bold point type letters which shall state:“NEW JERSEY STATE LAW REQUIRES THAT ALL FIREARMS MUST BE STORED, UNLOADED, IN A SECURELY LOCKED GUN SAFE OR LOCKED CONTAINER, AND ALL AMMUNITION MUST BE STORED IN A SEPARATE, SECURELY LOCKED GUN SAFE OR LOCKED CONTAINER. FAILURE TO DO SO IS PUNISHABLE BY LAW AND COULD RESULT IN FINES AND IMPRISONMENT.” The written warning provided pursuant to subsection a. of this section shall include the requirements and penalties imposed pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill).The superintendent shall provide each licensed retail firearms dealer with a sign to be displayed prominently at a conspicuous place on the dealer's business premises at each purchase counter. The sign shall contain the statutory reference to section 3 of P.L., c. (C.). . . .”Left unsaid in the bill, is how the New Jersey Government is to know whether or how a person stores a firearm in his house.Is a New Jersey police officer to be given carte blanche authority to check on this? If so, would this not violate an individual’s Fourth Amendment Right to be free from unreasonable searches and seizures?But the more pressing issue is whether NJ S.B. 3757 is, on its face, patently illegal. Is the bill inconsistent with the Heller holding pertaining to one’s right of immediate access to a firearm in the home for the purpose of self-defense? It would seem so. But there is a problem.Just how broadly, in regard to immediate access to a firearm in one’s home, is Heller to be taken? We look at this in the next segment, and consider the ramifications of Heller, for Bruen.__________________________________________

ANTI-SECOND AMENDMENT JURISDICTIONS ROUTINELY AND BLATANTLY IGNORE HELLER AND MCDONALD PRECEDENTS

PART TWO

To both proponents of the Second Amendment and its detractors, Heller is known for its salient holding: that the right of the people to keep and bear arms is an individual right unconnected with one’s service in a militia. No one has any doubt about that holding whether one accepts the truth of it or not.It is the central holding of Heller and it is a broad ruling; no question about it. This is as it was always meant to be, and the Heller majority opinion says this clearly, succinctly, and categorically. And the Court meant for this holding to have universal application—applicable to every jurisdiction in the Country.Moreover, contrary to what some say or wish to believe, this central holding of Heller is consonant and consistent with the plain meaning of the language of the Second Amendment. The language of the Amendment does nothing more than codify a fundamental, unalienable, illimitable, immutable, natural right that exists intrinsically in every person. The one odd thing about the Heller case is that the High Court would have to point this out at all.Even so—All too many Courts blithely ignore Heller’s holding notwithstanding they are all dutybound to be mindful of and rigorously adhere to the import of it when reviewing government actions that target it. The implication of Heller cuts across and into all government actions directed against the application of the right embodied in the Second Amendment.These Anti-Second Amendment Courts merely rubberstamp unconstitutional government actions when they should be striking down government actions that, on their face, infringe the core of the right of the people to keep and bear arms.But there are other holdings in Heller that Anti-Second Amendment proponents and other “neutral” Americans miss.Unlike Heller’s paramount and broad holding pertaining to the universal nature of the right of the people to keep and bear arms as an individual rather than as a mere collective right, there are other seeming “narrow” holdings in Heller.These additional holdings address the District of Columbia’s actions concerning handguns and the right of the people to have immediate access to them in one’s own home, for the purpose of self-defense.The New Jersey gun bill, S. 3757, if enacted, would preclude a gun owner’s immediate access to a firearm for self-defense in the gun owner’s own home. On its face, NJ S.B. 3757 mirrors the major import and purport of the D.C. law that the Heller Court struck down as unconstitutional. Justice Scalia, writing for the majority, said this:“In sum, we hold that the District's ban on handgun possession in the home violates the Second Amendment, as does its prohibition against rendering any lawful firearm in the home operable for the purpose of immediate self-defense.” But is this seeming narrow holding, directed as it is to the District of Columbia, truly meant to be confined only to the District? Or, is it a broad-based, universal holding, applicable across the board, to every jurisdiction in the Land even as the High Court addressed the language of a law enacted by the District of Columbia that could only apply to the District?Assume for purpose of argument that this holding is meant to be confined to D.C. This isn’t to suggest that, if the New Jersey’s gun bill were enacted and someone were to challenge its constitutionality on appeal, the High Court would find the New Jersey law to be constitutional when the District’s law wasn’t.With the conservative wing in the majority, New Jersey’s gun bill, if enacted, would be summarily struck down, as patently illegal. No question about it.But who knows if the High Court would ever hear the case? Likely it wouldn’t, presumably because the New Jersey gun bill is similar to the D.C. law that was struck down. The New Jersey Legislature knows this. Very few cases make it to the U.S. Supreme Court for review.The New Jersey bill, as law, would be inconsistent with the D.C. gun bill but would be enforced by New Jersey anyway, unless or until it was struck down.Consider longstanding unconstitutional gun laws such as New York’s notorious “Safe Act”—which, itself, merely expands on unconstitutional laws going back decades. And the New York Legislature still expands upon the “Safe Act” slowly and inexorably engulfing and dissolving the whole of the Second Amendment.The “Safe Act” is, as we have expressly said, not the finalization of the work of Anti-Second Amendment zealots, but a work in progress, building upon the notorious, discriminatory Sullivan Act, enacted over one hundred and ten years ago.And while there have been challenges to New York’s gun laws through the century, following upon enactment of the Sullivan Act of 1911, look how long it took for the U.S. Supreme Court to accept review of a major challenge to New York’s firearms’ licensing scheme. The case is New York State Rifle & Pistol Association, Inc., vs. Petitioners vs. City Of New York, commonly referred to and known as the New York City Gun Transport case. That case was decided in 2020, and it did not meet expectations.The liberal wing of the Court, along with the ostensibly conservative wing Chief Justice John Roberts—who, it seems, cajoled the Trump nominee Associate Justice Brett Kavanaugh to go along with him, adding a crucial fifth vote—emasculated the Gun Transport case. Justices Thomas and Alito were justifiably outraged.The High Court majority refused to review the case on the merits, thus allowing the massive, bloated, convoluted, confusing gun licensing edifice to remain intact.How much more damage can Anti-Second jurisdictions and the Harris-Biden Administration do to the Second Amendment before a decision in Bruen is published? Even today, we can see the stirrings of unrest among the anti-Second Amendment proponents.Using propaganda to focus the public’s attention anew on guns, the corrupt and senile messenger boy for the Marxists and Globalists is attempting to drum up public support for new assaults on the Second Amendment. Resurrecting the Sandy Hook Elementary School incident, Biden said, as reported by The Hill:“‘As a nation, we owe all these families more than our prayers. We owe them action,’ Biden said in a video message released by the White House.He said the Senate needed to quickly pass three House-passed bills, one to extend background checks, another to keep guns out of the hands of abusers and his Build Back Better act that includes a $5 billion investment in community violence prevention and intervention.‘I know our politics are frustrating and can be frustrating and it’s particularly frustrating now. But we can’t give up hope, we can’t stop,’ Biden said.The president mentioned the school shootings in Parkland, Fla., in 2018 and in Oxford, Mich., last week, adding that similar shootings occur in Black and brown communities every day. The White House unveiled a fact sheet on Tuesday on the work the administration has done to combat gun violence, touting executive orders from the president to reduce the proliferation of ghost guns, which are untraceable guns assembled using parts bought online; regulate stabilizing braces used on firearms and help states enact red flag legislation, among other things. It also noted that local governments have used funding from the American Rescue Plan, which Biden signed into law in March, towards community violence intervention and hiring more law enforcement officers.When asked if there are any conversations about a filibuster carve-out to pursue gun legislation, a senior White House official didn’t comment directly.‘I think the president and the direct to camera really speaks to this issue in an impactful way. He shares in the frustration with gun safety advocates regarding the lack of progress made in Congress, and he also talks about the progress made in the past,’ a senior White House official said, referring to the video released on Tuesday. In the video, the president called Sandy Hook, which occurred during the Obama administration when he was vice president, ‘one of the saddest days we were in office. . . . We have to keep up the pressure.’”This is more than just a veiled threat. The Harris-Biden Administration is preparing a major assault on the Second Amendment, in part to deflect attention from Biden’s dismal poll numbers—hoping that most Americans will support a campaign to destroy the right of the people to keep and bear arms. But it is a dangerous gamble that can backfire. The Neo-Marxist and Neoliberal Globalists know this but figure they have no choice given the 2022 Midterm elections that they must prepare for. The economy is in tatters. Foreign and Domestic policy is in complete disarray. Geopolitically, militarily, economically, socially, politically, the Country is in the throes of chaos. This is just as the Destructors of the Marxist/Globalist agenda intend, but they must convince the American public that the Nation is on the right path, “to build back better.”One must wonder who dreamed up that imbecilic slogan. It sounds oddly like the slogan in the old Burger King commercial: “the bigger the burger the better the burger. . . .” And that is what the Destructors of our Nation and their puppets are doing: grinding our Country and its people into hamburger meat._____________________________________

REGARDLESS OF THE IMPACT OF THE BRUEN RULINGS IN NEW YORK, WHAT IMPACT WOULD BRUEN LIKELY HAVE ON OTHER JURISDICTIONS?

