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WHY DO SO MANY AMERICANS BLINDLY ACCEPT GOVERNMENT AND PRESS STORYLINES
AN ESSAY ON THE DANGERS OF ACQUIESCENCE TO TYRANNY*
{INTRODUCTORY QUOTATIONS}“There is no real direction here, neither lines of power nor cooperation. Decisions are never really made – at best they manage to emerge, from a chaos of peeves, whims, hallucinations and all around assholery.” “It means this War was never political at all, the politics was all theatre, all just to keep the people distracted . . . secretly, it was being dictated instead by the needs of technology . . . by a conspiracy between human beings and techniques, by something that needed the energy-burst of war, crying, “Money be damned, the very life of [insert name of Nation] is at stake, . . . .”“Paranoids are not paranoid because they're paranoid, but because they keep putting themselves, fucking idiots, deliberately into paranoid situations.”~From the Novel, “Gravity’s Rainbow,” published in 1973, by Thomas Pynchon
ARE HISTORICAL OUTCOMES MORE OFTEN A FEATURE OF GOVERNMENTAL KNEEJERK RESPONSES TO CATASTROPHE OR ARE THEY MORE THE PRODUCT OF CALCULATED DESIGN?
Do tragedies in our Country just happen out of the blue or do they happen because someone or something wants them to happen; needs them to happen so they can make a profit off it or to attain some obscure or extravagant goal for themselves but of little benefit to, and more a curse, for everyone else?Take war, or a viral plague, or the wrecking ball of crime in society, and all of the actions of a Government Bureaucrat, or of a Congressional Legislator, or the vacuous words emanating from the mouth of a demented President—burning away all our rights and liberties, and hopes and dreams, in the process, and telling us: “it’s all for a good cause, all for the best;” “we have the solutions to all your problems, and we have your best interests at heart;” “you can trust us; you can trust ME, rely on ME, I have your back.”Does this guy, Joe Biden, mean to placate us? Sure! Does he really expect Americans to believe him? Probably not, certainly not all of us; probably not even most of us. But, so long as he can count on a few of us—a few true believers—that’s all that really matters, doesn’t it?To be sure, some tragedies—in the insurance industry vernacular—are true acts of God. Earthquakes, tidal waves, floods, drought, famine, hurricanes, oh, and the occasional meltdown of a nuclear reactor, and meteor strike. All of these and probably a few more may come to mind. And, yes, some would say that those, too, are by design, if only through indifference.But no sane person could wish for these things to happen. But then, not everyone is sane.There are always a few irrational minds dotting the landscape: a Government Bureaucrat here, a Congressional Legislator there, and a few other sociopaths and psychopaths, here and there, sprinkled and dotted throughout the Land. They are to be found in Press rooms, radio stations, on broadcast and cable news sets, in the halls of academia, in the workplaces of social media and internet companies, in the boardrooms of Commercial and Investment Banks, in the monolithic Federal Reserve Buildings, in the Headquarters of High Finance—all with too much power, and too little moral compunction.But, for most of us, accidents DO happen. And their occurrence cannot be ascribed to, nor ought to be ascribed to, the intentional act of a sentient agent.For, in the happening of these natural catastrophes or technological catastrophes, they are of no discernible benefit to anyone—least of all to those immediately confronted by the full weight of them.But then, there are those tragedies that are manmade—deliberately manufactured or otherwise “allowed to happen,” perhaps with a little nudge, but otherwise with minimum expenditure of money or effort—because, horrible as they are, they do benefit someone or some cabal and that someone or something wants these events to happen, as the tragedy helps speed along their personal agenda.Recall the famous, or infamous, quotation of the acolyte of the silent, secretive “Powers That Be,” Rahm Emmanuel, a former advisor to Bill Clinton, a former Chief of Staff to Barack Obama, and former Mayor of Chicago: “You never want a serious crisis to go to waste. And what I mean by that is an opportunity to do things that you think you could not do before.” See the Youtube video. This wasn't a bit of idle chatter. He meant it. He was deadly serious when he said this. He worked for people in Government who used it, and he likely employed it himself, as Mayor of Chicago.But, what if a fortuitous event, subject to useful exploitation, doesn’t arise?In that case, the agent will set into motion the conditions through which a tragedy or calamity does occur; must occur.And the point of intentionally inflicting pain and horror on innocent people——The point is to evoke an outpouring of grief, followed by anger and resentment, and then rage in the target population. And the sentient agent of the tragedy or calamity proclaims he has a solution—a solution that will deal effectively with it, prevent the recurrence of it, and deal with those responsible for it.Consider the attack on the Nation on September 11, 2000, burnt into the psyche of Americans and referred to by the acronym, 9-11.Some Americans believe this event was engineered from the outside, by the rabid, Islamic Al-Qaeda organization.Others say it emanated from inside the Country by individuals who assisted Al-Qaeda.But whatever the cause, the fact remains that powerful individuals in Government and industry within the Country used the horrific assault on our Country in pursuit of their own selfish, immoral interests and goals, pushing the Nation toward authoritarianism of Government, economic and financial chaos, geopolitical uncertainty, and societal upheaval.How did all these bad things come about? They weren’t accidental.A “Think Tank” comprising a collection of “neoconservatives’ hatched a plan to hurdle the Country back into a perpetual state of war, the details set forth in a paper titled, “The Project for a New American Century.”A war in the Middle East, conceived before the fact of the attack on U.S. soil in A.D. 2000, was sold to the American public as a solution to a national security crisis posed by Radical Islamic Terrorists, after the fact, serving as a useful pretext for the conflagration in the Middle East. The result: turmoil; decades of war, $8 trillion expended, over 7,000 American soldiers, sailors, marines, and airmen lives lost and hundreds of thousands more innocent lives lost, and a vacuum created.On the home front, Americans saw the enactment of the “Patriot Act”—the short deceptive title of a Congressional Act ostensibly to be utilized only against Islamic Terrorists. The Patriot Act is still very much with us.Those wars in Iraq and Afghanistan are over, perhaps. The mischief and devastation they caused are not. But the Patriot Act is still very much with us. In the space of twenty years, the Act has been rejiggered for use against Americans deemed by the Biden Administration to be “Domestic Terrorists.”Some Congressional Legislators demurred. In 2001, over five dozen House Representatives voted against its passage but only one U.S. Senator did so: Russ Feingold, the Democrat from Wisconsin. His concerns and those of House Representatives who voted against the Patriot Act were prescient.Looking back on his lone Senate vote, Russ Feingold stated, on the 20th Anniversary of enactment, in The Nation:“This legislation, rightfully, has long been critiqued for sweeping in unprecedented government surveillance. The anniversary is an opportunity to also reckon with how the Patriot Act distorted our democracy’s checks and balances—and what needs to be done to realign them. . . . The Patriot Act, to me, represented unchecked executive power. Congress was giving authorities to law enforcement that they had long requested, even before 9/11, and was agreeing to do so with minimal oversight built into the system. . . .Suddenly, law enforcement had access to broad swaths of information via roving wiretapping authorities and expanded search warrants. The law also expanded the definition of terrorism, enabling law enforcement to use its new authorities in more instances, including in drug enforcement and to surveil political activists.Compounding the expansion of executive authority, Congress simultaneously agreed to restrict the judicial branch’s oversight of the executive’s use of these new authorities. The provision in the Patriot Act that expanded the government’s ability to access personal records did so in part by creating incredibly broad criteria for doing so. This left judges with little avenue for stopping law enforcement from accessing our library records, medical records, and other private information.” ~Feingold’s article published in the NationThe war on Iraq and the enactment of the Patriot Act did not benefit Americans. And, now decades too late, most Americans see that the proffered solutions to the attack on New York City were unnecessary, counterproductive, and, worst of all, massively injurious to the Nation, the American people, and to the U.S. Constitution.But so wrapped up in the horrific tragedy of the moment were most Americans, including most of Congress, that they allowed their lizard brain to dictate their reaction to a monumental tragedy.It should by now be evident to most Americans that the proffered solutions to tragedies and calamities that strike our Nation negatively also impact our basic rights and liberties, and THAT, undoubtedly, is by design.Thus, even if the tragedy and calamity were accidental, the proposed solution was not. The solution was intended not to benefit the public but to harm it. The tragedy or calamity and the solution to it were both harnessed to achieve the end goal: the subjugation of the American people.The propagandists went to work on the people. They contrived to induce in the populace the false belief that the shedding of and shredding of their natural law rights and liberties benefit them. This could not be easy and would take substantial time. For on some level, Americans would understand the enormity of the assault on their basic rights and liberties, and they would abhor it. The Government propagandists and psychologists and their agents understand this. Thus, the messaging must be subtle, and it must be persuasive.The public must believe in the message. Drastic as the solution is, the public must internalize it, come to understand the need for it—accept it wholeheartedly, unconditionally, heedless of the negative impact of it on their life, on their culture, on the concept of what it means to be an American, to have an American identity. The public must not have second thoughts about any of this. The public must forsake the application of their higher critical faculties, which would compel them to doubt the onslaught of messaging assaulting their brains, mandating the need for the proposed, and recommended solution, the absolute necessity, and propriety of it. But the messaging would not so much as hint at the detrimental impact the proposed solution would have on their life, well-being, and welfare, and that of the Nation.These draconian solutions ostensibly directed at dealing head-on with the Nation’s ills and tragedies and calamities do no such thing. Rather, they strike at the heart of our most sacred rights:
- The First Amendment Freedom of Speech
- The Second Amendment Right of the People to Keep and Bear Arms
- The Fourth Amendment Right to be free from Unreasonable Searches and Seizures
That is the aim of these purported solutions. And, on reflection, one sees that this was the intention all along. This was the Grand Design.“Solutions” to claims of this thing, “Domestic Terrorism,” take the form of censorship of ideas and beliefs that do not conform to Government- sponsored narratives. These are false stories. These are the Government's fairy tales that are projected onto the mind of the target population. It is a Psyops on an industrial scale, in blatant defiance of the Smith-Mundt Act. But did Congress ever formally, and effectively repeal the Act? Some scholars say Congress did just that. See, e.g., the article by Weston R. Sager. But no one doubts that Congress did tinker with the Act. No one can reasonably doubt that Congress, in its infinite wisdom, intended to weaken the Act, thus opening up the American people to Government propaganda, the creation of and manipulation of public opinion, and now it is all nice and legal. And the Government itself handles this but it also operates through private party proxies: the massive social media companies. And other major companies develop policies to cohere with the Government program to control public thought and speech. Recall the Government's creation of the DHS Disinformation Board, designed, so we are told to protect free speech. Really? See the article in Forbes. How does that work—protecting free speech by curbing free speech?The public wasn't amused. Neither were at least a few members of Congress. The Board was quickly and quietly disbanded, at least officially. But the Creation of the Board and its overt presentation to the public is disconcerting, quite apart from the reason for the ostensible reason for it. The Federal Government demonstrates its overt intention to control the psyche of the American public. And the audaciousness of the action demonstrates the Federal Government's contempt for the public. And the Government's action also demonstrates the troubling power and authority the Government now wields over the public; the usurpation of that power, and the growing consolidation of power, in defiance of the U.S. Constitution and its only true reason for existence: to serve the American people. One must wonder if this Disinformation Governance Board is still operating, albeit quietly, in the shadows, underground, as a black program, or an extensive secret Government Office, such as the National Reconnaissance Office (NRO) once was. How many other secret programs has the Government created, say, in the last ten or twenty years, alone? How many of these programs or agencies, offices, or bureaus are directing their energies toward, or were specifically created to target the American citizenry? Is this the stuff of paranoid ideation? But, if so, is this paranoid ideation itself deliberately fostered by the Government and by its proxies to keep the public off balance; in a constant state of confusion, fear, and mental exhaustion?Censoring of dissent, mass surveillance, electronic data collection, and the creation of dossiers on every American, violate the natural law rights codified in the First and Fourth Amendments of the Nation’s Bill of Rights. But the public is told this is necessary to protect the public from “right-wing extremists,” “white supremacists,” and “Christian Nationalists,”—all of whom are potential “Domestic Terrorists.” The idea is ludicrous on its face. Yet many Americans believe this. And, through an insidious psychological conditioning campaign targeting “whites,” many Americans find it easy to accept the boogeyman amongst us—in part by way of viewing it as an aspect of themselves.The propagandists subconsciously induce self-hatred in any member of the Caucasian race for the audacity of having been born “white,” with the baggage of “white privilege” that such birth ostensibly delivers. It is bizarre, but the mind can be conditioned to accept absurdities, casting aside his intellect and faculty for self-reflection. The idea also presumes the notion that so-called colored people are all victims, but that it is somehow good and moral to be born “colored.” Thus, the purveyors of this nonsense offend all races, alluding to all white people as members of a noble, superior white race but one that must be chastized for that presumed nobility and superiority, and, at once, extolling the virtue of being a black or colored person for being born ignoble and inferior. Piggybacking off this, the propagandist induces the public into the false belief that only these “right-wing white extremists” would want to possess a firearm. The subliminal message is that guns, as an invention of white people, are an emblem of suppression of black and colored people. Thus, the propagandist equates and encapsulates in the mind of the target audience, three “bad things”—one, right-wing extremist thought directed at blacks and the“goodness and benevolence of Government” that seeks to protect the oppressed black and colored races from their oppressor; two, firearms, and the ownership and possession of them by white men and sine qua non of the oppressor; and, three, the white race and all things white. All these ideas are taken as axiomatic true, and