PART THREE

A ruling on Bruen likely won’t be handed down until next summer, keeping many New York gun owners and applicants for concealed handgun carry licenses in limbo for months. And it will be months longer still for the State and the New York City Licensing Division to redraft its concealed handgun carry license Rules, assuming a Bruen ruling requires that to happen.And what would be the impact of a ruling on Bruen in all other “may issue” jurisdictions?Would those jurisdictions construe the rulings in Bruen narrowly or broadly: applicable to those jurisdictions as well, or as having no impact on them?Given what we have seen to date, many jurisdictions blatantly ignore Heller whether the Heller holdings and reasoning are construed broadly or not.So, why then would or should one expect other “may issue” jurisdictions to give Bruen any credence?They ought to, of course. The right of armed self-defense, as a natural right, is not to be taken lightly in the United States, even as it goes unrecognized in other western nations, including the Commonwealth Nations and countries of the EU. And it is unrecognized by the UN, as we pointed out in prior articles.The breadth and depth of High Court rulings is not to be considered a matter of academic interest to legal scholars and legal historians only—as rulings to be adhered to or not, or as stringently or not, as this or that lower Federal and State Court wishes.U.S. Supreme Court holdings often do have or should have, real impact on our Nation even as many jurisdictions routinely misconstrue them. But is this inadvertent or not? Do these jurisdictions deliberately twist, contort and distort Second Amendment Heller and McDonald holdings and reasoning they don’t like?Do these jurisdictions alter Heller and McDonald rulings and reasoning to suit their personal fancy about guns and gun possession, thus allowing Anti-Second Amendment agendas can continue to be pursued, unimpeded? It would seem so.And, this, is, unfortunately, a disturbingly familiar occurrence we see with those government actions that infringe the core of the Second Amendment.

ON THE MATTER OF “NARROW” AND “BROAD” U.S. SUPREME COURT HOLDINGS

But what constitutes a narrow or broad U.S. Supreme Court holding, really? What does the expression “narrowly tailored ruling” mean?This often perplexes the Federal Appellate Courts.See, e.g., United States vs. Skoien, 614 F.3d 638 (7th Cir. 2010). The Seventh Circuit opined,“We do not think it profitable to parse [all the] passages of Heller as if they contained an answer to [all] the question[s] [of what] is valid. They are precautionary language. Instead of resolving questions such as the one we must confront, the Justices have told us that the matters have been left open. The language we have quoted warns readers not to treat Heller as containing broader holdings than the Court set out to establish: thatthe Second Amendment creates individual rights, one of which is keeping operable handguns at home for self-defense. What other entitlements the Second Amendment creates, and what regulations legislatures may establish, were left open. The opinion is not a comprehensive code; it is just an explanation for the Court's disposition. Judicial opinions must not be confused with statutes, and general expressions must be read in light of the subject under consideration.”So, if the issue of immediate access to a firearm for self-defense in the home is, as the 7th Circuit says, meant to be broadly construed—then why is it that some jurisdictions routinely choose to ignore Heller?The answer is plain: because they can and because they want to.NJ S.B. 3757 is a blatant example of this practice. The language of this bill is, in its import, essentially a rehash of the original D.C. handgun bill that the High Court struck down as unconstitutional.Many jurisdictions across the Country loathe the Second Amendment. And it is apparent that, given this loathing of the right of the people to keep and bear arms, they pretend Heller and McDonald don’t exist. This blatant dismissal of these two seminal cases enrages Justices Thomas and Alito to no end, and justifiably so.But the U.S. Supreme Court has no enforcement mechanism to see to it that its Heller and McDonald rulings and reasoning are adhered to.Lower Courts are required to adhere to precedential rulings of higher Courts in their jurisdiction. And all Courts, State and Federal, are required to adhere to U.S. Supreme Court rulings. They are obligated to but often do not.Courts, in a very real sense, are merely on the honor system in this regard. They may be roundly chastised for failing to adhere to higher Court rulings, and should be, but, really, the worst that happens is these Court holdings are, simply, overturned on appeal.Jurists who flagrantly fail to adhere to precedential rulings get a pass. They have absolute immunity from liability.And, as we have heretofore pointed out, even if the High Court rulings were truly expansive, it is unlikely that Anti-Second Amendment jurisdictions will pay heed to those rulings. They will attempt to find ways around them just as they have done with the rulings in Heller and McDonald; treating them with the same disdain and incredulity; rendering opinions that serve merely to torture and obfuscate the rulings and reasoning of the High Court. Nothing is likely to change as long as the citizenry keeps voting into Office individuals who support the Neo-Marxist/Neoliberal Globalist agenda.Anti-Second Amendment State legislatures that enact laws that violate the core of the Second Amendment continue the practice because they know their Courts will uphold the constitutionality of illegal laws if challenged. Thus, plaintiffs who might otherwise challenge the constitutionality of gun laws that flagrantly defy the Second Amendment and blithely ignore U.S. Supreme Court precedent must think twice before doing so. They know they have an uphill battle.The attendant time wasted for plaintiffs, who challenge unconstitutional government gun regulations, and the attendant monetary costs associated with bringing such actions, are significant, and will usually amount to wasted effort.State and local Governments know this as do Anti-Second Amendment members of Congress.One must appeal to the next higher Court to obtain relief from adverse lower Court decisions. And Appellate Courts will often just rubber-stamp decisions of the Trial Courts. And, appealing to the U.S. Supreme Court for review is, especially, no easy task. It is time-consuming and extremely expensive. And the High Court grants review in a pitifully small number of cases.It would be nice if the High Court could issue orders sua sponte, enjoining Governments from enacting laws that blithely ignore its Second Amendment Heller and McDonald rulings. But the Court cannot do this.Indeed, it would require a separate office within the Court just to keep tabs on all the unconstitutional actions of the State and Federal Governments and of the erroneous rulings coming out of lower Courts.But the U.S. Supreme Court doesn’t have the authority even to efficiently monitor unconstitutional actions of government and erroneous rulings of lower Courts that negatively impact the exercise of the right of the people to keep and bear arms, even if it had the wherewithal and resources to keep tabs on unconstitutional gun laws.And within the High Court itself, several of the Justices all too often interpose their own philosophical prejudices and biases on the Second Amendment issues to be decided. And those prejudices and biases come into play even in the very construction of the legal issues.This has disturbing implications for Bruen. We discuss this matter in the next segment and in future articles._______________________________________________

THE LIBERAL WING OF THE HIGH COURT WITH THE HELP OF THE CHIEF JUSTICE CONSTRAINS BRUEN

PART FOUR

It is a rather curious thing, when one stops to think about it, that the broad right of self-defense, and the narrower fundamental right contained in it and inextricably bound to it—the fundamental, natural, and unalienable right of armed self-defense—would have to come up for review by the U.S. Supreme at all. After all, the right of self-defense/the right of self-preservation and the concomitant natural right of armed self-defense are axiomatic; self-evident true.One would think that, a Country such as ours, with a rich heritage of cherishing natural rights, would not have to suffer enactment of laws that place so many hurdles in the path of citizens who wish nothing more than to be able to exercise the rights the Bill of Rights guarantees them. The Second Amendment, though, is treated by those jurisdictions, controlled by Marxists and Neoliberal Globalists as an outlier, even an outcast—a thing inconsistent with international norms and, so, something to be mercilessly attacked and eventually abrogated. Will this change?Many people, both proponents of the natural right of armed self-defense and its detractors, expect a decision in Bruen, when handed down next summer, will be expansive and all-encompassing and resurrect the Second Amendment’s status as a cherished right—a right absolutely essential to the maintenance of the Nation as a free Constitutional Republic and for the preservation of the Nation in the form of a free Republic for centuries to come.But, even with an expected Conservative wing majority, a positive decision will likely not be as broad-based and all-encompassing as proponents of the Second Amendment yearn for and expect and as the Amendment’s opponents anticipate and dread.Assume, for purpose of argument, that the High Court does strike down New York City’s notoriously oppressive and repressive “may issue” requirements involving the issuance of concealed handgun carry licenses outright. How will this impact similar statutes in other “may issue” jurisdictions? The answer is clear.The Bruen ruling won’t affect other “may-issue” jurisdictions. It won’t affect the prerogative of State and Local Governments in these other jurisdictions that have, in place, their own may-issue procedures. The Chief Justice and the liberal wing of the Court have seen to that in having reframed the issue, as we explain below.A ruling for Plaintiff Petitioner would probably, at best, only serve to strike down unconstitutional procedures established by the City’s gun Licensing Division. Such a ruling would not logically or legally entail the dissolution of “may issue” regulations. It would just impact the particular procedures the City presently employs when rendering its decision.In order for a Bruen majority opinion ruling to be compelling, it would have to be all-encompassing. This means the Court would have to rule that the very notion of “may issue” concealed handgun carry licenses, instead of “shall issue” concealed handgun carry licenses—in the absence of major failings in a person, including, for example, a felony conviction, a dishonorable discharge from the military, mental incompetence, or illegal alien residency in the Country—are logically inconsistent with the import of the right codified in the Second Amendment regardless of procedures utilized. See, 18 USCS § 922(g).And the Court should render a ruling on this because geographical constraints on the exercise of armed self-defense are absurd.For, if a law-abiding, rational, responsible person has the right to preserve his or her life and safety with a firearm, being no threat to another innocent person, how is one’s life and safety to be adduced more valuable in one locale—one’s home say—but not in another locale, i.e., outside one’s home.The Court should respond to this but won’t do that, and the reason is plain: Built-in constraints due to the framing of the issue before the Court preclude a decisive ruling on the exercise of armed self-defense outside one’s home.That is not to say all the Justices would be pleased by this, for the idea behind “may issue” impacts and infringes the very core of the right of the people to keep and bear arms. “May issue” is an affront to the Second Amendment and logically contradicts the very import and purport of the sacred right.From their writings and musings on the Second Amendment, Justices Alito and Thomas would, if they could, strike down “may issue” gun regulations across the board, both as utilized in the City of New York and around the Country. But they can’t. Chief Justice Roberts and the liberal wing of the Court have seen to this.Chief Justice Roberts and the liberal wing of the Court were keenly aware of the ramifications of a major ruling on New York City’s “may issue” regimen if “may issue” were on the table. These Justices abhor other profound rulings as in Heller and McDonald. The entire legality of “may issue” should have been on the table. It should have been on the table, but it isn’t.Roberts and the liberal wing had thought very carefully through this, and they made sure that “may issue” gun licenses would not be targeted, even as Plaintiff Petitioner brought the very issue of “may issue” to the fore, as the question goes to the heart of whether, or to what extent, there should be limitations on where the right of armed self-defense is to be exercised.There should be no geographical parameters defined apropos of one’s exercise of the right of armed self-defense but there will be.____________________________________________

CHIEF JUSTICE ROBERTS AND THE LIBERAL WING OF THE HIGH COURT DIDN’T LIKE THE ISSUE AS PETITIONERS PRESENTED IT IN BRUEN

PART FIVE

CHIEF JUSTICE ROBERTS AND THE LIBERAL WING DEMANDED THE ISSUE TO BE RESOLVED, BE RECAST, TO MAKE IT PALATABLE TO THEM

The question for review, succinctly but broadly presented by Petitioner in his Brief in Corlett(recaptioned Bruen) was,“Whether the Second Amendment allows the government to prohibit ordinary law-abiding citizens from carrying handguns outside the home for self-defense.”This is a broad-based issue that questions the legality/constitutionality of may issue/atypicality requirements, on any conceivable interpretation.The issue as presented to the Court is meant to question the constitutionality of “may issue” concealed handgun carry regimes not only in New York City but in every jurisdiction in the Land. And that is precisely what Petitioners set out to do.The Bruen Petitioners clearly and concisely challenged the idea of Anti-Second Amendment proponents that an unassailable right of armed self-defense does not extend beyond the doorstep of one’s home.Recall that the Heller Court confined its ruling on the geographical perimeters of armed self-defense to the issue at hand: whether an individual has a right of immediate access to a handgun for self-defense inside one’s home.In answering that question, many jurisdictions interpreted the ruling as applying only to the District of Columbia, when the Court never stated or implied that the ruling on the right of immediate access to a firearm inside one’s home is directed to the District of Columbia gun codes and doesn’t implicate similar gun codes or laws in other jurisdictions. In fact, the implication is that the right of immediate access to a firearm for self-defense in one’s home does apply to all jurisdictions.Many State Governments and State and Federal Courts also interpreted the Heller decision as suggesting that a right of armed self-defense doesn’t extend beyond the doorstep to one’s home, regardless of the jurisdiction, but is to be confined—if there is to be such a recognized right at all—only to one’s home.But that idea is simply wrong. The High Court’s silence on the issue meant only that the issue was not before the Court. So, nothing further was to be presumed or deduced from that ruling.New Jersey’s bill, S. 3757, requiring disassembly of firearms in one’s home erroneously presumes the Heller ruling was meant to apply very narrowly only to the District of Columbia. Either that or the New Jersey Legislature didn’t care if the Heller ruling was meant to apply to other jurisdictions, figuring that, if wrong about its application to other jurisdictions, it didn’t matter. The Legislature knew that, if S. 3757 were enacted, a gun owner, unhappy with the law, would have to challenge its constitutionality in Court to obtain recourse—a time-consuming and expensive ordeal.Yet, one’s right of immediate access to a firearm for self-defense in one’s home is not to be presumed to be locale-specific. The ruling applies to all jurisdictions, albeit tacitly, but still unmistakably, by logical implication. Still, the Heller Court ruling didn’t expressly assert the universality of the ruling. It should have done so. The Court should have articulated clearly and categorically that its ruling on one’s Constitutional right of immediate access to a handgun inside the home, for purpose of self-defense—although directed to the D.C. gun codes—was meant to apply, as a general holding, throughout the Country. But the Court didn’t do that.Likely Associate Justices Scalia, Thomas, and Alito wanted to make the ruling unambiguous on that score but could not do so if they were to gain a majority. That would require positive votes from Chief Justice Roberts and from Justice Kennedy, and those Justices wanted the ruling to remain narrow and nebulous as to its application in other jurisdictions. The only clearly broad-based holding in Heller is that where the Heller Court held that the right of the people to keep and bear arms is an individual right unconnected to one’s service in a militia.As to the impact of specific rulings on the D.C. gun codes on other jurisdictions, for one to infer or assume that the rulings on the D.C. gun code rulings do not apply and were not meant to apply outside the District is implausible, but theoretically possible—hence the draft legislation in New Jersey:S. 3757. And that follows from the fact that the Chief Justice and Associate Justice Kennedy wanted to make clear that the Heller ruling was not intended to constrain the right of States to regulate the citizen’s access to guns. That message came out loud and clear and Justice Scalia was compelled to make that assertion explicit, assertingAnd this takes us back to Bruen.On granting the writ for certiorari in Bruen, on April 26, 2021, the Court recast the salient issue very narrowly: “Granted limited to the following question: Whether the State's denial of Petitioners' applications for concealed-carry licenses for self-defense violated the Second Amendment.”Chief Justice Roberts and the liberal wing of the Court “gamed the system,” even though some legal scholars don’t wish to acknowledge this and some patently deny it.Amy Howe, for one, erstwhile preeminent editor and reporter of SCOTUSblog, who regularly covers U.S. Supreme Court cases, and who ostensibly has an inside track on the musings of the High Court, made light of the Court’s recasting of the issue. Howewrites, in part, “After considering the case at three conferences, the justices agreed to weigh in. They instructed the parties to brief a slightly narrower question than the challengers had asked them to decide, limiting the issue to whether the state’s denial of the individuals’ applications to carry a gun outside the home for self-defense violated the Second Amendment. But the case nonetheless has the potential to be a landmark ruling. It will be argued in the fall with a decision expected sometime next year.” But will Bruen lead to a landmark ruling? Is this recasting of the issue in Bruen a big deal? Amy Howe, apparently, doesn’t think it is, or at least, won’t admit it if she harbors any reservation about it. But we do believe the matter is a big deal and are not reticent about asserting this. If this recasting of the issue in Bruen amounted truly to a slightly narrower question, as Amy Howe asserts, then why would the Court bother to reconfigure the issue at all? The answer to this question is alluded in Heller, as we explain in the next segment.____________________________________

WHY CHIEF JUSTICE ROBERTS AND THE LIBERAL WING OF THE HIGH COURT INSISTED ON RECASTING THE LEGAL ISSUE IN BRUEN

PART SIX

To understand why Chief Justice Roberts and the liberal wing of the Court were adamant that the Bruen issue be recast narrowly and in the form that it was, it is necessary to go back to the reasoning in Heller. It is pertinent to the matter at hand to understand why the Court dealt with the paramount issue of whether the right of the people to keep and bear arms is an individual right unconnected to one’s service in a militia because that wasn’t an issue in the case, as framed. In the opening sentences of Heller case, the late Justice Antonin Scalia, writing for the majority, said:“We consider whether a District of Columbia prohibition on the possession of usable handguns in the home violates the Second Amendment to the Constitution. The District of Columbia generally prohibits the possession of handguns.  It is a crime to carry an unregistered firearm, and the registration of handguns is prohibited [citations omitted]. Wholly apart from that prohibition, no person may carry a handgun without a license, but the chief of police may issue licenses for 1-year periods [citations omitted]. District of Columbia law also requires residents to keep their lawfully owned firearms, such as registered long guns, ‘unloaded and dissembled or bound by a trigger lock or similar device’ unless they are located in a place of business or are being used for lawful recreational activities [citation omitted].”The Heller majority opined that the District of Columbia’s total ban on handgun possession in the home along with the requirement of disassembly of all firearms in the home hit at the very heart of the Second Amendment, as the D.C. Government did intend for it to do.But, Justice Scalia, along with Justices Thomas and Alito, knew quite well, that it was impossible logically to rule against the District of Columbia’s draconian gun law without ruling on the ultimate issue—tantalizingly kept at bay since ratification of the Bill of Rights in 1791:Does the right of the people to keep and bear arms constitute an individual right unconnected with one’s service in a militia” or only a collective right, contingent on one’s service in a militia?Of course, to anyone with even a smidgeon of understanding of law and logic, and who is intellectually honest, knows that the import of the right as codified in the Second Amendment is clear on its face.But many academicians and many jurists, too, have for decades, erroneously treated the right as a “collective right” only. And they still maintain that, even after Heller made categorical and irrefutable what was already clear from the plain meaning of the Second Amendment’s language.One’s philosophical or emotional bent often gets in the way of one’s intellectual reasoning faculty.If proponents of the collective right thesis were correct, then any government regulation on gun ownership and possession must be construed as lawful and constitutional so long as a “rational basis” for the government action existed.This means that, while a collective right of the militia to keep and bear arms must be construed as a fundamental right and an action infringing that right would require stringent review of the government’s action, an individual’s right to keep and bear arms would not require such scrutiny. That is bizarre, to be sure, but that is consistent with the “collective right to keep and bear arms” thesis.Taking that thesis as true, arguendo, then an individual challenging the legality of government action, arguing an infringement of his right to keep and bear arms would not invoke stringent court review of the constitutionality of the Court action. A reviewing Court would only have to determine whether the government action bore a reasonable connection to achieving a legitimate State or Federal objective, nothing more. And That is an easy test to meet.Thus, if the Heller Court had not dealt with the underlying issue at the heart of the case—the case would have been decided much differently. The District of Columbia’s total ban on handguns would be ruled legal and Constitutional, as would the government’s requirement that all firearms be disassembled and not available for immediate self-defense use, even in the confines of one’s home. This is tantamount to denying a right to armed self-defense—period.Justices Scalia, Thomas, and Alito determined that they would not let the opportunity to decide the paramount Second Amendment issue pass. And, given the indomitability of Scalia’s will, and through the power and tenacity of his spirit, Chief Justice Roberts and Justice Kennedy, reluctantly went along. And, so, the Court majority ruled that the right of the people to keep and bear arms is an individual right unconnected with one’s service in a militia.But Justice Scalia is no longer with us. Can Justices Thomas and Alito take up the slack? Bruen likely won’t be the next blockbuster case supporting the right of the people to keep and bear arms to the extent that Heller is. And, a decision on the merits, unlike the New York Gun Transport case, will be forthcoming. The New York Government cannot amend the gun licensing scheme in a manner that would keep the entire structure intact as it did in the Gun Transport case.For “may issue” is really at the heart of New York’s licensing regime. If “may issue” goes, the entire New York handgun licensing structure comes crashing down._________________________________________