co-extensive. This in a nutshell is the myth created and generated by those forces both here and abroad, and the vehicle through which they intend to: dismantle a free Constitutional Republic, erase the U.S. Constitution, dissolve the United States as an independent, sovereign nation-state, and reduce a sovereign American people to subjugation, penury, and dependency on the largess of Government. Thus many Americans blindly accept more and more constraints on self-expression and blindly accede to conformity and uniformity in all thought and conduct; and willingly, even cheerfully allow Government to constrain their ownership, possession, and use of firearms even as all of these constraints clearly violate the sanctity and inviolability of individuality of the human will, soul, and spirit, and clearly violate the fundamental and unalienable right of the people to keep and bear arms in their own defense against the predatory animal, the predatory man, and the predatory Government. BUT IT IS THE PREDATORY GOVERNMENT THAT THIS “PREDATORY GOVERNMENT” intends to protect. An armed citizenry with the will and fortitude to resist the enslavement of mind and body is antithetical to tyranny. But, the public isn’t supposed to acknowledge this or even to perceive the extent to which the Government has taken over their dignity and their strength. Thus, they blithely forsake the right of dissent, the right to think for themselves. They lose the resolve to resist encroachment on the sanctity and inviolability of their Selfhood by the Government and they lose the resolve to resist those forces that dare take from them the only tenable physical means to resist the tyranny of Government close upon them: their firearms. Many Americans don't have an inkling of this program to usurp the sovereignty of the American people over the Government; the meticulousness and constancy of it; the insidiousness and scope of the assault on their very Soul by a tyrannical Government and its agents. And this elaborate program of mind control is effective. The will to resist Government control over the mind, the body, and the personal property rights of the individual is dead. One is left an empty husk, the property of the Government to do with it as it will. That is the goal. But many Americans DO RESIST. They are inured to or immune to the propagandists' trickery. It is imperative that a Tyrannical Government take control over the vast stockpiles of weaponry in the hands of the citizenry. The TYRANNICAL GOVERNMENT concocts a SOLUTION for the real their very real PERSONAL PROBLEM, THE ARMED CITIZENRY, by FABRICATING A PROBLEM they then thrust on the public: GUN VIOLENCE.This TYRANNICAL GOVERNMENT, through their propaganda arm, CONVEYS TO THE PUBLIC that the CONFISCATION OF FIREARMS is the PERFECT SOLUTION to THE SCOURGE OF “GUN VIOLENCE.” IT IS ALL A LIE AND IT IS A LIE ON TWO GROUNDS:First, reflect on this idea of “GUN VIOLENCE.” “GUN VIOLENCE” refers to a violent criminal act committed with a firearm. Seen in that light, a gun is merely an implement. And in fact, that is all a GUN IS. It’s an implement. It’s a tool that can be utilized for good or naught. Consider: The propagandists never talk of “KNIFE VIOLENCE,” “VEHICULAR VIOLENCE,” “HATCHET VIOLENCE,” or HAMMER VIOLENCE.” That is discordant. Sure those implements can be used in the commission of violence, and they have been so utilized. But, one would be puzzled by the assertion. For, these implements do have utility for non-violent purposes. One doesn't perceive criminal use of these implements by the psychopathic common criminal, or a raving lunatic as an argument for constraining lawful use of them by others. The aforesaid phrases are misnomers. Similarly, talk of “GUN VIOLENCE” is a misnomer. But, through the consistency and constancy of mass messaging, a person begins to see what the propagandists what a person to see, namely that guns have no redeeming attributes. So no civilian citizen should have access to them. The use of the phrase “GUN VIOLENCE” by the Press, social media, and other propagandists is discordant. But so attuned is the public to it, having heard it incessantly and vehemently, that the public doesn’t realize the singular oddity of the expression. If the desire is to curtail “GUN VIOLENCE,” the solution to that is to remove the perpetrators of CRIMINAL VIOLENCE, not remove, or attempt to remove, a firearm from the hands of tens of millions of Americans who are not the cause of CRIMINAL VIOLENCE. In fact, doing so denies the innocent person the means to protect him or herself against a serious threat.Yet, the propagandist asserts that this thing “GUN VIOLENCE,” would be drastically reduced by reducing the number of guns in the hands of everyone. Yet, firearms in the hands of tens of millions of average law-abiding, rational, responsible Americans isn’t the cause of violence in America. The problem of criminal violence rests with the criminal, not the implement utilized.The merging of “VIOLENT CRIME” or “CRIMINAL VIOLENCE” into “GUN VIOLENCE” serves to draw attention away from the agent of violence and onto the object of violence. That is the purpose of using it, as a propagandist phrase.Consider: This is analogous to the conflating of LEGAL AND ILLEGAL IMMIGRATION. No one is against LEGAL IMMIGRATION. Our Nation’s laws specifically provide for it and posit it as a good thing. ILLEGAL IMMIGRATION is a different matter entirely. ILLEGAL ENTRY into our Country is a crime, and rightfully so. The integrity of our Nation’s borders and the security of our citizenry are sacrificed illegal entry is made into our Country. The Government pretends there is no such thing as “ILLEGAL IMMIGRATION.” But such is the power of propaganda and psychological conditioning that the public fails to recognize the logical absurdity in this and the impossibility of it, and blithely holds in one’s mind a logical inconsistency. THERE IS LEGAL IMMIGRATION and there is ILLEGAL ENTRY. IMMIGRATION CAN'T BE BOTH LEGAL AND ILLEGAL. To avoid a logical contradiction, one has to deny the idea of illegal entry into the Country. But that presents its own problems. Our statutes specifically discuss the crime of illegal entry into our Country. The laws are clear and comprehensive. They haven't been repealed. And if Congress were to repeal those laws, that would be tantamount to denying the existence of the United States as an independent, sovereign Nation with clearly delineated borders. But, the destruction of our Country as an independent, sovereign Nation-State is the agenda of the Biden Administration and, in its actions, it operates as if the Country is indeed nothing more than a geographical landmass, not a sovereign Nation-State.The Biden Administration has sought to strike the words, “ILLEGAL ALIEN” from statute, thereby embracing the idea that illegal entry into the Country isn’t a crime, and certainly not a serious one. But isn't it? The Democrats prefer to embrace the euphemism and legally dubious expression, “UNDOCUMENTED IMMIGRANT.” But such is the power of propaganda and psychological conditioning that the public fails to recognize the absurdity in this holding in one’s mind a logical contradiction.The Press, on behalf of the Government, assists one in promoting this cognitive misdirection sleight of hand and linguistic incongruity by substituting the verbiage “UNDOCUMENTED PERSON” for “ILLEGAL ALIEN.”Second, the use of the phrase “GUN VIOLENCE” in lieu of “CRIMINAL VIOLENCE” or “VIOLENT CRIME” or “VIOLENT CRIMINAL ACTS” serves as a smokescreen. The intent here is to direct attention away from the exercise of the fundamental right of armed self-defense, which the Press and the Government don’t accept as either a NATURAL LAW RIGHT or a legitimate MORAL ACT anyway even though the right of armed self-defense is grounded on the self-evident truth of the survival of SELF. This is embedded in the codification of that natural law right in the Constitution.The insidiousness of the Government’s position is that violent crime—and evidence of the growth of violent crime in the United States—is not important, and, unsurprisingly, there is no real attempt to deal with it. Violent crime, especially in our major urban areas, under the control of Democrats and Soros-sanctioned “Prosecutors,” cavalierly ignore all species of violent crime. It stands to reason, then, that, if the right of self-defense, armed or not, isn’t recognized, then the Government's indulgence in criminal violence would result, and that, in fact, is what has happened and this is what the public sees, and what it suffers under the present Democrat Party-dominated Federal Government and Democrat Party-controlled States and Cities around the Country.Since the exercise of one’s natural law right to armed self-defense is the most obvious SOLUTION to crime in the streets and tyranny of Government, why isn’t this recognized? It isn't recognized because the SOLUTION to VIOLENT CRIME AGAINST SELF BY PREDATORY MAN is also the SOLUTION TO TYRANNY OF GOVERNMENT.The present Federal Government. It will not abide an armed citizenry because THE ARMED CITIZENRY need not and ought not to have to suffer TYRANNY. VIOLENT CRIME, however, is a PROBLEM, but it is not a PROBLEM for a tyrannical Government. So it tolerates the presence of VIOLENT CRIME. Consider the way “Criminal Justice” is handled in the Democrat Party-controlled Cities and States. The SOLUTION for VIOLENT CRIME is easy: deal harshly with it.A TYRANNICAL GOVERNMENT IS NOT CONCERNED OVER THE ARMED CRIMINAL WHO PREYS ON INNOCENT AMERICANS. THE GOVERNMENT'S CONCERN IS DIRECTED TO THE ARMED CITIZEN WHO MIGHT DEFEND THEMSELVES NOT ONLY AGAINST THAT ARMED CRIMINAL BUT AGAINST THE TYRANT GOVERNMENT. THE FORMER MATTER IS IRRELEVANT TO THE TYRANT, BUT THE LATTER MATTER IS OF GRAVE CONCERN TO THE TYRANT.GOVERNMENT perceives the ARMED CITIZEN to be the problem. It does not perceive the common CRIMINAL and occasional lunatic as a problem for it. Indeed, THE VIOLENT CRIMINAL and THE RAVING LUNATIC are serving if unconsciously the goal of the TYRANNICAL GOVERNMENT—the breakdown of law and order to effectuate the demise of a FREE CONSTITUTIONAL REPUBLIC.Thus a TYRANNICAL GOVERNMENT sees the PROBLEM TO BE THE ARMED CITIZEN, who presents a potential if not an imminent threat to the TYRANNY OF GOVERNMENT. THE ARMED CITIZEN IS THEN THE SOLE SOURCE AND CAUSE OF THIS THING “GUN VIOLENCE.”Thus, the TYRANNICAL GOVERNMENT sees that the SOLUTION to the problem THAT IS the ARMED CITIZEN IS THE CONFISCATION OF HIS FIREARMS.But the Government cannot say this. And the Propagandists would never directly assert it even as it is difficult for the Propagandists to avoid alluding to it. But, one need only look to the City of New York, under Mayor Eric Adams, and to the State as a whole, under present Governor Kathy Hochul, to see that their aim is not to curtail criminal violence, but to make damn sure that the average, law-abiding, rational, responsible, American citizen residing and/or working in the City or in upper State New York finds it difficult to impossible to exercise his or her right to armed self-defense.THE REAL TRAGEDY OF CRIMINAL VIOLENCE, CONFLATED WITH “GUN VIOLENCE,” SERVES AS THE PRETEXT FOR THE TRUE GOAL SOUGHT: DISARMING THE AMERICAN CITIZENRY.That is what these Democrat Party-controlled Governments want, and, in the implementation of their policy—their solution to “GUN VIOLENCE”—CONFISCATION OF THE CITIZEN'S FIREARMS is what many Americans see what the Government is doing, and what its real intention is.But, many Americans go along with THIS CONTRIVED SOLUTION to a CONTRIVED PROBLEM, “GUN VIOLENCE,” oblivious to the REAL PROBLEM, perceived by these Government leaders. And that is THE EXISTENCE OF THE ARMED CITIZENRY and the SOLUTION to the ARMED CITIZENRY is the DENIAL OF THE CITIZENS' ACCESS TO FIREARMS.Many Americans understand this. They aren’t fooled by the HOCUS POCUS of the Government and their propagandists. They resist; some vehemently.And for these latter “MALCONTENTS” who refuse to acquiesce to authority, the orchestrators of the CHARADE have an answer for dealing with them too.Those Americans who voice a complaint about the proffered solutions are deemed outcasts. These Americans are ridiculed and reviled by the Government and the Press as “GUN NUTS ” and as proponents of wild “conspiracy theory.” The Federal Government and a compliant, obedient Press have settled on the use of a couple of expressions to describe these perceived malcontents who refuse to go along with the Government agenda. They call them “Far-Right Republicans,” “Ultra-Maga,” and “Mega-Maga Republicans.” One cannot but wonder at the fertile minds of propagandists. But, reference to particular Americans by insulting language is one thing. It is quite another when Government begins to“ WEAPONIZE” its Departments, Offices, Agencies, and Bureaus against Americans that it perceives as DEFIANT, and potential ADVERSARIES to the GOVERNMENT'S USURPATION OF POWER AND AUTHORITY THAT BELONGS TO THE AMERICAN PEOPLE. Government is aware of its unlawful, unconstitutional conduct, and it knows that many Americans KNOW the Government KNOWS it is operating illegally against the RIGHTS AND LIBERTIES of the PEOPLE it is supposed to serve and protect in accordance with the dictates of the U.S. CONSTITUTION.The use of the phrase ‘CONSPIRACY THEORY’ is meant to castigate and demonize Americans. But, this phrase too, just like that of ‘GUN VIOLENCE’ is but one more contrivance. And, the phrase, ‘CONSPIRACY THEORY,’ didn’t just pop, of its own accord, into existence. It has been around for quite some time.The expression was “invented by the CIA in order to prevent disbelief in official Government stories.” See the article by Paul Craig Roberts. But it is an odd phrase, to be utilized in the propagandists' lexicon. For the word, ‘conspiracy,’ is a legal term of art. Blacks Law Dictionary defines the crime of conspiracy as:“A combination or confederacy between two or more persons formed for the purpose of committing, by their joint efforts, some unlawful or criminal act, or some act which is innocent in itself, but becomes unlawful when done by the concerted action of the conspirators, or for the purpose of using criminal or unlawful means to the commission of an act not in itself unlawful.”There IS, then, the CRIME OF ‘CONSPIRACY.’ But there IS NO crime of ‘CONSPIRACY THEORY.’The latter phrase is utilized by propagandists to encourage Americans to along with the official Government narrative lest they be treated like fools. But who really are the fools here? Those who believe the Government's FAIRY TALES or those who challenge them, pointing to the holes in them?The propagandists know well that many Americans seek to avoid public stigma. Many Americans wish to take the easy way out and proclaim their faith in Government and in their agents, refusing to believe the Government would mean them harm, that Government doesn’t have an ulterior motive, and that, at worst, the Government and its agents only “make mistakes” sometimes. Many Americans play the game out of a sense of caution, acknowledging to themselves, if but tacitly that, "YES, WE AMERICANS DO NOW LIVE IN THE SURVEILLANCE, POLICE STATE," AND BETTER IT IS TO RECOGNIZE THAT FACT.Then there are the true believers, those who, like Lemmings jumping off a cliff, blindly accept the nonsense spouted. And, so, with either weak or firm conviction—and with a dollop of fear—with the incessant and noxious messaging daily pounded into them by the legacy Press, and Social Media, operating at the behest of their Government sponsors and benefactors, many Americans accede to the axiom that the Government can do no wrong, just as, in the past, the subjects of monarchs, acceded to the axiom that “the king can do no wrong” (“rex non potest peccare”), i.e., the king can never be capable of intentional wrongful conduct.With the November 8, 2022 Midterms now just hours away as this article goes to publication——“President Biden warned that a Republican-controlled Congress would seek to impeach him.‘I’m already being told that if they win back the House and Senate, they’re going to impeach me. I don’t know what in the hell they’re going to impeach me for. . . .’” ~ Joe Biden delivered a speech at Mira Costa College in San Diego on Thursday night, bemoaning a GOP-controlled Congress. Reported by the Wall Street Journal. Thus speaks the Tyrant, oblivious to or uncaring of his Tyranny.___________________________________*This is a major reworking of the article posted yesterday, October 7, 2022___________________________________Copyright © 2022 Roger J. Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.
NEW YORK’S KATHY HOCHUL DOES NOT SEE PHYSICAL SURVIVAL AS A BASIC HUMAN INSTINCTUAL NEED, NOR SELF-DEFENSE AS A BASIC HUMAN RIGHT. WHY IS THAT?