WHY ANTI-SECOND AMENDMENT FORCES ABHOR AND FEAR HELLER

PART SEVEN

The U.S. Supreme Court, knows that the driving mechanism of the right of the people to keep and bear arms rests on the assumption, taken as axiomatic, self-evident true, that the right is grounded on the natural, fundamental right of armed self-defense that itself is inextricably bound to the basic right of self-preservation and personal selfhood, i.e., personal autonomy. The right exists inherently in each person as an individual Soul, as the Divine Creator intended.If the Second Amendment were to be treated as a “collective right,” that is tantamount to saying there is no right at all. The right would be nugatory, because  right would belong solely to the State, not to the person.The framers of the Constitution couldn’t have meant that. They didn’t put pen to paper just to waste ink. Moreover, such an interpretation would conflict with the very import of the Bill of Rights, essentially deflating the import of the entirety of it. For, without a personal right of armed self-defense, man is vulnerable to attack from predatory beast, which is bad; and from predatory man, which is worse; and  from the predatory government, which is worst of all.So, in Heller, Justices Scalia, Thomas, and Alito took that opportunity—when it finally came around—to pointedly and decisively hold that the right of the people to keep and bear arms is an individual right, unconnected with one’s service in a militia. This of, course, is plain from the text of the Second Amendment but since many courts and scholars choose to ignore it, pretending that the language of the Second Amendment doesn’t mean what it says, the High Court made the point clear, so that no one can conveniently obfuscate the meaning of the language.Note: the issue as to the meaning of the nature of the right of the people to keep and bear arms was never before the Heller Court. The only two issues before the Court were whether:“the total ban on handguns under D.C. Code §§ 7-2501.01(12), 7-2502.01(a), 7-2502.02(a)(4), as well as the requirement under D.C. Code § 7-2507.02 that firearms be kept nonfunctional, violated exercise of the constitutional right of the people to keep and bear arms.”But, Justices Scalia, Thomas and Alito knew that striking down these Statutes would do little to constrain a government that abhors civilian citizen exercise of the Second Amendment right, unless the High Court made clear that the right of the people to keep and bear arms is an individual right, and not a privilege to be bestowed on a person by government prior to exercising the right.The District of Columbia would continue to enact new laws that did much the same thing as the old laws. Anti-Second Amendment Governments would have to exercise more discretion and creativity in denying Americans their God-given right.Once the right is understood clearly, succinctly, and unambiguously, to be an individual natural right, rather than a Government bestowed privilege, it is easy for reviewing courts to ascertain whether government action constrain exercise of the core individual right.Of course that should happen but didn’t happen. The recent New Jersey bill, for one, is evidence of  rabid disdain of many in Government toward the Second Amendment. It also demonstrates the tenacity of Anti-Second Amendment in continuing to drum up more and more unconstitutional codes, regulations, ordinances, and statutes despite of and in spite of the clear pronouncement in Heller. Resistance to Heller is obdurate.Still, Justices Scalia, Thomas, and Alito had held out the hope that a clear and categorical pronouncement on the import of the Second Amendment would constrain resistant vocal forces in Government. And, in fact Anti-Second Amendment Courts cannot dismiss the salient holding of Heller out-of-hand, but must remark on it, even as they strain to uphold unconstitutional gun laws, as they continually do.Be that as it may—At least in Heller, with the idea that the right of the people to keep and bear arms is a collective right now, finally, laid to rest—and not to be denied out-of-hand the Heller Court could deal effectively with the issue at bar in Heller. Justice Scalia, writing for the majority, said,“We turn finally to the law at issue here.  As we have said, the law totally bans handgun possession in the home. It also requires that any lawful firearm in the home be disassembled or bound by a trigger lock at all times, rendering it inoperable.” But, the impact of Heller on Bruen may be minimal. Even if the High Court finds the New York City Rule to be unconstitutional and strikes it down, this only amounts to a finding simply that the decision on the Plaintiff Petitioners’ applications for an unrestricted concealed handgun carry license was unconstitutional. An answer to the “narrow question” as reframed, only requires that; nothing more.At best, the High Court can, consistent with the rephrasing of the question on review, find the City’s procedures for determining whether an applicant meets the stringent requirements of ‘atypicality’ to be inadequate.If that is to happen, a remand of the case to the trial court would require the trial court to strike down the procedures now in place in New York City, and instruct the Government to promulgate new procedures for handling the licensing of concealed handgun carry licenses. This, unsurprisingly, is what the Respondents have requested. It would be a satisfactory win for them. For the constitutionality of atypicality would go unanswered: The handgun licensing structure of New York would remain intact; and the core issue the Petitioners wanted decided—an unqualified right of armed self-defense outside the home—would remain unresolved.And the redrafting of New York City’s “may issue” procedures would likely be no better than the ones currently in place, because the NYPD License Division would still retain authority to grant or reject applications: an inherently subjective judgment call.Moreover, the ramifications of “may issue” procedures only impact New York—consistent with the issue as restated. Other “may issue” jurisdictions can proceed as they always have.Anyone who questions “may issue” procedures in other jurisdictions would have to file their own challenges. This would necessitate another appeal, by another petitioner, to the High Court, requesting review of another “may issue” procedure of that other Anti-Second Amendment jurisdiction, assuming relief from a lower court is not forthcoming.The ensuing problems for Americans who simply seek to exercise their God-given right to keep and bear arms are endless and intractable. And the Court is not likely to take up a similar issue, leaving forever open the right of armed self-defense.But the most critical point to be made is one that no one else, to our knowledge has even considered. It is  that—The right of the people to keep and bear arms tacitly embraces the right of self-defense which entails the right of personal autonomy——the quintessential right upon which the sanctity and inviolability of one’s own Soul depends.The framers of the Constitution took that most basic of natural rights to be self-evident true. They took this fact to be so obvious that express mention of it was deemed unnecessary—even by the Antifederalist framers who demanded that several of the salient natural rights be codified.Thus, the Second Amendment expressly asserts and emphasizes only the need for the people to always be armed and at the ready to secure a free State, against incursion of tyranny of Government. It is for this reason that the people remain armed that the sanctity of their Selfhood can be free from Government intrusion and free from Government impediment: untouched, unsoiled, untrampled, undiminished.Having successfully fought off one tyrannical government, the founders of the Republic had dire concerns of any strong centralized government. Even with the checks and balances of the Federal Government they constructed, they knew that this Government, too, had within the seeds of it, the danger of tyranny—an unavoidable fact of the worst of human nature. An armed citizenry was the ultimate preventive medicine against that.But, if armed defense is contained and constrained within the confines of one’s home, then the implicit message is that no American has the unalienable right to employ defensive arms against tyranny of Government, for the structures of Government power exist outside one’s home.And containment of the Second Amendment and the panoply of other Rights of the Bill of Rights is just how Neo-Marxists and Neoliberal Globalists presently running the show in Government and throughout the Country intend to keep it at least for the time being, until such time as they consolidate enough control and power to erase all of it.___________________________________

DON’T EXPECT BRUEN TO BE THE DECISIVE PRONOUNCEMENT OF ONE’S SECOND AMENDMENT RIGHT AS HELLER AND MCDONALD PROVIDED

PART EIGHT

The issue before the High Court, as reformulated, in Bruen, requires the Court only to determine whether the City’s rules for granting concealed carry handgun licenses are arbitrary and capricious.The Court thus leaves undecided the principal issue that the Petitioner wanted the Court to review, namely whether the right of armed self-defense extends beyond the confines of one’s home, making clear what the Heller Court didn’t rule on: the expansiveness of armed self-defense—beyond the confines of the home—as the founders of a free Republic understood the natural right.After all, what is one to make of saying a person has a right to armed self-defense in some places but not others, other than to reaffirm the right of Government to continue to place unconstitutional restrictions the on exercise of the right of armed self-defense. The idea is absurd on its face, and negatively implicates the very notion of self-defense, armed or otherwise.Of course, Justices Alito and Thomas could write concurring opinions taking the Court to task for not ruling on the most important issue, whether armed self-defense extends everywhere; and probably will do this if one or the other Justice is not assigned to draft the majority opinion. But a concurrence would amount to dicta only, not a Court ruling.The High Court will most likely confine its ruling, or rulings, to addressing New York City’s “may issue” procedure, which is the way Chief Justice Roberts and the liberal wing of the Court had the issue restructured and that is what the Respondents wanted.This smacks of a “cop-out.” And we have seen this before, in the Court’s handling of the previous New York City Gun Transport case. That is what the Respondent City had in fact requested in oral argument. If the City gets that much, then they essentially win, and anti-Second Amendment advocates will breathe a collective sigh of relief. For, the salient issue, as to whether the right of the people to carry firearms for self-defense outside one’s home, which Heller didn’t address and, in fact, painfully avoided—as Roberts and Kennedy likely insisted upon—remained unexamined.And, this would be just as Roberts and the liberal wing of the Court would want to continue to leave it, as this would keep the perceived “damage” ofHeller and McDonald within rigid, narrowly defined contours.Anti-Second Amendment Courts and governments will continue operating as they have been operating all along: pretending Heller and McDonald never existed, and continually pressing for more and more repugnant, restrictive, repressive firearms' laws. And as those seminal Second Amendment cases have routinely been ignored, now one would add Bruen.This must have vexed Justice Scalia. The Chief Justice, John Roberts and Associate Justice Anthony Kennedy, compelled Justices Scalia, Thomas, and Alito to soften the impact of Heller, which, at its core made clear that the right of the people to keep and bear arms rests well beyond the lawful ability of Government to abrogate. But tension would remain between the categorical natural right of the people to own and possess firearms and the desire of State Governments to exercise their own police powers to constrain and restrict the right to the point that the right would cease to exist. And, the Federal Government, for its part, would have its own reason to erase the idea of a right of the people to keep and bear arms that rests beyond the lawful power of that Federal Government to erase, modify, abrogate, dismiss, or simply ignore. For an armed citizenry would, in its very existence threaten tyranny. And that is something the Federal Government has always been uneasy with, and all the more so now, with Counterrevolutionary Marxists and Neoliberal Globalists hell-bent on disassembling a free Constitutional Republic and independent, sovereign nation-state that it may be successfully merged into a supra-national, transnational governmental construct.Did the late Justice Antonin Scalia surmise this? Did he see this coming? Did he attempt to prevent it? And did powerful, ruthless forces, beholding to no nation and to no set of laws recognize this, and initiate plans to prevent anyone and anything that might thwart their plans for a new political, social, economic, financial, cultural, and juridical governmental construct: a new world order. In such a scheme the concept of the nation-state is archaic, serving no functional purpose. And the idea of a people as sole sovereign ruling body over Government is particularly dangerous and abhorrent. _________________________________

THE HELLER CASE ILLUSTRATES THE TENSION AT WORK TODAY IN AMERICA, BETWEEN TRUE PATRIOTS WHO WISH TO PRESERVE THE NATION AS A FREE REPUBLIC AND THE TRAITORS INTENT ON DEMOLISHING ALL OF IT

PART NINE

In the last paragraph of the Heller majority opinion, one sees the results of the demand placed on Justice Scalia. Chief Justice Roberts and Justice Kennedy compelled Scalia to expressly assert the right of States to exert control over the right of the people to keep and bear arms.There is manifest tension here between the right and of the individual to retain sole and absolute possession and control over and enjoyment of use in his firearms as his personal property and the State's opposition to the individual's absolute authority over his personal property rights in his firearms. The State insists on placing constraints on the exercise of the citizen's control over his own firearms, and the citizen insists on repulsing the State. Scalia was forced to make allowance for Government to constrain what is an irrefutable, absolute right. He was compelled to throw a bone to the Anti-Second Amendment Marxists and Globalists by making explicit the reference to “gun violence, they insisted on.But one also sees Scalia’s intention to have the last word, both alluding to and denying that the Second Amendment will not be made extinct—at least not on Scalia’s watch. The pity that this eminent, jurist, who had demonstrated true reverence for our Nation’s Bill of Rights would have no hand in penning an opinion in Bruen. That Justice Scalia is no longer with us, Americans are all the worst without him.For the danger of tyranny of Government is most acute today, and there is no greater need for an armed citizenry today, to thwart tyranny. And Justice Scalia knew this well. He ended the Heller majority opinion with these words: “We are aware of the problem of handgun violence in this country, and we take seriously the concerns raised by the many amici who believe that prohibition of handgun ownership is a solution.  The Constitution leaves the District of Columbia a variety of tools for combating that problem, including some measures regulating handguns [citation omitted]. But the enshrinement of constitutional rights necessarily takes certain policy choices off the table.  These include the absolute prohibition of handguns held and used for self-defense in the home. Undoubtedly some think that the Second Amendment is outmoded in a society where our standing army is the pride of our Nation, where well-trained police forces provide personal security, and where gun violence is a serious problem.  That is perhaps debatable, but what is not debatable is that it is not the role of this Court to pronounce the Second Amendment extinct.”Unfortunately for us Americans, the Second Amendment could very well go extinct given the current unhealthy climate in this Country, deliberately worsened through Neo-Marxist/Neoliberal Globalist provocation, driving the Country to a Civil War.Retired Justice John Paul Stevens and Justice Stephen Breyer responded directly to Justice Scalia’s closing remarks in Heller. They caustically remonstrated against him, provoking him by asserting erroneously and absurdly that, to call the right of the people to keep and bear arms an individual right, is to have the Court create a right that doesn’t exist in the Bill of Rights. Really?And, Stevens and Breyer further insulted the late Justice by remarking that it is for Government to define the rights that the people have through the policy choices that Government makes. Justice Stevens and Breyer invoked the tired erroneous claim that whatever right to keep and bear arms exists in the Second Amendment,that right is a collective right, which is to say, a Government sanctioned privilege. In so saying they rebuked Justice Scalia, and Justices Thomas and Alito, casually dismissing out-of-hand, the salient, paramount holding of Heller.In their joined Dissent, Stevens and Breyer write,“Untiltoday, it has been understood that legislatures may regulate the civilian use and misuse of firearms so long as they do not interfere with the preservation of a well-regulated militia.  The Court's announcement of a new constitutional right to own and use firearms for private purposes upsets that settled understanding, but leaves for future cases the formidable task of defining the scope of permissible regulations.  Today judicial craftsmen have confidently asserted that a policy choice that denies a ‘law-abiding, responsible citize[n]’ the right to keep and use weapons in the home for self-defense is ‘off the table.’    Given the presumption that most citizens are law abiding, and the reality that the need to defend oneself may suddenly arise in a host of locations outside the home, fear that the District's policy choice may well be just the first of an unknown number of dominoes to be knocked off the table.”“I do not know whether today's decision will increase the labor of federal judges to the ‘breaking point’ envisioned by Justice Cardozo, but it will surely give rise to a far more active judicial role in making vitally important national policy decisions than was envisioned at any time in the 18th, 19th, or 20th centuries.” Note, that Breyer, who still serves on the High Court, asserts his fear, in Heller, that the Court might actually proclaim that armed self-defense does exist outside the realm of one’s home.If Justice Scalia were still alive and serving on the Court, he would indeed make clear, in Bruen, that the right of armed self-defense outside the home is within the core meaning of the language of the Second Amendment. But, with Scalia gone, the Bruen case—that would have become the third seminal Second Amendment case—creating a triumphant Second Amendment Triumvirate of seminal cases, sanctifying the Bill of Rights, will not be.The Destroyers, Destructors, and Defilers of our Republic will continue pressing to wear down the American psyche and spirit.The Bruen rulings will likely amount to little more than a bee sting to the Neo-Marxists and Neoliberal Globalists, having little negative impact on New York, and no impact on Anti-Second Amendment Governments across the Nation and no discernible impact on Anti-Second Amendment forces in the Federal Government.The “atypicality” requirement will remain. Just the procedures in granting concealed handgun carry licenses in New York City would change.And nothing would change for other Anti-Second Amendment jurisdictions as they will retain their own “atypicality” requirements unless those procedures are successfully challenged in their own Courts of competent jurisdiction.All the problems attendant to the Federal and State Governments’ refusal to recognize the sanctity and inviolability of the right of the people to keep and bear arms will remain unscathed.And, from what we gather coming out of Biden’s maw and that of the illustrious Marxist/Neoliberal Globalist Governor of California, Gavin Newsom, of late, the seeming impenetrable castle walls assiduously built by the Heller and McDonald rulings and reasoning, remain under siege, and in danger of successful breach at the first opportunity._____________________________________Copyright © 2021 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.

THE RIGHT OF SELF-DEFENSE WAS ON TRIAL IN THE RITTENHOUSE CASE; AND THIS TIME WE THE PEOPLE, WON!