The most basic instinct of every living thing, from the lowliest creature in God’s creation to the Divine Creator’s loftiest, man, is that of physical survival.No amount of prodding can convince any lowly creature otherwise. And man understands this as well on a basic instinctual level, apart from any reflecting he might do upon it.The act of self-defense is the natural response to a threat to life.All creatures understand this instinctively, as does man. But man understands self-defense also as a normative ethical prerogative, apart from the raw, innate instinct of any living creature to defend itself from mortal danger to the physical self, whether that danger comes from a creature, from another man, or from the tyranny of Government—the last of which poses the gravest danger to physical self and to Selfhood for members of a community.Yet, man, for all his intellect and, oddly enough, because of it, is oddly susceptible to denying the right to self-defense and, thence, denial of the instinctual urge to self-preservation.The framers of the U.S. Constitution engendered to extoll the absolute right of individual self-defense, knowing that the strength and fortitude of a Nation come from recognition of the sanctity and inviolability of each individual over that of the collective group. Once a Nation loses recognition of the singular importance of the right of the individual to be individual, the Nation has, then, within itself, the seeds of its own demise.The Bill of Rights of the United States Constitution, unlike such document of rights that other nations might have, recognizes the singular importance of the individual over the group.The framers of the U.S. Constitution sought mightily to avoid any intimation of the United States as akin to an ant colony or beehive, where commonalty counts for naught, where only the life of the ruler, King or Queen, and the lives of the immediate entourage of that ruler are sacrosanct and inviolate. The framers conceived the United States as a free Constitutional Republic, in the purest sense, not as a meaningless jumble of words. In our free Constitutional Republic, Government serves the people.The American people themselves are sovereign rulers over the Government. But this idea is anathema to those transforming our Nation to tyranny. Unsurprisingly the agents of the Nation’s destruction have implemented policies designed to curb the exercise of natural law rights, especially those that pertain directly to the recognition of the sanctity and inviolability of Self.The adoration of “Selfhood” in the United States embodies the sanctity of one’s physical self, to be sure, but includes and transcends that basic right to the sanctity of one’s inner Self: his Psyche, Spirit, and Soul. That is consistent with the love the Divine Creator bestowed on man.But, the Destroyers of our Nation will have none of that. They do not accept. this. Such is their disdain for the Divine Creator and his Creation that they dare impose Godhead upon themselves and demand that Americans worship them, a false idol.The right of armed self-defense, in the United States, through the codification of the natural law right in the Second Amendment of the Bill of Rights of the Nation’s Constitution, is not of a different species from the general notion of self-defense, but recognition of, and acknowledgment that the Government cannot lawfully deny to a person the best means available to preserve his life and well-being. The natural law right of armed self-defense also embodies the natural law right of Selfhood—THE RIGHT OF THE INDIVIDUAL TO BE INDIVIDUAL.The two rights—the right of free speech and the right of the people to keep and bear arms work in tandem to exemplify the sovereignty of the American citizen over the State. The expression of those ideas, i.e., the exercise of them, is the source of our Nations’ strength and success.The attempt to emasculate these rights serves only to weaken the Country from within.Ruthless, malevolent, forces at work today both in our Federal Government and in many State and local governments, and through their agents in the private sector have attempted to dampen and restrain the exercise of the right of expression of thought and the right of armed self-defense. The reason to do so is plain: to weaken the Country.And the policy decisions giving rise to the slow strangulation of this Country are not difficult to ascertain. The results are prevalent and unmistakable:Destabilization of Society and Confusion and Demoralization of the American People.To deny an American citizen the natural law right to defend Self is to deny both the sanctity of the American’s Life, Spirit, and Soul, and to break down the Security of a Free State.Rampant crime in our major urban areas is endangering both.Unfortunately, the jurisdictions with the worst possible violent and property crime problems are also those that do not recognize the right to armed self-defense. This means, by logical extension, such jurisdictions do not acknowledge one’s instinct for the unalienable right to self-preservation, individuality, and the safety and security of the community. This should be self-evident. But, it isn't.How far removed is this radical Collectivist Federal Government and the radical Collectivist State and local governments that adhere to and proselytize to the masses an alien set of tenets, precepts, and principles—antithetical to those expressed in our Constitution? Truly beyond all imagining. But through the application of destructive policies, incrementally, many Americans are oblivious to the true extent of the destruction of our Nation.The Biden Administration, along with the Democrat-Party-controlled Congress, and Democrat-Party-controlled State and local governments, following the Administration’s lead, fail utterly to acknowledge or even to recognize the natural law right to self-defense, neither armed nor unarmed, and they even constrain the police from providing a modicum of protection for the community.A radical Democrat Party-controlled Federal Government and Democrat Party-controlled state and local governments have as a matter of policy chastised, handcuffed, shunned, demoralized, discredited, and even debased community police forces and traditional community policing. As a result, police have left in droves, in cities around the Country, and their ranks, are difficult to fill.Those police officers who remain on active duty can do little, to protect the community, given the policy and legal constraints now infecting traditional policing.The police often are not permitted to arrest lawbreakers who commit property crimes and even violent crimes. And when or if they do, the criminal justice system immediately releases these miscreants. That frustrates the police and endangers the community.As for the psychopathic criminal element and the psychotic maniacs who perpetrate violence, they have taken notice of the Governmental policy changes that not only tolerate destructive behavior but actively encourage it. The results are immediate and dire, impacting not only major urban areas but surrounding suburban communities as well.Take New York City. The present Democrat Mayor, Eric Adams, is ineffectual. But those New York City residents who voted for him bear responsibility now that he is in office and remains there. But every New York City resident pays the price for that.And then there is New York State. The unelected Democrat Lieutenant Governor, Kathy Hochul, who took over the reins of Government when the Democrat powerbrokers had tired of Governor Andrew Cuomo, forcing him to resign, bears singular responsibility for the carnage occurring throughout the State. Yet, she is dismissive of it and disparaging of those who dare call her out for it. The results are not surprising.New York State and its largest City, the Financial Capital of the Country, has hemorrhaged residents, 1.4 million people since 2010, and has, concomitantly, lost substantial tax revenue, further compounding the problems of servicing the State. See spectrum news article.And the website, the center square, reports:“The Internal Revenue Service this week released more troubling data for New York, with the federal agency showing more high-earning taxpayers leaving the state.Tracking returns filed in 2019 and 2020 showed that 479,826 people left New York for another state or country in those years. Over the same timeframe, just 231,439 people moved to the state. That means the state suffered a net loss of 248,387 residents.And, of course, those people took their money with them. The IRS figures show the moves generated an economic exodus of more than $19.5 billion.”This loss of population and concomitant revenue did not bother Andrew Cuomo.Back in 2014, Cuomo exclaimed, as reported by the New York Post, that he——“. . . has a message for conservative Republicans—you don’t belong in New York.Cuomo said Friday that members of the GOP with ‘extreme’ views are creating an identity crisis for their party and represent a bigger worry than Democrats such as himself.’‘Their problem isn’t me and the Democrats; their problem is themselves,’ the governor said on Albany’s The Capitol Pressroom radio show.‘Who are they? Right to life, pro-assault weapons, anti-gay — if that’s who they are, they have no place in the state of New York because that’s not who New Yorkers are.’”But, even at that time, well before the ravages the CCP China COVID pandemic unleashed on the Country and the world, severely weakened the world’s economies, Cuomo carefully, added, at the end of his 2014 diatribe,“. . . moderate Republicans, such as those in the state Senate, ‘have a place in their state.’Cuomo hammered Republican activists whose views he said were out of step with the majority of New Yorkers and said the party has to back moderates to have any hope of winning seats in this fall’s elections.‘You have a schism within the Republican Party,’ Cuomo observed. ‘They’re searching to define their soul. That’s what’s going on . . . It’s a mirror of what’s going on in Washington.’” Id.Andrew Cuomo was mindful of his words and the threat of lost revenue if many took him seriously and left the State. So, he carefully avoided ostracizing Republicans simply for being Republican.But eight years later, Democrats now see all Republicans as beyond the pale, after the Party threw Liz Cheney and Mitt Romney into the dustbin.Liz Cheney is someone best left to memory. She will always be remembered for serving as a flunky, on behalf of Democrats, for Pelosi’s absurd and nauseating January 6 Panel. See recent October 23, 2o22 Washington Times article. Romney, though, is more dangerous. And, he recently, infuriated Senate Republicans for refusing to endorse Mike Lee’s reelection bid in 2022. This could jeopardize a Republican Senate majority in November. See the article in Breitbart. Romney supports the faux Republican, Ed McMullin, running against Mike Lee. See the article in the Federalist.Apparently seeing that Republicans are not going to play “pretend Democrats,” Hochul, taking her cue from the Neoliberal Globalists, treats all Republicans now as persona non grata, and, in so doing, forsakes Andrew Cuomo’s simulacrum of tact and commonsense.With Eric Adams standing next to her, as a crutch, she unleashes a torrent of invective and contempt against those New Yorkers whom she cannot influence and therefore does not trust—every Republican. She will not take her cue from Cuomo, who attempted to distinguish, even if only for show, the so-called “moderate” and therefore “good” Republicans, from the immoderate bad Republicans whom Biden refers to as “MAGA” Republicans. See the article in the New York Post.“Gov. Kathy Hochul, who hasn’t proven shy about issuing orders, had one for the state’s Republicans this week — all 5.4 million of them: ‘Just jump on a bus and head down to Florida where you belong, OK?’ she said. ‘You are not New Yorkers.”If you can move beyond the frankly disgusting political partisanship and intolerance, her message is fiscally irresponsible, even dangerous. The governor probably already knows this, but the state’s extensive public sector is heavily reliant on personal income taxes paid by residents, and with nearly $14 billion in projected budget gaps over the next five years, it can’t afford to lose any taxpayers, let alone 5.4 million of them.The Empire State has already lost 1.5 million residents in the past decade, and there’s no sign of that trend letting up. In fact, more than 350,000 New Yorkers relocated during the 12 pandemic-plagued months leading up to July 1, 2021.”Florida will be more than willing to oblige Hochul. Her loss is Florida’s gain, both in American citizens and in revenue. See the article in the center square.“New Jersey and Florida were the biggest beneficiaries. More than 84,500 people moved from New York to New Jersey and took $5.3 billion. By contrast, only 37,127 New Jersey residents moved to New York and brought $2.2 billion in income.The numbers were even starker between New York and Florida. Over the two years, 71,845 New Yorkers flocked to the Sunshine States and took $6.4 billion. Meanwhile, 26,902 former Floridians moved up north. Those individuals had a combined income of $1.2 billion.”Hochul would rather lose votes and retain her status as a puppet for the Neoliberal Globalists who fund her campaign for Governor against Republic Lee Zeldin than admit that maybe she should think more for her State and for the Country than for her own personal lust for power, kowtowing to interests that don’t cohere with those of the Country and the citizenry.If Hochul spent more time doing something productive about the out-of-control property and violent crime problem and acknowledged the fundamental and unalienable right to armed self-defense, she might garner millions of votes that she now has irretrievably lost, endangering what, months ago, she took for granted, have assumed her victory at the polls a sure-thing, a done deal.New York City, unfortunately, must contend with Eric Adams for three more years. But New York residents need not suffer Hochul. They can send her packing on November 8, and, for the sake of the State and the Country, let’s hope she goes. That will place Mayor Eric Adams in an unenviable position. Governor Lee Zeldin won’t be in his corner.
HOW IS IT THAT AMERICANS ALLOW THEMSELVES TO BE LED BY POLITICIANS WHO SEEK THE DESTRUCTION OF THE REPUBLIC, THE U.S. CONSTITUTION, OUR SOVEREIGNTY, OUR HISTORY, HERITAGE, CULTURE, AND OUR ETHOS?
Unscrupulous politicians, aided by an army of malicious “loudspeakers” seduce much of the public to deny the horrors they see around them or convince the public that better times are just around the corner.The Destroyers of a free Constitutional Republic know this. They have convinced many Americans they represent all that is good and right and proper for America—all in pursuit of shameless goals: the dissolution of society; the destruction of a sovereign, independent Nation; and subordination of a free and sovereign people, to the dictates of a tyrannical government.In those pursuits they have brought devastation to the Republic:
- The upheaval of our Nation’s institutions;
- Promotion of moral decadence and degradation even unto the Nation’s seed corn;
- The psychical malaise of the public soul and psyche;
- The deliberate inception of physical violence and economic strife;
- The insinuation of alien cultures and influences upon Americans;
- Graft and corruption in the public and private sectors of an unprecedented scale;
- incredible wastefulness of the nation’s tax dollars;
- The physical opening of the Nation’s borders to over five million illegal wayfarers looking for handouts, and with no end in sight as they keep coming—a tidal wave of disease and dependency the American public can ill afford; and,
- Expensive foreign escapades, both extravagantly expensive and extraordinarily dangerous to the well-being of the Nation and the world.
A veritable hailstorm has overtaken this Country. It has progressed subtly at first, but it has gathered steam and it is undeniable. Yet, for all the horror that Democrats have unleashed upon us, and that all too many Republicans have placidly acceded to or even actively conspired in, Americans are contemptuously treated to incomprehensible messaging.The horrors unfolding are dismissed out-of-hand, blatantly denied outright, or extolled as good and proper: the necessary growing pains for a better America and a better world, we are told. It is a damnable lie.Still, Americans are urged to conform actions and thoughts to the dictates of those who would destroy both them and the Country.Too few people remain alive today who would remember the Pied Piper of Hamlin, Franklin Delano Roosevelt. His Presidency should be studied. He sought to turn the Nation into a Socialist welfare State. How did that come about?Manipulation of public thought existed at that time, no less so than today. And it came by way of a composer’s catchy jingle coupled with a songwriter’s sprightly lyrics, and eloquently sung by a popular jazz singer and soon, as hoped and expected, became a useful campaign slogan: “Happy Days Are Here Again.”The public bought into the lies and voted into Office a man who sought to turn the Nation into a massive socialist enclave.For anyone who cared to notice, the propagandists had demonstrated the effectiveness of mass conditioning on the national stage, notwithstanding that, back then, during the first third of the 20th Century, the world only had radio and newspapers and a smattering of periodicals to convey the Socialist messaging to a large audience.The Biden Administration's goals for the Country are the same as that of FDR, whom Biden emulates, and has not disguised that fact. See the article in the Hill.But tools for mass psychological conditioning, although in their infancy, along with the means for delivering those devices, although rudimentary by today’s standards, were still effective in seducing the masses.How far we have come. Today’s propagandists have available to them sophisticated tools of neurophysiological and neuropsychological conditioning, and with devices like smartphones, now ubiquitous, they have the means to deliver the messaging to the masses instantaneously.The immolation of American society is at hand, and it is indisputable, but many Americans are blind to it or are otherwise resigned to it. A few, even, are on board with it; relish the extinction of the United States as a free Constitutional Republic, favoring a stateless geographical region, open to millions for the taking. Have they considered what that might do to their own welfare? Or are they too far gone to even care?Rising, raging violent crime, especially in our major urban cities, is emblematic of destruction.How can rational Americans be cavalier about this?How is it that the public allows this to exist?How is it that Americans have a predilection for voting into Office—undoubtedly through the help of massive electoral subterfuge—deceitful leaders: seen in the mayors of cities, governors, and legislators of states, and in the Nation’s Congressional leaders, including a manikin in the highest Office of the Land?At some level, every American must know the Country is dying from within, even as much of that “assistance” is coming from ruthless forces from the outside.Many Americans, resigned to this, accept it. Several others have deluded themselves into the belief that matters will correct themselves of their own accord. And a few soulless types relish the demise of the Country.New York is a testbed of denial. Severe property crime and violent crime are rampant.The New York Governor hopeful, Lee Zeldin, has made the problem of crime a linchpin of his campaign. And notwithstanding all the money at Hochul’s disposal, she must contend with this upstart who is embarking perilously close to her domain.To be sure, New York, and especially New York City, has traditionally supported liberal, left-wing candidates. But the extent and scope of crime are now affecting too many New Yorkers, and even a dollop of wishful thinking is not sufficient to mask the seriousness of it.Hochul is compelled to admit the fact of it, to her dismay, and she is not happy to do so, for that means she plays into Zeldin’s strong suit and in accordance with his rules, his game plan, and that pains her to do so. To do so is also an admission that Zeldin is correct, and that weakens Hochul's campaign, and therefore weakens her standing as the preeminent candidate who should be setting out the pressing issues for consideration. See the article on law enforcement today.The entire House of Cards the Democrats carefully constructed is in danger of collapsing—across the Country. Could it be any other way? Even with their almost total control of messaging and of communication resources across the Country, how can these toadies of the wealthy, powerful, ruthless Neoliberal Globalists and of the out-of-control Neo-Marxist cultists, together with the absurdities of socio-political and economic Collectivist ideology and bankrupt normative ethical systems grounded in utilitarian consequentialism that view morality in terms of group dynamics, instead of individual will, motive, and need, honestly expect Americans to discard the precepts of our Constitution and over two thousand years of Christian deontological ethics extolling the sanctity of each individual human soul, and the self-evident truth of an omnipotent, omniscient, omnipresent, morally perfect, and benevolent Divine Being for an irrational belief system—one that, both in logic and in its effects, is contrary to the well-being of Americans and the Nation? It is the height of arrogance and erroneously presumes that mass psychological conditioning will win the day over one's deep, abiding innermost thoughts bespeaking the nature of right and wrong, on an elemental level, and of the inviolability of one's Being as a creation of God.Notwithstanding propagandist control of most communication venues, they have heretofore demonstrated little that can be deemed a success, and have found few converts to their cause and to their way of thinking. They have constructed narratives and manufactured false issues out of whole cloth: narratives and the issues concerning racism, climate change, abortion, and “green energy.” They have buttressed and magnified these ludicrous narratives and issues and fabricated an equally ludicrous new dogma—a veritable religion—to push these idiotic narratives and false issues to the fore, around which they seek to replace our culture with the new one: “Diversity, Equity, and Inclusion.” They have few takers.Concomitant with this, the Democrat toadies of the Neoliberal Globalists and Neo-Marxists have also sought to deemphasize issues that are critical to the strength and well-being of the Country and its people. These include the depletion of our energy reserves, runaway inflation, wasteful government spending, engaging our Nation in dangerous, wholly unnecessary military escapades, and systematically dissolving the integrity of the Nation’s geographical borders. But these issues are less policy, per se. Rather they are the accumulated effects of bad policy that beg now for solutions. And the solutions must come from Republicans. There is much work to be done to mend the corruption wrought by the Biden Administration, and by a Democrat-Party-controlled Congress, and by corrupt Democrat-Party-controlled State and municipal governments that have taken their cue from a despicable, despotic Federal Government. The responsible people must be investigated and brought to justice.The profound decay and ruin that has occurred throughout our Nation and on so many levels will take time to rectify. And to do this Americans must understand that the disintegration of our history, heritage, culture, ethos, and