A couple of days prior to the jury’s decision in the Rittenhouse case, the New York Times posted an editorial, titled, “The Truth About Kyle Rittenhouse’s Gun,” by Times Opinion Columnist, Farhad Manjoo. In part, the Columnist said this,“I’ve spent the past couple of weeks riveted by the murder trial of Kyle Rittenhouse, the white teenager who shot and killed two people and injured a third during a night of Black Lives Matter protests and civil unrest in Kenosha, Wis., last year.It was a turbulent case. For many days the prosecution was on the ropes — some of the state’s witnesses seemed to bolster the defense’s case that Rittenhouse acted in self-defense. But on Monday, the lead prosecutor, Thomas Binger, offered a meticulously documented closing argument that deftly summarized all the ways Rittenhouse acted unlawfully. That’s because it cleverly unraveled some of the foundational tenets of gun advocacy: That guns are effective and necessary weapons of self-defense. That without them, lawlessness and tyranny would prevail. And that in the right hands — in the hands of the “good guys” — guns promote public safety rather than destroy it.In the Rittenhouse case, none of that was true. At every turn that night, Rittenhouse’s AR-15-style semiautomatic rifle made things worse, ratcheting up danger rather than quelling it. The gun transformed situations that might have ended in black eyes and broken bones into ones that ended with corpses in the street. And Rittenhouse’s gun was not just a danger to rival protesters. According to his own defense, the gun posed a grave threat to Rittenhouse himself — he said he feared being overpowered and then shot with his own weapon.This is self-defense as circular reasoning: Rittenhouse says he carried a rifle in order to guarantee his safety during a violent protest. He was forced to shoot at four people when his life and the lives of other people were threatened, he says. What was he protecting everyone from? The gun strapped to his own body, the one he’d brought to keep everyone safe.” ~ Portions of an article from an Editorial appearing in The New York Times, on November 17, 2021, titled “The Truth About Kyle Rittenhouse’s Gun,” by Times Opinion Columnist, Farhad Manjoo.Well, the jury in the Rittenhouse case just blew this absurd New York Times editorial out of the water.At the core of the Second Amendment rests the right of self-defense. This isn’t a supposition. This isn’t theory. This isn’t opinion. And it certainly isn’t a mere fervent wish. Self-defense is at the heart of the inviolability of personhood; the sanctity of mind, body, and spirit.No other Nation on Earth, but the United States, talks about the Right of self-defense as a fundamental, unalienable, natural law right, and truly means it; has etched it in stone in its Constitution.What does the International Community have to say about this? Read all the documents you will, disseminated by the UN and the EU. They all go on about human dignity and the right to life, sure. But you will struggle to find one that even mentions the right of “self-defense.”You won’t see it. You won’t find it. It doesn’t exist. But, then, are not the words, “right to life” and “human dignity” vacuous in the absence of the inherent, natural, God-given right of self-defense to secure one’s life? And isn’t individual responsibility an important component in that equation?The Right of self-defense is embedded in the right of the people to keep and bear arms.A firearm is the best means of self-protection and has, for centuries, been thus.The right of the people to keep and bear arms is merely a reiteration of and reminder to Government that the Right of the people to keep and bear arms means the Right of self-defense, be it employment of self-defense against attack by beast, person, or the tyranny of Government.Make no mistake—the most cherished right of every human being was on trial in the Rittenhouse case: The right of self-defense.The seditious Press will play the outcome of this case as it has from the outset; as the aforementioned splice from The New York Times editorial presents—that the Rittenhouse case is about guns and the need to place further constraints on the Right to keep and bear them.That has been the messaging droning on, all along: guns promote lawlessness; guns threaten public safety and order; guns don’t belong in a civilized society; guns aggrandize vigilantism; and so on and so forth.But the Rittenhouse case isn’t really about guns. It never was.The case is about the inherent, natural, immutable, God-given Right of Self-Defense. And as the case proved, armed self-defense works damn well. Kyle Rittenhouse would have suffered serious injury and probable death had he not been armed. No question about it. No one seriously doubts it.A brave, young man, looking for neither glory nor condemnation, went to Kenosha, to protect the city of his father from destruction. He did that because the police couldn’t because an effete State Government wouldn’t let the police fulfill its main function; its official mandate: to protect the community it serves.The people themselves would have to step up, and one young man did.Many journalists and commentators will say, in the days, weeks, and months to follow, that the jury came to the wrong conclusions in each of the counts against Kyle Rittenhouse. Some, though, will admit that the case was a weak one from the start. The seditious Press will rant and rave, fume, and make excuses, and will issue dire warnings of what the outcome of this case portends for society, which undoubtedly the Press will, wittingly or not, foment.But the truth of the matter is that the case against Kyle was, from the start, not only weak, it was absurd.Video evidence alone demonstrated beyond a reasonable doubt that an angry mob, out for blood, intended to seriously injure or kill Kyle Rittenhouse. The mob was chasing after Kyle. Kyle wasn't chasing after them. Kyle did his level best to avoid confrontation. And that is a critical point where a person claims self-defense.The State’s case against Kyle was nonsensical from start to finish. It was an oblique attack on the inherent right of self-defense. But it was also a direct assault on civilian ownership and possession of firearms.The prosecution argued that, if a person has a right to self-defense, Kyle certainly didn’t because he didn’t play fair: he brought a gun to a knife fight, notwithstanding that one of the attackers did bring and did point a loaded handgun at Kyle.But the prosecutors never charged that third attacker, Grosskreutz, for unlawfully carrying a concealed weapon. Strange that.The prosecutors created a story that Kyle, by carrying a rifle that night in Kenosha, was looking for trouble. The State constantly used a buzzword, “active shooter” to describe Kyle.The prosecutors employed rhetoric instead of reason to entice, seduce, and mislead the jury. It didn’t work. The jury saw through the sham. They were never taken in by it.And, fortunately, justice was served. The jury obeyed the instructions as given them by the Judge. The jury wasn’t deluded by Biden’s insulting and ludicrous and false assertion that Kyle is a “white supremacist” or by claims that the Rittenhouse case is all about vigilantism—as if any of that would or should have bearing on the case, anyway.But let’s cut to the chase. This case was and is about one thing: the right of self-defense, and whether the employment of it was reasonable under the circumstances. Wisconsin law is clear about this:

• Wis. Stat. § 939.48 Self-defense and defense of others, says this:

“A person is privileged to threaten or intentionally use force against another for the purpose of preventing or terminating what the person reasonably believes to be an unlawful interference with his or her person by such other person. The actor may intentionally use only such force or threat thereof as the actor reasonably believes is necessary to prevent or terminate the interference. The actor may not intentionally use force which is intended or likely to cause death or great bodily harm unless the actor reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself.”The jury found that, on all Counts, Kyle Rittenhouse complied with the Wisconsin law of self-defense. He never shot to kill. He shot to stop aggressive attacks on life, and when the threat passed, Kyle stopped. And one should take careful note:Wisconsin law doesn’t assert or imply a limitation on the use of firearms for self-defense.On the contrary, the State Supreme Court of Wisconsin reiterated the right of armed self-defense.In the recent case, State vs. Roundtree, 395 Wis. 2d 94, 952 N.W.2d 765 (2021) the Court opined that “the core right identified in Heller, is ‘the right of a law-abiding, responsible citizen to possess and carry a weapon for self-defense. . . .’”See also State vs. Christen, 396 Wis. 2d. 705, 958 N.W.2d 746 (Wis. 2021), and note, once the defendant successfully raises the self-defense privilege, the State has the burden to disprove self-defense beyond a reasonable doubt at trial. And that standard is a difficult one for the State to overcome. Moreover, if the State cannot meet the standard of proof, then the privilege automatically applies to any crime based on the conduct directed to the criminal charges.  “Wisconsin has codified the privilege of self-defense. § 939.48(1) (‘A person is privileged to threaten or intentionally use force against another for the purpose of preventing or terminating what the person reasonably believes to be an unlawful interference with his or her person by such other person.’). This self-defense privilege extends further in the context of the home where the privilege may include the presumptive right to use deadly force. See § 939.48(1m)(ar). When a defendant successfully raises the self-defense privilege, the State has the burden to disprove self-defense beyond a reasonable doubt at trial. State v. Head, 2002 WI 99, ¶106, 255 Wis. 2d 194, 648 N.W.2d 413. If the State cannot prove beyond a reasonable doubt at trial that the defendant did not act in self-defense then the self-defense privilege serves as ‘a defense to prosecution for any crime based on that conduct.’ § 939.45.” The jury, in the Rittenhouse case, obviously determined the prosecution failed to overcome the self-defense privilege in each of the charges brought against Kyle Rittenhouse involving the use of his weapon for self-defense. Hence, all the charges related to the use of his weapon for self-defense automatically drop.The Press will, no doubt, have a field day with this turn of events. Let us hope the U.S. Supreme Court in Bruen, will recognize and make abundantly clear the right of armed self-defense doesn’t stop at the doorstep of one’s home.______________________________________Copyright © 2021 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.   

NEW YORK TIMES UNLEASHES ATTACK DOGS IN OP-ED ON EVE OF ORAL ARGUMENT BEFORE THE SUPREME COURT IN BRUEN

The U.S. Supreme Court hears oral argument today on the  Second Amendment case NYSRPA vs. Bruen (previously captioned NYSRPA vs. Corlett).This is the first major case to come before the High Court after Chief Justice Roberts and Associate Justice Brett Kavanaugh, joining the Liberal wing of the Court, punted on last year’s New York City Gun Transport case. Let’s hope the Chief Justice and Associate Justice Kavanaugh don’t get cold feet this time.But there are enough Anti-Second Amendment fanatics, including, unfortunately, jurists and attorneys, waiting in the wings, to castigate the Justices if they should—horror of horrors—actually strike down unconstitutional laws.One can perhaps understand the “walking dead” among the living who pay too much attention to the nonsense spouted by jackasses in the Government, in the Press, in social media, and in Hollywood—allowing others to do their thinking for them. And the message is always the same:“Surrender your firearms and peace will rain down upon you from the heavens.” And “the walking dead” nod their heads in mindless, senseless bovine agreement.At one time the fiction might have been somewhat believable, even though patently untrue. That was in the day when communities actually had well-funded police departments to provide at least a modicum of security. Now, however, police departments in major cities are underfunded, defunded, and emasculated, or are on the verge of extinction.One is left to ask, plaintively: “who will protect me if there are no police around and I’m not permitted a handgun to protect myself?” And, one is left befuddled at the reply given him from the vacant-eyed cultists: “That’s your white privilege talking.”But, when some jurists and attorneys claim a person’s right to defend him or herself with a firearm must stop at the doorstep of one’s house, such an assertion is untenable and unconscionable.Yet, that is what the public gets.In an Op-Ed titled, “Prominent Conservatives Back Letting States Limit Guns in Public,” published in The New York Times, on November 2, 2021, one day before the oral hearing in Bruen, J. Michael Luttig, a former U.S. Court of Appeals Judge, and Richard D. Bernstein, an appellate lawyer, make clear their disdain for “the right of the people to keep and bear arms.”They demonstrate their abhorrence of the unfettered Constitutional Right of Americans “to carry loaded concealed weapons in public and in public places, wherever and whenever they believe they might need their guns for self-defense.”They assert, “The announcement of such an absolute and unfettered right would be shocking and disquieting to most Americans. . . .” The appropriate, if curt, reply to this ridiculous remark is, “so what!”Since when is a decision on a fundamental, natural law Right to be treated like a Beauty Pageant—as a matter for popular acclaim?These two ostensible legal experts, continue:“The Supreme Court is not constitutionally empowered to make these decisions, and it is ill-suited to make them. For the justices to begin deciding for the people exactly where and when a person has a right to carry a handgun in public would be to establish the court as essentially a National Review Board for Public-Carry Regulations, precisely the kind of constitutional commandeering of the democratic process that conservatives and conservative jurists have long lamented in other areas of the law, such as abortion. It would be hypocritical for this conservative court to assume what essentially would be a legislative oversight role over public-carry rights, when conservatives on and off the court have for almost 50 years roundly criticized the court for assuming that same role over abortion rights.”Former Judge Luttig and Attorney Bernstein simply construct a strawman to unceremoniously knockdown.The U.S. Supreme Court isn’t operating as a “National Review Board for Public-Carry Regulations,” when deciding matters of Constitutional law. That IS precisely their Article 3 duty.Apparently, these learned gentlemen have forgotten what they came across during their first-year Constitutional law class: Marbury vs. Madison, 5 U.S. 137 (1803).“It is emphatically the province and duty of the judicial department to say what the law is.”This function and the sacred obligation of the Judiciary do not fall to Congress. It doesn’t fall to the U.S. President. It doesn’t fall to State and Local Governments. And it sure as hell doesn’t fall to an uninformed, angry mob.It is the duty solely of the U.S. Supreme Court, to interpret the law—to say what the law is.Yet, Luttig and Bernstein would dare deny the Court its Constitutional function. They don’t just suggest this. They blurt it out,“Conservatives, textualists and originalists believe — or should — that the Second Amendment ought not be interpreted to take from the people and their legislatures the historical and traditional authority they have had for centuries to decide where handguns may be carried in public and in public places.”They continue,“Historically and traditionally, legislatures have restricted the public carry of guns, from medieval England to colonial times, through the founding and to the present day. In fact, many of those early laws were more draconian than our own, banning the carry of guns in public places generally, without offering any exceptions like those New York provides for people who can demonstrate an actual need to defend themselves. Those restrictions extended far beyond public locations with a large and continuous armed police presence, such as government buildings and courthouses, to almost any public place — fairs, markets and indeed wherever a person would ‘go armed.’”Reliance on historical anecdote—and Luttig and Bernstein do not offer support for any of this—has limited prudential value at best. That is why originalists do not place much stock in it, and should not.In the first instance and in the final analysis, one should go to the written language of the law:The Second Amendment says,“A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms shall not be infringed.”Where in the language of the Second Amendment is there any statement of limitation on the exercise of the Right?The danger of overbearing Government action is most acute where fundamental rights are involved. Governments must act circumspectly. They rarely do. Government justification for infringing a fundamental right on the pretext of pragmatic expediency must be scrutinized by the Courts.New York gun legislation is a case study of heavy-handed action by the Government. The Second Amendment Right is converted into mere privilege and one that the Government rarely grants to the American citizen.Luttig and Bernstein apparently aren’t even aware that, in blindly defending the New York City handgun licensing scheme—requiring the applicant to show actual need before obtaining a concealed handgun license—they fail to see the inherent absurdity of it.Why should a person be forced to proffer a reason to a Government official that one’s life is worth defending with the best means available for doing so—a handgun? It presupposes one’s life isn’t really important. And, the entire exercise comes down to an arbitrary, perfunctory, and often futile and expensive ordeal for the citizen; one inviting corruption and unfair dealing of which the NYPD Licensing Division is notorious.Lastly, Luttig and Bernstein have the audacity to give advice to Associate Justice Amy Coney Barrett, attempting to thrust her own words back upon her. They assert,“Two years ago, then-Judge Amy Coney Barrett called English and founding era statutes ‘the best historical support for a legislative power’ to restrict firearms.”The case Luttig and Bernstein refer to is Kanter vs. Barr, 919 F.3d 437 (7th Cir. 2019).But, what Justice Barrett said, in her dissenting opinion, apropos of that passage, in full, is that:“The best historical support for a legislative power to permanently dispossess all felons would be founding-era laws explicitly imposing—or explicitly authorizing the legislature to impose—such a ban. But at least thus far, scholars have not been able to identify any such laws. The only evidence coming remotely close lies in proposals made in the New Hampshire, Massachusetts, and Pennsylvania ratifying conventions.”Justice Barrett wasn’t advocating for use of historical support for legislative power to curb the exercise of one’s Second Amendment right. On the contrary, she was claiming the jurist should be wary of relying on it.In the case before the Seventh Circuit, Judge Barrett argued for the reinstatement of Plaintiff Kanter’s right to own and possess a firearm; not to dispossess him of it. She concluded her dissent, saying,“Kanter is a first-time, non-violent offender with no history of violence, firearm misuses, or subsequent convictions,’ and he is ‘employed, married, and does not use illicit drugs, all of which correspond  with lower rates of recidivism.’ Absent evidence that Kanter would pose a risk to the public safety if he possessed a gun, the governments cannot permanently deprive him of his right to keep and bear arms.”Luttig and Bernstein should have given proper context to Justice Barrett’s dissenting opinion in Kanter, or have shown her the courtesy to refrain from quoting her at all.______________________________________Copyright © 2021 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.            

HALBROOK’S “THE RIGHT TO BEAR ARMS” IS MORE THAN A SCHOLARLY TREATISE, IT SERVES AS A WARNING: A NATION PRESERVED OR A NATION EXTINCT