strength is not the result of mere ineptitude. Would that it were so. No! The decay and ruin are deliberate. They are the aims and goals of ruthless forces both here and abroad that have taken over the Democrat Party. They have taken over many of the agencies of the Federal and State Governments and many major businesses. They have taken over the Press and many of the Nation's institutions. And they seek to corrupt the minds of Americans: men, women, and even children. No one is safe from the corruption these ruthless, malevolent, malignant forces have perpetrated. Corruption has permeated all of America. Most Americans know this intuitively, innately, as well, and experientially. But, Americans feel powerless to do anything about this. And that, feeling of powerlessness, contributing to societal malaise is also by design. Americans must regain inner strength to do battle with the corrupters of our Nation.Failure of Americans to take charge of their life and national destiny will result in the further crippling of the United States. In a weakened condition, the Nation is inexorably, inevitably, susceptible to complete, and irrecoverable societal collapse. That means the Nation will cease to exist as an independent nation-state. And with that, the remains of the Country can be easily merged into a neo-feudal political, social, and economic world empire, ruled by an “elite “ few who, alone, will benefit from this. That is the endgame. That is what Trump saw, and that is what Americans saw who voted for him. And he sought to prevent the decay; to halt it; and then to turn the Country around. and, for a time, he did. That explains why Democrats, from the corrupt, demented Toady in Chief, Joe Biden, on down, have attacked Americans who supported Trump. That is why Democrats attack the slogan and policy goal, "Make America Great Again." They treat it as if it were an obscenity.Democrats have also sought to erroneously conflate matters that should not be conflated. This is best exemplified in discussions of immigration/naturalization: Illegal excursions into our Country by millions of people around the world. Illegal entry by millions of people is not equivalent to legal immigration. The U.S. already takes in more people legally than any other Country on Earth. And naturalized citizens resent, justifiably so, those millions who get a free ride into the U.S. Democrats. Democrats have consistently faulted Trump for his immigration stance, claiming erroneously that Trump was against immigration. He wasn’t. He never said that. What he did say was that he is against “illegal immigration.” But, for Democrats “illegal entry” into the Country is subsumed in “legal immigration.” That is inconsistent with both logic and law. But no matter. It is also odd to consider that ten to twenty years ago, Democrats, themselves also attacked illegal entry into our Country. That seemingly miraculously changed. What caused this sudden about-face?Democrats' control of the Press and social media gives the illusion of credibility to their narrative fiction. But, the result is devastation to the health of the Country. How do we rid ourselves of millions of illegals in our Country in the space of two years, with tens of thousands or hundreds of thousands more pouring into the Nation every month? The short answer is, we can’t. Not easily. And that’s the point. They’re here to stay.And Democrats conflate violent crime, which they tolerate and even enable, with guns. They refuse to accept the fact that the right of the people to keep and bear arms, a natural law fundamental right, that Democrats loathe and wish to eventually outlaw. It is not by mistake that Progressive or Marxist Democrats, such as the present Governor, Kathy Hochul, remarks erroneously and absurdly that crime is simply a function of guns; ergo “criminal violence” reduces to “gun violence.” Kathy Hochul and all Democrats routinely, indeed, invariably eschew the phrase “criminal violence” in all of their remarks. They always use the expression “gun violence.” For, it is guns, in the hands of tens of millions of law-abiding citizens whom the Democrats wish to abolish, not criminal violence which serves their end goal to destabilize society, thereby making way for the dismantling of the United States as a free, sovereign, independent, Nation-State. The soci0-political regimes to which they seek to attach the remains of the U.S., merging the remains of the U.S. in an amorphous neo-feudal empire, do not, and never did recognize armed self-defense as a fundamental right. The Progressive, Neo-Marxists, and Neoliberal Globalists intend for our laws, rights, and jurisprudence to mirror the "Convention for the Protection of Human Rights and Fundamental Freedoms" adopted by the Council of Europe and the loose "EU Charter of Fundamental Rights" as adopted by the European Union. These all reflect and cohere with the "Declaration of Human Rights" promulgated by the United Nations. Notable in its absence in those documents is any reference to the right of the people to keep and bear arms in their own defense and to thwart tyranny. In fact, there is no mention even of a general individual right of self-defense. position papers of the UN. Any reference to a notion of self-defense is limited to that ascribed only to nations, who have a duty—more in the nature of a prerogative—to protect their native populations. See the Arbalest Quarrel article, dealing with this, titled, "Tyranny, Fundamental Rights and the Armed Citizen," posted on December 2, 2021.The concept of individual rights is reduced to a seemingly noble but, in analysis, vacuous recitation. One wonders if the EU and UN and Council of Nations drafters of these tracts, and documents of ostensible "Human Rights," take seriously the rights their tracts and documents recite. Of what use are these things in the absense of the means for the individual to enforce them? This question is rhetorical. For, the EU and UN and British Commonwealth of Nations, too, do not recognize the sanctity of the individual as an independent singular living Being. The rights espoused belong to the group—to a collective, to the Hive. The criminal element, there as here, understands this all too well, and preys at will on innocent lives. And, they use whatever means Criminals use whatever means they can to commit their crimes. In Democrat-run jurisdictions, in the U.S., the criminal's use of guns in the commission of their crimes is pleaded out, and the remaining felony count is then reduced to a misdemeanor. The criminal is let loose from pretrial detention to create more mayhem before his trial on the first crime even commences.This horrible situation is what New Yorkers face under the Hochul/Adams regime, and it won’t go away if Hochul is elected Governor. Her answer to criminal violence is to take away handguns from the average, responsible, rational, law-abiding adult citizen. She takes as axiomatic that guns as a numerical factor are responsible for the scope and ferocity of criminal behavior, irrespective of whom it is that wields a gun. This idea is flawed on both empirical grounds and as a matter of pure logic. She recites it anyway. Apparently, it makes for good messaging to those who have a phobic aversion to guns. And Hochul, and others of her kind, play and prey on that aversion. It means nothing. Violent crime continues unabated, sometimes through the use of a gun, often, then, by a gangbanger, and, more often by any of a variety of implements, whatever is at hand: knives, axes, baseball bats, hands and feet, hammers, even automobiles.Hochul spent the summer expending her energies, not on dealing with the explosion of violent crime, by working out and implementing crime reduction measures, but, rather, on defying U.S. Supreme Court rulings in the Bruen case, handed down at the end of June 2022. Her target is not violent crime reduction, but on oppressing law-abiding citizens, residents of the State, who merely wish to exercise their God-given right to bear arms in their own defense, as it is plain enough the police can't protect them, notwithstanding that the police do not have a duty to guarantee the life and safety of individuals anyway. But, now, the police in New York, in this post-George Floyd era, are constrained from even protecting the community at large.Like all Democrats, Hochul loathes the idea of implementing a policy that adheres to the natural law right to armed self-defense outside the home as well as inside it. In a jurisdiction that has degenerated into marked lawlessness, by design, it is reprehensible that Hochul would dare defy the U.S. Supreme Court unless she felt she could get away with this. She can’t, and, to date, she hasn’t. And it could well be the end of her after November 8, 2022. One can only hope.And let us hope that the majority of New Yorkers, even those who consider themselves social and political liberals or progressives, will come to their senses and recognize that Hochul does not have a plan to protect New Yorkers. The question is: Does she even care about the life and well-being of New Yorkers? Likely, not. Her actions speak louder than and belie her words. But, to fringe "Neo-Marxist cultists," the life of the individual counts for nothing. A million years of evolution begs to differ. The instinct for Self-Preservation does not abide by odd fads that deny the truth and strength of the instinctual need as pronounced in the actions of the lower animals.And the moral prerogative of self-defense derives as a natural law right baked into the Being of man by a Loving and all-powerful, Creator who created Man in His Own Image. But, the Cultists deny both God and the sanctity of the Individual Soul.The natural law right of armed self-defense is but an aspect of the general natural law right of defense. A person has the right and duty to protect him or herself with the most effective means available. At first, the most effective means available were the knife and sword. And for several hundred years thereafter, and currently, the best means available to protect oneself in imminent extremity, is the firearm, not the social worker. The natural law right to armed self-defense is coextensive with one’s instinct for survival.In an environment that at once eschews police protection for the welfare of the community and denies one the basic right to defend self against violent attack, it is little wonder that many New Yorkers, especially those that have hitherto extolled the Democrat Party tradition against guns, would have second thoughts about voting into Office, for four years, a person whose cavalier attitude toward the life, safety, and well-being is painfully in evidence.Lee Zeldin who sees that freedom from violent crime and the right to armed self-defense are not mutually exclusive but, to the contrary, go hand-in-hand, is in a good position to defeat Kathy Hochul. Hochul is a person who takes for granted that the concerns of a violent criminal or lunatic supersede the concerns of a law-abiding, innocent citizen, and she refuses to acknowledge the right of the individual to armed self-defense, even where an institution no less than the U.S. Supreme Court so ordains, consistent with the plain meaning of the language of the Second Amendment.Hochul’s ideas concerning crime and criminals and her abhorrence of the right of armed self-defense, together with her reluctance to allow the police to engage in traditional policing to defend life and property, cannot be viewed in a vacuum. These ideas, attributable to a faulty ethical system, odd moral imperatives of interest, and a predilection toward defying laws she happens to disagree with would be of interest to scholars in the fields of law and government studies, and in the fields of philosophy and psychology. Unfortunately, Hochul is, at present—and hopefully only for a few more days—the New York Governor. Her personal beliefs have expression in reality. They are not consigned simply to academic literature.Hochul’s ideas concerning crime and criminals and armed self-defense are not, then, mere “ideas.” They are policy choices, and those policy choices affect the nature of the society that a New Yorker must live and work in. They have real-world consequences. And those real-world consequences are not pleasant ones to behold.New Yorkers have taken notice. And they aren’t happy with what they see. This slow turn of events, now gaining in speed, obviously confuses and frustrates both Hochul and her wealthy donors. It shouldn’t but it does. That they are arrogant and jaded makes them sloppy. But, that is a good thing. It makes them easier to defeat.New Yorkers and Americans around the Country have awakened to the illogic of Democrats’ worldview. Democrats treat Americans like children who should not be permitted to think for themselves. Such is the condition of people who live in tyranny.Americans are rebelling against attempts to treat them like wayward children who must be led about. Americans won’t allow themselves to be governed by tyrants, whether those tyrants tend to see themselves as benevolent dictators or not.Since taking over the mantle of Governor in August, New Yorkers have obtained a good look at the New York Hochul envisions for them. Let’s see if enough New Yorkers, in the few days remaining before the election, make plain their displeasure with Hochul, and rid themselves of this petty tyrant, once and for all, at the polls.Those residents of New York who choose not to leave or cannot leave the State for “greener pastures” can turn things around for New York or they can accelerate the pace of societal decay and further endanger their life.The cutesy limerick, “A vote for Hochul is a vote for the same, but a vote for Zeldin is a vote for change to save New York,” is a bearer of a serious, dire message despite its tone.Hochul, who owes her allegiance to her donors, wealthy Neoliberal Globalists bent on destroying New York to satisfy their own interests and insatiable greed, together with the Neo-Marxists who have made no attempt to hide their disgust for the U.S. Constitution, and for the founders of our Free Constitutional Republic, and for our history, our heritage, and for our Christian heritage, and who deny the very concept of natural law rights, have—in Kathy Hochul—an agent to bring about the financial, economic, and social collapse of New York. Just look at the ruin of a once great State she has “accomplished” in the short time, she has been in office. Do New Yorkers want four years of this? If so, New York will be unrecognizable, and not in a good way!___________________________________Copyright © 2022 Roger J. Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.
ONCE AMERICANS LOSE THEIR RIGHT TO BEAR ARMS, THEY WILL NEVER AGAIN REGAIN IT
“Another enduring principle is that we need countries to cooperate, now more than ever. Not a single global challenge that affects your lives can be met by any one nation acting alone – not even one as powerful as the United States. And there is no wall high enough or strong enough to hold back the changes transforming our world.” ~ A slice of Secretary of State Anthony Blinken’s statement to the American people and to the world, delivered in Washington, D.C., on March 3, 2021, less than five weeks after the Senate confirmed his nomination as a Cabinet Secretary.
CHANGES TRANSFORMING THE WORLD MUST NEVER BECOME THE PRETEXT FOR TRANSFORMING A FREE CONSTITUTIONAL REPUBLIC INTO A PAWN OF TYRANTS
SOME TRUTHS ARE ETERNAL, NOT SUBJECT TO CHANGE
The U.S. is the only truly free Constitutional Republic in existence. That is how the framers of the U.S. Constitution designed our Government.Our Federal Government is the only one on Earth that exists solely to serve the interests of the American people. It has no other purpose.The Federal Government is answerable to and subordinate to the people. The American people are supreme sovereign over the Government.Once the servants of the people fail to recognize and acknowledge these aforesaid facts, and then forsake the interests of the people, the Government has descended into Tyranny.The American people have no lawful duty to suffer Tyranny. The Nation was founded on one singular precept, set forth in the Declaration of Independence. It is that our people are a free people and are to ever remain so, and as sole sovereign over their Government and each to him or herself, masters of their own fate, and the final arbiters and deciders of the Nation’s destiny.The Arbalest Quarrel has written extensively on Tyranny and will continue to do more. See, e.g., our article posted, a little over one year ago, on October 1, 2021.
HOW DO AMERICANS EXERT THEIR SOVEREIGNTY OVER A GOVERNMENT THAT HAS RAISED THE SPECTER OF TYRANNY?
That the American people are lord and master over the Government, this is to be understood as resting not only in the limited and demarcated powers of Government but, more fundamentally, in the unalienable, illimitable, eternal, and unalterable natural law rights bestowed on man, not by Government or by other men, but by the Divine Creator, and thereupon codified in the Nation’s Bill of Rights.The Bill of Rights is an integral and essential part of the U.S. Constitution.By voicing dissent against the encroachment of Tyranny, and through the firearms they bear to thwart its inception and to prevent its entrenchment, the American people have the means not only to stave off Tyranny but both the right and the duty to do so, else they merit the Tyranny they allow to exist by their active or passive failure to resist it.None of this can be reasonably doubted. Yet, somehow, somewhere through the passing years, decades, and centuries, these paramount truisms became eroded, and, for many citizens, they became lost to memory.The forces that crush entire populations and nations, utilizing, in recent years, advances in both psychological conditioning and communication technology, have induced veritable amnesia in the masses of all countries, dulling their mental acuity and deadening their will and spirit. This has done much to dampen the resolve of populations of much of the European Union as well as of the populations of the British Commonwealth of Nations.And the same insidious weakness has now infected the American psyche, brought about by similar, incessant brainwashing programs, introduced into our Country by the same forces that have crushed western Europe and the British Commonwealth Nations. And they have thence directed their toxins against Americans, lessening their resolve, fostering self-doubt, confusion, and outright fear of the very Government that was created to serve them.This Federal Government has betrayed the American people; misused the powers entrusted to it—has turned those powers upon the American people. It has unlawfully brought those powers to bear on its own masters. In so doing the Government has usurped authority that rests not in Government and never did—authority that rests solely in the American people, and always has.Through their many agents, the forces that crush people and nations have gained ascendancy in Government here and have bent much of the private sector to their will. In the process, they have gained substantial control over the thoughts and conduct of a broad swath of Americans.Many Americans have become compliant, empty vessels, unable to escape from the incessant drone of hypnotic messaging, emanating throughout the Country. The messaging has infected all communication resources: smartphones, airwaves, and reading material—insinuating itself firmly into the minds of Americans, seeping poison into one’s reasoning faculties and into the darkest recesses of one’s emotions, where rests one’s fears and feelings of hopelessness.Wherever they may be, the American public has become an oft unwilling, captive audience to the constant dissemination of noxious propaganda.Yet many Americans have resisted indoctrination. Through inner strength of will, they are either immune to or have become inured to this indoctrination. They have effectively walled off the horrific effects of mass psychological indoctrination that have plagued so many others.
SOMETHING FOR AMERICANS TO PONDER WHEN THEY GO TO THE POLLS IN NOVEMBER
As the Midterm elections loom, the Obstructors and Destructors of our Nation have shown no disinclination of easing up on their agenda to corral and control the thoughts and conduct of the American people. On the contrary, they are “doubling down” their efforts.They intend to bring to fruition a global neo-feudalist State. To accomplish that feat requires them to maintain, as a necessary condition, firm control of Congress as well as the Executive Branch of Government.
HOW DID WE AMERICANS GET TO THIS PLACE WHERE OUR FOES HAVE TAKEN OVER CONTROL OF OUR GOVERNMENT, OF OUR PRESS, OF SOCIAL MEDIA, AND OF WEALTHY, POWERFUL CORPORATE AND FINANCIAL CONGLOMERATES?
The slow ossification of the thinking processes of Americans and the slow erosion of Americans’ natural law rights and liberties took time—commencing one hundred years ago—perhaps earlier. But it has rapidly moved ahead only since the turn of the 21st Century, made possible through major advances in communication and through the consolidation and control over much of the Federal Government and over our Nation’s myriad institutions.In their discourse the Destroyers of our Nation and their toadies endlessly go on about “Democracy,” but rarely do they mention the words, ‘freedom,’ ‘constitution’ and ‘republic.’ And they never mention the phrase ‘Free Constitutional Republic,” in one breath.That phrase—‘Free Constitutional Republic’—is an apt descriptor of our form of Government, and our Free Constitutional Republic has served us well since its founding. Because of it, we have become, in the space of fewer than two hundred years, the most powerful, successful, and wealthiest Nation on Earth—the envy of all other nations, where previous generations came legally to live the “American dream.”But the forces that crush people and nations are many and they are powerful, wealthy, and ruthless, and they are jealous of both the power of our Country, the resilience of its people, and the strength of our natural law rights, and our belief in the Divine Creator—ultimate sovereign over people and government. These forces intend to rend us from these beliefs and crush us.These wreckers of our Nation intend to plunder our Nation’s mineral resources and in the interim make those resources unavailable to the American people. And as they have taken control over the Federal Government’s military, police, intelligence, and judicial apparatuses, they have turned those engines of Government against the American people, as Americans are now beginning to learn.And what these wreckers of our Nation find either unsuitable to or antithetical to their needs, wants, and objectives, they have marked them as Detritus, and have consigned those items—both tangible and intangible—to the Trash Heap.And we all know what those items are:
- The Nation’s Constitution;
- The Idea and Fact of the Sovereignty of the American People over Government
- The Nation’s Natural Law Rights, Codified in the Nation’s Bill of Rights;
- The Dismantling of the Nation’s Institutions, History, Heritage, and Culture;
- The Destruction of the Nation’s Emblems and Symbols, and Arts and Artifacts;
- The Erasing of the Nation’s Ethos, Ethics, and Christian Morality;
- The Erosion of the Importance of the Family in American Society;
- Transitioning Americans away from Reliance on Self to Dependency on Government;
- Promoting the Precepts of Collectivism; Denigrating the Precepts of Individualism;
- Infusing Americans with a Conformist Mindset;
- Acclimating Americans to Conditions of Poverty and Minimal Expectations; and
- Dissolution of Concepts such as ‘Nation-State,’ ‘Citizen,’ and ‘Patriotism.’
Many if not most Americans know, if they had heretofore any doubt, that the Nation has undergone a not-so-quiet coup d’état, centered on the Executive Branch of Government, with the investiture of the Grand Harlequin, Joe Biden, inhabiting the Executive Suite of Government. This dementia-ridden, brain-addled, corrupt, and compliant fool serves as a placeholder for the real rulers of the Country: shadowy, sinister, powerful, ruthless elements bent on the Nation’s ruination. This fool, Joe Biden, who pretends to be the decider of American policy is the disturbing, disgusting public face of America—no more than a messenger boy through whom the dictates of the real rulers of our Country flow. The sinister forces that dictate their destructive policies to this toady in Government must derive a bit of smug satisfaction in that. As they destroy the Nation, they are at one and the same time able to shame it and mock it, as well. This explains why much of the Press and social media on behalf of the Government are more than insistent on getting the American citizenry to accept as legitimate, the results of the 2020 U.S. Presidential Election. They are frantic that Americans accept the simplistic narrative they have spun—fervently silencing, denouncing, and discrediting anyone who happens to offer an alternate view, brooking no voice to the contrary but offering no response to a reasonable query.Our Republic is hanging on by a thread.Strength of Will and Dint of Arms is what we have left. Let they be enough, and may we hold fast to both in these trying, dangerous times!___________________________________Copyright © 2022 Roger J. Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.
NEW YORK GOVERNOR KATHY HOCHUL DOESN’T LIKE THE FEDERAL COURTS TELLING HER THAT AMERICANS HAVE THE RIGHT TO ARMED SELF-DEFENSE—AFTER ALL, MOTHER KNOWS BEST!
POST-BRUEN—WHAT IT ALL MEANS AND WHAT ITS IMPACT IS BOTH FOR THOSE WHO SUPPORT AND CHERISH THE RIGHT OF THE PEOPLE TO KEEP AND BEAR ARMS AND THOSE WHO DO NOT; THOSE WHO SEEK TO UNDERMINE AND EVENTUALLY DESTROY THE EXERCISE OF THE RIGHT AND THOSE WHO SEEK TO PRESERVE AND STRENGTHEN THE RIGHT BOTH FOR THEMSELVES AND THEIR DESCENDANTS
MULTI SERIES
PART SIXTEEN: SUBPART A
A BIT OF RECENT HISTORY ON CHALLENGES TO AMENDMENTS TO THE NEW YORK GUN LAW (CCIA)—ANTONYUK VS. BRUEN
Ivan Antonyuk, along with Gun Owners of America (GOA), brought an action to prevent the implementation of New York Governor Kathy Hochul’s amendments (CCIA) to New York’s Gun Law, the Sullivan Act of 1911. That case is captioned, Antonyuk vs. Bruen. It was filed on July 11, 2022, one week after the New York Senate in Albany passed the CCIA and Hochul signed it immediately into law.The U.S. District Court for the Northern District of New York dismissed the case without prejudice, on August 31, 2022. The GOA dropped out of the second lawsuit since it couldn’t’ overcome the standing issue. But Ivan Antonyuk could and did file a new lawsuit.
THE NEW CASE CHALLENGING HOCHUL’S CCIA—ANTONYUK VS. HOCHUL
Antonyuk thereupon filed a new case, captioned, Antonyuk vs. Hochul, on September 20, 2022. He filed suit in the same U.S. District Court that dismissed the original lawsuit. The Court was receptive to it. In the new suit, Governor Kathy Hochul is named and cast as the principal Proper Party Defendant. She is now the leading Party Defendant, as the caption of the CM illustrates. And, once again, Kevin Bruen, the Superintendent of the New York State Police is named and cast as a principal Party Defendant. His name appears second, behind Kathy Hochul, in the new CM. And several other New York Government officials also figure prominently as Party Defendants in Antonyuk's new action.On October 6, 2022, the U.S. District Court for the Northern District of New York granted the Plaintiffs’ Motion for a Temporary Restraining Order (TRO) in the case Antonyuk vs. Hochul. See our previous article on this. The article was reposted in Ammoland Shooting Sports News.What do we know about the Plaintiff, Ivan Antonyuk?The Complaint for Declaratory and Injunctive Relief (CM) recites this about the Plaintiff, Ivan Antonyuk, who was the first individual to challenge Hochul's CCIA and to bring a new action against Hochul, in her official capacity as Governor of New York——“Ivan Antonyuk is a natural person, a citizen of the United States and of the State of New York, and resides in Schenectady County, New York. He is a law-abiding person, who currently possesses and has maintained an unrestricted New York carry license since 2009, and who is eligible to possess and carry firearms in the State of New York.”Five other New Yorkers joined Ivan Antonyuk, as Party Plaintiffs, in a new lawsuit, filed directly against Hochul. Five of the six Plaintiffs, including Antonyuk, hold unrestricted concealed handgun carry licenses. One of the six Plaintiffs holds a restricted employment handgun carry license. The New York handgun licenses are all valid.In the CM, the Plaintiffs set forth their justification for filing it, delineating their points as follows——“Governor Hochul (1) has openly criticized and expressed contempt for the Supreme Court’s decision in Bruen, (2) took action to circumvent the Supreme Court’s ruling by ‘merely chang[ing] the nature of th[e] open-ended discretion” from “proper cause” to “good moral character (3) pushed enactment of the CCIA through the legislature and (4) signed the bill into law, and (5) subsequently has acted as the interpreter-in-chief with respect to the CCIA’s provisions. The Governor has opined on the statute’s proper interpretation and provided guidance and instructions to officials throughout the state of New York as to its implementation according to her desires. For example, Governor Hochul (1) has instructed that the CCIA’s new licensing process applies even to those whose carry license applications are already submitted and pending prior to September 1, 2022; (2) has claimed that the ‘good moral character’ activity will involve door-to-door interviews of a person’s neighbors; 4 (3) has claimed that the CCIA’s plain text should not apply to certain parts of the Adirondack Park in contradiction to the wishes of the bill’s sponsors; 5 and (4) has opined that the CCIA’s “restricted locations” provision creates a “presumption . . . that they don’t want concealed carry unless they put out a sign saying “Concealed Carry Weapons Welcome Here.” To be sure, Governor Hochul ‘is not the official to whom the Legislature delegated responsibility to implement the provisions of the challenged statutes’ but, by her actions, she certainly appears to believe that she is. Moreover, and again, the Superintendent [Kevin Bruen] who is tasked with implementing and enforcing various provisions of the CCIA, is the Governor’s underling, making the Governor (whose hand is clearly at work in the Superintendent’s actions) a proper Defendant [citing documents omitted].”In a subsequent Plaintiff Court filing, September 22, 2022, filed two days after the filing of the CM, in a document captioned, “Memorandum Of Points And Authorities In Support Of Plaintiffs’ Motion For A Temporary Restraining Order, Preliminary Injunction, And/Or Permanent Injunction,” the Plaintiffs cogently lay out Governor Hochul’s unconscionable defiance of the U.S. Supreme Court rulings in NYSRPA vs. Bruen and the imminent harm that defiance poses to the life and safety of Plaintiffs:“New York continues to infringe the Second Amendment right to bear arms, treating most people as unworthy of the natural right to self-defense. In response to the U.S. Supreme Court’s recent vindication of the People’s rights to keep and bear arms in public in N.Y. State Rifle & Pistol Ass’n v. Bruen, 2022 U.S. LEXIS 3055 (2022), New York has enacted new restrictions in explicit contravention not only of the Court’s holdings, but also the text of the First, Second, Fifth, and Fourteenth Amendments. New Yorkers are now facing the reinstitution of discretionary licensing standards, imposition of draconian carry restrictions in a cornucopia of nonsensitive public places, invasion of protected First and Fifth Amendment conduct, a four-and-a-half-times expanded training requirement and accompanying exorbitant costs, and conversion of all private property into de facto “gun-free zones” that “would eviscerate the general right to publicly carry arms for self-defense,” Plaintiffs request that this Court enter a temporary restraining order, followed by a preliminary and/or permanent injunction, to stop the irreparable harm Plaintiffs are suffering and will continue to suffer absent emergency relief.” The Plaintiffs added, these pertinent points in their Memorandum—— “Superintendent Bruen, already found by this Court to be a proper defendant previously, is responsible for the conduct for those under his authority, including threats they make against law-abiding gun owners such as Plaintiffs. Indeed, the First Deputy Superintendent of the State Police, Steven Nigrelli, recently stated the following during a press conference, available on YouTube: ‘For those who choose to violate this law . . . Governor, it’s an easy message. I don’t have to spell it out more than this. We’ll have zero tolerance. If you violate this law, you will be arrested. Simple as that. Because the New York state troopers are standing ready to do our job to ensure . . . all laws are enforced.’ This statement represents a direct threat to all who violate the CCIA, on all fours with Cayuga Nation’s “announce[ment] [of an] intention to enforce the Ordinance’ a group whose members would be ‘obvious targets of any criminal enforcement of the Ordinance.’ Here, the New York State Police, a law-enforcement entity with statewide jurisdiction and officers stationed across New York, has specifically and expressly stated a clear intent to enforce all aspects of the CCIA, without exception, through arrest and prosecution, in every instance where it is violated [documents and case citations omitted].”The Plaintiffs provided a sound and cogent argument for the issuance of the TRO. The District Court agreed.In its Decision issued on October 6, 2022, the U.S. District Court granted the Plaintiffs’ TRO but stayed its operation for three days to allow the New York Government to file an emergency appeal.The Midterm Elections are looming, and, with her position as New York Governor on the line, Kathy Hochul will waste no time filing an appeal. She doesn’t want this TRO hanging over her head.It is all the worse for Hochul since she’s made much of how the CCIA protects New Yorkers and that the U.S. District Court, as she claims, agreed with her, in the earlier case, Antonyuk vs. Bruen. It didn’t!So gleeful was the Governor when the District Court dismissed the suit against the CCIA in that case, she didn’t bother to recognize or acknowledge that the Court opposed the CCIA and dismissed the suit on a “technicality”: the standing issue.But with the technicality overcome, and the TRO awarded in Antonyuk vs. Hochul, she harrumphed, on her website the same day the District Court released its decision, October 6, 2022:“While this decision leaves aspects of the law in place, it is deeply disappointing that the Judge wants to limit my ability to keep New Yorkers safe and to prevent more senseless gun violence. We are working with the Attorney General's office to review the decision carefully and discuss next steps in an appeal. I will continue to do everything in my power to combat the gun violence epidemic and protect New Yorkers.”Hochul can barely restrain herself. The decision leaves hardly anything of the principal provisions of Hochul’s CCIA in place. Hochul and the other Anti-Second Amendment zealots in her Administration and in the New York State Legislature are fuming. Hochul knows that the guts of the CCIA are to be excised, and both she and her Administration intend to prevent that.Hochul will file an appeal. That is expected. In fact, it’s a dead certainty. And the U.S. District for the Northern District of New York made provision for it. The Court gave Hochul three days to file her “emergency” appeal to the U.S. Court of Appeals for the Second Circuit. Her people must have been working on it over the weekend.Expect to see news of Hochul’s appeal to the Second Circuit on Monday, October 10, or on Tuesday, October 11, at the latest. _________________________________________________________
THE FEDERAL COURTS OF NEW YORK CAN NO LONGER SHIRK THEIR DUTY TO THE U.S. CONSTITUTION THAT MANDATES AND CELEBRATES THE RIGHT OF THE PEOPLE TO KEEP AND BEAR ARMS
PART SIXTEEN: SUBPART B
THE FEDERAL COURTS MUST REIN IN GOVERNOR KATHY HOCHUL’S OUT-OF-CONTROL NEW YORK GOVERNMENT
On the release of the U.S. District Court’s decision, granting Plaintiffs a TRO in the recent case, Antonyuk vs. Hochul, challenging the CCIA, New York Governor Kathy Hochul retorted she “will continue to do everything in [her] power to combat the gun violence epidemic and protect New Yorkers.” Really? Is that true?The New York Post says,“In New York, where gun violence has plagued the Big Apple and other metro areas, 1 in 5 police departments — 469 of 593 — failed to report any crime data.That includes the largest department in the country, the NYPD, which is often held up as the trendsetter for US law enforcement.A spokesperson said the NYPD was in the process of transitioning to the new reporting system but did not answer questions about its timeline or if it accepted any federal grants to get the system up and running.”Meanwhile, New Yorkers are threatened by continued criminal violence. The Governor and the Mayor of New York City, Eric Adams, offer nothing but excuses, platitudes, or outright denials. Yet both the Governor and Mayor continue to make it extraordinarily difficult for average, innocent, responsible, law-abiding New Yorkers to gain access to the most viable means to defend themselves as they walk about in a concrete jungle—a handgun. That, if anything, is contrary to common sense! The Government controls handgun licensing. A Government that mandates licensing and has sole control over licensing prescribes the rules of the game: those few in number who may obtain a handgun license and the manner of use of the handgun for self-defense. It is the citizen who ends up with the short end of the stick. The psychopathic criminal and the lunatic roam freely about, to prey at will on the innocent: men, women, and children. All the while high-ranking City and New York State Government officials such as the Mayor of New York City and the Governor of the State are themselves safe and secure with a team of heavily armed police to protect them day and night.Hochul cares nothing for the life and safety of New Yorkers. All that she and the Democrats in Albany, and other Anti-Second Amendment officials in Hochul’s Government care about is their own hides and the preservation of their program to disarm the common man—an agenda ongoing for well over 110 years—at odds with the natural law right of armed self-defense, codified in the Nation's Bill of Rights.Just as the Sullivan Act of 1911 laid out the basic steps of handgun licensing that started the inexorable process of disarming the citizenry in New York, and just as Hochul’s predecessor, Andrew Cuomo, continued that process through the enactment of the New York Safe Act of 2013, several antigun enactments since, culminating in the CCIA, are designed to further whittle away the natural law right of armed self-defense.As this article goes to publication, Governor Hochul has not yet appealed the District Court decision ordering a TRO preventing enforcement of the CCIA but the filing of her appeal to the U.S. Court of Appeals for the Second Circuit is imminent.So, the questions are, first, what will the Second Circuit do with it, once it receives it, and two, how will Hochul react to the Appellate Court’s rulings if those rulings don’t go her way? And the Appellate Court should keep the TRO stay in place.Indeed, the Federal Court of Appeals must keep the TRO stay in place. But it isn’t clear it will do that. But its failure to do so would lead to irreparable harm to the Plaintiffs and to the New York public that cherishes the natural law right of armed self-defense. The State Governor, Kathy Hochul, and the Mayor of the City of New York, Eric Adams, have forsaken the people to whom it is their duty to serve.One thing is patently clear: the U.S. Court of Appeals for the Second Circuit would prefer it didn’t have to contend with this. Anything involving the Second Amendment is a hot potato for the Second Circuit and for the Federal District Courts of New York. They now must deal with the aftermath of decades of complacency and deference toward a State Government whose policies and laws demonstrate abject ruthlessness toward and callous disregard for the life, safety, and well-being of the people of New York.Heller and McDonald created a host of problems for a jurisdiction historically antithetical to Americans’ exercise of the natural law right of armed self-defense. New York’s attack on the natural law right of armed self-defense goes back well over one hundred yearsBut the Bruen rulings might have shaken the Federal Courts of New York out of their stupor, and out of their heretofore typical hands-off approach toward a State Government inexorably whittling away the right of the people to keep and bear arms to a nullity.The Courts may realize their duty is to the U.S. Constitution and not to the officials of the New York State Government who are intent on erasing the natural law right of armed self-defense in New York.With the Bruen decision the U.S. Court of Appeals for the Second Circuit and the U.S. District Courts of New York realize they can no longer hide their Anti-Second Amendment opinions and musings behind abstruse legal verbiage and sophistry that contravene High Court rulings, and all for the sake of a State Government that abhors the Second Amendment of the Bill of Rights.That makes matters difficult for Governor Hochul. But that won’t prevent her from urging the Second Circuit to embrace and protect her CCIA godchild.So——In her appeal, Hochul may go beyond asking the Circuit Court of Appeals to lift the stay on the CCIA. She may ask the Court to order a permanent injunction against further challenges to the CCIA. It is, however, unlikely the Circuit Court will