By Roger J. Katz, Co-FounderArbalest Group, LLCMany Americans know Stephen Halbrook as a foremost legal expert on the Nation’s Second Amendment. It is a designation richly deserved, and his latest book, “The Right To Bear Arms,” couldn’t come at a more opportune and pressing time in our Nation’s history as the American people find themselves, at this moment, at a most perilous crossroads.The central theme of Halbrook’s comprehensive, well-researched book is that the Second Amendment of the Bill of Rights of the U.S. Constitution is the linchpin of a free Constitutional Republic and of a sovereign people.Since the exercise of the “Right to Bear Arms” is the foundation for a free Constitutional Republic and a sovereign people, then the only reasonable inference to be drawn from a reading of “The Right To Bear Arms,” is that our Nation cannot continue to exist as a free Constitutional Republic with an American people as the sole and ultimate ruler of their Government, absent robust exercise of the right codified in the Second Amendment.Exercise of the Right to Bear Arms is, then, not merely useful to the preservation of the Nation as a free Constitutional Republic and to an American people as the Nation’s sole sovereign, it is intrinsic to and therefore essential to the maintenance of both. Halbrook knows this, and his book is a forceful voice in the assent of this point.Those forces intent on destroying a free Republic and a sovereign people know this too. That’s why they seek unabashedly and with single-minded, cold, callous intent to remove the Right from the Nation’s lexicon; to eradicate the Right from the U.S. Constitution; to erase the Right to Bear Arms from Americans’ ancestral memory.This isn’t mere supposition. It is fact. It is part and parcel of an elaborate, diabolically conceived, meticulously crafted, and assiduously implemented campaign of those elements dead set on destroying American society as it presently exists and a free Republic as the Constitution mandates. This concerted campaign of destruction is being carried out by seditious actors both inside Government and outside it. In the desire to achieve their goal, they are deliberately fomenting discord and dissension among the American people. They may talk about unifying Americans. They intend the opposite.Through a massive and unprecedented campaign of psychological conditioning and manipulation of Americans’ thought processes, mass confusion ensues. That is their intention. That is the hoped-for result. And, if they are successful, hysteria and mass psychosis will result. That will lead inevitably, inexorably to societal discord and upheaval, complete societal collapse, and thence to the dismantling, dismemberment, and dissolution of a free Constitutional Republic.Media propagandists are relying on intellectual naivety to warp, subvert, and corrupt the innate moral goodness of Americans, filling their minds with bankrupt political and social ideologies of Collectivism, Multiculturalism, and Moral Relativism, with the aim of creating in the American psyche, a marked disdain for, and even abject hatred and abhorrence of the Nation’s rich cultural history, heritage, and Judeo-Christian ethic.It is in this frame of heightened acuity to the imminent danger facing the Nation and its people, that Halbrook’s book, “The Right to Bear Arms,” takes on added importance.Halbrook captures well the imminent peril that besets the Country through the words that comprise the subtitle of his book. He poses the question:“A Constitutional Right of the People or a Privilege of the Ruling Class?” The question, although merely rhetorical to Americans who cherish the Right, would be considered pertinent to those who don’t cherish it.Framing the subtitle of the book as a question rather than as an exclamatory sentence is no accident or mere afterthought.By posing the subtitle as a question Halbrook tells Americans they have an important—indeed, crucial—choice to make today, just as the framers of the Constitution had a crucial choice to make almost 250 years ago, when, after having emerged victorious after a hard-fought war for independence from tyranny, they found themselves faced with a new, similarly arduous task: hammering out the form of the central Government of the new Nation—the form of the U.S. Government—a “Federal” Government that would not eventually transform into a hideous, rapacious tyrant like the one they fought gallantly and ferociously against, and, surprisingly, to both their British adversary and other nations, to their foe's embarrassing, ignominious, and thorough defeat.The answer to the question, to whom does the Right to Bear Arms apply, was clear enough to the founders, but it was the import of the question that lay at the heart as to why the Right was etched in the Constitution. The framers of the Constitution had to acknowledge that the sanctity and well-being of a free Constitutional Republic and the sovereignty of the American people would rest, ultimately, less in the checks and balances, placed in the Articles of the U.S. Constitution, demarcating the distinct and limited roles of each of Three co-equal Branches, and more, much more, in the incorporation of the “Right to Bear Arms” in the Constitution’s Bill of Rights.And therein rests the singular importance of Halbrook’s latest book, “The Right To Bear Arms.” The main title of the book serves not only as an apt, brief descriptor of the nature of the content of the book, but operates as the raison d’être for the author’s expenditure of significant time and effort to write it.Halbrook’s book is  well-researched, thorough, and yet markedly readable and it serves as a cohesive, coherent, and comprehensive, response to those academicians, news and media groups, members of Congress, bureaucrats, and Billionaire funded, organized, “grassroots” organizations desirous of forsaking a free Constitutional Republic, in favor of a form of Government that serves what the founders of the Republic sought fervently to avoid: the interests of privileged, wealthy aristocrats, a few “elite.” Such an idea was anathema to the founders, as Halbrook makes plain.The “Right of the people to Bear Arms” is inextricably tied to the fate of the Country.The question pertaining to whom that Right belongs that might seem rhetorical to Americans in the past, and that would seem so to tens of millions of Americans alive today, as well, who hold dear to the sacred and natural Right of the People to Bear Arms, is perceived, though, as a legitimate question to many millions more Americans: those millions who, unfortunately, have fallen prey to the endless stream and chatter of media propaganda.Those brainwashed Americans view the Right to Bear Arms as a thing archaic; old-hat; anachronistic; something that may have been meaningful to Americans living in a bygone era of our Nation’s history, perhaps, but a “Right” that has no relevance today; a “Right,” indeed, that should be thought of merely as a mere privilege at best; something to be taken as detrimental to the kind of America the destroyers of a free Republic wish to bring about if such “Right” were continued to be exercised en mass.It is to this group of Americans, especially, that Halbrook’s book, “The Right To Bear Arms,” should be required reading, quite apart from lawyers, jurists, and legal scholars; professors of American history, military history, sociology, anthropology, and political science; and those lay members of the public who do cherish the Right to Bear Arms, and who would obviously be most drawn to Halbrook’s new book.Lest there be any mistake, Halbrook makes clear at the outset to whom the inviolate Right to Bear Arms belongs. He writes,“The Second Amendment refers to ‘the right of the people.’ And who are “the people?” The term ‘people,’ was defined as ‘persons’ in general . . . and the people was defined as ‘the commonalty,’ as distinct from men of rank. . . .”The Right to Bear Arms, as understood by the framers of the Constitution, belongs, then, to the common people. It is not a thing to be enjoyed by and was never conceived by the framers of the Constitution, as a thing accruing to the benefit of a privileged few.The underlying theme of the book is thus directed to the commendable task of staking a reasonable, rational claim in whom this “Right to Bear Arms” belongs when legions of naysayers that control the Nation’s many airwaves, newspapers, periodicals, and social media organizations and enterprises, today, say otherwise.But Halbrook also makes the pertinent point that the“Right to Bear Arms” always existed in the commonalty. It isn't something arising only through ratification of the Second Amendment. The Second Amendment codifies the Right to Bear Arms. It isn't the progenitor of it. The Right precedes the embodiment of it in the Second Amendment.The framers of the U.S. Constitution understood that the “Right to Bear Arms” is a PREEXISTING RIGHT of the commoner. It was never perceived as a thing “invented” by the framers. Halbrook makes this point explicitly, cogently. “‘The right of the people’ is significant. The term ‘right’ expresses a preexisting right, not a new right invented for the Bill of Rights. To declare that ‘the right’ to do or be free of something shall not be abridged, infringed, or violated presupposes that the right already exits.”But what is one to make of the dependent “militia” clause? Halbrook addresses that question as well, and, cogently and succinctly, lays to rest, any residual notion that some scholars may have, concerning the meaning of the “militia” clause as it appears in the Second Amendment. Halbrook states,“If keeping and bearing arms was a ‘right’ only of the militia when in actual service, the Framers certainly would have so stated. It would have been odd when guaranteeing ‘the right of the people to keep and bear arms,’ had the Framers really meant ‘the right of the militia to keep and bear arms when authorized and activated by government.”Halbrook’s explanation might serve, inter alia, as a tacit and not so subtle remonstration directed to a remark by retired Associate Justice John Paul Stevens who had called at one point in time for outright repeal of the Second Amendment, knowing full well the plain meaning of it. Stevens has also suggested, in the alternative, that the language of the Second Amendment should be modified. In his book, “Six Amendments: How and Why We Should Change the Constitution,” the retired Associate Justice suggests altering the Second Amendment to read, “A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms when serving in the militia shall not be infringed.”The Framers would be aghast at the audaciousness of anyone, let alone a retired jurist, who would suggest tampering with the “Right to Bear Arms” and who would do so blatantly, shamelessly, who would dare deny to the people—the commonalty—the Right that properly belongs to them, only; that exists inherently in them; and must remain always with them; to be exercised by them, in their individual capacity, without prior restraint, constraint, or condition. In fact, Stevens' suggested modification of the Second Amendment would simply reduce it to a nullity. This is something Stevens knows full well, and that is no doubt his intent in calling for a modification of it, in lieu of outright de jure repeal of it. De jure or De Facto repeal of the Second Amendment doesn't matter to him. He just wants to be done with it, as he fears an armed citizenry no less so than the privileged ruling elite whom he represents and whom Stevens knows can never successfully corral and thereby restrain and contain the commonalty in whom true sovereignty truly belongs and in whom the founders meant for sovereignty over Nation, alone, to remain.Much of Halbrook’s book details the history behind the Right and serves as an interesting backdrop to the imperative for it. The book makes for a fascinating read that brings us to the present day with the seminal Heller and McDonald case holdings that Halbrook also addresses.At the end of the book, as one contemplates the captivating, indisputable facts detailed in it, one comes to an understanding of why the Right to Bear Arms must belong to the commonalty and must never be wielded by a privileged few.If Americans allow the rhetoric of today to cloud their judgment, this Country will truly devolve into a tyranny of the aristocratic elite, even if that fact is masked in the emotionally charged, false, even ridiculous, rhetoric of the claimed need to repair the damage done to a “racially oppressed victim class” by a so-called “white privileged racial oppressor.” Such is the purport behind the Marxist derived “critical race theory” that the secretive powerful, privileged ruling class has induced a seditious media to thrust into the public domain and onto the psyche of Americans, and such is the purport behind The New York Times' fictional “1619 Project” that has insinuated itself into school curricula across the Nation. It is all a hoax. It is all an elaborate, fanciful fabrication, but it is one carefully cultivated and perpetuated through a dutiful, obsequious media and Congress, permeating throughout society, and lavishly funded by that very secretive, inordinately powerful and wealthy “privileged ruling class” that the founders were most concerned about. And it is this dangerous “privileged ruling class,” the ruling aristocratic elite, that Halbrook informs the reader of, and it is this “privileged ruling class,” against whom the American commonalty must forever be wary. The aim of this “privileged ruling class” is not to unshackle a purported “victim race” but rather to shackle and subjugate the American commonalty in totality, a seeming black oppressed and a seeming white oppressor alike. The founders would have seen through the subterfuge. Their descendants would do well to see through the subterfuge, too.Americans, the Nation's commonalty, must remain true to their heritage or face perpetual subjugation and stagnation; and that will happen if they fall for deceptive, emotionally charged fallacious rhetoric. The Right to Bear Arms must remain, sanctified and inviolate, a preexisting, essential Right inhering within the essence of the commonalty, a thing not be reserved to, preserved by and enjoyed by nor meant to be reserved to, and preserved by and enjoyed by a privileged few elite, who would then convert the Right to Bear Arms into a mechanism of oppression and repression, a mechanism to be turned on the American commonalty to secure the blind obedience of, dominance over, and obeisance from that very commonalty. And therein lies tyranny, regained.To prevent this, the commonalty MUST INSIST on its PREEXISTENT innate Right to Bear Arms. It will lose everything the founders have bequeathed to it, and everything Americans have since fought and died for, to keep, if they don’t insist on their preexistent Right to Bear Arms, endowed to them by the Loving, All-Powerful, All-knowing, and Morally Perfect Divine Creator.It is either this or that: To Keep the Right or Lose The Right for all time. It is THE ONE or it is THE OTHER. It is NOT BOTH nor can it be NEITHER. And there can be no compromise on this, no half measure. IT IS ALL OR NOTHING AT ALL. One sees this clearly enough, and clearly laid out, upon a reading of “The Right To Bear Arms.”____________________________________Copyright © 2021 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.