accede to this as doing so falls beyond its appellate power. But, from this arrogant New York Governor, no less so than from her arrogant predecessor, Andrew Cuomo, one should expect anything.The Plaintiffs will oppose the lifting of the stay, arguing for suspension of the CCIA until the Court rules on the Plaintiffs’ prayer for a preliminary or permanent injunction, enjoining the New York Government from enforcing it.Although the Court of Appeals could, conceivably, although improbably, lift the TRO stay on enforcement, pending trial of the constitutionality of the CCIA, it likely won’t do this.The District Court is no slouch. It gave the Circuit Court every reason to honor the TRO that the District Court had issued.The District Court was careful to provide the Hochul Government with both notice and hearing before the issuance of the TRO. It need not have done so. Court issuance of a TRO doesn’t require prior notice and hearing to the party against whom it is issued.The Federal Circuit Court of Appeals cannot ignore this fact and will take note of it.The Court will point out that it is the Plaintiffs, not the Government, who are likely to prevail in a trial on the merits and that it is the Plaintiffs, not the Hochul Government, who will suffer grievous harm if the Government can continue to enforce the CCIA during discovery and trial.Do not expect the Second Circuit to blithely lift the stay on the TRO.But that raises the question: “how long is the District Court’s TRO stay on enforcement of the CCIA to remain in effect?” And the District Court did not leave that matter hanging open-ended, either. Among its orders in Antonyuk vs. Hochul, the Court said that its——“Temporary Restraining Order shall remain in effect pending a hearing and ruling on Plaintiffs’ motion for a preliminary injunction.”Unless the Second Circuit is as remiss of its duties toward the Constitution and as dismissive of the citizenry as the Hochul Government and Democrat Legislators in Albany clearly are, we anticipate the TRO will remain in place until final resolution.The U.S. Supreme Court has ruled that the right of armed self-defense extends to the public realm. This is consistent with the language of the Second Amendment to the U.S. Constitution, In fact, the natural law right of armed self-defense is embedded in the right of the people to keep and bear arms. The natural law right of armed self-defense against predatory man, beast, or Government is embedded in the Second Amendment, and it follows by logical implication.The High Court did not make new law in NYSRPA vs. Bruen, as many people in the Federal and State Governments wrongly believe; as Hochul wrongly thinks.The High Court simply recited and reiterated what plainly exists in the codification of natural law that Marxists and Globalists find repugnant to their belief system, and antithetical to their Collectivist mindset and to their political and social philosophy, which they intend to thrust on the rest of us.One should reasonably expect the Second Circuit will remand the Hochul case to the District Court.The Federal Appellate Court will likely order the lower District Court to resolve the substantive issues pertaining to the Constitutionality of the CCIA and determine whether to award Plaintiffs with a preliminary or permanent injunction against enforcement of the CCIA. All the while the TRO stay against enforcement of the CCIA should remain in place.Once the District Court issues either a preliminary or permanent injunction against Hochul, the injunction will have the effect of a final appealable order.This raises the question of whether, in the interim, Governor Hochul will abide by a TRO stay of enforcement of the CCIA pending resolution of the Antonyuk vs. Hochul case, or will she defy the Second Circuit Court of Appeals just as she blatantly defied the U.S. Supreme Court on signing the CCIA into law?Hochul might defy the Court’s order and enforce the CCIA. If so, the Plaintiffs will then need to return to the Federal Court of Appeals to get the Second Circuit Court to issue its “Contempt of Court Show Cause Order” against Hochul.If she does defy an order from the U.S. Court of Appeals for the Second Circuit staying the enforcement of the CCIA, it would be impossible for Hochul to continue, however plausibly or implausibly maintained, to disguise that defiance of a Federal Court order as compliance.Perhaps Hochul doesn’t care.Court Orders and Rulings mean nothing to her if Hochul happens to disagree with them. The CCIA is evidence of that.But would the public care?And would the public demand the Hochul Government comply with an order from the Second Circuit Court of Appeals?The public should care and should demand the Hochul Government’s compliance with Federal Court orders and case rulings, regardless of her dislike for them. Hochul's specious claim that her wish, ostensibly, to protect New Yorkers against harm is neither a sound nor valid moral nor sound nor valid legal argument to support defiance of the United States Supreme Court, and the U.S. District Court, and the U.S. Court of Appeals for the Second Circuit. And, her not-so-tacit assumption that the Courts don't care about the life and well-being of New Yorkers is not only false it is absurd.Will the New York electorate embrace or reject Kathy Hochul? The Midterm Election will tell the story. The result depends on the electorate’s justified outrage toward an obstinate Governor that claims she knows or pretends to know what is in the best interests of the people of New York, or their active or passive support of her words and actions.The reprobates in New York will, of course, support Hochul. But they look forward to the destruction of our free Constitutional Republic anyway, relishing the coming of the Soros “Open Society” in which the U.S. is just another cog in a grotesque, monstrous machine, and its people, hapless, vanquished subjects.These Neo-Marxists and Neoliberal Globalists are beyond the pale and are beyond redemption. Forget about debating them. Love for God, Country, and Family, and for the continuation of a free Constitutional Republic that the founding fathers bestowed on us mean nothing to them. Their ideology is grounded in the tenets, principles, and precepts of Collectivism and they have concocted a new mechanism to promote it, a vehicle through which the public is enmeshed in it, internalizes it, and becomes vested in it: the gospel of “Diversity, Equity, and Inclusion,” now, adopted and pushed by the Federal Government, no less, and codified in an Executive Order. Many other New Yorkers will passively accept whatever befalls them even if they happen to disagree with Hochul’s abject defiance of the Courts, and that is most unfortunate. Passivity and sloth are killers. Forget about them, too. These people are asleep and cannot be roused from their slumber.The fact remains that a handgun is the only viable means to effectively counteract random, intractable criminal violence that threatens the life and safety of innocent people as they go about their day-to-day activities in New York. Plaintiffs in the Antonyuk vs. Hochul made that point poignantly clear to the U.S. District Court. They also made patently clear to the Court that the CCIA is, in large part, unconscionable and unconstitutional. That was the reason for the Court’s issuance of the TRO stay in the first place.If Hochul refuses to adhere to Court orders and rulings, it is up to these members of the public remaining, the true Patriots in New York, to hold Hochul’s feet to the fire. May they prevail and preserve the success of the American Revolution of 1776 for both themselves and for future generations of Americans!*___________________________________________*Hochul is apparently afraid that the Midterms will see her out of office. She would like to purge all Republicans from the State. An August 2022 New York Post article is worth a read:“Gov. Kathy Hochul, who hasn’t proven shy about issuing orders, had one for the state’s Republicans this week — all 5.4 million of them: ‘Just jump on a bus and head down to Florida where you belong, OK?’ she said. ‘You are not New Yorkers.’”___________________________________Copyright © 2022 Roger J. Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.
THE IRONY OF THE HANDGUN TRAINING MANDATE IN NEW YORK’S AMENDED GUN LAW
Anyone who possesses a handgun, or any functional firearm, should be familiar with its operation and, ideally, proficient in its use. Few gun owners would object to that, and few would argue the responsibility to obtain understanding and proficiency of use rests with the individual, not the “nanny state” to require it.Yet, a burning question, asked rarely, if ever, but one that needs to be asked and answered is this: Should the State mandate handgun training when the individual undertakes that responsibility upon himself, where that responsibility properly belongs anyway, and where State handgun training is, then, time-consuming, unduly expensive, and clearly redundant?In that normative question rests a pressing legal one:“Does the State have the legal right to require handgun training and, if so, from where does that purported legal right to mandate handgun training derive?”There is nothing in the natural law right of armed self-defense as codified in the Second Amendment of the Bill of Rights of the U.S. Constitution that expressly says or alludes to a training requirement as a condition precedent to one exercising the right to bear arms, as a natural law right accruing to the individual. But is this assertion, true? Granted, it requires explication and qualification:The phrase “well-regulated” in the Second Amendment does mean “well-trained,” but only in the context of the prefatory “militia” clause, where it appears, not in the salient, independent clause: “the right of the people to keep and bear arms shall not be infringed,” where no mention is made of it.The late Justice Antonin Scalia, writing for the majority in Heller pointed this out. And Justice Alito, writing for the majority, in McDonald, reiterated and expanded upon it.An important distinction rests between the right of the people to keep and bear arms in matters of a life-threatening personal confrontation and the right of the people to keep and bear arms as “a failsafe” to thwart tyranny.And as for the matter of tyranny, the Heller majority discusses it, but in passing.Justice Scalia, who penned the Heller opinion, was undoubtedly acutely aware of making too much of the fundamental right of the common people to take up arms against a tyrannical government, in the seminal U.S. Supreme Court Second Amendment case of the 21st Century that, he knew, would draw incredulity and ire from many quarters, not least of all among some of his brethren, given the magnitude of the rulings.That Scalia mentioned tyranny, at all, especially given its trajectory in our Nation in the 21st Century, he may have felt it enough to allude to tyranny as an imminent threat to the continuation of our free Constitutional Republic, and prudently left the matter of discussion at that, going no further.But, one legal scholar, discussing Heller, who, as an academician, not a U.S. Supreme Court Justice, who need not be mindful of the potential backlash, elaborated on the singular import of tyranny as separate from the natural law right of self-defense. He writes:“The natural right of self-defense applies not only to defense of the individual, but also to the defense of society against tyranny. There was little disagreement on this understanding at the time of the founding. As Hamilton put it, ‘if the representatives of the people betray their constituents, there is then no recourse left but in the exertion of that original right of self-defense which is paramount to all positive forms of government.’ It was universally agreed that the well-regulated militia consisted of the entire general populace, which was to be armed and trained in the use of arms. Indeed, that the people be well trained in the use of arms was central to the founders’ understanding of the Second Amendment and was considered the basic source of their liberty. As Madison put it, ‘if the people [of Europe] were armed and organized into militia, ‘the throne of every tyranny in Europe would be speedily overturned in spite of the legions which surround it.’” “The Responsible Gun Ownership Ordinance And Novel Textual Questions About The Second Amendment, 102 J. Crim. L. & Criminology 471 (Spring 2012) by Owen McGovern.One can extrapolate from Heller and McDonald, that, when the Tyrant mandates arms training as a precursor to bearing arms, it isn’t done with the aim to create, in the commonalty, a force capable of deposing the Tyrant. That would be nonsensical.The Tyrant seeks to disarm the populace, not embolden it. Otherwise, the common man might displace the Tyrant.Mandating handgun training in jurisdictions such as New York is to inhibit the exercise of the natural law right of armed self-defense. Training, along with other mandates, takes time and money. The Government's goal here is to dissuade the would-be gun owner, not ease his burden of acquiring a concealed handgun carry license.Unfortunately, the U.S. Supreme Court majority in Heller, McDonald, and Bruen, allows the despots and despoilers in Government to betray the intent of its rulings.But the Court, knowledgeable of the irascibility and intransigence of forces hostile to the American citizenry’s fundamental, immutable, and unalienable rights, still provides these forces with loopholes, albeit reluctantly, to get around its rulings.Consider: immediately after the Heller rulings, the City of Chicago sought to ignore those rulings, claiming Heller applies to the Federal Government only, not to the States.Justice Alito, writing for the majority, refuted that idea, and then gave the City of Chicago the means to defy the Court, notwithstanding. How and why is that?Alito recognized the inherent dilemma the Court was in, and, perhaps, anticipating that Chicago would try to negate the impact of McDonald, was, nonetheless, compelled to acknowledge that,“This history of intrusive regulation is not surprising given that the very text of the Second Amendment calls out for regulation, and the ability to respond to the social ills associated with dangerous weapons goes to the very core of the States’ police powers. Our precedent is crystal-clear on this latter point.”This was all the City of Chicago needed to hear.The City mandated handgun training, arguing that doing so is within its power to regulate firearms, as Alito acknowledged. And the City thereupon promptly banned the means to obtain that training in Chicago. This impossible situation, not surprisingly, led to a Court challenge.In Ezel “II,” the Seventh Circuit, opined,“In Ezell I, we held that Chicago’s ban on firing ranges could not be reconciled with the Second Amendment and ordered the district court to preliminarily enjoin its enforcement. 651 F.3d at 710-11. . . . Chicago responded to our decision by promulgating a host of new regulations governing firing ranges, including zoning restrictions, licensing and operating rules, construction standards, and environmental requirements. (Firing ranges operated by law enforcement and private-security firms are exempt from the regulatory scheme; there are currently 11 of these located throughout the city.) The plaintiffs returned to court arguing that many of the new regulations violate the Second Amendment.In the face of this second round of litigation, the City amended the regulatory scheme four times. . . repealing or revising some of the new rules.”Since the Seventh Circuit precluded the City of Chicago from banning gun ranges outright, the City came up with another ploy. It cunningly established zoning restrictions, i.e., “sensitive places,” where gun ranges cannot lawfully operate.Does this sound familiar? Does this bring to mind New York’s new “Sensitive Location” restriction? It should.Likely taking its cue from Chicago, New York created a new Penal law section, NY CLS Penal § 265.01-e, that prohibits the carrying of a firearm, rifle, or shotgun in any “sensitive location”—applicable to a multitude of areas where a person holding a valid concealed handgun carry license could, once upon a time, not so long ago, lawfully carry a handgun, but now can no longer do so.And, like Chicago, New York now institutes mandatory handgun training as a condition precedent to obtaining a license to carry a handgun in public even though it never had mandated such training for holders of concealed handgun carry licensees before. And that raises a question as to the State’s rationale for it.Curiously, the Bruen majority opinion never dealt with the training issue. Reference to training appears only once: in Justice Kavanaugh’s concurring opinion. But that is dicta. It isn’t a Court ruling. And Kavanaugh simply notes this.So, then, is State mandated handgun training lawful? Probably so, as evidenced in Heller and more specifically in McDonald.Be that as it may, the application of a State’s police powers to over-regulate civilian citizen use of firearms ostensibly to promote public safety is a hard sell when the public faces the ravages of violent crime.The New York public now finds itself betwixt the proverbial rock and a hard place: at once bereft of a tenable means to protect itself, given a new spate of ponderous gun laws it must contend with, and a government ever apathetic to its needs for “public safety,” even as it incessantly, deceitfully proclaims its desire to promote it.Thus, Americans who cherish their Second Amendment right are compelled to file yet again, ever again, another round of lawsuits: a tedious, expensive, eternal process. And this will continue if unthinking sorts among the polity continue to vote the same unprincipled rogues and prevaricators into public office.____________________________________Copyright © 2022 Roger J. Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.
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
MULTI SERIES
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
MULTISERIES
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.
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 2ND, 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 47th 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.
NEW YORK GOVERNOR KATHY HOCHUL DOESN’T CARE WHAT THE U.S. SUPREME COURT SAYS ABOUT THE STATE'S HANDGUN LICENSING STATUTE
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
NY GOVERNOR KATHY HOCHUL CONTINUES TO CONSTRAIN THE CIVILIAN CITIZEN'S RIGHT OF ARMED SELF-DEFENSE
PART FIVE
Not content simply to say New York won’t comply with Bruen, the New York Governor’s response to Bruen points to open revolt with the U.S. Supreme Court and the U.S. Constitution.On June 23, 2022, the U.S. Supreme Court officially released its decision in the Bruen case. On that same date a Press Release appeared on New York Governor Kathy Hochul’s website. It says much about her position on civilian citizen possession of handguns in public and what she thinks about the Court and its decision in Bruen. It reads as follows:“Good morning, everyone. We just received some very disturbing news from Washington; that the Supreme Court of the United States of America has stripped away the state of New York's right and responsibility to protect its citizens with a decision—which we are still digesting—which is frightful in its scope of how they are setting back this nation and our ability to protect our citizens back to the days of our founding fathers. And the language we're reading is shocking.As Governor of the State of New York, my number one priority is to keep New Yorkers safe, but today the Supreme Court is sending us backwards in our efforts to protect families and prevent gun violence. And it's particularly painful that this came down at this moment. . . . Today, the Supreme Court struck down a New York law that limits who can carry concealed weapons. Does everyone understand what a concealed weapon means? That you have no forewarning that someone can hide a weapon on them and go into our subways, go into our grocery stores like stores up in Buffalo, New York, where I'm from, go into a school in Parkland or Uvalde.This could place millions of New Yorkers in harm's way. And this is at a time when we're still mourning the loss of lives, as I just mentioned. This decision isn't just reckless, it's reprehensible. It's not what New Yorkers want. We should have the right of determination of what we want to do in terms of our gun laws in our state.If the federal government will not have sweeping laws to protect us, then our states and our governors have a moral responsibility to do what we can and have laws that protect our citizens because of what is going on—the insanity of the gun culture that has now possessed everyone all the way up to even to the Supreme Court.The law we're talking about has been in place since the early 1900s. And now to have our ability to determine who is eligible for a concealed carry permit—this is not an ordinary permit. This is a special use that you can hide it from people. We have limitations, if it's for a proper cause, someone who's been threatened, someone who needs it for their job as a security guard. We have classifications where it is allowed and has been allowed for over a hundred years.”In tone and content Hochul’s message is astonishing. It is a polemic directed at both present and future handgun license holders in New York. But, more than that, it is a presumptuous and dangerous assault on the Third Branch of Government, the U.S. Supreme Court, and on the sanctity and inviolability of the citizen’s natural law right of armed self-defense as codified in the Second Amendment of the Nation’s Bill of Rights.In that Press Release, Hochul says she’s “still digesting” the scope of the decision. But is that true? Hardly. New York had prepared its response to Bruen months ago.Consider——On July 2, 2022, seven days after the release of the decision, and a scant two days after she called for an “extraordinary session of the Legislature in Albany . . . to discuss the impacts of the [Bruen]. . . decision overturning New York State law that previously placed ‘proper cause’ restrictions on the issuance of permits for concealed carry firearms in the state,” Hochul signed into law an extensive and elaborate array of amendments to New York’s handgun licensing statute, including amendments to related statutes, that sailed through the State Legislature in Albany. See article on the jdsupra website.The speed of the process—from drafting of amendments, to their introduction in the State Senate and Assembly, then on to assignment to Committee, Committee markups, then passage of the amendments by both the Senate and the Assembly and the forwarding of the amendments to Governor Kathy Hochul for her signature—all in the space of a week is remarkable—too remarkable to be believed. One must infer that Hochul had notice of the decision well in advance of the official release of the case decision—probably at some point after oral argument that took place in November 2022. The amendments were ready to go upon official release of the Bruen decision. Hochul’s signing off on the amendments was, then, a foregone conclusion. The release of the Bruen decision simply served to trigger enactment of the amendments to New York’s handgun licensing Statute.How bad are these amendments? They are worse than one can imagine. Present holders of valid unrestricted and restricted New York concealed handgun carry licenses will find renewing their licenses difficult. And first-time applicants for concealed handgun carry licenses will find the requirements for issuance of them no less confounding and onerous than before Bruen, and much more vexing.How did New York get to this point? Actually, New York had been moving toward this point for quite some time!The progenitor of New York’s modern handgun licensing regime codified in NY CLS Penal § 400.00 et. seq., that took effect on September 1, 1967, is the Sullivan Dangerous Weapons Act of 1911. It was enacted on August 31, 1911. Handgun carry licensing is not of recent vintage, then. The State has required handgun licensing for close to 112 years, and the State’s desire to keep it is deeply entrenched in the psyche of the Government, and in the psyche of many residents of the State.New York’s handgun license statute—the Sullivan Act that Kathy Hochul refers to in her Press Release—is a reminder to the State, to the Nation, and to the U.S. Supreme Court that the Sullivan Act is here to stay in New York, regardless of anything the U.S. Supreme Court has to say about it. The Sullivan Act has gone through several incarnations since its enactment in 1967—but it always remains true to form—a handgun licensing regime, whose roots are deep and wide. Ostensibly created to deal with incessant crime by constraining the public’s access to handguns, the Sullivan Act failed in that objective, but New York kept it anyway, adding to it through the subsequent years and decades.Indeed, the fairly recent New York Safe Act of 2013 is merely an aspect and extension of it, not distinct from it. And several amendments to the Safe Act have proceeded since—a flurry of them only in the past couple of years. The most recent amendments, springing directly from the Bruen decision, take effect, formally, on Monday September 4, 2022. As the New York State Court of Appeals has explained, the Sullivan Act qua Penal Law § 400.00 “is the exclusive statutory mechanism for the licensing of firearms in New York State. O’Connor v. Scarpino,” 83 N.Y.2d 919, 638 N.E.2d 950 (N.Y. Ct. App. 1994). And that means, for the civilian citizen, there is no way to get around it. Handgun licensing is the foundation of New York’s assault on the Second Amendment and that of many other jurisdictions as well.New York’s handgun license statute has gone through several iterations since its enactment in 1967. But the most recent amendments to it, coming on the heels of Bruen, will take effect on September 4, 2022. Section 400.00 plus the Post-Bruen Amendments IS the Sullivan Act brought into the 21st Century.Back then as now, New York, and other jurisdictions, including California and Illinois, rationalized civilian arms control as necessary to promote “public safety.” And Governor Hochul’s Press Release echoes that sentiment that hearkens back to the turn of the 20th Century, even as the crime rate in New York in the 21st Century continues to soar. Continued constraints on civilian access to firearms in defiance of the Second Amendment has become an end in itself although Anti-Second Amendment proponents will rarely, if ever, say that and as many in Government will readily deny it even as they push for further constraints on the exercise of it.“As the California Supreme Court ruled in People v. Camperlingo (69 Cal. 466 [1924]), ‘It is clear that, in the exercise of the police power of the state, that is, for public safety or the public welfare generally, such right [to bear arms] may be either regulated or, in proper cases, entirely destroyed.’ The Illinois Supreme Court ruled in Biffer v. City of Chicago (278 Ill. 562 [1917]) that ‘the sale of deadly weapons may be absolutely prohibited.’” “Firearms Regulation: A Historical Overview,” 28 Crime & Just. 137, by Michael A. Bellesiles, Professor of History, Emory University. The New York Governor, Kathy Hochul, and the State Legislature, and the State and Federal District and U.S. Circuit Court of Appeals are all onboard with this. The average civilian citizen resident of New York has wide chasm to cross to obtain the coveted prize of an unrestricted concealed handgun carry license. And that chasm has just become wider.___________________________________
“PUBLIC SAFETY” IS A RUSE TO GET NEW YORKERS ON BOARD WITH FURTHER RESTRICTIONS TO THE LICENSING STATUTE
PART SIX
The lure of “public safety” explains the Sullivan Act’s longevity. Anti-Second Amendment jurisdictions refer to it often. Yet, to what extent Governor Kathy Hochul and the Legislature can honestly be said to believe that stringent curbs to civilian citizen possession of firearms does truly promote public safety—given the horrific upward spiral of violent crime in New York, predominantly in New York City, is open to conjecture. But the fact many New Yorkers believe that keeping handguns out of the hands of average, law-abiding, and responsible civilian citizens does contain violent crime, is apparently enough for both the Governor and for the State Legislature in Albany to continue to promote further and severe constraints on civilian citizen armed self-defense. If “Public safety”—whether clever, deceptive Government ruse or honest, albeit erroneous, Government belief—serves as the raison d’être for the handgun licensing regime, then application of “proper cause” is the mechanism that serves to constrain the average, rational, responsible, law-abiding civilian citizen from lawfully possessing a handgun in the public sphere. Armed self-defense thus remains a privilege in New York, notwithstanding the language of the Second Amendment that professes to express armed self-defense as a fundamental, unalienable right of the people.New Yorkers can change handgun carry laws in New York. And it is a simple process to do so as long as the public has the will to do so: simply vote Governor Hochul and those Legislators who hold the same views as she does toward handgun licensing in New York, out-of-office. New Yorkers have an opportunity to do so this November 2022.If New Yorkers demur, then they will continue to suffer. Violent crime will continue to rise, and innocent people will continue to die.A leap of faith is required here. It shouldn’t be difficult, given the irrationality of restrictive gun measures that simply target the law-abiding citizen, and not the criminal. But strong beliefs, even irrational ones die hard.
NEW YORK GOVERNOR KATHY HOCHUL DOESN’T GIVE A DAMN WHAT THE U.S. SUPREME COURT SAYS ABOUT NEW YORK’S HANDGUN CARRY LAW, SHE PRESUMES TO KNOW BETTER THAN THE COURT.
It is one thing for a Government to rely on an erroneous belief as justification for infringing a fundamental, unalienable, immutable, eternal natural law right of the American people. It is quite another thing to brashly defy the U.S. Constitution and the U.S. Supreme Court, substituting one’s own judgment, and normative beliefs, and personal political and social philosophy, for that of the precepts and stricture of the U.S. Constitution.The U.S. Constitution, as promulgated by men much wiser than Governor Hochul and Anti-Second Amendment Legislators in Albany has, through the test of time, proved its value. This Country, in the space of almost 250 years, has outstripped any other modern Nation, becoming by far the wealthiest, most powerful, most prosperous, any Nation on Earth. The U.S. Constitution, grounded on the precepts of Individualism has enabled this. It is no accident.The prescription for the Nation’s success is simple: Government exists to serve the interests of the American people, and they, not Government, are sovereign over Government and over their own destiny.Indeed, the tacit theme of all three seminal Second Amendment cases—Heller, McDonald, and Bruen—is that Government must pay homage to the natural law rights of man.But Governor Hochul and the New York State Legislature will have none of that just that. The forces they represent and pay homage to have other plans for Americans. There is no limit to their disdain for the Constitution, their rudeness toward the U.S. Supreme Court, and their contempt for the American people.Through tortuous, guileful legislative legerdemain, the New York Government has enacted an elaborate set of amendments to the State’s handgun licensing Statute, Section 400.00, and to the concealed handgun carry Section of the Statute, especially, NY CLS Penal § 400.00(2)(f). These amendments serve merely as a pretense of compliance with Bruen, and a poor one at that.But they don’t fool anyone, especially the Court. On inspection, the State’s “Post-Bruen” Amendments to Section 400.00 are excessively harsh, brutal really. To understand how that is, it helps to understand what the New York handgun licensing Statute looked like prior to Bruen. We delve into that and compare and contrast the original Section 400.00 handgun licensing Statute with the amendments to it in the next article.
NEW YORK’S HANDGUN LICENSE STATUTE PRIOR TO BRUEN IS BAD; AFTER BRUEN IT IS WORSE
In the most recent iteration, prior to Bruen, applicants for any New York handgun license—whether restricted or not—had to comply with Section 400.00(a), which denies possession of a handgun to anyone who is under disability as defined in Federal Statute, 18 U.S.C § 922. New York has adopted that Statute for its own use. Up till now, to obtain a concealed handgun carry license, applicants in the general population had to demonstrate “proper cause,” set forth in, but never defined in, Penal Code Section 400.00(a).The State Legislature has left it up to the licensing authorities of the Counties to specify “proper cause,” and what that is has remained quite nebulous. The whole point of this is to make it difficult for the average person to acquire a carry license. So, few have tried, and most that have tried have failed secured such licenses. Under the New York Constitution’s Home Rule provision, though, New York City is permitted to adopt its own “proper cause” requirements for applicants of concealed handgun carry licenses, and it has done so. These are set forth in 38 RCNY 5-03. They are stringent, but, at least, not inherently nebulous.Individuals who presently hold valid concealed handgun carry licenses in the City, which NYPD License Division has exclusive authority to issue, have, through time, adapted to the NYPD License Division’s “proper cause” requirements. These requirements are aimed at providing a mechanism for the City’s entrepreneurial class to obtain licenses.It suggests an explicit attempt at accommodation of business practices—operating as both cause and effect. The NYPD License Division establishes the requirements for business entrepreneurs to qualify for a concealed handgun carry license, and those entrepreneurs do their best to comply with those requirements. Compliance with those requirements have thus enabled a small number of people, New York City’s entrepreneurial class that happens to handle substantial amounts of cash in the usual course of their business, to obtain a coveted handgun carry license. The NYPD License Division establishes the criteria under which applicants for handgun carry licenses can satisfy requirements, and those business applicants oblige the NYPD. So, it has been for decades. That now goes out the door.Under the requirements for a concealed handgun carry license in New York City and in the rest of the State—that take effect in September—the City’s Rules will not be valid. Be that as it may, at present, the NYPD License Division has yet to revise its Rules for issuance of concealed handgun licenses. But the Division will have to. The City’s Home Rule Charter gives the NYPD License Division substantial leeway to establish its “proper cause” criteria, but the City’s criteria have to be consistent with the intent of the Statute. The present rules are not consistent with the amendments to Section 400.00 that take effect in September.Those entrepreneurs who have business establishments in the City and who have adapted their business procedures to cohere to the NYPD License Divisions procedure will find their pro forma renewal process no longer open to them. They are in jeopardy of losing acquisition of concealed handgun carry licenses that heretofore they could rely on as long as their business operations and practices remained consistent through time. Upon renewal of their present license, they must comply with the new requirements or forsake their concealed handgun carry license. We investigate those in the next article, Part Seven of this series._____________________________________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 21st 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.
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 U.S. SUPREME COURT IS A PROTECTOR OF THE SECOND AMENDMENT, BUT FOR HOW LONG?
When recounting the import of U.S. Supreme Court case holdings, especially pertaining to our Nation’s fundamental rights and liberties—the most important of which is codified in the Second Amendment of the Bill of Rights—one must be reminded that the Third Branch of Government is not a distant poor cousin of the other two and is not to be treated as if it were such. Yet, it is often denigrated as such, especially when some case decisions, like those in the recent Bruen and Dobbs cases, happen to throw some people into a fit of rage, threatening the Court and threatening the life of some Justices within it, and threatening the viability and “legitimacy” of the High Court.Two co-equal Branches of the Federal Government, the Executive and Legislative, along with assistance from the legacy Press, do nothing to curb this insult and danger to the third co-equal Branch. Instead, these two Branches, along with the Press, either remain silent, or actively, avidly encourage the disassembling of the Third. Hence the concerted effort to “tame” the Court through the device of “court-packing,” a thing the Biden Administration looked to accomplish through creation of a commission for just that purpose. Fortunately, that came to naught. Still, these are the sort of antics of Americans come to expect from the Harris- Biden Administration. And we see these antics from a bloated, rancid, unelected, and unaccountable Administrative Deep State; and from an obstreperous, preening, arrogant Congress; and from a seditious, treacherous Press; and even from some academicians whose essays exhibit an unrestrained, radical Marxist/Neoliberal Globalist oriented socio-political bent.Americans see a treacherous Federal Government, a seditious Press, and large multinational conglomerates uniting in a collective effort to erode the underpinnings of a free Republic and eventually eradicate it. And it does so because a free Constitutional Republic doesn’t address their wants and desires—as if it ever should have been so.The present Administration does nothing to prevent a vicious, vile mob from attacking the Court, but remains painfully silent. And members of Congress go further, even inciting a mob to violence. Schumer, who should know better, as a Harvard educated lawyer—although he never practiced law—threatens a Justice at the steps of the High Court, and a would-be assassin eventually tries to oblige. And Maxine Waters, a sociopath and lunatic if there ever was one, marches with a mob to the doors of the U.S. Supreme Court, shrieking: “The hell with the Supreme Court. We will defy them.”More restrained in his remarks belittling the Court, but no less dangerous because of the nature of them, a Law Professor at Pepperdine University, one, Barry P. McDonald argues the founding fathers had intended to relegate the Supreme Court to second-class status. But, if true, the impact of that inference has dangerous repercussions not only for the Government itself but for the peoples’ right to check the power of that Government through force of arms. The Constitution to this scholar is nothing more than an amorphous, shapeless lump of clay to be reshaped and remolded at will or whim, not unlike a potterer producing a clay pot on a ceramic pottery wheel, changing the design as his fancy suits him, as the wheel goes round and round. McDonald’s essay was published as an Op-Ed in the NY Times, a few days after the Senate voted to confirm Brett Kavanaugh as an Associate U.S. Supreme Court Justice. Obviously, Professor McDonald disapproved of the confirmation, no less so than The New York Times that sought him out as a credentialed college professor to give weight to its own abhorrence of the Court and of the confirmation of Kavanaugh to sit on it as Justice Kavanaugh. McDonald wrote, in principal part,“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).” So, we are to believe that the founders thought less of the High Court because of the Building they were housed in, or because they devoted a few lines to the Judicial Branch in Article 3 of the Constitution, or because we are to accept Professor McDonald’s on faith that the founders expected each Branch to decide for itself the expansiveness of its powers? And where, in all of that jockeying for power among the servants of the people in Government does that leave the people of the United States, who are the true and sole sovereign over Government? To give credence to this odd notion that the High Court is relegated to a humble position in the Federal Governmental structure, Professor McDonald intimates that John Jay resigned from the Court because he thought the Court lacked “energy, weight and dignity.”Professor McDonald fails to cite anything to support the inference or provide context for it. The actual letter, where that phrase appears, a letter from John Jay to President Adams is available for viewing on the founders' archives website. It is clear from a perusal of Jay’s letter to President John Adams, declining the President’s invitation to serve once again as Chief Justice of the High Court, that John Jay’s declination was not tied to a belief, contrary to what Professor McDonald intimates, that the framers must have had a low expectation for the Court and that, therefore, John Jay no longer wanted to be a part of the Court. Such an idea is absurd; yet McDonald places significant reliance on it for his thesis. But, if John Jay had such misgivings about the Court, he would not have served as Chief Justice of it, in the first place, nor stayed on the Court for as long as he did. The facts are as follows: “In 1789, after Jay declined George Washington's offer of the position of Secretary of State, the president offered him the new opportunity of becoming Chief Justice of the United States Supreme Court, which Jay accepted. He was unanimously confirmed on September 26, 1789 and remained on the bench until 1795. As this was an inaugural position, many of Jay's duties involved establishing rules, procedure, and precedents.” So, Justice John Jay, a founding father, did much to develop the federal judicial system and resigned, when elected Governor of New York. See article in NYCourts.gov. A few years later, John Adams, the second President offered John Jay the Chief Justice position once again. He declined the offer but did so not because he thought the Supreme Court had been accorded no real power under the Constitution, but, rather, because he felt the Executive Branch of Government would not allow the Court to exercise its Article 3 powers as the Constitution intended, dismissing the Court’s authority and power out-of-hand. This early power grab by the Executive Branch came to a head in the famous case of Marbury vs. Madison, when Chief Justice, John Marshall, asserted the Court’s rightful powers that the Executive Branch had chosen to ignore. And in that struggle it was Thomas Jefferson, the third U.S. President, who acceded to Marshall, acknowledging, if only reluctantly, the Supreme Court’s Article 3 authority that the Executive Branch sought to ignore.The Federal Government was just in its infancy, but, even then, the three Branches had started to jockey for power. Even so, usurpation of power is patently contrary to the dictates of the Constitution which delineates the powers and authority of each Branch, thereby establishing the parameters for the exercise of powers so delineated for each Branch. No Branch is permitted to transgress the Constitutional boundaries of power set for it. Had the framers of the Constitution sought to place the High Court under the auspices of another Branch as in the English Parliamentary System, the framers would have plainly provided for that. They did not.There were many possible Governmental forms and many permutations within any Governmental form to choose from. The framers of the Constitution considered many configurations of Government and rejected all but one: A tripartite co-equal Branch Republican form of Government in which each Branch would be accorded its own set of limited, clearly articulated, and demarcated powers and authority. Thus, the Framers constructed one form of Government they hoped would be the least susceptible to insinuation of tyranny. Still the framers of the U.S. Constitution harbored doubt that their best efforts to establish a Government of three co-equal Branches would be sufficient to forestall the insinuation of tyranny into the Government. Their concerns were justified.They knew that such is the nature of Government that no Governmental form would suffice to prevent the inevitable and inexorable tendency of a centralized Government with a standing army to resist the irresistible tug, and urge, and itch, to gather ever more power for itself.Since the Federal Government was constructed to be the servant of the people, the founders made certain that the American people would bear arms to secure their freedom and liberty from tyranny and they understood that the natural law right of the people to keep and bear arms would rest—must rest—beyond the power of Government to toy with. For it is only through an armed citizenry that Government—especially one that is hell-bent in exercising absolute power and concomitantly oppressing the citizenry—can be kept from usurping the sovereignty of the American people and subjugating them in the process.Exercise of Governmental Power has shifted between and among the Branches through the decades, as they jockey for power and this is inconsistent with the plain text of the Constitution that demarcates the power and authority of each Branch; the power and authority that each Branch was allowed to wield, and not intrude on the domain of another Branch.The American people as the sole sovereign over Government would check the insinuation of tyranny—a given—through exercise of the natural law right of the people to keep and bear arms. And that would remain an immutable “constant,” irrespective of the machinations of the Three Branches of Government.And it is the stubborn constancy of the Second Amendment continues to rankle Big Government and its supporters to no end becoming more noticeable as the Government continues to devolve ever further into tyranny. Today, we see the coalescing and merging of the Executive Branch and Legislative Branches. And we see attempts to bring the Judicial Branch into the fold. And none of this bodes well for the American people. This means the right of the people to keep and bear arms grows more insistent. Consider——The Biden Administration, with a compliant Senate, has barreled through confirmation the first of a new kind of Supreme Court Justice: one who has no regard for the rights and liberties of the American people. This person, Ketanji Brown Jackson, is a person of mediocre talents at best, according to a National Review report. She was selected by the Administration’s shadowy puppetmasters, precisely because she is a dutiful proponent of the Marxist dogma of “Diversity, Equity, Inclusion.” Did the National Review provide support for her nomination? One reporter did. See an article in the Federalist about this, chastising the National Review because of this. This nomination and confirmation of Ketanji Brown Jackson and more like her would not bode well for the independence of the Court.Imagine the fate of Americans today if Congress could legislate away exercise of the fundamental rights as codified in the Nation’s Bill of Rights and if the Executive Branch could do much the same through DOJ/FBI and ATF misuse of its Administrative Rulemaking authority.And, does anyone doubt for a moment that five Justices—the faux Conservative-wing Originalist, Chief Justice Roberts, and four liberal-wing Associate Justices, Breyer, Kagan, Sotomayor, plus Garland, wouldn’t have overturned the rulings of the seminal Second Amendment Heller and McDonald cases, using the Bruen case for just that purpose, apart from affirming the decision of the U.S. Court of Appeals for the Second Circuit, for the Respondent City of New York, against the Petitioners. In a nightmare world that could have happened, and, indeed, would have happened. And, here in reality, the Neo-Marxists and Neoliberal Globalists are more than annoyed at the outcome of Bruen and Dobbs, that their dream of negating the Second Amendment did not happen. They are absolutely apoplectic over that. Just look at how this obsequious, fawning head of the DOJ, unlawfully but dutifully targets Americans for special treatment at the behest of the Biden Administration and at the behest of other radical groups like the National School Board Association. The framers of the U.S. Constitution would not be pleased but not all that surprised at the Government’s turn toward tyranny. As the framers wrestled with and finally settled on a Republican form of Government, consisting of three co-equal Branches, they also created a “failsafe” to offset the tendency of Government toward tyranny. Government would serve at the behest of the American people, the true and sole sovereign of Government and Nation but only if that Government is kept in check by an armed citizenry, whom, Constitutionally, it has no control over as it is prohibited from infringing the natural law right of the people to be armed. Thus, the cause of frustration of those forces that seek to usurp the sovereignty of the American people by controlling their possession of and access to arms and ammunition.The British Empire sought to do this once and failed. Much more insidiously, the Government of the United States, today, seeks to do the same thing and this Government has been busily at work, especially in the 20th Century and to the present day, to dispossess the American people of their firearms and stocks of ammunition and, further, to destroy their will to resist.Imagine the fate of Americans today if Congress could legislate away exercise of the fundamental rights as codified in the Nation’s Bill of Rights and if the Executive Branch could do much the same through ostensible DOJ/FBI and ATF Administrative Rulemaking authority. Not to be long forestalled by the inconvenience of the U.S. Constitution, the Nation’s Tyrannical Government has attempted to do just that. The first major Federal legislation infringing the right of the people to keep and bear arms was in the 1930s with enactment of the appalling National Firearms Act of 1934 and Congress added to that infringement with the Gun Control Act of 1968, and the “Gun Violence Prevention Act of 1994.” And the threat continues to this day. These enactments conflict with the primacy and supremacy of the Second Amendment to ward off the threat of tyranny and are prima facie proof of the Government’s embrace of Tyranny. Yet——Historical events demonstrating the fact of Government usurpation of powers and authority that belong alone to the American people become of themselves legal justification for controverting the dictates of the Constitution.But Government action that erodes fundamental Rights and Liberty should not operate as prima facie evidence of the lawfulness of those actions merely because they occurred. But that is what we have. Historical events demonstrating unequivocal illegal Government action infringing Americans’ fundamental rights manifest, paradoxically—like a conjurer’s sleight of hand—as self-justifying evidence for the legality and propriety of the actions—a kind of historical necessity: “it happened, so it must be right and proper.” The historical antecedent event thus transforms as a transcendental moral truth.That is the argument the Biden Administration makes for corralling the Second Amendment. And that over-reliance on history and on the appeal to history as part of the Court’s standard of review of the legality of laws impinging on the Second Amendment point to a serious flaw in Bruen. Justices Alito, Thomas, and Amy Coney-Barrett must know this.In fact, Justice Amy Coney-Barrett specifically points to the problem of utilizing history as a standard by which to ascertain whether a particular Governmental action unconstitutionally infringes the Second Amendment. In a short concurring opinion which, curiously no one joined, she says, in part, this: “I write separately to highlight two methodological points that the Court does not resolve. First, the Court does not conclusively determine the manner and circumstances in which postratification practice may bear on the original meaning of the Constitution. . . . Scholars have proposed competing and potentially conflicting frameworks for this analysis, including liquidation, tradition, and precedent. . . . The limits on the permissible use of history may vary between these frameworks (and between different articulations of each one). To name just a few unsettled questions: How long after ratification may subsequent practice illuminate original public meaning? . . . . What form must practice take to carry weight in constitutional analysis? . . . . And may practice settle the meaning of individual rights as well as structural provisions? . . . The historical inquiry presented in this case does not require us to answer such questions, which might make a difference in another case. . . . Second and relatedly, the Court avoids another ‘ongoing scholarly debate on whether courts should primarily rely on the prevailing understanding of an individual right when the Fourteenth Amendment was ratified in 1868’ or when the Bill of Rights was ratified in 1791. . . . Here, the lack of support for New York’s law in either period makes it unnecessary to choose between them. But if 1791 is the benchmark, then New York’s appeals to Reconstruction-era history would fail for the independent reason that this evidence is simply too late (in addition to too little). Cf. Espinoza v. Montana Dept. of Revenue, 591 U. S. ___, ___-___ (2020) (slip op., at 15-16) (a practice that ‘arose in the second half of the 19th century . . . cannot by itself establish an early American tradition” informing our understanding of the First Amendment). So today’s decision should not be understood to endorse freewheeling reliance on historical practice from the mid-to-late 19th century to establish the original meaning of the Bill of Rights. On the contrary, the Court is careful to caution ‘against giving postenactment history more weight than it can rightly bear [citations omitted].’” We discuss this problem of history as a component of a new standard of review in Second Amendment cases in future articles analyzing Bruen._________________________________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.
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
MEMORIAL DAY HONORS AMERICANS WHO DIED IN DEFENSE OF FREEDOM; BUT WHERE IS OUR ‘FREEDOM’ TO BE FOUND IF NOT IN THE ARMED CITIZENRY?
“Within the last year — ever since President Joe Biden signed his four-year lease on the White House — the word ‘freedom’ has taken on an unsavory, sinister connotation.” See report in Newsmax. Wherefore is our freedom now if not in the armed citizenry? The U.S. Supreme Court can provide a leg-up from the United States Supreme Court.The current U.S. Supreme Court term ends on June 27, 2022, and reconvenes on October 3, 2022, the starting date of its next term. Two major opinions are due out momentarily: Dobbs and Bruen. Dobbs is a major abortion case. Bruen is a major Second Amendment case. A leaked version of Dobbs has unleashed a furor. And an opinion in Bruen, striking down the NYPD concealed handgun licensing procedures will cause its own furor, worsened by the recent elementary school shooting incident in Texas.Only the High Court, the Third Branch of Government, retains, at present, a modicum of independence. The Neoliberal Globalist puppet masters have firm control over both the First and Second Branches, but not yet, over the Third.The Country is in a precarious state: militarily, geopolitically, economically, societally. This is no accident. It is design.The seditious Press tries to explain this away partly by denial. But, knowing this to have doubtful impact, the Press resorts to something more sinister. It tells the public it must accept the fall of the United States from its stature of preeminence. It tells the public that Nations rise and fall, and so must the United States. That is not true. The rise and fall of civilizations and nations isn’t a law of nature. It isn’t written in stone. It may appear so out of empirical necessity, but it is not one of logical necessity.Strong nations weather any storm. Weaker nations do not.Weak nations are doomed to eventual ruin from any force whether that force manifests inside or outside it.Strong nations cannot be destroyed from outside forces, but only from within. Thus, was the fate of the Roman Empire.The stooge, Biden, controlled by powerful forces, malevolent and malignant, lurking in the shadows, sputters their dictates. He is the embodiment of corruption, feebleness and decay: what better emblem to proclaim the dying of the Nation. And he sputters the problems with the Nation, the problems the public must bear, the dying of the Nation, isn’t his fault.Biden implements strategies to disrupt and destroy the Nation, and yet denounces the American people for the very thing this Government fabricates, asserting that “terrorism from white supremacy” is the most serious threat to the Nation. It is not. There is no such threat, there is no such thing; but in the saying of it, Biden, the ever-compliant tool of the puppet masters, the real Tyrant, uses the lie, uses the Government, the proxy, the obedient stand-in for the Tyrant, to direct action against the American people. But the threat is a phantom. That is all it is. That is all it ever was. But it serves a purpose.The lie is but a pretext to cull the Federal Government of those Americans it deems to be a threat against it, against the tyranny that Government imposes on the American people. The lie also becomes the pretext to harass civilians. The Tyrant suppresses all dissent. It aims to quell all perceived threats to it. And threat rests in all that disagree with the Tyrant.The Tyrant proclaims the virtue of its actions to brutally quash dissent. Asserting the necessity for that, the Tyrant posits its wish to promote safety and security, peace and harmony. It is all a bald-faced lied. But many citizens fall for it, comply with it; some there are who even rejoice in it. And the dutiful, foolish citizen dutifully lays down his arms. But most Americans are not foolish. They will not lay down their arms. And therein lies the Tyrant’s phantom, the menace. The phantom threat is tacitly attached to one-third or more of the Nation: acrimonious, noxious descriptors are applied to this group: “Domestic Terrorist,” the “White Supremacist,” “The Racist.” By whatever name, this one-third or more of the Nation is deemed a dire threat to the “Open Society” a.k.a. “New World Order” that the stooge, Biden, humbles himself to. He has agreed to this. And so, he is but a titular Head of State. And the silent, secretive Tyrant has its submissive, pliant, compliant, empty shell of man through whom its edicts come to be reality—Joe Biden, the Tyrant's present puppet.Donald Trump did not accept the concept of the “Open Society.” His “America First” and “Make America Great Again,” were not mere slogans. They were goals, and his policies and initiatives were directed to meeting those goals. Those slogans and aims are antithetical to the goals of the “Open Society,” of a new world order. The slogans are treated as an obscenity. The Tyrant would have none of it; could have none of it if the nightmare vision it had in mind were to become reality. Trump had to go. But, what of the armed citizenry? Trump may not have been a great boon to it, but he never dared to remonstrate against it. The American citizenry is and must always remain an armed citizenry. Make no mistake about that. The citizenry’s sovereignty over the Nation and over the Federal Government, and over any would-be Tyrant, demands that. True freedom and liberty of the people can only exist by dint of arms. For, only through dint of force of arms can Government be kept in check. Only through dint of force of arms can true freedom and liberty be maintained.And many Americans sacrificed their life to preserve a free Republic and a sovereign people. That is the reason for Memorial Day. It’s a day of remembrance to the supreme sacrifice they made.“Originally called Decoration Day, Monday's holiday honors all soldiers who died during service to the nation.Memorial Day was declared a national holiday through an act of Congress in 1971, and its roots date back to the Civil War era, according to the U.S. Department of Veterans’ Affairs.Unlike Veterans Day, Memorial Day honors all military members who have died in while serving in U.S. forces.” From the deaths of the first Patriots, fighting for liberty and freedom against tyranny, to those who lost their life in Afghanistan, we must now ask: were their sacrifices in vain?The Nation is in crisis. But the crisis today is unlike any other in history. For the enemy of a free people lies wholly within. Nothing in the past can compare to it. Even the American Civil War, the bloodiest in our history, cannot match the present threat this Biden Government poses to the American people.Americans face the loss of a free Constitutional Republic, the loss of all unalienable rights and liberties. Such “rights” that remain are treated merely as privileges to bestowed on one or rescinded, at the whim of Government—Tyrant. Americans thus face the loss of their freedom, their sovereignty; their historical memory; their very Soul as a singular sovereign, independent Nation.Only through the presence of the armed citizenry, can Freedom and liberty keep tyranny at bay.Unlike the American Civil War, this present conflict is insidious. It rots the Nation to its core. Americans witness this through the Tyrant’s attack on exercise of all natural law rights.But the Tyrant says this is good, this is right. The Tyrant dares to say our Nation is evil; its traditions, heritage, culture—all reflected in its sacred Documents—are perverse. And many there are who accept the Tyrant’s words as true. They see the necessity of dismantling the whole of a free Republic, and the necessity of surrendering their sovereignty over Government.Will this come to pass?The Midterm elections are soon upon us. The Tyrant and its servants are worried. Congress may be lost to them. And theTyrant and its servants are using the tool of propaganda to incense the public against itself, against its very Soul. They use raw emotion to convince the public that the murder of an unborn child is a good and proper thing if the mother so wishes it. And they use raw emotion to convince the public that disarming the public will serve to protect such of those children born if the Americans will but lay down their arms.Thus, the Tyrant demonstrates his contempt for the common people.And yet, the return of abortion matters to the States rightfully returns authority to the American people, who, through their States, make their own decisions concerning it. Some States will warrant, or have, like New York, already warranted it; other States will not.And, in Bruen, the public might see sanity and reason returned to the Country if the High Court strikes down, as unconstitutional, NYPD procedures for the issuance of concealed handgun carry licenses. The Tyrant worries endlessly over the Bruen decision. It abhors the armed citizen.The Tyrant cares not that the citizen might, with firearms, ably defend himself against predatory animal or predatory man, but cares much that the citizen may also defend himself quite ably with firearms against the Tyrant, itself. And it is the threat to its own security posed by the armed citizen that the Tyrant sees as reason enough to wage war against the American people—even a bloody one, if it comes to that.____________________________________Copyright © 2022 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved